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Full text of "Country reports on human rights practices : report submitted to the Committee on Foreign Affairs, U.S. House of Representatives and Committee on Foreign Relations, U.S. Senate by the Department of State in accordance with sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961, as amended"

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COUNTIRY  REPORTS  ON  HUMAN  RIGHTS 
PRACTICES  FOR  1997 


REPORT 

SUBMITTED  TO  THE 

COMMITTEE  ON  INTERNATIONAL 

RELATIONS 
U.S.  HOUSE  OF  REPRESENTATIVES 

AND  THE 

COMMITTEE  ON  FOREIGN  RELATIONS 
U.S.  SENATE 

BY  THE 

DEPARTMENT  OF  STATE 

IN  ACCORDANCE  WITH  SECTIONS  116(d)  AND  502B(b)  OF  THE 

FOREIGN  ASSISTANCE  ACT  qgCJf^^^.^.^^lffN^y  H^^j^-p^ 

COLLECTION  " 

f^Av  01  ;c;98 

r:versity  of  Massachusetts 
Depository  Copy 


MARCH  1998 

Printed  for  the  use  of  the  Committees  on  International  Relations  of  the 
U.S.  House  of  Representatives  and  Foreign  Relations  of  the  U.S.  Senate 
respectively 


"m'^S^"    }         JOINT  COMMITTEE  PRINT 


COUNTOY  REPORTS  ON  HUMAN  RIGHTS 
PRACTICES  FOR  1997 


REPORT 

SUBMITTED  TO  THE 

COMMITTEE  ON  INTERNATIONAL 

RELATIONS 
U.S.  HOUSE  OF  REPRESENTATIVES 

AND  THE 

COMMITTEE  ON  FOREIGN  RELATIONS 
U.S.  SENATE 

BY  THE 

DEPARTMENT  OF  STATE 

IN  ACCORDANCE  WITH  SECTIONS  116(d)  AND  502B(b)  OF  THE 
FOREIGN  ASSISTANCE  ACT  OF  1961,  AS  AMENDED 


MARCH  1998 

Printed  for  the  use  of  the  Committees  on  International  Relations  of  the 
U.S.  House  of  Representatives  and  Foreign  Relations  of  the  U.S.  Senate 
respectively 

U.S.  GOVERNMENT  PRINTING  OFFICE 
45-909  CC  WASHINGTON  :  1998 


COMMITTEE  ON  INTERNATIONAL  RELATIONS 
BENJAMIN  A.  GILMAN,  New  York,  Chairman 


WILLIAM  GOODLING,  Pennsylvania 
JAMES  A.  LEACH,  Iowa 
HENRY  J.  HYDE,  Illinois 
DOUG  BEREUTER,  Nebraska 
CHRISTOPHER  SMITH,  New  Jersey 
DAN  BURTON,  Indiana 
ELTON  GALLEGLY,  California 
ILEANA  ROS-LEHTINEN,  Florida 
CASS  BALLENGER,  North  Carolina 
DANA  ROHRABACHER,  California 
DONALD  A.  MANZULLO,  Illinois 
EDWARD  R.  ROYCE,  California 
PETER  T.  KING,  New  York 
JAY  KIM,  California 
STEVEN  J.  CHABOT,  Ohio 
MARSHALL  "MARK"  SANFORD,  South 

Carolina 
MATT  SALMON,  Arizona 
AMO  HOUGHTON,  New  York 
TOM  CAMPBELL,  California 
JON  FOX,  Pennsylvania 
JOHN  McHUGH,  New  York 
LINDSEY  GRAHAM,  South  Carolina 
ROY  BLUNT,  Missouri 
JERRY  MORAN,  Kansas 
KEVIN  BRADY,  Texas 

RiCHARD  J.  Garon,  Chief  of  Staff 
Michael  H.  Van  Dusen,  Democratic  Chief  of  Staff 


LEE  HAMILTON,  Indiana 

SAM  GEJDENSON,  Connecticut 

TOM  LANTOS,  California 

HOWARD  BERMAN,  California 

GARY  ACKERMAN,  New  York 

ENI  F.H.  FALEOMAVAEGA,  American 

Samoa 
MATTHEW  G.  MARTINEZ,  California 
DONALD  M.  PAYNE,  New  Jersey 
ROBERT  ANDREWS,  New  Jersey 
ROBERT  MENENDEZ,  New  Jersey 
SHERROD  BROWN,  Ohio 
CYNTHIA  A.  MCKINNEY,  Georgia 
ALCEE  L.  HASTINGS,  Florida 
PAT  DANNER,  Missouri 
EARL  HILLIARD,  Alabama 
WALTER  CAPPS,  California 
BRAD  SHERMAN,  California 
ROBERT  WEXLER,  Florida 
STEVE  ROTHMAN,  New  Jersey 
BOB  CLEMENT,  Tennessee 
BILL  LUTHER,  Minnesota 
JIM  DAVIS,  Florida 


COMMITTEE  ON  FOREIGN  RELATIONS 

JESSE  HELMS,  North  Carolina,  Chairman 


RICHARD  G.  LUGAR,  Indiana 
PAUL  COVERDELL,  Geoiigia 
CHUCK  HAGEL,  Nebraska 
GORDON  H.  SMITH,  Oregon 
CRAIG  THOMAS,  Wyoming 
ROD  GRAMS,  Minnesota 
JOHN  ASHCROFT,  Missouri 
BILL  FRIST,  Tennessee 
SAM  BROWNBACK,  Kansas 


James 
Edwin  K. 


JOSEPH  R.  BIDEN,  Jr.,  Delaware 
PAUL  S.  SARBANES,  Maryland 
CHRISTOPHER  J.  DODD,  Connecticut 
JOHN  F.  KERRY,  Massachusetts 
CHARLES  S.  ROBB,  Virginia 
RUSSELL  D.  FEINGOLD,  Wisconsin 
DIANNE  FEINSTEIN,  California 
PAUL  D.  WELLSTONE,  Minnesota 

W.  Nance,  Staff  Director 
Hall,  Minority  Staff  Director 


(II) 


CONTENTS 


Page 

Foreword  vii 

Letter  of  Transmittal ix 

Preface xi 

Introduction  xiii 

Africa: 

Angola 1 

Benin  10 

Botswana  16 

Burkina  Faso  21 

Burundi  27 

Cameroon  36 

Cape  Verde  46 

Central  African  Republic  50 

Chad  57 

Comoros  64 

Congo,  Democratic  Republic  of 67 

Congo,  Republic  of 78 

Cote  dlvoire  83 

Djibouti  91 

Equatorial  Guinea  98 

Eritrea  105 

Ethiopia  110 

Gabon 120 

Gambia,  The 125 

Ghana  132 

Guinea  143 

Guinea-Bissau  153 

Kenya 158 

Lesotho  175 

Liberia  181 

Madagascar  193 

Malawi  198 

Mah 205 

Mauritania  211 

Mauritius 223 

Mozambique  227 

Namibia  241 

Niger  249 

Nigeria  257 

Rwanda 277 

Sao  Tome  and  Principe  284 

Senegal  287 

Seychelles  293 

Sierra  Leone  297 

Somalia  311 

South  Africa  316 

Sudan 327 

Swaziland  338 

Tanzania 345 

Togo  355 

Uganda  362 

Zambia 376 

Zimbabwe  384 

(III) 


IV 

Page 

Latin  America  and  the  Caribbean: 

Antigua  and  Barbuda  397 

Argentina  400 

Bahamas  407 

Barbados  412 

BeUze  416 

Bolivia 421 

Brazil  , 429 

Chile  443 

Colombia 451 

Costa  Rica  475 

Cuba 481 

Dominica 494 

Dominican  Republic 497 

Ecuador  505 

El  Salvador 512 

Grenada 523 

Guatemala 526 

Guyana  539 

Haiti 546 

Honduras  556 

Jamaica  565 

/  Mexico  570 

^       Nicaragua  591 

Panama 601 

Paraguay  614 

Peru  621 

St.  Kitts  and  Nevis  641 

Saint  Lucia  644 

St.  Vincent  and  the  Grenadines  647 

Suriname  651 

Trinidad  and  Tobago  656 

Uruguay 661 

Venezuela  666 

East  Asia  and  the  Pacific: 

Australia 679 

Brunei  634 

Burma 689 

Cambodia 699 

China  (includes  Hong  Kong)  713 

China  (Taiwan  only)  754 

Fiji 764 

Indonesia  770 

Japan  800 

Kiribati  810 

Korea,  Democratic  People's  Republic  of 813 

Korea,  Republic  of  822 

Laos  831 

Malaysia  837 

Marsnall  Islands  849 

Micronesia,  Federated  States  of 852 

Mongolia  856 

Nauru   860 

New  Zealand  863 

Palau  867 

Papua  New  Guinea 870 

Philippines  876 

Samoa  891 

Singapore 894 

Solomon  Islands  905 

Thailand  908 

Tonga  918 

Tuvalu   921 

Vanuatu  923 

Vietnam  927 


y 

Page 

Europe  and  Canada: 

Albania  939 

Andorra   951 

Armenia 953 

Austria  963 

Azerbaijan  968 

Belarus  977 

Belgium  991 

Bosnia  and  Herzegovina  996 

Bulgaria 1009 

Canada  1023 

Croatia  1029 

Cyprus  1046 

Czech  Republic 1054 

Denmark  1065 

Estonia 1067 

Finland  1075 

France  1078 

Georgia  1085 

Germany 1094 

Greece  1102 

Hungary  1115 

Iceland  1121 

Ireland  1124 

Italy  1130 

Kazakhstan  1135 

Kyrgyz  Republic 1151 

Latvia   , 1159 

Liechtenstein 1169 

Lithuania 1172 

Luxembourg  1179 

Former  Yugoslav  Republic  of  Macedonia   1182 

Malta  1190 

Moldova  1193 

Monaco 1200 

Netherlands,  The  1203 

Norway  1208 

Poland 1212 

Portugal  (includes  Macau)  1227 

Romania  1237 

Russia  1244 

San  Marino 1268 

Serbia-Montenegro  1271 

Slovak  Republic  1280 

Slovenia  1291 

Spain  1295 

Sweden  1308 

Switzerland  1314 

Tajikistan  1319 

Turkey  1329 

Turkmenistan  1353 

Ukraine 1360 

United  Kingdom   1374 

Uzbekistan  1389 

Near  East  and  North  Africa: 

Algeria  1403 

Bahrain 1415 

Egypt  1424 

Iran  1440 

Iraq  1449 

Israel  and  the  occupied  territories  1462 

Jordan  1491 

Kuwait  1502 

Lebanon  1513 

Libya  1522 

Morocco 1530 


VI 

Page 

Near  East  A^fD  North  Africa — Continued 

Western  Sahara  1542 

Oman  1544 

Qatar 1551 

Saudi  Arabia 1556 

Syria  1567 

Tunisia 1576 

United  Arab  Emirates  1587 

Yemen  1594 

South  Asia: 

Afghanistan 1605 

Bangladesh  1614 

Bhutan 1628 

India  1636 

Maldives  1656 

Nepal  1662 

Pakistan  1672 

Sri  Lanka  1694 

Appendixes: 

A.  Notes  on  preparation  of  the  reports  1711 

B.  Reporting  on  worker  rights  1713 

C.  International  human  rights  conventions  1715 

D.  Explanation  of  chart  in  Appendix  C 1720 

E.  FY  1996  U.S.  economic  and  military  assistance — actual  obligations  1721 

F.  53rd  session  of  the  U.N.  Human  Rights  Commission  voting  record 1725 

G.  United  Nations  Universal  Declaration  of  Human  Rights  1728 


FOREWORD 


The  country  reports  on  human  rights  practices  contained  herein 
were  prepared  by  the  Department  of  State  in  accordance  with  sec- 
tions 116(d)  and  502B(b)  of  the  Foreign  Assistance  Act  of  1961,  as 
amended.  They  also  fulfill  the  legislative  requirements  of  section 
505(c)  of  the  Trade  Act  of  1974,  as  amended. 

The  reports  cover  the  human  rights  practices  of  all  nations  that 
are  members  of  the  United  Nations  and  a  few  that  are  not.  They 
are  printed  to  assist  Members  of  Congress  in  the  consideration  of 
legislation,  particularly  foreign  assistance  legislation. 

Benjamin  A.  Oilman, 
Chairman,  Committee  on  International  Relations. 

Jesse  Helms, 
Chairman,  Committee  on  Foreign  Relations. 

(vii) 


LETTER  OF  TRANSMITTAL 


Department  of  State, 
Washington,  DC,  January  29,  1998. 
Hon.  Benjamin  A.  Oilman, 
Chairman,  Committee  on  International  Relations. 
Hon.  Newt  Gingrich, 
Speaker,  House  of  Representatives. 

Dear  Sirs:  On  behalf  of  the  Secretary  of  State,  I  am  transmit- 
ting to  you  the  Country  Reports  on  Human  Rights  Practices  for 
1997,  prepared  in  compliance  with  sections  116(d)(1)  and  502B(b) 
of  the  Foreign  Assistance  Act  of  1961,  as  amended,  and  section 
505(c)  of  the  Trade  Act  of  1974,  as  amended. 

We  hope  this  report  is  helpful.  Please  let  us  know  if  we  can  pro- 
vide any  further  information. 
Sincerely, 

Barbara  Larkin, 
Assistant  Secretary,  Legislative  Affairs. 
Enclosure. 

(ix) 


PREFACE 


1997  HUMAN  RIGHTS  REPORTS 

Why  The  Reports  Are  Prepared 

This  report  is  submitted  to  the  Congress  by  the  Department  of 
State  in  compHance  with  sections  116(a)  and  502(b)  of  the  Foreign 
Assistance  Act  of  1961  (FAA),  as  amended,  and  section  505(c)  of  the 
Trade  Act  of  1974,  as  amended.  As  stated  in  section  116(d)(1)  of  the 
FAA:  "The  Secretary  of  State  shall  transmit  to  the  Speaker  of  the 
House  of  Representatives  and  the  Committee  on  Foreign  Relations 
of  the  Senate,  by  January  31  of  each  year,  a  full  and  complete  re- 
port regarding  the  status  of  internationally  recognized  human 
rights,  within  the  meaning  of  subsection  (A)  in  countries  that  re- 
ceive assistance  under  this  part,  and  (B)  in  all  other  foreign  coun- 
tries which  are  members  of  the  United  Nations  and  which  are  not 
otherwise  the  subiect  of  a  human  rights  report  under  this  Act."  We 
have  also  included  reports  on  several  countries  that  do  not  fall  into 
the  categories  established  by  these  statutes  and  that  are  thus  not 
covered  by  the  congressional  requirement. 

The  responsibility  of  the  United  States  to  speak  out  on  behalf  of 
international  human  rights  standards  was  formalized  in  the  early 
1970's.  In  1976  Congress  enacted  legislation  creating  a  Coordinator 
of  Human  Rights  in  the  U.S.  Department  of  State,  a  position  later 
upgraded  to  Assistant  Secretary.  In  1994  the  Congress  created  a 
position  of  Senior  Advisor  for  Women's  Rights.  Congress  has  also 
written  into  law  formal  requirements  that  U.S.  foreign  and  trade 
policy  take  into  account  countries'  human  rights  and  worker  rights 
performance  and  that  country  reports  be  submitted  to  the  Congress 
on  an  annual  basis.  The  first  reports,  in  1977,  covered  only  coun- 
tries receiving  U.S.  aid,  numbering  82;  this  year  194  reports  are 
submitted. 

How  The  Reports  Are  Prepared 

In  August  1993,  the  Secretary  of  State  moved  to  strengthen  fur- 
ther the  human  rights  efforts  oi  our  embassies.  All  sections  in  each 
embassy  were  asked  to  contribute  information  and  to  corroborate 
reports  of  human  rights  violations,  and  new  efforts  were  made  to 
link  mission  programming  to  the  advancement  of  human  rights 
and  democracy.  In  1994  the  Bureau  of  Human  Rights  and  Humani- 
tarian Affairs  was  reorganized  and  renamed  as  the  Bureau  of  De- 
mocracy, Human  Rights,  and  Labor,  reflecting  both  a  broader 
sweep  and  a  more  focused  approach  to  the  interlocking  issues  of 
human  rights,  worker  rights,  and  democracy.  The  1997  human 
rights  reports  reflect  a  year  of  dedicated  effort  by  hundreds  of  State 

(xi) 


Xll 

Department,  Foreign  Service,  and  other  U.S.  Government  employ- 
ees. 

Our  embassies,  which  prepared  the  initial  drafts  of  the  reports, 
gathered  information  throughout  the  year  from  a  variety  of  sources 
across  the  political  spectrum,  including  government  officials,  ju- 
rists, military  sources,  journalists,  human  rights  monitors,  academ- 
ics, and  labor  activists.  This  information-gathering  can  be  hazard- 
ous, and  U.S.  Foreign  Service  Officers  regularly  go  to  great  lengths, 
under  trying  and  sometimes  dangerous  conditions,  to  investigate 
reports  of  human  rights  abuse,  monitor  elections,  and  come  to  the 
aid  of  individuals  at  risk,  such  as  political  dissidents  and  human 
rights  defenders  whose  rights  are  threatened  by  their  governments. 

After  the  embassies  completed  their  drafts,  the  texts  were  sent 
to  Washington  for  careful  review  by  the  Bureau  of  Democracy, 
Human  Rights,  and  Labor,  in  cooperation  with  other  State  Depart- 
ment offices.  As  they  worked  to  corroborate,  analyze,  and  edit  the 
reports,  the  Department  officers  drew  on  their  own  sources  of  infor- 
mation. These  included  reports  provided  by  U.S.  and  other  human 
rights  groups,  foreign  government  officials,  representatives  from 
the  United  Nations  and  other  international  and  regional  organiza- 
tions and  institutions,  and  experts  from  academia  and  the  media. 
Officers  also  consulted  with  experts  on  worker  rights  issues,  refu- 
gee issues,  military  and  police  matters,  women's  issues,  and  legal 
matters.  The  guiding  principle  was  to  ensure  that  all  relevant  in- 
formation was  assessed  as  objectively,  thoroughly,  and  fairly  as 
possible. 

The  reports  in  this  volume  will  be  used  as  a  resource  for  shaping 
policy,  conducting  diplomacy,  and  making  assistance,  training,  and 
other  resource  allocations.  They  will  also  serve  as  a  basis  for  the 
U.S.  Government's  cooperation  with  private  groups  to  promote  the 
observance  of  internationally  recognized  human  rights. 

The  Country  Reports  on  Human  Rights  Practices  cover  inter- 
nationally recognized  individual,  civil,  political,  and  worker  rights, 
as  set  forth  in  the  Universal  Declaration  of  Human  Rights.  These 
rights  include  freedom  from  torture  or  other  cruel,  inhuman,  or  de- 
grading treatment  or  punishment;  from  prolonged  detention  with- 
out charges;  from  disappearance  due  to  abduction  or  clandestine 
detention;  and  from  other  flagrant  violations  of  the  right  to  life,  lib- 
erty, and  the  security  of  the  person. 

Universal  human  rights  aim  to  incorporate  respect  for  human 
dignity  into  the  processes  of  government  and  law.  All  people  have 
the  inalienable  right  to  change  their  government  by  peaceful  means 
and  to  enjoy  basic  freedoms,  such  as  freedom  of  expression,  associa- 
tion, assembly,  movement,  and  religion,  without  discrimination  on 
the  basis  of  race,  religion,  national  origin,  or  sex.  The  right  to  join 
a  free  trade  union  is  a  necessary  condition  of  a  free  society  and 
economy.  Thus  the  reports  assess  key  internationally  recognized 
worker  rights,  including  the  right  of  association;  the  right  to  orga- 
nize and  bargain  collectively;  prohibition  of  forced  or  compulsory 
labor;  minimum  age  for  employment  of  children;  and  acceptable 
work  conditions. 


INTRODUCTION  TO  THE  1997  HUMAN  RIGHTS 

REPORT 

I.  The  Universality  of  Basic  Freedoms 

In  1948,  in  the  aftermath  of  the  deadliest  war  in  human  history 
and  in  the  first  chill  of  a  new  Cold  War,  delegates  to  the  U.N.  Com- 
mission on  Human  Rights  carefully  crafted  the  language  of  the 
Universal  Declaration  of  Human  Rights — the  first  international 
agreement  on  the  rights  of  humankind.  Working  under  the  leader- 
ship of  the  head  of  the  United  States  delegation,  Eleanor  Roosevelt, 
they  came  from  all  continents,  representing  a  broad  spectrum  of 
cultures.  The  document  proclaims  the  "inherent  dignity  and  .  .  . 
equal  and  inalienable  rights  of  all  members  of  the  human  family." 

The  enduring  strength  of  the  Declaration  is  its  universality.  Its 
core  freedoms  are  the  entitlement  of  all  people,  not  just  some 
groups  or  cultures.  They  are  not  a  new  invention.  Sophocles  wrote 
about  them  2,500  years  ago  when  he  had  Antigone  declare  that 
there  were  ethical  laws  higher  than  the  laws  of  Theban  kings.  The 
Chinese  delegation  at  the  time  of  the  drafting  of  the  Declaration 
pointed  out  that  Confucius  articulated  these  values  in  ancient 
China.  These  rights  begin,  as  Eleanor  Roosevelt  said,  in  the  "world 
of  individual  persons  .  .  .  the  places  where  every  man,  woman,  and 
child  seeks  equal  justice,  equal  opportunity,  equal  dignity  without 
discrimination." 

On  Human  Rights  Day,  December  10,  1997,  the  international 
community  began  a  year-long  celebration  of  the  50th  anniversary 
of  the  adoption  of  the  Universal  Declaration  by  the  General  Assem- 
blv  of  the  United  Nations  without  a  single  dissenting  vote.  In  the 
following  half  century  the  Declaration's  principles  have  entered  the 
consciousness  of  people  around  the  world,  providing  inspiration  for 
laws,  constitutions,  and  numerous  efforts  to  safeguard  basic  lib- 
erties. They  have  provided  a  universal  yardstick  for  measuring  our 
progress  and  showing  what  remains  to  be  done. 

Although  the  world  has  changed  much  in  the  past  50  years,  the 
Declaration's  universal  principles  remain  fully  valid.  The  Cold  War 
is  history  and  communism  has  been  discredited,  but  threats  to  free- 
dom and  human  rights  persist.  As  we  saw  this  year  in  sectarian 
and  ethnic  violence  in  manv  places  around  the  globe,  people  every- 
where remain  capable  of  dehumanizing  others  while  leaders  con- 
tinue to  exploit  this  human  failing  for  their  own  ends.  Democracy 
was  betrayed  by  violence  in  Cambodia,  despite  the  international 
community's  strong  involvement.  Political  opposition  and  individ- 
uals belonging  to  ethnic  and  religious  minorities  still  face  state- 
sanctioned  discrimination  and  murder  in  too  many  parts  of  the 
world. 

The  universality  of  the  Declaration's  principles  requires  that  we 
"expand  the  circle  of  full  human  dignity  to  all  people,"  as  First 

(xiii) 


XIV 


Lady  Hillary  Rodham  Clinton  stated  in  her  speech  at  the  United 
Nations  on  Human  Rights  Day.  Exceptions  to  the  principle  of  uni- 
versality threaten  to  undermine  the  human  dignity  of  all.  Repres- 
sive governments  and  their  apologists  always  have  rationalized 
why  they  should  be  exempted  from  the  Declaration's  principles. 
From  the  tortured  explanations  for  apartheid  in  South  Africa  to  ap- 
peals to  the  Burmese  Government's  slogan  of  "disciplined  democ- 
racy," repressive  governments  have  sought  exceptions  for  them- 
selves. A  perennial  argument  is  that  people  in  a  given  society  are 
not  yet  "ready"  for  democracy  and  human  rights.  In  1997  the  Dec- 
laration came  under  attack  when  Malaysian  Prime  Minister 
Mahathir  proposed  a  review  of  the  Declaration,  although  he  later 
asserted  that  it  was  not  his  intention  to  "dilute"  the  Declaration. 

Some  Western  scholars  have  argued  that  advocates  do  more 
harm  than  good  to  press  democracy  and  human  rights  at  the  wrong 
stage  of  socioeconomic  development.  Autocratic  governments,  so  the 
argument  goes,  are  insulated  from  interest  group  politics  and  have 
greater  freedom  to  impose  economic  discipline  on  behalf  of  long- 
term  development. 

While  some  authoritarian  governments  may  have  maintained  po- 
litical stability  and  produced  economic  gain  in  the  short  run,  this 
short-term  stability  has  been  purchased  at  the  price  of  repression. 
These  governments  lack  the  ingredients  for  continued  success:  the 
open  information  and  incentives  for  risk-taking  produced  by  an 
open  society,  and  the  accountability  that  comes  with  political  plu- 
ralism and  democracy — which  fosters  transparency  in  the  manage- 
ment of  economic  institutions.  This  involves  the  freedoms  pro- 
claimed in  the  Declaration,  including  political  and  economic  plural- 
ism, a  free  press,  freedom  of  association,  free  and  fair  elections, 
and  the  rule  of  law. 

The  argument  that  economic  development  must  precede  democ- 
racy and  human  rights  ignores  evidence  from  recent  history.  The 
experiences  of  Poland,  Costa  Rica,  the  Philippines,  and  Botswana 
demonstrate  that  the  roads  to  prosperity  and  democracy  are  one 
and  the  same.  The  evolution  toward  democracy  is  a  complex  proc- 
ess involving  many  factors,  with  no  particular  order  or  sequence  of 
events  that  must  be  followed.  International  efforts  to  promote  de- 
mocratization and  basic  freedoms  are  best  addressed  to  as  many  in- 
stitutions of  civil  society  as  possible,  including  legislatures,  judi- 
ciaries, executive  agencies,  local  governments,  trade  unions,  press 
and  media,  and  NGOs.  Of  course,  democracy  cannot  be  imposed 
from  the  outside.  It  must  find  its  own  roots  within  any  given  soci- 
ety. But  as  we  look  around  the  world,  we  see  those  roots  almost 
everywhere,  even  starting  to  develop  under  repressive  conditions  in 
places  such  as  China,  Nigeria,  and  Burma. 

Building  democratic  culture  and  support  for  human  rights  is 
never  easy,  and  there  are  always  setbacks.  But  that  is  no  reason 
for  the  international  community  to  doubt  the  universality  of  the 
Declaration's  principles,  nor  to  hold  back  from  trying  to  expand  the 
circle  of  human  dignity.  Fifty  years  after  adoption  of  the  Universal 
Declaration,  it  is  clear  that  people  in  all  cultures  and  at  all  stages 
of  development  want  their  voices  to  be  heard  and  their  dignity  to 
be  assured.  The  year  1997  brought  several  impressive  examples.  In 
places  as  diverse  as  Mali,  Albania,  Guatemala,  Kuwait,  Yemen, 


XV 

Oman,  Georgia,  and  South  Korea,  the  actions  of  people  in  the  ad- 
vancement of  their  own  human  rights  and  democracy  reaffirmed 
the  viability  and  universality  of  the  Declaration's  principles. 

Several  regional  organizations  also  took  steps  in  1997  that  un- 
derscored the  universality  of  human  rights.  In  Asia  ASEAN  post- 
poned Cambodia's  admission  after  the  democratic  process  broke 
down.  In  Africa  the  Southern  African  Development  Community 
(SADC)  was  active  in  supporting  the  proposed  International  Crimi- 
nal Court.  Addressing  the  SADC,  South  African  President  Nelson 
Mandela  stressed  that  respect  for  state  sovereignty  could  not  limit 
the  SADC  members'common  concern  for  democracy  and  human 
rights.  The  Economic  Community  of  West  African  States 
(ECOWAS)  intervened  against  a  coup  in  Sierra  Leone. 

II.  Year  in  Review 

a. — Repressive  Governments. — Strong  authoritarian  governments 
in  many  parts  of  the  world  kept  themselves  in  power  through  the 
systematic  abuse  of  the  human  rights  of  their  citizens.  The  dismal 
scenario  is  all  too  familiar. 

In  China  there  were  positive  steps  on  human  rights,  although  se- 
rious problems  remained.  Chinese  authorities  continued  to  commit 
widespread  and  well-documented  human  rights  abuses,  in  violation 
of  internationally  accepted  norms.  Abuses  included  torture  and 
mistreatment  of  prisoners,  forced  confessions,  arbitrary  arrest,  and 
lengthy  incommunicado  detention.  The  Government  continued  to 
use  intimidation,  administrative  detention,  imposition  of  prison 
terms,  house  arrest  or  exile  to  control  dissent.  Thousands  remained 
in  prison  for  the  peaceful  expression  of  their  political,  social,  or  reli- 
gious views,  or  '  counterrevolutionary"  crimes.  In  Tibet  repressive 
social  and  political  controls  of  ethnic  Tibetans  risk  undermining  Ti- 
bet's unique  cultural,  linguistic  and  religious  heritage. 

However,  the  Government's  response  to  dissent  was  somewhat 
more  tolerant  than  in  recent  years.  A  number  of  dissidents,  aca- 
demics, and  former  officials  issued  public  statements,  letters  or  pe- 
titions challenging  the  Government's  policies  or  advocating  political 
reform.  The  authorities  released  a  few  political  prisoners,  including 
Wei  Jingsheng.  China  also  made  progress  in  legal  reform  efforts  in 
1997.  As  a  result  of  economic  and  social  changes,  average  Chinese 
citizens  now  go  about  their  lives  with  more  personal  freedom  than 
ever  before.  However,  those  Chinese  who  openly  express  dissenting 
political  and  religious  views  still  live  in  an  environment  filled  with 
repression. 

In  Burma  the  Government  changed  its  name  from  the  State  Law 
and  Order  Restoration  Council  (SLORC)  to  the  State  Peace  and  De- 
velopment Council  (SPDC)  but  not  its  restrictive  practices.  Security 
forces  continued  to  commit  extrajudicial  killings,  beatings,  and 
rape.  The  Government  continued  its  restrictions  on  basic  rights  of 
free  speech,  the  press,  assembly,  association,  and  privacy. 

In  Nigeria  despite  General  Sani  Abacha's  announced  timetable 
for  transition  to  multiparty  rule,  there  was  no  meaningful  progress 
toward  democracy.  The  March  15  elections  were  deeply  flawed.  In 
April  the  Government  issued  Decree  Number  7,  which  allows  for 
the  removal  at  will  of  any  elected  official  by  the  Head  of  State. 
Other  elections  were  postponed.  The  winner  of  the  annulled  1993 


XVI 

presidential  election,  Chief  Moshood  K.O.  Abiola,  remained  in  de- 
tention on  charges  of  treason,  as  did  other  prominent  politicians 
and  pro-democracy  activists.  Abacha  announced  on  November  17 
that  he  would  release  some  political  detainees  but  at  year's  end  he 
had  not  done  so.  Security  forces  continue  to  commit  extrajudicial 
killings,  use  excessive  force,  torture,  harass  human  rights  and 
prodemocracy  groups,  and  sexually  abuse  female  suspects  and  pris- 
oners. Prison  conditions  remain  life  threatening.  Government  tribu- 
nals operating  outside  the  constitutional  court  system  undermine 
the  judicial  process.  Restrictions  on  freedoms  of  speech,  the  press, 
assembly,  and  association  continue. 

Cuba  attracted  positive  attention  by  agreeing  to  a  visit  from  the 
Pope  in  early  1998.  Castro's  totalitarian  structure,  however,  re- 
mains unchanged.  Police  continued  to  use  excessive  force,  occasion- 
ally resulting  in  deaths.  Freedom  of  speech,  the  press,  assembly, 
association,  and  the  right  to  privacy  are  denied.  North  Korea,  de- 
spite economic  catastrophe,  still  clings  to  its  totalitarian  isolation- 
ism. 

The  aging  dictatorship  in  Libya  survived  another  year  through 
intimidation  and  the  denial  of  basic  rights.  In  Syria  there  was 
scant  progress  in  opening  up  the  autocratic  system.  In  Iraq  the 
Government  forced  the  displacement  of  tens  of  thousands  of  Kurds, 
Shi'a,  and  other  minorities,  and  there  were  credible  reports  of  mass 
extrajudicial  killings  of  perceived  political  opponents.  In  Iran  seri- 
ous human  rights  abuses  persisted,  although  its  new  president, 
Seyyed  Mohamad  Khatami,  has  publicly  pledged  his  support  for 
the  rule  of  law  and  increased  personal  freedoms.  In  Saudi  Arabia 
restrictions  on  freedoms,  including  the  basic  freedoms  of  women, 
continued. 

b.  Countries  in  Conflict. — Conflict  posed  an  increasing  threat  to 
civilians  in  a  number  of  countries  in  1997.  In  the  Great  Lakes  re- 
gion of  Africa  Hutu  insurgents  in  Rwanda,  Burundi,  and  the  east- 
ern Democratic  Republic  of  the  Congo  (DROC)  have  organized  alli- 
ances that  include  the  openly  genocidal  ex-FAR  and  Interahamwe, 
and  the  Burundian  Palipehutu.  The  security-conscious  govern- 
ments in  the  region  are  snaring  arms  and  intelligence.  There  are 
extremely  serious  abuses  on  all  sides.  In  the  DROC  the  human 
rights  situation  has  remained  extremely  volatile,  despite  the  depar- 
ture of  former  President  Mobutu.  Many  serious  problems  remain, 
especially  allegations  of  civilian  massacres  during  President 
Kabila's  campaign  to  take  power,  which  the  U.N.  has  sought  unsuc- 
cessfully to  investigate. 

The  alarming  brutality  of  the  massacres  and  sexual  violence 
against  women  in  Algeria  commanded  the  world's  attention.  At  the 
end  of  the  year,  as  many  as  1,000  civilians  were  being  killed  each 
month.  Civil  war,  as  well  as  slavery  and  forced  conscription  of  chil- 
dren continued  in  Sudan.  The  Government  continued  to  use 
extrajudicial  killings,  disappearances,  torture,  and  the  harassment 
of  suspected  opponents  to  stay  in  power.  Military  forces  summarily 
tried  and  punished  civilians.  Afghanistan  remains  in  a  state  of 
near  anarchy,  with  arbitrary  and  summary  law  enforced  by  the 
armed  factions  in  territories  under  their  control.  The  repressive 
Taliban  control  the  majority  of  territory.  Human  rights  for  women 
and  girls  declined  drastically  in  Taliban-controlled  areas,  where 


XVll 


they  were  denied  the  right  to  education;  prohibited  from  working 
outside  the  home,  except  in  Hmited  circumstances  in  the  health 
care  field;  and  prohibited  fi-om  appearing  outside  the  home,  unless 
accompanied  by  a  male  family  member  and  wearing  a  covering 
from  head  to  toe. 

Colombia  has  increasing  human  rights  problems.  Security  forces, 
paramilitary  forces,  and  guerrillas  all  committed  extrajudicial 
killings  and  kidnapings,  almost  always  with  impunity.  Guerrillas 
disrupted  local  elections  and  threatened  and  killed  candidates. 
Paramilitaries  at  times,  with  the  collaboration  or  acquiescence  of 
the  military,  were  responsible  for  massacring  unarmed  civilians. 

c. — Countries  in  Transition. — Countries  in  transition  presented  a 
mixed  picture  of  progress  and  backsliding.  On  the  hopeful  side, 
democratic  government,  despite  significant  remaining  obstacles, 
seemed  to  be  taking  root  in  Romania  and  Bulgaria,  as  reforming 
governments  tackled  difficult  structural  economic  problems. 

As  countries  emerge  from  these  transitions,  women  continue  to 
have  particular  burdens,  leaving  their  basic  needs  unmet.  In  such 
situations,  women  lack  shelter,  food,  and  the  ability  to  provide  for 
their  children.  These  circumstances  put  an  additional  strain  on 
women's  ability  to  participate  in  the  economic  and  political  rebuild- 
ing of  their  country. 

When  Albania  stood  on  the  brink  of  chaos  following  the  collapse 
of  the  pyramid  investment  schemes,  the  international  community 
coordinated  an  effective  response.  The  Italian-led  multinational 
force  provided  security,  while  the  Organization  for  Security  and  Co- 
operation in  Europe  (OSCE)  oversaw  election  preparations.  Despite 
physical  danger  and  other  obstacles,  the  Albanian  people  bravely 
responded  to  the  international  community's  assistance  by  turning 
out  in  force  for  the  June  29  parliamentary  election.  In  a  massive 
protest  vote,  the  opposition  Socialists  defeated  the  increasingly  au- 
thoritarian President  Berisha.  Although  much  still  can  go  wrong, 
the  international  community  worked  with  the  Albanian  people  to 
help  put  the  country  back  on  the  democratic  track,  and  under  the 
coordination  of  the  OSCE,  remains  engaged  in  the  strengthening  of 
human  rights  and  democratic  initiatives  in  Albania. 

Liberia  held  presidential  and  parliamentary  elections  on  July  19, 
which  international  observers  deemed  free  and  transparent. 

Bosnia  continued  haltingly  to  put  in  place  elements  of  the  Day- 
ton Accords,  most  notably,  successful  municipal  elections  in  Sep- 
tember supervised  and  monitored  by  the  OSCE.  More  indicted  war 
criminals  were  brought  to  justice.  In  July  SFOR  members  arrested 
one  war  criminal  and  killed  another  in  self-defense.  On  October  10, 
indicted  Croat  war  criminals  surrendered  to  the  International 
Criminal  Tribunal  for  the  Former  Yugoslavia;  the  majority  of  Croat 
war  criminals  are  now  in  custody.  The  Dayton-mandated  Human 
Rights  Commission  strengthened  its  role,  and  the  International 
Commission  on  Missing  Persons  continued  to  help  families  deter- 
mine the  fate  of  their  loved  ones.  The  United  Nations  International 
Police  Task  Force  expanded  its  work  of  training  and  vetting  multi- 
ethnic police  units  in  the  Federation  and,  to  a  far  lesser  extent,  in 
the  Republika  Srpska,  where  local  authorities  often  proved  unco- 
operative. The  growing  political  influence  of  President  Plavsic  and 
her  supporters  in  the  Republika  Srpska  demonstrated  that  indicted 


XVlll 

war  criminal  Radovan  Karadzic  does  not,  in  fact,  hold  the  alle- 
giance of  most  Bosnian  Serbs.  Bosnia  still  has  a  long  way  to  go, 
however,  to  fulfill  the  promise  of  Dayton,  The  pace  of  integration 
remains  disappointingly  slow,  as  mutual  suspicions  far  exceed  mu- 
tual trust.  The  pace  of  refugee  returns  remains  minimal,  as  refu- 
gees rightly  fear  to  return  to  areas  where  they  would  be  members 
of  a  minority.  More  progress  is  needed  on  freedom  of  movement, 
freedom  of  the  media,  joint  institutions,  and  the  creation  of  multi- 
ethnic police  units.  Perhaps  the  major  factor  underlying  the  slow 
pace  of  Bosnia's  healing  is  that  the  majority  of  indicted  war  crimi- 
nals are  still  at  large  in  Bosnia  and  some,  like  Karadzic,  are  influ- 
encing policies  in  the  Republika  Srpska.  The  healing  and  reconcili- 
ation process  can  only  be  slowed  by  their  presence. 

There  was  a  marked  decline  in  human  rights  abuses  in  Guate- 
mala, but  problems  remained  in  some  areas,  including  extrajudicial 
killings.  Lynching  and  mob  attacks  continued.  Haiti's  human  rights 
progress  continued  under  President  Rene  Preval,  its  second  demo- 
cratically-elected leader.  However,  the  political  situation  remained 
unsettled  following  disputed  local  elections  in  April  and  the  June 
resignation  of  the  Prime  Minister,  with  no  replacement  by  year's 
end. 

Georgia  began  a  second  stage  of  economic  reforms  to  complete 
the  transition  to  a  free  market  economy.  Senior  government  offi- 
cials openly  acknowledged  human  rights  problems,  and  the  routine 
abuse  and  torture  of  prisoners  and  detainees  continued.  However, 
increased  citizen  awareness  of  democratic  values  and  the  growing 
assertiveness  of  the  Parliament  provided  some  check  on  the  ex- 
cesses of  law  enforcement  agencies. 

Egypt  made  incremental  improvements  in  its  human  rights  situ- 
ation, although  continuing  major  problems  include  restrictions 
under  the  Emergency  Law  (in  response  to  terrorist  activity),  mass 
arrests,  torture,  limits  on  press  freedom,  and  discrimination 
against  women  and  Christians. 

Indonesian  authorities  maintained  their  tight  grip  on  the  politi- 
cal process  and  controlled  the  May  parliamentary  elections.  Secu- 
rity forces  continued  to  be  responsible  for  extrajudicial  killings,  dis- 
appearances, and  torture.  Restrictions  on  freedom  of  speech  and  as- 
sociation, as  well  as  government  influence  over  the  judiciary,  are 
exemplified  by  the  trial  of  trade  union  organizer  Muchtar 
Pakpahan,  which  still  continues  after  14  months.  Vietnam's  human 
rights  record,  although  somewhat  improved,  continued  to  be  poor, 
with  significant  restrictions  on  freedom  of  speech,  assembly,  asso- 
ciation, religion,  and  the  right  to  privacy. 

Some  countries  took  certain  steps  this  year  that  raise  particular 
concerns.  In  Turkey  widespread  human  rights  violations  continued, 
including  torture,  restrictions  on  freedom  of  expression,  'Tionor" 
murders  of  women,  and  the  excessive  use  of  force  by  security  offi- 
cials in  the  southeast.  The  Government  adopted  some  reforms  to 
address  its  torture  problem  and  sent  some  positive  signals  on  lift- 
ing restrictions  on  free  speech.  Prime  Minister  Yilmaz  made  signifi- 
cant human  rights  commitments  in  a  series  of  statements  in  late 
1997.  Early  in  1998,  however,  the  judiciary  issued  a  ruling  banning 
Refah,  Turkey's  largest  political  party. 


XIX 


In  contrast  with  its  generally  favorable  climate  for  freedom  of  ex- 
pression, Russia  took  a  step  backward  with  the  passage  of  a  law 
restricting  freedom  of  religion.  In  another  area,  Russia  still  has  not 
adequately  addressed  pervasive  sexual  and  domestic  violence 
against  women. 

A  number  of  countries  in  transition  slid  backward  toward  greater 
authoritarianism.  Another  unfortunate  trend  for  countries  in  con- 
flict is  increased  criminal  activity  due  to  the  lack  of  a  strong 
central  government.  For  example,  the  deplorable  increase  in  traf- 
ficking of  women  and  girls,  poses  a  serious  threat  to  the  social  and 
economic  structure  of  emerging  democracies.  Victims  are  left  with- 
out adequate  legal,  economic,  and  social  protection  as  this  criminal 
activity  expands. 

After  tremendous  efforts  by  internal  proponents  of  democracy, 
supported  by  the  international  community,  Cambodia  reversed 
course  during  widespread  violence  in  July,  following  which  vir- 
tually all  opposition  leaders  fled  the  country.  The  Government  lim- 
ited freedoms  of  the  press,  assembly,  association,  and  the  right  to 
a  fair  trial. 

The  situation  continued  to  worsen  in  Belarus  as  President 
Lukashenko  harassed  independent  political  parties,  the  media, 
trade  unions,  human  rights  groups,  and  NGOs.  The  Soros  Founda- 
tion was  forced  out  of  the  country.  Under  sustained  international 
pressure,  Lukashenko  reluctantly  accepted  establishment  of  an 
OSCE  mission.  However,  the  degree  of  government  cooperation 
with  the  mission  remains  to  be  seen. 

In  Croatia  an  authoritarian  government  headed  by  Franjo 
Tudjman  used  domination  of  the  media  and  control  of  the  judiciary 
and  the  electoral  process  to  harass  and  isolate  most  democratic  op- 
position. The  OSCE  monitored  and  reported  on  the  problems  with 
the  elections. 

In  Kazakhstan,  Kyrgyzstan,  Uzbekistan,  and  Turkmenistan,  leg- 
islatures and  judiciaries  remain  subordinate  to  powerful  presi- 
dents. Basic  freedoms  are  curtailed  in  Uzbekistan,  under  the  per- 
sonality cult  regime  in  Turkmenistan,  and  to  a  lesser  extent  in 
Kazakhstan  and  Kyrgyzstan. 

III.  Early  Warning,  Preventive  Diplomacy,  and  Justice 

The  movement  to  strengthen  and  expand  international  institu- 
tions of  justice  gained  momentum  in  1997.  International  organiza- 
tions, such  as  the  United  Nations  and  the  OSCE,  work  with  states 
and  NGrO's  to  promote  the  basic  rights  of  those  most  vulnerable. 
Their  efforts  to  deal  with  violations  track  the  process  of  conflict  res- 
olution in  three  different  dimensions:  early  warning,  preventive  di- 
plomacy, and  justice. 

The  OSCE's  Office  for  Democratic  Institutions  and  Human 
Rights  (ODIHR)  plays  an  important  role  in  promoting  basic  human 
rights  in  the  emerging  democracies  of  Central  and  Eastern  Europe 
and  the  former  Soviet  Union.  It  is  active  in  monitoring  elections 
and  developing  national  electoral  human  rights  institutions.  The 
OSCE  also  monitors  implementation  of  human  rights  as  set  down 
in  the  Helsinki  Final  Act.  Helsinki  implementation  was  reviewed 
in  November  at  a  3-week  meeting  organized  by  ODIHR.  In  1997 
the  OSCE  established  a  Representative  on  Freedom  of  the  Media, 


XX 


who  will  focus  on  compliance  with  OSCE  principles  and  commit- 
ments regarding  freedom  of  expression  and  free  media. 

U.N.  mechanisms  for  promoting  and  protecting  human  rights  in- 
clude working  groups,  special  rapporteurs,  and  experts  who  inves- 
tigate and  report  on  alleged  violations.  Over  the  past  year,  the 
U.N.  has  strengthened  the  capacity  of  the  High  Commissioner  for 
Human  Rights  to  play  a  major  role  in  advancing  human  rights 
worldwide.  As  part  of  his  effort  to  strengthen  the  role  of  the  High 
Commissioner,  Secretary  (General  Kofi  Annan  appointed  Marv  Rob- 
inson, who  was  then  President  of  Ireland,  to  that  office  following 
the  resignation  of  Jose  Ayala  Lasso  of  Ecuador.  She  has  committed 
herself  to  advancing  international  human  rights  norms  through 
moral  persuasion  and  practical  methods  designed  to  produce  tan- 
gible results.  As  part  of  his  Track  Two  reforms,  Secretary  General 
Annan  consolidated  the  Center  for  Human  Rights  into  the  office  of 
the  High  Commissioner  for  Human  Rights  and  has  made  the  High 
Commissioner  a  participant  in  his  executive  committees.  These 
moves  raise  the  profile  of  human  rights  within  the  U.N.  and  affirm 
that  the  High  Commissioner  is  the  primary  liaison  for  human 
rights  mechanisms  within  the  U.N.  system.  The  United  States  is 
working  with  the  international  community  to  strengthen  the  High 
Commissioner's  office  through  more  efficient  management  and  ad- 
ditional resources. 

Over  the  past  4  years,  early  warning  activities  have  been  ad- 
vanced through  the  office  of  the  U.N.  High  Commissioner  for 
Human  Rights  and  the  office  of  the  U.N.  High  Commissioner  for 
Refugees.  The  two  high  commissioners  have  managed  field  oper- 
ations in  Rwanda,  Bosnia,  Burundi,  Georgia,  Colombia,  Cambodia, 
Vietnam,  Haiti,  Guatemala,  and  elsewhere,  which  advanced  U.N. 
early  warning  capabilities.  In  Central  and  Eastern  Europe  and  the 
countries  of  the  former  Soviet  Union,  the  OSCE,  through  its  field 
missions  and  High  Commissioner  for  National  Minorities,  plays  a 
similar  early  warning  role.  In  addition,  the  United  States  and  the 
European  Union  have  taken  the  lead  on  a  public  awareness  cam- 
paign to  warn  potential  trafficking  victims  of  the  dangers  involved 
in  this  criminal  activity. 

Once  forewarned  of  the  possibility  of  new  or  renewed  violent  con- 
flict, preventive  diplomacy  can  take  a  number  of  forms.  Measures 
like  visa  restrictions,  arms  restrictions,  denial  of  access  to  inter- 
national financing,  and  economic  sanctions  all  can  be  deployed  to 
contain  a  conflict  or  to  put  pressure  on  the  leaders  who  are  stimu- 
lating it,  as  was  done  throughout  1997  to  support  the  peace  process 
in  Bosnia  by  keeping  the  pressure  on  Pale,  Zagreb,  and  Belgrade. 
Sometimes  conflicts  can  be  ended  or  mitigated,  such  as  in  Guate- 
mala, Haiti,  and  El  Salvador,  where  the  U.N.  and  the  OAS  helped 
negotiate  an  end  to  conflicts  that  involved  massive  human  rights 
abuses.  Such  preventive  diplomacy  often  registers  successes  that  go 
unreported,  as  in  Estonia,  where  the  OSCE  sponsored  a  series  of 
local  open  forums  on  minority  rights  that  helped  generate  greater 
understanding  between  Estonians  and  ethnic  Russians. 

If  early  warning  and  preventive  diplomacy  fail,  appropriate  ac- 
tion must  be  considered  by  the  international  community,  especially 
when  large  numbers  of  civilians  are  threatened  by  violence.  In 
1997  the  rapid  and  effective  intervention  of  the  Italian-led  multi- 


J 


XXI 

national  force  helped  to  rescue  Albania  from  the  brink  of  chaos. 
With  the  OSCE  playing  the  leading  role,  the  international  commu- 
nity contributed  to  a  successful  election  process  in  June  in  which 
the  Albanian  people  chose  a  new  government  to  begin  to  lead  them 
out  of  their  crisis.  This  international  role  was  facilitated  by  the  co- 
operation of  most  Albanian  political  leaders.  In  contrast,  govern- 
ment resistance  prevented  international  human  rights  missions 
from  being  effectively  deployed  in  Algeria  and  played  a  role  in  hold- 
ing up  the  U.N.  mission  in  the  DROC. 

Sustaining  peace  once  it  has  been  restored  requires  justice. 
Those  guilty  of  crimes  against  humanity  must  be  punished  or,  at 
least,  exposed  if  the  victims  and  their  survivors  are  to  be  reconciled 
with  their  countrymen.  Affixing  individual  responsibility  also 
serves  as  an  effective  warning  to  others  who  might  be  tempted  to 
engage  in  similar  acts.  For  this  reason,  the  U.S.  has  been  the 
strongest  political  and  logistical  supporter  of  the  U.N.  War  Crimes 
Tribunals  for  the  former  Yugoslavia  and  Rwanda,  including  sup- 
porting the  inclusion  of  rape  as  a  war  crime. 

Although  the  Tribunals  made  progress  in  1997,  both  still  face 
major  challenges.  In  July  the  SFOR  made  its  first  arrest  of  indicted 
war  criminals,  capturing  one  and  killing  another  in  self-defense. 
Under  diplomatic  and  economic  pressure  from  the  international 
community,  Croatia  surrendered  10  indicted  Croats,  thereby  plac- 
ing most  of  the  wanted  Croatians  behind  bars.  However,  52  persons 
indicted  by  the  Tribunal  remain  at  large,  including  Ratko  Mladic 
and  Radovan  Karadzic.  The  Rwanda  Tribunal  has  been  more  suc- 
cessful in  gaining  custody  of  indicted  war  criminals  and  made  sig- 
nificant progress  in  1997  in  overcoming  administrative,  staffing, 
and  morale  problems.  The  Rwanda  Tribunal  made  history  in  1997 
when  it  filed  its  first  indictment  for  rape  and  sexual  abuse.  These 
Tribunals  are  unique  in  trying  to  bring  justice  to  ongoing  conflicts 
as  a  way  of  seeking  to  end  them,  something  that  no  otner  inter- 
national institution  of  justice  has  ever  attempted.  Although  their 
work  is  far  from  complete,  the  Tribunals  helped  pave  the  way  for 
progress  in  1997  toward  a  permanent  International  Criminal  Court 
(ICC).  President  Clinton  has  called  for  the  Court  to  be  established 
before  the  century  ends.  A  treaty  establishing  the  ICC  is  expected 
to  be  drafted  in  Rome  in  the  summer  of  1998.  The  ICC  would  have 
its  own  judges,  prosecutors,  and  investigators  to  try  individuals  for 
genocide,  war  crimes,  or  crimes  against  humanity,  including  crimes 
of  sexual  violence  against  women,  if  national  courts  failed  to  do  so. 

IV.  Religion 

Freedom  of  religion  is  a  universal  human  right  that  demands 
international  attention.  Religious  persecution  not  only  is  an  intoler- 
able invasion  of  an  individual's  basic  human  rights,  but  it  can  lead 
to  grave  consequences  for  political  and  economic  stability.  If  people 
lack  the  freedom  to  practice  their  faith,  it  is  likely  that  other 
human  rights  will  be  restricted  and  that  intolerance  and  violence 
will  be  more  prevalent.  Lack  of  these  rights  also  impedes  efforts  to 
establish  societies  that  promote  liberty  and  justice. 

In  Sudan  a  bloody  civil  war  fueled  by  religious  intolerance 
against  Animists,  Christians,  and  some  Muslims  continued 
unabated.   Iran's  religious  minorities  continue  to  experience  dis- 


XXll 


crimination  and  persecution,  particularly  Evangelical  Christians 
and  Baha'is.  Burma's  persecution  of  the  Rohingya  Muslim  minority 
resulted  in  refugees  fleeing  to  Bangladesh. 

In  China  nonapproved  religious  groups,  including  Protestant  and 
Catholic  groups,  experienced  varying  degrees  of  official  interference 
and  repression  as  the  Government  continued  to  enforce  its  1994 
regulations  requiring  all  religious  organizations  to  register  with  the 
Government  and  come  under  the  supervision  of  official  "patriotic" 
religious  organizations.  There  was  evidence  that  the  authorities, 
guided  by  national  policy,  in  some  areas  made  strong  efforts  to  con- 
trol the  activities  of  unapproved  Catholic  and  Protestant  churches. 
In  some  cases,  authorities  have  used  detention,  arrest,  and  reform- 
through-education  sentences  to  enforce  regulations.  Despite  this 
pressure,  the  number  of  religious  adherents  in  many  churches, 
both  registered  and  unregistered,  continued  to  grow  at  a  rapid 
pace.  Citizens  worshipping  in  officially  sanctioned  churches 
mosques,  and  temples  reported  little  or  no  day-to-day  interference 
by  the  government.  In  Xinjiang  and  Tibet,  tight  controls  on  religion 
continued  and,  in  some  cases,  intensified. 

Evidence  of  fear  and  suspicion  of  minority  religions  grew  in  Eu- 
rope, in  both  former  Communist  countries  and  those  with  long  tra- 
ditions of  democracy  and  tolerance.  Motivated  in  part  by  fear  of 
deadly  movements  such  as  Solar  Temple  and  Aum  Shinri-kyo, 
some  European  countries  have  sought  to  restrict  freedoms  for  a  dis- 
parate group  of  minority  faiths,  lumping  them  all  together  as 
cults,"  and  have  begun  to  compile  lists  of '  cults"  for  closer  observa- 
tion. 

This  trend  also  has  been  particularly  strong  in  countries  where 
the  Orthodox  Church  has  lobbied  the  government  to  restrict  minor- 
ity religions.  In  Russia  President  Yeltsin  signed  a  law  that  imposes 
severe  restrictions  on  minority  religions,  including  some  offshoot 
Orthodox  groups.  Some  of  these  religious  communities  may  be 
forced  to  wait  up  to  15  years  before  attaining  full  legal  status, 
which  is  a  requirement  for  owning  property,  publishing  literature, 
inviting  foreign  guests,  operating  schools,  and  conducting  chari- 
table activities.  The  law  also  imposes  onerous  religious  restrictions 
on  noncitizens  and  erects  barriers  against  foreign  missionaries.  The 
impact  of  the  new  law  on  religious  freedom  will  be  measured,  in 
part,  by  the  implementing  regulations,  which  are  expected  to  be 
completed  in  early  1998.  Already,  however,  some  local  officials  have 
seized  on  the  passage  of  the  law  to  pressure  unpopular  religions  in 
their  districts.  Bulgaria  and  Romania  also  have  religion  laws. 
While  Bulgaria  has  implemented  its  law  in  a  manner  that  has  re- 
sulted in  violations  of  religious  freedom,  Romania  has  done  so  in 
a  manner  more  consistent  with  international  norms  of  religious 
freedom.  A  similar  law  before  the  Austrian  parliament  would  be 
more  restrictive  than  the  Russian  law. 

V.  Women 

Celebrations  of  the  Universal  Declaration's  50th  Anniversary  at 
the  close  of  1997  proclaimed  the  human  rights  progress  of  women 
worldwide  while  calling  attention  to  the  many  obstacles  that  re- 
main to  be  overcome.  In  1997  women  took  action  to  increase  and 
protect  their  human  rights.  The  momentum  of  the  U.N.  Fourth 


XXlll 


World  Conference  on  Women  in  Beijing  in  1995  continued  to  en- 
courage governments  to  fulfill  their  commitments  to  take  progres- 
sive actions  to  secure  rights  for  women.  The  Conference's  call  to  ac- 
tion motivated  governments  and  NGOs  to  increase  programs  and 
activities  focused  on  women's  human  rights. 

Women's  NGO's  around  the  world  led  the  way  in  1997  by  taking 
issues  to  their  governments  and  to  international  organizations.  Due 
to  their  strong  advocacy,  governments  and  international  organiza- 
tions, such  as  the  U.N.,  have  become  more  responsive.  NCX)  s,  gov- 
ernments and  international  organizations  formed  partnerships  to 
explore  women's  issues  and  bring  about  change.  For  example,  fe- 
male democracy  builders  met  in  Vienna  for  strategic  planning  in 
areas  of  law,  leadership,  politics,  and  business,  while  workshops  in 
South  Asia  examined  the  magnitude  of  the  problem  of  trafficking 
in  women  and  girls.  Female  political  leaders  in  Central  Asia  gath- 
ered in  Kazakhstan  to  coordinate  approaches  to  increase  women's 
political  participation  in  that  region.  The  First  Lady  gave  the  key- 
note address  at  that  conference. 

This  year  more  countries  joined  the  ranks  of  those  placing  wom- 
en's human  rights  on  their  national  agendas.  The  Dominican  Re- 
public passed  a  new  penal  code  that  specifically  prohibits  domestic 
violence.  The  Egyptian  Supreme  Court  upheld  a  ban  on  female  gen- 
ital mutilation,  and  New  Zealand  voters  elected  their  first  female 
prime  minister.  Bulgaria  raised  the  penalty  for  trafficking  in 
women  and  girls  and  created  an  interagency  body  to  address  the 
issue.  Namibian  parliamentarians  spoke  out  forcefully  in  protest  of 
violence  against  women,  and  Mauritania,  which  continued  to  main- 
tain many  barriers  against  the  advancement  of  former  female 
slaves,  developed  limited  programs  to  further  the  education  of  girls. 

Despite  this  increased  willingness  to  address  women's  human 
rights  violations,  women  around  the  world  continued  to  encounter 
barriers  of  political,  economic,  and  social  discrimination,  often  codi- 
fied in  the  law.  For  example,  in  Bangladesh  women  still  are  victims 
of  dowry-related  killings.  Women  in  Tanzania  still  may  be  pun- 
ished for  not  bearing  children,  and  women  in  Guinea-Bissau  have 
limited  access  to  education.  Although  Kuwait,  Oman,  and  Yemen 
have  taken  important  steps  toward  democratic  reform,  Kuwaiti 
women  do  not  have  the  right  to  vote,  and  women  in  Oman  and 
Yemen,  as  in  Saudi  Arabia,  must  obtain  permission  from  a  male 
relative  before  applying  for  a  visa  or  leaving  the  country.  Married 
women  in  the  United  Arab  Emirates  cannot  obtain  employment 
without  their  husband's  written  consent.  In  Turkey  loopholes  in  the 
legal  system  remain,  which  result  in  lesser  sentences  in  cases  of 
rape  if  the  woman  was  not  a  virgin  prior  to  the  rape  or  the  judge 
deems  the  woman  to  have  acted  provocatively. 

Women  around  the  world  continue  to  face  enormous  obstacles 
that  prevent  their  participation  in  political  and  economic  life.  In 
large  part  due  to  governments'  laws  and  practices,  women  are  dis- 
proportionately poor,  denied  the  right  to  privacy,  discriminated 
against  in  employment  opportunities  outside  the  home,  and  forced 
into  sexual  slavery.  Throughout  1997  many  laws  designed  to  pro- 
tect the  human  rights  of  women  remained  unenforced.  Continuing 
legal  obstacles  remain  to  women's  fair  and  open  ownership  of  land 
and  inheritance  rights. 


XXIV 

Algerian  women  suffered  extreme  oppression  and  atrocities  by 
militant  groups  this  year,  including  rape,  forced  prostitution,  "tem- 
porary marriages,"  and  beatings  and  beheading  for  failure  to  wear 
head  coverings. 

The  blatant  abuse  of  women  continued  in  Afghanistan.  Women 
were  beaten  for  violating  increasingly  restrictive  Taliban  dress 
codes,  which  require  women  to  be  covered  from  head  to  toe.  Women 
were  strictly  prohibited  from  working  outside  the  home,  and 
women  and  girls  were  denied  the  right  to  an  education.  Women 
were  forbidden  from  appearing  outside  the  home  unless  accom- 
panied by  a  male  family  member.  Beatings  and  death  resulted  for 
failure  to  observe  these  restrictions. 

Violence  against  women,  both  inside  and  outside  the  home,  re- 
mains a  widespread  and  entrenched  violation  of  women's  human 
rights  around  the  world.  Domestic  violence  continues  to  be  a  prob- 
lem in  virtually  every  country.  The  continued  violent  and  harmful 
practice  of  female  genital  mutilation  violates  women's  human 
rights  with  devastating  physical  health  and  psychological  con- 
sequences. Increasing  numbers  of  women  and  girls  are  trafficked 
and  exploited  for  the  purpose  of  prostitution,  domestic  servitude 
and  forced  labor.  Women's  voices  often  remain  silenced.  In  short, 
despite  the  strides  taken  by  women,  governments,  and  inter- 
national organizations  in  1997,  there  is  much  work  to  be  done  to 
assure  that  women's  human  rights  are  respected  throughout  the 
world. 

VI.  Worker  Rights 

An  international  consensus  exists,  based  on  several  key  Inter- 
national Labor  Organization  (ILO)  Conventions,  that  certain  work- 
er rights  constitute  core  labor  standards.  These  include  freedom  of 
association — which  is  the  foundation  on  which  workers  can  form 
trade  unions  and  defend  their  interests;  the  right  to  organize  and 
bargain  collectively;  freedom  from  gender  and  other  discrimination 
in  employment;  and  freedom  from  forced  and  child  labor. 

Notwithstanding  this  consensus,  free  trade  unions  continued  in 
1997  to  face  harassment  and  repression  in  many  countries.  The 
ILO's  annual  review  of  worker  rights  complaints  led  it  to  adopt 
"special  paragraphs"  condemning  violations  by  Burma,  Iran,  Mo- 
rocco, Nigeria,  Sudan,  and  Swaziland.  The  ILO  also  expressed 
grave  concern  about  worker  rights  violations  in  a  number  of  other 
countries,  including  Belarus,  Colombia,  and  Indonesia.  These  unac- 
ceptable practices  have  taken  place  as  the  international  community 
prepares  to  strengthen  universal  recognition  of  worker  rights,  witn 
the  anticipated  adoption  in  1998  of  an  ILO  Declaration  on  Core 
Labor  Standards.  Much  will  depend  on  the  mechanisms  that  ILO 
member  nations  devise  to  monitor  and  improve  their  progress  to- 
ward compliance  with  these  standards. 

In  Mexico  blatant  discrimination  against  women  took  the  form  of 
mandatory  pregnancy  testing  during  preemployment  physicals  and 
the  exposure  of  pregnant  women  to  hazardous  conditions  to  make 
them  quit. 

The  ILO  also  expects  to  consider  a  new  Convention  in  1998  to 
eliminate  the  most  intolerable  forms  of  child  labor.  As  the  1997 
Country  Reports  make  clear,  the  exploitation  and  abuse  of  society's 


XXV 

youngest  and  most  vulnerable  members  continues  all  too  frequently 
around  the  globe.  Public  outrage  over  the  use  of  unpaid  or  cheaply 
paid  children  to  produce  goods  for  export  prompted  a  reaction  by 
consumers  in  several  developed  countries,  including  boycotts  and 
selective  buying  campaigns.  In  the  United  States,  public  reaction 
contributed  to  congressional  enactment  of  the  "Sanders  Amend- 
ment," emphasizing  an  intent  to  bar  goods  made  by  forced  or  in- 
dentured child  labor  from  entering  the  U.S.  market.  To  accelerate 
international  efforts  to  end  child  labor  and  move  children  out  of 
harmful  work  situations  and  into  education,  a  growing  list  of  coun- 
tries contributed  to  the  ILO's  International  Program  on  the  Elimi- 
nation of  Child  Labor. 

Dramatic  financial  and  exchange  rate  developments  in  the  sec- 
ond half  of  1997  battered  the  economies  of  several  East  Asian  na- 
tions where  restrictions  on  freedom  of  association  exist.  These  de- 
velopments highlighted  the  problem  of  limitations  on  democratic 
activity  that  can  preclude  the  development  of  institutional  checks 
on  botn  governmental  and  private  economic  decisionmaking,  aggra- 
vating the  consequences  of  error. 

VII.  Conclusion 

Over  the  past  half-century  the  30  articles  of  the  Universal  Dec- 
laration of  Human  Rights  have  formed  a  constellation  of  principles 
to  which  all  people  can  aspire.  They  have  entered  the  consciousness 
of  people  around  the  world.  They  are  increasingly  invoked  in  con- 
stitutions and  courts.  They  set  a  standard  by  which  to  measure 
fundamental  rights. 

The  protection  and  advancement  of  the  Declaration's  principles 
are  in  the  interest  of  all  humanity,  of  nations  as  well  as  of  individ- 
uals. 

Men  and  women  from  Cambodia  to  Romania,  South  Africa  to 
Russia,  and  Haiti  to  India,  have  shown  that,  regardless  of  the  eco- 
nomic condition  of  a  nation  or  its  historical  or  cultural  legacy,  basic 
freedoms  are  a  universal  aspiration.  They  are  not,  contrary  to  what 
critics  of  the  Declaration  say,  a  Western  luxury  or  a  form  of  cul- 
tural imperialism.  As  First  Lady  Hillary  Rodham  Clinton  put  it  in 
her  address  to  the  United  Nations  Greneral  Assembly  on  Human 
Rights  Day,  1997: 

"The  beliefs  inscribed  in  the  Universal  Declaration  of  Human 
Rights  were  not  invented  50  years  ago.  They  are  not  the  work  of 
a  single  culture  or  country.  They  have  been  with  us  forever,  from 
civilization's  first  light.  .  .  .  The  belief  that  we  must  respect  our 
neighbors  as  we  would  respect  ourselves  resides  at  the  core  of  the 
teachings  of  all  the  major  faiths  of  the  world,  .  .  .  If  I  were  to  tear 
up  this  Declaration,  its  values  would  abide." 

John  Shattuck, 
Assistant  Secretary  of  State  for 
Democracy,  Human  Rights  and  Labor. 


AFRICA 


ANGOLA 

The  Republic  of  Angola  continued  its  ongoing  transition  from  a  single  party  state 
to  a  multiparty  democracy.  The  Popular  Movement  for  the  Liberation  of  Angola 
(MPLA)  has  ruled  Angola  since  its  independence  from  Portugal  in  1975.  The  Con- 
stitution was  revised  in  1991  to  provide  for  elections  and  for  the  protection  of  basic 
human  rights,  but  the  Government  generally  does  not  respect  its  provisions  in  prac- 
tice. In  1992  President  Jose  Eduardo  dos  Santos  received  a  plurality  of  votes  in  An- 
fola's  first  elections,  which  United  Nations  observers  declared  to  be  free  and  fair, 
'he  second  round  of  the  election  was  not  held  due  to  the  repudiation  of  the  first 
round  results  by  the  National  Union  for  the  Total  Independence  of  Angola  (UNITA) 
and  the  subsequent  return  to  civil  war.  In  1994  the  Government  and  UNITA  signed 
the  Lusaka  Protocol  in  an  effort  to  formally  end  20  years  of  civil  war.  In  April 
UNTTA  joined  with  the  MPLA  and  10  smaller  opposition  parties  to  form  a  Govern- 
ment of  Unity  and  National  Reconciliation  (GURN).  As  specified  in  the  Lusaka  Pro- 
tocol, UNITA  finally  filled  in  April  the  70  National  Assembly  seats  won  in  1992.  The 
judiciary,  where  it  mnctions,  is  not  independent  of  the  President  and  the  MPLA. 

The  Government  and  UNITA  continued  to  implement  the  Lusaka  Protocol's  provi- 
sions for  a  cease-fire,  including  the  disarming  and  quartering  of  70,000  UNITA 
troops,  the  integration  of  some  UNITA  soldiers  into  the  Angolan  armed  forces,  and 
the  demobilization  of  remaining  combatants.  This  process  is  taking  place  under  the 
auspices  of  the  U.N.  Observer  Mission  in  Angola  (MONUA — the  follow-on  force  to 
the  U.N.  Angola  Verification  Mission  (UNAVEM  III).  Three  observer  countries  (Por- 
tugal, Russia,  and  the  United  States)  are  also  monitoring  the  implementation  of  the 
Lusaka  Protocol.  In  July  the  newly  integrated  Angolan  Armed  Forces  (FAA)  were 
officially  inaugurated.  Some  10,000  of  the  FAA's  90,000  troops  are  former  UNITA 
soldiers. 

The  Ministry  of  the  Interior  is  responsible  for  internal  security.  It  exercises  this 
function  through  the  National  Police.  The  Paramilitary  Rapid  Intervention  Police, 
(PIR),  created  in  1992  as  an  elite  paramilitary  force,  was  restricted  to  barracks  as 
part  of  the  1994  Lusaka  Protocol;  that  quartering  ended  in  October.  The  armed 
forces  are  responsible  for  external  security.  Prior  to  implementation  of  the  Lusaka 
Protocol-mandated  cease-fire,  they  were  primarily  engaged  in  fighting  the  civil  war 
against  UNITA.  While  civilian  authorities  generally  maintain  enective  control  of  the 
security  forces,  there  were  frequent  instances  in  which  the  security  forces  acted 
independently  of  government  authority.  Members  of  the  security  forces  committed 
numerous,  serious  human  rights  abuses,  especially  in  areas  to  which  the  Gk)vern- 
ment  recently  extended  its  administration. 

Angola's  developing  economy  is  in  transition  from  a  centrally-directed  to  a  mar- 
ket-based model.  There  are  extensive  natural  resource  reserves  and  rich  agricultural 
lands  which  have  not  yet  been  exploited.  Principal  exports  are  petroleum  and  dia- 
monds, which  together  with  foreign  aid,  are  the  country's  leading  sources  of  foreign 
exchange.  Oil  revenues  for  1997  exceeded  $4  billion,  and  diamond  revenues  were  es- 
timated at  $850  million.  Subsistence  agriculture,  the  traditional  livelihood  for  the 
majority  of  the  country's  approximately  12  million  citizens,  was  constrained  severely 
by  the  extensive  use  of  land  mines  in  23  years  of  civil  conflict,  as  well  as  by  govern- 
ment and  UNITA  restrictions  on  freedom  of  movement.  In  1997  approximately  1.2 
million  internally  displaced  persons  (IDPs)  still  relied  on  emergency  food  aid  sup- 
plied by  the  international  donor  community.  About  1  million  Angolan  IDPs  had  re- 
turned to  their  homes  by  late  1997.  Areas  under  government  control  suffered  from 
hyperinflation,  scarcity  of  consumer  goods,  massive  unemployment  and  under- 
employment, crumbling  infrastructure,  and  continuing  pervasive  corruption.  While 
the  Government  took  some  measures  to  increase  the  availability  and  control  the 
prices  of  consumer  staples,  these  unsustainable  initiatives  did  not  remedy  the  root 
causes  of  economic  instability.  Areas  controlled  by  UNITA  experienced  scarcities  of 

(1) 


consumer  goods  along  with  massive  unemployment  and  underemployment.  Annual 
per  capita  gross  national  product  is  approximately  $450,  but  the  overwhelming  por- 
tion of  the  country's  wealth  remains  concentrated  in  the  hands  of  a  small  elite.  The 
average  monthly  salary  of  wage  earners  (a  small  minority  of  the  labor  force)  was 
approximately  $10  in  rural  areas  and  $50  to  $160  in  Luanda,  a  level  that  falls  well 
short  of  providing  a  decent  standard  of  living. 

Although  there  was  some  improvement,  the  Government's  human  rights  record 
continued  to  be  poor,  and  it  continued  to  commit  numerous  serious  abuses.  Members 
of  the  security  forces  committed  extrajudicial  killings,  arbitrarily  and  secretly  ar- 
rested and  detained  persons,  and  often  tortured  and  beat  detainees.  The  Govern- 
ment did  not  take  effective  action  to  punish  abusers.  The  Government  continued  to 
inhibit  independent  investigations  of  human  rights  abuses.  Government  leaders 
cited  the  20-year  civil  war  as  a  justification  for  allowing  emergency  considerations 
to  override  concerns  about  human  rights  abuses.  Prison  conditions  were  life  threat- 
ening. Arbitrary  arrest  and  detention  are  problems.  The  judiciary  does  not  ensure 
due  process  and  only  functions  in  parts  of  the  country.  The  Government  infringed 
on  citizens'  privacy  rights.  The  Government  restricted  freedom  of  expression,  the 
press,  assembly,  and  association.  While  some  improvements  were  made,  citizens' 
freedom  of  movement  continues  to  be  restricted.  The  judiciary,  where  it  functions, 
is  not  independent  from  the  FVesident  and  the  MPLA.  Although  Angola  is  nominally 
a  multiparty  democracy,  citizens  have  no  effective  means  to  change  their  govern- 
ment. Parliamentary  elections  due  to  be  held  in  1996  were  postponed  for  between 
2  and  4  years  under  the  terms  of  the  Lusaka  Protocol;  presidential  elections  are  not 
to  be  held  until  the  United  Nations  determines  that  appropriate  conditions  exist. 
Discrimination  and  violence  against  women  were  widespread.  Children  and  the  dis- 
abled continued  to  suffer  as  a  result  of  the  civil  war  and  poor  economic  conditions. 
The  Government  continued  to  dominate  the  labor  movement,  and  there  was  no  im- 
provement in  the  poor  worker  rights  situation. 

The  human  ri^ts  situation  in  territories  controlled  by  UNITA  was  poor,  with  nu- 
merous extrajudicial  killings,  disappearances,  incidents  of  torture,  arbitrary  arrests 
and  detentions,  denial  of  fair  public  trial,  forced  conscription,  and  attacks  on  civilian 
populations.  UNITA  tightly  restricted  freedom  of  speech,  the  press,  assembly,  asso- 
ciation, and  movement.  UNITA  did  not  cooperate  with  independent  investigations 
of  human  rights  abuses  by  United  Nations  human  rights  monitors,  the  only  such 
monitors  in  the  country. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Politically  and  economically  moti- 
vated violence  by  state  security  forces  and  conmion  criminal  violence  were  often  in- 
distinguishable. A  large  number  of  violent  crimes  including  robbery,  vehicle  hijack- 
ings, assault,  kidnaping,  rape,  and  murder  were  committed  by  members  of  the  mili- 
tary and  police  forces  both  in  and  out  of  uniform.  For  example,  the  Government's 
so-called  antibanditry  campaign  late  in  the  year  in  the  provinces  of  Benguela,  Huila, 
and  Huambo  had  to  be  abandoned  when  even  the  Government  acknowledged  that 
its  own  security  forces  were  out  of  control.  Although  most  criminal  activity  was  com- 
mitted by  poorly  and  irregularly  paid  rogue  elements  of  the  security  forces,  there 
were  credible  reports  that  some  of  these  attacks  were  carried  out  under  orders  from 
the  Government.  The  Government  did  not  take  any  effective  action  to  punish  abus- 
ers, especially  in  areas  to  which  government  authority  had  recently  been  extended. 

Frequent  gun  battles  between  members  of  the  military  and  police,  and  fighting 
among  soldiers,  police,  and  bandits  in  streets,  suburbs,  and  open  air  markets  of 
major  urban  centers  resulted  in  numerous  civilian  casualties. 

Many  prisoners  died  as  a  result  of  inadequate  food,  poor  sanitary  conditions,  and 
lack  of  medical  treatment  (see  Section  I.e.). 

The  1995  killing  of  independent  journalist  Ricardo  de  Mello  remains  unsolved,  as 
do  the  October  1995  murder  of  state-owned-television  journalist  Antonio  Casmiro  in 
Cabinda  (see  Section  2.a.)  and  the  1994  killing  of  the  Vice-Govemor  of  Malange 
Province.  The  results  of  the  investigation  into  the  November  1993  death  of  opposi- 
tion politician  Carlos  Simea  were  never  released.  It  is  widely  believed  that  these 
persons  were  killed  for  political  reasons. 

Civilians  reportedly  were  killed  in  the  cross-fire  between  the  Angolan  National 
Army  and  the  armed  factions  of  the  Cabinda  Enclave  Liberation  Front  (FLEC). 
Fighting  is  concentrated  in  the  northern  areas  of  Tandu-Zinze,  Kuku-Zau,  and 
Belize. 


UNITA  forces  also  continued  to  kill  civilians  (see  Section  l.g.).  It  has  been 
credibly  alleged  that  dozens  of  prisoners  died  in  UNITA  custody  (see  Sections  I.e. 
and  l.d.). 

There  was  no  investigation  of  the  mass  grave  site  found  in  June  1996  in  Soyo, 
Zaire  Province.  The  Joint  Commission  determined  that  the  killings  took  place  prior 
to  the  signing  of  the  Lusaka  Protocol  in  November  1994  and  that  UNAVEM,  and 
later  MONUA,  did  not  have  the  mandate  to  investigate. 

Two  mass  grave  sites  were  discovered  in  Huambo  Province  in  November,  but 
MONUA  has  yet  to  determine  the  circumstances  and  timing  of  the  deaths.  The  Joint 
Commission  issued  a  declaration  that  these  sites  should  not  be  disturbed  until  the 
situation  on  the  ground  allows  for  a  proper  forensic  investigation. 

b.  Disappearance. — The  Government  and  UNITA  continued  to  accuse  each  other 
of  abductions  and  disappearances  of  civilians  including  traditional  leaders  (Sobas) 
and  party  activists.  MONUA  investigates  all  alleged  cease-fire  violations  and  human 
rights  abuses  that  are  reported  to  it  by  the  (jovemment,  UNITA,  and  private  indi- 
viduals. It  divides  allegations  into  confirmed  and  unconfirmed  and  pending,  and  it 
assigns  responsibility  of  confirmed  incidents  to  the  Government,  UNITA,  or  bandits. 
WhOe  the  cases  reported  to  MONUA  represent  only  part  of  the  offenses  that  oc- 
curred in  1997,  a  pattern  of  government  and  UNITA  disregard  for  the  human  rights 
of  civilian  populations  can  be  discerned.  For  example,  MONUA  confirmed  100  cease- 
fire violations  by  the  (Government  and  UNITA  (plus  36  acts  of  banditry)  in  the  last 
quarter  of  the  year,  of  which  41  were  serious  human  rights  incidents  committed  by 
either  the  Government  or  UNITA.  A  total  of  18  incidents  involved  attacks  on  com- 
munities, another  16  involved  the  detention,  harassment,  or  disappearance  of  civil- 
ians, and  7  involved  the  theft  of  property. 

There  were  no  developments  m  the  August  1994  disappearances  of  two  individ- 
uals associated  with  Africare,  Vincent  Douma  and  Oliveira  Lemba.  The  Inter- 
national Committee  of  the  Red  Cross  (ICRC)  and  the  human  rights  division  of 
MONUA,  as  well  as  civilian  police,  continued  searching  for  them  throughout  the 
year. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
There  were  credible  firsthand  reports  that  the  police  committed  torture.  In  many 
cases  the  police  beat  and  then  release  detainees  rather  than  make  an  effort  to  pre- 
pare a  formal  court  case.  Security  forces  also  committed  rapes. 

UNITA  forces  continued  to  attack  the  civilian  population  and  also  committed 
rapes. 

Prison  conditions  constituted  a  serious  threat  to  the  health  and  life  of  prisoners. 
The  Government  and  the  National  Assembly  Committee  on  Human  Rig'hts  have  ac- 
knowledged that  conditions  are  inhuman.  Cells  are  overcrowded  and  lack  basic  sani- 
tary facilities.  Many  prisons,  lacking  financial  support  from  the  (jovemment,  were 
unable  to  supply  prisoners  with  adequate  food  and  health  care.  There  were  credible 
reports  that  many  prisoners  died  of  malnutrition  and  disease. 

Prison  officials  routinely  beat  detainees.  Prisoners  depended  on  families,  friends, 
and  international  relief  organizations  for  basic  support.  On  August  4,  Vice  Minister 
of  the  Interior  Jeronimo  Marcolino  visited  Bentiaba  prison  in  Namibe  Province  and 
acknowledged  that  the  conditions  were  harsh  and  life  threatening.  Tribunals  are  not 
functioning,  and  there  are  persons  who  have  been  in  preventive  detention  for  longer 
than  the  135-day  period  allowed  by  law  and  who  have  not  yet  been  put  on  trial. 

Ten  UNITA  members  died  in  the  custody  of  the  National  Police  in  Malange  in 
November.  A  government  report  on  the  incident  claimed  that  9  had  died  as  a  result 
of  fighting  among  a  group  of  over  50  prisoners,  and  1  had  committed  suicide.  The 
Government  report  absolved  the  National  Police  of  any  responsibility.  However,  the 
prisoners  were  held  for  over  24  hours  in  inhuman  conditions,  and  international  and 
other  observers  believed  that  they  died  of  asphyxiation.  The  Government  refused  to 
perform  autopsies  and  declined  to  return  the  bodies  to  the  families  of  the  deceased. 
The  Government  also  refused  to  allow  the  exhumation  of  the  bodies. 

The  (jovemment  permitted  prison  visits  by  MONUA  human  rights  monitors. 

It  has  been  credibly  alleged  that  dozens  of  prisoners  died  in  UNITA  custody  (see 
Section  l.d.) 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Arbitrary  arrest  and  detention  are  prob- 
lems. Under  the  law  a  person  caught  in  the  act  of  committing  a  crime  may  be  ar- 
rested and  detained  immediately.  Otherwise,  the  law  requires  that  an  arrest  war- 
rant be  signed  by  a  judge  or  a  provincial  magistrate.  Arrest  warrants  may  also  be 
signed  by  members  of  tne  judicial  police  ana  confirmed  within  5  days  by  a  mag- 
istrate. The  Constitution  provides  for  the  right  to  a  prompt  judicial  determination 
of  the  legality  of  the  detention.  Under  the  law,  the  prosecution  and  defense  have 
90  days  before  trial  to  prepare  a  case,  although  this  deadline  may  be  extended  by 
attorneys  general  but  only  under  extenuating  circumstances.  The  Constitution  also 


provides  prisoners  with  the  right  to  receive  visits  by  family  members.  However,  a 
scarcity  of  resources  and  the  lack  of  qualified  and  motivated  personnel  in  the  judi- 
cial system,  limited  the  exercise  of  these  rights. 

Although  in  1993  the  Council  of  Ministers  decided  to  transfer  control  of  the  judi- 
cial process  and  prison  system  from  the  Interior  Ministry  to  the  Justice  Ministry, 
the  oecision  had  not  been  implemented  as  of  year's  end.  Interior  Ministry  personnel 
continued  to  systematically,  arbitrarily,  and  secretly  arrest  and  detain  persons  for 
all  categories  of  crime  for  indefinite  periods  of  time,  often  without  any  apparent  in- 
tent of  bringing  the  detainees  to  trial. 

Throughout  1996,  UNAVEM  III  human  rights  monitors  visited  12  prisons  and 
found  that  more  than  half  of  all  inmates  were  awaiting  trial.  This  figure  was  as 
high  as  90  percent  in  Luanda.  Under  Angolan  law,  a  prisoner  may  not  be  legally 
held  for  longer  than  135  davs  without  trial.  In  reality  most  prisoners  awaiting  trial 
have  been  incarcerated  for  longer  than  135  days.  In  many  cases  the  police  beat  and 
then  release  detainees  rather  than  make  an  effort  to  prepare  a  formal  court  case. 

According  to  the  Government  there  are  no  political  prisoners  in  government  cus- 
tody. However,  the  security  services  routinely  are  used  to  serve  the  interests  of  the 
ruling  MPLA,  including  detention  and  harassment  of  oppositionists. 

UNlTA  continues  to  detain  persons  against  their  will.  The  number  of  such  per- 
sons is  unknown,  though  a  number  of  confirmed  cases  exist:  Eugenio  Manuvakola 
(former  UNITA  Secretary  General  and  signer  of  the  Lusaka  Protocol),  Germana 
Malaquias,  Linda  Arthur  Chipuku,  Shita  Nkongo  Artur  Danda,  Carlos  Emerson 
Artur  Danda,  and  Telma  Nunda.  Manuvakola  was  kept  under  house  arrest  for  3 
years,  escaping  to  Luanda  in  August,  where  he  recounted  the  harsh  conditions  of 
his  illegal  detention  and  torture,  and  gave  credible  reports  of  substantial  numbers 
of  people  under  UNITA  house  arrest. 

The  Lus^a  Protocol  provides  for  the  release,  under  ICRC  auspices,  of  persons  de- 
tained for  war-related  reasons.  As  of  September  10,  1996,  the  ICRC  reported  that 
535  prisoners  reported  by  the  Government  (369)  and  by  UNITA  (166)  had  been  re- 
leased. However,  the  ICRC  has  reclassified  78  prisoners  originally  reported  to  the 
ICRC  by  UNITA  as  "disappeared"  because  UNITA  claimed  that  they  were  no  longer 
in  its  possession.  It  was  credibly  alleged  that  most  or  all  of  these  individuals  died 
in  UNITA  custody.  In  October  1996,  the  ICRC  arranged  the  release  of  205  political 
detainees  in  government  and  UNITA  custody.  There  have  been  no  cases  filed  with 
ICRC  since. 

The  Government  did  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — ^The  Constitution  provides  for  an  independent  judi- 
ciary, but  in  practice  the  court  system  lacked  the  means,  experience,  and  training 
to  be  truly  independent  from  the  influence  of  the  President  and  the  ruling  MPLA. 
The  President  has  strong  appointive  powers,  including  appointment  of  Supreme 
Court  justices,  with  no  requirement  for  confirmation  by  the  National  Assembly.  The 
judicial  system  was  largely  destroyed  during  the  civil  war  and  during  1997  did  not 
function  in  large  areas  of  the  country. 

The  court  system  comprises  the  Supreme  Court  at  the  appellate  level,  and  munici- 
pal and  provincial  courts  of  original  jurisdiction  under  the  authority  of  the  Supreme 
Court.  As  of  the  end  of  the  year,  9  of  the  12  seats  on  the  Supreme  Court  haa  been 
filled.  The  Court  serves  as  an  appellate  tribunal  for  questions  of  law  and  fact,  but 
it  does  not  have  authority  to  interpret  the  Constitution.  The  Constitution  reserves 
this  role  for  a  constitutional  court,  an  entity  that  had  not  yet  been  set  up  as  of 
year's  end.  The  Constitution  provides  for  the  creation  of  an  office  of  the  'Provider 
of  Justice,"  or  ombudsman,  designated  by  the  National  Assembly  for  a  4-year  term, 
to  defend  citizens'  rights  and  liberties.  Tnis  office  also  had  not  yet  been  constituted 
at  year's  end. 

Trials  for  political  and  security  crimes  are  handled  exclusively  by  the  Supreme 
Court.  There  were  no  known  political  or  security  trials. 

The  Constitution  provides  defendants  with  the  presumption  of  innocence,  the 
right  to  a  defense  and  legal  assistance,  and  the  right  of  appeal.  Amendments  to  the 
Code  for  Penal  Process  in  1991  provided  for  public  trials,  established  a  system  of 
bail,  and  recognized  the  accused's  right  to  counsel.  However,  the  Government  does 
not  respect  these  rights  in  practice.  Municipal  courts  deal  rapidly  with  routine  civil 
and  misdemeanor  cases  on  a  daily  basis.  Judges  are  normally  respected  laymen,  not 
licensed  lawyers.  The  judge  and  two  laymen  selected  by  the  full  court  act  as  jury. 
Routine  cases  are  usually  settled  by  a  court  within  3  months.  The  verdict  is  pro- 
nounced the  day  following  the  conclusion  of  the  trial  in  the  presence  of  the  defend- 
ant. More  than  half  of  all  prisoners  in  jail  are  awaiting  trial  (see  Section  I.e.). 

UNITA  has  established  a  military  and  a  civilian  court  system  in  territories  under 
its  control  and  claims  that  its  civil  code  is  equivalent  to  the  Portuguese  civil  code 
currently  used  by  the  Government.  UNITA  President  Jonas  Savimbi  appoints  judges 


personally,  and  UNITA  trials  are  not  open  to  the  public.  Juries  consist  of  male  el- 
aers  chosen  from  the  community.  The  accused  reportedly  has  the  right  to  a  lawyer. 
There  are  credible  reports  that  the  Government  holds  political  prisoners;  however, 
the  number  is  unknown.  There  are  numerous  confirmed  cases  of  UNITA-held  politi- 
cal prisoners.  It  is  unknown  if  persons  detained  by  UNITA  have  been  convicted  by 
some  judicial  procedure.  Even  if  they  were,  decisions  made  by  self-styled  UNITA 
courts  have  no  standing  under  the  legal  system  of  the  Republic  of  Angola  or  other 
protections  of  rule  of  law. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Government  maintained  a  sophisticated  security  apparatus  dedicated  to  surveil- 
lance, monitoring,  and  wiretapping  of  certain  groups,  including  journalists,  opposi- 
tion party  leaders,  members  and  suspected  sympathizers  of  UNITA,  National  As- 
sembly deputies,  and  foreign  diplomats.  Legal  requirements  for  search  warrants  are 
routinely  oisregarded. 

Both  the  Government  and  UNITA  continued  to  forcibly  conscript  civilians  for  mili- 
tary duty  (see  Section  l.g.).  There  were  credible  reports  that  military-aged  Rwandan 
refugees,  including  minor  children,  were  forcibly  conscripted  into  UNITA's  forces 
when  they  entered  areas  of  Angola  under  UNITA  control  in  July  and  August.  On 
July  6,  UNITA  forcibly  conscripted  200  youths  in  Cubal,  Benguela  Province,  part 
of  a  continuing  pattern. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— Land  mines  planted  during  the  civil  war  to  gain  military  advantage  and  to 
restrict  the  free  circulation  of  people  and  goods  continued  to  kill  and  maim  thou- 
sands of  people.  Many  major  roads  were  demined  and  reopened  as  a  consequence 
of  government  and  UNITA  commitments  to  allow  the  free  circulation  of  people  and 
goods  throurfiout  Angola.  However,  new  mines  were  planted  late  in  the  year  in  Bie, 
Uige,  and  Moxico  provinces.  In  October  a  group  of  deminers  were  attacked,  and  six 
people  killed  in  Chongoroi  in  Benguela  Province.  While  the  perpetrators  were  not 
identified,  the  deaths  followed  threats  by  local  UNITA  supporters  against  deminers 
in  a  nearby  area.  In  many  areas  local  authorities  and  military  commanders  of  both 
parties  continued  to  restrict  free  and  safe  passage  of  local  populations,  humani- 
tarian organizations  providing  relief  assistance,  and  United  Nations  observers.  Free- 
dom of  movement  was  particulariy  constricted  in  the  northeastern  provinces  of 
Lunda  Norte  and  Lunda  Sul.  UNITA  forced  demobilized  soldiers  to  go  to  areas  of 
its  choosing  rather  than  to  their  home  villages.  On  May  30,  Vice  Minister  of  Terri- 
torial Administration  N'Zau  Puna  and  UNITA  Joint  Commission  delegate  Isaias 
Samakuva  were  publicly  attacked  and  injured  in  Quibala  by  more  than  a  dozen  in- 
dividuals known  to  be  UNITA  supporters. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  expres- 
sion and  of  the  press,  and  specifically  provides  that  the  press  cannot  be  subject  to 
political,  ideological,  or  artistic  censorsnip.  However,  the  Government  does  not  al- 
ways respect  these  rights  in  practice.  Citizens,  including  Deputies  in  the  National 
Assembly,  expect  reprisals  for  public  criticism  of  the  Government  or  the  MPLA.  The 
formation  of  the  GURN  and  the  seating  of  70  UNITA  members  in  the  National  As- 
sembly opened  the  political  process  to  greater  debate.  The  Government  intimidates 
journalists,  sometimes  with  death  threats,  into  practicing  self-censorship. 

Ricardo  de  Mello,  editor  of  Imparcial  Fax,  was  killed  in  1995  following  the  publi- 
cation of  an  article  on  government  corruption,  which  named  Minister  of  the  Interior 
Santana  Andre  Pitra  Petroff  as  one  corrupt  official.  There  has  been  no  investigation 
of  this  killing  by  the  Government.  Angola's  open  involvement  in  the  October  fighting 
in  the  Republic  of  Congo  was  never  reported  in  the  ofTicial  media.  The  Government 
runs  and  tightly  controls  the  only  daily  newspaper,  the  only  television  station,  and 
the  major  radio  station.  It  tightly  restricts  opposition  leaders'  access  to  these  media. 
Five  commercial  radio  stations,  three  private  weeklies,  and  one  twice-weekly  news- 
paper all  practice  some  measure  of  self-censorship.  Low-circulation  newsletters  that 
openly  criticize  government  policy  and  highlight  growing  socioeconomic  problems 
have  thus  far  been  allowed  to  operate.  The  Government  allows  UNAVEMMONUA 
to  broadcast  a  series  of  "Roads  of  Peace"  television  and  radio  programs  each  week, 
although  it  continues  to  deny  UNAVEM/MONUA  the  right  to  establish  its  own  radio 
station. 

Media  policv  and  censorship  are  controlled  by  a  committee  composed  of  the  Min- 
ister of  Social  Communication;  the  press  spokesperson  for  the  presidency,  and  the 
directors  of  the  state-owned  radio,  television,  and  newspaper.  The  state-controlled 
national  radio  headquarters  in  Luanda  reviewed  programs  broadcast  on  national 
radio  stations  in  provincial  capitals. 


The  Government  generally  was  less  restrictive  with  foreign  news  agencies  such 
as  the  Voice  of  America,  the  British  Broadcasting  Corporation,  and  the  Cable  News 
Network,  although  it  continues  to  prohibit  direct  retransmission.  Foreign  journalists 
require  authorization  from  the  Minister  of  Interior  in  order  to  obtain  access  to  gov- 
ernment ofTicials  or  travel  within  Angola.  Both  the  Government  and  UNITA  invited 
journalists  to  planned  press  events  and  to  visit  areas  under  their  control. 

UNITA  runs  the  Voice  of  the  Resistance  of  the  Black  Cockerel  (VORGAN),  which 
often  broadcasts  hostile  propaganda  against  the  Government,  contrary  to  the  provi- 
sions of  the  Lusidia  Protocol.  For  example,  a  UNITA  broadcast  in  July  accused  the 
MPLA  of  declaring  war  against  the  people  of  Angola  and  urged  the  people  to  resist. 
However,  the  use  of  hostile  propaganda  declined  towards  year's  end.  Under  the  pro- 
tocol, UNITA  is  obliged  to  transform  Radio  VORGAN  into  a  nonpartisan  private 
commercial  station.  UNITA's  newspaper.  Terra  Angolana,  follows  a  strictly  pro- 
UNTTA  line  and  could  not  be  found  in  government-controlled  areas.  UNITA  pro- 
hibits the  press  from  freely  entering  UNlTA-controlled  territory. 

Academic  life  has  been  severely  circumscribed  by  the  civil  war,  but  there  is  aca- 
demic freedom,  and  academics  do  not  practice  self-censorship. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  rights  of  assembly,  association,  and  protest,  but  the  Government  does  not  re- 
spect these  rights  in  practice.  The  Government  strictly  controls  both  assembly  and 
association.  Legislation  allows  the  Government  to  deny  registration  to  private  asso- 
ciations on  security  grounds,  and  the  Government  arbitrarfly  limits  organized  activi- 
ties deemed  inimical  to  its  interests.  The  law  also  requires  a  minimum  of  3  days' 
prior  notice  to  authorities  before  public  or  private  assemblies  are  scheduled  to  be 
held,  and  it  makes  participants  liable  for  "offenses  against  the  honor  and  consider- 
ation due  to  persons  and  to  organs  of  sovereignty". 

In  May  1996,  Konrad  Leibsher,  a  Catholic  priest  working  with  Luanda's  poor,  was 
arrested  and  tried  for  "crimes  against  the  security  of  the  state"  for  displaying  plac- 
ards decrying  deteriorating  economic  conditions  in  Luanda.  The  Government  pros- 
ecutor argued  that  crowds  drawn  by  the  priest's  placards  violated  the  law  on  meet- 
ing and  demonstrations  that  requires  prior  government  approval  of  gatherings  that 
have  the  potential  to  endanger  public  order.  The  defense  argument  that  freedom  of 
speech  protections  are  enshrined  in  the  Constitution  prevailed. 

Legislation  allows  the  Government  to  deny  registration  to  private  associations  on 
security  grounds,  and  the  Government  arbitrarily  limits  organized  activities  deemed 
inimical  to  its  interests. 

The  Constitution  provides  for  the  right  of  association,  but  the  Government  does 
not  respect  this  right  in  practice.  The  Government  strictly  controls  freedom  of  asso- 
ciation. 

UNITA  did  not  allow  free  assembly  and  association  in  areas  under  its  control. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  includ- 
ing the  separation  of  church  and  state,  and  the  Government  respects  this  right  in 
practice. 

During  the  May  1996  trial  of  Catholic  priest  Konrad  Leibsher  (see  Section  2.b.), 
the  government-controlled  newspaper  published  a  front  page  editorial  accusing  the 
priest  of  subversive  activities,  ordering  the  Church  to  stay  out  of  social  affairs,  and 
insisting  that  sovereignty  and  order  must  be  safeguarded.  The  Angolan  Catholic 
Church  issued  a  response  supporting  the  priest,  calling  it  the  duty  of  every  religious 
minister  to  confront  issues  of  social  justice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  of  movement  and  residence  with- 
in Angola  and  freedom  of  exit  from  and  entry  into  the  country,  but  the  Government 
does  not  respect  these  rights  in  practice.  As  part  of  the  peace  process,  both  the  Gov- 
ernment and  UNITA  committed  themselves  to  allow  the  free  circulation  of  people 
and  goods,  but  local  authorities  and  military  commanders  continued  to  restrict 
movement  in  many  areas.  The  Government  and  UNITA  continue  to  operate  illegal 
checkpoints  in  many  areas  of  the  country  that  limit  freedom  of  movement  and  eco- 
nomic activity.  Nevertheless,  many  major  roads  were  demined  and  opened  to  traffic. 
Hourly  a  fifth  of  Angola's  1.2  million  internally  displaced  persons  returned  home; 
as  did  a  third  of  the  325,000  Angolan  refugees  living  in  neighboring  countries.  Re- 
mining  of  roads  in  areas  of  the  country  under  UNITA  control,  or  adjacent  to  such 
areas,  caused  additional  civilian  casualties  as  well  as  new  restrictions  on  the  free- 
dom of  movement. 

Angola  is  a  party  to  both  the  1951  U.N.  Convention  Relating  to  the  Status  of  Ref- 
ugees and  its  1967  Protocol  and  Organization  of  African  Unity  Convention  on  Refu- 
gees, and  the  Government  cooperates  with  the  U.N.  High  Commissioner  for  Refu- 
gees (UNHCR).  The  Government  provides  first  asylum  to  refugees.  An  eligibility 
committee  to  evaluate  asylum  claims  was  established  on  paper  in  1990,  was  first 


staiTed  in  1995,  and  now  meets  regularly  to  evaluate  asylum  requests.  There  are 
approximately  9,600  refugees  from  the  Democratic  Republic  of  the  Congo,  at  least 
1,000  of  whom  have  been  ofTicially  granted  refugee  status.  There  were  no  reports 
of  the  forced  expulsion  of  persons  with  valid  claims  to  refugee  status.  As  of  October, 
there  were  some  2,000  reiugees  in  Luau,  Moxico  Province,  an  area  that  reverted  to 
government  control  in  September.  The  Government  agreed  not  to  arbitrarily  expel 
or  forcibly  repatriate  this  group  of  Rwandan  and  Burundian  refugees  and  allowed 
the  UNHCR  to  provide  all  appropriate  assistance. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  all  adult  citizens  with  the  right  to  vote  by  secret  ballot 
in  direct,  multiparty  elections  to  choose  the  President  of  tne  Republic  and  the  depu- 
ties of  the  National  Assembly.  However,  in  practice,  citizens  have  no  effective  means 
to  change  their  government. 

The  President  is  elected  by  absolute  majority.  If  no  candidate  obtains  a  majority 
of  votes  cast,  there  is  a  runoff  between  the  two  candidates  with  the  highest  number 
of  votes.  The  National  Assembly  consists  of  220  deputies,  130  elected  on  a  national 
ballot  and  90  elected  to  represent  the  provinces.  The  Electoral  Law  also  provides 
for  the  election  of  three  additional  deputies  to  represent  Angolans  living  abroad; 
however,  these  positions  were  not  fillea  in  the  1992  elections.  Ruling  power  is  con- 
centrated in  the  President  who  appoints  the  Prime  Minister  and  other  members  of 
the  Council  of  Ministers,  through  which  the  President  exercises  executive  power. 
The  Council  can  enact  decree-laws,  decrees,  and  resolutions,  thereby  controlling 
most  functions  normally  associated  with  the  legislative  branch.  The  National  As- 
sembly has,  since  its  inception,  served  as  a  rubber  stamp  for  the  Council  of  Min- 
isters. However,  the  seating  of  70  UNITA  deputies  in  April  fostered  for  the  first 
time  substantive  debates  on  issues  ranging  from  the  peace  process  to  the  Govern- 
ment's budgeting  priorities  and  accountability.  Subsequently,  all  parties  called  for 
the  National  Assembly  to  assume  greater  powers. 

Citizens  exercised  their  constitutional  right  to  elect  the  President  and  members 
of  the  National  Assembly  in  the  country's  first  free  election,  held  under  U.N.  aus- 
pices in  1992.  President  dos  Santos  won  49.5  {percent  of  the  vote  and  should  have 
faced  UNITA  leader  Savimbi,  who  won  just  over  40  percent  of  the  vote,  in  a  con- 
stitutionally mandated  runoff  election.  UNITA  and  other  parties  accused  the  Gov- 
ernment oi  massive  electoral  fraud,  but  U.N.  and  other  international  observers  de- 
clared the  elections  generally  free  and  fair  and  called  on  UNITA  to  accept  the  re- 
sults. The  civil  war  resumed  after  UNITA  rejected  the  election  results,  and  the  run- 
off in  the  presidential  elections  was  postponed  indefinitely.  The  U.N.  is  authorized 
by  the  Lusaka  Protocol  to  declare  that  requisite  conditions  have  been  met  to  hold 
the  second  round  of  presidential  elections. 

In  April  the  MPLA,  UNITA,  and  10  small  opposition  parties,  joined  to  form  a  gov- 
ernment of  unity  and  national  reconciliation.  All  70  UNITA  deputies  took  their  seats 
in  the  National  Assembly  for  the  first  time  since  the  1992  elections.  UNITA  officials 
assumed  the  posts  of  Ministers  of  Geology  and  Mines,  Trade,  Health,  and  Hotel  and 
Tourism;  Deputy  Minister  of  Defense,  Home  Affairs,  Finance,  Agriculture,  Public 
Works,  Social  Reintegration,  and  Mass  Communication.  UNITA  cabinet  oflicials 
have  been  allowed  considerable  freedom  within  their  areas  of  direct  responsibility, 
but  they  have  had  little  input  on  overall  government  policy.  UNITA  leader  Jonas 
Savimbi  has  so  far  refused  to  assume  the  duties  of  leader  of  the  largest  opposition 
party,  a  position  created  for  him  by  the  National  Assembly  in  April.  The  measure 
creating  the  position  was  never  published  in  the  government  gazette,  as  required 
by  Angolan  law,  and  was  automatically  nullified  10  days  after  passage. 

The  National  Assembly  began  to  conduct  substantive  debates  on  national  policy. 
In  July  military  preparations  in  the  provinces  of  Lunda  Norte  and  Lunda  Sul  led 
to  often  acrimonious  debates  which  were  broadcast  on  national  radio.  During  the 
August  debate  on  the  national  budget,  the  National  Assembly  passed  a  resolution 
criticizing  the  Council  of  Ministers  for  the  small  amount  spent  on  education  and 
health. 

There  are  no  legal  barriers  to  the  participation  of  women  in  the  political  process; 
however,  only  10  of  83  cabinet  positions,  35  of  220  seats  in  the  National  Assembly, 
and  0  of  9  seats  on  the  Supreme  Court  are  held  by  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The   Government   generally  cooperated   with  UNAVEM/MONUA  human   rights 
monitors.  The  Angolan  Human  Rights  Association,  the  only  Angolan  human  rights 
group,  and  the  Human  Rights  Committee  of  the  National  Assembly  remained  weak 


4.S.QnQ     QR  -  0 


8 

and  ineffective.  UNITA  reports  its  human  rights  concerns  through  its  Lisbon-based 
Association  of  Surviving  Angolans  (ACAS).  The  Dominican  Order  of  the  Roman 
Catholic  Church  is  building  a  cultural  center  on  the  outskirts  of  Luanda  that  is  to 
have  a  human  rights  component. 

The  UNAVEIVLTVIONUA  Human  Rights  Monitoring  Group  (HRMG)  established  of- 
fices in  six  provinces,  conducted  human  rights  training  for  U.N.  Forces,  and  inves- 
tigated individual  cases  of  human  rights  abuses.  Human  rights  committees  were  es- 
tablished in  Namibe,  Benguela,  Huambo,  Kwanza  Sul,  Uige,  and  Cunene.  Comniit- 
tees  consist  of  representatives  from  government  and  civic  organizations.  In  Uige 
both  government  and  UNITA  representatives  participate.  To  date,  the  committees 
have  done  little  investigative  work,  though  their  establishment  is  considered  a  posi- 
tive first  step. 

The  HRMG'S  work  was  hampered  by  insufficient  staff  throughout  much  of  1997, 
ranging  from  3  to  10  investigators,  and  other  difficulties.  The  arrival  of  55  MONTJA 
human  rights  officers  in  September  greatly  increased  the  HRMG's  capacity. 

UNITA  impedes  independent  investigations  of  human  rights  abuses  in  territory 
that  it  controls.  It  denied  attempts  by  UNAVEM/MONUA  to  investigate  complaints 
of  human  rights  violations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Under  the  Constitution  all  citizens  are  equal  before  the  law  and  enjoy  the  same 
rights  and  responsibilities  regardless  of  color,  race,  ethnicity,  sex,  place  of  birth,  reli- 
gion, ideology,  degree  of  education,  or  economic  or  social  condition.  The  Government 
does  not  have  the  ability  to  enforce  these  provisions  effectively. 

Women. — Violence  against  women  was  widespread.  In  March  a  Ministry  of 
Women  was  created  to  deal  specifically  with  this  problem.  In  the  last  half  of  the 
year,  a  series  of  national  conlerences  on  violence  against  women,  partially  funded 
with  foreign  assistance,  were  held  which  resulted  in  resolutions  calling  on  the  Gov- 
ernment to  reform  the  civil  code  to  end  women's  legal  inequality;  to  hire  more  fe- 
male police  officers  giving  them  responsibilities  for  domestic  abuse  cases;  and  to  cre- 
ate a  social  welfare  program. 

The  Constitution  and  Family  Code  provide  for  equal  rights  without  regard  to  race, 
religion,  gender,  national  origin,  ideology,  level  of  education,  or  socioeconomic  condi- 
tion. However,  a  portion  of  Angola's  civil  code  dates  back  to  colonial  times  and  in- 
cludes discriminatory  provisions  against  women  in  the  areas  of  inheritance,  property 
sales,  and  participation  in  commercial  activities. 

The  maternal  mortality  rate  during  1996  was  1,500  per  100,000  live  births.  There 
is  no  effective  means  to  enforce  child  support  laws,  and  women  carry  the  major  re- 
sponsibility for  raising  children.  Due  to  dire  economic  circumstances,  increasing 
numbers  of  women  engaged  in  prostitution.  Credible  evidence  indicated  that  a  sig- 
nificant proportion  of  homicides  were  perpetrated  against  women,  usually  by  their 
spouses. 

Despite  constitutional  protections,  women  suffered  from  discrimination.  The  law 
provides  for  equal  pay  for  equal  work,  but  in  practice  women  are  not  compensated 
equally.  Some  women  held  senior  positions  in  tne  military  (primarily  in  the  medical 
field)  and  civil  service,  but  women  were  mostly  relegated  to  low-level  positions  in 
state-run  industries  and  in  the  small  private  sector.  In  much  of  the  country  in  re- 
cent years  women  swelled  the  ranks  oi  the  disabled  because  they  often  set  ofi"  land 
mines  while  foraging  in  the  fields  for  food  and  firewood.  Adult  women  may  open  a 
bank  account,  accept  employment,  and  own  property  without  interference  from  their 
spouses.  Women  also  have  the  right  to  inherit  property.  Upon  the  death  of  a  male 
head  of  a  household,  the  widow  automatically  is  entitled  to  50  percent  of  any  estate 
with  the  remainder  divided  equally  among  legitimate  children. 

Children. — The  Grovernment  gave  only  marginal  attention  to  children's  rights  and 
welfare,  in  spite  of  the  fact  that  over  half  the  population  is  under  the  age  of  15. 
The  Education  Ministry  barely  functions  due  to  a  meager  education  budget.  Low  to 
nonexistent  pay  has  resulted  in  a  shortage  of  teachers.  There  is  a  net  enrollment 
rate  of  40  percent  of  the  school-age  children,  down  from  42  percent  in  1992,  with 
an  18-point  gap  between  boys  and  girls  to  the  detriment  of  girls.  In  1996  it  was  esti- 
mated that  872,575  school-age  children  were  out  of  school.  The  public  school  net- 
work in  its  present  state  cannot  absorb  these  children.  Most  educational  infrastruc- 
tures arc  partially  or  totally  damaged  and  lack  basic  equipment  and  teaching  mate- 
rials. A  highly  successful  nationwide  antipolio  campaign  in  1996  and  1997  was  an 
important  exception  to  the  lack  of  government  health  programs  for  children. 

The  peace  process  has  allowed  the  successful  demobilization  and  reintegration  of 
over  8,000  child  soldiers  from  both  government  and  UNITA  forces.  However,  UNITA 
has  impeded  planned  follow-up  assistance  to  most  of  its  underage  demobilized  sol- 


diers.  An  increase  in  the  number  of  street  children  in  Luanda  and  other  cities  re- 
sulted from  the  breakdown  of  family  structure  caused  by  the  resumption  of  the  civil 
war  in  1992  and  the  continuing  deterioration  of  the  economy.  UNICEF  estimates 
that  there  are  approximately  5,000  street  children  in  Luanda  alone.  Living  condi- 
tions in  government  youth  hostels  were  so  poor  that  the  majority  of  homeless  chil- 
dren preferred  to  sleep  on  city  streets.  Street  children  wash  cars,  shine  shoes,  and 
cairy  water,  but  also  beg,  steal,  pick  through  garbage,  and  prostitute  themselves  in 
order  to  survive.  The  Christian  Children's  Fund,  a  nongovernmental  organization 
working  with  children,  estimates  that  there  are  approximately  500  to  1,000  pros- 
titutes under  the  age  of  18  in  Luanda. 

The  government-sponsored  National  Institute  for  Children  is  a  well-intentioned 
organization,  but  it  lacks  the  capacity  to  adequately  assist  efibrts  by  international 
nongovernmental  organizations  to  assist  dispossessed  youth.  There  are  no  active  pri- 
vate children's  rights  advocacy  groups,  although  the  Association  of  Women  Jurists 
has  signaled  its  intention  to  take  up  these  issues.  Minister  of  Justice  Paulo  Tjipilica 
has  been  an  outspoken  advocate  of  children's  rights  and  has  launched  a  nationwide 
campaign  to  register  3  million  children. 

Female  genital  mutilation  (FGM),  is  widely  condemned  by  international  health  ex- 
perts as  damaging  to  both  physical  and  psychological  health.  There  is  very  little  evi- 
dence of  the  practice  of  FGfM  in  Angola.  It  reportedly  occurs  rarely  in  remote  areas 
of  Moxico  Province,  bordering  the  Democratic  Republic  of  the  Congo  and  Zambia. 

People  With  Disabilities. — The  number  of  physically  disabled  includes  an  esti- 
mated 78,000  people  who  were  disabled  by  land  mine  explosions.  While  there  is  no 
institutional  discrimination  against  people  with  disabilities,  the  Government  is 
doing  little  to  improve  their  physical,  financial,  or  social  conditions.  There  is  no  leg- 
islation mandating  accessibility  for  the  disabled  to  public  or  private  facilities,  and, 
given  the  degradation  of  the  nation's  infrastructure  and  the  high  unemployment 
rate,  it  is  difficult  for  the  disabled  to  find  employment  or  participate  in  the  edu- 
cation system. 

National  / Racial  / Ethnic  Minorities. — Angola's  population  includes  1  to  2  percent 
of  Khoisan  and  other  linguistically  distinct  hunter-gatherer  tribes  scattered 
throughout  the  southern  provinces  of  Namibe,  Cunene,  and  Cuando  Cubango.  There 
is  no  evidence  that  they  suffer  from  official  discrimination  or  harassment,  but  they 
do  not  participate  actively  in  the  political  or  economic  life  of  the  country  and  have 
a  marginal  ability  to  influence  government  decisions  concerning  their  interests. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  to  form  and 
join  trade  unions,  engage  in  union  activity,  and  strike,  but  the  Government  does  not 
consistently  respect  these  rights  in  practice.  Although  the  Government  dominated 
the  National  Union  of  Angolan  Workers  (UNTA),  wnich  is  the  labor  organ  of  the 
ruling  MPLA,  the  General  Center  of  Independent  and  Free  Labor  Unions  of  Angola 
(CGSILA)  remained  relatively  independent.  SIMPROF  (Sydicatos  de  FVofessores),  a 
nationwide  teachers'  union,  staged  strikes  demanding  better  pay  for  teachers,  and 
met  with  some  limited  success.  The  law  requires  that  labor  unions  be  recognized 
by  the  Government.  Restrictions  on  civil  liberties  potentially  prevent  any  labor  ac- 
tivity not  approved  by  the  Government.  However,  the  major  impediment  to  orga- 
nized labor's  ability  to  advocate  on  behalf  of  workers  is  the  80  percent  unemploy- 
ment rate. 

The  Constitution  provides  for  the  right  to  strike,  and  legislation  passed  in  1991 
provides  the  legal  framework  for,  and  strictly  regulates  the  exercise  of,  that  right. 
The  law  prohibits  lockouts  and  worker  occupation  of  places  of  employment  and  pro- 
vides protection  for  nonstriking  workers.  It  prohibits  strikes  by  military  and  police 
personnel,  prison  workers,  and  firemen.  The  law  does  not  effectively  prohibit  em- 
ployer retrioution  against  strikers. 

Employees  of  the  Ministry  of  Health,  including  medical  personnel,  as  well  as 
teachers  staged  strikes  during  the  year.  Stevedores  and  other  port  personnel  also 
threatened  to  strike.  In  1996  there  were  strikes  against  the  Government  by  teach- 
ers, doctors,  and  nurses,  among  others.  The  Health  and  Education  Ministries  nego- 
tiated settlements  but  repeatedly  failed  to  honor  them  because  of  lack  of  resources. 
On  Labor  Day,  May  1,  1996,  the  Government  deployed  paramilitary  police  in  all 
public  spaces  in  Luanda  to  deter  rumored  labor  demonstrations. 

Unions  have  the  right  to  affiliate  internationally. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  provides  for 
the  right  to  organize,  and  the  law  provides  for  collective  bargaining,  but  the  Govern- 
ment does  not  respect  these  rights  in  practice.  The  Government  dominates  the  econ- 
omy through  state-run  enterprises.  The  Ministry  of  Public  Administration,  Employ- 
ment, and  Social  Security  sets  wages  and  benefits  on  an  annual  basis.  In  1996  the 


10 

Government  failed  to  honor  a  February  1996  agreement  between  the  teachers'  union 
and  the  Education  Ministry  to  provide  teachers  an  indexed  wage.  In  the  small  pri- 
vate sector,  wages  are  based  on  multiples  of  the  minimum  salary  set  by  the  Govern- 
ment. Legislation  prohibits  discrimination  against  union  members.  Union  members' 
complaints  are  adjudicated  in  the  regular  civil  courts.  Employers  found  guilty  of 
antiunion  discrimination  are  required  to  reinstate  workers  fired  for  union  activities. 
TTiere  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Current  law  authorizing  forced 
labor  for  breaches  of  worker  discipline  and  participation  in  strikes  has  been  cited 
by  the  International  Labor  Organization  as  a  violation  of  its  Convention  105.  The 
laws  prohibit  forced  or  bonded  child  labor,  but  the  Government  does  not  have  the 
capacity  to  enforce  these  provisions.  According  to  the  General  Employment  Law  and 
complimentary  legislation  of  1981,  children  under  the  age  of  14  cannot  be  employed. 
Children  between  the  ages  of  14  and  18  mav  not  work  at  night,  in  dangerous  condi- 
tions, or  in  occupations  that  require  great  physical  effort.  However,  these  provisions 
are  generally  unenforced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  legal 
minimum  age  for  employment  is  14  years.  The  Inspector  Greneral  of  the  Ministry 
of  Public  Administration,  Employment,  and  Social  Security  is  responsible  for  enforc- 
ing labor  laws.  This  Ministry  maintains  employment  centers  where  prospective  em- 
ployees register,  and  the  centers  screen  out  applicants  under  the  age  of  14.  How- 
ever, many  younger  children  work  on  family  farms,  as  domestic  servants,  and  in  the 
informal  economy.  Family-based  child  labor  in  the  subsistence  agricultural  sector  is 
common.  Poverty  and  social  upheavals  have  brought  large  numbers  of  orphaned  and 
abandoned  children  into  the  unregulated  urban  informal  sector.  Laws  exist  that  pro- 
hibit child  labor,  but  the  Government  does  not  enforce  them  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  minimum  wage  set  by  the  Ministry  of 
Public  Administration,  Employment  and  Social  Security  was  roughly  $30  per  month 
before  erosion  of  the  currency  by  inflation  (with  the  rapid  devaluation  of  the 
kwanza,  the  dollar  value  of  the  minimum  wage  was  $2  a  month  at  the  end  of  1995). 
However,  the  Government  does  not  enforce  this  standard.  Neither  the  minimum 
wage  nor  the  average  monthly  salary,  which  ranges  in  Luanda  from  approximately 
$50  to  $160,  is  sufficient  to  provide  a  decent  living  for  a  worker  and  family.  As  a 
result,  many  wage  earners  depend  on  the  thriving  informal  sector,  subsistence  farm- 
ing, theft,  corruption,  or  support  from  relatives  abroad  in  order  to  survive. 

A  1994  government  decree  established  a  37-hour  workweek.  However,  inadequate 
resources  prevented  the  Ministry  of  Public  Administration,  Employment,  and  Social 
Security  from  enforcing  this  standard  or  from  enforcing  occupational  health  and 
safety  standards.  Workers  cannot  remove  themselves  from  dangerous  work  situa- 
tions without  jeopardizing  their  continued  employment. 


BENIN 


The  Republic  of  Benin  is  a  constitutional  democracy  headed  by  President  Mathieu 
Kerekou,  who  was  inaugurated  on  April  4,  1996,  after  elections  generally  viewed  as 
free  and  fair.  President  Kerekou,  who  ruled  Benin  as  a  Socialist  military  dictator 
from  1972-1989,  succeeded  his  democratically  elected  predecessor  and  continued  the 
civilian,  democratic  rule  begun  in  the  1990-1991  constitutional  process  that  ended 
his  previous  reign.  There  are  18  political  parties  represented  in  the  unicameral,  82- 
member  National  Assembly;  no  party  or  political  grouping  commands  a  majority  of 
seats.  The  Government  respects  the  constitutional  provision  for  an  independent  judi- 
ciary; however,  the  judiciary  is  inefficient  and  susceptible  to  corruption. 

The  civilian-controlled  security  forces  consist  of  the  armed  forces,  headed  by  a 
Minister  Delegate  for  Defense  Matters  in  the  office  of  the  President,  and  the  police 
force  under  the  Interior  Minister.  The  two  Ministers  also  share  authority  over  the 
gendarmerie,  which  exercises  police  functions  in  rural  areas.  The  armed  forces  con- 
tinued to  play  an  apolitical  role  in  government  affairs  despite  concerns  about  morale 
within  its  ranks  and  its  ethnic  imbalance. 

An  extremely  poor  country  with  average  yearly  per  capita  income  below  $450,  the 
economy  is  based  largely  on  subsistence  agriculture,  cotton  production,  regional 
trade  (including  transshioment  of  goods  to  neighboring  countries),  and  small-scale 
offshore  oil  production.  Tne  port  of  Cotonou  serves  as  a  major  conduit  for  goods  en- 
tering neighboring  Nigeria  legally  and  illegally.  The  new  Administration  continued, 
and  in  some  cases  stepped  up,  the  austerity  program  begun  by  its  predecessor; 
privatized  state-owned  enterprises;  reduced  fiscal  expenditures;  and  deregulated 
trade.  In  spite  of  its  bloated  and  inefficient  bureaucracy,  high  debt  servicing  costs. 


11 

and  widespread  unemployment,  Benin's  economic  recovery  continues  under  liberal 
economic  policies  instituted  since  the  return  to  democracy.  Inflation  in  1997  was  less 
than  3  percent  with  real  growth  estimated  at  between  5  and  6  percent. 

The  Government  generally  respected  the  human  rights  of  its  citizens.  The  major 
human  rights  problems  continued  to  be  the  failure  by  police  forces  to  curtail  acts 
of  vigilantism  and  mob  justice;  serious  administrative  delays  in  processing  ordinary 
criminal  cases  with  attendant  denial  of  timely,  fair  trials;  judicial  corruption;  harsh 
and  unhealthy  prison  conditions;  societal  discrimination  and  violence  against 
women;  and  the  trafficking  in  and  abuse  of  children.  The  practice  of  female  genital 
mutilation  (FGM)  is  also  a  problem.  The  Constitutional  Court  continued  to  dem- 
onstrate independence.  In  one  high-profile  case,  it  struck  down  provisions  of  the  new 
media  law  as  unconstitutional. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings  by  government  officials.  However,  a  rising  crime  rate  and 
a  lack  of  police  responsiveness  led  to  more  reports  of  mob  justice.  Vigilantism  re- 
portedly resulted  in  several  cases  of  suspected  criminals  being  killed  or  severely  in- 
jured, particularly  thieves  caught  in  the  act.  Although  a  number  of  these  incidents 
took  place  in  urban  areas  and  were  publicized  in  the  press,  the  Government  appar- 
ently made  no  concerted  attempt  to  mvestigate  or  prosecute  anyone  involved.  Some 
press  accounts  suggested  that  the  police  deliberately  ignored  vigilante  attacks. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices  and  there  were  no  reports  that  officials 
employed  them.  The  Government  continued  to  make  payments  to  victims  of  torture 
under  the  military  regime  which  ruled  from  1972  to  1989. 

Prison  conditions  continue  to  be  extremely  harsh.  Extensive  overcrowding  and 
lack  of  proper  sanitation  and  medical  facilities  pose  a  risk  to  prisoners'  health.  The 
prison  diet  is  seriously  inadequate  with  malnutrition  and  disease  common.  Prisoners 
are  allowed  to  meet  with  visitors  such  as  family  members,  lawyers,  and  others.  In 
conjunction  with  nongovernmental  organizations  (NGO's),  the  Government  has  set 
up  a  plan  for  prison  renovation  and  rehabilitation. 

The  Government  permits  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention  or  exile,  however,  at  times  the  authorities  arbitrarily  arrested  and 
detained  persons.  The  Constitution  prohibits  detention  for  more  than  48  hours  with- 
out a  hearing  by  a  magistrate  whose  order  is  required  for  continued  detention.  How- 
ever, there  were  credible  reports  that  authorities  exceeded  this  48-hour  limit  in 
many  cases,  sometimes  by  as  long  as  a  week,  using  the  accepted  practice  of  holding 
a  person  without  specified  time  limit  "at  the  disposition  of  the  public  prosecutor's 
oflice  before  presenting  the  case  to  a  magistrate.  Approximately  75  percent  of  pris- 
oners are  pretrial  detainees.  Arbitrary  arrest  is  not  routine  but  does  occur  occasion- 
ally. 

The  National  Assembly  approved,  and  the  President  promulgated,  a  law  on  Sep- 
tember 3  to  grant  amnesty  to  some  50  individuals  convicted  of  crimes  against  na- 
tional security  during  the  previous  administration.  All  amnestied  individuals  im- 
prisoned in  Benin  were  released. 

The  Constitution  prohibits  forced  exile  of  citizens.  Many  citizens  who  went  into 
exile  prior  to  the  establishment  of  democratic  rule  have  returned. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary and  the  Government  generally  respects  this  provision  in  practice.  However, 
the  executive  has  important  powers  in  regard  to  the  judiciary. 

The  President  appoints  career  magistrates  as  judges  in  civil  courts,  and  the  Con- 
stitution gives  the  Ministry  of  Justice  administrative  authority  over  judges,  includ- 
ing the  power  to  transfer  them.  Inadequate  facilities,  poorly-trained  staff,  and  over- 
crowded dockets  result  in  slow  administration  of  justice.  The  low  salaries  of  mag- 
istrates and  clerks  have  a  demoralizing  effect  on  their  commitment  to  efiicient  and 
timely  justice  and  makes  them  susceptible  to  corruption. 

The  legal  system  is  based  on  French  civil  law  and  local  customary  law.  The  Con- 
stitution provides  for  the  right  to  a  fair  public  trial.  A  defendant  enjoys  the  pre- 
sumption of  innocence  and  has  the  right  to  be  present  at  trial  and  to  representation 
by  an  attorney,  at  public  expense  if  necessary.  In  practice  the  court  provides  indi- 
gent defendants  with  court-appointed  counsel  upon  request.  A  defendant  also  has 
the  right  to  confront  witnesses  and  to  have  access  to  government-held  evidence. 


12 

Trials  are  open  to  the  public,  but  in  exceptional  circumstances  the  President  of  the 
court  may  decide  to  restrict  access  to  preserve  public  order  or  to  protect  the  parties. 

A  civilian  court  system  operates  on  the  national  and  provincial  levels.  Military 
disciplinary  councils  deal  with  minor  offenses  by  military  members,  but  have  no  ju- 
risdiction over  civilians.  There  is  only  one  court  of  apoeals.  The  Supreme  Court  is 
the  court  of  last  resort  in  all  administrative  and  judicial  matters.  The  Constitutional 
Court  is  charged  with  passing  on  the  constitutionality  of  laws  and  disputes  between 
the  President  and  the  National  Assembly  and  with  resolving  disputes  regarding 
presidential  and  National  Assembly  elections.  Its  rulings  against  both  the  executive 
and  legislative  branches  indicated  its  independence  from  both  these  branches  of 
Government.  The  Constitution  also  provides  for  a  High  Court  of  Justice  to  convene 
in  the  event  of  crimes  committed  by  the  President  or  government  ministers  against 
the  State.  Implementing  legislation  to  create  the  High  Court  of  Justice  was  passed 
in  June  1996.  Although  the  legislation  was  passed,  the  Constitutional  Court  later 
found  some  of  its  provisions  to  oe  unconstitutional.  As  of  year's  end,  the  le^slature 
had  not  passed  revisions  to  bring  the  law  into  compliance  with  the  Constitutional 
Court  ruling. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices  and  government  authorities  generally  respect 
these  prohibitions  in  practice.  Police  are  required  to  obtain  a  judicial  warrant  before 
entering  a  private  home,  and  they  usually  observed  this  requirement  in  practice. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  respects  these  rights  in  practice.  The  govern- 
ment entity  with  oversight  responsibility  for  media  operations  is  the  High  Authority 
for  Audio-visual  Media  and  Communications  (HAAC),  which  requires  broadcasters 
to  submit  weekly  lists  of  planned  programs  and  requires  publishers  to  deposit  copies 
of  all  publications  with  it.  The  requirement,  however,  is  not  observed  by  the  media 
in  practice. 

There  is  a  large  and  active  privately  owned  press  consisting  of  about  a  dozen 
newspapers.  These  publications  criticize  the  Government  freely  and  often,  but  their 
effect  on  public  opinion  is  limited  because  of  their  urban  concentration.  The  majority 
of  Beninese  are  illiterate. 

The  National  Assembly  approved  legislation  on  August  11  to  privatize  Benin's 
electronic  news  media.  The  law  was  submitted  to  the  Constitutional  Court  for  re- 
view and  then  promulgated  by  the  President.  The  HAAC  announced  requirements 
to  obtain  commercial  broadcasters  licenses,  and  established  October  10  as  the  dead- 
line for  applications.  Private  radio  and  television  stations  began  broadcasting  in  De- 
cember. 

The  Grovemment,  however,  continued  to  own  and  operate  the  media  most  influen- 
tial in  reaching  the  public.  Until  December  the  only  radio  stations  that  transmitted 
locally  were  government  owned:  The  Benin  Office  of  Radio  and  Television  (ORTB) 
transmits  in  FM,  AM,  and  short  wave,  in  French  and  local  languages.  Radio  France 
International  (RFI)  also  transmits  over  a  local  FM  band  under  an  agreement  with 
the  Government.  Five  rural  radio  stations  governed  by  local  committees  broadcast 
several  hours  a  day  exclusively  in  local  languages.  These  stations  receive  support 
from  ORTB.  Radio  is  probably  the  most  important  information  medium. 

A  similar  arrangement  is  in  place  for  television  transmissions:  ORTB  broadcasts 
5  hours  per  day  on  a  signal  that  is  easily  received  in  urban  areas.  Approximately 
80  f>ercent  of  ORTB's  television  programming  is  in  French.  TVS,  a  commercial  ven- 
ture with  investments  by  television  broadcasting  organizations  in  France,  Canada, 
Belgium,  and  Switzerland,  broadcasts  locally  24  hours  a  day  entirely  in  French 
under  an  agreement  with  the  Government.  Although  neither  television  station 
broadcasts  partisan  programs  in  support  of  or  unduly  critical  of  the  Government, 
the  vast  majority  of  news  programming  centers  on  government  officials'  activities. 

The  Government  does  not  censor  works  by  foreign  journalists,  authors,  or  artists. 

HAAC  regulations  govern  satellite  reception  equipment  and  movie  and  video 
clubs.  There  is  little  enforcement  of  these  regulations. 

In  general  academic  freedom  is  respected.  University  professors  are  permitted  to 
lecture  freely,  conduct  research,  and  publish  their  work. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  generally  respects  them  in  practice.  The  Govern- 
ment requires  permits  for  use  of  public  places  for  demonstrations  and  requires  asso- 
ciations to  register.  It  routinely  grants  such  permits  and  registrations.  The  Govern- 
ment did  not  take  any  actions  against  nonregistered  organizations  for  failure  or  re- 
fusal to  register. 


13 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

In  August  the  legislature  voted  to  establish  a  national  day  to  observe  traditional 
religious  practices,  thereby  affording  traditionalist  beliefs  a  status  similar  to  that 
of  more  established  religions,  such  as  Christianity  and  Islam  and  implicitly  rec- 
ognizing them  as  part  of  domestic  culture.  The  designation  does  not  convey  special 
status  to  traditional  beliefs.  President  Kerekou,  an  evangelical  Christian,  has  been 
criticized  in  the  press  for  public  statements  against  certain  traditional  religious 
practices  and  for  expressing  views  that  might  violate  the  principle  of  separation  of 
church  and  State. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  gen- 
erally respects  them  in  practice.  However,  the  presence  of  police,  gendarmes,  and 
illegal  roadblocks  impedes  domestic  movement.  Although  ostensibly  meant  to  en- 
force automotive  safety  and  customs  regulations,  many  of  these  checkpoints  serve 
as  a  means  for  officials  to  exact  bribes  from  travelers.  The  Government  maintained 
previously  implemented  measures  to  combat  such  petty  corruption  at  roadblocks. 

The  Government's  policy  toward  transhumance  allows  migratory  Fulani  herdsmen 
from  other  countries  to  enter  freely;  it  does  not  enforce  designated  entry  points  The 
local  press  reported  that  a  cattle  dispute  on  March  14  resulted  in  the  destruction 
of  a  Fulani  camp  and  the  deaths  of  several  herdsmen.  Government  authorities  did 
not  issue  an  official  statement,  nor  have  there  been  reports  regarding  official  action 
to  punish  the  guilty. 

The  Government  does  not  restrict  international  travel  for  political  reasons,  and 
those  who  travel  abroad  may  return  without  hindrance. 

Historically,  the  Government  has  cooperated  closely  with  the  United  Nations  High 
Commissioner  for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  as- 
sisting refugees,  including  those  in  need  of  first  asylum.  The  Government  provided 
first  asylum  to  up  to  200,000  citizens  of  Togo  during  the  1993  political  violence  in 
that  country.  While  most  have  returned  to  Togo,  1,653  (UNHCR  estimate)  remain. 
Despite  severe  economic  pressures  that  limit  its  ability  to  provide  education  for  its 
children,  the  Government  has  allowed  these  Togolese  to  enroll  their  children  in  local 
schools  and  to  participate  in  some  economic  activities. 

In  late  spring,  the  Government  informed  the  UNHCR  that  it  could  no  longer  guar- 
antee the  safety  of  eight  prominent  Togolese  dissidents  and  their  families  living  in 
Benin  under  UNHCR  auspices.  The  UNHCR  found  sponsors  for  the  refugees  in  the 
Netherlands  and  Sweden,  and  they  left  Benin  in  June.  UNHCR  officials  stated  that 
the  Government  did  everything  reasonably  possible  to  protect  the  eight  Togolese  dis- 
sidents; the  UNHCR  faults  the  dissidents  for  refusing  to  curtain  their  activities  in 
Benin  against  the  Togolese  Government  as  the  reason  for  their  perceived  insecurity 
and  subsequent  relocation. 

In  contrast  some  995  Ogoni  refugees  from  Nigeria,  handicapped  because  they  do 
not  speak  French,  cannot  work  in  Benin,  nor  can  their  children  attend  Beninese 
schools.  UNHCR  officials  have  warned  them  to  remain  within  the  confines  of  the 
refugee  camp. 

In  addition  there  are  refugees  from  Nigeria,  Algeria,  Burundi,  Cameroon,  the 
Central  African  Republic,  Chad,  Congo,  the  Democratic  Republic  of  the  Congo,  Ethi- 
opia, Niger,  Liberia,  Rwanda,  Sudan,  and  Sierra  Leone.  Their  treatment  is  com- 
parable to  that  accorded  the  Togolese  and  Ogonis. 

There  were  no  reports  of  forced  expulsion  of  persons  having  a  valid  claim  to  refu- 
gee status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  peacefully  to  change  their  gov- 
ernment. Citizens  exercised  this  right  in  legislative  elections  in  1991  and  1995,  and 
in  presidential  elections  in  1991  and  1996,  all  considered  free  and  fair.  The  Con- 
stitution provides  for  a  5-year  term  of  office  for  the  President  (who  is  limited  to  two 
terms)  and  4-year  terms  for  National  Assembly  members  (who  may  serve  an  unlim- 
ited number  of  terms). 

Women  participate  actively  in  the  political  parties,  but  are  underrepresented  in 
Government  positions.  There  is  now  1  woman  in  the  19-member  Cabinet.  The  pre- 
vious Government  had  four  female  cabinet  members.  There  are  6  female  deputies, 
including  the  leader  of  the  opposition,  in  the  82-member  unicameral  National  As- 
sembly. The  President  of  the  Constitutional  Court  is  a  woman;  the  HAAC  and  the 
Economic  and  Social  Council  have  female  members. 


14 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  human  rights  groups — both  domestic  and  international^perate 
without  government  restriction,  investigating  and  publishing  their  findings  on 
human  rights  cases.  Government  officials  are  generally  cooperative  and  responsive 
to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  sex,  and  religion,  but  so- 
cietal discrimination  against  women  continues. 

Women. — While  no  statistics  are  available,  violence  against  women,  including  wife 
beating,  occurs.  The  press  sometimes  reports  incidents  of  abuse  of  women,  but 
judges  and  police  are  reluctant  to  intervene  in  domestic  disputes,  considering  such 
disputes  a  family  matter. 

Although  the  Constitution  provides  for  equality  for  women  in  the  political,  eco- 
nomic, and  social  spheres,  women  experience  extensive  societal  discrimination,  espe- 
cially in  rural  areas  where  they  occupy  a  subordinate  role  and  are  responsible  for 
much  of  the  hard  labor  on  subsistence  farms.  In  urban  areas,  women  dominate  the 
trading  sector  in  the  open-air  markets.  By  law  women  have  equal  inheritance  and 
property  rights,  but  local  custom  in  some  areas  prevents  them  from  inheriting  real 
property.  Women  do  not  enjoy  the  same  educational  opportunities  as  men,  and  fe- 
male literacy  is  about  16  percent  (compared  with  32  percent  for  males). 

There  are  active  women's  rights  groups  that  have  been  efTective  in  drafting  a  fam- 
ily code  that  would  improve  the  status  of  women  under  the  law.  The  draft  code  was 
scheduled  for  review  by  the  National  Assembly  in  late  1997,  but  by  year's  end  it 
had  not  been  passed.  Tne  code  is  designed  to  bring  about  significant  enhancements 
to  the  human  rights  of  women  and  children. 

Children. — The  Ministry  of  Labor  and  Social  Affairs  is  responsible  for  the  protec- 
tion of  children's  rights,  primarily  in  the  areas  of  education  and  health.  In  particu- 
lar the  Government  is  trying  to  boost  primary  school  enrollment,  which  is  only 
about  66  percent.  In  some  parts  of  the  country,  girls  receive  no  formal  education. 

Some  traditional  practices  inflict  hardship  and  violence  on  children,  including 
most  prominently  the  custom  of  "vidomegon,"  whereby  poor,  often  rural,  families 
place  a  child,  primarily  girls,  in  the  home  of  more  wealthy  families.  A  privately 
owned  newspaper  reported  in  February  that  the  daughter-in-law  of  a  prominent 
government  ofiicial  was  in  pretrial  detention  for  beating  to  death  her  12-year  old 
maid  in  November  1996.  A  medical  report  certified  that  the  child  was  severely 
abused  before  being  admitted  to  the  hospital.  At  year's  end,  there  was  no  indication 
of  government  action  against  the  assailant. 

Other  traditional  practices  include  the  killing  of  deformed  babies,  breach  babies, 
and  one  of  two  newborn  twins  (all  of  whom  are  thought  to  be  sorcerers  in  some  rural 
areas).  There  is  also  a  tradition  in  which  a  groom  abducts  and  rapes  his  prospective 
child  (under  14  years  of  age)  bride.  Criminal  courts  mete  out  stifT  sentences  to  crimi- 
nals convicted  of  crimes  against  children,  but  many  such  crimes  never  reach  the 
courts. 

Trafficking  in  children,  always  a  problem  in  Benin,  was  the  subject  of  consider- 
able media  coverage.  Most  victims  are  abducted  or  leave  home  with  traffickers  who 
promise  educational  opportunities  or  other  incentives.  They  are  taken  to  foreign 
countries  (according  to  the  press,  principally  Nigeria,  Cameroon,  and  Gabon)  and 
sold  into  servitude  to  work  in  agriculture,  as  domestics,  or  as  prostitutes  (see  Sec- 
tion 6.C.).  The  police  stated  that  between  January  1  and  February  28,  they  thwarted 
attempts  to  smuggle  out  of  Benin  297  children  ranging  in  age  from  8  to  15  years. 

The  Government  in  concert  with  NGO's,  made  serious  efforts  to  combat  child 
abuse  and  trafficking  in  children,  including  media  campaigns,  programs  to  assist 
street  children,  and  greater  border  surveillance.  Despite  such  efforts  the  abuse  of 
children  is  a  serious  human  rights  problem. 

The  Government  has  been  less  successful  in  combating  female  genital  mutilation 
(FGM),  which  is  not  illegal.  FGM  is  widely  condemned  by  international  health  ex- 
perts as  damaging  to  both  physical  and  psychological  health.  FGM,  or  excision,  is 
practiced  on  females  ranging  from  infancy  through  30  years  of  age.  Studies  vary 
widely  and  suggest  that  as  Tew  as  5  percent  or  as  many  as  50  percent  of  women 
are  affected  by  this  practice,  mostly  in  the  northern  provinces.  The  actual  incidence 
probably  falls  somewhere  between  these  estimates.  A  prominent  NGO,  the  Benin 
chapter  of  the  Inter-African  Committee,  has  made  progress  in  raising  awareness  of 
the  dangers  of  the  practice;  the  Government  has  cooperated  with  its  efforts.  Accord- 
ing to  recent  research,  there  is  a  strong  profit  motive  in  the  continued  practice  of 
FGM  by  those  who  perform  the  operation,  usually  older  women.  In  March  the  Gov- 


15 

eminent  in  cooperation  with  the  World  Health  Organization  unveiled  an  action  plan 
to  eliminate  FGM. 

People  With  Disabilities. — Although  the  Constitution  provides  that  the  State  look 
after  the  handicapped,  the  Government  does  not  mandate  accessibility  for  disabled 
persons.  It  operated  a  number  of  social  centers  for  disabled  persons  to  assist  their 
social  integration.  Nonetheless,  many  are  unable  to  find  employment  and  must  re- 
sort to  begging  to  support  themselves. 

National/ Racial / Ethnic  Minorities. — There  is  a  long  history  of  regional  rivalries. 
Although  Southerners  dominate  the  Government's  senior  ranks,  Northerners  domi- 
nate the  military.  The  South  has  enjoyed  more  advanced  economic  development,  a 
larger  population,  and  has  traditionally  held  favored  status.  In  the  1996  elections, 
a  Northerner  was  elected  President. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  workers  with  the  freedom 
to  organize,  join  unions,  meet,  and  strike,  and  the  Government  usually  respects 
these  rights  m  practice.  The  labor  force  of  about  2  million  is  primarily  engaged  in 
subsistence  agriculture  and  other  primary  sector  activities,  witn  less  than  2  percent 
of  the  population  engaged  in  the  modern  (wage)  sector.  Approximately  75  percent 
of  the  wage  earners  belong  to  labor  unions.  There  are  four  union  confederations,  and 
unions  are  generally  independent  of  government  and  political  parties.  The  Economic 
and  Social  Council,  a  constitutionally  mandated  body  establisned  in  1994,  includes 
four  union  representatives.  Teachers  in  public,  technical,  and  vocational  institutions 
went  on  48-hour  strikes  in  April  and  May  to  back  up  demands  for  a  revision  of  their 
employment  status  and  for  payment  of  arrears.  Strikes  did  not  occur  at  all  schools. 
In  April  port  workers  held  a  sit-in  to  privatize  port  operations.  Speculation  that  a 
major  fire  in  the  port  at  the  time  of  the  protest  actions  had  been  set  by  labor  agi- 
tators was  subsequently  disproved. 

There  were  no  Known  instances  of  efforts  by  the  Government  to  retaliate  against 
union  activity.  Laws  prohibit  employer  retaliation  against  strikers,  and  the  Govern- 
ment enforces  them  effectively. 

Unions  may  freely  form  or  join  federations  or  confederations  and  affiliate  with 
international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Code  provides  for 
collective  bargaining,  and  workers  freely  exercised  these  rights.  Wages  in  the  pri- 
vate sector  are  set  in  negotiations  between  unions  and  employers.  A  tripartite 
group,  composed  of  unions,  employers,  and  the  Government,  discussed  and  agreed 
to  revisions  in  the  Labor  Code  in  1995,  but  the  new  code  had  not  been  enacted  into 
law  by  year's  end.  The  Government  sets  wages  in  the  public  sector  by  law  and  regu- 
lation. 

The  Labor  Code  prohibits  employers  from  taking  union  membership  or  activity 
into  account  regarding  hiring,  work  distribution,  professional  or  vocational  training, 
or  dismissal.  The  Government  levies  substantial  penalties  against  employers  who 
refuse  to  rehire  workers  dismissed  for  lawful  union  activities. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Labor  Code  prohibits  forced 
or  compulsory  labor.  Forced  and  bonded  labor  by  children  is  specifically  prohibited. 
However,  some  financially  desperate  parents  indenture  their  children  to  "agents"  re- 
cruiting farm  hands  or  domestic  workers,  often  on  the  understanding  that  money 
paid  to  the  children  would  be  sent  to  the  parents.  According  to  press  reports,  in 
some  cases,  unscrupulous  individuals  take  the  children  to  neighboring  countries. 
The  Government  has  taken  steps  to  educate  parents  and  to  prevent  such  kidnaping 
of  children.  Also  many  rural  children  are  sent  to  cities  to  live  with  relatives  or  fam- 
ily friends,  often  on  the  understanding  that  in  return  for  performing  domestic 
chores,  they  will  be  given  an  education.  Host  families  do  not  always  honor  their  part 
of  the  bargain  and  abuse  of  child  domestic  servants  occurs.  The  Government  has 
taken  steps  to  curb  abuses. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The 
Labor  Code  prohibits  the  employment  or  apprenticeship  of  children  under  14  years 
of  age  in  any  enterprise.  However,  the  Ministry  of  Labor  enforces  the  code  in  only 
a  limited  manner  (and  then  only  in  the  modem  sector),  due  to  the  lack  of  inspectors. 
To  help  support  their  families,  children  continue  to  work  on  rural  family  farms,  in 
small  businesses,  on  construction  sites  in  urban  areas,  and  as  domestic  servants. 
Children  also  commonly  work  as  street  vendors. 

The  Government  prohibits  forced  and  bonded  labor  by  children,  but  is  unable  to 
enforce  these  prohibitions  except  in  the  modern  sector  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  Government  administratively  sets  mini- 
mum wage  scales  for  a  number  of  occupations.  On  April  10,  the  Government  in- 


16 

creased  the  minimum  wage  by  8  percent  from  $35  (cfa  francs  20,300)  per  month  to 
$38  (cfa  francs  21,924).  The  decision  was  made  in  consultation  with  trade  unions. 
However,  this  increase  is  not  sufficient  to  cover  the  costs  for  food  and  housing  even 
of  a  single  worker.  Many  workers  must  supplement  their  wages  by  subsistence 
farming  or  informal  sector  trade.  Most  workers  in  the  wage  sector,  however,  earn 
more  than  the  minimum  wage. 

The  Labor  Code  establishes  a  workweek  of  from  40  to  46  hours,  depending  on  the 
type  of  work,  and  provides  for  at  least  one  24-hour  rest  period  per  week.  The  au- 
thorities generally  enforce  legal  limits  on  workweeks  in  the  modem  sector.  The 
Labor  Code  establishes  health  and  safety  standards,  but  the  Ministry  of  Labor  does 
not  enforce  them  effectively.  The  Labor  Code  does  not  provide  workers  with  the 
right  to  remove  themselves  from  dangerous  work  situations  without  jeopardy  to  con- 
tinued employment.  The  Ministry  of  Labor  has  the  authority  to  require  employers 
to  remedy  dangerous  work  conditions  but  does  not  do  so  effectively. 


BOTSWANA 

Botswana  is  a  long-standing,  multiparty  democracy.  Constitutional  power  is 
shared  between  the  President,  Sir  Ketumile  Masire,  and  the  44-member,  popularly 
elected  lower  house  of  Parliament.  The  ruling  Botswana  Democratic  Party  (BDP) 
continued  to  dominate  the  National  Assembly,  holding  31  of  44  seats.  The  opposition 
Botswana  National  Front  (BNF)  holds  the  remaining  13  seats.  In  October  1994,  the 
President  was  reelected  in  free  and  fair  elections  for  a  third  5-year  term.  The  Gov- 
ernment respects  the  constitutional  provisions  for  an  independent  judiciary. 

The  civilian  Government  exercises  efTective  control  over  the  security  forces.  The 
military,  the  Botswana  Defense  Force  (BDF),  is  responsible  for  external  security. 
The  Botswana  National  Police  (BNP)  are  responsible  for  internal  security.  Members 
of  the  security  forces  occasionally  committed  human  rights  abuses. 

The  economy  is  market  oriented  with  strong  encouragement  for  private  enter- 
prise. Healthy  diamond  revenues  and  effective  economic  and  fiscal  policies  resulted 
in  improved  growth,  with  the  economy  growing  at  a  robust  annual  rate  of  approxi- 
mately 7  percent  following  a  downturn  from  1991  to  1993.  Per  capita  gross  domestic 
product  was  approximately  $2,800  in  1997.  Over  50  percent  of  the  population  is  em- 
ployed in  the  informal  sector,  largely  subsistence  farming  and  animal  husbandry. 
Rural  poverty  remains  a  serious  problem,  as  does  a  widely  skewed  income  distribu- 
tion. 

The  Constitution  provides  for  citizens'  human  rights,  and  the  Government  gen- 
erally respects  those  rights  in  practice,  although  there  were  some  continuing  prob- 
lems. There  were  credible  reports  that  the  police  sometimes  mistreated  criminal  sus- 
pects in  order  to  obtain  evidence  or  coerce  confessions.  The  authorities  have  taken 
action  in  some  cases  against  persons  responsible  for  abuses.  In  many  instances  the 
judicial  system  did  not  provide  timely  fair  trials  due  to  a  serious  backlog  of  cases. 
Women  continued  to  face  legal  and  societal  discrimination,  and  violence  against 
women  is  a  continuing  problem.  The  Government  met  with  nongovernmental  oi^ani- 
zations  (NGO's)  to  formulate  a  long-term  plan  of  action  to  implement  its  national 
policy  on  women,  which  is  designed  to  address  these  problems.  Some  Batswana,  in- 
cluding groups  not  numbered  among  the  eight  "principal  tribes"  identified  in  the 
Constitution  because  they  live  in  remote  areas,  still  do  not  enjoy  full  access  to  social 
services  and,  in  practice,  are  marginalized  in  the  political  process.  Trade  unions  con- 
tinued to  face  some  legal  restrictions,  and  the  Government  did  not  always  ensure 
that  labor  laws  were  observed  in  practice. 

The  Government  continued  to  address  human  rights  problems.  There  were  in- 
stances of  abuse  by  police,  including  intimidation  of  suspects  to  obtain  evidence  or 
elicit  confessions. 

Parliament  ratified  nine  international  labor  conventions  and  adopted  national 
policies  on  children  and  on  care  of  the  disabled.  However,  the  Government's  1995 
plan  to  construct  a  separate  detention  facility  for  asylum  seekers  whose  refugee 
claims  have  been  rejected  continued  to  be  delayed  pending  resolution  of  a  dispute 
between  two  government  ministries  over  development  of  the  property.  The  facility 
is  referred  to  by  the  Government  as  the  Center  for  Illegal  Immigrants.  Until  the 
Center  is  completed,  refused  asylum  seekers  continue  to  be  detained  in  prison.  Refu- 
gees and  asylum  seekers  refused  under  Botswana's  "first  country  of  asylum"  policy 
are  housed  at  Dukwe  Refugee  Camp. 


17 


RESPECT  FOR  HUMAN  RIGHTS 


Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

Police  continue  to  investigate  the  circumstances  surrounding  the  1996  suffocation 
death  of  a  burglary  suspect  in  which  six  members  of  the  BDF  military  Intelligence 
unit  were  implicated.  Due  to  insufficient  evidence,  no  charges  have  as  yet  been  filed. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  explicitly  forbids  torture,  inhuman,  and  degrading  treatment  or 
punishment.  The  authorities  generally  respect  this  prohibition  in  practice  and,  in 
some  cases,  have  taken  disciplinary  or  judicial  action  against  persons  responsible  for 
abuses.  However,  instances  of  abuse  do  occur.  While  coerced  confessions  are  inad- 
missible in  court,  evidence  gathered  through  coercion  or  abuse  may  be  used  in  pros- 
ecution. There  were  credible  reports  that  police  sometimes  used  intimidation  tech- 
niaues  in  order  to  obtain  evidence  or  elicit  confessions.  In  the  past  police  sometimes 
suiiocated  criminal  suspects  with  a  plastic  bag.  In  general,  however,  beatings  and 
other  forms  of  extreme  physical  abuse  remained  rare. 

Student  riots  in  February  1995  over  police  handling  of  a  ritual  murder  case  re- 
sulted in  some  injuries.  The  Attorney  General's  office  pursued  charges  against  some 
of  the  rioters,  charging  them  with  unlawful  rioting  and  assault.  However,  they  were 
acquitted  in  1997. 

Customary  courts  continued  to  impose  corporeal  punishment  sentences  in  the 
form  of  lashings  on  the  buttocks.  There  were  jieriodic  press  reports  of  floggings,  par- 
ticularly of  young  offenders  in  villages,  imposed  by  customary  courts  for  vandalism, 
theft,  hooliganism,  and  other  infractions.  The  Government  has  refused  to  adopt  a 
motion  submitted  by  the  House  of  Chiefs  to  reinstate  flogging  across  the  back  rather 
than  the  buttocks.  The  House  of  Chiefs  is  an  advisory  body  only. 

Prison  conditions  meet  minimum  international  standards,  although  overcrowding 
is  a  problem.  Women  in  custody  are  placed  in  the  charge  of  female  omcers.  The  Gov- 
ernment permits  visits  by  human  rights  monitors  after  a  detailed  inquiry  procedure. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Under  the  Constitution  "every  person  in 
Botswana"  is  entitled  to  due  process,  the  presumption  of  innocence,  and  freedom 
from  arbitrary  arrest.  The  authorities  respected  these  guarantees  in  practice.  Sus- 
pects must  be  informed  of  their  legal  rights  upon  arrest,  including  the  right  to  re- 
main silent,  to  be  allowed  to  contact  a  person  of  their  choice,  and  generally  to  be 
charged  before  a  magistrate  within  48  hours.  A  magistrate  may  order  a  suspect  held 
for  14  days  through  a  writ  of  detention,  which  may  be  renewed  every  14  days.  Most 
citizens  charged  with  noncapital  offenses  are  released  on  their  own  recognizance; 
some  are  released  with  minimal  bail.  Detention  without  bail  is  highly  unusual,  ex- 
cept in  murder  cases,  where  it  is  mandated. 

Detainees  have  the  right  to  hire  attorneys  of  their  choice. 

Poor  police  training  and  poor  communications  in  rural  villages  make  it  difficult 
for  detainees  to  obtain  legal  assistance,  however,  and  authorities  do  not  always  fol- 
low judicial  safeguards.  The  Government  does  not  provide  counsel  for  the  indigent, 
except  in  capital  cases.  Two  nongovernmental  organizations  (NGO's) — the  Univer- 
sity of  Botswana  Legal  Assistance  Center  and  the  Botswana  Center  for  Human 
Rights — provide  free  legal  services,  but  their  capacity  is  limited.  Constitutional  pro- 
tections are  not  applied  to  illegal  immigrants,  although  the  constitutionality  of  deny- 
ing them  due  process  has  not  been  tested  in  court. 

The  Government  neither  forcibly  repatriates  nor  deports  failed  asylum  seekers, 
but  it  detains  and  incarcerates  them  alongside  convicted  felons  (see  Section  2.d.). 

The  (jovemment  does  not  use  exile  for  political  purposes. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice. 

The  judiciary  consists  of  both  a  civil  court  (including  magistrates'  courts,  a  High 
Court,  and  a  Court  of  Appeal)  and  a  customary  (traditional)  court  system.  The  law 
provides  for  the  right  to  a  fair  trial.  The  civil  courts  remained  unable  to  provide  for 
timely,  fair  trials  in  rnany  cases,  however,  due  to  severe  staffing  shortages  and  a 
backlog  of  pending  cases.  The  courts  are  making  a  major  effort  to  clear  this  backlog, 
especially  in  murder  cases. 

Most  trials  in  the  regular  courts  are  public,  although  trials  under  the  National 
Security  Act  (NSA)  may  be  held  in  secret.  Those  charged  with  noncapital  crimes  are 
tried  without  legal  representation  if  they  cannot  afford  an  attorney.  As  a  result, 
many  defendants  may  not  be  informed  of  their  rights  in  pretrial  or  trial  proceedings. 

Most  citizens  encounter  the  legal  system  through  the  customary  courts,  under  the 
authority  of  a  traditional  leader.  These  courts  handle  minor  offenses  involving  land, 


18 

marital,  and  property  disputes.  In  customary  courts  the  defendant  does  not  have 
legal  counsel  ana  there  are  no  precise  rules  of  evidence.  Tribal  judges,  appointed 
by  the  tribal  leader  or  elected  by  the  community,  determine  sentences,  which  may 
be  appealed  through  the  civil  court  system.  The  quality  of  decisions  reached  in  the 
traditional  courts  varies  considerably.  In  communities  where  chiefs  and  their  deci- 
sions are  respected,  plaintiffs  tend  to  take  their  cases  to  the  customary  court;  other- 
wise, people  seek  justice  in  the  civil  courts. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family.  Home,  or  Correspondence. — The 
Constitution  provides  for  the  protection  of  privacy  and  the  security  of  the  person, 
and  government  authorities  generally  respect  these  rights. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  the  Press. — The  Constitution  provides  for  freedom  of  ex- 
pression, both  individual  and  corporate,  and  the  Government  generally  respects  this 
right  in  practice.  Botswana  has  a  long  tradition  of  vigorous,  candid,  and  unimpeded 
public  discourse. 

The  independent  press  is  small,  but  lively  and  freouently  critical  of  the  Govern- 
ment and  the  President.  It  reports  without  fear  of  closure  or  censorship.  Concern 
was  expressed,  however,  over  proposed  legislation  to  regulate  print  and  broadcast 
media  that  would  have  vested  government  officials  with  considerably  expanded 
power  over  the  press.  Local  and  regional  media  organizations  also  objected  to  the 
80  percent  citizen  ownership  requirement  contained  in  the  proposal.  Government  of- 
ficials agreed  to  review  the  draft  bill  in  consultation  with  media  representatives  be- 
fore submitting  it  to  Parliament. 

The  Government  subsidizes  a  free  daily  newspaper  which  depends  heavily  on  the 
official  Botswana  Press  Agency  (BOPA)  for  its  material.  The  broadcast  media  re- 
main a  government  monopoly,  with  radio  the  most  important  medium  of  information 
in  this  highly  dispersed  society.  Radio  Botswana  follows  government  policies  and 
draws  most  of  its  stories  from  BOPA.  Opposition  leaders  have  access  to  the  radio, 
but  they  complain — with  some  justification — that  their  air  time  is  significantly  lim- 
ited. The  only  television  station  is  privately  owned  and  broadcasts  to  viewers  in  the 
capital  city.  Independent  radio  and  television  from  neighboring  South  Africa  are 
easily  received. 

On  occasion  the  Government  has  taken  steps,  under  loosely  defined  provisions  of 
the  NSA,  to  limit  publication  of  national  security  information. 

Academic  freedom  is  not  restricted. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  are  no  formal  barriers  to  domestic  and  international  travel  or  mi- 
gration. Some  human  rights  organizations  claimed  that  the  Government  pressured 
several  Basarwa  (Bushmen)  communities  within  the  central  Kalahari  Game  Reserve 
(CKGR)  into  relocating  to  partially  built  new  settlements  outside  of  the  Reserve. 
Government  officials  maintained  that  the  "voluntary"  resettlement  was  necessary  in 
order  to  provide  the  Basarwa  with  better  public  services  and  to  avoid  conflicts  be- 
tween wildlife  and  humans  within  the  CKGR.  When  the  Basarwa  arrived  at  the 
new  settlements,  services  and  facilities  were  substandard  or  nonexistent.  Although 
conditions  later  improved,  they  remain  very  basic.  It  is  not  clear  whether  resettled 
Basarwa  would  be  permitted  to  return  to  their  former  villages  inside  the  CKGR 
should  they  choose  to  do  so. 

The  Government  cooperates  with  the  UNHCR  and  other  humanitarian  organiza- 
tions in  assisting  refugees.  Botswana  has  maintained  a  policy  of  considering  reset- 
tlement requests  only  from  refugees  from  bordering  countries.  The  Government  has, 
however,  permitted  failed  asylum  seekers  to  remain  in  the  country  either  at  the 
Dukwe  Refugee  Camp  or  in  jail. 

There  were  no  confirmed  reports  of  forced  return  of  persons  to  a  country  where 
they  feared  persecution.  Refugees  and  asylum  seekers  refused  under  Botswana's 
"first  country  of  asylum"  policy  are  housed  at  Dukwe  Refugee  Camp  until  they  are 
resettled  or  repatriated. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  adult  (21  years  of  age)  suffrage.  The  Bot- 


19 

swana  Democratic  Party  continued  to  dominate  Parliament  following  the  October 
1994  elections,  ensuring  the  reelection  of  BDP  leader  Sir  Ketumile  Masire  as  Presi- 
dent. The  opposition  Botswana  National  Front,  the  only  opposition  party  to  win 
seats,  increased  its  representation  from  3  to  13  seats.  Following  parliamentary  ap- 
proval, the  public  voted  in  a  referendum  held  in  October  to  lower  the  voting  age 
to  18  and  permit  voting  by  absentee  ballots.  Parliament  also  approved  the  constitu- 
tional clarification  limiting  presidential  terms  to  two  5-year  terms.  A  referendum 
was  not  required  to  enact  this  procedural  provision. 

The  House  of  Chiefs,  an  advisory  upper  chamber  of  Parliament  with  limited  pow- 
ers, is  constitutionally  restricted  to  the  eight  "principal  tribes"  of  the  Tswana  nation. 
Consequently,  other  groups  (e.g.,  The  Basarwa  "bushmen,"  Herero,  Kalanga, 
Humbukush,  Baloi,  or  Lozi)  are  not  represented  there.  Given  the  limited  authority 
of  the  House  of  Chiefs,  the  impact  of  excluding  other  groups  of  Botswana  citizens 
is  largely  symbolic,  but  it  is  viewed  as  important  in  principle  by  some  non-Setswana 
speakers.  Members  of  the  National  Assembly  are  required  to  be  able  to  speak  Eng- 
lish. This  restriction  has  never  been  challenged  in  court. 

In  practice,  women  are  underrepresented  in  the  political  process.  Although  women 
constitute  just  over  50  percent  of  the  population,  there  are  only  4  women  among  the 
44  members  of  the  National  Assembly,  and  only  2  female  ministers  in  the  Cabinet. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Domestic  and  international  human  rights  groups  operate  without  government  re- 
striction, investigating  and  publishing  their  findings  on  human  rights  cases.  Govern- 
ment officials  are  generally  cooperative  and  responsive  to  such  inquiries. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  and  Penal  Code  forbid  discrimination  on  the  basis  of  ethnicity, 
nationality,  or  creed,  but  do  not  address  discrimination  based  on  sex.  These  provi- 
sions are  implemented  in  practice  by  the  government  authorities. 

Women. — Violence  against  women,  primarily  beatings,  remains  a  serious  problem. 
Under  customary  law  and  in  common  rural  practice  men  have  the  right  to  "chastise" 
their  wives.  Statistics  are  believed  to  underreport  the  levels  of  abuse  against 
women.  Police  are  rarely  called  to  intervene  in  cases  of  domestic  violence.  The  Attor- 
ney General's  office  attributed  an  increase  in  the  number  of  reported  domestic  vio- 
lence cases,  including  rape,  to  greater  public  awareness  and  improved  legal  protec- 
tion for  victims.  Under  a  law  adopted  by  Parliament  in  all  rape  cases  are  tried  in 
private.  Two  domestic  violence  homicide  cases  are  awaiting  trial  before  the  High 
Court. 

Women  in  Botswana  do  not  have  the  same  civil  rights  as  men.  However,  the  Gov- 
ernment and  relevant  NGO's  met  to  formulate  a  long-term  plan  of  action  for  imple- 
menting the  National  Policy  on  Women  adopted  in  July  1996.  The  plan  identifies 
six  critical  areas  of  concern,  prioritized  as  follows:  1)  women  and  poverty,  2)  women 
and  powersharing  and  decisionmaking,  3)  education  and  training  of  women,  4) 
women  and  health,  5)  the  girl  child,  and  6)  violence  against  women.  The  Women's 
Affairs  Department  of  the  Ministry  of  Labor  and  Home  Affairs  cosponsored  a  work- 
shop on  a  national  gender  program  to  promote  a  comprehensive  and  integrated  ap- 
proach to  implementing  the  goals  of  the  national  policy  on  women.  Booklets  are 
being  printed  for  distribution  to  the  public.  The  Government  is  also  working  with 
the  United  Nations  Development  Program  to  develop  a  "marketing  plan"  to  ensure 
that  the  gender  program  and  overall  policy  on  women  are  incorporated  into  policy- 
making and  budgeting  and  planning  decisions.  The  plan  also  aims  to  develop  capac- 
ity within  the  Government  and  NGO's  to  implement  the  program  and  overall  policy. 
In  April  female  political  leaders  in  conjunction  with  a  local  NGO  launched  the  Bot- 
swana Caucus  for  Women  Councillors  and  Parliamentarians  to  work  for  equal  rep- 
resentation of  men  and  women  in  local  government  and  Parliament,  both  as  elected 
members  and  as  participating  citizens. 

A  number  of  otner  laws,  many  of  which  are  attributed  to  traditional  practices,  re- 
strict civil  and  economic  opportunities  for  women.  A  woman  married  in  "common 
property"  is  held  to  be  a  legal  minor,  requiring  her  husband's  consent  to  buy  or  sell 
property,  apply  for  credit,  and  enter  into  legally  binding  contracts.  Under  a  law 
adopted  by  Parliament,  women  married  in  "community  of  property"  are  now  per- 
mitted to  own  immovable  property  in  their  own  name;  however,  their  husbands  still 
retain  considerable  control  over  jointly-held  assets  of  the  marriage.  In  community 
of  property,  property  is  jointly  owned  by  the  couple,  but  the  right  to  manage  it  is 
almost  exclusively  reserved  to  the  husband.  The  law  adopted  in  1996  was  a  step  to- 


20 

ward  equalizing  a  husband's  and  a  wife's  legal  control  over  property  held  in  commu- 
nity of  property.  ,  .        «  r 

Women  nave,  and  are  increasingly  exercising,  the  right  to  marriage  out  of  com- 
mon property,"  in  which  case  they  retain  their  full  legal  rights  as  adults.  Polygyny 
is  still  legal  under  traditional  law  and  with  the  consent  of  the  first  wife,  but  it  is 
rarely  practiced.  Consultants  have  been  reviewing  existing  laws  to  identify  provi- 
sions that  may  discriminate  against  women  and  plan  to  submit  a  report  to  the  Min- 
istry of  Labor  and  Home  Affairs  next  year. 

Well-trained  urban  women  enjoy  growing  entry  level  access  to  the  white  collar  Job 
market,  but  the  number  of  opportunities  (fecreases  sharply  as  they  rise  in  seniority. 
Discrimination  against  women  is  most  acute  in  rural  areas  where  women  work  pri- 
marily in  subsistence  agriculture. 

A  number  of  women's  organizations  have  emerged  to  promote  the  status  of 
women.  The  Government  has  entered  into  a  dialog  with  many  of  these  groups. 
While  some  women's  rights  groups  reportedly  felt  that  the  Government  has  been 
slow  to  respond  concretely  to  their  concerns,  women's  NGO's  say  that  they  are  en- 
couraged by  the  direction  of  change  and  by  the  increasingly  collaborative  relation- 
ship with  government  authorities.  Within  the  Ministry  of  Labor  and  Home  Affairs, 
the  Women's  Affairs  unit,  which  is  charged  with  handling  women's  issues,  was  up- 
graded from  a  division  to  a  department. 

Children. — The  Government  provides  7  years  of  primary  education  for  children  al- 
though it  is  not  compulsory.  The  rights  of  children  are  addressed  in  the  Constitution 
and  the  1981  Children's  Act.  Under  the  act  Botswana  has  a  court  system  and  social 
service  apparatus  designed  solely  for  juveniles.  There  is  no  societal  pattern  of  abuse 
against  children,  although  incest  and  other  forms  of  child  abuse  have  recently  re- 
ceived increased  attention  from  the  media  and  from  local  human  rights  groups.  The 
Government  launched  a  10-year  program  of  action  for  children  in  1997,  incorporat- 
ing the  seven  major  global  goals  identified  at  the  1990  U.N.  World  Summit  for  Chil- 
dren. In  addition,  the  Ministry  of  Labor  and  Home  Affairs  is  reviewing  laws  pertain- 
ing to  children  to  align  them  with  the  U.N.  Convention  on  the  Rights  of  the  Child. 

People  With  Disabilities. — The  Government  does  not  discriminate  on  the  basis  of 
physical  or  mental  disability,  although  employment  opportunities  for  the  disabled 
remain  limited.  The  Government  does  not  require  accessibility  to  public  buildings 
and  public  conveyances  for  People  with  disabilities,  and  the  NGO  community  has 
only  recently  begun  to  address  the  needs  of  the  disabled.  In  February  Parliament 
adopted  a  national  policy  that  provides  for  integrating  the  needs  of  disabled  persons 
into  all  aspects  of  government  policy-making.  The  Government  funded  NGO's  pro- 
viding rehabilitation  services  and  supported  small-scale  work  projects  by  disabled 
workers. 

National  / Racial  / Ethnic  Minorities. — The  Tswana  majority,  of  which  the  Constitu- 
tion recognizes  eight  principal  tribes,  has  a  tradition  of  peacefully  coexisting  with 
"minor"  tribes.  Each  of  the  eight  principal  tribes  is  represented  in  the  advisory 
House  of  Chiefs,  while  the  other  groups  are  permitted  only  a  subchief,  who  is  not 
a  member  of  the  House.  Other  than  the  lack  of  schooling  in  their  own  language  and 
representation  in  the  House  of  Chiefs,  Botswana's  Bantu  minorities  and  nonindige- 
nous  minorities,  such  as  the  white  and  Asian  communities,  are  not  subject  to  dis- 
crimination. However,  the  nomadic  Basarwa  remain  marginalized;  they  have  lost  ac- 
cess to  their  traditional  land  and  are  vulnerable  to  exploitation.  Their  isolation,  ig- 
norance of  civil  rights,  and  lack  of  representation  in  local  or  national  government 
have  stymied  their  progress. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  of  associa- 
tion. In  practice  all  workers,  with  the  exception  of  government  employees,  are  free 
to  join  or  organize  unions  of  their  own  choosing.  Government  workers  may  form  as- 
sociations that  function  as  quasi-unions  but  without  the  right  to  negotiate  wages. 
The  industrial  or  wage  economy  is  small,  and  unions  are  concentrated  largely  in  the 
mineral  and  to  a  lesser  extent  in  the  railway  and  banking  sectors.  There  is  only  one 
major  confederation,  the  Botswana  Federation  of  Trade  Unions  (BFTU),  but  there 
are  no  obstacles  to  the  formation  of  other  labor  federations. 

The  Government  ratified  nine  International  Labor  Organization  (ILO)  conventions 
in  1997,  including  five  characterized  by  the  ILO  as  core  human  rights  conventions. 

Unions  are  independent  of  the  Government  and  are  not  closely  allied  with  any 
political  party  or  movement.  Unions  may  employ  administrative  staff,  but  the  law 
requires  elected  union  officials  to  work  full  time  in  the  industry  the  union  rep- 
resents. This  severely  limits  union  leaders'  professionalism  and  effectiveness  and 
has  been  criticized  by  the  International  Confederation  of  Free  Trade  Unions 
(ICFTU). 


21 

The  law  also  severely  restricts  the  right  to  strike.  Legal  strikes  are  theoretically 
possible  after  an  exhaustive  arbitration  process,  but  in  practice  none  of  the  country's 
strikes  to  date  has  been  legal. 

Unions  may  join  international  organizations,  and  the  BFTU  is  affiliated  with  the 
ICFTU.  The  Minister  of  Labor  must  approve  any  affiliation  with  an  outside  labor 
movement,  but  unions  may  appeal  to  the  courts  if  an  application  for  affiliation  is 
refused. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — ^The  Constitution  provides  for 
collective  bargaining  for  unions  that  have  enrolled  25  percent  of  a  labor  force.  In 
reality  only  the  mineworker  unions  have  the  organizational  strength  to  engage  in 
collective  bargaining. 

Workers  may  not  oe  fired  for  union-related  activities.  Dismissals  may  be  appealed 
to  labor  officers  or  civil  courts,  but  labor  offices  rarely  do  more  than  order  2-months' 
severance  pay. 

Botswana  has  only  one  export  processing  zone — in  the  town  of  Selebi-Phikwe — 
which  is  subject  to  the  same  labor  laws  as  the  rest  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  constitutional  provision  pro- 
hibiting forced  or  bonded  labor  applies  to  all  citizens,  although  its  application  to 
children  is  not  specified.  There  were  no  reports  of  forced  or  bonded  labor. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment  of  Chil- 
dren.— ^Although  education  is  not  compulsory,  the  Government  provides  7  years  of 
free  primaiy  education  to  every  child,  and  most  children  take  advantage  of  this  op- 
portunity. Only  an  immediate  family  member  may  employ  a  child  13-years-old  or 
younger,  and  no  juvenile  under  15  years  may  be  employed  in  any  industry.  Only 
persons  over  16  years  may  be  hired,  to  perform  night  work,  and  no  person  under 
16  years  is  allowed  to  perform  hazardous  labor,  including  mining.  District  and  mu- 
nicipal councils  have  child  welfare  divisions  which  are  responsible  for  enforcing 
child  labor  laws.  The  constitutional  provision  prohibiting  forced  or  bonded  labor  ap- 
plies to  all  citizens,  although  its  application  to  children  is  not  specified  (see  Section 
6.C.).  Because  research  on  the  issue  of  child  labor  is  limited,  it  is  difficult  to  state 
whether  child  labor  laws  are  effectively  enforced.  Child  labor  is  not  perceived  to  be 
a  significant  problem.  The  high  level  of  primary  and  junior  school  attendance,  cou- 
pled with  the  (jovernment's  policy  of  increasing  the  number  of  schools  so  as  to  ac- 
commodate more  pupils  for  a  greater  number  of  years  is  a  good  indicator  of  dedica- 
tion in  principle  and  practice  to  deterring  child  labor. 

e.  Acceptable  Conditions  of  Work. — The  minimum  daily  wage  for  full  time  labor 
is  $3.50  (12.7  pula),  which  is  less  than  50  percent  of  what  the  Government  cal- 
culates is  necessary  to  meet  the  basic  needs  of  a  family  of  five.  The  Ministry  of 
Labor  is  responsible  for  enforcing  the  minimum  wage,  and  each  of  the  country's  dis- 
tricts has  at  least  one  labor  inspector.  The  Ministry  of  Labor  referred  91  trade  dis- 
putes to  the  Industrial  Court  in  1997. 

Formal  sector  jobs  almost  always  pay  well  above  minimum  wage  levels.  Informal 
sector  employment,  particularly  in  the  agricultural  and  domestic  service  sectors 
where  housing  and  food  are  included,  frequently  pay  below  the  minimum  wage.  The 
Ministry  of  Labor  recommends  a  monthly  minimum  wage  of  $69  (250  pula)  for  do- 
mestics, but  this  is  not  mandatory.  Illegal  immigrants,  primarily  Zambians  and 
Zimbabweans,  are  easily  exploited  as  they  would  be  subject  to  deportation  if  they 
filed  grievances  against  employers. 

Botswana  law  permits  a  maximum  48-hour  workweek,  exclusive  of  overtime 
which  is  payable  at  time  and  a  half  for  each  additional  hour.  Most  modem  private 
and  public  sector  jobs  are  on  the  40-hour  workweek. 

Workers  who  complain  about  hazardous  conditions  cannot  be  fired.  The  Govern- 
ment's institutional  ability  to  enforce  its  workplace  safety  legislation  remains  lim- 
ited, however,  by  inadequate  staffing  and  unclear  jurisdictions  between  difTerent 
ministries.  Nevertheless,  worker  safety  is  generally  provided  for  by  employers,  with 
the  occasionally  notable  exception  of  the  construction  industry. 


BURKINA  FASO 

President  Blaise  Compaore  continued  to  dominate  the  Government  of  the  Fourth 
Republic,  assisted  by  members  of  his  party,  the  Congress  for  Democracy  and 
Progress  (CDP).  In  spite  of  the  existence  of  dozens  of  political  parties,  there  is  little 
viable  opposition  to  the  President  and  his  Government.  In  legislative  elections  in 
May,  44  percent  of  eligible  citizens  voted  and  gave  the  CDP  control  of  101  of  111 
seats  in  Parliament.  A  delegation  from  the  International  Assembly  of  Francophone 
Parliamentarians  considered  the  election  to  be  substantially  free  and  fair;  however. 


22 

a  collective  of  14  local  nongovernmental  organizations  (NGO's)  gave  a  more  mixed 
review,  describing  the  elections  as  peaceful  and  orderly,  but  also  marked  by  general- 
ized and  systematic  corruption  ana  marred  by  voter  list  irregularities.  In  December 
1995,  the  constitutionally  mandated  (though  purely  consultative)  second  chamber  of 
Parliament  was  installed,  completing  the  government  structure  envisaged  in  the 
1991  Constitution.  The  Constitution  provides  for  an  independent  judiciary;  however, 
it  is  subject  to  executive  influence. 

The  security  apparatus  consists  of  the  armed  forces,  the  paramilitary  gendar- 
merie, controlled  by  the  Ministry  of  Defense,  and  the  police,  controlled  by  the  Min- 
istry of  Territorial  Administration.  Some  members  of  the  security  forces  committed 
human  rights  abuses. 

Over  80  percent  of  the  population  of  10  million  engages  in  subsistence  agriculture. 
Frequent  drought,  and  limited  communication  and  transportation  infrastructures,  in 
addition  to  a  77  percent  illiteracy  rate,  are  longstanding  problems.  The  50  percent 
devaluation  of  the  cfa  franc  in  1994  made  imports  more  expensive  for  salaried  worii- 
ers  and  civil  servants,  but  improved  the  competitiveness  of  livestock  and  cotton  ex- 
ports. Since  1991  the  Government  has  adopted  a  series  of  structural  adjustment  pro- 
grams that  are  designed  to  open  the  economy  to  market  forces  and  to  reduce  govern- 
ment deficits,  while  shifting  resources  to  the  education  and  health  sectors.  In  recent 
years,  the  country  has  registered  strong  gains  in  life  expectancy,  literacy,  and  school 
attendance  rates,  although  it  remains  a  very  poor  country  with  annual  per  capita 
income  about  $220. 

The  Government's  human  rights  record  improved  somewhat,  but  serious  problems 
remain  in  several  areas.  Despite  the  May  elections.  President  Campaore's  continued 
dominance  limited  citizens'  right  to  change  their  government.  The  security  forces 
continued  to  mistreat  detainees,  and  prison  conditions  remained  harsh.  Arbitrary 
detention  was  a  problem,  and  authorities  did  not  ensure  detainees  due  process.  A 
general  climate  of  impunity  for  members  of  the  security  forces,  along  with  the  lack 
of  progress  in  identifying  or  punishing  those  responsible  for  serious  abuses  commit- 
ted in  previous  years,  continued  to  tarnish  the  Government's  record.  Courts  are  sub- 
ject to  executive  influence,  and  authorities  do  not  ensure  fair  trials.  The  media  prac- 
tices self-censorship.  In  March  the  Council  on  Information  ordered  the  director  of 
a  popular  radio  call-in  show,  whose  participants  were  often  critical  of  government 
officials,  to  suspend  the  show  until  additional  regulations  to  the  1995  code  governing 
radio  broadcasting  were  released.  In  October  the  Government  tightened  regulations 
governing  public  demonstrations  and  increased  jsenalties  for  violations.  Societal  dis- 
crimination against  women  persists.  Violence  against  women  and  children,  particu- 
larly female  genital  mutilation  (FGM),  remained  a  problem,  although  the  Govern- 
ment passed  legislation  making  FGM  a  crime.  The  Government  has  taken  steps  to 
educate  citizens  about  the  dangers  of  this  practice.  Killings  of  criminal  suspects  by 
vigilante  mobs  remained  a  problem,  but  apparently  decreased. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing.— There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

There  was  no  progress  made  in  punishing  those  responsible  for  abuses  committed 
in  past  years.  The  major  problem  with  law  enforcement  remains  a  general  climate 
of  impunity  for  human  rights  abusers  fostered  by  the  habitual  failure  of  the  Govern- 
ment's investigations  to  result  in  guilty  findings  and  appropriate  sanctions.  Inquir- 
ies tend  to  drag  on  until  they  are  overshadowed  by  subsequent  incidents  or  quietly 
shelved.  Appeals  by  human  rights  organizations  generally  go  unanswered.  This  fail- 
ure to  prosecute  previous  abuses  remains  a  major  hindrance  to  further  human 
rights  progress. 

The  May  1996  incident  in  which  members  of  the  police  in  the  town  of  Reo  shot 
and  killed  an  unarmed  villager  during  an  operation  to  fine  owners  of  unregistered 
vehicles  remained  unresolved.  An  official  investigation  into  the  1995  shooting  to 
death  of  two  unarmed  high  school  demonstrators  in  Garango  has  yielded  no  results. 
Investigation  of  the  1994  savage  beating  of  two  prisoners,  who  later  died  at  the 
Maco  prison  in  Ouagadougou,  ended  without  calling  for  the  punishment  of  those  re- 
sf^nsiole.  There  were  no  further  developments  regarding  the  1994  corruption  scan- 
dal that  led  to  the  death  in  custody  of  two  suspects  under  suspicious  circumstances. 

To  date  the  authorities  have  provided  no  explanation  of  the  death  of  Doin  Redan, 
who  was  found  dead  in  1994  a  day  after  being  detained  by  police.  The  Government 
continued  to  make  no  real  effort  to  investigate  the  fate  of  a  Ghanaian  detainee  re- 
portedly killed  in  1993  while  in  police  custody.  International  and  local  human  rights 
groups  pressured  the  official  commission  investigating  the   1991   assassination  of 


23 

Clement  Ouedraogo,  a  prominent  opposition  leader,  to  submit  a  report  of  prelimi- 
nary findings  to  the  Prime  Minister.  The  report  has  not  been  made  public  and  the 
case  remains  open,  as  do  the  cases  of  the  1989  "disappearance  of  professor 
Guillaume  Sessouma,  detained  for  allegedly  participating  in  a  coup  plot,  and  of  med- 
ical student  Dabo  Boukary  in  1990,  detained  following  student  demonstrations. 
Credible  reports  indicated  that  security  forces  tortured  and  killed  both  men.  The 
Government  failed  to  respond  to  students'  calls  for  information  on  Boukarys  death, 
which  was  included  in  a  list  of  demands  issued  during  the  university  strikes  that 
began  in  February. 

There  were  some  killings  of  criminal  suspects  by  vigilante  mobs,  but  apparently 
fewer  than  in  recent  years.  A  major  independent  daily  reported  on  only  one  such 
killing  this  year,  which  occurred  in  Ouagadougou. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
While  legally  prohibited,  mistreatment  of  detainees,  oiten  to  extract  confessions,  has 
been  documented  for  a  number  of  years.  There  are  credible  reports  that  officials  at 
Maco  prison  continue  to  employ  de^ading  treatment.  The  Giovernment  is  not  known 
to  have  taken  any  disciplinary  action  against  those  responsible,  and  the  climate  of 
impunity  created  by  the  Government's  failure  to  prosecute  abusers  remains  the  larg- 
est obstacle  to  ending  abuses. 

Prison  conditions  are  harsh,  overcrowded,  and  can  be  life  threatening.  The  federal 
prison  in  Bobo-Dioulasso,  built  in  1947,  houses  about  1,000  prisoners,  although  de- 
signed to  hold  less  than  half  that  number.  There  are  separate  facilities  for  men, 
women,  and  children.  The  prison  diet  is  poor,  and  inmates  must  often  rely  on  sup- 
plemental food  from  relatives. 

According  to  human  rights  monitors,  prison  visits  are  granted  at  the  discretion 
of  prison  authorities.  Permission  is  routinely  granted,  and  advance  permission  is  not 
reauired. 

Q.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  provides  for  the  right 
to  expeditious  arraignment  and  access  to  legal  counsel,  and  the  law  limits  detention 
for  investigative  purposes  without  charge  to  a  maximum  of  72  hours,  renewable  for 
a  single  48-hour  period.  In  practice,  however,  police  rarely  observe  these  provisions. 
The  average  time  of  detention  without  charge  is  1  week. 

On  January  31,  police  dispersed  a  student  march  in  the  capital  that  was  protest- 
ing the  condition  of  dormitories,  classrooms,  and  the  levels  of  scholarships.  Police 
used  tear  gas  and  rubber  bullets  against  the  protesters,  arrested  approximately  30 
students,  and  detained  them  until  February  4  (see  Section  2.b.). 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary; however,  in  practice  it  is  subject  to  executive  influence.  The  President  has  ex- 
tensive appointment  and  other  judicial  powers.  The  Constitution  stipulates  that  the 
Head  of  State  is  also  the  President  of  the  Superior  Council  of  the  Magistrature, 
which  nominates  and  removes  some  high-ranked  magistrates  and  can  examine  the 
performance  of  individual  magistrates. 

The  Constitution  provides  that  the  Supreme  Court  is  the  highest  court  in  the 
country.  Beneath  it  are  2  courts  of  appeal  and  10  provincial  courts  ("de  grande  in- 
stance ")•  There  is  also  a  High  Court  oi  Justice,  with  jurisdiction  to  try  the  President 
and  senior  government  officials  for  treason  and  other  serious  crimes.  In  1995  the 
National  Assembly  passed  legislation  reforming  the  military  court  system,  making 
military  courts  less  susceptible  in  principle  to  executive  manipulation,  however, 
their  independence  has  not  yet  been  demonstrated. 

In  1994  the  Government  announced  the  creation  of  the  Ofiice  of  Ombudsman, 
called  "Mediateur  du  Faso."  Retired  general  Marc  Garango  was  appointed  to  the  po- 
sition, which  is  responsible  for  mediating  disputes  between  the  State  and  its  citi- 
zens. In  March  the  mediator  negotiated  an  agreement  to  end  a  student  strike  after 
the  Prime  Minister's  efforts  to  broker  an  accord  between  the  students  and  authori- 
ties failed.  In  addition  to  the  formal  judiciary,  customary  or  traditional  courts,  pre- 
sided over  by  village  chiefs,  handle  many  neighborhood-  and  village-level  problems, 
such  as  divorce  and  inheritance  disputes.  These  decisions  are  generally  respected  by 
the  population,  but  citizens  may  also  take  a  case  to  a  formal  court. 

The  Constitution  provides  for  the  right  to  public  trial,  access  to  counsel,  and  has 
provisions  for  bail  and  appeal.  While  these  rights  are  generally  respected,  the  ability 
of  citizens  to  obtain  a  fair  trial  remains  circumscribed  by  ignorance  of  the  law  (77 
percent  of  the  population  is  illiterate)  and  by  a  continuing  shortage  of  magistrates. 
Amendments  to  tne  Penal  Code  to  make  it  more  relevant  to  modem  requirements, 
such  as  the  revision  making  FGM  a  crime,  were  adopted  by  Parliament  during  its 
last  session  in  1996  and  entered  into  efiect  early  in  the  year. 

There  were  no  reports  of  political  prisoners. 


24 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  these  rights,  and,  in  practice,  the  authorities  generally  do 
not  interfere  in  the  daily  lives  of  ordinary  citizens.  In  national  security  cases,  how- 
ever, a  special  law  permits  surveillance,  searches,  and  monitoring  of  telephones  and 
grivate  correspondence  without  a  warrant.  By  law  and  under  normal  circumstances, 
omes  may  be  searched  only  with  the  authoritv  of  a  warrant  issued  by  the  Minister 
of  Justice.  Except  in  certain  cases,  such  as  nouses  of  prostitution  and  gambling 
dens,  such  warrants  must  be  executed  during  "legal  hours,"  defined  as  between  6 
a.m.  and  9  p.m. 
Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  1991  Constitution  provides  for  freedom  of 
speech  and  of  the  press.  In  practice,  however,  these  freedoms  still  remain  cir- 
cumscribed by  a  certain  degree  of  self-censorship.  The  President  and  his  Govern- 
ment remain  sensitive  to  criticism.  Provisions  in  the  Code  granting  the  Government 
strong  legal  powers  to  intimidate  the  press  through  a  broad  interpretation  of  defa- 
mation were  removed  in  December  1993.  As  a  result,  journalists  charged  with  libel 
now  may  defend  themselves  in  court  by  presenting  evidence  in  support  of  their  alle- 
gations. Perhaps  as  a  consequence,  the  independent  press  continued  to  exercise 
greater  freedom  of  expression. 

In  February  the  director  of  a  popular  independent  radio  station  received  verbal 
instructions  from  government  officials  who  demanded  that  a  popular  call-in  show 
whose  listeners  often  voiced  opinions  critical  of  the  Government  be  taken  off  the  air. 
He  was  also  attacked  by  two  armed  thugs  who  identified  themselves  as  ruling  party 
members.  In  March  the  Government  sent  written  orders  to  suspend  the  program 
until  additional  regulations  to  the  existing  1995  code  governing  radio  broadcasting 
were  written  and  enacted.  The  director  complied,  and  the  program  was  taken  off  the 
air.  The  Government  has  yet  to  publish  the  new  regulations,  and  the  program  re- 
mains off  the  air. 

In  July  the  Government  divided  a  $170,000  grant  among  20  independent  radio 
stations  and  publications,  including  some  critical  of  the  Government,  after  they  had 
been  invited  to  send  a  list  of  needs  to  a  10-member  selection  committee  chaired  by 
the  F^resident  of  the  Association  of  Independent  Broadcasters. 

The  independent  press  includes  six  dailies,  a  dozen  weekly  newspapers,  and  a 
monthly  news  magazine.  Although  the  official  media,  including  the  daily  newspaper 
Sidwaya,  the  national  radio,  and  the  national  television,  display  progovemment  em- 
phasis, the  presence  of  independent  competition  led  government  media  to  give  more 
coverage  to  the  political  opposition  during  the  May  parliamentary  campaign.  There 
are  a  dozen  thriving  independent  radio  stations,  one  with  eight  branches,  and  one 
private  television  station. 

Academic  freedom  is  respected. 

b.  Freedom,  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  and  the  Government  generally  respected  this  right  in  practice. 
Political  parties  and  labor  unions  have  usually  been  allowed  to  hold  meetings  and 
rallies  without  requesting  government  permission  since  early  1990.  In  October  the 
National  Assembly  passed  a  law  to  replace  an  existing  1992  regulating  public  dem- 
onstrations. The  new  law  requires  that  authorities  be  notified  in  advance  of  planned 
demonstrations  and  gives  the  executive  the  right  to  use  reasons  of  public  order  to 
forbid  demonstrations.  In  addition  penalties  for  violations  are  increased  from  6 
months  to  5  years  to  2  to  5  years.  Permits,  however,  must  be  obtained  from  munici- 
pal authorities  for  political  marches.  Applicants  must  indicate  date,  time,  duration, 
and  itinerary  of  the  march  or  rally,  and  authorities  may  alter  or  deny  requests  on 
grounds  of  public  safety.  Denials  or  modifications  may  be  appealed  before  the  courts. 

On  January  31,  police  dispersed  students  protesting  in  the  capital,  using  tear  gas 
and  rubber  bullets.  Police  arrested  approximately  30  students  and  detained  them 
until  February  4. 

The  Constitution  provides  for  freedom  of  association,  and  the  Government  gen- 
erally respects  this  right  in  practice.  Since  early  1990,  political  parties  and  labor 
unions  have  usually  been  permitted  to  organize  and  hold  meetings  and  rallies  with- 
out seeking  government  permission. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  Burkina  Faso  is  a  secular  state.  Islam, 
Christianity,  and  traditional  religions  operate  freely  without  government  inter- 
ference. Neither  social  mobility  nor  access  to  modern  sector  jobs  are  linked  to,  or 
restricted  by,  religious  affiliation. 

d.  Freedom  of  Movement  Within  the  Country,  Foreien  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  ofmovement,  and  authorities  re- 
spect this  right  in  practice.  Gendarmes  routinely  stop  travelers  within  the  country 


25 

for  identity  and  customs  checks  and  the  levying  of  road  taxes  at  police  and  military 
checkpoints.  There  is  no  restriction  on  foreign  travel  for  business  or  tourism. 

Refugees  are  accepted  freely.  The  Government  provides  first  asvlum  and  contin- 
ued to  provide  it  to  refugees  from  neighboring  countries,  primarily  from  Mali  and 
Niger.  The  Government  cooperates  with  the  onice  of  the  United  Nations  High  Com- 
missioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting 
refugees.  In  February  the  Government  and  UNHCR  ofTicials  reached  an  accord  on 
the  repatriation  and  resettlement  of  the  25,000  Tuareg  refugees  and  on  the  UNHCR 
timetaole  for  terminating  all  food  distribution  to  Tuaregs  living  in  the  northernmost 
camps  by  December  31.  Following  the  final  convoy  in  August  of  some  400  repatriat- 
ing Nigerien  Tuaregs,  the  UNHCR  concluded  its  assistance  program  for  mgerien 
Tuaregs.  Over  170,000  Malian  refugees  have  repatriated.  The  last  group  of  'niareg 
refugees  living  in  the  country  was  returned  to  Mali  on  December  8  under  the  aus- 
pices of  the  UNHCR.  On  December  15,  the  Government  officially  closed  all  refugee 
camps.  At  year's  end,  those  refugees  who  opted  to  remain  in  the  country  were  being 
registered  by  local  authorities  and  were  to  be  treated  according  to  regulations  of  the 
Economic  Community  of  West  African  States.  There  were  no  reports  of  forced  return 
of  persons  to  a  country  where  they  feared  persecution.  There  were  no  reports  of 
forced  expulsion  of  those  having  a  valid  claim  to  refugee  status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  constitutional  right  to  change  their  government  through 
multiparty  elections.  However,  in  practice,  they  are  unable  to  exercise  this  right 
fully  due  to  the  continued  dominance  of  the  President  and  his  ruling  party.  In  May 
44  percent  of  eligible  voters  went  to  the  polls  and  gave  the  ruling  CDP  101  out  of 
111  parliamentary  seats  in  an  election  that  international  observers  described  as 
substantially  free  and  fair;  however,  a  collective  of  14  local  NGO's  described  the 
elections  as  peaceful  and  orderly,  but  marked  by  generalized  and  systematic  corrup- 
tion and  marred  by  voter  list  irregularities.  The  Supreme  Court  annulled  the  results 
in  four  constituencies  because  of  these  irregularities.  (The  ruling  party  won  all  four 
seats  in  the  subsequent  elections.  The  14  NGO  collective  cited  similar  voting  irreg- 
ularities in  these  subsequent  elections  as  well).  The  victory  reflected  both  general 
support  for  policies  of  the  governing  party  and  a  lack  of  viable  opposition  alter- 
natives. Presidential  elections  are  scheduled  to  be  held  in  1998. 

The  Compaore  Government  includes  a  strong  presidency,  a  prime  minister,  a 
council  of  ministers  presided  over  by  the  President,  a  two-chamber  National  Assem- 
bly, and  the  judiciary.  The  legislature  is  independent,  but  it  remains  susceptible  to 
external  influence  from  the  executive  branch. 

In  January  during  its  first  session,  the  CDP-dominated  National  Assembly 
amended  the  Constitution  to  allow  a  president  to  run  for  an  unlimited  number  of 
terms.  Previously,  the  Constitution  had  restricted  the  mandate  to  two  7-year  terms. 

There  are  no  restrictions  in  law  or  practice  on  the  participation  of  women  or  mi- 
nority group  members  in  politics.  However,  women  are  underrepresented  in  posi- 
tions of  responsibility;  4  of  the  29  ministers  and  10  of  the  111  National  Assembly 
deputies  are  women.  The  President  of  the  Social  and  Economic  Council  is  a  woman. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government's  attitude  toward  local  human  rights  organizations  has  been 
mixed.  According  to  activists,  the  Government  did  not  interfere  with  the  activities 
of  any  such  group  this  year,  including  the  Burkinabe  Movement  for  Human  Rights 
(MBDHP),  an  independent  group  with  representation  in  all  45  provinces.  The  Gov- 
ernment helped  the  human  rights  organization  Gerddes  sponsor  a  seminar  in  July 
on  building  democracy  within  the  military.  However,  the  Government  has  failed  to 
answer  inquiries  from  international  human  rights  organizations  concerning  past 
abuses.  Amnesty  International  is  still  awaiting  the  results  of  the  government  in- 
quiry into  the  1995  killings  in  Garango,  but  the  Government  has  not  responded  to 
Al's  request  for  information. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  the  basis  of  race,  religion,  or  ethnic 
origin.  Minority  ethnic  groups  are,  like  the  majority  Mossi,  represented  in  the  inner 
circles  of  the  Gk)vemment,  and  government  decisions  do  not  favor  one  group  over 
another. 

Women. — Violence  against  women,  especially  wife  beating,  occurs  occasionally. 
Cases  of  wife  beating  are  usually  handled  through  customary  law  and  practice. 
There  are  no  statistics  on  rape,  although  it  is  recognized  as  a  crime.  Spousal  rape 


26 

is  not  discussed.  There  are  organizations  that  counsel  rape  victims,  including  Catho- 
lic and  Protestant  missions,  the  Association  of  Women  Jurists  in  Burkina,  the 
Burkinabe  Movement  for  Human  Rights  (MBDHP),  Association  of  Women,  and 
Promofemmes,  a  regional  network  that  works  to  combat  violence  against  women. 
The  Government  is  attempting  to  change  attitudes  toward  women,  using  education 
through  the  media.  The  Penal  Code  explicitly  prohibits  sexual  harassment,  but  has 
no  special  laws  protecting  women  against  violence  other  than  general  laws  dealing 
with  violence  . 

The  Constitution  provides  for  respect  of  human  rights  including  those  of  women, 
but  there  is  no  specific  constitutional  protection  for  women,  who  face  extensive  dis- 
crimination. In  general  women  continue  to  occupy  a  subordinate  position  and  experi- 
ence discrimination  in  such  areas  as  education,  jobs,  property,  and  family  rights. 
Overall,  women  represent  45  percent  of  the  work  force.  In  the  modem  sector,  how- 
ever, women  make  up  one-fourth  of  the  government  work  force,  although  usually  in 
lower  paying  positions.  Women  still  do  much  of  the  subsistence  farming  work.  After 
the  May  parliamentary  elections,  the  Government  created  a  Ministry  of  Women's 
Affairs  and  appointed  a  woman  as  minister. 

Children.— ^he  Constitution  nominally  protects  children's  rights.  The  Government 
has  demonstrated  its  commitment  to  improving  the  condition  of  children  by  adopt- 
ing a  national  policy  to  revitalize  primary  health  care  through  the  privatization  of 
hospitals,  which  provided  greater  autonomy  in  hospital  management.  The  Govern- 
ment has  stated  its  commitment  to  improve  access  to  primary  education  and  as  of 
1996  had  raised  the  literacy  rate  to  23  percent. 

Females  constitute  approximately  one-third  of  the  total  student  population  in  the 
primary  school  system  and  are  represented  in  the  secondary  and  higher  educational 
systems  although  the  percentage  decreases  dramatically  beyond  the  primary  level. 
&;hools  in  rural  areas  have  disproportionately  fewer  female  students  than  schools 
in  urban  areas.  The  Government  has  set  up  a  scholarship  program  for  female  sec- 
ondary students  to  encourage  them  to  stay  in  school. 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  still  widely 
practiced,  especially  in  many  rural  areas,  and  is  usually  performed  at  an  early  age. 
The  percentage  of  females  who  have  undergone  this  procedure  may  be  as  high  as 
70  percent.  The  Government  has  made  a  strong  commitment  to  eradicate  FGM 
through  educational  eflbrts,  and  a  national  committee  campaigns  against  the  prac- 
tice. The  Penal  Code  was  revised  in  the  last  session  of  Parliament  in  1996  to  make 
FGM  a  crime,  with  stricter  punishment  for  those  involved  in  its  practice.  Perpetra- 
tors are  subject  to  6  months  to  3  years'  imprisonment  and  a  significant  fine.  The 
Government  has  launched  a  sensitization  campaign  regarding  the  deleterious  effects 
of  this  practice.  Another  form  of  mutilation,  scarification  of  the  faces  of  both  boys 
and  girls  of  certain  ethnic  groups,  is  gradually  disappearing. 

People  With  Disabilities. — While  there  are  modest  government  subsidies  for  work- 
shops for  the  disabled,  there  is  no  government  mandate  or  legislation  concerning  ac- 
cessibility for  the  disabled.  There  is  no  legislation  to  protect  people  with  disabilities 
from  discrimination.  Programs  to  aid  the  disabled  are  limited,  but  human  rights 
groups  are  not  aware  of  any  discrimination  against  the  disabled. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  1962  Labor  Code  has  been  amended  several 
times  during  the  past  decade,  most  recently  in  1996.  Under  this  legislation,  workers, 
including  civil  servants,  traditionally  have  enjoyed  a  legal  right  of  association,  which 
is  recognized  under  the  Constitution.  There  are  4  major  labor  confederations  and 
12  autonomous  trade  unions  linked  together  by  a  National  Confederal  Committee. 
They  represent  a  wide  ideological  spectrum;  the  largest  and  most  vocal  member  es- 
pouses Socialist  doctrine.  Essential  workers,  such  as  police,  may  not  join  unions. 

The  Constitution  provides  for  the  right  to  strike,  and  workers  use  strike  actions 
to  achieve  labor  goals.  In  June  the  most  prominent  health  services  union  called  a 
partial  strike  of  emergency  staff  workers.  After  the  Government  questioned  this  ac- 
tion, the  Supreme  Court  ruled  that  the  strike  by  emergency  staff  violated  a  law  pro- 
tecting public  safety,  but  it  did  not  find  illegal  the  union's  right  to  call  a  general 
strike  in  supfx)rt  of  the  emergency  workers  3  weeks  later.  The  strike  ended  after 
a  month  when  the  Government  ana  union  signed  an  agreement. 

Labor  unions  may  affiliate  freely  with  international  trade  unions.  The  National 
Confederation  of  Burkinabe  Workers  (CNTB)  is  affiliated  with  the  Brussels-based 
World  Confederation  of  Labor  (WCL). 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Unions  have  the  right  to  bar- 
gain for  wages  and  other  benefits,  both  directly  with  employers  and  with  industry 
associations.  These  negotiations  are  governed  by  minimums  on  wages  and  other 


27 

benefits  contained  in  the  Interprofessional  Collective  Convention  and  the  Commer- 
cial Sector  Collective  Convention,  which  are  established  with  government  participa- 
tion. If  no  agreement  is  reached,  employees  may  exercise  their  right  to  strike.  Either 
labor  or  management  also  may  refer  an  impasse  in  negotiations  to  labor  tribunals. 
Appeals  may  be  pursued  through  the  Court  of  Appeal  to  the  Supreme  Court,  whose 
decision  is  binding  on  both  parties.  Collective  bargaining  is  extensive  in  the  modem 
wage  sector  but  encompasses  only  a  small  percentage  of  workers. 

The  Labor  Code  prohibits  antiunion  discrimination.  The  Labor  Ministry  handles 
complaints  about  such  discrimination,  which  the  plaintiff  may  appeal  to  a  Labor  Tri- 
bunal. If  the  Tribunal  sustains  the  appeal,  the  employer  must  reinstate  the  worker. 
Union  officials  believe  that  this  system  functions  adequately. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  labor, 
and  it  is  not  practiced. 

The  Government  prohibits  forced  and  bonded  child  labor  but  does  not  enforce  this 
prohibition  effectively.  Children  commonly  work  with  their  parents  in  rural  areas 
or  in  family-owned  small  businesses  in  villages  and  cities. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment prohibits  forced  and  bonded  child  labor  but  does  not  enforce  this  prohibi- 
tion effectively  (see  Section  6.c.).  The  Labor  Code  sets  the  minimum  age  for  employ- 
ment at  14,  the  average  age  for  completion  of  basic  primary  school.  However,  the 
Ministry  of  Employment,  Labor,  and  Social  Security,  which  oversees  labor  stand- 
ards, lacks  the  means  to  enforce  this  provision  adequately,  even  in  the  small  wage 
sector.  Most  children  actually  begin  work  at  an  earlier  age  on  small,  family  subsist- 
ence faims,  in  the  traditional  apprenticeship  system,  and  in  the  informal  sector. 
There  are  no  reports  of  children  under  the  age  of  14  employed  in  either  state  or 
large  private  companies. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  mandates  a  minimum  monthly 
wage,  a  standard  workweek  of  40  hours  with  at  least  one  24-hour  rest  period  for 
nondomestic  workers  and  a  60  hour  workweek  for  household  workers,  and  estab- 
lishes safety  and  health  provisions.  The  minimum  monthly  wage  in  the  formal  sec- 
tor, about  ^5  (cfa  27,089),  does  not  apply  to  subsistence  agriculture,  which  employs 
about  85  percent  of  the  population.  The  Government  last  set  the  minimum  wage  in 
1996.  It  is  not  adequate  for  an  urban  worker  to  support  a  family.  Wage  earners  usu- 
ally supplement  their  income  through  reliance  on  the  extended  family,  subsistence 
agriculture,  or  trading  in  the  informal  sector. 

A  system  of  government  inspections  under  the  Ministry  of  Labor  and  the  Labor 
Tribunals  is  responsible  for  overseeing  health  and  safety  standards  in  the  small  in- 
dustrial and  commercial  sectors,  but  these  standards  do  not  apply  in  the  subsistence 
agricultural  sector.  However,  the  Government's  Labor  Inspector  Corps  does  not  have 
sufficient  resources  to  fulfill  its  duties  adequately.  Every  company  is  required  to 
have  a  work  safety  committee.  If  a  workplace  has  been  declared  unsafe  by  the  gov- 
ernment Labor  Inspection  OfTice  for  any  reason,  workers  have  the  right  to  remove 
themselves  from  dangerous  work  without  jeopardy  to  continued  employment.  In 
practice  there  are  indications  that  this  right  is  respected,  but  such  declarations  are 
relatively  rare. 


BURUNDI 

President  Sylvestre  Ntibantunganya  was  overthrown  in  a  military  coup  on  July 
25,  1996.  The  National  Assembly  and  political  parties  operate  under  significant  con- 
straints. The  regime  headed  by  self-proclaimed  interim  president,  Major  Pierre 
Buyoya,  abrogated  the  1992  Constitution  and  the  1994  Convention  of  Gk)vemment. 
The  Buyoya  regime  promulgated  a  decree  on  September  13,  1996  which  replaced  the 
Constitution  during  the  so-called  Transition  Period.  Under  this  decree,  the  National 
Assembly  does  not  have  the  power  to  remove  the  President  of  the  Republic.  The 
Prime  Minister,  appointed  by  the  President,  replaces  the  President  in  the  event  of 
the  President's  death  or  incapacity.  Under  the  aiarogated  Constitution,  the  President 
of  the  National  Assembly  replaced  the  President.  The  judicial  system  is  controlled 
by  the  Tutsi  minority. 

Buyoya  holds  power  in  conjunction  with  the  Tutsi-dominated  establishment  forces. 
The  country  has  been  engaged  in  a  civil  war  marked  by  ethnic  violence,  which  in- 
cludes fighting  between  the  Tutsi-dominated  army  and  armed  Hutu  rebel  groups. 
The  fighting  has  caused  widespread  civilian  casualties  since  its  beginning  in  Octo- 
ber 1993. 


28 

Security  forces  consist  of  the  armv  and  the  gendarmerie  under  the  Ministry  of  De- 
fense, the  judicial  police  under  the  Ministry  of  Justice,  and  the  Documentation  Serv- 
ice under  the  presidency.  The  army  and  the  security  services  remain  committed  to 
protecting  the  mterests  of  the  Tutsi  minority.  The  security  forces  committed  numer- 
ous, serious,  human  rights  abuses. 

Burundi  is  poor  and  densely  populated,  with  over  four-fifths  of  the  population  en- 
gaged in  subsistence  agriculture.  The  small  modem  sector,  based  largely  on  the  ex- 
port of  coffee  and  tea,  has  been  damaged  by  an  economic  embargo  imposed  by  neigh- 
Doring  states  in  July  1996.  The  ongoing  violence  since  1993  has  caused  severe  eco- 
nomic disruption  and  dislocation.  Xarge  numbers  of  internally  displaced  persons 
have  been  unable  to  produce  their  own  food  crops  and  depend  largely  on  inter- 
national humanitarian  assistance.  Government  efforts  to  privatize  parastatal  enter- 
prises are  at  a  virtual  halt.  Per  capita  national  income  is  estimated  at  less  than 
$200  per  year. 

The  human  rights  situation  remains  poor.  Despite  Buyoya's  avowed  intention  to 
end  abuses  by  the  military  forces,  security  forces  continued  to  commit  numerous,  se- 
rious, human  rights  abuses,  which  the  Government  was  largely  unable  or  unwilling 
to  prevent.  Perpetrators  generally  were  not  punished. 

Military  forces  committed  extrajudicial  killings,  including  massacres  of  unarmed 
civilian  Hutus.  With  their  superior  firepower  and  wide  dispersion,  the  armed  forces 
committed  the  most  widespread  abuses.  Tutsi  civilian  extremists  sometimes  accom- 
panied the  armed  forces  during  operations,  and  the  armed  forces  permitted  them 
to  engage  in  violence  against  Hutus.  There  continued  to  be  numerous  disappear- 
ances. There  were  credible  reports  of  torture  of  prisoners.  Prison  conditions  remain 
life  threatening.  Arbitrary  arrest  and  lengthy  pretrial  detention  are  problems.  The 
court  system  suffers  from  a  lengthy  backlog.  The  dysfunctional  justice  system  could 
not  effectively  address  the  country's  problems  because  of  its  lack  of  independence, 
inefficiency,  administrative  disruption,  and  the  partiality  of  its  Tutsi  officials.  Au- 
thorities infringed  on  citizens'  privacy  rights.  The  Government  controls  nearly  all 
the  media.  The  Government  restricts  freedom  of  assembly  and  prohibits  political 
demonstrations.  The  Government  limits  freedom  of  association.  The  Government 
place  some  restrictions  on  freedom  of  movement. 

According  to  an  international  human  rights  organization,  fewer  civilians  were 
killed  that  in  the  previous  year;  however,  serious  incidents  of  ethnically  motivated 
destruction  and  extrajudicial  killing  occurred  throughout  the  country. 

Government  efforts  to  restore  security  were  inadequate.  Armed  troops,  civilian  mi- 
litias, and  rebel  forces  killed  both  armed  and  unarmed  ethnic  rivals,  including 
women,  children,  and  the  elderly.  Land  mines  killed  and  injured  many  persons, 
mostly  noncombatants.  Members  of  the  armed  forces,  vigilante  groups,  and  rebel 
groups  committed  serious  human  rights  violations  with  impunity.  The  continuing 
lack  of  accountability  for  killings  and  ethnic  violence  and  impunity  for  those  respon- 
sible for  the  1993  coup  attempt  and  the  ethnic  massacres  that  followed  contributed 
significantly  to  national  insecurity. 

Citizens  do  not  have  the  right  to  change  their  government.  Legal  and  societal  dis- 
crimination against  women  continues  to  be  a  serious  problem;  violence  against 
women  also  occurs.  Ethnic  discrimination  against  Hutus  is  widespread.  The  Twa 
(Pygmy)  minority  remains  marginalized  economically,  socially,  and  politically.  The 
Government  cannot  protect  the  rights  of  children  or  prevent  discrimination  against 
the  disabled. 

Tutsi  militias  committed  serious  abuses.  However,  a  human  rights  organization 
reported  that  there  were  fewer  instances  of  armed  Tutsi  vigilantes  engaging  in  vio- 
lence against  Hutus. 

Hutu  rebel  forces  committed  serious  abuses,  including  massacres  of  both  Hutu 
and  Tutsi  civilians. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Amnesty  international  estimated 
that  between  October  1993  and  August  1997.  Approximately  200,000  people  were 
killed  in  ethnic  violence,  according  to  independent  reports.  An  international  relief 
organization  estimated  that  between  4,500  to  9,000  persons  (an  average  of  500  to 
1000  persons  per  month)  were  killed  during  the  first  9  months  of  the  year. 

According  to  international  observers,  during  the  month  of  January,  in 
Buteganzwa  and  Rango  Communes,  Kayanza  province,  government  troops  sum- 
marily executed  200  to  300  young  Hutu  men  as  well  as  a  number  of  women  and 
children,  while  forcibly  resettling  the  local  Hutu  population  into  regroupment 
camps.  According  to  an  international  human  rights  organization,  on  January  5,  sol- 


29 

diers  and  vigilantes  attacked  civilians  in  Bukeye  Commune,  Muramvya  province, 
killing  26  persons. 

On  January  10,  in  Muyinga  province  near  the  Kobero  border  crossing,  according 
to  a  number  of  sources,  gendarmes  killed  between  122  and  128  Burundian  Hutu  ref- 
ugees who  had  been  expelled  from  Tanzania  and  were  believed  to  belong  to  an 
armed  rebel  group.  Following  this  incident,  the  regional  military  commander  was 
replaced  and  the  gendarmes  taken  into  custody. 

On  March  1,  according  to  an  international  human  rights  organization,  soldiers 
killed  37  persons  in  Muhuta  Commune,  Bujumbura  Rural  province.  On  March  27, 
at  the  village  of  Mitonto,  Rumonge  Conrunune,  Bururi  province,  government  troops 
killed  147  civilians,  according  to  independent  press  reports.  The  Government  ini- 
tially claimed  that  its  troops  had  killed  only  4  persons,  but  later  revised  the  total 
number  of  deaths  to  57  persons.  On  April  1,  the  Government  announced  that  it  had 
sent  an  investigation  team  into  the  area. 

On  May  7,  according  to  a  Western  observer,  government  troops  killed  10  to  15 
persons  and  wounded  a  number  of  others  in  Isare  Commune,  Bujumbura  Rural 
province.  On  May  11,  according  to  an  international  human  rights  organization,  sol- 
diers ordered  civilians  in  Kanyosha  Commune,  Bujumbura  Rural  province,  to  as- 
semble, then  fired  upon  them,  killing  15  persons.  Several  sources  reported  that  on 
May  15,  at  the  pentecostal  church  of  Mugendo,  Bujumbura  Rural  province,  soldiers 
arrested  45  persons,  executed  42  of  them,  and  wounded  three  other  persons. 

According  to  a  Western  observer,  on  June  6,  soldiers  based  at  Mugendo, 
Bujumbura  Rural  province,  killed  17  civilians  who  were  returning  to  their  homes 
in  Muhuta  Commune,  Bujumbura  Rural  province. 

On  June  13,  according  to  a  Western  source,  in  Bujumbura  Rural  province,  govern- 
ment troops  fired  on  villagers  participating  in  a  funeral  ceremony,  killing  six  per- 
sons and  wounding  four  others. 

In  early  August,  an  antitank  mine  detonated  in  Cibitoke  province  killing  nine  per- 
sons, according  to  an  international  relief  organization. 

The  Government  concluded  the  trials  of  several  hundred  persons  accused  of  con- 
spiracy in  the  ethnic  massacres  following  the  October  1993  death  of  former  Presi- 
dent Melchior  Ndadaye.  According  to  an  international  human  rights  organization, 
44  persons  were  convicted  and  sentenced  to  death  during  1997.  More  than  100  per- 
sons have  been  convicted  and  sentenced  to  death  since  March  1996.  On  July  31,  the 
Government  executed  six  of  those  convicted. 

The  three  persons  accused  of  the  1995  killings  of  Italian  religious  workers  in 
Bururi  province  have  not  been  brought  to  justice.  According  to  a  high-ranking  offi- 
cial, the  Government  is  seeking  the  extradition  of  the  accused  perpetrators  from 
Rwanda  and  Uganda,  to  which  they  are  believed  to  have  fled  following  their  "escape 
from  custody"  in  1995. 

The  (government's  investigation  of  the  June  1996,  killing  in  Cibitoke  province  of 
three  expatriate  employees  of  the  ICRC  by  unknown  gunmen  has  not  produced  any 
arrests.  The  Government  claims  that  Hutu  rebels  were  responsible  for  the  murders, 
but  others  accuse  the  army. 

In  early  August,  FRODEBU  party  parliamentarian  Paul  Sirahenda  and  his  chauf- 
feur disappeared  in  Makamba  province.  Sirahenda's  burned-out  car  was  found  near 
the  Tanzanian  border.  Sirahenda  and  his  chauffeur  were  not  found.  According  to 
FRODEBU,  Sirahenda  is  the  twenty-third  regular  or  alternate  FRODEBU  par- 
liamentarian killed  since  the  October  1993  coup.  In  1996  the  military  forces  claimed 
that  they  had  arrested  25  suspects  involved  in  some  of  these  killings  and  disappear- 
ances. However,  none  of  the  suspects  has  been  tried  for  any  of  these  killings  or  the 
attempted  killings  of  several  prominent  Hutu  politicians. 

On  January  2  and  3,  according  to  an  international  human  rights  organization, 
Hutu  rebels  attacked  the  commune  of  Bubanza,  Bubanza  province.  They  killed  14 
persons  and  injured  9  others. 

On  January  12  and  13,  according  to  an  international  human  rights  organization, 
Hutu  rebels  attacked  the  commune  of  Rugombo,  Cibitoke  province.  They  killed  22 
persons  and  wounded  4  others. 

On  March  8,  three  people  were  killed  in  Kanyosha  commune,  Bujumbura  rural 
province,  bv  Hutu  rebels,  according  to  an  international  human  rights  organization. 

On  March  19  and  20,  according  to  a  Western  observer,  Hutu  rebels  attacked  three 
regroupment  camps  in  Buganda  Commune,  Cibitoke  province  and  killed  153  per- 
sons. 

On  July  20,  in  the  Kabonza  section  of  Nyanza-Lac  Commune,  Makamba  province, 
Hutu  rebels  killed  13  civilians,  burned  a  number  of  houses  and  stole  cattle,  accord- 
ing to  a  Western  source. 

Hutu  rebels  killed  Hutu  civilians  who  refused  to  pay  "taxes"  to  the  rebels. 


30 

b.  Disappearance. — ^Human  rights  groups  reported  that  abductions  and  disappear- 
ances were  commonplace  throughout  the  year.  Disappearances  were  the  result  of 
both  ethnic  and  political  rivalry.  Reliable  numerical  estimates  are  not  available.  See 
Section  l.a.  for  information  regarding  the  June  13  disappearance  of  FRODEBU 
party  parliamentarian  Paul  Siranenda. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Both  the  decree  of  September  13,  1996,  and  the  suspended  constitution  prohibit 
these  abuses;  however,  members  of  the  security  forces  continued  to  torture  and  oth- 
erwise abuse  persons. 

Conditions  m  state-run  prisons  were  life  threatening  and  characterized  by  severe 
overcrowding  and  inadequate  hygiene,  clothing,  medical  care,  food,  and  water.  Pris- 
oners must  rely  on  family  members  to  provide  an  adequate  diet,  and  officials  ac- 
knowledged that  digestive  illness  was  a  serious  problem  among  the  prisoners. 
Women  were  housed  separately  from  men.  U.N.  human  rights  monitors  and  rep- 
resentatives of  the  International  Committee  of  the  Red  Cross  were  permitted  to  visit 
prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest,  deten- 
tion, and  exile;  however,  arbitrary  arrest  and  detention  are  problems.  The  law 
places  no  limit  on  the  total  length  of  pretrial  detention.  Presiding  magistrates  are 
authorized  to  issue  arrest  warrants.  Regular  police  and  gendarmes  can  make  arrests 
without  a  warrant  but  must  submit  a  written  report  to  a  magistrate  within  48  hours 
of  any  arrest.  A  magistrate  can  order  the  suspect  released  or  confirm  the  charges 
and  continue  detention,  initially  for  15  days,  then  subsequently  for  periods  of  30 
days  as  necessary  to  prepare  the  case  for  trial. 

The  law  requires  arrest  warrants.  The  police  must  follow  the  same  procedures  as 
magistrates,  but  have  detained  suspects  for  extended  periods  without  announcing 
charges,  certifying  the  cases,  or  forwarding  them  to  the  Ministry  of  Justice  as  re- 
quired. There  were  numerous  instances  oi  arbitrary  arrest.  Bail  was  permitted  in 
some  cases.  According  to  a  human  rights  organization,  incommunicado  detention  ex- 
ists, although  the  law  prohibits  it. 

The  disruption  of  the  political  process  and  the  general  level  of  insecurity  severely 
impeded  the  judicial  process.  There  are  reportedly  more  than  7,000  pretrial  detain- 
ees, or  about  80  percent  of  the  prison  population. 

Ex-president  and  Parena  party  leader  Jean-Baptiste  Bagaza  has  been  under 
house  arrest  since  March  16.  He  is  accused  of  plotting  against  the  life  of  the  Presi- 
dent and  illegal  possession  of  military  weapons. 

On  July  4,  44  of  the  79  people  detained  for  alleged  involvement  in  the  1993  coup 
attempt  were  arraigned  before  the  Supreme  Court;  29  entered  pleas.  All  29  pled  not 
guilty. 

Around  September  1,  Louis  Ntureka,  FRODEBU  member  and  accountant  of  the 
National  Assembly,  was  arrested  at  a  roadblock  in  Bujumbura  and  accused  of  being 
in  contact  with  armed  Hutu  rebels.  On  September  2,  Callixte  Masabo,  an  agron- 
omist and  FRODEBU  member  who  is  the  director  of  the  Government's  regional  de- 
velopment society  of  Rumonge  in  Bururi  province  was  arrested  and  accused  of  being 
in  contact  with  armed  Hutu  rebels.  Around  September  5,  Doctor  Sylvere  Sakubu, 
a  member  of  the  47-member  national  committee  of  FRODEBU,  was  arrested  at  his 
home  in  Bujumbura  and  accused  of  being  in  contact  with  armed  Hutu  rebels.  On 
September  18,  Uprona  party  leader  Charles  Mukasi  was  arrested  and  released  the 
same  day  for  conducting  an  unauthorized  press  conference. 

One  human  rights  organization  estimates  that  the  authorities  hold  from  500  to 
1000  political  detainees. 

The  Government  has  not  used  forced  exile  as  a  means  of  political  control.  How- 
ever, many  people  remain  in  voluntary  exile  in  Belgium,  Kenya,  Tanzania,  Zaire, 
and  elsewhere.  Many  senior  officials  keep  their  families  outside  the  country.  A  num- 
ber of  officials  of  the  government  of  deposed  president  Sylvestre  Ntibantunganya 
fled  the  country  in  August  1996,  and  have  not  returned. 

e.  Denial  of  Fair  Public  Trial. — The  September  1996  decree  provides  for  an  inde- 
pendent judiciary,  but  in  practice  the  judiciary  is  not  independent  and  is  dominated 
by  Tutsis.  According  to  an  international  human  rights  organization,  Hutus  ac- 
counted for  only  5  percent  of  the  country's  638  judges.  Most  citizens  assume  that 
the  courts  promote  the  interests  of  the  dominant  Tutsi  minority;  members  of  the 
Hutu  majority  believe  that  the  Tutsi-dominated  judicial  system  is  biased  against 
them. 

The  judicial  system  is  divided  into  civil  and  criminal  courts  with  the  Supreme 
Court  at  the  apex.  The  military  forces  have  a  separate  judicial  system. 

Citizens  do  not  have  regular  access  to  civilian  and  military  court  proceedings,  al- 
though trials  are  theoretically  public.  Defendants  are  presumed  innocent  ana  have 
the  right  to  appeal.  While  defendants  have  a  right  to  counsel  and  to  defend  them- 


31 

selves,  few  have  legal  representation  in  practice.  The  civil  court  system  functioned, 
although  the  lack  of  a  well-trained  and  adequately  supported  judiciary  constrained 
expeditious  proceedings.  In  1996  criminal  courts  were  reestablished  in  Bujumbura 
and  in  the  provincial  centers  of  Gitega  and  Ngozi.  Besides  the  frequent  lack  of  coun- 
sel for  the  accused,  other  major  shortcomings  in  the  legal  system  include  a  lack  of 
adequate  funding  and  trained  personnel  and  an  outmoded  legal  code.  Many  citizens 
have  lost  confidence  in  the  system's  ability  to  provide  even  basic  protection.  The 
vast  majority  of  those  arrested  on  criminal  charges  since  October  1993  remained  in 
custody  awaiting  trial. 

According  to  an  international  human  rights  organization,  during  the  year,  the 
criminal  courts  initiated  trials  of  474  defendants  in  cases  related  to  the  1993  ethnic 
massacres  that  followed  the  killing  of  former  president  Ndadaye.  Foreign  lawyers 
provided  under  United  Nations'  auspices  helped  defend  some  of  the  accused. 

The  courts  handed  down  approximately  150  sentences  in  these  trials.  There  were 
38  persons  sentenced  to  death,  6  of  whom  were  hanged  on  July  31;  59  others  given 
prison  sentences;  and  24  acquitted.  Many  others  remain  in  detention  and  have  not 
faced  trial  (see  Section  l.d.).  The  six  executions  were  the  first  civilians  executed 
since  1982. 

There  are  no  clearly  identifiable  political  prisoners.  However,  charges  brought 
against  defendants  in  nonpolitical  crimes  are  sometimes  politically  motivated. 

At  year's  end,  the  Government  continued  its  prosecution  of  approximately  20  de- 
fendants accused  of  participation  in  the  1993  coup  and  killing  of  former  president 
Ndadaye,  including  several  past  and  present  members  of  the  military  forces.  The 
prospect  of  any  serious  punishment  of  these  senior  defendants  appeared  remote. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
1996  decree  provides  for  the  right  to  privacy,  but  according  to  reports,  the  authori- 
ties generally  do  not  respect  the  law  requiring  search  warrants.  Security  forces  are 
assumed  to  monitor  telephones  regularly. 

The  armed  forces  reportedly  destroyed  the  homes  of  persons  forced  into  regroup- 
ment  camps  (see  Section  2.d.). 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— Continuing  insecurity  has  limited  international  humanitarian  relief  oper- 
ations in  some  areas. 

Government  forces  forced  Hutu  peasants  to  leave  their  homes  in  Bubanza, 
Bujumbura  Rural,  Bururi,  Karuzi,  Kayanza,  and  Muramvya  provinces  and  move 
into  regroupment  camps,  according  to  international  relief  agency  oflicials. 

According  to  an  international  human  rights  organization,  the  army  burned  large 
numbers  of  civilian  homes  during  military  operations  in  Bubanza,  Bujumbura  rural, 
Bururi,  Cibitoke,  Gitega,  Karuzi,  Makamba,  and  Muramvya  provinces.  A  local 
source  near  Isale  Commune,  Bujumbura  Rooral  province,  reported  that  after  an 
antitank  mine  detonated  on  July  13,  the  army  retaliated  by  burning  homes  in  a  5- 
square-kilometer  region  near  the  incident. 

On  March  25,  according  to  an  international  relief  organization,  three  cars  deto- 
nated antitank  mines  in  Bujumbura.  Seven  persons  were  killed;  one  person  was  re- 
ported missing.  On  April  6,  according  to  an  international  relief  organization,  one  ad- 
ditional antitank  and  three  antipersonnel  mines  were  detonated  in  Bujumbura, 
wounding  three  persons. 

On  April  14,  according  to  an  international  human  rights  organization,  Hutu  rebels 
attacked  Hutu  refugees  who  had  returned  from  Tanzania  at  a  camp  in  Mutongo 
commune,  Muyinga  province,  killing  three  persons  and  wounding  four  others.  On 
April  30,  according  to  a  Western  observer,  Hutu  rebels  attacked  a  seminary  in 
Bururi  province,  killing  43  persons  and  wounding  40  others. 

On  May  1,  in  Minago  commune,  Bururi  province,  according  to  a  Western  observer, 
two  persons,  including  a  Catholic  nun,  were  killed  when  their  vehicle  detonated  a 
land  mine. 

On  May  19,  according  to  an  international  observer,  Hutu  rebels  launched  three 
attacks  which  killed  66  recently  returned  Burundian  Hutu  refugees  in  Cibitoke 
province.  On  June  7,  a  Hutu  rebel  attack  in  Bubanza  province  resulted  in  the  death 
of  one  civilian,  according  to  a  Western  observer. 

According  to  various  sources,  on  June  30,  in  the  Kiriri  neighborhood  of 
Bujumbura,  an  antitank  mine  exploded  under  the  car  of  Burundi's  National  Assem- 
bly Speaker.  The  speaker's  wife  and  chauffeur  were  wounded,  and  a  soldier  riding 
in  the  car  was  killed.  The  speaker  was  not  in  the  car  at  the  time.  On  July  13,  an 
antitank  mine  detonated  near  Isale  Commune,  Bujumbura  Rural  province,  wound- 
ing three  persons,  according  to  a  local  newspaper. 


32 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — There  are  no  restrictions  imposed  on  the  press 
by  the  decree  of  September  13,  1996;  however,  the  regime  owns  the  only  newspaper 
and  the  two  major  radio  stations. 

The  Government-owned  Le  Renouveau,  which  is  published  3  times  per  week,  is 
the  only  newspaper  that  appears  regularly.  Other  newspapers,  including  at  least 
one  opposition  newspaper,  appear  irregularly.  Newspaper  readership  remains  lim- 
ited. Political  tracts  and  news  sheets  continue  to  circulate.  These  represent  a  variety 
of  political  viewpoints,  sometimes  of  an  extremist  nature. 

There  were  reports  of  a  number  of  instances  in  which  security  forces  harassed  for- 
eign journalists. 

Most  citizens  rely  on  the  two  government-owned  radio  stations  for  information. 
One  station  broadcasts  in  Kirundi  Language,  the  other  in  French  and  Swahili,  with 
limited  programming  in  English.  There  is  one  independent  radio  station.  Radio 
Umwizero,  financed  by  the  European  Union,  which  broadcasts  in  French  and 
Kirundi.  Citizens  also  receive  the  British  Broadcasting  Corporation,  the  Voice  of 
America,  and  other  international  broadcasts.  The  clandestine  radio  station  that  had 
supported  the  political  opposition  during  1996  was  not  operating  at  year's  end. 

No  laws  or  regulations  limit  academic  freedom.  Although  no  persons  were  per- 
secuted for  what  they  published  or  said,  the  University  of  Burundi  remains  pri- 
marily a  monoethnic  Tutsi  institution.  Tutsi  students  discouraged  Hutus  from  re- 
turning to  attend  the  university. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Government  restricts  free- 
dom of  assembly.  The  September  1996  decree  prohibits  political  demonstrations.  The 
regime  had  banned  political  parties  immediately  following  the  July  1996  coup.  How- 
ever, the  Government  has  arrested  leaders  and  members  of  the  FKODEBU,  Parena, 
and  Uprona  political  parties  (see  Section  l.d.),  thereby  limiting  freedom  of  associa- 
tion. 

The  September  1996  decree  permits  political  parties  to  operate.  They  were  active 
in  the  interior  during  the  year. 

c.  Freedom  of  Religion. — The  law  provides  for  freedom  of  religion,  and  the  Govern- 
ment respects  this  right.  There  is  no  state  religion,  and  the  Government  made  no 
attempt  to  restrict  freedom  of  worship  by  adherents  of  any  religion.  However,  au- 
thorities arrested  four  clerics  on  charges  of  aiding  Hutu  rebels.  According  to  inter- 
national observers,  two  Catholic  priests,  the  head  of  the  Baptist  Church  and  the 
Quaker  director  of  a  hospital,  all  Hutus,  were  arrested  and  charged  with  aiding 
Hutu  rebels.  One  of  the  Cfatholic  priests  was  tried  and  sentenced  to  2  years  in  pris- 
on; the  other  has  been  held  without  charge  since  August  1.  The  Baptist  cleric  and 
the  Quaker  hospital  director  were  released^  The  Government  has  little  ability  to  pro- 
tect politically  targeted  members  of  the  clergy. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights;  however,  the  Government  has  in 
some  instances  restricted  citizens'  foreign  travel  for  political  reasons.  The  Govern- 
ment says  that  the  restrictions  are  for  legal,  not  political,  reasons.  For  example,  the 
Government  refused  to  permit  the  departure  of  National  Assembly  speaker  Leonce 
Ngendakumana  from  the  country.  Ngendakumana  was  summoned  by  the  state  pros- 
ecutor for  questioning  on  six  occasions  since  October  10,  1996.  He  has  not  been  for- 
mally charged,  but  the  Grovemment  has  prevented  him  from  leaving  the  country  be- 
cause, the  Government  has  said,  he  is  under  investigation. 

In  June  former  president  Ntibantunganya  left  the  protection  of  a  foreign  dip- 
lomat's residence  wnere  he  had  sought  refuge  following  the  July  1996  coup.  He  was 
since  permitted  to  travel  freely  in  the  country. 

The  border  with  the  Democratic  Republic  of  Congo  has  been  officially  reopened. 
Despite  the  economic  embargo,  citizens  continue  to  be  able  to  travel  in  and  out  of 
the  country. 

In  1996,  in  Karuzi  province,  the  Government  initiated  a  policy  of  forcible  resettle- 
ment of  rural  populations  into  regroupment  camps,  ostensibly  to  better  protect 
them.  At  its  peak,  this  policy  resulted  in  the  regroupment  of  nearly  300,000  people 
into  40  to  45  regroupment  camps. 

In  September  there  were  a  total  of  230,00()people  in  regroupment  camps,  accord- 
ing to  an  international  relief  organization.  Tne  camps  were  in  Bujumbura  Rural, 
Bururi,  Karuzi,  Kayanza  and  Muramvya  provinces.  International  observers  believe 
that  some  of  the  46,000  people  in  camps  for  internally  displaced  people  in  Cibitoke 
province  may  also  be  regrouped  people.  The  vast  majority  of  persons  in  regroupment 
camps  are  Hutu,  although  some  are  Tutsi. 

The  Government  has  announced  its  intention  to  permit  regrouped  persons  in 
Karuzi,  Kayanza,  and  Muramvya  provinces  to  depart.  Beginning  in  June,  in 
Kayanza  province,  the  Government  allowed  35,000  regrouped  persons  to  return  to 


33 

their  homes,  according  to  an  international  relief  agency.  On  September  9,  deteriorat- 
ing security  conditions  caused  the  Government  to  halt  temporarily  the  departure  of 
regrouped  people  in  Kayanza  province. 

According  to  a  number  of  sources,  the  army  often  destroyed  the  houses  of  re- 
grouped persons.  It  reportedly  razed  hundreds  of  homes  in  this  process.  For  those 
in  the  camps,  some  farming  is  possible,  although  only  with  permission  of  the  mili- 
tary authorities.  Serious  health,  water,  and  malnutrition  problems  exist  in  many 
camps.  Those  who  are  found  in  the  hills  without  a  camp  pass  are  considered  to  be 
rebels  and  often  are  shot  by  government  soldiers,  according  to  a  number  of  sources. 

Hutu  rebels  reportedly  shoot  Hutus  who  remain  outside  the  camps.  The  rebels  be- 
lieve that  these  Hutus  inform  the  military  forces  about  the  rebellion. 

Travel  is  possible  in  many  parts  of  the  country.  However,  armed  rebel  activity, 
particularly  in  parts  of  Bubanza,  Bururi,  Cibitoke,  and  Makamba  provinces,  makes 
travel  in  some  areas  perilous.  In  a  number  of  regions,  the  population  is  segregated 
into  Tutsi  areas  and  Hutu  areas. 

A  large  proportion  of  the  populations  of  the  provinces  of  Cibitoke,  Bubanza, 
Bujumbura  Rural,  and  Karuzi  are  estimated  to  be  internally  displaced  persons.  Hu- 
manitarian agency  officials  believe  that  up  to  600,000  citizens  may  be  internally  dis- 
placed. The  high  level  of  insecurity  in  affected  areas  continues  to  make  accurate  as- 
sessment of  the  number  of  internally  displaced  persons  difficult,  or  to  provide  ade- 
quate humanitarian  assistance  for  them. 

According  to  the  U.N.  High  Commissioner  for  Refugees  (UNHCR),  about  78,000 
refugees  were  repatriated  from  Rwanda,  Tanzania  and  the  Democratic  Republic  of 
Congo  during  the  year.  In  addition,  according  to  the  UNHCR,  at  year's  end  about 
247,000  Burundian  refugees,  most  of  them  Hutu,  remain  in  Rwanda,  Tanzania,  and 
the  Democratic  Republic  of  Congo.  Some  of  these  persons  fled  as  early  as  1972,  and 
many  fled  following  the  assassination  of  former  president  Ndadaye  in  1993.  Some 
fled  the  country  during  the  year,  but  the  UNHCR  is  unable  to  estimate  their  num- 
ber. 

The  Government  has  approved  first  asylum  in  recent  years. 

According  to  the  UNHCR,  there  are  approximately  20,000  citizens  of  the  Demo- 
cratic Republic  of  the  Congo  in  Burundi,  many  of  whom  claim  asylum.  About  1,000 
new  Congolese  sought  asylum  during  1997. 

The  Rwandan  refugee  community  is  divided  into  two  groups:  Those  who  fled  the 
1994  ethnic  massacres  in  Rwanda  and  were  officially  registered  as  refugees  by  the 
UNHCR;  and  those  who  came  in  earlier  waves  of  refugees,  some  as  early  as  1959. 
The  pre-1994  refugees,  numbering  about  200,000,  are  not  officially  registered  with 
the  UNHCR  and  have  largely  been  integrated  into  Burundian  society. 

The  UNHCR  helped  repatriate  800  oflicially  registered  Rwandan  refugees  in  1997. 
Other  Rwandan  refugees  not  registered  with  the  UNHCR  also  repatriated  on  their 
own.  Virtually  no  Rwandan  refugees  registered  with  the  UNHCR  remain  in  the 
country. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  right  to  change  their  government.  The  September  1996 
decree  makes  no  provision  regarding  elections.  The  1992  Constitution  and  1994  Con- 
vention of  Government  were  both  suspended  by  the  Buyoya  military  regime,  which 
assumed  power  on  July  25,  1996,  in  a  bloodless  coup.  On  that  date,  the  regime  dis- 
solved the  National  Assembly  and  banned  political  parties.  On  September  13,  1996, 
Major  Buyoya  announced  the  restoration  oi  the  National  Assembly  and  political  par- 
ties with  certain  restrictions. 

In  practice,  the  National  Assembly  cannot  function  normally  until  it  determines 
under  what  authority  it  can  act.  Many  members  are  unwilling  to  operate  under  the 
authority  of  Buyoya's  decree. 

The  81-seat  National  Assembly  operates  under  significant  restraints.  It  lacks  op- 
erating funds,  salaries  for  staff,  office  supplies,  and  fuel  for  oflicial  vehicles.  The  last 
elections  to  fill  the  Assembly  were  held  in  June  1993.  Not  all  of  those  elected  are 
still  living,  and  many  have  left  the  country.  Under  the  1992  Constitution,  deposed 
president  Ntibantunganya  was  to  have  remained  in  ofiice  until  1998,  when  legisla- 
tive elections  had  been  scheduled. 

The  September  1996  decree  stipulates  that  the  National  Assembly  consist  of  Par- 
liamentarians elected  in  1993  who  sat  in  the  previous  National  Assembly.  Under  the 
decree,  the  President  may  appoint  additional  parliamentarians,  but  he  has  not  yet 
chosen  to  exercise  this  power.  While  the  National  Assembly  has  nominal  budgetary 
oversight,  the  September  1996  decree  allows  the  Council  of  Ministers  to  enact  a 
budget  if  the  National  Assembly  fails  to  do  so.  The  decree  also  gives  the  President 


34 

the  authority  to  declare  a  state  of  emergency  by  decree  and  without  reference  to  the 
National  Assembly. 

There  are  no  legal  restrictions  on  the  participation  of  women  or  indigenous  people 
in  elections  or  politics.  In  practice,  however,  both  women  and  the  ethnic  Twa  (Pyg- 
mies) are  underrepresented  in  government  and  in  politics.  Women  currently  hold  2 
of  27  cabinet  seats  and  were  elected  to  9  of  81  seats  in  the  National  Assembly.  How- 
ever, one  of  the  nine  was  killed  in  Cibitoke  province  in  1995.  Although  Twa  con- 
stitute about  1  percent  of  the  population,  there  are  no  Twa  in  either  the  Cabinet 
or  the  National  Assembly  (see  also  Section  5). 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Local  human  rights  groups  received  varying  degrees  of  cooperation  from  govern- 
ment ministries  and  local  authorities.  The  local  human  rights  group  Iteka  continued 
to  operate  and  publish  a  newsletter  on  the  human  rights  situation. 

Human  Rights  Watch/Africa  visited  during  the  year.  The  United  Nations  Center 
for  Human  Rights  has  an  office  in  the  country.  The  work  of  human  rights  organiza- 
tions was  hampered,  however,  by  insecurity  in  the  countryside  and  by  the  Govern- 
ment's inability,  and  in  some  cases  unwillingness,  to  protect  human  rights  workers. 

Citing  security  concerns,  local  military  authorities  refused  access  to  some  areas 
of  the  interior  to  journalists,  human  rights  workers,  and  international  relief  officials. 
Militant  extremists,  both  Hutu  and  Tutsi,  threatened  the  lives  of  people  investigat- 
ing human  rights  violations. 

On  May  27,  the  (jovemment  submitted  a  request  to  the  U.N.  Security  Council 
that  an  international  tribunal  be  established  to  try  those  implicated  in  the  events 
of  1993.  U.N.  Secretary-General  Kofi  Annan  declined  to  recommend  the  establish- 
ment of  such  a  tribunal  in  the  form  proposed  and  under  the  prevailing  cir- 
cumstances. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  September  1996  decree  explicitly  provides  equal  status  and  protection  for  all 
citizens,  without  distinction  based  on  sex,  origin,  ethnicity,  religion,  or  opinion. 
However,  the  (jovemment  failed  to  enforce  effectively  all  the  decree's  provisions. 
Hutus  continue  to  perceive,  correctly,  that  there  is  discrimination  against  them  by 
the  Tutsi-dominated  (jovemment. 

Vfomen. — Violence  against  women  occurred,  but  there  was  no  documentation  of  its 
extent.  Wives  have  the  right  to  bring  physical  abuses  charges  against  their  hus- 
bands; in  practice,  they  rarely  do  so.  Police  normally  do  not  intervene  in  domestic 
disputes,  and  the  media  do  not  report  incidents  of  violence  against  women,  including 
rape.  There  were  no  known  court  cases  dealing  with  the  abuse  of  women. 

Women  face  both  legal  and  societal  discrimination.  There  continue  to  be  explicitly 
discriminatory  inheritance  laws  and  discriminatory  credit  practices.  Although  by 
law  women  must  receive  the  same  pay  as  men  for  the  same  work,  women  are  far 
less  likely  to  hold  mid-level  or  high-level  positions.  In  rural  areas,  women  tradition- 
ally perform  hard  farm  work  and  nave  less  opportunity  for  education  than  men. 

Children. — The  law  provides  for  children's  nealth  and  welfare  but  the  Government 
cannot  adequately  address  the  needs  of  the  large  population  of  orphans  resulting 
from  the  violence  since  1993.  Many  of  the  victims  of  massacres  were  children.  The 
(jovemment  provides  elementary  education  at  nominal  cost  through  grade  6;  about 
60  percent  of  school-age  children  are  enrolled.  It  also  provides  subsidized  health 
care  for  all  family  menibers. 

People  With  Disabilities. — The  (jovernment  has  not  enacted  legislation  or  other- 
wise mandated  access  to  buildings  or  government  services  for  people  with  disabil- 
ities. The  rudimentary  economy  effectively  excludes  the  physically  disabled  from 
many  types  of  employment. 

Indigenous  People. — The  Twa  (Pygmy)  minority  remains  marginalized  economi- 
cally, socially,  and  politically.  Most  Twa  continued  to  live  in  isolation,  uneducated, 
and  without  access  to  government  services,  including  health  care.  The  Twa  remain 
essentially  outside  of  the  political  process. 

National  / Racial  / Ethnic  Minorities. — The  principal  national  problem  continued  to 
be  ethnic  conflict  between  the  majority  Hutus  and  the  minority  Tutsis.  The  Tutsis 
have  historically  held  power  and  still  control  the  military  force  and  dominate  edu- 
cated society.  The  1996  coup  deposed  president  Ntibantunganya,  a  Hutu,  and  re- 
placed him  with  Major  Buyoya,  a  Tutsi. 

Ethnic  discrimination  against  Hutus,  who  constitute  85  percent  of  the  population, 
affects  every  facet  of  society,  including  the  Government,  the  military  forces,  and  the 
judiciary.  Fourteen  Hutus  serve  as  Cabinet  ministers  in  the  Government,  but  real 


35 

power  rests  with  Buyoya  and  the  Tutsi-dominated  army.  The  Government  continued 
its  program  of  Hutu  miUtary  recruitment. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Labor  Code  nominally  protects  the  rights  of 
workers  to  form  unions,  although  the  army,  gendarmerie,  and  expatriates  working 
in  the  public  sector  are  prohibited  from  union  participation.  Most  union  workers  are 
urban  civil  servants. 

According  to  the  Confederation  of  Free  Unions  of  Burundi  (CSB),  the  country's 
first  national  umbrella  trade  union,  60  percent  of  the  75,000  formal  private  sector 
employees  are  unionized.  All  employees  in  the  public  sector  except  tnose  involved 
in  activities  related  to  public  security  are  unionized. 

Since  gaining  its  independence  from  the  Government  in  1992,  the  CSB  has  been 
financially  dependent  on  a  system  of  checkoffs,  as  are  local  unions.  In  1995,  a  rival 
umbrella  trade  union,  the  Confederation  of  Burundi  Unions  (Cosebu),  was  founded. 
Both  Cosebu  and  the  CSB  represented  labor  in  collective  bargaining  negotiations  in 
cooperation  with  individual  labor  unions  during  the  year. 

Unions  are  Tutsi-dominated,  reflecting  the  fact  that  it  is  mainly  Tutsis  who  are 
employed  in  the  formal  sector  of  the  economy.  The  unions  have  also  been  strong 
supporters  of  the  Government. 

The  Labor  Code  permits  the  formation  of  additional  unions  or  confederations  out- 
side the  CSB.  When  settling  disputes  in  which  more  than  one  labor  union  is  rep- 
resented, the  law  stipulates  that  the  Minister  of  Labor  will  chose  the  union  rep- 
resenting the  greatest  number  of  workers  to  participate  in  the  negotiations. 

The  Labor  Code  provides  workers  with  a  restricted  right  to  strike.  The  restrictions 
on  the  right  to  strike  and  to  lock  out  include:  All  other  peaceful  means  of  resolution 
must  be  exhausted  prior  to  the  strike  action;  negotiations  must  continue  during  the 
action,  mediated  by  a  mutually  agreed  upon  party  or  by  the  Government;  and  6 
days'  notice  must  be  given.  The  law  prohibits  retribution  against  workers  participat- 
ing in  a  legal  strike,  and  this  provision  is  upheld  in  practice. 

Unions  are  able  to  affiliate  with  international  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Code  recognizes 
the  right  to  collective  bargaining,  formerly  acknowledged  only  by  ordinance.  Since 
most  workers  are  civil  servants,  government  entities  are  involved  in  almost  every 
phase  of  labor  negotiations. 

Public  sector  wages  are  set  in  fixed  scales  in  individual  contracts  and  are  note 
affected  by  collective  bargaining.  In  the  private  sector,  wage  scales  also  exist,  but 
individual  contract  negotiation  is  possible. 

The  Labor  Code  gives  the  Labor  Court  jurisdiction  over  all  labor  dispute  cases, 
including  those  involving  public  employees.  Negotiations  are  conducted  largely 
under  the  supervision  of  the  tripartite  National  Labor  Council,  the  Government's 
highest  consultative  authority  on  labor  issues.  The  Council  represents  government, 
labor,  and  management  and  is  presided  over  and  regulated  by  the  Minister  of  Labor. 

The  Labor  Code  prohibits  employers  from  firing  or  otherwise  discriminating 
against  a  worker  because  of  union  affiliation  or  activity.  This  right  is  upheld  in 
practice. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  the  performance 
of  forced  or  compulsory  labor  by  adults  and  children,  and  it  is  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  forced  and  bonded  labor  by  children,  and  tne  Government  enforces  this 
prohibition  effectively  (see  Section  6.c.).  The  Labor  Code  states  that  children  under 
the  age  of  16  cannot  be  employed  by  "an  enterprise"  even  as  apprentices,  although 
it  also  states  that  they  may  undertake  occasional  work  that  does  not  damage  their 
health  or  interfere  with  their  schooling.  In  practice,  in  rural  areas  children  under 
age  16  do  heavy  manual  labor  such  as  transporting  bricks  in  daytime  during  the 
school  year. 

Children  are  legally  prohibited  from  working  at  night,  although  many  do  so  in  the 
informal  sector.  Children  are  obliged  by  custom  and  economic  necessity  to  help  sup- 
port their  families  by  participating  in  activities  related  to  subsistence  agriculture, 
in  family-based  enterprises,  and  in  the  informal  sector. 

e.  Acceptable  Conditions  of  Work. — The  formal  minimum  wage  for  unskilled  work- 
ers is  $0.40  (145  francs)  per  day  in  the  cities  of  Bujumbura  and  Gitega,  and  $0.35 
(120  francs)  in  the  rest  of  the  country,  with  a  graduated  scale  for  greater  skill  levels. 
This  amount  does  not  allow  a  worker  and  family  to  maintain  a  decent  standard  of 
living,  and  most  families  rely  on  second  incomes  and  subsistence  agriculture  to  sup- 
plement their  earnings.  A  survey  of  day-labor  wage  rates  in  nine  provinces  by  an 


36 

international  organization  revealed  that  actual  wages  ranged  upward  from  $.30  per 
day. 

Unionized  employees,  particularly  in  urban  areas,  generally  earn  significantly 
more  than  the  minimum  wage.  Public  sector  wages  are  set  by  agreement  between 
the  Government  and  either  the  CSB  or  Cosebu. 

The  Labor  Code  stipulates  an  8-hour  workday  and  40-hour  workweek,  except  in 
cases  where  workers  are  involved  in  activities  related  to  national  security.  Supple- 
ments must  be  paid  for  overtime.  The  Labor  Code  establishes  health  and  safety 
standards  requiring  an  employer  to  provide  a  safe  workplace  and  assigns  enforce- 
ment responsibility  to  the  Minister  of  Labor.  However,  the  Ministry  does  not  enforce 
the  code  effectivelv.  Health  and  safety  articles  in  the  Labor  Code  do  not  directly  ad- 
dress workers'  rights  to  remove  themselves  from  a  dangerous  work  situation. 


CAMEROON 

Cameroon  is  a  multiparty  republic  that  continues  to  be  dominated  by  President 
Paul  Biya  and  a  circle  of  advisers  drawn  largely  from  his  own  and  related  ethnic 
groups  and  from  his  party,  the  Cameroon  People's  Democratic  Movement  (CPDM). 
Since  Biya  won  the  highly  flawed  1992  presidential  election,  elections  have  been 
tainted  by  an  electoral  process  that  is  controlled  by  the  Government's  Ministry  of 
Territorial  Administration.  International  and  local  observers  generally  view  the 
process  as  not  free  and  fair.  The  CPDM  continued  to  dominate  the  National  Assem- 
bly after  elections  in  May  that  were  characterized  by  numerous  irregularities.  In  Oc- 
tober Biya  won  reelection  as  the  President  in  an  election  boycotted  by  the  three 
main  opposition  parties,  and  generally  considered  by  observers  to  be  marred  by  a 
wide  range  of  procedural  flaws  and  not  free  and  fair.  The  President  retains  the 
power  to  control  legislation  or  to  rule  by  decree.  According  to  the  ratified  amend- 
ments to  the  1996  Constitution,  the  presidential  term  is  7  years,  renewable  once. 
Biya  began  his  first  7-year  term  on  November  3.  The  amendments  also  provide  for 
new  legislative  institutions,  including  a  partially  elected  senate,  elected  regional 
councils,  and  an  independent  judiciary.  The  Government  took  no  action  to  establish 
these  new  institutions,  although  the  President  announced  that  most  of  these  would 
be  acted  upon  in  the  course  of  1998.  The  judiciary  is  subject  to  political  influence 
and  suffers  from  corruption  and  inefficiency. 

Internal  security  responsibilities  are  shared  by  the  national  police,  the  National 
Intelligence  Service  (DGRE),  the  gendarmerie,  the  Ministry  of  Territorial  Adminis- 
tration, military  intelligence,  the  army,  and  to  a  lesser  extent,  the  Presidential  Se- 
curity Service.  The  police  and  the  gendarmerie  have  dominant  roles  in  enforcing  in- 
ternal security  laws.  The  security  forces,  including  the  military  forces,  remain  under 
the  effective  control  of  the  President,  the  civilian  Minister  of  Defense,  and  the  civil- 
ian head  of  police.  The  police  and  gendarmes  continued  to  commit  numerous  serious 
human  rights  abuses. 

Following  nearly  a  decade  of  economic  decline  and  widening  financial  imbalance, 
economic  performance  has  improved,  with  annual  gross  domestic  product  (GDP) 
growth  averaging  more  than  5  percent  over  the  last  2  years.  The  Government  began 
in  1996  to  implement  a  program  of  structural  reforms.  The  majority  of  the  popu- 
lation is  rural.  Agriculture  accounts  for  25  percent  of  GDP,  while  industry  and  the 
services  sectors  account  for  22  and  35  percent,  respectively.  The  petroleum  sector 
accounts  for  less  than  10  percent  of  public  revenues.  Principal  exports  include  tim- 
ber, coffee,  cocoa,  cotton,  bananas,  and  rubber. 

The  Government's  human  rights  record  continued  to  be  generally  poor,  and  gov- 
ernment officials  continued  to  commit  numerous  serious  abuses.  Citizens'  ability  to 
change  their  government  remained  limited.  International  observers  deemed  the  May 
national  legislative  elections  to  be  flawed.  Legislative  by-elections  held  after  some 
150  legal  challenges  were  submitted  to  the  Supreme  Court  were  also  marred  by 
charges  of  irregularities  by  opposition  parties.  Security  forces  committed  several 
extrajudicial  killings  and  often  beat  and  otherwise  abused  detainees  and  prisoners, 
generally  with  impunity.  Conditions  remained  life  threatening  in  almost  all  prisons. 
Security  forces  continued  to  arrest  and  detain  arbitrarily  various  opposition  politi- 
cians, local  human  rights  activists  and  other  citizens,  often  holding  them  for  pro- 
longed periods  and,  at  times,  incommunicado.  Security  forces  conducted  illegal 
searches,  harassed  citizens,  inf^ringed  on  their  privacy,  and  monitored  some  opposi- 
tion activists.  The  judiciary  is  corrupt,  inefficient,  and  subject  to  political  influence. 
A  1996  law  revoked  formal  press  censorship  and  moved  supervision  of  the  press 
from  the  administrative  authorities  to  the  courts.  However,  the  Government  contin- 
ued to  impose  some  limits  on  press  freedoms.  Although  independent  newspapers  en- 


37 

joyed  considerable  latitude  to  publish  their  views,  journalists  continued  to  be  subject 
to  oflicial  harassment,  trial,  and  conviction  under  criminal  libel  laws.  The  authori- 
ties obtained  convictions  against  several  journalists  under  these  laws;  some  received 
stiff  fines  and  suspended  prison  sentences.  The  Government  continued  to  seize  pub- 
lications deemed  threatening  to  the  public  order.  On  several  occasions,  the  Govern- 
ment restricted  fi'eedom  of  assembly  and  association.  At  times,  the  Government 
used  its  security  forces  to  inhibit  political  parties  from  holding  public  meetings.  Gov- 
ernment security  forces  impede  domestic  travel.  Discrimination  and  violence  against 
women  remain  serious  problems.  Discrimination  against  ethnic  minorities  and  Pyg- 
mies continues.  The  Government  infringes  on  workers'  rights,  and  slavery  persists 
in  isolated  areas.  Mob  violence  resulted  m  some  deaths. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  confirmed  reports  of 
political  killings.  However,  the  security  forces  continued  to  use  excessive,  lethal 
force  and  committed  several  extrajudicial  killings. 

On  January  8,  gendarmes  used  excessive  force  in  arresting  a  tribal  leader  in 
Northwest  province.  Five  women  were  hospitalized  as  a  result  of  shotgun  wounds 
or  beatings.  On  January  31,  security  forces  again  used  excessive  force  to  disperse 
a  group  of  36  women  who  had  gathered  outside  a  gendarmerie  facility  in  the  North- 
west province  town  of  Wum  to  await  the  tribal  leader's  release.  All  the  women  suf- 
fered injuries;  one  later  died  of  her  wounds.  The  Government  took  no  action  against 
security  force  members  following  the  incidents. 

On  February  9,  a  driver  for  the  diocese  of  Yaounde,  Faustin  Betsogo,  was  arrested 
by  plainclothes  DGRE  officers  following  a  traffic  altercation  with  them.  He  was 
taken  to  headquarters,  beaten,  and  released,  but  he  died  shortly  thereafter. 

On  May  12,  during  the  legislative  electoral  campaign,  opposition  candidate 
Koulagna  Nana's  campaign  entourage  had  a  violent  encounter  with  the  forces  of  a 
traditional  ruler.  A  total  of  five  persons  died  in  the  fighting,  including  two  opposi- 
tion militants.  After  reporting  the  incident  to  the  gendarmerie  in  Touboro,  Koulagna 
Nana  and  15  associates  were  arrested.  Two  were  later  released.  No  members  of  the 
traditional  ruler's  militia  were  arrested.  The  gendarmerie  is  still  investigating  the 
incident. 

From  March  27  to  31  in  Northwest  province,  armed  attackers  launched  raids 
against  six  government  sites,  including  several  gendarmerie  stations.  Security  forces 
killed  at  least  seven  people  in  the  raids;  three  gendarmes  died.  Security  sweeps 
after  these  raids  reportedly  rounded  up  over  300  persons.  The  Government  opened 
an  inquiry  but  made  neither  a  public  report  nor  brought  charges  against  the  esti- 
mated 59  persons  remaining  in  detention  at  year's  end.  Some  critics  believe  that 
these  incidents  were  instigated  with  government  connivance  to  discredit  the  opposi- 
tion. In  the  wake  of  the  attacks,  three  detainees  (Mathias  Gwei,  Samuel  Tita,  and 
Richard  Ngwa  Formasoh)  were  reliably  reported  to  have  died  from  abuse  inflicted 
by  the  authorities  (see  Section  I.e.).  Other  estimates  indicated  that  there  were  from 
one  to  eight  deaths  from  abuse  or  illness.  The  Government  did  not  respond  to  these 
reports. 

Several  prisoners  died  in  custody  due  to  abuse  inflicted  by  members  of  the  secu- 
rity forces  or  harsh  prison  conditions  and  inadequate  medical  treatment  (see  Section 

I.C.). 

The  February  1996  incident  in  which  an  unarmed,  unresisting  taxi  driver  was 
shot  and  killed  by  a  policeman  near  Bafut,  Northwest  province,  in  front  of  wit- 
nesses, was  still  pending  in  court. 

There  were  no  developments  in  the  1996  killings  of:  Andre  Tchieutcho,  a  sus- 
pected thief  who  was  shot  and  killed  inside  the  Mboppi  gendarme  headquarters;  Jo- 
seph Desire  Tuete  Kuipo,  a  Douala  taxi  driver;  or  Haman  Daouda,  a  member  of  the 
National  Union  for  Democracy  and  Progress  (UNDP)  party  and  a  member  of  the  Na- 
tional Assembly. 

Mob  violence  directed  at  persons  suspected  of  criminal  activity  or  witchcraft  re- 
sulted in  a  number  of  deaths  and  injuries. 

b.  Disappearance. — There  were  no  credible  reports  of  politically  motivated  dis- 
appearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Penal  Code  proscribes  torture,  renders  inadmissible  in  court  evidence  obtained 
thereby,  and  prohibits  public  servants  from  using  undue  force  against  any  person. 
Although  President  Biya  also  promulgated  a  new  law  on  January  10  that  bans  tor- 
ture by  government  officials,  tnere  were  at  least  two  reported  cases  of  torture,  and 
there  were  credible  reports  that  security  forces  continued  to  inflict  beatings  and 


38 

other  cruel  and  degrading  treatment  on  prisoners  and  detainees.  The  authorities 
often  administer  beatings  not  in  prison  facilities  but  in  temporary  detention  areas 
in  a  police  or  gendarme  facility. 

There  are  reliable  reports  that  the  "balancoire"  torture  technique  is  still  in  use 
in  the  interrogation  of  certain  prisoners.  In  this  technique,  the  prisoner,  with  his 
hands  tied  behind  his  back,  is  suspended  from  a  rod  and  beaten. 

Security  forces  subject  prisoners  and  detainees  to  degrading  mistreatment,  includ- 
ing stripping,  confinement  in  severely  overcrowded  cells,  and  denial  of  access  to  toi- 
lets or  other  sanitation  facilities.  Police  and  gendarmes  often  beat  detainees  to  ex- 
tract confessions  and  the  names  and  whereabouts  of  alleged  criminals.  Reported 
sanctions  against  those  responsible  are  rare.  Such  abuse  was  reportedly  inflicted  on 
those  persons  arrested  in  a  security  force  dragnet  following  the  March  attacks  in 
the  Northwest  province.  At  least  three  detainees  are  believed  to  have  died  from  this 
abuse:  Mathias  Gwei  and  Samuel  Tita  died  in  May,  and  Richard  Ngwa  Formasoh 
died  at  Nkondengui  Prison  in  the  capital  in  early  July  (see  Section  l.a.). 

Ndifet  Zachana  Khan,  one  of  those  detained  at  the  gendarmerie  legion  in 
Bamenda  was  badly  beaten,  developed  gangrene,  and  later  had  all  his  toes  ampu- 
tated. 

Security  forces  arrested  a  local  journalist.  Christian  Ngah  Mbipgo,  on  February 
26  and  severely  beat  him  for  writing  articles  critical  of  local  authorities.  Following 
his  release  he  described  how  security  forces  beat  the  soles  of  his  feet  with  "iron 
studded  rubber  truncheons."  On  July  31,  Maroua  prison  authorities  recaptured  an 
escaped  convict  and  severely  tortured  him.  A  local  human  rights  official, 
Mohamadou  Moustapha,  who  attempted  to  intercede  was  also  badly  beaten.  There 
were  no  developments  in  this  case. 

Prison  conditions  are  generally  life  threatening,  especially  outside  major  urban 
areas.  Serious  deficiencies  in  food,  health  care,  and  sanitation  due  to  a  lack  of  funds 
occur  in  almost  all  prisons,  including  those  in  the  north  operated  by  traditional  rul- 
ers. In  March  six  inmates  died  of  tuberculosis  in  such  facilities. 

In  the  Douala  central  prison  of  New  Bell,  families  are  permitted  to  provide  food 
and  medicine  to  inmates.  Beatings  are  common.  Prisoners  are  reported  to  be 
chained  or  flogged  at  times  in  their  cells  and  often  denied  adequate  medical  care. 
Juveniles  and  nonviolent  prisoners  are  often  incarcerated  with  violent  adults.  There 
are  credible  reports  of  sexual  abuse  of  juvenile  prisoners  by  adult  inmates.  Babies 
and  small  children  are  sometimes  held  in  prison  if  their  mothers  are  incarcerated 
there.  Corruption  among  prison  personnel  is  widespread.  Some  high-profile  pris- 
oners are  able  to  avoid  some  of  tne  abuse  that  security  forces  routinely  inflict  on 
many  common  criminals.  Some  are  held  in  elite  wings  of  certain  prisons  where  they 
enjoy  relatively  lenient  treatment.  A  1997  report  on  prison  conditions  indicates  that 
Bertoua  Prison,  which  was  built  to  hold  50  detainees,  currently  houses  700  persons. 

In  the  north,  the  Government  permits  traditional  Lamibe  (chiefs)  to  operate  pri- 
vate prisons  outside  the  government  penitentiary  system.  Private  prisons  in  the 
chiefdoms  of  Rey  Bouba,  Bibemi,  and  Tcheboa  have  the  worst  reputations.  Members 
of  the  UNDP  party  alleged  that  their  members  have  been  detained  in  them  and  that 
some  have  died  from  mistreatment. 

Because  of  the  Government's  refusal  to  ensure  that  the  International  Committee 
of  the  Red  Cross  (ICRC)  has  access  to  all  detention  centers,  official  as  well  as  unoffi- 
cial, the  ICRC  has  declined  to  visit  any  prisons  since  1992,  although  both  the 
Cameroonian  Red  Cross  and  the  National  Human  Rights  Commission  make  fre- 

auent  visits.  The  ICRC  was  permitted  to  visit  Nigerian  civilian  internees  and  sol- 
iers  captured  in  the  territorial  dispute  with  Nigeria. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Penal  Code  requires  that  detainees 
be  brought  promptly  before  a  magistrate;  however,  security  forces  continued  to  arbi- 
trarily arrest  and  detain  citizens,  although  less  frequently  than  in  the  past.  Arbi- 
trary, prolonged  detention  remained  a  serious  problem  as  security  forces  often  failed 
to  bring  detainees  promptly  before  a  magistrate  and  held  them  incommunicado. 

Police  may  detain  a  person  in  custody  in  connection  with  a  common  crime  for  up 
to  24  hours,  renewable  three  times,  before  bringing  charges.  However,  the  law  only 
provides  for  the  right  to  a  judicial  review  of  the  legality  of  detention  in  the  few  ma- 
jority Anglophone  areas  of  the  country.  Elsewhere,  the  Francophone  legal  tradition 
applies,  precluding  judicial  authorities  from  acting  on  a  case  until  the  administra- 
tive authority  that  ordered  the  detention  turns  the  case  over  to  the  prosecutor.  After 
a  magistrate  has  issued  a  warrant  to  bring  the  case  to  trial,  he  may  hold  the  de- 
tainee in  administrative  or  "pretrial  detention"  indefinitely,  pending  court  action. 
Furthermore,  a  1990  law  p)ermits  detention  without  charge  for  renewable  periods  of 
15  days,  ostensibly  in  order  to  combat  banditry  and  maintain  public  order.  Persons 
taken  into  detention  are  frequently  denied  access  to  both  legal  counsel  and  family 
members.  The  law  permits  release  on  bail  only  in  the  Anglophone  provinces,  where 


39 

the  legal  system  includes  features  of  British  common  law.  Even  there,  bail  is  grant- 
ed infrequently. 

Michel  Atangana,  a  former  presidential  aide,  was  arrested  without  warrant  on 
May  12  by  a  police  special  operations  team.  He  was  held  at  a  police  station  and 
later  under  administrative  detention  for  53  days  before  being  transferred  to 
Nkondengui  prison.  On  May  21,  former  Minister  of  Health  and  longtime  presi- 
dential omcial  Titus  Edzoa,  who  had  declared  himself  a  candidate  in  the  fall  presi- 
dential elections  1  month  earlier,  was  questioned  by  the  judicial  branch  of  the  police 
force  and  placed  under  house  arrest  on  June  5.  He  was  initially  charged  with  "ac- 
tivities and  statements  likely  to  disrupt  the  public  order."  Media  attention  to  the 
case  resulted  in  better  treatment  for  Edzoa  and  pressure  on  the  authorities  to  bring 
charges.  Subsequently,  both  he  and  Atangana,  who  had  become  Edzoa's  campaign 
manager,  were  charged  with  influence  peddling  and  embezzlement.  They  were  tried 
together  and  convicted  on  criminal  charges  by  the  High  Court  and  sentenced  to  15 
year's  imprisonment.  While  appealing  their  sentences,  both  men  were  held  in  con- 
finement at  the  gendarmerie  headquarters,  reportedly  in  cramped  quarters  with 
very  limited  access  to  visitors. 

Another  declared  presidential  candidate,  Albert  Dzongang,  was  held  in  Douala  po- 
lice station  on  July  11  and  12  on  obscure  charges  concerning  allegedly  subversive 
tracts.  No  oflicial  charges  were  filed. 

On  April  14,  Paulinus  Jua,  an  opposition  party  contender  for  a  seat  in  the  May 
legislative  elections  was  arrested  in  connection  with  the  March  raids,  together  with 
about  50  persons  (see  Sections  l.a.  and  I.e.).  He  was  released  without  charge  sev- 
eral days  later  and  later  won  a  seat  in  the  Assembly. 

Before  the  results  of  the  legislative  elections  were  officially  rendered,  police  car- 
ried out  a  series  of  mass  arrests,  lasting  from  May  30  until  June  3,  allegedly  to  pre- 
vent violent  incidents.  Among  those  arrested  were  well-known  opposition  activists 
Mboua  Massock  and  Brice  Nintcheu.  Massock  was  held  in  New  Bell  prison  for  15 
days  before  being  released  without  charge. 

A  reliable  Pans-based  press  monitoring  group  indicated  that  a  total  of  13  journal- 
ists had  been  imprisoned  at  one  time  or  another  over  the  past  18  months.  In  late 
December,  the  authorities  detained  again  Pius  Niawe,  the  well-known  journalist- 
publisher  of  the  publication  Le  Messager,  reportedly  for  publishing  an  article  alleg- 
ingthat  President  Biya  may  have  had  a  heart  attacK  (see  Section  2.a.). 

The  courts  punished  some  instances  of  arbitrary  detention  in  1996.  At  year's  end, 
there  were  two  cases  under  investigation  following  the  deaths  of  two  detainees  in 
Yaounde  prison  in  October.  In  one,  a  police  commissioner  and  three  colleagues  were 
arrested  pending  trial. 

The  Government  does  not  practice  political  exile.  Some  opposition  members  who 
considered  themselves  threatened  by  the  Government  have  voluntarily  left  the  coun- 
try and  declared  themselves  to  be  in  political  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary; however,  the  judiciary  remains  subject  to  political  influence,  with  few  signs 
that  it  is  becoming  more  independent. 

The  court  system  remains  technically  part  of  the  executive  branch,  subordinate 
to  the  Ministry  of  Justice.  The  legal  system  is  strongly  influenced  by  the  French 
legal  system,  although  in  the  Anglophone  provinces  certain  aspects  of  the  Anglo- 
Saxon  tradition  apply.  The  court  system  includes  the  Supreme  Court,  a  court  of  ap- 
peals in  each  of  the  10  provinces,  and  courts  of  first  instance  in  each  of  the  country's 
56  divisions.  Some  politically  sensitive  cases  are  never  heard. 

Traditional  courts  are  important  in  rural  areas.  Their  authority  varies  by  region 
and  ethnic  group,  but  they  are  often  the  arbiters  of  property  and  domestic  disputes 
and  may  serve  a  probate  function  as  well.  Most  traaitional  courts  permit  appeal  of 
their  decisions  to  traditional  authorities  of  higher  rank. 

Corruption  and  inefficiency  in  the  courts  remain  serious  problems.  Justice  is  fre- 
quently denied  or  delayed.  Powerful  political  or  business  interests  appear  to  enjoy 
virtual  immunity  from  prosecution,  while  critics  of  the  Government  are  sometimes 
jailed  under  libel  statutes  considered  by  observers  as  unduly  restrictive  of  press 
freedom.  Prisoners  may  be  detained  indefinitely  during  pretrial  proceedings. 

The  Constitution  provides  for  a  fair  public  hearing  in  which  the  defendant  is  pre- 
sumed innocent.  Because  appointed  attorneys  receive  little  compjensation,  the  qual- 
ity of  legal  representation  for  indigent  persons  is  often  poor.  The  bar  association  and 
some  voluntary  organizations,  such  as  the  Cameroonian  Association  of  Female  Ju- 
rists, offer  free  assistance  in  some  cases.  Trials  are  public. 

There  were  no  reliable  estimates  of  the  number  of  political  prisoners  held  at  the 
end  of  the  year.  The  eight  UNDP  militants,  convicted  in  a  highly  charged  case  with 
political  overtones  of  participation  in  and  abetting  a  riot,  were  provisionally  released 
by  the  court  of  Maroua  on  December  17,  pending  decisions  on  their  appeals.  Credi- 


45-909    98-3 


40 

ble  observers  disagree  as  to  whether  these  convictions  were  based  on  political  or 
criminal  grounds. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
preamble  of  the  Constitution  provides  for  the  inviolability  of  the  home,  for  the  pro- 
tection against  search  except  by  virtue  of  law,  and  for  the  privacy  of  all  correspond- 
ence. However,  there  were  a  number  of  credible  reports  that  police  and  gendarmes 
harassed  citizens,  conducted  searches  without  warrants,  and  seized  mau.  Security 
forces  frequently  used  roadblocks  to  extract  bribes.  There  were  credible  reports  that 
the  Government  kept  some  opposition  activists  and  dissidents  under  surveillance. 

The  law  permits  a  police  officer  to  enter  a  private  home  during  daylight  hours 
without  a  warrant  if  he  is  pursuing  an  inquiry  and  has  reason  to  suspect  that  a 
crime  has  been  committed.  The  officer  must  have  a  warrant  to  make  such  a  search 
after  dark.  However,  a  police  officer  may  enter  a  private  home  at  any  time  in  pur- 
suit of  a  criminal  observed  conunitting  a  crime.  An  administrative  authority  may 
authorize  police  to  conduct  neighborhood  sweeps  in  search  of  suspected  criminals  or 
stolen  or  illegal  goods  without  individual  warrants.  Such  roundups  are  conducted 
frequently. 

Sweeps  involving  forced  entry  into  homes  occurred  in  Yaounde  and  Douala  on  sev- 
eral occasions  during  the  year.  Typically,  security  forces  seal  off  a  neighborhood, 
search  homes  one  after  another,  arrest  persons  without  identification,  and  seize  sus- 
picious or  illegal  articles.  In  January  tney  carried  out  such  sweeps  in  Yaounde  fol- 
lowing a  series  of  crimes  there.  The  purview  of  a  March  order  issued  by  Northwest 
province  Governor  Francis  Fai  Yengo  restricting  movement  also  included  searches 
of  individual  premises  and  residences  and  imposition  of  a  curfew. 

In  August  tne  press  published  transcripts  of  telephone  conversations  between  sen- 
ior officials.  It  was  unclear  whether  the  taping  constituted  illegal  surveillance. 
There  was  no  information  as  to  who  authorized  the  surveillance  or  the  release  of 
this  information. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  expres- 
sion and  of  the  press;  however,  the  Government  continued  to  impose  some  limits  on 
these  rights.  The  Penal  Code's  libel  laws  specify  that  defamation,  abuse,  contempt, 
and  dissemination  of  false  news  are  offenses  punishable  by  prison  terms  and  heavy 
fines. 

These  various  criminal  libel  statutes  are  sometimes  invoked  by  the  Government 
to  silence  criticism  of  the  Government  and  government  ofiicials.  There  are  also  in- 
stances of  legitimate  libel  cases  resulting  from  reporting  by  untrained  and  inexperi- 
enced journalists. 

The  press  enjoyed  increased  liberty  to  publish  due  to  the  1996  repeal  of  a  law  that 
had  authorized  press  censorship  by  the  Government.  Nevertheless,  the  Government 
arrested  at  least  five  members  of  the  press  and  prosecuted  four  on  criminal  libel 
charges.  The  courts  imposed  stiff  fines  and  jail  terms,  and  one  journalist  reported 
being  tortured  during  detention  (see  Section  I.e.).  Some  of  these  prosecutions  appear 
to  have  been  politically  motivated.  In  addition,  there  were  at  least  10  instances  in 
which  the  CJovemment  demanded  that  newspapers  be  seized  under  court  orders,  cit- 
ing laws  authorizing  preservation  of  public  order.  In  the  case  of  one  newspaper, 
Mutations,  seizures  ordered  by  the  Minister  of  Territorial  Administration  continued 
in  certain  provinces  following  a  July  4  court  ruling  that  they  cease.  Other  cases  in- 
volved the  suspension  or  reassignment  of  public  media  reporters  who  displayed 
independence  from  the  Government. 

The  Government  publishes  an  official  newspaper,  the  Cameroon  Tribune,  and  op- 
erates all  radio  and  television  broadcasting.  Since  1990  the  law  has  provided  for  the 
licensing  of  private  radio  and  television  stations,  but  the  Government  has  not  ap- 
proved implementing  regulations.  Government  reporters  rarely  criticize  the  ruling 
party  or  portray  government  programs  in  an  unfavorable  light,  but  sometimes  do 
so  implicitly.  The  government-controlled  broadcast  media  provide  broad  reporting  of 
CPDM  functions,  while  giving  relatively  little  attention  to  opposition  events. 

While  40  to  50  private  newspapers  are  published  sporadically,  only  about  15  were 
published  on  a  regular  basis  during  the  year.  These  newspapers  are  often  outspoken 
in  their  criticism  of  the  President,  the  Government,  corruption,  and  economic  poli- 
cies. Because  of  the  high  cost  of  a  newspaper  to  an  average  citizen,  as  well  as  dis- 
tribution problems,  newspapers  are  not  read  widely  outside  the  major  cities. 

Television  and  radio  programming  includes  a  weekly  program  that  provides  an  op- 
portunity for  political  parties  represented  in  the  National  Assembly  to  present  their 
views.  The  program  faced  no  arbitrary  suspensions  during  the  year.  Eight  opposi- 
tion candidates  from  nonparliamentary  parties  received  limited  access  to  the  elec- 
tronic media  during  the  2-week  presidential  campaign. 


41 

Christian  Evoum  Ngange  of  Le  Messager,  who  had  been  arrested  in  1996  for  writ- 
ing a  satirical  piece  on  President  Biya  that  referred  to  him  by  an  insulting  name, 
was  sentenced  to  1  year  in  prison  and  fined  $600.  The  appeals  court  upheld  the  rul- 
ing, and  he  was  sent  to  prison  on  January  24.  The  Supreme  Court  then  received 
an  appeal  based  on  procedural  grounds  and  overturned  the  appellate  judgment.  He 
was  released  on  March  27  but  faces  the  possibility  of  a  new  trial. 

On  April  30,  Jean-Bosco  Tchoubet,  publisher  of  La  Revelation,  was  arrested  on 
libel  charges  for  published  insinuations  that  the  finance  minister  was  corrupt.  On 
June  1,  he  was  transferred  to  prison  pending  trial;  on  July  15,  he  was  convicted, 
given  a  6-month  suspended  sentence,  and  ordered  to  pay  a  $100  fine. 

On  March  20,  the  publisher  of  L'Independant  Hebdo,  Evariste  Menouga,  was  ar- 
rested along  with  several  colleagues  and  detained  for  1  month  before  being  convicted 
for  libel.  He  received  a  6-month  suspended  sentence.  He  had  reported  that  the  army 
was  on  the  brink  of  rebellion. 

In  the  most  publicized  case  during  the  year,  on  December  24  the  authorities  de- 
tained Pius  Njawe,  the  well-known  human  rights  activist  and  publisher  of  Le 
Messager,  reportedly  for  publishing  an  article  alleging  that  President  Biya  may 
have  had  a  heart  attack.  Njawe  remained  in  prison  at  the  end  of  the  year  and  was 
scheduled  for  trial  in  early  1998.  He  had  already  spent  17  days  in  jail  in  1966  under 
similar  circumstances  and  was  also  awaiting  review  of  the  appeals  of  his  two  1966 
libel  convictions.  Many  national  and  international  media  organs  condemned  his  de- 
tention. 

There  were  no  developments  in  several  1996  cases.  Journalists  Tietcheu  Kameni 
and  Paul  Nyemb,  who  had  been  convicted  with  Njawe  in  1966,  and  Eyoum  Ngangue 
remained  at  liberty  awaiting  the  outcome  of  their  appeals  of  their  libel  convictions. 
The  conviction  of  Vianney  Ombey  Ndzana,  involving  a  suspension  and  a  5-month 
prison  term  remained  under  appeal. 

Patrice  Ndedi  Penda,  publisher  of  Galaxie,  was  sentenced  in  1996  to  2  years  in 
prison  and  a  large  fine  for  having  libeled  the  Minister  of  State  in  charge  of  agri- 
culture; the  case  remained  under  appeal. 

In  the  case  of  Samuel  Eleme,  publisher  of  the  newspaper  La  Detente,  and  journal- 
ist Gaston  Ekwalla,  the  newspaper  remained  under  suspension,  but  Eleme  and 
Ekwalla  were  not  jailed.  Their  case  remained  under  appeal. 

Although  there  are  no  legal  restrictions  on  academic  freedom,  state  security  in- 
formants operate  on  university  campuses.  Many  professors  believe  that  adherence 
to  opposition  political  parties  can  have  an  adverse  effect  on  their  professional  oppor- 
tunities and  advancement.  Free  political  discussion  at  the  University  of  Yaounde  is 
dampened  by  the  presence  of  armed  security  forces,  as  well  as  sometimes  strident 
pro-opposition  student  groups.  Other  universities  and  educational  institutions  ap- 
peared to  be  relatively  free  of  the  coercive  presence  of  armed  security  forces  or  stri- 
dent student  groiips. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  freedom 
of  assembly,  but  the  Government  sometimes  restricts  this  right  in  practice.  The 
Penal  Code  prohibits  public  meetings,  demonstrations,  or  processions  without  prior 
government  approval. 

Following  the  attacks  on  government  installations  in  the  Northwest  province  in 
late  March,  Governor  Francis  Fai  Yengo  signed  an  order  for  a  dusk-to-dawn  curfew 
that  was  not  lifted  until  late  July. 

On  April  2,  South  West  province  Governor  Peter  Oben  Ashu  banned  the  publica- 
tion ceremony  of  a  book  by  the  Government's  ambassador  to  the  Central  African  Re- 
public, Christopher  Nsahlai,  on  the  pretext  that  it  would  disrupt  public  order,  al- 
though a  similar  ceremony  had  been  held  in  Yaounde  a  few  weeks  earlier. 

On  May  28,  Governor  Ashu  signed  an  order  banning  all  political  and  social  meet- 
ings throughout  the  South  West  province  following  several  incidents  of 
postlegislative  election  violence.  The  ban  was  lifted  on  July  14. 

On  June  6,  Sani  Alhadji,  SDF  provincial  coordinator  for  the  Center  province  and 
other  opposition  militants  were  arrested  outside  the  Supreme  Court  while  peacefully 
demonstrating  against  the  Court's  official  rendering  of  the  May  17  election  results. 

On  July  16,  Center  province  governor  Oumarou  Koue  issued  an  order  banning  all 
political  gatherings  in  the  province  until  July  25  in  order  to  enable  parliamentar- 
ians to  return  to  their  constituencies  after  the  June  session.  This  oraer  prevented 
the  opposition  SDF  party  from  holding  a  major  rally  at  the  national  stadium  on  July 
19,  for  which  the  authorities  had  already  granted  permission. 

The  law  provides  for  freedom  of  association,  but  the  Government  sometimes  re- 
stricts this  right  in  practice.  Over  140  political  parties  operated  legally  together 
with  a  Rowing  number  of  civic  associations.  There  were  fewer  government-imposed 
restrictions  on  these  parties  to  assemble  and  operate  than  in  years  prior  to  1996. 


42 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  generally  does  not  restrict  it  in  practice.  Religious  groups  must  be  ap- 
proved and  registered  with  the  Ministry  of  Territorial  Administration  in  order  to 
function  legally;  there  are  no  reports  that  the  Government  refused  to  register  any 
Christian  denomination.  Christian  churches  of  various  denominations  operate  freely 
throughout  the  country.  The  Government  verbally  attacked  the  Catholic  Church  for 
being  overly  supportive  of  the  political  opposition  through  its  forthright  criticism  of 
corruption  and  mismanagement  in  government.  Muslim  centers  also  operate  freely 
throughout  the  country. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  does  not  restrict  freedom  of  movement  within  the  country,  but 
government  security  forces  impede  domestic  travel.  Police  frequently  stop  travelers 
to  check  identification  documents,  vehicle  registrations,  and  tax  receipts  as  security 
and  immigration  control  measures.  Police  commonly  demand  illegal  payments  from 
citizens  whom  they  stop  at  roadblocks  or  other  points. 

The  Government  occasionally  uses  its  passport  control  powers  against  those  whom 
it  considers  potential  threats.  Victorin  Hameni  Bieleu,  the  president  of  the  Union 
of  Cameroonian  Democratic  Forces  party,  had  his  passport  withdrawn  6  years  ago. 
Following  the  legislative  elections  on  May  17,  he  was  issued  a  passport  by  frontier 
police  authorities.  Some  student  activists  implicated  in  1996  Yaounde  clashes  have 
also  been  unable  to  obtain  passports. 

Following  the  March  attacks  on  government  installations  in  the  Northwest  prov- 
ince, Governor  Yengo  signed  an  order  instituting  controls  and  checks  of  all  persons 
and  goods  moving  through  the  province. 

Cameroon  has  long  been  a  safe  haven  for  displaced  persons  and  refugees  from 
nearby  countries.  Although  the  Government  occasionally  returns  illegal  immigrants, 
there  were  no  reports  of  forced  repatriation  of  recognized  refugees.  Some  illegal  im- 
migrants have  been  subjected  to  harsh  treatment,  including  imprisonment. 

The  Government  cooperates  with  the  OfTice  of  the  U.N.  High  Commissioner  for 
Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees.  The 
Government  provides  first  asylum  to  persons  who  arrive  at  the  border  without  docu- 
mentation but  can  show  a  valid  claim  to  refugee  status.  There  are  currently  some 
47,332  refugees  in  the  country  for  whom  Cameroon  is  a  country  of  first  asylum.  The 
majority  of  these  persons — nearly  44,390 — are  Chadian.  The  remainder  are  prin- 
cipally from  Liberia,  Sudan,  Ethiopia,  Rwanda,  Burundi,  and  the  former  Zaire,  the 
Democratic  Republic  of  Congo.  There  were  1,400  refugees  who  arrived  in  Cameroon 
as  a  country  of  first  asylum  in  1996  and  800  during  the  year.  The  Government  ac- 
cepts for  resettlement  refugees  who  are  granted  refugee  status  by  the  UNHCR.  In 
1996  Cameroon  accepted  approximately  30  Rwandan  refugees  from  Tanzania  for  re- 
settlement, and  in  1997  received  66  Rwandan  refugees  from  Tanzania  and  the 
Democratic  Republic  of  Congo.  There  were  no  reports  of  forced  expulsion  of  persons 
having  a  valid  claim  to  refugee  status  during  the  year. 

In  response  to  a  transfer  order  from  the  U.N.  Tribunal  in  Arusha,  the  Govern- 
ment transferred  four  persons  suspected  of  war  crimes  to  Tanzania  in  February. 
The  transfer  of  two  more  persons  to  the  U.N.  Tribunal  occurred  on  November  19. 

In  late  August  and  early  September,  there  were  reports  that  about  500  Congolese 
refugees  fleeing  turmoil  in  Brazzaville,  Republic  of  Congo  and  other  parts  of  that 
country  arrived  at  Mouloundou  in  East  province.  According  to  the  UNHCR,  only 
about  200  were  actual  Congolese  citizens.  The  others,  including  Cameroonians, 
chose  to  return  across  the  border  after  a  brief  stay.  The  remainder  were  brought 
to  Bertoua,  and  voluntary  repatriation  began. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  constitutional  right  to  change  their  government,  but  dominance 
of  the  political  process  by  the  President  and  his  party  limit  the  ability  of  citizens 
to  exercise  this  right.  The  President  and  his  party  have  controlled  the  Government 
since  1982.  The  1992  presidential  election  was  highly  criticized  by  international  ob- 
servers and  widely  viewed  as  fraudulent.  The  1996  nationwide  multiparty  municipal 
elections  were  judged  to  be  generally  free  and  fair  by  domestic  and  international  ob- 
servers. However,  the  May  17  legislative  elections,  in  which  the  ruling  party  ulti- 
mately won  116  of  the  180  Assembly  seats,  were  criticized  by  three  international 
observer  missions  as  flawed  because  of  numerous  irregularities  in  voter  registration, 
counting  procedures,  and  violation  of  certain  other  aspects  of  the  electoral  code. 

Following  the  May  17  balloting,  21  political  parties  submitted  some  150  appeals 
to  the  Supreme  Court;  4  parties  demanded  the  annulment  of  the  contest,  and  19 
parties,  including  the  ruling  party,  called  for  the  elections  to  be  annulled  in  65  of 
74  constituencies.  Some  600  local  observers  who  received  accreditation  also  reported 


43 

numerous  anomalies  leading  to  the  disenfranchisement  of  a  significant  portion  of 
the  electorate.  The  Supreme  Court  demonstrated  a  modest  degree  of  independence 
in  dealing  with  these  complaints  and  called  for  by-elections  to  be  held  in  the  case 
of  seven  seats,  which  the  ruling  party  won  on  August  3.  Citizens  expressed  their 
disapproval  of  the  electoral  process  through  a  low-voter  turnout.  The  registration 
process,  which  is  open  continuously  except  during  elections,  is  hampered  by  officials 
who  appear  to  apply  the  law  irregularly  and  unevenly. 

The  majority  of  international  observers  endorsed  a  reform  measure  espoused  by 
the  opposition  that  calls  for  the  formation  of  a  permanent  and  autonomous  electoral 
commission  to  replace  the  present  system  of  elections  run  by  the  Ministry  of  Terri- 
torial Administration.  The  opposition  maintains  that  the  Ministry's  control  leads  to 
preelectoral  manipulation  oi  voter  registration  lists.  In  late  August,  the  opposition 
rallied  behind  a  proposed  bill  to  amend  the  Constitution  to  allow  for  an  independent 
electoral  commission,  a  second  round  runoff  system  for  the  presidential  election,  and 
a  return  to  the  5-year  term  for  president.  The  President's  majority  in  the  special 
session  of  the  Assembly  chose  not  to  consider  this  bill,  opting  instead  for  the  pas- 
sage of  a  few  minor  reforms  to  the  1991  electoral  code,  including  increased  discre- 
tionary power  for  the  Minister  of  Territorial  Administration  to  rule  on  the  admissi- 
bility of  candidacies. 

On  October  12,  President  Biya  won  re-election  in  a  process  marred  by  serious  pro- 
cedural flaws,  and  generally  considered  by  observers  as  not  free  and  fair.  The  three 
major  oppositions  parties  boycotted  the  elections,  and  the  election  irregularities 
were  especially  egregious  in  opposition  strongholds,  with  opposition  activists  not 
present  to  monitor  the  process. 

The  Government's  control  over  the  country's  administrative  apparatus  is  broad 
and  deep.  The  President  appoints  by  decree  the  chief  operating  official  (the  govern- 
ment delegate)  of  Yaounde,  Douala,  Bamenda,  and  several  other  large  cities.  These 
delegates  easily  dominate  the  elected  municipal  councils,  most  of  whose  members 
belong  to  opposition  parties.  The  President  also  directly  appoints  the  governors  of 
each  of  the  provinces.  The  governors  wield  considerable  power  in  the  electoral  proc- 
ess, interpreting  the  laws  and  determining  how  these  snould  be  implemented.  Im- 
portant lower  level  members  of  the  provincial  administrative  structures,  including 
the  senior  divisional  officers,  the  divisional  officers,  and  the  district  chiefs,  are  all 
career  civil  servants  appointed  by  the  Prime  Minister.  The  governors  and  senior  di- 
visional officers  wield  considerable  authority  within  the  areas  under  their  jurisdic- 
tion, including,  significantly,  the  authority  to  ban  political  meetings  that  they  deem 
likely  to  threaten  public  order.  A  majority  of  important  political  appointees  are 
drawn  from  the  President's  own  ethnic  group. 

In  1995  the  National  Assembly  passed  a  set  of  government-introduced  amend- 
ments to  the  1972  constitution,  which  established  strongly  centralized  power.  The 
amendments  included  a  two-term  limit  for  the  President,  the  creation  of  a  partially 
elected  (70  percent)  and  partially  appointed  (30  percent)  Senate,  and  the  creation 
of  a  set  of  regional  councils  with  limited  power  over  local  affairs.  The  amendments 
did  not  weaken  presidential  power,  and  the  independence  of  the  judiciary  remained 
Questionable.  Although  promulgated  by  the  President  in  January  1996,  most  of 
tnese  amendments  have  not  yet  been  implemented. 

There  are  no  laws  that  specifically  prohibit  women  or  members  of  minorities  from 
participating  in  government,  in  the  political  process,  or  in  other  areas  of  public  life. 
Women  are  underrepresented  in  the  Cabinet  (3  of  the  50  members),  in  the  National 
Assembly  (10  of  the  180  members),  and  in  the  CPDM.  Many  of  the  key  members 
of  the  Government  are  drawn  from  the  President's  own  ethnic  group.  Members  of 
other  ethnic  groups  and  regions  hold  34  Cabinet  seats,  compared  with  16  Cabinet 
positions  held  by  members  of  the  President's  ethnic  group. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Domestic  and  international  human  rights  monitoring  groups  generally  have  con- 
siderable latitude  to  operate.  A  large  number  of  independent  numan  rights  monitor- 
ing groups  exist,  although  the  activities  of  virtually  all  are  limited  by  a  shortage 
of  funds  and  trained  personnel.  The  Government  did  not  generally  prevent  human 
rights  monitors  from  operating,  but  on  occasion  used  its  authority  to  approve  or 
withhold  ofilcial  recognition  of  nongovernmental  organizations  (NGO's).  This  was 
the  case  with  Conscience  Africaine,  an  NGO  that  received  international  suppwrt  for 
training  election  observers  until  the  Government  announced  that  it  had  not  received 
official  recognition,  thus  halting  implementation  of  its  program;  however,  the  NGO 
continued  to  operate  in  practice.  The  Government  sometimes  impedes  the  effective- 
ness of  human  rights  NGO's  by  limiting  access  to  prisoners  ana  refusing  to  share 
information. 


44 

There  were  several  cases  of  possible  harassment  of  human  rights  monitors.  On 
February  27,  Abdoulaye  Math,  president  of  a  human  rights  organization  based  in 
Maroua  was  arrested  as  he  was  preparing  to  go  abroad  to  attend  a  hunian  rights 
program.  Charged  with  fraud,  he  was  provisionally  released  pending  trial.  There 
were  no  further  developments  in  that  case,  but  he  was  arrested  again  in  November, 
allegedly  in  connection  with  a  fraudulent  vehicle  purchase.  He  was  subsequently  re- 
leased, and  no  charges  were  filed.  Another  member  of  this  organization,  Nfohamadou 
Moustapha,  was  severely  beaten  at  Maroua  prison  on  July  31  when  he  attempted 
to  intercede  on  behalf  of  a  prisoner  being  abused  (see  Section  I.e.). 

Human  rights  NGO's  include  the  National  League  for  Human  Rights,  the  Organi- 
zation for  Human  Rights  and  Freedoms,  the  Association  of  Women  against  Violence, 
the  Cameroonian  Association  of  Female  Jurists,  the  Cameroonian  Association  for 
Children's  Rights,  Conscience  Africaine,  the  Movement  for  the  Defense  of  Human 
Rights  and  Liberties,  the  Human  Rights  Defense  Group,  and  the  Human  Rights 
Chnic  and  Education  Center.  A  number  of  these  groups  issued  press  releases  or  re- 
ports detailing  specific  human  rights  violations.  Many  held  seminars  and  workshops 
on  various  aspects  of  human  rights. 

The  governmental  National  Commission  on  Human  Rights  and  Freedoms,  al- 
though hampered  by  a  shortage  of  funds,  conducted  a  number  of  investigations  into 
human  rights  abuses  and  organized  several  human  rights  seminars  aimed  at  judi- 
cial officials,  security  personnel,  and  other  government  officers.  The  Conunission  has 
never,  however,  published  any  results  of  its  investigations.  Its  reports  have  been 
submitted  to  the  Prime  Minister  and  President  but  never  released. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  sex  and  mandates  that  "every- 
one has  equal  rights  and  obligations."  It  does  not  explicitly  forbid  discrimination 
based  on  race,  language,  or  social  status.  The  Government  does  not  effectively  en- 
force these  constitutional  provisions. 

Women. — Violence  against  women  remains  at  high  levels.  Women's  rights  advo- 
cates report  that  the  law  does  not  impose  effective  penalties  against  persons  who 
commit  acts  of  domestic  violence  against  women.  There  are  no  gender-specific  as- 
sault laws,  despite  the  fact  that  women  are  the  predominant  victims  of  domestic  vio- 
lence. Spouse  abuse  is  not  a  legal  ground  for  divorce.  In  cases  of  sexual  assault,  a 
victim's  family  or  village  often  imposes  direct,  summary  punishment  on  the  sus- 
pected perpetrator  through  extralegal  means  ranging  from  destruction  of  property 
to  beating.  While  there  are  no  reliable  statistics  on  violence  against  women,  the 
large  number  of  newspaper  reports — a  fraction  of  actual  incidents — indicates  that  it 
is  common. 

Despite  constitutional  provisions  recognizing  women's  rights,  women  do  not,  in 
fact,  enjoy  the  same  rights  and  privileges  as  men.  Polygyny  is  permitted  by  law  and 
tradition,  but  polyandry  is  not.  The  extent  to  which  a  woman  may  inherit  from  her 
husband  is  normally  governed  by  traditional  law  in  the  absence  of  a  will,  and  cus- 
toms vary  from  group  to  group.  In  many  traditional  societies,  custom  grants  greater 
authority  and  benefits  to  male  than  to  female  heirs.  In  cases  of  divorce,  the  hus- 
band's wishes  determine  custody  of  children  over  the  age  of  6.  While  a  man  may 
be  convicted  of  adultery  only  if  the  sexual  act  takes  place  in  his  home,  a  female  may 
be  convicted  without  respect  to  venue.  In  the  northern  provinces,  some  Lamibe  re- 
portedly prevent  their  numerous  wives  from  ever  leaving  the  palaces. 

Children. — The  Constitution  provides  for  a  child's  right  to  education,  and  school- 
ing is  mandatory  through  the  age  of  14.  Nevertheless,  rising  school  fees  and  costs 
for  books  have  forced  many  families  to  forgo  sending  their  children  to  school.  Babies 
and  small  children  are  sometimes  held  in  prison  if  their  mothers  are  incarcerated 
(see  Section  I.e.).  The  degree  of  familial  child  abuse  is  not  known  but  is  one  of  sev- 
eral targeted  issues  of  children's  rights  organizations. 

Female  genital  mutilation  (FGM),  which  has  been  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  not  widely 

firacticed,  but  it  is  practiced  in  some  areas  of  Far  North  and  Southwest  provinces, 
t  includes  the  most  severe  form  of  the  abuse,  infibulation,  and  is  usually  practiced 
on  preadolescent  girls.  The  Government  sponsored  several  events  directea  at  this 
problem  in  the  capital  during  the  year. 

People  With  Disabilities. — A  1983  law  and  subseauent  implementing  legislation 
proviae  certain  rights  for  persons  with  disabilities.  These  include  access  to  public 
institutions,  medical  treatment,  and  education.  The  (jovernment  is  obliged  to  bear 
part  of  a  disabled  person's  educational  expenses,  to  employ  disabled  persons  where 
possible,  and,  as  necessary,  to  provide  them  with  public  assistance.  However,  these 
rights  are  in  fact  rarely  respected.  There  are  few  facilities  for  disabled  persons  and 


45 

little  public  assistance  of  any  kind.  Lack  of  facilities  and  care  for  the  mentally  dis- 
abled is  particularly  acute.  Society  tends  to  treat  the  disabled  as  tainted,  leaving 
churches  or  foreign  NGO's  responsible  for  providing  assistance.  The  law  does  not 
mandate  special  access  provisions  to  buildings  and  facilities  for  people  with  disabil- 
ities. 

Indigenous  People. — The  population  of  indigenous  Baka  Pygmies,  a  term  that  fact 
encompasses  several  different  ethnic  groups,  primarily  reside  in  the  forested  areas 
of  the  South  and  East  provinces.  While  no  legal  discrimination  exists,  other  groups 
often  treat  them  as  inferior  and  sometimes  subject  them  to  unfair  and  exploitative 
labor  practices. 

Religious  Minorities. — There  is  some  societal  discrimination  against  Christians. 
Some  Christians  in  rural  areas  of  the  north,  a  predominantly  Muslim  region,  com- 
plain of  discrimination  by  Muslims.  Such  discrimination  appears  to  arise  from  cul- 
tural bias. 

National/ Racial f Ethnic  Minorities. — There  are  frequent  and  credible  allegations 
of  discrimination  among  Cameroon's  more  than  200  ethnic  groups.  President  Biya's 
Bulu  ethnic  group  and  members  of  closely  related  Beti  groups  hold  key  positions  in 
government,  the  security  forces,  and  the  military  forces.  In  other  sectors,  discrimina- 
tion by  other  ethnic  groups  is  common.  Virtually  all  ethnic  groups  provide  pref- 
erential treatment  to  fellow  members  where  they  are  able  to  do  so. 

An  important  ethnic,  political  division  falls  along  linguistic  lines  rooted  in  the  co- 
lonial period.  The  Anglophone  minority  (20  percent)  often  charges  that  the 
Francophone  majority  does  not  share  real  power  and  that  the  Government  provides 
fewer  economic  benefits  to  English-speaking  regions. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — A  1992  Labor  Code  allows  workers  to  form  and  join 
trade  unions  of  their  choosing.  The  Labor  Code  permits  groups  of  at  least  20  work- 
ers to  organize  a  union  but  also  requires  registration  with  the  Ministry  of  Labor. 
In  practice,  independent  unions  have  found  it  extremely  difficult  to  obtain  registra- 
tion. Registered  unions  are  invariably  subject  to  government  domination  and  inter- 
ference. 

The  International  Labor  Organization  (ILO)  noted  that  the  Government  has  failed 
since  1991  to  recognize  the  National  Union  of  Teachers  of  Higher  Education. 

Provisions  of  the  Labor  Code  do  not  apply  to  civil  servants,  employees  of  the  peni- 
tentiary system,  or  workers  responsible  for  national  security.  In  lieu  of  strikes,  civil 
servants  are  required  to  negotiate  grievances  directly  with  the  minister  of  the  con- 
cerned department  and  with  the  Minister  of  Labor.  Some  sections  of  the  Labor  Code 
have  never  taken  effect,  as  not  all  of  the  implementing  decrees  have  been  issued. 
No  new  implementing  decrees  were  issued  during  the  year. 

There  are  two  trade  union  confederations.  In  1995  the  Government  encouraged 
the  creation  of  a  new  labor  confederation,  the  Union  of  Free  Trade  Unions  of  Cam- 
eroon (USLC),  with  which  it  maintains  close  ties.  Previously,  the  sole  labor  confed- 
eration had  been  the  Confederation  of  Cameroonian  Trade  Unions  (CCTU),  formerly 
afllliated  with  the  ruling  CPDM  party  under  the  name  Organization  of 
Cameroonian  Trade  Unions.  While  both  organizations  appear  to  be  dominated  or  at 
least  thoroughly  intimidated  by  the  Government,  the  creation  of  the  USLC  was 
widely  interpreted  as  an  effort  by  the  Government  to  create  a  rival  trade  union  con- 
federation more  firmly  under  its  control. 

The  Labor  Code  explicitly  recognizes  workers'  right  to  strike  but  only  after  man- 
datory arbitration.  Arbitration  proceedings  are  not  legally  enforceable  and  can  be 
overturned  by  the  (jovernment.  The  Labor  Code  provides  for  the  protection  of  legal 
strikes  and  prohibits  retribution  against  them.  There  were  few  strikes  during  the 
year. 

The  CCTU  is  a  member  of  the  organization  of  African  Trade  Union  Unity 
(OATUU)  and  the  International  Confederation  of  Free  Trade  Unions  (ICFTU).  The 
USLC  filed  applications  for  membership  with  these  organizations  in  1995.  At  year's 
end,  the  USLC  was  still  awaiting  a  response  to  its  bid  to  join  the  OATUU  and 
ICFTU. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Code  provides  for 
collective  bargaining  between  workers  and  management  in  work  places,  as  well  as 
between  labor  federations  and  business  associations  in  each  sector  of  the  economy. 
No  sectoral  collective  bargaining  negotiations  were  undertaken  during  the  year.  The 
Labor  Code  prohibits  antiunion  discrimination,  and  employers  guilty  of  such  dis- 
crimination are  subject  to  fines  of  up  to  $2,000.  However,  employers  found  guilty 
are  not  required  to  reinstate  the  workers  against  whom  they  discriminated.  The 
Ministry  of  Labor  reported  no  complaints  of  such  discrimination  during  the  year. 


46 

There  is  an  industrial  free  zone  regime,  but  the  Government  did  not  grant  ap- 
proval to  any  firms  to  operate  under  it  during  the  year.  Free  zone  employers  are 
exempt  from  some  provisions  of  the  Labor  Code  but  must  respect  all  internationally 
recognized  worker  rights. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  and  the  Labor 
Code  prohibit  forced  or  compulsory  labor,  but  it  occurs  in  practice.  Forced  or  bonded 
labor  by  children  is  not  specifically  prohibited  (see  Section  6.d.).  The  authorities  con- 
tinued to  allow  prison  inmates  to  be  contracted  out  to  private  employers  or  used  as 
communal  labor  for  municipal  public  works. 

There  are  credible  reports  that  slavery  continues  to  be  practiced  in  the  Lamidat 
of  Rey  Bouba,  an  isolated  traditional  kingdom  in  the  North  province.  In  South  and 
East  provinces,  Baka  Pygmies  are  subjected  to  unfair  and  exploitative  labor  prac- 
tices (see  Section  5). 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Although 
the  Constitution  prohibits  forced  or  bonded  labor,  it  does  not  specifically  prohibit 
such  labor  by  children  (see  Section  6.c.).  Pygmy  children  are  sometimes  suDJect  to 
unfair  and  exploitative  labor  practices.  The  Constitution  declares  that  the  nation 
shall  protect  and  promote  the  family,  with  a  specific  reference  to  the  young.  It  pro- 
vides for  a  child's  right  to  education  and  msikes  primary  education  compulsory.  The 
Labor  Code  forbids  the  employment  of  children  under  the  age  of  14.  However,  Min- 
istry of  Labor  inspectors  responsible  for  enforcing  the  law  lack  resources  for  an  ef- 
fective inspection  program.  In  rural  areas,  many  children  begin  work  at  an  early 
age  on  family  farms.  Often,  rural  youth,  especially  girls,  are  employed  by  relatives 
as  domestic  helpers,  while  many  urban  street  vendors  are  under  14  years  of  age. 
There  are  no  special  provisions  limiting  working  hours  for  children. 

In  September  the  ILO's  Africa  Office  held  a  workshop  in  Yaounde  to  develop  an 
action  plan  against  child  labor. 

e.  Acceptable  Conditions  of  Work. — Under  the  Labor  Code,  the  Ministry  of  Labor 
is  responsible  for  setting  a  single  minimum  wage  applicable  nationwide  in  all  sec- 
tors. The  minimum  wage  is  approximately  $40  (23,500  cfa  francs)  per  month.  It  does 
not  provide  a  decent  standara  of  living  for  an  average  worker  and  family. 

The  Labor  Code  establishes  a  standard  workweek  of  40  hours  in  public  and  pri- 
vate non agricultural  firms,  and  48  hours  in  agricultural  and  related  activities.  The 
Code  makes  compulsory  at  least  24  consecutive  hours  of  weekly  rest.  The  Govern- 
ment sets  health  and  safety  standards,  and  Ministry  of  Labor  inspectors  and  occu- 
pational health  doctors  are  responsible  for  monitoring  these  standards.  However, 
they  lack  the  resources  for  a  comprehensive  inspection  program.  There  is  no  specific 
legislation  permitting  workers  to  remove  themselves  from  dangerous  work  situa- 
tions without  jeopardy  to  continued  employment. 


CAPE  VERDE 

Cape  Verde  is  a  multiparty  parliamentary  democracy  in  which  constitutional  pow- 
ers are  shared  between  the  elected  Head  of  State,  President  Antonio  Mascarenhas 
Monteiro,  an  independent  and  the  Head  of  Government,  Prime  Minister  Carlos 
Wahnon  Veiga,  and  his  party,  the  Movement  for  Democracy  (MPD).  The  MPD  has 
an  absolute  majority  in  the  ^fational  Assembly.  The  principal  opposition  party,  the 
African  Party  for  the  Independence  of  Cape  Verde  (PAICV)  held  power  in  a  one- 
party  state  from  independence  in  1975  until  1991.  The  judiciary  is  independent. 

The  (government  controls  the  police,  which  have  primary  responsibility  for  main- 
tenance of  law  and  order.  Some  members  of  the  police  committed  a  few  human 
rights  abuses. 

Cape  Verde  has  a  market-based  economy  but  little  industry  and  few  exploitable 
natural  resources.  The  country  has  a  long  history  of  economically  driven  emigration, 
primarily  to  Western  Europe  and  the  United  States,  and  receipts  from  Cape 
Verdeans  abroad  remain  an  important  source  of  income.  Even  in  years  of  optimum 
rainfall,  the  country  can  produce  food  for  only  25  percent  of  the  population,  result- 
ing in  heavy  reliance  on  international  food  aid. 

The  Government  generally  respected  the  human  rights  of  its  citizens,  and  the  law 
and  judiciary  provide  effective  means  of  dealing  with  instances  of  individual  abuse. 
There  were  isolated  cases  of  police  abuse,  including  beatings,  of  citizens  detained 
on  suspicion  of  criminal  activity.  Domestic  violence,  discrimination  against  women 
and  mistreatment  of  children  continued  to  be  serious  problems.  Although  the  Gov- 
ernment supported  legislation  to  ameliorate  these  problems,  it  failed  to  adopt,  im- 
plement, and  enforce  policies  designed  to  address  the  most  critical  challenges.  There 
were  instances  of  media  self-censorship,  and  the  authorities  sometimes  prosecuted 


47 

for  criminal  libel  journalists  and  editors  who  published  material  critical  of  govern- 
ment oflicials. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices,  but  there  were  isolated  cases  of  police 
mistreatment,  including  beatings,  of  citizens  detained  on  suspicion  of  criminal  activ- 
ity. Severe  overcrowding  of  prisons  is  a  problem.  The  Government  permits  both  for- 
mal visits  by  human  rights  monitors  to  prisons  and  routine  visits  to  individual  pris- 
oners. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  stipulates  that  authorities  bring 
charges  before  a  judge  within  48  hours  of  arrest.  Police  may  not  make  arrests  with- 
out a  court  order  unless  a  person  is  caught  in  the  act  of  committing  a  felony.  In 
exceptional  cases,  and  with  the  concurrence  of  a  court  official,  authorities  may  de- 
tain persons  without  charge  for  up  to  5  days.  These  laws  are  observed  in  practice. 

The  Ministry  of  Justice  has  40  days  to  prepare  for  trial  in  state  security  cases 
and  may  detain  persons  until  trial  or  for  a  period  not  to  exceed  1  year.  Tnere  is 
a  functioning  system  of  bail. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  a  judiciary  inde- 
pendent of  the  executive  branch,  and  the  Government  respects  this  provision  in 
practice. 

The  judicial  system  is  composed  of  the  Supreme  Court  and  the  regional  courts. 
There  are  five  Supreme  Court  judges,  including  one  appointed  by  the  ft-esident,  one 
appointed  by  the  National  Assembly,  and  three  appointed  by  the  High  Council  of 
Magistrates.  Judges  are  independent  and  may  not  belong  to  a  political  party. 

The  Constitution  provides  for  the  right  to  a  fair  trial.  Defendants  are  presumed 
to  be  innocent;  they  have  the  right  to  public,  nonjury  trial;  to  counsel;  to  present 
witnesses;  and  to  appeal  verdicts.  Free  counsel  is  provided  for  the  indigent.  Regional 
courts  adjudicate  minor  disputes  on  the  local  level  in  rural  areas.  The  Ministry  of 
Justice  and  Labor  appoints  local  judges,  who  are  usually  prominent  local  citizens. 
Defendants  may  appeal  regional  court  decisions  to  the  Supreme  Court. 

The  judiciary  generally  provides  due  process  rights.  However,  there  are  serious 
delays  owing  to  understafTing,  and  the  right  to  an  expeditious  trial  is  constrained 
by  a  seriously  overburdened  judicial  system.  A  backlog  of  cases  routinely  leads  to 
trial  delays  of  6  months. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices,  government  authorities  respect  these  prohibi- 
tions, and  violations  are  subject  to  elTective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  to  ex- 
press ideas  by  words,  images,  or  any  other  means,  and  for  freedom  of  the  press 
without  censorship.  The  Government  generally  respected  these  freedoms  in  practice, 
and  there  is  a  substantial  independent  press.  Nevertheless,  there  was  continued 
criticism  by  independent  political  figures  of  the  performance  of  the  state-controlled 
television,  radio,  and  print  media  for  their  failure  to  exercise  vigorously  their  mon- 
itoring role  in  a  multiparty  system. 

Journalists  are  independent  of  government  control  and  are  not  required  to  reveal 
their  sources.  However,  self-censorship  within  government-controlled  media,  includ- 
ing the  national  television  and  radio  networks  as  well  as  the  state-owned  newspaper 
Novo  Jomal,  influences  media  criticism  of  the  Government.  Under  broadly  inter- 
preted criminal  libel  laws,  the  authorities  frequently  prosecuted  and  often  convicted 
and  fined  opposition  newspaper  editors  and  journalists  who  published  articles  criti- 
cal of  government  officials. 

Government  authorization  is  not  needed  to  establish  newspapers,  other  printed 

fmblications,  or  electronic  media.  Despite  the  broadly  interpreted  criminal  libel 
aws,  independent  media  outlets  experienced  no  direct  pressure  in  their  daily  oper- 
ations or  business  activities.  The  national  radio  station  oroadcasts  live  National  As- 
sembly sessions. 

The  Constitution  provides  for  academic  freedom,  and  this  right  is  respected  in 
practice. 


48 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly  and  association  without  authorization  and  without 
harassment  oy  the  authorities.  Throughout  the  year,  labor  organizations,  opposition 
political  parties,  civic  action  groups,  and  numerous  others  exercised  this  right  with- 
out government  interference  or  objection. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  the  freedom  of  religion  and 
the  separation  of  church  and  State.  It  also  prohibits  the  State  from  imposing  reli- 
gious beliefs  and  practices.  The  Government  respects  these  rights  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  citizens  with  the  right  to  travel  and  establish  resi- 
dence without  government  restrictions. 

The  Constitution  provides  for  repatriation,  and  the  Government  respects  this  in 
practice. 

The  Constitution  provides  for  the  right  of  asylum  by  refugees,  and  no  violations 
have  been  reported.  According  to  the  Human  Rights  Commission,  credible  media  re- 
ports, and  government  officials,  Nigerian  citizens  have  been  subject  to  discrimina- 
tion by  immigration  authorities. 

The  Government  has  not  formulated  specific  policies  regarding  refugees  or  first 
asylum,  and  the  issue  of  first  asylum  has  never  arisen. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government.  Power  was  transferred  peace- 
fully by  the  PAICV  to  the  MFD  following  free  and  fair  elections  in  1991;  a  second 
general  election  in  1995  and  municipal  and  presidential  elections  in  1996  also  were 
judged  free  and  fair  by  international  observers. 

Tne  Constitution  provides  for  separation  of  powers.  Cabinet  ministers  are  not  re- 
quired to  be  members  of  the  National  Assembly,  but  they  are  individually  subject 
to  confirmation  by  the  President  of  the  Republic.  Collectively,  they  must  retain  the 
support  of  a  parliamentary  majority.  The  President  may  dismiss  the  Government 
with  the  approval  of  the  Council  of  the  Republic,  which  is  composed  of  the  president 
of  the  National  Assembly,  the  Prime  Minister,  the  president  of  the  Supreme  Court, 
the  Attorney  General,  the  president  of  the  Regional  Affairs  Council,  and  four  private 
members.  Keferendums  may  be  held  under  specified  circumstances,  but  they  may 
not  challenge  individual  political  rights  and  liberties  or  the  right  of  opposition  par- 
ties to  exist  and  function  freely. 

There  are  no  restrictions  in  law  or  practice  regarding  the  rights  of  women  or 
members  of  minorities  to  vote  or  to  participate  in  the  political  process.  Women  com- 
prise 11  percent  of  the  deputies  elected  to  the  National  Assembly.  There  is  one  fe- 
male cabinet  minister. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  is  one  private  human  rights  groups  in  Cape  Verde — the  National  Commis- 
sion of  the  Rights  of  Man.  No  major  numan  rights  organizations  conducted  inves- 
tigations during  the  year. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  sex,  religion,  disability, 
language,  or  social  status.  However,  the  Government  does  not  effectively  enforce  all 
its  provisions,  resulting  in  ongoing  discrimination,  particularly  against  women  and 
children. 

Women. — Domestic  violence  against  women,  including  wife  beating,  remains  com- 
mon. Victims  rarely  report  crimes  such  as  rape  and  spousal  abuse  to  the  police. 
Women's  organizations  are  seeking  legislation  to  establish  a  special  family  court  to 
address  crimes  of  domestic  violence  and  abuse. 

Women  continue  to  face  discrimination  in  several  ways.  Despite  constitutional 
prohibitions  against  sex  discrimination  and  provisions  for  full  equality,  including 
equal  pay  for  equal  work,  discrimination  continues.  Women  experience  difficulties 
in  obtaining  certain  types  of  employment.  Although  they  are  often  paid  less  than 
men,  they  are  making  modest  inroad,s  in  the  professions. 

The  Constitution  prohibits  discrimination  against  women  in  inheritance,  family, 
and  custody  matters.  However,  largely  because  of  illiteracy,  most  women  are  un- 
aware of  their  rights.  Women  are  oflen  reluctant  to  seek  redress  of  domestic  dis- 
putes in  the  courts.  The  Organization  of  Cape  Verdean  Women  alleges  disparate 
treatment  in  inheritance  matters,  despite  laws  calling  for  equal  rights. 

Children. — The  Government  has  prepared  studies  of  social  policy  priorities  and 
legal  rights  for  children  and  adolescents,  and  the  Cape  Verdean  Institute  for  Chil- 


49 

dren  has  been  restructured  in  accordance  with  norms  established  in  the  Convention 
on  the  Rights  of  the  Child  to  implement  its  obligations  under  the  Convention.  In 
education  the  Government's  priorities  include  extending  mandatory  education  to  6 
years  for  all  children,  and  there  has  been  substantial  progress  toward  this  objective. 
In  health  the  Government  seeks  to  reduce  infant  mortality  and  disease,  combat  drug 
and  alcohol  abuse,  and  discourage  teenage  pregnancy.  Child  abuse  and  mistreat- 
ment are  continuing  problems,  exacerbated  by  chronic  poverty,  large  unplanned 
families,  and  traditional  high  levels  of  emigration  of  adult  men.  Mass  media,  includ- 
ing government-controlled  media,  continue  to  highlight  children's  problems,  includ- 
ing sexual  violence  against  children,  juvenile  prostitution,  and  drug  abuse  as  well 
as  health  and  education  problems. 

People  With  Disabilities. — The  Government  does  not  mandate  access  to  public 
buildings  or  services  for  the  disabled.  Job  discrimination  against  the  physically  dis- 
abled is  prohibited.  There  are  no  official  schools  or  trained  teachers  for  the  disabled, 
although  several  nongovernmental  groups,  including  an  association  for  the  blind, 
are  active. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  that  workers  are  legally 
free  to  form  and  to  join  unions  without  government  authorization  or  restriction. 
There  are  two  umbrella  union  associations:  The  Council  of  Free  Labor  Unions,  com- 
posed of  11  unions  with  about  14,000  members,  and  the  National  Union  of  Cape 
Verde  Workers,  formed  by  the  former  ruling  party  but  operating  independent^, 
composed  of  14  unions  with  about  16,000  members.  The  Government  does  not  inter- 
fere with  the  activities  of  these  organizations,  but  both  suffer  from  a  shortage  of 
funds. 

The  Constitution  provides  union  members  with  the  right  to  strike,  and  the  Gov- 
ernment respects  this  right.  By  law  an  employer  must  reinstate  a  worker  fired  un- 
justly. 

Unions  are  free  to  affiliate  internationally  and  have  ties  with  African  and  inter- 
national trade  union  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  provides  for 
the  right  to  organize,  to  operate  without  hindrance,  and  to  sign  collective  work  con- 
tracts. Workers  and  management  in  the  small  private  sector,  as  well  as  in  the  pub- 
lic sector,  reach  agreement  through  collective  bargaining.  However,  as  the  country's 
lai^est  employer,  the  Government  continues  to  play  the  dominant  role  by  setting 
wages  in  the  civil  service.  It  does  not  fix  wages  for  the  private  sector,  but  salary 
levels  for  civil  servants  provide  the  basis  for  wage  negotiations  in  the  private  sector. 

A  1991  legislative  decree  bans  antiunion  discrimination  by  employers,  with  fines 
for  offenders.  There  were  no  reported  cases  of  such  discrimination. 
There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  labor  is  forbidden  by  law 
and  is  not  practiced. 

The  Government  prohibits  forced  and  bonded  labor  by  children  and  such  practices 
are  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  legal 
minimum  age  for  employment  is  14  years.  The  law  prohibits  children  under  the  age 
of  16  from  working  at  night,  more  than  7  hours  per  day,  or  in  establishments  where 
toxic  products  are  produced;  but  the  Government  rarely  enforces  the  law.  In  practice 
the  Ministry  of  Justice  and  Labor  enforces  minimum  age  laws  with  limited  success, 
and  then  only  in  the  urban,  formal  sectors  of  the  economy. 

The  Government  prohibits  forced  and  bonded  child  labor  and  such  practices  are 
not  known  to  occur  (see  Section  B.c). 

e.  Acceptable  Conditions  of  Work. — There  are  no  established  minimum  wage  rates 
in  the  private  sector.  Large  urban  private  employers  link  their  minimum  wages  to 
those  paid  to  civil  servants  which,  for  an  entry  level  worker,  is  approximately  $110 
(10,418  escudos)  per  month.  The  majority  of  jobs  pay  wages  insufiicient  to  provide 
a  worker  and  family  a  decent  standard  of  living;  therefore,  most  workers  also  rely 
on  second  jobs,  extended  family  help,  and  subsistence  agriculture. 

The  maximum  legal  workweek  for  adults  is  44  hours.  While  large  employers  gen- 
erally respect  these  regulations,  many  domestic  servants  and  rural  workers  work 
longer  hours. 

The  Director  General  of  Labor  conducts  periodic  inspections  to  enforce  proper 
labor  practices  and  imposes  fines  on  private  enterprises  which  are  not  in  conformity 
with  the  law.  However,  the  Government  does  not  systematically  enforce  labor  laws, 
and  much  of  the  labor  force  does  not  enjoy  their  protection.  There  are  few  industries 
that  employ  heavy  or  dangerous  equipment,  and  work-related  accidents  are  rare. 


50 

There  is  no  legal  provision  for  workers  to  remove  themselves  from  unsafe  working 
conditions  without  jeopardy  to  continued  employment. 


CENTRAL  AFRICAN  REPUBLIC 

The  Central  African  Republic  became  a  democracy  in  1993  following  free  and  fair 
elections  in  which  Ange  Felix  Patasse,  candidate  of  the  Movement  for  the  Liberation 
of  the  Central  African  People,  was  chosen  President.  Citizens  also  elected  an  85- 
member  National  Assembly;  no  party  holds  a  majority.  In  1994  a  Constitution  pro- 
viding for  multiparty  democracy  was  accepted  in  a  national  referendum.  The  judici- 
ary is  subject  to  executive  interference. 

In  January  following  the  killing  of  two  French  military  officers  by  rebel  troops, 
French  troops  seized  key  installations  in  and  around  the  cities  of  Lakouanga  and 
Bimbo,  effectively  ending  the  latest  in  a  series  of  1996  rebellions  by  forces  opposed 
to  the  Patasse  Government.  A  January  25  accord  formally  ended  the  November  1996 
mutiny.  President  Patasse  appointed  Michel  Gbezera-Bria  as  Prime  Minister  and  es- 
tablished the  Government  for  the  Defense  of  Democracy.  It  included  both  the  ruling 
party  and  members  of  the  opposition  political  coalition.  The  African  Mediation  Coa- 
lition sent  an  Inter-African  peacekeeping  force,  MISAB,  to  the  capital,  Bangui,  in 
late  January.  MISAB  established  a  procedure  for  reintegration  of  ebels  at  Camp 
Kasai  and  collection  of  weapons  distributed  by  rebels  to  civilians.  In  June  rebel  fac- 
tions attacked  MISAB  troops,  renewing  the  violence  in  the  Bangui  area.  In  fighting 
during  late  June,  500  persons  were  killed  and  70,000  civilians  were  forced  to  flee 
the  area.  In  July  talks  mediated  by  Amadou  Toumani  Toure,  a  former  president  of 
Mali,  resulted  in  an  agreement  between  the  Government  and  the  mutineers  that 
ended  the  June  mutiny. 

Military  forces,  the  National  Gendarmerie  under  the  Minister  of  Defense,  the  Na- 
tional Research  and  Investigation  Force  (CNRI),  the  civilian  police  force,  share  in- 
ternal security  responsibilities  under  the  direction  of  the  Minister  of  Public  Security. 
After  the  1996  mutinies,  the  Presidential  security  guard  increased  in  size  and  re- 
sponsibility. MISAB  helps  maintain  order  in  the  capital.  Security  forces  committed 
serious  human  rights  abuses.  Some  members  of  MISAB  also  committed  serious 
abuses. 

The  Central  African  Republic  is  a  landlocked  and  sparsely  populated  country, 
most  of  whose  inhabitants  practice  subsistence  agriculture.  Annual  per  capita  gross 
domestic  product  is  estimated  at  $357.  Principal  exports  are  coflee,  cotton,  timber, 
tobacco,  and  diamonds.  The  military  and  civil  unrests  during  the  year  resulted  in 
further  significant  decreases  in  public  revenues  and  higher  unemployment. 

The  Government's  human  rights  record  remained  poor,  and  serious  human  rights 
abuses  continued  in  certain  areas.  There  were  credible  reports  of  routine  summary 
executions  of  suspected  bandits  by  security  forces,  and  of  the  death  of  prisoners  due 
to  security  force  abuse.  Police  torture  and  beatings  of  detainees  and  prisoners  con- 
tinued. The  President  in  March  granted  amnesty  to  the  rebel  forces  for  acts  that 
they  had  committed  during  the  November  1996  mutiny.  The  Government  did  not 
prosecute  members  of  the  armed  forces  who  were  accused  of  abuses  during  any  of 
the  1996  mutinies.  It  granted  amnesty  to  participants  in  the  November  1996  mu- 
tiny. Other  human  rights  abuses  included  harsh  prison  conditions,  arbitrary  arrest, 
prolonged  detention  without  trial,  limits  on  judicial  independence,  infringements  on 
citizens'  right  to  privacy,  restrictions  on  freedom  of  assembly,  some  limits  on  free- 
dom of  religion,  restraints  on  press  freedom  to  criticize  the  Government,  a  pattern 
of  discrimination  and  violence  against  women,  female  genital  mutilation,  and  dis- 
crimination against  Pygmies. 

In  March  President  Patasse  granted  amnesty  to  former  senior  officials  of  the 
Kolingba  regime  who  were  charged  with  corruption.  These  people  had  been  held  in 
detention  for  an  extended  period. 

According  to  credible  sources,  members  of  the  Chadian  contingent  of  the  MISAB 
reportedly  committed  human  rights  abuses,  including  the  killing  of  civilians  and  the 
looting  of  residences. 

Many  human  rights  abuses  were  reported  in  the  areas  controlled  by  the  rebels. 
Rebel  forces  were  responsible  for  killings,  disappearances,  robberies,  carjackings, 
rape,  arson,  and  other  abuses  committed  against  civilians. 


51 

RESPECT  FOR  HUMAN  RIGHTS 
Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  known  political 
killings  (former  Interior  Minister  Grelombe  was  killed  by  unknown  persons  during 
the  November  mutiny).  There  were  credible  reports  that  the  army  and  the  gendar- 
merie routinely  executed  suspected  bandits  and  other  persons. 

In  May  three  former  rebels,  arrested  for  the  alleged  killing  of  a  presidential  guard 
and  his  wife  were  killed  while  in  the  custody  of  the  gendarmerie.  Opposition  parties 
accused  the  Presidential  Guard  and  some  military  personnel  of  this  killing  which 
took  place  in  gendarmerie  headauarters;  the  Government  conducted  a  judicial  inves- 
tigation, but  results  have  not  oeen  released.  The  Government  did  not  prosecute 
members  of  the  security  forces  for  these  or  other  killings.  Approximately  10  pris- 
oners died  in  custody  at  the  police  antibanditry  station  in  Bangui  in  connection  with 
repression  of  banditry,  according  to  the  Central  African  Republic  Human  Rights 
League  (see  Section  I.e.). 

Gendarmes  and  military  loyalists  dispersed  a  December  1996  demonstration,  kill- 
ing and  injuring  many  protesters  (see  Section  2.a.). 

Soldiers  reportedly  killed  an  estimated  200  persons  during  the  four  mutinies. 
President  Patasse  granted  amnesty  to  all  soldiers  who  had  mutinied  in  April,  May, 
and  November.  The  Crovemment  neither  investigated  nor  prosecuted  members  of 
the  armed  forces  for  the  killings  and  other  reported  abuses  committed  during  the 
1996  military  mutinies. 

Rebel  forces  killed  numerous  persons,  often  targeting,  torturing,  and  killing  civil- 
ians (see  Section  l.g.). 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  the  Penal  Code  prohibits  torture  and  specifies  sanctions  for  those  found 
guilty  of  physical  abuse,  the  police  continue  to  beat  and  otherwise  abuse  criminal 
suspects  and  prisoners.  At  one  police  station,  police  reportedly  tortured  and  abused 
all  the  individuals  detained.  Members  of  the  security  forces  also  tortured  and  beat 
journalists  (see  Section  2. a.).  Many  deaths  of  prisoners  due  to  official  abuse  were 
reported  to  the  courts  by  family  members  and  by  the  Human  Rights  League  execu- 
tive committee,  with  no  evident  official  response  taken.  In  May,  three  former  rebels 
died  in  the  custody  of  the  gendarmerie  (see  Section  l.a.).  The  August-September 
1996  National  Conference  on  Defense  (Etats-(}eneraux)  recommended  the  abolition 
of  special  secret  police  units  due  to  abusive  treatment  of  detainees  and  their  oper- 
ation as  a  parallel  and  secret  army  outside  the  normal  enforcement  structure.  There 
was  no  further  government  action  on  this  recommendation. 

Rebel  forces  used  torture  and  rape,  particularly  against  civilians  (see  Section  l.g.). 

Prison  conditions  are  extremely  harsh.  Cells  are  overcrowded,  and  the  basic  neces- 
sities of  life,  including  food,  clothing,  and  medical  care,  are  in  short  supply.  Avail- 
able supplies  are  reportedly  routinely  diverted  to  prison  officials  for  their  personal 
use.  Prisoners  are  frequently  forced  to  perform  uncompensated  labor  at  the  resi- 
dences of  government  ofilcials.  Male  and  female  prisoners  are  confined  in  separate 
facilities  in  Bangui  but  housed  together  elsewhere.  Minors  are  routinely  housed 
with  adults  and  subjected  to  physical  abuse.  The  infamous  Ngaragba  prison  is  still 
in  use  despite  promises  in  1996  to  construct  a  new  facility. 

The  Government  permits  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  provides  for  protection  against 
arbitrary  arrest  and  detention,  but  security  forces  often  ignore  these  provisions. 

The  law  stipulates  that  persons  detained  in  cases  other  than  those  involving  na- 
tional security  must  be  brought  before  a  magistrate  within  96  hours.  In  practice, 
the  authorities  often  do  not  respect  this  deadline,  in  part  due  to  inefficient  judicial 
procedures.  Judicial  warrants  are  not  required  for  arrest.  By  law,  national  security 
detainees,  defined  as  "those  held  for  crimes  against  the  security  of  the  State,"  may 
be  held  without  charge  for  up  to  2  months.  Previous  governments  used  the  national 
security  provision  of  the  law  to  arrest  their  opponents.  The  Patasse  (jovernment  has 
not  detained  political  opponents  under  this  provision,  although  presidential  guards 
arbitrarily  arrested  people  suspected  of  support  of  the  mutineers;  they  were  released 
within  days.  Presidential  guards  also  arrested  the  editor  of  an  independent  news- 
paper (see  Section  2.a.). 

Prolonged  pretrial  detention  is  a  problem.  Roughly  one-half  the  male  prison  popu- 
lation are  pretrial  detainees.  Officials  of  the  Kolingba  regime  (1981-1993),  who  had 
been  ofiicially  charged  with  corruption  and  in  some  cases  detained  more  than  18 
months  without  trial,  were  released  during  the  November  1996  mutiny.  In  late 
March,  as  required  by  the  Bangui  Accords,  President  Patasse  granted  amnesty  to 
those  ofiicials  and  all  rebels.  According  to  the  (jovemment  prosecutor,  about  1(X)  ci- 


52 

vilians  arrested  by  the  gendarmes  and  security  guards  and  accused  of  participating 
in  the  rebellion  were  also  released  under  the  pressure  of  the  International  Follow- 
up  Committee. 

The  law  does  not  permit  the  use  of  exile,  and  the  Government  has  not  employed 
it  in  practice.  The  Government  has  repeatedly  stated  that  any  person  in  exile  for 
stricthi'  political,  rather  than  criminal,  reasons  may  return  without  fear  of  persecu- 
tion. At  the  end  of  the  year,  there  were  no  known  political  self-exiles. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  there  are  reliable  reports  of  periodic  executive  interference. 

The  judiciary,  which  consists  of  regular  and  military  courts,  was  reorganized  in 
the  1994  Constitution.  Legislation  implementing  this  reorganization  was  enacted  in 
1996.  New  courts  of  justice  were  created  during  the  year  in  both  urban  and  rural 
areas. 

In  criminal  cases,  the  accused  are  presumed  innocent  and  have  the  ri^t  to  legal 
counsel,  to  public  trial,  to  be  present  at  their  trials,  and  to  confront  witnesses.  Tne 
Government  generally  respects  these  safeguards  in  practice,  but  ineflicient  adminis- 
tration of  the  law,  shortages  of  trained  personnel,  and  material  resources  hinder  the 
process.  The  criminal  court,  for  example,  did  not  convene  for  3  years  for  lack  of 
money.  The  Constitutional  Court  also  has  not  yet  met  for  lack  of  ofUce  facilities. 
Court  proceedings  are  open  to  the  public  and  broadcast  on  national  radio. 

A  July  meeting  on  the  reconciliation  and  reintegration  of  the  former  rebels  into 
the  army,  chaired  by  General  Amadou  Toumani  Toure,  addressed  many  abuses  in 
the  military  justice  system  and  established  recommendations  for  long-term  improve- 
ment. No  action  had  been  taken  on  recommendations  made  at  a  similar  meeting  in 
1996. 

There  were  no  reports  of  political  prisoners,  although  some  observers  note  that 
anticorruption  statutes  at  times  appear  to  have  been  applied  more  rigorously  to  offi- 
cials of  the  Kolingba  regime  than  to  current  officials. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Government  on  rare  occasions  abused  the  law  that  prohibits  invasion  of  homes  with- 
out a  warrant  in  civil  and  criminal  cases.  Police  did,  however,  use  provisions  of  the 
Penal  Code  governing  certain  political  and  security  cases  that  allow  them  to  search 
private  property  without  special  authorization.  The  Government  also  monitored  the 
telephones  of  some  opposition  figures  and  cut  their  telephone  lines  during  the  1996 
mutinies.  In  January  security  guards,  operating  of  the  orders  of  the  Government, 
cut  the  telephone  lines  of  former  Prime  Minister  Ngoupande  and  his  director  of 
staff,  Karim  Meckassoua. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— During  the  four  mutinies  from  April  1996  to  June  1997,  both  loyalist  and 
insurgent  factions  in  the  rebellion  inflicted  more  harm  on  noncombatants  than  on 
each  other.  Both  deliberately  targeted,  tortured,  and  killed  civilians,  ransacked  vil- 
lages in  areas  under  their  control,  and  confiscated  goods  and  food  supplies.  Most  vil- 
lagers took  refuge  in  the  forest.  According  to  the  President  of  the  Human  Rights 
Observatoire,  some  loyalists  based  in  Mbaiki  tortured,  raped,  and  killed  civilians. 
At  year's  end,  the  Government  had  not  punished  anyone  for  the  offenses.  Some 
members  of  the  MISAB  also  committed  sucn  abuses  (see  Section  l.a.). 

In  late  June,  rebels  attacked  MISAB  troops  based  in  the  controlled  areas  and  sub- 
jected residents  of  Bangui  to  a  week  of  shooting,  bombing,  and  heavy  mortar  fire. 
Several  buildings  in  the  southern  section  of  the  capital  were  destroyed.  Rebels  with- 
out military  uniforms  used  civilians  as  human  shields.  The  June  20-27  fighting  be- 
tween MISAB  and  the  rebels  resulted  in  the  heaviest  loss  of  life  of  the  four  rebel- 
lions. According  to  the  International  Committee  of  the  Red  Cross  (ICRC),  500  per- 
sons died  in  the  conflict  and  70,000  were  driven  from  their  homes.  Many  took  reiuge 
in  rural  areas  north  and  west  of  Bangui.  Media  witnesses  and  human  rights  groups 
reported  that  MISAB  soldiers  disregarded  citizens'  human  rights. 

In  January  after  the  killing  of  two  French  military  officers,  French  troops  at- 
tacked the  rebels  using  heavy  artillery  in  the  neighborhoods  of  Lakouanga  and 
Petevo.  An  estimated  100  civilians  were  killed  during  these  actions,  and  thousands 
fled  to  a  safe  area  north  of  the  capital,  according  to  ICRC  officials.  Many  people 
were  arrested  and  jailed  at  the  Presidential  Guard  headquarters  under  inhuman 
conditions. 

Chadian  members  of  the  MISAB  force  allegedly  committed  violent  crimes  in  Fat- 
ima,  Petevo,  and  elsewhere.  Former  Communication  Minister  Felix  Bougalama  was 
killed  in  front  of  his  home  in  Bangui  at  this  time.  A  Catholic  priest  in  the  Fatima 
church  reported  the  killing  of  old  people,  children,  and  women  by  soldiers  wearing 
MISAB  uniforms.  Residents  and  others  alleged  that  the  Chadian  contingent  was  re- 
sponsible. During  a  press  interview,  the  MISAB  commander  denied  tnese  allega- 
tions,  suggesting  that  criminal  elements  had  masqueraded   as  MISAB   members. 


53 

There  were  incidents  in  which  local  residents  attired  as  MISAB  members  committed 
violent  crimes. 

The  rebels  attacked  the  women's  jail  in  Bimbo  and  reportedly  raped  20  women. 
Witnesses  reported  that  in  the  village  of  Nzila  the  rebels  Killed  civilians  and  buried 
their  bodies.  They  also  destroyed  private  residences,  hospitals,  factories,  and  gas 
stations  in  the  neighborhoods  of  Petevo  and  Bimbo,  forcing  the  non-Yakomas  to 
leave.  They  erected  barricades  across  the  major  roads  of  Petevo  and  Boganda,  re- 
stricting the  free  passage  of  the  local  population  and  humanitarian  organizations 
such  as  the  ICRC  and  the  U.N.  High  Commissioner  for  Refugees  (UNHCR).  Rebels 
reportedly  restricted  free  access  to  the  major  hospitals.  This  resulted  in  women  and 
iniants  dying  for  lack  of  medical  care.  The  population  had  no  access  to  the  public 
cemetery  in  N'dres  near  Camp  Kasai,  where  the  bodies  of  the  victims  were  report- 
edly buried. 

Parallel  state  military  forces,  such  as  security  guards  (SERD,  CNRI)  and  some  po- 
litical militia  (Karako)  reportedly  used  excessive  force  and  committed  other  abuses. 
Civilians  were  killed  based  on  their  ethnicity. 

In  the  November  1996  mutiny,  the  rebels  organized  civilians  into  city  guerrilla 
groups.  They  reportedly  forcibly  recruited  hundreds  of  teenagers  and  younger  boys 
and  distributed  guns  to  the  recruits  and  other  civilians.  According  to  credible  re- 
ports, these  newly  organized  groups  committed  a  number  of  killings  and  robberies 
during  the  mutiny. 

The  ICRC  reported  that  there  were  several  hundred  killed  and  wounded  and 
70,000  displaced  in  June.  The  June  fighting  ended  with  the  unconditional  surrender 
of  the  rebels.  Rebels  signed  the  cease-fire  and  returned  most  heavy  weapons  and 
guns  to  the  French  army  under  the  auspices  of  the  International  Follow-up  Commit- 
tee and  submitted  by  returning  to  their  barracks.  The  MISAB  forces  had  some  suc- 
cess in  disarming  civilians  as  a  result  of  the  efforts  of  neighborhood  leaders,  reli- 
gious groups,  and  some  NGO's.  Some  civilians  returned  guns  and  ammunition. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press.  Although  the  Government  generally  allows  the  press  to  operate  free- 
ly, it  restricts  press  freedom  to  criticize  the  Government. 

Citizens  speak  freely  and  publicly,  criticizing  the  Government,  the  President's 
handling  of  certain  issues,  and  political  parties.  Opposition  leaders,  in  particular, 
use  press  statements,  manifestos,  and  copies  of  open  correspondence  to  the  Govern- 
ment, to  circulate  their  views.  During  the  year,  not  all  of  this  documentation  was 
published  by  the  government-controlled  media.  However,  the  (jovemment  made  no 
apparent  effort  to  censure,  seize,  or  halt  printing  and  circulation  of  these  materials 
elsewhere. 

More  than  a  dozen  private  newspapers  were  published  over  varying  intervals; 
only  four  were  published  on  a  regular  basis  during  the  year.  These  newspapers  were 
often  outspoken  in  their  criticism  of  the  President,  the  Government,  corruption,  and 
economic  policies.  They  openly  discussed  a  wide  variety  of  views  on  political  and  so- 
cial issues.  The  Government  sued  several  newspapers  following  accusations  of  cor- 
ruption published  by  their  newspapers.  Many  journalists  regarded  this  as  official 
harassment. 

During  the  mutinies,  private  journalists  were  harassed  and  persecuted  by  govern- 
ment security  guards  who  accused  them  of  being  manipulated  by  the  opposition.  In 
February  Richard  Bagouma,  editor  of  Nikpa,  was  kidnaped  by  security  guards.  He 
was  beaten,  tortured,  and  later  released,  following  pressure  from  human  rights  ob- 
servers and  political  parties.  Jean-Rigobart  Maka  Gbossokoto,  editor  and  publisher 
of  the  satirical  La  Tortue  Dechainee,  was  threatened  with  death  by  government  se- 
curity guards.  His  articles  had  severely  criticized  the  management  of  the  Govern- 
ment and  its  policies. 

The  editor  of  the  independent  Le  Novateur  was  arrested  by  Presidential  Guards 
and  detained  for  5  days  without  charge.  He  was  subsequently  rearrested  by  the 
CNRI,  accused  of  defamation,  tried,  and  sentenced  to  3  months'  imprisonment  for 
having  published  an  article  on  the  arbitrary  detentions  and  abuses  committed  by 
the  Presidential  Guards. 

Television  and  radio  included  weekly  programs  that  provided  an  opportunity  for 
those  political  parties  represented  in  the  National  Assembly  to  present  their  views. 
The  opposition  welcomed  this  new  access  to  the  public  media.  The  Government  owns 
and  controls  one  newspaper,  Acap  Bulletin,  which  appears  only  sporadically.  A  wire 
service  news  bulletin  and  a  radio  and  television  station  operated  more  regularly. 

A  private  radio  station,  Africa  No.l,  is  based  in  Libreville,  Gabon  and  has  been 
operating  since  1995.  A  church-affiliated  station  began  operations  the  same  year. 
Radio  France  Internationale  began  broadcasting  in  June.  The  opposition  parties  are 


54 

free  to  establish  private  stations  but  lack  the  money  to  do  so.  Although  its  formation 
had  been  announced  in  1994,  the  Government  has  still  not  yet  set  up  the  Hidi 
Council  of  Communication  to  regulate  the  management  of  private  media  and  help 
enforce  press  ethics;  a  bill  for  its  creation  was  pending  in  Parliament  at  year's  end. 
The  Government  does  not  impede  foreign  journalists  in  their  work. 

The  Government  respects  academic  freedom.  University  faculty  and  students  be- 
long to  many  political  parties  and  express  their  views  without  fear  of  reprisal. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  assembly,  but  the  Government  at  times  has  restricted  this  freedom.  A 
1992  decree  requires  organizers  of  demonstrations  and  public  meetings  to  register 
with  the  Government  48  hours  in  advance  and  also  prohibits  political  meetings  in 
schools  or  churches.  The  Government  forbade  public  assembly  and  demonstrations 
in  the  aftermath  of  the  April  1996  military  revolt.  No  similar  order  was  issued  after 
the  May  or  November  1996  crises,  or  during  the  June  mutiny.  Gendarmes  and  mili- 
tary loyalists  dispersed  a  December  1996  demonstration  by  civilians,  rebels,  and 

goliticians  who  supported  the  rebellion  demanding  the  resignation  of  president 
atasse.  The  gendarmes  used  tear  gas  and  guns,  reportedly  killing  four  protesters 
and  injuring  several  others  (see  Section  l.a.). 

The  Constitution  provides  for  freedom  of  association  and  the  Government  gen- 
erally respects  this  right  in  practice.  Associations  are  required  to  register  with  the 
Government  to  enjoy  legal  status.  All  political  parties  must  register  with  the  Min- 
istry of  Public  Security  in  order  to  participate  legally  in  politics.  The  Government 
usually  grants  registration  expeditiously. 

There  are  more  than  25  registered  political  parties  and  a  variety  of  nonpolitical 
associations.  The  Government  allows  them  to  hold  congresses,  elect  officials,  and 
publicly  debate  policy  issues  without  interference. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  but  in- 
cludes fixed  legal  conditions  and  prohibits  what  the  Government  considers  religious 
fundamentalism  and  intolerance.  A  1994  constitutional  provision  prohibiting  reli- 
gious fundamentalism  is  widely  understood  to  be  aimed  at  Muslims.  There  is  no 
state  religion,  and  a  variety  of  religious  communities  are  active.  Religious  organiza- 
tions and  missionary  groups  are  free  to  proselytize,  worship,  and  construct  places 
of  worship.  However,  religious  groups  must  register  with  the  Government.  Any 
group  whose  behavior  the  Government  considers  subversive  remains  subject  to  sanc- 
tions, although  the  authorities  imposed  no  sanctions  during  the  year. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— People  are  free  to  move  within  the  country,  but  police  and  other  offi- 
cials harass  travelers  unwilling  or  unable  to  pay  bribes  at  checkpoints  along  major 
intercity  roads  and  at  major  intersections  in  Bangui.  Some  citizens,  when  attempt- 
ing to  leave  the  country,  were  informed  by  immigration  authorities  that  their  names 
were  on  unspecified  ofTicial  lists  that  forbade  their  departure.  For  example,  in  Feb- 
ruary former  Prime  Minister  Jean-Paul  Ngoupande  and  his  adviser  and  chief  of 
staff;  Karim  Meckassoua  were  refused  permission,  for  political  reasons,  to  board  an 
airplane  to  Paris  to  visit  their  families.  After  pressure  from  members  of  the  diplo- 
matic corps,  the  international  press,  and  the  Human  Rights  League,  the  authorities 
authorized  them  to  leave  the  country. 

During  the  military  crisis  the  city  of  Bangui  was  divided  in  two  parts.  People  in 
the  rebels'  area  in  the  southwest  were  not  free  to  leave  that  sector.  They  were  also 
harassed  for  bribes  by  the  rebels  at  checkpoints. 

The  Government  continued  to  work  with  the  office  of  the  UNHCR  in  hosting 
Chadian,  Sudanese,  Rwandan  and  Congolese  refugees.  Most  refugees  were  reg- 
istered with  the  National  Commission  for  Refugees.  Most  Chadian  refugees  returned 
to  Chad.  Many  had  been  accused  of  criminal  activity  in  the  Central  African  Republic 
and  were  targeted  by  the  rebels  during  the  military  crisis.  Applicants  for  asylum 
are  generally  well-treated  and  often  accepted.  The  issue  of  first  asylum  did  not  arise 
during  the  year. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  exercised  their  constitutional  right  to  change  their  government  by  demo- 
cratic means  in  1993  through  presidential  and  parliamentary  elections.  Inter- 
national observers  deemed  the  elections  free  and  fair.  In  1995,  for  the  first  time  in 
its  history,  the  Parliament  passed  a  vote  of  censure  against  the  Government. 

The  Constitution  provides  for  multiple  political  parties  and  increased  the  powers 
and  independence  oi  the  legislative  and  judicial  branches  at  the  expense  of  the  exec- 
utive branch.  The  Government  did  not  schedule  local  elections  for  1994  due  to  budg- 
et restrictions.  Since  then,  for  financial  reasons,  the  Government  appointed  four  suc- 
cessive mayors  of  Bangui,  which  resulted  in  criticism  from  proaemocratic  groups 


55 

that  the  Government  was  reneging  on  the  constitutional  requirement  to  have  local 
elections. 

Of  the  85  parliament  members,  three  are  women.  Three  of  the  26  cabinet  mem- 
bers are  women.  There  are  no  Muslims  in  the  Government.  About  10  Muslims  serve 
in  the  National  Assembly. 

Pygmies  (Ba'aka),  who  represent  from  1  to  2  percent  of  the  national  population, 
are  not  represented  in  the  Government  and  have  little  political  power  or  influence, 
although  they  voted  in  large  numbers  in  the  1993  election. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Central  African  Human  Rights  League  (LCDH)  is  a  nongovernmental  organi- 
zation with  multiple  goals,  including  publicizing  human  rights  violations  and  plead- 
ing individual  cases  of  human  rights  abuses  before  the  courts.  The  LCDH  distrib- 
uted its  pamphlets  describing  individuals'  rights  and  information  on  judicial  access 
to  the  prisons,  at  police  stations,  courts,  schools,  and  other  NGO's. 

In  the  April-May  1996  mutinies  the  LCDH  played  an  important  role  as  a  mediator 
to  help  safeguard  democratic  institutions.  In  a  letter  to  the  President  and  govern- 
ment authorities,  the  LCDH  criticized  the  Government's  harassment  of  the  press, 
excessive  pretrial  detentions  in  violation  of  the  law,  summary  executions  oi  sus- 
pected bandits,  and  other  deaths  of  suspects  while  in  police  custody  in  Bangui.  Sev- 
eral other  NGO's,  including  the  Movement  for  the  Defense  of  Human  Rights  and 
Humanitarian  Action  and  some  religious  groups,  actively  monitor  human  rights 
problems.  Their  activities  include  prison  visits  and  assistance  to  civilians  during  the 
armed  conflicts.  The  Central  African  Red  Cross  played  a  notable  role  during  the  mu- 
tinies. Despite  difficulties  caused  by  the  rebels,  the  volunteers  of  Red  Cross  worked 
under  fire  to  assist  wounded  persons,  deliver  babies,  and  provide  humanitarian  aid 
to  thousands.  They  also  assisted  in  counting  and  burying  bodies  in  rebels  areas.  The 
Government  did  not  attempt  to  hinder  any  such  activities. 

There  were  no  known  requests  from  international  human  rights  oi^anizations  for 
visits. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 
The  Constitution  stipulates  that  all  persons  are  equal  before  the  law  without  re- 

?[ard  to  wealth,  race,  sex,  or  religion,  but  the  Government  does  not  effectively  en- 
orce  these  provisions,  and  significant  discrimination  exists. 

Women. — Violence  against  women,  including  wife  beating,  occurs  but  inadequate 
data  makes  it  impossible  to  quantify  its  extent.  Victims  seldom  report  incidents.  The 
courts  try  very  few  cases  of  spousal  abuse,  although  litigants  cite  these  abuses  dur- 
ing divorce  trials  and  civil  suits.  Some  women  reportedly  tolerate  abuse  in  order  to 
retain  a  measure  of  financial  security  for  themselves  and  their  children.  The  Gov- 
ernment did  not  address  this  problem  during  the  year. 

Despite  the  Constitution's  provisions,  in  practice  women  are  treated  as  inferior  to 
men  economically,  socially,  and  politically.  Women  in  rural  areas,  moreover,  suffer 
more  discrimination  than  women  in  urban  areas.  Sixty  to  70  percent  of  urban  fe- 
males go  to  primary  school,  while  only  10  to  20  percent  of  their  rural  counterparts 
do.  Overall,  at  the  primary  level,  females  and  males  enjoy  equal  access  to  education, 
but  the  majority  of  young  women  drop  out  at  age  14  or  15  due  to  social  pressure 
to  marry  and  bear  children.  Only  20  percent  of  the  students  at  the  University  of 
Bangui  are  women.  There  are  no  accurate  statistics  on  the  percentage  of  female 
wage  earners. 

Polygyny  is  legal,  although  this  practice  faces  growing  resistance  among  educated 
women.  Tlie  law  authorizes  a  man  to  take  up  to  four  wives,  but  a  prospective  hus- 
band must  indicate  at  the  time  of  the  marriage  contract  whether  he  intends  to  take 
additional  wives.  In  practice  many  couples  never  formally  marry  because  men  can- 
not afford  the  traditional  bride  payment.  Women  who  are  educated  and  financially 
independent  tend  to  seek  monogamous  marriages.  Divorce  is  legal  and  may  be  initi- 
ated by  either  partner.  The  law  does  not  discriminate  against  women  in  inheritance 
and  property  rights,  but  a  welter  of  conflicting  customary  laws  often  prevails.  The 
1995  draft  family  code,  designed  to  strengthen  women's  rights,  still  awaits  National 
Assembly  approval. 

The  Association  of  Central  African  Female  Jurists'  Clinic  advises  women  of  their 
legal  rights.  The  organization  also  publishes  pamphlets  in  conjunction  with  the  Min- 
istry of  Social  Affairs  on  the  dangers  of  female  genital  mutilation  (FGM)  and  on  food 
taboos. 

Children. — Although  there  is  no  official  discrimination  against  children,  the  Gov- 
ernment spends  little  money  on  programs  for  children.  There  are  few  church  and 


56 

other  NGO  projects  for  youth.  Most  children  are  behind  in  their  studies  because  of 
teachers'  strikes  in  the  early  1990's  and  the  army  mutinies.  Education  is  compulsory 
beyond  the  age  of  5,  but  parents  are  not  prosecuted  for  truancy.  Many  Bangui  street 
children  survive  by  begging  and  stealing.  Some  are  street  vendors,  part  of  the  infor- 
mal economy.  Several  charitable  organizations  strive  to  assist  them. 

Courts  interpret  the  Penal  Code  as  forbidding  parental  blows  or  injuries  to  chil- 
dren under  age  15.  The  proposed  family  code  is  designed  to  strengthen  children's 
rights.  For  example,  illegitimate  children  would  have  tne  same  rights  as  those  bom 
in  wedlock. 

A  1996  ordinance  banned  female  genital  mutilation  (FGM),  which  is  widely  con- 
demned by  international  health  experts  as  damaging  to  both  physical  and  psycho- 
logical health.  Nevertheless,  this  traditional  practice  is  found  in  certain  rural  areas, 
and  to  a  lesser  degree  in  Bangui,  and  is  performed  at  an  early  age.  Approximately 
45  to  50  percent  of  females  have  undergone  FGM.  A  campaign  of  awareness  orga- 
nized by  the  Ministry  of  Social  Welfare  and  women's  NGO's  reduced  the  incidence 
of  FGM^ in  some  rural  areas. 

People  With  Disabilities. — There  is  no  codified  or  cultural  discrimination  against 
the  disabled.  There  are  several  government-initiated  programs  designed  to  assist 
the  disabled,  including  handicrait  training  for  the  blind  and  the  distribution  of 
wheelchairs  and  carts  oy  the  Ministry  of  Social  Services.  There  is  no  legislated  or 
mandated  accessibility  for  the  disabled. 

Indigenous  People. — Despite  constitutional  provisions,  in  practice  some  minorities 
are  treated  unequally.  In  general,  the  country's  indigenous  Pygniies  have  little  abil- 
ity to  participate  in  decisions  affecting  their  lands,  culture,  traditions,  and  the  allo- 
cation of  natural  resources.  In  particular,  indigenous  forest-dwelling  Pygmies  are 
subject  to  social  and  economic  discrimination  and  exploitation,  which  the  Govern- 
ment has  done  little  to  correct.  Pygmies  often  work  for  villagers  at  wages  lower  than 
those  paid  to  members  of  other  groups. 

Religious  Minorities. — Muslims,  particularly  Mbororo  (Peulh)  herders,  claim  to 
have  been  singled  out  for  harassment  by  authorities,  including  shaikedowns  by  po- 
lice, due  to  popular  resentment  of  their  presumed  affluence.  Muslims  play  a  prepon- 
derant role  in  the  economy. 

National  / Racial  / Ethnic  Minorities. — There  are  about  90  ethnic  groups,  and  in  the 
past  there  was  little  ethnic  balance  at  the  higher  level  of  government.  Under  the 
Kolingba  regime,  members  of  the  minority  Yakoma  ethnic  group  held  a  dispropor- 
tionate number  of  senior  positions  in  Government,  the  armed  forces,  and  state- 
owned  firms.  The  Patasse  Government  has  brought  about  a  more  representative 
ethnic  balance  in  the  Government.  Even  so,  observers  note  that  members  of  north- 
em  ethnic  groups  close  to  the  FVesident  are  a  majority  in  Patasse's  cabinet  and  also 
receive  favorable  treatment  in  government  appointments.  In  the  1996  mutinies,  se- 
curity forces  killed  civilians  based  on  their  ethnicity  (see  Section  l.g.). 

Under  the  various  accords  following  the  1996  mutinies,  reintegration  of  the  rebel 
forces  into  the  armed  forces  has  included  access  to  promotions  for  Yakoma  soldiers 
that  previously  had  been  blocked  since  Patasse  took  office. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Under  the  Labor  Code,  all  workers  are  free  to  form 
or  join  unions  of  their  choosing  without  prior  authorization.  A  relatively  small  part 
of  the  population  has  exercised  the  right  of  association,  chiefly  wage  earners  such 
as  civil  servants. 

The  Labor  Code  does  not  refer  to  trade  unions  by  name,  a  change  from  the  pre- 
vious code.  The  International  Labor  Organization  (ILO)  had  requested  this  change 
to  reflect  the  proliferation  of  new  unions.  There  are  now  five  recognized  labor  fed- 
erations, including  the  Organization  of  Free  Public  Sector  Unions  and  the  Labor 
Union  of  Central  African  Workers  (USTC).  The  USTC  and  its  member  unions  con- 
tinue to  assert  and  maintain  their  official  independence  from  the  Government. 

Unions  have  the  right  to  strike  in  both  the  public  and  private  sectors.  To  be  legal, 
strikes  must  be  preceded  by  the  union's  presentation  of  demands,  the  employer's  re- 
sponse to  these  demands,  a  conciliation  meeting  between  labor  and  management, 
and  a  finding  by  an  arbitration  council  that  union  and  employer  failed  to  reach 
agreement  on  valid  demands.  The  union  must  also  provide  8  aays'  advance  notifica- 
tion in  writing  of  planned  strikes.  The  Labor  Code  states  that  if  employers  initiate 
a  lockout  that  is  not  in  accordance  with  the  Code,  the  employer  is  required  to  pay 
workers  for  all  days  of  the  lockout.  Other  than  this,  the  Code  does  not  provide  for 
sanctions  on  employers  for  acting  against  strikers.  It  is  not  known  to  wnat  extent 
this  policy  is  actually  followed. 

Laoor  federations  are  free  to  affiliate  internationally.  The  USTC  is  afliliated  with 
the  International  Confederation  of  Free  Trade  Unions. 


57 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Code  accords  trade 
unions  full  legal  status,  including  the  right  to  sue  in  court.  It  requires  that  union 
ofllcials  be  employed  full-time  in  the  occupation  as  a  wage  earner,  but  they  nonethe- 
less conduct  union  business  during  working  hours.  The  Code  does  not  specifically 
provide  that  unions  may  bargain  collectively.  While  collective  bargaining  nas  none- 
theless taken  place  in  some  instances,  the  Government  is  usually  involved  in  the 
process. 

Wage  scales  are  set  by  the  Ministry  of  Labor  and  Civil  Service  and  were  still  in 
the  process  of  revision  at  year's  end.  The  nonpayment  of  salaries  arrears  and  higher 
consumer  costs  attributed  to  the  1994  devaluation  continued  to  be  major  complaints 
of  the  unions.  The  Government's  efforts  to  reform  the  civil  service  were  stalled  dur- 
ingthe  civil  strife.  At  year's  end,  the  Government  had  resumed  these  reforms. 

The  law  expressly  forbids  discrimination  against  employees  on  the  basis  of  union 
membership  or  umon  activity.  The  Labor  Code  does  not  state  whether  employers 
found  guilty  of  antiunion  discrimination  are  required  to  reinstate  workers  fired  for 
union  activities. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  labor  is  specifically  prohib- 
ited by  the  Labor  Code,  and  there  were  no  reports  of  forced  or  bonded  labor,  except 
for  pnsoners  who  were  forced  to  work  without  compensation  for  government  ofTicials 
or  magistrates  (see  Section  I.e.).  The  law  applies  to  children.  However,  the  Govern- 
ment does  not  have  sufficient  resources  to  enforce  the  prohibition  effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Employ- 
ment of  children  under  14  years  of  age  is  forbidden  by  law,  but  the  provision  is  only 
loosely  enforced  by  the  Ministry  of  Labor  and  Civil  Service.  In  practice  child  labor 
is  common  in  many  sectors  of  the  economy,  especially  in  rural  areas. 

The  Government  prohibits  forced  and  bonded  labor  by  children  and  attempts  to 
enforce  the  prohibitions,  although  resources  to  do  so  are  inadequate  (see  section 
6.C.). 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  states  that  the  Minister  of 
Labor  must  set  minimum  wages  by  decree.  Agricultural  workers  are  guaranteed  a 
minimum  of  $15  (cfa  7,800)  per  month,  while  office  workers  are  guaranteed  $36  (cfa 
18,000).  Minimum  wages  difTer  among  the  various  sectors.  The  minimum  wages 
assures  a  family  the  basic  necessities  but  is  barely  adequate  to  maintain  a  decent 
standard  of  living.  Most  labor  is  performed  outside  the  wage  and  social  security  sys- 
tem, especially  by  farmers  in  the  large  subsistence  agricultural  sector. 

The  law  sets  a  standard  workweek  of  40  hours  for  government  employees  and 
most  private  sector  employees.  Household  employees  may  work  up  to  55  hours  per 
week.  The  law  also  requires  that  there  be  a  minimum  rest  period  of  48  hours. 

There  are  also  general  laws  on  health  and  safety  standards  in  the  workplace,  but 
the  Ministry  of  Labor  and  Civil  Service  neither  precisely  defines  nor  actively  en- 
forces them,  a  matter  about  which  the  ILO  has  expressed  concern  to  the  (jovern- 
ment  for  many  years.  The  Labor  Code  states  that  a  labor  inspector  may  force  an 
employer  to  correct  unsafe  or  unhealthy  work  conditions,  but  it  does  not  provide  the 
right  for  workers  to  remove  themselves  from  such  conditions. 


CHAD 


Chad  continued  its  transition  from  an  authoritarian  system  to  a  constitutional  de- 
mocracy. EfTective  power  is  held  by  President  Idriss  Deby  and  his  party,  the  Patri- 
otic Salvation  Movement  (MPS).  President  Deby  took  power  in  a  December  1990 
coup  and  was  confirmed  as  Chief  of  State  by  the  Sovereign  National  Conference 
(CNS)  of  1993.  He  was  elected  President  in  mid- 1996  under  a  Constitution  adopted 
in  a  referendum  earlier  that  year.  Elections  for  a  National  Legislative  Assembly 
were  held  in  early  1997  and  resulted  in  the  replacement  of  the  provisional  par- 
liament known  as  the  Higher  Transitional  Council  (CST).  General  Wadal 
AbdeUcader  Kamougue,  the  runner-up  to  Idriss  Deby  in  the  1996  presidential  elec- 
tions, was  elected  President  of  the  new  Assembly.  TTie  (jovernment  is  headed  by  a 
Prime  Minister  nominated  by  the  President  and  confirmed  by  the  National  Assem- 
bly. Prime  Minister  Nassour  Guelengdouksia  Ouaidou  has  held  office  since  May.  In- 
surgent groups  opposed  to  the  (jOvernment  did  not  mount  any  serious  campaigns, 
ana  a  number  oi  rebels  changed  their  support  to  the  Government.  An  important 
peace  accord  was  signed  in  Moundou  on  April  18  between  the  Government  and  the 
rebel  px)up  known  as  the  Armed  Forces  for  the  Federal  Republic  (FARE),  led  by 
Laokem  Barde  Frisson.  However,  fighting  broke  out  between  the  (jovemment  and 
FARF  in  Moundou  in  October,  resulting  in  the  breakdown  of  the  accord  and  arrest- 


58 

ing  the  downward  trend  of  Government-rebel  confrontation.  The  judicial  system  con- 
tinued to  be  ineffective,  overburdened  and  subject  to  outside,  including  official,  in- 
terference, notably  in  the  handling  by  the  Court  of  Appeals  of  the  results  of  the  leg- 
islative elections. 

The  army,  gendarmerie,  police.  National  and  Nomadic  Guard  (GNNT),  and  intel- 
ligence services  are  responsible  for  internal  security.  Officers  from  the  ethnic  group 
of  President  Deby  dominate  the  Rapid  Intervention  Force  (FIR),  and  the  National 
Security  Agency  (ANS),  a  counterintelligence  organization  that  has  acted  as  an  in- 
ternal political  police  force.  The  security  forces  continued  to  commit  serious  human 
rirfits  abuses,  with  the  army  remaining  an  essentially  undisciplined  force. 

The  economy  is  mainly  based  on  subsistence  agriculture,  herding,  and  fishing.  Per 
capita  income  is  estimated  at  $190  per  year.  The  country  has  little  industry;  its 
chief  export  is  cotton.  The  Government  relies  heavily  on  external  financial  and  tech- 
nical assistance,  but  has  substantial  undeveloped  oil  reserves. 

The  human  rights  situation  improved  in  several  respects;  however,  serious  prob- 
lems remain.  According  to  local  human  rights  groups,  the  security  forces  committed 
scores  of  extrajudicial  killings.  There  were  reports  of  disappearances.  Members  of 
the  security  forces  also  beat  and  reportedly  raped  citizens.  Prison  conditions  are 
harsh  and  life  threatening.  Security  forces  continued  to  use  arbitrary  arrest,  deten- 
tion illegal  searches  and  wiretaps.  The  Government  did  not  prosecute  security  per- 
sonnel accused  in  previous  years  of  killings,  rape,  torture,  and  arbitrary  arrest  and 
detention.  The  judiciary  remained  subject  to  government  interference.  It  was  unable 
to  provide  citizens  with  prompt  trials,  and  lengthy  pretrial  detention  remained  a 
proolem.  Citizens'  right  to  change  their  government  remained  in  doubt.  The  second 
round  of  the  legislative  elections  was  marred  by  widespread  reports  of  fraud,  vote- 
rigging,  and  irregularities  committed  by  local  officials,  although  no  major  incidents 
of  violence  were  reported.  The  Court  oi  Appeals  succumbed  to  government  pressure 
to  ensure  that  a  majority  of  parliamentary  seats  was  held  by  the  ruling  party.  There 
was  infringement  on  worker  rights,  including  reported  instances  of  forced  labor  in 
agricultural  communities  and  the  military  forces.  Discrimination  against  women  is 
common;  violence  against  women  is  also  believed  to  be  common.  Female  genital  mu- 
tilation is  widespread. 

FARF  rebels  reportedly  committed  serious  abuses,  including  killings  of  civilians 
in  the  area  of  Moundou  in  November  and  December. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — The  security  forces  committed  scores 
of  extrajudicial  killings,  according  to  local  human  rights  groups.  Reports  of  ofiicially 
sanctioned  extrajudicial  killings  of  accused  criminals  by  police  and  gendarmes  began 
to  appear  in  November  1996,  in  the  aftermath  of  a  severe  crime  wave.  The  press 
proviaed  further  evidence  by  publishing  an  official  telegram  signed  by  the  com- 
mander of  a  special  unit  of  the  Gendarmerie  Nationale.  This  telegram  contained  an 
order  that  instructed  security  forces  to  kill  any  person  caught  in  the  act  of  theft, 
under  penalty  of  severe  sanction  if  they  did  not  comply.  The  implementation  of  the 
so-called  "New  Law"  enjoyed  a  large  measure  of  popular  support.  The  authorities 
cited  public  support  and  the  breakdown  of  the  judicial  and  prison  systems  as  jus- 
tification for  the  use  of  lethal  force  until  the  policy  was  finally  disavowed  by  the 
Government  largely  due  to  international  pressure  on  March  14. 

A  Cabinet  minister  in  January  indicated  in  a  newspaper  interview  that  the  policy 
of  lethal  force  has  worked  but  that  there  were  no  statistics.  However,  the  minister 
did  not  directly  dispute  local  human  rights  groups'  charges  that  scores  of  citizens 
were  killed  or  that  security  forces  killed  nine  persons  in  a  public  square  in  Fianga 
on  Christmas  Eve  1996. 

In  February  the  independent  newspaper  N'Djamena  Hebdo  reported  the  experi- 
ences of  Adoum  Godi,  who  said  that  he  and  two  companions  had  been  arrested  in 
late  January  on  charges  of  stealing  a  carpet.  Godi  said  that  after  a  few  days  in  de- 
tention the  three  were  taken  out  oy  gendarmes  at  night,  bound,  and  thrown  into 
the  Chari  river.  Godi  said  that  he  was  able  to  escape,  while  the  others  drowned. 
Security  forces  maintained  that  the  story  was  a  fabrication  and  that  Godi  was  "a 
thief  who  was  let  go."  However,  independent  eyewitnesses  reported  seeing  Godi 
being  pulled  out  of  the  river  by  fishermen. 

Other  instances  of  extrajudicial  killings  by  security  forces  reportedly  occurred 
even  after  the  issuance  of  the  March  14  order.  On  June  1  and  June  12,  Gendarme 
Commander  Ouardougou  reportedly  killed  five  persons  in  the  town  of  Dourbali  who 
were  accused  of  theft.  The  victims  were:  Hissem  Fadil  Hamid;  Omar  Ahmat;  Yaya 
Moursal;  Cheick  Abakar  Ahmat;  and  Mahamat  Abakar.  Persistent  reports  from 


59 

Koumra,  Bongor,  and  N'Djamena  indicated  that  extrajudicial  killings  continued  to 
occur  until  August,  although  it  is  unclear  whether  the  killings  were  ordered  bv  the 
Government  or  whether  local  authorities  acted  independently.  Many  of  the  killings 
apparently  were  clandestine,  at  night,  or  in  remote  locations. 

Police,  gendarmes,  and  soldiers  used  excessive  force  in  attempting  to  quell  a  pro- 
test in  Gounou-Gaya  in  January.  After  knife  wounds  inflicted  by  a  retired  gendarme 
caused  the  death  of  a  village  chief,  peasants  from  the  hamlet  demonstrated  noisily 
outside  the  hospital  where  he  had  been  taken.  Police  used  tear  gas  and  warning 
shots  to  disperse  the  protesters.  However,  a  crowd  of  about  500  villagers  later  car- 
ried the  chiefs  corpse  to  the  office  of  the  provincial  administrator.  Security  forces 
then  fired  a  rocket-propelled  grenade  toward  the  crowd.  The  grenade  exploded,  kill- 
ing one  person  and  wounding  eight  others.  The  authorities  took  no  action  to  punish 
those  responsible. 

In  October  in  Moundou  government  forces  committed  extrajudicial  killings  that 
included  summary  executions  in  their  confrontations  with  FARF  elements.  An  esti- 
mated 100  persons  were  killed,  including  those  killed  by  rebels;  a  large  number  of 
those  killed  were  noncombatants. 

Fitting  broke  out  between  government  and  FARF  troops  during  a  period  of  con- 
siderable tension  over  accusations  of  noncompliance  by  both  sides  with  the  April 
Reace  accords  intended  to  end  the  FARF  insurgency  in  the  south  of  the  country, 
lost  observers  believe  that  government  troops  sought  the  confrontation.  Although 
open  fighting  between  the  two  forces  ceased  within  hours,  government  troops  con- 
ducted brutal  house-to-house  searches  for  FARF  personnel,  in  the  process  commit- 
ting executions  and  torture  of  civilians.  Following  a  lengthy  questioning  of  the  Gov- 
ernment by  Members  of  Parliament  during  an  extraordinary  session  of  Parliament 
on  live  television  on  November  4,  a  joint  Parliamentary-Government  team  traveled 
to  the  region  to  restore  calm  and  gather  information  on  the  incident.  The  Govern- 
ment also  announced  several  initiatives  to  renew  reconciliation  with  the  FARF,  in- 
cluding integrating  FARF  forces  into  the  army  without  retribution.  The  joint  team 
produced  a  report  that  acknowledged  a  much  higher  death  toll  than  the  Government 
had  originally  announced,  blamed  the  FARF  for  the  tensions  leading  to  the  incident, 
and  assigned  no  blame  for  the  civilian  deaths.  Local  human  rights  groups  also  sent 
a  team  to  the  area,  and  published  a  report  detailing  numerous  serious  human  rights 
violations  by  government  troops.  The  human  rights  groups  reported  a  lack  of  co- 
operation by  authorities  during  their  investigation. 

In  December  human  rights  organizations  reported  that  the  military  forces  contin- 
ued to  commit  human  rignts  abuses,  including  the  killing  of  villagers  in  the  prefec- 
tures of  Eastern  and  Western  Logone  during  November  and  December.  Some  of 
these  killings  appearred  to  have  been  executions  of  targeted  persons,  while  other 
deaths  and  woundings  appeared  to  be  random. 

The  Chadian  contingent  of  the  Inter-African  Peacekeeping  force  (MISAB)  in  the 
Central  African  Republic  reportedly  committed  serious  rights  abuses  during  its  op- 
erations, including  the  killing  of  many  civilians  and  looting  of  residences.  The  Gk)v- 
emment  did  not  punish  the  Chadian  contingent  of  MISAB  for  its  abuses  and  undis- 
ciplined behavior. 

In  response  to  the  October  incident  in  Moundou,  FARF  rebels  reportedly  retali- 
ated against  the  army  in  November,  and  followed  this  action  with  a  number  of  al- 
leged attacks  on  civilian  targets  in  the  region  around  Moundou  in  November  and 
December,  reportedly  killing  and  abusing  civilians. 

b.  Disappearance. — There  were  credible  reports  of  disappearances.  Although  it 
was  difficult  to  establish  the  facts  and  to  assign  responsibility,  there  were  reports 
of  security  force  involvement.  For  example,  Djimadoumgue  Guemingar,  allegedly  a 
former  agent  and  an  informant  for  the  ANS,  was  arrested  on  May  22  by  a  "Brigade 
Mixte"  (a  unit  composed  of  elements  from  different  branches  of  the  armed  services) 
on  a  charge  of  possessing  a  stolen  motorbike.  Since  Guemingar's  arrest,  his  location 
remains  unknown;  however,  the  motorbike  is  reportedly  being  used  at  the  Chadian 
National  Nomadic  Guard  (GNNT)  base  at  Ngueli,  near  N'Djamena. 

Amnesty  International  and  other  human  rights  organizations  have  made  inquiries 
to  the  Government  concerning  persons  missing  prior  to  1997,  often  to  no  avail.  For 
example,  Valentin  Nedoumdingam  was  reportedly  arrested  in  1995  in  the  south, 
then  transferred  to  the  prison  in  Faya  Largeau,  but  he  has  since  disappeared. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment,  or  Punishment. — 
The  Constitution  specifically  prohibits  torture  and  degrading  or  humiliating  treat- 
ment. However,  members  oi  the  security  forces  beat  and  raped  citizens.  No  one  was 
prosecuted  for  these  abuses.  The  April  22  edition  of  the  independent  newspaper 
Contact  reported  a  series  of  abusive  incidents,  including  beatings  and  rapes,  per- 
petrated against  the  citizens  of  Koundoul  by  soldiers  from  the  nearby  army  camp. 
The  soldiers  reportedly  behaved  violently  because  they  often  were  not  paid.  Since 


60 

then  the  Government  has  restricted  soldiers  to  their  bases,  and  the  incidents  ceased. 
After  a  clash  with  FARF  forces  in  Moundou  on  October  30,  soldiers  and  gendarmes 
reportedly  tortured  dozens  of  civilians  (see  Section  l.a.). 

The  GNNT,  which  by  presidential  decree  is  responsible  for  combating  smuggling, 
frequently  used  excessive  force  in  its  operations.  The  July  3  issue  of  N'Diamena 
Hebdo  reported  in  detail  the  action  of  GNNT  forces  in  killing  Ali  Farris  Abdallah 
for  smuggling  a  small  quantity  of  gasoline.  Additional  credible  sources  reported  bru- 
tal beatings  of  citizens  by  this  unit. 

The  GNNT  supplemented  the  duties  of  the  Customs  Brigade  early  in  the  year,  in 
part  because  of  the  Brigade's  reputation  for  reckless  driving.  In  one  egregious  in- 
stance, World  Bank  resident  Representative  David  Jones  was  struck  and  killed  on 
Easter  Sunday  while  customs  officials  chased  an  alleged  smuggler. 

FARF  rebels  reportedly  abused  civilians  after  the  Moundou  incident  (see  Section 
l.a.). 

Prison  conditions  are  harsh  and  life  threatening.  Prisons  are  characterized  by  se- 
rious overcrowding;  poor  sanitation;  inadequate  food,  shelter  and  medical  facilities; 
and  mixing  of  adult  male,  female,  and  minor  prisoners.  The  Government  took  no 
effective  action  to  improve  these  conditions,  and  some  inmates  may  have  died  due 
to  the  poor  conditions.  Prisoners  are  almost  totally  dependent  on  tneir  families  for 
food  and  clothing.  All  prisons  are  in  need  of  major  repairs,  and  escapes  are  frequent. 

The  (jovernment  permits  some  prison  visits  by  human  rights  groups  such  as  the 
International  Committee  of  the  Red  Cross  (ICRC).  The  ICR(J  reported  that  it 
planned  to  reduce  its  monitoring  visits,  citing  improvements  in  the  areas  of  abuse 
and  mistreatment  of  prisoners. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  and  the  Penal  Code 
prohibit  arbitrary  arrest.  Arrest  warrants  must  usually  be  signed  by  a  judicial  offi- 
cial. However,  the  Government  often  does  not  respect  these  requirements. 

After  a  clash  with  FARF  forces  on  October  30,  army  units  arrested  dozens  of  civil- 
ians. None  were  brought  to  trial;  their  status  is  unknown. 
The  Government  did  not  use  exile  as  a  political  weapon. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  mandates  an  independent  judici- 
ary. However,  the  judiciary  did  not  operate  effectively,  being  underfunded,  overbur- 
dened, and  subject  to  official  interference.  In  practice,  officials  and  influential  indi- 
viduals often  enjoy  immunity  from  judicial  sanction. 

The  national  judicial  system  operates  with  courts  located  in  provincial  capitals. 
The  N'Djamena  Court  of  Appeals,  the  country's  highest  court,  is  supposed  to  conduct 
regular  sessions  in  the  provinces,  but  rarely  does  so.  Applicable  law  can  be  confus- 
ing, as  courts  often  tend  to  blend  the  formal  French-derived  legal  code  with  tradi- 
tional practices. 

Official  inaction  and  interference  continue  to  plague  the  judiciary.  Persons  ac- 
cused of  crimes  may  endure  up  to  several  years  of  incarceration  before  being 
charged  or  tried,  especially  those  arrested  for  felonies  in  the  provinces  who  must 
await  remand  to  the  overcrowded  and  dangerous  house  of  detention  in  N'Djamena. 
Salaries  for  justice  officials  are  often  low  and  in  arrears.  Although  the  (government 
has  stated  that  the  strengthening  and  reform  of  the  judiciary  are  top  priorities, 
progress  has  been  slow. 

The  Military  Code  of  Justice  has  not  been  enforced  since  the  1979-1980  Civil 
War,  and  courts-martial  instituted  early  in  the  Deby  Regime  to  try  security  person- 
nel for  crimes  against  civilians  no  longer  operate. 

People  in  rural  areas  usually  do  not  have  access  to  formal  judicial  institutions. 
In  most  civil  cases,  they  rely  on  traditional  courts  presided  over  by  village  chiefs, 
chefs  de  canton,  or  sultans.  Decisions  may  be  appealed  to  a  formal  court. 

There  are  no  reliable  figures  concerning  the  number  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  right  to  privacy  of  home,  correspondence,  and  other 
communications,  as  well  as  freedom  from  arbitrary  search.  The  Penal  Code  requires 
that  authorities  conduct  searches  of  homes  only  during  daylight  hours  and  with  a 
legal  warrant.  In  practice,  security  forces  ignored  these  provisions  and  conducted 
extrajudicial  searches  at  any  time. 

The  Government  engages  in  wiretapping  without  judicial  authority. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press.  The  Government  generally  respected  these  rights.  The  oflicial 
media,  consisting  of  a  national  radio  networlc,  a  press  agency,  and  an  N'Djamena 
television  station,  are  subject  to  both  official  and  informal  censorship.  At  times  they 
are  critical  of  the  CJovemment.  The  official  media  also  give  priority  to  ^vemment 
oflicials  and  events  while  providing  lesser  attention  to  the  opposition.  The  Higher 


61 

Council  on  Communications  (HCC),  an  independent  institution,  acts  as  an  arbiter 
whose  main  function  is  to  promote  free  access  to  the  media.  It  has  no  power  of  en- 
forcement, but  successfully  promulgated  rules  for  equal  access  for  official  political 
statements  broadcast  during  the  constitutional  referendum  and  the  presidential  and 
lerislative  elections,  resulting  in  greater  access  for  opposition  parties. 

There  are  a  number  of  limiteo-circulation,  independent  newspapers  published  in 
the  capital,  some  of  which  are  vociferously  critical  of  government  policies  and  lead- 
ers. The  Government  did  not  censor  these  newspapers,  but  issued  warnings  to  the 
independent  press  on  occasion.  On  August  15,  President  Deby  said  that  he  "will  no 
longer  tolerate  personal  attacks  and  unfounded  accusations,"  a  reference  to  an  arti- 
cle critical  of  his  own  clan  in  the  independent  weekly  Le  Temps.  The  Government 
did  not  interfere  with  the  distribution  of  opposition  tracts  and  press  releases,  but 
state  radio  officials  sometimes  refused  to  broadcast  opposition  statements,  even 
when  radio  broadcast  rights  had  been  purchased  in  advance.  On  November  13,  po- 
lice arrested  BaUa  Bombebe,  the  editor  of  the  independent  weekly  Contact  for  alleg- 
edly attempting  to  publish  ^^Ise  information.  He  was  not  formally  charged  and  was 
released  the  foflowin^  day. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  and  the  Government  generally  respected  these  rignts  in  prac- 
tice. Authorities  routinely  granted  permits  for  political  and  nongovernmental  organi- 
zation (NGO)  meetings,  and  did  not  interfere  with  meetings  or  press  conferences. 
However,  in  at  least  one  instance  in  the  town  of  Abeche  in  July,  the  authorities  de- 
nied permission  to  the  Chadian  League  of  Human  Rights  (LTDH)  to  hold  con- 
ferences or  debates,  citing  the  "discretionary  power  of  the  Administration." 

The  Constitution  provides  for  freedom  of  association,  and  the  Government  gen- 
erally respected  this  right  in  practice.  There  are  more  than  60  registered  political 
parties  and  several  hundred  NGO's. 

c.  Freedom  of  Religion. — The  Constitution  states  that  the  State  is  secular.  It  also 
provides  for  freedom  of  religion.  All  faiths  worship  without  government  constraint. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights.  The  Government  does  not 
require  special  permission  for  travel  in  most  areas.  However,  armed  bandits  operate 
on  many  roads,  exposing  travelers  to  assault,  robbery,  and  murder;  many  bandits 
have  been  identified  as  active  duty  soldiers  and  deserters.  Despite  Government  ef- 
forts to  clear  the  country's  main  routes  of  illegal  roadblocks,  elements  of  the  security 
forces,  guerrillas,  and  bandits  continue  to  maintain  them,  extorting  money  from 
travelers. 

The  Government  cooperates  with  the  U.N.  High  Commissioner  for  Refugees 
(UNHCR)  and  other  humanitarian  organizations  assisting  refugees.  There  were  no 
reports  of  forced  expulsion  of  those  having  a  valid  claim  to  refugee  status.  The  coun- 
try provides  first  asylum  for  refugees  and  has  done  so  in  past  years.  The  Govern- 
ment has  informally  granted  refugee  and  asylee  status  to  persons  and  has  allowed 
them  to  remain  for  resettlement. 

The  Government  adheres  to  the  1951  U.N.  Convention  on  Refugees  and  the  1967 
Protocol  relating  to  their  status.  Although  these  accords  were  never  ratified  by  the 
Government  and  therefore  do  not  carry  force  in  local  law,  the  Government  neverthe- 
less adheres  to  the  principles  and  purposes  of  these  instruments.  An  official  national 
structure,  the  National  Committee  for  Welcoming  and  Reintegration,  has  been  cre- 
ated to  deal  with  refugee  affairs.  Since  August  1993,  however,  the  Government  has 
registered  refugees  in  N'Djamena  and  sent  their  applications  for  refugee  status  to 
the  UNHCR  Central  African  Headquarters  in  Kinshasa,  Democratic  Republic  of 
Congo.  If  the  application  is  accepted,  then  in  principle  the  refugee  will  be  enrolled 
in  a  6-month  care  maintenance  program  that  includes  a  monthly  subsistence  allow- 
ance, medical  care,  and  assistance  in  finding  work.  This  program  is  funded  by  a 
local  NGO. 

Chadian  refugees  are  free  to  repatriate,  although  several  thousand  remain  in  the 
Central  African  Republic,  Niger,  Libya,  Sudan,  Nigeria  and  Cameroon.  A  group  of 
foreign  individuals,  mostly  Sudanese  claiming  to  be  refugees,  have  charged  Govern- 
ment complicity  with  the  government  in  Sudan.  They  assert  that  the  UNHCR 
branch  office  in  N'Djamena  is  unable  to  protect  them  from  deportation. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  right  of  citizens  to  change  their  government  peacefully  is  in  doubt,  given  the 
apparent  unwillingness  ofthe  Government  to  accept  minority  status  in  Parliament, 
as  evidenced  in  the  1997  legislative  elections,  and  the  Court  of  Appeals'  inability 
to  resist  Government  pressure  in  reviewing  election  results. 


62 

The  elections  were  the  first  national  vote  for  a  parliament  in  many  years  and  the 
first  under  President  Deby.  The  vote  was  orderly  and  took  place  without  major  inci- 
dent. However,  the  process  was  compromised  by  persistent  reports  of  fraud,  includ- 
ing vote-rigging  and  other  irregularities  committed  by  election  officers,  government 
omcials,  meml^rs  of  the  ruling  party,  and  other  parties,  particularly  in  the  second 
round.  In  the  final  results  as  announced  by  the  Court  of  Appeals,  the  ruling  MPS 
party  won  65  of  the  125  seats  in  the  National  Assembly. 

The  Constitution  accords  immunity  to  both  the  President  and  members  of  the  Na- 
tional Assembly,  and  includes  no  provision  for  recall.  The  national  government  ap- 
points local  officials  and  is  expected  to  continue  to  do  so  until  local  elections,  sched- 
uled for  1998. 

Few  women  hold  senior  leadership  positions.  There  is  one  woman  of  cabinet  rank 
and  three  female  deputies  in  the  National  Assembly. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Human  rights  organizations  operate  with  few  overt  restrictions,  investigating  and 
publishing  their  findings  on  human  rights  cases.  Government  officials  are  often  ac- 
cessible but  generally  unresponsive  or  hostile  to  their  findings.  The  human  rights 
NGO  Tchad  Non-Violence  has  been  the  target  of  a  formal  complaint  resulting  in  a 
court  action  for  slander  by  the  ANS,  arising  from  an  incident  in  which  the  NGO 
alleged  that  one  of  its  members  had  been  assaulted  in  May  by  an  ANS  agent.  The 
charge  is  still  pending. 

NGO's  have  gained  recognition  under  the  Deby  regime  and  participate  in  key  gov- 
ernmental institutions.  Human  rights  groups  have  assisted  the  Government  in  me- 
diating longstanding  conflicts  between  herders  and  farmers  over  land  and  water 
rights.  Human  rights  groups  also  acted  as  interlocutors  in  the  April  Peace  Accords 
between  the  Government  and  FARF.  They  are  courageous,  if  often  partisan,  in  pub- 
licizing abuses  through  reports  and  press  releases,  but  only  occasionally  are  able  to 
intervene  successfully  with  authorities.  All  are  dominated  by  opponents  of  the  (}ov- 
emment,  impairing  their  credibility.  The  Government's  National  Human  Rights 
Commission  (CNDH),  which  published  a  report  in  March,  reported  an  improvement 
in  conditions  over  the  predecessor  regime  of  Hissein  Habre. 

Local  human  rights  groups  investigating  the  Moundou  clash  between  government 
and  FARF  troops  reported  a  lack  of  cooperation  by  authorities  (see  Section  l.a.).  The 
Government  did  not  prohibit  investigations  by  international  human  rights  organiza- 
tions. Over  the  past  6  years  the  United  Nations  Human  Rights  Commission  has  con- 
sidered a  case  against  Chad  under  the  confidential  1503  Procedure.  The  Commission 
voted  in  1996  to  consider  moving  the  case  to  the  public  procedures  process  during 
the  following  year  if  there  was  no  response  from  the  Government.  However,  the  case 
remained  confidential  and  had  not  moved  to  the  public  process  by  year's  end. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equal  rights  for  all  citizens,  regardless  of  origin, 
race,  religion,  political  opinion,  or  social  status.  In  practice,  cultural  traditions  main- 
tain women  in  a  subordinate  status,  and  the  Government  favors  its  ethnic  support- 
ers and  allies. 

Women. — While  no  statistics  are  available,  domestic  violence  against  women  is  be- 
lieved to  be  common.  By  tradition,  wives  are  subject  to  the  authority  of  their  hus- 
bands, and  have  only  limited  legal  recourse  against  abuse.  Family  or  traditional  au- 
thorities may  act  in  such  cases,  but  police  rarely  intervene. 

Neither  government  nor  advocacy  groups  have  been  able  to  redress  discrimination 
against  women.  However,  a  number  of  women's  advocacy  groups  are  working  to  this 
end.  In  practice,  women  do  not  have  equal  opportunities  for  education  and  training, 
making  it  difficult  for  them  to  compete  for  the  few  formal  sector  jobs.  F*roperty  and 
inheritance  laws  do  not  discriminate  against  women,  but  traditional  practice  favors 
men.  Exploitation  of  women  is  especially  pervasive  in  rural  areas,  where  women  do 
most  of  the  agricultural  labor  and  are  discouraged  from  formal  schooling. 

Children. — The  Government  has  demonstrated  little  commitment  to  children's 
rights  and  welfare.  It  has  not  committed  adequate  funding  to  public  education  and 
medical  care.  Educational  opportunities  for  girls  are  limited,  mainly  because  of  tra- 
dition. There  are  no  provisions  for  compulsory  education.  About  as  many  girls  as 
boys  are  enrolled  in  primary  school,  but  the  percentage  of  girls  enrolled  in  secondary 
school  is  extremely  low,  primarily  because  of  early  marriage.  Although  the  law  pro- 
hibits sexual  relations  with  a  girl  under  the  age  of  14,  even  if  married,  this  law  is 
rarely  enforced,  and  families  arrange  marriages  for  girls  as  young  as  age  11  or  12, 


63 

sometimes  forcibly,  for  the  financial  gain  of  a  dowry.  Many  wives  are  then  obligated 
to  work  long  hours  of  physical  labor  for  their  husbands  in  fields  or  homes. 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  wide- 
spread, estimated  at  about  60  percent  of  all  females,  and  deeply  rooted  in  tradition. 
Advocated  by  women  as  well  as  by  men,  the  practice  is  strongest  among  ethnic 
groups  in  the  east  and  south.  It  is  usually  performed  prior  to  puberty  as  a  rite  of 
passage,  an  occasion  many  families  use  to  profit  from  gifts  from  their  communities. 
Opposition  to  its  elimination  is  strong.  Both  the  Government  and  the  NGO  commu- 
nity have  in  recent  years  initiated  a  process  intended  to  eliminate  this  practice. 
They  have  been  markedly  more  active,  especially  in  conducting  public  awareness 
campaigns  and  seminars,  and  believe  that  their  efforts  are  effective.  FGM  is  theo- 
retically prosecutable  as  a  form  of  assault.  A  new  family  code,  not  yet  ratified,  con- 
tains language  that  specifically  addresses  FGM  and  condemns  its  practice. 

People  With  Disabilities. — Tliere  is  no  official  discrimination  against  disabled  per- 
sons. However,  the  Government  operates  few  therapy,  education,  or  employment 
programs  for  people  with  disabilities,  and  no  laws  mandate  access  to  buildings  for 
them.  One  association  for  the  disabled  was  given  15  minutes  of  free  broadcast  time 
to  devote  to  its  problems.  Several  local  NGO's  provide  skills  training  to  the  deaf  and 
blind. 

National  / Racial  / Ethnic  Minorities. — Ethnicity  continues  to  influence  government 
appointments  and  political  alliances.  There  are  approximately  200  ethnic  groups 
from  two  general  traditions:  Arab  and  Saharan/Sahelian  zone  Muslims  in  the  north, 
center,  and  east,  and  Sudanian  zone  Christian  or  animist  peoples  in  the  south.  Ri- 
valries among  these  many  groups  have  caused  civil  tensions  and  conflicts  for  dec- 
ades. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  recognizes  freedom  of  association 
and  union  membership  as  well  as  the  right  to  strike.  All  employees,  except  members 
of  the  military  forces,  are  free  to  join  or  form  unions.  Unions  must  receive  authoriza- 
tion from  the  Government  in  order  to  operate  legally.  However,  few  workers  belong 
to  unions:  Most  workers  are  unpaid  subsistence  cultivators  or  herders.  The  main 
labor  organization  is  the  Federation  of  Chadian  Unions  (UST).  Its  former  major  con- 
stituent union,  the  Teachers'  Union  of  Chad  (SET),  became  independent  of  it  during 
the  year.  Neither  has  ties  to  the  Government.  A  number  of  minor  federations  and 
unions,  including  the  Free  Confederation  of  Chadian  Workers  (CLTT),  also  operate, 
some  with  ties  to  government  officials. 

The  Government  generally  respected  the  right  to  organize  and  strike.  However, 
the  UST  has  filed  legal  actions  against  the  Government  in  the  courts  for  attempts 
in  1993,  1995,  and  1996  to  suspend  it  and  occupy  its  headquarters. 

Isolated  strikes  over  unpaid  salaries  by  teachers  and  health  workers  occurred  in 
several  areas  of  the  country,  and  there  was  a  short  lived  strike  at  CotonTchad. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  and  the 
Labor  Code  contain  only  general  provisions  on  the  rights  of  labor  and  do  not  specifi- 
cally protect  collective  bargaining.  The  Labor  Code  requires  the  Government  to  set 
minimum  wage  standards  and  permits  unions  to  bargain  collectively,  but  empowers 
the  Government  to  intervene  in  the  bargaining  process  under  certain  circumstances. 

Of  the  three  top  union  officials  expelled  from  Biltine  Prefecture  and  suspended 
from  their  jobs  at  the  (government's  behest  in  1995,  two  have  been  reinstated;  one 
remains  suspended. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  slavery 
and  forced  or  compulsory  labor,  including  such  labor  by  children.  However,  the 
International  Labour  Organization  (ILO)  maintains  that  several  provisions  of  both 
pre-  and  post-independence  legislation  may  permit  forced  labor  under  certain  cir- 
cumstances, and  has  urged  the  Government  to  take  action  to  repeal  them.  There 
is  no  evidence  of  the  practice  in  the  formal  economy.  There  have  been  reports  of  iso- 
lated instances  of  forced  labor  among  rural  farming  or  herding  communities,  and  in 
military  installations  in  the  north.  Human  rights  associations  also  indicate  that  the 
military  forces  routinely  compel  soldiers  to  perform  forced  labor  at  isolated  outposts 
as  punishment. 

a.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment prohibits  forced  and  bonded  labor  by  children,  but  does  not  enforce  this 
prohibition  efTectively  (see  Section  6.c.).  The  Labor  Code  stipulates  that  the  mini- 
mum age  for  employment  in  the  formal  sector  is  14  years.  The  Government  does 
not  enforce  the  law,  but  in  practice  children  are  rarely  employed  except  in  agri- 


64 

culture  and  herding.  Most  of  the  600  minors  in  the  armed  forces  at  the  beginning 
of  the  year  are  believed  to  have  been  mustered  out  in  a  demobilization  program. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  requires  the  Government  to 
set  minimum  wages.  The  minimum  wage  is  $50  (25,480  cfa)  per  month.  Most  wages 
are  insufficient  to  provide  a  worker  and  family  a  decent  standard  of  living.  Nearly 
all  private  sector  and  state-owned  firms  had  applied  the  new  standards  by  the  end 
of  1995,  but  public  sector  wages  remain  below  standard  since  the  Government  failed 
to  submit  legislation  to  implement  them  for  its  employees. 

The  Government's  record  on  salary  payments  improved.  Structural  adjustment  as- 
sistance from  international  institutions  enabled  it  to  pay  most  of  its  employees  regu- 
larly and  usually  on  time.  Salary  arrears  to  civil  servants  and  teachers  outside  the 
capital,  a  problem  in  a  country  with  few  financial  institutions,  remains  at  approxi- 
mately 3  months.  However,  arrears  to  government  employees  from  previous  years 
remain  unpaid.  Moreover,  some  members  of  the  military  forces  received  only  sub- 
sistence payments  for  most  of  the  year.  Many  state  employees  must  work  second 
jobs,  raise  their  own  food  crops,  or  rely  on  family  for  support. 

The  law  limits  most  nonagricultural  work  to  48  hours  per  week,  with  overtime 
paid  for  supplementary  hours,  and  agricultural  work  limited  to  2,400  hours  per 
year.  All  workers  are  entitled  to  24  consecutive  hours  of  rest  per  week,  although 
in  practice  these  rights  are  rarely  enforced. 

The  Labor  Code  mandates  occupational  health  and  safety  standards  and  provides 
inspectors  with  the  authority  to  enforce  them.  These  standards  are  rarely  respected 
in  practice,  and  the  UST  has  alleged  before  the  ILO  that  the  labor  inspection  serv- 
ices are  not  allocated  the  resources  necessary  to  perform  their  duties.  In  principle, 
workers  can  remove  themselves  from  dangerous  working  conditions,  but  in  practice 
they  cannot  without  jeopardizing  their  employment. 


COMOROS 

The  Federal  Islamic  Republic  of  the  Comoros  comprises  three  islands  and  claims 
a  fourth,  Mayotte,  which  is  governed  by  France.  The  Comoros  has  a  democratically 
elected  government  and  a  Constitution  but  has  been  prone  to  coups  and  political  in- 
surrection since  independence  in  1975.  During  the  year,  a  secessionist  movement 
rose  in  Anjouan,  the  country's  second  largest  island.  Government  troops  attempted 
to  put  down  the  movement  in  September  but  were  defeated.  The  Organization  of 
African  Unity  and  the  Arab  League  launched  a  mediation  effort  designed  to  help 
the  Government  and  the  secessionists  reach  a  peaceful  settlement,  and  hosted  a  me- 
diation session  in  Addis  Ababa,  Ethiopia  in  December.  Additional  meetings  were 
scheduled  for  1998.  President  Mohamed  Taki  Abdoulkarim,  elected  in  March  1996, 
dissolved  his  government  immediately  following  the  confrontations  in  Anjouan  and 
assumed  full  political  powers,  an  act  permitted  by  the  Constitution,  provided  that 
new  elections  are  held  within  90  days.  As  of  year's  end,  new  elections  nad  not  been 
scheduled.  In  October  more  than  99  percent  of  citizens  in  Anjouan  voted  in  a  legal 
referendum  to  secede  from  Comoros.  The  Government  and  the  international  conunu- 
nity  refused  to  recognize  the  vote.  The  judiciary  is  independent. 

The  Comorian  Defense  Force  (FCD)  and  the  gendarmerie  are  responsible  for  inter- 
nal security.  Both  are  under  civilian  control. 

The  economy  of  this  extremely  poor  country  is  dominated  by  agriculture.  Reve- 
nues from  the  main  crops — vanilla,  essence  of'^ylang-ylang,  and  cloves — continue  to 
fall  while  the  population  of  550,000  continues  to  grow  at  a  high  rate  of  3  percent 
annually.  Per  capita  income  is  approximately  $470  per  year.  Comoros  depends  heav- 
ily on  foreign  assistance  from  Arab  countries,  France,  and  the  European  Union. 

The  human  rights  situation  worsened  in  1997  due  to  widespread  political  protests 
and  the  Government's  response  to  them.  More  than  50  civilians  and  soldiers  died 
in  confrontations  between  the  Government  and  opposition  political  forces,  most  dur- 
ing the  Anjouan  military  incursion  in  September.  Several  civilians  were  killed  dur- 
ing protests  earlier  in  the  year,  but  the  circumstances  of  their  deaths  are  not  clear. 
During  the  Anjouan  crisis  the  Government  suspended  a  number  of  civil  liberties 
such  as  the  right  to  peaceful  assembly.  Prison  conditions  remain  poor,  and  societal 
discrimination  against  women  continued  to  be  a  serious  problem. 

RESPECT  FOR  HUMAN  RIGHTS 
Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — At  least  one  dozen  civilians  and  30 
to  40  soldiers  reportedly  were  killed  in  fighting  between  government  troops  and  se- 


65 

cessionists  on  the  island  of  Anjouan  from  September  3  to  5.  Both  sides  were  armed, 
but  there  were  no  reliable  reports  of  what  occurred  during  the  confrontations.  The 
Government  claimed  that  at  least  one  soldier  was  beaten  to  death.  Several  non- 
governmental organizations  visited  the  island  following  the  incursion,  but  have  not 
issued  any  statements  or  published  any  reports  that  shed  light  on  the  nature  of  the 
fighting. 

D.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
There  were  no  substantiated  reports  of  torture  or  other  cruel,  inhuman,  or  degrad- 
ing treatment  or  punishment.  There  were  press  reports  that  soldiers  tortured  people 
in  Anjouan  during  demonstrations  in  March.  Credible  sources  confirm  that  individ- 
ual soldiers  committed  excesses. 

Prison  conditions  continued  to  be  poor.  A  lack  of  proper  sanitation,  overcrowding, 
inadequate  medical  facilities,  and  poor  diet  are  common  problems.  The  Government 
has  not  taken  action  to  remedy  these  problems. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  1996  Constitution  prohibits  arbi- 
trary arrest  and  imprisonment.  It  does  not  specify  a  time  limit  between  arrest  and 
appearance  before  a  magistrate.  The  law  does  not  specify  how  long  prisoners  held 
for  security  reasons  may  oe  detained  without  being  charged. 

The  Government  does  not  use  forced  exile  as  a  means  of  political  control. 

e.  Denial  of  Fair  Public  Trial. — The  1996  Constitution  provides  for  an  independ- 
ent judiciary  assured  by  the  President.  The  High  Council,  made  up  of  four  members 
appointed  by  the  President,  three  members  elected  by  the  Federal  Assembly,  and 
a  member  of  each  island  council,  also  serves  as  the  High  Court  of  Justice  and  rules 
on  cases  of  constitutional  law. 

The  Constitution  provides  for  equality  before  the  law  of  all  citizens.  It  does  not 
mention  the  right  to  counsel.  Trials  are  open  to  the  public  except  for  limited  excep- 
tions defined  by  law.  The  legal  system  incorporates  Islamic  law  as  well  as  French 
legal  codes.  There  are  very  few  lawyers  in  the  country,  making  it  difiicult  to  obtain 
legal  representation.  The  Government  does  not  provide  free  legal  counsel  to  the  ac- 
cused. Most  disputes  are  settled  by  village  elders  or  by  a  civilian  court  of  first  in- 
stance. 

In  September  1996,  a  man  who  had  allegedly  murdered  a  pregnant  woman  in 
front  of  several  witnesses  was  found  guilty  in  a  public,  2-day  trial  before  a  lay  penal 
court.  He  had  legal  counsel.  Prior  to  the  conclusion  of  the  trial  and  sentencing. 
President  Taki  stated  publicly  that  the  trial  process  was  unnecessarily  slow  and 
called  for  harsher  punishments  for  criminals.  The  man  was  publicly  executed  on 
September  16,  1996,  and  was  the  first  person  to  be  sentenced  to  death  since  the 
late  1970's. 

There  are  no  known  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — There 
were  no  known  cases  of  arbitrary  interference  with  privacy  or  correspondence. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  does  not  provide  for  freedom 
of  the  press,  but  small  independent  journals  exist  side-by-side  with  the  semiofficial 
weekly  Al-Watwan.  The  inaependent  newspapers  freely  criticize  the  Government, 
and  even  Al-Watwan  has  published  commentary  critical  of  President  Taki. 

The  government-controlled  radio  station.  Radio  Comoros,  is  the  only  station  in  the 
country  following  the  closure  by  the  Government  of  Tropic  FM.  Residents  receive 
broadcasts  from  Mayotte  Radio  as  well  as  from  French  television  without  inter- 
ference, but  these  carry  only  limited  news  about  Comoros  developments.  Satellite 
antennas  are  popular  and  amateur  radio  licenses  are  issued  without  hindrance.  For- 
eim  newspapers  are  available,  as  are  books  from  abroad. 

There  is  no  university,  but  secondary  students  and  teachers  speak  freely  and  criti- 
cize the  Government  openly.  Students  led  many  of  the  antigovernment  demonstra- 
tions early  in  the  year.  Security  forces  generally  showed  restraint  and  allowed  the 
protests,  despite  the  fact  that  they  disrupted  transportation  and  commerce. 

b.  Freedom  of  Peaceful  Assembly  ana  Association. — The  1996  Constitution  does 
not  provide  for  freedom  of  assembly  and  association,  but  the  Government  generally 
respected  these  rights  in  practice,  except  during  the  height  of  the  crisis  in  Anjouan, 
when  it  banned  antigovernment  demonstrations. 

c.  Freedom  of  Religion. — An  overwhelming  majority  of  the  population  is  Sunni 
Muslim.  The  Constitution  prohibits  discrimination  before  the  law  based  on  religion 
or  religious  belief  but  establishes  an  Ulamas  Council,  which  advises  the  President, 
Prime  Minister,  President  of  the  Federal  Assembly,  the  Council  of  Isles,  and  the  is- 
land governors  on  whether  bills,  ordinances,  decrees,  and  laws  are  in  conformity 
with  the  principles  of  Islam.  The  Government  permits  non-Muslims  to  practice  their 


66 

faith,  and  Christian  missionaries  may  work  in  local  hospitals  and  schools,  but  may 
not  proselytize. 

President  Taki's  1996  bans  on  alcohol  and  immodest  dress  remain  in  effect. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  are  no  restrictions  on  travel  within  the  country  or  abroad,  and 
exit  visas  are  generally  freely  granted. 

The  Government  has  not  formulated  a  policy  regarding  refugees,  asylees,  or  first 
asylum. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

President  Taki  was  elected  in  March  1996  in  polling  that  international  observers 
reported  to  be  free  and  fair.  Legislative  elections  were  held  in  December  1996. 

Citizens  have  the  right  to  change  their  government,  but  it  has  not  yet  been  fully 
demonstrated  that  they,  in  fact,  have  the  anility  to  change  it  peacefully  through  free 
and  fair  elections.  The  Constitution  stipulates  that  sovereignty  resides  in  the  people 
and  is  to  be  exercised  by  elected  representatives  or  through  referendum.  The  crises 
that  have  beset  the  country  since  its  independence  in  1975,  including  a  series  of  for- 
eign-led coups  and  coup  attempts,  have  made  it  difficult  for  citizens  to  exercise  that 
right. 

President  Taki  dissolved  his  Government  in  September  following  the  military  con- 
frontation in  Anjouan,  named  12  "commissioners"  to  assist  him,  and  assumed  full 
political  powers.  The  Constitution  allows  the  President  to  rule  in  this  fashion,  but 
requires  that  new  elections  be  held  within  90  days.  However,  elections  had  not  been 
held  by  year's  end. 

In  October  1996,  President  Taki's  proposed  Constitution  was  approved  in  a  na- 
tional referendum.  The  new  Constitution  mandates  that  all  political  parties  that  did 
not  win  at  least  two  seats  per  island  in  the  December  1996  legislative  elections  are 
automatically  dissolved  unless  they  join  other  parties  validly  represented  in  the 
Federal  Assembly.  If  only  one  party  is  represented  in  the  Assembly,  the  party  or 
group  obtaining  the  second  largest  number  of  votes  is  permitted  to  continue  its  ac- 
tivities. 

Village  chiefs  and  Muslim  religious  leaders  tend  to  dominate  local  politics.  Tradi- 
tional social,  religious,  and  economic  institutions  also  importantly  affect  the  coun- 
try's political  life. 

Comorian  society  is  male-dominated,  making  it  difTicult  for  women  to  become  in- 
volved in  politics,  although  women  have  the  right  to  vote  and  to  run  for  office.  No 
women  hold  senior  government  positions  or  serve  in  the  National  Assembly. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Comoros  Human  Rights  Association,  established  in  1990,  continues  to  func- 
tion, but  many  members  are  unwilling  to  criticize  the  Government  vigorously  for 
fear  of  losing  their  civil  service  positions.  The  Government  cooperates  with  inter- 
national human  rights  organizations,  including  the  International  Committee  of  the 
Red  Cross. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equality  before  the  law  without  discrimination 
based  on  race,  religion,  or  religious  belief  but  is  silent  on  sex,  disability,  language, 
and  social  status.  The  Government  generally  respects  these  provisions  in  practice 
but  discourages  the  practice  of  religions  other  than  Islam. 

Women. — Violence  against  women  occurs,  but  medical  authorities,  the  police,  and 
women's  groups  believe  that  it  is  rare.  In  theory  a  woman  could  seek  protection 
through  the  courts  in  the  case  of  violence,  but  in  fact  the  issue  is  most  often  ad- 
dressed within  the  extended  family  or  at  the  village  level. 

Men  have  the  dominant  role  in  society,  and  few  women  hold  positions  of  respon- 
sibility in  government  or  business.  Societal  discrimination  against  women  is  most 
apparent  in  rural  areas,  where  women  have  onerous  farming  and  child-rearing  du- 
ties, with  fewer  opportunities  for  education  and  wage  employment.  In  contrast, 
change  in  the  status  of  women  is  most  evident  in  the  major  towns,  where  growing 
numbers  of  women  are  in  the  labor  force  and  generally  earn  wages  comparable  to 
those  of  men  engaged  in  similar  work.  While  legal  discrimination  exists  in  some 
areas,  in  general  inneritance  and  property  rights  do  not  disfavor  women.  For  exam- 
ple, the  house  that  the  father  of  the  bride  traditionally  provides  to  the  couple  at 
the  time  of  their  marriage  remains  her  property  even  in  the  event  of  divorce. 

Children. — The  Government,  while  committed  to  the  protection  of  children's  rights 
and  welfare  in  principle,  has  extremely  limited  ability  to  put  this  into  practice.  Pop- 


67 

ulation  pressure  and  poverty  force  some  families  to  place  their  children  in  the 
homes  of  others.  These  children,  often  as  young  as  7  years  of  age,  typically  work 
long  hours  as  domestic  servants  in  exchange  for  food  and  shelter.  The  few  legal  in- 
struments which  address  the  rights  and  welfare  of  children  are  not  enforced  because 
of  a  lack  of  inspectors. 

Female  genital  mutilation,  which  is  widely  condemned  by  international  health  ex- 
perts as  damaging  to  both  physical  and  psychological  health,  is  not  generally  prac- 
ticed. Child  abuse  appears  to  be  rare. 

People  With  Disabilities. — There  is  no  evidence  of  widespread  discrimination 
against  the  disabled  in  the  provision  of  education  or  other  services.  No  legislation 
is  in  force  or  pending  concerning  accessibility  to  public  buildings  or  services  for  peo- 
ple with  disabilities. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  does  not  provide  for  the  right  to 
unionize  and  strike,  but  these  rights  are  practiced  freely.  Farming  on  small  land 
holdings,  subsistence  fishing,  and  petty  commerce  make  up  the  daily  activity  of  most 
of  the  population.  Hence,  tne  wage  labor  force  is  small;  less  than  7,000  including 
government  employees,  and  less  than  2,000  excluding  them.  Teachers,  civil  serv- 
ants, and  dock  workers  are  unionized.  Unions  are  independent  of  the  Government. 
Teachers  and  hospital  workers  go  on  strike  intermittently,  mostly  because  they  are 
not  paid  for  months.  There  are  no  laws  protecting  strikers  from  retribution,  but 
there  were  no  known  instances  of  retribution. 

There  are  no  restrictions  on  unions  joining  federations  or  affiliating  with  inter- 
national bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Unions  have  the  right  to  bar- 
gain collectively,  and  strikes  are  legal.  Wages  are  set  by  employers  in  the  small  pri- 
vate sector  and  by  the  Government,  especially  the  Ministries  of  Finance  and  Labor, 
in  the  larger  public  sector.  The  Labor  Code,  which  is  only  loosely  enforced,  does  not 
set  up  a  system  for  resolving  labor  disputes,  and  it  does  not  prohibit  antiunion  dis- 
crimination by  employers. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  does  not  mention 
forced  or  compulsory  labor,  but  it  is  not  practiced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The 
Labor  Code  defines  the  minimum  age  for  the  employment  as  15  years  of  age.  The 
Ministry  of  Labor  has  few  resources  to  enforce  this  provision,  but  except  for  domes- 
tic work,  child  labor  is  not  a  problem,  due  to  the  general  lack  of  wage  employment 
opportunities.  Children  generally  help  with  the  work  of  their  families  in  the  subsist- 
ence farming  and  fishing  sectors  (see  Section  5). 

e.  Acceptable  Conditions  of  Work. — The  Government  mandates  minimum  wage 
levels.  The  rates,  which  vary  by  occupation,  have  not  been  changed  in  over  a  decade 
and  no  longer  reflect  economic  realities.  The  minimum  wage  for  a  laborer  is  about 
$67  (30,000  Comorian  francs)  per  month.  The  (jovernn.ent  periodically  reminds  em- 
ployers to  respect  the  Labor  Code,  which  specifies  1  day  off  per  week,  plus  1  month 
of  paid  vacation  per  year,  but  it  does  not  set  a  standard  workweek.  There  are  no 
safety  or  health  standards  for  the  minuscule  manufacturing  sector. 


DEMOCRATIC  REPUBLIC  OF  THE  CONGO 

President  Laurent  Desire  Kabila  seized  control  of  the  government  of  the  former 
Zaire  on  May  17  following  a  7-month  military  campaign.  Prior  to  Kabila's  takeover, 
the  late  former  president  Mobutu  Sese  Seko  had  headed  an  authoritarian  regime 
for  32  years.  President  Kabila's  Alliance  of  Democratic  Forces  for  the  Liberation  of 
Congo-Zaire  (ADFL)  then  established  the  Democratic  Republic  of  the  Congo.  A  sov- 
ereign national  conference  in  1992  had  formulated  a  ntw  constitution  and  enacted 
legislation  establishing  a  transitional  government  in  the  years  prior  to  the  ADFL 
takeover;  however,  there  was  no  progress  in  the  transition  to  democratic  govern- 
ment. On  May  29,  Kabila  announced  a  schedule  for  democratization,  with  elections 
scheduled  for  May  1999.  Kabila  rules  by  decree.  Decree  Law  No.  3,  promulgated  on 
May  27,  established  a  structure  consisting  of  a  president,  a  government,  and  the 
courts  and  tribunals.  Prior  constitutional  provisions,  laws  and  regulations,  and  the 
Transitional  Act  remain  in  efiect  unless  contrary  to  Decree  Law  No.  3,  or  repealed. 
The  judiciary  continues  to  be  subject  to  executive  influence  and  corruption. 

The  security  forces  consist  of  a  new  national  police  force  under  the  Ministry  of 
Interior,  a  National  Security  Council,  and  the  Congolese  Armed  Forces  (FAC).  The 


68 

reorganized  police  force,  in  place  in  all  regions  by  year's  end,  handles  basic  criminal 
cases.  The  National  Security  Council  is  responsible  for  internal  and  external  secu- 
rity, including  border  security  matters.  The  FAC  retains  some  residual  police  func- 
tions. Military  police  have  jurisdiction  over  armed  forces  personnel.  The  security 
forces  under  both  the  Mobutu  and  Kabila  regimes  committed  numerous,  serious 
human  rights  abuses. 

Most  sectors  of  the  economy  have  been  contracting  since  the  late  1970's;  in  the 
1990's,  the  decline  accelerated.  Production  and  incomes  have  fallen  steadily,  as  the 
modem  sector  has  virtually  disappeared.  Physical  infrastructure  has  suffered  seri- 
ous damage,  financial  institutions  have  collapsed,  and  human  capital  has  signifi- 
cantly eroded.  Annual  per  capita  national  income  is  estimated  at  $115.  Subsistence 
activities,  a  large  informal  sector,  and  widespread  barter  characterize  much  of  the 
economy.  The  insolvent  public  sector  cannot  provide  even  basic  public  services,  and 
foreign  economic  assistance  was  limited. 

The  Kabila  Government's  human  rights  record  was  mixed  and  serious  problems 
remain  in  many  areas.  Until  its  overthrow,  the  Mobutu  regime  tolerated  and  com- 
mitted numerous,  serious  human  rights  abuses. 

Security  forces  of  both  governments  were  responsible  for  extrajudicial  killings,  dis- 
appearances, torture,  rape,  and  other  abuses;  security  forces  arbitrarily  arrested  and 
detained  citizens.  In  general  the  authorities  did  not  punish  the  perpetrators,  al- 
though the  Kabila  Government  is  attempting  to  establish  controls  over  security 
forces;  few  allegations  of  abuses  were  made  against  the  new  police  force.  The  judici- 
ary is  subject  to  executive  influence,  and  the  judicial  system  remains  plagued  by 
lack  of  resources,  inefficiency,  and  corruption.  It  remains  largely  ineffective  as  a  de- 
terrent to  human  rights  abuses  or  as  a  corrective  force.  Security  forces  violated  citi- 
zens' rights  to  privacy.  The  Kabila  Government  suspended  political  party  activities, 
and  arbitrary  arrest  and  detention  were  increasingly  evident  by  year's  end.  Citizens 
were  not  able  to  vote  to  change  their  government  in  multiparty  elections.  Prolonged 
pretrial  and  extrajudicial  detention  is  a  problem. 

Although  a  large  number  of  independent  newspapers  publish  freely,  the  govern- 
ments sought  to  limit  freedom  of  speech  and  the  press  by  harassing  and  arresting 
newspaper  editors  and  journalists.  The  Government  restricted  freedom  of  assembly 
and  association.  It  suspended  political  party  activity  and  used  security  services  to 
stop  political  demonstrations,  sometimes  resulting  in  deaths  and  arrests.  Freedom 
of  religion  is  recognized.  Although  a  law  restricts  the  process  for  official  recognition 
of  religious  groups.  The  Mobutu  government  had  limited  freedom  of  movement.  The 
Government  resisted  efforts  by  the  United  Nations  to  investigate  reports  of  mas- 
sacres. Discrimination  against  women,  ethnic  minorities,  and  pygmies  is  a  problem. 
Violence  against  women  is  a  problem  and  is  seldom  punished.  Female  genital  muti- 
lation persists  among  isolated  populations  in  the  north.  Child  labor  is  a  common 
problem  in  the  informal  sector. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  many  credible  reports 
that  the  security  forces  of  the  Mobutu  regime  committed  numerous  killings  of  civil- 
ians during  the  year.  Although  precise  estimates  are  unavailable,  these  included  the 
random  killing  of  civilians  by  soldiers  engaged  in  criminal  acts  and  the  harassment 
of  political  opponents.  These  abuses  subsided  after  the  change  in  government  as  the 
ADFL  strengthened  its  control  over  Kinshasa,  and  as  many  former  army  of  Zaire 
(FAZ)  soldiers  surrendered  their  weapons  to  comply  with  the  ADFL's  orders.  How- 
ever, credible  reports  of  killings  by  ill-disciplined  troops  continued  in  other  areas  of 
the  country,  particularly  in  the  Kivus. 

The  national  Red  Cross  claimed  to  have  collected  318  bodies  in  the  4  days  follow- 
ing the  ADFL  takeover  of  Kinshasa.  Some  local  human  rights  organizations  re- 
ported a  much  higher  number  of  deaths;  these  figures  were  never  verified.  Most 
were  persons  killed  while  trying  to  loot  or  were  former  members  of  the  FAZ  carrying 
arms.  There  were  also  several  reports  of  summary  executions,  some  of  which  may 
have  been  committed  by  civilians. 

Harsh  prison  conditions  and  abuse  led  to  an  undetermined  number  of  deaths  in 
prisons.  Prisoners  under  the  Mobutu  regime  and  the  Government  died  of  illness  or 
starvation  (see  Section  I.e.). 

On  June  12,  a  soldier  shot  a  student  to  death  who  was  traveling  to  a  state  funeral 
for  a  Mobutu  government  general.  Accounts  differ  concerning  the  incident.  In  one 
version,  the  student  threw  a  stone  at  the  soldier;  in  another,  several  soldiers  forcibly 
ordered  the  student  from  a  vehicle  hijacked  by  the  student  to  attend  the  funeral. 


69 

On  August  26,  the  FAC  killed  a  student  during  a  confrontation  between  students 
at  the  University  of  Kinshasa  and  the  FAC.  More  than  10  other  students  were  re- 
portedly wounded  in  the  incident. 

On  July  25,  FAC  soldiers  fired  on  a  peaceful  demonstration  by  the  Unified 
Lumumbist  Party  (PALU),  killing  one  demonstrator  and  wounding  six  others.  Sol- 
diers unfamiliar  with  riot  control  procedures  reportedly  overreacted  when  the  dem- 
onstrators refused  to  disperse.  At  least  one  demonstrator  was  killed  and  six  others 
seriously  injured. 

In  February  Ela  Meii  Manyanga  Alphonsine  died  in  the  custody  of  the  Special  Re- 
search Brigade  (BSRS)  aft^er  having  reportedly  been  tortured  in  its  facility.  Ela  Meji 
was  reportedly  detained  in  place  of  one  of  her  children,  who  was  sought  by  the 
BSRS  for  having  listened  to  news  of  the  war  in  a  public  place  and  consequently  la- 
beled a  rebel  sympathiser. 

There  were  several  reports  in  Autumn  of  killing  of  suspected  witches  in 
Orientale  province,  allegedly  on  the  orders  of  local  ADFL  officials,  after  accusation 
by  local  residents. 

b.  Disappearance. — There  were  several  reported  cases  of  disappearance,  most  oc- 
curring during  the  national  conflict  early  in  the  year.  Security  forces  of  the  Mobutu 
regime  regularly  held  alleged  suspects  in  secret  detention  for  varying  periods  of 
time  before  acknowledging  that  they  were  actually  in  custody.  Typical  accounts  de- 
scribed unidentified  assailants  who  abducted,  threatened,  and  often  beat  their  vic- 
tims before  releasing  them.  Journalists  and  opposition  members  claimed  that  they 
were  targets  for  such  actions. 

Two  opposition  figures,  Ismail  Tutu'emoto  and  Bunia  Luminangulu,  disappeared 
on  July  1.  They  had  been  in  exile  during  the  Mobutu  period,  but  retumea  to  the 
country  to  support  the  ADFL.  They  were  reportedly  arrested  for  having  criticized 
President  Kabila. 

A  Ministry  of  Information  employee  and  former  leader  of  the  ADFL  reeducation 
campaign  in  Goma  disappeared  in  late  November  after  having  been  asked  to  report 
to  the  National  Security  Council.  He  may  have  been  taken  into  custody  on  suspicion 
of  collaborating  with  persons  accused  oi  attempting  to  destabilize  the  Government, 
or  he  may  have  gone  into  hiding. 

The  authorities  arrested  Freddy  Libeba,  an  early  ADFL  supporter  on  December 
21  on  order  of  the  National  Security  Council.  His  whereabouts  were  unknown  as  of 
year's  end. 

There  were  multiple  reports  that  ethnic  Hutus  were  responsible  for  disappear- 
ances in  the  Boma  area  during  the  civil  conflict. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  the  law  forbids  torture,  security  forces  and  prison  officials  under  both  the 
Mobutu  and  the  Kabila  administrations  have  disregarded  this  prohibition,  often 
beating  prisoners  in  the  process  of  arresting  or  interrogating  them.  A  nongovern- 
mental organization  (NGO)  worker  in  Maniema  region  was  arrested  and  severely 
beaten  in  August  by  armed  forces  of  the  ADFL.  In  February  security  forces  report- 
edly tortured  a  woman  to  death  (see  Section  l.a.). 

Several  prisoners  released  during  the  Mobutu  period  claim  to  have  been  struck, 
kicked,  whipped  and  suspended  upside  down  for  long  periods  of  time.  The  authori- 
ties, including  the  judiciary,  rarely  investigated  claims  of  torture  despite  their  fre- 
quency. Authorities  of  the  Kabila  administration  have  not  responded  to  charges  of 
inmate  abuse  and  torture  using  electric  shock  and  repeated  beatings  by  its  security 
and  prison  officials. 

Unionist  Gaby  Kyamusoke  suffered  harassment  and  threats  to  his  personal  secu- 
rity for  continuing  to  denounce  corrupt  practices  within  the  Directorate  General  of 
Taxation  under  the  Mobutu  regime.  Kyamusoke  encountered  difficulties  with 
Mobutu's  National  Intelligence  Service  (SNIP)  during  the  conflict  when  Kabila  alleg- 
edly threatened  reprisal  if  Kyamusoke  was  subjected  to  any  further  harassment. 
Kabila's  statements,  broadcast  on  international  radio,  prompted  the  then-authorities 
to  call  Kyamusoke  a  rebel  sympathizer  and  detain  him.  Kyamusoke  was  subse- 
quently required  to  report  to  SNIP  every  work  day  and  to  the  public  prosecutor's 
office  every  Monday  and  Friday. 

Soon  aft^r  the  ADFL  took  power,  a  number  of  cases  arose  in  which  women  wear- 
ing short  skirts  or  jeans  were  publicly  stripped  of  their  clothing  and,  in  some  cases, 
raped  by  ADFL  troops.  The  authorities  ended  this  practice  within  a  few  months,  but 
there  is  no  indication  that  the  perpetrators  were  ever  punished.  Persons  wearing 
uniforms  raped  women  in  many  neighborhoods  of  Kinshasa  and  Lubumbashi  (see 
Section  2.d.). 

Members  of  the  security  forces  under  the  Mobutu  regime  robbed  and  extorted  ci- 
vilians, generally  without  official  rebuke.  During  the  early  months  of  the  year,  they 
continued  to  commit  many  criminal  infractions,  including  robbery,  extortion,  and 


70 

looting,  leading  many  citizens  to  welcome  the  ADFL,  with  its  promises  to  respect 
individuals  and  to  end  such  corrupt  practices.  While  there  are  frequent  examples 
of  abuses  by  the  Kabila  governments  military  forces,  the  Government  often  at- 
tributes these  to  former  Zairian  soldiers  integrated  into  its  military  forces.  The 
newly  revised  military  justice  system  prosecuted  several  FAC  members  on  charges 
ranging  from  theft  to  rape  to  murder. 

Eugene  Diomi  Ngongala,  leader  of  the  Front  for  the  Survival  of  Democracy,  was 
arrested  without  charge  on  December  1 1.  During  his  arrest,  soldiers  reportedly  bur- 

flarized  his  house  and  raped  two  female  relatives  there.  Diomi  claimed  to  have  been 
eaten  regularly  since  his  arrest.  He  remained  uncharged  and  in  custody  at  year's 
end. 

Military  authorities  took  several  relatives  and  friends  of  Freddy  Libeba  into  cus- 
tody on  December  20  and  21  (see  Section  l.b.).  They  were  interrogated  concerning 
the  whereabouts  of  weapons  supposedly  hidden  by  Libeba.  They  reported  frequent 
beatings,  and  remained  detained  without  charge  at  year's  end. 

The  Kabila  Government  operates  220  known  prisons  and  other  places  of  deten- 
tion, all  assumed  from  the  Mobutu  regime.  In  all  such  facilities,  conditions  remain 
life  threatening,  although  at  the  end  of  the  year  the  Government  undertook  work 
at  Kinshasa's  main  prison,  Makala,  to  improve  conditions.  The  Mobutu  government 
did  not  acknowledge  its  responsibility  to  provide  prisoners  with  food  or  medical  sup- 
plies. The  Kabila  administration  provided  food  at  some  prisons,  but  not  in  sufficient 
quantities  to  ensure  adequate  nutrition  for  all  inmates.  Prison  conditions  remain  a 
threat  to  prisoners'  lives.  Living  conditions  are  harsh  and  unsanitary,  and  prisoners 
are  poorly  treated.  The  system  has  severe  shortages  of  funds,  medical  facilities,  food, 
and  trained  personnel. 

Overcrowding  and  corruption  in  the  prisons  were  widespread  abuses  under 
Mobutu.  Reports  of  prisoners  being  tortured,  beaten  to  death,  deprived  of  food  and 
water,  or  dying  of  starvation  were  common  during  the  Mobutu  period,  and  continued 
under  Kabila.  Prisoners  are  wholly  dependent  on  personal  resources  of  family  or 
friends  for  their  survival.  Inmates  at  Makala  central  prison  in  Kinshasa  sleep  on 
the  floor  without  bedding  and  have  no  access  to  sanitation,  potable  water,  or  ade- 
quate health  care.  Tuberculosis,  red  diarrhea,  and  other  infectious  diseases  are 
rampant.  Although  authorities  do  not  target  women  for  abuse,  prison  guards  rape 
female  inmates.  In  some  cases,  such  as  in  Goma,  official  prisons  were  destroyed  dur- 
ing the  fighting,  and  prisoners  are  held  in  military  and  security  holding  cells,  where 
their  rights  often  receive  even  less  protection. 

The  ICRC,  religious  organizations,  and  local  human  rights  organizations  usually 
had  access  to  prisons  nationwide  under  Mobutu.  For  several  months  after  the  ADFL 
takeover,  neither  these  organizations  nor  family  members  were  allowed  access  to 
several  prisons  throughout  the  country.  The  Kabila  Government  began  to  grant  ac- 
cess to  prisons  in  September.  Under  the  Mobutu  regime,  the  use  of  unpublicized  and 
unofficial  detention  sites  by  the  civil  and  military  authorities  circumvented  humani- 
tarian groups'  access  to  many  prisoners  and  detainees.  The  practice  of  using  unoffi- 
cial detention  sites,  such  as  private  homes,  occurs  under  the  Kabila  Government. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Despite  legal  provisions  governing  arrest 
and  detention  procedures,  the  security  forces  under  both  Mobutu  and  Kabila  were 
responsible  for  numerous  cases  of  arbitrary  arrest  and  detention.  Under  the  Mobutu 
regime,  police  functions  were  carried  out  under  the  Ministry  of  Defense  gendar- 
merie. The  new  Government  created  a  National  Police  Force  under  the  Ministry  of 
Interior.  At  year's  end,  the  new  police  force  had  established  a  presence  in  all  re- 
gions. 

Under  the  law,  serious  offenses  (those  punishable  by  more  than  6  months'  impris- 
onment) do  not  require  a  warrant  for  a  suspect's  arrest.  Only  a  law  enforcement  offi- 
cer with  "judicial  police  ofTicer"  status  is  empowered  to  authorize  arrest.  This  status 
is  also  vested  in  senior  officers  of  the  security  services.  The  law  instructs  security 
forces  to  bring  detainees  to  the  police  within  24  hours.  The  law  also  provides  that 
detainees  must  be  charged  within  24  hours  and  be  brought  within  48  hours  before 
a  magistrate,  who  may  authorize  provisional  detention  lor  varying  renewable  peri- 
ods. 

In  practice  these  provisions  were  rarely  followed  under  the  Mobutu  regime  and 
have  been  violated  by  the  Kabila  regime.  During  the  Mobutu  period,  gendarmes  and 
civil  guards  commonly  detained  civilians  without  any  legal  authority.  The  security 
forces,  especially  those  carrying  out  the  orders  of  any  oificial  who  could  claim  au- 
thority, used  arbitrary  arrest  to  intimidate  outspoken  opponents  and  journalists. 
Charges  were  rarely  filed,  and  the  political  motivation  for  such  detentions  was  often 
obscure.  When  the  authorities  did  press  charges,  the  claims  they  filed  were  some- 
times contrived  or  recitations  of  archaic  colonial  regulations. 


71 

-  Detention  without  charge  has  been  a  frequent  problem  under  the  Kabila  adminis- 
tration. Two  NGO  workers  in  Maniema  were  arrested  by  the  military  forces  in  Au- 
gust and  held  at  a  military  camp.  Soldiers  in  the  camp  allegedly  accused  them  of 
spying  for  the  United  Nations  Commission  of  Inquiry  that  is  examining  allegations 
01  massacres  in  the  eastern  part  of  the  country. 

Several  high  officials  of  the  Mobutu  regime  were  arrested  by  the  Government  in 
June  for  corruption.  The  authorities  failed  to  prosecute  their  cases  according  to  legal 
norms,  detaining  them  for  extended  periods  without  moving  their  cases  through  the 
legal  system. 

Police  reportedly  arrested  up  to  100  demonstrators  following  the  July  25  FAC  in- 
cident. Some  were  released  afler  a  few  hours;  others  were  held  several  days.  Some 
reported  beatings  during  their  detentions.  AH  demonstrators  who  were  arrested 
were  released  without  being  charged.  In  addition  to  these  arrests,  soldiers  report- 
edly entered  the  home  of  PALU  leader  Antoine  Gizenga  and  whipped  a  number  of 
PALU  supporters. 

Government  security  forces  arrested  15  members  of  the  Democratic  Union  for  So- 
cial Progress  (UPDS)  during  a  peaceful  gathering  at  the  UDPS  youth  headquarters 
on  August  15  and  held  them  without  charge,  releasing  them  without  explanation 
on  October  15. 

Approximately  10  students  at  the  University  of  Lubumbashi  were  taiken  into  cus- 
tody by  government  forces  on  August  12  following  confrontations  on  the  campus  be- 
tween students  and  soldiers.  The  students  were  protesting  the  death  of  a  girl  killed 
during  a  dispute  between  elements  of  the  military  and  the  police.  The  students  had 
seized  the  dead  student's  body,  refusing  to  release  it  to  eitner  government  officials 
or  the  student's  family.  The  detainees  remained  in  custody  without  charge  until 
their  release  in  mid-October. 

On  October  28,  the  authorities  detained  F*rofessor  Kalele  Ka  Bila  and  Jean-Fran- 
cois Kabanda,  both  UDPS  supporters,  for  allegedly  distributing  a  document  calling 
on  citizens  to  overthrow  the  Tutsi  invaders."  Later  in  the  year,  additional  charges 
of  inciting  citizens  were  added. 

Roger  Sala  Nzo  Badila,  leader  of  a  local  human  rights  NGO,  was  detained  on  No- 
vember 23  for  having  published  an  unflattering  report  of  the  Kabila  Government's 
human  rights  record  to  that  date.  He  remained  uncharged  and  in  detention  at  year's 
end. 

On  November  24,  Arthur  Z'ahidi  Ngoma  and  three  colleagues  at  the  political 
think  tank  Forces  du  Futur  were  arrested  having  violated  the  ban  on  public  political 
activities. 

On  November  26,  police  arrested  Professor  Nyabirungu,  a  legal  advisor  to  UDPS 
leader  Tshisekedi  and  a  law  professor.  He  remained  in  custody  without  charge  at 
year's  end. 

On  November  26,  px)lice  took  into  custody  Commandant  Masasu,  a  founder  of  the 
ADFL.  Authorities  did  not  place  formal  charges  against  him,  although  President 
Kabila  accused  him  in  a  speech  of  a  series  of  crimes,  including  drug  trafficking  and 
maintaining  private  prisons.  Following  Masasu's  arrest,  there  were  additional  de- 
tentions of  military  and  civilian  personnel  accused  of  plotting  to  overthrow  the  Gov- 
ernment. 

Several  journalists  and  editors  were  arbitrarily  arrested  (see  Section  2.a.). 

Two  of  13  "Katangan  gendarmes"  detained  by  ADFL  authorities  in  Lubumbashi 
on  May  19  were  released. 

At  year's  end,  there  were  1 1  political  detainees. 

The  Transitional  Act  specifically  forbade  exile,  and  neither  government  used  it. 

e.  Denial  of  Fair  Public  Trial. — Despite  provisions  for  independence  provided  in 
the  Transitional  Act,  the  judiciary  under  the  Mobutu  regime  was  not  independent 
of  the  executive  branch,  which  could  and  did  manipulate  it.  The  Supreme  Court  was 
cited  specifically  as  an  independent  institution  in  Kabila's  inaugural  decree.  Decree 
Law  No.  3.  However,  the  Kabila  administration  had  not  established  mechanisms  to 
ensure  the  independence  of  the  judiciary  byyear's  end.  A  judicial  reform  decree  re- 

f)ortedly  is  awaiting  presidential  approval.  The  judiciary  also  is  ineffective  and  suf- 
ers  from  corruption. 

The  judiciary  includes  lower  courts,  appellate  courts,  the  Supreme  Court,  and  the 
Court  of  State  Security.  The  Kabila  CJovemment  announced  the  creation  of  a  new 
military  tribunal  in  August.  The  tribunal  began  functioning  in  October,  taking  up 
the  case  of  a  soldier  who  shot  a  student. 

Civil  and  criminal  codes  are  based  on  Belgian  and  customary  law.  The  Legal  Code 
provides  for  the  right  to  a  speedy  public  trial,  the  presumption  of  innocence,  and 
legal  counsel  at  all  stages  of  proceedings.  Defendants  have  the  right  to  appeal  in 
all  cases  except  those  involving  national  security,  armed  robbery,  and  smuggling,  all 
of  which  are  adjudicated  by  the  Court  of  State  Security.  During  the  Mobutu  period, 


45-909    98-4 


72 

the  law  provided  for  court-appointed  counsel  at  state  expense  in  capital  cases,  in 
all  proceedings  before  the  Supreme  Court,  and  in  other  cases  when  requested  by  the 
court.  Authorities  of  the  Mobutu  regime  ignored  these  protections.  The  Kabila  ad- 
ministration has  not  stated  a  position  on  providing  counsel,  but  has  done  so  at  its 
discretion. 

In  an  effort  to  assert  judicial  independence,  the  Ministers  of  Justice  and  Interior 
in  July  issued  a  notice  to  political,  administrative,  and  military  authorities,  as  well 
as  officials  of  the  Nationallntelligence  Agency  expressing  their  concern  over  reports 
of  arrests  of  ma^strates  and  the  closing  of  certain  jurisdictions  by  political/adminis- 
trative authorities  or  elements  of  the  ADFL.  They  reminded  authorities  that  mag- 
istrates are  allowed  to  conduct  their  activities  without  hindrance,  and  that  if  any 
were  deemed  to  be  abusing  their  authority,  there  were  appropriate  legal  channels 
for  disciplining  them.  It  further  promised  severe  punishment  to  anyone  interfering 
in  the  aoministration  of  justice. 

Adherence  to  established  legal  procedures  varied  considerably  under  the  Mobutu 
regime,  and  fair  public  trials  were  rare.  Corruption  was  pervasive,  particularly 
among  magistrates,  who  were  very  poorly  and  intermittently  paid  and  poorly 
trained.  The  system  remains  hobbled  by  major  shortages  of  personnel,  supplies,  and 
infrastructure.  The  Kabila  Government  acknowledgea  that  the  judiciary  is  dysfunc- 
tional, but  had  not  taken  steps  to  improve  it  by  year's  end. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — 
Mobutu's  security  forces  routinely  ignored  legal  provisions  for  the  inviolaoility  of  the 
home  and  of  private  correspondence.  They  ignored  the  requirement  for  a  search  war- 
rant, entering  and  searching  homes  at  will.  Government  troops  under  the  Kabila  re- 
gime conducted  weapons  searches  in  at  least  five  residential  districts  of  Kinshasa, 
entering  homes  without  warrants.  In  July  soldiers  reportedly  entered  the  home  of 
Palu  leader  Antoine  Gizenga  and  whipped  a  number  of  Palu  supporters  (see  Section 

I.C.). 

In  February  security  forces  reportedly  tortured  to  death  a  woman  who  was  de- 
tained in  place  of  one  of  her  children  (see  Section  l.a.). 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— In  October  1996  a  rebellion  against  the  former  government  nominally  led  be 
the  ethnic  Tutsis  (Banyamulenge)  in  South  Kivu  resulted  in  open  warfare  and  the 
expulsion  of  Hutu  refugees  from  the  immediate  area  of  the  refugee  camps  in  North 
and  South  Kivu,  and  loss  of  life  on  all  sides.  The  rebellion  expanded  in  November 
and  December  1996;  many  observers  concluded  that  the  rebellion,  led  by  the  ADFL, 
was  supported  by  Rwanda  and  Uganda,  and  later  by  Angola.  Numerous  serious  vio- 
lations were  committed  by  both  sides  during  the  rebellion  which  ultimately  led  to 
the  ADFL  takeover.  Mobutu's  government  and  the  former  Zairian  armed  forces 
(FAZ)  reportedly  executed  from  several  dozen  to  100  persons  in  Bukavu  in  the  early 
days  of  the  rebellion,  on  suspicion  of  being  Tutsis.  In  many  cases,  the  victims  were 
stopped  at  impromptu  checkpoints  and  kiUed  on  the  spot  if  soldiers  believed  that 
they  were  Tutsis.  The  former  Zairian  authorities  also  organized  gangs  of  young  men 
to  terrorize  Tutsis  who  remained  in  their  villages.  Rape  and  theft  by  these  soldiers 
or  gangs  also  took  place,  according  to  reports.  Mobutu  soldiers  and  civilians  had  per- 
petrated a  similar  ethnic  cleansing  in  Kinshasa  in  late  1996,  when  they  intimidated 
several  hundred  Tutsis  into  fleeing,  often  after  losing  their  homes  and  all  their  pos- 
sessions. The  persecution  was  often  aimed  at  anyone  whom  they  said  "looked"  Tutsi. 

During  the  course  of  the  military  campaign,  there  were  reports  of  civilian  deaths 
caused  by  members  of  the  FAZ,  who  pillaged  towns,  then  fled  the  ADFL.  Following 
the  ADFL  takeover  of  Kinshasa,  there  were  reports  of  killings  attributed  to  FAZ  ele- 
ments, again  in  the  context  of  attempted  thefts  or  looting. 

In  addition  a  pattern  emerged  in  Bukavu  that  was  then  repeated  in  many  towns 
in  the  east  during  the  ADFL  military  campaign.  With  the  news  that  the  ADFL 
rebels  were  approaching,  the  FAZ  increased  its  customary  abuses  of  local  residents, 
stealing  cars  and  demanding  larger  sums  of  money,  ending  with  a  looting  spree  and 
fli^t  in  advance  of  the  rebels.  During  these  final  lootings,  the  FAZ  often  severely 
beat  civilians  to  force  them  to  reveal  where  they  had  hidden  anything  of  value. 
Some  of  the  worst  abuses  took  place  in  Beni,  north  of  Goma,  where  a  large  group 
of  school  girls  was  raped  by  the  retreating  FAZ.  Throughout  the  FAZ  retreat  across 
the  north,  there  were  reports  that  they  had  kidnaped  and  raped  girls,  as  well  as 
committed  killings,  theft,  and  wanton  destruction  of  civilians'  property. 

According  to  many  reports,  members  of  the  Former  Armed  Forces  of  Rwanda  (Ex- 
FAR)  and  Interahamwe  or  Hutu  militia  among  the  Rwandan  refugee  population  also 
killed  local  residents  and  stole  from  them  as  they  went.  There  were  also  credible 
reports  that  a  local  militia  in  the  Kivus,  the  Mai  Mai,  killed  Hutu  and  Tutsi  refu- 
gees and  local  citizens. 


73 

Rebels  were  accused  of  massacring  segments  of  the  refugee  population,  and  of 
summarily  executing  business  people  who  did  not  comply  witTi  ADFL  directives.  At- 
tacks on  the  refugee  camps  in  1996,  and  during  the  year  on  groups  of  refugees,  flee- 
ing to  the  West  as  ADFL  troops  advanced,  were  not  only  attacks  on  armed  extremist 
Hutu  militia  and  military  groups  (Former  FAR  ana  Interahamwe)  but  also  on 
women,  children,  and  other  noncombatants. 

There  were  armed  Former  FAR  and  Interahamwe  elements  among  most  groups 
of  refugees  throughout  the  conflict.  In  many  cases,  the  Hutu  refugees  were  hostages 
of  armed  Hutu  elements,  who  were  using  them  both  as  human  shields  and  to  ex- 
tract food  and  other  aid  from  international  agencies  and  NGO's.  Hutu  men  found 
dead  in  the  forest  may  in  some  cases  have  been  fighting  against  ADFL  troops.  Other 
battles  took  place  in  which  Hutu  refugees  died  because  they  were  on  the  scene  rath- 
er than  because  they  were  targeted.  Nonetheless,  there  are  many  persistent  and 
credible  reports  of  simple,  straightforward  killings  of  unarmed  persons  by  the  ADFL 
forces  or  Rwandan  troops.  There  are  reports  of  massacres  of  Hutu  refugees  by  the 
rebels,  often  specifically  identified  as  Tutsis,  or  by  Rwandan  government  forces 
throughout  the  campaign  from  the  east  to  Kinshasa,  with  particularly  numerous 
and  detailed  reports  from  the  area  of  the  Kivus,  the  Kisangani  area,  and  Mbandaka. 

Serbian  mercenaries  employed  by  the  Mobutu  regime  reportedly  executed  resi- 
dents of  the  Kisangani  area  at  random  for  not  possessing  correct  identification  docu- 
ments. 

The  U.N.  Special  Rapporteur  on  Human  Rights  for  the  Congo  in  a  July  report  on 
allegations  of  massacres  since  September  1996,  acknowledged  information  on  134  al- 
leged massacres,  most  of  them  attributable  to  the  ADFL  and  the  Banyamulenge.  Re- 
portedly several  thousand  persons  were  killed  in  the  massacres,  including  large 
numbers  of  women  and  children.  Thousands  of  others  probably  died  of  disease  or 
malnutrition. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Statutes  that  predate  Decree-law  No.  3  provide 
for  these  rights,  and  remain  in  effect.  Freedom  of  expression  generally  has  been  ac- 
knowledged by  governing  authorities  as  a  fundamental  civil  right  since  1990,  and 
the  Kabfla  Government  continued  this  recognition.  Incidents  of  harassment,  intimi- 
dation, and  detention  of  journalists  declined  afler  the  change  in  government.  On  oc- 
casion authorities  harassed  and  arrested  journalists,  but  most  continued  to  operate 
under  the  Kabila  Government.  At  year's  end,  incidents  of  press  harassment  began 
to  increase.  Most  publications  rely  on  external  financing  in  order  to  operate.  This 
external  financing  most  often  comes  from  political  parties  and  individual  politicians. 
Thus  publications  tend  to  represent  editorial  points  of  view  rather  than  present 
facts;  many  are  highly  critical  of  the  Government.  Most  publications  have  been  able 
to  operate  without  hindrance,  although  Polydor  Muboyayi,  editor  of  the  newspaper 
Le  Phare,  was  arrested  in  September  for  publishing  an  article  that  claimed  that 
Kabila  was  creating  his  own  elite,  ethnically  based  presidential  guard,  in  the  man- 
ner of  Mobutu.  He  was  released  on  November  18.  Modeste  Mutinga,  editor  of  Le 
Potential,  was  detained  for  several  hours  by  the  authorities  for  attempting  to  ar- 
range protest  activities  to  demand  Muboyayi's  release.  Michel  Ladi  Luya  of  Le 
Palmares  was  detained  for  5  days  at  the  end  of  September  on  unknown  charges. 
Publishers  must  continue  to  deposit  copies  with  the  Information  Ministry. 

The  principal  means  of  communication  with  the  public  are  radio  and,  in  major 
urban  areas,  television.  Although  radio  and  television  remain  under  government 
control,  private  stations  are  able  to  operate.  Opposition  parties  were  unable  to  gain 
access  to  official  electronic  media  under  both  MoDutu  ana  Kabila. 

Government  radio  or  television  do  not  exercise  editorial  independence.  Under  the 
Kabila  Government,  there  have  been  expulsions  of  independent  journalists  from 
public  media  on  grounds  of  being  Mobutuist,  regional  radio  stations  being  required 
to  broadcast  government  news,  and  takeover  of^private  radio  stations  in  Kivu  and 
Maniema. 

Academic  freedom  was  restricted  under  Mobutu;  under  Kabila  academic  freedom 
is  apparently  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — There  is  no  legal  protection  for 
freedom  of  assembly.  The  right  to  assemble  and  associate  was  recognized  by  the 
Mobutu  government,  and  to  a  lesser  degree  by  the  Kabila  Government,  as  the  full 
exercise  of  the  right  of  assembly  is  subordinate  to  the  maintenance  of  "public  order." 
Both  the  Mobutu  and  Kabila  Governments  required  all  organizers  to  apply  for  per- 
mits, which  are  granted  or  rejected  at  the  Government's  oiscretion.  Large  scale  ac- 
tivities are  generally  dispersed  by  government  security  services.  Government  at- 
tempts to  disperse  party  meetings  have  resulted  in  deaths  and  detentions  (see  Sec- 
tions l.a.  and  l.d.).  These  violent  reactions  to  demonstrations  by  the  Kabila  Govern- 


74 

ment  were  in  part  due  to  overreactions  by  FAC  troops  inexperienced  in  crowd  con- 
trol rather  than  specific  intent  by  the  Government  to  inflict  harm.  No  action  was 
taken  to  punish  those  soldiers  who  overreacted. 

The  law  provides  no  protection  for  freedom  of  association.  Effective  from  1990, 
citizens  were  free  to  join  or  refrain  from  participating  in  any  political  party.  Political 
parties  were  required  to  register  with  the  Minister  of  Interior  under  the  Mobutu 
government.  Upon  assuming  power,  Kabila  suspended  political  party  activities,  but 
not  the  parties  themselves.  Kabila  included  individuals  from  parties  outside  the 
ADFL  in  his  Government,  who  serve  in  their  individual  capacities  (see  Section  3). 
Political  party  offices  remain  open  and  parties  continue  to  function.  Public  political 

featherings  are  effectively  prevented  by  the  Government,  although  opposition  party 
eaders  remain  able  to  conduct  small,  private  meetings.  The  effect  oi  the  party  sus- 
pensions varies  widely  throughout  the  country,  but  is  not  strictly  enforced  in  some 
provinces. 

In  theory  anyone  wishing  to  form  a  new  political  party  would  be  able  to  do  so 
by  registering  with  the  Minister  of  Interior.  No  one  has  yet  tried  to  do  so.  The  Gov- 
ernment requires  that  NGO's  register  with  the  Minister  of  Justice.  Those  already 
in  existence  before  the  ADFL  took  power  were  not  required  to  reregister  with  the 
new  government. 

c.  Freedom  of  Religion. — Freedom  of  religion  is  recognized,  although  the  process 
for  official  recognition  of  religious  groups  is  restricted  by  law.  Both  the  Mobutu  and 
Kabila  Governments  respected  freedom  of  religion  in  practice,  with  the  reservation 
that  the  expression  of  tnis  right  neither  disturb  public  order  nor  contradict  com- 
monly held  morals.  There  is  no  legally  established  or  favored  church  or  religion.  Se- 
curity forces  detained  Pastor  Ngoy  Ilunga  for  4  days  for  criticizing  President  Kabila 
and  his  Government  during  a  sermon  in  his  church.  Ngoy  was  again  taken  into  de- 
tention on  December  16;  at  year's  end,  he  remained  in  detention  without  charge. 

A  1971  law  regulating  religious  organizations  grants  civil  servants  the  power  to 
establish  and  dissolve  religious  groups.  Although  this  law  restricts  the  process  for 
official  recognition,  officially  recognized  religions  are  free  to  establish  places  of  wor- 
ship and  to  train  clergy. 

Many  recognized  churches  have  external  ties,  and  foreigners  are  allowed  to  pros- 
elytize. Both  the  Mobutu  and  Kabila  governments  generally  did  not  interfere  with 
foreign  missionaries.  There  has  been  no  known  persecution  of  Jehovah's  Witnesses 
or  any  other  groups  for  practicing  their  faith  in  recent  years. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Under  the  Mobutu  government,  the  Transitional  Act  allowed  for  free- 
dom of  movement;  however,  the  Mobutu  government,  and  in  particular  the  security 
forces  acting  independently,  often  restricted  this  freedom.  A  common  extortion 
scheme  involved  stopping  travelers  and  demanding  to  see  identity  cards,  which  have 
not  been  issued  since  1987.  Travel  is  generally  easier  under  the  Kabila  administra- 
tion due  to  government  efforts  to  combat  corrupt  practices. 

The  threat  of  rape,  sometimes  perpetrated  by  uniformed  persons,  restricts  free- 
dom of  movement  at  night  for  women  in  many  neighborhoods.  Groups  of  citizens  im- 
plemented neighborhood  watch  programs,  but  women  in  many  parts  of  Kinshasa 
and  Lubumbasni  do  not  leave  their  homes  at  night. 

The  new  Government  has  continued  to  provide  first  asylum.  Tens  of  thousands 
of  refugees  were  accepted  into  the  country  following  the  outbreak  of  civil  war  in  the 
neighboring  Republic  of  Congo  during  June.  Refugees  from  Uganda  and  Angola  con- 
tinue to  live  peacefully  as  well,  and  the  Government  cooperates  with  the  UTN.  High 
Commissioner  for  Refugees  (UNHCR)  and  other  international  agencies.  The  Govern- 
ment stated  that  in  view  of  the  situation  in  Burundi  at  year's  end,  Burundian  Hutu 
refugees  would  be  allowed  to  remain  in  the  country. 

The  new  Government's  record  on  refugees  since  taking  power  was  greatly  marred 
by  the  forced  return  over  800  Rwandan  and  Burundian  refugees  from  the  refugee 
center  in  Kisangani  to  Rwanda  in  September.  Although  the  Burundians  apparently 
were  not  targeted  for  forcible  return  to  a  country  where  they  feared  persecution, 
they  apparently  were  mixed  with  refugees  from  Rwanda  in  the  camp  ana  were  gath- 
ered with  them.  The  UNHCR  believed  that  it  was  likely  that  the  camp  contained 
Rwandans  not  entitled  to  refugee  status,  as  well  as  some  who  were  but  had  not  yet 
been  screened.  The  UNHCR  had  not  initiated  discussions  with  the  Government  over 
screening  of  the  refugees.  Government  spokesmen  claimed  that  the  repatriation 
was,  in  most  cases,  voluntary.  It  also  claimed  that  some  persons  in  the  center  had 
intimidated  center  residents  and  prevented  voluntary  repatriation  by  those  who 
were  genuine  refugees. 

On  October  3,  the  Government  closed  the  border  with  Rwanda,  preventing  the  ar- 
rival of  an  infiux  of  Rwandan  Hutus  fieeing  antiinsurgency  operations  in  western 
Rwanda.  It  also  claimed  that  it  had  expelled  4,000  newly  arrived  Rwandan  Hutus. 


75 

The  country  is  a  signatory  to  the  1951  U.N.  Convention,  its  1967  Protocol  related 
to  the  Treatment  of  Refugees,  and  the  1969  Organization  of  African  Unity  refugee 
convention. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  right  or  the  ability  to  change  their  government  peace- 
fully. Citizens  have  not  been  able  to  change  their  government  through  free  elections 
since  independence  in  1960.  After  7  years  of  unsuccessful  "transition,"  from  authori- 
tarian rule  by  former  president  Mobutu  to  democratic  governance,  the  ADFL  take- 
over was  welcomed  by  many  citizens. 

In  his  inaugural  address,  President  Kabila  promised  a  constitution  and  elections 
by  1999.  After  several  months  of  delay,  in  October  the  Government  completed  the 
first  series  of  steps  in  the  Government's  announced  election  calendar,  including  the 
creation  of  a  Constitutional  Commission.  The  Commission  is  scheduled  to  produce 
a  draft  constitution  by  March  1998. 

In  forming  its  government,  the  ADFL  chose  a  relatively  diverse  group  of  ministers 
and  other  functionaries,  drawn  from  different  ethnic  groups,  geographic  regions,  and 
political  parties.  Those  drawn  from  outside  the  ADFL  are  required  by  opposition 
parties  to  serve  as  individuals  and  not  as  party  representatives.  During  the  military 
campaign  through  the  Congolese  countryside,  the  ADFL  held  quasi-electoral  selec- 
tions— by  acclamation — of  provincial  leadership  (governor,  vice-governor,  mayor)  in 
most  provinces,  wher«  candidates,  some  drawn  from  outside  the  ADFL,  were  ap- 
provea  in  public  meetings  of  the  local  population. 

There  are  no  official  restrictions  on  tne  participation  of  women  or  minorities  in 
politics.  However,  in  practice  there  are  few  women  or  Muslims  in  senior  positions 
m  the  Government  or  in  political  parties.  There  was  one  female  ambassador  with 
cabinet  rank  in  Kabila's  Government  and  two  female  vice  ministers  in  the  23-person 
Cabinet  at  year's  end. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  effective  human  rights  organizations  have  been  able  to  operate  under 
both  the  Mobutu  and  Kabila  governments.  NGO  activities  were  initially  restricted 
in  areas  occupied  by  the  ADFL,  but  these  restrictions  were  gradually  relaxed.  Local 
human  rights  NGO's  investigate  and  publish  their  findings  on  human  rights  cases. 
These  activities  have  taken_place  largely  without  government  restriction. 

In  April  U.N.  High  Commissioner  for  Human  Rights  (UNHCHR)Special 
Rapporteur  Roberto  Garreton  issued  a  report  on  the  human  rights  situation  in  then- 
Zaire,  including  a  finding  that  there  were  credible  reports  oi  atrocities  committed 
by  ADFL  forces  against  Rwandan  Hutu  refugees.  The  ADFL  denied  Garreton's  alle- 
gations and  refused  to  allow  a  follow-up  mission  from  the  UNHCHR  to  visit  areas 
under  ADFL  controL  After  taking  power,  Kabila  ultimately  accepted  a  second  inves- 
tigative team  named  by  the  U.N.  Secretary  General.  After  the  team's  arrival,  the 
Government  denied  the  team  its  first  choice  for  deployment,  and  accused  the  team 
of  violating  the  terms  of  its  investigation.  After  recall  of  the  team  leaders  by  the 
Secretary  General  to  New  York  in  October,  a  new  agreement  for  field  investigation 
was  reached  and  the  leaders  returned  in  November.  The  team  deployed  to 
Mbandaka  in  December,  withdrawing  to  the  capital  for  security  reasons  wnen  faced 
with  protests  against  the  team.  At  year's  end,  the  team  was  working  toward  rede- 
ployment. The  Oftice  of  the  U.N.  High  Commissioner  for  Human  Rights  conducted 
discussions  with  the  Ministry  of  Justice  on  creating  a  formal  liaison  mechanism, 
particularly  regarding  administration  of  justice  and  human  rights  education. 

The  (government  has  responded  to  some  human  rights  reports  with  stem  edi- 
torials in  newspapers  and  on  radio  and  television,  sometimes  denying  allegations  of 
abuses,  and  labeling  them  "lies."  Some  human  rights  groups  have  complained  of 
harassment  after  their  issuance  of  unfiattering  reports.  However,  the  majority  of  or- 
ganizations continue  their  activities  without  interference,  and  several  critical  docu- 
ments have  circulated  without  government  intervention. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Previous  constitutions  forbade  discrimination  based  on  ethnicity,  sex,  or  religious 
affiliation,  but  the  Government  made  little  headway  in  advancing  these  provisions. 
Societal  discrimination  remains  an  obstacle  to  the  advancement  of  certain  groups, 
particularly  women,  Muslims,  and  the  Pygmy  (Batwa)  ethnic  group. 

Women. — Domestic  violence  against  women,  including  rape,  is  believed  to  be  com- 
mon, but  there  are  no  known  government  or  NGO  statistics  on  the  extent  of  this 
violence.  Rape  is  a  crime,  but  the  press  rarely  reported  incidents  of  violence  against 


76 

women  or  chUdren.  Press  reports  of  rape  generally  appear  only  if  rape  is  a  con- 
sequence of  some  other  crime,  rarely  because  of  the  act  of  rape  itself.  The  police 
rarely  intervene  in  domestic  disputes. 

Women  are  relegated  to  a  secondary  role  in  society.  They  comprise  the  majority 
of  primary  agricultural  laborers,  and  small-scale  traders  and  are  almost  exclusively 
responsible  for  child  rearing.  In  the  nontraditional  sector,  women  commonly  receive 
less  pay  for  comparable  work.  Only  rarely  do  they  occupy  positions  of  authority  or 
high  responsibility.  Women  also  tend  to  receive  less  education  than  men. 

Women  are  required  by  law  to  obtain  their  spouse's  permission  before  engaging 
in  routine  legal  transactions,  such  as  selling  or  renting  real  estate,  opening  a  bank 
account,  accepting  employment,  or  applying  for  a  passport.  A  1987  revision  of  the 
Family  Code  permits  a  widow  to  inherit  her  husband's  property,  to  control  her  own 
property,  and  to  receive  a  property  settlement  in  the  event  of  divorce.  In  practice, 
sometimes  consistent  with  customary  law,  women  are  denied  these  rights.  Widows 
are  commonly  stripped  of  all  possessions — as  well  as  their  dependent  children — by 
the  deceased  husband's  family.  Human  rights  groups  and  church  organizations  are 
working  to  combat  this  custom,  but  there  is  generally  no  government  intervention 
or  legal  recourse.  Women  also  are  denied  custody  of  their  children  in  divorce  cases, 
but  tney  retain  the  right  to  visit  them.  Polygyny  is  practiced  although  it  is  illegal. 
Children  of  polygynous  unions  are  legally  recognized,  but  only  the  first  wife  is  le- 
gally recognized  as  a  spouse. 

Children. — Government  spending  on  children's  programs  is  nearly  nonexistent. 
Primary  school  education  is  not  compulsory,  free,  or  universal.  In  public  schools, 
parents  are  formally  required  to  pay  a  small  fee,  but  the  education  system  deterio- 
rated so  badly  under  the  Mobutu  regime  that  parents  are  often  informally  expected 
to  pay  teachers'  salaries.  Dire  economic  circumstances  often  hamper  parents'  ability 
to  cover  these  added  expenses,  meaning  that  children  may  not  be  able  to  attend 
school.  Most  schools  function  only  in  areas  where  parents  have  formed  cooperatives. 

There  are  no  documented  cases  in  which  security  forces  or  others  targeted  chil- 
dren for  specific  abuse,  although  children  suffer  from  the  same  conditions  of  gener- 
alized social  disorder  and  widespread  disregard  for  human  rights  that  affect  society 
as  a  whole.  These  conditions  sometimes  render  parents  unable  to  meet  their  chil- 
dren's basic  human  needs. 

Some  children  as  young  as  10  years  of  age  were  allowed  to  enlist  as  soldiers  in 
the  Kabila  military  forces.  There  have  been  no  reports  of  forced  conscription  of  chil- 
dren. The  Government  has  not  taken  comprehensive  measures  to  remove  all  child 
soldiers  from  its  armed  forces.  Government  demobilization  of  some  child  soldiers  in 
Bukava  took  place  in  December  with  assistance  from  the  U.N.  Children's  Fund 
(UNICEF).  The  number  of  very  young  soldiers  appears  to  have  declined  as  military 
training  programs  produced  new  adult  recruits.  However,  child  soldiers  remain  a 
very  significant  presence. 

Female  genital  mutilation,  which  is  widely  condemned  by  international  health  ex- 
perts as  damaging  to  both  physical  and  psychological  health,  is  not  widespread,  but 
it  is  practiced  on  young  girls  among  isolated  groups  in  the  north.  Legislation  prohib- 
iting the  practice  was  not  enforced  by  the  Mobutu  government.  The  Kabila  Govern- 
ment has  not  addressed  the  problem. 

People  With  Disabilities. — The  law  does  not  mandate  accessibility  to  buildings  or 
government  services  for  the  disabled.  There  are  some  special  schools,  many  with 
missionary  staff,  that  use  private  funds  and  limited  public  support  to  provide  edu- 
cation and  vocational  training  to  blind  and  physically  disabled  students. 

Indigenous  People. — Societal  discrimination  continued  against  the  Pygmy  (Batwa) 
population  of  less  than  10,000.  Although  citizens.  Pygmies  living  in  remote  areas 
took  no  part  in  the  political  process. 

National / Racial / Ethnic  Minorities. — The  last  official  census  was  taken  in  1984. 
It  is  estimated  that  the  population  is  now  45  to  50  million,  and  comprises  more  than 
200  separate  ethnic  groups.  Four  indigenous  languages  have  national  status.  French 
is  the  language  of  government,  commerce,  and  education.  Members  of  former  presi- 
dent Mobutu  s  Ngbandi  ethnic  group  were  disproportionately  represented  at  the 
highest  levels  of  the  military  and  intelligence  services.  In  the  final  months  of  the 
Mobutu  regime,  ethnic  Tutsis  were  subjected  to  harassment  and  abuse  throughout 
the  country  by  government  security  forces  and  by  some  citizens  for  perceived  Tutsi 
disloyalty  in  the  face  of  growing  rebellion.  There  were  accusations  that  President 
Kabila  used  disproportionate  numbers  of  Tutsis  and  Katangans  in  his  Government, 
but  the  distribution  of  ministerial  and  senior  military  positions  did  not  appear  to 
reflect  such  favoritism.  The  Government  has  representatives  from  all  regions  and 
major  tribal  groups. 


77 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Legislation  in  effect  from  the  Mobutu  period  permits 
all  workers  except  magistrates  and  military  personnel  to  form  and  join  trade  unions. 

Before  1990  the  law  required  all  trade  unions  to  affiliate  with  the  National  Union 
of  Zairian  Woricers  (UNTZA),  the  sole  recognized  labor  confederation  and  which  also 
formed  part  of  Mobutu's  Popular  Movement  of  the  Revolution  (MPR)  party.  When 

Rolitical  pluralism  was  permitted  in  April  1990,  UNTZA  disaffiliated  itself  from  the 
[PR  ana  reorganized  under  new  leadership  chosen  through  elections  deemed  fair 
by  outside  observers.  After  the  ADFL  takeover,  the  union  renamed  itself  the  Na- 
tional Union  of  Congolese  (UNTC).  Although  the  UNTC  remains  the  largest  labor 
federation,  almost  100  other  independent  unions  are  now  registered  with  the  Labor 
Ministry  and  two  other  large  federations  are  active.  Some  of  these  are  affiliated 
with  political  parties  or  associated  with  a  single  industry  or  geographic  area. 

The  law  recognizes  the  right  to  strike.  However,  legal  strikes  rarely  occur  since 
the  law  requires  prior  resort  to  lengthy  mandatory  arbitration  and  appeal  proce- 
dures. Labor  unions  have  not  been  able  to  defend  effectively  the  rights  of  workers 
in  the  deteriorating  economic  environment.  Illegal  general,  sector,  and  other  strikes, 
often  called  by  political  parties  and  not  necessarily  organized  by  unions,  occurred 
under  the  Mobutu  government.  Such  illegal  strike  tactics  have  not  been  used  under 
the  Kabila  (jovemment.  The  law  prohibits  employers  or  the  Government  from  re- 
taliating against  strikers,  but  it  is  rarely  enforced. 

Unions  may  affiliate  with  international  bodies.  The  UNTC  participates  in  the  Or- 
ganization of  African  Trade  Union  Unity,  and  the  Central  Union  of  Congo  is  affili- 
ated with  the  World  Confederation  of  Labor. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Mobutu  period  law  pro- 
vides for  the  right  to  bargain  collectively,  and  an  agreement  between  the  UNTC  and 
the  Employers  Association  provided  for  wages  and  prices  to  be  jointly  negotiated 
each  year  under  minimal  government  supervision.  This  system,  which  functioned 
until  1991,  broke  down  as  a  result  of  the  rapid  depreciation  of  the  currency.  The 
professional  unions  and  the  Congolese  Business  Federation  signed  a  cooperative 
agreement  in  September.  While  collective  bargaining  still  exists  in  theory,  continu- 
ing inflation  encouraged  a  return  to  pay  rates  individually  arranged  between  em- 
ployers and  employees. 

The  collapse  of  the  formal  economy  has  also  resulted  in  a  decline  in  the  influence 
of  unions,  a  tendency  to  ignore  existing  labor  regulations,  and  a  buyer's  market  for 
labor.  The  Labor  Code  prohibits  antiunion  discrimination,  although  this  regulation 
was  not  strongly  enforced  by  the  Ministry  of  Labor  under  Mobutu.  The  law  also  re- 
auires  employers  to  reinstate  workers  fired  for  union  activities.  In  the  public  sector, 
tne  Government  sets  wages  by  decree;  public  sector  unions  act  only  in  an  informal 
advisory  capacity. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 

f)ulsory  labor,  and  it  is  not  known  to  occur.  The  law  does  not  specifically  prohibit 
breed  and  bonded  labor  by  children,  but  such  practices  are  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  legal 
minimum  age  for  employment  is  18  years.  Employers  may  legally  hire  minors  be- 
tween the  ages  of  14  and  18  with  the  consent  of  a  parent  or  guardian,  but  those 
under  age  16  may  work  a  maximum  of  4  hours  per  aay;  those  between  the  ages  of 
16  and  18  may  work  up  to  8  hours.  The  law  prohibiting  forced  or  compulsory  labor 
does  not  specifically  mention  children,  but  forced  and  bonded  labor  by  children  are 
not  known  to  occur  (see  Section  6.C.).  Employment  of  children  of  all  ages  is  common 
in  the  informal  sector  and  in  subsistence  agriculture,  which  form  the  dominant  por- 
tions of  the  economy.  Such  employment  is  often  the  only  way  a  child  or  family  can 
obtain  money  for  food.  Neither  the  Ministry  of  Labor,  which  is  responsible  for  en- 
forcement, nor  the  labor  unions  make  an  efibrt  to  enforce  child  labor  laws.  Larger 
enterprises  do  not  commonly  exploit  child  labor.  The  availability  of  education  for 
children  is  extremely  limited  in  practice  (see  Section  5). 

e.  Acceptable  Conditions  of  Work. — Most  citizens  are  engaged  in  subsistence  agri- 
culture or  commerce  outside"  the  formal  wage  sector.  The  minimum  wage,  last  ad- 
justed by  government  decree  in  1990,  was  subseouently  rendered  irrelevant  due  to 
rapid  inflation.  Most  workers  rely  on  the  extended  family  and  informal  economic  ac- 
tivity to  survive.  The  maximum  legal  workweek  (excluding  voluntary  overtime)  is 
48  hours.  One  24-hour  rest  period  is  Required  every  7  days. 

The  Labor  Code  specifies  health  and  safety  standards.  The  Ministry  of  Labor  is 
officially  charged  with  enforcing  these  standards,  but  its  efforts  to  do  so  remain  in- 
sufficient. There  are  no  provisions  in  the  Labor  Code  permitting  workers  to  remove 
themselves  from  dangerous  work  situations  without  penalty. 


78 
REPUBLIC  OF  CONGO 

The  Republic  of  Congo's  transition  to  democratic  government  ended  in  October, 
when  the  country's  first  democratically  elected  president,  Pascal  Lissouba  was 
ousted  by  the  former  (1979-91)  military  strongman  and  president  Denis  Sassou- 
Nguesso.  Lissouba  was  elected  in  1992  after  28  years  of  one-party  rule,  and  elec- 
tions for  a  multiparty  legislature  were  held  in  1993.  However,  on  June  5  violent 
clashes  broke  out  when  government  troops  surrounded  Sassou-Nguesso's  Brazzaville 
home,  in  what  appeared  to  be  an  attempt  to  eliminate  his  political  faction.  The  Gov- 
ernment claimed  that  the  action  was  a  police  operation  aimed  at  arresting  criminal 
suspects.  The  violence  evolved  into  a  civil  war  in  the  capital.  There  were  also  clash- 
es in  the  north,  including  the  cities  of  Impfondo,  Ouesso,  Owando,  and,  briefly  at 
the  end  of  the  war,  in  Pointe  Noire.  The  fighting  resulted  in  the  postponement  of 
the  presidential  elections  scheduled  for  July  and  August.  The  newly  established 
Constitutional  Council  decreed  that  President  Lissouba  should  remain  in  office  be- 
yond the  expiration  of  his  term  and  until  elections  could  be  held,  but  Sassou- 
Nguesso  rejected  the  extension  of  Lissouba's  term.  In  October  Sassou-Nguesso  forces 
defeated  government  and  militia  troops  loyal  to  President  Lissouba,  and  established 
a  new  Government.  Shortly  thereafter,  the  Sassou  Government  suspended  the  con- 
stitution. Several  hundred  Angolan  troops  intervened  to  assist  Sassou-Nguesso 
forces  in  Brazzaville;  more  Angolan  troops  entered  the  country  from  the  south  and 
occupied  the  port  city  of  Pointe  Noire.  Angolan  troops  also  participated  in  operations 
in  the  south,  between  Pointe  Noire  and  Brazzaville.  Sassou-Nguesso  announced  the 
formation  of  a  Government  with  33  members,  with  Sassou  as  President  and  Defense 
Minister.  There  is  no  Prime  Minister.  The  judiciary  is  overburdened,  underfinanced, 
and  at  times  subject  to  corruption  and  government  interference. 

The  distinction  between  the  functions  of  the  police  and  the  military  forces  is  not 
clearly  drawn.  The  national  police  and  gendarmerie  have  primary  responsibility  for 
internal  security.  The  army  and  border  guard  are  responsible  for  external  security 
and  some  domestic  security  matters.  In  addition  each  of  the  major  political  leaders 
had  a  private  militia.  During  the  fighting  in  Brazzaville,  there  was  no  civilian  con- 
trol of  these  militias.  Under  other  circumstances,  civilian  authorities  generally 
maintained  effective  control  of  the  security  forces.  However,  some  members  of  the 
security  forces  committed  human  rights  abuses  even  before  the  outbreak  of  civil 
war.  During  and  after  the  fitting,  the  regular  military  forces,  and  especially  the 
militias,  were  responsible  for  many  human  rights  abuses. 

In  the  first  half  of  the  year,  the  Government  continued  to  make  modest  progress 
in  economic  liberalization  and  privatization.  The  economy  is  heavily  dependent  on 
revenues  from  petroleum  exports  and  on  external  assistance.  Per  capita  Gross  Do- 
mestic Product  was  estimated  at  $600  per  year  for  1996.  Economic  activity  in  the 
capital,  however,  was  severely  disruptea  by  the  fighting.  The  civil  war  did  not  sig- 
nificantly affect  the  oil  industry,  which  op)erates  oflshore. 

Prior  to  the  outbreak  of  the  civil  war,  the  Government's  human  rights  record  was 
uneven,  with  improvements  in  some  areas  but  deterioration  in  others.  Security 
forces  committed  Killings  and  continued  to  use  severe  beatings  and  abuse  to  extract 
confessions  and  as  punishment.  Security  forces  arbitrarily  arrested  and  detained 
persons.  During  the  fighting,  government  forces  killed  individuals  because  of  their 
ethnicity  and  also  beat  and  detained  individuals  for  that  reason.  Government  troops 
also  persecuted  foreigners.  Prison  conditions  remain  life  threatening.  Lengthy  pre- 
trial detention  is  a  problem.  The  judiciary  is  overburdened,  lacks  resources,  suflers 
from  corruption,  ana  is  subject  to  political  infiuence.  Societal  discrimination  and  vio- 
lence against  women  are  serious  problems.  Minority  Pygmies  face  severe  discrimina- 
tion and  exploitation.  Citizens  sometimes  resort  to  vigilante  justice,  killing  those 
presumed  to  be  thieves  and  "sorcerers." 

Once  the  civil  war  began,  government  soldiers  and  the  militias  that  supported 
them,  as  well  as  the  opposition  militias  against  which  they  fought,  engaged  in  wide- 
spread extortion  and  harassment  of  civilians.  Opposition  militias  killed,  beat,  and 
detained  persons  because  of  their  ethnicity.  Both  sides,  particularly  the  Govern- 
ment, targeted  densely  populated  areas  with  heavy  shells  and  rockets.  Soldiers  and 
militias  engaged  in  heavy  looting  throughout  the  capital,  causing  great  property 
damage.  As  a  result  of  the  violence,  thousands  of  persons,  most  of  tnem  civilians, 
were  killed  in  Brazzaville,  and  hundreds  of  thousands  were  displaced. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  many  confirmed  killings 
by  police  during  the  year.  At  one  point,  the  Brazzaville  morgue  held  15  bodies  of 


79 

alleged  criminals  killed  by  police  afler  the  Minister  of  Security  announced  a  crack- 
down on  crime.  Several  of  those  killed  had  allegedly  attempted  to  escape  following 
their  arrests.  Police  used  excessive  force  and  endangered  the  lives  of  bystanders  in 
shooting  a  street  merchant  who  sought  to  evade  arrest  or  extortion  by  police  in  front 
of  a  diplomatic  mission;  the  merchant  later  died.  In  February  near  the  city  of 
Ouesso,  police  used  excessive  force  when  they  shot  and  killed  a  British  citizen. 
There  were  reports  of  political  and  ethnic  killings  by  government  forces  during  the 
fighting  in  Brazzaville;  exact  figures  are  unavailable.  Some  prisoners  probably  died 
as  result  of  harsh  conditions  in  prison  facilities  (see  Section  I.e.). 

Both  Lissouba  and  Sassou  militias  killed  persons  for  political  reasons  during  the 
fighting,  as  well  as  because  of  their  ethnicity.  Afler  the  war,  the  victorious  Sassou 
Government's  militias  continued  to  apprehend  and  kill  many  of  its  political  oppo- 
nents. The  militia  also  killed  suspected  criminals  and  persons  attempting  to  prevent 
looting  by  militia  members. 

During  the  fighting,  troops  from  both  sides  illegally  entered,  searched,  and  looted 
homes,  in  some  cases  killing  the  residents,  in  other  cases  causing  them  to  fiee  (see 
Section  l.f.). 

Civilians  continued  to  take  vigilante  action  against  presumed  thieves  and  "sorcer- 
ers," sometimes  beating  them  to  death.  The  perpetrators  are  generally  not  pros- 
ecuted. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances 
before  the  outbreak  of  fighting.  Afler  the  fighting,  there  were  reports  that  militias 
of  both  sides  were  responsible  for  politically  and  ethnically  motivated  disappear- 
ances. 

c.  Torture  and  Other  Cruel,  Inhuman  or  Degrading  Treatment  or  Punishment. — 
The  suspended  constitution  prohibited  the  use  of  torture  and  cruel,  inhuman,  or  de- 
grading treatment.  In  practice  some  security  force  members  routinely  beat  detainees 
both  to  extract  confessions  and  as  punishment.  Security  force  members  generally 
acted  with  impunity.  They  intimidated  and  beat  refugees  in  the  Brazzaville  area 
(see  Section  2.d.).  During  the  fighting  in  the  capital,  security  forces  beat  citizens  be- 
cause of  their  ethnicity. 

Opposition  militia  also  beat  persons  because  of  their  ethnicity. 

Prison  conditions  are  dire  and  life  threatening.  The  death  rate  and  the  incidence 
of  disease  and  malnutrition  are  considerably  higher  than  among  the  general  popu- 
lation, and  are  probably  attributable  to  the  poor  prison  conditions.  Buildings  are  di- 
lapidated and  reportedly  severely  overcrowded.  Medical  care  is  poor  to  nonexistent. 
Prisoners  depend  upon  family  members  to  supplement  inadequate  prison  meals,  and 
are  sometimes  allowed  to  forage  for  food  in  areas  near  the  prison.  Rape  and  sexual 
abuse  of  women  and  children  by  prison  guards  are  infrequent.  Political  or  special 
security  prisoners  are  held  separately  from  the  general  prison  population.  However, 
their  living  conditions  do  not  differ  significantly. 

Human  rights  groups  sometimes  encounter  difficulty  in  gaining  access  to  prisons. 

There  was  no  progress  in  the  prison  improvement  program. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  susf)ended  constitution  prohibited 
arbitrary  arrest  and  detention;  however,  security  forces  continued  to  arrest  and  de- 
tain persons  arbitrarily.  The  Code  of  Penal  Procedure  requires  that  an  individual 
be  apprehended  openly  and  that  a  lawyer  be  present  during  initial  questioning.  The 
Code  further  stipulates  that  warrants  be  issued  before  arrests  are  made  and  that 
detainees  be  brought  before  a  judge  within  3  days  and  either  charged  or  released 
within  4  months.  In  practice  the  Government  oflen  violates  these  legal  procedures. 

Detainees  are  usually  informed  of  the  charges  levied  against  them;  however, 
many  wait  in  prison  for  several  months  before  being  brought  before  a  judge.  There 
are  examples  of  detainees  languishing  in  jail  for  years  because  of  lost  files  and  bu- 
reaucratic inertia.  Lawyers  and  families  generally  have  free  access  to  detainees.  Al- 
though the  law  provides  a  system  of  bail,  the  average  detainee  lacks  the  financial 
means  to  meet  bail.  Over  half  of  all  persons  in  custody  are  pretrial  detainees.  The 
Government  oflen  does  not  respect  laws  that  provide  for  legal  counsel  for  the  indi- 
gent. 

During  the  fighting  in  the  capital,  militias  on  both  sides  detained  many  persons 
because  of  their  ethnicity,  and  held  them  in  deplorable  conditions. 

The  suspended  constitution  prohibited  forced  exile,  and  the  Government  does  not 
use  it. 

e.  Denial  of  Fair  Public  Trial. — The  suspended  constitution  provided  for  an  inde- 
pendent judiciary.  However,  the  judiciary,  not  operational  at  the  end  of  the  war,  was 
overburdened,  underfinanced,  and  at  times  subject  to  corruption  and  political  influ- 
ence. 


80 

The  judicial  system  consists  of  local  courts,  courts  of  appeal,  the  Supreme  Court, 
and  traditional  courts.  After  his  military  victory,  Sassou  replaced  all  the  members 
of  the  Supreme  Court  with  judges  unilaterally  appointed  by  him. 

In  general  defendants  are  tried  in  a  public  court  of  law  presided  over  by  a  state- 
appointed  magistrate.  The  defense  has  access  to  and  the  right  to  counter  prosecu- 
tion evidence  and  testimony.  In  formal  courts,  defendants  are  presumed  innocent 
and  have  the  right  of  appeal.  The  judiciary  is  overburdened  with  a  caseload  that 
far  exceeds  its  capacity  to  ensure  fair  and  timely  public  trials.  Some  cases  never 
reach  the  court  system,  however.  Judges  are  oiien  inadequately  trained,  and  the  ju- 
dicial system  suffers  from  inadequate  budgets  and  corruption.  It  remains  common 
practice  for  citizens  to  beat  thieves  caught  in  the  act,  sometimes  to  death  (see  Sec- 
tion l.a.).  In  rural  areas,  traditional  courts  continue  to  handle  many  local  disputes, 
especially  property  and  probate  cases.  Many  domestic  disputes  are  adjudicated 
under  traditional  law  and  within  the  extended  family. 

The  Supreme  Court  overturned  the  prison  sentences  of  Colonel  Bouissa  Matoko 
and  Professor  Gabriel  Longombe  during  the  year  and  released  them. 

The  Government  released  Otto  Mbongo,  who  was  arrested  for  debts  in  connection 
with  a  bankrupt  bank  and  allowed  him  to  travel  abroad  for  medical  care.  He  has 
not  returned,  although  the  charges  remain  in  force. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
suspended  constitution  provided  for  the  privacy  of  homes  as  well  as  correspondence 
and  telecommunications.  Official  searches  of  private  properties  and  communications 
require  a  warrant,  although  that  requirement  is  sometimes  breached.  There  is  gov- 
ernment surveillance  of  some  telephone  lines. 

During  the  fighting,  troops  from  both  sides  illegally  entered,  searched,  and  looted 
homes,  in  some  cases  killing  the  residents,  in  other  cases  causing  them  to  flee  (see 
Section  l.a.). 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— The  fighting  that  broke  out  in  June  was  fundamentally  an  ethnic  conflict  be- 
tween northerners  loyal  to  Sassou -Nguesso  and  southerners  loyal  to  Lissouba.  Dur- 
ing the  fighting  in  Brazzaville,  Lissouba's  government  forces  and  Sassou-Nguesso's 
opposition  militias  engaged  in  indiscriminate  shelling  of  populated  sections,  result- 
ing in  the  deaths  of  thousands  of  persons.  Both  sides  killed  and  beat  members  of 
different  ethnic  groups;  captured  combatants  were  frequently  summarily  executed. 
Following  Sassou-Nguesso's  seizure  of  power,  his  Cobra  militia  conducted  house-to- 
house  searches  in  the  capital  for  members  of  the  defeated  government  security 
forces,  private  militias,  and  Lissouba's  political  followers,  killing  dozens.  The  Cobras 
also  engaged  in  large-scale  looting  after  their  victory. 

During  the  war,  Lissouba  forces  repeatedly  used  helicopters  piloted  by  foreign 
mercenaries  to  bomb  areas  controlled  by  Cobras,  resulting  in  the  deaths  of  many 
civilians  as  well  as  combatants.  Near  the  end  of  the  war,  an  Angolan  MiG  aircraft 
bombed  Brazzaville,  resulting  in  the  deaths  of  an  unknown  number  of  civilians. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  suspended  constitution  provided  for  free- 
dom of  expression  and  in  practice  individual  freedom  of  expression  is  enjoyed.  It  also 
mandated  an  independent  council  to  oversee  private  and  electronic  media  and  to 
safeguard  speech  and  press  freedoms.  It  was  established  during  the  year,  but  has 
not  been  very  active. 

The  (jrovernment  retained  its  monopoly  power  over  radio  and  television  until 
June.  At  that  time,  rebel  forces  launched  their  own  radio  and  television  stations. 
After  Sassou's  ouster  of  Lissouba,  the  rebel  radio  station  continued  to  operate,  os- 
tensibly as  a  private  station.  The  government  radio  station  operated  as  the  new  gov- 
ernment's official  station.  The  Government's  television  stations  had  not  resumed  op- 
erations at  year's  end. 

Journalists  employed  in  the  state-owned  radio  and  television  enterprises  often 
practice  self-censorship.  Despite  the  potentially  restrictive  1996  Press  Law,  journal- 
ists working  for  opposition  newspapers  sharply  criticize  the  Government  prior  to 
Lissouba's  ouster.  After  the  war,  some  newspapers  resumed  publication. 

There  are  no  known  abridgments  of  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  suspended  constitution 
provides  for  freedom  of  assembly;  however,  groups  that  wished  to  hold  a  public  as- 
sembly were  required  to  inform  the  Minister  of  Interior,  who  could  withhold  author- 
ization for  meetings  that  threatened  public  order.  There  are  no  restrictions  on  trade 
associations  or  professional  bodies,  and  affiliation  with  international  bodies  is  per- 
mitted. 


81 

The  suspended  constitution  provided  for  freedom  of  association,  and  the  former 
Government  respected  this  right  in  practice.  At  year's  end,  the  rights  of  assembly 
and  association  remained  restricted,  with  the  Grovemment  still  engaged  in  disarm- 
ing local  militias.  Only  late  in  the  year  did  citizens  circulate  in  the  capital. 

c.  Freedom  of  Religion. — The  suspended  constitution  provided  for  freedom  of  reli- 
gion, and  the  Government  resf)ectea  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  suspended  constitution  provided  for  the  right  of  all  citizens  to  trav- 
el freely  within  the  country,  and  it  specifically  prohibited  roadblocks  and  barriers. 
The  National  Conference  Charter  of  Rights  provides  all  citizens  the  right  to  travel 
abroad  and  return.  Nonetheless,  military  forces,  political  militias,  and  opportunists 
sometimes  hindered  free  movement  with  barricades,  generally  demanding  money. 
Motorists  refusing  to  give  money  were  frequently  detained  for  several  nours  or 
turned  back. 

Refugees  in  Brazzaville  continue  to  encounter  harassment.  Security  forces  some- 
times subject  beat,  intimidated,  or  arbitrarily  arrested  them.  The  Government  has 
not  formulated  a  policy  regarding  first  asylum.  It  requires  refugees  and  asylum 
seekers  to  secure  a  pledge  of  financial  support  before  it  will  process  their  claims. 
By  year's  end,  the  Government  had  not  made  a  decision  regarding  asylum  for  refu- 
gees fleeing  the  former  Democratic  Republic  of  the  Congo;  some  refugees  were  repa- 
triated within  weeks  of  their  arrival. 

There  have  been  no  reports  of  human  rights  violations  against  Cabindan  refugees 
in  the  port  of  Pointe  Noire. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  constitution,  which  provided  for  popular  election  of  the  President  and  Na- 
tional Assembly,  was  suspended  by  the  Sassou  Government  shortly  after  it  took 
power.  Citizens  were  not  permitted  to  change  their  government  peacefully  as  presi- 
dential elections  were  postponed  after  former  President  Sassou-Nguesso  seized 
power  by  force. 

President  Lissouba  was  elected  in  1992.  Legislative  elections  followed  in  1993, 
and  the  first  round  of  presidential  elections  were  scheduled  for  July  27,  but  were 
postponed  indefinitely.  By  year's  end,  the  Sassou  Government  had  not  announced 
a  date  for  new  elections.  It  stated  that  the  timing  of  elections  would  be  discussed 
in  early  1998. 

The  suspended  constitution  divided  power  between  the  President  and  a  govern- 
ment headed  by  a  Prime  Minister  and  formed  with  the  approval  of  the  National  As- 
sembly. The  new  Government  does  not  have  a  Prime  Minister.  The  suspended  con- 
stitution provided  for  5-year  terms  of  office  for  the  President  and  National  Assembly 
deputies,  all  elected  by  universal  suffrage,  and  6-year  terms  for  senators,  who  are 
chosen  by  local  councils.  The  President  could  dissolve  the  National  Assembly  and 
call  for  new  elections  before  the  end  of  the  5-year  term.  International  monitors  ob- 
served the  last  several  rounds  of  the  1993  legislative  elections  and  found  them  to 
be  free  and  fair. 

At  year's  end,  the  Senate  and  National  Assembly  were  not  functioning.  The  Gov- 
ernment stated  that  it  will  replace  them  by  a  National  Council  for  the  Transition, 
the  members  of  which  are  to  be  "elected"  during  a  National  Forum  in  early  1998. 

There  are  no  legal  restrictions  on  representation  by  women  or  minority  popu- 
lations. However,  women  are  underrepresented  in  government  and  politics.  In  the 
former  Lissouba  government,  women  held  4  of  the  185  seats  in  the  Senate  and  the 
National  Assembly.  Women  occupy  3  of  33  cabinet  positions  in  the  Lissouba  Govern- 
ment. Indigenous  Pygmies  are  excluded  from  the  political  process  (see  Section  5). 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  wide  variety  of  human  rights  groups  operated  with  minimal  government  restric- 
tion, investigating  and  publishing  their  findings  on  human  rights  problems.  Govern- 
ment officials  are  generally  cooperative  and  responsive  to  their  views,  although  non- 
governmental organizations  (NGO's)  sometimes  encounter  difTiculties  in  making 
prison  visits. 

There  were  no  reported  visits  by  international  human  rights  organizations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  suspended  constitution  specifically  prohibited  such  discrimination,  but  it  per- 
sists in  fact,  particularly  against  women  and  Pygmies. 

Women. — Domestic  violence,  including  rape  and  beatings,  is  widespread  but  rarely 
reported.  The  problem  is  handled  within  the  extended  family  and  only  in  the  most 


82 

extreme  Instances  is  the  matter  brought  to  the  police.  There  are  no  provisions  under 
the  law  for  spousal  battery.  There  are  no  crisis  centers  or  hotlines.  The  problem  of 
violence  against  women  is  largely  ignored  by  the  general  population  and  the  media. 
During  the  civil  war  and  its  aflermath,  there  were  reports  of  numerous  rapes  car- 
ried out  by  both  sides.  There  were  also  credible  reports  of  rapes  by  Angolan  troops. 

The  suspended  constitution  provided  for  the  ecmality  of  all  citizens,  prohibited  dis- 
crimination based  on  sex,  ana  endorsed  the  ri^t  of  women  to  earn  equal  pay  for 
equal  work.  In  practice,  however,  women  in  the  formal  sector  are  underrepresented 
and  encounter  discriminatory  promotion  patterns.  Most  women  work  in  the  informal 
sector  and  thus  have  little  or  no  access  to  credit.  Women  in  rural  areas  are  espe- 
cially disadvantaged  in  terms  of  education  and  wage  employment,  and  are  confined 
largely  to  family  farm  work,  petty  commerce,  and  cnildrearing  responsibilities. 

Marriage  ana  family  laws  overtly  discriminate  against  women.  For  example,  adul- 
tery is  illegal  for  women  but  not  for  men.  Polygyny  is  legal;  polyandry  is  not.  While 
the  Legal  Code  provides  that  30  percent  of  the  husband's  estate  goes  to  the  wife, 
in  practice  the  wife  often  loses  all  rights  of  inheritance.  The  symbolic  nature  of  the 
brideprice  set  in  the  Family  Code  is  often  not  respected,  and  men  are  forced  to  pay 
excessive  amounts  to  the  woman's  family.  As  a  result,  the  right  to  divorce  is  cir- 
cumscribed for  some  women  because  they  lack  the  financial  means  to  reimburse  the 
brideprice  to  the  husband  and  his  family.  This  problem  is  more  prevalent  in  rural 
areas  than  in  urban  centers. 

There  are  approximately  10  NGO's  that  work  on  women's  issues.  Their  effective- 
ness varies  widely,  however,  and  none  is  physically  located  in  rural  areas.  The  Min- 
istry for  the  Integration  of  Women  into  Development  is  actively  working  with  a 
number  of  NGO's  to  reform  certain  legal  codes  and  to  educate  women  regarding 
their  rights. 

Children. — ^The  suspended  constitution  required  the  Government  to  protect  chil- 
dren in  accordance  with  international  conventions.  Child  labor  is  illegal,  and  edu- 
cation is  compulsory  until  the  age  of  16.  In  practice  limited  state  resources  hinder 
achievement  of  these  objectives,  particularly  in  rural  areas. 

People  With  Disabilities. — The  suspended  constitution  provided  for  specific  meas- 
ures to  protect  the  needs  of  the  disabled.  This  provision  meant  very  little  in  practice 
as  the  ministry  charged  with  the  welfare  of  the  disabled  faces  severe  financial  con- 
straints. There  is  no  overt  discrimination  against  the  disabled  in  employment  and 
education.  There  are  no  laws  mandating  access  for  people  with  disabilities. 

Indigenous  People. — The  suspended  constitution  provided  the  same  rights  for  Pyg- 
mies, an  ethnic  minority,  numbering  in  the  tens  of  thousands,  living  primarily  in 
the  northern  forest  regions,  as  it  did  for  other  citizens.  In  practice  F^gmies  do  not 
enjoy  equal  treatment  in  the  predominately  Bantu  society.  Pygmies  are  severely 
marginalized  in  the  areas  of  employment,  health,  and  education.  They  are  usually 
considered  social  inferiors,  have  no  political  voice,  and  are  completely  outside  the 
political  process.  Many  have  never  heard  of  the  concept  of  voting  and  have  no  ability 
to  influence  government  decisions  affecting  their  interests. 

Many  Pygmies  have  a  Bantu  patron  to  whom  they  are  obligated  in  perpetuity. 
Pygmies  are  inherited  by  their  patron's  eldest  son,  an  arrangement  rooted  in  the 
ancestral  tradition  of  Pygmy  slavery. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Labor  Code  affirms  the  right  to  associate  freely 
and  prohibits  restrictions  on  the  formation  of  trade  unions.  Most  workers  in  the  for- 
mal (wage)  sector  are  union  members,  and  unions  have  made  efforts  to  organize  in- 
formal sectors  such  as  agriculture  and  retail  trade.  The  suspended  constitution  pro- 
hibited members  of  the  security  forces  from  forming  unions  or  striking.  There  are 
six  independent  trade  unions  recognized  by  the  Government,  although  not  all  are 
active. 

Unions  are  free  to  strike  after  filing  a  letter  of  intent  with  the  Ministry  of  Labor, 
thereby  starting  a  process  of  nonbinding  arbitration  under  the  auspices  of  a  regional 
labor  inspector  from  the  Labor  Ministry.  The  letter  of  intent  must  include  the  strike 
date,  at  which  time  the  strike  legally  may  begin,  even  if  arbitration  is  not  complete. 
Employers  have  the  right  to  fire  workers  if  they  do  not  give  advance  notice  of  a 
strike. 

Unions  are  free  to  affiliate  with  international  trade  unions,  and  they  maintain  co- 
operative accords  with  other  African,  European,  and  American  trade  union  organiza- 
tions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Code  allows  for 
collective  bargaining  and  this  provision  is  freely  practiced.  The  Government  sets  in- 
dustry-specific minimum  wage  scales,  but  unions  are  usually  able  to  negotiate  high- 
er wages  for  their  members.  Employers  are  prohibited  from  discriminating  against 


83 

employees  who  join  a  union.  There  were  no  reported  firings  for  union  activities.  By 
year's  end,  unions  had  not  resumed  functioning  after  the  Sassou-Nguesso  seizure  of 
power. 

There  are  no  export  processing  zones. 

c.  Prohibition  on  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor,  including  that  performed  by  children,  but  such  practices  reportedly 
occur.  There  are  allegations  tnat  Pygmies,  possibly  including  children,  experience 
exploitation  by  Bantu  s  (see  Section  5).  Upon  the  death  of  their  patron,  Pygrnies  are 
inherited  by  his  eldest  son,  an  arrangement  rooted  in  the  ancestral  tradition  of 
I^ygmy  slavery. 

d.  Status  Of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  sus- 
pended constitution  prohibited  forced  and  bonded  labor  by  children  under  the  age 
of  16.  However,  there  were  allegations  of  exploitation  of  Pygmy  children  (see  Sec- 
tions L  and  6.c.).  The  Ministry  of  Labor,  which  is  responsible  for  enforcing  child 
labor  laws,  concentrates  its  eftorts  only  on  the  formal  wage  sector.  Children  con- 
tinue to  work  in  rural  areas  and  in  the  informal  sector  in  cities  without  government 
intervention. 

e.  Acceptable  Conditions  of  Work. — The  suspended  constitution  provided  for  rea- 
sonable pay,  paid  holidays,  periodic  paid  vacation,  and  legal  limits  on  allowable 
hours  of  work.  The  Labor  Code  stipulates  that  overtime  must  be  paid  for  all  work 
in  excess  of  40  hours  per  week,  and  that  regular  days  of  leisure  must  be  granted 
by  employers.  However,  the  minimum  wage  is  not  adequate  to  provide  a  worker  and 
family  with  a  decent  standard  of  living.  High  urban  prices  and  dependent  extended 
families  oblige  many  workers  to  seek  opportunities  beyond  their  principal  employ- 
ment. Although  health  and  safety  regulations  call  for  twice-yearly  visits  by  inspec- 
tors from  the  Ministry  of  Labor,  in  practice  such  visits  occur  less  regularly.  While 
unions  are  generally  vigilant  in  calling  attention  to  dangerous  working  conditions, 
the  observance  of  safety  standards  is  often  lax.  Workers  have  no  specific  right  to 
remove  themselves  from  dangerous  working  conditions. 


COTE  D'lVOIRE 

From  independence  in  1960  until  1990,  President  Felix  Houphouet-Boigny  and  his 
Democratic  Party  of  Cote  D'lvoire  (PDCI),  then  the  only  legal  political  party,  gov- 
erned the  Republic  of  Cote  D'lvoire.  The  PDCI  maintained  this  political  dominance 
following  multiparty  presidential  and  legislative  elections  in  1990.  Following 
Houphouet's  death  in  1993,  National  Assembly  President  Henri  Konan  Bedie  be- 
came President  by  constitutional  succession,  and  served  out  the  remainder  of 
Houphouet's  term.  Due  to  concerns  about  irregularities  in  the  electoral  code  and 
voter  registration,  the  major  opposition  parties  boycotted  the  1995  presidential  elec- 
tion and  tried  to  interfere  with  the  voting  process;  however,  President  Bedie  won 
96  percent  of  the  vote.  The  major  political  parties  then  reached  an  accord  with 
Bedie,  which  allowed  for  full  party  participation  in  the  1995  legislative  elections. 
The  judiciary,  although  nominally  independent,  is  subject  to  executive  branch  influ- 
ence. 

Security  forces  include  the  national  police  (Surete)  and  the  Gendarmerie,  a  branch 
of  the  armed  forces  with  responsibility  for  general  law  enforcement.  The  Gendar- 
merie is  a  national  police  force  charged  with  maintenance  of  public  order  and  terri- 
torial security.  Formed  in  August  1996,  L'Etat  Major  de  la  Securite  focuses  on  inter- 
nal security,  specifically  violent  crime.  A  National  Security  Council,  formed  in  July 
1996,  coordinates  security  policy,  both  internal  and  external.  The  Special  Anticrime 
Police  Brigade  (SAVAC)  continued  its  operations.  The  armed  forces  traditionally 
have  accepted  the  primacy  of  civilian  autnority.  Seven  members  of  the  military  ac- 
cused of  plotting  a  coup  in  1995  were  dismissed  from  the  military  and  released  in 
December  1996.  Security  forces  including  the  SAVAC  committed  numerous  human 
rights  abuses. 

The  economy,  largely  market  based  but  heavily  dependent  on  the  agricultural  sec- 
tor, performed  poorly  in  the  1980's  and  early  1990's  when  high  population  growth 
combined  with  weak  commodity  prices  and  an  overvalued  currency  led  to  economic 
stagnation.  Since  the  1994  devaluation  and  the  accompanying  reforms,  the  economy 
has  boomed,  returning  to  real  gross  domestic  product  growth  rates  of  6  to  7  percent 
in  1995,  1996,  and  1997.  The  Government  devoted  an  increasing  share  of  its  budget 
to  basic  health  services  and  education.  It  is  unclear  whether  resumed  growth  and 
increased  spending  have  created  significant  reductions  in  poverty  or  improvement 
in  social  indicators  such  as  mortality  or  literacy  rates.  Gross  national  product  per 
capita  in  1996  was  about  $730.  Principal  exports  are  cocoa,  cofiee,  wood,  and,  to  an 


84 

increasing  extent,  petroleum.  Most  of  the  rural  population  remains  dep>endent  on 
smallholder  cash  crop  production. 

The  Government's  human  rights  record  improved  although  serious  human  rights 
abuses  remain  in  some  areas.  Members  of  the  security  forces  committed 
extrajudicial  killings,  and  the  security  forces  beat  and  abused  detainees  and  used 
force  to  disperse  protesters.  The  Government  also  used  arbitrary  arrest  and  deten- 
tion and  failed  to  bring  perpetrators  of  these  abuses  to  justice.  Prison  conditions  are 
harsh  and  life  threatening,  and  prolonged  detention  is  a  problem.  Leaders  of  the 
principal  student  organization  were  detained  for  various  periods  from  December 
1996  to  February  1997.  The  judiciary  does  not  ensure  due  process  and  is  subject  to 
executive  branch  influence,  particularly  in  political  cases.  The  Government  limits 
citizens'  rights  to  change  their  government  and  restricts  freedom  of  speech,  the 
press,  assembly,  and  association.  Discrimination  and  violence  against  women  and  fe- 
male genital  mutilation  (FGM)  remain  problems.  The  Government  announced  a 
campaign  to  eliminate  FGM  in  September  1996,  but  to  date  it  has  not  taken  any 
action. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  politically 
motivated  killings  by  government  forces.  However,  as  violent  civil  crime  increased, 
the  security  forces  frequently  resorted  to  lethal  force  and  committed  numerous 
extrajudicial  killings.  Credible  media  reports  indicate  that  the  SAVAC  continued  its 
shoot-to-kill  policy  when  pursuing  criminal  suspects.  According  to  a  press  estimate, 
SAVAC  and  the  regular  police  killed  91  persons.  The  Government  did  not  prosecute 
SAVAC  or  police  personnel  for  these  killings.  In  the  course  of  the  operations,  five 
police  officers  also  were  killed. 

In  January  police  action  led  to  a  student  leaping  out  of  a  building;  he  later  died 
of  his  injuries  (see  Section  I.e.).  A  policeman  who  led  a  double  life  as  a  gangster 
was  killed  while  in  police  custody  on  February  7,  according  to  an  opposition  press 
report. 

Dozens  of  prisoners  died  in  custody  as  a  result  of  harsh  prison  conditions  (see  Sec- 
tion I.e.). 

There  was  no  progress  in  the  August  1996  case  in  which  police  shot  and  killed 
a  truck  driver.  The  Minister  of  Security  stated  that  the  police  implicated  in  the 
shooting  had  been  questioned  and  that  justice  was  "following  its  course."  However, 
to  date  no  one  has  been  arrested  or  charged. 

The  committee  tasked  by  President  Bedie  to  investigate  killings  that  occurred 
during  1995's  "active  boycott"  of  the  election  presented  its  findings  to  Bedie  in  June. 
The  findings  have  not  been  made  public  and  Bedie  has  yet  to  act  on  them.  These 
deaths  included  four  protesters,  eight  demonstrators,  and  two  security  force  mem- 
bers. 

There  were  no  developments  in  the  case  of  the  six  detainees  who  died  in  prison 
in  1996.  They  had  been  held  since  the  "active  boycott"  of  multiparty  elections  in  Oc- 
tober 1995. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Despite  legal  protection  for  the  rights  of  persons  in  custody,  police  sometimes  beat 
detainees  or  prisoners  as  punishment,  or  to  extract  confessions,  according  to  local 
human  rights  groups.  There  were  no  public  reports  of  government  officials  being 
tried  for  these  abuses. 

Jurists'  union  officials  reported  that  police  continue  to  beat  suspects  to  obtain 
their  confessions  and  that  suspects  are  afraid  to  press  charges  against  the  police  of- 
ficers involved.  Press  photographs  regularly  show  criminal  detainees  with  swollen 
or  bruised  faces  and  bodies. 

Police  frequently  use  violence  to  restrain  demonstrators.  Riot  police  used  tear  gas 
and  truncheons  against  protesting  students  on  several  occasions  in  the  first  half  of 
the  year.  According  to  opposition  press  reports,  a  student  was  thrown  by  police  from 
the  second  Hoor  of  his  student  apartment  building  on  the  night  of  January  19  after 
police  had  disrupted  a  meeting  organized  by  the  student  union  FESCI.  He  later  died 
from  his  injuries.  Government  press  reports  stated  that  the  student  jumped  while 
trying  to  escape  from  police. 

Prison  conditions  are  harsh  and  life  threatening.  Problems  include  overcrowding, 
malnutrition,  a  high  incidence  of  infectious  disease,  and  lack  of  treatment  facilities 
and  medication.  These  conditions  were  responsible  for  a  high  prisoner  death  rate 
throughout  the  prison  community.  According  to  conflicting  press  reports,  from  24  to 


85 

44  prisoners  died  of  cholera.  Several  journalists  released  from  prison  in  late  1996 
reported  that  white-collar  prisoners  are  accorded  more  favorable  treatment. 

According  to  the  Ivorian  Human  Rights  League  (LIDHO),  conditions  at  the  main 
prison  of  Abidjan  remain  especially  hazardous  for  women,  with  violent  and  non- 
violent criminals,  as  well  as  minors,  housed  together.  There  are  no  health  facilities 
for  women,  and  reportedly  a  number  of  women  have  given  birth  at  the  prison  with- 
out medical  attention.  There  are  credible  reports  of  female  prisoners  being  raped  by 
prison  guards. 

Local  human  rights  groups  have  difficulty  gaining  access  to  the  prison.  LIDHO 
reports  that  it  was  often  denied  access  to  theprison. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Government  arbitrarily  arrests  and 
detains  citizens.  Under  the  Code  of  Penal  Procedure,  a  public  prosecutor  may  order 
the  detention  of  a  suspect  for  up  to  48  hours  without  bringing  charges.  A  magistrate 
may  order  detention  up  to  4  months  but  must  also  provide  the  Minister  of  Justice 
with  a  written  justification  for  continued  detention  on  a  monthly  basis.  However, 
the  law  is  often  violated.  Police  have  held  persons  for  more  than  48  hours  without 
bringing  charges.  According  to  a  representative  of  the  jurists'  union,  this  practice 
is  common,  and  often  magistrates  are  not  able  to  verify  that  those  not  charged  are 
released. 

Defendants  do  not  have  the  right  to  a  judicial,  determination  of  the  legality  of 
their  detention.  A  judge  may  release  pretrial  detainees  on  provisional  liberty,  if  the 
judge  believes  that  the  suspect  will  not  flee.  The  Attorney  General  on  December  31, 
1996,  referred  in  public  to  the  long  detention  periods  suffered  by  prisoners  awaiting 
trial  in  the  country's  principal  prison,  the  Maca,  listing  a  total  prisoner  population 
of  4,600  of  whom  1,741  were  detainees  who  had  yet  to  be  tried.  Of  the  detainees, 
470  had  been  detained  for  more  than  2  years,  60  lor  at  least  4  years,  and  39  others 
between  5  and  12  years.  Based  on  these  figures,  pretrial  detainees  make  up  about 
35  percent  of  the  prison  population.  In  March  51  new  judges  assumed  office,  but 
at  year's  end  the  number  oi  pretrial  detainees  had  not  been  significantly  reduced. 

Information  provided  by  one  of  the  lawyers  defending  active  boycott  members  ar- 
rested in  1995  suggests  that  approximately  147  people  are  still  awaiting  trial.  Of 
this  group,  100  people  have  been  given  provisional  liberty  until  their  trial  dates,  and 
47  remain  in  detention.  Eight  persons  tried  this  year  were  convicted;  2  were  sen- 
tenced to  18-year  prison  terms.  An  estimated  474  such  persons  were  arrested  origi- 
nally. 

Although  prohibited  by  law,  jwlice  restrict  access  to  some  prisoners.  Despite  the 
frequency  of  arbitrary  arrest,  there  is  no  accurate  total  of  suspects  held. 

Twenty-seven  students,  who  had  been  detained  without  charge  for  varying  periods 
since  December  1996,  were  released  in  February  (see  also  Sections  I.e.  and  2.b.). 
Seven  military  officers  (part  of  a  group  of  17  military  personnel  accused  of  plotting 
a  coup  and  jailed  without  trial  since  October  1995)  were  dismissed  from  the  military 
by  a  presidential  decree  and  released  from  jail  in  December  1996. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — According  to  the  Constitution,  the  judiciary  is 
independent  of  the  executive  branch  in  ordinary  criminal  cases.  In  practice,  how- 
ever, it  follows  the  lead  of  the  executive  in  national  security  or  politically  sensitive 
cases.  There  continue  to  be  credible  reports  that  those  with  ties  to  the  opposition 
are  treated  more  harshly  by  the  judicial  system  than  those  with  ties  to  the  Govern- 
ment. Judges  serve  at  the  pleasure  of  the  executive,  and  reports  of  political  pressure 
on  the  judiciary  are  credible. 

The  formal  judicial  system  is  headed  by  a  Supreme  Court  and  includes  the  Court 
of  Appeals  and  lower  courts. 

Military  courts  do  not  try  civilians.  Although  there  are  no  appellate  courts  within 
the  military  court  system,  persons  convicted  by  a  military  tribunal  may  petition  the 
Supreme  Court  to  set  aside  the  tribunal's  verdict  and  order  a  retrial. 

In  rural  areas,  traditional  institutions  often  administer  justice  at  the  village  level, 
handling  domestic  disputes  and  minor  land  questions  in  accordance  with  customary 
law.  Dispute  resolution  is  by  extended  debate,  with  no  known  instance  of  resort  to 
physical  punishment.  The  formal  court  system  is  increasingly  superseding  these  tra- 
ditional mechanisms.  In  August  1996,  a  Grand  Mediator  was  appointed  to  settle  dis- 
putes that  cannot  be  resolved  by  traditional  means.  This  oflice  appears  designed  to 
bridge  traditional  and  modem  methods  of  dispute  resolution.  Thus  far  it  has  only 
been  used  to  settle  a  succession  dispute  among  the  Abron  people  of  Bondoukou. 

The  law  provides  for  the  right  to  public  trial,  although  key  evidence  is  sometimes 
given  secretly.  Those  convicted  have  the  right  of  appeal,  and  the  Appellate  Court, 
in  a  departure  from  the  norm,  overturned  on  appeal  tne  convictions  of  several  active 
boycott  members  in  1996.  Several  others  had  tneir  sentences  reduced  at  the  same 
time. 


86 

Defendants  accused  of  felonies  or  capital  crimes  have  the  right  to  legal  counsel, 
and  the  judicial  system  provides  for  couri,-appointed  attorneys  for  indigent  defend- 
ants. In  practice  many  defendants  cannot  afford  private  counsel,  and  court-ap- 
pointed attorneys  are  not  readily  available.  According  to  one  lawyer,  even  if  a  de- 
fendant has  an  attorney,  he  may  not  be  notified  of  his  trial  date  until  the  day  before 
the  trial,  making  it  impossible  for  his  lawyer  to  attend  or  provide  a  defense. 

There  were  no  reports  of  political  prisoners  in  civilian  or  military  jails  at  year's 
end.  However,  three  student  leaders  belonging  to  the  banned  student  organization 
FESCI  were  convicted  under  a  controversial  law  holding  organizers  of  demonstra- 
tions criminally  liable  for  any  damages  caused  during  demonstrations.  They  were 
jailed  from  January  7  until  February  27  before  being  released  by  order  of  the  Presi- 
dent. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Code  of  Penal  Procedure  specifies  that  a  police  official  or  investigative  magistrate 
may  conduct  searches  of  homes  without  a  judicial  warrant  if  there  is  reason  to  be- 
lieve that  there  is  evidence  on  the  premises  concerning  a  crime.  The  official  must 
have  the  prosecutor's  agreement  to  retain  any  evidence  seized  in  the  search  and  is 
required  to  have  witnesses  to  the  search,  which  may  not  take  place  between  9  p.m. 
and  4  a.m.  In  practice  police  have  sometimes  used  a  general  search  warrant  without 
a  name  or  address.  On  occasion  police  have  entered  homes  of  non-Ivorian  Africans 
(or  apprehended  them  at  large),  teiken  them  to  local  police  stations,  and  extorted 
small  amounts  of  money  for  alleged  minor  offenses. 

Security  forces  reportedly  monitored  some  private  telephone  conversations,  but 
the  extent  of  the  practice  is  unknown.  Letters  and  parcels  are  monitored  at  the  post 
office  for  potential  criminal  activity,  but  there  is  no  evidence  that  private  written 
corresponaence  is  monitored  by  authorities. 

The  Government  demolished  a  major  Abidjan  shanty  town  in  September  and  relo- 
cated its  residents  to  the  city's  outskirts.  New,  government-built  housing  costs  half 
a  month's  salary  for  those  earning  the  lowest  minimum  wage.  The  Government 
claimed  the  relocation  will  save  lives  regularly  lost  when  heavy  rains  collapsed 
shanty  houses;  opposition  media  said  that  the  relocations  have  caused  suffering,  loss 
of  livelihood,  and  death. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^Although  the  Constitution  provides  for  freedom 
of  expression  and  independent  newspapers  frequently  criticize  government  policies, 
the  Government  imposes  restrictions.  The  two  government-owned  daily  newspapers 
offer  little  criticism  of  government  policy,  while  government-owned  radio  and  tele- 
vision only  infrequently  report  any  discontent  with  government  policy.  Moreover, 
while  independent  newspapers  (8  daily,  several  weekly),  opposition  leaders,  and  stu- 
dent groups  voice  their  disapproval  of  governmental  or  presidential  actions  fre- 
quently and  sometimes  loudly,  it  is  a  crime,  punishable  by  3  months  to  2  years  in 
prison,  to  offend  the  President,  the  Prime  Minister,  foreign  chiefs  of  state  or  govern- 
ment, or  their  diplomatic  representatives,  or  to  defame  institutions  of  the  State. 
Moreover,  a  1991  press  law  created  a  commission  to  enforce  laws  against  publishing 
material  "undermining  the  reputation  of  the  nation  or  defaming  institutions  of  the 
State."  Consequently,  self-censorship  is  an  ongoing  concern  of  Ivorian  journalists, 
but  it  has  not  led  to  the  suppression  of  regular  criticism  of  the  President  and  gov- 
ernment policies. 

A  journalist  was  detained  in  the  city  of  Man  on  July  9  for  reporting  on  a  case 
of  theft  involving  a  subprefect.  He  was  released  on  August  4. 

The  Government  owns  both  television  channels  and  two  major  radio  stations;  only 
the  primary  government  radio  and  television  stations  are  broadcast  nationwide. 
There  are  also  four  radio  stations  not  controlled  by  the  Government  (British  Broad- 
casting Corporation,  Radio  France  International,  Africa  Number  1,  and  a  private 
commercial  radio  station  concentrating  on  entertainment,  Radio  Nostalgic).  There  is 
also  a  private  television  subscription  service,  Canal  Plus  Horizon.  While  the  inde- 
pendent stations  have  complete  control  over  their  editorial  content,  the  Government 
continues  to  exercise  considerable  influence  over  official  media  program  content, 
news  coverage,  and  other  matters,  using  these  media  to  promote  government  poli- 
cies. Much  of  the  news  programming  is  devoted  to  the  activities  of  the  President, 
the  (jovemment,  the  PDCI,  and  pro-Bedie  groups. 

Many  prominent  scholars  are  active  in  opposition  politics  and  are  not  known  to 
have  suuered  professionally,  although  some  teachers  and  professors  suggest  that 
they  have  been  transferred  because  of  their  political  activities.  According  to  press 
reports  and  student  union  statements,  students  continue  to  be  used  as  informants 
at  the  University  of  Abidjan. 


87 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly.  In  practice,  however,  this  freedom  is  restricted  when  the  Gov- 
ernment perceives  a  danger  to  public  order,  as  it  did  during  the  October  1995  elec- 
tions, when  it  used  lethal  force  to  control  antigovemment  demonstrations,  which  it 
had  banned  by  decree. 

Groups  that  wish  to  hold  demonstrations  or  rallies  are  required  to  submit  a  notice 
of  their  intent  to  do  so  to  the  Ministry  of  Security  or  Interior  48  hours  before  the 
proposed  event.  The  Government  sometimes  denied  the  opposition  permission  to 
meet  in  public  outdoor  venues.  Following  opposition  demonstrations  in  September 
1995,  the  Government  announced  that  "all  marches  and  sit-ins  would  be  banned  for 
a  3-month  period  in  all  streets  and  public  places."  The  decree  was  selectively  ap- 
plied; only  opposition  events  were  affected  by  the  ban.  Penalties  for  infraction 
ranged  from  no  action  to  12  months'  imprisonment.  Although  the  decree  has  not 
been  canceled  formally,  no  opposition  events  were  banned  in  1997. 

Police  occasionally  prohibit  gathering  to  prevent  the  expression  of  controversial 
views.  A  controversial  "anti-vandalism  law  passed  by  the  National  Assembly  in 
1992  holds  organizers  of  a  march  or  demonstration  criminally  responsible  if  any  of 
the  participants  engage  in  violence  or  damage  to  property.  The  LIDHO  and  all 
major  opposition  parties  condemned  the  law  as  unduly  vague  and  as  one  that  im- 

{)osed  collective  punishment  for  the  crimes  of  a  few  but  have  not  attempted  to  chal- 
enge  the  constitutionality  of  the  law. 

The  Constitution  states  that  people  are  free  to  organize  associations,  and  the  im- 
plementing law  states  that  organizations  must  register,  but  does  not  require  any  au- 
thorization. Consequently,  opposition  parties  assert  that  the  Constitution  permits 
private  associations  to  form,  and  since  the  Constitution  does  not  mention  registra- 
tion, requiring  associations  to  register  is  unconstitutional.  The  Government  rejects 
this  interpretation  and  requires  all  organizations  to  register  before  commencing  ac- 
tivities. There  were  no  reports  in  the  past  5  years  of  denial  of  registration. 

The  law  prohibits  the  formation  of  political  parties  along  ethnic  or  religious  lines. 
The  1991  ban  on  the  previously  registered  student  union  FESCI  was  lilted  during 
the  September  30-October  9  national  conference  on  the  student  crisis.  During  the 
years  it  was  banned,  FESCI  contended  the  action  was  illegal  and  was  active  in  dem- 
onstrations, ceremonies,  and  political  conventions.  In  1994  and  again  early  this  year 
(see  Sections  l.d.  and  I.e.),  tne  Government  arrested  or  detained  FESCI  members 
without  charge. 

According  to  credible  media  reports,  there  were  violent  confrontations  between  po- 
lice and  students  on  January  19,  January  21,  February  5,  February  27,  May  16, 
May  20,  June  20,  and  June  23.  To  disperse  the  students,  police  used  tear  gas,  clubs, 
ana,  in  some  cases  according  to  opposition  press,  live  ammunition. 

Three  student  leaders  who  were  convicted  on  January  7  under  the  "anti-vandal- 
ism" law  and  laws  against  disturbing  the  public  order  were  pardoned  by  the  Presi- 
dent on  February  27.  Twenty-seven  other  students,  including  the  FESCI  leader, 
were  also  released  on  that  day.  These  students  had  not  been  lormally  charged  but 
had  been  detained  for  varying  periods  of  time  since  December  1996  (see  Sections 
l.d.  and  I.e.). 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and 
there  are  no  known  impediments  to  religious  expression.  There  is  no  dominant  reli- 
gion, and  no  faith  is  officially  favored.  The  Government  permits  the  open  practice 
of  religion,  and  there  are  no  restrictions  on  religious  ceremonies  or  teaching.  Never- 
theless, some  Muslims  feel  that  their  religious  or  ethnic  affiliation  makes  them  tar- 
gets of  discrimination  by  the  Government  with  regard  to  high  governmental  posi- 
tions and  national  identity  documentation. 

Native  Muslims  are  frequently  subject  to  petty  harassment  as  part  of  general 
pressure  against  Muslims  from  neighboring  countries  and,  despite  being  a  plurality 
of  the  population,  are  a  definite  minority  at  all  levels  of  government. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice.  While  the  Government  does  not  generally  restrict  internal  travel,  uni- 
formed police  regularly  extort  small  amounts  of  money  or  goods  for  contrived  or 
minor  infractions  by  motorists  or  passengers  on  public  conveyances.  Citizens  nor- 
mally may  travel  abroad  and  emigrate  freely  and  nave  the  rignt  of  voluntary  repa- 
triation. There  are  no  known  cases  of  revocation  of  citizenship. 

Cote  D'lvoire  is  a  signatory  to  the  1951  United  Nations  Convention  Relating  to 
the  Status  of  Refugees  and  its  1967  Protocol;  it  has  signed  but  not  ratified  the  Orga- 
nization of  African  Unity  convention  governing  the  specific  aspects  of  refugee  prob- 
lems in  Africa.  The  right  to  first  asylum  is  recognized  by  law  and  custom.  Following 
a  census  in  March,  the  estimated  number  of  Liberian  refugees  dropped  from  305,000 
to  210,000. 


88 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees in  health,  education,  and  food  distribution  programs  for  refugees.  It  initially 
agreed  in  principle  to  permit  Liberian  refugees  to  cast  absentee  ballots  in  that  coun- 
try's elections  but  later  rejected  the  idea.  However,  several  thousand  refugees  re- 
portedly returned  to  Liberia  to  vote  in  the  July  19  elections,  then  reentered  Cote 
D'lvoire  without  incident. 

There  were  no  cases  of  forced  repatriation.  Despite  the  1997  Liberian  cease-fire 
and  democratic  elections,  the  Government  has  indicated  that  it  does  not  expect  mas- 
sive near-term  repatriation  to  occur  and  does  not  plan  to  pressure  refugees  to  depart 
before  they  are  ready  to  do  so. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Although  the  Constitution  provides  citizens  with  the  right  to  change  their  govern- 
ment peacefully  through  democratic  means,  the  Government  limited  this  right  in 
practice.  The  opposition  complained  that  the  Government  used  the  1994  Electoral 
Code  to  place  formidable  obstacles  in  the  paths  of  political  rivals.  The 
Rassemblement  des  Republicains  believed  that  Alassane  Ouattara,  a  leading  opposi- 
tion rival  to  Bedie,  had  been  unfairly  excluded  from  entering  the  presidential  race 
due  to  the  Electoral  Code's  parentage,  residency,  and  citizenship  requirements.  The 
opposition  also  complained  of  faulty  voter  registration  procedures  and  of  unfair  re- 
strictions on  demonstrations  after  the  Government  issued  a  3-month  ban  on 
marches  and  sit-ins  in  September  1995  in  an  attempt  to  ensure  public  order  (see 
Section  2.b.) 

Under  a  multiparty  system  adopted  in  1990,  elections  are  held  every  5  years  by 
secret  ballot.  All  citizens  over  21  years  of  age  can  vote,  and  political  parties  are  le- 
gally free  to  organize. 

A  presidential  election  was  held  in  1995.  The  major  opposition  parties  boycotted 
the  election  due  to  the  Electoral  Code's  candidacy  requirements  and  voter  registra- 
tion irregularities.  The  opposition  defied  the  national  laws  regarding  law  and  order 
and  called  for  "active  boycott"  of  the  polls  during  the  presidential  election.  Members 
of  the  opposition  blocked  polling  places  from  access  by  voters  and  prevented  delivery 
of  election  materials  to  the  polls.  Only  the  ruling  PDCI  and  a  single  small  opposition 
party,  the  PIT,  fielded  presidential  candidates.  President  Bedie  won  96  percent  of 
the  votes  cast. 

Aflerward,  the  major  political  parties  reached  an  accord  that  ensured  full  party 
participation  in  the  1995  legislative  elections.  These  elections  were,  however,  sus- 
pended in  3  of  the  175  districts  due  to  government  concern  over  Bete-Baoule  ethnic 
violence  and  voters  displaced  as  a  result  of  the  active  boycott.  Election  results  from 
another  three  districts  were  declared  invalid  by  the  Constitutional  Council.  Elec- 
tions in  these  six  districts  and  two  other  open  seats  were  held  on  December  29, 
1996,  and  proceeded  in  an  orderly,  transparent  manner. 

While  there  are  no  legal  impediments  to  women  assuming  political  leadership 
roles,  only  14  of  the  169  deputies  elected  to  the  National  Assembly  are  women. 
Women  hold  3  of  the  17  leadership  positions  in  the  Assembly,  and  there  are  3 
women  in  the  29-member  presidential  Cabinet.  Three  members  of  the  Supreme 
Court  are  women.  There  are  no  impediments  to  the  exercise  of  political  rights  by 
any  of  the  over  60  ethnic  groups. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  LIDHO,  formed  in  1987  and  recognized  by  the  Government  in  July  1990,  has 
actively  investigated  alleged  violations  of  human  rights  and  issued  press  releases 
and  reports,  some  critical  of  the  Government.  Other  groups  such  as  the  Inter- 
national Movement  of  Democratic  Women  (MIFED)  have  held  seminars  and  pub- 
lished press  releases  critical  of  government  abuses  of  human  rights.  In  1996  the 
Ministry  of  Family  and  Womens'  AfTairs  and  the  Ministry  of  Communication  took 
part  in  several  NGO-sponsored  campaigns  to  fight  female  genital  mutilation  and  vi- 
olence against  women,  including  domestics. 

Foreign  government  funding  allowed  Gerddes,  a  local  NGO,  to  train  the  presi- 
dents of  voting  bureaus.  The  Observatoire  National  des  Elections  (ONE),  an  um- 
brella group  of  local  NGO's,  received  official  sanction  and  government  cooperation 
for  observing  the  December  29,  1996  elections. 

The  Government  has  cooperated  with  international  inquiries  into  its  human 
rights  practices. 


89 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Discrimination  based  on  race,  ethnicity,  national  origin,  sex,  or  religion  is  prohib- 
ited by  law,  but  in  practice  women  occupy  a  subordinate  role  in  society.  In  other 
respects,  the  Government  enforces  these  provisions. 

Women. — Representatives  of  the  Ivorian  Association  for  the  Defense  of  Women 
(AIDF)  and  other  women's  organizations  state  that  spousal  abuse  (usually  wife  beat- 
ing)—while  not  widespread — does  occur  and  often  leads  to  divorce.  Doctors  state 
that  they  rarely  see  the  victims  of  wife  beating.  A  severe  social  stigma  is  attached 
to  such  violence,  and  neighbors  often  intervene  in  a  domestic  quarrel  to  protect  a 
woman  who  is  the  object  of  physical  abuse.  The  courts  and  police  view  such  domes- 
tic violence  as  a  family  problem,  unless  serious  bodily  harm  is  inflicted  or  the  victim 
lodges  a  complaint,  in  which  case  they  may  initiate  criminal  proceedings.  The  AIDF 
and  the  MEFED  have  protested  the  indifference  of  authorities  to  female  victims  of 
violence  and  called  attention  to  domestic  violence  and  PGM.  The  groups  also  re- 
ported that  women  who  are  the  subject  of  rape  or  domestic  violence  are  often  ig- 
nored when  they  attempt  to  bring  the  violence  to  the  attention  of  the  police.  The 
Government  does  not  collect  statistics  on  the  rape  or  other  physical  abuse  of  women. 
AIDF  is  also  active  in  opposing  forced  marriage  and  advancing  the  rights  of  female 
domestic  workers.  The  Government  has  no  clear  cut  policy  regarding  spouse  abuse 
beyond  the  strictures  against  violence  in  the  Civil  Code. 

The  President  convened  a  day  of  consultations  on  the  status  of  women  on  Feb- 
ruary 22.  On  March  10,  he  ordered  the  release  of  Fanta  Keita,  a  14-year  old  girl, 
who  had  killed  her  husband  after  being  forced  into  marriage  and  subsequently 
raped  repeatedly  by  him.  The  case  had  been  a  rallying  cry  for  the  AIDF  in  the 
struggle  against  forced  marriage  and  marriage  of  minors  (which  are  formally 
banned  under  existing  law  but  still  occur). 

In  rural  areas,  women  and  men  divide  the  labor,  with  men  clearing  the  land  and 
attending  to  cash  crops  like  cocoa  and  coffee,  while  women  grow  vegetables  and 
other  staples  and  perform  most  menial  household  tasks.  Government  policy  encour- 
ages full  participation  by  women  in  social  and  economic  life,  but  there  is  consider- 
able informal  resistance  among  employers  in  hiring  women,  whom  they  consider  less 
dependable  by  virtue  of  potential  pregnancy.  Women  are  underrepresented  in  some 
professions  and  in  the  managerial  sector  as  a  whole.  Some  women  also  encounter 
difficulty  in  obtaining  loans,  as  they  cannot  meet  the  lending  criteria  mandated  by 
banks.  These  criteria  include  such  elements  as  title  to  a  house  and  production  of 
profitable  cash  crops,  specifically  coffee  and  cocoa.  However,  women  in  the  formal 
sector  are  paid  on  an  equal  scale  with  men. 

Children. — Primary  education  is  compulsory,  but  this  requirement  is  not  effec- 
tively enforced.  Many  children  leave  school  after  only  a  few  years.  There  is  a  paren- 
tal preference  for  educating  boys,  which  is  noticeable  throughout  the  country  but 
more  pronounced  in  rural  areas,  especially  in  the  north.  According  to  an  Inter- 
national Monetary  Fund  report,  giving  statistics  for  1987-1992,  81  percent  of  males 
and  58  percent  of  females  attend  primary  schools.  A  1996  United  Nations  Develop- 
ment Program  report  states  that  in  1993  combined  primary,  secondary,  and  tertiary 
school  enrollment  was  31.1  percent  of  females  and  47.5  percent  of  males. 

The  Ministries  of  Social  AfTairs  and  of  Health  and  Social  Protection  seek  to  safe- 
g[uard  the  welfare  of  children,  and  the  Government  has  also  encouraged  the  forma- 
tion of  NGO's  such  as  the  Abidjan  Legal  Center  for  the  Defense  of  Children.  In  Sep- 
tember 1996,  the  Government  announced  a  series  of  measures  aimed  at  reducing 
the  population  of  street  children.  These  steps  include  holding  parents  legally  and 
financially  responsible  for  their  abandoned  children  and  the  development  of  training 
centers  where  abandoned  children  can  learn  a  trade.  In  January  200  children  from 
Dabou  were  designated  for  training  in  such  a  center,  created  from  8  buildings  ren- 
ovated by  the  Government,  but  by  year's  end  training  had  not  begun.  Some  children 
are  employed  as  domestics  and  are  subject  to  sexual  abuse,  harassment,  and  other 
forms  of  mistreatment  by  their  employers,  according  to  AIDF  and  press  reports. 

Female  genital  mutilation,  which  is  widely  condemned  by  international  nealth  ex- 
perts a:-  damaging  to  both  physical  and  psychological  health,  is  a  serious  problem. 
There  is  no  legislation  that  specifically  prohibits  FGM,  and  it  is  considered  illegal 
only  as  a  violation  of  general  laws  prohibiting  crimes  against  persons.  It  is  practiced 
particularly  among  the  rural  population  in  the  north  and  west.  The  procedure  is 
usually  performed  on  young  girls  or  at  puberty  as  part  of  a  rite  of  passage;  it  is 
always  done  outside  modem  medical  facilities.  Accoraing  to  the  World  Healtn  Orga- 
nization, as  many  as  60  percent  of  women  have  undergone  FGM. 

The  AIDF  continues  to  pursue  a  campaign,  begun  in  May  1996,  against  FGM, 
dowry,  forced  marriage  and  marriage  of  minors,  patterns  of  inheritance,  and  other 
practices  that  it  considers  harmful  to  women  and  girls.  The  NGO  president  enlisted 


90 

President  Bedie's  support  for  the  campaign  and  the  Minister  of  Communications  has 
continued  to  lend  personal  support  by  attending  and  speaking  at  seminars.  In  Sep- 
tember 1996,  the  Ministry  oi  the  Family  and  Women  s  AfTairs  announced  a  cam- 
paign against  FGM,  but  new  laws  prohibiting  FGM,  which  have  been  in  preparation 
since  that  date,  have  yet  to  be  presented  for  a  vote.  Meanwhile,  traditional  authori- 
ties continued  to  uphold  the  practice. 

People  With  Disabilities. — -There  are  no  laws  mandating  accessibility  for  the  dis- 
abled. Laws  exist  prohibiting  the  abandonment  of  the  mentally  or  physically  dis- 
abled, as  well  as  enjoining  acts  of  violence  directed  at  them.  Traditional  practices, 
beliefs,  and  superstitions  vary,  but  infanticide  in  cases  of  serious  birth  disabilities 
is  less  commonplace  than  in  the  past.  Disabled  adults  are  not  the  specific  targets 
of  abuse,  but  it  is  difficult  for  them  to  compete  with  able-bodied  workers  in  the  tight 
job  maricet.  The  Government  supports  special  schools,  associations,  and  artisans'  co- 
operatives for  the  disabled. 

National  / Racial  / Ethnic  Minorities. — Among  both  Ivorians  and  non-Ivorians,  it  is 
a  widely-held  perception  that  police  routinely  abuse  and  harass  non-Ivorian  Africans 
residing  in  the  country  (who  represent  one-third  of  the  total  population).  This  activ- 
ity reflects  the  Ivorian  conclusion  that  foreigners  are  responsible  for  high  local  crime 
rates  and  the  concern  over  Ivorian  national  identity.  Election  law  changes  in  1995 
limited  candidates  to  those  who  could  prove  that  both  parents  had  been  born  in  Cote 
DTvoire,  and  several  recent,  well-publicized  cases  have  demonstrated  that  the  con- 
cept of  "Ivorianness"  is  being  used  to  determine  employability. 

Members  of  the  Bete  ethnic  group  allege  discrimination  by  the  more  powerful 
Baoule  tribal  group.  The  Baoules  are  the  single  largest  tribal  group  in  the  country 
and  have  been  politically  dominant.  According  to  the  Bete,  in  1970  members  of  the 
army  killed  4,000  Bete  in  the  Gagnoa  region.  Tensions  between  the  groups  escalated 
before  the  1995  presidential  elections,  again  in  the  Gagnoa  region,  and  four  people 
were  killed  during  rioting.  Some  Baoule  settlers  and  native  Guere  people  of  the 
Duekoue  region  in  the  western  part  of  the  country  fought  in  August,  leading  to  five 
deaths  and  significant  property  damage. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  provides  workers  with  the  right  to  form 
unions.  The  government-sponsored  labor  confederation,  the  General  Union  of  Work- 
ers of  Cote  DTvoire  (UGTCI),  dominated  most  union  activity.  The  UGTCI's  hold  on 
the  labor  movement  loosened  in  1991  when  several  formerly  UGTCI-afTiliated 
unions  broke  away  and  became  independent.  In  1992  1 1  formerly  independent 
unions  joined  together  to  form  the  Federation  of  Autonomous  Trade  Unions  of  Cote 
dTvoire.  Unions  are  free  to  join  these  and  other  groups.  Registration  of  a  new  union 
requires  3  months  under  the  law. 

The  right  to  strike  is  provided  by  the  Constitution  and  by  statute.  The  Labor  Code 
.  requires  a  protracted  series  of  negotiations  and  a  6-day  notification  period  before  a 
strike  may  take  place,  effectively  making  legal  strikes  diflicult  to  organize.  The 
UGTCI  seldom  calls  strikes.  Non-UGTCI  unions  frequently  called  strikes.  Police 
used  tear  gas  on  March  25  to  disrupt  a  strike  by  employees  of  the  state-run  naval 
construction  yard;  three  injuries  resulted,  according  to  press  reports. 

Unions  are  free  to  join  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Code  grants  all 
citizens  the  right  to  join  unions  except  members  of  the  police  and  military,  and  to 
bargain  collectively.  Collective  bargaining  agreements  are  in  effect  in  many  major 
business  enterprises  and  sectors  of  the  civil  service.  In  most  cases  in  which  wages 
are  not  established  in  direct  negotiations  between  unions  and  employers,  salaries 
are  set  by  job  categories  by  the  Ministry  of  Employment  and  Civil  Service.  Labor 
inspectors  have  the  responsibility  to  enforce  a  law  that  prohibits  antiunion  discrimi- 
nation. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — There  were  no  reports  of  forced 
or  bonded  labor,  which  is  prohibited  by  law.  This  legal  prohibition  applies  to  chil- 
dren and  it  is  effectively  enforced.  The  International  Labor  Organization's  Commit- 
tee of  Experts  in  its  1993  annual  report  questioned  a  decree  that  places  certain  cat- 
egories of  prisoners  at  the  disposal  of  private  enterprises  for  work  assignments  with- 
out their  apparent  consent.  There  has  been  no  change  in  this  decree. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment prohibits  forced  and  bonded  child  labor  and  enforces  this  prohibition  efTec- 
tively  (see  Section  6.c.). 

In  most  instances,  the  legal  minimum  working  age  is  16  years,  and  the  Ministry 
of  Employment  and  Civil  Service  enforces  this  provision  efTectively  in  the  civil  serv- 
ice and  in  large  multinational  companies.  Labor  law  limits  the  hours  of  young  work- 


91 

era,  defined  as  those  under  the  age  of  18.  However,  children  often  work  on  family 
farms,  and  some  children  routinely  act  as  vendors,  shoe  shiners,  errand  boys,  car 
watchers,  and  washers  of  car  windows  in  the  informal  sector  in  cities.  There  are  re- 
liable reports  of  some  use  of  child  labor  in  informal  sector  mining  and  also  of  chil- 
dren working  in  "sweatshop"  conditions  in  small  workshops.  Primary  education  is 
mandatory  and  free  but  far  from  universally  enforced,  particularly  in  rural  areas. 
Many  children  leave  the  formal  school  system  when  they  are  between  the  ages  of 
12  and  14,  having  failed  secondary  school  entrance  exams. 

e.  Acceptable  Conditions  of  Work. — The  Government  administratively  determines 
monthly  minimum  wage  rates,  which  were  last  adjusted  in  May  1996.  A  slightly 
higher  minimum  wage  rate  applies  for  construction  workers.  The  Government  en- 
forces the  minimum  wage  rates  only  for  salaried  workers  employed  by  the  Govern- 
ment or  registered  with  the  social  security  office.  Minimum  wages  vary  according 
to  occupation,  with  the  lowest  set  at  approximately  $58  (cfa  35,000)  per  month, 
which  is  insufficient  to  provide  a  decent  standard  of  living  for  a  worker  and  family. 
The  majority  of  the  labor  force  works  in  agriculture  or  in  the  informal  sector  where 
the  minimum  wage  does  not  apply. 

Through  the  Ministry  of  Employment  and  the  Civil  Service,  the  Government  en- 
forces a  comprehensive  Labor  Code  governing  the  terms  and  conditions  of  service 
for  wage  earners  and  salaried  workers  and  providing  for  occupational  safety  and 
health  standards.  Those  employed  in  the  formal  sector  are  reasonably  protected 
against  unjust  compensation,  excessive  hours,  and  arbitrary  discharge  from  employ- 
ment. The  standard  legal  workweek  is  40  hours.  The  law  requires  overtime  payment 
on  a  graduated  scale  for  additional  hours.  The  Labor  Code  provides  for  at  least  one 
24-hour  rest  period  per  week. 

Government  labor  inspectors  can  order  employers  to  improve  substandard  condi- 
tions, and  a  labor  court  can  levy  fines  if  the  employer  fails  to  comply.  In  the  large 
informal  sector  of  the  economy,  however,  involving  both  urban  and  rural  workers, 
the  Government's  occupational  health  and  safety  regulations  are  enforced  erratically 
at  best.  Workers  in  the  formal  sector  have  the  right,  under  the  Labor  Code,  to  re- 
move themselves  from  dangerous  work  without  jeopardy  to  continued  employment 
by  utilizing  the  Ministry  of  Labor  inspection  system  to  document  dangerous  working 
conditions.  However,  workers  in  the  informal  sector  cannot  ordinarily  remove  them- 
selves from  such  labor  without  losing  their  employment. 


DJIBOUTI 

Despite  1992  constitutional  changes  that  permitted  the  creation  of  four  political 
parties,  President  Hassan  Gouled  Aptidon  and  the  People's  Rally  for  Progress 
(RPP),  in  power  since  independence  in  1977,  continue  to  rule  the  country.  Two  main 
ethnic  groups  hold  most  political  power:  Somali  Issas  (the  tribe  of  the  President), 
and  Afars.  Citizens  from  other  Somali  clans  (Issak,  Gadabursi,  and  Darod),  and 
those  of  Yemeni  and  other  origins,  are  limited  in  their  access  to  top  positions.  In 
1994  the  Government  and  a  faction  of  the  Afar-led  Front  for  the  Restoration  of 
Unity  and  Democracy  (FRUD)  signed  a  peace  accord,  ending  3  years  of  civil  war. 
In  the  accord,  the  Government  agreed  to  recognize  the  FRUD  as  a  legitimate  politi- 
cal party.  The  Government  named  two  FRUD  leaders  to  cabinet  positions  in  1995; 
however,  part  of  the  FRUD  rejected  the  peace  accord  and  remains  opposed  to  the 
Government.  Two  other  legal  political  parties  have  existed  since  1992,  the  National 
Democratic  Party  (PND)  and  the  Party  for  Democratic  Renewal  (PRD);  neither  holds 
a  parliamentary  seat  or  a  cabinet  level  post.  In  December  the  ruling  party  coalition 
that  includes  the  FRUD  party  won  all  65  seats  in  legislative  elections.  The  elections 
took  place  without  international  observers,  and  the  opposition  claimed  massive 
fraud.  Presidential  elections  are  scheduled  for  1999.  President  Gouled  implied  that 
he  would  not  run.  The  judiciary  is  not  independent  of  the  executive. 

The  8,000-member  National  Police  Force  (FNP)  is  responsible  for  internal  security 
and  border  control,  and  is  overseen  by  the  Ministry  of  Interior.  The  Ministry  of  De- 
fense controls  the  army  and  the  gendarmerie,  and  a  small  intelligence  bureau  re- 
ports directly  to  the  President.  Civilian  authorities  generally  maintain  effective  con- 
trol of  the  security  forces,  but  there  were  instances  in  which  the  security  forces 
acted  independently  of  the  Government's  authority,  some  members  committed 
human  rights  abuses. 

Djibouti  has  little  industry  and  few  natural  resources.  Services  provide  most  of 
the  national  income.  Minor  mineral  deposits  remain  mostly  unexploited.  Only  a 
tenth  of  the  land  is  arable  and  1  percent  is  forested.  Outside  the  capital  city,  the 
primary  economic  activity  is  nomadic  subsistence.  People  are  free  to  pursue  private 


92 

business  interests  and  to  hold  personal  and  real  property.  The  part  of  the  annual 
gross  domestic  product  not  generated  by  and  for  the  expatriate  community,  which 
includes  some  10,000  French  citizens,  is  estimated  at  no  more  than  $250  per  capita 
annually. 

The  Government's  human  rights  record  continued  to  be  poor.  Citizens  have  not 
yet  been  allowed  to  exercise  the  right  to  change  their  government.  Members  of  the 
security  forces  committed  at  least  one  extrajudicial  killing.  There  were  credible  re- 
ports that  some  members  of  the  security  forces  beat  and  otnerwise  abused  detainees 
and  sexually  assaulted  female  inmates.  Prison  conditions  are  harsh.  The  Govern- 
ment continued  to  harass,  intimidate,  and  imprison  political  opponents  and  union 
leaders.  The  Government  continued  to  arrest  and  detain  persons  arbitrarily  and  in- 
fringed upon  citizens'  right  to  privacy.  Police  occasionally  jailed  or  intimidated  jour- 
nalists. Tile  Government  limited  freedom  of  assembly,  and  freedom  of  association  is 
restricted.  Discrimination  against  women  persists,  and  the  practice  of  female  genital 
mutilation  continued  to  be  widespread.  Discrimination  on  the  basis  of  ethnic  back- 
ground persists. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Security  forces  were  responsible  for 
one  known  extrajudicial  killing.  On  January  27,  police  shot  and  killed  Hassan  Aden 
Farah  and  injured  one  of  his  two  passengers,  following  a  car  chase.  Police  reported 
finding  numerous  firearms  in  the  car  and  at  the  victim's  home.  The  Government, 
which  had  had  Farah  under  surveillance  for  some  time,  said  that  he  was  plotting 
to  kill  a  high-level  official  and  had  tried  to  help  a  former  national  treasurer  escape 
from  police  detention  during  a  May  1996  demonstration.  The  Government  has  not 
taken  any  action  against  the  police  in  connection  with  this  killing.  One  of  the  two 
passengers,  who  was  said  to  be  accompanying  the  victim  to  find  a  car  part,  was  re- 
portedly tortured. 

Legal  proceedings  have  begun  against  six  soldiers  accused  in  the  1995  killings  of 
Ranoa's  religious  leader,  Ali  Houmed  Souleh,  and  an  associate.  Said  Aramis.  The 
Ministry  blamed  the  failure  to  bring  cases  to  closure  in  an  expeditious  manner  on 
a  lack  of  qualified  personnel. 

In  September  FRUD  rebel  holdouts  killed  11  soldiers  (see  Section  2.d.). 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
There  were  no  developments  in  the  1995  abduction  of  four  persons  by  armed  men 

in  the  north,  or  in  the  1995  kidnaping  of  a  traditional  Afar  chief  at  Alalli  Dada. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  states  that  no  one  shall  be  subjected  to  torture  or  to  other  inhu- 
mane, cruel,  degrading,  or  humiliating  punishments,  and  torture  is  punishable  by 
15  years'  imprisonment.  However,  one  person  apprehended  while  traveling  in  Has- 
san Farah's  car  was  reportedly  tortured  by  police  (see  Section  l.a.).  There  were  cred- 
ible reports  that  police  sometimes  beat  and  otherwise  physically  abused  prisoners 
and  detainees.  There  were  no  reports  that  any  police  officers  were  punished  for  such 
abuses.  The  police  also  beat  demonstrators  (see  Section  2.b.).  The  National  Police 
provide  all  prison  guards. 

Prison  conditions  are  harsh  and  severely  overcrowded.  Gabode  Prison,  built  for 
350  persons,  at  times  houses  nearly  twice  that  number.  The  Government  sometimes 
shortens  prison  terms  to  reduce  overcrowding.  The  Justice  Ministry  estimates  that 
60  percent  ofprisoners  are  illegal  Ethiopian  immigrants  who  have  committed  crimes 
in  Djibouti.  Children  of  female  inmates  under  the  age  of  5  are  sometimes  allowed 
to  stay  with  their  mothers;  authorities  say  that  milk  is  provided  for  them.  Report- 
edly, prisoners  must  pay  authorities  to  obtain  food.  Health  care  sources  reported 
that  prison  guards  rape  female  and  adolescent  inmates.  At  least  one  rape  victim  be- 
came pregnant  and  required  health  care.  There  are  no  educational  facilities  within 
the  prison.  Ministry  of  Justice  officials  said  that  lack  of  funding  hampers  their  abil- 
ity to  provide  even  minimal  services. 

The  International  Committee  of  the  Red  Cross  (ICRC)  continues  to  maintain  an 
office  in  Djibouti  and  an  ICRC  delegate  from  Nairobi,  Kenya  made  quarterly  visits 
to  the  main  prison. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Despite  legal  protections,  arbitrary  arrest 
and  detention  are  problems.  The  1995  Penal  Code  stipulates  that  the  State  may  not 
detain  a  person  beyond  48  hours  without  an  examining  magistrate's  formal  charge. 
Detainees  may  be  held  another  24  hours  with  the  prior  approval  of  the  public  pros- 
ecutor. All  persons,  including  those  accused  of  political  or  national  security  offenses, 
must  be  tried  within  8  months  of  arraignment.  Nevertheless,  the  police  often  dis- 
regarded these  procedures,  typically  arresting  persons  without  warrants  and  some- 


93 

times  detaining  them  for  lengthy  periods  without  charge.  The  Penal  Code  provides 
for  bail  and  expeditious  trial.  Incommunicado  detention  is  used. 

In  February  in  the  midst  of  a  teachers'  strike,  security  forces  detained  four  teach- 
ers who  were  active  in  their  unions.  Osman  Miguil  Wais  was  accused  of  inciting  oth- 
ers to  riot  and  held  for  6  days,  Souleiman  Ahmed  Mohamed  and  Mohamed  Ali 
Diama  were  accused  of  inciting  others  to  riot  and  held  for  4  days,  and  Abdulazia 
Mohamed  was  accused  of  inciting  a  popular  uprising  and  held  for  4  days.  Several 
hundred  other  teachers  and  sympathizers  were  detained  briefly  at  the  Nagad  deten- 
tion center. 

Awaleh  Guelleh  Assone,  who  was  being  held  along  with  four  other  alleged  terror- 
ists for  the  1990  bombing  of  a  Djibouti  cafe  escaped  from  Gabode  prison  in  Septem- 
ber. The  Government's  investigation  of  the  attack  was  ongoing  at  year's  end.  In 
April  1996,  the  French  Grovemment  issued  an  international  arrest  warrant  for  Na- 
tional Democratic  Party  president  Aden  Robleh  Awaleh  and  his  wife,  Aicha  Omar 
Dabar,  for  their  alleged  part  in  the  bombing.  The  two  remain  free  in  Djibouti. 

Aicha  Dabaleh  and  her  husband  Mohamed  Kadami  were  amongfour  FRUD  rebels 
extradited  from  Ethiopia  in  late  September  (see  Section  2.d.).  Dabaleh,  who  was 
then  pregnant,  remained  in  prison  until  November.  Her  supporters  claimed  that  she 
only  was  involved  in  humanitarian  work  and  should  not  have  been  detained. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  magistrates  are  appointed  for  life  terms.  In  practice,  however,  the  judici- 
ary is  not  independent  of  the  executive.  Constitutional  provisions  for  a  fair  trial  are 
not  universally  respected,  even  in  nonpolitical  cases,  because  of  interference  from 
the  executive  branch.  Since  ministerial  changes  in  December,  the  Justice  Minister 
is  responsible  for  human  rights. 

The  judiciary,  based  on  the  French  Napoleonic  Code,  comprises  a  lower  court,  an 
appeals  courts,  and  a  Supreme  Court.  There  are  no  longer  "special  courts"  to  try 
cases  outside  normal  judiciary  channels.  The  Supreme  Court  can  overrule  decisions 
of  the  lower  courts. 

A  Constitutional  Council  rules  on  the  constitutionality  of  laws,  including  those  re- 
lated to  the  protection  of  human  rights  and  civil  liberties.  Its  rulings  are  not  always 
respected,  however.  In  August  1996,  for  example,  the  Constitutional  Council  ruled 
that  the  Parliament's  Disciplinary  Committee  had  wrongly  denied  the  parliamen- 
tary immunity  of  three  legislators.  No  action  was  taken  on  the  ruling.  In  May  the 
Council's  president,  Djama  Amareh  Meidal  and  two  other  members.  Supreme  Court 
president  Hussein  Aganeh,  and  bank  executive  Mohamed  Aden,  were  removed  from 
their  positions  on  the  Council.  In  contrast,  three  Appellate  Court  judges  removed 
in  May  1996,  reportedly  for  political  reasons,  were  later  reinstated  in  new  jobs  in 
the  Justice  Ministry. 

Opposition  leaders  criticized  a  Lawyers'  Council  decision  in  February  to  disbar 
Meidal  and  another  attorney,  Aref  Mohamed  Aref  Aref,  currently  Secretary  General 
of  the  faction  of  the  Democratic  Renewal  Party  (PRD),  not  recognized  by  the  Govern- 
ment, was  a  defense  attorney  for  five  politicians  jailed  for  criticizing  President 
Gouled  (see  Section  l.a.).  Other  members  of  the  legal  profession  said  that  despite 
their  laudable  human  rights  work,  the  two  lawyers  had  acted  unethically  in  otner 
cases.  A  civil  suit  against  Aref  is  pending.  In  early  October,  an  outspoken  French 
parliamentarian  was  refused  entry  into  Djibouti  to  attend  Arefs  hearing. 

The  legal  system  is  composed  of  legislation  and  executive  decrees,  French  codified 
law  adopted  at  independence,  Shari'a  law,  and  nomadic  traditions.  Urban  crime  is 
dealt  with  in  accordance  with  French-inspired  law  and  judicial  practice  in  the  regu- 
lar courts.  Civil  actions  may  be  brought  in  regular  or  traditional  courts.  Shari'a  law 
is  restricted  to  civil  and  family  matters.  The  Justice  Ministry  is  combining  the  three 
types  of  law  in  a  new  text  designed  to  promote  women's  rights  and  provide  greater 
protection  of  children. 

Traditional  Law  (Xeer)  is  often  used  in  conflict  resolution  and  victim  compensa- 
tion. This  traditional  law  stipulates  that,  for  example,  a  blood  price  be  paid  to  the 
victim's  clan  for  crimes  such  as  murder  and  rape. 

The  Constitution  states  that  the  accused  is  innocent  until  proven  guilty,  and  has 
the  right  to  legal  counsel  and  to  be  examined  by  a  doctor  if  imprisoned.  Although 
trials  are  officially  public,  Daher  Ahmed  Farah  was  tried  and  convicted  privately. 
Legal  counsel  is  supposed  to  be  available  to  the  indigent  in  criminal  and  civil  mat- 
ters. Court  cases  are  heard  in  public  before  a  presiding  judge  and  two  accompanying 
judges.  The  latter  receives  assistance  from  two  persons — assessors — who  are  not 
members  of  the  bench,  but  who  are  thought  to  possess  sufficient  legal  sophistication 
to  comprehend  court  proceedings.  The  Government  chooses  assessors  from  the  pub- 
lic at  large,  but  credible  reports  indicate  that  political  and  ethnic  afliliations  play 
a  role  in  the  selection. 


94 

In  early  January,  five  political  prisoners  arrested  in  August  1996  were  released. 
The  five,  Moumin  Bahdon  Farah,  the  former  Justice  Minister  and  Foreign  Minister; 
Ahmed  Boulaleh  Barreh,  the  former  Defense  Minister;  Ali  Mahamade  Houmed,  the 
former  Industry  Minister;  Ismael  Guedi  Hared,  the  former  Presidential  Cabinet  Di- 
rector; and  Abdillahi  Guirreh,  a  former  ruling  party  annex  president,  had  been  con- 
victed of  inciting  to  violence,  using  tribalism  for  political  ends,  and  disseminating 
ftilse  information. 

The  five  had  claimed  in  a  published  statement  that  President  Gouled  rules  by  ter- 
ror and  force  and  without  regard  to  the  Constitution;  they  were  sentenced  to  6 
months  in  jail,  fined  $1,200  each,  and  prohibited  from  seeking  elected  office  for  a 
period  of  5  years.  Although  the  prisoners  were  released  after  serving  their  terms, 
the  election  ban  remains  in  place.  On  December  17,  police  prevented  Moumin 
Bahdon  Farah  from  leaving  his  home  to  attend  an  opposition  political  rally.  Also  on 
December  17,  police  detained  a  ruling  party  member  of  the  National  Assembly  ac- 
tive in  the  opposition,  Mahdi  Ibrahim  Guellah,  for  8  hours. 

There  are  no  other  political  prisoners  remaining. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  the  family,  home,  correspondence,  and 
communications.  The  law  also  requires  that  the  authorities  obtain  a  warrant  before 
conducting  searches  on  private  property.  However,  in  practice  the  Government  does 
not  always  obtain  warrants  before  conducting  such  searches,  and  it  reportedly  mon- 
itors and  sometimes  disrupts  the  conununications  of  some  regime  opponents. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  the 
press;  however,  at  times  the  Gk)vernment  restricted  this  right  in  practice.  The  law 
prohibits  the  dissemination  of  false  information  and  regulates  the  publication  of 
newspapers.  The  Constitution  prohibits  slander. 

In  October  government  security  forces  seized  equipment  form  the  office  of  the 
Unified  Front  of  the  Djiboutian  Opposition  (FUOD)  in  order  to  prevent  it  from  pub- 
lishing newsletters  and  communiques,  and  detained  the  FUOD's  vice-president  for 
12  hours.  By  year's  end,  the  FUOD's  equipment  had  not  been  returned.  In  October 
police  also  seized  printing  equipment  from  the  office  of  the  PRD  faction  not  recog- 
nized by  the  Government. 

The  Government  owns  the  radio  and  television  stations.  It  also  owns  the  principal 
weekly  newspaper,  La  Nation.  The  ofllcial  media  generally  are  uncritical  of  govern- 
ment leaders  and  government  policy.  There  are  several  opposition-run  weekly  and 
monthly  publications  that  circulate  freely  and  openly  criticize  the  Government. 
However,  journalists,  and  even  vendors  of  opposition  papers,  are  occasionally  jailed 
or  intimidated  by  police. 

There  are  no  specific  laws  or  criminal  sanctions  that  threaten  academic  freedom. 
In  general,  teachers  may  speak  and  conduct  research  without  restriction,  provided 
that  they  not  violate  sedition  laws. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  right  to  free  assembly  is 
provided  for  in  the  Constitution,  and  the  Government  generally  respected  this  right 
in  practice.  However,  the  Ministry  of  Interior  requires  permits  for  peaceful  assembly 
and  monitors  opposition  activities.  While  permits  generally  are  approved,  the  Gov- 
ernment commonly  uses  a  show  of  police  force  and  threatening  tactics  to  intimidate 
and  discourage  would-be  demonstrators.  Some  opposition  leaders  eflectively  prac- 
ticed self-censorship  and,  rather  than  provoke  a  government  crackdown,  refrained 
from  organizing  popular  demonstrations.  In  several  cases  during  the  1996-97  school 
year,  police  beat  and  detained  demonstrating  teachers.  Police  briefly  detained  hun- 
dreds of  teachers'  union  members  who  participated  in  a  strike  in  February  (see  Sec- 
tion 6.a.). 

The  Constitution  provides  for  freedom  of  association  provided  that  certain  legal 
requirements  are  met.  The  Constitution  provides  for  four  political  parties.  The  Gov- 
ernment took  advantage  of  an  absence  of  leadership  in  the  main  opposition  party, 
the  PRD,  following  the  late  1996  death  of  its  leader,  and  conferred  legal  recognition 
on  the  weaker  half  of  the  party.  Police  detained  pro-activist  Daher  Ahmed  Farah 
on  October  12,  and  charged  Farah  in  a  closed  hearing  with  illegally  operating  a  po- 
litical party,  illegally  publishing  a  newspaper,  disseminating  false  information,  for- 
gery (for  tne  use  of  party  seals),  usurping  a  title,  and  organizing  an  illegal  dem- 
onstration. Daher  was  given  "provisional  liberty"  on  November  1  (see  Section  I.e.). 

Nonpolitical  associations  must  register  and  be  approved  by  the  Ministry  of  Inte- 
rior. 

c.  Freedom  of  Religion. — Islam  is  the  state  religion.  Virtually  the  entire  population 
is  Sunni  Muslim.  There  are  also  a  small  number  of  Catholics.  The  Gk)vernment  im- 
poses no  sanctions  on  those  who  choose  to  ignore  Islamic  teachings. 


95 

The  foreign  community  supports  Roman  Catholic,  Protestant,  Greek  Orthodox, 
and  Ethiopian  Orthodox  churches.  Foreign  clergy  and  missionaries  may  perform 
charitable  works,  but  proselytizing,  while  not  illegal,  is  unofficially  discouraged. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  allows  freedom  of  movement.  This  right  may  be  lim- 
ited only  by  law. 

In  general  citizens  may  travel  or  emigrate  without  restriction  or  interference. 
However,  some  Afar  leaders  have  had  their  passports  revoked  or  denied,  and  Mus- 
lim women  unaccompanied  by  a  spouse  or  adult  male  have  been  prohibited  from 
traveling  to  certain  Gulf  countries.  Authorities  seized  the  tickets  and  passport  of  a 
dissident  member  of  the  National  Assembly  in  September  as  he  attempted  to  leave 
the  country  to  attend  a  meeting  of  the  Interparliamentary  Union  in  Cairo,  Egypt. 
His  documents  had  not  been  returned  by  yearend. 

Djibouti  hosts  70,000  to  100,000  refugees  and  illegal  immigrants  from  neighboring 
countries,  equal  to  about  one-fifth  the  population.  The  U.N.  High  Commissioner  for 
Refugees  (UNHCR)  assists  20,000  Somali  and  1,000  Ethiopian  residents  of 
Djibouti's  three  refugee  camps.  Some  1,500  Ethiopian  and  Somali  urban  refugees 
are  registered  with  the  UNHCR  in  Djibouti  City.  There  has  been  no  major  repatri- 
ation since  the  UNHCR's  1994-96  repatriation  of  35,000  Ethiopian  refugees  and  mi- 
grants from  the  capital. 

Up  to  18,000  Aiars  sought  asylum  in  Ethiopia  during  the  1991-94  civil  war  in 
Djibouti.  At  least  10,000  are  said  to  have  repatriated  spontaneously  since  the  1994 

Seace  accord.  According  to  Ethiopian  authorities,  some  8,000  remain  in  Ethiopia, 
ecause  the  displaced  Afar  were  not  in  refugee  camps,  and  because  Afars  are  indig- 
enous to  Ethiopia  and  Eritrea  as  well,  it  is  difUcult  to  estimate  their  number.  Early 
in  the  year,  the  Government  officially  welcomed  Afars  to  return,  and  several  promi- 
nent former  resistance  figures  did  so.  However,  the  killing  of  11  Djiboutian  soldiers 
by  FRUD  rebel  holdouts  on  September  1  led  to  renewed  tensions  and  a  crackdown 
on  suspected  "sympathizers"  in  the  north.  In  connection  with  the  September  1  inci- 
dent, in  late  September,  the  Ethiopian  government  extradited  at  least  four  Afar 
leaders  who  were  living  voluntarily  in  exile  (see  Section  l.d.).  While  the  army  has 
been  ordered  to  vacate  Afar  homes  and  land  occupied  during  the  conflict,  some  areas 
still  appear  controlled  by  the  soldiers.  In  October  there  were  reports  of  enhanced 
cooperation  with  the  Government  of  Ethiopia  in  combating  armed  Afar  movements. 
In  October,  eight  Djiboutian  Afars  were  reportedly  deported  by  Ethiopia  with  no 
legal  mandate.  By  mid-November,  15  FRUD  leaders  were  reportedly  in  detention. 
In  the  week  before  the  December  legislative  elections,  there  were  several  minor 
clashed  between  the  army  and  the  Afars;  there  were  few  casualties. 

In  November  the  Government  expelled  Sudanese  refugee  Osman  Hassan  Babiker 
to  Ethiopia;  he  had  been  under  the  UNHCR  protection.  The  Government  stated  that 
Djibouti  was  not  Babiker's  country  of  first  asylum,  and  therefore  he  was  not  quali- 
fied to  be  a  refugee  in  Djibouti.  The  UNHCR  objected  to  the  Government's  action, 
which  disregarded  the  procedures  that  the  Government  had  agreed  to  with  the 
UNHCR. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Although  the  Constitution  provides  for  the  right  of  citizens  to  change  their  gov- 
ernment, in  practice  citizens  have  not  yet  been  allowed  to  exercise  fully  this  right. 
The  RPP  has  carefully  controlled  the  implementation  of  the  new  four-party  system 
to  suppress  any  organized  opposition.  The  RPP  alliance  with  the  legal  FRUD  party 
won  all  65  seats  in  the  December  legislative  elections.  The  elections  took  place  with- 
out international  observers  amid  opposition  claims  of  fraud.  Presidential  elections 
are  scheduled  for  1999.  President  Gouled,  who  has  held  that  office  since  independ- 
ence in  1977  and  was  reelected  in  1993,  has  implied  that  he  would  not  seek  that 
office  again. 

In  1992  a  voter  referendum  approved  a  measure  to  limit  the  number  of  political 
parties  to  four.  However,  this  result  was  never  codified  into  law.  The  opposition 

S-oups,  the  FUOD,  the  Daher  Ahmed  Farah  faction  of  the  PRD,  and  the  Group  for 
emocracy  and  the  Republic  (GDR),  which  were  not  permitted  to  contest  the  elec- 
tions because  they  are  not  recognized  parties,  joined  to  form  the  Coordination  Com- 
mittee of  the  Djiboutian  Opposition  (CCOD). 

The  1994  peace  agreement  between  the  Government  and  the  FRUD  required  that 
FRUD  members  be  included  in  senior  government  positions.  Two  FRUD  members 
who  were  named  to  the  Cabinet  in  June  1995  remain  in  office.  The  government-rec- 
ognized faction  of  the  FRUD  was  registered  as  a  political  party  in  1996  and  held 
its  first  congress  in  April.  The  unrecognized  FRUD  faction  includes  members  who 


96 

refused  to  accept  the  terms  of  the  peace  accord,  as  well  as  Afars  extradited  from 
Ethiopia  in  September  (see  Section  2.d). 

Although  legally  entitled  to  participate  in  the  political  process,  women  are  largely 
excluded  from  senior  positions  in  government  and  in  the  political  parties.  There  are 
no  women  in  the  Cabinet  or  in  Parliament.  Khadija  Abeba,  president  of  the  Su- 
preme Court  is  the  highest  ranking  female  official.  She  and  six  women  serve  as 
judges,  and  one  is  a  director  in  the  Ministry  of  Foreign  Affairs.  While  women  have 
the  right  to  vote,  there  were  no  female  candidates  in  the  December  legislative  elec- 
tions. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Discrimination  based  on  ethnic  background  limits  the  role  of  members  of  minority 
clans  in  government  and  politics.  The  Issa,  the  dominant  Somali  clan,  control  the 
ruling  party.  The  President's  subclan,  the  Mamassan,  wields  disproportionate  power 
in  afiairs  of  state.  Afars  hold  a  number  of  high  ministerial  posts,  but  are  not  so  well 
represented  at  lower  levels.  Somali  clans  other  than  the  Issa,  and  Djiboutians  of 
Yemeni  origin,  are  at  present  unofficially  limited  to  one  ministerial  post  each.  There 
are  also  iniormal  limits  on  the  number  of  seats  for  each  group  in  the  Parliament. 

The  Government  remains  hostile  to  the  formation  of  local  human  rights  groups. 
The  Government  has  arrested  and  released  Mohamed  Houmed  Souleh,  the  leader 
of  the  Association  for  the  Defense  of  Human  Rights  and  Liberties  (ADDHL),  several 
times  since  1993  for  criticizing  military  abuses  in  the  civil  conflict.  He  stopped 
speaking  publicly  in  1996.  Credible  sources  reported  that  the  Gtovemment  hired 
Souleh  on  the  condition  that  he  limit  the  ADDHL's  criticism  of  the  Government.  The 
Union  of  Djiboutian  Women  (UNFD)  and  the  Djiboutian  Association  for  the  Pro- 
motion of  the  Family  (ADEPF)  promote  the  rights  of  women  and  children.  No  other 
local  human  rights  groups  exist.  The  ICRC  visited  the  country  during  the  year  as 
did  Education  International  (see  Section  I.e.). 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

While  the  Constitution  prohibits  discrimination  on  the  basis  of  language,  race, 
sex,  or  religion;  however,  discrimination  against  women  and  ethnic  minorities  per- 
sists. In  particular,  the  Government's  enforcement  of  laws  to  protect  women  and 
children  is  weak. 

Women. — Violence  against  women  exists  but  reported  cases  are  few.  The  Govern- 
ment has  been  concerned  about  the  problem  of  rape,  and  the  1995  revised  Penal 
Code  includes  sentences  of  up  to  20  years  in  prison  for  rapists.  More  than  100  such 
cases  have  been  tried.  Violence  against  women  is  normally  dealt  with  within  the 
family  or  clan  structure  rather  than  in  the  courts.  The  police  rarely  intervene  in 
domestic  violence  incidents,  and  the  media  report  only  the  most  extreme  examples, 
such  as  murder. 

Women  legally  possess  full  civil  rights,  but  in  practice,  due  to  custom  and  tradi- 
tional societal  discrimination  in  education,  they  play  a  secondary  role  in  public  life 
and  have  fewer  employment  opportunities  then  men.  Few  woman  work  in  manage- 
rial and  professional  positions,  and  women  are  largely  confined  to  trade  and  sec- 
retarial fields.  Customary  law  discriminates  against  women  in  such  areas  as  inher- 
itance, divorce,  property  ownership,  and  travel  (see  Section  2.d.).  Educated  women 
increasingly  turn  to  the  regular  courts  to  defend  their  interests. 

Children. — The  Government  devotes  almost  no  public  funds  to  the  advancement 
of  children's  rights  and  welfare.  A  few  charitable  organizations  work  with  children. 
Primary  education  is  compulsory.  However,  the  Government  does  not  monitor  com- 
pliance. Approximately  20  percent  of  children  complete  secondary  education. 

According  to  an  recent  report,  as  many  as  98  percent  of  females  7  years  or  older 
had  undergone  female  genital  mutilation  (FGM),  which  is  widely  condemned  by 
international  health  experts  as  damaging  to  both  physical  and  psychological  health. 
FGM  is  traditionally  performed  on  girls  oetween  the  ages  of  7  and  10.  In  1988  the 
UNFD  began  an  educational  campaign  against  infibulation,  the  most  extensive  and 
dangerous  form  of  FGM.  The  campaign  has  had  only  a  limited  impact  on  the  preva- 
lence of  this  custom,  which  is  pervasive  in  rural  areas.  After  the  1995  U.N.  Women's 
Conference  in  Cairo,  Egypt,  the  UNFD  declared  that  all  forms  of  mutilation  should 
be  forbidden.  The  revised  Penal  Code  that  went  into  effect  in  April  1995  states  that 
"violence  causing  genital  mutilation"  is  punishable  by  5  years  imprisonment  and  a 
fine  of  over  $5,600  (one  million  Djibouti  francs).  However,  the  Government  has  not 
yet  convicted  anyone  under  this  statute.  The  efforts  of  the  UNFD  and  other  groups 
appear  to  be  having  some  effect,  at  least  in  the  capital  city.  Some  health  workers 
reported  a  precipitous  drop  in  the  number  of  hospitalizations  related  to  FGM  in 


97 

Djibouti  City.  Many  believe  the  incidence  of  infibulation  has  decreased,  although  no 
systematic  data  are  available  on  the  problem.  U.N.  and  other  experts  believe  that 
lesser  forms  of  FGM  are  still  widely  practiced,  and  that  the  most  extreme  procedure, 
infibulation,  is  still  common  in  rural  areas. 

The  Government  has  not  addressed  other  forms  of  child  abuse,  which  are  often 
lightly  punished.  For  example,  when  a  child  is  raped  or  abused,  the  perpetrator  is 
usually  fined  an  amount  sufficient  to  cover  the  child's  medical  care.  The  Govern- 
ment has  not  used  provisions  of  the  Penal  Code  to  deal  with  child  abuse  more  se- 
verely. 

People  With  Disabilities. — The  Government  does  not  mandate  accessibility  to 
buildings  or  government  services  for  people  with  disabilities.  Although  disabled  per- 
sons have  access  to  education  and  public  health  facilities,  there  is  no  specific  legisla- 
tion that  addresses  the  needs  of  the  disabled,  and  there  are  no  laws  or  regulations 
that  prevent  job  discrimination  against  disabled  persons.  The  disabled  nave  dif- 
ficulty finding  employment  in  an  economy  where  at  least  60  percent  of  the  able-bod- 
ied adult  male  population  is  underemployed  or  jobless. 

National  / Racial  / Ethnic  Minorities. — The  Government  continued  to  discriminate 
against  citizens  on  the  basis  of  ethnicity  in  employment  and  job  advancement.  The 
Issa,  the  dominant  Somali  clan,  control  the  ruling  party,  the  civil  and  security  serv- 
ices, and  the  military  forces. 

While  Afars  hold  a  number  of  high  ministerial  positions,  they  do  not  appear  so 
well  represented  at  lower  levels.  Clans  other  than  the  Issa  and  citizens  of  Yemeni 
origin  are  unofficially  limited  to  one  ministerial  position  each.  There  are  also  semi- 
ofiicial  limits  on  the  number  of  seats  for  each  group  in  Parliament. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Under  the  Constitution,  workers  are  free  to  join 
unions  and  to  strike  provided  that  they  comply  with  legally  prescribed  require- 
ments. Since  1992,  unions  are  supposed  to  be  free  to  jom  or  form  other  confed- 
erations. The  state  body,  the  General  Union  of  Djiboutian  Workers  (UGTD)  and  the 
Democratic  Labor  Union  (UDT)  formed  a  confederation  in  1995  and  have  gained  in- 
creasing support  despite  government  harassment.  In  the  small  formal  economy, 
about  70  percent  of  workers  are  members  of  the  combined  UDT/UGTD  confed- 
eration. Previously  the  Government  controlled  individual  unions  by  making  mem- 
bership mandatory  in  the  state-organized  labor  confederation.  To  counter  the  UDT/ 
UGTD,  the  Government  created  the  Djiboutian  Labor  Congress  (CODJITRA),  com- 

Sosed  of  Ministry  of  Labor  officials.  At  its  June  meeting,  the  International  Labor 
Organization  (ILO)  determined  that  the  Government  had  violated  the  ILO  constitu- 
tion by  not  allowing  a  member  of  the  UDT/UGTD  confederation  to  join  the  workers' 
delegation  at  the  meeting.  The  headquarters  of  the  UDT/UGTD  confederation, 
sealed  ofi  by  the  Government  in  May  1996,  remains  closed,  and  their  bank  accounts 
remained  frozen  at  year's  end. 

The  law  requires  representatives  of  employees  who  plan  to  strike  to  contact  the 
Interior  Ministry  48  hours  in  advance.  All  strikes  during  the  year  were  legal.  Al- 
though the  labor  law  prohibits  employer  retribution  against  strikers,  the  teachers' 
strike  in  February  resulted  in  police  beating,  arbitrarily  arresting,  and  detaining 
teachers  and  union  leaders  and  briefly  detaining  hundreds  of  union  supporters  (see 
Sections  l.d.  and  2.b.).  The  Government  also  suspended,  fired,  or  transferred  scores 
of  teachers  active  in  the  union  to  less  desirable  assignments  in  rural  areas.  In  some 
cases,  union  leaders  were  forcibly  evicted  from  government-provided  housing.  Begin- 
ning in  January,  the  Government  stopped  providing  public  housing  for  civil  servants 
and  delayed  paying  housing  stipends. 

Unions  are  free  to  maintain  relations  and  exchanges  with  labor  organizations 
abroad.  The  UDT  has  been  a  member  of  the  ICFTU  since  1994. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Although  labor  has  the  legal 
right  to  organize  and  bargain  collectively,  collective  bargaining  rarely  occurs.  Rela- 
tions between  employers  and  workers  are  informal  and  paternalistic.  Wage  rates  are 
generally  establisned  unilaterally  by  employers  on  the  basis  of  Ministiy  of  Labor 
guidelines.  In  disputes  over  wages  or  health  and  safety  problems,  the  Ministry  of 
Labor  encourages  direct  resolution  by  labor  representatives  and  employers.  Workers 
or  employers  may  request  formal  administrative  hearings  before  tne  Ministry's  in- 
spection service,  but  critics  claim  that  the  service  suffers  from  poor  enforcement, 
due  to  its  low  priority  and  inadequate  funding.  The  law  prohibits  antiunion  dis- 
crimination, and  employers  found  guilty  are  legally  required  to  reinstate  workers 
fired  for  union  activities.  However,  the  law  does  not  appear  to  be  enforced. 

An  export  processing  zone  (EPZ)  was  established  in  1994.  Firms  in  the  EPZ  are 
exempt  irom  the  Government's  social  security  and  medical  insurance  programs.  In- 
stead, they  must  provide  either  government  or  private  accident  insurance.  The  mini- 


98 

mum  wage  in  the  EPZ  is  approximately  $1  per  hour.  Although  the  regular  work- 
week is  40  hours,  in  the  EPZ  it  is  45  hours.  An  employee  who  works  for  the  same 
firm  in  the  EPZ  for  at  least  1  year  has  the  right  to  15  days'  annual  leave,  compared 
with  30  days  in  the  rest  of  the  country  (see  Section  6.e.). 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  all  forced  or 
compulsory  labor  including  children;  while  this  is  generally  observed,  security  forces 
reportedly  sometimes  compel  illegal  immigrants  to  work  for  them  under  the  threat 
of  deportation. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  all  labor  by  children  under  the  age  of  14,  but  the  Government  does  not 
always  enforce  this  prohibition  efTectively,  and  a  shortage  of  labor  inspectors  re- 
duces the  likelihood  of  investigation  (see  Section  6.c.).  The  minimum  age  for  the  em- 
ployment of  children  is  14  years,  and  the  law  is  generally  respected.  However,  a 
shortage  of  labor  inspectors  reduces  the  likelihooa  of  investigations  being  carried 
out.  Children  are  generally  not  employed  for  hazardous  work.  Children  may  and  do 
work  in  familv-owned  businesses,  such  as  restaurants  and  small  shops,  at  all  hours. 

e.  Acceptable  Conditions  of  Work. — Only  a  small  minority  of  the  population  is  en- 
gaged in  wage  employment.  The  Government  administratively  sets  minimum  wage 
rates  according  to  occupational  categories,  and  the  Ministry  of  Labor  is  charged  with 
enforcement.  The  monthly  wage  rate  for  unskilled  labor,  set  in  1976,  is  approxi- 
mately $90  (15,000  Djiboutian  francs).  Most  employers  pay  more  than  the  minimum 
wage.  Some  workers  also  receive  housing  and  transportation  allowances.  The  mini- 
mum wage  for  unskilled  labor  does  not  provide  adequate  compensation  for  a  worker 
and  family  to  maintain  a  decent  standard  of  living. 

By  law  the  work  week  is  40  hours,  often  spread  over  6  days.  Some  employers  ask 
employees  to  work  up  to  12  hours  per  day  and  pay  them  an  additional  wage.  Work- 
ers are  provided  daily  and  weekly  rest  periods  and  paid  annual  leave.  The  Ministry 
of  Labor  is  responsible  for  enforcing  occupational  health  and  safety  standards, 
wages,  and  work  hours.  Because  enforcement  is  ineffective,  workers  sometimes  face 
hazardous  working  conditions,  particularly  at  the  port.  Workers  rarely  protest, 
mainly  out  of  fear  that  they  may  be  replaced  by  others  willing  to  accept  the  risks. 
There  are  no  laws  or  regulations  permitting  workers  to  refuse  to  carry  out  dan- 
gerous work  assignments  without  jeopardy  to  continued  employment. 


EQUATORIAL  GUINEA 

Equatorial  Guinea  is  nominally  a  multiparty  constitutional  republic,  but  in  reality 
power  is  exercised  by  President  Teodoro  Obiang  Nguema  through  a  small  subclan 
of  the  majority  Fang  tribe  which  has  ruled  since  the  country's  independence  in  1968. 
President  Obiang  was  elected  to  a  7-year  term  in  February  1996  in  elections  that 
were  marred  by  extensive  fraud  and  intimidation.  The  President's  Democratic  Party 
of  Equatorial  Guinea  (PDGE)  controls  the  judiciary  and  the  legislature,  the  latter 
also  through  fraudulent  elections. 

President  Obiang  exercises  control  over  the  police  and  security  forces  through  the 
Minister  of  the  Interior,  who  serves  as  president  of  the  national  electoral  board  as 
well.  The  security  forces  committed  numerous,  serious  human  rights  abuses. 

The  majority  of  the  population  of  approximately  400,000  lively  subsistence  agri- 
culture, supplemented  by  hunting  ana  fishing.  Barter  is  a  major  aspect  of  the  econ- 
omy, and  the  small  monetary  sector  is  based  on  exports  of  petroleum,  cocoa,  and 
timber.  Most  foreign  economic  assistance  has  been  suspended  due  to  the  lack  of  eco- 
nomic reform  and  the  Government's  repeated  violations  of  human  rights.  Substan- 
tial oil  deposits  were  discovered  in  1995,  and  exploitation  began  in  1996.  However, 
the  investment  and  other  use  of  oil  revenues  remains  a  closed  process  despite  re- 
peated calls  from  financial  institutions  and  citizens  for  financial  openness.  The 
country's  economic  potential  continues  to  be  undermined  by  poor  fiscal  management 
and  a  lack  of  transparency  in  public  finance.  A  National  Economic  Conference  held 
in  Bata  allowed  public  debate  on  the  use  of  oil  revenues  for  the  first  time. 

The  Government's  human  rights  record  remained  poor.  Serious  and  systematic 
human  rights  abuses  continued,  although  there  were  improvements  in  some  areas. 
Citizens  do  not  have  the  right  to  change  their  government.  Principal  abuses  by  the 
security  forces  included:  Physical  abuse  of  prisoners;  torture;  beating  of  detainees; 
arbitrary  arrest  and  detention;  extortion  from  prisoners;  searches  without  warrants, 
and  confiscation  of  property  without  due  process.  Officials  generally  took  no  action 
against  security  force  members  suspected  of  human  rights  abuses.  There  was  one 
report  of  extrajudicial  killing;  security  force  members  involved  in  this  killing  were 
tried,  convictea,  and  sentenced  to  jail  terms.  Prison  conditions  remained  life  threat- 


99 

ening.  The  judicial  system  does  not  ensure  due  process  and  is  subject  to  executive 
influence.  Tne  Government  somewhat  loosened  its  severe  restrictions  on  freedom  of 
speech  and  the  press.  It  permitted  the  establishment  of  independent  newspapers 
and  in  August  hosted  an  international  press  seminar.  The  Government  continues, 
however,  to  restrict  the  right  of  assembly,  and  does  not  always  respect  the  right  of 
association.  Discrimination  and  violence  against  women  and  foreigners  remain  seri- 
ous problems.  Discrimination  against  minorities,  particularly  the  Bubi  minority, 
persists. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  was  one  confirmed 
extrajudicial  killing.  On  January  22,  police  arrested  political  activist  Evaristo  Abaha 
in  the  Rio  Muni  town  of  Evinayong.  They  took  him  to  a  fxjlice  station,  bound  him, 
and  tortured  him  to  death.  The  Government  initially  denied  the  killing,  and  claimed 
that  the  opposition  had  fabricated  the  incident  to  discredit  the  Government.  The 
Government  later  acknowledged  the  incident,  tried  and  sentenced  those  responsible, 
but  only  after  Abaha's  death  had  received  wide  attention  in  the  international  press 
and  had  triggered  intense  criticism  by  opposition  parties,  which  were  then  in  a  dia- 
logue with  the  Government  over  a  new  national  pact  intended  to  curb  such  abuses. 
In  November  a  series  of  at  least  13  killings  involving  mutilation  of  victims  occurred 
in  Malabo  and  Bata.  The  killings  were  reportedly  carried  out  by  street  thugs  operat- 
ing under  the  protection  of  police  authorities.  Several  suspects  were  reportedly  ar- 
rested but  escaped  from  prison. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  level  of  these  abuses  is  serious,  but  they  are  less  frequent  and  widespread  than 
during  the  previous  year.  The  police  do  beat  detainees  severely.  In  May  police  ar- 
rested and  detained  opposition  party  members  in  Niefang  who  reportedly  suffered 
torture  (see  Section  l.d.).  Access  to  persons  in  custody  is  not  generally  permitted. 
Police  routinely  stop  members  of  the  opposition  at  roadblocks  and  subject  them  to 
search  and  extortion  scams.  Local  authorities  also  singled  out  foreigners  from  neigh- 
boring countries  for  harassment,  intimidation,  and  extortion. 

Two  f>olice  officers  accused  of  the  death  by  torture  of  activist  Evaristo  Abaha, 
were  convicted  and  sentenced  to  20  years'  imprisonment  (see  Section  l.a.). 

Prison  conditions  are  primitive  and  life  threatening.  Rations  are  inadequate,  and 
sanitary  conditions  practically  nonexistent.  Female  prisoners  are  housed  separately 
from  men. 

Prison  conditions  are  monitored  by  the  International  Committee  of  the  Red  Cross 
(ICRC),  which  makes  recommendations  to  the  Government.  However,  the  ICRC's  re- 
marks and  recommendations  are  not  released.  At  the  Government's  insistence,  they 
remain  restricted  to  the  ICRC,  the  Government,  and  the  local  Red  Cross,  which  is 
charged  with  implementing  the  recommendations.  TTiere  were  credible  reports  that 
the  suggested  changes,  such  as  providing  cells  with  cement  floors  and  allowing  pris- 
oners access  to  clean  water,  led  to  mild  improvements  in  otherwise  filthy  conditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — There  are  nominal  but  unenforced  legal 
procedural  safeguards  regarding  detention,  the  requirement  for  search  warrants, 
and  other  protection  of  citizens'  rights.  These  safeguards  are  systematically  ignored 
by  security  forces. 

Police  routinely  hold  prisoners  in  incommunicado  detention.  The  security  forces 
arrested  members  of  the  opposition  and  held  them  for  extended  periods  without  a 
hearing.  Foreigners  from  neighboring  countries  are  sometimes  targeted  for  arbitrary 
mistreatment  and  random  arrest.  These  include  visitors  from  Nigeria,  Ghana,  Togo, 
and  Benin.  Members  of  the  security  forces  often  resorted  to  these  crimes  in  order 
to  extort  money  prior  to  national  holidays. 

There  were  no  reports  of  long-term  political  detainees.  However,  during  the  year, 
the  Government  arrested  political  activists  and  detained  them  without  charge  for 
periods  of  up  to  10  weeks  or  longer,  while  they  were  at  times  interrogated,  beaten, 
and  tortured  (see  Section  I.e.).  The  Government  uses  the  psychological  effects  of  ar- 
rest, along  with  the  fear  of  future  beating  and  intimidation,  to  intimidate  opposition 
party  members. 

In  January  Convergencia  Para  La  Democracia  Social  (CPDS)  party  members 
Placido  Miko  and  Indalecio  Abuy  were  arrested  at  CPDS  headquarters  in  Mbini  for 
allegedly  holding  an  illegal  political  meeting.  The  two  were  taken  to  the  local  police 
station  and  initially  detained  for  3  hours.  When  15  party  members  went  to  the  po- 
lice station  to  inquire  as  to  the  charges,  police  arrested  them  as  well,  and  held  them 
in  detention  for  1  day.  Miko  and  Abuy  were  then  driven  to  Bata  and  released  the 


100 

following  day.  In  May  Abuy  was  again  jailed  and  interrogated  for  several  days  (see 
Section  2.d.). 

In  July  police  raided  a  private  home  in  Bata  and  arrested  14  members  of  the 
CPDS  for  holding  an  illegal  meeting.  Although  the  police  never  charged  the  14 
members  with  crimes,  they  were  fined  $35  each.  Only  one  person  had  the  money 
to  pay  the  fine;  the  others  spent  1  week  in  detention. 

La  May  Partido  Del  Progreso  (PP)  opposition  leader  Severo  Moto  purchased  arms 
in  Angola  and  attempted  to  import  them  for  use  in  overthrowing  the  F*resident.  The 
plot  was  uncovered  by  Angolan  authorities.  The  Gk)vemment  then  launched  a  na- 
tionwide crackdown  on  the  PP  and  another  opposition  group,  the  Fuerza 
Democratica  Republicana  (FDR),  as  yet  unrecognized  by  the  Government  as  an  offi- 
cial opposition  party.  Some  30  members  of  the  FDR  were  arrested  in  Rio  Muni  on 
suspicion  of  having  played  a  role  in  the  attempted  arms  shipment.  The  same  inci- 
dent sparked  the  arrest  of  47  members  of  the  PP  in  Niefang.  Three  other  PP  party 
members  were  arrested  in  Bata.  Credible  sources  reported  that  the  detainees  in 
Niefang  suffered  torture. 

In  August  the  (Government  arrested  20  FDR  sympathizers  and  placed  them  in 
metal  ship  containers  in  Bata,  where  they  repwrtedly  were  beaten  and  tortured. 
They  were  released  after  2  weeks.  The  (jovemment  also  arrested  a  journalist  on  Au- 
gust 22,  placed  him  with  the  others  in  the  ship  containers,  and  reportedly  tortured 
nim  for  1  week  through  repeated  beatings  on  the  feet  with  a  belt. 

On  November  18,  the  (jovemment  arrested  four  members  of  the  Bubi  tribe  at 
Baney  for  allegedly  being  members  of  the  unrecognized  Movement  for  the  Auto-De- 
termination of  the  Biolo  Island.  They  remained  detained  at  Blackbeach  prison  at 
year's  end. 

In  November  the  (jovernment  arrested  five  Union  Popular  activists  and  held  them 
without  charges  at  year's  end. 

In  December,  the  Government  arrested  and  mistreated  three  PP  members  in 
Bata.  They  may  have  been  released  from  custody  by  year's  end. 

For  the  first  time,  however,  the  (jovernment  prosecuted  and  punished  individual 
members  of  the  security  forces  who  were  responsible  for  extrajudicial  killing,  tor- 
ture, illegal  arrest,  and  detention.  Two  police  oflicers,  accused  of  the  death  by  tor- 
ture of  Evanista  Abaha,  were  convicted  and  sentenced  to  20  years'  imprisonment. 

The  (government  does  not  force  its  citizens  into  exile,  but  some  persons  who  were 
able  to  travel  abroad  have  sought  political  asylum.  During  government  raids  and 
arrests  around  the  Rio  Muni  town  oiMongomo,  several  dozen  individuals  reportedly 
fled  to  Gabon  to  escape  arrest. 

Opposition  figure  Celestino  Bacale,  who  had  fled  the  country  in  December  1996 
after  Deing  charged  with  insulting  the  President,  returned  to  Malabo  in  December 
without  any  action  by  authorities.  At  year's  end,  it  was  unclear  whether  the  1996 
charge  of  insulting  the  President  was  still  active  or  had  been  dropped  by  authorities. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  not  independent;  judges  serve  at 
the  pleasure  of  the  President  and  are  appointed,  transferred,  and  dismissed  for  po- 
litical reasons.  Corruption  is  rampant. 

The  court  system  is  composed  of  lower  provincial  courts,  two  appeals  courts,  and 
a  Supreme  Court.  The  President  appoints  members  of  the  Supreme  Court,  who  re- 
port to  him.  There  are  also  traditional  courts  in  the  countryside,  in  which  tribal  el- 
ders adjudicate  civil  claims  and  minor  criminal  matters. 

The  Constitution  and  laws  passed  by  the  Chamber  of  Deputies  provide  for  legal 
representation  and  the  right  to  appeal.  In  practice,  authorities  often  do  not  respect 
these  provisions.  Civil  cases  rarely  come  to  public  trial. 

In  August  a  three-judge  tribunal  tried  and  condemned  in  absentia  accused  coup 
plotter  Severo  Moto  and  sentenced  him  to  101  years  in  prison.  The  tribunal  also 

ftassed  down  sentences  of  36  years  for  three  Spanish  citizens  implicated  in  the  af- 
air. 

The  tribunal  also  dissolved  the  PP,  whose  leader,  Severo  Moto,  had  attempted  to 
import  weapons  for  a  coup,  although  party  leaders  allege  that  the  coup  attempt  was 
an  individual  initiative  and  not  a  party  effort  (see  Section  l.d.).  The  Government 
and  the  court  again  acted  illegally  ,as  tne  judiciary  is  not  empowered  under  law  to 
abolish  political  parties. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Government  does  not  enforce  the  law  requiring  judicial  warrants  for  searches.  Secu- 
rity forces  regularly  search  homes  and  arrest  occupants,  but  generally  do  so  without 
warrants.  Bata  police  reportedly  did  not  have  a  warrant  during  a  July  raid  on  a 
CPDS  meeting. 

The  (jovemment  launched  major  urban  renewal  campaigns  in  Bata  and  Malabo. 
A  government  commission  notified  owners  to  rebuild  or  repaint  houses  and  build- 
ings deemed  deficient  or  unsightly.  It  gave  residents  15  days  to  comply  with  the  re- 


101 

quest.  Some  persons  who  failed  to  improve  their  property  as  ordered  had  their  prop- 
erty razed  by  the  Government  without  compensation.  There  was  no  appeal  of  the 
commission's  determinations.  Foreigners,  especially  those  who  did  not  understand 
the  process  such  as  visitors  from  Cameroon  and  Nigeria,  were  hardest  hit. 

The  Government  does  not  overtly  force  officials  to  join  the  PDGE.  However,  for 
lawyers,  government  employees,  and  some  others,  PDGE  party  membership  is  nec- 
essary for  employment  and  promotion.  Even  in  the  private  sector,  many  citizens 
claim  that  party  membership  is  necessary  in  order  to  be  hired.  The  party  banner 
is  prominently  displayed  witn  the  national  flag  in  government  offices,  and  many  of- 
ficials wear  PUGE  lapel  pins. 

The  Governor  of  Eoibeyin  district  reportedly  enrolled  the  entire  adult  population 
into  the  PDGE  by  collecting  the  names  of  those  residing  in  the  district  and  adding 
them  to  the  party  roster  without  their  consent. 

There  is  reportedly  surveillance  of  members  of  the  opposition  parties  and  foreign 
diplomats. 

Credible  sources  state  that  citizens  living  in  rural  areas  are  hesitant  to  associate 
with,  or  even  be  seen  with  foreigners,  due  to  the  fear  of  repercussions  from  govern- 
ment authorities. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  the  Press. — The  Constitution  provides  for  freedom  of 
speech  and  of  the  press,  but  the  Government  severely  restricts  these  rights  in  prac- 
tice, althou^  somewhat  less  severely  than  in  past  years.  During  the  year,  the  Gov- 
ernment showed  more  tolerance  of  free  press  criticism.  It  legalized  the  national 
press  association  and  supported  an  international  press  seminar  in  Malabo  in  Au- 
gust. A  private  press  began  publishing  intermittently  in  1996  and  continued  during 
the  year.  The  Government  allows  mild  criticism  of  infrastructure,  public  institu- 
tions, and  government  mismanagement  and  permitted  some  increased  criticism  of 
minor  administrative  decisions.  The  Government,  however,  permits  no  criticism  of 
the  President  or  the  security  forces.  All  journalists  must  be  registered  with  the  Min- 
istry of  Information.  According  to  press  sources,  there  are  five  or  six  independent 
reporters  registered  with  the  Ministry  of  Information.  Between  30  and  40  reporters 
employed  by  the  official  party  or  government  publications  are  also  registered.  Visit- 
ing foreign  reporters  must  be  accompanied  by  guides  from  the  Ministry  of  Informa- 
tion. 

The  Ministry  of  Information  sometimes  requires  publishers  to  submit  copy  for  ap- 
proval prior  to  publication.  All  local  publications  exercise  self-censorship,  and  are 
subject  to  prior  restraint.  The  newspaper  El  Sol  alleged  that  the  Government  caused 
frequent  interruptions  in  electricity  and  other  utility  services  at  its  offices;  however, 
at  year's  end,  it  was  unclear  whether  the  alleged  interruptions  continued,  and  the 
newspaper  had  not  published  for  months  due  to  a  lack  of  paper.  Some  foreign  publi- 
cations are  available  for  sale,  although  security  forces  reportedly  peruse  the  con- 
tents of  publications  from  Spain  and  confiscate  literature  critical  of  the  Government. 
Outdated  copies  of  Spanish  and  American  newspapers  are  available  to  clients  of 
prominent  hotels.  Short  wave  broadcasts  and  government-controlled  radio  and  tele- 
vision are  available  to  citizens.  Spanish  language  broadcast  transmissions  have  been 
a  source  of  friction  with  the  Spanish  Government. 

Television  is  government-controlled  and  broadcast  only  a  few  hours  per  day.  Cable 
television  is  available,  broadcasting  Cable  News  Network,  MTV,  French  news,  mov- 
ies, and  cartoons.  The  Government  generally  withholds  access  to  broadcasting  by 
the  more  radical  opposition  parties,  and  rarely  refers  to  the  opposition  in  anything 
but  a  negative  light  when  broadcasting  the  news.  During  the  revised  national  pact 
debate,  however,  the  Government  allowed  the  proceedings  to  be  televised,  despite 
the  strong  criticism  expressed  against  the  Government  in  the  proceedings.  State- 
controlled  national  radio,  which  draws  a  far  wider  audience,  was  not  permitted  to 
broadcast  the  debate.  Opposition  parties  do  not  have  access  to  national  radio. 

There  are  no  institutions  of  higher  learning,  although  the  Government  con- 
structed several  buildings,  and  sent  contingents  of  professors  overseas  for  training. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  assembly;  however,  the  Government  restricts  this  right  in  practice.  Gov- 
ernment authorization  must  be  obtained  for  meetings  of  more  than  10  persons  in 
private  homes  for  discussions  that  the  regime  considers  political.  Although  the  Gov- 
ernment formally  abolished  permit  requirements  for  party  meetings  within  party 
buildings,  in  practice  opposition  parties  must  inform  authorities  in  order  to  hold 
gatherings  of  any  kind,  regardless  of  location. 

Gatherings  in  public  places,  even  small  gatherings,  are  generally  observed  by  se- 
curity forces.  The  Government  requires  notification  for  public  events,  and  routinely 
denies  permission  to  meet,  effectively  restricting  the  right  of  assembly. 


102 

Although  the  judiciary  lacks  the  legal  authority,  it  abolished  the  PP  party.  Oppo- 
sition parties  and  El  Sol  allege  that  the  Government  causes  frequent  electrical  and 
other  utility  interruptions  for  political  reasons. 

On  December  22,  security  forces  broke  up  a  meeting  of  the  CPDS  in  the  Rio  Muni 
town  of  Akelayong  and  arrested  12  party  members.  They  released  them  after  3 
hours. 

Also  on  December  22,  security  forces  broke  up  a  Union  Popular  Party  meeting  in 
the  Rio  Muni  town  of  Nkue  and  arrested  Cosma  Nsue,  the  municipal  chapter  head. 
Nsue  was  reportedly  beaten  by  his  jailers  and  at  year's  end  remained  in  detention. 

The  Constitution  provides  for  the  right  of  association;  however,  the  Government 
does  not  always  respect  this  right  in  practice.  Police  routinely  and  systematically 
harass  and  jail  members  of  opposition  parties.  Opposition  party  members  com- 
plained of  disruption  of  meetings  and  roadblocks  at  which  they  are  forced  to  pay 
soldiers  $30  in  order  to  proceed.  In  the  township  of  Nkimi,  near  Niefang,  govern- 
ment officials  reportedly  arrest  or  intimidate  visitors  wishing  to  call  on  the  hamlet's 
opposition  party  mayor.  National  government  authorities  reportedly  sabotaged  the 
Nkimi  municipal  government  by  preventing  local  authorities  from  collecting  reve- 
nues. Government  ofTicials  also  reportedly  stole  an  estimated  $4,000  from  the  mu- 
nicipal government. 

c.  Freedom  of  Religion. — The  Government  generally  respects  freedom  of  religion. 
However,  there  were  incidents  in  which  priests  and  nuns  were  arrested  and  Har- 
assed by  security  forces.  Government  oflicials  in  Bata  detained  and  intimidated 
Spanish  nuns  as  a  method  of  pressuring  the  government  of  Spain  to  issue  a  greater 
number  of  visas  to  influential  citizens.  In  July  security  forces  arrested,  jailed,  and 
deported  a  Spanish  priest,  claiming  that  he  was  a  spy.  Missionaries  in  Bata  and 
Malabo  reported  little  government  interference  in  their  work. 

There  is  no  state  religion,  and  the  Government  does  not  discriminate  against  any 
faith.  However,  the  Government  continues  to  restrict  freedom  of  expression  for  the 
clergy,  particularly  regarding  open  criticism  of  the  regime.  A  religious  organization 
must  first  be  formally  recognized  by  the  Ministry  of  Justice  and  Religion  before  its 
religious  activities  are  allowed.  The  significant  easing  of  restrictions  on  religious  ac- 
tivities reported  by  foreign  missionaries  in  1996  continued  during  the  year. 

d.  Freeaom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— In  principle,  freedom  of  movement  and  travel  throughout  the  country 
are  provided  for  in  the  law.  However,  local  police  routinely  demand  bribes  from  oc- 
cupants of  cars,  taxis,  and  other  vehicles  traveling  outside  the  capital.  Opposition 
activists  complain  of  harassment  at  roadblocks.  Police  routinely  stop  members  of  the 
opposition  at  roadblocks,  subject  them  to  searches,  and  extort  money  from  them. 
Nlembers  of  the  Bubi  ethnic  group  on  the  island  of  Bioko  are  unable  to  move  about 
freely,  according  to  credible  sources,  as  the  Government  fears  separatist  sympathies. 
Roadblocks  throughout  the  island  prevent  Bubis  from  traveling  between  villages. 

Although  all  citizens  are  required  to  have  permission  to  travel  abroad,  members 
of  opposition  parties  are  regularly  denied  this  permission  and  may  face  a  hostile  re- 
ception upon  their  return. 

In  May  political  activist  Indalecio  Abuy  was  jailed  by  security  officials  after  dis- 
embarking from  a  flight  from  Malabo.  Security  forces  interrogated  him  for  several 
days. 

(jovemment  officials  attempt  to  control  the  movements  of  opposition  party  mem- 
bers through  the  use  of  exit  visas  or  confiscation  of  passports.  Those  who  depart 
Malabo  witnout  an  exit  visa  must  travel  by  canoe  across  40  miles  of  open  ocean  to 
reach  mainland  Africa,  then  face  possible  immigration  charges  upon  their  return. 
In  June  government  officials  denied  the  exit  visa  of  CPDS  opposition  leader  Placido 
Miko,  who  wished  to  attend  a  political  conference  in  Europe.  Miko  eventually  de- 

Karted  Malabo  by  canoe.  After  numerous  diplomatic  appeals  to  the  Government, 
[iko  returned  to  Malabo  without  incident.  At  the  Malabo  airport,  government  offi- 
cials allegedly  confiscated  the  passport  of  Eloy  Elo  Mue  Mbengana,  founder  of  the 
unrecognized  FDR  party.  The  confiscation  led  to  the  cancellation  of  Elo's  travel 
plans.  He  later  departed  the  country  clandestinely  by  canoe. 

The  country  closed  its  land  borders  with  Cameroon  and  Gabon  to  its  own  citizens 
intermittently  in  June,  following  an  attempt  in  May  by  an  opposition  leader  to  in- 
vade the  country  and  overthrow  the  Government  (see  Section  l.d).  There  were  also 
numerous  arrests  in  Mongomo  and  Ebibeyin,  and  citizens  were  not  permitted  to  de- 
part the  country  for  a  period  of  time.  TTie  Government  also  closed  its  land  borders 
m  September  and  October  during  the  National  Conference. 

In  July  President  Obiang  told  a  gathering  of  foreigners  that  in  the  event  of  a  na- 
tional emergency  he  would  not  allow  foreign  governments  to  repatriate  their  citi- 
zens. The  remark  was  directed  at  foreigners  whom  the  President  tears  may  attempt 
to  finance  destabilization  of  his  Government. 


103 

There  are  both  refugees  and  asylum  seekers.  According  to  a  credible  source,  some 
20  refugees  from  Liberia,  Rwanda,  Sudan,  and  Mauritania  have  sought  political  asy- 
lum in  Equatorial  Guinea.  The  Government  generally  grants  these  requests.  Most 
foreigners  seeking  asylum,  however,  however,  do  not  oeclare  themselves  reftigees. 

On  November  5,  during  a  visit  by  President  Obiang  to  Gabon,  Gabonese  authori- 
ties there  arrested  two  Equatoguinean  citizens  and  surrendered  them  to 
Equatoguinean  security  forces  who  involuntarily  repatriated  them.  Both  were  reg- 
istered with  the  U.N.  High  Commissioner  for  Refugees  as  refugees. 

There  were  no  first  asylum  cases  during  the  year. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  nominally  provides  citizens  with  the  right  to  change  their  gov- 
ernment peacefully,  but  in  fact  there  have  been  no  free,  fair,  and  transparent  presi- 
dential elections  since  independence  in  1968.  The  President  exercises  complete 
power  as  Head  of  State,  commander  of  the  armed  forces,  and  leader  of  the  govern- 
ment party,  the  PDGE.  Leadership  positions  within  the  Government  are,  in  general, 
restricted  to  the  President's  subclan  and  closest  supporters.  While  there  is  an  elect- 
ed Chamber  of  Deputies,  it  is  not  representative  and  is  dominated  by  the  Govern- 
ment. The  Minister  of  the  Interior  also  acts  as  president  of  the  national  electoral 
board. 

The  February  1996  presidential  election,  in  which  President  Obiang  claimed  re- 
election victory  with  98  percent  of  the  vote,  was  considered  openly  U'audulent  by 
international  observers.  Some  opposition  politicians  who  campaigned  were  beaten 
and  jailed.  Voting  was  done  in  the  open  and  without  secrecy,  with  opposition  parties 
allegedly  being  barred  from  access  to  polling  areas.  There  were  credible  reports  of 
widespread  arrests  and  violence  against  opposition  party  members  before  the  elec- 
tions, as  well  as  of  beatings,  roadblocks,  stuffed  ballot  boxes,  and  open  voting  the 
presence  of  security  forces.  Most  opposition  parties,  claiming  that  it  was  futile  to 
run  amidst  such  blatant  corruption,  boycotted  the  elections. 

In  April  the  Government  and  13  political  parties  promulgated  a  revised  national 
peict  following  3  months  of  debate.  The  pact  calls  for  the  creation  of  a  multiparty 
Electoral  Commission  and  an  Observance  Commission  to  monitor  compliance  with 
the  agreement.  The  pact  also  stipulated  an  end  to  various  political  and  electoral 
abuses  and  the  extension  of  voting  rights  already  nominally  provided  for  in  the  Con- 
stitution. However,  the  Government  has  yet  to  abide  by  any  of  the  pact's  provisions. 
Oppositions  activists  report  that  the  Government  has  made  no  effort  to  implement 
the  pact.  The  Government's  refusal  to  issue  exit  visas  to  opposition  figures  violates 
the  pact's  principle  of  freedom  of  travel.  The  continued  arrests  of  CPDS,  PP,  and 
FDR  activists  further  undermined  the  Government's  claims  that  it  abides  by  the 

f)act,  as  do  its  continued  restrictions  on  freedom  of  movement  and  the  continued 
ack  of  access  to  government  media  by  the  opposition.  During  the  debate  on  the  na- 
tional pact,  one  opposition  figure  was  assaulted  by  government  security  forces  after 
meeting  with  a  foreign  diplomat.  The  Government  excluded  the  CPDS  party  from 
the  national  pact  dialog  when  the  party  failed  to  attend  the  opening  session,  but 
independent  sources  asserted  that  the  Government  deliberately  barred  the  CPDS 
because  it  feared  the  party's  strength.  The  CPDS,  however,  participates  in  the  pact's 
Observance  Commission.  The  nominally  multiparty  Electoral  Commission  was  not 
functioning  at  year's  end. 

Although  there  are  no  legal  restrictions  on  the  participation  of  women  in  politics, 
women  remain  seriously  underrepresented  in  government  |X)sitions.  There  are  2 
women  in  the  42-member  Cabinet,  and  5  in  the  80-member  legislature. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  no  effective  local  human  rights  nongovernmental  organizations.  Am- 
nesty International  has  no  permanent  presence  in  the  country.  The  Government 
does  not  recognize  its  reports  or  acknowledge  their  credibility. 

The  United  Nations  Special  Rapporteur  for  Human  Rignts  visited  in  December 
1996  and  received  the  Government  s  cooperation. 

The  Government  established  a  Parliamentary  Commission  on  Human  Rights  ap- 
proximately 5  years  ago.  This  organization,  however,  has  rarely  been  heard  from, 
and  has  little  credibility  or  inOuence. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 
While  the  Constitution  condemns  all  forms  of  discrimination,  both  governmental 
and  societal  discrimination  continue.  These  are  refiected  in  traditional  constraints 
on  women's  education  and  in  restricted  opportunities  for  professional  and  occupa- 


/i  c  nr\n      no 


104 

tional  achievement  by  ethnic  minorities.  The  Government  deliberately  limits  poten- 
tial opportunities  for  ethnic  minorities. 

Women. — Societal  violence  against  women,  particularly  wife  beating,  is  common. 
F*ublic  beating  of  wives  is  forbiaden  by  government  decree,  but  violence  in  the  home 
is  generally  tolerated.  The  Government  does  not  prosecute  perpetrators  of  domestic 
violence. 

Although  the  Constitution  provides  for  equal  rights,  women  are  largely  confined 
by  custom  to  traditional  roles,  particularly  in  agriculture.  Polygyny,  which  is  wide- 
spread among  the  Fang,  contrioutes  to  women  s  secondary  status,  as  does  limited 
educational  opportunity.  On  average  women  receive  only  one-fillh  as  much  schooling 
as  men. 

There  is  no  discrimination  against  women  with  regard  to  inheritance  and  family 
laws,  but  there  is  discrimination  in  traditional  practice.  For  an  estimated  90  percent 
of  women,  including  virtually  all  ethnic  groups  except  the  Bubi,  tradition  dictates 
that  if  a  marriage  is  dissolved^  the  wife  must  return  the  dowry  given  her  family  by 
the  bridegroom  at  the  time  of  marriage,  while  the  husband  automatically  receives 
custody  of  all  children  bom  after  the  marriage.  The  mother  maintains  custody  of 
all  children  bom  prior  to  marriage. 

Similarly,  in  the  Fang,  Ndowe,  and  Bisio  cultures,  primogeniture  is  practiced,  and 
as  women  become  members  of  their  husband's  family  upon  marriage,  they  usually 
are  not  accorded  inheritance  rights.  According  to  the  law,  women  have  the  right  to 
buy  and  sell  property  and  goods,  but  in  practice  the  male-dominated  society  permits 
few  women  access  to  sufficient  funds  to  engage  in  more  than  petty  trading  or  to  pur- 
chase real  property  beyond  a  garden  plot  or  modest  home. 

Children. — There  are  no  legislated  provisions  for  the  welfare  of  children.  The  Gov- 
ernment devotes  little  attention  to  children's  rights  or  their  welfare,  and  has  no  set 
policy  in  this  area.  The  education  of  Bubi  children  is  virtually  ignored  by  the  Gov- 
ernment. Education  is  compulsory  up  to  the  age  of  18,  but  the  Government  does  not 
enforce  the  law. 

People  With  Disabilities. — There  is  no  constitutional  or  legal  provision  for  the 

¥hysically  disabled  with  respect  to  discrimination  in  employment  or  education, 
here  is  no  legislation  mandating  accessibility  for  the  disabled  to  buildings  or  gov- 
ernment services. 

National  / Racial  / Ethnic  Minorities. — There  is  no  legal  discrimination  against  eth- 
nic or  racial  minorities,  and  the  Government  does  not  overtly  limit  their  participa- 
tion; however,  the  monopolization  of  political  power  by  the  President's  Mongomo 
subclan  of  the  Fang  ethnic  group  persists.  In  practice  some  members  of  minorities 
face  discrimination  because  they  are  not  members  of  the  Fang  ethnic  group,  or  be- 
long to  a  subclan  other  than  the  President's.  Minorities  do  not  face  discrimination 
in  inheritance,  marriage,  or  family  laws. 

Several  thousand  citizens  of  Nigeria,  Ghana,  and  Francophone  Africa  continue  to 
reside  in  the  country.  Most  are  small  traders  and  business  people.  There  are  numer- 
ous reports  of  their  harassment  by  the  police  (see  Section  l.d.). 

Section  6.  Worker  Rights 

a.  The  Ri^ht  of  Association. — Although  the  Constitution  provides  for  the  right  to 
organize  unions,  the  Government  has  not  passed  enabling  legislation.  A  1995  peti- 
tion by  service  sector  employees  to  form  a  union  in  the  mainland  capital  of  Bata 
has  yet  to  be  answered  by  the  Government.  In  the  small  wage  economy,  no  labor 
union  exists,  although  there  are  a  few  cooperatives  with  limited  power.  The  law  pro- 
hibits strikes.  The  Labor  Code  contains  provisions  to  uphold  worker  rights,  but  the 
Government  generally  does  not  enforce  them. 

It  is  generally  acknowledged  that  membership  in  the  PDGE  is  a  prerequisite  for 
hiring  and  promotion,  both  in  the  public  and  private  sectors.  Membership  in  a  rival 
political  organization  is  considered  grounds  for  dismissal  from  any  position,  public 
or  private.  Opposition  politicians  often  claim  to  have  been  dismissed  from  their  jobs 
aft^r  joining  alternate  political  groups.  During  the  1996  presidential  elections,  sev- 
eral large  private  employers  reportedly  threatened  to  dismiss  workers  who  did  not 
vote  for  President  Obiang. 

Hiring  by  the  oil  industry,  one  of  the  country's  major  employers,  is  largely  con- 
trolled by  the  Government,  which  operates  through  an  agency,  APEGESA.  Inde- 
pendent sources  confirm  that  APEGESA,  in  screening  applicants  for  positions,  ex- 
cludes those  whom  it  considers  unfriendly  or  indifferent  to  the  PDGE.  APEGESA 
reportedly  keeps  nearly  two-thirds  of  employees'  wages.  Oil  workers  earning  $47  per 
dav  reportedly  receive  only  $16;  the  remainder  is  kept  by  APEGESA,  which  is  alleg- 
edly managed  by  the  Minister  of  Mines  and  Energy.  When  several  employees  signed 
a  petition  complaining  of  this  treatment,  they  were  fired. 

The  Government  did  not  allow  unions  to  affiliate  internationally. 


105 

b.  The  Right  to  Organize  and  Bargain  Collectively. — There  is  no  legislation  regard- 
ing these  rights  or  prohibiting  antiunion  discrimination.  There  is  no  evidence  of  col- 
lective bargaining  by  any  group.  Wages  are  set  by  the  Government  and  employers, 
with  little  or  no  participation  by  the  workers.  Employers  must  pay  the  minimum 
wages  set  by  the  Government,  and  most  companies  pay  more  than  the  government- 
established  minimum. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  law  forbids  forced  or  bonded 
labor  and  slavery,  and  there  were  no  reports  that  these  activities  took  place.  Con- 
victed felons  do,  within  the  law,  perform  extensive  labor  outside  prison  without  com- 
pensation. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  labor 
code  prohibits  forced  or  bonded  labor  by  children,  and  there  were  no  reports  that 
it  exists  (see  Section  6.c.).  The  legal  minimum  age  for  child  employment  is  18  years, 
but  the  Ministry  of  Labor  does  not  enforce  this  law.  The  Government  also  does  not 
enforce  the  law  that  stipulates  mandatory  education  up  to  the  age  of  18.  Underage 
youth  perform  both  family  farm  work  and  street  vending. 

e.  Acceptable  Conditions  of  Work. — The  law  prescribes  a  standard  35-hour  work- 
week and  a  48-hour  rest  period  which  are  observed  in  practice  in  the  formal  econ- 
omy. The  minimum  monthly  wage  is  approximately  $44  (cfa  27,000).  The  minimum 
wage  does  not  provide  for  a  decent  standard  of  living  for  a  worker  and  family.  The 
Labor  Code  provides  for  comprehensive  protection  lor  workers  from  occupational 
hazards;  however,  the  Government  does  not  enforce  this  in  practice.  Employees  who 
protest  unhealthy  or  dangerous  working  conditions  risk  losing  their  jobs. 


ERITREA 

Eritrea  became  an  independent  state  in  1993,  following  an  internationally  mon- 
itored referendum  in  which  citizens  voted  overwhelmingly  for  independence  from 
Ethiopia.  The  Eritrean  People's  Liberation  Front  (EPLF),  which  led  the  30-year  war 
for  independence,  has  controlled  the  country  since  it  defeated  Ethiopian  armed 
forces  in  1991;  its  leader,  Isaias  Afwerki,  serves  as  President.  The  People's  Front 
for  Democracy  and  Justice  (PFDJ),  the  core  of  the  former  EPLF,  which  split  off  from 
the  Government  in  1994  is  the  sole  political  party.  The  Government  did  not  fulfill 
its  stated  program  to  hold  elections  in  1997;  elections  are  planned  for  1998.  How- 
ever, there  was  some  progress  in  democratization.  In  1994  the  National  Assembly, 
partially  appointed  by  the  PFDJ  leadership  and  partially  elected,  created  a  50-mem- 
Der  National  Constitutional  Commission  to  draft  a  constitution.  After  a  broad  proc- 
ess of  consultation  and  civic  education,  the  Constitution  was  ratified  by  a  constitu- 
ent assembly  elected  from  newly  elected  local  assemblies  on  May  24.  It  provides  for 
democratic  freedoms,  but  public  understanding  of  its  implications  remains  limited. 
The  judiciary  remains  independent  but  weak. 

The  police  are  generally  responsible  for  maintaining  internal  security,  although 
the  Government  may  call  on  the  40,000-member  armed  forces,  the  reserves,  and  de- 
mobilized soldiers  in  times  of  internal  disorder.  The  army  is  responsible  for  external 
and  border  security.  Since  1993  the  army  has  been  forced  to  deal  with  the  Eritrean 
Islamic  Jihad  (EIJ),  a  small,  Sudan-based  insurgent  group  that  has  mounted  terror- 
ist attacks  in  northern  and  western  Eritrea.  Increased  EjIJ  activity,  coupled  with  a 
buildup  of  Sudanese  forces  along  the  Western  border,  led  the  Government  to  in- 
crease security  and  deploy  much  the  army  to  the  West.  Some  members  of  the  secu- 
rity forces  committed  human  rights  abuses. 

Eritrea  began  a  transition  from  a  deteriorating  centrally  planned  economy  to  a 
free-market  economy  through  the  privatization  oi  formerly  state-owned  enterprises 
and  the  liberalization  of  investment  and  trade.  While  trade,  services,  and  manufac- 
turing provide  the  greatest  portion  of  gross  domestic  product,  the  rural  economy  is 
largely  based  on  subsistence  agriculture,  with  more  than  70  percent  of  the  popu- 
lation of  3.6  million  involved  in  farming  and  herding.  The  small  industrial  sector 
consists  mainly  of  light  industries,  many  using  outmoded  technologies.  International 
economic  assistance  has  accounted  for  a  significant  portion  of  external  revenues, 
with  loans  replacing  grants.  The  country  is  extremely  poor,  with  an  average  annual 
per  capita  income  of  less  than  $238. 

The  Government  generally  resf)ected  the  rights  of  its  citizens  in  some  areas,  but 
serious  problems  remain.  Citizens  do  not  have  the  right  to  change  their  government, 
which  is  dominated  by  the  PFDJ.  Although  a  constituent  assembly  ratified  a  new 
constitution,  the  Government  did  not  fulfill  its  stated  program  for  a  transition  to 
democracy  by  1997.  The  Government  does  not  permit  prison  visits  and  arbitrary  ar- 


106 

rest  and  detention  is  a  problem.  An  unknown  number  of  persons  suspected  of  asso- 
ciation with  the  Ethiopian  Mengistu  regime,  radical  Islamic  elements,  or  terrorist 
organizations  remain  in  detention.  The  undeveloped  iudicial  system  limits  the  provi- 
sion of  speedy  trials,  and  the  use  of  military  courts  limits  due  process.  The  Govern- 
ment restricts  press  freedom,  including  the  rights  of  the  religious  media,  and  limits 
freedom  of  association.  The  Government  restricts  religious  freedom  and  freedom  of 
movement.  There  are  no  domestic  or  intemationsd  human  rights  organizations.  Soci- 
etal discrimination  against  women  is  a  problem,  and  female  genital  mutilation 
(FGM)  remains  widespread. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Ethiopian  Penal  Code,  as  modified  by  the  transitional  Penal  Code  of  Eritrea, 
prohibits  torture,  and  there  were  no  reports  that  the  authorities  employed  it. 

Prison  conditions  are  Spartan.  The  Government  does  not  permit  prisoners  to  cor- 
respond with  family  and  friends  and  restricts  visitation  privileges.  There  were  no 
confirmed  reports  that  prisoners  were  beaten  or  that  any  prisoner  died  due  to  lack 
of  proper  medical  care;  however,  there  were  persistent  unconfirmed  reports  of  mis- 
treatment of  persons  in  detention. 

The  Government  does  not  permit  independent  monitoring  of  conditions  in  deten- 
tion facilities. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Penal  Code  stipulates  that  detainees 
may  be  held  for  a  maximum  of  30  days  without  being  charged  with  a  crime.  In  prac- 
tice the  authorities  sometimes  hold  persons  suspected  of  crimes  for  much  longer  pe- 
riods. In  1995,  on  the  second  anniversary  of  independence,  the  Government  par- 
doned and  released  91  detainees  who  had  been  hela  for  up  to  4  years  for  collabora- 
tion with  the  Mengistu  regime.  An  unknown  number  of  additional  suspected  collabo- 
rators remain  in  detention  without  charge,  despite  a  statement  by  President  Isaias 
later  in  1995  that  their  cases  would  be  considered  soon.  An  unspecified  number  of 
persons  associated  with  radical  Islamic  elements  or  suspected  terrorist  organiza- 
tions also  remained  in  detention  without  charge.  There  were  unconfirmed  reports 
that  the  Government  arbitrarily  holds  several  Eritrean  Liberation  Front  (ELF) 
members.  Military  authorities  sometimes  arbitrarily  arrest  and  detain  former  com- 
batants who  violate  the  military's  unwritten  code  of  conduct  (see  Section  I.e.). 

The  Government  detained  a  journalist  in  March  for  inaccurate  reporting,  and  con- 
tinued to  hold  her  indefinitely  without  trial  at  year's  end  (see  Section  2.a.). 
The  Government  does  not  use  exile  as  a  means  of  political  control. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  independent  but  weak,  although 
there  were  no  known  incidents  of  executive  interference  in  the  judicial  process  dur- 
ing the  year. 

The  iudiciary  consists  of  lower  courts  and  an  Appellate  Court.  The  undeveloped 
judicial  system  suffers  from  a  lack  of  trained  personnel,  adequate  funding,  and  in- 
frastructure that  in  practice  limits  the  State's  ability  to  grant  accused  persons  a 
speedy  trial.  At  independence  the  Government  chose  to  retain  the  Ethiopian  legal 
system.  Under  this  Code,  simple  crimes  are  brought  to  the  lower  court  and  are 
heard  by  a  single  judge.  Serious  crimes  are  tried  publicly  by  a  panel  of  three  judges, 
and  defendants  have  access  to  legal  counsel,  usually  at  their  own  expense. 

Although  there  is  no  formal  public  defender's  office,  the  Government  has  success- 
fully requested  that  attorneys  work  without  fee  to  represent  defendants  accused  of 
serious  crimes  who  are  unable  to  afford  legal  counsel.  Defendants  may  appeal  ver- 
dicts to  the  Appellate  Court,  which  is  composed  of  a  president  and  five  judges. 

As  a  result  of  the  lack  of  legally  trained  personnel,  the  Ministry  of  Justice  was 
unable  to  process  a  large  volume  of  civilian  corruption  cases,  which  were  handled 
by  the  Ministry  of  Defense,  In  1997  the  Eritrean  Press  reported  that  2,431  civilians 
had  been  tried  by  special  military  courts.  Approximately  half  were  fined  and  impris- 
oned, while  360  were  found  not  guilty.  In  military  courts  there  are  usually  no  de- 
fense lawyers  and  no  right  of  appeal.  The  continued  handling  of  civilian  cases  by 
military  courts  raises  problems  of  due  process. 

Since  the  population  is  largely  rural,  most  citizens  only  have  contact  with  the 
legal  system  through  traditional  courts.  Village  judges,  appointed  by  a  panel  of  gov- 
ernment magistrates,  provide  justice  in  civil  matters.  Criminal  cases  are  transferred 
to  magistrates  versed  m  criminal  law.  Many  local  issues — for  example,  property  dis- 
putes and  most  petty  crimes — are  adjudicated  by  local  elders  according  to  customs 


107 

or,  in  the  case  of  Muslims,  Shari'a  law.  The  traditional  courts  cannot  impose  sen- 
tences that  involve  physical  punishment. 

Crimes  allegedly  committed  by  members  of  the  military  forces  are  handled  by 
military  courts.  Senior  former  fighters  are  often  held  to  a  stringent  unwritten  code 
of  conduct,  and  violations  of  this  code  are  handled  within  the  governing  circle  out- 
side the  normal  judicial  process.  Some  former  fighters  accused  oT  violating  this  circle 
of  trust  have  been  arrest  and  held  without  formal  charge.  Senior  government  offi- 
cials are  summarily  relieved  of  their  duties  if  they  in  any  way  overstep  their  role 
or  make  mistakes. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Under 
the  law,  warrants  are  required  before  the  Government  can  monitor  mail,  telephones, 
or  other  means  of  private  communication.  Warrants  also  are  reauired  in  routine 
searches  and  seizures,  except  in  cases  where  authorities  believe  individuals  may  at- 
tempt to  escape  or  destroy  evidence.  There  is  no  evidence  that  the  Government  mon- 
itors or  has  monitored  private  mail  or  telephone  service.  The  Government  has  not 
yet  allowed  access  to  the  Internet  through  the  telecommunications  system.  The  Gov- 
ernment may  ban  the  import  of  any  foreign  publications  (see  Section  2. a.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press;  however,  individuals  must  be  cautious  in  stating  their  views  in 
public  since  the  Ministry  of  Internal  Affairs  detained  one  person  wnose  remarks  it 
considered  inappropriate.  The  June  arrest  of  an  Eritrean-American  citizen  for  re- 
marks allegedly  made  while  in  the  United  States  underscored  the  authority  of  the 
Ministry  to  arrest  people  based  on  suspicion. 

The  Government  controls  all  media,  which  include  three  newspapers,  one  radio 
station,  and  one  television  station.  The  Government  may  ban  the  import  of  any  for- 
eign publication,  and  the  press  proclamation  forbids  the  local  reprinting  of  articles 
from  banned  publications.  The  Government  continued  to  restrict  the  rights  of  the 
religious  media  to  comment  on  politics  or  government  policies.  In  theory  nonreli- 
gious  print  media  are  free  to  criticize  the  Government.  Nonetheless,  criticism  tends 
to  be  limited  and  fairly  mild.  Although  there  is  no  formal  censorship  body,  the 
media  practice  self-censorship.  The  arrest  and  detention  without  trial  in  March  of 
an  Agence  France  Presse  correspondent  and  a  PFDJ  member  in  March  for  falsely 
reporting  remarks  made  by  President  Isaias  raised  further  doubts  about  press  free- 
dom. The  open-ended  jail  sentence  the  reporter  received  without  a  trial  denied  her 
due  process. 

The  Government's  press  proclamation  allows  for  individuals  to  publish  news- 
papers, and  private  newspapers  and  magazines  began  to  publish  toward  the  end  of 
the  year.  It  does  not  allow  lor  private  ownership  oT  any  broadcast  media  or  foreign 
ownership  of  any  media.  The  proclamation  requires  that  all  newspapers  obtain  a  li- 
cense from  the  Ministry  of  Information  before  publication  and  that  all  reporters  reg- 
ister with  the  Ministry.  The  Government  may  also  punish  "whosoever  insults, 
abuses,  defames,  or  slanders  the  Government  or  one  oi  the  constituted  legislative, 
executive,  or  judicial  authorities,"  and  forbids  the  publication  of  any  matter  that 
contravenes  general  morality.  This  authority  has  hindered  the  development  of  print 
or  broadcast  media  critical  of  the  Government. 

Academic  freedom  is  respected  at  the  one  institution  of  higher  education,  the  Uni- 
versity of  Asmara. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Government  requires  a 

fiermit  from  the  Ministry  of  Internal  Affairs  for  a  public  meeting  or  demonstration, 
n  general  permits  are  granted  freely  for  nonpolitical  meetings  or  gatherings,  and 
although  no  political  demonstrations  have  occurred,  there  were  no  reports  that  per- 
mits for  political  demonstrations  were  denied. 

The  Constitution  states  that  every  citizen  shall  have  the  right  to  form  organiza- 
tions for  political,  social,  economic,  and  cultural  ends.  However,  the  PFDJ  has  stated 
its  opposition  to  the  formation  of  any  religiously  or  ethnically  based  parties. 

c.  Freedom  of  Religion. — ^Although  the  Constitution  provides  for  freedom  of  reli- 
gion, the  Government  has  banned  religious  organizations  from  involvement  in  poli- 
tics. The  Government  has  discouraged  foreign  religious  groups  and  NGO's  from 
proselytizing,  as  it  believes  this  could  create  unnecessary  friction  in  the  delicate  bal- 
ance between  the  Muslim  and  Christian  populations.  In  a  1995  proclamation,  it  de- 
scribed specific  guidelines  on  the  role  of  religion  and  religion-affiliated  NGO's  in  de- 
velopment and  government,  stating  that  development,  politics,  and  public  adminis- 
tration are  the  sole  responsibility  of  the  Government  and  people.  As  a  result,  reli- 

flous  organizations  may  fund,  but  not  initiate  or  implement,  development  projects, 
he  proclamation  also  sets  out  rules  governing  relations  between  religious  organiza- 
tions and  foreign  sponsors. 


108 

The  Constitution  provides  for  the  "freedom  to  practice  any  religion  and  to  mani- 
fest such  practice."  However,  government  p)er8ecution  of  the  small  community  of  Je- 
hovah's Witnesses  continued.  In  1994  the  Government  revoked  the  trading  licenses 
of  Jehovah's  Witnesses  and  dismissed  those  who  worked  in  the  civil  service.  This 
governmental  action  resulted  in  economic,  employment,  and  travel  difficulties  for  Je- 
hovah's Witnesses,  especially  former  civil  servants  and  businessmen.  In  addition,  in 
April,  the  government  labor  office  issued  a  form  to  all  employers  in  Asmara  and  the 
surrounding  area  requesting  information  on  any  personnel  who  were  Jehovah's  Wit- 
nesses. 

Jehovah's  Witnesses  have  refused  universally  on  religious  grounds  to  participate 
in  national  service  or  vote  in  a  referendum.  This  spurred  widespread  criticism  that 
the  members  were  collectively  shirking  their  civic  auty.  The  harsh  measures  for  re- 
fusal to  participate  in  national  service  were  applied  only  to  Jehovah's  Witnesses.  In 
addition  to  the  Government's  continued  denial  of  passports,  Jehovah's  Witnesses  are 
also  denied  identification  cards,  trading  licenses,  and  government  housing.  However, 
they  are  not  barred  from  meeting  in  private  homes. 

Authorities  closed  a  foreign-based  NGO  associated  with  an  evangelical  church  be- 
cause, according  to  the  Government,  its  proselytizing  activities  in  a  Muslim  district 
could  have  caused  religious  friction.  The  Government  restricts  the  rights  of  the  reli- 
gious media  to  comment  on  politics  or  government  policies  (see  Section  2. a.). 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  fully  for  the  rights  of  movement  and  emigra- 
tion. In  general  citizens  may  live  where  they  choose  and  travel  freely  throughout 
the  country.  Some  areas  are  restricted  for  security  reasons,  however.  In  particular, 
clashes  between  government  forces  and  Eritrean  Islamic  Jihad  members  have  led 
the  Government  to  restrict  travel  along  much  of  the  border  with  Sudan.  Some  areas 
remain  heavily  mined,  a  legacy  of  the  war  for  independence,  and  occasionally  new 
mines  are  set  by  the  EIJ,  leading  to  additional  travel  restrictions. 

Citizens  are  largely  free  to  travel  outside  the  country,  although  Jehovah's  Wit- 
nesses, former  ruling  party  members,  those  who  have  not  completed  national  serv- 
ice, and  intending  emigrants  have  been  denied  passports  or  exit  visas  and  can  only 
leave  the  country  by  traveling  overland  to  Ethiopia.  In  general  citizens  have  the 
right  to  return.  Instances  in  which  citizens  living  abroad  nave  run  afoul  of  the  law, 
contracted  a  serious  contagious  disease,  or  been  declared  ineligible  for  political  asy- 
lum by  other  governments  are  considered  on  a  case-by-case  basis. 

The  Government  cooperates  with  the  Office  of  the  U.N.  High  Commissioner  for 
Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees.  The 
Government  provides  first  asylum  and  provided  it  to  Sudanese  refugees  from  the 
conflict  in  Sudan  during  the  year.  The  Eritrean  Relief  and  Refugee  Commission,  a 
government  agency,  is  the  principal  organization  for  refugee  issues. 

A  pilot  refugee  return  program  resulted  in  the  repatriation  of  25,000  refugees 
from  Sudan  in  1995.  However,  a  further  100,000  of  the  estimated  150,000  to  300,000 
Eritrean  refugees  remaining  in  Sudan  were  not  repatriated  under  a  program  spon- 
sored by  the  UNHCR  because  of  the  failure  of  the  governments  of  Eritrea  and 
Sudan  to  conclude  an  agreement  on  the  modalities  of  such  a  repatriation.  All 
UNHCR  foreign  staff  members  were  expelled  from  Eritrea  in  May  because  of  activi- 
ties that  the  Government  alleged  were  inconsistent  with  the  UNHCR  mandate. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Although  the  Constitution  provides  this  right,  citizens  have  not  been  able  to 
change  their  government  in  multiparty  elections  since  1991.  Credible  reports  sug- 
gest that  authority  within  the  Government  is  very  narrowly  held.  The  Government 
18  dominated  by  the  PFDJ.  The  PFDJ  did  not  fulfill  the  ambitious  program  that  it 
had  outlined  for  transition  to  a  democratically  elected  government  by  1997.  Its  lead- 
ership stated  that  public  education  and  institutional  structures  were  needed  before 
multiparty  democracy  would  be  established. 

In  an  effort  to  encourage  broader  participation  by  women  in  politics,  the  PFDJ 
named  3  women  to  the  Party's  executive  council  and  12  women  to  the  central  com- 
mittee. Women  participated  in  the  Constitutional  Commission,  are  represented  in 
local  assemblies,  and  nold  senior  government  positions,  including  the  position  of 
Minister  of  Justice. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Ministry  of  Foreign  Affairs  and  the  Ministry  of  Internal  Affairs  are  jointly 
responsible  for  handlingliuman  rights  inquiries.  All  NGO's  also  must  register  with 
the  Eritrean  Relief  and  Refugee  Commission.  There  are  no  domestic  or  international 


109 

human  rights  organizations.  In  April  the  Government  proclaimed  a  policy  to  restrict 
NGO's  to  supporting  the  Government  in  the  sectors  of  health  and  education.  The 
Government  reported  no  applications  or  registrations  of  human  ri^ts  NGO's  during 
the  year.  It  expelled  all  UNHCR  foreign  staff  members  from  the  country  in  May  (see 
Section  2.d.). 

In  1995  the  Government  proclaimed  that  religious  organizations,  including  reli- 
gious-based NGO's,  could  not  engage  in  development  activities.  The  Government 
also  removed  religious-based  indigenous  NGO's  completely  from  relief  work  in  order 
to  prevent  the  development  of  church-based  organizations  receiving  money  from 
abroad.  It  closed  one  religious  NGO. 

A  governmental  proclamation  issued  in  May  1996  required  that  all  private  NGO's 
hire  those  who  have  completed  their  national  service.  This  proclamation  was  part 
of  the  Government's  effort  to  establish  a  national  service  program  as  a  legal  obliga- 
tion of  all  citizens  regardless  of  their  religious  beliefs. 

AH  foreign  staff  members  of  NGO's  (or  of  any  nondiplomatic  organization)  who 
live  and  work  in  the  country  for  more  than  183  days  must  pay  the  highest  income 
tax  rate,  38  percent  of  their  salaries  and  allowances.  This  tax  situation  has  encour- 
aged the  departure  of  NGO's;  most  NGO's  left  at  the  Government's  request. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  transitional  civil  code  prohibits  discrimination  against  women,  children,  and 
people  with  disabilities,  and  the  Government  generally  enforces  it. 

Women. — The  (jovemment  has  publicly  taken  a  firm  stand  against  domestic  vio- 
lence; health,  police,  and  judicial  authorities  report  that  no  serious  domestic  violence 
problem  exists. 

The  Government  consistently  advocated  improving  the  status  of  women,  many  of 
whom  played  a  significant  role  as  fighters  in  the  struggle  for  independence.  Since 
women  have  enjoyed  the  ri^ts  to  equal  educational  opportunities,  equal  pay  for 
equal  work,  and  legal  sanctions  against  domestic  violence.  In  1994  the  Third  Party 
Congress  advocated  more  ri^ts  for  women,  including  parity  in  the  right  to  the  use 
of  land  and  other  property.  However,  much  of  society  remains  traditional  and  patri- 
archal, and  most  women  have  an  inferior  status  to  men  in  their  homes  and  commu- 
nities. The  law  provides  a  framework  for  improving  the  status  of  women,  but  laws 
are  unevenly  implemented,  because  of  both  a  lack  of  capacity  in  the  legal  system 
and  ingrained  cultural  attitudes.  In  practice,  males  retain  privileged  access  to  edu- 
cation, employment,  and  control  of  economic  resources,  with  more  disparities  in 
rural  areas  than  in  cities. 

The  law  requires  that  of  ages  18  to  40  participate  in  the  national  service  program. 

Children. — ^The  Ministry  of  Labor  and  Human  Welfare  is  responsible  for  govern- 
ment policies  concerning  the  rights  and  welfare  of  children.  The  Government  in 
1996  reorganized  and  created  under  the  Ministry  of  Labor  and  Human  Welfare  a 
department  that  includes  the  Children's  Affairs  Division.  The  Children's  Affairs  di- 
vision covers  child  care,  counseling,  and  probation.  Due  to  a  shortage  of  schools  and 
teachers,  half  the  country's  children  are  unable  to  attend  school. 

Female  genital  mutilation,  which  is  widely  condemned  by  international  health  ex- 
perts as  damaging  to  both  physical  and  psychological  health,  is  practiced  extensively 
on  girls  at  an  early  age.  Tne  (government,  through  the  Ministry  of  Health  and  the 
National  Union  of  Eritrean  Women,  discourages  this  practice. 

People  With  Disabilities. — The  long  war  for  independence  left  thousands  of  men 
and  women  ^ysically  disabled  from  injuries  they  received  as  guerrillas  and  as  civil- 
ian victims.  The  Government  spends  a  large  share  of  its  financial  resources  to  sup- 
port and  train  these  war  disabled,  who  are  regarded  as  heroes,  and  does  not  dis- 
criminate against  them  in  training,  education,  or  employment.  There  are  no  laws 
mandating  access  for  the  disabled  to  public  thoroughfares  or  public  or  private  build- 
ings. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^There  are  no  government  restrictions  regarding  the 
formation  of  unions,  including  in  the  military  forces,  the  police,  and  other  essential 
services.  Labor  association  is  encouraged  by  the  Government,  which  promulgated 
Proclamation  8  in  1991  providing  workers  with  the  legal  right  to  form  unions  and 
to  strike  to  protect  their  interests.  The  Government  continued  to  rewrite  the  Labor 
Code.  The  National  Confederation  of  Eritrean  Workers,  which  was  part  of  the  EPLF 
during  the  war,  is  independent  of  both  the  Government  and  the  PFDJ.  It  represents 
over  20,000  workers  from  129  unions  and  receives  some  funding  the  International 
Labor  Organization  (ILO),  the  AFL-CIO,  and  European  unions.  The  largest  union 
is  the  Textile,  Leather,  and  Shoe  Federation. 


110 

There  were  no  strikes  reported  in  1997. 

Unions  may  afliliate  internationally,  but  none  has  attempted  to  do  so. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Eritrea  is  a  member  of  the 
ILO,  which  provided  assistance  in  1993  to  prepare  the  draft  labor  code,  which  pro- 
hibits antiunion  discrimination  by  employers  and  establishes  a  mechanism  for  re- 
solving complaints  of  discrimination.  The  Grovemment  has  indicated  its  intention  to 
ratify  several  key  ILO  conventions  on  labor — freedom  of  association,  the  ri^t  to 
bargain,  a  labor  administration  system,  and  prohibition  against  child  labor — but 
still  has  not  done  so.  The  Ministry  of  Labor  ana  Human  Welfare  indicated  that  rati- 
fication of  the  conventions  may  not  occur  for  some  time.  Wages  are  determined  by 
the  market. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^There  is  no  law  prohibiting  forced 
or  compulsory  labor,  but  it  is  not  known  to  occur.  All  citizens  between  18  and  40 
are  required  to  participate  in  the  national  service  program,  which  includes  military 
training  as  well  as  civic  action  programs.  High  school  students  are  also  required  to 
participate  in  a  summer  work  program,  for  which  they  are  paid. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
does  not  prohibit  forced  or  bonded  labor,  including  that  performed  by  children,  but 
there  were  no  reports  that  it  occurred  (see  Section  6.c.).  The  legal  minimum  age  for 
employment  is  18  years,  although  apprentices  may  be  hired  at  age  16.  While  the 
Ministry  of  Labor  and  Human  Welfare  is  responsible  for  enforcement  of  laws  per- 
taining to  employment  of  children,  there  is  no  inspection  system  in  place  to  monitor 
compliance.  The  Government  has  not  ratified  the  ILO  Convention  on  the  Prohibition 
of  Child  Labor.  According  to  labor  officials,  50  percent  of  children  are  not  able  to 
attend  school  due  to  a  shortage  of  schools  and  teachers.  Rural  children  who  do  not 
attend  classes  often  work  on  their  family  farms,  while  in  urban  areas,  some  children 
are  street  vendors  of  cigarettes,  newspapers,  or  chewing  gum. 

e.  Acceptable  Conditions  of  Work. — There  are  two  systems  regulating  employment 
conditions,  the  civil  service  system,  and  the  labor  law  system.  There  is  no  legally 
mandated  minimum  wage  in  the  private  sector.  In  the  civil  service  sector  wages 
vary  from  $40  to  $473  (250  to  3000  oirr)  per  month,  with  factory  workers  (in  govern- 
ment-owned enterprises)  earning  the  highest  wages.  The  minimum  wage  does  not 
provide  the  average  worker  and  lamily  with  a  decent  standard  of  living. 

The  standard  workweek  is  48  hours,  but  many  people  work  fewer  hours.  There 
is  no  legal  provision  for  a  day  of  rest,  but  most  workers  are  allowed  1  to  IVz  days 
off  per  week.  The  Government  has  instituted  occupational  health  and  safety  stand- 
ards, but  inspection  and  enforcement  vary  widely  among  factories.  The  draft  labor 
law  includes  a  number  of  provisions  concerning  women,  including  one  that  states 
that  women  during  pregnancy  shall  not  be  assigned  to  jobs  that  could  endanger 
their  lives  or  the  uves  of  their  unborn  children.  Workers  are  permitted  to  remove 
themselves  from  dangerous  work  sites  without  retaliation. 


ETHIOPIA 

Ethiopia  continued  its  transition  from  a  unitary  to  a  federal  system  of  govern- 
ment. Prime  Minister  Meles  Zenawi  leads  the  Government  of  the  Federal  Demo- 
cratic Republic  of  Ethiopia,  which  was  elected  in  1995  to  replace  a  transitional  gov- 
ernment that  was  established  following  a  long  and  brutal  civil  war.  Most  opposition 
groups  boycotted  the  elections,  and  candidates  affiliated  with  the  dominant  party 
within  the  transitional  government,  the  Ethiopian  Peoples'  Revolutionary  Demo- 
cratic Front  (EPRDF),  won  a  landslide  victory  in  national  and  regional  elections. 
The  principal  faction  within  the  EPRDF  remains  Prime  Minister  Meles'  Tigray  Peo- 
ples' Liberation  Front  (TPLF).  The  judiciary  is  weak  and  overburdened,  but  contin- 
ued to  show  signs  of  independence. 

Federal  regions,  organized  along  ethnic  lines,  are  increasingly  autonomous,  hav- 
ing greater  local  control  over  fiscal  and  political  issues.  However,  the  relationship 
between  the  central  Government  and  local  officials  and  among  the  various  judi- 
ciaries has  not  yet  been  finalized.  A  history  of  highly  centralized  authority,  great 
poverty,  the  civil  conflict,  and  unfamiliarity  with  democratic  culture  combine  to  com- 
plicate the  implementation  of  federalism.  The  federal  Government  has  significant 
difficulty  protecting  constitutional  rights  at  the  local  level,  especially  when  local  au- 
thorities are  unwilling  or  unable  to  do  so.  Local  administrative,  police,  and  judicial 
systems  remain  weak  in  many  regions. 

Responsibility  for  internal  security  continued  to  shift  from  the  military  forces  to 
the  police  in  most  regions.  Throughout  the  year,  military  forces  conducted  low  level 


Ill  \ 


I 


operations  against  the  Oromo  Liberation  Front  (OLF)  in  parts  of  the  Oromia  re- 
gional state.  The  military  forces  also  conducted  operations  against  the  Somalia- 
based  Al'ittihad  terrorist  organization  and  elements  of  the  Ogaden  National  Libera- 
tion Front  (ONLF).  The  national  police  organization  is  subordinate  to  the  Ministry 
of  Justice.  Despite  increased  professional  training  during  the  year,  some  local  offi- 
cials and  members  of  the  security  forces  committed  human  rights  abuses. 

The  economy  is  based  on  smallholder  agriculture,  with  more  than  85  percent  of 
the  population  of  58.5  million  living  in  rural  areas  under  very  poor  conditions.  Per 
capita  gross  national  product  is  estimated  at  $135  per  year.  Real  economic  growth 
in  1997  was  6  percent.  Coffee  accounts  for  about  60  percent  of  export  revenues.  The 
Government  continued  to  implement  an  internationally  supported  economic  reform 
program  designed  to  liberalize  the  economy,  attract  foreign  investment,  and  bring 
state  expenditures  into  balance  with  revenues. 

Despite  promises  by  the  Government  to  improve  its  human  rights  practices,  seri- 
ous problems  remain.  An  opposition  figure  suspected  of  terrorism  was  killed  while 
reportedly  trying  to  avoid  arrest.  Security  forces  sometimes  beat  or  mistreated  de- 
tamees,  and  arbitrarily  arrested  and  detained  citizens.  Prisons  are  seriously  over- 
crowded, and  prolonged  pretrial  detention  remains  a  problem.  The  judiciary  lacks 
sufficient  staff  and  funds;  consequently,  most  citizens  are  denied  the  full  protections 
provided  for  in  the  Constitution.  In  response  the  Government  sought  to  strengthen 
the  judiciary;  it  trained  additional  civil  and  criminal  judges  and  prosecutors  and  as- 
signed them  to  regional  courts,  while  it  dismissed  many  others  in  an  effort  to  elimi- 
nate judicial  malfeasance.  The  law  regarding  search  warrants  is  widely  ignored.  The 
Government  restricts  freedom  of  the  press  and  continued  to  detain  or  imprison  jour- 
nalists. At  year's  end,  13  journalists  were  detained,  two  were  imprisoned,  and  five 
were  awaiting  trial.  Most  were  accused  or  convicted  of  inciting  ethnic  hatred,  libel, 
or  publishing  false  information  in  violation  of  the  1992  Press  L^w.  Nevertheless,  the 
private  press  is  active  and  flourishing.  Many  publications  are  unprofessional  and 
print  inaccurate  and  untrue  articles. 

The  Government  limits  freedom  of  association  and  continued  to  refuse  to  register 
several  nongovernmental  organizations  (NGO's),  but  otherwise  did  not  prevent  them 
from  operating.  The  Government  remains  skeptical  of  NGO's,  and  the  registration 
process  is  slow  and  tedious.  However,  in  the  latter  half  of  the  year,  the  pace  of  reg- 
istration improved  considerably.  Societal  discrimination  and  violence  against  women 
and  abuse  of  children  remain  problems;  female  genital  mutilation  is  widespread  de- 
spite active  government  support  for  groups  opposed  to  the  practice.  Child  labor  is 
pervasive.  Societal  discrimination  against  disabled  persons  is  a  problem.  On  several 
occasions,  the  Government  took  active  measures  to  protect  religious  freedom. 

The  Government  continued  its  efforts  to  create  a  national,  apolitical  army  by  re- 
placing thousands  of  demobilized  Tigrayan  soldiers  with  recruits  from  other  ethnic 
groups.  It  expanded  its  training  programs  in  military  justice  and  undertook  pro- 
grams to  enhance  the  professional  capacity  and  improve  the  performance  of  military 
personnel.  The  Government  sought  to  enhance  transparency  and  accountability  by 
continuing  to  publish  in  state  media  several  detailed  reports  on  ofTicials  who  were 
arrested  or  dismissed  for  abuse  of  authority,  corruption,  and  violations  of  human 
rights.  These  included  two  EPRDF  members  of  Parliament  who  were  removed  from 
omce  in  July  and  indicted  for  war  crimes  committed  during  the  former  Mengistu 
regime.  The  former  Deputy  Prime  Minister  and  Minister  oT  Defense,  indicted  for 
abuse  of  authority  and  embezzlement  in  1996,  are  now  facing  trial.  Governmental 
transparency,  however,  remains  limited. 

Preliminary  hearings  and  arraignments  of  the  first  group  of  defendants  accused 
of  war  crimes  under  the  brutal  Marxist  regime  of  Colonel  Mengistu  Haile  Mariam 
(1974—1991),  which  began  in  December  1994,  continued  through  the  year.  Many  of 
the  accused  have  been  held  in  detention  for  more  than  6  years  without  formal 
charge. 

By  February  the  Special  Prosecutor's  Office  (SPO),  which  is  in  charge  of  war 
crimes  investigations  and  indictments,  had  completed  its  lengthy  investigation  proc- 
ess and  brought  charges  against  5,198  persons;  however,  more  than  half  of  those 
accused  were  not  in  custody  and  were  charged  in  absentia. 

Radical  Ahmara  groups,  the  OLF,  ana  the  Islamic  extremist  group  Al'ittihad 
Al'lslamia  were  responsible  for  a  number  of  grenade  attacks,  bombings,  shootings, 
and  ambushes  that  killed  and  injured  a  number  of  persons. 

RESPECT  FOR  HUMAN  RIGHTS 
Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  unconfirmed  reports  of 
extrajudicial  killings  by  government  security  forces;  however,  the  very  high  numbers 


112 

claimed  by  human  rights  activists  and  ethnically  based  NGO's,  could  not  be  sub- 
stantiated. Two  incidents  drew  international  attention:  The  death  of  teacher  and 
OLF  sympathizer  Wako  Tola,  apparently  of  natural  causes  while  in  police  custody; 
and  the  snooting  death  by  police  of  Assefa  Maru,  assistant  secretary  of  the  Ethio- 

gian  Teachers  Association  and  an  executive  committee  member  of  the  Ethiopian 
[uman  Rights  Council  (EHRCO),  who  security  ofiicials  suspected  was  a  member  of 
a  terrorist  organization.  Police  officials  reported  that  Assefa  Maru  was  shot  while 
trying  to  resist  arrest.  The  Government  d!eclined  to  make  public  the  results  of  an 
internal  investigation  into  Assefa's  death. 

On  October  8,  Addis  Ababa  police  killed  three  men  who  were  allegedly  involved 
in  an  OLF  attack  in  July;  reportedly,  the  victims  were  resisting  arrest.  Two  other 
persons  were  arrested. 

Preliminary  hearings  and  arraignments  continued  of  persons  charged  with  com- 
mitting genocide  and  war  crimes  during  the  Mengistu  regime  (see  Sections  l.d.  and 
I.e.). 

Police  blamed  the  Oromo  Liberation  Front  (OLF)  for  a  series  of  grenade  attacks 
in  Addis  Ababa  in  mid-April  that  killed  left  two  persons  and  seriously  injured  75 
others.  Other  deadly  grenade  attacks,  attributed  to  the  Islamic  extremist  group 
Al'ittihad  alTslami  and  the  OLF,  occurred  in  Dire  Dawa  and  Harar.  The  police 
blamed  OLF  members  for  the  March  28  ambush  and  killing  of  the  mayor  of  Dolo 
Mena,  a  Danish  missionary  nurse,  and  a  passing  motorist. 

On  July  13,  150  to  200  suspected  OLF  militants  attacked  the  Jeldu  Wereda  police 
station,  killing  3  policemen  and  wounding  5. 

Banditry  remained  a  serious  problem  in  some  parts  of  the  country.  Bandits,  often 
heavily  armed,  killed  civilians,  police,  and  soldiers  during  robberies  that  they  at- 
tempted. While  authorities  frequently  ascribed  political  motives  to  bandit  activity, 
most  evidence  suggests  that  their  motives  were  primarily  economic. 

b.  Disappearance. — There  were  no  confirmed  reports,  but  numerous  unsubstan- 
tiated reports,  of  alleged  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  the  use  of  torture  and  mistreatment  of  prisoners.  Never- 
theless, there  were  numerous  credible  reports  that  security  officials  sometimes  beat 
or  mistreated  detainees.  Government  media  published  occasional  reports  of  officials 
who  were  jailed  or  dismissed  for  abuse  of  authority  and  violations  of  human  rights. 
The  Government  provided  additional  police  trainingto  combat  this  problem. 

Prison  overcrowding  remains  a  serious  problem.  Prisoners  are  often  allocated  less 
than  2  square  meters  of  sleeping  space  in  a  room  that  may  contain  up  to  200  people. 
Prison  food  is  adequate.  Prisoners  are  typically  permitted  daily  access  to  prison 
yards.  Visitors  are  permitted,  and  many  prisoners  receive  regular  deliveries  of  food 
and  other  supplies  from  family  members.  Female  prisoners  are  housed  separately 
from  men,  and  rape  does  not  appear  to  be  a  problem. 

The  International  Committee  of  the  Red  Cross  (ICRC)  reported  that  the  army 
sometimes  used  military  camps  for  the  temporary  detention  and  interrogation  of 
OLF  fighters  and  alleged  supporters.  These  camps  are  located  near  Goba  in  Bale 
zone,  Oromiya. 

The  Government  permitted  independent  monitoring  of  prison  conditions,  military 
camps,  and  police  stations  and  sometimes  by  diplomatic  missions  during  the  year. 
The  ICRC  had  routine  access  to  prisons  and  civilian  detention  facilities  throughout 
the  country.  ICRC  visits  to  federal  prisons  are  irregular,  but  regional  authorities 
routinely  permit  the  ICRC  to  visit  prisons  and  police  stations.  The  ICRC  has  only 
restricted  access  to  military  detention  facilities  in  eastern  regions,  where  suspected 
OLF  fighters  are  held. 

There  were  several  diplomatic  visits  to  prominent  prisoners  accused  of  war  crimes 
by  the  SPO  or  charged  with  plotting  violent  insurrection  against  the  Government. 
Triey  included:  Abera  Yemane-ab,  Mamo  Wolde,  Dr.  Alemayehu  Tefera,  Dr.  Taye 
Wolde  Semayat,  Mekonnen  Dori,  and  Professor  Asrat  Woldeyes.  International  ob- 
servers, among  them  a  delegation  from  Education  International,  were  also  granted 
access  to  prisoners.  There  were  no  reports  that  these  prisoners  had  been  mistreated. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  and  both  the  Criminal 
and  Civil  Codes  prohibit  arbitrary  arrest  and  detention,  but  the  Government  does 
not  always  respect  these  rights  in  practice. 

Under  the  Criminal  Procedure  Code,  any  person  detained  must  be  charged  and 
informed  of  the  charges  within  48  hours  and,  in  most  cases,  be  offered  release  on 
bail.  Those  persons  believed  to  have  committed  serious  offenses  may  be  detained  for 
15  days  while  police  conduct  an  investigation,  and  for  additional  15-day  periods 
while  the  investigation  continues.  Some  offenses,  such  as  murder  and  treason,  are 
not  bailable.  In  practice,  and  especially  in  outlying  regions,  authorities  often  detain 
persons  without  a  warrant,  frequently  do  not  charge  them  within  48  hours,  and — 


113 

if  persons  are  released  on  bail — never  recall  them  to  court.  Nationwide,  thousands 
of  criminal  suspects  remained  in  detention  without  charge  or  trial  at  year's  end. 
Most  of  the  7,000  detainees  are  suspected  OLF  supporters  or  guerrilla  fighters. 
Often  these  lengthy  detentions  are  due  to  the  severe  shortage  and  limited  training 
of  judges,  prosecutors,  and  attorneys. 

In  March  jwlice  detained  several  of  the  organizers  of  an  off-campus  university  stu- 
dent demonstration  (see  Sections  2.a.  and  2.b.).  Federal  and  regional  authorities  ar- 
rested and  detained  hundreds  of  persons  without  charge  or  trial  for  activities  alleg- 
edly in  support  of  armed  opposition  groups.  The  vast  majority  of  these  incidents 
took  place  m  the  Oromiya  and  Somali  regional  states.  In  typical  cases,  security 
forces  arrested  and  held  these  persons  incommunicado  for  several  days  or  weeks  be- 
fore eventually  releasing  them.  Most  detainees  were  accused  of  participating  in 
armed  actions  by  the  OLF  or  ONLF.  Some  93  persons  who  were  among  a  large 
group  of  OLF  fighters  detained  in  1994  continued  to  be  held. 

On  November  5  authorities  arrested  three  alleged  OLF  terrorists,  who  confessed 
to  hotel  and  restaurant  bombings  in  Addis  Ababa  and  Dire  Dawa.  On  November  6, 
the  Federal  Police  arrested  17  OLF  supporters,  most  of  them  members  of  Tulema, 
a  longstanding  Oromo  self-help  organization  that  the  Government  asserts  is  a  politi- 
cal organization.  Six  were  founding  members  of  the  newly  registered  Oromo  Human 
Rights  League.  A  total  of  31  OLF  activists  were  arraigned  on  various  terrorism  and 
illegal  weapons  possession  charges  on  December  2.  Although  the  OLF  is  an  illegal 
organization,  due  to  its  refusal  to  renounce  violence  and  accept  the  Constitution, 
simple  membership  is  not  necessarily  cause  for  arrest.  OLF  members  travel  abroad 
for  negotiations  with  the  Government  without  hindrance.  The  Government  draws  a 
distinction,  however,  between  the  OLF's  rank  and  file  and  its  leadership. 

In  September  the  Federal  High  Court  in  Addis  Ababa  began  arraignment  and 
prosecution  of  the  5,198  p>ersons  charged  with  genocide  and  other  war  crimes  under 
the  previous  regime.  Some  defendants  had  spent  6  years  in  pretrial  detention.  Of 
that  total,  2,246  are  in  detention,  while  the  remaining  2,952  are  charged  in 
absentia.  The  defendants  are  mainly  charged  with  genocide  and  war  crimes,  except 
for  25  who  are  charged  with  aggravated  homicide.  Of  the  5,198  persons  indicted, 
2,658  have  had  preliminary  hearings.  All  defendants  who  are  in  custody  are  sched- 
uled to  appear  before  courts  of  justice  in  1998.  Some  defendants  have  been  in  pre- 
trial detention  for  6  years.  In  July  the  SPO  removed  parliamentary  immunity  from 
two  EPRDF  Members  of  Parliament,  arrested  them,  and  indicted  them  for  war 
crimes.  The  SPO  trials  of  Olympic  marathon  champion  Mamo  Wolde  and  former 
Addis  Ababa  university  president.  Dr.  Alemayehu  Tefera  began. 

The  authorities  arrested  the  Federal  Sports  Commissioner  in  late  December  be- 
cause of  his  afliliation  with  the  previous  regime's  "reign  of  terror." 

Authorities  arrested  Dr.  Taye  Wolde  Semayat,  chairman  of  the  Ethiopian  Teach- 
ers' Association  (ETA)  in  August  1996  upon  his  return  from  a  trip  abroad.  Taye  has 
been  formally  charged  with  forming  an  Amhara  extremist  organization  that  alleg- 
edly planned  and  carried  out  attacks  against  foreigners,  including  the  attempted 
murder  of  a  diplomat  and  a  grenade  attack  on  a  diplomatic  compound  in  Addis 
Ababa.  The  Government's  case  against  Taye  is  not  linked  to  his  activities  on  behalf 
of  the  ETA.  Charges  linking  Taye  to  the  grenade  attacks  were  dropped,  but  his  trial 
on  other  charges  continued. 

Opposition  groups  allege  that  some  of  the  persons  detained  by  the  SPO,  as  well 
as  some  other  detainees,  are  held  for  political  reasons.  The  Government  denies  that 
it  holds  persons  for  political  reasons. 

Exile  is  illegal  ana  is  not  used. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Federal  and  regional  courts  continued  to  show  signs  of  judicial  inde- 
pendence. In  practice,  however,  severe  shortages  of  adequately  trained  personnel  in 
many  regions,  as  well  as  serious  financial  constraints,  combine  to  keep  the  judiciary 
weak  and  overburdened  and  to  deny  most  citizens  the  full  protections  provided  for 
in  the  Constitution. 

Consistent  with  the  Constitution,  the  (jovemment  continued  to  restructure  and 
decentralize  the  judiciary  along  federal  lines  with  the  establishment  of  courts  at  the 
district  and  regional  levels.  The  federal  High  Court  and  federal  Supreme  Court  ad- 

iudicate  cases  involving  federal  law,  transregional  issues,  and  national  security  and 
lear  both  original  and  appeal  cases.  The  regional  judiciary  is  increasingly  autono- 
mous; district  (Woreda),  High  and  Supreme  Courts  mirror  the  structure  of  the  fed- 
eral judiciary.  The  Government  delegated  some  of  the  war  crimes  trials  to  the  su- 
preme courts  in  the  regions  where  the  crimes  were  allegedly  committed. 

The  Government  continues  its  sweeping  overhaul  of  the  military  justice  system. 
Foreign  assistance  is  being  used  to  train  officers  and  noncommissioned  officers  in 


114 

topics  including  judicial  and  nonjudicial  punishment,  human  rights,  and  the  conduct 
of  soldiers  during  military  operations. 

The  Government's  goal  is  a  decentralized  judicial  system  that  brings  justice  closer 
to  the  people. 

Authorities  detained  hundreds  of  persons  without  charge  during  the  year,  espe- 
cially in  the  Oromiya  and  Somali  regions,  for  supposed  involvement  with  the  OLF 
and  ONLF.  Many  were  ultimately  released  without  an  appearance  before  a  judge. 
Such  cases  often  reflect  arbitrary  actions  by  local  officials,  but  also  result  from  a 
shortage  of  trained  and  competent  prosecutors  and  judges.  In  May  1996,  the  Gov- 
ernment appointed  56  federal  court  justices  to  help  address  this  shortage.  Regional 
offices  of  the  federal  Ministry  of  Justice  monitor  local  judicial  developments,  but  the 
federal  judicial  presence  in  the  regions  is  limited.  Anecdotal  evidence  suggests  that 
some  local  officials  interpret  decentralization  to  mean  that  they  are  no  longer  ac- 
countable to  any  higher  authority,  even  within  their  own  regions. 

On  November  5  authorities  arrested  three  alleged  OLF  terrorists,  who  confessed 
to  hotel  and  restaurant  bombings  in  Addis  Ababa  and  Dire  Dawa. 

To  remedy  the  severe  lack  of  experienced  staff  in  the  judicial  system,  the  Govern- 
ment continued  to  identify  and  train  lower  court  judges  and  prosecutors,  although 
officials  acknowledge  that  the  pay  scale  offered  must  be  significantly  increased  to 
attract  significant  numbers  of  competent  professionals.  Senior  government  officials 
charged  with  judicial  oversight  estimate  that  the  creation  of  a  truly  independent 
and  skiUed  judicial  apparatus  requires  decades.  The  Government  has  welcomed  for- 
eign financial  and  technical  assistance. 

Pending  passage  by  regional  legislatures  of  laws  particular  to  their  region,  all 
judges  are  guided  exclusively  by  the  federal  procedural  and  substantive  codes.  Trials 
are  public,  and  defendants  have  the  right  to  a  defense  attorney.  The  public  defend- 
er's office  provides  legal  counsel  to  indigent  defendants,  although  its  scope  remains 
severely  limited,  especially  with  respect  to  SPO  trials.  The  law  does  not  allow  the 
defense  access  to  prosecutorial  evidence  before  the  trial. 

The  Constitution  provides  legal  standing  to  some  preexisting  religious  and  cus- 
tomary courts  and  gives  federal  and  regional  legislatures  the  authority  to  recognize 
other  courts.  By  law  both  parties  to  a  dispute  must  agree  before  a  case  may  be 
heard  by  a  customary  or  religious  court.  Shari'a  (Islamic)  courts  may  hear  religious 
and  family  cases  involving  Muslims.  In  addition  some  traditional  courts  still  func- 
tion. Although  not  sanctioned  by  law,  these  courts  resolve  disputes  for  the  majority 
of  citizens  who  live  in  rural  areas  and  who  generally  have  little  access  to  formal 
judicial  systems. 

The  SPO  was  established  in  August  1992  to  create  an  historical  record  of  the 
abuses  during  the  Mengistu  regime  and  to  bring  to  justice  those  criminally  respon- 
sible for  human  rights  violations.  Trials  began  in  1994  and  continued  through  the 
year.  The  federal  High  Court  has  considered  the  cases  of  2,658  defendants  accused 
of  genocide,  war  crimes,  and  aggravated  homicide.  Court  dates  are  scheduled  for 
1998.  Court  appointed  attorneys  represent  many  of  the  defendants,  following  claims 
that  defendants  could  not  afford  an  adequate  defense.  Of  the  5,198  defendants,  the 
Government  is  trying  2,952  in  absentia,  including  Colonel  Mengistu  Haile  Mariam, 
the  former  dictator,  who  is  now  in  exile  in  Zimbabwe.  Senior  government  officials 
expressed  growing  frustration  with  the  slow  pace  of  the  work  of  the  SPO,  but  the 
special  prosecutor  and  the  vice  president  of  the  federal  High  Court  announced  in 
August  that  all  the  defendants  would  appear  before  court  in  1998.  Legal  observers 
expect  relatively  few  additional  cases  to  be  brought,  with  many  defendants  charged 
and  tried  collectively  in  each  instance. 

There  were  no  reports  of  political  prisoners. 

All  Amhara  People's  Organization  (AAPO)  chairman  professor  Asrat  Woldeyes 
and  four  other  AAPO  leaders  were  convicted  in  1994  of  planning  armed  action 
against  the  Government  at  a  1993  meeting  in  Debre  Berhan.  Asrat  was  also  con- 
victed of  "incitement  to  war"  in  connection  with  a  speech  he  made  in  1992.  He  was 
sentenced  to  a  total  of  5  years'  imprisonment.  Asrat  currently  faces  charges  stem- 
ming from  a  May  1994  prison  escape  in  Debre  Berhan  in  which  several  guards  were 
killed.  Asrat  is  reportedly  in  good  health. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
requires  judicial  search  warrants  but,  in  practice,  they  are  seldom  obtained  outside 
Addis  Ababa. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  and  the  1992  Press  Law  pro- 
vide for  the  right  to  free  speech  and  press;  however,  the  Government  used  legal  and 
other  mechanisms  to  restrict  press  rights  in  practice.  The  Government  continued  to 
prosecute  journalists  and  editors  for  publishing  articles  that  violated  the  Press  Law. 


115 

The  Government  uses  provisions  of  the  Press  Law  concerning  pubHshing  false  in- 
formation or  inciting  ethnic  hatred  to  arrest  joumaUsts,  and  some  joumausts  prac- 
tice self-censorship.  A  total  of  15  journalists  were  either  detained  or  imprisoned  by 
the  Government  at  year's  end;  13  of  them  were  awaiting  trial.  Most  were  accused 
or  convicted  of  inciting  ethnic  hatred  or  publishing  false  information  in  violation  of 
the  Press  Law.  At  year's  end,  two  journalists  were  serving  sentences  of  1  year.  Of 
the  13  awaiting  trial,  5  were  arrested  for  publishing  reports  in  Urjii,  a  newspaper 
that  is  openly  supportive  of  the  OLF,  which  accused  the  police  of  executing  three 
alleged  OLF  operatives  in  the  Mekanissa  area  of  Addis  Ababa  on  October  8.  Two 
others  were  unable  to  produce  guarantors  for  bail.  One  journalist  was  released  after 
completing  a  12-month  sentence;  another  charged  with  libel  was  released  on  bail  in 
Aiigust. 

Despite  the  threat  of  legal  action,  however,  the  private  press  is  very  active.  Many 
private  newspapers  continue  to  publish  false  information  and  harshly 
antigovemment  articles  without  any  onicial  sanction.  While  the  private  press  often 
reports  that  government  forces  or  regional  officials  commit  human  rights  abuses, 
most  private  press  accounts  are  unsubstantiated  and  extremely  difficult  to  verify. 
However,  The  Grovemment  has  not  banned  any  newspaper  or  publication. 

The  Government  continued  to  deny  access  by  private  journalists  to  government 
press  conferences,  despite  the  fact  that  the  Press  Law  requires  the  Government  to 
be  accessible  to  those  seeking  information.  The  Government  typically  ignores  this 
provision  and  denies  access  to  information  even  to  government  journalists.  Both  pri- 
vate and  government  journalists  wrote  extensively  about  problems  of  access  to  infor- 
mation. Most,  but  not  all,  government  ofiicials  refuse  to  speak  with  the  private  and 
official  press. 

Citizens  are  generally  free  to  discuss  publicly  any  topic  they  choose.  A  number 
of  groups  critical  of  the  Government  held  press  conferences  and  public  meetings 
without  retribution. 

Only  about  1  percent  of  citizens  regularly  read  any  newspaper  or  magazine,  and 
citizens  outside  Addis  Ababa  have  extremely  limited  access  to  the  print  media.  As 
a  result  of  poor  management,  market  forces,  and  government  enforcement  of  the 
Press  Law,  only  about  20  weekly  newspapers  appear  regularly.  Foreign  journalists 
continued  to  operate  freely  and  often  wrote  articles  critical  oi  government  policies. 
They  or  their  local  affiliates  were  granted  greater  access  to  government  officials 
than  were  local  journalists. 

While  much  of  the  private  press  continues  to  lack  professionalism  in  its  reporting, 
some  print  media  are  developing  into  more  responsiole  publications.  Others  are  ac- 
tually oppositionist  newsletters  that  often  purvey  unsubstantiated  criticism  of  the 
Government.  Several  are  tied  to  distinct  ethnic  groups,  especially  Amhara  and 
Oromo,  yet  severely  criticize  the  Government  for  being  ethnocentric  and  a  party  to 
national  dissolution.  Newspapers  critical  of  government  leaders  and  their  policies 
are  widely  available  in  the  capital,  but  scarce  elsewhere. 

Radio  remains  the  most  influential  medium  in  reaching  those  who  live  in  rural 
areas.  The  Press  Law  allows  for  private  radio  stations,  but  the  only  nongovern- 
mental radio  license  granted  so  far  is  Radio  Fana,  a  station  controlled  by  the  ruling 
EPRDF  party.  The  Government  operates  the  sole  television  station.  Ownership  of 
private  satellite  receiving  dishes,  facsimile  machines,  and  modems  is  permitted. 
Internet  access  is  unrestricted,  but  private  satellite  transmission  uplinks  are  not  al- 
lowed, even  for  international  organizations. 

The  official  media,  including  broadcast,  wire  service,  and  print  media,  are  legally 
autonomous  and  responsible  for  their  own  management  and  partial  revenue  genera- 
tion, although  they  continue  to  receive  government  subsidies.  Government  reporters 
practice  self-censorship  but  have,  at  times,  questioned  official  policies.  The  Govern- 
ment's Press  and  Information  Department  acts  as  official  spokesperson  and  imple- 
mented a  1996  information  policy  to  guide  contacts  among  the  Government,  the 
press,  and  the  public. 

Academic  freedom  is  respected.  Students  at  Addis  Ababa  University  (AAU)  formed 
a  student  council  for  the  first  time  since  1993.  In  general,  however,  political  activity 
is  not  encouraged  on  university  campuses.  In  March  authorities  detained  a  number 
of  student  activists  for  several  days  aft«r  they  staged  a  demonstration  outside  the 
AAU  campus  without  a  permit.  The  students  demonstrated  in  support  of  farmers 
in  the  Amhara  region  following  the  regional  government's  implementation  of  a  new 
land  policy. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  peaceful  assembly,  and  the  Government  generally  permitted  groups  to 
assemble  during  the  year.  Organizers  of  large  public  meetings  or  demonstrations 
must  notify  the  Government  in  advance  and  obtain  a  permit.  Permits  appear  to  be 
routinely  granted.  A  number  of  large  public  demonstrations  protesting  various  gov- 


,_ 


116 

emment  actions  took  place  in  Addis  Ababa.  However,  the  police  stopped  demonstra- 
tions held  without  jjermits.  Addis  Ababa  shopkeepers  ana  businessmen,  protesting 
announced  rent  increases,  went  on  strike  May  17,  only  to  have  a  number  of  their 
shops  sealed  by  the  police  and  some  of  their  business  licenses  revoked.  A  university 
student  demonstration  against  the  Government's  land  reform  policy  resulted  in  the 
arrest  of  severed  organizers.  On  the  other  hand,  a  major  All  Amhara  Peoples  Party 
demonstration  was  neld  on  May  3  to  protest  the  continued  detention  of  Professor 
Asrat  without  incident.  The  Addis  Ababa  municipal  government  granted  permits  for 
all  but  one  of  the  major  demonstrations  that  took  place  in  the  capital. 

The  Constitution  provides  for  freedom  of  association  and  the  right  to  engage  in 
unrestricted  peaceful  political  activity.  Government  procedures  for  registration  of 
NGO's  were  changed  in  1996,  but  a  number  of  problems  regarding  NGO's  remain 
unresolved.  NGO  representatives  complain  about  the  slowness  of  the  registration 
process,  including  arrangements  for  work  permits.  Primary  authority  for  NGO  reg- 
istration rests  with  the  Ministry  of  Justice  (MOJ),  which  has  still  not  issued  com- 
prehensive written  procedures.  Nonetheless,  at  mid-year  the  pace  of  registration  im- 
proved. In  1995  the  Government  revoked  the  registration  certificates  ol  47  domestic 
and  international  NGO's.  It  has  refused  to  grant  new  registration  to  several  of  these 
NGO's  despite  their  attempts  to  obtain  it.  EHRCO,  which  the  Government  asserts 
is  primarily  a  political  organization,  has  not  been  granted  registration  as  an  NGO. 
The  Action  Professionals'  Association  for  the  People  was  reregistered  in  November. 

The  Grovemment  requires  political  parties  to  register  with  the  National  Election 
Board  (NEB).  Parties  that  do  not  participate  in  two  consecutive  national  elections 
are  subject  to  deregistration.  There  are  about  60  organized  political  parties.  Of 
these,  eight  are  national  parties  and  the  remainder  operate  only  in  specific  regions. 
The  AH  Amhara  People's  Party  (AAPO)  is  a  leading  opposition  party.  Although  the 
AAPO  is  registered  with  the  NEB,  its  activists  often  complain  that  the  Government 
limits  their  ability  to  campaign  for  popular  support.  In  July  1996  the  NEB  granted 
registration  to  the  Council  of  Alternative  Forces  for  Peace  and  Democracy  in  Ethio- 
pia (CAFPDE)  as  a  national  party.  The  CAFPDE  has  established  branch  offices  in 
several  regions  and  launched  its  own  newspaper,  Amaratch,  which  is  highly  critical 
of  government  policies.  The  NEB  also  registered  the  opposition  Oromo  National 
Congress  as  a  political  party  in  1996. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  includ- 
ing the  right  of  conversion,  and  the  Government  respects  this  right  in  practice. 
Pentecostals  complain  that  police  do  not  protect  them  adequately  during  instances 
of  conflict  with  orthodox  Christians  (see  Section  5).  In  interreligious  disputes,  the 
Government  tries  to  be  an  impartial  arbitrator. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^The  Constitution  provides  for  freedom  of  movement,  including  the  right 
of  domestic  and  foreign  travel,  emigration,  and  repatriation.  Citizens  can  and  do 
freely  change  their  residence  or  workplace.  Citizens  and  residents  are  required  to 
obtain  an  exit  visa  before  departing  the  country.  Exit  visas  are  issued  routinely,  ex- 
cept to  persons  with  pending  court  cases  or  unpaid  debts. 

Ethiopian  Jews  (Falashas  and  Beta  Israel)  who  wish  to  emigrate  to  Israel  may 
do  so  if  qualified  under  Israeli  law.  The  status  of  several  thousand  Feles  Mora  (Ethi- 
opians who  claim  forced  conversion  to  Christianity  from  Judaism  during  the  past 
100  years  or  more)  is  under  review  by  the  Israeli  government  on  a  case-by-case 
basis.  There  are  110  to  120  departures  per  month  under  provisions  of  Israeli  law 
pertaining  to  family  reunification. 

According  to  both  the  U.N.  High  Commissioner  for  Refugees  (UNHCR)  and  foreign 
diplomats,  the  Government  treats  asylum  seekers  fairly  and  cooperates  with  tne 
UNHCR  and  other  humanitarian  organizations  in  assisting  refugees  and  returning 
citizens.  It  provided  first  asylum  to  more  than  360,000  persons  in  1996,  and  contin- 
ues to  host  approximately  270,000  refugees;  most  are  from  Somalia  and  Sudan.  The 
Government,  in  cooperation  with  the  UNHCR,  continues  to  provide  first  asylum  to 

Eersons  from  Sudan  and  Somalia.  Negotiations  between  the  Government  and  the 
TNHCR  concerning  the  status  of  8,000  refugees  from  Djibouti  living  in  Afar  re- 
gional state  began  during  the  year.  There  were  no  reports  of  forced  expulsion  of  in- 
dividuals having  a  valid  claim  to  refugee  status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
Citizens  exercised  this  right  for  the  first  time  in  the  country's  history  in  1995. 
However,  most  opposition  groups  chose  to  boycott  the  elections,  despite  a  wide- 
spread finding  that  opposition  participation  was  possible.  Boycotting  parties  claimed 
that  the  CJovemment  impeded  their  ability  to  participate  in  the  political  process. 
Concerted  efforts  by  foreign  governments  to  promote  dialogue  and  political  reconcili- 


117 

ation  between  the  Government  and  several  key  opposition  groups  leading  up  to  the 
elections  were  not  successful.  Nevertheless,  observers  organized  by  foreign  donor 
governments,  the  Organization  of  African  Unity,  and  a  coalition  of  domestic  NGO's 
judged  the  elections  to  be  generally  free  and  fair,  although  they  cited  numerous 
irregularities.  The  boycott  was  one  factor  that  lead  to  an  overwhelming  victory  by 
candidates  of  the  better  funded  and  better  organized  EPRDF  over  candidates  of  the 
relatively  weak  and  poorly  organized  opposition  parties  and  independent  candidates. 

Political  participation  remains  closed  to  a  number  of  organizations  that  have  not 
renounced  violence  and  do  not  accept  the  Government  as  a  legitimate  authority. 
These  groups  include  Medhin,  the  Coalition  of  Ethiopian  Democratic  Forces,  the 
Ethiopian  People's  Revolutionary  Party,  the  OLF,  some  elements  of  the  ONLF,  and 
several  smaller  Somali  groups. 

Neither  law  nor  practice  restricts  the  participation  of  women  in  politics.  While 
women's  status  and  political  participation  are  greater  than  ever,  women  are  mini- 
mally represented  in  the  Council  of  Ministers  and  among  the  leadership  of  all  politi- 
cal organizations.  Only  1  of  the  15  members  of  the  Council  of  Ministers  is  a  woman; 
2  other  women  hold  ministerial  rank;  and  a  number  of  others  hold  senior  positions. 
There  are  only  13  women  among  the  545  members  of  the  lower  House  oi  Peoples' 
Representatives;  in  the  upper  house,  the  House  of  Federation,  7  of  108  members  are 
women,  including  the  speaker.  Among  the  23  judges  on  the  federal  High  Court,  4 
are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Human  rights  organizations  include  the  Ethiopian  Human  Rights  and  Peace  Cen- 
ter, the  Ethiopian  Congress  for  Democracy,  the  Ethiopian  Women's  Lawyers  Asso- 
ciation, the  Ethiopian  Human  Rights  League,  and  the  Inter-Africa  Group.  These 
groups  are  primarily  engaged  in  civic  and  human  rights  education,  legal  assistance, 
and  trial  monitoring.  The  Ethiopian  Human  Rights  Council,  a  self-proclaimed 
human  rights  monitoring  organization,  continues  to  operate  without  legal  status  as 
an  NGO  because  the  Government  considers  some  of  its  activities  as  primarily  politi- 
cal. 

The  ICRC  conducts  regular  visits  to  detention  centers  throughout  the  country. 
ICRC  access  during  the  year  improved  measurably  with  the  opening  of  new  regional 
offices  in  Gode,  a  town  in  the  Ogaden  area  of  Somali  state,  and  Assosa,  near  the 
border  with  Sudan  in  BenishanguT  state. 

The  Government  continues  to  encourage  international  human  rights  groups  and 
foreign  diplomats  to  observe  the  war  crimes  trials,  which  began  in  1994.  Delegations 
from  Human  Rights  Watch/Africa,  the  Committee  to  Protect  Journalists,  Reporters 
sans  Frontieres,  Amnesty  International,  Education  International,  the  Lawyers  Com- 
mittee for  Human  Rights,  and  various  international  labor  organizations  all  visited 
during  the  year.  Representatives  from  these  organizations  held  substantive  discus- 
sions with  a  number  of  senior  government  officials,  including  Prime  Minister  Meles. 
Officials  of  the  Federal  Security  Authority  have  generally  been  responsive  to  re- 
quests for  information  from  the  diplomatic  community. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  states  that  all  persons  are  equal  before  the  law.  The  law  pro- 
vides that  all  persons  should  have  equal  and  effective  protection  without  discrimina- 
tion on  grounds  of  race,  color,  sex,  language,  religion,  political  or  other  opinion,  na- 
tional or  social  origin,  wealth,  birth  or  other  status.  The  Government,  however,  has 
not  yet  put  fully  into  place  mechanisms  for  efTective  enforcement  of  these  protec- 
tions. 

Women. — The  Constitution  provides  for  the  equality  of  women,  but  these  provi- 
sions are  often  not  applied  in  practice.  Culturally  based  abuses,  including  wife  beat- 
ing and  rape,  are  pervasive  social  problems.  While  women  have  recourse  to  the  po- 
lice and  the  courts,  societal  norms  and  limited  infrastructure  inhibit  many  women 
from  seeking  legal  redress,  especially  in  remote  areas.  Social  practices  obstruct  in- 
vestigations into  rape  and  the  prosecution  of  the  rapist. 

Although  women  played  a  prominent  role  (including  service  in  combat)  during  the 
civil  war,  in  practice  women  do  not  enjoy  equal  status  with  men.  The  law  considers 
men  and  women  equal,  but  tradition  and  cultural  factors  place  the  husband  as  head 
of  the  household.  All  land  belongs  to  the  State.  However,  land  reforms  enacted  in 
March  stipulate  that  women  may  lease  land  from  Government.  Discrimination  is 
most  acute  in  rural  areas,  where  85  percent  of  the  population  lives.  In  urban  areas, 
women  have  fewer  employment  opportunities  than  men,  and  the  jobs  available  do 
not  provide  equal  pay  for  equal  worK.  Women's  concerns  have  been  factored  into  the 


118 

Government's  development  planning  since  1993.  There  are  women's  affairs  desks  in 
each  of  the  ministries.  To  enhance  rurther  the  status  of  women,  the  Government  for- 
maUy  adopted  a  "National  Program  of  Action"  in  June.  The  program  seeks  to  ex- 

Kana  women's  access  to  healtn  care,  and  educate  women  concerning  maternal 
ealth. 

Children. — ^The  Government  has  encouraged  the  efforts  of  domestic  and  inter- 
nationEil  NGO's  that  focus  on  children's  social,  health,  and  legal  issues.  However, 
direct  government  support  beyond  efforts  to  provide  improved  health  care  and  basic 
education  remains  limited. 

Societal  abuse  against  young  girls  continues  to  be  a  serious  problem.  The  great 
majority  of  girls  undergo  some  form  of  female  genital  mutilation  (FGM),  which  is 
wiaely  condemned  by  international  health  experts  as  damaging  to  both  physical  and 
psychological  health.  Reports  place  percentages  of  women  and  girls  who  nave  under- 
gone FGM  at  90  percent.  Clitorectomies  are  typically  performed  7  days  after  birth, 
and  the  excision  of  the  labia  and  infibulation,  the  most  extreme  and  dangerous  form 
of  FGM,  is  performed  at  any  time  between  the  age  of  8  and  the  onset  of  pubertv. 
Excision  is  the  most  common  form  of  FGM  practiced.  The  law  does  not  specifically 
prohibit  FGM,  although  it  is  officially  discouraged,  and  the  Government  has  been 
very  supportive  of  the  National  Committee  on  Traditional  Practices  in  Ethiopia, 
which  is  dedicated  to  eradicating  FGM.  The  Government  is  also  working  to  discour- 
age the  practice  of  FGM  through  education  in  the  public  schools. 

The  Constitution  defines  the  age  of  consent  as  15  for  females  and  18  for  males. 
Nevertheless,  early  childhood  marriage  is  common  in  rural  areas,  with  girls  as 
young  as  age  9  being  party  to  arranged  marriages.  Especially  in  the  Afar  region, 
young  girls  continue  to  be  married  to  much  older  men,  but  this  practice  is  coming 
under  greater  scrutiny  and  criticism.  The  maternal  mortality  rate  is  extremely  high, 
due  in  part  to  food  taboos  for  pregnant  women,  early  marriage,  and  birth  complica- 
tions related  to  FGM,  especially  infibulation. 

Many  thousands  of  street  children  live  in  Addis  Ababa.  These  children  beg,  some- 
times as  part  of  a  gang,  or  work  in  the  informal  sector  in  order  to  survive.  Govern- 
ment and  privately  run  orphanages  are  unable  to  handle  the  number  of  street  chil- 
dren, and  younger  children  are  often  abused  by  older  children.  Due  to  financial  con- 
straints, abandoned  infants  are  often  overlooked  or  neglected  at  hospitals  and  or- 
phanages. There  are  credible  reports  that  children  are  occasionally  maimed  or  blind- 
ed by  their  "handlers,"  in  order  to  increase  their  earnings  from  begging. 

Child  prostitution  is  a  problem.  There  were  many  press  reports  of  the  large-scale 
employment  of  children,  especially  underage  girls,  as  hotel  workers,  barmaids,  and 
sex  workers  in  resort  towns  and  truckstops  south  of  Addis  Ababa.  According  to  the 
head  of  the  Labor  and  Social  Affairs  Office  of  East  Shoa  zone,  children  are  being 
bought  or  stolen  from  the  countryside  by  "child  vendors"  and  sold  to  bar  and  liquor 
store  owners  in  Shashemene  and  Nazareth.  The  going  price  for  a  child  is  reportedly 
about  $36.  More  that  3,000  young  girls  are  working  as  dancers,  barmaids,  and  pros- 
titutes in  the  town  of  Shashemene.  There  are  also  credible  reports  that  poor  rural 
families  sell  their  young  teenage  daughters  to  hotel  and  bar  owners  on  the  main 
truck  routes.  Social  workers  note  that  these  girls  are  prized  because  their  clients 
believe  that  they  are  free  of  sexually  transmitted  diseases.  Some  families  send  their 
unemployed,  out-of-school,  underage  daughters  to  work  in  Middle  Eastern  countries 
as  house  servants  and  nannies,  some  of  whom  are  kept  in  sexual  bondage  (see  also 
Sections  6.c.  and  6.d.). 

People  With  Disabilities. — The  Constitution  stipulates  that  the  state  allocate  re- 
sources to  provide  rehabilitation  and  assistance  to  the  physically  and  mentally  dis- 
abled. Limited  government  resources  restrict  action  in  these  areas.  The  Amhara  De- 
velopment Association  operates  a  project  to  provide  vocational  training  to  disabled 
war  veterans  in  Bahir  Dar.  A  similar  center  has  been  established  by  the  Tigray  De- 
velopment Association  in  Mekele.  The  Government  has  not  yet  put  into  place  mech- 
anisms to  enforce  a  1994  law  mandating  equal  rights  for  the  disabled.  The  Govern- 
ment does  not  have  sufficient  resources  to  mandate  access  to  buildings  or  govern- 
ment services  for  persons  with  disabilities,  and  people  with  minor  disabilities  some- 
times complain  ofjob  discrimination.  An  official  at  the  Government's  rehabilitation 
agency  estimated  that,  partly  as  a  result  of  the  long  civil  war,  there  are  more  than 
5  million  disabled  persons  in  the  population  of  58.5  million. 

Religious  Minorities. — Despite  the  country's  broad  level  of  religious  freedom  and 
tolerance  for  established  faiths,  there  have  been  instances  of  open  conflict  among 
religious  groups,  most  noticeably  between  Orthodox  Christians  and  Pentecostals.  In 
most  sections  of  the  country,  Orthodox  Christians  and  Muslims  participate  in  each 
other's  religious  observances,  and  there  is  a  level  of  tolerance  for  intermarriage  and 
conversion  in  certain  areas,  most  notably  in  Welo.  However,  newer  faiths  encounter 
problems.  Jehovah's  Witnesses  and  Pentecostals  have  sometimes  encountered  overt. 


119 

even  violent,  opposition  from  the  public.  On  two  occasions  Orthodox  Christians  dis- 
rupted Pentecostal  revivals  in  Debre  Zeit  and  Arba  Minch,  apparently  incited  by  Or- 
thodox clergy.  Orthodox  members  inflicted  injuries  and  destroyed  property  before 
Solice  intervened  to  restore  order.  While  some  Pentecostals  complain  that  the  police 
o  not  do  enough  to  protect  them,  most  observers  assert  that  the  Government  strict- 
ly enforces  the  constitutional  right  to  freedom  of  religion,  and  that  the  police  strive 
to  maintain  impartiality  in  all  interrelirious  disputes.  Muslims  and  orthodox  Chris- 
tians complain  about  proselytization  by  Pentecostals  and  Jehovah's  Witnesses.  Mus- 
lims complain  that  some  Pentecostal  preachers  disparage  Islam  in  their  sermons. 
NatioTud  I  Racial  I  Ethnic  Minorities. — There  are  more  than  80  ethnic  groups.  Al- 
though many  of  these  groups  have  influenced  the  political  and  cultural  life  of  the 
country,  Anmaras  and  Tigrayans  from  the  northern  highlands  have  played  domi- 
nant roles.  Some  ethnic  groups  such  as  Oromos,  the  largest  single  group,  were  sub- 
jugated during  the  nineteentn  century.  In  an  attempt  to  address  ethnic  concerns, 
the  Government  has  established  a  federal  system  with  political  boundaries  drawn 
along  major  ethnic  lines.  With  federalism,  for  example,  citizens  of  the  Oromiya  re- 
gion now  have  a  greater  say  over  their  own  affairs  and  resources.  Primary  school 
students  are  taught  in  their  local  languages,  consistent  with  the  new  Constitution. 
The  military  services  continued  their  eflorts  to  recruit  ethnic  minorities  at  all  lev- 
els. All  new  recruits  are  screened  as  potential  officer  candidates,  and  those  who 
Sualify  are  offered  officer  training.  The  military  services  have  integrated  7,000  sol- 
iers  who  served  under  the  previous  regime  and  have  important  technical  skills. 
These  soldiers  and  former  militia  members  are  often  permitted  to  retain  their  pre- 
vious grade,  up  to  the  rank  of  colonel.  Seven  of  the  military's  nine  generals  are  non- 
Tigrayans. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Only  a  small  percentage  of  the  population  is  in- 
volved in  wage  labor  employment,  which  is  largely  concentrated  in  urban  areas.  Ap- 
proximately 85  percent  of  the  work  force  live  in  the  countryside,  engaged  in  subsist- 
ence farming. 

The  Constitution  and  the  Labor  Law  provide  most  workers  with  the  right  to  form 
and  join  unions  and  engage  in  collective  bargaining,  but  only  about  300,000  workers 
are  unionized.  In  general,  employees  of  the  civil  and  security  services  (where  most 
wage  earners  are  found),  judges,  and  prosecutors  are  not  allowed  to  form  unions. 
Workers  who  provide  an  "essential  service"  also  are  not  allowed  to  strike.  Essential 
services  incluae  a  large  number  of  categories  such  as  air  transport,  railways,  bus 
service,  police  and  fire  services,  post  and  telecommunications,  banks,  and  phar- 
macies. There  is  no  requirement  that  unions  belong  to  the  Confederation  of  Ethio- 
pian Trade  Unions  (CETU),  which  was  established  in  1993,  decertified  in  1994  be- 
cause of  internal  management  disputes,  and  officially  reestablished  and  recertified 
in  April.  The  CETU  includes  eight  federations  organized  by  industrial  and  service 
sector  rather  than  by  region.  With  the  reemergence  of  the  CETU,  the  Center  for 
International  Labor  Solidarity,  the  AFL-CIO's  Nairobi  regional  office,  has  reestab- 
lished a  working  relationship  with  it,  including  democracy  and  human  rights  edu- 
cation. 

The  Labor  Law  stipulates  that  a  trade  organization  may  not  act  in  an  overtly  po- 
litical manner.  It  explicitly  gives  workers  the  right  to  strike  to  protect  their  inter- 
ests, but  it  also  sets  forth  restrictive  procedures  that  apply  before  a  legal  strike  may 
take  place.  These  apply  equally  to  an  employer's  right  to  lock  out  workers.  Strikes 
must  be  supported  by  a  majority  of  the  workers  affected.  The  Labor  Law  prohibits 
retribution  against  strikers.  Both  sides  must  make  efTorts  at  conciHation,  provide  at 
least  10  days  notice  to  the  Government,  include  the  reasons  for  the  action,  and  in 
cases  already  before  a  court  or  labor  board,  the  party  must  provide  at  least  a  30- 
day  warning.  If  an  agreement  between  unions  and  management  cannot  be  reached, 
the  Minister  of  Labor  may  refer  the  case  to  arbitration  by  a  Labor  Relations  Board 
(LRB).  The  Government  has  established  LRB's  at  the  national  level  and  in  some  re- 
gions. The  Minister  of  Labor  and  Social  Affairs  appoints  each  LRB  chairman,  and 
the  four  board  members  include  two  each  from  trade  unions  and  employer  groups. 
Some  efforts  to  enforce  these  regulations  are  made  within  the  formal  industrial  sec- 
tor. 

In  a  strike  by  shopkeepers  and  businessmen  in  May,  police  closed  some  strikers' 
shops  and  revoked  their  business  licenses. 

Independent  unions  and  those  belonging  to  the  CETU  are  free  to  affiliate  with 
and  participate  in  international  labor  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  is  pro- 
tected under  the  Labor  Law  and  under  the  Constitution,  and  it  is  practiced  freely 
throughout  the  country.  Collective  bargaining  agreements  concludea  between  1975 


120 

and  the  promulgation  of  the  1993  Labor  Law  are  covered  under  the  1975  labor  code 
and  remain  in  force.  Labor  experts  estimate  that  more  than  90  percent  of  unionized 
workers  are  covered  by  collective  bargaining  agreements.  Wages  are  negotiated  at 
the  plant  level.  The  law  prohibits  antiunion  discrimination  by  employers  against 
union  members  and  organizers.  There  are  ^evance  procedures  for  hearings  on  alle- 
gations of  discrimination  brought  by  individuals  or  unions.  Employers  found  guilty 
of  antiunion  discrimination  are  required  to  reinstate  workers  fired  for  union  activi- 
ties. 

There  are  no  export  processing  zones. 

c.  Prokibition  of  Forced  or  Compulsory  Labor. — The  Constitution  proscribes  slav- 
ery, which  was  officially  abolished  in  1942,  and  involuntary  servitude.  There  are  no 
reports  of  slavery  within  Ethiopia,  but  there  were  numerous  anecdotal  accounts  of 
young  people,  especially  girls,  being  sent  by  their  families  into  involuntary  servitude 
in  Saudi  Arabia  and  other  Arabian  Peninsula  states  to  work  as  house  servants  and 
nannies,  some  of  whom  are  kept  in  sexual  bondage.  There  is  reportedly  a  network 
of  sex  smugglers  based  in  the  tourism  and  import-export  sectors  who  are  heavily 
involved  in  soliciting  potential  clients,  recruiting  young  girls,  arranging  travel,  and 
fabricating  counterfeit  work  permits,  travel  documents,  and  birth  certificates.  More 
than  40  travel  agents  and  import-export  operators  have  been  indicted  for  these  il- 
licit activities  (see  also  Sections  5  ana  6.d.). 

The  Criminal  Code  specifically  prohibits  forced  labor,  but  it  can  be  used  by  court 
order  as  a  punitive  measure.  It  does  not  apply  to  children  age  15  or  younger. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Under  the 
Labor  Law,  the  minimum  age  for  wage  or  salary  employment  is  14  years;  children 
between  the  ages  of  14  and  18  years  are  covered  by  special  provisions.  Forced  or 
compulsory  latwr  by  children  is  illegal.  However,  there  are  reports  that  children  are 
sent  into  involuntary  servitude  abroad,  and  that  children  are  stolen  from  the  coun- 
tryside and  sold  to  bar  and  liquor  store  owners  (see  Sections  5  and  6.c.).  Children 
may  not  work  more  than  7  hours  per  day;  work  between  the  hours  of  10  p.m.  and 
6  a.m.;  work  on  public  holidays  or  rest  days;  or  perform  overtime  work.  Authorities 
make  some  efforts  to  enforce  these  regulations  within  the  formal  industrial  sector. 
Social  welfare  activists,  civic  organizers,  government  officials  and  entrepreneurs 
agree  that  child  labor  is  pervasive  throughout  the  country,  especially  in  the  informal 
sector.  Large  numbers  oi  children  of  all  ages  grow  and  harvest  crops  outside  most 
government  regulatory  control  in  the  countryside,  or  work  as  street  peddlers  in  the 
cities. 

e.  Acceptable  Conditions  of  Work. — There  is  no  minimum  wage  in  the  private  sec- 
tor. However,  since  1985  a  minimum  wage  has  been  set  and  paid  to  public  sector 
employees,  by  far  the  largest  group  of  wage  earners.  This  public  sector  minimum 
wage  is  about  $18  (120  birr)  per  month,  which  is  insufficient  to  provide  a  decent 
standard  of  living  for  a  worker  and  family.  According  to  the  Office  of  the  Study  of 
Wages  and  Other  Remunerations,  a  family  of  five  requires  a  monthly  income  of  $61 
(414  birr). 

The  legal  workweek,  as  stipulated  in  the  Labor  Law,  is  48  hours,  consisting  of 
6  days  of  8  hours  each,  with  a  24-hour  rest  period.  However,  in  practice,  most  em- 
ployees work  a  40-hour  workweek,  consisting  of  5  days  of  8  hours  each. 

The  Government,  industry,  and  unions  negotiate  to  set  occupational  health  and 
safety  standards.  However,  the  Inspection  Department  of  the  Ministry  of  Labor  and 
Social  Affairs  enforces  these  standards  ineffectively  due  to  a  lack  of  human  and  fi- 
nancial resources.  Workers  have  the  right  to  remove  themselves  from  dangerous 
work  situations  without  jeopardy  to  continued  employment. 


GABON 

A  one-party  state  until  1990,  Gabon  held  its  first  multiparty  elections  in  1991, 
with  President  Omar  Bongo's  party  retaining  a  large  majority  in  the  National  As- 
sembly. President  Bongo,  in  oftice  since  1967,  was  reelected  in  1993  in  an  election 
marred  by  serious  irregularities.  After  several  months  of  contention  and  civil  unrest, 
political  parties  supporting  the  President  and  the  principal  opposition  parties  nego- 
tiated in  October  1994  the  "Paris  Accords."  These  agreements  includea  promises  of 
reforms  to  amend  electoral  procedures,  to  include  opposition  leaders  in  government, 
and  to  assure  greater  respect  for  human  rights.  These  were  approved  by  a  national 
referendum  in  July  1995.  Opposition  parties  won  disorganized  municipal  elections 
in  the  capital  in  October  and  November,  while  in  December  parties  supporting  the 
President  won  more  than  two-thirds  of  the  seats  in  the  National  Assembly  in  poorly 
run,  fraudulent  elections.  Regional  councils  later  elected  91  members  of  the  new  na- 


121 

tional  Senate,  more  than  half  of  whom  represent  the  President's  party.  The  judiciary 
is  independent  but  remains  vulnerable  to  government  manipulation. 

TTie  national  police  and  the  gendarmerie  enforce  the  law  and  maintain  public  se- 
curity. In  conformity  with  the  Paris  Accords,  the  National  Assembly  reassigned  au- 
thority over  these  security  forces  from  the  Ministiy  of  Defense  to  the  Ministry  of 
the  Interior  and  redesignated  as  the  "Republican  Guard,"  an  elite,  heavily  armed 
corps  that  protects  the  President.  In  1994  the  Defense  Minister  used  this  corps  for 
violent  repression  of  public  dissent;  there  have  been  no  reported  incidents  since  that 
time.  Security  forces  on  occasion  beat  persons  in  custody. 

The  Government  generally  adheres  to  free  market  principles,  particularly  in  the 
export  sector,  in  which  trade  is  dominated  by  p>etroleum,  timber,  and  minerals.  A 
majority  of  woricers  in  the  formal  sector  are  employed  by  the  Government  or  by 
lai^e,  inefficient,  state-owned  organizations,  although  the  country  did  make 
progress  in  1997  toward  its  privatization  goals.  Per  capita  income  is  approximately 
$4,600  annually,  and  income  distribution  is  badly  skewed  in  favor  of  uroan  dwellers 
and  a  small  economic  elite.  Immigrants  from  other  African  countries  dominate  the 
informal  sector.  The  rural  population  is  poor  and  receives  few  social  services.  Finan- 
cial mismanagement  and  corruption  have  resulted  in  significant  arrears  in  domestic 
and  external  debt.  The  Government  continued  to  meet  most  of  its  structural  adjust- 
ment performance  goals. 

The  Government  generally  respected  the  rights  of  its  citizens  in  many  areas;  how- 
ever, longstanding  human  rights  abuses  continued. 

The  security  forces  beat  and  tortured  prisoners  and  detainees,  and  prison  condi- 
tions remained  abysmal.  Societal  discrimination  and  violence  against  women,  and 
exploitation  of  expatriate  children  as  domestic  and  agricultural  workers  remained 
problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killing. 

On  August  25,  following  a  round  of  voting  in  a  local  legislative  by-election,  five 
people  were  killed  and  at  least  three  wounded  during  a  clash  over  transporting  a 
DaUot  box  near  the  city  of  Makokou.  Claiming  election  fraud,  supporters  of  one  party 
attempted  to  block  gendarmes  from  moving  the  ballot  box  to  the  official  ballot  count- 
ing site.  Both  party  members  and  gendarmes  claimed  the  other  side  initiated  the 
shooting. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  or  cruel  ana  inhuman  punishment.  However,  se- 
curity forces  often  beat  or  physically  mistreat  prisoners  and  detainees  as  punish- 
ment and  to  exact  confessions. 

Conditions  in  most  prisons  are  abysmal  and  life  threatening.  Sanitation  and  ven- 
tilation are  poor,  and  medical  care  is  almost  nonexistent.  Prisons  provide  inad- 
equate food  lor  inmates.  There  were  no  known  visits  by  human  rights  monitors  to 
prisons  during  the  year. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  provides  for  up  to  48  hours  of 
initial  preventive  detention,  during  which  time  police  must  charge  a  detainee  before 
a  judge.  In  practice,  however,  police  rarely  respect  this  provision.  Bail  may  be  set 
if  there  is  to  be  a  further  investigation.  Pretrial  detainees  have  the  right  to  free  ac- 
cess to  their  attorneys,  and  this  righi  is  respected  in  practice.  Detainees  have  the 
right  to  an  expeditious  trial,  as  defined  by  the  law.  Pretrial  detention  is  limited  to 
6  months  for  a  misdemeanor  and  to  1  year  for  a  felony  charge.  These  periods  may 
be  extended  for  6  months  by  the  examining  magistrate.  The  Attorney  General's  of- 
fice estimates  that  roughly  40  percent  of  persons  in  custody  are  pretrial  detainees. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary. The  judiciary  is  generally  independent  but  remains  vulnerable  to  government 
manipulation. 

The  Constitution  provides  for  the  right  to  a  public  trial  and  the  right  to  legal 
counsel.  These  rights  are  generally  respected  in  criminal  cases.  Nevertheless,  proce- 
dural safeguards  are  lacking,  particularly  in  state  security  trials.  The  law  applies 
the  concept  of  presumed  guilt.  A  judge  may  thus  deliver  an  immediate  verdict  at 
the  initial  hearing,  if  sufficient  evidence  is  presented  by  the  State. 

The  judicial  system  includes  the  regular  courts,  a  military  tribunal,  and  a  civilian 
State  Security  Court.  The  regular  court  system  includes  trial  courts,  appellate 
courts,  and  the  Supreme  Court.  The  Constitutional  Court  is  a  separate  body  charged 


122 

with  examining  constitutional  questions,  including  the  certification  of  elections. 
There  are  no  traditional  or  customary  courts.  In  some  areas,  minor  disputes  may 
be  taken  to  a  local  chief,  but  the  Government  does  not  recognize  such  decisions.  The 
State  Security  Court,  last  convened  in  1990,  is  constituted  by  the  Government  as 
required  to  consider  matters  of  state  security. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — ^The 
Constitution  provides  for  protection  from  surveillance,  from  searches  without  war- 
rant, and  from  interference  with  private  telecommunications  or  correspondence.  As 
part  of  criminal  investigations,  police  may  request  search  warrants  from  judges, 
which  they  obtain  easily,  sometimes  after  the  fact.  The  Government  has  used  them 
in  the  past  to  gain  access  to  the  homes  of  opposition  figures  and  their  families.  Gov- 
ernment authorities  also  routinely  monitor  private  telephone  conversations,  per- 
sonal mail,  and  the  movements  of  citizens. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  in  practice,  citizens  speak  freely  and  criticize  leaders.  Legislators 
in  the  National  Assembly  openly  criticize  government  policies,  ministers,  and  other 
officials. 

The  only  daily  newspaper  is  the  government-owned  LTJnion,  but  there  are  more 
than  a  half-dozen  weekly  or  periodical  publications  in  newspaper  format,  represent- 
ing indef)endent  views  and  those  of  various  political  parties.  All — including 
L'Union — actively  criticize  the  Government  and  political  leaders  of  all  parties.  Most 
also  criticize  the  President. 

The  National  Communication  Council  (NCC),  an  appointed  body,  imposed  restric- 
tions on  opposition-owned  media  several  times.  One  opposition  weekly  was  sus- 
pended for  a  month  for  publishing  an  article  that  allegedly  threatened  the  Presi- 
dent, and  an  opposition-owned  radio  station  was  twice  censured  for  broadcasting 
interviews  and  listener  comments  judged  by  the  NCC  to  be  dangerous  to  public 
order. 

The  Government  controls  the  national  electronic  media,  which  reach  all  areas  of 
the  country.  Four  private  radio  stations  have  been  licensed.  A  fifth  station  pre- 
viously operating  under  a  temporary  closed  for  financial  reasons.  Journalists  are 
subject  to  an  extensive  code  of  rights  and  responsibilities  approved  by  the  National 
Assembly  in  1995. 

The  Government  does  not  interfere  with  broadcasts  of  international  radio  stations 
Radio  France  1,  Africa  No.  1,  or  the  Voice  of  America.  Foreign  newspapers  and  mag- 
azines are  widely  available. 

There  are  no  restrictions  on  academic  freedom,  including  research. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Citizens  and  recognized  orga- 
nizations normally  enjoy  freedom  of  assembly  and  association,  which  are  provided 
for  by  the  Constitution.  Groups  must  obtain  permits  for  public  gatherings  in  ad- 
vance, and  the  Government  usually  grants  them. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  religious  freedom,  and  au- 
thorities do  not  engage  in  religious  persecution  or  favoritism.  There  is  no  state  reli- 
gion. While  the  Government  has  not  lifted  its  ban  on  Jehovah's  Witnesses,  neither 
has  it  enforced  this  ban. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights.  There  are  no  legally  man- 
dated restrictions  on  internal  movement.  Police  and  gendarmes  frequently  stop  trav- 
elers to  check  identity,  residence,  or  registration  documents,  and  members  of  the  se- 
curity forces  regularly  harass  expatriate  Africans  working  legally  as  merchants, 
service  sector  employees,  and  manual  laborers.  They  extorted  bribes  and  demanded 
services  with  the  threat  of  confiscation  of  residence  documents  or  imprisonment. 
Residence  permits  cost  up  to  $1,000. 

An  unevenly  enforced  law  requires  married  women  to  have  their  husbands'  per- 
mission to  travel  abroad.  An  exit  visa  is  no  longer  required  for  citizens  to  travel 
abroad.  Aliens  resident  in  the  country  must  obtain  a  visa  in  order  to  leave  and  re- 
turn. 

The  Government  strictly  controls  the  process  of  refugee  abjudication.  Coordination 
with  the  U.N.  High  Commissioner  for  Refugees  (UNHCR)  is  generally  adequate,  and 
during  the  year  the  Government  provided  first  asylum  to  more  than  1,500  persons. 
However,  in  the  course  of  an  involuntary  repatriation  of  Rwandan  nationals  in  Au- 
gust, the  Government  deported  at  least  eight  individuals  who  had  been  recognized 
by  the  UNHCR  as  having  a  legitimate  claim  to  refugee  status.  These  individuals 
were  returned  to  Rwanda  despite  the  objections  of  the  UNHCR.  There  were  about 
800  refugees  at  year's  end. 


123 

On  November  5,  gendarmes  arrested  and  forcibly  repatriated  two  prominent  polit- 
ical refugees  from  Equatorial  Guinea.  Felipe  Ondo  Obiang  (former  president  of  par- 
liament) and  Guillermo  Nguema  Ela  (former  finance  minister)  were  seized  by  gen- 
darmes iust  prior  to  the  November  6  ACP  sunmiit  in  Libreville.  The  arresting  ofncer 
reportedly  told  the  two  men,  who  were  registered  with  the  UNHCR  as  political  refu- 
gees, that  they  would  be  released  after  the  conference.  However,  instead  of  being 
released,  the  Government's  head  of  immigration  control  in  charge  of  refugees  de- 
clared that  they  had  no  claim  for  asylum.  They  reportedly  were  returned  to  Equa- 
torial Guinea  at  the  request  of  the  President,  whose  plane  was  used  to  deport  them. 
They  were  detained  at  the  presidential  complex  in  Eauatorial  Guinea,  but  report- 
edly released  on  November  11.  The  Government  failea  to  respond  to  international 
protests  over  the  treatment  of  these  refugees. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  1991  Constitution  explicitly  provides  this  right,  but  mismanagement  and  seri- 
ous irregularities  in  both  the  1990  and  1996  legislative  elections  and  the  1993  presi- 
dential election  called  into  serious  doubt  the  extent  to  which  this  right  exists  in 
practice. 

In  a  July  1995  constitutional  referendum,  citizens  approved  by  a  96  percent  ma- 
jority reforms  previously  agreed  in  the  Paris  Accords,  including  most  significantly 
the  establishment  of  an  independent  National  Electoral  Commission  (NE(J).  The  ref- 
erendum was  carried  out  under  arrangements  that  assured  that  all  political  parties 
could  monitor  voting  and  vote  counting. 

National  Assembfy,  Senate,  and  municipal  elections  were  held  in  late  1996,  after 
a  series  of  postponements  due  to  both  legislative  inaction  and  requests  by  the  NEC 
for  additional  time.  Delays  in  registering  voters  and  organizing  elections  were  at- 
tributed bv  all  sides  to  logistical  rather  tnan  political  obstacles. 

Local  elections  held  in  October  1996  were  poorly  organized  and  were  later  re- 
peated in  key  districts.  In  both  rounds,  opposition  parties  won  most  of  the  municipal 
council  seats  in  the  capital,  Libreville.  This  outcome  was  reversed  in  the  official  re- 
sults of  poorly  run  legislative  elections  held  in  December  1996,  in  which  parties 
supporting  the  President  took  more  than  80  of  the  120  National  Assembly  seats,  in- 
cluding 8  of  the  10  seats  representing  the  capital.  The  military  and  NEC  mag- 
istrates fraudulently  ensured  victory  for  parties  supporting  the  President  by  arbi- 
trarily altering  vote  counts,  particularly  in  the  capital.  In  early  1997,  municipal  and 
regional  leaders  elected  91  members  to  the  new  national  Senate  without  con- 
troversy. There  are  no  restrictions  on  the  participation  of  women  and  minorities  in 
politics.  There  are  6  women  among  the  120  National  Assembly  representatives,  9 
of  91  members  of  the  Senate  are  women,  and  there  is  1  woman  in  the  Cabinet. 
Women  serve  at  all  levels  within  the  various  ministries,  the  judiciary,  and  the  oppo- 
sition. Despite  governmental  protections,  indigenous  Pygmies  rarely  participate  in 
the  political  process,  and  the  Government  has  made  only  marginal  efforts  to  include 
them  (see  Section  5). 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  officially  allows  the  existence  of  independent  human  rights 
groups.  There  are  two  human  rights  groups,  neither  of  which  was  active.  There  were 
no  reports  of  harassment  by  officials. 

There  have  been  no  active  inquiries  from  foreign  groups  in  recent  years. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial  Status 

The  Constitution  forbids  discrimination  based  on  national  origin,  race,  gender,  or 
opinion.  The  Government  does  not  uniformly  enforce  these  constitutional  guarantees 
and  tolerates  a  substantial  degree  of  discrimination  against  women,  especially  in  do- 
mestic affairs.  It  has  also  provided  a  lower  level  of  health  care  and  educational  serv- 
ices to  children  of  families  of  other  African  nationalities  than  it  provided  to  citizens. 

y/omen. — Violence  against  women  is  common  and  is  especially  prevalent  in  rural 
areas.  While  medical  authorities  have  not  specifically  identified  rape  to  be  a  chronic 
problem,  religious  workers  and  hospital  staff  report  that  evidence  of  physical  beat- 
ings of  women  is  common.  Police  rarely  intervene  in  such  cases,  and  women  vir- 
tually never  file  complaints  with  civil  authorities.  Only  limited  medical  and  legal 
assistance  is  available. 

The  law  provides  that  women  have  rights  to  equal  access  in  education,  business, 
and  investment.  Women  own  businesses  and  property,  participate  in  politics,  and 
work  throughout  the  government  and  the  private  sector.  Women  nevertheless  con- 
tinue to  face  considerable  societal  and  legal  discrimination,  especially  in  rural  areas. 


124 

By  law  couples  must  stipulate  at  the  time  of  marriage  whether  they  will  adhere 
to  a  monogamous  or  a  polygynous  relationship.  For  monogamous  married  couples, 
a  conmion  property  law  provides  for  the  eaual  distribution  of  assets  after  divorce. 
Wives  who  leave  polygynous  husbands  sufier  severe  reductions  in  their  property 
rights.  In  inheritance  cases,  the  husband's  family  must  issue  a  written  authorization 
before  his  widow  can  inherit  property.  Common  law  marriage,  which  is  socially  ac- 
cepted and  widely  practiced,  affords  a  woman  no  property  rights. 

The  law  still  requires  that  a  woman  obtain  her  nusband's  permission  to  travel 
abroad;  however,  this  requirement  is  not  consistently  enforced. 

Children. — ^The  Government  has  used  oil  revenue  to  build  schools,  to  pay  ade- 
quate teacher  salaries,  and  to  promote  education,  even  in  rural  areas.  The  country 
has  a  relatively  high  infant  mortality  rate,  and  not  all  children  have  access  to  vac- 
cination. Traditional  beliefs  and  practices  provide  numerous  safeguards  for  children, 
but  children  remain  the  responsibility  of  the  extended  family — including  aunts, 
grandmothers,  and  older  siblings.  There  is  little  evidence  of  physical  abuse  of  chil- 
dren. Protection  for  children's  rights  is  not  codified  in  law. 

There  is  concern  about  the  problems  facing  the  large  community  of  children  of  Af- 
rican noncitizens.  Almost  all  enjoy  far  less  access  to  education  and  health  care  than 
do  children  of  Gabonese,  and  are  sometimes  victims  of  child  labor  abuses  (see  Sec- 
tion 6.d.).  Female  genital  mutilation,  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  occurs  among 
the  resident  population  of  expatriate  Africans.  There  are  no  laws  against  FGM,  but 
according  to  local  women's  groups  it  is  not  practiced  on  Gabonese  children. 

People  With  Disabilities. — There  are  no  laws  prohibiting  discrimination  against 
persons  with  disabilities,  nor  providing  for  access  to  buildings  or  services. 

Indigenous  People. — Several  thousand  indigenous  Pygmies  live  in  northeastern 
Gabon.  In  principle  they  enjoy  the  same  civil  rights  as  other  citizens.  Pygmies  are 
largely  independent  of  formal  authority,  keeping  their  own  traditions,  independent 
communities,  and  local  decisionmaking  structures.  Pygmies  did  not  participate  in 
government-instituted  programs  that  integrated  many  small  rural  villages  into  larg- 
er ones  along  major  roads.  As  a  result,  their  access  to  government-funded  healtn 
and  sanitation  facilities  was  limited.  There  are  no  specific  government  programs  or 
policies  to  assist  or  hinder  Pygmies. 

National  / Racial  / Ethnic  Minorities. — Persons  from  all  major  ethnic  groups  contin- 
ued to  occupy  prominent  positions  in  government,  in  the  military  services,  and  in 
the  private  sector.  Credible  reports  suggest,  however,  that  ethnic  favoritism  in  hir- 
ing and  promotion  is  p)ervasive.  There  was  evidence,  especially  within  the  armed 
forces,  that  members  of  the  President's  ethnic  group  held  a  disproportionately  large 
share  both  of  senior  positions  and  of  jobs  within  the  ranks. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  places  no  restrictions  on  the  right 
of  association  and  recognizes  the  right  of  citizens  to  form  trade  and  labor  unions. 
Virtually  the  entire  formal  private  sector  work  force  is  unionized.  Unions  must  reg- 
ister with  the  Government  in  order  to  be  recognized  ofiicially.  Public  sector  employ- 
ees may  unionize  although  their  right  to  strike  is  limited  if  it  could  jeopardize  public 
safety.  Until  1990  there  was  only  one  recognized  labor  organization,  the  Gabonese 
Labor  Confederation  (COSYGA),  to  which  all  unionized  workers  contributed  a  man- 
datory percentage  of  their  salaries.  In  1992  the  Government  accepted  the  establish- 
ment 01  independent  unions  and  abolished  the  mandatory  contribution  to  COSYGA. 

In  1994  the  National  Assembly  passed  an  extensively  revised  version  of  the  Labor 
Code,  which  was  published  and  implemented  in  early  1995.  The  Code  provides  ex- 
tensive protection  of  worker  rights. 

Strikes  are  legal  if  they  are  held  after  an  8-day  notice  advising  that  outside  arbi- 
tration has  failed.  The  Labor  Code  prohibits  direct  government  action  against  indi- 
vidual strikers  who  abide  by  the  arbitration  and  notification  provisions.  It  also  pro- 
vides that  the  Government  cannot  press  charges  against  a  group  as  a  whole  for 
criminal  activities  committed  by  individuals.  Unions  and  confederations  are  free  to 
affiliate  with  international  labor  bodies  and  participate  in  their  activities.  COSYGA 
is  affiliated  with  the  Organization  of  African  Trade  Union  Unity,  while  the  Gabo- 
nese Confederation  of  Free  Unions  (CGSL)  is  affiliated  with  the  International  Con- 
federation of  Free  Trade  Unions.  Both  COSYGA  and  CGSL  have  ties  with  numerous 
other  international  labor  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Code  provides  for 
collective  bargaining.  Labor  and  management  meet  to  negotiate  differences,  and  the 
Ministry  of  Labor  provides  an  observer.  This  observer  does  not  take  an  active  part 
in  negotiations  over  pay  scales,  working  conditions,  or  benefits.  Agreements  also 
apply  to  nonunion  woriters.  While  no  laws  specifically  prohibit  antiunion  discrimina- 


I 


125 

tion,  the  court  may  require  employers  found  guilty  by  civil  courts  of  having  engaged 
in  such  discrimination  to  compensate  employees. 
There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  labor, 
and  there  are  no  reports  that  it  exists  in  the  adult  community.  The  Gk)vemment  also 
specifically  prohibits  forced  and  bonded  labor  by  children,  but  does  not  enforce  this 
prohibition  effectively.  As  reported  by  UNICEF  and  other  concerned  organizations, 
immigrant  children  in  particular  are  often  found  working  as  domestic  or  agricul- 
tural nelp. 

An  international  human  rights  group  has  reported  children  in  countries  such  as 
Togo  and  Benin  were  seized  and  sold  into  domestic  servitude  in  Gabon.  No  con- 
firmed cases  were  available  at  year's  end.  There  is  no  organized  local  market  in 
child  labor. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Children 
below  the  age  of  16  may  not  work  without  the  express  consent  of  the  Ministries  of 
Labor,  Education,  and  Public  Health.  These  ministries  rigorously  enforce  this  law 
with  respect  to  children,  and  there  are  few  Gabonese  under  the  age  of  18  working 
in  the  modem  wage  sector.  A  significant  number  of  children  work  in  marketplaces 
or  perform  domestic  duties.  The  United  Nations  Children's  Fund  and  other  con- 
cerned organizations  have  reported  that  government  ofiicials  often  privately  use  for- 
eign child  labor,  mainly  as  domestic  or  agricultural  help.  These  children  do  not  go 
to  school,  have  only  limited  means  of  acquiring  medical  attention,  and  are  often  vic- 
tims of  exploitation  by  employers  or  foster  families.  Laws  forbidding  child  labor 
theoretically  extend  protection  to  foreign  children  as  well,  but  abuses  often  are  not 
reported.  Education  is  compulsory  until  age  16. 

The  Government  prohibits  forced  and  bonded  labor  by  children,  but  does  not  en- 
force this  prohibition  effectively  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  governs  working  conditions 
and  benefits  for  all  sectors  and  provides  a  broad  range  oi  protection  to  workers.  The 
Code  stipulates  a  40-hour  workweek  with  a  minimum  rest  period  of  48  consecutive 
hours.  Employers  must  compensate  workers  for  overtime  work.  All  companies  in  the 
modem  wage  sector  pay  competitive  wages  and  grant  generous  fringe  benefits  re- 
quired by  law,  including  maternity  leave  and  6  weeks  of  annual  paid  vacation. 

Traditionally,  representatives  of  labor,  management,  and  the  Government  met  an- 
nually to  examine  economic  and  labor  conditions  and  to  recommend  a  minimum 
wage  rate  within  government  guidelines  to  the  President,  who  then  issued  an  an- 
nual decree.  This  procedure  was  not  followed  in  1995,  1996,  or  1997,  in  part  because 
the  Government  was  pursuing  a  policy  of  wage  austerity  recommended  by  inter- 
national financial  institutions.  The  monthly  minimum  wage  was  kept  at  its  1994 
level  of  about  $110  (cfa  64,000).  Wages  provide  a  decent  standard  of  living  for  a 
worker  and  family. 

The  Ministry  of  Health  has  established  occupational  health  and  safety  standards, 
but  does  not  effectively  enforce  or  regulate  them.  Application  of  labor  standards  var- 
ies greatly  from  company  to  company  and  between  industries.  The  Government  re- 
f)ortedly  does  not  enforce  Labor  Code  provisions  in  sectors  where  the  bulk  of  the 
abor  force  is  non-Gabonese.  Foreigners,  both  documented  and  undocumented,  may 
be  obliged  to  work  under  substandard  conditions;  may  be  dismissed  without  notice 
or  recourse;  or  may  be  physically  mistreated,  especially  in  the  case  of  illegal  aliens. 
Employers  frequently  require  longer  hours  of  work  from  noncitizen  Africans  and  pay 
them  less,  often  hiring  on  a  short-term,  casual  basis  in  order  to  avoid  paying  taxes, 
social  security  contributions,  and  other  benefits.  In  the  formal  sector,  workers  may 
remove  themselves  from  dangerous  work  situations  without  fear  of  retribution. 


THE  GAMBIA 

The  Gambia  is  ruled  by  President  Yahya  A.J.J.  Jammeh,  the  former  chairman  of 
the  Armed  Forces  Provisional  Ruling  Council  (AFPRC)  that  seized  power  in  a  coup 
d'etat  in  1994,  deposing  the  democratically  elected  government  of  Sir  Dawda 
Jawara.  Jammeh  became  President  following  controversial  elections  in  September 
1996,  which  observers  considered  neither  free  nor  fair.  Following  his  election, 
Jammeh  dissolved  the  AFPRC  and  declared  the  Cabinet  to  be  the  sole  ruling  body 
until  the  election  of  the  National  Assembly  and  the  adoption  of  a  new  Constitution. 
Four  of  the  13  Cabinet  members  are  retired  army  ofilcers  who  were  Jammeh's  allies 
during  or  immediately  following  the  coup,  and  the  armed  forces  strongly  support  the 
Government.  In  January  the  Constitution  of  the  Second  Republic  came  into  effect, 
restoring  formal  constitutional  government,  and  citizens  chose  a  new  National  As- 


126 

sembly  in  elections  whose  results  generally  were  accepted  by  the  opposition. 
Jammeh's  party,  the  Alliance  for  Patriotic  Reorientation  and  Construction  (APRC) 
won  33  of  the  45  Assembly  seats  filled  by-election.  Although  formal  constitutional 
rule  was  restored,  key  constitutional  provisions  have  not  been  tested  in  the  courts 
and  opposition  forces  continue  to  encounter  official  interference.  The  judiciary  re- 
portedly has  been  at  times  subject  to  executive  branch  pressure,  but  courts  dem- 
onstrated their  independence  in  1997  in  a  number  of  cases. 

The  Gambian  National  Army  (GNA)  reports  to  the  Minister  of  Defense  (who  is 
now  the  President).  The  police  report  to  the  Minister  of  Interior.  The  National  Intel- 
ligence Agency  (NIA),  established  in  1995  by  government  decree,  reports  directly  to 
the  President  but  is  otherwise  autonomous.  Members  of  the  security  forces  commit- 
ted serious  human  rights  abuses. 

The  Gambia's  population  of  just  over  1  million  consists  largely  of  subsistence 
farmers  growing  rice,  millet,  maize,  and  groundnuts  (peanuts),  the  country's  pri- 
mary export  crop.  The  private  sector,  led  by  reexporting,  fisheries,  horticulture,  and 
tourism,  contracted  after  the  1994  coup  but  is  regaining  strength.  However,  cuts  in 
international  economic  assistance  coupled  with  hi^  population  growth  and  a  poor 
harvest  have  hampered  any  rapid  economic  growth.  Per  capita  gross  domestic  prod- 
uct is  estimated  to  be  $360. 

The  (jovemment's  human  rights  record  improved  somewhat,  but  serious  problems 
remain.  President  Jammeh's  dominance  and  restrictions  on  opposition  parties  con- 
tinued, and  in  practice  citizens  still  do  not  have  an  effective  right  to  change  their 
government,  however,  legislative  elections  held  in  January  were  accepted  by  the  op- 
position; presidential  elections  are  scheduled  for  2001.  Security  forces  beat  detainees 
and,  in  one  serious  incident,  security  officials  detained  and  tortured  eight  opposition 
party  supporters.  Prison  conditions  remained  poor.  On  occasion  security  forces  arbi- 
trarily arrested  and  detained  citizens,  and  the  courts  are  traditionally  responsive  to 
executive  branch  pressure,  although  they  demonstrated  their  independence.  The 
Constitution  declares  illegal  the  prosecution  of  any  member  of  the  AFRC  for  any  of- 
ficial act  or  omission  in  me  performance  of  official  duties  following  the  1994  coup. 
The  Government  limited  freedom  of  assembly  and  association.  Although  opposition 
forces  were  active  and  vocal  in  the  National  Assembly,  decrees  limiting  certain  polit- 
ical and  other  human  rights  remained  in  effect,  (jfovemment  intimidation  of  the 
press  continued,  and  the  independent  press  practiced  self-censorship.  The  right  to 
travel  and  the  right  to  transfer  funds  or  assets  remained  restricted  for  some  senior 
officials  of  the  former  Jawara  government  facing  corruption  charges.  Discrimination 
and  violence  against  women  persists.  While  government  health  professionals  have 
focused  greater  attention  on  the  dangers  of  female  genital  mutilation,  the  practice 
is  widespread  and  entrenched. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  confirmed  reports  of 
political  or  other  extrajudicial  killings. 

The  circumstances  of  the  death  of  Yaya  Drammeh,  a  rebel  accused  of  treason,  at 
Mile  2  prison  on  May  25  have  not  been  publicly  explained.  Drammeh  was  one  of 
five  men  accused  of  treason  for  his  role  in  an  attack  on  an  army  barracks  in  Novem- 
ber 1996  during  which  six  soldiers  were  killed. 

In  October  a  group  of  soldiers  patrolling  a  beach  shot  and  killed  a  man.  The  De- 
partment of  State  for  Defense  offered  official  condolences  and  stated  the  matter 
would  be  "judiciously  and  expeditiously  addressed."  At  year's  end  there  had  been  no 
reports  of  arrest  or  charges. 

There  were  no  developments  in  the  1995  deaths  of  Saidbou  Haidara  or  Finance 
Minister  Ousman  Koro-Ceesay.  The  opposition  continued  to  use  the  lack  of  effective 
investigation  in  these  cases  to  criticize  the  (Jovemment. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  forbids  torture  or  inhuman  or  degrading  punishment.  However, 
agents  of  the  State  used  torture  on  at  least  one  documented  occasion,  and  security 
forces  also  beat  military  and  security  detainees. 

In  June  eight  United  Democratic  Party  (UDP)  officials  and  supporters  (seven  men 
and  one  woman)  were  arrested,  detained  at  National  Intelligence  Agency  (NIA) 
headauarters,  and  tortured  by  security  forces.  At  a  press  conference,  they  revealed 
cuts,  bruises,  and  lacerations  on  their  bodies.  Other  reports  indicated  more  serious 
physical  abuses.  On  June  26,  the  (jovemment  promised  a  full  investigation  and  ap- 
propriate action  by  the  Attorney  General.  Since  the  incident,  police  investigators 
nave  interviewed  some  witnesses;  however,  no  one  has  been  arrested  and  no  results 


127 

of  the  investigation  have  been  made  pubHc.  The  press  and  human  rights  observers 
also  report  the  detention  and  severe  beating  of  UDP  member  Yaya  Sanneh,  who  was 
arrested  by  soldiers  on  July  27.  Sanneh  was  reportedly  held  for  several  davs  after 
making  comments  about  an  abortive  attack  on  a  military  base  near  the  border  with 
Senegal. 

Prison  conditions  at  Mile  2  and  Janjanbureh  prisons  remained  poor.  Mile  2  prison 
was  reported  to  be  austere,  overcrowded,  and  lacking  in  medical  facilities.  Prisoners 
are  locKed  in  their  cells  for  over  20  hours  each  day.  There  were  credible  reports  of 
beatings,  malnourishment  and  other  harsh  treatment  of  political,  military,  and  secu- 
rity detainees.  Women  are  housed  separately. 

in  June  newspaper  reports  claimed  that  there  was  a  riot  at  Mile  2  Prison  in 
which  12  prisoners  were  mjured.  Two  reportedly  later  died  of  the  injuries.  The  Gov- 
ernment contested  these  reports  and  specifically  denied  that  anv  prisoners  had  been 
killed.  In  July  police  raided  Mile  2  prison  in  an  attempt  to  curb  reported  drug  traf- 
ficking and  poor  performance  by  security  guards.  Subsequently,  however,  a  number 
of  prison  guards  were  dismissed  and  the  prison  was  placed  under  new  management. 

Conditions  in  one  local  jail  were  reportedly  unsanitary  and  overcrowded,  inmates 
slept  on  cement  benches  or  the  floor  with  no  blankets.  There  was  one  water  tap  in 
the  cell  area,  but  often  no  water. 

Following  visits  by  the  International  Committee  of  the  Red  Cross  (ICRC),  in  late 
1996  the  Government  agreed  in  principle  to  prison  visits  by  the  African  Center  for 
Democracy  and  Human  Rights  Studies  (ACDHR).  The  ICRC  visited  Mile  2  prison 
at  least  twice  in  1997,  but  by  year's  end  there  had  been  no  visits  by  the  ACDHR. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  new  Constitution  includes  provisions 
to  provide  protection  against  arbitrary  arrest  and  detention.  However,  on  occasion 
security  forces  arbitrarily  arrested  and  detained  citizens.  Periods  of  detention 
ranged  from  a  few  hours  to  5  days.  In  1995  the  AFPRC  declared  by  decree  that  the 
NIA  would  have  the  power  to  search,  seize,  detain,  or  arrest  any  individual  or  prop- 
erty without  due  process,  and  that  the  Minister  of  Interior  could  order  a  90-day  de- 
tention without  cnaree  and  not  subject  to  writ  of  habeas  corpus.  In  1996  Decree  66 
gave  the  Minister  of  Interior  authority  to  extend  detentions  without  charge  for  re- 
newable 90-day  increments.  These  decrees  have  not  been  formally  revoked,  and  the 
new  Constitution  provides  that  such  decrees  remain  in  efiect  until  found  to  be  in- 
consistent with  its  provisions.  The  Government  has  stated  that  it  no  longer  enforces 
these  decrees;  in  practice  the  Government  appears  not  to  enforce  them.  The  Con- 
stitution now  requires  that  detainees  be  brought  before  a  court  within  72  hours  and 
police  appear  to  be  respecting  this  provision  in  practice. 

While  approximately  30  people  nave  been  briefly  held  and  questioned,  the  last 
group  of  political  detainees  (including  former  member  of  Parliament  Lamin  Waa 
Juwara)  dating  from  the  AFPRC  regime  was  released  on  February  3. 

Three  opposition  supporters  were  detained  without  charges  for  several  days  in 
March.  Eight  opposition  party  officials  and  supporters  were  detained  for  5  days  in 
June  and  tortured  in  detention  (see  Section  I.e.).  In  July  another  opposition  party 
member  reportedly  was  detained  for  several  days  and  tortured.  In  other  instances, 
opposition  party  supporters  and  oflicials  were  held  for  questioning  for  periods  of  less 
than  1  day. 

In  January  journalist  Moco  Mccauley  was  detained  for  2  days,  charged  with  work- 
ing illegally,  and  threatened  with  deportation  to  Liberia.  After  his  release,  Mccauley 
fled  to  Sierra  Leone,  citing  harassment  from  the  Government. 

In  July  police  called  in  for  questioning  journalists  Alhagi  Yorro  Jallow  and  Alieu 
Badara  Sowe,  demanded  that  they  reveal  their  sources,  detained  them  briefly,  and 
summoned  them  for  questioning  several  times  over  a  period  of  several  days.  Both 
Jallow  and  Badara  had  written  articles  reporting  a  prison  riot. 

The  Government  did  not  exile  opponents.  However,  former  President  Jawara  re- 
mains outside  the  country  under  threat  of  arrest  and  detention  on  corruption 
charges  if  he  returns.  Other  senior  oflicials  of  the  former  government,  e.g.,  Vice 
President  Saihou  Sabally,  and  Secretary  General  Abdou  Sara  Janha,  also  remain 
outside  the  country  but  do  not  face  official  charges. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary; however,  the  judiciary  reportedly  has  been  at  times  subject  to  executive 
branch  pressure,  but  courts  demonstrated  their  independence  in  1997  in  a  number 
of  cases.  For  example,  in  October  the  Court  of  Appeal,  the  country's  highest  court, 
overturned  the  treason  convictions  and  death  sentences  of  four  men  who  led  an 
abortive  coup  in  November  1996.  The  Government  is  appealing  this  decision  to  the 
Privy  Counal  in  London.  The  Court  of  Appeal  has  also  overturned  several  criminal 
convictions  in  less  publicized  cases. 

The  judicial  system  comprises  a  Judicial  Committee  of  the  Privy  Council  (based 
in  London),  the  Court  of  Appeal,  high  courts,  and  the  eight  magistrate's  courts.  The 


128 

new  Constitution  providea  for  an  October  1998  reconfiguration  of  the  courts  in 
which  a  Supreme  Court  would  replace  the  Privy  Council  as  the  ultimate  court  of 
appeal.  Village  chiefs  preside  over  local  courts  at  the  village  level. 

The  AFPRC  appointed  a  number  of  commissions  to  investigate  individuals  and  or- 
ganizations suspected  of  corruption  during  the  First  Republic.  These  commissions 
have  powers  similar  to  a  grand  jury,  with  additional  authority  to  recommend  the 
seizure  of  assets,  to  imprison  and  fine  for  contempt,  and  to  imprison  or  demand 
bond  from  individuals  considered  likely  to  abscond.  There  is  a  ban  on  political  activ- 
ity by  ministers  of  the  former  government  and  three  political  parties.  This  ban  is 
inconsistent  with  the  new  Constitution,  but  has  not  been  challenged  in  court  or 
withdrawn  by  the  Government.  Violation  of  the  ban  is  punishable  by  life  imprison- 
ment. 

The  judicial  system  reco^izes  customary,  Shari'a,  and  general  law.  Customary 
law  covers  marriage  and  divorce  for  non-Muslims,  inheritance,  land  tenure,  tribal 
and  clan  leadership,  and  all  other  traditional  and  social  relations.  Shari'a  law  is  ob- 
served primarily  in  Muslim  marriage  and  divorce  matters.  Under  Shari'a  women  re- 
ceive half  of  what  men  receive  in  inheritance.  General  law,  following  the  English 
model,  applies  to  felonies,  misdemeanors  in  urban  areas,  and  the  formal  business 
sector.  Trials  are  public,  and  defendants  have  the  right  to  an  attorney  at  their  own 
cost. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
new  Constitution  prohibits  such  abuses,  and  the  Government  generally  respects 
these  prohibitions  in  practice.  The  Government,  however,  has  not  canceled  Decree 
45,  which  abrogated  constitutional  safeguards  against  arbitrary  search,  but  remains 
formally  in  effect  pending  a  finding  by  a  court  of  law  that  the  decree  is  inconsistent 
with  the  Constitution.  In  practice  the  Government  appears  not  to  enforce  it. 

In  March  three  UDP  members  were  arrested  at  the  party  leader's  house  and  held 
without  charges  for  a  few  days.  In  November  police  briefly  disrupted  a  political 
gathering  at  the  same  house. 

On  June  8  a  number  of  UDP  activists  were  arrested  at  a  cinema  hall  and  another 
was  arrested  in  the  street  outside  a  minister's  home.  On  September  25,  two  UDP 
peirty  secretariat  members  were  arrested  on  private  premises  while  holding  a  meet- 
ing. They  were  released  without  charge  the  same  day.  An  editor  of  the  New  Citizen, 
which  repeated  the  inaccurate  charge  in  a  UDP  press  release  that  the  party  mem- 
bers were  tortured  by  police,  was  detained  for  6  hours,  told  that  he  would  be 
charged  with  causing  public  alarm,  and  released  without  charge  but  warned  that 
the  matter  was  still  under  investigation. 

Observers  assume  that  the  Government  monitors  citizens  engaged  in  activity  that 
it  deems  objectionable.  In  the  past,  surveillance  included  monitoring  of  telephones 
and  mail.  Various  investigating  commissions  made  findings  this  year  resulting  in 
the  forfeiture  of  private  property,  principally  that  held  by  former  government  and 
parastatal  officials.  The  work  of  these  commissions,  which  began  under  the  AFPRC 
re^me,  is  sanctioned  under  the  new  Constitution  with  provisions  for  due  process. 
It  IS  not  clear,  however,  that  the  full  rights  of  due  process  were  accorded  to  ofiicials 
investigated  by  the  commissions  before  the  Constitution  took  effect.  The  evidentiary 
standards  applied  by  the  commissions  in  ordering  the  forfeiture  of  money  and  prop- 
erty are  not  clear,  and  orders  by  the  commissions  have  not  yet  been  subject  to  effec- 
tive judicial  review. 

The  Government  restricted  the  right  to  transfer  funds  or  assets  of  some  senior  of- 
ficials of  the  former  Jawara  government  accused  of  corruption. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  new  Constitution  provides  for  freedom  of 
speech  and  the  press;  however,  in  practice  the  Government  significantly  limits  the 
full  exercise  of  these  freedoms  by  using  police  pressure  and  laws  that  inhibit  the 
media. 

In  January  two  foreign  journalists  and  one  foreign  employee,  working  for  the 
independent  newspaper  The  Daily  Observer,  were  deported  for  working  out  of  sta- 
tus, after  the  paper  ran  a  series  of  articles  critical  of  immigration  authorities.  Daily 
Observer  offices  were  visited  several  times  by  immigration  police  and  by  the  Na- 
tional Intelligence  Agency.  In  October  the  editor  of  the  Daily  Observer  was  deported 
for  failing  to  pay  certain  payroll  taxes. 

The  Government  employed  arrest,  detention,  and  interrogation  to  intimidate  jour- 
nalists and  newspapers  that  published  articles  that  it  considered  inaccurate  or  sen- 
sitive (see  Section  l.d.).  Decrees  70  and  71,  enacted  in  March  1996,  reauired  all 
newspapers  to  post  a  $10,000  bond  or  cease  publication.  These  decrees  ana  the  fear 
of  reprisals  and  government  action  have  had  a  chilling  effect.  Although  still  inde- 


129 

Sendent,  the  nongovernment  press  grew  cautious,  with  the  four  major  independent 
allies  practicing  a  significant  degree  of  self-censorship.  However,  strong  criticism 
of  the  Grovemment  is  nonetheless  frequent,  and  opposition  views  appear  in  the  inde- 
pendent press.  English,  French,  and  other  foreign  newspapers  and  magazines  are 
available. 

Radio  broadcasts  from  one  government  and  two  private  stations  normally  reach 
listeners  in  the  eastern  part  oi  the  country.  Government  radio  and  television  cover 
opposition  remarks  made  in  the  National  Assembly,  but  otherwise  serve  as  propa- 
ganda instruments  for  the  Government  and  its  supporters.  Private  radio  stations  si- 
mulcast news  provided  by  Radio  Gambia,  the  government  station,  but  independent 
news  is  also  broadcast.  Senegalese  and  international  radio  broadcasts  attract  wide 
audiences.  Wealthy  private  consumers  also  use  satellite  systems. 

There  is  no  university,  but  a  university  extension  program  completed  its  second 
academic  year  in  August.  There  are  no  reports  of  any  government  restrictions  on 
academic  freedoms. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly;  however,  the  Government  restricts  this  right  in  practice.  Al- 
though AFPRC's  1996  Decree  89  formally  lifted  the  ban  on  political  activities,  the 
authorities  rarely  grant  the  principal  opposition  party  (UDP)  authorization  for  pub- 
lic meetings,  and  even  private  meetings  were  broken  up  by  the  security  services. 

The  Constitution  provides  for  freedom  of  association;  however,  the  Government 
limited  this  right  in  practice.  Decree  89  also  banned  three  major  opposition  political 
parties,  all  former  presidents,  vice  presidents,  and  ministers  from  political  activity; 
the  penalty  providing  life  imprisonment  for  an  individual  or  a  $100,000  fine  for  an 
organization  considerably  restricted  political  activity.  Despite  the  fact  that  the  de- 
cree apparently  conflicts  with  the  new  constitutional  provisions,  the  decree  has  not 
been  challenged  in  court.  The  three  major  parties  have  not  resumed  activity  nor 
have  the  various  political  figures  done  so. 

On  November  21,  police  tightly  restricted  people  and  vehicles  permitted  at  the  air- 
port to  welcome  the  return  of  UDP  leader  Darboe  and  a  state  house  guard  fired 
upon  a  press  vehicle  covering  Darboe's  return.  On  November  22,  riot  police  unsuc- 
cessfully attempted  to  break  up  a  UDP  welcome  home  party  at  Darboe's  residence. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  Adherents  of  all  faiths  are  free  to  wor- 
ship without  government  restriction.  In  June  the  imam  of  the  mosque  at  Statehouse 
aroused  concern  when  he  criticized  the  Ahmadi  Islamic  sect,  and  the  expatriate 
leadership  and  expatriate  staff  of  the  sect  left  the  country,  claiming  fear  of  persecu- 
tion. The  Government  intervened  in  the  dispute  and  subsequently  the  sect  agreed 
to  the  return  of  the  expatriates  to  their  leadership  and  technical  functions  with  mis- 
sionary work  to  be  conducted  by  local  Ahmadi. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  of  movement  but  allows  for  "rea- 
sonable restrictions.'  Although  freedom  of  movement  for  ordinary  citizens  remained 
unimpeded,  the  authorities  prohibited  those  under  investigation  for  corruption  or  se- 
curity charges  from  leaving  the  country.  A  number  of  journalists  and  government 
officials  have  been  required  to  produce  travel  clearances,  but  former  ministers  have 
received  their  passports  and  the  leader  of  the  opposition  UDP  and  other  opposition 
figures  have  traveled  outside  the  country  without  incident. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. The  Government  provides  first  asylum  and  it  provided  for  approximately 
3,000  persons  from  Liberia  and  Sierra  Leone  in  1997,  including  approximately  1,800 
Sierra  Leoneans  who  sought  refuge  this  year.  There  were  no  reports  of  forced  expul- 
sion of  those  having  a  valid  claim  to  refugee  status,  although  some  male  Sierra 
Leoneans  who  fled  by  boat  in  June  were  not  allowed  to  disembark  in  Baniul.  The 
Government  works  with  the  UNHCR  in  approving  cases:  The  UNHCR  identifies 
those  that  qualify  for  asylum  or  refugee  status  and  the  Government  approves.  There 
were  no  reports  of  persons  forced  to  return  to  countries  in  which  they  feared  perse- 
cution. 

The  Gambia  hosts  approximately  8,000  refugees  from  Sierra  Leone,  Senegal,  Libe- 
ria, and  other  countries.  The  Government  continues  to  host  approximately  3,500 
Senegalese  refugees  from  the  Casamance  region,  including  some  1,500  who  arrived 
during  the  year.  The  Government  continued  to  work  with  the  UNHCR,  the  Gambian 
Red  Cross,  and  other  organizations  in  dealing  with  refugees.  In  November  1996,  fol- 
lowing an  attack  on  a  military  barracks  near  the  Senegalese  border,  the  Govern- 
ment reviewed  the  status  of  many  of  the  refugees  from  Liberia  and  Sierra  Leone, 
but  there  were  no  reports  of  forced  expulsion  of  those  having  a  valid  claim  to  refu- 
gee status. 


130 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Despite  a  new  Constitution  and  January  legislative  elections,  in  practice  citizens 
still  do  not  have  an  effective  right  to  change  their  government.  Citizens  attempted 
to  exercise  the  right  to  change  their  government  through  a  democratic  process  in 
presidential  elections  held  in  1996.  However,  the  few  international  observers  that 
were  present  noted  serious  problems  in  the  electoral  process.  Foreign  governments 
condemned  the  election  as  not  free  and  fair  primarily  because  of  restrictions  im- 
posed by  the  Government  on  opposition  campaign  efforts  and  access  to  the  govern- 
ment-owned mediaprior  to  the  election. 

In  January  the  Constitution  of  the  Second  Republic  came  into  effect,  and  citizens 
chose  a  new  National  Assembly  in  elections  whose  results  were  accepted  by  the  op- 
position. Opposition  activity  in  the  National  Assembly  is  becoming  increasingly  sig- 
nificant and  opposition  assembly  members  state  their  views  forcefully.  In  February 
members  of  the  opposition  UDP  briefly  walked  out  of  the  National  Assembly  in  pro- 
test of  an  APRC  candidate  nomination.  However,  political  activity  is  still  restricted 
by  the  Government's  frequent  refusals  to  authorize  opposition  meetings  and  by  the 
continuing  authority  of  Decree  89,  which  although  apparently  unconstitutional  has 
not  been  challenged  in  the  courts.  Decree  89  bans  three  former  political  parties  and 
all  persons  who  held  the  offices  of  President,  Vice  President,  and  minister  since 
1965  from  involvement  in  politics  until  2024. 

During  the  campaign  prior  to  the  January  parliamentary  elections,  President 
Jammeh  was  accompanied  by  a  security  entourage  that  included  a  military  vehicle 
with  an  antiaircraft  gun  ana  another  military  venicle  with  a  machine  gun.  Opposi- 
tion attempts  to  organize  and  engage  in  public  politics  are  still  frustrated  by  police 
refusals  to  grant  permits  and  by  the  detention  of  activists.  For  example,  in  early 
1997,  one  former  UDP  National  Assembly  candidate  and  some  colleagues  were  orga- 
nizing a  meeting.  The  meeting  was  not  disrupted,  but  the  candidate  and  a  colleague 
were  ordered  to  report  to  the  police.  They  were  detained  for  approximately  8  hours, 
although  not  charged. 

The  Constitution  provides  for  the  democratic  election  of  the  President  every  5 
years.  National  Assembly  elections  are  held  3  months  after  the  Presidential  elec- 
tions. 

The  Constitution  prohibits  discrimination  on  the  basis  of  sex,  and  there  are  no 
obstacles  to  the  participation  of  women  in  government.  The  Vice  President  and  3 
of  the  15  ministers  in  the  Cabinet  are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  several  organizations  whose  mandates  provide  for  human  rights  mon- 
itoring. The  AFPRC's  Decree  81  of  1996  requires  nongovernmental  organizations  to 
register  with  a  National  Advisory  Council,  which  has  the  authority  to  deny,  sus- 

¥end,  or  cancel  any  NGO's  right  to  operate  (including  that  of  international  NGO's). 
he  Government,  however,  did  not  take  action  against  any  NGO's  during  the  year. 
There  are  two  major  organizations  whose  primary  mandate  is  the  promotion  of 
human  rights — the  International  Society  for  Human  Rights  (ISHRA)  and  the  Afri- 
can Center  for  Democracy  and  Human  Rights  Studies  (ACDHSR).  Both  ISHRA  and 
ACDHRS  have  conducted  training  in  democratic  rights  and  civic  education. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  new  Constitution  prohibits  discrimination  based  on  race,  sex,  religion,  disabil- 
ity, language,  or  social  status.  The  Government  generally  respects  these  prohibi- 
tions. However,  statements  by  the  imam  of  State  House  in  June  prompted  the  with- 
drawal of  the  expatriate  leadership  and  professional  staff  of  the  Ahmadi  religious 
sect.  The  Government  later  provided  the  sect  with  assurances  against  persecution. 

Women. — Domestic  violence,  including  abuse,  is  occasionally  reported;  its  occur- 
rence is  believed  to  be  fairly  common.  Police  tend  to  consider  these  incidents  to  be 
domestic  issues  normally  outside  their  ordinary  jurisdiction. 

Shari'a  law  is  usually  applied  in  divorce  and  inheritance.  Marriages  are  usually 
arranged,  and  polygyny  is  practiced.  Women  normally  receive  a  lower  proportion  of 
assets  distributed  through  inheritance  than  do  male  relatives. 

Employment  in  the  formal  sector  is  open  to  women  at  the  same  salary  rates  as 
men.  No  statutory  discrimination  exists  in  other  kinds  of  employment,  although 
women  are  generally  employed  in  endeavors  such  as  food  vending  or  subsistence 
farming. 

Traditional  views  of  women's  roles  result  in  extensive  societal  discrimination  in 
education  and  employment.  Families  generally  educate  male  children  before  female 


131 

children.  Females  constitute  about  one-third  of  primary  school  students  and  roughly 
one-fourth  of  high  school  students. 

Active  women  s  rights  groups  exist,  focused  primarily  on  economic  advantages  and 
the  elimination  of  female  genital  mutilation  (FGM). 

Children. — The  Government  is  committed  to  children's  welfare.  The  Department 
of  Education  and  the  Department  of  Health,  Social  Welfare  and  Women's  Affairs  are 
the  two  most  generously  funded  of  all  departments.  However,  lack  of  resources  lim- 
its state  provision  of  both  education  and  health  services. 

The  new  Constitution  mandates  free  compulsory  primary  education,  but  given  the 
current  state  of  the  educational  infrastructure,  this  provision  represents  a  goal  and 
not  an  accomplishment.  There  is  no  effective  compulsory  education.  Opportunities 
for  secondary  education  are  even  more  limited.  The  care  and  welfare  of  children  in 
distress  is  considered  primarily  a  family  responsibility.  Authorities  intervene  when 
cases  of  abuse  or  mistreatment  are  brought  to  their  attention. 

The  practice  of  female  genital  mutilation,  which  is  widely  condenmed  by  inter- 
national health  experts  as  damaging  to  both  physical  and  psychological  health,  is 
widespread  and  entrenched.  Reports  place  the  number  of  women  having  undergone 
FGM  anywhere  from  60  to  90  percent.  Seven  of  the  nine  major  ethnic  groups  prac- 
tice FGM  at  ages  varying  from  shortly  after  birth  until  18  years  old.  The  Govern- 
ment in  recent  years  has  publicly  supported  the  eradication  of  FGM  and  discourages 
FGM  through  health  education.  However,  FGM  carried  out  with  parental  consent 
is  not  considered  a  criminal  act.  The  Government  has  not  passed  legislation  against 
FGM  and,  in  the  absence  of  legislation,  the  judiciary  is  not  prepared  to  address  the 
problem. 

People  With  Disabilities. — ^There  are  no  statutes  or  regulations  requiring  acces- 
sibility for  the  disabled.  No  legal  discrimination  against  the  physically  disabled  ex- 
ists in  employment,  education,  or  other  state  services.  Severely  disabled  individuals 
subsist  primarily  through  private  charity.  Less  severely  disabled  individuals  are 
fully  accepted  in  society  and  encounter  no  discrimination  in  employment  for  which 
they  are  physically  capable. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Labor  Act  of  1990,  which  applies  to  all  workers 
except  civil  servants,  specifies  that  woricers  are  free  to  form  associations,  including 
trade  unions,  and  provides  for  their  registration  with  the  Government.  It  specifically 
prohibits  police  officers  and  military  personnel,  as  well  as  other  civil  service  employ- 
ees, from  forming  unions  or  striking.  About  20  percent  of  the  work  force  is  employed 
in  the  modem  wage  sector,  where  unions  are  most  active.  Roughly  30,000  workers 
are  union  members,  comprising  about  10  percent  of  the  work  force. 

The  Gambian  Workers  Coniederation  and  the  Gambian  Workers'  Union  are  the 
two  main  independent  and  competing  umbrella  organizations.  Both  are  recognized 
by  the  Government. 

The  Labor  Act  authorizes  strikes  but  requires  that  unions  give  the  Commissioner 
of  Labor  14  days'  written  notice  before  beginning  an  industrial  action  (28  days  for 
essential  services).  It  prohibits  retribution  against  strikers  who  comply  with  the  law 
regulating  strikes.  Upon  application  by  an  employer  to  a  court,  the  court  may  pro- 
hibit industrial  action  that  is  ruled  to  be  in  pursuit  of  a  political  objective.  The 
Court  may  also  forbid  action  judged  to  be  in  breach  of  a  collectively  agreed  proce- 
dure for  settlement  of  industrial  disputes.  Because  of  these  provisions  and  the  weak- 
ness of  unions,  few  strikes  occur. 

Unions  may  affiliate  internationally,  and  there  are  no  restrictions  on  union  mem- 
bers' participation  in  international  labor  activities.  The  country  applied  in  June 
1995  to  join  the  International  Labor  Organization.  It  has  been  accepted  in  principle, 
but  must  make  modifications  to  its  labor  and  employment  laws. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Act  of  1990  allows 
workers  to  organize  and  bargain  collectively.  Althou^  trade  unions  are  small  and 
fragmented,  collective  bargaining  takes  place.  Each  recognized  union  has  guidelines 
for  its  activities  specified  by  the  appropriate  industrial  council  established  and  em- 
powered by  the  Labor  Act.  Union  members'  wages  exceed  legal  minimums  and  are 
determined  by  collective  bargaining,  arbitration,  or  agreements  reached  between 
unions  and  management  after  insuring  that  the  agreements  are  in  compliance  with 
labor  law.  No  denial  of  registration  has  been  reported.  The  act  also  sets  minimum 
contract  standards  for  hiring,  training,  terms  of  employment,  and  provides  that  con- 
tracts may  not  prohibit  union  membership.  Employers  may  not  fire  or  discriminate 
against  members  of  registered  unions  engaged  in  legal  union  activities. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  com- 
pulsory labor,  and  it  is  not  known  to  occur. 


132 

Although  the  Government  does  not  formally  prohibit  forced  or  bonded  labor  by 
children,  it  is  not  known  to  occur.  Most  children  performing  customary  chores  or 
who  are  engaged  in  petty  trading  do  so  as  a  part  of  an  extended  family. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employm,ent. — ^The  stat- 
utory minimum  age  for  employment  is  18  years.  There  is  no  effective  compulsory 
education,  and  because  of  limited  secondary  school  openings  most  children  complete 
formal  education  by  age  14  and  then  begin  work.  Employee  labor  cards,  which  in- 
clude a  person's  age,  are  registered  with  the  Labor  Commissioner,  but  enforcement 
inspections  rarely  take  place.  Child  labor  protection  does  not  extend  to  youth  per- 
forming customary  chores  on  family  farms  or  engaged  in  petty  trading. 

Although  the  Government  does  not  formally  prohibit  forced  or  bonded  labor  by 
children,  it  is  not  know  to  occur  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — Minimum  wages  and  working  hours  are  estab- 
lished by  law  through  six  joint  Industrial  Councils — Commerce,  Artisans,  Transport, 
Port  Operations,  Agriculture,  and  Fisheries. 

Labor,  management,  and  the  Government  are  represented  on  these  councils.  The 
lowest  minimum  wage  is  about  $1.16  (12  dalasis)  per  day  for  unskilled  labor.  This 
minimum  wage  is  not  sufficient  to  provide  a  decent  standard  of  living  for  a  worker 
and  family.  Only  20  percent  of  the  labor  force,  those  workers  in  the  formal  economic 
sector,  are  covered  by  the  minimum  wage  law.  The  majority  of  workers  are  privately 
or  self-employed,  often  in  agriculture.  Most  citizens  do  not  live  on  a  single  worker's 
earnings  but  share  resources  within  extended  families. 

The  basic  legal  workweek  is  48  hours  within  a  period  not  to  exceed  6  consecutive 
days.  A  30-minute  lunch  break  is  mandated,  nationwide,  the  workweek  includes  4 
8-nour  woric  days  and  2  4-hour  work  days  (Friday  and  Saturday).  Government  em- 
ployees are  entitled  to  1  month's  paid  annual  leave  after  1  year  of  service.  Private 
sector  employees  receive  between  14  and  30  days  of  paid  annual  leave,  depending 
on  length  of  service. 

The  Labor  Act  specifies  safety  equipment  that  an  employer  must  provide  to  em- 
ployees working  in  designated  occupations.  The  Factory  Act  authorizes  the  Ministry 
of  Labor  to  regulate  factory  health  and  safety,  accident  prevention,  and  dangerous 
trades  and  to  appoint  inspectors  to  ensure  compliance  with  safety  standards.  En- 
forcement is  spotty  owing  to  insufficient  and  inadequately  trained  staff.  Workers 
may  refuse  to  work  in  dangerous  situations  and  may  demand  protective  equipment 
and  clothing  for  hazardous  workplaces. 


GHANA 

Ghana  continues  its  transition  from  a  single-party,  authoritarian  system  to  a  con- 
stitutional democracy.  Flight  Lieutenant  (ret.)  Jerry  John  Rawlings  has  ruled  the 
country  for  16  years.  He  became  the  first  President  of  the  Fourth  Republic  following 
controversial  elections  in  1992.  This  ended  11  years  of  authoritarian  rule  under 
Rawlings  and  his  Provisional  National  Defense  Council  (PNDC),  which  had  seized 
power  from  an  elected  government  in  1981.  The  opposition  fully  contested  the  De- 
cember 1996  presidential  and  parliamentary  elections,  which  were  described  as 
Seaceful,  free,  and  transparent  by  domestic  and  international  observers.  President 
awlings  was  reelected  with  57  percent  of  the  popular  vote.  Rawling's  National 
Democratic  Congress  (NDC)  party  won  133  of  the  Parliament's  200  seats,  just  short 
of  the  two-thirds  majority  required  to  amend  the  Constitution.  The  Constitution 
calls  for  a  system  of  checks  and  balances,  with  an  executive  branch  headed  by  the 
President,  a  unicameral  parliament,  an  independent  judiciary,  and  several  autono- 
mous commissions,  such  as  the  Commission  for  Human  Rights  and  Administrative 
Justice  (CHRAJ).  In  reality  this  system  of  checks  and  balances  is  circumscribed  by 
a  parliament  monopolized  by  the  President's  party,  a  hesitant  judicial  service,  and 
a  system-wide  lack  of  resources  that  hobbles  the  effectiveness  of  all  three  branches. 
The  presence  of  a  significant  number  of  opposition  parliamentarians  since  January 
has  led  to  increased  scrutiny  of  the  Government's  activities.  The  judiciary  is  subject 
to  executive  influence  and  lacks  adequate  resources. 

Several  security  organizations  rejiort  to  various  government  departments.  The  po- 
lice, under  the  jurisdiction  of  an  eight-member  Police  Council,  are  responsible  for 
maintaining  law  and  order.  A  separate  department,  the  Bureau  of  National  Inves- 
tigations (BNI),  handles  cases  considered  critical  to  state  security  and  answers  di- 
rectly to  the  executive  branch.  Although  the  security  apparatus  is  controlled  by  and 
responsive  to  the  Government,  monitoring,  supervision,  and  education  of  the  police 
in  particular  remain  poor.  Credible  allegations  continue  of  police  involvement  in 
human  rights  abuses,  especially  in  areas  remote  from  the  capital. 


133 

The  economy  remains  highly  dependent  on  agriculture,  with  about  45  percent  of 
gross  domestic  product  and  70  percent  of  employment  derived  from  this  sector.  Gold, 
cocoa,  and  timber  are  the  traditional  sources  of  export  earnings,  with  gold  growing 
in  importance.  The  economy  grew  at  an  estimated  rate  of  5.5  percent  in  1997,  up 
from  the  5.2  percent  recorcleain  1996.  Increased  gold  production  and  a  good  cocoa 
harvest  accounted  for  the  slightly  higher  growth  rate.  There  was  improved  growth 
in  service  industries  and  manufacturing,  out  mining  slowed.  The  privatization  of 
state-owned  enterprises  continues,  but  the  pace  of  divestiture  remains  slow.  Infla- 
tion fell  from  45  jjercent  at  the  end  of  1996  to  an  average  of  30  percent  during  the 
year.  The  gross  domestic  product  per  capita  is  approximately  $340. 

The  Government's  human  rights  record  improved  somewhat,  but  problems  remain 
in  several  areas.  Police  used  excessive  force,  which  resulted  in  a  number  of 
extrajudicial  killings,  as  well  as  injuries  during  attempts  at  crowd  control.  There 
were  continued  credible  repwrts  that  members  of  the  police  beat  prisoners  and  other 
citizens;  arbitrarily  arrested  and  detained  persons;  and  infringed  on  citizens'  rights 
to  privacy.  Municipal  security  forces,  which  fall  outside  the  regular  police  service, 
injured  a  number  of  persons  by  using  excessive  force  to  control  street  vendors  and 
public  demonstrations.  Prison  conditions  remained  harsh,  and  prolonged  pretrial  de- 
tention remained  a  problem.  In  a  prison  riot  in  April  in  Kumasi,  prison  officers  in- 
jured five  prisoners.  Inadequate  resources  and  a  system  vulnerable  to  political  influ- 
ence compromised  the  integrity  of  the  overburdened  judicial  system.  The  Govern- 
ment closed  its  case  on  the  deaths  of  four  demonstrators  during  a  1995 
antigovemment  protest  without  any  investigation  and  did  not  press  charges  in  most 
of  the  fatalities  caused  by  police  and  customs  officers.  It  did  not  press  charges  in 
the  shooting  deaths  of  two  demonstrators  in  a  protest  in  Kumasi  against  the  semi- 
autonomous  energy  company. 

The  Government  continued  to  pressure  the  media.  It  resorted  to  a  rarely  used 
criminal  libel  law  to  prosecute  three  independent  journalists,  and  many  observers 
feared  that  these  cases  signaled  a  renewal  of  press  harassment  by  the  (government. 
The  trials  were  postponed  repeatedly,  and  one  of  the  cases  subsequently  was 
dropped.  The  independent  press  continued  its  vigorous  and  outspoken  criticism  of 
various  government  policies.  Seven  independent  radio  stations  operated  in  Accra 
and  new  stations  opened  throughout  the  country.  In  April  the  Government  issued 
a  white  paper  rejecting  some  of  the  adverse  findings  against  three  government  offi- 
cials in  the  1996  report  issued  by  the  CHRAJ.  The  CHKAJ  issued  a  rebuttal  to  the 
white  paper. 

Traditional  practices  still  result  in  considerable  discrimination  against  and  abuse 
of  women  and  children,  with  violence  against  women  a  particular  problem. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings.  However,  on  at  least  six  separate  occasions  in  attempting  to  control  crowds, 
poorly  trained  and  ill-equipped  police  killed  at  least  five  citizens  and  injured  at  least 
seven,  reportedly  as  a  result  oi  stray  bullets  from  warning  shots.  In  at  least  five 
other  incidents,  police  or  customs  officials  shot  and  killed  five  suspects 
extrajudicially.  One  police  officer  was  remanded  for  shooting  a  taxibus  driver's  as- 
sistant to  death  after  the  driver  failed  to  stop  following  a  traffic  violation.  Although 
the  Government  acknowledges  and  often  denounces  the  actions  of  the  police,  the 
Government  has  been  unable  to  curb  police  excesses.  The  Government  took  no  ac- 
tion against  police  officers  responsible  for  accidental  killings  in  December  1995  and 
January  1996. 

In  March  police  fired  warning  shots  into  a  crowd  of  demonstrators  in  Kumasi  who 
were  protesting  against  the  semiautonomous  energy  company  and  killed  two  per- 
sons. The  Minister  of  Interior  stated  that  the  police  were  to  blame  and  rec- 
ommended that  the  Government  compensate  the  families  of  the  victims.  However, 
the  police  officials  responsible  were  not  identified  or  disciplined. 

Stray  bullets  fired  by  police  killed  two  teenagers  during  a  riot  over  months  of  ac- 
cumulated rubbish  in  an  Accra  slum  on  October  30.  After  police  and  military  forces 
quelled  a  riot  by  some  600  residents,  1  demonstrator  died  on  the  scene  and  another 
2  were  critically  injured,  1  of  whom  died  subsequently.  Press  accounts  say  that  two 
teenagers  died,  but  the  police  maintain  only  one  died  and  that  the  two  who  were 
critically  injured  are  still  alive.  Rubbish  pits  in  Nima,  one  of  Accra's  worst  slums, 
were  choked  with  refuse,  including  human  excrement,  after  not  having  been  cleaned 
for  months.  Residents  of  the  predominately  Muslim  area  protested  by  piling  garbage 
in  the  middle  of  a  main  street  and  carting  trash  to  the  doorstep  of  their  assembly- 
man. The  assemblyman  reportedly  called  for  reinforcements,  including  the  police. 


134 

the  Inspector  General  of  Police,  the  mayor,  and  the  Interior  Minister.  The  police 
claimed  they  tried  to  quell  the  riot  with  tear  gas  and  used  live  ammunition  to  fire 
warning  shots  after  running  out  of  rubber  bullets.  Authorities  allegedly  arrested 
people  in  their  homes  and  tried  to  extract  others  from  a  mosque  to  arrest  them.  It 
took  8  hours  to  restore  order.  A  total  of  76  people  were  arrested.  The  Interior  Min- 
ister testified  before  Parliament  that  the  lives  of  the  police  were  threatened  before 
they  resorted  to  the  use  of  arms. 

Police  shot  and  killed  a  43-year-old  auto  mechanic  during  an  antinarcotics  raid 
on  November  9  in  Ho,  the  Volta  regional  capital.  A  joint  police-military  task  force 
had  cordoned  off  the  well-known  criminal  neighborhood  of  Bankoe-Muviefe  and  ap- 
peared to  be  seeking  the  victim,  known  as  Rasta  Napo,  who  had  a  previous  criminal 
history.  The  task  force  of  about  20  men  went  to  the  victim's  house  and,  during  a 
confrontation,  shot  the  victim.  According  to  relatives,  the  shooting  occurred  when 
Napo  was  trying  to  go  back  inside  his  house,  and  a  police  officer  shot  him  in  the 
back.  He  allegedly  was  shot  again  and  stabbed  with  a  police  ba^^onet.  According  to 
police,  Napo  charged  the  police  with  a  bayonet  and  dagger,  refusing  to  retreat  alter 
a  whistle  and  a  warning  shot.  Another  shot  was  fired,  hitting  Napo  in  the  head. 
In  response  to  the  shooting,  about  250  youths  staged  a  3-hour  march  during  the  fol- 
lowing morning  to  protest  what  they  described  as  an  extrajudicial  killing  and  an  act 
of  baroarism.  They  asked  the  district  chief  executive  for  an  independent  investiga- 
tion of  the  incident,  which  was  initiated  but  was  without  result  at  year's  end  (see 
Sections  I.e.  and  l.d.). 

One  civilian  and  one  police  officer  were  killed  during  a  clash  between  police  and 
citizens  on  November  1,  aft^r  35  police  officers  stormed  the  Akwatia  diamond  mar- 
ket to  arrest  illegal  alien  diamond  dealers.  A  mob,  which  eventually  numbered 
5,000,  attacked  the  police.  Human  rights  activists  contend  that  a  police  warning 
shot  intended  to  disperse  the  crowd  killed  one  civilian.  However,  the  Interior  Min- 
ister told  Parliament  that  the  civilian  death  resulted  from  a  mob  member's  reckless 
firing  of  a  gun  seized  from  the  police  in  the  melee.  The  mob  seriously  injured  nine 
police  officers,  including  one  who  later  died.  On  November  16,  police  arrested  2,000 
people  in  apparent  retaliation  for  the  attack.  Authorities  conducted  a  dawn  raid  in 
Akwatia,  and  rousted  males  from  their  beds  beating  them  with  weapons,  batons, 
and  ropes,  and  hauled  them  to  the  police  station.  Eventually,  a  majority  of  those 
arrested  were  released. 

On  November  30,  a  policeman  shot  and  killed  a  taxibus  driver's  assistant  in 
Kaneshie,  a  neighborhood  of  Accra,  when  the  vehicle  failed  to  stop  after  driving 
through  a  one-way  lane.  The  driver  was  later  caught  and  beaten  by  army  and  police 
personnel.  The  policeman  responsible  for  the  killing  was  jailed  pending  "immediate 
and  fiill-scale  investigations,  according  to  the  ponce  commanaer,  who  denounced 
the  action  regardless  of  whether  the  driver  had  violated  a  traffic  law.  At  year's  end, 
the  policeman  was  in  custody  awaiting  the  Attorney  General's  advice  and  deter- 
mination of  charges. 

Customs  officers  were  responsible  for  the  shooting  deaths  of  two  individuals,  a 
man  suspected  of  driving  a  stolen  car  and  a  man  suspected  of  smuggling.  On  Sep- 
tember 30,  one  man  was  shot  after  ignoring  an  order  to  stop  on  reaching  the  barrier 
at  Dabala  near  the  Togolese  border.  He  was  suspected  of  driving  a  stolen  car.  In 
early  November,  another  man  was  killed  after  also  ignoring  an  order  to  stop  at  the 
Dabala  customs  check  point.  The  customs  officer  chased  the  victim  by  car  and  shot 
him  in  a  nearby  village.  At  year's  end,  investigations  were  continuing. 

Police  in  Accra  fired  on  a  car  full  of  youths  in  the  predawn  hours  of  December 
21,  killing  a  20-year-old  man  and  injuring  another.  A  police  spokesman  stated  that 
the  ofiicers  were  responding  to  a  report  of  an  armed  robbery.  When  they  approached 
the  site  of  the  alleged  robber>',  the  students'  vehicle  repwrtedly  refused  to  yield  the 
right  of  way  or  heed  the  police  vehicle's  lights  and  siren  and,  instead,  turned  off 
its  lights  and  accelerated.  Suspicious  of  this  behavior,  the  police  fired  "warning 
shots  aimed  at  the  car's  tires  that  passed  through  the  rear  window  and  killed  one 
of  the  passengers.  The  spokesman  confirmed  that  one  of  the  officers  is  in  custody 
and  that  the  case  is  under  investigation. 

On  December  12,  security  forces  killed  one  person  and  injured  two  others  while 
attempting  to  control  a  mob  in  Wa  in  the  Upper  West  Region.  The  crowd  was  at- 
tempting to  free  14  people  arrested  in  the  wake  of  a  violent  incident  between  Mus- 
lim sects  2  days  earlier  (see  Section  2.c.). 

In  August  the  authorities  filed  murder  charges  against  two  policemen  and  a  police 
laborer  in  the  unexplained  death  of  a  man  in  an  Eastern  Region  police  cell  in  Feb- 
ruary 1996. 

The  Government  again  refused  to  launch  an  independent  inquiry  into  the  deaths 
of  four  demonstrators  during  a  protest  against  government  tax  policy  in  May  1995 
and  finally  closed  its  case  inconclusively.  There  was  no  further  action  on  the  libel 


135 

case  by  the  Youth  and  Sports  Minister  against  an  independent  newspaper  that  re- 
ported on  the  1995  U.S.  Government  report  on  human  rights  practices  in  Ghana 
and  his  possible  involvement  in  the  1995  killings  of  four  demonstrators.  The  Gov- 
ernment has  held  unresolved  lawsuits  over  certain  journalists,  effectively  cir- 
cumscribing their  reporting. 

In  1995  the  police  beat  a  Tetrem  man  in  the  Ashanti  region  who  subsequently 
died.  A  police  service  inquiry  determined  that  one  of  the  two  officers  involved  was 
primarily  responsible  for  the  suspect's  death.  This  officer  was  disciplined  by  the  de- 
partment by  Deing  confined  to  his  barracks  for  2  weeks  and  denied  his  salary  for 
3  months.  At  the  request  of  the  Attorney  General,  the  other  oflicer  was  charged, 
tried,  and  awaits  sentencing. 

Journalists  were  unsuccessful  in  their  continued  efforts  to  persuade  the  Govern- 
ment to  investigate  extrajudicial  killings  in  the  early  years  of  PNDC  rule,  despite 
police  professions  in  1993  of  willingness  to  investigate  such  killings.  Journalists  con- 
tinued to  raise  this  issue;  however,  the  Government  ignored  their  requests. 

The  press  reported  numerous  cases  of  vigilante-style  "instant  justice"  conducted 
by  angry  citizens  and  mobs  in  local  communities  on  suspected  criminals  and  sus- 
pected witches. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  states  that  the  dignity  of  all  persons  shall  be  inviolable  and  that 
no  one  shall  be  subjected  to  torture  or  other  cruel,  inhuman,  or  degrading  treatment 
or  punishment,  or  any  other  condition  that  detracts  from  human  dignity.  Nonethe- 
less, there  were  continued  credible  reports  that  members  of  the  police  and  customs 
officials  beat  prisoners  and  other  citizens.  It  is  generally  believed  that  severe  beat- 
ings of  suspects  in  police  custody  occur  throughout  the  country  but  go  largely  unre- 
ported. Police  used  excessive  force  in  atternpting  to  control  crowds,  at  times  result- 
ing in  citizens'  deaths  (see  Section  l.a.).  In  February  poorly  trained  police  in  Kumasi 
and  mining  security  guards  injured  two  people  during  an  environmental  protest,  re- 
portedly as  a  result  of  stray  bullets  from  warning  shots.  On  October  4,  a  policeman 
shot  a  third-year  secondary  school  student  in  Cape  Coast.  The  student  was  an  unin- 
volved  spectator  injured  when  police  attempted  to  quell  a  fight  between  football 
players  and  spectators.  At  year's  end,  the  case  was  still  under  investigation.  Police 
conducted  a  dawn  raid  in  the  town  of  Akwatia  on  November  16,  in  apparent  revenge 
for  a  bloody  clash  with  illegal  diamond  traders  the  previous  week  during  which  nine 
police  officers  were  injured,  one  of  them  fatally.  Police  rousted  males  from  their 
Deds,  beat  them  with  weapons,  batons,  and  ropes,  and  hauled  them  to  the  police  sta- 
tion. Police  also  threatened  and  beat  women  (see  Sections  l.a.  and  l.d.). 

The  International  Foundation  for  Election  Systems  (IFES)  released  its  1997  post- 
election Public  Opinion  Report,  which  stated  that  43  percent  of  the  population  has 
little  or  no  faith  in  the  police  service.  In  November  1996,  a  police  task  force  burned 
three  villages  in  the  Western  Region  as  it  searched  for  a  suspected  killer.  Hundreds 
of  people  lost  their  homes  and  property.  Public  suspicion  of  the  police  was  such  that, 
in  at  least  nine  incidents,  citizens  in  remote  villages  attacked  police  who  were  re- 
portedly attempting  to  enforce  the  law.  Eight  police  stations  were  ransacked,  forcing 
the  officers  to  flee  and  abandon  their  sites.  Although  the  police  may  have  been  at- 
tempting to  enforce  the  law,  their  unprofessional  approach  triggered  the  public  reac- 
tion. Police  presence  was  reestablished  in  some  areas  by  year's  end. 

In  late  1997,  officers  of  the  Customs,  Excise,  and  Preventive  Service  (CEPS)  bru- 
talized two  doctors  at  checkpoints  in  two  well-publicized  incidents  in  the  Volta  Re- 
gion. Following  the  second  incident,  the  Ghana  Medical  Association  (GMA)  called  for 
a  public  declaration  of  disciplinary  action  taken  against  the  CEPS  officials,  com- 
pensation for  the  victims,  and  disclosure  of  steps  being  taken  to  prevent  a  recur- 
rence. A  GMA  official  characterized  CEPS  personnel  in  the  Volta  Region  as  a  "public 
liability  in  view  of  their  improper  use  of  firearms  in  recent  times." 

Security  forces  outside  the  control  of  the  police  service  made  a  high-profile  debut 
in  1996  and  proved  a  threat  to  civil  liberties.  The  Accra  Metropolitan  Assembly 
(AMA)  dispatcned  a  specially  trained  force,  known  as  the  City  Crime  Combating  and 
Cleaning  Unit,  to  eject  forcefully  unlicensed  street  vendors  from  city  streets.  The 
special  force  inflicted  physical  injuries  on  a  number  of  vendors  and  destroyed  much 
of  their  property.  After  withdrawing  the  force  for  retraining,  the  AMA  disbanded  it. 
In  1997,  however,  the  force  reappeared  as  the  Chameleon  Bombers  dispatched  and 
organized  by  the  AMA's  office.  They  continued  to  inflict  injury  and  destroy  property. 
Two  members  were  arrested  in  August  after  brutalizing  two  street  market  women 
during  an  attempt  to  decongest  Accra's  overcrowded  streets. 

Two  of  the  five  defendants  on  trial  for  an  alleged  1994  plot  to  overthrow  the  Gov- 
ernment reportedly  were  severely  tortured  by  BNI  officials  prior  to  this  year.  Both 
had  scars  as  a  result  of  hot  metal  applied  to  their  backs  while  in  BNI  cells. 


45-909    98-6 


136 

Machomen,  private  security  enforcers  hired  by  citizens  to  settle  private  disputes 
and  vendettas,  caused  injury  and  property  damage.  The  Machomen  are  not  legally 
constituted,  but  organized  privately  and  operate  outside  the  law.  None,  however, 
have  been  arrested  for  any  illegal  action,  and  police,  to  some  extent,  appear  intimi- 
dated by  them. 

Prisons  are  in  most  cases  very  poorly  maintained,  and  conditions  are  extremely 
harsh.  In  1996  the  CHRAJ  published  its  long-anticipated  report  on  prison  condi- 
tions. It  described  prisons  that  are  unsanitary,  overcrowded,  and  poor^  ventilated. 
Prisoners  are  malnourished  (the  daily  food  allowance  per  prisoner  is  about  $0.35) 
and  prisoners  also  suffer  from  lack  of  medicine  unless  paid  for  by  the  inmates  or 
provided  by  their  families.  The  report  concluded  in  part  that  prison  conditions  are 
a  flagrant  violation  of  the  indiviaual's  fundamental  human  rights."  The  CHRAJ's 
findings  and  recommendations  generated  much  positive  press  coverage  and  some 
changes,  but  while  the  Government  concurred  witn  the  1996  findings,  it  stated  that 
lack  of  funding  in  1997  prevented  further  improvements.  Families  still  supplement 
prisoners'  food  and  bribe  prison  guards  for  visitation  rights. 

In  April  prisoners  in  Kumasi  rioted  over  lack  of  food  and  five  prisoners  were  in- 
jured by  police  officers.  Prisoners  cited  inadequate  food  and  refusal  by  authorities 
to  empty  prison  toilets  as  prompting  the  riot. 

While  tne  CHRAJ  has  access  to  monitor  the  prisons,  the  Government  resisted 
granting  access  to  the  press. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  provides  for  protection 
against  arbitrary  arrest,  detention,  or  exile  and  states  that  an  individual  detained 
shall  be  informed  immediately,  in  a  language  the  detained  person  understands,  of 
the  reasons  for  the  detention,  and  of  the  right  to  a  lawyer  and  to  an  interpreter, 
at  state  expense.  It  also  requires  judicial  warrants  for  arrest  and  provides  for  ar- 
raignment within  48  hours.  In  practice,  however,  many  abuses  occur,  including  de- 
tention without  charge  for  longer  than  48  hours  and  failure  to  obtain  a  warrant  for 
arrest.  The  government  press  reported  that  the  Inspector  General  of  Police  and  the 
Northern  Region  police  commander  were  sued  in  1996  by  a  private  businessman  for 
unlawful  arrest  and  detention. 

Authorities  do  not  routinely  notify  prisoners'  families  of  their  incarceration;  such 
information  is  often  obtained  only  by  cnance. 

The  court  has  unlimited  discretion  to  set  bail,  which  can  be  excessive.  It  may 
refuse  to  release  prisoners  on  bail  and  instead  remand  them  without  charge  for  an 
indefinite  period,  subject  to  weekly  review  by  judicial  authorities.  It  is  common  to 
remand  a  prisoner  to  investigative  custody.  The  Constitution  requires,  however,  that 
a  detainee  who  has  not  been  tried  within  a  "reasonable"  time  shall  be  released  ei- 
ther unconditionally  or  subject  to  conditions  necessary  to  ensure  that  he  appears  at 
a  later  date  for  court  proceedings. 

Despite  the  provisions  of  the  law,  abuses  occur.  People  are  sometimes  detained 
for  trivial  offenses  or  on  unsubstantiated  accusations.  Approximately  30  percent  of 
the  prison  population  consists  of  pretrial  detainees.  There  has  been  no  meaningful 
policy  implemented  by  the  Government  to  reduce  the  numbers  of  pretrial  detainees, 
although  the  independent  press  has  called  for  reduction  of  harsh  bail  conditions  for 
suspects  who  do  not  pose  a  threat  to  society.  Many  credible  sources  report  that  pri- 
vate citizens  pay  the  police  to  arrest  business  associates  in  deals  gone  awry.  In  one 
such  case  in  Tema,  the  detainee  was  held  for  2  months  without  treatment  for  a  seri- 
ous medical  problem.  The  CHRAJ  reported  one  case  of  a  16-year  detention.  Re- 
manded suspects  may  languish  in  prison  without  trial  for  up  to  9  years. 

The  1996  CHRAJ  report  on  prison  conditions  recommended  improvement  in  the 
administration  of  criminal  justice,  which  currently  denies  many  citizens  their  con- 
stitutional rights  to  be  charged  within  48  hours,  to  have  bail  posted  within  the  same 
period,  and  to  a  speedy  trial.  The  report  concluded  that  the  "penal  system  is  unwit- 
tingly but  inexorably  punishing  the  innocent."  In  response  the  Attorney  General 
asked  the  CHRAJ  for  a  list  of  those  detained  for  6  years  or  more  in  order  to  inves- 
tigate their  cases  and  the  CHRAJ  provided  such  a  list.  According  to  the  Attorney 
General's  office,  a  committee  is  investigating  how  the  remanded  prisoners  can  either 
be  brought  to  trial  quickly  or  released. 

The  Government  unlawfully  detained  two  policemen  for  27  days  in  June  and  July 
after  a  theft  at  the  residence  of  the  Minister  of  Justice/Attorney  General.  After  the 
media  exposed  the  case,  the  Government  released  the  detainees  and  accepted  re- 
sponsibility for  the  violation.  The  Attorney  General  denied  knowledge  of  the  viola- 
tion and  admitted  a  possible  police  over-reaction  in  keeping  the  policemen  detained 
beyond  the  constitutionally  permitted  48-hour  limit  without  charge.  The  Minister  of 
Interior  submitted  a  statement  to  Parliament  in  which  he  apologized  to  the  police- 
men who  were  detained  and  said  that  the  police  had  acted  outside  the  law.  The  In- 
spector General  of  Police  subsequently  undertook  a  campaign  to  emphasize  the  48- 


137 

hour  rule  to  police  oflicials  throughout  the  country,  and  improved  adherence  to  this 
provision  resulted.  The  BNI  paid  $11,000  in  damages  to  a  detainee  held  72  hours 
in  a  case  of  mistaken  identity.  Others  unlawfully  detained  were  released  as  they 
were  discovered.  One  Tema  man  was  released  alter  a  spot  check  revealed  that  he 
had  been  imprisoned  6  years  without  being  charged. 

In  the  wake  of  an  October  30  riot  in  the  Nima  slum,  authorities  allegedly  arrested 
76  people,  many  in  their  homes,  and  reportedly  tried  to  extract  people  from  a 
mosque  to  arrest  them. 

In  November  police  arrested  2,000  men  in  the  town  of  Akwatia,  after  a  mis- 
handled sting  operation.  Police  killed  one  civilian  and  beat  both  men  and  women 
(see  Sections  l.a.  and  I.e.). 

There  were  no  known  political  arrests.  However,  the  case  of  an  army  captain, 
charged  in  1996  with  plotting  to  overthrow  the  Government,  was  dismissed  for  lack 
of  merit  in  October. 

The  Government  does  not  practice  forced  exile  and  encourages  citizens  with  valu- 
able skills  who  are  living  abroad  to  return,  including  dissidents.  Some  former  gov- 
ernment and  discredited  PNDC  officials  have  returned  and  resumed  careers  and  po- 
litical activities. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  in  practice  the  judiciary  is  subject  to  executive  influence.  The  Constitution 
allows  the  Government  to  nominate  up  to  15  members  of  the  Supreme  Court;  con- 
firmation is  the  responsibility  of  a  Parliament  dominated  by  the  President's  party. 
Furthermore,  the  Cnief  Justice  is  empowered  to  impanel  the  justices  of  his  choice 
to  hear  cases.  These  provisions,  along  with  a  debilitating  lack  of  resources,  have  hin- 
dered the  Court's  role  as  a  balance  to  the  power  of  the  executive  branch.  There  were 
no  oflicial  charges  of  judicial  corruption,  but  a  recent  survey  revealed  that  66  per- 
cent of  citizens  Deli  eve  that  money  influences  the  judicial  system.  Furthermore,  the 
integrity  of  the  legal  system  is  compromised  by  a  severe  lack  of  financial,  human, 
and  material  resources.  Police,  however,  arrested  two  persons  who  offered  bribes  to 
the  police  officer  handling  the  prosecution  of  cases  from  the  Akwatia  riot. 

The  Constitution  establishes  two  basic  levels  of  courts:  superior  and  lower.  The 
superior  courts  include  the  Supreme  Court,  the  Appeals  Court,  the  High  Court,  and 
regional  tribunals.  Parliament  may  establish  lower  courts  or  tribunals  by  decree. 
Legal  safeguards  are  based  on  British  legal  procedures.  Defendants  are  presumed 
innocent,  trials  are  public,  and  defendants  have  a  right  to  be  present,  to  be  rep- 
resented by  an  attorney  (at  public  expense  if  necessary),  and  to  cross-examine  wit- 
nesses. In  practice  the  authorities  generally  respect  these  safeguards. 

The  CKRAJ's  charter  provides  for  it  to  investigate  alleged  violations  of  human 
rights  and  take  action  to  remedy  proven  violations.  It  contmues  to  hold  workshops 
to  educate  the  public,  traditional  leaders,  the  police,  and  the  military  on  human 
rights  issues.  It  mediates  and  settles  cases  brought  to  it  by  individuals  with  griev- 
ances against  government  agencies  or  private  companies.  In  1996  the  CHRAJ  re- 
ceived 12,409  petitions  in  its  offices  around  the  country  and  completed  action  on 
over  8,775.  Forty  percent  of  the  cases  were  resolved  through  mediation.  This  effort 
compares  with  1995  when  the  CHRAJ  received  6,173  petitions  in  its  offices  around 
the  country  and  completed  action  on  over  3,700  from  1995  and  previous  years.  The 
majority  of  the  complaints  lodged  with  the  commission  were  from  those  who  felt 
they  suffered  injustice  as  a  result  of  abuse  of  power,  unfairness,  and  high  handed- 
ness. CHRAJ  figures  for  the  number  of  petitions  received  and  acted  upon  during 
1997  had  not  been  compiled  by  year's  end.  In  October  1996,  the  Commission  con- 
cluded its  lengthy  corruption  probe  of  high  government  officials.  The  Commission's 
report,  which  detailed  adverse  findings  against  three  public  oflicials  and  exonerated 
a  fourth,  evoked  an  aggressive  government  rebuttal  and  a  questioning  of  the  scope 
of  the  CHRAJ's  mandate  that  finally  led  the  CHRAJ  to  request  in  1996  a  Supreme 
Court  interpretation  of  its  rights  and  responsibilities.  The  case  has  been  argued  be- 
fore the  court;  however,  at  year's  end  there  was  no  verdict  (see  Section  4). 

The  Chieftaincy  Act  of  1971  gives  village  and  other  traditional  chiefs  pwwers  to 
mediate  local  matters,  including  authority  to  enforce  customary  tribal  laws  dealing 
with  such  matters  as  divorce,  child  custody,  and  property  disputes.  However,  a  num- 
ber of  laws  passed  during  the  PNDC  era  (1981-92),  as  well  as  the  1992  Constitu- 
tion, have  steadily  eroded  the  authority  of  traditional  rulers  and  vested  it  in  civil 
institutions,  such  as  courts  and  district  assemblies. 

Attorneys  for  five  defendants  on  trial  for  an  alleged  1994  plot  to  overthrow  the 
Government  (see  Section  I.e.)  criticized  prison  officials  for  impeding  their  access  to 
their  clients.  At  year's  end,  the  attorneys  had  access  to  their  clients. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  that  a  person  shall  be  free  from  interference  within  the  pri- 


138 

vacy  of  his  home,  property,  correspondence,  or  communication.  This  article  has  yet 
to  be  tested  in  court.  Although  the  law  requires  judicial  search  warrants,  police  do 
not  always  obtain  them  in  practice.  Observers  assume  that  the  Government  contin- 
ues to  engage  in  surveillance  of  citizens  engaged  in  activities  that  it  deems  objec- 
tionable. In  the  past,  this  included  monitoring  of  telephones  and  mail.  Several  politi- 
cal activists  reported  being  followed. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  opposition  political  parties  and  others  have  used  these  free- 
doms to  criticize  the  Gfovemment.  The  Government  has  allowed  more  control  of 
print  and  electronic  media  to  be  transferred  to  the  private  sector.  The  Government 
pressures  certain  newspapers  indirectly  by  allowing  pending  lawsuits  to  continue 
unresolved. 

There  are  15  newspapers  including  2  government-owned  dailies,  2  government- 
owned  weeklies,  and  11  independent  newspapers  published  weekly,  biweekly,  or  tri- 
weekly. One  of  the  government-owned  dailies  has  national  circulation.  However, 
most  newspapers  circulate  regionally,  and  many  of  the  smaller  independent  news- 
papers are  available  only  in  the  capital.  Accra  has  eight  radio  stations  (one  of  which 
is  government-owned).  While  seven  stations  are  independent,  they  cannot  be  charac- 
terized as  outspoken  critics  of  the  Government.  The  number  of  independent  radio 
stations  outside  of  Accra  also  expanded.  The  government-owned  television  station  is 
the  only  station  that  broadcasts  nationwide.  Two  other  television  stations  began 
broadcasting  during  the  year;  one  is  independent,  the  other  is  partially  owned  by 
the  Government.  Both  stations'  broadcasts  could  be  received  only  in  Accra.  Crovern- 
ment-owned  media  did  not  seem  to  receive  government  subsidies.  Neither,  however, 
was  there  any  real  movement  toward  their  divestiture. 

The  government-owned  media  occasionally  reported  charges  of  corruption  or  mis- 
management in  government  ministries  and  government-owned  enterprises,  but  they 
never  directly  criticized  the  Government's  policies  or  President  Rawlings'  activities. 
The  Government  occasionally  disciplines  or  dismisses  journalists  working  in  govern- 
ment-subsidized media  for  articles  deemed  unacceptable.  The  Government  ended 
subsidies  to  the  state-owned  publishing  companies,  and  the  newspapers  are  pub- 
lished by  profit-making  printing  companies  but  have  not  been  offered  for  public  sale. 

The  independent  press  was  often  harshly  critical  of  the  Government's  policies  and 
its  coverage  of  President  Rawlings,  his  wife,  and  his  regime  often  bordered  on  the 
profane.  Although  the  Government  did  not  overtly  suppress  the  independent  media, 
authorities  remained  suspicious  and  wary  of  them.  The  Government  and  govern- 
ment officials  used  civil  suits,  and  occasionally  criminal  libel  suits,  to  threaten  inde- 
pendent editors  and  journalists.  In  the  most  glaring  case,  the  Government  continued 
to  prosecute  two  independent  journalists  under  a  rarely  used  sedition  law  for  alleg- 
edly libeling  President  Rawlings  and  his  wife  and,  through  them,  the  State.  The 
trials,  repeatedly  postponed,  were  seen  by  many  observers  to  signal  a  renewal  of 
press  harassment.  There  was  a  particularly  overt  sign  of  the  regime's  suspicious  and 
distrustful  attitude  toward  press  freedom  in  May  when  the  Government  asked  an 
accredited  diplomat,  who  had  criticized  the  country's  criminal  libel  laws,  to  leave  the 
country. 

The  Government  readily  granted  accreditation  to  foreign  journalists.  Foreign  peri- 
odicals were  sold  in  Accra  and  other  major  cities  and  circulated  freely  even  when 
they  contained  articles  critical  of  the  Government.  Most  citizens  obtain  their  news 
from  the  government-owned  electronic  media  and  the  British  Broadcasting  Corpora- 
tion radio  service. 

There  were  no  new  developments  in  the  case  of  the  Minister  of  Youth  and  Sports 
who  charged  an  independent  newspaper  with  libel  for  its  reporting  on  his  possible 
involvement  in  the  May  1995  deaths  of  four  demonstrators  (see  Section  l.a.). 

There  was  no  restriction  of  academic  freedom  on  university  campuses.  The  Na- 
tional Union  of  Ghanaian  Students,  one  of  the  more  vocal  critics  of  the  (government, 
is  allowed  to  organize  and  hold  meetings.  In  August  the  threat  of  a  large  protest 
helped  avert  an  increase  in  electricity  charges  (see  Section  2.b.). 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly,  and  the  Government  generally  respects  this  right  in 
practice.  The  Government  does  not  require  permits  for  demonstrations.  Parliament 
passed  a  public  order  law  in  late  1994  requiring  that  all  organizers  of  "special 
events"  or  "processions"  inform  the  police  of  their  intentions  so  that  the  police  can 
institute  precautionary  measures.  The  law  also  provides  for  curfews  and  arrest 
without  warrants  in  specified  instances.  The  authorities  did  not  abuse  the  provi- 
sions of  the  law  during  the  year. 


139 

In  August  the  threat  of  a  large  demonstration  organized  in  part  by  the  National 
Union  of  Ghanaian  Students  and  the  Trades  Union  Congress  helped  pressure  the 
Government  to  suspend  an  increase  in  electricity  rates. 

In  November  1996,  five  workers  demonstrating  in  favor  of  union  demands  for  im- 
proved working  conditions  were  injured  by  bullets  fired  by  the  police.  They  were 
treated  at  a  police  hospital  and  the  company  assumed  subsequent  medical  costs.  No 
action  was  taken  against  the  police. 

The  Constitution  provides  for  freedom  of  association,  and  the  Government  gen- 
erally respects  this  right  in  practice.  NGO's  are  required  to  register  with  the  Reg- 
istrar General's  office,  but  this  registration  is  routine.  However,  there  is  a  possible 
threat  of  government  interference  in  a  bill  that  has  been  languishing  in  a  par- 
liamentary committee  for  nearly  3  years  that  would  establish  a  government  body 
with  the  authority  to  deny,  suspend,  or  cancel  an  NGO's  right  to  operate. 

Political  parties  must  be  accredited  by  the  Electoral  Commission.  The  parties 
must  show  evidence  of  a  "national  character,"  such  as  official  representation  in  all 
10  of  the  country's  regions.  The  Electoral  Commission  evaluates  whether  the  party 
has  shown  evidence  of  a  viable  national  support  base  before  granting  accreditation. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

There  is  no  state-favored  religion  and  no  apparent  advantages  or  disadvantages 
attached  to  membership  in  any  particular  sect  or  religion.  Foreign  missionary 
groups  have  generally  operated  throughout  the  country  with  a  minimum  of  formal 
restrictions. 

In  December  there  were  two  violent  confrontations  between  Islamic  sects  in  the 
northern  part  of  the  country  involving  theological  rather  than  political  issues,  which 
resulted  in  two  deaths  and  significant  property  destruction. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights  as  an  aspect  of  the  provision 
for  personal  liberty,  and  the  Government  generally  respects  these  provisions  in  prac- 
tice. 

Citizens  and  foreigners  are  free  to  move  throughout  the  country  without  special 

f)ermission.  Police  checkpoints  exist  countrywide  to  prevent  smuggling,  but  most  are 
eft  unmanned  during  daylight  hours.  There  were  numerous  reports  that  police  used 
checkpoints  to  solicit  bribes.  Citizen  complaints  about  police  harassment  caused  the 
Government  to  reduce  the  number  of  checkpoints  from  125  to  the  38  most  essential 
posts.  Government  roadblocks  and  car  searcnes  are  a  normal  part  of  nighttime  trav- 
el in  larger  cities.  Taxi  drivers  in  Tamale  struck  in  protest  against  persistent  har- 
assment by  the  police. 

Citizens  are  generally  free  to  travel  internationally  and  to  emigrate  or  to  be  repa- 
triated from  other  countries. 

Ethnic  tension  and  violence  in  the  Northern  Region  resulted  in  the  deaths  of  an 
estimated  several  thousand  citizens  in  the  Northern  Region  in  1994—95  in  the  most 
recent  outbreak  of  land-related  ethnic  conflict,  which  has  existed  since  the  early 
part  of  the  century.  During  the  year,  the  ethnic  groups  maintained  an  uneasy  calm. 
The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees (UNHCR)  and  otner  humanitarian  organizations  in  assisting  refugees.  Ghana 
has  a  liberal  policy  of  accepting  refugees  from  other  West  African  nations.  The  Gov- 
ernment provides  first  asylum.  It  provided  first  asylum  in  recent  years  to  Togolese 
refiigees,  most  of  whom  have  returned  to  Togo  as  part  of  the  UNHCR's  organized 
voluntary  repatriation  program.  It  continued  to  provide  first  asylum  to  some  5,907 
Togolese,  approximately  14,600  Liberians,  490  Sierra  Leoneans  (including  302  who 
were  grantea  refugee  status  in  December),  and  27  Nigerians.  There  were  no  reports 
of  persons  not  being  allowed  to  request  asylum.  There  were  no  reports  of  forced  re- 
turn of  persons  to  a  country  where  they  feared  persecution.  There  were  no  forced 
expulsions  of  refiagees  with  a  valid  claim  to  refugee  status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government,  and 
citizens  exercised  this  rijght  through  a  democratic  process  in  presidential  elections 
held  in  December  1996.  The  country  continued  its  transition  from  a  one-party  state 
to  a  more  established  constitutional  system.  The  political  system  includes  recognized 
opposition  parties  which  express  their  views  freely  within  Parliament. 

President  Rawlings  was  reelected  in  1996  for  a  final  4-year  term  with  57  percent 
of  the  popular  vote.  The  NDC  retained  control  of  the  200-member  Parliament  with 
133  seats,  while  opposition  parties  took  67  seats,  including  1  in  June  that  was  de- 
layed by  a  court  injunction.  The  NDC  fell  one  seat  short  of  commanding  the  two- 
thirds  majority  required  to  amend  the  Constitution.  To  a  large  degree,  opposition 


140 

members  are  frustrated  by  impediments  the  executive  branch  imposes  by  refusing 
to  support  opposition  amendments  to  proposed  legislation.  Parliament  is  still  work- 
ing to  develop  effective  oversight  of  the  workings  of  the  executive  branch. 

There  are  no  obstacles  to  the  participation  of  women  in  government;  however, 
they  compose  a  small  minority  in  government  and  politics.  In  1997  there  were  18 
female  parliamentarians.  Several  ministers  and  Council  of  State  members  also  were 
women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

NGO's  interested  in  human  rights  continued  togrow  in  number  and  strength,  and 
there  were  17  NGO's  in  the  field  at  year's  end.  These  NGO's  operated  without  gov- 
ernment interference  and  without  control  by  the  Government  (see  Section  2.b.). 
Prominent  NGO's  include  the  Red  Cross,  Amnesty  International,  the  International 
Federation  of  Woman  Lawyers  (FIDA),  Women  in  Law  and  Development  in  Africa, 
and  Ghanalert. 

The  Government  cooperates  with  international  humanitarian  organizations,  in- 
cluding the  International  Committee  of  the  Red  Cross. 

Although  not  an  NGO,  the  CHRAJ,  at  the  invitation  of  President  Rawlings,  began 
investigations  in  November  1995  into  a  series  of  allegations  of  corruption  and  other 
acts  of  impropriety  made  in  the  press  against  public  officials.  The  CHRAJ  completed 
its  report  in  October  1996  and  detailed  adverse  findings  against  three  public  offi- 
cials; it  exonerated  a  fourth.  The  Government  issued  a  white  paper  in  April,  reject- 
ing some  of  the  adverse  findings  in  the  CHRAJ  report  and  recommending  that  inter- 
pretations of  certain  laws  be  forwarded  to  the  Attorney  General's  office.  The  CHRAJ 
issued  a  rebuttal  to  the  white  paper.  In  addition  the  CHRAJ  submitted  an  interim 
report  in  November  on  corruption  allegations  against  a  senior  government  official 
of  the  Cocoa  Board.  The  Commission  found  the  allegations  to  be  false.  The  CHRAJ 
issued  a  report  on  its  investigations  at  the  "witches"  camps  in  the  Northern  Region. 
The  report  detailed  the  living  conditions  of  the  women  in  the  camps  and  proposed 
how  to  reintegrate  the  women  into  society.  The  plan  involves  an  educational  cam- 
paign in  conjunction  with  the  Center  for  National  Culture  and  the  House  of  Chiefs. 
The  Commission  has  also  provided  periodic  updates  to  various  sections  of  its  report 
on  prison  conditions. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  the  basis  of  race,  sex,  religion,  dis- 
ability, language,  or  social  status.  The  courts  are  specifically  empowered  to  enforce 
these  prohibitions,  although  enforcement  by  the  autnorities  is  generally  inadequate, 
in  part  due  to  limited  financial  resources. 

Women. — Violence  against  women,  including  rape  and  wife  beating,  remains  a  sig- 
nificant problem.  These  abuses  usually  go  unreported  and  seldom  come  before  the 
courts.  Tiie  police  tend  not  to  intervene  in  domestic  disputes.  However,  the  media 
increasingly  report  cases  of  assault  and  rape.  The  FIDA  wrote  a  handbook  and  pre- 
sented a  workshop  on  domestic  violence  and  aided  poor  women  for  free.  However, 
FIDA  believes  that  women's  shelters  must  be  built  in  order  for  legal  intervention 
to  be  effective. 

Women  continue  to  experience  societal  discrimination.  Women  in  urban  centers 
and  those  with  skills  and  training  encounter  little  overt  bias,  but  resistance  to 
women  in  nontraditional  roles  persists.  Few  women  enter  college.  Women,  especially 
in  rural  areas,  remain  subject  to  burdensome  labor  conditions  and  traditional  male 
dominance.  Traditional  practices  and  social  norms  often  deny  women  their  inherit- 
ances and  property,  a  legally  registered  marriage  (and  with  it,  certain  legal  rights), 
and  the  maintenance  and  custody  of  children,  all  provided  for  by  statute. 

Rural  women  can  be  punished,  with  banishment  by  traditional  village  authorities 
for  teenage  pregnancy  or  suspected  witchcraft.  The  press  reported  that  hundreds  of 
women  accused  of  witchcraft  were  sent  topenal  villages  in  the  Northern  Region  by 
traditional  authorities  such  as  a  shaman.  Two  villages  contained  400  elderly  women, 
and  1  village  contained  2,000  women  and  family  members,  all  sentenced  by  a  village 
male  or  chief  who  claimed  to  have  the  power  to  divine  witches.  Although  the  women 
face  no  formal  legal  sanction  if  they  leave,  most  fear  that  they  would  be  beaten  to 
death  if  caught.  The  CHRAJ  is  mounting  a  campaign  to  end  this  traditional  prac- 
tice, which  violates  the  victims'  constitutional  rights. 

Women's  rights  groups  are  active  in  educational  campaigns  and  in  programs  to 
provide  vocational  training,  legal  aid,  and  other  support  to  women.  The  Government 
18  also  active  in  educational  programs,  and  the  President  and  First  Lady  are  among 
the  most  outspxjken  advocates  of  women's  rights.  Although  there  has  been  no  con- 


141 

Crete  policy  change  on  the  national  level,  the  1995  United  Nations  Conference  on 
Women  and  the  resulting  platform  for  action  continued  to  generate  widespread  posi- 
tive discussion  about  the  status  of  women  in  the  country. 

Children. — Within  the  limits  of  its  resources,  the  Government  is  committed  to  pro- 
tecting the  rights  and  welfare  of  children.  There  is  little  or  no  discrimination 
against  females  in  education,  but  girls  and  women  frequently  drop  out  of  school  due 
to  societal  or  economic  pressures.  Although  the  percentages  increased  in  several 
areas  from  1996,  participation  is  still  low.  Statistics  show  that  from  grades  1  to  6, 
46  percent  of  pupils  are  girls;  from  grades  7  to  9,  this  number  drops  to  43  percent. 
In  the  grades  equivalent  to  high  school  (grades  10  to  12),  the  number  of  girls  drops 
to  36  percent  oi  students,  and  drops  even  further  to  23  percent  at  the  university 
level. 

There  are  several  traditional  discriminatory  practices  that  are  injurious  to  female 
health  and  development.  In  particular,  female  genital  mutilation  (FGM),  which  is 
widely  condemned  by  international  health  experts  as  damaging  to  both  physical  and 
psychological  health,  is  a  serious  problem.  According  to  one  study,  the  percentage 
of  women  who  have  undergone  this  procedure  may  be  as  high  as  30  percent,  al- 
though most  observers  believe  15  percent  to  be  more  accurate.  FGM  is  practiced 
mostly  in  Muslim  communities  in  the  far  northeastern  and  northwestern  parts  of 
the  country.  As  of  1994,  FGM  became  a  criminal  act.  Officials  at  all  levels  have  spo- 
ken out  against  the  practice  of  FGM,  and  local  NGO's  are  making  some  inroads 
through  their  educational  campaigns  to  encourage  abandonment  of  FGM  and  to  re- 
train practitioners.  There  were,  however,  no  arrests  during  the  year.  The  two  indi- 
viduals arrested  in  1996  for  practicing  FGM  were  convicted,  but  at  year's  end,  had 
not  been  sentenced. 

Although  the  Constitution  prohibits  slavery,  it  exists  on  a  limited  scale.  Trokosi, 
a  traditional  practice  found  among  the  Ewe  ethnic  group  and  primarily  in  the  Volta 
region,  is  an  especially  severe  abuse  and  a  flagrant  violation  of  children's  and  wom- 
en s  rights.  It  is  a  system  in  which  a  young  girl,  usually  under  the  age  of  10,  is  made 
a  slave  to  a  fetish  shrine  for  ofTenses  allegedly  committed  by  a  member  of  the  girl's 
family.  The  belief  is  that  if  someone  in  that  family  has  committed  a  crime,  such  as 
stealing,  members  of  the  family  may  begin  to  die  in  large  numbers  unless  a  young 
girl  is  given  to  the  local  fetish  shrine  to  atone  for  the  onense.  The  girl  becomes  the 
property  of  the  fetish  priest,  must  work  on  the  priest's  farm,  and  perform  other  la- 
bors for  him.  Because  they  are  the  sexual  property  of  the  priests,  most  Trokosi 
slaves  have  children  by  him.  Although  the  girls'  families  must  provide  for  their 
needs,  such  as  food,  most  are  unable  to  do  so.  There  are  at  least  4,000  girls  and 
women  bound  to  various  shrines  in  the  Trokosi  system,  a  figure  that  does  not  in- 
clude the  slaves'  children.  Even  if  released,  generally  without  skills  or  hope  of  mar- 
riage, a  Trokosi  woman  has  continued  obligations  to  the  shrine  for  the  duration  of 
her  life.  When  the  fetish  slave  dies,  the  family  is  expected  to  replace  her  with  an- 
other young  girl  for  the  fetish  shrine. 

Although  tne  Constitution  outlaws  slavery.  Parliament  has  yet  to  pass  a  law  ex- 
plicitly prohibiting  Trokosi.  The  practice  persists  because  of  deeply  entrenched  tradi- 
tional beliefs,  and  it  is  therefore  unlikely  that  any  legislative  prohibition  alone 
would  eliminate  the  practice.  Over  the  past  few  years,  the  CHRAJ  has  conducted 
an  awareness  campaign  with  traditional  leaders  and  practitioners  in  an  effort  to 
bring  the  practice  to  an  end.  The  CHRAJ's  efforts  have  been  taken  in  conjunction 
with  an  NGO  called  International  Needs,  which  has  had  some  success  in  approach- 
ing village  authorities  and  fetish  priests  at  10  of  the  76  shrines,  winning  the  release 
of  474  Trokosi  slaves  to  date,  and  retraining  them  for  new  professions.  The  organi- 
zation is  working  for  additional  releases.  Including  work  by  other  organizations,  the 
total  number  of  slaves  released  was  672  at  year's  end. 

Another  traditional  practice  that  violates  the  rights  of  children  is  forced  childhood 
marriages.  The  prostitution  of  female  children  exists,  despite  its  illegality.  Forced 
labor  also  occurs  at  the  camps  for  women  accused  of  witchcraft. 

People  With  Disabilities. — The  Constitution  specifically  provides  for  the  rights  of 

feople  with  disabilities,  including  protection  against  exploitation  and  discrimination, 
n  practice  the  disabled  are  not  discriminated  against  in  any  systematic  or  overt 
manner.  The  Constitution  also  states  that  "as  far  as  practicable,  every  place  to 
which  the  public  has  access  shall  have  appropriate  facilities  for  disabled  persons." 
In  practice,  however,  this  provision  has  yet  to  be  implemented. 

Religious  Minorities. — In  December  there  were  two  violent  confrontations  between 
Islamic  sects  in  the  northern  part  of  the  country,  involving  theological  rather  than 
political  issues,  which  resulted  in  two  deaths  and  significant  property  destruction. 

National/ Racial / Ethnic  Minorities. — Although  the  Government  plays  down  the 
importance  of  ethnic  differences,  its  opponents  occasionally  complain  that  it  is  domi- 
nated by  the  Ewe  ethnic  group  from  the  eastern  part  of  the  country.  The  President 


142 

and  many  of  his  close  advisers  are  Ewe,  but  many  ministers  are  of  other  ethnic  ori- 
gins. In  the  1997  IFES  Report  on  Public  Opinion,  25  percent  of  the  respondents  said 
that  they  felt  discrimination  because  of  their  tribal  background. 

The  Gfovemment  created  a  p>ermanent  negotiating  team  in  1995  comprised  of  reli- 
gious leaders,  NGO's,  Council  of  State  members,  and  other  interested  parties  to  help 
resolve  the  continuing  tensions  between  the  Konkomba  and  other  ethnic  groups  in 
the  north.  Ethnic  tension  and  violence  in  the  Northern  Region  resulted  in  the 
deaths  of  an  estimated  several  thousand  citizens  in  the  Northern  Region  in  1994- 
95.  The  Permanent  Peace  Negotiating  Team  (PPNT)  is  a  facilitative  body  whose  pri- 
mary purpose  is  to  mediate  disputes,  most  of  which  relate  to  chieftancy  and  land 
issues  dating  from  colonial  times.  In  1996  a  series  of  highly  publicised  "peace- 
making" ceremonies  were  held  at  which  tribal  leaders  pledged  to  solve  their  dif- 
ferences through  negotiations.  In  response  to  reports  of  latent  insecurity,  the  PPNT 
extended  its  activities  to  some  northern  parts  of  the  Volta  Region  in  October  and 
in  December  supervised  a  peace  accord  among  all  parties  to  the  conflict  residing 
there.  The  primary  issue  is  land.  There  were  numerous  violent  confrontations  be- 
tween and  within  ethnic  groups  related  to  chieftaincy  issues,  particularly  those  of 
succession.  Beyond  regular  pleas  by  government  officials  for  peace,  there  has  been 
little  effective  intervention. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — This  right  is  restricted,  as  the  Trades  Union  Ordi- 
nance confers  broad  powers  on  the  Government  to  refuse  to  register  a  trade  union. 
However,  the  Government  has  not  interfered  with  the  right  of  workers  to  associate 
in  labor  unions  and  has  not  refused  to  register  any  unions. 

About  9  jjercent  of  workers  belong  to  unions,  a  figure  that  is  likely  to  increase 
following  the  formation  of  a  new  federation  called  the  Ghana  Federation  of  Labor, 
which  will  serve  as  an  umbrella  organization  for  several  other  labor  unions  not  en- 
compassed by  the  Trades  Union  Congress  (TUC),  previously  the  only  federation.  The 
Industrial  Relations  Act  (IRA),  initially  written  in  1958,  and  amended  in  1965  and 
1972,  governs  trade  unions  and  their  activities.  In  recent  years,  the  TUC  has  been 
led  by  experienced  union  leaders  who,  aided  by  a  revised  union  constitution  and  by- 
laws, continued  to  define  an  autonomous  role  for  the  TUC  within  the  NDC  regime. 
Since  the  1992  elections,  the  TUC  has  taken  a  somewhat  more  confrontational 
stance  toward  the  Government  and  has  criticized  some  of  its  economic  policies.  Civil 
servants  have  their  own  union,  the  Civil  Servants  Association,  which  operates  out- 
side of  the  TUC  umbrella. 

The  law  recognizes  the  right  to  strike.  Under  the  IRA,  the  Government  estab- 
lished a  system  of  settling  disputes,  first  through  conciliation,  then  through  arbitra- 
tion. A  union  may  call  a  legal  strike  if  negotiations  and  mediation  fail.  However, 
because  no  union  has  ever  gone  through  the  complete  process,  there  have  been  no 
legal  strikes  since  independence.  The  IRA  prohibits  retribution  against  strikers,  and 
this  law  is  enforced.  There  has  been  no  progress  in  implementing  the  Government's 
declared  intention  to  establish  labor  tribunals  to  arbitrate  industrial  disputes  cer- 
tified as  deadlocked,  which  has  been  pending  for  many  years. 

Unions  have  the  right  to  affiliate  with  international  bodies.  The  TUC  is  affiliated 
with  the  Organization  of  African  Trade  Union  Unity  headquartered  in  Accra  and  is 
also  a  member  of  the  International  Confederation  of  Free  Trade  Unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  IRA  provides  a  frame- 
work for  collective  bargaining  and  some  protection  against  antiunion  discrimination. 
Trade  unions  engage  in  collective  bargaining  for  wages  and  benefits  for  both  private 
and  state-owned  enterprises  without  government  interference.  The  Government, 
labor,  and  employers  negotiate  together,  however,  through  a  tripartite  commission 
to  set  minimum  standards  for  wages  and  working  conditions.  The  law  requires  em- 
ployers found  guilty  of  antiunion  discrimination  to  reinstate  workers  fired  for  union 
activities.  No  union  leaders  have  been  detained  in  recent  years  for  union  or  other 
activities. 

There  is  legislation  that  authorizes  export  processing  zones  (EPZ's),  and  a  sec- 
retariat exists.  The  Secretariat  provides  data  on  designated  EPZ's,  educates  the 
public  and  potential  investors  on  export  provisions  and  concepts,  and  facilitates  es- 
tablishment of  businesses  within  designated  EPZ's.  There  are  a  few  EPZ's  in  oper- 
ation. Existing  labor  law  applies  in  any  EPZ,  including  the  right  to  organize. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  slavery. 
The  law  also  prohibits  forced  or  bonded  labor,  including  that  performed  by  children; 
however,  at  least  4,000  women  and  girls  are  bound  to  shrines  through  the  Trokosi 
system  (see  Section  5).  Apart  from  the  Trokosi  system,  forced  or  bonded  labor  by 
children  is  not  practiced.  The  International  Labor  Organization  (ILO)  continues  to 
urge  the  Government  to  revise  various  legal  provisions  that  permit  imprisonment 


143 

with  an  obligation  to  perform  labor  for  offenses  that  are  not  countenanced  under 
ILO  Convention  105. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Labor  leg- 
islation sets  a  minimum  employment  age  of  15  and  prohibits  night  work  and  certain 
tjrpes  of  hazardous  labor  for  those  under  18  years  of  age.  In  practice  child  employ- 
ment is  widespread,  and  young  children  of  school  age  often  perform  menial  tasKs 
during  the  day  in  the  market  or  collect  fares  on  local  buses.  An  ILO  survey  con- 
ducted in  three  rural  districts  between  1992  and  1993  concluded  that  11  percent  of 
school  age  children  were  employed  for  wages  and  another  15  percent  without  remu- 
neration. Observance  of  minimum  age  laws  is  eroded  by  local  custom  and  economic 
circumstances  that  encourage  children  to  work  to  help  their  families. 

The  law  prohibits  forced  or  bonded  labor,  including  that  performed  by  children; 
however,  at  least  4,000  women  and  girls  are  bound  to  shrines  through  the  Trokosi 
system  (see  Section  6.c.). 

Officials  only  occasionally  punish  violators  of  regulations  that  prohibit  heavy  labor 
and  night  work  for  children.  Inspectors  from  the  Ministry  of  Laoor  and  Social  Wel- 
fare are  responsible  for  enforcement  of  child  labor  regulations.  They  visit  each  work- 
place annually  and  make  spot  checks  whenever  they  receive  allegations  of  viola- 
tions. 

e.  Acceptable  Conditions  of  Work. — In  1991  minimum  standards  for  wages  and 
working  conditions  were  set  by  a  tripartite  commission  composed  of  representatives 
of  the  Government,  labor,  and  employers.  The  daily  minimum  wage,  revised  in  1996, 
combines  wages  with  customary  oenefits,  such  as  a  transportation  allowance.  The 
daily  minimum  wage  of  2,000  cedis  is  less  than  $1.00.  This  sum  is  insufficient  for 
a  single  wage  earner  to  support  a  family.  Furthermore,  there  is  widespread  violation 
of  the  minimum  wage  law.  In  most  cases,  households  have  multiple  wage  earners, 
and  family  members  engage  in  some  family  farming  or  other  family-based  commer- 
cial activities. 

The  law  sets  the  maximum  workweek  at  45  hours,  with  one  break  of  at  least  36 
consecutive  hours  every  7  days.  Through  collective  bargaining,  however,  the  basic 
workweek  for  most  unionized  workers  is  40  hours. 

In  1996  Spintex  workers  filed  petitions  with  the  CHRAJ,  the  Ministry  of  Employ- 
ment and  Social  Welfare,  and  the  Ministry  of  Labor  concerning  working  hours.  They 
have  withdrawn  the  case  from  administrative  review  and,  instead,  taken  the  case 
to  court.  Hearings  were  in  process  at  year's  end. 

Occupational  safety  and  health  regulations  are  in  effect,  and  the  Labor  Depart- 
ment of  the  Ministry  of  Health  and  Social  Welfare  occasionally  imposes  sanctions 
on  violators.  Safety  inspectors  are  few,  however,  and  poorly  trained.  They  take  ac- 
tion if  matters  are  called  to  their  attention,  but  lack  the  resources  to  seek  out  viola- 
tions. Workers  have  the  right  to  withdraw  themselves  from  dangerous  work  situa- 
tions without  jeopardy  to  continued  employment,  although  they  rarely  exercise  this 
right. 


GUINEA 

President  Lansana  Conte  took  office  as  head  of  state  of  the  Republic  of  Guinea 
in  1994,  after  multiparty  elections  in  which  the  Government  dominated  the  electoral 
process.  Guinea  held  its  first  multiparty  legislative  elections  in  1995,  delivering 
more  than  60percent  of  Parliament's  seats  to  President  Conte's  Party  of  Unity  and 
Progress  (PUP).  The  PUP  is  one  seat  short  of  the  majority  required,  to  make  con- 
stitutional amendments.  Opposition  leaders,  some  international  observers,  and  seg- 
ments of  the  citizenry  voiced  suspicion  of  PUPs  considerable  victories  in  both  par- 
liamentary and  municipal  elections.  Although  the  PUP  continues  to  dominate  all 
three  branches  of  government,  opposition  parties  have  on  occasion  persuaded  PUP 
members  of  Parliament,  including  the  National  Assembly  leadership,  to  vote  with 
the  opposition  on  specific  legislative  matters.  The  judiciary  is  subject  to  executive 
influence,  particularly  in  politically  sensitive  cases. 

The  gendarmerie  and  the  national  police  share  responsibility  for  internal  security 
and  sometimes  play  an  oppressive  role  in  the  daily  lives  of  citizens.  The  Red  Be- 
rets— autonomous  presidential  guards — are  accountable  to  almost  no  one  except  the 
President.  Members  of  all  the  security  forces,  which  many  citizens  view  as  corrupt, 
ineffective,  and  even  dangerous,  freauently  commit  human  rights  abuses. 

About  85  percent  of  the  country  s  7  million  people  engage  in  subsistence  agri- 
culture. Annual  per  capita  gross  domestic  product  is  about  $750.  More  than  90  per- 
cent of  export  earnings  come  from  mining,  particularly  bauxite,  gold,  and  diamonds. 
Additional  exports  include  coffee  and  fruit.  In  July  1996,  President  Conte  appointed 


144 

a  new  government,  including  the  country's  first  FVime  Minister,  which  emphasized 
economic  reform. 

The  Government  continued  to  circumscribe  human  rights.  The  Grovemment's  tight 
control  over  the  electoral  process  and  the  lack  of  an  independent  electoral  oversight 
mechanism,  and  a  prohibition  on  nongovernmental  broadcast  media,  call  into  seri- 
ous doubt  the  ability  of  citizens  to  change  the  government.  Major  human  rights 
abuses  include:  disappearances;  police  abuse  of  prisoners  and  detainees;  use  of  tor- 
ture by  military  personnel;  inhuman  prison  conditions  and  frequent  deaths  due  to 
these  conditions  and  lack  of  medical  care;  instances  of  arbitrary  arrest  and  deten- 
tion; governmental  failure  to  ensure  access  by  attorneys  to  clients  in  prison;  the  ex- 
ecutive branch's  influence  over  the  judicial  system  and  the  electoral  process;  occa- 
sional instances  of  vigilante  justice  by  unidentified  uniformed  personnel;  infringe- 
ment on  citizens'  privacy;  restrictions  on  freedom  of  speech  and  the  press;  restric- 
tions on  freedom  of  assembly;  societal  discrimination  and  violence  against  women; 
and  prostitution  and  genital  mutilation  of  young  girls. 

The  Government  dominated  the  electoral  process.  However,  the  PUP  head  of  the 
National  Assembly  and  the  leaders  of  the  opposition  called  for  the  creation  of  an 
independent  electoral  commission.  The  independent  press  criticized  the  Govern- 
ment, but  met  with  a  broad  range  of  restrictions,  including  the  arrest  of  journalists. 
The  Government  owns  and  operates  the  electronic  media,  the  major  medium  for 
reaching  the  vast  majority  of  the  public. 

The  Ministry  of  Justice,  the  National  Assembly  and  local  nongovernmental  orga- 
nizations (NGO'S)  attempted  to  educate  the  citizenry  about  the  judicial  process  and 
individual  rights.  The  Ministry  of  National  Defense  also  sponsored  a  series  of  semi- 
nars to  teach  the  armed  forces  and  gendarmes  about  human  rights.  The  Inter- 
national Committee  of  the  Red  Cross,  trained  Ministry  of  Security  oflicials  and  cus- 
toms officers  on  humanitarian  law. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  targeted 
political  killings. 

Relief  organizations  reported  scattered  rebel  incursions  into  refugee  camps  to 
steal  livestock  and  other  goods.  In  contrast  to  previous  years,  no  one  was  reported 
killed  in  the  attacks.  In  June  unknown  members  of  the  security  forces  shot  and 
killed  a  Sierra  Leonean  refugee  and  wounded  his  brother  while  the  boys  were  fish- 
ing near  the  Kolomba  refugee  camp.  The  Government  reportedly  investigated  the 
incident,  but  has  not  released  results  from  the  investigation. 

Security  forces  committed  extrajudicial  killings  during  the  February  1996  mutiny. 
Between  30  and  50  persons,  mostly  civilian  victims  of  stray  gunfire,  were  killed  by 
military  forces  and  mutineers  during  the  2-day  uprising.  The  Government  made  nu- 
merous arrests  of  mutinous  soldiers  following  tne  mutiny.  Local  NGO's  reported 
that  in  March  and  April,  the  Government  released  approximately  60  of  the  soldiers 
detained  in  the  1996  mutiny.  Several  arrests  also  were  made  following  the  mutiny- 
related  killing  of  Colonel  ^ny  Bangoura,  commander  of  the  Alpha  Yaya  military 
camp  in  Condcry,  by  uniformed  soldiers  in  March  1996.  The  suspects  were  charged 
with  voluntary  assassination,  threatening  state  security,  destruction  of  state  prop- 
erty, and  dereliction  of  duty.  The  suspects  remained  incarcerated,  awaiting  trial 
with  the  alleged  ringleaders  of  the  February  1996  mutiny.  In  June  the  Government 
activated  a  State  Security  Court  to  try  the  remaining  30  to  40  alleged  mutiny  ring- 
leaders still  in  prison  awaiting  trial  (see  Section  I.e.).  At  year's  end  there  had  been 
no  trial. 

Deaths  in  custody  due  to  inhuman  prison  conditions  and  inadequate  medical 
treatment  are  frequent  (see  Section  I.e.). 

No  investigation  has  been  conducted  into  the  deaths  in  1996  of  two  detainees, 
Dian  Oury  Kante  and  Mahamed  Diallo,  who  were  awaiting  trial  for  murder  and  rob- 
bery in  Telimele. 

Tliere  has  been  no  investigation  into  the  January  1995  deaths  of  16  civilian  pris- 
oners while  in  custody.  There  has  been  no  further  action  in  the  case  of  the  police- 
man arrested  for  killing  a  youth  at  a  rally  in  Conakry  in  1995  or  in  the  case  of  two 
police  charged  with  killing  a  civilian  in  1996  in  Kissidougou.  The  Guinean  Organiza- 
tion for  the  Defense  of  Human  and  Citizen  Rights  (OGDH)  disputes  the  official  tally, 
claiming  that  24  people  actually  died  while  in  police  custody.  A  former  inmate  at 
the  prison  reported  that  the  dead  were  buried  in  a  clandestine  cemetery  in  the  pris- 
on courtyard. 

Government  authorities  also  blocked  separate  efforts  bv  human  rights  groups  and 
nongovernmental  organizations  to  investigate  political  killings  that  took  place  in  the 


145 

1970*8  under  then-president  Sekou  Toure  and  to  protect  victims'  burial  plots  from 
urban  encroachment.  Two  NGO's  representing  the  victims  of  those  who  died  in 
Camp  Boiro,  the  Conakry  prison  where  hundreds  of  political  prisoners  and  members 
of  the  intelligentsia  were  detained  or  killed,  held  a  memorial  service  on  April  3  to 
call  attention  to  their  cause.  A  memorial  to  the  victims  is  being  erected  at  the  site. 
Vigilante  action  by  victims  or  others  sometimes  resulted  in  the  beating  to  death 
of  suspected  criminals  (see  Section  I.e.). 

b.  Disappearance. — Opposition  leaders,  local  NGO's,  and  the  independent  press  re- 
ported cases  of  temporary  disappearances  that  ended  with  the  eventual  release  of 
the  prisoners  who  had  been  hela  oy  security  forces. 

In  the  months  after  the  February  1996  mutiny,  hundreds  of  soldiers  and  civilians 
disappeared  during  neighborhood  sweeps  conducted  by  armed  members  of  the  secu- 
rity forces,  who  were  often  masked  to  hide  their  identities.  Some  of  these  individuals 
were  subsequently  released;  others  continue  to  be  held  awaiting  trial.  The  Guinean 
Organization  for  the  Defense  of  Human  and  Citizen  Rights  (OGDH)  reports  that 
people  were  taken  from  their  homes  in  the  middle  of  the  night  and  incarcerated. 
After  interrogations  dozens  of  soldiers  were  transferred  to  judicial  authorities  for 
legal  proceedings  related  to  the  mutiny,  but  in  August  1996  prosecutors  released  63 
detainees  for  lack  of  evidence.  Baba  Sarr,  a  relative  of  the  mutiny  ringleader  Major 
Gbago  Zoumanigui,  remained  missing  since  his  detention  following  the  February 
mutinv. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Penal  Code  and  the  Constitution  prohibit  torture  and  cruel,  inhuman,  or  de- 
grading treatment.  However,  both  civilian  and  military  security  forces  often  use 
beatings  to  extract  confessions  and  employ  other  forms  of  brutality,  including  hold- 
ing prisoners  incommunicado  without  charges  and  under  inhuman  conditions.  Local 
human  rights  organizations  and  former  detainees  said  some  prisoners  are  bound 
and  hung  by  their  feet  before  being  beaten.  There  were  no  reported  judicial  proceed- 
ings against  officers  suspected  of  committing  abuses. 

Unidentified  uniformed  personnel  acting  as  vigilantes  used  torture,  beatings,  un- 
sanitary conditions,  and  restrictions  of  food  in  secret  prisons  to  obtain  confessions 
from  those  suspected  of  involvement  in  the  mutiny  and  any  cases  considered  as  "na- 
tional security"  (see  Section  l.d.). 

There  were  reports  of  sexual  assaults  by  soldiers  on  refugees,  and  some  soldiers 
demanded  sex  in  exchange  for  entry  into  the  country  (see  Section  2.d.  and  Section 
5). 

Prison  conditions  are  inhuman  and  life  threatening.  Family  members  and  friends 
are  responsible  for  feeding  prisoners.  Guards  oft«n  demanded  bribes  in  exchange  for 
letting  food  through  to  those  incarcerated.  Standards  of  sanitation  remained  poor, 
and  there  were  several  dozen  deaths  due  to  malnutrition  and  disease.  A  former  in- 
mate held  in  the  central  prison  in  Conakry  reported  being  housed  with  between  60 
to  80  prisoners  in  1  cell,  with  1  toilet  and  no  beds.  Prisoners  reported  threats,  beat- 
ings, and  harassment  by  guards.  There  are  credible  reports  from  prisoners  that  fe- 
male inmates  are  subject  to  harassment  and  sexual  assault  by  guards. 

The  OGDH  determined  that  prisoners  in  at  least  one  major  prison,  located  in 
N'Zerekore,  suffered  more  from  neglect  and  lack  of  resources  than  from  mistreat- 
ment. According  to  the  OGDH,  the  N'Zerekore  prison  is  a  converted  grain  ware- 
house built  in  1932  for  70  prisoners,  but  currently  houses  120.  There  is  no  elec- 
tricity or  running  water. 

The  independent  press,  a  local  human  rights  organization,  and  a  former  prisoner 
reported  that  inmates  are  routinely  beaten  and  subjected  to  other  forms  of  abuse 
at  the  prison  in  Koundara  in  northern  Guinea. 

A  member  of  a  political  opposition  party,  a  soldier,  a  local  human  rights  organiza- 
tion, and  former  prisoners  reported  that  the  Government  houses  political  prisoners 
considered  a  threat  to  state  security  at  Kassa  prison,  allegedly  located  in  a  former 
French  colonial  structure  on  an  island  ofT  the  coast  of  Conakry.  The  (jovernment 
denies  the  existence  of  the  Kassa  prison  and  states  that  prisoners  identified  as  polit- 
ical detainees  have  been  incarcerated  for  criminal  acts  and  are  located  in  other  pris- 
ons. 

Although  the  Minister  of  Justice  denounced  inhuman  prison  conditions  during 
televised  visits  to  prison  facilities  in  1996,  no  concrete  action  was  taken  to  improve 
conditions.  The  Government,  however,  does  permit  visits  by  local  humanitarian  and 
religious  organizations,  which  offer  medical  care  and  food  for  those  in  severe  need. 
A  former  prisoner  reported  that  without  this  assistance,  those  who  do  not  have  fam- 
ilies or  friends  would  starve  to  death. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^Arbitrary  arrest  remains  a  persistent 
threat  despite  procedural  provisions  in  the  Penal  Code  designed  to  safeguard  detain- 


146 

ees.  In  practice  administrative  controls  over  the  police  are  ineffective,  and  security 
forces  rarely  follow  the  Penal  Code. 

The  Penal  Code  requires  that  the  Government  issue  a  warrant  before  an  arrest 
can  be  made  and  charge  detainees  before  a  magistrate  within  72  hours.  However, 
many  detainees  are  incarcerated  for  longer  periods  of  time  before  being  charged. 
After  being  charged,  the  accused  may  be  held  until  the  final  outcome  oi  the  case, 
including  a  period  of  appeal.  Release  on  bail  is  at  the  discretion  of  the  magistrate 
who  has  jurisdiction.  The  Constitution  proscribes  incommunicado  detention.  The  law 
provides  for  access  by  attorneys  to  their  clients,  but  authorities  frequently  do  not 
respect  this  provision. 

The  Government  detained  about  30  to  40  alleged  mutiny  ringleaders  following  the 
February  1996  uprising,  which  involved  some  2,000  soldiers  who  had  protested  low 
salaries  and  benefits.  The  mutiny  evolved  into  an  attempted  coup  d'etat  that  nearly 
toppled  the  Government,  during  which  an  estimated  30  to  50  people  in  Conakry, 
mostly  civilians,  were  killed. 

Bar  Association  attorneys,  the  independent  press,  and  government  sources  de- 
scribe a  parallel  system  of  justice  run  by  unidentified  uniformed  personnel  who  con- 
duct midnight  arrests,  detain  suspects,  and  use  torture  in  secret  prisons  to  obtain 
confessions  before  transferring  detainees  to  prosecutors.  Unidentified  security  forces 
had  rounded  up  hundreds  of  soldiers  and  civilians  suspected  of  involvement  in  the 
mutiny.  The  (jovernment  subsequently  charged  a  total  of  43  soldiers  with  murder, 
looting,  armed  robbery,  and  abandonment  of  post  in  connection  with  the  mutiny  and 
detained  the  rest  without  charges.  A  government  prosecutor  released  63  detained 
soldiers  for  lack  of  evidence  in  August  1996  and  security  forces  allegedly  released 
60  more  detainees  in  March  and  April.  Judicial  authorities  denied  any  responsibility 
for  the  arrests,  yet  took  custody  of  dozens  of  detainees  transferred  by  security  forces. 

The  Government  continues  to  detain  two  members  of  the  Rally  of  the  Guinean 
People  following  trial  for  killing  a  policeman  during  a  demonstration  in  1995  that 
became  violent. 

The  Government  does  not  practice  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  the  judiciary's  inde- 
pendence; however,  judicial  authorities  routinely  defer  to  executive  authorities  and 
the  executive  branch  in  politically  sensitive  cases.  Magistrates  are  civil  servants 
with  no  assurance  of  tenure.  Due  to  corruption  and  nepotism  in  the  judiciary,  rel- 
atives of  influential  members  of  the  Grovernment  are  above  the  law.  In  1996  the 
Cabinet  stated  that  it  would  pursue  those  who  violate  the  law  but  avoid  punishment 
due  to  judicial  corruption,  including  autonomous  Red  Berets;  however,  no  action  was 
taken.  Judges  often  do  not  act  indep)endently  and  their  verdicts  are  subject  to  out- 
side interference.  Influential  persons  often  intervene  on  behalf  of  their  relatives  to 
prevent  a  negative  judgment  from  being  carried  out. 

The  Judiciary  includes  courts  of  first  instance,  two  Courts  of  Appeal,  and  the  Su- 
preme Court,  the  court  of  final  appeal.  Since  1988  civilian  courts  have  rendered  all 
judgments  involving  civilians  under  the  Penal  Code.  A  military  tribunal  prepares 
and  adjudicates  charges  against  accused  military  personnel,  to  whom  the  Penal 
Code  does  not  apply.  The  armed  services,  however,  made  no  use  of  a  military  tribu- 
nal following  the  February  1996  mutiny  and  transferred  dozens  of  detained  soldiers 
to  the  judiciary  (see  Section  l.d.).  The  Government  announced  in  September  1996 
the  creation  of  a  Discipline  Council  for  dealing  with  civil  servants  who  abuse  their 
positions  as  government  employees,  but  at  year's  end,  the  Council  had  not  pros- 
ecuted any  cases. 

In  June  Minister  of  Justice  Maurice  Zogbelemou  Togba  activated  a  Special  State 
Security  Court  to  try  the  30  to  40  alleged  mutiny  ringleaders  who  remained  in  cus- 
tody following  the  attempted  uprising  in  February  1996.  Togba  has  defended  the 
Special  Courts  legality,  citing  statutes  predating  the  1992  Constitution.  Members 
of  political  opposition  parties  and  the  independent  press  maintain  that  the  Court 
is  unconstitutional,  arguing  that  the  Fundamental  Law  of  1992  superseded  related 
statutes.  They  also  maintain  that  because  the  State  presents  evidence  as  well  as 
makes  final  judgment,  the  Court  infringes  on  the  prisoners'  due  process  rights  be- 
cause the  judiciary  is  beholden  to  the  executive  and  lacks  real  independence. 

The  judicial  system  is  plagued  by  numerous  problems,  including  a  shortage  of 
qualified  lawyers  and  magistrates  and  an  outdated  and  restrictive  penal  code.  The 
Penal  Code  provides  for  the  presumption  of  innocence  of  accused  persons,  the  inde- 
pendence of  judges,  the  equality  of  citizens  before  the  law,  the  right  of  the  accused 
to  counsel,  and  the  right  to  appeal  a  judicial  decision.  Although  in  principle  the  Gov- 
ernment is  responsible  for  funding  legal  defense  costs  in  serious  criminal  cases,  in 
practice  it  rarely  disburses  these  funds.  The  attorney  for  the  defense  frequently  re- 
ceives no  payment.  The  Government  provided  counsel  for  dozens  of  soldiers  charged 


147 

in  connection  with  the  February  1996  mutiny  and  the  quasi-independent  Bar  Asso- 
ciation started  a  permanent  legal  defense  fund. 

Defense  lawyers  for  the  soloiers  incarcerated  in  connection  with  the  1996  mutiny 
complained  that  they  had  difficulty  obtaining  permission  to  meet  with  their  clients, 
particularly  after  President  Conte  activated  the  Security  Court  in  June.  They  also 
reported  that  prison  guards  eavesdropped  on  their  conversations,  denied  family  vis- 
its to  the  detainees,  and  that  the  Government  reduced  their  clients'  salaries  by  as 
much  as  60  percent  to  pay  for  prison  meals. 

Many  citizens  are  wary  of  judicial  corruption  and  prefer  instead  to  rely  on  tradi- 
tional rules  of  justice  at  the  village  or  urban  neighborhood  level.  Litigants  present 
their  civil  cases  before  a  village  chief,  a  neighborhood  leader,  or  a  council  of  wise 
men.  The  dividing  line  between  the  formal  and  informal  justice  systems  is  vague, 
and  authorities  may  refer  a  case  from  the  formal  to  the  traditional  system  to  ensure 
compliance  by  all  parties.  Similarly,  if  a  case  cannot  be  resolved  to  the  satisfaction 
of  all  parties  in  the  traditional  system,  it  may  be  referred  to  the  formal  system  for 
adjudication.  The  traditional  system  discriminates  against  women  in  that  evidence 
given  by  women  carries  less  weight  (see  Section  5). 

Many  victims  of  crime  fear  that  they  may  never  achieve  justice  because  of  judicial 
corruption  and  may  resort  to  exacting  their  own  form  of  retribution  through  vigi- 
lante violence.  Some  suspected  criminals,  notably  thieves  and  rapists,  are  beaten  to 
death  or  burned  after  being  soaked  with  a  flammable  liquid  by  their  victims  or  by 
others,  even  though  there  may  be  insuflicient  evidence  that  a  crime  has  actually 
taken  place.  OGDH  reported  a  Conakry  driver,  falsely  accused  of  theft,  was  beaten 
to  deatn  in  1996  by  an  angry  mob  after  his  car  broke  down.  Police  authorities  rarely 
intervene  to  rescue  victims  of  vigilante  justice. 

The  Government  holds  less  than  a  dozen  political  prisoners.  Such  prisoners  are 
individuals  incarcerated  for  allegedly  politically  motivated  acts,  such  as  protests, 
meetings  and  campaigns;  but  arrested  and  convicted  under  criminal  laws  such  as 
those  applying  to  creating  disorder,  inciting  violence,  and  corruption.  Some  of  these 
individuals  consequently  received  disproportionately  harsh  punishment  due  to  their 
political  afTiliation. 

The  Government  denies  holding  any  political  prisoners.  Members  of  political  oppo- 
sition parties  and  a  local  human  rights  organization  dispute  this  claim,  saying  that 
dozens  of  political  prisoners  are  being  detained  or  have  disappeared. 

In  June  four  leaders  of  the  main  opposition  party,  the  Rally  of  the  Guinean  People 
(RPG),  received  2-year  prison  sentences.  The  four  opponents  were  arrested  for  al- 
leged criminal  acts  in  November  1996  and  charged  with  voluntarily  causing  injury 
to  others  following  a  rally  to  welcome  their  leader,  Alpha  Conde,  back  to  Guinea. 
During  an  impromptu  parade  en  route  to  Conde's  residence,  RPG  supporters  clashed 
with  students,  several  of  whom  were  injured.  The  students  responaed  by  attacking 
the  nearby  RPG  headquarters  and  were  joined  by  local  residents  who  together 
looted  and  burned  what  remained  of  the  offices. 

In  September  1996,  a  circuit  court  settled  the  cases  of  35  RPG  detainees  held  in 
N'zerekore  in  a  military  camp  without  charges  since  August  1995.  The  authorities 
originally  imprisoned  the  RPG  activists  after  violence  broke  out  during  a  general 
strme.  C5ne  policeman  was  killed  in  the  clashes.  In  September  1996,  the  court  re- 
leased 33  of  the  activists,  sentenced  one  person  to  5  years  in  jail  and  another  person 
to  3  years  in  jail  with  a  fine  of  $1,000. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  the  home,  and  judicial  search  warrants 
are  required  oy  law.  However,  police  frequently  ignore  these  procedures.  Police  and 
paramilitary  police  often  ignore  legal  procedures  in  the  pursuit  of  criminals.  Private 
citizens  are  frequently  detained  at  nighttime  roadblocks  set  up  by  police  and  the 
military  for  purposes  of  security  and  extortion  (see  Section  2.d.). 

It  is  widely  believed  that  security  ofTicials  monitor  mail  and  telephone  calls. 

Local  businesses,  especially  expatriate  companies,  often  complain  of  intimidation 
and  harassment  by  public  ofncials  and  authorities. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  expres- 
sion, subject  to  certain  limitations;  however,  despite  government  statements  in  sup- 
port of  free  speech  and  a  free  press,  the  Government  employs  a  broad  range  of  re- 
strictions that  vitiate  any  real  protection.  The  Government  prohibits  what  it  consid- 
ers seditious  talk  or  chants  in  public,  has  established  defamation  and  slander  as 
criminal  offenses,  and  prohibits  communications  that  personally  insult  the  Presi- 
dent, or  incite  violence,  discrimination,  or  hatred,  or  that  disturb  the  public  peace. 

The  Government  publishes  the  official  newspaper,  Horoya,  and  operates  the  offi- 
cial television  and  radio  (ORTG)  stations.  Reporters  for  the  official  press,  who  are 


148 

government  employees,  practice  self-censorship  in  order  to  protect  their  jobs.  Several 
younger  broadcast  journalists  reported  critically  about  the  Government  and  posed 
critical  questions  at  official  press  conferences. 

There  is  a  vocal  independent  press  that  is  critical  of  the  President  and  the  Gov- 
ernment. For  example,  the  weekly  satirical  newspaper  Le  Lynx  publishes  front  page 
cartoons  lampooning  the  Head  of  State  and  senior  government  officials.  The  govern- 
ment-controlled daily  (Horoya)  and  five  weekly  newspapers  (Le  Lynx,  La  Lance, 
L'Oeil,  L'Independant,  and  L'lndependant  Plus)  publisn  regularly  in  Conakry,  and 
up  to  10  other  publications  publish  sporadically,  although  hampered  by  technical 
and  financial  diificulties.  One  newspaper,  L'Espoir,  is  affiliated  with  the  governing 
political  party  (PUP),  and  several  other  newspapers  are  affiliated  with  opposition 
parties.  (Jther  papers  offer  news  and  criticism  of  both  the  Government  and  the  oppo- 
sition. 

The  Government  maintains  control  of  the  electronic  media,  and  national  radio 
serves  as  the  most  important  means  of  reaching  the  public.  The  Government  author- 
ized in  1996  the  temporary  FM  transmission  of  Africa  Number  One,  a  private  Gabo- 
nese  radio  station  and  promised  a  permanent  license,  but  the  license  was  not  issued 
and  the  station  is  no  longer  broadcasting.  Many  citizens  listen  regularly  to  foreign- 
origin  short-wave  radio,  and  some  have  access  to  foreign  television  satellite  broad- 
casts. 

The  Government  occasionally  detains  journalists.  Police  arrested  editor-in-chief, 
Louis  Celestin,  and  publisher,  Ousmane  Camara,  of  the  independent  weekly  news- 
paper L'Oeil  on  August  1  after  the  Minister  of  Justice  filed  a  complaint  accusing 
the  two  men  of  libel  and  publishing  false  information.  The  newspaper  had  printed 
an  article  criticizing  Justice  Minister  Togba  and  his  attempts  to  stifle  the  country's 
independent  press.  The  journalists  were  released  on  August  11  with  no  formal 
charges  filed.  They  were  detained  again  on  August  25,  after  the  paper  printed  a  fol- 
low-up story  again  criticizing  the  Justice  Minister,  but  subsequently  released. 

Ismael  Bangoura,  publishing  manager  of  L'Oeil,  was  sentenced  in  January  to  a 
month  in  jail,  and  was  fined  after  conviction  a  token  sum  of  1  Guinean  franc  for 
"publishing  false  information  and  for  illegal  publication."  The  Justice  and  Security 
Ministers  leveled  the  charges  against  Bangoura  after  the  paper  published  an  article 
criticizing  a  government  meeting. 

On  April  25,  President  Conte  fired  Minister  of  Information  and  Culture  Michel 
Kamano.  Kamano,  a  senior  ranking  cabinet  minister,  was  a  vocal  proponent  of  es- 
tablishing independent  radio. 

Political  tracts  occasionally  circulate  in  Conakry  and  other  urban  areas.  Some 
tracts  support  the  Government,  while  others  specifically  criticize  senior  officials. 
Foreign  publications,  some  of  which  criticize  the  Government,  are  often  available. 

The  Ministry  of  National  Education  and  Scientific  Research  exercises  limited  con- 
trol over  academic  freedom  through  its  influence  on  faculty  hiring  and  control  over 
the  curriculum.  In  general,  teachers  are  not  subject  to  classroom  censorship. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  restricts  freedom  of 
assembly,  and  the  Government  exercises  its  power  to  thwart  unwanted  political  ac- 
tivity. The  Penal  Code  bans  any  meeting  that  has  an  ethnic  or  racial  character  or 
any  gathering  "whose  nature  threatens  national  unity."  The  (jovernment  requires 
notification  72  hours  prior  to  public  gatherings,  otherwise  the  events  are  considered 
illegal. 

Ilie  Government  bans  all  street  marches  except  for  funerals.  Pursuant  to  this 
statute,  local  authorities  may  cancel  a  demonstration  or  meeting  if  they  believe  that 
it  poses  a  threat  to  public  order.  They  may  hold  event  organizers  criminally  liable 
if  violence  or  destruction  of  property  ensues. 

Union  organizers  of  a  nationwide  teacher  strike  in  April  reported  being  harassed 
by  youths  they  believed  had  been  recruited  by  local  government  officials  (see  Section 
6.b.). 

Freedom  of  association  is  protected  by  law,  but  there  are  cumbersome  require- 
ments to  obtain  government  recognition.  Political  parties  must  provide  information 
on  their  founding  members  and  produce  internal  statutes  and  political  platforms 
consistent  with  the  Constitution  before  the  Government  recognizes  them.  There  are 
approximately  46  legally  recognized  political  parties;  deputies  of  9  different  parties 
are  represented  in  the  National  Assembly. 

There  were  credible  reports  of  harassment  and  oppression  of  the  Rally  of  the 
Guinean  People  (RPG)  party  (See  Section  I.e.). 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion  and 
permits  religious  communities  to  govern  themselves  without  state  interference.  The 
Government  generally  respects  these  rights  in  practice.  The  quasi-governmental  Na- 
tional Islamic  League  represents  Guinea's  Muslims,  who  make  up  85  percent  of  the 
population.  The  League  states  that  it  supports  peaceful  coexistence  with  other  reli- 


149 

gious  denominations,  and  actively  attempts  to  facilitate  dialogue  to  eliminate  ethnic 
and  religious  tensions.  Although  the  Government  and  the  National  Islamic  League 
have  spoken  out  against  the  proliferation  of  Shi'ite  fundamentalist  sects,  which  tney 
alleged  were  "generating  confusion  and  deviation"  within  Guinean  Islam,  they  have 
not  restricted  these  groups.  Foreign  missionaries  and  church-affiliated  relief  agen- 
cies operate  freely. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  citizens  with  the  right  to  travel  freely  within 
the  country  and  to  change  their  place  of  residence  and  work.  The  Government  re- 
quires all  citizens  to  carry  a  national  identification  card,  which  they  must  present 
on  demand  at  security  checkpoints.  Travelers  face  harassment  by  police  and  at  mili- 
tary roadblocks,  particularly  late  at  night.  The  independent  press  and  local  NGO's 
reported  that  travelers  are  often  pressured  into  paying  bribes  to  allow  free  passage. 
On  April  22,  President  Conte  announced  the  shutdown  of  the  infamous  "Kilometer 
36,"  a  manned  checkpoint  on  the  only  road  leading  from  Conakry  to  the  interior  of 
the  country.  The  checkpoint  had  been  the  scene  of  rampant  corruption  and  harass- 
ment. The  Government  reduced  security  force  presence  at  the  checkpoint,  however, 
it  later  reestablished  the  checkpoint  at  full  strength  and  established  new  ones  as 
well  throughout  the  country  following  the  May  25  coup  in  neighboring  Sierra  Leone. 
Government  officials  state  the  corruption  is  being  perpetrated  by  a  few  rogue  sol- 
diers. Abuse,  however,  at  official  checlcpoints  is  systematic. 

The  Government  permits  foreign  travel  for  its  citizens,  although  it  retains  the  au- 
thority to  limit  it  for  political  reasons.  The  Government  officially  closed  its  land  bor- 
ders with  Sierra  Leone  and  Liberia  for  security  reasons  related  to  a  May  25  coup 
in  Sierra  Leone  and  for  the  July  elections  in  Liberia  and  the  border  with  Sierra 
Leone  remains  closed.  Commerce  authorities  restricted  overland  trade  in  August 
1996  of  some  products  in  an  effort  to  improve  tax  collection  and  these  restrictions 
continue. 

In  June  President  Conte,  concerned  about  internal  security,  barred  Sierra 
Leoneans  from  entering  Guinea  without  proof  of  onward  travel  plans.  Officials  from 
the  office  of  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR)  said 
that  refugees  continued  to  move  relatively  freely  into  Guinea,  however,  due  to  po- 
rous borders. 

The  Government  permitted  Liberians  to  return  to  their  country  to  vote  in  national 
elections  in  July.  However,  these  persons  were  not  officially  permitted  to  reenter 
Guinea  as  asylum  seekers. 

The  Government  cooperates  fully  with  the  UNHCR,  the  World  Food  Program, 
other  humanitarian  organizations,  and  donor  countries  to  assist  refugees.  The  Gov- 
ernment provides  first  asylum  in  accordance  with  United  Nations  and  Organization 
of  African  Unity  conventions.  According  to  a  1997  census  report,  the  Government 
provided  asylum  to  more  than  400,000  refugees,  primarily  from  Liberia  and  Sierra 
Leone.  Refugees  account  for  half  or  more  of  the  populations  of  the  Forest  region 
cities  of  N'zerekore,  Gueckedou,  and  Macenta.  According  to  the  UNHCR,  approxi- 
mately 40,000  additional  refugees  entered  the  Forecariafi  region  following  the  May 
25  coup  in  Sierra  Leone.  Many  of  the  approximately  30,000  Sierra  Leonean  refugees 
already  in  Forecariah  and  an  additional  170,000  Sierra  Leonean  refugees  living  in 
the  Forest  region  were  scheduled  for  repatriation,  but  the  May  coup  forestalled  this 
effort. 

There  were  some  reports  of  forced  repatriation.  An  international  NGO  reported 
that  refugees  were  loaded  onto  military  trucks  to  be  returned  to  Sierra  Leone  fbllow- 
ing  the  coup.  The  UNHCR  reported  that  about  20  Sierra  Leoneans  fleeing  coup  vio- 
lence were  detained  at  the  border  but  eventually  released  to  UNHCR  workers.  The 
UNHCR  also  received  unconfirmed  reports  that  boatloads  of  Sierra  Leonean  refu- 
gees were  turned  away  by  the  Government  at  the  port  of  Conakry. 

The  Government  has  provided  school  buildings,  access  to  local  medical  facilities, 
and  land  for  farming  to  assist  those  designated  as  refugees.  However,  relief  organi- 
zations report  that  some  local  authorities  have  demanded  portions  of  donated  fuel 
and  food  from  delivery  convoys. 

While  the  Government  has  generally  been  hospitable  toward  refugees,  several 
NGO's  reported  that  local  police  and  border  patrol  guards  oflen  demanded  bribes 
before  allowing  refugees  into  the  country.  Some  border  officers  demanded  sex  in  lieu 
of  money  from  women  who  had  insufficient  funds  to  pay  bribes. 

International  NGO's  said  that  refugees  are  subject  to  arbitrary  arrests,  but  the 
harassment  is  not  specifically  targeted  at  refugees.  The  UNHCR  reports  that  detain- 
ees, oflen  held  for  naving  insufficient  identification  or  being  suspected  rebels,  are 
charged  before  a  magistrate  within  72  hours  as  required  by  law.  A  UNHCR  official 
said  that  a  refugee  prisoner  died  in  custody  in  Lola  in  1996,  but  at  year's  end  there 
had  been  no  reported  government  action  or  investigation.  Unknown  members  of  the 


150 

security  forces  killed  one  refugee  and  wounded  another  in  June  (see  Section  l.a.). 
A  World  Food  Program  oflicial  reported  that  refugees  are  not  receiving  their  com- 
plete meal  rations  donated  by  the  organization. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Although  the  1990  Constitution  provides  for  a  popularly  elected  president  and  a 
multiparty  parliament,  the  ability  of  citizens  to  exercise  effectively  this  provision  is 
restricted.  The  Government's  tight  control  of  the  electoral  process  and  lack  of  an 
independent  electoral  oversight  mechanism  call  into  serious  doubt  the  ability  of  citi- 
zens to  change  the  Government. 

President  Conte  took  office  in  1994  after  multiparty  elections  in  December  1993 
in  which  the  Government  dominated  the  electoral  process.  In  1995  the  President's 
party,  PUP,  won  62  percent  of  the  legislative  seats  (one  seat  short  of  the  majority 
required  to  make  constitutional  amendments)  and  56  percent  of  the  municipal  va- 
cancies. The  International  Commission  of  Jurists  reported  seeing  no  seals  on  the 
legislative  ballots,  results  envelopes  left  open,  and  various  means  of  intimidation 
used  at  some  polling  places.  The  African-American  Institute  said  that  the  National 
Electoral  Commission — the  supposed  "moral  guarantor  of  electoral  fairness" — had 
only  a  marginal  role. 

Opposition  leaders  deemed  the  entire  process  an  "electoral  masquerade"  and  "a 
comedy,"  and  openly  questioned  the  credibility  and  legitimacy  of  PUPs  municipal 
and  legislative  landslide  victories.  Shortly  after  results  were  announced,  nine  oppo- 
sition parties  joined  forces  to  form  an  umbrella  organization,  CODEM,  dedicated  "to 
act,  organize,  and  combat  together  to  make  Guinea  a  land  of  liberty."  These  parties' 
deputies  took  their  seats  in  the  National  Assembly  and  played  an  active  role  in 
budgetary  and  general  sessions,  (jovemment  radio  and  television  provided  live  cov- 
erage of  some  legislative  sessions  in  1996,  but  not  in  1997. 

FVesident  Conte  consolidated  control  of  several  key  government  operations  in 
March.  He  issued  a  presidential  decree  that  gave  him  new,  direct  control  over  the 
central  bank,  major  public  works,  and  the  State  Inspector  General,  enabling  the 
President  to  bypass  his  ministers.  The  decree  also  curtailed  the  authority  of  Prime 
Minister  Toure,  whose  portfolio  had  further  been  stripped  of  economic  matters. 

On  June  17,  F*resident  Conte  decreed  personnel  changes  in  the  administration  of 
the  country's  interior.  The  38  new  secretaries  general  (deputies  to  governors  and 
prefects)  are  all  members  of  the  PUP  with  strong  ties  to  the  President,  thereby 
threatening  the  autonomy  of  elected  mayors  as  secretaries  general  control  city  budg- 
ets. The  President  already  appoints  the  governors  and  prefects  to  administer  regions 
and  subregions  respectively,  and  they  siipervise  the  secretaries  general  who  are  em- 
ployees of  the  Minister  of  the  Interior.  (Opposition  party  officials  and  the  independ- 
ent press  have  charged  that  this  action  signals  that  the  Government  is  using  public 
funds  to  build  its  electoral  base  within  traditional  opposition  strongholds  in  antici- 
pation of  the  1998  presidential  elections.  Conte  was  also  criticized  by  members  of 
his  own  party  for  quashing  the  democratic  process  within  the  PUP  during  leader- 
ship elections  at  a  party  congress  this  year. 

During  the  April-May  session  of  the  National  Assembly,  a  majority  of  deputies 
once  again  rejected  the  Minister  of  Territorial  Administration's  efforts  to  appoint, 
rather  than  elect,  neighborhood  councils,  as  he  attempted  in  1996.  No  neighborhood 
council  elections  have  been  scheduled. 

Women  are  underrepresented  in  the  (jovernment.  The  President  appointed  a  Cab- 
inet in  July  1996  and  reduced  the  number  of  women  who  hold  positions  in  the  23- 
member  Cabinet  from  4  to  2.  Women  head  the  low  profile  ministries  of  Social  Affairs 
and  Youth,  Sports,  and  Civic  Education.  There  are  only  9  female  deputies  in  the 
114-member  National  Assembly.  There  are  few  women  at  senior  levels  below  min- 
ister and  no  women  among  senior  military  ranks.  Women  also  play  a  minor  role  in 
the  leadership  of  the  major  political  parties. 

The  Cabinet  and  armed  forces  leadership  include  representatives  of  all  major  eth- 
nic groups.  However,  a  disproportionate  number  of^  senior  military  officers  are 
Soussou,  the  President's  ethnic  group. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Local  NGO's  primarily  interested  in  human  rights  issues  include:  the  Guinean  Or- 
ganization for  the  Defense  of  Human  Rights;  the  Guinean  Human  Rights  Associa- 
tion; the  Children  of  the  Victims  of  Camp  Boiro;  S.O.S.  Burial  Grounds;  the  Associa- 
tion of  Victims  of  Repression;  Humanitarian  Assistance  for  Prisons;  Defense  of  Pris- 
oners' Rights;  Women  Jurists  for  Human  Rights;  the  Committee  for  the  Defense  of 
Civic  Rights;  and  the  Coordinating  Committee  on  Traditional  Practices  Affecting 


151 

Women's  and  Children's  Health.  Government  oflicials  are  cenerally  cooperative  and 
responsive  to  their  views;  however,  various  olUcials  have  olocked  private  efTorts  to 
memorialize  victims  of  the  Sekou  Toure  regime. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  states  that  all  persons  are  equal  before  the  law  regardless  of 
gender,  race,  ethnicity,  language,  beliefs,  political  opinions,  philosophy,  or  creed,  but 
the  Government  does  not  uniformly  enforce  these  provisions. 

Women. — Violence  against  women  is  common,  although  estimates  differ  as  to  the 
extent  of  the  problem.  Wife  beating  is  a  criminal  offense  and  constitutes  grounds 
for  divorce  under  civil  law;  however,  police  rarely  intervene  in  domestic  disputes. 

Although  the  Government  has  made  regular  statements  in  the  media  against  sex- 
ual harassment,  women  working  in  the  formal  sector  in  urban  areas  complain  of  fre- 
quent sexual  harassment.  There  are  credible  reports  from  prisoners  that  female  in- 
mates are  subject  to  harassment  and  sexual  assault  by  guards.  The  social  stigma 
attached  to  rape  prevents  most  victims  from  reporting  it.  The  Government  has  not 
vigorously  pursued  criminal  investigations  of  alleged  sexual  crimes. 

Refugees  from  Liberia  and  Sierra  Leone  report  that  some  soldiers  demand  sex  in 
exchange  for  entry  into  Guinea.  There  are  also  reports  of  sexual  assaults  on  refu- 
gees. In  February  UNHCR  reported  that  a  refugee  was  raped  by  two  men  in  mili- 
tary garb.  No  arrests  were  made.  The  UNHCR  reported  that  a  refugee  was  raped 
by  two  members  of  the  military  in  N'zerekore  in  November  1996.  Military  officials 
told  the  UNHCR  that  one  soldier  was  arrested  but  he  later  escaped.  Two  male  refu- 
gees raped  a  female  refugee  in  Yomou  in  June.  Security  officials  detained  the  men 
and  placed  them  under  the  supervision  of  refugee  camp  ofTicials.  At  year's  end,  pros- 
ecution was  reportedly  proceeding,  but  they  had  not  come  to  trial. 

The  Constitution  provides  for  equal  treatment  of  men  and  women,  and  the  Min- 
istry of  Social  Affairs  and  Women's  Protection  works  to  ensure  such  equality. 
Women  face  discrimination,  however,  particularly  in  rural  areas,  where  opportuni- 
ties for  women  are  limited  by  custom  and  the  demands  of  child-rearing  ana  subsist- 
ence farming.  Women  are  not  denied  access  to  land,  credit,  or  businesses,  but  inher- 
itance laws  also  favor  male  heirs  over  females.  Government  officials  acknowledge 
that  polygamy  is  commonly  practiced,  although  it  is  prohibited  by  law.  Divorce  laws 
generally  tend  to  favor  men  in  awarding  custody  and  dividing  communal  assets. 
Legal  evidence  given  by  women  carries  less  weight  than  that  given  by  men  (see  Sec- 
tion I.e.).  The  Government  has  affirmed  the  principle  of  equal  pay  for  equal  work, 
but  in  practice,  women  receive  less  pay  than  men  in  most  equally  demanding  jobs. 

Children. — The  Constitution  provides  that  the  Government  has  a  particular  obli- 
gation to  protect  and  nurture  the  nation's  youth,  and  the  Government  allocates  a 
significant  percentage  of  the  budget  to  primary  education.  The  President  appoints 
a  cabinet  minister  to  defend  women's  and  children's  rights  and  a  Minister  of  Youth. 

Total  enrollment  in  primary  education  is  just  over  580,000,  34  percent  of  whom 
are  girls.  Approximately  35  percent  of  all  eligible  students  are  enrolled  in  primary 
schools,  but  the  ratio  is  much  smaller  for  secondary  schools.  The  proportion  of  girls 
enrolled  in  secondary  schools  is  much  lower  than  the  percentage  in  primary  schools. 
The  Government  spent  5  percent  of  its  gross  domestic  product  on  education  in  1996. 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  nearly  uni- 
versal. It  is  practiced  in  allregions  and  among  all  religious  and  ethnic  groups.  FGM 
is  performed  on  girls  and  women  between  the  ages  of  4  and  70.  FGM  is  illegal  under 
the  Penal  Code  and  senior  officials  have  spoken  against  the  practice,  but  there  have 
been  no  prosecutions  for  violations  of  the  Code.  Elxact  figures  on  this  procedure  are 
difficult  to  establish  due  to  its  private  nature.  Expert  estimates  vary  between  65 
and  90  percent.  The  lower  figure,  if  accurate,  would  represent  a  decline  over  the 
past  decade  due  to  education  of  the  population  by  woman's  rights  groups  about  the 
health  risks  involved  with  the  practice.  However,  infibulation,  the  most  dangerous 
form  of  FGM,  is  still  performed  in  the  Forest  region.  Despite  diseases  resulting  from 
crude  and  unsanitary  surgical  instruments  and  deaths  resulting  from  the  practice, 
the  tradition  continues,  seriously  afTecting  women's  lives.  FGM  also  increases  the 
risk  of  HIV  infection  since  unsterilized  instruments  are  shared  among  participants. 

The  Government  has  made  efforts  to  educate  health  workers  on  the  dangers  of 
this  procedure  and  supports  the  efTorts  of  the  Committee  on  Traditional  Practices 
Affecting  Women  and  Children  (CPTAFE),  a  local  NGO  dedicated  to  eradicating 
FGM  and  ritual  scarring.  The  CPTAFE  reports  high  rates  of  infant  mortality  and 
maternal  mortality  due  to  FGM. 

In  March,  working  in  collaboration  with  the  World  Health  Organization's  regional 
efTorts,  the  Government  initiated  a  20-year  strategy  to  eradicate  FGM. 


152 

A  growing  number  of  men  and  women  oppose  the  practice.  Urban,  educated  fami- 
lies are  opting  increasingly  to  perform  only  a  slight  symbolic  incision  on  a  girl's 
genitals  rather  than  the  complete  procedure.  Those  who  perform  FGM  oppose  its 
eradication  since  it  is  quite  lucrative  for  them. 

The  CPTAFE,  in  conjunction  with  the  (}ovemment,  local  journalists,  and  inter- 
national NGO's,  is  promoting  an  education  campaign  to  discourage  underage  mar- 
riage. Although  sucn  marriages  are  prohibited  by  law,  parents  contract  marriages 
for  girls  as  young  as  age  11  in  the  Forest  region. 

Prostitution  exists  in  the  informal  economic  sector  and  employs  girls  as  young  as 
age  14.  The  Government  does  not  take  action  even  if  prostitution  of  minors  is 
brought  to  its  attention  and  does  not  actively  monitor  child  or  adult  prostitution. 

People  With  Disabilities. — The  Constitution  provides  that  all  persons  are  equal  be- 
fore the  law.  There  are  no  special  constitutional  provisions  for  the  disabled.  The 
Government  has  not  mandated  accessibility  for  the  disabled,  and  few  disabled  peo- 
ple work,  although  some  develop  opportunities  in  the  informal  sector. 

National  / Racial  / Ethnic  Minorities. — While  the  Constitution  and  the  Penal  Code 
prohibit  racial  or  ethnic  discrimination,  ethnic  identification  is  strong.  Mutual  sus- 
picion affects  relations  across  ethnic  lines,  in  and  out  of  government.  Senior  govern- 
ment levels  and  the  highest  military  ranks  below  the  President  include  representa- 
tives of  all  three  maior  ethnic  groups. 

President  Conte,  however,  reserved  the  majority  of  recent  senior  promotions  in 
the  armed  forces  for  Soussous,  his  own  ethnic  group.  Opposition  leaders  contend 
that  Soussous  are  overly  represented  in  high-level  cabinet  positions. 

In  March  ethnic  tensions  sparked  violence  in  Koule,  a  small  town  in  the  Forest 
region.  Members  of  the  Malinke  and  Gerze  ethnic  groups  clashed  following  an  al- 
leged rape  of  a  Gerze  woman  by  a  Malinke  man.  Military  personnel  reported  that 
at  least  three  Gerze  were  killed  in  the  violence.  Several  hundred  villagers  from  both 
ethnic  groups  were  seen  fleeing  the  area  by  an  NGO  delegation,  observed  the  town 
center  empty  of  residents,  numerous  dwellings  burned  and  sacked,  and  dozens  of 
armed  soldiers  patrolling  the  streets. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  of  employees 
to  form  independent  labor  unions  and  prohibits  discrimination  based  on  union  aflili- 
ation.  Only  an  estimated  5  percent  of  the  work  force  is  unionized.  Most  union  mem- 
bers are  employees  of  the  Government,  national  utilities  (electric,  water,  and  tele- 
phone companies),  or  foreign-controlled  companies. 

The  Labor  Code  states  tnat  all  workers,  except  military  and  paramilitary  person- 
nel, have  the  right  to  create  and  participate  in  organizations  that  defend  and  de- 
velop their  individual  and  collective  rights  as  workers.  It  requires  elected  worker 
representatives  for  any  enterprise  employing  25  or  more  salaried  workers. 

The  National  Confederation  of  Guinean  Workers  (CNTG)  was  the  sole  trade  union 
before  the  Labor  Code  was  enacted.  Althou^  there  are  now  other  trade  unions  and 
labor  confederations,  the  CNTG  remains  the  largest  confederation. 

The  CNTG  is  indirectly  funded  by  the  State,  although  dissident  members  seek  to 
increase  the  Confederation's  freedom  from  government  control.  Independent  unions 
and  confederations  have  gained  popularity,  such  as  the  Free  Union  of  Teachers  and 
Researchers  of  Guinea  and  the  National  Organization  for  Free  Trade  Unions  of 
Guinea.  Several  disgruntled  groups  within  the  CNTG  left  the  Confederation  in  1996 
citing  corruption  of  among  leadership.  These  groups  joined  with  some  independent 
unions  to  form  the  United  Syndicates  of  Guinean  Workers. 

The  Labor  Code  grants  salaried  workers,  including  public  sector  civilian  employ- 
ees, the  right  to  strike  10  days  after  their  representative  union  makes  known  its 
intention  to  strike.  It  prohibits  strikes  in  sectors  providing  "essential  services"  (hos- 
pitals, radio  and  television,  army,  and  police). 

A  nationwide  public-school  teachers  strike  immobilized  the  education  sector  for 
2  weeks  beginning  on  April  14.  Union  leaders  ended  the  strike  after  President  Conte 
promised  to  reinstate  an  8  percent  pay  raise  for  all  state  employees. 

Members  of  the  independent  union,  Free  Union  of  Educators  and  Researchers  of 
Guinea  (SLECG),  and  the  government  afTiliated  union,  Professional  Union  Federa- 
tion for  Education  (FSPE),  went  on  strike  to  restore  a  previously  agreed  wage  in- 
crease as  well  as  cost  of  living  adjustments.  Union  leaders  reported  harassment  by 
the  Government  and  its  supporters,  including  the  arrest  of  eight  teachers,  mob  at- 
tacks on  teachers'  homes,  cutting  of  phone  lines,  burning  of  tires  in  front  of  union 
headquarters  by  youths  armed  with  rocks  and  clubs,  threatening  phone  calls,  and 
refusal  by  police  to  intervene.  In  August  the  teachers  received  an  8  percent  salary 
increase  (the  same  increase  was  also  given  to  all  other  civil  servants).  Teachers  also 
received  the  right  to  claim  seniority  oenefits  for  any  past  training  or  internships. 


153 

Unions  may  freely  affiliate  with  international  labor  groiips.  The  Government  con- 
tinues to  designate  the  CNTG  to  represent  workers  in  tne  International  Labor  Orga- 
nization conference. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Under  the  Labor  Code,  rep- 
resentative workers'  unions  or  union  groups  may  organize  in  the  workplace  and  ne- 
gotiate with  employers  or  employer  organizations.  The  law  protects  the  right  to  bar- 
gain collectively  concerning  wages  and  salaries  without  government  interference. 
Work  rules  and  woric  hours  established  by  the  employer  are  developed  in  consulta- 
tion with  union  delegates.  The  Code  also  prohibits  antiunion  discrimination.  Union 
delegates  represent  individual  and  collective  claims  and  grievances  with  manage- 
ment. Individual  woricers  threatened  with  dismissal  or  other  sanctions  have  tne 
right  to  a  hearing  before  management  with  a  union  representative  present  and,  if 
necessary,  to  take  the  complaint  to  the  Conakry  Labor  Court,  which  convenes  week- 
ly to  hear  such  cases.  In  the  interior,  civil  courts  hear  labor  cases. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Labor  Code  specifically  for- 
bids forced  or  compulsory  labor,  and  there  is  no  evidence  of  its  practice.  The  Labor 
Code  specifically  forbids  forced  and  bonded  labor  by  children  and  the  Government 
enforces  this  prohibition  effectively. 

d.  Status  Of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — According 
to  the  Labor  Code,  the  minimum  age  for  employment  is  16  years.  Apprentices,  how- 
ever, may  start  at  14  years  of  age.  Workers  and  apprentices  under  the  age  of  18 
are  not  permitted  to  work  at  night,  nor  for  more  than  12  consecutive  hours,  nor  on 
Sundays.  The  Labor  Code  also  stipulates  that  the  Minister  of  Labor  and  Social  Af- 
fairs must  maintain  a  list  of  occupations  in  which  women  and  youth  under  the  age 
of  18  cannot  be  employed.  In  practice  enforcement  by  Ministry  inspectors  is  limited 
to  large  firms  in  the  modem  sector  of  the  economy.  A  1997  study  by  the  Ministry 
of  Planning  states  that  approximately  66  percent  of  children  between  the  ages  of 
7  and  14  were  employed  in  the  rural  sector,  the  rate  jumped  to  91  percent  in  the 
15  to  19  age  group.  In  urban  areas,  approximately  19  percent  of  children  between 
the  ages  oi  7  and  14  are  employed.  The  rate  jumps  to  50  percent  for  children  be- 
tween the  ages  of  15  and  19.  Child  labor  in  factories  is  not  a  prevalent  problem  be- 
cause of  the  low  level  of  manufacturing. 

The  Government  prohibits  forced  and  bonded  child  labor  and  enforces  this  prohi- 
bition effectively  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  provides  for  the  establishment 
by  decree  of  a  minimum  hourly  wage,  but  the  Government  has  not  done  so.  There 
are  also  provisions  in  the  Code  for  overtime  and  night  wages,  which  are  fixed  per- 
centages of  the  regular  wage.  According  to  the  Labor  Code,  regular  work  is  not  to 
exceed  10-hour  days  or  48-nour  weeks,  and  there  is  to  be  a  period  of  at  least  24 
consecutive  hours  of  rest  each  week,  usually  Sunday.  Every  salaried  worker  has  the 
legal  ri^t  to  an  annual  paid  vacation,  accumulated  at  the  rate  of  at  least  2y2  work- 
days per  month  of  work.  In  practice  the  authorities  enforce  these  rules  only  in  the 
relatively  small  modern  urban  sector. 

The  Labor  Code  contains  provisions  of  a  general  nature  regarding  occupational 
safety  and  health,  but  the  Government  has  not  elaborated  a  set  of  practical  work- 
place health  and  safety  standards.  Moreover,  it  has  not  issued  any  of  the  ministerial 
orders  laying  out  the  specific  requirements  for  certain  occupations  and  for  certain 
methods  of  work  that  are  called  for  in  the  Labor  Code.  The  Ministry  of  Labor  and 
Social  Affairs  is  responsible  for  enforcing  labor  standards,  and  its  inspectors  are  em- 
powered to  suspend  work  immediately  in  situations  hazardous  to  health.  However, 
enforcement  remained  more  a  goal  than  a  reality.  Labor  inspectors  acknowledge 
that  they  cannot  even  cover  Conakry,  much  less  the  entire  country,  with  their  small 
staff  and  meager  budget. 

Under  the  Labor  Code,  workers  have  the  right  to  refuse  to  work  under  unsafe  con- 
ditions without  penalty.  Nevertheless,  many  workers  fear  retaliation  should  they 
refuse  to  work  under  unsafe  conditions.  Employees  in  high-risk  professions,  such  as 
night  guards,  drivers,  and  police,  have  protested  conditions. 


GUINEA-BISSAU 

Joao  Bernardo  Vieira  was  elected  President  in  the  Republic  of  Guinea-Bissau's 
first  multiparty  elections  in  1994.  Vieira  has  ruled  the  country  since  taking  power 
in  a  1980  coup.  He  is  also  a  member  of  the  African  Party  for  the  Independence  of 
Guinea-Bissau  and  Cape  Verde  (PAIGC),  which  was  the  only  legal  political  party 
from  independence  in  1974  until  adoption  of  a  multiparty  constitution  in  1991.  The 


154 

PAIGC  holds  62  of  the  100  seats  in  the  National  Assembly  where  4  other  parties 
are  represented.  The  Constitution  provides  for  an  independent  judiciary,  but  its 
functioning  is  hampered  by  a  lack  of  resources  and  by  corruption. 

The  police,  under  the  direction  of  the  Ministry  of  the  Interior,  have  primary  re- 
sponsibility for  the  nation's  internal  security.  The  armed  forces  are  responsible  for 
external  security  and  may  be  called  upon  to  assist  the  police  in  internal  emer- 
gencies. The  police  were  responsible  for  human  rights  abuses. 

The  population  of  1  million  relies  largely  upon  subsistence  agriculture  and  the  ex- 
port 01  cashew  nuts.  Annual  per  capita  gross  domestic  product  is  estimated  at  $840. 
The  country  underwent  a  major  economic  transformation  in  1997  with  its  entrance 
to  the  West  African  Economic  and  Monetary  Union  (UEMOA).  The  introduction  of 
the  UEMOA's  cfa  franc  has  provided  the  country  with  its  first  convertible  currency. 
In  addition  UEMOA  provides  a  larger  potential  market  for  the  country's  products. 
In  the  short  term,  admission  has  caused  some  adjustment  problems,  including  cur- 
rency shortages,  but  on  the  whole  UEMOA  membership  is  expected  to  be  positive. 
The  country  remains  burdened  by  a  heavy  external  debt  and  has  inadequate  tax 
revenues. 

Political  pluralism  brought  about  greater  transparency.  However,  the  overall 
human  rights  situation  did  not  improve  during  the  year.  Police  continued  to  engage 
in  arbitrary  detention,  physical  mistreatment,  and  other  forms  of  harassment.  The 
Government  did  not  punish  any  members  of  the  security  forces  for  abuses.  Prison 
conditions  remained  poor,  and  prolonged  detention  and  a  lack  of  due  process  contin- 
ued. Journalists  continue  to  practice  self-censorship.  Discrimination  against  women 
and  female  genital  mutilation  are  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

The  Interior  Ministry  claims  to  be  continuing  an  internal  investigation  into  the 
1996  shooting  of  two  African  deportees  by  police  following  demonstrations;  one  of 
the  deportees  died.  The  authorities  have  yet  to  release  any  results  or  punish  anyone 
involved. 

The  1992  death  of  Ussumane  Quade,  an  army  officer  beaten  to  death  while  in  po- 
lice custody,  remains  unresolved.  Early  this  year,  two  police  officers  were  arrested 
in  connection  with  his  death;  however,  they  were  never  charged  and  were  later  re- 
leased. The  human  rights  monitors  from  the  Guinean  Human  Rights  League  contin- 
ued to  press  for  prosecution  of  the  officers. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  cruel  and  inhuman  punishment,  and  evidence  obtained 
through  torture  or  other  coercion  is  invalid.  However,  the  Government  often  ignores 
these  provisions.  Security  and  police  authorities  have  historically  employed  abusive 
interrogation  methods,  usually  in  the  form  of  severe  beatings  or  deprivation.  The 
Government  rarely  enforces  provisions  for  punishment  of  abuses  committed  by  secu- 
rity forces.  Beatings  and  deprivation  have  continued  to  be  used  in  prisons  as  a 
means  of  coercion.  The  head  of  the  national  police  has  initiated  a  program  to  edu- 
cate police  in  the  interior  against  using  such  methods.  The  program  was  conducted 
in  three  regions  during  1996  and  1997.  According  to  the  police,  a  lack  of  resources 
prevents  the  program  from  being  used  elsewhere. 

Two  policemen  accused  of  rape  in  1995  have  yet  to  stand  trial,  and  no  trial  date 
has  been  set.  As  is  the  case  for  most  prisoners  awaiting  trial,  the  policemen  are  free 
during  the  day  and  jailed  at  night.  Human  rights  monitors  report  other  incidents 
in  which  police  accused  of  rape  or  mistreatment  of  prisoners  have  not  been  pros- 
ecuted. 

Prison  conditions  are  poor  but  generally  are  not  life  threatening.  Prison  authori- 
ties have  very  little  control  over  inmates,  many  of  whom  simply  leave  during  the 
day.  The  Interior  Minister  has  requested  international  donor  assistance  to  rehabili- 
tate the  prisons. 

The  Human  Rights  League  was  given  access  to  the  prisons  during  the  year. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  legal  system  provides  for  procedural 
rights,  such  as  the  right  to  counsel,  the  right  to  release  if  no  timely  indictment  is 
brought,  and  the  right  to  a  speedy  trial.  In  practice  the  judicial  system  generally 
fails  to  provide  these  rights. 

Police  detain  suspects  without  judicial  authority  or  warrants,  occasionally  through 
the  devices  of  house  arrest.  The  Government  holds  detainees  without  charge  or  trial 
for  extended  periods  of  time,  sometimes  incommunicado. 


155 

Human  rights  monitors  estimate  that  pretrial  detainees  arrested  without  war- 
rants and  imprisoned  without  charge  make  up  more  than  90  percent  of  the  prison 
population.  The  authorities  do  not  routinely  observe  bail  procedures. 

The  African  deportees  from  Spain,  who  were  in  custody  in  1996,  have  all  been  re- 
leased and  returned  to  their  home  countries.  The  Gk)vemment  began  an  investiga- 
tion into  the  matter,  but  at  year's  end  has  released  no  results. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  judges,  who  are  poorly  trained  and  paid,  are  sometimes  subject  to  political 
pressures  and  corruption.  The  Supreme  Court  is  especially  vulnerable  to  political 
pressure,  as  its  menibers  are  appointed  by  the  President  and  serve  at  his  pleasure. 

The  judiciary  is  reluctant  to  decide  cases  of  a  political  nature.  Cases  against  sev- 
eral former  and  current  members  of  the  Government  have  continued  to  be  delayed. 
The  Supreme  Court  has  found  itself  incapable  of  dealing  impartially  with  highly 
charged  political  cases.  The  Court  was  asked  to  rule  on  the  constitutionality  ofthe 
President's  actions  in  naming  a  new  government  in  May.  The  opposition  charged 
that  he  failed  to  consult  with  political  parties  in  Parliament,  as  required  by  the  Con- 
stitution. The  Court  ruled  that  although  the  President's  actions  were  unconstitu- 
tional, the  decree  he  issued  that  namea  the  Government  would  be  allowed  to  stand 
for  the  good  of  the  nation. 

This  judgment  was  not  the  original  decision  written  by  the  justice  assigned  to  the 
case.  Sne  wrote  a  decision  that  dismissed  the  Government  due  to  the  unconstitution- 
ality of  the  decree  by  which  it  was  appointed.  Before  her  initial  decision  could  be 
released,  however,  the  Supreme  Court  President — after  President  Vieira"s  interven- 
tion— issued  a  press  release  ostensibly  summarizing  the  Court's  decision.  In  it  he 
stated  that,  althoiigh  the  President's  actions  were  unconstitutional,  the  Government 
could  remain  in  ofnce.  After  additional  presidential  pressure,  court  members  forced 
the  decision's  author  to  change  her  decision  to  conform  with  the  press  release. 

Trials  involving  state  security  are  conducted  by  civilian  courts.  Military  courts  try 
only  crimes  under  the  Code  oi  Military  Justice  committed  by  armed  forces  person- 
nel. The  Supreme  Court  is  the  final  court  of  appeal  for  both  civilian  and  military 
cases.  The  President  has  the  authority  to  grant  pardons  and  reduce  sentences. 

Citizens  who  cannot  aflbrd  an  attorney  have  the  right  to  a  court-appointed  lawyer. 

Traditional  law  still  prevails  in  most  rural  areas,  and  urban  dwellers  often  bring 
judicial  disputes  to  traditional  counselors  to  avoid  the  costs  and  bureaucratic  im- 
pediments of  the  official  system.  Police  often  resolve  disputes. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  domicile,  person,  and  correspondence, 
but  the  Government  does  not  always  respect  these  rights.  The  police  do  not  always 
use  judicial  warrants  and  have  forced  entry  into  some  private  homes.  International 
and  domestic  mail  is  at  times  opened;  however,  this  violation  is  by  poorly  paid  post- 
al employees  in  search  of  money  or  other  valuables,  not  by  security  personnel. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  but  journalists  continue  to  practice  self-censorship. 

In  addition  to  the  government-run  newspaper,  there  is  a  daily  newspaper  and  four 
weekly  newspapers.  All  newspapers  publish  sporadically  due  to  financial  con- 
straints. The  national  printing  press,  the  only  facility  for  publishing  newspapers  in 
the  country,  often  lacks  the  raw  materials  to  publish  them. 

There  are  currently  three  independent  radio  stations  and  one  government-con- 
trolled station  in  Bissau.  In  addition  Radio  Portugal  and  Radio  France  international 
broadcasts  are  received  directly  from  Lisbon  and  Paris.  There  are  also  three  commu- 
nity radio  stations  run  by  the  indigenous  nongovernmental  organization  (NGO)  Ac- 
tion for  Development  and  there  are  plans  to  open  a  fourth  community  radio  station 
supported  by  Plan  International.  One  independent  radio  station  rebroadcasts  British 
Broadcasting  Corporation  news  and  another  has  plans  to  begin  rebroadcasts  of  the 
Voice  of  America. 

One  of  the  community  stations  has  faced  harassment  from  the  local  authorities. 
In  July  two  of  its  journalists  were  arrested  after  broadcasting  an  interview  with  a 
local  farmer  who  was  critical  of  a  local  judge.  The  judge  ordered  the  station  to  air 
a  statement  disclaiming  the  interview.  When  the  journalists  refused,  the  judge 
found  them  in  contempt  of  court  and  ordered  them  jailed.  The  National  Council  of 
Social  Communication  (Media)  issued  a  ruling  in  favor  of  the  journalists,  and  the 
case  is  to  be  heard  by  the  Supreme  Court,  but  at  year's  end  no  date  had  been  set 
for  trial,  although  both  journalists  have  been  released. 

Academic  freedom  is  observed  in  schools  and  research  institutions. 


156 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  and  the  Government  respects  this  right  in  practice.  Govern- 
ment approval  is  required  for  all  assemblies  and  demonstrations.  During  the  year, 
the  Government  approved  all  such  requests.  Numerous  organizations  held  rallies, 
some  of  which  were  highly  critical  of  the  Government.  Unlike  its  actions  in  1996, 
the  Government  did  not  try  to  prevent  such  demonstrations. 

Student  demonstrations  in  May  in  Bissau  and  regional  capitals  turned  violent. 
Demonstrators  attacked  government  buildings  and  private  property.  In  one  regional 
capital,  while  acting  to  restore  order  and  protect  government  personnel,  the  police 
fired  on  the  demonstrators,  injuring  two,  one  severely.  Five  police  officers  were  also 
injured. 

The  Constitution  provides  for  freedom  of  association,  and  the  Government  re- 
spects this  right  in  practice.  The  Government  does  not  prohibit  or  discourage  ac- 
tively the  formation  of  associations.  All  private  associations  are  required  to  register 
with  the  Government. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  While  religious  groups  must  be  licensed 
by  the  Government,  none  has  been  refused.  Various  faiths,  including  Jehovah's  Wit- 
nesses, continued  missionary  operations  during  the  year.  The  Government  includes 
members  from  all  major  religious  groups. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  generally  does  not  restrict  movement  within  the  coun- 
try, foreign  travel,  or  emigration.  However,  checkpoints  and  police  harassment 
occur.  Passports  are  issued  by  the  Minister  of  the  Interior.  Citizens  are  guaranteed 
the  right  to  return  and  are  not  subject  to  political  revocation  of  their  citizenship. 
The  Government  allows  refugees  to  stay  if  they  fear  persecution  at  home.  There  are 
no  formal  provisions  to  recognize  this  status,  but  it  is  granted  on  a  case-by-case 
basis.  No  refugees  have  been  deported  to  a  country  where  they  fear  persecution. 

The  Government  provided  first  asylum  to  refugees  from  the  conflicts  in  Liberia, 
Sierra  Leone,  and  the  Casamance  region  of  Senegal.  There  are  over  15,000  Senegal- 
ese refugees  along  the  Bissauan-Senegalese  border,  and  renewed  fighting  in  the 
Casamance  region  is  expected  to  cause  their  numbers  to  grow.  The  United  Nations 
High  Contmiissioner  for  Refugees  (UNHCR)  set  up  a  refugee  camp  in  Jolomete,  well 
south  of  the  Senegalese  border,  but  only  750  Senegalese  refugees  have  agreed  to  re- 
locate. The  Government  requested  this  location  to  prevent  refugees  from  being  in- 
volved in  the  Casamance  separatist  movement.  There  were  no  reports  of  forced  re- 
turn of  persons  to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

In  1994  voters  were  able  to  choose  their  government  freely  for  the  first  time  in 
the  nation's  history.  The  PAIGC  retained  power  in  elections  judged  to  be  free  and 
fair  by  international  observers,  although  they  acknowledged  some  irregularities. 

Local  elections  promised  by  the  Government  since  1995  have  yet  to  materialize. 
The  Government's  first  local  electoral  law  was  the  subject  of  much  criticism,  as  it 
seemed  to  offer  preferential  treatment  to  areas  supporting  the  Government.  After 
a  court  challenge  by  the  opposition,  the  Government  withdrew  the  law  and  formed 
an  all-party  parliamentary  commission  to  draft  new  legislation.  The  Minister  of  Ter- 
ritorial Administration  promised  local  elections  by  the  end  of  1997.  However,  such 
elections  were  not  expected  to  be  held  until  late  1998  at  the  earliest  since  the  new 
law  is  not  drafted,  the  electoral  census  is  not  complete,  and  donors  await  a  realistic 
funding  plan  from  the  Ministry. 

Using  his  emergency  power  clause  following  student  demonstrations,  the  Presi- 
dent dismissed  the  country's  first  postelection  government  in  May.  The  opposition 
and  most  citizens  praised  this  action.  However,  ignoring  a  constitutional  require- 
ment for  consultation,  the  President  then  named  a  new  government  without  ade- 
quate consultation  with  the  political  parties.  The  opposition  filed  a  court  challenge 
to  the  new  Government's  constitutionality.  The  Supreme  Court  ruled,  in  a  decision 
brought  on  by  the  President's  interference  (see  Section  I.e.),  that  although  the  Presi- 
dent's action  was  unconstitutional,  the  Government  could  remain  in  ofiice  for  the 
good  of  the  nation.  Public  opinion  was  highly  critical  of  this  decision,  and  the  opposi- 
tion charged  that  the  Court  overstepped  its  authority.  Some  opposition  leaders 
called  for  Parliament's  dissolution  and  new  legislative  elections.  The  President  indi- 
cated that  legislative  elections  were  a  possibility.  Due  to  public  sentiment,  he  dis- 
missed the  Government,  consulted  with  the  opposition,  and  reappointed  the  same 
government. 


157 

Women  are  underrepresented  in  the  National  Assembly,  where  they  have  only  8 
of  the  100  seats.  Three  of  15  Cabinet  ministers  are  women,  including  the  Interior 
Minister. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Government  did  not  interfere  with  the  Guinea-Bissau  Human  Rights  League 
(LGDH),  and  international  human  rights  groups  continued  to  investigate  human 
rights  abuses  obiectively  without  government  harassment.  Moreover,  the  authorities 
relationship  with  the  IGDH  appears  to  have  improved  considerably  since  the  new 
Government  took  office.  The  Prime  Minister  and  the  LGDH  president  have  had  sev- 
eral substantive  discussions. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  and  law  prohibit  discrimination  on  the  basis  of  sex,  race,  and 
religion.  In  practice,  however,  the  Government  does  not  effectively  enforce  these  pro- 
visions. 

Women. — Physical  violence,  including  wife  beating,  is  an  accepted  means  of  set- 
tling domestic  disputes.  Although  police  will  intervene  in  domestic  disputes  if  re- 
quested, the  Government  has  not  undertaken  specific  measures  to  counter  social 
pressure  against  reporting  domestic  violence,  rape,  incest,  and  other  mistreatment 
of  women. 

Discrimination  against  women  persists  although  officially  prohibited  by  law. 
Women  are  responsible  for  most  work  on  subsistence  farms  and  nave  limited  access 
to  education,  especially  in  rural  areas.  Women  do  not  have  equal  access  to  employ- 
ment. Among  certain  ethnic  groups,  women  can  not  own  or  manage  land  nor  innerit 
propertv. 

Children. — The  Government  allocates  only  limited  resources  for  children's  welfare 
and  education. 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  widely 
practiced  within  certain  ethnic  groups,  especially  the  Fulas  and  the  Mandinkas.  The 
practice  is  increasing  as  the  population  becomes  more  Muslim.  The  practice  is  now 
being  performed  not  only  on  adolescent  girls,  but  also  on  babies  as  young  as  4 
months  old.  The  Government  has  not  outlawed  the  practice.  It  has,  however,  formed 
a  national  committee,  which  is  conducting  a  nationwide  education  campaign  to  dis- 
courage it.  International  NGO's,  including  Radda  Barnen  (the  Swedisn  equivalent 
of  Save  the  Children)  and  Plan  International,  as  well  as  several  domestic  NGO's 
such  as  Friends  of  Children  and  Sinim  Mira  Nasseque,  are  working  through  the  na- 
tional committee  to  eliminate  FGM. 

People  With  Disabilities. — There  is  no  legislation  mandating  accessibility.  The  law 
does  not  specifically  prohibit  discrimination  against  people  with  disabilities,  and  the 
Government  does  not  ensure  equal  access  to  employment  and  education.  The  State 
has  made  some  efforts  to  assist  disabled  veterans  through  pension  programs,  but 
these  programs  do  not  adequately  address  veterans'  health,  housing,  and  food  needs. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  all  civilian  workers  with 
the  freedom  to  form  and  join  independent  trade  unions.  However,  the  vast  majority 
of  the  population  works  in  subsistence  agriculture.  Most  union  members  are  govern- 
ment or  parastatal  employees;  only  a  small  percentage  of  workers  are  in  the  wage 
sector  and  are  organized. 

The  Government  registers  all  labor  unions.  There  are  11  labor  unions  registered 
and  operating.  All  unions  are  ofTicially  independent  of  the  Government,  but  seven 
unions  are  afiiliated  with  the  National  Trade  Union  Confederation  (UNTG),  which 
retains  close  informal  ties  with  the  PAIGC.  The  law  does  not  favor  UNTG-affiliated 
unions  over  others.  The  Constitution  provides  for  the  right  to  strike  and  protection 
for  workers  from  retribution  against  strike  activities. 

The  only  legal  restriction  on  strike  activity  is  the  requirement  for  prior  notice. 
Legal  strikes  were  conducted  by  several  unions,  with  no  retribution  against  the 
strikers. 

All  unions  are  free  to  affiliate  freely  with  national  confederations  and  inter- 
national labor  organizations  of  their  choice. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  does  not 
provide  or  protect  the  right  to  bargain  collectively,  and  there  were  no  instances  of 

fenuine  collective  bargaining.  Most  wages  are  established  in  bilateral  negotiations 
etween  workers  and  employers,  taking  into  consideration  the  minimum  salaries  set 
annually  by  the  Government's  Council  of  Ministers. 


158 

The  Government's  provisions  for  the  protection  of  workers  against  antiunion  dis- 
crimination have  very  little  effect  due  to  low  union  membership.  The  Government 
has  not  taken  further  action,  but  no  workers  have  alleged  antiunion  discrimination. 
The  Government  adopted  no  laws  to  establish  penal  sanctions  against  employers 
practicing  such  discrimination.  The  practice  is  not  widespread. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^Forced  or  compulsory  labor,  in- 
cluding that  performed  by  children,  is  not  permitted  by  law.  These  prohibitions  are 
generally  enforced  in  the  formal  sector.  However,  children  are  often  forced  by  their 
parents  or  guardians  to  work  as  street  traders  or  agricultural  laborers  in  the  infor- 
mal sector  (see  Section  6.d.).  The  Government  has  not  taken  effective  action  to  com- 
bat such  practices. 

In  1996  the  armed  forces  chief  of  staff,  Ansumane  Mane,  was  arrested  after  sev- 
eral children  died  in  an  explosion  that  occurred  when  they  were  forced  to  prepare 
shell  cases  for  sale  to  Casamance  rebels.  Mane  was  placed  under  house  arrest,  but 
never  formally  charged;  he  was  ultimately  pardoned  and  reinstated  by  President 
Vieira. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Forced  or 
compulsory  labor  by  children  is  not  permitted  by  law.  This  prohibition  is  generally 
enforced  in  the  formal  sector  (see  Section  6.c.). 

The  (jeneral  Labor  Act  of  1986  established  a  minimum  age  of  14  years  for  general 
factory  labor  and  18  years  for  heavy  or  dangerous  labor,  including  all  labor  in 
mines.  These  minimum  age  requirements  are  generally  followed  in  the  small-wage 
sector,  but  the  Ministry  of  Justice  and  Labor  does  not  enforce  these  requirements 
in  other  sectors.  Children  in  cities  often  work  in  street  trading,  and  those  in  rural 
communities  do  domestic  and  field  work  without  pay.  The  Government  does  not  at- 
tempt to  discourage  these  traditional  practices. 

e.  Acceptable  Conditions  of  Wor^.— -The  (jovemment's  Council  of  Ministers  annu- 
ally establishes  minimum  wage  rates  for  all  categories  of  work  but  does  not  enforce 
them.  The  lowest  monthly  wage  is  approximately  $15  (9,000  cfa  francs).  This  wage 
is  inadequate  to  maintain  a  rmnimum  standard  of  living,  and  workers  must  supple- 
ment their  income  through  oth^r  work,  reliance  on  the  extended  family,  and  subsist- 
ence agriculture.  The  maximum  number  of  hours  permitted  in  a  normal  workweek 
without  further  compensation  is  45,  but  the  (jovemment  does  not  enforce  this  provi- 
sion. 

The  Ministry  of  Justice  and  Labor  establishes  legal  health  and  safety  standards 
for  workers,  with  the  cooperation  of  the  unions,  wnich  are  then  adopted  into  law 
by  the  National  Assembly.  However,  these  standards  are  not  enforced,  and  many 
persons  work  under  conditions  that  endanger  their  health  and  safety. 

Workers  do  not  have  a  guaranteed  right  to  remove  themselves  from  unsafe  work- 
ing conditions  without  losing  their  jobs.  Given  high  unemployment,  a  worker  who 
left  for  such  reasons  would  be  readily  replaced. 


KENYA 


President  Daniel  Arap  Moi  won  reelection  in  December  in  Kenya's  second  general 
elections  since  the  restoration  of  multiparty  politics  in  1991.  While  observers  consid- 
ered the  elections  imperfect,  they  concluded  that  the  vote  broadly  reflected  the  popu- 
lar will.  In  addition  to  his  role  as  President,  Moi  also  commands  the  military  serv- 
ices and  controls  the  security,  university,  civil  service,  judiciary,  and  provincial,  dis- 
trict, and  local  governance  systems.  The  ruling  party,  the  Kenya  African  National 
Union  (KANU)  has  a  slim  majority  of  the  unicameral  National  Assembly's  200  seats. 
The  judiciary  is  subject  to  executive  branch  influence. 

The  large  internal  security  apparatus  includes  the  Police  Criminal  Investigation 
Department  (CID),  the  Directorate  of  Security  and  Intelligence  (DSI),  the  National 
Ponce,  the  Administration  Police  (AP),  and  the  paramilitary  CJeneral  Services  Unit 
(GSU).  The  CID  and  the  DSI  investigate  criminal  activity  and  monitor  persons 
whom  the  State  considers  subversive.  Members  of  the  security  forces  committed  se- 
rious human  rights  abuses,  and  on  a  larger  scale  than  in  1996. 

The  economy  includes  a  well-developed  private  sector  in  trade,  light  manufactur- 
ing, and  finance.  The  large  agricultural  sector  provides  food  for  local  consumption, 
substantial  exports  of  cofiee,  tea,  cut  flowers,  and  vegetables,  and  approximately  70 
percent  of  total  employment.  Tourism  remained  the  largest  single  foreign  exchange 
earner,  despite  a  major  setback  caused  by  ethnic  violence  along  the  coast  in  August 
and  September.  Drought,  followed  by  floods,  kept  upward  pressure  on  food  prices. 
Annual  per  capita  gross  domestic  product  is  $270. 


159 

Throughout  the  first  8  months  of  the  year,  the  Government's  human  rights  record 
deteriorated,  with  serious  problems  in  many  areas.  Many  aspects  of  the  situation 
improved  significantly  in  the  last  4  months  of  the  year,  although  human  rights  vio- 
lations continued  to  occur.  Police  continued  to  conunit  extrajudicial  killings  and  to 
torture  and  beat  detainees.  They  arbitrarily  arrested  and  detained  citizens  (al- 
though not  for  political  reasons  after  the  enactment  of  the  reforms),  and  held  them 
for  prolonged  periods.  Prison  conditions  remained  life  threatening.  The  judiciary  was 
subject  to  executive  branch  influence,  and  several  judges  complained  in  public  about 
executive  interference  in  judicial  afTairs.  Authorities  infringed  on  citizens  privacy 
rights.  Throu^  the  spring  and  summer,  as  the  tempo  of  political  activity  quickened, 
government  harassment  and  intimidation  of  opponents  significantly  increased.  The 
Government  detained  critics  of  the  ruling  party,  including  opposition  parliamentar- 
ians, journalists,  clergy,  and  human  rights  activists,  for  periods  ranging  from  a  few 
hours  to  several  days.  Government  authorities  severely  limited  freedom  of  speech, 
assembly,  and  association,  and  blocked  opposition  leaders'  access  to  their  supporters 
and  to  the  electronic  media.  Journalists  practiced  some  self-censorship.  The  Govern- 
ment deployed  the  National  Youth  Service  (NYS),  which  traditionally  has  provided 
young  Kenyans  job  training  in  exchange  for  several  years  of  national  civilian  serv- 
ice, to  block  opposition  political  meetings.  The  number  of  disrupted  opposition  politi- 
cal meetings  and  civic  education  workshops  in  the  first  8  months  of  the  year  rose 
sharply  over  1996. 

Beginning  in  late  September,  however,  there  was  a  visible  improvement  in  the 
human  rights  situation,  as  the  bipartisan  Interparties  Parliamentary  Group  (IPPG) 
brokered  a  package  of  wide-ranging  political  reforms,  which  the  Government  en- 
acted in  early  November.  These  paved  the  way  for  a  generally  free  campaign  and 
credible,  if  imperfect,  national  elections  at  year's  end.  The  results  broadly  reflected 
the  popular  will  and  marked  a  step  forward  in  citizen's  ability  to  change  their  gov- 
ernment peacefully,  although  their  ability  to  do  so  has  not  yet  been  fully  dem- 
onstrated at  the  presidential  level.  After  denying  registration  to  many  political  par- 
ties for  several  years,  the  Government  finally  acted  on  the  applications  and  reg- 
istered 16  new  parties.  Government  disruption  of  opposition  and  civic  education 
meetings  declined  in  September,  then  halted  altogether  oy  mid-October. 

Discrimination  against  women  and  violence  against  women  and  children  remained 
serious  problems.  Animosity  against  and  among  various  ethnic  groups  continued, 
and  there  were  a  series  of  incidents  involving  ethnic  violence  on  the  coast  in  August 
and  early  September,  causing  at  least  100  deaths.  Mob  violence  also  resulted  in 
many  deaths.  After  IV2  years  in  operation,  the  Government's  standing  committee 
on  human  rights  has  yet  to  make  public  any  of  its  reports  or  make  a  visible  impact 
on  the  human  rights  situation.  The  Government  arrested  and  prosecuted  a  number 
of  police  officers  for  abuses.  It  also  directed  police  not  to  harass  journalists  or  carry 
guns  when  covering  public  meetings.  In  February  the  Government  acceded  to  the 
United  Nations  Convention  Against  Torture  and  directed  police  not  to  torture  or 
beat  detainees,  albeit  with  limited  results. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Prior  to  September,  security  forces 
continued  to  use  lethal  force  frequently  and  committed  extrajudicial  killings.  Accord- 
ing to  government  figures,  police  killed  94  suspected  criminals  in  1997.  The  non- 
governmental Kenyan  Human  Rights  Commission  (KHRC)  reported  that  police 
killed  123  people  in  the  period  from  January  through  September,  including  at  least 
12  by  torture.  Human  rights  groups  criticized  police  "recklessness"  and  eagerness 
to  open  fire,  as  well  as  the  Government's  failure  to  take  appropriate  action  against 
most  policemen  responsible  for  killings.  Hundreds  of  prisoners  died  in  custocfy  due 
to  life  threatening  prison  conditions,  including  inadequate  food  and  medical  treat- 
ment (see  Section  I.e.). 

In  February  Administration  Police  in  Migori  shot  and  killed  Frederick  Adhiambo. 
The  police  report  stated  that  the  police  opened  fire  when  Adhiambo  charged  them 
with  a  knife,  a  claim  contradicted  by  the  local  KHRC  monitor  who  reported  that 
Adhiambo  was  shot  in  the  head  inside  his  house.  In  March  Nairobi  police  shot  and 
killed  Anthony  Chege  Muthoni,  a  student  scheduled  to  enter  the  University  of 
Nairobi. 

The  same  month  University  of  Nairobi  student  leader  Solomon  Muruli  died  in  a 
mysterious  fire  in  his  dormitory  room.  A  week  before  his  death,  Muruli  positively 
identified  a  senior  police  officer  as  one  of  the  men  who  abducted  and  tortured  him 
in  November  1996.  Shortly  before  his  death,  he  received  a  letter  threatening  his  life 


160 

if  he  proceeded  to  identify  police  officers  in  connection  with  his  abduction.  The  pub- 
lic inc[uest  into  Muruli's  death  is  continuing. 

While  the  majority  of  the  police  killings  occurred  during  the  pursuit  of  criminal 
suspects,  a  number  involved  innocent  bystanders.  In  January  Brother  Lany 
Timmons,  a  Catholic  monk,  was  shot  and  killed  by  two  Administration  Police  ofii- 
cers  responding  to  an  alleged  robbery  in  Njoro  near  Nakuru.  Police  initially  de- 
scribed the  incident  as  an  accident,  but  church  officials  termed  the  incident  "sus- 
picious," noting  that  Timmons  had  recently  confronted  local  government  officials 
over  corruption. 

There  are  indications  that  some  of  the  people  who  died  in  police  custody  were  vic- 
tims of  torture.  These  included  Moses  Macharia  Gicheru  in  Pangani,  Ali  Hussein 
Ali  in  Wajir,  and  Lomurodo  Amodoi  in  Lokichoggio  (see  Section  I.e.).  According  to 
credible  accounts,  the  notorious  Makuyu  "flying  squad"  police  unit  tortured  a  num- 
ber of  detainees,  several  of  whom  died,  inclucfing  Josepn  Mwangi  Muiruri,  Irungu 
Kimani,  Noah  Njuguna  Ndung'u,  Joseph  Ndungu  Njoroge,  James  Gitau  Kuanju, 
and  Julius  Mwangi  Njoroge.  There  were  also  credible  reports  that  security  forces 
beat  and  brutalized  citizens  in  the  Likoni  and  Kwale  areas  of  the  coast,  in  connec- 
tion with  searches  for  the  raiders  who  perpetrated  ethnic  attacks  in  August  and 
September.  Reportedly,  several  of  these  victims  were  beaten  to  death  (see  Section 

I.C.). 

Police  investigated  some  extrajudicial  killings  by  security  forces,  and  several  po- 
lice officers  faced  prosecution.  According  to  the  Attorney  General's  office,  at  least  15 
police  officers  were  charged  with  brutality,  excessive  force,  and  wrongful  killing  in 
1997.  In  the  course  of  the  year,  a  police  officer  was  charged  with  murder  in  the 
death  of  Anthony  Chege  Muthoni,  and  police  constable  Francis  Kimanzi  Mabaya 
was  charged  with  the  murder  of  Brother  Timmons.  The  Government  charged  11  po- 
lice officers  with  murder  in  the  December  1996  death  of  2  Kenyatta  University  stu- 
dents, and  3  police  officers  and  1  army  corporal  with  murder  in  the  June  death  of 
Ali  Hussein  Ali.  After  the  latter  four  men  were  discharged  by  the  court  in  October, 
the  Government  opened  an  inquest  file  and  the  first  public  inquest  is  scheduled  for 
February  1998.  The  inauest  into  the  July  1995  death  from  torture  of  Rosemary 
Nyambura  finished,  ana  the  magistrate  recommended  that  the  police  officers  re- 
sponsible be  arrested  and  charged  with  murder.  The  Government  also  launched  in- 
quests into  the  following  deaths  in  police  custody:  Moses  Macharia  Gicheru  in 
Pangani,  John  Kibuki  Kanini  in  Lari,  and  Lomurodo  Amodoi  in  Lokichoggio.  In  re- 
sponse to  a  KHRC  queiy,  the  Government  launched  an  inquest  into  the  November 
1996  death  of  Francis  Nlunahi  from  torture  while  in  police  custody  in  Nyang'ori.  In- 
quests into  the  1996  police  killing  of  Egerton  University  student  Festo  Etaba 
(Jkonya  and  the  1996  death  in  poHce  custody  of  Amodoi  Achakar  Anamilem  are  con- 
tinuing, and  an  inquest  into  the  1996  death  in  police  custody  of  Francis  Munahi  is 
schedmed  to  open  January  1998. 

There  have,  however,  been  no  effective  police  investigations  into  many  cases  of 
extrajudicial  killing.  There  have,  for  example,  been  no  investigations  of  the  deaths 
in  police  custody  of  Joseph  Mwangi  Muiruri,  Irungu  Kimani,  Noah  Njuguna,  and 
Julius  Mwangi  Njoroge.  Police  made  no  arrests  in  connection  with  the  deaths  of  14 
civilians  during  proreform  rallies  on  July  7  ("Saba  Saba")  in  several  cities.  A  num- 
ber of  these  individuals  are  known  to  have  died  at  the  hands  of  police.  The  (jovem- 
ment  announced  public  inquests  into  the  fatal  shootings  of  Paul  Niore  Macharia  and 
student  David  Kanuni  Mutugi  in  Thika,  and  four  people  in  Nyanururu  on  July  7. 
According  to  an  eyewitness,  a  police  woman  shot  Mutugi  at  point  blank  range  as 
he  knelt  pleading  before  her.  The  authorities  usually  explain  that  the  lack  of  inves- 
tigation of  extrajudicial  killings  is  because  no  official  complaint  has  been  filed.  But 
the  form  required  for  filing  complaints  is  available  only  at  police  stations,  which  are 
often  "out"  of  the  forms  or  not  forthcoming  in  providing  them.  There  is  also  consid- 
erable skepticism  of  a  process  that  assigns  the  investigation  of  police  abuse  to  the 
police  itself 

Prior  to  September,  KANU  youthwingers  perpetrated  a  number  of  violent  attacks, 
some  involving  fatalities.  Human  rights  activists  charge  that  the  youthwingers  were 
operating  with  tacit  or  explicit  police  approval,  and  several  cases  lend  credence  to 
this  charge.  All  but  one  of  the  KANU  youthwingers  who  beat  Evans  Baraza  Obango 
to  death  in  a  Nairobi  slum  in  March  were  released  by  the  police;  an  investigation 
into  the  incident  was  completed  and  the  file  was  forwarded  to  the  Attorney  General 
for  action.  Prior  to  the  IPPG  initiative.  President  Moi  and  other  KANU  leaders 
called  upon  KANU  youthwingers  on  a  number  of  occasions  to  help  the  police  put 
down  proreform  rallies  or  threatened  that  the  youthwingers  would  prevent  rallies. 
There  were  also  cases,  however,  in  which  the  police  intervened  to  protect  opposition 
and  nongovernmental  organization  (NGO)  leaders  from  attacks  by  KANU 
youthwingers,  particularly  in  the  last  4  months  of  the  year. 


161 

There  was  a  major  outbreak  of  ethnic-targeted  violence  along  the  coast  in  August 
and  early  September,  resulting  in  at  least  100  deaths  and  thousands  of  people  flee- 
ing to  safe  havens  in  Mombasa  or  inland.  Most  of  the  victims  were  immigrants  from 
upxjountry  Kenya  who  had  settled  along  the  coast,  and  the  attacks  reflected  indige- 
nous ethnic  animosity  and  economic  discontent  toward  the  upcountry  settlers.  How- 
ever, there  were  indications  that  the  violence  had  political  roots,  with  local  KANU 
political  leaders  reportedly  involved  in  the  planning.  The  efforts  of  security  forces 
to  contain  the  violence  were  slow  and  piecemeal,  allowing  the  violence  and  the  exo- 
dus of  refugees  to  continue  for  many  weeks. 

Deadly  attacks  and  revenge  counterattacks  occurred  frequently  between  Pokots 
and  Marakwets,  Turkanas  and  Samburus,  and  Maasais  and  Kisiis.  There  were  also 
incidents  of  ethnic-targeted  violence  and  killing  in  Isiolo,  Meru/Nyambene,  Garissa, 
and  Kilgoris.  In  early  1997,  the  KHRC  published  a  special  report,  "The  Forgotten 
People,  which  detailed  a  series  of  raids  from  Ethiopia  into  Kenya  involving  pillage, 
rape,  and  torture  at  the  hands  of  tribal  bandits  and  Ethiopian  army  troops  who  en- 
tered Kenya  searching  for  fleeing  Ethiopian  rebels. 

Mob  violence  increased  during  the  year.  Human  rights  observers  attribute  this  to 
lack  of  confidence  in  the  police  and  the  judicial  process.  The  KHRC  documented  99 
deaths  by  mob  violence  in  the  period  from  January  through  September,  compared 
with  95  deaths  by  mob  violence  in  the  whole  of  1996.  "Mob  justice"  most  often  is 
inflicted  on  individuals  suspected  of  criminal  activities.  Occasionally  strangers  or  so- 
cial misfits  were  targets.  The  Government  condemned  the  practice  of  mob  justice 
and  arrested  and  charged  358  people  in  court  with  participating  in  incidents  of  mob 
violence. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  states  that  "no  one  shall  be  subject  to  torture  or  degrading  punish- 
ment or  other  treatment."  However,  security  forces  continued  to  use  torture  as  a 
method  of  interrogation  and  to  punish  both  pretrial  detainees  and  convicted  pris- 
oners. On  February  11,  the  Government  acceded  to  the  U.N.  Convention  Against 
Torture,  although  it  denied  that  torture  was  a  problem  in  Kenya,  apart  from  iso- 
lated instances.  Several  days  later.  Commissioner  of  Police  Duncan  Wachira  di- 
rected police  not  to  beat  suspects  during  interrogation.  Despite  the  Commissioner's 
directive,  however,  the  use  of  physical  violence  by  the  security  forces  and  credible 
reports  of  police  abuse  and  torture  continued.  The  KHRC  reported  at  least  55  cases 
of  torture  by  police  in  the  first  9  months  of  1997.  In  12  instances,  police  torture  re- 
sulted in  deatn  (see  Section  l.a.). 

In  January  police  tortured  Yusuf  Haji,  who  reported  that  four  policemen  whipped 
him  in  the  Kibera  section  of  Nairobi  in  the  presence  of  the  Provincial  Commissioner. 
In  February,  15  people  charged  with  robbery  in  Kibera  told  the  court  that  they  had 
been  tortured  in  police  custody.  In  March  eight  people  charged  with  theft  in  Nairobi 
told  the  court  that  they  had  been  tortured  by  police.  Mandera  primary  school  teach- 
er Mohammed  Abdi  Aden  reported  that  he  had  been  tortured  by  police  for  failing 
to  produce  a  national  identification  card  on  demand.  A  number  of  the  approximately 
200  people  arrested  in  connection  with  an  August  8  proreform  rally  that  turned  vio- 
lent, resulting  in  four  deaths,  reported  that  tney  were  subjected  to  torture,  starva- 
tion, and  inadequate  medical  attention  in  Kamiti  maximum  security  prison  in 
Nairobi.  Other  reported  cases  of  police  torture  included  Charles  Ritho  Gicheru  in 
Nyeri  in  August,  a  17-year-old  student  named  Mugeti  in  Kisii  in  August,  and  James 
Kobi  Masagala  in  Thika  in  September.  There  were  credible  reports  that  police  tor- 
tured several  people  arrested  in  connection  with  the  outbreak  of  ethnic  violence  on 
the  coast  during  the  summer.  Police  also  reportedly  abuse  street  children  (see  Sec- 
tion 5). 

Security  forces  used  excessive  force  to  break  up  several  proconstitutional  reform 
rallies  in  Nairobi  from  May  to  August.  They  fired  tear  gas  into  crowds  and  beat  par- 
ticipants and  bystanders  at  random.  Police  also  beat  journalists  (see  Sections  l.d. 
and  2.a.).  Police  deployed  in  the  Likoni  and  Kwale  areas  of  Coast  province  to  stem 
ethnic  violence  there  engaged  in  random  beatings  of  local  people,  causing  several 
deaths.  There  are  credible  reports  that  the  police  also  committed  several  rapes  (see 
Section  l.d.). 

During  the  year  the  Government  investigated  some  allegations  of  police  torture 
and  prosecuted  some  members  of  the  police.  Three  police  constables  were  sentenced 
to  10  years  in  prison  for  torturing  prisoner  Charles  Ireri  in  Embu  in  1994;  two  po- 
licemen were  arrested  and  charged  in  the  January  1994  detention  and  torture  of 
Truphena  Obwaka  Shirako  in  Langas  in  Uasin  Gishu  District,  but  no  verdict  has 
been  reached  yet.  Human  rights  activist  Josephine  Nyawira  Ngengi  has  filed  suit 
against  the  Government  claiming  damages  for  illegal  confinement,  torture,  and  har- 
assment by  Nakuru  police  in  1994.  In  November  Police  Commissioner  Wachira  dis- 


162 

^anded  the  notorious  Makuyu  "flying  squad"  police  unit  (see  Section  l.a.)  that  re- 
portedly frequently  beat  ana  tortured  detainees,  often  demanding  bribes.  (At  year's 
end,  however,  area  Members  of  Parliament  stated  that  only  two  police  officers  had 
been  transferred,  whUe  the  other  28  continued  working  m  Makuyu.)  There  has, 
however,  been  no  official  investigation  into  the  reported  torture  of  Jane  Wambui  and 
Virginia  Nyambura  Wambui  in  Kikuyu  Town  in  December  1995,  although  the  two 
women  had  the  charge  of  robbery  against  them  dismissed  on  the  grounds  they  had 
been  tortured. 

FVison  conditions  are  often  life  threatening,  due  both  to  a  lack  of  resources  and 
to  the  Government's  unwillingness  to  address  deficiencies  in  the  penal  system.  Pris- 
oners are  subjected  to  severe  overcrowding,  inadequate  water,  poor  diet,  sub- 
standard bedding,  and  deficient  health  care.  According  to  the  Government,  631  pris- 
oners died  in  iaiis  during  the  year,  due  chiefly  to  anemia,  heart  attack,  malaria,  ty- 
phoid fever,  dysentery,  tuberculosis,  and  AIDS.  The  country's  78  prisons  are  se- 
verely overcrowded,  averaging  30  percent  above  holding  capacity  witn  a  daily  aver- 
age of  34,775  inmates  in  1996.  Some  facilities,  such  as  the  Nairobi  Remand  Prison, 
are  overcrowded  by  several  hundred  percent.  In  late  1996,  the  Government  released 
over  4,000  prisoners  imprisoned  on  lesser  charges  to  alleviate  prison  overcrowding. 

Rape  of  both  male  ana  female  inmates  is  a  serious  problem,  as  is  the  growing  inci- 
dence of  AIDS.  Disease  is  widespread  in  prisons  and  the  death  rate  is  high.  Prisons 
do  not  have  resident  doctors,  and  only  one  prison  had  a  doctor  permanently  as- 
signed. In  January  prisoners  held  in  Kamiti  Maximum  Prison  refused  to  appear  in 
court  because  they  had  been  barred  from  seeing  their  attorneys  and  were  being  de- 
nied food  and  medicine.  Prisoners  are  sometimes  kept  in  solitary  confinement  far 
longer  than  the  maximum  90  days  allowed  by  law.  Piisoners  and  detainees  report 
that  they  are  frequently  denied  tne  right  to  contact  their  relatives  or  lawyers.  Pris- 
oners are  subjected  to  torture  and  inhuman  treatment  by  police. 

Officially,  men,  women,  and  children  are  kept  in  separate  cells.  However,  there 
are  reports  of  men  and  women  being  placed  in  cells  together,  and  youths  (as  young 
as  early  teenagers)  are  frequently  kept  in  cells  with  adults  in  overcrowded  prisons 
and  remand  centers. 

The  Government  does  not  permit  independent  monitoring  of  prison  conditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Despite  constitutional  protections,  police 
continued  to  arbitrarily  arrest  and  detain  citizens.  The  Constitution  provides  that 
persons  arrested  or  detained  shall  be  brought  before  a  court  within  24  hours  in  non- 
capital offenses  and  14  days  in  capital  cases.  A  1993  amendment  to  the  Penal  Code 
excludes  weekends  and  holidays  from  this  14-day  period.  The  law  does  not  stipulate 
the  period  within  which  the  trial  of  a  charged  suspect  must  begin.  Suspects  are 
oft^n  held  for  weeks,  even  months,  before  bemg  brought  to  court.  The  Government 
has  acknowledged  cases  in  which  persons  have  been  held  in  pretrial  detention  for 
several  years.  Persons  arrested  and  charged  are  statutorily  allowed  access  to  their 
families  and  attorney,  however,  this  right  is  often  not  honored.  Prisoners  may  be 
visited  by  family  members  and  attorneys  only  at  the  discretion  of  the  State.  This 
privilege  is  often  denied.  For  those  who  have  been  charged,  it  is  often  possible  to 
be  released  on  bail  with  a  bond  or  guarantees  of  return. 

The  parliamentary  reforms  passed  in  November  repealed  the  detention  without 
trial  provisions  of  the  Preservation  of  Public  Security  Act  (PSA),  the  provision  under 
which  particularly  troublesome  political  activists  had  been  imprisoned  in  years  past. 
The  reforms  also  greatly  reduced  the  powers  of  local  oflicials  called  chiefs  under  the 
Chiefs'  Act  (formerly  Chiefs'  Authority  Act).  The  authority  of  chiefs  to  restrict  move- 
ment of  people  was  repealed  and,  while  they  still  have  the  power  to  detain  people, 
they  must  take  them  immediately  "to  the  nearest  police  station."  The  reforms  also 
repealed  the  Vagrancy  and  Outlying  Districts  Acts,  whose  broad  discretionary  pow- 
ers had  been  used  to  detain  people  or  restrict  movement. 

The  Task  Force  on  the  Reform  of  Penal  Laws  and  Procedures,  created  by  the  At- 
torney General  in  1993,  submitted  its  final  report  to  the  Attorney  General  in  De- 
cember. The  report  recommended  seven  new  bills  to  reform  the  criminal  justice  sys- 
tem. 

Through  the  first  8  months  of  the  year,  security  forces  continued  to  harass,  follow, 
inconvenience,  and  occasionally  briefly  detain  opposition  Members  of  Parliament 
(M.P.'s),  NGO  officials,  clergy,  journalists,  and  other  government  critics.  The  detain- 
ees were  usually  held  for  several  hours  then  released  without  charge.  In  a  few  cases, 
they  were  held  for  weeks  or  months.  One  KANU  dissident  experienced  an  escalating 
pattern  of  harassment,  which  began  when  his  business  was  "staked  out"  by  police 
officers,  and  there  was  minor  vandalism  to  his  property.  This  escalated  to  attacks 
on  patrons  of  his  hotel,  and  death  threats  against  his  family,  and  culminated  with 
the  resurrection  of  a  1994  criminal  case  against  him.  The  charges  were  dropped 
when  he  withdrew  his  dissident  candidacy.  He  then  encountered  further  threats  and 


163 

intimidation  when  he  ran  opposite  President  Moi  in  the  December  1997  parliamen- 
tary race. 

Harassment  of  political  and  human  rights  activists  in  the  first  8  months  of  1997 
functioned  to  criminalize  opposition  political  positions  and  human  rights  advocacy 
(see  Section  4).  In  February  police  charged  into  and  clubbed  Safina  activists,  jour- 
nalists, and  members  of  the  Release  Political  Prisoners  (RPP)  pressure  group  in  a 
maricet  town  near  Nyeri.  In  April  Kitui  police  surrounded  the  home  of  opposition 

g residential  candidate  Charity  Ngilu  and  kept  her  blockaded  inside  overnight  (see 
ection  2.b.).  Following  the  outbreak  of  ethnic  violence  on  the  coast  in  August,  police 
arrested  KHRC  investigator  Alamin  Mazrui,  Saiina  founder  Khelef  A.  KnaUfa,  and 
National  Democratic  Union  leader  Ali  S.  Chizondo,  releasing  them  on  bond  several 
days  later.  Harassment  of  opposition  and  human  rights  activists,  however,  dimin- 
ished greatly  with  passage  of  the  IPPG-brokered  reforms. 

The  KHRC  charged  police  and  security  forces  with  abetting  disorder  in  the  far 
north  districts  of  Marsabit  and  Moyale.  Police  arbitrarily  arrested  and  tortured  citi- 
zens, especially  members  of  the  Borana  tribe,  in  the  course  of  their  efforts  to  repress 
banditiy  in  the  border  region  over  the  past  several  years. 

The  Government  does  not  use  formal  exile  as  a  means  of  political  control.  It  did, 
however,  prevent  Sheik  Khalid  Balala,  a  self-styled  leader  of  the  unregistered  Is- 
lamic Party  of  Kenya  (IPK),  from  returning  to  Kenya  in  1994,  and  then  effectively 
kept  him  in  exile  in  CJermany  for  3  years.  In  July  the  Government  allowed  Balala 
to  return  to  Kenya. 

e.  Denial  of  Fair  Public  Trial. — ^Although  the  Constitution  provides  for  an  inde- 
pendent judiciary,  it  is  subject  to  executive  branch  influence  in  practice.  The  Presi- 
dent has  extensive  powers  over  appointments,  including  those  of  Chief  Justice,  At- 
torney General,  and  Appeal  and  High  Court  judges.  The  fVesident  can  also  dismiss 
judges  and  the  Attorney  (General  upon  the  recommendation  of  a  special  presi- 
dentially  appointed  tribunal.  Judges  do  not  have  life  tenure  and  serve  on  a  contract 
basis. 

The  court  system  consists  of  a  Court  of  Appeals,  a  High  Court,  and  2  levels  of 
magistrates'  courts,  where  most  criminal  and  civil  cases  originate.  The  Chief  Justice 
is  a  member  of  both  the  Court  of  Appeals  and  the  High  Court,  which  undercuts  the 

Erinciple  of  judicial  review.  President  Moi's  appointment  of  Zacchaeus  Chesoni  in 
•ecember  as  Kenya's  Chief  Justice  raised  widespread  protest  among  legal  experts, 
who  argued  that  the  lack  of  independence  Chesoni  displayed  as  Chairman  of  the 
Kenya  Electoral  Commission  did  not  augur  well  for  the  prospects  of  judicial  inde- 
pendence. 

Statements  by  President  Moi  on  matters  before  the  courts  are  a  major  problem 
plaguing  the  judicial  system.  They  are  often  tantamount  to  interference  with  the 
independence  of  the  judiciary.  For  example,  in  1997  President  Moi  directed  the 
courts  not  to  "interfere"  in  internal  KANU  party  matters.  Another  problem  is  the 
power  that  the  Constitution  gives  the  Attorney  CJreneral  to  discontinue  proceedings 
in  private  prosecution  cases.  Attorney  (jeneral  Amos  Wako  has  argued  tnat  citizens 
must  first  notify  his  ofiice  before  initiating  private  prosecution.  He  has  used  this  au- 
thority on  a  number  of  occasions  to  terminate  cases  against  government  officials. 

On  several  occasions,  judges  spoke  out  and  sought  to  assert  judicial  independence. 
In  March  the  Chairman  of  the  Kenya  Magistrates'  and  Judges'  Association  publicly 
criticized  government  interference  in  the  judiciary  and  restrictions  imposed  on  the 
freedom  oi  association  of  magistrates  and  judges.  A  Nairobi  judge  overruled  Presi- 
dent Moi's  February  directive  to  the  courts  not  to  entertain  disputes  arising  within 
political  parties.  These  two  justices  have  not  been  transferred  or  otherwise  nega- 
tively affected  by  their  public  statements.  In  the  past,  judges  who  made  public  criti- 
cisms or  issued  rulings  against  the  (Jovernment  have  been  punished  with  transfer 
to  isolated  places  or  nonrenewal  of  their  contracts. 

Customary  law  is  used  as  a  guide  in  civil  matters  affecting  persons  of  the  same 
ethnic  group  so  long  as  it  does  not  conflict  with  statutory  law.  Civilians  are  tried 
pubhcly  although  some  testimony  may  be  given  in  closed  session.  Judges  hear  all 
cases;  there  is  no  jury  system.  There  is  a  presumption  of  innocence,  and  defendants 
have  the  right  to  attend  their  trial,  to  confront  witnesses,  and  to  present  witnesses 
and  evidence.  Civilians  can  also  appeal  a  verdict  to  the  High  Court  and  ultimately 
to  the  Court  of  Appeals.  Military  personnel  are  tried  by  military  courts-martial,  and 
verdicts  may  be  appealed  through  military  court  channels.  The  Chief  Justice  ap- 
points attorneys  for  military  personnel  on  a  case-by-case  basis. 

Defendants  do  not  have  the  right  to  government-provided  legal  counsel,  except  in 
capital  cases.  For  lesser  charges,  free  legal  aid  is  not  usually  available  outside 
Nairobi.  As  a  result,  poor  people  without  an  attorney  may  be  convicted  for  lack  of 
an  articulate  defense.  Althougn  defendants  have  access  to  an  attorney  in  advance 
of  trial,  defense  lawyers  do  not  always  have  access  to  government-held  evidence. 


164 

since  the  Government  can  plead  the  state  security  secrets  clause  as  a  basis  for  with- 
holding evidence.  The  Government  raised  court  fees  for  filing  and  hearing  cases  by 
several  hundred  percent  in  1995.  The  daily  rate  for  arguing  a  case  before  a  judge, 
for  example,  rose  from  $10  to  $50;  out  of  reach  for  most  citizens. 

Critics  of  the  Government — politicians,  journalists,  lawyers,  students — have  been 
harassed  through  abuse  of  the  legal  process.  In  a  study  of  the  judiciary  published 
in  early  1997,  the  International  Bar  Association  concluded  that  there  has  been  "a 
persistent  and  deliberate  misuse  of  the  legal  system  for  the  purpose  of  harassing 
opponents  and  critics  of  the  Government."  Many  opposition  M.P.'s,  student  leaders, 
and  human  rights  activists  have  one  or  more  court  cases  hanging  over  their  heads, 
often  for  months  or  even  years. 

The  Government  did  not  hold  any  political  prisoners  at  year's  end.  In  January  the 
Government  released  on  bail  the  last  two  of  the  three  prisoners  in  the  well  known 
human  rights  case  of  Koigi  Wa  Wamwere.  Koigi  and  his  two  associates  had  been 
denied  a  lair  judicial  process  in  their  1993  conviction  on  apparently  politically  moti- 
vated charges  of  armed  robbery.  In  October  the  KHRC  and  the  Release  Political 
Prisoners  organization  presented  the  Attorney  General  with  a  list  of  774  persons 
they  claimed  were  political  prisoners,  either  imprisoned  or  out  on  bail  pending  trial 
on  sedition  or  related  political  cases.  Among  these  were  James  Apiny  Adhiambo, 
convicted  of  participation  in  a  1982  failed  coup  attempt,  and  the  "Koigi  Three"  de- 
fendants. In  December  the  Grovernment  released  Apiny  and  dropped  all  charges 
against  the  Koigi  Three. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — Al- 
though the  Constitution  provides  that  '  no  person  shall  be  subjected  to  the  search 
of  his  person  or  his  property  or  the  entry  by  others  on  his  premises,"  it  p>ermits 
searches  without  warrants  "to  promote  the  public  benefit."  The  Police  Act  permits 
police  to  enter  a  home  forcibly  ii  the  time  required  to  obtain  a  search  warrant  would 
prejudice"  their  investigation.  Although  security  officers  generally  obtain  search 
warrants,  they  occasionally  conduct  searches  without  warrants  to  apprehend  sus- 
pected criminals  or  to  seize  property  believed  to  be  stolen. 

Prior  to  September,  security  forces  closely  monitored  the  activities  of  dissidents. 
They  followed  and  otherwise  harassed  a  number  of  them.  Security  forces  employ 
various  means  of  surveillance,  including  a  network  of  informants  to  monitor  the  ac- 
tivities of  opposition  politicians  and  human  rights  advocates.  Opposition  leaders, 
students,  and  others  report  that  the  Government  targets  them  with  surveillance, 
telephone  wiretaps,  and  interference  with  written  correspondence.  One  leader  of  the 
constitutional  reform  movement,  for  example,  frequently  changed  his  place  of  resi- 
dence to  avoid  surveillance.  In  March  seven  leaders  from  various  universities  in- 
formed the  press  that  they  were  being  stalked  and  threatened  by  government  secu- 
rity forces. 

Although  citizens  are  free  to  choose  their  political  affiliations,  the  Government 
discourages  civil  servants  from  membership  in  opposition  parties. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^Although  the  Constitution  provides  for  freedom 
of  speech  and  of  the  press,  the  Government  has  interpreted  broadly  several  existing 
colonial-era  laws  to  limit  free  expression  (see  Section  l.d.).  It  has  used  these  laws 
to  disperse  opposition  rallies  and  to  prevent  speakers  from  criticizing  the  Govern- 
ment. Some  mdependent  periodicals  report  that  the  business  community  is  under 
pressure  from  the  Government  to  refrain  from  advertising  in  their  magazines,  push- 
ing some  to  the  edge  of  insolvency.  The  court  conviction  in  June  of  the  independent 
weekly.  The  People,  for  defaming  an  adviser  to  the  President,  and  the  accompanying 
award  of  a  record  $180,000  (10  million  shillings)  in  damages,  sent  fear  through  the 
independent  press.  A  High  Court  judge,  however,  set  aside  the  award  in  November, 
requiring  the  publication  to  pay  only  court  costs.  In  September  Nakuru  police  de- 
tained Joseph  Kaiuki,  editor  of  the  Rifl  Valley  Times,  and  held  him  incommunicado 
for  4  days  because  of  a  report  in  his  paper  critical  of  the  same  presidential  advisor. 

In  spite  of  these  pressures,  the  press,  civic  organizations,  ana  the  opposition  con- 
tinued to  present  their  views  to  the  public,  particularly  in  the  print  media.  However, 
government  pressure  leads  journalists  to  practice  some  self-censorship. 

On  the  whole,  however,  the  print  media  remained  candid  and  independent,  de- 
spite continued  government  pressure  and  harassment.  Weekly  newspapers  and  mag- 
azines, many  openly  critical  of  the  Government,  have  substantial  audiences.  The 
[»rint  media  include  three  daily  newspapers  that  report  on  national  politics.  The 
argest  newspaper.  The  Nation,  is  independent  and  publishes  articles  critical  of  gov- 
ernment policies.  The  second  largest  newspaper.  East  African  Standard,  is  con- 
trolled by  an  investment  group  with  close  ties  to  the  Government  and  the  ruling 
KANU  party.  Despite  the  new  management's  pledge  to  maintain  the  newspaper's 


165 

independent  editorial  policy,  it  has  evolved  into  a  tabloid  that  is  less  critical  of  the 
Government.  The  third  daily  newspaper,  Kenya  Times,  reflects  KANU  party  views. 

According  to  members  of  the  inciependent  press,  relations  between  the  press  and 
the  Government  have  greatly  improved  in  recent  years.  Even  when  government  offi- 
cials have  requested  the  independent  press  to  suppress  damaging  articles,  the  final 
decision  has  been  left  to  the  editors.  While  the  traditional  taboos  surrounding  the 
President  and,  to  a  lesser  extent,  his  family  remain  in  effect,  political  cartoons  pic- 
turing President  Moi,  often  in  a  negative  light,  appear  frequently  in  the  independ!ent 
press.  Nevertheless,  newspaper  and  magazine  editors  continued  to  be  subjected  to 
varying  degrees  of  government  pressure  to  censor  themselves,  particularly  regarding 
President  Moi's  family  and  corruption  involving  his  advisers. 

There  were  a  number  of  instances  of  overt  Harassment  and  occasional  detention 
of  journalists  in  the  first  8  months  of  the  year,  which  dropped  off  dramatically  in 
the  last  4  months.  In  January  police  disrupted  what  they  called  an  "illegal"  press 
conference  called  by  Democratic  Party  leaders  to  protest  denial  of  campaign  meeting 
licenses.  In  February  police  seized  Nation  photographer  Susan  Musote  as  she  was 
photographing  delays  and  extortion  in  the  issuing  of  new  identity  cards  and  held 
her  for  2  hours  before  releasing  her.  The  same  month,  police  beat  up  two  Daily  Na- 
tion reporters  in  Mathara,  a  suburb  of  Nairobi,  for  photographing  identity  card  reg- 
istration. In  March  Police  Commissioner  Wachira  directed  police  not  to  harass  jour- 
nalists. There  were,  nevertheless,  further  incidents  of  police  harassment  of  journal- 
ists. GSU  troops  beat  two  journalists  covering  the  ethnic  violence  in  Likoni  in  Au- 
gust. The  September-October  parliamentary  reform  dialog  and  legislation  noticeably 
improved  the  behavior  of  security  forces  toward  journalists. 

The  Government  maintains  a  near  monopoly  over  the  electronic  broadcast  media 
through  tight  control  of  broadcasting — particularly  radio,  the  principal  news  me- 
dium for  most  Kenyans.  It  controls  the  Kenya  Broadcasting  Corporation  (KBC), 
which  operates  the  country's  premier  radio,  broadcast  television,  and  cable  tele- 
vision networks.  KBC  stations  do  not  criticize  the  Government  and  give  a  large 
share  of  news  time  to  government  or  KANU  party  functions  and  scant  coverage  to 
opposition  activities.  KANU  supporters  also  own  two  other  television  networks — 
Kenya  Television  Network  (KTN),  which  airs  news  programs  with  somewhat  more 
balanced  political  coverage,  and  Stellavision  (STV).  KTN  which  provided  the  only  ef- 
fort at  balanced  television  news  coverage,  is  limited  to  the  Nairobi  metropolitan 
area.  But  even  this  limited  openness  is  now  threatened  by  the  purchase  of  KTN  late 
in  the  year  by  the  Standard  Newspapier  Group,  which  is  sympathetic  to  the  Govern- 
ment. 

The  Government,  moreover,  continued  to  delay  action  on  numerous  radio  and  tele- 
vision license  applications.  The  Ministry  of  Information  explains  that  it  is  waiting 
for  the  recommendations  on  media  liberalization  from  the  Attorney  General's  task 
force  on  press  law.  That  task  force  is  now  into  its  fourth  year  with  no  sign  of  any 
recommendations.  There  was  some  movement  on  radio  licensing  during  the  year. 
The  Government  granted  broadcast  licenses  to  Royal  Media  Services  (owned  by  a 
leading  KANU  supporter),  the  British  Broadcasting  Corporation  (BBC),  Universal 
Entertainment,  and  Kitcom  Africa.  However,  it  ignored  more  than  50  outstanding 
radio  and  television  applications,  many  of  long  standing.  The  Nation  Newspaper 
Group,  the  most  respected  media  organization  in  Kenya,  has  been  waiting  almost 
6  years  for  a  license  to  go  into  the  broadcast  media,  highlighting  the  arbitrariness 
of  the  broadcast  licensing  process. 

The  government  monopoly  of  the  broadcast  media  fosters  unbalanced  and  unfair 
reporting.  This  monopoly  severely  limited  the  opposition's  ability  to  communicate 
with  the  electorate,  since  the  KBC  is  the  only  source  of  current  information  for  most 
Kenyans  outside  the  Nairobi  area.  An  indicator  of  the  Government's  tight  control 
over  the  broadcast  media  was  the  suspension  of  two  KTN  news  editors  for  over  2 
months  for  showing  footage  of  police  beating  people  in  their  homes  and  in  a  church 
during  the  July  7  proreform  rally.  In  September  the  two  men  were  reinstated,  but 
in  different  positions. 

The  parliamentary  reforms  passed  in  early  November  somewhat  improved  the 
outlook  for  freedom  of  speech  and  the  press.  In  November,  the  chairman  of  the  Elec- 
toral Commission  directed  the  KBC  to  accord  equal  treatment  to  all  political  parties 
and  to  provide  all  registered  parties  participating  in  the  campaign  25  minutes  of 
free  raoio  and  television  broadcast  time.  Althougn  the  KBC  slightly  increased  its 
coverage  of  the  opposition  during  the  election  campaign,  access  by  political  parties 
to  KBC  remainea  neavily  biased  in  favor  of  KANU  and  President  Moi.  Moreover, 
the  KBC  coverage  of  the  opposition  was  generally  negative,  whereas  it  was  uni- 
formly positive  towards  KANU. 

Representatives  of  the  international  media  are  generally  free  to  operate.  The  Gov- 
ernment complains  that  its  hospitality  to  foreign  correspxindents  indirectly  worsens 


166 

Kenya's  national  image  because  foreign  journalists  write  so  many  negative  articles 
about  other  countries  that  bear  a  Nairobi  dateline.  However,  in  September  Presi- 
dent Moi  met  informally  with  the  local  and  international  press  for  the  first  time  in 
memory  in  an  effort  to  improve  relations. 

The  Government  continued  its  ban  on  30  books  and  publications  on  grounds  of 
sedition  or  immorality.  These  included  "Development  Agenda,"  Kenneth  Matiba's 
"Return  to  Reason,"  "The  Quotations  of  Chairman  Mao  Tse  Tung,"  and  Salmon 
Rushdie's  "Satanic  Verses,"  and  the  Catholic  periodical,  Inooro.  However,  the  par- 
liamentary reforms  eliminated  sedition  as  a  ground  for  censorship  of  publications, 
and  they  called  for  the  creation  of  a  board  to  review  the  decision  to  prohibit  these 
publications  and  to  review  any  future  ban  on  publications. 

Despite  constitutional  provisions  for  free  speech,  academic  freedom  is  cir- 
cumscribed by  both  school  administrators  and  security  forces.  Administrators  and 
police  frequently  take  harsh  action  against  even  peaceful  student  demonstrations, 
whether  over  political  or  bread-and-butter  issues,  forcefully  dispersing  and  some- 
times arresting  students.  Student  leaders  report  that  they  are  sometimes  followed 
and  even  threatened  by  government  security  forces  (see  Sections  I.e.  and  l.f.).  A 
number  of  student  activists  have  been  expelled  from  universities  in  recent  years  be- 
cause of  political  activities,  and  most  have  been  refused  readmission. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  although  the  Government's  use  of  the  Public  Order  Act,  which 
gave  the  authorities  power  to  control  public  gatherings,  seriously  restricted  this 
right  for  many  years.  The  act  prohibited  meetings  or  processions  oi  10  or  more  per- 
sons without  a  license  from  the  District  Commissioner.  Through  the  first  8  months 
of  the  year,  the  Government  continued  to  restrict  the  right  of  peaceful  assembly  by 
refusing  to  license,  or  by  forcefully  disrupting,  opposition  political  meetings  and  civic 
education  workshops  sponsored  by  churcnes  and  NGO's. 

Continuing  an  increase  in  disruptions  in  the  last  quarter  of  1996,  the  number  of 
meetings  blocked  or  disrupted  by  the  Government  surged  in  the  first  8  months  of 
the  year.  The  Government  continued  to  approve  few  applications  by  opposition  par- 
liamentarians to  hold  political  meetings,  effectively  fclocking  them  from  meeting 
with  their  constituents.  Their  applications  were  either  routinely  denied  as  a  "threat 
to  security,"  or  just  not  acted  on.  Police  disrupted  a  large  number  of  opposition  polit- 
ical meetings,  including  by-election  campaign  rallies  in  January  and  March.  In  Feb- 
ruary police  charged  into  and  beat  up  a  group  of  Safina  party  activists  in  a  market- 
place near  Nyeri.  Over  a  single  weekend  in  April,  police  disrupted  three  separate 
meetings  by  opposition  leaders  Raila  Odinga,  Charity  Ngilu,  and  Kijana  Wamalwa, 
shooting  and  seriously  wounding  Wamalwa  s  bodyguard. 

Ruling  KANU  party  leaders,  on  the  other  hand,  had  no  trouble  obtaining  meeting 
licenses.  They  usually  do  not  even  bother  to  apply  for  licenses,  since  the  police  do 
not  interfere  with  their  meetings  even  without  a  license.  The  few  KANU  meeting 
license  applications  refused,  or  meetings  disrupted,  were  those  of  KANU  leaders 
critical  of;  or  at  odds  with,  the  national  party  leadership. 

The  Government  also  blocked  a  series  of*^  constitutional  reform  rallies  and  meet- 
ings. Security  forces  broke  up  rallies  in  Nairobi  on  May  3  and  31,  June  1  and  19, 
and  July  7,  the  last  resulting  in  14  deaths  (see  Section  l.a.).  The  Government  de- 
ployed the  National  Youth  &rvice  (NYS),  which  traditionally  has  provided  young 
Kenyans  job  training  in  exchange  for  several  years  of  national  civilian  service,  to 
block  opposition  political  meetings.  The  (government  blocked  a  proreform  rally  on 
Madar^a  Day,  June  1,  by  placing  all  the  reform  leaders  it  coula  find  under  house 
arrest.  In  the  face  of  increasing  domestic  and  international  criticism,  the  Govern- 
ment then  allowed  two  reform  rallies  to  proceed,  one  in  Mombasa  on  July  21  and 
one  at  Uhuru  Park  in  Nairobi  on  August  8.  The  latter  turned  violent  leaving  four 
persons  dead,  including  two  policemen. 

Following  domestic  and  international  criticism  of  the  spate  of  disruptions  in  April, 
Police  Commissioner  Wachira  warned  that  police  who  misused  firearms  at  political 
gatherings  would  be  punished  "according  to  the  law."  A  few  days  later.  Minister  of 
State  Kalweo  announced  that  police  covering  public  functions  would  bear  only  clubs 
and  tear  gas,  not  guns.  Two  administration  policemen  were  detained  and  charged 
in  the  Wamalwa  shooting.  Following  the  enactment  of  the  parliamentary  reforms  in 
November,  Commissioner  Wachira  directed  the  police  to  remain  neutral  in  the  elec- 
tion campaign  and  offered  round-the-clock  police  protection  to  all  presidential  can- 
didates. Both  of  these  directives  were  effectively  implemented  and  markedly  im- 
proved the  election  atmosphere. 

One  of  the  November  reforms  was  revision  of  the  controversial  Public  Order  Act, 
replacing  the  requirement  that  public  meetings  must  be  licensed  with  a  simplified 
requirement  that  organizers  merely  notify  the  local  police  of  planned  meetings.  The 
revision  expressly  excluded  "meet  the  people"  tours  by  politicians  from  the  notifica- 


167 

tion  requirement  and  provided  that  only  a  senior  police  officer  could  halt  a  meeting 
on  the  grounds  of  "clear,  present  or  imminent  danger  of  a  breach  of  the  peace  or 
public  order. 

Prior  to  enactment  of  the  IPPG  reforms,  the  Government  repeatedly  criticized 
NGO's  and  the  concept  of  civic  education,  accusing  NGO's  of  engaging  in  covert  ac- 
tivities and  (luestioning  their  patriotism  because  oi  their  foreign  funding.  Civic  edu- 
cation, Presiaent  Moi  declared,  is  unnecessary  in  Kenya.  The  Government  gave  form 
to  this  hostility  in  a  February  circular  directing  local  officials  that  NGO's  sponsoring 
civic  education  are  "a  threat  to  the  security  of  the  state  and  their  activities  must 
be  curtailed."  The  authorities  disrupted  numerous  civic  education  workshops 
through  the  spring  and  summer.  In  April  the  Catholic  Church  protested  the  contin- 
ued government  "harassment  and  intimidation"  of  its  civic  education  workshops  in 
Turkana  District. 

Meeting  disruptions  began  to  taper  off  after  the  IPPG  started  its  reform  dialogue 
at  the  end  of  August.  In  September  police  blocked  four  opposition  political  meetings 
and  three  civic  education  meetings,  and  in  October  three  opposition  political  meet- 
ings and  two  civic  education  meetings.  They  allowed  many  other  meetings  to  take 
place  in  various  places  around  the  country.  Following  passage  of  parliamentary  re- 
forms in  early  November,  there  were  very  few  government  disruptions  of  opposition 
and  civic  education  meetings,  police  interventions  largely  involved  potentially  vio- 
lent situations. 

The  Government  used  the  Societies  Act  to  restrict  freedom  of  association.  The  act 
requires  every  association  to  be  registered  or  to  be  exempted  from  registration  by 
the  Registrar  of  Societies.  For  the  past  3  years,  however,  the  Government  refused 
to  act  on  a  number  of  political  party  registration  applications.  However,  in  Novem- 
ber following  passage  of  the  parliamentary  reforms,  the  Government  finally  acted 
on  pending  party  applications,  increasing  the  number  of  registered  political  parties 
from  12  to  26.  !^me  are  tiny,  inactive  groups,  others  such  as  Safina  are  potentially 
major  parties.  The  Islamic  Party  of  Kenya  (IPK),  however,  remained  unregistered. 
The  party  is  challenging  the  1994  denial  of  registration  in  the  courts. 

At  mid,-year,  a  shadowy  group,  "Jeshi  La  Mzee"  ("the  old  man's  army"),  surfaced 
whose  purpose  was  apparently  to  harass  reformers  calling  for  significant  constitu- 
tional changes.  The  group  was  active  in  disrupting  several  proconstitutional  reform 
rallies  in  Nairobi.  Reformers  charged  that  Jesni  La  Mzee  was  a  "terrorist  gang"  re- 
cruited and  paid  by  KANU  leaders  to  attack  reform  rallies.  The  group  has  been  in- 
active since  early  August. 

NGO's  are  registered  by  the  Government  NGO  Coordination  Board  under  the 
NGO  Act.  The  Government  has  used  this  structure  to  put  pressure  on  the  non- 

ffovemmental  National  NGO  Council.  In  July  it  directed  the  Council  to  compile  a 
ist  of  "political  NGO's,"  presumably  to  carry  out  President  Moi's  threat  of 
deregistering  all  "political  NGO's."  When  the  Council  refused,  the  President  threat- 
ened to  withdraw  its  operating  permit,  accusing  it  of  diverting  funds  intended  for 
civic  education  to  finance  subversive  organizations.  The  Government  did  not  carry 
out  this  threat. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  does  not  infringe  on  religious  activities,  except  to  require  registration 
by  new  churches. 

The  Government  did  interfere  with  some  activities  sponsored  by  churches,  notably 
civic  education,  which  it  perceived  as  disguised  support  for  opposition  political  par- 
ties. In  the  first  8  months  of  the  year,  the  authorities  disrupted  numerous  civic  edu- 
cation woricshops  sponsored  by  the  Catholic  Church  and  the  National  Council  of 
Churches  of  Kenya  (NCCK),  the  major  Protestant  umbrella  organization  (see  Sec- 
tion 2.b.). 

On  July  7,  pursuing  demonstrators  who  had  taken  refuge  inside  security  forces 
stormed  All  Saints  Cathedral  in  Nairobi.  They  beat  the  demonstrators.  After  origi- 
nally denying  that  the  incident  occurred,  the  police  later  apx^logized.  This  desecra- 
tion was,  however,  a  product  of  government  intolerance  of  political  dissent,  not  of 
religious  persecution. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— By  law,  citizens  may  travel  freely  within  the  country.  However,  the  es- 
tablishment of  security  zones  during  the  1992  elections  and  again  following  ethnic 
clashes  in  1993,  restricted  the  ability  of  many  citizens  to  travel  in  large  parts  of 
Kenya.  In  the  first  8  months  of  1997,  opposition  leaders  were  blocked  on  a  number 
of  occasions  from  visiting,  or  forced  to  leave,  certain  locations.  In  May,  for  example, 
KANU  youthwingers  roughed  up  opposition  leader  Raila  Odinga  in  Kapsabet  and 
forced  him  to  flee,  while  police  stood  by  and  watched.  President  Moi  stated  in  April 
that  no  opposition  politicians  should  "dare  step  into  Rift  Valley,"  stirring  fears  tnat 
"KANU  zones"  closed  to  the  opposition  would  be  restored. 


45-909    98-7 


168 

Many  of  the  rural  people  displaced  by  the  violent  ethnic  clashes  in  Rift  Valley  in 
1991-93  have  still  not  returned  to  their  homes  and  remain  displaced  in  urban  areas. 
Late  in  the  year,  the  Government  made  some  efforts  in  the  Molo  area  (northern  Rift 
Valley)  to  regularize  land  ownership  for  some  of  the  displaced  there.  Many  of  the 
thousands  of  people  displaced  by  the  violence  in  Coast  Province  in  the  late  summer 
remained  afraid  to  return  to  their  homes  because  of  a  fear  of  renewed  violence. 
(Voter  turnout  in  Likoni  was  less  than  37  percent,  the  lowest  in  the  country.) 

The  Government  does  not  restrict  emigration  or  foreign  travel.  However,  the  law 
requires  a  woman  to  obtain  her  husbanas  or  father's  permission  in  order  to  obtain 
a  passport  (see  Section  5).  Civil  servants  must  get  government  permission  for  inter- 
national travel,  which  is  normally  granted. 

The  Government  offers  first  asylum  and  provided  it  to  the  approximately  180,0(X) 
United  Nations  High  Commissioner  for  Refugees  (UNHCR)— registered  refugees 
who  live  in  oflicial  camps.  An  undetermined  number  of  refugees  live  outside  camps 
in  cities  and  rural  areas.  Somalis  account  for  about  80  percent  of  the  total  refugee 
population,  followed  by  a  large  number  of  Sudanese,  and  a  scattered  number  of 
other  nationalities  from  across  the  region.  A  total  of  less  than  2,700  refugees,  mostly 
Ethiopians,  were  repatriated  in  1997. 

At  the  direction  of  the  Government,  the  UNHCR  took  steps  to  close  the  three  refu- 
gee camps  near  the  coastal  city  of  Mombasa.  Two  of  these  camps  were  effectively 
closed  in  August  and  some  7,000  people  living  there  moved,  against  their  expressed 
wishes,  to  camps  near  the  Somali  and  Sudanese  borders.  Many  of  the  refugees  in 
the  remaining  Mombasa  camp  have  registered  to  return  to  Somalia  rather  than  re- 
locate to  another  camp  in  Kenya.  However,  this  repatriation  has  not  yet  occurred, 
and  significant  numbers  of  people  in  this  camp  appear  likely  ultimately  to  accept 
relocation  within  Kenya. 

In  July  the  authorities  began  rounding  up  hundreds  of  refugees  and  other  aliens 
in  urban  areas.  During  these  roundups,  police  oflen  detained  any  African  foreign  na- 
tional they  happened  across  regardless  of  whether  the  person  had  proper  docu- 
mentation or  not.  Entire  families  were  picked  up,  treated  roughly  during  arrest,  and 
then  kept  in  detention  for  days  or  sometimes  weeks  under  harsh  conditions.  The 
treatment  of  these  detainees  improved  somewhat  following  foreign  embassy  and 
UNHCR  intervention.  However,  the  arrests  continued,  albeit  at  a  much  slower  pace. 

The  position  of  refugees  and  improperly  documented  aliens  became  even  more  pre- 
carious when,  on  September  6,  President  Moi  criticized  refugees  for  abusing  Kenya's 
hospitality  and  verbally  ordered  the  UNHCR  to  remove  all  refugees  from  the  coun- 
try. A  few  days  later,  the  (jovemment  told  the  UNHCR  it  had  1  month  to  remove 
all  refugees.  However,  President  Moi  subsequently  relaxed  his  order  to  expel  refu- 
gees from  the  country,  suspended  the  roundup  of  aliens,  and  established  a  mecha- 
nism for  direct  communication  between  his  office  and  the  UNHCR. 

The  law  provides  for  the  granting  of  asylum  or  refugee  status  in  accordance  with 
the  standards  of  the  1951  U.N.  Convention  Relating  to  the  Status  of  Refugees  and 
its  1967  Protocol.  Nevertheless,  when  over  400,000  refugees  fleeing  civil  strife  and 
drought  arrived  from  the  neighboring  countries  of  Somalia,  Sudan,  Ethiopia,  and 
Uganda  in  1991,  the  Government  suspended  indefinitely  the  process  by  which  it 
ruled  on  applications  for  refugee  status  or  asylum.  Since  then,  a  handful  of  affluent 
individuals  have  effectively  purchased  de  facto  convention  status,  but  for  practical 
purposes,  an  official  asylum  or  refugee  application  process  no  longer  exists.  Con- 
sequently, resettlement  is  not  an  option. 

Incidents  of  rape  of  women  and  young  girls  in  refugee  camps  continued  to  occur, 
though  police  attention  to  the  problem  slightly  improved  this  situation.  Acts  of  vio- 
lence, including  carjackings  and  banditry,  still  occur  with  frequency  in  the  camps 
and  the  Dadaab  area  (near  the  Somali  border),  which  sometimes  led  to  the  injury 
or  death  of  some  refugees  and  police.  Late  in  the  year,  flooding  displaced  20,0()0  of 
the  refugees  in  these  camps. 

Despite  the  apparent  hardening  of  the  Government's  policy  toward  refugees,  there 
were  no  reports  of  expulsions  from  the  country  of  those  naving  a  valid  claim  to  refu- 
gee status.  However,  early  in  the  year,  the  Government  moved  forcefully  to  prevent 
a  mass  wave  of  persons  fleeing  drought  conditions  in  Somalia  from  crossing  the  bor- 
der. Once  this  now  of  potential  refugees  was  halted,  the  Government  invited  the 
UNHCR  and  other  humanitarian  organizations  to  provide  assistance  in  place  to 
these  individuals.  The  (jovernment  followed  the  same  procedure  when  a  similar  sit- 
uation occurred  in  late  1996. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  Constitution  provides  citizens  with  the  right  to  change  their  government 
through  free  and  fair  multiparty  elections,  although  their  ability  to  do  so  has  not 


169 

yet  been  fully  demonstrated  at  the  presidential  level.  The  December  29  presidential 
election,  despite  numerous  logistical  and  other  flaws,  generally  reflectea  the  will  of 
the  people.  The  1997  presidential  and  parliamentary  elections  were  marked  by 
much  less  violence  and  intimidation  than  the  1992  polls,  and  by  less  fraud,  and 
other  irregularities.  Opposition  candidates  won  60  percent  of  the  vote,  but  these 
votes  were  split  among  four  main  and  several  fringe  parties,  thereby  giving  KANU 
a  majority  of  seats  in  Parliament  and  President  Moi  a  mandate  to  dominate  the  po- 
litical process  for  another  5  years. 

At  the  local  level,  the  President  exercises  sweeping  power  over  the  political  struc- 
ture. The  President  appoints  both  the  powerftil  provincial  and  district  commis- 
sioners and  a  multitude  of  district  and  village  officials.  In  past  elections,  many  local 
officials  actively  assisted  the  ruling  KANU.  However,  in  the  December  elections 
there  was  a  real  effort  to  delink  provincial  government  officials  from  the  campaign 
and  polling  processes.  Before  the  campaign  began,  the  Government  issued  instruc- 
tions enjoining  provincial  and  local  officials  from  partisan  involvement;  nearly  all 
local  government  and  security  officials  adhered  to  these  directives. 

At  the  national  level,  the  Constitution  authorizes  the  President  to  dissolve  the 
legislature  and  prohibits  debate  on  issues  under  consideration  by  the  courts.  This 
law,  in  conjunction  with  a  ruling  by  the  Speaker  of  the  Assembly  that  the  Presi- 
dent's conduct  is  inappropriate  for  parliamentary  debate,  has  limited  the  scope  of 
deliberation  on  controversial  political  issues.  M.P.'s  are  entitled  to  introduce  legisla- 
tion, but  in  practice  it  is  the  Attorney  General  who  does  so.  As  the  head  of  KANU, 
which  now  controls  a  slim  majority  of  parliament  seats,  the  President  is  also  able 
to  influence  significantly  the  legislative  agenda. 

Government  harassment  and  intimidation  of  the  political  opposition  significantly 
increased  in  the  first  8  months  of  1997,  but  the  last  4  months  of  the  year  saw  a 
marked  easing  of  this  interference.  Although  the  government  monopoly  of  the  elec- 
tronic media  prevented  opposition  parties  from  reaching  television  and  radio  audi- 
ences, this  situation  improved  somewhat  towards  the  end  of  the  year,  as  the  par- 
liamentary reforms  mandated  more  evenhanded  coverage  of  opposition  activities 
(see  Section  2.a.).  In  the  first  8  months  of  the  year,  the  licensing  provision  of  the 
Public  Order  Act  prevented  opposition  leaders  from  meeting  their  supporters,  and 
the  Government's  use  of  other  colonial-era  sedition  laws  restricted  freedom  of  ex- 

f>ression  (see  Sections  2. a.  and  2.b.).  The  IPPG  reforms  ameliorated  somewhat  the 
ack  of  statutory  independence  of  the  presidentially  appointed  Electoral  Commis- 
sion, which  oversees  elections,  by  nearly  doubling  its  size.  The  President  appointed 
the  new  members  from  a  list  proposed  by  opposition  parties.  However  the  opposition 
continued  to  charge  that  voter  constituencies  were  gerrymandered  in  favor  of 
KANU. 

The  two-step  process  of  new  national  identity  card  issuance,  followed  by  voter  reg- 
istration, was  flawed.  The  process  of  applying  for  the  new  generation  identity  card 
went  relatively  well;  about  11  million  oi  the  13.3  million  eligible  citizens,  i.e.,  age 
18  and  above,  applied  before  the  close  of  the  application  process  in  February.  Actual 
issuance  of  the  new  cards,  however,  was  often  very  slow  and  sometimes  occurred 
months  after  the  application. 

The  voter  registration  drive  in  May-June  registered  slightly  more  than  9  million 
people.  There  were,  however,  numerous  inefficiencies  in  the  process,  including  reg- 
istration sites  running  out  of^  application  forms  and  cards  issued  with  errors.  There 
were,  moreover,  widespread  and  credible  allegations  of  bribery  in  the  registration 
process.  In  addition,  hundreds  of  thousands  of  young  people  who  had  reached  the 
voting  age  of  18  were  unable  to  register  to  vote.  Because  they  were  too  young  to 
have  received  older  model  identity  cards  and  because  of  the  inefficiency  of'^the  new 
card  issuance,  they  did  not  receive  their  new  cards  before  voter  registration  closed. 
Possession  of  an  old  or  a  new  model  card  was  a  prerequisite  for  voter  registration. 
This  disenfranchisement  is  widely  seen  as  a  result  of  inefficiency  rather  than  politi- 
cally inspired,  although  there  were  claims  that  many  youths  were  denied  identifica- 
tion cards  for  ethnic  and  political  reasons  (see  Section  5). 

The  violence  that  erupted  along  the  coast  in  August  (see  Section  l.a.)  was  eth- 
nically targeted  against  "upcountry"  immigrants  who  tend  to  vote  for  the  opposition. 
The  violence,  reportedly  organized  in  part  oy  local  KANU  politicians,  probably  effec- 
tively disenfranchised  large  numbers  of  opposition  supporters. 

The  3-week  presidential  and  parliamentary  campaigns  in  December  were  largely 
free  of  government  interference.  Election  meetings  occurred  without  hindrance,  and 
most  local  government  officials  kept  their  distance  from  the  campaign.  Although 
there  were  numerous  problems  with  ballot  distribution  on  the  December  29-30  elec- 
tion days,  the  voting  for  president  largely  reflected  the  will  of  the  people.  The  over- 
whelming majority — 95  percent — of  the  210  parliamentary  elections  likewise  appear 


170 

to  have  reflected  the  popular  will,  although  there  were  credible  reports  of  vote  rig- 
ging in  10  to  12  constituencies. 

Although  there  are  no  legal  restrictions  traditional  attitudes  circumscribe  the  role 
of  women  in  politics,.  Women  are  seriously  underrepresented  at  decisionmaking  lev- 
els in  the  Government.  The  new  Parliament  elected  on  December  29  includeafour 
female  M.P.'s,  down  from  seven  in  the  last  Parliament.  Within  the  opposition, 
women  figure  most  prominently  in  the  Democratic  Party  and  the  Social  Democratic 
Party.  A  group  of  women  in  Nairobi  formed  the  Women's  Political  Caucus  early  in 
the  year  to  looby  for  issues  of  concern  to  women  and  to  increase  the  influence  of 
women  on  government  policy.  A  parliamentary  proposal  that  one-third  of  the  par- 
liamentary seats  be  reserved  for  women  was  defeated  in  April.  The  IPPG  reform  leg- 
islation requires  that  half  of  the  nominations  for  the  12  nominated  M.P.'s  be  women. 

Members  of  all  tribal  and  ethnic  groups  participate  in  the  political  process.  How- 
ever, since  white  paleontologist  Richard  Leakey  announced  his  involvement  in  the 
Safina  party  in  1995,  F'resident  Moi  has  repeatedly  cautioned  against  the  participa- 
tion of  white  Kenyans  in  political  activities.  (Nonetheless,  one  white  Kenyan  was 
reelected  as  an  M.P.  on  a  KANU  ticket  in  this  year's  election.)  Numerous  tribes — 
including  the  Kisii,  Meru,  Embu,  Kamba,  Kikuyu,  Taita,  Kalenjin,  Luhya,  Turkana, 
Maasai,  Giriama,  Luo,  and  Somali — are  represented  in  the  President's  Cabinet.  (Sig- 
nificantly, two  of  the  largest  tribes — the  Kikuyu  and  the  Luo — were  excluded.)  How- 
ever, the  President  reportedly  relies  on  an  inner  circle  of  advisers,  drawn  mostly 
from  his  Kalenjin  tribe.  There  is  widespread  anti-Asian  sentiment,  which  some  op- 
position political  leaders  have  sought  to  use  for  their  own  ends  (see  Section  5). 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  is  a  growing  number  of  human  rights  organizations  in  Kenya.  These  in- 
clude the  KHKC,  the  Kenya  Antirape  Organization,  the  Legal  Advice  Center,  the 
Catholic  Justice  and  Peace  Commission,  the  Protestant  NCCK,  the  Release  Political 
Prisoners  pressure  group,  and  the  Center  for  (jovemance  and  Development  (CGD). 
There  is  also  an  array  oi  legal  organizations,  including  the  Public  Law  Institute,  the 
Law  Society  of  Kenya  (LSK),  the  International  Commission  of  Jurists  (ICJ/Kenya), 
and  the  International  Federation  of  Women  Lawyers  (FIDA/Kenya),  that  are  con- 
cerned with  human  rights. 

NGO's  and  some  opposition  parties  maintain  comprehensive  files  on  human  rights 
abuses.  The  Kenya  Social  Congress  (KSC)  Party  has  published  several  detailed 
studies  of  human  rights  violations  in  Nyanza  Province.  The  Safina  party  tracks 
extrajudicial  violence  and  disruption  of  opposition  political  meetings.  A  number  of 
attorneys  represent  the  poor  and  human  rights  defendants  without  compensation, 
though  they  can  meet  only  a  small  percentage  of  the  need  and  are  largely  con- 
centrated in  urban  areas. 

The  KHRC  produces  a  "Quarterly  Repression  Report"  cataloging  the  human  rights 
situation  in  the  country,  as  well  as  a  steady  stream  of  special  reports.  It  organizes 
activities  to  publicize  special  causes,  such  as  its  campaign  against  police  killing.  The 
Institute  for  Education  in  Democracy  (lED)  and  other  NGO's  monitor  elections  in 
cooperation  with  the  Electoral  Commission.  The  lED,  along  with  the  Catholic 
Church  and  the  Protestant  NCCK,  monitored  the  sequential  steps  in  the  electoral 
process,  including  identity  card  registration,  voter  registration,  election  monitor 
training,  media  access,  and  the  actual  elections  (nomination  of  candidates,  cam- 
paign, and  polling  day). 

Prior  to  agreement  on  the  IPPG  reform  package,  the  Government's  relations  with 
human  rights  groups,  domestic  and  international,  were  poor.  It  regularly  criticized 
human  rights  organizations  and  other  NGO's  and  disrupted  their  meetings  and 
workshops.  Police  disrupted  the  launch  of  the  KHRC's  campaign  against  police  kill- 
ing in  January  (see  Section  2.b.).  The  following  month,  policemen  kicked  and  beat 
up  a  KHRC  monitor  in  Nairobi  for  collecting  signatures  for  a  petition  against  police 
violence.  In  August  Mombasa  police  detained  KHRC  board  member  Professor 
Alamin  Mazrui  in  connection  with  the  outbreak  of  ethnic  violence  on  the  coast  (see 
Section  l.d.). 

While  the  Government  often  criticized  domestic  and  international  human  rights 
NGO's,  it  also  made  some  efforts  to  reach  out  and  engage  them.  It  allowed  human 
rights  organizations  to  witness  autopsies  of  several  persons  who  had  died  in  police 
custody.  In  August  it  issued  a  formal  response  to  Amnesty  International's  Memoran- 
dum of  Concern  over  the  Kenyan  human  rights  situation  issued  in  May.  Amnesty 
International  welcomed  the  dialog  with  the  Government  but  still  expressed  "serious 
concerns  about  the  human  rights  situation  in  Kenya."  During  an  August  visit,  Am- 
nesty International  discussed  the  human  rights  situation  with  numerous  senior  gov- 
ernment officials.  The  Attorney  Genera's  Office  responded  in  detail  to  foreign  em- 


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171 

bassies'  human  rights  inquiries.  The  Electoral  Commission  facilitated  the  March 
visit  of  the  U.S. -based  International  Foundation  for  Election  Systems  to  analyze  the 
electoral  system. 

The  Government  Standing  Committee  on  Human  Rights  established  in  May  1996 
has  maintained  a  low  profile  and  kept  its  distance  from  most  pressing  human  rights 
problems.  After  a  year  and  a  half,  it  has  not  made  any  public  report  of  its  findings 
or  activities.  The  10-member  committee  is  empowered  to  "investigate  alleged  viola- 
tions of  constitutional  freedoms,"  including  abuse  of  power  by  piiolic  officials.  It  is 
tasked  with  drafting  recommendations  on  human  rights  problems  and  providing 
these  to  the  government  agencies  under  whose  purview  the  problems  fall.  The  com- 
mittee presented  its  first  report  to  President  Moi  in  November  1996,  but  details  of 
the  report  have  not  been  made  public. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  the  basis  of  a  person's  "race,  tribe, 
place  of  origin  or  residence  or  other  local  connection,  political  opinions,  color,  or 
creed."  However,  the  authorities  did  not  efl"ectively  enforce  all  these  provisions. 

Women. — Violence  against  women  is  a  serious  and  widespread  problem.  The  num- 
ber of  rapes  reported  to  police  has  increased  from  1,274  in  1993  to  1,455  in  1995 
and  1,020  in  the  first  6  months  of  1996.  KHRC  figures  on  assaults  on  women  and 
girls  rose  from  4,580  in  1994  to  4,889  in  1995  and  3,674  in  the  first  half  of  1996. 
The  available  statistics  probably  underreport  the  number  of  incidents,  however, 
since  social  mores  deter  women  from  going  outside  their  families  or  ethnic  groups 
to  report  sexual  abuse. 

The  Government  has  condemned  violence  against  women,  and  the  law  carries 

f)enalties  of  up  to  life  imprisonment  for  rape.  Still,  the  rate  of  prosecution  remains 
ow  because  of  cultural  inhibitions  against  publicly  discussing  sex,  the  fear  of  ret- 
ribution, the  disinclination  of  police  to  intervene  in  domestic  disputes,  and  the  un- 
availability of  doctors  who  might  otherwise  provide  the  necessary  evidence  for  con- 
viction. Furthermore,  wife  beating  is  prevalent  and  largely  condoned  by  much  of 
Kenyan  society.  Traditional  culture  permits  a  man  to  discipline  his  wife  by  physical 
means  and  is  ambivalent  about  the  seriousness  of  spousal  rape.  There  were  contin- 
ued incidents  of  rape  of  refugee  Somali  women  at  the  Dadaab  camps,  where  women 
were  assaulted  outside  camp  perimeters  in  the  course  of  gathering  firewood. 

Women  experience  a  wide  range  of  discriminatory  practices,  limiting  their  politi- 
cal and  economic  rights  and  relegating  them  to  second  class  citizenship.  The  Con- 
stitution extends  equal  protection  of  rights  and  freedoms  to  men  and  women,  but 
long  lacked  a  specific  prohibition  of  discrimination  on  grounds  of  gender.  This  was 
corrected  by  the  parliamentary  reforms  of  November,  which  amended  the  Constitu- 
tion to  include  aiscrimination  on  the  grounds  of  gender  as  one  of  the  Constitu- 
tionally prohibited  forms  of  discrimination.  Constitutional  provisions  on  citizenship, 
however,  continue  to  discriminate  against  women  by  allowing  men,  but  not  women, 
to  automatically  bequeath  citizenship  to  their  children.  While  the  Government  has 
ratified  international  conventions  on  women's  rights,  it  has  not  passed  domestic  en- 
abling legislation.  The  task  force  on  laws  relating  to  women,  established  by  the  At- 
torney General  in  1993,  has  yet  to  make  its  report. 

Levels  of  education  and  literacy  are  widely  different  for  men  and  women.  The 
number  of  boys  and  girls  in  school  is  roughly  equal  at  the  primary  level,  and  then 
becomes  increasingly  disproportionate  until  men  outnumber  women  almost  2  to  1 
in  higher  education.  Literate  men  significantly  outnumber  literate  women. 

Women  continue  to  face  both  legal  and  actual  discrimination  in  other  areas.  For 
example,  a  woman,  is  legally  required  to  obtain  the  consent  of  her  husband  or  father 
before  obtaining  a  national  identity  card  or  a  passport.  In  practice,  a  woman  must 
also  have  her  husband's  or  father's  approval  to  secure  a  bank  loan.  Women  can  le- 
gally work  at  night  only  in  the  export  processing  zones  (EPZ's).  According  to  pension 
law,  a  widow  loses  her  work  pension  upon  remarriage,  whereas  a  man  does  not. 

The  Law  of  Succession,  which  governs  inheritance  rights,  provides  for  equal  con- 
sideration of  male  and  female  children.  In  practice,  most  inheritance  problems  do 
not  come  before  the  courts.  Women  are  often  excluded  from  inheritance  settlements 
or  given  smaller  shares  than  male  claimants.  A  widow,  moreover,  cannot  be  the  sole 
administrator  of  her  husband's  estate  unless  she  has  her  children's  consent. 

Women  have  long  dominated  agricultural  work  in  terms  of  numbers  of  laborers, 
and  they  have  become  more  active  in  urban  small  business.  Still,  the  average 
monthly  income  of  women  is  about  37  percent  lower  than  that  of  men.  Not  only  do 
women  have  difficulty  moving  into  nontraditional  fields,  they  are  also  promoted 
more  slowly  than  men  and  bear  the  brunt  of  job  retrenchments.  Societal  discrimina- 
tion is  most  apparent  in  rural  areas,  where  women  account  for  75  percent  of  the 


172 

agricultural  work  force.  Rural  families  are  more  reluctant  to  invest  in  educating 
girls  than  in  educating  boys,  especially  at  the  higher  levels. 

The  nation's  best  known  women's  rights  and  welfare  organization,  Maendeleo  Ya 
Wanawake  (Development  of  Women  in  Kiswahili)  was  established  as  a  nonpolitical 
NGO  during  the  colonial  era,  but  now  operates  under  the  close  supervision  of  the 
Government.  A  growing  number  of  women's  organizations  are  active  in  the  field  of 
women's  rights,  including  FIDA,  the  National  Council  of  Women  of  Kenya,  the  Na- 
tional Commission  on  the  Status  of  Women,  the  Education  Center  for  Women  in  De- 
mocracy, and  the  League  of  Kenyan  Women  Voters. 

Chilaren. — The  system  of  free  education  in  the  early  years  of  Kenya's  independ- 
ence (1963)  has  given  way  to  a  "cost-sharing"  education  system  in  which  students 
pay  both  tuition  and  other  costs.  These  are  a  heavy  burden  on  most  families.  While 
there  is  mandatory  schooling  for  all  up  to  grade  12,  there  is  a  very  high  dropout 
rate  in  part  because  of  the  heavy  educational  expenses.  Moreover,  the  shortage  of 
schools  also  obviates  the  legally  required  universal  schooling.  The  health  care  sys- 
tem for  school  children,  which  once  provided  periodic  medical  checkups  and  free 
milk,  now  appears  to  be  completely  defunct. 

Female  genital  mutilation  (FGM)  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  practiced 
by  certain  ethnic  groups  and  remains  widespread,  particularly  in  rural  areas. 
Health  officials  estimate  that  as  many  as  50  percent  of  females  nationwide  have  suf- 
fered FGM.  According  to  Maendeleo  Ya  Wanawake,  the  percentage  is  as  high  as  80 
to  90  percent  in  some  districts  of  the  Eastern,  Nyanza,  and  Rill  Valley  provinces. 
FGM  is  usually  performed  at  an  early  age.  President  Moi  has  issued  two  presi- 
dential decrees  banning  FGM,  and  the  Government  prohibits  government-controlled 
hospitals  and  clinics  from  practicing  it.  So  far,  however,  there  is  no  law  banning 
FGM.  In  1996  Parliament  defeated  a  motion  outlawing  FGM  just  1  week  after  it 
passed  a  motion  to  implement  the  Beijing  Women's  Conference  platform,  one  provi- 
sion of  which  called  for  ending  FGM. 

Economic  displacement  and  population  growth  continued  to  fuel  the  problem  of 
homeless  street  children.  The  child  welfare  society  of  Kenya  estimated  that  the 
number  of  Nairobi's  street  children  increased  from  33,000  in  1990  to  45,000  this 
year,  while  the  Government  estimates  their  growth  at  10  percent  per  year.  These 
children  are  often  involved  in  theft,  drug  tramcking,  assault,  trespass,  and  property 
damage.  According  to  a  1997  Human  Rights  Watch  report,  these  street  children  face 
harassment  as  well  as  physical  and  sexual  abuse  from  the  police  and  within  the  ju- 
venile justice  system  simply  because  they  are  poor  and  homeless.  They  are  held  in 
deplorable  conditions  in  crowded  police  station  cells,  often  without  toilets  or  bed- 
ding, with  little  food,  and  inadequate  supplies.  They  are  often  incarcerated  with 
adults  and  frequently  beaten  by  police. 

Child  rape  and  molestation  are  rapidly  growing  problems.  There  are  frequent 
press  reports  of  rape  of  young  girls,  with  rapists  often  middle  aged  or  older.  Legally, 
a  man  (wes  not  "rape"  a  girl  under  14  if  he  has  sexual  intercourse  with  her  against 
her  will;  he  commits  the  lesser  offense  of  "defilement."  The  penalty  for  the  felony 
of  rape  can  be  life  imprisonment,  while  the  penalty  for  defilement  is  up  to  5  years' 
imprisonment.  Men  convicted  of  rape  normally  receive  prison  sentences  of  between 
5  and  20  years,  plus  several  strokes  of  the  cane. 

Child  prostitution  has  emerged  as  a  maior  problem  in  urban  areas,  often  con- 
nected with  the  tourist  trade.  There  have  been  numerous  press  reports  regarding 
the  rapid  increase  in  child  prostitution  in  Nairobi  and  Mombasa.  A  provincial  gov- 
ernment study  in  Nyanza  province  last  year  found  that  Kisumu  city  had  300  male 
and  female  child  prostitutes  as  young  as  8  years  of  age  and  that  the  practice  existed 
in  small  towns  throughout  the  province. 

People  With  Disabilities. — Government  policies  do  not  discriminate  against  people 
with  disabilities  with  regard  to  employment,  education,  or  state  services.  Disabled 
persons  are  frequently  denied  driving  licenses,  however.  There  are  no  mandated  pro- 
visions of  accessibility  for  the  disabled  to  public  buildings  or  transportation. 

National  / Racial  / Ethnic  Minorities. — According  to  the  1989  government  census 
released  in  May  1994,  the  Kikuyu  are  the  largest  ethnic  community,  comprising  21 
percent  of  Kenya's  then  22  million  people.  Luhya,  Luo,  Kamba,  and  Kalenjin  (an 
amalgamation  of  9  small  tribes)  follow,  each  with  more  than  11  percent  of  the  popu- 
lation. 

Opposition  politicians  and  local  human  rights  groups  report  that  the  Government 
continues  to  discriminate  against  Rift  Valley  Kikuyus.  They  assert  that  provincial 
authorities  have  denied  national  identification  cards  to  a  substantial  number  of 
Kikuyu  youths,  even  those  born  and  raised  there.  Without  identification  cards,  these 
youths  cannot  marry,  attend  universities,  obtain  employment,  or  register  to  vote. 


173 

There  is  widespread  resentment  by  African  Kenyans  toward  Asians  living  in 
Kenya.  T^e  large  Asian  community  consists  of  second  and  third  generation  Asians 
with  fiall  Kenyan  citizenship  and  smaller  body  of  recent  immigrants.  Many  African 
Kenyans  resent  people  of  Asian  descent  for  tneir  affluence,  and  their  reluctance  to 
assimilate  African  culture  and  to  employ  black  Kenyans  in  management  positions. 
They  also  see  Asians  as  taking  jobs  and  commercial  opportunities  away.  The  in- 
volvement of  some  Asians  in  corrupt  activities  with  government  officials  further 
fuels  popular  resentment. 

Pohticians,  both  opposition  and  ruling  party,  from  time  to  time  sought  to  appeal 
to  majority  prejudices  by  attacking  Asian  Kenyans,  accusing  them  of  exploiting  and 
usurping  the  natural  inheritance  of  African  Kenyans.  In  March  opposition  leaders 
Kenneth  Matiba  and  Raila  Odinga  verbally  attacked  Asians  and  called  for  the  ex- 
pulsion of  "some  Asians."  President  Moi  led.  the  response  in  rejecting  this  racist  dia- 
tribe, but  at  times  even  he  resorted  to  racist  attacks,  as  in  his  criticism  in  Septem- 
ber of  one  Asian  member  of  the  constitutional  reform  movement,  using  typical  slurs 
directed  at  the  Asian  community. 

The  Government  has  singled  out  the  overwhelmingly  Muslim  ethnic  Somalis  as 
the  only  group  required  to  carry  an  additional  form  of  identification  to  prove  that 
they  are  citizens.  They  must  produce  upon  demand  their  Kenyan  identification  card 
and.  a  second  identification  card  verifying  screening.  Both  cards  are  also  required 
in  order  to  apply  for  a  passport.  The  continued  presence  of  Somali  refugees  has  ex- 
acerbated the  problems  faced  by  Kenyan  Somalis. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Except  for  central  government  civil  servants,  includ- 
ing medicaF  personnel  and  university  academic  staff,  all  workers  are  free  to  join 
unions  of  their  choice.  The  law  provides  that  as  few  as  seven  workers  may  establish 
a  union,  provided  that  the  objectives  of  the  union  do  not  contravene  the  law,  and 
that  another  union  is  not  already  representing  the  employees  in  question. 

The  Government  may  deregister  a  union,  but  the  Registrar  of  Trade  Unions  must 
give  the  union  60  days  to  challenge  the  deregistration  notice.  An  appeal  of  the  Reg- 
istrar's final  decision  may  be  brought  before  the  High  Court.  President  Moi 
deregistered  the  Kenya  Civil  Servants  Union  in  1980.  Since  1989  the  Central  Orga- 
nization of  Trade  Unions  (COTU)  has  sought  to  reverse  this  decision. 

There  are  at  least  33  unions  representing  approximately  350,000  workers,  less 
than  20  percent  of  the  country's  industrial  work  force.  Except  for  the  150,000-mem- 
ber  Kenya  National  Union  of  Teachers,  all  unions  are  affiliated  with  the  one  ap- 
proved central  organ — the  COTU.  The  COTU  leadership  generally  does  not  pursue 
worker's  ri^ts  vigorously.  As  a  result,  most  union  activity  takes  place  at  the  shop 
steward  level,  which  disadvantages  the  average  worker  in  disputes  with  manage- 
ment. 

The  Government  created  COTU  in  1965  as  the  successor  to  the  Kenya  Federation 
of  Labor  and  the  Kenya  African  Workers  Congress.  The  1965  decree  establishing 
COTU  gives  the  President  the  power  to  remove  COTU's  three  senior  leaders  from 
office  and  grants  nonvoting  membership  on  the  executive  board  to  representatives 
of  the  Ministry  of  Labor  and  of  KANU.  A  1993  High  Court  decision  nullified  an  at- 
tempt to  install  leaders  more  acceptable  to  the  Government,  but  the  plotters  refused 
to  vacate  COTU  headquarters.  Following  a  1994  Appellate  Court  order,  however, 
the  Registrar  of  Trade  Unions  agreed  to  recognize  the  old  COTU  leadership.  Al- 
though the  board  is  composed  of  the  leadership  of  affiliated  unions,  it  is  common 
for  KANU  to  provide  funding  and  other  support  for  the  election  of  senior  union  offi- 
cials. For  the  past  few  years,  trade  union  leaders  from  afiiliated  unions  have  sought 
to  bring  about  democratic  reforms  in  the  election  and  appointment  of  labor  officials, 
independence  from  the  Government,  and  establishment  of  links  with  any  political 
party  that  supports  worker  rights.  The  reelection  of  the  COTU  leadership  in  July 
1996  indicated  that  there  would  be  no  major  changes  in  the  near  future.  During  the 
period  prior  to  the  scheduled  1997  national  election,  some  trade  union  leaders  began 
pushing  COTU  to  take  part  in  the  election  reform  dialogue.  The  COTU  leadersnip 
took  a  progovemment  position. 

The  Trade  Disputes  Act  permits  workers  to  strike,  provided  that  21  days  have 
elapsed  following  the  submission  of  a  written  letter  to  the  Minister  of  Labor.  Mem- 
bers of  the  military  services,  police,  prison  guards,  and  members  of  the  National 
Youth  Service  are  precluded  by  law  from  striking.  Other  civil  servants,  like  their 
private  sector  counterparts,  can  strike  following  the  21-day  notice  period  (28  days 
if  it  is  an  essential  service,  such  as  water,  health,  education,  or  air  traffic  control). 
During  this  21-day  period,  the  Minister  may  either  mediate  the  dispute,  nominate 
an  arbitrator,  or  reler  the  matter  to  the  Industrial  Court,  a  body  of  five  judges  ap- 
pointed by  the  President,  for  binding  arbitration.  Once  a  dispute  is  referred  to  either 


174 

mediation,  fact-finding,  or  arbitration,  any  subsequent  strike  is  illegal.  However,  the 
act  gives  the  Minister  of  Labor  broad  discretionary  power  to  determine  the  legality 
of  any  strike. 

The  Minister  used  this  power  to  declare  strikes  by  bank  workers  and  bus  drivers 
illegal,  although  the  required  notice  had  been  given.  The  Government's  response  to 
wildcat  strikes  is  usually  severe.  Several  unions,  including  municipal  workers,  and 
other  civil  servants  held  brief  strikes  for  back  or  increased  wages.  Air  traflic  control- 
lers and  pilots,  as  well  as  the  powerful  independent  Kenya  National  Union  of  Teach- 
ers (KNUT),  initiated  successful  job  actions,  e.g.,  strikes,  sick-outs,  and  work  slow- 
downs, without  government  reprisal.  This  is  due  to  civil  aviation  workers'  critical 
place  in  the  tourist  economy  and  the  potential  to  adversely  aflect  the  country's  inter- 
national air  safety  reputation.  The  Government  quickly  settled  the  teacher's  wage 
dispute  rather  than  risk  antagonizing  the  well-organized  and  influential  teachers 
before  the  general  election.  Notwithstanding  their  success,  workers'  rights  groups 
continue  to  raise  the  general  problem  of  the  Government's  harshness  towards  labor 
with  the  International  Labor  Organization's  (ILO)  Committee  on  Freedom  of  Asso- 
ciation. 

Internationally,  COTU  is  affiliated  with  both  the  Organization  of  African  Trade 
Union  Unity  and  the  International  Confederation  of  Free  Trade  Unions.  Many  of  its 
affiliates  are  linked  to  international  trade  secretariats. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — While  not  having  the  force 
of  law,  the  1962  Industrial  Relations  Charter,  executed  by  the  Government,  COTU, 
and  the  Federation  of  Kenya  Employers,  gives  workers  the  right  to  engage  in  legiti- 
mate trade  union  organizational  activities.  Both  the  Trade  Disputes  Act  and  the 
Charter  authorize  collective  bargaining  between  unions  and  employers.  Wages  and 
conditions  of  employment  are  established  in  negotiations  between  unions  and  man- 
agement. In  1994  the  Government  relaxed  wage  policy  guidelines  to  permit  wage 
increases  of  up  to  100  percent  and  renegotiation  of  collective  agreements.  Collective 
bargaining  agreements  must  be  registered  with  the  Industrial  Court  in  order  to  en- 
sure adherence  to  these  guidelines. 

The  Trade  Disputes  Act  makes  it  illegal  for  employers  to  intimidate  workers.  Em- 
ployees wrongfully  dismissed  for  union  activities  are  generally  awarded  damages  in 
the  form  of  lost  wages  by  the  Industrial  Court;  reinstatement  is  not  a  common  rem- 
edy. More  often,  aggrieved  workers  have  found  alternative  employment  in  the 
lengthy  period  prior  to  the  hearing  of  their  cases. 

Legislation  authorizing  the  creation  of  export  processing  zones  (EPZ's)  was  passed 
in  1990.  The  EPZ  Authority  decided  that  local  labor  laws,  including  the  right  to  or- 
ganize and  bargain  collectively,  would  apply  in  the  EPZ's,  although  it  grants  many 
exemptions  in  practice.  For  example,  the  Government  waived  aspects  of  the  law  that 
prevent  women  from  working  at  night  (see  Section  6.e.).  Labor  and  some  govern- 
ment officials  continued  to  criticize  health  and  safety  conditions  in  the  EPZ's. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  proscribes  slav- 
ery, servitude,  and  forced  labor,  including  forced  and  bonded  labor  by  children.  How- 
ever, under  the  Chiefs'  Authority  Act,  a  local  authority  can  require  people  to  per- 
form community  services  in  an  emergency,  although  this  did  not  occur  in  1997.  The 
ILO  Committee  of  Experts  has  found  that  these  and  other  provisions  of  the  law  con- 
travene ILO  Conventions  29  and  105  concerning  forced  labor. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Em- 
ployment Act  of  1976  makes  the  employment  in  industry  of  children  under  the  age 
of  16  illegal.  The  act  applies  neither  to  the  agricultural  sector,  where  about  70  per- 
cent of  the  labor  force  is  employed,  nor  to  children  serving  as  apprentices  under  the 
terms  of  the  Industrial  Training  Act.  Ministry  of  Labor  officers  nominally  enforce 
the  minimum  age  statute,  and  the  Government  is  making  strong  efforts  to  eliminate 
child  labor,  working  closely  with  the  ILO's  International  Program  for  the  Elimi- 
nation of  Child  Labor.  Kenya  is  a  signatory  to  ILO  Convention  138,  which  sets  the 
minimum  working  age  at  15,  but  applies  a  more  stringent  standard. 

Children  often  work  as  domestic  servants  in  private  homes,  including  those  of  rel- 
atives. Although  there  is  no  widespread  pattern  of  children  being  used  as  forced  or 
bonded  labor,  which  is  prohibited  by  law  (see  Section  6.c.),  there  are  some  cases, 
mostly  in  rural  areas,  oi  children  being  loaned  as  workers  to  pay  ofT  debts.  There 
are  many  instances  of  children  working  in  the  informal  sector,  mostly  in  family 
businesses.  In  commercial  agriculture,  children  usually  assist  parents,  who  are 
small  shareholders,  rather  than  work  as  employees  in  their  own  right.  However,  de- 
teriorating economic  conditions  have  given  rise  to  more  child  labor  in  the  informal 
sector,  which  is  difficult  to  monitor  and  control.  In  addition,  there  has  been  an  in- 
creasing number  of  underage  girls  employed  in  the  sex  industry  (see  Section  5). 
Given  the  high  levels  of  adult  unemployment  and  underemployment,  the  employ- 


175 

ment  of  children  in  the  formal  industrial  wage  sector  in  violation  of  the  Employment 
Act  rarely  occurs. 

e.  Acceptable  Conditions  of  Work. — ^The  legal  minimum  wage  for  blue  collar  work- 
ers in  the  wage  sector  has  12  separate  scales,  varying  by  location,  age,  and  skill 
level.  The  lowest  minimum  wages  were  $34  (1,700  shillings)  per  month  in  urban 
areas  and  $19.50  (955  shillings)  in  rural  areas.  The  minimum  wage  is  insufficient 
to  meet  the  daily  needs  of  a  worker  and  family.  The  annual  2  percent  wage  increase 
had  a  limited  impact  on  worker  income.  Most  workers  relied  on  second  jobs,  subsist- 
ence farming,  informal  sector  opportunities,  or  the  extended  family  for  additional 
support. 

Tne  Regulation  of  Wages  and  Conditions  of  Employment  Act  limits  the  normal 
workweek  to  52  hours,  although  nighttime  emoloyees  may  be  employed  for  up  to 
60  hours  per  week.  Some  categories  of  workers  have  a  shorter  workweek.  As  is  the 
case  with  respect  to  minimum  wage  limitations,  the  act  specifically  excludes  agricul- 
tural workers  from  its  purview.  An  employee  in  the  nonagricultural  sector  is  enti- 
tled to  1  rest  day  per  week.  There  are  also  provisions  for  1  month  of  annual  leave 
and  sick  leave.  Trie  law  also  provides  that  the  total  hours  worked  (i.e.,  regular  time 
plus  overtime)  in  any  2-week  period  for  night  workers  may  not  exceed  144  hours; 
the  limit  is  120  hours  for  other  workers.  Workers  in  some  enterprises  claimed  that 
employers  forced  them  to  work  extra  hours  without  overtime  pay.  The  Ministry  of 
Labor  is  tasked  with  enforcing  these  regulations,  and  there  are  few  reports  of  viola- 
tions. 

The  Factories  Act  of  1951  sets  forth  detailed  health  and  safety  standards;  it  was 
amended  in  1990  to  include  the  agriculture,  service,  and  government  sectors.  The 
65  health  and  safety  inspectors  attached  to  the  Ministry  of  Labor's  Directorate  of 
Occupational  Health  and  Safety  Services  have  the  authority  to  inspect  factories  and 
work  sites.  As  a  result  of  the  1990  amendments,  the  Directorate's  inspectors  may 
now  issue  notices  enjoining  employers  from  practices  or  activities  that  involve  a  risk 
of  serious  personal  injuries.  Previously,  only  magistrates  were  vested  with  this  au- 
thority. Such  notices  can  be  appealed  to  the  Factories  Appeals  Court,  a  body  of  four 
members,  one  of  whom  must  oe  a  High  Court  judge.  The  number  of  factory  inspec- 
tions increased  dramatically  in  1993  and  subsequently  has  continued  at  a  high  level. 
Workers  are  not  forced  by  law  to  remain  in  hazardous  conditions;  however,  many 
would  be  reluctant  to  remove  themselves  because  of  the  high  unemployment  prob- 
lem. 


LESOTHO 

Lesotho  is  a  constitutional  monarchy.  Prime  Minister  Ntsu  Mokhehle  of  the  Leso- 
tho Congress  for  Democracy  (LCD)  party  is  the  head  of  government  and  exercises 
executive  authority.  In  1993  Mokhehle,  then  leader  of  the  Basotholand  Confess 
Party  (BCP),  won  free  and  fair  multi-party  general  elections  that  resulted  in  BCP 
control  of  the  Government  and  the  bicameral  Parliament.  In  June  a  schism  in  the 
BCPs  ranks  led  Mokhehle  to  abandon  the  party  he  formed  in  1952  and  establish 
the  new  Lesotho  Congress  for  Democracy  (LCD)  Party.  He  took  a  majority  of  the 
members  of  the  BCP  with  him,  giving  the  LCD  a  40-seat  majority  in  the  65  member 
House  of  Assembly.  The  BCP  was  relegated  to  minority  opposition  status,  with  only 
23  seats. 

The  BCP  refused  to  accept  its  opposition  status.  Beginning  in  August,  BCP  mem- 
bers refused  to  regularly  attend  parliamentary  sessions  and  tried  to  make  the  coun- 
try ungovernable,  as  opposition  parties  in  the  House  of  Assembly  and  the  appointed 
33-member  Senate  chose  not  to  cooperate  with  the  new  LCD.  Despite  the  fact  that 
the  LCD  Government  was  formed  in  a  constitutional  manner,  the  opposition  claims 
that  the  LCD  is  illegitimate  and  lacks  the  moral  authority  to  rule  because  it  never 
received  an  electoral  mandate.  Under  the  1993  Constitution,  the  King  is  a  ceremo- 
nial monarch  with  no  executive  authority  and  is  proscribed  from  taking  political  ini- 
tiatives. In  1994  King  Letsie  III,  in  collaboration  with  elements  of  the  army,  staged 
a  palace  coup,  unconstitutionally  suspended  Parliament  and  installed  an  appointed 
Ruling  Council.  However,  domestic  and  international  pressures  led  to  a  rapid  return 
of  constitutional  government.  The  judiciary  appears  subject  at  times  to  (jovernment 
and  chieftainship  influence. 

The  security  forces  consist  of  the  Lesotho  Defense  Force  (LDF),  the  Royal  Lesotho 
Mounted  Police  (RLMP),  and  the  National  Security  Service  (NSS).  The  Government 
adopted  legislation  that  brought  these  services  under  more  direct  civilian  control. 
The  LDF  now  answers  to  the  Prime  Minister,  through  the  Ministry  of  Defense.  The 
NSS  is  directly  accountable  to  the  Prime  Minister,  and  the  RLMP  reports  to  the 


176 

Minister  of  Home  Affairs.  Members  of  the  security  forces  on  occasion  committed 
human  rights  abuses. 

Lesotho  is  a  landlocked  country  surrounded  by  South  Africa,  and  is  almost  en- 
tirely dependent  on  its  sole  neighbor  for  trade,  finance,  employment,  and  access  to 
the  outside  world.  A  large  proportion  of  the  adult  male  work  force  is  employed  in 
the  mines  in  South  Africa;  miners'  remittances  account  for  slightly  over  one-third 
of  gross  national  product  (GNP).  Real  GNP  was  projected  by  the  Ministry  of  Plan- 
ning to  grow  at  a  rate  of  5.5  percent  during  1997,  with  inflation  estimatea  at  below 
9  percent  at  year-end.  Per  capita  GNP  was  approximately  $790.  State-owned  organi- 
zations predominate  in  the  agro-industrial  and  agri-business  sectors,  but  private 
sector  activity  dominates  in  the  small  manufacturing  and  construction  sectors. 
Under  the  traditional  chieftainship  system,  the  vast  majority  of  land,  particularly 
in  the  interior,  is  owned  by  the  Crown,  and  managed  in  trust  by  traditional  chiefs 
who  control  land  tenure  and  land  use  rights.  Limited  long-term  (99-year)  leasehold 
rights  for  land  exist  for  farmers,  householders  and  enterprises,  but  is  still  legally 
viewed  as  belonging  to  the  King. 

The  Government  generally  respected  the  human  rights  of  citizens;  however,  there 
continued  to  be  problems  in  some  areas.  Police  occasionally  used  excessive  force 
against  suspects  in  custody.  Discipline  in  the  security  services  improved  somewhat, 
but  a  few  controversial  disturbances  still  occurred.  A  police  mutiny  in  February  re- 
flected entrenched  mistrust  and  competition  between  the  Government  and  some  ele- 
ments within  the  police  force,  and  an  uneasy  institutional  relationship  between  ele- 
ments of  the  police  and  the  army.  It  was  sparked  by  the  Government's  only  attempt 
to  prosecute  anyone  for  extrajudicial  killings  or  other  abuses  committed  in  the  con- 
flicts of  1994  through  1996.  As  a  result  of  their  involvement  in  that  mutiny,  33 
members  of  the  RLMP  face  sedition  and  high  treason  charges.  The  noninvolvement 
of  the  LDF  in  the  police  mutiny  is  a  mark  of  progress  in  its  evolution  away  from 
partisan  politics  toward  a  more  professional  and  cooperative  pattern  of  civil/military 
relations.  In  fact,  the  Army  was  called  on  to  forcibly  quell  the  police  mutiny.  Prison 
conditions  are  poor.  The  Government  did  not  prosecute  any  one  for  extrajudicial 
killings  or  other  abuses  committed  in  the  conflicts  of  1994  through  1996.  For  exam- 
ple, palace  guards  who  opened  fire  on  demonstrators  during  the  1994  palace  coup 
were  given  blanket  amnesty  as  well  as  were  the  members  of  the  coup's  provisional 
government;  and,  also  in  1994  the  Deputy  Prime  Minister  chaired  a  commission  of 
inquiry  for  the  incident  in  which  the  former  Deputy  Prime  Minister  was  shot  and 
killed  allegedly  by  soldiers,  but  the  results  were  not  made  public  and  there  is  no 
indication  that  military  or  law  enforcement  officials  or  palace  guards  were  pros- 
ecuted for  their  involvement  in  incidents  leading  to  these  deaths.  The  security  serv- 
ices reportedly  monitor  telephones  illegally.  Women's  rights  continued  to  be  severely 
restricted,  and  domestic  violence  remained  common.  Government  enforcement  of 
prohibitions  against  child  labor  is  lax  in  commercial  enterprises  involving  hazardous 
conditions.  Societal  discrimination  against  people  with  disabilities  is  common. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  confirmed  reports 
that  officials  were  involved  in  political  or  extrajudicial  killings.  The  commission  of 
inquiry  and  investigation  that  looked  into  the  September  1996  incident  in  which  po- 
lice opened  fire  on  striking  construction  workers  did  not  result  in  any  prosecution 
or  disciplinary  action  against  the  police  involved. 

The  Government  did  not  successfully  prosecute  anyone  for  extrajudicial  killings 
or  other  abuses  committed  in  the  conflicts  caused  by  political  unrest  from  1994 
through  1996.  The  only  initiative  to  do  so  was  the  attempt  to  summon  eight  RLMP 
police  officers  to  appear  before  the  magistrate  court  in  connection  with  the  1995  ex- 
change of  gunfire  at  a  police  station  that  killed  three  police  officers.  They  were 
named  by  a  conunission  of  inquiry  that  concluded  its  work  on  December  1996.  The 
eight  officers'  refusal  to  appear  in  court  led  to  the  10-day  February  police  mutiny, 
which  was  finally  put  down  by  an  LDF  assault  on  central  police  headquarters.  At 
year's  end  they  faced  treason  and  sedition  charges  for  the  mutiny,  but  no  charges 
for  the  1995  killings.  Palace  guards  who  opened  fire  on  demonstrators  during  the 
1994  palace  coup  were  given  blanket  amnesty  as  were  the  members  of  the  coup's 
provisional  government.  In  1994  the  Deputy  Prime  Minister  chaired  a  commission 
of  inquiry  into  the  incident  in  which  the  former  Deputy  Prime  Minister  was  shot 
and  killed,  allegedly  by  soldiers,  but  the  results  were  not  made  public.  There  is  no 
indication  that  military  or  law  enforcement  officials  or  palace  guards  were  pros- 
ecuted for  their  involvement  in  incidents  leading  to  these  deaths. 


177 

The  authorities  also  failed  to  investigate  or  prosecute  any  security  officials  for  the 
extrajudicial  or  summary  killings  committed  during  the  political  unrest  of  1994. 
They  also  failed  to  investigate  1994  reports  of  police  brutality,  as  well  as  pre-1994 
reports  of  deaths  in  police  custody  of  a  number  of  unionists  and  criminal  suspects. 

D.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  or  inhuman  or  degrading  punishment  or  other 
treatment,  and  there  were  no  reports  of  its  use.  However,  there  were  credible  re- 
ports that  police  officers  occasionally  used  excessive  force  against  criminal  suspects 
in  their  custody.  It  was  commonly  alleged  by  NGO's  and  victims  that  police  used 
excessive  force,  in  the  form  of  beatings,  against  criminal  suspects  in  their  custody. 
Some  NGO's  have  alleged  that  police  engage  in  acts  of  torture.  Occasionally  these 
allegations  are  accompanied  by  aoctor's  reports  suggesting  physical  abuse  of  alleged 
victims.  However,  no  police  officer  was  prosecuted  for  such  acts  during  the  year  and 
police  leaders  deny  that  torture  is  practiced  or  is  condoned  as  a  matter  of  policy. 

Prison  conditions  are  poor.  Prison  facilities  are  overcrowded  and  in  disrepair,  but 
conditions  do  not  threaten  the  health  or  lives  of  inmates.  Prison  conditions  are  not 
monitored  independently. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention,  and  there  were  no  known  incidents  of  these  abuses.  However, 
police  mutineers  were  imprisoned  without  charges  from  February  through  Decem- 
ber, and  have  yet  to  be  tried  for  these  charges. 

Persons  detained  or  arrested  in  criminal  cases  and  defendants  in  civil  cases  have 
the  right  to  legal  counsel.  The  1981  Criminal  Procedures  and  Evidence  Act,  as 
amended  in  1984,  makes  provision  for  granting  bail.  Bail  is  granted  regularly. 

The  Government  has  repealed  the  provisions  of  the  1984  Internal  Security  Act 
(ISA)  allowing  for  investigative  detention.  There  is  concern  within  the  legal  frater- 
nity that  the  police  mutineers,  who  were  arrested  in  February,  were  being  held  for 
a  longer  than  usual  period  of  time  and  without  a  trial  by  year's  end.  The  delay  was 
reportedly  due  to  the  fact  that  the  prosecution  had  not  completed  its  investigation. 

A  member  of  the  LDF  was  arrested  and  charged  in  July  with  sedition  and  treason 
for  allegedly  conspiring  to  overthrow  the  Government.  He  is  being  held  at  a  maxi- 
mum security  prison  and  his  trial  is  still  pending. 

Pretrial  detainees  constitute  a  significant  pwrtion  of  total  prison  population,  up  to 
one-half  in  some  locations.  Because  of  the  case  backlog,  periods  of  pretrial  remand 
can  last  several  years. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary. However  magistrates  appear  to  be  subject  at  times  to  government  and 
chieftainship  influence. 

The  judiciary  consists  of  the  court  of  appeal  (which  meets  semiannually),  the  High 
Court,  magistrate's  courts,  and  customary  or  traditional  courts,  which  exist  largely 
in  rural  areas  to  administer  customary  law. 

The  High  Court  also  provides  procedural  and  substantive  advice  and  guidance  on 
matters  of  legal  procedure  to  military  tribunals;  however,  it  does  not  participate  in 
arriving  at  judgments.  Military  tribunals  have  jurisdiction  only  over  military  cases, 
and  their  decisions  may  not  be  appealed.  Both  law  and  custom  severely  limit  the 
rights  of  women  (see  Section  5),  but  court  procedures  and  treatment  of  women  are 
not  blatantly  discriminatory. 

Accused  persons  have  the  right  to  counsel  and  public  trial.  The  authorities  gen- 
erally respect  court  decisions  and  rulings.  There  is  no  trial  by  jury.  Criminal  trials 
are  normally  adjudicated  by  a  single  High  Court  judge  who  presides,  with  two  asses- 
sors serving  in  an  advisory  capacity.  In  civil  cases,  judges  normally  hear  cases 
alone. 

There  were  no  reports  of  political  prisoners.  There  is  no  system  to  provide  public 
defenders. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Al- 
though search  warrants  are  usually  required  under  normal  circumstances,  the  ISA 
provides  police  with  wide  powers  to  stop  and  search  persons  and  vehicles  and  to 
enter  premises  for  similar  purposes  without  a  warrant.  There  are  no  prohibitions 
against  monitoring  telephone  conversations  on  national  security  grounds  and  the  se- 
curity services  are  believed  to  do  so  routinely. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  (jovernment  generally  respected  these  rights  in  practice. 
There  are  several  independent  newspapers — including  one  each  controlled  by  the 
Roman   Catholic   and   Lesotho   Evangelical    Churches,    and   two    English-language 


178 

weekly  newspapers  that  routinely  criticize  the  Government.  The  official  state-owned 
media  consist  of  one  radio  station,  one  local  television  channel  which  broadcasts 
only  one  1-hour  daily  newscast,  and  two  weekly  newspapers,  which  all  faithfully  re- 
flect the  official  positions  of  the  ruling  party.  There  are  no  private  radio  or  television 
stations. 

The  Grovemment  has  withdrawn  all  of  its  advertising  from  a  local  language 
(Sesotho)  newspaper,  which  is  linked  to  a  faction  of  the  BCP.  The  Government  al- 
leged that  the  newspaper  defamed  members  of  the  Cabinet.  Four  cabinet  ministers 
filed  a  civil  lawsuit  against  the  newspapjer,  seeking  compensation  for  the  alleged 
slander  and  defamation.  In  addition,  ruling  party  members  of  Parliament  ques- 
tioned the  newspaper's  editors  at  length,  ana  implicitly  threatened  another  civil 
lawsuit.  The  Hign  Court  later  threw  out  the  lawsuit,  and  ordered  the  ministers  con- 
cerned to  cease  using  a  government  lawyer  to  represent  them  in  the  case,  to  obtain 
private  legal  counsel,  and  to  refrain  from  using  the  attorney  general  in  private  mat- 
ters. The  editor  of  the  newspaper  believes  that  these  actions  amounted  to  press  har- 
assment by  the  Government  and  were  an  effort  to  censor  or  influence  the  editorial 
policy  of  a  private  news  organ.  It  appears  that  this  was  an  effort  by  the  Government 
to  intimidate  and  influence  a  newspaper  editor  who  was  critical  of  its  policies.  How- 
ever, the  newspaper  continues  to  oe  published  and  is  widely  read,  and  there  have 
been  no  other  overt  attempts  to  close  it  or  limit  its  circulation. 

In  September  the  Speaker  of  Parliament  took  an  unprecedented  and  controversial 
step  to  Dan  the  public  and  the  news  media  from  attending  parliamentary  sessions. 
He  claimed  that  some  members  of  the  public,  who  were  taking  sides  in  partisan  de- 
bates between  the  LCD  and  the  BCP,  were  inappropriately  interrupting  the  delib- 
erations, disturbing  the  decorum  of  the  House  oi  Assembly,  and  directing  unaccept- 
able language  toward  Members  of  Parliament.  The  rules  of  Parliament  did  not  allow 
the  Speaker  to  make  a  distinction  between  members  of  the  public  and  the  press  in 
this  matter,  so  the  speaker  banned  both  groups  from  parliamentary  sessions.  This 
ban  was  lifted  in  December  and  the  press  and  public  have  returned  to  the  Par- 
liament's gallery. 

The  Government  fully  respects  academic  freedom.  Although  the  Government  owns 
and  administers  the  country's  only  university,  the  academic  staff  represent  the  full 
political  spectrum  and  are  unhindered  from  expressing  their  views. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Under  a  1993  revision  of  the 
ISA,  a  public  meeting,  rally,  or  march  no  longer  requires  prior  police  permission, 
only  advance  notification.  Tne  police  and  local  authorities  generally  respected  these 
rights  in  practice.  Political  party  meetings  and  rallies  occur  regularly  throughout 
the  country. 

The  Government  did  not  investigate  or  prosecute  any  of  the  security  personnel 
who  killed  and  wounded  several  protesters  at  a  peaceful  1994  progovemment  dem- 
onstration. 

The  Constitution  provides  for  freedom  of  association.  Although  the  Government 
generally  respects  this  right  in  practice,  in  July  and  August  the  Government  briefly 
banned  all  demonstrations  at  the  royal  palace  after  opposition  parties  marched 
there  to  protest  to  the  King  the  formation  of  the  LCD.  The  Ministry  of  Interior  stat- 
ed that  the  King  could  not  be  presented  with  petitions  personally  because  he  had 
no  mechanism  of  addressing  petitions  outside  the  cabinet  and  the  Government. 

In  addition  to  the  BCP  ana  the  Basotholand  National  Party  (BNP),  there  are  sev- 
eral smaller  political  parties. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  jgenerally  are  able  to  move  freely  within  the  country  and  across 
national  boundaries.  The  Government  places  no  obstacles  in  the  way  of  citizens  who 
wish  to  emigrate. 

In  1994  the  Government  allowed  about  25  refugees  to  register  with  the  United 
Nations  Hi^  Commissioner  for  Refugees  (UNHCRj  to  study  in  I^esotho.  They  were 
expected  to  return  to  their  countries  of  first  asylum  after  completing  their  studies. 
Other  than  these  students,  Lesotho  has  no  resident  refugee  population.  There  is  no 
clear  policy  on  first  asylum  or  forcible  return  of  refugees,  but  the  Ministry  of  For- 
eign Affairs  officials  indicate  that  they  would  consult  with  the  UNHCR  in  specific 
cases. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
Citizens  exercised  this  right  in  1993  in  the  first  multiparty  democratic  elections 
in  more  than  20  years.  The  BCP  won  control  of  the  National  Assembly.  Despite  its 
landslide  electoral  victory,  the  BCP  Government  was  forced  to  contend  with  a  num- 


179 

ber  of  challenges  to  its  power  in  1994.  Those  challenges  culminated  in  August  1994 
when  King  Letsie  III,  with  LDF'  backing,  exceeded  his  constitutional  authority  when 
he  unconstitutionally  suspended  the  Parliament  and  installed  a  Ruling  Council. 
Many  citizens  responded  by  demonstrating  their  support  for  the  democratically 
elected  BCP  Government.  Organized  labor  and  others  held  two  national  demonstra- 
tions— "stay  aways"  from  work — to  demonstrate  support  for  the  ousted  Government, 
and  there  were  numerous  rallies  at  the  National  University.  As  a  result  of  both  do- 
mestic and  international  pressure,  the  King  reversed  himself,  and  the  BCP  regained 
control  of  the  Government. 

The  1994  memorandum  of  understanding  between  King  Letsie  III  and  Prime  Min- 
ister Mokhehle — which  was  brokered  by  South  Africa,  Botswana,  and  Zimbabwe — 
called  for  the  reinstatement  of  the  Kings  father,  Moshoeshoe  II,  who  had  been  de- 
posed by  the  previous  military  government  and  exiled  in  1990;  as  well  as  steps  to 
Droaden  the  political  process.  The  1994  suspension  of  the  Constitution  by  King 
Letsie  III,  although  short-lived,  highlighted  tne  fragility  of  constitutional  rule.  In 
early  1995,  Moshoeshoe  II  was  reinstated  as  King.  However,  King  Letsie  III  was 
again  sworn  in  as  King  in  January  1996,  upon  the  death  of  his  father.  The  formal 
coronation  of  King  Letsie  III  was  held  on  October  31. 

Preparations  are  underway  for  the  second  consecutive  national  multiparty  elec- 
tions, which  are  scheduled  for  April  and  May,  1998. 

There  are  no  legal  impediments  to  women's  participation  in  government  or  poli- 
tics, but  women  remained  underrepresented.  There  are  2  women  in  the  65-member 
House  of  Assembly  and  7  women  in  the  33-member  Senate.  Both  the  Minister  of 
Transportation  and  Communication  and  the  Deputy  Speaker  of  the  House  of  Assem- 
bly are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Government  did  not  hinder  the  activities  of  various  nongovernmental  human 
rights  groups.  These  groups  freely  criticized  both  the  Government  and  the  short- 
lived Ruling  Council.  The  Government  was  cooperative  during  an  Amnesty  Inter- 
national visit  in  1994. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  color,  sex,  language,  reli- 
gion, political  or  other  opinion,  national  or  social  origin,  birth  or  other  status,  and 
the  Government  generally  respected  these  prohibitions  in  practice.  However,  the 
Constitution  also  recognizes  customary  law  as  a  parallel  legal  system,  and  women 
have  severely  restricted  inheritance  and  property  rights  under  the  traditional 
chieftainship  system  (see  Section  5,  Women;. 

Women. — Domestic  violence,  including  wife  beating,  occurs  frequently.  Reliable 
statistics  are  not  available,  but  the  problem  is  believed  to  be  widespread.  In  Basotho 
tradition  a  wife  may  return  to  her  "maiden  home"  if  physically  abused  by  her  hus- 
band. Under  common  law,  wife  beating  is  a  criminal  offense  and  defined  as  assault. 
Women  have  severely  restricted  inheritance  and  property  rights  under  the  tradi- 
tional chieftainship  system  which  is  recognized  under  the  Constitution.  However, 
few  domestic  violence  cases  are  brought  to  trial.  Women's  rights  organizations,  such 
as  the  local  chapter  of  the  International  Federation  of  Women  Lawyers,  have  taken 
a  leading  role  in  educating  women  regarding  their  rights  under  customary  and  com- 
mon law,  highlighting  the  importance  of  women  fully  participating  in  the  democratic 
process. 

Children. — The  Government  has  not  adequately  addressed  directly  children's 
rights  and  welfare  issues,  although  it  has  devoted  substantial  resources  to  primary 
and  secondary  education.  Education  is  not  compulsory  even  for  the  primary  levels, 
and  there  are  significant  instances  particularly  in  rural  areeis,  where  children  do  not 
attend  school  because  they  are  involved  in  subsistence  activities  in  support  of  their 
family's  welfare,  or  families  cannot  afford  the  costs  associated  with  school  attend- 
ance (for  example,  fees  for  purchase  of  uniforms,  books,  and  materials;.  This  prob- 
lem of  school  nonattendance  affects  boys  disproportionately  more  than  girls.  In  tra- 
ditional rural  Basotho  society,  livestock  herding  by  young  boys  is  a  rite  of  passage 
and  a  prerequisite  to  manhood  in  the  community.  There  is  no  pattern  of  societal 
abuse  against  children,  but  many  children  work  at  a  young  age  (see  Section  6.d.). 

People  With  Disabilities. — Discrimination  against  physically  disabled  persons  in 
employment,  education,  or  provision  of  other  public  or  government  services  is  un- 
lawful. However,  societal  discrimination  against  the  disabled  is  common.  The  Gov- 
ernment has  not  legislated  or  mandated  accessibility  to  public  buildings  for  the  dis- 
abled. 


180 

National  I  Racial  I  Ethnic  Minorities. — Most  citizens  speak  a  common  language  and 
share  common  historical  and  cultural  traditions.  Small  numbers  of  Asians  (pri- 
marily ethnic  Chinese  and  Indians)  and  South  African  whites  are  active  in  the  coun- 
try's commercial  life.  Economic  and  racial  tension  between  the  Chinese  business 
community,  specifically  textile  and  garment  industry  employers,  and  the  Basotho  re- 
mained a  problem. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  have  the  legal  right  to  join  or  form  unions 
without  prior  government  authorization,  with  the  exception  of  civil  servants. 

The  Labor  Code  specifically  prohibits  civil  servants  from  joining  unions.  The  Gov- 
ernment regards  all  work  by  civil  servants  as  essential.  In  a  judgment  by  the  Leso- 
tho High  Court  in  June  concerning  a  2-year-old  petition  filed  by  the  Lesotho  Union 
of  Public  Servants  (LUPE)  against  the  registrar  of  law.  Chief  Justice  Kheola  dis- 
missed LUPE's  application  on  the  grounds  that  it  was  not  consistent  with  the  labor 
code.  The  LUPE  filed  an  appeal.  The  Ministry  of  Labor  lacks  adequate  numbers  of 
investigators  to  systematically  review  these  claims  by  trade  unionists.  Union  leaders 
believe  little  government  action  has  been  taken  to  remedy  this  situation. 

Under  the  1993  Labor  Code,  prepared  with  the  assistance  of  the  International 
Labor  Organization  (ILO),  all  trade  union  federations  require  government  registra- 
tion. There  are  two  small  trade  union  federations  that  rarely  cooperate  with  each 
other,  the  Lesotho  Trade  Union  Congress  and  the  Lesotho  Federation  of  Democratic 
Unions.  Unions  are  not  formally  affiliated  or  tied  to  political  parties. 

The  labor  and  trade  union  movement  is  very  weak  and  fragmented.  There  are  sev- 
eral small  unions  in  the  public  and  industrial  sectors  but  there  is  no  unified  trades 
union  congress.  There  are  cases  of  multiple  unions  competitively  organizing  small 
numbers  of  workers  in  the  same  sector.  Overall,  unionized  workers  represent  only 
about  10  percent  of  the  work  force.  Consequently,  efTorts  toward  collective  bargain- 
ing and  tripartite  policy-making  are  not  amenable  to  strong  trade  union  influences. 

There  is  credible  evidence  that  many  employers  inhibit  union  representatives  and 
organizers  from  gaining  access  to  employer  premises  to  organize  workers  or  rep- 
resent them  in  disputes  with  owners  or  managers. 

A  large  percentage  of  the  male  labor  force  works  in  the  gold  and  coal  mines  of 
South  Africa.  The  remainder  are  primarily  engaged  in  traditional  agriculture.  A  ma- 
jority of  Basotho  mine  workers  are  members  of  the  South  African  National  Union 
of  Mineworkers  (NUM).  However,  as  a  foreign  organization,  the  NUM  is  not  per- 
mitted to  engage  in  union  activities  in  Lesotho. 

No  legally  sanctioned  strike  has  occurred  since  independence  in  1966.  Legal  pro- 
tection for  strikers  against  retribution  is  not  always  enforced  in  cases  of  illegal 
strikes.  In  late  August,  workers  at  the  state-owned  Lesotho  Telecommunications 
Corporation  (LTC)  began  an  industrial  action  that  led  to  a  lock-out,  but  ofiicials 
called  it  an  illegal  strike.  The  LTC  Board  of  Governors  filed  an  urgent  application 
in  the  Lesotho  High  Court  requesting  the  Court  to  bar  workers  from  the  LTC  prem- 
ises. In  October  the  High  Court  ruled  in  favor  of  the  Board  of  Governors  that  these 
employees  were  illegally  on  strike.  Subsequently,  the  Board  fired  over  300  techni- 
cians and  other  auxiliary  staff  members  and  denied  them  severance  and  other  bene- 
fits. The  workers  appealed  for  a  reversal  against  this  allegedly  wrongful  and  unfair 
dismissal. 

The  Government  was  successful  in  negotiating  the  reinstatement  of  employees  fol- 
lowing several  illegal  strikes  in  1995  and  1996.  Security  forces  violently  suppressed 
strikes  in  the  textile,  garment,  and  construction  industries  during  1994  and  once 
during  1996. 

There  were  no  instances  of  governmental  restrictions  on  international  affiliations 
or  contacts  by  unions  or  their  members. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — All  legally  recognized  trade 
unions  in  principle  enjoy  the  right  to  organize  and  bargain  collectively,  but  in  prac- 
tice the  authorities  often  restrict  these  rights.  Employers  are  often  not  cooperative 
in  this  area.  Employees  are  often  threatened  with  expulsion  and  loss  of  employment 
once  they  join  unions.  There  is  credible  evidence  that  some  employers  in  the  textile 
and  garment  sector  engage  in  the  use  of  blacklists  to  deny  employment  to  workers 
who  have  been  fired  by  one  employer  within  that  sector.  Although  there  was  some 
collective  bargaining  activity  between  unions  and  employers  to  set  wage  and  benefit 
rates,  employers  generally  continued  to  set  wage  rates  through  unilateral  action. 

There  is  a  large  backlog  of  industrial  dispute  cases  on  the  docket  of  the  Labor 
Court,  which  has  only  one  labor  judge  who  is  only  now  dealing  with  cases  filed  in 
1995. 


181 

There  are  several  industrial  zones,  in  which  mostly  textile  and  apparel  firms  en- 
gage in  manufacturing  for  export.  All  national  labor  laws  apply  in  tnese  industrial 
zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Government  specifically  pro- 
hibits forced  and  bonded  labor  by  children,  and  there  were  no  reports  that  it  oc- 
curred. The  1987  Employment  Act  prohibits  forced  or  compulsory  labor,  and  there 
is  no  indication  that  such  labor  is  practiced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Em.ployment. — The  Gov- 
ernment specifically  prohibits  forced  and  bonded  labor  by  children,  and  there  were 
no  reports  that  it  occurred  (see  Section  6.c.). 

The  legal  minimum  age  for  employment  in  commercial  or  industrial  enterprises 
is  14.  In  practice,  however,  children  under  age  14  are  often  employed  in  the  textile 
and  garment  sector  and  in  family-owned  businesses.  As  much  as  15  percent  of  the 
textile  work  force  of  some  15,000  may  be  children  between  the  ages  of  12  and  15, 
according  to  a  1994  study  by  a  foreign  government.  After  visiting  all  14  of  Lesotho's 
nonpartisan  garment  producers  in  1994,  the  ILO,  responding  to  a  complaint  by 
trade  unions  in  the  textile  and  clothing  industry,  was  not  able  to  confirm  the  unions' 
allegation  of  illegal  child  labor. 

There  are  prohibitions  against  the  employment  of  minors  in  commercial,  indus- 
trial, or  nonfamily  enterprises  involving  hazardous  or  dangerous  working  conditions, 
but  enforcement  is  very  lax.  The  Ministry  of  Labor  and  Employment's  Inspectorate 
is  severely  understaffed.  Young  people  under  18  years  of  age  may  not  be  recruited 
for  employment  outside  of  the  country.  In  traditional  society,  the  rigorous  and  occa- 
sionally dangerous  working  conditions  for  the  country's  young  livestock  herdboys  are 
considered  a  rite  of  passage  and  a  prerequisite  to  manhood  within  rural  Basotho 
culture  which  is  beyond  the  reach  of  labor  laws  (see  Section  5  Children.) 

e.  Acceptable  Conditions  of  Work. — Wages  are  low.  The  monthly  minimum  wage 
for  unskilled  labor  is  $68  (320  maloti);  for  a  heavy  vehicle  operator  it  is  $131  (616 
maloti).  Minimum  wages  in  lower  skilled  jobs  are  insufficient  to  ensure  a  decent 
standard  of  living  for  a  worker  and  family.  Most  wage  earners  supplement  their  in- 
come through  subsistence  agriculture  or  remittances  from  relatives  employed  in 
South  Africa.  Many  employers  now  pay  more  than  minimum  wages  in  an  enort  to 
attract  and  retain  motivated  employees.  There  are  also  indications  that  some  em- 
ployers, especially  in  export  sectors,  treat  the  minimum  wage  as  a  maximum  wage, 
rather  than  a  minimum.  This  situation  is  made  possible  by  the  high  levels  of  unem- 
ployment and  underemployment,  which  ofTer  a  large  pool  of  surplus  unskilled  labor 
that  bids  down  wage  rates  and  undermines  job  security  for  workers  who  make  de- 
mands for  better  wages  and  conditions  of  work. 

The  labor  code  spells  out  basic  worker  rights,  including  a  maximum  45-hour  work- 
week, a  weekly  rest  period  of  at  least  24  hours,  12  days  of  paid  leave  per  year,  and 
paid  public  holidays.  The  labor  code  requires  employers  to  provide  adequate  light, 
ventilation,  and  sanitary  facilities  for  employees  and  to  install  and  maintain  ma- 
chinery in  a  manner  designed  to  minimize  the  risk  of  injury.  In  practice  employers 
generally  follow  these  regulations  only  within  the  wage  economy  in  urban  areas, 
and  the  Ministry  of  Labor  and  Employment  enforces  the  regulations  haphazardly. 
The  Labor  Code  does  not  explicitly  protect  the  right  of  workers  to  remove  them- 
selves from  hazardous  situations  without  prejudice  to  employment.  However,  Labor 
Code  sections  on  safety  in  the  workplace  and  dismissal  imply  that  dismissal  in  such 
circumstances  would  be  illegal. 


LIBERIA 

After  more  than  7  years  of  civil  war,  implementation  of  the  August  1996  Abuja 
Peace  Accord  restored  peace  to  Liberia.  The  human  costs  of  the  war  were  im- 
mense— 200,000  war-related  deaths,  1.2  million  persons  displaced  internally,  and 
approximately  750,000  refugees  in  neighboring  countries. 

Under  the  provisions  of  the  Abuja  Accords,  presidential  and  legislative  elections 
were  held  on  July  19  for  the  first  time  in  12  years.  Thirteen  political  parties  com- 
peted, including  the  parties  of  the  three  major  former  faction  leaders — Charles  G. 
Taylor,  Alhaji  Kromah,  and  George  Boley.  Charles  Taylor  won  the  presidency  with 
over  three-quarters  of  the  votes  cast  and  his  party,  the  National  Patriotic  Party, 
won  control  of  both  houses  of  the  legislature.  The  elections  were  judged  free  and 
transparent  by  international  observers.  Taylor  was  inaugurated  as  President  on  Au- 
gust 2  and  promised  to  give  high  priority  to  national  reconciliation,  human  rights, 
the  rule  of  law,  ensuring  a  stable  environment  for  economic  development,  and  elimi- 


182 

nating  corruption.  The  judiciary  is  subject  to  political  influence,  outside  pressure, 
and  corruption. 

Approximately  10,500  West  African  peacekeepers  (ECOMOG)  were  deployed 
throughout  the  country,  providing  the  security  that  facilitated  disarmament,  demo- 
bilization, the  holding  of  national  elections,  and  the  return  of  some  refugees.  More 
than  20,000  weapons  and  over  10  million  rounds  of  ammunition  were  turned  in  to 
ECOMOG  between  November  1996  and  February  1997,  the  end  of  the  period  for  vol- 
untary disarmament.  Demobilization  and  reintegration  programs  for  tne  more  than 
20,000  former  combatants  who  disarmed  (21  percent  of  whom  were  former  child 
fighters  under  age  17)  were  established  but  many  former  combatants  were  unable 
to  participate.  While  significant  disarmament  was  achieved,  factional  command  and 
control  structures  were  not  completely  dismantled  and  remained  largely  in  place. 
ECOMOG  remained  the  key  militaiy  force  supporting  the  Liberian  National  Transi- 
tion Governments  (LNTG)  III  and  IV  as  well  as  the  new  Taylor  administration.  In 
December  ECOMOG  began  drawing  down  its  troops  in  preparation  for  leaving  the 
country;  an  agreement  for  a  continued  ECOMOG  presence  was  being  negotiatecT  For 
the  past  7  years,  ECOMOG  assumed  many  police  powers  in  the  absence  of  a  central 
government  capability.  The  outlook  for  maintenance  of  security  after  ECOMOG's  de- 
parture remains  unclear.  Although  the  ECOMOG  peacekeeping  force  generally 
maintained  internal  discipline,  there  were  a  number  of^  incidents  in  which  individual 
ECOMOG  soldiers  killed  and  tortured  civilians. 

As  an  institution,  the  Armed  Forces  of  Liberia  (AFL)  remained  largely  inactive. 
In  October  the  Government  announced  that  it  would  begin  restructuring  the  AFL, 
although  the  Abuja  Accords  stated  that  ECOMOG  was  to  restructure  the  AFL.  The 
President's  decision  resulted  in  a  very  public  dispute  between  him  and  the 
ECOMOG  force  commander.  The  new  Taylor  administration  also  sought  to  move 
4,000  largely  Krahn  AFL  troops  and  their  families  from  the  central  barracks  in 
downtown  Monrovia  to  the  outskirts  of  the  capital,  creating  tension  between  the 
AFL  troops  and  the  new  Government. 

Under  the  LNTG  III  and  IV  Governments,  the  Liberia  National  Police  (LNP)  and 
the  National  Security  Agency  (NSA),  which  report  to  the  Ministry  of  Justice,  to- 
gether with  the  Special  Security  Services  (SSS),  which  report  directly  to  the  Head 
of  State,  were  responsible  for  internal  security,  but  they  lacked  the  resources  and 
training  to  function  effectively.  After  Taylor's  inauguration  in  August,  his  adminis- 
tration made  security  a  top  priority,  placing  many  NPFL  former  combatants  in  the 
security  apparatus.  In  September  Taylor  reappointed  as  police  director  his  cousin, 
who  was  known  to  have  directed  and  participated  in  the  looting  of  Monrovia  in  April 
and  May  1996.  In  October  the  President  announced  that  a  1,000-man  paramilitary 
force  would  be  armed  and  deployed  along  the  border  with  Sierra  Leone  to  prevent 
a  spillover  of  hostilities  from  that  country.  By  year's  end,  the  administration  had 
placed  several  hundred  unarmed  NSA  and  SSS  ofTicials  at  major  border  crossing 
points  with  Cote  d'lvoire,  Guinea,  and  Sierra  Leone.  Members  of  the  security  forces 
committed  human  rights  abuses. 

The  economy,  ravaged  by  civil  war,  remained  in  severe  disarray.  The  Taylor  ad- 
ministration inherited  an  external  debt  estimated  at  over  $2  billion  and  over  $230 
million  in  domestic  debt.  No  reliable  information  on  the  gross  domestic  product  was 
available.  Prior  to  1990,  the  cash  economy  was  based  primarily  on  iron  ore,  rubber, 
timber,  diamond,  and  gold  exports.  Eighty-five  percent  unemployment,  a  15  percent 
literacy  rate,  the  continued  internal  displacement  of  civilians,  and  the  absence  of  in- 
frastructure throughout  the  country  continued  to  depress  productive  capacity,  de- 
spite the  country's  rich  natural  resources  and  potential  self-sufficiency  in  food.  Gov- 
ernment officials,  businessmen,  and  former  combatants  continued  to  exploit  the 
wealth  of  the  country,  logging  old  growth  timber  through  environmentally  unsound 
mining  methods,  and  illegally  tapping  rubber  trees  in  plantations  under  their  con- 
trol. Profits  from  these  illicit  enterprises  were  used  for  personal  benefit.  In  Decem- 
ber the  President  announced  that  a  new  currency  would  be  introduced  in  1998  to 
replace  the  two  separate  currencies  that  were  in  use  in  different  parts  of  the  country 
in  addition  to  the  U.S.  dollar,  which  is  also  legal  currency.  The  new  currency  was 
designed  to  address  the  multiple  currencies  problem,  which  had  hindered  economic 
activity. 

The  Government's  human  rights  record  was  poor,  and  there  were  serious  prob- 
lems in  many  areas;  however,  there  was  some  improvement  in  comparison  with 
1996.  Security  provided  throughout  the  country  by  ECOMOG  and  the  largely  suc- 
cessful disarmament  program  Ted  to  a  decline  in  human  rights  abuses  prior  to  Sep- 
tember; however,  abuses  increased  towards  the  end  of  the  year.  Security  forces  com- 
mitted extrajudicial  killings;  however,  it  was  difficult  to  distinguish  in  many  cases 
whether  some  killings  were  a  result  of  political,  criminal,  ethnic,  or  other  motives. 
Security  forces  were  responsible  for  a  number  of  disappearances.  Security  forces 


183 

beat  citizens,  and  the  Ministry  of  Internal  Affairs  used  torture  to  coerce  confessions. 
Conditions  in  jails  remained  life  threatening,  and  police  and  other  security  forces 
at  times  arbitrarily  arrested  and  detained  persons  and  infringed  on  citizens'  privacy 
rights.  On  two  occasions,  the  Government  investigated  or  punished  security  force 
members  for  offenses.  The  judicial  system,  hampered  by  ineniciency,  corruption,  and 
a  lack  of  resources,  was  reconstituted  in  April  with  the  installation  of  a 
defactionalized,  independent  Supreme  Court  to  decide  disputes  arising  from  the  na- 
tional elections.  However,  after  his  election.  President  Taylor,  exercising  his  con- 
stitutional prerogative,  installed  a  new  Supreme  Court.  The  judiciary  was  generally 
unable  to  provide  citizens  in  all  parts  of  the  country  with  their  rights  to  due  process 
and  a  fair  trial  due  to  lack  of  resources.  The  Government  limited  freedom  of  speech 
and  the  press;  security  forces  intimidated  and  occasionally  beat  journalists,  and 
journalists  often  practiced  self-censorship.  The  Government  restricted  freedom  of 
movement.  Unfavorable  conditions  limited  the  return  of  refugees  from  neighboring 
countries,  as  well  as  former  combatants  who  were  not  relocated  after  disarmament. 
However,  by  December  more  than  100,000  refugees  and  internally  displaced  persons 
had  returned  to  their  previous  home  areas.  Approximately  1.5  million  citizens  de- 
pend upon  humanitarian  assistance  to  survive.  At  year's  end,  authorities  increased 
the  harassment  of  democracy  and  human  rights  groups.  Violence  and  discrimination 
against  women,  and  violence  against  children  are  longstanding  problems.  The  prac- 
tice of  female  genital  mutilation  (FGM)  persisted,  although  apparently  on  a  much 
reduced  scale.  Discrimination  against  religious  and  ethnic  minorities  remained  a 
problem.  Forced  labor,  including  by  children,  was  a  problem,  and  authorities  pro- 
vided little  protection  for  worker  rights.  Ritualistic  killings  and  vigilante  justice  con- 
tinued. 

No  progress  was  made  in  resolving  outstanding  incidents  of  past  human  rights 
abuses,  despite  the  appeal  of  many  local  and  international  organizations.  The  Taylor 
administration  enacted  a  controversial  bill  in  October  to  create  a  Human  Rights 
Commission,  which  was  limited  to  investigating  only  current  and  future  human 
rights  abuses,  with  no  power  to  compel  the  testimony  of  witnesses  and  no  govern- 
ment funding  to  conduct  its  activities.  In  December  President  Taylor  appointed  a 
former  rival,  Alhaji  Kromah,  as  chairman  of  the  commission  on  national  reconcili- 
ation; however,  the  commission  was  not  constituted  or  functioning  by  year's  end. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — The  incidence  of  political  and 
extrajudicial  violence  and  killing  decreased  in  comparison  with  1996,  but  violence 
and  killings  increased  during  the  last  months  of  the  year.  It  was  often  diflicult,  how- 
ever, to  distinguish  between  political,  criminal,  or  ethnic  killings.  Members  of  the 
security  forces  committed  a  number  of  extrajudicial  killings. 

On  January  16,  nine  people,  including  five  former  fighters  of  the  ULIMO-Krahn 
faction,  were  ambushed  and  killed  on  the  Tubmanburg  highway  in  Bomi  County, 
allegedly  by  former  members  of  the  Congo  Defense  Force.  Also  in  January,  a 
Mandingo  taxi  driver  was  brutally  murdered  in  Monrovia.  The  killing  led  to  a  wild- 
cat strike  of  taxi  drivers,  most  of  whom  are  Mandingos,  who  claimed  continued  anti- 
Mandingo  bias  in  the  society  (see  Section  5).  In  March  a  senior  government  official 
from  the  Ministry  of  Finance  was  killed  in  his  home  in  the  course  of  an  apparent 
robbery.  Some  observers  believe  that  he  was  killed  to  conceal  alleged  governmental 
financial  mismanagement. 

In  August  and  September,  a  number  of  bodies  of  individuals  killed  in  suspicious 
circumstances  were  discovered  in  Monrovia,  for  example,  the  body  of  an  unidentified 
adult  male  was  found  on  the  lawn  of  a  former  finance  minister  who  belongs  to  the 
Mandingo  ethnic  group.  In  August  a  female  teacher  and  major  opposition  party  sup- 
porter was  killed  by  an  unknown  assailant.  Thirteen  bodies  were  found  in  the  2- 
month  period.  There  is  no  conclusive  evidence  whether  the  killings  were  criminally 
or  politically  motivated.  There  have  been  no  leads  as  to  the  perpetrators. 

In  October  police,  alleging  an  escape  attempt,  fatally  shot  a  suspected  armed  rob- 
ber, there  are  unconfirmed  reports  that  he  was  shot  in  the  back  of  the  head  at  close 
range  and  that  he  had  ties  to  a  major  opposition  political  party.  Also  in  October, 
Monrovia  city  police  beat  a  taxi  driver  to  death  for  a  minor  vehicle  violation.  No 
action  was  taken  against  the  police.  On  November  29,  government  security  person- 
nel detained  opposition  political  leader  Samuel  Saye  Dokie  and  three  family  mem- 
bers at  a  checkpoint  near  Gbarnga,  Bong  County.  The  Dokies  disappeared.  Their 
mutilated,  burned  bodies  were  discovered  3  days  later.  The  head  of  the  SSS  admit- 
ted that  he  had  ordered  the  Dokies'  arrest,  but  disavowed  participation  in  or  knowl- 
edge of  the  Dokies'  murder.  Five  suspects,  including  at  least  three  SSS  officers  in- 


184 

volved  in  the  Dokie  abduction,  were  subsequently  arrested;  they  were  awaiting  trial 
at  year's  end.  On  December  19,  a  34-year-old  man,  who  had  been  beaten  brutally 
by  police,  died  while  in  custody  in  Monrovia.  At  year's  end,  no  action  had  been 
taken  against  the  police. 

At  least  two  persons  died  in  detention  facilities  due  to  harsh  conditions  and  ofii- 
cial  negligence  (see  Section  I.e.). 

The  results  of  the  investigation  into  the  October  1996  assassination  attempt 
against  Charles  Taylor  was  never  made  public. 

Ritualistic  killings,  in  which  young  people  are  murdered  and  body  parts  extracted, 
continued.  Incidents  included:  In  February  an  18-year-old  boy  in  Gardnersville,  a 
Monrovia  suburb;  in  March  in  Junction,  Grand  Cape  Mount  county,  a  young  woman; 
in  May  a  1-month  old  baby  in  Caldwell,  Montserrado  county;  also  in  May,  a  fisher- 
man in  Grand  Bassa  county;  in  October,  a  2-year-old  girl  in  Buchanan,  Grand  Bassa 
county;  and  a  young  man  from  Monrovia  in  September.  No  police  action  has  been 
reported  against  such  practices. 

Vigilante  justice  also  continued.  In  February  civilians  in  Monrovia  caught  and 
beat  to  death  a  known  rapist  and  armed  robber  after  police  refused  to  take  the  sus- 
pect into  custody.  The  police  subsequently  took  no  action. 

No  progress  was  made  in  investigating  the  many  killings  from  previous  years,  in- 
cluding two  massacres  in  Sinje,  Grand  Cape  Mount  county  in  1996.  There  was  no 
progress  in  the  case  of  the  canibalization  of  a  university  student  referred  to  civil 
authorities  by  ECOMOG  or  the  canibalization  of  the  AFL  Chief  of  Staff  in  1996. 

There  was  no  further  developments  in  the  discovery  of  mass  graves  in  1996.  None 
of  the  equipment  stolen  from  international  agencies  was  returned  and  none  of  those 
who  stole  relief  supplies  and  food  in  1996  were  tried  or  punished  for  their  crimes. 

Although  ECOMOG  generally  maintained  internal  discipline,  there  were  a  num- 
ber of  incidents  in  which  individual  ECOMOG  soldiers  killed  civilians.  In  February 
ECOMOG  soldiers  were  involved  in  the  death  of  a  man  in  Vonzula,  Grand  Cape 
Mount  county.  In  May  during  a  cordon-and-search  operation  for  illegal  weapons  at 
Lajoy  gold  mine.  Grand  Cape  Mount  county,  ECOMOG  soldiers  tortured  and  mur- 
dered two  men.  In  June  ECOMOG  soldiers  also  beat  to  death  a  man  in  Sanoyea, 
Bong  county  while  interrogating  him.  There  was  no  reported  investigation  of  the  in- 
cident or  punishment  of  the  soldiers  involved. 

b.  Disappearance. — There  were  no  confirmed  reports  of  disappearances  per- 
petrated by  ECOMOG  or  the  LNTG  III  regular  police  or  security  forces.  However, 
there  were  credible  reports  that  security  forces  were  involved  in  such  disappear- 
ances. Members  of  the  joint  security  forces  of  the  LNTG  IV  in  May  attacked  and 
beat  the  general  commander  of  a  police  station  in  Monrovia  who  later  disappeared. 
In  December  four  persons  incarcerated  in  the  (Gbarnga)  Bong  county  detention  facil- 
ity disappeared.  Tnere  have  been  confirmed  disappearances  of  a  few  people  and  sev- 
eral opposition  activists  and  businessmen  are  missing  or  otherwise  unaccounted  for 
at  year's  end. 

There  were  credible  reports  that  a  number  of  demobilized  child  fighters,  who  had 
been  reunited  with  their  families,  were  abducted  again  by  members  of  their  former 
warring  factions  for  forced  labor  (see  Section  5). 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  and  other  degrading  treatment;  however,  govern- 
ment security  forces  beat  persons,  and  the  Ministry  of  Internal  Affairs  used  torture 
to  coerce  confessions. 

During  the  latter  part  of  the  year,  there  were  numerous  credible  reports  of  gov- 
ernment security  forces  beating  and  intimidating  journalists  (see  Section  2. a.),  as 
well  as  beating  civilians  for  minor  offenses. 

The  Ministry  of  Internal  Affairs  used  torture  to  coerce  confessions.  Although  the 
Supreme  Court  ruled  that  "trial  by  ordeal,"  or  "sassywood" — commonly,  the  place- 
ment of  a  burning  metal  object  on  a  suspect's  body  to  induce  confession  in  a  criminal 
investigation — is  unconstitutional,  the  Ministry  of  Internal  Affairs  continued  to  have 
licensed  agents  who  subjected  suspects  to  this  practice  at  the  Ministry.  A  lawsuit 
brought  in  1994  for  injuries  resulting  from  sassywood  is  still  pending  before  the  Su- 
preme Court. 

In  September  joint  security  forces  and  ECOMOG  troops  wounded  six  people  at  the 
Bridgestone/Firestone  rubber  plantation  in  Harbel,  Margibi  county,  during  a  labor 
strike  (see  Section  6.e.). 

After  the  end  of  the  period  for  voluntary  disarmament  in  February,  some 
ECOMOG  troops  detained  more  than  50  former  fighters  during  nationwide  cordon- 
and-search  operations  for  weapons.  Many  of  these  lormer  combatants  reported  being 
tortured  to  elicit  information  about  illegal  weapons;  they  were  then  incarcerated  in 
the  Monrovia  Central  Prison.  The  prisoners  were  never  charged  with  any  offense 
and  were  released  in  March.  During  several  cordon-and-search  operations  in  which 


185 

ECOMOG  arrested,  interrogated,  and  shot  several  former  combatants,  ECOMOG 
left  the  victims,  who  in  some  cases  suffered  life -threatening  injuries,  untreated;  but 
following  the  intervention  of  an  international  organization,  the  victims  received 
treatment.  Individual  ECOMOG  soldiers  also  tortured  and  killed  persons  (see  Sec- 
tion l.a.). 

In  September  and  October,  while  enforcing  a  long-forgotten  law  that  prohibits 
market  activity  on  Sundays  and  at  any  time  during  tne  week  on  the  streets,  police 
beat  several  women  marketeers,  confiscated  and  never  returned  thousands  of  dol- 
lars worth  of  goods  and  produce,  and  destroyed  hundreds  of  small  market  stalls. 

There  were  many  incidents  in  which  former  combatants,  who  claimed  not  to  have 
received  sufficient  benefits  for  disarming,  harassed  and  extorted  civilians  and,  in 
some  areas,  engaged  in  massive  looting.  There  were  credible  reports  that  returning 
refugees  and  displaced  persons  were  harassed  by  former  combatants,  especially  in 
the  border  areas.  Also  in  January,  civilians  in  Grand  Cape  Mount  asked  that  hu- 
manitarian relief  supplies  not  be  delivered  for  fear  that  former  fighters  would  con- 
tinue to  steal  the  supplies  at  gunpoint  (see  Section  l.f.).  In  February  when  former 
fighters  in  Nimba,  Bomi,  and  Grand  Cape  Mount  counties  continued  to  harass  civil- 
ians, the  ECOMOG  force  commander  issued  a  stern  warning  about  such  behavior 
and  took  additional  steps  to  protect  civilians. 

In  January  several  individuals,  who  claimed  to  have  been  kidnaped,  incarcerated, 
and  tortured,  in  the  Watanga  (Monrovia)  secret  jail  of  the  former  NrLF  faction,  pub- 
licized the  details  of  their  detention.  Their  claims  appeared  to  be  credible.  They  also 
reported  that  other  persons  were  murdered  and  that  they  were  ordered  to  bury 
them. 

Neither  the  LNTG  III,  LNTG  FV,  nor  the  newly  elected  Government  adequately 
addressed  the  often  life  threatening  conditions  in  government  jails.  The  Inter- 
national Committee  of  the  Red  Cross  (ICRC),  in  cooperation  with  the  Ministry  of 
Justice,  sought  to  make  improvements  to  prison  facilities  in  Monrovia  and  Kakata. 
The  Governments  did  not  provide  prisoners  with  adequate  food  or  medical  care. 
They  did  not  pay  guards  for  months.  Cells  were  small,  crowded,  and  filthy.  Two  in- 
mates died  in  the  Bong  County  detention  facility  in  November,  allegedly  from  star- 
vation. Women,  constituted  about  5  percent  of  the  prison  population,  and  were  held 
in  separate  cells,  but  there  were  no  separate  facilities  for  juvenile  offenders.  Police 
who  caught  children  for  petty  crimes  often  took  them  to  their  own  homes  rather 
than  incarcerating  the  minors  with  adult  criminals. 

The  police  director  ordered  the  escaped  prisoners  released  in  1996  to  return  to  jail 
or  be  subject  of  an  intensive  search.  One  prisoner  surrendered,  but  later  escaped 
again. 

Human  rights  groups  were  granted  access  to  prisoners  in  Monrovia,  and  these 
groups  frequently  obtained  needed  medical  treatment  for  prisoners.  In  a  number  of 
cases,  human  rights  groups  and  interested  individuals  achieved  the  release  of  pris- 
oners. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  provides  for  the  rights  of  the  accused,  including  warrants  for  arrests,  and 
the  right  of  detainees  either  to  be  charged  or  released  within  48  hours.  In  practice 
some  LNP  officers  and  other  security  officials  often  disregarded  these  rignts  and 
made  arbitrary  arrests.  Many  ofTicers,  whose  average  monthly  salary  was  already 
less  than  $5.00,  often  were  not  paid  and  accepted  bribes  to  arrest  persons  based  on 
unsubstantiated  allegations.  The  police  have  almost  no  logistic  or  forensic  capabili- 
ties, and  generally  were  unable  to  investigate  crimes,  including  murder  cases.  Most 
people  arrested  for  serious  crimes  are  not  released  within  48  hours  or  brought  be- 
fore a  judge  as  the  Constitution  requires.  In  September  and  October,  the  new  police 
director,  allegedly  in  an  effort  to  combat  the  increase  of  armed  robberies  in  the  cap- 
ital, arrested  dozens  of  suspects  who  were  incarcerated  for  prolonged  periods  with- 
out being  charged.  The  police  director  and  the  SSS  director  also  frequently  forced 
journalists  who  published  stories  perceived  as  antigovernment  to  visit  police  head- 
quarters or  the  Justice  Ministry  where  they  were  often  threatened  and  intimidated. 

In  July  the  editor  of  the  Liberia  Communications  Network  was  arrested  at  a  press 
conference  held  in  the  Independent  Elections  Commission's  (lECOM)  headquarters 
after  asking  the  lECOM  chairman  whether  there  had  been  tampering  with  the  bal- 
lots for  the  national  election;  the  editor  was  not  charged  and  was  later  released.  In 
August  the  editor  of  the  Funtimes  Gazette  was  arrested  for  publishing  an  article 
about  President  Taylor's  personal  life.  Following  public  criticism,  the  editor  was  re- 
leased. In  October  the  LNP  Director  ordered  the  editor  of  the  Inquirer  newspaper, 
which  had  published  several  critical  articles  about  the  police,  arrested  for  allegedly 
buying  stolen  property,  although  there  was  no  evidence  to  support  the  charge.  The 
Inquirer  editor  later  was  released.  The  police  director  also  attempted,  but  failed,  to 
have  Liberia's  leading  human  ri^ts  advocate  arrested  following  a  press  conference 


186 

that  the  advocate  had  called  to  protest  the  Inquirer's  editor's  arrest.  Following  pub- 
lic criticiam,  this  matter,  too,  was  dropped.  Also  in  October,  the  LNP  Director  or- 
dered the  arrest  of  one  of  his  officers  without  an  arrest  warrant,  based  upon  the 
officer's  reported  death  threat  against  the  director.  The  arresting  officers,  unable  to 
locate  the  individual  either  at  his  home  or  at  church,  detained  the  man's  wife,  chil- 
dren, and  other  occupants  of  the  house;  a  local  human  rights  organization  urged  po- 
lice to  release  them  from  unconstitutional  detention,  which  they  did  once  the  officer 
surrendered. 

ECOMOG  soldiers  played  the  major  role  in  policing  the  country,  particularly  dur- 
ing the  early  part  of  the  year.  Many  citizens  continued  to  turn  to  ECOMOG  rather 
than  the  unarmed,  unpaid,  and  underequipped  police  force  to  arrest  and  detain  al- 
leged criminals.  ECOMOG  regularly  tumea  detainees  over  to  civilian  authorities.  In 
May,  however,  ECOMOG  detained  several  former  members  of  the  ULIMO-Krahn 
faction  in  Tubmanburg  and  a  former  Krahn  cabinet  minister  and  two  assistants  in 
Monrovia  for  their  alleged  participation  in  an  attempt  to  assassinate  Charles  Taylor. 
Although  the  Krahn  were  held  for  several  weeks,  they  were  never  charged  or  turned 
over  to  civilian  authorities. 

The  Government  does  not  employ  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — ^Although  the  Constitution  provides  for  an  inde- 
pendent judiciary,  the  judiciary  has  always  been  subject  to  political,  social,  familial, 
and  financial  pressures.  Corruption  and  lack  of  professionalism  remained  a  recur- 
rent problem.  Even  after  the  elections,  the  judiciary  did  not  function  in  most  areas 
of  the  country  due  to  lack  of  infrastructure.  Acting  under  his  constitutional  author- 
ity, in  October  President  Taylor  installed  a  new  Supreme  Court  which  began  mak- 
ing plans  to  make  the  judiciary  more  professional  and  reestablish  courts  outside  of 
the  capital.  All  of  the  new  Supreme  Court  justices  are  trained  professionals.  At 
year's  end,  how  they  will  execute  their  responsibilities  is  not  clear. 

The  court  structure  is  divided  into  four  levels,  with  the  Supreme  Court  at  its 
apex.  All  levels  of  the  court  system  in  Monrovia,  including  the  Supreme  Court,  func- 
tioned, though  erratically.  Two  new  courts  were  established.  Although  a  new  juve- 
nile court  was  constituted  in  June,  the  first  in  the  country's  history,  no  cases  were 
tried.  A  criminal  court  for  hearing  armed  robbery  cases  also  was  created,  but  re- 
mained relatively  inactive  due  to  lack  of  resources  and  trained  personnel. 

Under  the  Constitution,  defendants  have  due  process  rights  that  conform  to  inter- 
nationally accepted  norms  for  fair  trial.  Most  of  these  rights,  however,  were  ignored 
in  practice.  Customary  law  also  was  used  and,  as  in  previous  years,  the  Ministry 
of  Internal  Affairs  subjected  persons  accused  of  occult  practices  and  other  crimes  to 
"trial  by  ordeal,"  submitting  defendants  to  physical  pain  to  adjudicate  guilt  or  inno- 
cence (see  Section  I.e.). 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — While 
the  Constitution  provides  for  these  rights,  authorities  sometimes  ignored  them.  The 
Constitution  provides  that  police  must  obtain  a  warrant,  or  have  a  reasonable  belief 
that  a  crime  is  in  progress,  or  is  about  to  be  committed,  before  entering  a  private 
dwelling.  In  practice  most  police  and  other  governmental  security  forces  entered  pri- 
vate homes  and  churches  without  a  warrant  to  carry  out  arrests  and  investigations. 
In  one  case,  police  arrested  family  members  of  a  suspect  whom  they  sought  to  locate 
(see  Section  l.d.). 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  in  Internal  Con- 
flicts.— More  than  a  million  civilians  remained  dependent  on  humanitarian  aid  for 
survival.  However,  before  the  end  of  the  period  for  voluntary  disarmament  in  Feb- 
ruary, some  civilians  asked  that  no  food  be  delivered  to  their  communities  because 
they  did  not  want  to  be  further  brutalized  by  factional  fighters,  who  seized  such  pro- 
visions from  their  homes  and  communities.  In  June  former  fighters  in  Bong  county 
went  on  a  rampage  and  looted  civilian  homes  as  well  as  a  Catholic  relief  service 
food  warehouse.  In  December  disgruntled  former  NI-'FL  fighters  looted  and  set 
ablaze  the  homes  of  administration  officials  in  more  than  10  towns,  including  Bu- 
chanan, in  Grand  Bassa  county,  claiming  that  President  Taylor  had  neglected  them 
since  they  were  disarmed. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  however,  the  Government  limited  and  continually  challenged  these 
freedoms.  In  April  the  NPF'L-appointed  Information  Minister  blocked  the  publica- 
tion of  six  Monrovia  newspapers,  claiming  that  they  had  not  paid  the  required  reg- 
istration fees.  His  action  was  interpreted  as  an  indirect  warning  that  the  Govern- 
ment would  ban  papers  if  it  objected  to  what  was  printed.  In  July  after  a  local  news- 
paper reprinted  a  foreign  newspaper  editorial  about  Taylor's  election  victory,  the  In- 


187 

formation  Minister  cautioned  members  of  the  press  to  scrutinize  their  newspapers 
to  ensure  that  they  accorded  due  courtesy  ana  respect  for  government  officials.  In 
November  the  Minister  also  blocked  the  reopening  of  an  independent  newspaper,  al- 
legedly because  the  law  required  that  permits  be  requested  in  January.  Shortly 
thereafter,  the  Information  Minister  granted  a  permit  to  another  new  newspaper 
owned  by  the  President.  The  Minister  also  repeatedly  warned  members  of  the  press 
to  be  careful  about  what  they  printed  concerning  the  Government  and  singled  out 
three  newspapers  in  particular  as  being  antigovemment.  Citizens,  including  journal- 
ists, usually  showed  considerable  restraint  and  self-censorship  in  favor  of  the  Gov- 
ernment. In  November  the  Taylor  administration  also  threatened  to  close  the  na- 
tional radio  station,  which  was  known  for  its  independence.  In  December  the  sta- 
tion's reporting  became  more  favorable  towards  the  Government.  Government  har- 
assment of  the  press  increased  noticeably  at  year's  end. 

Starting  in  September,  arbitrary  arrest,  illegal  detention,  and  intimidation  of  jour- 
nalists by  government  security  forces  became  commonplace  (see  Section  l.d.).  Six 
independent  newspaper  editors  and  many  journalists  were  arbitrarily  detained  and 
arrested  for  publishing  articles  that  security  forces  considered  antigovemment;  a 
well-known  former  NPFL  general  and  six  unidentified  men  attempted  to  kidnap  a 
leading  broadcast  journalist  from  his  home;  the  country's  foremost  political  cartoon- 
ist received  numerous  death  threats  and  may  have  been  put  under  surveillance  by 
government  security  forces;  an  indepjendent  journalist,  who  was  detained  in  Bong 
County  following  the  Dokie  funeral  and  his  attempted  investigation  into  the  cir- 
cumstances surrounding  the  Dokies'  deaths,  was  charged  by  the  police  with  treason; 
this  charge  was  later  reduced. 

The  restrictive  Media  Law,  instituted  during  the  Doe  regime  in  the  1980's,  re- 
mained in  force  and  provided  the  Ministry  of  Information  with  wide  discretion  in 
regulating  journalists.  In  May  the  Press  Union  of  Liberia  adopted  a  code  of  conduct 
for  journalists  to  encourage  professionalism.  The  code  of  conduct,  however,  in  some 
instances  appeared  aimed  at  punishing  journalists  for  publishing  articles  unfavor- 
able to  the  Government.  Some  members  of  the  press  were  barred  from  official  press 
conferences  at  the  executive  mansion  for  printing  stories  unfavorable  to  the  Govern- 
ment; other  members  of  the  press  were  beaten  at  the  executive  mansion  by  govern- 
ment officials.  No  official  action  was  taken  against  the  perpetrators. 

Largely  as  a  result  of  the  national  elections  and  the  candidates'  desire  to  influence 
public  opinion,  the  press  grew  from  6  newspapers  in  January  to  15  by  July.  Charles 
Taylor  either  owned  or  controlled  seven  of  the  newspapers  that  published  regularly 
up  to  the  elections.  Newspapers  controlled  by  other  prominent  political  figures  usu- 
ally were  published  only  when  there  was  a  political  purpose  involved.  All  eight  inde- 
pendent newspapers  had  to  deal  with  repeated  attempts  at  censorship  and  struggled 
to  stay  in  business.  By  October  the  number  of  regularly  published  newspapers  had 
dropped  to  six.  Four  could  be  considered  independent  and,  when  the  Government 
allowed  them,  were  capable  of  serious,  critical,  newsworthy  reporting. 

Before  the  war,  there  were  three  regional  television  stations  in  operation  in  addi- 
tion to  one  in  Monrovia.  Regular  television  broadcasts  ceased  when  the  war  started 
in  1989.  The  President's  privately  owned  media  company  reopened  a  television  sta- 
tion in  Monrovia  on  August  2  to  broadcast  Taylor's  inauguration.  The  station  re- 
mained on  the  air  but  only  broadcast  sporadically.  In  September  DUCOR  Radio 
Broadcasting  opened  Monrovia's  second  television.  It,  too,  oroadcast  only  sporadi- 
cally. 

Throughout  the  year,  the  government  radio  station  (ELBC),  the  Taylor-owned  sta- 
tion (KISS-FM),  and  the  two  independents— Radio  Monrovia  and  DUCOR  radio — 
broadcast  regularly  but  only  within  the  greater  Monrovia  area.  A  Taylor-owned 
short  wave  radio  station,  based  in  Totota,  Bong  county,  aLso  broadcast  throughout 
West  Africa,  the  only  station  with  such  a  capacity  prior  to  the  holding  of  national 
elections  on  July  19.  This  short  wave  radio  station  was  the  only  source  of  informa- 
tion for  voters  outside  the  greater  Monrovia  area  and  contributed  to  Taylor's  elec- 
toral victory.  The  ELBC  also  had  a  short  wave  radio,  but  it  broadcast  only  sporadi- 
cally. Subsequent  to  the  election,  two  other  radio  stations— the  Catholic  Church's 
Radio  Veritas  and  the  independent  Star  Radio — began  broadcasting  throughout  the 
country.  With  the  exception  of  the  Taylor-owned  media,  most  other  stations,  includ- 
ing the  government-owned  station,  were  poorly  equipped  and  subject  to  pressure 
from  government  ofTicials.  In  December  the  Ministry  of  Post  and  Telecommuni- 
cations claimed  that  Radio  Veritas  and  Star  Radio  were  illegally  using  diplomatic 
broadcast  frequencies  and  threatened  to  shut  them  down.  In  early  January  1998, 
Star  Radio  was  closed  by  the  Government. 

During  the  lECOM  announcement  of  election  results,  ECOMOG  forced  Radio 
Monrovia  to  stop  its  live  broadcasts. 


188 

Academic  freedom  was  generally  respected  at  the  University  of  Liberia;  however, 
the  administrators  and  faculty  carefully  avoided  antagonizing  any  powerful  interest 
groups.  The  students  felt  more  free  to  voice  their  criticisms.  Due  to  a  lack  of  fund- 
ing, the  university  did  not  begin  its  academic  year  in  August,  as  is  customary,  but 
resumed  in  December. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — ^The  Constitution  provides  for 
the  right  of  peaceful  assembly  and  the  Government  generally  respects  this  right,  but 
limited  it  in  some  instances.  Although  ECOMOG  generally  ensured  security 
throughout  the  country  in  the  period  leading  up  to  and  during  the  presidential  cam- 
paign and  on  election  day,  there  were  several  incidents  of  political  harassment  and 
violence  against  candidates.  While  campaigning  in  Sanniquellie,  Nimba  county,  the 
Unity  Party  standard-bearer  and  her  campaign  workers  were  assaulted:  Taylor  par- 
tisans smashed  the  candidate's  car  windsnield,  threw  acid  on  two  of  her  campaign 
workers,  and  severely  beat  another.  On  June  17,  in  Gbamga,  Bong  county,  the  Ref- 
ormation Alliance  Partes  presidential  candidate  was  greeted  by  catcalls  and  rock 
throwing  by  Taylor  partisans  when  he  began  his  campaign  in  the  former  NPFL 
stonghold.  Several  otner  incidents  were  reported  around  the  country,  especially  in 
Monrovia.  However,  the  number  of  incidents  decreased  as  the  electoral  campaign 
progressed  and  total  violence  during  the  campaign  was  low.  The  Constitution  pro- 
vides for  the  right  of  association,  and  the  Government  generally  respects  this  right, 
but  limited  it  in  some  instances. 

c.  Freedom  of  Religion. — The  Constitution  recognizes  freedom  of  religion  as  a  fun- 
damental right,  and  Liberia  has  no  established  state  religion.  Although  Islam  is 
gaining  adherents,  as  much  as  40  percent  of  the  population  profess  to  be  Christian. 
A  significant  portion  of  the  population  follows  traditional  animism  or  blends  tradi- 
tional religions  with  Christianity  or  Islam.  Although  the  law  prohibits  religious  dis- 
crimination. Islamic  leaders  complained  that  Muslims,  especially  Mandingos,  were 
discriminated  against  (see  Section  5).  In  September  when  the  new  Speaker  of  the 
House  invited  a  Muslim  mullah  to  open  the  session  with  a  prayer.  Christian  mem- 
bers of  the  House  strenuously  objected,  arguing  that  such  action  was  unconstitu- 
tional. After  long  debate,  the  mullah  was  allowed  to  pray,  but  the  legal  issue  re- 
mains unresolved. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  of  movement  throughout  the 
country  as  well  as  the  right  to  leave  or  enter.  In  the  period  leading  to  national  elec- 
tions, ECOMOG  maintained  numerous  checkpoints  throughout  the  country.  The 
week  before  the  July  19  presidential  election,  the  border  with  Guinea  was  closed, 
although  the  border  with  Cote  d'lvoire  remained  open.  After  the  elections,  ECOMOG 
significantly  reduced  the  number  of  its  checkpoints  and  began  to  prepare  for  hand- 
ing over  its  security  functions  to  the  new  Government.  Freedom  of  movement  within 
the  country  after  the  Taylor  administration  took  oflice  was  further  restricted  by  nu- 
merous checkpoints  set  up  by  security  forces  and  by  the  extremely  poor  condition 
of  roads  that  had  not  been  maintained  during  the  7  years  of  war.  Also  in  December, 
the  Government  reinstituted  an  exit  visa  requirement  for  all  residents  and  some- 
times refused  to  issue  permits  for  travel.  The  Government  also  announced  that  dip- 
lomats should  notify  the  Foreign  Ministry  a  week  in  advance  of  any  proposed  travel 
outside  of  the  capital. 

Some  government  officials,  including  the  police,  and  some  former  fighters  set  up 
roadblocks  to  harass  and  extort  money  or  other  valuables  from  civilians,  including 
internally  displaced  people  and  refugees  who  had  returned  to  their  home  towns  and 
villages,  and  humanitarian  aid  workers. 

Following  the  military  coup  in  Sierra  Leone  in  May,  ECOMOG  increased  its  pres- 
ence along  the  border  with  Sierra  Leone  and,  at  diiierent  times,  when  fighting  in- 
tensified in  eastern  Sierra  Leone,  restricted  access  to  its  border  area.  On  October 
21,  the  Taylor  administration  announced  that  it  was  closing  the  border  with  Sierra 
Leone  to  prevent  fighting  in  Sierra  Leone  from  reigniting  fighting  in  Liberia.  The 
practical  effect  of  this  announcement  was  unclear  since  ECOMOG  controlled  the 
borders.  Following  fighting  in  Sierra  Leone  in  December,  more  refugees  Hed  into  Li- 
beria through  unmanned  border  crossing  points. 

Since  1990  over  1.2  million  citizens  (of  an  estimated  prewar  population  of  2.8  mil- 
lion) have  been  internally  displaced.  With  the  improved  security  conditions  made 
possible  by  ECOMOG,  more  than  100,000  internally  displaced  persons  and  refugees 
returned  to  their  home  villages  to  register  and  vote.  According  to  the  UNHCR,  as 
many  as  480,000  Liberian  refugees  remain  in  neighboring  West  African  countries. 

The  Government  provided  first  asylum.  Following  the  military  coup  in  Sierra 
Leone  in  May,  about  30,000  new  Sierra  Leonean  refugees  fled  to  Liberia.  Although 
no  official  census  has  been  taken,  there  are  probably  more  than  120,000  Sierra 
Leoneans  living  along  the  western  border  in  Grand  Cape  Mount  and  Lofa  counties. 


189 

The  LNTG  III  and  IV  Governments  and  the  Taylor  administration  cooperated 
with  the  ofiice  of  the  United  Nations  High  Commission  for  Refugees  (UNHCR)  and 
other  humanitarian  organizations  in  attempting  to  assist  refugees,  primarily  Sierra 
Leoneans.  However,  inaccessibility  to  refugees  due  to  poor  road  conditions  and  the 
limited  capacity  of  local  NGO's  severely  limited  the  amount  of  relief  assistance  that 
could  be  provided.  The  Taylor  administration  has  coof>erated  with  the  UNHCR's  ef- 
forts to  inform  Liberian  refugees  about  the  UNHCR's  voluntary  repatriation  oper- 
ations. There  were  no  reports  of  forced  return  of  persons  to  a  country  where  tney 
feared  persecution. 

There  were  several  instances  of  mistreatment  of  foreigners,  including  citizens  of 
ECOWAS  countries,  especially  Nigerians.  In  September  two  members  of  ECOMOG's 
Nigerian  contingent  (which  constituted  over  half  of  the  ECOMOG  force)  in  Monrovia 
were  stoned  and  beaten  by  a  mob  provoked  by  the  superstitious  belief  that  even 
slight  body  contact  with  foreigners  could  harm  Liberians.  Several  immigration  ofli- 
cers  were  dismissed  for  beating  and  harassing  foreign  nationals  in  October.  Some 
members  of  the  expatriate  community  complained  about  the  Taylor  administration's 
lack  of  cooperation  in  issuing  visas.  In  October  the  administration  announced  that 
Sierra  Leonean  refugees  living  in  Grand  Cape  Mount  county  would  be  moved  inland 
for  security  reasons,  but  at  year's  end  had  not  implemented  this  policy. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  for  the  right  of  free  and  fair  elections  and  citizens  exer- 
cised their  right  to  change  their  government  in  elections  deemed  free  and  trans- 
parent on  July  19.  Since  the  election  was  held  on  the  basis  of  proportional  represen- 
tation. President  Taylor's  party,  the  National  Patriotic  Party,  won  control  of  the  leg- 
islature by  the  same  75  percent  margin  that  he  won  the  presidency. 

The  July  19  national  elections  were  held  under  the  auspices  of  the  Abuja  II  Peace 
Accord  rather  than  the  Constitution.  On  the  first  day  that  the  newly  elected  na- 
tional legislature  convened,  it  reafilrmed  the  primacy  of  the  Constitution  in  all  mat- 
ters, including  future  elections. 

At  year's  end,  the  legislature  had  not  exercised  real  independence  from  the  execu- 
tive branch.  There  are  only  a  handful  of  opposition  legislators,  but  they  tend  to  be 
much  weaker  than  traditional  opposition  figures. 

There  are  no  restrictions  on  the  participation  of  women  in  politics;  however,  they 
are  underrepresented,  largely  illiterate,  and  generally  did  not  have  access  to  voter 
and  civic  education  programs  during  preelectoral  activities.  The  sole  female  can- 
didate among  13  in  the  presidential  race  finished  a  distant  second.  Overall  numbers 
of  women  in  nigh-ranking  positions  in  the  Taylor  administration  and  in  the  various 
political  parties  are  low.  Two  of  the  20  cabinet  positions  are  held  by  women  and 
a  woman  was  appointed  Chief  Justice  of  the  Supreme  Court. 

One  cabinet  mmister  is  Muslim  (see  Section  5). 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  LNTG  III  and  FV  Governments  and  the  Taylor  administration  permitted  do- 
mestic and  international  human  rights  groups  to  operate.  During  the  national  elec- 
tions, more  than  400  international  and  600  local  observers  surveyed  election  activi- 
ties. However,  at  year's  end,  reported  incidents  of  harassment  of  democracy  and 
human  rights  groups  had  increased. 

Domestic  human  rights  organizations  were  underfunded,  understafTed,  and  their 
personnel  lacked  adequate  training.  In  September  12  of  the  small,  local  human 
rights  organizations  joined  to  establish  the  National  Human  Rights  Center  of  Libe- 
ria. In  October  four  human  rights  groups  constituted  a  new  umbrella  organization 
called  the  Liberia  Federation  of  Human  Rights  Organizations.  Both  of  these  organi- 
zations sought  to  ensure  that  human  rights  issues  were  kept  in  the  forefront  of  the 
country's  postconfiict  development  plan. 

Some  01  the  human  rights  groups,  as  well  as  lawyers  performing  legal  aid  work 
and  U.N.  human  rights  personnel,  visited  prisoners  in  the  police  holding  cells  and 
the  central  prison.  None  reported  governmental  interference  with  their  activities.  As 
a  result  of  the  security  environment  provided  by  ECOMOG  prior  to  the  elections, 
several  domestic  human  rights  organizations  established  branches  outside  of  the 
capital. 

The  United  Nations  Observer  Mission  in  Liberia  (UNOMIL)  had  responsibility  for 
monitoring  the  human  rights  situation  until  September  30,  when  its  mandate  ended 
following  completion  of  disarmament,  demobilization,  and  the  holding  of  national 
elections.  For  9  months,  three  experienced  UNOMIL  human  rights  officers  con- 
ducted investigations  and  worked  to  build  the  capacity  of  local  human  rights  organi- 


190 

zations.  No  UNOMIL  human  rights  reports  were  made  public.  In  December  it  was 
announced  that  a  U.N.  peace-building  mission  would  be  established  in  Monrovia  for 
6  months. 

In  October  the  new  Government  created  a  human  rights  commission;  however,  it 
triggered  considerable  controversy  by  limiting  the  commission's  investigatory  power 
to  prospective  abuses  only,  with  no  power  to  compel  testimony  or  gatner  evidence 
and  no  funding  to  support  operations.  At  year's  end,  the  human  rights  commission 
had  not  functioned.  Although  the  independent  media  urged  the  Government  to  cre- 
ate a  commission  to  investigate  the  Dokie  murders,  the  Government  declined. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  ethnic  background,  race,  sex, 
creed,  place  of  origin,  or  political  opinion,  but  discrimination  exists.  There  are  no 
laws  against  gender  based  discrimination,  ethnic  discrimination,  or  female  genital 
mutilation  (FGM). 

Women. — Domestic  violence  against  women  was  extensive  but  never  seriously  ad- 
dressed as  an  issue  by  the  governments,  the  courts,  or  the  media.  Several  NGO's 
in  Monrovia  and  Buchanan  continued  programs  to  treat  abused  women  and  girls 
and  increase  awareness  of  their  human  rights,  but  NGO's  are  not  vocal  about  wom- 
en's political  rights. 

The  status  of  women  varies  by  region,  ethnic  group,  and  religion.  Before  the  out- 
break of  the  civil  war,  women  held  one-fourth  of  the  professional  and  technical  occu- 
pational positions  in  Monrovia.  Some  women  currently  hold  skilled  jobs  in  govern- 
ment, including  the  judiciary.  On  the  whole,  however,  the  situation  of  women  dete- 
riorated dramatically  with  the  onset  of  war,  the  closing  of  most  schools,  and  the  loss 
of  their  traditional  role  in  the  production,  allocation,  and  sale  of  food.  In  urban 
areas,  women  can  inherit  land  and  property.  In  rural  areas,  where  traditional  cus- 
toms are  stronger,  a  woman  is  normally  considered  the  property  of  her  husband  and 
his  clan  and  usually  is  not  entitled  to  inherit  from  her  husband  or  retain  custody 
of  her  children  if  her  husband  dies.  The  LNTG  III  and  IV  Governments  and  the 
Taylor  administration  did  not  sign  a  law  passed  by  the  legislature  that  would  have 
ensured  equal  rights  for  women.  There  were  very  few  programs  to  help  any  combat- 
ants reintegrate  into  society;  and  particularly,  no  programs  especially  designed  to 
help  former  female  combatants.  The  absence  of  special  programs,  however,  was  not 
discriminatory,  but  reflected  the  fact  that  there  were  few  former  female  former  com- 
batants. Several  women's  organizations,  however,  advanced  family  welfare  issues, 
helped  promote  political  reconciliation,  and  assisted  in  rehabilitating  former  combat- 
ants as  well  as  civilians  affected  by  the  war. 

In  Monrovia  at  the  end  of  the  year,  a  growing  number  of  professional  women's 
groups — including  lawyers,  marketeers,  and  businesswomen — became  increasingly 
vocal  about  their  concerns.  Government  officials  often  responded  negatively  to  public 
criticism  and  there  were  reports  of  harassment  and  possible  surveillance  of  out- 
spoken critics. 

Children. — Due  to  the  poor  condition  of  government  schools,  most  children  who  at- 
tended school  went  to  private  institutions.  However,  many  private  schools  had  to 
be  refurbished,  which  were  largely  destroyed  during  the  April  and  May  1996  fight- 
ing since  the  Government  decided  not  to  pay  private  schools  the  subsidies  that  had 
been  in  effect  before  the  war,  school  fees  were  drastically  increased,  thereby  denying 
a  large  sector  of  the  school-age  population  access  to  education.  In  both  public  and 
private  schools,  however,  children  were  often  asked  to  provide  their  own  books, 
desks,  copy  books,  pencils,  and  reams  of  paper. 

Denied  a  normal  childhood  during  the  civil  war,  Liberian  youth  were  seriously  vic- 
timized. An  estimated  50,000  children  were  killed;  of  those  wounded,  orphaned,  or 
abandoned,  many  witnessed  terrible  atrocities  or  committed  atrocities  themselves. 
Twenty-one  percent  (4,306)  of  the  combatants  who  disarmed  under  the  provisions 
of  the  Abuja  II  peace  accord  were  child  soldiers  under  the  age  of  17.  As  education 
and  nurturing  were  almost  completely  disrupted,  many  children  suffered  post  trau- 
matic stress  disorder  syndrome.  Some  are  still  addicted  to  drugs.  It  is  estimated 
that  1.4  million  children  experienced  violence,  hunger,  and  homelessness  during  the 
war.  The  number  of  street  children  in  Monrovia  and  the  number  of  abandoned  in- 
fants increased  significantly  following  disarmament.  NGO's  and  UNICEF  continued 
retraining  and  rehabilitation  programs  for  a  limited  number  of  former  child  fighters 
(see  Section  6.d.). 

After  a  2-year  effort  by  the  Association  of  Female  Lawyers,  a  bill  creating  a  juve- 
nile court  system,  enacted  in  1959  and  amended  in  1971,  was  implemented  in  June. 
The  new  court  system  was  limited  to  Monrovia  and  lacked  the  resources  and  person- 


191 

nel  to  function  effectively.  Children  continue  to  be  incarcerated  with  adults  and 
there  were  long  delays  in  deciding  cases  involving  minors. 

Female  genital  mutilation  (FGM)  is  widely  condemned  by  international  health  ex- 
perts as  damaging  to  both  physical  and  psychological  health.  FGM  traditionally  has 
been  performed  on  young  girls  by  northern,  western,  and  central  tribes,  particularly 
in  rural  areas  among  traditional  societies.  Prior  to  the  onset  of  the  civil  war  in  1989, 
approximately  50  percent  of  women  in  rural  areas  between  the  ages  of  8  and  18  un- 
derwent FGM.  In  some  instances,  female  health  professionals  in  the  tribes  partici- 
pated in  the  practice  to  the  extent  of  providing  postop>erative  care.  The  war,  how- 
ever, totally  aisrupted  village  life.  The  war  caused  most  of  the  population  to  flee  to 
neighboring  countries  or  become  internally  displaced.  Social  structures  and  tradi- 
tional institutions,  such  as  the  secret  societies  which  often  performed  FGM  as  an 
initiation  rite,  were  also  undermined  by  the  war.  Most  experts  believe  that  the  civil 
war  has  caused  a  reduction  in  FGM,  estimating  that  the  incidence  has  dropped  to 
as  low  as  10  percent.  The  most  extreme  form  oiFGM,  infibulation,  is  not  practiced. 
The  Government  has  taken  no  action  against  FGM. 

People  With  Disabilities. — The  war  produced  a  large  number  of  people  with  per- 
manent injuries  in  addition  to  persons  disabled  from  other  causes.  There  is  no  legal 
discrimination  against  the  disabled,  but  in  practice  they  do  not  enjoy  equal  access 
to  public  buildings.  There  are  no  laws  mandating  accessibility  to  public  buildings 
or  services. 

Religious  Minorities. — The  law  prohibits  religious  discrimination.  However,  some 
Muslims,  who  now  represent  a  significant  portion  of  the  population,  believe  that  Li- 
berian  secular  culture  gives  preference  to  Christianity  in  civic  ceremonies  and  ob- 
servances, and  that  discrimination  spills  over  into  areas  of  individual  opportunity 
and  employment.  Although  there  are  some  Muslims  in  senior  government  positions, 
many  Muslims  believe  that  they  are  bypassed  for  highly  desirable  government  jobs. 
The  Taylor  administration  dismissed  many  Muslims,  particularly  Mandingos,  from 
longstanding  jobs.  Following  President  Taylor's  public  accusation  in  September  that 
Muslim  Mandingos  were  fighting  in  Sierra  Leone,  prominent  Mandingos  in  Monro- 
via and  elsewhere  began  receiving  threats  to  their  person  and  property  from  un- 
known individuals.  Many  Muslim  ousiness  proprietors  believe  that  the  Taylor  Gov- 
ernment's decision  to  enforce  an  old  statute  prohibiting  businesses  from  opening  on 
Sunday  discriminates  against  them,  as  they  celebrate  their  Sabbath  on  Friday  and 
consequently  are  forced  to  close  for  the  two  most  active  selling  days  of  the  week. 
There  were  also  credible  reports  that  returning  Muslim  Mandingo  refugees  were  not 
allowed  to  resettle  in  their  nome  villages  in  Lofa,  Bong,  and  Nimba  Counties. 

National  / Racial  / Ethnic  Minorities. — Although  the  Constitution  bans  ethnic  dis- 
crimination, it  also  provides  that  only  "pjersons  who  are  negroes  or  of  negro  descent" 
may  be  citizens  or  own  land,  thus  denying  full  rights  to  many  people  who  were  bom 
or  lived  most  of  their  lives  in  Liberia.  There  has  been  no  governmental  initiative 
to  repeal  this  racial  test.  In  September  and  October  during  the  confirmation  hear- 
ings for  Taylor  Government  nominees,  the  issue  of  national  and  ethnic  origins  was 
widely  debated,  particularly  for  two  cabinet  nominees,  of  mixed  Lebanese-Liberian 

Earentage,  and  for  one  minister-designate  who  is  a  Muslim  Mandingo,  naturalized 
iberian  citizen. 

The  1975  economic  "Liberianization"  law  prohibits  foreign  ownership  of  certain 
businesses,  such  as  travel  agencies,  retail  gasoline  stations,  and  beer  and  sofl-drink 
distributors.  In  October  several  bills  extending  the  Liberianization  law  were  passed 
by  the  legislature,  but  by  year's  end  they  had  not  been  signed  into  law  by  the  Presi- 
dent. 

Some  members  of  former  President  Samuel  Doe's  ethnic  group,  the  Krahn,  believe 
that  they  were  being  systematically  discriminated  against  by  the  Government,  al- 
though there  are  some  Krahn  holding  ministerial  positions  in  the  Government. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  states  that  workers,  except  mem- 
bers of  the  military  and  police,  have  the  right  to  associate  in  trade  unions.  The  Con- 
stitution also  states  that  unions  are  prohibited  from  partisan  political  activity.  Gov- 
ernment interference  in  union  activities,  especially  union  elections  and  leaderships 
conflicts,  was  commonplace  both  before  and  during  the  civil  war. 

Although  legal  economic  activity  almost  halted  during  the  war,  unions  pro- 
liferated. Thirty-two  functioning  unions  were  loosely  organized  under  two  umbrella 
OS — the  Federation  of  Liberian  Trade  Unions  and  the  Congress  of  Liberian 
Unions — with  the  common  objective  of  protecting  the  rights  of  their  60,000 
members,  who  were  largely  unemployed.  TTie  actual  power  the  unions  exercised  was 
extremely  limited,  as  the  country's  work  force  is  largely  illiterate  and  the  labor  laws 
tend,  in  some  respects,  to  favor  management. 


192 

The  Constitution  is  silent  on  the  right  to  strike,  but  labor  laws  protect  this  right. 
Due  to  the  destruction  of  the  economy  and  the  continuing  85  percent  unemployment 
rate,  strikes  were  infrequent.  On  September  6,  however,  aoout  300  people  dem- 
onstrated at  the  Bridgestone/Firestone  rubber  plantation  in  Harbel,  Margibi  county, 
demanding  greater  death  and  insurance  benefits  and  immediate  reemployment  of 
more  than  3,000  former  employees.  After  ECOMOG  troops  fired  warning  shots  into 
the  air  to  disperse  the  crowd  and  the  shots  were  ignored,  ECOMOG  moved  to  break 
up  the  demonstration,  shooting  six  workers. 

During  the  year,  neither  the  LNTG  III,  LNTG  IV,  nor  the  Taylor  administration 
took  discriminatory  actions  against  organized  labor.  With  the  advent  of  each  new 
administration,  however,  many  workers  were  dismissed  and  replaced  with  political 
appointees.  Unlike  previous  administrations,  the  Taylor  Government  reportedly  dis- 
missed large  numbers  of  Muslim  Mandingos.  The  Taylor  Government  also  strictly 
enforced  the  union  registration  reouirements  that  had  fallen  into  disuse  during  the 
war.  Many  civil  servants  had  not  oeen  paid  for  almost  a  year;  the  Taylor  adminis- 
tration paid  most  of  them  by  the  end  of  December. 

Liberia's  status  as  a  beneficiary  of  the  trade  preferences  under  the  United  States' 
generalized  system  of  preference  (GSP)  program  was  suspended  in  1990  as  a  result 
of  the  Doe  Government's  failure  to  take  steps  to  provide  internationally  recognized 
worker  rights. 

Labor  unions  traditionally  have  afTiliated  with  international  labor  groups  such  as 
the  International  Confederation  of  Free  Trade  Unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — With  the  important  exception 
of  civil  servants,  workers  (including  employees  oi  public  corporations  and  autono- 
mous agencies)  have  the  right  to  organize  and  bargain  collectively.  In  the  past, 
agreements  were  negotiated  freely  between  workers  and  their  employers  without 
government  interference.  These  rights  were  largely  moot  because  of  the  lack  of  eco- 
nomic enterprise. 

There  were  no  export  processing  zones.  All  were  destroyed  after  the  war  started. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
labor,  but  even  before  the  civil  war  this  prohibition  was  widely  ignored  in  rural 
areas  where  farmers  were  pressured  into  providing  free  labor  on  "community 
projects"  that  often  benefited  only  local  leaders.  In  many  parts  of  the  country,  this 
practice  continued.  The  proliferation  of  forced  labor  during  the  civil  crisis  by  factions 
that  used  captured  enemies  declined  dramatically  with  tne  conclusion  of  voluntary 
disarmament  in  February. 

The  Constitution  prohibits  forced  and  bonded  labor  by  children.  There  were  credi- 
ble reports,  however,  that  former  combatants  kidnaped  former  child  soldiers  who 
had  been  reunited  with  their  families  in  order  to  use  them  for  forced  labor,  pri- 
marily in  illicit  logging  and  mining  operations. 

d.  Status  of  Child  Labor  Practices  and  Minimum  A^ge  for  Em.ployment. — Even  be- 
fore the  civil  war,  enforcement  of  the  law  prohibiting  employment  of  children  under 
age  16  during  school  hours  in  the  wage  sector  was  Tax.  In  all  areas  of  the  country, 
particularly  where  there  were  no  schools,  small  children  continued  to  assist  their 
parents  as  vendors  in  local  markets  or  on  the  streets,  to  take  care  of  younger  broth- 
ers and  sisters,  and  to  work  on  family  subsistence  farms.  With  few  educational  op- 
portunities and  with  rampant  economic  hardship,  most  children  still  worked  to  help 
keep  their  families  alive. 

The  Constitution  prohibits  forced  and  bonded  labor  by  children,  however,  there 
were  reports  of  its  use  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  Labor  law  provides  for  a  minimum  wage, 
paid  leave,  severance  benefits,  and  safety  standards,  but  the  enforcement  mecha- 
nism collapsed  during  the  war  and  the  Taylor  administration  did  not  make  this  a 
high  priority  issue.  With  the  economy  almost  totally  destroyed,  citizens  were  forced 
to  accept  any  work  that  they  could  find  regardless  of  wages  or  working  conditions. 
The  1977  Labor  Law  requires  a  minimum  wage  of  approximately  $.25  per  hour  not 
exceeding  8  hours  per  day,  excluding  benefits,  for  unskilled  laborers.  Agricultural 
workers  are  paid  $1.50  for  an  8  hour  day,  excluding  benefits.  Skilled  labor  has  no 
minimum  fixed  wage,  but  industrial  workers  usually  received  three  or  four  times 
the  wage  paid  to  agricultural  workers.  The  Ministry  of  Labor  did  not  have  the  re- 
sources to  monitor  compliance  with  the  labor  laws.  In  practice  wages  are  paid  in 
Liberian  dollars  which  are  worth  less  than  three  cents  in  U.S.  currency.  Even  if 
both  spouses  work,  the  minimum  wage  is  far  less  than  a  family  needs  to  survive. 
Families  dependent  on  minimum  wage  incomes  also  engage  in  subsistence  farming, 
small  scale  marketing,  petty  extortion,  and  begging. 

The  Labor  Code  provides  for  a  48-hour,  6-day  regular  workweek  with  a  30-minute 
rest  period  per  5  hours  of  work.  The  6-day  workweek  may  extend  to  56  hours  for 
service  occupations  and  to  72  hours  for  miners,  with  overtime  pay  beyond  48  hours. 


193 

Prior  to  1990,  there  also  were  government-established  health  and  safety  standards, 
enforced  in  theory  by  the  Ministry  of  Labor.  During  the  war,  these  regulations  were 
not  enforced.  Even  under  the  Labor  Code,  workers  did  not  have  a  specific  right  to 
remove  themselves  from  dangerous  situations. 


MADAGASCAR 

Madagascar  held  its  second  presidential  election  under  the  1992  Constitution  in 
December  1996,  following  the  impeachment  and  removal  of  then-President  Albert 
Zafy  earlier  in  the  year.  The  winner,  former  Second  Republic  President  Didier 
Ratsiraka,  took  office  in  February.  The  election  was  widely  accepted  as  free  and  fair. 
Under  the  Constitution,  power  is  divided  among:  The  President,  the  Prime  Minister 
and  his  Government,  and  a  bicameral  legislature  (Senate  and  National  Assembly). 
A  number  of  institutions  provided  for  in  the  Constitution,  including  the  Senate,  an 
independent  judiciary,  some  decentralized  local  governments,  and  new  courts  that 
require  Senate  appointments  had  still  not  been  established  by  year's  end.  I^egisla- 
tive  elections  scheduled  for  August  did  not  take  place  because  of  new  requirements 
that  voters  possess  national  identity  cards.  These  elections  are  planned  for  March 
1998. 

The  State  Secretary  of  the  Ministry  of  Interior  for  Public  Security — and,  under  the 
State  Secretary,  the  National  Police — are  responsible  for  law  and  order  in  urban 
areas.  The  Ministry  of  Armed  Forces  comprises  the  National  Army,  including  army 
troops,  air  force,  navy,  and  the  gendarmerie.  The  gendarmerie  has  primary  respon- 
sibility for  security  except  in  major  cities,  and  is  assisted  in  some  areas  by  regular 
army  units  in  operations  against  bandit  gangs  and  cattle  thieves.  Military  force 
strength  continued  to  decline  slowly,  dropping  below  20,000  troops.  There  are  also 
traditional  village-level  law  enforcement  groups  or  vigilance  committees,  known  as 
dina.  There  were  occasional  reports  that  police  and  gendarmes  committed  human 
rights  abuses,  as  did  the  dina. 

Madagascar  is  a  very  poor  country.  The  economy  relies  heavily  on  agriculture; 
production  of  corfee  and  vanilla  fell  further,  but  shrimp  exports  rose.  Rice,  the  major 
staple,  remained  at  near  self-sufTiciency.  Manufacturing  in  export  processing  facili- 
ties increased  modestly.  The  smuggling  of  vanilla,  gold,  precious  stones,  and  cattle 
continued  to  be  major  problems.  Overall  economic  performance  improved,  but  three- 
fourths  of  the  population  of  13  million  still  live  in  poverty.  P^oreign  economic  assist- 
ance remains  a  major  source  of  national  income.  Living  standards  are  low,  with  av- 
erage per  capita  gross  domestic  product  estimated  at  $230  per  year.  Annual  infla- 
tion stabilized  at  about  9  percent  during  1996  and  1997.  Unemployment  and  under- 
employment, especially  among  youth,  remained  high.  The  Government  implemented 
a  program  of  economic  reform  and  structural  adjustment  to  foster  a  stronger  market 
economy. 

The  human  rights  situation  improved  somewhat  from  1996.  There  was  very  little 
political  violence.  However,  there  were  occasional  reports  of  police  brutality  against 
criminal  suspects  and  detainees,  as  well  as  instances  of  arbitrary  arrest  and  deten- 
tion. Prison  conditions  remained  harsh  and  oflen  life  threatening.  In  some  prisons, 
women  experienced  abuse,  including  rape.  A  total  of  62  new  judges  were  appointed 
in  an  effort  to  relieve  the  overburdened  judiciary.  Nonetheless,  suspects  were  often 
held  in  lengthy  pretrial  detention  that  often  exceeded  the  maximum  sentence  for  the 
alleged  ofTense.  Dina  imposed  summary  justice  in  rural  areas  where  the  Govern- 
ment's presence  was  weak,  but  authorities  increased  their  efforts  to  bring  dina 
under  closer  regulation  and  scrutiny.  Women  continued  to  face  some  societal  dis- 
crimination. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings  by  government  forces.  However,  harsh  prison  conditions  and  the  authorities' 
failure  to  provide  adequate  food  and  medical  treatment  contributed  to  an  undeter- 
mined number  of  deaths  in  custody  (see  Section  I.e.). 

Village  dina  continued  to  mete  out  summary  justice,  including  executions,  to  com- 
bat rising  rural  banditry. 

There  were  no  developments  in  several  pre-1997  incidents:  The  1994  beating 
death  of  radio  journalist  Victor  Randrianirina,  who  had  allegedly  reported  on  sap- 
phire smuggling;  the  deaths  of  unarmed  civilians  by  security  forces  in  1991-93;  the 
deaths  of  more  than  30  demonstrators  who  were  killed  by  the  Presidential  Guard 


194 

at  lavoloha  Palace  on  August  10,  1991;  and  a  March  31,  1992,  incident  in  which 
soldiers  killed  6  pro-Ratsiraka  supporters  at  the  national  constitutional  convention. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  specifically  provides  for  the  inviolaoility  of  the  person.  However, 
there  were  occasional  reports  that  police  or  members  of  other  security  forces  mis- 
treated prisoners  or  detainees.  There  were  also  instances  of  dina  trials  in  which  tor- 
ture was  used  to  elicit  confessions. 

Prison  conditions  are  harsh  and  life  threatening.  Prisoners'  diets  are  inadequate, 
and  family  members  must  augment  daily  rations.  Prisoners  without  relatives  nearby 
sometimes  live  for  days  without  food.  Prison  cells  average  less  than  1  square  meter 
of  space  per  inmate.  The  authorities  do  not  provide  adequate  medical  care.  The  pris- 
on population  suffers  a  range  of  medical  problems  that  are  rarely  treated,  including 
malnutrition,  infections,  malaria,  and  tuberculosis.  These  conditions  have  caused  an 
unknown  number  of  deaths. 

Women  in  prisons  suffer  abuses,  as  do  the  children  who  are  sometimes  confined 
with  them.  Gfender  segregation  is  not  absolute,  and  some  rapes  by  other  prisoners 
were  reported. 

The  Government  permits  prison  visits  by  the  International  Committee  of  the  Red 
Cross,  religious  and  nongovernmental  organizations  (NGO's),  lawyers'  associations 
investigating  excessive  pretrial  detention,  and  investigative  journalists. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  provides  for  due  process 
for  accused  persons,  but  in  practice  the  authorities  do  not  always  observe  legal  safe- 
guards against  arbitrary  arrest  and  detention.  In  particular,  excessive  investigative 
detention  of  suspects  results  in  denial  of  due  process. 

According  to  law,  a  criminal  suspect  must  be  charged,  bound  over,  or  released 
within  3  days  of  arrest.  An  arrest  warrant  may  be  obtained  but  is  not  always  re- 
quired. According  to  the  Penal  Code,  defendants  in  ordinary  criminal  cases  have  the 
right  to  be  informed  of  the  charges  against  them,  must  be  charged  formally  within 
the  specified  time  permitted,  and  must  be  allowed  access  to  an  attorney.  Court-ap- 
pointed counsel  is  provided  for  indigent  persons  accused  of  crimes  that  carry  a  mini- 
mum 5-year  jail  sentence.  An  attorney  or  the  accused  may  request  bail  immediately 
after  arrest,  aft^r  being  formally  charged,  or  during  the  appeal  process,  but  it  is 
rarely  granted  in  the  case  of  violent  crimes. 

About  70  percent  of  persons  held  in  custody  were  in  pretrial  detention.  Despite 
existing  legal  safeguards,  investigative  detention  often  exceeds  1  year,  and  3  or  4 
years'  detention  is  common,  even  for  crimes  for  which  the  maximum  penalty  may 
be  2  years  or  less.  The  accused  may  wait  years  in  prison  only  to  be  ultimately  exon- 
erated in  court.  The  Ministry  of  Justice  began  a  pilot  program  to  reduce  excessive 
pretrial  detention  through  case  reviews  and  expedited  judgments.  There  are  an  esti- 
mated 20,000  persons  in  pretrial  detention. 

Although  the  law  allows  detainees  to  sue  the  Government  for  damages  in  cases 
of  unlawiul  detention,  no  such  suits  were  reported.  By  law  persons  accused  of  sub- 
versive activity  may  be  detained  incommunicado  for  15  days  and  are  subject  to  in- 
definite detention  if  considered  necessary  by  the  Government;  however,  this  law  was 
not  invoked  during  the  year. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary; however,  implementing  legislation  has  not  been  passed.  The  establishment  of 
a  number  of  courts  also  provided  for  in  the  Constitution  awaits  the  long-delayed  in- 
auguration of  the  Senate. 

The  judiciary  has  three  levels  of  jurisdiction:  Local  courts  for  civil  and  criminal 
cases  carrying  limited  fines  and  sentences;  the  Court  of  Appeals,  which  includes  a 
criminal  court,  for  cases  carrying  sentences  of  5  years  or  more;  and  the  Supreme 
Court.  The  judiciary  also  includes  courts  designed  to  try  specific  kinds  of  cases  such 
as  cattle  theft.  The  High  Constitutional  Court  is  an  autonomous  court  that  under- 
takes technical  reviews  of  laws,  decrees,  and  ordinances  and  certifies  election  re- 
sults. 

While  awaiting  reform,  the  judiciary  remained  under  the  Ministry  of  Justice.  Lack 
of  internal  controls  and  relatively  low  salaries  for  magistrates  encourage  corruption. 
With  judicial  reform  stagnated,  the  pace  of  court  proceedings  has  slowed  and  cre- 
ated a  huge  backlog,  contributing  to  the  problem  of  excessive  investigative  deten- 
tion. 

Trials  are  public,  and  defendants  have  the  right  to  an  attorney,  to  be  present  at 
the  trial,  to  confront  witnesses,  and  to  present  evidence.  Defendants  enjoy  a  pre- 
sumption of  innocence  under  the  Penal  Code. 

The  right  of  traditional  dina  village  institutions  to  protect  property  and  public 
order  is  codified  in  the  Constitution  as  well  as  earlier  laws.  Dina  aajudicate  or  arbi- 


195 

trate  civil  disputes  within  and  between  villages.  Dina  are  also  established  in  some 
urban  areas.  In  practice,  dina  increasingly  deal  with  criminal  cases  because  of  in- 
creasing crime,  tne  physical  isolation  of  many  rural  areas,  and  the  ineffectiveness 
of  the  police  and  the  judiciary  outside  urban  centers.  Dina  punishments  were  at 
times  severe  and  in  some  cases  included  capital  punishment. 

Decisions  by  dina  are  not  subject  to  coaified  safeguards  for  the  accused,  but  in 
some  instances  may  be  challenged  at  the  appeals  court  level.  Some  cases  have  also 
been  referred  to  the  Office  of  the  Mediator  (ombudsman),  which  investigates  and 
may  seek  redress  from  formal  judicial  authorities.  An  interministerial  committee 
that  includes  the  Ministries  of  Justice,  Interior,  and  Armed  Forces  was  established 
to  improve  surveillance  of  dina  and  assure  their  adherence  to  law.  The  Ministry  of 
Justice  has  moved  away  from  its  earlier  permissive  approach  to  dina  and  empha- 
sized their  subordination  under  the  formal  judicial  system. 

The  Government  continued  to  combat  crime  and  lawlessness  in  isolated  rural  re- 
gions by  augmenting  the  gendarmerie — traditionally  responsible  for  law  and  order 
in  rural  areas — with  army  units. 

Military  courts  are  integrated  into  the  civil  judicial  system,  and  differ  only  in  the 
kinds  of  cases  tried  and  in  the  inclusion  of  military  officers  on  jury  panels.  Such 
courts  have  jurisdiction  over  some  cases  involving  national  security,  including  acts 
allegedly  threatening  the  nation  and  its  political  leaders;  invasion  by  foreign  forces; 
and  rioting  that  could  lead  to  the  overthrow  of  the  Government.  Defendants  in  mili- 
tary cases,  as  in  civil  law,  enjoy  an  appeals  process  that  reexamines  points  of  law 
rather  than  the  facts  of  the  case.  A  civilian  magistrate,  usually  joined  on  the  bench 
by  a  panel  of  military  officers,  presides  over  military  trials. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices,  government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  respects  these  rights  in  practice.  The  judici- 
ary functions  effectively  in  this  area.  The  press  is  independent;  journalists  who  in- 
vestigated prison  conditions  provided  reports  in  the  print  and  electronic  media  dur- 
ing the  year. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice.  However,  fear  of  crime  effectively  restricts  travel  to  some 
places,  especially  at  night.  For  foreign  residents,  the  requirement  for  exit  visas  was 
removed  late  in  the  year. 

The  Government  generally  cooperates  closely  with  the  United  Nations  High  Com- 
missioner for  Refugees  in  processing  the  small  number  of  refugees  or  asylum  seek- 
ers. However,  the  Government  has  failed  to  resolve  the  status  of  54  Ethiopian  asy- 
lum seekers  who  have  been  in  Madagascar  since  1994.  There  were  no  reports  of 
forced  expulsion  of  those  with  recognized  or  pending  claims  to  refugee  status.  The 
issue  of  provision  of  first  asylum  has  never  arisen. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government  through  direct  universal  suf- 
frage and  secret  ballot.  Didier  Ratsiraka  was  elected  to  a  5-year  term  as  President 
in  1996  in  the  second  election  held  under  the  1992  Constitution.  In  1993,  138  mem- 
bers of  the  National  Assembly  were  elected  to  4-year  terms,  which  were  extended 
by  6  months  in  1997  by  a  High  Constitutional  Court  decision.  I^ocal  mayors  and 
councils  were  elected  in  1995.  A  referendum  to  amend  the  Constitution  was  also 
held  in  1995.  The  1993,  1995,  and  1996  elections  were  generally  free  and  fair. 

Under  the  Constitution,  the  President  has  primary  responsibility  for  national  de- 
fense and  foreign  policy,  while  the  Prime  Minister  is  head  of  government  and  re- 
sponsible for  domestic  policy.  The  President  selects  the  IVime  Minister  under  provi- 
sions of  the  1995  referendum  that  amended  the  Constitution.  The  Prime  Minister 
is  appointed  when  a  new  National  Assembly  is  elected  or  upon  a  vacancy.  The  Con- 
stitution gives  the  President,  acting  in  conjunction  with  the  Council  of  Ministers, 
the  right  to  dissolve  the  National  Assembly  if  there  have  been  two  governmental 


196 

crises  in  the  previous  18  months.  The  High  Constitutional  Court  must  rule  that 
such  crises  have  occurred.  The  Prime  Minister  is  required  to  submit  his  resignation, 
as  is  the  Cabinet,  if  a  motion  of  censure  is  passed  by  a  two-thirds  majority  of  the 
National  Assembly. 

The  Senate  had  not  yet  been  created  by  year's  end.  Under  the  current  Constitu- 
tion, two-thirds  of  the  Senate's  members  are  to  be  selected  by  local,  department,  and 
regional  government  officials,  while  one-third  of  the  members  are  to  be  appointed 
by  the  President.  These  provisions  are  widely  expected  to  be  modified  by  constitu- 
tional referendum  before  the  Senate  is  installed.  Although  local  government  elec- 
tions were  held  in  November  1995,  the  departmental  and  regional  elections  sched- 
uled for  1996  were  postponed  after  the  impeachment  of  then-President  Zafy  neces- 
sitated an  early  presidential  election. 

There  are  no  legal  impediments  to  the  participation  of  women  in  government  or 
politics,  but  in  practice  women  are  underrepresented  in  both  areas.  The  Government 
of  31  ministers  and  state  secretaries  appointed  in  March  includes  5  women.  Only 
6  percent  of  National  Assembly  deputies  are  women.  However,  nearly  half  the  mag- 
istrates are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  nndings  on  human  rights  cases.  Government  officials 
are  usually  cooperative  and  responsive  to  their  views.  The  Constitution  provides  for 
an  independent  ofilce  to  promote  and  protect  human  rights.  In  1994  the  National 
Assembly  assigned  that  role  to  the  Office  of  the  Mediator  (ombudsman),  which  relies 
on  moral  suasion  to  correct  abuses.  The  Office  publishes  annual  reports  on  its  activi- 
ties and  distributes  brochures  to  educate  citizens  on  their  rights  and  responsibil- 
ities. The  reports  outline  the  rights  of  women  and  children  and  bring  public  atten- 
tion to  the  potential  for  human  rights  violations  by  dina. 

The  Government  is  open  to  visits  by  international  human  rights  groups  and  to 
domestic  and  international  election  observers.  A  number  of  international  organiza- 
tions sent  observers  for  the  first  and  second  rounds  of  the  1996  presidential  election. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  all  forms  of  discrimination  and  outlaws  groups  that  ad- 
vocate ethnic  or  religious  segregation.  There  are  no  government  institutions  specifi- 
cally designated  to  enforce  these  antidiscrimination  provisions. 

Women. — Violence  against  women  is  not  widespread.  Police  and  other  legal  au- 
thorities intervene  if  physical  abuse  is  reported.  Tnere  is  no  law  dealing  specifically 
with  violence  against  women  except  with  regard  to  rape.  Spouses  can  be  tried  for 
nonrape  abuses,  generally  under  civil  law. 

There  is  some  societal  discrimination  against  women,  particularly  in  urban  areas, 
where  many  women  manage  or  own  businesses  or  hold  management  positions  in 
state  industries.  A  number  of  nongovernmental  organizations  (NGO's)  focus  on  civic 
education  of  women  and  girls  to  assure  that  they  understand  their  rights  and  legal 
protections  and  avail  themselves  of  these  safeguards. 

The  national  police  recruited  a  significant  number  of  women,  and  the  National  As- 
sembly passed  a  law  authorizing  women  to  attend  service  academies.  NGO's  led  by 
women  were  highly  influential  in  national  debate  on  citizen  empowerment,  the 
rights  of  the  disabled,  and  the  rule  of  law. 

Under  a  1990  law,  wives  have  an  equal  voice  in  selecting  the  location  of  a  m.arried 
couple's  residence,  and  they  generally  receive  an  equitable  share  of  common  prop- 
erty on  divorce.  Widows  with  children  inherit  half  of  joint  marital  property.  A  tradi- 
tion known  as  "the  customary  third"  is  occasionally  observed  in  some  areas.  Under 
this  custom,  the  wife  has  a  right  to  only  one-third  of  a  couple's  joint  holdings.  How- 
ever, a  widow  receives  a  pension,  while  a  widower  does  not. 

Children. — While  official  expenditures  on  children's  welfare  are  low,  the  Govern- 
ment has  maintained  the  spending  levels  of  the  Ministries  of  Health  and  Education 
despite  increasing  fiscal  austerity.  These  expenditures  are  not  sufficient  to  maintain 
an  adequate  level  of  public  services  under  current  economic  conditions.  The  Govern- 
ment provides  education  through  the  secondary  or  vocational  level,  and  it  is  compul- 
sory through  the  age  of  14.  However,  attendance  at  primary  schools  is  estimated 
to  have  declined  to  about  48  percent  of  primary  school-age  children  from  approxi- 
mately 70  percent  in  1996. 

There  is  no  societal  pattern  of  abuse  of  children. 

People  With  Disabilities. — There  is  no  systematic  discrimination  against  disabled 
persons  in  employment,  education,  or  in  the  provision  of  other  state  services.  There 


197 

is  no  law  mandating  access  to  buildings  for  people  with  disabilities.  One  NGO, 
Fondation  Ikoriantsoa,  proposed  a  law  to  define  the  rights  of  the  disabled,  which 
the  Government  submitted  to  the  National  Assembly  for  consideration. 

National  I  Racial  I  Ethnic  Minorities. — The  Malagasy,  who  are  of  mixed  Malayo- 
Polynesian,  African,  and  Arabic  heritage,  include  18  distinct  groups  differing  in  re- 
gional and  ancestral  affiliation.  Although  there  are  some  linguistic  differences,  near- 
ly all  speak  a  dialect  of  the  Malagasy  language.  None  of  these  groups  constitutes 
a  majority  of  the  population.  There  are  significant  minority  populations  of  Chinese 
and  Indo-Pakistani  heritage,  as  well  as  a  large  number  of  resident  French  citizens. 

A  long  history  of  military  conquest  and  political  consolidation  raised  the  political 
and  economic  status  of  highland  ethnic  groups  of  Asian  origin  above  that  of  coastal 
groups  of  more  African  ancestry.  Centralized  administration  and  economic  planning 
since  independence  reinforced  the  concentration  of  economic  and  political  power  in 
the  central  highlands,  where  the  capital  is  located.  These  policies  feed  enduring  ten- 
sion between  coastal  and  highland  peoples.  Ethnic,  caste,  and  regional  solidarity  are 
often  factors  in  hiring  practices. 

An  Indo-Pakistani  community  has  resided  in  Madagascar  since  the  early  part  of 
the  century.  This  community,  traditionally  focused  on  commerce,  now  numbers 
about  20,000  persons.  Few  have  made  successful  claims  to  Malagasy  nationality, 
which  is  customarily  acquired  through  a  native-bom  Malagasy  mother.  Indo-Paki- 
stani merchants  are  widely  mistrusted.  In  past  years,  their  shops  have  been  looted 
during  civil  disturbances. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  the  1995  Labor  Code  provide 
workers  in  the  public  and  private  sectors  with  the  legal  right  to  establish  and  join 
labor  unions  of  their  choosing  without  prior  authorization.  However,  essential-serv- 
ice workers,  including  police  and  soldiers,  may  not  form  unions.  Unions  are  required 
to  register  with  the  Government,  and  registration  is  routinely  granted.  About  80 
percent  of  the  labor  force  of  5  million  is  engaged  in  agrarian  production.  Union 
members  account  for  only  about  5  percent  of  the  total  labor  force. 

There  are  a  number  of  trade  union  federations,  many  formerly  afTiliated  with  po- 
litical parties.  Neither  public  nor  private  sector  unions  have  played  a  major  political 
or  economic  role  in  recent  years.  The  Government  exercises  very  limited  control  over 
organized  labor. 

The  Labor  Code  and  the  Constitution  include  the  right  to  strike,  including  in  ex- 
port processing  (free  trade)  zones  (EPZ's).  Workers  performing  essential  services 
have  a  recognized  but  restricted  right  to  strike.  In  practice,  short  strikes  took  place 
without  reprisal.  The  Code  requires  workers  to  exhaust  conciliation,  mediation,  and 
arbitration  procedures  before  striking,  but  has  not  in  practice  been  a  significant  de- 
terrent to  legal  strikes. 

Short  and  generally  nondisruptive  strikes  by,  for  example,  civil  servants,  trans- 
port workers,  and  other  professionals  took  place  over  fiscal  and  administrative  prob- 
lems in  many  cities,  (jovernment  workers  and  university  students  also  called  strikes 
to  protest  austerity  measures. 

The  International  Labor  Organization  (ILO)  has  noted  a  number  of  instances  in 
which  the  Government  has  failed  to  bring  law  and  regulation  into  conformity  with 
existing  conventions  or  otherwise  submit  texts  for  ILO  review,  including  those  ad- 
dressing forced  labor,  freedom  of  association,  guarding  of  machinery,  hygiene  in 
commerce  and  offices,  and  weight  limits.  In  most  instances,  these  failures  indicated 
legislative  inertia  rather  than  abuses. 

Unions  freely  join  and  participate  in  international  bodies  and  may  form  federa- 
tions or  confederations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Both  the  Labor  Code  and  the 
Constitution  provide  for  the  right  to  bargain  collectively.  The  Code  states  that  col- 
lective bargaining  may  be  undertaken  between  management  and  labor  on  the  initia- 
tive of  either  party.  In  fact,  collective  bargaining  agreements  are  rare.  The  Govern- 
ment is  often  involved  in  the  bargaining  process,  in  part  because  of  the  large  per- 
centage of  public  employees  who  are  union  members. 

The  Labor  Code  prohibits  discrimination  by  employers  against  labor  organizers, 
union  members,  and  unions.  In  the  event  of  antiunion  activity,  unions  or  their  mem- 
bers may  file  a  grievance  against  the  employer  in  civil  court.  Labor  laws  apply  uni- 
formly throughout  the  country,  including  in  the  EPZ's.  However,  the  Government's 
enforcement  of  labor  laws  and  regulations  is  hampered  by  lack  of  stafT  and  financial 
resources.  The  27  Ministry  of  Labor  inspectors  visit  industrial  work  sites  with  some 
regularity  but  most  often  those  located  near  the  capital. 


-^  198 

There  are  several  EPZ's  which  are,  in  practice,  firms  operating  under  sp>ecial  im- 
port and  export  rules.  Such  firms  are  required  to  follow  all  pertinent  labor  law  and 
regulation,  including  minimum  wage  laws. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Labor  Code  explicitly  pro- 
hibits forced  labor,  and  it  is  not  known  to  occur.  The  Government  prohibits  forced 
and  bonded  labor  by  children  and  enforces  this  prohibition  effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The 
Labor  Code  defines  a  child  as  any  person  under  the  age  oi  18  years.  The  legal  mini- 
mum age  of  employment  is  14  years,  and  work  by  individuals  under  the  age  of  18 
is  prohibited  at  sites  where  there  is  apparent  and  imminent  danger.  The  Govern- 
ment also  enforces  child  labor  laws  in  the  small  formal  economic  sector  through  in- 
spectors of  the  Ministry  of  Civil  Service,  Labor,  and  Social  Laws.  In  the  large  agri- 
cultural sector,  young  children  work  with  parents  on  family  farms  at  much  younger 
ages.  In  urban  areas,  many  children  work  as  petty  traders  and  casual  transport 
workers,  or  are  beggars. 

The  law  prohibits  forced  and  bonded  child  labor,  and  the  authorities  enforce  this 
prohibition  effectively  (see  Section  6.c.). 

Education  is  compulsory  to  the  age  of  14.  In  practice,  however,  only  about  48  per- 
cent of  children  attend  primary  school. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  and  implementing  legislation 
prescribe  working  conditions  and  wages,  which  are  enforced  by  the  Ministry  of  Civil 
Service,  Labor,  and  Social  Laws.  The  law  makes  separate  provisions  for  agricultural 
and  nonagricuitural  labor. 

The  minimum  wage  is  set  by  the  Government.  Other  wages  are  set  by  employers 
with  individual  employees,  sometimes  below  the  standard  minimum  wage.  When 
there  is  a  failure  to  reach  agreement,  the  Ministry  of  Labor  convenes  a  Committee 
of  Employment  Inspectors  to  resolve  the  matter.  If  this  process  fails,  the  committee 
refers  the  matter  to  the  chairman  of  the  Court  of  Appeals  for  final  arbitration.  No 
such  cases  reached  the  Court  of  Appeals  during  the  year.  The  minimum  wage  is  $28 
(fmg  151,000)  per  month.  This  wage  does  not  provide  a  decent  living  for  a  worker 
ana  family  ana  must  be  supplemented  by  subsistence  agriculture,  petty  trade,  sup- 
port from  relatives,  or  employment  of  other  family  members.  Minimum  wage  rates 
are  not  always  respected,  since  high  unemployment  and  widespread  poverty  lead 
workers  to  accept  wages  at  lower  levels. 

The  standard  legal  workweek  in  nonagricuitural  and  service  industries  is  40 
hours,  and  42V2  hours  in  agriculture.  At  least  one  24-hour  rest  period  each  work- 
week is  mandated.  The  Labor  Code  sets  rules  and  standards  for  worker  safety  and 
work  site  sanitation.  Ministry  of  Civil  Service,  Labor  and  Social  Laws  officials  mon- 
itor labor  conditions.  However,  they  are  usually  able  to  cover  only  the  capital  region 
effectively.  If  violators  do  not  remedy  cited  violations  within  the  time  allowed,  tney 
may  be  legally  sanctioned  or  assessed  administrative  penalties.  In  some  sectors, 
safety  equipment  is  not  used  due  to  the  expense  of  protective  clothing  and  other 
safety  devices.  There  have  been  no  published  reports  of  occupational  health  hazards 
or  accident  trends.  There  is  no  explicit  right  for  workers  to  leave  dangerous  work- 
places without  jeopardizing  their  employment. 


MALAWI 

The  Republic  of  Malawi  held  its  first  democratic,  multiparty  elections  since  inde- 
pendence in  May  1994.  President  Bakili  Muluzi  principally  relies  on  the  ruling  Unit- 
ed Democratic  Front  (UDF),  which  holds  82  of  the  177  seats  in  the  National  Assem- 
blj'.  The  opposition  Malawi  Congress  Party  (MCP),  formerly  the  sole  legal  party, 
holds  52  seats.  The  opposition  Alliance  for  Democracy  (AFORD)  split  over  the  UDF- 
AFORD  coalition  ana  the  continued  presence  of  AFORD  Members  of  Parliament 
(M.P.'s)  in  the  Cabinet,  reducing  AFORD's  number  of  MPs  to  27.  Seven  former 
AFORD  M.P.'s  and  two  former  MCP  M.P.'s  sit  as  independents.  AFORD  and  MCP 
ended  their  9-month  boycott  of  Parliament  in  March.  The  legislature  demonstrated 
only  limited  independence  from  the  executive.  In  October  a  High  Court  judge  ruled 
that  cabinet  ministers  could  not  also  sit  as  Members  of  Parliament,  potentially  af- 
fecting 21  seats.  The  judiciary  has  demonstrated  independence  in  several  high  pro- 
file political  cases,  although  there  are  frequent  allegations  that  its  decisions  result 
from  px)litical  bias  or  bribery. 

The  National  Police,  headed  by  the  Inspector  General  of  Police  under  the  Ministry 
of  Home  Affairs,  is  responsible  for  internal  security.  Although  the  army  is  apolitical, 
the  f)olice  occasionally  called  on  the  army  for  support.  While  violence  and  common 
crime  have  become  frequent,  there  was  no  indication  of  organized  activity  in  Malawi 


199 

or  abroad  by  remnants  of  the  Malawi  Young  Pioneers  (MYP),  formerly  the  MCPs 

f>aramilitary  wing.  Despite  notable  improvements,  there  continued  to  be  credible  al- 
egations  of  human  rights  abuses  by  the  police. 

Malawi  is  small,  densely  populated,  and  landlocked.  The  economy  is  predomi- 
nately agricultural.  Over  85  percent  of  the  population  derives  its  income  from  agri- 
culture. Tobacco  remains  the  primary  foreign  exchange  earner;  other  cash  crops  in- 
clude tea,  coffee,  and  sugar.  Foreign  aid  remains  a  critical  source  of  income.  The 
Government  continued  privatizing  the  ownership  of  public  enterprises.  The  economy 
was  expected  to  grow  by  7  percent  in  real  terms;  the  inflation  rate  was  about  15 
percent.  Annual  per  capita  income  is  below  $200.  Wealth  remains  concentrated  in 
the  hands  of  a  small  elite. 

The  Government  generally  respected  the  human  rights  of  its  citizens  in  many 
areas,  but  serious  problems  remained.  The  police  continued  to  abuse  detainees  and 
to  use  excessive  force  in  handling  criminal  suspects.  There  were  instances  of  deaths 
of  detainees  while  in,  or  shortly  after  release  from,  police  custody.  In  implementing 
reforms,  the  Inspector  General  of  Police  stressed  public  accountability  and  trans- 
parency. Prison  conditions  remained  poor.  Lengthy  pretrial  detention,  the  inefficient 
and  understaffed  judicial  system,  and  limited  resources  called  into  question  the  abil- 
ity of  defendants  to  receive  a  timely  and,  in  some  cases,  a  fair  trial.  High  levels  of 
crime  prompted  angry  mobs  to  execute  summarily  alleged  criminals. 

The  Malawi  Broadcasting  Corporation  inaugurated  its  second  channel,  and  the 
Government  granted  two  broadcast  licenses,  one  to  a  station  broadcasting  only  reli- 
gious programming  and  one  to  a  private  station  scheduled  to  begin  broadcasting  in 
early  1998.  By  contrast  the  print  media  continued  to  report  freely.  The  Human 
Rights  Commission  mandated  by  the  Constitution  to  explore  human  rights  viola- 
tions made  little  progress.  Women  continued  to  experience  severe  societal  discrimi- 
nation, and  violence  against  women  and  children  remained  a  problem.  The  Govern- 
ment took  steps  in  its  economic  development  programs  to  assist  disadvantaged 
women.  The  Government  intimidated  civil  servant  strikers,  dispersed  them  with 
tear  gas,  prohibited  their  peaceful  assembly,  and  arrested,  suspended,  or  transferred 
strike  leaders  in  an  effort  to  break  the  union. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killine. — There  were  no  reports  of  political 
killings.  There  were  incidents  of  deaths  of  detainees  while  in,  or  shortly  after  re- 
lease from,  police  custody.  These  deaths  involved  possible  use  of  excessive  force  or 
possible  negligence,  as  in  the  June  death  of  one  of  the  suspects  in  a  bank  fraud  case. 

Several  prisoners  died  largely  due  to  poor  prison  conditions  (see  Section  I.e.). 

Frustrated  by  inadequate  law  enforcement  and  rising  crime,  angry  mobs  some- 
times resorted  to  vigilante  justice  in  beating,  stoning,  or  burning  suspected  crimi- 
nals to  death.  The  Government  made  no  discernible  effort  to  punish  individuals  who 
carried  out  these  abuses. 

b.  Disappearance. — There  were  no  repwrts  of  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  and  other  cruel,  inhuman,  or  degrading  treat- 
ment. Although  that  provision  is  generally  respected,  the  Inspectorate  of  Prisons,  an 
investigative  Dody  mandated  by  tne  Constitution,  confirmed  that  the  police  contin- 
ued to  physically  abuse  detainees.  However,  the  incidence  of  abuse  dropped.  While 
higher  ranking  officials  demonstrated  familiarity  with  new  standards  for  the  hu- 
mane treatment  of  prisoners,  their  subordinates  commonly  employed  unacceptable 
techniques.  According  to  an  October  1996  Inspectorate  of  Prisons  report,  unaccept- 
able techniques  included  beatings,  whippings,  dog  attacks,  knifings,  and  the  inten- 
tional deprivation  of  food,  water,  toilet  facilities,  and  medical  care  to  force  confes- 
sions. These  abuses  are  sometimes  hidden  by  keeping  a  prisoner  in  police  custody 
until  wounds  heal  before  turning  the  prisoner  over  to  the  prison  system  for  remand. 
The  mistreatment  is  partly  due  to  the  mistaken  belief  oi  many  police  officers  that 
the  law  requires  them  to  present  a  case  (not  just  charges)  to  the  court  within  48 
hours  of  arrest.  The  Government  continued  to  seek  community  involvement  in  its 
comprehensive  reform  of  the  police. 

Prison  conditions  remained  poor.  Overcrowding,  inadequate  nutrition,  and  sub- 
standard sanitation  and  health  facilities  remained  serious  problems.  Poor  conditions 
contributed  to  the  deaths  of  several  prisoners  following  an  outbreak  of  tuberculosis 
at  the  prison  in  Zomba.  While  not  kept  in  separate  facilities,  women  are  segregated 
within  the  prison  compound  and  tended  by  female  guards. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  permits  the  accused  to  challenge 
the  legality  of  detention,  to  have  access  to  legal  counsel,  and  to  be  released  or  in- 


45-909    98-8 


200 

formed  of  charges  by  a  court  of  law  within  48  hours.  In  an  effort  to  comply  with 
the  48-hour  rule,  police  occasionally  resorted  to  beatings  in  order  to  extract  informa- 
tion necessary  to  their  case.  In  cases  where  the  court  determines  that  a  defendant 
cannot  afford  to  supply  his  own  counsel,  legal  services  are  supposed  to  be  provided 
by  the  Government.  With  few  persons  able  to  afford  legal  counsel,  the  country's  four 
public  defenders  were  not  sufncient  to  meet  the  needs  of  indigent  detainees.  Bail 
is  frequently  granted  to  reduce  prison  overcrowding.  Its  use  often  bears  only  a  tenu- 
ous relation  to  the  merits  of  an  individual's  situation.  December  statistics  indicated 
that  approximately  35  percent  of  the  5,950  prison  inmates  were  detainees  awaiting 
trial. 
Exile  is  not  used. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
cifiry,  and  the  Government  respects  this  provision  in  practice.  The  judiciary  dem- 
onstrated a  high  degree  of  independence  from  elected  ofiicials  in  several  high  profile 
political  cases.  Allegations  that  individual  judges  were  corrupt  or  politically  biased 
were  common.  The  judicial  system  is  also  handicapped  by  serious  weaknesses,  in- 
cluding poor  record  keeping,  shortage  of  trained  personnel,  and  a  heavy  caseload. 

The  Constitution  provides  for  a  High  Court,  a  Supreme  Court  of  Appeal,  and  sub- 
ordinate magistrate  courts.  The  Chief  Justice  is  appointed  by  the  President  and  con- 
firmed by  the  National  Assembly.  Other  justices  are  appointed  by  the  President  fol- 
lowing a  recommendation  by  the  Judicial  Service  Commission.  All  justices  are  ap- 
pointed until  the  age  of  65  and  may  be  removed  only  for  reasons  of  incompetence 
or  misbehavior,  as  determined  by  a  majority  in  Parliament  and  the  President. 

By  law  defendants  have  the  right  to  a  public  trial  but  not  to  a  trial  by  jury.  In 
dealing  with  murder  cases,  the  High  Court  nevertheless  used  juries  of  seven  persons 
from  the  defendant's  home  district.  Defendants  are  also  entitled  to  an  attorney,  the 
right  to  adduce  and  challenge  evidence  and  witnesses,  and  the  right  of  appeal.  How- 
ever, the  judiciary's  budgetary  and  administrative  problems  effectively  denied  expe- 
ditious trials  for  many  defendants. 

Traditional  court  judges,  absorbed  into  the  magistrate  court  system,  received 
some  training  to  acquaint  them  with  court  procedure  and  the  body  of  law  they  are 
now  expected  to  administer. 

Many  of  the  country's  old  repressive  laws  were  superseded  by  the  new  Constitu- 
tion. Tne  High  Court  overturned  old  laws  that  were  in  conflict  with  the  Constitu- 
tion. In  consultation  with  nongovernmental  organizations  (NGO's)  and  par- 
liamentarians, the  Law  Commissioner  addressed  the  ambiguities  in  the  Constitution 
and  proposed  legislation  on  women  to  bring  Malawi's  laws  into  compliance  with  new 
constitutional  standards. 

Juvenile  offenders  have  special  rights  under  the  Constitution,  including  the  right 
to  be  separated  in  custody  from  adults,  to  be  treated  in  a  manner  that  accounts  for 
age  and  the  possibility  for  rehabilitation,  and  to  be  exempted  from  the  punishment 
of  life  imprisonment  without  the  possibility  of  release. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Govern- 
ment authorities  generally  respected  the  constitutional  right  to  privacy  regarding 
person,  family,  home,  and  private  communications.  However,  army  and  police  forces, 
in  carrying  out  sweeps  for  illegal  weapons,  did  not  obtain  search  warrants  as  re- 
quired by  law.  Postal  authorities  have  apparently  ceased  their  past  practice  of  open- 
ing and  inspecting  private  correspondence. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  new  Constitution  superseded  old  laws  re- 
stricting the  press  and  now  provides  for  freedoms  of  speech  and  press.  The  Govern- 
ment generally  respected  these  rights  in  practice.  The  Government  also  generally 
tolerated  the  broaa  spectrum  of  political  and  ideological  opinion  presented  in  the 
country's  two  dozen  newspapers.  However,  media  representatives  complained  about 
government  secrecy  and  periodic  verbal  threats  against  members  of  the  press  by 
government  officials. 

Malawi  has  three  radio  stations.  A  small  private  station  broadcasts  only  religious 
programming  and  is  not  permitted  to  broadcast  news.  In  October  the  Government 
granted  a  license  for  a  second  private  radio  station.  State-owned  Malawi  Broadcast- 
ing Corporation  (MBC),  which  broadcasts  on  two  channels,  is  the  most  important 
medium  for  reaching  the  public.  MBC  programming  was  dominated  by  reporting  on 
the  activities  of  senior  government  figures  and  official  government  positions.  Parties 
and  groups  opposed  to  the  Government  largely  were  denied  access  to  the  broadcast 
media.  MBC  refused  te  air  paid  public  announcements  of  labor  union  events.  The 
Government  effectively  blocked  consideration  of  legislation  to  make  MBC  a  more 


201 

independent  public  broadcasting  entity  and  continued  to  deny  applications  to  estab- 
lish any  more  new  private  radio  stations. 
There  were  no  restrictions  on  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly  and  association,  and  the  Government  respects  these  rights  in 

J>ractice.  Authorities  routinely  granted  oflicial  permits,  which  are  required  by  law 
or  large  meetings.  The  Government  requires  organizations,  including  political  par- 
ties, to  register  with  the  Registrar  General  in  the  Ministry  of  Justice.  Despite  fre- 
quent lengthy  delays,  there  were  no  reports  of  groups  being  denied  registration. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  Religious  groups  must  register  with  the 
Government.  Missionaries  experienced  occasional  difnculties  in  renewing  employ- 
ment permits.  While  the  Government  announced  a  new  policy  and  procedures  on 
temporary  employment  permits,  there  were  lengthy  delays  involved  in  securing  re- 
newals oi  permits  (see  Section  5). 

d.  Freedom,  of  Movem.ent  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  have  freedom  of  movement  and  residence  within  the  country, 
and  the  right  to  leave  and  return.  Despite  the  lifting  of  restrictions  on  the  move- 
ment of  Asians,  to  date  there  has  been  little  movement  by  Asians  and  other  expatri- 
ates from  cities  and  towns  to  rural  areas. 

The  Government  cooperated  with  the  Office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  in  managing  the  refugee  community.  According  to  the 
UNHCR,  Malawi  hosted  over  1,700  refugees,  primarily  from  Somalia  and  the  Great 
Lakes  region,  at  the  country's  refugee  center.  Although  the  Government  grants  refu- 
gee status,  it  does  not  accept  refugees  for  resettlement  and  does  not  permit  them 
to  work  or  study.  Asylum  applicants  are  granted  hearings  to  make  their  case  for 
refugee  status.  Although  there  were  no  reports  of  bona  fide  refugees  seeking  first 
asylum  being  turned  away,  NGO  sources  have  expressed  concern  that  some  oithose 
found  not  to  be  bona  fide  refugees — primarily  Congolese — were  rejected  because  of 
poor  quality  translation  or  ambiguous  questions  that  trapped  or  misled  otherwise 
qualified  refugees.  There  were  no  reports  of  forced  return  of  persons  to  a  country 
where  they  feared  persecution. 

There  was  a  sharp  increase  in  the  number  of  Rwandan  and  Congolese  asylum 
seekers  during  December  1996  and  the  first  quarter  of  the  year.  The  Government 
is  increasingly  wary  of  those  who  travel  long  distances  to  seek  asylum  in  Malawi. 
In  February  the  Government  decided  that  no  further  applications  for  asylum  from 
Rwandans  would  be  considered.  The  Government  also  invoked  the  principle  of  first 
country  of  asylum,  as  many  of  the  Rwandans  and  Congolese  either  had  requested 
asylum  in  another  country  or  had  the  opportunity  to  do  so.  In  August  refugees  at 
the  center  were  told  that  they  could  choose  to  go  home  voluntarily  or  they  would 
be  required  to  demonstrate  fear  of  persecution  on  an  individual  basis.  Many  reg- 
isterea  their  willingness  to  repatriate.  In  August  security  personnel  turned  up  at 
the  center,  and  even  though  they  did  not  interact  with  the  refugees,  approximately 
600  refugees  fied,  fearing  forced  repatriation.  After  additional  assurances  that  any 
repatriation  would  be  voluntary,  some  refugees  returned  to  the  camp.  By  mid-Sep- 
tember 57  Rwandans  had  registered  their  willingness  to  repatriate,  and  a  screening 
process  had  begun  for  those  unwilling  to  repatriate. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  are  generally  able  to  exercise  this  constitutional  right.  Malawi  has  uni- 
versal suffrage  for  citizens  18  years  of  age  and  older.  There  were  allegations  of  vote 
buying  and  intimidation  during  by-elections. 

President  Muluzi,  Vice  President  Justin  Malewezi,  and  a  25-member  Cabinet  ex- 
ercise executive  authority.  The  Second  Vice  Presidency  remains  vacant  following  the 
resignation  of  Chakufwa  Chihana  and  the  collapse  of  the  UDF-AFORD  coalition. 
While  the  executive  and  the  legislature  were  elected  in  free,  democratic  elections, 
the  executive  in  fact  exerted  considerable  influence  over  the  legislature.  In  Novem- 
ber 1996,  the  Minister  of  Local  Affairs  reaffirmed  the  Government's  commitment  to 
the  ongoing  reorganization  of  local  government  structures,  but  the  Government  has 
taken  no  steps  to  date  to  organize  local  elections,  raising  the  possibility  of  further 
postponement.  In  July  the  Minister  of  Local  Government  announced  that,  to  hold 
down  costs,  local  government  elections  would  be  postponed  and  would  be  held  con- 
currently with  the  May  1999  presidential  and  parliamentary  elections.  Since  that 
announcement,  debate  over  representative  local  government  has  intensified  among 
the  Cabinet,  opposition  parties,  NGO's,  and  the  electoral  commission.  The  commis- 
sion has  questioned  the  postponement,  arguing  that  there  would  be  confusion  if 
local  and  national  elections  were  held  simultaneously  in  1999.  Although  the  Govern- 


202 

ment  does  not  prevent  the  operation  of  opposition  political  parties,  the  parties  have 
alleged  that  the  Government  utilizes  bribery  and  other  inducements  to  encourage 
opposition  party  divisions  and  defections  of  key  personnel  to  the  UDF. 

There  are  no  laws  that  restrict  the  participation  of  women  or  minorities  in  the 
political  process.  However,  there  are  very  few  women  in  prominent  government  posi- 
tions. Only  two  ministers  and  two  deputy  ministers  are  women,  and  there  are  nine 
women  in  the  National  Assembly.  The  Parliamentary  Women's  Caucus  has  worked 
effectively  with  the  Law  Reform  Commissioner  on  draft  legislation  to  bring  laws  into 
compliance  with  constitutional  guarantees  protecting  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  wide  variety  of  local  and  international  human  rights  groups  operated  without 
government  restriction,  training  civic  educators,  advocating  changes  to  existing  laws 
and  cultural  practices,  and  investigating  and  publishing  their  findings  on  human 
rights  cases.  Government  officials  are  generally  cooperative  and  responsive  to  their 
views. 

The  Ombudsman  is  mandated  by  the  Constitution  to  investigate  and  take  legal 
action  against  government  officials  responsible  for  human  rights  violations  and 
other  abuses.  However,  the  Ombudsman's  freedom  of  action  was  circumscribed  by 
legislation  that  requires  a  warrant  and  a  3-day  waiting  period  to  gain  access  to  cer- 
tain government  records.  The  Constitution  also  provides  for  a  National  Compensa- 
tion Tribunal  (NCT)  to  entertain  claims  of  criminal  and  civil  liability  against  the 
former  government.  As  of  August,  the  NCT  estimated  that  it  would  need  $35  million 
to  cover  the  estimated  7,000  filed  claims;  to  date,  only  15  percent  of  these  claims 
have  been  resolved.  Other  large  sums  were  disbursed  to  settle  non-NCT  lawsuits 
against  the  Government  for  similar  human  rights  violations.  However,  the  promi- 
nence of  many  of  the  recipients  raised  concerns  of  favoritism.  With  two  members 
named,  the  constitutionally  mandated  Human  Rights  Commission,  also  entrusted 
with  monitoring  and  protecting  against  violations  of  constitutional  rights,  had  bare- 
ly begun  to  function  by  year's  end  and  awaits  further  legislation  on  membership  and 
procedures. 

The  Inspectorate  of  Prisons  and  local  oreanizations  monitor  police  behavior  and 
prison  conditions  without  government  interference. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  specifically  provides  for  equal  rights  for  women;  forbids  discrimi- 
nation based  on  language,  culture,  or  religion;  and  generally  provides  every  citizen 
the  right  to  equality  and  recognition  before  the  law.  In  practice  the  capacity  of  gov- 
ernment institutions  to  assure  equal  rights  for  all  citizens  is  limited. 

Women. — Spousal  abuse,  especially  wife  beating,  is  common.  Malawian  society  has 
begun  to  take  problems  of  violence  against  women  more  seriously.  The  press  pub- 
lished more  frequent  accounts  of  rape  and  abuse,  and  the  judiciary  imposed  heavier 
penalties  on  those  convicted  of  rape.  However,  domestic  violence  is  not  discussed 
openly  by  women,  reportedly  even  among  themselves,  and  there  are  no  confidential 
shelters  or  facilities  for  treatment  of  women  who  suffer  physical  or  sexual  abuse. 
Police  do  not  normally  intervene  in  domestic  disputes. 

Under  the  new  Constitution,  women  have  the  right  to  full  and  equal  protection 
by  law  and  may  not  be  discriminated  against  on  the  basis  of  their  sex  or  marital 
status.  In  practice,  however,  discrimination  against  women  is  pervasive,  and  women 
do  not  have  opportunities  equal  to  those  available  to  men.  Women  have  significantly 
lower  levels  of  literacy,  education,  political  representation,  formal  and  nontradi- 
tional  employment  opportunities,  and  access  to  resources  to  increase  agricultural 
productivity. 

Women,  especially  in  rural  areas,  historically  have  been  unable  to  complete  even 
a  primary  education  and  are  therefore  at  a  serious  disadvantage  in  the  job  market. 
In  education,  accepted  economic  and  social  practice  hampers  the  ability  of  women 
and  girls  to  succeed.  In  the  15—45  age  group,  female  literacy  is  less  than  35  percent. 
Male  literacy  is  about  45  percent.  Girls  drop  out  of  school  more  frequently  than 
boys,  and  in  the  last  year  of  primary  school,  only  about  25  percent  of  all  students 
are  girls.  Despite  recent  significant  gains  in  girls'  education,  large  gaps  remain  be- 
tween girls'  and  boys'  achievement.  Still,  there  have  been  signs  of  improvement  in 
education  for  girls.  Girls  are  now  entering  first  grade  in  the  same  proportion  as 
boys,  and  39  percent  of  the  secondary  school  entrants  are  girls. 

Women  often  do  not  have  equal  access  to  legal  and  financial  assistance,  and  wives 
are  often  victims  of  discriminatory  inheritance  practices  in  which  the  majority  of  the 
estate  is  taken  unlawfully  by  the  deceased  husoand's  family.  Women  are  usually  at 


1 


203 

a  disadvantage  in  marriage,  family,  and  property  rights  but  have  begun  to  speak 
out  against  abuse  and  discrimination.  Female-headed  households  are  disproportion- 
ately represented  in  the  bottom  quarter  of  income  distribution.  In  a  country  where 
85  percent  of  the  population  is  rural,  70  percent  of  the  rural  female  population  farm 
full-time.  Typically,  women  work  more  hours  than  men  to  complete  the  same  farm 
tasks  because  they  rarely  have  the  improved  tools  and  equipment  and  remain  re- 
sponsible for  all  household  tasks.  Women  have  limited  access  to  agricultural  exten- 
sion services,  training,  and  credit.  Some  progress  has  been  made  in  all  of  these 
areas  with  gender  training  for  agricultural  extension  workers  and  the  gradual  intro- 
duction of  rural  credit  schemes  for  women.  The  participation  of  women  in  the  lim- 
ited formal  labor  market  is  particularly  constrained.  Women  make  up  less  than  5 
percent  of  the  country's  managerial  and  administrative  cadres. 

Women  face  significant  health  challenges.  Malawi  has  a  high  maternal  mortality 
rate.  AIDS  is  a  major  threat,  and  females  in  the  15  to  24  age  bracket  are  six  times 
more  likely  to  be  HIV  positive  than  men. 

The  Law  Reform  Commissioner  has  undertaken  a  review  of  legislation  that  dis- 
criminates against  women  and  has  proposed  legislation  to  bring  the  law  into  compli- 
ance with  new  constitutional  standards.  In  November  Parliament  passed  an  affili- 
ation bill  that  raised  the  minimum  level  of  child  support. 

The  Government  addresses  women's  concerns  through  the  Ministry  of  Women, 
Youth,  and  Community  Services.  The  National  Commission  on  Women  in  Develop- 
ment coordinates  government  and  NGO  activities.  The  inaugural  meeting  of  the 
Gender  Initiative  Network  (GEN)  was  held  in  March.  The  GIN  attempts  to  bring  to- 
gether the  largely  urban  women's  rights  activists  and  the  overwhelming  rural  ma- 
jority to  discuss  common  interests. 

Children. — The  Constitution  provides  for  equal  treatment  of  children  under  the 
law,  and  the  Government  greatly  increased  spending  on  children's  health  and  wel- 
fare. The  Government  established  free  primary  education  for  all  children  in  1994, 
although  education  is  not  compulsory.  Well  over  half  of  the  country's  children  live 
in  poverty,  mostly  in  rural  areas.  Children  in  rural,  female-headed  households  are 
among  the  poorest.  A  few  charitable  organizations  attempted  to  reduce  the  number 
of  child  beggars  in  urban  areas  and  find  alternative  care  for  them.  The  problem  of 
street  children  worsened  as  the  number  of  orphans  whose  parents  died  from  HIV/ 
AIDS  increased.  In  1995  there  were  an  estimated  140,000  children  who  had  lost 
their  mother  to  AIDS,  and  this  is  expected  to  increase  to  300,000  by  2000. 

Only  a  third  of  children  are  within  relatively  close  access  to  safe  drinking  water. 
The  infant  mortality  rate  is  high.  Child  malnutrition  is  a  serious  problem. 

There  are  societal  patterns  of  abuse  of  children.  A  few  small  ethnic  groups  prac- 
tice female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health.  The  media 
have  also  begun  to  report  on  the  sexual  abuse  of  children,  especially  in  relation  to 
traditional  practices  of  initiation.  While  rites  to  initiate  girls  into  their  future  adult 
roles  are  still  shrouded  in  secrecy,  emerging  data  suggest  that  abusive  practices  are 
widespread  and  more  damaging  than  previously  believed.  Also  the  belief  that  chil- 
dren are  unlikely  to  be  HIV  positive  contributes  to  the  sexual  abuse  of  minors.  Na- 
tional data  on  AIDS  cases  show  that  adolescent  girls  are  three  to  four  times  more 
likely  than  adolescent  boys  to  be  HIV  positive  or  to  suffer  from  AIDS. 

In  November  Parliament  passed  an  affiliation  bill,  which  raised  the  minimum 
level  of  child  support. 

People  With  Disabilities. — The  Government  has  not  mandated  accessibility  to 
buildings  and  services  for  the  disabled,  but  one  of  the  national  goals  listed  in  the 
new  Constitution  is  to  support  the  disabled  through  greater  access  to  public  places, 
fair  opportunities  in  employment,  and  full  participation  in  all  spheres  of  society.  The 
Ministry  of  Education  has  expressed  interest  in  beginning  special  education  pro- 
grams, but  funding  to  implement  them  is  uncertain.  Special  schools  and  training 
centers,  which  assist  individuals  with  disabilities,  and  several  self-supporting  busi- 
nesses run  by  and  for  the  disabled  have  existed  for  some  time. 

National  / Racial  / Ethnic  Minorities. — Malawians  of  African  heritage  are  members 
of  indigenous  tribes  and  are  not  discriminated  against  by  government  or  society. 
Former  restrictions  on  where  Asians  could  live  and  work  are  now  unconstitutional, 
(see  Section  2.d.). 

The  (government  considered  various  proposals  on  temporary  employment  permits 
for  expatriates  but  has  yet  to  clarify  its  policy  and  procedures.  The  Government's 
decision  not  to  automatically  renew  the  permits  caused  concern  and  sometimes 
hardship  to  businessmen,  teachers,  health  workers,  and  missionaries.  Business  resi- 
dence permits  are  readily  granted  to  new  investors. 


204 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Although  signed  into  law  in  May  1996,  the  Labor 
Relations  Act  did  not  enter  into  force  because  the  Ministry  failed  to  publish  a  notice 
establishing  the  date  the  legislation  was  to  take  effect.  TTius,  labor  issues  continue 
to  be  covered  by  the  old  legislation.  Workers  have  the  legal  right  to  form  and  join 
trade  unions,  but  unions  must  register  with  the  Ministry  of  Labor  and  Manpower 
Development  (MOLMD).  Unionization  is  on  the  rise,  but  resistance  on  the  part  of 
many  employers  remained.  Army  personnel  and  police  may  not  belong  to  trade 
unions,  but  other  civil  servants  are  allowed  to  form  unions.  There  were  13  reg- 
istered trade  unions.  Given  the  low  percentage  of  the  work  force  in  the  formal  sector 
(about  12  percent),  plus  the  lack  of  awareness  of  worker  rights  and  union  benefits, 
only  a  minuscule  percentage  of  the  work  force  are  union  members.  Unions  are  inde- 
pendent of  the  Government,  parties,  and  other  political  forces.  Although  there  are 
no  restrictions  on  the  number  of  union  federations,  Malawi  has  only  one,  the  Malawi 
Congress  of  Trade  Unions  (MCTU).  All  unions  are  affiliated  with  it.  According  to 
the  MOLMD,  there  are  no  unusually  difficult  registration  procedures  that  would 
prevent  a  trade  union  from  registering. 

Members  of  registered  unions  in  "essential  services"  have  the  right  to  strike  after 
having  carried  out  prescribed  procedures.  Essential  services  are  nowhere  specified; 
they  are  determinea  by  the  Minister  of  Labor.  The  Trade  Union  Act  requires  that 
labor  disputes  in  essential  services  be  reported  in  writing  to  the  Minister  of  Labor, 
who  then  attempts  to  negotiate  a  settlement.  He  may  refer  the  case  to  a  tribunal 
within  28  days  of  receiving  the  dispute  report  if  it  is  not  possible  to  reconcile  the 
parties.  The  law  implies  that  if  a  trade  dispute  has  gone  through  this  process,  and 
if  it  has  not  been  resolved  or  referred  to  a  tribunal,  workers  in  essential  services 
may  strike.  There  were  several  strikes,  especially  in  the  public  sector,  with  no  clear 
agreement  on  which  ones  were  legal.  As  the  Trade  Union  Act  requires  that  unions 
must  approve  strikes  by  secret  ballot,  all  the  strikes  may  have  been  illegal. 

In  April  the  Government  intimidated  civil  servant  strikers  by,  among  other 
things,  dispersing  them  with  tear  gas  and  police  dogs,  prohibiting  them  from  assem- 
bling peacefully  outside  their  places  of  work,  arresting  activists  on  dubious  grounds, 
and  suspending  or  transferring  strike  leaders  in  an  effort  to  break  the  union.  The 
civil  servants  returned  to  work  without  resolving  any  of  the  outstanding  issues. 
Through  the  end  of  the  year,  the  Government  and  union  continued  to  talk  sporadi- 
cally. 

Laws  do  not  specifically  prohibit  retaliation  against  strikers.  There  is  no  prohibi- 
tion on  actions  against  unions  that  are  not  legally  registered.  Arbitration  rulings  are 
legally  enforceable. 

Unions  may  form  or  join  federations  and  affiliate  with  international  organizations 
with  government  permission. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — ^Unions  have  the  right  to  or- 
ganize. The  right  to  bargain  collectively,  although  practiced,  is  only  implied  and  not 
expressly  protected  by  law. 

The  Ministry  of  Labor  sets  minimum  wage  rates  based  on  recommendations  of  the 
Tripartite  Wages  Advisory  Board. 

The  law  pronibits  antiunion  discrimination  by  employers,  but  there  are  no  effec- 
tive mechanisms  for  resolving  complaints,  and  there  is  no  legal  requirement  that 
employers  reinstate  workers  dismissed  because  of  union  activities. 

In  August  1995,  Parliament  approved  legislation  to  establish  export  processing 
zones  (EPZ's);  six  were  operational  by  year's  end.  The  full  range  of  labor  legislation 
applies  to  the  EPZ's. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Government  does  not  specifi- 
cally prohibit  forced  and  bonded  labor  oy  children,  but  there  were  no  reports  that 
it  occurred  outside  the  agricultural  sector  (see  Section  6.d.).  The  new  Constitution 
prohibits  forced  labor,  and  such  labor  is  generally  not  employed. 

d.  Status  of  Child  Labor  Practices  ana  Minimum  Age  for  Employment. — The  Gov- 
ernment does  not  specifically  prohibit  forced  and  bonded  labor  by  children,  but  there 
are  no  reports  that  it  occurred  outside  the  agricultural  sector.  The  Constitution  de- 
fines children  as  those  under  the  age  of  16  years  and  prohibits  the  employment  of 
children  in  work  that  is  hazardous,  harmful,  industrial,  or  interferes  with  their  edu- 
cation. However,  while  primary  education  is  now  free  and  universal,  it  is  not  com- 
pulsory. Less  than  20  percent  of  children  finish  primary  school,  which  runs  from  age 
6  to  age  13.  Enforcement  by  police  and  labor  inspectors  in  the  MOLMD  is  not  effec- 
tive because  of  budgetary  constraints.  There  is  significant  child  labor  on  tobacco  and 
tea  estates,  subsistence  farms,  and  in  domestic  service.  There  is  no  special  legal  re- 
striction on  children's  daytime  work  hours. 

e.  Acceptable  Conditions  of  Work. — There  are  two  legislated  minimum  wage  rates. 
The  urban  minimum  wage  is  roughly  $0.68  (MK11.85)  per  day,  including  $0.05  for 


205 

rent;  in  all  other  areas  it  is  roughly  $0.49  (MK8.50)  per  day,  including  $0.05  for 
rent.  These  waees  are  insufficient  to  support  a  worker  and  family.  Moreover,  the 
MOLiMD  is  unable  effectively  to  enforce  the  minimum  wage.  The  prescribed  mini- 
mum wages  are  lai^ely  irrelevant  for  the  great  majority  of  citizens  who  earn  their 
livelihood  outside  the  formal  wage  sector.  Wage  earners  tend  to  supplement  their 
incomes  through  farming  activities  carried  out  through  the  extended  family  net- 
work. 

The  maximum  legal  workweek  is  48  hours,  with  a  mandatory  weekly  24-hour  rest 
period.  The  laws  require  payment  for  overtime  work  and  prohibit  excessive  compul- 
sory overtime.  However,  labor  inspections  are  more  the  exception  than  the  rule,  and 
the  statutory  restrictions  are  frequently  violated. 

The  Workers'  Compensation  Act  includes  extensive  occupational  health  and  safety 
standards.  Enforcement  of  these  standards  by  the  MOLMD  is  erratic,  and  workers — 
particularly  in  industrial  jobs — often  work  without  basic  safety  clothing  and  equip- 
ment. MOLMD  officials  say  that  workers  have  the  right  to  remove  themselves  from 
dangerous  work  situations  without  jeopardy  to  continued  employment.  However, 
given  the  low  level  of  education  of  most  workers  and  the  high  level  of  unemploy- 
ment, they  are  unlikely  to  exercise  this  right.  Workers  dismissed  for  filing  com- 
plaints about  workplace  conditions  can  theoretically  file  a  complaint  with  the  near- 
est labor  office  or  sue  the  employer  for  wrongful  dismissal. 


MALI 


Mali  is  a  constitutional  democracy.  President  Alpha  Oumar  Konare  was  reelected 
to  a  s6cond  5-year  term  in  May.  The  Government  held  first-round  legislative  elec- 
tions in  April,  but  the  Constitutional  Court  canceled  the  results  due  to  poor  organi- 
zation of  tne  polling  process.  The  Government  subsequently  held  legislative  elections 
in  July  and  August.  A  collective  of  18  opposition  parties  boycotted  both  the  presi- 
dential and  legislative  elections,  which  were  administratively  fiawed  but  considered 
generally  free  and  without  evident  fraud.  Numerous  opposition  parties,  however,  did 
participate.  The  ruling  party,  the  Alliance  for  Democracy  in  Mali  (ADEMA),  domi- 
nates tne  newly  elected  National  Assembly,  which  includes  representatives  of  oppo- 
sition and  ADEMA-aligned  parties.  The  President  reappointed  Prime  Minister 
Ibrahim  Boubacar  Keita  as  head  of  government.  The  Government  named  a  new  cab- 
inet in  September  that  includes  opposition  and  ADEMA-aligned  members.  The  1995 
peace  agreement  between  the  Government  and  Tuareg  and  Maur  rebel  groups  re- 
mained in  force.  The  Government  continues  to  exert  influence  on  the  judiciary. 

Security  forces  are  composed  of  the  army,  air  force.  Gendarmerie,  the  National 
Guard,  and  the  police.  The  army  and  air  force  are  under  the  control  of  the  civilian 
Minister  of  the  Armed  Forces  and  Veterans,  as  are  the  Gendarmerie  and  the  Na- 
tional Guard.  The  police  are  under  the  Ministry  of  Territorial  Administration  and 
Security.  The  police  and  gendarmes  share  responsibility  for  internal  security. 

Mali  is  a  very  poor  country  with  a  market-based  economy.  Most  of  the  work  force 
is  employed  in  the  agricultural  sector,  particularly  farming  and  animal  husbandry, 
making  the  country  highly  dependent  upon  adequate  rainfall  for  its  economic  well- 
being.  The  principal  exports  are  cotton,  livestock,  and  gold,  which  are  the  country's 
leading  sources  of  foreign  exchange.  There  is  a  very  small  industrial  sector,  largely 
based  on  the  manufacture  of  textiles,  beverages,  and  processed  food  products.  The 
Gross  National  Product  is  approximately  $270  per  capita,  which  provides  most  of 
the  population  with  a  low  standard  of  living.  Tne  Government  continues  to  make 
progress  in  implementing  reforms  aimed  at  modernizing  the  economy.  Nevertheless, 
the  country  is  still  beset  by  economic  problems,  including  a  poor  infrastructure  and 
heavy  dependence  upon  foreign  assistance.  Social  limitations,  including  a  current  es- 
timated literacy  rate  of  roughly  20  percent  and  a  high  population  growth  rate,  also 
contribute  to  poverty. 

The  Government  generally  respected  constitutional  provisions  for  freedom  of 
speech,  press,  assembly,  association,  and  religion.  However,  prison  conditions  are 
poor,  and  the  judicial  system's  large  case  backlog  results  in  long  periods  of  pretrial 
detention.  The  executive  branch  retains  influence  over  the  judiciary.  However,  dur- 
ing the  year,  the  Constitutional  Court  demonstrated  independence  by  rejecting  sev- 
eral items  submitted  by  the  National  Assembly  pertaining  to  electoral  and  adminis- 
trative matters.  Election  related  violence  resulted  in  the  deaths  of  four  persons.  So- 
cial and  cultural  factors  continued  to  sharply  limit  economic  and  educational  oppor- 
tunities for  most  women.  In  September  the  Government  upgraded  the  former  Com- 
mission for  the  Promotion  of  Women  to  become  the  Ministry  for  the  Promotion  of 
Women,  Children,  and  the  Family.  However,  societal  violence  against  women  and 


206 

children,  including  spousal  abuse  and  female  genital  mutilation  (FGM),  is  wide- 
spread. 

RESPECT  FOR  HUMAN  RIGHTS 
Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — On  May  11,  a  bomb  exploded  in  a 
crowded  Bamako  market  on  the  day  of  the  presidential  elections,  killing  a  12-year- 
old  vendor  and  wounding  several  other  persons.  On  July  20,  unidentified  person(s) 
shot  into  a  group  of  people  outside  a  polling  station  in  San  on  the  day  of  the  legisla- 
tive elections,  killing  two  persons  and  wounding  several  others.  In  neither  instance 
have  the  assailants  been  identified. 

On  August  10,  a  mob  beat  a  police  officer  to  death  in  Bamako  outside  an  opposi- 
tion party  meeting.  The  police  subsequently  arrested  10  opposition  party  officials  for 
inciting  violence  against  a  police  officer  and  for  failing  to  assist  a  person  in  peril. 
The  Prosecutor  General  released  the  10  on  bail  on  October  3;  further  investigation 
is  underway.  At  year's  end,  the  judicial  system  was  reviewing  the  case  to  determine 
whether  to  proceed  with  a  trial. 

In  March  there  were  three  incidents  where  mobs  attacked  four  individuals  ac- 
cused of  using  magical  powers  to  reduce  the  size  of  male  sex  organs  or  make  them 
disappear.  On  March  28,  an  individual  died  as  a  result  of  a  mob  beating;  two  per- 
petrators were  subsequently  arrested. 

There  were  no  developments  in  the  1994  deaths  of  the  Swiss  Cooperation  Mission 
director  and  his  two  Malian  colleagues,  who  were  killed  by  an  army  patrol  in 
Niaftinke.  A  government  mission  of  inquiry  into  their  deaths  determined  that  the 
actions  were  unwarranted  and  unjustified.  However,  to  date,  the  Government  has 
taken  no  action  to  expedite  the  case,  which  remains  on  file  at  a  regional  court.  In 
March  1996,  President  Konare  ofiered  a  public  apology,  which  was  accepted  by  the 
Swiss  Government.  The  latter  subsequently  resumed  its  assistance  program  after  a 
year's  suspension. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices,  and  the  authorities  generally  respect 
these  provisions.  However,  in  August  police  officers  assaulted  a  group  of  journalists 
(see  Section  2.a.). 

Prison  conditions  are  poor.  Prisons  continue  to  be  characterized  by  overcrowding, 
inadequate  medical  facilities,  and  limited  food  supplies.  They  remain  below  mini- 
mum international  standards.  In  Bamako  juvenile  offenders  are  usually  held  in  the 
same  prison  as  adult  offenders  but  are  kept  in  separate  cells.  Women  are  housed 
in  the  same  prison  facility  as  men  but  live  in  a  separate  compound.  In  regional  pris- 
ons outside  the  capital,  men  and  women  are  housed  in  the  same  building  out  in  sep- 
arate cells.  In  these  facilities,  children  share  cells  with  adult  prisoners  of  the  same 
sex. 

Several  organizations,  including  the  Malian  Association  of  Human  Rights,  the  Ma- 
lian Association  of  Women  Jurists,  and  other  nongovernmental  organizations  visited 
prisoners  and  are  working  with  women  and  juvenile  prisoners  to  improve  their  con- 
ditions. The  International  Committee  of  the  Red  Cross  (ICRC)  continued  to  visit 
leading  members  of  the  former  government. 

A  report  released  by  Amnesty  International  (AI)  in  December  accuses  the  Govern- 
ment of  instances  of  torture.  The  Government  denied  the  charges  and  requested  AI 
to  visit  the  country  to  investigate  its  claims.  The  opposition  generally  agreed  with 
the  report.  There  were  no  media  reports  of  torture  during  the  year. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  provides  that  suspects 
must  be  charged  or  released  within  48  hours  and  are  entitled  to  counsel.  In  practice, 
however,  detainees  are  not  always  charged  within  the  48-hour  period.  Moreover,  ad- 
ministrative backlogs  and  insufiicient  lawyers,  judges,  and  courts  often  cause 
lengthy  delays  in  bringing  people  to  trial.  In  extreme  cases,  individuals  have  re- 
mained several  years  in  prison  before  coming  to  trial.  Judicial  warrants  are  required 
for  arrest.  Local  lawyers  have  estimated  that  about  half  of  prison  inmates  are  pre- 
trial detainees.  Limited  rights  of  bail  or  the  granting  of  conditional  liberty  exist, 
particularly  for  minor  crimes  and  civil  matters.  On  occasion  the  authorities  release 
defendants  on  their  own  recognizance. 

In  October  and  November,  President  Konare  pardoned,  freed  on  bail  or  conditional 
liberty,  or  dropped  charges  against  62  opposition  officials.  On  December  8,  he  com- 
muted death  sentences  against  all  21  individuals  under  threat  of  this  penalty,  in- 
cluding former  President  Moussa  Traore  and  General  Coulibaly.  On  December  26, 
he  pardoned  former  Minister  of  Defense,  General  Mamadou  Coulibaly,  as  a  pre- 
Ramadon  humanitarian  gesture. 


1 


/  207 

Former  first  lady  Mariam  Traore  and  former  Customs  Commissioner  Douah  Abra- 
ham Sissoko,  who  were  placed  under  detention  following  the  fall  of  the  Moussa 
Traore  regime  in  1991,  remain  under  detention.  In  1997  they  were  charged  with 
"economic  crimes,"  including  "abuse  of  a  position  of  power,"  and  "illicit  enrichment." 
Their  cases  have  not  come  to  trial  and  remain  under  review  by  the  Civil  Chamber 
of  Investigation. 

The  Government  does  not  practice  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  the  executive  branch  continues  to  exert  influence  over  the  juaicial  system. 
The  Ministry  of  Justice  appoints  iudges  and  supervises  both  law  enforcement  and 
judicial  fiinctions,  and  the  Presiaent  heads  the  Superior  Judicial  Council,  which 
oversees  judicial  activity.  During  the  July  and  August  electoral  period,  President 
Konare  resp>ected  the  Court's  decisions  on  electoral  law,  even  though  the  decisions 
often  went  against  his  preferred  course  of  action.  During  the  year,  the  Constitu- 
tional Court  demonstrated  its  independence  by  rejecting  several  items  submitted  by 
the  National  Assembly  pertaining  to  electoral  ana  admmistrative  matters.  In  Janu- 
ary the  Court  ruled  that  citizens  of  members  of  the  Economic  Community  of  West 
African  States  (ECOWAS)  could  not  vote  in  Malian  elections;  the  National  Assembly 
deputies  in  multicandidate  districts  must  be  elected  nationwide  by  one  system — ei- 
ther by  majority  vote  or  proportionally;  and  that  independent  candidates  could  run 
in  all  elections.  In  September  the  Court  ruled  that  a  simple  majority  rather  than 
a  two-thirds  majority  could  adopt  ordinary  laws;  that  National  Assembly  debates 
could  not  be  held  in  local  languages  due  to  the  status  of  French  as  the  nation's  offi- 
cial language;  and  that  the  National  Assembly  could  not  remove  deputies  from  office 
for  failure  to  attend  sessions. 

The  Supreme  Court  has  both  judicial  and  administrative  px)wers.  The  Constitution 
established  a  separate  Constitutional  Court  which  oversees  issues  of  constitutional- 
ity and  acts  as  an  election  arbiter.  The  Constitution  also  provides  for  the  convening 
of  a  High  Court  of  Justice  with  the  power  to  try  senior  government  ofTicials  in  cases 
of  treason. 

Except  in  the  case  of  minors,  trials  are  public,  and  defendants  have  the  right  to 
be  present  and  have  an  attorney  of  their  choice.  Defendants  are  presumed  innocent 
and  have  the  right  to  confront  witnesses  and  to  appeal  decisions  to  the  Supreme 
Court.  Court-appointed  attorneys  are  provided  for  the  indigent  without  charge.  The 
maiority  of  disputes  in  rural  areas  are  decided  by  the  village  chief  in  consultation 
with  the  elders.  If  these  decisions  are  challenged  in  court,  only  those  found  to  have 
legal  merit  are  upheld. 

Women  and  minorities  are  not  discriminated  against  in  courts,  but  traditional 
practice  discriminates  against  women  in  inheritance  matters. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  the  home,  and  the  Government  respects 
this  right  in  practice.  Police  searches  are  infrequent  and  require  judicial  warrants. 
Security  forces  do,  however,  maintain  physical  and  technical  surveillance  of  individ- 
uals and  groups  believed  to  be  threats  to  internal  security,  including  surveillance 
of  telephone  and  written  correspondence  of  individuals  deemed  to  be  a  threat  to  na- 
tional security. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  the  Government  respects  these  rights  in  practice.  There  are  ap- 

f)roximately  40  independent  newspapers  and  journals,  in  French,  Arabic,  and  local 
anguages.  There  are  five  daily  newspapers:  three  are  independent,  one  is  allied 
with  the  ruling  party,  and  one  is  government  controlled. 

The  Government  controls  one  television  station  and  one  of  many  radio  stations, 
but  all  present  a  wide  range  of  views,  including  those  critical  of  the  Government, 
the  President,  the  Prime  Minister,  and  other  politicians. 

Fifteen  independent  radio  stations  exist  in  Bamako,  and  there  are  approximately 
40  additional  stations  throughout  the  country.  Two  private  television  companies  re- 
broadcast  French,  British,  South  African,  and  American  television  programs,  includ- 
ing news  bulletins.  The  Government  made  little  progress  toward  private  television 
licensing  during  the  year. 

Laws  passed  in  1993  regulate  the  press  and  provide  for  substantial  penalties,  in- 
cluding imprisonment,  for  slander  and  for  public  injury  to  the  Head  ot  State,  other 
officials,  and  foreign  diplomats;  these  laws  leave  injury  undefined  and  subject  to  ju- 
dicial interpretation. 

On  August  11,  police  officers  assaulted  and  detained  for  2  hours  a  group  of  jour- 
nalists attending  a  press  conference  at  the  headquarters  of  an  opposition  party  in 


208 

Bamako.  Two  of  the  journalists  sustained  injuries.  On  the  following  day,  the  Gov- 
ernment apologized  for  the  incident;  the  40  to  50  police  officers  involved  were  for- 
mally reprimanded  for  their  actions.  The  event  occurred  1  day  after  a  mob  outside 
an  opposition  meeting  beat  a  police  officer  to  death. 
Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Grovernment  generally  respects  them  in  practice.  On  April  16, 
the  police  prevented  the  opposition  from  marchmg  in  protest  over  the  mismanaged 
legislative  election.  While  political  meetings  take  place  openly,  in  a  local  decision, 
the  Gtovemor  of  Bamako  announced  in  mid-year  that  no  permits  would  be  issued 
for  political  rallies  during  the  period  prior  to  the  legislative  elections  due  to  the  fear 
of  mob  violence.  The  restriction  applied  to  the  remainder  of  the  election  campaign 
(May  to  August)  after  previous  rallies  had  turned  violent.  Nonetheless,  several  oppo- 
sition rallies  were  held  during  the  period  of  prohibition;  police  sometimes  used  tear 
gas  to  disperse  illegal  gatherings.  Following  the  election  period,  permits  for  rallies 
were  issued,  includmg  one  for  a  December  28  march  and  rally  held  by  a  collective 
of  opposition  political  parties. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion  and  de- 
clares Mali  to  be  a  secular  state.  The  Government  does  not  discriminate  on  religious 
grounds,  and  citizens  are  free  to  practice  their  faiths.  Although  legal  restrictions  on 
the  Baha'i  faith  still  exist,  the  Government  does  not  enforce  them,  and  Baha'i  wor- 
ship freely.  The  Minister  of  Territorial  Administration  and  Security  can  prohibit  re- 
ligious publications  that  he  concludes  defame  another  religion,  but  there  were  no 
known  instances  of  publications  being  prohibited. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  gen- 
ereilly  respects  them  in  practice.  The  Government  generally  does  not  restrict  inter- 
nal movement,  and  does  not  restrict  international  travel.  However,  police  routinely 
stop  and  check  both  citizens  and  foreigners  to  restrict  the  movement  of  contraband 
and  to  verify  vehicle  registrations.  Some  police  and  gendarmes  use  the  occasion  to 
extort  bribes. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. Although  Mali  has  no  legislation  regarding  refugee  asylum  and  resettlement, 
the  Government,  in  practice,  provides  first  asylum  for  refugees.  Those  granted  refu- 
gee status  by  the  UNHCR  are  permitted  to  remain,  albeit  in  a  legal  vacuum  due 
to  the  absence  of  resettlement  legislation.  There  were  no  reports  of  forced  return 
of  persons  to  a  country  where  they  feared  persecution. 

As  many  as  15,000  Mauritanian  refugees  remain  in  Mali,  although  their  status 
has  not  been  formalized  because  the  Government  does  not  recognize  them  as  refu- 
gees. They  are  being  assisted  by  NGO's  and  the  UNHCR,  which  is  also  facilitating 
their  voluntary  repatriation. 

The  Government  has  cooperated  with  the  UNHCR  in  repatriating  Malian  Tuaregs 
from  neighboring  countries.  More  than  111,000  refugees  have  returned  spontane- 
ously or  with  UNHCR  assistance.  The  remaining  33,500  Malian  refugees  are  ex- 
pected to  repatriate  by  early  1998. 

Mali  hosts  approximately  2,000  Sierra  Leonians  and  Liberians,  1,600  of  whom  are 
registered  with  the  UNHCR  as  refugees.  The  status  of  the  remaining  400,  who  have 
requested  asylum,  is  yet  to  be  determined. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government  and  did  so  for  the  first  time 
in  1992.  In  May  citizens  elected  President  Alpha  Oumar  Konare  to  a  second  5-year 
term  by  secret  ballot  in  elections  that  were  open  to  all,  well-administered,  and  free 
of  evident  fraud  and  manipulation.  Eight  candidates  competed  for  the  presidency, 
although  six  asked  to  withdraw  on  the  day  before  the  election.  The  Constitutional 
Court  refused  their  request,  but  permitted  their  names  to  be  deleted  from  the  an- 
nounced balloting  totals. 

The  Constitutional  Court  canceled  the  results  of  legislative  elections  held  in  April 
due  to  the  poor  organization  of  the  polling  process.  The  Government  subsequently 
held  the  elections  on  July  20  and  August  3.  A  collective  of  opposition  px)litical  par- 
ties consisting  of  18  opposition  parties  boycotted  both  the  presidential  and  the  legis- 
lative elections;  17  parties  participated  in  the  legislative  elections  and  8  won  seats 
in  the  National  Assembly.  In  several  instances,  however,  opposition  candidates  ran 
on  the  same  slate  as  candidates  from  the  maiority  party,  the  Alliance  for  Democracy 
in  Mali.  ADEMA  holds  130  of  147  seats  in  the  National  Assembly,  with  12  held  by 
allied  parties  and  5  held  by  opposition  parties. 


209 

Under  the  Constitution,  the  President  is  Chief  of  State  and  Commander-in-Chief 
of  the  armed  forces  and  is  elected  for  a  term  of  5  years  with  a  Hmit  of  two  terms. 
The  President  appoints  the  Prime  Minister. 

There  are  no  restrictions  on  voting,  legal  or  otherwise,  for  women  or  minorities. 
However,  women  are  underrepresented  in  politics.  A  total  of  18  women  hold  seats 
in  the  147-member  National  Assembly,  compared  with  3  elected  in  1992.  Six  cabinet 
members  are  women.  Nomadic  peoples,  including  Fulani  and  Taureg,  are  rep- 
resented in  both  the  Cabinet  and  National  Assembly.  The  President  of  the  Assembly 
is  Fulani. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Independent  human  rights  organizations — including  the  Malian  Association  for 
Human  Rights  (AMDH),  a  smaller  Malian  League  of  Human  Rights,  and  a  local 
chapter  of  Amnesty  International — operate  openly  and  without  interference  from  the 
Government.  Since  1994  the  Government  has  held  an  annual  Democracy  Forum  in 
December  to  which  it  invited  citizens  to  voice  discontent  and  grievances  against  the 
Government  publicly  in  the  presence  of  international  human  rights  observers.  The 
events  are  well  attended  by  local  citizens  from  all  walks  of  life  who  speak  freely. 
International  media  and  human  rights  observers  were  present  at  the  forum.  The 
ICRC  has  an  office  in  Bamako  and  has  strengthened  its  presence  in  the  north  by 
opening  offices  in  Timbuktu  and  Gao. 

Held  on  December  10,  the  annual  Democracy  Forum  received  live  radio  and  tele- 
vision coverage  for  its  12-hour  session.  A  panel  of  international  jurors  reviewed  92 
questions  on  government  performance  ana  human  rights,  questioning  government 
ministers  on  the  slowness  of  the  judicial  system,  insufficient  number  of  judges,  and 

Eoor  prison  conditions.  The  Minister  of  Justice  responded  that  he  had  closed  the 
[idal  prison,  built  new  prisons,  and  undertaken  a  review  of  the  judicial  system. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  social  origin,  color,  language, 
sex,  or  race,  and  the  Government  respects  these  provisions  in  practice.  However,  so- 
cial and  cultural  factors  give  men  a  dominant  role. 

Women. — Although  the  Constitution  prohibits  discrimination  based  on  sex  and 
provides  for  the  basic  rights  of  all  persons,  violence  against  women,  including  wife 
beating,  is  tolerated  and  common. 

Women's  access  to  jobs  in  the  professions  and  government,  and  to  economic  and 
educational  opportunities  has  traditionally  been  limited.  Women's  groups  held  a  se- 
ries of  workshops  and  seminars  that  assisted  in  increasing  enrollment  of  girls  in  the 
primary  schools.  For  example  a  1995-96  national  demographic  and  health  survey 
found  that  81  percent  of  women  between  the  ages  of  15  and  49  received  no  edu- 
cation (compared  with  69.3  percent  of  men).  Women  comprise  15  percent  of  the  labor 
force.  The  Government,  the  major  employer,  pays  women  the  same  as  men  for  simi- 
lar work.  Women  oflen  live  under  harsh  conditions,  especially  in  the  rural  areas, 
where  they  perform  hard  farm  work  and  do  most  of  the  cnildrearing.  Despite  legisla- 
tion giving  women  equal  rights  regarding  property,  traditional  practice  and  igno- 
rance of  the  law  prevent  women  from  taking  full  advantage  of  this  reform.  In  March 
1996,  the  Government  launched  a  4-year  national  plan  of  action  for  the  promotion 
of  women.  The  plan,  financed  by  national,  regional,  and  local  community  budgets, 
seeks  to  reduce  inequalities  between  men  and  women  in  six  target  areas,  including 
education,  health,  and  legal  rights.  Under  the  plan  there  have  oeen  several  work- 
shops and  seminars  on  relevant  issues.  On  October  30,  President  Konare  presided 
at  the  opening  of  a  workshop  on  women's  rights  to  emphasize  his  Government's 
commitment  to  enhancing  the  status  of  women. 

There  are  numerous  active  women's  groups  that  promote  the  rights  of  women  and 
children.  In  September  the  Government  appointed  six  women  to  the  rank  of  min- 
ister in  the  new  cabinet  (see  Section  3).  Women  have  very  limited  access  to  legal 
services.  They  are  particularly  vulnerable  in  cases  of  divorce,  child  custody,  and  in- 
heritance rights,  as  well  as  in  the  general  protection  of  civil  rights. 

Children. — Although  primary  education  is  compulsory  through  the  sixth  grade, 
only  one  in  two  children  receives  basic  education.  Literacy  rates  among  women, 
however,  remain  low  due  to  a  low  degree  of  adherence  to  this  requirement,  a  lack 
of  primary  schools,  cultural  tendencies  to  place  less  emphasis  on  education  for 
women,  and  the  fact  that  most  of  the  population  live  in  rural  areas.  There  is  no 
constitutional  or  legal  provision  to  protect  the  interests  and  rights  of  children,  and 
no  juvenile  court  system.  However,  the  Malian  Social  Services  Department  inves- 
tigates and  intervenes  in  cases  of  reported  child  abuse  or  neglect. 


210 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  still  com- 
mon, especially  in  rural  areas,  and  is  performed  on  girls  at  an  early  age.  According 
to  the  1995-96  national  demographic  and  health  survey,  at  least  93.7  percent  of 
women  have  undergone  this  mutilation.  The  Government  has  not  proposed  legisla- 
tion prohibiting  FGM.  However,  it  supports  educational  efforts  to  eliminate  the 
practice  through  seminars  and  conferences  and  provides  media  access  to  proponents 
of  its  elimination.  In  December  1996,  the  Government  formed  a  National  Action 
Committee  to  promote  the  eradication  of  harmful  health  practices  against  women 
and  children.  The  Committee  actively  engages  in  information  and  public  awareness 
canvpaigns,  training,  promotion  of  research,  legislative  reform,  and  support  for 
NGO's  with  related  interest. 

People  With  Disabilities. — There  is  no  specific  legislation  protecting  the  rights  of 
the  pnysically  or  mentally  disabled,  nor  mandating  accessibility.  The  Government 
does  not  discriminate  against  the  physically  disabled  in  regard  to  employment,  edu- 
cation, and  other  state  services.  In  October  the  Government  sponsorea  a  month-long 
solidarity  campaign  to  promote  the  participation  of  the  disabled  in  society  and  in- 
creased employment  opportunities  for  the  disabled.  Given  the  high  unemployment 
rate,  however,  the  physically  disabled  are  often  unable  to  find  work. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  the  Labor  Code  specifically 
provide  for  the  freedom  of  workers  to  form  or  join  unions  and  protect  freedom  of 
association.  Only  the  military,  the  Gendarmerie,  and  the  National  Guard  are  ex- 
cluded from  forming  unions.  Virtually  all  salaried  employees  are  organized.  Workers 
have  established  independent  unions  for  teachers,  magistrates,  health  workers,  and 
senior  civil  servants,  and  most  are  affiliated  with  the  National  Union  of  Malian 
workers  (UNTM)  confederation.  The  UNTM  has  maintained  its  autonomy  from  the 
Government. 

Early  this  year,  the  UNTM  fragmented  following  a  dispute  over  leadership.  In 
September,  however,  9  of  the  12  component  groups  reconstituted  the  UNTM.  Three 
groups  remain  outside  the  main  body,  and  continue  to  dispute  the  UNTM's  direc- 
tion. 

The  Constitution  provides  for  the  right  to  strike,  although  there  are  restrictions 
in  some  areas.  For  example,  civil  servants  and  workers  in  state-owned  enterprises 
must  give  2  weeks'  notice  of  a  planned  strike  and  must  enter  into  negotiations  with 
the  employer  and  a  third  party,  usually  the  Ministry  of  Labor.  The  Labor  Code  pro- 
hibits retribution  against  strikers,  and  the  Government  respects  this  requirement 
in  practice.  During  the  year,  post  office,  teachers,  police,  and  electrical  workers 
unions  threatened  to  go  on  strike.  Each  subsequently  negotiated  and  signed  collec- 
tive bargaining  agreements. 

Unions  are  free  to  associate  with  and  participate  in  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Coltectiuely. — The  growth  of  independent 
unions  has  led  to  more  direct  bargaining  between  these  unions  and  their  employers. 
Wages  and  salaries,  however,  for  those  workers  belonging  to  the  UNTM  unions  are 
set  Dy  tripartite  negotiations  between  the  Ministry  of  Labor,  labor  unions,  and  rep- 
resentatives of  the  federation  of  employers  of  the  sector  to  which  the  wages  apply. 
These  negotiations  usually  set  the  pattern  for  unions  outside  the  UNTM.  The  Min- 
istiy  of  Labor  acts  as  a  mediator  in  labor  disputes. 

Neither  the  Constitution  nor  the  Labor  Code  addresses  the  question  of  antiunion 
discrimination,  but  there  have  been  no  reports  or  complaints  of  antiunion  behavior 
or  activities.  If  the  parties  cannot  come  to  agreement,  the  dispute  goes  to  the  Labor 
Court  for  decision. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor.  However,  a  history  of  de  facto  slavery  in  northern  salt  mining 
communities  has  been  reported.  There  is  a  hereditary  service  relationship  between 
members  of  the  Bellah  ethnic  group  and  Taureg  populations.  There  are  reliable  ac- 
counts of  incidents  of  Bellahs  voluntarily  leaving  tneir  Tuareg  families  and  of  rejoin- 
ing the  households  of  Tuaregs  repatriated  from  neighboring  countries.  There  were 
no  confirmed  reports  that  Bellahs  were  bought  and  sold. 

Although  there  have  been  no  reports  of  forced  or  bonded  child  labor,  apprentice- 
ship, often  in  a  family  member's  or  a  parent's  vocation,  begins  at  an  early  age,  espe- 
cially for  children  unable  to  attend  school. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment adopted  a  Labor  Code  in  1996  that  has  specific  policies  pertaining  to  child 
labor.  The  Labor  Code  prohibits  forced  or  bonded  child  labor,  and  the  authorities 
enforce  this  provision  through  the  use  of  labor  inspectors.  Inspectors  from  the  Min- 


211 

istry  of  Employment,  Public  Service,  and  Labor  conduct  surprise  and  complaint- 
based  inspections.  However,  resource  limitations  restrict  the  frequency  and  efTec- 
tiveness  of  oversight  by  the  Labor  Inspection  Service  and  the  Service  operates  only 
in  the  modern  sector  (see  Section  6.c.). 

The  Labor  Code  permits  children  between  the  ages  of  12  and  14  to  work  up  to 
2  hours  per  day  during  school  vacations  with  parental  approval.  Children  between 
the  ages  of  14  and  16  may  work  up  to  4°  hours  per  day  with  the  permission  of  a 
labor  inspector,  but  not  during  nights,  holidays,  or  Sundays.  Children  between  the 
ages  of  16  and  18  may  work  in  iobs  that  are  not  physically  demanding;  males  may 
work  up  to  8  hours  per  day  and  females  up  to  6  hours  per  day. 

These  regulations  are  often  ignored  in  practice.  Moreover,  the  Labor  Code  has  no 
effect  on  the  vast  number  of  children  who  work  in  rural  areas,  helping  with  family 
farms  and  herds,  and  in  the  informal  sector,  e.g.,  street  vending.  These  children  are 
not  protected  by  laws  against  unjust  compensation,  excessive  hours,  or  capricious 
discharge. 

Education  is  free  and  in  principle  is  open  to  all,  although  the  majority  of  students 
leave  school  by  the  age  of  12.  While  primary  school  is  compulsory,  it  is  only  avail- 
able to  one-half  of  the  children.  Child  labor  predominates  in  the  agricultural  sector, 
and  to  a  lesser  degree  in  crafts  and  trades  apprenticeships,  and  cottage  industries. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  specifies  conditions  of  employ- 
ment, including  hours,  wages,  and  social  security,  but  in  practice  many  employers 
either  ignore  or  do  not  comply  completely  with  tne  regulations.  The  national  mini- 
mum wage  rate,  set  in  1994,  is  approximately  $40  (cfa  21,000)  per  month.  Workers 
must  be  paid  overtime  for  additional  hours.  The  minimum  wage  is  supplemented 
by  a  required  package  of  benefits,  including  social  security  and  health  care.  While 
this  total  package  could  provide  a  minimum  standard  of  living  for  one  person,  in 
practice  most  wage  earners  support  large  extended  families  and  must  supplement 
their  income  by  some  subsistence  farming  or  work  in  the  informal  sector. 

The  normal  legal  workweek  is  40  hours  (45  hours  for  agricultural  employees), 
with  a  requirement  for  at  least  one  24-hour  rest  period.  The  Social  Security  Code 
provides  a  broad  range  of  legal  protection  against  hazards  in  the  workplace,  and 
workers'  groups  have  Drought  pressure  on  employers  to  respect  parts  of  tne  regula- 
tions, particularly  those  affecting  personal  hygiene.  With  unemployment  high,  how- 
ever, workers  are  often  reluctant  to  report  violations  of  occupational  safety  regula- 
tions. The  Labor  Inspection  Service  of  the  Ministry  of  Labor  oversees  these  stand- 
ards but  limits  enforcement  to  the  modern,  formal  sector.  Workers  have  the  right 
to  remove  themselves  from  dangerous  work  situations  and  request  an  investigation 
by  the  Social  Security  Department,  which  is  responsible  for  recommending  remedial 
action  where  deemed  necessary. 


MAURITANIA 

Mauritania  is  an  Islamic  republic.  The  1991  Constitution  provides  for  a  civilian 
government  composed  of  a  dominant  executive  branch,  a  Senate  and  National  As- 
sembly, and  an  independent  judiciary.  President  Maaouya  Ould  Sid'Ahmed  Taya 
has  governed  since  1984,  first  as  head  of  a  military  junta,  and  since  the  1992 
multiparty  election  as  head  of  a  civilian  government.  (Jn  December  12,  Taya  was 
reelected  President,  receiving  over  90  percent  of  the  vote,  running  against  four  other 
candidates.  The  election  was  widely  regarded  as  fraudulent  and  was  boycotted  by 
the  Opposition  Front  (a  five  party  coalition).  Most  opposition  parties  boycotted  ear- 
lier parliamentary  elections,  but  participated  in  Senate  elections  in  1994  and  1996; 
they  gained  only  one  seat.  In  the  country's  first  multiparty  legislative  elections  held 
in  October  1996,  1  opposition  and  6  independent  candidates  were  elected  to  the  79- 
member  National  Assembly.  The  outcome  of  these  elections  was  marred  by  fraud 
on  all  sides  and  pervasive  government  intervention,  representing  a  backward  step 
in  the  country's  efforts  to  establish  a  pluralist  democracy.  The  judiciary  is  subject 
to  significant  pressure  from  the  executive  through  its  ability  to  influence  judges. 

The  Government  maintains  order  with  regular  armed  forces,  the  National  Guard, 
the  Gendarmerie  (a  specialized  corps  of  paramilitary  police),  and  the  police.  The 
Ministry  of  Defense  directs  the  armed  forces  and  Gendarmerie;  the  Ministry  of  Inte- 
rior directs  the  National  Guard  and  police.  The  armed  forces  are  responsible  for  na- 
tional defense.  The  National  Guard  performs  police  functions  throughout  the  coun- 
try in  areas  in  which  city  police  are  not  present.  The  Gendarmerie  is  a  paramilitary 
group  responsible  for  maintenance  of  civil  order  in  and  outside  metropolitan  areas. 
Security  forces  are  under  the  full  control  of  the  Government  and  responsible  to  it. 
Some  members  of  the  security  forces  committed  human  rights  abuses. 


212 

Mauritania,  with  a  population  of  2.4  million,  has  a  generally  market-oriented 
economy  based  on  subsistence  farming,  herding,  and  a  small  commercial  sector.  Fish 
and  iron  ore  are  the  country's  main  export-earners.  Drought,  desertification,  insect 
infestation,  rapid  urbanization,  extensive  unemployment,  pervasive  poverty,  and  a 
burdensome  foreign  debt  handicap  the  economy.  Severe  drought  in  1996—1997  fueled 
urbanization,  furtner  straining  government  finances.  Annual  per  capita  national  in- 
come has  declined  in  recent  years  and  is  estimated  at  $503  (1996  figure).  Mauri- 
tania receives  foreign  assistance  from  bilateral  and  multilateral  sources.  A  small 
elite  controls  much  of  the  country's  wealth  and  commerce. 

The  Government's  human  rignts  record  remained  poor,  and  problems  remain  in 
certain  areas.  Democratic  institutions  remain  rudimentary  and  the  Government  cir- 
cumscribes citizens'  ability  to  change  their  government.  Police  at  times  used  exces- 
sive force,  beat  or  otherwise  abused  detainees,  and  used  arbitrary  arrest,  incommu- 
nicado prearraignment  detention,  and  illegal  searches.  The  Government  failed  to 
bring  to  justice  officials  who  commit  abuses.  Prison  conditions  are  harsh  and 
unhealthy.  Pretrial  detention  is  often  very  lengthy.  Although  the  Government  insti- 
tuted judicial  programs  and  training,  the  executive  continued  to  exercise  significant 
pressure  on  the  judiciary,  and  in  practice  the  right  to  a  fair  trial  was  restricted.  The 
Government  suspended  for  lack  of  professionalism  four  judges  who  refused  to  recog- 
nize the  rights  01  former  slaves.  The  Government  broadened  the  scope  for  opposition 
activity  and  improved  access  to  government-owned  media  during  tne  election  cam- 
paign, but  it  continued  to  seize  and  suspend  some  publications,  and  limit  freedom 
of  religion.  Societal  discrimination  against  women  continued,  and  female  genital 
mutilation  remained  a  serious  problem  despite  government  efforts  to  halt  the  prac- 
tice. Ethnic  tensions  are  gradually  easing,  but  the  Halpulaar,  Soninke,  and  Wolof 
ethnic  groups  are  underre presented  in  political  life  and  some  feel  excluded  from  ef- 
fective political  representation. 

The  Government  continued  efforts  to  resolve  a  serious  abuse  from  the  1989-91  pe- 
riod, in  which  approximately  70,000  Mauritanians  were  expelled  or  fled,  by  facilitat- 
ing cooperation  between  the  Mauritanian  Red  Crescent  Association  and  the  United 
Nations  High  Commissioner  for  Refugees  (UNHCR),  to  assist  returnees  from  the  ref- 
ugee camps  in  Senegal.  The  Government  estimates  that  30,000-35,000  have  re- 
turned; the  UNHCR  documented  25,970  total  returnees  to  four  provinces  along  the 
Senegal  River,  but  believes  that  the  total  number  of  returnees  is  significantly  high- 
er. The  Government  failed  to  address  fully  another  major  abuse  from  the  1989-1991 
period,  when  503  members  of  the  military,  mainly  from  the  Halpulaar  ethnic  group, 
were  killed,  tortured,  and  maimed.  The  Government  in  earlier  years  gave  pensions 
to  the  documented  widows  of  those  killed,  but  not  to  undocumented  inaividuals 
claiming  to  be  additional  wives.  In  1996  the  Government  extended  that  benefit  to 
some  of  those  who  survived  the  purge.  Further  action  on  alleged  wives,  absent  docu- 
mentation, appears  unlikely.  A  1993  amnesty  law  precludes  legal  pursuit  of  those 
responsible  for  the  killings,  and  the  Government  does  not  acknowledge  responsibil- 
ity or  wrongdoing  nor  has  it  provided  honorable  discharge  papers  to  survivors  or 
other  compensation  to  families  of  those  killed. 

A  system  of  officially  sanctioned  slavery  in  which  government  and  society  join  to 
force  individuals  to  serve  masters  does  not  exist;  however,  slavery  in  the  form  of 
unofficial  voluntary  or  forced  and  involuntary  servitude  persists.  Many  persons  con- 
tinue to  live  in  conditions  of  unolTicial  paid  or  unpaid  servitude  and  many  persons 
still  consider  themselves  to  be  slaves. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings. 

On  April  11,  gendarmes  shot  a  man  crossing  the  Senegal  River  from  Senegal  to 
Mauritania  at  Bababe,  in  the  company  of  two  others.  He  died  after  being  trans- 
ferred to  the  military  hospital  in  Nouakchott.  The  Government  maintained  that  he 
was  a  thief  and  smuggler.  A  human  rights  group  reported  that  the  man  knew  the 

fendarmes  and  was  shot  because  he  had  refused  to  pay  them  a  bribe  (see  Section 
.c). 

On  November  17,  the  Coast  Guard  fired  on  Senegalese  fishermen  in  Mauritanian 
waters,  killing  1  person  and  wounding  as  many  as  10.  The  Coast  Guard  called  on 
the  men  to  stop  but  they  did  not.  The  individual  died  while  trying  to  fiee. 

Extrajudicial  killings  from  past  years  remained  unresolved,  principally  the  1990- 
91  deaths  while  in  military  custody  of  503  largely  Halpulaar  and  Soninke  military 
personnel  and  civilians  detained  in  the  investigation  of  an  alleged  coup  attempt.  In 
1993,  the  Government  began  to  provide  pension  benefits  to  some  of  the  widows  and 


213 

families  of  those  killed,  and  in  1996  the  Government  recognized  the  prior  govern- 
ment service  of  some  of  the  civilian  survivors  and  began  to  pay  them  pensions.  The 
military  has  not  released  the  results  of  its  1991  internal  investigation,  and  in  1993 
Parliament  passed  an  amnesty  bill  to  preclude  legal  pursuit  of  those  responsible. 
The  Government  has  not  acknowledged  responsibility  or  wrongdoing  nor  has  it  pro- 
vided honorable  discharge  papers  to  survivors  to  facilitate  alternative  employment 
and  their  reintegration  into  society. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  torture  and  other  forms  of  cruel  or  inhuman  punishment,  but  the 
police  continue  on  occasion  to  beat  criminal  suspects  while  in  custody.  There  were 
credible  reports  that  police  tortured  some  of  those  arrested  in  June  1996  for  drug 
trafficking  during^  pretrial  detention,  however,  there  are  no  reports  of  such  abuse 
during  the  year.  Methods  of  torture  included  beatings  and  around  the  clock  ques- 
tioning. Authorities  have  not  tried  or  punished  persons  suspected  of  committing 
such  abuses.  Police  in  some  instances  used  force  to  break  up  peaceful  demonstra- 
tions or  disperse  crowds.  Military  forces  along  the  Senegal  River  used  excessive 
force  against  individuals  suspected  of  smuggling.  Authorities  have  not  tried  or  pun- 
ished persons  suspected  of  committing  such  abuses.  The  Government's  failure  to 
bring  to  justice  officials  who  commit  abuses  and  fail  to  observe  legal  procedures  has 
contributed  to  the  widespread  belief  that  security  officials  are  a  force  apart  from 
government  authority  and  not  subject  to  legal  restraints.  The  armed  forces  produced 
m  May  and  distributed  to  troops  a  guide  on  proper  conduct  for  soldiers,  under  the 
auspices  of  the  Mauritanian  Red  Crescent. 

Prison  conditions  are  harsh  and  do  not  meet  minimum  international  standards. 
There  is  severe  overcrowding,  poor  sanitation,  and  inadequate  medical  treatment. 
The  independent  press  and  human  rights  activists  periodically  report  the  deaths  of 
prison  inmates;  authorities  cite  natural  causes,  although  witnesses  claimed  to  have 
evidence  of  mistreatment.  Prisoners  from  European  countries  receive  privileged 
treatment  but  those  from  other  African  countries  are  often  treated  worse  than 
Mauritanians.  The  central  prison  in  Nouakchott,  built  for  a  prison  population  of  300 
men,  now  houses  more  than  650  prisoners.  Observers  report  better  conditions  at  the 
women's  prison  and  children's  detention  center  in  Nouakchott.  The  Government  is 
enlarging  the  central  prison  in  Nouakchott,  constructing  individual  and  group  cells, 
lodging  lor  prison  wardens,  an  infirmary,  a  sports  recreation  area,  and  sanitary  fa- 
cilities. A  new  prison  in  Akjoujt  is  nearing  completion. 

The  Government  permits  prison  visits  by  diplomats  and  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  stipulates  that  authori- 
ties cannot  arrest,  detain,  prosecute,  or  punish  anyone  except  as  provided  for  under 
the  law;  however,  at  times  police  arbitrarily  arrested  and  detained  citizens.  The  ac- 
tual application  of  the  constitutional  safeguards  continued  to  vary  widely  from  case 
to  case. 

The  law  requires  that  courts  review  the  legality  of  a  person's  detention  within  48 
hours  of  arrest.  The  police  may  extend  the  period  for  another  48  hours,  and  a  pros- 
ecutor or  court  may  detain  persons  for  up  to  30  days  in  national  security  cases.  Only 
after  the  prosecutor  submits  charges  does  a  suspect  have  the  right  to  contact  an  at- 
torney. 

Human  rights  activists  report  that  police  are  showing  greater  respect  for  legally 
mandated  procedures.  Pretrial  detention  after  arraignment  is  extensive.  According 
to  an  appeal  written  by  prisoners  in  the  Nouakchott  prison,  only  130  of  the  inmates 
have  received  a  sentence,  and  450  have  not  received  a  trial,  but  observers  believe 
that  the  actual  number  to  be  lower. 

Some  indicted  prisoners  are  released  before  trial  without  explanation;  familial, 
tribal,  or  political  connections  may  explain  some  of  these  cases.  There  is  a  provision 
for  granting  bail,  but  it  is  rarely  used. 

From  January  21-30,  police  arrested  nine  individuals  suspected  of  illegal  ties  to 
Libya,  one  of  them  the  leader  of  the  opposition  political  party.  Action  pour  le 
Changement.  They  were  arrested  under  a  1991  decree  stating  that  political  parties 
may  not  cooperate  with  foreign  parties  in  a  way  incompatible  with  the  law.  Initially 
held  under  incommunicado  prearraignment  detention,  three  were  released  8  days 
after  their  arrest;  another  was  released  later.  Five  stood  trial  in  F'ebruary  and  re- 
ceived sentences  ranging  from  a  3-week  suspended  sentence  to  6  months  in  jail.  An 
appeals  court  overturned  four  of  the  five  convictions  in  April.  The  fifth  person 
served  out  his  6-month  sentence. 

In  May  security  forces  detained  and  approximately  60  university  students  for 
their  involvement  in  student  protests  at  the  University  of  Nouakchott.  Eleven  of 
these  students  were  then  sent  to  their  villages  and  held  under  house  arrest  there. 
All  were  released  at  the  end  of  the  school  term  in  June  without  being  able  to  take 


214 

their  final  examinations.  Security  forces  reportedly  repeatedly  arrested  and  later  re- 
leased a  few  other  students. 

In  April  the  Government  detained  under  house  arrest  15  teachers'  union  officials; 
all  were  released  by  July  (see  Section  6.b.). 

Occasional  reports  of  arbitrary  arrests  and  intimidation  committed  by  security 
forces  continued,  particularly  among  returned  refugees  in  communities  along  the 
Senegal  River,  but  the  extent  of  abuses  declined,  as  the  Government,  in  conjunction 
with  the  UNHCR  and  Mauritanian  Red  Crescent  society,  resettled  many  returnees 
(see  Section  2.d.).  Local  authorities  often  detained  local  residents  involved  in  land 
disputes,  or  in  disputes  between  farmers  and  nomads  along  the  river. 

T^ie  Government  does  not  employ  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — Although  the  Constitution  provides  for  the  inde- 
pendence of  the  judiciary,  in  practice  the  executive  branch  exercises  significant  pres- 
sure on  the  judiciary  through  its  ability  to  appoint  and  influence  judges.  In  addition 
the  judicial  system's  fairness  is  limited  by  poorly  educated  and  poorly  trained  judges 
who  are  susceptible  to  social,  financial,  tribal,  and  personal  pressures. 

There  is  a  single  system  of  courts,  having  introduced  a  modernized  legal  system 
that  conforms  with  the  principles  of  Shari  a.  The  judicial  system  includes  lower, 
middle,  and  upper  level  courts,  each  with  specific  jurisdictions.  Departmental,  re- 
gional, and  labor  tribunals  are  the  principal  instances  at  the  lower  level.  The  53  de- 
f>artmental  tribunals,  composed  of  a  president  and  magistrates  with  traditional  Is- 
amic  legal  training,  hear  civil  cases  involving  sums  less  than  $72  (10,000  UM)  and 
family  issues  (e.g.,  domestic,  divorce,  and  inheritance  cases).  Thirteen  regional  tribu- 
nals accept  appeals  in  commercial  and  civil  matters  from  the  departmental  tribu- 
nals and  hear  misdemeanors.  Three  labor  tribunals,  composed  oi  a  president  and 
two  assessors  (one  who  represents  labor  and  one  who  represents  employers),  serve 
as  final  arbiters  for  labor  aisputes.  At  the  middle  level,  three  courts  of  appeal,  each 
with  two  chambers  (a  civil  and  commercial  chamber,  and  a  mixed  chaniber)  hear 
appeals  from  the  regional  courts  and  have  original  jurisdiction  for  felonies.  Nomi- 
nally independent,  the  Supreme  Court  is  headed  by  a  magistrate  appointed  to  a  5- 
year  term  oy  the  President.  The  Supreme  Court  reviews  decisions  and  rulings  made 
by  the  courts  of  appeal  to  determine  their  compliance  with  the  law  and  procedure. 
Constitutional  review  is  the  purview  of  a  six-member  Constitutional  Council,  com- 

gosed  of  three  members  named  by  the  President,  two  by  the  National  Assembly 
resident,  and  one  by  the  Senate  President.  Annual  review  of  judicial  decisions  is 
undertaken  by  the  Supreme  Council  of  the  Magistrature,  over  which  the  President 
presides;  the  president  and  senior  vice  president  of  the  Supreme  Court,  the  Minister 
of  Justice,  three  magistrates,  and  representatives  from  the  Senate  and  National  As- 
sembly are  members  of  this  Council.  The  annual  review  is  intended  to  determine 
whether  courts  applied  the  law  correctly  and  followed  proper  procedures. 

The  Constitution  provides  for  due  process  and  the  presumption  of  innocence  until 
proven  guilty  by  an  established  tribunal.  All  defendants,  regardless  of  the  court  or 
their  ability  to  pay,  have  the  legal  right  to  representation  by  counsel  during  the  pro- 
ceedings, which  are  open  to  the  public.  If  defendants  lack  the  ability  to  pay  for  coun- 
sel, the  court  appoints  an  attorney,  from  a  list  prepared  by  the  National  Order  of 
Lawyers,  who  provides  defense  free  of  charge.  The  law  provides  that  defendants 
may  confront  witnesses,  present  evidence,  and  appeal  their  sentences,  and  these 
rights  are  generally  observed  in  practice. 

Because  Shari'a  provides  the  legal  principles  upon  which  the  law  and  legal  proce- 
dure are  based,  courts  do  not  in  all  cases  treat  women  as  equals  of  men,  for  exam- 
ple, the  testimony  of  two  women  is  necessary  to  equal  that  of  one  man.  In  addition 
in  awarding  an  indemnity  to  the  family  of  a  woman  who  has  been  killed,  the  courts 
grant  only  naif  the  amount  they  would  award  for  a  man's  death.  There  are  no  fe- 
male magistrates.  However,  for  commercial  and  other  modem  issues  not  specifically 
addressed  by  Shari'a,  the  law  and  courts  treat  women  and  men  equally. 

With  international  assistance,  the  Government  continued  a  program  to  improve 
judicial  performance  and  independence,  consisting  of  organizing  all  laws  and  stat- 
utes into  a  single  reference  text  and  training  officials  throughout  the  justice  system. 
Three  training  programs  began  to  improve  the  skills  of  magistrates.  In  February  the 
Government  held  its  first  workshop  on  judicial  reform.  Two  hundred  judicial  officials 
have  also  embarked  on  training.  Thirty  new  judges,  all  university  law  graduates, 
began  a  2-year  training  program  at  the  National  School  of  Administration.  Within 
President  Taya's  current  term,  the  investment,  administration,  commercial,  civil, 
and  arbitrage/banking  codes  are  to  be  updated  and  made  cohesive.  Popular  dis- 
satisfaction with  the  judicial  system  and  the  belief  that  security  officials  can  commit 
abuses  with  impunity  persisted. 

Early  in  1997,  the  Government  formally  suspended  four  magistrates  for  lack  of 
professionalism,  because  in  custody  cases  involving  the  children  of  slaves,  they  had 


215 

awarded  custody  to  the  fathers,  who  were  also  the  former  masters  in  disregard  of 
the  law.  The  decision  dated  from  December  28,  1996,  but  was  published  in  the  Jour- 
nal Oniciel  on  March  30. 

A  Mauritanian  arrested  in  January  as  part  of  the  sweep  of  pro-Libyan  activists 
was  sentenced  in  February  to  a  6-month  prison  term  for  activity  opposed  to  Mauri- 
tania's relations  with  Israel. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
requires  judicial  warrants  in  order  to  execute  home  searches,  but  the  authorities 
often  ignore  this  requirement. 

Government  surveillance  of  dissidents  and  the  political  opposition  is  believed  to 
continue,  although  the  extent  to  which  the  Government  used  informants  is  un- 
known. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  but  the  Government  continues  to  restrict  these  rights  through 
prepublication  press  censorship  by  the  Interior  Ministry.  NGO's  and  the  privately 
owned  press  openly  criticized  the  Government  and  its  leaders.  Antigovemment 
tracts,  newsletters,  and  petitions  circulated  widely  in  Nouakchott  and  other  towns. 

All  newspapers  and  political  parties  must  register  with  the  Ministry  of  the  Inte- 
rior. Although  the  Government  did  not  refuse  to  register  any  journal,  it  suspended 
from  April  26  to  May  25  the  right  to  publish  of  the  independent  weekly,  Mauritanie 
Nouvelles,  seized  its  September  25  to  October  5  editions,  and  again  suspended  it  in 
October  for  3  months.  On  June  23,  La  Verite  and  its  Arabic  version,  Al-Bushra,  both 
known  to  be  close  to  the  Government,  were  shut  down  permanently  and  their  assets 
seized.  Fourteen  instances  of  censorship  involving  8  newspapers  also  took  place, 
compared  with  18  in  1996. 

At  least  42  independent,  privately  owned  newspapers,  including  3  new  French 
language  and  14  new  Arabic  language  publications,  appeared  or  reappeared  during 
the  year,  many  on  an  irregular  basis.  These  journals  are  weeklies,  published  in  Ara- 
bic or  French,  and  reach  limited  audiences.  Mauritanie  Nouvelles  introduced  an  Ar- 
abic version  in  July.  Readership  of  the  independent  press  increased,  in  particular 
during  the  electoral  period.  Independent  journals  reported  openly  and  critically  on 
the  opposition  and  government  alike,  and  published  party  declarations  and  tracts 
without  government  censure  or  restraint.  The  President's  Ramadan  speech  in  Janu- 
ary launched  a  widespread,  open  debate  on  slavery.  Several  hundred  newspaper  ar- 
ticles on  the  subject  subsequently  appeared  without  censure;  one  was  ceiisored  by 
the  Government. 

The  Ministry  of  the  Interior  reviews  all  newspaper  copy  prior  to  publication.  The 
Press  Law  provides  that  the  Minister  of  the  Interior  can  stop  publication  of  material 
discrediting  Islam  or  threatening  national  security.  Although  the  Ministry  did  not 
excise  material  from  journals  or  otherwise  censor  individual  articles,  the  authorities 
seized  17  individual  issues  of  various  journals;  by  comparison,  in  1996,  23  individual 
issues  were  seized.  The  Government  provided  no  specific  reason  for  the  seizures.  A 
new  regulation  in  August  mandated  that  newspapers  and  journals  also  must  be 
cleared  through  the  Ministry  of  Justice  prior  to  publication,  with  two  copies  for  the 
public  prosecutor's  office  and  five  for  other  Ministry  of  Justice  officials.  The  Ministry 
authorizes  sales  and  distribution  within  2  to  3  days. 

The  electronic  media  (radio  and  television)  and  two  daily  newspapers.  Horizons 
and  Chaab,  are  government-owned  and  operated.  Radio  is  the  most  important  me- 
dium in  reaching  the  public,  and  the  official  media  strongly  support  government 
policies.  During  the  presidential  election  campaign,  the  Government  gave  all  five 
candidates  equal  access  to  its  two  newspapers  and  to  the  electronic  media;  for  the 
first  time,  citizens  heard  or  read  criticisms  of  both  the  Government  and  the  Presi- 
dent in  these  media  and  not  just  in  the  independent  newspapers.  Opposition  parties' 
access  to  government  radio  broadcast  facilities  at  other  times  is  limited,  but  Radio 
France  International  broadcasts  interviews  with  government  opponents  on  FM.  Citi- 
zens can  watch  television  broadcasts  on  stations  from  France,  the  United  States, 
and  other  Arab  countries  without  special  antennae.  The  Government  denied  private 
applications  to  establish  radio  stations. 

The  one  university  is  government  funded  and  operated.  Academic  freedom  is  gen- 
erally respected,  and  there  were  no  cases  in  which  the  Government  prevented  re- 
search or  publication,  or  censored  lectures. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  and  the  Government  generally  respects  this  right,  although 
there  were  occasions  when  it  restricted  public  gatherings.  The  law  requires  that  all 


216 

recognized  political  parties  and  NGO's  apply  to  the  local  prefect  for  permission  for 
large  meetings  or  assemblies.  Permission  is  generally  freely  granted. 

The  National  Guard  and  police  used  force  and  tear  gas  to  disperse  crowds  and 
to  maintain  order  during  the  high  school  student  protests  that  took  place  in  early 
March  in  Nouakchott  and  in  the  interior,  sparked  by  discontent  over  fuel  price  hikes 
that  raised  the  cost  of  transportation.  Police  reportedly  used  violence  on  the  Univer- 
sity of  Nouakchott  campus  during  the  university  student  strike  in  May.  On  May  4, 
50  students  came  to  the  U.S.  Embassy  to  present  their  case.  One  student  was  in- 
jured when  police  dispersed  them. 

The  two  recognized  labor  confederations  and  two  teachers  unions  held  Labor  Day 
rallies.  The  unregistered  Free  Confederation  of  Mauritanian  Workers  (CLTM)  was 
given  permission  to  march  with  one  of  the  two  confederations  but  declined  and  in- 
stead became  involved  in  a  sculTle  with  police  (see  Section  6. a.).  The  opposition  held 
public  marches  and  demonstrations  without  incident. 

The  Constitution  provides  for  freedom  of  association,  however,  the  Government 
circumscribes  the  efiorts  of  some  groups  by  denying  them  official  recognition.  The 
number  of  political  parties,  labor  unions,  and  NGO's  continued  to  increase.  Some  21 
political  parties  and  a  wide  array  of  NGO's,  many  of  them  highly  critical  of  the  Gov- 
ernment, met  openly,  issued  public  statements,  and  chose  their  own  leadership.  New 
regulations  issued  by  the  Government  in  1996  to  facilitate  the  establishment  of 
NGO's  engaged  in  economic  and  social  development,  environmental  protection,  and 
humanitarian  assistance  were  published  on  February  28.  These  streamlined  proce- 
dures facilitated  the  recognition  of  several  existing  NGO's  and  led  to  the  estaolish- 
ment  and  recognition  of  a  large  number  of  new  NGO's.  The  Government  has  not 
yet  granted  some  NGO's  oflicial  standing  but  allowed  them  to  operate.  Registration 
of  some  NGO's  is  pending  the  determination  of  modalities  related  to  the  new  law. 
Among  these  is  the  Mauritanian  Association  for  Human  Rights-  the  Government 
claims  that  it  appeals  to  specific  ethnic  groups,  namely  the  Afro-Mauritanian  com- 
munity, and  is  a  potentially  divisive  force.  The  Government  also  has  not  recognized 
two  antislavery  NGO's,  the  independent  SOS-Esclaves  and  the  progovemment  Na- 
tional Committee  for  the  Eradication  of  the  Vestiges  of  Slavery  in  Mauritania.  How- 
ever, the  Government  allows  these  associations  to  function,  issue  reports  and  state- 
ments, and,  in  the  case  of  SOS-Esclaves,  assist  individuals  in  their  dealings  with 
the  Government  to  resolve  m-oblems. 

c.  Freedom  of  Religion.— The  1991  Constitution  established  Mauritania  as  an  Is- 
lamic republic  and  decrees  that  Islam  is  the  religion  of  its  people  and  the  State.  All 
but  a  small  number  of  citizens  are  Sunni  Muslims  and  are  prohibited  by  their  reli- 
gion from  converting  to  another  religion.  The  Government  prohibits  proselytizing  by 
non-Muslims.  Christian  churches  nave  been  established  in  Nouakchott,  Atar, 
Zouerate,  Nouadhibou,  and  Rosso.  The  expatriate  community  of  Christians  and  the 
few  citizens  who  are  considered  Christians  from  birth  practice  their  religion  openly 
and  freely  in  these  churches.  Muslims  freely  attend  Christian  weddings  and  funer- 
als when  invited  and  on  occasion  have  performed  the  formal  witness  role  at  Catholic 
weddings.  The  possession  of  Bibles  and  other  Christian  religious  materials  in  pri- 
vate homes  is  not  illegal,  but  the  Government  views  any  attempts  by  Christians  to 
convert  Muslims  as  undermining  Mauritanian  society.  The  authorities  carried  out 
immediate  investigations  and  provided  enhanced  protection  to  a  Christian  NGO  that 
received  two  written  death  threats  in  July  and  August  but  no  arrests  were  made. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  oimovement  and  residence  with- 
in all  parts  of  the  territory,  and  provides  for  the  freedom  to  enter  and  leave.  Histori- 
cally there  were  few  restrictions  on  travel  in  Mauritania's  nomadic  society.  With  ur- 
banization and  automobile  travel,  the  Government  set  up  regular  road  checkpoints 
where  the  Gendarmerie  checks  papers  of  travelers.  The  Government  imposed  no 
nighttime  curfews. 

The  Government  cooperates  with  the  UNHCR  and  other  humanitarian  organiza- 
tions in  assisting  refugees.  The  Government  provided  first  asylum  to  refugees  from 
many  countries.  There  were  no  reports  of  refugees  being  forced  to  return  to  a  coun- 
try where  they  feared  persecution.  The  UNHCK  completed  its  repatriation  program 
of  Malian  refugees  from  Mauritania  in  early  June  and  closed  its  last  camp  for  Ma- 
lian  refugees  in  eastern  Mauritania  on  June  30.  The  Government  is  willing  to  per- 
mit the  estimated  2,000  Malians,  who  did  not  choose  earlier  repatriation,  to  stay 
in  Mauritania. 

Of  the  approximately  70,000  Afro-Mauritanians  who  were  expelled  by  Mauritania 
or  fled  to  Senegal  and  Mali  during  the  1989-91  crisis,  and  of  those  bom  abroad 
since  then,  the  Government  estimates  that  30,000  to  35,000  have  returned,  7,000 
during  the  year.  The  UNHCR  has  documented  24,970  persons  who  had  returned  to 
villages  in  four  provinces  along  the  Senegal  River  by  November  17.  The  UNHCR 


217 

lacks  access  to  many  returnee  sites  and  keeps  no  statistics  on  the  number  of  persons 
returning  to  urban  areas.  Nomads  are  also  difficult  to  document.  Many  entire  vil- 
lages as  well  as  almost  all  Peulh  (nomadic  herders  of  the  Halpulaar  ethnic  group) 
have  returned.  Based  on  a  1995  census  in  Senegal,  the  UNHCR  estimates  that 
60,000  to  65,000  Mauritanians  remain  in  Senegal,  including  15,000  children  bom 
there  since  1989,  and  from  10,000  to  15,000  Mauritanian  Halpulaars  remain  in 
Mali.  Of  these,  an  unknown  number  have  permanently  integrated  into  the  local  pop- 
ulations of  their  asylum  countries.  The  Government  has  stated  since  1993  that  any 
Mauritanian  outside  the  country  may  return.  However,  the  Government,  the  coun- 
tries of  asylum,  and  the  UNHCK  have  signed  no  tripartite  repatriation  agreement. 
Under  the  UNHCR-funded,  2-year  "special  plan  for  rapid  insertion"  (PSIR)  begun 
in  mid- 1996  to  assist  returnees,  the  Mauritanian  Red  Crescent,  the  UNHCR,  and 
NGO's  have  undertaken  over  113  small  agriculture,  water,  health,  education,  and 
construction  projects  in  77  villages  to  assist  returnees.  Cooperation  by  local  authori- 
ties in  addressing  restitution  and  citizenship  matters  varies  greatly,  depending  on 
individual  officials  and  the  returnee's  region. 

Repatriation  efforts  have  achieved  greater  results  in  the  Trarza  and  Brakna  re- 
gions than  in  Gorgol  and  Guidimaka  to  the  east.  Many  returnees  received  their 
original  homes,  some  property,  and  a  portion  of  their  land.  Restoration  of  identity 
papers  in  a  timely  manner  has  varied,  and  some  of  those  repatriated  who  returned 
in  1995  have  not  vet  received  identification  cards.  In  some  regions,  persons  lacking 
identity  cards  could  not  travel  freely. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government,  but 
the  Government  circumscribes  it  in  practice.  The  1992  multiparty  election  of  a  civil- 
ian president  ended  14  years  of  military  rule,  but  both  the  opposition  and  inter- 
national observers  concluded  that  the  elections  were  fraudulent.  Although  civilians 
fill  all  ministerial-level  positions,  some  members  of  the  former  Military  Council,  in 
addition  to  President  Taya,  remained  in  positions  of  power  within  the  executive 
branch,  the  National  Assembly,  the  armed  forces,  and  government-owned  enter- 
prises. The  armed  forces  continued  to  provide  strong  support  to  the  regime.  The 
Government  denied  elements  of  the  opposition  the  opportunity  to  receive  full  access 
to  government  media  and  to  compete  on  an  equal  footing. 

The  country's  first  multiparty  legislative  elections  were  held  in  October  1996. 
Only  1  opposition  and  6  independent  candidates  were  elected  to  the  79-member  Na- 
tional Assembly.  The  outcome  of  the  elections  was  marred  by  fraud  on  all  sides  and 
pervasive  government  intervention  to  support  candidates  from  the  ruling  PRDS 
party.  After  the  Government  announced  that  presidential  elections  would  take  place 
on  December  12,  the  anniversary  of  the  1984  coup,  a  coalition  of  five  opposition  par- 
ties announced  on  June  26  that  it  intended  to  boycott  the  election  unless  certain 
demands  were  met.  These  requirements  included  enhanced  media  access,  an  opposi- 
tion role  in  election  preparation,  creation  of  an  independent  electoral  commission, 
enlarging  the  commission  charged  with  electoral  list  revision,  and  provision  of  offi- 
cial copies  of  the  voting  report  from  each  polling  station  to  representatives  of  each 
candidate.  The  Government  granted  the  opposition  full  access  to  its  media  but  did 
not  meet  the  other  demands.  Five  individuals,  including  a  1992  presidential  and  an 
Afro-Mauritanian  for  the  first  time,  ran  for  president.  The  Government  sent  teams 
to  cover  each  candidate's  campaign,  and  all  received  equal  treatment  in  the  official 
electronic  and  print  media  as  well  as  the  usual  treatment  in  the  independent  press. 
President  Taya  won  an  overwhelming  victory,  although  his  opponents  fared  much 
better  in  the  cities  than  in  the  rural  areas.  The  official  turnout  of  75  percent  and 
winning  percentage  of  90  percent  were  infiated,  since  many  individuals  voted  more 
than  once. 

Women  have  the  right  to  vote,  and  formed  the  majority  of  voters  in  the  presi- 
dential election.  Many  are  active  in  election  campaigns.  There  are  increasing  num- 
bers of  women  in  senior  government  positions,  including  one  cabinet  member,  two 
secretaries-general,  two  senior  presidential  advisors  (including  a  Halpulaar),  and 
four  senior  advisors  to  ministers.  Women  are  well  represented  in  the  Secretariat  of 
Women's  Affairs,  including  a  number  of  Halpulaar  women.  There  are  three  female 
members  of  the  National  Assembly  (including  one  Haratine  and  one  Soninke  from 
the  Forgeron  caste),  but  no  female  senators.  Halpulaars,  Soninkes,  and  Wolofs  are 
underrepresented  in  senior  government  positions.  Of  the  Government's  19  ministe- 
rial posts,  2  incumbents  are  Haratine,  2  Halpulaar,  and  1  Soninke;  the  remainder 
are  of  either  White  Moor  or  of  mixed  White  Moor/Haratine  ethnicity  (see  Section 
5).  The  full  23-member  Cabinet,  including  secretaries  of  state  has  2  Haratines,  2 


218 

Halpulaars,  and  1  Soninke.  The  Afro-Mauritanian  and  Haratine  population  provides 
13  National  Assembly  deputies  and  10  senators. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  an  increasing  number  of  human  rights  organizations;  they  operate 
without  government  restriction.  The  oldest  is  the  Mauritanian  League  for  Human 
Rights,  an  independent  but  government-recognized  body.  In  February  it  published 
a  report  that  scrutinized  the  legacy  of  slavery  and  listed  legislation  pertaining  to 
it.  A  second  and  still  unrecognized  organization,  the  Mauritanian  Human  Rights  As- 
sociation (AMDH),  while  not  affiliated  with  the  opposition,  has  many  opposition 
members.  It  has  been  more  critical  of  the  Government  than  the  League,  particularly 
on  the  unresolved  abuses  of  the  1989-91  period. 

Other  organizations,  including  10  unregistered  associations,  also  address  human 
rights  issues.  The  pan-African  organization  Gerddes-Africa,  or  International  Study 
and  Research  Group  on  Democracy  and  Economic  and  Social  Development  in  Africa, 
established  a  branch  in  Mauritania  in  1994.  Two  other  groups,  SOS-Esclaves  and 
the  National  Committee  for  the  Struggle  Against  the  Vestiges  of  Slavery  in  Mauri- 
tania, focus  their  efforts  on  overcoming  the  country^s  vestiges  of  slavery  (see  Section 
6.C.).  SOS-Esclaves  was  particularly  active  in  drawing  public  attention  to  this  issue, 
issuing  in  March  a  report  detailing  its  activities  and  a  petition  appealing  to  national 
and  international  audiences  to  support  measures  to  eradicate  slavery.  SOS-Esclaves 
also  intervened  effectively  with  government  authorities  to  push  resolution  of  some 
of  the  cases,  in  particular  child  custody  cases,  brought  to  the  organization  by  former 
slaves. 

The  Committee  of  Solidarity  with  the  Victims  of  Repression  in  Mauritania  is  con- 
cerned with  the  plight  of  the  1989  expellees.  The  Consultative  Group  for  the  Return 
of  the  Refugees  was  founded  to  promote  the  return  of  the  remaining  Mauritanian 
refiigees  in  Senegal.  The  Collective  of  Workers  Victims  of  the  1989  Events  seeks  re- 
dress for  government  employees  who  lost  their  jobs  in  the  events  of  1989.  The  Com- 
mittee of  the  Widows  and  the  Collective  of  Survivors  focus  on  the  suflerings  of  the 
victims  of  the  1990-91  military  purge  and  their  families.  The  Collective  of  Survivors 
of  Political  Detention  and  Torture  (CRADPOCIT)  was  established  in  1996  to  seek 
redress  for  abuses  committed  during  the  1986-87  period.  These,  and  other  groups 
of  individuals  with  common  concerns,  function  openly  and  actively,  but  their  efforts 
are  somewhat  circumscribed  because  they  are  not  ofiicially  recognized  (see  Section 
2.b.).  Ten  organizations  created  an  umbrella  organization,  the  Reseau  Nationale  des 
Droits  de  UHomme  in  April  to  coordinate  on  human  rights  issues.  Both  registered 
and  unregistered  NGO's  attended  sessions  of  the  African  Commission  of  Human  and 
People's  Rights,  which  met  in  Nouakchott  in  June,  but  initially  the  Government  de- 
nied access  to  unregistered  groups. 

Representatives  from  a  varietv  of  European,  African,  American,  and  Arab  human 
rights  organizations  visited  Mauritania.  Antislavery  International,  the  African 
American  Institute,  the  American  Jewish  Committee  ,  the  International  Committee 
of  the  Red  Cross,  and  the  International  Labor  Organization  (ILO)  were  among  these 
visitors.  In  March  Africare  signed  an  agreement  with  the  Government  to  establish 
an  office  in  Nouakchott.  These  groups  were  allowed  free  access,  and  there  were  no 
reports  of  harassment  or  reprisal  against  Mauritanian  interlocutors  during  or  fol- 
lowing the  visits. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equality  before  the  law  for  all  citizens,  regardless 
of  race,  national  origin,  sex,  or  social  status,  and  prohibits  racially  or  ethnically 
based  propaganda.  In  practice  the  Government  often  favors  individuals  on  the  basis 
of  ethnic  and  tribal  afliliation,  social  status,  and  political  ties.  Societal  discrimina- 
tion against  women,  strongly  rooted  in  traditional  society,  is  endemic,  although  the 
situation  is  improving. 

Women. — Human  rights  monitors  and  female  lawyers  report  that  physical  mis- 
treatment of  women  by  their  husbands  is  rare.  The  police  and  judiciary  occasionally 
intervene  in  domestic  abuse  cases,  but  women  in  traditional  society  rarely  seek  legal 
redress,  relying  instead  upon  family  and  ethnic  group  members  to  resolve  domestic 
disputes.  The  incidence  of  reported  rape  is  low.  It  occurs,  but  newspaper  accounts 
of  attacks  are  rare. 

Women  have  legal  rights  to  property  and  child  custody,  and,  among  the  more 
modem  and  urbanized  population,  these  rights  are  recognized.  By  local  tradition,  a 
woman's  first  marriage,  but  not  subsequent  marriages,  requires  parental  consent. 
In  accordance  with  Shari'a,  marriage  and  divorce  do  not  require  the  woman's  con- 


219 

sent,  polygyny  is  allowed,  and  a  woman  does  not  have  the  right  to  refuse  her  hus- 
band's wish  to  marry  additional  wives.  In  practice  polygyny  is  very  rare  among 
Moors  but  common  among  Afro-Mauritanians.  Arranged  marriages  are  also  increas- 
ingly rare,  particularly  among  the  Moor  population.  Women  frequently  initiate  the 
termination  of  a  marriage,  which  most  often  is  done  by  husband  or  wife  by  repudi- 
ation rather  than  divorce.  It  is  also  common  in  Moor  society  for  a  woman  to  obtain, 
at  the  time  of  marriage,  a  contractual  agreement  that  stipulates  that  her  husband 
must  agree  to  end  their  marriage  if  he  chooses  an  additional  wife.  The  rate  of  di- 
vorce among  Moors  is  estimated  to  be  37  percent  and  the  remarriage  rate  after  di- 
vorce 72.5  percent. 

Women  still  face  some  legal  discrimination.  For  example,  the  testimony  of  two 
women  is  necessary  to  equal  that  of  one  man,  and  the  value  placed  on  women's  lives 
in  court-awarded  indemnities  is  only  half  the  amount  awarded  for  a  man's  death 
(see  Section  I.e.).  Women  do  not  face  legal  discrimination,  however,  in  other  areas 
not  specifically  addressed  by  Shari'a.  The  Secretariat  for  Women's  Affairs  works 
with  many  NGO's  and  cooperatives  to  improve  the  status  of  women.  A  booklet  pub- 
lished late  in  1996  advises  women  of  their  rights. 

There  are  no  legal  restrictions  on  the  education  of  girls  and  women.  Girls  com- 
prised 45  percent  of  all  school  enrollments  in  1996—1997.  Some  75  percent  of  school 
age  girls  attended  elementary  school  in  1996,  up  from  44.8  percent  in  1990  (com- 
pared with  85.9  percent  for  boys,  up  from  58.3  percent).  At  the  secondary  level,  fe- 
male students  constituted  36  percent  of  those  enrolled.  Despite  the  increases,  enroll- 
ment in  eastern  Mauritania,  the  Brakna,  and  along  the  Senegal  River  remained  at 
a  lower  level.  The  (government  introduced  a  special  program  in  1995-96  to  boost  fe- 
male enrollment  at  the  elementary  level.  Women  made  up  14.9  percent  of  the  uni- 
versity's 1996-97  enrollment,  compared  with  9  percent  in  1990.  Women  also  con- 
stituted 26.5  percent  of  students  enrolled  in  technical  schools,  compared  with  2  per- 
cent in  1990. 

The  Government  seeks  to  open  new  employment  opportunities  for  women  in  areas 
that  are  traditionally  filled  by  men,  sucn  as  health  care,  communications,  police, 
and  customs  services. 

The  law  provides  that  men  and  women  receive  equal  pay  for  equal  work.  While 
not  universally  applied  in  practice,  the  two  largest  employers,  the  civil  service  and 
state  mining  company,  respect  this  law.  In  the  modem  wage  sector,  women  also  re- 
ceive generous  family  benefits,  including  3  months  of  maternity  leave. 

Children. — The  (Jovemment  does  not  require  attendance  at  school  and  a  lack  of 
financial  resources  limits  available  educational  opportunities.  However,  almost  all 
children,  regardless  of  sex  or  ethnic  group,  attend  Koranic  school  from  the  ages  of 
5  to  7  and  gain  at  least  rudimentary  skills  in  reading  and  writing  Arabic  in  addition 
to  memorizing  Koranic  verses. 

The  law  makes  special  provisions  for  the  protection  of  children's  welfare,  and  the 
(jovemment  has  programs  to  care  for  abandoned  children.  These  programs  are, 
however,  hampered  by  inadequate  funding.  The  (government  relies  on  foreign  donors 
in  such  areas  as  child  immunization.  Moreover,  it  does  not  enforce  existing  child 
labor  laws,  and  children  perform  a  significant  amount  of  labor  in  support  of  family 
activities.  There  are  isolated  but  credible  press  reports  of  parents  agreeing,  in  ex- 
change for  money,  to  send  their  young  children  to  work  in  foreign  countries.  The 
most  common  cases  are  of  boys  between  the  ages  of  8  and  10  years  who  are  sent 
to  work  as  "camel  jockeys"  or  herders  in  the  United  Arab  Emirates  or  Qatar.  In  Oc- 
tober the  (jovemment  discovered  that  11  children  between  the  ages  of  3  and  5  years 
had  boarded  a  plane  to  Bamako  for  this  purpose  and  alerted  the  Government  of 
Mali.  The  children  were  returned  from  Bamako.  The  parents,  who  had  voluntarily 
sent  the  children,  were  queried  but  no  arrests  were  made  (see  Section  6.d.). 

Traditional  forms  of  mistreatment  of  females  continue,  mostly  in  isolated  rural 
communities,  but  these  practices  appear  to  be  on  the  decline.  Such  mistreatment 
consists  of  forced  feeding  of  adolescent  girls  (gavage)  and  female  genital  mutilation 
(FGM),  which  is  widely  condemned  by  international  health  experts  as  damaging  to 
both  physical  and  psychological  health.  F'GM  is  performed  most  often  on  young  girls, 
often  on  the  seventh  day  after  birth  and  almost  always  before  the  age  of  6  months, 
and  it  is  practiced  among  all  ethnic  groups  except  the  Wolof.  A  March  1996  report 
by  the  United  Nations  Population  Fund  cited  Mauritania  as  a  country  in  which  25 
percent  of  the  women  undergo  FGM,  which  was  confirmed  by  a  study  in  September 
Dv  Jeune  Afrique  Economique.  Among  Halpulaar  women,  over  95  percent  undergo 
FGM.  The  practice  prevails  among  Soninke  women  as  well.  A  broad  foreign-funded 
study  is  currently  underway  to  obtain  more  precise  details.  Local  experts  agree  that 
the  least  severe  form  of  excision  is  practiced,  and  not  infibulation,  the  most  severe 
form  of  FGM.  The  practice  of  FGM  has  decreased  in  the  modem  urban  sector. 


220 

It  is  the  clear  public  policy  of  the  Government,  through  the  Secretariat  of  Wom- 
en's Affairs,  that  FGM  should  be  stopped,  and  the  Government  bars  hospitals  from 
performing  it.  However,  the  Government  does  not  attempt  to  interfere  with  the 
practice.  The  Secretariat  of  Women's  Affairs  established  a  committee  in  June  to 
combat  gavage  and  FGM.  Public  health  workers  and  NGO's  educate  women  to  the 
dangers  of  FGM  and  to  the  fact  that  FGM  is  not  a  requirement  of  Islam.  A  1996 
officially  produced  Guide  to  the  Rights  of  Women  in  Mauritania  (with  religious  en- 
dorsement) stresses  that  Islam  does  not  require  FGM  and  that  if  medical  experts 
warn  against  it  for  medical  reasons,  it  shoula  not  be  done. 

People  With  Disabilities. — The  law  does  not  specifically  provide  for  people  with 
disabilities,  and  the  Government  does  not  mandate  preference  in  employment  or 
education  or  public  accessibility  for  disabled  persons.  It  does,  however,  provide  some 
rehabilitation  and  other  assistance  for  the  disabled. 

National  / Racial  / Ethnic  Minorities. — Ethnic  minorities  and  low-caste  individuals 
among  all  ethnic  groups  confront  societal  discrimination.  Ethnic  and  cultural  ten- 
sion and  discrimination  arise  from  the  geographic  and  cultural  line  between  tradi- 
tionally nomadic  Arabic-speaking  (Hassaniya)  Moor  herders  and  Afro-Mauritanian 
(Peuhl)  herders  of  the  Halpulaar  group,  and  sedentary  cultivators  of  the  Halpulaar 
(Toucouleur),  Soninke,  and  Wolof  ethnic  groups  in  the  south.  Although  culturally  ho- 
mogeneous, the  Moors  are  divided  among  numerous  ethno-linguistic  clan  groups  and 
are  racially  distinguished  as  White  Moors  and  Black  Moors.  The  majority  of  what 
are  known  as  Black  Moors  are  Haratine,  literally  "one  who  has  been  freed,"  al- 
though some  Black  Moor  families  were  never  enslaved.  The  Halpulaar  (the  largest 
Afro-Mauritanian  group),  the  Wolof,  and  the  Soninke  ethnic  groups  are  concentrated 
in  the  south.  "White"  Moors,  large  numbers  of  whom  are  dark-skinned  after  cen- 
turies of  intermarriage  with  members  of  Sub-Saharan  African  groups,  dominate  po- 
sitions in  government,  business,  and  the  cler^.  The  Halpulaar,  Soninke,  and  Wolof 
ethnic  groups  are  underrepresented  in  the  military  and  security  sectors. 

Ethnic  tensions  surfaced  dramatically  in  the  mass  expulsions  of  Afro- 
Mauritanians  in  1989-90  and  the  purge  of  Afro-Mauritanians  from  the  military  in 
1991.  Few  regained  their  positions. 

The  Constitution  designates  Arabic  along  with  F*ulaar,  Soninke,  and  Wolof  as 
Mauritania's  national  languages.  Successive  governments — both  civil  and  military — 
have  pursued  various  policies  of  "Arabization"  in  the  schools  and  in  the  workplace. 
Non-Arabic-speaking  ethnic  groups  have  protested  this  policy,  as  have  Arabic-speak- 
ing groups  that  want  their  children  to  ootain  a  bilingual  Arabic-French  education. 
The  Government  provides  bilingual  Arabic-French  programs  where  the  community 
demand  is  sufficient.  Elementary  school  classes  are  also  available  in  the  other  na- 
tional languages  in  several  localities. 

Some  hostility  and  bitterness  from  the  explosive  ethnic  violence  of  the  1989-91 
events  persist  between  ethnic  groups,  although  political  coalitions  among  the  groups 
are  increasingly  important. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  freedom  of  association 
and  the  right  of  citizens  to  join  any  political  or  labor  organization.  All  workers  ex- 
cept members  of  the  military  and  police  are  free  to  associate  in  and  establish  unions 
at  the  local  and  national  levels. 

Prior  to  the  1993  amendment  of  the  Labor  Code,  which  repealed  provisions  re- 
stricting trade  union  pluralism,  the  government-controlled  labor  central,  the  Union 
of  Mauritanian  Workers  (UTM),  was  the  only  labor  confederation  allowed  by  law. 
Since  1993  six  new  labor  confederations  have  been  recognized  and  four  unolYicial  or 
unrecognized  unions  formed.  The  UTM,  which  many  workers  still  view  as  closely 
allied  with  the  Government  and  the  Parti  Republicain  Democratique  et  Sociale 
(PRDS),  has  lost  ground  to  these  organizations.  The  General  Confederation  of 
Mauritanian  Workers  (CGTM),  recognized  in  1994  and  with  23  member  unions,  is 
not  affiliated  with  any  political  party,  although  most  of  its  members  favor  the  oppo- 
sition; it  continued  to  gain  considerably  in  strength  during  the  year,  in  part  because 
of  the  UTM's  internal  discord.  The  Government,  which  previously  subsidized  only 
the  UTM,  now  provides  funds  also  to  the  CGTM,  proportional  to  its  membership. 
Both  confederations  supplied  representatives  to  the  country's  four  labor  tribunals, 
and  the  CGTM  was  included  in  most  government  deliberative  or  consultative  bodies 
in  which  the  UTM  alone  has  participated  in  the  past.  A  third  labor  confederation, 
the  Free  Confederation  of  Mauritanian  Workers  (CLTM),  which  was  formed  in  1995 
and  leans  politically  toward  the  opposition  party,  Action  px)ur  le  Changement,  has 
not  been  recognized  by  the  Government  but  is  nevertheless  allowed  to  function.  The 
CLTM  complained  in  May  of  discrimination  in  the  workplace  and  by  the  Govern- 
ment in  trade  union  activity.  Several  independent  trade  unions,  in  particular  three 


221 

for  teachers  at  the  elementary,  secondary,  and  university  levels,  were  also  active. 
Seminars  to  educate  the  tripartite  partners  on  responsible  trade  unionism  and 
democratic  labor  relations  were  held  under  foreign  embassy  and  other  sponsorship. 

The  bulk  of  the  labor  force  is  in  the  informal  sector,  with  most  workers  engaged 
in  subsistence  agriculture  and  animal  husbandry;  only  25  percent  are  employed  in 
the  wage  sector.  However,  nearly  90  percent  of  the  inaustrial  and  commercial  work- 
ers are  organized.  The  law  provides  workers  with  the  right  to  strike,  and  there  were 
several  strikes  and  partial  work  stoppages.  Most  strikes  were  settled  quickly  due 
to  limited  worker  and  union  resources.  Authorities  arrested  secondary  teachers  who 
threatened  a  strike  in  April  and  later  cut  their  salaries.  The  law  provides  for  tri- 
partite arbitration  committees  composed  of  union,  business,  and  government  rep- 
resentatives. Once  all  parties  agree  to  arbitration,  the  committee  may  impose  bind- 
ing arbitration  that  automatically  terminates  any  strike. 

International  trade  union  activity  increased.  The  Government  included  both 
CGTM  and  UTM  representatives  in  its  delegation  to  the  ILO  in  June,  and  the  ILO 
conducted  an  extensive  series  of  training  workshops  in  which  both  confederations 
participated  as  they  did  in  1996.  The  CGTM  and  UTM  have  applied  for  membership 
m  the  ICFTU,  but  at  year's  end  the  applications  are  still  pending.  The  UTM  partici- 
pated in  regional  labor  organizations,  and  the  CGTM  has  an  application  pending  to 
join  the  Organization  of  African  Trade  Union  Unity  (OATUU). 

The  Government  petitioned  the  United  States  for  reconsideration  of  Generalized 
System  of  Preferences  (GSP)  trade  privileges  in  June.  The  United  States  revoked 
GSP  benefits  in  July  1993  for  failure  to  respect  freedom  of  association  or  to  take 
steps  to  eliminate  forced  labor,  including  vestiges  of  slavery  (see  Section  6.c.). 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  that  unions 
may  freely  organize  workers  without  government  or  employer  interference.  General 
or  sectoral  agreements  on  wages,  working  conditions,  and  social  and  medical  bene- 
fits are  negotiated  in  tripartite  discussions  and  formalized  by  government  decree. 
Wages  and  other  benefits  can  also  be  negotiated  bilaterally  between  employer  and 
union  and  the  results  of  such  negotiations  are  filed  with  the  Directorate  of  Labor. 

The  Secondary  School  Teachers  Union  (SEPES)  threatened  to  strike  in  April  to 
protest  the  Government's  unwillingness  to  grant  wage  concessions  and  implement 
Islamist  dress  and  other  practices  in  the  schools.  The  Government  threatened  to  dis- 
miss teachers  who  struck,  briefly  occupied  SIPES  headquarters,  and  detained  under 
house  arrest  some  15  SIPES  leaders.  The  Government  linked  SIPES  to  incitement 
of  student  demonstrations  in  March  over  increased  transportation  costs  arising  from 
fuel  price  rises.  Some  members  of  SIPES  struck  on  May  7  for  2  hours  without  inci- 
dent. All  SEPES  detainees  had  been  released  by  July.  When  the  National  Order  of 
Lawyers  threatened  to  strike  in  July,  concessions  were  made  and  the  strike  was 
averted. 

Laws  provide  workers  with  protection  against  antiunion  discrimination  and  em- 
ployees or  employers  may  bring  labor  disputes  to  three-person  labor  tribunals  ad- 
ministered jointly  by  the  Ministries  of  Justice  and  Labor  with  the  participation  of 
union  and  employer  representatives. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Gk)vernment  prohibits  forced 
and  bonded  labor,  including  by  children,  but  does  not  enforce  this  prohibition  effec- 
tively in  specific  cases  (also  see  Section  5). 

Mauritanians  continue  to  suffer  the  effects  of  generations  of  the  practice  of  slav- 
ery and  of  slave  caste  distinctions  in  both  Moor  and  Afro-Mauritanian  communities. 
Slavery  was  officially  abolished  three  times  in  Mauritania,  most  recently  by  the 
post-independence  government  in  1980. 

A  system  of  officially  sanctioned  slavery  in  which  government  and  society  join  to 
force  individuals  to  serve  masters  does  not  exist;  however,  slavery  in  the  form  of 
unofficial  voluntary  or  forced  and  involuntary  servitude  persists.  Many  persons  con- 
tinue to  live  in  conditions  of  unofficial  paid  or  unpaid  servitude  and  many  persons 
still  consider  themselves  to  be  slaves. 

NGO  positions  on  the  existence  of  slavery  are  not  uniform.  For  example,  SOS- 
Esclaves  in  an  April  report  characterizes  slavery  as  a  persistent  social  reality, 
whose  occurrence  among  disadvantaged  classes  is  far  from  negligible.  The  OAU's  Af- 
rican Commission  on  Human  and  People's  Rights  report  issued  in  April  disputed  the 
conclusions  of  SOS-Esclaves.  While  not  dismissing  the  possibility  of  isolated  cases 
of  slavery  in  the  remote  countryside,  the  Commission  concluded  that  the  persistence 
of  vestiges  of  slavery  was  the  more  convincing  explanation  of  social  relations.  Anti- 
Slavery  International  believes  that  there  is  insufficient  evidence  one  way  or  the 
other  to  conclude  whether  or  not  slavery  exists,  and  that  an  in  depth,  long  term 
study  was  required  to  determine  whether  the  practice  continues. 


222 

Adult  males  cannot  be  obliged  by  law  to  remain  with  their  masters  nor  can  they 
be  returned  if  they  leave.  Adult  females  with  children,  however,  may  have  greater 
diiliculties  and  may  be  compelled  by  pressures  other  than  physical  force  to  remain 
in  a  condition  of  servitude.  For  example,  in  some  cases,  former  masters  refijse  to 
allow  children  to  accompany  their  mothers;  in  other  cases,  the  greater  economic  re- 
sponsibility of  a  family  may  be  the  principal  impediment  to  seeking  a  new  life.  Chil- 
dren's legal  status  is  more  tenuous  than  that  of  adults. 

There  were  no  reported  cases  of  sales  or  "transfers"  of  individuals — often  chil- 
dren— from  one  employer  or  master  to  another.  There  were  occasional  confirmed 
cases  of  "transfers"  in  1996,  but  reports  of  sales  are  rare,  cannot  be  confirmed,  and 
are  confined  to  past  years.  In  several  highly  publicized  cases,  children  were  returned 
from  former  masters  claiming  to  be  their  fathers  to  their  mothers.  The  longstanding 
case  of  Aichana  Mint  Abeid  Boilil  came  to  a  close  in  January  when  her  last  child 
was  returned  to  her.  In  an  inheritance  case  in  Boutilimit,  a  young  woman  given  to 
the  son  of  her  former  master,  was  returned  to  her  family  in  Nouakchott. 

Many  citizens,  whether  Moor  or  Afro-Mauritanian,  continue  to  call  themselves 
"slave"  even  though  they  are  legally  free  to  live  and  work  where  they  choose.  This 
is  exacerbated  by  the  Government  s  weak  record  of  enforcing  the  ban  on  slavery. 
Many  individuals  still  live  with  masters  or  former  masters.  Poverty,  persistent 
drought,  and  a  weak  economy  provide  few  economic  alternatives  for  many  and  leave 
some  former  slaves  open  to  possible  exploitation  by  former  masters.  Significant 
numbers,  especially  in  the  cities,  work  for  former  masters  for  a  pittance  or  in  ex- 
change for  room  and  board,  clothing,  and  medical  benefits.  Some  also  receive  gifts 
on  important  family  occasions  such  as  births,  marriages,  and  deaths.  Invisible  but 
crippling  psychological  bonds  make  it  difficult  for  many  individuals,  who  have  gen- 
erations of  lorebearers  who  were  slaves,  to  think  of  themselves  as  free  from  former 
masters.  Because  of  religious  instruction  in  the  past,  some  individuals  continue  to 
link  themselves  to  former  masters  and  fear  religious  sanction  if  that  bond  is  broken 
by  anyone  else. 

"Slave"  as  a  caste  designation  is  common  to  all  ethnic  groups — Sub-Saharan  Afro- 
Mauritanian  groups  as  well  as  Moor.  The  legacy  of  these  caste  distinctions  continues 
to  affect  the  status  and  opportunities  available  to  various  groups  of  Mauritanians. 
In  some  groups,  for  example,  individuals  of  a  higher  caste  who  seek  to  marry  some- 
one of  a  lower  caste  may  be  barred  by  the  community,  and  in  Soninke  communities 
members  of  the  slave  caste  cannot  be  buried  in  the  same  cemetery  as  other  castes. 

President  Taya  used  his  January  9  speech  on  the  eve  of  Ramadan  to  publicly  ad- 
dress the  issue  of  slavery  and  its  legacy  in  Mauritania  for  the  first  time.  The  speech 
aroused  widespread  public  debate  over  the  slavery  question  in  newspapers  and 
among  NGO's.  Over  200  articles  on  the  subject  appeared.  Only  one  newspaper,  Al- 
Akhbar  on  January  28,  was  censored  for  an  article  related  to  the  debate. 

The  Government  focuses  on  education,  literacy,  and  agrarian  reform  as  the  main 
means  to  eradicate  the  vestiges  of  slavery.  Its  record  in  cases  in  which  an  individ- 
ual's civil  rights  are  affected  oecause  of  status  as  a  former  slave,  however,  is  weak. 
When  complaints  were  filed  with  the  Government  to  remedy  cases  involving  deten- 
tion of  individuals  against  their  will,  the  Government  intervened  in  accordance  with 
the  law,  although  sometimes  only  after  considerable  prodding  and  passage  of  time. 
A  mother  appealed  a  February  1996  ruling  by  a  magistrate  in  Brakna  giving  cus- 
tody of  her  two  children  to  a  former  master  who  claimed  to  be  their  father.  He  was 
later  determined  actually  to  be  their  father  and  received  custody.  Determination  of 
such  cases  is  problematic  in  a  country  where  there  is  polygyny,  "secret"  marriages, 
no  written  records,  and  divorce  by  repudiation.  The  courts  are  prepared  to  pursue 
the  concept  of  genetic  testing  to  determine  paternity,  but  no  such  cases  have  yet 
been  brought. 

Three  NGO's,  SOS-Esclaves,  the  National  Committee  for  the  Struggle  Against  the 
Vestiges  of  Slavery  in  Mauritania,  and  the  Initiative  for  the  Support  of  tne  Activi- 
ties of  the  President,  had  as  their  focus  issues  related  to  the  history  of  slavery  in 
Mauritania.  Of  these,  SOS-Esclaves  was  particularly  active  in  bringing  to  public  at- 
tention cases  in  which  it  found  the  rights  of  former  slaves  to  have  been  abridged, 
and  in  assisting  former  slaves  in  their  difficulties  with  former  masters.  Other 
human  rights  and  civic  action  NGO's  also  follow  this  issue  closely.  The  independent 
press,  which  includes  journals  that  are  published  by  Haratines  and  Afro- 
Mauritanians  who  emphasize  issues  of  importance  to  these  ethnic  groups,  is  also 
quick  to  report  any  incident  that  comes  to  its  attention  in  which  the  rights  of  former 
slaves  have  not  been  respected. 

Inheritance  disputes  between  Haratines  and  the  descendants  of  their  former  mas- 
ters arose  several  times  and  were  adjudicated  in  court.  Most  such  disputes  are  de- 
cided in  accordance  with  the  law,  and  rule  that  the  descendants  of  the  lormer  slaves 


223 

should  inherit  their  property.  There  has  been  no  further  action  on  the  1994  land 
case  that  was  still  under  review  in  1996. 

In  a  1995  case,  the  Supreme  Council  of  the  Magistrature  removed  a  magistrate 
from  the  bench  because  he  ruled,  contrary  to  the  law,  that  a  former  master,  rather 
than  the  former  slave's  descendants,  should  inherit  the  possessions  of  a  former 
slave.  On  December  28,  1996,  the  Supreme  Council  of  the  Magistrature  removed  the 
magistrate  in  Kankossa  from  the  bench  because  he  refused  to  accept  the  provisions 
of  the  1980  law  abolishing  slavery.  The  Government  censured  for  a  human  rights- 
related  cause  at  least  one  of  the  other  three  judges  removed  at  the  same  time.  The 
removal  of  these  magistrates  emphasize  to  other  judges  that  the  provisions  of  the 
1980  law  apply. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The 
Labor  Code  states  explicitly  that  children  must  not  be  employed  before  the  age  of 
14  unless  the  Minister  of  Labor  grants  an  exception  due  to  local  circumstances.  The 
Government  prohibits  forced  ana  bonded  labor  oy  children  but  does  not  enforce  this 
prohibition  effectively  in  certain  specific  cases  (see  Sections  5  and  6.c.).  The  Govern- 
ment has  a  functional  labor  inspectorate  empowered  to  refer  cases  directly  to  the 
appropriate  judicial  authorities.  The  Government  lacks  sufficient  resources  to  en- 
force existing  child  labor  laws  (see  Section  5). 

Education  is  not  compulsory,  and  for  financial  and  other  reasons,  15  percent  of 
school-age  children  do  not  regularly  attend  government  schools.  Labor  law  specifies 
that  no  child  under  the  age  of  13  years  may  be  employed  in  the  agricultural  sector 
without  the  permission  of  the  Minister  of  Labor,  nor  under  the  age  of  14  years  in 
the  nonagricultural  sector.  The  law  provides  that  employed  children  between  the 
ages  of  14  and  16  should  receive  70  percent  of  the  minimum  wage,  and  those  be- 
tween the  ages  of  17  and  18  should  receive  90  percent  of  the  minimum  wage. 

Young  children  in  the  countryside  commonly  pursue  herding,  cultivation,  fishing, 
and  other  significant  labor  in  support  of  their  families'  activities.  In  keeping  with 
longstanding  tradition,  many  children  serve  apprenticeships  in  small  industries  and 
in  the  informal  sector.  There  is  no  child  labor  in  the  modern  industrial  sector. 

e.  Acceptable  Conditions  of  Work. — The  minimum  wage  for  adults  is  approxi- 
mately $53.55  (8,300  ouguiya)  per  month)  and  has  not  been  raised  since  1992.  It 
is  difficult  for  the  average  family  to  meet  its  minimum  needs  and  maintain  a  decent 
standard  of  living  at  this  salary.  The  standard,  legal,  nonagricultural  workweek 
may  not  exceed  either  40  hours  or  6  days  without  overtime  compensation,  which  is 
paid  at  rates  that  are  graduated  according  to  the  number  of  supplemental  hours 
worked.  Domestic  workers  and  certain  other  categories  work  56  hours.  The  Labor 
Directorate  of  the  Ministry  of  Labor  is  responsible  for  enforcement  of  the  labor  laws, 
but  in  practice  inadequate  funding  limits  the  effectiveness  of  the  Directorate's  en- 
forcement. 

The  Ministry  of  Labor  is  also  responsible  for  enforcing  safety  standards  but  does 
so  inconsistently,  due  to  inadequate  funding.  In  principle  workers  can  remove  them- 
selves from  hazardous  conditions  without  risking  loss  of  employment;  in  practice, 
they  cannot. 


MAURITIUS 

The  Republic  of  Mauritius,  a  parliamentary  democracy  since  1968,  is  governed  by 
a  Prime  Minister,  a  Council  of  Ministers,  and  a  National  Assembly.  The  President, 
who  is  nominated  by  the  Prime  Minister  and  confirmed  by  the  National  Assembly, 
serves  as  Head  of  State,  with  largely  ceremonial  powers.  Fair  and  orderly  national 
and  local  elections,  supervised  by  an  independent  commission,  take  place  at  regular 
intervals.  There  are  numerous  political  parties  and  partisan  politics  is  open  and  ro- 
bust. The  judiciary  is  independent. 

A  paramilitary  Sfjecial  Mobile  Force  under  civilian  control  is  responsible  for  inter- 
nal security.  This  force,  under  the  command  of  the  Commissioner  of  Police,  is 
backed  by  a  general  duty  police  force.  Both  forces  are  largely  apolitical  and  gen- 
erally well  trained.  While  human  rights  violations  are  infrequent,  members  of  the 
security  forces  committed  some  abuses. 

The  economy  is  based  on  labor-intensive,  export-oriented  manufacturing  (mainly 
textiles),  as  well  as  sugar  and  tourism.  The  standard  of  living  is  high,  with  average 
per  capita  gross  domestic  product  of  approximately  $3,400  per  year.  The  Govern- 
ment is  successfully  diversifying  the  economy  by  promoting  investment  in  new  sec- 
tors such  as  information  technology  and  financial  services. 

The  Government  generally  respects  the  human  rights  of  its  citizens,  but  problem 
areas  remain.  There  continued  to  be  occasional  reports  that  police  abused  suspects 


224 

and  detainees  as  well  as  delayed  their  access  to  defense  counsel.  Discrimination  and 
violence  against  women  is  a  problem.  In  a  significant  step,  in  May  the  Government 
passed  legislation  outlawing  domestic  violence.  Child  labor  remains  a  problem.  In 
a  jwsitive  step,  the  Government  decided  to  introduce  human  rights  education  in  sec- 
ondary schools  and  is  now  preparing  a  curriculum  for  introduction  in  1998.  In  No- 
vember police  inspectors  participated  in  the  first  human  rights  training  seminar  for 
law  enforcement  ofiicials  in  the  country. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

However,  no  progress  was  made  in  resolving  the  cases  of  two  persons  who  died 
in  police  custody,  one  in  December  1996,  the  other  in  1994.  Human  rights  lawyers 
asserted  that  the  police  were  attempting  to  conceal  the  facts  surrounding  the  deaths 
and  were  not  conducting  thorough,  unbiased  investigations. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  torture  and  inhuman  punishment,  and  authorities  generally  ob- 
served it.  However,  there  were  approximately  one  dozen  published  reports  of  alleged 
police  brutality  involving  mistreatment  of  individuals,  including  suspects  in  custody. 

Prison  conditions  generally  meet  minimum  international  standards. 

The  Government  nas  permitted  prison  visits  by  foreign  diplomats,  the  national 
ombudsman,  a  team  from  the  U.N.  Commission  lor  Human  Rights,  and  the  press. 
The  Government  is  investigating  conditions  and  treatment  in  police  holding  cells. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention,  and  the  Government  generally  observes  these  prohibitions.  In 
most  cases,  but  not  in  all  cases,  suspects  are  provided  prompt  access  to  family  and 
defense  counsel. 

The  Constitution  prohibits  exile,  and  the  Government  does  not  use  it. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  iudi- 
ciary,  and  the  Government  generally  respects  this  provision  in  practice.  The  jud.icial 
system  consists  of  the  Supreme  Court,  which  has  appellate  powers,  and  a  series  of 
lower  courts.  Final  appeal  niay  be  made  to  the  Judicial  Committee  in  the  United 
Kingdom  (the  Privy  Council).  There  are  no  political  or  military  courts. 

The  Constitution  provides  for  the  right  to  a  fair  trial,  and  an  independent  judici- 
ary vigorously  enforces  this  right.  Defendants  have  the  right  to  private  or  court-ap- 
pointed counsel.  The  1995  Dangerous  Drugs  Act,  which  would  permit  law  enforce- 
ment authorities  to  hold  suspected  drug  traffickers  for  up  to  36  hours  without  access 
to  bail  or  legal  counsel,  is  undergoing  judicial  review  and  has  not  been  implemented. 
The  constitutionality  of  the  law  may  oe  questioned. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices,  government  authorities  generally  respect 
these  provisions,  and  violations  are  subject  to  legal  sanction.  Both  human  rights 
lawyers  and  police  authorities  said  that  illegal  entry  by  the  intelligence  apparatus 
has  ceased.  The  acting  Commissioner  of  Police  stated  that  police  do  not  use  illegal 
wire  taps  on  telephones. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  generally  respects  these  rights  in  practice. 
Debate  in  the  National  Assembly  is  lively  and  open.  More  than  one  dozen  privately 
owned  newspapers  presented  varying  political  viewpoints  and  expressed  partisan 
views  freely.  The  Government  has  the  ability  to  counter  press  criticism  by  using 
strict  libel  laws;  however,  the  Ramgoolam  Government  has  not  invoked  these  meas- 
ures to  inhibit  the  press.  Libel  suits  between  private  parties  are  common. 

The  government  monopoly  in  broadcasting  local  news  and  programming  contin- 
ued, but  it  was  undermined  by  a  decision  of  the  Supreme  Court  in  July  that  is  ex- 
pected to  result  in  the  opening  of  broadcasting  to  private  parties,  except  for  local 
news  programming,  whicn  will  remain  under  government  control  pending  passage 
of  legislation  for  complete  liberalization.  The  Government  did  not  challenge  the 
Court's  decision,  and  appears  prepared  to  comply  with  it.  Television  and  radio  news 
reporting  maintained  a  progovernment  slant,  although  the  Mauritius  Broadcasting 
Corporation  allowed  opposition  figures  slightly  more  air  time  than  it  had  previously. 
Sky  News  from  the  United  Kingdom  and  Canal  Plus  from  France  are  available  to 
the  public  on  a  subscription  basis. 

The  Government  respects  academic  freedom. 


225 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  generally  respects  them  in  practice.  Police  permis- 
sion is  required  for  demonstrations  and  mass  meetings;  sucn  pjermission  is  rarely 
refiised,  and  groups  have  the  right  to  challenge  denials.  In  June  1996,  the  Commis- 
sioner of  Police  decided  not  to  authorize  a  trade  union  march  12  hours  before  it  was 
to  have  begun.  Police  later  informed  union  leaders  that  they  would  be  prosecuted 
because  they  had  addressed  the  crowd  that  had  gathered  despite  the  ban.  In  August 
the  police  demanded  that  the  union  leaders  surrender  their  passports.  They  subse- 
quently withdrew  this  demand.  An  inquiry  began  to  determine  who  had  initially  in- 
structed police  to  prosecute  the  trade  unionists,  but  its  results  were  not  available 
at  year's  end. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  tnese  rights,  and  the  Government  re- 
spects them  in  practice. 

There  are  no  refugees.  The  Government  considers  asylum  requests  on  a  case-by- 
case  basis. 

The  issue  of  the  provision  of  first  asylum  has  never  arisen.  There  were  no  reports 
of  forced  return  of  persons  to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice.  Free  and  fair  national  elec- 
tions based  on  universal  suffrage  were  held  in  December  1995.  The  remote  and  iso- 
lated islands  of  Agalega  and  St.  Brandon  are  an  exception  to  universal  suffrage. 
Their  nearly  500  citizens  have  no  representation  in  the  National  Assembly. 

In  the  National  Assembly,  up  to  eight  members  are  appointed  through  a  "best 
loser"  system  to  ensure  that  all  ethnic  groups  are  represented. 

Of  the  66  National  Assembly  seats,  6  are  held  by  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  are  organized  and  active,  and  operate  without 
government  restriction,  investigating  and  publishing  their  findings  on  human  rights 
cases.  Government  officials  cooperate  with  and  respond  to  the  views  of  human  rights 
groups. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  specifically  prohibits  discrimination  on  the  basis  of  race,  caste, 
place  of  origin,  political  opinion,  color,  creed,  or  sex.  The  Government  generally  re- 
spects these  provisions.  In  a  positive  step,  the  Government  decided  to  introduce 
human  rights  education  in  secondary  schools  and  is  preparing  a  curriculum  for  in- 
troduction in  1998. 

Women. — Violence  against  women,  particularly  spousal  abuse,  is  widespread,  ac- 
cording to  the  Ministry  of  Women's  Rights  and  Family  Welfare,  attorneys,  and  non- 
governmental organizations.  In  August  the  Government  took  a  significant  step  to 
address  these  problems  by  enacting  legislation  that  outlawed  domestic  violence  and 
provided  mechanisms  to  protect  women  and  children  in  particular.  Officials  report 
that  the  number  of  spousal  abuse  cases  has  been  rising  in  the  last  3  years  due  pri- 
marily to  better  reporting.  Between  August  and  November,  66  protection  orders 
were  issued  and  an  additional  35  were  under  investigation. 

Women  have  traditionally  played  subordinate  roles  in  society,  and  societal  dis- 
crimination continues.  Women  do,  however,  have  access  to  education,  employment, 
and  government  services. 

Children. — The  Government  placed  strong  emphasis  on  the  health  and  welfare  of 
children,  and  displayed  a  commitment  to  expand  educational  opportunities  for  chil- 
dren. Education  is  mandatory  up  to  the  age  of  12,  and  the  Government  plans  to  in- 
crease this  to  the  age  of  15. 

Incidents  of  child  abuse  are  occasionally  reported;  private  voluntary  organizations 
claim  that  the  problem  is  more  widespread  than  is  publicly  acknowledged.  Most  gov- 
ernment programs  are  administered  oy  the  state-funded  National  Children's  Coun- 
cil, which  provides  counseling,  investigates  reports  of  child  abuse,  and  takes  reme- 
dial action  to  protect  alTected  children. 

People  With  Disabilities. — There  is  no  discrimination  against  disabled  persons  in 
employment,  education,  or  in  the  provision  of  other  government  services.  The  law 
requires  organizations  that  employ  more  than  10  persons  to  set  aside  at  least  3  per- 


226 

cent  of  their  positions  for  the  disabled.  The  law  does  not  require  that  work  sites  be 
accessible  to  the  disabled,  making  it  diflicult  for  people  with  disabilities  to  fill  many 
jobs.  There  is  no  law  mandating  access  to  public  buildings  or  facilities. 

National  I  Racial  I  Ethnic  Minorities. — Tensions  between  the  Hindu  majority  and 
Creole  and  Muslim  minorities  persist  but  rarely  lead  to  violence  or  open  confronta- 
tion. Creole  and  Muslim  minorities  attempted  to  keep  public  attention  focused  on 
alleged  societal  injustices  and  Hindu  discrimination  against  them.  Some  Creole  po- 
litical groups  allege  that  they  received  unequal  treatment  from  police,  including 
being  subjected  to  a  greater  degree  of  force. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  explicitly  protects  the  right  of 
workers  to  associate  in  trade  unions,  and  there  is  an  active  trade  union  movement. 
More  than  300  unions  represent  over  100,000  workers,  or  about  20  percent  of  the 
work  force.  Many  of  the  unions  are  small,  having  less  than  1,000  members.  Eight 
major  labor  federations  serve  as  umbrella  organizations  for  these  smaller  unions. 
With  the  exception  of  members  of  the  "disciplined  force,"  namely,  the  police  and  the 
Special  Mobile  Force,  and  persons  in  state  services  who  are  not  public  officers  such 
as  contractors,  workers  are  free  to  form  and  join  unions  and  to  organize  in  all  sec- 
tors including  in  the  export  processing  zone  (EPZ).  Although  only  10  percent  of  EPZ 
workers  are  unionized,  these  workers  are  covered  by  national  labor  laws.  The 
Mauritian  Labor  Congress  asserts  that  union  membership  is  low  in  the  EPZ  in  part 
because  employers  in  the  EPZ  intimidate  employees  and  restrict  access  to  union  or- 
ganizers. Labor  unions  are  independent  from  the  Government  and  press  wage  de- 
mands, establish  ties  to  domestic  political  parties,  and  address  political  issues. 

Under  the  Industrial  Relations  Act  (IRA),  unions  have  the  legal  right  to  strike. 
In  practice,  however,  the  IRA  requires  a  21-day  cooling-off  period,  followed  by  bind- 
ing arbitration,  which  has  the  eftect  of  making  most  strikes  illegal.  The  IRA  states 
that  worker  participation  in  an  unlawful  strike  is  sufficient  grounds  for  dismissal, 
but  workers  may  seek  remedy  in  court  if  they  believe  that  their  dismissal  is  unjusti- 
fied. There  were  no  major  strikes  during  the  year. 

Under  the  law,  unions  may  and  do  establish  ties  with  international  labor  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  protects  the  right  of 
employees  to  bargain  collectively  with  their  employers.  Wages  are  established  by  the 
National  Remuneration  Board  (NRB),  whose  chairman  is  appointed  by  the  Minister 
of  Labor,  but  most  unions  are  able  to  negotiate  wages  higher  than  those  set  by  the 
NRB.  About  12  percent  of  the  labor  force  works  for  national  or  local  government. 
The  IRA  prohibits  antiunion  discrimination.  There  is  an  arbitration  tribunal  that 
handles  any  such  complaints. 

About  90,000  people  work  in  the  EPZ.  While  there  are  some  EPZ-specific  labor 
laws,  such  as  provisions  allowing  EPZ  employers  to  request  up  to  10  hours  per  week 
of  paid  overtime  from  their  employees,  workers  in  these  firms  enjoy  the  same  basic 
protections  as  workers  in  other  firms. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor  is  pro- 
hibited by  law,  and  not  practiced  in  fact.  Forced  or  bonded  labor  involving  children 
and  domestic  workers  is  prohibited  by  law  and  does  not  exist. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  legal 
minimum  age  for  employment  of  children  is  15  years.  However,  children  unable  to 
attend  secondary  school  often  seek  apprenticeships  in  the  trades.  The  Government 
plans  to  increase  mandatory  education  to  9  years  of  schooling,  which  would  keep 
children  in  school  until  the  age  of  15,  rather  than  the  current  requirement,  age  12. 
There  are  also  plans  to  establish  vocational  schools  to  train  those  who  leave  school 
early. 

The  Ministry  of  Labor  is  responsible  for  enforcement  and  conducts  frequent  in- 
spections. Child  labor  in  homes,  on  farms,  and  in  shops  is  common  in  Rodrigues, 
which  is  the  principal  problem  area  because  of  the  difiiculty  in  monitoring.  Forced 
or  bonded  labor  involving  children  and  domestic  workers  is  prohibited  by  law  and 
does  not  exist  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  Government  administratively  establishes 
minimum  wages,  which  vary  according  to  the  sector  of  employment,  and  it  man- 
dates minimum  wage  increases  each  year  based  on  inflation.  The  minimum  wage 
for  an  unskilled  worker  in  the  EPZ  is  about  $10.50  (231  rupees)  per  week,  while 
the  lowest  weekly  wage  for  a  non-EPZ  worker  is  about  $12.50  (274  rupees).  This 
is  below  the  level  needed  to  provide  a  decent  standard  of  living  for  a  worker  and 
family,  but  the  actual  market  wage  for  most  workers  is  much  higher  due  to  the 
present  labor  shortage  and  collective  bargaining.  The  standard  legal  workweek  in 
the  industrial  sector  is  45  hours.  In  the  EPZ,  an  employee  may  work  an  additional 
10  hours  per  week,  although  at  a  higher  hourly  wage. 


227 

The  Government  sets  health  and  safety  standards,  and  Ministry  of  Labor  ofTicials 
inspect  working  conditions  and  ensure  compliance  with  the  1988  Occupational  Safe- 
ty, Health,  and  Welfare  Act.  The  small  number  of  inspectors  limits  the  (Jovem- 
ment's  enforcement  ability,  but  through  voluntary  compliance  the  number  of  occupa- 
tional accidents  has  been  cut  nearly  in  half  since  the  act's  passage.  Workers  have 
the  right  to  remove  themselves  from  dangerous  situations  without  jeopardy  to  con- 
tinued employment. 


MOZAMBIQUE 

Mozambiaue  has  a  constitutional  government  headed  by  President  Joaquim 
Chissano  wno  was  elected  in  the  country's  first  multiparty  elections  in  October 
1994.  President  Chissano  and  the  leadership  of  his  party,  the  Front  for  the  Libera- 
tion of  Mozambique  (FRELEMO),  which  has  ruled  the  country  since  independence 
in  1975,  control  policymaking  and  implementation.  The  National  Assembly  is  the 
only  multiparty  body  besides  the  defense  force,  and  it  continued  to  provide  useful 
debate  on  national  policy  issues  and  began  to  generate  proposals  independently. 
Further,  the  Assembly's  FRELIMO  majority  began  to  exert  some  authority  with  the 
executive  with  regard  to  policymaking.  Although  the  foundations  of  democracy  re- 
main fragile,  Mozambique's  political  transition  continued  to  be  largely  successful 
and  reintegration  of  areas  controlled  by  the  Mozambican  National  Resistance 
(RENAMO)  during  the  war  continued,  with  tensions  limited  to  only  a  few  districts. 
The  judiciary,  on  occasion,  openly  discussed  its  weaknesses,  but  it  remained  unable 
to  implement  constitutional  provisions  safeguarding  individual  human  rights  or  to 
provide  an  effective  check  on  the  executive  branch. 

The  lack  of  resources  and  political  will  has  hampered  the  development  of  a  non- 
partisan professional  military.  There  are  several  forces  responsible  for  internal  secu- 
rity under  the  Minister  of  Interior — the  Criminal  Investigation  Police  (PIC),  the 
Mozambican  National  Police  (PRM)  and  the  Rapid  Reaction  Police  (PIR).  The  State 
Information  and  Security  Service  (SISE)  reports  directly  to  the  President.  These  ill- 
trained  and  ill-disciplined  units  continued  to  be  the  focus  of  much  controversy. 
Members  of  the  security  forces  committed  numerous  human  rights  abuses. 

Approximately  80  percent  of  the  population  is  employed  in  agriculture,  mostly  on 
a  subsistence  level.  Major  exports  are  shrimp,  sugar,  cotton,  and  cashew  nuts.  The 
pace  of  transition  to  a  market  economy  quicKened.  Privatization  of  state-owned  en- 
terprises continued  to  advance.  The  gross  domestic  product  grew  6.4  percent  in  1996 
and  was  forecast  to  grow  at  a  similar  rate  in  1997.  Inflation  fell  to  4.6  percent  in 
1997,  down  from  16.6  percent  in  1996.  Inflation  through  July  was  5.3  percent.  Al- 
though the  general  economic  outlook  improved  with  good  rains  and  a  good  harvest, 
the  economy  and  the  Government's  budget  remained  heavily  dependent  on  foreign 
aid;  the  economy  had  a  $575  million  traae  deficit  in  1996,  down  from  a  $613  million 
trade  deficit  in  1995.  Extensive  corruption  at  all  levels  of  the  Government  continued 
to  be  a  problem.  The  annual  per  capita  income  of  around  $93  remains  very  low,  and 
unemployment  and  underemployment  are  high. 

While  the  status  of  political  and  civil  liberties  improved,  the  Government's  overall 
human  rights  record  continued  to  be  marred  by  a  pattern  of  abusive  behavior  by 
the  security  forces  and  an  ineffective  judicial  system  that  is  only  nominally  inde- 
pendent from  the  FRELIMO-controlled  executive.  Poorly  trained  and  undisciplined 
police  forces  and  local  ofilcials  continued  to  commit  human  rights  abuses,  including 
extrajudicial  killings,  excessive  use  of  force,  and  arbitrary  detention.  Security  forces 
and  police  routinely  beat,  tortured,  or  otherwise  abused  detainees,  including  street 
children.  Extremely  harsh  prison  conditions  resulted  in  the  deaths  of  dozens  of  in- 
mates. Arbitrary  arrests  and  lengthy  detentions  without  fair  and  expeditious  trials 
remained  problems.  The  judiciary  lacks  qualified  staff  and  resources,  is  inefficient, 
does  not  ensure  due  process,  and  is  subject  to  executive  domination.  The  Govern- 
ment infringed  on  citizens'  privacy  rights.  The  Government  continued  to  restrict 
press  freedom;  the  media  remained  largely  owned  by  the  Government  and  state  en- 
terprises and  manipulated  by  factions  within  the  ruling  party,  but  there  was  a 
greater  criticism  of  government  policies  and  an  increase  in  tne  number  of  independ- 
ent media  sources.  Also,  with  increased  press  and  nongovernmental  organization 
(NGO)  scrutiny,  even  more  abuses  by  security  forces  came  to  light  than  in  previous 
years,  and  in  some  instances  the  Government  investigated  and  punished  tnose  re- 
sponsible. However,  in  view  of  the  common  perception  that  the  police  force  is  unreli- 
able and  corrupt,  many  citizens  resorted  to  mob  justice.  The  Government  limited 
freedom  of  assembly,  and  the  law  imposes  some  limits  on  freedom  of  association. 
A  U.N.  Development  Program  (UNDP)  project  to  reform  the  police,  which  included 


228 

training  by  the  Spanish  Guardia  Civil,  was  suspended  after  an  incident  in  which 
police  shot  and  killed  a  Spanish  doctor  (see  Section  l.a.).  The  program  was  re- 
instituted  later,  and  police  retraining  was  expected  to  begin  early  in  1998.  Societal 
discrimination  and  violence  against  women,  and  violence  against  children  remain 
problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — ^There  were  no  known  cases  of  politi- 
cal killings,  but  there  were  reports  of  extrajudicial  killings.  In  July  a  provincial 
RENAMO  official  charged  that  government  officials  killed  two  party  members  in 
Manica  province. 

According  to  the  Mozambican  League  of  Human  Rights  (LDH),  in  July  police  were 
responsible  for  the  death  in  police  custody  of  Issufo  Aly  and  Carlos  Cossa,  who  were 
detained  after  trying  to  rob  a  motorist  (see  Section  l.b.).  After  the  LDH  sent  a  letter 
to  Minister  of  the  Interior  Almerino  Manhenje,  the  police  stated  that  they  would  in- 
vestigate the  matter.  Later  police  officials  reported  that  the  two  men  died  in  a  car 
accident  while  trying  to  escape.  Their  bodies  were  not  recovered.  The  LDH  reported 
that  its  investigation  revealed  that  the  two  men  were  shot  and  beaten  to  death  by 
police  in  a  car  in  Matola,  and  that  police  agents  intimidated  and  took  money  from 
Aly's  wife  at  her  home  the  same  night.  Neither  the  police  squadron  commander  nor 
the  Interior  Ministry  provided  further  explanations. 

In  July  the  LDH  reported  that  Mendonca  Rodolfo  died  after  being  beaten  in  a  dis- 
cotheque by  a  police  officer  from  the  Catembe  police  station.  The  case  is  still  under 
investigation. 

In  August  a  press  report  stated  that  police  used  truncheons  to  beat  to  death 
Carlitos  Guambe,  an  alleged  thief,  in  a  Maputo  precinct  police  station,  (government 
officials  have  not  investigated  this  case. 

The  LDH  reported  that  25-year-old  Crescensio  Sergio  Muchange,  an  accused  car 
thief,  was  beaten,  tortured,  and  killed  while  in  police  custody  at  Matola  a  few  days 
after  his  arrest  on  October  13.  Muchange's  family  learned  of  his  death  in  a  radio 
broadcast  and  allowed  the  LDH  to  photograph  his  battered  corpse  at  the  central 
hospital  morgue,  where  police  failed  to  appear  despite  the  League's  appeal.  The  po- 
lice failed  to  report  any  investigation  of  the  case. 

In  January  four  police  officers  arrested  and  charged  with  the  death  of  Frenque 
Tchembene  in  June  1996  were  found  guilty  and  sentenced  to  7  years  in  prison.  The 
tribunal  court  of  the  city  of  Maputo  also  ordered  each  officer  to  pay  approximately 
$390  (39  million  meticais)  to  the  victim's  family.  At  year's  end,  the  victim's  family 
had  not  received  any  money.  The  LDH  reported  that  one  officer  was  later  released 
from  custody  pending  an  appeal,  promoted,  and  transferred  to  another  police  sta- 
tion. Although  in  July  the  Interior  Minister  promised  that  he  would  reverse  the  pro- 
motion, this  did  not  take  place,  and  the  officer  still  works  at  the  police  investiga- 
tions unit  in  Maputo. 

A  policeman  accused  of  killing  a  Spanish  doctor  in  1996  was  found  guilty  of  man- 
slaughter and  sentenced  to  a  year's  imprisonment  in  December.  He  was  also  ordered 
to  pay  an  indemnification  of  about  $390  (39  million  meticais)  in  compensation  to  the 
family  of  the  victim. 

Extremely  harsh  prison  conditions  led  to  the  deaths  of  many  persons  in  custody 
(see  Section  I.e.). 

Mob  and  vigilante  killings  continued  to  be  common.  For  example,  in  August  resi- 
dents of  a  Maputo  suburb  beat  to  death  a  man  accused  of  robbery.  Several  inde- 
pendent press  sources,  as  well  as  the  LDH,  reported  that  villagers  in  Macia  district 
nave  buried  alive  at  least  three  persons  accused  of  theft  or  witchcraft.  According  to 
the  LDH,  Macia  residents  have  also  forced  other  suspected  criminals  to  swallow  bat- 
tery acid.  There  were  reports  during  the  year  that  Regulos  (traditional  chiefs)  and 
Curandeiros  (traditional  healers)  had  imposed  and  carried  out  death  sentences 
against  persons  accused  of  witchcraft,  two  of  the  cases  in  Macia. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
According  to  the  League  of  Human  Rights  and  family  members,  in  July,  Issufo 

Aly  and  Carlos  Cossa  were  last  seen  alive  in  police  custody.  The  LDH  accused  the 
police  of  killing  the  two  men  and  disposing  of  their  bodies.  The  authorities  failed 
to  conduct  a  thorough  investigation,  claiming  that  the  men  died  while  trying  to  es- 
cape. Aly  and  Cossa  remained  missing  at  year's  end. 

According  to  the  LDH,  Abdul  Mota,  a  suspected  car  thief  who  disappeared  in  1996 
after  an  argument  with  an  officer  of  the  paramilitary  "Lightning  Brigade"  died  by 
fire  in  a  mined  area. 


229 

There  reportedly  has  been  no  investigation  into  the  allegation  that  RENAMO 
holds  kidnaped  children  in  Niassa  province. 

The  fate  of  thousands  of  citizens  who  disappeared  during  the  civil  war  still  re- 
mains unresolved. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  expressly  prohibits  torture  and  cruel  or  inhuman  treatment,  but 
the  police  forces  continued  to  commit  serious  abuses.  The  police  often  used  excessive 
force,  and  there  were  continuing  reports  that  police  routinely  beat  and  whipped  de- 
tainees. In  July  Benedito  Zinocacassa,  the  PRM  chief  of  general  staff,  admitted  that 
police  commit  human  rights  abuses  and  violations.  At  a  5-week  police  training 
course  in  February,  district  and  precinct  police  commanders  admitted  that  various 
types  of  crimes  and  corruption  are  committed  by  police  olTicers,  including  rape,  ex- 
tortion, theft,  and  bribe  talcing.  The  Sunday  weekly  paper  Domingo  reported  in  June 
that  a  policeman  in  a  Maputo  suburb  beat  and  kicked  a  pregnant  woman  for  walk- 
ing in  front  of  the  precinct  station.  The  precinct  commander,  Campiao  Faduco,  re- 
ported that  the  officer  had  been  arrested. 

Corruption  in  the  police  forces  extends  throughout  the  ranks,  and  the  PRM  used 
violence  and  detention  to  intimidate  people  from  reporting  abuses.  In  August  during 
a  course  on  human  rights.  Interior  Minister  Almerino  Manhenje  denounced  the  ille- 
gal and  corrupt  practices  of  the  police  force.  In  September  the  daily  Diario  de 
Mocambique  reported  that  a  police  officer  supplied  carjackers  with  arms  for  a  July 
carjacking  incident.  Other  news  sources  reported  similar  cases  of  police  collusion 
with  carjackers.  In  July  1996,  the  Director  of  the  Criminal  Investigation  Police 
(PIC),  Domingos  Maita,  publicly  stated  that  the  police  forces  are  infiltrated  by  crime 
syndicates. 

RENAMO  officials  continued  to  allege  that  on  numerous  occasions  police  har- 
assed, detained,  and  beat  RENAMO  members  (see  Sections  l.d.,  2.b.,  and  3). 

The  vast  majority  of  these  cases  were  never  investigated.  However,  on  occasion 
the  Government  took  action  to  counter  the  abuses  arising  from  police  corruption  and 
excessive  use  of  force.  In  August  Jacinto  Cuna,  spokesperson  for  the  Maputo  city 

f)olice  command,  announced  that  in  an  effort  to  combat  rampant  corruption,  the  po- 
ice  force  had  expelled  46  officers  within  the  past  2  months  for  extortion,  bribe  tak- 
ing, and  drunkenness.  There  were  isolated  instances  of  disciplinary  action  in  other 
parts  of  the  country.  There  were  no  developments  in  the  case  of  the  alleged  police 
torturers  of  the  workers  of  the  Mozambican  National  Airlines  in  1995.  The  trial  has 
been  delayed  twice.  Two  of  the  victims  are  crippled  for  life. 

Police  continue  to  extort  money  from  street  vendors  (predominately  widowed  and 
divorced  women),  beating  them  and  confiscating  their  produce.  Police  also  continued 
to  beat  street  children  (see  Section  5). 

In  May  the  (jovemment  used  force  to  break  up  RENAMO  demonstrations.  Police 
used  tear  gas  and  rubber  bullets  to  disperse  the  crowds. 

In  December  the  Interior  Minister  attacked  the  generalized  misconduct  of  the 
country's  traffic  police,  especially  for  demanding  bribes  from  motorists  on  the 
Ressano  Garcia  highway  and  other  roads.  While  there  were  no  new  reports,  there 
were  credible  1996  reports  that  the  paramilitary  "Lightning  Brigade"  guarding  the 
Ressano  Garcia-Maputo  road  continued  to  beat  and  torture  suspected  car  thieves, 
keeping  them  shackled  for  days  without  due  process. 

There  were  no  reports  of  an  official  investigation  into  the  1996  allegations  made 
by  Tome  Femandes,  a  RENAMO  official,  that  the  police  had  intimidated  RENAMO 
members  in  Cabo  Delgado  province.  As  the  charges  were  made  by  RENAMO,  such 
an  investigation  was  unlikely. 

There  was  no  new  information  available  on  the  status  of  the  criminal  case  against 
"PROTEG,"  a  private  security  force,  for  torturing  an  official  of  the  Commercial  Bank 
of  Mozambique  in  1994;  the  victim  received  indemnification  in  a  civil  trial  in  1996. 

Prison  conditions  throughout  the  country  are  extremely  harsh  and  continued  to 
deteriorate;  they  continued  to  pose  a  severe  threat  to  inmates'  life  and  health.  Sani- 
tary conditions  are  below  minimum  international  standards.  There  is  little  medical 
care  and  insufficient  food.  In  July  Francisco  Macopa,  a  delegate  from  the  Institute 
of  Judicial  Assistance  (IPAJ),  reported  that  authorities  at  the  principal  police  sta- 
tion in  Lichinga,  Niassa  province,  fed  the  prisoners  only  once  a  day.  A  June  repwrt 
by  Radio  Mozambique  indicated  that  authorities  in  the  Maputo  civil  prison  some- 
times feed  the  inmates  only  once  a  day  and  that  48  prisoners  were  suffering  from 
malnutrition. 

In  his  March  State  of  the  Nation  address.  President  Chissano  acknowledged  the 
necessity  of  prison  reform.  The  prisons  remain  severely  overcrowded,  generally  hold- 
ing four  times,  and  in  one  instance,  six  times,  as  many  prisoners  as  they  were  built 
to  nold.  Quelimane  has  406  prisoners  in  a  prison  built  to  hold  90;  Manica  has  900 
in  a  prison  built  to  hold  300;  and  Beira  has  800  in  a  prison  built  to  hold  200. 


230  ' 

Maputo  central  prison  has  1,800  persons  in  a  prison  built  to  hold  800;  Beira  central 
prison  has  532  in  a  prison  built  to  hold  120;  Tete  provincial  prison  has  400  in  a 
prison  built  to  hold  90;  Machava  maximum  security  prison  near  Maputo  has  about 
2,000  prisoners  in  a  facility  built  to  hold  500. 

As  in  1996,  Minister  of  Justice  Jose  Abudo  acknowledged  that  irregularities  and 
abuses  continued  to  take  place  in  prisons  throughout  the  country.  In  July  members 
of  the  Parliamentary  Commission  on  Social  and  Environmental  AfTairs  reported  the 
lack  of  sanitary  conditions  and  overcrowding  in  the  majority  of  Manica  prisons  that 
they  visited.  Trie  deputies  reported  that  most  prisons  lacked  adequate  water  sup- 
plies because  of  burst  pipes.  Nazarinho  Mourinno,  a  Sofala  provincial  attorney,  re- 
ported that  the  prisons  in  the  provincial  capital  of  Beira  do  not  meet  the  minimum 
conditions  for  human  habitation.  In  June  Beira  central  prison  inmates  told  Sofala 
province  Governor  Felisberto  Tomas  that  a  lack  of  proper  medical  care  had  led  to 
outbreaks  of  sexually-  transmitted  and  skin  diseases. 

There  were  many  reports  of  deaths  in  overcrowded  prisons.  For  example,  in  Au- 
gust the  administrative  director  of  the  Nampula  civil  prison  reported  that  the  ex- 
tremely poor  sanitary  conditions  caused  deaths  due  to  aiarrhea  and  tuberculosis.  In 
May  Joaquim  Manuel  reported  that  police  had  imprisoned  him  without  charge  for 
a  month  in  the  Machava  central  prison,  where  he  contracted  tuberculosis  due  to  the 
extremely  unsanitary  conditions.  After  throwing  up  blood  for  6  days,  Manuel  re- 
ported that  the  police  sent  him  to  the  Machava  general  hospital,  but  ordered  him 
to  be  handcuffed  to  his  bed  during  his  3  months  oi  treatment.  He  was  later  released 
from  prison. 

In  order  to  combat  poor  prison  conditions,  the  Ministry  of  Justice  continued  to  ex- 
pand the  food  cultivation  program  it  began  in  1996.  For  example,  the  Tete  provincial 
prison  superintendent,  Marcos  Cumbane,  reported  in  July  that  prisoners  are  able 
to  grow  food  on  a  prison  farm  and  that  they  had  harvested  approximately  20  tons 
of  com  during  the  1996-1997  season.  The  Mozambican  League  of  Human  Rights  re- 
ported that  the  Lichinga  provincial  prison  also  used  prison  farming  to  supplement 
inmates'  diets.  A  January  newspaper  article  reported  that  prison  olncials  at  the  Rex 
prison,  13  kilometers  from  Nampula,  had  instituted  prisoner  farming  in  order  to 
provide  rice,  potatoes,  and  fruits  to  inmates.  The  Ministir  also  attempted  to  in- 
crease the  budgets  of  some  prisons.  For  example,  in  July  the  Director  of  Zambezia 
Central  Prison,  Felix  Nharregulas,  stated  that  the  Zambezia  district  jail  in  Gurue 
received  approximately  $8,500  for  renovations. 

Althougn  the  majority  of  cases  of  abuse  in  prison  are  due  to  overcrowding  and 
lack  of  food  and  medical  attention,  prisoners  continued  to  report  regularly  police 
beatings,  rapes,  and  demands  for  money  in  exchange  for  freedom.  In  June  the 
Mozambican  League  of  Human  Rights  alleged  that  guards  continued  to  torture  in- 
mates in  the  Machava  central  prison.  A  January  press  article  reported  that  guards 
at  Machava  central  prison  demand  money  from  family  members  to  deliver  lood  to 
prisoners  and  threaten  to  keep  prisoners  in  their  cells  with  urine  and  feces  unless 
the  family  members  pay  for  its  removal. 

Many  pretrial  detainees  are  minors  who  are  incarcerated  with  adult  inmates.  For 
example,  in  July  the  Zambezia  provincial  prison  director  reported  that  at  least  50 
male  minors  were  in  the  main  prison,  and  that  all  had  been  there  for  several 
months  without  trial  or  formal  charges  (see  Section  5).  The  League  of  Human 
Rights  stated  that  14-  and  15-year-olds  were  imprisoned  in  the  Machava  central 
maximum  security  prison,  without  being  formally  charged.  Nazarinho  Mourino  re- 
ported that  the  Beira  city  prisons  housed  many  children  under  the  age  of  16.  As 
a  result,  child  molestation  and  other  violence  against  children  were  rampant  in  the 
country's  prisons.  In  June  Justice  Minister  Abudo  acknowledged  that  during  his  vis- 
its to  prisons,  police  were  detaining  minors.  Military  and  civilian  prisoners  are  held 
in  the  same  prisons. 

International  and  national  human  rights  groups  are  given  access  to  prisoners. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  provides  that  the  dura- 
tion of  preventive  imprisonment  be  set  by  law;  however,  the  police  continue  to  arbi- 
trarily arrest  and  detain  citizens.  Under  Law  2/93,  the  maximum  preventive  impris- 
onment is  48  hours.  Within  that  time  period,  a  detainee  has  the  right  to  have  his/ 
her  case  reviewed  by  judicial  authorities,  after  which  he/she  can  be  detained  up  to 
another  60  days  while  the  case  is  investigated  by  the  PIC.  In  cases  where  a  person 
is  accused  of  a  very  serious  crime,  such  as  a  security  offense  or  one  requiring  a  sen- 
tence of  more  than  8  years,  he/she  may  be  detained  up  to  84  days  without  being 
formally  charged.  If  a  court  approves,  such  detainees  may  be  held  for  two  more  peri- 
ods of  84  days  each  while  the  police  complete  the  investigation  process.  In  practice, 
however,  the  authorities  either  are  not  aware  of  these  regulations  or  ignore  these 
rules,  as  well  as  a  detainee's  constitutional  right  to  counsel  and  to  contact  relatives 
or  friends.  For  example,  an  August  30  Noticias  article  reported  that  the  charging 


231 

judge  in  a  narcotics  case  incorrectly  stated  that  the  police  could  detain  a  person  for 
up  to  90  days  before  charges  were  filed.  The  Attorney  General's  office  offered  a  cor- 
rection to  this  misconception  in  a  September  Noticias  article.  Although  Law  19/91 
provides  definitions  of  crimes  against  the  State,  such  as  treason,  terrorism,  and  sab- 
otage, the  Government  retains  the  discretion  to  determine  crimes  that  constitute  se- 
curity offenses. 

The  law  provides  that  if  the  prescribed  period  for  investigation  has  been  com- 
pleted and  no  charges  have  been  brought,  tne  detainee  must  be  released.  In  prac- 
tice, however,  this  law  is  often  ignored,  in  part  because  of  the  severe  lack  of  admin- 
istrative personnel,  trained  judges,  and  sufficient  lawyers  to  monitor  the  judicial 
system  (see  Section  I.e.). 

Most  citizens  are  unaware  of  their  rights,  particularly  those  granted  under  the 
Constitution,  Law  2/93  and  the  Penal  Process  Code,  and  detainees  can  spend  many 
months,  even  years,  in  pretrial  status.  In  August  the  chief  prosecutor  for  the  city 
of  Maputo;  Joao  Julio  Mutisse,  publicly  announced  that  there  were  pretrial  deten- 
tion irregularities  in  Maputo  prisons,  where  prisoners  can  remain  for  more  than  3 
weeks  without  attending  a  hearing  presided  over  by  a  judge.  He  stated  that  in  many 
cases  the  preventive  detention  period  had  expired  without  the  authorities  freeing  or 
charging  tne  detainees,  but  that  this  abuse  was  due  to  a  severe  shortage  of  Qualified 
judicial  authorities  to  review  cases.  In  June  detainees  in  the  Beira  central  prison 
complained  that  most  had  been  in  jail  for  over  6  months  without  a  trial. 

The  bail  system  remains  poorly  defined,  and  prisoners,  their  families,  and  NGO's 
continued  to  complain  that  police  and  prison  officials  often  take  bribes  to  release 
those  who  can  aflbrd  to  pay.  In  an  April  1996  letter  by  a  group  of  inmates  at 
Machava  central  prison  to  a  national  newspaper,  the  prisoners  charged  that  police 
officers  beat  and  tortured  them,  sexually  abused  prisoners  and  their  wives,  and  de- 
manded money  for  food  and  sometimes  freedom.  In  January  several  wives  of  in- 
mates in  the  Machava  central  prison  alleged  that  guards  were  forcing  sexual  favors 
from  them  in  return  for  food  for  their  husbands. 

In  March  the  National  Assembly  passed  a  new  law  that  established  judicial  regu- 
lations regarding  the  trafTicking  and  use  of  narcotics.  The  law  specifies  that  the 
legal  period  of  preventive  detention  in  drug  traflicking  cases  is  10  days.  The  law 
also  authorizes  a  long  period  of  investigation — up  to  9  months — in  cases  involving 
drug  smuggling,  drug  production  and  transfer,  and  criminal  association. 

Authorities  were  unable  to  reduce  the  large  backlog  of  prisoners  awaiting  trial. 
In  May  the  provincial  commander  in  Nampula,  Armando  Ossufo,  admitted  that  the 
overcrowding  in  Nampula  prisons  was  due  to  the  delay  in  court  hearings  for  detain- 
ees in  preventive  detention.  The  Tete  provincial  prison  held  153  detainees  among 
its  400  prisoners,  and  Machava  central  prison  held  31  detainees  among  its  90  pris- 
oners. According  to  the  Mozambican  League  of  Human  Rights,  the  Machava  central 
prison  held  667  detainees  among  its  2,000  prisoners,  its  female  section  held  18  de- 
tainees among  its  30  prisoners.  The  Cuamba  district  prison  held  19  detainees 
among  its  25  prisoners. 

In  July  the  RENAMO  district  representative  in  Murrupula,  Patrico  Jose  Ussene, 
alleged  that  the  district  government  was  persecuting  and  detaining  RENAMO  mem- 
bers. In  August  a  Newsfax  article  reported  that  police  arrested  11  RENAMO  mem- 
bers in  a  Maputo  suburb  for  allegedly  defaming  the  Government.  No  further  infor- 
mation was  available  at  year's  end. 

In  May  the  Government  broke  up  RENAMO  demonstrations  and  police  arrested 
several  demonstrators  (see  Section  2.b.). 

The  Constitution  expressly  prohibits  exile,  and  the  Government  does  not  use  exile 
as  a  form  of  political  control. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  formally  established  an  inde- 
pendent judiciary  and  specifically  states  that  the  decisions  of  the  courts  take  prece- 
dence over  all  other  authorities  and  individuals  and  must  be  obeyed.  Nevertheless, 
the  executive,  and  by  extension  the  FRELIMO  Party,  continued  to  dominate  the  ju- 
diciary. Judges  largely  owed  their  positions  to  the  ruling  FRELIMO  Party,  which 
continued  to  exercise  significant  infiuence  on  all  aspects  of  public  life  through  the 
executive  and  party  organs. 

The  President  appoints  the  President  and  Vice  President  of  the  most  important 
tribunal,  the  Supreme  Court.  The  President  also  appoints  the  Attorney  General. 
These  selections  are  then  sent  to  the  National  Assembly  for  approval.  Although  the 
Supreme  Council  of  Judicial  Magistrates  assembles  a  list  of  Qualified  persons,  the 
President  selects  the  justices  from  the  list.  No  National  Assemoly  approval  is  need- 
ed for  these  choices.  The  National  Assembly  began  to  assert  its  prerogatives  in  the 
judicial  area  when  it  formulated  a  proposal  for  the  combat  of  narcotic  use  and  drug 
trafficking.  This  law  established  strict  guidelines  and  judicial  penalties  for  such  il- 
licit behavior. 


45-909    98-9 


232 

There  are  two  complementary  formal  justice  systems:  The  civil/criminal  system, 
which  includes  customary  courts;  and  the  military.  A  1991  law  empowered  the  Su- 
preme Court  to  administer  the  civil/criminal  system;  it  also  hears  appeals,  including 
military  cases,  although  the  Ministry  of  Defense  administers  the  military  courts. 
Below  the  Supreme  Court  there  are  provincial  and  district  courts.  There  are  also 
special  courts  that  exercise  limited  subject  matter  jurisdiction,  for  example,  adminis- 
trative courts,  customs  courts,  fiscal  courts,  maritime  courts,  and  labor  courts.  Mi- 
nors 16  years  old  and  younger  fall  under  the  jurisdiction  of  a  court  system  for  mi- 
nors. Through  this  legal  channel  the  Government  can  send  minors  to  correctional, 
educational,  or  other  institutions.  The  Penal  Code  contains  legal  guidelines  for  the 
judicial  treatment  of  minors  and  forbids  the  imprisonment  of  minors  below  the  age 
of  20.  However  in  several  instances  (see  Section  l.d.),  credible  reports  indicated  that 
the  judicial  system  had  ordered  the  incarceration  of  minors  in  common  prisons 
throughout  the  country. 

As  with  the  provincial  and  district  courts,  the  specialized  and  minor  court  systems 
are  ineffective  because  they  suffer  from  a  lack  of  qualified  professionals.  Civilians 
are  not  under  the  jurisdiction  of,  or  tried  in,  military  courts.  Local  customary  courts 
handle  matters  such  as  estate  and  divorce  cases. 

Persons  accused  of  crimes  against  the  State  are  tried  in  regular  civilian  courts 
under  standard  criminal  judicial  procedures.  The  Supreme  Court  has  original  juris- 
diction over  members  of  the  National  Assembly  and  anyone  else  who  is  immune 
from  trial  in  the  lower  courts.  The  Constitution  calls  for  the  creation  of  a  constitu- 
tional council,  but  the  Government  has  not  yet  passed  implementing  legislation  for 
this  council.  In  the  absence  of  this  body,  the  Supreme  Court  is  tasked  with  ruling 
on  issues  of  constitutionality. 

A  judge  may  order  a  trial  closed  because  of  national  security  interests  or  to  pro- 
tect the  privacy  of  the  plaintiff  in  cases  concerning  rape. 

In  regular  courts,  all  accused  persons  are  in  theory  presumed  innocent  and  have 
the  right  to  legal  counsel  and  the  right  of  appeal,  but  the  authorities  do  not  always 
respect  these  rights.  The  great  majority  of  the  population  is  either  unaware  of  these 
rights  or  does  not  possess  the  means  to  obtain  any  form  of  legal  counsel.  In  his 
March  State  of  the  Nation  speech,  President  Chissano  acknowledged  that  there  was 
a  shortage  of  qualified  judicial  personnel.  In  1996  Supreme  Court  President  Dr. 
Mario  Mangaze  reported  that  there  was  only  one  licensed  judge  in  Cabo  Delgado, 
Gaza,  and  Zambezia  provinces,  respectively.  He  reported  that  there  were  districts 
with  no  courts  or  judges  at  all;  he  further  acknowledged  that  lack  of  human  and 
financial  resources  and  problems  with  outdated  legislation  impeded  the  judiciary's 
effectiveness.  In  September  Cipriano  Nhane,  the  General  Secretary  of  the  Supreme 
Court,  reported  that  the  judicial  system  lacked  the  means  to  employ  more  mag- 
istrates. He  noted  that  the  shortage  of  personnel  was  causing  an  enormous  backlog 
of  cases.  For  example,  in  Nampula  province,  the  provincial  court  had  one  judge  and 
a  backlog  of  3,655  cases.  The  President  of  the  Supreme  Court  announced  in  Septem- 
ber that  the  court  system  was  unable  to  render  justice,  given  its  severe  shortage 
of  resources.  He  added  that  the  situation  in  the  court  system  and  the  Attorney  Gen- 
eral's offices  was  calamitous. 

The  Government  undertook  several  initiatives  in  order  to  combat  this  shortage. 
In  March  the  Attorney  General's  office  began  a  year-long  training  course  for  30  per- 
sons to  become  district  attorneys.  With  international  financing,  the  Supreme  Court 
established  training  courses  for  judicial  magistrates,  a  3-month  revision  course  for 
licensed  judicial  magistrates,  ana  a  year-long  initial  training  course  for  magistrates, 
both  at  the  district  level.  International  assistance  is  providing  funds  for  the  training 
of  judicial  magistrates  and  legal  cadres  at  all  levels. 

At  the  fifth  ordinary  session  of  the  Judicial  Council,  the  President  of  the  Supreme 
Court  stated  that  there  were  instances  in  which  judicial  personnel  violated  such 
human  rights  as  the  rights  to  a  fair  and  speedy  trial,  to  counsel,  to  humane  treat- 
ment, and  to  equal  protection  of  the  law.  The  Higher  Council  of  the  Judicial  Mag- 
istrate (CSMJ),  the  body  responsible  for  overseeing  professional  behavior  among 
magistrates,  reported  in  September  that  13  out  of  a  total  of  130  judges  were  dis- 
ciplined for  corruption  between  1994  and  1997.  The  report  noted  that  the  actual 
total  could  be  higher,  but  that  there  was  a  lack  of  resources  to  investigate  all  the 
allegations  of  abuse.  Some  of  the  offenses  cited  included  abuse  of  power,  bribe-tak- 
ing, illegal  release  of  prisoners,  and  delaying  of  cases. 


Exacerbating  the  judicial  system's  weakness  is  the  lack  of  licensed  attorneys,  with 
in  the  country  and  the  vast  majc 
fort  to  replace  the  public  organization  previously  responsible  for  providing  counsel 


fewer  than  1.30  in  the  country  and  the  vast  majority  centered  in  Maputo.  In  an  ef- 


for  indigent  defendants,  some  NGO's,  such  as  the  Mozambican  League  of  Human 
Rights  and  the  Association  of  Mozambican  Women  in  Judicial  Careers,  offered  lim- 
ited legal  counsel  at  little  or  no  cost.  In  July  the  LDH  announced  the  deployment 


233 

of  16  paralegals  in  Maputo  and  Nampula  provinces.  These  paralegals  provide  assist- 
ance for  people  in  the  defense  of  their  legal  and  human  rights. 

Despite  the  judicial  system's  infrastructural  and  personnel  weaknesses,  it  has 
begun  to  take  some  initiative.  In  June  the  Attorney  General's  office  requested  hear- 
ings on  three  National  Assembly  deputies,  all  allegedly  involved  in  criminal  activi- 
ties. In  August  the  Assembly's  permanent  commission  granted  this  permission. 

In  February,  after  a  lengthy  investigation,  the  Attorney  General's  office  filed  a 
case  with  the  Supreme  Court  against  tne  presiding  judge  of  the  Manica  provincial 
court.  He  is  accused  of  murdering  his  domestic  servant.  During  the  montn-long  in- 
vestigation, the  judge  continued  to  preside  over  the  Manica  court. 

Efiorts  to  reintegrate  RENAMO-controlled  zones  into  central  administrative  struc- 
tures continued,  but  RENAMO  still  exercised  informal  control  over  a  number  of 
areas  through  a  rudimentary  form  of  civil  administration  and  traditional  courts, 
with  extensive  use  of  traditional  authorities  as  judges.  In  April  a  report  in  Noticias 
alleged  that  local  RENAMO  ofilcials  in  Zitundo,  Matutuine  district,  Maputo  prov- 
ince, were  encouraging  RENAMO  members  to  disregard  local  governmental  institu- 
tions. In  June  the  Government  sent  a  force  of  rapid  intervention  police  to  Maringue, 
one  of  RENAMO's  strongholds  during  the  civil  war,  in  order  to  enforce  local  admin- 
istration. 

In  March  RENAMO  deputies  in  the  National  Assembly  called  for  a  national  truth 
and  reconciliation  commission  to  investigate  all  human  rights  violations  in  the  coun- 
try since  1962.  The  suggestion  led  to  considerable  debate  in  the  Parliament  but  ulti- 
mately was  not  approved. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  right  of  privacy  and  expressly  forbids  the  use  of  sur- 
veillance techniques.  By  law  police  need  a  warrant  to  enter  homes  and  businesses. 
Although  there  are  fewer  reports  of  such  activity,  incidents  of  illegal  telephone  wire- 
tapping bv  government  intelligence  agencies  allegedly  still  occur.  Security  forces 
keep  watch  on  RENAMO  members  and  supporters  and  other  members  of  the  opposi- 
tion. 

In  a  July  session.  Parliament  forced  the  Government  to  withdraw  an  article  from 
the  proposed  law  on  defense  and  security  that  called  for  people  to  collaborate  with 
the  SISE  security  police,  essentially  as  citizen  informants.  The  bill  was  passed  in 
July  without  the  objectionable  provision. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution,  the  1991  Press  Law,  and  the 
1992  Rome  Peace  Accords  provide  for  freedom  of  expression  and  the  press  but  with 
restrictions  in  cases  involving  national  defense  considerations.  Although  there  was 
an  increase  in  criticism  of  Government  policies  and  in  the  number  of  independent 
media  sources,  the  Government  continued  to  restrict  press  freedom.  While  criticism 
of  the  President  is  not  legally  prohibited,  the  1991  Press  Law  holds  that,  in  cases 
of  defamation  against  the  President,  truth  is  not  sulTicient  defense  against  libel.  Al- 
though this  law  has  not  been  tested  in  court,  it  has  resulted  in  considerable  self- 
censorship,  and  there  was  almost  no  direct  criticism  of  the  President.  Some  journal- 
ists faced  legal  action  for  defamation  during  the  year,  but  these  cases  were  based 
on  allegations  that  private  citizens  were  corrupt,  not  on  libel  against  political  fig- 
ures. Journalists  who  criticized  government  oificials  or  policy  were  at  times  sub- 
jected to  threats  and  intimidation. 

Media  reporting  on  parliamentary  debates  and  repeated  delays  in  scheduling  local 
elections  covered  all  political  viewpoints. 

The  Government  continued  largely  to  dominate  the  media,  which  reflected  a  bias 
toward  state  interests.  The  Government  and  state  enterprises  own  the  greater  part 
of  the  country's  media,  including  Mozambique's  two  daily  newspapers,  the  only  Sun- 
day newspaper,  the  only  weekly  news  magazine,  and  the  national  radio  and  tele- 
vision stations.  However,  there  are  also  four  independent  daily  faxed  media,  four 
independent  weekly  news  magazines,  plus  independent  radio  and  television  stations. 
The  Government's  wire  service,  the  Mozambican  News  Agency,  includes  reports 
from  all  independent  media  in  its  daily  English  and  Portuguese  transmittals.  Radio 
Mozambique,  the  public's  most  important  source  of  information,  is  government 
owned,  but  its  news  coverage  is  considered  unbiased  and  fair.  It  receives  the  largest 
single  subsidy  from  the  state  budget  of  any  public  company.  Government  media  are 
showing  greater  transparency  in  reporting  and  some  independence  of  editorial  con- 
tent. The  most  partisan  oi  the  government-controlled  print  media,  the  weekly 
Tempo  magazine,  suspended  printing  early  in  the  year.  Independent  media  outside 
the  two  principal  cities  continue  to  develop,  mostly  with  the  financial  assistance  of 
international  donors. 


234 

Independent  broadcast,  print  and  faxed  media  are  well  established  in  the  capital 
city,  alTbeit  precariously  funded.  One  faxed  news  daily  is  directly  linked  to  the  prin- 
cipal opposition  party,  several  other  independent  faxed  dailies  are  nonpartisan;  one 
faxed  daily  concentrates  on  economic  and  commercial  news.  Two  independent  week- 
ly newspapers  appear  regularly  in  Maputo  and  are  trying  to  improve  their  circula- 
tion outside  the  capital. 

While  the  independent  press  carried  opposition  viewpoints  and  generally  enjoyed 
far  greater  credibility,  its  influence  (and  that  of  the  ofiicial  press  as  well)  is  limited 
largely  to  Maputo  and  the  provincial  capitals  because  of  the  logistical  difficulty  of 
distribution  oi  any  publication  in  rural  areas.  Only  a  small  minority  of  the  popu- 
lation receives  news  through  either  television  or  the  print  media.  Daily  national 
newspaper  sales  average  84,000  in  a  nation  of  15  million  people  mainly  due  to  the 
high  cost  of  newsprint. 

State-funded  Radio  Mozambique  (RM)  is  the  nation's  most  important  source  of  in- 
formation. It  broadcasts  in  Portuguese  and  a  number  of  indigenous  languages;  its 
external  service  broadcasts  in  English  as  well  as  in  Portuguese  for  the  NK)zambican 
community  in  neighboring  South  Africa.  RM  regularly  airs  public  debates  that  in- 
clude a  variety  of  participants  with  differing  opinions.  Voice  of  RENAMO  (VOR) 
signed  an  agreement  with  British  partners  linked  to  British  Greenland  Television 
and  now  operates  as  Radio  Terra  Verde  (RTV).  There  are  also  some  church-spon- 
sored independent  radio  stations  that  now  offer  news  broadcasts. 

Both  the  state  television  station  (TVM)  and  the  independent  channel  RTK  TV 
have  links  with  Portuguese  television  stations.  TVM  broadcasts  live  to  Maputo  and 
retransmits  the  following  day  in  Beira  and  Nampula.  Its  coverage  of  Parliament  and 
politicians  extends  to  both  sides  of  the  aisle. 

The  government-owned  wire  service,  the  Mozambican  News  Agency  (AIM),  pro- 
duces daily  English  and  Portuguese  language  news  summaries  for  export  and  sub- 
scription that  regularly  cite  items  from  the  nonpartisan  independent  as  well  as  the 
government  press  and  radio  services. 

Members  of  the  news  media  perceived  a  government  warning  in  the  form  of  a  re- 
buke by  the  state-controlled  Higher  Council  of  Social  Communication  (CSCS).  The 
CSCS  issued  a  communique  criticizing  some  media  elements  for  unethical  behavior 
in  response  to  two  critical  articles  published  by  the  state  daily  Diario  de 
Mocamoique  and  the  opposition  fax  sheet  Imparcial.  The  articles  complained  about 
government  policy  toward  multinational  corporations  and  supposed  FRELEMO  con- 
trol of  the  journalists'  union,  respectively. 

The  Government's  disinformation  campaigns  against  RENAMO  continued  and 
even  increased  because  of  forthcoming  local  elections. 

Government  domination  of  newspaper  printing  presses  led  to  allegations  of  official 
harassment  of  the  independent  press,  but  there  was  no  evidence  that  this  affected 
publication  or  content  of  the  independent  publications.  Official  harassment  of  the 
independent  press  has  decreased  slightly. 

The  Prime  Minister's  information  office  continues  to  informally  monitor  press  con- 
tent. 

There  are  no  formal  restrictions  on  academic  freedom.  In  practice,  however,  public 
school  teachers  routinely  adhere  to  self-censorship  since  their  employment  depends 
on  the  State.  Private  educational  institutions,  both  church  related  and  secular,  are 
well  established  and  are  continually  expanding  in  several  cities  at  the  secondary 
and  university  level.  Press  reports  on  university  forums  routinely  cite  opinions  from 
public  as  well  as  private  university  students  and  teachers. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly  and  association;  however,  the  Government  limited  this  right  on 
several  occasions.  The  law  regulates  public  demonstrations  and  establishes  the  judi- 
cial regime  for  the  exercise  of  this  right.  The  law  does  not  cover  private  gatherings, 
held  indoors  and  by  individual  invitation,  nor  does  it  cover  religious  gatherings  or 
election  campaigning. 

Although  the  law  permits  the  exercise  of  the  right  to  gather  or  demonstrate  peace- 
fully, it  prevents  full  exercise  of  this  right  through  restrictive  time  limitations.  The 
law  states  that  marches,  parades,  and  processions  can  be  held  on  Saturdays,  Sun- 
days, holidays,  or  between  5:00  p.m.  and  12:30  a.m.  The  law  provides  for  possible 
exceptions  to  this  regulation,  if  justified,  but  such  decisions  are  not  made  in  an  open 
and  established  manner.  Further,  the  law  states  that  any  organizers  of  gatherings 
or  demonstrations  must  submit  a  notice,  with  at  least  10  signatures,  for  the  holding 
of  any  such  demonstration,  along  with  a  justification  of  the  purpose  of  the  gather- 
ing, to  civil  and  police  authorities.  The  law  stipulates  that  the  Government  must 
remit  any  objection  to  such  proposals  within  2  days  of  receiving  the  request,  and 
that  no  reply  within  this  pcrioa  can  be  understood  to  mean  governmental  accept- 
ance. 


235 

In  May  the  Government  forcefully  broke  up  a  series  of  demonstrations  throughout 
the  country  organized  by  RENAMO  provincial  leaders.  In  some  cases,  the  police 
used  tear  gas  and  rubber  bullets  to  break  up  the  crowds.  In  other  cases,  police  ac- 
tion preempted  the  beginning  of  marches.  Press  reports  indicated  that  the  Govern- 
ment used  the  Rapid  Intervention  Police  (PIC),  a  well  trained  and  well  armed  elite 
unit  with  the  PRM,  to  break  up  the  demonstrations.  Some  reports  stated  that  police 
fired  live  rounds  into  the  air,  but  this  was  not  confirmed. 

In  the  various  locations,  police  arrested  several  demonstrators,  including  some  of 
RENAMO's  provincial  and  district  representatives,  as  well  as  one  parliamentary 
deputy.  RENAMO  representatives  stated  that  they  had  filed  their  notifications  in 
a  timely  manner  and  that  the  Government  had  not  expressed  opposition  to  the 

f)lans,  or  had  expressed  opposition  to  the  plans  after  the  2  days  stipulated  in  the 
aw.  Government  ofiicials  insisted  that  RENAMO  organizers  had  not  filed  notifica- 
tions as  required  by  the  law.  In  September  the  Nampula  provincial  court  began  tak- 
ing statements  from  the  15  persons  detained  in  the  May  aemonstration  in  Nampula, 
including  RENAMO's  provmcial  political  official,  Ossufo  Momade.  At  year's  end, 
there  had  been  no  conclusion  to  this  case. 

In  September  the  city  government  of  Maputo  approved  an  application  for  the 
Mozambican  Campaign  Against  Landmines  (CM CM),  an  umbrella  NGO,  to  organize 
a  demonstration  in  front  of  the  U.S.  Embassy  in  Maputo  during  business  hours  on 
a  weekday.  CMCM  organizers  reported  that  they  had  full  government  cooperation 
and  a  police  escort  during  their  demonstration. 

The  law  provides  for  freedom  of  association,  albeit  with  some  limitations.  Legisla- 
tion promulgated  in  1991  sets  forth  the  process  for  the  registration  of  political  par- 
ties. There  are  over  15  registered,  active  political  parties.  Under  1992  legislation, 
a  political  party  must  demonstrate  that  it  has  no  racial,  ethnic,  or  religious  exclu- 
siveness  and  secure  at  least  2,000  signatures  of  citizens  in  order  to  be  recognized 
legally. 

Other  groups  and  associations  continued  to  organize  themselves  or  become  more 
active,  including  three  new  human  rights  groups  (see  Section  4). 

The  Government  requires  nonpolitical  groups,  except  religious  organizations,  to 
register,  but  it  rarely  rejects  applications  from  new  associations. 

c.  Freedom  of  Religion. — The  Constitution  provides  that  all  citizens  have  the  free- 
dom to  practice  or  not  to  practice  a  religion  and  gives  religious  denominations  the 
right  to  pursue  their  religious  aims  freely.  The  Government  respects  these  rights  in 
practice.  The  Grovernment  does  not  require  religious  organizations  or  missionaries 
to  register  and  routinely  grants  visas  to  foreign  missionaries.  The  Constitution  also 
gives  religious  groups  the  right  to  own  and  acquire  assets,  and  these  institutions 
are  allowed  by  law  to  operate  schools. 

Relations  between  the  Government  and  religious  organizations  continued  to  im- 
prove as  the  Government  sought  political  support  from  these  organizations  in  the 
multiparty  system. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  the  right  to  live  anywhere  within  national 
territory  and  to  travel  within  the  country  and  abroad.  The  Government  no  longer 
requires  citizens  to  obtain  permits  from  local  authorities  in  order  to  travel  within 
the  country. 

Security  force  roadblocks  and  patrols  continued  to  afiect  freedom  of  movement. 
Police  harassment  throughout  the  country's  road  network  continued,  with  many  in- 
cidents of  officers  demanding  bribes.  The  police  regularly  stopped  foreign  pedestri- 
ans within  Maputo  city  limits  and  ordered  them  to  present  original  passports.  In 
many  instances,  the  police  would  not  accept  notarized  copies.  (People  do  not  like  to 
carry  the  originals  oi  documents  because  there  is  a  high  risk  they  will  be  stolen.) 
Failure  to  produce  passports  resulted  in  fines.  Confiscating  people's  possessions 
under  flimsy  pretexts  also  continued,  especially  on  the  main  road  to  and  from  the 
South  African  border. 

During  the  year,  Mozambique  began  to  again  play  a  role  as  a  country  of  asylum 
for  refugees  from  nearby  countries.  The  Government  cooperated  with  the  Unitea  Na- 
tions High  Commissioner  for  Refugees  (UNHCR)  and  other  humanitarian  organiza- 
tions in  assisting  refugees,  including  providing  first  asylum. 

In  September,  85  Burundians  sought  refuge  in  Niassa  province,  reportedly  after 
Tanzania  and  Malawi  refused  to  grant  them  refugee  status.  Immigration  officials  in 
Niassa  began  to  move  the  refugees  to  Maputo,  where  refugee  claims  are  processed. 
Similarly,  Tete  city  in  Tete  province  experienced  an  influx  of  refugees,  primarily 
from  Somalia,  the  Democratic  Republic  of  the  Congo,  and  Burundi.  Tete  migration 
director  Jaime  de  Sousa  reported  in  March  that  298  persons  from  Somalia  and  the 
former  Zaire  arrived  in  Tete  via  Zambia  between  January  and  F'ebruary.  By  May 
the  number  had  increased  to  371  persons,  with  242  from  Somalia,  and  92  from  the 


236 

former  Zaire.  De  Sousa  reported  that  most  of  these  persons  had  no  travel  documents 
and  were  attempting  to  reach  South  Africa.  In  July  the  refugee  support  group  direc- 
tor, Fernando  Fazenda,  reported  that  there  were  400  refugees  living  at  tne  Massaca 
II  center  near  Maputo,  a  UNHCR  facility. 

In  June  Minister  of  the  Interior  Almerino  Manhenje  reported  that  some  of  the 
asylum  seekers  from  Burundi,  Somalia,  Rwanda,  and  Liberia  were  in  fact  smugglers 
or  criminals  rather  than  true  political  refugees. 

In  May  the  Catholic  Bishop  of  Tete,  Paulo  Mandlate,  and  the  Episcopal  Commis- 
sion for  Refugees  and  Displaced  People  (CEMIRDE)  reported  that  the  refugees  in 
Tete  province  were  living  under  very  poor  conditions,  with  little  space,  inadequate 
sanitation  facilities,  and  with  a  shortage  of  clothes,  food,  and  tents. 

There  were  no  reports  of  forced  return  of  persons  to  a  country  where  they  feared 
persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  that  citizens  have  the  right  to  elect  their  representa- 
tives by  universal,  direct,  secret,  and  periodic  elections.  In  October  1994,  citizens 
freely  exercised  for  the  first  time  their  right  to  vote  in  multiparty  elections,  which 
United  Nations  and  other  national  and  international  observers  declared  to  be  free 
and  fair.  President  Chissano  was  elected,  with  the  ruling  FRELIMO  Party  winning 
129  of  the  200  National  Assembly  seats.  The  largest  opposition  party,  RENAMO, 
made  a  strong  showing  in  the  elections,  winning  majorities  in  the  country's  five 
most  populous  provinces.  Although  there  is  a  FRELIMO  majority  in  the  Parliament, 
in  the  three  1997  sessions,  the  opposition  parties  succeeded  in  pressuring  the  Gov- 
ernment to  withdraw  several  proposals  for  further  evaluation,  including  in  July  the 
withdrawal  of  a  key  article  in  the  defense  policy  bill. 

These  developments  demonstrated  the  continued  institutional  evolution  of  the 
Parliament.  However,  the  FRELIMO  majority  ensured  that  the  National  Assembly 
did  not  provide  any  significant  check  on  the  power  of  the  executive  branch.  The  ex- 
ecutive continued  to  gain  parliamentary  approval  on  even  the  most  controversial  is- 
sues, such  as  the  revision  of  the  Land  Law. 

The  President  and  the  FRELIMO  leadership  continued  to  control  policymaking 
and  implementation,  and  FRELIMO  members  hold  all  cabinet  positions  and  provin- 
cial governorships,  even  the  governorships  in  provinces  where  RENAMO  had  won 
overwhelming  majorities  in  the  1994  elections.  In  September  President  Chissano  an- 
nounced the  "reassignment"  of  the  governor  of  Cabo  Delgado  province.  No  reasons 
were  given  for  this  removal,  and  no  replacement  was  announcea. 

During  the  year,  there  were  tensions  between  the  Government  and  RENAMO  in 
some  provinces.  In  July  the  Government  sent  over  100  rapid  intervention  police  offi- 
cers to  Maringue,  RENAMO's  former  military  stronghold,  to  ensure  that  the  local 
f[ovemment  ofTicials  there  were  able  to  function  freely.  In  turn,  RENAMO  par- 
iamentarians  complained  of  a  lack  of  support  from  provincial  and  district  ofTicials 
during  visits  to  their  constituencies.  However,  working  relationships  between  the 
parties  at  the  national  and  local  level  appeared  to  improve  late  in  the  year,  and 
there  was  a  reduction  in  the  number  of  areas  where  FRELIMO  administrators  con- 
tinued to  accuse  RENAMO  ofTicials  of  running  parallel  government  structures  and 
harassing  central  government  appointed  ofiicials. 

In  December  1996,  the  National  Assembly  approved  the  Municipalities  Law,  the 
first  in  a  series  of  legislative  measures  governing  local  elections.  In  April  the  Na- 
tional Assembly  passed  the  remaining  pieces  of  legislation,  which  set  local  elections 
for  1997  in  33  of  450  municipalities  throughout  the  country.  The  FRELIMO  majority 
in  Parliament  and  the  Government  stated  that  these  were  the  only  areas  presently 
able  to  sustain  local  governments,  and  in  June  the  Government  announced  that 
local  elections  would  be  held  in  the  33  municipalities  on  December  27.  However,  on 
October  28,  the  Assembly  amended  the  law  to  postpone  the  local  elections,  and  on 
November  12  the  Council  of  Ministers  declared  that  May  29,  1998,  would  be  the 
new  date  for  local  elections.  This  decree  energized  voter  registration  efforts,  which 
began  on  November  10.  There  is  no  schedule  for  elections  in  any  districts  beyond 
the  original  33. 

Although  RENAMO  National  Assembly  deputies  voted  against  the  proposal  for 
elections  in  just  33  localities,  by  year's  end  they  had  accepted  the  concept  of  grad- 
ualism. 

While  there  are  no  legal  restrictions  hindering  women's  involvement  in  govern- 
ment, cultural  factors  inhibit  their  political  advancement.  In  March  Presidential 
Minister  for  Social  and  Economic  Affairs  Eneas  Comichc  reported  that  women  are 
excluded  from  institutions  of  governance  and  power.  Nonetheless,  62  of  the  250  (28 
percent)  National  Assembly  deputies  are  women,  even  though  these  female  deputies 


237 

are  not  believed  to  play  a  significant  role  in  either  the  Parliament's  or  the  individual 
parties'  decisionmating.  In  April  President  Chissano  ordered  the  resignation  of  the 
only  woman  in  his  Cabinet,  Minister  for  Social  Action  Coordination  Alcinda  Abreu. 
There  are  five  female  vice  ministers. 

In  May  at  FRELIMO's  Seventh  Party  Congress,  party  leaders  mandated  that  at 
least  30  percent  of  the  two  FRELEMO  governing  bodies  must  be  female.  The  Politi- 
cal Commission  met  this  mandate,  however,  the  Central  Committee  fell  just  short, 
with  28.2  percent. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  no  legal  obstacles  to  the  formation  of  local  human  rights  groiops.  During 
the  year,  several  new  human  rights  groups  were  established:  Human  Rights  and 
Development  (DHD),  the  Center  for  Democratic  Services  and  Human  Rights,  and  a 
democracy  institute.  Foro  Mulher,  the  umbrella  women's  NGO  group,  continued  its 
activities,  which  included  the  publication  of  periodic  newsletters.  The  Mozambican 
League  of  Human  Rights  (LHR)  reported  that  its  legal  office's  caseload  had  in- 
creased to  556  complaints  of  human  rights  violations  in  1996.  Among  the  complaints 
were  homicides,  allegedly  by  the  police,  and  domestic  violence,  labor  disputes,  and 
land  conflicts  that  were  not  investigated  or  adjudicated.  In  August  the  DHD  orga- 
nized and  launched  a  campaign  to  commemorate  the  50th  anniversary  of  the  Uni- 
versal Declaration  of  Human  Rights.  The  LHR  has  focused  efforts  on  educating  the 
public  regarding  its  rights.  It  uncovered  many  of  the  grave  abuses  within  the  prison 
system.  The  Government  has  permitted  the  League  access  to  Maputo  and  Nampula 
prisons  under  the  jurisdiction  of  the  Ministry  of  Justice.  The  League  also  publicly 
criticized  widespread  abusive  behavior  by  the  police  and  sent  a  letter  to  the  Minister 
of  Interior  regarding  the  disappearance  of  Carlos  Cossa  and  Issufo  Aly  (see  Section 
Lb.). 

DHD  held  a  workshop  in  August  for  the  PRM  to  demonstrate  to  officers  the  im- 
portance of  human  rights.  Follow-on  seminars  for  the  police  forces  throughout  the 
country  were  planned. 

The  Government  has  been  receptive  to  visits  by  international  human  rights  mon- 
itoring groups,  including  the  International  Committee  of  the  Red  Cross  and  the 
International  Commission  of  Jurists. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  forbids  discrimination  based  on  race,  sex,  religion,  or  disability, 
but  the  Government  does  not  ensure  in  practice  that  such  discrimination  does  not 
occur. 

Women. — Although  ofllcial  statistics  are  not  kept,  according  to  health  ofTicials, 
women's  groups,  and  other  sources,  violence  against  women — particularly  beating 
and  rape — is  widespread,  especially  in  rural  areas.  Many  women  believe  that  their 
spouses  have  the  right  to  beat  them,  and  cultural  pressures  make  it  highly  unlikely 
for  most  women  to  press  for  legal  action  against  abusive  spouses.  However,  the 
Mozambican  League  of  Human  Rights  reported  a  total  of  97  complaints  of  domestic 
violence  in  1996,  which  was  significantly  more  than  the  year  oefore.  A  group  of 
women  NGO's,  including  Women  in  Law  and  Development  (MULEIDE), 
Mozambican  Women  in  Education  (AMME),  and  the  Mozambican  Women's  Organi- 
zation (OMM),  organized  a  1997  campaign  entitled  "Everybody  Against  Violence." 
In  July  Ana  Piedade  Monteiro,  the  campaign's  coordinator  for  MULEIDE,  stated 
that  as  a  result  of  the  campaign  MULEIDE  received  36  complaints  of  domestic  vio- 
lence between  January  and  June. 

Although  there  is  an  increased  awareness  and  reporting  of  domestic  violence,  in 
most  parts  of  society  such  violence  continued.  MULEIDE  reported  that  the  vast  ma- 
jority of  its  domestic  violence  complaints  consisted  of  sexual  assault  by  men  against 
women  and  children.  WTiile  rape  can  be  prosecuted  in  the  courts,  there  is  no  civil 
law  that  defines  domestic  violence  as  a  crime.  The  police  do  not  normally  intervene 
in  domestic  disputes.  Cases  that  do  reach  the  courts  deal  with  specific  charges  such 
as  rape,  battery,  and  assault.  When  victims  of  physical  abuse  are  brought  to  the 
hospital,  such  cases  are  rarely  registered  as  caused  by  domestic  violence. 

Despite  constitutional  protections  providing  for  the  equality  of  men  and  women 
under  law  in  all  aspects  of  political,  economic,  social,  and  cultural  life,  civil  and  com- 
mercial legal  codes  that  predate  independence  freauently  contradict  each  other  and 
the  Constitution.  Under  the  Law  of  the  Family  (tnrough  both  court  interpretation 
and  precedent),  the  husband  (or  father)  is  the  head  of  the  household,  and  women 
(both  wives  and  daughters),  must  ensure  male  approval  of  any  and  all  undertakings 
that  women  assume.  For  example,  in  order  to  start  a  business,  a  woman  must  first 


238 

have  the  written  approval  of  her  husband  or  father  (or  closest  male  relative).  With- 
out this  approval,  a  woman  is  unable  to  lease  a  building,  obtain  a  loan,  or  contract 
for  goods  and  services.  The  legal  domicile  of  a  married  woman  is  her  husband's 
house,  and  she  may  work  outside  the  home  only  with  the  express  consent  of  her 
husband. 

Family  law  dictates  that  a  couple's  possessions  belong  to  the  husband,  and  he  has 
full  authority  to  decide  on  the  disposition  of  these  goods.  Upon  the  death  of  a  hus- 
band, a  widow  is  only  fourth  in  line  (after  sons,  fathers,  and  brothers)  for  inherit- 
ance of  the  household  goods.  Although  the  law  states  that  the  widow  is  entitled  to 
half  of  the  goods  acquired  during  the  marriage,  in  practice  women  rarely  know  of 
or  insist  upon  this  right. 

Women's  groups  continued  to  argue  that  the  Constitution  discriminates  against 
women  because  it  grants  Mozambican  citizenship  to  the  foreign  wife  of  a 
Mozambican  man,  but  not  to  the  foreign  husband  of  a  Mozambican  woman. 

Customary  law  or  traditional  law  ofTers  women  even  fewer  protections  than  family 
law.  Unless  a  marriage  is  registered,  a  woman  has  no  recourse  to  the  judicial 
branch  for  enforcement  of  the  few  rights  provided  to  women  by  the  civil  codes.  Al- 
though women  are  the  primary  cultivators  of  family  land  in  rural  areas,  under  cus- 
tomary law  they  have  no  rights  to  the  disposition  of  the  land. 

Women  constitute  51.5  percent  of  the  population  and  are  responsible  for  52.4  per- 
cent of  active  economic  production.  Of  this  52.4  percent,  according  to  the  latest 
available  data,  91.8  percent  are  in  the  agro-fisheries  sector.  Women  constitute  69.6 
percent  of  the  illiterate  population. 

Women  continued  to  experience  economic  discrimination  in  practice.  In  March 
Presidential  Minister  for  Social  and  Economic  Affairs  Eneas  Comiche  reported  that 
in  the  workplace  women  receive  lower  pay  than  men  in  the  same  positions.  In  Feb- 
ruary the  Secretary  General  of  the  National  Union  of  Chemical,  Rubber  and  Print- 
ing Workers  (SINTIQUIGRA),  Joaquim  Fanheiro,  stated  that  women  are  first  in 
line  in  cases  of  layoffs.  He  reported  that  the  number  of  local  women's  committees 
in  his  union  had  declined  from  71  in  1994  to  57  in  1997  due  to  the  reduction  in 
the  number  of  female  workers  caused  by  retrenchment. 

Although  the  Labor  Law  entitles  a  woman  to  60  days  of  maternity  leave,  employ- 
ers often  violate  this  right  especially  in  cases  of  stillbirth.  Sexual  harassment  is  also 
widespread.  In  July  one  of  Maputo's  assistant  district  attorneys  reported  that  it  was 
common  for  employers  to  force  female  workers  into  having  sexual  relations  with 
them. 

The  revised  Land  Law,  passed  by  the  National  Assembly  in  July,  included  specific 
articles  ensuring  the  rights  of  land  tenure  for  women. 

Women  continued  to  have  less  access  than  men  to  educational  institutions  above 
the  primary  level.  Although  roughly  equal  proportions  of  male  and  female  children 
enter  primary  school,  by  secondary  school  only  36  percent  of  students  are  female, 
and  by  technical  or  higher  levels,  only  20  percent  are  female.  Discrimination  against 
women  is  most  apparent  in  rural  areas  where  over  80  percent  of  the  population  live, 
and  where  women  are  engaged  mainly  in  subsistence  farming  and  child  rearing, 
with  little  opportunity  for  schooling  or  access  to  health  care. 

Women's  NGO's  continued  to  be  very  active  in  their  efforts  to  highlight  a  variety 
of  women's  issues,  including  domestic  violence,  legal  inequities,  and  economic 
empowerment.  For  example,  women  NGO's  were  active  in  lobbying  for  inclusion  of 
articles  protecting  women's  land  tenure  rights  in  the  new  Land  Law.  Although  these 
groups  have  organized  successful  programs,  their  effectiveness  is  often  limited  be- 
cause the  programs  are  concentrated  in  Maputo  or  other  urban  areas  while  the  vast 
majority  of  women  live  in  the  rural  areas. 

The  Ministry  of  Education  implemented  a  project  for  educating  girls,  with  pilot 
programs  in  two  districts  in  eacn  province.  The  mortality  rate  for  children  under 
the  age  of  5  is  200  per  1,000,  and  in  the  health  sector  the  Government  targeted  ma- 
ternity and  infant  health  and  focused  on  immunizations  for  fertile  women. 

In  December  1995,  the  Government  formed  the  Operative  Group,  a  group  compris- 
ing representatives  from  the  12  ministries  and  NGO's.  The  Government  tasked  this 
group  with  the  implementation  of  the  platform  of  action  from  the  1995  U.N.  Fourth 
World  Conference  on  Women  in  Beijing.  In  August  the  Government  launched  its 
post-Beijing  Plan  of  Action  1997-2000.  Among  its  objectives  are  50  percent  rep- 
resentation of  women  in  Parliament,  40  percent  in  government  bodies,  and  30  per- 
cent in  local  governments.  The  Government  also  announced  that  it  would  ratify 
international  conventions  regarding  women. 

In  September  F'oro  Mulher,  an  umbrella  for  women's  NGO's,  comprising  approxi- 
mately 21  registered  members,  organized  a  regional  post-Beijing  Conference,  a  fol- 
low-up to  the  national  conference  held  in  Maputo  in  1996. 


239 

Children. — The  Government  has  not  made  children's  rights  and  welfare  a  priority, 
but  admits  that  some  children  are  in  trouble.  The  educational  system  is  over- 
crowded and  corrupt.  It  is  widely  reported  that  school  children  (or  their  parents) 
must  bribe  teachers  for  passing  grades.  Tne  National  Institute  of  Educational  Devel- 
opment estimates  that  about  60  percent  of  the  children  over  the  age  of  6  are  in 
school,  but  that  because  of  population  growth,  the  percentage  of  children  in  school 
is  now  decreasing. 

In  June  the  Ministry  of  Social  Action  Coordination  reported  that  there  were  4,000 
registered  street  children,  1,050  in  Maputo  alone,  receiving  assistance  from  a  vari- 
ety of  NGO's,  such  as  Friends  of  Children  and  the  World  Medical  Organization. 
However,  while  the  Ministry  acknowledged  that  the  number  of  actual  street  chil- 
dren far  exceeded  the  number  registered,  it  said  that  it  had  no  concrete  figures. 

The  Government  has  made  little  attempt  to  alleviate  the  plight  of  the  increasing 
number  of  urban  street  children,  many  of  whom  were  orphaned  by  the  war.  In 
March  Minister  of  Health,  Dr.  Aurelio  Zilhao  reported  that  300,000  children  trau- 
matized by  the  war  reauire  social  reintegration.  Police  beat  street  children;  street 
children  also  are  sexually  abused.  In  January  1996,  a  credible  press  article  reported 
that  police  in  Maputo  imprisoned  a  15-year-old  child  for  9  days  with  no  recourse 
to  justice  for  allegedly  stealing  a  tape  cassette.  The  police  allegedly  gave  the  child 
12  lashes  before  releasing  him.  In  February  1996,  a  parliamentary  deputy  discov- 
ered five  street  children  detained  in  a  Montepuez,  Cabo  Delgado  prison,  mimerous 
reports  during  the  year  indicated  that  children  are  held  in  many  prisons  throughout 
the  country,  contrary  to  the  law  (see  Section  I.e.). 

In  November  National  Assembly  delegates  questioned  Mateus  Katupha,  Minister 
of  Culture,  Youth  and  Sport,  on  plans  to  improve  the  situation  of  young 
Mozambicans.  The  Minister  dealt  mostly  with  the  problem  of  child  prostitution,  and 
he  announced  an  imminent  crackdown  on  child  brothels,  pornography,  and  pimps 
in  Maputo. 

Street  children  are  beaten  by  police  and  are  often  victims  of  sexual  abuse.  In  Au- 
gust the  Sofala  provincial  director  for  the  Ministry  of  Social  Action,  Antonia  Charre, 
reported  that  the  rights  of  children  were  often  ignored  in  the  province.  In  Tete  prov- 
ince, an  official  of  the  Ministry  of  Social  Action  reported  in  August  that  30  girls  and 
2  boys  were  undergoing  treatment  for  abuses  due  to  child  prostitution.  The  Govern- 
ment formed  a  provincial  task  force  composed  of  representatives  from  five  organiza- 
tions, including  three  ministries  and  the  Mozambican  Youth  Association,  in  order 
to  investigate  these  incidents.  No  report  of  the  investigation  had  been  released  by 
year's  end. 

In  September  the  daily  Diario  de  Mocambique  reported  that  children  are  often 
used  as  bargaining  chips  to  settle  financial  and  other  disputes  in  rural  areas.  Ac- 
cording to  Domingos  do  Rosario,  a  sociologist  with  the  Cultural  Patrimony  Depart- 
ment, children  are  sometimes  used  as  labor  to  settle  outstanding  economic  accounts 
in  rural  areas. 

People  With  Disabilities. — Although  the  Constitution  expressly  states  that  "dis- 
abled citizens  shall  enjoy  fully  the  rights  enshrined  in  the  Constitution,"  the  Gov- 
ernment provided  few  resources  to  make  this  a  reality.  In  September  Vice  Minister 
for  Social  Welfare  Filipe  Mandlate  acknowledged  that  discrimination  against  the 
disabled  exists.  The  Welfare  Ministry  assisted  775  disabled  people  countrywide 
through  the  Community-based  Assistance  Program,  (Attendimento  Baseado  na 
Comunidade)  launched  in  1993.  The  program  provided  individual  assistance  to  the 
disabled  and  their  families  and  promoted  preschool  integration  of  disabled  children. 

The  (government  has  largely  relied  on  NGO's  to  assist  the  disabled.  Founded  in 
1991,  the  Association  of  Mozambican  Disabled  (ADEMO)  addresses  the  social  and 
economic  needs  of  the  disabled.  Since  then,  smaller  NGO's  have  formed,  such  as  the 
Association  of  Handicapped  Military  and  Paramilitary  Mozambicans  (ADEMINO), 
which  represents  disabled  demobilized  soldiers,  and  the  Association  of  Blind  and 
Visually  Impaired  Mozambicans  (ACAMO).  Early  in  the  year,  ACAMO  initiated  a 
program  to  create  two  artisan  cooperatives  employing  blind  workers.  In  November 
a  new  organization  for  hearing  impaired  people  began  to  form  in  the  northern  city 
of  Pemba.  One  of  its  first  goals  will  be  to  standardize  sign  language  for  use  in  Mo- 
zambique to  improve  communication  and  employablity.  Although  poorly  funded, 
these  groups  provide  training,  raise  public  awareness  of  the  need  to  integrate  the 
disabled  into  society,  and  lobby  the  Ministry  of  Labor  to  initiate  legislation  to  sup- 
port the  working  rights  of  the  disabled.  In  May  1996  ADEMIMO  charged  that  the 
Government  had  not  yet  authorized  medical  pensions  for  disabled  soldiers.  Also  in 
May  1996,  the  press  reported  that  more  than  9,000  disabled  former  military  person- 
nel in  Sofala  province  were  living  in  dire  conditions  due  to  the  Ministry  of  Planning 
and  Finance's  refusal  to  institute  disability  pensions.  In  December,  on  the  occasion 
of  World  Disabled  Persons  Day,  the  state-controlled  daily  Noticias  reported  that 


240 

ADEMIMO  members  in  Sofala  province  again  accused  high  government  officials  of 
robbing  their  pensions. 

The  only  provisions  that  the  Government  has  enacted  for  accessibility  to  buildings 
and  transportation  for  the  disabled  were  in  the  electoral  law  governing  the  country  s 
first  multiparty  elections,  which  addressed  the  needs  of  disabled  voters  in  the  poll- 
ing booths.  No  special  access  facilities  exist. 

[Rational  I  Racial  I  Ethnic  Minorities. — There  was  no  systematic  persecution  or  dis- 
crimination on  the  basis  of  race  or  ethnicity,  although  the  FRELIMO  Government 
has  traditionally  included  at  all  levels  a  disproportionate  number  of  southerners, 
mostly  from  the  Shangaan  ethnic  group.  However,  the  Government  took  some  steps 
to  address  this  imbalance  by  appointing  provincial  governors  native  to  their  respec- 
tive provinces.  The  Government  also  included  more  persons  originally  from  the 
northern  part  of  the  country. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  specifies  that  all  workers  are  free 
to  join  or  refrain  from  joining  a  trade  union.  The  1991  Labor  Law  further  protects 
workers'  right  to  organize  and  to  engage  in  union  activity  at  their  place  of  employ- 
ment. The  legislation  gave  existing  unions  the  right  to  register  independently  from 
the  Organization  of  Mozambican  Workers  (OTM). 

Until  1992  the  only  trade  union  federation  was  the  OTM,  which  was  alTiliated 
with,  and  dominated  by,  the  FRELIMO  party.  Afler  passage  of  the  1991  legislation, 
three  unions  broke  away  from  the  OTM  in  1992,  and  by  1994  had  formed  their  own 
central  union,  the  Free  and  Independent  Union  of  Mozambique  (SLIM).  The  SLIM 
maintains  a  working  relationship  with  the  OTM.  The  SLIM  claims  60  percent  work- 
er affiliation  within  its  constituent  unions,  while  the  OTM  claims  67  percent. 

In  May  1994,  the  OTM  declared  itself  free  of  commitments  to  any  political  party, 
companies,  or  religious  groups  and  ruled  that  members  affiliated  witn  any  political 
party  could  not  hold  elected  union  offices.  Independent  unions  continue  to  charge 
that  the  OTM  lacks  independence  from  the  Government. 

The  Constitution  explicitly  provides  for  the  right  to  strike,  with  the  exception  of 
civil  servants,  police,  military  personnel,  and  other  essential  services  (which  include 
sanitation,  firefighting,  air  traffic  control,  health  care,  water,  electricity,  fuel,  post 
office,  and  telecommunications).  Throughout  the  year  there  were  sporadic  strikes 
around  the  country.  Workers'  demands  usually  centered  on  the  issues  of  salary  ar- 
rears or  increases  in  wage  levels.  In  July  workers  at  the  Maputo  textile  factory 
TEXLUM  briefly  detained  the  factory  manager  and  four  other  persons  because  of 
delays  in  paying  the  wages  for  July.  In  March  workers  protesting  salary  arrears  and 
the  dismissal  of  71  employees  went  on  strike  for  several  weeks  at  the  Angocaju 
cashew  factory  in  Nampula,  also  detaining  the  factory  manager.  In  the  last  quarter 
of  the  year,  employees  struck  for  back  wages  at  an  appliance  manufacturer  in 
Machava  and  a  furniture  factory  in  Maputo,  as  well  as  at  shipyards  in  Beira  and 
Maputo.  Concern  over  worker  safety  sparked  a  strike  at  Matola's  Tudor  Battery  fa- 
cility. Agricultural  workers  at  the  newly  privatized  Citrus  Maputo  in  Moamba 
struck  to  demand  that  the  State  repossess  the  firm,  which  had  not  yet  defined  new 
conditions  of  employment.  In  December  scores  of  casual  workers  from  Maputo  port 
savagely  beat  a  director  of  the  Mozambique  Rail  and  Port  company  over  its  refusal 
to  pay  a  new  year  bonus. 

The  1991  Labor  Law  forbids  retribution  against  strikers,  the  hiring  of  substitute 
workers,  and  lockouts  by  employers.  There  were  no  known  instances  of  employer 
retribution  against  striking  workers.  Specific  labor  disputes  are  generally  arbitrated 
through  ad  hoc  workers'  conunittees,  formally  recognized  by  the  Government. 

The  Constitution  and  labor  legislation  give  unions  the  right  to  join  and  participate 
in  international  bodies.  The  OTM  is  a  member  of  the  Organization  of  African  Trade 
Union  Unity  and  the  Southern  African  Trade  Union  Coordinating  Council. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Law  protects  the 
right  of  workers  to  organize  and  engage  in  collective  bargaining.  It  expressly  pro- 
hibits discrimination  against  organized  labor.  In  1991  the  Government  decreed  that 
it  would  no  longer  set  all  salary  levels.  Negotiation  of  wage  increases  was  left  in 
the  hands  of  existing  unions.  The  Consultative  Commission  on  Labor,  which  com- 
prises the  unions,  employers'  associations,  and  the  Government,  has  met  periodi- 
cally to  negotiate  increases  in  the  minimum  wage.  In  November  Parliament  began 
a  debate  on  the  proposed  revision  of  Mozambique's  labur  law,  which  would  include 
important  changes  in  wage  and  benefit  provisions,  women's  rights  in  the  workplace, 
sexual  harassment  standards,  the  relationship  between  employers  and  workers,  and 
the  financing  of  labor  unions.  Although  the  law  was  approved  in  its  general  form, 
debate  and  final  voting  on  the  details  of  the  drafl  bill  were  suspended  until  the  par- 
liamentary session  in  February  1998  to  allow  a  full  discussion  of  all  provisions. 


241 

Legislation  provides  for  the  creation  of  export  processing  zones;  however,  no  firms 
have  yet  begun  production. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor  is  pro- 
hibited by  law.  The  law  does  not  specifically  prohibit  forced  and  bonded  labor  by 
children,  and  such  practices  are  known  to  occur.  Children  in  rural  areas  are  some- 
times used  as  labor  to  settle  economic  accounts  (see  Section  5). 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Child 
labor  is  regulated  by  the  Ministry  of  Labor,  although  there  are  no  specific  child 
labor  statutes.  Forced  labor  by  children  is  not  specifically  prohibited,  but  such  prac- 
tices are  known  to  occur  in  rural  areas  (see  Section  6.c.). 

In  the  wage  economy,  the  minimum  working  age  is  18  years.  Children  between 
the  ages  of  15  and  18  may  work  with  the  permission  of  their  parents  and  the  Min- 
istry of  Education.  Children  younger  than  age  15  are  not  permitted  to  work.  The 
minimum  wage  laws  apply  to  children  and  the  maximum  work  week  for  children 
is  38  hours  (compared  with  44  for  adults). 

Because  of  high  adult  unemployment,  estimated  at  around  50  percent,  few  chil- 
dren are  employed  in  regular  wage  positions.  However,  children,  including  those 
under  age  15,  commonly  work  on  family  farms  or  in  the  urban  informal  sector, 
where  they  perform  such  tasks  as  guarding  cars,  collecting  scrap  metal,  or  selling 
trinkets  and  food  in  the  streets.  The  informal  labor  sector  is  unregulated.  The  Gov- 
ernment has  not  focused  on  the  issue  of  child  labor;  it  has  focused  on  the  children 
orphaned  and  traumatized  by  the  war.  Children  are  also  employed  in  domestic  posi- 
tions. 

Primary  education  is  not  compulsory,  and  only  60  percent  of  school-age  children 
attend  classes.  Children  not  in  school  are  frequently  employed  in  the  agricultural 
and  informal  sectors. 

e.  Acceptable  Conditions  of  Wor^.— The  industrial  minimum  wage  is  about  $27 
(311,795  meticais)  per  month  which  is  set  by  ministerial  decree,  although  the  level 
is  recommended  through  an  administrative  process.  There  is  also  an  agricultural 
minimum  wage  of  about  $18  (209,960  meticais)  per  month,  which  is  set  by  ministe- 
rial decree  after  informal  consultation  with  agricultural  unions.  The  minimum  wage 
is  not  considered  sufficient  to  provide  a  decent  standard  of  living  for  an  average 
urban  worker  and  family,  and  many  workers  must  turn  to  a  second  job,  if  available, 
as  well  as  work  garden  plots  to  survive. 

The  Ministry  of  Labor  is  responsible  for  enforcing  the  minimum  wage  rates  in  the 
private  sector,  and  the  Ministry  of  Finance  in  the  public  sector.  Violations  of  mini- 
mum wage  rates  are  usually  investigated  only  after  workers  register  a  complaint. 
It  is  customary  for  workers  to  receive  benefits  such  as  transportation  and  food. 

The  standard  legal  workweek  is  44  hours,  with  a  weekly  24  hour  rest  period  stip- 
ulated. In  the  small  modern  sector,  the  Government  has  enacted  health  and  envi- 
ronmental laws  to  protect  workers.  However,  the  Ministry  of  Labor  enforces  these 
laws  inefTectively,  and  the  Government  has  only  occasionally  closed  firms  for  non- 
compliance. In  May  the  General  Labor  Inspector  reported  that  there  continue  to  be 
significant  violations  of  labor  legislation  in  many  companies  and  services.  The  report 
also  indicated  that  there  were  459  workplace  accidents  in  1996,  resulting  in  5 
deaths.  Workers  have  the  right  to  remove  themselves  from  work  situations  that  en- 
danger their  health  or  safety  without  jeopardy  to  their  continued  employment. 


NAMIBIA 

Namibia  is  a  multiparty,  multiracial  democracy  with  an  independent  judiciary. 
President  Sam  Nujoma,  leader  of  the  South  West  Africa  People's  Organization 
(SWAPO),  won  Namibia's  first  free  elections  in  November  1989.  President  Nujoma 
and  the  SWAPO  party  received  just  over  70  percent  of  the  vote  in  the  December 
1994  Presidential  and  National  Assembly  elections,  which,  despite  some  irregular- 
ities, were  generally  regarded  as  free  and  fair.  Although  the  Constitution  limits  the 
President  to  two  terms  in  office,  in  May  the  SWAPO  party  congress  recommended 
that  the  Constitution  be  amended  to  permit  President  Nujoma  to  run  for  a  third 
term  in  1999. 

The  f)olice,  supervised  by  the  Ministry  of  Home  Affairs,  and  the  Namibian  De- 
fense Force  (NDF),  supervised  by  the  Ministry  of  Defense,  share  responsibility  for 
internal  security.  The  civilian  authorities  maintain  effective  control  over  the  secu- 
rity forces,  although  members  of  the  police  force  committed  some  human  rights 
abuses. 

Namibia's  modem  market  sector  produces  most  of  its  wealth,  while  a  traditional 
subsistence  agricultural  sector  (mainly  in  the  north)  supports  most  of  its  labor  force. 


242 

The  principal  exports  are  diamonds  and  other  minerals,  cattle,  and  fish.  Mining, 
ranching,  and  fishing — the  mainstays  of  the  market  sector — are  still  largely  con- 
trolled by  white  Namibians  and  foreign  interests.  Government  policy,  however,  is  to 
"Namibianize"  the  increasingly  important  fishing  sector,  so  that  more  indigenous 
entrepreneurs  are  able  to  participate,  and  to  provide  opportunities  for  black 
Namibians  in  the  potentially  lucrative  and  labor-intensive  tourism  industry.  Per 
capita  annual  gross  domestic  product  is  $1,860.  There  remains,  however,  a  wide  dis- 
parity between  income  levels  of  blacks  and  whites.  Whites  have  an  average  per  cap- 
ita income  of  $14,000  a  year  and  many  of  the  poorest  blacks  earn  just  $65  a  year. 
The  Government  generally  respected  the  human  rights  of  its  citizens,  although 
there  were  problems  in  several  areas.  There  continued  to  be  credible  reports  that 

Police  beat  or  otherwise  abused  criminal  suspects.  Using  an  apartheid-era  law,  the 
resident  attempted  to  ban  public  demonstrations  that  did  not  have  prior  police  ap- 
proval. Police  in  the  north  broke  up  a  private  meeting  between  attorneys  and  their 
ethnic  minority  clients.  The  ruling  party  voted  to  amend  the  local  election  law  in 
a  manner  that  favored  the  ruling  party's  chances  in  local  elections.  In  addition,  the 
President  and  other  high  government  and  ruling  party  officials  made  repeated,  well- 
publicized  verbal  attacks  on  the  independent  press.  The  Government  rejected  a  re- 
quest by  the  South  African  Truth  and  Reconciliation  Commission  to  hold  hearings 
in  Namibia  and  still  refuses  to  provide  a  full  accounting  of  missing  detainees  who 
were  in  SWAPO  cam.ps  before  independence.  Namibian  defense  forces  admitted  to 
seven  cases  of  extrajudicial  killings  since  1994  along  the  northern  border  with  An- 
gola. Prison  conditions  remain  harsh,  and  a  large  court  backlog  continues  to  lead 
to  lengthy  delays  of  trials. 

Although  violence  against  women  and  children,  including  rape  and  child  abuse, 
continue  to  be  serious  problems,  the  President,  members  of  his  Cabinet,  and  par- 
liamentarians have  spoken  out  forcefully  on  these  problems  which  are  receiving  sig- 
nificant attention  at  all  levels  of  government.  Women  married  under  customary  law, 
however,  continue  to  experience  serious  legal  and  cultural  discrimination.  Relatively 
little  has  been  done  to  elevate  women  to  high-level  positions  in  government  and  the 
ruling  party  despite  promises  by  the  President  to  nominate  more  women.  Racial  and 
ethnic  discrimination  and  glaring  disparities  — especially  in  education,  health,  em- 
ployment, and  working  conditions — continued  despite  sustained  efforts  by  the  Gov- 
ernment to  reduce  them.  Discrimination  against  indigenous  people  persists,  and  the 
groblem  was  exacerbated  during  the  year  by  governmental  actions  involving 
ushmen. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

After  repeated  prodding  by  a  local  nongovernmental  organization  (NGO),  in  July 
the  (jovemment  admitted  that  since  1994,  seven  civilians  had  been  killed  by  Na- 
mibian security  forces  along  the  northern  border  with  Angola.  The  admission  came 
after  the  Namibian  Defense  Force  and  the  Ministry  of  Defense  conducted  an  inves- 
tigation into  charges  that  over  a  thousand  civilians  had  disappeared  along  the  Ango- 
lan border  (see  Section  l.b.).  One  NDF  officer  was  charged  with  murder  and  another 
was  found  guilty  of  culpable  homicide.  Investigations  into  the  other  killings  were  on- 
going. 

b.  Disappearance. — While  there  were  no  reports  of  politically  motivated  disappear- 
ances, a  local  NGO  charged  that  more  than  1,500  persons  disappeared  along  the 
northern  border  with  Angola  after  being  deported  by  Namibian  security  forces.  This 
charge  has  not  been  substantiated,  and  an  investigation  by  the  Ministry  of  Defense 
found  that  seven  civilians  had  been  killed  by  Namibian  Security  Forces  (see  Section 
l.a.).  Human  rights  organizations,  political  parties,  and  the  public  continued  to  call 
for  a  full  accounting  of  unexplained  disappearances  of  persons  detained  by  SWAPO 
prior  to  independence.  In  August  1996,  I-resident  Nujoma  released  the  long-prom- 
ised, official  SWAPO  memorial  book,  known  as  the  Heroes  Book,  which  lists  the 
names  of  nearly  8,000  people  who  died  during  the  liberation  struggle.  Local  human 
rights  organizations  harshly  criticized  the  book,  characterizing  it  as  an  unconvincing 
cover-up  and  declaring  that  the  listing  is  fraught  with  inaccuracies  and  omissions 
regarding  those  who  died  or  disappeared  in  SWAJ^O  detention  camps. 

SWAPO  was  again  viewed  widely  in  1997  as  having  failed  to  deal  forthrightly 
with  the  missing  detainee  issue.  In  May  the  Government  formally  rejected  a  request 
by  the  South  African  Truth  and  Reconciliation  Commission  to  hold  hearings  in  Na- 
mibia. Such  a  hearing  might  have  shed  light  on  disappearances  that  occurred  on 
both  sides  during  the  liberation  struggle.  While  some  of  the  Government's  critics 


243 

would  be  satisfied  with  an  ofTicial  apology  for  SWAPO  abuses  against  these  detain- 
ees, others  are  pressing  for  full  accountability  through  a  truth  commission,  prosecu- 
tions, and  convictions. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  provides  that  "no  persons  shall  be  subject  to  torture  or  to  cruel, 
inhuman,  or  degrading  treatment  or  punishment."  There  were  published  newspaper 
reports,  however,  that  members  of  the  police  beat  or  otherwise  abused  civilians,  ei- 
ther during  arrest  or  in  police  station  houses  in  the  northern  towns  of  Oshakati, 
Ombalantu,  and  Omungwelume.  Twenty-five  ofTicial  complaints  of  police  brutality 
were  recorded  as  of  July.  According  to  human  rights  organizations,  there  has  been 
an  increase  in  the  number  of  reported  cases  of  police  brutality,  and  the  problem  re- 
mains particularly  acute  in  northern  areas.  One  human  rights  advocate  noted  that 
the  increase  in  reported  cases  of  brutality  was  likely  due  in  part  to  growing  public 
awareness  of  citizens'  rights  and  a  willingness  to  report  sucn  cases.  The  Attorney 
General  has  ordered  a  full  investigation  of  these  complaints. 

Prison  conditions  are  harsh,  and  during  the  year  there  was  at  least  one  case  of 
a  prisoner  being  murdered  by  fellow  inmates  in  a  crowded  cell.  Human  rights  orga- 
nizations continued  to  complain  about  prison  overcrowding.  In  March  1995,  the  Gov- 
ernment created  a  Ministry  of  Prisons  and  Correctional  Services,  charged  with  ad- 
ministering the  country's  prisons  and  jails.  The  Ministry  emphasizes  correctional 
and  rehabilitation  functions,  including  vocational  training,  and  has  made  some  con- 
crete progress.  The  Government  is  also  making  efibrts  to  separate  youthful  offenders 
from  adult  criminals,  although  in  many  remote  and  rural  areas  juveniles  continue 
to  be  held  with  adults. 

The  Government  continued  to  grant  NGO's  and  diplomatic  officials  regular  access 
to  prisons  and  prisoners. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  forbids  arbitrary  arrest 
or  detention,  and  the  Government  generally  respected  these  provisions  in  practice. 
According  to  the  Constitution,  persons  who  are  arrested  must  be  informed  of  the 
reason  for  their  arrest  and  must  be  brought  before  a  magistrate  within  48  hours 
of  their  detention.  The  accused  are  entitled  to  defense  by  legal  counsel  of  their 
choice,  and  those  who  cannot  afibrd  a  lawyer  are  entitled  to  state-provided  counsel. 
In  practice,  however,  many  accused  persons  in  remote  and  rural  areas  are  not  le- 
gally represented,  primarily  due  to  resource  constraints.  A  trial  must  take  place 
within  "a  reasonable  time,"  or  the  accused  must  be  released.  Human  rights  organi- 
zations criticized  the  length  of  time  that  pretrial  detainees  were  held,  which 
stretched  up  to  1  year  in  many  cases  while  investigations  were  pending. 

Some  traditional  leaders  reportedly  continued  to  detain  and  imprison  persons  ac- 
cused of  minor  offenses  without  recourse  to  police  or  judicial  review.  The  Govern- 
ment continued  training  traditional  leaders  on  the  legal  limits  of  their  authority. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice. 

The  formal  court  system  has  three  levels:  30  magistrates'  courts,  the  High  Court, 
and  the  Supreme  Court.  The  latter  also  serves  as  the  court  of  appeals  and  as  a  con- 
stitutional review  court. 

Most  rural  Namibians  first  encounter  the  legal  system  through  the  traditional 
courts,  which  deal  with  minor  criminal  offenses,  such  as  petty  theft  and  infractions 
of  local  customs,  among  members  of  the  same  ethnic  group.  A  special  commission, 
created  to  make  recommendations  on  the  prospective  jurisdiction  of  traditional 
courts,  concluded  that  traditional  cultural  practices  and  structures  should  be  main- 
tained, provided  that  they  were  consistent  with  constitutional  protections  and  exist- 
ing laws.  The  Traditional  Authorities  Act  delineates  which  offenses  may  be  dealt 
with  under  the  traditional  system. 

The  constitutional  right  to  a  fair  trial,  with  a  presumption  of  innocence  until  prov- 
en guilty,  is  generally  afforded  by  the  judiciary.  However,  long  delays  in  hearing 
cases  in  the  regular  courts  and  problems  associated  with  the  traditional  system 
limit  this  right  in  practice. 

The  lack  of  qualified  magistrates,  other  court  officials,  and  private  attorneys  has 
resulted  in  a  serious  backlog  of  criminal  cases,  which  often  translated  into  long 
delays  of  up  to  a  year  or  more  between  arrest  and  trial.  Many  of  those  awaiting 
trial  are  treated  as  convicted  criminals.  This  practice  contravenes  Namibia  constitu- 
tional provisions  for  the  right  to  a  speedy  trial. 

There  were  no  reports  ofpolitical  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  all  citizens  with  the  right  to  privacy  and  requires  arresting 
officers  to  secure  a  judicial  warrant  before  conducting  a  search.  Government  au- 


244 

thorities  respected  these  rights  in  practice,  and  violations  were  subject  to  legal  ac- 
tion. 

Under  the  Central  Intelligence  Service  bill  passed  by  the  National  Assembly  in 
July,  this  agency  is  authorized  to  conduct  wiretaps,  intercept  mail,  and  engage  in 
other  covert  activities,  both  inside  and  outside  the  country  in  the  interests  of  na- 
tional security.  Wiretaps  and  other  forms  of  covert  surveillance,  however,  require 
the  consent  of  a  judge. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  generally  respected  these  rights. 

Reporters  for  independent  newspapers  criticize  the  Government  openly  and  do  not 
engage  in  self-censorship.  During  the  year,  there  was  a  series  of  attacks  on  the  pri- 
vate media  by  the  President,  the  Prime  Minister,  and  other  members  of  the  Govern- 
ment. These  attacks  included  charees  that  the  independent  press  was  "foreign 
owned"  and  "an  enemy  press."  While  such  charges  may  have  been  calculated  to 
quiet  criticism,  they  do  not  appear  to  have  had  any  impact  on  the  aggressive  style 
of  the  independent  media. 

The  government-owned  Namibian  Broadcasting  Corporation  (NBC)  operates  most 
radio  and  television  services.  NBC  provided  significant  coverage  to  opposition  points 
of  view.  Some  believe  that  NBC  reporters  exercise  self-censorship  on  certain  con- 
troversial issues,  such  as  the  question  of  missing  detainees  and  the  issue  of  a  third 
term  for  President  Nujoma.  Despite  these  complaints,  NBC  is  generally  balanced  in 
its  reporting. 

There  are  three  private  radio  stations,  one  private  television  station  in  the  town 
of  Rehoboth,  and  a  private  cable  and  satellite  television  service  that  broadcasts 
Cable  News  Network,  British  Broadcasting  Corporation,  and  a  range  of  South  Afri- 
can and  international  news  and  entertainment  programs.  There  are  no  restrictions 
on  the  private  ownership  of  satellite  dishes. 

On  October  28,  the  Ministry  of  Information  and  Broadcasting  (MOIB)  issued  new 
regulations  that  require  foreign  journalists  seeking  to  visit  Namibia  to  provide  1 
month's  advance  notice  to  the  MOIB,  stating  the  purpose  of  their  proposed  visit. 
Journalists  are  required  te  schedule  appointments  with  government  officials 
through  the  MOIB  and  request  permission  to  visit  areas  under  the  control  of  the 
Ministry  of  Environment  and  Tourism.  Additionally,  journalists  must  obtain  a  tem- 
porary work  permit  from  the  Ministry  of  Home  AlTairs.  There  were  no  reports  of 
complaints  from  journalists. 

The  Government  respects  academic  freedom.  During  the  year  there  were  numer- 
ous seminars  held  at  universities  and  other  venues  in  Windhoek  on  controversial 
issues. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly  and  association. 

While  in  the  past  the  Government  has  generally  respected  these  rights  in  prac- 
tice, in  July  the  President  announced  a  ban  on  all  public  demonstrations  that  did 
not  have  prior  police  approval.  This  ban  was  based  on  an  apartheid-era  law.  The 
ban  was  selectively  enforced  in  late  July  when  police  in  the  northern  town  of 
Okanguati  broke  up  private  meetings  between  a  puolic  interest  law  firm  and  its  cli- 
ents, Himba  tribesmen  opposed  to  the  construction  of  the  Epupa  Dam,  which  the 
Government  supports  (see  Section  5).  In  August  the  High  Cfourt  struck  down  the 
1989  law  used  by  the  President  to  justify  the  ban.  The  Government  plans  to  appeal. 

During  the  year  various  organizations,  including  political  parties,  religious 
groups,  women's  organizations,  students,  and  unemployed  and  former  combatants 
held  large  meetings  and  public  gatherings  without  interference. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice.  The  Government  cooperates  with  the  United  Nations  High 
Commissioner  for  Refugees  (UNHCR),  and  UNHCR  officials  have  observed  a 
marked  improvement  in  the  Government's  refugee  policy.  The  Government's  eligi- 
bility committee  has  met  on  a  regular  basis  to  consider  asylum  requests.  Refugee 
status  has  been  accorded  to  a  numoer  of  asylum  seekers,  and  those  rejected  are  gen- 
erally not  being  deported.  There  were  no  reports  of  forced  expulsion  of  those  having 
a  valid  claim  to  refugee  status,  although  illegal  immigrants  are  often  detained  in 
prisons  for  long  periods  of  time  before  being  deported. 

Namibia  is  a  first  asylum  country  and  continues  to  permit  asylum  seekers  to 
enter  the  country.  There  are  presently  more  than  2,200  refugees  and  asylum  seekers 
at  Osire  camp,  90  percent  oi  whom  are  from  Angola.  The  rest  are  from  the  Demo- 


245 

cratic  Republic  of  the  Congo,  Burundi,  Rwanda,  Tanzania  and  other  African  coun- 
tries. Asylum  seekers  are  interviewed  by  government  officials,  and  those  granted 
refugee  status  are  permitted  to  work  and  attend  school  including  the  University  of 
Namibia.  Schools  have  been  established  at  the  Osire  refugee  camp.  Residents  are 
free  to  leave  the  unfenced  facility,  and  many  travel  to  Windhoek  and  other  towns 
on  personal  business  and  to  sell  handicrafts.  On  November  29,  129  Angolan  refugees 
were  voluntarily  repatriated  to  Angola.  There  were  no  credible  reports  that  persons 
were  forcibly  returned  to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  exercised  this  right  for  the  second  time  in  December  1994  in  what  observ- 
ers generally  agreed,  despite  some  irregularities,  to  be  free  and  fair  presidential  and 
parliamentary  elections.  The  Government  printed  and  distributed  useful  and  in- 
formative voter  guides  with  lists  of  government  and  opposition  candidates  and  re- 
quested international  election  observers.  There  were  televised  debates,  and  the  op- 
position parties  were  able  to  campaign  freely.  Two  new  parties  were  established 
during  the  year. 

The  Constitution  establishes  a  bicameral  parliament  and  provides  for  general 
elections  every  5  years  and  regional  elections  every  6  years.  Incumbent  President 
Sam  Nujoma  was  reelected  to  a  second  5-year  term  of  office  during  the  country's 
first  postindependence  elections  for  the  National  Assembly  and  Presidency  in  iJe- 
cember  1994.  Although  the  Constitution  limits  the  President  to  two  terms,  in  May 
the  ruling  SWAPO  party's  national  congress  recommended  that  the  Constitution  be 
amended  to  permit  President  Nujoma  to  serve  a  third  term. 

The  ruling  SWAPO  party  holds  53  of  the  72  elected  National  Assembly  seats,  the 
Democratic  Turnhalle  Alliance  (DTA,  the  major  opposition  party)  has  15  seats,  and 
three  smaller  parties  occupy  a  total  of  4  seats.  Members  of  the  National  Assembly 
are  elected  on  a  party  list  system  on  a  proportional  basis. 

In  April  the  ruling  SWAPO  party  voted  to  changed  the  voting  procedure,  under 
the  Local  Authorities  Act,  for  local  elections  to  be  held  early  next  year.  The  change 
required  local  elections  to  be  held  on  a  party  list  instead  of  a  ward  system.  It  is 
generally  believed  that  the  party  list  system  favors  the  ruling  SWAPO  party,  al- 
though SWAPO  claimed  that  it  amendea  the  law  to  promote  more  female  candidates 
and  because  wards  could  not  be  delineated  in  time  for  the  scheduled  elections.  Op- 
position members  walked  out  of  Parliament  in  protest  when  SWAPO  used  its  over- 
whelming majority  to  amend  the  Local  Authorities  Act. 

Women  are  increasingly  involved  in  the  political  process  but  remain  seriously 
underrepresented  despite  promises  by  SWAPO  to  increase  the  number  of  women  on 
the  party's  appointed  central  committee.  There  are  2  female  ministers  and  3  female 
deputy  ministers  out  of  a  total  of  42  ministerial  and  deputy  ministerial  positions. 
In  addition,  two  women  hold  cabinet-level  positions,  as  Director  of  the  Department 
of  Women  Affairs  in  the  Office  of  the  President  and  Director  of  the  National  Plan- 
ning Commission,  and  another  woman  serves  as  Ombudswoman.  Women  hold  15  of 
98  parliamentary  seats  in  the  National  Assembly  and  National  Council.  In  1996  fe- 
male legislators  formed  a  Women's  Caucus  in  Parliament  to  review  legislation  for 
gender  sensitivity.  Historic  economic  and  educational  disadvantages  have  served  to 
limit  the  participation  of  the  indigenous  San  ethnic  group  in  politics,  although  vir- 
tually all  of  Namibia's  other  ethnic  minorities  are  represented  in  Parliament  and 
the  Cabinet. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Local  nongovernmental  organizations,  such  as  the  National  Society  for  Human 
Rights  (NSHR)  and  the  Legal  Assistance  Center,  the  Breaking  the  Walls  of  Silence 
Movement,  and  those  working  with  the  Himbas  in  opposition  to  the  Epupa  Dam, 
freely  criticized  the  Government's  handling  of  the  SWAPO  detainee  issue,  the  ban 
on  public  demonstrations,  misconduct  by  security  forces  along  the  border,  and  dis- 
crimination against  women  and  indigenous  ethnic  groups.  In  addition,  other  human 
rights  or;ganizations  such  as  the  Media  Institute  for  Southern  Africa,  the  Center  for 
Applied  Social  Sciences,  and  the  Human  Rights  Documentation  Center  worked 
openly  on  a  variety  of  human  rights  issues  afTecting  the  press,  women,  ethnic  mi- 
norities, and  other  groups. 

Although  no  specific  grounds  were  made  public,  the  Government  briefiy  ques- 
tioned the  admission  of  the  National  Society  for  Human  Rights  to  consultative  sta- 
tus in  the  United  Nations  Economic  and  Social  Council  (ECOSOC),  but  in  February 
it  decided  not  to  prevent  the  NGO  from  associating  with  the  U.N.  body. 


246 

Representatives  of  international  human  rights  organizations  traveled  to  Namibia 
and  discussed  human  rights  issues  with  governmental  and  nongovernmental  rep- 
resentatives. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  creed,  gender,  or  religion, 
and  specifically  pronibits  "the  practice  and  ideology  of  apartheid."  Over  the  past 
year,  there  was  a  significant  improvement  in  the  attention  paid  to  women's  issues 
and  the  rights  of  the  disabled. 

Women. — Violence  against  women,  including  beating  and  rape,  is  widespread.  Tra- 
ditional attitudes  regarding  the  subordination  of  women  exacerbate  problems  of  sex- 
ual and  domestic  violence.  In  1997,  however,  there  was  a  dramatic  improvement  in 
the  attention  paid  to  the  problems  of  rape  and  domestic  violence.  Government  min- 
isters joined  in  public  protests  against  violence.  The  President,  members  of  his  Cabi- 
net, and  parliamentarians  spoke  out  forcefully  against  violence  and  called  for  longer 
prison  sentences  for  sexual  offenders.  Model  rape  legislation,  prepared  by  the  Wom- 
en's Law  Reform  and  Development  Commission,  was  introduced  in  Parliament. 
Courts  handed  down  longer  prison  sentences  to  convicted  rapists,  and  police  confirm 
that  more  women  were  coming  forward  to  report  cases  of  rape  and  domestic  vio- 
lence. Centers  for  abused  women  and  children  in  Oshakati,  Windhoek, 
Keetmanshoop,  Walvis  Bay,  and  Rehoboth  are  staffed  with  specially  trained  female 
police  officers  to  assist  victims  of  sexual  assaults. 

In  1996  the  President  elevated  the  head  of  the  Department  of  Women  Affairs  to 
cabinet  rank.  The  passage  in  that  year  of  the  Married  Persons  Equality  Act  also 
eliminated  discriminatory  practices  against  women  married  under  civil  law.  Women 
married  in  customary  (traditional)  marriages  continue  to  face  legal  and  cultural  dis- 
crimination. During  the  year,  Oshiwambo  chiefs  denounced  traditional  practices 
that  permit  family  members  to  confiscate  the  property  of  deceased  men  from  their 
widows  and  children.  Efi'orts  are  underway  to  address  this  issue  and  the  problem 
has  been  considerably  reduced. 

Children. — The  Constitution  enumerates  children's  rights,  including  those  in  the 
area  of  education  and  health.  The  Government  devotes  31  percent  of  the  national 
budget  to  education  and  an  additional  15  to  20  percent  towards  health.  In  practice, 
however,  outmoded  policies  and  laws  and  an  untrained  work  force  lead  to  inad- 
equate attention  to  child  welfare.  Many  San  children  do  not  attend  school,  and  it 
is  difficult  for  the  Government  to  afford  basic  protections  to  children  living  on  re- 
mote commercial  farms. 

Child  abuse  is  a  serious  and  increasingly  acknowledged  problem.  The  authorities 
vigorously  prosecuted  cases  involving  crimes  against  children,  particularly  rape  and 
incest.  One  particularly  heinous  sexual  assault  on  a  baby  was  widely  publicized  in 
the  media  and  led  to  a  national  outcry  against  the  problem  of  sexual  attacks  on  chil- 
dren. Courts  are  handing  down  stifTer  sentences  against  child  rapists  and  the  Gov- 
ernment is  providing  training  for  police  ofi^icials  to  improve  the  handling  of  child  sex 
abuse  cases.  Centers  for  abused  women  and  children  are  actively  working  to  reduce 
the  trauma  sufTered  by  abused  children. 

The  Grovernment  is  expanding  programs  to  separate  juvenile  offenders  from  adults 
in  the  criminal  justice  system. 

People  With  Disabilities. — While  discrimination  on  the  basis  of  disability  is  not  ad- 
dressed in  the  Constitution,  the  Labor  Act  of  1992  prohibits  discrimination  against 
disabled  persons  in  employment.  However,  enforcement  in  this  area  is  weak. 

The  Government  does  not  legally  require  special  access  to  public  buildings  for  the 
disabled,  and  many  ministries  remain  inaccessible  to  the  disabled.  Some  municipal 
governments,  however,  have  installed  ramps  and  special  curbing  for  the  disabled  at 
street  crossings. 

Indigenous  People. — The  Bushmen,  also  known  as  the  San  people,  the  country's 
earliest  known  inhabitants,  historically  have  been  exploited  by  other  ethnic  groups. 
While  the  Government  has  taken  a  number  of  measures  to  end  this  societal  dis- 
crimination against  the  San,  including  seeking  their  advice  about  proposed  legisla- 
tion on  communally  held  lands  and  increasing  their  access  to  primary  education,  lit- 
tle has  been  done  to  bring  San  representatives  into  the  Government. 

By  law  all  indigenous  groups  are  able  to  participate  equally  in  decisions  afTecting 
their  lands,  cultures,  traditions,  and  allocations  of  natural  resources.  Nevertheless, 
the  Bushmen  and  other  indigenous  citizens  have  been  unable  to  exercise  fully  these 
rights  as  a  result  of  minimal  access  to  education  and  economic  opportunities  under 
colonial  rule,  coupled  with  their  relative  isolation  in  remote  areas  of  the  country. 

In  January  autnorities  arrested  73  members  of  the  Hai//om  Bushmen  community 
for  blocking  the  gates  to  a  national  game  park.  The  Bushmen  were  protesting  in 


247 

support  of  the  return  of  their  ancestral  lands  which  had  been  seized  in  order  to  cre- 
ate the  park.  The  Hai//om  maintained  that  their  previous  requests  to  discuss  the 
case  with  government  officials  had  been  ignored.  The  protesters  were  released  on 
bail,  and  later  in  the  year  the  case  was  dropped. 

In  April  the  Government  unilaterally  announced  plans  to  expand  aprison  in  the 
West  Caprivi  Game  Park  on  land  claimed  by  the  Kxoe  ethnic  group.  The  expansion 
would  deny  access  by  members  of  the  Kxoe  ethnic  group  to  revenues  from  commu- 
nity-based tourism  projects  on  their  lands.  There  is  some  question,  however,  regard- 
ing the  Kxoe's  right  to  occupy  that  land.  The  project  was  an  important  mechanism 
for  empowering  the  Kxoe  to  benefit  from  tourism  activities  in  their  community. 

The  Government's  plans  to  build  a  dam  on  the  Kunene  river  that  would  Hood  an- 
cestral graves  and  grazing  areas  of  the  seminomadic  Himba  people  proved  con- 
troversial. The  Government  has  made  repeated  efforts  to  consult  with  Himba  lead- 
ers regarding  the  project,  but  many  of  the  Himba  chiefs  remain  adamantly  opposed 
to  the  project.  Namibian  leaders  have  harshly  criticized  those  opposed  to  the  project, 
terming  them  "enemies  of  development."  In  July  police  in  Okanguati  broke  up  a  pri- 
vate meeting  between  Himba  chiefs  and  their  lawyers  (see  Section  2.b.). 

The  Traditional  Authorities  Act,  which  came  into  effect  in  December  1995,  defines 
the  role,  duties,  and  powers  of  traditional  leaders.  The  act  provides  that  customary 
law  that  is  inconsistent  with  provisions  of  the  Constitution  is  invalid  and  it  enumer- 
ates the  types  of  crimes  that  may  be  dealt  with  in  traditional  courts.  The  act  assigns 
to  traditional  leaders  the  role  of  guardians  of  culture  and  tradition,  and  also  man- 
dates that  traditional  leaders  elected  to  Parliament  choose  between  their  traditional 
and  elected  offices  before  the  end  of  1996.  This  provision  has  not  been  enforced,  and 
several  traditional  leaders  remain  in  Parliament. 

National  I  Racial  I  Ethnic  Minorities. — The  Constitution  prohibits  discrimination 
based  on  race  and  other  factors  and  specifically  prohibits  "the  practice  and  ideology 
of  apartheid."  Nevertheless,  as  a  result  of  more  than  70  years  of  South  African  ad- 
ministration, societal,  racial,  and  ethnic  discrimination  persists,  and  some  apart- 
heid-based statutes  have  not  yet  been  repealed  or  replacea  by  the  Parliament.  Many 
nonwhites  continued  to  complain  that  the  Government  was  not  moving  quickly 
enough  in  education,  health,  housing,  employment,  and  access  to  land. 

Some  opposition  parties,  including  members  of  the  Herero  and  Nama  ethnic 
groups,  also  complained  that  the  SWAPO-led  Government  provided  more  develop- 
ment assistance  to  the  numerically  dominant  Ovambo  ethnic  group  of  far  northern 
Namibia  than  to  other  groups  or  regions  of  the  country.  Nevertheless,  members  of 
smaller  ethnic  groups  hold  prominent  government  posts,  including  the  offices  of  the 
Prime  Minister,  Deputy  Prime  Minister,  Minister  of  Foreign  Affairs,  and  the  Speak- 
er of  the  National  Assembly.  In  June  leaders  of  the  "Baster"  community  in  Rehoboth 
reconciled  with  the  Government  and  dropped  their  demand  that  the  Government  re- 
turn the  community's  "traditional  lands"  which  had  reverted  to  the  central  Govern- 
ment upon  independence. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  freedom  of  association, 
including  freedom  to  form  and  join  trade  unions.  The  1992  Labor  Act  extended  that 
right  to  public  servants,  farm  workers,  and  domestic  employees.  Trade  unions  have 
no  difficulty  registering,  and  there  are  no  government  restrictions  on  who  may  serve 
as  a  union  ofilcial.  No  union  has  been  dissolved  by  government  action.  During  the 
year,  the  Namibian  public  service  held  vigorously  contested  union  elections. 

Unions  are  independent  of  Government  and  may  form  federations.  The  two  prin- 
cipal trade  union  umbrella  organizations  are  the  National  Union  of  Namibian  Work- 
ers (NUNW),  and  the  Namibia  People's  Social  Movement  (NPSM).  The  larger 
NUNW  continues  to  maintain  its  strong  affiliation  with  the  ruling  SWAPO  party. 
Roughly  half  of  the  wage  sector  is  organized  to  some  degree,  although  less  than  20 
percent  of  full-time  wage  earners  are  organized. 

Except  for  workers  providing  essential  services  (e.g.,  jobs  related  to  public  health 
and  safety)  and  workers  in  the  nascent  export  processing  zones  (EPZ's),  workers 
enjoy  the  right  to  strike  once  conciliation  procedures  have  been  exhausted.  Under 
the  Labor  Act,  strike  action  can  only  be  used  in  disputes  involving  specific  worker 
interests,  such  as  pay  raises.  Disputes  over  worker  rights,  including  dismissals, 
must  be  referred  to  a  labor  court  (which  is  convened  when  needed  in  the  existing 
magisterial  districts)  for  arbitration.  The  Labor  Act  protects  legally  striking  workers 
from  unfair  dismissal. 

Unemployment,  which  is  nearly  40  percent,  remained  a  significant  problem  in  Na- 
mibia, alTecting  largely  the  black  majority.  Apartheid-era  attitudes  among  some  em- 
ployers contributed  to  a  divisive,  lO-weelc  strike  at  a  major  mining  firm.  While  the 


248 

atmosphere  at  the  three  mine  sites  was  tense  and  occasionally  violent,  the  con- 
frontation was  eventually  defused  by  high-level  government  intervention. 

Trade  unions  are  free  to  exchange  visits  with  foreign  trade  unions  and  to  affiliate 
with  international  trade  union  organizations.  Unions  have  exercised  this  right  with- 
out interference.  The  American  Federation  of  Labor-Congress  of  Industrial  Organi- 
zations, through  its  African-American  Labor  Center  representative  in  South  Africa, 
provided  technical  assistance  to  the  NUNW  during  regular  visits  to  Namibia. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  1992  Labor  Act  provides 
employees  with  the  right  to  bargain  individually  or  collectively.  Collective  bargain- 
ing is  not  widely  practiced  outside  the  mining  and  construction  industries;  wages 
are  usually  set  by  employers.  As  unions  become  more  active,  however,  informal  col- 
lective bargaining  is  becoming  more  common. 

The  Labor  Act  provides  a  process  for  employer  recognition  of  trade  unions  and 
protection  for  members  and  organizers.  The  law  also  empowers  the  labor  court  to 
remedy  unfair  labor  practices  and  explicitly  forbids  unfair  dismissals,  which  may  be 
appealed  to  the  labor  court. 

The  Labor  Act  applies  to  the  prospective  EPZ  in  Walvis  Bay.  A  compromise  on 
this  point  was  reached  by  the  Government  and  NUNW  representatives  in  August 
1995.  However,  trade  unionists  continued  to  challenge  the  constitutionality  of  the 
compromise  because  it  precludes  strikes  and  lockouts.  Under  the  compromise,  labor- 
related  issues  in  the  EPZ  would  be  referred  to  a  special  EPZ  Dispute  Settlement 
Panel,  composed  of  employers  and  workers,  for  expeditious  resolution.  With  only  a 
few  businesses  operating  in  the  Walvis  Bay  EPZ,  the  effectiveness  of  this  com- 
promise in  securing  the  rights  of  workers  in  the  EPZ  could  not  yet  be  determined. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  and  bonded  labor  of  adults 
and  children  is  prohibited  by  law.  During  the  year  there  were  ongoing  reports  in 
the  media  that  farm  and  domestic  workers  often  receive  inadequate  compensation 
for  their  labor  and  are  subject  to  strict  control  by  employers.  Ministry  of  Labor  in- 
spectors sometimes  encountered  problems  in  gaining  access  to  the  country's  large, 
privately  owned  commercial  farms  in  order  to  document  possible  Labor  Code  viola- 
tions. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  Gov- 
ernment prohibits  forced  and  bonded  labor  by  children  (see  Section  6.c.).  Under  the 
1992  Labor  Act,  the  minimum  age  for  employment  is  14  years,  with  higher  age  re- 
quirements for  certain  sectors  such  as  mining,  construction,  and  night  work.  Min- 
istry of  Labor  inspectors  generally  enforce  minimum  age  regulations,  but  children 
below  the  age  of  14  often  work  on  family  and  commercial  farms,  and  in  the  informal 
sector.  A  1991  census  report  on  the  status  of  children  estimates  that  13,800  children 
under  15  years  of  age  are  already  in  the  labor  force.  Of  these,  41  percent  are  work- 
ing as  unpaid  laborers  on  family  and  commercial  farms.  Boys  in  rural  areas  tradi- 
tionally start  herding  livestock  at  the  age  of  7.  According  to  1991  figures,  approxi- 
mately 2  percent  of  farm  workers  are  children  (mainly  from  the  San  ethnic  group). 
There  were  also  reports  that  Angolan  and  Zambian  children,  who  are  not  protected 
by  the  Labor  Act,  worked  on  communal  and  cattle  farms  in  border  areas. 

e.  Acceptable  Conditions  of  Work. — There  is  no  statutory  minimum  wage  law.  In 
Windhoek's  nonwhite  townships,  many  workers  and  their  families  have  difficulty 
maintaining  a  minimally  decent  standard  of  living.  White  citizens  earn  significantly 
more  on  average  than  do  black  citizens,  in  large  part  because  whites  own  most  of 
the  country's  productive  resources  and  have  had  access  to  education  that  enables 
them  to  take  advantage  of  the  skilled  labor  shortage. 

After  independence  the  standard  legal  workweek  was  reduced  from  46  to  45 
hours,  and  includes  at  least  one  24-hour  rest  period  per  week.  An  employer  may  re- 
quire no  more  than  10  hours  per  week  of  overtime.  The  law  mandates  24  consecu- 
tive days  of  annual  leave,  at  least  30  workdays  of  sick  leave  per  year,  and  3  months 
of  unpaid  maternity  leave.  In  practice,  however,  these  provisions  are  not  yet  rigor- 
ously observed  or  enforced  by  the  Ministry  of  Labor.  In  1996  two  important  NGO 
studies — one  of  farm  workers  and  the  other  of  domestic  employees — highlighted  the 
dismal  conditions  which  some  employees  encounter  while  working  in  these  occupa- 
tions. 

The  Government  mandates  occupational  health  and  safety  standards.  The  Labor 
Act  empowers  the  President  to  enforce  them  through  inspections  and  criminal  pen- 
alties. The  law  requires  employers  to  ensure  the  health,  safety,  and  welfare  of  their 
employees.  It  provides  employees  with  the  right  to  remove  themselves  from  dan- 
gerous work  situations. 


249 
NIGER 

On  January  27,  1996  a  group  of  army  officers  led  by  then  Colonel  Ibrahim 
Mainassara  Bare  overthrew  the  elected  government  of  Niger.  The  leaders  of  the 
coup  d'etat  quickly  established  a  Military  Council  of  National  Salvation  (CNS)  and 
a  subordinate  interim  cabinet.  The  CNS  suspended  the  1992  Constitution,  dissolved 
the  National  Assembly,  implemented  a  state  of  emergency,  and  temporarily  prohib- 
ited political  activity.  Top  civilian  government  leaders  were  put  under  house  arrest. 
The  Government  subsequently  organized  a  Constitutional  Conference,  held  a  ref- 
erendum on  the  new  Constitution,  and  conducted  a  seriously  flawed  presidential 
election,  which  was  won  by  Bare.  The  November  1996  legislative  elections  were  boy- 
cotted by  the  opposition.  Progovernment  parties  and  supporters  claimed  all  83  Na- 
tional Assembly  seats.  The  judiciary  remams  subject  to  executive  interference. 

Security  forces  consist  of  the  army,  the  Republican  Guard,  the  gendarmerie  (para- 
military police),  and  the  national  police.  The  police  and  the  gendarmerie  tradition- 
ally have  primary  responsibility  for  internal  security.  However,  since  the  coup,  the 
army  has  had  a  much  more  prominent  role.  The  1996  coup  was  led  by  army  officers 
with  some  support  from  the  gendarmerie.  Following  the  coup,  members  of  all  secu- 
rity forces  committed  human  rights  abuses.  Security  force  members  continued  to 
commit  abuses  in  1997. 

The  economy  is  based  mainly  on  traditional  subsistence  farming,  herding,  small 
trading,  and  informal  markets.  I>ess  than  15  percent  of  the  economy  is  in  the  mod- 
em sector.  Uranium  is  the  most  important  export.  Per  capita  income  is  about  $260. 
Persistent  drought,  deforestation  and  soil  degradation,  low  literacy,  a  flat  uranium 
maritet,  high  import  prices  and  burdensome  debt  further  weakened  the  already 
troubled  economy.  Niger  is  heavily  dependent  on  foreign  assistance,  and  one  of  the 
aftermaths  of  the  coup  was  a  sharp  fall  in  foreign  aid,  only  partially  reversed  in 
1997. 

The  Gk)vemment's  human  rights  record  remained  the  same,  and  serious  problems 
remained  in  many  areas.  The  1996  coup  and  the  fraudulent  1996  presidential  elec- 
tion effectively  disenfranchised  citizens,  preventing  them  from  exercising  the  right 
to  change  their  government.  Security  forces  on  occasion  beat  and  intimidated  opposi- 
tion political  figures  and  violated  laws  governing  searches,  treatment  of  prisoners, 
and  length  of  detention.  Prison  conditions  remained  poor.  The  overloaded  judicial 
system  and  delays  in  trials  resulted  in  long  periods  of  pretrial  confinement.  The 
Government  continued  to  intimidate  the  private  press  and  radio  and  arrested,  de- 
tained, and  mistreated  journalists.  The  Government  also  passed  a  stringent  new 
press  law.  The  Government  continued  to  ban  peaceable  meetings  and  demonstra- 
tions, although  less  often  than  in  1996.  The  Government  restricted  freedom  of  move- 
ment. Societal  discrimination  and  domestic  violence  against  women  continued  to  be 
serious  problems.  Female  genital  mutilation  persists.  The  Government  restricts 
some  worker  rights. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing.— There  were  no  confirmed  reports  of 
political  or  other  extrajudicial  killings  by  government  officials.  A  civilian,  Hassan 
Ali,  died  under  suspicious  circumstances  while  being  detained  by  soldiers  near  Din"a. 

Violence  in  the  north  decreased  following  the  signing  in  April  1995  of  a  peace  pact 
between  Tuareg  separatists  and  the  Government.  A  similar  agreement  in  April  1996 
between  the  Government  and  the  Arab/Toubou/Kanouri  Front  (CRA)  basecl  in  east- 
em  Niger,  which  seeks  independence  for  its  region,  also  reduced  the  sporadic  vio- 
lence in  that  area.  However,  there  were  numerous  potentially  destabilizing  incidents 
in  the  north  and  east.  The  Government  claimed  to  have  killed  14  rebels  near  the 
Libyan  border  on  January  19  after  the  rebels  attacked  a  civilian  convoy.  Clashes 
took  place  between  government  forces  and  Toubou  rebels  in  May  and  June  in  the 
Lake  Chad  region,  resulting  in  about  eight  deaths.  On  September  20,  Toubou  rebels 
attacked  an  army  outpost  at  Madama  in  northeast  Niger,  resulting  in  five  military 
deaths  and  five  wounded  (three  military  and  two  civilians).  On  October  8,  Revolu- 
tionary Armed  Forces  Union  (UFRA)  elements  attacked  a  15-vehicle  truck  convoy 
and  killed  one  of  the  military  escorts.  During  a  rebel  attack  on  Aderbissnat  on  Octo- 
ber 19,  6  soldiers,  1  civilian  and  20  rebels  were  killed.  On  November  14,  rebels  at- 
tacked an  army  post  on  the  border  with  Nigeria;  the  Government  claims  three 
rebels  were  killed  and  1  soldier  injured. 

b.  Disappearance. —There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  the  Constitution  prohibits  such  practices,  individuals  widely  believed  to  be 


250 

members  of  the  security  forces  detained  and  beat  opposition  political  activist  Elhadj 
Qumarou  Oubandawaki  on  February  3  for  repeatea  criticism  of  the  Government  on 
the  radio.  He  suffered  head  injuries,  and  a  broken  arm,  and  had  several  teeth 
knocked  out. 

On  April  10,  four  unidentified  men,  again  widely  believed  to  be  security  officers, 
seized  Souley  Adji,  an  academic  who  had  written  critically  of  the  Government,  at 
his  home,  drove  him  outside  of  Niamey,  stripped  him  naked,  and  beat  him  into  un- 
consciousness. Government  inquiries  into  both  beatings  produced  no  results. 

Police  used  tear  gas  and  force  to  break  up  a  peaceful  protest  march  in  January 
injuring  over  two  dozen  persons  (see  Sections  l.d.  and  2. a.). 

Prison  conditions  are  poor.  Prisons  are  underfunded  and  understafTed.  They  are 
overcrowded  and  diet,  health,  and  sanitary  conditions  for  prisoners  are  very  poor. 
The  national  health  budget  for  prisoners  was  $40,000  (cfa  23.9  million)  a  slight  in- 
crease from  1996. 

FVisoners  are  segregated  by  sex,  but  minors  and  adults  are  incarcerated  together. 
Family  visits  are  allowed,  and  prisoners  can  receive  supplemental  food  and  other 
necessities  from  their  families.  There  are  no  reports  of  unduly  harsh  treatment,  be- 
yond the  very  poor  conditions  of  detention,  but  petty  corruption  among  prison  stafT 
is  also  reportecf  to  be  rampant. 

Human  rights  monitors  visit  the  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Although  the  Constitution  prohibits  arbi- 
trary detention,  and  laws  officially  prohibit  detention  without  charge  in  excess  of  48 
hours,  police  violate  these  provisions  in  practice.  If  police  fail  to  gather  sufficient 
evidence  within  the  detention  period,  the  prosecutor  gives  the  case  to  another  offi- 
cer, and  a  new  48-hour  detention  period  begins. 

The  judicial  system  is  seriously  overloaded.  There  are  no  statutory  limits  on  pre- 
trial confinement  of  indicted  persons;  detention  frequently  lasts  months  or  years, 
and  some  persons  have  been  waiting  as  long  as  7  years  to  be  charged.  Of  795  pris- 
oners in  Niamey's  prison  in  May,  696  (86  percent)  were  awaiting  trial. 

The  law  provides  for  a  right  to  counsel,  although  only  one  defense  attorney  is 
known  to  have  a  private  practice  outside  the  capital.  A  defendant  has  the  right  to 
a  lawyer  immediately  upon  detention.  The  State  provides  a  defense  attorney  for 
indigents. 

Bail  is  available  for  crimes  carrying  a  penalty  of  less  than  10  years'  imprison- 
ment. Widespread  ignorance  of  the  law  ana  lack  of  financial  means  prevent  full  ex- 
ercise of  these  rights. 

On  January  11,  police  put  former  president  Mahamane  Ousmane,  former  National 
Assembly  Speaker  Mahamadou  Issoufou,  and  opposition  party  leader  Tandja 
Mamadou  under  house  arrest  for  3  days,  ostensibly  for  "threatening  state  security." 
They  were  then  detained  in  undisclosed  security  facilities  for  9  days  before  being 
released  on  January  23.  No  charges  were  brought  against  any  of  them. 

On  January  11,  police  also  detained  dozens  of  other  opposition  activists,  including 
many  women  who  had  attempted  to  stage  a  peaceful  protest  march.  About  26  per- 
sons were  injured  when  the  police,  using  tear  gas,  forcefully  broke  up  the  march 
(see  Section  2.a.).  Police  held  the  majority  of  the  detainees  without  charges  for  about 
10  days  before  releasing  them.  All  were  released  by  January  23,  and  tnere  was  no 
evidence  of  mistreatment  by  the  police  while  they  were  detained. 

On  January  23,  police  arrested  Souley  Oumarou,  a  lawyer  for  the  political  opposi- 
tion, apparently  to  intimidate  him  from  bringing  legal  charges  against  President 
Bare  over  the  coup  d'etat.  He  was  released  3  days  later. 

In  March  police  detained  nine  persons  after  a  peaceful  assembly,  in  which  several 
of  the  arrestees  had  apparently  not  even  participated.  They  were  sentenced  to  2 
months'  imprisonment  lor  alleged  "armed  illegal  assembly." 

In  March  23  electric  utility  workers  were  arrested  for  sabotage,  in  most  cases 
without  evidence.  In  April  two  of  those  arrested  were  sentenced  to  prison  terms  of 
2  months,  and  two  others  to  2  years;  the  rest  were  released.  The  workers  sentenced 
to  2  years  of  imprisonment  were  subsequently  released  and  have  resumed  work  at 
the  electric  utility. 

In  February  and  April,  coinciding  with  Muslim  holy  days,  President  Bare  par- 
doned all  prisoners  with  less  than  6  months  yet  to  serve,  all  juveniles,  nursing  and 
pregnant  women,  prisoners  over  55  years  old,  and  those  with  certain  illnesses.  The 
April  pardon  was  also  extended  to  certain  other  convicts  with  less  than  1  year  re- 
maining on  their  sentences. 

The  Constitution  prohibits  exile,  and  there  were  no  reports  of  its  use. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  it  is  subject  to  executive  interference.  Although  the  Supreme  Court  has 
on  occasion  asserted  its  independence,  human  rights  groups  assert  that  family  and 
business  ties  infiuence  the  lower  courts  and  undermine  their  integrity.  Judges  some- 


251 

times  fear  reassignment  or  having  their  financial  benefits  reduced  if  they  render  a 
decision  unfavorable  to  the  Government,  though  such  coercive  tactics  are  reportedly 
less  frequently  used. 

Defendants  and  prosecutors  may  appeal  a  verdict,  first  to  the  Court  of  Appeals, 
then  to  the  Supreme  Court.  The  Court  of  Appeals  reviews  questions  of  fact  ana  law, 
while  the  Supreme  Court  reviews  only  the  application  of  law  and  constitutional 
questions. 

Traditional  chiefs  can  act  as  mediators  and  counselors  and  have  authority  in  the 
realm  of  customary  law  as  well  as  status  under  modern  law  where  they  are  des- 
ignated as  auxiliaries  to  local  administrators.  They  are  charged  with  collecting  local 
taxes  and  receive  stif)ends  from  the  Government,  but  they  do  not  have  police  or  judi- 
cial powers  and  can  only  mediate,  not  arbitrate,  disputes  under  customary  law.  Cus- 
tomary courts,  located  only  in  large  towns  and  cities,  try  cases  involving  divorce  or 
inheritance.  They  are  headed  by  a  legal  practitioner  with  basic  legal  education  who 
is  advised  by  an  assessor  knowledgeable  in  the  society's  traditions.  The  judicial  ac- 
tions of  chiefs  and  customary  courts  are  not  regulated  by  code,  and  defendants  may 
appeal  a  verdict  to  the  formal  court  system.  Women  do  not  have  equal  legal  status 
with  men  and  do  not  enjoy  the  same  access  to  legal  redress  (see  Section  5). 

In  January  shortly  after  government  forces  broke  up  opposition  demonstrations, 
the  Government  revived  a  1974  law  authorizing  a  State  Security  Court.  According 
to  government  spokesmen,  the  Court  would  have  jurisdiction  over  crimes  committed 
against  national  security.  Although  members  of  the  Court  were  sworn  in  on  January 
17,  no  trials  were  held. 

Defendants  have  the  right  to  counsel,  to  be  present  at  trial,  to  confront  witnesses, 
to  examine  the  evidence  against  them,  and  to  appeal  verdicts.  The  Constitution  af- 
firms the  presumption  of  innocence.  The  law  provides  for  counsel  at  public  expense 
for  minors  and  indigent  defendants  charged  with  crimes  carrying  a  sentence  of  10 
years  or  more.  Although  lawyers  comply  with  government  requests  to  provide  coun- 
sel, they  are  generally  not  remunerated  by  the  Government. 

At  year's  end,  there  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
requires  that  police  have  a  search  warrant,  normally  issued  by  a  judge.  Police  may 
search  without  warrants  when  they  have  strong  suspicion  that  a  house  shelters 
criminals  or  stolen  property.  However,  human  rights  organizations  report  that  police 
often  conduct  routine  searches  without  warrants.  The  law  authorizing  the  State  Se- 
curity Court  also  provides  for  warrantless  searches.  Such  searches  were  carried  out 
repeatedly  in  January  at  the  homes  and  offices  of  opposition  political  figures. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom,  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  but  the  Government  took  actions  that  limited  press  freedom. 

The  local  independent  press  remained  relatively  assertive  in  criticizing  govern- 
ment actions.  No  newspaper  was  forced  to  shut  down.  Foreign  journals  circulate  and 
report  freely. 

However,  on  March  1  five  persons  in  military  uniforms  vandalized  the  independ- 
ent radio  station  Anfani.  Two  weeks  later  police  arrested  five  Anfani  employees,  in- 
cluding general  manager  Gremah  Boucar,  for  "defamation  of  the  army,"  after  he 
lodged  a  complaint.  Three  of  the  employees  were  quickly  released,  but  Gremah  and 
the  watchman  who  witnessed  the  attack  were  held  for  6  days.  Tliey  were  released 
after  agreeing  to  repudiate  their  version  of  the  events  of  March  1.  A  government 
inquiry  into  the  incident  never  produced  a  report. 

On  April  10,  four  unidentified  men  seized  at  his  home  university  professor  and 
independent  newspaper  contributor  Souley  Adji,  who  had  written  critically  of  the 
Government.  They  drove  him  outside  of  Niamey,  stripped  him  naked,  and  beat  him 
until  he  became  unconscious. 

On  June  24,  the  National  Assembly  adopted  a  new  press  law,  which  made  jour- 
nalist accreditation  more  stringent,  disqualifying  many  independent  journalists,  and 
stiffened  libel  laws,  prescribing  stiff  fines  and  jail  terms  for  anyone  defaming  or  in- 
sulting the  President  or  other  high  officials.  The  journalists  union  quickly  de- 
nounced the  measure  as  unnecessary  (a  1993  press  law  was  already  in  force)  and 
as  an  attempt  by  the  Government  to  destroy  the  independent  press. 

The  Government  used  the  new  law  to  intimidate  the  press.  On  October  7,  the 
Government  sentenced  independent  newspaper  publisher  Moussa  Tchangari  to  3 
months  in  prison  and  an  approximately  $80  (cfa  50,000)  fine  for  reproducing  inter- 
nal government  correspondence;  the  Supreme  Court  granted  Tchangari  provisional 
release  after  he  served  2  months. 

On  October  23,  Bangnou  Bonkoukou,  President  of  the  Niger  League  for  the  De- 
fense of  Human  Rights,  was  sentenced  under  the  new  press  law  to  a  2-year  prison 


252 

term  "for  libeling"  the  President.  He  was  airested  on  October  10  and  tried  on  Octo- 
ber 20.  The  court  found  Bonkoukou  guilty  of  libel  based  on  his  interview  with  a 
Burkina  Faso  newspaper  in  which  he  questioned  the  President's  "legitimacy"  and 
accused  him  of  imposing  a  "dictatorship"  on  the  country. 

On  October  26,  in  a  statement  broadcast  on  the  evening  news,  Minister  of  Interior 
Idi  Ango  Omar  warned  government  opponents  that  capital  punishment  was  per- 
mitted under  the  country's  laws  and,  after  attacking  Bangnou  Bonkoukou,  implied 
that  capital  punishment  might  be  used  against  those  who  allegedly  "prefer  the  dis- 
memberment of  Niger  more  than  its  stability."  Bonkoukou  was  subsequently  re- 
leased after  serving  less  than  3  months  of  his  2-year  sentence,  while  the  constitu- 
tional issue  is  being  decided. 

The  Government  has  not  yet  denied  accreditation  to  any  journalists;  the  (jovem- 
ment  has  not  begun  issuing  new  press  cards  according  to  the  new  press  law  criteria. 
Journalists  may  function  without  accreditation,  although  if  accredited  they  could  ob- 
tain financial  advantages. 

The  most  important  public  medium  is  the  government-operated,  multilingual  na- 
tional radio  service.  It  provided  only  minimal  air  time  for  opposition  political  views. 
The  Government  publishes  the  French  language  daily,  Le  Sahel,  and  its  weekend 
edition.  There  are  about  12  private  French  language  weeklies  or  monthlies  some  of 
which  are  loosely  afTiliated  with  political  parties. 

Academic  freedom  is  respected. 

The  faculty  of  the  University  of  Niamey  began  an  open-ended  strike  on  October 
22  to  protest  the  deterioration  of  their  living  and  working  conditions.  They  de- 
manded back  pay  and  more  resources  for  university  instruction.  Riot  police  were  de- 
ployed in  Niamey  on  November  13  as  thousands  of  university  students,  accompanied 
by  parallel  marches  of  junior  high  and  high  school  students,  demonstrated  to  de- 
mand unpaid  allowances.  A  student  sit-in  at  the  national  treasury  was  dispersed 
by  tear  gas,  and  two  student  leaders  were  arrested.  According  to  the  Secretar>'  Gen- 
eral of  the  Treasury  Workers  Union,  riot  police  locked  the  treasury  staff  and  the 
students  in  the  building  and  tossed  in  tear  gas  canisters.  Press  reports  stated  that 
four  people  were  injured  and  many  windows  were  broken  when  the  occupants  tried 
to  escape.  Simultaneously,  on  the  campus  of  the  university,  riot  police  and  gen- 
darmes attacked  students  to  clear  the  campus.  Observers  report  that  three  students 
were  injured  seriously. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly;  however,  the  Government  on  occasion  banned  peaceable  meet- 
ings and  demonstrations.  The  Government  retains  the  authority  to  prohibit  gather- 
ings either  under  tense  social  conditions  or  if  advance  notice  (48  hours)  is  not  pro- 
vided. Opposition  parties  are  legally  permitted  to  hold  demonstrations,  but  their  re- 
quests for  permission  to  march  are  still  occasionally  denied  or  canceled.  Despite 
having  rescinded  its  temporary  ban  on  public  demonstrations  prior  to  the  1996  elec- 
tion, the  Government  frequently  bannea  or  broke  up  peaceable  assemblies  and  dem- 
onstrations in  the  first  half  of  the  year.  In  the  secona  half  of  the  year,  however,  the 
Government  generally  allowed  such  gatherings  to  take  place. 

On  January  11,  police  using  tear  gas  forcibly  broke  up  peaceful  demonstrations 
organized  by  the  political  opposition  in  Niamey,  Zinder  and  Diffa,  principally  to  de- 
mand greater  access  hy  the  opposition  to  government  radio  broadcast  facilities.  Po- 
lice arrested  dozens  of'^ demonstrators  and  caused  several  injuries  (see  Sections  I.e. 
and  l.d.).  On  March  9,  police  again  used  tear  gas  to  disperse  a  smaller  peaceful  op- 
position demonstration  in  Niamey. 

On  July  8,  the  anniversary  of*^  President  Bare's  disputed  election,  security  forces 
prevented  opposition  parties  from  staging  protest  demonstrations  in  Niamey,  sealed 
off  opposition  party  headquarters,  and  ejected  their  activists.  In  other  cities,  includ- 
ing Tahoua,  Maradi,  and  Zinder,  violent  clashes  occurred  the  same  day  between  po- 
lice and  demonstrators,  and  police  arrested  dozens  of  protesters.  The  demonstrators 
were  released;  none  were  tried. 

The  Constitution  provides  for  freedom  of  association  with  some  limitations.  Citi- 
zens may  form  political  parties  of  any  kind,  except  those  that  are  based  on  ethnicity, 
religion,  or  region,  and  the  Government  respects  these  provisions  in  practice.  There 
are  now  24  political  parties,  2  of  which  were  organized  during  the  year.  Opposition 
parties  are  sometimes  permitted  to  hold  meetings,  but  their  requests  for  permits  to 
assemble  are  still  occasionally  denied  or  canceled. 

c.  Freedom  of  Religion. — The  Constitution  prohibits  any  interference  with  the 
practice  of  religion,  and  the  Government  generally  respects  freedom  of  religion.  Most 
citizens  practice  Islam.  In  February  authorities  arrested  and  briefly  detained  a  local 
Islamic  religious  leader  for  celebrating  the  end  of  the  Muslim  holy  month  of  Rama- 
dan on  February  9  instead  of  the  official  date  of  February  8.  Seven  policemen  and 


253 

six  civilians  were  injured,  and  a  police  station  and  vehicles  were  damaged  when  his 
fundamentalist  followers  attempted  to  free  him  from  detention. 

Christians  (including  Jehovah's  Witnesses)  and  Baha'i  practice  freely.  Foreign 
missionaries  work  freely,  but  their  organizations  must  be  registered  as  Nigerien  as- 
sociations. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  freedom  of  movement  and  does  not  restrict  either 
emigration  or  repatriation.  However,  there  were  numerous  cases  in  which  the  (gov- 
ernment restricted  the  travel,  both  internal  and  external,  of  opposition  political  fig- 
ures, even  though  no  formal  legal  grounds  exist  for  such  restrictions.  Customs  and 
immigration  officials  maintain  a  list,  prepared  by  the  Government  in  1996  after  the 
presidential  election,  of  people  who  were  not  permitted  to  leave  Niger. 

Among  the  Hausa  and  Fulani  peoples  in  eastern  Niger,  some  women  are  clois- 
tered and  may  leave  their  homes  only  if  escorted  by  a  male  and  usually  only  after 
dark.  Security  forces  at  checkpoints  monitor  travel  of  persons  and  the  circulation 
of  goods,  particularly  near  major  population  centers,  and  sometimes  demand  extra 
payments.  Attacks  by  bandits  on  major  routes  to  the  north  have  declined  consider- 
ably, although  people  often  travel  in  convoys  with  military  escorts  for  security. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. In  accordance  with  United  Nations  principles,  the  Government  offers  first 
asylum  to  refugees.  To  date  it  has  offered  asylum  to  several  thousand  persons  from 
neighboring  countries,  as  well  as  to  smaller  numbers  from  distant  countries.  There 
are  less  than  600  Chadian  refugees  in  eastern  Niger;  others  returned  voluntarily  to 
Chad  earlier  in  the  year  following  a  repatriation  agreement  between  Niger  and 
Chad.  In  addition  it  was  anticipated  that  several  thousand  Tuareg  refugees  from 
Mali  residing  in  Niger  would  voluntarily  return  to  Mali  with  UNHCR  and  Inter- 
national Committee  of  the  Red  Cross  assistance,  but  by  year's  end  only  small  num- 
bers of  refugees  had  returned.  About  400  refugees  voluntarily  repatriated  in  August 
from  Burkina  Faso.  About  3,500  Nigerien  refugees  in  Algeria  had  been  expected  to 
voluntarily  repatriate  to  Niger  in  1997;  however,  this  repatriation  was  delayed  until 
1998. 

There  were  no  reports  of  forced  repatriation  of  refugees  or  of  forced  return  of  per- 
sons to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  for  the  right  of  citizens  to  change  their  government; 
however,  the  January  1996  coup  and  the  fraudulent  July  1996  presidential  election 
effectively  disenfranchised  citizens,  preventing  them  from  exercising  this  right.  The 
boycotted  November  1996  National  Assembly  elections,  and  the  detention  of  many 
opposition  figures  in  January  leave  this  right  in  question.  President  Bare  rules  by 
decree  when  the  National  Assembly  is  not  in  session,  and  his  regime  continues  to 
govern,  although  its  field  of  maneuver  is  circumscribed  by  fiscal  constraints.  The  ex- 
ecutive is  largely  unchecked  by  the  weak  assembly  and  judicial  branches.  The  Gov- 
ernment and  the  opposition  are  unable  to  reach  agreement  on  a  more  inclusive  and 
representative  government.  Communal  elections  are  proposed  for  early  1998;  the 
next  presidential  and  legislative  elections  are  scheduled  to  be  held  in  2001. 

The  January  1996  coup  d'etat  led  by  (then  Colonel,  now  General  and  President) 
Ibrahim  Mainassara  Bare  overthrew  the  democratically  elected  government.  In  the 
days  following  the  coup.  Bare  and  the  coup  leadership  dissolved  the  National  As- 
sembly, banned  political  party  activity,  suspended  the  1992  Constitution,  and  de- 
clared a  state  of  emergency. 

In  a  1996  referendum  with  a  low  turnout,  voters  approved  a  new  Constitution 
that  reiterated  rights  granted  under  the  1992  document.  The  Constitution  provides 
for  a  political  system  with  checks  and  balances,  an  ethnically  representative  83-seat 
National  Assembly,  and  an  independent  judiciary.  Citizens  18  years  of  age  and  over 
can  vote,  and  balloting  is  by  secret  ballot.  The  most  prominent  constitutional 
changes  are  the  provisions  for  a  stronger  presidency,  which  make  the  Prime  Min- 
ister more  clearly  subordinate  to  the  President. 

The  military  government  organized  presidential  elections  on  July  7  and  8,  1996, 
in  which  General  Bare  ran  against  four  political  party  candidates.  However,  midway 
through  voting,  when  preliminary  results  showed  Barre  running  last,  the  regime 
dismissed  the  indepenaent  electoral  commission,  took  control  oi  ballot  boxes,  and 
prevented  political  party  representatives  and  neutral  observers  from  monitoring  the 
vote  tabulation.  Bare  claimed  52  percent  of  the  votes,  a  result  widely  viewed  as 
fraudulent  by  both  local  and  international  observers. 


254 

In  November  1996,  a  new  National  Assembly  was  chosen  by  popular  vote  in  a  low 
turnout  contest  boycotted  by  most  of  the  political  opposition.  The  legislative  elec- 
tions were  generally  regarded  as  administratively  correct  but  considered  meaning- 
less since  the  opposition  fully  boycotted  them.  Observers  selectively  monitored  the 
elections. 

In  January  the  Government  detained  the  leaders  of  the  three  principal  political 
parties  and  dozens  of  their  supporters,  following  demonstrations  against  the  Gov- 
ernment. The  Government  also  revived  a  State  Security  Court,  broke  up  other  dem- 
onstrations, and  denied  opposition  applications  to  assemble  and  protest. 

On  November  24,  Bare  dismissed  his  government,  citing  its  poor  performance  in 
managing  the  country's  problems.  On  November  28,  he  appointed  the  previous  for- 
eign minister  as  Prime  Minister.  On  December  1,  he  named  a  new  24-member  Grov- 
emment,  which  includes  16  members  from  the  previous  government.  Opposition 
leaders  declined  to  play  a  role  in  the  new  Government. 

Women  traditionally  play  a  subordinate  role  in  politics.  The  societal  practice  of 
husbands'  voting  their  wives'  proxy  ballots  effectively  disenfranchises  many  women. 
This  practice  was  widely  used  in  presidential  and  National  Assembly  elections. 

In  the  National  Assembly  elected  in  November  1996,  only  1  of  the  83  elected 
members  was  female,  compared  with  3  in  the  previous  legislature.  The  last  precoup 
government  appointed  five  women  to  cabinet  positions;  the  present  one  has  three 
Female  ministers. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Several  independent  human  rights  groups  and  associations  normally  operate  with- 
out explicit  governmental  hindrance,  and  they  publish  findings  and  conclusions 
often  highly  critical  of  the  Government,  in  their  own  publications  and  in  the  small 
independent  press.  However,  the  Government  maintains  a  certain  atmosphere  of  in- 
timidation, notably  as  a  result  of  the  restrictive  press  law  and  its  use  to  charge  and 
convict  a  newspaper  publisher  and  human  rights  group  head  for  publication  ofinter- 
nal  government  documents  and  defamation  of  the  President  (see  Section  2. a.).  Domi- 
nant among  the  associations  are  the  Nigerien  Association  for  the  Defense  of  Human 
Rights  (ANDDH);  Democracy,  Liberty,  and  Development  (DLD);  the  Nigerien 
League  for  Defense  of  Human  Rights;  Adalci;  the  Network  for  the  Integration  and 
Diffusion  of  Rights  in  the  Rural  Milieu  (known  as  "ridd-fitla  ");  the  Niger  Independ- 
ent Majgistrates  Association  (SAMAN);  and  the  Association  of  Women  Jurists  of 
Niger.  Tnere  are  several  other  women's  rights  groups.  The  International  Committee 
of  the  Red  Cross  is  active  in  Niger.  In  November  the  Government  banned  a  protest 
meeting  by  two  groups  intending  to  protest  the  conviction  of  a  journalist  under  the 
stringent  new  press. 

In  1996  an  association  of  local  NGO's  representing  all  political  views  created  an 
umbrella  association,  the  "CollectiT,  to  promote  human  rights  and  democracy.  The 
Collectif  continued  to  operate,  but  was  less  active  during  the  year. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  sex,  social  origin,  race,  eth- 
nicity, or  religion.  In  practice,  however,  there  is  discrimination  against  women,  chil- 
dren, ethnic  minorities,  and  disabled  persons,  including  limited  economic  and  politi- 
cal opportunities. 

Women. — Domestic  violence  against  women  is  widespread,  although  firm  statistics 
are  lacking.  Wife  beating  is  reportedly  common,  even  in  upper  social  strata.  Fami- 
lies often  intervene  to  prevent  the  worst  abuses,  and  women  may  (and  do)  divorce 
because  of  physical  abuse.  While  women  have  the  right  to  seek  redress  in  the  cus- 
tomary or  modem  courts,  few  do  so  from  ignorance  ol  the  legal  system,  fear  of  social 
stigma,  and  fear  of  repudiation.  Women's  rights  organizations  report  that  prostitu- 
tion is  often  the  only  economic  alternative  for  a  woman  who  wants  to  leave  her  hus- 
band. 

Despite  the  Constitution's  provisions  for  women's  rights,  the  deep-seated  tradi- 
tional belief  in  the  submission  of  women  to  men  results  in  discrimination  in  the  po- 
litical process  (see  Section  3),  and  in  education,  employment,  and  property  rights. 
Discrimination  is  worse  in  rural  areas,  where  women  do  much  of  the  subsistence 
farming  as  well  as  child  rearing,  water  and  wood  gathering,  and  other  chores.  De- 
spite comprising  47  percent  of  the  work  force,  women  have  made  only  modest  in- 
roads in  civil  service  and  professional  employment  and  remain  undentjpresented  in 
these  areas. 

Women's  inferior  legal  status  is  evident,  for  example,  in  head  of  the  household 
status:  a  male  head  of  household  has  certain  legal  rights;  but  divorced  or  widowed 


255 

women,  even  with  children,  are  not  considered  to  be  the  heads  of  their  households. 
In  1995  the  Government  considered  a  draft  family  code  modeled  on  codes  in  other 
African  Muslim  countries  intended  to  eliminate  gender  bias  in  inheritance  rights, 
land  tenure,  and  child  custody,  as  well  as  end  the  practice  of  repudiation,  which  per- 
mits a  husband  to  obtain  an  immediate  divorce  with  no  further  responsibility  for 
his  wife  or  children.  In  June  1995,  when  Islamic  associations  condemned  the  draft 
code,  the  Government  suspended  discussions  and  has  taken  no  further  action,  nor 
has  the  current  legislature  discussed  the  family  code.  Islamic  militants  reportedly 
threatened  women  who  supported  the  code  with  physical  harm. 

Children. — Although  the  Constitution  provides  that  the  State  promote  children's 
welfare,  financial  resources  are  extremely  limited.  Only  about  25  percent  of  children 
of  primary  school  age  attend  school,  and  about  60  percent  of  those  finishing  primary 
school  are  boys.  The  majority  of  young  girls  are  kept  at  home  to  work  and  rarely 
attend  school  for  more  than  a  few  years,  resulting  in  a  female  literacy  rate  of  7  per- 
cent, versus  18  percent  for  males.  Tradition  among  some  ethnic  groups  allows  young 
girls  from  rural  families  to  enter  marriage  agreements  on  the  oasis  of  which  girls 
are  sent  at  the  age  of  10  or  12  to  join  tneir  husband's  family  under  the  tutelage 
of  their  mother-in^aw.  There  are  credible  reports  of  underage  girls  being  drawn  into 
prostitution,  sometimes  with  the  complicity  of  the  family. 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  practiced 
by  several  ethnic  groups  in  the  extreme  western  and  far  eastern  areas  of  the  coun- 
try. Clitoridectomy  is  the  most  conrmon  form  of  FGM.  FGM  is  not  illegal,  but  the 
Government  is  firmly  engaged  in  an  efTort  to  eliminate  the  practice.  Tne  Govern- 
ment is  working  closely  with  a  local  NGO,  United  Nations  Children's  Fund,  and 
other  donors  to  develop  and  distribute  educational  materials  at  government  clinics 
and  maternal  health  centers. 

People  With  Disabilities. — The  Constitution  mandates  that  the  State  provide  for 
people  with  disabilities.  However,  the  Government  has  yet  to  implement  regulations 
that  call  for  accessibility  to  buildings  and  education  for  those  with  special  needs.  So- 
cietal discrimination  against  people  with  disabilities  exists. 

National/ Racial / Ethnic  Minorities. — Ethnic  minorities — Tuareg,  Fulani,  Toubou, 
Kanouri,  and  Arab — continue  to  assert  that  the  far  more  numerous  Hausa  and 
Djerma  ethnic  groups  discriminate  against  them.  The  Djerma  and  Hausa  dominate 
government  and  business.  The  Government  has  supported  greater  minority  rep- 
resentation in  the  National  Assembly  and  increased  education  and  health  care.  It 
supports  the  April  1995  peace  accord  calling  for  special  development  efTorts  in  the 
north  where  the  Tuareg  population  is  dominant.  However,  nomadic  peoples,  such  as 
Tuaregs  and  many  Fulani,  continue  to  have  less  access  to  government  services. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  formal  recognition  of 
workers'  longstanding  right  to  establish  and  join  trade  unions.  However,  more  than 
95  percent  of  the  work  force  is  employed  in  the  nonunionized  subsistence  agricul- 
tural and  small  trading  sectors. 

The  National  Union  of  Nigerien  Workers  (USTN),  a  federation  made  up  of  38 
unions,  represents  the  majority  of  salary  earners;  most  are  government  employees, 
such  as  civil  servants,  teachers,  and  employees  in  state-owned  corporations.  The 
USTN  and  the  affiliated  National  Union  of"  Nigerien  Teachers  (SNEN)  profess  politi- 
cal autonomy,  but,  like  most  unions,  have  informal  ties  to  political  parties.  There 
is  also  a  small  breakaway  union  confederation,  and  independent  teachers'  and  mag- 
istrates' unions. 

However,  police,  water,  and  forest  worker  unions,  shut  down  by  the  Government 
in  1996  because  of  their  "paramilitary  nature,"  remain  suspended.  The  customs 
workers  union,  suspended  in  1996  for  the  same  stated  reason,  was  dissolved  on 
March  24. 

The  Constitution  provides  for  the  right  to  strike,  except  for  security  forces  and  po- 
lice. In  March  1994,  the  National  Assembly  passed  a  strike  law  specifying  that  labor 
must  give  notice  and  begin  negotiations  before  work  is  stopped;  that  public  workers 
must  maintain  a  minimum  level  of  service  during  a  strike;  that  the  Government  can 
requisition  workers  to  guarantee  minimum  service;  and  that  striking  public  sector 
workers  will  not  be  paid  for  the  time  they  are  on  strike.  The  latter  condition  already 
prevailed  in  the  private  sector. 

During  1997  labor  continued  to  challenge  the  Government  on  various  issues  af- 
fecting workers.  The  USTN  called  many  short  strikes,  generally  of  1  to  3  days'  dura- 
tion and  unevenly  observed,  to  support  its  demands  for:  Payment  of  several  months' 
wage  arrears;  cancellation  of  salary  reductions  for  civil  servants  and  an  increase  in 
income  tax  rates;  and  an  end  to  government  plans  to  privatize  several  state  enter- 


256 

prises.  The  USTN  also  sought  the  release  of  several  trade  unionists  arrested  in 
March  on  charges  of  sabotage  (19  were  released,  4  were  sentenced  from  2  months 
to  2  years  in  jail).  Although  these  strikes  failed  to  achieve  all  their  objectives,  they 
indicated  that  the  right  to  strike,  within  accepted  procedures,  is  permitted.  Teachers 
at  the  University  of  Niamey  began  an  open-ended  strike  on  October  22  (see  Section 
2. a.)  which  was  resolved  by  year's  end. 

The  USTN  is  a  member  of  the  Organization  of  African  Trade  Union  Unity  and 
abides  by  that  organization's  policy  of  having  no  formal  affiliations  outside  the  Afri- 
can continent.  However,  it  enjoys  assistance  from  some  international  unions,  and  in- 
dividual unions  such  as  the  teachers  union  are  affiliated  with  international  trade 
secretariats. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — In  addition  to  the  Constitu- 
tion and  the  Labor  Code,  there  is  a  basic  framework  agreement,  negotiated  by  the 
USTN's  predecessor,  employers,  and  the  Government,  which  defines  all  classes  and 
categories  of  work,  establishes  basic  conditions  of  work,  and  defines  union  activities. 
In  private  and  state-owned  enterprises,  unions  widely  use  their  right  to  bargain  col- 
lectively with  management  without  government  interference  for  wages  over  and 
above  tne  statutory  minimum  as  well  as  for  more  favorable  work  conditions.  Collec- 
tive bargaining  also  exists  in  the  public  sector.  However,  since  most  organized  work- 
ers, including  teachers,  are  government  employees,  the  Government  is  actually  in- 
volved in  most  bargaining  agreements.  The  USTN  represents  civil  servants  in  bar- 
gaining with  the  (jovernment,  and  labor/management  agreements  apply  uniformly 
to  all  employees. 

The  Labor  Code  is  based  on  International  Labor  Organization  principles;  it  pro- 
tects the  right  to  organize  and  prohibits  antiunion  discrimination  by  employers. 
Labor  unions  reported  no  such  discrimination. 

There  are  no  export  processing  zones. 

c.  Prohibition  oj  Forced  or  Compulsory  Labor. — The  Labor  Code  prohibits  forced 
or  compulsory  labor,  except  for  legally  convicted  prisoners.  The  Code  does  not  spe- 
cifically prohibit  forced  or  bonded  labor  by  children.  There  were  no  reports  of  viola- 
tions. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Child 
labor  in  nonindustrial  enterprises  is  permitted  by  law  under  certain  conditions. 
Children  under  the  age  of  14  must  obtain  special  authorization  to  work,  and  those 
14  to  18  years  of  age  are  subject  to  limitation  on  hours  (a  maximum  of  4V'2  hours 
per  day)  and  types  of  employment  (no  industrial  work)  so  that  schooling  may  con- 
tinue. Minimum  compulsory  education  is  6  years,  but  far  fewer  than  half  of  school- 
age  children  complete  6  years  of  education. 

The  law  requires  employers  to  ensure  minimum  sanitary  working  conditions  for 
children.  Law  and  practice  prohibit  child  labor  in  industrial  work.  F'orced  or  bonded 
labor  by  children  is  not  specifically  prohibited  (see  Section  6.c.).  Ministry  of  Labor 
inspectors  enforce  child  labor  laws.  Child  labor  is  practically  nonexistent  in  the  for- 
mal (wage)  sector,  although  children  work  in  the  unregulated  agricultural,  commer- 
cial, and  artisan  sectors,  and  some,  especially  foreign  youths,  are  hired  in  homes  as 
general  helpers  and  baby  sitters  for  very  low  pay.  Rural  children  (the  majority)  reg- 
ularly work  with  their  families  from  a  very  early  age— helping  in  the  fields,  pound- 
ing grain,  tending  animals,  getting  firewood  and  water,  and  other  similar  tasks. 
Some  children  are  kept  out  of  school  to  guide  a  blind  relative  on  begging  rounds. 
Others  are  sometimes  employed  by  marabouts  (Koranic  teachers)  to  beg  in  the 
streets.  There  is  no  official  regulation  of  this  labor. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  establishes  a  minimum  wage 
for  salaried  workers  of  each  class  and  category  within  the  formal  sector.  The  lowest 
minimum  is  approximately  $34  (20,500  cfa  francs)  per  month.  Additional  salary  is 
granted  for  each  family  member  and  for  such  working  conditions  as  night  shifts  and 
required  travel.  Minimum  wages  are  not  sufficient  to  provide  a  decent  living  for 
workers  and  their  families.  Government  salaries  are  substantially  in  arrears,  which 
was  a  factor  in  stimulating  the  strike  by  teachers  at  the  University  of  Niamey.  Most 
households  have  multiple  earners  (largely  informal  commerce)  and  rely  on  the  ex- 
tended family  for  support. 

The  legal  workweek  is  40  hours  with  a  minimum  of  one  24-hour  rest  period.  How- 
ever, for  certain  occupations  the  Ministry  of  Labor  authorizes  longer  workweeks — 
up  to  72  hours.  There  were  no  reports  of  violations. 

The  Labor  Code  also  establishes  occupational  safety  and  health  standards;  Min- 
istry of  Labor  inspectors  enforce  these  standards.  Due  to  staff  shortages,  however, 
inspectors  focus  on  safety  violations  only  in  the  most  dangerous  industries:  Mining; 
building;  and  manufacturing.  Although  generally  satisfied  with  the  safety  equip- 
ment provided  by  employers,  citing  in  particular  adequate  protection  from  radiation 
in  the  uranium  mines,  unions  say  workers  should  be  better  informed  of  the  risks 


257 

posed  by  their  jobs.  Workers  have  the  right  to  remove  themselves  from  hazardous 
conditions  without  fear  of  losing  their  jobs. 


NIGERIA 

General  Sani  Abacha,  who  seized  power  in  a  palace  coup  in  November  1993,  re- 
mained Head  of  State  throughout  1997.  Under  Abacha,  tne  main  decisionmaking 
organ  is  the  exclusively  military  Provisional  Ruling  Council  (PRC),  which  rules  by 
decree.  The  PRC  oversees  the  33-member  Federal  Executive  Council  composed  of 
military  ofllcers  and  civilians.  Pending  the  promulgation  of  the  Constitution  written 
by  the  Constitutional  Conference  in  1995  and  subsequently  approved  by  the  Head 
of  State,  the  Government  observes  some  provisions  of  the  1979  and  1989  Constitu- 
tions. The  decree  suspending  the  1979  Constitution  was  not  repealed  and  the  1989 
Constitution  was  not  implemented.  The  transition  timetable  announced  by  Abacha 
in  1995,  which  purports  to  return  the  country  to  democratically  elected  civilian  gov- 
ernment by  October  1,  1998,  underwent  significant  revisions  in  July.  The  judiciary's 
authority  and  independence  are  significantly  impaired  by  the  military  regime's  arro- 
gation  of  judicial  power  and  prohibition  of  court  review  of  its  action. 

The  Government  continued  to  enforce  its  arbitrary  authority  through  the  Federal 
Security  System  (the  military,  the  State  Security  Service  (SSS),  the  national  police, 
and  other  regulatory  and  law  enforcement  agencies),  a  variety  of  official  and  quasi- 
governmental  security  forces,  and  through  decrees  blocking  action  by  the  opposition 
in  the  courts.  All  branches  of  the  security  forces  committed  serious  human  rights 
abuses. 

Most  of  the  approximately  105  million  population  is  rural,  engaging  in  small-scale 
agriculture.  Oil  exports  account  for  over  90  percent  of  national  foreign  exchange 
earnings.  The  economy  stagnated  during  the  year,  and  gross  domestic  product  per 
capita  dropped  to  $260  after  marginal  growth  in  1996.  The  general  level  of  economic 
activity  continued  to  be  depressed,  with  factory  capacity  utilization  remaining  in  the 
30  percent  range,  and  many  major  companies  reporting  lower  profits  and  expanding 
inventories.  Endemic  corruption  and  recurring  fuel  shortages  further  hindered  the 
functioning  of  the  economy.  There  was  a  continued  lack  of  transparency  in  govern- 
ment transactions.  Government  control  over  the  economy  remained  extensive,  in- 
cluding government  mandated  below-market  fuel  prices.  Although  the  Government 
continued  to  espouse  a  program  of  "guided  deregulation,"  actual  steps  taken  to  liber- 
alize investment  and  foreign  exchange  rules  were  disappointing. 

The  Government's  human  rights  record  remained  dismal.  Throughout  the  year, 
Abacha's  Government  relied  regularly  on  arbitrary  detention  and  harassment  to  si- 
lence its  most  outspoken  critics.  The  winner  of  the  annulled  1993  presidential  elec- 
tion, Chief  Moshood  K.O.  Abiola,  remained  in  detention  on  charges  of  treason,  as 
did  prominent  politician  Olu  Falae,  prodemocracy  activist  Fredrick  Fasehun,  and 
several  others.  Although  Abacha  announced  on  November  17  that  he  would  release 
political  detainees,  the  Government  failed  to  do  so  by  year's  end.  Security  forces  con- 
tinued to  commit  extrajudicial  killings  and  use  excessive  force  to  quell 
antigovernment  protests  as  well  as  to  combat  crime,  resulting  in  the  death  or  injury 
of  many  individuals,  including  innocent  civilians.  Security  foixes  tortured  and  beat 
suspects  and  detainees.  There  were  many  reports  of  sexual  abuse  of  female  suspects 
and  prisoners  by  security  forces.  Prison  conditions  remained  life  threatening;  many 
prisoners  died  in  custody.  The  Government  repeatedly  engaged  in  arbitrary  arrest 
and  detention,  and  lengthy  pretrial  detention  is  a  problem.  Security  services  rou- 
tinely harassed  human  rights  and  prodemocracy  groups,  including  labor  leaders, 
journalists,  and  student  activists.  The  Government  also  infringed  on  citizens'  right 
to  privacy. 

Citizens  do  not  have  the  right  to  change  their  government  by  peaceful  means.  De- 
spite the  announced  timetable  for  transition  from  military  to  multiparty  rule,  there 
was  little  meaningful  progress  toward  democracy.  Local  government  elections  held 
on  March  15  were  largely  peaceful,  but  a  flawed  voter  registration  process, 
preelection  screenings  of  candidates,  and  unresolved  debates  over  the  delineation  of 
constituencies  cast  doubts  upon  the  exercise.  In  April  the  Government  issued  Decree 
Number  7,  which  allowed  for  the  arbitrary  removal  of  any  elected  official  by  the 
Head  of  State.  Several  disputes  over  election  results  remained  unresolved  at  year's 
end.  On  July  3,  the  Transition  Implementation  Committee  announced  significant 
changes  to  the  transition  to  civil  rule  program  outlined  in  1995.  State  assembly  elec- 
tions, moved  from  the  third  to  the  fourth  quarter  of  the  year,  took  place  on  Decem- 
ber 6.  Although  they  showed  some  improvement  over  the  March  local  government 
elections,  they  were  Hawed,  and  the  authorities  annulled  the  results  in  some  con- 


258 

stituencies  and  called  for  by-elections.  Under  the  new  timetable,  gubernatorial  elec- 
tions originally  scheduled  for  the  end  of  the  year  were  postponed  until  1998,  and 
the  inauguration  of  governors  and  state  assemblies  was  rescheduled  for  September 
1998.  The  presidential  election  remains  scheduled  for  August  1,  1998,  with  the  inau- 
guration of  a  civilian  government  to  follow  on  October  1. 

The  Government's  reliance  on  tribunals,  which  operate  outside  the  constitutional 
court  system,  and  harsh  decrees  prohibiting  judicial  review  seriously  undermined 
the  integrity  of  the  judicial  process  and  often  resulted  in  legal  proceedings  that  de- 
nied deienaants  due  process.  Former  head  of  state  Olusegun  Obasanjo  and  more 
than  30  others  convicted  by  secret  military  tribunals  remained  in  prison  for  their 
alleged  roles  in  a  purported  March  1995  coup  plot.  Obasanjo's  erstwhile  deputy  and 
outspoken  National  Constitutional  Conference  delegate  Shehu  Musa  Yar'Adua,  one 
of  those  imprisoned  for  the  alleged  March  1995  coup  plot,  died  in  government  cus- 
tody on  December  8,  provoking  Targe  public  protests  in  the  north,  i  ar'Adua's  death 
appears  to  have  been  from  natural  causes  exacerbated  by  lack  of  proper  medical  at- 
tention. Several  days  later  a  newspaper  reported  that  another  of  the  coup  plotters, 
staff  sergeant  Patrick  Usikekpo,  had  died  in  prison  of  typhoid  fever  at  an  undeter- 
mined date  late  in  the  year.  Leading  attorney  and  former  presidential  aspirant 
Otunba  Olabiyi  Durojaiye  was  held  incommunicado  without  charge  throughout  the 
year,  the  Government  ignored  court  orders  to  bring  his  case  to  court.  The  Govern- 
ment's frequent  refusal  to  respect  court  rulings  also  undercut  the  independence  and 
integrity  of  the  judicial  process. 

On  December  21,  the  Government  announced  the  arrest  of  the  country's  second 
highest-ranking  military  officer.  Chief  of  General  StafT  Lieutenant  General  Oladipo 
Diya,  10  other  officers,  and  1  civilian  on  charges  of  coup  plotting.  Subsequently,  the 
Government  announced  that  it  had  arrested  an  unstated  number  of  additional  per- 
sons for  roles  in  the  purported  coup  plot,  and  that  it  would  try  the  accused  beiore 
a  military  tribunal.  By  year's  end,  the  Government  had  not  released  details  of  the 
alleged  plot,  although  its  public  pronouncements  were  prejudicial  to  the  presump- 
tion of  innocence  for  the  accused. 

Other  human  rights  problems  included  infringements  on  freedom  of  speech,  press, 
assembly,  association,  and  travel;  violence  and  discrimination  against  women;  and 
female  genital  mutilation.  Worker  rights  deteriorated  as  the  Government  continued 
to  interfere  with  organized  labor.  The  Government  further  weakened  the  independ- 
ence and  viability  of  the  labor  movement  by  enacting  decrees  and  taking  other 
measures  that  restricted  fundamental  rights  of  association. 

The  National  Human  Rights  Commission  (NHRC),  established  by  the  Government 
in  1995  but  not  inaugurated  until  June  1996,  was  slow  to  get  started  but  met  sev- 
eral times  with  indejjendent  human  rights  groups  and  began  a  nationwide  review 
of  prison  conditions.  Public  opinion  of  the  NHRC  was  mixed,  as  some  hoped  that 
the  Commission  might  prove  useful  while  others  dismissed  it  as  irrelevant. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From:  , 

a.  Political  and  Other  Extrajudicial  Killing. — As  in  previous  years,  security  forces 
committed  extrajudicial  killings  and  used  excessive  lorce  to  quell  antigovernment 
and  prodemocracy  protests  and  civil  unrest.  Credible  reports  by  domestic  human 
rights  groups  indicate  numerous  deaths  of  suspects  in  the  custody  of  security  forces. 
These  reports  are  consistent  with  other  credible  accounts  of  abuse,  including  the  use 
of  torture  to  extract  criminal  confessions.  The  Government  seldom  held  security 
forces  accountable  for  their  use  of  excessive,  deadly  force  or  for  the  death  of  individ- 
uals in  custody.  The  Government's  inaction  fostered  a  climate  of  impunity  in  which 
these  abuses  flourished.  Widespread  violent  crime  prompted  a  proliferation  of  sup- 
plemental security  forces,  including  state  organized  paramilitary  foTx:es,  personal  se- 
curity teams,  special  squads,  civil-military  task  forces,  and  quasi-governmental  vigi- 
lante groups.  Security  forces  employed  roadblocks  and  checkpoints  where  extortion, 
violence,  and  lethal  force  were  common.  Accounts  of  security  officers  shooting  at  in- 
dividuals who  refused  to  pay  bribes,  comply  with  security  orders,  or  who  simply  ap- 
peared "suspicious"  resulted  in  numerous  deaths  and  injuries. 

In  January  security  forces  called  to  quell  disturbances  at  Lagos  State  University 
shot  and  killed  two  students  (see  Section  2. a.).  In  February  police  killed  ?iyc  Muslim 
demonstrators  in  Kano  (see  Section  2.c.).  In  April  Florence  Okoye,  a  passenger  in 
a  private  commuter  bus,  was  fatally  wounded  when  members  of  the  Lagos  State 
Task  Force  on  Environmental  Sanitation  and  Special  Offenses  shot  at  the  Bus  when 
the  driver  allegedly  failed  to  stop  on  demand.  The  bus  driver  may  have  been  in- 
volved in  an  earlier  altercation  with  task  force  members  over  illegal  parking;  Okoye, 
who  was  shot  in  the  thigh  as  she  disembarked  and  subsequently  bled  to  death,  was 


259 

an  unintended  casualty.  On  June  26,  37-year-old  bus  driver  Bassey  Paul  was  killed 
after  security  forces,  including  members  of  the  National  Drug  Law  Enforcement 
Agency  (NDLEA),  police,  military,  customs,  and  immigration,  stopped  his  bus  at  a 
checkpoint.  During  an  argument  between  competing  security  forces,  the  unarmed 
Paul  was  shot  through  the  chest  and  died  instantly.  Similar  accounts  of  excessive 
use  of  force  and  extrajudicial  killings  at  checkpoints  were  recorded  throughout  the 
year.  There  has  been  no  ofTicial  reaction  to  the  violence  at  checkpoints.  In  late  No- 
vember, a  mobile  policeman  in  Delta  State  allegedly  killed  Solomon  Areigbore,  a 
local  prince,  after  he  drove  through  a  roadblock  without  paying  a  bribe.  The  police- 
men reportedly  pursued  Areigbore,  stopped  him  at  his  house,  and  then  one  police- 
man shot  him  in  the  head.  Areigbore's  aeath  led  to  an  attack  on  the  divisional  police 
station  by  local  youths.  The  police  commander  for  the  Delta  area  had  no  comment, 
and  no  action  had  been  taken  against  the  policemen  by  year's  end. 

On  July  1,  newspaper  vendor  Godfrey  Chukwu  was  fatally  wounded  when  uni- 
formed soldiers  in  an  Operation  Sweep  vehicle  fired  shots  from  their  car  window. 
According  to  eyewitnesses,  Chukwu  was  selling  newspapers  by  the  roadside  and  was 
shot  in  the  head  by  a  stray  bullet.  It  was  not  clear  whether  the  security  team  was 
chasing  a  suspect  or  merely  firing  at  random.  An  employee  of  the  national  fertilizer 
company  was  shot  and  killed  on  July  12  by  Rivers  State  Internal  Security  Task 
Force  (KSISTF)  members  who  openea  fire  on  a  private  transport  bus  for  allegedly 
violating  travel  restrictions  in  efiect  on  federally  designated  environmental  cleanup 
days.  Two  other  passengers  on  the  bus  were  injured.  Secondary  school  student 
Saheed  Arasi  also  died  in  July  after  becoming  involved  in  an  altercation  with  a  po- 
liceman on  the  trail  of  suspected  drug  dealers.  Arasi  was  shopping  in  an  outdoor 
market  when  the  policeman  stopped  him,  accused  him  of  criminal  activity,  and,  de- 
spite his  protests  of  innocence  and  the  corroboration  of  nearby  witnesses,  shot  him 
in  the  head  at  point  blank  range.  As  a  result  of  the  incident,  a  mob  later  approached 
the  local  police  station  brandishing  cans  of  gasoline  and  threatening  to  bum  down 
the  office.  The  Government  has  taken  no  legal  action  against  the  policeman. 

Repeated  fuel  shortages  often  stimulated  incidents,  and  armed  security  forces 
killed  several  people  when  special  treatment  was  refused.  In  March  the  body  of  gas 
station  manager  Kehinde  Ehindero  was  delivered  to  the  Ondo  state  specialist  hos- 
pital after  armed  men  claiming  to  be  NDLEA  ofiicials  had  arrested  him  earlier  in 
the  day.  The  station  owner  reported  that  the  security  men  had  become  enraged  after 
their  request  for  fuel  was  denied  because  the  station  had  only  kerosene  in  stock. 
Hospital  staff  confirmed  that  the  body  was  brought  to  the  hospital  by  an  NDLEA 
officer,  who  they  then  turned  over  to  the  police.  According  to  police  on  duty,  the  ofTi- 
cer  was  released  upon  orders  from  "above."  On  June  21,  an  altercation  at  a  gas  sta- 
tion in  Ogun  state  turned  violent  when  an  attendant  refused  to  provide  fuel  on  de- 
mand to  a  deputy  superintendent  of  customs  and  three  uniformed  customs  officers. 
According  to  eyewitness  reports,  the  deputy  superintendent  hit  the  attendant  sev- 
eral times  on  the  head  with  the  butt  of  his  rifle  before  station  manager  James 
Olugbenga  Dosumu  intervened.  The  superintendent  then  shot  the  unarmed  Dosumu 
in  the  chest  at  close  range.  He  died  instantly.  The  GovPTiment  has  taken  no  action 
against  the  deputy  superintendent. 

Credible  reports  of  security  forces  shooting  people  suspected  of  armed  robbery  or 
other  crimes  continued  throughout  the  year,  and  excessive  use  of  force  in  response 
to  demonstrations  resulted  in  the  deaths  of  many  unarmed  civilians.  On  February 
6,  Lagos  police  shot  and  killed  seven  people  accused  of  robbery.  The  victims  included 
an  elementary  school  teacher.  Police  claimed  that  the  suspects  resisted  arrest.  On 
March  17,  Oghenebrume  Eburu  was  shot  and  killed  in  Warri,  Delta  state,  by  secu- 
rity escorts  of  navy  Captain  Ekpeyong  Ita  during  a  protest  march  following  the 
March  15  elections.  Soldiers  sent  to  quell  disturbances  in  Warri  in  March  were 
given  shoot-to-kill  orders,  but  no  shots  were  fired  and  no  demonstrators  killed.  In 
August  police  ofiicials  in  Kaduna  state  opened  fire  on  demonstrators  protesting  the 
continued  detention  of  religious  leader  Sheikh  Ibrahim  \1-Zakzaky  and  killed  four 
people.  In  February  Operation  Sweep  forces  shot  and  killed  two  student  demonstra- 
tors (see  Section  2. a.).  Security  forces  sometimes  turned  against  each  other,  and  as 
many  as  80  people  were  injured  and  1  policeman  was  killed  in  the  northern  city 
of  Kano  in  April  after  fighting  broke  out  between  soldiers  and  policemen.  Report- 
edly, the  clasn  was  caused  by  policemen  arresting  ofT  duty  soldiers  suspected  of 
marijuana  possession.  In  May  a  confrontation  between  Federal  Aviation  Authority 
security  agents  and  members  of  the  Air  Force  Presidential  Task  P"'orce  turned  vio- 
lent as  members  of  the  two  security  forces  fired  on  each  other.  Although  no  one  was 
killed,  a  third  security  force  (the  police)  had  to  intervene  to  end  the  shooting.  On 
September  29,  four  boatloads  of  soldiers  reportedly  attacked  the  ethnic  Ijaw  village 
of  Ekermor  Zion,  Delta  State,  killed  1  man,  detained  58  others,  and  destroyed  10 
homes.  The  attack  was  an  apparent  reprisal  against  the  town  for  the  earlier  dis- 


260 

appearance  and  presumed  killing  of  four  soldiers  who  reportedly  were  involved  in 
extorting  money  from  the  community. 

The  harsh  interrogation  methods  reportedly  practiced  by  some  security  officers  re- 
sulted in  the  deaths  while  in  custody  of  several  people.  The  Civil  Liberties  Organiza- 
tion, a  domestic  nongovernmental  human  rights  group,  called  for  a  formal  investiga- 
tion into  the  death  of  Victor  Udoma  while  in  the  custody  of  the  Special  Fraud  Unit 
of  the  Lagos  state  police.  Udoma  was  arrested  on  May  12  in  connection  with  crimes 
committed  by  his  employer  and  died  after  2  weeks  in  detention.  The  official  report 
released  by  authorities  attributed  his  death  to  "infectious  diseases."  Afler  6  months 
in  detention  by  the  Lagos  Special  Antirobbery  Squad,  the  bodies  of  two  security 
guards  employed  by  a  Lagos  company  were  deposited  at  the  state  general  hospital 
mortuary  in  January.  The  men  were  originally  arrested  for  suspected  complicity  in 
a  robbery  at  the  company  premises.  The  two  were  never  charged  with  a  crime  and 
no  explanation  for  their  deaths  has  been  forthcoming. 

There  were  no  developments  in  the  June  1996  slaying  of  Kudirat  Abiola,  out- 
spoken senior  wife  of  M.K.O.  Abiola  or  the  October  1995  killing  of  political  leader 
Alfred  Rewane.  The  perpetrators  were  never  found  and  the  Government  ceased  in- 
vestigations shortly  aflerwards,  asserting  without  evidence  that  the  attack  was 
staged.  No  progress  was  made  in  the  investigation  of  the  January  1996  attempted 
murder  of  prominent  independent  publisher  Alex  Ibru. 

Nigerian  forces  in  the  West  African  Peacekeeping  Force  in  Sierra  Leone  at  times 
used  excessive  force.  In  June  Nigerian  warships  shelled  Freetown,  apparently  trying 
to  hit  army  headquarters.  More  than  30  civilians  were  killed  in  September  at  a 
dockside  marketplace  in  Freetown  when  Nigerian  troops  fired  at  ships  unloading 
rice  in  defiance  of  a  West  African  embargo.  In  October  Nigerian  planes  bombed  a 
television  and  radio  station  near  the  capital. 

A  series  of  bombings  in  Lagos,  which  later  spread  to  other  parts  of  the  country, 
resulted  in  several  deaths  and  many  injuries.  On  January  7,  an  explosion  near 
Abati  military  barracks  in  Lagos  left  2  soldiers  dead  and  29  injured.  On  February 
12,  a  bomb  in  the  Maryland  district  of  Lagos  injured  nine  persons.  On  May  7,  a 
bomb  detonated  as  a  military  truck  passed  a  busy  thoroughfare  in  Lagos,  leaving 
four  soldiers  injured.  An  explosion  in  the  southwestern  city  of  Ibadan  on  May  12 
damaged  a  military  vehicle  but  killed  none  of  the  soldiers  and  police  on  board.  In 
May  lour  people  were  killed  and  several  others  wounded  when  two  bombs  exploded 
in  Onitsha,  Anambra  state,  in  eastern  Nigeria,  one  outside  a  mosque  and  the  other 
in  an  open  market.  An  August  6  bomb  blast  outside  a  cathedral  in  Port  Harcourt 
left  one  person  dead.  On  September  2,  a  bomb  exploded  outside  the  offices  of  the 
Ekiti  state  military  administrator.  The  administrator  escaped  unhurt  but  four  chil- 
dren were  injured.  Late  in  1996  and  early  in  1997,  the  Government  arrested  several 
leading  opposition  figures  including  Fred  Fasehun  and  Olu  Falae,  and  brought 
charges  against  government  critics  Wole  Soyinka,  Anthony  Enahoro,  and  General 
Alex  Akinrinade,  all  living  in  self-imposed  exile,  in  connection  with  the  bombs,  but 
by  year's  end  had  not  made  public  the  substance  of  the  case  against  the  men  (see 
Section  l.d.). 

b.  Disappearance. — Government  detention  practices  cause  many  persons  to  be 
"missing"  for  extended  periods.  The  only  known  case  of  a  politically  motivated  dis- 
appearance was  that  of  former  Razor  newspaper  editor  Moshood  Fayemiwo,  who 
spent  7  months  in  detention  before  escaping  to  neighboring  Benin  in  September 
1996.  On  P^ebruary  14,  P^ayemiwo  disappeared  from  the  United  Nations  refugee 
camp  where  he  had  been  living  with  his  family.  Mrs.  P'ayemiwo  reported  that  her 
husband  had  been  kidnaped  by  "unknown  security  agents,"  but  reliable  sources 
claim  that  he  is  being  held  incommunicado  by  Nigerian  security  services.  The  Gov- 
ernment was  asked  repeatedly  about  the  case  by  the  media,  but  did  not  acknowl- 
edge any  involvement. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  1979  Constitution  (suspended)  and  the  1989  Constitution  (never  implemented) 
prohibit  torture  and  mistreatment  of  prisoners  and  provide  criminal  sanctions  for 
such  excesses.  The  H)vidence  Act  of  1960  prohibits  the  introduction  of  evidence  ob- 
tained through  torture.  Nevertheless,  detainees  frequently  died  while  in  custody  (see 
Section  l.a.),  and  there  were  credible  reports  that  security  officers  seeking  to  extract 
confessions  regularly  beat  suspects,  detainees,  and  convicted  prisoners.  Security  offi- 
cers tortured  prisoners  with  whippings,  suspension  by  the  limbs  from  the  ceiling, 
burning  with  candles,  and  extraction  of  teeth.  Detainees  are  often  kept  incommuni- 
cado for  long  periods  of  time  (see  Section  l.d.). 

There  were  continued  reports  of  torture  or  abuse  by  the  Rivers  State  Internal  Se- 
curity Task  VoTcc  in  Ogoniland.  Reported  abuses  included  extrajudicial  killings, 
beating  a  victim's  head  with  a  gun  butt,  and  arbitrary  detention. 


261 

In  pursuit  of  their  objectives,  security  forces,  task  force,  and  other  law  enforce- 
ment personnel  routinely  assaulted  or  arrested  anyone  perceived  as  uncooperative 
or  "^indisciplined,"  usually  market  women,  traders,  street  hawkers,  children,  jay- 
walkers, or  errant  drivers. 

Several  instances  of  violence  against  prominent  individuals  or  strategic  targets  oc- 
curred throughout  the  year,  but  government  investigations  into  the  causes  of  the  at- 
tacks were  halfhearted  and  inconclusive.  In  January  gunmen  fired  into  the  car  of 
National  Democratic  Coalition  (NADECO)  leader  Abraham  Adesanya  on  a  busy 
Lagos  street,  but  he  escaped  unhurt.  The  perpetrators  were  never  found  and  the 
Government  ceased  investigation  quickly,  asserting  that  the  attack  was  staged. 

There  were  numerous  reliable  reports  that  flogging,  stripping,  and  acts  of  public 
humiliation,  such  as  duck-walking  or  crawling,  were  used  as  punishment  for  minor 
infractions  or  public  disturbances.  Caning  continued  as  a  form  of  punishment  for 
some  crimes,  and  four  men  were  publicly  caned  with  100  strokes  after  a  court  con- 
victed them  of  adultery  under  the  Penal  Code.  Reliable  sources  reported  witnessing 
a  mobile  police  officer  in  Lagos  jump  on  the  back  of  a  truck  driver  who  had  been 
forced  onto  his  hands  and  knees  at  the  side  of  the  road.  In  another  incident,  an  eye- 
witness reported  watching  mobile  police  officers  stop  a  young  man  on  a  motorcycle 
and,  after  an  argument,  beat  him  on  the  head  with  tneir  rifie  butts.  Credible  reports 
continued  throughout  the  year  of  security  forces  intervening  in  personal  disputes 
and  by  publicly  stripping  or  whipping  the  alleged  perpetrator. 

Security  forces  oiten  use  force  or  threats  to  extort  money  from  civilians.  In  Oyo 
state,  journalist  Rinde  Oladele  was  stopped  at  a  checkpoint  by  soldiers  and  police 
from  Operation  Gbale,  the  Oyo  state  paramilitary  anticrime  squad.  The  security  offi- 
cers reportedly  searched  his  car  and  interrogated  him  at  gunpoint.  Upon  finding 
over  $1,400  in  local  currency  in  the  trunk,  the  security  officers  accused  him  of  being 
a  thief,  demanded  money,  and  beat  him.  In  June  a  staff  member  of  the  Committee 
for  the  Defense  of  Human  Rights  (CDHR),  a  local  nongovernmental  organization 
(NGO),  was  stopped  on  the  street  by  Operation  Sweep  security  force  personnel  who 
searched  him  at  gun  point  and  took  aoout  $25.  The  CDHR  also  reported  that  in 
March,  two  journalists,  Mallam  Mohammed  Abubakar  of  The  Guardian  and  Alhaji 
Meto  Adamu  of  the  British  Broadcasting  Corporation  Hausa  service,  were  beaten 
unconscious  by  military  officers,  acting  on  the  orders  of  an  aide  of  the  Yobe  state 
military  administrator. 

In  April  policemen  at  a  Lagos  state  checkpoint  opened  fire  on  a  minibus  full  of 
passengers  after  the  driver  reportedly  ignored  an  order  to  stop.  No  one  was  injured 
out,  upon  learningthat  one  of  the  passengers  was  the  wife  of  Chief  of  General  Staff, 
Lt.  Gen.  Oladipo  Diya,  top  police  officials  described  the  incident  as  "embarrassing 
to  the  force." 

Chief  Onii  Egbunine,  publisher  of  the  Owerri-based  newspaper.  The  Horn,  was  in- 
terrogated by  an  assistant  to  the  Imo  state  military  administrator  before  being  se- 
verely beaten  by  security  forces,  reportedly  for  publishing  a  story  alleging  corruption 
at  the  highest  levels  of  state  government.  Aiaes  of  former  Chief  of  Defense  Staff 
Brigadier  General  Babatunde  Idiagbon  severely  beat  a  state  official  who  arranged 
a  meeting  between  the  general  and  journalist  Comfort  Obi.  The  aides  contended 
that  the  meeting,  which  later  appeared  as  the  cover  story  of  Obi's  magazine,  had 
not  been  agreed  to  by  Idiagbon.  Security  agents  of  Ogun  stale  military  adminis- 
trator Wing  Commander  Sam  Ewang  fiogged  Nigerian  Youth  Service  Corps  mem- 
bers who  protested  eviction  from  a  state-run  housing  complex  in  July.  Subsequently, 
the  youths,  both  men  and  women,  were  forced  by  security  officials  to  crawl  across 
the  concrete  on  their  knees  as  punishment  after  they  failed  to  disperse  when  or- 
dered by  the  administrator.  The  administrator  later  "reprimanded"  the  security  men 
involved. 

For  the  most  part,  the  Government  neither  acknowledged  nor  denied  that  security 
force  abuses  occurred  and  left  perpetrators  unpunished.  Those  security  force  officials 
who  were  punished  faced,  at  tne  worst,  dismissal  from  service  and,  more  often,  de- 
motion or  a  "stem  reprimand."  However,  some  officials,  most  notably  Lagos  state 
administrator  Colonel  M.  B.  Marwa,  acknowledged  that  there  had  been  abuses  and 
said  that  he  would  try  to  curb  them,  but  by  year's  end,  he  had  taken  no  action  on 
these  problems. 

Prison  and  detention  conditions  remained  life  threatening.  Lack  of  potable  water, 
inadequate  sewage  facilities,  and  severe  overcrowding  resulted  in  unhealthy  and 
dangerous  sanitary  conditions.  Disease  was  pervasive  in  the  cramped,  poorly  venti- 
lated facilities,  and  chronic  shortages  of  medical  supplies  were  reported.  Prison  in- 
mates were  only  irregularly  allowed  outside  their  cells  for  recreation,  and  many  in- 
mates must  provide  their  own  food.  Only  those  with  money  or  whose  relatives 
brought  food  regularly  had  sufTicient  food.  Poor  inmates  often  relied  on  handouts 
from  others  to  survive.  Prison  officials,  police,  and  security  forces  often  denied  in- 


262 

mates  food  and  medical  treatment  as  a  form  of  punishment  or  to  extort  money  from 
them.  Reports  of  sexual  abuse  of  female  prisoners  were  common.  The  Government 
derived  considerable  savings  from  the  practice  of  leaving  children  born  in  prison 
with  their  jailed  mothers  rather  than  placing  them  in  foster  homes.  Women  are  gen- 
erally housed  separately  from  men,  out  juvenile  prisoners,  usually  boys,  are  de- 
tained together  with  adults.  There  are  no  overall  statistics  on  prison  deaths  due  to 
harsh  conditions  or  lack  of  medical  treatment.  However,  one  numan  rights  group 
counted  56  prisoners  who  died  in  4  Lagos  prisons  in  1996.  Forty-three  of  the  dead 
were  males  awaiting  trial.  The  human  ri^ts  group  attributed  the  deaths  to  mal- 
nutrition, torture,  and  tuberculosis. 

Political  detainees  are  commonly  dispersed  around  the  country,  often  in  remote 
locations.  For  example  union  leader  Frank  Kokori  is  held  in  Borno  state,  near  the 
Chadian  border.  Another  labor  leader,  Milton  Dabibi,  is  reportedly  in  a  prison  in 
the  far  southeast.  Such  action  poses  financial  and  logistical  burdens  on  the  detain- 
ees' families,  in  cases  when  visitation  is  allowed. 

The  Government  acknowledged  the  problem  of  overcrowding  in  the  prisons  and 
promised  to  seek  a  solution  to  the  problem,  but  few  substantive  changes  were  made. 
A  committee  established  in  late  1996  to  review  the  problem  of  overcrowding  submit- 
ted a  report  in  April  that  prompted  the  Government  to  direct  state  administrators 
to  take  steps  to  reduce  prison  congestion.  However,  no  method  to  reduce  the  prob- 
lem was  announced,  and  by  year's  end  there  was  no  indication  that  overcrowding 
had  been  reduced.  According  to  1996  prison  statistics,  approximately  55,000  pris- 
oners inhabit  the  nation's  43  prisons,  which  were  built  to  hold  33,345  inmates. 
Human  rights  groups  contend  that  even  these  figures  are  conservative,  and  Interior 
Minister  Babagana  Kingibe  said  that  there  were  over  70,000  inmates  in  the  prisons. 
A  report  by  the  Nigerian  Institute  of  Advanced  Legal  Studies  stated  that  the  num- 
ber of  inmates  in  Dcoyi  prison  in  Lagos  exceed  by  250  percent  the  designed  capacity 
of  the  prison. 

Prison  officials  generally  do  not  allow  human  rights  monitors  access  to  prisons. 
However,  some  NGO's  fare  better  than  others  and  have  occasional  access. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Government  repeatedly  engaged  in 
arbitrary  arrest  and  detention.  Police  and  security  forces  are  empowered  to  make 
arrests  without  warrants  if  they  believe  that  there  is  reason  to  suspect  that  a  per- 
son has  committed  an  ofiense;  they  often  abused  this  power.  The  law  requires  that 
the  arresting  officer  inform  the  accused  of  charges  at  the  time  of  arrest  and  take 
the  accused  to  a  station  for  processing  within  a  reasonable  time.  By  law  police  must 

f)rovide  suspects  with  the  opportunity  to  engage  counsel  and  post  bail.  However,  po- 
ice  generally  did  not  adhere  to  these  safeguards  and  often  held  suspects  incommu- 
nicado under  harsh  conditions  for  extended  periods  without  charge.  Over  50  percent 
of  the  nation's  prison  inmates  are  awaiting  trial.  In  some  prisons  such  as  Ikoyi  pris- 
on, 90  percent  of  the  population  were  Awaiting  Trial  Persons  (ATPs).  Many  of  these 
ATPs  have  been  detained  for  5  years  or  more,  with  some  waiting  as  long  as  12 
years  for  their  case  to  be  heard  in  court.  More  than  100  supporters  of  Shi'ite  reli- 
gious leader  Sheikh  Ibrahim  Al-Zakzaky  arrested  in  1996  remain  in  jail  and  have 
not  been  charged  with  any  offense. 

The  State  Security  (Detention  of  Persons)  Decree  of  1984  (Decree  Two)  allows  the 
Government  to  detain  without  charge  persons  suspected  of  acts  prejudicial  to  state 
security  or  harmful  to  the  economic  well-being  of  the  country.  When  invoked.  Decree 
Two  suspends  the  detainee's  civil  liberties  and  precludes  judicial  review.  Many  citi- 
zens consider  Decree  Two  to  be  the  main  threat  to  their  basic  freedoms,  because  the 
judicial  ouster  clause  encourages  arbitrary  detention  and  fails  to  define  what  con- 
stitutes acts  under  the  Decree's  purview.  Decree  11  of  1994  authorizes  the  PRC  Vice 
Chairman  or  the  Commissioner  of  Police  to  detain  persons  for  up  to  3  months  with- 
out charge. 

In  June  1996,  the  Government  announced  the  repeal  of  Decree  14  of  1994,  which 
had  effectively  suspended  the  right  of  habeas  corpus  by  forbidding  courts  from  hear- 
ing cases  demanding  that  the  Government  produce  in  court  those  detained  under 
Decree  Two.  However,  despite  this  repeal,  the  Government  still  retains  full  legal  au- 
thority under  Decree  Two  and  Decree  12  of  1994  to  detain  citizens  arbitrarily  and 
dispense  with  habeas  corpus  challenges,  and  the  Government  regularly  defied  court 
orders  to  produce  detainees.  In  the  case  of  prominent  attorney  and  politician  Otunba 
Olabiyi  Durojaiye,  who  was  arrested  on  December  3,  1996,  the  Government  ignored 
a  court  order  requiring  it  to  present  Durojaiye  in  court  on  February  2,  3  months 
after  his  detention.  The  Government  subsequently  ignored  two  more  calls  for 
Durojaiye's  appearance  in  court. 

Police  and  security  forces  often  disregarded  court  orders  to  arraign  or  release  de- 
tainees. Calabar  businessman  Efiiong  Henshaw  was  arrested  by  the  NDLEA  on 
March  12  and  remained  in  detention  at  year's  end  as  the  NDLEA  ignored  a  court 


263 

order  to  arraign  him.  An  April  7  order  from  the  Lagos  federal  high  court  to  release 
Omochiere  Aisagbonhi  was  ignored  by  police  and  Aisagbonhi,  who  was  arrested  on 
March  26  in  relation  to  a  dispute  over  money,  remained  in  detention  without 
charge. 

Persons  unfortunate  enough  to  be  nearby  when  a  crime  is  committed  are  normally 
held  for  interrogation  for  periods  ranging  from  a  few  hours  to  several  months.  Even 
after  their  release,  those  detained  are  asked  to  return  repeatedly  for  further  ques- 
tioning. Each  of  the  bombing  incidents  (see  Section  l.a.)  was  followed  by  the  arbi- 
trary arrest  of  dozens  of  bystanders.  In  one  bombing  case,  a  local  employee  of  a  for- 
eign embassy  was  detained  for  several  hours  for  questioning  and  required  to  report 
to  authorities  routinely  for  weeks. 

Relatives  and  friends  of  wanted  suspects  were  regularly  placed  in  detention  with- 
out criminal  charge  to  induce  suspects  to  surrender  to  arrest.  The  wife  and  pregnant 
daughter  of  retired  army  officer  Lieutenant  Colonel  Raphael  Iluyomade,  reportedly 
a  close  friend  of  NADECO  leader  Alex  Akinrinade,  were  arrested  on  February  20 
by  security  forces  searching  for  the  lieutenant  colonel.  The  women  were  held  for 
over  3  months  at  a  military  installation  in  Apapa,  Lagos.  Folasade,  lluyomade's 
daughter,  was  4  months  pregnant  at  the  time  of  her  arrest  and  miscarried  while 
in  detention.  Neither  of  the  women  was  charged  with  any  offense.  NDLEA  officials 
searching  for  architect  Chijioke  Okoye,  wanted  in  connection  with  the  collapse  of  a 
building  in  Enugu,  broke  into  the  Okoye  house  on  the  night  of  July  24  and,  when 
they  did  not  find  Okoye,  arrested  his  wife.  Mrs.  Okoye  and  her  4-month-old  baby 
were  detained  for  3  days  until  her  husband  surrendered  to  authorities.  The  wife  of 
Tell  magazine  editor  in  chief  Nosa  Igiebor  was  taken  into  custody  on  the  night  of 
September  10,  after  armed  security  officers  broke  into  her  home,  intimidated  her 
children,  and  detained  her  for  several  hours  of  interrogation.  According  to  a  Tell 

Sress  release,  the  security  agents  held  a  gun  to  the  head  of  the  Igiebor's  4-year-old 
au^ter  ana  asked  the  child  repeatedly,  "Where  is  your  father?  The  harassment 
came  just  a  few  days  after  Tell  published  an  article  on  Abacha's  ill  health.  Nosa 
Igiebor,  who  spent  6  months  in  detention  in  1996,  has  grown  accustomed  to  spend- 
ing much  of  his  life  in  hiding  as  a  result  of  the  confrontational  stand  taken  by  his 
magazine. 

The  Government  routinely  arrested,  harassed,  and  detained  without  charge  lead- 
ing human  rights  and  prodemocracy  activists,  including  the  lluyomades,  who  were 
gresumably  detained  for  their  relative's  political  associations,  and  Otunba 
lurojaiye.  Ogoni  human  rights  activist  Bari-Aara  Kpalap,  originally  arrested  in  Oc- 
tober 1996  by  the  RSISTF,  remained  in  detention  without  charge.  Chief  Osaro 
Oseghale  spent  a  week  in  detention  in  January  for  his  alleged  association  with 
NADECO.  In  an  apparent  effort  to  block  human  rights  activist  Anyakwee 
Nsirimovu,  executive  director  of  the  Institute  of  Human  Rights  and  Humanitarian 
Law  (IHRHL),  from  meeting  with  visiting  Organization  of  African  Unity  representa- 
tives, security  officers  raided  IHRHL  offices  in  Port  Harcourt  on  March  13.  The  se- 
curity officers  reportedly  broke  open  doors  and  lockers  and  took  documents  and 
project  materials. 

Several  leading  labor  and  prodemocracy  activists  who  were  arrested  in  1994  re- 
mained in  detention,  including  M.K.O.  Abiola  and  Frank  Kokori,  General  Secretary 
of  the  National  Union  of  Petroleum  and  Natural  Gas  Workers  (NUPF^NG)  (see  Sec- 
tion 6. a.).  General  Secretary  of  the  Petroleum  and  Natural  Gas  Senior  Staff  Associa- 
tion (PENGASSAN)  Milton  Dabibi,  who  was  arrested  in  January  1996,  remained  in 
detention  without  charge.  Dabibi  was  not  permitted  visitors.  F"'ormer  Petroleum 
Minister  Don  Etiebet  was  detained  for  several  days  in  March  (see  Section  3). 

The  Government  routinely  detained  human  rights  monitors,  journalists,  and  polit- 
ical opponents  for  making  or  publishing  critical  statements.  Government  security 
forces  frequently  harassed,  arrested,  detained,  and  threatened  journalists  for  a  vari- 
ety of  reasons,  including  the  alleged  spreading  of  false  information  and  printing  of 
stories  that  exposed  the  actions  of  government  officials  (see  Sections  2. a.,  2.b.,  and 
4). 

Ladi  Olorunyomi,  the  journalist  wife  of  a  prominent  critic  of  the  Government  cur- 
rently living  in  exile,  spent  2  months  in  detention.  The  Abuja  bureau  chief  of  Afri- 
can Concord  magazine,  Mohammed  Adamu,  was  arrested  on  July  27  after  his  maga- 
zine published  an  article  critical  of  presidential  security  officer  Hamza  Al-Mustapna, 
and  he  remained  in  detention  at  year's  end.  A  reporter  for  the  independent  daily 
Vanguard,  George  Onah,  spent  a  year  in  detention  after  publishing  an  article  about 
military  personnel  issues  and  remained  in  prison  at  year's  end.  Onah  spent  7 
months  in  solitary  confinement  and  often  had  nis  arms  and  legs  chained.  The  editor 
of  The  Week  magazine,  Godwin  Agbroko,  was  arrested  on  December  18,  1996,  and 
not  released  untu  May.  Chris  Ekwunze,  a  Vanguard  correspondent,  and  Akandem 
James,  a  reporter  with  The  Punch,  were  arrested  on  September  4  and  detained  for 


45-909    98-10 


264 

several  days  after  reporting  that  RSISTF  members  had  impounded  copies  of  a  book 
written  by  the  late  Ken  Saro-Wiwa. 

There  are  no  reliable  figures  for  the  number  of  political  detainees,  but  local 
human  rights  groups  estimates  range  between  100  and  200. 

There  were  no  known  instances  of  forced  exile  as  a  means  of  political  control,  al- 
though several  NADECO  members,  including  former  Senator  Bola  Tinabu,  retired 
Air  Commodore  Dan  Suleiman,  Nobel  laureate  Wole  Soyinka,  and  elder  statesman 
and  senior  NADECO  figure  Anthony  Enahoro  live  in  self-imposed  exile.  Other  activ- 
ists such  as  Owens  Wiwa,  brother  of  executed  Ogoni  rights  activist  Ken  Saro-Wiwa, 
Ledum  Mittee,  President  of  the  Movement  for  the  Survival  of  the  Ogoni  Peoples 
(MOSOP),  and  outspoken  journalist  Dapo  Olorunyomi,  joined  them.  An  unknown 
number  of  Ogoni  reportedly  fled  to  neighooring  countries.  North  America,  or  Europe 
in  search  of  asylum. 

e.  Denial  of  Fair  Public  Trial. — The  Government  has  taken  several  steps  to  under- 
cut the  independence  and  integrity  of  the  judiciary.  To  suppress  opposition  to  its 
rule,  the  regime  first  bypassed  the  regular  courts  in  favor  oT  "tribunals"  and  then 
declared  itself  above  the  law  by  prohibiting  court  review  of  any  government  action. 
Tribunal  sentences  are  generally  severe.  The  Government's  reliance  on  tribunals, 
which  operate  outside  the  constitutional  court  system,  seriously  undermines  the  ju- 
dicial process  and  often  results  in  legal  proceedings  that  deny  defendants  due  proc- 
ess, as  in  the  1995  case  of  Ken  Saro-Wiwa  and  his  eight  codefendants.  The  Govern- 
ment's frequent  refusal  to  respect  court  rulings  also  undermines  the  integrity  of  the 
judicial  process. 

The  regular  court  system  is  composed  of  both  federal  and  state  trial  courts,  state 
appeals  courts,  the  federal  Court  of  Appeal,  and  the  federal  Supreme  Court.  Under 
the  1979  Constitution,  courts  of  the  first  instance  include  magistrate  or  district 
courts,  customary  or  area  courts,  Shari'a  (Islamic)  courts,  and  for  some  specified 
cases,  the  state  high  courts.  The  nature  of  the  case  usually  determines  which  court 
has  jurisdiction.  In  principle  customary  and  Shari'a  courts  have  jurisdiction  only  if 
both  plaintiff  and  defendant  agree.  In  practice,  however,  fear  of  legal  costs,  delay, 
and  distance  to  alternative  courts  encouraged  many  litigants  to  choose  these  courts. 

Myriad  administrative,  logistical,  and  financial  hurdles  repeatedly  hinder  the 
work  of  the  judicial  system.  One  Lagos  state  judge  conducted  hearings  in  prison 
when  prison  ofiicials  informed  him  that  there  were  no  vehicles  to  transport  tne  ac- 
cused to  court.  Decree  One  of  1984,  the  first  decree  promulgated  by  the  military  ofli- 
cers  who  overthrew  the  civilian  regime  of  President  Shehu  Usman  Aliyu  Shagari  in 
1983,  left  the  institutional  framework  of  the  judiciary  largely  intact.  However,  it  es- 
tablished a  parallel  system  of  military  tribunals  with  sole  jurisdiction  over  certain 
offenses,  sucn  as  coup  plotting,  corruption,  armed  robbery,  and  illegal  sales  of  petro- 
leum. A  1991  decree  amended  Decree  One  by  providing  that  only  sitting  or  retired 
civilian  judges  could  preside  over  tribunals  hearing  nonmilitary  cases.  Decree  12 
states  that  "no  act  of  the  federal  military  Government  may  henceforth  be  questioned 
in  a  court  of  law"  and  "divests  all  courts  of  jurisdiction  in  all  matters  concerning 
the  authority  of  the  federal  Government." 

Criminal  justice  procedures  call  for  trial  within  3  months  of  arraignment  for  most 
categories  of  crimes.  Inefilcient  administrative  procedures,  petty  extortion,  bureau- 
cratic inertia,  poor  communication  between  police  and  prison  officials,  and  inad- 
equate transportation  continue  to  result  in  considerable  delays,  often  stretching  to 
several  years,  in  bringing  suspects  to  trial. 

Trials  in  the  regular  court  system  are  public  and  generally  respect  constitu- 
tionally protected  individual  rights,  including  a  presumption  of  innocence,  the  right 
to  be  present,  to  confront  witnesses,  to  present  evidence,  and  to  be  represented  by 
legal  counsel.  However,  there  is  a  widespread  perception  that  judges  are  easily 
bribed  or  "settled,"  and  that  litigants  cannot  rely  on  the  courts  to  render  impartial 
judgments. 

There  are  no  legal  provisions  barring  women  or  other  groups  from  testifying  in 
civil  court  or  giving  their  testimony  less  weight.  The  testimony  of  women  is,  how- 
ever, accorded  less  weight  in  Shari'a  courts. 

In  most  cases  before  the  tribunals,  the  accused  have  the  right  to  legal  counsel, 
bail,  and  appeal,  although  some  tribunals  substitute  a  presumption  of  guilt  for  the 
presumption  of  innocence,  and  conviction  rates  in  the  tribunals  reportedly  exceed 
conviction  rates  in  the  regular  courts. 

In  June  1996,  in  response  to  the  report  of  a  U.N.  fact-finding  team  sent  to  inves- 
tigate human  rights  and  the  transition  process,  the  Government  announced  two  de- 
crees, one  repealing  Decree  14  of  1994,  which  had  effectively  suspended  the  right 
of  habeus  corpus  (see  Section  l.d.),  and  the  other  amending  the  Civil  Disturbances 
(Special  Tribunal)  Decree  of  1987  to  remove  members  of  the  armed  forces  from  the 
membership  of  the  tribunal  and  allow  for  a  right  of  appeal  to  the  Special  Appeals 


265 

Tribunal.  Military  personnel  convicted  of  coup  plotting  do  not,  however,  enjoy  the 
right  of  appeal  to  the  Special  Appeals  Tribunal,  and  the  decree  remained  silent  re- 
garding appeals  for  civilians  convicted  of  coup  plotting,  but  all  indications  are  that 
the  decree  does  not  apply  to  them.  These  changes  came  in  the  wake  of  the  inter- 
national outcry  after  the  November  1995  execution  of  Ken  Saro-Wiwa  and  eight 
other  Ogoni  leaders  who  were  convicted  of  murder  by  the  Ogoni  Civil  Disturbances 
Special  Tribunal  (which  included  a  military  olTicer)  and  denied  the  right  of  appeal. 

The  Ogoni  19,  originally  arrested  in  1994  and  accused  of  murder  along  with  Ken 
Saro-Wiwa  and  the  8  Ogonis  executed  in  1995,  remained  in  detention  awaiting  trial. 
Although  arraigned  in  July  1996  in  connection  with  the  murder  of  4  Ogoni  leaders, 
the  case  of  the  Ogoni  19  (20  men  were  originally  arrested  but  1,  Clement  Tusiima, 
died  while  in  custody)  has  been  stymied  by  the  Government's  indifference  to  con- 
stituting a  new  tribunal  composed  of  only  civilian  members  to  hear  their  case.  Strict 
adherence  to  the  amendment  of  the  Civil  Disturbances  (Special  Tribunal)  Decree  of 
1987  precludes  the  hearing  of  the  case  by  the  tribunal  that  condemned  the  Ogoni 
9,  as  a  military  officer  was  a  member  of  the  board. 

Despite  assurances  that  military-style  tribunals  are  no  longer  used  in  nonmilitary 
cases,  the  practice  continued.  In  the  highly  publicized  trial  of  seven  Nigerian  men 
known  as  the  "Otokoto  7,"  a  three-member  tribunal,  which  included  a  military  major 
and  a  police  superintendent,  convicted  and  sentenced  the  alleged  armed  robbers  to 
death.  The  seven  were  permitted  to  appeal  the  tribunal's  ruling;  however,  the  ap- 
peal was  heard  not  by  a  Special  Appeals  Tribunal  but  by  the  state  military  adminis- 
trator. The  administrator  upheld  the  death  sentences  for  six  of  those  convicted  and 
commuted  the  sentence  of  one  juvenile  to  life  in  prison.  The  six  were  executed  by 
firing  squad  on  July  31. 

In  March  the  Government  formally  charged  16  people  with  treason,  including 
elder  statesman  Chief  Anthony  Enahoro,  Nobel  laureate  Wole  Soyinka, 
prodemocracy  advocate  Dr.  Fred  Fasehun,  and  prominent  politician  Chief  Olu  Falae. 
While  12  of  the  accused  had  been  in  olTicial  custody  for  several  months  without 
charge,  4  of  those  accused  reside  in  self-imposed  exile.  Arrest  warrants  were  issued 
for  those  living  abroad.  By  year's  end,  little  progress  had  been  made  in  the  case  and 
the  substance  of  the  Government's  investigations  had  not  been  revealed.  The  12  ac- 
cused remained  in  detention  while  a  team  of  lawyers,  including  prominent  attorney 
Chief  Gani  Fawehinmi  and  senior  advocates  former  Senator  Abraham  Adesanya  and 
Chief  Bola  Ige,  filed  motions  to  enforce  court  orders  granting  the  detainees  leave 
to  seek  bail,  access  to  medical  treatment,  and  improved  detention  conditions.  At 
year's  end,  there  had  been  no  action  on  these  motions. 

The  number  of  political  prisoners  (as  distinct  from  political  detainees)  held  by  the 
Government  is  also  unknown  (see  Section  l.d.).  Thirty-three  individuals  convicted 
in  1995  of  coup  plotting  and  related  charges  by  a  secret  military  tribunal  remained 
in  prison.  These  included  former  Head  of  State  Olusegun  Obasanjo;  editor  in  chief 
of  The  Sunday  Magazine  Chris  Anyanwu;  Tell  magazine  assistant  editor  George 
Mbah;  The  News  magazine  editor  Kunle  Ajibade;  Weekend  Classique  editor  Ben 
Charles  Obi;  and  chairman  of  the  prominent  human  rights  organization  Campaign 
for  Democracy  (CD)  Beko  Ransome-Kuti.  Two  others  convicted  by  the  1995  coup  plot 
tribunal  died  while  in  prison:  former  Obasanjo  deputy  and  national  constitutional 
conference  delegate  Shehu  Musa  Yar'Adua,  and  Sergeant  Patrick  Usikekpo. 

Eleven  military  men  allegedly  involved  in  a  1990  coup  plot  against  the  regime  of 
former  President  Ibrahim  Babangida  and  convicted  for  their  actions  remained  in  de- 
tention despite  an  October  31,  1991,  state  pardon  granted  on  their  behalf.  The  Con- 
stitutional Rights  Project  (CRP),  took  their  case  to  court  and  obtained  in  July  a  re- 
lease order  for  seven  of  the  men.  The  Government  ignored  the  court  order,  and  at 
year's  end  the  men  were  still  in  detention. 

Queenette  Allogoa,  detained  in  1996  after  finishing  her  sentence,  was  released. 
The  case  of  the  Ogoni  19,  arrested  in  1994  in  connection  with  the  murder  of  4  Ogoni 
politicians  and  arraigned  in  July  1996,  is  unresolved  and  those  arrested  remain  in 
jail. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Provi- 
sions of  the  1979  and  1989  Constitutions  provide  for  the  right  to  privacy  in  the 
home,  in  correspondence,  and  in  oral  electronic  communications.  However,  the  mili- 
tary Government  regularly  interfered  in  the  lives  of  citizens,  and  if  the  authorities 
desired  to  use  a  warrant  in  a  particular  search  case,  they  oflen  secured  it  from  a 
military  tribunal  rather  than  a  regular  court.  Human  rights  and  prodemocracy  lead- 
ers reported  that  security  agents  regularly  followed  them  and  cut  off  or  monitored 
their  organizations'  telephones.  Police  routinely  detain  relatives  and  friends  of  sus- 
pects without  charge  to  induce  suspects  to  surrender  (see  Section  l.d.). 


266 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Constitutional  provisions  providing  for  freedom 
of  speech  and  of  the  press  were  not  enforceable  because  of  the  continued  suspension 
of  constitutional  rights.  The  regime  often  publicly  declared  support  for  these  free- 
doms, but  it  nevertheless  sought  to  limit  or  confine  public  political  dialog.  The  Gk)v- 
emment  continued  its  arbitrary  intimidation  and  harassment  of  the  press  through 
legal  and  extralegal  means. 

Although  there  is  a  large  and  vibrant  independent  domestic  press  that  is  fre- 
quently critical  of  the  Government,  the  Government  also  owns  or  controls  many 
publications.  All  newspapers  and  magazines  are  required  to  register  with  the  Gov- 
ernment under  the  Newspaper  Registration  Board  Decree  43  of  1993,  and  Minister 
of  Culture  and  Information  Walter  Ofonagoro  threatened  to  close  newspapers  not 
registered  with  the  board.  The  registration  fee  is  about  $3,000,  and  the  registration 
process  requires  editors  to  provide  their  home  as  well  as  ofTice  address.  Although 
no  newspaper  had  registered  by  year's  end,  the  Culture  and  Information  Minister 
regularly  threatened  to  close  unregistered  newspapers.  The  regime  has,  at  various 
times,  shut  independent  newspapers  for  offenses,  but  there  were  no  known  cases  of 
papers  being  prosecuted  for  failing  to  register.  Ofonagoro  also  called  repeatedly  for 
a  "press  court"  to  check  the  "excesses"  of  the  media.  A  decree  establishing  such 
courts  was  reportedly  drafted  but  had  not  been  promulgated  by  year's  end.  Through- 
out the  year,  security  agents  frequently  harassed,  arrested,  and  detained  journalists 
(see  Section  l.d.).  Virtually  all  senior  editors  of  publications  critical  of  the  Govern- 
ment were  subject  to  surveillance  and  harassment  by  security  agents.  Some  were 
driven  underground  by  fear  of  arrest  and  operated  clandestinely  from  numerous  lo- 
cations scattered  throughout  Lagos;  others  fled  the  country.  Government  security 
forces  continued  to  intimidate  the  media  with  a  series  of  arrests  of  editors  and  re- 
porters from  Journals  critical  of  the  Abacha  regime.  One  human  rights  group  esti- 
mates more  tnan  30  journalists  are  in  prison,  including  9  journalists  who  were  ar- 
rested during  the  year  and  remain  in  detention  at  year's  end.  This  figure  also  in- 
cludes four  journalists  convicted  of  involvement  in  an  alleged  1995  coup  plot  (see 
Section  I.e.).  Security  forces  detained  for  varying  lengths  of  time  but  released  at 
least  17  other  journalists  during  the  year. 

On  July  27,  the  Abuja  bureau  chief  of  the  African  Concord  was  arrested.  Begin- 
ning in  October,  security  forces  stepped  up  pressure  with  a  series  of  arrests  of  edi- 
tors and  reporters  from  journals  critical  of  the  Abacha  regime.  The  weekly  maga- 
zines The  News  and  Tell  were  particularly  hard  hit.  On  October  2,  lyoboisa 
Uwugiaren,  correspondent  for  The  News  was  detained  by  police  in  Lagos  and  re- 
leased later  the  same  evening.  On  October  10,  Henry  Ogbolue,  Kaduna  correspond- 
ent of  The  News  was  detained,  reportedly  beaten,  and  released  later  that  day.  On 
October  17,  Gbenga  Alaketu  and  Ademola  Abimboye,  both  assistant  editors  of  The 
News,  were  arrested  in  Lagos.  Alaketu  and  Abimboye  were  released  by  year's  end. 
On  October  24,  Soji  Omotunde,  editor  of  The  African  Concord,  was  abducted  by  se- 
curity operatives  on  a  busy  Lagos  street.  On  November  4,  Aoetokunbo  Fakeye,  de- 
fense correspondent  for  The  News,  was  arrested.  On  November  8,  Jenkins  Alumona, 
editor  of  The  News,  was  arrested  by  SSS  agents  at  a  Lagos  television  station.  On 
November  9,  Onome  Osifo-Whiskey,  managing  editor  of  Tell  magazine,  was  arrested 
by  SSS  agents  in  Lagos  while  driving  to  church  with  his  children.  On  October  29, 
Osifo-Whiskey  had  warned  that  the  magazine  had  received  a  written  death  threat, 
which  listed  the  names  of  27  staff  members.  On  November  16,  SSS  agents  arrested 
Babafemi  Ojudu,  editor  of  the  News/Tempo.  Rafiu  Salau,  an  administration  editor 
for  the  News/Tempo,  was  also  arrested  in  mid-November.  On  December  28,  armed 
soldiers  reportedly  from  the  Directorate  of  Military  Intelligence  arrested  for  un- 
known reasons  four  journalists  in  Lagos  from  the  Diet  newspaper,  including  editor 
Niran  Malaolu.  Three  were  released  after  1  day  and  instructed  to  report  to  DMI  of- 
fice weekly,  while  editor  Malaolu  remained  in  detention  at  year's  end. 

Subsequent  to  the  December  21  arrest  of  second-in-command  Lieutenant  General 
Oladipo  Diya  and  11  others  for  alleged  coup  plotting,  the  Government  repeatedly 
warned  journalists  that  they  could  face  treason  charges  if  they  repeated  unsubstan- 
tiated reports  carried  in  international  media.  In  issuing  these  strong  warnings,  the 
government  spokesman  referred  to  the  four  journalists  convicted  of  coup-related  of- 
fenses after  the  fact  by  a  secret  military  tribunal  in  1995  (see  Section  I.e.). 

The  Government  used  other  means  to  harass  and  intimidate  the  press.  These 
methods  included  intimidation  of  advertisers,  surveillance  of  printers,  seizure  of 
print  runs,  and  withholding  information.  For  some  publications,  the  relationship 
with  the  Government  is  so  adversarial  that  they  are  forced  to  operate  essentially 
as  underground  publications.  The  Government  did  not  proscribe  any  newspapers 
during  the  year,  although  it  has  done  so  in  the  past. 


267 

The  Government  granted  broadcasting  rights  to  private  radio  stations  in  1994,  but 
maintains  careful  watch  over  broadcasts.  Television,  both  Nigerian  and  otherwise, 
is  widely  available.  Access  is  limited  more  by  substandard  cable  installation,  elec- 
trical power  surges  and  outages,  and  technical  broadcasting  difficulties  than  by  gov- 
ernment intervention.  However,  government-controlled  broadcast  media  still  domi- 
nate the  country,  and  even  private  broadcasters  do  not  transmit  stories  that  criticize 
the  Government.  The  Government  continued  to  enforce  laws  permitting  only  govern- 
ment broadcasters  to  air  programs  nationwide,  limiting  the  scope  of  private  stations. 
The  Government  has  used  tne  foreign  content  provision  of  the  Press  Law  of  1993 
to  revoke  licenses  granted  to  some  broadcasters.  The  regulation  requires  local  tele- 
vision stations  to  limit  programming  from  other  countries  to  40  percent;  satellite 
broadcasters  are  limited  to  20  percent.  Despite  the  limitations,  however,  private  tel- 
evision and  radio  broadcasters  gained  wider  audiences  and  more  robust  advertising 
support.  While  government  broadcasters  complained  that  government  funding  and 
advertising  were  inadequate  for  their  needs,  private  stations  thrived  on  advertising 
support  alone. 

Foreign  journalists  are  routinely  required  to  inform  the  Nigerian  embassy  of  the 
subject  matter  of  their  proposed  coverage  before  they  are  granted  visas.  Proposing 
political  coverage  is  discouraged  and  may  result  in  the  visa  request  being  refused. 
There  are  fewer  than  10  resident  foreign  correspondents. 

The  Government  increased  its  efTorts  to  limit  academic  freedom.  Security  forces 
routinely  monitored  and  on  occasion  interfered  with  conferences  they  perceived  as 
forums  for  prodemocracy  or  human  rights  groups  (see  Section  2.b.).  The  Government 
tape  records  faculty  conversations.  The  May  1996  government  ban  on  activities  by 
the  National  Association  of  Nigerian  Students  (NANS)  continued.  The  Government 
also  continued  a  ban  on  university  staff  unions  (see  Section  6. a.).  Nigerian  embas- 
sies often  refused  to  issue  visas  to  visiting  lecturers  and  artists.  This  policy  limited 
discussions  between  foreign  and  Nigerian  academicians  on  topics  of  mutual  interest. 

In  1996  the  American  Studies  Association  of  Nigeria  (ASAN)  annual  conference 
"was  banned  on  opening  day  by  the  SSS.  In  April  tne  annual  conference  was  post- 
poned until  August  when  the  Nigerian  Universities  Commission  (NUC)  sent  a  letter 
to  all  university  vice  chancellors  recommending  that  they  discourage  their  staff  from 
attending  the  conference,  and  later  canceled  entirely  when  it  became  clear  that  the 
authorities  would  not  allow  the  conference  to  proceed.  In  June  the  University  of  Jos 
announced  with  great  fanfare  the  establishment  of  an  American  studies  diploma 
program.  Only  days  later,  the  program  was  officially  put  on  indefinite  hold  by  the 
NUC,  reportedly  acting  on  instructions  from  the  Government. 

Security  forces  were  called  in  to  quell  campus  disturbances  several  times  during 
the  year.  Some  student  activities,  such  as  elections,  were  disrupted  by  security 
agents.  Student  groups  believe  that  university  authorities  followeu  government  di- 
rectives to  suspend  or  expel  activist  students.  In  a  January  29  crackdown  at  the 
Federal  Polytechnic  in  Offa,  Kwara  state,  10  students  were  arrested,  reportedly  as 
a  result  of  their  involvement  in  student  elections.  The  students  were  held  without 
charge  for  2  weeks,  released,  and  then  expelled  from  school.  The  parents  of  two 
other  students,  who  were  sought  but  not  found  on  campus,  were  arrested  in  place 
of  their  children.  The  parents  were  released  by  September.  On  February  10,  the 
Vice  Chancellor  of  Lagos  State  University  (LASU)  called  on  Operation  Sweep  forces 
to  quell  disturbances  on  campus  that  he  attributed  to  "cult  violence."  Two  students 
were  shot  and  killed  by  the  sweep  team  and  several  others  were  injured.  On  Decem- 
ber 10  and  11,  security  forces  were  again  used  to  stop  student  d.emonstrations  at 
LASU  that  erupted  after  the  university's  dismissal  of  student  union  leaders. 

Eighteen  professors  were  arrested  at  the  University  of  Nigeria,  Nsukka,  after  stu- 
dent unrest  on  the  campus  in  February.  Eight  of  the  professors,  one  of  whom  was 
the  former  chairman  of  the  Nsukka  wing  of  the  banned  Academic  Staff  Union  of 
Universities  (ASUU),  were  later  charged  with  sedition  and  arson.  The  professors 
maintained  their  innocence  and  argued  that  the  student  demonstralion  was  merely 
a  reaction  to  proposed  increases  in  school  fees.  The  professors  were  reportedly  re- 
leased, although  their  cases  have  yet  to  be  resolved.  In  August  thousands  of  second- 
ary school  students  demonstrated  in  Kaduna,  calling  for  the  resignation  of  state 
military  administrator  Colonel  Hameed  Ali.  When  tear  gas  proved  ineffective  in  dis- 

f)ersing  the  demonstrators,  police  spokesman  Tanimu  iiindawa  warned  that,  in  the 
uture,  police  would  have  "no  other  option  than  to  shoot;"  no  further  student  pro- 
tests took  place  by  year's  end. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  two  Constitutions  provide 
citizens  with  the  right  to  assemble  freely  and  associate  with  other  persons  in  politi- 
cal parties,  trade  unions,  or  special  interest  associations.  However,  the  Government 
proscribed  all  political  activity  1  day  after  coming  to  power  in  1993.  In  August  1994, 
Abacha  announced   that  "individuals  or  groups   may  henceforth   canvass   political 


268 

ideas,  but  they  cannot  form  political  parties  for  now."  In  June  1995,  the  Government 
announced  a  partial  lifting  of  the  ban  on  political  activity,  but  it  was  not  until  June 
1996  that  a  reconstituted  National  Electoral  Commission  of  Nigeria  (NECON)  an- 
nounced cumbersome  and  complex  requirements  for  registering  political  parties. 
Parties  were  allowed  an  unrealistic  6-week  period  in  which  to  satisfy  requirements 
that  included  registering  40,000  members  in  each  of  the  then  30  states  and  15,000 
in  the  federal  capital  territory  of  Abuja  and  issuing  photo  identity  cards  to  each  of 
them.  Despite  the  logistical  difficulU'  of  satisfying  NECON's  requirements,  23  par- 
ties purchased  registration  forms  from  NECON  for  approximately  $6,000;  18  of 
them  submitted  the  forms  and  supporting  documentation  by  the  deadline. 

In  response  to  widespread  protests  over  the  registration  process,  NECON  an- 
nounced in  1995  a  new  exercise  allowing  the  18  groups  to  apply  for  mergers.  The 
merger  requests  required  another  burdensome  set  of  documents,  including  addresses 
of  the  national,  state  and  local  government  council  chapters  of  the  party;  the  new 
name,  constitution,  acronym,  symbol,  and  manifesto  of  the  party;  and  the  names  of 

Rroposed  staff  members  at  all  levels  of  the  organization.  In  September  1996, 
[ECON  announced  the  registration  of  five  parties  and  ordered  all  other  parties  to 
be  dissolved,  effectively  preventing  the  participation  of  the  majority  of  established 
politicians  and  potential  opposition  leaders. 

Although  Abacha  announced  the  lifting  of  remaining  restrictions  on  political  ac- 
tivities in  his  October  1,  1995,  Independence  Day  address,  he  did  not  issue  the  ena- 
bling decree  until  February  1996.  When  the  text  of  the  decree  was  released  in 
March  1996,  it  became  clear  that  the  Government  had  negated  its  decree  lifting  re- 
strictions on  political  activity  by  establishing  vague  new  categories  of  crimes  for  im- 
peding the  transition  to  democracy,  which  carried  a  penalty  of  5  years  in  prison  for 
those  found  guilty.  This  action  effectively  allowed  tne  regime  to  remove  its  oppo- 
nents from  the  political  scene  until  after  completion  of  the  transition  program  (see 
Section  3). 

The  Government  continued  to  repress  the  political  activities  of  opposition  groups. 
A  number  of  public  meetings  were  arbitrarily  canceled  or  prevented  during  the  year, 
including  cultural  events,  academic  conferences,  and  human  rights  meetings  (see 
Section  2. a.).  While  permits  are  not  normally  required  for  public  meetings  indoors 
and  permit  requirements  for  outdoor  public  functions  are  often  ignored  by  both  gov- 
ernment authorities  and  those  assembling,  the  Government  retained  legal  provi- 
sions banning  gatherings  whose  political,  ethnic,  or  religious  content  might  lead  to 
unrest.  Security  forces  used  permit  requirements  as  one  of  the  justifications  for  dis- 
rupting prodemocracy  conferences,  meetings,  or  seminars.  Open-air  religious  serv- 
ices away  from  places  of  worship  remained  prohibited  in  most  states  due  to  religious 
tensions  in  various  parts  of  the  country  (see  Section  2.c.).  Although  most  religious, 
professional,  and  other  organizations  do  not  have  to  register  with  the  Government 
and  are  generally  permitted  to  associate  freely  with  other  national  and  foreign  bod- 
ies, the  regime  significantly  tightened  regulations  on  organized  labor  (see  Section 
6.a.). 

The  Government  continued  to  ban  political  organizations  that  it  contended  were 
founded  primarily  along  ethnic,  tribal,  religious,  or  other  parochial  lines  for  the  pur- 
pose of  sponsoring  various  political  candidates.  Only  the  five  government-sanctioned 
political  parties  may  sponsor  political  candidates. 

In  February  a  seminar  organized  by  the  Katsina  state  branch  of  the  Nigeria 
Union  of  Journalists  (NUJ)  was  cordoned  off  by  antiriot  police,  who  turned  away 
union  members  and  dignitaries.  Police  officers  in  the  northern  city  of  Kaduna  pre- 
vented the  holding  of  three  meetings  scheduled  by  NGO's  for  March  1.  The  various 
venues  of  the  meetings,  which  were  to  address  the  issues  of  human  rights,  labor 
unions,  and  the  progress  of  the  transition  program,  were  closed  by  police,  who  in 
two  cases  used  tear  gas  to  disperse  participants.  A  May  1  workshop  on  conflict  man- 
agement in  Port  Harcourt  was  canceled  when  the  SSS  warned  local  coordinators 
that  such  a  meeting  could  not  be  held  on  Workers  Day,  a  local  holiday.  Similar 
workshops  elsewhere  proceeded  unimpeded  despite  the  holiday.  In  August  a  semi- 
nar organized  by  the  bureau  of  African  Labor,  Human,  and  Democratic  Rights  was 
canceled  after  police  occupied  the  seminar  site  and  ordered  participants  to  disperse. 

On  August  27,  police  canceled  a  reception  and  award  ceremony  organized  by  the 
domestic  NGO,  Human  Rights  Africa  (HRA),  in  honor  of  Justice  Elizabeth  Kayissan 
Pognon,  President  of  Benin's  Constitutional  Court,  arrested  HARA  director  Tunji 
Abayomi,  and  detained  him  for  3  days.  On  September  25,  police  and  SSS  agents 
broke  up  an  HRA  seminar  for  students  in  Jos,  arrested  Abayomi  and  4  others,  and 
briefiy  detained  some  70  students.  Abayomi  and  the  others  were  held  for  10  days 
and  then  released  on  bail.  On  August  28,  security  forces  prevented  the  public 
launching  of  a  book  entitled  "Abiola,  Democracy  and  Rule  of  Law,"  which  was  pub- 
lished subsequently.  In  September  a  farewell  reception  hosted  by  Nigerian  democ- 


269 

racy  and  human  rights  NGO's  in  honor  of  a  departing  foreign  ambassador  was  dis- 
persed by  uniformed  military  and  police  ofTicers,  who  forced  their  way  into  the  pri- 
vate residence  where  the  party  was  being  held  and  ordered  guests  at  gunpoint  to 
disperse. 

c.  Freedom  of  Religion. — The  Government  generally  respects  freedom  of  belief, 
practice,  and  religious  education  provided  for  by  the  suspended  1979  and  1989  Con- 
stitutions. Both  Constitutions  also  prohibit  state  and  local  governments  from  adopt- 
ing an  official  religion.  The  Government  instituted  a  ban  in  1987  (which  is  still  in 
efiect)  on  religious  organizations  on  campuses  of  primary  schools,  although  individ- 
ual students  retain  the  right  to  practice  their  religion  in  recognized  places  of  wor- 
ship. 

Distribution  of  religious  publications  remained  generally  unrestricted.  There  is  a 
lightly  enforced  ban  on  published  religious  advertisements,  and  religious  program- 
ming on  television  and  radio  remains  closely  controlled  by  the  Government.  While 
it  did  not  outlaw  the  practice,  the  Government  discouraged  proselytizing  in  the  be- 
lief that  it  stirs  up  religious  tensions.  The  Government  continued  to  eniorce  a  ban 
on  open-air  religious  services  away  from  places  of  worship  (see  Section  2.b.). 

Both  Christian  and  Muslim  organizations  allege  that  the  Ministry  of  Foreign  Af- 
fairs and  the  Immigration  Department  restrict  the  entry  into  the  country  of  certain 
religious  practitioners,  particularly  persons  suspected  of  proselytizing. 

Isolated  incidents  of  religious  tension,  either  motivated  by  or  resulting  in  govern- 
ment intervention,  occurred  throughout  the  year.  Both  Muslim  and  Christian  groups 
were  affected  by  these  incidents.  The  continued  detention  of  Shi'ite  religious  leader 
Sheikh  Ibrahim  al-Zakzaky  sparked  demonstrations  in  northern  Nigeria  that  were 
handled  harshly  by  government  security  forces.  In  January  over  100  people  were  ar- 
rested in  Sokoto  when  police  raided  a  meeting  in  a  mosque  where  plans  to  "breach 
the  peace"  were  allegedly  being  discussed.  On  February  7,  the  Muslim  holy  day 
marting  the  end  of  Ramadan,  police  opened  fire  on  unarmed  demonstrators  in  Kano 
and  killed  at  least  five  persons.  The  Government  took  no  action  against  the  police 
who  had  fired  on  the  demonstrators.  In  July  similar  protests  in  Kaduna  also  re- 
sulted in  some  deaths. 

Over  100  people  were  arrested  in  late  1996  after  the  September  arrest  of  Zakzaky 
led  to  a  series  of  demonstrations  by  his  followers.  Zakzaky  was  arraigned  in  late 
July  on  charges  of  inciting  disaffection  against  the  federal  and  Kaduna  state  govern- 
ments and  publishing  and  distributing  magazines  critical  of  the  regime.  Zakzaky 
has  repeatedly  called  for  the  establishment  of  Islamic  government  and  urged  sup- 
porters to  reject  the  authority  of  the  present  regime.  Many  of  his  followers  who  were 
arrested  during  demonstrations  in  1996  remained  in  detention  without  charge. 

In  June  Lagos  state  police  and  Operation  Sweep  members  raided  the  Agege  area 
of  Lagos  and  arrested  at  least  36  people  believed  to  be  members  of  the  Maitatsine 
religious  sect.  A  subsequent  raid  in  August  reportedly  resulted  in  over  200  arrests, 
and  those  detained  remain  in  prison  at  year's  end.  The  Maitatsine  follow  the  teach- 
ings of  Maitatsine  Marwa,  an  Islamic  leader  from  Cameroon  whose  activities  in  Ni- 
geria led  to  his  expulsion  from  Kano  in  1960  and  a  series  of  bloody  uprisings  in  the 
1980's  in  which  more  than  4,000  persons  are  believed  to  have  died.  According  to 
many  sources,  hundreds  of  supporters  of  the  two  main  Islamic  groups  in  northern 
Nigeria,  the  Islamic  Brotherhood  and  the  Tajdid  Jihad  Islamiya,  were  detained  for 
varying  periods  during  the  year,  while  others  "disappeared." 

A  Palm  Sunday  procession  in  Ilorin,  Kwara  state  was  dispersed  by  soldiers  alter 
a  member  of  the  procession  asked  a  car  owner,  a  military  officer,  to  remove  his  vehi- 
cle from  the  procession  route.  In  response  the  officer  reportedly  ordered  his  col- 
leagues to  disperse  the  crowd,  and  the  soldiers  proceeded  to  whip  members  of  the 
religious  gathering.  The  Government  took  no  action  against  the  officer  or  the  sol- 
diers. Several  Christian  leaders  who  were  outspoken  on  political  issues  reported 
being  harassed,  being  threatened  by  unknown  persons,  and  receiving  threatening 
letters. 

A  debate  over  taxation  of  religious  organizations  was  sparked  in  June  when  the 
Ifelodun/Aieromi  local  government  council  of  Lagos  state  sent  notices  to  local 
churches  tnat  they  would  soon  be  required  to  pay  a  fee  of  about  $110  (10,000  naira) 
under  a  new  religious  premises  permit  edict.  Christian  and  Muslim  leaders  united 
against  the  proposed  legislation,  and  the  federal  Internal  Revenue  Service  soon  de- 
nied that  there  was  any  plan  to  tax  religious  bodies. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  two  Constitutions  entitle  citizens  to  move  freely  throughout  the 
country  and  reside  where  they  wish.  However,  increasing  violent  crime  in  many 
parts  of  the  country  prompted  police  to  set  up  roadblocks  and  checkpoints  where  se- 
curity and  law  enforcement  officials  routinely  engaged  in  extortion,  violence,  and  ex- 
cessive use  of  force  (see  Section  1.  a.). 


270 

The  Constitutions  also  prohibit  expulsion  or  denial  of  exit  or  entry  to  any  citizen. 
In  practice,  however,  women  must  often  obtain  permission  from  a  male  family  mem- 
ber before  being  granted  a  passport,  and  the  Government  commonly  prevented  trav- 
el for  political  reasons.  Throughout  the  year,  the  Government  seizea  the  passports 
of  critics. 

Journalists  reported  harassment  at  the  nation's  airports  by  security  officials,  in- 
cluding being  required  to  fill  out  special  entry  and  exit  forms  detailing  their  move- 
ments abroad,  reasons  for  traveling,  and  names  of  friends  and  associates  overseas. 
Security  ofTicials  continued  to  interrogate  and  temporarily  confiscate  the  passports 
of  journalists  seeking  to  travel.  The  Government  assigned  security  personnel  to 
Murtala  Mohammed  International  Airport  to  screen  departing  passengers  and  ap- 
prehend prodemocracy  supporters.  Government  security  agents  questioned  exten- 
sively citizens  who  had  been  issued  U.S.  visas.  Agents  reportedly  had  orders  to  seize 
passports  and  detain  citizens  whose  responses  were  not  satisfactory.  Some  travelers 
were  transferred  to  military  intelligence  officers  or  SSS  personnel  for  further  ques- 
tioning. 

The  passport  of  Eke  Ubiji,  Executive  Secretary  of  Amnesty  International  Nigeria, 
was  seized  in  December  1996  when  he  attempted  to  travel  to  London  for  an  official 
workshop.  The  passport  remained  with  security  officials  throughout  the  year.  On 
July  26,  the  Executive  Director  of  the  independent  human  rights  monitoring  group 
Media  Rights  Agenda,  Edetaen  Ojo,  was  prevented  from  traveling  when  security 
agents  seized  his  passport  at  the  airport.  After  his  flight  had  departed,  his  passport 
was  returned  and  he  was  allowed  to  go  home.  NADECO  leader  Abraham  Adesanya 
sought  in  July  to  regain  his  passport,  which  had  been  held  since  his  detention  in 
the  wake  of  the  1995  murder  of  Kudirat  Abiola,  to  enable  him  to  travel  for  a  special 
meeting  of  the  Commonwealth  Ministerial  Action  Group.  The  passport  was  returned 
the  day  before  his  proposed  travel  but  had  expired  and  was  not  renewed.  Former 
chairman  of  the  editorial  board  of  the  daily  The  Guardian  and  a  visiting  professor 
of  journalism  at  a  U.S.  university,  Olatunji  Dare,  was  detained  overnight  and  his 
passport  seized  upon  his  arrival  from  the  United  States  on  June  2.  He  was  told  to 
report  to  the  SSS  to  retrieve  his  passport.  After  being  interrogated  on  June  17  by 
SSS  officials  about  his  activities  abroad,  his  passport  was  returned.  Many  human 
rights  and  prodemocracy  activists  preferred  to  use  alternative  travel  routes  for  fear 
of^being  stopped  by  security  agents,  and  some  reported  that  they  circumvented  po- 
tential problems  with  travel  documents  by  having  them  renewed  at  embassies  and 
consulates  abroad. 

The  Government  cooperates  with  the  Lagos  office  of  the  United  Nations  High 
Commissioner  for  Refugees  (UNHCR)  and  other  humanitarian  agencies  in  assisting 
refugees  through  the  National  Commission  for  Refugees  and  its  Federal  Commis- 
sioner. Regulations  governing  the  granting  of  refugee  status,  asylum,  and  resettle- 
ment are  outlined  in  Decree  52  of  1989,  which  incorporates  many  aspects  of  the 
1951  U.N.  Convention  Relating  to  the  Status  of  Refugees  and  its  1967  Protocol.  Ref- 
ugee and  resettlement  applications  are  reviewed  by  the  Eligibility  Committee  estab- 
lished under  Decree  52.  A  representative  from  the  UNHCR  participates  in  this  com- 
mittee. The  issue  of  the  provision  of  first  asylum  has  not  arisen  since  the  establish- 
ment of  the  National  Commission  for  Refugees  under  Decree  52. 

There  are  an  estimated  5,000  to  6,000  Liberian,  1,400  Chadian,  1,500 
Cameroonian,  140  Ghanaian,  100  Sierra  Leonean,  and  an  undetermined  number  of 
Togolese,  Somalian,  Sudanese  and  Ethiopian  refugees.  The  UNHCR,  in  cooperation 
with  the  Government,  began  a  program  of  voluntary  repatriation  of  Liberian  refu- 
gees in  July.  There  were  no  reports  that  refugees  were  expelled.  There  were  no  re- 
ports of  the  forced  return  of  persons  to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Gouern- 
tiient 

Citizens  did  not  have  the  right  to  change  their  government  in  1997.  There  was 
little  indication  that  Abacha's  military  regime  intended  to  allow  citizens  to  exercise 
this  right  other  than  through  a  process  tightly  controlled  by  the  regime.  Laws  con- 
tinued to  be  made  by  decree  approved  by  the  Head  of  State.  Throughout  the  year, 
the  regime  committed  numerous,  repeated,  and  serious  human  rights  abuses  in  its 
efTort  to  prevent  citizens  from  mounting  peaceful  opposition. 

After  coming  to  power,  the  PRC  headed  by  General  Sani  Abacha  promised  to  re- 
turn the  country  to  civilian,  democratic  rule  but  did  not  provide  a  timetable  until 
Abacha's  1995  Independence  Day  address.  In  this  speech,  Abacha  announced  a  tran- 
sition timetable  leading  to  inauguration  of  a  civilian  president  on  October  1,  1998. 
The  transition  process  provided  for  a  series  of  local,  state,  and  federal  elections  over 
the  3-year  period.  After  significant  delays  and  repeated  organizational  problems 
marred  the  original  transition  program,  tne  head  o(^  the  Transition  Implementation 


271 

Committee,  a  government  body  set  up  to  oversee  and  advise  on  the  program,  an- 
nounced in  July  significant  changes  to  the  transition  timetable  delaying  the  dates 
for  gubernatorial  and  state  assembly  elections.  The  National  Assembly  elections, 
however,  are  still  scheduled  to  take  place  in  the  second  quarter  of  1998  and  the  date 
for  inauguration  of  a  new  government  remained  October  1,  1998. 

By  year's  end,  there  was  little  meaningful  progress  towards  democracy  despite 
Abacha's  3-year  transition  program.  Local  government  elections  originally  scheduled 
for  late  1996  were  held  March  15,  but  significant  problems  with  voter  registration, 
the  delineation  of  constituencies,  guidelines  for  the  conduct  of  elections,  and  the 
screening  of  candidates  remained  even  after  the  elections  were  held,  casting  doubts 
on  the  process.  At  year's  end,  disputes  over  the  results  of  several  elections  were  still 
pending  before  the  government-  appointed  election  tribunals,  and  questions  re- 
mained as  to  whether  the  boundaries  of  local  government  areas  and  wards  would 
again  be  shift,ed,  leading  to  the  removal  of  some  elected  officials.  In  April  the  Gov- 
ernment promulgated  a  decree  granting  the  Head  of  State  the  authority  to  replace 
at  will  any  elected,  local  government  official  with  a  sole  administrator  and  forbid- 
ding court  review  of  election  contests.  At  year's  end,  the  Government  had  not  used 
this  authority. 

Most  leading  politicians  remained  outside  the  political  arena,  after  key  political 
parties  were  denied  registration  by  the  National  Electoral  Commission  of  Nigeria 
(NECON)  in  1996  (see  Section  2.b.).  NECON  retained  the  right  to  revoke  the  reg- 
istration of  political  parties  at  any  time,  leaving  a  loophole  to  disqualify  parties  for 
arbitrary  reasons.  Individual  members  of  unregistered  parties  are  permitted  to  join 
the  officially  registered  parties.  Former  Petroleum  Minister  and  prominent  political 
figure,  Don  Etiebet,  founded  the  National  Center  Party  of  Nigeria  (NCPN),  which 
was  registered  by  NECON.  Early  in  the  year,  Etiebet  made  public  his  intention  to 
run  for  the  presidency  under  the  NCPN  banner.  On  March  15,  the  day  of  local  gov- 
ernment elections,  security  operatives  arrested  Etiebet.  He  was  detained  for  several 
days;  upon  his  release,  he  gave  a  press  conference  in  which  he  renounced  his  presi- 
dential ambitions  and  announced  his  decision  to  transfer  to  the  dominant  United 
Nigeria  Congress  Party  (UNCP). 

At  the  end  of  the  year,  the  electoral  process  had  failed  to  generate  popular  sup- 
port for  the  authorized  political  parties  or  their  leadership.  The  possibility  of  the 
transition  program  producing  a  serious  presidential  candidate  other  than  Abacha 
appeared  remote.  State  assembly  elections  took  place  on  December  6,  but  voter  turn- 
out was  very  low. 

The  Government  took  no  further  action  against  10  former  state  administrators  re- 
moved from  their  positions  in  1996,  reportedly  for  their  activities  while  holding  of- 
fice. None  of  the  administrators  were  formally  charged  with  any  offense. 

Politics  remained  dominated  by  men.  However,  there  are  no  legal  impediments  to 
political  participation  or  voting  by  women  or  members  of  any  minority  group.  There 
are  three  women  in  the  Cabinet  announced  on  December  15  and  female  judges  and 
magistrates  at  all  levels  of  the  judiciary.  Government  regulations  restrict  the  par- 
ticipation of  dual  nationals  in  politics  (NECON  guidelines  for  local  government  elec- 
tions stipulated  that  dual  nationals  may  not  run  for  ofTice),  but  the  regulations  were 
only  loosely  enforced.  There  were  several  reports  that  minority  voters  living  outside 
their  traditional  regions  were  prevented  from  voting  by  overly  zealous  government 
officials. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  permitted  local  human  rights  groups  to  operate  but  often  inter- 
fered with  their  activities,  detaining  and  intimidating  their  members,  and  prevent- 
ing them  from  criticizing  the  Government's  human  rights  record  (see  Sections  l.d. 
and  2.a.).  High-level  government  officials  regularly  denounced  the  activities  of  the 
human  rights  community,  often  accusing  its  members  and  the  independent  press  of 
participating  in  foreign-inspired  plots  to  destabilize  the  country. 

Notwithstanding  the  Government's  hostile  attitude,  domestic  and  international 
human  rights  groups  engaged  in  a  vocal  and  public  campaign  to  promote  human 
rights.  Among  the  most  active  organizations  are:  the  Civil  Liberties  Organization; 
the  Committee  for  the  Defense  of  Human  Rights;  the  Constitutional  Rights  Project; 
the  National  Association  of  Democratic  Lawyers;  Human  Rights  Africa;  and  the 
Legal  Research  and  Resource  Development  Center.  A  number  of  prominent  authors, 
artists,  educators,  and  jurists,  in  addition  to  professional  and  labor  organization 
leaders,  spoke  out  frequently  on  human  rights  issues  as  well.  Amnesty  International 
is  active  and  the  International  Committee  of  the  Red  Cross  has  a  regional  office  in 
Lagos. 


272 

The  regime  established  a  National  Human  Rights  Commission  (NHRC)  in  1996, 
but  the  scope  of  its  activities  was  hindered  by  lack  of  adequate  funding  and  organi- 
zational support.  Although  some  NGO's  agreed  to  coordinate  with  the  NHRC,  the 
Commission  lacked  credibility  as  an  independent  monitoring  body.  The  Commission 
was  further  hampered  by  the  lack  of  a  clear  mandate  to  do  anything  other  than  con- 
vene meetings.  The  Commission  did  begin  reviewing  some  cases  submitted  for  adju- 
dication and  was  instrumental  in  procuring  the  release  of  some  people  who  had  been 
detained  without  trial  for  periods  exceeding  10  years.  The  Commission  embarked  on 
a  factfinding  tour  of  the  nation's  prisons.  However,  repeated  requests  for  the  NHRC 
to  review  the  cases  of  alleged  coup  plotters  and  political  detainees  went  unanswered. 

The  Government  impeded  visits  by  foreign  human  rights  monitoring  groups  and 
individuals  by  delaying  or  refusing  visas  and  attempting  to  manipulate  tneir  sched- 
ules. The  most  notable  example  was  the  aborted  trip  in  February  of  United  Nations 
special  rapporteurs  who  intended  to  review  problems  of  judicial  independence  and 
extrajudicial  killings.  The  rapporteurs,  who  initially  had  received  government  assur- 
ances of  access  to  detainees,  were  later  denied  assurances  of  access  to  alleged  coup 
plotters  convicted  by  secret  military  tribunals  and  detained  political  figures  such  as 
M.K.O.  Abiola  and  postponed  the  trip  "indefinitely."  After  the  Government  pre- 
vented a  delegation  from  the  Commonwealth  Ministerial  Action  Group  from  meeting 
with  human  rights  and  prodemocracy  leaders,  several  groups  were  invited  to  Ixin- 
don  by  the  Commonwealth  Ministerial  Action  Group  to  present  their  points  of  view. 

In  August  a  prominent  jurist  from  Benin,  who  was  to  receive  an  award  from 
Human  Rights  Africa,  canceled  her  trip  to  Lagos  following  a  warning  by  government 
officials  to  diplomats  at  the  Benin  embassy  in  Lagos  that  she  should  not  enter  Nige- 
ria. 

Since  November  1995,  the  International  Labor  Organization  (ILO)  has  repeatedly 
called  on  the  Government  to  receive  an  ILO  direct  contacts  mission  to  examine  vio- 
lations of  workers  rights  and  to  visit  prominent  detained  labor  leaders.  In  a  June 
18  letter  to  the  ILO,  the  Government  agreed  that  such  a  mission  could  take  place 
in  September.  Several  days  before  the  planned  departure  of  the  mission,  however, 
the  Government  notified  the  ILO  that  September  was  no  longer  suitable.  The  ILO 
has  expressed  "grave  concern"  over  the  Government's  continual  postponement  of  the 
mission. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Both  the  1979  and  1989  Constitutions  provide  citizens  with  the  right  to  freedom 
from  discrimination  based  on  "community,  place  of  origin,  ethnic  group,  sex,  reli- 
gion, or  political  opinion."  However,  customary  and  religious  discrimination  against 
women  persisted,  and  tension  between  the  Government  and  disaffected  minority 
groups  also  continued. 

Women. — Reports  of  spousal  abuse  were  common,  especially  those  of  wife  beating 
in  polygynous  families.  Police  did  not  normally  intervene  in  domestic  disputes, 
which  were  seldom  discussed  publicly.  The  Penal  Code  permits  husbands  to  use 

Ehysical  means  to  chastise  their  wives  as  long  as  it  does  not  result  in  "grievous 
arm,"  which  is  defined  as  loss  of  sight,  hearing,  power  of  speech,  facial  disfigure- 
ment, or  other  life-endangering  injuries.  In  more  traditional  areas,  courts  and  police 
were  reluctant  to  intervene  to  protect  women  who  formally  accused  their  husbands, 
if  the  level  of  alleged  abuse  did  not  exceed  customary  norms  in  the  area.  Purdah, 
the  Islamic  practice  of  keeping  girls  and  women  in  seclusion  from  men  outside  the 
family,  continued  in  parts  of  the  far  north. 

Women  also  bore  tne  brunt  of  attacks  for  social  and  religious  reasons,  particularly 
for  "immodest"  or  "inappropriate"  behavior.  There  were  credible  reports  that  sus- 
pected prostitutes  in  Lagos  (prostitution  is  not  illegal;  pandering  is)  were  detained 
routinely  by  security  forces  and  subjected  to  involuntary  HIV  testing.  The  extent  to 
which  this  action  was  part  of  a  national  government  policy  was  not  clear,  and  what 
sanctions  would  be  placed  on  those  who  tested  positive  for  the  virus  remained  unde- 
termined. In  January  women  wearing  trousers  were  prevented  from  entering  the 
federal  secretariat  in  Abuja,  sparking  a  national  debate  over  standards  of  immodest 
or  inappropriate  dress  for  women.  In  F'ebruary  the  Government  announced  that 
women  in  trousers  were  to  be  permitted  free  access  to  government  buildings. 

Women  experienced  considerable  discrimination  as  well  as  physical  abuse.  There 
are  no  laws  barring  women  from  particular  fields  of  employment,  but  women  often 
experienced  discrimination  because  the  Government  tolerates  customary  and  reli- 
gious practices  that  adversely  affect  them.  Women  remained  underrepresented  in 
the  formal  sector,  but  played  an  active  and  vital  role  in  the  country's  increasingly 
important  informal  economy.  While  the  number  of  women  employed  in  the  business 
sector  increases  every  year,   women  do  not  receive  equal  pay  for  equal   work  and 


273 

often  find  it  extremely  difficult  to  acquire  commercial  credit  or  obtain  tax  deductions 
or  rebates  as  heads  of  households. 

While  some  women  have  made  considerable  individual  progress,  both  in  the  aca- 
demic and  business  world,  most  remained  underprivileged.  Although  women  are  not 
legally  barred  from  owning  land,  under  some  customary  land  tenure  systems  only 
men  can  own  land,  and  women  gain  access  to  land  through  marriage  or  family.  In 
addition  many  customary  practices  do  not  recognize  a  woman's  right  to  inherit  her 
husband's  property,  and  many  widows  are  rendered  destitute  when  their  in-laws 
take  virtually  all  of  the  deceased  husband's  property.  In  other  areas,  a  widow  is  con- 
sidered part  of  her  husband's  property  and  she  too  may  be  "inherited"  by  his  family. 
Poly^ny  continued  to  be  widely  practiced  among  all  ethnic  groups  in  both  Christian 
and  Islamic  communities.  Women  were  sometimes  required  to  obtain  permission 
from  a  male  family  member  to  get  a  passport  (see  Section  2.d.).  The  testimony  of 
women  is  not  equal  to  that  of  men  in  Snari'a  courts  (see  Section  I.e.). 

Children. — The  Government  remained  only  sporadically  committed  to  children's 
rights  and  welfare.  Public  schools  continued  to  deteriorate,  and  limited  facilities  pre- 
cluded access  to  education  for  many  children.  The  requirement  for  compulsory  pri- 
mary education  is  rarely  enforced.  While  the  Government  has  increased  spending 
on  children's  health  in  recent  years,  it  seldom  enforced  even  the  inadequate  laws 
designed  to  protect  the  rights  oi  children. 

Although  the  law  stipulates  that  "no  child  shall  be  ordered  to  be  imprisoned,"  ju- 
venile ofienders  are  routinely  incarcerated  along  with  hardened  criminals.  The  Gov- 
ernment only  occasionally  condemned  child  abuse  and  neglect  and  made  little  effort 
to  stop  customary  practices  harmful  to  children,  such  as  the  sale  of  young  girls  into 
marriage.  There  were  credible  reports  that  poor  families  sold  their  daughters  into 
marriage  as  a  means  of  supplementing  their  income.  Young  girls  were  often  forced 
into  marriage  as  soon  as  they  reached  puberty,  regardless  oi  age,  to  prevent  the  "in- 
decency" associated  with  premarital  sex. 

The  Government  publicly  opposed  female  genital  mutilation  (FGM)  which  is  wide- 
ly condemned  by  international  health  experts  as  damaging  to  both  physical  and  psy- 
chological health.  However,  the  Government  took  only  limited  steps  to  abolish  the 
procedure.  Government  officials  have  supported  the  campaign  against  FGM,  which 
is  spearheaded  by  private  groups.  In  Feoruary  the  Minister  of  Health,  Ihechukwu 
Maaubuike,  announced  that  the  Government  had  established  a  25-person  committee 
to  study  the  issue,  but  no  results  from  the  study  were  available  at  year's  end.  FGM 
is  practiced  extensively  in  all  parts  of  the  country  and  among  all  religious  groups, 
and  many  ethnic  groups  continued  to  subject  young  females  to  P^GM.  Current  esti- 
mates place  the  prevalence  of  FGM  between  60  and  90  percent.  According  to  a  1997 
World  Health  Organization  (WHO)  study,  an  estimated  30.6  million  women  and 
girls,  or  about  60  percent  of  the  nation's  total  population,  have  experienced  FGM. 
A  1996  United  Nations  Development  Systems  (UNDS)  study  reported  a  similar 
number  of  32.7  million  women  affected  by  FGM.  However,  according  to  recognized 
experts  in  FGM  study  in  Nigeria,  the  actual  prevalence  of  F'GM  may  be  much  high- 
er than  either  of  the  figures  reported  by  WHO  or  UNDS,  for  there  is  speculation 
that  many  communities  may  be  less  than  straightforward  with  information  regard- 
ing their  FGM  practices.  For  example  some  ciata  indicate  that  the  prevalence  of 
FGM  could  be  as  high  as  90  percent.  Other  local  experts  estimated  that  as  many 
as  50  percent  of  women  have  undergone  FGM,  and  most  agreed  that  the  number 
of  young  girls  now  facing  FGM  is  declining.  Indigenous  forms  of  FGM  vary  from  the 
simple  removal  of  the  ciitoral  hood  or  labia  minora  to  excision  of  the  clitoris  and 
the  most  dangerous  form,  infibulation.  The  age  at  which  females  are  subjected  to 
FGM  varies  from  the  first  week  of  life  until  after  a  woman  delivers  her  first  child. 
The  Ministry  of  Health  and  many  NGO's  sponsored  public  awareness  projects  to 
educate  communities  about  the  health  hazards  of  FGM.  The  press  openly  con- 
demned the  practice. 

People  With  Disabililies. — While  the  Government  called  for  private  businesses  to 
institute  policies  ensuring  fair  treatment  for  the  disabled,  it  did  not  enact  any  laws 
requiring  greater  accessibility  to  buildings  or  public  transportation  nor  did  it  formu- 
late any  policy  specifically  ensuring  the  right  of  the  disabled  to  work.  The  (Govern- 
ment announced  its  intention  to  establish  a  National  Rehabilitation  Institute  and 
resource  center  in  Abuja  and  encouraged  the  work  of  private  organizations  involved 
with  the  disabled. 

Religious  Minorities. — The  law  prohibits  religious  discrimination.  Nonetheless,  re- 
ports were  common  that  government  officials  discriminated  against  persons  practic- 
ing a  religion  different  from  their  own.  Private  businesses  are  frequently  guilty  of 
informal  religious  discrimination  in  their  hiring  practices. 

Religious  tensions  led  to  several  instances  oi  violence  during  the  year.  There  were 
regular  clashes  in  northern  Nigeria  between  Shi'ite  Muslim  groups  and  Sunni  Mus- 


274 

lims,  which  resulted  in  deaths  and  injuries.  Sporadic  incidents  of  attacks  on  individ- 
ual religious  leaders  were  reported,  but  the  nature  and  perpetrators  of  the  attacks 
were  various,  and  there  was  not  a  pattern  of  one  religious  group  attacking  another. 

National  I  Racial  I  Ethnic  Minorities. — The  Government  has  promulgated  no  official 
policy  concerning  discrimination  against  any  of  the  more  than  250  ethnic  groups, 
and  laws  do  not  favor  one  group  over  another.  However,  there  is  a  long  history  of 
tension  among  the  diverse  ethnic  groups.  Clashes  continued  between  rival  ethnic 
groups  in  Delta,  Rivers,  Benue,  Cross  River,  Bayelsa,  Osun,  Kaduna,  Plateau,  and 
Taraba  states,  oflen  resulting  in  casualties.  Tradition  continued  to  impose  consider- 
able pressure  on  individual  government  officials  to  favor  their  own  ethnic  group, 
and  ethnic  favoritism  persisted.  The  ongoing  government  review  of  boundaries  for 
state  and  local  government  areas  sparked  several  communal  clashes,  most  notably 
in  Ife-Modakeke,  Osun  state  (that  by  some  estimates  cost  over  100  lives),  and  the 
Ijaw-Itsekiri  conflict  in  Delta  state  (that  has  led  to  over  110  deaths  according  to  un- 
oflicial  estimates). 

The  Ogoni,  an  ethnic  group  indigenous  to  Rivers  state  in  eastern  Nigeria  (one  of 
the  oil-producing  regions),  maintained  that  the  Government  continued  a  systematic 
campaign  to  deprive  the  group  of  its  land  and  wealth.  Members  of  the  Ogoni  group 
claimed  that  the  Government  seized  their  property  without  fair  compensation,  ig- 
nored the  environmental  impact  of  oil  production  on  Ogoni  land,  and  failed  to  pro- 
vide adequate  public  services,  such  as  water  and  electricity.  The  confrontation  be- 
tween the  Government  and  the  Ogoni  remained  tense  at  times.  The  Movement  for 
the  Survival  of  the  Ogoni  People  (MOSOP),  an  NGO  that  campaigns  for  Ogoni  au- 
tonomy, described  government  policy  toward  the  Ogoni  as  genocide.  Ogoni  concerns 
about  environmental  degradation  and  the  quality  of  social  services  have  merit.  The 
Ogoni  19,  accused  of  murdering  4  Ogoni  leaders  in  July  1994,  remained  in  detention 
at  year's  end  (see  Section  I.e.)  as  did  other  Ogonis  suspected  of  opposing  the  Gov- 
ernment. On  November  10,  military  authorities  in  the  Ogoni  area  banned  all  public 
meetings  to  prevent  public  demonstrations  on  the  second  anniversary  of  the  hanging 
of  Ogoni  leader  Ken  Saro-Wiwa.  The  ban,  backed  by  a  heavy  armed  forces  presence, 
was  effective.  MOSOP  leaders  claimed  on  December  29  that  authorities  had  in- 
creased harassment  of  Ogoni  residents  and  arrested  20  people  in  an  alleged  attempt 
to  forestall  the  January  4  commemoration  of  Ogoni  Day. 

Other  ethnic  minorities,  particularly  in  Delta,  Rivers,  Bayelsa  and  Akwa  Ibom 
states  have  echoed  Ogoni  claims  of  environmental  degradation  and  government  in- 
difference to  their  development.  Groups  such  as  the  Ijaw,  Itsekiri,  and  Urhobo  grew 
increasingly  vocal  in  expressing  their  unhappiness,  while  incidents  of  ethnic  conflict 
and  confrontation  with  government  forces  increased  significantly  in  these  areas. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Worker  rights  further  deteriorated  as  the  Govern- 
ment continued  its  far-reaching  interference  in  the  afTairs  of  organized  labor.  Since 
1994,  the  Government  has  systematically  weakened  the  independence  and  viability 
of  the  labor  movement  by  enacting  decrees  to  restrict  selection  of  union  leaders;  di- 
recting union  mergers;  dissolving  some  unions  entirely;  and  throwing  into  question 
the  legal  status  of  other  labor  organizations.  In  1997  the  Government  officially  an- 
nounced two  new  decrees  that  seriously  infringe  upon  worker  rights:  Decree  26  of 
1996  grants  the  Labor  Minister  broad  administrative  authority  to  dissolve  unions, 
while  Decree  29  of  1996  prohibits  union  affiliation  with  international  labor  organiza- 
tions, except  with  express  government  approval.  The  Government  continues  to  ad- 
minister directly  the  central  labor  body  and  two  key  petroleum  unions,  refusing  to 
allow  a  return  to  freely  elected  leadership.  Despite  domestic  and  international  pleas 
for  their  release,  two  prominent  union  leaders  remain  detained  without  charge.  Ni- 
geria's freauent  disregard  for  the  right  of  association  drew  concern  and  condemna- 
tion from  tne  International  Labor  Organization  (ILO). 

Workers,  except  members  of  the  armed  forces  and  employees  designated  as  essen- 
tial by  the  Government,  may  join  trade  unions.  Essential  employees  include  fire- 
fighters, police,  employees  of  the  central  bank,  the  security  printers  (printers  of  cur- 
rency, passports,  and  government  forms),  and  customs  and  excise  stafT.  Since  issu- 
ing the  Teaching  Essential  Services  Decree  in  May  1993,  the  Government  has  con- 
sidered education  an  essential  service.  The  Decree  did  not,  however,  proscribe  edu- 
cation sector  unions. 

By  law  any  non agricultural  enterprise  employing  50  or  more  people  in  commerce 
or  industry  must  allow  blue-collar  and  clerical  employees  to  unionize  and  must  insti- 
tute a  compulsory  dues  checkoff.  The  Government  has  in  the  past  withdrawn  the 
obligatory  dues  checkoff  provision  when  unions  pursue  strikes,  as  in  the  cases  of  the 
1993  general  strike  and  the  1994  petroleum  strike. 


275 

Approximately  11.5  percent  of  the  total  work  force  belong  to  unions.  With  the  ex- 
ception of  a  small  numoer  of  workers  in  food  processing  enterprises,  the  agricultural 
sector,  which  employs  some  70  percent  of  the  work  force,  is  not  unionized.  Most  of 
the  informal  sector  and  practically  all  small  businesses  remain  nonunionized. 

The  right  to  strike  is  recognized  by  law,  except  for  those  performing  essential 
services.  However,  workers  are  required  to  give  21  days'  notice  prior  to  commencing 
a  strike.  Numerous  public  and  private  sector  strikes  occurred,  often  due  to  nonpay- 
ment of  salaries  or  noncompliance  with  previous  agreements. 

There  are  no  laws  prohibiting  retribution  against  strikers  and  strike  leaders,  but 
strikers  who  believe  that  they  experience  unfair  retribution  may  submit  their  cases 
to  the  Industrial  Arbitration  Panel  (lAP)  with  prior  approval  of  the  Labor  Ministry. 
Decisions  of  the  LAP  are  binding  on  all  parties,  but  may  be  appealed  to  the  Nigerian 
Industrial  Court  (NIC).  Union  representatives  have  described  the  arbitration  proc- 
ess as  cumbersome  and  time  consuming. 

Since  1978  the  Government  has  mandated  a  single  trade  union  structure  with 
service  and  industrial  unions  grouped  under  the  Nigeria  Labor  Congress  (NLC).  The 
NLC  claims  to  represent  3  million  workers  out  of  a  total  work  force  of  30  million. 
In  1994  the  Government  dissolved  the  elected  National  Executive  Council  of  the 
NLC  and  placed  it  under  the  authority  of  a  government-appointed  sole  adminis- 
trator. Despite  repeated  promises  over  a  period  of  several  years  that  a  freely  elected 
executive  council  would  replace  the  sole  administrator,  the  Government  took  no 
credible  steps  to  hold  such  elections.  Although  state-level  NLC  executive  councils 
continue  to  function,  direct  government  control  over  the  NLC  at  the  national  level 
prevents  it  from  representing  workers  in  any  credible  manner. 

In  1994  the  Government  also  dissolved  the  elected  national  executive  councils  of 
two  key  oil  sector  unions,  the  National  Union  of  Petroleum  and  Natural  Gas  Work- 
ers (NUPENG),  and  the  Petroleum  and  Natural  Gas  Senior  Staff  Associations 
(PENGASSAN).  The  unions  remain  under  the  authority  of  government-appointed 
sole  administrators,  despite  ILO  calls  for  a  return  to  freely  elected  leadership. 

In  1996  the  Gxivernment  unveiled  the  Trade  Unions  (amendment)  Decree,  known 
as  Decree  4.  The  measure  reduced  the  number  of  industrial  trade  unions  from  41 
to  29  through  directed  mergers;  barred  full-time  union  managers  and  organizers 
from  seeking  elective  positions  in  the  NLC  or  the  unions  that  employ  them;  directed 
unions  to  collect  dues  on  behalf  of  the  NLC;  and  included  a  clause  to  preclude  judi- 
cial challenges  to  the  decree.  The  Government  has  yet  to  ofTicially  register  four  of 
the  newly  merged  unions  prescribed  by  Decree  4. 

In  the  past,  mid-level  employees,  termed  "senior  stafT,"  have  been  allowed  to  form 
labor  unions,  called  senior  staff  associations,  but  these  were  not  permitted  to  affili- 
ate with  the  NLC.  These  staff  associations  formed  a  nationwide  body,  the  Senior 
Staff  Consultative  Association  of  Nigeria  (SESCAN),  in  1985.  Though  comprised  of 
22  affiliates  with  a  potential  membership  of  some  600,000,  SESCAN  is  not  recog- 
nized by  the  Government.  In  the  midst  of  a  1986  strike  involving  senior  university 
staff,  the  Government  ruled  that  a  dues  checkoff  for  senior  staff  is  not  compulsory, 
although  many  private  companies  continue  the  practice.  Decree  4  did  not  mention 
senior  staff  associations,  leaving  their  status  ambiguous  and  resulting  in  legal  chal- 
lenges to  their  authority  in  labor  matters. 

In  August  1996,  the  Government  dissolved  three  campus-based  unions  in  response 
to  a  nationwide  strike  launched  in  April  1996  by  the  Academic  Staff  Union  oi  Uni- 
versities (ASUU).  In  addition  to  proscribing  the  ASUU,  the  Government  dissolved 
two  non-striking  unions,  the  Nonacademic  Staff  Union  (NASU)  and  the  Senior  Staff 
Association  of  Nigerian  Universities  (SSANU),  and  seized  their  assets. 

The  Government  further  strengthened  its  control  over  organized  labor  with  the 
January  release  of  an  additional  amendment  to  the  Trade  Unions  Act,  Decree  26 
of  1996,  granting  the  Labor  Minister  broad  administrative  authority  to  revoke  the 
registration  of  any  union  "due  to  overriding  public  interest."  The  Decree  stipulates 
that  the  Minister's  decision  cannot  be  appealed  in  a  court  of  law. 

In  an  apparent  violation  of  ILO  Convention  87,  the  Government  promulgated  the 
Trade  Unions  International  Affiliation  Decree  in  April,  which  bars  labor  federations 
and  trade  unions  from  affiliating  with  international  labor  organizations,  except  with 
express  government  permission.  The  Decree  requires  all  unions  to  sever  any  existing 
linKs.  Labor  leaders  who  fail  to  follow  the  decree  face  criminal  penalties  and 
deregistration  of  their  unions. 

Civil  servants  in  Kaduna  state  began  a  strike  on  June  16  to  demand  full  imple- 
mentation of  an  increase  in  allowances  originally  approved  in  1994.  Relying  upon 
Decree  4,  the  state  administration  refused  to  negotiate  with  representatives  chosen 
by  the  workers.  The  state  administrator  subsequently  dismissed  all  civil  servants 
who  failed  to  return  to  work  by  June  30,  an  order  affecting  some  16,000  employees. 


276 

Criminal  charges  were  pending  against  some  21  strike  leaders  in  Kaduna  at  year's 
end. 

The  Government  used  threats  of  arrest  and  short-term  and  long-term  detention 
without  charge  to  intimidate  labor  activists.  The  Government  continues  to  hold 
without  charge  NUPENG  General  Secretary  Frank  Kokori,  detained  since  August 
1994,  and  former  PENGASSAN  General  Secretary  and  Secretary  General  of 
SESCAN,  Milton  Dabibi,  imprisoned  since  January  1996  (see  Section  l.d.). 

In  1997  Nigeria  was  again  the  subject  of  a  special  paragraph  at  the  International 
Labor  Conference  (ILC),  due  to  the  Government's  disregard  for  worker  rights  and 
violations  of  Convention  87.  The  ILC  expressed  great  concern  that,  although  the  Ni- 
gerian case  had  been  the  subject  of  two  previous  special  paragraphs  (in  1995  and 
1996),  "no  concrete  progress  had  been  made  to  date  in  relation  to  the  very  grave 
trade  union  situation  in  the  country."  The  ILO's  Committee  on  Freedom  of  Associa- 
tion, meeting  in  March,  noted  with  concern  a  "persistent  deterioration  of  trade 
union  rights.'  The  committee's  report  called  on  the  Government  to  release  Kokori; 
repeal  decrees  dissolving  the  executive  councils  of  the  NLC,  NUPENG,  and 
PENGASSAN;  allow  independently  elected  officials  to  exercise  their  trade  union 
functions;  and  urgently  authorize  an  ILO  direct-contacts  mission  without  further 
delay.  The  ILO  called  repeatedly  and  urgently  for  the  Government  to  accept  a  direct 
contacts  mission  to  examine  complaints  of  serious  violations  of  worker  rights.  The 
Government  did  not  give  permission  for  an  ILO  mission  and  failed  to  respond  offi- 
cially to  the  ILO  proposal  lor  a  September  visit. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  labor  laws  provide  for 
both  the  right  to  organize  and  the  right  to  bargain  collectively  between  management 
and  trade  unions.  Collective  bargaining  continues  in  many  sectors  of  the  economy. 
Complaints  of  antiunion  discrimination  may  be  brought  to  the  Ministry  of  Labor  for 
mediation  and  conciliation.  Unresolved  disputes  subsequently  may  be  taken  to  the 
Industrial  Arbitration  Panel  (lAP)  and  the  NIC  (see  Section  6. a.).  Union  officials 
have  questioned  the  independence  of  the  NIC  in  light  of  its  refusal  to  resolve  var- 
ious disputes  stemming  from  the  Government's  failure  to  fulfill  contract  provisions 
for  public  employees. 

In  his  January  budget  speech,  Sani  Abacha  announced  the  abolition  of  the  uni- 
form national  salary  structure  and  deregulation  of  collective  bargaining  in  the  civil 
service.  The  Government  directed  each  state  administration  to  establish  its  own  sal- 
ary structure  on  the  basis  of  its  ability  to  pay  and  with  reference  to  the  minimum 
wage  (see  Section  6.e.).  The  Government  announced  this  decision  without  consulting 
the  civil  service  unions.  The  Government  abolished  the  uniform  wage  structure  for 
state  enterprises  in  1991. 

An  export  processing  zone  remains  in  development  in  Calabar,  Cross  River  state, 
and  a  second  is  planned  for  Port  Harcourt,  Rivers  state.  Workers  and  employers  in 
such  zones  are  subject  to  national  labor  laws. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  1974  Labor  Decree  and  the 
1979  and  1989  Constitutions  pronibit  forced  or  compulsory  labor,  and  it  is  not 
known  to  occur  with  any  prevalence.  Alhough  employment  of  persons  under  18 
years  of  age,  except  for  agricultural  and  domestic  work,  is  generally  prohibited,  the 
Government  does  not  specifically  prohibit  forced  and  bonded  labor  by  children.  Re- 
ports of  such  practices  are  infrequent.  In  1996  one  private  organization  reported  an 
illegal  child  trade  exporting  Nigerian  children  to  other  West  African  nations  and 
also  importing  children  into  the  country.  The  children  are  reportedly  sold  into  do- 
mestic servitude  or  forced  to  work  as  prostitutes.  In  August  police  in  Benin  report- 
edly arrested  3  men  trying  to  transport  90  children  to  Nigeria  to  be  sold  in  Lagos. 
In  October  the  Lagos  press  reported  that  child  "traders'  from  other  parts  of  the 
country  and  from  Gabon  were  operating  in  the  southeast  state  of  Akwa-Ibom,  alleg- 
edly shopping  for  children  to  serve  as  house  boys  and  maids.  The  ILO  has  noted 
that,  witn  no  constitution  in  force,  the  Government  may  be  unable  to  enforce  the 
ILO  Convention  against  forced  labor. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  1974 
Labor  Decree  prohibits  employment  of  children  under  18  years  of  age  in  commerce 
and  industry,  and  restricts  other  child  labor  to  home-based  agricultural  or  domestic 
work.  The  law  further  stipulates  that  children  may  not  be  employed  in  agricultural 
or  domestic  work  for  more  than  8  hours  per  day.  The  decree  allows  the  apprentice- 
ship of  youths  at  age  13  under  specific  conditions. 

Primary  education  is  compulsory,  although  this  requirement  is  rarely  enforced. 
Studies  indicate  declining  scnool  enrollment  due  to  the  continuing  deterioration  of 
public  schools  and  to  increased  economic  pressures  on  families.  The  lack  of  sufficient 
primary  school  infrastructure  has  ended  some  families'  access  to  education,  forcing 
them  to  place  children  in  the  labor  market.  Growing  economic  difficulties  have  led 
to  a  substantial  increase  in  the  use  of  children  for  commercial  activities  aimed  at 


277 

enhancing  meager  family  income.  The  use  of  children  as  beggars,  hawkers,  and  bus 
conductors  is  widespreaa  in  urban  areas.  Private  and  government  initiatives  to  stem 
the  growing  incidence  of  child  employment  have  not  been  effective. 

The  Government  does  not  specifically  prohibit  forced  and  bonded  labor  by  chil- 
dren, and  reports  of  such  practices  are  rare.  However,  there  were  reports  of  traffick- 
ing in  children  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — -The  1974  Labor  Decree  sets  a  minimum  wage, 
which  is  reviewed  on  an  ad  hoc  basis.  The  last  review,  undertaken  in  1991  by  a  tri- 
partite group  consisting  of  representatives  of  the  NLC,  the  Nigeria  Employers'  Con- 
sultative Association,  and  the  Ministry  of  Labor,  raised  the  monthly  minimum  wage 
to  about  $5.30  (450  naira) — a  level  now  rendered  meaningless  by  infiation  and  de- 
preciation of  the  naira — which  does  not  provide  a  decent  living  for  a  worker  and 
Family. 

The  1974  Labor  Decree  called  for  a  40-hour  workweek,  prescribed  2  to  4  weeks 
of  annual  leave,  and  stipulated  that  workers  must  be  paid  extra  for  hours  worked 
over  the  legal  limit.  The  Decree  also  stated  that  employees  who  work  on  Sundays 
and  statutory  public  holidays  must  be  paid  a  full  days  pay  in  addition  to  their  nor- 
mal wages.  There  is  no  law  prohibiting  excessive  compulsory  overtime. 

The  1974  Labor  Decree  contains  general  health  ana  safety  provisions,  some  aimed 
specifically  at  young  or  female  workers.  While  it  requires  that  the  factory 
inspectorate  of  the  Ministry  of  Labor  and  Employment  inspect  factories  for  compli- 
ance with  health  and  safety  standards,  this  agency  often  neglects  safety  oversight 
of  construction  sites  and  other  nonfactory  work.  The  Decree  also  requires  employers 
to  compensate  injured  workers  and  dependent  survivors  of  those  killed  in  industrial 
accidents.  The  Labor  Decree  does  not  provide  workers  with  the  right  to  remove 
themselves  from  dangerous  work  situations  without  loss  of  employment.  The  Labor 
Ministry,  which  is  charged  with  enforcement  of  these  laws,  has  experienced  large 
staff  turnover  and  has  been  largely  ineffective  in  identifying  violations.  The  Govern- 
ment has  failed  to  act  on  various  ILO  recommendations  since  1991  to  update  its 
moribund  inspection  and  accident  reporting  program. 


RWANDA 

The  largely  Tutsi  Rwandan  Patriotic  Front  (RPF),  which  took  power  following  the 
civil  war  and  genocide  of  1994,  is  the  principal  political  force  and  controls  the  Gov- 
ernment of  National  Unity.  President  Pasteur  Bizimungu,  an  ethnic  Hutu,  and  Vice 
President  and  Minister  of  Defense  Paul  Kagame,  an  ethnic  Tutsi,  both  belong  to  the 
RPF.  The  mainly  Hutu  Republican  Democratic  Movement  retains  the  office  of  Prime 
Minister.  Prime  Minister  Pierre  Rwigema,  a  Hutu,  runs  the  Government  on  a  daily 
basis  and  is  responsible  for  relations  with  the  National  Assembly.  The  judicial  sys- 
tem functions  only  on  a  limited  basis  as  in  1996. 

The  Minister  of  Defense  is  responsible  for  internal  security  and  military  defense; 
the  Minister  of  Interior  is  responsible  for  civilian  security  matters.  The  security  ap- 
paratus consists  of  the  Rwandan  Patriotic  Army  (RPA)  and  the  gendarmerie,  which 
is  largely  made  up  of  RPA  soldiers.  Civilian  police  with  limited  arrest  powers  work 
throughout  the  country.  Security  forces  committed  numerous  serious  human  rights 
abuses. 

The  economic  situation  remains  difficult.  The  interethnic  violence  from  1990  on- 
ward and  especially  in  the  massive  genocide  in  1994  resulted  in  the  neglect  and 
massive  destruction  of  much  of  the  country's  economic  infrastructure,  including  util- 
ities, roads,  and  hospitals.  Most  citizens  are  subsistence  farmers,  and  food  produc- 
tion even  before  the  war  had  barely  kept  pace  with  population  growth.  Small-scale 
commercial  activities  are  on  the  increase,  but  the  industrial  base  remains  neglected. 
Gross  Domestic  Product  is  about  $180  per  year. 

The  Government  continued  to  be  responsible  for  numerous  serious  human  rights 
abuses.  Citizens  do  not  have  the  right  to  change  their  government.  The  RPA  used 
brutal  tactics  and  killed  hundreds  of  civilians.  Some  killings  were  for  political  rea- 
sons, some  were  acts  of  revenge,  and  some  were  committed  during  security  sweeps. 
Prison  conditions  are  harsh  and  life  threatening.  Authorities  hold  more  than 
120,000  prisoners  in  overcrowded  jails;  most  are  accused  of  participating  in  the  1994 
genocide.  Due  process  rights  provided  in  the  Constitution  are  not  assured.  Genocide 
trials,  which  began  at  the  end  of  1996,  continued,  with  approximately  200  cases 
completed.  Trials  for  every  accused  person  now  held  by  the  authorities  are  expected 
to  take  years  to  complete.  Throughout  the  year,  the  Government  released  small 
numbers  of  suspects  who  had  no  completed  files  or  were  ill  or  elderly.  At  year's  end, 
approximately  3,000  had  been  released.  However,  some  of  these  suspects  were  sub- 


278 

sequentlv  rearrested.  There  were  also  reports  of  some  revenge  killings  of  those  re- 
leased. The  authorities  harassed  and  threatened  journalists,  and  freedom  of  assem- 
bly and  association,  political  activity,  and  freedom  of  movement  arc  restricted.  Dis- 
crimination and  violence  against  women  and  discrimination  against  indigenous  peo- 
ple are  problems. 

The  genocidal  militias  that  massacred  Tutsis  and  moderate  Hutus  in  1994  contin- 
ued their  campaign  of  ethnic  extermination.  Insurgents,  including  ivturned  refu- 
gees, committed  many  politically  motivated  killings,  including  the  killing  of  Tutsi 
survivors  of  the  genocide,  Tutsi  refugees  from  the  Democratic  Republic  of  Congo,  ex- 
patriate human  rights  monitors,  and  aid  workers.  The  militias,  composed  of  mem- 
bers of  the  defeated  army,  the  fonnor  Rwandan  Armed  Forces  (Ex-FAR)  and 
Interahamwe  genocide  gangs,  tried  to  intimidate  foreigners,  increased  friction  be- 
tween the  security  forces  and  the  Hutu  population  and  created  insecurity  on  the 
roads. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — The  RPA  committed  thousands  of 
killings,  including  individuals  and  families,  in  security  sweeps,  and  in  revenge  for 
earlier  killings  by  insurgent  militias  (see  Section  l.g.).  The  RPA  response  to  insur- 
gency was  brutal. 

Human  rights  field  operations  monitors  estimated  that  the  RPA  killed  more  than 
2,000  persons  in  May  and  June,  and  918  during  July  and  August.  It  is  not  known 
how  many  of  these  deaths  were  the  result  of  military  operations  and  how  many 
were  premeditated  extrajudicial  reprisals.  The  U.N.  Field  Operations  monitors  re- 
ported large  numbers  of  deaths  of  unarmed  civilians  in  security  sweeps,  including 
elderly  persons,  women,  and  children,  as  well  as  insurgents  and  their  suspected  col- 
laborators. From  Januar>'  through  August,  the  RPA  may  have  killed  as  many  as 
6,000  persons.  The  RPA  admits  to  civilian  killings,  but  says  that  its  troops  cannot 
distinguish  between  insurgents  wearing  civilian  clothing  and  innocent  bystanders. 
The  Government  acknowledged  thousands  of  deaths,  but  claimed  that  the  majority 
were  insurgents  killed  in  combat  operations.  F'or  example,  for  May  and  June,  the 
Government  listed  200  to  300  civilians  and  1,800  insurgents  killed  by  the  RPA,  and 
500  civilians  by  insurgents. 

On  January  16,  Evaniste  Burakali,  an  outspoken  member  of  the  National  Assem- 
bly and  the  Liberal  Party,  was  killed  by  an  RPA  soldier  in  a  personal  dispute.  The 
soldier  was  subsequently  arrested  and  is  being  held  for  trial. 

In  August  authorities  arrested  eight  soldiers  for  killing  civilians  and  looting  their 
homes  during  military  action  against  Hutu  rebels. 

In  August  U.N.  Field  Operations  observers  reported  62  separate  incidents  involv- 
ing 109  deaths,  in  which  soldiers,  gendarmes,  or  local  police  killed  suspects  allegedly 
attempting  to  escape  or  evade  arrest.  Many  of  these  deaths  were  considered  possible 
extrajudical  executions.  The  RPA  generally  does  not  take  many  prisoners. 

On  October  4,  Jean-Baptiste  Safari,  known  to  be  a  sympathizer  of  the  exile  oppo- 
sition group  Forces  of  Resistance  for  Democracy,  was  killed  outside  his  home,  alleg- 
edly by  soldiers  or  members  of  the  RPA.  No  arrests  have  been  made. 

In  November  there  were  reports  of  RPA  action  against  suspected  Ex-FAR  infiltra- 
tion posts  in  volcanic  caves  near  Kanama.  The  RPA  adn\its  military'  activity  around 
the  caves,  and  that  it  sealed  off  caves  in  an  attempt  to  seize  infiltrators.  Human 
rights  groups  claim  that  many  civilians  also  hiding  in  the  caves  died  when  the  en- 
trances were  sealed.  Journalists  visiting  the  area  confirmed  that  there  were  some 
deaths,  but  could  not  estimate  the  number.  According  to  local  residents,  killings  at 
the  caves  began  in  1994  (sec  Section  l.g.). 

Beginning  in  Autumn,  insurgents  staged  several  attacks  on  local  communal  jails, 
attempting  to  free  Hutu  prisoners.  Insurgents  killed  dozens  in  these  assaults.  In 
many  cases,  liberated  prisoners  later  returned  voluntarily  to  the  jails. 

There  are  some  indications  that  88  prisoners  whom  the  Ex-FAR  unsuccessfully  at- 
tempted to  free  from  a  communal  jail  in  Giceye  on  November  17  may  have  been 
killed  by  the  RPA  after  the  attack.  The  Government  stated  that  the  Ex-FAR  killed 
the  prisoners  after  their  attempt  to  free  them  had  failed  by  throwing  grenades 
through  the  grilled  windows. 

In  September,  four  army  officers  convicted  of  involvement  in  a  1995  massacre  of 
civilians  in  Kanama  were  convicted  and  sentenced  to  28  months  in  prison.  The  offi- 
cers were  found  guilty  of  failure  to  assist  the  victims. 

There  were  many  credible  reports  of  serious  human  rights  abuses  by  RPA  troops, 
including  the  killing  of  Hutu  refugees  in  the  eastern  portion  of  the  Democratic  Re- 
public of  the  Congo  in  early  to  mia-year.  (see  Section  l.g.). 


279 

Harsh  prison  conditions  and  mistreatment  contributed  to  the  deaths  of  many  in- 
mates (see  Section  I.e.). 

Insurgent  militias,  which  included  returned  refugees,  former  members  of  the  FAR, 
and  Interahamwe  gangs,  committed  hundreds  of  killings  both  for  political  reasons 
and  in  pursuit  of  ambitions  to  eliminate  Rwanda's  Tutsis  by  violence.  While  the  in- 
surgent militias  appeared  to  be  operating  with  military  tactics  and  objectives  in  the 
first  part  of  the  year,  by  late  summer  their  efforts  had  degenerated  into  a  desultory 
continuation  of  the  1994  genocide.  The  insurgents  targeted  genocide  survivors,  Tutsi 
refugees  from  the  Democratic  Republic  of  Congo,  and  local  Hutu  politicians. 

In  January  a  group  of  Interahamwe  attacked  a  hospital  in  Kabaya,  killing  three 
hospital  workers.  The  following  day,  Interahamwe  summarily  killed  12  other  civil- 
ians in  Giciye.  On  January  18,  insurgents  killed  three  Spanish  aid  workers  and  seri- 
ously injured  one  of  their  colleagues.  On  February  4,  insurgents  killed  two  U.N. 
human  rights  monitors,  one  a  British  citizen,  the  other  a  Cambodian,  and  three 
Rwandans  who  were  traveling  with  them. 

On  April  28,  insurgents  killed  17  school  girls  and  their  expatriate  teacher  in  an 
ethnically  motivated  attack.  In  several  incidents  in  May  and  June,  insurgents  at- 
tacked buses  and  killed  Tutsi  passengers.  An  Interahamwe  group  killed  17  genocide 
survivors  in  Mutura  on  August  18. 

Insurgents  massacred  136  Tutsi  refugees  from  the  Democratic  Republic  of  Congo 
in  a  machete  attack  on  the  Mudende  refugee  camp,  also  in  Mutura,  on  August  22. 
Approximately  500  attackers,  including  women  and  teenagers,  indiscriminately 
killed  their  victims,  including  women,  children,  and  the  elderly,  all  of  whom  were 
unarmed. 

On  November  20,  Hutu  insurgents  attacked  the  Bulinga  jail,  freeing  approxi- 
mately 550  prisoners.  The  RPA  claimed  that  it  had  killed  some  200  insurgents  in 
resulting  battles.  By  mid-December,  470  of  the  released  prisoners  had  voluntarily 
surrendered  themselves  to  authorities. 

On  December  12,  Hutu  insurgents  again  attacked  the  Mudende  refugee  camp  for 
Congolese  Tutsis,  killing  more  tnan  300  persons,  including  many  women  and  young 
children,  using  machetes  and  nail-studded  clubs. 

On  December  19,  Hutu  insurgents  attacked  a  bus  in  the  central  part  of  the  coun- 
try, killing  19  persons. 

b.  Disappearance. — There  were  reports  of  disappearances,  particularly  in  connec- 
tion with  RPA  antiinsurgent  activity.  Human  rights  observers  note,  however,  that 
due  to  the  tense  security  situation  it  is  often  difficult  if  not  impossible  to  character- 
ize definitively  whether  the  disappearance  of  missing  persons  was  voluntary  or  due 
to  the  use  of  lorce  or  whether  the  persons  who  disappeared  were  killed  or  had  joined 
insurgent  forces.  Many  of  those  who  disappeared  may  be  held  in  military  detention. 
Some  were  released  after  questioning. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Torture  is  contrary  to  the  Fundamental  Law,  and  there  were  no  reports  of  system- 
atic torture.  Various  observers  have  accused  local  authorities  of  using  excessive 
force  in  arrests  and  interrogation,  but  there  have  been  no  documented  cases. 

Prison  conditions  are  harsh  and  life  threatening.  There  were  sporadic  reports  of 
isolated  deaths  due  to  mistreatment.  Overcrowding  is  a  serious  problem,  and  sani- 
tary conditions  are  so  bad  that  there  are  many  deaths  due  to  disease.  Credible 
sources  reported  860  deaths  during  the  year  form  preventable  disease  and  the  de- 
bilitating effects  of  overcrowding.  There  are  approximately  120,000  persons  held  in 
some  250  prisons  and  jails  having  a  design  capacity  of  17,000.  Work  on  new  deten- 
tion centers  began  in  1996  and  these  facilities  remain  under  con.struction.  Hundreds 
of  children  are  incarcerated  with  adults  throughout  the  prison  system  (see  Section 
5).  In  January  the  Government  began  releasing  small  numbers  of  genocide  suspects 
whose  files  had  not  been  completed,  or  who  were  ill  or  elderly  (see  Section  l.a.). 
However,  the  Government  rearrested  some  of  these  suspects  after  protests  from 
genocide  survivor  groups  and  local  communities. 

The  International  Committee  of  the  Red  Cross  (ICRC),  human  iTglits  organiza- 
tions, diplomats,  and  journalists  have  regular  access  to  the  prisons.  The  ICRC  feeds 
detainees  in  the  14  main  prisons,  and  also  provides  additional  expertise  and 
logistical  and  material  support  to  improve  conditions  for  detainees.  New  detention 
centers  are  being  built. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  justice  system  began  to  function  reg- 
ularly to  a  certain  extent,  hearing  nongenocide  criminal  and  civil  complaints  in  ad- 
dition to  genocide  cases.  Under  the  circumstances  of  an  overburdened  system,  the 
Government  has  little  capacity  to  ensure  due  process.  Arrest  procedures  improved 
during  the  year,  but  in  many  cases  formal  requirements  were  not  met.  At  year's 
end,  the  Government  had  conducted  about  200  genocide  trials. 


280 

The  Government  arrested  genocide  suspects  at  the  rate  of  800  per  week;  arrests 
diminished  near  the  end  of  the  year.  Arrests  are  often  based  on  oral  complaints  and, 
it  is  believed,  at  times  on  false  accusations.  The  genocide  suspects  are  primarily 
Hutu,  and  they  amount  to  about  10  percent  of  the  adult  male  Hutu  population. 
Throughout  the  year,  the  Government  released  a  small  number  of  prisoners  in  an 
attempt  to  comply  with  the  law  requiring  that  detainees  without  completed  files  be 
let  go  by  the  end  of  the  year,  and  to  release  a  number  of  ill  and  elderly  prisoners. 
Best  estimates  were  that  about  100  persons  were  released  per  week  countrywide. 
In  late  November,  the  authorities  in  Gikongoro  released  150  prisoners,  all  of  whom 
reportedly  did  not  have  files.  At  year's  end,  approximately  3,000  had  been  released. 
Protests  from  survivors'  groups  and  the  local  population  were  so  intense  that  the 
entire  group  was  rearrested  and  returned  to  custody. 

Exile  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  judicial  system  again  began  functioning  in 
1996.  Never  a  model  of  free  and  fair  justice,  the  system  collapsed  during  war  and 
genocide  of  1994.  The  Government,  with  the  help  of  the  international  community, 
is  attempting  to  rebuild  the  judiciary  and  appoint  lower  court  ofTicials. 

The  law  provides  for  public  trials  with  the  right  to  a  defense.  There  are  only  a 
few  trials  of  criminal  suspects  and  there  have  been  only  about  200  genocide  trials. 
Despite  lengthy  incarceration  of  about  120,000  genocide  suspects,  genocide  trials 
continue  at  a  slow  pace,  and  only  began  at  the  end  of  December  1996. 

In  August  1996,  the  Parliament  passed  a  new  genocide  law,  designed  to  elicit  con- 
fessions in  exchange  for  reduced  sentences  for  the  vast  majority  of  those  involved 
in  the  genocide.  Trials  are  envisioned  for  only  the  most  highly  placed  organizers  of 
the  massacres  and  for  those  who  participated  with  special  zeal.  In  July  the  U.N. 
Tribunal  seized  seven  suspects  in  Nairobi,  Kenya;  these  included  former  Prime  Min- 
ister Jean  Kambanda  ana  former  senior  military  commander  Gratien  Kabiligi.  The 
U.N.  transported  them  to  tribunal  headquarters  in  Arusha,  Tanzania. 

To  date  few  confessions  have  been  made  under  plea  bargaining  provisions  of  the 
1996  genocide  law.  Approximately  100  death  sentences  have  been  handed  down  in 
genocide  trials  held  by  the  Government.  None  have  yel  been  carried  out. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Fundamental  Law  prohibits  such  practices.  Authorities  generally  respect  these  pro- 
hibitions, and  prosecute  violations. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— The  RPA  used  excessive  force  in  suppressing  the  insurgency  along  the  north- 
western border  and  killed  many  civilians.  No  complete  death  total  is  available,  but 
the  U.N.  Human  Rights  Field  Office  reported  that  2,022  persons  were  killed  by  the 
RPA  in  May  and  June  alone  (see  Section  l.a.).  This  total  comprised  insurgents  and 
civilians.  There  were  credible  reports  that  the  RPA  routinely  killed  suspected  insur- 
gent collaborators  and  their  families,  including  women  and  children.  In  early  March 
in  Ruhengeri,  an  RPA  regiment  reacted  brutally  in  responding  to  an  attack  on  a 
government  convoy,  and  systematically  executed  at  least  100 — perhaps  as  many  as 
400 — civilians  suspected  of  collaborating  with  insurgents.  The  RPA  commanders  in 
Ruhengeri  were  arrested,  court-martialed  in  November,  and  sentenced  to  prison 
terms.  A  military  court  convicted  five  officers  and  one  sergeant  of  failure  to  stop  the 
killings.  The  battalion  commander  received  a  prison  sentence  of  44  months;  the  oth- 
ers received  60-month  sentences. 

Cyabingo  commune  was  the  site  of  much  RPA  killing.  In  May  an  RPA  unit  search- 
ing for  infiltrators  fired  on  a  communal  meeting  there,  killing  35  civilians.  Following 
an  insurgent  attack  on  a  military  post  on  May  16,  an  RPA  cordon  and  search  oper- 
ation killed  175  persons  in  Muhoro  sector.  On  May  24,  the  RPA  killed  some  250  ci- 
vilians during  an  identity  card  check  in  Rubabi  and  Ruvumu  sectors. 

Following  an  attack  by  insurgent  infiltrators  on  the  marketplace  of  Kanama,  near 
Gisenyi,  in  early  August,  RPA  units  again  overreacted;  they  killed  more  than  100 
civilians  in  reprisal  attacks  in  Kahama,  Mutura,  and  Rwerere  during  a  3-dav  period. 
Prisoners  in  local  jails  were  killed,  although  it  is  not  known  if  they  were  killed  by 
the  RPA,  insurgents,  or  others.  Troops  looted  the  market  and  seized  privately  owned 
vehicles.  Vice  President  Kagame  visited  the  scene  of  these  killings  and  ordered  an 
investigation.  Military  authorities  arrested  29  RPA  officers  and  men,  including  the 
battalion  commander  on  various  charges.  They  were  subsequently  court-martialed. 

In  July  Vice  President  Paul  Kagame  acknowledged  in  a  press  interview  that  gov- 
ernment forces  participated  in  the  overthrow  of  the  Mobutu  regime  by  the  Alliance 
of  Democratic  forces  for  the  Liberation  of  Congo/Zaire  (ADFL).  There  were  many 
credible  reports  of  serious  human  rights  abuses  by  government  troops,  including  the 
killing  of  Hutu  refugees  as  troops  took  a  lead  role  in  capturing  major  towns  and 
pursued  remnants  of  Hutu   insurgent  groups.  At  year's  end,  a  U.N.  investigatory 


281 

mission  was  conducting  an  investigation  into  these  reports  and  reports  of  serious 
abuses  by  other  forces  operating  in  the  same  areas. 

In  November  there  were  reports  of  RPA  action  against  suspected  former  FAR  in- 
filtration posts  in  volcanic  caves  near  Kanama.  The  RPA  acknowledged  that  there 
was  military  activity  around  the  caves,  and  that  it  sealed  ofT  several  cave  entrances 
in  an  attempt  to  flush  out  infiltrators.  Human  rights  groups  claim  that  many  civil- 
ians also  hiding  in  the  cave  died  when  the  entrances  were  sealed.  Journalists  who 
visited  the  caves  confirmed  that  some  people  died  in  the  caves,  but  could  not  esti- 
mate how  many. 

In  the  first  part  of  the  year,  insurgents  fighting  around  Ruhengeri  appeared  to 
have  a  military  structure  and  objectives,  but  by  year's  end  the  violence  seemed  to 
have  no  coherent  planning,  and  appeared  to  concentrate  instead  on  elimination  of 
ethnic  Tutsis.  Insurgents  committed  hundreds  of  killings,  including  massacres  in 
refugee  camps  (see  Section  l.a.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press.— The  F'undamental  Law  provides  for  freedom  of 
the  press;  however,  the  Government  at  times  harassed  the  media. 

The  Government  harassed  journalists  whose  reporting  was  contrary  to  ofiicial 
views.  In  February  the  Government  expelled  a  Reuters  correspondent  from  the 
country  for  allegedly  inaccurate  reporting.  On  April  28,  journalist  Appolos 
Hakizamana  was  killed  under  suspicious  circumstances.  No  arrests  have  been  made. 

There  are  several  privately  owned  newspapers,  the  Government-owned  Radio 
Rwanda,  and  a  sporadically  operating  television  station.  The  Government  signed  an 
agreement  to  rebroadcast  British  Broadcasting  Corporation  programs  on  f.m.  in 
1998. 

The  university  reopened  in  1996;  academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Fundamental  Law  pro- 
vides for  freedom  of  peaceful  assembly,  but  authorities  may  legally  require  advance 
notice  for  outdoor  rallies,  demonstrations,  and  meetings.  Political  activity  below  the 
executive  committee  of  political  parties  level  was  suspended  in  an  agreement  of  the 
parties. 

The  National  Revolutionary  Movement  for  Democracy  and  Development  (MRND), 
and  the  Coalition  for  Defense  of  the  Republic,  both  implicated  in  planning  and  exe- 
cuting the  1994  genocide,  have  been  banned  by  law.  As  part  of  the  Arusha  Accords, 
the  remaining  political  parties  agreed  to  refrain  from  partisan  public  debate  during 
the  5-year  transition  p>eriod. 

c.  Freedom  of  Religion. — The  1991  Constitution  provides  for  freedom  of  religion, 
and  the  Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  gen- 
erally respects  them  in  practice.  More  than  1  million  refugees  returned  to  Rwanda 
in  the  last  2  months  of  1996,  and  the  resettlement  generally  proceeded  smoothly. 
However,  insurgent  warfare  and  ethnic  violence  were  frequent  occurrences  in  the 
northwestern  prefectures  of  Ruhengeri  and  Gisenyi. 

The  Government  of  Tanzania  expelled  several  hundred  Rwandan  citizens  in  No- 
vember; the  authorities  readily  received  them. 

The  return  of  an  additional  200,000  persons  during  the  year  has  reduced  the  doc- 
umented presence  of  Rwandans  outside  the  country  to  fewer  than  20,000. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  right  to  change  their  government  through  democratic 
means.  The  1992  powersharing  agreement  crafted  in  the  Arusha  negotiations  and 
ratified  by  the  1993  Arusha  Accords  was  not  fully  implemented  prior  to  former 
President  Habyarimana's  death  in  April  1994,  but  it  remains  the  basis  of  planning 
and  the  apportionment  of  ministries.  Despite  the  events  of  1994,  the  RPF  brought 
representatives  of  four  other  opposition  parties  into  the  Government  after  the  its 
military  victory,  but  none  of  these  officials  were  elected.  An  appointed  multiparty 
National  Assembly  is  now  functioning,  with  nine  political  parties  represented,  in- 
cluding the  RPF. 

There  are  no  legal  restrictions  on  the  participation  of  women  in  political  life,  but 
women  remain  underrepresented  in  politics  and  government,  including  both  the 
Cabinet  and  the  National  Assembly.  The  Batwa  ethnic  group  is  also  underrep- 
resented. 


282 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  wide  variety  of  local  and  international  human  rights  groups  operate  without 
government  restriction,  investigating  and  publishing  their  findings  on  human  rights 
violations.  They  include  the  U.N.  High  Commissioner  for  Human  Rights,  which  op- 
erates a  field  office  with  branches  throughout  the  country  and  nongovernmental  or- 
ganizations (NGO's),  including  Journalists  sans  Frontieres.  Government  onicials  are 
generally  cooperative  and  responsive  to  their  views.  However,  the  Government 
sharply  criticized  the  U.N.  human  rights  field  ofiice  because  its  monitors  and  inves- 
tigators, in  observing  U.N.  security  guidelines,  do  not  travel  outside  Kigali,  and  base 
their  reports  on  interviews  with  self-described  witnesses,  not  on  firsthand  observa- 
tion. 

In  October  vice  presidential  spokesman  Emanuel  Gasana  said  that  the  conclu- 
sions in  a  Human  Rights  Watch/Africa  report  about  Rwandan  involvement  in 
killings  in  the  Democratic  Republic  of  Congo  were  false. 

The  ICRC  is  active  in  visiting  prisons. 

The  International  War  Crimes  Tribunal  for  Rwanda  had  yet  to  conclude  its  first 
trial.  The  Government  in  1996  criticized  the  tribunal  for  its  slow  start,  but  wel- 
comed signs  that  the  tribunal  was  pursuing  a  more  aggressive  arrest  policy  in  1997. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  that  all  citizens  are  equal  before  the  law,  without  dis- 
crimination on  the  basis  of  race,  color,  origin,  ethnicity,  clan,  sex,  opinion,  religion, 
or  social  standing.  However,  the  Government  provides  only  limited  enforcement  of 
these  provisions. 

Women. — Violence  against  women  continues.  Wife  beating  and  domestic  violence 
are  normally  handled  within  the  context  of  the  extended  family  and  rarely  come  be- 
fore the  courts. 

Despite  constitutional  provisions,  women  continue  to  face  serious  discrimination. 
Women  traditionally  perform  most  of  the  subsistence  farming  and  play  a  limited 
role  in  the  modern  sector.  They  have  only  limited  opportunities  for  education,  em- 
ployment, and  promotion.  The  Family  Code  of  1992  has  generally  improved  the  legal 
position  of  women  in  matters  relating  to  marriage,  divorce,  and  child  custody,  but 
still  does  not  meet  the  constitutional  commitment  to  gender  equality.  For  example, 
it  formally  designates  men  as  heads  of  households.  Also,  the  absence  of  succession 
laws  limits  a  woman's  right  to  property,  thus  jeopardizing  her  status  and  ability  to 
provide  for  her  family  should  she  survive  her  husoand.  The  omission  is  particularly 
onerous  in  the  postgenocide  period,  since  widows  are  very  numerous  and  surviving 
male  relatives,  who  would  normally  inherit  and  provide  for  them,  are  relatively  few. 

Children. — The  Government  is  attempting  to  provide  an  education  and  health 
care  to  every  child.  More  than  50,000  cnildren  were  separated  from  their  parents 
during  the  1994  genocide  and  national  upheaval.  Many  who  are  still  children  re- 
main in  the  care  of  strangers  or  international  organizations. 

Although  the  penal  code  prohibits  the  imprisonment  of  children  with  adults,  the 
Government  reports  that  hundreds  of  children  are  in  fact  incarcerated  with  adults 
throughout  the  prison  system. 

People  With  Disabilities. — Although  there  are  no  laws  restricting  people  with  dis- 
abilities from  employment,  education,  or  other  state  services,  in  practice  few  dis- 
abled persons  have  access  to  education  or  employment.  There  are  no  laws  or  provi- 
sions that  mandate  access  to  public  facilities. 

Indigenous  People. — Less  than  1  percent  of  the  population  comes  from  the  Batwa 
ethnic  group.  These  indigenous  people,  survivors  of  the  Pygmy  (Twa)  tribes  of  the 
mountainous  forest  areas  bordering  the  Democratic  Republic  of  Congo,  exist  on  the 
margins  of  society  and  continue  to  oe  treated  as  inferior  citizens  by  both  Hutus  and 
Tutsis.  The  Batwa  have  been  unable  to  protect  their  interests,  which  center  on  ac- 
cess to  land  and  housing.  Few  Batwa  have  gained  access  to  the  educational  system, 
resulting  in  minimal  representation  in  government  institutions.  There  is  no  reliable 
information  on  specific  human  rights  abuses  perpetrated  against  the  Batwa  popu- 
lation since  the  1994  upheaval. 

National f Racial / Ethnic  Minorities. — Before  April  1994,  an  estimated  85  percent 
of  citizens  were  Hutu,  14  percent  were  Tutsi,  and  1  percent  Batwa.  The  subsequent 
mass  killings  and  migrations  probably  affected  the  ethnic  composition  of  the  popu- 
lation, but  the  extent  of  the  changes  is  unknown.  The  Government  has  called  for 
ethnic  reconciliation  and  committed  it.self  to  abolishing  policies  of  the  former  govern- 
ment that  had  created  and  deepened  ethnic  cleavages.  It  eliminated  references  to 
ethnic  origin  from  the  national  identity  card,  a  provision  of  the  1993  Arusha  Ac- 
cords. The  Government  has  not  statutorily  addressed  the  issue  of  ethnic  quotas  in 


283 

education,  training,  and  government  employment.  It  has  partially  integrated  more 
than  2,000  former  government  soldiers  into  RPA  forces,  altnough  not  by  the  formula 
prescribed  by  the  1993  Arusha  accord.  Tutsi  clergv  and  businessman,  who  were  well 
represented  in  these  sectors  of  society,  were  killea  in  great  numbers  in  the  genocide. 
Following  the  1994  victory  by  the  RPF,  Tutsis  returning  from  exile  took  over  many 
of  the  business  and  professional  positions  formerly  held  by  Hutus  and  Tutsis. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — In  practice  there  is  no  functioning  labor  movement, 
given  the  massive  disruptions  caused  by  the  1994  genocide.  Although  preconflict 
labor  law  technically  remains  in  efTect,  the  Government  is  unable  to  implement  its 
provisions.  Unions  are  only  slowly  regrouping  and  asserting  themselves. 

The  Constitution  provides  for  the  rignt  to  create  professional  associations  and 
labor  unions.  Union  membership  is  voluntary  and  open  to  all  salaried  workers,  in- 
cluding public  sector  employees.  There  are  no  restrictions  on  the  right  of  association, 
but  all  unions  must  register  with  the  Ministry  of  Justice  for  ofTicial  recognition. 
There  are  no  known  cases  in  which  the  Government  has  denied  such  recognition. 
Unions  are  prohibited  by  law  from  having  political  affiliations,  but  in  practice  this 
is  not  always  respected. 

Organized  labor  represents  only  a  small  part  of  the  work  force.  More  than  90  per- 
cent of  workers  are  engaged  in  small-scale  subsistence  farming.  About  7  percent 
work  in  the  modern  (wage)  sector,  including  both  public  and  private  industrial  pro- 
duction, and  about  75  percent  of  those  active  in  the  modern  sector  are  members  of 
labor  unions. 

Before  1991  the  Central  Union  of  Rwandan  Workers  (CESTRAR)  was  the  only  au- 
thorized trade  union  organization.  With  the  political  reforms  introduced  in  the  Con- 
stitution, CESTRAR  officially  became  independent  of  the  Government  and  the  out- 
lawed MRND. 

The  Constitution  provides  for  the  right  to  strike,  except  for  public  service  workers. 
A  union's  executive  committee  must  approve  a  strike,  and  a  union  must  first  try 
to  resolve  its  difTerences  with  management  according  to  steps  prescribed  by  the  Min- 
istry of  Labor  and  Social  AfTairs.  Tne  Government  never  enforced  laws  prohibiting 
retribution  against  strikers. 

Labor  organizations  may  affiliate  with  international  labor  bodies.  CESTRAR  is  af- 
filiated with  the  Organization  of  African  Trade  Union  Unity  and  the  International 
Confederation  of  Free  Trade  Unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  provides  for 
collective  bargaining,  although  only  CESTRAR  had  an  established  collective  bar- 
gaining agreement  with  the  Government.  In  practice,  since  most  union  members  are 
in  the  public  sector,  the  Government  is  intimately  involved  in  the  process  (see  Sec- 
tion 6.e.). 

The  law  prohibits  antiunion  discrimination,  and  it  has  not  occurred  in  practice. 
There  are  no  formal  mechanisms  to  resolve  complaints  involving  discrimination 
against  unions. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  labor, 
and  there  are  no  reports  that  it  occurs  in  practice.  Although  the  law  does  not  specifi- 
cally prohibit  forced  and  bonded  labor  by  children,  such  practices  are  not  known  to 
occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Except  in 
subsistence  agriculture,  the  law  prohibits  children  under  age  18  from  working  with- 
out their  parents'  or  guardians'  authorization,  and  they  generally  may  not  work  at 
night.  The  minimum  age  for  full  employment  is  18  years,  and  14  years  for  appren- 
ticeships 14  years,  providing  that  the  child  has  completed  primary  school.  The  Min- 
istry 01  Labor  has  not  enforced  child  labor  laws  effectively.  The  law  does  not  specifi- 
cally prohibit  forced  or  bonded  labor  by  children,  but  such  practices  are  not  known 
to  occur  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  Ministry  of  Labor  sets  minimum  wages  in 
the  small  modern  sector.  The  minimum  wage  is  $1.08  (310  Rwandan  francs)  for  an 
8-hour  workday.  The  Government,  the  main  employer,  efTectively  sets  most  other 
wage  rates  as  well.  The  minimum  wage  is  insufficient  to  provide  a  decent  standard 
of  fi vine  for  a  worker  and  family.  ORen  families  supplement  their  incomes  by  work 
in  small  business  or  subsistence  agriculture.  In  practice,  however,  workers  are  will- 
ing to  work  for  less  than  the  minimum  wage. 

Officially,  government  offices  have  a  40-nour  workweek.  Negotiations  in  1993  be- 
tween the  unions,  Government,  and  management  were  held  to  reduce  the  workweek 
from  45  to  40  hours  in  the  private  sector  as  well;  however,  no  such  reduction  has 
yet  occurred.  Hours  of  work  and  occupational  health  and  safety  standards  in  the 


284 

modem  wage  sector  are  controlled  by  law,  but  labor  inspectors  from  the  Ministry 
of  Labor  enforce  them  only  loosely.  Workers  do  not  have  the  right  to  remove  them- 
selves from  dangerous  work  situations  without  jeopardizing  their  jobs. 


SAO  TOME  AND  PRINCIPE 

The  Democratic  Republic  of  Sao  Tome  and  Principe  is  a  multiparty  democracy. 
The  Government  is  composed  of  an  executive  branch,  a  unicameral  legislature  (the 
National  Assembly),  and  an  independent  judiciary.  The  President  appoints  the 
Prime  Minister,  who  in  turn  appoints  the  ministers  of  the  Government.  Miguel 
Trovoada,  an  independent,  was  re-elected  President  in  1996  for  a  second  5-year 
term.  The  Movement  for  the  Liberation  of  Sao  Tome  and  Principe  (MLSTP),  which 
had  ruled  prior  to  1990  as  the  sole  legal  party,  won  a  plurality  in  free  and  fair  par- 
liamentary elections  in  1994  and  holds  6  of  10  seats  in  the  Cabinet.  Presidential 
elections  held  in  1996  were  deemed  generally  free  and  fair  by  international  observ- 
ers, despite  allegations  of  an  unconstitutional  modification  of  voter  lists  between  the 
first  and  second  rounds. 

The  Minister  of  National  Defense,  Security,  and  Internal  Order  supervises  the 
military  services,  many  of  whose  members  are  part-time  farmers  or  fishermen,  and 
the  police.  A  week-long  military  mutiny  in  August  1995  was  ended  by  an  agreement 
mediated  by  the  Foreign  Minister  of  Angola,  lorestalling  a  threatened  overthrow  of 
the  Government.  The  National  Assembly  passed  an  amnesty  for  the  mutineers 
which  was  proclaimed  by  the  President.  The  Government  and  international  donors 
have  dedicated  resources  to  improving  soldiers'  living  conditions. 

The  economy  is  based  on  the  export  of  a  single  product,  cocoa,  produced  in  an  ar- 
chaic state-run  system  of  plantations  called  "empresas."  The  Government  has 
privatized  some  of  the  state-held  land  but  has  had  limited  success  in  privatizing 
state-owned  enterprises.  The  Government  faltered  in  its  efforts  at  structural  adjust- 
ment, and  the  economy  continues  to  face  serious  difiiculties.  The  annual  inflation 
rate  is  60  percent,  unemployment  is  27  percent,  total  external  debt  is  six  times 
gross  domestic  product,  and  the  country  is  highly  dependent  on  foreign  aid.  Per  cap- 
ita income  is  less  than  $250  per  year. 

The  Government  continued  to  respect  the  rights  of  its  citizens.  The  principal 
human  rights  problems  continued  to  be  an  inefTicient  judicial  system,  harsn  prison 
conditions,  discrimination  and  violence  against  women,  and  outdated  plantation 
labor  practices  that  limit  worker  rights. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  or  cruel  and  inhuman  punishment.  There  were 
no  reports  of  violations  such  as  beatings  or  other  cruel  treatment  during  arrests  or 
interrogations. 

Prison  conditions  are  harsh  but  not  life  threatening.  While  there  is  no  indication 
that  human  rights  monitors  have  requested  permission  to  make  prison  visits,  it  is 
believed  the  Government  would  permit  such  visits  if  requested. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention,  or  exile,  and  the  Government  observes  these  prohibitions. 

Exile  is  not  used  as  a  punishment,  and  all  those  exiled  under  the  one-party  re- 
gime of  1975-1990  are  free  to  return. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  iudi- 
ciary,  and  thejudiciary  has  returned  verdicts  against  both  the  Presiaent  and.  the 
Government.  The  legal  system  is  based  on  Portuguese  law  and  customary  law,  with 
the  Supreme  Court  at  the  apex.  The  Government  has  important  powers  relating  to 
the  juciiciary,  including  setting  salaries  forjudges  and  all  ministerial  employees  in 
accordance  with  standard  government  salary  guidelines.  Government  salaries  are 
extremely  low,  and  the  authorities  are  concerned  that  judges  may  be  tempted  to  ac- 
cept bribes.  The  authorities  maintain  that  they  continue  to  respect  the  inciependence 
of  the  judiciary. 

The  Constitution  provides  for  the  right  to  fair  public  trial,  the  right  of  appeal,  and 
the  right  to  legal  representation.  In  practice,  however,  the  judicial  infrastructure 
suffers  from  severe  budgetary  constraints,  inadequate  facilities,  and  a  shortage  of 


285 

trained  judges  and  lawyers,  causing  long  delays  in  bringing  cases  to  court  and 
greatly  hindering  investigations  in  criminal  cases. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  integrity  of  the  person  and  the  right  to  privacy  of 
home,  correspondence,  and  private  communication.  The  Government  does  not  en- 
gage in  intrusive  practices,  such  as  surveillance  of  people  or  the  monitoring  of  com- 
munications. The  judicial  police  are  responsible  for  criminal  investigations  and  must 
obtain  authorization  from  the  Ministry  of  Justice  to  conduct  searches. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  expres- 
sion and  freedom  of  the  press,  and  the  Government  generally  respects  these  rights 
in  practice.  One  government-run  and  four  independent  newspapers  have  publisned 
in  the  past. 

Television  and  radio  are  state  operated.  While  there  are  no  independent  local  sta- 
tions, there  are  no  laws  forbidding  them.  The  Voice  of  America,  Radio  Inlernalional 
Portugal,  and  Radio  France  International  are  rebroadcast  locally.  The  law  grants  all 
opposition  parties  access  to  the  state-run  media,  including  a  minimum  of  3  minutes 
per  month  on  television. 

All  parties  freely  distribute  newsletters  and  press  releases  giving  their  views  and 
criticizing  the  Government,  the  President,  and  one  another.  There  were  no  reports 
of  government  censorship  or  threats  of  censorship  from  any  group,  nor  any  reports 
of  efforts  by  national  security  forces  to  suppress  criticism. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice.  The  Government  re- 
quires that  requests  for  authorization  of  large-scale  events  be  filed  48  hours  in  ad- 
vance and  usually  grants  the  appropriate  permits. 

c.  Freedom  of  Retigion. — The  Constitution  provides  for  religious  freedom,  and  the 
Government  respects  this  right  in  practice.  There  are  no  restrictions  on  the  activi- 
ties of  foreign  clergy. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.—Under  the  Constitution  and  in  practice,  citizens  have  the  right  to  move 
freely  within  the  country,  to  travel  abroad,  and  to  emigrate  and  return.  Authorities 
have  traditionally  welcomed  those  seeking  refuge  or  asylum.  No  requests  for  first 
asylum  were  reported  during  the  year. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  exercised  this  right  for  the  first  time  in  free  and  fair  1991  presidential 
and  legislative  elections  and  again  in  the  1994  legislative  elections  and  the  1996 
presidential  elections.  These  elections  resulted  in  the  peaceful  transfer  of  power  be- 
tween political  party  coalitions.  More  than  80  percent  of  those  eligible  to  vote  cast 
their  ballots  in  the  1996  presidential  elections.  International  observers  judged  the 
contest  to  be  free  and  fair.  The  National  Electoral  Commission  acknowledged  minor 
discrepancies  in  the  registration  process  and  in  voter  rolls  but  determined  that 
these  were  insufficient  to  call  the  results  into  question.  After  some  controversy,  the 
Supreme  Court  ratified  the  results.  Each  of  the  three  principal  political  parties  has 
significant  representation  in  the  unicameral  National  Assembly.  Elections  are  by  se- 
cret ballot  on  the  basis  of  universal  suffrage  for  citizens  18  years  of  age  or  older. 

The  Constitution  provides  for  the  election  of  the  President,  who  as  Head  of  State 
names  the  Prime  Minister.  The  Prime  Minister  appoints  members  of  the  Govern- 
ment. 

There  are  no  restrictions  in  law  or  in  practice  on  the  participation  of  women  in 
politics.  However,  women  are  underrepresented  in  the  legislature.  They  currently 
hold  3  of  55  seats  in  the  National  Assembly.  One  woman  was  a  presidential  can- 
didate in  the  1996  elections  and  received  16  percent  of  the  first-round  vote. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  small  number  of  local  human  rights  groups  have  formed  since  1991  and  operate 
without  restriction  or  governmental  interference.  There  were  no  known  requests  by 
international  human  rights  groups  to  visit  the  country. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  the  equality  of  all  citizens  regardless  of  sex,  race, 
racial  origin,  political  tendency,  creed,  or  philosophic  conviction.  However,  the  Gov- 
ernment has  not  actively  sought  to  enforce  these  provisions. 


286 

Women. — While  the  extent  of  the  problem  is  unknown,  violence  against  women  oc- 
curs, and  medical  professionals  and  ofTicials  report  firsthand  experience  in  dealing 
with  violence,  including  rape.  They  also  report  that  although  women  have  the  right 
to  legal  recourse — including  against  spouses — many  are  reluctant  to  bring  legal  ac- 
tion or  are  ignorant  of  their  rights  under  the  law.  Traditional  beliefs  and  practices 
also  inhibit  women  from  taking  domestic  disputes  outside  the  family. 

While  the  Constitution  stipulates  that  women  and  men  have  equal  political,  eco- 
nomic, and  social  rights,  and  while  many  women  do  have  access  to  opportunities  in 
education,  business,  and  government,  in  practice  women  still  encounter  significant 
societal  discrimination.  Traditional  beliefs  concerning  the  division  of  labor  between 
men  and  women  leave  women  with  much  of  the  hard  work  in  agriculture,  with  most 
child-rearing  responsibilities,  and  with  less  access  to  education  and  to  the  profes- 
sions. Female  literacy  is  approximately  62  percent;  male  literacy  is  approximately 
85  percent. 

Children. — A  number  of  government  and  donor-funded  programs  have  been  estab- 
lished to  improve  conditions  for  children.  There  has  been  improvement  in  maternity 
and  infant  care,  in  nutrition,  and  in  access  to  basic  health  services,  especially  in 
urban  areas.  Mistreatment  of  children  is  not  widespread.  There  are  few  social  pro- 
tections for  orphans  and  abandoned  children. 

People  With  Disabilities. — The  law  does  not  mandate  arrangements  to  provide  ac- 
cess to  buildings,  transportation,  or  services  for  persons  with  disabilities. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  freedom  of  association 
and  the  right  to  strike.  Few  unions  exist  in  the  very  small  modern  wage  sector. 
Independent  cooperatives,  on  the  other  hand,  have  taken  advantage  of  the  govern- 
ment land  distribution  program  to  attract  workers  and  in  many  cases  to  improve 
production  and  incomes  significantly.  Public  sector  employees  still  comprise  the 
great  majority  of  wage  earners.  Government  employees  and  other  essential  workers 
are  allowed  to  strike.  There  are  no  laws  or  regulations  prohibiting  employers  from 
retaliating  against  strikers. 

There  are  no  restrictions  barring  trade  unions  from  joining  federations  or 
affiliating  with  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  provides 
that  workers  may  organize  and  bargain  collectively.  However,  due  to  its  role  as  the 
principal  employer  in  the  wage  sector,  the  Government  remains  the  key  interlocutor 
for  labor  on  all  matters,  including  wages.  There  are  no  laws  prohibiting  antiunion 
discrimination. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Government  prohibits  forced 
and  bonded  labor  by  children,  and  such  practices  are  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Employ- 
ers in  the  modern  wage  sector  generally  respect  the  legally  mandated  minimum  em- 
ployment age  of  18  years.  The  Ministry  of  Justice  and  Labor  is  responsible  for  en- 
forcing this  law.  In  subsistence  agriculture,  on  plantations,  and  in  informal  com- 
merce, children  do  work,  sometimes  from  an  early  age.  The  Government  prohibits 
forced  and  bonded  labor  by  children,  and  the  prohibition  is  respected  (see  Section 
6.C.). 

e.  Acceptable  Conditions  of  Work. — Working  conditions  on  many  of  the  state- 
owned  plantations — the  largest  wage  employment  sector — border  on  the  medieval. 
There  is  no  legally  mandated  minimum  wage.  The  average  salary  for  plantation 
workers  does  not  provide  a  decent  standard  of  living  for  a  worker  and  family,  and 
the  real  value  of  the  minimum  wage  is  constantly  eroded  by  high  rates  of  inflation. 
In  principle,  workers  are  provided  free  (but  inadequate)  housing,  mdimentary  edu- 
cation, and  health  care,  as  well  as  the  privilege  of  reduced  prices  and  credit  at  the 
"company  store."  These  arrangements  are  intended  to  subsidize  food  and  clothing. 
Corruption  is  an  everyday  fact,  however,  and  international  lending  institutions  have 
criticized  the  Government  for  ineffective  administration  of  these  subsidies.  Workers 
are  often  forced  to  pay  higher  prices  on  the  parallel  market  to  obtain  the  goods  theo- 
retically provided  at  a  discount  as  part  of  their  compensation. 

The  legal  workweek  is  40  hours  with  48  consecutive  hours  mandated  for  a  rest 
period,  a  norm  respected  in  the  modern  wage  sector.  The  Social  Security  Law  of 
1979  prescribes  basic  occupational  health  and  safety  standards.  Inspectors  from  the 
Ministry  of  Justice  and  Labor  are  responsible  for  enforcement  of  these  standards, 
but  their  efforts  are  ineffective.  Employees  have  the  right  under  the  law  to  leave 
unsafe  working  conditions. 


287 
SElSfEGAL 

Senegal  is  a  republic  with  an  elected  president,  Abdou  Diouf,  who  has  been  in  of- 
fice since  1981,  and  a  unicameral  legislature  dominated  by  the  President's  Socialist 
Party  (PS)  since  independence  from  France  in  1960.  During  the  year,  the  Govern- 
ment installed  new  decentralized  regional  and  local  administrations.  The  stability 
brought  about  by  the  entry  of  the  principal  opposition  party  into  government  in 
1995  continued,  with  the  smaller  parties  choosing  to  remain  in  government  while 
contesting  the  elections.  A  renewal  of  fighting  in  the  Casamance  area  in  the  south- 
em  part  of  the  country  between  the  Government  and  the  secessionist  Movement  of 
Democratic  Forces  in  the  Casamance  (MFDC)  caused  many  civilians  to  fiee  their  vil- 
lages. MFDC  rebel  forces  reportedly  were  responsible  for  killings,  disappearances, 
and  torture.  The  judiciary  is  independent,  although  subject  to  governmental  infiu- 
ence  and  pressure. 

The  armed  forces  are  professional  and  generally  disciplined.  They  traditionally  re- 
main aloof  from  politics  and  are  firmly  under  civilian  control.  The  paramilitary  gen- 
darmerie and  the  police  are  less  professional  and  less  disciplined.  Some  members 
of  the  gendarmerie  and  the  police  continued  to  commit  serious  human  rights  abuses. 

Senegal  is  predominantly  agricultural  with  more  than  70  percent  of  the  labor 
force  engaged  in  farming,  largely  peanut  production.  Since  the  devaluation  of  the 
cfa  franc  in  1994,  the  Government  implemented  a  series  of  economic  policy  reforms 
to  enhance  competitiveness  and  is  phasing  out  most  qualitative  restrictions  on  im- 
ports, dismantling  monopolies,  liberalizing  the  labor  market,  and  privatizing  several 
important  state-owned  industries.  Supported  by  the  international  donor  community, 
Senegal  remains  dependent  on  foreign  assistance  as  an  important  part  of  its  na- 
tional budget. 

The  Government  generally  respected  the  human  rights  of  its  citizens,  however, 
there  were  serious  problems  in  some  areas,  particularly  reports  of  extrajudicial 
killings  and  disappearances,  torture  by  police  of  suspects  during  questioning,  arbi- 
trary arrest,  and  lengthy  pretrial  detention.  The  Government  tried  or  punished  no 
military,  gendarmes,  or  police  for  previous  human  rights  abuses.  A  National  Observ- 
atory of  Elections  was  created  in  August;  its  effectiveness  is  expected  to  be  tested 
during  the  national  parliamentary  elections  in  May  1998.  The  Socialist  Party's  con- 
tinued domination  of  Senegalese  political  life  calls  into  question  the  extent  to  which 
citizens  can  meaningfully  exercise  their  right  to  change  the  government.  Poor  prison 
conditions,  a  judiciary  subject  to  government  influence  and  pressure,  domestic  vio- 
lence and  discrimination  against  women,  some  abuse  of  children,  child  labor,  and 
mob  violence  are  also  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — While  there  were  no  confirmed  re- 
ports of  political  or  extrajudicial  killings  by  government  officials  during  the  resur- 
gence of  violence  in  the  southern  Casamance  region,  government  forces  were  sus- 
pected of  responsibility  for  many  civilian  deaths.  In  August  a  leader  of  the  MP^DC, 
Sarani  Badiane,  was  found  murdered  near  Ziguinchor.  While  no  group  has  claimed 
responsibility  for  the  killing  and  no  direct  proof  of  guilt  has  emerged,  tne  Senegalese 
human  rights  organization  African  Meeting  for  the  Defense  of  Human  Rights 
(RADDHO)  and  Amnesty  International  (AI)  attributed  responsibility  for  Badiane's 
death  to  the  Government. 

A  report  by  AI  issued  in  September  alleged  "tens"  of  civilian  deaths  in  the 
Casamance.  A  report  by  RADDHO  released  in  the  same  month  listed  16  individuals 
including  Sarani  Badiane,  who  had  been  killed  in  the  conflict.  Of  the  16,  RADDHO 
stated  that  3  were  killed  by  the  army  and  12  by  the  MFDC. 

On  December  30,  three  relatives  of  MFDC  military  leader  Salif  Sadio  and  one 
other  person  were  murdered  by  unknown  persons. 

Guerrillas  of  the  rebel  Movement  of  Democratic  Forces  of  the  Casamance  (MFDC) 
were  suspected  of  being  responsible  for  killing  many  civilians  during  the  fighting  in 
the  Casamance.  The  RADDHO  report  listed  12  individuals  killed  by  the  MTOC. 

One  person  in  the  RADDHO  report  was  listed  as  killed  by  "unidentified  armed 
elements."  In  addition  RADDHO  reported  the  massacre  of  four  members  of  an 
unnamed  family  in  Mandina  Wandifa  in  September,  but  did  not  identify  the  per- 
petrators. 

On  many  occasions  in  other  parts  of  the  country,  vigilante  groups  and  mobs 
lynched  suspected  thieves.  In  August  a  wave  of  hysteria  about  the  then,  of  male  sex- 
ual organs  resulted  in  the  deaths  of  30  people  from  mob  violence. 


288 

b.  Disappearance. — A  report  by  AI  in  September  alleged  30  disappearances  in  the 
Cassamance.  The  RADDHO  report  released  in  September  listed  six  individuals  who 
allegedly  disappeared  while  in  the  custody  of  the  armed  forces. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  report  by  RADDHO  of  alleged  human  rights  violations  in  the  Casamance  issued 
in  September  accused  the  armed  forces  and  the  MEDC  of  torture.  RADDHO  identi- 
fied two  victims  who  survived  such  torture,  as  well  as  two  other  persons  (including 
Sarani  Badiane)  who  allegedly  were  tortured  first  and  then  killed. 

There  are  credible  reports  that  police  and  gendarmes  oflen  beat  suspects  during 
questioning  and  pretrial  detention,  in  spite  of  constitutional  prohibitions  against 
such  treatment.  Torture  perpetrated  by  police,  usually  beatings,  remains  an  embar- 
rassing public  issue,  ana  is  regularly  reported  in  the  press.  Two  police  ofTicers  ar- 
rested in  1996  for  torturing  a  suspect  by  spraying  paint  thinner  on  his  buttocks  and 
igniting  it  were  still  on  bail  pending  trial  at  year's  end.  In  1996  the  Government 
proposed  and  Parliament  strengthened  legal  provisions  forbidding  torture  which 
came  into  elTect  in  August. 

Prison  conditions  are  poor.  Prisons  remain  overcrowded,  and  food  and  health  care 
are  inadequate.  However,  there  have  been  no  reported  deaths  in  prison  due  to  these 
conditions. 

The  Government  permits  visits  by  government,  nongovernmental,  and  inter- 
national human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention;  however,  authorities  at  times  violate  these  constitutional  prohi- 
bitions. 

The  law  specifies  that  warrants,  issued  by  judges,  are  required  for  arrests.  How- 
ever, laws  also  grant  the  police  broad  powers  to  detain  prisoners  for  lengthy  periods 
of  time.  Police  may  legally  hold  without  charge  a  person  suspected  of  a  crime  for 
48  hours  after  arrest  and  for  up  to  72  hours  if  ordered  by  a  public  prosecutor.  This 
period  may  be  doubled  in  the  case  of  crimes  against  the  security  of  the  state.  The 
prosecutor  decides  whether  to  forward  the  case  to  an  investigating  judge  who  may 
open  an  investigation.  At  this  point,  the  suspects  are  preliminarily  charged  and  may 
be  held  or  released  on  their  own  recognizance.  There  is  a  system  of  bail,  but  it  is 
rarely  used.  During  temporary  detention,  the  accused  has  no  access  to  family  or  an 
attorney  but  has  the  rignt  to  demand  a  medical  exam.  Once  charged,  a  prisoner  is 
permitted  visits  by  both  family  and  legal  advisors.  The  accused  may  be  held  in  cus- 
tody for  6  months,  and  the  investigating  magistrate  can  certify  that  an  additional 
6-month  extension  is  required.  Such  extensions  may  be  reviewed  by  a  court  on  ap- 
peal from  the  accused's  attorney. 

Police  are  rarely  prosecuted  for  violations  of  arrest  and  detention  procedures,  and 
the  authorities  may  detain  a  prisoner  for  long  periods  of  time  while  they  investigate 
and  build  a  case  against  a  suspect.  The  authorities  may  and  routinely  do  hold  pris- 
oners in  custody  unless  and  until  a  court  demands  their  release.  Despite  the  6- 
month  limitations  on  detention,  the  time  between  the  charging  phase  and  trial  aver- 
ages 2  years.  In  an  effort  to  improve  the  administration  of  justice,  the  Government 
recruited  48  law  school  graduates  to  be  trained  as  magistrates  over  a  period  of  2 
years. 

Approximately  150  suspected  MFDC  members  remained  in  political  detention  at 
year's  end. 

The  Constitution  prohibits  exile,  and  it  is  not  used. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  a  judiciary  inde- 
pendent of  the  executive,  the  legislature,  and  the  armed  forces.  However,  mag- 
istrates are  vulnerable  to  outside  pressures  due  to  low  pay,  poor  working  conditions, 
and  family  and  political  ties.  Also,  the  Minister  of  Justice  and  subordinate  authori- 
ties have  extensive  authority  to  influence  judicial  procedures,  e.g.,  in  keeping  the 
accused  in  pretrial  detention.  In  June  the  Court  of  Appeals  upheld  a  lower  court 
decision  fining  Sud  Communication,  a  privately  owned  media  group,  an  unprece- 
dented, punitive  $1  million  for  defamation.  Sud  Communication  is  appealing  the  de- 
cision to  the  Court  of  Appeal. 

The  legal  system  is  based  on  FVench  civil  law  and  is  composed  of  ordinary  courts 
and  a  number  of  higher  and  special  courts,  including  the  three  created  in  May  1992 
to  replace  the  Supreme  Court:  the  Council  of  State  for  Administrative  Questions; 
the  Constitutional  Council;  and  a  Court  of  Appeal.  These  courts  remain  under- 
staffed, and  many  of  the  special  courts,  including  the  Unlawful  Enrichment  Court 
and  special  courts  to  try  government  officials  for  treason  and  malfeasance,  are  dor- 
mant. Muslims  have  the  right  to  choose  customary  law  or  civil  law  for  certain  civil 
cases,  such  as  those  concerning  inheritance  and  divorce.  However,  customary  law 
decisions  are  rendered  by  civil  court  judges.  There  is  a  separate  system  of  military 
courts  for  members  of  the  armed  forces  and  the  gendarmerie.  TTie  right  of  appeal 


289 

exists  in  all  courts  except  military  courts  and  the  special  Unlawful  Enrichment 
Court.  Military  courts  may  try  civilians  only  if  they  are  involved  in  violations  of 
military  law  committed  by  military  personnel. 

In  principle  the  accused  is  innocent  until  proven  guilty,  and  when  brought  to  trial 
it  is  the  State's  burden  to  prove  that  the  accused  is  guilty  of  the  charges.  Trials  are 
public,  and  defendants  have  the  right  to  be  present  in  court,  to  confront  witnesses, 
to  present  evidence,  and  to  have  an  attorney.  In  practice,  however,  some  defendants 
are  denied  legal  assistance  at  public  expense  due  to  lack  of  funding.  Evidentiary 
hearings  may  be  closed  to  the  public  and  the  press,  but  the  defendant  and  his  law- 
yer have  access  to  all  evidence  presented  and  can  introduce  their  own  evidence  be- 
fore the  investigating  judge  decides  to  refer  the  case  to  the  prosecutor  for  trial.  A 
panel  of  judges  presides  over  ordinary  courts  for  both  civil  and  criminal  cases;  in 
criminal  cases  citizens  also  serve  on  the  panel. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  arbitrary  invasion  of  the  home,  and  there  was  little  govern- 
ment interference  in  the  private  lives  of  citizens.  The  law  requires  search  warrants, 
and  only  judges  may  issue  them.  During  high-profile  or  politically  charged  investiga- 
tions, police  often  proceed  without  the  required  search  warrants. 

During  the  first  part  of  the  year,  a  cease-fire  was  in  effect  between  the  Govern- 
ment and  the  MDFC.  However,  beginning  in  July,  a  series  of  violent  clashes  caused 
many  civilians  to  flee  their  homes  in  the  Casamance. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  the  Government  generally  respects  these  rights  in  practice.  Laws 
prohibit  the  press  from  the  expression  of  views  that  "discredit  the  State,  incite  the 
population  to  disorder,  or  disseminate  "false  news."  In  June  the  Dakar  Prosecutor 
General  charged  the  publisher  and  three  journalists  of  Sud  Quotidien,  a  privately 
owned  daily  newspaper,  with  "disseminating  false  news"  and  "insulting  the  Head  of 
State."  The  paper  had  criticized  President  Diouf  for  attempting  to  influence  the  judi- 
ciary by  holding  a  nationally  televised  awards  ceremony  to  honor  two  businessmen 
5  days  before  the  Court  of  Appeals  was  due  to  return  its  decision  on  a  prior  defama- 
tion case  those  businessmen  had  brought  against  the  newspaper's  parent  company, 
Sud  Communication.  At  year's  end,  the  journalists  are  free  on  bail  pending  their 
trial. 

A  broad  spectrum  of  thought  and  opinion  is  available  to  the  public  through  regu- 
larly published  magazines  and  newspapers,  including  foreign  publications,  and  nu- 
merous independent  radio  stations.  Political  and  economic  views  expressed  in  the 
indef>endent  press  are  often  critical  of  the  Government  and  its  programs.  While  pub- 
lishers are  required  to  register  prior  to  starting  publication,  the  Government  rou- 
tinely approves  such  registrations.  A  government  monopoly  controls  local  television, 
an  important  source  of  news.  French-owned  pay  television  is  available  but  offers  no 
local  news. 

In  August  the  Government  suspended  the  operation  of  three  independent  radio 
stations  for  nonpayment  of  licensing  fees  in  arrears  to  the  state  radio  and  television 
company.  Although  a  competitor  of  the  private  companies,  the  state  radio  and  tele- 
vision company  retains  a  monopoly  in  the  allocation  of  frequencies  and  licensing  of 
independent  radio  and  television  stations.  Independent  radio  operators  claim  that 
the  legal  obligation  of  private  stations  to  pay  fees  to  the  state  company  infringes 
on  the  principle  of  free  competition.  Although  they  had  previously  agreed  to  pay  the 
fees,  the  private  companies  also  argued  these  were  unreasonably  high.  The  stations 
returned  to  the  air  upon  payment  of  the  arrearages.  In  December  a  new  independ- 
ent radio  station  owned  by  the  newspaper  Wal  Fadjri  began  broadcasting.  The  Brit- 
ish Broadcasting  Corporation  and  Radio  France  Internationale  also  opened  radio 
stations  during  the  year. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  generally  respects  them  in  practice.  The  Govern- 
ment requires  prior  authorization  for  public  demonstrations,  which  it  usually 
grants.  Meetings  by  students  on  the  academic  campus  of  the  University  in  Dakar 
are  informally  banned,  but  this  prohibition  does  not  extend  to  the  dormitory  areas 
of  the  campus  or  to  the  University  in  Saint-Louis. 

During  tne  year,  the  Government  from  time  to  time  denied  authorization  for  pub- 
lic demonstrations  by  unions  or  political  parties.  In  May  the  Government  refused 
to  permit  one  march  by  a  labor  union  controlled  by  the  Party  of  Independence  and 
Labor  (PIT).  In  March  police  forcibly  dispersed  a  peaceful  rally  held  by  students  on 


290 

the  capital's  university  campus.  Police  raided  students'  dormitories,  beat  residents, 
and  detained  dozens  of  them  for  short  periods  of  time. 

Government  authorities  harassed  a  dissident  faction  within  the  ruling  Socialist 
Party  (PS),  the  Current  of  Democratic  Renewal.  The  city  of  Dakar  refused  to  allow 
the  group  to  hold  its  first  rally  in  the  main  square.  In  November  government  offi- 
cials persuaded  managers  of  two  Dakar  hotels  not  to  allow  the  dissidents  to  hold 
a  news  conference  in  their  buildings.  At  the  same  time,  the  police  questioned  the 
group's  leaders  about  their  compliance  with  a  ban  on  their  political  activities  im- 
posed by  the  PS.  Authorities  also  broke  up  a  dissident  rally  in  Kaolack  in  Novem- 
ber. The  official  explanation  that  the  PS  had  scheduled  a  rally  for  the  same  place 
was  put  into  question  when  a  PS  leader  in  Kaolack  told  a  radio  interviewer  the  Cur- 
rent of  Democratic  Renewal  would  never  be  allowed  to  hold  a  rally  in  his  town. 

Citizens  wishing  to  form  associations  must  register  with  the  Ministry  of  Interior. 
Business-related  associations  register  with  the  Ministry  of  Commerce.  By  law  and 
in  practice,  the  Ministry  of  Interior  must  register  such  groups  so  long  as  the  objec- 
tives of  the  association  are  clearly  stated  ana  they  do  not  violate  the  law. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  gen- 
erally respects  them  in  practice.  Certain  public  employees  must  obtain  government 
approval  before  departing  the  country. 

Although  the  leader  of  the  MFDC,  Abbe  Augustine  Diamacoune  Senghor,  re- 
mained free  from  house  arrest,  his  movements  were  controlled  by  the  Government. 
Tiie  Government  reportedly  blocked  a  trip  by  Diamacoune  to  France  to  meet  with 
the  leader  of  the  MFDC's  external  wing  to  coordinate  policy  in  peace  talks  with  the 
Government.  After  the  killing  of  Sarani  Badiane  in  August,  two  of  Diamacoune's  re- 
maining lieutenants  sought  refuge  with  Diamacoune  who  remains  in  government 
custody  at  a  church  in  Ziguinchor.  The  Government  did  not  attempt  to  hinder  their 
joining  Diamacoune,  but  in  October  expelled  them  from  Diamacoune's  Quarters. 

In  December  immigration  officials  refused  to  allow  Djibo  Ka,  the  leaaer  of  the  dis- 
sident Current  of  Democratic  Renewal  faction  of  the  PS,  to  board  a  flight  to  Paris, 
claiming  that  Interior  Minister  Abdourahime  Sow  had  summoned  him.  Ka  left  the 
country  the  day  after  meeting  with  Sow  and  returned  without  incident. 

Since  1989  as  a  country  of  first  asylum,  Senegal  has  hosted  Mauritanian  refugees 
who  reside  primarily  in  villages  located  along  the  length  of  the  border  with  Mauri- 
tania. The  Government  cooperates  with  the  United  Nations  High  Commissioner  for 
Reftigees  (UNHCR)  and  other  humanitarian  organizations  in  providing  assistance 
for  refugees.  The  UNHCR  reported  no  significant  protection  problems  for  refugees 
during  the  year  and  began  to  reduce  its  assistance  to  the  Mauritanian  refugees  as 
they  became  more  self-sufficient,  and  either  returned  to  Mauritania  or  integrated 
into  Senegalese  society.  No  repatriation  agreement  exists  between  the  Government 
and  the  UNHCR,  but  the  Government  announced  its  willingness  to  cooperate  with 
a  formal  repatriation  program  directed  by  the  UNHCR.  A  number  of  refugees  have 
returned  to  Mauritania  and  current  UNHCR  estimates  put  the  refugee  population 
at  55,000. 

There  were  no  reports  of  forced  return  of  persons  to  a  country  where  they  feared 
persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  constitutional  right  to  change  their  government  through  peri- 
odic multiparty  elections.  However,  the  Socialist  Party  s  domination  of  political 
life — it  has  held  power  since  independence — and  irregularities  and  fraud  in  elections 
have  called  into  question  the  extent  to  which  citizens  can  meaningfully  exercise  this 
right. 

The  PS  holds  a  73  percent  majority  in  Parliament  with  88  parliamentary  seats, 
2  more  than  in  1995  aue  to  opposition  member  defections.  The  opposition  holds  32 
seats.  There  are  27  legal  parties.  Five  members  of  the  leading  opposition  party,  the 
Senegalese  Democratic  Party  (PDS),  and  4  independent  or  minor  opposition  mem- 
bers are  in  President  Dioufs  33-member  cabinet.  In  January  new  regional  and  local 
councils  created  by  the  law  on  decentralization  of  internal  administration  assumed 
office.  The  PS  gained  control  of  the  10  newly  created  regional  governments,  while 
opposition  parties  won  seats  in  all  local  governments.  Following  serious  allegations 
01  fraud  and  many  serious  procedural  and  other  irregularities  in  the  1996  regional 
and  local  elections,  an  alliance  of  as  many  as  19  opposition  parties  demanded  the 
creation  of  an  independent  national  electoral  commission,  a  demand  that  the  PS  re- 
jected. 


291 

In  February  President  Diouf  set  up  a  consultative  forum  of  all  parties  to  work  out 
proposals  for  electoral  reform.  When  the  parties  failed  to  reach  a  compromise,  the 
President  made  his  own  proposal  in  August  to  create  a  National  Observatory  of 
Elections  (ONEL).  Later  in  August,  the  National  Assembly  adopted  this  proposal 
with  a  number  of  amendments  from  the  opposition. 

The  National  Observatory  of  Elections  (ONEL)  created  by  the  new  law  is  to  super- 
vise and  oversee  the  elections.  The  ONEL  is  an  independent  oversight  body  empow- 
ered to  order  bureaucrats  to  obey  the  law  and  to  take  legal  action  against  individ- 
uals and  parties  who  violate  the  law.  The  Interior  Ministry,  however,  remains  re- 
sponsible for  the  actual  organization  and  implementation  of  the  elections.  A  newly 
created  General  Directorate  of  Elections  witnin  the  Ministry  of  the  Interior  is  to 
centralize  the  hitherto  dispersed  responsibility  for  administering  elections.  The  over- 
whelming majority  of  opposition  leaders  regard  the  reform  as  a  significant  step  to- 
ward greater  electoral  transparency. 

Women  are  underrepresented  in  the  political  process.  While  there  are  no  legal  im- 

fiediments  to  their  participation  in  government  and  politics,  cultural  and  education 
actors  hamper  them.  Only  3  of  the  33  ministers  who  comprise  the  President's  Cabi- 
net are  women,  and  there  are  only  2  women  in  the  19-member  Economic  and  Social 
Council,  the  Government's  quasi-policymaking  body.  Women  won  two  mayoralty 
elections  and  one  rural  commune  in  the  November  1996  local  elections.  No  women 
head  political  parties,  and  only  14  female  Deputies  hold  seats  in  the  120-member 
National  Assembly.  Women's  lower  representation  reflects  not  only  disparity  in  edu- 
cation (see  Section  5),  but  also  cultural  pressures.  In  addition  political  parties  often 
rank  women  low  on  party  lists,  making  it  difficult  for  them  to  oe  elected  to  the  Na- 
tional Assembly  or  to  be  appointed  ministers. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  wide  variety  of  human  rights  groups  operate  without  government  restriction, 
investigating  and  publishing  their  findings  on  human  rights  cases.  Government  offi- 
cials are  generally  cooperative  and  receptive  to  their  views.  In  March  the  Govern- 
ment enacted  a  law  to  strengthen  the  National  Committee  on  Human  Rights.  The 
Committee  includes  members  from  the  Government  and  civic  organizations,  includ- 
ing private  human  rights  groups.  It  may  on  its  own  initiative,  among  other  actions, 
investigate  human  rights  abuses,  including  torture,  but  did  not  investigate  any 
cases  of  abuse  in  1997. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Ixinguage,  or  So- 
cial Status 

The  Constitution  states  that  "men  and  women  shall  be  equal  in  law"  and  prohibits 
discrimination  based  on  race,  religion,  sex,  class,  or  language.  However,  de  facto  dis- 
crimination against  women  is  pervasive,  and  the  Government  frequently  does  not 
enforce  antidiscrimination  laws. 

Women. — There  are  credible  reports  that  violence  against  women,  usually  wife 
beating,  is  common,  particularly  in  rural  areas.  Police  do  not  usually  intervene  in 
domestic  disputes,  and  most  people  are  reluctant  to  go  outside  the  family  for  re- 
dress. The  law  and  society  view  rape  as  a  very  serious  crime,  and  the  law  stipulates 
that  persons  convicted  of  rape  may  be  imprisoned  for  up  to  10  years.  If  the  victim 
is  a  minor,  her  age  is  considered  an  aggravating  circumstance.  Rape  trials  often  re- 
sult in  convictions. 

Despite  constitutional  protections,  women  face  extensive  societal  discrimination, 
especially  in  rural  areas  where  Islamic  and  Senegalese  customs,  including  polygyny 
and  Islamic  rules  of  inheritance,  are  strongest,  and  women  are  generally  confined 
to  traditional  roles.  In  the  countryside,  women  perform  much  of  the  subsistence 
farming  and  child  rearing  and  have  limited  educational  opportunities.  Although  the 
Government  has  committed  itself  to  equalizing  male/female  primary  school  enroll- 
ment, there  is  still  much  social  and  ofTicial  discrimination  against  women  in  edu- 
cational opportunities.  Only  23  percent  of  females  over  15  years  of  age  are  literate, 
while  the  rate  for  males  over  age  15  is  30  percent. 

According  to  the  U.N.  only  20  percent  of  women  are  engaged  in  paid  employment. 
Traditional  practices,  moreover,  make  it  difficult  for  women  to  obtain  bank  credit. 
Women  usually  marry  young  (the  majority  by  age  16  in  rural  areas),  and  average 
6  live  births  (down  from  7  in  1995).  About  half  of  all  women  live  in  polygynous 
unions. 

In  urban  areas,  women  encounter  somewhat  less  discrimination  and  are  active  in 

f government,  political  life,  the  legal  profession,  and  business.  About  14  percent  of 
awyers  are  women.  Urban  women  are  more  likely  to  take  advantage  of  the  Govern- 
ment's efforts  to  increase  respect  for  women's  legal  rights  to  divorce,  alimony,  and 


292 

child  support,  and  to  seek  education  and  employment.  In  general  urban  women  re- 
ceive equal  pay  for  equal  work. 

Children. — The  Ministry  of  Women,  Children,  and  the  Family,  established  in 
1990,  is  responsible  for  promoting  children's  welfare.  Numerous  organizations  assist 
the  Ministry  in  support  of  children's  rights,  including  the  Ministry  of  Health,  which 
maintained  a  nationwide  effort  focusing  on  child  survival.  Organized  street  begging 
by  children  who  are  Koranic  students  results  in  a  significant  interruption  of  their 
education.  The  Government  continues  to  increase  the  number  of  classrooms  and  en- 
courage more  children,  particularly  females,  to  enter  and  stay  in  school. 

There  are  no  laws  or  regulations  concerning  female  genital  mutilation  (FGM), 
which  is  widely  condemned  by  international  health  experts  as  damaging  to  both 
physical  and  psychological  health.  However,  the  Ministry  of  Women,  Children,  and 
the  Family  sponsors  programs  to  educate  women  to  the  dangers  of  FGM.  FGM  is 
not  practiced  by  Senegal's  largest  ethnic  group,  the  Wolofs  (representing  43  percent 
of  the  population),  but  it  is  performed  on  girls  belonging  to  some  other  ethnic 
groups.  Infibulation,  the  most  extreme  and  dangerous  form  of  FGM,  is  practiced  by 
members  of  the  Toucouleur  and  Peulh  ethnic  groups,  particularly  those  in  rural 
areas.  Unsubstantiated  recent  studies  estimate  that  between  5  and  20  percent  of  fe- 
males undergo  the  procedure. 

In  July  the  village  of  Malicounda  Bambara  decided  to  ban  FGM  among  its  3,000 
inhabitants  despite  strong  support  for  the  practice  by  the  predominant  group  in  the 
village,  the  Bambara.  The  local  religious  leader  endorsed  the  villagers'  decision.  In 
November  President  Diof  publicly  endorsed  this  decision  and  called  for  debate  in 
every  village  on  ending  FGM. 

People  With  Disabilities. — There  is  no  ofiicial  discrimination  against  disabled  per- 
sons. There  are  no  laws  that  mandate  accessibility  for  the  disabled,  and  in  practice 
most  persons  with  disabilities  are  generally  unable  to  participate  in  many  occupa- 
tions due  to  physical  barriers  and  a  lack  of  equipment  and  training  opportunities 
that  would  make  such  participation  possible. 

Religious  Minorities. — Approximately  92  percent  of  the  population  are  Muslim. 
There  are  small  Christian  (2  percent)  and  indigenous  (6  percent)  religious  commu- 
nities. Officially,  adherence  to  a  particular  religion  confers  no  advantage  or  dis- 
advantage in  civil,  political,  economic,  military,  or  other  matters.  In  practice,  how- 
ever, membership  in  an  Islamic  subgroup  may  afTord  certain  political  and  economic 
protections  and  advantages. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  the  Labor  Code  provide  all 
workers  with  the  right  of  association,  and  they  are  free  to  form  or  join  unions.  Any 
group  of  workers  in  the  same  occupations,  similar  trades,  or  the  same  professions 
may  form  a  union.  While  the  Ministry  does  not  always  grant  initial  recognition  to 
a  union,  once  it  gives  recognition,  the  Ministry  virtually  never  withdraws  it.  It  may, 
however,  disband  a  union  if  its  activities  deviate  from  its  charter.  The  Labor  Code 
does  not  apply  to  the  informal  and  agricultural  sectors  where  most  people  work. 

Although  they  represent  a  small  percentage  of  the  working  population,  unions 
wield  significant  political  infiuence  because  of  their  ability  to  disrupt  vital  sectors 
of  the  economy.  Tne  small  industrial  component  of  the  total  work  force  of  4  million 
is  almost  totally  unionized.  The  only  union  in  the  agrarian  sector  is  one  represent- 
ing workers  at  a  privately  owned  sugar  company.  Some  farmers  are  organized  into 
the  National  Farming  Association,  an  advocacy  organization. 

The  National  Confederation  of  Senegalese  Workers  (CNTS),  the  largest  union  or- 
ganization, has  close  ties  to  the  ruling  Socialist  Party,  and  union  members  hold  a 
considerable  number  of  government  positions.  One  is  a  PS  minister,  and  four  others 
hold  PS  seats  in  the  Parliament.  While  ostensibly  an  independent  organization,  the 
umbrella  CNTS  consistently  supports  government  policies. 

The  rival  to  the  CNTS  is  the  National  Union  of  Autonomous  Labor  Unions  of  Sen- 
egal (UNSAS).  UNSAS  is  a  federation  of  strategically  important  unions  such  as 
those  of  electrical  workers,  telecommunication  workers,  teachers,  water  technicians, 
and  hospital,  railroad,  and  sugar  workers. 

The  Constitution  and  the  Labor  Code  provide  for  the  right  to  strike,  but  with  re- 
strictions. Unions  representing  members  of  the  civil  service  must  notify  the  Govern- 
ment of  their  intent  to  strike  no  less  than  1  month  in  advance,  and  private  sector 
unions  must  make  a  similar  notification  3  days  in  advance.  The  Government  or  the 
employer  can  use  the  time  to  seek  a  settlement  to  the  dispute  but  cannot  stop  the 
stnke.  There  were  numerous  legal — but  no  illegal — strikes  this  year.  Regulations 
prohibit  employers  from  retaliating  against  legal  strikers,  and  these  regulations  are 
enforced  through  the  I^bor  Court. 


293 

The  Labor  Code  permits  unions  to  affiliate  with  international  bodies.  The  CNTS 
is  active  in  regional  and  international  labor  organizations  and  is  the  dominant  Sen- 
egalese member  of  the  Organization  of  African  Trade  Union  Unity. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  unions  with 
the  right  to  organize  and  to  bargain  collectively,  and  these  rights  are  protected  in 
practice.  There  are  also  legal  prohibitions  governing  discrimination  by  employers 
against  union  members  and  organizers.  Employers  found  guilty  of  antiunion  dis- 
crimination are  required  to  reinstate  workers.  There  were  no  known  instances  in 
which  workers  were  prevented  from  exercising  the  right  to  organize  and  bargain  col- 
lectively. The  Ministry  of  Labor  can  intervene  in  disputes  between  labor  and  man- 
agement if  requested,  and  it  plays  a  mediation  role  in  the  private  and  state  enter- 
prise sectors. 

Labor  laws  apply  to  all  industrial  firms  including  those  in  the  Dakar  Industrial 
Free  Trade  Zone. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — There  were  no  reports  of  forced 
labor,  which  is  prohibited  by  law.  The  Constitution  prohibits  child  labor  of  all  kinds, 
and  the  (}overnment  enforces  this  ban  in  the  formal  sector.  There  is  no  evidence 
that  forced  or  bonded  child  labor  takes  place  in  the  informal  or  agricultural  sectors. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment has  written  a  ban  on  child  labor  of  all  kinds  into  the  Constitution.  The 
Government  enforces  this  ban  in  the  formal  sector,  which  is  under  the  purview  of 
the  labor  law.  There  is  no  evidence  that  forced  or  bonded  child  labor  takes  place 
in  the  informal  or  agricultural  sectors  (see  Section  6.c.).  However,  in  lieu  of  being 
able  to  attend  school,  many  children  work  in  their  family's  fields. 

The  minimum  age  for  employment  is  16  years  for  apprenticeships  and  18  for  all 
other  types  of  work.  Inspectors  from  the  Ministry  of  Laoor  closely  monitor  and  en- 
force these  restrictions  within  the  small  formal  wage  sector,  which  includes  state- 
owned  corporations,  large  private  enterprises,  and  cooperatives. 

However,  children  under  the  age  of  16  frequently  work  in  the  much  larger  tradi- 
tional or  informal  sectors,  such  as  family  farms  in  rural  areas  or  in  small  busi- 
nesses, where  the  Government  does  not  enforce  minimum  age  and  other  workplace 
regulations. 

e.  Acceptable  Conditions  of  Work. — Legislation  mandating  a  monthly  minimum 
wage  has  been  in  force  since  the  country's  independence  in  1960.  The  Ministries  of 
Labor  and  Finance  determine  wage  rates  after  negotiating  with  the  unions  and 
management  councils.  The  minimum  wage  of  less  than  $.34  (209.1  cfa  francs)  per 
hour  is  not  adequate  to  support  a  worker  and  a  family. 

Within  the  formal  sector,  the  law  mandates;  a  standard  workweek  of  40  to  48 
hours  for  most  occupations,  with  at  least  one  24-hour  rest  period  and  1  month  per 
year  of  annual  leave;  enrollment  in  government  systems  for  social  security  and  re- 
tirement; safety  standards;  and  a  variety  of  other  measures.  These  regulations  are 
incorporated  into  the  Labor  Code  and  are  supervised  by  inspectors  from  the  Min- 
istry of  Labor.  However,  the  authorities'  enforcement  is  uneven,  especially  outside 
the  formal  sector.  There  is  no  explicit  legal  protection  for  workers  who  file  com- 
plaints about  unsafe  conditions.  While  there  are  legal  regulations  concerning  work- 
place safety,  government  officials  do  not  often  enforce  them. 

In  theory  workers  have  the  right  to  remove  themselves  from  unsafe  working  con- 
ditions, but  in  practice  the  right  is  seldom  exercised  in  circumstances  of  high  unem- 
ployment and  a  slow  legal  system. 


SEYCHELLES 

President  France  Albert  Rene  and  his  Seychelles  People's  Progressive  Front 
(SPPF)  have  governed  since  a  1977  military  coup.  In  the  1990's,  the  SPPF  guided 
the  return  to  a  multiparty  political  system,  which  culminated  in  July  1993  in  the 
country's  first  free  and  fair  presidential  and  parliamentary  elections  since  1977. 
President  Rene  was  continued  in  power,  and  the  SPPF  won  27  of  the  33  National 
Assembly  seats,  21  by  direct  election  and  6  by  proportional  representation.  Despite 
the  elections,  the  President  and  the  SPPF  continued  to  dominate  the  country 
through  a  pervasive  system  of  political  patronage  and  control  over  government  jobs, 
contracts,  and  resources.  The  judiciary's  independence  has  been  questioned.  The 
Constitution  was  amended  in  1995  to  allow  for  the  appointment  of  a  vice  president. 
The  judiciary  is  inefficient,  lacks  resources,  and  is  subject  to  executive  interference. 

The  President  has  complete  control  over  the  security  apparatus,  which  includes 
a  national  guard  force,  the  army,  and  the  police.  There  is  also  an  armed  para- 


294  ' 

military  Police  Mobile  Unit.  There  were  several  credible  reports  that  the  security 
forces  abused  persons  in  custody. 

The  economy  provides  the  country's  75,000  residents  an  average  per  capita  income 
of  more  than  $6,000  per  year  and  generally  adequate  social  services.  The  Govern- 
ment has  successfully  begun  to  diversify  the  economy  and  move  it  away  from  its 
heavy  reliance  on  tourism.  Revenues  from  fishing  rights  and  fish  processing  have 
grown  sharply  in  recent  years.  Overall  growth  has  remained  sluggish,  however,  due 
lai^ely  to  shortages  of  foreign  exchange  and  the  pervasive  presence  of  inefficient 
state  enterprises.  Progress  toward  privatization  has  been  slow.  The  Seychelles'  ap- 
plication to  join  the  World  Trade  Organization  has  forced  it  to  consider  reforming 
its  trade  and  foreign  exchange  regimes,  but  it  has  made  few  substantive  changes 
to  date. 

The  human  rights  situation  continued  to  improve,  and  the  Government  generally 
respected  the  ri^ts  of  its  citizens.  However,  despite  parliamentary  formalities,  the 
President  continued  to  wield  power  virtually  unchecked.  Security  forces  used  exces- 
sive force  in  a  few  instances,  although  police  brutality  was  not  widespread.  The  au- 
thorities investigated  complaints  of  police  abuse.  Violence  against  women  and  child 
abuse  remained  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  expressly  forbids  torture,  but  there  have  been  instances  of  exces- 
sive use  of  force  by  police.  The  authorities  have  investigated  and  punished  offenders 
in  the  past. 

Conditions   at   Long   Island   prison   are   Spartan.   Family   members    are   allowed 
monthly  visits,  and  prisoners  have  access  to  reading  but  not  writing  materials. 
There  is  no  regular  system  of  independent  monitoring  of  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  provides  that  persons 
arrested  must  be  brought  before  a  magistrate  within  24  hours.  This  provision  is  ap- 
plied in  practice  to  the  extent  possible,  with  allowances  made  for  boat  travel  from 
distant  islands.  The  National  Assembly  approved  legislation  that  provided  for  deten- 
tion without  charge  for  up  to  7  days  if  authorized  by  court  order.  Detainees  have 
access  to  legal  counsel,  and  free  counsel  is  provided  to  the  indigent.  The  law  pro- 
vides for  judicial  review  of  the  legality  of  detention,  and  bail  is  available  for  most 
offenses.  Some  defense  attorneys  assert  that  extended  periods  of  detention  under 
harsh  conditions  are  used  to  extort  confessions  from  suspects. 

Several  persons  have  brought  civil  cases  against  the  police  for  unlawful  arrest  or 
entry,  with  limited  success. 

There  were  no  cases  of  forced  exile.  Following  the  1977  coup,  a  number  of  persons 
went  into  voluntary  exile,  and  others  were  released  from  prison  with  the  condition 
that  they  immediately  leave  the  country.  A  number  of  these  former  exiles  who  re- 
turned were  able  to  reacquire  their  property,  but  the  majority  have  not.  There  were 
some  instances  in  which  the  Government  rejected  valid  compensation  claims  for  con- 
fiscated properties  of  returning  exiles,  apparently  for  political  reasons. 

e.  Denial  of  Fair  Public  Trial.— The  Constitution  provides  for  an  independent  judi- 
ciary; however,  it  is  inefficient,  lacks  resources,  as  is  subject  to  executive  inter- 
ference. 

The  judicial  system  includes  magistrates'  courts,  the  Supreme  Court,  the  Con- 
stitutional Court,  and  the  Court  of  Appeal. 

Criminal  cases  are  heard  by  a  magistrates'  court  or  the  Supreme  Court,  depend- 
ing on  the  gravity  of  the  offense.  A  jury  is  used  in  cases  involving  murder  or  trea- 
son. Trials  are  public,  and  the  accused  is  considered  innocent  until  proven  guilty. 
Defendants  have  the  right  to  counsel,  to  be  present  at  their  trial,  to  confront  wit- 
nesses, and  to  appeal.  However,  there  are  few  well-trained  lawyers.  The  Constitu- 
tional Court  convenes  weekly  or  as  necessary  to  consider  constitutional  issues  only. 
The  Court  of  Appeal  convenes  twice  per  year  to  consider  appeals  from  the  Supreme 
Court  and  Constitutional  Court  only. 

Defendants  generally  have  the  right  to  a  fair  trial.  All  judges  are  appointed  for 
5  years,  and  can  be  reappointed  by  the  Constitutional  Appointment  Committee.  All 
were  hired  from  other  British  Commonwealth  countries,  and  none  is  Seychellois. 
Some  observers  criticized  expatriate  judges  for  a  perceived  lack  of  sensitivity  on  is- 
sues such  as  human  rights.  I^egal  organs  of  the  Government,  such  as  the  Attorney 


295 

General's  ofUce  and  the  Ombudsman,  are  reluctant  to  pursue  charges  of  wrongdoing 
or  abuse  of  power  against  senior  officials. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  InterfererLce  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  right  to  privacy  and  freedom  from  arbitrary  searches. 
The  law  requires  a  warrant  for  police  searches,  and  the  authorities  generally  re- 
spected this  requirement  in  practice.  The  law  requires  that  all  electronic  surveil- 
lance be  justified  on  the  grounds  of  preventing  a  serious  crime  and  be  approved  by 
a  judge.  The  Government  maintains  telephone  surveillance  of  some  political  figures. 

Some  members  of  opposition  parties  claimed  that  they  lost  their  government  jobs 
because  of  their  political  beliefs  and  are  at  a  disadvantage  when  applying  for  gov- 
ernment licenses  and  loans. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  but  it  also  provides  for  restrictions  on  speech  "for  protecting  the 
reputation,  rights,  and  freedoms  of  private  lives  of  persons"  and  "in  the  interest  of 
defense,  public  safety,  public  order,  public  morality,  or  public  health."  Both  freedom 
of  speech  and  the  press  are  thus  constrained  by  the  ease  with  which  civil  lawsuits 
can  be  filed  to  penalize  journalists  for  alleged  libel.  In  most  instances,  citizens  speak 
freely,  including  in  Parliament. 

The  Government  has  a  near  monopoly  in  the  media,  owning  the  only  television 
and  radio  stations,  the  most  important  means  for  reaching  the  public,  and  The  Na- 
tion, the  only  daily  newspaper.  The  official  media  adhere  closely  to  the  Govern- 
ment's position  on  policy  issues  and  give  the  opposition  and  news  adverse  to  the 
Government  only  limited  attention.  While  both  opposition  parties  publish  an  assort- 
ment of  newsletters  and  magazines,  only  one  significant  opposition  newspaper,  the 
weekly  Regar,  is  in  circulation.  Government  ofiicials  have  sued  Regar  for  libel  seven 
times  in  the  last  4  years,  including  once  in  1997.  A  second  weekly.  The  Independent, 
ceased  publication  in  1995  after  losing  a  libel  suit  brought  by  a  government  official. 

Academic  freedom  is  limited  since.  Tor  example,  one  cannot  reach  senior  positions 
in  the  academic  bureaucracy  without  demonstrating  at  least  nominal  loyalty  to  the 
SPPF.  There  are  no  universities;  secondary  school  teachers  are  largely  apolitical. 
The  Government  controls  access  to  the  Polytechnic,  the  most  advanced  learning  in- 
stitution, and  public  school  graduates  wishing  admission  are  given  preference  based 
on  their  participation  in  the  National  Youth  Service  (NYS),  a  year-long  program 
that  emphasizes  educational  instruction,  although  in  the  past  it  nas  stressed  para- 
military training  and  SPPF  ideology. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly  and  association,  and  the  Government  generally  re- 
spected these  ridits  in  practice. 

c.  Freedom  oftteligion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  of  movement,  and  there  was  no 
Known  abridgment  of  domestic  or  international  travel.  Although  it  was  not  used  to 
refuse  a  passport  application,  the  1991  Passport  Act  allows  the  Government  to  deny 
passports  to  any  citizen  if  the  Minister  of  Defense  finds  that  such  denial  is  "in  the 
national  interest."  There  were  no  known  requests  for  asylum  and  no  refugees  in  the 
Seychelles. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern 
ment 

Citizens  freely  exercised  the  right  to  change  their  government  in  the  July  1993 
national  assembly  and  presidential  elections,  which  were  judged  by  international 
and  national  observers  to  have  been  free  and  fair.  However,  President  Rene  and  the 
SPPF  dominated  the  electoral  process  and  continued  to  rule — as  they  have  since 
1977.  The  elections  served  to  provide  a  voice  to  other  parties. 

The  FVesident's  SPPF  party  has  utilized  its  political  resources  and  those  of  the 
Government  to  develop  a  nationwide  organization  that  extends  to  the  village  level. 
The  opposition  parties  have  been  unable  to  match  the  SPPF's  organization  and  pa- 
tronage, in  part  because  of  financial  limitations. 

The  main  opposition  party,  the  Democratic  Party,  is  led  by  Sir  James  Mancham, 
the  country's  first  elected  president,  who  was  forced  into  a  15-year  exile  in  1977. 
Mancham  was  reelected  president  of  the  Democratic  Party  by  acclamation  at  a  con- 
troversial party  convention  in  March.  Critics  of  Mancham  alleged  that  his  ties  to 
the  ruling  SPPF  were  too  close  and  that  he  discouraged  his  own  party  members 
from  criticizing  the  Government. 


45-909    98-11 


296 

There  are  no  legal  restrictions  on  the  participation  of  women  or  minority  groups 
in  politics.  Women  hold  2  of  the  11  ministerial  positions  and  8  of  the  33  seats  in 
the  National  Assembly. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  no  private  groups  devoted  exclusively  to  investigating  human  rights 
practices.  However,  both  the  churches  and  some  nongovernmental  organizations 
have  been  strong  voices  for  human  rights  and  democratization,  and  the  Government 
has  not  interfered  with  their  activities.  There  were  no  known  requests  by  inter- 
national human  rights  groups  to  visit  the  Seychelles. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  affirms  the  right  to  be  free  from  all  types  of  discrimination,  but 
it  does  not  specifically  prohibit  aiscrimination  based  on  these  factors.  In  practice, 
there  is  no  overt  discrimination  in  housing,  employment,  education,  or  other  social 
services  based  on  race,  sex,  ethnic,  national,  or  religious  identification. 

Women. — Violence  against  women,  particularly  wife  beating,  remains  a  problem. 
Police  seldom  intervene  in  domestic  disputes,  unless  the  dispute  involves  a  weapon 
or  major  assault.  The  few  cases  that  reach  a  prosecutor  are  oflen  dismissed,  or,  if 
a  case  reaches  court,  the  perpetrator  is  usually  given  only  a  light  sentence.  There 
is  growing  societal  concern  about  domestic  violence  and  increased  recognition  of  the 
need  to  address  it. 

This  society  is  largely  matriarchal,  and  women  have  the  same  legal,  political,  eco- 
nomic, and  social  rights  as  men.  There  is  no  officially  sanctioned  discrimination  in 
education  or  employment,  and  women  are  well  represented  in  politics  and  business. 

Children. — Children  have  legal  protection  from  labor  and  physical  abuse  and  are 
required  to  attend  school.  Free  public  education  is  available.  In  June  1995,  the  Gov- 
ernment created  an  institutional  framework  for  aiding  children. 

Sexual  abuse  of  young  girls,  usually  in  low-income  families,  is  a  serious  problem. 
While  complete  statistics  are  not  available.  Ministry  of  Health  data  and  press  re- 
ports indicate  that  there  are  a  significant  number  of  rapes  committed  against  girls 
under  the  age  of  15.  Very  few  child  abuse  cases  are  actually  prosecuted  in  court. 
The  strongest  public  advocate  for  young  victims  is  a  semiautonomous  agency,  the 
National  Council  for  Children,  not  the  Government.  There  is  criticism  that  the  po- 
lice fail  to  investigate  charges  of  child  abuse  with  vigor. 

People  With  Disabilities. — The  Government  does  not  discriminate  against  people 
with  disabilities  in  housing,  jobs,  or  education.  However,  there  is  no  legislation  pro- 
viding for  access  to  public  buildings,  transportation,  or  government  services.  The 
Government  has  promised  the  International  Labor  Organization  (ILO)  that  it  would 
implement  a  law  providing  for  more  jobs  for  disabled  workers. 

National  / Racial  / Ethnic  Minorities. — The  education  gap  between  Creoles  and 
Seychellois  of  white  or  Asian  origin  is  narrowing.  The  Government  is  attempting  to 
reduce  this  gap  through  universal  access  to  public  education. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Under  the  1993  Industrial  Relations  Act  (IRA), 
workers  have  the  right  to  form  and  join  unions  of  their  choosing.  Police,  military, 
prison,  and  fire-fighting  personnel  may  not  unionize.  Under  the  act,  the  former  gov- 
ernment-controlled union,  the  National  Workers  Union,  lost  its  monopoly  position. 

There  are  currently  four  registered  unions:  Two  dominated  by  the  SPPF  and  two 
independents.  An  attempt  to  organize  an  independent  union  incorporating  employ- 
ees from  both  governmental  ministries  and  government-owned  entities  was  thwart- 
ed by  government  legal  action. 

Unions  can  freely  affiliate  with  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  IRA  provides  workers 
with  the  right  to  engage  in  collective  bargaining.  However,  in  practice  free  collective 
bargaining  does  not  normally  take  place.  The  Government  has  the  right  to  review 
and  approve  all  collective  bargaining  agreements  in  the  public  and  private  sectors. 
There  is  little  flexibility  in  the  setting  of  wages.  In  the  public  sector,  which  employs 
about  60  percent  of  the  labor  force,  the  Government  sets  mandatory  wage  scales  (or 
employees.  Wages  in  the  private  sector  are  generally  set  by  the  employer  in  individ- 
ual agreements  with  the  employee,  but  in  the  few  larger  businesses,  wage  scales  are 
subject  to  the  Government's  right  of  review  and  approval.  Private  employers  histori- 
cally have  paid  higher  wages  than  the  Government  in  order  to  attract  qualified 
workers.  However,  economic  problems  during  the  year  led  to  downward  pressures 
on  wages. 


297 

The  law  prohibits  antiunion  discrimination  by  employers  against  union  members. 
Independent  unions  allege  that  their  members  in  the  public  sector  have  encountered 
discrimination  on  the  job  because  of  their  afiiliation  with  non-SPPF  unions. 

The  Employment  Acts  of  1987  and  1995  constitute  the  basic  labor  law.  They  au- 
thorize the  Ministry  of  Employment  and  Social  AfTairs  to  establish  and  enforce  em- 
ployment terms,  conditions,  and  benefits.  Workers  have  frequently  obtained  re- 
course against  their  employers  through  the  Ministry. 

The  Government  plans  to  inaugurate  an  export  processing  zone  in  early  1998. 

There  are  no  export  processing  zones,  but  the  Government  is  actively  attempting 
to  create  one. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor,  and  it  is  not  known  to  exist. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment does  not  prohibit  forced  and  bonded  labor  by  children,  but  such  practices 
are  not  known  to  occur. 

The  minimum  age  for  employment  is  15  years,  and  children  are  encouraged  to  at- 
tend school  until  the  10th  grade  or  the  age  of  17,  whichever  occurs  first.  The  Gov- 
ernment strongly  encourages  children  to  fulfill  1  year  of  National  Youth  Service 
(NYS)  before  entering  the  work  force  at  the  age  of  16  or  the  Polytechnic  School  for 
Vocational  Training,  and  it  discourages  public  or  private  sector  employment  of  work- 
ers under  the  age  of  16.  The  Government  sponsors  apprenticeships  and  short-term 
(up  to  6  months!  work  programs  for  those  who  leave  school  and  do  not  participate 
in  the  NYS.  Children  in  these  programs  receive  a  training  stipend  whicn  is  below 
the  minimum  wage.  The  Government  enforces  child  labor  laws  through  inspections 
by  the  Ministry  oiEmployment  and  Social  Affairs. 

e.  Acceptable  Conditions  of  Work. — Seychelles  has  a  complicated  minimum  wage 
scale,  which  is  administratively  regulated  by  the  Government;  it  covers  the  public 
and  state-owned  sectors  and  difierentiates  among  various  job  classifications.  The 
Ministry  of  Employment  and  Social  AfTairs  enforces  minimum  wage  regulations.  The 
official  minimum  wage  is  $380  (1,900  Seychelles  rupees)  per  month.  Trade  unions 
contend  that  government  entities  pay  some  workers  at  less  than  the  legal  minimum. 
Even  with  the  free  pubHc  services  that  are  available,  primarily  health  and  edu- 
cation, independent  labor  unions  dispute  that  a  single  salary  at  the  low  end  of  the 
pay  scale  provides  a  worker  and  family  with  even  a  Spartan  standard  of  living. 

Many  families  deal  with  the  high  cost  of  living  by  earning  two  or  more  incomes, 
although  the  number  of  households  with  two  persons  employed  has  reportedly 
dropped  to  30  percent.  In  recent  years,  there  has  been  a  growing  trend  in  govern- 
ment policy  to  admit  foreign  workers,  primarily  from  India  and  elsewhere  in  Asia, 
to  work  in  the  construction  and  commercial  fishing  sectors.  Although  it  is  difilcult 
to  determine  the  living  and  working  conditions  of  these  workers,  there  is  strong  evi- 
dence that  the  labor  laws  are  routinely  flouted  by  their  employers  with  the  Govern- 
ment's knowledge.  These  workers  are  paid  lower  wages  and  forced  to  work  longer 
hours  than  Seycnellois,  sometimes  with  the  express  consent  of  the  Government. 

The  legal  maximum  workweek  varies  from  45  to  52  hours,  depending  on  the  eco- 
nomic sector,  while  government  employees  work  shorter  hours.  Each  full-time  work- 
er is  entitled  to  a  half-hour  break  per  day  and  a  minimum  of  21  days  of  paid  annual 
leave.  Workers  are  permitted  to  work  overtime  up  to  60  additional  hours  per  month. 
The  Government  generally  enforces  these  ceilings.  Foreign  workers  do  not  enjoy  the 
same  legal  protections. 

The  Government  issued  comprehensive  revised  occupational  health  and  safety 
regulations  in  October  1991.  The  Ministry  of  Employment  and  Social  AfTairs  has  for- 
mal responsibility  for  enforcing  these  regulations;  however,  the  Ministry  of  Health 
seeks  a  role  in  this  area.  An  ILO  team  which  visited  in  early  1995  found  serious 
deficiencies  in  the  management  and  effectiveness  of  government  monitoring  and  en- 
forcement efforts.  Occupational  injuries  are  most  common  in  the  construction,  ma- 
rine, and  port  industries.  A  worker  who  removes  himself  from  a  potentially  dan- 
gerous situation  on  the  job  is  considered  to  have  resigned.  Safety  and  health  inspec- 
tors rarely  visit  job  sites.  In  1994  there  were  4  deaths  and  162  on-the-job  injuries 
officially  reported.  In  1995  there  were  two  deaths  and  57  on-the-job  injuries.  The 
Ministry  had  not  released  later  statistics  by  year's  end. 


SIERRA  LEONE 

Sierra  Leone  is  controlled  by  a  military  junta.  On  May  25,  dissident  junior  officers 
of  the  Republic  of  Sierra  Leone  Military  Forces  (RSLMF)  violently  seized  power 
from   the    14-month-old    democratically   elected    (iovemment   of   President   Ahmed 


298 

Tejan  Kabbah.  The  United  Nations  Security  Council  condemned  the  overthrow  of 
the  government  and  called  upon  the  military  junta  to  restore  the  elected  Govern- 
ment unconditionally.  Major  Johnny  Paul  Koroma,  awaiting  trial  on  charges  stem- 
ming from  a  September  1996  coup  attempt,  was  freed  from  prison  and  named  Chair- 
man of  the  new  Armed  Forces  Kevolutionary  Council  (AFRC).  The  AFRC  imme- 
diately suspended  the  Constitution,  banned  political  parties  and  all  public  dem- 
onstrations and  meetings,  and  announced  that  all  legislation  would  be  made  by  mili- 
tary decree.  Koroma  invited  the  rebel  Revolutionary  United  Front  (RUF)  to  join  the 
AFKC  in  exercising  control  over  the  country.  The  RUF  quickly  took  control  of  the 
military  junta,  although  Koroma  remains  nominal  Chairman  of  the  AFRC.  Rule  is 
arbitrary;  maintenance  of  law  and  order  has  collapsed.  The  judiciary,  like  other  civil 
institutions,  has  effectiveW  ceased  to  function. 

The  Orcanization  of  African  Unity  (OAU)  designated  the  Economic  Organization 
of  West  African  States  (ECOWAS)  to  bring  about  the  restoration  of  the  constitu- 
tional government.  After  ECOWAS  negotiations  with  a  joint  AFRC/RUF  delegation 
failed  to  make  progress  toward  the  restoration  of  the  elected  Government,  ECOWAS 
imposed  regional  sanctions  and  an  embargo  against  the  military  junta.  On  October 
8,  the  United  Nations  Security  Council  imposed  sanctions  prohibiting  the  importa- 
tion of  weapons,  military  materiel,  and  petroleum  as  well  as  international  travel  by 
members  of  the  military  junta.  Dozens  of  civilians  were  killed  in  clashes  between 
AFRC/RUF  forces  and  the  ECOWAS  Monitoring  Group  (ECOMOG)  as  ECOMOG  at- 
tempted to  enforce  the  sanctions.  On  October  23,  AFRC/RUF  and  ECOWAS  delega- 
tions signed  a  peace  plan  calling  for  the  restoration  to  power  of  President  Kabbah 
on  April  22,  1998.  Both  President  Kabbah  and  AFRC  Chairman  Koroma  publicly  en- 
dorsed the  Conakry  Plan.  However,  the  junta  did  not  cooperate  in  attempts  to  refine 
the  details  of  the  peace  plan  and  by  year's  end  had  taken  no  steps  to  implement 
it. 

Before  May  25,  the  RSLMF  was  responsible  for  external  and,  together  with  the 
police,  internal  security,  primarily  against  RUF  attacks.  The  RSLMF  was  supported 
by  Nigerian  and  Guinean  military  contingents  and  by  personnel  working  under  a 
training  and  logistics  contract  with  Executive  Outcomes,  a  private  South  African 
mercenary  firm.  In  compliance  with  the  November  1996  Abicyan  Peace  Agreement, 
President  Kabbah  terminated  the  contract  with  Executive  Outcomes  at  the  end  of 
January.  For  20  months.  Executive  Outcomes  had  played  the  critical  role  in  govern- 
ment efforts  to  protect  major  towns  and  diamond  mining  areas  from  RUF  attacks. 
Groups  of  traditional  hunters  (including  the  Mende  Kamajohs,  Temne  Kapras,  and 
Koranko  Tamaboros)  organized  as  civil  defense  militias,  with  government  support 
defended  their  chiefdoms  from  RUF  attacks  and  RSLMF  looting.  Neither  the 
RSLMF  nor  the  civil  defense  militia  were  fully  under  government  control.  After  May 
25,  the  RUF  joined  with  RSLMF  troops  loyal  to  the  AFRC  junta  and  renamed  itself 
the  People's  Army  of  Sierra  Leone.  RSLMF  forces  loyal  to  the  AFRC  appear  to  func- 
tion separately  from  RUF  troops.  They  also  fought  occasional  battles  against  each 
other.  In  June  the  AFRC  formed  joint  military  and  police  antilooting  squads  and 
gave  them  authority  to  shoot  looters  on  sight. 

Before  the  coup  on  May  25,  government  security  forces  and  the  RUF  committed 
numerous  human  rights  abuses.  After  May  25,  the  scale  of  violence  and  human 
rights  abuses  committed  against  civilians  by  the  AFRC  and  RUF  greatly  increased. 
In  addition  members  of  the  Civil  Defense  Force  allegedly  committed  serious  human 
rights  abuses. 

Sierra  Leone  is  an  extremely  poor  country.  Before  the  civil  war  began  in  1992, 
more  than  70  percent  of  the  4.5  million  citizens  were  involved  in  some  aspect  of  ag- 
riculture, mainly  subsistence  farming.  Although  the  country  has  substantial  mineral 
resources,  including  diamonds,  gold,  rutile,  and  bauxite,  official  receipts  from  legal 
exports  have  been  small  in  recent  years.  For  decades  the  majority  of  diamond  and 
gold  production  has  been  smuggled  abroad.  The  economic  infrastructure  has  nearly 
collapsed  due  to  corruption,  neglect,  and  war-related  disruptions.  The  6-year  RUF 
insurgency  dislocated  more  than  40  percent  of  the  country's  population,  placing  ad- 
ditional burdens  on  Sierra  Leone's  fragile  economy.  According  to  the  United  Na- 
tions, the  average  life  expectancy  is  now  only  34  years.  One  child  out  of  four  dies 
before  the  age  of  5.  The  economic  embargo  imposed  on  the  military  junta  by 
ECOWAS  caused  the  customs  duties  to  dry  up,  depriving  the  AFRC  of  85  percent 
of  its  expected  revenue  fiow. 

Sierra  Leone's  human  rights  record  worsened  significantly  and  is  now  extremely 
poor.  Before  the  May  25  coup,  government  military  forces  committed  serious  human 
rights  abuses,  including  extrajudicial  killings,  beatings,  arbitrary  arrest  and  deten- 
tion, and  illegal  searches.  Under  the  elected  Government  as  well  as  under  the  mili- 
tary regime,  there  were  reports  that  police  abused  suspects  during  arrest  and  inter- 
rogation.  F*rison  conditions  remained  life  threatening.   IVior  to  May  25,   lengthy 


299 

delays  in  trials,  prolonged  pretrial  detentions,  and  violations  of  due  process  were 
problems.  Government  harassment  of  the  press  was  also  a  problem.  Discrimination 
against  ethnic  minorities  persisted,  and  violence  against  women  remained  wide- 
spread, as  was  violence  against  children,  including  female  genital  mutilation  (FGM) 
and  the  use  of  child  soldiers. 

Prior  to  the  coup,  RUF  forces  continued  to  attack  villages  and  ambush  travelers, 
killing,  torturing,  raping,  and  mutilating  civilians.  The  RUF  abducted  children  and 
forced  them  to  commit  atrocities,  including  the  torture  and  murder  of  their  relatives. 
The  RUF  raped  and  sexually  abused  young  girls  and  women  during  attacks. 

After  May  25,  AFRC  and  RUF  forces  committed  numerous,  serious  human  rights 
abuses  including  deliberate  extrajudicial  killings  of  unarmed  civilians,  torture,  muti- 
lation, rape,  beatings,  arbitrary  arrest  and  detention,  and  illegal  searches.  The  mili- 
tary junta  routinely  jailed  antiregime  civic  leaders  and  students  without  judicial 
process;  junta  forces  killed  some  detainees;  amputated  the  arms  of  others;  and  raped 
women  as  punishment  for  their  opposition  to  the  regime.  After  the  coup,  the  court 
system  ceased  to  function.  The  AFRC  announced  that  it  would  replace  the  judiciary 
with  People's  Revolutionary  Courts  manned  by  ordinary  citizens.  There  is  no  evi- 
dence that  these  or  any  other  courts  are  functioning.  The  military  junta  harassed, 
beat,  detained,  and  arrested  journalists. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Before  and  after  the  coup,  govern- 
ment military  forces  and  the  RUF  committed  political  and  extrajudicial  killings.  Sol- 
diers and  RUF  troops  engaged  in  looting,  roobery,  and  extortion  frequently  killed 
civilians.  The  situation  became  much  worse  on  May  25  when  coup  leaders  freed 
hundreds  of  prisoners  from  Pademba  Road  prison  and  gave  them  military  uniforms 
and  weapons.  Freed  prisoners,  AFRC  troops,  and  RUF  forces  engaged  in  looting, 
rape,  and  murder.  Foreign  countries  evacuated  several  thousand  foreign  citizens 
and  tens  of  thousands  of  Sierra  Leoneans  fled  Freetown.  Up  to  100  civilians  were 
killed  in  the  violence  surrounding  the  coup.  Hundreds  more  have  been  murdered 
subsequently  in  both  random  violence  and  political  killings.  In  mid-June,  AFRC  offi- 
cials created  antilooting  squads  including  the  Western  Area  Security  Patrol  and 
gave  them  authority  to  shoot  looters  on  sight.  Antilooting  Decree  Number  Six  pub- 
lished on  November  28,  but  effective  retroactively  to  May  28,  made  looting  punish- 
able by  firing  squad.  AFRC  and  RUF  ofTicials  summarily  executed  at  least  120  sol- 
diers and  civilians  accused  of  looting  and  other  crimes.  Eight  senior  members  of  the 
AFRC  who  looted  the  Iranian  Embassy  on  New  Year's  Eve  were  demoted  or  lightly 
fined. 

Throughout  the  last  half  of  the  year,  there  was  fierce  fighting  between  AFRC/RUF 
forces  and  Kamajohs  in  several  areas  in  the  Southern  and  Eastern  Provinces. 
AFRC/RUF  forces  routinely  summarily  executed  captured  Kamajohs.  AFRC/RUF 
forces  routinely  shot  and  tortured  civilians  and  looted  their  property  while  searching 
for  Kamajohs.  While  the  Kamajohs  usually  turned  AFRC/RUF  prisoners  over  to 
ECOMOG,  a  few  AFRC/RUF  prisoners  were  executed  while  in  Kamajoh  custody. 

At  least  one  person  was  killed  and  another  injured  in  Bo  on  May  27  when  AFRC 
soldiers  shot  at  a  crowd  of  about  5,000  persons  demonstrating  against  the  coup.  The 
demonstration  started  when  large  quantities  of  looted  goods  were  discovered  in  the 
army's  possession. 

At  least  80  people,  including  30  civilians,  were  killed  during  fighting  in  Kenema 
between  RSLMF  troops  and  Kamajohs  during  the  first  weekend  in  May.  Fighting 
started  when  soldiers  shot  at  a  truck  of  Kamajohs,  killing  three,  as  they  drove  past 
the  army  base  at  Kpetema.  At  least  22  people,  including  at  least  6  civilians,  were 
killed  in  fighting  that  started  that  weekend  between  RSLMF  troops  and  Kapras  at 
Camp  Charlie  near  Matotoka. 

On  May  29,  at  Masingbi  in  the  Eastern  Province,  AFRC  soldiers  ambushed  a 
group  of  Kamajohs,  killing  20  of  them.  RUF  forces  firing  automatic  rifies,  grenade 
launchers,  and  mortars  repeatedly  attacked  the  town  of  Moyamba  at  the  end  of 
June.  During  1  attack  they  killed  more  than  10  people,  including  women  and  chil- 
dren. 

In  June  the  Western  Area  Security  Patrol  and  antilooting  squads  in  other  parts 
of  the  country  executed  at  least  two  dozen  people  including  four  soldiers  who  tried 
to  rape  four  nuns  and  loot  their  residence  on  June  11.  Their  bodies  were  dumped 
into  the  sea.  In  other  cases,  armed  robbers  were  hacked  to  pieces  or  decapitated. 
A  teenage  boy  caught  breaking  into  a  house  in  Freetown  on  June  25  was  hacked 
to  death;  his  arms  and  head  were  chopped  off  and  one  testicle  placed  in  his  mouth 
by  the  antilooting  squad. 


300 

On  June  26,  AFRC/RUF  troops  searching  for  Kamajohs  killed  at  least  25  people 
in  Bo  District.  Soldiers  took  Albert  Sandy  Demby,  paramount  chief  of  Baoma 
Chiefdom  and  father  of  Vice  President  Albert  J.E.  Demby,  from  his  home  in 
Gerihun,  Bo  District,  and  shot  him  in  the  stomach,  killing  him.  The  soldiers  then 
attacked  and  burned  the  villages  of  Sembehun  and  Telu  Bongor,  the  home  of  Deputy 
Defense  Minister  Samuel  Hinga  Norman. 

During  an  attack  on  the  town  of  Moyamba  at  the  end  of  June,  RUF  troops  tor- 
tured student  leader  Sheku  Kabbah  in  public  before  killing  him;  they  gouged  out 
his  eyes  and  cut  off  his  ears  before  cutting  his  throat. 

On  July  8,  a  young  woman  was  summarily  executed  by  uniformed  soldiers  in 
Freetown  for  publicly  supporting  President  Kabbah.  Junta  military  officers  executed 
three  soldiers  in  July  in  Kenema  for  looting. 

On  August  12,  AFRC  troops  executed  a  soldier  in  Freetown  after  he  shot  and 
killed  a  mechanic  who  asked  the  soldier  to  pay  for  five  gallons  of  gasoline  that  the 
soldier  had  taken  from  the  gas  station.  An  angry  crowd  chased  the  soldier  to  a  po- 
lice station.  Other  soldiers  rushed  in  and  dragged  him  out,  stripped  off  his  uniform, 
and  shot  him  at  least  five  times. 

On  August  18,  at  least  11  people  were  killed  when  AFRC  forces  attacked  students 
attempting  a  "march  for  democracy"  in  protest  against  the  AFRC.  One  student  from 
Njal a  University  was  chopped  into  pieces  by  the  military  forces.  Many  students  re- 
main missing  and  the  number  killed  may  be  higher.  Many  students  also  were  ar- 
rested arbitrarily  and  tortured(see  Section  I.e.). 

In  August  AFRC  soldiers  beat  and  cut  the  throat  of  paramount  chief  Dessima 
from  the  Dame  chiefdom  near  Kenema.  His  deputy  was  abducted  and  presumed 
killed.  In  late  August,  seven  men  were  arrested  and  taken  to  Cockerill  Military 
Headquarters  after  arriving  at  a  Freetown  wharf  from  Lungi  across  the  river.  Six 
were  shot  after  being  accused  of  involvement  with  FM  98.1  radio  station;  one  later 
was  released. 

On  September  1,  members  of  the  Kamajoh  and  Kapra  militias  beheaded  four  peo- 
ple who  they  suspected  of  being  soldiers  or  AFRC  sympathizers.  The  four  were  trav- 
eling from  Bo  to  Makeni  in  a  commercial  vehicle  that  stopped  at  a  CDF  checkpoint 
at  Gumahun,  25  miles  from  Bo.  After  the  vehicle  was  searched,  the  driver  was  iden- 
tified as  a  retired  soldier  and  arrested.  Two  other  men  in  military  T-shirts  also  were 
arrested,  along  with  the  girlfriend  of  one  of  the  men.  All  four  were  summarily  exe- 
cuted. The  other  passengers  in  the  vehicle  were  allowed  to  continue  their  journey 
to  Makeni. 

Ten  soldiers  were  executed  by  firing  squad  on  October  25.  Military  police  head 
Captain  John  Harleston  said  that  all  10  had  pleaded  guilty  to  murder  charges  dur- 
ing a  1-day  trial.  Other  sources  said  that  two  of  those  executed  had  been  accused 
of  beating  the  girlfriend  of  a  military  ofTicer.  Harleston  said  that  the  executions 
were  meant  to  send  a  signal  to  undisciplined  soldiers  and  to  reassure  the  civilian 
population. 

Nine  passengers  on  a  bus  traveling  between  Kenema  and  Bo  were  killed  on  No- 
vember 2  in  a  clash  between  AFRC  soldiers  and  members  of  the  Kamajoh  militia. 
Sierra  Leone  Road  Transport  Company  officials  said  the  fighting  began  when  sol- 
diers on  the  bus  ignored  an  order  to  disembark  at  a  Kamajoh  roadblock. 

On  December  3,  eight  armed  robbers  were  executed  by  firing  squad  in  a  soccer 
field  in  Koidu  town  in  the  eastern  Kono  District.  A  junta  spokesman  said  that  the 
eight  had  appeared  before  a  1-day  military  tribunal.  One  of  the  eight  persons  exe- 
cuted, Jonathan  Moore,  had  been  serving  a  25-year  sentence  when  ne  was  released 
from  prison  during  the  coup. 

b.  Disappearance. — Thousands  of  civilians  disappeared  following  the  May  25  junta 
takeover.  In  many  cases,  it  is  unclear  whether  the  individuals  were  killed,  captured 
by  AFRC/RUF  forces,  or  whether  they  successfully  fied  the  country.  Some  individ- 
uals subsequently  reappeared  in  refugee  camps  or  in  other  parts  of  the  country.  The 
whereabouts  of  hundreds  of  people  detained  by  junta  officials  since  the  coup  remain 
unknown.  In  most  cases,  family  members  are  too  frightened  of  the  junta  to  inquire 
about  the  location  of  their  missing  relatives. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  the  now  suspended  Constitution  prohibits  torture,  there  were  numerous 
reports  that  government  security  forces  at  times  used  torture.  For  example  in  Janu- 
ary, a  soldier  on  trial  for  treason  for  the  September  1996  plot  to  overthrow  the  gov- 
ernment alleged  that  he  had  been  forced  to  sign  a  confession  under  torture.  Joseph 
Yajah,  a  former  security  officer  at  State  House,  testified  in  court  that  he  was  tor- 
tured at  CID  headquarters  where  deputy  head  Samuel  Soumassa  urged  him  to 
change  his  statement.  Yajah  said  he  was  tied  to  a  chair  in  the  squad  office,  stripped 
naked,  had  ice  water  poured  on  him,  and  was  subjected  to  electric  shocks.  He  said 
police  officers  stuffed  a  cap  in  his  mouth  when  he  screamed.  Yajah  also  testified 


301 

that  a  subinspector  put  out  a  cigarette  on  his  head  and  ordered  other  men  to  scratch 
his  back  with  wire.  The  police  denied  the  allegations. 

In  the  week  of  the  military  takeover,  the  level  of  violence  by  military  and  RUF 
forces  caused  the  exodus  of  hundreds  of  thousands  of  civilians  from  Freetown,  the 
capital,  and  other  population  centers.  Soldiers  and  released  prisoners  engaged  in 
wholesale  looting  oi  private  homes,  businesses,  diplomatic  residences,  international 
organizations,  and  warehouses  of  humanitarian  assistance  organizations.  In  particu- 
lar local  and  foreign  officials  and  businessman  were  targeted  for  looting  and  beat- 
ings. Their  female  family  members  were  targeted  for  rape.  Similar  acts  of  abuse  and 
violence  continued  through  the  end  of  the  year. 

Both  AFRC  and  RUF  forces  used  torture  on  numerous  occasions.  Since  1991  the 
RUF  waged  an  armed  rebellion  marked  by  violent  attacks  against  civilians.  After 
the  RUF  joined  the  AFRC  junta  in  Freetown,  RUF  Sookesman  Eldred  Collins  ad- 
mitted responsibility  for  the  atrocities  committed  in  tne  country's  interior.  He  as- 
serted that  the  RUF  "burned,  looted,  maimed,  and  killed,"  not  because  it  wanted 
to,  but  because  "that  was  the  only  way  we  could  have  uprooted  a  rotten  system." 

A  leader  of  the  AFRC  beat  student  leader  Ansu  Bockarie  and  cut  him  with  a  razor 
blade  in  early  June. 

On  August  18,  AFRC  and  RUF  soldiers  killed  at  least  11  students  during  a  stu- 
dent "march  for  democracy"  against  the  junta  in  Freetown.  A  large  number  of  stu- 
dents and  other  protesters  suffered  severe  injuries  when  AFRC  and  RUF  forces 
breaking  up  the  march  attacked  them  with  machetes  and  bayonets.  Four  had  their 
arms  chopped  oft.  Approximately  20  female  students  were  arrested  and  taken  di- 
rectly to  the  residences  of  AFRC/RUF  leaders  who  sexually  assaulted  them.  Some 
are  still  detained.  One  female  student  remains  missing. 

President  of  the  Civil  Liberties  Congress  Soulaiman  Banja  Tejan-Sie  was  arrested 
on  August  18  and  beaten  with  military  helmets  and  gun  butts.  His  arms  were  tied 
with  rope,  and  he  was  put  in  the  truck  of  a  car  belonging  to  an  AFRC  leader.  After 
several  hours  in  the  car,  he  was  taken  to  Cockerill  Military  Headquarters  where  he 
was  interrogated  and  beaten.  He  was  later  transferred  to  Pademba  Road  prison's 
death  row  and  was  denied  washing  and  sanitary  facilities.  He  was  denied  lood  for 
the  first  3  days  that  he  was  detained.  The  AFRC  released  Tejan-Sie  on  August  28, 
but  kept  him  under  close  surveillance  until  he  fled  the  country  in  early  October. 

In  the  Eastern  Province  near  Tongo,  AFRC  officials  harassed,  intimidated,  and 
tortured  miners  to  find  the  location  of  diamonds.  In  August  a  miner  was  roped  over 
a  fire  in  the  Kono  area  by  a  junta  official  to  make  him  disclose  where  he  had  hidden 
a  recently  found  diamond.  The  miner  surrendered  the  diamond  and  his  tribe  had 
to  pay  AFRC  ofTicials  a  large  ransom  sum  for  his  release. 

RUF  soldiers  tortured  and  killed  numerous  persons  (see  Section  l.a.).  On  October 
2,  three  soldiers  and  one  member  of  the  RUF  attacked  Olu  Jones  at  his  house.  He 
was  tied,  beaten,  and  stabbed  in  both  ears  with  a  bayonet.  In  the  early  morning, 
the  soldiers  took  him  to  Cockerill  Military  Headquarters. 

Refugees  fleeing  Sierra  Ijeone  reported  torture  and  abuse  of  civilians  by  AFRC 
soldiers  and  the  RUF,  particularly  in  the  Mende  areas  in  the  south  and  east  where 
the  AFRC  and  RUF  were  fighting  the  Kamajohs.  AFRC/RUF  soldiers  burned  vil- 
lages suspected  of  supporting  the  Kamajohs.  Civilians  were  beaten  and  tortured. 
Women  and  girls  were  raped,  sexually  tortured,  and  forced  into  sexual  slavery. 

Both  the  AFRC  and  the  RUF  use  rape  as  an  instrument  of  control  and  punish- 
ment. The  military  junta  has  not  taken  steps  to  control  violence  by  soldiers  against 
women  and  often  encourages  it. 

Prison  conditions  remain  life  threatening.  The  quality  of  food  and  medical  care 
was  poor.  In  mid-May,  Pademba  Road  prison  held  60  percent  more  inmates  than 
its  capacity.  The  majority  of  those  were  on  remand  awaiting  trial.  When  the  AFRC 
seized  power  on  May  25,  it  broke  open  the  Pademba  Road  prison  and  freed  all  in- 
mates. By  the  end  of  the  year,  Pademba  Road  prison  was  again  seriously  over- 
crowded with  persons  detained  by  the  AFRC.  Many  detainees  are  held  in  metal 
shipping  containers  at  Cockerill  military  headquarters. 

The  AFRC  junta  occasionally  granted  the  International  Committee  of  the  Red 
Cross  (ICRC)  and  Prison  Watch  limited  access  to  prisoners,  many  of  whom  were  offi- 
cials in  the  previous  government,  journalists,  or  student  protesters.  In  August  Pris- 
on Watch  reported  that  most  detainees  in  Pademba  Road  prison  were  brutalized  and 
beaten  during  arrest  and  interrogation,  and  none  had  been  formally  charged  or  had 
access  to  legal  counsel. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  AFRC  junta  suspended  the  Constitu- 
tion and  gave  itself  far-reaching  powers  of  detention.  Any  person  can  be  arrested 
"in  the  interest  of  public  safety."  There  are  no  safeguards  against  arbitrary  arrest 
or  indefinite  detention  without  charge  or  trial.  Members  of  the  elected  Government 
and  people  associated  with  it,  members  of  the  Sierra  I^eone  People's  Party  (SLPP), 


302 

journalists,  students,  and  human  rights  activists  have  been  arbitrarily  arrested  and 
detained  without  charge  in  what  the  junta  calls  "military  safe  custody."  Police  and 
military  officials  arrest  without  warrant  and  detain  indefinitely  any  person  they 
suspected  of  posing  a  threat  to  military  rule.  With  the  collapse  of  the  rule  of  law, 
all  civilians  are  at  risk  of  arbitrary  arrest  and  detention. 

Several  hundred  detainees  are  being  held  at  Pademba  Road  prison,  Cockerill  mili- 
tary headquarters,  Criminal  Investigation  Department  (CID)  headquarters,  and  po- 
lice stations  or  military  installations  throughout  the  country.  While  some  detainees 
have  been  released  after  a  short  time,  others  have  been  held  for  weeks  or  months. 
Many  have  been  beaten  or  tortured  (see  Section  I.e.).  Most  detainees  who  are  re- 
leased go  into  hiding  or  flee  from  the  country. 

In  the  days  immediately  following  the  coup,  several  members  of  President 
Kabbah's  cabinet  and  other  senior  government  and  military  officers  were  detained 
at  Cockerill  military  headquarters.  Soldiers  conducted  house-to-house  searches  for 
others.  Most  of  these  detainees  were  released  after  a  few  days.  On  June  16,  at  least 
eight  senior  military  officers  and  seven  civilians  associated  with  the  SLPP  were  ar- 
rested and  accused  of  conspiring  to  overthrow  the  AFRC.  None  was  charged  with 
a  crime;  however,  they  were  not  allowed  visitors.  Most  were  released  within  several 
weeks. 

Hundreds  of  people  have  been  detained  and  beaten  by  junta  troops  searching  for 
the  transmitter  of  a  clandestine,  prodemocracy  radio  station  that  began  broadcast- 
ing in  July. 

More  than  120  people  were  arrested  on  August  18  and  19  as  the  National  Union 
of  Sierra  Leone  Students  (NUSS)  attempted  to  hold  a  "march  for  democracy"  in  pro- 
test against  the  AFRC.  Eighty-six  students  were  taken  to  Pademba  Road  prison 
where  they  were  held  for  12  days  before  release.  Another  35  students  were  taken 
to  Cockerill  military  headquarters.  Others  were  taken  to  CID  headquarters  and 
about  20  women  were  taken  directly  to  the  residences  of  junta  leaders.  In  October 
the  junta  admitted  that  it  was  still  holding  37  students;  many  more,  including  some 
women,  remained  missing. 

On  Sieptember  16,  People's  Army  troops  attacked  the  town  of  Bonthe,  on  Sherbro 
Island,  searching  for  a  Kamajoh  training  center.  The  soldiers  arrested  60  civilians 
suspected  of  sympathizing  with  the  Kamajohs  and  took  them  to  Moyamba  for  ques- 
tioning. It  is  not  clear  what  happened  to  them  afterwards. 

On  October  13,  the  junta  arrested  eight  people,  including  the  elected  Govern- 
ment's Deputy  Minister  of  Marine  Resources  Mamoud  Sesay,  newspaper  editor 
Prince  Akpu,  and  Temne  tribal  chief  Alhaji  King  Naimbana  for  "involvement  in  sub- 
versive activities."  At  the  time  the  junta  admitted  to  holding  another  33  detainees 
it  described  as  "prodemocracy  activists." 

On  November  26,  the  AFRC  arrested  Chief  A.B.  Tomboyeke  in  Baoma  Chiefdom, 
Bo  District  while  searching  for  Kamajohs. 

Prior  to  the  coup,  on  March  29  RUF  forces  abducted  several  of  its  own  members 
at  Nongowa  in  Kailahun  District  in  the  Eastern  Province.  Two  of  those  abducted, 
Fayia  Musa  and  Ibrahim  Deen-Jalloh,  had  been  appointed  as  RUF  representatives 
to  the  Commission  for  the  Consolidation  of  Peace  established  by  the  Abidjan  Peace 
Accord,  which  was  signed  by  the  Government  and  the  RUF  in  November  1996.  In 
April  they  were  reported  to  be  on  trial  in  an  RUF  people's  court  for  plotting  to  over- 
throw RUF  leader  Foday  Sankoh.  The  captives'  condition  was  uncertain  at  year's 
end. 

The  junta  refused  to  allow  several  prominent  businessmen,  government  officials, 
and  journalists  to  leave  the  country.  Because  of  the  violence  surrounding  the  coup 
and  the  RUF's  reputation  for  brutality,  hundreds  of  thousands  of  Sierra  Leoneans 
fled  the  country  fearing  for  their  lives.  Many  more  left  later  after  being  targeted 
by  the  junta.  FVesident  Kabbah  and  members  of  his  government  are  among  those 
now  in  exile  in  Guinea. 

The  junta  does  not  practice  forced  exile;  however,  thousands  have  fled  for  their 
own  safety. 

e.  Denial  of  Fair  Public  Trial. — The  suspended  Constitution  included  provisions 
for  an  independent  judiciary.  Virtually  all  magistrates  have  fled  the  country;  several 
were  beaten,  and  some  were  raped  by  prisoners  released  from  prison  during  the 
coup.  The  court  system  has  not  functioned  since  May  25.  The  AFRC  announced  that 
it  would  replace  the  judiciary  with  People's  Revolutionary  Courts  manned  by  ordi- 
nary citizens,  but  there  is  no  evidence  that  these  or  any  other  courts  are  function- 
ing. 

T.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
AFRC  monitored  actions  by  citizens  to  prevent  them  from  acting  in  a  manner  it 
deemed  prejudicial  to  its  continuation  in  power  and  to  control  association  or  commu- 
nication with  other  persons.  The  junta  erected  roadblocks  to  control  movement  and 


303 

conducted  surveillance  of  the  homes  of  people  it  perceives  as  opponents.  Telephones 
and  mail  are  monitored  by  the  military  junta.  There  were  numerous  occasions  of 
abusive  treatment  of  citizens  by  soldiers  and  police  throughout  the  country,  includ- 
ing forced  entry  into  homes,  robberies,  and  assaults.  Many  of  these  abuses  were 
sanctioned  by  or  committed  by  high-ranking  members  of  the  iunta.  Joint  military 
and  police  Antilooting  Squads  freauently  executed  soldiers  caugnt  looting  homes. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  in  Internal  Con- 
flicts.— The  RUF  fighting  against  three  successive  governments  resulted  in  an  esti- 
mated 20,000  deaths  since  1991.  More  than  one-third  of  Sierra  Leone's  4.5  million 
citizens  are  displaced  internally  or  are  living  as  refugees  in  neighboring  countries 
because  of  insecurity  and  violence  stemming  from  the  civil  war  and  the  AFRC/RUF 
takeover.  After  taking  power,  junta  forces  seized  food  aid  destined  for  displaced  per- 
sons and  refugees,  and  looted  the  headquarters  and  warehouses  of  international  aid 
organizations,  making  humanitarian  relief  difficult.  The  AFRC  also  planted  land 
mines  around  ECOMOG  installations  and  at  other  strategic  sites  in  an  attempt  to 
hinder  their  efforts  to  restore  the  constitutional  government. 

There  were  many  serious  violations  of  humanitarian  law  throughout  the  country 
before  as  well  as  after  the  military  takeover.  Military  and  RUF  forces  committed 
summary  executions  of  prisoners  and  killings,  torture,  rape,  and  mutilation  of  civil- 
ians. Traditional  hunter  societies  (including  the  Mende  Kamajohs,  Temne  Kapras, 
and  Koranko  Tamaboros)  organized  as  civil  defense  militias  and  sought  to  protect 
their  chiefdoms  from  both  RUF  attacks  and  militaiy  looters.  At  times  they  executed 
military  or  RUF  forces  that  they  had  captured.  Hundreds  of  civilians  were  killed 
in  fighting  between  military  and  RUF  troops  and  the  civil  defense  forces. 

Despite  the  Abidjan  Peace  Agreement  signed  in  November  1996,  and  a  cease-fire 
in  effect,  RUF  rebels  and  elements  of  the  government  security  forces  continued  to 
attack  villages  and  ambush  vehicles.  RUF  forces  continued  to  abduct  villagers  and 
force  them  into  involuntary  servitude,  making  them  serve  as  porters,  sexual  slaves, 
human  shields,  and  fighters,  among  other  abuses.  Civilians  were  murdered, 
maimed,  tortured,  and  raped  in  these  attacks.  In  some  cases,  perpetrators  could  not 
be  identified;  however,  it  is  generally  believed  that  RUF  forces,  military  personnel, 
and  ordinary  thieves,  committed  attacks  on  civilians.  Even  in  the  instances  where 
perpetrators  could  be  identified,  the  Government  took  no  action  against  them. 

In  early  May,  the  RUF  resumed  targeting  international  organizations.  On  May  7 
several  miles  from  Makeni,  RUF  gunmen  attacked  two  United  Nations  vehicles  with 
machine  gun  fire.  The  driver  of  one  vehicle  was  killed  and  another  U.N.  employee 
was  injured.  The  next  day  two  more  humanitarian  aid  workers  were  injured  when 
the  RUF  attacked  two  World  Food  Program  vehicles  on  the  Makeni-Lunsar  road. 

Beginning  on  May  9,  forces  generally  believed  to  belong  to  the  RUF  began  a  cam- 
paign of  attacks  against  villages  in  the  Northern  province.  Armed  groups  in  both 
military  uniforms  and  civilian  clothes  attacked  at  least  10  villages  with  sticks,  ma- 
chetes, guns,  and  rocket  propelled  gi'enades.  The  attacks  caused  8,000  people  to  seek 
refuge  in  the  Northern  province  capital  of  Makeni  and  thousands  more  to  flee  to 
Guinea.  In  the  attack  on  Kalangba  village,  more  than  a  dozen  people  were  killed 
and  87  houses  burned.  In  Gbandembu  village,  the  clinic  and  124  of  130  houses  were 
burned.  Scores  of  people  whose  hands  and  feet  had  been  cut  off  by  rebel  forces 
sought  medical  attention  in  Makeni.  Many  people  were  also  abducted  in  these  at- 
tacks. On  May  14,  these  forces,  including  many  young  boys,  captured  the  northern 
town  of  Kamakwie,  leaving  dozens  of  corpses  lying  in  the  streets.  They  destroyed 
the  hospital,  dispensary,  and  pharmacy,  and  burned  more  than  60  houses.  In  sepa- 
rate attacks  in  mid-May,  the  RUF  killed  more  than  100  people  in  the  eastern  towns 
of  Kalihun  and  Bomaru. 

On  the  morning  of  June  2,  after  the  junta  broke  off  negotiations  with  the  inter- 
national community,  a  Nigerian  warship  shelled  AFRC/I-iUF  military  installations 
in  the  western  end  of  Freetown  for  several  hours.  In  response  150  RUF  soldiers  at- 
tacked and  then  set  fire  to  the  Mammy  Yoko  Hotel  where  some  600  foreigners  were 
awaiting  evacuation  and  where  ECOMOG  forces  and  Nigerian  negotiators  had  set 
up  their  headquarters.  At  least  one  person  at  the  hotel  died  in  the  attack  and  six 
were  injured,  including  five  Nigerian  soldiers  guarding  the  hotel.  Later  that  day 
RUF  troops  also  attacked  the  Bintumani  hotel.  At  least  62  civilians  were  killed  and 
more  injured  by  the  RUF'-fired  rocket-propelled  grenades  and  Nigerian  shells  that 
fell  into  residential  areas. 

In  late  June,  virtually  the  entire  population  of  Magburka  fled  60  miles  to  Makeni 
after  RUF  troops  entered  the  town  ana  began  harassing  civilians. 

On  September  16,  AFRC  and  RUF  troops  searching  lor  a  Kamajoh  training  center 
attacked  the  town  of  Bonthe  on  Sherbro  Island,  looting  and  destroying  much  of  the 
town.  At  least  34  Kamajohs  were  killed.  Sixty  civilians  were  arrested  and  taken 
away  for  questioning. 


304 

In  fighting  during  October,  AFRC  and  RUF  supporters  looted  and  burned  homes 
of  President  Kabban's  family  and  supporters  of  the  elected  Gk)vemment,  including 
the  homes  of  Chairman  of  the  Commission  for  Consolidation  of  the  Peace  Desmond 
Luke,  Minister  of  Works  Emmanuel  O.  Grant,  and  Deputy  Minister  in  the  Vice 
President's  Office  Theresa  Koroma.  At  least  seven  villages  in  Baoma  chiefdom.  Bo 
District  were  abandoned  in  late  October  after  AFRC/RUF  troops  burned  the  houses 
and  stole  the  rice  crop. 

On  November  26,  AFRC  soldiers  burned  13  houses  in  the  villages  of  Pelewahun 
Ngiyeibu  and  Gerihun  in  Bo  district  while  searching  for  Kamajohs. 

On  December  3,  Kamajohs  seized  a  Sierra  Leone  Red  Cross  truck  delivering  relief 
food  to  Moyamba.  They  reportedly  manhandled  the  Red  Cross  staff  and  told  them 
that  in  the  future,  they  should  receive  all  relief  supplies  for  distribution. 

On  December  9  and  10,  AFRC  and  RUF  forces  launched  attacks  on  Kamajoh 
strongholds  in  of  Joru  and  Gorahun  villages  in  Kenema  District  and  Sonoshun, 
Fairo  and  Dia  villages  in  Pujehun  District.  The  villages  were  attacked  by  an  AFRC 
helicopter  gunship,  artillery,  and  rocket  propelled  grenades.  AFRC  and  KtJF  troops 
looted  the  villages,  set  fire  to  houses  and  rice  farms,  and  raped  several  women. 
Similar  AFRC/RUF  attacks  on  Kamajoh  strongholds  throughout  the  eastern  and 
southeastern  parts  of  the  country  continued  through  the  end  of  the  year  with  signifi- 
cant fighting  along  the  border  with  Liberia. 

ECOMOG  artillery  and  rocket  attacks  killed  numerous  civilians.  In  June  a  Nige- 
rian warship  shelled  AFRC/RUF  installations  in  FVeetown  for  several  hours.  At 
least  150  civilians  were  killed  and  more  were  wounded  during  fighting  that  started 
on  July  12  between  AFRC/RUF  and  ECOMOG  forces  at  the  ECOMOG  bases  at 
Lungi  Airport,  Hastings  Airfield,  Jui,  and  Kossoh  near  Freetown.  Junta  forces  at- 
tacked the  ECOMOG  bases  and  nearby  towns  seeking  a  new  clandestine  radio  sta- 
tion that  had  recently  broadcast  a  speech  by  President  Kabbah. 

About  15  civilians  were  killed  in  fighting  that  began  when  AFRC  and  RUF  forces 
attacked  the  ECOMOG  base  at  Lungi  Airport  on  August  13.  Most  of  the  civilians 
were  killed  when  ECOMOG  troops  tried  to  shell  the  attacking  AFRC/RUF  troops. 
A  senior  AFRC  ofTicial  said  the  junta  would  continue  to  harass  ECOMOG  troops 
until  they  left  the  airport. 

Twenty -one  civilians  were  killed  and  many  more  wounded  during  heavy  fighting 
that  broke  out  on  September  4  when  ECOMOG  troops  at  Lungi  Airport  launched 
artillery  and  air  attacks  against  two  container  ships  docking  at  Queen  Elizabeth 
Quay  in  violation  of  the  ECOWAS  embargo.  There  were  reports  that  some  of  the 
ECOMOG  shells  fell  in  residential  areas.  Most  of  the  civilian  casualties  were  at 
Marbela  Market.  It  is  not  clear  whether  the  market  was  hit  by  an  ECOMOG  shell 
or  by  antiaircraft  rounds  fired  from  AFRC  positions  at  Fourah  Bay  College  on 
Mount  Aureol. 

On  September  5,  ECOMOG  Force  Commander  Major  General  Victor  Malu  issued 
a  "final  warning"  that  ECOMOG  would  attack  any  ships  violating  the  ECOWAS  em- 
bargo. The  next  day  a  Nigerian  Alpha  jet  dropped  bombs  into  the  water  near  a 
Ukrainian  cargo  ship  Seaway  as  it  unloaded  in  violation  of  the  embargo.  Three 
paramilitary  policemen  and  a  port  official  were  seriously  injured.  The  following  day, 
another  Nigerian  aircraft  dropped  two  bombs  on  the  ship.  No  injures  were  reported 
in  the  second  attack.  General  Malu  claimed  that,  in  addition  to  rice,  the  ship  had 
been  discharging  arms  and  anununition  for  the  junta.  In  the  following  days,  AFRC 
officials  reportedly  smuggled  much  of  the  rice  into  Guinea  and  sold  it  for  their  per- 
sonal gain. 

Hundreds  of  people  died  in  2  weeks  of  heavy  fighting  that  started  on  October  8 
between  AFRC/RUF  troops  and  ECOMOG  forces.  Hostilities  began  when  an  AFRC 
helicopter  gunship  fired  at  an  ECOMOG  helicopter  ferrying  supplies  between 
ECOMOG  bases.  In  retaliation  a  Nigerian  Alpha  jet  fired  rockets  at,  and  dropped 
bombs  on,  the  AFRC  helicopter  after  it  had  returned  to  its  base  at  Cockerill  Military 
Headquarters.  The  AFRC  reported  that  four  soldiers  and  two  civilians  were  killed 
in  the  attack  on  Cockerill.  AFRC  and  RUF  troops  then  attacked  ECOMOG  positions 
at  Lungi  Airport,  Kossoh  Town,  and  Jui.  Dozens  of  civilians  were  killed  by  artillery 
fired  by  both  sides.  The  fighting  spread  as  AFRC/RUF  troops  attacked  Nigerian 
ECOMOG  contingents  at  Bo  and  Kenema.  AFRC  military  trucks  patrolled  Free- 
town, arresting  soldiers  who  had  gone  AWOL  and  refused  to  fight  against  ECOMOG 
troops,  and  forcibly  impressed  others  into  service.  On  October  16,  at  least  14  civil- 
ians were  killed  in  the  eastern  outskirts  of  Freetown  by  ECOMOG  artillery  fired 
from  Lungi  Airport  at  AFRC/RUF  troops  attacking  ECOMOG  forces  at  Jui  and 
Kossoh  Town.  Eight  civilians  were  killed  and  20  injured  the  same  day  when  a  bomb 
dropped  by  a  Nigerian  Alpha  jet  exploded  in  a  market  at  Kissy.  The  Alpha  jets  also 
targeted  junta  radio  and  television  transmitters.  The  AFRC  placed  antiaircraft  guns 
in  residential  areas.  Shells  fired  by  these  guns  frequently  lell  in  residential  areas. 


305 

On  December  11,  AFRC  forces  at  Daru  barracks  in  Kailahun  District  fired  on  a 
Nigerian  Alpha  jet.  The  jet  dropped  two  bombs  that  killed  several  people  in  the 
nearby  village  of  Benduma. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  suspended  Constitution  provided  for  free- 
dom of  speech  ana  of  the  press.  In  practice,  nowever,  prior  to  May  25  the  Kabbah 
Government  detained  some  journalists  without  charge  and  chargea  some  with  sedi- 
tion, libel,  and  contempt  of  Parliament  for  their  coverage  of  alleged  government  cor- 
ruption, the  civil  war,  and  human  rights  issues.  The  elected  Kabbali  Government's 
frequent  use  of  criminal  libel  and  sedition  charges  encouraged  self-censorship.  Impo- 
sition of  heavy  fines  financially  crippled  some  members  oi  the  private  press.  Forty- 
six  newspapers  circulated  while  the  elected  Government  was  in  power.  On  May  14, 
Parliament  passed  the  Media  Practitioner  Act,  designed  to  drastically  curtail  the 
numbers  of  journalists  and  newspapers.  The  law  required  all  journalists  to  have  an 
academic  degree  in  journalism  and  to  register  with  the  authorities  every  year,  edi- 
tors are  required  to  have  10  years  professional  experience.  About  80  percent  of  the 
country's  journalists  could  not  meet  these  criteria;  if  enforced,  the  law  would  pre- 
vent them  from  working  as  journalists. 

Shortly  after  the  coup,  tne  AFRC  harshly  criticized  the  Media  Practitioner  Act 
and  asserted  that  press  freedom  would  be  unrestricted.  However,  journalists,  like 
other  critics  of  the  junta,  quickly  became  targets  for  harassment  and  intimidation. 
Dozens  of  journalists  fied  the  country  in  fear  of  the  military  junta.  In  September 
following  publication  of  a  story  in  the  Standard  Times  that  revealed  discord  among 
members  of  the  AFRC  Supreme  Council,  the  junta  announced  that  newspapers  were 
required  to  obtain  permission  before  publishing.  At  year's  end,  only  about  six  news- 
papers remained,  all  operating  at  the  discretion  of  the  AFRC  Minister  of  Informa- 
tion. Under  the  electee!  Government  five  radio  stations  operated  in  Freetown  and 
one  in  the  provincial  city  of  Bo.  After  May  25,  the  only  regularly  operating  broadcast 
media  were  government  radio  and  television  stations  tightly  controlled  by  the  mili- 
tary junta  and  the  clandestine  station  FM  98.1  operatea  by  the  elected  Government 
in  exile.  The  AFRC/RUF  junta  took  severe  measures  attempting  to  close  FM  98.1, 
including  torturing  people  who  might  know  its  location  and  electronically  jamming 
its  broadcasts.  Many  oi  the  journalists  who  remained  in  Sierra  I^eone  after  May  25 
were  harassed,  detained,  arrested,  and  beaten  by  the  military  junta  for  reporting 
perceived  to  be  critical  of  the  AFRC  or  the  RUF. 

Under  the  elected  Government,  Punch  newspaper  correspondent  Pat  Kawa  was 
arrested  on  January  24  on  defamation  charges  after  reporting  allegations  of  finan- 
cial improprieties  by  government  officials.  The  case  was  dismissed  in  court  on 
March  3.  Footprints  magazine  publisher  Harry  Evans  was  arrested  on  March  6  and 
held  without  cnarge  for  a  week  after  publishing  an  article  alleging  that  the  Minister 
of  Presidential  Affairs  had  imported  50  automobiles  without  paying  customs  taxes. 
Footprints  editor  Mohammed  Karim  and  staff  writer  Njai  Kanthba  also  were  ar- 
rested and  held  for  3  days  on  spurious  charges  of  drug  possession.  Three  journalists 
from  Expo  Times  newspaper  were  arrested  without  charge  on  March  19  following 
publication  of  an  article  entitled  "Abacha's  Wild  West  Gangsterism,"  about  the  de- 
tention of  RUF  leader  Foday  Sankoh  by  the  Nigerian  government.  They  later  were 
charged  with  spying  and  possession  of  a  secret  military  document  and  were  released 
on  bail  after  2  weeks. 

On  May  27,  AFRC  military  personnel  looted  the  Concord  Times  newspaper  offices. 
Fearing  for  their  safety,  the  newspaper's  staff  went  into  hiding.  On  June  4,  two 
armed  men  searching  for  a  Kabban  Government  minister  broke  into  the  home  of 
Standard  Times  newspaper  managing  editor  Phillip  Neville.  When  he  denied  shel- 
tering the  official,  Neville  was  beaten.  On  June  9,  Sky  FM  talk  show  host  Ojukutu 
Macaulay  went  into  hiding  after  a  group  of  AFRC  soldiers  threatened  to  kill  him 
for  speaking  against  the  military  takeover.  Following  a  June  11  story  in  For  Di  Peo- 
ple newspaper  about  travel  to  Libya  by  an  AFRC  delegation,  the  junta  warned  jour- 
nalists to  seek  clarification  from  AFRC  headauarters  before  publishing  sensitive  se- 
curity information.  For  Di  People  subsequently  closed  after  receiving  verbal  threats 
from  AFRC  officials.  In  mid-June  British  Broadcasting  Corooration  (BBC)  stringer 
Sylvester  Rogers  went  into  hiding  after  learning  that  AFRC;  soldiers  were  trying  to 
locate  him.  On  October  2,  AFRC  Spokesman  AHieu  Kamara  admitted  that  security 

{>ersonnel  had  taken  Rogers  into  "safe  restriction"  after  Rogers  had  attempted  to 
eave  the  country  without  a  police  permit. 

On  July  8,  The  Point  newspaper  managing  editor  Budu  Hayes  was  arrested  at 
his  home  and  detained  at  AFRC  military  headquarters  until  the  following  day.  The 
soldiers  who  arrested  Hayes  alleged  that  he  was  harboring  people  fighting  against 
the  revolution.  Also  on  July  8,  Tne  Democrat  newspaper  reporter  Saloman  Conteh 


306 

and  freelance  correspondent  Jeff  Bowlay  Williams  were  arrested  at  Democrat  offices 
by  20  soldiers  and  interrogated  at  AFRC  military  headquarters.  They  then  were 
transferred  to  Pademba  Road  prison  and  held  11  days  without  charge.  The  Demo- 
crat stopped  publication  when  they  were  arrested.  Business  Vision  reporter  Martins 
I.  Martins  was  arrested  on  July  19  and  detained  at  AFRC  military  headquarters  for 
2  days  on  suspicion  that  he  had  communicated  with  President  Kabbah.  When  he 
returned  to  his  home,  he  discovered  that  it  had  been  looted.  On  July  26,  AFRC  sol- 
diers arrested  Unity  Now  editors  Dominick  Lamine  and  Sahr  Mbayoh  and  con- 
fiscated the  newspaper's  computers.  AFRC  officials  claimed  that  the  newspaper  had 
subversive  materials.  The  two  editors  were  had  incommunicado  and  released  several 
days  later.  AFRC  soldiers  continued  to  search  for  the  newspaper's  editor-in-chief 
Frank  Kposowa,  who  went  into  hiding  to  avoid  arrest.  On  July  26,  Kenema-based 
BBC  stringer  Suliman  Momodu  also  went  into  hiding  after  learning  that  he  was 
being  sought  by  AFRC  soldiers.  On  July  28,  AFRC  soldiers  arrested  New  Tablet  pro- 
duction manager  Suliman  Janger  and  seized  900  copies  of  the  newspaper.  Soldiers 
also  arrested  five  newspaper  vendors.  New  Tablet  editor  Gibril  Foday  Musa  went 
into  hiding  to  avoid  arrest.  On  July  30,  AFRC  soldiers  seized  1,500  copies  of  the 
Standard  Times  at  the  newspapers  offices.  The  soldiers  were  searching  lor  manag- 
ing editor  Philip  Neville  who  had  gone  into  hiding  after  receiving  threatening  phone 
calls  for  articles  critical  of  the  AFRC. 

On  August  18,  AFRC  soldiers  arrested  Voice  of  America  correspondent  Kelvin 
Lewis,  Sky  FM  talk  show  host  Ojukutu  Macaulay,  and  their  driver  as  they  were  on 
their  way  to  cover  a  student  demonstration  against  the  junta.  Soldiers  beat  them 
with  machetes  and  gun  butts  and  threatened  to  kill  them.  They  were  detained  over- 
night in  a  metal  shipping  container  at  AFRC  Cockerill  military  headquarters  but 
released  the  next  day. 

On  September  1,  BBC  stringer  Prince  Brimah  was  ordered  detained  by  AFRC  Sec- 
retary of  State  for  the  Southern  province.  Major  Augustine  Kamara,  who  reportedly 
was  displeased  by  his  report  about  the  execution  of  four  persons  at  a  CDF  roadblock 
on  the  road  between  Bo  and  Makeni  (see  Section  l.g.).  Kamara  ordered  Brimah 
taken  to  a  police  station  where  he  was  detained  for  4  hours  in  a  cell  full  of  feces 
and  then  released.  On  the  morning  of  September  20,  several  people  who  had  gath- 
ered at  the  Mende  Central  Mosque  in  Freetown  were  beaten  by  security  forces  seek- 
ing information  about  the  FM  98. 1  radio  station. 

In  early  October,  Concord  Times  acting  editor  Foday  Fofana  and  the  acting  sec- 
retary of  the  Sierra  Leone  Association  of  Journalists  (SLAJ)  Fallah  Ensa-Ndemah 
went  into  hiding  after  receiving  information  that  they  were  to  be  arrested  on  sub- 
version charges  stemming  from  the  SLAJ's  denunciation  of  the  AFRC  junta  and  its 
control  of  the  press.  Freelance  journalist  Donald  Davis  was  arrested  on  October  8 
and  detained  in  Pademba  Road  prison.  Freelance  journalist  Abdul  Salam  Timbo  was 
arrested  on  subversion  charges  on  October  10  and  is  being  held  incommunicado.  On 
October  10,  a  truckload  of  solders  arrested  Punch  newspaper  Editor  David 
Tambaryoh  at  his  residence.  He  was  held  for  3  days  on  subversion  charges  stem- 
ming from  his  alleged  contact  with  legitimate  Sierra  Leone  government  officials. 
Armed  men  searching  for  Tambaryoh's  personal  property  looted  his  sister-in-law's 
home  and  twice  rapea  her  and  her  daughter.  After  his  release,  Tambaryoh  went  into 
hiding.  Umaru  Fofana,  a  freelance  correspondent  for  The  Vision  newspaper  and  the 
BBC  was  shot  in  the  leg  and  physically  abused  on  October  11  by  junta  forces  who 
claimed  that  he  was  reporting  for  FM  98.1.  He  was  released  later  that  day.  Demo- 
crat newspaper  acting  editor  John  Foray  and  freelance  journalist  Abdul  Kpowsa 
were  beaten  by  junta  forces  and  detained  without  charge  on  October  11.  AFRC  sol- 
diers arrested  For  Di  People  editor  Paul  Kamara  on  October  16  and  took  him  to 
Pademba  Road  prison.  The  soldiers  smashed  and  looted  the  office,  and  confiscated 
the  newspaper's  computers  and  Kamara's  car.  The  soldiers  gave  no  reason  for 
Kamara's  arrest. 

On  November  13,  the  AFRC  temporarily  suspended  the  Standard  Times  and  de- 
tained several  of  its  reporters  after  it  printed  a  story  suggesting  that  the  AFRC/RUF 
junta  was  involved  in  a  plot  with  Liberian  President  Charles  Taylor  to  overthrow 
the  Government  of  Guinea.  The  suspension  was  lifted  a  week  later  after  the  news- 

Baper  retracted  the  story.  On  November  21,  the  AFRC  temporally  suspended  The 
democrat  after  it  reported  a  burglary  at  the  British  High  Commissioner's  offices 
and  home  by  seven  uniformed  men.  It  also  subsequently  retracted  this  story. 

On  November  22,  police  arrested  Standard  Times  editor  Ibrahim  Karim  Sei,  The 
Democrat  editor  Pious  Foray,  and  Concord  Times  acting  editor  Dorothy  Awonoor- 
Gordon,  and  four  other  journalists.  A  police  spokesman  said  that  all  three  news- 
papers had  carried  "dubious  articles"  that  threatened  to  undermine  the  security  of 
the  State.  The  seven  journalists  were  detained  for  a  week  without  charges.  The  Con- 


307 

cord  Times  also  had  published  an  article  disclosing  the  delivery  of  lubricating  oil 
to  the  Freetown  power  plant,  in  violation  of  U.N.  Security  Council  sanctions. 

On  December  16,  journalist  Vandi  Kallon  was  detained  and  brutally  beaten  by 
AFRC  officials  who  accused  him  of  passing  information  to  radio  station  FM  98.1  and 
ECOMOG.  There  was  no  information  on  his  circumstances  at  year's  end. 

The  elected  Government  respected  academic  freedom.  All  schools  and  universities 
were  closed  after  May  25  as  both  teachers  and  students  stayed  away  in  protest 
against  the  AFRC's  seizure  of  power. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  suspended  Constitution 
provided  for  freedom  of  assembly;  however,  at  times  the  elected  Government  limited 
this  right.  The  elected  Government  permitted  many  street  demonstrations. 

In  February,  however,  police  and  armed  forces  personnel  killed  two  persons  and 
injured  20  others  in  breaking  up  a  riot  by  several  hundred  youths  against  the  postal 
service.  The  police  fired  tear  gas  and  started  shooting  after  rioters  hurled  stones  at 
them.  One  of  the  dead  men  was  shot  in  the  chest  as  he  emerged  from  an  Ash 
Wednesday  mass  at  Sacred  Heart  Cathedral  near  the  post  office  where  the  riot  was 
taking  place.  President  Kabbah  criticized  the  police  for  using  excessive  force  in  dis- 
persing the  rioters. 

On  March  11,  police  fired  tear  gas  to  disperse  hundreds  of  students  at  the  Parade 
Grounds  soccer  field  in  Freetown.  The  National  Union  of  Sierra  Leone  Students 
(NUSS)  had  called  the  meeting  to  plan  protests  against  the  Government's  decision 
to  give  retirement  benefits  to  lormer  President  Major-General  Joseph  Momoh.  The 
police  refused  to  issue  a  permit  for  the  meeting,  claiming  that  security  could  not 
be  ensured,  and  suggesting  that  the  students  meet  instead  on  college  campuses. 

On  March  14,  police  attacked  2,000  students  attempting  to  meet  in  an  open  park. 
Before  NUSS  Secretary-General  Abdulai  Bayrajrtay  was  to  address  the  crowd,  50 
riot  policemen  disrupted  the  meeting  to  arrest  him  and  other  student  leaders.  When 
students  attempted  to  prevent  the  leaders'  arrests,  the  police  attempted  to  disperse 
the  crowd  with  tear  gas  and  batons,  injuring  at  least  15  persons.  Several  more  stu- 
dents were  detained  by  the  police.  A  government  statement  said  that  police  had 
been  ordered  "to  take  appropriate  but  reasonable  action  to  prevent  a  student  group 
meeting  anywhere  throughout  Sierra  Leone."  It  said  that  the  students  could  hold 
meetings  on  any  of  the  college  campuses,  but  not  elsewhere. 

After  May  25,  the  military  junta  restricted  freedom  of  assembly  and  banned  pub- 
lic demonstrations  and  meetings. 

At  least  one  person  was  killed  and  another  injured  in  Bo  on  May  27  when  AFRC 
soldiers  shot  at  a  crowd  of  about  5,000  people  demonstrating  against  the  coup.  The 
demonstration  started  when  large  quantities  of  looted  goods  were  discovered  in  the 
army's  jxissession.  Nearly  all  the  shops  in  Bo  and  an  Action  Contre  La  Faim  ware- 
house were  looted  2  days  earlier  when  the  junta  released  all  the  inmates  at  the  Bo 
prison. 

The  military  junta  violently  broke  up  a  student  march  in  Freetown  on  August  18. 
Using  assault  weapons  and  machetes,  AFRC/RUF  soldiers  killed  at  least  11  stu- 
dents and  maimed  many  others  with  machetes  and  bayonets.  Soldiers  shooting  rock- 
et-propelled grenades  and  automatic  weapons  set  up  roadblocks  and  searched  the 
streets,  making  arrests  whereever  a  group  had  gathered.  AFRC/RUF  forces  chased 
students  into  Connaught  hospital  and  assaulted  patients  as  they  searched  for  stu- 
dents. Students  and  citizens  narboring  students  were  severely  beaten  when  found 
and  detained  in  the  Pademba  Road  prison. 

Also  on  August  18,  combined  operation  by  AFRC  and  RUF'  troops  and  State  Secu- 
rity Division  police  armed  with  automatic  weapons,  rocket-propelled  grenades,  and 
antiaircraft  guns  broke  up  a  student  demonstration  in  the  Southern  province  capital 
of  Bo.  After  marching  for  a  short  distance,  the  students  were  confronted  by  the  secu- 
rity forces,  who  dispersed  them  with  tear  gas. 

The  suspended  Constitution  provided  for  the  right  to  form  political,  economic,  so- 
cial, and  professional  organizations,  and  the  elected  Government  respected  this  pro- 
vision in  practice. 

The  AFRC  junta  restricted  freedom  of  association  and  outlawed  political  parties 
and  activities. 

c.  Freedom  of  Religion. — The  suspended  Constitution  provided  for  freedom  of  reli- 
gion. The  Kabbah  Government  respected  this  right  in  practice.  Most  religious  insti- 
tutions have  continued  to  operate  under  the  junta.  However,  due  to  security  con- 
cerns, most  foreign  missionaries  left  the  country.  On  August  17,  AFRC  security 
forces  detained  Secretary  General  of  the  Council  of  Churches  in  Sierra  Leone 
(CCSL)  Alimamy  Kokomah  at  his  church  and  ordered  him  to  cancel  an  interreli- 
gious  worship  service  scheduled  for  Freetown's  national  stadium.  Security  officers 
turned  back  people  who  attempted  to  reach  the  stadium  that  evening.  The  AFRC 


308 

also  denied  a  CCSL  request  that  it  be  allowed  to  host  some  form  of  worship  service 
at  its  headquarters,  alleging  the  possibility  of  infiltration. 

d.  Freedom  of  Movement  within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  military  junta  tightly  controls  travel  within  the  country.  Most  poli- 
ticians, government  officials,  and  businessmen  left  the  country  immediately  after 
the  coup.  Many  prominent  persons  were  given  safe  haven  through  international 
evacuation  efforts  following  the  coup.  Numerous  checkpoints  manned  by  AFRC/RUF 
soldiers  make  travel  difficult.  The  junta  refused  to  allow  several  prominent  busi- 
nessman, government  oflicials,  and  journalists  to  leave  the  country.  The  junta  se- 
verely restricts  internal  travel  and  emigration. 

Approximately  1.4  million  of  Sierra  Leone's  4.5  million  citizens  are  displaced  with- 
in the  country.  An  estimated  238,000  Sierra  Leoneans  are  refugees  in  Guinea  and 
Liberia,  including  as  many  as  40,000  who  fled  to  Guinea  and  25,000  to  Liberia  fol- 
lowing the  coup.  Several  thousand  more  have  sought  refuge  in  The  Gambia,  Cote 
dlvoire,  Guinea-Bissau,  and  Mali.  Many  middle  class  Sierra  Leoneans  fled  to  Eu- 
rope, Great  Britain,  and  the  United  States. 

Prior  to  the  coup,  the  Government  cooperated  with  the  office  of  the  United  Na- 
tions High  Commissioner  for  Refugees  (UNHCR)  and  other  humanitarian  organiza- 
tions in  assisting  refugees.  Several  hundred  thousand  refugees  and  displaced  per- 
sons returned  to  their  homes  in  the  months  following  the  November  1996  signing 
of  the  Abidjan  Accord.  Many  of  these  returnees  were  forced  to  flee  their  homes  again 
after  the  May  25  coup.  Sierra  Leone  had  provided  asylum  to  17,000  Liberians;  sev- 
eral thousand  of  these  refugees  fled  following  the  coup,  but  5,500  Liberian  refugees 
remained  in  the  Freetown  area,  awaiting  safe  passage  to  Liberia.  After  the  evacu- 
ation of  United  Nations  personnel  in  early  June,  they  were  assisted  by  the  ICRC. 

There  is  no  formal  process  for  granting  political  asylum. 

Prior  to  the  coup,  there  were  no  reports  of  forced  return  of  persons  to  a  country 
in  which  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  right  to  change  their  government.  On  May  25,  a  military 
junta  seized  power  from  the  civilian  government  which  was  chosen  in  free  and  fair 
elections.  The  AFRC  suspended  the  Constitution,  banned  political  parties,  and  an- 
nounced that  all  legislation  would  be  made  by  military  decree.  The  military  junta 
routinely  threatened,  harassed,  imprisoned,  tortured,  and  killed  citizens  who  sought 
to  challenge  the  military's  seizure  of  power.  The  junta  has  not  negotiated  in  good 
faith  with  the  Committee  of  Five  (C-5)  foreign  ministers  appointed  by  ECOWAS  to 
bring  about  the  return  of  the  Kabbah  Government  and  the  restoration  of  constitu- 
tional order.  Parliament  has  not  functioned  since  the  military  takeover.  Many  civil 
servants  refuse  to  report  to  work  until  constitutional  order  is  restored. 

There  is  1  woman  in  the  34  member  AFRC  Supreme  Council  and  1  woman  in  the 
20  member  Cabinet. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Under  the  elected  Government,  several  local  human  rights  organizations  operated 
including  a  local  chapter  of  Amnesty  International,  the  Civil  Liberties  Congress, 
Prison  Watch,  the  National  Commission  for  Democracy  and  Human  Rights,  and  the 
Society  for  Advancement  of  Civil  Rights.  Most  members  of  these  groups  fled  to 
Conakry,  Guinea,  from  where  they  report  on  violations  of  human  rights  in  Sierra 
Leone.  Those  who  have  stayed  in  Sierra  Leone  have  to  restrict  their  activities  se- 
verely for  their  own  safety. 

On  August  17,  soldiers  seeking  Civil  Liberties  Congress  President  Soulaiman 
Banja  Tejan-Sie  arrested  and  beat  three  people  closely  associated  with  him.  He  was 
arrested  the  next  day  and  taken  to  Cockerill  military  headquarters  where  he  was 
tortured.  He  was  then  forced  at  gunpoint  to  appear  on  national  television  and  to 
call  upon  students  to  cancel  the  march  for  democracy"  planned  for  that  day.  He 
was  detained  without  charge  at  Pademba  Road  prison  for  11  days  and  then  placed 
under  close  surveillance  until  he  fled  the  country  in  October. 

The  junta  allowed  ICRC  and  Prison  Watch  to  visit  the  Pademba  Road  prison  at 
least  through  October. 

Section  5.  Discrimination  Based  on  Race.  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 
The  suspended  Constitution  prohibited  discrimination  against  women  and  pro- 
vided for  protection  on  the  basis  of  race  and  ethnicity,  except  for  the  prohibition 
against  citizenship  for  {jersons  with  a  non-African  father.  This  provision  effectively 


309 

blocks  citizenship  and  political  participation  of  those  of  Lebanese  descent,  and  other 
persons  with  non-African  fathers. 

Women. — Violence  against  women,  especially  wife  beating,  is  common.  Police  are 
unlikely  to  intervene  in  domestic  disputes  except  in  cases  of  severe  injury  or  death. 
Sierra  Leone  does  not  recognize  domestic  violence  against  women  as  a  societal  prob- 
lem, and  neither  the  elected  Government  nor  the  AFRC  junta  gave  it  high-level  at- 
tention. Rape  is  a  recognized  societal  problem  and  is  punishable  by  up  to  14  years' 
imprisonment.  The  elected  Government  enforced  this  law;  however,  the  AFRC  and 
the  RUF  use  rape  for  both  control  and  punishment. 

The  suspended  Constitution  provided  for  equal  rights  for  women,  but  in  practice 
women  face  both  legal  and  societal  discrimination.  Their  rights  and  status  under 
traditional  law  vary  significantly,  depending  upon  the  ethnic  group  to  which  they 
belong.  The  Temne  and  Limba  tribes  of  the  north  afford  greater  rights  to  women 
to  inherit  property  than  does  the  Mende  tribe,  which  gives  preference  to  male  heirs 
and  unmarried  daughters.  However,  in  the  Temne  tribe,  women  cannot  become 
paramount  chiefs.  In  the  south,  the  Mende  tribe  has  a  number  of  female  paramount 
chiefs. 

Women  do  not  have  equal  access  to  education,  economic  opportunities,  health  fa- 
cilities, or  social  freedoms.  In  rural  areas,  women  perform  much  of  the  subsistence 
farming,  all  of  the  child  rearing,  and  have  little  opportunity  for  education.  The  aver- 
age educational  level  for  women  is  markedly  below  that  of  men;  only  6  percent  are 
literate.  At  the  university  level,  men  predominate.  Due  to  the  military  takeover,  ef- 
forts by  local  NGO's  to  educate  women  on  their  civil  rights  and  civic  responsibilities 
have  been  suspended. 

Children. — Infant  and  child  mortality  is  very  high.  In  1995  one  child  in  four  died 
before  the  age  of  5  and  one-third  of  children  under  the  age  of  5  were  underweight. 

As  many  as  a  few  thousand  RUF  fighters  are  child  soldiers  who  are  as  young  as 
8  years  of  age.  They  often  are  smaller  physically  than  the  rifles  they  carry.  Ab- 
ducted bv  the  RUF  from  their  villages,  brutalized,  and  used  to  transport  supplies, 
the  children  eventually  become  fighters.  The  armed  forces  also  took  boys  off  the 
streets  of  Freetown  to  expand  its  forces.  The  armed  forces  provided  little  or  no  train- 
ing to  the  boys.  This  undisciplined  and  unsupervised  group  committed  many  atroc- 
ities. After  the  coup,  parents  began  to  ask  the  traditional  hunter  societies  to  initiate 
their  young  male  children  to  protect  them  from  abduction  and  forcible  recruitment 
by  the  RUF.  Human  rights  groups  believe  that  a  large  number  of  the  children  ab- 
ducted into  the  various  armed  forces,  or  otherwise  traumatized  by  the  war  as  civil- 
ians, experience  serious  psychological  problems. 

In  late  February,  RSLMF  soldiers  and  Kamajohs  cooperating  in  a  government  op- 
eration rescued  several  hundred  war  orphans,  most  from  9  to  15  years  of  age,  living 
in  the  forests  in  Kailahun  and  Kenema  districts.  Most  of  the  children  Hed  to  the 
forests  after  RUF  rebels  attacked  and  destroyed  their  villages  4  years  earlier. 

Occasional  instances  of  ritual  murders  of  boys  and  girls,  as  well  as  adults,  associ- 
ated with  illegal  secret  societies,  have  been  reported  in  the  past.  There  were  no  re- 
ported cases  during  the  year. 

Female  genital  mutilation  (FGM),  which  is  condemned  by  international  health  ex- 
perts as  damaging  to  both  physical  and  psychological  health,  is  widely  practiced  on 
young  women  and  girls,  especially  in  traditional  ethnic  groups  and  among  the  less- 
educated.  While  UNICEF  estimates  the  percentage  of  females  who  have  undergone 
this  procedure  may  be  as  high  as  90  percent,  local  groups  believe  this  figure  is  over- 
stated. 

In  January  the  women's  Bondo  society  initiated  approximately  600  young  women 
in  the  Grafton  displaced  persons  camp  near  Freetown  in  a  ceremony  that  included 
FGM.  About  100  girls  required  medical  treatment  for  complications  including  bleed- 
ing and  serious  infections  caused  by  the  multiple  use  of  unclean  knives  or  glass  used 
in  the  procedure.  An  active  press  campaign  by  secret  societies  countered  the  well- 
publicized  international  effort  against  FGM.  The  28-year-  old  woman  abducted  in 
1996  by  a  secret  society  and  subjected  to  F'GM  eventually  found  a  lawyer  to  take 
her  case,  but  now  there  are  no  functioning  courts.  On  July  2,  AFRC  Chairman  John- 
ny Paul  Koroma  told  the  executive  council  of  the  Bondo  Society  that  he  supports 
FGM  and  other  traditional  practices  and  that  after  the  coup  they  could  now  perform 
these  rites  without  hindrance. 

People  with  Disabilities. — Questions  of  public  facility  access  and  discrimination 
acainst  the  disabled  have  not  become  public  policy  issues.  No  laws  mandate  acces- 
sibility to  buildings  or  provide  for  other  assistance  for  the  disabled.  While  there  does 
not  appear  to  be  outright  discrimination  against  the  disabled  in  housing  or  edu- 
cation, with  the  high  rate  of  unemployment,  few  disabled  persons  work  in  offices 
or  factories. 


310 

Many  citizens  sufTered  debilitating  injuries  during  the  war.  Many  had  limbs  cut 
off  by  KUF  fighters.  A  few  NGO's  have  provided  prostheses,  but  the  vast  majority 
of  victims  remain  without  assistance  of  any  kind. 

National  I  Racial  I  Ethnic  Minorities. — Ethnic  loyalty  remains  an  important  factor 
in  government,  the  military,  and  business.  Complaints  of  corruption  within  ethnic 
groups  and  ethnic  discrimination  in  government  appointments,  contracts,  military 
commissions,  and  promotions  are  common. 

Residents  of  non-African  descent  face  institutionalized  political  restrictions.  The 
Constitution  restricts  citizenship  to  persons  of  patrilineal  Negro-African  descent. 
This  constitutional  restriction  enectively  denies  citizenship  to  many  long-time  resi- 
dents, notably  the  Lebanese  community. 

The  Lebanese  community  was  targeted  for  looting  by  military  and  RUF  forces 
during  the  AFRC  takeover.  Nigerian  citizens  were  also  targeted  by  the  junta  for 
harassment,  arrest,  and  detention  because  of  the  dominant  role  played  by  Nigerian 
troops  in  the  ECOMOG  forces  enforcing  the  U.N.  and  ECOWAS  sanctions.  RUF 
members  killed  two  Nigerian  citizens  on  September  9  in  apparent  retaliation  for 
ECOMOG  attacks  against  ships  violating  the  ECOWAS  embargo.  In  early  Septem- 
ber, at  least  20  Nigerian  citizens  were  accused  of  spying  for  ECOMOG,  arrested, 
and  held  at  Cockerill  military  headquarters.  Another  six  Nigerians  were  arrested 
in  mid-September  as  they  traveled  from  Freetown  to  the  interior  of  the  country.  The 
reason  for  their  arrest  is  unknown. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Under  the  elected  Government,  the  now  suspended 
Constitution  provided  for  the  right  of  association.  All  workers,  including  civil  serv- 
ants, had  the  right  to  join  trade  unions  of  their  choice.  Unions  were  independent 
of  the  government.  All  labor  unions  had  by  custom  joined  the  Sierra  Leone  Labor 
Congress  (SLLC),  but  membership  was  voluntary.  There  was  no  legal  prohibition 
against  SLLC  leadership  holding  political  office,  and  leaders  have  held  both  elected 
and  appointed  government  positions. 

The  Trade  Union  Act  provides  that  any  five  persons  may  form  a  trade  union  by 
applying  to  the  Registrar  of  Trade  Unions,  who  has  statutory  powers  under  the  act 
to  approve  the  creation  of  trade  unions.  The  Registrar  may  reject  applications  for 
several  reasons,  including  an  insufilcient  number  of  members,  proposed  representa- 
tion in  an  industry  already  serviced  by  an  existing  union,  or  incomplete  documenta- 
tion. If  the  Registrar  rejects  an  application,  his  decision  may  be  appealed  in  the  or- 
dinary courts,  out  applicants  seldom  take  such  action.  Approximately  60  percent  of 
workers  in  urban  areas,  including  government  employees,  are  unionized,  but  unions 
have  had  little  success  in  organizing  workers  in  the  agricultural  and  mining  sectors. 

Under  the  elected  Government,  unions  had  the  right  to  strike  without  exception, 
but  the  Government  could  require  21  days'  notice.  Although  union  members  may  be 
fired  for  participating  in  even  a  lawful  strike,  no  such  incidents  were  reported. 
Unions  were  free  to  form  federations  and  confederations  and  to  affiliate  internation- 
ally. The  SLLC  is  a  member  of  the  International  Confederation  of  Free  Trade 
Unions,  and  the  elected  Government  placed  no  restrictions  on  international  travel 
or  contacts  of  trade  unionists. 

Following  the  coup  most  businesses  shut  down  and  school  teachers  and  many 
other  public  servants  refused  to  return  to  work  until  the  elected  Government  was 
restored.  Leaders  of  the  SLLC  defied  a  junta  demand  that  SLLC  order  all  its  mem- 
bers back  to  work.  At  year's  end,  most  businesses  and  government  offices  and  all 
schools  remained  closed  as  employees  continued  to  refuse  to  return  to  work,  despite 
warnings  by  the  AFRC  that  those  who  did  not  return  to  work  would  be  fired. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  legal  framework  for  col- 
lective bargaining  is  the  Regulation  of  Wages  and  Industrial  Relations  Act.  Collec- 
tive bargaining  must  take  place  in  trade  group  negotiating  councils,  each  of  which 
has  an  equal  number  of  employer  and  worker  representatives.  Most  enterprises  are 
covered  by  collective  bargaining  agreements  on  wages  and  working  conditions.  The 
SLLC  provides  assistance  to  unions  in  preparation  for  negotiations.  In  case  of  a 
deadlock,  the  Government  may  intervene.  It  has  not,  however,  used  decrees  to  pre- 
vent strikes. 

No  law  prohibits  retribution  against  strikers.  Should  an  employee  be  fired  for 
union  activities,  the  individual  may  file  a  complaint  with  a  labor  tribunal  and  seek 
reinstatement.  Complaints  of  discrimination  against  unions  are  made  to  an  arbitra- 
tion tribunal.  Individual  trade  unions  investigate  alleged  violations  of  work  condi- 
tions to  try  to  ensure  that  employers  take  the  necessary  steps  to  correct  abuses. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  suspended  Constitution  pro- 
hibited forced  and  bonded  labor,  includfing  that  by  children.  However,  under  the 


311 

Chicfdom's  Council  Act,  compulsory  labor  may  be  imposed  by  individual  chiefs,  re- 
quiring members  of  their  villages  to  contribute  to  the  improvement  of  common 
areas.  This  practice  exists  only  in  rural  areas.  There  is  no  penalty  for  noncompli- 
ance. 

The  elected  Government  did  not  require  compulsorv  labor.  However,  an  old  decree 
recfuires  that  homeowners,  businessmen,   ana  vendors  clean   and  maintain  their 

§  remises.  Failure  to  comply  is  punishable  by  fine  or  imprisonment.  The  last  Satur- 
ay  of  each  month  is  declared  a  National  Cleaning  Day.  There  have  been  reports 
of  security  forces  publicly  humiliating  citizens  to  ensure  compliance. 

The  AFRC  forcibly  impressed  teenage  boys  into  military  service.  The  RUF  fre- 
quently abducted  villagers,  including  children,  during  its  attacks  and  forced  the 
abductees  into  involuntary  servitude  as  laborers  for  the  RUF.  Many  of  the  children 
eventually  became  fighters  for  the  RUF.  This  continued  even  after  the  RUF  joined 
the  AFRC  junta. 

d.  Status  of  Child  Labor  Practices  and  Minimum  A§e  for  Employment. — The  mini- 
mum age  for  employment  is  officially  18  years,  but  m  practice  there  is  no  enforce- 
ment because  there  is  no  government  entity  specifically  charged  with  this  task. 
Children  routinely  assist  in  family  businesses,  especially  those  of  vendors  and  petty 
traders.  In  rural  areas,  children  work  seasonally  on  family  subsistence  farms. 

Because  the  adult  unemployment  rate  is  high  (an  estimated  70  percent  in  some 
areas),  few  children  are  involved  in  the  industrial  sector.  There  have  been  reports 
that  young  children  have  been  hired  by  foreign  employers  to  work  as  domestics 
overseas  at  extremely  low  wages  and  in  poor  conditions.  The  Department  of  Foreign 
Affairs  and  International  Cooperation  is  responsible  for  reviewing  overseas  work  ap- 
plications to  see  that  no  one  under  the  age  of  14  is  employed  for  this  purpose  and 
to  enforce  certain  wage  standards. 

The  suspended  Constitution  prohibited  forced  and  bonded  labor,  including  that  bv 
children;  however,  there  was  some  compulsory  labor  in  rural  areas  (see  Section  6.c.). 
The  AFRC  forcibly  impressed  teenage  boys  into  military  service. 

e.  Acceptable  Conditions  of  Work. — There  is  no  minimum  wage.  Purchasing  power 
declined  drastically  as  incomes  dropped  and  inflation  rose  to  40  percent.  Most  work- 
ers have  to  pool  incomes  with  their  extended  families  and  engage  in  subsistence  food 
production  to  maintain  a  minimum  standard  of  living.  The  Government's  suggested 
standard  workweek  is  38  hours,  but  most  workweeks  for  the  few  people  who  have 
jobs  exceed  38  hours.  The  Government  sets  health  and  safety  standards,  but  the 
standards  are  outmoded  and  often  not  enforced.  The  Health  and  Safety  Division  of 
the  Department  of  Labor  has  inspection  and  enforcement  responsibility,  but  the  lack 
of  funcfing  and  transportation  limit  its  effectiveness. 

Health  and  safety  regulations  are  included  in  collective  bargaining  agreements, 
but  there  is  no  evidence  of  systematic  enforcement  of  those  health  ana  safety  stand- 
ards. Trade  unions  provide  the  only  protection  for  workers  who  file  complaints  about 
working  conditions.  Initially,  a  union  makes  a  formal  complaint  about  a  hazardous 
work  condition.  If  this  is  rejected,  the  union  may  issue  a  21 -day  strike  notice.  If 
workers  remove  themselves  from  dangerous  work  situations  without  making  a  for- 
mal complaint,  they  risk  being  fired. 


SOMALIA 

Somalia  has  been  without  a  central  government  since  its  last  president,  dictator 
Mohamed  Siad  Barre,  fled  the  country  in  1991.  Subsequent  fighting  among  rival  fac- 
tion leaders  resulted  in  the  killing,  dislocation,  and  starvation  of  thousands  of  Soma- 
lis  and  led  the  United  Nations  to  intervene  militarily  in  1992. 

Serious  fighting  among  rival  clans  continued  in  Mogadishu,  in  the  region  outside 
of  Baidoa,  and  in  the  area  around  Kismayo.  The  violence  had  a  minimal  effect  on 
the  balance  of  power  between  the  various  factions.  Mogadishu  faction  leaders  Ali 
Mahei,  Hussein  Aideed,  and  Osman  Atto  signed  peace  accords  to  prevent  combat  be- 
tween the  rival  factions,  but  disagreements  remained  about  how  to  govern  the  cap- 
ital area.  Leading  Somalis  launched  several  serious  efforts  to  advance  the  reconcili- 
ation process.  The  leaders  of  over  two  dozen  groups  formed  the  National  Salvation 
Council  (NSC)  in  January  in  an  attempt  to  establish  a  national  government.  This 
group  did  not  include  Hussein  Aideed.  Until  December,  the  group  had  failed  to 
agree  on  the  future  governance  of  the  country.  In  a  conference  in  Cairo,  Egypt  in 
December,  all  parties  except  two  signed  the  so-called  "Cairo  Declaration."  The  Dec- 
laration provides  for  a  13-person  Council  of  Presidents,  a  prime  minister,  and  a  na- 
tional assembly.  A  National  Reconciliation  Conference  in  early  1998  in  Baidoa  is 
scheduled  to  negotiate  further  details,  including  appointments. 


312 

The  NSC's  executive  committee,  a  five-member  body  that  included  the  major  fac- 
tion leaders,  organised  a  national  reconciliation  conference  in  Bosasso  in  November; 
however,  it  did  not  lead  to  concrete  results.  Various  intermediaries,  including  the 
Arab  League,  the  Organization  of  the  Islamic  conference,  the  United  Nations,  the 
Organization  of  African  Unity,  and  the  Intergovernmental  Authority  on  Develop- 
ment (IGAD)  sought  to  promote  reconciliation,  with  little  success. 

In  the  northwest,  the  separatist  "Republic  of  Somaliland"  (Somaliland)  established 
a  Constitution  and  a  Parliament  and  conducted  democratic  elections.  The 
Somaliland  authorities  refused  to  participate  in  the  national  reconciliation  con- 
ference. It  continued  to  proclaim  its  independence  but  did  not  receive  international 
recognition.  The  absence  of  a  central  government  prompted  the  continued  establish- 
ment of  rudimentary  local  administrations,  most  of  which  are  based  on  the  author- 
ity of  the  predominant  clan  and  faction  in  the  area.  Local  authority  remained  con- 
tested, however,  in  the  Kismayo  area,  parts  of  the  northwest,  and  in  Mogadishu.  Ju- 
dicial structures  are  dependent  on  the  predominant  local  clans  and  factions  for  their 
authority. 

Clan  and  factional  militias,  in  some  cases  supplemented  by  local  police  forces  es- 
tablished with  U.N.  help  in  the  early  1990's,  continued  to  function  with  varying  de- 
grees of  effectiveness.  Police  and  militias  committed  numerous  human  rights  abuses. 

While  the  country  is  desperately  poor,  the  economy  continued  to  improve  in  1997. 
Relative  peace  in  much  of  the  country,  leading  to  the  rising  level  of  commercial  ac- 
tivity, contributed  to  this  recovery.  Livestock  and  fruit  exports  continued  to  revive, 
although  exports  remained  disrupted  by  the  closure  of  Mogadishu  seaport  through- 
out the  year.  Somalia  remains  a  chronic  food  deficit  country,  however,  and  some  of 
the  most  fertile  agricultural  regions  suffered  from  drought,  serious  fiooding,  or  both. 
In  November  floods  caused  by  torrential  rains  left  as  many  as  250,000  homeless  in 
the  south.  Weather-related  problems  and  the  lack  of  employment  opportunities  led 
to  some  malnutrition  in  Mogadishu  and  other  communities.  International  relief  ef- 
forts were  hampered  by  political  insecurity. 

Human  rights  abuses  continued.  Many  civilian  citizens  were  killed  in  factional 
fighting,  especially  among  the  Hussein  Aideed,  Osman  Atto,  AJi  Madhi,  and  Musa 
Sude  factions  in  the  Mogadishu,  Baidoa,  and  Kismayo  areas.  Numerous  persons 
were  killed  in  interclan  fighting  in  the  Baidoa  and  Kismayo  areas.  Key  human 
rights  problems  remained  the  lack  of  political  rights  in  the  absence  of  a  central  au- 
thority, the  reliance  of  some  communities  on  harsh  Shari'a  punishments,  including 
amputations  and  stoning,  harsh  prison  conditions,  societal  discrimination  against 
women,  and  the  mistreatment  of  women  and  children,  including  the  nearly  univer- 
sal practice  of  female  genital  mutilation  (FGM).  There  is  no  effective  system  for  the 
protection  of  worker  rights. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Political  violence  and  banditry  have 
been  endemic  since  the  1991  revolt  against  Siad  Barre,  who  fied  the  country.  Since 
the  revolt,  tens  of  thousands  of  citizens,  mostly  noncombatants,  have  been  killed  in 
interfactional  and  interclan  fighting  (see  Section  l.g.). 

Politically  motivated  extrajudicial  killings  continued,  although  there  were  fewer 
killings  than  in  1996.  For  example,  in  March  the  Aideed  faction  abducted  and  killed 
a  prisoner  held  for  a  criminal  offense  in  a  South  Mogadishu  prison  under  the  fac- 
tion's control;  the  killing  was  reportedly  in  revenge.  On  June  20  of  a  Portuguese  doc- 
tor working  in  Baidoa  with  a  French  nongovernmental  organization  (NGO)  was 
killed.  The  chief  suspect  reportedly  was  seeking  revenge  for  the  death  of  his  brother, 
who  had  been  in  the  doctor's  care.  The  lack  of  an  efiective  response  to  this  killing 
by  local  officials  prompted  relief  organizations  to  leave  Baidoa. 

b.  Disappearance. — There  were  no  known  reports  of  unresolved  politically  moti- 
vated disappearances,  although  cases  might  easily  have  been  concealed  among  the 
thousands  of  returning  refugees,  displaced  persons,  and  war  dead.  Kidnaping  re- 
mained a  problem  in  many  areas,  particularly  for  relief  workers  and  critics  of  fac- 
tion leaders  (see  Section  l.d.). 

Filters  of  the  Wasangeli  subclan  kidnaped  five  U.N.  and  European  Union  aid 
workers  in  the  northwest  in  November,  apparently  in  retaliation  for  the  seizure  of 
a  Palestinian  businessman  by  a  rival  subclan,  the  Marjeteen.  They  later  released 
the  Palestinian  citizen  and  the  aid  workers  unharmed. 

No  politically  related  kidnapings  have  taken  place  in  the  northwest  since  the 
spring  of  1996. 


313 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
There  were  no  reports  of  the  use  of  torture  by  warring  militiamen  against  each 
other  or  against  civiHans.  Many  incidents  involving  torture  are  probably  unreported. 

In  North  Mogadishu,  parts  of  South  Mogadishu,  the  Middle  Shabelle,  ana  parts 
of  the  Gedo  and  Hiran  regions,  Shari'a  courts  regularly  sentenced  convicted  thieves 
to  public  lashings  and,  far  less  frequently,  to  the  amputation  of  their  hands  (see  Sec- 
tion i.e.).  The  North  Mogadishu  Shari'a  (Islamic)  court  was  effectively  inoperative 
by  year's  end. 

ftison  conditions  varied  by  region  but  were  life  threatening  in  some  facilities. 
Conditions  at  the  North  Mogadishu  prison  of  the  Shari'a  court  system  grew  so  harsh 
that  prison  officials  released  all  but  a  handful  of  the  inmates.  In  Bosasso,  10  pris- 
oners died  after  spending  a  night  in  an  overcrowded,  overheated  cell;  20  others  were 
hospitalized.  In  many  areas,  prisoners  are  able  to  receive  food  from  family  members 
or  from  relief  agencies. 

The  International  Committee  of  the  Red  Cross  (ICRC)  delegates  were  permitted 
to  visit  prisoners  in  some  parts  of  the  country,  as  were  Western  diplomats. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — In  the  absence  of  constitutional  or  other 
legal  protections,  Somali  factions  and  armed  bandits  continued  to  engage  in  arbi- 
trary detention.  Most  incidents  were  the  result  of  disputes  among  and  within  clans, 
political  disagreements,  and  the  requirements  of  military  security.  Among  the  most 
serious  incidents  were  the  February  16-19  occupation  of  an  NGO's  hospital  in 
Bosasso  and  the  brief  detention  in  early  July  of  World  Food  Program  stafT  in 
Mogadishu.  In  August  the  Al'Ittihad  faction  arrested  several  U.N.  officials  in  Gedo. 
Each  incident  was  resolved  peacefully,  generally  after  the  intervention  of  local  clan 
elders. 

None  of  the  factions  used  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — There  is  no  national  judicial  system. 

Some  regions  have  established  local  courts  that  depend  on  the  predominant  local 
clan  and  associated  faction  for  their  authority. 

The  judiciary  in  most  regions  relies  on  some  combination  of  traditional  and  cus- 
tomary justice,  Shari'a  law,  and  the  pre-1991  penal  code.  Shari'a  courts  continued 
to  operate  in  several  regions,  partially  filling  the  vacuum  created  by  the  absence  of 
normal  government  authority.  Shari'a  courts  traditionally  ruled  in  cases  of  civil  and 
family  law,  but  their  jurisdiction  was  extended  to  criminal  proceedings  in  some  re- 
gions beginning  in  1994.  In  Bosasso  and  Afmedow,  for  example,  authorities  surren- 
der criminals  to  the  families  of  their  victims,  who  exact  blood  compensation  in  keep- 
ing with  Somali  tradition.  In  November  the  U.N.  in  Kismayo  reportedly  turned  over 
to  victims'  clans  a  group  of  guards  accused  of  indiscriminate  firing  into  a  crowd.  The 
guards  were  given  a  choice  of  execution  or  paying  compensation  to  the  families.  The 
case  was  unresolved  at  year's  end. 

In  the  northwest,  the  Republic  of  Somaliland  adopted  a  new  constitution  based 
on  democratic  principles.  Some  district  and  regional  courts,  as  well  as  a  "supreme 
court"  in  Hargeisa,  are  functioning.  In  Bardera,  courts  apply  a  combination  of  Is- 
lamic Shari'a  law  and  the  pre-1991  penal  code. 

In  North  Mogadishu,  a  segment  of  South  Mogadishu,  the  Middle  Shabelle,  and 

fiarts  of  the  Gedo  and  Hiran  regions,  court  decisions  are  based  solely  on  Shari'a  law. 
n  those  areas  and  parts  of  Gedo  and  Hiran  regions,  where  Shari'a  culture  is  par- 
ticularly entrenched,  harsh  punishments — including  amputations  and  stoning — are 
meted  out  for  certain  offenses.  With  the  decline  in  Shari'a  court  influence,  these 
practices  diminished  during  the  year.  Armed  confiicts  between  Islamic  radicals  and 
other  citizens  also  caused  many  deaths  in  Gedo  region.  This  conflict  largely  ended 
after  the  rebel  troops  were  forced  out  of  Gedo. 

The  right  to  representation  by  an  attorney  and  the  right  of  appeal  do  not  exist 
in  those  areas  applying  traditional  and  customary  judicial  practices  or  Shari'a  law. 
These  rights  are  more  often  respected  in  regions  that  continue  to  apply  the  pre- 
1991  penal  code  and  in  Somaliland.  However,  Somali  human  rights  organizations 
note  that  proceedings  in  the  North  Mogadishu  Shari'a  court  o.ften  contravene  the 
norms  of  Shari'a  law.  In  one  serious  incident  at  the  end  of  spring,  the  court  denied 
basic  rights,  including  the  right  to  counsel  and  to  face  witnesses,  to  a  group  sus- 
pected of  plundering  a  local  marketplace.  Public  protest  led  to  the  postponement  of 
the  planned  mass  trial,  but  the  suspects  remain  in  custody. 

There  were  no  reports  that  the  various  factions  held  identifiable  political  pris- 
oners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — Looting 
and  forced  entry  into  private  property  continued  but  at  levels  again  reduced  from 
previous  years,  when  large  numbers  of  marauding  militiamen  first  occupied  many 
urban  properties.  ITie  marauders  continued  to  control  most  such  properties  at  year's 
end.  Control  of  properties  that  were  forcibly  occupied  during  militia  campaigns  in 


314 

1992-1993,  notably  in  Mogadishu  and  the  Lower  Shabelle,  remains  a  problem  in  na- 
tional reconciliation  efTorts. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  in  Internal  Con- 
flicts.— Warring  factions  continued  to  commit  violations  of  humanitarian  law,  in- 
cluding the  killing  of  civilian  noncombatants.  Sporadic  fighting  in  the  Mogadishu 
area  between  pro-  and  anti-Aideed  militia  led  to  numerous  of  civilian  deaths  and 
hundreds  of  wounded.  Numerous  combatants  also  lost  their  lives.  Both  sides  shelled 
targets  located  in  densely  populated  neighborhoods  or  areas  controlled  by  civilians. 

In  March  interclan  fighting  in  Galgudud  region  resulted  in  the  deaths  of  10  per- 
sons; an  additional  18  were  wounded.  In  Mogadishu  in  April,  17  persons  were  killed. 
From  August  through  December,  at  least  2  dozen  persons  died  as  a  result  of  fighting 
within  the  Abgal  clan,  the  dominant  group  in  North  Mogadishu  and  Lower  Shabelle. 

Intermittent  combat  in  North  Mogadishu  between  militia  loyal  to  faction  leader 
Ali  Madhi  and  militia  of  his  rival  Sheikh  Ali  Dherre,  leader  of  the  Shari'a  court, 
was  responsible  for  at  least  one  dozen  deaths  during  the  year. 

Fitting  in  the  south  between  Islamic  radicals  and  their  clan  and  factional  oppo- 
nents led  to  many  additional  deaths.  Repeated  incursions  into  Somalia  by  forces  in 
pursuit  of  the  radicals  and  bandit  gangs  contributed  to  the  high  toll  of  lives.  In 
Kismayo  clashes  between  the  Majerteen  and  Marehan  clans  also  caused  numerous 
deaths.  Between  March  and  year's  end,  more  than  150  people,  including  noncombat- 
ants were  killed  as  a  result  of  these  incidents.  Interclan  fighting  in  Burao  and 
Erigavo,  two  towns  in  the  northwest,  claimed  at  least  six  lives  during  the  summer. 
These  areas  became  calm  after  the  intervention  and  mediation  of  clan  elders  from 
both  sides  of  the  conflict. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Most  citizens  obtain  news  from  foreign  news 
broadcasts,  chiefiy  the  British  Broadcasting  Corporation  (BBC),  which  transmits  a 
daily  Somali  language  program.  The  major  faction  leaders  in  Mogadishu,  as  well  as 
the  authorities  of  the  Government  of  Somaliland  operate  small  radio  stations.  The 
print  media  consist  largely  of  short,  photocopied,  dailies,  published  in  the  larger 
cities  and  often  linked  to  one  of  the  factions.  Several  of  these  newspapers  are  nomi- 
nally independent  and  are  critical  of  the  faction  leaders.  Somaliland  has  two  inde- 
pendent daily  newspapers,  one  government  daily,  and  an  English  language  news- 
pajjer. 

In  late  March,  gunmen  forcibly  entered  the  home  of  the  BBC  correspondent  in 
Mogadishu,  stole  his  camera  and  computer  equipment,  and  beat  him  senseless.  Al- 
though robbery  was  a  possible  motive,  the  journalist  had  published  reports  critical 
of  militant  Islamic  cleric  Sheikh  Ali  Dherre.  In  April  another  BBC  journalist  in  the 
capital  received  threats  after  disseminating  a  report  critical  of  a  former  Somali  dip- 
lomat and  a  Malaysian  businessman. 

Also  in  April,  courts  in  Somaliland  ordered  the  arrest  of  a  newspaper  publisher 
who  had  launched  an  investigative  series  on  official  corruption.  Altnough  the  pub- 
lisher was  tried  for  slander,  no  judgment  was  announced.  The  trial  was  marred  by 
a  violent  attack  against  a  news  photographer  by  a  senior  "minister"  in  the  local  gov- 
ernment; he  was  later  dismissed  from  his  job.  Authorities  again  detained  the  pub- 
lisher and  several  of  his  coworkers  in  September  and  accused  them  of  printing  lalse 
customs  receipts.  Public  criticism  and  findings  by  a  regional  court  and  the  par- 
liament that  the  arrests  were  carried  out  without  due  process  and  were  unconstitu- 
tional led  to  the  release  of  the  journalists  after  1  week.  Some  of  them  were  re- 
arrested shortly  thereafter  on  the  same  charges  and  faced  trial  at  year's  end. 

There  is  no  organized  higher  educational  system  in  the  country. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Many  clans  and  factions  held 
meetings  during  the  year  without  incident,  albeit  usually  under  tight  security.  Al- 
though citizens  are  free  to  assemble  in  public,  the  lack  of  security  effectively  limits 
this  right  in  many  parts  of  the  country.  Few  public  rallies  took  place  during  the 
year  without  the  sponsorship  of  an  armed  group. 

Some  professional  groups  and  local  NGO's  operate  as  security  conditions  permit. 
The  new  Constitution  of  Somaliland  established  the  right  of  freedom  of  associa- 
tion. 

c.  Freedom  of  Religion. — Somalis  are  overwhelmingly  Sunni  Muslim.  Local  tradi- 
tion and  past  law  make  proselytization  a  crime  for  any  religion  except  Islam.  Some 
local  administrations  have  made  Islam  the  official  religion  in  their  regions,  in  addi- 
tion to  establishing  a  judicial  system  based  on  Shari'a  law  (see  Section  i.e.).  Non- 
Sunni  Muslims  are  often  viewed  with  suspicion  by  members  of  the  Sunni  majority. 
There  is  strong  social  pressure  to  respect  Islamic  traditions,  especially  in  fundamen- 
talist enclaves  such  as  Luuq,  in  the  Gedo  region.  There  is  a  small,  low-profile  Chris- 


315 

tian  community.  Christian-based  international  relief  organizations  generally  operate 
without  interference  so  long  as  they  refrain  from  proselytizing. 

d.  Freedom  of  Movement  Within  the  Country.  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Freedom  of  movement  continuea  to  be  restricted  in  many  parts  of  the 
country.  Checkpoints  manned  by  militiamen  loyal  to  one  clan  or  faction  inhibited 
passage  by  other  groups.  In  the  absence  of  a  recognized  national  government,  most 
citizens  do  not  have  documents  needed  for  international  travel.  As  security  condi- 
tions improved  in  many  parts  of  the  country,  refugees  and  internally  displaced  per- 
sons continued  to  return  to  their  homes,  particularly  in  the  northwest. 

Ethiopia  still  holds  at  least  250,000  Somali  refugees,  mostly  from  the  northwest. 
The  UNHCR  carried  out  a  pilot  repatriation  of  1,000  persons  in  May,  and  was  in 
the  process  of  carrying  out  a  repatriation  of  20,000  at  year's  end. 

Djibouti  hosted  approximately  20,000  Somali  refugees  in  camps  at  year's  end,  and 
about  2,000  in  its  capital  city. 

The  number  of  Somali  refugees  in  Kenya  dropped  to  approximately  125,000  as  of 
year's  end,  down  from  more  tnan  400,000  at  the  height  of  the  humanitarian  crisis 
in  1992.  The  serious  floods  late  in  the  year  halted  repatriation. 

As  Somalia  has  no  functioning  government,  there  is  no  policy  of  first  asylum,  al- 
though a  small  number  of  Ethiopian  refugees  remained  in  Somalia,  mostly  in  the 
northeast  near  Bosasso.  The  authorities  in  northwest  Somalia  have  cooperated  with 
the  U.  N.  High  Commissioner  for  Refugees  and  other  humanitarian  assistance  orga- 
nizations in  assisting  refugees.  There  were  no  reports  of  forced  expulsion  of  those 
having  a  valid  claim  to  refugee  status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

In  the  absence  of  a  widely  supported,  effective  national  government,  recognized 
domestically  or  internationally,  citizens  could  not  exercise  this  right.  In  most  re- 
gions, local  councils  of  clan  leaders  function  as  rulers.  Although  many  such  groups 
derive  their  authority  from  the  traditional  deference  given  clan  elders,  most  face  op- 
position of  varying  strength  from  political  factions  and  radical  Islamic  groups. 

Although  several  women  are  important  behind-the-scenes  figures  in  the  various 
factions,  women  as  a  group  remain  outside  the  political  process.  No  women  hold 
prominentpublic  positions. 

In  the  "Republic  of  Somaliland,"  the  existence  of  which  was  endorsed  by  clan  el- 
ders in  1991  and  1993,  a  315-person  conference  of  clans  that  had  begun  in  Novem- 
ber 1996  led  to  a  peace  accord  early  in  the  year.  It  demobilized  militia  groups,  estab- 
lished a  Constitution  and  a  Parliament  with  propwrtional  clan  representation,  and 
held  an  election  of  a  president  and  vice  president  from  a  slate  of  candidates.  The 
Hargeisa  authorities  nave  established  functioning  administrative  institutions  in 
about  half  of  the  territory  that  they  claim. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Several  local  human  rights  organizations  were  active  during  the  year.  ICRC  dele- 
gates were  permitted  to  visit  prisons  in  some  parts  of  the  country,  as  were  Western 
diplomats.  The  United  Nations  Special  Rapporteur  on  Human  Rights  in  Somalia  vis- 
ited the  country  during  the  spring  and  prepared  a  report  for  the  Secretary  General. 
International  humanitarian  NGO  s  and  U.N.  agencies  continued  to  operate,  but  the 
poor  security  situation  limited  their  activities  in  some  areas.  In  July  an  Italian  dele- 
gation investigating  abuses  committed  by  Italian  soldiers  in  1993  interviewed  So- 
mali witnesses  in  Addis  Ababa. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Discrimination  against  women  and  widespread  abuse  of  children  continued  to  be 
serious  problems. 

Women. — Women  suffered  heavily  disproportionate  levels  of  violence  in  the  civil 
war  and  in  the  strife  that  followed.  During  the  year,  however,  there  were  again  no 
reports  of  systematic  attacks  on  women  in  connection  with  the  continuing  civil 
strife. 

Women  are  systematically  subordinated  in  the  country's  overwhelmingly  patriar- 
chal culture.  Polygyny  is  lawful;  polyandry  is  not.  Under  laws  issued  by  the  former 
government,  female  children  could  inherit  property,  but  only  half  the  amount  to 
which  their  brothers  were  entitled.  Similarly,  according  to  the  tradition  of  blood 
compensation,  those  found  guilty  in  the  death  of  a  woman  must  pay  only  half  as 
much  to  the  aggrieved  family  as  they  would  if  the  victim  were  a  man. 

Children. — Children  remain  among  the  chief  victims  of  the  continuing  violence. 
Boys  as  young  as  14  or  15  years  of  age  have  participated  in  militia  attacks,  and 


316 

many  youths  are  members  of  the  marauding  gangs  known  as  "Mooryann  (parasites 
of  maggots)."  Even  in  areas  with  relative  security,  lack  of  resources  has  limited  the 
opportunity  for  children  to  attend  school. 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  bv  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  a  nearly 
universal  practice.  An  independent  expert  in  the  field  estimates  that  98  percent  of 
females  have  been  subjected  to  FGM.  The  practice  was  illegal  in  1991,  when  the 
Siad  Barre  government  collapsed;  it  remains  technically  illegal,  but  the  law  is  not 
enforced.  While  U.N.  agencies  and  NGO's  have  made  intensive  efforts  to  educate 
people  about  the  danger  of  FGM,  no  reliable  statistics  are  available  on  their  success. 

People  With  Disabilities. — Before  the  collapse  of  the  state  in  1991,  there  were  no 
laws  mandating  accessibility  to  public  buildings,  transportation,  or  government 
services  for  the  disabled.  In  the  absence  of  a  functioning  government,  there  are  no 
authorities  to  address  these  problems  or  assist  the  disabled.  Several  local  NGO's  are 
attempting  to  provide  limited  social  and  medical  services  to  the  disabled. 

National  I  Racial  I  Ethnic  Minorities. — More  than  80  percent  of  the  people  share  a 
common  ethnic  heritage,  religion,  and  nomadic  culture.  The  largest  minority  group, 
Bantu  Somalis  are  descended  from  slaves  brought  to  the  country  about  300  years 
ago.  In  virtually  all  areas,  members  of  groups  other  than  the  predominant  clan  in 
that  area  are  excluded  from  effective  participation  in  governing  institutions  and  are 
subject  to  discrimination  in  employment,  judicial  proceedings,  and  access  to  public 
services. 

Members  of  minority  groups  are  subjected  to  harassment,  intimidation,  and  abuse 
by  armed  gunmen  of  all  afTiliations. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  1990  Constitution  provided  workers  with  the 
right  to  form  unions,  but  the  civil  war  and  factional  fighting  negated  this  provision 
and  shattered  the  single  labor  confederation,  the  then  government-controlled  Gen- 
eral Federation  of  Somali  Trade  Unions.  Given  the  extent  of  the  political  and  eco- 
nomic breakdown  and  the  lack  of  legal  enforcement  mechanisms,  trade  unions  can 
not  function  freely. 

The  new  constitution  of  Somaliland  established  the  right  of  freedom  of  associa- 
tion, but  no  unions  or  employer  associations  have  yet  come  into  existence. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Wages  and  work  require- 
ments in  traditional  Somali  culture  are  largely  established  by  barter  based  on  sup- 
ply, demand,  and  the  influence  of  the  clan  from  which  the  worker  originates.  As 
during  past  years,  labor  disputes  sometimes  led  to  the  use  of  force  or  kidnaping. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Local  partners  of  multinational 
fruit  export  firms  reportedly  used  forced  labor,  including  forced  labor  by  children  in 
some  areas  of  the  Lower  Shabelle. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Formal 
employment  of  children  was  rare,  but  youths  commonly  participate  in  herding,  agri- 
culture, and  household  labor  from  an  early  age.  The  lacK  of  educational  opportuni- 
ties are  severely  depressed  economic  conditions  make  such  employment  a  necessity. 

e.  Acceptable  Conditions  of  Work. — There  was  no  organized  efTort  by  any  of  the 
factions  or  de  facto  regional  administrations  to  monitor  acceptable  conditions  of 
work  during  the  year. 


SOUTH  AFRICA 

South  Africa's  governing  institutions  and  society  continued  to  consolidate  the 
democratic  transformation  initiated  by  the  historic  1994  elections.  The  Government 
comprises  ministers  from  the  African  National  Congress  and  the  Inkatha  Freedom 
Party  (IFP).  With  the  June  1996  withdrawal  of  the  National  Party  (NP)  from  the 
Government  of  National  Unity,  the  Parliament  took  on  a  more  central  role  in  na- 
tional debate.  In  addition  to  the  3  major  parties,  the  400-member  National  Assem- 
bly includes  the  Democratic  Party  (DP),  the  Freedom  Front  (FF"),  the  Pan  Africanist 
Congress  (PAC),  and  the  African  Christian  Democratic  Party  (AC!DP).  The  new  Con- 
stitution came  into  effect  in  February.  The  judiciary,  including  the  Constitutional 
Court,  is  independent. 

The  South  African  Police  Service  (SAPS)  has  primary  responsibility  for  internal 
security,  although  the  Government  continues  to  call  on  the  South  African  National 
Defense  Force  (SANDF)  to  provide  support  for  the  SAPS  in  internal  security  situa- 
tions. The  SAPS  continued  its  major  restructuring  and  transformation  from  a  pri- 


317 

manly  public  order  security  force  lai^ely  dedicated  to  enforcing  apartheid  laws,  to 
a  more  accountable,  community  service  oriented  police  force.  Tne  SANDF  and  the 
newly  created  SAPS  border  control  and  policing  unit  share  responsibility  for  exter- 
nal security.  The  civilian  authorities  maintain  enective  control  of  the  security  forces. 
However,  some  members  of  these  forces  committed  human  rights  abuses. 

South  Africa  has  a  diversified  and  productive  economy  whose  mainstays  are  man- 
ufacturing, mining,  and  agriculture  (augmented  by  service  support  industries), 
which  mdce  up  24  percent,  8  percent,  and  5  percent,  respectively,  of  the  country's 
GDP  of  $126.3  billion  (543  billion  Rand).  Ownership  of  wealth  remains  highly 
skewed.  Officially,  unemployment  is  just  under  30  percent,  although  large  numbers 
of  people,  particularly  blacks,  are  employed  informally  in  retail  or  small-scale  manu- 
facturing operations.  The  economy  is  driven  largely  by  market  forces,  although  a 
few  key  industries  remain  tightly  controlled,  including  power  generation,  petroleum, 
and  mining.  The  Government's  "Growth,  Employment  and  Redistribution"  macro- 
economic  program  provides  a  framework  for  economic  restructuring  to  achieve  en- 
hanced growtn.  The  numerous  social  and  economic  problems  that  developed  largely 
during  tne  apartheid  era  are  expected  to  persist  for  many  years. 

The  Government  generally  respected  the  human  rights  of  its  citizens,  and  the 
laws  and  newly  independent  judiciary  provided  an  effective  means  of  dealing  with 
instances  of  individual  abuses.  However,  problems  remain  in  several  areas.  Some 
members  of  the  security  forces  committed  human  rights  abuses,  including  torture, 
excessive  use  of  force  during  arrest,  and  other  physical  abuse.  Deaths  in  police  cus- 
tody and  as  a  result  of  excessive  force  remained  problems.  The  Government  has 
taken  action  to  investigate  and  punish  some  of  those  involved.  In  April  the  Govern- 
ment established  an  Independent  Complaints  Directorate  to  investigate  deaths  in 
police  custody  and  deaths  as  a  result  of  police  action.  Prisons  are  seriously  over- 
crowded. The  judiciary  is  overburdened,  and  lengthy  delays  in  trials  are  a  problem. 
Discrimination  against  women  and  the  disabled  continued.  Violence  against  women 
and  children  remained  a  serious  problem.  There  were  hundreds  of  political  and 
extrajudicial  killings,  and  political  violence  remained  at  about  the  same  level  as  in 
the  previous  year,  both  in  KwaZulu/Natal  and  countrywide.  Vigilante  action  and 
mob  justice  remained  a  problem. 

The  Truth  and  Reconciliation  Commission  (TRC),  created  to  investigate  apartheid- 
era  human  rights  abuses,  make  recommendations  for  reparations  for  victims,  and 
grant  amnesty  for  full  disclosure  of  politically  motivated  crimes,  completed  its 
human  rights  hearings  by  the  end  of  the  year  and  increased  its  focus  on  adjudicat- 
ing the  more  than  7,000  amnesty  applications  received  by  the  Commission.  Steps 
were  taken  to  extend  both  the  period  covered  by  the  amnesty  and  the  amnesty  ap- 
plication deadline.  Parliament  continued  to  revise  or  repeal  discriminatory  legisla- 
tion and  to  bring  other  laws  into  line  with  the  new  Constitution.  For  example,  laws 
which  establish  racial  equality  in  the  provision  of  child-maintenance  grants,  provide 
security  against  eviction  for  long-time  occupants  of  rural  land,  and  officially  repeal 
the  death  penalty  were  passed  during  the  year. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Police  use  of  excessive  force  during 
apprehensions  resulted  in  numerous  deaths,  and  deaths  in  police  custody  remain  a 
problem.  In  April  the  Government  established  an  Independent  Complaints  Direc- 
torate (ICD)  to  investigate  deaths  in  police  custody  and  deaths  as  a  result  of  police 
action.  In  November  the  ICD  reported  441  deaths  as  a  result  of  police  action.  Of 
these  deaths,  428  occurred  while  in  police  custody,  and  13  occurred  as  a  result  of 
police  action.  These  figures  represented  a  dramatic  increase  over  the  estimated  1996 
number  of  deaths  in  police  custody  (32  for  the  year).  The  increase  may  be  due  to 
new  statutory  requirements  for  the  SAPS  to  report  all  such  cases  to  the  ICD.  The 
ICD's  report  lists  the  subcategories  under  deaths  in  police  custody  to  include  natu- 
ral causes,  suicide,  injuries  in  custody,  injuries  prior  to  custody,  and  possible  neg- 
ligence. The  vast  majority  of  deaths  that  occurred  as  a  result  of  police  action  in- 
volved shootings  by  the  police  during  the  course  of  arrest. 

The  two  nongovernmental  organizations  (NGO's)  that  follow  political  and 
extrajudicial  deaths  in  South  Africa  showed  different  trends  in  their  figures  for 
1997.  The  Human  Rights  Committee  (HRC)  reported  that  political  violence  resulted 
in  1,228  deaths  from  January  to  November.  The  South  Africa  Institute  for  Race  Re- 
lations (SAIRR)  reported  425  politically  motivated  killings  during  the  first  11 
months  of  1997,  compared  with  683  for  the  same  period  in  1996. 

'The  peace  process  continued  in  KwaZulu-Natal.  A  special  provincial  bilateral  IFP- 
ANC  F^ace  Committee  met  regularly,  seeking  a  settlement  that  would  end  political 


318 

violence.  The  IFP  and  the  ANC,  as  the  parties  with  the  largest  numbers  in  the  pro- 
vincial Parliament,  had  the  majority  of  the  members  on  the  Portfolio  Committee  on 
Safety  and  Security  that  intervened  regularly  at  scenes  of  potential  conflict  to  facili- 
tate peaceful  solutions. 

Political  killings  in  KwaZulu-Natal  remained  a  major  problem  and  were  persistent 
in  certain  areas.  For  example:  on  July  22,  five  ANC  activists,  including  two  who  had 
been  elected  to  the  city  council  less  than  24  hours  before,  were  killed  in  a  late  night 
raid  on  their  dwelling  near  the  town  of  Richmond.  On  January  3,  four  people  were 
killed  in  a  massacre  in  the  southern  part  of  the  province  and  an  IFP  leader  who 
was  a  key  figure  in  the  Midlands  peace  process  was  killed.  Shootings  and  killings 
continued  sporadically  through  the  year  near  Inchanga,  halfway  between  Durban 
and  Pietermaritzburg.  The  build-up  of  a  large  police  and  military  presence  in  the 
region  had  a  stabilizing  effect,  resulting  in  a  quiet  end  to  a  very  violent  1997. 
Charges  against  the  six  accused  murderers  of  Zulu  princess  Nonhlanhla  were  with- 
drawn by  the  provincial  attorney  general  after  three  witnesses  were  killed.  The  at- 
torney general  cited  lack  of  evidence  as  the  reason  for  the  release  of  the  accused. 

Police  apprehended  two  suspects  in  connection  with  three  January  bombings  near 
the  northwest  province  town  of  Rustenberg.  The  bombs,  which  wounded  two  individ- 
uals, struck  a  mosque,  a  post  office  and  a  general  store.  Their  cases  have  not  yet 
been  tried. 

Vigilante  action  and  mob  justice  remained  problems  .  .  .  People  Against  Gang- 
sterism and  Drugs  (PAGAD),  a  self-proclaimed  Islamic-oriented  community-based 
organization  calling  for  stronger  action  by  the  Government  and  police  against  crime 
and  drugs,  continued  to  engage  in  acts  of  intimidation  and  violence  against  sus- 

gected  drug  dealers  and  gang  leaders.  Vigilante  violence  pitting  supporters  of 
AGAD  against  drug-dealing  gangsters  in  Cape  Town  continued  in  1997.  PAGAD's 
earlier  tactics  of  moo  justice  and  mass  marches  gave  way  to  almost  weekly  drive- 
by  shootings  and  gasoline-bomb  attacks  on  homes  of  suspected  drug  dealers. 
PAGAD  supporters  were  also  the  victims  of  alleged  gangster  reprisal.  Approximately 
17  people  were  reported  killed  and  60  were  reported  wounded  in  more  than  159 
PAGAD-gang  clashes  during  the  year,  including  13  pipe  bomb  attacks  in  the  month 
of  November  alone.  Some  of  these  incidents,  however,  were  likely  intergang,  or 
PAGAD  factional  violence.  Police  made  only  limited  progress  in  bringing  the  per- 
petrators of  this  violence  to  justice.  In  October  three  men  were  charged  with  eight 
offenses,  including  murder,  for  the  Worcester  bombings.  All  were  sentenced  to  4  life 
terms  plus  88  years. 

There  were  occasional  reports  of  killings  linked  to  the  continued  practice  of  witch- 
craft in  some  rural  areas.  In  the  Northern  province,  where  traditional  beliefs  re- 
garding witchcraft  remain  strong,  officials  reported  dozens  of  killings  of  people  sus- 
pected of  witchcraft.  The  Government  has  instituted  educational  programs  to  pre- 
vent such  actions. 

Police  arrested  five  individuals,  including  three  escaped  rightist  terrorists,  sus- 
pected of  having  perpetrated  the  Christmas  Eve  1996  bombing  in  the  western  Cape 
town  of  Worcester  that  resulted  in  four  deaths.  Their  cases  have  not  yet  been  tried. 

No  charges  have  been  filed  to  date  in  the  case  of  the  1994  killing  of  former  Dutch 
Reformed  Church  Moderator  Johan  Heyns;  this  situation  is  unlikely  to  change.  Dur- 
ing the  bail  hearing  of  an  unrelated  case  in  October,  information  came  to  light  that 
Mr.  Terence  Psarrakis,  the  late  business  partner  of  brothel  owner  Johan 
Badenhorst,  hired  an  assassin  to  kill  Professor  Johan  Heyns.  The  investigation  into 
the  new  allegations  is  continuing.  At  this  point,  it  appears  that  the  killing  may  not 
have  been  politically  motivated. 

The  TR(js  investigative  unit  continued  to  pursue  a  number  of  cases  of  alleged  po- 
litical or  extrajudicial  killings  committed  in  previous  years  that  have  been  brought 
to  its  attention  through  TRC  hearings.  Testimony  was  heard  during  amnesty  or  spe- 
cial events  hearings  on  a  number  of  these  high-profile  killings,  including  the  1993 
assassination  of  South  African  Communist  Party  (SACP)  leader  Chris  Hani,  the 
1977  torture  and  murder  of  Black  Consciousness  leader  Steve  Biko,  and  the  1989 
killing  of  14-year-old  activist  Stompie  Seipei.  By  year's  end,  no  findings  had  been 
made  by  the  TRC  in  these  cases. 

In  August  three  of  the  four  men  arrested  for  the  1981  murder  of  Durban  attorney 
Griffiths  Mxenge,  including  the  leader  of  the  attack.  Dirk  Coetzee,  were  granted  am- 
nesty by  the  TRC.  The  fourth,  former  security  policeman  Joe  Mamasela,  became  a 
witness  for  the  State  and  expects  to  receive  immunity  from  prosecution. 

The  amnesty  application  of  retired  SAP  Colonel  Eugene  ae  Kock  has  not  yet  been 
adjudicated.  De  Kock  was  found  guilty  on  89  charges,  including6  counts  of  murder, 
and  sentenced  in  October  1996  to  2  life  sentences  plus  an  additional  212  years'  im- 
prisonment. 


319 

b.  Disappearance. — There  were  no  new  reports  of  politically  motivated  disappear- 
ances caused  by  government  authorities  or  agents.  Starting  in  April  1996,  the  TRC 
heard  public  testimony  regarding  numerous  politically  motivated  disappearances  be- 
tween 1960  and  1993.  Investigations  into  a  number  of  these  disappearances  were 
subsequently  begun  by  the  TRC's  investigative  unit,  as  well  as  by  the  relevant  pro- 
vincial attorney  general  in  some  cases.  As  a  result,  a  number  of  victims,  mostly  ex- 
liberation  movement  soldiers,  had  been  located  and  their  bodies  exhumed  by  year's 
end. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution's  Bill  of  Rights  provides  for  the  right  not  to  be  tortured,  to  be  free 
from  all  forms  of  violence  from  either  public  or  private  sources,  and  the  right  not 
to  be  treated  or  punished  in  a  cruel,  inhuman,  or  degrading  way.  However,  police 
tortured  and  otherwise  abused  suspects  and  detainees  including  beatings,  suffo- 
cation with  rubber  tubing,  electric  shock,  and  rape.  Broad  efforts  to  reform  police 
practices  have  substantially  reduced  such  activities,  and  the  ICD  (see  Section  l.a.) 
investigates  reports  of  police  misconduct  and  corruption.  Also,  NGO's  conducted  sev- 
eral human  rignts  education  programs  for  the  SAPS. 

The  SAPS  has  continued  to  undergo  sweeping,  positive  changes,  including  the  in- 
stitution of  reforms  designed  to  create  partnerships  between  local  police  forces  and 
the  communities  they  serve.  Resignations  and  retirements  of  senior  police  officials 
have  permitted  the  infusion  of  new  personnel  at  senior  levels,  from  both  inside  and 
outside  the  SAPS;  these  appointments  have  also  served  to  further  affirmative  action 
within  the  SAPS.  Presicient  Mandela  appointed  South  African  Breweries  head 
Meyer  Kahn  as  the  first  civilian  head  of  the  SAPS,  effective  on  August  1,  to  address 
serious  management  problems  that  have  inhibited  transformation  of  the  SAPS. 

Former  police  captain  Jeffrey  Benzien  testified  before  the  Truth  Commission  that 
he,  as  a  member  of  a  SAPS  unit,  had  tortured  detained  antiapartheid  activists. 
However,  former  senior  government  olTicials  denied  in  testimony  before  the  TRC 
that  the  Government  had  authorized  or  condoned  the  use  of  torture  in  any  of  its 
police  units. 

Prison  conditions  generally  meet  minimum  international  standards;  however, 
overcrowding  remains  a  serious  problem.  The  Government  permits  independent 
monitoring  of  prison  conditions,  including  visits  by  human  rights  organizations. 

The  year  saw  the  commissioning  in  Pretoria  of  the  first  of  several  planned  "C- 
MAX"  prisons.  The  C-MAX  prison  is  designed  to  hold  South  Africa's  most  dangerous 
criminals.  Human  rights  groups  have  raised  serious  concerns  regarding  C-MAX,  in- 
cluding the  Government's  criteria  for  transferring  prisoners  from  other  prisons  to 
C-MAa  and  the  restrictive,  solitary  conditions  of  the  prison  itself. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Bill  of  Rights  prohibits  detention 
without  trial.  It  also  provides  that  every  detained  person  has  the  right  to  be  in- 
formed promptly  of  the  reasons  for  detention;  to  be  informed  promptly  of  the  right 
to  remain  silent  and  the  consequences  of  not  remaining  silent;  to  be  charged  within 
48  hours  of  arrest;  to  be  detained  in  conditions  of  human  dignity;  to  consult  with 
legal  counsel  at  every  stage  of  the  legal  process;  to  communicate  with  relatives, 
medical  practitioners,  and  religious  counselors;  and  to  be  released  with  or  without 
bail,  unless  the  interests  of  justice  require  otherwise. 

Courts  and  police  generally  acted  in  good  faith  to  respect  these  rights,  although 
there  was  a  growing  problem  with  bringing  detainees  to  trial.  According  to  the  HRC, 
prisoners  wait  on  average  for  6  montns  to  be  tried  in  the  regional  courts  and  6 
months  to  1  year  in  the  high  courts;  however,  in  extreme  cases  detention  can  extend 
to  up  to  2  years.  This  problem  is  due  in  large  measure  to  the  overburdened  judici- 
ary, which  has  more  cases  than  it  can  handle  efiiciently,  and  insufficient  stafT  and 
resources.  New  laws  were  passed  which  mandated  minimum  sentences  and  the  re- 
fusal of  bail  in  most  cases  for  certain  serious  ofTenses.  Some  human  rights  groups 
expressed  concern  with  parts  of  the  new  laws,  saying  that  they  would  harm  judicial 
inaependence  and  limit  civil  liberties. 

There  were  no  reports  of  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  and 
impartial  judiciary  subject  only  to  the  Constitution  and  the  law,  and  the  Govern- 
ment respects  this  provision  in  practice. 

Under  the  Constitution,  the  Constitutional  Court  is  the  highest  court  for  inter- 
preting and  deciding  constitutional  issues,  while  the  Supreme  Court  of  Appeal  is  the 
highest  court  for  interpreting  and  deciding  nonconstitutional  matters.  Generally, 
cases  are  initially  heard  in  magistrates  courts  and  high  courts. 

Judges  try  criminal  cases.  Tne  jury  system  was  abolished  in  1969.  The  presiding 
judge  or  magistrate  determines  guilt  or  innocence. 

Irie  Constitution's  Bill  of  Rignts  provides  for  due  process,  including  the  right  to 
a  fair,  public  trial  within  a  reasonable  time  of  being  charged  and  the  right  to  appeal 


320 

to  a  higher  court.  It  also  gives  detainees  the  right  to  state-funded  legal  counsel 
when  "substantial  injustice  would  otherwise  result."  In  practice,  the  law  functions 
as  intended.  A  general  lack  of  information  on  the  part  of  the  accused  regarding  their 
rights  to  legal  representation  and  the  Government's  inability  to  pay  the  cost  of  those 
rights  (in  a  March  report,  Justice  Minister  Omar  expressed  concern  over  35,6000 
unpaid  lawyers  accounts),  are  continuing  problems. 

The  Government  and  legal  bodies  have  acted  to  redress  historic  racial  and  gender 
imbalances  in  the  judiciary  and  the  bar.  The  ranks  of  judges,  magistrates,  senior 
counsels,  and  attorneys  are  now  more  reflective  of  society,  although  they  still  fall 
far  short  of  a  representative  composition. 

"Hiere  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices,  government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

The  Constitutional  Land  Court  and  the  Commission  on  Restitution  of  Land  Rights 
were  established  by  the  "Redistribution  of  Land  Rights  Act"  of  November  1994.  The 
Court's  mission  is  to  settle  cases  previously  vetted  and  evaluated  by  the  Commis- 
sion. Claims  can  only  be  filed  for  land  dispossessions  following  promulgation  of  the 
Natives  Land  Act  of  1913.  The  various  forms  of  compensation  offered  to  claimants 
are  the  return  of  the  original  land,  deed  to  another  piece  of  land,  financial  remu- 
neration, or  preferential  access  to  government  housing.  A  deadline  of  December 
1998  was  set  for  receiving  claims.  There  is  no  deadline  for  completion  of  the  claim 
settlements,  and  the  pace  at  which  cases  are  moving  is  particularly  slow.  Out  of  a 
total  of  18,000  cases  submitted  by  the  end  of  the  year,  only  13  have  been  formally 
settled.  A  provision  passed  by  Parliament  in  late  1997  was  aimed  at  speeding  up 
the  process  of  allowing  out-of-court  settlements  negotiated  with  the  Ministry  of 
Land  Affairs. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedoms  of 
speech  and  of  the  press,  and  the  Government  respects  these  rights  in  practice.  Sev- 
eral apartheid-era  laws  that  remain  in  force  pose  a  potential  threat  to  the  media. 

The  media  ofTer  a  broad  range  of  news,  opinion  and  analysis,  and  criticize  both 
the  Government  and  the  opposition.  Coverage  of  news  and  expression  of  opinion  is 
vigorous,  although  some  journalists  believe  that  self-censorship  is  a  problem.  While 
the  majority  of  professional  broadcast  media  outlets  are  still  state  owned,  their  edi- 
torial independence  appears  genuine  and  the  Government  continued  steps  to  end  its 
monopoly  over  the  electronic  media. 

In  1997  a  black-owned  investment  consortium  acquired  control  of  the  country's 
leading  black -oriented  newspaper  and  of  a  major,  traditionally  white-oriented  pub- 
lishing business,  thereby  making  major  inroads  into  the  historic  monopoly  of  white 
South  Africans  over  both  print  and  electronic  media.  Black  South  Africans  are  also 
gaining  access  to  the  media  through  community  radio  and  in  upper-level  manage- 
ment positions  at  the  South  African  Broadcasting  Corporation  (SABC). 

The  SABC  controls  all  free  broadcast  television  and  the  majority  of  major  radio 
outlets.  The  SABC  was  once  seen  as  the  Government's  voice,  but  it  is  now  in  the 
midst  of  a  historic  reorganization  and  change  of  direction.  Although  it  is  still  state 
owned,  the  SABC  maintains  its  editorial  independence  from  the  Government.  SABC 
news  programming  offered  balanced  coverage  of  the  Government  and  the  leading  op- 
position parties. 

Although  slowed  by  financial  scandal,  the  Independent  Broadcast  Authority  (IBA) 
continued  the  incremental  process  of  disassembling  the  Government's  historic  mo- 
nopoly over  electronic  media.  During  the  year,  the  IBA  began  to  grant  licenses  to 
private  commercial  radio  broadcasters,  several  of  which  were  on  the  air  by  midyear. 
The  commercial  stations  join  the  approximately  70  nonprofit,  community  stations 
that  were  licensed  and  began  broadcasting  in  1995  and  1996.  Although  some  parties 
(notably  potential  commercial  broadcasters)  have  complained  about  the  slow 
progress,  the  IBA's  work  has  begun  to  bring  real  competition  to  the  country's  air- 
waves for  the  first  time.  Still  pending,  and  oehind  schedule,  are  IBA  actions  to  li- 
cense private  commercial  television  stations. 

Several  laws  remained  in  effect  that  permit  the  Government  to  restrict  the  publi- 
cation of  information  about  the  police,  the  national  defense  forces,  prisons,  and  men- 
tal institutions.  Another  law  remains  in  force  that  could  be  used  to  compel  reporters 
to  reveal  their  sources.  While  these  laws  were  not  often  employed,  they  were  still 
perceived  by  journalists  as  a  threat  to  freedom  of  the  press.  In  July  the  Denel  Cor- 
poration (a  parastatal  arms  manufacturer)  invoked  an  apartheid-era  law  in  an  un- 
successful attempt  to  stop  the  media  from  publishing  the  name  of  a  potential  client 


321 

state.  Journalists  report  that  police  officers  often  threaten  to  invoke  apartheid-era 
laws  in  order  to  restrict  coverage  of  crime  scenes  and  investigations. 

The  South  African  Board  of  Censors  reviews  and  passes  judgment  on  written  and 
graphic  materials  published  in  or  imported  into  South  Africa.  The  Board  of  Censors 
Has  the  power  to  edit  or  ban  books,  magazines,  movies,  and  videos,  and  regularly 
exercises  that  power,  although  with  restraint.  A  government  task  force,  created  to 
recommend  means  by  which  the  Government  could  improve  its  ability  to  commu- 
nicate through  the  media,  suggested  that  the  Government  reorganize  its  national 
communication  service.  The  task  force's  report  was  greeted  with  relief  by  some  in 
the  media  who  feared  a  more  sinister  government  desire  to  exercise  greater  control 
over  the  press. 

There  are  no  official  restrictions  on  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom,  of  Religion. — The  constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice. 

The  Government  is  a  party  to  the  1951  United  Nations  Convention  Relating  to 
the  Status  of  Refugees  and  its  1967  Protocol.  In  1996  the  Government  signed  a 
Memorandum  of  Understanding  with  the  United  Nations  High  Commissioner  for 
Refugees  (UNHCR)  on  standardization  of  regional  refugee  policies,  which  is  de- 
signed to  shift  more  responsibility  for  handling  refugee  flows  onto  first-asylum  coun- 
tries in  the  region. 

The  Government  cooperates  with  the  UNHCR  and  other  humanitarian  organiza- 
tions in  assisting  refugees.  The  Government  provides  first  asylum,  granting  appli- 
cants the  right  to  work  and  study.  Over  17,000  asylum  seekers  were  registered  by 
the  Government  in  1997.  Approximately  30  percent  of  applicants  received  refugee 
status,  which  confers  work  and  study  privileges,  in  1997.  About  70  percent  of  the 
thousands  of  illegal  immigrants  deported  during  the  year  came  from  Mozambique. 
Despite  numerous  procedural  safeguards,  energetic  efforts  to  combat  a  mounting  il- 
legal immigration  problem  occasionally  resulted  in  wrongful  deportations. 

Parliament  passed  an  Amnesty  Bill  in  1996  permitting  certain  illegal  aliens  who 
have  lived  in  South  Africa  for  5  years  or  more  to  become  legal  residents.  By  the  No- 
vember 1996  deadline,  about  200,000  individuals  had  applied  for  amnesty.  Govern- 
ment amnesty  statistics  indicate  an  approval  rate  of  approximately  50  percent.  Sep- 
arate amnesty  programs  were  instituted  for  mine  workers  and  Mozambican  refu- 
gees, benefiting  about  350,000  people. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  exercised  the  right  to  change  their  government  in  1994  elections  that  ob- 
servers deemed  to  be  substantially  free  and  fair.  The  new  Constitution  went  into 
effect  on  February  3.  Under  its  terms,  the  country  retains  a  bicameral  Parliament, 
an  executive  state  presidency  and  an  independent  judiciary,  including  a  constitu- 
tional court. 

The  current  400-member  National  Assembly  was  retained  under  the  new  Con- 
stitution, although  the  number  of  Members  of  Parliament  may  be  reduced  to  350 
from  400  in  the  future.  A  new  National  Council  of  Provinces  (NCOP),  consisting  of 
six  permanent  and  four  rotating  delegates  from  each  of  the  nine  provinces,  replaced 
the  former  Senate  as  the  second  chamber  of  Parliament.  The  NCOP,  created  to  give 
a  greater  voice  to  provincial  interests,  must  approve  legislation  that  involves  shared 
national/provincial  competencies  according  to  a  schedule  in  the  Constitution.  An  18- 
member  Council  of  Traditional  Leaders,  which  the  Constitution  accords  an  advisory 
role  in  matters  of  traditional  law  and  authority,  was  inaugurated  on  April  18. 

Two  parties,  the  ANC  and  the  IFP,  continued  to  share  executive  power  following 
the  National  Party's  pullout  from  the  Government  of  National  Unity  (GNU)  and  pro- 
vincial executives  in  June  1996.  This  arrangement  is  expected  to  continue  until  elec- 
tions in  1999,  because  the  new  Constitution  does  not  provide  for  power  sharing  in 
the  executive.  President  Nelson  Mandela  continued  in  office  as  Executive  Head  of 
State  in  1997,  with  Thabo  Mbeki  as  the  sole  Executive  Deputy  President.  The  ANC 
continued  to  fill  24  of  the  27  cabinet  positions. 

Elections  for  local  councilors,  including  those  in  metropolitan  councils,  town  coun- 
cils and  rural  councils,  were  completed  in  June.  New  framework  legislation  for  local 
government  was  introduced  in  the  1997  parliamentary  session. 

There  are  no  legal  impediments  to  women's  participation  in  government.  Over 
one-fourth  of  the  National  Assembly  members  are  women,  while  in  the  NCOP,  8  of 


322 

the  54  permanent  delegates  are  women.  Women  continued  to  fill  approximately  one- 
quarter  of  committee  cnair  slots,  as  well  as  the  Speaker  and  Deputy  Speaker  posi- 
tions in  the  National  Assembly.  Women  hold  4  oi  27  ministerial  positions,  as  well 
as  8  of  14  deputy  ministerial  stots. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  findings  on  human  rights  cases.  Government  officials 
are  generally  cooperative  and  responsive  to  their  views.  Many  organizations  now 
participate  in  governmental  bodies  seeking  to  gather  public  input  and  to  fashion 
policies  related  to  human  rights. 

Under  its  1995  enabling  legislation,  the  TRC  is  empowered  to  look  into  apartheid- 
era  gross  human  rights  abuses  committed  between  1960  and  1993;  to  grant  amnesty 
to  perpetrators  of  a  broad  range  of  politically-motivated  crimes,  and  to  recommend 
compensation  for  victims  of  human  rights  abuses.  The  TRC  continued  to  operate 
freely  throughout  its  second  year.  The  TRC  was  scheduled  to  submit  its  final  report 
by  March  1998.  However,  due  to  the  volume  of  work,  an  extension  was  approved 
authorizing  the  TRC  to  continue  operations  through  April  30,  1998,  and  to  submit 
its  report  to  President  Mandela  by  July  31,  1998.  The  TRC's  Amnesty  Committee 
was  authorized  to  continue  its  work  through  June  30,  1998.  Extensions  were  also 
approved  for  the  period  for  which  amnesty  could  be  granted  (through  May  10,  1994) 
and  for  the  period  during  which  amnesty  applications  could  be  submitted  (through 
September  30,  1997).  More  than  7,000  applications  had  been  received  by  that  date. 

In  addition  to  the  continuation  of  human  rights  hearings,  the  TRC  heard  testi- 
mony in  1997  from  political  parties,  the  legal  and  medical  professions,  the  media, 
religious  organizations,  and  others  about  their  respective  roles  during  the  apartheid 
era.  In  September  the  TRC  served  subpoenas  on  20  individuals,  including  former 
South  Africa  defense  force  and  police  service  officials  and  military  commanders  of 
both  the  PAC  and  ANC,  to  testify  about  the  roles  of  armed  forces  and  the  State  Se- 
curity Council.  A  number  of  these  officials  testified  voluntarily. 

In  hearings  before  the  Commission,  both  senior  former  government  and  liberation 
movement  representatives  conceded  that  human  rights  abuses  had  been  committed 
by  individuals  acting  on  their  own,  but  they  denied  that  abuses  had  been  authorized 
at  the  highest  levels.  A  number  of  former  government  ofTicials,  notably  former  cabi- 
net members  Pik  Botha,  Roelf  Meyer,  and  Leon  Wessels,  acknowledged  that  senior 
officials  should  have  done  more  to  be  aware  of  and  curb  these  abuses. 

Former  state  president  P.W.  Botha  failed  to  respond  to  two  TRC  subpoenas  to  ap- 
pear before  the  Commission,  stating  that  TRC  concerns  would  be  addressed  in  his 
written  submission. 

A  number  of  parties  complained  of  political  bias  by  the  Commission.  The  IFP  for- 
mally withdrew  its  cooperation  from  the  Commission  in  midyear  although  individual 
IFP  members  did  submit  statements  to  the  TRC.  In  September  the  National  Party 
settled  out-of-court  a  dispute  over  allegedly  biased  comments  made  by  TRC  officials 
following  the  submission  of  testimony  by  former  state  president,  F.W.  de  Klerk.  De- 
spite these  incidents,  TRC  officials  continued  to  stress  that  the  Commission's  man- 
date was  to  investigate  human  rights  abuses  committed  by  all  parties,  and  that  all 
parties  are  bound  by  the  legislation's  amnesty  provisions. 

To  date,  amnesty  has  been  granted  to  a  range  of  applicants,  including  former 
members  of  the  ANC  and  PAC  armed  wings,  to  former  security  force  officials,  as 
well  as  to  members  of  conservative  rightwing  groups,  including  the  Afrikaner 
Weerstandbeweging  (AWB).  More  than  1,500  applications  for  amnesty  had  been 
turned  down  by  midyear,  including  both  ANC  and  former  security  force  members, 
the  majority  of  these  because  the  act  in  question  was  determined  not  to  have  had 
a  political  objective. 

Many  of  the  more  high-profile  amnesty  cases,  including  the  murders  of  SACP 
leader  Chris  Hani  and  U.S.  student  Amy  Biehl  and  the  bombings  of  Khotso  house 
and  COSATU  house,  had  not  been  adjudicated  by  year's  end.  Both  the  NP  and  the 
Democratic  Party  challenged  the  decision  in  November  by  the  TRC's  Amnesty  Com- 
mittee to  grant  amnesty  to  37  former  liberation  movement  members,  many  of  whom 
are  currently  senior  government  officials.  At  year's  end,  the  TRC  was  reviewing 
legal  counsel  on  whether  or  not  to  request  judicial  review  of  the  Amnesty  Commit- 
tee's decision  in  that  regard. 

The  TRC  also  announced  a  reparations  policy  for  victims  of  human  rights  abuses 
and  submitted  proposals  to  the  Cabinet.  Details  of  implementation  and  funding 
were  still  under  consideration  by  year's  end. 

The  government-created  Human  Rights  Commission  is  tasked  with  promoting  the 
observance  of  fundamental  human  rights  at  all  levels  of  government  and  throughout 


323 

the  general  population.  The  Commission  also  has  the  power  to  conduct  investiga- 
tions, issue  subpoenas,  and  hear  testimony  under  oath.  While  commissioners  were 
named  in  late  1995,  the  Commission's  powers  were  not  formally  determined  until 
May  1996.  Its  operations  have  been  hampered  by  red  tape,  budgetary  concerns,  the 
absence  of  civil  liberties  legislation,  several  high-level  staff  resignations,  and  con- 
cerns about  the  Commission  s  broad  interpretation  of  its  mandate. 

The  Office  of  the  Public  Protector  functioned  throughout  the  year.  Its  role  is  to 
investigate  abuse  and  mismanagement  by  the  Government.  The  Office  faces  severe 
resource  constraints,  as  the  number  of  complaints  continues  to  increase.  In  its  high- 
est profile  case,  the  public  protectorate  examined  the  leak  of  matriculation  examina- 
tions in  1996.  These  examinations  are  given  during  the  final  year  of  secondary  edu- 
cation as  a  prerequisite  for  university  admittance.  The  Office  prepared  a  follow-up 
report  on  the  irregular  funding  of  the  AIDS-education  play  "Sarafina  11."  In  1996 
the  Government  had  indicated  that  it  would  accept  the  recommendations  of  the  in- 
quiry, some  of  which  were  critical  of  government  action. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  grounds  of  race,  sex,  religion,  disabil- 
ity, ethnic  or  social  origin,  color,  age,  culture,  language,  sex,  pregnancy,  or  marital 
status.  Legal  recourse  is  available  to  those  who  believe  they  have  been  discrimi- 
nated against,  but  entrenched  attitudes  and  practices,  as  well  as  limited  resources, 
limit  the  practical  effect  of  these  protections. 

Women. — There  is  a  high  rate  of  violence  against  women.  Newspapers  report  that 
every  6  days  a  woman  is  killed  by  her  husband  or  boyfriend  .  According  to  a  1996 
study  conducted  by  the  NGO  People  Opposing  Women  Abuse,  the  figures  for  re- 
ported rape  have  risen  consistently  each  year,  from  32,000  cases  in  1994  to  nearly 
37,000  in  1995.  According  to  government  statistics,  50,481  rapes  were  reported  in 
1996  (the  last  year  for  which  figures  are  available),  resulting  in  4,100  convictions. 
Police  sources  believe  that  a  majority  of  rapes  are  unreported. 

The  Prevention  of  Family  Violence  Act  of  1993  defines  marital  rape  as  a  criminal 
offense,  and  it  allows  women  to  obtain  injunctions  against  their  abusive  husbands 
and  partners  in  a  simpler,  cheaper,  and  more  effective  manner  than  under  previous 
legislation.  However,  the  implementation  process  is  inadequate  as  the  police  are 
generally  unwilling  to  enforce  this  act.  As  a  consequence,  a  limited  number  of 
women  pressed  complaints  under  the  law,  despite  government  and  NGO  efforts  to 
increase  public  awareness  of  it. 

Given  the  high  incidence  of  violence  against  women,  the  Government  pledged  in 
1995  to  establisn  centers  for  battered  women.  By  mid-year  a  few  government  grants 
to  NGO's  to  open  shelters  had  been  authorized;  however,  other  NGO-sponsored  shel- 
ters were  facing  closure  or  cutbacks  due  to  lack  of  donor  funding.  The  SAPS  created 
new  police  units  in  1996  dealing  specifically  with  domestic  violence,  child  protection, 
and  sexual  violence,  which  are  intended  in  part  to  increase  victims'  confidence  in 
the  police,  resulting  in  more  victims  coming  forward  to  report  such  crimes.  In  July 
the  TRC  conducted  a  special  hearing  on  abuses  suffered  by  women  under  apartheid. 

Discrimination  against  women  remains  a  serious  problem  despite  legal  and  con- 
stitutional advances  and  government  attention.  For  example,  the  Constitution  pro- 
vides for  "customary  law"  to  be  enforced  "when  applicable,"  subject  to  constitutional 
provisions.  Under  some  of  these  laws,  women  were  prevented  from  owning  land  and 
inheriting  property.  The  new  Interim  Protection  of  Informal  Land  Rights  Act  pro- 
tects persons  who  have  insecure  and  informal  rights  and  interests  in  land;  many 
women  are  in  this  category.  Some  steps  were  taken  to  achieve  greater  economic  ad- 
vancement for  women,  such  as  establishing  an  investment  fund. 

The  Office  on  the  Status  of  Women,  which  was  established  in  1996  and  is  located 
in  the  Deputy  President's  OHlce,  is  intended  to  coordinate  gender  desks  in  each  de- 
partment. These  desks  are  charged  with  reviewing  department  policy  and  develop- 
ing strategies  to  ensure  integration  of  gender  concerns  in  policy  and  planning.  They 
also  undertake  investigations  of  reported  gender  discrimination. 

The  1996  Commission  on  Gender  Equality  Act  established  a  government  body  to 
promote  gender  equality  and  to  advise  and  make  recommendations  to  Parliament 
on  any  legislation  affecting  women.  The  legislation  gives  the  Commission  authority 
to  investigate  allegations  of  gender  discrimination,  including  the  power  of  "search 
and  seizure."  In  early  1997,  after  consultation  with  Parliament,  the  President 
named  the  12  members  of  the  Conrmiission.  Operations  began  in  March,  despite  a 
first-year  budget  that  failed  even  to  cover  commissioners'  salaries.  In  August  the 
Commission  issued  its  first  report  stating  that  the  structures  established  to  protect 
women's  rights  were  "fragile"  and  lacked  resources. 


324 

The  Women's  National  Coalition  (formed  in  1994)  includes  more  than  90  women's 
groups  from  labor,  political  parties,  religious  groups,  trade  unions,  cultural  and  so- 
cial interest  groups,  and  business  and  professional  Dodies. 

Polygyny  continues  to  be  practiced  by  several  ethnic  groups.  However,  generally 
only  the  first  marriage  is  registered  under  civil  law;  subsequent  marriages  are  con- 
ducted under  traditional  rites.  Exacting  a  bride  price  ("lobola  ")  is  also  a  traditional 
practice  of  some  ethnic  groups. 

Children. — The  Constitution  stipulates  that  children  have  the  right  "to  security, 
education,  basic  nutrition,  and  basic  health  and  social  services."  Tne  Government 
remains  firm  in  its  commitment  to  provide  these  services,  and  has  made  some 
progress  toward  developing  the  mechanisms  for  delivering  them.  However,  the  de- 
mand for  such  services  far  outstrips  the  resources  currently  available. 

The  Schools  Bill,  passed  by  Parliament  in  1996,  aims  to  achieve  greater  edu- 
cational opportunities  for  black  children.  It  mandates  compulsory  education  from 
ages  7  to  15,  a  single  syllabus,  and  more  equitable  funding.  The  Government  is  de- 
ploying teachers  from  predominantly  white  to  predominantly  black  schools  in  order 
to  reduce  student/teacher  ratios  in  disadvantaged  schools,  and  to  redistribute  fund- 
ing from  relatively  rich  to  relatively  poor  school  districts.  Student  populations  on 
university  campuses  are  becoming  more  representative  of  the  country's  racial  pro- 
file, with  previously  all-white  universities  reaching  out  to  recruit  students  from 
black  and  colored  townships. 

Social  programs  known  as  'Presidential  Initiatives,"  which  were  included  in  the 
former  Reconstruction  and  Development  Program,  continue  to  receive  government 
support.  These  initiatives  offer  free  health  care  to  pregnant  women  and  to  children 
under  6  years  of  age,  and  provide  nutritious  meals  ior  primary  school  children. 

Violence  against  children  remains  widespread.  Reported  cases  increased  65  per- 
cent between  1993  and  1995. 

The  increase  in  reported  cases  can  be  attributed  to  the  creation  of  special  units 
to  deal  with  these  crimes,  growing  emphasis  on  children's  rights,  and  increased  at- 
tention to  the  problem  by  the  public  and  the  media.  However,  a  lack  of  coordinated 
and  comprehensive  strategies  to  deal  with  such  crimes  continues  to  impede  the  de- 
livery of  needed  services  to  young  victims.  The  murder  in  July  of  a  7-year-old  girl, 
allegedly  at  the  hands  of  the  man  who  was  out  on  bail  for  raping  her,  shocked  the 
nation  and  highlighted  the  .need  for  greater  government  attention  to  violence 
against  children.  The  South  African  Law  Commission  reported  in  August  that  few 
abusers  are  convicted  and  that  laws  dealing  with  child  abuse  are  largely  "ineffec- 
tive." 

Child  prostitution  is  on  the  rise,  primarily  in  Cape  Town,  Durban,  and  Johannes- 
burg. An  increase  in  the  number  of  children  living  on  the  streets  has  contributed 
to  tne  growing  number  of  child  prostitutes.  The  child  sex  industry  has  become  in- 
creasingly organized,  with  children  either  being  forced  into  prostitution  or  exploited 
by  their  parents  to  earn  money  for  the  family. 

Female  genital  mutilation,  which  is  widely  condemned  by  international  health  ex- 
perts as  damaging  to  both  physical  and  psychological  health,  is  traditionally  prac- 
ticed in  some  remote  areas,  although  it  is  not  thought  to  be  widespread.  Traditional 
circumcision  of  teenage  boys  results  in  the  hospitalization,  mutilation,  or  even  death 
of  several  youths  each  year. 

The  law  permits  detention  of  14-  to  18-year-old  juveniles  awaiting  trial  for  serious 
crimes  sucn  as  rape  and  murder.  The  number  of  such  juveniles  in  detention  in- 
creased from  2,013  in  1995  to  3,962  in  April.  In  August  1996,  Correctional  Services 
Minister  Sipo  Mzimela  initiated  a  national  debate  on  the  incarceration  of  juveniles 
by  claiming  that  62  percent  of  the  398  juveniles  awaiting  trial  in  top  security  jails — 
some  as  young  as  12  years — should  not  be  there  because  they  were  being  tried  on 
relatively  minor  charges.  South  African  law  states  that  any  child  under  the  age  of 
14  must  be  released  within  24  hours  into  the  custody  of  a  parent  or  guardian  when 
possible.  In  prior  years,  this  law  caused  great  strains  in  provincial  shelters  or  re- 
sulted in  children  running  away  from  pretrial  care,  usually  back  to  the  streets  and 
the  drugs  and  crime.  In  1997  the  Government  built  the  first  of  at  least  five  planned 
"places  of  safety."  These  special  shelters  protect  children  as  they  await  trial  and  en- 
sure that  they  do  not  run  away  before  their  day  in  court. 

People  With  Disabilities. — The  Constitution  prohibits  discrimination  on  the  basis 
of  disability.  Society  continues  to  promote  an  increasingly  modem  concept  of  people 
with  disabilities  as  a  minority  whose  civil  rights  must  be  protected.  The  Govern- 
ment attempts  to  ensure  that  all  government-funded  projects  take  account  of  the 
needs  of  disabled  citizens.  However,  in  practice,  government  and  private  sector  dis- 
crimination in  employment  of  the  disabled  still  exists.  According  to  the  Affirmative 
Action  Monitor,  fewer  than  two-thirds  of  companies  target  the  disabled  as  part  of 
their  affirmative  action  programs.  The  law  mandates  access  to  buildings  for  people 


325 

with  disabilities,  but  such  regulations  have  rarely  been  enforced  and  until  recently, 
public  awareness  of  them  was  virtually  nonexistent.  The  National  Environmental 
Accessibility  program,  an  NGO  comprising  disabled  consumers  as  well  as  service 
providers,  has  established  a  presence  in  all  nine  provinces  in  order  to  lobby  for  com- 
pliance with  the  regulations  and  to  sue  offending  property  owners  when  necessary. 

Indigenous  People. — The  Constitution  provides  for  tne  recognition  of  "the  institu- 
tion, status,  and  role  of  traditional  leadership,"  and  requires  the  courts  to  "apply 
customary  law  when  that  is  applicable,  subject  to  the  Constitution  and  any  legisla- 
tion that  specifically  deals  with  customary  law." 

The  Constitution  further  permits  legislation  for  the  establishment  of  provincial 
Houses  of  Traditional  Leaders  and  a  National  Council  of  Traditional  Leaders,  to 
deal  with  matters  relating  to  traditional  leadership,  the  role  of  traditional  leaders, 
indigenous  and  customary  law,  and  the  customs  oi  communities  observinjg  a  system 
of  customary  law.  By  midyear,  six  provinces  had  established  Houses  of  Traditional 
Leaders.  Under  the  terms  of  the  Constitution  and  new  implementing  legislation,  the 
National  Council  of  Traditional  Leaders  was  inaugurated  on  April  18.  The  Council 
is  to  advise  the  Government  on  matters  related  to  traditional  authorities  and  cus- 
tomary law. 

National/ Racial/ Ethnic  Minorities. — The  Constitution  and  Bill  of  Rights  prohibit 
discrimination  on  the  basis  of  race,  ethnic  or  social  origin,  and  culture.  The  Govern- 
ment has  begun  reorganizing  and  redesigning  the  educational,  housing,  and  health 
care  systems  to  benefit  all  racial  and  ethnic  groups  in  society  more  equally.  The 
public  and  private  sectors  continue  to  pursue  affirmative  action  programs,  which  are 
permitted  under  the  terms  of  the  Constitution.  The  Government  has  instituted  an 
effective  affirmative  action  program,  and  has  strongly  encouraged  private  firms  to 
do  so.  According  to  a  1996  Department  of  Labor  survey,  82  percent  of  private  sector 
firms  have  instituted  affirmative  action  programs. 

According  to  Affirmative  Action  Monitor,  affirmative  action  policies  have  had  little 
impact  on  the  top  echelons  in  business.  Based  on  the  consultants'  survey  in  1996, 
one-third  of  the  organizations  with  no  programs  did  not  intend  to  implement  one. 
Twelve  percent  of  the  companies  surveyed  said  that  they  had  experienced  a  drop 
in  standards  or  deterioration  in  quality  of  work  due  to  affirmative  action.  However, 
the  country's  black  majority  increasingly  is  making  inroads  into  the  previously  all- 
white  entrepreneurial  sector  through  pooled  investments  and  acquisitions. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  freedom  of  association 
and  the  right  to  strike  and  these  rights  are  given  statutory  effect  in  the  Labor  Rela- 
tions Act  (LRA)  which  went  into  effect  in  November  1996.  All  workers  in  the  private 
sector  are  entitled  to  join  a  union.  Most  workers  in  the  public  sector,  with  the  excep- 
tion of  members  of  the  South  African  National  Defense  Force,  the  National  Intel- 
ligence Agency,  and  the  South  African  Secret  Service,  are  also  entitled  to  join  a 
union.  No  employee  can  be  fired  or  discriminated  against  because  of  membership 
in  or  advocacy  of  a  trade  union.  Union  membership  has  continued  to  decline  steadily 
in  the  last  few  years  as  a  result  of  job  layoffs  and  a  fairly  stagnant  job  creation  rate. 
According  to  omcial  estimates,  there  are  248  registered  trade  unions  and  between 
30  and  40  unregistered  trade  unions,  with  a  total  approximate  membership  of  2.9 
million  persons,  about  30  percent  of  the  formally  employed,  economically  active  pop- 
ulation. The  unemployment  rate  by  comparison  is  estimated  at  between  30  ana  35 
percent. 

The  largest  trade  union  federation,  the  Congress  of  South  African  Trade  Unions 
(COSATU),  is  formally  aligned  with  the  African  National  Congress  (ANC)  and  the 
South  African  Communist  party  (SACP).  Over  60  former  COSATU  members  serve 
in  national  and  provincial  legislatures  and  administrations,  and  scores  more  entered 
local  government.  Its  closest  rival,  the  Federation  of  Unions  of  South  Africa 
(FEDUSA),  is  an  apolitical,  multiracial  federation  that  was  formed  in  1997  by  merg- 
ing several  smaller  worker  organizations.  A  relativeW  minor  labor  federation,  the 
National  Council  of  Trade  Unions  (NACTU),  while  officially  independent  of  anv  po- 
litical grouping,  has  close  ties  to  the  Pan  Africanist  Congress  (PAC)  and  the 
Azanian  Peoples  Organization  (AZAPO). 

The  LRA  seeks  to  create  an  industrial  relations  regime  that  is  stable  and  recog- 
nizes that  basic  worker  rights  need  to  be  protected.  The  act  protects  workers  against 
unfair  dismissal,  recognizes  their  right  to  form  trade  unions,  enshrines  the  right  to 
strike,  and  establishes  a  simple  set  of  procedures  that  protect  striking  workers  from 
the  threat  of  dismissal.  Essentially,  for  a  strike  to  proceed,  all  that  is  required  is 
that  a  dispute  be  referred  for  conciliation.  If  conciliation  fails  to  resolve  the  dispute, 
then  a  trade  union  is  entitled  to  advise  an  employer  of  an  intent  to  strike.  Such 
a  strike  is  not  liable  to  criminal  or  civil  action.  Organized  labor  also  has  the  right 


326 

to  engage  in  "socioeconomic  protest,"  whereby  workers  can  demonstrate,  without 
fear  oY  losing  their  jobs,  in  furtherance  of  broader  social  issues.  The  LRA  also  allows 
employers  to  hire  replacement  labor  for  striking  employees,  but  only  after  giving  7 
days'  notice  to  the  striking  trade  union.  Employers  have  the  right  to  lock  out  work- 
ers if  certain  conditions  are  met. 

The  LRA  applies  to  public  sector  as  well  as  private  sector  workers.  Public  sector 
employees,  with  the  exception  of  essential  services  and  the  three  components  of  the 
security  services,  are  also  provided  with  the  right  to  strike.  While  this  right  was 
first  asserted  in  the  Public  Sector  Labor  Relations  Act  of  1993,  the  LRA  simplifies 
and  rationalizes  collective  bargaining  in  the  public  sector  and  the  resort  to  indus- 
trial action. 

The  Grovernment  does  not  restrict  union  affiliation  with  regional  or  international 
labor  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  defines  and  protects 
the  rights  to  organize  and  bargain  collectively.  The  Government  does  not  interfere 
with  union  organizing  and  generally  has  not  interfered  in  the  collective  bargaining 
process.  The  l3lA  statutorily  entrenches  "organizational  rights,"  such  as  trade  union 
access  to  worksites,  deductions  for  trade  union  subscriptions,  and  leave  for  trade 
union  officials,  which  strengthen  the  ability  of  trade  unions  to  organize  workers. 

Union  participation  as  an  equal  partner  with  business  and  government  in  the  Na- 
tional Economic  Development  and  Labor  Council  (NEDLAC),  a  tripartite  negotiating 
forum,  ensures  a  direct  voice  for  labor  in  the  formulation  of  economic,  social,  and 
labor  policy. 

The  LRA  allows  for  the  establishment  of  workplace  forums  that  are  intended  to 
promote  broad-based  consultation  between  management  and  labor  over  issues  such 
as  work  organization,  corporate  downsizing,  ana  changes  in  production  processes. 
The  forums,  in  order  to  receive  statutory  protection,  can  be  established  by  trade 
unions  in  businesses  with  more  than  100  employees  only.  While  to  date,  trade 
unions  in  less  than  a  handful  of  factories  have  established  workplace  forums,  the 
intent  of  the  law  is  to  build  wide  support  within  the  trade  union  movement  and 
business  for  such  cooperative  workplace  relationships. 

To  further  reduce  the  adversarial  nature  of  labor  relations,  the  LRA  also  created 
a  Commission  for  Conciliation,  Mediation,  and  Arbitration  (CCMA).  Since  its  incep- 
tion in  November  1996,  the  CCMA  has  successfully  resolved  many  disputes  referred 
to  it  and  remains  critical  to  the  emergence  of  a  less  confrontational  business  cli- 
mate. The  CCMA  is  also  gradually  beginning  to  play  an  interventionist  role  by  get- 
ting involved  in  disputes  before  they  deteriorate  into  a  full-fledged  strike  or  lockout. 
A  Labor  Court  and  a  Labor  Appeals  Court  are  other  important  creations  of  the  LRA. 
The  labor  court  has  jurisdiction  to  resolve  disputes  that  the  CCMA  is  unable  to  me- 
diate to  the  satisfaction  of  both  parties.  Notwithstanding  the  existence  of  the  CCMA 
and  specialist  courts  for  labor  disputes,  the  thrust  of  industrial  relations  is  to  mini- 
mize the  need  for  judicial  intervention  in  labor  relations  leaving  it  to  the  contending 
parties  themselves  to  resolve  disputes  whenever  possible. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  labor  of  either  adults  or 
children  is  illegal  under  the  Constitution  and  is  not  practiced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment.— Employ- 
ment of  minors  under  the  age  of  15  is  prohibited  by  law.  However,  the  law  gives 
discretionary  powers  to  the  Minister  of  Welfare  to  exempt  certain  types  of  work  to 
allow  individual  employers  or  groups  of  employers  to  hire  children  under  certain 
conditions  (for  example,  on  weekends  and  holidays  when  they  are  not  in  school). 
This  is  common  practice  in  the  agricultural  and  informal  sector.  Child  labor  also  is 
used  in  the  informal  economy. 

The  fact  that  children  between  15  and  18  years  of  age  are  not  protected  bv  child 
labor  laws  has  caused  some  debate  within  the  Government.  Labor  Director  General 
Sipho  Pityana  stated  that  there  were  about  200,000  children  working  in  South  Afri- 
ca in  1997,  some  as  young  as  5  years  old.  This  figure  did  not  include  unpaid  domes- 
tic work  or  children  working  in  the  informal  sector.  Child  labor  figures  for  the  infor- 
mal sector  are  nearly  impxjssible  to  quantify,  since  the  Government  has  yet  to  iden- 
tify the  size  of  the  informal  sector's  contribution  to  employment  and  the  economy 
in  general.  The  Government  states  a  continuing  commitment  to  abolishing  child 
labor  through  new  legislation  and  improving  the  enforcement  of  current  child  labor 
laws. 

e.  Acceptable  Conditions  of  Work. — There  is  no  legally  mandated  national  mini- 
mum wage.  Instead,  unionized  workers  in  the  formal  sector  of  the  economy  set  wage 
rates  on  an  industry -by-industry  basis  via  annual  negotiations  with  employer  orga- 
nizations. In  those  sectors  where  workers  are  not  sufTiciently  organized  to  engage 
in  the  collective  bargaining  process,  the  Wage  Act  gives  the  Minister  of  Labor  the 


327 

authority  to  set  wages.  The  Wage  Act,  however,  does  not  apply  to  farm  laborers  or 
domestic  workers. 

Occupational  health  and  safety  issues  are  a  top  priority  of  trade  unions,  especially 
in  the  mining  and  heavy  manufacturing  industries.  Although  attention  to  these  is- 
sues has  increased  dramatically,  including  passage  in  1993  of  the  Occupational 
Health  and  Safety  Act,  the  country's  industrial  and  mining  processes  are  dangerous 
and  sometimes  deadly.  Government  attempts  to  reduce  mining  fatalities  culminated 
in  the  1996  Mine  Health  and  Safety  Act,  which  went  into  efTect  in  January.  The 
new  act  provides  for  the  right  of  an  employee  to  remove  himself  from  work  deemed 
dangerous  to  health  and/or  safety.  Moreover,  it  establishes  a  tripartite  Mine  Health 
and  Safety  Council,  and  an  Inspectorate  of  Mine  Health  and  Safety  tasked  with  en- 
forcing the  act  and  monitoring  compliance  with  its  provisions.  The  act  specifically 
makes  it  an  offense  for  a  company  to  discriminate  against  an  employee  who  asserts 
a  right  granted  by  the  act  (for  example,  to  leave  a  hazardous  work  site)  and  requires 
mine  owners  to  file  annual  reports  that  provide  statistics  on  health  and  safety  inci- 
dents for  each  mine  being  worked. 

The  Parliament  passed  the  basic  conditions  of  employment  bill  in  November.  This 
bill  standardizes  time  and  one-half  pay  for  overtime,  establishes  a  shorter  45  hour 
workweek,  and  longer  maternity  leave  for  women  (4  months  instead  of  3).  There 
was  substantial  debate  over  this  bill,  until  labor  and  business  interests  agreed  on 
a  compromise  bill  that  should  go  into  efTect  in  1998  after  ratification  by  the  provin- 
cial governments. 


SUDAN 


The  1989  military  coup  that  overthrew  Sudan's  democratically  elected  government 
brought  to  power  Lt.  General  Omar  Hassan  Al-Bashir  and  his  National  Salvation 
Revolution  Command  Council  (RCC).  Bashir  and  the  RCC  suspended  the  1985  Con- 
stitution, abrogated  press  freedom,  and  disbanded  all  political  parties  and  trade 
unions.  In  1993  the  RCC  dissolved  itself  and  appointed  Bashir  President.  In  March 
1996  Bashir  won  highly  structured  national  elections  as  President,  while  a  National 
Assembly  with  275  of  400  members  popularly  elected  in  a  deeply  Hawed  process  re- 
placed the  transitional  national  assembly.  The  opposition  boycotted  the  electoral 
process.  Despite  promulgation  of  national  institutions  and  an  interim  constitution 
through  constitutional  decrees,  the  Government  continues  to  restrict  most  civil  lib- 
erties. Since  1989  real  power  has  rested  with  the  National  Islamic  Front  (NIF), 
founded  by  Dr.  Hassan  Al-Turabi,  who  became  speaker  of  the  National  Assembly 
in  1996.  NIF  members  and  supporters  continue  to  hold  kev  positions  in  the  Govern- 
ment; security  forces;  judiciary;  academic  institutions;  ana  the  media.  The  supreme 
political  institution,  the  National  Convention,  which  sets  national  policy  guidelines, 
is  also  under  NIF  control.  The  judiciary  is  subject  to  government  influence. 

The  civil  war,  which  has  resulted  in  the  death  of  more  than  1.5  million  Sudanese, 
continued  into  its  15th  year.  The  principal  insurgent  faction  is  the  Sudan  People's 
Liberation  Movement  (SPLM),  a  oody  created  by  the  Sudan  People's  Liberation 
Army  (SPLA).  The  SPLA  remains  the  principal  military  force  in  the  insurgency.  In 
April  the  South  Sudan  Independence  Movement/Army  (SSIM/A),  which  broke  away 
from  the  SPLA,  and  several  smaller  southern  factions  concluded  a  peace  agreement 
with  the  Government.  These  former  insurgent  elements  then  formed  the  United 
Democratic  Salvation  Front  (UDSF).  However,  the  SPIJVI,  its  armed  wing,  the 
SPLM/A,  and  most  independent  analysts  have  regarded  the  April  21  Agreement  as 
a  tactical  government  eftbrt  to  enlist  southerners  on  its  side.  The  SPLM/A  and  its 
northern  allies  in  the  National  Democratic  Alliance  (NDA)  carried  out  successful 
military  ofTensives  in  areas  along  the  borders  with  Ethiopia  and  Eritrea  and  in  large 
parts  of  the  south  during  the  year.  Neither  side  appears  to  have  the  ability  to  win 
the  war  militarily.  There  was  some  progress  toward  peace  during  the  year.  At  a 
July  meeting  of  the  regional  Intergovernmental  Authority  on  Development  (IGAD), 
President  Bashir  accepted  the  1994  IGAD  Declaration  of  Principles  as  "the  basis  for 
discussions  and  negotiations"  for  peace.  The  Government  had  rejected  that  docu- 
ment in  1994,  while  the  SPLM/A  had  accepted  it.  Government  and  SPLM/A  delega- 
tions met  with  the  IGAD  in  September  and  participated  in  IGAD-mediated  peace 
talks. 

In  addition  to  the  regular  police  and  the  Sudan  People's  Armed  F'orces  (SPAF), 
the  Government  maintains  an  external  security  organ,  an  internal  security  organ, 
a  militia  known  as  the  Popular  Defense  Forces  (PDF),  and  a  number  of  police  forces, 
including  the  public  order  police  whose  mission  includes  enforcing  proper  social  be- 
havior, including  restrictions  on  alcohol  and  "immodest  dress."  In  addition  to  the 


45-909    98-12 


328 

group  of  regular  police  forces,  there  is  the  Popular  Police  Force,  which  is  made  up 
of  nominees  from  neighborhood  popular  committees  for  surveillance  and  services, 
and  acts  with  police  powers  for  political  and  social  ends.  Members  of  the  security 
forces  committed  numerous  serious  human  rights  abuses. 

Civil  war,  economic  mismanagement,  over  4  million  internally  displaced  persons 
in  a  country  of  an  estimated  27.5  million  persons,  and,  to  a  lesser  extent,  the  refu- 
gee influx  from  neighboring  countries  have  devastated  Sudan's  mostly  agricultural 
economy.  Exports  of  gum  arabic,  livestock,  and  meat  accounted  for  more  than  50 
percent  of  export  earnings.  Reforms  aimed  at  privatizing  state-run  firms  and  stimu- 
lating private  investment  failed  to  revive  a  moribund  economy  saddled  with  massive 
militaiy  expenditures  and  a  huge  foreign  debt  of  approximately  $16  billion.  Per  cap- 
ita national  income  is  estimated  at  $900  per  year. 

The  human  rights  situation  remained  extremely  poor,  and  the  Government  com- 
mitted serious  human  rights  abuses.  Citizens  do  not  have  the  ability  to  change  their 
government  peacefully.  Government  forces  were  responsible  for  extrajudicial  killings 
and  disappearances.  Government  security  forces  regularly  tortured,  beat,  harassed, 
arbitrarily  arrested,  and  detained  opponents  or  suspected  opponents  of  the  Govern- 
ment with  impunity.  Prison  conditions  are  harsh,  and  the  judiciary  is  largely  sub- 
servient to  the  Government.  The  authorities  do  not  ensure  due  process,  and  the 
military  forces  summarily  tried  and  punished  citizens.  The  Government  still  does 
not  fully  apply  the  laws  of  war  to  the  southern  insurgency  and  has  taken  few  pris- 
oners of  war. 

The  Government  continued  to  restrict  freedom  of  privacy,  assembly,  association, 
religion,  and  movement.  The  Government  eased  restrictions  on  freedom  of  the  press 
in  May;  however,  all  journalists  continue  to  practice  self-censorship.  There  are  no 
independent  human  rights  organizations.  In  the  context  of  the  Islamization  and 
Arabization  drive,  pressure — including  forced  Islamization — on  non-Muslims  re- 
mained strong.  Fears  of  Arabization  and  Islamization  and  the  imposition  of  Shari'a 
(Islamic  law)  fueled  support  for  the  civil  war  throughout  the  country.  Discrimination 
and  violence  against  women  and  abuse  of  children  continued.  Discrimination  against 
religious  and  ethnic  minorities  persisted,  as  did  government  restrictions  on  worker 
rights.  Child  labor  is  a  problem.  Slavery  remains  a  problem.  Government  security 
forces  were  responsible  for  forced  labor,  slavery,  and  forced  conscription  of  children. 

On  a  less  negative  note,  the  Government  continued  cooperation  with  international 
human  rights  monitors.  The  U.N.  Special  Rapporteur  on  Sudan  twice  visited  areas 
under  the  Government's  control,  although  his  first  visit  was  aborted  when  he  left 
the  country  after  the  Government  stated  that  it  could  not  ensure  his  security.  The 
Government  also  invited  the  Working  Group  on  Contemporary  Forms  of  Slavery;  it 
had  not  visited  as  of  year's  end. 

Cooperation  with  U.N. -sponsored  relief  operations  was  mixed.  Government  forces 
periodically  obstructed  the  flow  of  humanitarian  assistance.  Problems  with  relief 
flights  in  the  south  centered  on  the  Government's  denial  of  aircraft  clearances  to 
both  the  U.N.  Operation  Lifeline  Sudan  and  the  International  Committee  of  the  Red 
Cross  (ICRC).  The  Government  failed  to  resolve  the  problem  of  false  accusations 
that  it  had  made  against  the  ICRC  in  November  1996  in  which  it  alleged  that  the 
ICRC  transported  of  arms  and  ammunition.  As  a  result,  the  ICRC  undertook  only 
severely  limited  operations  during  the  year. 

Insurgent  groups  continued  to  commit  numerous,  serious  abuses.  The  SPLM/A 
continued  to  violate  citizens'  rights,  despite  its  claim  to  be  implementing  a  1994  de- 
cision to  assert  civil  authority  in  areas  that  it  controls,  and  in  many  cases,  has  con- 
trolled for  many  years.  The  SPLM/A  was  responsible  for  extrajudicial  killings,  beat- 
ings, arbitrary  detention,  forced  conscription,  and  occasional  arrests  of  foreign  relief 
workers  without  charge.  The  SPLM/A  again  failed  to  follow  through  on  its  promise 
to  investigate  a  1995  massacre.  SPLM/A  leaders  were  guilty  of,  or  complicit  in,  theft 
of  property  of  nongovernmental  organizations  (NGO's)  and  U.N.  agencies  operating 
in  the  south.  The  ICRC  reported  in  1996  that  the  SPLA  had  begun  to  observe  some 
basic  laws  of  war;  it  takes  prisoners  on  the  battlefield  and  permits  ICRC  visits  to 
them.  However,  the  SPLA  did  not  allow  the  ICRC  to  visit  prisoners  accused  by  the 
insurgent  group  of  "treason"  or  other  crimes. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — In  their  attacks  on  insurgent  forces, 
government  troops  killed  civilians  (see  Section  l.g.). 

Insurgent  forces  committed  political  and  other  extrajudicial  killings;  however,  de- 
tails are  generally  unavailable.  There  are  reliable  reports  that  rebel  forces  that  cap- 


329 

tured  villages  along  the  border  with  Ethiopia  in  January  carried  lists  used  to  iden- 
tify leading  government  figures  whom  they  summarily  killed. 

Kebels  also  killed  civilians  during  their  attacks  on  government  forces  (see  Section 
l.g.). 

b.  Disappearance. — There  were  continued  allegations  that  the  Government  was  re- 
sponsible for  the  arrest  and  subsequent  disappearance  of  those  suspected  of  support- 
ing rebels  in  government-controlled  zones  of  the  south  and  the  Nuba  Mountains. 

In  June  the  Government's  Advisory  Council  on  Human  Rights  released  the  results 
of  an  independent  judicial  commission's  investigations  into  the  fate  of  some  of  the 
scores  of  persons  arrested  by  government  forces  in  Juba  in  1992  who  had  dis- 
appeared. The  commission's  report  lacked  details,  and  its  description  of  the  "confes- 
sions" of  five  citizens  was  not  credible.  These  confessions  formed  the  basis  for  the 
execution  of  these  persons  after  a  trial  by  a  military  tribunal,  which  reportedly  was 
conducted  under  the  law  with  the  approval  of  the  Attorney  General. 

In  1996  the  Government  established  a  Special  Commission  to  Investigate  Slavery 
and  Disappearances  in  response  to  a  resolution  passed  by  the  1995  U.N.  General 
Assembly. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Government's  official  and  unofficial  security  forces  continued  to  torture  and 
beat  suspected  opponents.  In  March  the  U.N.  Special  Rappxirteur  on  Torture  de- 
scribed torture  as  a  fairly  extensive  problem. 

Torture  victims  included  youth  and  student  leaders  and  those  deemed  opponents 
of  the  Government.  In  March  armed  security  personnel  with  handheld  radios  de- 
tained Ahlia  University  student,  Magdi  Abdelmoniem  Hassan,  chairman  of  the  stu- 
dent union  of  the  university.  They  took  him  to  two  locations  where  they  severely 
beat  him.  Photographs  show  weals  on  his  back  and  his  medical  report  also  indicated 
a  ruptured  ear  drum.  Senior  political  prisoners  released  in  May  after  being  held 
since  January  stated  that  fellow  detainees  who  were  youths  and  students  and  those 
allegedly  affiliated  with  the  rebels  were  beaten  badly  while  in  custody.  In  mid-Sep- 
tember security  forces  arrested  and  beat  Osman  Zein  Al-Abdin  Issa,  an  independent 
student  activist  from  Khartoum  University.  There  were  credible  reports  in  Septem- 
ber that  security  forces  in  Juba  severely  beat  a  Sudanese  Protestant  Christian  cler- 
gyman. In  December  security  forces  beat  approximately  50  women  who  attempted 
to  deliver  a  petition  to  the  U.N.  office  in  Khartoum  (see  Section  2.a.).  Security  forces 
also  beat  defendants  in  the  1996  coup  attempt  (see  Section  I.e.). 

There  were  reports  that  security  forces  tortured  persons  in  "ghost  houses,"  places 
where  security  forces  detain  government  opponents  incommunicado  under  harsh 
conditions  for  an  indeterminate  time  with  no  suf>ervision  by  the  courts  or  other 
independent  authorities  with  power  to  release  the  detainees.  The  use  of  ghost 
houses  increased  in  the  first  part  of  the  year,  then  generally  declined  due  to  in- 
creased government  control,  which  reduced  the  incidence  of  such  abusive  measures. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Arbitrary  arrest  and  detention  remain 
problems.  Legal  provisions  under  the  1992  and  1995  National  Security  Acts  and 
Criminal  Code  effectively  set  a  fairly  simple  process  to  detain  anyone  for  3  months. 
A  presidential  determination,  supported  by  a  magistrate,  may  serve  to  detain  a  per- 
son for  an  additional  3  months.  Allegations  continue  that  some  individuals  are  de- 
tained indefinitely. 

The  law  allows  for  bail,  except  for  those  accused  of  crimes  punishable  by  death 
or  life  imprisonment.  In  theory,  the  Government  provides  legal  counsel  for  indigent 
persons  in  such  cases.  However,  reports  continue  that  defendants  do  not  always  re- 
ceive this  right,  and  that  counsel  in  some  cases  may  only  advise  the  defendant  and 
may  not  address  the  court. 

Authorities  continued  to  detain  political  opponents  of  the  Government  during  the 
year. 

In  December  security  forces  beast  and  arrested  approximately  50  women  who  had 
tried  to  deliver  a  petition  to  the  U.N.  offices  in  Khartoum  (see  Section  2.a.). 

In  the  wake  of  January  attacks  into  Sudan  from  across  the  Ethiopian  border 
north  and  south  of  the  Blue  Nile  river,  authorities  arrested  many  persons.  The  (jov- 
emment  released  prominent  political  figures  by  the  end  of  May,  but  still  held  a 
number  of  student  leaders  and  those  said  to  have  been  accused  of  contacts  with  the 
insurgents  at  year's  end. 

The  Government  does  not  use  forced  exile;  however,  some  prominent  political 
leaders  fled  into  exile. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  not  independent  and  is  largely 
subservient  to  the  (Jovemment.  The  Chief  Justice  of  the  Supreme  Court,  formerly 
elected  by  sitting  judges,  is  now  appointed.  As  the  senior  judge  in  the  judicial  serv- 
ice, he  also  controls  the  judiciary. 


330 

The  judicial  system  includes  four  types  of  courts:  Regular  courts,  both  criminal 
and  civil;  special  mixed  security  courts;  military  courts;  and  tribal  courts  in  rural 
areas  to  resolve  disputes  over  land  and  water  rights  and  family  matters. 

The  1991  Criminal  Act  governs  criminal  cases,  and  the  1983  Civil  Transactions 
Act  applies  in  most  civil  cases.  Military  trials,  which  are  sometimes  secret  and  brief, 
do  not  provide  procedural  safeguards,  have  sometimes  taken  place  with  no  advocate 
or  counsel  permitted,  and  do  not  provide  effective  appeal  from  a  death  sentence. 
Other  than  for  clemency,  witnesses  may  be  permitted  to  appear. 

Trials  in  regular  courts  nominally  meet  international  standards  of  legal  protec- 
tions. For  example,  the  accused  normally  have  the  right  to  counsel,  and  the  courts 
are  required  to  provide  free  legal  counsel  for  indigent  defendants  accused  of  crimes 
punishable  by  death  or  life  imprisonment.  In  practice,  however,  these  legal  protec- 
tions are  unevenly  applied. 

In  1989  the  Special  Courts  Act  created  special  three-person  security  courts  to  deal 
with  a  wide  range  of  offenses,  including  violations  of  constitutional  decrees,  emer- 
gency regulations,  some  sections  of  the  Penal  Code,  as  well  as  drug  and  currency 
offenses.  Special  courts,  on  which  both  military  and  civilian  judges  sit,  handle  most 
security  related  cases.  Attorneys  may  advise  defendants  as  "friends  of  the  court"  but 
normally  may  not  address  the  court.  Lawyers  complain  that  they  are  sometimes 
granted  access  to  court  documents  too  late  to  prepare  an  efTective  defense.  Sentences 
are  usually  severe  and  implemented  at  once.  Death  sentences,  however,  are  referred 
to  the  Chief  Justice  and  the  Head  of  State.  Defendants  may  file  appellate  briefs 
with  the  Chief  Justice. 

In  December  authorities  convicted  35  women  on  charges  of  "disturbance"  and 
"raising  riots"  in  an  apparently  rigged  trial  (see  Section  2.a.). 

The  Government  dissolved  the  respected  Sudanese  Bar  Association  in  1989  and 
reinstated  it  with  an  NEF -controlled  leadership.  Lawyers  who  wish  to  practice  must 
maintain  membership  in  the  Bar  Association.  The  results  of  the  September  election 
of  officers  of  the  Bar  Association,  marked  by  blatant  irregularities,  were  nullified 
under  widespread  suspicion  of  fraud  by  supporters  of  the  NIF.  Bar  Association  elec- 
tions were  conducted  again  in  December.  The  NIF-associated  group  won  overwhelm- 
ingly, again  amid  accusations  of  blatant  fraud.  Human  rights  monitors  report  that 
the  Government  continued  to  harass,  detain,  and  torture  members  of  the  legal  pro- 
fession whom  it  viewed  as  political  opponents. 

The  Government  officially  exempts  the  10  southern  states,  whose  population  is 
mostly  non-Muslim,  from  parts  of  the  Criminal  Act.  However,  the  Act  permits  the 
possible  future  application  of  Shari'a  law  in  the  south,  if  the  state  assemblies  so  de- 
cide. No  reports  cited  court-ordered  hudud  punishments,  other  than  lashings,  in  gov- 
ernment-controlled areas  of  the  south.  Fear  of  the  imposition  of  Shari'a  law  re- 
mained a  key  issue  in  the  rebellion. 

Parts  of  the  south  and  the  Nuba  Mountains  fell  outside  efTective  judicial  proce- 
dures and  other  governmental  functions.  According  to  credible  reports,  government 
units  summarily  tried  and  punished  those  accusea  of  crimes,  especially  for  offenses 
against  civil  order. 

Sentences  were  announced  during  the  year  for  persons  accused  in  the  1996  coup 
attempts.  Reports  of  the  secret  trials  indicated  that  12  defendants  were  convicted 
and  sentenced  to  imprisonment  for  up  to  7  years  for  the  March  coup  attempt.  Seven 
civilians  and  nine  soldiers  were  convicted  in  the  April  coup  attempt  and  sentenced 
to  up  to  5  years'  imprisonment.  Many  defendants  from  both  cases  were  acquitted, 
including  cameraman  Osama  Ghandi.  According  to  Human  Rights  Watch,  Ghandi 
retracted  his  confession  in  court  and  showed  scars  that  resulted  from  beatings  used 
to  obtain  his  confession. 

Magistrates  in  SPLM/A-held  areas  follow  a  Penal  Code  roughly  based  on  the  1925 
Sudan  code.  In  rural  areas  outside  effective  SPLM  control,  tribal  chiefs  apply  cus- 
tomary laws.  In  1996  the  SPLM  proclaimed  a  civilian  structure  to  eliminate  the  se- 
cret and  essentially  political  trials  conducted  by  military  commanders  in  previous 
years,  but  at  year's  end  there  was  still  no  evidence  to  indicate  that  any  such  civilian 
trials  had  been  held. 

The  Government  maintains  that  it  holds  no  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Government  routinely  interferes  with  its  citizens  privacy.  Security  forces  frequently 
conducted  night  searches  without  warrants.  They  targeted  persons  suspected  of  po- 
litical crimes,  and  in  the  north,  persons  suspected  of  making  alcoholic  beverages, 
which  are  illegal. 

Security  personnel  routinely  opened  and  read  mail  and  monitored  telephones.  The 
Government  continued  to  restrict  the  ownership  of  satellite  dishes  by  private  citi- 
zens through  use  of  its  licensing  requirement. 


331 

A  Muslim  man  may  marry  a  non-Muslim,  but  a  Muslim  woman  cannot  marry  a 
non-Muslim,  unless  he  converts  to  Islam.  However,  this  prohibition  is  not  univer- 
sally observed,  particularlv  in  the  south  and  among  Nuoians.  Non-Muslims  may 
adopt  only  non-Muslim  children;  no  such  restrictions  apply  to  Muslims. 

Various  government  bodies  have  decreed  on  different  occasions  that  women  must 
dress  according  to  modest  Islamic  standards  (see  Sections  I.e.  and  5.). 

The  Government  razed  thousands  of  squatter  dwellings  in  Khartoum  during  the 
year.  Most  inhabitants  knew  that  their  homes  were  slated  for  destruction  but  not 
when  it  would  occur.  Bulldozers  typically  arrived  unannounced  in  a  neighborhood 
and  carried  out  the  razing  the  same  day.  Although  the  Government  promised  to  sell 
the  inhabitants  a  plot  oi  land  for  approximately  $145,  many  were  made  homeless 
temporarily.  Usually,  the  inhabitants  established  temporary  shelters  on  the  site  of 
their  razed  dwellings  until  they  could  gain  title  to  a  plot  of  land.  Muslims  who  did 
not  have  sufficient  money  to  purchase  the  land  and  construct  a  dwelling  could  ob- 
tain assistance  from  Islamic  charities;  others  could  not.  By  September  the  Khar- 
toum state  government  had  begun  to  implement  procedures  to  grant  title  and  move 
squatters  in  advance  of  demolition. 

A  wide  network  of  government  informants  conducted  pervasive  surveillance  in 
schools,  universities,  markets,  workplaces,  and  neighborhoods.  The  Government  dis- 
banded political  parties  and  prevented  citizens  from  forming  new  political  groups. 
The  Government  continued  to  summarily  dismiss  military  personnel  and  other  gov- 
ernment employees  whose  loyalty  was  suspect.  The  government  committee  set  up 
in  August  1995  to  review  cases  of  persons  summarily  dismissed  since  the  1989  coup 
in  theory  continued  to  function.  However,  no  results  have  been  released  since  May 
1996. 

Government-instituted  neighborhood  "popular  committees" — ostensibly  a  mecha- 
nism for  political  mobilization — served  as  a  means  for  monitoring  households'  activi- 
ties. These  committees  caused  many  citizens  to  be  wary  of  neighbors  who  could  re- 
¥ort  them  for  "suspicious"  activities,  including  "excessive"  contact  with  foreigners, 
he  committees  also  furnished  or  withheld  documents  essential  for  obtaining  an  exit 
visa.  In  high  schools,  students  were  sometimes  pressured  to  join  pro-regime  youth 
groups. 

Both  the  Government  and  rebel  factions  continued  to  conscript  citizens  forcibly, 
including  high  school  age  children  (see  Section  6.c.). 

The  insurgent  SPLA^A  is  not  known  to  interfere  with  privacy,  family,  home,  or 
correspondence  in  areas  that  it  controls,  although  correspondence  is  difTicult  in  war 
zones. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.—Since  the  civil  war  resumed  in  1983,  more  than  1.5  million  people  have  been 
killed  as  a  result  of  fighting  between  the  Government  and  insurgents  in  the  south. 
The  civil  war  continued  unabated,  and  all  sides  involved  in  the  fighting  were  re- 
sponsible for  abuses  in  violation  of  humanitarian  norms.  At  year's  end,  the  (govern- 
ment controlled  virtually  all  the  northern  two-thirds  of  the  country,  but  had  lost  sig- 
nificant areas  of  the  southern  third  to  the  SPLA.  In  January  insurgents  operating 
under  the  NDA  moved  from  small  scale  activities  in  the  areas  that  border  Ethiopia 
and  Eritrea  to  larger  scale  attacks.  Government  aircraft  and  helicopter  gun  ships 
bombed  or  attacked  civilian  areas  in  the  south  and,  according  to  African  Rights,  in 
the  Nuba  Mountains.  The  NGO  Christian  Solidarity  International  reported  govern- 
ment bombing  of  villages  in  Blue  Nile  province. 

Government  aircraft  dropped  bombs  near  Moyo  and  Koboko  in  Uganda.  The  Gov- 
ernment admitted  that  the  Moyo  bombing  was  in  error,  but  did  not  comment  on  the 
Koboko  bombing. 

Government  forces  routinely  killed  rebel  soldiers  captured  on  the  battlefield.  Only 
a  small  group  of  prisoners  captured  before  the  1989  coup  are  reported  held  as  pris- 
oners of  war  in  government-controlled  areas.  These  persons  are  believed  to  be  neld 
in  Juba  and  were  visited  by  the  ICRC  in  past  years. 

Government  restrictions  in  practice  limited  or  denied  travel  by  relief  nongovern- 
mental organizations  to  many  areas  long  controlled  by  insurgents.  The  U.N."s  Oper- 
ation Lifeline  Sudan,  a  coalition  of  relief/aid  NGO's,  was  allowed  to  operate  in  the 
south. 

Rape  of  women  is  committed  by  members  of  both  parties  to  the  confiict  in  the 
south.  Both  sides  routinely  displaced  and  often  killed  civilians  or  destroyed  clinics 
and  dwellings  intentionally  during  their  ofTensive  operations. 

Insurgent  forces  along  the  border  with  Eritrea  laid  land  mines,  which  caused  cas- 
ualties to  civilian  travelers  as  well  as  to  military  forces. 

Northern  Muslim  opposition  groups  under  the  1995  NDA  umbrella  structure, 
which  includes  the  SPLA,  took  military  action  against  the  Government.  The  NDA 
attacked  government  garrisons  and  strategic  points  near  the  Ethiopian  and  Eritrean 


332 

borders  and  seized  a  number  of  villages  during  attacks  in  January.  Its  forces  also 
indiscriminately  laid  land  mines  on  roads  and  paths,  which  killed  and  maimed  both 
soldiers  and  civilians.  The  SPLA  has  taken  a  number  of  prisoners  over  the  years, 
many  during  its  offensive  from  October  to  December  1995.  The  ICRC  regularly  vis- 
ited many  of  these  prisoners,  but  was  refused  permission  to  visit  SPLA  criminal  and 
civil  prisoners.  The  SPLM/A  has  returned  some  prisoners  of  war  to  the  Government 
under  parole. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Government  severely  curtails  freedom  of 
speech  and  press.  Government  intimidation  and  surveillance,  fostered  in  part  by  an 
informer  networic,  continued  to  inhibit  open,  public  discussion  of  political  issues. 
Journalists  practice  self-censorship. 

On  December  1,  security  forces  severely  beat  50  women  who  attempted  peacefully 
to  deliver  a  petition  to  the  U.N.  offices  in  Khartoum.  A  total  of  36  women  were  sub- 
sequently arrested  and  charged  with  "disturbance"  and  "raising  riots."  The  women 
were  tried  that  night  in  a  public  order  proceeding  whose  outcome  apparently  was 
predetermined  by  the  authorities.  All  except  one  of  the  women  were  fined  approxi- 
mately $6  each;  the  other  woman  was  lashed  40  times.  Of  the  five  defense  lawyers, 
the  male  lawyer  was  fined  approximately  $300,  and  the  four  female  lawyers  were 
sentenced  to  10  lashes  each,  on  undetermined  charges.  The  Government  failed  to 
condemn,  investigate,  or  discuss  the  action,  and  both  the  brutal  attack  and  the 
rigged  trial  apparently  were  intended  to  intimidate  and  humiliate  opponents  of  the 
regime. 

The  Government  strictly  controlled  the  print  media,  including  government  dailies, 
but  eased  its  restrictions  in  May.  It  modified  the  November  1996  Press  and  Publica- 
tions Law.  It  changed,  among  other  things,  the  composition  of  the  Press  Council, 
which  overseas  journalism  and  media  afiairs.  Some  lively  discussions  of  domestic 
and  foreign  policy  have  taken  place  in  the  press  since  then.  However,  in  mid-May 
police  detained  and  released  on  bail  Alwan  reporter  Ishraga  Al-nour  for  writing  that 
the  inadequate  training  of  the  Popular  Police  resulted  in  injuries,  threatening  public 
safety.  The  Popular  Police  eventually  withdrew  the  charges  against  her.  At  least 
five  privately  owned  daily  newspapers  operated  as  of  year's  end.  Al-rai  Al-akher  re- 
sumed publishing  in  June,  having  won  a  cxiurt  case  against  the  Government  dating 
to  its  closure  the  previous  year.  A  wide  variety  of  Arabic  and  English  publications 
are  available,  but  they  are  subject  to  censorship.  All  journalists,  even  in  the  pri- 
vately owned  Arabic  daily  press,  still  practice  sell-censorship. 

Radio  and  television  are  controlled  directly  by  the  Government  and  are  required 
to  reflect  government  and  NIF  policies.  Sudan  television  has  a  permanent  military 
censor  to  ensure  that  the  news  reflects  official  views. 

The  Grovemment  often  charged  that  the  international,  and  particularly  the  West- 
em,  media  have  an  anti-Sudan  and  anti-Islam  bias. 

In  spite  of  the  restrictions  on  ownership  of  satellite  dishes,  citizens  have  access 
to  foreign  electronic  media;  the  Government  does  not  jam  foreign  radio  signals.  In 
addition  to  its  own  domestic  and  satellite  television  services,  Sudan  television  offers 
a  pay  cable  network  of  six  channels,  which  directly  rebroadcasts  uncensored  Cable 
News  Network  (CNN),  the  London-based,  Saudi-owned  Middle  East  Broadcasting 
Corporation  (MBC),  Dubai  TV,  and  Kuwait  TV.  Rebel  movements  have  provided  rel- 
atively few  opportunities  for  journalists  to  report  on  their  activities. 

Academic  freedom  does  not  exist.  Public  and  most  private  universities,  closed 
since  January  largely  as  a  result  of  NIF  students'  eflbrts  to  influence  by  violence 
the  outcome  of  student  government  elections,  reopened  in  October.  The  closure  effec- 
tively ended  academic  debate,  which  had  included  a  vigorous  campus  polemic  with 
pro-NIF  and  anti-Government  sentiments  prominently  displayed  and  heard.  Before 
the  January  closure,  the  Government  had  used  political  criteria  whenever  possible 
in  appointing  new  faculty  members. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  declaration  of  the  state  of 
emergency  and  of  martial  law  on  June  30,  1989,  efTectively  eliminated  the  right  of 
assembly,  and  the  Government  severely  restricted  this  freedom.  The  authorities  per- 
mitted only  government-authorized  gatherings.  The  Government  dispersed  several 
unapproved  demonstrations  during  tne  year.  In  December  security  forces  beat  and 
arrested  approximately  50  women  who  had  tried  to  deliver  a  petition  to  the  U.N. 
offices  in  Khartoum.  Thirtv-six  women  were  charged  with  "disturbance"  and  "raising 
riots"  (see  Section  2. a.).  The  Government  dissolved  all  political  parties  in  1989,  and 
prohibits  citizens  from  forming  new  political  groups  or  other  associations.  In  1989 
the  Government  dissolved  the  Bar  Association  and  reinstated  it  under  NIF  leader- 
ship with  highly  controlled  elections.  All  lawyers  who  wish  to  practice  in  Sudan 
must  maintain  membership  in  the  organization  (see  Section  I.e.). 


333 

Professional  association  members  accused  the  Government  of  manipulating  the 
elections  in  many  associations.  In  November,  journalists  severely  criticized  the  Gov- 
ernment's manipulation  of  Journalists'  Union  elections  in  November  to  ensure  vic- 
tory by  progovemment  candidates.  In  Bar  Association  elections  held  in  December, 
the  Nfr-associated  group  won  overwhelmingly  amid  accusations  of  blatant  fraud. 

c.  Freedom  of  Religion. — Although  the  Government  has  stated  that  all  religions 
should  be  respected  and  that  freedom  of  worship  is  ensured,  in  practice  the  Govern- 
ment treats  Islam  as  the  state  religion  and  has  declared  that  Islam  must  inspire 
the  country's  laws,  institutions,  and  policies.  The  1994  Societies  Registration  Act  re- 
placed the  controversial  Missionary  Societies  Act  of  1962.  It  theoretically  allows 
churches  to  engage  in  a  wider  range  of  activities  than  did  the  missionary  act,  but 
churches  are  subject  to  the  restrictions  placed  on  nonreligious  corporations.  The 
Government  permits  non-Muslims  to  participate  in  services  in  existing  and  other- 
wise authorized  places  of  worship.  The  Government  continued  to  deny  permission 
to  build  Roman  Catholic  churches.  Some  makeshift  structures  have  been  permitted. 
In  March  authorities  began  to  demolish  multi-use  Roman  Catholic  church  buildings 
in  the  Kalakala  area  of  Khartoum  state.  This  is  believed  to  be  the  first  attack  on 
legally  owned  church  property  in  Sudan.  The  Khartoum  state  government  publicly 
claimed  that  the  demolitions  were  part  of  village  planning.  The  church's  attorney 
discussed  rebuilding  the  structures  with  the  authorities.  While  non-Muslims  may 
convert  to  Islam,  the  1991  Criminal  Act  makes  apostasy  (which  includes  conversion 
to  another  religion)  by  Muslims  punishable  by  death. 

Authorities  continued  to  restrict  the  activities  of  Christians,  followers  of  tradi- 
tional African  beliefs,  and  other  non-Muslims,  and  there  continued  to  be  reports  of 
harassment  and  arrest  for  religious  beliefs  and  activities. 

Muslims  may  proselytize  freely,  but  non-Muslims  are  forbidden  to  proselytize. 
Foreign  missionaries  and  religiously  oriented  organizations  continued  to  be  harassed 
by  authorities,  and  their  requests  for  work  permits  and  residence  visas  are  delayed. 

Children  who  have  been  abandoned  or  whose  parentage  is  unknown — regardless 
of  presumed  religious  origin — are  considered  Muslims  and  can  only  be  adopted  by 
Muslims.  Non-Muslims  may  adopt  only  other  non-Muslim  children.  No  equivalent 
restriction  is  placed  on  adoption  by  Muslims.  Foundlings  or  other  abandoned  chil- 
dren are  considered  by  the  State  to  be  Sudanese  citizens  and  Muslims  and  therefore 
can  only  be  adopted  by  Muslims.  In  accordance  with  Islamic  law,  Muslim  adoptees 
do  not  take  the  name  of  their  adoptive  parents  and  are  not  automatic  heirs  to  their 
property. 

PDF  trainees,  including  non-Muslims,  are  indoctrinated  in  the  Islamic  faith.  In 
prisons.  Government-supported  Islamic  NGO's  offer  inducements  to,  and  pressure 
on,  non-Muslim  inmates  to  convert.  Islamic  NGO's  in  war  zones  are  reliably  re- 
ported to  withhold  food  and  other  services  from  the  needy  unless  they  convert  to 
Islam.  Children,  including  non-Muslim  children,  in  camps  for  vagrant  minors  are  re- 
quired to  study  the  Koran,  and  there  is  pressure  on  non-Muslims  to  convert  to  Islam 
(see  Section  5). 

In  rebel-controlled  areas.  Christians,  Muslims,  and  followers  of  traditional  African 
beliefs  generally  worship  freely. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  restricted  freedom  of  movement  by  denying  exit  visas 
to  some  categories  of  persons,  including  policemen  and  doctors.  The  Government 
also  kept  lists  of  political  figures  and  other  citizens  not  permitted  to  travel  abroad. 
A  leading  lawyer  and  advocate  of  human  rights,  Ghazi  Suleiman,  was  not  permitted 
to  travel  to  the  West  because  the  Government  includes  him  on  such  a  list.  Because 
of  tensions  with  Egypt,  the  authorities  denied  many  requests  for  travel  to  that  coun- 

try. 

Women  may  not  travel  abroad  without  the  permission  of  their  husbands  or  male 
guardians.  Some  former  political  detainees  were  forbidden  to  travel  outside  Khar- 
toum. Movement  was  generally  free  for  other  citizens  outside  the  war  zones,  but 
those  who  failed  to  produce  an  identity  card  at  checkpoints  risked  arrest.  Foreigners 
needed  permits,  which  were  difiicult  to  obtain  and  often  refused,  for  domestic  travel 
outside  of  Khartoum.  Foreign  diplomats,  however,  could  travel  to  many  locations 
under  government  escort.  Foreigners  must  register  with  the  police  on  entering  the 
country,  seek  permission  to  move  from  one  location  to  another,  and  reregister  at 
each  new  location  within  3  days  of  arrival. 

Foreign  NGO  staff  sometimes  had  problems  obtaining  entry  visas  or  work  or  trav- 
el permits  once  they  had  entered  the  country. 

Insurgent  movements  also  required  that  foreign  NGO  personnel  obtain  permission 
before  traveling  to  areas  that  they  control,  although  they  generally  granted  such 
permission.  In  July  the  SPLM  detained  a  Roman  Catholic  priest  who  sought  to 


334 

enter  one  of  their  zones  without  a  valid  permit  and  returned  him  to  the  aircraft  in 
which  he  arrived  for  dispatch  back  to  Kenya. 

Tens  of  thousands  oi  persons,  largely  southerners  and  westerners  displaced  by 
famine  and  civil  war,  continued  to  live  in  squatter  slums  in  the  Khartoum  area.  Ac- 
cording to  the  Khartoum  state  government,  a  master  plan  seeks  to  upgrade  condi- 
tions in  some  camps,  requiring  movement  of  populations  to  other  areas  so  that  roads 
may  be  built  or  enlarged  and  services  established.  The  Khartoum  state  government 
is  in  contact  with  foreign  NGO's  and  U.N.  agencies  concerning  this  efiort.  During 
the  year,  the  Government  razed  thousands  oisquatter  dwellings  in  Khartoum  (see 
Section  l.f.). 

The  Government  cooperated  with  the  U.N.  High  Commissioner  for  Refugees 
(UNHCR)  and  other  humanitarian  assistance  organizations  and  accorded  refugees 
relatively  good  treatment.  UNHCR  statistics  for  1996  estimated  that  there  were  1 
million  reiugees,  with  148,000  in  camps  and  750,000  scattered  in  urban  areas 
throughout  the  country. 

The  Government  provides  first  asylum,  although  no  figures  are  available  for  1997. 

There  were  no  reports  of  forcible  repatriation  of  refugees,  regardless  of  their  sta- 
tus. Some  reports  cited  mistreatment  of  refugees,  including  beatings  and  arbitrary 
arrests.  Refugees  could  not  become  resident  aliens  or  citizens,  regardless  of  their 
length  of  stay.  The  Government  allowed  a  large  number  of  refugees  to  work.  SPLA 
military  gains  in  the  areas  across  the  Uganda  border  enabled  a  number  of  Sudanese 
refugees  to  return  to  Sudan.  According  to  the  UNHCR,  as  many  as  223,720  Suda- 
nese refugees  remained  in  Uganda;  some  left  camps  and  returned  to  Sudan  in  the 
wake  of  SPLM/A  seizure  of  areas  north  of  the  Sudan-Uganda  border.  Refugees  fled 
from  Sudan  to  Ethiopia,  Eritrea,  and  Kenya. 

On  September  22,  Action  Contre  le  Faim's  humanitarian  activities  were  abruptly 
halted  by  the  SPLM/A  without  explanation  on  undefined  security  grounds.  The  orga- 
nization was  forced  to  leave  SPLM-controlled  areas  within  72  hours. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  had  no  genuine  opportunity  to  change  their  government  peacefully.  The 
NIF  retains  control  of  the  Government  and  seeks  to  ensure  that  its  vision  of  na- 
tional institutions  including,  ultimately,  a  new  constitution  would  prevail. 

The  Government  established  a  committee  to  draft  a  constitution  in  July,  under 
the  leadership  of  widely  respected  legal  figures. 

In  1989  the  RCC  abolished  all  political  parties  and  temporarily  detained  the 
major  party  leaders.  In  1990  the  RCC  rejected  both  multiparty  and  one  party  sys- 
tems, establishing  2  years  later  an  entirely  government-appointed  transitional  na- 
tional assembly,  based  on  a  Libya-style  political  structure  with  ascending  levels  of 
nonpartisan  assemblies.  The  essentially  powerless  appointed  legislature  was  re- 
placed following  the  1996  elections  by  an  elected  National  Assembly,  in  which  125 
of  its  400  memoers  were  appointed  from  the  National  Convention.  Opposition  par- 
ties boycotted  the  election. 

The  federal  system  of  government  was  instituted  in  1995,  and  is  slowly  developing 
a  structure  of  26  states,  which  the  Government  sees  as  a  possible  inducement  to 
the  insurgents  for  accommodation  through  a  principle  of  regional  autonomy. 

Women  are  underrepresented  in  government  and  politics.  The  Minister  of  Health 
is  the  only  woman  in  the  Cabinet.  Women  have  the  right  to  vote.  Seats  in  the  Na- 
tional Assembly  are  set  aside  for  representatives  of  women's  organizations  and  for 
female  student  representatives.  Twenty-five  women  are  members  of  the  400-person 
National  Assembly. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Due  to  government  restrictions  on  freedom  of  association  (see  Section  2.b.),  there 
are  no  independent  domestic  human  rights  organizations;  however,  individual 
human  rights  activists  operate  in  anonymity. 

The  Human  Rights  Advisory  Council,  a  government  body  whose  rapporteur  is  the 
Solicitor  General  for  Public  Law,  continued  its  active  role  in  addressing  human 
rights  problems  within  the  Government.  The  Advisory  Council  issued  two  reports 
in  June.  One  detailed  the  inadequate  results  of  a  judicial  commission  inquiry  into 
events  in  Juba  in  1992  (see  Section  l.b.).  The  other  was  a  report  of  the  special  com- 
mission charged  with  the  investigation  into  allegations  of  slavery  (see  Section  6.C.). 

The  Government  continued  efforts  begun  in  1996  to  implement  international  con- 
ventions and  basic  human  rights  practices.  U.N.  Special  Rapporteur  on  Sudan 
Caspar  Biro  visited  in  January  and  again  in  September.  However,  his  January  visit 
coincided  with  insurgent  attacks  north  and  south  of  the  Blue  Nile,  and  the  Govern- 


335 

ment  stated  that  it  could  not  ensure  his  security.  He  left  the  country  immediately. 
The  Government's  invitation  to  the  U.N.'s  Working  Group  on  Contemporary  Forms 
of  Slavery  remains  open. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

A  governmental  decree  prohibits  discrimination  based  on  religion  or  sex.  Redress 
is  provided  through  the  administrative  courts  or  the  Labor  Onice.  The  1992  General 
Education  Act  stipulates  equal  opportunity  in  education  for  the  disabled.  Mecha- 
nisms for  social  redress,  especially  with  respect  to  violence  against  women  and  chil- 
dren, are  particularly  weak. 

Women. — Violence  against  women  continues  to  be  a  problem,  although  accurate 
statistics  on  violence  against  women  do  not  exist.  Many  women  are  reluctant  to  file 
formal  complaints  against  such  abuse,  although  domestic  violence  is  a  legal  ground 
for  divorce.  The  police  do  not  normally  intervene  in  domestic  disputes.  Displaced 
women  from  the  south  were  particularly  vulnerable  to  harassment,  rape,  and  sexual 
abuse.  The  Government  did  not  address  the  problem  of  violence  against  women,  nor 
was  it  discussed  publicly. 

Some  aspects  of  the  law  and  many  traditional  practices  discriminate  against 
women.  Gender  segregation  is  common  in  social  settings.  In  keeping  with  Islamic 
law,  a  Muslim  woman  has  the  right  to  hold  and  dispose  of  her  own  property  without 
interference.  Women  are  ensured  inheritance  from  their  parents.  However,  a  daugh- 
ter inherits  half  the  share  of  a  son,  and  a  widow  inherits  a  smaller  percent.  It  is 
much  easier  for  men  to  initiate  legal  divorce  proceedings  than  for  women.  These 
rules  apply  only  to  Muslims  and  not  to  those  of  other  faiths,  for  whom  religious  or 
tribal  laws  apply.  Although  a  Muslim  man  may  marry  a  non-Muslim,  a  Muslim 
woman  cannot  marry  a  non-Muslim  unless  he  converts  to  Islam.  Women  cannot 
travel  abroad  without  the  permission  of  their  husbands  or  male  guardians  (see  Sec- 
tion 2.d.). 

A  number  of  government  directives  require  that  women  in  public  places  and  gov- 
ernment offices  and  female  students  and  teachers  conform  to  what  it  deemed  an  Is- 
lamic dress  code.  This,  at  the  least,  entailed  wearing  a  head  covering.  However,  en- 
forcement of  the  dress  code  regulations  was  uneven. 

Credible  but  unconfirmed  reports  continued  that  women  held  in  special  camps  in 
the  south  were  sold  to  northerners  to  work  as  domestic  servants  (see  Section  6.c.). 

Children. — A  considerable  number  of  children  suffered  serious  abuse,  including 
enslavement  and  forced  conscription  in  the  war  zones.  There  continued  to  be  credi- 
ble but  unconfirmed  reports  of  the  existence  of  special  camps  in  the  south  in  which 
people  from  the  north  or  from  abroad  came  to  purchase  women  and  children  for 
work  as  domestic  servants  (see  Section  6.c.) 

Education  is  compulsory  through  grade  eight.  The  Government  forcibly  con- 
scripted young  men  and  boys  into  the  nrulitary  forces,  as  did  the  insurgents.  In  June 
the  Government  decreed  that  young  men,  typically  of  ages  17  to  19  must  enter  mili- 
tary service  to  be  able  to  receive  a  certificate  on  leaving  secondary  school.  Such  a 
certificate  is  a  requirement  for  entry  into  a  university,  and  the  decree  effectively 
broadened  the  conscription  base.  In  September  the  Government  attempted  to  send 
a  number  of  such  youths  to  combat  zones  for  advanced  military  training,  presum- 
ably for  ultimate  incorporation  into  the  SPAF.  A  number  of  youths  fied  at  the  air- 
port, which  resulted  in  considerable  public  attention  and  press  criticism. 

The  Government  has  operated  camps  for  vagrant  children.  Police  periodically  pa- 
trol the  streets  of  Khartoum  and  other  major  cities,  taking  children  whom  police 
personnel  deem  homeless  to  these  camps,  where  they  are  detained  for  indefinite  pe- 
riods. Health  care  and  schooling  at  the  camps  are  generally  poor;  basic  living  condi- 
tions are  often  primitive.  All  the  children,  including  non-Muslims,  must  study  the 
Koran,  and  there  is  pressure  on  non-Muslims  to  convert  to  Islam  (see  Section  2.c.). 
Teenagers  in  the  camps  are  often  conscripted  into  the  PDF. 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  authorities  as  damaging  to  both  physical  and  psychological  health,  is  wide- 
spread, especially  in  the  north.  An  estimated  90  percent  or  more  of  females  in  the 
north  have  been  subjected  to  FGM,  with  consequences  that  have  included  severe 
urinary  problems,  infections,  and  even  death.  Infibulation,  the  most  severe  type  of 
FGM,  is  also  the  most  common  type.  It  is  usually  performed  on  girls  between  ages 
4  and  7.  It  is  often  performed  by  traditional  practitioners  in  improvised,  unsanitary 
conditions,  causing  severe  pain  and  trauma  to  the  child.  No  form  of  FGM  is  illegal 
under  the  Criminal  Code.  However,  the  health  law  forbids  doctors  and  midwives 
from  performing  infibulation.  Women  displaced  from  the  south  to  the  north  report- 
edly are  increasingly  imposing  FGM  upon  their  daughters,  even  if  they  themselves 


336 

have  not  been  subjected  to  it.  The  Government  has  neither  arrested  nor  prosecuted 
any  persons  for  violating  the  health  law  against  infibulation. 

Two  local  NGO's  with  funding  from  the  U.N.  and  a  government  agency  are  ac- 
tively involved  in  efforts  to  eradicate  FGM,  which  they  oescribe  as  a  "harmful  prac- 
tice. A  small  but  growing  number  of  urban,  educated,  families  are  completely  aban- 
doning the  practice.  A  larger  number  of  families,  in  a  compromise  with  tradition, 
have  adopted  the  least  severe  form  of  FGM  as  an  alternative  to  infibulation. 

People  With  Disabilities. — The  Government  does  not  discriminate  against  disabled 
persons  but  has  not  enacted  any  special  legislation  or  taken  other  steps,  such  as 
mandating  accessibility  to  public  buildings  and  transportation  for  the  disalaled.  The 
1992  General  Education  Act  requires  equal  educational  opportunities  for  the  dis- 
abled. 

Religious  Minorities. — Muslims  predominate  in  the  north,  but  are  in  the  minority 
in  the  south,  where  most  people  practice  traditional  African  religions  or  Christian- 
ity. There  are  1  to  2  million  aisplaced  southerners  in  the  north  who  practice  tradi- 
tional African  religions  or  Christianity.  About  500,000  Coptic  Christians  live  in  the 
north. 

Government  and  SPLM/A  delegations  met  with  IGAD  in  September  and  partici- 
pated in  IGAD-mediated  peace  talks  in  Nairobi  in  October  and  November.  The  dele- 
gations discussed  the  role  of  religion  in  national  affairs  and  the  predominantly  non- 
Muslim  Southern  region's  right  to  self-determination.  Further  meetings  are  sched- 
uled for  1998. 

In  government-controlled  areas  of  the  south,  there  continued  to  be  credible  evi- 
dence of  an  unwritten  policy  of  Islamization  of  public  institutions.  In  the  past,  some 
non-Muslims  lost  their  jobs  in  the  civil  service,  the  judiciary,  and  other  professions. 
Few  non-Muslim  university  graduates  found  government  jobs.  Some  non-Muslim 
businessmen  complained  of  petty  harassment  and  discrimination  in  the  awarding  of 
government  contracts  and  trade  licenses.  There  were  also  reports  that  Muslims  re- 
ceive preferential  treatment  for  the  limited  services  provided  by  the  Government, 
including  access  to  medical  care. 

National / Racial / Ethnic  Minorities. — Sudan's  estimated  population  of  27.5  million 
is  a  multiethnic  mix  of  over  500  Arab  and  African  tribes  with  scores  of  languages 
and  dialects.  The  Arab,  Muslim  culture  in  the  north  and  central  areas  and  the  non- 
Muslim,  African  culture  in  the  south  are  the  two  dominant  cultures.  Northern  Mus- 
lims, who  form  a  majority  of  about  16  million,  have  traditionally  dominated  the  Gov- 
ernment. The  southern  ethnic  groups  fighting  the  civil  war  (largely  followers  of  tra- 
ditional African  religions  or  Christians)  seek  independence,  or  some  form  of  regional 
self-determination,  from  the  north. 

The  Muslim  majority  and  NIF-dominated  Government  continued  to  discriminate 
against  ethnic  minorities  in  almost  every  aspect  of  society.  Citizens  in  Arabic-speak- 
ing areas  who  do  not  speak  Arabic  experienced  discrimination  in  education,  employ- 
ment, and  other  areas.  The  use  of  Arabic  as  the  medium  of  instruction  in  higher 
education  discriminated  against  non-Arabs.  For  university  admission,  students  com- 
pleting high  school  are  required  to  pass  examinations  in  four  subjects:  English  Lan- 
guage; Mathematics;  Arabic  Language;  and  religious  studies.  Even  at  the  university 
level,  examinations  in  all  subjects  except  English  Language  were  in  Arabic  lan- 
guage, placing  non-native  speakers  of  Arabic  at  a  disadvantage. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  RCC  abolished  the  pre- 1989  labor  unions, 
closed  union  offices,  froze  union  assets,  forbade  strikes,  and  prescribed  severe  pun- 
ishments, including  the  death  penalty,  for  violations  of  its  labor  decrees.  The  Gov- 
ernment dismissed  many  labor  leaders  from  their  jobs  or  detained  them,  although 
most  of  those  arrested  were  later  freed. 

The  Sudan  Workers  Trade  Unions  Federation  is  the  leading  blue-collar  labor  orga- 
nization with  about  800,000  members.  In  1992  local  union  elections  were  held,  alter 
a  delay  to  permit  the  government-controlled  steering  committees  to  arrange  the  out- 
comes. The  elections  resulted  in  government-approved  slates  of  candidates  voted 
into  ofTice  by  prearranged  acclamation. 

The  U.S.  Government  in  1991  suspended  Sudan's  eligibility  for  trade  benefits 
under  the  Generalized  System  of  Preferences  because  of  its  violations  of  worker 
rights. 

Unions  remained  free  to  form  federations  and  affiliate  with  international  bodies, 
such  as  the  African  Workers'  Union  and  the  Arab  Workers'  Union. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — A  1989  RCC  constitutional 
decree  temporarily  suspended  the  right  to  organize  and  bargain  collectively.  Al- 
though these  rights  were  restored  to  labor  organizing  committees  in  1996,  govern- 
ment control  of  the  steering  committees   meant  in   practice  that  the  Government 


337 

dominates  the  process  of  setting  wages  and  working  conditions.  The  continued  ab- 
sence of  labor  legislation  allowing  for  union  meetings,  filing  of  grievances,  and  other 
union  activity  greatly  reduced  the  value  of  these  formal  rights.  Although  local  union 
officials  raised  some  grievances  with  employers,  few  carried  them  to  the  Govern- 
ment. 

Wages  are  set  by  a  tripartite  committee  comprising  representatives  of  the  Govern- 
ment, labor  unions,  and  business.  Specialized  labor  courts  adjudicate  standard  labor 
disputes. 

In  1993  the  Government  created  two  export  processing  zones  (EPZ's);  it  later  es- 
tablished a  third  at  Khartoum  international  airport.  During  the  year,  only  the  EPZ 
at  Khartoum  International  Airport  was  open.  The  labor  laws  do  not  apply  in  the 
EPZ's. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Although  the  law  prohibits  forced 
or  compulsory  labor,  slavery  persists.  According  to  the  report  by  the  U.N.  Special 
Rapporteur,  reports  and  information  from  a  variety  of  sources  after  February  1994 
indicate  that  the  number  of  cases  of  slavery,  servitude,  slave  trade,  and  forced  labor 
have  increased  alarmingly.  The  taking  of  slaves,  particularly  in  war  zones  and  their 
export  to  parts  of  central  and  northern  Sudan  continued.  There  also  continued  to 
be  credible,  but  unconfirmed,  reports  continue  that  women  and  children  were  sold 
and  sent  to  the  north  or  abroad  to  work  as  domestic  servants,  agricultural  laborers, 
and  sometimes  concubines.  The  national  government  did  not  take  any  action  to  halt 
these  practices.  Credible  reports  persist  of  practices  such  as  the  sale  and  purchase 
of  children,  some  in  alleged  slave  markets.  In  1996  representatives  of  Christian  Soli- 
darity International  arranged  the  purchase  of  children.  The  average  price  per  child 
was  reportedly  about  $300  worth  of  cattle,  or  $500  if  the  purchaser  was  a  West- 
erner. 

Reliable  reports  indicate  the  direct  and  general  involvement  of  the  SPAF,  the 
PDF,  and  government-supported  armed  militias  in  the  abduction  and  deportation  of 
civilians  from  the  conflict  zones  to  the  north.  These  practices  all  have  a  pronounced 
racial  aspect,  as  the  victims  are  exclusively  black  southerners  and  members  of  indig- 
enous tribes  of  the  Nuba  Mountains. 

In  some  instances,  local  authorities  took  action  to  stop  slavery;  in  other  cases,  the 
authorities  did  nothing  to  stop  the  practice.  In  response  to  a  resolution  of  the  1995 
U.N.  General  Assembly,  the  Government  in  May  1996  established  a  Special  Com- 
mission to  Investigate  Charges  of  Slavery  (see  Section  l.b.),  including  the  reported 
use  of  Nuba  children  as  house  servants  by  military  officers.  In  a  preliminary  report 
issued  in  June,  the  Commission  concluded  that  Nubans  are  not  working  as  forced 
labor  on  ranches  given  to  government  supporters;  and  that  house  servants  of  mili- 
tary and  civilian  government  offiicials  are  paid  fixed  salaries  in  accordance  with  the 
relevant  statute. 

Both  the  Government  and  rebel  factions  continued  to  forcibly  conscript  men  of 
military  age  into  the  fighting  forces  (see  Sections  l.f.  and  5).  For  example,  in  Feb- 
ruary a  group  of  national  service  trainees  was  unexpectedly  taken  to  Khartoum  and 
flown  to  Juba,  where  the  trainees  were  expected  to  serve  in  combat.  Conscripts  face 
significant  hardship  and  abuse  in  military  service.  The  rebel  factions  continued  to 
force  southern  men  to  work  as  laborers  or  porters. 

d.  Status  of  Child  Labor  Practires  and  Minimum  Age  for  Employment. — The  law 
prohibits  forced  child  labor;  however,  the  Government  does  not  efTectively  enforce 
it  (see  Section  6.c.).  The  legal  minimum  age  for  workers  is  16  years,  but  the  law 
is  loosely  enforced  by  inspectors  from  the  Ministry  of  Labor  and  in  the  official  or 
wage  economy.  Children  as  young  as  11  or  12  years  of  age  worked  in  a  number  of 
factories,  particularly  outsiae  the  capital,  including  the  factories  at  Um  Ruwaba 
that  produce  edible  oils.  In  addition  severe  poverty  has  produced  widespread  child 
labor  in  the  informal,  unregulated  economy.  In  rural  areas,  children  traditionally  as- 
sist their  families  with  agricultural  work  from  a  very  young  age. 

e.  Acceptable  Conditions  of  Work. — The  legislated  minimum  wage  is  enforced  by 
the  Ministry  of  Labor,  which  maintains  field  offices  in  most  major  cities.  Employers 
generally  respect  the  minimum  wage.  Workers  who  are  denied  the  minimum  wage 
may  file  a  grievance  with  the  local  Ministry  of  Labor  field  offiice,  which  is  then  re- 
auired  to  investigate  and  take  appropriate  action  if  there  has  been  a  violation  of 
the  law.  The  minimum  wage  continues  to  be  approximately  $8.25  (14,000  Sudanese 
pounds)  per  month,  which  is  insuffiicient  to  provide  a  decent  standard  living  for  an 
average  worker  and  family.  The  workweek  is  limited  by  law  to  six  8-hour  days,  with 
a  day  of  rest  on  Friday.  Although  the  laws  prescribe  health  and  safety  standards, 
working  conditions  were  generally  poor,  and  enforcement  by  the  Ministry  of  Labor 
minimal.  The  law  does  not  address  the  right  of  workers  to  remove  themselves  from 
dangerous  work  situations  without  loss  of  employment. 


338 
SWAZI1.AND 

SwazilarKi  in  i^ovorncd  as  a  modified  traditional  monarchy  with  executive,  legisla- 
tive, and  (with  limitations)  judicial  powers  ultimately  vested  in  tin-  King  (presently 
Mswati  III).  'I'h«'  King  rules  according  to  unwritt<'n  law  and  custom,  in  conjunction 
with  a  mainly-electeu  parliament  and  an  accompanying  structure  of  published  laws 
and  implementing  agencies.  Parliamentary  <'l('ctions  in  li>5).'<,  local  council  elections 
in  1994,  and  municipal  elections  in  19i)r)  and  1997  introduced  increased  representa- 
tive- government,  hut  iK)litical  jjower  continues  to  rest  largely  with  the  King  and  his 
circle  of  tra<litional  advis<'rs.  The  19()K  (lonstitution  was  susjK'nded  hy  the  present 
King's  father  in  197.'}.  leased  upon  the  197.'1  decree,  the  King  has  the  authority  to 
issue  decr<'es  that  carry  the  force  ol  law,  although  he  has  not  exerci.sed  this  author- 
ity in  n!cent  years.  The  197.'J  decree  also  hans  political  parties,  meetings,  and  pro- 
cessions except  in  local  "Tinkhundla"  centers.  There  are  public  demands  that  the 
197.'1  decree  be  liRed,  and  the  (luestion  is  among  issues  that  a  (Constitutional  Review 
Commission  ((l\i(]),  appointed  I)y  the  King  in  .luly  199(),  is  expected  to  consider  and 
make  recommendations  on  ov<'r  tlu-  course  of  its  2-year  nuindate.  Four  progressive 
CK("  nu'mbers  ix-signed,  variously  citing  concerns  over  tlie  Commission  s  terms  of 
reference,  its  procedures,  its  slow  progrx'ss,  and  the  fact  that  members  were  ap- 
pointed by  the  King  rather  than  nomiiuited  hy  civic  or  f)olitical  groujjs.  The  judiciary 
IS  independent. 

Both  the  Umbutfo  Swaziland  Defense  Force  and  the  Royal  Swaziland  i'olice  oper- 
ate* under  civilian  control  and  are  respofisible  for  external  and  internal  security. 
Sonu'  conununities,  (]uestioning  the  ability  of  the  National  I'olice  to  deal  with  en- 
forcement at  the  community  level,  formed  comnuinity  police.  There  were  reports  of 
conflicts  Ix-tween  tlw  national  and  the  community  [jolice.  Membei-s  of  both  the  Na- 
tional l'oli(-e  and  the  conununity  police  committed  some  human  rights  abuses. 

Swaziland  has  a  free  market  economy,  with  ndatively  little  government  interven- 
tion. 'I'he  majority  of  Citizens  are  engaged  in  subsistence  agriculture,  althougli  a  rel- 
atively diversified  industrial  sector  now  accounts  for  the  largest  component  of  the 
formal  economy.  The  economy  relies  heavily  on  the  export  sector,  especially  the  sofl 
drink  concentrate,  sugar,  and  wood  pulp  industries,  whiih  aix'  com[)osed  primarily 
of  large  firms  with  predominantly  fbnign  ownersliio.  A  governmental  organization 
maintitins  large  investments  in  all  major  sectoi>t  of  tne  economy,  including  industry, 
agricidture,  and  services. 

Then-  was  little  change  in  the  overall  human  rights  situation.  Citizens  still  are 
not  able  to  cliange  their  government.  Police  tortured  and  beat  some  suspects  and 
sometimes  u.sed  excessive  force  against  demonstratois.  The  (loveriujient  generally 
faih'd  to  prosecute  or  otherwise  discipline  police  officers  who  committed  sucli  abuses. 
Pri.son  conditions  are  poor,  and  the  (lovernment  continued  to  use  a  nonbailable  of- 
fense provision  of  the  law.  Police-  at  times  harassc-d  human  riglits  and  political  activ- 
ists fn)in  j)roliibit,»-d  political  organizations,  as  well  as  lal)or  leaders,  'i'he  (lovern- 
ment contmu«-s  to  limit  freedom  of  spe-ech  and  the  press,  and  journalists  practice 
some   se-ll-censorship,   although   they  spoke-   out  on   ke-y   issue-s.    llowe-ve-r,  the-re-   was 

Sre)wing  fre-e-dom  e)f  spe-e-eh  in  ce-rtain  an-as,  including  parliamentiuy  de-bate,  and  at 
le-  CRC's  publie-  me-e-tings,  whe-re-  some-  eitize-ns  voie-e-d  strong  politie'al  opinions,  'i'he 
Cove-rnme-nt  re-stricte-d  Me-e-dom  of  assoeiation  and  asse-inbiy  and  n-taiiu-d  pre)hibi- 
tie)ns  on  politieal  ae-tivity,  although  iiume-n)us  political  formations  opeiate-d  o[)e'nly 
anei  ve)iee-el  opinions  eritical  e)f  the-  (love-rnme-nt.  Authoritie-s  on  e)eeasion  anx-sted  or 
detaine-d  me-mbe-rs  of  i)e)litieal  gn)upings,  labor  unie)n  le-aele-rs,  and  human  rights  ac- 
tivists for  brie-f  i)e'rioels.  The-re-  are-  some-  limits  on  fVe-e-elom  e)f  moveme-nt.  Ix-gal  and 
cultural  eliserimmal  ion  and  viole-nee-  against  we)me-n  as  we-ll  as  abu.se-  e)f  ehildren,  re- 
maine-el  pn)ble-ms.  Discrimination  against  mixeel  race-  ami  white-  citizens  pei-sists. 
The-  (;e)ve-rnme-nt  re-striets  worke-r  rights.  The-  199(5  Industrial  iie-lations  Act  (IRA), 
whieh  l)oth  unions  and  exj^anize-d  busine-ss  c-ritie-ize-  for  its  he-avy  pe-naltie-s  and  viola- 
tions of  Inte-rnational  I,abe)r  Organization  (ll-O)  conve-ntions,  re-maiiu-d  in  foix-e,  al- 
the)ugh  the-  (love-rnme-nt  agre-e-d  1.0  re-vise  it  and  in  Novembe-r  formed  a  tripaitite  re- 
drafting committe-e«,  inclueiing  employers  and  labor,  which  was  assisted  by  an  II.O 
advisor. 

KKSI'Ken'  l''e)l{  HUMAN  KlelMTS 

Section  1.  Ut'spi-ct  for  the  Ititvf^rity  of  the  Person,  Includinfi  Freedom  From: 

a.  Politieal  and  Other  F.xirajitdicial  Killing.  There-  we-re  no  reports  of  political  or 
othe-r  extrajuelicial  killings. 

b.  Disappearance.     The-re-  were-  \w  re-pe)rts  of  politically  ine)tivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  l)curailtn^>  Vreatmer>t  or  Punishmerd.-  — 
There  weiv  credible  repe)rts  by  criminal  defenelants  of  the  use  of  torture  during  in- 


339 

terrogation.  Police  sometimes  beat  criminal  suspects  and  occasionally  used  the 
"tube  style  of  interrogation,  in  which  police  suffocate  suspects  through  use  of  a  rub- 
ber tube  around  the  lace  and  mouth.  The  Government  generally  failed  to  prosecute 
or  otherwise  discipline  police  ofiicers  for  such  abuses.  Courts  did,  however,  invali- 
date confessions  inducea  through  such  physical  abuse. 

Police  sometimes  used  excessive  force  in  dealing  with  demonstrators.  In  February 
police  gassed,  beat,  and  detained  20  labor  and  political  leaders  at  the  beginning  of 
a  labor  mass  "stay  away"  (a  nonviolvent  protest  action  whereby  employees  fail  to 
report  to  work).  Police  later  shot  and  wounded  six  demonstrators  in  Big  Bend  dur- 
ing the  February  stay  away.  In  April  during  a  prohibited  political  rally  calling  for 
the  repeal  of  the  1973  decree,  police  beat  18  people,  including  2  bystanders.  How- 
ever, in  October  and  November  during  a  2-day  general  labor  mass  stay  away  and 
6-week  teachers  mass  stay  away,  police  exercised  marked  restraint. 

Prison  conditions  are  poor.  Food  is  generally  adequate,  although  sometimes  family 
members  must  bring  food  to  supplement  the  sparse  prison  diet.  Medical  care  is  in- 
adequate. Use  of  the  nonbailable  provision  led  to  continued  overcrowding  in  govern- 
ment remand  centers,  where  suspects  are  held  during  pretrial  detention  (see  Section 
l.d.).  Women  and  juveniles  are  held  in  separate  prison  facilities. 

The  Government  permits  prison  visits  by  human  rights  monitors,  and  allowed 
journalists  to  interview  labor  leaders  detained  during  the  February  stay  away. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  requires  warrants  for  arrests  in 
most  circumstances,  except  when  police  observe  a  crime  being  committed  or  have 
reason  to  believe  that  a  suspect  may  flee.  Detainees  may  consult  with  a  lawyer  of 
their  choice  and  must  be  charged  with  violation  of  a  statute  within  a  reasonable 
time,  usually  48  hours,  or,  in  remote  areas,  as  soon  as  the  judicial  officer  appears. 
The  authorities  generally  respect  these  rights  in  practice. 

The  Government  continued  to  limit  provisions  for  bail  for  crimes  appearing  in  the 
Nonbailable  Offenses  Order,  which  became  elTective  in  1993  and  was  strengthened 
by  Parliament  in  1994.  The  act  lists  11  ofTenses;  narcotics  use  and  trafficking  were 
added  during  1997.  The  mere  charge  of  the  underlying  offense,  without  any  evi- 
dentiary showing  that  the  suspect  is  involved,  is  sufficient  to  employ  the  nonbailable 
provision.  The  Minister  of  Justice  may  amend  the  list  by  his  own  executive  act. 

In  January,  immediately  prior  to  a  planned  labor  mass  stay  away,  the  nonbailable 
provision  was  applied  to  a  portion  oi  the  1963  Public  Order  Act,  which  was  then 
used  to  arrest  four  labor  leaders.  The  court  acquitted  them  after  26  days  in  prison. 
The  terms  under  which  they  were  held  were  lenient,  however,  and  the  detained 
labor  leaders  were  allowed  to  meet  with  the  press  and  union  members.  On  the  first 
dav  of  the  February  stay  away,  police  gassed,  beat,  and  detained  20  labor  and  politi- 
cal leaders  for  several  hours.  Also  during  the  month-long  stay  away,  police  detained 
a  leading  human  rights  activist  for  a  day  as  well  as  various  political  activists,  in- 
cluding youths  holding  a  protest  prayer  meeting  in  support  of  the  labor  leaders. 

During  Constitutional  Review  Commission  visits  in  August  to  local  centers,  police 
detainea  one  political  activist  briefly  in  Piggs  Peak  and  arrested  four  activists  in 
Mbabane.  The  four  were  released  on  bail  the  following  day.  During  October-Novem- 
ber mass  "stay  aways"  no  detentions  were  reported. 

The  Government  does  not  use  forced  exile.  There  are  no  barriers  to  prevent  the 
return  of  dissidents. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  independent;  however,  the  King 
has  certain  judicial  powers. 

Judicial  powers  are  vested  in  a  dual  system,  one  independent  and  based  on  West- 
em  law,  the  other  based  on  a  system  of  national  courts  following  unwritten  tradi- 
tional law  and  custom.  In  treason  and  sedition  cases,  the  King  can  circumvent  the 
regular  judiciary  by  appointing  a  special  tribunal,  that  may  adopt  rules  and  proce- 
dures different  from  those  applied  in  the  High  Court.  However,  this  power  was  last 
used  in  1987. 

The  Western  judiciary  consists  of  the  Court  of  Appeals  (composed  entirely  of  expa- 
triate, usually  South  African,  judges),  the  High  Court,  and  magistrates'  courts,  all 
of  which  are  independent  of  executive  and  military  control  and  free  from  intimida- 
tion from  outside  forces.  The  expatriate  judges,  often  distinguished  members  of  their 
respective  bars,  serve  on  the  basis  of  2-year,  renewable  contracts.  Local  judges  serve 
indefinitely  on  good  behavior.  In  magistrates'  courts,  the  defendant  is  entitled  to 
counsel  at  his  or  her  own  expense.  Court-appointed  counsel  is  provided  in  capital 
cases  or  when  difTicult  points  of  law  are  at  issue.  There  are  well-defined  appeal  pro- 
cedures up  to  the  Court  of  Appeals,  the  highest  judicial  body. 

Most  Swazis  who  encounter  the  legal  system  do  so  through  the  traditional  courts. 
The  authorities  may  bring  ethnic  Swazis  to  these  courts  for  minor  offenses  and  vio- 
lations of  traditional  law  and  custom.  In  traditional  courts,  defendants  are  not  per- 
mitted formal  legal  counsel  but  may  speak  on  their  own  behalf  and  be  assisted  by 


340 

informal  advisers.  Sentences  are  subject  to  review  by  traditional  authorities  and  to 
appeal  to  the  High  Court  and  the  Court  of  Appeals.  Legally,  the  public  prosecutor 
has  the  authority  to  determine  which  court  should  hear  a  case,  but  in  practice  the 
police  usually  make  that  determination.  Accused  persons  have  the  right  to  transfer 
their  cases  from  the  traditional  courts.  Delays  in  trials  are  common.  Three  labor 
leaders  charged  in  1996  under  the  Industrial  Relations  Act  and  49  political  activists 
charged  in  1994  have  pending  cases.  In  February  the  court  tried  and  acquitted  after 
26  days  the  four  labor  leaders  who  had  been  arrested  immediately  prior  to  labor's 
mass  action  (see  Section  6. a.). 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
requires  a  warrant  from  a  magistrate  before  police  may  search  homes  or  other 
premises,  and  police  generally  respect  this  requirement  in  practice.  However,  police 
officers  with  the  rank  of  subinspector  or  higher  have  the  right  to  search  without  a 
warrant  if  they  believe  that  evidence  might  be  lost  through  delay  in  obtaining  a 
warrant.  While  searches  without  warrants  occur  occasionally,  the  issue  of  legality 
of  evidence  rarely  arises  in  court.  In  February  during  labor's  mass  stay  away  action, 
police  searched  the  home  of  a  leading  human  rights  activist  without  a  warrant. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Government  limits  freedom  of  speech  and 
of  the  press  through  the  continuing  ban  on  political  parties  and  the  occasional  har- 
assment of  journalists.  The  Government  also  discourages  critical  news  coverage  of 
the  royal  family,  and  journalists  practice  some  self-censorship.  The  Government's 
proposed  media  bill  could  further  restrict  freedom  of  speech  and  the  press  if  imple- 
mented. Both  government-owned  and  independent  newspapers  covered  a  wide  vari- 
ety of  sensitive  topics  and  criticized  government  corruption,  inefficiency,  and  waste. 

However,  while  there  is  extensive  published  criticism  of  government  activities,  the 
media,  both  government-controlled  and  private,  practice  self-censorship  in  regard  to 
the  immediate  royal  family  and  national  security  policy.  The  government-owned  tel- 
evision and  radio  stations — the  most  infiuential  media  in  reaching  the  public — gen- 
erally followed  official  policy  positions.  In  January  the  Government  reportedly  can- 
celed a  news  talk  show  on  state-owned  television  with  representatives  from  both 
government  and  labor  that  was  to  address  the  impending  labor  stay  away.  Report- 
ers at  state-owned  radio  were  discouraged  from  reporting  fully  on  developments  re- 
lating to  the  February  stay  away.  Several  journalists  were  harassed  by  police  while 
covering  rallies  by  the  Swaziland  Democratic  Alliance  (SDA),  and  television  came 
under  criticism  by  government  officials  for  its  coverage  of  activities  by  prodemocracy 
groups,  particularly  an  April  rally  by  the  SDA.  The  Government  acted  to  withhold 
its  advertising  from  the  country's  only  independently-owned  daily.  Although  the 
Government  claimed  that  its  action  was  for  nonpolitical  reasons,  the  decision  fol- 
lowed an  article  in  May  regarding  possible  tax  arrears  on  property  allegedly  held 
by  the  King. 

The  Ministry  of  Public  Service  and  Information  introduced  a  bill  in  Parliament 
on  a  national  information  policy,  which  was  designed  to  set  up  a  government  regu- 
latory body,  provide  an  overly-broad  definition  of  publication,  and  impose  criminal 
penalties  on  infractions.  The  media  and  many  NGO's  voiced  major  concerns,  causing 
the  bill  to  be  referred  to  a  parliamentary  subcommittee  for  further  review — a  review 
which  also  would  set  forth  objections  and  potential  modifications  to  the  bill — with 
return  for  full  parliamentary  review  in  early  1998. 

Private  companies  and  church  groups  own  several  newsletters,  magazines,  and 
one  radio  station  that  broadcasts  throughout  the  region,  but  these  avoid  political 
controversy. 

The  practice  of  self-censorship  and  the  prohibition  of  political  gatherings  limit 
academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Government  restricts  free- 
dom of  assembly.  King  Sobhuza's  1973  decree  prohibits  meetings  of  a  political  na- 
ture, processions,  or  demonstrations  in  any  public  place  without  the  consent  of  the 
Commissioner  of  Police.  The  authorities  generally  did  not  grant  permission  to  hold 
such  meetings  but  did  not  rigidly  enforce  the  1973  decree.  Political  organizations, 
including  the  People's  United  Democracy  Movement  (PUDEMO)  and  Swaziland 
Youth  Congress  (SWAYOCO),  oflen  met  without  the  required  permission  and  with- 
out repercussions.  However,  the  threat  of  police  intervention  remains,  and  on  sev- 
eral occasions  police  harassed  political  and  labor  groups  taking  part  in  political  ac- 
tivities, such  as  peaceful  meetings,  rallies,  and  demonstrations.  In  April  during  a 
Swaziland  Democratic  Alliance  rally  calling  for  the  repeal  of  the  1973  decree,  police 
beat  18  people,  including  2  bystanders. 


341 

Several  traditional  forums  exist  for  the  expression  of  opinion,  including  commu- 
nity meetings,  national  councils,  and  direct  dialog  with  village  chiefs,  but  they  often 
depend  on  the  sufferance  of  leaders  and  are  not  effective  channels  for  expressing 
political  dissent. 

The  Government  restricts  freedom  of  association.  King  Sobhuza's  1973  decree  pro- 
hibits political  parties.  Labor  law  restricts  the  ability  of  trade  union  organizations 
to  participate  in  the  social  and  political  affairs  of  the  nation  (see  Section  6. a.). 

c.  Freedom  of  Religion. — Followers  of  all  religious  faiths  are  free  to  worship  with- 
out government  interference  or  restriction.  A  wide  variety  of  religious  groups  ac- 
tively participate  in  society  and  engage  in  public  discussion  that  extends  to  political 
and  social  issues. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  may  travel  and  work  freely  within  the  country.  However, 
under  traditional  law  a  married  women  requires  her  husband's  permission  to  apply 
for  a  passport,  and  unmarried  women  require  the  permission  of  a  close  male  rel- 
ative. A  citizenship  law  passed  in  1992  removed  several  ambiguities  relating  to  citi- 
zenship and  nominally  enabled  nonethnic  Swazis  to  obtain  passports  and  citizenship 
documents.  Bureaucratic  delays,  however,  plague  individuals  seeking  these  docu- 
ments, in  part  due  to  occasional  prejudice  that  mixed  race  and  white  Swazis  are  not 
real  Swazis.  Mixed  race  citizens  in  particular  are  sometimes  subject  to  unfair  and 
discriminatory  treatment. 

The  GJovemment  treats  several  thousand  ethnic  Swazis  from  the  former  homeland 
of  KwaZulu  in  South  Africa  as  virtually  indistinguishable  from  local  Swazis  and 
routinely  grants  them  travel  and  citizenship  documents. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees (UNHCR)  as  well  as  the  various  nongovernmental  organizations  (NGO's)  in- 
volved in  the  care  of  refugees.  The  UNHCR  officially  recognizes  several  hundred  ref- 
ugees in  Swaziland,  the  majority  coming  from  east  and  central  Africa.  The  issue  of 
provision  of  first  asylum  has  not  arisen  in  recent  years.  The  Government  did  not 
forcibly  return  any  persons  to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  are  not  able  to  exercise  this  right.  The  King  retains  ultimate  executive 
and  legislative  authority,  and  political  parties  are  prohibited.  Passage  of  legislation 
by  Parliament  requires  the  King's  assent  to  become  law,  which  he  is  not  obliged  to 
give.  When  Parliament  is  not  in  session,  the  King  may  legislate  by  decree  under  his 
residual  emergency  powers.  The  King  chooses  the  Prime  Minister  and,  in  consulta- 
tion with  the  Prime  Minister,  the  Cabinet,  as  well  as  many  senior  civil  servants, 
and  heads  of  government  offices.  Ten  of  the  16  members  of  Cabinet  selected  by  the 
King  are  elected  members  of  parliament. 

Pressure  has  been  building  to  modernize  the  political  system.  In  July  1996,  the 
King  appointed  a  30-member  Constitutional  Review  Commission  (CRC)  with  a  2- 
year  mandate,  with  the  stated  purpose  of  examining  the  suspended  1968  Constitu- 
tion, carrying  out  civic  education,  determining  the  people's  wishes  for  their  future 
system  of  government,  and  making  appropriate  recommendations  on  a  new  constitu- 
tional document.  The  CRC  compiled  the  relevant  documents  outlining  the  current 
constitutional  framework,  including  portions  of  the  1968  Constitution  still  in  force, 
the  1973  decree  as  currently  amended,  and  the  1992  establishment  of  parliament 
order.  The  CRC  distributed  these  documents  to  the  public  in  July  and  August  dur- 
ing nationwide  visits.  On  most  occasions,  the  CRC  allowed  the  public  to  voice  criti- 
cal opinions  and  concerns,  although  the  formal  collection  of  views  was  planned  for 
a  later  stage.  The  CRC  was  widely  criticized  for  being  nonrepresentative  (members 
were  appointed  by  the  King  and  serve  as  individuals  rather  than  as  representatives 
of  organizations),  for  its  focus  on  bureaucratic  details  and  slow  start,  and  for  terms 
of  reference  that  critics  felt  restricted  the  Commission's  independence.  Four  progres- 
sive members  of  the  30-member  Commission  resigned,  and  another  was  expelled 
from  his  organization  for  not  resigning.  Human  rights  organizations,  church  groups, 
labor  unions,  and  other  NGO's  conducted  their  own  active  programs  of  constitu- 
tional and  human  rights  civic  education. 

Women  have  full  legal  rights  to  participate  in  the  political  process.  There  are  2 
women  in  the  65-member  House  of  Assembly,  and  5  women  in  the  30-member  Sen- 
ate. There  is  1  woman  in  the  16-person  Cabinet.  Four  women  serve  as  principal  sec- 
retaries, the  most  senior  civil  service  rank  in  the  ministries.  There  are  3  women  on 
the  30-person  Constitutional  Review  Commission. 


342 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  permits  domestic  human  rights  groups  to  operate.  In  1997  a 
local  human  rights  group  spoke  out  on  a  number  of  occasions,  criticizing  the  Govern- 
ment's detention  oi  labor  leaders,  handling  of  labor  disputes,  and  the  lack  of  ac- 
countability and  transparency  in  government  circles.  A  major  reference  work  on 
human  rights  in  Swaziland  was  published  by  Swazi  legal  scholars  and  human  rights 
activists.  There  were  no  visits  by  international  human  rights  organizations. 

However,  the  International  Confederation  of  Free  Trade  Unions  (ICFTU)  and  the 
ILO  were  active  critics  of  the  Government's  treatment  of  labor  and  the  1996  Indus- 
trial Relations  Act  (IRA).  The  Government  met  with  an  ICFTU  delegation  during 
the  February  stay  away  and  with  visiting  ILO  representatives  in  June  and  Septem- 
ber. The  Government  agreed  in  August  to  amena  the  IRA  and  formed  a  redrafting 
committee  in  November,  including  employer  and  labor  members,  assisted  by  an  ILO 
advisor. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status. 

The  Employment  Act  of  1980  forbids  employers  to  discriminate  on  the  basis  of 
race,  religion,  sex,  or  political  affiliation.  Under  the  act  employees  may  bring  suit 
against  employers  for  discrimination,  and  there  are  also  provisions  for  criminal 
prosecutions.  However,  there  is  no  record  of  any  suits  or  prosecutions.  Reportedly, 
the  act  has  been  used  on  occasion  to  bring  moral  suasion  to  bear  against  employers. 
Mixed-race  citizens  sometimes  experience  discrimination. 

Women. — Violence  against  women,  particularly  wife  beating,  is  frequent,  despite 
traditional  strictures  against  this  practice.  Women  have  the  right  to  charge  their 
husbands  with  assault  under  both  the  western  and  traditional  legal  systems  and 
frequently  do  so,  usually  in  extreme  cases  when  intervention  by  extended  family 
members  fails  to  end  such  violence.  The  traditional  courts,  however,  can  be  unsym- 
pathetic to  "unruly"  or  "disobedient"  women  and  are  less  likely  than  the  moaern 
courts  to  convict  men  for  wife  beating.  Rape  is  also  common  and  is  regarded  by 
many  men  as  a  minor  ofTense.  Even  in  the  modem  courts,  sentences  irequentlv 
amount  to  no  more  than  several  months  in  jail,  a  fine,  or  both.  The  Legal  Code  ad- 
dresses legal  protection  from  sexual  harassment,  but  its  provisions  are  vague  and 
largely  inefiective.  Several  NGO's  provide  support  against  abuse  or  discrimination. 

Women  occupy  a  subordinate  role  in  society.  In  both  civil  and  traditional  mar- 
riages, wives  are  legally  treated  as  minors,  although  those  who  marry  under  civil 
law  may  be  accorded  the  legal  status  of  adults,  if  stipulated  in  a  signed  prenuptial 
agreement.  A  woman  generally  requires  her  husband's  permission  to  borrow  money, 
open  a  bank  account,  obtain  a  passport,  leave  the  country,  gain  access  to  land,  or, 
in  some  cases,  take  a  job.  Unmarried  women  require  a  male  relative's  permission 
to  obtain  a  passport  (see  Section  2.d.).  Despite  the  1980  Employment  Act  requiring 
equal  pay  for  equal  work,  men's  average  wage  rates  by  skill  category  usually  exceed 
those  of  women. 

The  dualistic  nature  of  the  legal  system  complicates  the  issue  of  women's  rights. 
As  traditional  marriage  is  governed  by  uncodified  law  and  custom,  women's  rights 
are  often  unclear  and  change  according  to  where  and  by  whom  they  are  interpreted. 
Couples  often  marry  in  both  civil  and  traditional  ceremonies,  creating  problems  in 
determining  which  set  of  rules  applies  to  the  marriage  and  to  subsequent  questions 
of  child  custody  and  inheritance  in  the  event  of  divorce  or  death.  In  traditional  mar- 
riages, a  man  may  take  more  than  one  wife.  A  man  who  marries  a  woman  under 
civil  law  legally  may  not  have  more  than  one  wife,  although  in  practice  this  restric- 
tion is  sometimes  ignored.  Traditional  marriages  consider  children  to  belong  to  the 
father  and  to  his  family  if  the  couple  divorces.  Children  born  out  of  wedlock  are 
viewed  as  belonging  to  the  mother.  Under  the  1992  Citizenship  Act,  a  woman  does 
not  automatically  pass  citizenship  to  her  children. 

Changing  socioeconomic  conditions,  urbanization,  and  the  increasing  prominence 
of  female  leaders  in  government  and  civic  organizations  are  breaking  down  barriers 
to  equality.  Women  now  routinely  execute  contracts  and  enter  into  a  variety  of 
transactions  in  their  own  names.  The  Government  has  committed  itself  to  various 
women's  initiatives  in  the  wake  of  the  1995  Beijing  Conference  on  Women,  and  the 
Ministry  of  Home  Affairs  coordinates  women's  issues.  The  Government  established 
a  task  force  to  address  gender  issues  and  hosted  a  meeting  of  the  Southern  African 
Development  Community  (SADC)  countries  to  discuss  how  gender  issue  could  be  in- 
tegrated into  the  SADC  agenda. 

Children. — The  Government  is  concerned  with  the  rights  and  welfare  of  children, 
and  a  number  of  laws  directly  address  children's  issues.  The  Government  does  not 
provide  free,  compulsory  education  for  children.  The  Government  pays  teachers'  sal- 


343 

ary  while  student  fees  pay  for  books  and  the  buildings'  fund.  Supplemental  money 
must  sometimes  be  raised  for  building  upkeep,  including  teachers'  housing.  How- 
ever, the  country  has  a  99  percent  primary  school  enrollment.  The  1952  Adoption 
of  Cnildren  Act  includes  a  number  of  provisions  for  protecting  children  under  con- 
sideration for  adoption,  and  the  1970  Maintenance  Act  includes  various  provisions 
regarding  the  enforcement  of  maintenance  decrees  for  the  benefit  of  women  and 
children.  A  government  task  force  educates  the  public  on  children's  issues. 

Child  abuse  is  a  problem.  Children  convicted  of  crimes  sometimes  are  caned  as 
punishment.  Female  children  can  suffer  sexual  abuse,  including  by  family  members. 
There  are  growing  numbers  of  street  children  in  Mbabane  and  Manzini. 

People  With  Disabilities. — The  Government,  through  the  Ministry  of  Home  Affairs, 
has  called  for  equal  treatment  of  the  disabled.  A  'disabled  bill'  was  drafted  and 
opened  to  discussion  by  the  Federation  of  the  Disabled  in  Swaziland  (FODSWA)  in 
E)ecember.  There  are  no  laws  mandating  accessibility  to  buildings,  transportation, 
or  government  services.  The  Constitutional  Review  Commission  extended  its  dis- 
tribution of  civic  education  materials  to  ensure  distribution  to  the  disabled. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  1996  Industrial  Relations  Act  (IRA)  permits 
workers  in  all  sectors  of  the  economy,  including  the  public  sector,  to  join  unions.  It 

Eermits  unions  to  associate  freely  in  the  context  of  traditional  trade  union  concerns. 
[owever,  the  IRA  imposes  criminal  penalties  for  union  activity  outside  core  union 
concerns,  specifically  on  social  or  political  issues,  and  it  provides  that  the  Govern- 
ment may  suspend  or  close  down  unions  that  engage  in  such  noncore  labor  matters. 
It  prohibits  trade  union  federations  (but  not  individual  unions)  or  their  officers  from 
engaging  in  any  act  that  "causes  or  incites"  the  slowdown  or  cessation  of  work  or 
economic  activity,  or  to  act  in  any  way  that  might  be  construed  as  a  "restraint  of 
trade,"  with  5  years'  imprisonment  the  maximum  penalty  for  such  violations.  Em- 
ployers have  equivalent  penalties  for  unauthorized  lockouts.  The  IRA  confines 
unions  and  employer  organizations  to  single  industries,  and  does  not  permit  organi- 
zation across  economic  and  industrial  sectors,  contrary  to  ILO  Convention  87.  The 
main  trade  union  federation  is  the  Swaziland  Federation  of  Trade  Unions  (SFTU). 
A  second  trade  union  federation  is  the  Swaziland  Federation  of  Labor  (SFL),  which 
broke  away  from  the  SFTU  in  1993  and  gained  formal  recognition  from  the  Govern- 
ment in  1994.  In  November  a  tripartite  drafting  committee,  with  assistance  from 
the  ILO,  was  formed  to  bring  the  IRA  in  line  with  internationally-recognized  worker 
rights. 

Unions  are  free  to  draw  up  their  own  constitutions  within  the  framework  of  the 
IRA.  The  act  specifies  a  number  of  provisions  that  must  be  addressed  in  a  constitu- 
tion, including  the  election  of  ofTicers  by  secret  ballot.  The  Labor  Commissioner 
must  approve  the  union  constitution,  and  he  can  strike  out  or  amend  provisions  that 
violate  the  law.  The  Government  may  dissolve  unions  that  fail  to  maintain  propter 
registration  with  the  Labor  Commissioner  without  recourse  to  judicial  review.  In 
April  several  unions,  including  the  SFTU,  were  suspended  for  not  submitting  re- 
quired financial  statements,  although  the  SF'TU'S  suspension  was  subsequently  re- 
voked. There  is  no  collusion  between  the  Government  and  business  in  relation  to 
worker  rights. 

The  ERA  details  the  steps  to  be  followed  when  disputes  arise,  including  what  de- 
termines a  legal  or  an  illegal  strike.  The  act  empowers  the  Government  to  mediate 
employment  disputes  and  grievances  and  to  enjom  a  union  from  striking.  When  dis- 
putes arise,  the  Government  often  intervenes  to  try  lo  reduce  the  chances  of  a 
strike,  which  may  not  be  called  legally  until  all  avenues  of  negotiation  have  been 
exhausted  and  a  secret  ballot  of  union  members  has  been  conducted.  The  law  pro- 
hibits strikes  in  "essential"  services,  which  cover  electricity,  water,  firefighting, 
health,  sanitation,  telephone,  telegraph,  and  broadcast,  as  well  as  many  civil  service 
positions. 

There  were  a  number  of  strikes,  usually  over  wages  and  benefits,  or  dismissal  of 
fellow  workers.  In  February  the  SFTU  conducted  a  mass  stay  away  related  to  27 
demands  presented  to  the  Government  in  1994,  including  calls  for  fundamental  po- 
litical change.  These  demands  addressed  a  wide  range  of  issues,  including  recogni- 
tion of  affirmative  action,  a  national  uniform  minimum  wage,  an  end  to  discrimina- 
tion against  women,  the  provision  of  better  housing  for  workers,  inclusion  of  worker 
representatives  in  constitutional  discussions,  and  the  lifting  of  the  1973  decree  that 
suspended  the  Constitution  and  outlawed  political  parties.  The  stay  away  lasted  4 
weeKs  and  primarily  affected  the  large  sugar  and  pulp  plantations  and  industries. 
Immediately  prior  to  the  planned  stay  away  action,  four  labor  leaders  were  arrested 
under  a  portion  of  the  1963  Public  Order  Act  that  had  been  made  a  nonbailable  of- 
fense the  previous  day  (see  Section  l.d.).  They  were  acquitted  by  trial  and  released 


344 

26  days  later.  During  the  stay  away  police  shot  six  people,  wounding  one  seriously, 
and  (letained  and  beat  labor  and  political  activists;  one  who  was  wheelchair-bound 
sustained  injuries  that  required  6  months'  medical  treatment.  In  March  the  four 
labor  leaders  who  had  been  arrested  filed  an  approximately  $1.3  million  claim 
against  the  Government.  The  SFTU  conducted  a  3-day  stay  away  for  similar  mo- 
tives in  October  where  there  was  both  increase  worker  intimidation  and  increased 
police  restraint.  A  wage-based  teachers'  strike  lasted  6  weeks  in  October  and  No- 
vember, during  a  key  examination  period,  without  violence.  The  charges  against 
three  labor  leaders  from  the  1996  stay  away  remained  pending. 

In  response  to  a  complaint  by  the  ICFTU  (initiated  oy  the  SFTU),  the  ILO  Com- 
mittee of  Experts  (COE)  has  noted  to  the  Government  discrepancies  between  the 
IRA  and  ILO  Convention  87  on  Freedom  of  Association  and  ILO  Convention  98  on 
the  Right  to  Organize  and  Bargain  Collectively.  The  COE  concerns  include  the  pow- 
ers accorded  government  officials  to  control  union  activity  and  the  strictures  on  the 
ability  of  workers  to  form  unions  and  associate  with  other  unions  at  home  and 
abroad.  The  Government  agreed  in  August  to  amend  the  IRA  and  formed  in  Novem- 
ber a  tripartite  redrafting  committee  that  included  employers,  labor  officials,  and  an 
ILO  adviser. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  ERA  provides  for  the 
right  to  organize  and  bargain  collectively  and  outlaws  antiunion  discrimination.  Col- 
lective bargaining  is  widespread;  approximately  80  percent  of  the  formal  private  sec- 
tor is  unionized.  The  law  obliges  employers  to  recognize  a  union  when  it  achieves 
over  50  percent  membership  among  employees.  Employers  must  allow  representa- 
tives of  legally  recognized  unions  to  conduct  union  activities  on  company  time.  The 
Industrial  Court  may  refuse  to  register  collective  bargaining  agreements  in  the 
event  of  nonobservance  of  any  requirement  of  the  IRA.  The  IRA  prohibits  trade 
union  federations  or  their  officers,  but  not  individual  unions,  from  inciting  any  slow- 
down of  work  or  economic  activity  or  acting  in  any  way  that  might  be  construed  as 
a  restraint  of  trade.  It  provides  equivalent  penalties  to  employers  in  the  case  of  un- 
authorized lockouts. 

Disputes  are  referred  to  the  Labor  Commissioner  and  the  Industrial  Court,  if  nec- 
essary. Although  many  employers  resist  recognition  and  force  the  issue  to  the  Indus- 
trial Court,  the  Court  generally  rules  in  favor  of  the  unions  in  these  cases.  In  the 
case  of  unfair  dismissal,  the  Court  may  order  reinstatement  and  compensation  to 
the  employee  as  well  as  a  fine  to  the  employer.  Union  leaders  made  credible  charges 
that  management  in  various  industries  dismissed  workers  for  union  activity.  The 
Government  sometimes  instigates  such  dismissals. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  labor,  in- 
cluding child  labor,  and  it  is  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Em- 
ployment Act  of  1980  prohibits  the  hiring  of  a  child  below  the  age  of  15  in  an  indus- 
trial undertaking,  except  in  cases  where  only  family  members  are  employed  in  the 
firm,  or  in  technical  schools  where  children  are  working  under  the  supervision  of 
a  teacher  or  other  authorized  person.  Legislation  limits  the  number  of  night  hours 
that  can  be  worked  on  schooldays  and  limits  children's  work  hours  overall  to  6  per 
day  or  33  per  week.  Employment  of  children  in  the  formal  sector  is  not  customary. 

However,  children  below  the  minimum  age  are  frequently  employed  in  the  agricul- 
tural sector,  particularly  in  the  eastern  cotton-growing  region.  Children  are  also  em- 
ployed as  domestic  workers  and  as  herd  boys  in  rural  areas.  The  Ministry  of  Labor 
is  responsible  for  enforcement,  but  its  effectiveness  is  limited  by  personnel  short- 
ages. The  law  prohibits  forced  labor,  including  child  labor,  and  it  is  not  known  to 
occur  (see  Section  6.  c). 

e.  Acceptable  Conditions  of  Work. — There  is  a  legally-mandated  sliding  scale  of 
minimum  wages  depending  on  the  type  of  work.  These  minimum  wages  generally 

f)rovide  a  worker  and  family  with  a  decent  standard  of  living.  The  minimum  month- 
y  wage  for  a  domestic  worker  is  approximately  $40  (180  emalangeni),  for  an  un- 
skilled worker  $65  (280  emalangeni),  and  for  a  skilled  worker  $100  (450 
emalangeni). 

Labor,  management,  and  government  representatives  have  negotiated  a  maximum 
48-hour  workweek  in  the  industrial  sector,  except  for  security  guards  who  work  up 
to  six  12-hour  shifts  f)er  week.  The  Employment  Act  and  the  Wages  Act  entitle  all 
workers  to  1  day  of  rest  per  week.  Most  workers  receive  a  minimum  of  12  days  of 
annual  leave.  The  Labor  Commissioner  enforces  standards  in  the  formal  sector. 
There  are  extensive  provisions  allowing  workers  to  seek  redress  for  alleged  wrongful 
dismissal;  these  provisions  are  frequently  brought  into  play.  There  are  also  penalties 
for  employers  who  conduct  unauthorized  lockouts. 


345 

Extensive  legislation  protects  worker  health  and  safety.  The  Government  sets 
safety  standards  for  industrial  operations  and  encourages  private  companies  to  de- 
velop accident  prevention  programs.  Recent  growth  in  industrial  production  has  ne- 
cessitated more  government  action  on  safety  issues.  However,  the  Labor  Commis- 
sioner's office  has  conducted  few  safety  inspections  in  recent  years  because  of  staff- 
ing deficiencies.  Workers  have  no  formal  statutory  rights  to  remove  themselves  from 
dangerous  work  places  without  jeopardizing  their  jobs;  nor  do  any  collective  bargain- 
ing agreements  address  the  matter. 


TANZANIA 

The  United  Republic  of  Tanzania  amended  its  Constitution  in  1992  to  become  a 
multiparty  state.  In  1995  the  nation  conducted  its  first  multiparty  general  elections 
for  president  and  parliament  in  more  than  30  years.  The  ruling  party,  Chama  Cha 
Mapinduzi  (CCM),  continued  to  control  the  Union  Government,  winning  186  of  the 
232  elective  seats  in  Parliament.  The  CCM  presidential  candidate,  Benjamin 
Mkapa,  won  a  four-way  race  with  61.8  percent  of  the  vote.  The  islands  of  Zanzibar 
are  integrated  into  the  United  Republic's  governmental  and  party  structure;  how- 
ever, the  Zanzibar  Government,  which  has  its  own  president  and  parliament,  exer- 
cises considerable  autonomy.  Elections  for  the  president  and  parliament  of  Zanzibar 
were  also  held  in  1995.  International  observers  noted  serious  discrepancies  during 
the  vote-counting  process,  calling  into  question  the  reelection  of  CCM  incumbent  Dr. 
Salmin  Amour  Juma  as  Zanzibar's  President.  In  the  period  since  that  election,  calls 
for  new  elections  by  opposition  parties  were  met  with  reprisals  by  the  authorities. 
In  response,  most  donors  halted  economic  aid  to  Zanzibar.  The  judiciary  is  formally 
independent  but  sufiers  from  corruption,  inefficiency,  and  executive  infiuence. 

The  police  have  primary  responsibility  for  maintaining  law  and  order.  They  were 
formerly  supported  by  citizens'  anticrime  groups  and  patrols  known  as 
"Sungusungu,'  which  have  been  largely  inactive  since  late  1995  but  are  still  in  ex- 
istence. The  police  regularly  committed  human  rights  abuses. 

Agriculture  provides  85  percent  of  employment.  Cotton,  coffee,  sisal,  tea,  and 
gemstones  account  for  most  export  earnings.  The  industrial  sector  is  small.  Eco- 
nomic reforms  undertaken  since  1986,  including  liberalization  of  agricultural  policy, 
the  privatization  of  state-owned  enterprises,  the  rescheduling  of  foreign  debt  pay- 
ments, and  the  freeing  of  the  currency  exchange  rate,  helped  to  stimulate  economic 
growth,  as  has  the  decline  in  the  rate  of  inOation.  While  the  Government  has  at- 
tempted to  improve  its  fiscal  management,  pervasive  corruption  constrains  economic 
progress. 

The  Government's  human  rights  record  did  not  improve  appreciably,  and  prob- 
lems persisted.  Although  the  1995  multiparty  elections  represented  an  important 
development,  citizens'  right  to  change  their  government  in  Zanzibar  is  severely  cir- 
cumscribed. While  new  opposition  parties  on  the  mainland  and  Zanzibar  were  com- 
petitive in  many  races  in  1995  and  in  by-elections  since  that  time,  winning  in  var- 
ious constituencies,  police  often  harassed  and  intimidated  members  and  supporters 
of  the  political  opposition.  Other  human  rights  problems  included  police  beatings 
and  mistreatment  of  suspects  that  sometimes  resulted  in  death.  Soldiers  attacked 
civilians,  and  police  in  Zanzibar  used  torture,  including  beatings  and  Hoggings. 
Throughout  the  country,  prison  conditions  remained  harsh  and  life  threatening.  Ar- 
bitrary arrest  and  prolonged  detention  continued,  and  the  inefficient  and  corrupt  ju- 
dicial system  often  did  not  provide  expeditious  and  fair  trials.  Pervasive  corruption, 
which  was  documented  in  the  Warioba  Commission's  report,  continued  to  have  a 
broad  impact  on  human  rights.  The  Government  infringed  on  citizens'  privacy  and 
limited  freedom  of  speech  and  of  the  press,  and  freedom  of  assembly,  association, 
and  movement.  The  Government  obstructed  the  formation  of  domestic  human  rights 
groups.  Discrimination  and  violence  against  women  remained  serious  problems. 
Abuse  of  children  and  child  labor  continued.  The  Government  infringed  on  workers' 
rights.  Mob  justice  remained  severe  and  widespread. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings.  Credible  observers  estimate  that  as  many  as  10  prisoners  die  each  year  as 
a  result  of  inadequate  nutrition,  health  care,  sanitation,  and  mistreatment,  includ- 
ing police  beatings  of  persons  in  detention  (see  Section  I.e.). 


346 

There  were  no  developments  in  the  1993  police  killing  of  a  member  of  the  opposi- 
tion party  Civic  United  Front  (CUF)  on  the  island  of  Pemba.  After  a  lengthy  inves- 
tigation, authorities  charged  the  policeman  who  fired  the  shots  with  involuntary 
manslaughter;  the  ofTicer  remains  free  on  bail.  CUF  leaders  complained  that  in  1996 
the  President  and  Attorney  General  of  Zanzibar  blocked  the  prosecution  of  the  police 
ofiicer.  Nearly  5  years  after  the  event,  a  trial  is  still  pending. 

Instances  of  mob  justice  against  suspected  criminals  continued  to  claim  dozens  of 
lives.  Throughout  the  year,  the  media  reported  numerous  incidents  in  which  mobs 
killed  suspected  thieves,  who  were  stoned,  lynched,  beaten  to  death,  or  doused  with 
gasoline  and  set  on  fire.  Such  events  are  so  commonplace  that  they  are  often 
grouped  together  with  reporting  on  car  accidents  and  other  mishaps.  Many  in- 
stances are  never  reported.  The  widespread  belief  in  witchcraft  has  led,  in  some  in- 
stances, to  the  killing  of  alleged  witches  by  their  "victims,"  aggrieved  relatives,  or 
mobs.  A  deputy  minister  estimated  that  100  mostly  older  women  in  the  Mwanza 
and  Shinyanga  regions  are  killed  every  year  by  those  who  believe  them  to  be  witch- 
es. Government  oiiicials  condemn  these  practices  and  some  arrests  occur.  However, 
most  perpetrators  of  witch-killing  or  mob  justice  elude  arrest,  and  the  Government 
has  not  taken  preventive  measures. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  the  use  of  torture  and  inhuman  or  degrading  treatment, 
but  the  police  regularly  threaten,  mistreat,  or  occasionally  beat  suspected  criminals 
during  and  after  their  apprehension  and  interrogation.  Police  also  use  the  same 
means  to  obtain  information  about  suspects  from  family  members  not  in  custody. 
Although  government  officials  usually  condemn  these  practices,  the  Government  sel- 
dom prosecutes  police  for  such  abuses.  The  People's  Militia  Laws,  as  amended  by 
Parliament  in  1989,  bestow  quasilegal  status  on  the  traditional  Sungusungu  neigh- 
borhood and  village  anticrime  groups.  Participation  in  these  groups  was  compulsory 
prior  to  the  1995  election.  In  the  past,  these  groups  were  criticized  for  using  exces- 
sive force  with  criminal  suspects.  While  largely  moribund  since  that  election,  the 
Sungusungu  still  exist  and  in  July  the  President  asked  that  government  law  en- 
forcement ofTicials  work  cooperatively  with  the  Sungusungu.  He  created  a  committee 
to  recommend  ways  of  strengthening  relations  between  the  traditional  and  formal 
security  entities. 

Repeated  reports  from  credible  sources  indicate  that  the  police  use  torture,  includ- 
ing beatings  and  floggings  in  Zanzibar,  notably  on  Pemba  Island.  The  Zanzibar  and 
Union  Governments  have  both  denied  these  charges.  In  June  police  in  Arusha  were 
charged  with  torturing  10  women  detainees,  1  oi  whom  had  a  miscarriage.  In  Sep- 
tember the  Zanzibar  prisons  commissioner  confirmed  the  death  of  a  remand  pris- 
oner who  reportedly  died  of  illness  en  route  to  a  hospital;  the  family  alleged  that 
the  prisoner  was  taken  to  the  prison  after  being  severely  beaten  at  a  police  station. 
Numerous  incidents  of  soldiers  attacking  civilians  were  reported.  In  October  undisci- 
plined troops  seized  a  bus  and  beat  and  robbed  its  passengers  traveling  to  Kigoma. 
A  government  commission  of  inquiry  established  following  a  similar  1996  incident 
had  not  reached  any  conclusions  at  year's  end. 

Pervasive  corruption  is  a  serious  problem  in  the  police  force.  The  report  of  the 
Warioba  Commission  on  Corruption  tnat  was  released  in  April  found  that  police  ar- 
rest innocent  people  and  file  false  charges  against  them  if  they  refuse  to  pay  bribes. 
The  Gk)vernment  did  not  punish  or  prosecute  any  police  officers  for  such  abuses. 

Prison  conditions  remained  harsh  and  life  threatening.  Government  officials  ac- 
knowledged that  prisons  are  overcrowded  and  living  conditions  are  poor.  The  daily 
amount  of  food  allotted  to  prisoners  is  insufficient  to  meet  their  nutritional  needs, 
and  even  this  amount  is  not  always  provided.  Prisons  are  authorized  to  hold  21,000 
persons,  but  the  actual  prison  population  is  estimated  at  47,000  persons.  The  Gov- 
ernment is  expanding^risons,  out  its  efTorts  have  not  kept  pace  with  the  growing 
number  of  prisoners.  The  Government  does  not  release  timely  statistics  on  the  pris- 
on expansion  program  or  on  the  exact  extent  of  the  overcrowding. 

In  August  tne  law  review  commission  called  for  the  construction  of  22  new  pris- 
ons. Some  prisoners  are  paroled  or  receive  suspended  sentences  as  a  means  oi  re- 
lieving overcrowding. 

The  Warioba  Commission  reported  that  wardens  give  favorable  treatment  to  cer- 
tain prisoners  at  the  expense  of  others.  One  person  released  from  Ukonga  prison 
in  1996  reported  that  guards  beat  and  abused  prisoners,  particularly  during  month- 
ly searches  in  which  all  prisoners  were  assembled  and  required  to  strip.  Serious  dis- 
eases, such  as  dysentery,  malaria,  and  cholera,  are  common  and  result  in  deaths 
because  of  inadequate  medical  care  by  the  authorities.  Medical  treatment  is  limited, 
and  friends  and  family  of  prisoners  generally  need  to  provide  medication  or  the 
funds  with  which  to  purchase  them.  A  prisoner  denied  medical  treatment  for  almost 


347 

a  month  died  in  January  en  route  to  a  hospital.  Soon  thereafter,  another  person 
died  at  a  bus  stop  within  minutes  of  being  released  from  Segerea  prison.  Convicted 
prisoners  are  not  allowed  to  receive  food  from  the  outside  and  are  often  moved  to 
different  prisons  without  notification  of  their  families.  Pretrial  detainees  are  held 
together  with  those  serving  sentences  but  are  allowed  to  receive  food  from  the  out- 
side. 
There  is  no  outside  monitoring  of  prison  conditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Arbitrary  arrest  and  detention  are  prob- 
lems. The  Criminal  Procedure  Code,  amended  in  1985,  requires  that  a  person  ar- 
rested for  a  crime,  other  than  a  national  security  charge  under  the  Preventive  De- 
tention Act,  be  charged  before  a  magistrate  within  24  hours.  However,  in  practice, 
the  police  often  fail  to  comply.  The  1985  amendments  also  restricted  the  right  to 
bail  and  imposed  strict  conditions  on  freedom  of  movement  and  association  when 
bail  is  granted.  Because  of  backlogs,  an  average  case  still  takes  2  to  3  years  or 
longer  to  come  to  trial.  The  Code  provides  for  a  right  to  defense  counsel.  The  Chief 
Justice  assigns  lawyers  to  indigent  defendants  charged  with  serious  crimes  such  as 
murder,  manslaughter,  and  armed  robbery.  There  are  only  a  few  hundred  practicing 
lawyers  in  the  country,  and  most  indigent  defendants  charged  with  lesser  crimes  do 
not  have  legal  counsel.  In  many  cases,  accused  persons  are  denied  the  right  to  con- 
tact a  lawyer  or  talk  with  family  members. 

Under  the  Preventive  Detention  Act,  the  President  may  order  the  arrest  and  in- 
definite detention  without  bail  of  any  person  considered  dangerous  to  the  public 
order  or  national  security.  This  act  was  amended  in  1985  to  require  the  Government 
to  release  detainees  within  15  days  of  detention  or  inform  them  of  the  reason  for 
their  detention.  The  detainee  was  also  allowed  to  challenge  the  grounds  for  deten- 
tion at  90-day  intervals.  Despite  a  landmark  ruling  by  the  Court  of  Appeal  in  1991 
that  the  Preventive  Detention  Act  could  not  be  used  to  deny  bail  to  persons  not  con- 
sidered dangerous  to  society,  the  Government  has  still  not  introduced  corrective  leg- 
islation. The  Preventive  Detention  Act  was  not  used  during  the  year.  While  the  Law 
Reform  Commission  recommended  that  the  act  be  repealed,  the  President  said  that 
repeal  is  unnecessary  if  the  law  is  not  being  used.  The  Government  has  additional 
broad  detention  powers  under  the  Regions  and  Regional  Commissioners  Act  and  the 
Area  Commissioners  Act  of  1962.  These  acts  permit  regional  and  district  commis- 
sioners to  arrest  and  detain  for  48  hours  persons  who  may  "disturb  public  tran- 
quility." 

Police  continued  to  make  arbitrary  arrests,  although  less  frequently  than  in  the 

East.  For  example,  the  police  occasionally  arrest  relatives  of  criminal  suspects  and 
old  them  in  custody  without  charge  for  as  long  as  several  years  to  attempt  to  force 
suspects  to  surrender.  Such  relatives  who  manage  to  get  their  cases  before  a  judge 
are  usually  set  free,  only  to  be  immediately  rearrested  when  they  leave  the  court- 
room. The  Government  took  no  action  to  correct  this  abuse  during  the  year. 

According  to  the  Warioba  Commission  report,  police  arrest  innocent  people,  accuse 
them  of  crimes  not  committed,  and  withdraw  or  reduce  the  charges  upon  payment 
of  bribes.  The  Government  has  not  taken  any  action  to  correct  these  abuses. 

Since  the  1995  election,  police  in  Zanzibar,  particularly  on  Pemba,  have  regularly 
detained,  arrested,  or  harassed  CUF  members  and  suspected  supporters.  In  Septem- 
ber police  detained  a  prominent  opposition  politician  for  6  days  before  releasing  her. 
Despite  orders  from  the  Union  Government  s  Inspector  General  of  Police,  officers  in 
Zanzibar  continued  these  activities. 

The  Government  does  not  used  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary; in  practice  the  higher  courts  have  increasingly  demonstrated  their  independ- 
ence of  the  Government,  although  executive  interference  exists.  In  the  past,  senior 
police  or  government  officials  pressured  and  sometimes  reassigned  judges  who  made 
unpopular  rulings;  no  such  incidents  occurred  during  the  year.  Inciependent  observ- 
ers, however,  continue  to  criticize  the  judiciary,  especially  at  lower  levels,  as  corrupt 
and  inefTicient  and  question  the  system's  ability  to  provide  a  defendant  with  an  ex- 
peditious and  fair  trial.  In  June  the  Chief  Justice  suspended  a  magistrate  who  had 
refused  for  4  years  to  produce  a  copy  of  her  ruling  so  that  the  defendant  could  file 
an  appeal.  The  Warioba  Commission  found  that  pervasive  corruption  affected  the 
judiciary  from  clerks  to  magistrates.  Clerks  took  bribes  to  decide  whether  or  not  to 
open  cases  and  to  hide  or  misdirect  the  files  of  those  accused  of  crimes.  Magistrates 
often  accept  bribes  to  determine  guilt  or  innocence,  pass  sentence,  withdraw 
charges,  or  decide  appeals.  In  Dar  es  Salaam  235  remana  prisoners  refused  to  ap- 
pear in  court  in  January,  charging  that  they  could  not  get  fair  trials.  A  committee 
was  later  formed  to  petition  the  Government  to  improve  prison  conditions  and  speed 
up  trials. 


348 

The  legal  system  is  based  on  the  British  model,  with  modifications  to  accommo- 
date customary  and  Islamic  law  in  civil  cases.  Military  courts  do  not  try  civilians, 
and  there  are  no  security  courts.  Defendants  in  civil  and  military  courts  may  appeal 
decisions  to  the  High  Court  and  Court  of  Appeal. 

Zanzibar's  court  system  generally  parallels  the  mainland's  legal  system  but  re- 
tains Islamic  courts  to  adjudicate  Muslim  family  cases  such  as  divorce,  child  cus- 
tody, and  inheritance.  Cases  concerning  Zanzibar  constitutional  issues  are  heard 
only  in  Zanzibar's  courts.  All  other  cases  may  be  appealed  to  the  national  Court  of 
Appeal. 

The  majority  of  individuals  held  in  the  two  major  prisons  in  Dar  es  Salaam  are 
awaiting  trial,  and  in  many  instances  bribes  determine  whether  bail  is  granted  or 
even  whether  a  case  is  judged  as  a  civil  or  criminal  matter.  There  are  reports  of 
prisoners  waiting  several  years  for  trial  because  they  could  not  pay  bribes  to  police 
and  court  officials.  Authorities  acknowledge  that  some  cases  have  been  pending 
since  1988.  The  Government  initiated  efibrts  as  early  as  1991  to  highli^t  judicial 
corruption  and  increased  its  oversight.  Limited  progress  has  been  made,  and  during 
the  year  several  magistrates  resigned  after  the  Chief  Justice  was  presented  with 
credible  evidence  of  corruption. 

Criminal  trials  are  open  to  the  public  and  to  the  press;  courts  must  give  reasons 
on  the  record  for  holding  secret  proceedings.  Criminal  defendants  have  the  right  of 
appeal. 

While  juvenile  courts  have  theoretically  existed  since  1964,  no  separate  facility  ex- 
isted for  young  ofTenders,  many  of  whom  were  tried  in  adult  courts.  A  separate  juve- 
nile court  facility,  funded  by  donors,  opened  in  July. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
State  continued  to  interfere  with  these  rights,  which  are  generally  provided  for  in 
the  Constitution.  The  CCM  has  historically  penetrated  all  levels  of  society  through 
local  cells,  varying  in  size  from  single  family  homes  to  large  apartment  buildings 
and  containing  from  10  to  200  persons.  Unpaid  party  ofTiciaTs  serve  as  10-cell  lead- 
ers with  authority  to  resolve  problems  at  the  grassroots  level  and  to  report  to  au- 
thorities any  suspicious  behavior,  event,  or  noncompliance  with  compulsory  night 
f)atrol  service  in  the  neighborhood.  In  1993  elections  were  held  for  new  grassroots 
eaders  to  replace  the  CCM  10-cell  leaders  in  nonparty  business.  Few  voters  partici- 
pated in  these  elections,  which  were  boycotted  by  the  opposition,  and  the  10-cell 
leaders  retain  nearly  all  of  their  power  and  infiuence.  However,  since  the  1993  elec- 
tions the  role  of  the  cells  has  diminished  considerably. 

CCM  membership  is  voluntary  and  is  estimated  at  2  to  3  million  members.  While 
in  the  past  CCM  membership  was  necessary  for  advancement  in  political  and  other 
areas,  the  importance  of  such  membership  is  waning. 

The  Criminal  Procedures  Act  of  1985  authorizes  police  ofTicials,  including  the  ci- 
vilian anticrime  units,  to  issue  search  warrants.  However,  the  act  also  authorizes 
searches  of  persons  and  premises  without  a  warrant  if  necessary  to  prevent  the  loss 
or  destruction  of  evidence  connected  with  an  offense  or  if  circumstances  are  serious 
and  urgent.  In  practice  warrants  are  rarely  requested,  and  police  and  other  security 
services  search  private  homes  and  business  establishments  at  will.  The  security 
services  reportedly  monitor  telephones  and  correspondence  of  some  citizens  and  for- 
eign residents. 

The  police  occasionally  arrest  relatives  of  criminal  suspects  and  detain  them  with- 
out charge  in  an  effort  to  force  suspects  to  surrender  (see  Section  l.d.). 

National  employment  directives  stipulating  the  nature  of  employment  and  loca- 
tion of  residence  give  authorities  the  right  to  transfer  citizens  to  another  area  to 
ensure  their  productive  employment  (see  Section  2.d.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press;  however,  the  Government  limited  these  rights  in  practice.  The 
Government  pressures  journalists  to  practice  self-censorship  and  denied  unrestricted 
access  to  political  opponents.  In  September  police  interrogated  a  journalist  for  the 
Majira  newspaper  for  writing  articles  about  problems  along  the  border  with  Bu- 
rundi. Except  in  Zanzibar,  citizens  generally  enjoyed  the  right  to  discuss  freely  polit- 
ical alternatives.  Opposition  political  party  members  and  others  openly  criticize  the 
Government  and  ruling  party  in  public  forums.  However,  persons  using  "abusive 
language"  against  the  country's  leadership  may  be  subject  to  arrest,  and  the  Gov- 
ernment used  this  provision  to  detain  some  opposition  figures.  In  July  a  former 
presidential  candidate  was  arrested  in  Zanzibar  and  charged  with  making  seditious 
comments  about  the  chairman  of  the  electoral  commission.   Earlier  in  the  year. 


349 

President  Mkapa  intimated  publicly  that  government  officials  who  support  the  oppo- 
sition could  lose  their  jobs. 

On  Zanzibar,  radio  and  television  are  controlled  by  the  Government,  which  also 
practices  a  restrictive  policy  with  regard  to  print  media.  Private  mainland  news- 
papers are  widely  available,  and  many  residents  can  receive  mainland  television. 

The  press  on  the  mainland  is,  on  the  whole,  lively  and  outspoken,  and  even  the 
government-owned  newspaper  occasionally  reports  events  that  may  portray  the  Gov- 
ernment in  an  unflattering  light.  There  are  9  daily  newspapers  ana  15  other  news- 
papers in  English  and  Kiswahili,  along  with  another  dozen  periodicals  some  of 
which  are  owned  or  influenced  by  political  parties,  both  the  CCM  and  the  opposi- 
tion. The  rising  cost  of  newsprint  resulted  in  the  closure  of  15  newspapers  in  1996. 
There  is  no  official  censorship,  but  throughout  the  year  the  Government  continued 
to  pressure  newspapers  to  suppress  or  change  articles  unfavorable  to  it. 

m  1996  the  Government  of  Zanzibar  banned  from  the  islands  the  privately  owned 
Kiswahili  Language  newspaper  Majira.  A  member  of  an  opposition  party  central 
committee  was  arrested  in  June  for  entering  Zanzibar  with  four  copies  of  the  news- 
paper. In  July  that  newspaper  was  charged  with  sedition  for  having  published  a 
speech  made  by  a  presidential  candidate  in  1995. 

Private  radio  and  television  stations  broadcast  in  Dar  es  Salaam  and  in  a  few 
other  urban  areas,  although  their  activities  may  be  circumscribed.  The  Government 
reportedly  does  not  censor  news  reports,  but  attempts  to  influence  their  content. 
Some  journalists,  such  as  those  in  Zanzibar,  exercise  self-censorship  on  sensitive  is- 
sues. Authorities  prevented  television  cameramen  from  filming  the  swearing  in  of 
an  opposition  member  of  Parliament.  Journalists  who  report  arrests  can  be  charged 
with  obstructing  police  activity  under  the  1964  Police  Act.  In  March  a  journalist  was 
sentenced  to  1  year  in  prison  for  possessing  a  supposedly  secret  document,  which 
was  in  fact  a  jiersonal  letter.  The  arrest  and  conviction  were  widely  publicized,  and, 
in  an  example  of  judicial  independence,  a  court  later  overturned  the  conviction. 

The  Union  Grovemment  sought  to  maintain  some  control  over  the  private  media 
with  the  establishment  of  a  code  of  conduct  for  journalists  and  a  Media  Council. 
With  the  leadership  of  the  local  chapter  of  the  Media  Council  for  Southern  Africa 
and  the  Association  of  Journalists  and  Media  Workers,  journalists  forced  the  Gov- 
ernment to  agree  to  a  voluntary  code  of  ethics  and  establishment  of  a  media  council 
intended  to  preserve  and  expand  media  freedom.  The  council  was  formally  inaugu- 
rated on  August  16,  although  it  came  into  existence  in  1996.  Thus  far,  it  has  proved 
ineffectual. 

Academic  freedom  is  largely  respected  in  practice.  Academics,  increasingly  out- 
spoken in  their  criticism  of  the  Government,  stepped  up  their  calls  for  reform. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly;  however,  the  Government  limits  this  right  in  practice. 
Political  parties  must  give  the  police  48  hours'  advance  notice  of  rallies.  Police  have 
the  authority  to  deny  permission  on  public  safety  or  security  grounds  or  if  the  per- 
mit seeker  belongs  to  an  unregistered  organization  or  political  party.  In  September 
1996,  an  opposition  party  canceled  its  march  to  celebrate  the  victory  of  one  of  its 
by-election  candidates  because  of  government  intimidation,  and  police  dispersed  an- 
other opposition  procession  in  February.  Authorities  arrested  citizens  for  assembling 
without  the  appropriate  permit.  Opposition  parties,  other  than  in  Zanzibar,  are  able 
to  hold  rallies.  Zanzibar  government  officials  prohibited  the  assembly  of  CUF  sup- 
porters and  use  of  CUF  slogans  for  the  10  months  following  the  1995  election.  They 
continue  to  ban  CUF  meetings,  although  they  occasionally  lift  the  ban.  Police  con- 
tinue to  break  up  meetings  attended  by  persons  thought  to  be  opposed  to  the  Zanzi- 
bar Government.  In  Pemba  security  forces  broke  up  gatherings  and  intimidated  offi- 
cials. 

On  the  mainland,  by-elections  that  were  held  6  times  during  the  year  were  on  oc- 
casion marred  by  violence.  Tight  security  was  employed  at  polling  places.  Opposition 
candidates  won  some  of  these  elections.  However,  in  late  1996,  following  its  loss  in 
a  by-election,  the  Government  issued  new  directives  limiting  political  activity  and 
fund  raising  on  the  grounds  of  maintaining  order.  In  advance  of  a  Zanzibar  by-elec- 
tion in  November,  government  officials  harassed  opposition  supporters,  and  some 
violent  incidents  took  place  in  connection  with  voter  registration. 

Police  arrested  7  CUF  ofTicials  including  two  Parliamentarians  on  the  eve  of  the 
November  30  Mkunazini  by-election  in  Zanzibar,  which  was  won  by  the  CUF.  After 
the  election,  police  arrested  an  additional  7  party  ofTicials,  eventually  charging  each 
of  the  14  persons  with  treason  for  having  attempted  to  overthrow  the  Zanzibar  Gov- 
ernment. 

The  Constitution  provides  for  freedom  of  association;  however,  the  Government 
limits  this  right  in  practice.  The  Registrar  of  Political  Parties  has  sole  authority  to 
approve  or  deny  the  registration  of  any  political  party  and  is  responsible  for  en/orc- 


350 

ing  strict  regulations  on  registered  or  provisionally  registered  parties.  The  Constitu- 
tion and  other  legal  acts  and  stipulate  that  citizens  cannot  establish  new  political 
parties;  candidates  must  be  members  of  1  of  the  13  registered  political  parties.  The 
electoral  law  prohibits  independent  candidates;  requires  all  standing  Members  of 
Parliament  to  resign  if  they  join  another  party;  requires  all  political  parties  to  sup- 
port the  union  with  Zanzibar;  and  forbids  parties  based  on  ethnic,  regional,  or  reli- 
gious affiliation.  Parties  granted  provisional  registration  may  hold  public  meetings 
and  recruit  members.  They  have  6  months  to  submit  lists  of  at  least  200  members 
in  10  of  the  country's  25  regions,  including  2  regions  in  Zanzibar,  in  order  to  secure 
full  registration  and  to  be  eligible  to  field  candidates  for  election.  Nonregistered  par- 
ties are  prohibited  from  holding  meetings,  recruiting  members,  or  fielding  can- 
didates. Although  the  Registrar  of  Political  Parties  called  the  registration  provisions 
too  restrictive,  no  remedial  action  has  been  taken.  Moreover,  the  registrar  an- 
nounced plans  to  deregister  parties  that  failed  to  win  3  percent  of  the  vote  in  the 
last  election. 

The  most  prominent  unregistered  party  was  the  Reverend  Christopher  Mikila's 
Democratic  Party,  which  advocates  the  dissolution  of  the  union  and  the  expulsion 
of  minorities  from  the  mainland.  Despite  his  party's  lack  of  government  recognition, 
Mtikila  was  able  to  publicize  his  views  through  his  legally  registered  church  and 
through  ongoing  lawsuits  against  the  Government. 

Under  the  Societies  Ordinance,  the  Ministry  of  Home  Affairs  must  approve  any 
new  association.  Several  nongovernmental  organizations  (NGO's)  were  formed  in  the 
last  few  years  to  address  the  concerns  of  families,  the  disabled,  women,  and  chil- 
dren. NGO's  formed  during  the  year  emphasized  gender  and  environmental  prob- 
lems. Registration  of  new  NGO's  was  suspended,  pending  the  enactment  of  a  new 
NGO  act.  The  National  Women's  Council,  registered  in  1993,  was  suspended  by  the 
Ministry  in  1996  and  deregistered  in  1997,  allegedly  because  it  engaged  in  political 
activity  contrary  to  its  charter.  The  Council  challenged  the  deregistration  in  the 
courts,  and  the  matter  had  not  been  finally  resolved  by  year's  end.  TTie  incident, 
however,  provoked  the  drafting  by  the  Tanganyika  Law  Society  of  a  model  NGO 
law,  which  was  presented  to  the  Government  for  its  consideration.  A  number  of  pro- 
fessional, business,  legal,  and  medical  associations  have  only  begun  to  address  polit- 
ical topics.  The  Government  for  more  than  3  years  withheld  registration  from  an 
NGO  called  Defenders  of  Human  Rights  in  Tanzania  (see  Section  4)  until  finally  de- 
nying registration  during  the  year.  A  youth  group  has  also  been  denied  registration 
on  the  grounds  that  there  already  was  a  youth  organization  affiliated  with  the 
CCM.  Opposition  leaders  complain  that  the  Zanzibar  government  is  even  more  re- 
strictive in  registering  societies  than  the  Union  Government. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  generally  respects  this  right  in  practice,  subject  to  measures  that  it 
claims  are  necessary  to  ensure  public  order  and  safety.  Missionaries  are  allowed  to 
enter  the  country  freely,  particularly  if  proselytizing  is  ancillary  to  other  religious 
activities.  Citizens  are  allowed  to  go  abroad  for  pilgrimages  and  other  religious  prac- 
tices. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  imposes  some  limits  on  these  rights.  Short-term  do- 
mestic travel  is  not  restricted,  but  citizens  must  follow  national  employment  direc- 
tives stipulating  the  nature  of  employment  and  location  of  the  residence.  The 
Human  Resources  Deployment  Act  of  1983  requires  local  governments  to  ensure 
that  every  resident  within  their  area  of  jurisdiction  engages  in  productive  and  law- 
ful employment.  Those  not  employed  are  subject  to  transfer  to  another  area  where 
employment  is  available.  These  laws,  although  generally  not  rigorously  enforced,  are 
used  by  police  as  a  means  of  soliciting  bribes  and  intimidating  urban  residents.  The 
Dar  es  Salaam  City  Council  rounds  up  beggars  for  return  to  their  home  areas,  but 
many  return  to  the  capital.  In  June  the  Zanzibar  government  returned  thousands 
of  persons  to  their  places  of  birth  in  an  effort  to  curb  urban  congestion. 

Passports  for  foreign  travel  may  be  difilcult  to  obtain,  mostly  due  to  bureaucratic 
inefTiciency  and  officials'  demands  for  bribes.  Citizens  can  return  without  difTiculty. 

Mainlanders  are  required  to  show  identification  to  travel  to  Zanzibar  and  arc  not 
allowed  to  work  or  own  land  on  the  islands. 

The  Government  cooperates  with  the  U.  N.  High  Commissioner  for  Refugees.  The 
Government  traditionally  maintained  a  generous  open  border  policy  both  with  re- 
gard to  neighboring  countries'  refugees  and  to  persons  seeking  political  asylum. 
However,  following  an  influx  of  Rwandan  refugees  in  early  1995,  the  Government 
closed  the  borders  with  Rwanda  and  Burundi.  Tens  of  thousands  of  asylum  seekers 
nonetheless  entered  the  country  thereafter.  Occasionally  local  authorities  used  laws, 
such  as  those  on  poaching,  trespassing,  and  illegal  migration,  to  forcibly  repatriate 
several  hundred  Rwandan  refugees  previously  admitted.  By  early  1997,  virtually  all 


351 

Rwandans  had  departed  because  of  the  Government's  use  of  force  and  intimidation. 
Most  remaining  Rwandans  are  considered  illegal  immigrants,  but  a  relatively  small 
number  of  Rwandans  who  feared  for  their  safety  were  granted  asylum  by  the  Gov- 
ernment, and  appeals  by  others  who  petitioned  for  asylum  are  pending. 

Tanzania  continues  to  offer  first  asylum  to  over  250,000  refugees  from  Burundi 
and  the  Democratic  Republic  of  Congo. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

A  multiparty  political  system  was  ofiicially  introduced  in  1992.  In  1995,  for  the 
first  time  in  more  than  30  years,  citizens  exercised  their  right  to  change  their  gov- 
ernment through  national  elections  for  president  and  parliament.  The  CCM,  with 
huge  advantages  over  opposition  parties  in  membership  and  access  to  resources  in- 
cluding its  own  daily  Kiswahili  Language  newspaper,  retained  186  of  232  elective 
seats  in  Parliament  and  won  the  presidency.  Despite  government  tactics  to  restrict 
or  delay  the  activities  of  its  opponents,  the  opposition  achieved  occasional  success 
in  judicial  challenges  and  received  about  38  percent  of  the  vote.  The  Government 
arrested  opposition  politicians  for  holding  meetings,  distributing  information,  and 
other  acts  that  it  regarded  as  seditious. 

The  Constitution  of  Zanzibar  provides  citizens  with  the  right  to  change  peacefully 
their  government;  however,  this  right  has  been  severely  circumscribed.  The  1995 
presidential  election  in  Zanzibar  was  seriously  flawed.  Government-owned  broadcast 
media  in  Zanzibar  were  biased  in  favor  of  the  CCM  incumbent  president  Salmin 
Amour  Juma.  The  government  party  intimidated  and  harassed  the  opposition  and 
did  not  permit  opposition  rallies  until  2  months  prior  to  the  election.  Further,  reg- 
istration was  limited  to  persons  who  had  maintained  the  same  residence  for  5  years, 
which  disenfranchised  many  voters.  CUF  party  members  were  also  detained  by  po- 
lice when  they  attempted  to  campaign  in  rural  areas. 

Election  observers  in  Zanzibar  were  denied  access  to  the  tabulation  of  votes  from 
polling  stations.  After  4  days,  the  Zanzibar  Electoral  Commission  appointed  by  the 
Amour  government,  announced  that  Amour  had  won  by  0.5  percent  of  the  vote.  Fig- 
ures tabulated  by  the  CUF  showed  a  similarly  close  victory  for  its  candidate.  After 
eflbrts  by  the  international  community  to  reconcile  discrepancies  in  the  vote  count- 
ing, observers  concluded  that  the  official  results  may  have  been  inaccurate.  The 
Zanzibar  and  Union  Governments  both  rejected  calls  to  overturn  the  result  and  con- 
duct a  new  election  for  the  presidency  of  Zanzibar. 

In  the  2  years  since  the  election,  government  security  forces  and  CCM  gangs  har- 
assed and  intimidated  CUF  members  on  both  main  Zanzibar  islands,  I'emba  and 
Ugunja.  Because  the  CUF  won  all  20  seats  on  Pemba,  Pembans  living  on  Ugunja 
were  regarded  as  CUF  supporters  and  as  a  result  were  harassed.  CUF  members  ac- 
cused police  of  detaining  dozens  of  its  members  including  several  local  leaders. 
Many  CUF  supporters  left  Ugunja  for  Pemba  or  the  mainland.  Citizens'  safety  is 
not  ensured  in  Pemba,  however,  where  security  forces  dispersed  gatherings  and  in- 
timidated individuals.  Almost  all  international  donors  have  suspended  direct  assist- 
ance to  Zanzibar  in  response  to  activities  of  the  authorities. 

There  are  no  restrictions  in  law  on  the  participation  of  women  in  politics  and  gov- 
ernment. In  practice,  however,  few  women  are  politically  active.  Eight  of  232  elected 
members  of  the  Union  Parliament  are  women.  In  addition,  37  female  members  of 
the  CCM  and  opposition  parties  were  appointed  to  Parliament  to  seats  reserved  for 
women  in  order  to  meet  the  legal  requirement  that  at  least  15  percent  of  Members 
of  Parliament  be  women.  The  President  has  set  a  goal  that  women  constitute  30 
percent  of  parliamentarians  elected  in  2000.  Three  of  the  Cabinet's  23  ministers  are 
women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  has  obstructed  the  formation  of  local  human  rights  groups.  Per- 
sons seeking  to  register  human  rights  NGO's,  such  as  the  Defenders  of  Human 
Rights  in  Tanzania  and  the  Tanzania  Human  Rights  Education  Society,  complained 
that  the  Ministry  of  Home  Affairs  continued  to  delay  action  on  their  applications 
(see  Section  2.b.).  This  hampered  their  access  and  efforts  to  monitor  violations  of 
human  rights.  The  Government  continued  to  refuse  registration  of  the  African 
Human  Rights  and  Justice  Protection  Network  on  the  grounds  that  it  was  politically 
oriented.  The  Government  deregistered  the  National  Women's  Council  (see  Section 
2.b.). 

Government  ofiicials  have  said  that  international  human  rights  groups  are  wel- 
come to  visit  Tanzania.  Anmesty  International  visited  5  times  during  the  year. 


352 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  nationahty,  tribe,  origin,  polit- 
ical affiliation,  color,  religion,  or  lifestyle.  Discrimination  based  on  sex,  age,  or  dis- 
ability is  not  specifically  prohibited  by  law  but  is  publicly  discouraged  in  official 
statements. 

Women. — Violence  against  women  remained  widespread.  Legal  remedies  exist,  but 
in  practice  are  difficult  to  obtain.  Traditional  customs  subordmating  women  remain 
strong  in  both  urban  and  rural  areas  and  local  magistrates  oflen  upheld  such  prac- 
tices. Women  may  be  punished  for  not  bearing  children.  It  is  accepted  for  a  husoand 
to  treat  his  wife  as  he  wishes,  and  wife  beating  can  occur  at  all  levels  of  society. 
Cultural,  family,  and  social  pressure  prevent  many  women  from  reporting  abuses 
to  authorities.  Nonetheless,  tne  Ministry  of  Home  Affairs  noted  that  an  average  of 
10,000  cases  of  wife  beating  are  reported  annually.  Government  officials  frequently 
make  public  statements  decrying  such  abuses,  but  rarely  is  action  taken  against 
perpetrators. 

Although  the  Government  advocates  equal  rights  for  women  in  the  workplace,  it 
does  not  ensure  these  rights  in  practice.  In  the  public  sector,  which  employs  80  per- 
cent of  the  salaried  labor  force,  certain  statutes  restrict  women's  access  to  some  jobs 
or  hours  of  employment.  While  progress  on  women's  rights  has  been  more  noticeable 
in  urban  areas,  strong  traditional  norms  still  divide  labor  along  gender  lines  and 
place  women  in  a  subordinate  position.  Discrimination  against  women  is  most  acute 
in  the  countryside,  where  women  are  relegated  to  farming  and  raising  children,  and 
have  almost  no  opportunity  for  wage  employment.  Custom  and  tradition  oflen 
hinder  women  from  owning  property  such  as  land,  and  these  factors  may  .override 
other  laws  that  provide  for  equal  treatment.  Women  seeking  higher  education  may 
be  harassed  by  male  colleagues,  but  authorities  have  largely  ignored  the  practice. 

The  overall  situation  for  women  is  even  less  favorable  in  heavily  Muslim  Zanzi- 
bar. Women  there,  and  in  many  parts  of  the  mainland,  face  discriminatory  restric- 
tions on  inheritance  and  ownership  of  property  because  of  concessions  by  the  Gov- 
ernment and  courts  to  customary  and  Islamic  law.  While  provisions  of  the  Marriage 
Act  provide  for  certain  inheritance  and  property  rights  for  women,  application  of 
customary.  Islamic,  or  statutory  law  depends  on  the  lifestyle  and  stated  intentions 
of  the  male  head  of  household.  The  courts  have  thus  upheld  discriminatory  inherit- 
ance claims  primarily  in  rural  areas.  Under  Zanzibari  law,  unmarried  women  under 
the  age  of  21  who  become  pregnant  are  subject  to  2  years'  imprisonment. 

Several  NGO's  provide  counseling  and  education  programs  on  women's  rights 
problems,  particularly  sexual  harassment  and  molestation.  The  Government 
deregistered  the  National  Woman's  Council  (See  Section  2.b.). 

Children. — Government  funding  of  programs  for  children's  welfare  remained  min- 
uscule. The  Government  has  made  some  constructive  efforts  to  address  children's 
welfare,  including  working  closely  with  the  U.N.  Children's  F'und  and  other  inter- 
national and  local  organizations  to  improve  the  well-being  of  orphans  and  neglected 
children. 

The  law  provides  for  7  years  of  compulsory  schooling  through  the  age  of  15.  In 
January  the  Education  Minister  said  that  some  teachers  were  demanding  money  to 
enroll  students  in  school  with  the  result  that  some  children  have  been  denied  an 
education.  The  Warioba  Commission  confirmed  that  bribes  may  determine  whether 
a  child  is  eligible  to  register  in  school.  In  the  past,  girls  who  became  pregnant  were 
expelled  from  school.  In  1996  ofTicials  put  into  effect  procedures  to  permit  pregnant 
girls  to  continue  their  educations  following  their  maternity  absences.  However,  the 
application  of  these  procedures  is  not  universal,  and  laws  forcing  girls  out  of  school 
remain  in  effect. 

Female  genital  mutilation  (FGM)  is  widely  condemned  by  international  health  ex- 
perts as  damaging  to  both  physical  and  psychological  health.  Although  the  Govern- 
ment officially  discourages  FGM,  it  is  still  performed  at  an  early  age  in  approxi- 
mately 20  of  the  counties  130  main  ethnic  groups,  affecting  18  percent  of  the  fe- 
male population,  according  to  a  1996  health  survey  conducted  by  tne  Bureau  of  Sta- 
tistics. In  some  groups,  FGM  is  compulsory,  and  in  others,  a  woman  who  has  not 
undergone  the  ritual  may  not  be  able  to  marry.  In  the  Arusha  and  Dodoma  regions, 
a  rep)orted  81  and  68  percent  of  women,  respectively,  have  suffered  FGM.  Govern- 
ment officials  have  called  for  changes  in  practices  that  adversely  affect  women,  but 
introduced  no  legislation  that  would  specifically  restrict  the  practice  of  FGM.  Some 
local  government  officials  have  begun  to  combat  the  practice,  and  in  1996  convicted 
and  imprisoned  some  persons  who  mutilated  young  girls.  Seminars  sponsored  by 
various  governmental  and  nongovernmental  organizations  are  regularly  held  in  an 
attempt  to  educate  the  public  on  the  dangers  of  FGM  and  other  traditional  prac- 
tices. These  practices  include  the  tradition  of  inherited  wives,  which  critics  contend 


353 

contributes  to  the  spread  of  HIV/AIDS.  While  some  authorities  believe  that  FGM 
is  declining,  a  government  report  suggests  that  it  is  on  the  rise,  especially  in  the 
central  region. 

People  With  Disabilities. — The  Government  does  not  mandate  access  to  public 
buildings,  transportation,  or  government  services  for  people  with  disabilities.  Al- 
though there  is  no  official  discrimination  against  the  disabled,  in  practice  the  phys- 
ically disabled  are  effectively  restricted  in  their  access  to  education,  employment, 
and  provision  of  other  state  services  due  to  physical  barriers.  The  Government  pro- 
vides only  limited  fundingfor  special  facilities  and  programs. 

Religious  Minorities.— ^The  Muslim  community  claims  to  be  disadvantaged  in 
terms  of  its  representation  in  the  civil  service  and  government  and  in  state-owned 
business,  in  part  because  both  colonial  and  past  post-independence  administrations 
refused  to  recognize  the  credentials  of  traditional  Muslim  schools.  As  a  result,  there 
is  widespread  Muslim  resentment  of  the  perceived  advantages  enjoyed  by  Chris- 
tians. Christians,  in  turn,  have  been  critical  of  what  they  perceive  as  undue  favor- 
itism accorded  to  Muslims  in  appointments,  jobs,  and  scholarships  by  former  Presi- 
dent Ah  Hassan  Mwinyi,  a  Muslim.  Some  leaders  in  both  groups  appear  to  be  fo- 
menting religious  tension.  There  does  not  appear  to  be  any  serious  problem  of  dis- 
crimination due  to  religion  in  access  to  employment  or  educational  opportunities. 

National / Racial/ Ethnic  Minorities. — In  the  past,  the  Government  discriminated 
against  the  Barabaig  and  other  nomadic  people  in  the  north.  These  ethnic  groups 
continued  to  complain  of  past  government  discrimination  because  of  efforts  to  make 
them  adopt  a  more  modern  lifestyle  and  to  restrict  their  access  to  pastoral  land  that 
was  turned  into  large  government  wheat  farms. 

The  Asian  community  declined  by  50  percent  in  the  past  decade  to  about  50,000, 
a  result  of  considerable  antipathy  by  many  African  Tanzanians.  There  are,  however, 
no  laws  or  official  policies  that  discriminate  against  Asians.  As  the  Government 
places  greater  emphasis  on  market-oriented  poficies  and  privatization,  public  con- 
cern regarding  the  Asian  minority's  economic  role  has  increased.  This  has  led  to  de- 
mands for  policies  of  "indigenization"  to  ensure  that  privatization  does  not  increase 
the  Asian  community's  economic  predominance  at  the  expense  of  the  country's  Afri- 
can population. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Both  the  Constitution  and  the  1955  Trade  Union  Or- 
dinance refer  to  the  right  of  association  of  workers.  Nevertheless,  workers  do  not 
have  the  right  to  form  or  join  organizations  of  their  choice.  The  Organization  of  Tan- 
zania Trade  Unions  Act  of  1991  addresses  all  labor  union  issues.  The  act  created 
the  Organization  of  Tanzania  Trade  Unions  (OTTU),  the  only  trade  union  organiza- 
tion; it  was  renamed  the  Tanzania  Federation  of  Trade  Unions  (TFTU)  in  1995.  The 
Federation  is  able  to  function,  although  it  has  still  not  been  formally  registered.  The 
TFTU  is  comprised  of  11  independent  trade  unions,  which  have  the  right  to  leave 
the  TFTU  and  to  collect  their  own  dues,  5  percent  of  which  are  contributed  to  the 
federation. 

In  May  the  regional  International  Labor  Organization  (ILO)  representative  called 
for  the  repeal  oT  the  OTTU  act,  noting  that  the  law  hindered  the  registration  of 
unions.  More  than  2  years  after  the  labor  reorganization,  only  1  of  the  11  new  inde- 
pendent unions,  the  Tanzanian  Teachers'  Union,  is  fully  registered.  Although  unions 
exist  in  the  workplace,  the  absence  of  registration  makes  relations  with  employers 
difficult.  Noting  this,  in  July  the  chairman  of  the  Association  of  Tanzania  Employers 
called  on  the  Government  to  recognize  the  unions  in  law.  In  late  1996,  the  Zanzibar 
Government  suspended  the  activities  of  the  teachers'  union  and  stated  that  it  did 
not  recognize  any  trade  union,  even  those  ofTicially  registered. 

Although  the  TFTU  may  nominally  represents  60  percent  of  workers  in  industry 
and  government,  in  some  sectors  it  deducts  dues  from  workers'  pay  whether  or  not 
they  are  members.  The  TFTU  has  little  influence  on  labor  policy.  Overall,  less  than 
25  percent  of  the  country's  2  million  wage  earners  are  organized.  All  workers,  in- 
cluding those  classified  as  "essential"  service  workers,  are  permitted  to  join  unions, 
but  essential  workers  are  not  permitted  to  strike. 

There  are  no  laws  prohibiting  retribution  against  legal  strikers.  However,  workers 
have  the  legal  right  to  strike  only  after  complicated  and  protracted  mediation  and 
conciliation  procedures  leading  ultimately  to  tne  Industrial  Court,  which  receives  di- 
rection from  the  Minister  of  Labor  and  Youth  Development.  If  the  TFTU  is  not  sat- 
isfied with  the  decision  of  the  Industrial  Court,  it  may  then  conduct  a  legal  strike. 
These  procedures  can  prolong  a  dispute  by  months  without  resolving  it.  Pending  a 
resolution,  frustrated  workers  have  staged  impromptu,  illegal  wildcat  strikes  and 
walkouts.  The  Tanzanian  Harbor  Authority  workers,  glass  workers,  textile  workers, 
and  newspaper  workers  staged  such  strikes  during  the  year. 


354 

The  TFTU  expanded  upon  its  forerunner's  membership  in  regional  and  pan 
Africanist  trade  union  organizations  by  joining  the  International  Confederation  of 
Free  Trade  Unions  in  1996. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  is  pro- 
tected by  law  but  limited  to  the  private  sector.  Wages  for  employees  of  the  Govern- 
ment and  state-owned  organizations,  which  account  for  the  bulk  of  the  salaried 
labor  force,  are  administratively  set  by  the  Government. 

Although  the  TFTU  negotiates  on  behalf  of  most  private  sector  employees  with 
the  Association  of  Tanzanian  Employers,  collective  agreements  must  be  submitted 
to  the  Industrial  Court  for  approval.  The  ILO  has  observed  that  these  provisions  are 
not  in  conformity  with  ILO  Convention  98  on  Collective  Bargaining  and  the  Right 
to  Organize.  The  Security  of  Employment  Act  of  1964  prohibits  discriminatory  ac- 
tivities by  an  employer  against  union  members.  Employers  found  guilty  of  antiunion 
activities  are  legally  required  to  reinstate  workers.  According  to  the  Warioba  Com- 
mission, bribes  may  determine  whether  a  worker  dismissed  m)m  his  job  may  be  re- 
installed. 

There  are  no  export  processing  zones  (EPZ's)  on  the  mainland,  but  there  are  three 
in  Zanzibar.  Working  conditions  are  comparable  to  those  in  other  areas.  Labor  law 
protections  apply  to  EPZ  workers. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor,  which  also  applies  to  children.  However,  the  ILO  observed  that 
various  provisions  of  the  law  are  incompatible  with  ILO  Conventions  29  and  105  on 
forced  labor.  Specifically,  the  Human  Resources  Deployment  Act  of  1983  requires 
that  every  local  government  authority  ensure  that  able-bodied  persons  over  15  years 
of  age  not  in  school  engage  in  productive  or  other  lawful  employment.  In  some  rural 
areas,  ordinary  villagers  are  still  obligated  to  work  in  the  village  communal  gardens 
or  on  small  construction  projects,  such  as  repairing  roads. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Con- 
stitution does  not  specifically  prohibit  forced  or  bonded  child  labor,  but  the  Govern- 
ment is  working  with  NGO's  to  establish  this  prohibition  explicitly  (see  Section  6.c.). 
By  law  children  under  the  age  of  12  are  prohibited  from  working  in  the  formal  wage 
sector  in  both  urban  and  rural  areas,  and  the  Government  enforces  this  prohibition. 
However,  this  provision  does  not  apply  to  children  working  on  family  farms  or 
herding  domestic  livestock.  Children  oetween  the  ages  of  12  and  15  may  be  em- 
ployed on  a  daily  wage  and  on  a  day-to-day  basis,  but  they  must  have  parental  per- 
mission and  return  to  the  residence  of  their  guardian  at  night. 

The  minimum  age  for  work  of  a  contractual  nature  in  approved  occupations  is  set 
at  15  years.  The  law  prohibits  a  young  person  from  employment  in  any  occupation 
that  is  injurious  to  health  and  that  is  dangerous  or  otherwise  unsuitable.  Young 
persons  between  the  ages  of  12  and  15  may  be  employed  in  industrial  work  but  only 
between  the  hours  of  6  a.m.  and  6  p.m.,  with  some  exceptions.  The  Ministry  of 
Labor  and  Social  Welfare  and  Youth  Development  is  responsible  for  enforcement, 
but  the  number  of  inspectors  is  inadequate  to  police  conditions.  The  effectiveness 
of  government  enforcement  reportedly  has  declined  with  increased  privatization.  Ap- 
proximately 3,000  to  5,000  children  engage  in  seasonal  employment  on  sisal,  tea, 
tobacco,  and  coffee  plantations.  Children  working  on  plantations  generally  receive 
lower  wages  than  their  older  counterparts  although  they  may  be  in  comparable  jobs. 
Work  on  sisal  plantations  is  particularly  hazardous  and  detrimental  to  children.  On 
one  sisal  plantation,  children  made  up  30  percent  of  the  work  force;  only  half  the 
children  had  completed  primary  school.  They  had  a  high  incidence  of  skin  and  res- 
piratory problems,  were  not  provided  protective  clothing,  and  lacked  adequate  nour- 
ishment and  lodging.  Another  1,500  to  3,000  children  work  in  unregulated  gemstone 
mines.  In  the  informal  sector,  children  assist  their  parents  in  unregulated  piecework 
manufacturing. 

e.  Acceptable  Conditions  of  Work. — A  legal  minimum  wage  for  employment  exists 
in  the  formal  sector.  The  TFTU  often  negotiates  higher  minimum  wages  with  indi- 
vidual employers,  defjending  on  the  financial  status  of  the  business.  The  legal  mini- 
mum wage  is  $27  (17,500  Tanzanian  shillings)  per  month.  Even  when  supplemented 
with  various  benefits  such  as  housing,  transport  allowances,  and  food  subsidies,  the 
minimum  rate  may  not  always  be  sufficient  to  provide  a  decent  standard  of  living 
for  a  worker  and  family,  and  workers  must  depend  on  the  extended  family  or  a  sec- 
ond or  third  job.  Despite  the  minimum  wage,  many  workers,  especially  in  the  infor- 
mal sector,  are  paid  less. 

There  is  no  standard  legal  workweek.  However,  a  5-day,  40-hour  workweek  is  in 
effect  for  government  workers.  Most  private  employers  retain  a  6-day,  44-  to  48-hour 
workweek.  In  general,  women  may  not  be  employed  between  10  p.m.  and  6  a.m. 
Several  laws  regulate  safety  in  the  workplace.  An  occupational  health  and  safety 
factory  inspection  system,  set  up  with  the  assistance  of  the  ILO,  is  now  managed 


355 

by  the  Ministry  of  Labor  and  Social  Welfare  and  Youth  Development.  Its  effective- 
ness, however,  is  limited. 

TFTU  officials  have  claimed  that  enforcement  of  labor  standards  is  efTective  in  the 
formal  sector,  but  no  verification  studies  have  been  performed.  Workers  may  sue  an 
employer  through  their  TFTU  branch  if  their  working  conditions  do  not  comply  with 
the  Ministry  of  Labor's  health  and  environmental  standards.  Workers  making  such 
complaints  have  not  lost  their  jobs  as  a  result.  However,  workers  do  not  have  the 
right  to  remove  themselves  from  dangerous  situations  without  jeopardizing  their 
employment.  Enforcement  of  labor  standards  is  nonexistent  in  the  informal  sector. 


TOGO 


President  General  Gnassingbe  Eyadema  and  his  Assembly  of  the  Togolese  People 
(RPT)  party,  strongly  backed  by  the  military,  continue  to  dominate  the  exercise  of 
political  power.  During  the  year,  the  RPT  used  its  parliamentary  majority  in  the 
National  Assembly  to  create  a  Constitutional  Court,  an  Audio-visual  and  Commu- 
nications Authority,  and  a  Supreme  Council  for  the  Magistrature.  Despite  the  Gov- 
ernment's professed  intention  to  move  from  an  authoritarian  legacy  to  democracy, 
in  practice  the  new  legislation  ensures  that  President  Eyadema  and  his  supporters 
continue  to  maintain  firm  control  over  all  facets  of  government.  As  all  of  these  new 
bodies  are  filled  with  allies  and  supporters  of  President  Eyadema,  their  authority 
is  thus  limited,  and  their  autonomy  and  effectiveness  is  very  much  in  doubt.  The 
Government  also  moved  forward  unilaterally  to  update  electoral  lists  and  make 
preparations  for  the  presidential  election,  scheduled  for  June  or  July  1998.  Despite 
opposition  demands  to  establish  an  electoral  system  free  from  government  infiuence 
for  the  election,  the  RPT  majority  in  the  National  Assembly  passed  a  new  Electoral 
Code  that  gives  responsibility  for  organizing  elections  to  the  Minister  of  Interior,  an 
army  general.  The  National  Electoral  Commission,  whose  own  independence  is  not 
guaranteed  by  the  new  legislation,  is  merely  charged  with  confirming  the  results  of 
the  election.  The  Government  also  exerts  control  over  the  judiciary. 

The  security  forces  consist  primarily  of  the  army  (including  the  elite  Presidential 
Guard),  navy,  air  force,  the  Surete  Nationale  (including  the  national  police),  and  the 
Gendarmerie.  Approximately  90  percent  of  the  army's  officers  and  70  percent  of  its 
soldiers  come  from  the  President's  northern  (Kabye)  ethnic  group.  The  Minister  of 
the  Interior  is  in  charge  of  the  national  police,  and  the  Defense  Minister  has  nomi- 
nal authority  over  the  other  security  forces.  In  practice  there  is  little  differentiation 
between  civilian  and  military  authorities.  Security  forces  remain  overwhelmingly 
loyal  to  their  chief.  President  Eyadema,  subject  to  his  direct  control,  and  carry  out 
his  orders.  Some  members  of  the  security  forces  committed  serious  human  rights 
abuses. 

About  80  percent  of  the  country's  estimated  4.25  million  people  are  engaged  in 
subsistence  agriculture,  but  there  is  also  an  active  commercial  sector.  The  main  ex- 
ports are  phosphates,  cotton,  and  cocoa,  which  are  the  leading  sources  of  foreign  ex- 
change. While  there  has  been  considerable  recovery  in  the  gross  domestic  product 
(GDP)  since  the  severe  political  and  economic  crisis  of  the  early  1990's,  annual  per 
capita  GDP  remains  below  $400.  The  country  is  slowly  moving  toward  structural  ad- 
justment under  programs  of  international  financial  institutions  and  has  resumed 
moderate  growth. 

The  Government's  human  rights  record  continued  to  be  poor.  The  Government  re- 
stricted citizens'  right  to  change  their  government.  Security  forces  were  responsible 
for  extrajudicial  killings,  beatings,  arbitrary  detentions,  and  interference  with  citi- 
zens' movement  and  privacy  rights.  The  Government  did  not,  in  general,  investigate 
or  effectively  punish  those  who  committed  such  abuses.  Prolonged  pretrial  detention 
was  commonplace,  and  prison  conditions  remained  very  harsh.  The  Government  con- 
tinued to  influence  the  judiciary;  defendants'  rights  to  fair  and  expeditious  trials  are 
not  ensured,  and  some  detainees  wait  years  to  be  judged.  The  Government  and  the 
security  forces  restricted  freedom  of  speech  and  of  the  press,  often  using  investiga- 
tive detention  and  suspension  of  newspaper  publication  to  harass  journalists  and  po- 
litical opponents.  Government  intimidation  limits  freedom  of  assembly.  The  Na- 
tional Assembly  renewed  the  mandate  of  the  National  Human  Rights  Commission, 
but  it  is  dominated  by  supporters  of  Eyadema.  Societal  discrimination  and  violence 
against  women,  as  well  as  abuse  of  children,  continued. 


356 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — ^A  heavy  security  presence  combined 
with  habitual  impunity  enjoyed  by  members  of  the  security  forces  has  created  a  cli- 
mate in  which  excessive  force  can  be  used  without  legal  consequences.  There  were 
two  confirmed  cases  of  extrajudicial  killing  by  members  of  the  security  forces. 
Dosseh  Danklou  and  Agbodjinshie  Yakanou,  supporters  of  prominent  self-exiled  op- 
position leader  and  former  Interior  Minister  Alphonse  Kokouvi  Masseme,  were 
killed  in  detention  by  security  forces  following  their  arrest  on  June  15  on  weapons 
charges  in  the  border  village  of  Akato.  Two  other  men,  arrested  at  the  same  time, 
were  later  released  (see  Section  2.d.). 

In  addition  to  these  confirmed  incidents,  opponents  of  the  Government  alleged 
other  killings  and  attacks  linked  to  security  forces.  Apetse  Kofii  Edem,  a  former 
member  of  the  Togolese  armed  forces  who  had  been  living  in  Ghana  as  a  refugee, 
was  killed  by  heavily-armed  men  in  an  ambush  on  February  3  on  the  road  to 
Kpalime.  His  body,  along  with  that  of  another  man,  was  found  the  next  day  in  a 
field  near  the  town  of  Notse,  90  kilometers  north  of  Lome.  On  February  19,  an  un- 
identified young  man  was  killed  by  members  of  the  security  forces,  who  knocked 
him  off  his  motorcycle  as  he  passed  in  front  of  a  military  checkpoint  near  the  Ghana 
border.  Komlan  Hofia  Pomeavo,  a  family  member  of  Alphonse  Kokouvi  Masseme, 
was  arrested  by  security  forces  on  March  1.  His  body  was  found  the  next  day  in 
a  ditch  by  the  side  of  the  road  near  his  village  of  Akato. 

The  bodies  of  two  men  were  found  on  June  29  near  a  village  close  to  the  Ghana 
border.  Reliable  sources  claimed  that  the  two  men  were  killed  by  members  of  the 
security  forces  in  retaliation  for  a  series  of  attacks  on  police  in  the  Sanguera  region, 
20  kilometers  north  of  Lome. 

In  December  the  Lome  Court  of  Appeals  sentenced  Aleka  Kpakou  and  Kouma 
Dolla,  the  soldiers  accused  in  the  murder  of  German  diplomat  Thomas  Rupprecht 
in  February  1996,  to  10  years  in  prison.  There  were,  however,  no  developments  in 
the  1996  murders  of  Captain  Philippe  Azote  or  Anthony  Dogbo.  Likewise  there  was 
no  progress  in  solving  tne  1996  murders  of  Rose  Woenagno,  Amouzou  Adjakly,  or 
Komlavi  Yebesse.  Nor  were  there  further  developments  in  the  1995  murder  in 
Ghana  of  opposition  leader  Lieutenant  Vincent  Tokofai,  the  1994  killing  of  Gaston 
Edeh,  or  the  1992  killings  of  Marc  Atidepe.and  Tavio  Amorin. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
There  were,  however,  no  developments  in  the  1994  disappearance  of  David  Bruce, 

or  in  the  disappearance  of  Afougnilede  Essiba,  Adanou  Igbe,  Kobono  Kowouvi,  and 
another  companion,  all  four  of  whom  were  arrested  by  soldiers  at  an  armed  security 
checkpoint  in  Adetikope  in  1994.  In  1994  the  Government  began  an  investigation 
of  the  Bruce  disappearance  but  has  not  reported  any  results. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment.— 
The  law  prohibits  these  practices,  but  security  forces  often  beat  detainees  imme- 
diately after  arresting  them.  Some  suspects  have  claimed  credibly  to  have  been 
beaten  and  denied  access  to  food  and  medical  attention.  The  Government  did  not 
investigate,  prosecute,  or  punish  any  officials  for  these  abuses. 

Prison  conditions  remained  very  harsh,  with  serious  overcrowding  and  inadequate 
sanitation  and  food.  Medical  facilities  are  practically  nonexistent  and  disease  is 
widespread.  Despite  these  problems,  there  were  no  reported  deaths  of  prisoners  due 
to  disease  or  inadequate  medical  facilities,  unlike  in  1996,  when  conditions  led  to 
an  estimated  15  deaths.  Prison  guards  in  the  overcrowded  Civil  Prison  of  Lome 
charge  prisoners  a  small  fee  to  shower,  use  the  toilet,  or  have  a  place  to  sleep.  Chil- 
dren are  often  incarcerated  with  convicted  adults.  Women  are  housed  separately. 

Although  international  and  local  private  organizations  have  access  to  prisons  for 
monitoring  purposes,  the  Ministry  of  Justice  refused  written  requests  from  diplo- 
matic missions  lor  monitoring  visits. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  allows  authorities  to  hold  ar- 
rested persons  incommunicado  without  charge  for  48  hours,  with  an  additional  48- 
hour  extension  in  cases  deemed  serious  or  complex.  In  practice  detainees  can  be, 
and  often  are,  detained  without  bail  for  lengthy  periods  with  or  without  the  ap- 
proval of  a  judge.  Family  members  and  attorneys  ofiicially  have  access  to  a  detainee 
after  the  initial  48-  or  96-hour  detention  period,  but  authorities  often  delay,  and 
sometimes  deny,  access. 

Judges  or  senior  police  officials  issue  warrants.  Although  detainees  have  the  right 
to  be  mformed  of  the  charges  against  them,  police  sometimes  ignore  this  right.  The 
law  stipulates  that  a  special  judge  conduct  a  pretrial  investigation  to  examine  the 
adequacy  of  evidence  and  decide  on  bail.  However,  a  shortage  of  judges  and  other 
qualified  personnel,  plus  official  indifference,  have  resulted  in  lengthy  pretrial  de- 


357 

tentions — in  some  cases  several  years — and  confinement  of  prisoners  beyond  their 
sentences.  An  estimated  50  percent  of  the  prison  population  were  pretrial  detainees. 
The  Government  continued  to  use  brief  investigative  detentions  of  less  than  48 
hours  to  harass  and  intimidate  opponents  and  journalists  for  alleged  defamation  of 
government  oflicials  (see  Section  2. a.).  The  Government  often  resorts  to  false 
charges  of  common  crimes  to  detain  and  intimidate  opponents. 

There  were  instances  of  arbitrary  arrests  and  detention.  In  the  week  preceding 
the  January  13  anniversary  celebration  of  President  Eyadema's  coup  d'etat,  security 
forces  arrested  a  number  of  young  men  in  the  Nyekonakpoe  and  Adidogome  Casa- 
blanca districts  of  Lome.  These  areas  are  reputedly  strongholds  of  the  opposition 
and  are  also  adjacent  to  the  border  with  Ghana.  Security  forces  reportedly  deployed 
and  then  conducted  identity  checks  throughout  the  area,  arresting  those  who  could 
not  produce  identity  cards.  The  security  forces  conducted  a  similar  roundup  in  the 
Be  quarter  of  Lome  (the  site  of  the  anniversary  parade)  2  days  before  the  celebra- 
tion. All  those  detained  were  later  released.  Houssoukpe  Kokou  was  detained  on 
June  15  and  held  for  3  days  on  charges  that  his  8-year-old  son  was  found  carrying 
a  gun.  Security  forces  found  no  weapons  when  they  conducted  a  search  of  his  resi- 
dence. Dogbolo  Sofahu  and  Agbodzalu  Kemavo,  arrested  on  June  15  along  with 
Dosseh  Danklou  and  Agbodjinshie  Yakanou  (see  Section   l.a.),  were  later  released. 

In  December  security  forces  detained  Jean-Pierre  Fabre,  the  Secretary  General  of 
Gilchrist  Olympio's  Union  of  the  F'orces  for  Change  (UFC)  Party.  F'abre  was  accused 
of  plotting  to  take  pictures  of  cadavers  at  Lome  hospitals,  supposedly  of  persons 
killed  by  security  forces.  The  pictures  reportedly  were  to  be  used  in  a  London  press 
conference  by  Olympio  to  attempt  to  defame  the  military.  The  Government  did  not 
produce  any  photographs,  did  not  file  charges,  and  released  Fabre  after  a  36-hour 
detention. 

The  Constitution  prohibits  exile,  and  the  Government  respects  this  prohibition. 

e.  Denial  of  Fair  Public  Trial. — Although  the  Constitution  provides  for  an  inde- 
pendent judiciary,  in  practice  the  executive  branch  continued  to  influence  the  judici- 
ary. The  Government  established  a  Supreme  Council  for  the  Magistrature  in  Au- 
gust, but  a  majority  of  its  members  are  strong  supporters  of  President  Eyadema. 

The  Constitutional  Court,  established  in  March,  stands  at  the  apex  of  the  court 
system.  The  civil  judiciary  system  includes  the  Supreme  Court,  the  Sessions  (Court 
of  Assizes),  and  Appeals  Courts.  A  military  tribunal  exists  for  crimes  committed  by 
security  forces,  but  its  proceedings  are  closed.  Traditional  law  discriminates  against 
women,  particularly  in  the  area  of  inheritance. 

The  court  system  remained  overburdened  and  understaffed  (see  Section  l.d.). 
Magistrates,  like  most  government  employees,  are  not  always  paid  on  time.  The  ju- 
dicial system  employs  both  African  traditional  law  and  the  Napoleonic  Code  in  try- 
ing criminal  and  civil  cases.  Trials  are  open  to  the  public,  and  judicial  procedures 
are  generally  respected.  Defendants  have  the  right  to  counsel  and  to  appeal.  The 
Bar  Association  provides  attorneys  for  the  indigent.  Defendants  may  confront  wit- 
nesses, present  evidence,  and  enjoy  a  presumption  of  innocence.  In  rural  areas,  the 
village  chief  or  council  of  elders  may  try  minor  criminal  and  civil  cases.  Those  who 
reject  the  traditional  ruling  may  take  their  cases  to  the  regular  court  system,  which 
is  the  starting  point  for  cases  in  urban  areas. 

There  were  no  reports  of  political  prisoners. 

There  have  been  no  developments  in  the  case  of  members  of  the  radical  opposition 
group  M05,  convicted  and  sentenced  to  prison  for  the  1994  attack  on  an  electrical 
station  owned  by  the  Togolese  phosphate  parastatal.  Although  the  crime  appeared 
to  have  been  politically  motivated,  the  State  Prosecutor  refused  to  apply  the  Decem- 
ber 1994  general  amnesty  law  to  this  case. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — In 
criminal  cases,  a  judge  or  senior  police  official  may  authorize  searches  of  private 
residences.  In  political  and  national  security  cases,  the  security  forces  need  no  prior 
authorization.  Police  conducted  searches  without  warrants,  searching  for  dissidents' 
arms  caches  as  well  as  for  criminals,  often  under  the  guise  of  searching  for  identity 
cards.  Armed  security  checkpoints  exist  throughout  the  country,  and  security  forces 
arbitrarily  interfere  with  privacy  by  searching  vehicles,  baggage,  and  individuals  in 
the  name  of  security.  The  Government  monitors  telephones  and  correspondence  and 
maintains  the  police  and  Gendarmerie  as  domestic  intelligence  services. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  but  the  Government  regularly  intimidated  journalists  through 
threats,  detention,  and  persecution.  Police  and  gendarmes  frequently  harassed 
newspaper  vendors.  Advertisers  were  often  intimidated  as  well. 


358 

Despite  Government  interference,  there  is  a  lively  independent  press,  some  of 
which  is  often  extremely  critical  of  President  Eyadema.  Of  the  10  independent  news- 
papers identified  in  1996,  only  8  continue  to  publish  with  any  regularity.  There  are 
four  independent  radio  stations  and  two  private  television  companies  tnat  retrans- 
mit international  satellite  stations,  but  none  of  the  independent  broadcasters  pro- 
vides any  reporting  of  local  or  national  events.  The  official  media  consist  of  one 
radio  station,  one  television  station,  and  one  daily  newspaper.  Although  they  were 
generally  slanted  in  favor  of  President  Eyadema  and  the  Government,  they  allowed 
the  opposition  limited  access. 

The  High  Authority  for  Audio-visual  and  Communications  (HAAC),  designed  to 
provide  equal  access  to  state  media,  as  called  for  in  the  1992  Constitution,  was  cre- 
ated in  June.  In  practice  it  operates  as  an  arm  of  the  Government,  is  filled  with 
Eyadema  supporters,  and  has  not  increased  opposition  access  to  government  media. 

There  were  many  instances  of  detention  and  censorship.  Moreover,  intimidation 
of  the  press  leads  to  considerable  self-censorship.  The  publishers  of  two  independent 
weeklies,  Le  Regard  and  Tingo  Tingo,  were  arrested  in  February  for  printing  arti- 
cles that  were  critical  of  present  and  former  members  of  the  Government.  Mikaila 
Saibou,  publisher  of  Le  Regard,  was  detained  for  5  days  and  then  freed  after  apolo- 
gizing in  person  to  President  Eyadema.  Saibou  was  then  instructed  to  publish  a 
statement  in  his  paper  admitting  that  Le  Regard  violated  basic  principles  of  journal- 
ism. Augustin  Assiobo,  publisher  of  Tingo  Tingo,  was  fined  $100  (50,000  cfa)  and 
served  3  months  in  prison  for  defaming  the  family  of  a  deceased  government  min- 
ister. Tingo  Tingo  also  issued  a  written  apology  for  the  story. 

Also  in  February,  the  chief  state  prosecutor  ordered  the  suspension  of  the  opposi- 
tion paper  Forum  Hebdo  for  6  months.  The  publisher,  Gabriel  Kouame  Agah,  was 
fined  $2,000  (1,000,000  cfa)  and  sentenced  in  absentia  to  1  year  in  prison  on  the 
charge  of  criminal  libel  and  publication  of  false  information  likely  to  incite  the  pub- 
lic to  unrest.  Agah  had  been  residing  in  self-imposed  exile  in  Ghana  since  1992. 
Forum  Hebdo  resurfaced  in  May  with  a  new  name  (Le  Nouvel  Echo)  but  with  the 
same  editorial  outlook  and  stafT. 

In  March  the  Government  detained  and  questioned  Lucien  Messan,  the  publisher 
of  Le  Combat  du  Peuple.  He  was  taken  to  the  Minister  of  the  Interior,  General  Seyi 
Memene,  and  questioned  about  an  article  the  paper  had  written  alleging  that  an 
Africa  Numero  1  journalist  had  accepted  a  $20,000  (10,000,000  cfa)  bribe  from  the 
Government  to  do  a  favorable  story  on  the  newly-installed  Constitutional  Court. 
When  Messan  refused  to  disclose  his  source,  he  was  arrested  and  confined  overnight 
at  the  headquarters  of  the  Gendarmerie.  Messan  had  also  been  briefiy  detained  in 
January,  during  which  time  he  was  brought  in  handcuffs  before  Presiaent  Eyadema 
to  hear  complamts  about  an  unfiattering  picture  of  the  Togolese  leader  that  the 
paper  had  published.  In  this  instance,  he  was  released  the  same  day.  Although  Le 
Combat  du  Peuple  continues  to  publish  regularly,  Messan  fied  into  exile  in  May. 

In  December  the  Government  arrested  and  detained  Afatsao  Siliadin  and  Basile 
Agboh,  respectively  the  publishers  of  "Nouveau  Journal"  and  "Crocodile",  two  inde- 
pendent weeklies,  after  the  papers  ran  stories  linking  President  Eyadema  to  pro- 
Mobutu  rebels  in  the  Democratic  Republic  of  the  Congo.  The  two  journalists  were 
held  for  48  hours,  then  released,  after  making  private  apologies  to  the  president, 
followed  by  televised  public  confessions  that  their  stories  were  lalse. 

At  the  University  of  Benin,  the  country's  sole  university,  academic  freedom  is  con- 
strained by  concern  among  professors  about  potential  harassment  by  the  Govern- 
ment or  antiopposition  militants  and  the  lack  of  a  faculty -elected  rector.  Opposition 
student  groups  are  intimidated  by  an  informer  system  that  has  led  in  the  past  to 
government  persecution.  The  only  recognized  student  group  is  pro-Eyadema. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Under  the  Constitution,  citi- 
zens are  free  to  assemble,  and  in  practice  political  parties  are  able  to  hold  con- 
gresses and  meet.  However,  fear  of  informants  and  harsh  reaction  from  the  Govern- 
ment has  reduced  public  demonstrations,  particularly  outside  the  capital.  In  Feb- 
ruary the  mayor  of  the  northern  city  of  Kara  banned  a  seminar  on  civic  education 
jointly  organized  by  a  Togolese  nongovernmental  organization  and  a  German  foun- 
dation. In  March  RPT  political  activists  attempted  to  break  up  an  Action  Committee 
for  Renewal  (CAR)  party  rally  in  Mango.  A  local  police  official  arrived  on  the  scene 
at  the  same  time  and  informed  the  organizers  that  the  prefect  had  prohibited  the 
meeting.  In  April  RPT  youth  using  tear  gas  and  machetes  broke  up  a  political  rally 
in  the  prefecture  of  Agou  organized  by  the  opposition  CAR  party.  In  the  same 
month,  the  opposition  alleged  that  the  prefect  of  Oti  had  forced  the  area's  tradi- 
tional chiefs  to  adopt  a  resolution  calling  on  CAR  party  leader  Yawovi  Agboyibo  to 
stay  out  of  the  area  because  his  "security  could  not  be  assured."  In  October  soldiers 
prevented  the  CAR  from  holding  a  political  rally  in  the  northern  town  of  Bafilo. 
When  the  party  again  attempted  to  meet  in  Bafilo  in  November,  two  assailants. 


359 

credibly  alleged  to  be  members  of  the  security  forces  in  civilian  clothes,  attacked 
CAR  leader  Agboyibo  as  he  alighted  from  his  vehicle.  Agboyibo  sustained  minor  fa- 
cial injuries,  but  the  rally  proceeded  as  planned.  The  security  forces  briefly  detained 
the  attackers  but  later  released  them  and  have  filed  no  charges. 

The  opfMsition  held  well-attended  and  incident-free  protest  marches  in  Lome  in 
May,  September,  and  October.  In  all  three  instances,  unarmed  police  and  gen- 
darmes acted  professionally  to  provide  security  for  the  marchers,  and  appropriate 
crowd  and  traffic  control. 

Under  the  Constitution,  citizens  are  free  to  organize  in  associations  and  political 
parties.  Parties  are  able  to  elect  ofTicers  and  register.  There  are  many  active  non- 
governmental organizations. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  generally  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights;  however,  armed  security 
checkpoints  and  arbitrary  searches  of  vehicles  and  individuals  are  commonplace. 
The  lack  of  discipline  of  the  soldiers  manning  the  roadblocks  and  their  actions,  such 
as  firing  at  vehicles  and  frequently  demanding  bribes  before  allowing  citizens  to 
pass,  impede  free  movement  within  the  country. 

The  Government  generally  cooperates  with  the  OfTice  of  the  United  Nations  High 
Commissioner  for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  as- 
sisting refugees.  While  there  is  no  legislated  body  to  determine  asylum  or  refugee 
status,  the  Government  routinely  accepts  the  decision  of  the  UNHCR  office  resident 
in  Lome.  The  Government  provides  first  asylum  (and  provided  it  to  approximately 
500  persons  in  1997).  Ogoni  refugees  complained  that  security  forces  subjected  them 
to  arbitrary  arrest  and  intimidation,  but  the  UNHCR  discounts  these  allegations. 
There  were  no  reports  of  forced  return  of  persons  to  a  country  where  they  feared 
persecution. 

The  August  1995  agreement  with  the  UNHCR  for  the  repatriation  of  an  estimated 
45,000  Togolese  refugees  living  in  Benin  and  75,000  to  80,000  living  in  Ghana  was 
formally  terminated  in  June.  The  UNHCR  estimates  that  approximately  15,000  ref- 
ugees remain  expatriated.  The  Government  also  accommodates  roughly  8,500  refu- 
gees, mainly  Ghanaians. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  for  the  right  of  citizens  peacefully  to  change  their  gov- 
ernment. In  recent  elections,  however,  this  right  was  only  partly  respected.  The 
Government,  under  the  authority  of  the  Minister  of  the  Interior,  began  to  revise  the 
voting  lists  and  prepare  for  the  August  1998  presidential  election.  The  RPT  majority 
in  the  National  Assembly  also  passed  legislation  to  create,  and  the  Government  es- 
tablished, institutions  designed  to  play  a  key  role  in  future  elections.  In  each  case, 
the  opposition  boycotted  the  vote  in  the  National  Assembly.  The  Government  set  up 
a  Constitutional  Court  in  March,  and  in  June  it  established  a  High  Authority  for 
Audio-visual  and  Communication  (see  Section  2.a.).  The  former  has  power  to  rule 
in  the  event  of  a  disputed  election,  and  the  latter  is  to  oversee  government  and  pri- 
vate media.  Both  bodies  are  controlled  by  President  Eyadema's  appointees.  Addi- 
tionally, in  August  the  National  Assembly  passed  a  new  Electoral  (Jode,  which  in- 
cluded a  renewal  of  the  mandate  of  the  National  Electoral  Commission  (NEC).  The 
new  code  confirms  that  the  Interior  Ministry  is  to  organize  and  supervise  local,  leg- 
islative, and  presidential  elections,  and  provides  limited  authority  to  the  NEC.  The 
method  of  nomination  of  members  to  the  NEC  creates  an  automatic  majority  for 
President  Eyadema's  supporters. 

Eyadema  maintains  a  highly  centralized  government,  including  influencing  impor- 
tant nominations  of  ministers,  prefects,  mayors,  and  traditional  chiefs.  The  Govern- 
ment does  not  openly  restrict  the  functioning  of  political  opponents,  but  the  Presi- 
dent uses  the  strength  of  the  military  and  his  government  allies  to  intimidate  and 
harass  citizens  and  opposition  groups.  Eyadema  also  continues  to  influence  the  judi- 
ciary. 

The  Constitution  provides  for  universal  suffrage  and  a  secret  ballot,  and  these 
provisions  are  respected  in  practice. 

There  are  no  legal  restrictions  on  the  participation  of  women  or  members  of  ethnic 
minorities  in  politics  or  government.  Although  many  women  are  members  of  politi- 
cal parties,  there  was  only  one  female  minister  in  the  Government  and  one  female 
deputy  in  the  National  Assembly. 


45-909    98-13 


360 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  several  local  private  human  rights  groups,  including  the  Togolese 
Human  Rights  League  and  the  Center  of  Observation  and  Promotion  of  the  Rule 
of  Law.  In  general  the  Government  allows  groups  access  to  investigate  alleged  viola- 
tions of  human  rights.  However,  the  Government  usually  does  not  follow  up  on  in- 
vestigations of  abuses.  Years  of  government  threats  and  intimidation  of  human 
rights  leaders,  combined  with  a  lack  of  results  from  human  rights  initiatives,  have 
led  some  human  rights  monitors  to  end  their  public  activities. 

The  Government  includes  a  Ministry  of  Justice  and  Human  Rights.  The  National 
Assembly  voted  in  1996  to  enact  a  ministerial  decree  to  reorganize  the  government- 
sponsored  and  government-funded  National  Human  Rights  Commission  (CNDH). 
The  Government  named  the  members  of  the  CNDH  in  August,  and  the  majority  are 
supporters  of  President  Eyadema.  The  opposition,  which  had  boycotted  the  National 
Assembly  vote,  criticized  the  law  for  allowing  the  President  to  control  the  composi- 
tion, and  ultimately  the  actions,  of  the  CNDH.  In  practice  neither  the  Ministry  of 
Justice  and  Human  Rights  nor  the  CNDH  operate  independently  from  the  Presi- 
dent. The  International  Committee  of  the  Red  Cross  witndrew  its  permanent  rep- 
resentative in  late  1997. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  the  basis  of  ethnic  group,  regional 
or  family  origin,  sex,  religion,  social  or  economic  status,  or  personal  political  or  other 
convictions.  However,  the  Government  does  not  provide  effective  redress  for  dis- 
crimination complaints,  and  discrimination  based  on  both  ethnic  group  and  sex  is 
common. 

Women. — Violence  against  women  continues.  Although  mechanisms  exist  within 
both  the  traditional  extended  family  and  formal  judicial  structures  for  redress,  the 
police  rarely  intervene  in  traditional  or  domestic  violence  cases.  Wife  beating  affects 
an  estimated  10  percent  of  married  women  and  continues  with  impunity.  Local 
houses  of  prostitution  exist,  and  some  trafficking  in  Togolese  women  for  the  pur- 
poses of  prostitution  or  for  exploiting  women  as  domestic  servants  occurs  with  no 
visible  enort  by  the  Government  to  curtail  these  abuses.  There  is  a  Ministry  of 
Feminine  Promotion  and  Social  Protection,  which,  along  with  independent  women's 
groups  and  related  nongovernmental  organizations,  has  active  campaigns  to  inform 
women  of  their  rights. 

Despite  a  constitutional  declaration  of  equality  under  the  law,  women  continue  to 
experience  discrimination,  especially  in  education,  pension  benefits,  inheritance,  and 
as  a  consequence  of  traditional  law.  A  husband  may  legally  oppose  his  wife's  right 
to  work  or  control  her  earnings,  and  he  may  also  decide  where  his  family  will  live. 
Employers  are  often  reluctant  to  hire  women,  especially  for  higher  level  positions. 
Far  fewer  women  than  men  attend  university,  ana  fewer  women  graduate  from  sec- 
ondary school.  Families  traditionally  give  boys  priority  over  girls  when  deciding  who 
shall  attend  school.  In  urban  areas,  women  and  girls  dominate  local  market  activi- 
ties and  commerce  with  neighboring  countries.  However,  harsh  economic  conditions 
in  rural  areas,  where  most  of  the  population  lives,  leave  women  with  little  time  for 
activities  other  than  taxing  domestic  and  agricultural  field  work.  Under  traditional 
law,  which  applies  to  the  vast  majority  of  women,  a  wife  has  no  maintenance  rights 
in  the  event  of  divorce  or  separation,  and  no  inheritance  rights  on  the  death  of  her 
husband. 

Children. — Although  the  Constitution  and  family  code  laws  provide  for  the  protec- 
tion of  children's  rignts,  in  practice  government  programs  often  suffer  from  a  lack 
of  money,  materials,  and  enforcement.  The  Government  provides  free  education  in 
state  schools,  and  there  are  social  programs  to  provide  free  health  care  for  poor  chil- 
dren. Orphans  and  other  needy  children  receive  some  aid  from  extended  families  or 
private  organizations  but  less  from  the  State.  There  are  few  juvenile  courts,  and 
children  are  often  jailed  with  adults.  There  are  credible  reports  of  trafficking  in  chil- 
dren for  the  purpose  of  forced  labor  (see  Section  6.c.). 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  remains  a 
current,  although  diminishing,  practice.  Approximately  12  percent  of  girls  and 
women  have  undergone  FGM.  Although  many  of  the  largest  ethnic  groups  do  not 
practice  FGM,  the  practicing  groups  have  rates  ranging  from  40  to  98  percent.  In 
theory  women  and  girls  are  protected  by  the  Constitution  from  FGM,  and  in  Decem- 
ber the  Government  submitted  draft  legislation  to  the  National  Assembly  to  outlaw 
the  practice  completely.  Under  existing  laws,  the  Government  states  that  it  would 
assist  any  woman  who  sought  protection  from  infiiction  of  FGM,  but  neither  the 


361 

constitutional  protection  nor  the  new  draft  law  address  "whistle  blowers"  who  bring 
FGM  cases  to  the  attention  of  legal  authorities.  In  any  event,  in  practice,  the  prohi- 
bition is  not  enforced;  no  cases  have  been  brought  to  court,  no  one  has  been  helped 
by  the  authorities  to  evade  FGM,  and  traditional  customs  often  supersede  the  legal 
system  in  various  ethnic  groups.  The  Government  has  sponsored  seminars  to  edu- 
cate and  campaign  against  FGM,  and  aired  a  documentary  in  April  on  national  tele- 
vision that  denounced  the  practice. 

People  With  Disabilities. — The  Government  does  not  mandate  accessibility  to  pub- 
lic or  private  facilities  for  people  with  disabilities.  Although  the  Constitution  nomi- 
nally obliges  the  Government  to  aid  disabled  persons  and  shelter  them  from  social 
iiyustice,  the  Government  provides  only  limited  assistance  in  practice.  While  there 
is  no  overt  state  discrimination  against  disabled  persons  and  while  some  hold  re- 
sponsible government  positions,  the  disabled  have  no  meaningful  recourse  against 
private  sector  discrimination,  which  compels  many  to  beg. 

National/ Racial / Ethnic  Minorities. — Members  of  northern  ethnic  groups  domi- 
nate the  security  forces,  while  southerners  dominate  most  commerce  and  the  profes- 
sions. With  a  few  exceptions,  southerners  and  northerners  are  also  divided  along  po- 
litical lines.  Civil  unrest  in  recent  years  and  inadequate  or  prejudicial  law  enforce- 
ment exacerbated  ethnic  rivalries  dating  from  precolonial  times.  With  the  rise  in 
north-south  tensions,  majority  ethnic  group  memoers  in  those  regions  have  harassed 
and  attacked  their  neighbors  belonging  to  minority  groups,  forcing  them  back  to 
their  home  regions.  In  recent  years,  many  Togolese,  predominantly  southerners,  fled 
to  neighboring  Benin  and  Ghana,  and  members  of  northern  ethnic  groups  were  in- 
ternally displaced. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  most  workers  with  the 
right  to  join  unions  and  the  right  to  strike.  Security  forces,  including  firemen  and 
policemen,  do  not  have  these  rights;  government  health  care  workers  may  join 
unions  but  may  not  strike.  The  work  force  in  the  formal  (wage)  sector  is  small,  in- 
volving about  20  percent  of  the  total  work  force,  of  whom  60  to  70  percent  are  union 
members  or  supporters. 

The  Constitution  also  prohibits  discrimination  against  workers  for  reasons  of  sex, 
origin,  beliefs,  or  opinions.  There  is  no  specific  law  prohibiting  retribution  against 
strScers. 

There  are  several  major  trade  union  federations.  These  include  the  National  Con- 
federation of  Togolese  Workers  (CNTT),  which  is  closely  associated  with  the  Govern- 
ment; the  Labor  Federation  of  Togolese  Workers  (CSTT);  the  National  Union  of 
Independent  Syndicates  (UNSIT);  and  the  Union  of  Free  Trade  Unions. 

Federations  and  unions  are  free  to  associate  with  international  labor  groups.  The 
CNTT  and  the  UNSIT  are  affiliates  of  the  International  Confederation  of  Free  Trade 
Unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Code  nominally 
provides  workers  with  the  right  to  organize  and  bargain  collectively.  All  formal  sec- 
tor employees  are  covered  by  a  collective  bargaining  agreement.  However,  true  col- 
lective bargaining  is  limited  by  the  Government's  role  in  producing  a  single  tri- 
partite bargaining  agreement  signed  by  the  unions,  management,  and  the  Govern- 
ment. This  agreement  sets  wage  standards  for  all  formal  sector  employees.  Individ- 
ual groups  in  the  formal  sector  can  attempt  through  collective  bargaining  to  nego- 
tiate a  more  favorable  package,  and  some  do,  but  this  approach  is  not  common. 

The  Labor  Code  prohibits  antiunion  discrimination.  The  Ministry  of  Labor  is 
charged  with  resolving  labor-related  complaints  but  does  not  always  do  so  effec- 
tively. 

A  1989  law  allows  the  establishment  of  export  processing  zones  (EF^'s).  Many 
companies  have  EPZ  status,  and  about  30  are  in  operation.  The  EPZ  law  provides 
exemptions  from  some  provisions  of  the  Labor  Code,  notably  the  regulations  on  hir- 
ing and  firing.  Employees  of  EPZ  firms  do  not  enjoy  the  same  protection  against 
antiunion  discrimination  as  do  other  workers. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  does  not  specifically  ad- 
dress the  question  of  forced  or  bonded  labor  including  that  performed  by  children, 
and  children  are  sometimes  subjected  to  forced  labor,  primarily  as  domestic  serv- 
ants. Credible  sources  confirm  the  international  trafTicking  of  children,  who  are  sold 
into  various  forms  of  indentured  and  exploitative  servitude,  which  amounts  at  times 
to  slavery.  This  traffic  often  results  in  the  children  being  taken  to  other  West  and 
Central  African  countries,  the  Middle  East,  or  Asia.  In  rural  areas,  parents  some- 
times force  young  children  into  domestic  work  in  other  households  in  exchange  for 
cash.  The  Government  has  done  nothing  to  stop  this  practice. 


362 

d.  Status  of  Child  Labor  Practices  and  Minimum  Aige  for  Employment. — The 
Labor  Code  prohibits  the  employment  of  children  under  the  age  of  14  in  any  enter- 
prise. The  law,  however,  does  not  prohibit  forced  and  bonded  labor  by  children,  and 
it  is  a  significant  problem  (see  Section  6.c.).  Some  types  of  industrial  and  technical 
employment  require  a  minimum  age  of  18.  Inspectors  from  the  Ministry  of  Labor 
enforce  these  age  requirements  but  only  in  the  formal  sector  in  urban  areas.  In  both 
urban  and  rural  areas,  particularly  in  farming  and  petty  trading,  very  young  chil- 
dren traditionally  assist  in  their  families'  wont.  Under  the  Constitution,  school  is 
mandatory  for  both  sexes  until  the  age  of  15,  but  this  requirement  is  not  strictly 
enforced. 

e.  Acceptable  Conditions  of  Work. — The  Government  sets  minimum  wages  for  dif- 
ferent categories,  ranging  from  unskilled  labor  through  professional  positions.  Less 
than  the  omcial  minimum  wage  is  often  paid  in  practice,  mostly  to  less-skilled  work- 
ers. Ofiicial  monthly  minimum  wages  range  from  approximately  $25  to  $39  monthly 
(cfa  14,700  to  cfa  23,100).  A  5  percent  wage  increase  in  July  1996  represented  the 
first  since  1987,  despite  the  50  percent  devaluation  of  the  cfa  in  1994.  Many  workers 
cannot  maintain  a  decent  standard  of  living  at  the  lower  official  minimum  wages, 
and  many  must  supplement  their  incomes  through  second  jobs  or  subsistence  farm- 
ing. The  Ministry  of  Labor  is  ostensibly  responsible  for  enforcement  of  the  minimum 
wage  system,  but  it  does  not  enforce  the  law  in  practice.  The  Labor  Code,  which 
regulates  labor  practices,  requires  equal  pay  for  equal  work,  regardless  of  sex.  How- 
ever, this  provision  is  generally  observed  only  in  the  formal  sector. 

Working  hours  of  all  employees  in  any  enterprise,  except  for  agricultural  enter- 
prises, normally  must  not  exceed  40  hours  per  week;  at  least  one  24-hour  rest  period 
per  week  is  compulsory,  and  workers  must  receive  30  days  of  paid  leave  each  year. 
The  law  requires  overtime  compensation,  and  there  are  restrictions  on  excessive 
overtime  work.  The  Ministry  of  Labor's  enforcement  is  weak,  however,  and  employ- 
ers often  ipiore  these  provisions. 

A  technical  consulting  committee  in  the  Ministry  of  Labor  sets  workplace  health 
and  safety  standards.  It  may  levy  penalties  on  employers  who  do  not  meet  the 
standards,  and  employees  ostensibly  nave  the  right  to  complain  to  labor  inspectors 
of  unhealthy  or  unsafe  conditions  without  penalty.  In  practice  the  Ministry's  en- 
forcement of  the  various  provisions  of  the  Labor  Code  is  limited.  Large  enterprises 
must  legally  provide  medical  services  for  their  employees  and  usually  attempt  to  re- 
spect occupational  health  and  safety  rules,  but  smaller  firms  often  do  not. 

Workers  have  the  right  to  remove  themselves  from  unsafe  conditions  without  fear 
of  losing  their  jobs. 


UGANDA 

President  Yoweri  Museveni,  elected  to  a  5-year  term  in  1996  under  the  1995  Con- 
stitution, dominated  the  Government.  He  has  ruled  since  1986  through  the  National 
Resistance  Movement  (NRM),  legislatively  reorganized  and  renamed  as  "The  Move- 
ment." The  1995  Constitution  provided  for  a  276-member  unicameral  parliament 
and  an  autonomous,  independently  elected  president.  The  Constitution  formally  ex- 
tended Uganda's  one-party  movement  form  of  government  for  5  years  and  severely 
restricted  political  party  activities,  with  a  national  referendum  on  the  role  of  mul- 
tiple political  parties  scheduled  for  the  year  2000  after  a  1-year  campaign  period. 
Movement  supporters  remained  in  control  in  the  Parliament,  which  was  elected  to 
a  5-year  term  in  July  1996.  Both  the  presidential  and  parliamentary  elections  were 
peaceful,  orderly,  and  technically  transparent;  but  election  conditions,  including  re- 
strictions on  political  party  activities,  led  to  a  flawed  election  process.  The  judiciary 
is  generally  independent,  but  understaffed  and  weak;  the  President  has  extensive 
legal  and  extralegal  powers. 

The  Uganda  People's  Defense  Force  (UPDF)  is  the  key  security  force.  The  Con- 
stitution maintains  civilian  control  of  the  UPDF,  with  the  President  designated  as 
commander-in-chief.  The  UPDF's  demobilization  program,  which  concluded  in  1995, 
was  partially  reversed  due  to  increasing  instability  in  the  north,  and  some  soldiers 
were  reactivated  in  1996  to  combat  the  rebels.  UPDF  soldiers  and  members  of  local 
defense  units  (LDU's)  assist  the  police  in  rural  areas,  although  the  LDU's  continued 
to  operate  without  a  legal  mandate.  The  Internal  Security  Organization  (ISO)  re- 
mained under  the  direct  authority  of  the  President.  Although  the  ISO  is  primarily 
an  intelligence-gathering  body,  its  operatives  occasionally  detained  civilians.  The 
UPDF,  police,  and  LDU's  committed  human  rights  abuses. 

The  economy  grew  at  a  rate  of  5  percent  during  the  fiscal  year  ending  June  30. 
While  the  agriculturally  based  economy  continuea  to  rely  on  coffee  as  its  chief  ex- 


363 

port,  cotton  and  other  agricultural  exports  continued  to  expand.  Economic  reforms 
encouraged  investment,  and  the  Government  divested  13  parastatals.  The  Govern- 
ment introduced  structural  reforms  in  the  banking  industry  and  continued  commer- 
cial law  reform.  In  addition,  the  capital  markets  authority  licensed  a  stock  ex- 
change. The  Government  also  made  major  investments  in  power,  communications, 
and  transport.  However,  foreign  economic  assistance  accounted  for  approximately  29 
percent  oi  government  spending.  Annual  gross  domestic  product  is  about  $250  per 
capita. 

The  Government's  human  rights  record  remained  the  same,  and  there  continued 
to  be  numerous,  serious  problems.  Movement  domination  of  the  political  process  lim- 
its the  rights  of  citizens.  Security  forces  used  excessive  force,  at  times  resulting  in 
death.  Government  forces  committed  or  failed  to  prevent  some  extrajudicial  killings 
of  suspected  rebels  and  civilians.  Police,  UPDF,  and  LDU  forces  regularly  beat  and 
sometimes  tortured  suspects,  often  to  force  confessions.  There  were  numerous  cases 
in  which  the  Government  detained  and  charged  UPDF  and  LDU  members  for 
human  rights  abuses.  However,  despite  measures  to  improve  the  discipline  and 
training  of  security  forces,  and  despite  the  punishment  of  some  security  force  offi- 
cials guilty  of  abuses,  security  force  abuses  remained  a  problem  throughout  the 
country. 

Prison  conditions  remained  harsh  and  life  threatening.  Members  of  the  security 
forces  sometimes  arbitrarily  arrest  and  detain  citizens.  Prolonged  pretrial  detention 
remained  a  problem.  Poor  judicial  administration,  lack  of  resources,  a  large  case 
backlog,  and  lengthy  trial  delays  circumscribed  due  process  and  the  right  to  a  fair 
trial.  The  Gk)vemment  continued  to  cooperate  with  nongovernmental  organizations 
(NGO's)  on  legal  and  prison  reforms.  The  UPDF  at  times  infringed  on  citizens'  pri- 
vacy rights.  Although  independent  newspapers  generally  published  freely,  the  Gov- 
ernment at  times  restricted  freedom  of  speech  and  the  press  in  practice.  The  Gov- 
ernment dominated  the  media  and  occasionally  resorted  to  outdated  laws  on  sedi- 
tion and  criminal  libel  or  employed  other  means  of  press  harassment,  including  im- 
prisonment. This  led  some  journalists  to  practice  self-censorship.  The  UPDF  contin- 
ued to  censor  press  reports  about  the  northern  insurgencies.  In  September  the  Gov- 
ernment resumed  administration  of  Movement  political  education  courses,  which 
had  been  suspended  in  1995  to  avoid  interference  with  the  elections.  The  Govern- 
ment restricts  freedom  of  assembly  and  association,  and  the  1995  Constitution  ex- 
tended previously  existing  restrictions  on  political  activity  for  an  additional  5  years, 
effectively  limiting  these  rights  further.  However,  the  Government  continued  efforts 
to  improve  representation  in  the  political  process  of  "marginalized"  groups,  includ- 
ing women  and  people  with  disabilities.  Discrimination  against  women,  people  with 
disabilities,  and  ethnic  minorities  persists.  Domestic  violence,  rape,  and  abuse  of 
children  remained  serious  problems.  The  Government  worked  with  NGO's  to  combat 
the  practice  of  female  genital  mutilation  (FGM).  Child  labor,  especially  in  the  infor- 
mal sector,  is  widespread. 

Insureent  forces  committed  numerous  serious  abuses.  The  Lord's  Resistance  Army 
(LRA),  led  by  Joseph  Kony,  continued  to  kill,  torture,  maim,  rape,  and  abduct  large 
numbers  of  civilians,  virtually  enslaving  numerous  children.  Although  its  activities 
diminished  sharply  late  in  the  year,  the  West  Nile  Bank  Front  (WNBF)  also  com- 
mitted killings,  as  did  the  Allied  Democratic  Forces  (ADF),  a  rebel  group  active  in 
western  Uganda. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  confirmed  reports  of 
politically  motivated  killings  by  government  forces.  In  a  widely  publicized  incident 
in  June,  however,  a  leading  organizer  for  the  Democratic  Party  (DP),  Modesta 
Kabaranga  Akiiki,  was  shot,  then  burned  to  death  in  her  home  with  her  mother. 
After  an  investigation  assisted  by  the  President's  security  staff,  a  suspect  in  the 
murder  was  arrested;  the  motive  for  the  murders  was  unclear  at  yearns  end,  but 
many  DP  leaders  believed  that  it  was  political. 

In  the  course  of  official  operations,  police,  UPDF,  and  LDU  personnel  sometimes 
used  excessive  force,  resulting  in  deaths.  In  particular,  UPDF  units  in  the  north  re- 
portedly engaged  in  isolated  executions  of  suspected  rebels.  In  February  a  civilian 
was  reportedly  beaten  to  death  by  two  LDU  members  at  their  headquarters  in 
Masaka;  the  perpetrators  were  reportedly  an^ested.  In  March  a  group  of  UPDF  sol- 
diers allegedly  used  a  sledgehammer  to  batter  to  death  four  suspected  highway  rob- 
bers. In  May  a  robbery  suspect  was  tortured  to  death  by  UPDF  officers  (see  Section 
I.e.).  In  June  an  elderly  man  was  reportedly  beaten  to  death  by  two  UPDF  soldiers 


364 

who  had  arrested  him  on  suspicion  that  his  son  was  an  LRA  rebel.  In  July  police 
in  Ntungamo  reportedly  beat  a  suspect  to  death  (see  Section  I.e.). 

Harsh  conditions,  some  intentional  mistreatment,  and  lack  of  adequate  medical 
treatment  caused  many  deaths  in  prisons  (see  Section  I.e.).  In  February  prison 
guards  beat  an  inmate  to  death  in  Apac  district. 

Muslim  groups  also  complained  oi  extensive  mistreatment  by  security  officials  in 
the  west.  On  August  28,  unidentified  persons  shot  and  killed  Abdullah  Buwuula,  a 
Muslim  barber  in  Kasese  district  who  nad  publicly  protested  harassment  by  govern- 
ment security  operatives.  Two  other  Muslims,  Mubarak  Mawejje  (previously  ar- 
rested by  UPDF  personnel  suspicious  of  a  meeting  in  his  home)  and  Amir  Sinai, 
were  also  reportedly  killed  in  Kasese  district  in  August  under  suspicious  cir- 
cumstances. There  no  were  no  reports  of  investigations  by  government  agencies  of 
the  three  killings. 

A  Gulu-based  human  rights  ^oup.  Human  Rights  Focus,  released  a  report  in  Feb- 
ruary that  alleged  35  extrajudicial  Killings  by  the  military  forces,  most  of  which  oc- 
curred in  previous  years. 

The  policeman  arrested  in  June  1995  for  killing  a  striker  at  the  Lugazi  Sugar 
Corporation  died  while  released  on  bail. 

Vigilante  justice  was  a  problem  (also  see  Sections  I.e.  and  5). 

Authorities  rarely  prosecuted  persons  engaged  in  mob  violence,  which  on  occasion 
resulted  in  death.  In  June  irate  mourners  at  the  burial  of  an  LDU  guard  in  Soroti 
overpowered  police  and  lynched  the  suspected  killers.  In  separate  incidents  in  Sep- 
tember, two  suspected  burglars  caught  by  a  mob  in  a  Kampala  suburb  were 
"necklaced"  with  motor  vehicle  tires  and  burned  to  death.  Villagers  in  Kyarumba 
beat  to  death  a  suspected  child  abuser  in  August  (see  Section  5). 

The  rebel  LRA  was  responsible  for  the  killing  of  numerous  civilians,  including 
children  (see  Section  l.g.).  LRA  forces  particularly  targeted  local  government  offi- 
cials and  employees,  especially  teachers;  over  100  teachers  were  killed  during  the 
insurgency  in  Kitgum  district  alone.  The  WNBF  and  the  ADF  also  committed 
extrajudicial  killings  (see  Section  l.g.). 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances 
due  to  action  by  government  forces. 

Numerous  local  officials  and  local  government  employees  were  abducted  by  the 
LRA  during  the  year;  the  whereabouts  of  some  of  the  abductees  remains  unknown, 
(see  Section  l.g.). 

In  addition,  the  LRA  abducted  hundreds  of  school-age  children,  reportedly  for  in- 
doctrination in  Sudan  as  LRA  guerrillas,  for  sale  as  slaves  in  Sudan,  or  for  sexual 
purposes.  While  some  of  those  abducted  later  escaped  or  were  recaptured,  the 
whereabouts  of  many  children  remained  unresolved  at  year's  end.  The  ADF  rebel 
group  in  the  west  also  abducted  numerous  civilians,  including  some  students;  the 
whereabouts  of  a  number  of  these  abductees  remain  unknown. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  "any  form  of  torture,  cruel,  inhuman,  or  degrading  treat- 
ment or  punishment."  However,  security  forces  commonly  beat  and  sometimes  tor- 
tured suspected  criminals,  often  to  force  confessions.  In  December  participants  at  a 
workshop  sponsored  by  the  African  Center  for  Rehabilitation  and  Treatment  of  Tor- 
ture Victims  (ACT'V)  ranked  the  police  as  the  most  common  users  of  torture,  fol- 
lowed by  prisons,  the  army,  and  local  councils.  In  January  operatives  of  the  ISO  re- 
portedly beat  people  in  Nakawa  estate  near  Kampala,  while  ostensibly  searching  for 
criminals.  Also  in  January,  police  in  Kibale  beat  20  Muslims  suspected  of  being  ADF 
supporters  (see  Section  2.c.).  In  May  Paul  Kollo,  a  suspected  armed  robber,  died  in 
a  police  cell  in  Gulu  apparently  due  to  torture,  just  after  being  handed  over  to  police 
by  UPDF  officers.  In  July  the  Uganda  Human  Rights  Commission  (UHRC)  began 
an  investigation  in  a  case  in  which  a  UPDF  soldier,  Corporal  Twaha  Kabushera, 
was  paralyzed  after  torture  during  military  detention.  In  August,  18  UPDF  soldiers 
in  Gulu  district,  including  their  unit  commander,  were  arrested  for  allegedly  beating 
21  civilians  after  failing  to  apprehend  a  reported  deserter.  In  July  Stephen 
Baryakaijuka  died  after  allegedly  being  severely  beaten  by  police  in  Ntungamo,  re- 
portedly on  orders  of  the  district  police  commander.  In  August  Kasese  police  tor- 
tured a  Muslim  detainee,  then  released  him  without  charge  the  next  day  (see  Sec- 
tion 5).  A  report  by  the  International  Committee  of  the  Rea  Cross  (ICRC)  in  Septem- 
ber accused  officers  in  the  Kampala  central  police  station  of  beating  and  mistreating 
suspects.  In  October  attorneys  for  several  suspects  charged  that  their  clients  had 
been  tortured  (see  Section  I.e.). 

LDU's,  which  frequently  lack  training,  are  guilty  more  often  than  police  of  mis- 
treatment of  prisoners  and  detainees.  Although  they  have  no  authority  to  make  ar- 
rests, LDU's  continued  to  do  so.  Bosco  Opira,  a  15-year-old  boy  residing  in  Paicho 
in  Kitgum  county,  was  reportedly  tortured  in  May  by  having  plastic  utensils  melted 


365 

on  his  body  by  LDU  members  who  arrested  him  for  illegal  possession  of  a  gun.  In 
another  case,  a  contract  security  guard  in  Kampala  was  arrested  at  his  home  with- 
out warrant  by  an  LDU  unit  on  suspicion  of  involvement  in  a  burglary,  beaten,  and 
delivered  to  a  police  station — where  a  quick  investigation  easily  determined  that  he 
had  been  on  duty  at  a  diplomatic  residence  when  the  crime  occurred. 

Tlie  Government  investigated  some  cases  of  abuse,  trying  and  punishing  some  of- 
fenders. In  January,  three  police  officers  in  Jinja  were  reportedly  arrested  after  al- 
legedly torturing  a  local  businessman,  Charles  Kasajja.  In  February,  two  LDU  mem- 
bers were  arrested  after  allegedly  beating  a  civilian  to  death  at  the  LDU  district 
headquarters  in  Masaka.  In  April,  six  police  officers  were  arrested  in  Busia  near 
the  Kenya  border  for  allegedly  shooting  a  suspected  robber  on  April  20;  at  year's 
end,  the  officers  were  detained  on  remand  pending  investigations. 

WPDF  mobile  forces  reportedly  beat  civilians  brutallv  and  raped  women  (see  Sec- 
tion l.g.).  The  Human  Rights  Focus  report  issued  in  February  alleged  11  instances 
of  rape  by  LDU's,  most  of  which  occurred  in  previous  years. 

There  were  numerous  instances  in  which  mobs  attacked  suspected  thieves  and 
other  offenders  caught  in  the  conunission  of  crimes  (also  see  Section  l.a.).  Often  mo- 
tivated by  widespread  distrust  of  the  justice  system,  these  mobs  engaged  in  stoning, 
beatings,  and  other  forms  of  mistreatment,  such  as  tying  suspects'  wrists  and  ankles 
together  behind  their  backs,  stripping  suspects  of  their  clothes  and  parading  them 
through  the  streets,  or  forcing  suspects  to  hop  painfully  on  the  sides  of  their  ankles. 
In  February  angry  residents  of  Nyabwina  village  in  Kabarole  district  reportedly 
beat  a  local  official  caught  with  the  wife  of  a  suspect  whom  he  had  arrested. 

The  LRA  continued  to  maim  and  rape  civilians.  The  ADF  also  committed  rapes 
(see  Section  l.g.). 

Prison  conditions  remained  harsh  and  life  threatening.  Conditions  for  the  esti- 
mated 5,000  inmates  in  local  police  cells,  generally  worse  than  those  in  the  prisons 
themselves,  were  characterized  in  a  report  by  the  government-sponsored  Uganda 
Human  Rights  Commission  (UHRC)  as  "degrading  and  inhuman."  There  are  two  ci- 
vilian prison  systems:  One  is  state-funded  and  operated  by  the  Ministry  of  Internal 
Affairs;  a  second  is  run  at  the  local  administration  level,  under  the  auspices  of  the 
Ministry  of  Local  (government.  Conditions  are  particularly  harsh  in  the  133  local 
prisons,  which  received  no  central  government  funding.  Although  the  law  states  that 
civilians  are  never  to  be  held  in  military  barracks,  civilians  continued  to  be  detained 
in  barracks,  often  without  trial.  Both  civilian  and  military  prisons  have  high  mortal- 
ity rates  from  overcrowding,  diseases  spread  by  unsanitary  conditions,  malnutrition, 
and  HIV/AIDS. 

No  accurate  estimates  are  available  on  the  number  of  deaths  due  to  harsh  condi- 
tions and  lack  of  medical  care,  although  the  UHRC  reported  severely  inadequate 
medical  services,  seriously  unhygienic  conditions,  and  a  "situation  of  semi-starva- 
tion" of  prisoners  in  many  prisons.  In  August,  10  inmates  reportedly  died  of  hunger 
and  mistreatment  at  Morukatipe  prison  near  Tororo.  A  total  of  57  prisoners  report- 
edly died  in  Arua  prison  during  tne  year,  in  many  cases  allegedly  from  food  short- 
ages and  poor  medical  care.  In  December  the  officer  in  charge  of  Arua  prison  was 
placed  on  forced  leave  pending  investigation  of  the  deaths.  In  February,  nine  prison 
guards  were  reportedly  arrested  by  authorities  for  beating  a  prisoner  to  death  in 
a  prison  in  Apac  district.  The  predominant  cause  of  death  among  prisoners  was 
HrV/AIDS,  which  reportedly  affected  18  percent  of  the  inmates  at  Luzira  central 
prison  near  Kampala.  The  uniforms  and  oedding  stipulated  by  law  are  rarely  pro- 
vided, although  there  is  evidence  that  some  wardens  do  attempt  to  obtain  these 
items  for  inmates. 

Harsh  conditions  largely  result  from  the  Government's  seriously  inadequate  fund- 
ing of  prison  facilities.  The  centrally  funded  prisons  are  sufficiently  organized  to 
grow  maize,  millet,  cassava,  beans,  eggplant,  carrots,  and  other  crops,  although  the 
UHRC  accused  prison  farms  of  overworKing  inmates,  who  often  received  only  $.001 
(1  Ugandan  shilling)  per  day  for  their  labor.  Prison  conditions  come  closest  to  inter- 
national norms  in  Kampala,  where  prisons  provide  medical  care,  running  water,  and 
sanitation.  On  the  other  hand,  these  centrally  funded  prisons  are  the  most  over- 
crowded. By  one  estimate,  the  country's  centrally  funded  prisons — all  of  which  pre- 
date independence  in  1962 — currently  hold  about  three  times  their  maximum 
planned  capacity.  Despite  an  order  by  the  chief  magistrate  in  June  1996  that  all 
judges  visit  a  prison,  few  complied  with  the  order.  Human  rights  groups,  especially 
the  Uganda  Law  Reform  Commission,  continued  to  lobby  for  expanded  noncustodial 
sentencing — an  effort  generally  blocked  by  strongly  punitive  attitudes  among  judges, 
in  part  motivated  by  fear  of  accusations  of  corruption  if  prisoners  appear  leniently 
treated.  Although  the  law  provides  for  access  to  prisoners  by  families,  ignorance  of 
this  right,  and  Tear  of  prison  authorities,  often  limit  family  visits.  The  UHRC  noted 


366 

allegations  it  had  received  that  officers  in  charge  of  police  cells  sometimes  de- 
manded bribes  to  allow  visits. 

Women  have  segregated  wings  in  the  prisons,  with  female  staff.  According  to 
human  rights  advocates,  rape  is  not  generally  a  problem,  although  female  prisoners 
also  suffer  from  severely  substandard  conditions.  Due  to  lack  of  space  in  juvenile 
facilities,  juveniles  are  often  kept  in  prison  with  adults.  The  central  prison  system 
maintains  one  juvenile  prison  and  two  lower  security  reformatory  halls.  School  fa- 
cilities and  health  clinics  in  all  three  institutions  are  defunct;  prisoners  as  young 
as  age  12  perform  manual  labor  from  dawn  until  dusk,  and  administrators  reported 
in  October  that  one  institution  with  a  capacity  of  45  children  actually  held  173;  no 
records  were  available  for  most  of  these  children. 

The  central  prison  system  in  1996  launched  a  3-year  program  to  improve  prison 
buildings,  water  and  sanitation  systems,  food,  and  uniforms.  Most  of  the  items  used 
in  this  program,  which  benefited  12  of  the  46  centrally  administered  prisons  in 
1997,  are  made  within  the  prison  system  itself. 

Government  agencies  have  sponsored  or  participated  in  numerous  conferences  on 
the  justice  system  and  prison  conditions,  including  a  2  day  conference  in  Kampala 
in  &ptember.  Government  agencies  also  worked  closely  with  international  ana  in- 
digenous human  rights  organizations  on  prison  reform  efTorts.  Revision  of  the  pris- 
ons act,  which  provides  the  legal  basis  for  prison  management,  began  in  1996  and 
was  still  pending  at  year's  end,  as  were  proposals  to  integrate  local  prisons  with  the 
central  prison  system. 

Media  access  to  prisons  remained  limited,  but  the  Government  permitted  full  ac- 
cess to  prisons  by  the  ICRC  and  local  NGO's,  principally  the  Foundation  for  Human 
Rights  Initiative  (FHRI)  and  the  Uganda  Prisoners'  Aid  Foundation  (UPAF).  In  Au- 
gust military  authorities  granted  the  Uganda  Human  Rights  Commission  (UHRC) 
access  to  military  places  of  detention.  As  far  as  known,  the  UHRC  did  not  avail  it- 
self of  this  access  before  the  end  of  the  year;  it  has  issued  no  reports  on  such  visits. 
Prison  authorities  require  advance  notification  of  visits,  a  process  that  is  often  sub- 
ject to  administrative  delays. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Members  of  the  security  forces  at  times 
arbitrarily  arrested  and  detained  citizens.  According  to  the  Constitution,  a  suspect 
must  be  charged  within  48  hours  of  arrest  and  be  brought  to  trial  or  released  on 
bail  within  120  days  (360  days  for  a  capital  offense) — unless  the  case  has  been  com- 
mitted to  the  court  before  the  expiration  of  this  period,  when  pretrial  detention  is 
not  constitutionally  limited.  The  Constitution  also  provides  that  detainees  should 
immediately  be  informed  of  the  reasons  for  their  detention.  In  practice,  however,  the 
authorities  enforced  none  of  these  requirements.  Other  laws,  such  as  the  Public 
Order  and  Security  Act  of  1967  (the  Detention  Order),  provide  for  unlimited  deten- 
tion without  charge  but  these  laws  have  never  been  formally  invoked  by  the  Govern- 
ment. Legal  and  numan  rights  groups,  including  the  UHRC,  sharply  criticized  the 
excessive  length  of  detention  without  trial — in  many  cases  amounting  to  several 
years — for  alleged  offenses  under  other  laws,  which  both  violated  the  constitutional 
rights  of  the  detainees  and  contributed  substantially  to  prison  overcrowding. 

Arbitrary  arrest,  while  not  common,  does  occur.  In  particular,  some  Muslim  orga- 
nizations complained  of  arrests  targeted  at  young  Muslims  on  suspicion  that  they 
supported  rebel  groups.  Group  arrests  in  "dragnet"  operations  were  also  reported, 
such  as  detention  of  over  80  people  in  Kampala  in  March  in  a  crackdown  on  bur- 
glary. Police  arrested  50  persons,  including  street  children,  in  an  efTort  directed 
against  vagabonds  in  Fort  Portal  in  January.  In  general  those  detained  in  such  op- 
erations who  had  identification  papers  and  did  not  have  criminal  records  were  re- 
leased. ISO  operatives  occasionally  detained  civilians. 

Although  they  have  no  legal  authority  to  make  arrests,  LDU's  continued  to  arrest 
citizens. 

Some  incidents  of  apparently  politically  motivated  arrests  were  reported.  In  Au- 
gust a  member  of  the  Uganda  Young  Democrats,  the  youth  wing  of  tne  DP,  report- 
edly was  arrested  and  detained  for  3  weeks,  then  released,  for  what  police  called 
politicizing  and  inciting  youths  against  the  Government.  In  addition,  some  members 
of  the  DP  and  the  Uganda  People's  Congress  (UPC),  were  detained  for  short  periods 
of  time,  apparently  without  legal  authority,  for  selling  party  cards.  During  the  year, 
the  Government  charged  over  1,000  persons  with  treason  and  related  crimes,  and 
the  cases  of  many  others  charged  for  political  offenses  remain  pending  (see  Section 
I.e.).  The  February  report  of  Human  Rights  Focus  alleged  47  cases  of  unlawful  ar- 
rest by  the  UPDP  and  9  by  the  police,  most  of  which  occurred  in  previous  years. 
While  the  number  of  political  detainees  is  unknown,  it  is  believed  to  be  small. 

Pretrial  detainees  comprise  nearly  three-fourths  of  the  prison  population.  At 
year's  end,  there  were  13,500  prisoners  in  the  central  prison  system,  of  whom  5,500 
had  been  convicted,  and  8,000  were  in  pretrial  detention  (remand).  Congestion  and 


367 

delay  in  the  legal  system  have  produced  similar  figures  for  several  years,  although 
both  categories  increased  substantially  over  the  previous  year.  At  the  local  level,  the 
situation  is  far  worse.  Most  of  the  approximately  4,000  local  prisoners  have  not  yet 
had  a  fair  trial.  Civilians  detained  in  military  barracks  are  almost  invariably  de- 
prived of  a  fair,  civilian  trial.  The  actual  number  of  such  detainees  are  unknown, 
but  there  are  believed  to  be  fewer  than  in  local  prisons.  Efforts  to  verify  these  condi- 
tions were  reportedly  hampered  by  intentional  concealment  of  detained  civilians. 
Verification  of  the  situation  in  military  facilities  is  difficult;  however,  in  August  the 
UHRC  was  granted  access  to  military  places  of  detention  (see  Section  I.e.).  Across 
all  types  of  prisons,  the  average  time  in  pretrial  detention  is  from  2  to  3  years. 

The  Government  did  not  use  exile  as  a  means  of  political  control.  A  presidential 
amnesty  for  former  LRA  and  WNBF  rebels  remains  in  effect,  although  those  who 
return  risk  capture  and  violence  by  mobs  or  the  UPDF. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary; however,  the  President  has  extensive  legal  and  extralegal  powers  that  may 
influence  the  exercise  of  this  independence.  However,  in  its  first  decision,  the  Con- 
stitutional Court  in  April  ruled  unanimously  against  the  Government  in  a  case  in- 
volving the  military  status  of  a  prominent  officer,  Major  General  David  Tinyefuza; 
at  year's  end,  the  case  was  on  appeal  to  the  Supreme  Court.  The  President  nomi- 
nates, for  the  approval  of  Parliament,  members  of  the  Judicial  Service  Commission, 
which  makes  recommendations  on  appointments  to  the  High  Court,  the  Court  of  Ap- 
peal, and  the  Supreme  Court.  The  judiciary  also  is  understaffed  and  weak;  at  year's 
end,  only  16  of  the  30  positions  in  the  three  senior  federal  courts  were  filled. 

The  highest  court  is  the  Supreme  Court,  followed  by  (in  descending  order)  the 
Court  of  Appeal  (which  also  functions  as  the  "Constitutional  Court"  for  cases  of  first 
instance  involving  constitutional  issues),  the  High  Court,  the  chief  magistrate's 
court,  local  council  (LC)  3  (subcounty),  LC  2  (parish),  and  LCI  1  (village).  A  minimum 
of  six  justices  may  sit  on  the  Supreme  Court  and  the  Court  of  Appeal/Constitutional 
Court.  Although  once  considered  a  useful  innovation,  the  LC  courts  are  now  often 
thought  to  be  sources  of  injustice  due  to  such  factors  as  bribery  and  male  dominance 
in  rural  areas.  In  addition  there  are  a  few  specialized  courts  to  deal  with  industrial 
or  other  matters.  The  Industrial  Court  (IC),  which  arbitrates  labor  disputes,  is 
structurally  parallel  to  the  chief  magistrate's  court. 

At  the  lower  end  of  the  judicial  system,  the  local  village  councils  have  the  author- 
ity to  settle  civil  disputes,  including  land  ownership  and  payment  of  debts.  These 
courts,  often  the  only  ones  available  to  villagers,  frequently  exceed  their  authority 
by  hearing  criminal  cases,  including  murder  and  rape.  LC  decisions  may  be  ap- 
pealed to  magistrate's  courts,  but  often  there  are  no  records  made  of  the  case  at  the 
village  level,  and  many  defendants  are  not  aware  of  their  right  to  appseal.  The  civil- 
ian judicial  system  contains  procedural  safeguards,  including  the  granting  of  bail 
and  appeals  to  higher  courts. 

The  ridit  to  a  fair  trial  has  been  circumscribed  for  many  years  by  an  inadequate 
system  oT judicial  administration  and  lack  of  resources,  resulting  in  a  serious  back- 
log of  cases.  The  courts,  like  other  branches  of  government,  were  impaired  by  a  4- 
year-long  civil  service  hiring  freeze,  now  somewhat  relaxed,  which  was  exacerbated 
during  the  year  by  budget  cuts  of  up  to  30  percent  in  many  ministries.  As  a  result, 
criminal  cases  may  take  2  years  or  more  to  reach  the  courts.  The  case  backlog  re- 
mains huge;  in  particular,  the  backlog  of  criminal  cases  in  the  high  court  has  in- 
creased every  year  since  1993.  Some  courts,  however,  began  in  1966  to  adhere  to 
the  constitutionally  prescribed  limits  on  pretrial  detention.  For  example,  Kampala 
businessman  Joseph  Lusse,  who  had  been  arrested  in  April  1995  and  charged  with 
treason,  was  released  on  bail  by  High  Court  justice  J.M.  P.Tabaro,  who  ruled  that 
Lusse's  lengthy  stay  in  prison  on  remand  violated  his  constitutional  right  to  bail. 

Many  defendants  cannot  afford  legal  representation.  The  Constitution  requires 
that  the  Government  provide  an  attorney  for  indigent  defendants  accused  of  capital 
offenses,  but  there  is  rarely  enough  money  to  retain  adequate  counsel.  The  Uganda 
Law  Society  (ULS)  operates  legal  aid  clinics  in  four  regional  offices.  It  assists  mili- 
tary defendants  as  well  as  civilians.  The  Uganda  Association  of  Women  Lawyers 
(FIDA)  and  the  FHRI  also  practice  public-interest  law  from  offices  in  Kampala. 

The  military  court  system  does  not  assure  the  right  to  a  fair  trial.  Altnough  the 
accused  has  the  right  to  legal  counsel,  military  defense  attorneys  are  often  un- 
trained and  may  be  assigned  by  the  military  command,  which  also  appoints  the 
prosecutor  and  the  adjudicating  officer.  The  sentence  passed  by  a  military  court, 
which  may  invoke  the  death  penalty,  may  be  appealed  to  the  high  command,  but 
not  to  the  High  or  Supreme  Courts.  In  1995  the  ULS  petitioned  the  Government 
to  address  the  lack  of  an  appeals  process  in  the  military  courts;  in  October  a  court- 
martial  of  appeal  was  established. 


368 

The  Government  continued  to  arrest  and  charge  persons  for  treason,  especially 
captured  rebel  fighters  in  numbers  greater  than  the  judicial  system  could  manage. 
In  the  past,  numerous  human  rights  abuses  were  committed  in  connection  with 
treason  cases,  including  political  detentions,  detentions  without  charge,  and  mis- 
treatment of  prisoners.  In  a  notable  case,  the  High  Court  in  April  released  two  trea- 
son suspects  on  bail  due  to  the  judicial  system's  failure  to  prosecute  in  a  case  that 
had  begun  in  1992  and  had  received  six  adjournments.  In  another  case,  attorneys 
for  four  Sudanese  citizens  and  four  Ugandans  chained  in  October  with  levying  war 
against  the  Grovemment  and  treason,  respectively,  claimed  that  their  clients  had 
been  tortured  and  denied  medical  treatment.  During  the  year,  the  Government 
charged  over  1,000  persons  with  treason  and  related  crimes,  in  addition  to  at  least 
196  pending  cases  in  various  stages  of  the  legal  process.  Most  were  cases  in  which 
persons  were  accused  of  attempting  to  overthrow  the  Government.  Some  111  per- 
sons arrested  in  1995  on  treason  charges  for  attempting  to  establish  a  rebel  training 
camp  in  Buseruka  remain  in  custody,  and  their  cases  have  been  pending  with  the 
High  Court  since  July  1996;  two  persons  in  this  group  died  in  prison  during  the 
year.  The  case  of  the  six  Sudanese  rebels  charged  with  treason  remained  in  the 
High  Court,  as  did  the  cases  of  two  UPDF  soldiers,  Lt.  David  Kibirige  and  Capt. 
Muses  Lubega,  arrested  for  treason  in  1995.  Francis  Kilama,  charged  with  treason 
in  1995,  remains  in  pretrial  detention  pending  poHce  investigation.  Several  persons 

{)reviously  charged  with  treason,  in  addition  to  businessman  Joseph  Lusse,  were  re- 
eased  after  dismissal  of  the  charges,  in  some  instances  for  procedural  reasons. 

The  number  of  political  prisoners  is  unknown  but  believed  to  be  small.  Bright 
Gabula  Africa,  whose  death  sentence  for  treason  was  upheld  by  the  Supreme  Court 
in  1995,  remains  imprisoned  pending  the  outcome  of  his  appeal  to  the  Advisory 
Committee  on  the  Prerogative  of  Mercy,  a  largely  anonymous  constitutional  body 
that  recommends  whether  presidential  clemency  powers  should  be  exercised  in  a 
given  case.  According  to  the  authorities,  no  executions  for  treason  or  for  any  other 
crime  occurred  during  the  year. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  protection  of  privacy,  which  the  Government  generally 
observes.  The  law  requires  that  police  have  search  warrants  before  entering  private 
homes  or  offices,  and  the  police  generally  observed  this  law  in  practice,  although  in 
its  effort  to  combat  the  reoel  movement  in  the  north,  the  UPDF  often  invaded  pri- 
vate homes  without  warrants.  LDU's  arrest  citizens  without  authority;  an  LDU  unit 
in  Kampala  arrested  a  suspect  in  his  home  and  beat  him  (see  Section  I.e.)  UPDF 
forces  in  the  north  also  allegedly  beat  civilians  and  confiscated  civilian  property, 
such  as  cattle.  The  police  sometimes  searched  vehicles  without  prior  warrants.  Pris- 
on officials  routinely  censor  the  mail  of  prisoners. 

During  the  conflict  with  the  LRA,  government  forces  used  threats  to  compel  citi- 
zens to  leave  their  homes  and  move  to  areas  under  government  protection  (see  Sec- 
tion l.g.). 

g.  L/se  of  Excessive  Force  and  Violations  of  Humanitarian  Law  in  Internal  Con- 
flicts.— Reports  of  violations  of  humanitarian  law  increased.  In  the  north,  govern- 
ment forces  implemented  a  policy  of  concentrating  inhabitants  in  so-called  "pro- 
tected villages"  with  UPDF  detachments  nearby  as  a  means  of  protecting  them  and 
denying  support  to  the  LRA.  Most  inhabitants  moved  to  the  protected  villages  vol- 
untarily, but  many  were  coerced  by  military  authorities  who  told  them  that  they 
would  be  treated  as  rebel  supporters  if  they  did  not  move.  The  villages,  which  were 
established  hastily  and  without  coordination  with  civil  authorities,  lacked  appro- 
priate water  and  electrical  supplies  as  well  as  health  and  educational  services;  they 
were  rapidly  beset  by  hunger  and  disease,  which  killed  numerous  residents.  This 
policy  was  strongly  attacked  by  parliamentarians  from  the  area.  A  parliamentary 
committee  report  in  January  noted  that  while  the  policy  "may  appear  necessary  and 
successful"  from  "a  security  point  of  view,"  from  "a  humanitarian  angle  it  has  so 
far  proved  a  disaster."  Toward  year's  end,  some  residents  began  returning  to  their 
farms,  while  international  assistance  improved  somewhat  the  condition  of  remaining 
village  inhabitants.  In  other  incidents,  UPDF  mobile  forces  reportedly  routinely  beat 
civilians  brutally  during  questioning  about  rebel  activities  in  the  vicinity;  some  re- 
ports suggested  that  they  raped  villagers. 

In  the  north,  forces  of  the  LRA  led  by  Joseph  Kony,  and  supported  by  the  Govern- 
ment of  Sudan,  regularly  attacked  civilian  and  military  targets,  as  well  as  Sudanese 
refugee  camps.  These  attacks  caused  widespread  death  and  destruction  of  homes 
and  property  and  disrupted  both  economic  and  social  life  over  much  of  Gulu  and 
Kitgum  districts.  The  LRA  continued  to  kill,  maim,  rape,  and  abduct  large  numbers 
of  civilians.  In  particular,  the  LRA  abducted  numerous  children  and,  at  clandestine 
bases,  terrorized  them  into  virtually  slavery  as  guards,  concubines,  and  soldiers.  An 
Amnesty  International  report  on  the  practice  in  September  concluded  that  without 


369 

abductions  of  children  the  LRA  would  have  few  combatants.  A  Human  Rights  Watch 
report  in  September  estimated  that  3,000  to  5,000  children  had  escaped  from  LRA 
captivity  over  the  last  2  years  and  an  equal  number  remained  in  LRA  hands.  A 
similar  report  by  the  U.N.  Children's  Fund  (UNICEF)  in  May  provided  a  somewhat 
lower  estimate  of  abductions.  In  the  largest  massacre  of  the  northern  war,  between 
January  7  and  January  12,  LRA  units  assaulted  numerous  villages  >n  northwest 
Kitgum  district,  hacking  and  clubbing  to  death  some  412  men,  women,  and  children. 
In  other  incidents,  LRA  units  killed  or  maimed  persons  traveling  on  roads,  using 
bicycles,  or  keeping  pigs — all  of  which  violated  LRA  "rules."  Such  extrajudicial 
killings  occurred  frequently.  LRA  rebels  also  planted  land  mines  on  roads  in  Gulu 
and  Kitgum  district  throughout  the  year.  An  LRA  mine  killed  the  wife  of  the  Angli- 
can bishop  of  Kitgum  in  May.  Land  mines  on  the  few  roads  to  the  Sudan  border 
hinder  the  transport  of  food  to  internally  displaced  persons  (IDP's)  and  to  the 
150,000  to  200,000  Sudanese  refugees  in  camps  there. 

In  the  northwestern  region  bordering  Sudan  and  the  Democratic  Republic  of  the 
Congo,  the  WNBF  similarly  laid  land  mines  on  major  roads  used  for  relief  ship- 
ments to  refugee  camps  as  well  as  for  local  commerce.  WNBF  forces,  however,  were 
depleted  by  combat  in  southern  Sudan  against  the  Sudan  People's  Liberation  Army 
(SPLA),  and  WNBF  activities  largely  ceased  by  year's  end. 

Another  rebel  group,  the  ADF,  was  active  in  the  west  and  southwest  during  the 
year.  The  ADF  engaged  in  wide-scale  abuse  of  civilians,  including  killing,  rape,  and 
abduction.  After  an  ADF  attack  in  Bundibugyo  district  in  June  was  turned  back, 
residents  found  the  bodies  of  some  58  civilians  murdered  by  the  ADF.  In  addition 
more  than  50  civilians  were  killed  in  ADF  attacks  in  Kasese  district  in  September 
and  October.  ADF  elements  also  planted  land  mines  extensively  and  engaged  in  nu- 
merous attacks  on  civilian  locations,  causing  scores  of  deaths  and  injuries.  Like  the 
LRA,  the  ADF  targeted  local  officials  for  abduction  and  murder. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  but  the  Government  at  times  restricted  these  rights  in  practice. 
The  media  were  dominated  by  the  New  Vision,  a  government-funded  daily  news- 
paper with  a  circulation  of  40,000  (with  up  to  10  readers  sharing  each  copy)  and 
a  government-controlled  Radio  Uganda.  These  news  sources  were  of  a  fairly  high 
quality  and  often  included  reporting  critical  of  the  Government.  The  Government's 
occasional  use  of  outdated  sedition  laws  and  imprisonment  of  some  members  of  the 
media  led  some  journalists  to  practice  self-censorship.  During  the  1996  election  cam- 
paigns, the  New  Vision  exhibited  a  clear  pro-NRM  editorial  bias  and  gave  more 
prominent  attention  to  NRM  supporters  running  for  office. 

The  media  are  generally  free  and  outspoken,  with  widespread  availability  of  rival 
nongovernment  publications.  The  independent  Monitor  newspaper  equaled  the  New 
Vision's  circulation  while  another  major  independent,  The  Crusader,  which  began 
publication  in  1995,  continued  to  publish  and  improve  its  credibility.  The  East  Afri- 
can, a  Nairobi -based  weekly  publication  that  provides  extensive  reporting  on  Ugan- 
da, continued  to  circulate  without  government  hindrance. 

Editor  Teddy  Seezi  Cheeye  of  the  outspoken  biweekly,  Uganda  Confidential,  was 
acquitted  in  January  of  charges  of  having  kidnaped  a  woman  for  sexual  purposes. 
In  dismissing  the  case,  Kampala  chief  magistrate  Mrs.  Flavia  Munaaba  declared 
that  the  charges  were  "a  frameup  engineered  by  powerful  and  corrupt  people"  whom 
Cheeye,  known  for  his  efforts  against  government  corruption,  had  long  been  criticiz- 
ing. Although  the  New  Vision  called  for  an  investigation  of  the  prosecution,  the  Gov- 
ernment in  February  appealed  the  dismissal.  At  year's  end,  no  hearing  date  had 
been  set. 

Haruna  Kanaabi,  editor  of  the  weekly  newsletter  Shariat,  appealed  to  the  High 
Court  his  1995  conviction  for  sedition  and  publishing  false  news,  which  was  based 
on  an  article  in  Shariat  that  claimed  that  Rwanda  was  actually  the  40th  district 
of  Uganda.  At  that  time,  Kanaabi  was  sentenced  to  5  months'  imprisonment. 

In  January  journalist  Muasazi-Namiti  was  arrested  on  charges  arising  from  arti- 
cles that  he  had  published  about  the  activities  of  Hassan  Kato.  Muasazi-Namiti  re- 
ported that  Kato  had  had  sexual  relations  with  over  1,000  women — one  of  whom, 
named  in  the  articles,  was  the  wife  of  a  local  covernment  leader.  Both  Muasazi- 
Namiti  and  Kato  were  arrested  and  charged  with  disseminating  false  information. 
Hearings  in  the  case  began  in  September.  In  another  case,  Amos  Kajoba,  the  editor 
of  the  UPC  publication  The  People  was  detained  for  7  hours  in  Kampala  in  April 
in  connection  with  a  criminal  libel  case  for  allegedly  "exposing  a  Member  of  Par- 
liament to  hatred." 

Other  instances  of  press  harassment  also  occurred.  In  October  editor  Charles 
Onyango-Obbo  and  senior  reporter  Andrew  M.  Mwanda  of  the  Monitor  newspaper 


370 

were  arrested  and  charged  with  dissemination  of  false  information  based  on  a  report 
that  they  published  stating  that  Uganda  had  received  gold  in  payment  for  assist- 
ance in  overthrowing  former  Zairian  leader  Mobutu  Sese  Seko.  In  response  to  their 
appeal,  a  High  Court  judge  sharply  reduced  the  amount  of  their  bail,  from  about 
$4,000  (4  million  shillings)  to  $400  (400,000  shillings).  At  years  end,  the  journalists 
remained  released  on  bail,  and  trial  was  pending.  In  February  editors  oi  the  Mon- 
itor were  questioned  by  the  police  for  more  than  2  hours  concerning  articles  that 
had  allegedly  angered  President  Museveni.  In  April  the  editor  of  the  Lira-based 
Rupiny  newspaper,  a  sister  publication  of  the  New  Vision,  was  held  for  1  hour  for 
allegedly  publishing  negative  reports  about  Lira  municipality. 

The  Government  controls  one  television  station  and  Radio  Uganda,  the  radio  sta- 
tion with  the  largest  audience.  There  are  four  local  television  stations,  six  local 
radio  stations,  and  five  private  television  stations  available  by  satellite.  Uncensored 
Internet  access  is  widely  available  through  three  commercial  service  providers  in 
major  cities,  although  its  price  was  prohibitive  for  all  but  the  most  affluent  non- 
institutional  users. 

The  Government  sometimes  abridged  freedom  of  speech  of  those  who  questioned 
government  policies.  In  March  a  walk  supported  by  a  spectrum  of  Christian  leaders, 
including  the  Roman  Catholic  Metropolitan  Emmanuel  Cardinal  Wamala,  intended 
to  call  for  a  peaceful  solution  to  the  conflict  in  the  north,  was  postponed  under  pres- 
sure from  the  President.  The  march  took  place  in  November  without  further  govern- 
ment interference.  In  May  the  inspector  general  of  police  forbade  a  demonstration 
against  a  number  of  government  policies  supported  by  some  opposition-minded 
Members  of  Parliament  (M.P.'s).  While  authorities  sought  to  justify  this  action  on 
the  grounds  that  its  sponsors  purportedly  might  be  contemplating  violence,  com- 
ments by  government  leaders  after  these  events  suggested  that  they  saw  content- 
based  discrimination  in  treatment  of  demonstrations  as  appropriate.  Members  of  op- 
position political  parties  complained  that  ISO  authorities  kept  their  meetings  under 
constant  surveillance,  intimidating  their  supporters.  A  member  of  the  youth  wing 
of  the  DP  reportedly  was  arrested  and  detained  for  what  police  called  politicizing 
and  inciting  youths  against  the  Government  (see  Section  l.d.). 

The  press  and  media  law,  which  took  effect  in  1995,  requires  journalists  to  be  li- 
censed and  to  meet  certain  standards,  including  holding  a  university  degree.  The 
law  provides  for  a  Media  Council  to  monitor  and  discipline  journalists.  The  law  also 
gives  the  Government  power  to  suspend  newspapers  and  to  deny  access  to  state  in- 
formation. Although  the  Media  Council  was  established  in  1996,  government  ofTi- 
cials  do  not  vigorously  enforce  the  law,  both  for  practical  and  political  reasons. 

The  Uganda  Journalists  Safety  Committee,  a  media  watchdog  group,  filed  suit  in 
the  Constitutional  Court  in  June  against  the  sedition  laws  and  the  press  and  media 
law.  The  High  Court  began  hearings  in  late  November  on  the  suit,  which  claimed 
that  the  laws  violated  a  number  of  constitutional  provisions;  final  action  was  still 
pending  at  year's  end. 

A  considerable  degree  of  academic  freedom  exists  at  the  two  public  and  five  pri- 
vate universities,  with  no  government  interference  in  teaching,  research,  or  publica- 
tion. Students  and  faculty  have  sponsored  wide-ranging  political  debates  in  open  fo- 
rums on  campus,  including  an  interdisciplinary  conference  on  human  rights  in  the 
Great  Lakes  region  at  Makerere  University  in  December.  At  the  same  time,  some 
limits  were  evident.  Makerere  University,  the  most  important  institution  of  higher 
education,  cautioned  staff  member  Mohammed  Mayanja,  a  former  presidential  can- 
didate, about  remarks  which  he  made  that  were  critical  of  President  Museveni,  who 
is  also  the  university  chancellor. 

In  the  past,  the  Government  required  many  students  and  government  officials  to 
take  NRM  political  education  and  military  science  courses  known  as  "Chaka 
Mchaka."  These  courses  were  criticized  as  indoctrination  in  NRM  political  philoso- 
phy, including  the  view  that  political  parties  were  responsible  for  the  countjy's  civil 
conflicts  before  1986.  There  were  reports  that  the  techniques  used  in  some  of  the 
courses  included  intimidation,  physical  and  mental  abuse,  and  sexual  harassment. 
The  Chaka  Mchaka  courses,  suspended  in  1995  to  avoid  interference  with  the  elec- 
toral process,  were  revived  in  the  latter  part  of  the  year. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  but  the  Government  restricts  this  right  in  practice.  The  Con- 
stitution bans  political  parties  from  holding  national  conventions,  issuing  platforms, 
endorsing  candidates,  or  opening  branch  offices  outside  the  capital  for  5  years.  The 
Constitution  also  forbids  other  activities  that  would  interfere  with  "the  Movement 
system,"  an  elastic  provision  that  the  Government  often  interpreted  adversely  to  po- 
litical parties'  interests. 

There  were  no  known  cases  of  denial  of  assembly  permits  to  other  groups  during 
the  year. 


371 

In  March  the  F*resident  exerted  pressure  to  prevent  a  march  in  favor  of  a  peaceful 
solution  to  the  conflict  in  the  north,  and  in  May  a  senior  police  official  forbade  a 
demonstration  by  some  opposition-minded  M.P.'s.  (see  Section  2.a.).  Members  of  op- 
position parties  reported  constant  ISO  surveillance  of  their  meetings  (see  Section 
2.a.). 

The  Constitution  provides  for  freedom  of  association,  but  the  Government  restricts 
this  right  in  practice.  NGO's  are  required  to  register  with  the  Nongovernmental  Or- 

?[anizations  Board,  which  includes  representation  from  the  Ministry  of  Internal  Af- 
airs  as  well  as  other  ministries.  The  Government  generally  approves  NGO  registra- 
tion, although  there  have  been  instances  in  which  NGO's  considered  to  be  opposed 
to  the  Government  politically  have  encountered  serious  difficulties  in  obtaining  reg- 
istration. 

c.  Freedom  of  Religion. — The  Constitution  protects  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  There  is  no  state  religion.  Prisoners  are 
given  the  opportunity  to  pray  on  the  day  appropriate  to  their  faith.  Muslim  pris- 
oners are  usually  released  from  work  duties  auring  the  month  of  Ramadan. 

A  number  of  incidents,  however,  demonstrated  hostility  against  Muslims  by  some 
government  officials,  in  part  because  of  support  by  some  Muslims  of  rebel  groups, 
especially  of  the  ADF,  (see  Section  l.a.).  In  January  during  the  month  of  Ramadan, 
three  police  officers  pursued  a  suspect  into  Nakasero  mosque  during  night  prayers. 
Also  in  January,  a  security  officer  in  Kibale  district  entered  the  mosque  in  Muhooro 
town  during  night  prayers,  ejected  the  worshipers  at  gunpoint  while  accusing  them 
of  being  ADF  supporters,  and  detained  20  Muslims  for  2  days  in  a  local  police  post, 
where  they  were  oeaten  by  police.  A  local  government  ofTicial  reportedly  expressed 
regret  for  the  incident.  In  the  same  month,  security  officers  in  Bushenyi  town 
blocked  a  vehicle  carrying  relief  supplies  for  Muslims  in  Kasese  district;  cir- 
cumstances suggested  that  the  action,  although  purportedly  based  on  lack  of  proper 
documentation,  was  motivated  by  anti-Muslim  hostility.  In  February  the  Resident 
District  Commissioner  (RDC)  of  Bushenyi  ordered  the  arrest  of  a  Muslim  who  lefl 
a  district  meeting  before  the  singing  of  the  national  anthem;  reported  remarks  by 
the  RDC  suggested  that  the  arrest  was  motivated  by  hostility  to  Muslims.  In  August 
Siraje  Kifamunyanja,  a  Muslim  businessman  in  Kasese,  was  reportedly  arrested  by 
district  security  officers  at  his  attorney's  ofTice,  tortured  at  district  ofiices,  and  re- 
leased the  following  day  without  charge. 

In  August  members  of  the  security  forces  were  suspected  of  killing  three  Muslims 
in  Kasese  district  (see  Section  l.a.).  Muslim  groups  complained  of  numerous  in- 
stances of  harassment  by  security  officers  during  the  year,  but  there  were  no  reports 
that  government  agencies  investigated  such  incidents. 

d.  Freedom  of  Movement  within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  gen- 
erally respected  them  in  practice,  although  some  local  officials  reportedly  demanded 
payment  of  fees  for  permission  to  change  a  place  of  residence.  A  married  woman 
needs  to  obtain  her  husband's  written  permission  on  her  passport  application  if  chil- 
dren are  traveling  on  her  passport. 

The  Government  cooperates  with  the  Office  of  the  U.N.  High  Commissioner  for 
Refiigees  (UNHCR)  and  with  other  humanitarian  organizations  in  assisting  refu- 
gees. As  it  has  repeatedly  done  in  past  years,  Uganda  continued  to  provide  first  asy- 
lum to  citizens  from  neighboring  countries,  extending  this  practice  to  approximately 
204,000  refugees  during  the  year;  most  were  from  Sudan,  but  a  smaller  number 
were  from  other  neighlx)ring  countries.  The  (jovemment  provided  asylum,  but  not 
refugee  status,  to  2,()00  to  3,0(X)  Rwandans  who  had  refugee  status  in  Tanzania  but 
entered  Uganda  to  avoid  repatriation  to  Rwanda.  Most  of  the  latter  group  returned 
to  Rwanda  by  midyear.  There  were  no  reports  of  forced  return  of  persons  to  a  coun- 
try where  they  feared  persecution. 

The  Gk)vernment  provided  increased  security  in  refugee  camps,  and  there  were  no 
reports  of  large  scale  attacks  by  rebel  groups  on  the  camps.  Nevertheless,  there 
were  several  instances  of  attacks,  rapes,  harassment,  and  looting  directed  against 
refugees,  causing  several  serious  injuries  and  deaths.  In  one  incident  in  October, 
LRA  rebels  abducted  24  refugees,  subsequently  releasing  22  and  killing  2  (see  Sec- 
tion l.g.). 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
Movement  domination  of  the  Government  and  the  political  process,  and  some  re- 
strictive constitutional  provisions,  limited  citizens'  effective  exercise  of  the  right  to 
change  their  government.  The  President  dominates  the  Government,  and  Movement 
supporters  control  the  Parliament.  In  addition,  a  constitutional  provision  prohibiting 
actions  that  impair  the  Movement  system  was  interpreted  by  some  local  officials — 


372 

the  vast  majority  of  whom  are  Movement  supporters — to  forbid  the  sale  of  political 
party  cards.  Althou^  no  law  makes  such  an  action  a  criminal  offense,  a  number 
of  DP  and  UPC  figures  were  arrested  by  police  and  held  briefly  while  attempting 
to  sell  party  cards.  Local  government  elections,  to  be  carried  out  under  the  "no- 
party"  Movement  system,  began  at  village  and  parish  levels  in  November  and  De- 
cember. They  were  expected  to  conclude  in  the  first  half  of  1998.  No  national  elec- 
tions took  place  during  the  year.  Universal  suffrage  is  accorded  to  adults  18  years 
of  age  and  older.  Contrary  to  the  Constitution,  the  right  to  vote  was  denied  to  pris- 
oners. Special  seats  in  Parliament  are  designated  for  members  of  the  UPDF. 

Women  play  a  prominent  role  in  national  affairs,  but  are  underrepresented  in  gov- 
ernment and  politics.  However,  the  Government  has  used  quotas  in  an  aggressive 
effort  to  place  women  in  positions  of  authority.  The  Vice  President  and  the  Deputy 
Speaker  of  Parliament  are  women.  In  addition,  each  of  the  nation's  then  39  districts 
in  1996  elected  a  woman  to  Parliament  to  fill  a  seat  reserved  for  women  by  provi- 
sions of  the  Constitution.  Six  other  women  won  openly  contested  seats  in  the  276- 
member  Parliament  in  that  election. 

Provisions  of  the  Local  Government  Bill,  passed  in  March,  reserved  seats  on  local 
councils  for  women  as  well  as  members  of  other  "marginalized"  groups,  such  as  dis- 
abled persons.  The  Constitution  proves  for  five  seats  in  Parliament  for  representa- 
tives of  the  disabled,  and  a  by-election  to  fill  one  of  these  seats  was  actively  con- 
tested. 

Section  4.  Governmental  Attitude  Regarding  International  and  N ongouernmenial  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Numerous  human  rights  groups  operate.  Among  them  are:  The  FHRI;  the  Uganda 
chapter  of  FIDA;  the  UPAF,  which  monitors  prison  conditions;  the  National  Organi- 
zation for  Civic  Education  and  Election  Monitoring,  which  deals  with  problems  re- 
lated to  civil  society  and  political  rights;  Human  Rights  Focus,  based  in  the  north- 
em  town  of  Gulu;  the  National  Association  of  Women's  Organizations  of  Uganda 
(NAWOU),  an  umbrella  group;  and  the  Human  Rights  and  Peace  Center,  based  at 
Makerere  University.  These  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  findings  on  human  rights  cases.  HURINET,  a  human 
rights  network  and  an  umbrella  organization  for  nine  human  rights  organizations 
active  in  the  country,  continued  to  be  active,  and  Amnesty  International  opened  a 
branch  office  in  Kampala  while  also  forming  a  Uganda  chapter. 

The  Constitution  established  the  Uganda  Human  Rights  Commission  (UHRC)  as 
a  permanent  independent  body  with  quasi-judicial  powers.  Under  the  Constitution, 
the  Commission  may  subpoena  information  and  oraer  the  release  of  detainees  and 
the  payment  of  compensation  for  abuses,  but  it  may  not  intervene  in  cases  pending 
before  a  court.  The  Commission  began  investigations  of  numerous  alleged  human 
rights  abuses  but  by  year's  end  had  issued  no  rulings.  The  UHRC  also  inspected 
numerous  detention  facilities  and  publicly  reported  its  findings.  Government  offi- 
cials were  generally  cooperative  and  responsive  to  NGO  views.  They  frequently  at- 
tended conferences  and  seminars  hosted  by  NGO's  on  social  problems.  The  Govern- 
ment allowed  access  by  international  human  rights  NGO's,  the  UNHCR,  and  the 
ICRC. 

Section  5.  Discrimination  Based  On  Race,  Sex,  Religion,  Disability,  Language,  Or 
Social  Status 

The  Constitution  prohibits  discrimination  based  on  these  factors,  but  the  Govern- 
ment does  not  effectively  enforce  the  law  in  matters  of  local  or  culturally  accepted 
discrimination  against  women,  children,  people  with  disabilities,  or  certain  ethnic 
groups.  Race  was  not  a  factor  in  national  politics.  The  escalating  tension  in  the 
north  led  to  violations  of  the  rights  of  many  Acholi,  the  ethnic  group  that  comprises 
a  significant  part  of  the  northern  population. 

Women. — Violence  against  women,  including  rape,  remained  common.  There  were 
no  laws  passed  to  protect  women  against  battery,  although  there  is  a  general  law 
concerning  assault.  In  August,  however,  the  Ministry  of  Gender  and  Community  De- 
velopment began  to  implement  the  Children  Statute,  passed  in  1966,  which  provides 
extensive  protections  for  families  and  children.  Public  opinion  and  law  enforcement 
officials  continued  to  view  wife  beating  as  a  man's  prerogative  and  rarely  intervened 
in  cases  of  domestic  violence.  Women  remained  more  likely  to  sue  for  divorce  than 
to  file  assault  charges  against  their  husbands  while  still  married.  These  problems 
received  growing  public  attention,  with  numerous  NGO's  that  advocate  women's 
rights  sponsoring  conferences,  empowerment  sessions,  and  training  programs 
throughout  the  country.  These  NGO's  were  particularly  active  in  connection  with  a 
case  in  which  an  Asian  woman,  Renu  Joshi,  was  allegedly  murdered  by  relatives. 


373 

including  her  husband,  Kooky  Sharma,  in  December.  At  year's  end,  legal  action  in 
this  case  was  pending. 

Traditional  and  widespread  societal  discrimination  against  women  continued,  es- 
pecially in  rural  areas,  despite  constitutional  provisions  to  the  contrary.  Many  cus- 
tomary laws  discriminate  against  women  in  the  areas  of  adoption,  mairiage,  divorce, 
and  devolution  of  property  on  death.  In  most  areas,  women  may  not  own  or  inherit 

f)roperty,  nor  retain  custody  of  their  children  under  local  customary  law.  Divorce 
aw  sets  stricter  evidentiary  standards  for  women  to  prove  adultery.  Women  do  most 
of  the  agricultural  work  but  own  only  7  percent  of  the  agricultural  land.  Since  the 
implementation  of  the  Constitution,  foreign-born  husbands  of  Ugandan  women  can 
become  citizens.  The  previous  law  had  allowed  only  men  to  sponsor  their  foreign 
spouses  for  citizenship.  There  are  limits  on  a  married  woman's  ability  to  travel 
aoroad  with  her  children  (see  Section  2.d.). 

There  are  active  women's  rights  groups,  including  the  FIDA,  Action  for  Develop- 
ment, the  National  Association  of  Women  Judges  of  Uganda  (NAWJ)  and  the 
NAWOU,  which  promote  greater  awareness  of  the  rights  of  women  and  children. 
The  FIDA  is  conducting  a  3-year  project  to  reform  outdated  and  discriminatory 
laws,  and  the  NAWJ  completed  ana  began  disseminating  a  guidebook  on  women's 
rights  and  options  concerning  domestic  violence. 

Children. — Although  it  has  devoted  only  limited  funds  to  children's  welfare,  the 
Government  demonstrated  a  commitment  to  improving  children's  welfare.  Beginning 
in  August,  it  implemented  the  Children  Statute,  passed  in  1996.  The  law  stipulates 
parents'  responsibilities  and  provides  extensive  protections  for  children  in  a  wide  va- 
riety of  areas,  including  financial  support,  foster  care  placement,  adoption,  deter- 
mination of  parentage,  and  treatment  of  children  charged  with  offenses.  It  also  in- 
cludes concise  provisions  on  the  rights  of  the  child,  including  a  provision  that  a  child 
shall  not  be  "made  to  work  or  take  part  in  any  activity  whether  for  pay  or  not  which 
is  likely  to  injure  the  child's  health,  education,  mental,  physical  or  moral  develop- 
ment." Nevertheless,  the  large  size  of  the  youth  population  makes  it  difficult  for  the 
Government  to  enforce  prohibitions  on  child  labor  (see  Section  6.d.).  One-half  the 
population  is  under  the  age  of  18.  Current  estimates,  based  on  1991  figures  (the 
most  recent  available),  suggest  that  there  are  1.3  million  orphaned  children  (chil- 
dren missing  either  parent  are  considered  orphans).  This  large  number  of  orphans 
results  from  previous  civil  wars,  internal  displacement  of  persons,  and  AIDS. 

Parliament  passed  legislation  to  put  into  effect  a  campaign  promise  by  President 
Museveni  in  1996  to  provide  free  education  through  seventn  grade  for  a  maximum 
of  four  children  per  family.  This  program,  called  "Universal  Primary  Education" 
(UPE),  received  preferential  treatment  in  the  central  government  budget,  although 
strained  finances,  instability  in  some  areas,  and  inability  to  rapidly  expand  edu- 
cational personnel  and  infrastructure  left  the  program  incompletely  implemented  at 
year's  end.  Although  the  UPE  began  to  make  education  more  accessible  financially, 
parents  must  still  pay  for  books,  uniforms,  and  some  school  costs.  Implementation 
of  the  UPE  caused  financial  problems  for  the  country's  large,  often  polygynous  fami- 
lies. Girls  and  boys  theoretically  have  equal  access  to  education,  and  lower  grades 
are  about  evenly  divided  by  sex;  at  year's  end,  the  effect  of  the  UPE  on  education 
for  girls — who  have  traditionally  been  less  favored  when  families  have  made  finan- 
cially-related educational  decisions — remained  unclear.  Parents'  inability  to  afford 
schooling  has  in  the  past  correlated  highly  with  child  labor  (see  Section  6.d.). 

Child  abuse  remained  a  serious  problem,  particularly  the  rape  of  young  girls 
(known  locally  as  "defilement  ").  Only  a  small  fraction  of  these  incidents  is  reported, 
especially  when  the  perpetrator  is  a  family  member,  neighbor,  or  teacher,  as  is  often 
the  case.  Few  accusations  reach  the  courts.  Neither  conviction  nor  punishment  was 
common.  Cases  were  reported  frequently  in  newspapers,  but  a  payment  to  the  girl's 
parents  often  ended  the  matter.  Despite  these  obstacles,  an  increasing  number  of 
cases  are  being  prosecuted,  such  as  that  of  a  20-year-old  baggage  porter  sentenced 
in  February  to  4  years  in  prison  and  12  strokes  of  a  cane  for  defiling  three  children 
after  confining  them  in  a  forest  in  Masaka  district.  In  another  case,  a  56-year-old 
man  was  convicted  in  Kampala  in  April  of  attempted  defilement  of  a  9-year-old  girl 
and  was  imprisoned  for  2  years.  On  occasion,  local  inhabitants  meted  out  informal 
justice  to  alleged  defilers.  For  example,  in  August  residents  of  Kyarumba  village  in 
Kabarole  district  beat  a  suspect  to  death. 

Many  schools  use  corporal  punishment,  although  Minister  of  Education  Amanya 
Mushega  in  May  banned  the  beating  of  secondary  school  students  and  called  for  the 
arrest  of  teachers  who  did  not  comply.  In  one  case,  a  teacher  was  detained  for  alleg- 
edly beating  to  death  a  15-year-old  pupil  at  Bugenge  primary  school  in  Masaka  dis- 
trict; prosecution  was  pending  at  year's  end.  In  August  a  teacher  in  Kampala  was 
suspended  and  placed  under  investigation  based  on  allegations  that  he  had  caned 
a  pupil. 


374 

The  1996  cases  of  the  Mpigi  teacher  charged  with  beating  an  8-year-old  child  to 
death  and  the  Bulegna  headmaster  charged  with  beating  a  17-year-old  girl  to  death 
remained  unresolved  at  year's  end. 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  practiced 
only  by  tne  Sabyni  tribe,  located  in  highly  rural  Kapchorwa  district  in  eastern 
Uganda,  whose  members  number  fewer  than  10,000.  Among  the  Sabyni,  initiation 
ceremonies  involving  FGM  have  been  carried  out  every  2  years  for  girls  between  the 
ages  of  14  and  16  years.  There  is  no  law  against  the  practice,  but  government  and 
women's  groups  working  with  the  U.N.  Fund  for  Population  Activities  are  carrying 
out  a  program  to  combat  the  practice  through  education.  With  strong  government 
support,  including  the  support  of  local  Kapchorwa  leaders,  a  pilot  phase  of  this  pro- 
gram, which  emphasizes  close  cooperation  with  local  traditional  authority  figures 
and  peer  counseling,  achieved  more  than  a  one-third  reduction  in  numbers  of  muti- 
lations performed.  The  program  is  being  expanded. 

The  Children  Statute  provides  that  children  with  disabilities  be  treated  and  given 
necessary  special  facilities — a  provision  hampered  in  execution  by  inadequate  lund- 
ing. 

The  LRA  abducted  many  children,  using  them  as  guards,  soldiers,  and  concubines 
(see  Section  l.g.) 

People  Withuisabilities. — The  Constitution  specifies  that  persons  with  disabilities 
have  a  right  to  respect  and  human  dignity"  and  requires  tnat  authorities  take  ap- 
propriate measures  "to  ensure  that  they  realize  their  full  mental  and  physical  poten- 
tial." Regardless  of  this  provision,  there  is  no  statutory  requirement  lor  government 
services  or  facilities  such  as  accessibility  of  buildings  for  the  disabled.  Most  build- 
ings are  one-story,  but  in  larger  towns  with  multistory  buildings,  there  are  often  no 
elevators  and,  even  where  they  do  exist,  they  are  rarely  reliable.  Widespread  dis- 
crimination by  society  and  employers  limits  job  and  educational  opportunities  for 
those  with  physical  disabilities.  A  small  office  for  the  disabled  within  the  Ministry 
of  Local  Government  lacks  sufficient  funding.  Disabled  M.P.'s  have  emphasized  the 
problems  of  people  with  disabilities. 

Religious  Minorities. — A  number  of  incidents  demonstrated  hostility  against  Mus- 
lims by  residents  of  some  localities.  In  February  a  mob  in  Igayaza  village  in  Kibale 
strict  destroyed  a  mosque  belonging  to  the  Tabliq  Muslim  sect  and  an  Islamic  pri- 
mary school. 

National  / Racial  / Ethnic  Minorities. — Civil  strife  in  the  north  led  to  violation  of 
the  rights  of  many  members  of  the  Acholi  tribe,  which  is  largely  resident  in  the 
northern  districts  of  Gulu  and  Kitgum.  Both  the  LRA  rebels — who  themselves  are 
largely  Acholi — and  government  forces  committed  violations  of  humanitarian  law, 
and  LRA  fighters  were  particularly  implicated  in  instances  of  murder  and  maiming 
(see  Section  l.g.). 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  of  every  per- 
son to  join  associations  or  trade  unions,  and  the  law  allows  unionization  if  a  major- 
ity of  tne  work  force  supports  it.  In  practice,  the  (}overnment  respects  the  right  to 
form  unions,  and  since  1993  this  right  has  extended  to  civil  servants.  However, 
many  "essential"  government  employees  are  not  permitted  to  form  unions;  these  in- 
clude the  police,  army,  permanent  secretaries  in  the  ministries,  heads  of  depart- 
ments and  state-owned  enterprises,  school  principals,  and  other  management  level 
ofiicials. 

The  National  Organization  of  Trade  Unions  (NOTU),  the  largest  labor  federation, 
includes  17  unions  and  is  independent  of  the  Government  and  political  parties. 
Among  its  members  are  medical  workers,  including  doctors,  and  the  civil  service 
union.  The  NOTU's  influence  on  the  overall  economy  remains  marginal,  since  about 
90  percent  of  the  work  force  consists  of  peasant  farmers.  Even  in  areas  where  cash 
crops  are  significant,  unionization  remained  virtually  nonexistent.  In  addition,  the 
NOTU's  membership  has  reportedly  declined  from  some  500,000  in  the  1970's  to 
about  150,000.  According  to  the  1988-89  census,  about  20  percent  of  an  estimated 
400,000  workers  in  the  industrial  or  modem  wage  sector  of  tne  economy  were  union- 
ized. 

The  Constitution  confirms  the  right  to  strike,  but  government  policy  requires  that 
labor  and  management  make  "every  effort"  to  reconcile  labor  disputes  before  resort- 
ing to  strike  action.  This  directive  presents  unions  with  a  complicated  set  of  restric- 
tions. If  reconciliation  does  not  seem  possible,  labor  must  submit  its  grievances  and 
notice  to  strike  to  the  Minister  of  Labor,  who  usually  delegates  the  dispute  to  the 
industrial  court  (IC).  In  February  the  IC  upheld  a  1993  pay  increase  award  to  em- 
ployees of  three   foreign-owned   banks — the   first  prolabor   ruling   since   President 


375 

Museveni  in  1995  expressed  his  displeasure  with  the  IC's  hostility  toward  the  busi- 
ness community.  In  the  absence  of  verdicts  from  the  IC,  the  Minister  of  Labor  gen- 
erally did  not  permit  strikes,  on  the  basis  that  "every  effort"  had  not  been  ex- 
hausted. Frustrated  laborers  often  went  on  strike  anyway,  protesting  credibly  that 
they  were  not  paid  a  living  wage. 

Tliere  were  13  major  strikes  by  both  union  and  nonunion  labor,  including  univer- 
sity staff,  railway  and  medical  workers,  and  sugar  cane  harvesters.  There  were  also 
a  number  of  shorter  informal  strikes  by  employees  in  particular  localities  or  institu- 
tions, such  as  health  workers  or  teachers,  largely  over  unpaid  salary;  these  actions 
usually  were  resolved  quickly  by  payment  of  back  wages.  The  Government  respected 
the  rights  of  striking  workers  once  strikes  began,  but  government  officials  tnreat- 
ened  strikers  at  critical  institutions,  such  as  hospitals,  with  loss  of  their  jobs.  The 

Solice  officer  arrested  in  1995  for  killing  a  striker  at  the  Lugazi  Sugar  Corporation 
ied  while  the  case  was  pending.  The  case  of  three  union  leaders  of  the  Ugandan 
Medical  Workers  Association  arrested  in  1995  was  dismissed  by  a  Kampala  court 
in  January  for  failure  to  prosecute. 

Labor  unions  freely  exercised  the  right  to  affiliate  with  and  participate  in  regional 
and  international  labor  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  the  right 
to  organize  and  bargain  collectively,  specifying  that  a  workplace  may  be  unionized 
if  a  majority  of  the  employees  supports  doing  so.  True  collective  bargaining,  how- 
ever, takes  place  only  in  the  small  private  sector  of  the  modern  economy.  In  the 
modem  sector,  the  Government  is  by  far  the  largest  employer  (civil  service  and 
state-owned  enterprises)  and  it  dominates  the  bargaining  process.  The  Government 
has,  however,  adopted  a  tripartite  (government-eniployers-labor)  cooperative  ap- 
proach to  setting  wages  and  resolving  labor  issues.  Both  the  Government  and  em- 
ployers may  reier  disputes  to  the  Industrial  Court.  The  law  does  not  prohibit 
antiunion  discrimination  by  employers,  and  there  were  no  reported  incidents  of  gov- 
ernment harassment  of  union  olficials. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  bonded 
labor,  including  forced  or  bonded  labor  by  children,  but  a  lack  of  resources  prevented 
the  Government  from  enforcing  this  prohibition  eftectively.  However,  there  is  strong 
evidence  that  prison  ofTicials  hired  out  prisoners  to  work  on  private  farms  and  con- 
struction sites,  where  they  were  reportedly  often  overworked.  Throughout  the  coun- 
try, prison  ofiicials  routinely  augmented  their  meager  pay  with  crops  grown  by  pris- 
oners on  the  prison  grounds.  Male  prisoners  performea  arduous  physical  labor  while 
female  prisoners  produced  marketable  hanaicrafts  such  as  woven  basketry.  Com- 
pensation, when  paid,  was  generally  very  low,  although  the  law  demands  that  pre- 
trial detainees  must  receive  back  pay  for  all  work  that  they  have  performed,  once 
they  are  released.  The  Government  in  January  provided  its  1995  report  on  the 
International  Labor  Organization  (ILO)  Convention  on  Forced  Labor;  ILO  had  cited 
the  Government  for  its  failure  to  report  in  1995  and  1996. 

The  LRA  abducted  numerous  children  and  terrorized  them  into  virtual  slavery  as 
guards,  soldiers  and  concubines  (see  Sections  l.b.  and  l.g.). 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  forced  and  bonded  labor  by  children,  but  a  lack  of  resources  prevented  the 
Government  from  enforcing  this  prohibition  efTectively  (see  Section  6.c.).  Employers 
are  prohibited  by  law  from  hiring  workers  below  the  age  of  18,  but  child  labor  is 
widespread.  The  Ministry  of  Social  Services  is  charged  with  enforcing  the  law  on 
child  labor,  but  it  has  few  resources  to  do  so.  Part  of  the  problem  is  demographic, 
as  half  the  population  is  under  18  years  of  age.  School  fees  nave  made  it  impossible 
for  many  parents — particularly  poor  farmers,  the  majority  of  the  population — to  pro- 
vide their  children  with  an  education.  As  a  result,  there  is  an  incentive  to  leave 
school  and  go  into  agricultural  or  domestic  work  in  order  to  help  meet  expenses  or 
perform  the  work  of  absent  or  infirm  parents,  a  common  situation  throughout  the 
country.  About  55  percent  of  school-age  children  are  in  school. 

Most  working  children  are  employed  in  the  informal  sector,  often  on  the  subsist- 
ence farms  of  extended  family  members  or  as  domestic  servants.  In  urban  areas, 
children  peddle  small  items  on  the  streets,  are  involved  in  commercial  sex,  or  beg 
for  money.  Some  of  the  largest  sectors  also  employ  child  labor.  Although  most  tea 
harvesting  is  done  by  adults,  some  children  are  also  employed. 

Smuggling,  one  of  the  nation's  larger  informal  industries,  illegally  employs  large 
numbers  of  child  laborers  at  the  borders  with  Kenya  and  Tanzania.  Children  walk 
back  and  forth  across  the  unguarded  borders  transporting  small  amounts  of  coffee, 
fuel,  sugar,  or  other  commodities. 

e.  Acceptable  Conditions  of  Work.— The  Government  does  not  set  a  minimum 
wage,  although  a  Minimum  Wages  Board  appointed  in  1995  submitted  recommenda- 


376 

tions  on  this  issue  to  the  Cabinet.  Wages  continued  to  be  determined  through  nego- 
tiation between  individuals  and  their  employers,  unions  and  proprietors,  or  through 
negotiation  within  the  boards  of  directors  at  state-owned  industries.  Salaries  are 
usually  augmented  by  other  incentives  such  as  housing  and  transport  allowances, 
which  often  equal  base  wages.  The  Ministry  of  Labor's  salary  scale  for  civil  servants 
starts  with  unskilled  labor  at  $50  (51,133  shillings)  per  month,  up  to  supervisors 
at  $400  (414,738  shillings)  per  month,  plus  modest  increases  for  years  worked.  AH 
include  provisions  for  paid  overtime.  The  higher  end  of  this  scale  would  provide 
minimal  support  for  a  worker  and  family,  but  most  civil  servants  have  great  dif- 
ficulty earning  enough  money  to  pay  their  children's  school  costs.  Many  civil  serv- 
ants and  their  dependents  work  in  second  jobs,  grow  their  own  food,  or  seek  other 
ways  to  feed  themselves. 

ia  industries  that  employ  workers  on  an  hourly  basis,  the  normal  workweek  was 
40  hours.  Although  there  was  no  legal  maximum  workweek,  a  time-and-a-half  rate 
was  paid  for  each  additional  hour  worked.  Many  industries  pay  workers  by  piece- 
work, which  avoids  overtime  and  circumvents  the  prohibition  on  child  labor. 

The  condition  of  employee  housing  on  the  tea  and  sugar  plantations,  at  the  major 
state-owned  corporations,  and  within  military  and  police  barracks,  was  substandard. 
Sanitation  and  water  facilities  are  often  lacking. 

Building  codes  are  often  unenforced.  Some  structures  have  tripled  in  height  above 
the  original  foundations,  leading  local  engineers  to  express  reservations  about  the 
structural  integrity  of  these  workplaces.  Factories  are  generally  sound,  but  machin- 
ery almost  always  lacks  safeguards. 

Vestiges  of  occupational  health  and  safety  legislation  are  contained  in  the  Out- 
dated Factories  Act  of  1954,  the  Workmen's  Compensation  Act  of  1964,  and  the  Em- 
ployment Decree  of  1975.  None  of  these  acts  addresses  present-day  working  haz- 
ards. The  acts  do  not  protect  workers  who  refuse  to  perform  dangerous  work  from 
being  fired  although  strong  unions  in  certain  dangerous  industries  do  protect  such 
workers.  The  Ministry  of  Labor's  Department  of  Occupational  Health  is  responsible 
for  enforcement  of  the  limited  occupational  safety  regulations,  but  in  practice  inspec- 
tions are  rare,  due  primarily  to  the  inspectors'  lack  of  vehicles  and  funding  for  in- 
spection trips.  Under  the  law,  the  maximum  award  payable  in  workers'  compensa- 
tion to  a  disabled  employee,  or  to  the  estate  of  employees  killed  on  the  job,  is  $38. 
Ministry  of  Labor  officials  recognized  the  inadequacy  of  this  amount  and  at  year's 
end  were  working  on  remedial  efforts,  including  new  legislation. 


ZAMBIA 

Zambia  is  a  republic  governed  by  a  president,  a  unicameral  national  assembly, 
and  a  constitutionally  independent  judiciary.  After  two  decades  of  one-party  rule, 
free  and  fair  multiparty  elections  in  November  1991  resulted  in  the  victory  of  the 
Movement  for  Multiparty  Democracy  (MMD)  and  the  election  of  President  Frederick 
J.T.  Chiluba,  a  former  trade  unionist.  In  the  November  1996  elections.  President 
Chiluba  was  reelected,  and  his  party  won  131  of  150  seats  in  the  National  Assem- 
bly. Constitutional  amendments  enacted  in  May  1996  had  disqualified  former  Presi- 
dent Kenneth  Kaunda,  the  main  opposition  leader,  from  seeking  the  presidency.  The 
MDD's  use  of  government  resources,  including  the  state-owned  media,  put  the  fair- 
ness of  the  elections  into  question,  although,  despite  some  voting  irregularities, 
there  was  no  evidence  of  substantial  or  widespread  vote-rigging  or  vote-counting 
fraud.  The  (jovemment  generally  respected  the  independence  of  the  judiciary. 

Early  in  the  morning  of  October  28,  an  army  captain  took  control  of  the  national 
radio  station  and  announced  a  coup.  By  10  a.m.,  government  troops  had  regained 
control  of  the  facilities,  the  captain  and  his  allies  were  arrested,  and  the  coup  at- 
tempt was  over.  Several  days  later,  the  President  proposed  and  Parliament  ap- 
proved legislation  establishing  a  90-day  State  of  Emergency,  which  was  scheduled 
to  end  in  February  1998,  if  not  extended.  The  State  of  Emergency  allowed  the  Gov- 
ernment to  detain  suspects  for  28  days  without  charge.  By  year's  end,  the  Govern- 
ment had  detained  86  persons,  including  former  President  Kenneth  Kaunda. 

TTie  police,  divided  into  regular  and  paramilitary  units  operating  under  the  Min- 
istry of  Home  AfTairs,  have  primary  responsibility  for  maintaining  law  and  order. 
They  are  highly  politicized.  The  Zambia  Intelligence  Security  Service,  under  the  of- 
fice of  the  President,  is  responsible  for  intelligence  and  internal  security.  Police  con- 
tinued to  commit  numerous,  and  at  times  serious,  human  rights  abuses. 

Throughout  the  year,  the  Government  continued  its  free  market  economic  reform 
program,  halving  the  inflation  rate,  maintaining  the  budget  under  control,  and 
pressing  forwara  with  the  privatization  of  parastatal  companies.  The  revenue  au- 


377 

thority  contributed  to  the  good  budgetary  results  through  increased  collections,  de- 
spite cutting  tax  rates  at  midyear.  Erratic  rainfall  and  delayed  delivery  of  fertilizer 
contributed  to  a  below  average  1996-97  maize  crop,  the  staple  food  of  most  citizens. 
Agreement  in  principle  was  reached  with  international  mining  companies  to  pri- 
vatize the  major  elements  of  the  copper  industry,  a  move  to  stem  generally  declining 
production  and  continued  losses.  Nonmetals  exports  continued  growing  strongly,  in- 
creasing diversification  and  jobs  and  making  up  for  reduced  foreign  exchange  earn- 
ings from  copp)er. 

The  Government  took  steps  to  address  some  human  rights  problems,  but  serious 
abuses  continued  in  several  areas.  The  police  committed  extrajudicial  killings  and 
beat  and  otherwise  abused  criminal  suspects  and  detainees.  Harsh  prison  conditions 
deteriorated  further,  posing  an  increased  threat  to  the  health  and  lives  of  inmates. 
Arbitrary  arrests,  prolonged  detention,  and  long  delays  in  trials  remain  problems. 
Police  infringed  on  citizens'  privacy  rights.  Police  authorities  continued  steps  to  ad- 
dress police  orutality,  including  community-based  policing  methods,  human  rights 
training  in  the  curriculum  of  the  police  training  college,  and  human  rights  seminars 
for  miolevel  and  senior  officers.  However,  a  lack  of  professionalism  and  discipline 
in  the  police  force  remains  a  serious  problem. 

The  Government  persisted  in  attempts  to  limit  freedom  of  the  press  and  continued 
to  control  two  of  the  country's  three  daily  newspapers,  contrary  to  its  1991  promises 
to  privatize  government-owned  mass  media.  The  Government  restricted  citizens' 
right  of  peaceful  assembly  and  association.  Citizens'  right  to  change  their  govern- 
ment also  was  restricted  in  1996.  In  May  the  Government  established  the  autono- 
mous Zambian  Human  Rights  Commission  (ZHRC).  Despite  initial  doubts  about  its 
effectiveness,  the  Commission  obtained  access  to  the  coup  detainees  and  exposed  the 
fact  that  seven  of  them  were  tortured. 

The  Commission  also  took  effective  steps  to  press  the  Government  to  release  a 
number  of  prisoners.  Women  continued  to  experience  discrimination  in  both  law  and 
fact.  Wife  beating,  rape,  and  denial  of  widows'  inheritance  rights  remained  wide- 
spread. Discrimination  against  people  with  disabilities  is  a  problem.  Child  labor  ex- 
ists in  rural  subsistence  occupations  and  in  some  urban  occupations. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings  during  the  year,  but  police  continued  to  use  excessive  force  that  at  times 
resulted  in  extrajudicial  killings.  According  to  police  spokesmen,  one  suspect  died 
in  jail  when  officers  failed  to  provide  necessary  medical  attention,  and  there  may 
have  been  other  deaths. 

In  December  1995,  army  recruits  near  Kapiri  Mposhi  went  on  a  rampage  in  retal- 
iation for  the  death  of  a  comrade  at  the  hands  of  local  villagers.  The  rampaging 
army  recruits  destroyed  an  estimated  100  village  houses  and  killed  two  villagers. 
After  2  years,  no  disciplinary  action  has  been  reported. 

There  were  many  deaths  of  inmates  due  to  harsh  prison  conditions  (see  Section 
I.e.). 

b.  Disappearance. — Press  accounts  report  that  in  May  former  Rwandan  I^gal  Af- 
fairs Minister  Agnes  Ntangibyaliro  Rutugwera,  who  was  living  in  the  copperbelt, 
was  abducted  by  unknown  persons  believed  to  be  Rwandan  state  security  agents. 
Her  whereabouts  are  unknown.  Immigration  authorities  denied  involvement. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  the  1991  Constitution  prohibits  torture,  police  regularly  used  excessive 
force  when  apprehending,  interrogating,  and  detaining  criminal  suspects  or  illegal 
aliens.  In  most  such  instances,  detaining  officers  beat  suspects.  In  March  police  at 
the  Chawama  station  severely  beat  a  suspect,  denied  him  necessary  medical  atten- 
tion, and  then  released  him  without  charges.  In  May  police  crushed  the  testicle  of 
a  detainee.  No  officers  have  been  disciplined  or  arrested  for  these  acts. 

The  ZHRC  confirmed  that  police  tortured  seven  of  the  persons  detained  after  the 
October  coup  attempt.  There  were  reports  that  state  agents  tortured  two  of  the 
seven  in  order  to  make  them  falsely  implicate  former  President  Kaunda  and  other 
politicians  in  the  coup  attempt.  There  were  also  no  reports  of  any  government  inves- 
tigation of  the  torture  of  the  coup  detainees. 

On  August  23,  police  fired  on  an  opposition  party  vehicle,  slightly  wounding 
former  President  Kenneth  Kaunda  and  seriously  wounding  opposition  leader  Dr. 
Rodger  Chongwe.  Calls  for  an  independent  international  inquiry  were  dismissed. 
The  police  force  promised  to  undertake  its  own  investigation.  The  ZHRC  was  also 
investigating  the  Kabwe  shooting.  No  results  of  the  investigations  have  been  an- 
nounced. 


378 

Throughout  the  year,  government  officials,  nongovernmental  organizations 
(NGO's),  and  the  press  closely  scrutinized  police  involvement  in  human  rights 
abuses,  criminal  activity,  and  corruption.  Inspector  General  of  Police  Francis 
Ndhlovu  continued  to  exercise  his  mandate  to  reform  the  force.  Ndhlovu  has  insti- 
tuted a  variety  of  measures  designed  to  restore  discipline  and  professionalism,  in- 
cluding police  training  in  respect  for  human  rights.  The  effectiveness  of  such  reform 
efforts  was  called  into  question  during  public  disturbances  in  Lusaka's  main  com- 
mercial area  in  August  when  police  used  excessive  force  to  disperse  street  vendors 
and  later  attacked  vendors  and  opposition  party  members  on  Cairo  Road.  Ndlovu's 
admission  in  open  court  in  1996  tnat  he  had  illegally  wiretapped  The  Post  news- 
paper's telephone  lines  also  raised  questions  about  his  commitment  to  protect 
human  rights. 

Police  corruption  is  also  a  problem.  Police  often  detain  citizens  in  private  debt  dis- 
putes in  exchange  for  a  portion  of  the  payment  owed  (see  Section  l.d.).  Police  some- 
times committed  extortion  at  roadblocks  (see  Section  2.d.). 

The  police  undertook  investigations  of  instances  of  police  use  of  excessive  force, 
disciplining  officers  who  committed  human  rights  abuses.  Middle-ranking  and  senior 
police  officers  were  enrolled  in  human  rights  training  seminars  at  the  police  acad- 
emy. According  to  statistics  provided  by  the  police  command,  at  least  8  police  offi- 
cers were  the  subjects  of  internal  investigations  or  prosecutions.  Authorities  ar- 
rested some  police  officers  on  such  criminal  charges  as  robbery  and  possession  of 
illegal  narcotics. 

An  earlier  human  rights  commission,  chaired  by  prominent  attorney  Bruce 
Munyama,  aggressively  examined  police  human  rights  abuses  in  public  hearings 
held  throughout  1995.  In  September  1995,  the  commission  submitted  its  final  report 
to  the  President,  including  recommendations  to  improve  the  human  rights  perform- 
ance of  the  police.  The  Government  released  the  report  to  the  public  in  September 
1996. 

At  year's  end,  the  Government  had  not  disciplined  or  prosecuted  any  of  the  indi- 
viduals allegedly  involved  in  the  torture  of  persons  detained  in  connection  with  the 
1993  State  of  Emergency. 

Prison  conditions  are  harsh  and  continued  to  deteriorate,  posing  an  increased 
threat  to  prisoners'  lives.  According  to  official  statistics,  prisons  designed  to  hold 
6,0(X)  prisoners  held  over  12,000.  This  severe  overcrowding,  combined  with  poor 
sanitation,  inadequate  medical  facilities,  meager  food  supplies,  and  lack  of  pxjtable 
water  resulted  in  serious  outbreaks  of  dysentery  and  other  diseases,  including  tu- 
berculosis, at  various  prisons  throughout  the  year.  In  a  report  submitted  to  Par- 
liament in  1996,  the  Director  of  Prisons  said  that  975  prisoners  had  died  in  prison 
between  January  1991  and  December  1995,  due  to  illness  and  harsh  conditions.  The 
death  rate  of  prison  inmates  remained  about  the  same  in  1997. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Government  permits  prison  visits  by 
both  domestic  and  international  human  rights  monitors. 

Arbitrary  arrest  and  detention  are  still  problems.  Criminal  suspects  are  often  ar- 
rested on  the  basis  of  fiimsy  evidence  or  an  uncorroborated  accusation.  In  criminal 
cases,  the  law  requires  that  a  detainee  be  charged  and  brought  before  a  magistrate 
within  24  hours.  Attorneys  and  family  members  are  allowed  access  to  pretrial  de- 
tainees. In  practice,  the  authorities  hold  most  detainees  for  more  than  1  month  from 
commission  of  an  offense  to  first  appearance  before  a  magistrate.  In  many  cases,  an 
additional  period  of  6  months  elapses  before  the  magistrate  commits  the  defendant 
to  the  High  Court  for  trial.  Following  committal,  preparation  of  the  magistrate  court 
record  for  transmittal  to  the  High  Court  takes  months — in  some  cases  as  long  as 
a  year.  Once  a  case  reaches  the  High  Court  for  trial,  court  proceedings  last  an  aver- 
age of  6  months. 

Detention  is  often  prolonged.  Approximately  2,000  of  the  12,000  prisoners  are 
awaiting  trial  on  criminal  charges.  In  some  cases,  defendants  have  been  awaiting 
trial  for  as  long  as  4  years.  There  was  some  progress  in  holding  trials;  in  past  years 
some  defendants  had  waited  as  long  as  10  years  for  their  trials.  These  long  delays 
are  the  result  of  inadequate  resources,  inefliciency,  lack  of  trained  personnel,  and 
broad  rules  of  procedure  that  give  wide  latitude  to  prosecutors  and  defense  attor- 
neys to  request  adjournments.  In  1996  the  High  Court  Commissioner  began  releas- 
ing detainees  if  police  failed  to  bring  the  case  to  trial. 

Although  there  is  a  functioning  bail  system,  overcrowded  prisons  refiect  the  large 
number  of  detainees  who  have  committed  serious  offenses  for  which  bail  is  not 
granted.  These  include  treason,  murder,  aggravated  robbery,  and  violations  of  the 
narcotics  laws.  Also,  indigent  detainees  rarely  have  the  means  to  post  bail.  The  gov- 
ernment legal  aid  ofTice  is  responsible  for  providing  legal  representation  for  indigent 
detainees  and  defendants  in  criminal  or  civil  cases.  In  practice,  few  receive  assist- 


379 

ance.  In  1997  the  office  had  14  attorneys  to  cover  the  entire  country  and  a  budget 
of  $110,000. 

Police  stations  frequently  become  "debt  collection  centers,"  where  police  officers, 
acting  upon  unofficial  complaints,  detain  debtors  without  charge  indefinitely  until 
they  pay  the  complainants.  In  return,  the  police  receive  a  percentage  of  payments. 
The  authorities  held  approximately  500  foreigners,  principally  from  neighboring 
countries.  At  times,  these  detentions  last  months  or  years  (see  Section  2.d.). 

The  State  of  Emergency  imposed  in  October  allowed  the  Government  to  detain 
suspects  for  28  days  without  charge.  As  of  year's  end,  the  Government  had  detained 
86  persons.  On  Christmas  day,  the  Government  detained  former  President  Kenneth 
Kaunda  on  suspicion  that  he  was  involved  in  the  coup.  (Kaunda  had  been  out  of 
the  country  since  shortly  before  the  coup,  returning  to  Zambia  on  December  21.)  He 
was  moved  from  prison  to  house  arrest  on  December  31.  At  year's  end,  the  Govern- 
ment held  a  number  of  political  detainees,  including  ZDC  President  Dean 
Mung'omba  and  UNIP  President  Kaunda.  They  have  not  been  charged,  but  the  in- 
vestigations continued.  The  Government  must  release  them  or  present  formal  crimi- 
nal charges  and  bring  them  to  trial  before  the  State  of  Emergency  expires  in  Feb- 
ruary 1998  or  ask  Parliament  for  an  extension  of  the  State  of  Emergency. 

In  1996  the  Speaker  of  the  National  Assembly  ordered  the  indefinite  incarceration 
of  Post  newspaper  reporters  Fred  Mmembe,  Bright  Mwape,  and  Lucy  Sichone  for 
contempt  of  tne  House.  The  High  Court  later  quashed  the  sentences,  ruling  that  the 
Speaker  had  no  authority  over  private  citizens.  The  Government  appealed  the  case, 
seeking  to  reinstate  the  detentions  of  the  three  reporters.  The  case  was  pending  at 
year's  end. 

The  Government  does  not  use  exile  for  political  purposes.  However,  it  has  used 
deportation  and  the  threat  of  deportation  for  political  purposes  against  persons 
whose  claims  to  Zambian  citizenship  it  had  refused  to  recognize. 

e.  Denial  of  Fair  Public  Trial. — The  Government  generally  respected  the  inde- 
pendence of  the  judiciary  during  the  year.  In  April  1996,  the  Government  introduced 
constitutional  amendments  that  would  have  virtually  eliminated  the  independence 
of  the  high  courts  and  the  Supreme  Court.  The  amendments  would  have  granted 
the  President  the  power  to  dismiss  judges,  subject  only  to  concurrence  by  the  Na- 
tional Assembly.  The  President  alone  would  have  been  able  to  decide  what  con- 
stituted grounds  for  dismissal.  Following  strong  public  protest,  the  Government 
withdrew  the  amendments  the  following  month. 

The  President  nominates  and  the  National  Assembly  confirms  the  Chief  Justice 
and  the  other  eight  members  of  the  Supreme  Court.  The  Court  has  appellate  juris- 
diction for  all  legal  and  constitutional  disputes.  The  High  Court,  which  holds  regular 
sessions  in  all  nine  provincial  capitals,  has  authority  to  hear  criminal  and  civil  cases 
and  appeals  from  lower  courts.  Magistrate  courts  have  original  jurisdiction  in  some 
criminal  and  civil  cases,  while  local,  or  customary,  courts  handle  most  civil  and 
petty  criminal  cases  in  rural  areas. 

Local  courts  employ  the  principles  of  customary  law,  which  vary  widely  through- 
out the  country.  Lawyers  are  barred  from  participating,  and  there  are  few  formal 
rules  of  procedure.  Presiding  judges,  who  are  usually  prominent  local  citizens,  have 
great  power  to  invoke  customary  law  in  rendering  judgments  regarding  marriages, 
divorces,  inheritances,  other  civil  proceedings,  and  minor  criminal  matters.  Judg- 
ments are  often  not  in  accordance  with  the  Penal  Code;  for  example,  they  tend  to 
discriminate  against  women  in  matters  of  inheritance  (see  Section  5). 

Trials  in  magistrate  courts  are  public,  and  defendants  have  the  opportunity  to 
confront  accusers  and  present  witnesses.  Many  defendants,  however,  are  too  poor 
to  retain  a  lawyer  and  the  poor  state  of  the  Government's  legal  aid  department 
means  that  many  citizens  entitled  to  legal  aid  find  it  is  unavailable. 

There  were  no  reports  of  political  prisoners  (see  Section  l.d.). 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  respect  for  privacy  and  the  inviolability  of  the  home;  how- 
ever, the  authorities  did  not  always  respect  these  rights  in  practice.  Except  during 
a  state  of  emergency,  the  law  requires  a  warrant  before  police  may  enter  a  home; 
police  routinely  ignored  this  requirement,  and  often  arrested  alleged  criminals  at 
their  homes  without  having  first  obtained  an  arrest  warrant.  The  Constitution 
grants  the  Drug  Enforcement  Commission  and  the  Zambian  intelligence  Security 
service  authority  to  wiretap  telephones.  In  September  1996,  the  Inspector  General 
of  Police  admitted  in  open  court  that  he  had  ordered  illegal  wiretaps  on  a  telephone 
at  the  ofTices  of  The  Post,  an  independent  daily  newspaper.  At  year's  end,  he  still 
had  not  been  charged  for  this  illegal  action. 

Roundups  of  suspected  illegal  aliens  in  the  home  or  workplace  continued.  Accord- 
ing to  the  Government  Commissioner  for  Refugees,  immigration  officials  are  empow- 
ered under  the  law  to  conduct  these  roundups  without  a  warrant. 


380 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — While  the  Constitution  provides  for  freedom  of 
expression  and  of  the  press,  the  penal  code  lists  various  prohibited  activities  that 
may  be  broadly  interpreted  so  as  to  restrict  these  freedoms.  In  response  to  headlines 
and  stories  that  alleged  corrupt  practices  on  the  part  of  government  officials,  the 
Government  or  its  appointed  officials  have  brought  numerous  libel  actions  against 
the  Post  newspaper.  At  year's  end,  over  80  cases  filed  over  the  course  of  the  last 
3  years  remained  to  be  adjudicated. 

The  law  includes  provisions  for  investigative  tribunals  to  call  as  witnesses  jour- 
nalists and  media  managers  who  print  allegations  of  parliamentary  misconduct. 
Failure  to  cooperate  with  a  tribunal  may  result  in  charges  of  contempt  punishable 
by  up  to  6  months  in  jail.  This  is  seen  by  the  media  as  a  clear  infringement  on  press 
freedom  and  a  means  for  parliamentarians  to  bypass  the  clogged  court  system  in 
dealing  with  libel  suits  against  the  media.  In  1996  the  Speaker  of  the  National  As- 
sembly ordered  the  indefinite  detention  of  three  journalists  for  contempt  of  the 
House  (see  Section  l.d.). 

In  February  the  Government  published  the  draft  of  a  media  bill  that  would  have 
limited  press  freedom  severely.  After  considerable  criticism  and  protest,  the  Govern- 
ment withdrew  the  bill.  Partly  in  an  efTort  to  forestall  any  future  government  at- 
tempts to  regulate  the  media,  the  Zambia  Independent  M^dia  Association  (ZIMA) 
formed  its  own  media  council  to  establish  ethical  standards  and  handle  complaints. 

A  number  of  independent  newspapers  question  government  actions  and  policies 
and  circulate  without  government  interference.  For  the  last  2  years,  the  leading 
independent  daily,  The  Post,  has  had  an  Internet  home  page  that  has  attracted  over 
15,000  readers  per  month.  State  House  and  the  government-controlled  Times  of 
Zambia  and  Daily  Mail  also  have  home  pages,  established  in  April  1996. 

The  Government  owns  the  two  most  widely  circulated  newspapers,  as  well  as  the 
sole  television  station,  the  Zambia  National  Broadcast  Corporation  (ZNBC).  In  addi- 
tion to  the  government-  controlled  radio  station,  there  are  two  church  related  sta- 
tions and  one  private  commercial  station  operating  in  Zambia.  The  Government 
pressured  the  commercial  station  to  refrain  irom  carrying  the  British  Broadcasting 
Corporation  (BBC).  Multi-Choice,  based  in  South  Africa,  provides  both  Direct  Sat- 
ellite Television  and  analog  wireless  subscriber  television  service.  In  addition  to 
many  entertainment  channels,  the  DSTV  service  provides  Cable  News  Network 
(CNN),  BBC  World,  and  Sky  Television  News.  It  also  provides  three  BBC,  one  Radio 
France  International,  and  Voice  of  America  (VGA)  radio  news  broadcasts.  The  ana- 
log wireless  system  carries  BBC  world  news  and  several  entertainment  channels. 
Neither  of  the  services  provides  local  news  coverage.  The  Government  exercised  con- 
siderable influence  over  the  government-owned  media,  which  continued  to  follow  the 
government  line  on  important  issues.  A  second  wireless  television  service,  CASAT, 
began  operations  in  December. 

On  January  6,  Masautso  Phiri,  senior  editor  at  the  independent  newspaper,  the 
Post,  was  summoned  by  the  Supreme  Court  to  answer  charges  of  contempt  of  court 
relating  to  statements  he  had  made  alleging  that  each  justice  had  accepted  a 
$750,000  (1  billion  kwacha)  bribe  from  the  MMD-led  Government  to  throw  out  the 
opposition  petitions  against  Chiluba's  presidential  eligibility.  He  admitted  in  court 
that  he  had  no  proof  of  these  allegations,  and  was  subsequently  sentenced  to  3 
months  imprisonment.  Phiri  maintains  that  the  court  acted  unfairly,  noting  that 
three  of  the  justices  should  have  recused  themselves  due  to  their  personal  involve- 
ment. In  mid-April,  Health  Minister  Katele  Kalunba  banned  the  Central  Board  of 
Health  from  advertising  in  The  Post. 

In  February  editor  Lweendo  Hamusankwa  and  reporter  Boyd  Phiri  of  the  inde- 

{>endent  weekly  Chronicle  were  picked  up  by  police  and  detained  at  Woodlands  po- 
ice  station  in  connection  with  a  story  that  reported  a  break-in  at  an  army  armory. 
They  were  charged  with  "publishing  false  news  with  intent  to  cause  fear  and  alarm" 
and  criminal  libel.  The  case  remained  open,  and  no  trial  date  had  been  set  by  year's 
end.  On  February  15,  state  agents  seized  Chronicle  reporter  George  Jambwa  at  gun- 
point following  the  publication  of  a  story  that  headlined  a  presidential  aide  driving 
a  stolen  vehicle.  Jambwa  was  detained  for  10  hours  at  Lusaka  Central  prison  and 
asked  to  reveal  the  source  of  his  story.  He  then  was  released. 

In  December  1996,  police  charged  the  opposition's  legal  counsel,  Mainza  Chona, 
with  "publishing  false  news  with  intent  to  cause  alarm  among  the  public".  This  fol- 
lowed a  statement  that  Chona  made  in  the  Supreme  Court  tnat  a  suspected  bomb 
had  been  planted  at  former  president  Kaunda's  house.  The  magistrate  set  him  free 
after  finding  the  statement  to  be  privileged  information  made  in  official  court  pro- 
ceedings. Most  attorneys  believe  that  the  police  action  was  politically  motivated,  in- 
tended to  intimidate  opposition  lawyers. 


381 

All  undei^aduate  and  a  few  professional  program  classes  at  the  University  of 
Zambia  were  canceled  starting  in  November  1996  following  a  stone-throwing  inci- 
dent. Although  the  university  senate  took  this  action,  public  statements  by  the  Min- 
ister of  Education  led  most  observers  to  believe  that  it  did  so  at  the  behest  of  the 
Government.  The  motivation  for  the  closure  was  a  combination  of  political,  adminis- 
trative, and  financial  problems  at  the  university.  The  university  reopened  in  Octo- 
ber. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly,  but  the  Government  restricted  this  right  in  practice. 
The  law  requires  rally  organizers  to  notify  the  police  7  days  in  advance.  The  police 
may  advise  the  organizers  that  the  time  or  venue  is  inopportune.  In  practice,  the 
police  did  not  interfere  with  most  peaceful  rallies  whose  leaders  had  followed  the 
prior  notification  rule;  however,  authorities  often  denied  permission  to  proceed  for 
rallies  planned  by  the  political  opposition,  particularly  the  United  Independence 
Party  (tJNIP). 

The  Constitution  provides  for  freedom  of  association;  however,  on  occasions  the 
Government  has  harassed  and  arrested  NGO  leaders.  Following  their  detention  of 
several  hours  in  November  1996,  NGO  leaders  Alfred  Zulu  (ZIMT)  and  Ngande 
Mwanajet  (AFRONET)  were  released.  They  were  charged  with  receiving  financing 
from  foreign  governments  at  the  beginning  of  the  year.  There  has  been  no  further 
action  on  either  charge.  Both  remain  active  and  free  (see  Section  4). 

All  organizations  must  apply  formally  for  registration  to  the  Registrar  of  Societies. 
In  most  cases  the  authorities  routinely  approved  these  applications.  During  the 
year,  there  were  37  political  parties  in  operation  and  dozens  of  nongovernmental  or- 
ganizations. 

c.  Freedom  of  Religion. — A  1996  amendment  to  the  Constitution  declared  Zambia 
a  Christian  nation  wnile  providing  for  freedom  of  religion.  The  Government  respects 
the  rights  of  all  faiths  to  worship  freely  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  citizens  with  the  right  to  move  freely 
throughout  Zambia,  to  reside  in  any  part  of  the  country,  and  to  depart  and  return 
to  the  country  without  restriction.  The  authorities  generally  respected  these  rights 
during  the  year,  but  police  roadblocks  to  control  criminal  activity  continued,  and  po- 
lice sometimes  extorted  money  and  goods  from  motorists.  In  September  the  Minister 
of  Local  Government  forbade  the  Npezeni,  the  Chief  of  the  N'goni  (a  group  related 
to  South  Africa's  Zulus),  from  leaving  the  country  to  attend  a  meeting  of  ^ulu  and 
Zulu-related  chiefs  in  South  Africa. 

Several  days  after  UNLP  President  Kenneth  Kaunda  was  detained,  the  passports 
of  his  son  Wezi  Kaunda,  Wezi's  wife,  and  a  UNEP  Central  Committee  member  were 
confiscated  when  they  tried  to  cross  the  border  into  Zimbabwe. 

The  United  Nations  High  Commissioner  for  Refugees  (UNHCR)  estimated  that 
there  were  approximately  120,000  refugees,  mainly  Angolans,  in  Zambia  in  1997. 
The  Government  cooperated  with  the  UNHCR  in  processing  applications  for  refugee 
status. 

A  steady  trickle  of  persons  from  the  Democratic  Republic  of  the  Congo  (DROC) 
continued  to  cross  into  Zambia  during  the  year.  In  response  to  alleged  criminal  ac- 
tivities of  many  Congolese  in  the  border  region,  the  Government  rounded  up,  ar- 
rested, and  deported  many  Congolese  and  other  illegal  aliens  throughout  the  year. 
The  deportation  of  illegal  aliens  is  lawful,  but  those  who  had  been  accorded  refugee 
status  by  the  UNHCR  were  sometimes  picked  up  and  held  for  varying  lengths  of 
time  before  being  released.  In  several  cases,  the  Government  deported  refugees  who 
were  registered  with  the  UNHCR. 

The  authorities  held  a  number  of  foreigners  who  were  not  registered  with  the 
UNHCR  as  illegal  aliens  (principally  from  neighboring  countries)  until  they  could 
be  deported.  They  also  held  approximately  500  former  Zairian  soldiers,  who  are  reg- 
istered with  the  UNHCR,  in  a  camp  in  Northern  province. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  voted  in  multiparty  elections  in  November  1996;  however,  constitutional 
amendments  barred  the  best  known  opposition  candidate,  former  president  and 
UNEP  leader  Kenneth  Kuanda  and  his  deputy,  senior  chief  Inyambo  Yeta,  from  run- 
ning for  the  presidency  in  1996,  thereby  restricting  the  right  of  citizens  to  change 
their  government.  The  amendments  accepted  in  1996  require  both  parents  of  presi- 
dential candidates  to  be  Zambian  citizens  by  birth  and  disqualify  tribal  chiefs  from 
running  for  the  presidency. 

Eleven  political  parties  contested  presidential  and  national  assembly  elections  in 
1996.  Approximately  50  percent  of  eligible  voters  registered.  Of  these  almost  70  per- 


382 

cent  cast  ballots.  While  the  MMD's  use  of  government  resources — including  the 
state-owned  media  during  campaigns — probably  did  not  affect  the  final  outcomes, 
their  fairness  was  put  into  question.  The  Government's  failure  to  implement  a 
transparent  registration  project  raised  doubts  about  the  Government's  willingness 
to  have  an  open  electoral  process. 

Local  elections,  originally  scheduled  for  1995,  had  still  not  taken  place  by  year's 
end. 

Under  the  Constitution,  the  President  wields  broad  authority.  Although  the  Na- 
tional Assembly  ratifies  major  appointments  and  has  other  powers,  in  practice  it 
continued  to  provide  only  a  limited  check  on  executive  authority. 

The  number  of  women  in  politics  and  government  is  increasing,  but  remains 
small.  There  are  13  women  in  Parliament  (1  minister,  and  2  deputy  ministers)  and 
3  Asians  (1  minister).  There  is  also  one  mixed-race  (African-European)  minister. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Human  rights  and  civic  organizations  generally  operated  without  serious  govern- 
ment hindrance;  however,  police  arrested  the  leaders  of  the  Zambian  Independent 
Monitoring  Team  (ZIMT)  and  the  Committee  for  a  Clean  Campaign  (CCC)  in  No- 
vember 1996  after  the  two  orcanizations  described  the  1996  electoral  process  as  nei- 
ther free  nor  fair.  Although  these  detentions  were  brief,  the  ZIMT,  the  CCC,  the  Af- 
rican Human  Rights  Network  (AFRONET),  and  the  Foundation  for  Electoral  Proc- 
esses have  claimed  that  official  harassment,  including  the  blocking  of  their  bank  ac- 
counts, has  continued.  Other  human  rights  organizations  in  Zambia  include  the  Law 
Association  of  Zambia,  Women  for  Change,  the  Catholic  Commission  for  Justice  and 
Peace,  and  the  Zambia  Civic  Education  Association. 

In  May  the  Government  established  an  autonomous  Human  Rights  Commission. 
A  Supreme  Court  justice  chairs  the  Commission;  other  members  are  drawn  from 
throughout  society  and  include  the  former  head  of  the  Foundation  for  Democratic 
processes  (FODEP)  and  a  University  of  Zambia  lecturer  on  human  rights.  The  Com- 
mission interceded  on  behalf  of  persons  who  it  concluded  had  their  rights  denied  by 
the  Government.  While  there  were  doubts,  at  first,  about  its  autonomy  and  elTective- 
ness,  the  Commission  aggressively  sought  and  received  access  to  the  coup  detainees, 
exposed  the  torture  of  seven  of  them,  and  demanded  and  obtained  better  medical 
care  for  them.  The  Commission  spoke  out  on  behalf  of  detainees  and  prisoners,  and 
the  Government  responded.  At  year's  end,  a  number  of  seriously  ill  prisoners  were 
released  at  the  Commission's  request. 

The  Government  continued  to  be  receptive  to  criticism  from  human  rights  and 
civic  organizations  in  general,  but  on  occasion,  government  officials  accused  human 
rights  monitors  of  abetting  crime  and  thwarting  the  work  of  the  police  through  their 
focus  on  the  victims  of  police  brutality.  The  Gfovemment  did  not  interfere  with  in- 
quiries or  visits  by  international  human  rights  oreanizations. 

The  Government  continued  to  cooperate  with  the  International  Criminal  Tribunal 
(ICTR)  for  Rwanda  in  detaining  and  sending  to  Arusha  those  persons  whom  the 
ICTR  identified  as  suspected  war  criminals. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  tribe,  sex,  place  of  origin, 
marital  status,  political  opinion,  color,  or  creed.  Constitutional  amendments  barring 
native-born  Zambians  of  partial  or  full  foreign  ancestry  from  the  presidency  appear 
to  violate  the  prohibition  on  discrimination  cased  on  place  of  origin.  These  amend- 
ments also  pronibit  traditional  chiefs,  who  are  accorded  authority  and  privileges  as 
chiefs,  from  running  for  political  office  unless  they  resign  their  chieftainships.  A 
legal  challenge  to  these  amendments  was  unsuccessful. 

Women. — Violence  against  women  remained  a  serious  problem.  Wife  beating  and 
rape  were  widespread.  According  to  official  statistics,  over  4,000  rape  cases  were  re- 
ported to  the  police  between  1991  and  1997.  Of  these,  approximately  30  percent  re- 
sulted in  conviction  and  5  percent  in  acquittal.  The  remainder  were  either  dismissed 
or  remain  unresolved.  Defendants  convicted  of  rape  normally  were  sentenced  to 
hard  labor.  Since  many  rapes  are  not  reported  to  police,  the  actual  number  is  con- 
sidered much  higher.  Domestic  assault  is  a  criminal  offense,  but  in  practice  police 
are  often  reluctant  to  pursue  reports  of  wife  beating,  preferring  to  broker  a  reconcili- 
ation. The  Government  and  nongovernmental  organizations  expressed  increasing 
concern  about  violence  against  women,  and  the  media  devoted  considerable  publicity 
to  it  during  the  year. 

Both  the  Constitution  and  law  entitle  women  to  full  equality  with  men  in  most 
areas.  In  practice,  women  are  severely  disadvantaged  compared  with  men  in  formal 


383 

employment  and  education.  Married  women  who  are  employed  often  suffer  from  dis- 
criminatory conditions  of  service.  For  example,  women  have  little  independent  ac- 
cess to  credit  facilities;  in  most  cases,  they  remain  dependent  on  their  husbands, 
who  are  required  to  sign  for  loans.  As  a  result,  few  women  own  their  own  homes. 
Customary  law  and  practice  also  place  women  in  subordinate  status  with  respect 
to  property,  inheritance,  and  marriage,  despite  various  constitutional  and  legislative 

firovisions.  Polygamy  is  permitted  i?  the  first  wife  agrees  to  it  at  the  time  of  the 
irst  wedding.  Under  traditional  customs  prevalent  in  most  ethnic  groups,  all  rights 
to  inherit  property  rest  with  the  deceased  man's  family.  The  1989  Intestate  Succes- 
sion Act  was  designed  to  provide  women  with  a  share  of  the  joint  estate.  Under  the 
act,  the  children  of  a  deceased  man  equally  share  50  percent;  the  widow  receives 
20  percent;  the  parents,  20  percent;  and  relatives,  10  percent.  A  1996  "reform"  of 
the  act  places  the  widow's  share  at  20  percent  to  bo  divided  equally  with  any  other 
women  who  can  prove  a  marital  relation  with  the  deceased  man,  thus  granting  in- 
heritance rights  to  other  wives,  mistresses,  and  concubines. 

In  practice,  "property  grabbing"  by  the  relatives  of  the  deceased  man  continues 
to  be  rampant,  particularly  when  local  customary  courts  have  jurisdiction.  These 
courts  often  use  a  different  law,  the  Local  Courts  Act,  to  distribute  inheritances 
without  reference  to  the  percentages  mandated  in  the  Succession  Act.  As  a  result, 
many  widows  receive  little  or  nothing  from  the  estate.  Fines  for  property  grabbing 
mandated  by  the  Intestate  Succession  Act  are  extraordinarily  low. 

Children. — The  Government  seeks  to  improve  the  welfare  of  children,  but  scarce 
resources  and  ineffective  implementation  of  social  programs  adversely  affected  the 
welfare  of  children.  Due  to  harsh  economic  conditions,  both  rural  and  urban  children 
often  must  work  in  the  informal  sector  to  help  families  make  ends  meet  (see  section 
6.d.). 

There  was  no  societal  pattern  of  abuse  against  children. 

People  With  Disabilities. — Persons  with  disabilities  face  significant  societal  dis- 
crimination in  employment  and  education.  The  Government  has  taken  steps  to  ame- 
liorate their  hardships,  including  establishing  a  national  trust  fund  to  provide  loans 
to  the  disabled  to  help  them  start  businesses,  but  its  efTorts  are  limited  by  scarce 
resources.  The  Government  has  not  legislated  or  otherwise  mandated  accessibility 
to  public  buildings  and  services  for  the  disabled. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  of  citizens 
to  form  trade  unions,  and  approximately  60  percent  of  the  300,000  formal  sector 
workers  are  unionized.  Fourteen  of  the  country  s  19  large  national  unions,  organized 
by  industry  or  profession,  are  affiliated  with  the  Zambia  Congress  of  Trade  Unions 
(ZCTU).  The  ZCTU  is  democratically  operated  and,  like  its  constituent  unions,  is 
independent  of  any  political  party  and  the  Government.  The  Mine  Workers  Union 
of  Zambia  and  four  other  ZCTU  constituent  unions  broke  from  ZCTU  and  have  es- 
tablished a  rival  umbrella  organization. 

The  1993  Industrial  and  Labor  Relations  Act  (ILRA)  reestablished  the  "one  indus- 
try, one  union"  principle.  The  Bankers  Union  of  Zambia  was  duly  registered  with 
the  Government  in  1993  but  has  been  unable  to  operate  because  the  employers  rec- 
ognize the  existing  Zambia  Union  of  Financial  and  Allied  Workers.  In  November 
1993,  the  Ndola  High  Court  ordered  the  Government  to  register  the  Secondary 
School  Teachers  Union  of  Zambia.  The  Government  continues  to  argue  that  the 
Zambia  National  Union  of  Teachers  represents  secondary  school  teachers  and  has 
administratively  delayed  recognition  of  the  new  secondary  teachers  union. 

All  workers  have  the  right  to  strike,  except  those  engaged  in  essential  services, 
the  Zambia  Defense  Force,  the  judiciary,  the  police,  the  prison  service,  and  the  In- 
telligence Security  Service.  The  ILRA  defines  essential  services  as  power,  medical, 
water,  sewerage,  firefighting,  and  certain  mining  occupations  essential  to  safety.  It 
permits  strikes  only  alter  all  other  legal  recourse  has  oeen  exhausted,  and  in  prac- 
tice all  work  stoppages  during  the  year  were  illegal.  The  ILRA  prohibits  employers 
from  retribution  against  employees  engaged  in  legal  trade  union  activities.  Workers 
engaged  in  illegal  strikes  do  not  enjoy  this  protection. 

By  a  majority  vote  of  its  members,  a  union  may  decide  on  affiliation  with  the 
ZCTU  or  with  trade  unions  or  organizations  outside  Zambia.  The  ZCTU  is  a  member 
of  the  International  Confederation  of  Free  Trade  Unions.  Labor  leaders  travel  with- 
out restriction  to  international  conferences  and  to  visit  counterparts  abroad. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  ILRA  provides  for  the 
right  to  organize  and  bargain  collectively.  Employers  and  unions  in  each  industry 
negotiate  collective  bargaining  agreements  through  joint  councils  in  which  there  is 
no  government  involvement.  Civil  servants  and  teachers,  as  public  officials,  nego- 
tiate directly  with  the  Government.  Collective  disputes  are  first  referred  to  a  concil- 


384 

iator  or  a  board  of  conciliation.  If  conciliation  fails  to  resolve  the  dispute,  the  parties 
may  refer  the  case  to  the  Industrial  Relations  Court  or,  in  the  case  of  employees, 
vote  to  strike.  In  practice,  the  industry  joint  councils  function  effectively  as  collec- 
tive bargaining  units. 

The  ILRA  prohibits  antiunion  discrimination  by  employers  against  union  mem- 
bers and  organizers.  An  employee  who  believes  that  he  nas  been  penalized  for  union 
activities  may,  after  exhausting  any  existing  administrative  channels  for  relief,  file 
a  complaint  with  the  Industrial  Relations  Court.  This  Court  has  the  power  to  order 
appropriate  redress  for  the  aggrieved  worker.  The  complainant  may  appeal  a  judg- 
ment of  the  Industrial  Relations  Court  to  the  Supreme  Court.  In  practice,  the  Court 
often  orders  employers  to  reinstate  workers  found  to  have  been  the  victims  of  dis- 
crimination. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  prohibits  slavery 
and  involuntary  servitude,  but  it  authorizes  the  Government  to  call  upon  citizens 
to  perform  labor  in  specific  instances,  for  example,  during  national  emergencies  or 
disasters.  Moreover,  the  Government  can  require  citizens  to  perform  labor  that  is 
associated  with  traditional  civic  or  communal  obligations,  as  when  all  members  of 
a  village  are  called  upon  to  assist  in  preparing  for  a  visit  by  a  traditional  leader 
or  other  dignitary.  In  practice,  bonded  or  forced  labor  by  adults  or  children  is  not 

f)ermitted,  and  the  labor  authorities  enforce  the  legal  proscriptions  when  cases  vio- 
ating  the  law  are  brought  to  their  attention  (see  section  6.d.). 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  legal 
minimum  age  for  employment  of  children  is  16  years.  The  Labor  Commissioner  ef- 
fectively enforces  this  law  in  the  industrial  sector,  where  because  of  high  adult  un- 
employment, there  are  no  jobs  available  to  children.  The  law  is  not  enforced,  how- 
ever, for  those  who  work  in  the  subsistence  agricultural,  domestic  service,  and  infor- 
mal sectors,  where  children  under  age  16  are  often  employed.  In  urban  areas  chil- 
dren commonly  engage  in  street  vending.  Forced  or  bonded  labor  by  children  is  not 
permitted,  and  authorities  enforce  legal  proscriptions  when  cases  of  violations  are 
Drought  to  their  attention  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  minimum  wage  for  nonunionized  workers 
is  set  at  $0.05  (70.30  kwacha)  per  hour,  based  on  a  48-hour  workweek,  the  legal 
maximum  for  nonunionized  workers,  a  worker  earning  the  minimum  wage  would  re- 
ceive $10.70  (14,600  kwacha)  per  month.  The  minimum  wage  covers  nonunionized 
workers  in  categories  such  as  general  workers,  cleaners,  ofTice  orderlies,  and  watch- 
men. The  minimum  wage  is  insufficient  to  provide  a  worker  and  family  with  a  de- 
cent standard  of  living,  and  most  minimum  wage  earners  must  supplement  their  in- 
comes through  second  jobs,  subsistence  farming,  or  reliance  on  the  extended  family. 

With  respect  to  unionized  workers,  each  industry  sets  its  own  wage  scales  and 
maximum  workweek  limits  through  collective  bargaining.  In  practice,  almost  all 
unionized  workers  receive  salaries  considerably  higher  than  the  nonunion  minimum 
wage.  The  minimum  workweek  for  full-time  employment  is  40  hours  and  is,  in  prac- 
tice, the  normal  workweek.  The  law  requires  2  days  of  annual  leave  per  month  of 
service. 

The  law  also  regulates  minimum  health  and  safety  standards  in  industry,  and  the 
Department  of  A^nes  is  responsible  for  enforcement.  Factory  safety  is  handled  by 
the  Inspector  of  Factories  under  the  Minister  of  Labor,  but  staffing  problems  chron- 
ically limit  enforcement  effectiveness.  There  are  no  legislative  provisions  to  protect 
a  worker  who  refuses  to  work  on  safety  grounds. 


ZIMBABWE 

President  Robert  Mugabe  and  his  Zimbabwe  African  National  Union-Patriotic 
Front  (21ANU-PF)  have  dominated  the  legislative  and  executive  branches  of 
Zimbabwe's  Government  since  independence  in  1980.  The  Constitution  allows  for 
multiple  parties;  in  addition  to  ZANU-PF,  there  are  a  large  number  of  smaller  par- 
ties. However,  they  are  poorly  organized  and  led,  poorly  financed,  and  subject  to 
periodic  intimidation  by  the  ruling  party  and  Government  security  forces.  Late  in 
1997,  the  Parliament  amended  the  election  laws  to  allow  for  increased  access  to 
funding  for  opposition  candidates,  and  this  action  should  increase  the  size  of  the 
electorate;  these  changes  will  go  into  efTect  in  early  1998.  The  judiciary  is  independ- 
ent, but  the  Government  occasionally  refuses  to  abide  by  court  decisions. 

The  Zimbabwe  Republic  Police  (ZRP)  are  responsible  for  maintaining  law  and 
order.  The  Zimbabwe  National  Army  and  Air  Force  are  responsible  for  external  se- 
curity. The  Central  Intelligence  Organization  (CIO)  under  the  Ministry  of  State  Se- 


385 

curity  is  responsible  for  internal  and  external  security  but  no  longer  has  powers  of 
arrest.  Members  of  the  security  forces  committed  human  rights  abuses. 

Zimbabwe's  economy  is  agriculturally  based,  with  strong  mining  and  tourism  sec- 
tors and  a  diversified  manuiacturing  base.  It  has  become  mcreasingly  market  based 
following  the  1991-95  structural  adjustment  program.  Primary  exports  are  tobacco, 
cotton,  oil  seeds,  livestock,  gold,  and  nickel.  Over  60  percent  of  the  population  en- 
gages in  subsistence  agriculture.  The  formal  sector  unemployment  rate  is  above  45 
percent.  Indigenization  (black  economic  empowerment)  is  a  Government  priority  to 
redress  economic  disparities  between  the  majority  black  population  and  a  small 
white  elite.  The  estimated  1996  annual  per  capita  gross  domestic  product  of  $588 
is  expected  to  rise  or  decline  if  another  drought  occurs  as  predicted.  Due  to  the  rapid 
decline  in  the  Zimbabwe  dollar  and  escalating  inflation  at  year's  end,  the  poor  and 
working  class  saw  a  significant  drop  in  their  standard  of  living. 

The  Government  respected  some  of  the  human  rights  of  its  citizens;  however, 
there  were  significant  problems  in  some  areas,  including  incidents  of  police  brutal- 
ity, harsh  prison  conditions,  pretrial  detention,  the  Government's  refusal  to  abide 
by  several  court  rulings,  CIO  intimidation  of  opposition  party  candidates  and  their 
supporters,  restrictions  on  academic  freedom,  infringements  on  citizens'  privacy,  re- 
strictions on  opposition  party  financing,  and  attempts  at  interference  with  non- 
governmental oi^anizations'(NGO)  leadership  selection.  The  political  process  re- 
mained heavily  tilted  in  favor  of  the  ruling  party. 

As  a  result  of  the  Government's  improper  handling  of  the  October  1995  mayoral 
elections  in  Harare,  Bulawayo,  and  Gweru,  the  High  Court  nullified  the  results  of 
those  votes.  Ruling  party  candidates  won  the  subsequent  1996  mayoral  elections  in 
all  three  cities,  and  in  1997  the  Supreme  Court  upheld  the  validity  of  the  new  elec- 
tions. 

During  the  December  mayoral  election  in  Chitungwiza  an  independent  candidate, 
Fidelis  Mhashu,  campaigned  strongly,  but  was  defeated  by  the  ZANU-PF  candidate 
by  a  narrow  margin.  Mnashu  was  beaten  severely  in  June  at  a  local  government 
oflice  in  the  presence  of  government  officials.  There  have  been  no  reports  of  arrests 
or  charges  being  brought  against  any  individuals  arising  out  of  that  attack.  Al- 
though the  small  independent  press  was  increasingly  open  and  critical  of  the  Gov- 
ernment, there  was  some  self-censorship.  The  electronic  media — the  major  source  of 
information  for  most  citizens — remained  totally  Government  controlled,  and  strict 
anti-defamation  laws  also  led  to  self-censorship.  Three  new  private  television  sta- 
tions were  granted  broadcast  rights.  All  three  stations  are  likely  to  face  financial 
difficulties  due  to  limited  revenue,  and  are  restricted  to  broadcasting  on  an  available 
channel  leased  from  the  Zimbabwe  Broadcasting  Corporation;  creation  of  an  inde- 
pendent transmission  facility  is  still  forbidden  under  the  Broadcasting  Act.  Domestic 
violence  against  women  remained  widespread,  and  traditional,  often  illegal,  dis- 
crimination against  women  and  the  disabled  continued. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings  by  Government  security  forces. 

Harsh  prison  conditions  contributed  to  the  average  of  25  deaths  per  month  of  pris- 
oners in  custody  (see  Section  I.e.). 

The  Legal  Resource  Foundation  and  the  Catholic  Commission  for  Justice  and 
Peace  (CCJP)  interviewed  thousands  of  victims  or  relatives  of  victims  of  atrocities 
committed  during  the  1982-87  Matabeleland  crisis  and  presented  their  findings  to 
the  President  in  March.  The  Government  did  not  respond  to  the  report  nor  take  any 
action  on  the  1993  Simplicius  Chihambakwe  conrmiission  investigation  of  the 
Matabeleland  crisis.  Despite  calls  by  the  CCJP  for  an  investigation  into  the  wide- 
spread killings  of  civilians  in  Matabeleland  and  recommendations  for  compensating 
people  in  the  affected  area,  the  Government  took  no  further  action  on  the  bodies 
discovered  at  various  locations  nor  has  anyone  been  held  accountable  for  the  mas- 
sacres. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

In  the  case  of  the  1990  disappearance  of  Rashiwe  Guzha  a  court  declined  to  de- 
clare her  dead  but  ordered  the  distribution  of  her  estate.  The  former  CIO  Deputy 
Director-General,  with  whom  Guzha  had  a  romantic  relationship  before  her  dis- 
appearance, and  who  was  rumored  to  have  been  involved  in  her  disappearance,  died 
during  the  year. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture,  and  cruel  and  inhuman  treatment.  There  were 
no  credible  reports  of  torture.  The  ZRP  service  charter  and  improved  training  have 


386 

resulted  in  markedly  better  treatment  of  suspects  and  the  public.  However,  there 
are  still  reports  of  occasional  police  brutality.  In  July  police  beat  20  female  residents 
of  a  Harare  housing  complex  and  arrested  45  for  alleged  prostitution  and  loitering. 
Most  of  the  women  arrested  were  married  and  in  their  own  residences  at  the  time. 
Onlv  one  Government  oflicial,  independent  Member  of  Parliament  Margaret  Dongo, 
challenged  the  arrest  and  beating  of  these  women.  There  have  also  been  freauent 
reports  that  police  beat  detainees  at  Mbare  Musika  police  station  in  one  of  the  nigh- 
est  crime  areas  in  Harare.  A  police  officer  also  publicly  beat  a  female  bus  inspector 
for  refusing  to  give  him  a  bribe.  There  has  been  no  public  Government  reaction  to 
this  beating. 

The  Government  has  not  actively  pursued  past  allegations  of  torture,  nor  pros- 
ecuted CIO  or  ZRP  oflicers  for  such  abuses.  The  CIO  continued  to  refuse  to  pay 
court-ordered  damages  to  a  1990  torture  victim. 

Prison  conditions  remained  harsh  and  have  improved  little  since  the  CCJP  issued 
its  1993  report  describing  extreme  overcrowding,  shortages  of  clothing,  and  poor 
sanitary  conditions.  Overcrowding  and  poor  sanitation  aggravated  outbreaks  of  cnol- 
era,  diarrhea,  and  AIDS-related  illnesses.  An  average  of  25  prisoners  a  month  died 
in  custody,  18  from  AIDS-related  illnesses,  in  1996  (the  last  year  for  which  statistics 
are  available).  The  Government  has  established  a  successful  community  service  sen- 
tencing program  to  try  to  alleviate  prison  overcrowding.  The  Legal  Resource  Foun- 
dation, in  cooperation  with  the  prison  service,  established  a  human  rights  training 
program  for  prison  ofTicials.  Officials  who  mistreat  prisoners  are  routinely  punished. 

Tne  Government  permits  international  human  rights  monitors  to  visit  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention,  or  exile,  and  the  Government  observes  these  prohibitions.  The  law 
requires  that  police  inform  an  arrested  person  of  the  charges  against  him  before  he 
is  taken  into  custody.  Warrants  of  arrest  issued  by  the  courts  are  required  except 
in  cases  of  serious  crimes  or  where  there  is  the  risk  of  evidence  disappearing.  The 
Ministry  of  Home  AfTairs  pays  an  average  of  $150,000  (Z$1.5  million)  each  year  in 
damages  in  wrongful  arrest  cases. 

Although  a  preliminary  hearing  before  a  magistrate  is  reauired  within  48  hours 
of  an  arrest  (or  96  hours  over  a  weekend),  the  law  is  often  disregarded  if  a  person 
does  not  have  legal  representation.  A  1992  amendment  to  the  Criminal  Procedures 
and  Evidence  Act  substantially  reduced  the  power  of  magistrates  to  grant  bail  with- 
out the  consent  of  the  Attorney  General  or  his  agents.  In  practice,  nowever,  a  cir- 
cular issued  by  the  Attorney  General  giving  a  general  autnority  to  grant  bail  has 
lessened  the  negative  impact  of  the  rule.  High  Court  judges  grant  bail  independ- 
ently. 

The  Government  still  enjoys  a  wide  range  of  legal  powers  under  the  Official  Se- 
crets Act  and  the  Law  and  Order  Maintenance  Act  (LOMA).  Originally  promulgated 
30  years  ago  and  widely  used  in  the  past  to  prosecute  political  opponents  of  the  Gov- 
ernment, the  LOMA  gives  extensive  powers  to  the  police,  the  Minister  of  Home  Af- 
fairs, and  the  President  to  address  political  and  security  crimes  that  are  not  clearly 
defined.  The  Government  invoked  the  LOMA  in  July  to  ban  demonstrations  by 
former  combatants  who  demanded  compensation  for  wartime  injuries.  The  ban  was 
not  vigorously  enforced  against  the  war  veterans  and  was  lifted  after  2  weeks.  In 
DeceniDer  opposition  leader  M.P.  Ndabadingi  Sithole  was  convicted  and  sentenced 
to  2  years  under  the  LOMA  for  conspiring  to  assassinate  President  Mugabe  in  1995. 
At  year's  end,  no  appeal  had  been  filed  nor  was  there  any  government  reaction  to 
the  judge's  call  for  a  pardon  in  light  of  Sithole's  age,  poor  health,  and  evidence  of 
the  Government's  prior  notice  of  the  assassination  plans. 

The  Government  proposed  a  security  bill  to  repeal  the  LOMA;  however,  the  draft 
bill  contains  several  negative  elements  or  similarities  to  the  LOMA,  including  vague 
definitions  of  political  and  security  crimes,  harsh  penalties  for  failure  to  report  the 
acts  of  others,  and  restrictions  on  freedom  of  assembly,  speech,  and  association.  Fol- 
lowing unprecedented  public  debate  on  the  bill  and  subsequent  consultations  with 
legal,  democracy,  and  human  rights  organizations,  the  Gk)vernment  withdrew  the 
bill  for  further  revisions. 

According  to  the  Grovernment,  the  total  prison  population  has  been  reduced  to 
18,000  from  22,000  in  1996,  due  in  large  part  to  alternative  sentencing  under  the 
community  service  program  for  youth  olienders.  The  Government  also  reports  that 
6,000  prisoners  are  pretrial  detainees.  Detainees  spent  an  average  of  6  months  in- 
carcerated before  their  trials  because  of  a  critical  shortage  of  magistrates  and  court 
interpreters. 

The  Government  does  not  use  exile  as  a  means  of  political  control. 

e.  Denial  of  Fair  Public  Trial. — TTie  Constitution  provides  for  an  independent  judi- 
ciary, and  the  judiciary  has  a  well-deserved  reputation  for  independence.  However, 
on  occasion  the  executive  branch  refuses  to  aoide  by  judicial  decisions.  The  Cus- 


387 

tomary  Law  and  Local  Courts  Act  of  1990  created  a  unitary  court  system,  consisting 
of  headmen's  courts,  chiefs'  courts,  magistrates'  courts,  the  High  Court,  and  the  Su- 
preme Court.  With  this  restructuring,  civil  and  customary  law  cases  may  be  heard 
at  all  levels  of  the  judiciary,  including  the  Supreme  Court. 

Judges  are  appointed  for  life  and  can  be  removed  from  the  bench  only  for  gross 
misconduct.  They  are  not  discharged  or  transferred  for  political  reasons.  Mag- 
istrates, who  are  part  of  the  civil  service  rather  than  the  judiciary,  hear  the  vast 
majority  of  cases  and  are  sometimes  subject  to  political  pressure.  Military  courts 
deal  with  disciplinary  or  court  martial  proceedings.  Police  courts,  which  can  sen- 
tence a  police  oflicer  to  confinement  to  camp  or  demotion,  handle  disciplinary  and 
misconduct  cases.  Trials  in  both  these  latter  courts  meet  internationally  accepted 
standards  for  fair  trials;  defendants  in  these  courts  have  the  right  to  appeal  to  the 
Supreme  Court.  All  levels  of  the  judiciary  often  make  rulings  unpopular  with  the 
Government. 

The  Constitution  provides  for  the  right  to  a  fair  trial,  and  the  Judiciary  rigorously 
enforces  this  right.  Every  defendant  has  the  right  to  a  lawyer  ofhis  choosing.  How- 
ever, well  over  90  percent  of  defendants  in  magistrates'  courts  go  unrepresented.  In 
criminal  cases,  an  indigent  defendant  may  apply  to  have  the  Government  provide 
an  attorney,  but  this  is  rarely  done  and  rarely  granted.  However,  in  capital  cases 
the  Government  provides  an  attorney  for  all  defendants  unable  to  afford  one.  Liti- 

fants  in  civil  cases  can  request  legal  assistance  from  the  NGO  Legal  Resources 
oundation,  but  no  longer  from  the  government-established  Citizens  Advice  Bureau, 
which  was  eliminated  due  to  budget  constraints.  All  litigants  are  represented  in  the 
High  Court.  The  Supreme  Court  nas  instructed  magistrates  to  ensure  that  unrepre- 
sented defendants  fully  understand  their  rights  and  to  weigh  any  mitigating  cir- 
cumstances in  criminal  cases,  whether  or  not  the  accused  presents  them  as  part  of 
his  defense. 

The  right  to  appeal  exists  in  all  cases  and  is  automatic  in  cases  in  which  the 
death  penalty  is  imposed.  Trials  are  open  to  the  public  except  in  certain  security 
cases.  Defendants  enjoy  a  presumption  of  innocence  and  the  right  to  present  wit- 
nesses and  question  witnesses  against  them.  Defendants  and  their  attorneys  gen- 
erally have  access  to  (}ovemment-held  evidence  relevant  to  their  cases.  The  legal 
system  does  not  discriminate  against  women  or  minorities. 

The  Government  generally  abided  by  court  decisions  even  when  it  was  strongly 
opposed  to  the  rulings.  However,  the  Government  routinely  delayed  payment  of 
court  costs  or  judgments  awarded  against  it.  For  example,  the  CIO  continued  its  re- 
fusal to  pay  damages  awarded  by  the  High  Court  to  a  former  opposition  party  ofii- 
cial  whom  CIO  agents  had  tortured  in  1990. 

Legal  and  human  rights  activists  continued  to  criticize  the  Government's  efforts 
to  adopt  constitutional  amendments  detrimental  to  human  rights  protections.  For 
example.  Amendment  11  (1992)  changed  the  Constitution  to  allow  corporal  punish- 
ment of  minors  after  the  Supreme  Court  ruled  that  caning  of  minors  constituted 
cruel  and  inhuman  punishment.  Amendment  14  (1996),  which  denies  both  men  and 
women  the  right  to  confer  automatic  residency  on  their  foreign  spouses,  was  passed 
in  response  to  a  1994  Supreme  Court  ruling  declaring  that  women  should  have  the 
same  rights  as  men  to  confer  residency  and  citizenship  on  their  spouses  (see  Section 
2.d.).  Amendments  to  the  Constitution  are  not  ratifiea  by  the  public  but  are  subject 
to  the  ZANU-PF-dominated  Parliament's  approval  only. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  arbitrary  interference  with  privacy,  family,  home,  or  cor- 
respondence. Human  rights  groups  are  concerned  that  Amendment  14  erodes  these 
constitutional  rights  by  repealing  Section  11  of  the  Constitution  which  specifies  pro- 
tection for  the  right  to  the  privacy  of  one's  home  and  from  the  compulsory  acquisi- 
tion of  property  without  compensation.  Although  Government  authorities  generally 
respect  citizens'  right  to  privacy  and  violations  are  subject  to  legal  sanction,  it  is 
widely  known  that  the  Government  sometimes  monitors  private  correspondence  and 
telephones,  particularly  international  communications. 

The  need  for  land  reform  is  almost  universally  accepted;  however,  there  are  prob- 
lems with  implementation  of  the  1992  Land  Acquisition  Act  (Land  Act).  Under  the 
Land  Act  farmers  whose  lands  have  been  designated  for  acquisition  may  appeal  only 
the  amount  of^  compensation,  not  the  initial  decision  to  acquire  their  larms.  In  No- 
vember the  Government  said  that  it  would  not  compensate  for  land,  but  only  for 
improvements  on  the  land,  a  position  not  sustainable  under  the  act.  In  the  past,  the 
act  was  implemented  largely  along  racial  lines;  the  Government  stated  that  black- 
owned  commercial  farms  would  not  be  subject  to  acquisition.  However,  in  November 
owners  of  1,471  farms,  some  of  which  are  black-owned,  were  notified  their  land 
would  be  acquired  by  compulsory  means  in  1997.  In  some  cases,  land  was  appar- 


388 

ently  targeted  for  acquisition  to  achieve  political  goals.  In  December,  1,420  adminis- 
trative appeals  were  filed  with  the  Ministry  of  Lands  and  Agriculture  by  owners  of 
the  tar^geted  farms,  challenging  the  notices  to  acquire  their  lands.  By  year's  end,  the 
Government  had  not  acquired  any  of  the  newly  identified  land.  Opposition  party 
leader  M.P.  Ndabadingi  Sithole  continued  his  legal  battle  with  the  Government  over 
its  1993  acquisition  of  nis  farm. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  expres- 
sion but  allows  for  legislation  to  limit  this  freedom  in  the  "interest  of  defense,  public 
safety,  public  order,  state  economic  interests,  public  morality,  and  public  health."  Al- 
though the  independent  press  is  increasingly  open  and  critical  of  the  Government, 
there  is  some  degree  of  self-censorship  in  private  media  and  a  high  degree  in  the 
Government-controlled  press.  For  example,  the  Catholic  Commission  for  Justice  and 
Peace  and  Legal  Resources  Foundation's  detailed  report  on  the  1980's  Matabeleland 
crisis  was  distributed  to  government  and  private  papers.  However,  only  one  private 
paper  commented  on  the  substance  of  the  report.  Self-censorship  is  aggravated  by 
anti-defamation  laws  that  make  no  distinction  between  public  and  private  persons. 
In  addition  an  extremely  broad  OfTicial  Secrets  Act  makes  it  a  crime  to  divulge  "any 
information  acquired  in  the  course  of  ofTicial  duties." 

The  Government  has  shown  a  modest  increase  in  tolerance  for  private  media  criti- 
cism of  official  corruption  during  the  ChidyausUcu  Commission's  investigation  into 
fraud  and  malfeasance  in  the  management  of  the  war  victims  compensation  fund. 

The  maior  print  media  (seven  English  language  newspapers  and  one  local-lan- 
guage tabloid)  belong  to  the  Mass  Media  Trust,  a  holding  company  heavily  influ- 
enced by  the  government  ruling  party.  The  Ministry  of  Information  controls  the 
Zimbabwe  Inter-Africa  News  Agency  wire  service.  The  Government  influences  main- 
stream media  through  indirect  ownership,  editorial  appointments,  directives  to  edi- 
tors, and  removal  of  wayward  editors.  In  December  a  popular  radio  broadcaster  was 
dismissed  following  her  refusal  to  cease  airing  public  calls  reporting  on  the  then- 
ongoing  demonstrations  in  Harare  against  new  taxes  to  fund  the  war  veteran's  com- 
pensation package.  The  Government  controls  the  only  two  daily  newspapers,  the 
Chronicle  and  the  Herald.  The  small  independent  press  consists  primarily  of  three 
weekly  and  three  monthly  magazines.  They  carefully  monitor  government  policies 
and  open  their  pages  to  opposition  critics.  Other  minor  independent  publications 
exist  with  fewer  than  3,000  subscribers. 

All  radio  and  television  channels  are  entirely  government  owned  and  controlled. 
Following  a  Supreme  Court  ruling  that  the  Government's  monopoly  on  telecommuni- 
cations was  unconstitutional  because  it  interfered  with  the  right  to  freedom  of  ex- 
pression, the  Government  granted  a  broadcasting  license  to  private  television  sta- 
tion Joy  Television  (Joy  TV).  However,  Joy  TV's  independence  has  been  questioned 
because  of  the  Zimbabwe  Broadcasting  Commission's  (ZBC)  apparent  favoritism 
both  in  granting  Joy  a  license,  which  was  denied  to  earlier  bidders,  and  in  specula- 
tion over  possible  ZBC  editorial  control  of  Joy  programming.  President  Mugabe's 
nephew,  Leo  Mugabe,  reportedly  has  financial  ties  to  Joy  TV.  Two  other  broadcast- 
ing stations,  MABC  and  LDM,  was  licensed  in  September  and  November,  respec- 
tively. Like  Joy  TV,  the  two  stations  lease  air  time  from  ZBC;  all  three  stations  are 
likely  to  face  difficulties  due  to  limited  advertising  revenue. 

Books  and  films  are  subject  to  review  by  the  Zimbabwe  Board  of  Censors.  A  film 
on  the  liberation  struggle,  which  the  National  War  Veteran's  Association  claimed 
was  ofiensive  and  which  was  seized  by  the  police  in  1996,  is  now  publicly  available. 

Following  the  controversial  banning  of  the  Gays  and  Lesbians  of  Zimbabwe 
(GALZ)  ejmibit  on  AIDS  counseling  and  prevention  at  the  1996  Harare  Inter- 
national Book  Fair,  which  the  High  Court  overturned,  there  was  no  GALZ  exhibit 
at  the  1997  fair. 

The  University  of  Zimbabwe  (UZ)  Amendment  Act  and  the  National  Council  for 
Higher  Education  Act  curtail  academic  freedom  by  restricting  the  independence  of 
universities,  making  them  subject  to  government  influence,  and  extending  the  dis- 
ciplinary powers  of  the  university  authorities  against  staff  and  students.  After  pro- 
testing government  delays  in  disbursement  of  their  subsidies,  UZ  students  were  vic- 
tims of  teargas  and  arrest;  they  were  subsequently  released. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  assembly  and  association  for  political  and  nonpolitical  organizations,  in- 
cluding a  broad  spectrum  of  economic,  social,  professional,  and  after  protesting  Gov- 
ernment delays  in  disbursement  of  their  subsidies  recreational  activities.  Permits 
are  not  required  for  meetings  or  demonstrations.  The  Government  was  sharply  criti- 
cized by  human  rights,  democracy,  and  labor  leaders  for  its  use  of  excessive  force 
in  Harare  to  prevent  a  1-day  planned  national  demonstration  in  December  against 


389 

new  taxes  to  fund  the  war  veterans  compensation  packages.  The  Zimbabwe  Con- 
gress of  Trade  Unions  (ZCTU)  had  obtained  a  court  order  prohibiting  the  Govern- 
ment from  interfering  with  its  plans  for  a  p>eaceful  demonstration.  However,  violence 
erupted  in  Harare  early  on  the  day  of  the  demonstration  when  police  used  tear  gas, 
dojra,  and  sticks  to  disperse  people  who  had  congregated  at  assembly  points. 

The  formation  of  unions  and  political  parties  is  not  restricted.  Organizations  are 
generally  free  of  governmental  interference  as  long  as  their  activities  are  viewed  as 
nonpolitical.  In  a  case  brought  by  a  women's  nongovernmental  organization  (NGO) 
the  Supreme  Court  ruled  unconstitutional  those  sections  of  the  Private  Voluntary 
Oreanizations  Act  of  1995,  which  had  empowered  the  Minister  of  Social  Welfare, 
Labor,  and  Public  Service  to  suspend  the  executive  body  or  "any  member  of  the  ex- 
ecutive committee  of  an  organization  and  to  appoint  persons  to  manage  the  affairs 
of  the  organization  for  a  specified  time.  Following  the  ZCTU's  successful  national 
work  stoppage  in  December,  in  which  the  organization  urged  the  support  of  employ- 
ers, government  media  attacked  the  ZCTU's  leadership  for  allegedly  aiding  white 
employers  to  undermine  the  Government's  land  policy.  Prior  to  the  Supreme  Court's 
ruling,  several  new  NGO's  decided  to  set  up  their  organizations  as  "associations" 
connected  with  established  NGO's  so  that  their  executive  bodies  would  not  be  sub- 
ject to  government  interference. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  gen- 
erally respects  them  in  practice. 

In  response  to  a  1994  Supreme  Court  ruling  that  Zimbabwe's  law  allowing  men, 
but  not  women,  to  confer  residency  rights  on  their  foreign  bom  spouses  was  dis- 
criminatory and  unconstitutional,  the  Government  proposed  a  constitutional  amend- 
ment establishing  the  practice  in  the  Constitution.  After  an  outcry  from  civic,  par- 
ticularly women's,  organizations,  the  Government  withdrew  the  amendment  and 
proposed  a  revised  bill  that  allows  neither  men  nor  women  to  confer  citizenship  on 
their  foreign  born  spouses  automatically.  Parliament  passed  the  amendment  in  Oc- 
tober 1996,  but  implementing  immigration  regulations  have  not  yet  been  promul- 
gated. 

The  Government  cooperates  with  the  Office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. Zimbabwe  provides  first  asylum.  According  to  the  Government,  223  asylum 
seekers  were  given  refugee  status,  and  at  least  five  persons  were  denied  first  asy- 
lum in  1997.  'There  were  no  reports  of  forced  expulsion  of  those  having  a  valid  claim 
to  refugee  status.  There  were  reportedly  1,564  refugees  in  Zimbabwe  from  more 
than  20  countries;  the  largest  groups  consisted  of  226  Rwandans,  166  Congolese 
(Democratic  Republic  of  the  Congo),  138  Burundians,  138  Somalis,  and  137  Ango- 
lans. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Although  citizens  have  the  legal  right  to  change  their  Government  democratically; 
the  political  process  continued  to  be  tilted  in  lavor  of  the  ruling  party.  However, 
early  next  year  two  recent  parliamentary  changes  will  go  into  effect  that  will  allow 
for  increased  access  to  the  political  process  for  opposition  candidates  and  potentially 
increase  the  size  of  the  electorate.  The  Political  Parties  Finance  Amendment  Act 
(PPF  Act)  will  no  longer  base  government  financial  grants  on  the  number  of  mem- 
bers already  in  Parliament,  but  on  a  percentage  of  votes  received  in  the  last  general 
election,  with  a  minimum  of  5  percent  required.  The  new  Local  Authorities  Election 
Laws  Amendment  Act  (Election  Act)  amended  and,  in  efTect,  replaced  the  Election 
Act,  Rural  District  Council,  and  Urban  Council  Acts  to  eliminate  restrictions  on  poor 
people's  right  to  vote  in  local  elections.  The  act  abolished  the  provision  in  the  pre- 
vious Council  Acts  which  disqualified  from  voting  those  who  were  not  long-term 
residents  or  property  owners  in  an  area.  It  also  abolished  the  old  Rural  District 
Council  Act  provision  which  gave  multiple  votes  to  property  owners  by  allowing 
them  to  delegate  voting  rights  based  on  their  corporate  ownership  in  a  district, 
while  retaining  a  personal  vote. 

Government  critics  have  charged  that  the  ruling  ZANU-PF  party  delayed  the  De- 
cember 28  and  29  mayoral  election  in  Chitungwiza  to  allow  the  ZANU-PF's  can- 
didate more  time  to  mount  a  successful  campaign  in  the  face  of  strong  opposition 
from  an  independent.  The  ZANU-PF  candidate  won  the  election  by  1,641  votes  with 
less  than  7  percent  of  the  total  registered  voters  participating.  President  Mugabe 
and  his  ZANU-PF  party  remained  the  dominant  political  force  within  the  country. 


'  390 

President  Mugabe  won  reelection  in  March  1996  with  little  opposition  in  an  elec- 
tion considered  generally  free  and  fair  by  hundreds  of  NGO  monitors.  In  the  1995 
parliamentary  general  elections,  ZANTJ-PF  captured  117  of  the  120  popularly  elect- 
ed seats.  The  10  chiefs  who  sit  as  Members  of  Parliament  (M.P.s)  are  elected  by 
their  peers.  The  President  also  appoints  8  provincial  governors,  who  sit  as  M.P.s, 
and  12  nonconstituency  M.P.s.  All  30  of  these  persons  are  ZANU-PF  members.  The 
net  result  of  several  constitutional  amendments  has  been  to  consolidate  the  power 
of  the  executive  branch  and  to  limit  the  independence  of  M.P.s. 

There  is  no  effective  Parliamentary  opposition,  and  the  legislature  remained  sub- 
ordinate to  the  executive  branch.  However,  in  1997  Parliament  had  greater  influ- 
ence on  the  content  of  proposed  legislation  in  ruling  party  caucus  debates  and  dur- 
ing the  conmiittee  phase  than  in  previous  years.  There  are  many  small  opposition 
parties.  However,  their  growth  was  inhibited  by  a  variety  of  factors,  including  the 
Political  Parties  Finance  Act  (PPFA)  (sections  of  which  were  ruled  unconstitutional 
by  the  Supreme  Court),  the  Government's  virtual  monopoly  of  the  electronic  media, 
and  credible  reports  of  CIO  harassment  of  opposition  and  independent  candidates 
and  their  supporters.  In  addition  to  serious  institutional  problems,  however,  the  op- 
position parties'  lack  of  organization  and  leadership  played  a  significant  role  in  their 
poor  electoral  showing. 

In  September  the  Supreme  Court  held  unconstitutional  those  provisions  of  the 
PPFA  that  provided  government  funding  only  to  parties  that  had  more  than  15  Par- 
liamentary seats,  effectively  giving  all  public  funaing  to  the  ruling  party.  In  October 
Parliament  passed  the  PPFA,  which  authorizes  the  Government  to  fund  any  reg- 
istered party  that  obtains  5  percent  of  the  votes  cast.  The  court  noted  that  "in  poor- 
er societies,  where  private  funding  is  either  not  available  or  offers  inadequate  assist- 
ance, the  inability  to  obtain  state  funding,  because  the  qualification  is  set  too  high, 
causes  a  reduction  of  the  effective  freedom  of  expression  of  political  parties."  While 
the  Supreme  Court  did  not  order  a  specific  alternative  criteria  for  party  funding, 
the  Minister  of  Justice  said  that  he  would  propose  an  amendment  in  Parliament 
that  would  base  it  on  the  total  number  of  votes  cast. 

The  Supreme  Court  rejected  an  opposition  party  challenge  to  the  1996  Gweru 
mayoral  elections,  called  for  by  the  President  before  Parliament  established  the  post 
of  executive  mayor,  ruling  that  Parliament's  subsequent  enactment  of  the  required 
legislation  validated  the  election. 

There  are  institutional  problems  with  the  management  and  supervision  of  elec- 
tions. Although  the  Ministiy  of  Justice  technically  administers  the  Electoral  Act,  the 
Registrar  General's  Office  falls  under  the  Ministry  of  Home  Afl'airs.  With  a  meager 
budget  and  a  tiny  staff  seconded  from  the  Ministry  of  Justice,  the  Electoral  Super- 
visory Commission  lacks  the  institutional  capacity  to  oversee  all  of  the  country's 
polling  stations.  Nor  do  commissioners  have  the  executive  authority  to  order  that 
an  irregularity  be  corrected.  Despite  an  attempt  to  computerize  the  voters'  roll,  it 
contains  a  very  large  number  of  redundancies  or  errors,  including  misspellings,  mul- 
tiple entries,  and  names  of  the  deceased.  No  date  has  been  set  for  rural  district  elec- 
tions because  of  a  conflict  between  government  officials  and  opposition  parties  over 
the  Government's  proposed  use  of  a  national  versus  local  voters'  roll  for  all  elections. 

Women  participate  in  politics  without  legal  restriction.  However,  according  to 
local  women's  groups,  husbands — particularly  in  rural  areas — commonly  force  their 
wives  to  vote  for  the  husband's  preferred  candidates. 

Twenty  of  the  150  M.P.'s  are  women,  including  the  Deputy  Speaker  of  Parliament. 
Three  cabinet  ministers  with  portfolios,  three  ministers  of  state,  and  three  deputy 
ministers  are  women.  All  major  ethnic  groups  are  represented  in  Parliament  and 
in  the  Government. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Although  the  Government  permits  local  civic  and  human  rights  groups  to  operate, 
it  monitors  their  activities  closely,  in  particular  those  of  the  Catholic  Commission 
for  Justice  and  Peace  and  Zimbabwe  Human  Rights  Association  (ZIMRIGHTS). 
Other  groups  that  promote  human  rights  include  the  Ix;gal  Resource  Foundation, 
the  Southern  African  Federation  of  the  Disabled,  Zimbabwe  Lawyers  for  Human 
Rights,  the  Child  and  Law  Project,  the  Zimbabwe  Women  Lawyer's  Association,  and 
the  Southern  African  Human  Rights  Research  and  Documentation  Trust.  The  Foun- 
dation for  Democracy  in  Zimbabwe  (FODEZI)  was  established  in  July  as  a  watchdog 
organization  to  support  independent  candidates.  Amnesty  International,  Trans- 
parency International,  and  the  International  Committee  of  the  Red  Cross  operate 
in  Zimbabwe.  The  Government  does  not  discourage  representatives  from  inter- 
national human  rights  groups  from  visiting  Zimbabwe. 


391 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  that  "every  person  in  Zimbabwe"  is  entitled  to  fun- 
damental rights  whatever  his  race,  tribe,  place  of  origin,  political  opinions,  color, 
creed,  or  sex. 

Women. — Domestic  violence  against  women,  especially  wife  beating,  is  common 
and  crosses  all  racial  and  economic  lines.  It  extends  throughout  the  country,  and 
at  times  results  in  death.  According  to  Women  in  Law  and  Development  in  Africa 
(WILDAF),  domestic  violence  accounts  for  more  than  60  percent  of  murder  cases  in 
the  Harare  High  Court.  A  women's  rights  organization,  the  Musasa  Project,  con- 
ducted a  3-week  study  in  all  the  districts  of  Midlands  province  on  domestic  violence 
against  women  in  which  37  percent  of  the  women  interviewed  said  that  they  had 
been  sexually  abused.  Thirty-two  percent  said  that  they  had  been  physically  abused 
since  the  age  of  16.  Human  rights  groups  have  notecl  that  increased  training  has 
improved  police  community  relations  officers'  handling  of  these  cases.  There  were 
approximately  2,000  cases  of  rape  reported  in  the  first  6  months  of  1997,  up  from 
1,400  cases  in  the  first  half  of  1996.  Women's  groups  and  the  police  believe  the  ac- 
tual number  is  much  higher,  but  the  majority  of  cases  go  unreported  because  of  the 
social  stigma  of  rape.  When  cases  come  to  court,  lengthy  sentences  for  rape  and  wife 
beating  are  generally  imposed.  However,  a  'T)inding  over"  order  (an  order  to  appear 
in  court  to  respond  to  an  accusation  of  violent  behavior)  is  issued  based  only  on  ac- 
tual physical  abuse  and  not  on  threats  of  violence.  In  addition,  the  courts  do  not 
have  the  power  to  oust  an  abusive  spouse  from  a  matrimonial  home.  In  a  case  that 
is  attracting  much  public  attention,  Canaan  Banana,  Zimbabwe's  first  president 
(1980-1987)  has  been  charged  with  sexual  abuse  arising  out  of  allegations  of  forcible 
sodomy  made  by  a  former  aide.  This  is  the  first  case  involving  a  prominent  public 
figure  accused  of  sexual  abuse.  The  case  has  been  referred  to  the  Supreme  Court 
for  a  ruling  on  the  issue  of  pretrial  prejudice  from  the  publicity.  At  year's  end,  the 
court  had  not  ruled  in  the  case. 

Since  independence  the  Government  has  enacted  major  laws  aimed  at  enhancing 
women's  rignts  and  countering  certain  traditional  practices  that  discriminate 
against  women.  However,  women  remain  disadvantagea  in  Zimbabwean  society.  Il- 
literacy, economic  dependency,  and  prevailing  social  norms  prevent  rural  women  in 
particular  from  combating  societal  discrimination.  Despite  legal  prohibitions,  women 
are  still  vulnerable  to  entrenched  customary  practices,  including  the  practice  of 
pledging  a  young  woman  to  marriage  with  a  partner  not  of  her  choosing;  the  custom 
of  forcing  a  widow  to  marry  her  late  husband's  brother;  and  the  custom  of  ofTering 
a  young  girl  as  compensatory  payment  in  interfamily  disputes. 

Although  two  women  preside  as  chiefs  in  Mashonaland,  a  dispute  erupted  in  1996 
over  the  ascension  of  a  female  chief,  sanctioned  by  the  President,  in  Matabeleland 
South.  Provincial  Governor  Welshman  Mabhena  declared  that  "under  Ndebele  cus- 
tom a  woman  can  never  preside  over  a  man.  It  is  a  mockery  of  our  culture."  How- 
ever, the  female  chief  in  Matabeleland  remains  in  ofTice. 

The  Legal  Age  of  Majority  Act  and  the  Matrimonial  Causes  Act  recognize  women's 
right  to  own  property  independently  of  their  husbands  or  fathers.  However,  while 
unmarried  women  may  own  property  in  their  own  names,  women  married  under 
customary  law  are  not  allowed  to  own  property  jointly  with  their  husbands.  The  Ad- 
ministration of  Estates  Amendment  Act,  which  came  into  effect  in  October,  removes 
inheritance  laws  unfavorable  to  widows.  Women's  groups  have  praised  the  amend- 
ment as  a  major  step  toward  ending  the  unfair  and  unequal  distribution  of  inherited 
assets  for  women.  The  new  inheritance  amendment  is  awaiting  the  President's  sig- 
nature to  become  law.  Divorce  and  maintenance  laws  are  favorable  toward  women, 
but  women  generally  lack  awareness  of  their  rights  under  the  law. 

Although  labor  legislation  prohibits  discrimination  in  employment  on  the  basis  of 
gender,  women  are  concentrated  in  the  lower  echelons  of  the  work  force  and  com- 
monly face  sexual  harassment  in  the  workplace. 

Several  active  women's  rights  groups  in  Zimbabwe,  including  WILDAF,  the 
Musasa  Project,  the  Zimbabwe  Women  Lawyers'  Association,  and  the  Women's  Ac- 
tion Group,  concentrate  on  improving  women's  knowledge  of  their  legal  rights,  in- 
creasing women's  economic  power,  and  combating  domestic  violence.  There  is  no 
Government  olTice  specifically  responsible  for  women's  affairs. 

Children. — The  Government  continued  to  demonstrate  its  strong  commitment  to 
children's  rights  and  welfare  through  a  system  of  primary  health  care  and  education 
overseen  by  the  Ministry  of  Health  and  Child  Welfare.  However,  budget  cuts  and 
the  lack  of  adequate  attention  to  AIDS  prevention  are  eroding  the  Government's  ca- 
pacity to  address  children's  needs  in  these  areas.  The  Children's  Protection  and 
Adoption  Act,  the  Guardianship  of  Minors  Act,  and  the  Deceased  Person's  Mainte- 
nance Act  all  protect  the  legal  rights  of  minor  children.  While  there  is  no  compul- 


45-909    98-14 


392 

soiy  education,  Zimbabwe  has  made  considerable  progress  in  providing  education  for 
girls,  and  overall  primary  school  attendance  has  increased  by  more  than  400  percent 
since  independence.  About  93  percent  of  children  reach  grade  5.  With  the  reintro- 
duction  of  school  fees  in  urban  schools  and  rural  secondary  schools,  however,  enroll- 
ment has  declined.  If  a  family  is  unable  to  pay  tuition  costs,  it  is  most  often  female 
children  who  leave  school.  There  are  an  estimated  12,000  homeless  street  children 
in  Zimbabwe,  many  of  them  the  children  of  former  Mozambican  refugees  or  AIDS 
orphans.  Although  it  is  not  known  yet  whether  the  statistics  reflect  the  fact  that 
more  cases  are  actually  occurring  or  only  that  more  are  being  reported,  child  abuse, 
including  incest  (long  taboo  in  Zimbabwean  society),  infanticide,  child  abandonment, 
and  rape  is  increasing  but  still  is  not  widespread.  There  are  reports  of  child  labor 
(see  Section  6.d.).  The  Ministry  of  Justice's  Vulnerable  Witnesses  Committee  estab- 
lished victim- friendly  courts  to  improve  the  judicial  system's  handling  of  child  vic- 
tims of  rape  and  sexual  abuse.  The  criminal  justice  system  has  special  provisions 
for  dealing  with  juvenile  offenders. 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  rarely  per- 
formed in  Zimbabwe.  However,  according  to  press  reports,  the  initiation  rites  prac- 
ticed by  the  small  Remba  ethnic  group  in  Midlands  Province  include  infibulation, 
the  most  extreme  form  of  FGM. 

People  With  Disabilities. — President  Mugabe  appointed  a  disability  activist  to  Par- 
liament in  1995  to  represent  the  needs  of  the  aisabled.  The  Disabled  Persons  Act 
of  1992  specifically  prohibits  discrimination  against  people  with  disabilities  in  em- 
ployment, admission  to  public  places,  or  provision  of  services  and  is  viewed  by  advo- 
cates of  the  disabled  as  model  legislation.  In  practice,  however,  the  lack  of  resources 
for  training  and  education  severely  hampers  the  ability  of  disabled  people  to  com- 
pete for  scarce  jobs.  Although  the  act  stipulates  that  Government  buildings  should 
be  accessible  to  disabled  persons,  for  budgetary  reasons  this  is  rarely  implemented. 
Disabled  people  face  particularly  harsh  customary  discrimination.  According  to  tra- 
ditional belief,  people  with  disabilities  are  considered  bewitched,  and  reports  of  dis- 
abled children  being  hidden  when  visitors  arrive  are  common. 

National / Racial / Ethnic  Minorities. — The  Shona  ethnic  group  makes  up  77  per- 
cent of  the  population,  Ndebele  14  percent,  Kalanga  5  percent,  whites  2  percent,  and 
other  ethnic  groups  2  percent,  (jovemment  services  are  provided  on  a  nondiscrim- 
inatory basis,  and  the  Government  has  sought  to  expand  and  improve  the  previously 
"whites  only"  infrastructure  in  urban  areas  to  provide  health  and  social  services  to 
all  citizens.  Nevertheless,  in  social  terms  Zimoabwe  remains  a  racially  stratified 
country.  While  schools  and  churches  are  all  legally  integrated,  social  interaction 
among  racial  groups  is  rare.  Although  intertribal  relations  are  generally  very  good, 
the  disproportionate  number  of  Shona  speaking  teachers  and  headmasters  in 
Matabeleland  schools  remained  a  sensitive  issue. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  1985  Labor  Relations  Act  (LRA)  provides  pri- 
vate sector  workers  with  freedom  of  association  and  the  right  to  elect  their  own  rep- 
resentatives, publish  newsletters,  and  set  programs  and  policies  that  reflect  the  po- 
litical and  economic  interests  of  labor.  WorKers  are  free  to  form  or  join  unions  with- 
out prior  authorization.  The  LRA  allows  for  the  existence  of  multiple  unions  per  in- 
dustry, provided  that  each  is  registered  with  the  Ministry  of  Public  Service,  Labor, 
and  Social  Welfare  (MPSLSW).  While  the  Government  may  deregister  individual 
unions,  the  High  Court  has  ruled  that  the  LRA  does  not  give  the  Minister  the  power 
to  suspend  or  deregister  the  national  umbrella  labor  confederation,  the  Zimbabwe 
Congress  of  Trade  Unions  (ZCTU). 

Approximately  20  percent  of  the  formal  sector  work  force  belongs  to  the  33  unions 
that  form  the  ZCTU.  ZCTU  ofTicers  are  elected  by  delegates  of  affiliated  trade 
unions  at  congresses  held  every  5  years.  While  the  Government  encouraged  the 
ZCTU's  formation,  anticipating  that  it  would  form  the  labor  arm  of  21ANU-PF,  it  no 
longer  directly  influences  ZCTU  actions.  The  Government  and  the  ZCTU  often  clash 
on  economic  policy,  particularly  the  Economic  Structural  Adjustment  Program 
(ESAP).  The  Giovemment  usually  does  not  consult  either  the  ZCTU  or  employers  be- 
fore implementing  policy  decisions  that  affect  the  workplace.  This  lack  of  consulta- 
tion often  results  in  reactions  that  disrupt  labor  relations,  thereby  promoting  uncer- 
tainty and  even  strikes.  Following  the  Government's  efTorts  in  December  to  impose 
huge  income  and  other  tax  increases  without  consultation,  the  ZCTU  organized  a 
nationwide,  1-day  work  stoppage,  which  was  described  as  the  most  successTul  indus- 
trial action  in  Zimbabwe's  history.  While  thousands  demonstrated  peacefully  in 
most  cities  throughout  the  country,  the  aggressive  police  tactics  (see  Section  2.b.) 
led  to  street  violence  in  Harare.  The  ZCTU  secretary  general  who  organized  the 


393 

work  stoppage  was  attacked  and  badly  beaten  in  a  raid  on  his  office  2  days  later. 
At  least  one  suspect  was  arrested  for  this  attack  by  year's  end. 

The  LRA  allows  for  the  formation  of  multiple  national  federations.  A  second  um- 
brella labor  organization,  the  Zimbabwe  Federation  of  Trade  Unions  (ZFTU),  was 
launched  in  October  1996  with  the  stated  purpose  of  providing  an  alternative  of  the 
ZCTU.  The  new  organization  states  that  its  goal  is  to  work  in  collaboration  with 
the  Government,  and  it  is  openly  critical  of  the  ZCTU.  The  ZFTU's  origin,  leader- 
ship, and  membership  remained  unclear  at  year's  end.  Although  key  personnel  have 
not  been  publicly  identified,  most  observers  believe  that  they  are  principally  former 
senior  ZCTU  leaders,  some  of  whom  were  involuntarily  separated  from  that  organi- 
zation. No  ZFTU  activity  has  been  observed. 

Public  servants  and  their  associations,  the  Public  Service  Association  (PSA),  the 
Zimbabwe  Teachers  Association  (ZIMTA),  and  the  Zimbabwe  Nurses  Association 
(ZINA),  are  not  covered  by  the  provisions  of  the  LRA.  Instead,  their  conditions  of 
employment  are  provided  for  under  the  Constitution.  Although  civil  servants  are 
constitutionally  barred  from  forming  unions,  in  1995  ZIMTA  stated  its  intention  to 
afiiliate  with  the  ZCTU  and  the  PSA  in  August.  All  public  servants  are  deemed  es- 
sential and  are  prohibited  from  striking.  Nonetheless,  a  nationwide,  civil  servant 
strike  rocked  the  country  in  August  1996,  followed  by  a  public  sector  doctors  and 
nurses  strike  in  October  1996.  Although  the  Government  declared  the  strikes  illegal, 
arrested  worker  representatives,  and  ordered  wholesale  dismissals,  many  were  ulti- 
mately rehired.  However,  despite  promises  to  the  contrary  strike  representatives 
were  not  allowed  to  return  to  their  jobs.  Public  service  wage  increases  above  the 
1997  inflation  rate  preempted  a  repeat  of  the  1996  strikes,  but  they  helped  set  the 
stage  for  a  series  ol  private  sector  wage  negotiation  strikes  that  were  popularly  de- 
scnoed  as  the  "winter  of  discontent." 

The  Labor  Relations  Amendment  Act  (LRAA)  of  1992  specifies  that  workers  may 
establish  independent  worker  committees,  which  exist  side  by  side  with  unions,  in 
each  plant.  Worker  committees  must  also  be  registered  with  the  MPSLSW,  which 
is  free  to  refuse  registration.  Trade  union  ofiicials  believe  that  the  formation  of 
worker  committees  was  an  attempt  to  dilute  union  authority.  However,  the  ineffec- 
tiveness of  worker  committees  demonstrated  the  need  for  the  experienced  worker 
representation  of  the  established  trade  unions. 

The  International  Conference  of  Free  Trade  Unions  (ICFTU)  has  criticized 
Zimbabwean  labor  legislation  for  giving  "wide  scope  to  the  authorities  to  declare 
that  a  given  enterprise  or  industry  constitutes  an  essential  service,  and  then  impose 
a  ban  (on  strikes)  on  it."  The  authority  to  reclassify  a  previously  nonessential  serv- 
ice as  essential  was  not  used  in  1997.  Workers  in  sectors  deemed  "nonessential" 
have  the  right  to  strike,  provided  the  union  advises  the  Government  2  weeks  in  ad- 
vance of  its  intention  to  do  so.  The  Government  has  often  declared  strikes  illegal 
on  the  basis  of  failure  to  give  timely  notice.  If  the  MPSLSW  finds  that  administra- 
tive requirements  were  not  met  for  a  strike,  it  can  issue  a  disposal  order  that  gives 
the  employer  the  right  to  dismiss  striking  workers.  There  were  no  reports  that  this 
occurred  in  1997.  More  than  100  collective  job  actions  were  reported  during  the 
year. 

The  ZCTU  and  its  officials  are  free  to  associate  with  international  labor  organiza- 
tions and  do  so  actively.  The  ZCTU  is  affiliated  with  the  ICFTU  and  the  Southern 
African  Trade  Union  Coordinating  Council. 

The  American  Federation  of  Labor/Congress  of  Industrial  Oi^anizations's  Amer- 
ican Centre  for  International  Labour  Solidarity  maintains  a  regional  office  based  in 
Harare. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  IJRA  provides  workers 
with  the  right  to  organize.  As  originally  enacted,  this  act  was  silent  on  the  right 
to  bargain  collectively.  However,  the  1992  LRAA  permits  unions  to  bargain  collec- 
tively over  wages.  Worker  committees,  which  are  oy  law  not  organizationally  part 
of  the  unions  or  the  ZCTU,  are  empowered  to  negotiate  with  the  management  of 
a  particular  plant  on  the  conditions  of  labor  and  codes  of  conduct  in  the  workplace, 
except  for  wages. 

Collective  bargaining  wage  negotiations  take  place  on  an  industry  wide  basis  be- 
tween the  relevant  union  and  employer  organizations  sitting  on  joint  employment 
boards  or  councils.  These  bodies  submit  their  agreements  to  the  Registrar  in  the 
MPSLSW  for  approval.  The  Government  retains  the  power  to  veto  agreements  that 
it  believes  would  harm  the  economy.  However,  it  did  not  directly  involve  itself  in 
labor  negotiations  unless  requested  to  do  so  by  one  of  the  two  parties.  When  no 
trade  union  represents  a  specific  sector,  representatives  of  the  organized  workers, 
such  as  the  professional  associations,  meet  with  the  employer  associations,  under 
the  mediation  of  labor  officers  from  the  MPSLSW.  Public  sector  wages  are  deter- 
mined by  the  Salary  Service  Department  of  the  MPSLSW,  subject  to  the  approval 


394 

of  an  indep>endent  Public  Service  Commission  (PSC).  Each  year  PSC  officials  meet 
with  PSA  representatives  to  review  wages  and  benefits.  These  reviews  result  in  a 
recommendation  that  is  forwarded  to  the  MPSLSW.  The  Minister  is  not  required 
by  law  to  accept  the  recommendation. 

Employees  aesignated  as  being  in  managerial  positions  are  excluded  from  union 
membership  and  thus  from  the  collective  bargaining  process.  There  were  some  re- 
ports that  nrms  designated  excessive  numbers  of  employees  as  being  in  managerial 
positions  in  order  to  exclude  them  from  the  collective  bargaining  exercises. 

The  LRA  prohibits  antiunion  discrimination  by  employers  against  union  members. 
Complaints  of  such  discrimination  are  referred  to  labor  relations  olTicers  and  may 
subsequently  be  adjudicated  by  the  Labor  Relations  Tribunal  (LRT).  Such  com- 
plaints are  handled  under  the  mechanism  for  resolving  cases  involving  "unfair  labor 
practices."  The  determining  authority  may  direct  that  workers  fired  due  to 
antiunion  discrimination  should  be  reinstated,  although  this  has  yet  to  be  utilized 
in  practice. 

The  LRAA  streamlined  the  procedure  for  adjudicating  disputes  by  strengthening 
the  LRT.  Now,  labor  relations  officers  hear  a  dispute;  their  decision   may  be  ap- 

eealed  to  regional  labor  relations  officers,  after  which  the  LRT  may  hear  the  case. 
Qtimately,  it  may  be  appealed  to  the  Supreme  Court.  In  1993  the  Government 
filled  long  vacant  positions  on  the  LRT,  but  at  year's  end  the  LRT  boards  were  still 
not  fully  stafTed. 

The  Export  Processing  Zones  Act  states  the  LRA  shall  not  apply  to  workers  in 
export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Government  prohibits  forced 
and  bonded  labor  by  children.  There  were  no  reports  that  it  occurred  (see  Section 
6.d.).  Compulsory  labor  is  prohibited  by  law,  and  there  were  no  reports  that  it  was 
practiced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment prohibits  forced  and  bonded  labor  by  children.  There  were  no  reports  that 
it  occurred  (see  Section  I.e.  ).  Legislation  passed  in  March  1997  bans  employment 
of  children  under  the  age  of  12  and  restricts  employment  of  those  between  the  ages 
of  12  and  17  to  light  work  during  school  holidays  for  periods  not  exceeding  6  hours 
per  day.  Light  work  is  defined  as  work  not  likely  to  prejudice  the  education,  health, 
safety,  rest  or  social,  physical,  or  mental  development  of  a  child.  All  hazardous  em- 

gloyment,  overtime  and  night  shifl  work  is  banned  for  those  under  the  age  of  18. 
hildren  work  in  the  agricultural  sector,  and  there  were  reports  that  children 
worked  in  the  domestic  worker  sector,  and  worked  as  car-watcners  on  the  streets. 
Although  schooling  is  not  compulsory,  over  90  percent  of  children  attend  school 
through  grade  5  (see  Section  5). 

Child  labor  in  the  formal  agricultural  sector,  such  as  on  tea  and  coffee  planta- 
tions, reportedly  involves  children  working  in  the  fields  after  school  during  the 
planting  and  harvesting  seasons  and  full-time  during  school  holidays.  Long  hours 
are  common.  Children  often  work  alongside  their  parents  and  their  working  condi- 
tions approximate  those  of  adults.  While  some  form  of  child  labor  or  child  work  on 
large  conunercial  farms  is  widespread,  agricultural  organizations  maintain  that  the 
labor  performed  is  not  exploitative,  involuntary,  contrary  to  law,  or  outside  of  cul- 
tural norms  that  allow  children  to  engage  in  field  work  with  their  families.  Anec- 
dotal evidence  suggests  some  school  schedules  and  calendars  are  tailored  to  allow 
children  to  work  in  the  fields  during  busy  farming  periods.  Economic  hardship  often 
makes  child  labor  imjaerative  for  families  to  make  ends  meet. 

The  AIDS  epidemic  is  resulting  in  increased  numbers  of  orphans,  street  children, 
and  child  laborers.  Similarly,  increased  economic  hardship  among  the  poor  results 
in  more  children  working.  Exploitation  of  children  as  domestic  workers  is  widely  dis- 
cussed, but  concrete  information  is  not  available. 

e.  Acceptable  Conditions  of  Work. — The  maximum  legal  workweek  is  54  hours,  and 
the  law  prescribes  a  minimum  of  one  24-hour  rest  period  per  week.  Working  condi- 
tions are  regulated  by  the  Government  on  an  industry-specific  basis.  The  Constitu- 
tion empowers  the  PSC  to  set  conditions  of  employment  in  the  public  sector.  Govern- 
ment regulations  for  each  of  the  22  industrial  sectors  continue  to  specify  minimum 
wages,  hours,  holidays,  and  required  safety  measures.  In  recent  years,  in  an  effort 
to  opt  out  of  the  wage  bargaining  system,  the  Government  mandated  wage  param- 
eters and  specified  minimum  wage  increases  only  for  domestics  and  gardeners.  Due 
to  an  ineffective  monitoring  system,  many  such  workers  are  remunerated  below  the 
minimum  wage. 

The  minimum  monthly  wage  for  domestics  and  gardeners  of  approximately  $35 
(Z$450  and  Z$400  respectively)  is  the  de  facto  minimum  wage  for  other  workers.  In 
most  instances,  the  employer  must  provide  housing  and  food  to  workers  or  allow- 
ances for  such.  On  commercial  farms,  the  employer  may  provide  schooling  for  work- 


395 

ers'  children.  The  minimum  wage  is  not  sufTicient  to  sustain  a  decent  standard  of 
living  for  a  worker  and  family.  The  ZCTU  pegs  Zimbabwe's  poverty  datum  line  at 
$200  per  month  (Z$2,400).  Workers  in  sectors  covered  under  collective  bargaining 
agreements  received  wage  increases  averaging  28  percent  following  numerous 
strikes  (inflation  hovers  at  about  21  percent).  In  theory,  labor  relations  officers  from 
the  MPSLSW  are  assigned  to  monitor  developments  in  each  plant  to  assure  that 
government  minimum  wage  policy  and  occupational  health  and  safety  regulations 
are  observed.  In  practice,  these  offices  are  understafTed,  cannot  afford  to  routinely 
inspect  workplaces,  and  must  rely  on  voluntary  compliance  and  reporting  by  em- 
ployers. 

Approximately  200  work-related  deaths  and  12,000  occupational  injuries  were  re- 
ported in  the  first  half  of  1997.  Many  of  the  basic  legal  protections  do  not  apply  to 
the  vast  majority  of  farm,  mine,  and  domestic  workers.  Unions  charge  that  there 
are  no  general  standards  for  the  work  environment,  such  as  threshold  limits  for 
manually  lifted  weights  or  conditions  for  pregnant  workers.  Health  and  safety 
standards  are  determined  only  on  an  industry-specific  basis.  The  Government  inter- 
venes on  a  selected  basis  (and  often  seemingly  in  response  to  the  most  recent  acci- 
dent) and  sets  standards  by  regulation  in  some  industries.  In  theory  workers  have 
a  legal  right  to  remove  themselves  from  dangerous  work  situations  without  jeopardy 
to  continued  employment;  in  practice  they  risk  the  loss  of  their  livelihood. 


LATEV  AMERICA  AND  THE  CARIBBEAN 


ANTIGUA  AND  BARBUDA 

Antigua  and  Barbuda  is  a  multiparty,  parliamentary  democracy  and  a  member  of 
the  Commonwealth  of  Nations.  A  prime  minister,  a  cabinet,  and  a  bicameral  legisla- 
tive assembly  compose  the  Government.  A  Governor  General,  appointed  by  the  Brit- 
ish monarch,  is  the  titular  head  of  state,  with  largely  ceremonial  powers.  Prime 
Minister  Lester  B.  Bird's  Antigua  Labour  Party  (ALP)  has  controlled  the  Govern- 
ment and  Parliament  since  1976.  During  the  last  elections  in  March  1994,  the  ALP 
retained  power  by  capturing  10  of  17  parliamentary  seats,  down  from  the  15  it  held 
under  the  administration  of  V.C.  Bird  Sr.,  the  current  Prime  Minister's  father.  The 
Governor  General  appoints  the  15  senators,  11  with  the  advice  of  the  Prime  Min- 
ister and  4  with  the  advice  of  the  opposition  leader.  The  judiciary  is  independent. 

Security  forces  consist  of  a  police  force  and  the  small  Antigua  and  Barbuda 
Defence  Force.  The  police  are  organized,  trained,  and  supervised  according  to  Brit- 
ish law  enforcement  practices  and  have  a  reputation  for  respecting  individual  rights 
in  the  performance  of  their  duties. 

Antigua  and  Barbuda  has  a  mixed  economy  with  a  strong  private  sector.  Tourism 
is  the  most  important  source  of  foreign  exchange  earnings.  The  country  is  burdened 
by  a  large  and  growing  external  debt,  which  remains  a  serious  economic  problem. 
Per  capita  gross  national  product  was  about  $7,800  in  1996. 

Although  the  Government  generally  respected  constitutional  provisions  for  politi- 
cal and  civil  rights,  opposition  parties  complained  that  they  received  no  coverage  or 
opportunity  to  express  their  views  on  the  government-controlled  electronic  media. 
Societal  discrimination  and  violence  against  women  also  continued  to  be  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices,  and  the  authorities  generally  respected 
these  prohibitions. 

Conditions  at  the  lone,  18th-century-vintage  prison  are  primitive.  While  the  pris- 
on is  not  overcrowded,  death  row  prisoners  get  exercise  only  three  times  a  week, 
and  all  prisoners  receive  only  one  meal  a  day,  consisting  mostly  of  cornmeal  mush 
and  a  small  piece  of  fish  or  chicken.  Prisoners  are  permitted  to  supplement  their 
diet  if  their  relatives  are  able  to  bring  food  to  the  prison. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention,  and  the  Government  respects  these  provisions  in  practice.  Crimi- 
nal defendants  have  the  right  to  a  judicial  determination  of  the  legality  of  their  de- 
tention. The  police  must  bring  detainees  before  a  court  within  48  hours  of  arrest 
or  detention. 

There  were  no  reports  of  involuntary  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice. 

The  judicial  system  is  part  of  the  Eastern  Caribbean  legal  system  and  reflects  his- 
torical ties  to  the  United  Kingdom.  The  Privy  Council  in  London  is  designated  by 
the  Constitution  as  the  final  court  of  appeal,  which  is  invariably  employed  in  the 
case  of  death  sentences.  There  are  no  military  or  political  courts. 

The  Constitution  provides  that  criminal  defendants  receive  a  fair,  open,  and  pub- 
lic trial.  In  capital  cases  only,  the  Government  provides  legal  assistance  at  public 

(397) 


398 

expense  to  persons  without  the  means  to  retain  a  private  attorney.  Courts  can  reach 
verdicts  quickly,  with  some  cases  coming  to  conclusion  in  a  matter  of  days. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices.  Government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech, 
of  the  press,  and  other  forms  of  communication.  Although  the  authorities  generally 
respect  these  provisions  in  practice,  the  Government  has  restricted  opposition  par- 
ties' access  to  electronic  media,  elTectively  denying  them  equal  coverage.  The  Gov- 
ernment owns  one  of  the  two  general  interest  radio  stations  and  the  single  tele- 
vision station.  A  religious  station  broadcasts  without  impediment.  One  of  the  Prime 
Minister's  brothers  owns  the  second  radio  station,  and  another  brother  is  the  prin- 
cipal owner  of  the  sole  cable  television  company.  The  government-controlled  media 
report  regularly  on  the  activities  of  the  Government  and  the  ruling  party,  but  limit 
the  coverage  and  access  of  opposition  parties.  These  restrictions  led  opposition  lead- 
er Baldwin  Spencer  to  initiate  a  constitutional  challenge  in  1993,  ana  in  March  the 
High  Court  determined  that  Spencer  had  been  discriminated  against  and  denied  his 
constitutional  right  to  freedom  of  expression.  The  presiding  judge  called  on  the  Gov- 
ernment to  provide  the  opposition  greater  media  access  in  the  future;  however,  this 
ruling  had  limited  impact  in  practice. 

Daily  and  weekly  newspapers  offering  a  range  of  opinion  are  active  and  often  pub- 
lish vigorous  criticism  of  the  Government  without  government  interference.  Never- 
theless, when  the  sole  daily  newspaper  tried  to  start  a  radio  station  in  1996,  it  was 
unable  to  secure  a  license  to  operate.  After  waiting  for  more  than  1  year  for  a  li- 
cense, the  station  began  broadcasting  and  the  police  closed  it  after  1  day.  The  au- 
thorities charged  the  owners  with  operating  a  radio  station  without  a  license;  the 
charges  were  still  pending  at  year's  end.  The  owners  sued  the  State  in  December 
1996  for  illegal  search  and  seizure  and  claimed  that  their  constitutional  right  to 
broadcast  had  been  violated.  In  December  the  judge  ruled  that  constitutional  rights 
had  not  been  violated  even  though  the  owners  could  rightly  claim  significant  delay; 
the  judge  found  that  the  Government  had  not  been  inconsistent  in  this  case,  since 
it  had  not  granted  other  licenses.  The  owners  appealed  the  case,  pointing  out  that 
a  progovemment  station  had  recently  been  granted  a  license. 

The  Government  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  peaceful  assembly.  The  police  normally  issue  the  required  permits  for 
public  meetings,  but  sometimes  deny  them  in  order  to  avert  violent  confrontations. 
While  the  authorities  placed  some  restrictions  on  demonstrations  in  the  past,  the 
opposition  held  numerous  rallies,  public  meetings,  and  a  large  march  with  no  inter- 
ference. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice. 

There  were  no  reports  of  forced  expulsion  of  anyone  having  a  valid  claim  to  refu- 
gee status.  The  issue  of  provision  of  first  asylum  did  not  arise.  However,  government 
practice  on  refugee  and  asylum  cases  remains  undefined. 

The  Government  accepted  approximately  3,000  residents  of  Montserrat  who  fled 
volcanic  eruptions.  This  influx  placed  a  serious  burden  on  the  country's  social  serv- 
ices, and  the  Government  asked  the  United  Kingdom  for  assistance  in  meeting  these 
needs.  Despite  the  additional  burdens,  the  Government  continued  to  welcome 
Mouse rrat  refugees. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  Constitution  provides  for  a  multiparty  political  system  accommodating  a  wide 
spectrum  of  political  viewpoints.  All  citizens  18  years  of  age  and  older  may  register 
and  vote  by  secret  ballot.  The  Constitution  requires  general  elections  at  least  every 
5  years.  The  law  obligates  the  Government  to  hold  voter  registration  during  a  fixed 

fieriod  (of  only  5  days)  each  year,  and  parties  conduct  their  own  registration  drives 
ree  of  government  interference. 

Except  for  a  period  in  opposition  from  1971  to  1976,  the  ALP  has  held  power  con- 
tinuously since  1951.  The  opposition  has  charged  that  the  ALPs  longstanding  mo- 
nopoly on  patronage  and  its  influence  over  access  to  economic  opportunities  make 


399 

it  extremely  difficult  for  opposition  parties  to  attract  membership  and  financial  sup- 
port. In  1992  public  concern  over  corruption  in  government  spawned  the  merger  of 
three  opposition  political  parties  into  the  United  Progressive  Party  (UPP).  The  UPP 
increased  its  representation  to  seven  seats  from  five  during  the  1994  election.  Oppo- 
sition and  press  regularly  charge  members  of  the  Government  with  corrupt  prac- 
tices. 

No  women  have  been  elected  or  currently  serve  in  the  House  of  Representatives. 
Two  women  are  senators,  which  are  appointed  positions.  Eight  of  the  14  permanent 
secretaries  (the  top  civil  servant  position  in  ministries)  are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
While  there  are  no  governmental  restrictions,  no  local  human  rights  groups  have 
been  formed.  There  were  no  requests  for  human  rights  investigations  or  inquiries 
from  individuals  or  international  human  rights  groups  during  the  year.  The  Govern- 
ment created  and  filled  the  post  of  human  rights  ombudsman. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  discrimination  based  on  race,  sex,  creed,  language,  or  social  sta- 
tus, and  the  Government  generally  observed  its  provisions. 

Women. — Violence  against  women  is  a  recognized  social  problem.  It  is  treated  as 
a  matter  of  public  conscience,  and  there  are  nongovernmental  social  welfare  groups 
focused  on  the  problem.  Women  in  many  cases  are  reluctant  to  testify  against  their 
abusers.  Police  generally  refrain  from  intervening  in  cases  of  domestic  violence,  and 
some  women  have  charged  credibly  that  the  courts  are  lenient  in  such  cases. 

While  the  role  of  women  in  society  is  not  legally  restricted,  economic  conditions 
tend  to  limit  women  to  home  and  family,  particularly  in  rural  areas,  although  some 
women  work  as  domestics,  in  agriculture,  or  in  the  large  tourism  sector.  Although 
the  Government  pledged  to  provide  better  family  planning  services,  educational  op- 
portunities, and  job  training,  it  has  been  slow  to  implement  new  programs.  The  Di- 
rectorate of  Women's  Affairs  exists  to  help  women  advance  in  government  and  the 
professions,  but  progress  was  slow. 

Children. — The  Government  provides  education  for  children  through  the  age  of  16, 
and  children  have  access  to  health  care  and  other  public  services. 

Child  abuse  remains  a  hidden  problem.  While  the  Government  has  repeatedly  ex- 
pressed its  commitment  to  children's  rights,  it  has  done  little  to  protect  those  rights 
in  practice.  The  Government  pledged  to  establish  a  committee  on  children's  rights 
and  indicated  it  intends  to  strengthen  monitoring  and  implementation  of  the  United 
Nations  Convention  on  the  Rights  of  the  Child.  Hie  United  Nations  Children's  Fund 
helped  support  a  study  of  the  needs  of  children  and  families,  and  its  recommenda- 
tions are  oeing  used  to  develop  a  National  Plan  of  Action  on  Child  Survival,  Devel- 
opment, and  Protection. 

People  With  Disabilities. — There  are  no  specific  laws  mandating  accessibility  for 
the  disabled,  but  there  are  constitutional  provisions  that  prohibit  discrimination 
against  the  physically  disabled  in  employment  and  education.  There  is  no  evidence 
of  widespread  discrimination  against  physically  disabled  individuals,  although  the 
Government  does  not  visibly  enforce  the  constitutional  antidiscrimination  provi- 
sions. 

Section  6.  Worker  Rights: 

a.  The  Right  of  Association. — Workers  have  the  right  to  associate  freely  and  to 
form  labor  unions,  and  the  authorities  generally  respect  these  rights  in  practice.  Al- 
though fewer  than  50  percent  of  workers  belong  to  unions,  the  important  hotel  in- 
dustry is  heavily  unionized.  There  are  two  major  trade  unions:  the  Antigua  Trades 
and  Labour  Union  (ATLU)  and  the  Antigua  Workers'  Union  (AWU).  The  ATLU  is 
associated  with  the  ruling  ALP,  while  the  larger  and  more  active  AWU  is  rather 
loosely  allied  with  the  opposition. 

The  Labor  Code  recognizes  the  right  to  strike,  but  the  Industrial  Relations  Court 
may  limit  this  right  in  a  given  dispute.  Once  either  party  to  a  dispute  requests  the 
court  to  mediate,  there  can  be  no  strike.  Because  of  the  delays  associated  with  this 
process,  unions  often  resolve  labor  disputes  before  a  strike  is  called. 

Unions  are  free  to  affiliate  with  international  labor  organizations  and  do  so  in 
practice. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Labor  organizations  are  free 
to  organize  and  bargain  collectively.  The  law  prohibits  antiunion  discrimination,  and 
there  were  no  reports  that  it  occurred.  Employers  found  guilty  of  antiunion  discrimi- 
nation are  not  required  to  rehire  employees  fired  for  union  activities,  but  must  pay 
full  severance  pay  and  full  wages  lost  by  the  employee  from  the  time  of  firing  until 


400 

the  determination  of  employer  fault.  There  are  no  areas  of  the  country  where  union 
organization  or  collective  bargaining  is  discouraged  or  impeded. 

There  are  no  export  processing  zones.  However,  in  anticipation  of  such  a  zone,  the 
Giovemment  passed  legislation  in  1993,  appointed  a  commissioner  in  1996,  and 
named  a  board  in  February  to  oversee  potential  development. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  forbids  slavery 
and  forced  labor,  including  that  of  children,  and  they  do  not  exist  in  practice. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
stipulates  a  minimum  working  age  of  13  years,  which  is  respected  in  practice.  The 
tripartite  National  Labor  Advisory  Board  recommended  in  September  1996  that  the 
minimum  age  be  raised  to  16,  which  would  correspond  with  the  Education  Act.  The 
law  prohibits  forced  or  bonded  child  labor,  and  it  is  effectively  enforced  (see  Section 
6.C.).  The  Ministry  of  Labor,  which  is  required  by  law  to  conduct  periodic  inspections 
of  workplaces,  has  responsibility  for  enforcement.  There  have  been  no  reports  of 
minimum  age  employment  violations.  The  political  strength  of  the  two  major  unions 
and  the  powerful  influence  of  the  Government  on  the  private  sector  combine  to 
make  the  Ministry  of  Labor  very  effective  in  enforcement  in  this  area. 

e.  Acceptable  Conditions  of  Work. — The  law  established  minimum  wages  for  var- 
ious work  categories  in  1981.  The  lowest  minimum  wage,  for  domestic  workers,  is 
$0.46  (EC$1.25)  per  hour;  the  highest  minimum  wage,  for  skilled  labor,  is  $1.30 
(EC$3.50)  per  hour.  Most  minimum  wages  would  not  provide  a  decent  standard  of 
living  for  a  worker  and  family,  but  in  practice  the  great  majority  of  workers  earn 
substantially  more  than  the  minimum  wage.  There  was  consideration  of  reactivating 
the  tripartite  advisory  board  to  review  the  outdated  1981  rates. 

The  law  permits  a  maximum  48-hour,  6-day  workweek,  but  in  practice  the  stand- 
ard workweek  is  40  hours  in  5  days.  The  law  provides  workers  a  minimum  of  12 
days  of  annual  leave.  There  is  no  law  that  provides  for  maternity  leave,  but  general 

gractice  arising  from  the  collective  bargaining  process  is  to  provide  up  to  13  weeks, 
mployers  generally  pay  40  percent  of  wages  for  8  weeks  of  leave,  while  social  secu- 
rity pays  60  percent.  The  remaining  weeks  are  paid  at  60  percent  by  social  security. 
Where  no  collective  agreement  exists,  social  security  pays  60  percent  for  13  weeks. 
The  Government  has  not  yet  developed  occupational  health  and  safety  laws  or 
regulations.  Plans  to  incorporate  comprehensive  legislation  on  safety,  health,  and 
the  welfare  of  workers  into  the  existing  Labor  Code  have  not  yet  been  implemented. 
There  is  no  specific  provision  for  a  worker  to  leave  a  dangerous  workplace  situation 
without  jeopardy  to  continued  employment. 


ARGENTINA 

Argentina  is  a  federal  constitutional  democracy  with  an  executive  branch  headed 
by  an  elected  president,  a  bicameral  legislature,  and  a  separate  judiciary.  In  1995 
voters  reelected  President  Carlos  Saul  Menem  to  a  second  term  that  runs  until 
1999.  The  judiciary  is  independent  but  inefTicient. 

The  President  is  the  constitutional  commander  in  chief,  and  a  civilian  Defense 
Minister  oversees  the  armed  forces.  Several  law  enforcement  agencies  share  the  re- 
sponsibility for  maintaining  law  and  order.  The  Federal  Police  report  to  the  Interior 
Minister,  as  do  the  Border  Police  and  Coast  Guard.  Provincial  police  are  subordinate 
to  the  respective  provincial  governors.  Members  of  the  police  continued  to  commit 
human  rights  abuses. 

Argentina  has  a  mixed  agricultural,  industrial,  and  service  economy.  An  economic 
reform  and  structural  adjustment  program  has  led  to  high  growth  with  low  inflation 
and  spurred  competitiveness.  Gross  domestic  product  (GDP)  increased  about  8  per- 
cent, and  per  capita  GDP  was  $8,900.  As  a  result  of  privatization,  private  sector  ad- 
justment, and  rapid  labor  force  growth,  the  national  unemployment  rate,  although 
declining  slowly,  remained  high  at  16  percent.  The  high  cost  of  living  affected  those 
on  low  fixed  incomes  the  most,  although  the  entire  country  benefited  from  the  end 
of  hvperinfiation. 

The  Government  generally  respected  the  human  rights  of  its  citizens;  however, 
there  were  problems  in  some  areas.  There  continued  to  be  instances  of  extrajudicial 
killings  and  brutality  by  the  police,  who  also  arbitrarily  arrested  and  detained  citi- 
zens. However,  the  authorities  took  action  to  prosecute  or  punish  a  number  of  per- 
sons for  such  abuses.  Prison  conditions  are  poor.  The  judicial  system  is  subject  to 
political  influence  at  times  and  to  inordinate  delays,  resulting  in  lengthy  pretrial  de- 
tention. There  were  numerous  threats  against  journalists,  and  one  journalist  was 
killed.  Discrimination  and  violence  against  women  are  also  problems. 


401 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  politically 
motivated  extrajudicial  killings. 

Police  officers,  however,  were  believed  responsible  for  a  number  of  extrajudicial 
killings.  The  authorities  investigated  and  in  some  cases  detained,  tried,  and  con- 
victea  the  officers  involved.  A  former  police  chief  in  the  province  of  Buenos  Aires 
was  arrested  on  suspicion  of  carrying  out  the  brutal  murder  in  January  of  news  pho- 
tographer Jose  Luis  Cabezas  (see  Section  2. a.).  In  April  a  young  woman,  Teresa 
Rodriguez,  was  killed  when  police  in  the  province  of  Neuquen,  reinforced  by  federal 
border  guards,  broke  up  a  demonstration  by  striking  teachers  and  unemployed 
workers  in  the  town  of  Cutral-co.  The  bullet  that  killed  her  apparently  was  fired 
from  a  police  weapon,  although  this  could  not  be  confirmed. 

In  April  a  court  in  the  Buenos  Aires  provincial  town  of  Lomas  de  Zamora  sen- 
tenced two  provincial  police  officers  to  8  years  in  prison  in  the  1992  death  of  19- 
year-old  Anibal  Romero,  shot  and  killed  while  attempting  to  avoid  arrest  on  sus- 
picion of  armed  robbery. 

In  July  the  Catholic  bishop  of  the  province  of  Santiago  del  Estero  led  a  public 
march  to  protest  the  killing  of  15-year-old  Juan  Gonzalez,  allegedly  by  a  provincial 
policeman. 

In  November  the  authorities  arrested  and  indicted  five  Mendoze  provincial  police- 
men in  connection  with  the  October  death  of  18-year-old  Sebastian  Bordon,  a  high 
school  student  from  Buenos  Aires  province.  For  reasons  that  remain  unclear, 
Bordon,  who  was  on  a  school  trip,  was  left,  in  the  custody  of  Mendoza  police.  His 
body  was  found  several  days  later  in  a  rugged  area  of  the  province.  The  five  officers 
arrested  in  the  case  are  expected  to  be  tried  in  March  or  April,  1998. 

Suspected  police  involvement  in  the  Cabezas  murder  increased  the  pressure  on 
the  governor  of  the  province  of  Buenos  Aires,  Eduardo  Duhalde,  to  reform  the  pro- 
vincial police  force.  He  relieved  hundreds  of  officers  from  duty  under  a  1996  law  en- 
abling the  provincial  government  to  fire  police  for  cause  without  lengthy  adjudica- 
tion procedures.  In  June  the  Government  created  a  new  office  within  the  Secretariat 
of  Security  to  monitor  the  activities  of  the  provincial  police  and  receive  public  com- 
plaints of  abuse  of  police  authority.  In  September  the  Government  published  a  new 
Eolice  instruction  manual  incorporating  a  report  on  police  violence  by  the  Center  for 
egal  and  Social  Studies,  a  nongovernmental  human  rights  group.  The  governor  told 
a  meeting  of  senior  police  ofilcers  that  reforms  were  essential  to  restore  public  con- 
fidence in  the  force. 

In  June  a  court  sentenced  a  Buenos  Aires  provincial  policeman  to  11  years  in  pris- 
on for  killing  Roberto  Roldan,  who  was  shot  in  February  1996  while  seated  in  the 
back  of  a  car  that  was  rushing  his  daughter  to  a  hospital  in  the  Buenos  Aires  sub- 
urb of  Avellaneda.  In  October  a  court  sentenced  three  Buenos  Aires  provincial  po- 
licemen to  life  in  prison  and  a  fourth  to  15  years  in  prison  in  connection  with  the 
1996  killing  of  16-year-old  Cristian  Campos  in  the  city  of  Mar  del  Plata. 

In  April  a  court  in  the  capital  city  of  Buenos  Aires  accused  police  authorities  of 
inaction  in  apprehending  a  fugitive  federal  policeman,  Angel  Petronio,  who  was  con- 
victed in  1994  of  attempted  homicide.  In  July  a  border  policeman  was  sentenced  to 
8  years  in  prison  on  a  charge  of  attempted  homicide  in  the  March  1996  shooting 
of  two  teenage  girls  in  Buenos  Aires.  In  September  a  court  in  the  capital  city  sen- 
tenced a  federal  police  ofilcer  to  18  years  in  prison  for  the  1996  killing  of  17-year- 
old  Marcelo  Mirabete. 

In  September  the  second  trial  in  2  years  in  the  death  of  Maria  Soledad  Morales 
opened  in  the  province  of  Catamarca.  The  young  girl's  body  was  found  in  a  ditch 
beside  a  highway  in  1990,  and  several  police  officers  were  suspected  of  helping  to 
cover  up  the  crime.  A  1996  trial  had  ended  without  a  verdict  when  one  of  the  judges 
resigned. 

A  former  Buenos  Aires  provincial  policeman,  one  of  five  indicted  in  1993  for  the 
murder  of  17-year-old  Sergio  Duran,  was  arrested  in  October  after  eluding  capture 
for  4  years. 

The  authorities  charged  eight  army  officers  with  attempting  to  cover  up  the  1994 
murder  in  the  province  of  Neuquen  of  army  recruit  Omar  Carrasco,  who  was  beaten 
to  death  in  a  hazing  incident.  The  Carrasco  murder  led  to  increased  public  pressure 
against  compulsory  military  service,  which  the  Government  later  abolished.  In  Sep- 
tember attorneys  for  the  three  officers  who  in  January  1996  were  convicted  of  carry- 
ing out  the  murder  said  that  they  would  request  a  review  of  the  case  based  on  new 
expert  testimony  regarding  the  cause  of  Carrasco's  death. 

In  September  the  Jewish  community  released  a  100-page  report  criticizing  the 
Government's  handling  of  investigations  into  the  1992  bombing  of  the  Israeli  Em- 


402 

bassy,  which  killed  29  persons,  and  the  1994  bombing  of  the  AMIA  Jewish  cultural 
center,  which  killed  87  persons.  The  Islamic  Jihad  terrorist  group  had  claimed  re- 
sponsibility for  the  embassy  attack.  In  November  a  congressional  commission  discov- 
ered that  one  of  the  four  policemen  charged  in  connection  with  the  AMIA  bombing, 
Juan  Jose  Ribelli,  received  $2.5  million  1  week  before  the  bombing.  Investigators 
also  determined  that  police  officers  provided  a  stolen  van  for  the  AMIA  car  bombing. 
Investigations  of  both  bombings  were  continuing  at  year's  end. 

In  October  a  Spanish  court  issued  arrest  warrants  for  the  former  chief  of  the  Ar- 
gentine navy  and  10  aides  on  charges  of  genocide  during  the  197&-83  "dirty  war" 
waged  by  the  military  governments.  The  Spanish  judge  had  previously  ordered  the 
arrest  of  Leopoldo  Galtieri,  the  army  general  who  served  as  president  when  a  mili- 
tary junta  ruled  the  country  in  1981-82.  The  court  also  brought  charges  of  genocide 
against  former  naval  officer  Adolfo  Scilingo,  who  went  to  Spain  to  testify  in  the  in- 
vestigation (see  Section  l.b.).  On  December  30,  the  Spanish  judge  issued  charges 
against  another  36  Argentine  military  and  police  officials,  whose  names  were  pro- 
vided by  Scilingo.  According  to  press  reports,  in  response  to  a  request  from  the 
Spanish  Government,  the  Swiss  Government  agreed  to  freeze  the  bank  accounts  of 
four  of  the  Argentine  officers  charged. 

In  July  a  court  sentenced  Enrique  Gorriaran  Merlo  to  life  imprisonment  for  lead- 
ing a  1989  guerrilla  attack  on  the  army's  La  Tablada  barracks,  in  which  34  people 
were  killed.  It  also  sentenced  his  ex-wife.  Ana  Maria  Sivori,  to  18  years  in  jail  for 
her  role  in  the  attack. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

There  were  no  new  developments  in  the  case  of  the  police  officers  ordered  arrested 
for  the  torture  death  of  23-year-old  student  Miguel  Bru,  who  disappeared  in  1993. 
An  arbitral  panel  ordered  payment  of  an  indemnity  of  $136,000  to  the  family  of 
Cristian  Guardatti,  last  seen  in  the  custody  of  provincial  police  in  1992.  This  arbi- 
tration was  a  product  of  amicable  settlement  procedures,  achieved  through  the  good 
offices  of  the  Inter-American  Commission  on  Human  Rights  (lACHR).  At  year's  end, 
the  Government  stated  it  was  taking  steps  to  arrange  payment  of  the  arbitral 
award.  The  lACHR  referred  the  question  of  compensation  for  the  families  of  Adolfo 
Garrido  and  Raul  Baigorria,  who  disappeared  in  1990,  to  the  Inter-American  Court 
of  Human  Rights.  An  ad  hoc  investigative  commission  and  an  arbitral  commission, 
established  by  the  province  of  Mendoza  in  1996,  submitted  reports  to  the  court, 
which  was  expected  to  hear  the  case  in  early  1998. 

The  fate  of  the  thousands  who  disappeared  under  the  1976-83  military  regime 
continued  to  claim  public  attention.  In  April  a  Madrid  newspaper  reported  that 
Spanish  intelligence  services  had  microfilmed  the  records  of  the  regime's  war 
against  leftist  subversion.  The  Spanish  Government,  however,  denied  the  report.  In 
June  a  Buenos  Aires  television  station  claimed  that  it  had  obtained  the  transcript 
of  the  military  interrogation  of  a  prominent  journalist  who  disappeared  in  1977, 
suggesting  that  there  might  be  otner  such  records  in  existence.  The  manner  in 
which  the  document  was  publicized,  however,  cast  doubt  on  its  authenticity. 

In  June  a  court  ordered  the  release  from  prison  of  former  naval  officer  Adolfo 
Scilingo,  who  in  1995  claimed  in  a  newspaper  interview  that  fellow  officers  had 
rounded  up  alleged  subversives  during  the  military  dictatorship  and  thrown  them 
to  their  deaths  from  airplanes  over  the  River  Plate.  He  added  that  he  had  partici- 
pated in  two  such  flights.  Four  assailants  attacked  Scilingo  in  September;  they 
carved  on  his  face  the  initials  of  journalists  who  had  interviewed  him  and  warned 
him  to  stop  speaking  to  the  press.  In  October  Scilingo  went  to  Spain  to  testify  before 
judge  Baltasar  Garzon,  who  was  conducting  an  investigation  into  the  disappearance 
ana  death  of  Spanish  citizens  in  Argentina  during  the  military  regime.  The  judge 
ordered  him  arrested,  and  he  was  in  jail  at  year's  end,  awaiting  trial  on  charges 
of  genocide  (see  also  Section  l.a.). 

The  federal  appeals  court  in  Buenos  Aires  continued  its  investigation  into  the  fate 
of  those  who  disappeared  during  the  dictatorship.  The  court  cannot  impose  sentence 
on  those  responsible  for  the  disappearances  wno  benefited  from  government  par- 
dons. In  October,  however,  federal  prosecutor  Miguel  Angel  Osorio  raised  questions 
about  the  pardons  in  a  request  to  federal  judge  Gustavo  Literas  to  investigate  the 
activities  of  certain  military  leaders  pardoned  in  1989.  Federal  judge  Adolfo 
Bagnasco  continued  an  investigation  into  the  fate  of  children  of  persons  who  dis- 
appeared. 

In  June  the  authorities  confirmed  that  former  navy  Captain  Alfredo  Astiz,  who 
was  removed  from  the  armed  forces  in  1996  because  of  his  alleged  torture  and  mur- 
der of  two  French  nuns  and  a  teenager  at  the  Navy  Mechanics  School  in  Buenos 
Aires  in  1977,  was  working  for  the  navy  again.  The  Minister  of  Defense  ordered  the 
navy  to  give  him  no  further  work. 


403 

In  May  the  Mothers  of  the  Plaza  de  Mayo,  a  human  rights  group,  asked  the  Ital- 
ian Ministry  of  Justice  to  prosecute  Cardinal  Pio  Laghi  for  an  alleged  role  in  tor- 
ture, murder,  and  kidnaping  while  he  was  Papal  Nuncio  in  Argentina  from  1974  to 
1980.  The  group  charged  that  he  had  first  hand  knowledge  of  abuses  perpetrated  on 
suspected  political  dissidents  by  members  of  the  military  government;  tne  cardinal 
denied  the  allegations.  The  Government  of  Italy  took  no  action  in  the  matter. 

Most  reliable  estimates  place  the  number  of  those  who  disappeared  during  the 
dirty  war  between  10,000  and  15,000.  In  1984  the  National  Commission  on  Dis- 
appeared Persons  (CONADEP)  issued  a  report  that  lists  8,961  names,  based  on  pub- 
lic testimony  from  friends,  relatives,  and  other  witnesses.  Since  then,  the  Ministry 
of  the  Interior's  Subsecretariat  for  Human  and  Social  Rights,  which  inherited  the 
CONADEP  files,  has  added  over  700  new  names,  also  based  on  voluntary  reporting. 
At  the  same  time,  other  names  have  been  removed  from  the  original  list,  either 
through  confirmation  of  the  death  or  survival  of  the  person  who  disappeared,  or 
through  the  identification  of  duplicate  entries.  The  absence  of  documentary  records 
of  those  who  disappeared  means  that  the  human  rights  secretariat,  like  CONADEP 
before  it,  must  rely  on  public  testimony,  either  voluntary  or  court-ordered.  As 
CONADEP  noted  in  its  report:  "It  has  been  possible  to  determine  that  an  important 
quantity  of  documentation  existed  which  has  been  destroyed  or  which  is  being  con- 
cealed by  those  responsible  for  the  repression." 

The  human  rights  secretariat  has  received  over  9,600  claims  for  compensation 
from  former  prisoners  of  the  military  regime  and  approved  8,000  of  them.  It  has  re- 
ceived 7,000  claims  from  the  families  of  persons  who  died  or  disappeared  and  ap- 
proved 1,500  of  them.  The  law  provides  that  the  families  of  persons  who  dis- 
appeared may  submit  claims  for  compensation  until  the  year  2000.  The  Government 
announced  in  August  that  it  plans  to  issue  an  estimated  $3  billion  in  bonds  to  com- 
pensate families  of  those  who  disappeared. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture,  and  the  Criminal  Code  provides  penalties  for  tor- 
ture that  are  similar  to  those  for  homicide.  Nevertheless,  police  brutality  remains 
a  serious  problem.  In  June  the  U.N.  Committee  Against  Torture  criticized  the  Gov- 
enmient  for  tolerating  the  continued  practice  of  torture  in  police  stations  and  pris- 
ons. 

In  January  the  Government  of  Buenos  Aires  province  dismissed  eight  police  offi- 
cers for  their  role  in  violently  repressing  a  student  demonstration  at  the  La  Plata 
police  headquarters  in  February  1996.  In  February  a  court  ordered  the  federal  police 
to  pay  $10,000  (10,000  pesos)  to  Hector  Gonzalez,  who  was  a  victim  of  a  police  beat- 
ing during  a  1992  incident  in  a  Buenos  Aires  train  station. 

The  Commission  for  Relatives  of  Victims  of  Social  and  Institutional  Violence 
(Cofavi)  works  to  obtain  justice  in  instances  of  police  brutality  and  reportedly  ob- 
tained 32  convictions  for  violent  crimes  in  cases  it  brought  against  police  officers 
since  1992.  Cofavi  and  other  human  rights  groups  assert  there  has  been  an  increase 
in  the  number  of  documented  cases  oT  police  brutality,  highlighted  by  the  Bordon 
and  Campos  killings  (see  Section  l.a.). 

Prison  conditions  are  poor  in  a  number  of  overcrowded  jails  where  the  facilities 
are  old  and  dilapidated.  According  to  the  New  Rights  of  Man,  a  nongovernmental 
human  rights  organization,  a  federal  prosecutor  reported  numerous  problems,  in- 
cluding cellblock  flooding,  inadequate  electrical  wiring,  broken  windows,  poor  sani- 
tary conditions,  and  insufficient  food  in  federal  penitentiary  number  6  in  the  city 
of  Rawson,  in  the  Patagonian  province  of  Chubut. 

In  January  an  inmate  of  the  Villa  Devoto  prison  in  Buenos  Aires  was  shot  in  the 
neck  and  killed.  Prison  authorities  said  that  the  victim  and  several  other  inmates 
had  fired  on  guards  during  an  escape  attempt,  but  inmates  claimed  that  the  victim 
had  innocently  approached  an  area  that  was  off  limits  to  prisoners.  In  July  inmates 
of  the  Caseros  prison  protested  conditions  there,  but  after  negotiations  with  senior 
authorities  the  incident  ended  peacefully.  Among  their  demands,  the  prisoners 
sought  compliance  with  the  "2  for  1"  law,  a  1994  statute  that  gives  unsentenced 
prisoners  2  days'  credit  toward  their  final  sentence  for  every  day  served  prior  to  sen- 
tencing. According  to  press  reports,  80  percent  of  the  1,230  inmates  in  the  Caseros 
prison  have  yet  to  be  sentenced. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Penal  Code  places  limits  on  the  ar- 
rest and  investigatory  power  of  the  police  and  the  judiciary,  but  provincial  police 
often  ignored  these  restrictions.  Human  rights  groups  find  it  difficult  to  document 
such  incidents,  saying  that  victims  are  reluctant  to  file  complaints  because  they  fear 
police  retaliation  or  do  not  believe  that  their  complaints  would  do  any  good. 

Police  occasionally  detain  teenagers  and  young  adults,  sometimes  overnight,  some- 
times for  an  entire  weekend,  without  formal  charges.  They  do  not  always  provide 


404 

such  detainees  with  the  opportunity  to  call  their  families  or  an  attorney.  These  de- 
tainees are  released  only  upon  a  complaint  from  relatives  or  legal  counsel. 

The  law  provides  for  the  right  to  bail,  and  it  is  utilized  in  practice.  Nonetheless, 
the  law  allows  pretrial  detention  for  up  to  2  years,  and  the  slow  pace  of  criminal 
trials  often  results  in  lengthy  pretrial  detention  periods. 

The  law  does  not  permit  involuntary  exile,  and  it  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary. While  the  judiciary  is  nominally  independent  and  impartial,  its  processes  are 
ineflicient,  complicated,  and,  at  times,  subject  to  political  influence. 

The  judicial  system  is  divided  into  federal  ana  provincial  courts,  each  headed  by 
a  Supreme  Court  with  chambers  of  appeal  and  section  courts  below  it.  The  system 
is  hampered  by  inordinate  delays,  procedural  logjams,  changes  of  judges,  inadeqpiate 
administrative  support,  and  incompetence.  Allegations  of  corruption  are  widely  re- 
ported, especially  m  civil  cases. 

Trials  are  public  and  defendants  have  the  right  to  legal  counsel  and  defense  wit- 
nesses. A  panel  of  judges  decides  guilt  or  innocence.  In  1992  some  federal  and  pro- 
vincial courts  began  deciding  cases  using  oral  trials  instead  of  the  practice  of  writ- 
ten submissions.  Oral  trials  are  less  time  consuming,  and  they  have  helped  reduce 
the  number  of  prison  inmates  awaiting  trial.  Nevertheless,  lawyers  and  judges  are 
still  struggling  to  adjust  to  the  new  procedures,  and  substantial  elements  of  the  old 
system  remain.  For  example,  before  the  oral  part  of  a  trial  begins,  judges  receive 
written  documentation  regarding  the  case  which,  according  to  prominent  legal  ex- 
perts, can  bias  a  judge  before  oral  testimony  is  heard. 

Constitutional  reforms  in  1994  provided  for  a  blue-ribbon  judicial  council  that 
would  have  responsibility  for  federal  court  administration  and  the  selection  and  re- 
moval of  judges.  In  December  Congress  passed  enabling  legislation  to  create  the 
council.  After  the  President  signs  the  new  law,  the  council's  20  members  are  to  be 
chosen  within  120  days. 

Some  international  human  rights  groups  have  claimed  that  Juan  Antonio 
Puigjane,  a  Capuchin  monk  sentenced  to  prison  with  19  others  in  a  1989  attack  on 
an  army  barracks,  is  jailed  for  political  reasons.  Argentine  officials,  however,  main- 
tain that  Puigjane  was  properly  tried  and  convicted  for  involvement  in  a  violent  re- 
bellion against  a  democratically  elected  government.  There  were  no  other  reports  of 
political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices,  and  government  authorities  generally  respect 
these  prohibitions.  Violations  are  subject  to  legal  sanction,  although  in  practice, 
local  police  have  the  right  to  stop  and  search  individuals  without  probable  cause. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  respects  these  rights  in  practice.  Following 
the  murder  of  news  photographer  Jose  Luis  Cabezas  (see  Section  l.a.),  there  were 
reports  of  numerous  anonymous  threats  against  journalists.  The  body  of  Cabezas, 
a  photographer  for  the  weekly  newsmagazine  Noticias,  was  found  January  25  out- 
side the  coastal  resort  town  of  Pinamar,  in  Buenos  Aires  province.  His  hands  were 
cuffed  behind  his  back,  he  had  been  shot  in  the  head,  and  his  body  left  in  his  car, 
which  had  been  burned.  A  former  police  chief  in  Pinamar  was  eventually  arrested 
on  suspicion  of  carrying  out  the  murder,  but  the  motive  was  unclear  and  by  year's 
end  the  case  had  not  yet  gone  to  trial.  There  was  widespread  suspicion  that  Cabezas 
was  killed  because  he  had  been  investigating  police  involvement  in  criminal  activi- 
ties. 

In  an  August  report,  a  group  of  prominent  journalists  called  the  Association  for 
the  Defense  of  Independent  Journalism  chronicled  numerous  threats  to  journalists 
around  the  country  following  the  Cabezas  murder,  many  in  the  form  of  anonymous 
telephone  calls.  Several  reporters  covering  the  Cabezas  investigation  were  taken  off 
the  story  due  to  threats  made  against  them  and  their  families.  In  a  report  issued 
in  September,  the  Committee  on  Freedom  of  the  Press  of  the  Association  of  Argen- 
tine News  Organizations  concluded  that  as  long  as  the  Cabezas  murder  remained 
unsolved,  and  there  was  no  adequate  response  to  "the  interminable  and  unaccept- 
able series  of  threats  to  journalists  and  the  media,"  it  would  continue  to  maintain 
that  "the  freedom  of  the  press  existing  in  our  country  since  1983  is  seriously  com- 
promised." 

The  law  provides  for  academic  freedom,  and  the  Government  respects  this  in  prac- 
tice. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  and  laws  pro- 
vide for  these  rights,  and  the  Government  respects  them  in  practice. 


405 

There  were  violent  protests  in  major  cities  in  May,  as  citizens  protested  high  un- 
employment and  declining  living  standards.  Riot  policemen  clashed  with  tens  of 
thousands  of  people  blocking  roads,  bridges,  and  government  buildings.  In  La  Plata 
police  fired  tear  gas  and  rubber  bullets  at  protesters  and  arrested  70  people.  In  the 
northwestern  province  of  Jujuy,  border  guards  injured  50  people  while  breaking  up 
a  roadblock  set  up  by  200  sugar  workers  and  their  families. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  ofMovem.ent  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  and  law  provide  for  these  rights,  and  the  Government 
respects  them  in  practice. 

Trie  Government  recognizes  as  refugees  those  persons  who  meet  the  criteria  of  the 
1951  United  Nations  Convention  Relating  to  the  Status  of  Refugees  and  its  1967 
Protocol.  The  refugee  eligibility  committee,  composed  of  representatives  of  the  Min- 
istries of  Justice,  Foreign  AfTairs,  and  the  Interior  is  responsible  for  determining  a 
reftigee's  status.  A  representative  of  the  U.N.  High  Commissioner  for  Refugees  may 
participate  in  committee  hearings,  but  may  not  vote.  The  Government  has  granted 
refugee  status  to  numerous  persons  and  accepted  them  for  resettlement.  The  issue 
of  the  provision  of  first  asylum,  however,  has  rarely  arisen.  There  were  no  reports 
of  the  forced  return  of  persons  to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Since  its  return  to  democratic  government  in  1983,  Argentina  has  held  periodic 
free  and  fair  elections  to  choose  federal,  provincial,  and  municipal  office  holders. 
Universal  adult  suffrage  is  obligatory  in  national  elections.  Political  parties  of  vary- 
ing ideologies  operate  freely  and  openly.  The  revised  Constitution  provides  that  all 
amilt  citizens  snail  enjoy  full  participation  in  the  political  process,  and  they  do  so 
in  practice. 

The  Constitution  stipulates  that  the  internal  regulations  of  political  parties  and 
party  nominations  for  elections  be  subject  to  afTirmative  action  requirements  to  as- 
sure that  women  are  represented  in  elective  office.  A  1993  decree  implementing  a 
1991  law  required  that  a  minimum  of  30  percent  of  all  political  party  lists  of  can- 
didates be  female.  As  a  result,  the  presence  of  women  in  the  Congress  is  increasing. 
In  the  new  Chamber  of  Deputies  elected  in  October,  70  of  257  members  are  women. 
In  the  Senate,  however,  wnose  members  are  still  appointed,  only  2  of  72  members 
are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  wide  variety  of  human  rights  groups  operate  without  government  restriction, 
investigating  and  publishing  their  findings  on  human  rights  cases.  Government  offi- 
cials are  generally  cooperative  and  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  and  federal  law  provide  for  equality  for  all  citizens.  The  1988 
Antidiscrimination  Law  establishes  a  series  of  penalties  from  1  month  to  3  years' 
imprisonment  for  anyone  who  arbitrarily  restricts,  obstnjcts,  or  restrains  a  person 
based  on  "race,  religion,  nationality,  ideology,  political  opinion,  sex,  economic  posi- 
tion, social  class,  or  physical  characteristics.  There  is  no  evidence  of  any  systematic 
effort  to  abridge  these  rights  by  the  Government  or  by  private  groups. 

Women. — Violence  and  sexual  harassment  against  women  are  problems.  Insen- 
sitivity  among  police  and  judges  sometimes  discourages  women  from  reporting  as- 
saults, especially  domestic  violence.  The  National  Women's  Council  has  been  work- 
ing with  law  enforcement  authorities  to  include,  in  their  police  training  curriculum, 
material  on  handling  cases  of  violence  against  women.  Rape  is  a  problem,  but  reli- 
able statistics  as  to  its  extent  were  not  available.  A  rapist  is  not  prosecuted  if  he 
offers  to  marry  the  victim  and  she  accepts  his  proposal.  Many  public  and  private 
institutions  oner  prevention  programs  and  proviae  support  and  treatment  for 
women  who  have  been  abused,  out  transitory  housing  is  scarce. 

Women  still  encounter  economic  discrimination  and  occupy  a  disproportionate 
number  of  lower  paying  jobs.  Often  they  are  paid  less  than  men  for  equal  work, 
even  though  this  is  explicitly  prohibited  by  law.  Women  are  also  found  dispropor- 
tionately in  the  informal,  unregistered  labor  market,  where  they  are  efTectively  de- 
nied work-related  economic  ana  social  benefits  enjoyed  by  registered  workers. 

The  National  Women's  Council,  created  in  1992  in  response  to  recommendations 
in  the  United  Nations  Convention  on  the  Elimination  of  All  Forms  of  Discrimination 
Against  Women,  carries  out  programs  to  promote  equal  opportunity  for  women  in 


406 

education  and  employment,  encourage  the  participation  of  women  in  politics,  and 
support  women's  rights  programs  at  the  provincial  level. 

Children. — The  1994  Constitution  incorporates  the  U.N.  Convention  on  the  Rights 
of  the  Child.  The  Ministry  of  Interior's  Subsecretariat  for  Human  and  Social  Rights 
works  with  the  United  Nations  Children's  Fund  (UNICEF)  and  other  international 
agencies  to  promote  children's  rights  and  well-being.  Historically,  Argentina  has  had 
numerous  programs  to  provide  public  education,  health  protection,  and  recreational 
services  for  all  children,  regardless  of  class  or  economic  status. 

According  to  some  nongovernmental  and  church  sources,  however,  child  abuse  and 
prostitution  are  on  the  rise,  and  the  National  Council  on  Children  and  the  Family 
believes  that  those  affected  tend  to  be  younger  than  previously  thought.  The  Coun- 
cil, which  the  Government  established  in  1990,  works  with  federal  and  local  agen- 
cies to  improve  child  protection  programs.  The  federal  capital,  most  of  the  23  prov- 
inces, and  the  Federal  Government  nave  passed  child  protection  laws. 

People  With  Disabilities. — ^A  1994  law  aimed  at  eliminating  physical  barriers  to 
disabled  persons  regulates  standards  regarding  access  to  public  buildings,  parks, 
plazas,  stairs,  and  pedestrian  areas.  Street  curbs,  commuter  train  stations,  and 
some  buildings  in  Buenos  Aires  have  been  modified  to  accommodate  wheelchairs, 
but  some  public  buildings  and  lavatories  are  still  inaccessible  to  the  disabled. 

Federal  law  also  prohibits  discrimination  against  the  disabled  in  employment. 
Since  establishment  of  the  National  Program  against  Discrimination  in  1994,  the 
largest  single  group  bringing  complaints  has  been  disabled  persons.  Nongovern- 
mental organizations  are  active  in  defending  the  rights  of  people  with  disabilities 
and  helping  them  find  employment. 

Indigenous  People. — The  revised  Constitution  provides  for  the  right  of  minorities 
to  be  represented  in  government  and  incorporates  international  agreements  in- 
tended to  promote  their  economic,  social,  and  cultural  rights.  Estimates  of  the  size 
of  the  indigenous  population  vary  from  60,000  to  150,000,  but  the  National  Statis- 
tical Institute  put  the  figure  at  below  100,000  as  of  1992.  Most  indigenous  people 
live  in  the  northern  and  northwestern  provinces  and  in  the  far  south.  Their  stand- 
ard of  living  is  considerably  below  the  national  average,  and  they  have  higher  rates 
of  illiteracy,  chronic  diseases,  and  unemployment.  Some  indigenous  groups,  includ- 
ing the  Kolla  Indians  in  the  northwest  province  of  Salta,  are  involved  in  protracted 
legal  disputes  with  the  federal  and  provincial  governments  over  tribal  lanas. 

In  March  the  Government  restored  to  the  Kolla  Indians  ownership  of  their  ances- 
tral lands,  half  a  century  after  they  first  marched  on  Buenos  Aires  to  demand  their 
rights.  About  100  Kollas  traveled  to  Buenos  Aires  by  bus  to  receive  deeds  to  708,900 
acres  from  President  Menem.  With  state  land  that  was  already  given  up  under  laws 
from  the  1994  constitutional  reforms,  the  Government  has  reportedly  returned  al- 
most 4  million  acres  to  indigenous  people  and  plans  to  return  988,400  acres  more 
in  1999. 

Religious  Minorities. — There  were  scattered  reports  of  anti-Semitic  acts.  Jewish 
community  centers  in  the  provinces  of  Misiones,  Tucuman,  and  Cordoba  were  van- 
dalized early  in  the  year.  On  the  night  of  December  24,  vandals  entered  the  Jewish 
cemetery  in  the  town  of  La  Tablada,  outside  Buenos  Aires,  and  damaged  35  tomb- 
stones. The  cemetery,  which  was  also  vandalized  in  October  1996,  is  guarded  by 
Buenos  Aires  provincial  police,  who  reportedly  said  that  they  saw  nothing.  No  one 
had  been  arresled  by  year's  end.  In  November  a  Congressional  commission  discov- 
ered new  evidence  against  one  of  the  four  policemen  charged  in  connection  the  1994 
bombing  of  the  AMLA  Jewish  community  center  in  Buenos  Aires  (see  Section  l.a.). 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — With  the  exception  of  military  personnel,  all  workers 
are  free  to  form  unions.  Estimates  regarding  union  membership  vary  widely.  Most 
union  leaders  believe  it  to  be  about  40  percent  of  the  work  force;  government  figures 
indicate  union  membership  at  30  percent.  Trade  unions  are  independent  of  the  Gov- 
ernment or  political  parties,  although  most  union  leaders  support  President 
Menem's  Justicialist  Party. 

Most  unions  are  affiliated  with  the  General  Confederation  of  Labor  (CGT).  A 
smaller  federation,  the  Argentine  Workers'  Central,  was  granted  government  rec- 
ognition in  May  after  petitioning  the  International  Labor  Organization. 

Workers  have  the  right  to  strike,  and  strikers  are  protected  by  law.  The  Move- 
ment of  Argentine  Workers  (a  dissident  group  within  the  CGT)  and  the  Argentine 
Workers'  Central  staged  a  1-day  general  strike  in  August  to  protest  an  agreement 
on  labor  law  reform  negotiated  in  May  between  the  Government  and  the  CGT. 

Many  trade  unions  are  also  members  of  international  trade  secretariats  and  par- 
ticipate actively  in  their  programs. 


407 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  prohibits  antiunion 
practices,  and  the  Government  enforces  this  prohibition.  The  trend  towards  bargain- 
ing on  a  company  level,  rather  than  negotiating  on  a  sectoral  basis,  continued,  but 
the  adjustment  has  not  been  an  easy  one  for  either  side.  Both  the  Federal  Gk)vem- 
ment  and  a  few  highly  industrialized  provinces  are  working  to  create  mediation 
services  to  promote  more  effective  resolution  of  collective  bargaining  disputes. 

Export  processing  zones  exist  or  are  planned  in  several  provinces.  The  same  labor 
laws  apply  in  these  zones  as  in  all  other  parts  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  labor, 
and  there  were  no  reports  that  it  was  practiced.  The  law  also  prohibits  forced  and 
bonded  labor  by  children  and  the  GJovemment  enforces  this  prohibition  effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  employment  of  children  under  14  years  of  age,  except  in  rare  cases  where 
the  Ministry  of  Education  may  authorize  a  child  to  work  as  part  of  a  family  unit. 
Minors  between  the  ages  of  14  and  16  may  work  in  a  limited  number  of  job  cat- 
egories but  not  more  than  6  hours  a  day  or  35  hours  a  week.  The  law  prohibits 
forced  and  bonded  labor  by  children,  and  there  were  no  reports  of  its  use  (see  Sec- 
tion 6.C.).  A  survey  by  the  National  Institute  on  Statistics  and  the  Census  revealed, 
however,  that  some  149,000  children  under  age  15  were  employed.  According  to  the 
National  Council  on  the  Child  and  the  Family,  two-thirds  were  working  in  rural 
areas  as  farm  laborers  with  their  parents  and  a  third  were  employed  in  urban 
areas,  chiefly  as  domestic  servants.  UNICEF  estimated  that  252,000  children  under 
15  years  of  age  were  working. 

e.  Acceptable  Conditions  of  Work. — The  national  monthly  minimum  wage  is  $200 
(200  pesos),  which  is  not  sufficient  to  provide  a  decent  standard  of  living  for  an  aver- 
age family  of  four. 

Federal  labor  law  sets  standards  in  the  areas  of  health,  safety,  and  hours.  The 
maximum  workday  is  8  hours  and  workweek  48  hours.  Occupational  health  and 
safety  standards  are  being  developed,  but  federal  and  provincial  governments  lack 
sufficient  resources  to  enforce  them  fully. 

Employers  are  required  to  insure  their  employees  against  workplace  accidents. 
Workers  have  the  right  to  remove  themselves  from  dangerous  or  unhealthful  work 
situations,  afler  having  gone  through  a  claim  procedure,  without  jeopardy  to  contin- 
ued employment.  Nevertheless,  workers  who  leave  the  workplace  before  it  has  been 
proven  unsafe  run  the  risk  of  being  fired;  in  such  cases,  the  worker  has  the  right 
to  judicial  appeal,  but  this  process  can  be  very  lengthy. 


BAHAMAS 

The  Commonwealth  of  the  Bahamas  is  a  constitutional,  parliamentary  democracy 
and  a  member  of  the  Commonwealth  of  Nations.  Queen  Elizabeth  II,  the  nominal 
head  of  state,  is  represented  by  an  appointed  Governor  General.  Prime  Minister  Hu- 
bert A.  Ingrsiham's  Free  National  Movement  (FNM)  has  controlled  the  Government 
and  Parliament  since  August  1992.  The  judiciary  is  independent. 

The  police  and  the  small  Bahamas  Defence  Force  answer  to  civilian  authority  and 
generally  respect  laws  protecting  human  rights.  However,  there  continue  to  be  re- 
ports that  police  occasionally  abuse  detainees. 

The  economy  depends  primarily  on  tourism,  which  accounts  for  nearly  two-thirds 
of  the  gross  domestic  product.  Financial  services,  particularly  offshore  banking  and 
trust  management,  are  also  a  major  source  of  revenue.  While  some  citizens  enjoy 
relatively  high  income  levels,  there  is  considerable  underemployment  and  poverty. 
The  official  unemployment  rate  is  over  11  percent,  but  unoHicial  estimates  range 
up  to  twice  that  figure. 

Citizens  enjoy  a  wide  range  of  democratic  freedoms  and  human  rights.  The  prin- 
cipal human  rights  problems  include  reports  of  occasional  police  abuse  of  detainees, 
continuing  harsh  conditions  at  the  only  prison,  lengthy  pretrial  detention  and  delays 
in  trials,  violence  and  discrimination  against  women,  and  violence  against  children. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  politically 
motivated  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 


408 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  and  other  cruel  and  degrading  treatment  or  pun- 
ishment, but  corporal  punishment — abolished  in  1984 — was  reinstated  in  1991. 

Human  ri^ts  monitors  and  members  of  the  general  public  continued  to  express 
concern  over  instances  of  police  abuse  against  criminal  suspects.  Many  of  the 
charges  of  abuse  involved  beatings  in  order  to  extract  confessions.  Police  omcials  de- 
nied that  there  have  been  violations  of  defendants'  rights.  According  to  the  officials, 
these  rights  are  protected  by  the  trial  judge,  who  determines  the  admissibility  of 
the  defendant's  statement  as  evidence  at  trial.  The  Police  Complaints  and  Discipline 
Unit,  which  reports  directly  to  senior  police  officials,  is  responsible  for  investigating 
allegations  of  police  brutality. 

Conditions  at  Fox  Hill,  the  only  prison,  continue  to  improve,  but  remain  harsh 
and  overcrowded.  The  men's  prison,  originally  built  in  1953  to  house  about  600  in- 
mates, holds  over  1,400  prisoners.  The  women's  prison  population  is  around  30,  con- 
siderably less  than  full  capacity.  Male  prisoners  are  crowded  into  poorly  ventilated 
cells  that  generally  lack  running  water  and  adequate  sanitation  facilities.  There  are 
no  separate  facilities  for  inmates  being  held  on  remand,  although  some  are  eventu- 
ally segregated  in  a  medium  security  wing  after  being  processed  through  maximum 
security.  Prison  officials  estimate  that  about  13  percent  of  the  incoming  prisoner 
population  is  infected  with  the  HIV  virus.  Most  prisoners  lack  beds,  many  sleep  on 
concrete  floors,  and  most  are  locked  in  their  cells  23  hours  per  day.  Facilities  for 
women  are  less  severe  and  do  have  running  water.  Organizations  providing  aid, 
counseling  services,  and  religious  instruction  have  regular  access  to  inmates. 

In  October  migrants  from  the  Dominican  Republic  rioted  to  protest  poor  condi- 
tions at  the  Carmichael  Road  Detention  Center  (see  Section  2.d.). 

The  Government  provided  funds  to  enable  prison  ofTicials  to  make  improvements 
in  prison  facilities  and  to  continue  prisoner  rehabilitation  programs.  Modern  train- 
ing facilities  for  prison  officers  and  staff  are  equipped  with  new  computers  and  addi- 
tional personnel.  The  prison  offers  some  educational  and  literacy  programs  for  pris- 
oners, nas  added  a  new  dental  unit,  and  is  building  a  prison  workshop  to  provide 
some  activity  for  inmates.  Plans  for  critically  needed  new  maximum  security  living 
space  have  not  yet  been  implemented. 

Local  and  international  human  rights  groups  were  able  to  visit  the  prison  during 
the  year. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention.  The  authorities  conduct  arrests  openly  and,  when  required,  ob- 
tain judicially  issued  warrants.  Serious  cases,  including  those  of  suspected  narcotics 
or  firearms  offenses,  do  not  require  warrants  where  probable  cause  exists.  Arrested 
persons  appear  before  a  magistrate  within  48  hours  (or  by  the  next  business  day 
for  cases  arising  on  weekends  and  holidays)  to  hear  the  charges  against  them.  They 
may  hire  an  attorney  of  their  choice.  The  Government  does  not  provide  legal  rep- 
resentation except  to  destitute  suspects  charged  with  capital  crimes.  Police  some- 
times deviate  from  prescribed  procedures,  however,  and  act  arbitrarily.  The  Govern- 
ment respects  the  right  to  a  judicial  determination  of  the  legality  of  arrests. 

The  Bail  Act  prohibits  bail  for  repeat  offenders  and  those  accused  of  certain  vio- 
lent crimes.  Juc^es  tend  not  to  grant  bail  to  foreign  suspects,  particularly  on  more 
serious  offenses,  since  the  authorities  consider  foreign  offenders  likely  to  flee  if  re- 
leased on  bail.  Judges  sometimes  authorize  cash  bail  for  foreigners  arrested  on 
minor  charges,  but  in  practice,  foreign  suspects  generally  prefer  to  plead  guilty  and 
pay  a  fine  rather  than  pursue  their  right  to  defend  themselves,  given  possible  delays 
in  court  cases  and  harsh  conditions  in  the  prison.  Attorneys  and  other  prisoner  ad- 
vocates continued  to  complain  of  excessive  pretrial  detention. 

The  authorities  detain  illegal  migrants,  primarily  Haitians  and  Cubans,  at  the 
Carmichael  Road  Detention  Center  until  arrangements  can  be  made  for  them  to 
leave  the  country  or  they  obtain  legal  status.  Conditions  at  the  detention  center  are 
Spartan,  but  most  detainees  do  not  remain  for  an  excessively  long  period  of  time. 
Tne  Government  has  earmarked  $800,000  to  renovate  the  center.  In  October  mi- 
grants from  the  Dominican  Republic  rioted  to  protest  poor  conditions  at  the  center. 
The  rioters  threw  stones  at  the  guards  and  set  fire  to  the  center's  mess  hall.  The 
authorities  transferred  the  detainees  who  rioted  to  the  prison. 

Dlegal  migrants  convicted  of  crimes  other  than  immigration  violations  are  held  at 
the  prison  and  remain  there  for  weeks  or  months,  pending  deportation  after  serving 
their  sentences,  unless  they  can  arrange  private  means  for  their  repatriation. 

Exile  is  illegal  and  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  justice  system  derives  from  English  common 
law.  The  judiciary,  appointed  by  the  Governor  General  on  the  advice,  in  most  cases, 
of  the  Judicial  and  Legal  Services  Commission,  has  always  been  independent. 


409 

Magistrate's  courts  are  the  lowest  level  courts  and  only  handle  crimes  with  a  max- 
imum sentence  of  5  years.  Trial  by  jury  is  only  available  in  the  Supreme  Court, 
which  is  the  trial  court  that  handles  most  major  cases.  Its  decisions  may  be  ap- 
pealed to  the  Court  of  Appeal,  with  the  Privy  Council  in  London  being  the  final 
court  of  appeal. 

Trials  are  fair  and  public.  Defendants  enjoy  the  presumption  of  innocence  and  the 
right  to  appeal.  Defendants  can  confront  and  question  witnesses  against  them  and 
present  evidence  on  their  own  behalf.  The  judicial  system  is  plagued  by  a  large 
backlog  of  cases.  In  order  to  reduce  the  backlog,  the  Government  nas  streamlined 
the  appeals  process,  limited  the  availability  of  bail  in  serious  cases,  computerized 
court  records,  and  added  new  judges,  lay  magistrates,  and  trained  court  reporters. 
Despite  these  measures  to  improve  efficiency  in  the  courts,  complaints  persist  of  ex- 
cessive pretrial  detention  and  delayed  justice  for  victims. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  arbitrary  entry,  search,  or  seizure,  and  the  Government  gen- 
erally respects  these  prohibitions  in  practice.  The  law  usually  requires  a  court  order 
for  entry  into  or  search  of  a  private  residence,  but  a  police  inspector  or  more  senior 
police  ofiicial  may  authorize  a  search  without  a  court  order  where  probable  cause 
to  suspect  a  weapons  violation  exists.  Such  an  official  may  also  authorize  the  search 
of  a  person  (that  extends  to  the  vehicle  in  which  the  person  is  traveling)  without 
a  court  order,  should  probable  cause  exist  to  suspect  drug  possession. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Government  respects  the  constitutional  pro- 
vision for  the  right  of  free  expression,  and  the  political  opposition  criticizes  the  Gov- 
ernment freely  and  frequently.  Three  daily  and  several  weekly  newspapers,  all  pri- 
vately owned,  express  a  variety  of  views  on  issues  of  public  interest,  including  vary- 
ing degrees  of  criticism  of  the  Government  and  its  policies.  Foreign  newspapers  and 
magazines  are  readily  available. 

There  is  a  government-run  radio  station  and  three  privately  owned  radio  broad- 
casters. The  country's  sole  television  station,  the  state-owned  Broadcasting  Corpora- 
tion of  the  Bahamas,  presents  a  variety  of  views,  although  opposition  politicians 
claim  with  some  justification  that  their  views  do  not  receive  as  extensive  coverage 
as  those  of  the  Government. 

The  Government  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  rights  to  free  assembly  and  association,  and  the  authorities  respect  these  rights 
in  practice.  The  law  permits  private  associations,  but  groups  must  obtain  permits 
to  hold  public  demonstrations.  The  authorities  grant  such  permits  almost  without 
exception. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice. 

The  Government  cooperates  with  the  ofTice  of  the  U.N.  High  Commissioner  for 
Refugees  and  other  humanitarian  organizations  in  assisting  refugees.  The  Govern- 
ment did  not  grant  first  asylum  to  any  persons  in  1997,  but  11  requests  were  pend- 
ing decision  at  the  end  of  the  year.  There  were  no  reports  of  forced  return  of  persons 
to  a  country  where  they  feared  persecution. 

Although  the  repatriation  agreement  between  the  Bahamas  and  Haiti  expired  at 
the  end  of  1995,  the  Government  continued  to  repatriate  illegal  Haitian  immigrants 
based  on  the  terms  of  the  agreement.  The  Bahamas  signed  a  repatriation  agreement 
with  the  Government  of  Cuba  in  January  1996,  and  since  then  the  authorities  have 
successfully  repatriated  illegal  Cuban  immigrants. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage. 

The  Bahamas  is  a  constitutional,  parliamentary  democracy  with  two  major  politi- 
cal parties  and  general  elections  at  least  every  5  years.  An  elected  Prime  Minister 
and  Parliament  govern.  The  political  process  is  open  to  all  elements  of  society,  and 
citizens  18  years  of  age  and  older  are  eligible  to  register  and  vote;  voting  is  by  secret 
ballot.  The  two  principal  political  parties  are  the  ruling  Free  National  Movement 
and  the  opposition  Progressive  Liberal  Party  (PLP).  The  PLP  led  the  country  for  6 


410 

years  of  internal  self-government  from  1967  to  1973  and  held  power  from  independ- 
ence in  1973  until  1992.  The  FNM  won  general  elections  in  1992  and  1997. 

The  FNM  holds  35  of  40  seats  in  the  House  of  Assembly,  and  the  PLP  holds  5. 
Both  the  ruling  party  and  the  opposition  name  members  to  the  upper  house — the 
Senate — in  compliance  with  constitutional  guidelines.  Although  it  does  pass  legisla- 
tion, the  Senate  is  primarily  a  deliberative  body  that  serves  as  a  public  forum  to 
discuss  national  problems  and  policies  to  address  them. 

The  Parliament  has  six  elected  female  members,  including  the  speaker  of  the 
House,  and  five  appointed  female  Senators,  including  the  government  leader  in  the 
Senate.  The  Foreign  Minister  is  a  woman,  and  women  also  head  the  Ministry  of 
Education  and  the  Ministry  of  Labor,  Immigration,  and  Training. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Individual  human  rights  monitors  and  several  local  human  rights  groups,  as  well 
as  representatives  of  international  human  rights  organizations,  operate  freely,  ex- 
pressing their  opinions  and  reporting  their  findings  on  alleged  human  rights  viola- 
tions without  government  restriction.  The  Government  allows  them  broad  access  to 
institutions  and  individuals. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Government  generally  respects  in  practice  the  constitutional  provisions  for  in- 
dividual rights  and  freedoms  regardless  of  race,  place  of  origin,  political  opinion, 
creed,  or  sex.  However,  both  the  Constitution  and  the  law  discriminate  against 
women  in  several  respects. 

Women. — Domestic  violence  against  women  continued  to  be  a  serious  problem, 
with  many  women  seeking  shelter  at  the  private,  but  government-supported,  crisis 
center  in  Nassau.  The  Government  has  established  a  nationwide  toll-free  hot  line, 
with  two  trained  volunteers  on  each  of  the  inhabited  islands  on  call  to  respond  in 
the  event  of  a  crisis.  The  crisis  center,  with  help  from  the  Government,  continued 
a  public  awareness  campaign  to  highlight  the  problems  of  abuse  and  domestic  vio- 
lence. The  Domestic  Court,  which  deals  exclusively  with  family  issues  such  as 
spousal  abuse,  maintenance  payments,  and  legal  separation,  continued  to  receive  a 
high  volume  of  cases.  The  court  can  and  does  impose  various  legal  constraints  to 
protect  women  from  abusive  spouses  or  companions.  However,  advocates  for  wom- 
en's rights  see  a  need  to  improve  the  effectiveness  of  enforcement  of  orders  of  the 
Domestic  Court. 

The  Constitution  discriminates  against  women  by  not  providing  them  with  the 
same  right  as  men  to  transmit  citizenship  to  their  foreign-born  spouses.  Addition- 
ally, the  law  makes  it  easier  for  men  witn  foreign  spouses  to  confer  citizenship  on 
their  children  than  for  women  with  foreign  spouses.  Some  inheritance  laws  also 
favor  men  over  women.  For  example,  when  a  person  dies  without  a  will,  the  estate 
passes  to  the  oldest  legitimate  son,  or  in  cases  where  there  is  no  son,  the  closest 
legitimate  male  relative.  Prominent  women  of  all  political  persuasions  continue  to 
push  for  an  amendment  to  the  Constitution  and  related  laws  to  redress  this  situa- 
tion. 

Women  participate  fully  in  society  and  are  well  represented  in  the  business  and 

£rofessional  sectors,  as  well  as  in  the  judiciary  and  government  (see  Section  3).  The 
linister  of  Foreign  Affairs,  Janet  Bostwick,  also  directs  the  Bahamian  Bureau  of 
Women's  Afi'airs,  which  is  within  the  Ministry  of  Foreign  AfTairs.  The  Chief  Justice 
of  the  Supreme  Court  is  a  woman. 

Children. — The  Government  places  priority  on  maintaining  adequate  expenditures 
for  child  welfare  and  education.  However,  child  abuse  and  neglect  remain  serious 
problems.  The  law  requires  that  anyone  having  contact  with  a  child  they  believe  to 
be  sexually  abused  must  report  their  suspicion  to  the  police.  The  same  reporting  re- 
quirement does  not  apply  to  cases  of  physical  abuse,  which  nonetheless  are  high. 
The  police  refer  reported  cases  of  sexual  and  physical  abuse  to  the  Department  of 
Social  Services,  which  investigates  them  and  can  bring  criminal  charges  against 
perpetrators.  The  Department  may  remove  children  from  abusive  situations  if  the 
court  deems  it  necessary. 

People  With  Disabilities. — Although  the  1973  National  Building  Code  mandates 
certain  accommodations  for  the  physically  disabled  in  new  public  buildings,  the  au- 
thorities rarely  enforce  this  part  oi  the  code.  The  code  fails  to  mandate  accommoda- 
tion in  new  private  buildings,  however,  which  often  lack  accessibility  as  well. 

The  Disability  Affairs  Unit  of  the  Ministry  of  Social  Development  and  National 
Insurance  works  with  the  Bahamas  Council  for  Disability,  an  umbrella  organization 
for  groups  offering  services  for  the  disabled,  to  provide  a  coordinated  public  and  pri- 


411 

vate  sector  approach  to  the  needs  of  the  disabled.  A  mix  of  government  and  private 
residential  and  nonresidential  institutions  provide  a  range  of  education,  training, 
counseling,  and  job  placement  services  for  both  physically  and  mentally  disabled 
adults  ana  children.  The  country  is  participating  in  an  International  Labor  Organi- 
zation pilot  program  to  provide  specialized  training  to  persons  who  provide  services 
to  the  disabled. 

National  I  Racial  I  Ethnic  Minorities. — An  estimated  30,000  Haitians  reside  in  the 
Bahamas  legally  and  productively,  but  social,  economic  and  political  sensitivities  re- 
main. Members  of  the  Haitian  community  reported  that  some  police  and  immigra- 
tion officials  have  taken  Haitians  ofT  the  streets  into  custody  before  allowing  them 
a  chance  to  produce  their  residency  permits.  Haitians  also  complained  that  officials 
sometimes  came  to  their  residences  late  at  night,  a  violation  of  the  terms  of  the  ex- 
pired Bahamas-Haiti  repatriation  agreement.  These  alleged  violations  are  difficult 
to  confirm,  but  some  similar  past  complaints  resulted  in  procedural  changes  by  the 
authorities. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  that  labor  unions  have  the 
right  of  free  assembly  and  association.  Private  sector  and  most  public  sector  workers 
may  form  or  join  unions  without  prior  approval.  Members  of  the  police  force,  defense 
force,  fire  brigade,  and  prison  guards  may  not  organize  or  join  unions.  Workers  exer- 
cise the  right  of  association  extensively,  with  almost  one-quarter  of  the  work  force 
(and  one-half  the  workers  in  the  important  hotel  industry)  belonging  to  unions. 

Three  major  umbrella  labor  organizations,  the  National  Workers  Council  of  Trade 
Unions  and  Associations,  the  Trade  Union  Congress  (TUC),  and  the  National  Con- 
gress of  Trade  Unions,  along  with  individual  labor  unions,  all  function  independent 
of  government  or  political  party  control. 

The  Industrial  Kelations  Act  requires  that,  before  a  strike  begins,  a  simple  major- 
ity of  a  union's  membership  must  vote  in  favor  of  a  motion  to  strike.  The  Depart- 
ment of  Labor  must  supervise  the  vote.  Unions  instituted  work  stoppages  at  the 
Nassau  International  Airport  and  at  a  major  hotel  construction  site  in  Nassau  dur- 
ing the  year.  In  order  to  resolve  trade  disputes  more  quickly,  the  Industrial  Rela- 
tions Act  was  amended  in  1996  to  establish  an  industrial  tribunal.  According  to  the 
act,  labor  disputes  are  first  filed  with  the  Ministry  of  Labor  and  then  if  not  resolved, 
are  turned  over  to  the  tribunal.  The  tribunal  follows  normal  court  procedures  for 
the  admission  of  evidence,  direct  examination,  and  cross  examination.  The  tribunal's 
decision  is  final  and  is  only  appealable  in  court  on  a  strict  question  of  law.  Some 
employers  complain  that  the  industrial  tribunal  is  unfairly  biased  in  favor  of  em- 
ployees. 

All  labor  unions  have  the  right  to  maintain  affiliations  with  international  trade 
union  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers  freely  exercise  their 
right  to  organize  and  participate  in  collective  bargaining,  which  the  law  protects. 
Unions  andemployers  negotiate  wage  rates  without  government  interference. 

The  Constitution  and  the  Industrial  Relations  Act  prohibit  antiunion  discrimina- 
tion by  employers.  The  act  requires  employers  to  recognize  trade  unions,  and  it  re- 
quires the  reinstatement  of  workers  fired  for  union  activities.  Employers  may  dis- 
miss workers  in  accordance  with  applicable  contracts,  which  generally  require  some 
severance  pay.  The  Government  enforces  labor  laws  and  regulations  uniformly 
throughout  the  country. 

There  are  two  small  free  trade  zones.  Labor  law  and  practice  in  these  zones  do 
not  differ  from  those  in  the  rest  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor  by  all  persons,  including  children,  and  such  labor  does  not  exist 
in  practice. 

a.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  the  employment  of  children  under  the  age  of  14  for  industrial  work,  work 
during  school  hours,  or  work  at  night.  There  is  no  legal  minimum  age  for  employ- 
ment in  other  sectors,  and  some  children  work  part  time  in  light  industry  and  serv- 
ice jobs.  The  constitutional  prohibition  of  forced  and  compulsory  labor  is  respected 
in  practice. 

e.  Acceptable  Conditions  of  Work. — The  Fair  Labor  Standards  Act  limits  the  regu- 
lar workweek  to  48  hours  and  provides  for  one  24-hour  rest  period.  The  act  requires 
overtime  payment  (time  and  a  halO  for  hours  beyond  the  standard.  The  act  permits 
the  creation  of  a  Wages  Council  to  recommend  the  setting  of  a  minimum  wage,  but 
the  Government  has  never  established  such  a  council  or  a  general  minimum  wage. 
However,  in  1996  the  Government  established  a  specific  minimum  wage  of  $4.12  per 
hour  for  all  hourly  and  temporary  workers  throughout  the  public  sector. 


412 

,  The  Ministry  of  Labor,  responsible  for  enforcing  labor  laws,  has  a  team  of  inspec- 
tors who  conduct  on-site  visits  to  enforce  occupational  health  and  safety  standards 
and  investigate  employee  concerns  and  complaints,  but  inspections  occur  only  infre- 
quently. The  Ministry  normally  announces  inspection  visits  in  advance,  and  employ- 
ersgenerally  cooperate  with  inspectors  to  implement  safety  standards. 

The  national  insurance  program  compensates  workers  for  work-  related  injuries. 
The  Fair  Labor  Standards  Act  requires  employers  to  find  suitable  alternative  em- 
ployment for  employees  injured  on  the  job  but  still  able  to  work.  The  law  does  not 
provide  a  right  for  workers  to  absent  themselves  from  dangerous  work  situations 
without  jeopardy  to  continued  employment. 


BARBADOS 

Barbados,  a  member  of  the  Commonwealth  of  Nations,  is  a  constitutional  democ- 
racy with  a  multiparty,  parliamentary  form  of  government.  The  Queen  is  head  of 
state  and  is  represented  oy  an  appointed  Governor  General.  Prime  Minister  Owen 
Arthur  is  the  head  of  government  and  governs  with  an  appointed  cabinet.  The  judi- 
ciary is  independent. 

The  Royal  Barbados  Police  Force  is  charged  with  maintaining  public  order.  The 
small  volunteer  Barbados  Defence  Force  (BDF),  responsible  for  national  security, 
can  be  employed  to  maintain  public  order  in  times  of  crisis,  emergency,  or  other  spe- 
cific need.  In  response  to  increased  crime  in  tourist  areas,  the  BDF  has  assisted  the 
police  since  1993  by  patrolling  beaches.  On  the  whole,  the  police  respected  constitu- 
tional and  legal  provisions  protecting  human  rights,  but  there  continued  to  be  infre- 
quent reports  of  abuses  by  police. 

The  economy  is  based  on  tourism,  services,  light  manufacturing,  and  agriculture, 
which  makes  it  vulnerable  to  external  economic  developments.  Per  capita  gross  do- 
mestic product  exceeds  $7,000.  Barbados  has  experienced  a  continued  strong  recov- 
ery after  a  recession  in  the  early  1990's.  In  1997  the  economy  was  expected  to  gT^ow 
approximately  3.5  percent,  based  primarily  on  increases  in  tourism. 

Citizens  enjoy  a  wide  range  of  rights  and  freedoms,  and  the  Government  respects 
constitutional  provisions  regarding  human  rights.  Principal  human  rights  problems 
continued  to  be  societal  violence  against  women  and  children  and  occasional  in- 
stances of  excessive  use  of  force  by  police. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  specifically  prohibits  torture  and  cruel,  inhuman,  or  degrading 
treatment  or  punishment.  However,  the  Caribbean  Human  Rights  Network  and  the 
local  press  reported  numerous  allegations  of  coerced  confessions.  There  continued  to 
be  credible  reports  that  law  enforcement  officials  sometimes  used  force  during  de- 
tention to  extract  confessions  from  detainees.  There  also  was  an  allegation  that  po- 
lice abducted  a  homeless  carwasher,  took  him  to  a  field,  and  shot  him  in  the  back. 
The  authorities  suspended  four  ofTicers  in  connection  with  this  incident  and  brought 
charges  against  two  of  them.  The  criminal  case  was  pending  before  the  courts  at 
year^  end. 

Police  procedures  provide  that  the  police  may  question  suspects  and  other  persons 
they  hold  only  at  a  police  station,  except  when  expressly  permitted  by  a  senior  divi- 
sional officer.  An  ofticer  must  visit  detainees  at  least  once  every  3  hours  to  inauire 
about  the  detainees'  condition.  After  24  hours,  the  detaining  authority  must  submit 
a  written  report  to  the  deputy  commissioner.  The  authorities  must  approve  and 
record  all  movements  of  detainees  between  stations.  The  Caribbean  Human  Rights 
Network  is  satisfied  that  the  authorities  generally  adhere  to  these  basic  principles, 
although  officials  occasionally  used  excessive  force. 

Barbados  is  in  the  forefront  of  an  initiative  to  standardize  police  procedures 
throughout  the  English-speaking  Caribbean  region.  The  authorities  issued  firearms 
to  special  units  and  some  foot  patrols  in  high-crime  areas  in  response  to  the  1993 
shooting  death  of  a  policeman  and  a  rise  in  gun-  and  drug- 
related  crime.  Aside  from  this  development,  the  police  force  is  still  mainly  un- 
armed, in  keeping  with  its  British  traditions. 


413 

The  only  prison  is  antiquated  and  overcrowded,  with  over  800  inmates  in  a  struc- 
ture built  for  350  inmates.  The  Caribbean  Human  Rights  Network  has  publicly 
urged  the  establishment  of  a  detention  and  rehabilitation  center  for  youths  and  first 
offenders.  To  reduce  overcrowding,  magistrates  have  begun  to  make  use  of  alter- 
natives to  incarceration,  such  as  community  service  work. 

The  Government  allows  private  groups  to  visit  prisons  to  ascertain  conditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  imprisonment  and  requires  detainees  to  be  brought  before  a  court  of  law 
within  72  hours  of  arrest.  The  Government  generally  respects  these  provisions  in 
practice.  Criminal  defendants  have  the  right  to  counsel,  and  attorneys  have  ready 
access  to  their  clients. 

The  authorities  do  not  use  exile  as  a  punishment  or  means  of  political  control. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  indejjendent  judi- 
ciary, and  it  is  free  of  intervention  by  other  branches  of  government. 

The  judiciary  includes  the  Supreme  Court,  which  consists  of  the  high  court  and 
court  of  appeal.  The  Governor  General,  after  consultation  with  the  Prime  Minister 
and  the  Leader  of  the  Opposition,  appoints  the  Chief  Justice.  Other  judges  who 
make  up  the  court  are  appointed  on  the  advice  of  the  Judicial  and  I^egal  Service 
Commission.  Judges  serve  until  the  age  of  65. 

The  Constitution  provides  that  persons  charged  with  criminal  ofTenses  be  given 
a  fair  public  hearing  within  a  reasonable  time  by  an  independent  and  impartial 
court,  and  the  Government  respects  this  right  in  practice.  The  judicial  system  pro- 
vides for  the  right  of  due  process  at  each  level.  The  law  presumes  defendants  inno- 
cent until  proven  guilty.  The  Government  provides  free  legal  aid  to  the  indigent 
with  the  exception  of  a  1,300  pounds  sterling  cap  on  expenses  incurred  for  appeals 
by  death  row  prisoners  to  the  Privy  Council  in  London.  Two  inmates  have  chal- 
lenged this  limit  and  are  suing  the  Government  on  the  grounds  that  it  effectively 
deprives  them  of  their  right  to  due  process. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  arbitrary  entry,  search,  or  seizure,  and  the  law  requires  war- 
rants to  be  issued  before  privately  owned  property  may  be  entered  and  searched. 

The  Government  does  not  routinely  interfere  in  the  private  lives  of  its  citizens. 
Nonetheless,  there  continued  to  be  credible  reports  that,  in  response  to  increased 
drug-related  crime,  the  police  resorted  to  searches  of  homes  in  certain  neighbor- 
hoods, sometimes  without  warrants.  The  Government  does  not  censor  mail.  How- 
ever, the  Government  restricts  the  receipt  of  foreign  publications  deemed  to  be  por- 
nographic. Other  foreign  publications  of^  a  nonprurient  nature  are  allowed  without 
restriction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  the  authorities  respect  these  rights  in  practice.  There  are  two 
independent  daily  newspapers,  both  of  which  present  opposition  political  views.  The 
Government  regularly  comes  under  attack  in  the  newspapers  and  on  daily  call-in 
radio  programs.  There  are  five  radio  stations,  two  of  which  are  owned  by  the  Gov- 
ernment. The  Caribbean  Broadcasting  Corporation  (CBC)  television  service  (the  only 
television  source,  excluding  direct  satellite  reception)  is  government  owned.  Al- 
though CBC  is  a  state  enterprise,  it  regularly  reported  views  opposing  government 
policies.  Critics  allege  that  the  Government  sometimes  uses  its  influence  to  discour- 
age media  reporting  on  sensitive  issues,  but  the  press  remained  vigorously  critical 
of  the  Government  on  a  broad  span  of  issues.  The  Government  prohibits  the  produc- 
tion of  pornographic  materials. 

The  Government  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Government  observes  the 
constitutional  provisions  for  peaceful  assembly  and  private  association  in  practice. 
Political  parties,  trade  unions,  and  private  organizations  function  and  hold  meetings 
and  rallies  without  hindrance. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  and  legal  residents  move  freely  within  Barbados  and  leave  and 
enter  the  country  without  restriction. 

The  Government  has  not  formulated  a  policy  regarding  refugees,  asylees,  or  first 
asylum.  The  issue  of  the  provision  of  first  asylum  did  not  arise.  There  were  no  re- 
ports of  forced  expulsion  of  anyone  having  a  valid  claim  to  refugee  status.  However, 
government  practice  remains  undefined. 


414 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  this  right  in  law  and  exercise  it  in  practice.  Political  parties  freely 
compete  in  fair  elections  by  secret  ballot  at  least  every  5  years.  In  the  most  recent 
election  in  September  1994,  the  Barbados  Labour  Party  won  a  decisive  victory,  gain- 
ing a  19-to-8  majority  over  the  Democratic  Labour  Party.  The  National  Democratic 
Party  won  one  seat,  its  first  ever  in  Parliament.  There  are  no  impediments  to  par- 
ticipation in  the  political  process,  and  all  citizens  over  age  18  may  vote.  The  Prime 
Minister  exercises  executive  power  along  with  the  Cabinet  of  Ministers  he  appoints, 
balanced  by  the  bicameral  Parliament  and  the  judicial  system. 

Women  are  well  represented  at  all  levels  of  government  and  politics.  The  Deputy 
Prime  Minister  is  a  woman  (she  also  serves  concurrently  as  Foreign  Minister),  and 
the  Ministries  of  Health  and  Education  are  also  headed  by  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Local  groups  involved  with  human  rights  operate  freely  and  without  government 
hindrance.  Tne  Caribbean  Human  Rights  Network,  a  Caribbean-wide  human  rights 
organization  which  has  its  headquarters  and  a  small  staff  in  Barbados,  investigates 
and  reports  on  allegations  of  human  rights  violations  throughout  the  region. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equal  treatment  under  the  law,  regardless  of  race, 
religion,  or  sex.  The  Government  respects  these  rights  in  practice. 

Women. — Violence  against  women  and  children  continued  to  be  a  significant  social 
problem.  Women's  rights  groups  reported  that  the  known  incidence  of  sexual  as- 
saults, domestic  violence,  incest,  and  rape  increased,  despite  the  fact  that  there  is 
still  some  reluctance  on  the  part  of  victims  to  report  such  incidents.  There  are  public 
and  private  counseling  services  for  domestic  violence,  rape,  suicide,  and  child  abuse. 

The  1992  Domestic  Violence  Law  specifies  the  appropriate  police  response  to  do- 
mestic violence,  intended  to  protect  all  members  of  the  family,  including  men  and 
children.  It  applies  equally  to  marriages  and  to  common  law  relationships.  Criminal 
penalties  for  violent  crimes  are  the  same,  regardless  of  the  sex  of  the  offender  or 
the  victim.  The  courts  heard  a  number  of  cases  of  domestic  violence  against  women 
involving  assault  or  wounding.  Victims  may  request  restraining  orders,  which  the 
courts  oiten  issue.  The  courts  can  sentence  an  olTender  to  jail  for  breaching  such 
an  order.  Human  rights  monitors  continued  to  criticize  the  inconsistency  in  sentenc- 
ing for  rape,  incest,  and  statutory  rape,  which  is  often  left,  to  the  discretion  of  the 
judge.  They  noted  that  the  lack  oi  sentencing  guidelines  resulted  in  longer  sentences 
for  persons  convicted  of  petty  theft  than  for  incest;  and  lesser  sentences  for  incest 
than  for  rape  or  sexual  assault  of  nonfamily  members. 

Women  actively  participate  in  all  aspects  of  national  life  and  are  well-represented 
at  all  levels  of  both  the  public  and  private  sectors.  They  form  a  large  percentage 
of  heads  of  household  ana  are  not  discriminated  against  in  public  housing  or  other 
social  welfare  programs. 

Children. — The  Government  is  committed  to  children's  human  rights  and  welfare, 
although  violence  against  children  remains  a  serious  problem.  The  Child  Care  Board 
is  the  key  agency  responsible  for  monitoring  and  responding  to  the  critical  welfare 
needs,  interests,  and  rights  of  children. 

People  With  Disabilities. — The  law  does  not  prohibit  discrimination  against  the 
physically  disabled  in  employment,  education,  or  the  provision  of  other  state  serv- 
ices. The  Labor  Department,  which  is  responsible  for  finding  jobs  for  the  disabled, 
unsuccessfully  advocated  the  introduction  of  such  legislation  in  the  1980's.  Simi- 
larly, there  is  no  legislation  mandating  provision  of  accessibility  to  public  thorough- 
fares or  public  or  private  buildings.  Interest  groups  have  lobbied  for  this  type  of  leg- 
islation from  time  to  time,  but  without  success. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  freely  exercise  their  right  to  form  and  be- 
long to  trade  unions  and  to  strike.  There  are  two  major  unions  and  several  smaller 
ones,  representing  various  sectors.  The  public  service  union,  the  National  Union  of 
Public  Workers,  is  independent  of  any  political  party  or  the  Government.  The  larg- 
est union,  the  Barbados  Workers'  Union  (BWU),  was  historically  closely  associated 
with  the  Barbados  Labour  Party  prior  to  1954.  After  1954,  officers  of  the  BWU  be- 
came personally  associated  with  the  Democratic  Labour  Party.  A  new  Congress  of 
Trade  Unions  and  Staff  Associations  was  inaugurated  in  August  1995.  Most  unions 
belong  to  this  organization. 


415 

The  law  accords  fiiU  protection  to  trade  unionists'  personal  and  property  rights. 
Another  law  prohibits  strikes  against  public  utilities.  All  private  and  public  sector 
employees  are  permitted  to  strike,  but  essential  workers  may  strike  only  under  cer- 
tain circumstances  and  after  following  prescribed  procedures.  There  were  no  major 
strikes  or  long-term  work  stoppages  during  the  year. 

Trade  unions  are  free  to  form  federations  and  are  affiliated  with  a  variety  of  re- 
gional and  international  labor  organizations.  The  Caribbean  Congress  of  Labor  has 
its  headquarters  in  Barbados. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  the  right 
to  organize  and  bargain  collectively,  and  authorities  respected  it  in  practice.  Despite 
recent  modest  increases  in  union  membership,  job  losses  in  traditional  sectors  of  the 
economy  have  reduced  overall  union  membership  to  approximately  30  percent  of  the 
working  population.  Normally,  wages  and  working  conditions  are  negotiated 
through  the  collective  bargaining  process,  but  a  tripartite  prices  and  incomes  policy 
accord  signed  in  the  summer  of  1993  established  a  2-year  wage  freeze.  The  revised 
(second)  protocol  contained  provisions  for  negotiated  increases  in  basic  wages  and 
increases  based  on  productivity.  The  new  accord  covered  1995-97. 

Employers  have  no  legal  obligation  to  recognize  unions  under  the  Trade  Union  Act 
of  1964,  but  most  do  so  when  a  significant  percentage  of  their  employees  signify  a 
desire  to  be  represented  by  a  registered  union.  While  there  is  no  specific  law  prohib- 
iting antiunion  discrimination,  tne  courts  provide  a  method  of  redress  for  employees 
alleging  unfair  dismissal.  The  courts  commonly  award  monetary  compensation  but 
rarely  order  reemployment. 

There  are  no  manufacturing  or  special  areas  where  collective  bargaining  rights 
are  legally  or  administratively  impaired.  There  are  no  export  processing  zones. 

c.  F^ohibition  of  Forced  or  Compulsory  I^bor. — The  Constitution  prohibits  forced, 
compulsory,  or  bonded  labor,  including  that  by  children,  and  there  were  no  reports 
of  its  use. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  legal 
minimum  working  age  of  16  is  broadly  observed.  Compulsory  primary  and  secondary 
education  policies,  wliich  require  school  attendance  until  age  16,  reinforce  minimum 
age  requirements.  The  law  prohibits  forced  or  bonded  labor  by  children,  and  the  au- 
thorities efTectively  enforce  it  (see  Section  6.c.).  The  Labor  Department  has  a  small 
cadre  of  labor  inspectors  who  conduct  spot  investigations  of  enterprises  and  check 
records  to  verify  compliance  with  the  law.  These  inspectors  may  take  legal  action 
against  an  employer  who  is  found  to  have  underage  workers. 

e.  Acceptable  Conditions  of  Work. — The  law  sets  and  the  authorities  establish  min- 
imum wages  for  specified  categories  of  workers.  Only  two  categories  of  workers  have 
a  formal^  regulated  minimum  wage — household  domestics  and  shop  assistants 
(entry  level  commercial  workers).  Household  domestics  receive  a  minimum  wage  of 
about  $0.75  (bds  $1.50)  per  hour,  although  in  actual  labor  market  conditions,  the 
prevailing  wage  is  almost  double  that  amount.  There  are  two  age-related  minimum 
wage  categories  for  shop  assistants.  The  adult  minimum  wage  for  shop  assistants 
was  raised  by  13  percent  in  June,  to  $2.13  (bds  $4.25)  per  hour;  the  juvenile  mini- 
mum wage  for  shop  assistants  is  $1.62  (bds  $3.25)  per  hour. 

The  minimum  wage  for  shop  assistants  is  marginally  sufficient  to  meet  minimum 
living  standards;  most  employees  earn  more.  In  1992  an  International  Labor  Orga- 
nization (ILO)  Committee  of  Experts  (COE)  cited  Barbados  for  not  adhering  to  the 
ILO  convention  on  equal  remuneration  in  its  wage  differentials  in  the  sugar  indus- 
try. The  COE  admonished  the  Government  to  ensure  application  of  the  principle  of 
equal  remuneration  for  work  of  equal  value  to  male  and  female  workers  in  the  sugar 
industry  or  to  provide  further  information  on  job  descriptions  which  might  justify 
such  wage  distinction.  This  case  was  not  resolved  by  years  end. 

The  standard  legal  workweek  is  40  hours  in  5  days,  and  the  law  requires  overtime 
payment  for  hours  worked  in  excess.  Barbados  accepts  ILO  conventions,  standards, 
and  other  sectoral  conventions  regarding  maximum  hours  of  work.  However,  there 
is  no  general  legislation  that  covers  all  occupations.  Employers  must  provide  work- 
ers a  minimum  of  3  weeks'  annual  leave.  Unemployment  benefits  and  national  in- 
surance (social  security)  cover  all  workers.  A  comprehensive,  government-sponsored 
health  program  offers  subsidized  treatment  and  medication. 

The  Factories  Act  of  1983  sets  out  the  officially  recognized  occupational  safety  and 
health  standards.  The  Labor  Department  enforces  health  and  safety  standards  and 
follows  up  to  ensure  that  problems  cited  are  corrected  by  management.  The  Fac- 
tories Act  also  requires  that  in  certain  sectors  firms  employing  more  than  50  work- 
ers set  up  a  safety  committee.  This  committee  can  challenge  the  decisions  of  man- 
agement concerning  the  occupational  safety  and  health  environment.  Trade  unions 
have  called  on  the  Government  to  increase  the  number  of  factory  inspectors  in  order 
to  enforce  existing  and  proposed  safety  and  health  legislation  more  effectively,  and 


416 

to  follow  up  to  ensure  that  problems  cited  are  corrected  by  management.  Govern- 
ment-operated corporations  in  particular  were  accused  of  doing  a  "poor  job"  in 
health  and  safety.  The  Government  has  promised  to  undertake  inspections  of  gov- 
ernment-operated corporations  and  manufacturing  plants  as  a  priority.  Workers 
have  a  limited  right  to  remove  themselves  from  dangerous  or  hazardous  job  situa- 
tions without  jeopardizing  their  continued  employment. 


BELIZE 

Belize  is  a  parliamentary  democracy  with  a  constitution  enacted  in  1981  upon 
independence  from  the  United  Kingdom.  The  Prime  Minister,  a  cabinet  of  ministers, 
and  a  legislative  assembly  govern  the  country.  The  Governor  General  represents 
Queen  Elizabeth  II  in  the  largely  ceremonial  role  of  head  of  state.  Both  local  and 
national  elections  are  scheduled  on  a  constitutionally  prescribed  basis.  The  Govern- 
ment generally  respects  the  constitutional  provisions  for  an  independent  judiciary. 

The  Police  Department  has  primary  responsibility  for  law  enforcement  and  main- 
tenance of  order.  The  Belize  Defense  Force  (BDF)  is  responsible  for  external  security 
but  when  deemed  appropriate  by  civilian  authorities  may  be  tasked  to  assist  the  po- 
lice department.  Both  the  police  and  the  BDF  report  to  the  Minister  of  National  se- 
curity and  are  responsible  to  and  controlled  by  civilian  authorities.  There  were  occa- 
sional reports  of  aouse  by  the  police. 

The  economy  is  primarily  agricultural,  although  tourism  has  become  the  principal 
source  of  foreign  exchange  earnings.  The  agricultural  sector  is  heavily  dependent  on 
preferential  access  to  export  markets  for  sugar  and  for  bananas.  The  Government 
favors  free  enterprise  and  generally  encourages  investment,  although  domestic  in- 
vestors are  given  preferential  treatment  over  foreign  investors  in  a  number  of  key 
economic  sectors.  Preliminary  estimates  put  1997  gross  domestic  product  growth  at 
2.5  percent  in  real  terms.  Annual  per  capita  income  was  about  $2,540. 

The  Constitution  provides  for,  and  citizens  enjoy  in  practice,  a  wide  range  of  fun- 
damental rights  and  freedoms.  Principal  human  rights  abuses  include  occasional  use 
of  excessive  force  by  the  police  when  making  arrests,  poor  prison  conditions,  lengthy 
pretrial  detention,  political  influence  on  the  judiciary,  judicial  limits  on  freedom  of 
the  press,  discrimination  and  domestic  violence  against  women,  and  employer  mis- 
treatment of  immigrant  workers  in  the  banana  industry. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  forbids  torture  or  other  inhuman  punishment.  However,  the  police 
occasionally  used  excessive  force  when  making  arrests.  In  September  an  escapee 
from  police  custody  was  brutally  beaten  when  apprehended  by  2  police  officers,  1 
of  whom  struck  the  escapee  21  times  with  a  baton.  The  incident  took  place  in  front 
of  several  witnesses,  including  a  television  news  crew  that  broadcast  the  scene  na- 
tionwide. The  police  department  suspended  the  officer,  and  he  is  expected  to  face 
an  internal  disciplinary  board  at  a  later  date.  The  Police  Department,  the  Police 
Coniplaints  Board,  and  on  occasion  special  independent  commissions  appointed  by 
the  Prime  Minister  investigate  allegations  of  abuse  by  ofiicials.  BDF  representatives 
attended  regional  human  rights  conferences  and  noted  that  human  rights  have  long 
been  a  part  of  their  training  curriculum. 

Prison  conditions  are  poor.  Conditions  at  the  Hattieville  prison — the  nation's  only 
prison — have  steadily  deteriorated  since  it  opened  in  1993  to  replace  the  notoriously 
decrepit  Belize  City  prison.  Although  designed  to  house  500  inmates,  it  now  houses 
1,100  or  about  6  prisoners  per  lO-by-12-Ioot  cell.  Inmates,  especially  those  in  the 
maximum  security  wing,  are  exposed  to  untreated  sewage  running  in  shallow 
ditches  through  the  facility.  The  Hattieville  prison  includes  a  separate  facility  for 
women.  There  are  no  medical  facilities  and  no  health  care  providers  resident  at  the 
prison.  There  is  no  separate  facility  for  inmates  with  mental  illnesses.  Approxi- 
mately 20  percent  of  the  inmates  are  non-Belizeans.  There  are  rare  reports  of 
human  rights  abuses  at  the  prison,  in  the  form  of  physical  brutality  by  prison  war- 
dens. Incidents  of  gang  and  drug  related  violence  in  the  prison  are  on  the  rise. 
There  is  no  attempt  at  social  rehaoilitation,  as  indicated  by  a  75  percent  recidivism 
rate. 


417 

The  Government  took  a  few  steps  to  address  these  problems.  In  July  the  Cjovem- 
ment  renovated  an  old  military  barracks  and  converted  it  into  a  new  juvenile  deten- 
tion facility  called  the  Youth  Enhancement  Academy,  which  will  include  a  rehabili- 
tation program  and  some  efforts  at  job  training.  Previously,  13-  to  15-year-old  chil- 
dren were  jailed  with  hardened  criminals.  The  Government  also  created  the  new 
prison  position  of  coordinator  general,  subsequently  filled  by  the  former  BDF  com- 
mandant, which  reports  direct^  to  the  Minister  of  National  Security.  In  August  the 
Ministry  and  the  Inter-American  Institute  of  Human  Rights  cosponsored  a  2-day 
conference  to  discuss  problems  at  the  prison. 

The  Grovemment  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest or  detention,  and  the  Government  generally  observes  these  prohibitions.  The 
law  requires  the  police  to  inform  a  detainee  of  the  cause  of  detention  within  48 
hours  of  arrest  and  to  bring  the  person  before  a  court  within  72  hours.  In  practice, 
the  authorities  normally  inform  detainees  immediately  of  the  charges  against  them. 
Bail  is  granted  in  all  but  the  most  serious  cases.  In  cases  involvmg  narcotics,  the 

Kolice  cannot  grant  bail,  but  a  magistrate's  court  may  do  so  after  a  full  hearing, 
[any  detainees  cannot  afford  bail,  however,  and  backlogs  in  the  judicial  system 
often  cause  considerable  delays  and  postponements  of  hearings,  resulting  in  an  over- 
crowded prison  and  at  times  prolonged  incarceration  before  trial. 
The  Constitution  forbids  exile,  and  it  does  not  occur. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  generally  respects  this  provision  in  practice.  However, 
notwithstanding  constitutional  provisions,  the  fact  that  prominent  government  lead- 
ers continue  to  practice  law  while  in  office  brought  the  judiciary's  independence  into 
question.  The  appearance  of  judicial  independence  from  the  executive  branch  is  also 
compromised  because  judges  and  the  director  of  public  prosecutions  must  negotiate 
renewal  of  their  employment  contracts  with  the  Government  and  thus  may  be  vul- 
nerable to  political  interference. 

The  judiciary  consists  of  the  magistrate's  courts,  the  Supreme  Court,  and  the 
Court  of  Appeal.  Those  convicted  by  either  a  magistrate's  court  or  the  Supreme 
Court  may  appeal  to  the  Court  of  Appeal.  In  some  cases,  including  those  resulting 
in  a  capital  sentence,  the  convicted  party  may  make  a  final  appeal  to  the  Privy 
Council  in  the  United  Kingdom. 

Persons  accused  of  civil  or  criminal  offenses  have  constitutional  rights  to  pre- 
sumption of  innocence,  protection  against  self-incrimination,  defense  by  counsel,  a 
gubllc  trial,  and  appeal.  Legal  counsel  for  indigent  defendants  is  provided  by  the 
tate  only  for  capital  offenses.  Trial  by  jury  is  mandatory  in  capital  cases.  The  Su- 
preme Court  and  magistrate's  courts  sufTer  backlogs  aggravated  by  the  inability  to 
maintain  a  full  complement  of  judges. 

An  inordinate  number  of  significant  narcotics-related  cases  are  taking  years  to  re- 
solve. In  these  cases,  defendants  are  often  released  on  minimal  bail  payments.  The 
nation's  longest-running  drug  case,  which  took  5  years,  finally  concluoed  with  a  con- 
viction. The  defendants,  however,  were  released  on  a  substantial  bond  pending  an 
appeal. 

The  judicial  system  came  under  public  scrutiny  because  of  several  high-profile 
irregularities.  In  one  instance,  the  Chief  Justice  of  the  Supreme  Court  overturned 
a  lower  court's  sentence  of  four  Colombians  for  narcotics  trafiicking,  despite  the  fact 
that  the  case  was  not  under  the  Supreme  Court's  jurisdiction.  The  Court  of  Appeal 
later  overturned  the  Chief  Justice's  ruling.  In  another  case,  the  Attorney  General's 
office  was  deeply  involved  in  the  high-profile  prosecution  of  an  opposition  political 
leader  and  questioned  the  impartiality  of  the  jury  when  it  acquitted  the  defendant. 

There  are  lengthy  trial  backlogs  in  the  judicial  system.  One  factor  commonly  cited 
is  the  low  pay  offered  to  judges,  resulting  in  a  high  turnover  rate.  Two  of  the  five 
Supreme  Court  justices  resigned  from  the  court  efiective  January  1998,  and  the 
Chief  Justice  retired. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices,  government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  legal  sanctions.  However,  tnere  were 
several  cases  in  which  the  Government  has  expropriated  private  land.  The  law  re- 
quires that  the  Government  assess  and  pay  compensation  in  such  instances,  but 
tnese  cases  take  many  years  to  settle. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press  but  also  permits  the  authorities  to  make  "reasonable  provisions" 
in  the  interests  of  defense,  public  safety,  public  order,   public  morality,  or  public 


418 

health.  These  provisions  include  forbidding  any  citizen  to  question  the  validity  of 
the  financial  disclosure  statements  submitted  by  public  officials.  Anyone  who  ques- 
tions these  statements  orally  or  in  writing  outside  a  rigidly  prescribed  procedure  is 
subject  to  a  fine  of  up  to  $5,000  or  imprisonment  of  up  to  3  years,  or  both. 

A  wide  range  of  viewjwints  is  publicly  presented  usually  without  government  in- 
terference in  six  privately  owned  weekly  newspapers  (there  is  no  daily  press),  half 
of  which  are  directly  afliliated  with  major  political  parties.  All  newspapers  are  sub- 
ject to  the  constraints  of  libel  laws. 

In  a  notable  exception  to  freedom  of  the  press,  in  February  the  Supreme  Court 
issued  an  injunction  barring  the  nation's  print  and  electronic  media  from  reproduc- 
ing or  commenting  upon  an  article  in  the  British  press  that  attacked  the  Supreme 
Court  for  its  position  on  capital  punishment.  The  injunction  stated  that  any  repro- 
duction of  the  article  in  the  press  would  be  considered  contempt  of  court  and  could 
prejudice  several  capital  punishment  cases  before  the  Supreme  Court.  The  major 
newspapers  and  media  outlets  filed  legal  challenges  against  the  injunction  but  were 
not  able  to  persuade  the  Court  to  lift  it. 

The  Supreme  Court  took  a  similar  action  in  what  was  called  the  most  significant 
prosecution  since  independence.  A  former  deputy  leader  of  the  opposition  who 
served  as  Attorney  General  under  an  earlier  government  was  charged  with  commit- 
ting fraud  and  embezzlement  during  his  previous  tenure  as  the  head  of  the  Social 
Security  Department.  The  Supreme  Court  imposed  a  gag  order  on  the  media  barring 
commentary  and  significant  reporting  during  the  6-week  trial,  citing  its  potential 
impact  on  the  jury. 

Since  the  first  privately  owned  commercial  radio  station  began  broadcasting  in 
1990,  other  stations  have  been  established,  broadening  the  audience's  choices.  Popu- 
lar radio  call-in  programs  are  lively  and  feature  open  criticism  of  and  comments  on 
government  and  political  matters.  Through  financial  subsidies,  the  Government  con- 
tinues to  exert  suostantial  editorial  influence  over  the  nominally  autonomous  Broad- 
casting Corporation  of  Belize  (BCB)  and  its  two  radio  stations;  BCB  once  held  a  mo- 
nopoly on  radio  in  the  country.  The  Government  utilizes  BCB  studios  and  facilities 
to  produce  partisan  advertisements  and  party  propaganda. 

There  are  eight  privately  owned  television  broadcasting  stations,  including  several 
cable  networks  in  Belize  City  and  the  major  towns.  The  Government's  Belize  Infor- 
mation Service  and  two  independent  television  stations  produce  local  news  and  fea- 
ture programs.  The  Belize  Broadcasting  Authority  (BBA)  regulates  broadcasting  and 
asserts  its  right  to  preview  certain  broadcasts,  such  as  those  with  political  content, 
and  to  delete  any  defamatory  or  personally  libelous  material  from  political  broad- 
casts. As  far  as  is  known,  the  BBA  did  not  exercise  this  authority  during  1997  al- 
though there  appeared  to  be  ample  opportunity  to  do  so  during  the  aggressive  and 
negative  media  campaigns  each  party  waged  during  the  year. 

The  law  provides  for  academic  freedom,  and  the  Government  respects  it  in  prac- 
tice. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly  and  the  authorities  honor  it  in  practice.  Political  parties  and 
other  groups  with  political  objectives  freely  hold  rallies  and  mass  meetings.  The  or- 
ganizers 01  public  meetings  must  obtain  a  permit  36  hours  in  advance  of  the  meet- 
ings; such  permits  are  not  denied  for  political  reasons  and  are  routinely  granted  in 
practice. 

The  Constitution  permits  citizens  to  form  and  join  associations  of  their  choice, 
both  political  and  nonpolitical. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice. 

The  Government  generally  cooperates  with  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. In  March  the  UNHCR  downgraded  its  mission  to  a  liaison  office  and  ceased 
all  funding  for  the  Government's  Refugee  Department,  which  had  previously  relied 
upon  UNHCR  to  pay  all  program  costs,  including  department  employees'  salaries. 
Tne  Government  is  searching  for  alternative  sources  oi  funding. 

A  government  committee  to  review  applications  for  asylum  meets  weekly  and  in- 
cludes a  UNHCR  representative  as  a  member.  The  Government  turned  down  ap- 
proximately 100  requests  for  asylum  in  1997.  The  Government  honors  the  principle 
of  first  asylum,  and  most  recently  provided  it  to  four  persons  in  1995. 

In  the  wake  of  the  civil  conflicts  in  Central  America  during  the  1980's,  over 
40,000  mostly  Hispanic  immigrants  came  to  Belize,  many  of  them  entering  illegally 
and  living  in  the  country  without  documentation.  The  Government  has  granted  asy- 


419 

lum  and  allowed  local  resettlement  of  about  8,000  refugees.  In  a  move  criticized  by 
the  UNHCR,  the  Government  reinterpreted  its  law  to  require  refugees  to  live  in 
Belize  for  10  years  before  they  can  apply  for  citizenship,  whereas  nonrefugee  resi- 
dents must  only  live  in  the  country  for  5  years  before  applying. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Belize  is  a  democracy  governed  by  a  Legislative  Assembly,  with  executive  direc- 
tion from  a  cabinet  of  ministers  headed  by  Prime  Minister  Manuel  Esquivel.  The 
law  reqruires  national  elections  at  least  every  5  years. 

All  elections  are  by  secret  ballot,  and  sufTrage  is  universal  for  citizens  18  years 
and  older.  National  political  parties  include  the  People's  United  Party  (PUP),  the 
United  Democratic  Party  (UDP),  the  National  Alliance  for  Belizean  Rights  (NABR), 
and  the  People's  Democratic  Party  (PDP).  The  nation's  ethnic  diversity  is  reflected 
in  each  party's  membership.  The  Government  changed  hands  (for  the  third  time 
since  independence  in  1981)  in  1993  when  a  coalition  of  the  UDP  and  the  NABR 
won  16  of  29  seats  in  the  House  of  Representatives. 

No  laws  impede  participation  of  women  in  politics;  their  scarcity  in  electoral  poli- 
tics can  be  attributed  to  tradition  and  socioeconomic  factors.  Women  hold  a  number 
of  appointive  offices,  including  three  of  nine  Senate  seats.  One  member  of  the  29- 
seat  House  of  Representatives  is  a  woman,  but  women  in  elective  office  are  the  ex- 
ception. None  hold  senior  positions  higher  than  membership  on  the  executive  com- 
mittees of  the  political  parties. 

There  are  no  laws  impeding  participation  by  indigenous  people  or  minority  groups 
in  politics.  There  are  Garifuna  and  Hispanic  representatives  at  the  national  political 
level,  but  there  are  no  Mayan  representatives  at  that  level. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  findings  on  human  rights  cases.  Government  oHlcials 
are  generally  cooperative  and  responsive  to  their  activities.  The  Human  Rights  Com- 
mission of  Belize  (HRCB),  a  nongovernmental  organization  (NGO)  affiliated  with  re- 
gional human  rights  organizations  and  partly  funded  by  the  UNHCR,  operates  free 
of  government  restriction  on  a  wide  range  of  issues,  including  refugee  and  agricul- 
tural workers'  rights,  cases  of  alleged  police  abuse,  and  cases  of  alleged  illegal  de- 
portations of  Central  American  nationals.  The  HRCB  publicizes,  and  urges  police 
and  other  government  bodies  to  act  upon  complaints  it  receives.  After  a  period  of 
inactivity  in  1996,  the  HRCB  gained  new  prominence  through  media  reports  of  its 
grassroots  workshops  in  local  villages  to  educate  citizens  about  human  rights. 

Local  and  international  human  rights  groups  operate  freely,  and  the  Government 
cooperates  with  independent  investigations  of  human  rights  conditions. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Belize  is  a  multiracial,  multiethnic  country,  and  the  Government  actively  pro- 
motes tolerance  and  cross-cultural  understanding.  Discrimination  on  ethnic  or  reli- 
gious gi^unds  is  illegal  and  not  common,  although  ethnic  tension,  particularly  re- 
sentment of  recently  arrived  Central  American  and  Asian  immigrants,  continued  to 
be  a  problem.  The  Government  continues  to  reserve  certain  professions  for  Belizean 
nationals,  granting  permits  and  licenses  to  non-Belizeans  only  in  specific  cases. 
These  occupations  include  fishing,  souvenir  manufacturing,  sightseeing  tours,  ac- 
counting, insurance,  real  estate,  and  legal  services. 

Women. — Domestic  violence  against  women  is  a  chronic  problem.  Women  Against 
Violence,  an  NGO  with  branches  throughout  the  country,  runs  a  shelter  for  battered 
women  and  a  hot  line  for  rape  victims. 

Despite  constitutional  provisions  for  equality,  women  face  social  and  economic 
preiuaices.  For  example,  women  find  it  more  difilcult  than  men  to  obtain  business 
and  agricultural  financing  and  other  resources.  Most  employed  women  are  con- 
centrated in  female-dominated  occupations  with  traditionally  low  status  and  wages. 
A  women's  bureau  in  the  Ministry  of  Labor  and  Social  Services  is  charged  with  de- 
veloping programs  to  improve  the  status  of  women.  A  number  of  ofTicially  registered 
women's  groups  work  closelv  with  various  government  ministries  in  promoting  so- 
cial awareness  programs.  Women  have  access  to  education  and  are  active  in  all 
spheres  of  national  life,  but  relatively  few  are  found  in  top  managerial  positions. 
While  the  law  mandates  that  women  receive  equal  pay  for  equal  work,  female  wage 
earners  often  earn  less  than  men  in  similar  jobs.  There  are  no  legal  impediments 
to  women  owning  or  managing  land  or  other  real  property. 


420 

Children. — Education  is  compulsory  for  children  ages  5  to  14.  There  is  a  family 
services  division  in  the  Ministry  of  Human  Resources  devoted  primarily  to  children's 
issues.  The  division  coordinates  programs  for  children  who  are  victims  of  domestic 
violence,  advocates  remedies  in  specific  cases  before  the  family  court,  conducts  pub- 
lic education  campaigns,  and  works  with  NGO's  and  the  United  Nations  Children's 
Fund  to  promote  children's  welfare.  There  is  also  a  national  committee  for  families 
and  children,  chaired  by  the  Minister  of  Human  Resources.  There  is  no  societal  pat- 
tern of  abuse  of  children. 

People  With  Disabilities. — The  law  does  not  specifically  mandate  provision  of  ac- 
cessibility for  disabled  persons  nor  prohibit  job  discrimination  against  them.  The 
Government's  Disability  Services  Unit,  as  well  as  a  number  of  NuO's  such  as  the 
Belize  Association  of  and  for  Persons  with  Disabilities  and  the  Belize  Center  for  the 
Visually  Impaired,  provide  assistance  to  physicallv  disabled  persons.  Disabled  chil- 
dren have  access  to  government  special  education  facilities. 

Indigenous  People. — There  are  a  number  of  indigenous  people  loosely  grouped 
under  the  general  term  Maya.  The  Maya  have  sought  official  recognition  of  their 
communal  claims  to  land,  but  the  Government  has  been  reluctant  to  single  out  one 
ethnic  group  for  special  consideration.  The  Maya  reservations  are  not  demarcated 
on  official  maps,  and  the  Maya  have  filed  suit  to  force  the  Government  to  accord 
recognition  to  their  reservations.  The  Mayans  have  formed  cultural  councils  and 
other  groups  to  advance  their  interests,  sometimes  with  the  collaboration  of  NGO's 
concerned  with  environmental  and  indigenous  issues. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — By  statute  and  in  practice,  workers  are  free  to  estab- 
lish and  join  trade  unions.  Eleven  independent  unions,  with  approximately  11  per- 
cent of  the  labor  force,  represent  a  cross-section  of  white-collar,  blue-collar,  and  pro- 
fessional workers,  including  most  civil  service  employees.  Several  of  these  unions, 
however,  are  inactive.  The  Ministry  of  Labor  recognizes  unions  after  they  file  with 
the  office  of  registry.  The  law  empowers  members  to  draft  the  by-laws  and  constitu- 
tions of  their  unions,  and  they  are  free  to  elect  officers  from  among  the  membership 
at  large.  Unions  that  choose  not  to  hold  elections  may  act  as  representatives  for 
their  membership,  but  the  national  Trade  Union  Congress  permits  only  unions  that 
hold  free  and  annual  elections  of  oflicers  to  join  its  ranks.  Both  law  and  precedent 
effectively  protect  unions  against  dissolution  or  suspension  by  administrative  au- 
thority. 

The  law  permits  unions  to  strike,  but  unions  representing  essential  services  may 
strike  only  after  giving  21  days'  notice  to  the  ministry  concerned. 
Although  no  unions  are  officially  affiliated  with  political  parties,  several  are  sym- 

fiathetic  to  one  or  the  other  of  the  two  main  parties  (the  UDP  and  the  PUP).  Unions 
reely  exercise  the  right  to  form  federations  and  confederations  and  affiliate  with 
international  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  collec- 
tive bargaining  and  unions  freely  practice  it  throughout  the  country.  Employers  and 
unions  set  wages  in  free  negotiations,  or,  more  commonly,  employers  simply  estab- 
lish them.  The  Labor  Commissioner  acts  as  a  conciliator  in  deadlocked  collective 
bargaining  negotiations  between  labor  and  management,  offering  nonbinding  coun- 
sel to  both  sides.  Historically,  the  Commissioner's  guidance  has  been  voluntarily  ac- 
cepted. However,  should  either  union  or  management  choose  not  to  accept  the  Com- 
missioner's decision,  both  are  entitled  to  a  legal  hearing  of  the  case,  provided  that 
it  is  linked  to  some  provision  of  civil  or  criminal  law. 

The  Constitution  prohibits  antiunion  discrimination  both  before  and  after  a  union 
is  registered.  Unions  may  freely  organize,  but  the  law  does  not  require  employers 
to  recognize  a  union  as  a  bargaining  agent.  Some  employers  have  been  known  to 
block  union  organization  by  terminating  the  employment  of  key  union  sympathizers, 
usually  on  grounds  purportedly  unrelated  to  union  activities.  Effective  redress  is  ex- 
tremely difficult  in  such  situations.  Technically,  a  worker  may  file  a  complaint  with 
the  Labor  Department,  but  in  practice  it  was  virtually  impossible  to  prove  that  a 
termination  was  due  to  union  activity. 

The  Labor  Code  applies  in  the  country's  two  export  processing  zones  (EPZ's). 
There  are  no  unions  in  the  EPZ's,  however,  reOecting  the  general  weakness  of  orga- 
nized labor  in  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  and  laws  forbid 
forced,  compulsory,  or  bonded  labor,  and  it  is  not  generally  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Laws  pro- 
hibit forced  and  bonded  labor  by  children,  and  the  Government  effectively  enforces 
this  prohibition.  The  minimum  age  for  employment  is  14  years,  or  17  years  for  em- 
ployment near  hazardous  machinery.  Inspectors  from  the  Ministries  of  Labor  and 


421 

Education  enforce  this  regulation,  although  in  recent  years  school  truancy  officers, 
who  have  historically  borne  the  brunt  of  the  enforcement  burden,  have  been  less  ac- 
tive. The  law  requires  children  between  the  ages  of  5  and  14  to  attend  school,  but 
there  are  many  truants  and  dropouts. 

e.  Acceptable  Conditions  of  Work. — The  minimum  wage  is  $1.12  (BZ$2.25),  except 
in  export  industries  where  it  is  $1.00  (BZ$2.00)  per  hour.  For  domestic  workers  and 
shop  assistants  in  stores  where  liquor  is  not  consumed,  the  rate  is  $0.87  (BZ$1.75) 
per  hour.  The  minimum  wage  law  does  not  cover  workers  paid  on  a  piecework  basis. 
The  Ministry  of  Labor  is  charged  with  enforcing  the  legal  minimum  wage,  which 
is  generally  respected  in  practice.  The  minimum  wage  as  a  sole  source  of  income 
is  inadequate  to  provide  a  decent  standard  of  living  for  a  worker  and  family.  Most 
seilaried  workers  receive  more  than  the  minimum  wage. 

The  law  sets  the  normal  workweek  at  no  more  than  6  days  or  45  hours.  It  re- 
quires payment  for  overtime  work  and  an  annual  paid  vacation  of  2  weeks.  A  patch- 
work of  health  and  safety  regulations  covers  numerous  industries,  and  the  Min- 
istries of  Labor  and  Public  Health  enforce  these  regulations  to  varying  degrees.  En- 
forcement is  not  universal,  and  the  ministries  commit  their  limited  inspection  and 
investigative  resources  principally  to  urban  and  more  accessible  rural  areas  where 
labor,  health,  and  safety  complaints  have  been  registered.  Workers  have  the  legal 
right  to  remove  themselves  from  a  dangerous  workplace  situation  without  jeopardy 
to  continued  employment. 

The  exploitation  of  undocumented  Hispanic  workers,  particularly  young  service 
workers  and  possibly  some  agricultural  workers,  continued  to  be  a  major  issue  for 
the  Government,  the  HRCB,  and  other  concerned  citizens.  Banana  farm  owners  are 
slowly  moving  the  housing  they  provide  for  their  workers  away  from  the  fields 
where  poisonous  pesticides  are  sprayed.  Health  clinics  in  the  region  report  that  the 
most  frequently  treated  ailments  are  pesticide-related  skin  conditions.  Company- 
provided  housing  often  lacks  electricity  and  water. 


BOLIVIA 

A  constitutional,  multiparty  democracy  with  an  elected  president  and  bicameral 
legislature,  Bolivia  has  separate  executive,  legislative,  and  judicial  branches  with  an 
attorney  general  independent  of  all  three.  The  judiciary,  while  independent,  is  cor- 
rupt and  inefficient.  The  executive  and  legislative  branches  share  these  defects  to 
some  extent.  Implementation  of  the  1994  constitutional  amendments  to  reform  the 
political  and  judicial  systems  continued  and  was  partially  completed  by  the  end  of 
1997. 

The  National  Police  have  primary  responsibility  for  internal  security,  but  military 
forces  can  be  called  upon  for  help  in  critical  situations.  A  special  antinarcotics  force 
(FELCN),  including  the  Mobile  Rural  Patrol  Unit  (UMOPAR),  is  dedicated  to 
antinarcotics  enforcement.  Civilian  authorities  maintain  effective  control  of  the  se- 
curity forces,  but  some  members  of  these  forces  committed  human  rights  abuses. 

Bolivia  has  extensive  poverty,  and  many  citizens  lack  access  to  such  basic  services 
as  px)table  water,  sewage,  electricity  and  primary  health  care.  Per  capita  gross  do- 
mestic product  (GDP)  is  about  $930.  The  country  is  rich  in  minerals  and  hydro- 
carbons, and  extensive  investments  in  petroleum  deposits  in  the  eastern  part  of  the 
country  are  expected  to  form  a  basis  for  strong  GDP  growth  in  the  future.  Most 
workers  engage  in  traditional  agriculture,  however,  and  many  citizens  will  remain 
barely  linked  to  the  cash  economy. 

The  Government  generally  respected  the  human  rights  of  its  citizens;  however, 
legal  and  institutional  deficiencies  prevented  their  full  protection.  The  most  perva- 
sive human  rights  abuse  continued  to  be  prolonged  incarceration  of  detainees  due 
to  antiquated  procedures,  and  inefficiency  and  corruption  in  the  judicial  system. 
There  were  credible  reports  of  abuses  by  police,  including  use  of  excessive  force, 
petty  theft,  extortion,  and  improper  arrests.  Human  rights  groups  criticized  the 
FELCN  and  the  UMOPAR  for  alleged  abuses  against  coca  growers  and  peasants  in 
the  Chapare  region.  An  investigation  by  the  Inter-American  Commission  on  Human 
Rights  found  that  security  forces  committed  excesses  resulting  in  the  deaths  of  nine 
civilians  in  December  1996  and  that  the  Government  did  not  act  to  identify  and 
punish  those  responsible.  Investigations  of  alleged  official  abuses  were  slow.  Other 
problems  include  harsh  prison  conditions,  discrimination  against  and  abuse  of 
women  and  indigenous  people,  abuse  of  children,  and  inhuman  working  conditions 
in  the  mining  industry. 


422 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — ^There  were  no  reports  of  politically 
motivated  killings.  However,  14  civilians  were  killed  in  the  course  of  law  enforce- 
ment operations  that  encountered  armed  resistance.  The  precise  causes  and  cir- 
cumstances of  these  deaths  have  not  been  oflicially  determined,  but  it  appeared  that 
some  resulted  from  the  use  of  excessive  force  by  authorities.  Four  police  officers 
were  killed  by  gunfire  and  one  by  beating  in  these  operations. 

In  December  1996,  police  and  military  forces  were  ordered  to  the  Amayapampa 
area  in  Potosi  department  to  dislodge  miners  who  had  seized  a  privately  owned 
mine  in  a  dispute  with  the  mine's  management.  The  miners  had  disarmed  police 
units  that  tried  earlier  to  recapture  another  mine  seized  from  the  same  manage- 
ment. In  the  Amayapampa  confrontations,  nine  civilians  and  one  police  officer  were 
killed.  The  Government  requested  an  investigation  by  the  Inter-American  Commis- 
sion on  Human  Rights  (lACHR).  In  its  July  report,  the  lACHR  found  that  on  De- 
cember 19,  1996,  four  civilians  were  killed  when  police  with  riot  gear  and  military 
troops  with  rifles  fought  civilians  armed  with  rocks  and  dynamite.  On  December  20, 
1996,  a  police  colonel  was  killed  by  rifle  fire  from  ambush;  27  other  security  officials 
and  a  civilian  doctor  were  wounded.  There  were  no  civilian  casualties  in  this  en- 
counter. Later  that  day,  two  civilians  were  killed  when  security  forces  using  rifles 
occupied  a  village  barricaded  by  civilians  armed  with  rocks  and  dynamite.  On  De- 
cember 21,  a  civilian  nurse  helping  the  insurgent  miners  bled  to  death  from  an  un- 
treated bullet  wound  in  the  leg.  Four  other  civilians  and  three  soldiers  were  wound- 
ed in  the  December  21  attack.  The  circumstances  of  the  two  additional  confirmed 
civilian  deaths  have  not  been  clarified.  The  lACHR  concluded  that  some  of  the  civil- 
ians killed  were  not  active  in  the  confiict. 

Military  authorities  who  took  control  of  the  area  did  not  permit  some  autopsies, 
ballistics  tests,  or  other  normal  investigative  measures,  although  the  Ministry  of 
Justice  requested  them.  The  lACHR  found  that  the  Government  was  responsible  for 
the  undisciplined  actions  of  its  security  forces,  although  they  exceeded  their  orders, 
and  that  the  Government  was  also  responsible  for  not  fully  investigating  the  violent 
events  and  punishing  those  who  caused  the  civilian  and  ofTicial  casualties.  After  the 
inauguration  of  the  new  (}ovemment  on  August  6,  the  Minister  of  Justice  and  the 
Attorney  General  ordered  a  complete  investigation  of  the  Amayapampa  incidents, 
which  was  still  under  way  at  years  end. 

Violence  increased  in  the  Chapare  region  as  the  Government  intensified  its  efTorts 
to  eradicate  illegal  coca  in  the  first  months  of  the  year.  Beginning  on  April  17,  a 
series  of  clashes  between  coca  growers  and  eradication  forces  led  to  the  deaths  of 
five  civilians  and  one  policeman.  Three  of  the  five  civilians  and  the  policeman  died 
of  gunshot  wounds.  Justice  Ministry  human  rights  investigators  found  that  the 
fourth  civilian  death,  which  had  initially  been  attributed  to  gunfire,  was  caused  by 
falling  from  a  roof.  The  fifth  civilian  death,  that  of  an  infant  allegedly  overcome  by 
tear  gas  fumes,  occurred  after  human  rights  personnel  took  the  child  to  a  hospital. 
He  was  suffering  from  a  severe  infection,  undernourishment,  and  dehydration.  Fam- 
ily members  withheld  the  bodies  of  the  infant  and  the  fourth  adult  civilian  casualty 
from  the  authorities  and  buried  them  without  an  autopsy.  In  the  course  of  the  April 
encounters,  15  civilians  and  3  police  officers  were  wounded  by  gunfire.  Another  27 
civilians  and  3  police  officers  suffered  injuries  unrelated  to  gunfire.  An  office  of 
DIRECO,  the  coca  eradication  agency,  and  vehicles  were  burned,  and  three  police 
officials  were  briefly  taken  hostage. 

Police  and  DIRECO  employees  were  ambushed  on  May  7  when  returning  to  their 
bases.  One  policeman  was  killed  and  four  other  police  and  DIRECO  personnel  were 
wounded  by  gunfire.  Despite  extensive  searches  and  claims  to  the  contrary  by  coca 
growers,  no  evidence  of  civilian  casualties  was  found.  In  August  a  policeman  died 
from  internal  injuries  caused  by  a  blunt  object,  presumably  a  sling-fired  stone,  in 
the  May  7  confrontation. 

One  policeman  was  killed  and  another  wounded  by  gunfire  in  an  ambush  on  July 
2.  One  coca  grower  was  wounded  by  shotgun  pellets.  Medical  examination  proved 
these  to  be  lead  pellets,  not  the  rubber  pellets  used  by  police,  indicating  that  he 
was,  in  fact,  shot  hy  his  fellow  coca  growers.  The  police  arrested  eight  coca  growers 
in  connection  with  this  incident,  but  the  case  was  not  resolved. 

The  police  temporarily  arrested  large  numbers  of  civilians  in  connection  with 
these  confrontations  but  none  were  prosecuted.  There  were  credible  allegations  that 
police  used  undue  force  in  making  some  arrests.  There  were  also  credible  complaints 
that  UMOPAR  members  often  aid  not  wear  name  tags  on  their  uniforms  as  re- 
quired, making  it  impossible  to  identify  individuals  who  allegedly  committed  abuses. 


423 

Final  results  of  investigations  of  these  events,  the  two  law  enforcement-related 
deaths  reported  in  1996,  and  the  five  deaths  in  the  Chapare  in  1995,  have  not  been 
released.  No  action  is  known  to  have  been  taken  against  any  officials  involved.  The 
police  officer  accused  in  1994  of  murdering  coca  worker  Felipe  Pe?^z  Ortiz,  who  es- 
caped from  custody  in  September  of  that  year,  has  not  been  recaptured.  The  Govern- 
ment's failure  to  complete  effective  investigations  and  identify  and  punish  those  re- 
sponsible for  either  civilian  or  police  deaths  within  a  reasonable  time  creates  an  at- 
mosphere of  impunity  and  a  condition  that  almost  amounts  to  lawlessness. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Government  honors  the  constitutional  prohibition  against  torture.  However, 
there  were  reports  that  police  used  undue  force  in  detaining  coca  workers  during 
antinarcotics  operations.  Although  many  such  allegations  clearly  were  politically 
motivated  exaggerations,  the  similarity  and  volume  of  such  claims  suggest  that  they 
had  some  basis  in  truth.  For  example,  during  incidents  in  April,  May,  and  July,  po- 
lice used  excessive  force  in  making  some  arrests  (see  Section  l.a.).  However,  no  se- 
curity personnel  were  charged  or  tried.  In  January  police  arbitrarily  arrested  and 
beat  an  official  of  a  human  rights  organization  (see  Section  l.d.). 

Several  police  officers  were  fired  and  charged  for  off-duty  crimes  including  theft 
and  rape.  In  general,  however,  police  and  prosecutors  were  reluctant  to  prosecute 
security  officials  for  ofTenses  committed  while  on  duty.  The  Congress  has  yet  to  take 
action  on  the  1995  report  of  its  Human  Rights  Commission  resurrecting  allegations 
that  police  officials  had  in  past  years  tortured  captured  terrorists  and  recommend- 
ing that  criminal  proceedings  be  opened  against  a  number  of  named  officers. 

Prison  conditions  are  harsh.  Prisons  are  overcrowded,  and  conditions  can  be  life- 
threatening  for  inmates  without  money.  Ability  to  pay  can  determine  cell  size,  visit- 
ing privileges,  day-pass  eligibility,  and  place  or  even  length  of  confinement.  Cell 
pnces  range  from  $20  to  $5,000,  paid  to  prior  occupants  or  to  prisoners  who  control 
cell  blocks.  In  the  poorest  parts  of  La  Paz'  San  Pedro  prison,  for  example,  inmates 
occupy  tiny  cells  (3  by  4  by  6  feet)  with  no  ventilation,  lighting,  or  beds.  Crowding 
in  some  "low-rent"  sections  obliges  inmates  to  sleep  sitting  up.  Children  up  to  6 
years  old  may  live  with  an  incarcerated  parent;  more  than  1,200  children  do  so,  ac- 
cording to  a  February  government  report.  The  authorities  worked  to  get  such  chil- 
dren out  of  prisons,  but  many  have  nowhere  else  to  go,  and  the  Government  consid- 
ers it  more  humane  to  support  them  in  prison  than  leave  them  homeless  in  the 
streets.  The  standard  prison  diet,  according  to  a  1995  study,  can  cause  anemia;  the 
diet  has  not  been  improved  since  then.  Drugs  and  alcohol  are  readily  available  for 
those  inmates  who  can  pay.  There  is  no  adequate  health  care  within  the  prisons, 
and  it  is  very  difficult  for  prisoners  to  get  permission  for  medical  treatment  outside. 
Affiuent  prisoners,  however,  can  obtain  transfers  to  preferred  prisons  or  even  to  out- 
side private  institutional  care  for  "medical"  reasons. 

Convicted  juvenile  prisoners  are  not  segregated  from  adult  prisoners  in  jails.  Re- 
habilitation programs  for  juveniles  or  other  prisoners  are  scarce  to  nonexistent.  The 
Government  has  acknowledged  these  problems  but  does  not  have  sufficient  re- 
sources to  connect  them  quickly. 

The  Government  permits  prison  visits  by  human  rights  monitors  and  news  media 
representatives.  A  nigh-level  delegation  from  the  International  Conunittee  of  the 
Red  Cross  visited  prisons  and  talked  with  all  inmates  accused  of  terrorism,  in  con- 
nection with  the  'Tupac  Amaru  (MRTA)  terrorist  takeover  of  the  Japanese  Ambas- 
sador's residence  in  Lima,  Peru. 

The  incidence  of  violence  in  the  Chapare  coca-growing  region  increased  over  1996, 
as  some  growers  formed  armed  "self-defense  groups"  to  oppose  the  eradication  of  il- 
legal coca.  There  were  credible  reports  that  coca  growers  unions  used  physical  coer- 
cion and  intimidation  to  prevent  farm  workers  from  cooperating  with  the  Govern- 
ment in  coca  eradication.  In  February  a  large  group  of  protesters  destroyed  a 
DIRECO  office  and  kidnaped  an  employee;  security  forces  found  and  freed  him  after 
24  hours.  Indigenous  groups  complained  that  armed  coca  growers  continued  to  in- 
vade their  lands  by  force  and  coerce  or  bribe  their  members  to  cultivate  illegal  coca. 

Indigenous  communities  in  areas  with  little  or  no  central  government  presence 
impose  punishment  reliably  reported  to  include  the  death  penalty  on  members  who 
violate  traditional  laws  or  rules,  although  such  punishment  is  forbidden  by  the  Con- 
stitution. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Arrests  are  carried  out  openly.  The  law 
requires  a  valid  warrant,  which  a  court  must  confirm  within  48  hours.  However, 
there  were  credible  reports  that  these  legal  safeguards  were  violated  in  some  cases. 

On  January  25,  plainclothes  police  agents  seized  Waldo  Albarracin,  President  of 
the  Bolivian  Permanent  Assembly  for  Human  Rights  (APDH)  on  a  public  bus  and 
held  him  for  several  hours  before  delivering  him  to  a  police  station.  Police  then  took 


45-909    98-15 


424 

him  immediately  to  a  medical  clinic  to  investigate  his  complaint  that  he  had  been 
beaten  while  in  illegal  custody.  The  first  examining  physician  reported  that  there 
were  no  signs  of  physical  injury.  However,  a  second  clinic,  to  whicn  Albarracin  was 
taken  at  the  insistence  of  Ministry  of  Justice  human  rights  officials,  found  ample 
evidence  that  Albarracin  had  been  physically  mistreated. 

The  Government  said  first  that  Albarracin  had  been  legally  arrested  on  several 
charges  including  sedition  and  insurrection  because,  according  to  a  newspaper  re- 
port, he  had  suggested  that  the  police  colonel  killed  in  the  Amayapampa  violence 
might  have  been  shot  by  his  own  men.  The  complaint  against  Albarracin  was  filed 
by  a  senior  police  ofiicer.  Albarracin  alleged  that  the  newspaper  had  misquoted  him 
and  that  the  police  had  acted  arbitrarily  based  only  on  an  unconfirmed  account.  The 
acting  District  Prosecutor  for  La  Paz  denied  that  her  office  had  issued  any  arrest 
warrant  for  Albarracin.  The  Technical  Judicial  Police,  to  whom  Albarracin  was  de- 
livered by  the  arresting  agents,  denied  that  they  had  any  documentation  to  support 
his  arrest. 

The  Commander  of  the  National  Police  was  replaced  quickly  afler  the  discrep- 
ancies in  the  official  story  became  public.  Two  police  intelligence  agents  were  identi- 
fied as  Albarracin's  abductors.  The  Constitution  Commission  of  the  Chamber  of  Dep- 
uties assumed  jurisdiction  over  the  investigation,  which  by  law  supersedes  any  po- 
lice investigative  authority.  The  Commission  became  deadlocked  because  some  mem- 
bers wanted  the  abducting  agents  to  be  tried  by  regular  criminal  courts  while  others 
believed  that  they  should  only  receive  administrative  discipline.  The  Commission 
was  not  able  to  issue  a  report  before  the  Congress  recessed  for  the  June  1  national 
elections.  The  new  Congress  did  not  deal  with  the  matter,  and  the  police  agents  re- 
mained unpunished  at  year's  end. 

Denial  oi  justice  through  prolonged  detention  remains  the  most  pervasive  human 
rights  problem.  Judicial  corruption,  a  shortage  of  public  defenders,  inadequate  case- 
tracking  mechanisms,  and  complex  criminal  justice  procedures  keep  persons  incar- 
cerated for  months,  or  even  years,  before  trial.  The  Conctitution  provides  for  judicial 
determination  of  the  legality  of  detention.  Prisoners  are  released  if  a  judge  rules  de- 
tention illegal,  but  the  process  can  take  months.  Prisoners  may  see  a  lawyer,  but 
approximately  70  percent  cannot  afford  legal  counsel,  and  public  defenders  are  over- 
burdened. Bail  exists,  except  in  some  drug  cases,  and  is  generally  granted. 

The  Government  continued  to  address  the  problem  of  delay  ofjustice  by  imple- 
menting the  1994  constitutional  reforms  to  streamline  the  judicial  system  and  by 
taking  measures  to  correct  other  deficiencies  as  they  come  to  light.  Although  large 
numbers  of  prisoners  continued  to  be  released  under  the  Personal  Recognizance  Law 
promulgatea  in  1996,  most  prisoners  still  await  either  trial  or  sentencing. 

TTie  expanding  public  defender  program  pursues  an  active  approach  by  distribut- 
ing concise  information  about  human  rights  to  the  populace  and  seeking  to  be  in- 
volved in  arrest  cases  at  the  earliest  possible  juncture  to  ensure  that  human  rights 
and  due  process  are  honored.  The  new  program  of  mobile  public  defenders  who  can 
reach  the  more  remote  parts  of  the  country  has  proven  enective,  obtaining  the  re- 
lease of  arrested  persons  in  about  60  percent  of  the  cases  handled,  and  is  being  ex- 
tended to  additional  isolated  regions. 

Children  from  11  to  16  years  of  age  can  be  detained  indefinitely  in  children's  cen- 
ters for  known  or  suspected  offenses,  or  for  their  protection,  simply  on  the  orders 
of  a  social  worker.  There  is  no  judicial  review. 

The  Government  does  not  use  forced  exile  as  a  punishment. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  independent,  but  corruption  and 
intimidation  in  the  judicial  system  remain  major  problems.  Poor  pay  and  working 
conditions  help  make  judges  and  prosecutors  susceptible  to  bribes.  Five  Supreme 
Court  justices  are  the  subject  of  corruption  allegations  or  lawsuits  that  have  not 
been  resolved. 

The  judicial  system  has  four  levels:  Investigative,  trial,  and  superior  courts,  with 
the  Supreme  Court  at  the  apex. 

Police  present  the  case  of  an  arrested  person  to  a  prosecutor.  If  the  prosecutor 
decides  to  prosecute,  the  case  is  then  submitted  to  an  investigative  court  which  de- 
cides whether  there  is  sufficient  evidence  to  issue  an  indictment;  if  so,  the  case  goes 
to  a  trial  court.  The  trial  court's  decision  may  be  appealed  to  superior  court  and, 
eventually,  to  the  Supreme  Court.  Cases  of  persons  arrested  under  the 
countemarcotics  law  go  directly  from  a  special  prosecutor  to  the  trial  court.  The 
trial  court's  decision  must  be  reviewed  by  the  district  superior  court,  which  may  con- 
firm, lower,  raise,  or  annul  the  sentence,  or  impose  a  sentence  where  there  was  none 
before.  Both  the  district  prosecutor  and  the  defense  attorney  may  make  rec- 
ommendations and  comments  at  this  stage.  Superior  court  decisions  in  narcotics 
cases  must  be  reviewed  by  the  Supreme  Court,  whose  decision  is  final.  Under  the 
Personal  Recognizance  Law,  persons  who  are  absolved  or  found  innocent  in  either 


425 

of  the  two  first  instances  may  then  be  granted  provisional  liberty  while  they  await 
the  mandatory  higher  reviews. 

The  authorities  generally  respect  the  constitutional  provision  of  the  right  to  a  fair 
public  trial.  However,  the  maximum  time  periods  permitted  by  law  for  different 
stages  of  the  judicial  process  frequently  are  exceeded.  Supreme  Court  justices  admit 
that  it  is  sometimes  oilTicult  to  assemble  the  quorum  needed  for  decisions,  and  con- 
sequently the  Court's  rulings  are  unduly  delayed.  TTie  authorities  suspended  6 
judges  and  fined  or  placed  on  probation  15  others  because  they  misapplied  the  law 
or  unlawfully  delayed  the  judicial  process. 

A  revised  Criminal  Code  was  adopted  containing  stronger  provisions  for  the  pro- 
tection of  life  and  against  official  corruption.  A  new  Law  on  Civil  Processes  and 
Family  Assistance  shortened  the  periods  allowed  for  various  stages  of  civil  suits  and 
eliminated  some  opportunities  for  delaying  tactics  by  attorneys.  The  long-awaited 
bills  to  establish  the  Judicial  Council,  the  Constitutional  Court,  the  national  Om- 
budsman, and  to  revise  the  Code  of  Criminal  Procedures  were  submitted  to  the  Con- 
gress in  August.  Congress  passed  laws  creating  the  Ombudsman  and  the  Judicial 
Council,  and  the  President  promulgated  them  in  December. 

Defendants  have  the  right  to  an  attorney,  to  confront  witnesses,  to  present  evi- 
dence, and  to  appeal  judicial  decisions.  The  authorities  generally  honor  these  rights. 
Although  the  law  provides  for  a  defense  attorney  at  public  expense  if  needed,  one 
is  not  always  promptly  available.  The  highly  formal  and  corrupt  judicial  system 
makes  it  difficult  for  poor,  illiterate  persons  to  have  effective  access  to  courts  and 
legal  redress. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  sanctity  of  the  home  and  the  privacy  of  citizens,  and 
government  authorities  generally  respect  these  provisions.  There  were  credible  alle- 
gations of  UMOPAR  abuses  involving  illegal  searches  and  thefts  of  property  from 
homes.  However,  residents  in  the  coca-growing  areas  generally  are  reluctant  to  file 
and  pursue  formal  complaints.  The  Human  Rights  Office  of  the  Ministry  of  Justice 
in  the  Chapare  accepts  and  pursues  complaints  of  human  rights  abuses  committed 
by  anyone,  including  police,  narcotics  traffickers,  and  coca  growers. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  the  fundamental 
right  to  express  ideas  and  opinions  freely  by  any  means  of  dissemination.  There  are, 
however,  some  limitations  on  freedom  of  speech.  The  Penal  Code  provides  that  per- 
sons found  guilty  of  insulting,  defaming,  or  slandering  public  officials  for  carrying 
out  their  duties  may  be  jailed  from  1  month  to  2  years.  If  the  insults  are  directed 
against  the  President,  Vice  President,  or  a  Minister,  the  sentence  may  be  increased 
by  one-half. 

Newspapers  are  privately  owned,  and  most  adopt  antigovemment  positions.  State- 
owned  ana  private  radio  and  television  stations  operate  freely.  There  were  credible 
allegations  that  security  forces  interfered  with  broadcasts  by  a  Catholic  Church- 
owned  radio  station  in  the  Amayapampa  area  during  the  December  1996  disturb- 
ances there. 

The  Government  respects  academic  freedom,  and  the  law  grants  public  univer- 
sities autonomous  status.  Some  Marxist  groups  of  teachers  and  students  sought  to 
deny  academic  freedom  and  to  impose  their  political  agenda  on  the  education  proc- 
ess. Radical  elements  of  the  teachers'  union  temporarily  prevented  the  administra- 
tion of  tests  to  qualify  teachers  for  promotions,  a  new  requirement  of  the  Education 
Reform  Law,  but  the  tests  eventually  were  given. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  the  rights 
of  peaceful  assembly  and  association,  and  the  authorities  respect  them  in  practice. 
The  Government  routinely  grants  permits  for  marches  and  rallies  and,  as  a  rule, 
the  authorities  try  to  avoid  confronting  demonstrators.  However,  police  clashed  with 
union  and  other  demonstrators  on  some  occasions.  Labor,  political,  and  student 
groups  carried  out  many  demonstrations  and  rallies  in  La  Paz  and  other  cities 
throughout  the  year,  particularly  during  the  first  quarter.  The  authorities  inter- 
vened only  when  rallies  became  dangerously  violent  or  interfered  substantially  with 
normal  civic  activity. 

c.  Freedom  of  Religion. — Roman  Catholicism  predominates,  and  the  Constitution 
recognizes  it  as  the  official  religion.  However,  citizens  may  practice  the  religion  of 
their  choice.  About  400  religious  groups,  mostly  Protestant,  are  active.  Missionary 
OToups  must  register  with  the  Foreign  Ministry  as  nongovernmental  organizations 
(NGO's);  there  was  no  indication  that  they  were  treated  differently  Trom  other 
NGO's.  The  Ministry  did  not  disallow  any  registrations  by  missionary  groups. 


426 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  are  no  restrictions  on  travel.  The  law  permits  emigration  and 
{>rovides  for  the  right  to  return.  The  Government  does  not  revoke  citizenship  for  po- 
itical  reasons. 

The  Government  cooperates  with  the  office  of  the  U.N.  High  Commissioner  for 
Refugees  and  other  humanitarian  organizations  in  assisting  refugees.  Some  refugees 
were  accepted  for  resettlement.  The  issue  of  the  provision  of  first  asylum  did  not 
arise.  After  the  takeover  of  the  Japanese  Ambassador's  residence  in  Lima,  Peru,  by 
Tupac  Amaru  terrorists,  the  authorities  found  that  some  MRTA  activists  had  used 
Bolivia  as  a  safehaven,  and  announced  a  more  restrictive  policy  on  accepting  Peru- 
vian political  Eisylees. 

There  were  no  reports  of  persons  forced  to  return  to  a  country  where  they  feared 
persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage.  Political  parties  ranging  from  far 
left  to  moderate  right  function  openly.  Implementing  regulations  for  the  1994  con- 
stitutional revisions  provide  for  half  of  the  congressional  deputies  to  be  elected  indi- 
vidually and  directly,  rather  than  from  party  lists.  The  first  national  election  under 
these  regulations  was  held  on  June  1,  with  attendance  by  international  observers. 
Only  one  instance  of  tampering  with  ballots  was  detected. 

No  legal  impediments  exist  to  women  or  indigenous  people  voting,  holding  politi- 
cal office,  or  rising  to  political  leadership.  Nevertheless,  the  number  of  women  and 
indigenous  people  who  have  prominent  positions  in  politics  remains  small.  Political 
parties  acceded  to  demands  from  women  that  they  be  allocated  a  fair  share  of  the 
candidacies  in  the  1997  national  elections,  approving  a  law  that  every  third  can- 
didate on  party  lists  must  be  female.  There  are  12  women  among  the  157  deputies 
and  senators.  The  Justice  Minister  is  a  woman. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  findings  on  human  rights  cases.  Government  officials 
are  generally  cooperative  and  responsive  to  their  views.  However,  they  criticize 
human  rights  advocates  for  paying  attention  exclusively  to  the  negative  aspects  of 
the  Government's  performance.  The  Government  asked  the  lACHR  to  investigate 
the  December  1996  Amayapampa  violence  and  cooperated  in  the  subsequent  inves- 
tigation (see  Section  l.a.).  The  Human  Rights  Commission  of  the  Congress  is  very 
active  and  frequently  criticizes  the  Government  publicly. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  upon  race,  sex,  language,  religion, 
political  or  other  opinion,  origin,  or  economic  or  social  condition.  Nonetheless,  there 
was  significant  discrimination  against  women,  indigenous  people,  and  the  small 
black  minority. 

Women. — Violence  against  women  is  pervasive.  Of  domestic  violence  complaints 
studied  in  1992-93,  52  percent  involved  physical  mistreatment  and  48  percent  in- 
volved psychological  abuse.  A  total  of  11,069  complaints  of  violence  against  women 
were  registered  in  La  Paz  during  this  period.  The  Government  estimates  that  there 
are  about  100,000  incidents  of  violence  against  women  annually  nationwide  and 
that  as  many  as  95  percent  of  them  go  unpunished.  The  Congressional  Committee 
on  Women  stated  that  an  average  of^3.5  cases  of  rape  or  statutory  rape  were  re- 
ported each  day  for  the  first  half  of  1995  and  estimated  that  twice  that  many  cases 
were  not  reported. 

The  Government  continued  to  implement  a  program  to  protect  women.  In  Decem- 
ber 1995,  the  Government  promulgated  the  Law  on  Domestic  Violence,  which  makes 
rape  a  public  crime  and  broadens  the  definition  of  family  member  abuse.  Public 
agencies  state  that  reported  incidents  of  abuse  have  increased  markedly  as  a  result 
01  the  new  law,  as  citizens  become  more  aware  of  the  problem  and  of  the  availability 
of  help.  A  presidential  decree  issued  in  October  proviaed  for  equal  rights  for  women 
and  committed  the  Government  to  end  gender-based  discrimination. 

Legal  services  offices  devoted  to  family  and  women's  rights  operate  throughout 
the  country.  Family  protection  police  units,  staffed  by  specially  trained  officers,  in- 
cluding women,  are  also  active. 


427 

A  medical  security  program  inaugurated  in  July  1996  provides  free  medical  care 
to  women  of  reproductive  age  and  to  children  under  the  age  of  5,  based  on  economic 
need. 

The  Penal  Code  does  not  define  sexual  harassment  as  a  crime.  Authorities  must 
try  persons  accused  of  harassment  under  other  penal  provisions.  There  are  no  sta- 
tistics on  the  incidence  of  sexual  harassment,  but  the  problem  is  generally  acknowl- 
edged to  exist  widely  in  the  male-oriented  society. 

Women  generally  do  not  enjoy  a  social  status  equal  to  that  of  men.  Many  women 
do  not  know  their  legal  rights.  Traditional  prejudices  and  social  conditions  remain 
obstacles  to  advancement.  Women  generally  earn  less  than  men  for  equal  work. 
Young  girls  often  leave  school  early  to  work  at  home  or  on  the  economy.  A  recent 
study  by  the  Secretary  of  Education  revealed  that  four  out  of  five  illiterate  Bolivians 
are  female.  Although  not  effectively  enforced,  the  national  labor  law  is  overprotec- 
tive  in  some  aspects,  limiting  women  to  a  workday  1  hour  shorter  than  that  of  men 
and  prohibiting  them  from  working  at  night. 

Children. — The  Government  is  aware  of  the  precarious  situation  of  children  and 
the  need  to  provide  legal  and  institutional  infrastructure  for  their  protection.  Seven 
l3efender  of  Children  and  Adolescents  offices  were  opened  in  La  Paz  to  help  protect 
children's  rights  and  interests.  However,  the  Government  has  not  given  the  poor  sit- 
uation of  children  sufiicient  political  priority  to  ensure  that  it  will  be  corrected 
quickly  and  effectively. 

Statistics  from  the  Ministry  of  Planning's  Education  Reform  Team  show  that  in 
rural  areas,  only  0.7  percent  of  girls  and  1.4  percent  of  boys  finish  high  school;  in 
urban  areas,  26  percent  of  girls  and  31  percent  of  boys  do  so.  The  1994  Education 
Reform  Act  sought  to  improve  the  situation  of  children;  even  optimistic  observers, 
however,  noted  that  it  would  take  years  for  it  to  have  an  impact. 

The  National  Institute  of  Statistics  calculated  in  1995  that  47  percent  of  children 
in  La  Paz  were  chronically  undernourished,  and  that  10  percent  of  the  children  mi- 
grating from  rural  areas  snowed  evidence  of  acute  malnutrition. 

Many  children,  particularly  from  rural  areas,  lack  the  birth  certificates  and  iden- 
tity documents  they  need  to  secure  social  benefits  and  protection.  There  are  credible 
allegations  that  as  many  as  200  juveniles,  for  instance,  are  incarcerated  as  adults 
in  the  San  Pedro  jail  for  lack  of  reliable  civil  documents  proving  their  ages.  The  Mi- 
nors' Code  promulgated  in  1992  has  proven  inadequate.  A  new  Minors'  Code  was 
introduced  in  the  Congress  in  March  but  was  not  passed  by  year's  end. 

According  to  a  1995  report  by  the  director  of  the  National  Institute  of  Child  Devel- 
opment, 96,000  children  have  mental  disabilities,  37,000  have  physical  disabilities, 
4,000  have  hearing  impairments,  and  2,500  have  visual  impairments.  Because  of 
scarce  resources,  only  aoout  6,000  of  these  children  have  access  to  specialized  help. 

Government  surveys  suggest  that  about  1  million  children  (or  about  1  child  in  3) 
suffer  physical  or  psychological  abuse — 13  percent  of  them  at  school,  where  corporal 
punishment  and  verbal  abuse  are  common,  and  87  pjercent  at  home.  About  20  per- 
cent of  these  children  suffer  abuse  severe  enough  to  result  in  bruises,  scars,  or 
bums.  AJthou^  laws  provide  safeguards  against  children  working,  they  are  not  ef- 
fectively enforced,  and  about  216,000  children  work,  usually  to  help  provide  for  fam- 
ily subsistence,  in  uncontrolled  and  sometimes  unhealthy  conditions  (see  Section 
6.d.). 

The  old  practice  of  "criadito"  service  still  persists  in  some  parts  of  the  country. 
Criaditos  are  indigenous  children  of  both  sexes,  usually  10  to  12  years  old,  whom 
their  parents  indenture  to  middle-  and  upper-class  families  to  perform  household 
work  in  exchange  for  education,  clothing,  room,  and  board.  There  are  no  controls 
over  the  benefits  to,  or  treatment  of,  such  children,  who  may  become  virtual  slaves 
for  the  years  of  their  indenture. 

People  With  Disabilities. — The  Government  promulgated  regulations  to  implement 
the  1995  Law  on  Disabilities.  The  regulations  require  wheelchair  access  to  all  public 
and  private  buildings;  duty  free  import  of  orthopedic  devices;  a  50  percent  reduction 
in  public  transportation  fares;  and  expanded  teaching  of  sign  language  and  Braille. 
A  National  Committee  for  Incapacitated  Persons  was  established  to  oversee  the 
law's  enforcement,  conduct  studies,  and  channel  and  supervise  programs  and  dona- 
tions for  the  disabled.  The  new  electoral  law  made  arrangements  for  blind  voters. 
In  general,  however,  there  are  no  special  services  or  infrastructure  to  accommodate 
people  with  disabilities.  A  lack  of  adequate  resources  impedes  full  implementation 
of  the  new  law.  Social  attitudes  keep  many  disabled  persons  at  home  from  an  early 
age,  limiting  their  integration  into  society. 

Indigenous  People. — ^Discrimination  against,  and  abuses  of,  indigenous  people  con- 
tinued. The  indigenous  majority  generally  remains  at  the  low  end  of  the  socio- 
economic scale,  facing  severe  disadvantages  in  health,  life  expectancy,  education,  in- 
come, literacy,  and  employment.  Lack  ol  education,  inefficient  farming  and  mining 


428 

methods,  indigenous  cultural  practices,  inability  to  speak  Spanish,  and  societal  bi- 
ases keep  the  indigenous  people  poor.  Thev  continued  to  be  exploited  in  the  work- 
place. Some  rural  indigenous  worlcers  are  kept  in  a  state  of  virtual  slavery  by  em- 
ployers who  charge  them  more  for  room  and  board  than  they  earn.  Although  the 
1996  Agrarian  Reiorm  Law  extended  the  protection  of  the  national  labor  law  to  all 

f>aid  agricultural  workers,  including  indigenous  workers,  the  problem  persists  for 
ack  of  effective  enforcement. 

The  Agrarian  Reform  Law  provides  for  indigenous  communities  to  have  legal  title 
to  their  communal  lands  and  for  individual  farmers  to  have  title  to  the  land  they 
work.  The  Government  and  indigenous  leaders  jointly  developed  provisions  of  this 
law.  Government  authorities  presented  communal  land  titles  to  seven  indigenous 
groups  in  May. 

Indigenous  people  complain  that  their  territories  are  not  legally  defined  and  pro- 
tected, and  that  their  resources  are  exploited  by  outsiders.  Specific  offenders  alleg- 
edly are  coca  growers  and  timber  pirates.  Indigenous  groups  nave  taken  advantage 
of  the  Popular  Participation  Law  to  form  municipalities  that  offer  them  greater  op- 
portunities for  self-determination. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  may  form  and  join  organizations  of  their 
choosing.  The  Labor  Code  requires  prior  government  authorization  to  establish  a 
union,  permits  only  one  union  per  enterprise,  and  allows  the  Government  to  dissolve 
unions;  however,  the  Government  has  not  enforced  these  provisions  in  recent  years. 
While  the  code  denies  civil  servants  the  right  to  organize  and  bans  strikes  in  public 
services,  including  banks  and  public  markets,  neany  all  civilian  government  work- 
ers are  unionized.  Workers  are  not  penalized  for  union  activities.  In  theory,  the  Bo- 
livian Labor  Federation  (COB)  represents  virtually  the  entire  work  force;  however, 
only  about  one-half  of  workers  in  the  formal  economy  actually  belong  to  labor 
unions.  Some  members  of  the  informal  economy  also  participate  in  labor  or  trade 
organizations.  Workers  in  the  private  sector  frequently  exercise  the  right  to  strike. 
Solidarity  strikes  are  illegal,  but  the  Government  has  neither  prosecuted  those  re- 
sponsible nor  imposed  penalties.  Significant  strikes  centered  around  annual  negotia- 
tions over  salaries  and  benefits  for  public  employees.  However,  their  real  targets 
were  the  Grovernment's  economic  and  social  reform  programs.  Most  strikes  were  con- 
ducted and  led  by  the  militant  Trotskyite  element  of  the  Urban  Teachers  Union. 
Other  disturbances  occurred  in  the  Chapare  region  where  the  coca  growers  unions 
opposed  government  eradication  efforts.  Dissension  within  the  COB  held  disruptive 
pulblic  demonstrations  to  their  lowest  level  in  recent  years. 

Unions  are  not  free  from  influence  by  political  parties.  The  COB  itself  is  a  politi- 
cal organization  directed  by  Marxist  iaeologues.  Its  stated  aim  is  to  overthrow  the 
Government's  neoliberal  economic  program,  and  it  gives  little  attention  to  serious 
collective  bargaining.  Most  parties  have  labor  committees  that  attempt  to  influence 
union  activity  and  also  have  party  activists  inside  the  unions. 

The  law  allows  unions  to  join  international  labor  organizations.  The  COB  became 
an  affiliate  of  the  Communist,  formerly  Soviet-dominated,  World  Federation  of 
Trade  Unions  in  1988. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers  may  organize  and 
bargain  collectively.  Collective  bargaining,  or  voluntary  direct  negotiations  between 
employers  and  workers  without  the  participation  of  the  government,  is  limited  but 
growing.  The  Labor  Code  was  written  in  a  period  in  which  the  COB,  which  purports 
to  represent  all  worker  groups  and  interests,  had  quasi-governmental  status  and  the 
exclusive  authority  to  negotiate  with  state-owned  enterprises.  The  practice  was  for 
the  COB  and  the  Government  to  negotiate  a  global  agreement  on  salaries,  minimum 
wages,  and  other  work  conditions  each  year.  With  the  privatization  of  most  of  these 
enterprises,  the  COB's  relevancy  has  diminished  markedly,  and  the  practice  of  di- 
rect employee-management  negotiations  in  individual  enterprises  is  expanding.  The 
two  most  recent  governments  drafted  new  labor  codes  but  did  not  submit  them  to 
the  legislature,  largely  because  of  COB  opposition. 

The  law  prohibits  discrimination  against  union  members  and  organizers.  Com- 
plaints go  to  the  National  Labor  Court,  which  can  take  a  year  or  more  to  rule.  The 
court  has  ruled  in  favor  of  discharged  workers  in  some  cases  and  successfully  re- 
quired their  reinstatement.  However,  union  leaders  say  problems  are  often  moot  by 
the  time  the  court  rules. 

Labor  law  and  practice  in  the  seven  special  duty-free  zones  are  the  same  as  in 
the  rest  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor,  including  forced  and  bonded  labor  by  children.  However,  the  practices 
of  child  apprenticeship  and  agricultural  servitude  by  indigenous  workers  (see  Sec- 


429 

tion  5)  constitute  violations,  as  do  some  individual  cases  of  household  workers  efTec- 
tively  held  captive  bv  their  employers. 

d.  Status  Of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  employment  of  persons  under  18  years  of  age  in  dangerous,  unhealthy,  or 
immoral  wore.  The  Labor  Code  is  ambiguous  on  conditions  of  employment  for  mi- 
nors from  14  to  17  years  of  age  and  permits  apprenticeship  for  those  12  to  14  years 
old.  This  practice,  sometimes  tantamount  to  Bondage  (see  Section  6.c.),  has  been 
criticized  by  the  International  Labor  Organization.  The  extreme  poverty  of  many 
families  dictates  the  involuntary  employment  of  their  children  for  motives  of  sur- 
vival. 

Responsibility  for  enforcing  child  labor  provisions  resides  in  the  Labor  Ministry, 
but  it  generally  does  not  enforce  provisions  about  employment  of  children.  Although 
the  law  requires  all  children  to  complete  at  least  5  years  of  primaiy  school,  this  re- 
quirement is  poorly  enforced,  particularly  in  rural  areas.  Urban  children  sell  goods, 
shine  shoes,  and  assist  transport  operators.  Rural  children  often  work  with  parents 
from  an  early  age.  Children  are  not  generally  employed  in  factories  or  formal  busi- 
nesses but,  when  employed,  often  work  the  same  hours  as  adults. 

e.  Acceptable  Conditions  of  Work. — In  conformity  with  the  law,  the  minimum  wage 
is  subject  to  annual  renegotiation  and  was  increased  by  7.5  percent  to  approxi- 
mately $45.50  (240  Bolivianos)  per  month,  plus  bonuses  and  iringe  benefits.  The 
minimum  wage  does  not  provide  a  decent  standard  of  living  for  a  worker  and  family, 
and  most  workers  earn  more.  Although  the  minimum  wage  falls  below  prevailing 
wages  in  most  jobs,  certain  benefit  calculations  are  pegged  to  it.  The  minimum  wage 
does  not  cover  about  20  percent  of  urban  workers — vendors  and  shoe  polishers,  for 
example — nor  does  it  cover  farmers,  some  30  percent  of  the  working  population. 

Only  half  the  urban  labor  force  enjoys  an  8-hour  workday  and  a  workweek  of  5 
or  5V2  days,  because  the  maximum  workweek  of  44  hours  is  not  enforced.  The  Labor 
Ministry's  Bureau  of  Occupational  Safety  has  responsibility  for  protection  of  work- 
ers' health  and  safety,  but  relevant  standards  are  poorly  enforced.  Working  condi- 
tions in  the  mining  sector  are  particularly  bad.  Although  the  State  Mining  Corpora- 
tion has  an  office  responsible  for  safety,  many  mines,  often  old  and  using  antiquated 
equipment,  are  dangerous  and  unhealthy.  In  some  mines  operated  as  cooperatives, 
miners  earn  less  than  $3  per  12-hour  day.  They  work  without  helmets,  boots,  or  res- 
pirators in  mines  where  toxic  gases  abound;  they  buy  their  own  supplies,  including 
dynamite,  have  no  scheduled  rest  periods,  and  must  survive  underground  from  24 
to  72  hours  continuously  with  little  water  and  food.  There  are  no  special  provisions 
in  law  defining  when  workers  may  remove  themselves  from  dangerous  situations. 
Unless  the  work  contract  covers  this  area,  any  worker  who  refuses  to  work  based 
on  the  individual's  judgment  of  excessively  dangerous  conditions  may  face  dismissal. 


BRAZIL 

Brazil  is  a  constitutional  federal  republic  composed  of  26  states  and  the  federal 
district.  The  federal  legislative  and  judicial  branches  of  government  exercise  author- 
ity independent  of  the  executive  branch.  In  1994  voters  elected  a  new  president, 
two-thirds  of  the  Senate,  and  513  federal  deputies.  It  was  the  second  time  since  the 
end  of  military  rule  in  1985  that  citizens  freely  chose  their  president  and  elected 
the  legislative  bodies  in  accordance  with  the  1988  Constitution.  All  parties  are  able 
to  compete  on  the  basis  of  fair  and  equal  procedures.  Fernando  Henrique  Cardoso 
became  president  on  January  1,  1995,  and  is  serving  a  4-year  term,  reduced  from 
5  years  by  a  1994  constitutional  amendment.  The  juoiciary  is  independent  but  inef- 
ficient and  subject  to  political  influence. 

Police  forces  fall  primarily  under  the  control  of  the  states.  State  police  are  divided 
into  two  forces:  The  civil  police,  who  have  an  investigative  role,  and  the  uniformed 
police,  known  locally  as  the  "military  police,"  who  are  responsible  for  maintaining 

fmblic  order.  Although  the  individual  state  governments  control  the  uniformed  po- 
ice,  the  Constitution  provides  that  they  can  be  called  into  active  military  service 
in  the  event  of  an  emergency,  and  they  maintain  some  residual  military  privileges, 
including  a  separate  judicial  system.  In  September  the  Justice  Ministry  created  a 
public  security  secretariat  to  coordinate  efforts  to  reorganize  and  modernize  the  po- 
lice forces.  The  federal  police  force  is  very  small  and  plays  little  role  in  maintaining 
internal  security.  The  state  police  forces  committed  numerous  serious  human  rights 
abuses. 

Brazil  has  a  market-based,  diversified  economy.  The  Government,  which  tradition- 
ally played  a  dominant  role  in  shaping  economic  development,  is  encouraging  great- 
er private  sector  participation  in  tne  economy  through  privatization  of  state  enter- 


430 

prises,  deregulation,  and  removal  of  impediments  to  competition.  Industrial  produc- 
tion, includmg  mining  operations  and  a  large  and  diversified  capital  goods  sector, 
accounts  for  approximately  34  percent  of  gross  domestic  product  (GDP);  agriculture 
contributes  about  13  percent.  Brazil  exports  both  manufactured  and  primary  goods. 
Among  the  principal  exports  are  coffee,  soybeans,  textiles,  leather,  metallurgical 
products,  and  transportation  equipment.  Per  capita  GDP  was  about  $5,000  in  1997, 
and  the  economy  grew  at  a  rate  of  3.5  percent.  Although  income  distribution  im- 
proved slightly  in  1997,  the  poorest  tenth  of  the  population  received  only  1  percent 
of  national  income  while  the  richest  tenth  received  48  percent. 

The  Government  generally  respected  the  human  rignts  of  its  citizens,  but  numer- 
ous serious  abuses  continued.  State  police  forces  committed  many  extrajudicial 
killings,  and  ofiicials  reportedly  tortured  prisoners.  The  police  also  were  responsible 
for  abductions  for  ransom  and  instances  of  arbitrary  detention.  The  state  govern- 
ments concerned  did  not  effectively  punish  perpetrators  of  these  abuses.  In  many 
cases,  special  courts  for  the  uniformed  police  were  overloaded,  rarely  investigated 
effectively  or  brought  fellow  officers  to  trial,  and  seldom  convicted  abusers.  This  sep- 
arate system  of  special  state  police  courts  contributes  to  a  climate  of  impunity  for 
police  officers  involved  in  extrajudicial  killings  or  abuse  of  prisoners.  Legislation  en- 
acted in  1996  gave  civil  courts  jurisdiction  over  intentional  homicide  committed  by 
uniformed  police  officers,  but  left  control  of  the  initial  inquiry  in  the  hands  of  the 
police,  whicn  can  preempt  investigation  and  prosecution  of  cases. 

The  poor  bear  the  brunt  of  most  violence.  Prison  conditions  range  from  poor  to 
harsh.  The  judiciary  has  a  large  case  backlog  and  is  often  unable  to  ensure  the  rig^t 
to  a  fair  trial.  Justice  is  slow  and  often  unreliable,  especially  in  rural  areas  where 
some  powerful  landowners  use  violence  to  settle  land  disputes  and  influence  the 
local  judiciary.  Violence  against  women,  minorities,  and  homosexuals,  and  discrimi- 
nation against  women  and  minorities  are  problems.  Child  prostitution  is  also  a  prob- 
lem. Despite  constitutional  provisions  safeguarding  the  rights  of  indigenous  people, 
they  continue  to  be  victimized  by  outsiders  who  encroach  on  Indian  lands  ana  to 
be  neglected  by  governmental  authorities.  The  authorities  do  not  adequately  enforce 
laws  against  forced  labor,  including  that  by  children.  Child  labor  is  a  serious  prob- 
lem. 

In  April  the  Government  created  a  human  rights  secretariat  in  the  Justice  Min- 
istry to  oversee  implementation  of  its  1996  Action  Plan  to  address  human  rights 
abuses.  The  Government  also  passed  a  law  defining  and  penalizing  torture  ana  ex- 
panded scholarship  programs  to  reduce  child  labor.  However,  because  of  jurisdic- 
tional and  resource  limitations,  the  increased  commitment  by  the  national  Govern- 
ment did  not  have  a  significant  impact  in  some  of  the  states  where  human  rights 
violations  are  most  common. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Extrajudicial  killings  continued  to 
be  a  serious  problem  throughout  the  country.  In  urban  areas,  high  crime  rates,  fail- 
ure to  apprenend  most  criminals,  and  an  inept  and  inefficient  criminal  justice  sys- 
tem all  contribute  to  public  acquiescence  in  police  brutality  and  killings  of  criminal 
suspects.  Human  rights  groups  report  that  the  uniformed  police,  who  openly  doubt 
the  judiciary's  ability  to  convict  those  they  apprehend,  often  summarily  execute  sus- 
pected criminals  rather  than  apprehend  them,  and  then  file  false  reports  describing 
the  executions  as  shootouts.  A  Human  Rights  Watch/Americas  report  described  the 
unjustified  use  of  deadly  force  in  police  raids  in  urban  shantytowns;  extrajudicial 
killings,  justified  in  official  reports  under  "resisting  arrest;"  and  executions  by  ofT- 
duty  officers  in  response  to  minor  provocations  or  to  resolve  personal  vendettas. 
Failure  to  investigate,  prosecute,  and  punish  police  officers  who  commit  such  acts 
creates  a  sense  of  impunity  that  encourages  continued  human  rights  abuses.  The 
need  for  police  reform  was  brought  to  the  forefront  by  widely  publicized  incidents 
of  police  involvement  in  criminal  activity  and  police  strikes  in  at  least  15  states, 
which  drew  attention  to  their  low  pay  and  inadequate  training. 

A  1996  law  giving  civil  courts  jurisdiction  over  intentional  homicide  committed  by 
uniformed  police  ofncers  was  used  in  some  high-profile  cases.  However,  in  most  less 
prominent  cases,  the  decision  whether  a  policeman  acted  in  self-defense  or  commit- 
ted an  intentional  homicide  is  based  on  an  investigation  performed  by  the  police 
force  itself;  almost  without  exception,  the  police  investigators  conclude  that  suspects 
were  "resisting  arrest."  All  crimes  less  serious  than  murder  committed  by  uniformed 
police  officers  against  civilians  remain  in  the  military  justice  system.  According  to 
one  leading  newspaper,  a  majority  of  criminal  cases  involving  police  in  the  state  of 
Rio  de  Janeiro  were  never  tried  in  court.  Of  1,472  cases  against  police  that  were 


431 

sent  to  the  military  court  between  January  1996  and  July  1997,  68  percent  were 
"retired"  without  a  court  hearing.  Cases  were  retired  for  insuflicient  evidence  and 
lack  of  knowledge  of  the  author  of  crime.  Cases  were  also  retired  in  which  police 
killed  or  wounded  civilians  while  the  latter  were  resisting  arrest. 

TTie  number  of  citizens  killed  in  conflicts  with  police  fell  in  Sao  Paulo  but  contin- 
ued to  rise  in  Rio  de  Janeiro.  A  study  by  the  Institute  for  Religious  Studies  (ISER) 
concluded  that  10  percent  of  all  Rio  de  Janeiro  homicides  were  civilians  killed  by 
police.  The  ISER  study  also  documented  that  in  a  sample  of  697  cases  of  fatal  police 
shootings  between  1993  and  1996,  Rio  de  Janeiro  police  officers  rarely  fired  to  im- 
mobilize rather  than  kill;  half  of  the  victims  were  killed  with  four  or  more  bullets, 
and  the  majority  of  victims  were  shot  in  either  the  shoulders  or  the  head.  Forty 
cases  clearly  demonstrated  execution-style  deaths,  where  victims  were  first  inmio- 
bilized  and  then  shot  at  close  range.  Victims  were  generally  young,  black,  and  with- 
out criminal  records.  Human  rights  groups  continued  to  criticize  "bravery"  awards 
conferred  by  the  Rio  de  Janeiro  authorities  which  have  had  the  effect  of  encouraging 
police  to  use  excessive  force. 

In  a  report  released  on  December  8,  the  Inter-American  Commission  on  Human 
Rights  (lACHR)  stated  that  the  police  forces  require  widespread  reform  to  curb  re- 

Seated  instances  of  violence  and  other  abuses.  The  report  said  that  the  number  of 
eaths  in  Rio  de  Janeiro  attributed  to  state  police  officers  averaged  20  a  month  in 
1996,  which  it  termed  an  "alarming  phenomenon."  It  said  that  one  battalion  that 
covers  slum  areas  was  responsible  for  one-third  of  the  deaths.  The  LACHR  also  said 
that  the  number  of  deaths  in  civilian  confrontations  with  the  state  police  was  three 
times  the  number  injured  by  them,  a  reversal  of  normal  patterns.  The  LACHR  said 
*^his  is  evidence  of  the  use  of  excessive  force  and  even  shows  a  pattern  of 
extraiudicial  executions  bv  the  Rio  de  Janeiro  police."  The  report  added  that  there 
had  Seen  instances  in  which  ofiicers  guilty  oi  victimizing  suspects  have  been  re- 
warded. It  cited  one  case  in  which  a  corporal  was  decorated  and  elected  "ofiicer  of 
the  year"  even  though  he  had  been  accused  of  49  killings.  State  security  officials 
continue  to  champion  an  approach  to  crime  that  effectively  rewards  police  ofiicers 
for  killing  suspects,  and  leaves  the  poor  neighborhoods  unpoliced  ana  open  to  the 
violent  rivalries  of  drug  gangs. 

In  February  Sao  Paulo  state  police  killed  Osvaldo  Manoel  da  Silva.  On  December 
11,  the  state  attorney  general's  office  charged  five  policemen  with  Da  Silva's  mur- 
der. The  policemen  claimed  that  Da  Silva  died  as  a  result  of  wounds  sufiered  while 
resisting  arrest,  but  a  reconstruction  of  the  events  by  a  credible  university  forensic 
team  indicated  that  he  was  shot  three  times  in  the  ambulance  en  route  to  the  hos- 
pital. The  judged  assigned  to  the  case  set  evidentiary  hearings  for  early  February 
1998. 

On  May  20,  uniformed  police  killed  3  homeless  persons  and  injured  11  in  violence 
that  erupted  at  a  low-income  housing  project  in  greater  Sao  Paulo.  The  police  were 
carrying  out  a  court  order  to  remove  over  400  families  that  had  illegally  occupied 
the  'Tazenda  da  Juta"  housing  complex  on  May  3.  The  police  operation  was  broad- 
cast on  television  and  criticized  as  an  excessive  use  of  force. 

Police  involvement  in  criminal  activity  often  produces  killings.  The  most  notorious 
case  occurred  in  March,  when  police  in  the  Sao  Paulo  suburb  of  Diadema  were 
filmed  at  a  roadblock  mounted  to  extort  money  from  residents.  The  video  implicated 
the  police  in  murdering  Mario  Jose  Josino  and  beating  and  torturing  numerous  oth- 
ers. Ten  police  officers  charged  with  the  murder  were  expelled  from  the  force  and 
were  in  jail  awaiting  trial  at  year's  end.  The  commander  of  the  police  battalion, 
after  initially  being  relieved  of  duty,  was  reinstated;  the  officer  in  charge  of  the 
group  actually  involved  in  the  incident  suffered  only  administrative  punishment. 

In  Rio  de  Janeiro,  police  were  believed  to  have  been  involved  in  tne  fatal  kidnap- 
ing of  the  son  of  the  mayor  of  Teresopolis  and  several  other  abductions.  In  Septem- 
ber off-duty  Sao  Paulo  police  officers  were  implicated  in  the  kidnaping  and  murder 
of  an  8-year-old  boy.  On  his  first  day  in  office,  the  new  Sao  Paulo  police  chief  dis- 
missed 20  uniformed  police  officers  for  abuse  of  authority  and  other  crimes  and 
promised  to  purge  future  violators  from  the  force. 

In  January  witnesses  identified  five  uniformed  police  officers  as  having  arrested 
four  men  who  were  found  dead  a  few  hours  later.  The  deaths  occurred  in  May  1996 
in  Franco  da  Rocha,  one  of  Sao  Paulo  state's  poorest  communities,  and  location  of 
a  clandestine  dumping  site  for  the  victims  of  death  squads.  Since  1993,  at  least  212 
bodies  have  been  found  there,  50  victims  killed  with  bullets  to  the  head,  while  the 
arms  and  heads  of  some  of  the  bodies  had  been  removed  in  an  apparent  attempt 
to  conceal  the  victims'  identities. 

Policeman  Nelson  Cunha,  who  was  sentenced  in  1996  to  261  years  in  prison  for 
his  role  in  the  1993  killing  of  eight  street  children  near  Candelaria  church  in  down- 
town Rio  de  Janeiro,  was  acquitted  on  appeal.  Cunha  remained  in  prison,  serving 


432 

a  sentence  of  18  years  for  the  attempted  murder  of  Candelaria  survivor  and  key  wit- 
ness Wagner  dos  Santos.  Another  defendant  in  the  Candelaria  case,  Marcos  Vinicius 
Emmanuel,  had  his  prison  term  reduced  from  309  years  to  89  years  on  appeal.  Two 
other  defendants  were  in  jail  and  awaiting  trial  at  year's  end. 

Paulo  Roberto  Alvarega,  one  of  56  policemen  accused  of  participating  in  the  1993 
killing  of  21  Vigario  Geral  residents  in  Rio  de  Janeiro,  was  sentenced  to  449  years 
in  prison  (although,  under  the  law,  no  prisoner  may  serve  more  than  30  years).  In 
November  a  judge  found  one  of  them,  Arlindo  Maginario  Filho,  guilty  of  20  counts 
of  murder  and  4  counts  of  attempted  murder  and  sentenced  him  to  441  years  in 
prison.  Four  years  after  the  massacre,  Maginario  FiUio  was  only  the  second  of  the 
accused  police  officers  to  be  convicted  for  the  Vigario  Geral  killings.  The  trials  of 
10  other  officers  named  in  the  first  indictment  were  postponed  a  number  of  times. 
In  the  meantime,  one  of  the  defendants  named  in  the  second  indictment,  former  po- 
liceman Sirley  Alves  Ferreira,  escaped  from  prison  on  December  29. 

There  was  no  progress  in  the  investigation  of  the  1996  killing  of  three  Belo 
Horizonte  street  children  in  Taquaril  plaza.  A  group  calling  itself  "Reaction"  had 
claimed  responsibility,  writing  in  a  note  that  the  minors  had  been  killed  to  protest 
the  low  salaries  paid  to  civil  police.  According  to  human  rights  groups  in  Belo 
Horizonte,  there  is  significant  evidence  that  Reaction  is  composed  of  active  duty  and 
former  police  officers.  One  police  officer  was  charged  in  the  slaying  and  several  oth- 
ers were  under  investigation. 

In  the  April  1996  police  killing  of  19  landless  workers  in  Eldorado  de  Carajas, 
Para,  the  authorities  decided  in  November  to  try  before  a  jury  153  police  officers 
charged  with  intentional  murder,  as  well  as  3  landless  workers  charged  with  bodily 
harm.  One  policeman  was  dropped  from  the  indictment  because  of  insanity,  and  an- 
other policeman  and  one  gunman  were  not  indicted  because  they  are  in  hiding.  The 
authorities  finished  taking  depositions  from  eyewitnesses  and  will  schedule  trials 
after  the  state  court  reviews  appeals  filed  by  the  defense.  In  a  related  development, 
the  federal  Government  assigned  a  team  of  police  officers  to  protect  journalist 
Mariza  Romao  after  she  fied  Para  in  December.  Romao  had  received  a  series  of 
death  threats  after  testifying  against  the  police  officers  implicated  in  the  Eldorado 
de  Carajas  killings. 

In  March  a  court  sentenced  Sao  Paulo  jailkeeper  Jose  Ribeiro  to  45  years  in  pris- 
on and  civil  police  investigator  Celso  Jose  da  Cruz  to  53  years  for  their  roles  in  the 
1989  killing  of  18  prisoners  in  the  "42nd  Delegacia."  The  precinct  chief,  Carlos 
Eduardo  de  Vasconcelos,  was  originally  found  innocent  of  wrongdoing,  but  in  March 
the  state  attorney  general's  office  convinced  the  court  to  reconsider  the  charges 
against  him.  Cases  against  another  29  police  officers  indicted  by  a  military  court 
for  participating  in  the  42nd  Delegacia  killings  have  been  transferred  to  civilian 
court.  At  year's  end,  the  state  governor  signed  a  decree  authorizing  payment  of  com- 
pensation to  the  victims'  families.  Each  dependent  is  to  receive  about  $33,000  for 
psychological  damages,  plus  a  yet-to-be-determined  amount  for  physical  damages. 

In  rural  areas,  conflicts  continued  between  rural  landowners  and  the  landless,  in 
part  due  to  land  invasions  organized  by  the  rural  Landless  Workers'  Movement 
(MST)  to  pressure  the  Federal  Government  to  speed  up  settlement  of  landless  fami- 
lies. The  MST  illegally  occupied  hundreds  of  plots  of  land  identified  as  unproductive, 
blocked  highways,  and  occupied  government  ouildings,  raising  tensions  and  increas- 
ing confrontations  with  landowners,  their  gunmen,  and,  in  many  cases,  policemen. 
At  least  26  persons  died  in  land  disputes.  Such  killings  usually  go  unpunished,  be- 
cause the  landowners  thought  to  be  responsible  for  many  of  them  reportedly  control 
the  police  in  isolated  areas  and  intimidate  local  judges  and  lawyers  with  violence 
and  threats  of  violence.  A  jury  in  the  small,  rural  town  of  Pedro  Canario,  Espirito 
Santo,  sentenced  MST  leader  Jose  Rainha  to  26y2  years  for  the  1989  murders  of 
landowner  Jose  Machado  Neto  and  police  officer  Sergio  Narciso  da  Silva.  The  jury 
convicted  Rainha  even  though  the  prosecution  presented  no  material  evidence,  and 
witnesses  testified  to  Rainha's  presence  1,500  miles  away  from  the  scene  of  the 
crime.  Since  Rainha's  sentence  exceeded  20  years,  he  was  entitled  to  a  new  trial. 
Rainha's  lawyers  persuaded  the  judge  that  Rainha  would  face  a  biased  jury  in  a 
small,  rural  town,  and  the  second  trial  was  therefore  moved  to  Vitoria,  the  state 
capital. 

The  authorities  charged  the  commander  and  19  other  police  officers  involved  in 
the  August  1995  massacre  of  9  squatters  in  Corumbiara,  Rondonia,  with  intentional 
homicide,  meaning  that  those  accused  are  to  be  tried  in  regular  courts  rather  than 
a  special  police  tribunal.  They  also  charged  four  squatter  leaders  with  intentional 
homicide  for  the  deaths  of  two  policemen,  as  well  as  for  the  deaths  of  the  nine 
squatters.  The  authorities  justified  the  latter  charges  by  declaring  that  the  leaders 
were  responsible  for  the  land  invasion  that  sparked  the  confrontation.  The  medical 
examiner  reported  that  most  of  the  squatters  killed  had  been  shot  in  the  back  at 


433 

short  range  and  that  many  of  the  bullets  had  traveled  from  the  top  of  the  body 
downward,  indicating  that  the  victims  had  been  killed  from  behind  wnile  kneeling. 
At  year's  end,  the  authorities  were  still  taking  testimony  from  witnesses  and  were 
awaiting  the  judge's  decision  on  which  cases  would  go  to  a  jury. 

The  cases  against  the  121  Sao  Paulo  police  ofTicers  accused  of  killing  crimes  rang- 
ing from  homicide  to  use  of  excessive  force  (111  inmates  died)  while  quelling  a  1992 
riot  in  the  Carandiru  prison  were  transferred  from  military  to  civilian  court,  but  are 
proceeding  slowly,  witn  depositions  still  being  taken. 

In  September  the  former  mayor  of  Rio  Maria,  Para,  was  charged  with  the  1985 
murder  of  Joao  Canute,  the  first  president  of  the  rural  workers  union  in  Rio  Maria, 
after  the  case  was  transferred  to  Belem,  the  state  capital. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

However,  off-duty  police  reportedly  were  involved  in  several  abductions  for  ran- 
som, at  least  one  of  which  resulted  in  the  death  of  the  victim  (see  Section  l.a.).  The 
Human  Rights  Division  of  the  Public  Prosecutor's  Office  in  Belo  Horizonte  reported 
that,  in  the  last  7  years,  it  had  received  nearly  100  complaints  of  "disappearances" 
of  persons  from  Belo  Horizonte  in  which  the  police  allegedly  were  involved.  In  the 
majority  of  cases,  the  alleged  victims  were  criminal  suspects. 

m  1995  Congress  passed  legislation  recognizing  and  assuming  government  re- 
sponsibility for  the  deaths  of  political  activists  who  "disappeared'  during  the  mili- 
tary regime  while  in  the  custody  of  public  officials,  and  ooligating  the  (jovernment 
to  pay  indemnities  of  between  $100,000  and  $150,000  to  each  of  the  families.  On 
September  7,  President  Cardoso  signed  a  decree  awarding  reparations  to  the  fami- 
lies of  43  such  persons.  A  commission  created  by  the  law  continued  to  evaluate  re- 
quests for,  and  authorize  payment  of,  indemnities. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  and  contains  severe  legal  penalties  for  torture  or 
acquiescence  in  it.  In  April  the  Government  passed  a  law  defining  and  penalizing 
torture.  However,  there  are  frequent  credible  reports  that  police  beat  and  torture 
criminal  suspects  to  extract  information,  confessions,  or  money.  Such  torture  has  re- 
sulted in  death  (see  Section  l.a.).  No  cases  of  torture  were  successfully  prosecuted 
under  the  new  law  by  year's  end. 

On  November  18,  the  state  of  Rio  Grande  do  Sul  enacted  a  law  providing  com- 
pensation for  persons  tortured  in  the  state  during  the  military  regime. 

In  March  and  April  police  officers  in  Rio  de  Janeiro  and  Sao  Paulo  were  caught 
on  videotape  torturing  citizens.  In  Sao  Paulo  the  police  were  taped  on  two  occasions, 
once  abusing  15  persons  on  a  single  street.  For  example,  at  midnight  on  March  6, 
police  ordered  three  persons  out  of  a  car.  Police  officers  Octavio  Lorenco  Gambra 
and  Nelson  Soares  de  Silva  Junior  removed  the  shoes  of  Jefferson  Sanches  Caput 
and  beat  him  repeatedly  on  the  soles  of  his  feet  with  a  nightstick.  The  two  officers 
were  taped  hitting  Sanches  39  times  in  8  minutes,  at  times  appearing  bored  by  the 
process.  After  the  three  men  were  allowed  to  leave,  Gambra  fired  through  the  car's 
rear  window,  killing  Mario  Jose  Josino.  The  authorities  arrested  10  police  officers 
in  Sao  Paul  in  connection  with  these  incidents  (see  Section  l.a.).  On  March  12,  an 
amateur  video  captured  6  uniformed  Rio  de  Janeiro  police  beating,  torturing  and  ex- 
torting 12  residents — including  women — of  the  "(Jidade  de  Deus"  neighborhood. 
Originally  set  for  September,  their  trial  was  postponed  repeatedly.  The  incident 
prompted  a  state  legislature  investigation  of  police  violence  and  the  establishment 
of  a  hot  line  for  reporting  instances  of  police  violence  and  impunity. 

In  the  past  7  years,  the  Human  Rights  Division  of  the  Public  Prosecutor's  Office 
in  Belo  Horizonte  has  indicted  more  than  500  civil  police  ofTicers  (nearly  15  percent 
of  the  force)  for  battery  or  abuse  of  authority  (torture).  In  the  last  3  years,  the  divi- 
sion filed  indictments  against  439  civil  police  and  116  uniformed  police  for  these 
crimes.  A  state  legislature  committee  investigating  torture  in  prisons  in  Minas 
Gerais  concluded  its  work  in  September  with  a  report  asking  the  governor  to  initiate 
reforms  at  the  highest  level  of  the  Secretariat  for  Public  Security  and  Justice.  The 
committee  also  recommended  the  dismissal  of  the  Chief  of  Special  Operations  and 
various  officials,  including  the  director  of  the  Nelson  Hungria  maximum  security 
prison,  who  are  accused  oi  having  tortured  prisoners. 

According  to  the  National  Association  of  Newspapers,  police  in  Teresina,  Piaui, 
detained  and  beat  a  photographer  on  April  2  after  ne  photographed  policeman  Fran- 
cisco Soares  Rocha  torturing  23  youths.  In  August  a  member  of  the  Chamber  of 
Deputies  asked  state  authorities  in  Goias  to  investigate  a  report  that  the  police  tor- 
tured four  persons  in  Aruana  while  investigating  the  disappearance  of  two  police  of- 
ficers. Police  in  Pernambuco  were  accused  in  February  of  dumping  a  17-year-old  into 
a  vat  of  chemicals,  seriously  injuring  him. 

According  to  a  report  by  the  Sao  Paulo  ombudsman,  8  percent  of  all  complaints 
against  the  police  specifically  mentioned  torture  or  beatings,  and  40  percent  of  all 


434 

complaints  involved  some  form  of  mistreatment.  The  Government  estimated  in  its 
1994  report  on  the  internal  human  ri^ts  situation  that  fewer  than  10  percent  of 
cases  of  mistreatment  by  police  are  reported.  Victims  are  generally  poor,  uneducated 
about  their  rights  and — most  of  all — afraid  to  come  forward  for  fear  of  reprisals. 
Prison  conditions  range  from  poor  to  harsh.  Severe  overcrowding  is  prevalent,  es- 

Secially  in  larger  cities.  According  to  figures  for  1995  released  in  December  by  the 
ustice  Ministry,  the  inmate  population  was  149,000,  but  prison  capacity  was  only 
designed  for  76,000.  During  the  year,  the  Federal  Government  spent  about  $150 
million  in  the  prison  system,  a  major  increase  over  previous  years.  Because  of  the 
shortfall  in  prison  capacity,  police  stations  were  often  used  as  prisons,  with  con- 
victed criminals  sharing  cells  with  detainees.  In  the  state  of  Sao  Paulo,  which  holds 
40  percent  of  the  national  prison  population,  52  percent  of  inmates  are  serving  their 
sentences  in  police  stations  or  local  jails.  Most  penal  authorities  do  not  have  the  re- 
sources to  separate  minor  offenders  from  adults  and  petty  offenders  from  violent 
criminals. 

As  a  result  of  overcrowding,  prison  riots  were  almost  daily  occurrences.  Sao  Paulo 
state  officials  reported  a  147  percent  increase  in  prison  revolts  from  1996  to  1997 
(from  72  to  178  incidents).  Prison  officials  and  police  often  react  with  excessive  use 
of  force.  In  May  the  second  major  rebellion  at  Sao  Paulo's  Praia  Grande  prison  left 
3  prisoners  dead  and  17  wounded.  In  April  prisoners  in  Ribeirao  Preto  killed  three 
fellow  inmates,  allegedly  to  protest  prison  conditions.  The  facility,  designed  to  hold 
198  persons,  had  625  prisoners.  In  December  inmates  at  the  Sorocaba  prison  seized 
about  650  hostages,  mostly  inmates'  relatives,  and  took  control  of  the  facility  after 
a  failed  escape  attempt  left  1  inmate  and  a  female  visitor  dead.  While  the  prisoners 
dragged  out  negotiations  for  the  release  of  the  family  members,  other  inmates  were 
finishing  an  escape  tunnel.  After  the  prisoners  reneged  on  their  promise  to  release 
the  hostages,  the  police  learned  of  the  tunnel  and  stormed  the  prison,  regaining  con- 
trol without  firing  a  single  bullet.  Some  leaders  of  the  revolt  were  transferred  to  an- 
other facility  for  their  own  safety. 

In  the  northeastern  state  of  Ceara,  eight  inmates  were  killed  and  three  hostages 
wounded  when  authorities  put  down  a  December  prison  revolt  in  Fortaleza.  One  of 
the  hostages  later  said  she  saw  police  shoot  at  least  two  inmates  who  had  already 
surrendered  and  were  lying  prostrate  on  the  ground. 

In  November  students  at  the  Escola  Joao  Luiz  Alves  juvenile  penitentiary  in  Rio 
de  Janeiro  revolted  over  alleged  brutality  by  institution  guards.  Of  a  total  of  312 
internees,  247  escaped  from  the  institution.  One  youth  died  at  the  hands  of  school 
guards  in  the  melee.  Complaints  about  incidents  of  torture  and  violence  and  the 
school's  failure  to  separate  youths  by  age  and  by  crime  committed  had  been  filed 
in  1996  with  the  lACHR. 

Sao  Paulo's  prison  system,  in  particular,  suffers  from  chronic  overcrowding,  cor- 
rupt and  abusive  local  prison  management,  and  prisoner  access  to  weapons  and 
drugs.  Discipline  is  difficult  to  maintain  under  sucn  conditions,  and  prison  officials 
often  resort  to  inhuman  treatment  to  maintain  order.  In  January  14  police  officers 
put  down  a  riot  at  the  Santa  Rosa  do  Viterbo  women's  penitentiary  by  punching, 
kicking,  and  beating  80  inmates  with  nightsticks;  they  seriously  injured  22  persons 
and  caused  a  pregnant  inmate  to  miscarry.  According  to  separate  reports  by  the  po- 
lice ombudsman  and  a  church-afTiliated  group,  Santa  Rosa  police  chief  Elton  Testi 
Renz  ordered  the  systematic  beating  of  the  80  women.  Renz  was  transferred  to  an- 
other district;  the  civil  police  involved  are  awaiting  trial  in  civilian  court.  Sao  Paulo 
state  is  building  21  new  prisons,  which  are  expected  to  be  completed  by  the  end  of 
1998. 

In  January  the  Legal  Medical  Institute  of  Parana  state  opened  an  investigation 
into  allegations  of  torture  at  a  prison  in  Foz  do  Iguacu.  Seven  prisoners  had  been 
taken  to  the  Institute  with  serious  injuries,  including  external  and  internal  wounds 
allegedly  sustained  during  police  beatings.  The  Carandiru  prison  in  Sao  Paulo  con- 
tinued to  be  the  scene  of  serious  prisoner  abuse.  In  a  section  of  the  prison  known 
as  "the  dungeon,"  prisoners  are  typically  kept  in  isolation  for  months  without  any 
sunlight.  According  to  a  church-affiliated  group,  approximately  15  prison  guards  en- 
tered the  dungeon  on  February  19  and  beat  prisoners  with  wooden  clubs  and  iron 
bars. 

Prisons  do  not  provide  adequate  protection  against  violence  inflicted  by  inmates 
on  each  other.  Prisoners  are  subject  to  dismal  health  conditions  as  well.  Scabies  and 
tuberculosis,  diseases  not  common  in  the  general  population,  are  widespread  in  Sao 
Paulo  prisons.  Prison  officials  believe  that  within  5  years  50  percent  of  the  prison 
population  could  be  HIV  positive.  Denial  of  first  aid  and  other  medical  care  is  some- 
times used  as  a  form  of  punishment. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 


435 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest  and 
detention,  and  the  Government  generally  observes  this  prohibition.  The  Constitution 
limits  arrests  to  those  caught  in  the  act  of  committing  a  crime  or  those  arrested  by 
order  of  a  judicial  authority.  The  authorities  usually  respect  the  constitutional  provi- 
sion for  a  judicial  determination  of  the  legality  of  detention,  although  some  con- 
victed inmates  are  held  beyond  their  sentences  due  to  poor  record  keeping.  The  law 
permits  provisional  detention  for  up  to  5  days  under  specified  conditions  during  a 
police  investigation,  but  a  judge  may  extend  this  period.  According  to  groups  that 
work  with  street  children,  however,  the  police  sometimes  detain  street  youths  ille- 
gally without  a  judicial  order  or  hold  them  incommunicado. 

The  Grovemment  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  an  independent  branch  of  govern- 
ment, but  it  is  inefficient  and  subject  to  political  influence.  In  many  instances, 
lower-income,  less-educated  citizens  make  limited  use  of  the  appeals  process  that 
otherwise  might  ensure  the  right  to  fair  trial. 

At  the  appellate  court  level,  a  large  backlog  of  cases  hinders  the  courts'  ability 
to  ensure  fair  and  expeditious  trials.  In  a  press  interview,  the  president  of  the  Fed- 
eral Supreme  Court  complained  about  the  volume  of  appeals  that  by  law  the  Su- 
preme Court  must  review.  The  11  judges  on  the  court  received  over  35,000  cases 
in  1997.  It  takes  8  years  to  reach  a  definitive  decision  in  the  average  case,  a  delay 
that  the  Supreme  Court  president  considered  unjust. 

The  judicial  system,  with  the  Federal  Supreme  Court  at  its  apex,  includes  courts 
of  first  instance  and  appeals  courts.  States  organize  their  own  judicial  systems  but 
must  adhere  to  the  basic  principles  in  the  Constitution.  There  is  also  a  system  of 
specialized  courts  dealing  with  police,  labor,  elections,  juveniles,  and  family  matters. 

Special  police  courts  have  jurisdiction  over  state  uniformed  police  (except  when 
charged  with  intentional  homicide);  the  record  of  these  courts  shows  that  conviction 
is  the  exception  rather  than  the  rule.  A  human  rights  group  in  the  northeast,  which 
studied  police  crimes  against  civilians  tried  in  police  courts  from  1970  to  1991, 
found  that  only  8  percent  of  the  cases  resulted  in  convictions.  In  Sao  Paulo,  another 
study  found  that  only  5  percent  of  cases  resulted  in  convictions.  The  courts  (which 
are  separate  from  the  courts-martial  of  the  armed  forces,  except  for  the  final  appeals 
court)  are  composed  of  four  ranking  state  uniformed  police  ofTicials  and  one  civilian 
judge.  With  too  few  judges  for  the  caseload,  there  are  backlogs,  and  human  rights 
groups  note  a  lack  of  zeal  among  police  charged  with  investigating  fellow  officers. 

In  1996  the  President  signed  legislation  giving  ordinary  courts  jurisdiction  over 
cases  in  which  uniformed  police  officers  are  accused  of  intentional  homicide  against 
civilians.  However,  the  internal  police  investigation  determines  whether  the  homi- 
cide was  intentional  or  not,  and  the  police  tribunal  decides  whether  to  forward  a 
case  to  a  civil  court  for  trial. 

A  federal  law  approved  in  September  1995  created  small  claims  courts  to  handle, 
and  resolve  quickly,  less  serious  criminal  and  civil  cases.  In  Sao  Paulo,  the  new 
courts  resolved  80  percent  of  their  cases  within  60  days,  and  cleared  from  the  state 
docket  some  45,000  backlogged  cases. 

Defendants  are  entitled  to  counsel  and  must  be  made  fully  aware  of  the  charges 
against  them.  According  to  the  Ministry  of  Justice,  approximately  85  percent  of  pris- 
oners cannot  afford  an  attorney.  In  such  cases,  the  court  must  provide  one  at  public 
expense;  courts  are  supposed  to  appoint  private  attorneys  to  represent  poor  defend- 
ants when  public  defenders  are  unavailable,  but  often  no  effective  deiense  is  pro- 
vided. Juries  decide  only  cases  of  willful  crimes  against  life;  judges  try  all  others. 

The  right  to  a  fair  public  trial  as  provided  by  law  is  generally  respected  in  prac- 
tice, although  in  rural  areas  the  judiciary  is  generally  less  capable  and  more  subject 
to  the  influence  of  local  landowners,  particularly  in  cases  related  to  indigenous  peo- 
ple and  rural  union  activists.  Similarly,  local  police  are  often  less  zealous  in  inves- 
tigating, prosecutors  are  reluctant  to  initiate  proceedings,  and  judges  find  reasons 
to  delay  when  cases  involve  gunmen  contracted  by  landowners  to  eliminate  squat- 
ters or  rural  union  activists. 

The  need  for  judicial  reform  is  widely  recognized  because  the  current  system  is 
inefficient,  with  backlogs  of  cases  and  shortages  of  judges.  Lawyers  often  drag  out 
cases  as  long  as  possible  in  the  hope  that  an  appeals  court  might  render  a  favorable 
opinion  and  because  they  are  paid  according  to  the  amount  of  time  they  spend  on 
a  case.  According  to  the  Institute  of  Economic,  Social,  and  Political  Studies  of  Sao 
Paulo,  however,  90  percent  of  appeals  court  decisions  confirm  decisions  made  in 
lower  courts.  Low  pay,  combined  with  exacting  competitive  examinations  that  in 
some  years  eliminate  90  percent  of  the  applicants,  make  it  difTicult  to  fill  vacancies 
on  the  bench.  The  system  requires  that  a  trial  be  held  within  a  period  of  time  from 
the  date  of  the  crime  (similar  to  a  statute  of  limitations).  Due  to  the  backlog  of 


436 

cases,  old  cases  are  frequently  dismissed.  According  to  a  former  judge,  this  encour- 
ages corrupt  judges  purposely  to  delay  certain  cases,  so  that  they  can  be  dismissed. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  freedom  from  arbitrary  intrusion  into  the  home,  although 
wiretaps  authorized  by  judicial  authority  are  permitted.  The  law  regulating  the  con- 
ditions under  which  wiretaps  may  be  used  appears  to  strike  a  fair  balance  between 
giving  the  police  an  effective  law  enforcement  tool  and  protecting  the  civil  liberties 
of  citizens.  There  were  no  reports  of  illegal  entry  for  political  reasons,  but  illegal 
entry  into  homes  without  a  warrant  occurs  in  searches  for  criminal  suspects.  The 
inviolability  of  private  correspondence  is  respected. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  1988  Constitution  abolished  all  forms  of 
censorship  and  provides  for  freedom  of  speech  and  a  free  press.  The  authorities  re- 
spect these  rights  in  practice. 

Newspapers  and  magazines,  which  are  privately  owned,  vigorously  report  and 
comment  on  government  performance.  Both  the  press  and  broadcast  media  routinely 
discuss  controversial  social  and  political  issues  and  engage  in  investigative  report- 
ing. Most  radio  and  television  stations  are  privately  owned;  however,  the  Govern- 
ment has  licensing  authority,  and  politicians  frequently  obtain  the  licenses.  Many 
television  and  radio  stations  are  owned  by  current  or  former  congressmen,  some  of 
whom  are  or  were  members  of  the  committee  overseeing  communications.  It  is  dif- 
ficult to  determine  how  many  media  outlets  are  indirectly  controlled  by  politicians 
since  concessions  are  often  registered  in  the  names  of  family  members  or  friends 
linked  to  them.  In  addition,  concessions  are  regularly  transferred  to  other  names, 
with  little  oversight  by  the  Government. 

The  penalty  for  libel  under  the  1967  press  law — a  prison  term — is  considered  ex- 
treme by  judges  and  is  rarely  imposed.  Press  criticism  has  described  it  as  an  archaic 
and  authoritarian  law  inherited  from  the  military  regime. 

In  November  the  authorities  held  six  members  of  the  music  group  "Planet  Hemp" 
for  5  days  under  a  law  forbidding  incitement  to  use  drugs.  A  judge  in  the  Federal 
District  also  prohibited  the  broadcast  of  14  of  the  group's  songs. 

There  were  few  reports  of  harassment  of  journalists;  however,  there  was  a  case 
of  torture  involving  a  photojournalist  and  death  threats  were  made  against  a  jour- 
nalist who  testified  against  the  police  (see  Sections  l.a  and  l.c). 

Foreign  publications  are  widely  distributed;  prior  review  of  films,  plays,  and  radio 
and  television  programming  is  practiced  only  to  determine  a  suitable  viewing  age. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  to  assemble  peacefully,  and  the  Government  respects  this  right  in  practice. 
Permits  are  not  required  for  outdoor  political  or  labor  meetings,  and  such  meetings 
occur  frequently.  However,  in  Salvador,  the  head  of  the  legislative  assembly's 
Human  Rights  Commission  claimed  that  the  right  of  assembly  in  the  downtown 
area  had  been  denied  by  state  authorities  for  9  months,  following  violent  clashes 
with  police  during  demonstrations  in  April. 

The  Constitution  provides  for  the  right  of  freedom  of  association,  and  the  Govern- 
ment respects  this  right  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  There  is  no  favored  or  state  religion.  All 
faiths  are  free  to  establish  places  of  worship,  train  clergy,  and  proselytize,  although 
the  Government  controls  entry  into  Indian  lands. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  are  no  restrictions  on  movement,  except  for  the  protected  Indian 
areas,  nor  are  there  any  restrictions  on  emigration  or  return.  A  parent,  however, 
is  not  allowed  to  leave  the  country  with  children  without  the  permission  of  the  other 
parent. 

In  July  the  Government  passed  legislation  with  provisions  for  asylum  and  refugee 
status  intended  to  conform  with  the  principles  of  the  1951  U.N.  Convention  Relating 
to  the  Status  of  Refugees  and  its  1967  Protocol.  The  Government  provides  first  asy- 
lum and  cooperates  with  the  office  of  the  U.  N.  High  Commissioner  for  Refugees 
(UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees.  There  were 
207  reouests  for  refugee  status  covering  277  persons;  68  cases  (for  80  persons)  were 
granted  and  176  cases  (for  198  persons)  were  denied.  According  to  the  UNHCR, 
there  were  2,260  refugees  in  the  country  at  year's  end. 

There  were  no  reports  of  forced  return  oi  persons  to  a  country  where  they  feared 
persecution. 


437 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage.  Voting  is  secret  and  mandatory  for 
all  literate  citizens  age  18  to  70,  except  military  conscripts  who  may  not  vote.  It  is 
voluntary  for  minors  age  16  to  18,  for  the  illiterate,  and  for  those  age  70  and  over. 

Women  have  full  political  rights  under  the  Constitution  and  are  becoming  active 
in  politics  and  government.  They  comprise  7.6  percent  of  the  national  Congress;  39 
women  serve  in  the  Chamber  of  Deputies  (out  of  513  seats),  and  6  serve  in  the  Sen- 
ate (out  of  81  members). 

Brazil's  diverse  ethnic  and  racial  groups  are  not  represented  in  government  and 
politics  in  proportion  to  their  numbers  in  the  general  population. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  tneir  findings  on  human  rights  cases.  Federal  officials  are 
generally  cooperative  and  responsive  to  their  views. 

The  lACHR's  December  report  noted  President  Cardoso's  "obiective  treatment"  of 
human  rights  problems  and  the  positive  thrust  of  the  national  human  rights  Action 
Plan.  The  report  also  strongly  criticized  Brazil  for  violating  a  broad  range  of  human 
rights,  including  police  violence  and  involvement  in  extrajudicial  killing,  violence 
against  and  exploitation  of  minors,  and  general  impunity  for  human  rights  violators. 
President  Caraoso  publicly  accepted  the  conclusions  of  the  lACHR  report,  acknowl- 
edging in  a  speech  that  "We  cannot,  as  in  the  past,  pretend  these  things  do  not 
exist.*^ 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Discrimination  on  the  basis  of  sex,  race,  religion,  and  nationality  is  unconstitu- 
tional, yet  women,  blacks,  and  indigenous  people  continued  to  experience  discrimi- 
nation. The  International  Labor  Organization  (ILO)  notes  that  important  differences 
in  wages  continue  to  exist  to  the  detriment  of  women  and  blacks,  particularly  in 
rural  areas.  The  Government  passed  a  law  in  May  with  prison  penalties  and  fines 
for  racism,  including  promulgation  of  pejorative  terms  for  ethnic  or  racial  groups, 
use  of  the  swastika,  or  acts  of  discrimination  based  on  sex,  sexual  orientation,  reli- 
gion, age,  or  ethnic  origin. 

There  continued  to  be  reports  of  violence  against  homosexuals,  although  it  was 
not  always  clear  that  the  victims'  sexual  orientation  was  the  reason.  The  (jrupo  Gay 
da  Bahia,  Brazil's  best  known  homosexual  rights  organization,  compiled  media  re- 
ports indicating  that  109  homosexuals  were  killed  in  the  first  10  months  of  the  year. 
While  some  of^those  reports  showed  clear  evidence  of  a  hate  crime,  most  did  not 
provide  evidence  that  the  victims  were  targeted  because  of  their  sexual  orientation. 

Wom.en. — There  is  a  high  incidence  of  physical  abuse  of  women.  Most  major  cities 
and  towns  have  established  special  police  offices  to  deal  with  crimes  of  domestic  or 
sexual  violence  against  women;  such  offices  total  over  200.  The  special  police  office 
in  Brasilia  has  seen  a  steady  increase  in  reports  of  crimes  against  women  during 
the  last  7  years,  but  police  and  social  workers  attribute  the  increase  in  reported 
complaints  not  to  a  rising  level  of  violence  against  women,  but  to  greater  awareness 
by  women  of  their  rights  and  less  willingness  to  tolerate  abuse  than  in  the  past. 

In  rural  areas,  abused  women  have  little  recourse  since  there  are  no  specialized 
police  offices  available  to  them.  Men  who  commit  crimes  against  women,  including 
sexual  assault  and  murder,  are  unlikely  to  be  brought  to  trial.  Although  the  Su- 
preme Court  in  1991  struck  down  the  archaic  concept  of  "defense  of  hono?'  as  a  jus- 
tification for  murder  of  a  wife,  courts  are  still  reluctant  to  prosecute  and  convict 
men  who  claim  they  attack  their  wives  for  infidelity. 

The  Constitution  prohibits  discrimination  based  on  sex  in  employment  or  pay  and 
provides  for  120  days  of  paid  maternity  leave.  However,  the  provision  against  wage 
discrimination  is  rarely  enforced.  According  to  the  most  recent  official  statistics, 
women  earn,  on  average,  54  percent  of  the  salaries  earned  by  men.  A  recent  study 
by  a  sociologist  showed  that  women  who  started  working  in  positions  in  which  they 
earned  twice  the  minimum  wage  advanced  in  pay  after  10  years  to  a  wage  of  seven 
times  the  minimum  wage.  Men  starting  in  the  same  positions  earned  2.6  times  the 
minimum  wage  and  advanced  to  a  wage  of  10.9  times  the  minimum  wage  after  10 
years.  A  Ministry  of  Labor  survey  revealed  that  the  average  starting  salary  for  high 
school-educated  women  in  Sao  raulo  was  one-third  less  than  the  average  starting 
salary  for  high  school-educated  men. 


438 

In  response  to  the  maternity  leave  law,  some  employers  seek  sterilization  certifi- 
cates from  female  job  applicants  or  try  to  avoid  hiring  women  of  childbearing  age. 
Hoping  to  clamp  (iown  on  such  practices,  President  Cardoso  signed  a  law  in  April 
1995  prohibiting  employers  from  requiring  applicants  or  employees  to  take  preg- 
nancy tests  or  present  sterilization  certificates.  Employers  who  violate  the  law  are 
subject  to  a  jail  term  ranging  from  1  to  2  years,  while  the  company  must  pay  a  fine 
equal  to  10  times  the  salary  of  its  highest  paid  employee. 

Children. — Despite  progressive  laws  to  protect  children  and  a  growing  awareness 
of  their  plight  through  media  and  NGO  campaigns,  millions  of  children  continue  to 
fail  to  get  an  education,  must  work  to  survive,  and  suffer  from  the  poverty  afflicting 
their  families.  A  report  issued  by  the  Brazilian  Institute  for  Geography  and  Statis- 
tics (IBGE)  stated  that  the  number  of  children  between  the  ages  of  10  and  14  who 
were  employed  decreased  by  163,000  from  1993  to  1995.  However,  more  than  3.8 
million  cnildren  in  the  same  age  range  continue  to  work,  many  of  them  together 
with  their  parents,  under  conditions  approximating  forced  labor  or  debt  bondage 
(see  Sections  6.c.  and  6.d.).  Many  other  cnildren  beg  on  the  streets  of  cities.  School- 
ing is  free  and  compulsory  for  tne  first  six  grades  and  available  in  all  parts  of  the 
country.  The  education  system  does  not  exclude  any  groups,  and  most  children  re- 
main in  school  until  age  14. 

There  are  no  reliable  figures  on  the  number  of  street  children,  some  of  whom  are 
homeless,  but  the  majority  of  whom  return  home  at  night.  In  Rio  de  Janeiro,  an 
organization  aiding  street  children  estimated  recently  that  30,000  frequent  the 
streets  by  day  but  probably  less  than  1,000  sleep  there.  NGO's  have  made  enough 
shelters  available  for  homeless  children,  but  some  children  prefer  the  freedom  and 
drugs  that  street  life  offers.  In  Sao  Paulo,  NGO's  aiding  street  children  estimated 
that  some  12,000  children  roam  the  streets  by  day  and  that  from  3,000  to  5,000  of 
them  live  permanently  on  the  streets.  The  NGO  s  report  that  extreme  poverty  at 
home  or  sexual  abuse  by  fathers  and  stepfathers  are  tne  principal  reasons  so  many 
children  choose  to  live  on  the  streets.  An  IBGE  study  reported  that  47  percent  of 
Sao  Paulo  children  come  from  families  that  earn  less  than  $200  per  month.  In  Sal- 
vador, Bahia,  the  NGO's  estimate  the  number  of  children  who  sleep  in  the  streets 
to  be  less  than  1,000,  although  this  number  fluctuates  widely  during  the  weeks  be- 
tween Christmas  and  Carnival,  when  children  from  the  region  are  attracted  to  the 
city  by  the  large  number  of  tourists  and  festivals.  Nationwide,  the  Inter-American 
Development  Bank  estimates  that  some  30  million  children  live  below  the  poverty 
line  and  increasingly  come  from  households  headed  by  women. 

Because  street  children  have  a  high  rate  of  drug  use  and  have  been  involved  in 
assaults  and  robberies,  a  significant  portion  of  tne  public  supports  harsh  police 
measures  against  them,  viewing  the  issue  as  one  of  crime  and  security,  not  human 
rights.  Government  and  NGO  resources  for  street  children  have  not  been  able  to 
keep  up  with  the  high  demand. 

Homicide  became  the  leading  cause  of  death  among  15-  to  17-year-  olds,  with  its 
rate  more  than  tripling  since  1980,  according  to  a  survey  published  in  November. 
The  survey,  conducted  by  IGBE  and  the  United  Nations  Children's  Fund,  found  that 
23.5  percent  of  deaths  in  that  age  group  were  homicides,  compared  with  7.8  percent 
in  1980.  Among  children  between  tne  ages  of  10  and  14,  homicide  accounted  for  5.1 
percent  of  all  deaths.  In  Rio  de  Janeiro,  according  to  the  Division  for  the  Protection 
of  Children  and  Adolescents  and  the  Court  of  Infancy  and  Youth,  approximately  659 
minors  were  shot  to  death  in  1996,  up  from  596  in  1995. 

The  Government  continued  its  campaign  against  sex  tourism  and  child  prostitu- 
tion, a  significant  problem  throughout  the  country,  but  particularly  prevalent  in  the 
major  tourist  cities  in  the  northeast.  The  Federal  District  has  a  24-hour  number  for 
reporting  cases  of  sexual  abuse;  a  special  police  unit  to  investigate  sexual  crimes 
against  children;  and  special  teams  at  all  clinics  and  hospitals  to  treat  child  victims 
of  violence  or  sexual  abuse. 

People  With  Disabilities. — The  Constitution  contains  several  provisions  for  the  dis- 
abled, stipulating  a  minimum  wage,  educational  opportunities,  and  access  to  public 
buildings  and  public  transportation.  Groups  that  work  with  the  disabled,  however, 
report  that  state  governments  failed  to  meet  the  legally  mandated  targets  for  edu- 
cational opportunities  and  work  placement.  There  was  little  progress  in  the  elimi- 
nation of  architectural  barriers  to  the  disabled. 

Indigenous  People. — Brazil's  approximately  330,000  Indians,  who  speak  170  dif- 
ferent languages,  have  a  constitutional  right  to  their  traditional  lands.  Indigenous 
rights  groups,  however,  expressed  concern  that  in  practice  the  authorities  allow 
most  indigenous  people  only  limited  participation  in  decisions  affecting  their  lands, 
cultures,  traditions,  and  the  allocation  of  natural  resources.  The  1988  Constitution 
charged  the  Federal  Gk)vernment  with  demarcating  indigenous  areas  within  5  years, 
but  the  authorities  have  yet  to  complete  the  process. 


439 

In  January  1996,  the  Government  issued  decree  1775,  altering  the  demarcation 
process  to  permit  challenges  to  proposed  demarcations  from  nonindigenous  inter- 
ested parties,  despite  the  fact  that  the  Constitution  allows  the  Federal  Government 
to  expropriate  land  with  just  compensation.  A  total  of  419  separate  challenges,  cov- 
ering 34  Indian  areas,  were  filed.  FUNAI,  the  National  Indian  Foundation,  rejected 
all  of  the  claims,  and  forwarded  them  to  Justice  Minister  Nelson  Jobim.  Eventually 
the  Ministry  rejected  all  the  challenges.  In  November  President  Cardoso  signed  de- 
crees ratifying  the  22  indigenous  reserves,  which  encompass  8.4  million  hectares 
where  9  indigenous  groups  live.  With  these  new  reservations,  the  Government  has 
set  aside  a  total  of  28.2  million  hectares  for  indigenous  reserves,  representing  about 
5  percent  of  the  country's  territory. 

The  Constitution  provides  Indians  with  the  exclusive  use  of  the  soil,  waters,  and 
minerals  found  on  their  lands,  subject  to  congressional  authorization.  The  regula- 
tions necessary  for  economic  exploitation,  however,  are  still  pending  before  the  Con- 
gress. Illegal  mining,  logging,  and  ranching  are  a  serious  problem  on  Indian  lands, 
as  a  majority  of  these  lands  also  have  been  occupied  by  non-Indians.  In  November 
FUNAI,  with  help  from  the  army  and  air  force,  began  clearing  out  an  estimated  800 
to  1,000  wildcat  miners  from  indigenous  lands  in  Roraima. 

Due  to  the  Federal  Government's  failure  to  provide  adequate  medical  care,  as  re- 
quired by  law,  indigenous  people  have  suffered  epidemics  of  malaria,  measles,  and 
tuberculosis.  The  Catholic  Church-affiliated  Indigenist  Missionary  Council  (CIMI) 
and  the  coordinator  of  Brazilian  Amazon  Indigenous  Organizations  (COIAB)  have 
reported  on  the  lack  of  health  care  for  Indians  in  the  Amazon  region.  According  to 
a  report  by  the  Manaus-based  Institute  of  Tropical  Medicine,  the  average  life  expect- 
ancy of  Brazilian  Indians  droppied  from  48.2  years  in  1993  to  42.6  years  in   1995. 

A  federal  judge  convicted  5  gold  miners  in  December  1996  for  killing  17 
Yanomami  on  the  Venezuelan  border  in  1993,  but  only  two  of  the  miners  are  in  cus- 
tody. Indigenous  rights  groups  expressed  concern  that  the  others  may  never  be 
brought  to  justice. 

In  August  a  federal  judge  dismissed  murder  charges  against  four  young  men  ac- 
cused of  dousing  an  Indian  leader  with  gasoline  and  setting  him  on  fire,  saying  that 
they  did  not  realize  he  was  an  Indian  nor  did  they  intend  to  kill  him.  One  defendant 
was  the  son  of  a  federal  judge.  The  victim  was  Galdino  Jesus  dos  Santos,  age  44, 
of  the  Pataxo  tribe.  The  judge's  decision  was  widely  criticized,  and  President 
Cardoso  denounced  the  murder  as  unjustifiable. 

National  I  Racial  I  Ethnic  Minorities. — Although  racial  discrimination  has  been  ille- 
gal since  1951,  darker  skinned  citizens  say  they  frequently  encounter  discrimina- 
tion. Most  blacks  are  found  among  the  poorer  sectors  of  society.  Even  though  nearly 
half  of  the  population  has  some  African  ancestry,  very  few  senior  officials  in  govern- 
ment, the  armed  forces,  or  the  private  sector  are  black.  Black  consciousness  organi- 
zations challenge  the  view  that  Brazil  is  a  racial  democracy  with  equality  for  all  re- 
gardless of  skin  color.  They  assert  that  racial  discrimination  becomes  most  evident 
when  blacks  seek  employment,  housing,  or  educational  opportunities. 

According  to  government  statistics,  blacks  earn  on  average  43  percent  as  much 
as  whites.  The  monthly  p>er  capita  income  for  white  males  is  6.3  times  the  minimum 
wage;  for  white  women,  3.6  times  the  minimum  wage;  for  black  men,  2.9;  and  for 
black  women,  1.7.  Illiteracy  is  also  a  problem;  32  percent  of  blacks  are  illiterate, 
compared  with  14  percent  of  whites.  Of  30,000  students  at  the  University  of  Sao 
Paulo,  there  are  about  1,000  blacks. 

Blacks  are  oflen  the  victims  of  violence  at  a  level  disproportionate  to  their  per- 
centage in  the  population.  For  instance,  a  we  11 -respected  human  rights  NGO  active 
in  the  northeast,  the  Luiz  Freire  Cultural  Center,  reported  that,  of  the  1,378  murder 
victims  in  Recife  in  1994,  87  percent  were  black. 

A  much  higher  percentage  of  blacks  are  convicted  by  courts  than  whites,  according 
to  professor  Sergio  Adomo,  of  the  University  of  Sao  Paulo's  Nucleus  for  the  Study 
of  Violence.  Adomo  analyzed  500  criminal  cases  judged  in  Sao  Paulo  courts  in  1990 
and  found  that  60  percent  of  whites  able  to  afford  their  own  lawyers  were  acquitted, 
while  only  27  percent  of  blacks  who  hired  lawyers  were  found  not  guilty. 

In  September  a  government  working  group  on  racism  and  discrimination  issued 
29  recommendations,  including  the  creation  of  affirmative  action  programs  for  uni- 
versity admissions  and  government  hiring.  The  group  was  charged  with  proposing 
public  policies  to  increase  the  participation  and  access  of  Afro-  Brazilians  in  society. 
The  President's  public  acknowledgment  in  November  1995  that  racism  and  discrimi- 
nation exist  was  unprecedented,  for  presidents  had  maintained  in  the  past  that  peo- 
ple were  discriminated  against  because  they  were  poor,  not  because  of  their  skin 
color. 


440 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Labor  Code  provides  for  representation  of  all 
workers  (except  for  members  of  the  military,  uniformed  police,  and  firemen)  but  im- 
poses a  hierarchical,  unitary  system,  funded  by  a  mandatory  union  tax  on  workers 
and  employers.  Under  a  restriction  known  as  "unicidade"  (one  per  city),  the  code 
prohibits  multiple  unions  of  the  same  professional  category  in  a  given  geographical 
area.  The  1988  Constitution  freed  worlcers  to  organize  new  unions  out  of  ola  ones 
without  prior  authorization  by  the  Government,  but  retained  other  provisions  of  the 
old  Labor  Code.  All  elements  of  the  labor  movement  and  the  International  Confed- 
eration of  Free  Trade  Unions  (ICFTU)  criticize  the  retention  of  unicidade. 

Unicidade  has  proven  less  restrictive  in  recent  years,  as  more  liberal  interpreta- 
tions permitted  new  unions  to  form  and,  in  many  cases,  to  compete  with  unions  and 
federations  that  had  already  enjoyed  official  recognition.  The  sole  bureaucratic  re- 
auirement  for  new  unions  is  to  register  with  the  Ministry  of  Labor  which,  by  court 
aecision,  must  accept  and  record  the  registration.  In  practice,  unicidade  is  enforced 
by  the  system  of  labor  courts,  which  retain  the  right  to  review  the  registration  of 
new  unions  and  to  adjudicate  conflicts  over  their  lormation.  This  can  often  result 
in  complicated  jurisdictional  quarrels.  The  power  of  the  labor  courts  to  define  juris- 
dictions came  to  the  fore  when  the  Workers  Unitary  Central  (CUT — the  largest  and 
most  activist  of  the  three  labor  confederations)  ABC  metalworkers'  federation  was 
riven  by  a  1996  attempt  by  a  group  of  dissidents  to  establish  their  own  local  union 
in  one  of  the  suburban  Sao  Paulo  municipalities  that  the  federation  comprises.  Al- 
though a  majority  of  federation  members  clearly  appeared  to  favor  the  unified  struc- 
ture, the  dissidents  were  able  to  seek  redress  through  the  labor  court,  where  a  suit 
still  was  f>ending  at  year's  end. 

Otherwise,  unions  are  independent  of  the  (jovemment  and,  at  least  nominally,  of 
political  parties.  Approximately  20  to  30  percent  of  the  work  force  is  organized,  with 
well  over  half  this  number  affiliated  with  an  independent  labor  central.  Intimidation 
of  rural  labor  union  organizers  by  landowners  and  their  agents  continues  to  be  a 
problem  (see  Section  l.a.). 

The  Constitution  provides  workers,  including  most  civil  servants,  with  the  right 
to  strike.  Enabling  legislation  passed  in  1989  stipulates  that  essential  services  must 
remain  in  operation  during  a  strike  and  that  workers  must  notify  employers  at  least 
48  hours  before  beginning  a  walkout.  The  Constitution  prohibits  government  inter- 
ference in  labor  unions  but  provides  that  "abuse"  of  the  right  to  strike  (such  as  not 
maintaining  essential  services,  or  failure  to  end  a  strike  after  a  labor  court  decision) 
is  punishable  by  law.  In  the  case  of  public  employees,  the  Constitution  specifies 
their  right  to  strike,  subject  to  conditions  enacted  by  the  Congress.  Since  the  Con- 
gress has  yet  to  pass  the  complementary  legislation,  labor  ana  legal  experts  debate 
the  limits  of  the  right  to  strike  for  public  employees.  In  practice,  the  Government 
has  not  interfered  with  their  right  to  strike,  although  a  month-long  strike  by 
Petrobras  (the  state-controlled  oil  company)  employees  in  May  1995,  which  greatly 
inconvenienced  the  public,  was  judged  abusive  by  the  Supreme  Labor  Court,  and 
caused  many — including  some  laoor  leaders — to  call  for  limits  on  public  employees' 
right  to  strike. 

The  CUT,  the  parent  central  to  the  petroleum  workers,  submitted  a  complaint  to 
the  ILO  Committee  on  Freedom  of  Association  in  May  1995  arguing  that  the  firing 
of  59  union  members  for  their  involvement  in  the  strike  violated  their  right  to 
strike.  In  November  1995,  the  ILO  body  found  that  the  nature  of  the  labor  court's 
procedures,  which  allow  either  party  to  submit  a  dispute  for  what  amounts  to  bind- 
ing arbitration,  "may  effectively  undermine  the  right  of  workers  to  strike  and  does 
not  promote  effective  collective  bargaining."  The  ILO  suggested  that  the  legislation 
be  amended  to  permit  submission  of  disputes  to  judicial  authorities  only  with  the 
permission  of  both  parties  or  in  case  of  the  interruption  of  essential  services.  The 
ILO  also  suggested  that  the  59  workers  be  rehired  and  that  the  high  fines  levied 
on  the  local  unions  for  defiance  of  a  court  order  to  return  to  work  amounted  to  a 
serious  limitation  on  the  right  to  strike.  President  Cardoso  maintained  that  since 
the  fines  were  levied  by  the  courts,  the  executive  branch  should  not  interfere  and 
the  unions  should  seek  relief  in  the  courts. 

Postal  workers  and  teachers,  police,  train  and  municipal  transit  workers,  auto- 
workers,  metalworkers,  electrical  generating  authority  employees,  and  dock  workers 
all  went  on  strike  in  1997.  Formerly,  the  courts  almost  automatically  ruled  strikes 
abusive.  In  recent  years,  however,  the  courts  have  applied  the  law  with  more  discre- 
tion. The  1989  strike  law  prohibits  dismissals  or  tne  hiring  of  substitute  workers 
during  a  strike,  with  certain  exceptions,  provided  the  strike  is  not  ruled  abusive. 

Although  the  law  makes  no  provision  for  a  central  labor  organization,  three  major 
groups  have  emerged:  The  Workers'  Unitary  Central,  the  Workers'  General  Confed- 
eration, and  the  Forca  Sindical.  The  centrals  do  not  have  legal  standing  to  represent 


441 

professional  categories  of  workers,  but  all  three  centrals  can  effectively  acquire  such 
standing  by  afllliating  with  existing  statewide  federations  or  nationwide  confed- 
erations or  by  forming  new  federations  and  confederations. 

Unions  and  centrals  freely  afTiliate  with  international  trade  union  organizations. 
All  three  major  confederations  are  affiliated  with  the  ICPTU. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  provides  for 
the  right  to  organize.  With  government  assistance,  businesses  and  unions  are  work- 
ing to  expand  and  improve  mechanisms  of  collective  bargaining.  The  scope  of  issues 
legally  susceptible  to  collective  bargaining  is  narrow.  The  labor  court  system  exer- 
cises normative  power  with  regard  to  the  settlement  of  labor  disputes,  thus  discour- 
aging direct  negotiation.  The  Cardoso  Government  has  made  expansion  of  collective 
bargaining  one  of  its  major  objectives  in  the  labor  sector.  In  mid-1995,  the  Govern- 
ment promulgated  a  provisional  measure  that  simultaneously  ended  inflation-index- - 
ing  of^wages,  allowea  for  mediation  of  wage  settlements  if  the  parties  involved  so 
desired,  and  provided  greater  latitude  for  collective  bargaining.  Unions  have  wel- 
comed these  changes,  smce  labor  courts  and  the  Labor  Ministry  previously  had  me- 
diation responsibility  in  the  preliminary  stages  of  dispute  settlement.  In  many 
cases,  free  negotiations  set  wages;  labor  court  decisions  set  them  in  others.  Under 
the  provisional  measure,  parties  may  now  freely  choose  mediation. 

The  ILO  notes  that  important  differences  in  wages  continue  to  exist  to  the  det- 
riment of  women  and  blacks,  particularly  in  the  rural  sectors  (see  Section  5). 

The  Constitution  incorporates  a  provision  from  the  old  Labor  Code  prohibiting  dis- 
missal of  employees  who  are  candidates  for  or  holders  of  union  leadership  positions. 
Nonetheless,  dismissals  take  place,  with  those  dismissed  required  to  resort  to  a 
lengthy  court  process  for  relief!  In  general,  the  authorities  do  not  efTectively  enforce 
laws  protecting  union  members  from  discrimination.  Union  ofTicials  estimate  that 
only  5  percent  of  such  cases  reaching  the  labor  court  system  are  resolved  within 
days  through  a  preliminary  judicial  order.  The  other  95  percent  generally  take  5  to 
10  years  (and  sometimes  more)  to  resolve. 

Labor  law  applies  equally  in  the  free  trade  zones.  However,  unions  in  the  Manaus 
free  trade  zone,  like  rural  unions  and  many  unions  in  smaller  cities,  are  relatively 
weaker  vis-a-vis  industry  than  unions  in  the  major  industrial  centers. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Although  the  Constitution  pro- 
hibits forced  labor,  there  were  creoible  reports  of  forced  labor  in  manyparts  of  the 
country.  The  Catholic  Church-affiliated  Pastoral  Land  Commission  (CPT)  continued 
to  report  cases  of  forced  labor  in  various  states.  In  1996  the  CPT  reported  21  cases 
of  forced  labor,  involving  a  total  of  26,047  workers  in  8  states.  The  number  of  work- 
ers involved  represented  a  small  increase  over  the  25,193  reported  in  1995  and  a 
large  increase  over  the  19,940  reported  in  1994.  Forced  labor  is  common  on  farms 
producing  charcoal  for  use  in  the  iron  foundries,  steel  mills,  and  in  the  sugar  indus- 
try (see  also  Section  6.d.). 

Federal  authorities  admit  that  enforcement  resources  are  inadequate  and,  as  a  re- 
sult, state  and  federal  officers  have  been  unable  generally  to  conduct  timely  inves- 
tigations of  compulsory  labor,  although  their  recora  is  improving. 

Local  police  acknowledge  that  overseers  or  owners  of  many  farms  withhold  pay 
from  migrant  laborers  and  use  force  to  retain  and  intimidate  them,  but  such  viola- 
tions fall  within  the  jurisdiction  of  the  federal  Ministry  of  Labor,  which  has  3,000 
inspectors  for  the  entire  country.  Because  of  its  limited  resources,  the  Ministry  gen- 
erally investigates  only  those  cases  for  which  it  has  received  a  complaint.  In  an  ef- 
fort to  combat  forced  labor,  the  CUT  initiated  a  24-hour  hot  line  with  a  toll  free 
number  for  reporting  instances  of  forced  labor. 

The  law  prohibits  forced  and  bonded  labor  by  children,  but  it  is  not  adequately 
enforced.  Labor  organizations  allege  that  in  mining  and  the  rural  economy  thou- 
sands of  workers,  including  minors,  are  hired  on  the  basis  of  false  promises,  sub- 
jected to  debt  bondage,  with  violence  used  to  retain  or  punish  workers  who  attempt 
to  escape  (also  see  Section  6.d.).  The  Government's  interagency  task  force  deploys 
federal  law  enforcement  officers  to  combat  forced  labor.  The  CPT  has  noted  that  the 
task  force's  effectiveness  is  sometimes  hampered  by  its  inability  to  arrive  in  an  area 
without  advance  warning  and  by  the  often  spotty  collaboration  of  the  federal  police. 
The  people  responsible  for  exploiting  forced  labor  usually  go  unpunished  because 
freed  workers  are  often  afraid  to  testify  against  those  who  recruited  and  oversaw 
them,  and  because  the  authorities  have  found  it  difficult  to  identify  and  locate  the 
owners  of  farms  or  businesses  that  exploit  forced  labor. 

The  Labor  Ministry  decreed  in  1995  that  farms  caught  a  second  time  using  forced 
labor  would  be  seized  and  used  to  settle  landless  families  as  part  of  the  Federal 
Government's  agrarian  reform  program.  The  authority  was  used  when  220  laborers 
were  freed  at  the  Fazenda  Flor  da  Mata  in  Para  and  the  farm  was  turned  over  to 
the  land  reform  agency  to  resettle  landless  families. 


442 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 

Srohibits  forced  and  bonded  labor  by  children,  but  enTorcement  varies  considerably 
epending  on  location  (see  Section  6.c).  Schooling  is  free  and  compulsory  for  the  first 
six  grades.  Most  children  remain  in  school  until  at  least  age  14.  Tne  minimum 
working  age  under  the  Constitution  is  14  years,  except  for  apprentices.  The  Govern- 
ment announced  in  June  that  it  would  raise  the  minimum  working  age  to  15. 
Judges  can  authorize  employment  for  children  under  14  years  of  age  when  they  feel 
it  appropriate.  The  law  requires  permission  of  the  parents  or  guardians  for  minors 
to  work,  and  they  must  attend  scnool  through  the  primary  grades.  The  law  bars  all 
minors  from  night  work,  work  that  constitutes  a  physical  strain,  and  employment 
in  unhealthful,  dangerous,  or  morally  harmful  conditions.  The  Government  esti- 
mates, however,  that  60,000  children  work  in  unhealthful  conditions.  The  authori- 
ties rarely  enforce  legal  restrictions  intended  to  protect  working  minors  under  the 
age  of  18,  however,  and  the  problem  is  serious. 

Despite  these  legal  restrictions,  official  figures  state  that  nearly  3.8  million  chil- 
dren under  age  14  were  employed,  accounting  for  4.6  percent  of  the  work  force. 
Many  children  work  alongside  their  parents  in  cane  fields,  cutting  hemp,  or  feeding 
wood  into  charcoal  ovens;  frequent  accidents,  unhealthy  working  conditions,  and 
squalor  are  common  in  these  cases. 

Enforcement  of  restrictions  is  limited  by  the  small  number  of  inspectors  available. 
Inspection  suffers  from  a  lack  of  resources  and,  as  with  forced  labor,  inspectors  gen- 
erally act  on  the  basis  of  complaints  and  tips  concerning  the  use  of  child  labor. 
When  inspections  do  take  place,  however,  tney  are  effective.  Employers  illegally 
using  child  labor  have  been  fined  heavily  for  their  offenses. 

Sugar  cane  growers  illegally  employ  children  and  adolescents  ranging  in  age  from 
7  to  17  years  of  age,  many  cutting  cane  with  machetes.  In  September  1996,  the 
Labor  Ministry  created  a  special  fund  supported  by  a  percentage  of  income  from  the 
production  of  sugar  cane,  alcohol,  and  sugar,  which  is  used  to  combat  child  labor 
in  cane  cultivation.  The  charcoal  industry,  hemp  cultivators  in  the  northeast,  and 
orange  growers  have  all  used  illegal  child  labor.  Children  also  perform  various  tasks 
in  the  mining  and  logging  industries  in  the  Amazon  region.  In  addition,  although 
strenuous  efforts  have  been  made  to  eliminate  it,  there  is  still  some  child  labor  in 
the  shoe  industry. 

The  private  sector,  and  particularly  the  Toy  Manufacturers  Foundation  for  Chil- 
dren's Rights  (ABRINQ),  have  been  active  in  trying  to  remedy  many  of  these  abuses. 
The  ABRINQ  reached  an  agreement  with  the  Sao  Paulo  state  sugar  producers  to 
cease  using  child  labor.  In  addition,  the  ABRINQ  persuaded  Abecitrus,  the  citrus 
export  organization,  to  agree  to  remove  child  labor  from  its  operations.  Because  of 
ABRINQ's  efforts,  Volkswagen  and  General  Motors,  as  well  as  other  automakers, 
are  studying  the  role  of  child  labor  in  the  production  of  auto  parts.  Both  Volkswagen 
and  GM  have  agreed  to  remove  child  labor  from  their  own  operations.  The  govern- 
ment is  reviewing  an  ABRINQ  proposal  to  create  a  quadripartite  group  coordinated 
by  the  ILO  and  UNICEF  with  representatives  from  government,  business,  labor  and 
In  go's  to  investigate  and  eliminate  cases  of  child  labor. 

ABRINQ's  efforts  have  been  particularly  distinguished  by  the  foundation's  empha- 
sis not  just  on  ending  child  labor,  but  in  putting  the  children  into  good-quality 
schools.  Shoe  manufacturers  in  the  city  oi  Franca  have,  with  the  help  of  the 
ABRINQ,  eliminated  child  labor  there  and  enhanced  the  educational  opportunities 
for  children  who  were  formerly  employed.  Following  a  pilot  project  in  1996,  the  state 
government  of  Mato  Grosso  do  Sul  instituted  an  innovative  program  designed  to 
eliminate  child  labor  in  the  charcoal  industry  and  the  shoe  industry.  The  state  of- 
fered scholarships  to  the  families  of  working  children  on  the  condition  that  they  stop 
working  and  attend  school.  The  program  is  oeing  expanded  to  five  other  states. 

On  October  7,  the  Sao  Paulo  state  government  promulgated  a  law  that  prohibits 
the  state  from  using  contractors  who  exploit  child  labor. 

e.  Acceptable  Conditions  of  Work. — The  official  minimum  wage  is  120  reals  ($110) 
per  month.  It  is  not  sufficient  to  provide  a  decent  standard  of  living  for  a  worker 
and  family.  The  Interunion  Department  for  Socioeconomic  Studies  and  Statistics  es- 
timated that  the  minimum  wage  is  slightly  more  than  one-fourth  that  necessary  to 
support  a  family  of  four  (the  standard  set  by  the  Constitution).  Many  workers,  par- 
ticularly outside  the  regulated  economy  and  in  the  northeast,  reportedly  earn  less 
than  the  minimum  wage. 

The  Constitution  limits  the  workweek  to  44  hours  and  specifies  a  weekly  rest  pe- 
riod of  24  consecutive  hours,  preferably  on  Sundays.  The  Constitution  expanded  pay 
and  fringe  benefits  and  estaolished  new  protection  for  agricultural  and  domestic 
workers,  although  not  all  of  these  provisions  are  enforced.  All  workers  in  the  formal 
sector  receive  overtime  pay  for  work  beyond  44  hours,  and  there  are  prohibitions 
against  excessive  use  of  overtime. 


443 

Unsafe  working  conditions  are  prevalent  throughout  the  country.  The  Ministry  of 
Labor  sets  occupational,  health,  and  safety  standards,  but  its  resources  are 
insuflicent  for  adequate  inspection  and  enforcement  of  these  standards.  There  were 
also  credible  reports  of  corruption  within  the  enforcement  system.  If  a  worker  has 
a  problem  in  the  workplace  and  has  trouble  getting  relief  directly  from  his  employer, 
the  worker  or  union  can  file  a  claim  with  the  regional  labor  court,  although  in  prac- 
tice this  is  frequently  a  cumbersome,  protracted  process. 

The  law  requires  employers  to  establish  internal  committees  for  accident  preven- 
tion in  workplaces.  It  also  protects  employee  members  of  these  committees  from 
being  fired  for  their  activities.  Such  firings,  however,  do  occur,  and  legal  recourse 
usumly  requires  years  for  resolution.  While  an  individual  worker  does  not  have  the 
legal  right  to  depart  a  workplace  when  faced  with  hazardous  conditions,  workers 
may  express  such  concerns  to  the  internal  conunittee,  which  would  conduct  an  im- 
mediate investigation. 


CHILE 


Chile  is  a  multiparty  democracy  with  a  constitution  that  provides  for  a  strong  ex- 
ecutive, a  bicameral  legislature,  and  an  independent  judiciary.  Approved  by  referen- 
dum in  1980  and  amended  in  1989,  the  Constitution  was  written  under  the  former 
military  government  and  establishes  institutional  limits  on  popular  rule.  President 
Eduardo  Frei,  a  Christian  Democrat,  began  his  6-year  term  in  1994.  The  National 
Congress  comprises  120  deputies  and  47  senators.  The  government  coalition  of  six 
parties  holds  a  majority  in  the  lower  house.  An  opposition  coalition,  together  with 
several  independent  and  eight  appointed  senators,  controls  the  upper  chamber. 
Under  the  Constitution,  former  president  General  Augusto  Pinochet  must  retire 
from  the  army  by  March  11,  1998.  He  may  then  assume  his  lifetime  seat  in  the  Sen- 
ate, which  he  has  announced  he  would  do.  General  Pinochet's  appointees  continue 
to  influence  the  constitutionally  independent  judicial  branch.  However,  turnover  in 
the  courts  has  led  to  a  significant  diminution  of  that  influence. 

The  armed  forces  are  constitutionally  subordinate  to  the  President  through  an  ap- 
pointed Minister  of  Defense  but  enjoy  a  large  degree  of  legal  autonomy.  Most  nota- 
bly, the  President  must  have  the  concurrence  of  the  National  Security  Council, 
which  comprises  military  and  civilian  officials,  to  remove  service  chiefs.  The 
Carabineros  (the  uniformed  national  police)  have  primary  responsibility  for  public 
order  and  safety  and  border  security.  The  civilian  Investigations  Police  are  respon- 
sible for  criminal  investigations  and  immigration  controH  Both  organizations — al- 
though formally  under  the  jurisdiction  of  the  Ministry  of  Defense,  which  determines 
their  budgets — are  under  operational  control  of  the  Ministry  of  Interior.  Some  al- 
leged perpetrators  of  human  rights  abuses  during  the  military  regime  remain  on  ac- 
tive duty  in  the  army.  The  security  forces  committed  a  number  of  human  rights 
abuses. 

The  export-led,  free-market  economy  exp)erienced  its  14th  consecutive  year  of  ex- 
pansion. The  most  important  export  remained  copper;  salmon,  forestry  products, 
fresh  fruit,  fish  meal,  and  manufactured  goods  were  also  significant  sources  of  for- 
eign exchange.  Gross  domestic  product  grew  at  a  7.2  percent  rate,  unemployment 
increased  slightly  to  6.5  percent,  and  inflation  fell  to  6.6  percent.  From  1987  to 
1997,  the  percentage  of  the  population  living  below  the  poverty  line  decreased  from 
45  to  23  percent,  according  to  a  government  study  released  in  July.  Annual  per  cap- 
itagross  domestic  product  rose  to  $5,000  in  1996. 

The  Government  generally  respected  its  citizens'  human  rights.  However,  there 
continued  to  be  some  problem  areas.  The  most  serious  cases  involved  allegations  of 
torture,  brutality,  and  use  of  excessive  force  by  the  police.  There  continued  to  be  re- 
ports of  physical  abuse  in  jails  and  prisons.  Discrimination  and  violence  against 
women  and  violence  against  children  are  problems.  Many  indigenous  people  remain 
marginalized. 

Almost  all  other  human  rights  concerns  are  related  to  abuses  during  the  former 
military  government,  primarily  between  1973  and  1978.  Efforts  to  bring  abusers  to 
justice  in  cases  dating  back  to  the  early  years  of  the  military  government  are  lim- 
ited by  the  conflicting  demands  for  ju.stice  and  for  national  reconciliation.  Military 
authorities  continued  to  resist  disclosing  abuses  from  the  past.  In  particular,  the 
courts  continued  to  struggle  with  the  application  of  the  1978  Amnesty  Law  to  cases 
that  occurred  during  the  first  5  years  of  military  rule.  Over  the  past  3  years,  the 
Government  and  opposition  parties  debated  various  proposals  that  would  effectively 
close  all  cases  covered  by  the  Amnesty  Law  that  are  still  under  judicial  investiga- 


444 

tion.  These  efforts  have  largely  stalled,  and  the  judicial  system  continues  to  inves- 
tigate and  close  pending  human  rights  cases. 

RESPECT  FOR  HUMAN  RIGHTS 
Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings. 

On  Chiloe  Island,  the  authorities  suspended  two  Carabineros  from  duty  pending 
a  determination  of  their  role  in  the  September  14  beating  death  of  Ramon  Ruiz 
MansiUa. 

Pedro  Soto  Tapia,  a  19-year-old  military  conscript,  disappeared  from  his  regiment 
at  San  Felipe  on  December  15,  1996,  after  having  repeatedly  written  letters  to  his 
family  describing  mistreatment  at  the  hands  of  his  superior  officers.  On  March  15, 
his  remains  were  found  in  a  cave  in  San  Felipe,  accompanied  by  what  was  purport- 
edly a  suicide  note.  The  Valparaiso  Court  of  Appeals  closed  the  case  on  August  18 
without  the  cause  or  circumstances  of  Soto's  death  having  been  established.  In  Sep- 
tember Soto's  mother  succeeded  in  having  the  case  reopened;  the  family's  attorneys, 
assisted  by  the  Committee  for  the  Defense  of  People's  Rights  (CODEPU),  seek  to 
prove  that  Soto's  death  was  a  homicide. 

The  Grovemment  is  seeking  the  extradition  from  Switzerland  of  a  terrorist  who 
escaped  from  prison  in  December  1996;  he  was  convicted  of  killing  a  police  officer 
(see  Section  I.e.) 

In  January  the  family  of  Carmelo  Soria  Espinoza,  a  Spanish  employee  of  the  Unit- 
ed Nations  who  was  kidnaped  and  murdered  in  1976,  announced  its  intention  to 
pursue  a  denial  of  justice  claim  before  the  Inter-American  Commission  on  Human 
nights  (lACHR).  (Other  denial  of  justice  claims  involving  execution  cases  also  are 
pending  (see  Section  l.b.)  The  Chilean  Supreme  Court  nad  suspended  the  Soria 
murder  case  in  June  1996  by  invoking  Chile's  amnesty  law;  subsequent  impeach- 
ment motions  against  four  Supreme  Court  justices  failed  in  the  lower  house  of  Con- 
gress. Proceedings  against  General  Augusto  Pinochet  continue  to  move  forward  in 
a  Spanish  court  for  nis  alleged  responsibility  in  Soria's  death  as  well  as  those  of 
the  priests  Joan  Alsina  and  Antonio  Llido.  In  November  President  Frei  decided  not 
to  approve  the  promotion  to  brigadier  general  of  former  intelligence  ofiicer  Jaime 
Lepe  Orellana,  who  was  reportedly  involved  in  the  murder  of  Soria. 

During  the  year,  a  Spanish  court  began  collecting  witnesses'  statements  and  docu- 
mentary evidence  attesting  to  other  human  rights  violations  committed  by  Chilean 
officials  against  Spanish  citizens  between  1973  and  1990,  including  crimes  allegedly 
ordered  by  then-President  Pinochet.  Regardless  of  whether  a  person  benefits  from 
amnesty  provisions  in  Chile,  the  court  seeks  to  try  in  Spain  those  former  officials 
who  are  suspected  of  having  murdered,  tortured,  or  to  be  responsible  for  the  dis- 
appearance of  Spanish  citizens.  However,  Chile  does  not  extradite  its  nationals. 

Former  Chilean  intelligence  agent  Enrique  Arancibia  Clavel  continued  to  be  de- 
tained in  Argentina  for  his  alleged  involvement  in  the  1974  assassination  in  Buenos 
Aires  of  former  Chilean  army  chief  Carlos  Prats  and  his  wife  Sofia  Cuthbert.  Prats 
was  the  army  commander  under  President  Salvador  Allende  and  was  succeeded  by 
General  Pinochet  in  August  1973.  Prats  left  Chile  for  Argentina  several  days  after 
the  coup  against  Allende.  The  case  was  reopened  in  1992  as  a  result  of  a  petition 
filed  by  the  Prats  family  containing  new  evidence.  The  Government  of  Chile  has 
agreed  to  be  a  coplaintifi  in  the  Argentine  trial  of  Arancibia. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
The  major  human  rights  controversy  involved  past  disappearances  and  efforts  by 

political  forces  and  the  Government  to  reinterpret  the  1978  Amnesty  Law  in  such 
a  way  as  to  achieve  both  justice  and  national  reconciliation.  As  interpreted  under 
the  so-called  Aylwin  Doctrine  (named  after  former  president  Patricio  Aylwin),  the 
courts  should  not  close  a  case  involving  a  disappearance  until  either  the  body  is 
found  or  credible  evidence  is  provided  to  indicate  that  an  individual  is  dead.  This 
could  affect  up  to  542  cases,  which  cover  about  1,100  persons  still  classified  as  "de- 
tained or  missing"  from  the  early  years  of  the  military  regime.  However,  application 
of  the  Aylwin  Doctrine  has  been  uneven,  as  some  courts  continue  the  previous  prac- 
tice of  applying  the  1978  amnesty  to  disappearances  without  conducting  an  inves- 
tigation to  identify  the  perpetrators.  According  to  an  Amnesty  International  report 
released  in  June,  civilian  and  military  courts  closed  21  disappearance  cases  in  1996. 
During  the  first  half  of  1997,  the  courts  closed  8  cases  through  application  of  the 
Amnesty  Law;  kept  more  than  150  cases  active;  and  temporarily  closed  approxi- 
mately 350  cases,  subject  to  being  reopened. 

In  July  Amnesty  International  reported  death  threats  the  previous  month  against 
Mariana  Guzman  Nunez,  Sola  Sierra,  and  Viviana  Diaz  (Jaro  of  the  nongovem- 


445 

mental  human  rights  group  Association  of  Relatives  of  Disappeared  Prisoners;  Ms. 
Sierra  is  the  Association's  President. 

The  Social  Aid  Foundation  of  Christian  Churches  (FASIC),  the  CODEPU,  and 
other  human  ridits  organizations  have  a  total  of  31  denial  of  justice  cases  pending 
before  the  lACKR  regarding  previously  closed  disappearance  and  execution  cases. 
Eight  cases  have  been  filed  before  the  United  Nations  Committee  on  Human  Rights. 
In  March  the  lACHR  ruled  that  four  previously  closed  disappearance  cases  that  had 
been  appealed  to  the  Commission  should  be  reopened. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  forbids  "the  use  of  illegal  pressure '  on  detainees,  but  CODEPU 
has  received  reports  of  instances  of  mistreatment  and  abuse  by  both  the 
Garabineros  and  the  Investigations  Police.  When  requested  by  other  human  rights 
organizations  or  family  members,  CODEPU  lawyers  visit  detainees  during  their  in- 
terrogation (see  Section  l.d.)  and  represent  many  suspected  terrorists  in  court.  The 
CODEPU  continues  to  investigate  alleged  use  of  excessive  force  against  detainees. 
The  Minister  of  Interior  normally  asks  the  courts  to  conduct  independent  investiga- 
tions of  credible  complaints  of  police  abuse,  but  such  investigations  rarely  result  in 
arrests,  due  in  part  to  the  reluctance  of  judges  to  pursue  the  issue  vigorously.  The 
courts  convictecl  and  sentenced  only  four  police  officials  for  committing  acts  of  vio- 
lence against  detainees. 

According  to  a  report  released  by  Amnesty  International  in  June,  governmental 
organizations  notified  the  national  police  of  more  than  20  cases  of  torture  and  mal- 
treatment by  the  police  in  1996. 

According  to  a  special  1996  United  Nations  report,  while  considerable  progress 
had  been  made  since  the  return  to  civilian  rule  m  1990,  acts  of  torture  still  con- 
tinue. A  1996  study  by  Diego  Portales  University  indicated  that  71  percent  of  de- 
tainees interrogated  had  sufTered  some  form  of  mistreatment.  U.N.  Special 
Rapporteur  on  Torture  Nigel  Rodley  concluded  that,  although  abuses  are  not  sys- 
temic, the  Government  has  taken  insufiicient  action  to  ensure  that  the  activities  of 
the  national  police  are  in  accord  with  the  law.  He  recommended  that  the  national 
police  be  entirely  subordinated  to  the  Ministry  of  Interior. 

In  August  attorneys  for  Carmen  Gloria  Quintana  appealed  efforts  by  the  Govern- 
ment to  set  aside  an  award  of  approximately  $600,000  in  compensation  that  the 
lACHR  had  recommended  for  Quintana  in  1988.  Army  Captain  Pedro  Fernandez 
Dittus  set  fire  to  Quintana  and  her  companion  Rodrigo  Rojas  Denegri  while  they 
were  participating  in  a  protest  against  tne  military  regime  in  1986.  Rojas  died  4 
days  later,  while  Quintana  survived  with  severe  and  disfiguring  injuries. 

Prisons  are  overcrowded  and  antiquated,  but  the  conditions  are  not  life  threaten- 
ing. Food  meets  minimal  nutritional  needs,  and  prisoners  may  supplement  the  diet 
by  buying  food.  Those  with  sufficient  funds  can  often  rent  space  in  a  better  wing 
of  the  prison.  Prison  guards  have  been  accused  of  using  excessive  force  to  stop  at- 
tempted prison  breaJcs.  Although  most  reports  state  that  the  guards  generally  be- 
have responsibly  and  do  not  mistreat  prisoners,  several  prisoners  have  complained 
of  beatings.  There  are  about  300  minors  in  adult  prisons  (see  Section  5). 

The  maximum  security  prison  houses  approximately  75  prisoners,  most  of  them 
charged  with  or  convicted  of  terrorism.  Prisoners  continue  to  complain  thai  strict 
security  measures,  prohibition  of  visitors,  hidden  cameras,  and  rigid  regulations  vio- 
late their  rights.  In  1996  the  president  of  the  Santiago  Court  of  Appeals  confirmed 
the  existence  of  listening  devices  in  prison  cells.  In  response,  the  Minister  of  Justice 
confirmed  that  microphones  were  present  but  said  that  they  were  never  used. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  allows  civilian  and  mili- 
tary courts  to  order  detention  for  up  to  5  days  without  arraignment  and  to  extend 
the  detention  of  suspected  terrorists  for  up  to  10  days.  The  law  affords  detainees 
30  minutes  of  immediate  and  subsequent  daily  access  to  a  lawyer  (in  the  presence 
of  a  prison  guard)  and  to  a  doctor  to  verify  their  physical  condition.  The  law  does 
not  permit  a  judge  to  deny  such  access;  police  authorities  generally  observe  these 
requirements. 

As  of  September,  5  percent  of  the  general  prison  population  of  approximately 
24,(X)0  were  under  investigation  but  not  charged  with  a  crime;  44  percent  were 
charged  with  an  offense  and  were  awaiting  trial  or  had  been  convicted  and  were 
awaiting  sentencing;  and  51  percent  were  serving  sentences. 

The  police  have  the  authority  to  make  arrests  based  on  suspicion,  which  is  applied 
particularly  to  youths  in  high  crime  areas  late  at  night.  In  practice,  many  detainees 
are  not  promptly  advised  of  charges  against  them,  nor  are  they  granted  a  speedy 
hearing  before  a  judge.  The  Constitution  provides  for  the  right  to  legal  counsel,  but 
this  is  a  reality  only  for  those  who  can  aftord  to  pay.  The  poor,  who  account  for  the 
majority  of  cases,  may  be  represented  by  law  students  doing  practical  training  (who 


446 

are  often  overworked)  or  on  occasion  by  a  court-appointed  lawyer.  Arrest  procedures 
do  not  require  police  to  allow  detainees  to  telephone  relatives  or  a  lawyer.  The  Con- 
stitution allows  judges  to  set  bail. 

Law  enforcement  authorities  more  frequently  informed  foreign  embassies  when 
their  nationals  were  arrested,  but  occasional  lapses  still  occurred. 

There  were  no  cases  of  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  calls  for  a  judicial  system  inde- 

f>endent  of  the  other  branches  of  government.  Although  the  judiciary,  and  particu- 
arly  the  Supreme  Court,  has  been  dominated  by  appointees  of  the  former  military 
regime,  the  passage  of  time  is  changing  this  legacy. 

Cases  decided  in  the  lower  courts  can  be  referred  to  appeals  courts  and  ultimately 
to  the  Supreme  Court.  Criminal  court  judges  are  appointed  for  life;  the  President 
makes  appointments  to  the  Supreme  Court  and  the  appeals  courts  from  lists  pre- 
pared by  the  Supreme  Court.  Of  the  16  justices  on  the  Supreme  Court,  7  have  been 
appointed  since  the  end  of  the  military  regime.  The  Supreme  Court  continues  to 
work  with  the  other  branches  of  government  on  broad  judicial  reform. 

In  September  President  Frei  signed  the  Judicial  Reform  Law,  creating  an  Attor- 
ney General  and  related  ministry  that  are  expected  to  be  in  full  operation  by  2003. 
The  new  law  provides  that  national  and  regional  prosecutors  investigate  crimes  and 
formulate  charges,  leaving  judges  and  magistrates  the  narrower  function  of  judging 
the  merits  of  evidence  presented  before  them. 

The  jurisdiction  of  military  tribunals  is  limited  to  cases  involving  military  person- 
nel. If  formal  charges  are  filed  in  civilian  courts  against  a  member  of  the  military, 
including  the  national  police,  the  military  prosecutor  asks  for,  and  the  Supreme 
Court  normally  grants,  military  jurisdiction.  This  is  of  particular  consequence  in  the 
human  rights  cases  dating  from  1973  to  1978,  the  period  covered  by  the  1978  Am- 
nesty Law.  In  addition,  military  courts  have  the  authority  to  charge  and  try  civil- 
ians for  defamation  of  military  personnel  and  for  sedition,  but  their  rulings  can  be 
appealed  to  the  Supreme  Court. 

Based  on  the  Napoleonic  Code,  the  judicial  system  does  not  provide  for  trial  by 
jury,  nor  does  it  assume  innocence  until  proven  otherwise.  Criminal  proceedings  are 
inquisitorial  rather  than  adversarial.  The  Constitution  provides  for  the  right  to  legal 
counsel,  but  the  poor  do  not  always  get  effective  legal  representation  (see  Section 
l.d.). 

Four  ringleaders  of  the  terrorist  Manuel  Rodriguez  Patriotic  Front  (FPMR)  broke 
out  of  Santiago's  maximum-security  prison  on  December  30,  1996,  in  an  elaborately 
orchestrated  escape  via  helicopter.  In  early  September,  one  of  the  escapees,  Patricio 
Ortiz  Montenegro,  requested  political  asylum  in  Switzerland,  claiming  he  could  not 
obtain  justice  in  Chile.  (In  June  1995,  a  military  court  convicted  Ortiz  of  the  1991 
murder  of  a  police  officer  and  sentenced  him  to  a  10-year  prison  term.)  Chilean  au- 
thorities are  seeking  Ortiz'  extradition  from  Switzerland,  where  he  was  detained  at 
year's  end. 

There  were  no  reports  of  political  prisoners,  although  among  the  approximately 
75  inmates  in  Santiago's  maximum-security  prison,  those  who  have  been  convicted 
of  terrorist  acts  routinely  claim  to  be  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices,  government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  effective  legal  sanctions.  A  1995  pri- 
vacy law  bars  obtaining  information  by  undisclosed  taping,  telephone  intercepts, 
and  other  surreptitious  means,  as  well  as  the  dissemination  of  such  information,  ex- 
cept by  judicial  order  in  narcotics-related  cases. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  authorities  generally  respect  these  rights  in  practice.  The 
press  maintains  its  independence,  criticizes  the  Government,  and  covers  issues  sen- 
sitive to  the  military,  including  human  rights. 

The  print  and  electronic  media  are  largely  independent  of  government  control. 
The  State  is  majority  owner  of  La  Nacion  newspaper,  but  it  is  editorially  independ- 
ent. However,  La  Nacion's  editorial  policy  rarely  disagrees  with  government  policy. 
The  Television  Nacional  network  is  state-owned  but  not  under  direct  government 
control.  It  receives  no  government  subsidy  and  is  self-financing  through  conunercial 
advertising.  It  is  editorially  independent  and  is  governed  by  a  board  of  directors 
that,  although  politically  appointed,  encourages  the  expression  of  varied  opinions 
over  the  network. 

It  is  a  criminal  offense  to  besmirch  the  honor  of  state  institutions  and  symbols, 
such  as  the  Congress,  the  military  services,  the  Hag,  and  the  President.  Military 


447 

courts  have  the  authority  to  charge  and  try  civilians  for  defamation  of  mihtary  per- 
sonnel and  for  sedition,  but  their  rulings  can  be  appealed  to  the  Supreme  Court. 

In  December  1996,  Congress  passed  a  privacy  law  that  set  penalties  for  those  who 
infringe  on  the  private  and  public  life  of  individuals  and  their  families.  At  the  time 
of  the  law's  passage,  journalists  argued  vigorously  that  applying  it  to  media  report- 
ing would  have  a  chilling  effect  on  freedom  of  the  press.  To  date,  this  privacy  law 
has  not  been  applied  to  the  media,  although  there  have  been  unsuccessftil  attempts 
to  incorporate  similar  language  and  penalties  into  a  draft  press  law.  The  proposed 
legislation  was  first  introduced  to  Congress  by  the  Aylwin  government  in  July  1993. 
As  introduced,  the  bill's  intent  was  to  codify  media  rights  and  to  replace  the  out- 
moded 1968  Abuses  of  Publicity  Law  still  in  force. 

The  1980  Constitution  established  a  Film  Classification  Council  (CCC),  with  the 
power  of  prior  censorship.  The  Council  has  banned  52  films  and  nearly  700  videos. 
In  November  1996,  the  Council  lifted  its  1989  ban  on  the  film  "The  Last  Temptation 
of  Christ."  However,  Chile's  Future,  a  conservative  organization  supported  by  the 
Catholic  Church,  challenged  the  CCC  decision  in  a  court  of  appeals  and  obtained 
a  temporary  restraining  order  prohibiting  the  film's  showing.  In  June  the  Supreme 
Court  upheld  the  ban.  The  authorities  subsequently  arrested  three  people  in  Punta 
Arenas  for  organizing  a  public  viewing  of  the  film.  The  Government  expressed  dis- 
appointment at  the  Supreme  Court's  ruling  and  is  attempting  to  abolish  the  CCC 
through  constitutional  reform. 

The  National  Television  Council  (CNT),  created  by  legislation  in  1989  and  sup- 
ported with  government  funding,  is  charged  with  assuring  that  television  program- 
ming "respects  the  moral  and  cultural  values  of  the  nation."  The  CNT's  principal 
role  is  to  regulate  both  broadcast  and  cable  television  programming  content  based 
on  violence  and  sexual  explicitness.  Films  and  other  programs  judged  by  the  CNT 
to  be  excessively  violent  or  to  have  obscene  language  or  sexually  explicit  scenes  can 
be  shown  only  after  10  p.m.  when  the  "family  viewing  hours"  end.  In  practice,  the 
ever-increasing  volume  of  programming  makes  the  CNT's  job  all  but  impossible.  The 
CNT  issues  occasional  warnings  to  networks  and  sometimes  obliges  them  to  post- 
pone the  showing  of  certain  films  until  after  10  p.m.  Debate  continues  over  the 
CNTs  role. 

The  courts  rarely  prohibit  media  coverage  of  cases  in  progress.  In  June  lower 
court  judge  Beatriz  Pedrals  imposed  a  3-month  restraining  order  against  media  re- 
porting on  the  investigation  of  official  protection  and  money  laundering  against  Car- 
los Mario  Leiva.  However,  the  Court  of  Appeals  overturned  the  restraining  order, 
ruling  that  the  Constitution's  protection  of  freedom  of  speech  superseded  the  1968 
Abuses  of  Publicity  Law  under  which  the  ban  was  invoked. 

The  Government  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  All  denominations  practice  their  faiths 
without  restriction.  Although  church  and  State  are  officially  separate,  the  Roman 
Catholic  Church  receives  official  preferential  treatment.  Chile's  1-2  million  Protes- 
tants assert  that  the  Government  discriminates  against  them,  based  upon  differing 
legal  status  afforded  to  non-Catholics.  They  cite  the  absence  of  Protestant  armed 
forces  chaplains,  difiiculties  for  pastors  to  visit  military  hospitals,  and  the  predomi- 
nantly Catholic  religious  education  in  public  schools.  To  remedy  this  situation,  the 
lower  house  of  Congress  unanimously  approved  a  bill  to  afford  greater  legal  equality 
among  all  churches,  but  a  Senate  committee  postponed  further  discussion  on  it  until 
the  new  Congress  convenes  in  March  1998.  A  1995  Santiago  municipal  ordinance 
making  it  illegal  to  cause  disturbances  in  the  streets  has  been  interpreted  by  some 
evangelical  groups  as  designed  to  prevent  them  from  proselytizing  and  preaching  in 
public;  however,  there  were  no  known  cases  of  the  law  being  enforced  in  this  man- 
ner. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  gen- 
erally respects  them  in  practice.  For  minor  children  to  leave  the  country,  either 
alone  or  with  only  one  of  their  parents,  they  must  have  notarized  permission  from 
both  parents. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees.  The  issue  of  the 
provision  of  first  asylum  has  not  arisen.  There  were  no  reports  of  forced  return  of 
persons  to  a  country  where  they  feared  persecution. 


448 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Chile  is  a  constitutional  democracy,  and  citizens  have  the  right  to  change  their 
government  through  periodic  elections.  There  is  universal  suffrage  for  citizens  18 
years  of  age  and  over.  The  Government  still  operates  under  some  political  restraints 
that  were  imposed  by  the  previous  regime.  Under  the  1980  Constitution,  various  na- 
tional institutions — including  the  President,  the  Supreme  Court,  and  the  armed 
forces-dominated  National  {Security  Council — appoint  an  additional  nine  senators 
(beyond  those  elected)  to  8-year  terms.  The  terms  of  these  Senators,  appointed  by 
then-President  Pinochet,  expired  in  1997.  Nine  newly  appointed  institutional  sen- 
ators are  to  take  their  seats  in  March  1998,  as  will  former  President  Pinochet.  The 
legislative  branch,  with  the  exception  of  the  institutional  senators,  is  freely  elected 
and  independent  from  the  executive  branch. 

The  former  military  government  wrote  the  1980  Constitution  and  amended  it 
slightly  in  1989  after  losing  a  referendum  on  whether  General  Pinochet  should  stav 
in  office  as  president.  It  provides  for  a  strong  presidency  and  a  legislative  brancn 
with  limited  powers.  In  addition,  it  includes  provisions  designed  to  protect  the  inter- 
ests of  the  military  and  the  rightwing  political  opposition.  These  provisions  include 
limitations  on  the  President's  right  to  remove  military  service  chiefs,  including  chief 
of  the  army  (the  position  General  Pinochet  can  hold  until  March  11,  1998);  an  elec- 
toral system  that  gives  the  second-place  party  (or  coalition)  in  each  district  dis- 
proportionate representation  in  Congress;  and  the  provision  for  nonelected  institu- 
tional senators.  The  Government  has  pledged  to  amend  these  provisions,  which  it 
sees  as  "authoritarian  enclaves"  left  over  from  the  previous  regime;  the  opposition 
has  pledged  to  fight  to  retain  what  it  views  as  important  checks  and  balances  in 
the  system  of  government. 

Women  have  had  the  right  to  vote  in  municipal  elections  since  1934  and  in  na- 
tional elections  since  1949  and  are  active  in  political  life  at  the  grassroots  level. 
Women  make  up  a  majority  of  registered  voters  and  of  those  who  actually  cast  bal- 
lots, but  few  women  are  in  leadership  positions.  Fourteen  women  serve  among  the 
120  deputies,  2  women  were  in  the  46-seat  Senate  (including  one  of  the  appointed 
Senators)  and  3  of  21  cabinet  ministers  are  women.  The  level  of  female  participation 
in  government  is  not  increasing  markedly. 

The  over  1  million  indigenous  people  have  the  legal  right  to  participate  freely  in 
the  political  process,  although  relatively  few  are  politically  active.  Only  one  member 
of  Congress  is  of  indigenous  descent.  The  National  Corporation  for  Indigenous  De- 
velopment was  created  in  1994,  and  indigenous  people  directly  elected  representa- 
tives to  this  body  in  1995.  It  advises  and  directs  government  programs  that  assist 
the  economic  development  of  indigenous  people. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Chilean  Human  Rights  Commission,  a  nongovernmental  organization  (NGO), 
is  affiliated  with  the  International  League  of  Human  Rights  and  gathers  evidence 
of  police  abuses.  The  CODEPU  provides  legal  counsel  to  those  accused  of  politically 
related  crimes  and  to  victims  of  human  rights  abuses.  Local  NGO's  say  that  the 
(jovemment  cooperates  with  their  efforts  to  investigate  accusations  of  human  rights 
violations.  Many  international  NGO's  also  closely  follow  human  rights  issues. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equality  before  the  law,  but  it  does  not  specifically 
ban  discrimination  based  on  race,  sex,  religion,  or  social  status. 

Women. — The  public  is  only  beginning  to  appreciate  the  extent  of  physical  abuse 
of  women.  The  National  Women's  Service  (SERNAM),  created  in  1991  to  combat  dis- 
crimination against  women,  found  in  a  1996  study  of  more  than  12,000  reports  of 
domestic  violence  that  3  years  after  the  Law  on  Intra-Family  Violence  went  into  ef- 
fect, only  one  in  five  accusations  resulted  in  judicial  action.  The  study  indicated  that 
spouses  or  domestic  partners  were  responsible  for  88  percent  of  family  violence  and 
that  63  percent  of  the  reports  represented  physical  attacks.  The  study  showed  that 
in  nearly  three-quarters  of  reported  cases  of  domestic  violence,  the  accusation  led 
to  a  positive  change  in  the  domestic  situation  regardless  of  the  judicial  outcome. 
SERNAM  also  conducted  courses  on  the  legal,  medical,  and  psychological  aspects  of 
domestic  violence  for  police  officers  and  judicial  and  municipal  authorities. 

The  courts  may  order  counseling  for  those  involve  in  intrafamily  violence.  In  1996 
there  were  57,939  civil  court  cases  of  domestic  violence.  In  1994  (latest  data  avail- 
able) there  were  2,281  reported  cases  of  rape.  A  100-year-old  law  states  that  if  a 
rapist  ask  the  rape  victim  to  marry  him  and  she  accepts,  he  will  not  be  sentenced 


449 

for  the  crime,  although  it  remains  on  his  criminal  record.  SERNAM  is  working  to 
have  this  law  abolished. 

Legal  distinctions  between  the  sexes  still  exist,  despite  a  1989  decision  to  give 
precedence  over  national  laws  to  treaties  to  which  Chile  is  a  party.  The  law  permits 
legal  separation  but  not  divorce,  so  those  who  wish  to  remarry  must  seek  annul- 
ments. Since  annulment  implies  that  a  marriage  never  existed  under  the  law, 
former  spouses  are  left  with  little  recourse  for  financial  support.  Although  a  recent 
law  created  conjugal  property  as  an  option  in  a  marriage,  some  women  saw  this  as 
a  step  backward,  since  the  law  on  separate  property  (which  still  exists)  gives  women 
the  right  to  one-half  their  husbands'  assets  but  gives  husbands  no  right  to  assets 
of  a  wife.  In  the  face  of  heavy  opposition  from  the  Catholic  Church,  the  Chamber 
of  Deputies  approved  a  divorce  bill  in  September,  the  bill  was  awaiting  action  in 
the  Senate  atyear's  end. 

Another  SEHINAM  study  found  that  the  average  earnings  of  female  heads  of 
household  are  only  71  percent  of  those  of  male  heads  of  household.  Women  with  no 
schooling  averaged  a  salary  that  was  87  percent  of  that  of  their  male  counterparts 
without  schooling,  while  female  heads  of  household  with  university  training  aver- 
aged only  57  percent  as  much  as  their  male  contemporaries.  The  SERNAM  has  a 
pilot  program  providing  occupational  training  and  child  care  in  an  efTort  to  alleviate 
this  disparity. 

Children. — The  Government  provides  free  education  through  high  school;  edu- 
cation is  compulsory  from  first  to  eighth  grade.  A  1996  survey  by  the  National  Mi- 
nors Service  indicated  that  sexual  abuse  of  minors  occurs  but  that  few  cases  are  re- 
ported. A  September  1996  United  Nations  Children's  Fund  (UNICEF)  report  stated 
that  34  percent  of  children  under  12  years  of  age  experience  serious  physical  vio- 
lence, although  only  3.2  percent  of  the  victims  of  intra-family  violence  reported  to 
the  national  police  family  affairs  unit  were  below  the  age  of  18.  A  1994  Law  on 
Intra-Family  Violence  was  designed  in  part  to  deal  with  this  problem.  According  to 
UNICEF,  some  form  of  corporal  punishment  is  used  by  one  or  both  parents  in  62 
percent  of  households.  UNICEF  estimates  that  approximately  107,000  children  be- 
tween the  ages  of  12  and  19  are  in  the  work  force  (see  Section  6.d.). 

Investigations  of  child  abuse  within  Colonia  Dignidad,  a  secretive  German-speak- 
ing settlement  400  kilometers  south  of  Santiago,  received  widespread  publicity 
throughout  the  year.  The  34,000-acre  enclave  inhabited  by  350  colonists  is  domi- 
nated by  76-year-old  Paul  Schafer,  who  immigrated  from  Germany  in  1961  with  300 
followers.  After  allegations  by  a  number  of  local  teenage  boys  of  sexual  abuse  at  the 
hands  of  Schafer,  police  armed  with  a  search  warrant  as  well  as  a  warrant  for 
Schafer's  arrest  raided  the  compound  in  June,  but  at  year's  end  had  not  been  able 
to  apprehend  him  despite  continued  efforts. 

By  law  juvenile  offenders  (i.e.,  those  under  the  age  of  18)  are  segregated  from 
adult  prisoners.  The  Government  has  reduced  the  number  of  minors  in  adult  prisons 
from  6,630  in  1992  to  around  300  in  1996. 

People  With  Disabilities. — Congress  passed  a  law  in  1994  to  promote  the  integra- 
tion of  people  with  disabilities  into  society,  and  the  National  Fund  for  the  Handi- 
capped (FONDIS)  has  a  $1.5  million  budget.  The  1992  census  found  that  288,000 
citizens  said  that  they  had  some  form  of  oisability,  but  FONDIS  estimates  that  the 
actual  number  is  closer  to  1  million.  About  400,000  citizens  are  considered  mentally 
disabled.  The  disabled  still  suffer  some  forms  of  legal  discrimination;  for  example, 
blind  people  cannot  become  teachers  or  tutors.  Although  the  law  requires  that  new 
public  buildings  provide  access  for  the  disabled,  the  public  transportation  system 
does  not  make  provision  for  wheelchair  access,  and  a  new  subway  line  in  the 
Santiago  metropolitan  area  provides  no  facilitated  access  for  the  disabled. 

Indigenous  People. — Less  than  10  percent  of  the  population  is  classified  as  indige- 
nous. The  Mapucnes  from  the  south  comprise  over  90  percent  of  the  indigenous  pop- 
ulation, but  there  are  small  Aimara,  Atacameno,  Huilliche,  Rapa  Nui,  and 
Kawaskhar  populations  in  other  parts  of  the  country.  A  committee  composed  of  rep- 
resentatives of^  indigenous  groups  participated  in  drafting  the  1993  law  that  recog- 
nizes the  ethnic  diversity  oT  the  indigenous  population  and  gives  indigenous  people 
a  voice  in  decisions  affecting  their  lands,  cultures,  and  traditions.  It  provides  for 
eventual  bilingual  education  in  schools  with  indigenous  populations,  replacing  a 
statute  that  emphasized  assimilation  of  indigenous  people.  However,  out  of  the  pop- 
ulation that  identifies  itself  as  indigenous  (nearly  1  million,  according  to  the  1992 
census),  about  half  remain  separated  from  the  rest  of  society,  largely  because  of  his- 
torical, cultural,  educational,  and  geographical  factors.  In  practice,  the  ability  of  in- 
digenous people  to  participate  in  governmental  decisions  affecting  their  lands,  cul- 
tures, traditions,  and  the  allocation  of  natural  resources  is  marginal.  Indigenous 
people  also  experience  some  societal  discrimination. 


450 

National  I  Racial  I  Ethnic  Minorities. — Chile  assimilated  a  major  European  migra- 
tion in  the  last  century  and  a  major  Middle  Eastern  and  Croatian  migration  in  the 
early  part  of  this  century.  Smaller  racial  and  ethnic  minority  groups  (Chileans  of 
Asian  descent  and  African-Chileans)  experience  some  societal  intolerance. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  have  a  right  to  form  unions  without  prior 
authorization  and  to  join  existing  unions;  13  percent  of  the  employed  work  force  is 
organized.  A  1995  law  provides  government-employee  associations  with  the  same 
ri^ts  as  trade  unions.  However,  this  right  is  not  enjoyed  by  police  or  military  per- 
sonnel, nor  by  employees  of  state-owned  companies  attached  to  the  Ministry  of  De- 
fense. Members  of  unions  are  free  to  withdraw  from  union  membership. 

The  1992  Labor  Code  permits  nationwide  labor  centrals,  and  the  Unified  Woricers 
Central  (CUT),  the  largest  and  most  representative  of  these,  legalized  its  status  in 
April  1992.  Labor  unions  are  effectively  independent  of  the  Government,  but  union 
leaders  are  usually  elected  from  lists  based  on  party  affiliation  and  often  receive  di- 
rection from  parties'  headquarters.  There  are  no  restrictions  on  the  political  activi- 
ties or  afflliations  of  unions  or  union  officials.  Registering  a  union  is  a  simple  proc- 
ess. 

Reforms  to  the  Labor  Code  in  1990  removed  many  restrictions  on  the  right  to 
strike,  although  some  remain.  Employees  in  the  private  sector  have  the  right  to 
strike,  and  the  Government  regulates  this  right.  However,  the  law  proscribes  em- 
ployees of  some  30  companies — largely  providers  of  essential  services  (e.g.,  water 
and  electricity) — from  striking;  it  stipulates  compulsory  arbitration  to  resolve  poten- 
tial strikes  in  these  companies.  Public  officials  do  not  enjoy  this  right,  althougn  gov- 
ernment teachers,  municipal  and  health  workers  have  struck  in  the  recent  past. 
There  is  no  provision  for  compulsory  arbitration  in  the  public  sector. 

Employers  must  pay  severance  benefits  to  striking  workers  and  must  show  cause 
to  fire  workers.  Employees  who  believe  that  they  have  been  unfairly  dismissed  or 
dismissed  because  of  their  trade  union  activities  file  complaints  with  the  Ministry 
of  Labor.  If  the  claim  is  approved,  the  employer  must  make  special  and  additional 
compensatory  payments.  Congress  approved  legislation  that  took  efTect  in  March 
and  places  the  burden  of  proof  on  the  employer  in  cases  in  which  employees  allege 
illegal  antiunion  activity. 

The  CUT  and  many  other  labor  confederations  and  federations  maintain  ties  to 
international  labor  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Despite  legal  provisions  for 
collective  bargaining,  most  workers  negotiate  individual  contracts.  Employers  say 
that  this  is  due  to  the  workers'  preference,  distrust  of  union  leaders,  and  loyalty  to 
companies.  Union  leaders  counter  that  the  Labor  Code — which  among  other  things 
does  not  allow  union  shops — prevents  successful  organization  in  many  sectors.  Em- 
ployers may  also  include  a  clause  in  individual  employment  contracts  that  bars 
some  classes  of  employees  from  collective  bargaining,  although  this  applies  only  to 
supervisory  personnel.  Employees  may  object  to  the  inclusion  of  such  clauses  in 
their  contracts  and  mav  appeal  to  the  Ministry  of  Labor  for  their  excision. 

The  Ministry  of  Labor  arbitrates  about  one-half  of  the  complaints  it  receives. 
Workers  may  take  unarbitrated  cases  to  the  courts.  If  complainants  succeed  in  prov- 
ing they  were  fired  unjustly,  the  employer  must  pay  discharged  employees  twice 
their  normal  severance  payment.  There  are  no  statistics  available  concerning  the 
disposition  of  complaints  of  antiunion  behavior.  There  are  allegations  that  employ- 
ers fire  workers  for  union  activity  and  attempt  to  avoid  a  complaint  by  immediately 
paying  them  some  multiple  of  the  normal  severance  pay. 

Temporary  workers — defined  in  the  Labor  Code  as  those  in  agriculture  and  con- 
struction, as  well  as  port  workers  and  entertainers — may  form  unions,  but  their 
right  to  collective  bargaining  remains  dependent  on  employers  agreeing  to  negotiate 
with  unions  of  temporary  workers.  Likewise,  inter-company  unions  enjoy  the  right 
of  collective  bargaining  only  if  the  employer  agrees  to  negotiate  with  such  a  union. 
Labor  Code  sanctions  against  unfair  bargaining  practices  protect  workers  from  dis- 
missal only  during  the  bargaining  process.  Labor  leaders  complain  that  companies 
invoke  the  law's  needs-of-the-company  clause  to  fire  workers  after  a  union  has 
signed  a  new  contract,  particularly  when  negotiations  result  in  a  prolonged  strike. 

Labor  laws  apply  in  the  duty-free  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  and  the  Labor 
Code  prohibit  forced  or  compulsory  labor,  and  it  is  not  known  to  occur.  While  the 
Labor  Code  does  not  specifically  prohibit  forced  and  bonded  labor  by  children,  there 
were  no  reports  of  such  practices. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
allows  children  between  the  ages  of  15  and  18  to  work  with  the  express  permission 


451 

of  their  parents  or  guardians.  Children  14  years  of  age  may  also  work  legally  with 
such  {jermission,  but  they  must  have  completed  their  elementary  education,  and  the 
work  involved  may  not  be  physically  strenuous  or  unhealthy.  Additional  provisions 
in  the  law  protect  workers  under  18  years  of  age  by  restricting  the  types  of  work 
open  to  them  (for  example,  they  may  not  work  in  nightclubs)  and  by  establishing 
special  conditions  of  work  (they  may  not  work  more  than  8  hours  in  one  day).  Labor 
inspectors  enforce  these  regulations  and  compliance  is  good  in  the  formal  economy. 
The  Labor  Code  does  not  specifically  prohibit  forced  and  bonded  labor  by  children, 
but  such  practices  were  not  known  to  occur  (see  Section  6.c.).  Many  children  are  em- 
ployed in  the  informal  economy.  A  government  study  estimates  that  there  are 
15,000  children  between  the  ages  of  6  and  11  and  32,000  children  between  the  ages 
of  12  and  14  were  in  the  work  force.  The  majority  of  these  were  males  from  single- 
parent  households  headed  by  women;  among  these  were  children  who  worked  more 
than  40  hours  per  week  and  did  not  attend  school.  The  Ministry  of  Labor  convenes 
regular  meetings  of  a  tripartite  group  (business-labor-government)  to  monitor 
progress  in  eradicating  child  labor. 

e.  Acceptable  Conditions  of  Work. — The  law  sets  minimum  wages,  hours  of  work, 
and  occupational  safety  and  health  standards.  The  legal  workweek  is  48  hours, 
which  can  be  worked  in  either  5  or  6  days.  The  maximum  workday  length  is  10 
hours,  but  positions  such  as  caretakers  and  domestic  servants  are  exempted.  All 
workers  enjoy  at  least  one  24-hour  rest  period  during  the  workweek,  except  for 
workers  at  high  altitudes  who  voluntarily  exchange  a  work -free  day  each  week  for 
several  consecutive  work-free  days  every  2  weeks. 

The  minimum  wage  is  adjusted  annually.  This  wage  is  designed  to  serve  as  the 
starting  wage  for  an  unskilled  single  worker  entering  the  labor  force  and  does  not 
provide  a  family  with  an  acceptable  standard  of  living.  Only  11  percent  of  salaried 
workers  earn  the  minimum  wage.  A  tripartite  committee  comprising  government, 
employer,  and  labor  representatives  normally  suggests  a  minimum  wage  based  on 
projected  inflation  and  increases  in  productivity.  In  May  the  Senate  approved  the 
Government's  proposal  with  little  dissent,  setting  the  minimum  monthly  wage  at 
about  $173  (71,400  pesos),  effective  in  July. 

Occupational  health  and  safety  are  protected  under  the  law  and  administered  by 
the  both  the  Ministries  of  Health  and  of  Labor.  The  Government  has  increased  re- 
sources for  inspections  by  over  60  percent  since  1990  and  targeted  industries  guilty 
of  the  worst  abuses.  As  a  result,  enforcement  is  improving,  and  voluntary  compli- 
ance is  fairly  good.  A  law  that  became  effective  in  December  1996  increased  the 
number  of  annual  occupational  health  and  safety  inspections  and  provided  that  they 
be  carried  out  by  an  expanded  labor  inspection  service  in  the  Ministry  of  Labor.  In- 
surance mutual  funds  provide  workmen's  compensation  and  occupational  safety 
training  for  the  private  and  public  sectors.  They  reported  a  24-percent  decline  in  oc- 
cupational injuries  over  the  past  5  years,  although  11  percent  of  the  work  force  still 
submitted  claims.  Workers  who  remove  themselves  from  situations  that  endanger 
their  health  and  safety  have  their  employment  protected  if  a  real  danger  to  their 
health  or  safety  exists.  The  Ministry  of  Labor  recently  promulgated  a  general  stand- 
ard for  safety  in  the  forestry  sector,  where  accident  rates  have  greatly  exceeded  the 
national  average. 


COLOMBIA 

Colombia  is  a  constitutional,  multiparty  democracy,  in  which  the  Liberal  and  Con- 
servative parties  have  long  dominated  politics.  The  presidency  was  weakened 
throughout  the  year  by  continued  controversy  arising  from  substantial,  credible  pub- 
lic evidence  that  President  Ernesto  Samper  personally  sought  and  accepted  an  ille- 
gal $6  million  contribution  from  the  Cali-based  narcotics  trafficking  cartel  during 
his  1994  electoral  campaign.  This  enduring  controversy  significantly  diminished  the 
President's  moral  authority  and  political  ability  to  govern.  The  civil  judiciary  is 
largely  independent  of  government  influence,  afthougn  the  suborning  or  intimida- 
tion of  judges,  witnesses,  and  prosecutors  by  those  indicted  is  common.  The  separate 
military  judicial  system  has  been  long  accountable  only  to  the  uniformed  military 
leadership,  but  in  August  the  Constitutional  Court  directed  it  to  relinquish  to  the 
civilian  judiciary  the  investigation  and  prosecution  of  allegations  of  human  rights 
abuses  committed  by  police  and  military  personnel. 

The  control  of  the  central  (jovemment  over  the  national  territory  has  been  in- 
creasingly challenged  by  longstanding  and  widespread  internal  armed  conflict  and 
rampant  violence — both  criminal  and  political.  An  estimated  10,000  to  15,000  full- 
time  guerrillas,  belonging  to  three   distinct  communist  rebel  armies  operating  in 


452 

more  than  100  separate  guerrilla  fronts  spread  across  the  nation,  represented  a 
growing  threat  to  government  security  forces.  The  Government  has  been  forced  into 
an  essentially  defensive  posture  and  its  forces  rarely  initiate  military  action.  The 
guerrillas  exercised  a  significant  degree  of  influence  in  about  57  percent  of  the  coun- 
try's 1,071  municipalities.  Some  guerrilla  groups,  especially  in  rural  regions  in  the 
southern  and  eastern  parts  of  the  country,  continued  to  collaborate  with  narcotic 
traffickers.  Such  criminal  activities  produced  revenues  estimated  in  the  hundreds  of 
millions  of  dollars  annually  for  the  guerrilla  groups.  A  diverse  collection  of  regional- 
based  paramilitary  forces  assumed  a  dominant  role  in  the  internal  conflict,  greatly 
expanoing  their  political  and  military  influence  into  a  number  of  geographic  areas 
previously  dominated  by  the  guerrillas. 

The  civilian-led  Ministry  of  Defense  is  responsible  for  internal  security  and  over- 
sees both  the  armed  forces  and  the  national  police,  although  civilian  management 
of  the  security  forces  is  limited.  The  Department  of  Administrative  Security  (DAS), 
with  broad  intelligence  gathering,  law  enforcement,  and  investigative  authority,  re- 
ports directly  to  the  President.  The  armed  forces  and  the  police  committed  numer- 
ous, serious  violations  of  human  rights,  although  significantly  fewer  than  in  1996. 

Colombia  has  a  mixed  private  and  public  sector  economy.  The  Government  contin- 
ued to  privatize  institutions,  although  at  a  slower  rate  than  the  peak  in  1995.  Crude 
petroleum  replaced  coffee  as  the  nation's  principal  legitimate  export  in  1996.  Narcot- 
ics traffickers  continued  to  control  large  tracts  of  land  and  other  assets  and  exerted 
undue  influence  throughout  society  and  political  life.  The  country  suffers  from  a 
highly  skewed  distribution  of  income,  with  a  per  capita  gross  domestic  product  of 
$2,225. 

The  Government's  human  rights  record  continued  to  be  poor,  although  there  were 
some  improvements  in  certain  areas.  Government  forces  continued  to  commit  nu- 
merous serious  abuses,  including  extrajudicial  killings;  however,  they  were  respon- 
sible for  fewer  such  killings  than  in  the  previous  year.  During  the  first  9  months 
of  the  year,  government  forces  committed  7.5  percent  of  all  politically  motivated 
extrajudicial  killings.  There  were  targeted  killings  by  elements  of  the  Army,  notably 
the  20th  Intelligence  Brigade.  Security  forces  were  responsible  for  several  instances 
of  forced  disappearance,  and  police  and  soldiers  continued  to  torture  and  beat  some 
detainees.  At  times  the  security  forces  collaborated  with  paramilitary  groups  that 
committed  abuses.  Conditions  in  the  overcrowded  prisons  are  generally  harsh;  how- 
ever, some  inmates  use  bribes  or  intimidation  to  obtain  more  favorable  conditions. 
Arbitrary  arrest  and  detention,  as  well  as  prolonged  pretrial  detention,  are  fun- 
damental problems.  The  judiciary  is  severely  overburdened  and  has  a  case  backlog 
estimated  at  greater  than  1  million  cases.  Less  than  3  percent  of  all  crimes  commit- 
ted nationwide  are  successfully  prosecuted.  The  use  of  "faceless"  prosecutors,  judges, 
and  witnesses,  under  cover  of  anonymity  for  security  reasons,  continued  in  cases  in- 
volving kidnaping,  extortion,  narcotics  trafficking,  terrorism,  and  in  several  hundred 
high-profile  cases  involving  human  rights  violations. 

Although  the  number  of  human  rights  violations  by  government  forces  declined 
somewhat  from  the  previous  year,  the  executive  branch  and  Congress  continued  to 
be  unable  to  eliminate  those  abuses.  At  year's  end,  the  military  exercised  jurisdic- 
tion over  many  cases  of  military  personnel  accused  of  abuses,  a  system  that  has  es- 
tablished an  almost  unbroken  record  of  impunity. 

Inefficiency,  intimidation,  and  impunity  in  both  the  civilian  and  military  courts 
remain  at  the  core  of  the  country's  human  rights  problems.  The  Prosecutor  Gen- 
eral's office,  however,  increased  efforts  to  prosecute  high-profile  human  rights  cases 
involving  serious  violations  such  as  killings,  massacres,  and  kidnapings  committed 
by  government  forces,  paramilitary  gTioups,  and  guerrillas.  The  Government  per- 
mitted the  continued  existence  of  special  "public  order  zones"  in  some  locations,  in 
which  military  commanders  in  areas  of  high  conflict  directed  all  government  secu- 
rity efforts — including  the  imposition  of  curfews,  check-points,  and  requirements  for 
safe  conduct  passes. 

The  Government  and  its  backers  in  Congress  increased  pressure  on  the  media  to 
influence  reporting.  Although  the  Constitutional  Court  struck  down  portions  of  a 
1996  government-backed  media  law,  which  permitted  censorship,  it  left  intact  other 
key  aspects  of  the  law.  This  action  left  the  Government  in  a  position  to  reward  its 
political  backers,  punish  its  opponents,  and  fundamentally  influence  the  electronic 
media.  Journalists  practiced  self-censorship.  Violence  against  women  and  children 
is  a  serious  problem,  as  is  child  prostitution.  Extensive  societal  discrimination 
against  women,  minorities,  and  the  indigenous  continued.  Child  labor  is  a  wide- 
spread problem.  Vigilante  and  paramilitary  groups  that  engaged  in  "social  cleans- 
ing"— the  killing  of  street  children,  prostitutes,  homosexuals,  and  others  deemed  so- 
cially undesirable — continued  to  be  a  serious  problem. 


453 

The  many  paramilitary  groups  increasingly  took  the  offensive  against  the  guerril- 
las, often  by  perpetrating  targeted  killings,  massacres,  and  forced  displacements  of 
the  guerrillas  perceived  or  alleged  civilian  support  base.  During  the  first  9  months 
of  the  year,  members  of  paramilitary  groups  committed  69  percent  of  all  politically 
motivated  extrajudicial  killings.  The  Government  took  no  significant  action  to  re- 
strain these  powerful  paramilitary  groups.  The  public  security  forces'  relations  with 
paramilitary  groups  varied  considerably,  ranging  from  noncooperation,  to  turning  a 
blind  eye  to  paramilitary  activities,  to  some  instances  of  active  collaboration.  There 
was  no  credible  evidence  of  any  sustained  militaiy  action  to  constrain  the  para- 
military groups.  While  the  President  announced  on  December  1  a  series  of  measures 
to  combat  paramilitary  forces,  including  a  task  force  to  hunt  down  their  leaders, 
these  measures  had  not  been  implemented  by  year's  end. 

The  Government's  National  Human  Rights  Ombudsman  argued  that  the  govern- 
ment-sponsored, rural  self-defense  groups  known  as  "Convivir'  directly  involved  citi- 
zens in  the  armed  conflict,  converting  them  into  targets  of  guerrilla  attack.  It  be- 
came increasingly  clear  that  paramilitary  groups  and  their  leaders  were  largely  be- 
yond the  control  of  the  State,  which  had  initially  promoted  the  development  of  such 
groups  in  response  to  rising  guerrilla  actions.  Many  paramilitary  groups  have  far 
stronger  ties  to  regional  or  local  political  and  economic  elites — including  narcotics 
traffickers — than  they  do  to  the  military.  This  development  significantly  heightened 
the  risks  to  a  society  in  which  fragile  national  institutions  were  already  reeling  from 
rebel  attacks,  narcotics-related  corruption,  a  judicial  system  crippled  by  impunity 
and  inefficiency,  a  disgraced  administration  and  a  disconnected,  self-absorbed  politi- 
cal class. 

An  active  policy  of  depopulation,  pursued  by  some  paramilitary  groups  against 
communities  suspected  of  guerrilla  support,  was  the  primary  cause  of  the  growing 
internal  displacement  problem.  The  breakdown  of  public  order  in  many  rural  areas, 
sparited  by  the  continuing  conflicts  among  paramilitary,  guerrilla,  and  narcotics 
trafficking  organizations;  economic  interests;  and  the  police  and  the  armed  forces, 
has  prompteathe  internal  displacement  of  more  than  525,000  citizens  during  the 
years  1995  to  1997.  It  remained  unclear,  however,  how  many  of  these  were  tem- 
porary rather  than  permanent  displacements. 

Guerrilla  forces  continued  to  be  responsible  for  numerous  killings;  during  the  first 
9  months  of  the  year,  they  committed  23.5  percent  of  all  politically  motivated 
extrajudicial  killings.  Guerrilla  forces  also  were  responsible  for  disappearances,  as 
well  as  more  than  50  percent  (867)  of  all  formally  reported  kidnapings.  As  the  Octo- 
ber 26  gubernatorial  and  local  elections  approached,  guerrillas  targeted  political  jf- 
ficeholders,  candidates,  and  election  workers  as  "military  objectives" — part  of  their 
declared  campaigns  to  destabilize  the  country  and  delegitimize  the  Government. 
They  killed  or  kidnaped  more  than  200  candidates  and  elected  officials  during  the 
year  and  forced  more  than  2,000  political  candidates  to  withdraw  from  electoral 
campaigns.  Despite  the  widespread  violence  generated  by  guerrilla  forces,  the  Gov- 
ernment carried  out  elections  in  the  vast  majority  of  municipalities  and  citizens 
turned  out  in  sizable  numbers  and  voted  overwhelmingly  in  favor  of  national  peace 
talks  in  a  nonbinding  plebescite. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Political  and  extrajudicial  killings 
continued  to  be  a  serious  problem.  More  than  3,500  citizens  died  in  such  acts,  com- 
mitted by  both  state  and  nonstate  agents.  Members  of  the  security  forces  continued 
to  commit  extrajudicial  killings,  albeit  at  a  reduced  rate.  According  to  multiple, 
credible  reports,  the  security  forces  were  responsible  for  approximately  7.5  percent 
of  political  killings  during  the  first  9  months  of  the  year  in  which  the  perpetrators 
could  be  identified.  This  represented  a  continuation  of  the  steady  and  sulbstantial 
decline  since  1993,  when  the  military  was  deemed  responsible  for  54  percent  of  such 
killings.  The  total  number  of  extrajudicial  killings  directly  attributable  to  the  secu- 
rity forces  continued  to  decline,  from  126  in  1996  to  80  in  the  first  9  months  of  1997. 
The  police  reportedly  committed  some  social  cleansing  killings.  Government  and 
military  officials  give  credence  to  reports  of  isolated  killings  during  the  year  con- 
ducted by  members  of  at  least  one  army  unit,  the  20th  Intelligence  Brigade. 

The  Government's  independent  National  Human  Rights  Ombudsman  (Defensoria 
del  Pueblo)  received  253  complaints  in  1996  against  the  army  alleging  murder, 
forced  disappearances,  and  threats  (compared  with  219  in  1995).  The  same  report 
cited  226  complaints  against  the  police  for  murder,  disappearances,  and  threats 
(compared  with  169  in  1995).  The  Attorney  General's  office  (Procuraduria)  reported 
that  of  the  3,000  complaints  against  public  officials  received  between  June  1995  and 


454 

October  1996,  it  opened  administrative  proceedings  in  1,338  cases,  including  28 
massacres  and  202  homicides.  Some  of  the  other  cases  did  not  involve  public  officials 
and  were  passed  on  to  other  government  investigative  bodies.  It  is  unclear  how 
many  of  the  cases  have  since  resulted  in  convictions  or  have  otherwise  been  closed. 

The  Institute  for  Legal  Medicine  reported  a  1997  homicide  rate  of  66  deaths  per 
100,000  inhabitants.  The  police  and  tne  judiciary  have  insufficient  resources  to  in- 
vestigate most  killings  adeauately.  In  1996  the  Superior  Council  of  the  Judiciary  re- 
ported that  74  percent  of  all  crimes  go  unreportea,  and  between  97  and  98  percent 
of  all  crimes  go  unpunished.  The  Government  Commission  on  Public  Spending  simi- 
lariy  placed  the  impunity  rate  for  all  crimes  at  99.5  percent. 

Two  intelligence  agents,  an  army  private,  and  several  civilians — all  associated 
with  the  20th  Intelligence  Brigade — were  arrested  in  May  and  placed  in  preventive 
detention  for  their  presumed  involvement  in  the  November  2,  1995,  assassination 
of  opposition  Conservative  Senator  Alvaro  Gomez  Hurtado  and  his  assistant.  A  re- 
gional court  judge  ruled  in  November  that  there  was  insufficient  evidence  to  war- 
rant the  continued  detention  without  bail  of  two  of  the  detainees,  who  nonetheless 
remain  under  active  investigation.  By  year's  end,  civilian  prosecutions  against  four 
of  the  others  were  complete,  awaiting  only  the  judge's  ruling  and  sentencing.  Four 
field-grade  intelligence  ofiicers  with  ties  to  the  brigade  were  passed  over  for  pro- 
motion in  November,  effectively  ending  their  careers.  The  autnorities  were  inves- 
tigating one  of  them,  the  brigade  commander,  for  the  murder  of  several  of  the  bri- 
gade's own  informants.  The  Government  also  forcibly  retired  a  former  commander 
of  the  brigade. 

On  April  4,  the  Superior  Military  Tribunal  ordered  the  arrest  in  Cartagena  of  five 
members  of  the  National  Police  for  the  September  3,  1995,  death  of  Italian  tourist 
Giacomo  Turra  from  beatings  while  in  detention.  The  military  trial  of  police  Ser- 
geant Raymundo  Llanos  Vasquez  and  four  subordinates  on  the  charge  of  premedi- 
tated homicide  began  in  October. 

Army  Captain  Kodrigo  Canas  Flores  was  arrested  on  May  19,  along  with  a  para- 
military leader,  for  the  April  22,  1996,  massacre  of  15  persons  in  the  town  of 
Segovia,  Antioquia  department.  The  Supreme  Court  upheld  in  December  the  convic- 
tions of  6  former  police  officers  for  conspiracy  and  aggravated  homicide  in  the  1991 
killings  of  18  persons  in  Villas  del  Rosario,  Santander  del  Norte  department.  The 
court,  which  sentenced  the  six  former  policemen  to  between  14  and  26  years  in  pris- 
on, determined  that  they  were  members  of  an  illegal  paramilitary  group  operating 
in  that  department. 

In  November  1996,  the  Superior  Council  of  the  Judiciary  transferred  to  the  mili- 
tary justice  system  the  case  of  General  Farouk  Yanine  Diaz  and  three  other  senior 
military  codefendants  on  trial  for  the  1987  massacre  of  19  local  merchants.  This 
transfer  directly  contravened  constitutional  requirements  that  such  trials  be  con- 
ducted exclusively  by  civilian  courts.  On  June  18,  then-Commanding  General  of  the 
Army  Manuel  Jose  Bonett  (who  had  initially  attempted  to  recuse  himself  from  the 
case)  personally  cleared  General  Yanine  Diaz  and  his  military  codefendants  of  homi- 
cide and  kidnaping  charges.  Meanwhile,  a  civilian  regional  court  tried  three  civilian 
codefendants  on  the  basis  of  the  same  evidence,  convicted  them  on  June  25,  and 
sentenced  them  to  30  years  in  prison  for  their  roles  in  the  massacre  of  the  19  mer- 
chants. Several  human  rights  groups  submitted  a  complaint  against  Yanine  Diaz  to 
the  Inter-American  Commission  on  Human  Rights  (lACHR),  which  has  it  under  re- 
view. General  Yanine  Diaz  and  four  other  retired  army  generals  remain  under  in- 
vestigation by  the  Prosecutor  General's  office  for  their  roles  in  the  development  of 
paramilitary  death  squads  in  the  Middle  Magdalena  region. 

In  October  the  Prosecuting  Attorney's  Human  Rights  Unit  formally  charged  two 
army  Sergeants,  Hernando  Medina  Camacho  and  Gusto  Gil  Zuniga  Labrador,  and 

Earamilitary  leader  Carlos  Castano  with  the  1994  killing  of  the  leader  of  Patriotic 
^nion  (UP)  Senator  Manuel  Vargas  Cepeda.  The  two  sergeants  remained  in  preven- 
tive detention,  while  Castano  was  tried  in  absentia.  UP  leader  Senator  Hernan 
Motta,  Cepeda's  successor,  left  the  country  with  his  family  in  October,  following  in- 
creasing threats  to  their  safety. 

In  late  June,  the  Government  approved  compensation  for  the  relatives  of  members 
of  the  April  19th  Movement  (M-19)  guerrilla  group  who  died  during  an  army  oper- 
ation in  the  southeast  area  of  Bogota  on  September  30,  1985.  This  decision  followed 
a  recommendation  by  the  Inter-American  (Jommission  on  Human  Rights  (LACHR). 
In  May  a  regional  judge  in  Medellin  sentenced  in  absentia  accused  narcotics  traf- 
ficker Fidel  Castano,  colounder  of  the  largest  paramilitary  coalition,  to  30  years  in 
prison  for  the  January  1990  massacre  of  43  peasants  in  Pueblo  Viejo,  Antioquia,  and 
for  the  1988  kidnaping  and  killing  of  Conservative  Senator  Alfaro  Ospina.  In  Janu- 
ary Castano's  codefendant  and  fellow  paramilitary  leader  Jose  Anioal  Rodriguez 
Urquijo  was  sentenced  to  40  years  in  prison  for  his  role  in  the  two  crimes. 


455 

There  continued  to  be  incidents  of  social  cleansing — including  attacks  and 
killings — directed  against  individuals  deemed  socially  undesirable,  such  as  drug  ad- 
dicts, prostitutes,  transvestites,  beggars,  and  street  children.  Most  of  these  incidents 
were  attributed  to  paramilitary  groups  and  criminal  gangs;  elements  of  the  police, 
however,  were  believed  responsible  for  a  number  of  such  incidents,  as  well.  Criminal 
or  "antisocial"  elements  were  sometimes  similarly  "cleansed"  from  communities 
under  the  sway  of  the  guerrillas. 

Killings  by  paramilitary  groups  (also  known  as  "self-defense  groups  ")  increased 
significantly,  many  times  with  the  complicity  of  individual  soldiers  or  military  units, 
or  with  the  knowledge  and  tacit  approval  of  senior  military  officials.  The  number 
of  such  killings  attributed  to  paramilitary  forces  increased  significantly  (from  751 
in  1996  to  752  during  the  first  9  months  of  1997).  The  Ombudsman,  the  Prosecutor 
General's  office,  and  the  Presidential  Exploratory  Peace  Commission  all  agreed  that 
some  cases  indicated  that  members  of  the  armed  forces  actively  collaborated  with 
paramilitary  groups.  The  September  9  report  by  the  Exploratory  Peace  Commission 
declared  that,  given  the  nation's  historically  ambivalent  policy  towards  such  groups, 
"the  State  in  its  entirety  bears  an  important  degree  of  responsibility  for  the  creation 
and  expansion  of  the  self-defense  groups."  The  report  also  noted  that  there  was  a 
clear  relationship  between  local  political  and  economic  elites  in  some  regions  of  the 
country  and  the  self-defense  groups,  both  in  the  financing  of  such  groups  and  in  the 
direction  of  their  activities. 

Credible  allegations  of  cooperation  with  paramilitary  groups,  including  instances 
of  both  silent  support  and  direct  collaboration  by  members  of  the  armed  forces,  in 
particular  the  army,  continued  to  generate  controversy.  Military  commander  Gen- 
eral Bonett  categorically  denied  that  such  cooperation  existed,  but  tacit  arrange- 
ments between  local  military  commanders  and  paramilitary  groups  did  occur  in 
some  regions.  Government  authorities  and  academic  analysts  asserted  that  para- 
military groups  freely  operated  in  some  areas  that  were  under  military  control.  For 
example,  army  commander  Major  General  Mario  Hugo  Galan  denied  to  the  press 
in  October  that  the  army  had  institutional  or  operational  contact  with  paramilitary 
groups,  but  admitted  that  there  had  been  "individual  cases"  of  army  personnel  co- 
operating with  members  of  such  groups.  General  Yanine  Diaz,  former  commander 
of  the  army's  Second  Division  based  in  Bucaramanga,  was  accused  of  establishing 
and  expanding  paramilitary  death  squads  in  the  Middle  Magdalena  region,  as  well 
as  ordering  dozens  of  disappearances,  multiple  large-scale  massacres,  and  the  kill- 
ing of  judges  and  court  personnel  sent  to  investigate  previous  crimes.  Army  Colonel 
Carlos  Alfonso  Velasquez,  then  serving  as  Deputy  (Jommander  and  Chief  of  Staff 
of  the  Army's  17th  Brigade  operating  in  the  Cordoba  and  Uraba  region,  was  forced 
to  retire  in  January  after  he  privately  criticized  the  Brigade's  refusal  to  confront  the 
paramilitary  forces  headquartered  there. 

The  statutes  of  the  Self-defense  Groups  of  Cordoba  and  Uraba  (ACCU),  the  na- 
tion's most  powerful  paramilitary  group,  explicitly  condoned  extrajudicial  execu- 
tions, stating  "we  respect  all  persons  who  are  outside  the  conflict,  but  we  do  not 
so  consider  guerrillas  camouflaged  as  peasants  engaged  in  espionage."  This  attitude 
encouraged  the  widespread  and  arbitrary  use  of  extrajudicial  killing  by  paramilitary 
forces.  According  to  credible  sources,  during  the  first  9  months  of  the  year,  members 
of  paramilitary  groups  committed  69  percent  of  all  politically  motivated  extrajudicial 
kilhngs. 

The  largest  illegal  paramilitary  groups  (centered  in  Cordoba,  Uraba,  and  the  Mid- 
dle Magdalena  regions,  plus  the  eastern  plains)  announced  on  April  19  the  estab- 
lishment of  a  national  umbrella  organization,  the  AUG  (United  Self-defense  Groups 
of  Colombia).  The  growing  participation  in  the  conflict  by  civilians  has  been  prompt- 
ed in  part  by  the  guerrillas'  increasing  strength  and  presence  in  a  growing  number 
of  municipalities  (173  in  1985  compared  with  622  in  1995)  and  in  part  by  the  Gov- 
ernment's failure  to  ensure  security  throughout  the  country. 

Overall,  paramilitary  killings  escalated  not  only  in  those  areas  that  have  long  suf- 
fered the  greatest  concentration  of  violence,  such  as  Meta,  Uraba,  Cordoba,  and 
Cesar,  but  in  other  regions  as  well,  including  parts  of  Antioquia  beyond  Uraba,  the 
Magdalena  Medio  region,  and  the  departments  of  Sucre,  Guaviare,  Caqueta,  and 
Putumayo.  Such  killings  reflect  the  intensified  competition  between  paramilitary 
and  guerrilla  organizations  for  control  across  a  broad  sweep  of  territory  (see  Section 

Ig-)- 

Paramilitary  groups  extended  their  influence  into  the  historically  guerrilla-domi- 
nated coca-growing  areas  of  Meta  department  with  their  July  15-20  takeover  of  the 
town  of  Mapiripan.  They  singled  out  at  least  seven  townspeople  and  executed  them, 
reportedly  for  supporting  the  guerrillas.  Thousands  of  townspeople  subsequently 
fled,  claiming  that  the  paramilitary  forces  had  killed  as  many  as  two  dozen  others 
and  had  thrown  their  bodies  into  the  Guaviare  River.  In  a  September  interview  in 


45-909    98  -  1 6 


456 

El  Tiempo  newspaper,  paramilitary  leader  Carlos  Castano  admitted  responsibility 
for  the  Mapiripan  massacre.  The  army  and  the  Attorney  General  opjened  separate, 
formal  administrative  investigations  into  the  possible  role  of  four  Army  officers,  in- 
cluding the  Commander  of  the  7th  Brigade,  Brigadier  General  Jaime  Humberto 
Uscategui,  and  five  civilian  officials,  including  the  mayor  of  Mapiripan,  in  the  take- 
over. The  Prosecutor  General's  office  also  opened  a  criminal  investigation  into  the 
incident.  A  similar  paramilitary  incursion  into  Mirafiores,  Guaviare,  on  October  18- 
20,  which  left  at  least  five  persons  dead,  also  prompted  the  Prosecutor  General  to 
open  a  criminal  investigation  into  the  role  of  the  security  forces  in  supporting  the 
attacks. 

With  few  notable  exceptions,  known  paramilitary  leaders  remained  beyond  the 
reach  of  the  law.  The  regional  court  of  Medellin  sentenced  Gerardo  Antonio  Palacio 
to  8V^  years  in  prison  for  forming  an  illegal  paramilitary  group.  The  authorities 
were  also  investigating  Palacio  and  others  for  the  group's  role  in  the  August  15, 
1995,  massacre  of  18  persons  in  Chigorodo,  Antioquia.  On  April  26,  the  police  recap- 
tured Luis  Alfredo  Rubio  Rojas,  former  mayor  of  Puerto  Boyaca  and  leader  of  a 
garamilitan^  group  initially  founded  by  Medellin  cartel  narcotics  trafficker  Gonzalo 
odriguez  Gacha,  after  7  years  in  hid.ing.  Rubio  had  previously  been  sentenced  to 
12  years  in  prison  for  his  role  in  the  1986-87  Honduras  and  La  Negra  massacres; 
he  is  also  under  investigation  in  the  murder  of  19  local  merchants,  the  murder  of 
12  Fiscalia  employees  sent  to  investigate  those  killings,  as  well  as  for  hiring  British 
and  Israeli  mercenaries  to  train  menilbers  of  paramilitary  groups  to  fight  the  Colom- 
bian Revolutionary  Armed  Forces  (FARC)  and  defend  narcotics  interests. 

For  the  first  time  since  the  December  1994  establishment  of  the  government-spon- 
sored civilian  rural  defense  cooperatives  known  as  Convivir,  a  Convivir  leader  was 
found  guilty  of  forming  an  illegally  armed  group.  A  Medellin  judge  on  October  23 
sentenced  Jose  Alirio  Arcila  Vasquez,  director  of  the  "Los  Sables"  Convivir,  and 
other  Los  Sables  members  to  7  years  in  prison  for  the  April  1996  murder  of  three 
men  in  Ciudad  Bolivar,  Medellin.  The  case  against  former  army  Captain  Giro  Al- 
fonso Vargas  Lancheros  for  his  possible  role  in  the  incident  remained  ongoing. 

Former  guerrillas  who  have  laid  down  their  weapons  following  previous  peace 
agreements  with  the  Government  were  also  the  targets  of  attacks — from  both  para- 
military groups  and  their  former  comrades-in-arms.  Of  the  5,897  guerrillas  formally 
demobilized  during  1990—94  from  at  least  6  rebel  armies,  258  had  been  killed  by 
the  end  of  1996.  An  additional  82  "reinserted"  guerrillas  had  been  killed  as  of  Au- 
gust 15,  70  percent  of  them  in  Antioquia  and  Sucre  departments.  At  least  19  mem- 
bers of  the  Socialist  Renovation  Current  (CRS),  which  broke  with  the  National  Lib- 
eration Army  (ELN)  and  demobilized  in  1994,  were  killed  during  the  year.  The  July 
murders  of  William  Jaraba  and  Fredy  Fuentes  Paternidad,  Cordoba  regional  leaders 
of  the  CRS,  prompted  a  rare  joint  statement  by  the  Ministers  of  Defense  and  Inte- 
rior. They  criticized  the  attacks  by  illegal  armed  groups,  noted  that  the  CRS  was 
a  legally  constituted  political  movement  committed  to  the  democratic  legal  order, 
and  ordered  the  p)olice  and  military  to  provide  the  CRS  "with  maximum  collabora- 
tion and  protection  of  its  social  and  political  activities." 

The  leftist  coalition  party  known  as  the  UP  continued  to  be  the  target  of  political 
killings.  Unknown  assailants  shot  and  killed  a  policeman  early  on  July  26  as  he  suc- 
cessfully prevented  the  detonation  of  a  110-pound  bomb  aimed  at  the  UPs  Bogota 
headquarters.  The  UP  has  lost  more  than  3,000  members  in  a  campaign  of  targeted 
killings  waged  against  its  leadership — a  campaign  initially  precipitated  by 
Rodriguez  Gacha  and  the  Medellin  Cartel  after  the  UP  was  formed  as  part  of  a  1985 
peace  accord  that  permitted  several  thousand  guerrillas  to  turn  in  their  weapons  in 
exchange  for  participation  in  a  legal  political  party.  There  have  been  600  reported 
murders  of  UP  party  members  in  Meta  department  alone  since  the  campaign  began, 
including  the  head  of  the  Meta  Committee  for  Human  Rights,  Josue  Giraldo,  who 
was  killed  in  October  1996. 

In  1996  the  UP  brought  a  complaint  before  the  lACHR  that  charged  the  Govern- 
ment with  "action  or  omission"  in  what  the  UP  termed  "political  genocide"  against 
the  UP  and  the  Communist  Party.  In  its  October  submission  to  the  lACHR,  the  Re- 
insertion Foundation  human  rights  organization  charged  that  13  regional  UP  politi- 
cal leaders  had  been  killed  and  3  tortured  during  the  first  9  months  of  the  year. 
The  Government  and  the  UP  continued  without  success  in  their  efforts  to  reach  an 
amicable  solution  under  the  auspices  of  the  lACHR. 

The  guerrillas  of  the  FARC,  the  ELN,  and  the  People's  Liberation  Army  (EPL) 

continued  to  commit  extrajudicial  executions,  often  targeting  noncombatants  in  a 

manner  not  unlike  the  paramilitary  groups.  Local  elected  officials  or  candidates  for 

oubhc  office,  teachers,  civic  leaders,  business  owners,  and  peasants  opposed  to  their 

1  or  military  activities  were  common  targets.  Police  and  military  personnel 


457 

were  also  targeted  for  killings,  both  in  and  out  of  combat,  but  to  a  lesser  degree 
(see  Section  l.g.). 

On  April  21,  a  FARC  guerrilla  squad  raided  the  town  of  Liborina,  Antioquia,  held 
a  public  "revolutionary  trial"  of  a  local  municipal  official  and  four  peasants  accused 
of  collaborating  with  the  military,  and  executed  them.  In  September  FARC  guerril- 
las killed  more  than  a  dozen  persons  in  the  San  Luis  indigenous  reserve.  In  Decem- 
ber FARC  forces  killed  a  Catholic  priest  (see  Section  l.g.). 

b.  Disappearance. — 'Torced  disappearance",  while  explicitly  prohibited  by  the 
1991  Constitution,  remained  an  act  not  explicitly  outlawed  under  the  Penal  Code, 
although  the  law  codifies  kidnaping  for  extortion  and  "simple  kidnaping"  as  crimes. 
An  estimated  3,000  cases  of  forced  disappearance  have  been  formally  repwrted  to  the 
authorities  since  1977;  very  few  have  ever  been  resolved.  The  U.N.  Working  Group 
on  Enforced  or  Involuntary  Disappearances  reported  that  it  received  133  complaints 
of  forced  disappearance  in  Colombia  during  the  past  4  years. 

According  to  data  collected  jointly  by  the  Intercongregational  Commission  for  Jus- 
tice and  Peace  and  the  Center  for  Investigations  and  Popular  Research  (CENEP), 
136  persons  disappeared  during  the  first  9  months  of  1997.  The  army  was  deemed 
responsible  for  6  of  the  disappearances  and  130  were  attributed  to  paramilitary 
groups. 

On  January  29,  the  Inter-American  Human  Rights  Court  found  that  the  Govern- 
ment should  pay  $89,500  to  the  families  of  Isidro  Caballero  Delgado  and  Maria  del 
Carmen  Santiago,  following  an  earlier  Court  ruling  that  the  State  was  responsible 
for  their  forced  disappearances. 

The  Judicial  Council  of  State  determined  in  September  that  the  Government 
should  compensate  the  families  of  M-19  guerrilla  Irma  Franco  Pineda  and  11  civil- 
ian cafeteria  workers,  whose  disappearance  was  attributed  to  the  army's  20th  Intel- 
ligence Brigade  after  the  army  retook  Bogota's  Palace  of  Justice  following  the  M- 
19's  November  6,  1985  siege.  The  Council  ordered  the  Government  to  pay  the  equiv- 
alent of  2,000  grams  of  gold  to  Franco's  family. 

There  has  been  no  progress  since  the  December  1996  decision  of  the  Superior  Ju- 
dicial Council  to  transfer  the  criminal  investigation  of  General  Alvaro  Velandia 
Hurtado,  the  former  commander  of  the  20th  Intelligence  Brigade,  who  was  accused 
of  the  1987  forced  disappearance,  torture,  and  murder  of  M-19  member  Nydia  Erika 
Bautista,  to  the  military  judicial  system.  The  Prosecutor  General's  human  rights 
unit  was  forced  to  terminate  its  investigation  after  it  lost  jurisdiction  over  the  case. 
Like  many  similar  cases,  this  case  remained  in  the  military  justice  system  at  year's 
end,  despite  the  August  5  Constitutional  Court  decision  that  all  such  human  rights 
cases  be  conducted  by  the  civilian  courts. 

The  U.N.  Committee  on  Human  Rights  found  that  the  Government  was  directly 
responsible  for  the  1990  disappearance  and  murder  of  Torres  Crespo,  Torres  Arroyo, 
and  Chaparo  Torres,  three  indigenous  leaders. 

On  April  23,  antikidnap  czar  Alberto  Villamizar  called  for  investigation  into  alle- 
gations of  cooperation  between  the  Government's  elite  antikidnap  squads  (GAULA) 
and  illegal  paramilitary  groups  following  the  April  22  rescue  by  paramilitary  forces 
of  an  oil  company  employee  kidnaped  in  Bolivar  department  by  the  ELN. 

Police  Major  Manuel  de  Jesus  Lozada  Plazas,  the  deputy  GAU1j\  commander  in 
Bogota,  was  arrested  on  March  10  and  charged  with  the  May  19,  1995  kidnaping 
of  three  former  EPL  guerrillas  in  Cali,  where  he  had  previously  served  as  head  of 
the  GAULA.  In  its  first  such  decision  following  the  August  5  Constitutional  Court 
ruling  regarding  alleged  human  rights  violations  by  security  forces  personnel,  the 
Superior  Judicial  Council  determined  on  August  14  that  Lozada  would  be  tried  in 
a  civilian  court. 

On  April  18  in  Bucaramanga,  presumed  members  of  a  paramilitary  group  kid- 
naped the  sister  and  brother-in-law  of  Nicolas  Rodriguez,  the  reputed  deputy  com- 
mander of  the  ELN.  This  kidnaping  was  part  of  a  campaign  begun  in  1996  by  para- 
military groups  to  give  guerrillas  "a  taste  of  their  own  medicine."  Military  courts 
opened  an  investigation  into  military  complicity,  however,  after  army  Sergeant 
Jesus  Antonio  Sanchez  Morales  testified  that  General  Rafael  Hernandez,  Second  Di- 
vision commander,  ordered  him  to  take  part  in  the  kidnaping.  Sanchez  was  placed 
in  preventive  detention;  the  kidnap  victims  never  reappeared. 

Guerrillas  were  deemed  responsible  for  over  50  percent  (involving  867  victims)  of 
the  1,693  kidnaping  cases  formally  reported  to  the  National  Police  during  1997,  ac- 
cording to  the  Pais  Libre  foundation.  Arrests  or  prosecutions  in  any  of  these  cases 
were  rare.  Foreigners  accounted  for  approximately  5  percent  of  those  kidnaped,  and 
represented  attractive  targets  for  both  the  FARC  and  the  ELN,  which  generally  de- 
manded exorbitant  ransom  payments  for  their  release. 


458 

The  body  of  Vassily  Lojkin,  a  Russian  cyclist  endeavoring  to  circumnavigate  the 
globe,  was  found  on  March  7  in  Apartado;  he  had  been  kidnaped,  then  executed, 
by  the  FARC. 

From  August  to  October,  FARC  and  ELN  guerrillas  waged  a  massive  kidnaping 
campaign  against  candidates  for  the  October  26  departmental  and  local  elections. 
Hundreds  oi  persons  were  kidnaped,  held  for  several  days  or  weeks,  lectured,  and 
subsequently  released,  typically  after  promising  to  withdraw  their  candidacies. 
Some  2,000  candidates  nationwide  withdrew  (see  also  Section  3).  Two  Catholic  bish- 
ops were  kidnaped  in  October  and  November,  one  by  the  FARC  and  the  other  by 
the  ELN  (see  Section  l.g.). 

There  has  been  no  confirmation  for  nearly  4  years  that  three  American  mission- 
aries kidnaped  by  FARC  guerrillas  in  Panama  on  January  31,  1993,  and  imme- 
diately moved  to  Colombia,  were  still  alive.  The  FARC  and  other  guerrilla  groups 
regularly  kidnaped  foreign  citizens;  some  were  released  after  months  of  captivity, 
while  others  remained  in  captivity  at  year's  end.  The  tortured  body  of  American  ge- 
ologist Frank  Thomas  Pescatore,  kidnaped  on  December  10,  1996,  by  FARC  guerril- 
las, was  found  on  February  23. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  explicitly  prohibits  torture,  as  well  as  cruel,  inhuman,  or  degrad- 
ing treatment  or  punishment.  Reports  of  incidents  of  police  and  military  torture  or 
mistreatment  of  detainees  nevertheless  continued.  The  Office  of  the  Attorney  Gen- 
eral for  Human  Rights  reported  investigating  462  cases  of  torture  committed  by  the 
police,  DAS,  army,  prison  officials,  and  other  agents  of  the  State  during  the  period 
from  June  1995  to  October  1996.  There  has  been  no  appreciable  subsequent  de- 
crease in  cases  of  torture  committed  by  various  government  security  agencies.  These 
abuses  often  occurred  in  connection  with  illegal  detentions  in  the  context  of  counter- 
insurgency  or  counter-narcotics  operations. 

Paramilitary  and  guerrilla  groups  were  also  responsible  for  many  instances  of  tor- 
ture; the  bodies  of  a  great  many  persons  detained  and  subsequently  killed  by  these 
illegal  groups  showed  signs  of  torture  and  disfigurement. 

Prison  conditions  are  generally  harsh,  especially  for  those  prisoners  without  sig- 
nificant outside  support.  Severe  overcrowding,  and  dangerous  sanitary  and  health 
conditions  remained  serious  problems.  In  December  a  visiting  lACHR  mission  de- 
clared that  the  living  conditions  in  Bogota's  La  Picota  prison  constituted  "cruel,  in- 
human, and  degrading  treatment  of  the  inmates."  The  nation's  168  prisons  and  jails 
held  43,221  inmates  in  December,  52  percent  more  than  planned  capacity.  In  a 
number  of  the  nation's  largest  prisons,  the  overcrowding  reached  even  higher  levels. 
Medellin's  Bellavista  prison,  the  nation's  largest,  was  built  to  house  1,700  inmates; 
in  December,  it  housed  some  5,050  inmates — triple  its  designed  capacity.  Bogota's 
La  Modelo  and  the  Palmira  prison  outside  Cali  were  both  at  250  percent  of  designed 
capacity. 

Forty-six  j)ercent  of  all  prison  inmates  are  pretrial  detainees.  The  remaining  54 
percent  are  roughly  split  between  those  appealing  their  convictions  and  those  who 
have  exhausted  their  appeals  and  are  serving  out  their  terms. 

Prison  conditions  prompted  an  unprecedented  total  of  50  uprisings  and  hostage- 
takings  by  inmates  in  the  first  6  months  of  the  year.  Three  guards  and  a  prisoner 
were  killed  at  Valledupar  prison  in  April  after  common  prisoners  and  detained  ELN 
members  took  more  tnan  15  hostages.  Guards,  who  typically  have  no  riot  control 
equipment,  training,  or  capability,  also  went  on  strike  at  several  facilities.  Instances 
of  abuse  by  and  corruption  among  prison  staff,  as  well  as  ongoing  criminal  activities 
by  inmates,  were  so  serious  that  judicial  authorities  announced  on  April  1  the  trans- 
fer of  control  of  the  maximum  security  wings  of  La  Picota,  La  Modelo,  Palmira,  and 
Medellin's  Itagui  prisons  from  the  civilian  National  Prisons  Institute  to  the  National 
Police. 

Political  detainees  and  prisoners  are  typically  housed  with  common  prisoners. 
There  are  no  separate  facilities  for  pretrial  detainees  and  convicted  prisoners.  Key 
narcotics  traffickers  and  some  guerrilla  leaders,  however,  get  special  cells  with 
many  comforts,  some  of  which — such  as  access  to  two-way  radios,  cellular  tele- 
phones, and  computers — allowed  them  to  continue  their  illegal  activities  from  inside 
jail. 

Local  or  regional  military  and  jail  commanders  did  not  always  prepare  mandatory 
detention  registers  or  follow  notification  procedures;  as  a  result,  precise  accounting 
for  every  detainee  was  not  always  possible. 

The  International  Committee  of  the  Red  Cross  (ICRC)  continued  to  have  routine 
access  to  most  prisons  and  police  and  military  detention  centers. 

The  ICRC  began  to  obtain  more  frequent  access,  although  still  on  an  ad  hoc  basis, 
to  prisoners  privately  held  by  paramilitary  groups  or  guerrilla  forces. 


459 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  includes  several  provi- 
sions designed  to  prevent  illegal  detention;  however,  there  continued  to  be  instances 
in  which  tne  authorities  arrested  or  detained  citizens  arbitrarily. 

The  law  prohibits  incommunicado  detention.  Anyone  held  in  preventive  detention 
must  be  brought  before  a  iudge  within  36  hours  to  determine  the  legality  of  the  de- 
tention. The  judge  must  tnen  act  upon  that  petition  within  36  hours  of  its  applica- 
tion. Despite  these  legal  protections,  instances  of  arbitrary  detention  continued;  the 
Human  Rights  Ombudsman  reported  509  formal  complaints  of  arbitraiy  or  illegal 
detention  in  1996,  far  more  than  the  374  cases  reported  in  1995.  The  CINEP  and 
Justice  and  Peace,  using  different  reporting  criteria,  received  51  reports  of  arbitrary 
detention  during  the  first  9  months  of  1997. 

An  estimated  46  percent  of  the  nation's  prison  inmates  were  being  held  in  various 
forms  of  pretrial  detention.  At  the  time  of  the  April  Valledupar  prison  uprising,  the 
facility's  population  approached  five  times  its  ofiicial  capacity;  341  of  the  578  in- 
mates were  Deing  held  in  pretrial  detention. 

Conditional  pretrial  release  is  available  under  certain  circumstances,  for  example, 
in  connection  with  minor  ofTenses  or  after  unduly  lengthy  amounts  of  time  in  pre- 
ventive detention.  It  is  not  available  in  cases  oi  serious  crimes,  such  as  homicide 
or  terrorism. 

Forced  exile  is  not  formally  practiced,  although  there  were  repeated  instances  of 
individuals  pressured  into  self-exile  for  their  personal  safety.  Such  cases  included 
persons  from  all  walks  of  life,  including  politicians,  human  rights  workers,  slum- 
dwellers,  business  executives,  and  rural  farmers.  The  threats  came  from  various 
quarters:  Elements  of  the  military,  paramilitary  groups,  guerrilla  groups,  narcotics 
traffickers,  and  other  criminal  elements. 

In  more  than  150  cases,  the  Office  of  the  Presidency  actively  assisted  the  inter- 
national relocation  of  threatened  persons,  including  the  provision  of  financial  sup- 
port, when  it  was  decided  that  the  Government  was  unable  to  ensure  their  security 
anywhere  within  the  country.  Richard  Velez,  a  television  cameraman  who  was  beat- 
en severely  by  several  army  troops  while  filming  a  1996  peasant  protest  by  coca- 
leaf  pickers  in  Caqueta  department,  fied  the  country  along  with  his  family  in  Octo- 
ber. Velez  had  received  a  number  of  threats,  culminating  in  an  early  October  armed 
assault  (see  also  Section  2. a.). 

e.  Denial  of  Fair  Public  Trial. — The  civilian  Judicial  system,  reorganized  under  the 
1991  Constitution,  is  largely  independent  of  tne  executive  and  legislative  branches, 
both  in  theory  and  in  practice,  although  the  suborning  or  intimidation  of  judges, 
witnesses,  ana  prosecutors  by  those  indicted  or  involved  is  common. 

The  judiciary  includes  the  Constitutional  Court,  Supreme  Court  of  Justice,  the 
Council  of  State,  the  Superior  Judicial  Council,  tribunals,  and  courts.  The  Prosecu- 
tor General's  office  is  an  independent  prosecutorial  body. 

The  judiciary  has  long  been  subject  to  threats  and  intimidation  when  dealing  with 
cases  involving  members  of  the  armed  forces  or  of  paramilitary,  guerrilla,  and  nar- 
cotics organizations.  Although  the  number  of  instances  of  violent  attacks  against 
prosecutors  and  judges  declined  with  the  abatement  of  drug-related  terrorism  in  the 
late  1980's — and  as  extradition  of  citizens  was  halted  in  1991 — prosecutors,  judges, 
and  defense  attorneys  continued  to  be  subjected  to  threats  and  acts  of  violence. 
Prosecutors  reported,  moreover,  that  potential  witnesses  in  major  cases  often  lacked 
faith  in  the  Government's  ability  to  protect  their  anonymity  and  were  thus  unwill- 
ing to  testify,  ruining  chances  for  successful  prosecutions. 

Corruption  and  intimidation  are  believed  responsible  for  the  relatively  light  prison 
terms  that  Gilberto  and  Miguel  Rodriguez  Orejuela,  longtime  leaders  of  the  multi- 
billion  dollar  Cali-based  narcotics  trafncking  cartel,  received  in  January  (IOV2  and 
9  years,  respectively).  A  court  subsequently  sentenced  Miguel  Rodriguez  to  23  years 
in  prison  for  other  crimes.  The  Rodriguez  Orejuelas  are  credibly  believed  to  continue 
to  operate  their  business  from  Bogota's  La  Picota  prison. 

The  Constitutional  Court  struck  several  blows  against  impunity  during  the  year. 
In  August  it  directed  the  separate  military  judicial  system,  long  accountable  only 
to  the  uniformed  military  leadership,  to  relinquish  to  the  civilian  judiciary  investiga- 
tion and  prosecution  of  human  rights  violations  and  other  alleged  crimes  not  di- 
rectly related  to  acts  of  service.  On  September  23,  the  Constitutional  Court  declared 
null  and  void  a  statute  of  the  Penal  Code  (dating  from  the  1930's)  that  prohibited 
punishment  of  politically  motivated  rebels  for  any  criminal  acts  committed  in  com- 
bat, except  those  that  constituted  acts  of  savagery  or  barbarism. 

Prior  to  the  August  Constitutional  Court  decision,  most  cases  involving  high-level 
military  personnel  were  transferred  to  the  military  courts,  where  convictions  in 
human  rights-related  cases  were  the  rare  exception  (see  also  Section  l.a.).  One  sig- 
nificant exception  to  the  military's  routine  exertion  of  exclusive  jurisdiction  was  the 
June  12  decision  by  the  Superior  Judicial  Council  to  deny  the  military's  request  and 


460 

remand  to  the  civilian  courts  the  criminal  case  against  army  Colonel  Hernando 
Navas  Rubio.  Navas  Rubio,  one-time  Deputy  Commander  of  the  14th  Brigade  at 
Puerto  Berrio,  Antioguia,  in  the  Magdalena  Medio  region,  was  charged  in  connection 
with  the  November  11,  1988,  massacre  at  Segovia,  Antioquia,  which  lefl  50  persons 
dead  and  49  wounded.  Most  significantly,  the  military  courts  had  already  obtained 
jurisdiction  for  the  trials  of  three  of  Navas  Ruble's  own  subordinates,  who  had  been 
charged  earlier  in  connection  with  the  same  crimes. 

The  Attorney  General's  office  is  part  of  the  Public  Ministry.  It  investigates  mis- 
conduct by  public  officials  and  orders  administrative  sanctions  as  applicable.  The 
Attomev  General  for  Human  Rights  investigates  some  allegations  of  human  rights 
abuses  by  members  of  the  state  security  apparatus,  drawing  upon  a  nationwide  net- 
work of  hundreds  of  government  human  rights  investigators  covering  the  nation's 
1,071  municipalities. 

The  Public  Ministry's  National  Ombudsman  for  Human  Rights  is  elected  by  the 
House  of  Representatives  to  a  4-year  term  and  has  the  constitutional  duty  to  ensure 
the  promotion  and  exercise  of  human  rights.  In  addition  to  providing  public  defense 
attorneys  in  criminal  cases,  the  Ombudsman's  offices  throughout  the  country  pro- 
vide a  legal  channel  for  thousands  of  complaints  and  allegations  of  human  rights 
violations.  In  practice,  however,  the  Ombudsman's  operations  are  severely  under- 
funded and  continued  to  labor  under  significant  staffing  shortages  in  an  efTort  to 
develop  a  credible  public  defender  system.  The  1996  budget,  for  example,  was  suffi- 
cient to  employ  558  public  defenders  (compared  with  the  official  goal  of  2,000),  pro- 
viding only  minimal  coverage  for  just  70  percent  of  the  nation's  municipalities.  None 
of  the  public  defenders  were  permanent  members  of  the  civil  service;  all  were  con- 
tract employees. 

The  F*rosecutor  General  is  elected  by  the  Supreme  Court  of  Justice  from  a  list  of 
three  candidates  chosen  by  the  President  and  is  tasked  with  investigating  criminal 
offenses  and  presenting  evidence  against  the  accused  before  the  various  judges  and 
tribunals. 

The  October  strike  by  41,000  judicial  branch  employees  interrupted  the  prosecu- 
tion of  hundreds  of  cases,  and  led  to  the  release  of  some  criminal  detainees  whose 
habeas  corpus  rights  were  violated  because  they  were  not  brought  before  a  judge 
for  arraignment  during  the  required  period  after  their  initial  detention. 

The  Constitution  specifically  provides  for  the  right  to  due  process.  The  outcome 
of  all  trials  is  determined  by  judges;  there  are  no  jury  trials.  The  accused  is  pre- 
sumed innocent  until  proven  guilty  and  has  the  right  to  representation  by  counsel, 
although  representation  for  the  indigenous  and  the  indigent  historically  has  been 
inadequate.  As  in  past  years,  the  judiciary  remained  overburdened  and  often  in  a 
state  of  chaos,  staggering  under  a  backlog  estimated  at  over  1  million  cases.  The 
new  Prosecutor  General  announced  in  May  the  establishment  of  a  commission  to 
analyze  the  backlog  and  make  recommendations  as  to  how  to  reduce  the  case  load 
and  streamline  procedures. 

Trials  conducted  by  the  regular  courts  are  public.  Defendants  have  the  right  to 
be  present  and  the  right  to  timely  consultation  with  an  attorney.  Defendants  and 
their  attorneys  have  the  right  to  question  or  contradict  (although  not  directly 
confront)  witnesses  against  them,  to  present  witnesses  on  their  own  behalf,  and  to 
have  access  to  government  evidence  relevant  to  the  case.  Defendants  also  have  the 
right  to  appeal  a  conviction  to  a  higher  court. 

The  civilian  justice  system  continued  to  incorporate  regional  or  public  order  juris- 
dictions to  prosecute  cases  involving  the  crimes  of  narcotics  tramcking,  terrorism, 
kidnaping,  subversion,  extortion,  and  some  cases  of  human  rights  violations.  In 
these  courts,  prosecutors,  judges,  witnesses,  and  attorneys  act  under  cover  of  ano- 
nymity for  security  reasons.  Given  security  concerns,  and  since  testimony  and  evi- 
dence is  typically  provided  to  the  judge  in  written  form,  regional  court  trials  are  not 
public.  While  a  1993  reform  of  the  Criminal  Procedures  Code  addressed  certain  pro- 
cedural shortcomings  within  the  system,  significant  problems  remained.  It  was  still 
difficult  for  defense  attorneys  to  impeach  or  cross-examine  anonymous  witnesses, 
and  often  the  defense  attorneys  did  not  have  unimpeded  access  to  the  State's  evi- 
dence. As  a  result  of  such  concerns,  judges  may  no  longer  base  a  conviction  solely 
on  the  testimony  of  an  anonymous  witness. 

Prosecutors,  judges,  and  witnesses  generally  maintained  that  the  protection  of  an- 
onjnmity  provided  by  the  faceless  system  is  essential  to  the  successiul  investigation 
and  prosecution  of  cases  in  a  country  where  violence  is  endemic  and  acts  of  revenge 
against  those  prosecuting  violent  crime  may  be  expected.  Domestic  and  inter- 
national human  rights  groups.  President  Samper,  the  Prosecutor  General,  and  mili- 
tary forces  Commanding  General  Bonett,  however,  all  publicly  stated  during  the 
year  that  the  anonymous  court  system  violates  basic  legal  norms  and  procedural 
rights  and  requires  stricter  controls  and  limits.  Some  of  the  most  vocal  congressional 


461 

critics  of  the  regional  courts,  however,  have  themselves  been  implicated  in  those 
courts'  investigations  into  the  purchase  of  political  protection  by  the  Cali  narcotics 
cartel. 

The  U.N.  Committee  on  Human  Rights  and  the  lACHR  urged  the  Government  to 
abolish  the  regional  judicial  system  and  ensure  that  all  trials  adhere  to  due  process 
norms.  The  Legal  Statute  of  Justice  sets  a  June  1999  deadline  to  disband  the  re- 
gional court  system. 

In  an  attempt  to  deal  with  impunity,  the  Prosecutor  General  in  October  1995  cre- 
ated a  special  Human  Rights  Unit  as  part  of  the  regional  courts  system.  The  unit 
achieved  significant  results;  its  group  of  25  anonymous  prosecutors  addressed  sev- 
eral hundred  cases  involving  massacres,  extrajudicial  killings,  kidnapings,  and  ter- 
rorism. They  issued  arrest  warrants  against  members  of  the  public  security  forces, 
paramilitary,  guerrilla,  and  drug  trafficking  organizations  and  successfully  arrested 
dozens  of  those  suspects  by  year's  end,  including  those  charged  with  the  May  19 
CINEP  murders  (see  Sections  l.a.  and  4). 

Paramilitary  groups  and  guerrillas  continued  to  target  and  kill  judicial  and  crimi- 
nal investigative  employees  for  their  efforts  to  enforce  the  rule  of  law.  In  August 
the  Bogota  regional  court  indicted  in  absentia  24  national  and  regional  leaders  of 
the  FARC  on  charges  of  rebellion,  terrorism,  and  kidnaping.  Although  top  military 
leaders  hailed  the  cases  brought  against  guerrilla  leaders,  they  strongly  objected, 
and  in  some  cases  tried  to  obstruct,  prosecution  of  cases  against  members  of  the 
armed  forces  and  of  paramilitary  organizations. 

The  Government  states  that  it  does  not  hold  political  prisoners.  The  ICRC  re- 
ported that  it  monitored  approximately  3,000  cases  of  imprisoned  citizens  accused 
of  terrorism,  rebellion,  or  aiding  and  abetting  the  insurgency,  which  are  crimes  pun- 
ishable under  law.  It  is  likely,  however,  that  a  number  of  those  persons  were  con- 
victed by  regional  courts  without  the  full  due  process  benefits  of  a  fair  public  trial. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
generally  requires  a  judicial  order  for  authorities  to  enter  a  private  home,  except 
in  cases  of  hot  pursuit.  The  Ministry  of  Defense  continued  training  public  security 
forces  in  legal  search  procedures  that  comply  with  constitutional  and  human  rights. 
Defense  Ministry  officials  complained,  however,  that  in  the  absence  of  evidentiary 
proof  collected  directly  by  prosecutors,  guerrilla  suspects  the  security  forces  capture 
in  or  out  of  battle  and  turn  over  to  judicial  authorities  are  routinely  freed  due  to 
a  lack  of  juridically  acceptable  evidence. 

A  judicial  order  or  the  approval  of  a  prosecuting  attorney  is  required  to  authorize 
the  interception  of  mail  or  monitoring  of  either  landline  or  cellular  telephones.  This 
protection  extends  to  prisoners  held  in  jails.  However,  various  state  authorities 
sometimes  monitor  telephones  without  obtaining  prior  authorization. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— The  internal  armed  conflict  and  narcotics  trafficking  are  the  central  causes 
of  violations  of  human  rights  and  humanitarian  law.  Government  security  forces 
violated  international  humanitarian  law,  and  paramilitary  and  guerrilla  groups,  in 
particular,  committed  numerous  abuses.  The  ICRC  reported  that  the  Government, 
including  military  authorities,  followed  an  open-  door  policy  toward  the  ICRC  and 
readily  incorporated  Red  Cro.ss  curriculums  on  international  humanitarian  law  in 
standard  military  training.  A  persistent  emphasis  by  the  army  on  body  counts  as 
a  means  of  assessing  field  performance  is  a  main  contributing  cause  of  government 
violations  of  international  humanitarian  law.  With  rare  exceptions,  according  to 
military  sources,  local  commanders  typically  preferred  to  transfer  or  discharge  sol- 
diers accused  of  serious  human  rights  violations,  rather  than  initiate  court  martial 
proceedings. 

The  U.N.  Committee  on  Human  Rights  noted  in  May  that,  although  the  decree 
authorizing  "public  order  zones"  had  expired  in  November  1996,  the  public  security 
forces  in  some  cases  continued  to  exercise  special  powers  over  the  civilian  population 
and  authorities,  including  judicial  authorities.  The  Committee  expressed  particular 
concern  for  "the  fact  that  the  military  exercise  the  functions  of  investigation,  arrest, 
detention  and  interrogation." 

In  zones  where  the  guerrillas  were  active,  such  as  the  Sierra  Nevada  and  Valle 
de  Cauca,  the  public  security  forces  often  suspected  the  indigenous  population  of 
complicity  with  narcotics  traffickers  and  guerrillas.  In  September  and  October,  the 
military  conducted  a  sustained  joint  air-land  operation  against  the  FARC,  primarily 
in  the  Yari  region  of  Meta,  Guaviare,  and  Caqueta  departments.  On  September  5, 
Escolastico  Ducuara,  the  indigenous  governor  of  the  Pijao  ethnic  community,  criti- 
cized the  aerial  bombardment  of  an  indigenous  community  near  San  Vicente  del 
Chagran,  Caqueta  department.  Although  General  Gabriel  Eduardo  Contreras  pub- 
licly rejected  the  reports  as  rumors,  a  subsequent  field  investigation  by  the  National 


462 

Human  Rights  Ombudsman  confirmed  that  there  had  been  indiscriminate  bombings 
by  the  militaiy  in  the  indigenous  communities  of  Pijao,  Piratapuyo,  and  Tucano. 

Data  compiled  by  the  System  of  Information  on  Households  Displaced  by  Violence 
(SISDES)  snowed  that  in  1996  the  public  security  forces  were  responsible  for  16  per- 
cent of  forced  displacements. 

The  Government  initiated  a  program  in  December  1994  to  organize  and  register 
civilian  rural  defense  cooperatives,  known  collectively  as  Convivir,  which  were  to 
provide  counter-  insurgency  intelligence  to  local  police  and  military  commanders. 
The  Government  acknowledged  approximately  440  such  groups  in  21  of  the  nation's 
32  departments  by  mid-year.  Credible  outside  observers,  however,  placed  the  num- 
ber at  more  than  700.  Although  the  authorities  originally  intended  these  groups  to 
be  unarmed,  they  subsequently  authorized  an  undetermined  number  to  carry  small 
arms  in  self-defense.  Other  Convivir  groups  were  clearly  operating  outside  the  terms 
of  the  law,  as  they  were  armed  with  rifles,  shotguns,  machine  guns,  and  other  weap- 
onry, much  of  it  authorized,  sold,  or  otherwise  provided  to  them  by  the  military. 

Antioquia's  governor  testified  before  the  U.N.  Human  Rights  Commission  in  July 
in  support  of  the  Convivir  groups  as  a  legal  manifestation  of  the  civilian  popu- 
lations legitimate  right  to  self-defense  in  the  face  of  rising  guerrilla  violence.  A 
number  oi  observers  and  ofTicials  also  argued  that  the  Government's  efforts  to  com- 
bat the  guerrillas  would  inevitably  be  less  discriminate,  and  result  in  greater 
human  rights  abuses,  without  the  active  participation  of  members  of  the  public,  es- 
pecially in  providing  intelligence  information  to  the  police  and  military. 

The  Ombudsman  s  1997  report  to  Congress,  however,  reiterated  his  ofTice's  opposi- 
tion to  the  Convivir  program,  on  the  grounds  that  it  involved  citizens  in  the  armed 
conflict,  stripped  them  of  their  protected  status,  and  converted  them  into  legitimate 
targets  of  attack.  Both  President  Samper  and  the  official  in  charge  of  registering 
and  overseeing  the  Convivir  conceded  in  August  that  state  oversight  of  the  Convivir 
was  both  necessary  and  lacking.  In  a  4-to-5  ruling  on  November  7,  the  Constitu- 
tional Court  determined  that  the  Convivir  were  a  constitutional  means  for  combat- 
ing guerrillas,  but  that  the  Convivir  must  relinquish  rifles,  machine  guns,  and  other 
restricted  weaponry  in  their  possession. 

The  many  paramilitary  groups  are  diverse  in  their  motivations,  structure,  leader- 
ship, and  ideology,  although  the  April  establishment  of  the  United  Self-defense 
Groups  of  Colombia  (AUC)  as  a  national  umbrella  organization  was  clearly  designed 
both  to  provide  a  national  structure  and  to  develop  a  more  coherent  political  culture 
for  the  nation's  local  and  regional  paramilitary  groups.  The  victims  of  paramilitary 
killings  were  typically  unarmed,  noncombatant  civilians.  Paramilitary  groups  sought 
the  death  or  displacement  of  civilians  as  punishment  for  perceived  ties  to  the  guer- 
rillas. The  paramilitary  groups  centered  tneir  actions  in  selective  killings,  intimida- 
tion, and  the  forced  displacement  of  persons  not  directly  involved  in  the  hostilities. 
They  targeted  teachers,  labor  leaders,  community  activists,  mayors  of  towns  and  vil- 
lages, town  council  members,  and,  above  all,  peasants  whom  they  accused  of  sup- 
porting the  leftist  guerrillas.  A  number  of  these  victims  included  members  of  indige- 
nous communities,  and  paramilitary  forces  were  responsible  for  the  July  massacre 
of  15  indigenous  persons.  Despite  the  continuing,  alarming  rise  in  paramilitary  ac- 
tivity since  1992,  the  military  has  failed  to  give  priority  to  confronting  these  illegal 
groups. 

According  to  the  independent  Advisory  Committee  for  Human  Rights  and  Dis- 

f)lacements,  some  257,000  persons  were  forcibly  displaced  from  their  nomes  by  vio- 
ence  during  1997;  the  total  number  of  internally  displaced  citizens  during  1995- 
97  exceeds  525,000.  It  remains  unclear,  however,  how  many  displacements  become 
permanent.  Some  people  return  home  within  a  few  days  or  weeks,  while  an  undeter- 
mined number  are  permanently  displaced  and  forced  to  resettle  in  other  regions  of 
the  country.  Forced  displacement  of  civilian  populations  has  become  an  integral  part 
of  the  strategy  employed  by  some  paramilitary  forces.  They  employed  terror  cam- 
paigns in  some  cases  to  depopulate  communities  believed  to  be  loyal  to  leflist  guer- 
rillas; in  other  cases,  the  paramilitary  groups  loyal  to  large  economic  interests  (often 
including  narcotics  traffickers)  displaced  populations  so  that  valuable  land  and  eco- 
nomic assets  could  then  be  purchased  very  cneaply. 

Data  compiled  by  the  SISDES  showed  that  in  1996  paramilitary  organizations 
were  responsible  for  32  percent  of  forced  displacements.  According  to  the  Colombian 
Red  Cross,  some  75  percent  of  the  urban  population  of  Riosucio,  Choco  department, 
and  various  nearby  hamlets — some  15,000  persons  in  all — were  forcibly  displaced 
during  March  and  April.  The  Uraba  region  ol  Antioquia  and  Choco  departments  suf- 
fered the  greatest  displacements  on  a  per  capita  basis.  According  to  the  Advisory 
Committee  for  Human  Rights  and  Displacement,  mass  displacements  occurred  in 
208  municipalities  in  27  departments,  with  residents  of  Antioquia  constituting  31 
percent  of  all  displaced  persons.  More  than   120,000  citizens  were  internally  dis- 


463 

§  laced  during  the  first  7  months  of  1997.  On  July  2,  the  Archbishop  of  Santa  Fe 
e  Antioquia  criticized  the  paramilitary  order  not  to  sell  foodstuffs  to  the  residents 
of  Frontino,  Dabeiba,  and  Canas  Gordas,  declaring  that  12,000  persons  were  being 
put  at  risk  of  having  to  relocate  in  order  to  obtain  food — the  clear  intent  of  the  para- 
military edict. 

Paramilitary  groups  and  guerrilla  organizations  continued  to  pursue  strategies 
that  routinely  violated  citizens'  rights.  Their  tactics  consistently  included 
extrajudicial  killings,  kidnaping,  torture,  targeting  of  civilian  populations  and  instal- 
lations, and  the  forced  recruitment  of  children  under  the  age  oi  15.  Once  recruited, 
child  guerrillas  are  virtual  prisoners  of  their  commanders  and  subject  to  various 
forms  of  abuse.  Sexual  abuse  of  young  girls  is  a  particular  problem.  Guerrillas  also 
were  responsible  for  the  continuing  indiscriminate  deployment  of  landmines,  often 
resulting  in  the  killing  or  maiming  of  civilian  noncombatants. 

SISDES  data  showed  that  in  1996  guerrilla  organizations  were  responsible  for  26 
percent  of  forced  displacement  of  civilians.  Three  main  communist  guerrilla  ar- 
mies— the  FARC,  the  ELN,  and  EPL — commanded  an  estimated  total  of  10,000  to 
15,000  full-time  guerrillas  operating  in  more  than  100  fronts  in  an  estimated  30  of 
the  nation's  32  departments.  Tied  loosely  into  the  Simon  Bolivar  Coordinating 
Group,  these  groups  exercised  a  degree  of  influence  in  57  percent  of  the  nation's 
1,071  municipalities. 

On  Septeniber  3,  FARC  forces  attacked  the  Guatape  hydroelectric  facility,  one  of 
the  nation's  largest  power  plants.  The  attackers  included  a  large  number  of  child 
guerrillas;  according  to  plant  employees  and  other  witnesses,  some  were  as  young 
as  8  years  of  age.  As  part  of  their  attempts  to  disrupt  the  October  26  elections,  ELN 
guerrillas  attempted  to  use  a  9-year-old  child  to  deliver  a  33-pound  bomb  to  a  poll- 
ing place  in  Cucuta  on  election  day  (see  also  Section  3). 

A  FARC  car  bomb  placed  in  front  of  the  El  Pescador  Hotel  in  Apartado,  Antioquia, 
on  February  27  killed  11  persons  and  wounded  53.  Two  ELN  car  bombs  on  March 
16  in  Cucuta  killed  an  18-monih-old  child  and  injured  four  other  persons.  Another 
ELN  car  bomb  the  same  day  in  Saravena,  Arauca,  killed  four  persons  and  wounded 
five. 

A  FARC  letter  bomb  sent  on  April  14  to  former  EPL  leader  Mario  Agudelo 
Vasquez  in  Antioquia  killed  his  son  when  the  youth  opened  the  package.  A  second 
letter  bomb,  sent  the  next  day  to  a  former  EPL  member  since  elected  to  the 
Apartado  city  council,  was  defused  by  police.  The  bombings  were  part  of  the  FARC's 
continuing  revenge  campaign  against  former  guerrillas  who  had  signed  peace  ac- 
cords with  the  Government. 

The  Caoueta  departmental  ombudsman  announced  on  September  12  that  the 
FARC  haa  killed  nine  members  of  the  Koreguaie  tribe  from  the  San  Jose  del 
Cuerazo  indigenous  reserve,  including  Alejandro  Piranga,  governor  of  the  reserve. 
The  southern  bloc  of  the  FARC  had  previously  threatened  64  Koreguaje  with  death 
for  their  supposed  support  for  the  army.  In  August  the  FARC  killed  13  Koreguaje 
leaders  from  the  nearby  San  Luis  and.  Aguas  Negras  reserves.  Ombudsman  Jose 
Fernando  Castro,  who  noted  that  the  remaining  survivors  of  the  San  Luis  reserve 
consisted  only  of  2  adult  men,  19  women,  and  some  100  children,  reiterated  his  ap- 
peal to  the  guerrillas  that  they  respect  the  neutrality  of  the  indigenous  communities 
and  not  involve  them  in  the  armed  conflict. 

Both  paramilitary  and  guerrilla  groups  were  responsible  for  multiple  violations  of 
the  protected  status  of  religious  and  medical  personnel,  of  the  wounded,  and  of  the 
emblem  of  the  Red  Cross.  On  several  occasions  during  the  year,  paramilitary  forces 
in  Putumayo  forcibly  entered  ambulances  and  hospitals  in  order  to  kill  wounded 
persons  receiving  medical  care.  Several  ambulances  were  fired  upon,  stolen,  and 
subsequently  used  to  transport  armed  paramilitary  members  or  guerrillas.  On  Octo- 
ber 30,  the  police  deactivated  an  ambulance  filled  with  220  pounds  of  explosives. 
The  FARC,  which  had  stolen  the  vehicle  earlier  in  Colon,  Putumayo,  had  rigged  the 
explosives  to  detonate  when  the  ignition  key  was  turned.  On  October  25,  Catholic 
priest  Antonio  Bedoya  was  killed  in  the  doorway  to  his  church  in  San  Francisco, 
Antioquia,  after  ELN  guerrillas  opened  fire  on  the  departing  helicopter  of  the  de- 
partment's governor.  That  same  day,  FARC  guerrillas  in  Meta  department  an- 
nounced the  kidnaping  of  Hector  Julio  Lopez,  the  Catholic  Bishop  of  Ariari. 

ELN  guerrillas  kidnaped  the  Bishop  oi  Tibu,  Norte  de  Santandcr  (along  with  the 
mayor  and  mayor-elect)  in  November,  releasing  all  three  in  December.  On  December 
9,  the  FARC  killed  Catholic  priest  Damuel  Calderon  in  El  Calvario,  Meta. 

According  to  statistics  compiled  by  CINEP  and  Justice  and  Peace,  guerrillas  were 
responsible  for  killing  at  least  256  civilians  outside  of  combat  during  the  first  9 
months  of  the  year.  In  the  continuing  struggle  for  control  of  the  narcotics  and  arms 
smuggling  Uraba  corridor,  the  guerrillas'  retaliation  for  paramilitary  successes  in 
driving  them  from  a  longtime  position  of  unrivaled  dominance  involved  the  regular 


464 

victimization  of  innocent  civilians,  although  some  direct  clashes  with  paramilitary 
units  did  occur.  To  justify  summary  executions  of  civilians,  guerrillas  typically 
claimed  that  their  victims  either  were  military  informants  or  that  they  simply  re- 
fused to  support  the  guerrillas'  operations. 

The  FARC  released  70  soldiers  and  marines  on  June  15  through  the  good  offices 
of  the  ICRC  and  the  Catholic  Church-backed  National  Conciliation  Commission.  The 
60  soldiers  had  been  held  since  August  31,  1996,  when  the  guerrillas  overran  the 
military  base  at  Las  Delicias,  Putumayo  department.  The  10  marines  were  captured 
on  January  17  in  Choco  department.  The  release  of  the  military  personnel  came 
about  only  after  the  President  yielded  to  the  guerrillas'  demand  to  "demilitarize"  for 
1  month  an  estimated  5,000  square  miles  oi  Putumayo  and  Caqueta  departments 
dominated  by  the  guerrillas  and  the  production  of  coca. 

After  months  of  oeing  in  the  crossfire  between  the  army,  paramilitary  forces,  and 
FARC,  ELN,  and  EPL  guerrillas,  the  inhabitants  of  San  Jose  de  Apartado,  Uraba, 
and  22  outlying  hamlets,  with  the  support  of  the  Catholic  Church,  declared  them- 
selves on  March  23  to  be  a  neutral  "peace  community" — off-limits  to  all  participants 
in  the  armed  conflict.  The  threats  from  the  army,  paramilitary  groups,  and  guerril- 
las came  almost  immediately;  by  March  31,  10  inhabitants  had  been  killed.  On  July 
4,  citizens  identified  several  persons  debarking  from  army  helicopters  as  frequent 
watchstanders  at  the  paramilitary  roadblock  on  the  edge  of  town,  including  the  man 
responsible  for  the  May  17  detention  (and  subsequent  execution)  of  Francisco 
Tabarquino,  a  member  oi  the  peace  community's  organizing  committee. 

On  October  6,  armed  members  of  the  FARC's  58th  front  confronted  some  20  resi- 
dents of  San  Jose  de  Apartado  and  verbally  abused  them  for  refusing  to  provide  the 
FARC  with  food,  lodging,  equipment,  or  intelligence.  The  guerrillas  then  ordered  the 
group  to  depart,  but  detained  Ramiro  Correa,  a  member  of  the  community  council, 
as  well  as  Luis  Fernando  Espinoza  and  Fernando  Aguirre.  The  ICRC  recovered  the 
bodies  of  the  three  local  leaders  the  next  morning,  bringing  the  total  number  killed 
in  San  Jose  de  Apartado  to  41  since  March  23. 

The  FARC  continued  its  campaign  of  killings  against  the  legal  Hope,  Peace,  and 
Freedom  Movement,  whose  members  had  left  the  EPL  following  the  1991  peace  ac- 
cord signed  with  the  Government. 

Guerrillas  killed  more  than  24  mayors  or  mayoral  candidates  during  the  year, 
compared  with  14  in  1996,  according  to  the  Colombian  Federation  of  Municipalities. 
More  than  200  incumbents  or  candidates  for  public  office,  of  all  political  orienta- 
tions, were  killed  in  political  violence  during  the  year,  as  the  FARC,  ELN,  and  EPL 
guerrilla  groups  all  publicly  declared  their  armed  opposition  to  electioneering  in 
areas  they  controlled — or  attempted  to  control.  Guerrillas  kidnaped  at  least  60  may- 
ors or  mayoral  candidates;  many  scores  of  candidates  for  lesser  local  ofilces  were 
also  abducted.  The  FARC,  in  particular,  orchestrated  a  massive  military  and  terror- 
ist campaign  against  political  candidates  and  the  electoral  process.  In  addition  to 
its  traditional  objective  to  undermine  the  State's  presence  and  authority  in  con- 
tested areas,  the  FARC  in  some  cases  also  sought  to  win  control  of  a  number  of 
mayoralties  (and  municipal  coffers)  by  eliminating  competition  to  candidates  who 
were  actually  members  of  the  FARC's  clandestine  political  party,  the  Bolivarian 
Movement  for  a  New  Colombia,  which  was  formed  in  1993. 

The  guerrilla  groups  launched  armed  strikes,  burned  public  transport  vehicles, 
and  targeted  political  candidates,  incumbents,  party  headquarters,  electoral  work- 
ers, and  institutions.  On  September  8,  guerrillas  bombed  various  party  head- 
quarters in  the  cities  of  Bogota,  Medellin,  Cucuta,  and  Puerto  Lleras.  Guerrillas  also 
attacked  or  bombed  more  than  25  offices  of  the  National  Electoral  Council  during 
August,  September,  and  October,  and  targeted  civilians  who  had  been  assigned  to 
serve  as  officials  at  voting  stations. 

Guerrilla  threats  forced  more  than  2,000  of  the  42,500  candidates  nationwide  to 
withdraw,  including  all  4  candidates  for  the  governorship  of  Putumayo.  The  Govern- 
ment refused  to  accept  most  of  the  resignations,  however,  saying  that  they  came 
after  the  August  24  deadline  for  withdrawing  candidacies.  According  to  the  Federa- 
tion of  Municipalities,  at  least  75  municipalities  were  left  without  any  candidates 
for  mayor.  At  least  20  municipalities  were  left  without  candidates  for  town  council; 
18  of  these  were  also  without  mayoral  candidates. 

On  August  15,  the  ELN  kidnaped  the  mayor  of  San  Pablo,  Bolivar  department, 
along  with  three  mayoral  candidates  and  eight  city  council  members.  The  same  day 
in  Simiti,  Bolivar,  the  FARC  and  ELN  jointly  kidnaped  eight  of  nine  city  council 
members,  a  mayoral  candidate,  a  candiaate  for  city  council,  and  the  town's  treas- 
urer. The  Simiti  council  members  plus  23  candidates  were  freed  on  August  26  after 
being  offered  a  choice:  withdraw  from  politics  or  die.  They  withdrew. 

The  mayor  of  Simiti,  Ubaldo  de  Jesus  Lopez,  had  Hed  the  town  in  July,  following 
the  June  30  joint  assault  on  the  town  by  FARC  and  ELN  guerrillas,  which  resulted 


465 

in  the  deaths  of  three  policemen  and  the  abandonment  of  the  town  by  the  police 
and  the  army.  Lopez,  as  well  as  the  mayors  of  Tiquisito,  Rio  Viejo,  and  Morales, 
all  relocated  to  Cartagena,  following  threats  from  paramilitary  groups  and  from 
guerrillas.  Paramilitary  representatives  threatened  to  depopulate  the  towns,  which 
they  considered  guerrilla  support  bases.  At  least  10  mayoral  candidates  and  68 
council  candidates  withdrew  in  Bolivar,  primarily  in  the  southern  part  of  the  de- 
partment. 

Following  similar  FARC  kidnapings  and  threats,  candidates  for  mayor  and  coun- 
cils in  10  of  Caqueta's  16  municipalities  withdrew  on  August  29,  and  appealed  for 
the  national  Government  to  postpone  the  elections  until  security  could  be  ensured. 
A  total  of  298  council  members  in  Cesar  department  withdrew  their  candidacies  the 
same  week. 

In  a  move  opposed  by  military  commander  General  Bonett,  Antioquia's  governor 
temporarily  appointed  lour  military  officers  as  mayors  on  September  2,  following  the 
FARC  kidnaping  of  the  elected  mayors,  who  were  released  several  days  later.  East- 
em  Antioquia  was  particularly  affected.  The  Roman  Catholic  Diocese  of  Sonson-Rio 
Negro  announced  in  September  that  of  the  21  municipalities  in  the  diocese,  guerrilla 
threats  forced  all  the  candidates  to  withdraw  in  13  municipalities. 

ELN  guerrillas  killed  Liberal  Party  Senator  Jorge  Cristo  and  his  bodyguard  in 
Cucuta,  Norte  de  Santander,  on  August  8.  Following  the  paramilitary  takeover  of 
Mapiripan,  Meta  department,  in  July,  all  candidates  for  local  elections  withdrew 
their  names. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  the 
press;  although  the  Government  generally  respected  this  right  in  practice,  there 
were  significant  exceptions.  Journalists  practiced  self-censorship.  However,  the  pri- 
vately owned  print  media  published  a  wide  spectrum  of  political  viewpoints  and 
often  voiced  harsh  antigovernment  opinions  without  administrative  reprisals.  The 
media  continued  to  operate  under  a  government  ban  against  publication  of  the  text 
of  guerrilla  communiques. 

The  Samper  administration  was  quick  to  apply  pressure  on  the  media  when  its 
core  interests  were  threatened.  Self-censorship  was  common,  either  to  curry  favor 
with  the  Government  or  to  avoid  political  or  economic  retaliation.  The  Ministers  of 
Communications  and  Mining  were  forced  to  resign  on  August  19,  after  a  leaked  tape 
recording  revealed  that  they  had  conspired  to  reward  40  of  80  FM  radio  licenses  to 
political  supporters  of  the  President.  In  October  the  Directorate  of  Prisons  (a  direct 
dependency  of  the  Ofiice  of  the  Presidency)  forcibly  obstructed  a  television  interview 
with  a  recently  released  prisoner,  Santiago  Medina,  President  Samper's  former  cam- 
peiign  treasurer,  who  accused  Samper  of  having  sought  and  accepted  $6  million  from 
the  Call  drug  cartel.  (The  interview  was  subsequently  conducted  from  the  open  win- 
dow of  an  apartment  building  adjacent  to  Medina's  apartment.) 

In  a  5-to-4  decision  on  July  29,  the  Constitutional  Court  gave  its  approval  to  most 
of  the  December  1996  law  that  granted  the  Government  and  Congress  unprece- 
dented powers  over  national  television  programming.  Although  the  Court  struck 
down  the  most  restrictive  provision  of  the  Taw — which  directed  the  Government's 
National  Television  Commission  (CNTV)  to  evaluate  the  license  holders  of  television 
news  programs  on  the  three  national  (government-owned)  channels  and  sanction 
those  that  did  not  meet  the  Government's  vaguely  defined  standards  of  "objectiv- 
ity"— it  upheld  the  rest  of  the  law.  Senator  Martha  Catalina  Daniels,  leader  of 
Samper's  supporters  in  Congress,  publicly  boasted  that  "the  newscasts  and  other  tel- 
evision contractors  are  not  free  .  .  .  Thus  the  intervention  of  the  State  in  this  field 
ensures  truthful  and  impartial  news  reporting." 

The  1996  television  law  includes  a  number  of  elements  clearly  designed  to  elimi- 
nate troubling  news  coverage  of  a  scandal-ridden  administration,  to  reward  the  ad- 
ministration's powerful  backers  for  remaining  loyal,  and  to  infiuence  news  coverage 
during  the  1997-98  electoral  season.  The  law  also  terminated  the  contracts  for  10 
private  news  programs  before  the  end  of  1997  and  required  them  to  bid  again  for 
the  right  to  continue  broadcasting.  It  opened  the  door  to  the  creation  of  two  new 
private  television  channels,  which  are  expected  to  fall  under  the  ownership  of  eco- 
nomic conglomerates  that  have  historically  paid  for  a  privileged  relationship  with 
whatever  government  is  in  power. 

The  dissenting  judges  noted  that  the  abrupt  termination  of  the  existing  contracts 
for  news  programs,  which  had  been  established  with  the  assumption  of  their  even- 
tual extension  for  up  to  12  years,  would  discourage  private  investment  in  television 
and  punish  those  who  had  already  made  substantial  investments  on  the  basis  of 
their  renewable — now  abrogated — contract.  This  sudden  change  of  rules,  they  ar- 


466 

gued,  violated  the  fundamental  principle  of  good  faith  between  the  State  and  the 
citizenry. 

The  new  television  law — originally  launched  by  Samper  supporters  in  Congress 
widely  believed  to  be  in  the  pay  of  the  Cali  Cartel — is  regarded  as  political  retalia- 
tion tor  media  investigations  into  narcotics  corruption  in  the  Samper  administra- 
tion, particularly  President  Samper's  ties  to  the  Cali  Cartel.  The  co-owner  of  QAP 
News,  Nobel  laureate  Gabriel  Garcia  Marquez,  called  the  television  law  fundamen- 
tally a  smokescreen  to  destroy  or  expropriate  QAP.  In  the  wake  of  the  FM  radio 
licensing  scandal,  QAP  News  announcea  its  intention  to  refuse  to  pursue  its  pro- 
posal to  renew  its  television  broadcast  license,  convinced  that  the  Samper  adminis- 
tration would  never  authorize  it. 

On  October  27,  the  CNTV  fmed  QAP  $80,000  (100  million  pesos)  for  having  with- 
drawn its  application.  That  same  day  CNTV  not  only  awarded  5  of  the  10  news  li- 
censes— including  the  most  lucrative  slots — to  families  of  former  presidents,  but  also 
gave  3  of  the  licenses  to  close  personal  friends  of  President  Samper. 

Other  government  efforts  to  influence  the  media  included  occasional  calls  on  patri- 
otic grounds  to  limit  negative  reporting  that  might  hurt  the  country's  image  in  the 
world.  The  Government  imposed  some  restrictions  on  electronic  media  coverage  of 
incidents  of  public  disorder  and  of  drug-related  or  terrorist  activity  and  reserved  the 
right  to  prohibit  coverage  of  certain  news  events  that  could  afTect  state  security. 

All  citizens  have  the  right  to  seek  a  judicial  injunction  or  motion  ("tutela  ")  in 
cases  involving  violations  of  constitutional  rights.  This  provides  all  persons  and  or- 
ganizations, including  the  media,  with  a  mechanism  to  denounce  botn  governmental 
or  private  violations  of  fundamental  rights. 

Both  Colombian  and  international  journalists  typically  work  in  an  atmosphere  of 
threats  and  intimidation.  The  body  of  Freddy  Elles,  a  photographer  for  Bogota's  El 
Espectador  newspaper,  was  found  on  March  19  in  Cartagena;  he  had  been  hand- 
cufied,  tortured,  and  stabbed  to  death.  Gerardo  Bedoya  Borrero,  editorial  director 
of  Call's  El  Pais  newspaper,  was  shot  and  killed  on  March  20.  Bedoya,  a  former  con- 
gressman and  the  cousin  of  General  Harold  Bedoya,  then  Acting  Defense  Minister, 
had  criticized  President  Samper  for  accepting  Cali  drug  cartel  money  and  was  a 
vocal  critic  of  the  corrosive  influence  of  tne  drug  trade  on  all  facets  of  Colombian 
life.  That  same  day,  an  anonymous  caller  threatened  to  kill  Francisco  Santos,  an 
editor  of  Bogota's  El  Tiempo  newspaper,  and  blow  up  the  newspaper's  ofiice.  Santos, 
who  had  been  kidnaped  and  held  for  several  months  in  1990  ty  the  Medellin  drug 
cartel,  attributed  the  threats  to  drug  tralTickers  angry  with  the  paper's  coverage.  A 
car  bomb  containing  approximately  550  pounds  of  dynamite  was  deactivated  on  Sep- 
tember 3  in  front  of  the  ofTices  of  Medellin's  El  Mundo  newspaper.  The  narcotics 
traffickers  collectively  known  as  'The  Extraditables"  claimed  responsibility  and 
threatened  to  conduct  more  such  attacks  if  extradition — then  under  consideration  by 
the  Congress — were  reinstated.  Seven  journalists  were  killed  in  separate  attacks 
during  the  year. 

The  Jaime  Bateman  Cayon  movement,  a  small  splinter  group  of  the  long-demobi- 
lized M-19  movement,  claimed  responsibility  for  the  kidnaping  on  December  4  in 
Bogota  of  William  Parra,  the  President's  press  spokseman,  and  Luis  Eduardo 
Maldonado,  a  prominent  radio  journalist.  The  FARC  kidnaped  four  other  journalists 
on  December  13,  the  same  day  that  the  Jaime  Bateman  Cayon  group  released  Parra 
and  Maldonado. 

The  Government  generally  respected  academic  freedom,  and  there  exists  a  wide 
spectrum  of  political  activity  throughout  the  country's  universities.  Paramilitary 
groups  and  guerrillas,  however,  often  targeted  teachers  at  the  elementary  and  sec- 
ondary levels  in  areas  of  conflict.  The  National  Federation  of  Educators  reported 
that  23  teachers  had  been  killed  and  another  6  disappeared  in  the  first  half  oi  1997, 
primarily  in  Antioquia  and  Cordoba  departments.  University-level  academics  en- 
gaged in  study  of  either  the  internal  conflict  or  human  rights  were  also  similarly 
targeted. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly,  and  the  Government  respects  these  rights  in  practice. 
The  authorities  do  not  normally  interfere  with  public  meetings  and  demonstrations 
and  usually  grant  the  required  permission  except  when  they  determine  that  there 
is  imminent  danger  to  public  order. 

The  Constitution  provides  for  freedom  of  association,  and  the  Government  re- 
spects this  right  in  practice.  Any  legal  organization  is  free  to  associate  with  inter- 
national groups  in  its  field.  Membership  in  proscribed  organizations,  such  as  the 
FARC,  ELN,  and  EPL,  is  a  crime. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  complete  religious  freedom, 
and  the  Government  respects  this  right  in  practice.  There  is  little  reHgious  discrimi- 
nation. Roman  Catholic  religious  instruction  is  no  longer  mandatory  in  state  schools. 


467 

and  a  1994  Constitutional  Court  decision  declared  unconstitutional  any  ofTicial  gov- 
ernment reference  to  religious  characterisations  of  the  country.  The  Government 
permits  proselytizing  among  the  indigenous  population,  provided  that  it  is  welcome 
and  does  not  induce  members  of  indigenous  communities  to  adopt  changes  that  en- 
danger their  survival  on  traditional  lands.  The  law  on  the  freedom  of  cults  provides 
a  mechanism  for  religions  to  obtain  the  status  of  recognized  legal  entities. 

Both  Jehovah's  Witnesses  and  the  Mennonite  Church  encountered  problems  be- 
cause of  the  pacifist  nature  of  their  churches.  Jehovah's  Witnesses  complained  of  in- 
ability to  perform  alternative  service  to  military  conscription,  despite  the  military's 
own  legal  procedures  providing  for  it.  In  April  the  Ministry  of  Education  temporarily 
suspended  a  December  1996  order  to  close  the  Mennonite  biblical  seminary  and 
Justapaz,  a  church-sponsored  human  rights  group.  By  year's  end,  however,  Mennon- 
ite seminarians  still  were  being  forced  into  military  conscription. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  citizens  with  the  right  to  travel  domestically 
and  abroad.  Outsiders  who  wish  to  enter  Indian  tribes'  reserves  must  be  invited. 
In  areas  where  counter-  insurgency  operations  were  underway,  police  or  military  of- 
ficials occasionally  required  civilians  to  obtain  safe-conduct  passes;  guerrillas  and 
paramilitary  forces  often  used  similar  means  to  restrict  travel  in  areas  under  their 
control.  Guerrilla  incursions,  military  counter-insurgency  operations,  forced  con- 
scription by  paramihtary  and  guerrilla  organizations,  and  land  seizures  instigated 
by  wealthy  individuals  or  narcotics  traffickers  often  forced  peasants  to  flee  their 
homes  and  farms. 

Colombia  has  had  a  tradition  of  providing  asylum  since  the  1920's.  During  the 
1970's,  Colombia  granted  asylum  to  Argentine,  Chilean,  Uruguayan,  and  Para- 
guayan citizens  seeking  refuge  from  dictatorial  regimes  in  their  own  countries.  The 
right  to  asylum,  under  terms  established  by  law,  is  provided  for  in  the  1991  Con- 
stitution. 

The  Government  cooperates  with  the  Office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  and  other  humanitarian  organizations  in  assisting  refugees  and 
internally  displaced  persons.  In  June  the  Government  formally  invited  the  UNHCR 
to  establish  an  ongoing  presence  in  the  country.  The  Government  reserves  the  right 
to  determine  eligibility  lor  asylum,  based  upon  its  own  assessment  of  the  nature  of 
the  persecution  an  applicant  may  have  suuered.  Some  58  individuals  from  13  na- 
tions applied  for  refugee  status  during  the  first  half  of  the  year.  The  issue  of  the 
provision  of  first  asylum  did  not  arise.  There  were  no  reports  of  the  forced  expulsion 
of  persons  having  a  valid  claim  to  refugee  status  to  a  country  where  they  feared 
persecution. 

With  the  assistance  of  the  Colombian  Government,  some  325  Colombians  were 
forcibly  returned  in  April  from  Panama,  where  they  had  fled  to  escape  paramilitary 
and  guerrilla  activities  in  the  neighboring  Colombian  departments  of  Choco  and 
Antioquia. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  for  the  right  of  citizens  to  change  their  government, 
and  citizens  exercise  this  right  in  regularly  scheduled  elections  by  secret  ballot. 
However,  critics  question  if  elections  have  been  fair,  point  out  that  vote  buying  has 
been  a  regular  feature  of  elections  in  some  regions,  and  that  President  Samper's 
1994  election  campaign  solicited  and  received  contributions  from  drug  traffickers. 

Presidential  elections  are  held  every  4  years,  with  the  incumbent  barred  for  life 
from  reelection.  The  Liberal  and  Conservative  parties  have  long  monopolized  the 
formal  political  process  with  one  or  the  other  customarily  winning  the  presidency. 
Public  employees  are  not  p>ermitted  to  participate  in  partisan  campaigns.  Ofiicially, 
all  political  parties  operate  freely  without  government  interference.  Those  that  fail 
to  gamer  50,000  votes  in  a  general  election  lose  the  right  to  present  candidates  and 
may  not  receive  funds  from  the  Government.  They  may  reincorporate  at  any  time, 
however,  by  presenting  50,000  signatures  to  the  National  Electoral  Board.  Voting 
is  voluntary  and  universal  for  citizens  aged  18  and  older,  except  for  active-duty 
members  of  the  police  and  armed  forces. 

Two  of  the  Senate's  102  seats  are  reserved  for  representatives  of  the  nation's  in- 
digenous communities,  while  the  100  other  senators  are  elected  on  the  basis  of  na- 
tional "at  large"  balloting.  Two  seats  in  the  165-member  House  of  Representatives 
are  reserved  for  each  department  and  the  capital  district;  additional  representation 
is  apportioned  through  the  use  of  a  complex  population-based  formula. 

On  October  26,  citizens  voted  for  departmental  governors  and  deputies,  municipal 
mayors,  and  members  of  town  councils  and  local  administrative  boards.  Due  to  secu- 
rity constraints,  however,  elections  could  not  be  held  in  at  least  33  of  the  nation's 


468 

1,071  municipalities,  including  the  rural  Sumapaz  zone  of  the  capital  district,  Santa 
Fe  de  Bogota.  Electoral  results  were  distorted  in  at  least  15  percent  of  the  nation's 
municipalities,  as  the  guerrillas'  campaign  of  threats,  kidnapings,  and  murders 
forced  the  withdrawal  of"  some  2,000  candidates  for  public  ofTice  (see  Section  l.g.). 

The  campaign  period  was  marred  by  a  high  level  of  paramilitary  violence,  and  an 
even  higher  level  of  guerrilla  violence,  designed  to  intimidate  both  voters  and  can- 
didates, despite  the  Government's  efforts  to  provide  electoral  security.  Vote-buying 
and  ballot-box  stuffing,  common  features  of  elections  in  some  regions,  continued.  On 
October  1,  National  Elections  Registrar  Orlando  Abello  publicly  criticized  the  fact 
that  vote  "manipulation,"  in  and  of  itself,  was  not  punishable  as  a  crime.  The  AUG 
paramilitary  movement  declared  a  ban  on  electioneering  by  those  candidates  it  de- 
termined were  in  league  with  the  guerrillas,  but  urged  the  citizenry  to  vote.  The 
AUG  said  that  it  interpreted  abstention  as  a  vote  for  the  guerrillas  and  threatened 
reprisals. 

The  demobilized  guerrillas  of  the  Revolutionary  Workers  Party  were  unable  to  file 
a  formal  list  of  candidates  in  Sucre  department,  as  seven  of  the  party's  candidates 
had  been  killed.  Despite  a  revenge  campaign  waged  by  the  FARC  against  their 
former  revolutionary  allies,  demobilized  EPL  guerrillas  won  the  mayoralties  of 
Apartado,  Garepa,  and  Turbo — the  three  key  municipalities  of  Uraba's  banana-grow- 
ing region,  an  area  considered  forcibly  "cleaned"  of  the  FARC's  long-time  presence 
by  a  sustained  offensive  by  paramilitary  forces. 

The  Government  invited  the  Organization  of  American  States  (OAS)  and  the  Eu- 
ropean Union  to  send  international  observers  to  monitor  the  elections.  ELN  guerril- 
las, however,  kidnaped  two  of  the  OAS  observers  and  a  Colombian  colleague  on  Oc- 
tober 23  in  Antioquia,  only  releasing  them  on  November  1.  Despite  the  security  limi- 
tations, the  results  were  widely  accepted  by  most  citizens  and  international  observ- 
ers. The  electorate  also  voted  overwhelmingly  in  favor  of  a  "mandate  for  peace,"  a 
nonbinding  plebescite  calling  for  national  peace  talks  and  strict  adherence  to  human 
rights  norms  in  the  nation's  armed  confiict.  The  relatively  high  voter  participation 
(about  55  percent)  was,  given  the  violence  and  intimidation  from  both  right  and  left, 
seen  as  a  manifestation  of  the  public's  ability  and  willingness  to  exercise  their  politi- 
cal rights. 

There  are  no  legal  restrictions,  and  few  practical  ones,  on  the  participation  of 
women  or  minorities  in  the  political  process,  although  they  are  uhderrepresented  in 
official  and  party  positions.  Seven  female  senators  and  19  female  representatives 
served  among  the  267  members  of  the  2  chambers  of  Congress,  including  the  second 
vice  president  of  the  Senate.  Women  served  in  a  number  of  key  cabinet  posts  during 
the  year,  including  Ministers  of  Foreign  Affairs,  Justice,  Agriculture,  Education,  and 
Health.  The  President's  advisers  for  human  rights,  for  juridical  afTairs,  for  Bogota, 
for  Antioquia  department,  and  for  public  administration  affairs  were  also  women, 
as  was  the  director  of  the  National  Prisons  Institute. 

Indigenous  people  are  underrepresented  in  government  and  politics;  2  of  102  Sen- 
ate seats  are  reserved  for  indigenous  representatives.  Blacks  also  are  underrep- 
resented in  government  and  politics.  A  1993  law  that  set  aside  two  House  seats  for 
citizens  of  African  heritage  was  declared  unconstitutional  in  September  1996  by  the 
Constitutional  Court,  which  nonetheless  allowed  the  incumbents  to  complete  their 
term  in  office. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  large  and  varied  nongovernmental  human  rights  community  is  active,  providing 
a  wide  range  of  views.  Among  the  many  groups  are:  the  Catholic  Bishops  Con- 
ference, the  Colombian  Commission  of  Jurists;  the  Intercongregational  Commission 
for  Justice  and  Peace;  the  Permanent  Committee  for  the  Defense  of  Human  Rights; 
the  Center  for  Investigations  and  Popular  Research;  the  Advisory  Committee  for 
Human  Rights  and  Displacements;  tne  Latin  American  Institute  for  Alternative 
Legal  Services;  the  Committee  in  Solidarity  with  Political  Prisoners;  the  Association 
of  Families  of  Detained  and  Disappeared  Persons;  the  Reinsercion  Foundation  (fo- 
cused on  demobilized  guerrillas);  the  Pais  Libre  Foundation  (focused  on  the  rights 
of  kidnap  victims);  and  the  VIDA  Foundation  (focused  on  the  rights  of  victims  of 
guerrilla  violence).  International  human  rights  organizations  in  the  country  include 
the  Peace  Brigades  International  and  the  U.N.  High  Commissioner  for  Human 
Rights. 

Nongovernmental  organizations  (NGO's)  investigated  and  reported  on  human 
rights  abuses  committed  by  government  forces,  various  paramilitary  groups,  and  the 
guerrilla  armies.  Many  NGO's  expressed  serious  concern  over  the  growing  para- 
military and  guerrilla  violence — and  the  Government's  increasingly  apparent  inabil- 
ity to  stop  either  of  them.  In  particular,  a  number  of  NGO,  as  well  as  governmental, 


469 

human  rights  officials  were  alarmed  by  the  rapid  growth  of  paramilitary  groups, 
both  in  terms  of  their  responsibility  for  a  significant  proportion  of  human  rights  vio- 
lations and  their  growing  political  and  military  power. 

The  United  Nations  High  Commissioner  for  Human  Rights  opened  a  field  oflice 
in  Bogota  in  April  to  operate  through  April  1998.  The  ofiice  is  tasked  with  monitor- 
ing and  analyzing  the  numan  rights  situation  throughout  the  country  and  with  the 
provision  of  assistance  to  the  Government,  civil  society,  and  NGO's  in  the  field  of 
human  rights  protection.  It  submitted  private  repwrts  to  the  Government  and  to  the 
U.N.  and  occasionally  spoke  out  publicly  on  particularly  egregious  abuses  conunitted 
by  government,  paramilitary,  or  guerrilla  forces. 

'Hie  human  rights  conmiunity  came  under  intense  pressure  during  the  year.  Al- 
though the  Samper  administration  generally  did  not  interfere  directly  with  the  work 
of  human  rights  NGO's,  many  prominent  human  rights  monitors  worked  under  con- 
stant fear  for  their  physical  safety.  Human  rights  groups  were  subjected  to  surveil- 
lance, harassing  phone  calls,  grafilti  carnpaigns,  and  threats  by  military,  intel- 
ligence, police,  paramilitary,  and  guerrilla  forces.  Senior  military  officials,  including 
General  Harold  Bedoya,  then-Commanding  General  of  the  military  forces,  some- 
times publicly  voiced  feelings  of  frustration  and  outright  hostility  toward  the  NGO 
community,  or  publicly  accused  particular  groups  or  individuals  of  working  on  be- 
half of  the  guerrillas. 

At  least  10  governmental  and  NGO  human  rights  workers  were  killed  during  the 
year,  over  a  dozen  others  were  forced  to  relocate  within  the  country,  or  Hee  abroad, 
following  threats.  Many  others  were  forced  to  restrict  their  travel  sharply,  particu- 
larly in  the  countryside.  The  Bogota-based  representative  of  the  U.N.  High  Commis- 
sioner for  Human  Rights  requested  special  protection  for  nongovernmental  human 
rights  workers  and  organizations. 

Two  CINEP  workers.  Mario  Calderon  and  Elsa  Alvarado,  along  with  Elsa's  father 
Carlos  Alvarado,  were  killed  in  their  Bogota  home  during  the  predawn  hours  of  May 
19.  Five  armed  individuals,  dressed  in  uniforms  of  the  F'iscalia's  Criminal  Investiga- 
tive Team,  stormed  their  apartment  and  shot  them.  Elsa's  mother,  who  was  seri- 
ously wounded,  survived  the  attack,  as  did  the  couple's  18-month-old  child.  No 
group  claimed  responsibility  for  the  killings.  Army  commander  General  Bonett 
strenuously  denied  public  suggestions  that  the  army  might  have  been  involved.  The 
Prosecutor  General's  Human  Rights  Unit  arrested  five  Medellin-based  hired  killers 
and  charged  them  with  the  crimes.  The  authorities  dropped  charges  against  one  of 
the  detainees  in  October  and  held  the  other  four  for  trial.  The  investigation  into  who 
ordered  the  killings  continued. 

There  was  no  progress  in  investigating  the  October  1996  murder  of  the  head  of 
the  Meta  Committee  for  Human  Rights,  Josue  Giraldo,  who  was  then  under  the 
"protection"  of  the  Inter-American  Court  of  Human  Rights.  The  Court  asked  the 
Government  in  February  to  prosecute  anyone  targeting  human  rights  advocates  for 
murder  and  emphasized  the  special  importance  of  effectively  investigating  Giraldo's 
murder  as  a  means  of  protection  for  others  so  targeted. 

Paramilitary  groups  stormed  or  otherwise  attacked  the  ofTices  of  some  human 
rights  groups.  Two  presumed  paramilitary  members  killed  Victor  Julio  Garzon, 
founder  of  the  Meta  Department  Civic  Committee  for  Human  Rights,  and  an  active 
defender  of  Meta  coca-growing  peasants,  on  March  7  in  the  Bogota  ofTices  of  the 
Federation  of  Agricultural  Workers.  A  small  bomb  exploded  on  June  4  at  the 
Medellin  office  oi  the  Colombian  Red  Cross  when  the  ICRC  was  in  the  final  stages 
of  coordinating  the  June  15  release  of  70  government  troops  held  by  the  FARC.  The 
Medellin  offices  of  the  ASFADDES  were  the  target  of  a  June  24  dynamite  attack. 
Following  increasing  threats,  Yanette  Bautista,  judicial  coordinator  of  ASFADDES, 
fled  the  country  with  her  family  on  September  9.  Bautista  is  the  sister  of  missing 
M— 19  guerrilla  Nydia  Erika  Bautista;  the  prosecution  of  those  responsible  for  her 
1987  disappearance,  torture,  and  murder  has  been  stymied  by  the  military  courts 
(see  Section  l.b.).  At  least  one  human  rights  group  was  forced  to  close  its  Bogota 
office  after  receiving  direct  threats  from  presumed  paramilitary  groups. 

The  Government  made  a  strong  formal  response  to  the  September  Amnesty  Inter- 
national report  on  the  crisis  caused  by  the  forced  internal  displacement  of  civilian 
populations.  The  Government  claimed  the  AI  report  "lacked  complete  and  current 
iniormation",  lamented  the  presentation  of  what  it  termed  "inexact  information,"  in- 
vited AI  to  visit,  and  recounted  steps  it  said  had  been  taken  to  deal  with  the  situa- 
tion, including  a  national  fund  for  populations  at  risk  and  a  national  information 
network. 

The  Government  has  an  extensive  human  rights  apparatus,  which  includes  the 
office  of  the  President's  Adviser  for  Human  Rights,  the  National  Human  Rights  Om- 
budsman and  its  regional  representatives,  the  Attorney  General's  office  for  human 
rights  and  its  regional  representatives,  and  a  human  rights  unit  within  the  Prosecu- 


470 

tor  General's  office.  Nevertheless,  the  corps  of  government  human  rights  advisers 
and  monitors  was  often  unsuccessful  in  getting  its  recommendations  adopted  on  gov- 
ernment policy  issues. 

According  to  September  congressional  testimony  by  the  Minister  of  Defense,  dur- 
ing the  first  8  months  of  the  year,  the  Attorney  General's  Office  of  Human  Rights 
filed  only  one  human  rights  case  against  a  member  of  the  military  services,  down 
from  34  cases  in  all  of  1996,  and  the  1993  peak  of  138  cases.  Of  the  15  cases  closed 
by  the  military  justice  system  or  the  Attorney  General's  office  between  January  and 
August,  8  of  the  accused  were  absolved,  4  received  temporary  suspensions,  2  were 
fined,  and  1  case  was  closed  due  to  the  death  of  the  accused.  None  were  perma- 
nently separated  from  service,  compared  with  12  in  1996.  The  director  of  the  Attor- 
ney General's  human  rights  ofiice  reported  in  mid-November  that  the  office  had  re- 
ceived only  463  formal  human  rights  complaints  against  members  of  the  military 
forces,  compared  with  2,000  such  complaints  in  1996.  The  Attorney  General  has  ju- 
risdiction to  carry  out  disciplinary  investigations  and  administratively  punish  mili- 
tary officials  who  improperly  conduct  criminal  proceedings;  it  is  not  known,  how- 
ever, if  this  power  has  ever  been  successfully  employed. 

As  part  of  the  Defense  Ministry's  efforts  to  protect  the  rights  of  citizens,  the  mili- 
tary services  and  police  have  established  225  human  rights  offices  throughout  the 
nation  since  1994.  These  offices  accept  and  investigate  public  complaints  of  abuse 
and  coordinate  human  rights  training  programs  for  public  security  personnel. 

An  lACHR  delegation  visited  in  Feoruary  to  study  the  status  of  friendly  settle- 
ment proceedings  in  a  number  of  other  cases  brought  before  the  Commission.  On 
September  9,  President  Samper  announced  that  the  Government  had  compensated 
the  families  of  89  victims  of  human  rights  violations,  under  the  terms  of  the  com- 
pensation law  approved  in  1996.  The  lACHR  acknowledged  such  steps  but  called  on 
the  Government  to  "create  effective  mechanisms  for  ensuring  compliance  with  all 
the  recommendations  of  the  Commission  and  other  international  human  rights  bod- 
ies, not  only  those  which  recommend  financial  compensation." 

Several  international  human  rights  organizations  conducted  official  trips  to  Co- 
lombia in  December.  For  the  second  time  in  5  years,  the  lACHR  commissioners  car- 
ried out  an  intensive  on-site  analysis  of  the  human  rights  situation.  Both  Amnesty 
International  and  Human  Rights  Watch/Americas  also  visited,  conducting  investiga- 
tions and  meeting  with  government,  military,  and  NGO  representatives,  as  well  as 
with  other  independent  observers. 

The  ICRC  continued  to  expand  operations,  with  an  office  in  Bogota  plus  11  offices 
in  various  confiict  zones.  The  ICRC,  working  with  the  presidential  human  rights  ad- 
viser and  the  public  security  forces,  helped  provide  training  programs  in  inter- 
national humanitarian  law.  These  programs  were  directed  not  only  at  affected  civil- 
ian populations  but  were  also  integrated  into  the  military  training  curriculum. 
Many  observers  credited  these  programs  with  having  done  much  to  foster  a  climate 
of  increased  respect  for  human  rights  and  international  humanitarian  law  within 
the  military  forces  in  recent  years. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  specifically  prohibits  discrimination  based  on  race,  sex,  religion, 
disability,  language,  or  social  status.  In  practice,  however,  many  of  these  provisions 
are  not  enforced.  In  May  the  U.N.  Committee  on  Human  Rights  criticized  the  con- 
tinuing practice  of  social  cleansing,  directed  against  street  children,  homosexuals, 
prostitutes,  and  criminals,  noting  that  the  Government  had  "still  not  instituted  ade- 
quate and  effective  measures  to  guarantee  the  full  protection  of  the  rights  of  these 
groups,  above  all  the  right  to  life. 

Women. — Rape  and  other  acts  of  violence  against  women  are  pervasive  in  society, 
and  like  other  crimes,  are  seldom  prosecuted  successfully.  The  auasi-govemmental 
Institute  for  Family  Welfare  (ICBF)  and  the  Presidential  Advisers  Office  for  Youth, 
Women,  and  Family  Affairs  continued  to  report  high  levels  of  spouse  and  partner 
abuse  throughout  the  country.  The  ICBF  conducted  programs  and  provided  refuge 
and  counseling  for  victims  of  spousal  abuse,  but  the  level  and  amount  of  these  serv- 
ices were  dwarfed  by  the  magnitude  of  the  problem. 

The  Institute  for  Legal  Medicine  estimated  that  239,400  persons  are  victims  of 
sexual  abuse  annually,  88  percent  of  them  women.  The  Institute  also  estimated  that 
95  percent  of  all  abuse  cases  are  never  reported  to  authorities. 

The  1996  Law  on  Family  Violence  criminalized  violent  acts  committed  within  fam- 
ilies, including  spousal  rape.  The  law  also  provides  legal  recourse  for  victims  of  fam- 
ily violence,  immediate  protection  from  physical  or  psychological  abuse,  and  judicial 
authority  to  remove  the  abuser  from  the  nousehola.  It  allows  a  judge  to  oblige  an 
abuser  to  seek  therapy  or  reeducation.  For  acts  of  spousal  sexual  violence,  the  law 


471 

mandates  sentences  of  6  months  to  2  years  and  denies  probation  or  bail  to  offenders 
who  disobey  court  restraining  orders.  A  1997  law  also  made  additional,  substantial 
modifications  to  the  Penal  Code  and  introduced  sentences  of  between  4  and  40  years 
for  crimes  against  sexual  freedom  or  human  dignity,  including:  rape,  sex  with  a 
minor,  sexual  abuse,  induction  into  prostitution,  and  child  pornography.  The  law 
also  repealed  an  old  law  that  fully  exonerated  a  rapist  if  he  subsequently  offered 
to  marry  the  victim  and  she  accepted. 

The  Constitution  prohibits  any  form  of  discrimination  against  women  and  specifi- 
cally requires  the  authorities  to  ensure  "adequate  and  effective  participation  by 
women  at  decisionmaking  levels  of  public  administration."  Even  prior  to  implemen- 
tation of  the  1991  Constitution,  the  law  had  provided  women  with  extensive  civil 
rights.  Despite  these  constitutional  provisions,  however,  discrimination  against 
women  persists.  According  to  figures  published  by  the  United  Nations,  women's 
earnings  for  formal  sector,  nonagricultural  work  correspond  to  approximately  85 
percent  of  men's  earnings  for  comparable  work,  and  women  must  demonstrate  high- 
er qualifications  than  men  when  applying  for  jobs.  Moreover,  women  constitute  a 
disproportionately  high  percentage  of  the  subsistence  labor  work  force,  especially  in 
rural  areas. 

ICBF  data  indicated  that  although  working  women  suffered  from  a  higher  rate 
of  unemployment  than  men,  the  economically  active  female  population  had  a  higher 
level  of  education  than  did  men.  Some  39  percent  of  working  women  were  employed 
in  minimum  wage  jobs,  however,  compared  with  31  percent  of  men. 

Despite  an  explicit  constitutional  provision  promising  additional  resources  for  sin- 
gle mothers  and  government  efforts  to  provide  them  with  training  in  parenting 
skills,  women's  groups  reported  that  the  social  and  economic  problems  of  single 
mothers  remained  great.  The  Constitutional  Court  ruled  on  September  25  that  preg- 
nant women  and  mothers  of  new-born  children  under  3  months  of  age  could  not  be 
fired  from  their  jobs  without  "just  cause."  Bearing  children,  the  Court  ruled,  was 
not  iust  cause. 

Children. — The  Constitution  formally  provides  for  free  public  education,  which  is 
compulsory  between  the  ages  of  6  and  14,  inclusive.  Nevertheless,  an  estimated  25 
percent  of  children  in  this  age  group  do  not  attend  school,  due  to  lax  enforcement 
of  truancy  laws,  inadequate  classroom  space,  and  economic  pressures  to  provide  in- 
come for  the  family. 

Despite  significant  constitutional  and  legislative  commitments  to  theprotection  of 
children's  rights,  these  were  implemented  only  to  a  minimal  degree.  Tne  Constitu- 
tion imposes  the  obligation  on  family,  society,  and  the  State  to  assist  and  protect 
children,  to  foster  their  development,  and  to  assure  the  full  exercise  of  these  rights. 
A  special  Children's  Code  sets  forth  many  of  these  rights  and  establishes  services 
and  programs  designed  to  enforce  the  protection  of  minors.  Children's  advocates  re- 
ported the  need  to  educate  citizens  witn  regard  to  the  code  as  well  as  the  1996  and 
1997  laws  on  Family  Violence,  which  had  been  drafted  particularly  to  increase  legal 
protection  for  women  and  children. 

According  to  the  Institute  for  Legal  Medicine,  82  percent  of  sexual  abuse  victims 
were  minors.  An  estimated  25,000  boys  and  girls  under  age  18  work  in  the  sex 
trade.  In  1996  legislators  passed  a  law  prohibiting  sex  with  minors  or  the  employ- 
ment of  minors  for  prostitution,  and  in  1997  that  Taw  was  amended  to  provide  that 
conviction  for  nonviolent  sexual  abuse  of  a  child  under  14  carries  a  prison  sentence 
of  4  to  10  years.  Conviction  for  rape  of  anyone  under  the  age  of  12  carries  a  manda- 
tory sentence  of  20  to  40  years  in  prison.  Although  enforcement  of  such  laws  is  lax, 
crimes  against  children  are  being  dealt  with  more  severely  than  in  the  past.  The 
ICBF  oversees  all  government  child  protection  and  welfare  programs  and  funds  non- 
governmental and  church  programs  for  children.  In  confiict  zones,  children  were 
also  often  caught  in  the  crossfire  between  the  public  security  forces,  paramilitary 
groups,  and  guerrilla  organizations. 

People  With  Disabilities. — The  Constitution  enumerates  the  fundamental  social, 
economic,  and  cultural  rights  of  the  physically  disabled,  but  serious  practical  im- 
pediments exist  that  prevent  disabled  persons'  full  participation  in  society.  There  is 
no  legislation  that  specifically  mandates  access  for  people  with  disabilities.  Accord- 
ing to  the  Constitutional  Court,  physically  disabled  individuals  must  have  access  to, 
or  if  they  so  request,  receive  assistance  at,  voting  stations.  The  Court  has  also  ruled 
that  the  social  security  fund  for  public  employees  cannot  refuse  to  provide  services 
for  the  disabled  children  of  its  members,  regardless  of  the  cost  involved. 

Indigenous  People. — There  are  approximately  82  distinct  ethnic  groups  among  the 
800,000  indigenous  inhabitants.  The  Constitution  gives  special  recognition  to  the 
fundamental  rights  of  indigenous  people.  It  provides  for  a  special  criminal  and  civil 
jurisdiction,  based  upon  traditional  community  laws,  within  Indian  territories.  The 
Ministry  of  Interior,  through  the  Office  of  Indigenous  Afi'airs,  is  responsible  for  pro- 


472 

tecting  the  territorial,  cultural,  and  self-determination  rights  of  Indians.  Ministry 
representatives  are  located  in  all  regions  of  the  country  with  indigenous  populations 
and  work  with  other  governmental  human  rights  organizations,  as  well  as  with 
NGO  human  rights  groups  and  civil  rights  organizations,  to  promote  Indian  inter- 
ests and  investigate  violations  of  indigenous  rights.  Nonetheless,  members  of  indige- 
nous groups  sufier  discrimination  in  the  sense  that  they  have  traditionally  been  rel- 
egated to  the  margins  of  society.  Few  opportunities  exist  for  those  who  might  wish 
to  participate  more  fully  in  modem  life.  In  addition,  indigenous  communities  suffer 
disproportionately  from  the  internal  armed  conflict  (see  Section  l.g.). 

Traaitional  Inoian  authority  boards  operate  some  334  designated  Indian  reserves; 
the  boards  handle  national  or  local  funds  and  are  subject  to  fiscal  oversight  by  the 
national  Comptroller  General.  These  boards  administer  their  territories  as  munici- 

fial  entities,  with  officials  elected  or  otherwise  chosen  according  to  Indian  tradition, 
ndigenous  communities  are  free  to  educate  their  children  in  traditional  dialects  and 
in  the  observance  of  cultural  and  religious  customs.  Indigenous  men  are  not  subject 
to  the  national  military  draft. 

Most  threats  or  attacks  on  members  of  indigenous  communities  stemmed  from 
land  ownership  disputes  concerning  the  designated  Indian  reserves.  The  National 
Land  Reform  Institute  estimated  that  some  40  indigenous  communities  had  no  legal 
title  to  land  they  claimed  as  their  own,  and  that  an  estimated  100  additional  groups 
had  title  claims  that  were  not  recognized  or  reconciled. 

In  October  the  National  Public  Order  Tribunal  overruled  the  October  1995  deci- 
sion of  an  Antioquia  regional  judge  and  found  William  Alberto  Tulena  Tulena  guilty 
of  ordering  the  May  27,  1994,  killing  of  three  Zenu  Indian  leaders  and  their  driver, 
after  they  nad  filed  a  lawsuit  regarding  a  land  dispute  in  San  Andres  de  Sotavento, 
Cordoba.  The  Tribunal  found  that  Tulena  had  the  men  killed  to  prevent  the  valid 

fiursuit  of  Zenu  claims  to  the  lands,  which  dated  back  more  than  two  centuries  in 
avor  of  the  Zenus.  The  Tribunal  ordered  Tulena  to  serve  55  years  in  prison  and 
f)ay  2,000  grams  of  gold  to  the  family  of  each  of  his  victims.  Tulena  owns  extensive 
and  holdings  in  Cordoba,  was  implicated  in  the  activities  of  some  local  paramilitary 
forces,  and  is  the  nephew  of  a  former  president  of  the  Senate. 

A  contract  that  Ecopetrol,  the  national  oil  company,  awarded  to  Occidental  Petro- 
leum in  1995  continued  to  cause  confiict  with  tne  5,000-member  U'wa  indigenous 
community.  After  a  Bogota  superior  court  issued  an  injunction  against  further  ex- 
ploration oy  Occidental  and  Ecopetrol  on  lands  claimed  by  the  Uwa,  the  Supreme 
Court  and  the  Council  of  State  issued  separate,  contradictory  decrees  in  the  matter. 
In  May  the  U'wa  filed  a  complaint  before  the  lACHR.  The  community  claimed  that 
there  was  insufficient  prior  consultation,  and  that  the  person,  cultural,  economic, 
and  environmental  rights  of  the  community's  members  had  not  oeen  respected.  That 
same  month,  the  Government  requested  that  the  OAS  sponsor  a  joint  investigation 
with  a  university  of  the  dispute.  That  study  subsequently  recommended  the  imme- 
diate and  unconditional  suspension  of  oil  exploration  or  exploitation  activities;  clari- 
fication of  the  status  of  U'wa  territories  and  protected  reserves;  and  the  develop- 
ment of  a  formal  process  of  consultation  under  auspices  of  the  Government. 

National/ Racial / Ethnic  Minorities. — Approximately  2  million  citizens  of  African 
heritage  live  primarily  in  the  Pacific  departments  of  Choco,  Valle  del  Cauca,  and 
Narino,  and  along  the  Caribbean  coast.  They  represent  roughly  5  percent  of  the 
total  population,  while  the  figures  of  the  National  Administrative  Department  of 
Statistics  place  the  national  black  population  at  16  percent  of  the  total,  or  6.4  mil- 
lion. 

Blacks  are  entitled  to  all  constitutional  rights  and  protections  but  have  tradition- 
ally suffered  from  economic  discrimination.  Despite  the  passage  of  the  African-Co- 
lombian Law  in  1993,  little  concrete  progress  was  made  in  expanding  public  services 
and  private  investment  in  the  Choco  or  other  predominantly  black  regions.  Unem- 
ployment, for  instance,  among  African-Colombians  ran  as  high  as  76  percent  in 
some  communities.  Choco  department  remains  the  department  with  the  lowest  per 
capita  level  of  social  investment  and  is  last  in  terms  of  education,  health,  and  infra- 
structure. It  also  has  been  the  scene  of  some  of  the  nation's  most  unremitting  politi- 
cal violence,  as  guerrillas  and  paramilitary  forces  struggled  for  control  of  the  Uraba 
region. 

Allegations  of  discrimination  and  hazing  by  the  military  against  African-Colom- 
bians continued.  The  navy  makes  little  effort  to  recruit  African-Colombians,  despite 
their  traditional  ties  to  the  sea  and  maritime  commerce.  The  U.N.  Special 
Rapporteur  on  Racial  Discrimination  noted  in  a  1996  report  that  "The  responses  re- 
ceived were  confused  or  an  uncomfortable  silence  when  one  asked  questions  regard- 
ing the  number  or  percentage  of  African-Colombians  who  serve  in  the  army,  the 
navy,  the  diplomatic  corps,  or  in  the  Catholic  Church  hierarchy,  as  if  these  were 
unusual  or  inappropriate  questions." 


473 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  1991  Constitution  recognizes  the  rights  of  work- 
ers to  organize  unions  and  strike,  except  for  members  of  the  armed  forces  and  po- 
lice, and  those  "essential  public  services"  as  defined  by  law.  However,  legislation 
that  prohibits  public  employees  from  striking  is  still  in  effect,  even  if  often  over- 
looked. The  Labor  Code  provides  for  automatic  recognition  of  unions  that  obtain  at 
least  25  signatures  from  potential  members  and  comply  with  a  simple  registration 
process  at  the  Labor  Ministry.  The  law  penalizes  interference  with  freedom  of  asso- 
ciation. It  allows  unions  to  determine  freely  internal  rules,  elect  officials,  and  man- 
age activities,  and  forbids  the  dissolution  of  trade  unions  by  administrative  fiat.  Ac- 
cording to  Labor  Ministry  estimates,  approximately  7  percent  of  the  work  force  is 
organized  in  about  4,900  labor  organizations. 

Before  staging  a  legal  strike,  unions  must  negotiate  directly  with  management 
and,  if  no  agreement  results,  accept  mediation.  By  law,  public  employees  must  ac- 
cept binding  arbitration  if  mediation  fails;  in  practice,  public  service  unions  decide 
by  membersnip  vote  whether  or  not  to  seek  arbitration. 

In  1993  the  International  Labor  Organization  (ILO)  criticized  10  provisions  of  the 
law,  including:  The  supervision  of  the  internal  management  and  meetings  of  unions 
by  government  officials;  the  presence  of  officials  at  assemblies  convened  to  vote  on 
a  strike  call;  the  legality  of  firing  union  organizers  from  jobs  in  their  trades  once 
6  months  have  passed  following  a  strike  or  dispute;  the  requirement  that  contenders 
for  trade  union  office  must  belong  to  the  occupation  their  union  represents;  the  pro- 
hibition of  strikes  in  a  wide  range  of  public  services  that  are  not  necessarily  essen- 
tial; various  restrictions  on  the  right  to  strike;  the  power  of  the  Minister  of  Labor 
and  the  President  to  intervene  in  disputes  through  compulsory  arbitration  when  a 
strike  is  declared  illegal;  and  the  power  to  dismiss  trade  union  officers  involved  in 
an  unlawful  strike. 

Labor  leaders  throughout  the  country  continued  to  be  the  target  of  attacks  by  the 
military,  police,  paramilitary  groups,  guerrillas,  narcotics  traffickers,  and  their  own 
union  rivals.  In  June  the  International  Confederation  of  Free  Trade  Unions  an- 
nounced in  Geneva  that  98  union  members  had  been  killed  because  of  their  union 
activities  in  1996,  many  of  them  employed  in  the  banana  industry  of  the  Uraba  re- 
gion. Members  of  paramilitary  groups  and  the  FARC  guerrillas  both  carried  out  a 
number  of  massacres  in  Uraba  during  the  year,  often  targeting  the  same  groups  of 
organized  workers.  Many  of  the  victims  of  the  FARC  massacres  were  former  EPL 
guerrillas,  targeted  for  tneir  participation  in,  or  sympathy  with,  the  National  Syn- 
dicate of  Agro-Industry  Workers,  a  labor  union  closely  associated  v/ith  the  Hope, 
Peace,  and  Freedom  Movement  made  up  of  demobilized  EPL  guerrillas. 

A  collective  work  convention  signed  in  1995  between  Ecopetrol  and  the  Union  of 
Syndicated  Labor  (USO)  remained  in  effect.  That  accord  was  the  result  of  the  Gov- 
ernment's restructuring,  rather  than  privatizing,  Ecopetrol  to  avoid  massive  layoffs. 
The  USO  leadership  remained  in  open  confiict  with  the  Government  on  many  is- 
sues. USO  leaders  reported  furtner  that  its  members  in  the  oil-producing 
Magdalena  Medio  region  continued  to  receive  death  threats  from  presumed  para- 
military groups,  who  nave  accused  USO  officials  of  working  with  the  EIJV  guerrillas 
waging  a  sabotage  campaign  against  the  nation's  oil  pipelines.  In  November  the 
Prosecutor  General  charged  20  USO  members — including  the  union's  former  presi- 
dent— with  conspiracy  to  perpetrate  dynamite  attacks  on  the  Cano  Limon  oil  pipe- 
line. 

Unions  are  free  to  join  international  confederations  without  government  restric- 
tions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  protects  the 
right  of  workers  to  organize  and  engage  in  collective  bargaining.  Workers  in  larger 
firms  and  public  services  have  been  most  successful  in  organizing,  but  these  union- 
ized workers  represent  only  a  small  portion  of  the  economically  active  population. 
High  unemployment  (about  14  percent),  traditional  antiunion  attitudes,  and  weak 
union  organization  and  leadership  limit  workers'  bargaining  power  in  all  sectors. 

The  law  forbids  antiunion  discrimination  and  the  obstruction  of  free  association. 
Government  labor  inspectors  theoretically  enforce  these  provisions,  but  because  of 
the  small  number  of  inspectors  and  workers'  fears  of  losing  their  jobs,  the  inspection 
apparatus  is  weak.  The  Labor  Code  calls  for  fines  to  be  levied  for  restricting  free- 
dom of  association  and  prohibits  the  use  of  strike  breakers. 

Collective  pacts — agreements  between  individual  workers  and  their  employers — 
are  not  subject  to  collective  bargaining  and  are  typically  used  by  employers  to  ob- 
struct labor  organization.  Although  employers  must  register  collective  pacts  with  the 
Ministiy  of  Labor,  the  Ministry  does  not  exercise  any  oversight  or  control  over  them. 

The  Labor  Code  also  eliminates  mandatory  mediation  in  private  labor-manage- 
ment disputes  and  extends  the  grace  period  before  the  Government  can  intervene 


474 

in  a  conflict.  Federations  and  confederations  may  assist  affiliate  unions  in  collective 
bargaining. 

Labor  law  applies  to  the  country's  seven  free  trade  zones  (FTZ's),  but  its  stand- 
ards are  difficult  to  enforce.  Public  employee  unions  have  won  collective  bargaining 
agreements  in  the  FTZ's  of  Barranquilla,  Buenaventura,  Cartagena,  and  Santa 
Marta,  but  the  garment  manufacturing  enterprises  in  Medellin  and  Risaralda, 
which  have  the  largest  number  of  employees,  are  not  organized.  National  labor  lead- 
ers claim  that  in  these  FTZ's  the  provisions  of  the  Labor  Code  dealing  with  wages, 
hours,  health,  and  safety  are  not  honored. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  forbids  slavery 
and  any  form  of  forced  or  compulsory  labor,  and  this  prohibition  is  generally  re- 
spected in  practice.  The  law  prohibits  forced  or  bonded  labor  by  children  but  the 
Government  does  not  have  the  resources  to  effectively  enforce  this  prohibition  (see 
Section  6.d.) 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment prohibits  forced  and  bonded  labor  by  children  but  is  unable  to  enforce  this 
prohibition  effectively  (see  Section  6.c.). 

The  Constitution  bans  the  employment  of  children  under  the  age  of  14  in  most 
jobs,  and  the  Labor  Code  prohibits  the  granting  of  work  permits  to  youths  under 
the  age  of  18.  A  1989  decree  establishing  the  Minors  Code  prohibits  the  employment 
of  children  under  age  12  and  demands  exceptional  conditions  and  the  express  au- 
thorization of  Labor  Ministry  inspectors  for  the  employment  of  children  between  the 
ages  of  12  and  17  (inclusive).  These  requirements  are  largely  ignored  in  practice, 
however,  and  only  5  percent  of  those  working  have  filed  for  the  required  work  per- 
mits. 

A  1996  Labor  Ministry  study  determined  that  28  percent  of  all  children  between 
the  ages  of  12  and  17  worked.  Some  15  percent  of  urban  12-  to  17-year-olds  worked, 
as  did  fully  one-third  of  those  in  rural  areas.  More  than  50  percent  of  all  child  work- 
ers did  not  attend  school  at  all.  The  study  also  determined  that  child  workers  aver- 
aged 50  hours  of  work  per  week,  double  the  legal  limit  of  26  hours  per  week.  In 
rural  areas,  the  study  determined  that  75  percent  of  child  workers  received,  on  aver- 
age, one-fourth  of  the  minimum  wage,  while  25  percent  received  no  pay  at  all.  Only 
10  percent  of  child  laborers  were  found  to  be  covered  by  the  health  services  of  the 
social  security  system.  A  1996  study  by  the  National  Human  Rights  Ombudsman 
of  child  labor  in  Putumayo  department  found  that  22  percent  of  the  children  be- 
tween the  ages  of  5  and  18  were  full-time  coca-pickers.  In  the  municipality  of  Orito, 
the  figure  reached  70  percent. 

Child  workers  are  exposed  to  the  same  risks  that  afiect  adult  workers,  including 
exposure  to  toxic  substances  and  accidental  injuries,  all  of  which  contribute  to  im- 
paired physical  development.  The  ICBF  continued  its  outreach  campaign  to  inform 
child  laborers  of  their  rights  and  where  to  turn  for  help.  No  statistics  were  available 
to  measure  the  impact  of  this  effort. 

e.  Acceptable  Conditions  of  Work. — The  Government  sets  a  uniform  minimum 
wage  for  workers  every  January  to  serve  as  a  benchmark  for  wage  bargaining.  The 
monthly  minimum  wage  was  $139.25  (172,682  pesos)  throughout  1997.  The  mini- 
mum wage  does  not  provide  a  decent  standard  of  living  for  a  worker  and  family. 
Because  the  minimum  wage  is  based  on  the  Government's  target  inflation  rate,  the 
minimum  wage  has  not  kept  up  with  inflation  in  recent  years.  By  government  esti- 
mates, the  price  of  the  family  shopping  basket  is  2.4  times  the  minimum  wage. 
However,  77  percent  of  all  workers  earn  no  more  than,  and  often  much  less  than, 
twice  the  minimum  wage. 

The  law  provides  for  a  standard  workday  of  8  hours  and  a  48-hour  workweek,  but 
it  does  not  specifically  require  a  weekly  rest  period  of  at  least  24  hours,  a  failing 
criticized  by  the  ILO.  Legislation  provides  comprehensive  protection  for  workers'  oc- 
cupational safety  and  health,  but  these  standards  are  difficult  to  enforce,  in  part 
due  to  the  small  number  of  Labor  Ministry  inspectors.  In  addition,  unorganized 
workers  in  the  informal  sector  fear  the  loss  of  their  jobs  if  they  exercise  their  right 
to  denounce  abuses,  particularly  in  the  agricultural  sector.  According  to  the  Labor 
Code,  workers  have  the  right  to  withdraw  from  a  hazardous  work  situation  without 
jeopardizing  continued  employment.  In  general,  a  lack  of  public  safety  awareness, 
inadequate  attention  by  unions,  and  lax  enforcement  bv  the  Labor  Ministry  result 
in  an  a  very  high  level  of  industrial  accidents  and  unhealthy  working  conditions. 
Over  80  percent  of  industries  lack  industrial  security  plans.  The  Social  Security  In- 
stitute reported  115,000  work-related  accidents  for  1995,  17,000  of  which  resulted 
in  deaths.  Informed  observers  reported  that  the  level  of  work-related  accidents  was 
expected  to  remain  at  comparably  high  levels  in  1997. 


475 
COSTA  RICA 

Costa  Rica  is  a  longstanding,  stable,  constitutional  democracy  with  a  unicameral 
Legislative  Assembly  directly  elected  in  free  multiparty  elections  every  4  years.  Jose 
Mairia  Figueres  of  the  National  Liberation  Party  won  the  presidency  in  the  February 
1994  elections,  in  which  approximately  80  percent  of  eligiole  voters  cast  ballots.  'Hie 
Government  respects  constitutional  provisions  for  an  independent  judiciary. 

The  1949  Constitution  abolished  tne  military  forces.  The  Ministry  of  Public  Secu- 
rity— which  includes  specialized  units  such  as  the  antidrug  police — and  the  Ministry 
of  the  Presidency  share  responsibility  for  law  enforcement  and  national  security.  In 
1996  the  Government  combined  several  police  units  within  the  Ministry  of  Public 
Security,  including  the  Border  Guard,  the  Rural  Guard,  and  the  Civil  Guard,  into 
a  single  "public  lorce."  Public  security  forces  generally  observe  procedural  safe- 
guards established  by  law  and  the  Constitution. 

The  market  economy  is  based  primarily  on  agriculture,  light  industry,  and  tour- 
ism. After  a  1  percent  decline  in  1996,  economic  growth  was  projected  at  1.5-2  per- 
cent. Government  fiscal  difTiculties  continued,  with  the  public  sector  deficit  projected 
to  amount  to  4  percent  of  gross  domestic  product  (GDP).  The  Constitution  protects 
the  right  to  private  property;  however,  domestic  and  foreign  property  owners  en- 
counter considerable  difficulty  gaining  adequate,  timely  compensation  for  lands  ex- 
propriated for  national  parks  and  other  purposes.  The  law  grants  considerable 
rights  to  squatters  who  invade  uncultivatea  land,  regardless  of  who  may  hold  title 
to  the  property. 

Citizens  enjoy  a  wide  range  of  individual  rights  and  freedoms.  The  Government 
generally  respects  the  human  rights  of  its  citizens,  and  the  law  and  judiciary  pro- 
vide effective  means  of  dealing  with  individual  instances  of  abuse.  Nonetheless,  the 
judicial  system  moves  very  slowly  in  processing  criminal  cases,  resulting  in  lengthy 
pretrial  aetention  for  some  suspects.  Citizens  reported  11  instances  oi  physical  or 
verbal  abuse  by  police  to  the  Ombudsman  of  the  Republic.  The  Government  has 
identified  domestic  violence  as  a  serious  problem  and  sponsored  a  public  awareness 
program  to  deter  such  abuse.  Abuse  of  children  also  remains  a  problem.  Traditional 
patterns  of  unequal  opportunity  for  women  and  racial  minorities  remain,  in  spite 
of  continuing  government  and  media  efforts  to  advocate  change. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  repmrts  of  political  or 
other  extrajudicial  killings. 

The  judicial  system  resolved  the  1993  Malcolm  case,  in  which  seven  judicial  police 
ofllcers  allegedly  beat  a  presumed  street  gang  member,  William  Lee  Malcolm,  who 
died  shortly  thereafter  wnile  in  custody.  In  July  a  San  Jose  court  found  insuHlcient 
evidence  to  convict  the  seven  former  officers  on  charges  of  murder  and  aggravated 
deprivation  of  liberty.  The  same  court,  however,  convicted  all  seven  defendants  of 
abuse  of  authority.  Each  former  officer  received  a  4-year  suspended  sentence  and 
was  barred  from  public  sector  employment  for  1  to  2  years. 

In  September  a  criminal  court  found  two  of  three  former  judicial  police  officers 
guilty  of  the  1994  murder  of  farmer  Giro  Monge;  the  third  officer  awaited  trial  at 
year's  end.  The  court  sentenced  the  two  men  to  12  years  in  prison  and  $200,000 
in  fines  and  costs. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  cruel  or  degrading  treatment  and  holds  invalid  any  state- 
ment obtained  through  violence.  The  authorities  generally  abide  by  these  prohibi- 
tions. An  effective  mechanism  for  lodging  and  recording  complaints  of  police  mis- 
conduct exists.  As  of  August,  the  Ombudsman's  office  had  received  122  reports  of 
police  abuse  of  authority  or  misconduct.  The  Ombudsman's  office  investigates  com- 
plaints and,  where  appropriate,  initiates  suits  against  officials.  In  June  a  man  ac- 
cused judicial  police  onicers  of  beating  and  illegally  detaining  him  while  the  officers 
were  pursuing  alleged  bank  robbers.  At  year's  end,  the  authorities  were  investigat- 
ing the  case. 

A  large  percentage  of  police  personnel  owe  their  appointments  to  political  patron- 
age. The  Figueres  administration  continued  implementation  of  the  1994  Police  Code 
designed  to  depoliticize  and  professionalize  the  police  force.  The  Government's  long- 
term  plan  is  to  establish  permanent,  professional  cadres,  eventually  resulting  in  a 
nonpolitically  appointed  career  force.  The  basic  course  for  new  police  recruits  in- 
cludes training  using  a  human  rights  manual  developed  by  the  Ministry  of  I^blic 
Security. 


476 

Prisoners  generally  receive  humane  treatment.  Prisoners  are  separated  by  gender 
and  by  level  of  security,  minimum,  medium,  and  maximum.  There  are  separate  ju- 
venile detention  centers.  Illegal  narcotics  are  readily  available  in  the  prisons,  and 
drug  use  is  common.  While  guards  rarely  abuse  prisoners  physically,  there  are  cred- 
ible reports  that  prisoners  are  sometimes  subjected  to  other  forms  of  abuse  such  as 
extortion.  The  F*rison  Rights  Ombudsman  investigates  complaints  and  refers  serious 
cases  of  abuse  to  the  Public  Prosecutor. 

Penitentiary  overcrowding  remained  a  problem,  with  the  prison  population  about 
50  percent  above  planned  capacity.  The  Government  is  expanding  five  prisons  to  ad- 
dress this  problem.  In  March  1996,  the  Supreme  Court's  Constitutional  Chamber  is- 
sued an  order  to  the  San  Sebastian  prison  in  San  Jose,  giving  the  institution  1  year 
to  achieve  minimally  acceptable  conditions  for  the  prisoners.  As  of  August,  that  pris- 
on was  still  121  percent  above  capacity,  a  slight  decline  reflecting  the  transfer  of 
many  long-term  prisoners  to  other  institutions. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  and  law  prohibit  arbi- 
trary arrest,  detention,  or  exile,  and  the  Government  generally  respects  these  prohi- 
bitions. 

The  law  requires  issuance  of  judicial  warrants  before  making  arrests.  The  Con- 
stitution entitles  a  detainee  to  a  judicial  determination  of  the  legality  of  the  deten- 
tion during  arraignment  before  a  court  officer  within  24  hours  of  arrest.  The  au- 
thorities generally  respect  these  rights. 

The  law  provides  for  the  right  to  release  on  bail,  and  the  authorities  observe  it 
in  practice.  Generally,  the  authorities  do  not  hold  detainees  incommunicado.  With 
judicial  authorization,  the  authorities  may  hold  suspects  for  48  hours  after  arrest 
or,  under  special  circumstances,  for  up  to  10  days. 

The  Constitution  bars  exile  as  punishment. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  and  law  provide  for  an  independ- 
ent judiciary,  and  the  Government  respects  this  provision  in  practice.  The  Constitu- 
tion provides  for  the  right  to  a  fair  trial,  and  an  independent  judiciary  vigorously 
enforces  this  right. 

The  Supreme  Court  supervises  the  work  of  the  lower  courts,  known  as  tribunals. 
The  Legislative  Assembly  elects  the  22  Supreme  Court  magistrates  to  8-year  terms, 
subject  to  automatic  renewal  unless  the  Assembly  decides  otherwise  by  a  two-thirds 
majority.  Accused  persons  may  select  attorneys  to  represent  them,  and  the  law  pro- 
vides for  access  to  counsel  at  state  expense  for  the  indigent. 

Persons  accused  of  serious  ofTenses  and  held  without  bail,  however,  sometimes  re- 
main in  pretrial  custody  for  long  periods.  Lengthy  legal  procedures,  numerous  ap- 
peals, and  large  numbers  of  detainees  cause  delays  and  case  backlogs.  There  were 
933  accused  persons,  representing  19  percent  of  the  prison  population,  jailed  await- 
ing trial  as  of  August. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy.  Family,  Home,  or  Correspondence. — TTie 
Constitution  prohibits  such  practices.  Government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  efTective  legal  sanction.  The  law  re- 
quires judicial  warrants  to  search  private  homes.  Judges  may  approve  use  of  wire- 
taps in  limited  circumstances,  primarily  to  combat  narcotics  trafTicking. 

The  law  grants  considerable  rights  to  squatters  who  invade  uncultivated  land,  re- 
gardless of  who  may  hold  title  to  the  property.  Landowners  in  Pavones,  Golfito,  have 
a  10-year  history  of  conflict  with  squatters,  which  includes  frequent  violent  inva- 
sions. In  November  squatter  Alvaro  Aguilar  and  Max  Dalton,  a  U.S.  citizen  land- 
owner, were  killed  during  a  confrontation  with  squatters  who  had  invaded  Dalton's 
property.  Although  the  authorities  charged  a  suspect  in  the  case,  he  remains  free 
at  tne  judge's  discretion.  President  Figueres  appointed  First  Vice  President  Rodrigo 
Oreamuno  to  head  a  cabinet-level  commission  to  investigate  the  case. 

Municipal  officials  in  Pavones,  including  the  municipal  president,  encouraged 
squatter  invasions  of  private  property.  In  October  a  municipal  order  allowed  squat- 
ters to  enter  Dalton's  property.  After  the  November  conl^rontation  during  wnich 
Aguilar  and  Dalton  were  shot  and  killed,  the  municipal  council  revoked  the  order, 
saying  that  it  had  been  improperly  issued.  There  is  evidence  of  complicity  between 
the  squatters  and  the  authorities,  which  apparently  gave  tacit  approval  to  the  type 
of  violent  tactics  that  resulted  in  these  deaths.  The  initial  police  investigation  into 
these  shooting  deaths  was  not  thorough  and  raised  questions  about  the  integrity  of 
law  enforcement  in  the  Golfito  region. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  the  Government  respects  these  rights  in  practice.  An  independ- 


477 

ent  press,  a  generally  effective  judiciary,  and  a  functioning  democratic  political  sys- 
tem combine  to  ensure  freedom  of  speech  and  of  the  press,  including  academic  free- 
dom. 

There  are  9  major  privately  owned  newspapers,  several  pxjriodicals,  6  privately 
owned  television  stations,  and  over  70  privately  owned  radio  stations,  all  of  which 
pursue  independent  editorial  policies.  While  the  media  generally  criticize  the  Gov- 
ernment freely,  there  were  unconfinmed  allegations  that  the  Government  withheld 
advertising  from  some  publications  in  order  to  influence  or  limit  reporting.  In  1996 
the  Legislative  Assembly  passed  a  "right  of  response"  law  that  provides  persons 
criticized  in  the  media  with  an  opportunity  to  reply  with  equal  attention  and  at 
equal  length.  While  the  print  and  electronic  media  continued  to  criticize  public  fig- 
ures, the  law  has  proven  difficult  for  media  managers  to  administer.  On  occasion, 
some  media  outlets  delayed  printing  responses  because  submissions  were  not  clearly 
identified  as  replies  to  previously  published  items.  In  one  case,  a  judge  temporarily 
impounded  the  assets  of  the  daily  newspaper  Diario  Extra  because  the  newspaper 
allegedly  did  not  publish  a  response  withm  the  stipulated  time  frame. 

The  (Jffice  of  Control  of  Public  Spectacles  rates  films  and  has  the  authority  to  re- 
strict or  prohibit  their  showing;  it  has  similar  powers  over  television  programs  and 
stage  plays.  Nonetheless,  foreign  and  particularly  American  films  spanning  the  U.S. 
rating  system  are  offered  to  the  public.  A  tribunal  reviews  appeals  of  the  office's  ac- 
tions. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  fi-eedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  While  the  Constitution  establishes 
Roman  Catholicism  as  the  state  religion,  people  of  all  denominations  freely  practice 
their  religion  without  government  interference.  Religious  education  teachers,  includ- 
ing those  in  public  schools,  must  be  certified  by  the  Roman  Catholic  episcopal  con- 
ference. Foreign  missionaries  and  clergy  of  all  denominations  work  and  proselytize 
freely. 

d.  Freedom,  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice.  There  are  no  restrictions  on  travel  within  the  country,  on 
emigration,  or  the  right  of  return. 

There  is  a  long  tradition  of  providing  refuge  to  people  from  other  Latin  American 
countries.  In  July  the  Government  declined  to  grant  asylum  to  16  indigenous 
Hondurans  who  had  peacefully  occupied  the  Costa  Rican  embassy  in  Tegucigalpa, 
saying  that  the  Hondurans  had  not  demonstrated  credible  fears  of  persecution.  The 
Government  granted  asylum  to  Venezuelan  Luis  Escobar  Ugaz.  Ugaz,  a  member  of 
the  Bolivarian  Revolutionary  Movement,  entered  Costa  Rica  in  June  1996,  after 
seeking  refuge  in  the  Costa  Rican  embassy  in  Caracas. 

The  Government  cooperates  with  the  office  of  the  U.N.  High  Commissioner  for 
Refugees  and  other  humanitarian  organizations  in  assisting  refugees.  The  Govern- 
ment makes  a  distinction  between  political  asylum  and  refugee  status;  the  issue  of 
the  provision  of  first  asylum  did  not  arise.  The  Constitution  specifically  prohibits  re- 
patriation of  anyone  subject  to  potential  persecution,  and  there  were  no  reports  of 
forced  expulsion  of  persons  to  a  country  where  they  feared  persecution.  The  authori- 
ties regularly  repatriated  undocumented  Nicaraguans,  most  of  whom  entered  the 
country  primarily  for  economic  reasons. 

Allegations  of  abuse  by  Border  Police  periodically  arise.  Although  instances  of 
physical  abuse  apfiear  to  have  declined,  there  were  credible  reports  of  extortion  of 
migrants  by  border  ofTicials.  In  May  President  Figueres  signed  an  accord  with  Nica- 
raguan  President  Miguel  Aleman  to  normalize  the  status  of  some  of  the  approxi- 
mately 400,000  Nicaraguans  residing  illegally  in  Costa  Rica.  The  agreement  permits 
Nicaraguans  to  obtain  residency  with  a  special  worker  passport  and  a  valid  employ- 
ment contract. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  free  and  fair  elections 
neld  on  the  basis  of  universal  suffrage  and  by  secret  ballot  every  4  years.  The  inde- 
pendent Supreme  Electoral  Tribunal  ensures  the  integrity  of  elections,  and  the  au- 
thorities and  citizens  respect  election  results.  The  Constitution  bars  the  President 
from  seeking  reelection,  and  Assembly  members  may  seek  reelection  only  after  at 
least  one  term  out  of  office.  In  the  1994  elections.  President  Figueres'  National  Lib- 
eration Party  (PLN)  gained  a  plurality  in  the  Legislative  Assembly,  winning  28  of 
57  seats.  The  Social  Christian  Unity  Party  (PUSC)  won  25  seats,  the  Democratic 


478 

Force  won  2  seats,  and  2  provincial  parties  each  garnered  1  seat.  After  an 
intraparty  dispute,  one  of  the  Democratic  Force  legislators  formed  a  new  party  in 
1966.  As  a  result,  the  new  party — the  New  Democratic  Party — has  one  seat. 

Women  encounter  no  legal  impediments  to  their  participation  in  politics.  While 
they  are  underrepresented  in  leadership  positions  oi  the  Government  and  political 
parties,  this  situation  has  begun  to  change.  The  Minister  of  Public  Security,  eight 
legislative  assembly  deputies,  and  five  directors  of  autonomous  institutions  are 
women.  In  February  the  Legislative  Assembly  selected  assembly  Deputy  Sandra 
Piszk  as  Ombudsman,  a  key  autonomous  post  created  in  1993  to  protect  the  rights 
and  interests  of  citizens  in  their  dealings  with  the  Government.  In  May  the  Su- 
preme Court  appointed  Linette  Saborio  as  the  Director  General  of  the  judicial  inves- 
tigative organization.  The  opposition  PUSC  mandates  that  a  minimum  of  40  percent 
of  posts  in  party  councils  be  occupied  by  women.  The  ruling  PLN  adopted  this  same 
40  percent  goal  in  May.  In  October  the  PUSC  selected  two  women  as  its  nominees 
for  first  and  second  vice  president,  marking  the  first  time  that  a  major  political 
party  nominated  women  for  both  vice  presidencies.  The  PLN  also  chose  two  women 
as  its  vice  presidential  candidates  for  the  February  1998  national  elections. 

Indigenous  people  may  participate  freely  in  politics  and  government.  In  practice, 
they  have  not  played  significant  roles  in  these  areas,  except  on  issues  directly  aflect- 
ing  their  welfare,  largely  because  of  their  relatively  small  numbers  and  physical  iso- 
lation. One  of  57  members  of  the  National  Assembly  identifies  himself  as  part  indig- 
enous. The  country's  30,000  blacks,  largely  resident  on  the  Caribbean  coast,  enjoy 
full  rights  of  citizenship,  including  the  protection  of  laws  against  racial  discrimina- 
tion. The  Legislative  Assembly  includes  one  black  member;  one  vice  minister  is 
black. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongouernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Various  human  rights  groups  operate  without  government  restriction,  investigat- 
ing and  publishing  their  findings  on  human  rights  cases.  Government  officials  are 
cooperative  and  responsive  to  their  views.  The  Costa  Rican  Commission  for  Human 
Rights,  the  Commission  for  the  Defense  of  Human  Rights  in  Central  America,  and 
the  Family  and  Friends  of  Political  Prisoners  of  Costa  Rica  monitor  and  report  on 
human  rights. 

Several  international  organizations  concerned  with  human  rights,  including  the 
Inter-American  Institute  for  Human  Rights  and  the  Inter-American  Court  of  Human 
Rights,  are  located  in  San  Jose. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  pronounces  all  persons  equal  before  the  law,  and  the  Govern- 
ment generally  respects  these  provisions. 

Women. — The  Government  nas  identified  domestic  violence  against  women  and 
children  as  a  serious  societal  problem.  The  authorities  have  incorporated  training 
on  handling  domestic  violence  cases  in  the  basic  training  course  for  new  police  per- 
sonnel. The  Law  Against  Domestic  Violence  classifies  certain  acts  of  domestic  vio- 
lence as  crimes  and  mandates  their  prosecution.  An  old  law  permits  a  judge  to  par- 
don a  man  accused  of  statutory  rape  if  the  perpetrator  intends  to  marry  the  victim, 
she  and  her  family  accmiesce,  and  the  National  Institute  for  Children  does  not  ob- 
ject. This  law  has  not  been  applied  in  recent  years,  and  it  is  expected  to  be  over- 
turned by  pending  legislation.  The  domestic  violence  law  requires  public  hospitals 
to  report  cases  of  female  victims  of  domestic  violence.  It  also  denies  the  perpetrator 
possession  of  the  family  home  in  favor  of  the  victim.  Television  coverage  of  this  issue 
has  increased  in  news  reporting,  public  service  announcements,  and  feature  pro- 
grams. Reports  of  violence  against  women  have  increased,  likely  reflecting  a  greater 
willingness  of  victims  to  report  abuses  rather  than  an  actual  increase  in  instances 
of  violence  against  women.  The  law  against  sexual  harassment  in  the  work  place 
and  educational  institutions  seeks  to  prevent  and  punish  sexual  harassment  in 
those  environments. 

Women  constitute  49.5  percent  of  the  population.  The  1990  Law  for  the  Promotion 
of  the  Social  Equality  of  Women  not  only  prohibits  discrimination  against  women 
but  obligates  the  Government  to  promote  political,  economic,  social,  and  cultural 
equality.  In  March  1996,  the  Government's  National  Center  for  the  Development  of 
Women  and  the  Family  presented  its  3-year  National  Plan  for  Equality  of  Oppor- 
tunity between  Women  and  Men.  The  plan  is  based  in  great  measure  on  the  Plat- 
form for  Action  adopted  at  the  Fourth  World  Conference  on  Women  in  Beijing. 

According  to  the  1995  census,  women  represent  30  percent  of  the  labor  force.  Most 
women  work  in   he  services  sector,  with  others  working  in  industry  and  agriculture. 


479 

While  laws  require  that  women  and  men  receive  equal  pay  for  equal  work,  average 
salaries  for  women  remain  somewhat  below  those  of  male  counterparts.  According 
to  United  Nations  Development  Program,  women  occupy  21  percent  of  executive  ana 
management  positions  and  nearly  45  percent  of  professional  and  technical  positions. 
The  average  hfe  expectancy  for  women  increased  by  12  years  since  the  early  1970's 
to  77  years,  higher  than  the  72-year  average  for  men. 

Children. — Tne  Gk)vemment  is  committed  to  children's  rights  and  welfare  through 
well-funded  systems  of  public  education  and  medical  care.  The  Government  spends 
over  5  percent  of  GDP  on  medical  care.  In  June  the  Legislative  Assembly  passed 
a  constitutional  amendment  increasing  spending  on  education  from  4  percent  to  6 
percent  of  GDP.  The  country  has  a  high  rate  of  literacy  (95  percent)  and  a  low  rate 
of  infant  mortality  (13  persons  per  1,000).  The  law  requires  6  years  of  primary  and 
3  years  of  secondary  education  for  all  children.  There  is  no  difference  in  the  treat- 
ment of  girls  and  boys  in  education  or  in  health  care  services.  The  autonomous  Na- 
tional Institute  for  Children  (PANI)  oversees  implementation  of  the  Government's 
programs  for  children.  In  December  1996,  the  Assembly  passed  a  law  strengthening 
PANI's  role  in  protecting  and  promoting  the  rights  of  children;  in  accordance  with 
the  precepts  of  the  United  Nations  Convention  on  the  Rights  of  the  Child. 

In  recent  years,  the  PANI  has  increased  public  awareness  of  crimes  against  chil- 
dren. In  1996,  the  most  recent  year  for  which  statistics  are  available,  the  Institute 
intervened  in  3,161  cases  of  abandonment,  1,030  cases  of  physical  abuse,  1,195  cases 
of  sexual  abuse,  and  98  cases  of  psychological  abuse  of  children.  Abuses  appear  to 
be  more  prevalent  among  impoverished,  less-educated  families.  Traditional  attitudes 
and  the  inclination  to  treat  such  crimes  as  misdemeanors  sometimes  hamper  legal 
proceedings  against  those  who  commit  crimes  against  children. 

In  February  1996,  the  PANI  announced  a  comprehensive  plan  to  improve  the  con- 
ditions of  the  poorest  children.  According  to  Institute  estimates,  17  percent  of  chil- 
dren between  the  ages  of  5  and  17  are  involved  in  income-producing  activities,  and 
25,000  children  work  rather  than  attend  school.  The  (}overnment,  police  sources, 
and  representatives  of  the  United  Nations  Children's  Fund  acknowledge  that  child 
prostitution  is  a  growing  problem.  Although  no  official  statistics  exist,  the  PANI  has 
identified  street  children  in  the  urban  areas  of  San  Jose,  Limon,  and  Puntarenas 
as  being  at  the  greatest  risk.  The  PANI  estimates  that  as  many  as  3,000  children 
in  metropolitan  San  Jose  are  involved  in  prostitution.  In  April  the  Institute 
launched  a  campaign  against  child  prostitution  in  cooperation  with  police,  airport 
immigration  authorities,  and  hotel  operators. 

People  With  Disabilities. — The  Equal  Opportunity  for  Persons  with  Disabilities 
Law  prohibits  discrimination,  provides  for  health  care  services,  and  mandates  provi- 
sion of  access  to  buildings  for  persons  with  disabilities.  This  law  is  not  widely  en- 
forced and  many  buildings  remain  inaccessible  to  persons  with  disabilities.  Nonethe- 
less, a  number  of  public  and  private  institutions  have  made  individual  efforts  to  im- 
prove access.  In  March  the  Ministry  of  Public  Education  announced  that  students 
with  disabilities  may  enroll  in  the  school  of  their  choice  without  impediment.  The 
PANI  and  the  Ministry  published  specific  classroom  guidelines  for  assisting  children 
with  hearing  loss,  motor  difficulties,  attention  deficit,  and  mental  retardation. 

Indigenous  People. — The  population  of  about  3.3  million  includes  nearly  29,(X)0  in- 
digenous people  among  8  ethnic  groups.  Most  live  in  traditional  communities  on  22 
reserves  which,  because  of  their  remote  location,  often  lack  access  to  schools,  health 
care,  electricity,  and  potable  water.  The  (Government,  through  the  National  Indige- 
nous Commission,  completed  distribution  of  identification  cards  to  facilitate  access 
to  public  medical  facilities.  The  Government  also  built  a  medical  clinic  and  several 
community  health  centers  in  indigenous  areas.  The  Ombudsman  has  established  an 
office  to  investigate  violations  of  the  rights  of  indigenous  people. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  specifies  the  right  of  workers  to  join  unions 
of  their  choosing  without  prior  authorization,  although  barriers  exist  in  practice. 
About  15  percent  of  the  work  force  is  unionized,  almost  entirely  in  the  public  sector. 
Unions  operate  independently  of  government  control. 

Some  trade  union  leaders  contend  that  "solidarity"  associations,  in  which  employ- 
ers provide  access  to  credit  unions  and  savings  plans  in  return  for  agreement  to 
avoid  strikes  and  other  types  of  confrontation,  infringe  upon  the  right  oi  association. 
After  the  International  Labor  Organization  (ILO)  Committee  on  Freedom  of  Associa- 
tion ruled  that  solidarity  associations  and  their  involvement  in  trade  union  activi- 
ties violated  freedom  of*^  association,  the  Government  amended  the  Labor  Code  in 
1993.  The  following  year,  the  ILO  Committee  of  Experts  (COE)  ruled  that  these  and 
other  planned  changes  fostered  greater  freedom  of  association.  In  1995  the  COE  en- 
couraged the  Government  to  approve  legislation  to  allow  unions  to  administer  com- 


480 

pensation  funds  for  dismissed  workers  and  to  repeal  labor  code  provisions  restrict- 
ing the  right  to  strike  in  certain  nonessential  public,  agricultural,  and  forestry  sec- 
tors. This  recommendation  remained  under  government  consideration  at  year's  end. 

There  are  no  restrictions  on  the  right  of  private  sector  workers  to  strike,  but  very 
few  workers  in  this  sector  belong  to  unions.  Accordingly,  private  sector  strikes  rare- 
ly occur.  The  Constitution  and  Labor  Code  restrict  the  rignt  of  public  sector  workers 
to  strike.  In  May  workers  from  the  state-owned  electric  and  telecommunications 
utility  staged  a  brief  work  stoppage  to  call  attention  to  proposals  for  restructuring 
the  utility.  Although  workers  demonstrated  in  several  cities,  the  protests  failed  to 
attract  significant  worker  support.  Utility  operations  were  not  disrupted  and  the 
work  stoppage  concluded  peacefully. 

Unions  may  form  federations  and  confederations  and  affiliate  internationally. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  protects  the 
right  to  organize.  Specific  provisions  of  the  1993  labor  code  reforms  provide  protec- 
tion from  dismissal  for  union  organizers  and  members  during  union  formation.  The 
revised  provisions  require  employers  found  guilty  of  discrimination  to  reinstate 
workers  fired  for  union  activities. 

Public  sector  workers  cannot  engage  in  collective  bargaining  because  the  Public 
Administration  Act  of  1978  makes  labor  law  inapplicable  in  relations  between  the 
Government  and  its  employees.  Private  sector  unions  have  the  legal  right  to  engage 
in  collective  bargaining. 

All  labor  regulations  apply  fully  to  the  country's  nine  export  processing  zones 
(EPZ's).  The  Labor  Ministry  oversees  labor  regulations  within  the  EPZ's,  but  ac- 
knowledged that  it  has  only  1  inspector  for  every  30,000  workers. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Tlie  Constitution  prohibits  forced 
or  compulsory  labor,  and  there  were  no  known  instances  of  such  practices.  Laws 
prohibit  forced  and  bonded  labor  by  children,  and  the  Government  enforces  this  pro- 
hibition effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Con- 
stitution provides  special  employment  protection  for  women  and  children  and  estab- 
lishes the  minimum  working  age  at  12  years,  with  special  regulations  in  force  for 
workers  under  the  age  of  15.  Laws  prohibit  forced  and  bonded  labor  by  children, 
and  the  Government  enforces  this  prohibition  effectively.  Children  between  15  and 
18  years  of  age  can  work  a  maximum  of  7  hours  daily  and  42  hours  weekly,  while 
children  between  the  ages  of  12  and  15  can  work  a  maximum  of  5  hours  daily  and 
30  hours  weekly.  The  PANl,  in  cooperation  with  the  Labor  Ministry,  generally  en- 
forces these  regulations  in  the  formal  sector.  Due  to  limited  government  resources 
for  enforcement,  some  children  work  on  the  fringes  of  the  formal  economy  in  excess 
of  these  limits.  After  two  adolescents  died  from  chemical  poisoning  while  working 
on  banana  plantations  in  1993,  the  authorities  prohibited  employment  of  youths 
under  the  age  of  18  in  the  banana  industry.  Nonetheless,  child  labor  remains  an 
integral  part  of  the  large  informal  economy.  According  to  a  PANI  survey,  about 
152,000  children  worked  during  1995,  of  whom  nearly  93,000  had  prior  PANI  ap- 
proval. 

e.  Acceptable  Conditions  of  Work. — The  Constitution  provides  for  a  minimum 
wage.  A  National  Wage  Council,  composed  of  three  members  each  from  government, 
business,  and  labor,  sets  minimum  wage  and  salary  levels  for  all  sectors.  Monthly 
minimum  wages,  last  adjusted  in  July  for  the  private  sector,  range  from  $128 
(30,179  colones)  for  domestic  employees  to  $622  (146,274  colones)  for  some  profes- 
sionals. Public  sector  negotiations,  based  on  private  sector  minimum  wages,  nor- 
mally follow  the  settlement  of  private  sector  negotiations.  The  Ministry  of  Labor  ef- 
fectively enforces  minimum  wages  in  the  San  Jose  area,  but  less  effectively  in  rural 
areas.  Especially  at  the  lower  end  of  the  wage  scale,  the  minimum  wage  is  insuffi- 
cient to  provide  a  worker  and  family  a  decent  standard  of  living. 

The  (Constitution  sets  workday  hours,  overtime  remuneration,  days  of  rest,  and 
annual  vacation  rights.  Although  often  circumvented  in  practice,  it  also  requires 
compensation  for  discharge  without  due  cause.  Generally,  workers  may  work  a  max- 
imum of  8  hours  during  the  day  and  6  at  night,  up  to  weekly  totals  of  48  and  36 
hours,  respectively.  Nonagricultural  workers  receive  an  overtime  premium  of  50  per- 
cent of  regular  wages  for  work  in  excess  of  the  daily  work  shift.  Agricultural  work- 
ers do  not  receive  overtime,  however,  if  they  voluntarily  work  beyond  their  normal 
hours.  Little  evidence  exists  that  employers  coerce  employees  to  perform  such  over- 
time. 

For  several  years,  the  ILO  COE  asked  the  Government  to  enact  provisions  regard- 
ing accident  prevention  for  seafarers,  as  required  by  ILO  Convention  134  on  the 
"TPrevention  of  Accidents  (Seafarers)."  The  COE  had  not  yet  received  the  requested 
regulations  at  year's  end. 


481 

A  1967  law  on  health  and  safety  in  the  workplace  requires  industrial,  agricul- 
tural, and  commercial  firms  with  10  or  more  workers  to  establish  a  joint  manage- 
ment-labor committee  on  workplace  conditions  and  allows  the  Government  to  in- 
spect workplaces  and  to  fine  employers  for  violations.  Most  firms  subject  to  the  law 
establish  such  committees  but  either  do  not  use  the  committees  or  neglect  to  turn 
them  into  effective  instruments  for  improving  workplace  conditions.  WTiile  workers 
have  the  right  to  leave  work  if  conditions  become  dangerous,  workers  who  do  so  may 
find  their  jobs  in  jeopardy  unless  they  file  written  complaints  with  the  Labor  Min- 
istry. Due  partly  to  budgetary  constraints,  the  Ministry  has  not  fielded  enough  labor 
inspectors  to  ensure  consistent  maintenance  of  minimum  conditions  of  safety  and 
sanitation,  especially  outside  San  Jose. 


CUBA 


Cuba  is  a  totalitarian  state  controlled  by  President  Fidel  Castro,  who  is  Chief  of 
State,  Head  of  Government,  First  Secretary  of  the  Communist  Party,  and  com- 
mander in  chief  of  the  armed  forces.  President  Castro  exercises  control  over  all  as- 
pects of  Cuban  life  through  the  Communist  Party  and  its  affiliated  mass  organiza- 
tions, the  government  bureaucracy,  and  the  state  security  apparatus.  The  Com- 
munist Party  is  the  only  legal  political  entity,  and  President  Castro  personally  ap- 
proves the  membership  of  the  Politburo,  the  select  group  that  heads  the  party.  The 
party  controls  all  government  positions,  including  judicial  offices. 

The  Ministry  of  Interior  is  the  principal  organ  of  state  security  and  totalitarian 
control.  Officers  of  the  Revolutionary  Armed  Forces  (FAR),  which  are  led  by  Presi- 
dent Castro's  brother  Raul,  have  been  assigned  to  the  majority  of  key  positions  in 
the  Ministry  of  Interior  in  recent  years.  In  addition  to  the  routine  law  enforcement 
functions  of  regulating  migration,  controlling  the  Border  Guard  and  the  regular  po- 
lice forces,  the  Interior  Ministry's  Department  of  State  Security  investigates  and  ac- 
tively suppresses  organized  opposition  and  dissent.  It  maintains  a  pervasive  system 
of  vigilance  through  undercover  agents,  informers,  the  rapid  response  brigades,  and 
the  Committees  for  the  Defense  of  the  Revolution  (CDR's).  While  the  Government 
traditionally  used  the  CDR's  to  mobilize  citizens  against  dissenters,  impose  ideologi- 
cal conformity,  and  root  out  "counter-  revolutionary"  behavior,  severe  economic  prob- 
lems have  reduced  the  willingness  of  citizens  to  participate  in  the  CDR's  and  there- 
by lessened  their  efiiectiveness.  Other  mass  organizations  also  inject  government 
and  Communist  Party  control  into  citizens'  daily  activities  at  home,  work,  and 
school. 

The  Government  continued  to  control  all  significant  means  of  production  and  re- 
mained the  predominant  employer,  despite  permitting  some  carefully  controlled  for- 
eign investment.  Foreign  employers  continue  to  contract  workers  through  state 
agencies,  which  pay  the  workers  extremely  low  wages  while  receiving  large  hard 
currency  payments.  The  Government  has  also  legalized  some  minor  categories  of 
self-employment.  Although  the  Government  forecast  a  modest  economic  growth  rate 
of  some  2.5  percent  (down  from  a  claimed  7.8  pjercent  in  1996),  the  economy  re- 
mained depressed  due  to  the  inefilciencies  of  the  centrally  controlled  economic  sys- 
tem; the  deterioration  of  plant,  equipment,  and  the  transportation  system;  the  col- 
lapse of  trade  relations  with  the  former  Soviet  bloc;  the  loss  of  billions  of  dollars 
of  annual  Soviet  subsidies;  and  the  poor  performance  of  the  important  sugar  har- 
vest. For  the  seventh  straight  year,  the  Government  continued  its  austerity  meas- 
ures known  euphemistically  as  the  "special  period  in  peacetime."  Agricultural  mar- 
kets, legalized  in  1994,  gave  consumers  wider  access  to  meat  and  produce,  although 
at  prices  beyond  the  reach  of  most  Cubans  living  on  peso-only  incomes.  The  system 
of  tourist  apartheid"  continued,  with  foreign  visitors  who  pay  in  hard  currency  re- 
ceiving preference  over  citizens  for  food,  consumer  products,  and  medical  services. 
Citizens  remain  barred  from  access  to  the  tourism  industry's  hotels,  beaches,  and 
resorts. 

The  Government's  human  rights  record  remained  poor.  It  continued  systemati- 
cally to  violate  fundamental  civil  and  political  rights  of  its  citizens.  Citizens  do  not 
have  the  right  to  change  their  government.  There  were  several  credible  reports  of 
death  due  to  excessive  use  of  force  by  the  police.  Members  of  the  security  forces  and 
prison  ofiicials  continued  to  beat  and  otherwise  abuse  detainees  and  prisoners.  Pris- 
on conditions  remained  harsh.  The  authorities  routinely  continued  to  narass,  threat- 
en, arbitrarily  arrest,  detain,  imprison,  and  defame  human  rights  advocates  and 
members  of  independent  professional  associations,  including  journalists,  economists, 
and  lawyers,  often  with  the  goal  of  goading  them  into  leaving  the  country.  The  Gov- 
ernment used  internal  and  external  exile  against  such  persons,  and  political  pris- 


482 

oners  were  ofTered  the  choice  of  exile  or  continued  imprisonment.  The  Government 
denied  political  dissidents  and  human  rights  advocates  due  process  and  subjected 
them  to  unfair  trials.  The  judiciary  is  completely  subordinate  to  the  Government 
and  to  the  Communist  Party.  The  Government  infringed  upon  citizens'  right  to  pri- 
vacy. The  Government  denied  citizens  the  freedoms  of  speech,  press,  assembly,  and 
association.  It  limited  the  distribution  of  foreign  publications  and  news  to  selected 
party  faithful.  The  Government  kept  tight  restrictions  on  freedom  of  movement,  and 
some  religious  activities  were  restricted.  The  Government  was  sharply  and  publicly 
antagonistic  to  all  criticism  of  its  human  rights  practices  and  sought  to  thwart  for- 
eign contacts  with  human  rights  activists.  Discrimination  against  women  and  racial 
discrimination  often  occur.  The  Government  severely  restricted  worker  rights,  in- 
cluding the  right  to  form  independent  unions. 

In  April  the  United  Nations  Human  Rights  Commission  (UNHRC)  again  passed 
a  resolution  endorsing  the  report  of  the  UNHRC  Special  Rapporteur,  which  detailed 
Cuba's  human  rights  violations.  For  the  fifth  consecutive  year,  the  Government  re- 
fused the  Special  Rapporteur  permission  to  visit  Cuba. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  politically 
motivated  killings  by  government  ofTicials.  However,  there  were  several  credible  re- 
ports of  death  due  to  the  excessive  use  of  force  by  the  national  police;  government 
sanctions  against  the  perpetrators  were  typically  light. 

On  May  21,  Guantanamo  policeman  Marcos  Moran  Peregrin  reportedly  shot  27- 
year-old  Caspar  Torres  Vegne.  Three  policemen  apparently  stopped  Torres  while  he 
was  riding  home  on  his  bicycle.  The  ensuing  police  search  turned  violent;  Torres  was 
struck  and  fell  to  the  ground,  where  Moran  shot  him.  Torres  died  in  the  hospital 
on  June  3.  The  Guantanamo  provincial  court  held  a  closed-door  trial  and  sentenced 
Moran  to  3  years  in  prison,  one-half  the  sentence  the  prosecutors  requested.  Subse- 
quent to  the  trial,  a  human  rights  group  protested  tne  harassment  by  the  police 
against  Torres's  nephew.  Penis  Fornier  Torres,  as  an  apparent  reprisal  for  Fournier 
having  pressed  changes  against  Moran. 

During  the  year,  at  least  seven  explosive  devices  detonated  in  hotels  and  a  res- 
taurant in  Havana.  One  of  the  explosions  killed  an  Italian  tourist  on  September  4. 
On  September  10,  the  Government  announced  the  arrest  of  El  Salvador  citizen  Raul 
Ernesto  Cruz  Leon  and  charged  him  with  being  the  "material  author"  of  the  killings. 
At  year's  end,  Cruz  Leon  remained  in  detention  and  had  not  been  tried. 

In  October  1996,  the  Inter-American  Commission  on  Human  Rights  (lACHR)  is- 
sued its  final  report  on  the  Government's  July  13,  1994,  sinking  of  the  "13th  of 
March"  tugboat  which  killed  41  persons,  including  women  and  children.  The  lACHR 
concluded  that  the  Government  violated  the  American  Declaration  on  the  Rights 
and  Duties  of  Man  and  found  the  Government  legally  obligated  to  indemnify  the 
survivors  and  the  relatives  of  the  victims  for  the  damages  caused;  at  year's  end,  the 
Government  had  not  yet  done  so. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  abusive  treatment  of  detainees  and  prisoners,  but  there 
were  instances  in  which  members  of  the  security  forces  and  prison  officials  beat  and 
otherwise  abused  human  rights  advocates,  detainees,  and  prisoners.  For  example, 
human  rights  groups  in  Pinar  del  Rio  province  reported  that  on  March  21,  p)olice 
officer  Luis  Montano  and  another  policeman  beat  Luis  Reyes  Ijcdesma  and  then 
forced  him  into  a  crypt  at  the  Arroyo  Mantua  cemetery  for  3  hours  because  Reyes 
refused  to  answer  the  policemen's  questions. 

Individuals  linked  to  state  security  forces  subjected  human  rights  advocates  to 
physical  aggression  and  threats.  On  May  1,  state  security  officers  punched,  kicked, 
and  dragged  human  rights  activist  Ana  Maria  Agramonte  from  her  home  after  she 
decUned  to  restrict  her  movements  during  the  May  Day  Communist  Party  celebra- 
tions. Agramonte  was  subsequently  charged  with  disrespect  and  sentenced  to  18 
months  in  prison  on  May  16,  without  the  benefit  of  defense  counsel. 

In  June  state  security  police  in  Cienfuegos  detained  human  rights  activists  Miguel 
Angel  Hernandez  and  Benito  Fojaco.  During  the  interrogations,  they  were  put  in  a 
small  storage  cabinet  and  exposed  to  noxious  fumes  for  over  an  hour  before  being 
released.  In  October  state  security  police  detained  Fojaco  and  five  other  human 
rights  activists  in  Cienfuegos.  At  year's  end,  they  remained  in  detention  and  under 
investigation  on  charges  of  distributing  enemy  propaganda. 

In  July  state  security  officers  conducted  a  search  of  the  home  of  human  rights  ac- 
tivist Jesus  Yanez  Pelletier.  The  ofTicers  threatened  Yanez  Pelletier  and  his  partner. 


483 

warning  that  her  children  would  be  taken  away  should  they  continue  their  activi- 
ties. An  officer  pointed  to  one  of  her  children's  drawings  that  depicted  a  human 
rights  theme  and  said  that  it  showed  that  they  were  not  raising  the  children  prop- 
eny,  that  is,  "within  the  revolution."  The  officer  threatened  to  bring  a  government 
chUd  specialist  to  "evaluate"  the  children  and  the  adults'  "fitness"  to  continue  rais- 
ing them. 

Similarly,  in  August  state  security  officers  repeatedly  threatened  human  rights 
activist  Leonel  Morejon  Almagro  (see  Section  l.d.)  and  his  wife  Zoiris  Aguilar 
Callejas  with  the  loss  of  their  child.  The  officers  warned  that  both  parents  might 
be  sent  to  jail  and  the  child  might  be  taken  from  them  to  be  raised  by  the  State, 
unless  they  ceased  their  activities  in  opposition  to  the  State. 

The  Government  continued  to  subject  those  who  disagree  with  it  to  "acts  of  repu- 
diation." At  state  security  instigation,  members  of  state-controlled  mass  organiza- 
tions, workmates,  or  neighbors  are  obliged  to  stage  public  protests  against  those 
who  dissent  from  the  Government's  policies,  shouting  obscenities  and  often  causing 
damage  to  the  homes  and  property  of  those  targeted;  physical  attacks  on  the  victims 
are  not  uncommon.  Police  and  state  security  agents  are  often  present  but  take  no 
action  to  prevent  or  end  the  attacks.  On  May  31,  four  men  attacked  independent 
journalist  Joaquin  Torres  at  his  home  in  Havana;  the  men  then  led  an  act  of  repudi- 
ation against  him  as  police  stood  by  without  intervening.  In  June  human  rights  ac- 
tivists in  Pinar  del  Rio  were  subjected  to  acts  of  repudiation  at  their  work  places 
by  fellow  workers  coerced  into  participating  by  government  union  foremen;  police  or 
local  authorities  ordered  other  activists  to  go  to  government  facilities  where  they 
were  also  subjected  to  these  acts. 

Prison  conditions  continued  to  be  harsh.  The  Government  claims  that  prisoners 
have  rights,  such  as  family  visitation,  adequate  nutrition,  pay  for  work,  the  right 
to  request  parole,  and  the  right  to  petition  the  prison  director.  However,  police  and 
prison  officials  often  denied  these  rights  and  used  beatings,  neglect,  isolation,  denial 
of  medical  attention,  and  other  forms  of  abuse  against  detainees  and  prisoners,  in- 
cluding those  convicted  of  political  crimes  or  who  persisted  in  expressing  their 
views.  There  are  separate  prison  facilities  for  women  and  for  minors. 

The  lACHR  reported  that  prison  authorities  subjected  prisoners  who  protested 
their  conditions  or  treatment  to  reprisals  such  as  beatings,  transfer  to  punishment 
cells,  transfer  to  prisons  far  from  their  families,  suspension  of  family  visits,  or  de- 
nial of  medical  treatment.  A  member  of  the  France-Liberte  delegation  that  visited 
Cuba  in  May  1995  interviewed  political  prisoners  and  stated  that  lengthy  and  often 
incommunicado  pretrial  detention  constitutes  a  form  of  psychological  torture.  State 
security  officials  also  subjected  dissidents  to  threats  of  pnysical  violence,  as  well  as 
to  systematic  psychological  intimidation,  sleep  deprivation,  imprisonment  in  cells 
with  common  criminals,  aggressive  homosexuals,  or  state  security  agents  posing  as 
prisoners,  in  an  attempt  to  coerce  them  to  sign  incriminating  documents  or  to  be- 
come state  security  collaborators.  Prison  authorities  often  placed  political  prisoners 
in  cells  with  common  and  sometimes  violent  criminals  and  required  that  tney  com- 
ply with  the  rules  for  common  criminals. 

In  December  Amnesty  International  (AI)  called  on  the  Government  to  stop  abu- 
sive treatment  of  Jorge  Luis  Garcia  Perez,  Nestor  Rodriguez  Lobaina,  and  Francisco 
Herodes  Diaz  Echemendia,  held  in  Combinado  de  Guantanamo  prison.  In  September 
over  30  guards  reportedly  beat  and  badly  injured  the  three  prisoners  while  they 
were  handcuffed.  In  October  they  were  being  held  naked,  in  punishment  cells  with- 
out bedding,  and  being  denied  medical  treatment.  AI  asked  the  Government  to  stop 
holding  the  prisoners  in  conditions  it  termed  "cruel,  inhuman,  and  degrading,"  to 
undertake  an  impartial  investigation,  and  to  punish  those  responsible  for  the 
abuses. 

Jesus  Chamber  Ramirez,  sentenced  to  10  years  in  prison  for  enemy  propaganda 
and  disrespect  against  government  authority,  was  regularly  denied  family  visits  for 
insisting  that  he  be  treated  as  a  political  rather  than  a  common  prisoner.  Chamber 
was  transferred  in  July  from  Kilo  8  prison  in  Camaguey  to  Bayamo  prison,  closer 
to  his  family  in  Santiago  de  Cuba,  but  prison  guards  continued  to  bait  him  and 
order  him  to  shout  slogans  favorable  to  the  President.  Chamber  responded  with  con- 
trary slogans;  as  a  result,  he  was  charged  and  sentenced  twice  to  additional  2-year 
terms  for  disrespect,  with  a  possible  third  charge  pending.  In  September,  Chamber, 
whose  prison  term  stands  at  14  years,  was  again  placed  in  solitary  confinement  for 
having  shouted  "down  with  Fidel."  Chamber  has  neld  numerous  hunger  strikes  of 
short  duration  to  protest  poor  prison  conditions;  he  and  another  inmate,  Julio 
Moralez  Gonzalez,  reported  that  they  have  been  beaten  and  punished  for  demanding 
better  treatment.  At  year's  end.  Chamber's  third  trial  for  disrespect  was  still  pencf- 
ing. 


484 

The  rights  to  adequate  nutrition  and  medical  attention  also  were  violated  regu- 
lariy.  The  lACHR  described  the  nutritional  and  hygienic  situation  in  the  prisons, 
together  with  the  deficiencies  in  medical  care,  as  "alarming."  Both  the  lACHR  and 
the  U.N.  Special  Rapporteur,  as  well  as  other  human  rights  monitoring  organiza- 
tions, reported  the  widespread  incidence  in  prisons  of  tuberculosis,  scabies,  hepa- 
titis, parasitic  infections,  and  malnutrition. 

Prison  officials  regularly  denied  prisoners  other  rights,  such  as  the  right  of  cor- 
respondence, and  continued  to  confiscate  medications  and  food  brought  by  family 
members  for  political  prisoners.  State  security  officials  in  Havana's  Villa  Marista  fa- 
cility took  medications  brought  by  family  members  for  detainees  and  then  refused 
to  give  the  detainees  the  medicine,  despite  repeated  assurances  that  they  would. 

Ci  January  prison  guards  placed  Leonel  Morejon  Almagro  in  solitary  confinement 
for  4  days  for  trying  to  send  a  letter  to  Cardinal  Ortega  requesting  his  intercession 
for  a  pastoral  visit,  which  authorities  had  denied  to  Morejon  since  his  detention  10 
months  earlier.  On  May  7,  officials  in  Pinar  del  Rio's  Kilometer  SVz  prison  denied 
pastoral  visits  to  Rosa  Maria  Pujol  Llanes.  Pujol's  family  had  requested  the  visits 
because  of  Pujol's  poor  health  and  concern  for  her  state  of  mind.  Pujol  reportedly 
lost  over  50  pounds  since  entering  prison;  she  is  serving  a  10-year  sentence  for  "pi- 
racy." 

The  Government  does  not  permit  independent  monitoring  of  prison  conditions  by 
international  or  national  human  rights  monitoring  groups.  Human  rights  activists 
continued  to  seek  information  on  conditions  inside  jails  despite  the  risks  to  them- 
selves and  to  their  prison  sources.  On  September  5,  a  military  tribunal  sentenced 
human  rights  activist  Maritza  Lugo  to  2  years  of  house  arrest  for  'Taribery,"  for  hav- 
ing attempted  to  smuggle  a  tape  recorder  into  a  prison  in  order  to  obtain  direct  tes- 
timony from  inmates. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Law  of  Penal  Procedures  requires 
police  to  file  formal  charges  and  either  release  a  detainee  or  bring  the  case  before 
a  prosecutor  within  96  hours  of  arrest.  It  also  requires  the  authorities  to  provide 
suspects  with  access  to  a  lawyer  within  7  days  of  arrest.  However,  the  Constitution 
states  that  all  legally  recognized  civil  liberties  can  be  denied  to  anyone  who  actively 
opposes  the  "decision  of  the  Cuban  people  to  build  socialism."  The  authorities  rou- 
tinely invoke  this  sweeping  authority  to  deny  due  process  to  those  detained  on  pur- 
ported state  security  grounds. 

The  authorities  routinely  engage  in  arbitrary  arrest  and  detention  of  human 
rights  advocates,  subjecting  them  to  interrogations,  threats,  and  degrading  treat- 
ment and  conditions  for  hours  or  days  at  a  time. 

On  July  16,  the  Government  arrested  the  four  members  of  the  "internal  dissident 
working  group"  (economist  Martha  Beatriz  Roque,  professor  Felix  Bonne  Carcasses, 
lawyer  Rene  Gromez  Manzano,  and  Vladimiro  Roca  Antunes),  because  of  their  peace- 
ful activities  in  expressing  their  disagreement  with  the  Government.  In  May  and 
June,  the  group  sought  international  support  for  its  political  positions  and  non- 
violent dissent  from  the  Government's  policies.  The  working  group  also  made  a  pub- 
lic appeal  to  citizens  to  exercise  their  legal  right  to  abstain  from  participating  in 
upcoming  national  elections.  It  held  two  well-attended  press  conferences  with  for- 
eign journalists.  During  the  second  press  conference,  the  group  presented  "The 
Homeland  Belongs  to  All,"  a  paper  that  outlined  a  moderate  response  to  the  plat- 
form document  of  the  Cuban  Communist  Party's  fifth  party  congress.  On  July  16, 
state  security  agents  launched  coordinated  raids  against  the  working  group  mem- 
bers' homes  and  took  the  four  members  to  police  stations.  State  security  officers 
searched  their  homes  and  seized  books,  papers,  correspondence,  and  personal  arti- 
cles such  as  typewriters  and  computers.  In  November  the  authorities  transferred 
the  four  from  Havana's  Villa  Marista  state  security  facility  to  separate  prisons:  Roca 
to  Ariza  prison  in  Cienfuegos  province;  Gomez  Manzano  to  Aguija  prison  in 
Matanzas  province,  Bonne  to  Guanajay  prison  in  Havana  province,  and  Roque  to 
Manto  Negro  women's  prison,  also  in  Havana  province.  At  year's  end,  there  were 
still  no  indications  whetner  the  Government  would  put  the  group  on  trial  on  charges 
of  disseminating  enemy  propaganda. 

On  June  25,  the  Government  arrested  medical  doctor  and  human  rights  activist 
Dessy  Mendoza  at  his  home  in  Santiago  de  Cuba.  Dr.  Mendoza  was  detained  be- 
cause of  his  efforts  in  February  to  alert  the  public,  through  the  international  media, 
about  an  outbreak  of  hemorrhagic  dengue  fever  in  Santiago  de  Cuba,  which  resulted 
in  the  death  of  about  30  persons.  In  June  the  Government  finally  acknowledged  the 
outbreak  and  began  a  belated  fumigation  effort  in  Santiago  de  Cuba,  Havana,  and 
elsewhere.  In  December  the  Government  tried,  convicted,  and  sentenced  Dr.  Men- 
doza to  8  years  in  prison  for  disseminating  false  information.  The  unhealthful  condi- 
tions of  his  detention  required  his  hospitalization. 


485 

On  October  9,  10  human  rights  activists  in  Santa  Clara  initiated  a  prolonged  fast 
to  protest  the  incarceration  of  Daula  Carpio  Matas,  who  had  originally  been  sen- 
tenced to  house  arrest  for  a  previous  incident.  At  4:00  a.m.  on  October  14,  police 
raided  the  home  where  the  fast  was  taking  place  and  detained  the  occupants.  On 
October  23,  a  court  convicted  the  fasting  dissidents  of  association  to  commit  crimes 
and  disobedience,  and  sentenced  them  to  a  variety  of  terms  ranging  from  18  months 
in  jail  to  18  months'  probation.  At  year's  end,  six  of  the  dissidents  were  continuing 
the  fast,  four  of  them  in  a  hospital. 

The  Penal  Code  also  includes  the  concept  of  "dangerousness,"  defined  as  the  "spe- 
cial proclivity  of  a  person  to  commit  crimes,  demonstrated  by  his  conduct  in  mani- 
fest contradiction  oi  socialist  norms."  If  the  police  decide  that  a  person  exhibits  signs 
of  dangerousness,  they  may  detain  the  offender,  bring  him  before  a  court,  or  subject 
him  to  "therapy"  or  "political  reeducation."  Government  authorities  regularly  threat- 
en citizens  with  prosecution  under  this  article.  Both  the  UNHRC  and  the  lACHR 
condemned  this  concept  for  its  subjectivity,  the  summary  nature  of  the  judicial  pro- 
ceedings employed,  the  lack  of  legal  safeguards  for  the  accused,  and  the  political 
considerations  behind  its  application.  According  to  the  LACHR,  "the  special  inclina- 
tion to  commit  crimes  referred  to  in  the  Cuban  criminal  code  amounts  to  a  subjec- 
tive criterion  used  by  the  Government  to  justify  violations  of  the  rights  to  indiviclual 
freedom  and  due  process  ofpersons  whose  sole  crime  has  been  an  inclination  to  hold 
a  view  different  from  the  ofiicial  view." 

The  Government  also  used  exile  as  a  tool  for  controlling  and  eliminating  the  inter- 
nal opposition.  Amnesty  International  noted  that  the  Government  had  changed  its 
tactics  in  dealing  with  human  rights  advocates,  and  "rather  than  arresting  them 
and  bringing  them  to  trial,  the  tendency  was  to  repeatedly  detain  them  for  short 
periods  and  threaten  them  with  imprisonment  unless  they  gave  up  their  activities 
or  left  the  country."  In  August  the  Government  used  these  incremental,  aggressive 
tactics  to  compel  Diosmel  Rodriguez,  an  activist  from  Santiago  de  Cuba,  ancfOlance 
Nogueras,  an  independent  journalist  already  under  state-imposed  internal  exile  in 
Cienfuegos,  to  leave  the  country. 

The  Government  has  also  pressured  imprisoned  human  rights  activists  to  apply 
for  emigration  and  regularly  conditioned  their  release  on  acceptance  of  exile.  On 
several  occasions,  state  security  ofiicers  facilitated  passes  to  prisoners  to  come  to  the 
capital  for  the  express  purpose  of  initiating  exit  procedures  with  foreign  diplomatic 
missions. 

Amnesty  International  expressed  "particular  concern"  about  the  Government's 
practice  of  threatening  to  charge,  try,  and  imprison  human  rights  advocates  and 
independent  journalists  prior  to  arrest  or  sentencing  if  they  did  not  leave  the  coun- 
try, which  it  said  "effectively  prevents  those  concerned  from  being  able  to  act  in  pub- 
lic life  in  their  own  country." 

In  August  the  Government  began  a  campaign  of  intense  harassment  against 
Leonel  Morejon  Almagro,  one  of  the  founders  of  the  ConciHo  Cubano,  in  an  attempt 
to  force  him  into  exile.  Morejon  had  been  released  from  Ariza  prison  on  May  9  after 
serving  a  15-month  sentence,  ostensibly  for  disrespect.  Upon  his  release,  the  au- 
thorities warned  Morejon  not  to  attempt  to  restart  the  Concilio,  which  in  February 
1996  attempted  to  bring  together  over  130  prodemocracy  groups  for  a  meeting  in 
Havana.  The  Government's  state  security  apparatus  prevented  the  meeting  by 
launching  a  campaign  of  mass  detentions  and  intimidation  against  more  than  200 
would-be  participants.  State  security  officers  repeatedly  harassed  Morejon's  spouse 
and  his  close  relatives,  subjected  them  to  numerous  arbitrary  house  searches,  and 
threatened  them  with  possible  detention  if  they  did  not  disassociate  themselves 
from  him.  Morejon  was  subjected  to  intense  surveillance,  and  the  authorities 
videotaped  private,  nonpolitical  activities  in  an  attempt  to  increase  their  pressure 
on  him  by  obliging  him  to  restrict  his  personal  life.  Since  May,  Morejon  had  been 
briefly  detained  two  times  and  visited  or  called  in  for  questioning  by  state  security 
agents  on  more  than  a  dozen  occasions. 

e.  Denial  of  Fair  Public  Trial. — Although  the  Constitution  provides  for  independ- 
ent courts,  it  explicitly  subordinates  them  to  the  National  Assembly  (ANPP)  and  the 
Council  of  State,  which  is  headed  by  F'idel  Castro.  The  ANPP  and  its  lower  level 
counterparts  elect  all  judges.  The  subordination  of  the  courts  to  the  Communist 
Party — which  is  designated  in  the  Constitution  as  "the  superior  directive  force  of  the 
society  and  the  state  — further  compromises  the  judiciary's  independence. 

Civil  courts  exist  at  municipal,  provincial,  and  Supreme  Court  levels.  Panels  com- 
posed of  a  mix  of  professionally  certified  and  lay  juages  preside  over  them.  Military 
tribunals  assume  jurisdiction  for  certain  "counterrevolutionary"  cases. 

The  law  and  trial  practices  do  not  meet  international  standards  for  fair  public 
trials.  Almost  all  cases  are  tried  in  less  than  a  day.  There  are  no  jury  trials.  While 
most  trials  are  public,  trials  are  closed  when  state  security  is  allegedly  involved. 


486 

Prosecutors  may  introduce  testimony  from  a  CDR  member  as  to  the  revolutionary 
background  of  a  defendant,  which  may  contribute  to  either  a  longer  or  shorter  sen- 
tence. The  law  recognizes  the  right  of  appeal  in  municipal  courts  but  limits  it  in 
provincial  courts  to  cases  such  as  those  involving  maximum  prison  terms  or  the 
death  penalty.  Appeals  in  death  penalty  cases  are  automatic.  The  death  penalty 
must  ultimately  be  affirmed  by  the  Council  of  State. 

Criteria  for  presenting  evidence,  especially  in  cases  of  human  rights  advocates, 
are  arbitrary  and  discriminatory.  Often  the  sole  evidence  provided,  particularly  in 
political  cases,  is  the  defendant's  confession,  usually  obtained  under  duress  and 
without  the  legal  advice  or  knowledge  of  a  defense  lawyer.  The  authorities  regularly 
deny  defendants  access  to  their  lawyers  until  the  day  of  the  trial.  Several  dissidents 
who  have  served  prison  terms  report  that  they  were  tried  and  sentenced  without 
counsel  and  were  not  allowed  to  speak  on  their  own  behalf.  Amnesty  International 
has  stated  that  "trials  in  all  cases  fall  far  short  of  international  standards  for  a  fair 
trial." 

The  law  provides  the  accused  with  the  right  to  an  attorney,  but  the  control  that 
the  Government  exerts  over  the  livelihood  of  members  of  the  state-controlled  law- 
yers' collectives — especially  when  they  defend  persons  accused  of  state  security 
crimes — compromises  their  ability  to  represent  clients.  Attorneys  have  reported  re- 
luctance to  defend  those  charged  in  political  cases  out  of  fear  of  jeopardizing  their 
own  careers. 

On  July  8,  a  court  sentenced  Radames  Garcia  de  la  Vega,  founder  of  the  "Cuban 
Youths  for  Democracy  Movement,"  to  18  months  at  a  correctional  work  center  for 
having  shown  disrespect  to  Fidel  Castro.  Garcia  de  la  Vega's  prodemocracy  group 
has  called  for  reestablishment  of  political  autonomy  for  the  universities  and  an  end 
to  the  practice  of  admitting  students  to  university  based  on  their  identification  with 
the  revolution.  After  the  sentencing,  ^up  member  Nestor  Rodriguez  Robaina  re- 

gortedly  shouted  "Liberty"  and  "Long  live  democracy."  On  July  25,  a  court  sentenced 
odriguez  to  18  months'  imprisonment  in  Guantanamo  for  "contempt  against  the 
dignity  of  the  court."  The  State  deployed  uniformed  and  plainclothes  security  agents 
around  and  inside  the  courthouse  to  preclude  protests  that  had  taken  place  at  Gar- 
cia de  la  Vega's  trial  from  recurring.  Other  members  of  the  group  were  prosecuted 
shortly  thereafter.  Heriberto  Fuste  was  given  a  2-year  sentence  for  disrespect  to 
Fidel  Castro,  while  due  to  ill  health,  Heriberto  Leyva  was  given  only  a  fine  of  about 
$50  (1,000  pesos — the  equivalent  of  6  months'  median  salary)  and  warned  by  state 
security  officers  to  leave  the  country.  In  September  the  authorities  transferred 
Rodriguez  to  a  hospital  following  his  14-day  hunger  strike  to  protest  the  Govern- 
ment's crackdown  on  prodemocracy  youths  while  it  simultaneously  hosted  an  Inter- 
national Youth  and  Student  Festival  (see  Section  2.b.). 

According  to  Amnesty  International,  some  600  persons  were  imprisoned  for  var- 
ious political  crimes.  Other  human  rights  monitoring  groups  estimate  that  800  indi- 
viduals— not  including  those  held  for  dangerousness — were  imprisoned  on  such 
charges  as  disseminating  enemy  propaganda,  illicit  association,  contempt  for  au- 
thorities (usually  for  criticizing  Fidel  Castro),  clandestine  printing,  or  the  broad 
charge  of  rebellion,  often  brought  against  advocates  of  peaceful  democratic  change. 
In  an  October  1995  television  interview.  President  Castro  acknowledged  and  at- 
tempted to  justify  the  existence  of  political  prisoners  in  Cuba  by  stating  that  this 
was  a  normal  practice  in  many  other  countries. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Al- 
though the  Constitution  provides  for  the  inviolability  of  one's  home  and  correspond- 
ence, official  surveillance  of  private  and  family  affairs  by  government-controlled 
mass  organizations,  such  as  the  CDR's,  remains  one  of  the  most  pervasive  and  re- 

f)ressive  features  of  Cuban  life.  The  State  has  assumed  the  right  to  interfere  in  the 
ives  of  all  citizens,  even  those  who  do  not  actively  oppose  the  Government  and  its 
practices.  The  mass  organizations'  ostensible  purpose  is  to  "improve"  the  citizenry, 
but  in  fact  their  goal  is  to  seek  out  and  discourage  nonconformity.  Citizen  participa- 
tion in  these  mass  organizations  has  declined;  the  economic  crisis  has  both  reduced 
the  Government's  ability  to  provide  material  incentives  for  their  participation  and 
forced  many  people  to  engage  in  black  market  activities,  which  the  mass  organiza- 
tions are  supposed  to  report  to  the  authorities. 

The  authorities  utilize  a  wide  range  of  social  controls.  The  Interior  Ministry  em- 
ploys an  intricate  system  of  informants  and  block  committees  (the  CDR's)  to  monitor 
and  control  public  opinion.  While  less  capable  than  in  the  past,  CDR's  continue  to 
report  on  suspicious  activity,  including  conspicuous  consumption;  unauthorized 
meetings,  including  those  with  foreigners;  and  defiant  attitudes  toward  the  Govern- 
ment and  the  revolution. 

The  Department  of  State  Security  often  reads  international  correspondence  and 
monitors  overseas  telephone  calls  and  conversations  with  foreigners.  The  Govern- 


487 

ment  controls  all  access  to  the  Internet,  and  all  electronic  mail  messages  are  subject 
to  censorship.  Citizens  do  not  have  the  right  to  receive  publications  from  abroad, 
although  newsstands  in  foreigners-only  hotels  and  outside  certain  hard  currency 
stores  do  sell  foreign  newspapers  and  magazines.  The  Government  continued  to  jam 
U.S.-operated  Radio  Marti  and  Television  Marti,  although  Radio  Marti  broadcasts 
regularly  overcame  the  jamming  attempts.  Security  agents  subject  dissidents,  for- 
eign diplomats,  and  journalists  to  harassment  and  surveillance,  including  electronic 
surveillance. 

The  authorities  regularly  search  people  and  their  homes,  without  probable  cause, 
to  intimidate  and  harass  them.  State  security  agents  searched  the  homes  of  hun- 
dreds of  political  dissidents,  human  rights  advocates,  and  independent  journalists, 
seizing  typewriters,  personal  and  org£nizational  documents,  books,  and  foreign 
newspapers. 

The  authorities  regularly  detained  human  rights  advocates  after  they  visited  for- 
eign diplomatic  missions,  confiscated  their  written  reports  of  human  rights  abuses, 
and  seized  copies  of  foreign  newspapers  and  other  informational  material. 

There  were  numerous  credible  reports  of  forced  evictions  of  squatters  and  resi- 
dents who  lacked  official  permission  to  reside  in  Havana  (see  Section  5). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Government  does  not  allow  criticism  of  the 
revolution  or  its  leaders.  Laws  against  antigovernment  propaganda,  graffiti,  and  in- 
sults against  officials  carry  penalties  of  from  3  months  to  1  year  in  prison.  If  Presi- 
dent Castro  or  members  of  the  National  Assembly  or  Council  of  State  are  the  object 
of  criticism,  the  sentence  can  be  extended  to  3  years.  Charges  of  disseminating 
enemy  propaganda  (which  includes  merely  expressing  opinions  at  odds  with  those 
of  the  Government)  can  bring  sentences  of  up  to  14  years.  Local  CDR's  inhibit  free- 
dom of  speech  by  monitoring  and  reporting  aissent  or  criticism.  Police  and  state  se- 
curity omcials  regularly  harassed,  tnreatenod,  and  otherwise  abused  human  rights 
advocates  in  public  and  private  as  a  means  of  intimidation  and  control. 

The  Constitution  states  that  electronic  and  print  media  are  state  property  and 
"cannot  become  in  any  case  private  property."  The  Communist  Party  controls  all 
media  as  a  means  to  indoctrinate  the  citizenry.  All  media  must  operate  under  party 
guidelines  and  reflect  government  views. 

In  February  government  officials  telephoned  foreign  correspondents  to  warn  them 
against  attending  a  seminar  to  which  both  official  and  independent  journalists  were 
invited.  A  state  security  crew  videotaped  the  arrival  and  departure  of  all  individuals 
attending  the  event.  In  April  a  state  security  crew  videotaped  the  arrival  and  depar- 
ture of  foreign  diplomats  who  visited  the  home  of  independent  journalist  Olance 
Nogueras  in  Cienfuegos,  and  attempted  to  ask  them  questions  as  they  departed. 

The  International  Youth  and  Student  Festival  took  place  from  July  28  Lo  August 
6  in  Havana.  The  official,  independent,  and  foreign  media  were  all  objects  of  intense 
scrutiny  during  this  period.  Government  press  ofiicials  publicly  chastised  the  foreign 
correspondents  corps  on  several  occasions  for  not  devoting  more  coverage  to  the  fes- 
tival, and  accused  it  of  showing  political  bias  by  not  doing  so.  Several  independent 
journalists,  including  Raul  Rivero,  Mercedes  Moreno,  Luis  Lopez  Prendes,  Ramon 
Alberto  Cruz  Lima,  and  Nicolas  Rosario  Rosabal,  were  warned  by  state  security 
agents  to  stay  away  from  the  festival  sites  and  its  participants,  and  not  to  report 
on  any  aspect  of  the  festival.  Following  the  festival's  closing  ceremonies,  the  authori- 
ties punisned  three  employees  of  the  Cuban  Radio  and  Television  Institute  (ICRT) 
for  allowing  the  broadcast  of  a  festival  performance  by  the  Charanga  Habanera  mu- 
sical group  that  was  considered  "obscene  and  antirevolutionary."  Beatriz  Ruiz,  the 
musical  director  of  the  ICRT,  was  fired;  assistant  director  Rene  Arencibia  was  sus- 
pended for  3  months;  and  Jose  Pulido,  the  producer  of  official  government  entertain- 
ment shows,  was  required  to  denounce  his  mistakes  publicly  before  ICRT  employees. 
The  (jovemment  has  since  reinstated  the  three  journalists  but  to  different  assign- 
ments. The  Charanga  Habanera  group  was  prohibited  from  all  performances  or  mu- 
sical activities  and  from  traveling  outside  tne  country  for  6  months.  State  security 
agents  detained  independent  journalist  Raul  Rivero  from  August  12  to  15,  after  he 
spoke  about  the  festival  on  Radio  Marti,  and  strongly  warned  him  to  give  up  report- 
ingor  leave  the  country. 

The  temporary  suspensions  of  official  media  representatives  highlighted  the  dif- 
ficult ideological  tightrope  government  reporters  and  editors  must  walk.  The  in- 
creased pressure  on  foreign  and  independent  journalists  to  follow  the  party  line  also 
indicates  the  degree  to  which  the  Government  continues  to  attempt  to  shape  media 
coverage,  even  among  groups  nominally  outside  the  official  realm  of  control. 

The  Government  continues  to  subject  independent  journalists  to  internal  travel 
bans,  arbitrary  and  periodic  (overnight  or  longer)  detention,  harassment  of  friends 


45-909    98-17 


488 

and  relatives,  seizures  of  written  manuals  and  computer  and  office  equipment,  and 
repeated  threats  of  prolonged  imprisonment.  In  July  the  authorities  arrested  inde- 
pendent journalist  Lorenzo  Paez  Nunes  and  subsequently  sentenced  him  to  18 
months  in  prison.  According  to  his  family.  Hector  Peraza  was  arrested  in  July  and 
detained  for  2  months  the  day  after  he  received  a  visit  from  a  "foreigner  who  gave 
him  a  computer."  State  security  agents  harassed  family  members  when  pressure  on 
independent  journalists  was  not  successful  in  forcing  them  to  abandon  their  woric 
or  their  country.  The  daughters  of  independent  journalists  Ana  Luisa  Lopez  Baeza 
and  Maria  de  Los  Angeles  Gonzalez  Amaro  were  publicly  insulted  and  lost  their  jobs 
because  of  their  mothers'  work.  Raul  Rivero's  octogenarian  mother's  poor  health  was 
aggravated  by  two  visits  from  state  security  oflicials  who  claimed  tnat  they  would 
detain  Rivero  for  alleged  "subversive  activities"  and  urged  her  to  make  Rivero  leave 
the  country.  In  August  independent  journalists  Olance  Nogueras  and  Lazaro  Laso 
went  into  exile  following  months  of  continued  harassment.  The  Government  had 
specifically  banned  Nogueras  from  entering  Havana;  in  July  the  authorities  de- 
tained him  while  traveling  to  the  capital  and  forcibly  returned  him  to  Cienfuegos. 

Many  other  journalists  were  subjected  to  detention  and  seizure  of  personal  prop- 
erty. On  May  31,  four  members  of  a  neighborhood  CDR  assaulted  independent  jour- 
nalist Joaquin  Torres  Alvarez.  They  knocked  to  the  ground  Torres's  mother,  who 
needs  a  cane  to  walk,  when  she  tried  to  come  to  her  son's  defense.  Two  policemen 
present  during  the  assault  prevented  neighbors  from  assisting  Torres. 

Amnesty  International,  tne  Inter-American  Press  Society,  Reporters  without  Bor- 
ders, and  the  Committee  to  Protect  Journalists  repeatedly  called  international  at- 
tention to  the  Government's  continued  practice  of  detaining  independent  journalists 
and  others  simply  for  peacefully  exercising  their  right  to  free  speech. 

The  Government  rigorously  monitored  other  forms  of  expression  and  often  ar- 
rested persons  for  the  crimes  of  disseminating  enemy  propaganda  and  clandestine 
printing.  In  the  Government's  view,  enemy  propaganda  includes  materials  such  as 
the  Universal  Declaration  of  Human  Rights,  international  reports  of  human  rights 
violations,  and  mainstream  foreign  newspapers  and  magazines. 

The  Government  prohibits  all  diplomatic  missions  in  Havana  from  printing  or  dis- 
tributing publications,  particularly  newspapers  and  newspaper  clippings,  unless 
those  publications  deal  exclusively  with  conditions  in  the  mission's  home  country 
and  receive  prior  government  approval.  It  also  infringed  on  diplomatic  pouch  privi- 
leges to  seize  allegedly  subversive  materials. 

In  December  1996,  the  Government  passed  the  Cuban  Dignity  and  Sovereignty 
Law,  which  proscribes  citizens  from  providing  any  information  to,  or  seeking  any 
information  from,  any  representatives  of  the  U.S.  Government,  which  might  be  used 
directly  or  indirectly  in  the  application  of  U.S.  legislation.  This  includes  accepting 
or  distributing  any  publications,  documents,  or  other  material  that  the  authorities 
might  interpret  as  facilitating  implementation  of  such  legislation.  Although  no  one 
has  been  charged  with  violating  this  law,  it  has  raised  concerns  among  many  inde- 
pendent journalists. 

The  Government  circumscribes  artistic,  literary,  and  academic  freedoms.  The  edu- 
cational system  teaches  that  the  State's  interests  have  precedence  over  all  other 
commitments.  Academics  and  other  government  ofTicials  are  prohibited  from  meet- 
ing with  some  diplomats  in  Havana  without  prior  approval  from  the  Ministry  of  For- 
eign Affairs.  The  Government  criticized  a  foreign  mission's  gift  of  books,  which  in- 
cluded works  of  fiction  and  a  volume  of  sports  nistory,  to  a  provincial  library.  The 
Ministry  of  Education  requires  teachers  to  evaluate  students'  ideological  character 
and  note  it  in  records  that  students  carry  throughout  their  schooling,  which  affect 
their  future  educational  and  career  prospects.  As  a  matter  of  educational  policy,  the 
Government  often  demands  that  teaching  materials  for  courses  such  as  mathematics 
or  literature  have  an  ideological  content. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Although  the  Constitution 
grants  limited  rights  of  assembly  and  association,  these  rights  are  subject  to  the  re- 
quirement that  they  may  not  be  "exercised  against  .  .  .  the  existence  and  objectives 
of  the  socialist  State."  The  law  punishes  any  unauthorized  assembly  of  more  than 
three  persons,  including  for  private  religious  services,  even  in  a  private  home,  by 
up  to  3  months  in  prison  and  a  fine.  The  authorities  selectively  enforce  this  prohibi- 
tion and  often  use  it  as  a  legal  pretext  to  harass  and  imprison  human  rights  advo- 
cates. 

In  the  weeks  leading  up  to  the  International  Youth  and  Student  Festival,  state 
security  agents  harassed  aozens  of  human  rights  activists  and  independent  journal- 
ists to  warn  them  against  approaching  and  interacting  with  any  of  the  10,000  for- 
eign participants  whom  it  claimed  would  attend  the  event.  Prodemocracy  youth  ac- 
tivists in  Santiago  de  Cuba  were  imprisoned  (see  Section  I.e.),  and  independent  jour- 
nalist Raul  Rivero  was  briefiy  detained  for  reporting  on  the  event.  State  security 


489 

agents  withheld  the  identity  cards  of  some  activists  to  prevent  them  from  legally 
leaving  their  homes  during  the  festival.  State  security  agents  warned  other  activists 
that  festival  delegates,  public  festival  activities,  hotels,  restaurants,  and  other  tour- 
ist-related facilities  were  off-limits  to  them  on  penalty  of  incarceration. 

The  Government  denies  citizens  the  freedom  of  association.  The  Penal  Code  spe- 
cifically outlaws  "illegal  or  unrecognized  groups."  The  Ministry  of  Justice,  in  con- 
sultation with  the  Interior  Ministry,  decides  whether  to  give  organizations  legal  rec- 
ognition. The  authorities  have  never  approved  the  existence  or  a  public  meeting  of 
a  numan  rights  group. 

Along  with  recognized  churches,  the  Roman  Catholic  humanitarian  organization 
Caritas,  small  human  rights  groups,  and  several  nascent  fraternal  or  professional 
organizations  are  the  only  associations  outside  the  control  of  the  State,  the  Com- 
munist Party,  and  their  mass  organizations.  The  authorities  continue  to  ignore 
these  groups'  applications  for  legal  recognition,  thereby  subjecting  members  to  po- 
tential charges  of  illegal  association.  All  other  legally  recognized  "nongovernmental" 
groups  are  affiliated  with  or  controlled  by  the  Government. 

c.  Freedom  of  Religion. — In  recent  years,  the  Government  has  eased  the  harsher 
aspects  of  its  repression  of  religious  freedom.  In  1991  it  allowed  religious  adherents 
to  join  the  Communist  Party.  In  1992  it  amended  the  Constitution  to  prohibit  reli- 
gious discrimination  and  removed  references  to  "scientific  materialism,"  i.e.,  athe- 
ism, as  the  basis  for  the  Cuban  State.  Nevertheless,  the  State  prohibits  members 
of  the  armed  forces  from  allowing  anyone  in  their  household  to  observe  religious 

firactices,  except  elderly  relatives  if  their  religious  beliefs  do  not  influence  other 
amily  members  and  are  not  "damaging  to  the  revolution." 

With  the  advent  of  the  scheduled  visit  to  Cuba  by  Pope  John  Paul  II  in  January 
1998,  on  November  1  the  Catholic  bishops  issued  a  public  statement  that  appealed 
to  the  Government  to  recognize  the  Church's  role  in  civil  society.  The  document  stat- 
ed that  "freedom  to  hold  mass  must  not  be  confused  with  freedom  of  religion,"  and 
asserted  that  the  Church  has  a  role  to  play  in  the  creation  of  civil  society,  the  fam- 
ily, as  well  as  the  temporal  areas  of  work,  the  economy,  the  arts,  sports,  and  the 
scientific  and  technical  worlds.  The  bishops  stated  that  the  Church  must  open  doors, 
prepare  for  a  transformation,  and  help  bring  about  reconciliation  between  all  Cu- 
bans. 

In  preparing  for  the  Pope's  visit,  the  Government  further  relaxed  its  restrictions 
on  religion,  especially  towards  the  Roman  Catholic  Church.  In  June  the  Government 
granted  the  Church  p)ermission  to  hold  its  first  outdoor  mass  since  1961.  The  Gov- 
ernment permitted  a  limited  number  of  public  masses  since  then.  The  Church  also 
was  allowed  to  conduct  door-to-door  visits  to  inform  parishioners  of  the  papal  visit. 
On  January  13,  1998,  the  Government  allowed  Carainal  Ortega  a  live,  30-minute 
appearance  on  national  television  to  speak  about  the  papal  visit.  However,  the  Gov- 
ernment continued  to  limit  strictly  the  Church's  access  to  the  media  and  refused  to 
allow  the  Church  to  have  an  independent  printing  capability.  It  maintained  its  pro- 
hibition against  the  establishment  of  religious  scnools.  The  Government  agreed  to 
increase  sRghtly  the  number  of  foreign  priests  and  nuns  allowed  in  the  country. 

The  Government  continued  to  enforce  a  resolution  preventing  any  Cuban  or  joint 
enterprise  from  selling  computers,  fax  machines,  photocopiers,  or  other  equipment 
to  any  church.  It  also  maintained  a  December  1995  decree  completely  prohibiting 
nativity  scenes  and  prohibiting  Christmas  trees  and  decorations  in  public  buildings, 
except  those  related  to  the  tourist  or  foreign  commercial  sector.  In  1996  the  Govern- 
ment had  held  the  semi-annual  ANPP  session  on  Christmas  eve  and  Christmas  day 
to  manifest  its  nonacceptance  of  religious  holidays.  (Official  recognition  of  all  reli- 
gious holidays  ended  in  1961.)  However,  in  December  President  Castro  allowed 
Christmas  to  be  recognized  as  a  holiday  as  a  one-time  exception,  as  a  special  good 
will  gesture  in  honor  of  the  Pope's  scheduled  visit. 

Students  who  profess  a  belief  in  religion  continue  to  be  stigmatized  by  other  stu- 
dents and  teachers  and  have  been  formally  disciplined  for  bringing  Bibles  or  other 
religious  materials  to  school. 

The  Government  requires  churches  and  other  religious  groups  to  register  with  the 
provincial  Registry  of  Associations  to  obtain  official  recognition.  The  Government 
prohibits,  with  occasional  exceptions,  the  construction  of  new  churches,  forcing 
many  growing  congregations  to  violate  the  law  and  meet  in  people's  homes.  Govern- 
ment harassment  of  private  houses  of  worship  continued,  with  evangelical  denomi- 
nations reporting  evictions  from  houses  used  for  these  purposes.  In  April  govern- 
ment authorities  in  Holguin  province  detained  Pentecostal  pastors  Emilio  Morales 
and  Roberto  Rubio  and  ordered  their  informal  chapels  closed.  The  authorities  have 
also  threatened  to  close  informal  Protestant  churches  in  the  western  towns  of  Moa 
and  San  German  and  evict  the  congregations  from  their  premises.  In  September 
local  government  authorities  allowed  the  Catholic  Church  to  hold  outdoor  masses 


490 

in  the  towns  of  Guines  and  Jaruco,  but  scheduled  town  "parties"  to  coincide  with 
these  services  so  that  music  and  other  distractions  competed  with  the  masses. 

The  Government,  however,  relaxed  restrictions  on  members  of  Jehovah's  Wit- 
nesses, whom  it  had  considered  "active  religious  enemies  of  the  revolution"  for  their 
refusal  to  accept  obligatory  military  service  or  participate  in  state  organizations. 
The  Government  authorized  small  assemblies  of  Jehovah's  Witnesses,  the  opening 
of  a  Havana  central  office,  and  the  publishing  of  the  group's  magazine  ana  other 
religious  tracts. 

State  security  officials  regularly  harassed  human  rights  advocates  prior  to  reli- 
gious services  commemorating  special  feast  days  or  before  significant  national  days. 
State  security  agents  in  Havana  and  Pinar  del  Rio  went  to  the  homes  of  activists 
only  hours  before  the  September  8  feast  day  and  warned  the  activists  to  stay  away 
from  any  church  or  face  detention.  State  security  officers  retained  activists'  identity 
cards  to  prevent  them  from  legally  leaving  their  homes.  Similar  government  harass- 
ment of  human  rights  and  opposition  activists  occurred  during  other  anniversaries, 
religious  commemorations,  or  other  events,  particularly  on  July  13,  the  third  anni- 
versary of  the  Coast  Guard's  sinking  of  the  "13th  of  March"  tugboat  which  killed 
41  people.  Nevertheless,  church  attendance  in  all  denominations  has  grown  in  re- 
cent years. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Prior  to  1997,  the  Government  generally  had  not  imposed  legal  restric- 
tions on  domestic  travel,  except  for  persons  found  to  be  HFV  positive,  whom  it  ini- 
tially restricts  to  sanitoriums  for  treatment  and  therapy  before  conditionally  releas- 
ing them  to  the  community.  However,  state  security  officials  forbade  some  human 
rights  advocates  and  independent  journalists  from  traveling  outside  their  home 
provinces,  and  the  Government  began  to  sentence  others  to  internal  exile. 

In  April  the  Council  of  Ministers  approved  Decree  271,  aimed  at  stemming  migra- 
tion from  the  provinces  to  the  capital  city.  Human  rights  observers  noted  that  while 
the  decree  affected  migration  countrywide,  the  decree  was  targeted  at  individuals 
and  families  from  the  poorer,  predominantly  black  and  mulatto  eastern  provinces. 

The  Government  imposed  some  restrictions  on  both  emigration  and  temporary  for- 
eign travel.  It  allows  the  majority  of  persons  who  qualify  for  immigrant  or  refugee 
status  in  other  countries  to  leave  Cuba.  In  certain  cases,  however,  the  authorities 
delay  or  deny  exit  permits,  usually  without  explanation.  Some  of  the  denials  involve 

f»rofessionals  who  tried  to  emigrate  and  who  the  Government  subsequently  banned 
rom  working  in  their  occupation.  The  Government  refused  permission  to  others  be- 
cause it  considers  their  cases  sensitive  for  political  or  state  security  reasons.  The 
Government  also  routinely  denies  exit  permits  to  young  men  approaching  the  age 
of  military  service  until  the  age  of  27,  even  when  it  has  authorized  the  rest  of  the 
family  to  leave.  The  Government  also  has  a  policy  of  denying  exit  permission  for 
several  years  to  relatives  of  individuals  who  have  successfully  migrated  illegally 
(e.g.,  merchant  seamen  who  have  jumped  ship  overseas;  sports  figures  who  "de- 
fected" while  on  tour  abroad).  However,  in  most  of  those  cases  approved  for  migra- 
tion to  the  United  States  under  the  September  9,  1994,  U.S. -Cuban  migration  agree- 
ment, the  applicants  eventually  receive  exemption  from  obligatory  service  and  re- 
ceive exit  permits. 

Migrants  who  travel  to  the  United  States  must  pay  fees  of  $550  per  adult,  $350 
per  child,  and  airfare.  These  fees — which  must  be  paid  in  dollars — are  equivalent 
to  2V2  years  of  a  professional  person's  salary.  In  April  1996,  a  ministerial  decree 
reduced  the  fee  by  one-half  for  needy  individuals.  However,  by  year's  end,  490  of 
the  individuals  initially  approved  still  could  not  pay  the  travel  amount. 

The  Penal  Code  provides  for  imprisonment  from  1  to  3  years  or  a  fine  of  $15  to 
$50  (300  to  1,000  pesos)  for  unauthorized  departures  by  boat  or  raft.  The  office  of 
the  U.N.  High  Commissioner  for  Refugees  (UNHCR)  has  stated  that  it  regards  any 
sentence  for  simple  illegal  exit  of  over  1  year  as  harsh  and  excessive.  Under  the 
terms  of  the  May  2,  1995,  U.S. -Cuba  migration  accord,  the  Government  agreed  not 
to  prosecute  or  retaliate  against  migrants  returned  to  Cuba  from  international  or 
U.S.  waters,  or  from  the  U.S.  naval  base  at  Guantanamo,  as  a  consequence  of  their 
attempt  to  emigrate  illegally. 

In  August  1994,  the  CJovernment  eased  restrictions  on  visits  by,  and  repatriation 
of,  Cuban  emigrants.  Cubans  who  establish  residency  abroad  and  who  are  in  posses- 
sion of  government-issued  "permits  to  reside  abroad"  may  travel  to  Cuba  without 
visas.  The  (jovernment  reduced  the  age  of  citizens  eligible  to  travel  abroad  from  20 
to  18  years  and  extended  the  period  for  temporary  stay  abroad  from  6  to  1 1  months. 
In  November  1995,  the  Government  announced  that  emigrants  who  are  considered 
not  to  have  engaged  in  "hostile  actions"  against  the  Government  and  who  are  not 
subject  to  criminal  proceedings  in  their  country  of  residence  may  apply  at  Cuban 
consulates  for  renewable,  2-year  multiple-entry  travel  authorizations. 


491 

The  Constitution  provides  for  the  granting  of  asylum  to  individuals  persecuted 
"for  their  ideals  or  struggles  for  democratic  rights  against  imjierialism,  fascism,  colo- 
nialism, and  neocolonialism;  against  discrimination  and  racism;  for  national  libera- 
tion; for  the  rights  of  workers,  peasants,  and  students;  for  their  progressive  political, 
scientific,  artistic,  and  literary  activities,  for  socialism  and  peace."  The  Government 
honors  the  principle  of  first  asylum  and  provided  it  to  a  small  number  of  p)ersons 
in  1996.  According  to  the  UNHCR,  five  foreign  nationals  sought  asylum  or  refugee 
status  from  the  Gk)vemment  in  1996.  There  were  no  reports  of  the  forced  return  of 
persons  to  countries  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  legal  right  to  change  their  government  or  to  advocate 
change.  The  Constitution  proscribes  any  political  organization  other  than  the  Com- 
munist Party.  While  the  Constitution  provides  for  direct  election  of  provincial,  mu- 
nicipal, and  National  Assembly  members,  the  candidates  must  be  approved  in  ad- 
vance by  mass  organizations  controlled  by  the  regime.  In  practice,  a  small  group  of 
leaders,  under  the  direction  of  President  Fidel  Castro,  select  the  members  of  the 
highest  policymaking  bodies  of  the  Communist  Party — the  Politburo  and  the  Central 
Committee. 

The  authorities  tightly  control  the  selection  of  candidates  and  all  elections  for  gov- 
ernment and  party  positions.  At  least  10  election  petitions  filed  with  candidacy  com- 
mittees in  Havana  and  Cienfuegos  provinces  were  ignored,  even  though  they  carried 
the  requisite  number  of  signatures,  according  to  Oswaldo  Paya  Sardinas,  president 
of  the  Christian  Liberation  Movement,  a  dissident  group.  The  candidacy  committees 
are  composed  of  members  of  mass  organizations  such  as  the  CTC  and  the  CDR  and 
are  responsible  for  selecting  candidates,  whose  names  are  then  sent  to  municipal 
assemblies  which  select  a  single  candidate  for  each  regional  seat  in  the  ANPP.  A 
dissident  or  opposition  candidate  has  never  been  allowed  to  run  for  office. 

The  Government  has  ignored  calls  for  democratic  change.  Although  President  Cas- 
tro signed  the  Declaration  of  Vina  del  Mar  at  the  VI  Ibero-American  summit  in  No- 
vember 1996,  in  which  government  leaders  reafTirmed  their  commitment  to  democ- 
racy and  political  pluralism,  the  Government  continued  to  oppose  independent  polit- 
ical activity.  In  February  1996,  the  European  Union  suspended  negotiations  toward 
a  cooperation  agreement  because  of  lack  of  progress  toward  political  or  economic  re- 
form and  in  December  of  that  year  adopted  the  Common  Position  on  Cuba,  which 
is  binding  on  all  member  states.  It  directly  links  improvement  of  European  Union 
relations  with  Cuba  to  progress  toward  a  democratic  transition  and  an  improvement 
in  the  human  rights  situation.  The  Government  rejects  any  change  judged  incompat- 
ible with  the  revolution.  The  Government  has  systematically  retaliated  against 
those  who  peacefully  sought  political  change. 

Although  not  a  formal  requirement,  Communist  Party  membership  is  in  fact  a 
prerequisite  for  high-level  official  positions  and  professional  advancement. 

Government  leadership  positions  continue  to  be  dominated  by  men.  There  are 
very  few  women  or  minorities  in  policymaking  positions  in  the  Government  or  the 
party.  There  are  two  women  in  the  24-member  Politburo  and  18  in  the  150-member 
Central  Committee.  The  head  of  the  Union  of  Communist  Youth  is  a  woman.  Al- 
though blacks  and  mulattos  make  up  over  half  the  population,  they  hold  only  5 
seats  in  the  Politburo. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  does  not  recognize  any  domestic  human  rights  groups,  or  permit 
them  to  function  legally.  The  Government  subjects  domestic  human  rights  advocates 
to  intense  intimidation,  harassment,  and  repression.  In  violation  of  its  own  statutes, 
the  Government  refuses  to  consider  applications  for  legal  recognition  submitted  by 
human  rights  monitoring  groups. 

In  its  annual  report  the  lAHRC  examined  recent  measures  taken  by  the  Govern- 
ment and  found  that  they  "do  not  comprise  the  bedrock  of  a  substantive  reform  in 
the  present  political  system  .  .  .  that  will  permit  the  ideological  and  partisan  plu- 
ralism implicit  in  the  wellspring  from  which  a  democratic  system  of  government  de- 
velops." The  lAHRC  recommended  that  the  Government  provide  reasonable  safe- 
guards to  prevent  violations  of  human  rights,  unconditionally  release  political  pris- 
oners and  those  jailed  for  trying  to  leave  the  country,  abolish  the  concept  of  dan- 
gerousness  in  the  penal  code  and  eliminate  other  legal  restrictions  on  basic  free- 
doms, cease  harassing  human  rights  groups,  and  establish  a  separation  of  powers 
so  that  the  judiciary  would  no  longer  be  "subordinate  to  political  power." 


492 

The  Government  has  steadfastly  rejected  international  human  rights  monitoring. 
In  1992  Cuba's  U.N.  representative  stated  that  Cuba  would  not  recognize  the 
UNHRC  mandate  on  Cuba  and  would  not  cooperate  with  the  Special  Rapporteur. 
This  policy  remains  unchanged.  The  Government  consistently  refused  even  to  ac- 
knowledge requests  by  the  Special  Rapporteur  to  visit  Cuba. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Cuba  is  a  multiracial  society  with  a  black  and  mixed-race  majority.  The  Constitu- 
tion forbids  discrimination  based  on  race,  sex,  or  national  origin,  although  evidence 
suggests  that  racial  and  sexual  discrimination  occur  often. 

Women. — Violent  crime  is  rarely  reported  in  the  press,  and  there  are  no  publicly 
available  data  regarding  the  incidence  of  domestic  violence.  The  law  establishes 
strict  penalties  for  rape,  and  the  Government  appears  to  enforce  this  law.  Prostitu- 
tion has  increased  greatly  in  the  last  few  years;  press  reports  indicate  that  tourists 
from  various  countries  visit  specifically  to  patronize  inexpensive  prostitutes.  Despite 
the  Government's  tight  control  over  society  in  general,  episodic  government  state- 
ments and  efforts  to  crack  down  on  prostitution  appear  to  have  little  lasting  effect. 
Most  observers  believe  that  the  regime  tolerates  or  tacitly  encourages  prostitution 
in  order  to  boost  its  tourist  industry,  and  the  police  appear  to  make  arrangements 
with  the  prostitutes  that  allow  them  to  function  largely  without  interference.  In  No- 
vember tne  Dutch  NGO  Pax  Christi  released  in  book  form  a  1996  report  on  the 
human  rights  situation  in  the  country.  It  noted  that  sex  tourism  was  thriving  and 
that  it  was  tolerated  by  the  Government  as  yet  another  way  to  attract  hard  cur- 
rency to  the  island.  NGO  representatives  interviewed  Cubans  who  described  their 
country  as  "a  brothel  more  than  ever,  only  now  it's  for  tourists  from  other  coun- 
tries." 

The  Family  Code  states  that  women  and  men  have  equal  rights  and  responsibil- 
ities regarding  marriage,  divorce,  raising  children,  maintaining  the  home,  and  pur- 
suing a  career.  Women  are  subject  to  the  same  restrictions  on  property  ownership 
as  men.  The  maternity  law  provides  18  weeks  of  maternity  leave  and  grants  work- 
ing women  preferential  access  to  goods  and  services.  About  40  percent  of  all  women 
work,  and  they  are  well  represented  in  the  professions. 

Children. — The  Constitution  calls  on  the  Government  to  protect  "family,  mater- 
nity, and  matrimony."  It  also  states  that  children,  legitimate  or  not,  have  the  same 
rights  under  the  law  and  notes  the  duties  of  parents  to  protect  them.  Education  is 
free  and  is  grounded  in  Marxist  ideology.  State  organizations  and  schools  are 
charged  with  the  "integral  formation  of  children  and  youth."  The  national  health 
care  system  covers  all  citizens.  There  is  no  societal  pattern  of  abuse  of  children, 
other  than  in  the  area  of  prostitution  where  young  girls  (between  the  ages  of  13  and 
20)  form  the  bulk  of  the  large  number  of  prostitutes  who  cater  to  foreign  sex-tour- 
ists. 

People  With  Disabilities. — The  law  prohibits  discrimination  based  on  disability, 
and  there  have  been  few  complaints  of  such  discrimination.  There  are  no  laws  that 
mandate  accessibility  to  buildings  for  people  with  disabilities. 

In  March  police  forcibly  removed  visually-impaired  and  other  disabled  street- 
hawkers  from  the  front  of  Havana's  railway  station.  The  disabled  vendors  attempted 
to  hold  a  protest  outside  the  capitol  building,  but  police  prevented  the  demonstra- 
tion and  briefly  detained  some  oi  the  disabled  protesters. 

National  / Racial  / Ethnic  Minorities. — Many  blacks  have  benefited  from  the  social 
changes  of  the  revolution,  and  much  of  the  police  force  and  army  enlisted  personnel 
is  black.  Nevertheless,  there  have  been  numerous  reports  of  disproportionate  police 
harassment  of  black  youths.  During  the  year,  there  were  numerous  credible  reports 
of  forced  evictions  of  squatters  and  residents  lacking  official  permission  to  reside  in 
Havana.  The  evictions,  exacerbated  by  Decree  217  (see  Section  2.d.),  primarily  tar- 
geted individuals  and  families  from  the  eastern  provinces,  which  are  traditionally 
areas  of  poor,  black,  or  mixed-race  populations. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  gives  priority  to  state  or  collective 
needs  over  individual  choices  regarding  free  association  or  provision  of  employment. 
The  "demands  of  the  economy  and  society"  take  precedence  over  an  individual  work- 
er's preferences.  The  law  prohibits  strikes;  none  are  known  to  have  occurred.  Official 
labor  organizations  have  a  mobilization  function  and  do  not  act  as  trade  unions,  pro- 
mote worker  rights,  or  protect  the  right  to  strike.  Such  organizations  are  under  the 
control  of  the  State  and  the  party. 

The  Communist  Party  selects  the  leaders  of  the  sole  legal  labor  confederation,  the 
Confederation  of  Cuban  Workers  (CTC),  whose  principal  responsibility  is  to  ensure 


493 

that  government  production  goals  are  met.  Despite  disclaimers  in  international  fo- 
rums, the  Government  explicitly  prohibits  independent  unions  and  none  are  recog- 
nized. There  has  been  no  change  since  the  1992  International  Labor  Organization 
(ILfO)  finding  that  independent  unions  "do  not  appear  to  exist"  and  its  ruling  that 
Cuba  violated  ILO  norms  on  freedom  of  association  and  the  right  to  organize.  Those 
who  attempt  to  engage  in  union  activities  face  government  persecution.  Workers  can 
and  have  lost  their  jobs  for  their  political  beliefs,  including  their  refusal  to  join  the 
official  union.  Several  small  labor  organizations  have  been  created,  but  function 
without  government  recognition  and  are  unable  to  represent  workers  and  work  on 
their  behalf.  The  Government  actively  harasses  these  organizations. 

The  CTC  is  a  member  of  the  Communist,  formerly  Soviet-dominated,  World  Fed- 
eration of  Trade  Unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  does  not 
exist.  The  State  Committee  for  Work  and  Social  Security  (CETSS)  sets  wages  and 
salaries  for  the  state  sector.  Since  all  legal  unions  are  government  entities, 
antiunion  discrimination  by  definition  does  not  exist. 

In  July  the  Government  passed  Decree  Law  171,  which  imposed  severe  restric- 
tions on  the  right  of  private  citizens  to  rent  their  homes,  rooms  in  their  homes,  or 
motor  vehicles,  along  with  a  new  punitive  tax.  This  decree  law  signaled  an  economic 
policy  reversal  by  the  Government.  In  1993  the  Government  had  removed  some  re- 
strictions on  self-employment  imposed  in  1968  and  allowed  people  to  apply  for  li- 
censes to  work  in  over  125  different  occupations,  expanded  to  over  160  in  1994.  Be- 
sides adding  another  20  occupational  categories,  in  1995  the  Government  removed 
its  previous  ban  on  self-employment  licenses  for  university  graduates.  However,  uni- 
versity graduates  cannot  get  self-employment  licenses  in  their  professions  and  must 
remain  employed  in  their  state  job  to  qualify  for  a  self-employment  license. 

There  are  no  functioning  export  processing  zones,  although  the  1995  Forei^  In- 
vestment Law  (Law  77),  authorized  the  establishment  of  free  trade  zones  and  indus- 
trial parks.  Law  77  continued  to  deny  workers  the  right  to  contract  directly  with 
foreign  companies  investing  in  Cuba  without  special  government  permission.  Only 
one  loreign  company  has  secured  permission  to  employ  workers  directly.  The  Gov- 
ernment recfuires  foreign  investors  to  contract  workers  through  state  employment 
agencies,  which  are  paid  in  hard  currency  and,  in  turn,  pay  workers  very  low  wages 
in  pesos.  Workers  subcontracted  by  state  employment  agencies  must  meet  certain 
political  qualifications.  According  to  Marcos  Portal,  Minister  of  Basic  Industry,  the 
state  employment  agencies  consult  with  the  party,  the  CTC,  and  the  Union  of  Com- 
munist Youth  to  ensure  that  the  workers  chosen  deserve  to  work  in  a  joint  enter- 
prise. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Neither  the  Constitution  nor  the 
Labor  Code  prohibit  forced  labor.  The  Government  maintains  correctional  centers 
where  it  sends  people  for  crimes  such  as  dangerousness.  They  are  forced  to  work 
on  farms  or  building  sites,  usually  with  no  pay  and  inadequate  food.  The  authorities 
often  imprison  internees  who  do  not  cooperate.  The  Government  employs  special 
groups  of  workers,  known  as  "microbrigades,"  on  loan  from  other  jobs,  on  special 
building  projects.  Microbrigades  have  become  more  important  in  the  Government's 
efforts  to  complete  tourist  and  other  priority  projects.  Workers  who  refuse  to  volun- 
teer for  these  jobs  often  risk  discrimination  or  job  loss.  However,  microbrigade  work- 
ers reportedly  receive  priority  consideration  for  apartments.  The  military  channels 
some  conscripts  to  the  Youth  Labor  Army,  where  they  perform  their  2-year  military 
service  working  on  farms  that  supply  both  the  armed  forces  and  the  civilian  popu- 
lation. The  Government  prohibits  forced  and  bonded  labor  by  children  and  enforces 
this  prohibition  effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  legal 
minimum  working  age  is  17  years.  The  Labor  Code  permits  employment  of  15-  and 
16-year-olds  to  obtain  training  or  fill  labor  shortages.  All  students  over  age  11  are 
expected  to  devote  30  to  45  days  of  their  summer  vacation  to  farm  work,  laboring 
up  to  8  hours  f>er  day.  The  Ministry  of  Agriculture  uses  "voluntary  labor"  by  student 
work  brigades  extensively  in  the  farming  sector.  The  law  requires  school  attendance 
until  the  ninth  grade,  and  this  law  is  generally  respected.  The  Government  prohibits 
forced  and  bonded  child  labor  and  enforces  this  prohibition  effectively  (see  Section 
B.C.). 

e.  Acceptable  Conditions  of  Work. — The  minimum  wage  varies  by  occupation  and 
is  set  by  the  CETSS.  The  minimum  monthly  wage  for  a  maid,  for  example,  is  $8.25 
(165  pesos);  for  a  bilingual  office  clerk,  $9.50  (190  pesos);  and  for  a  gardener  $10.75 
(215  pesos).  The  Government  supplements  the  minimum  wage  with  free  medical 
care  and  education,  and  subsidized  housing  and  food.  Even  with  these  subsidies, 
however,  a  worker  must  earn  far  more  than  the  average  monthly  wage  to  support 
a  family.  Corruption  and  black  market  activity  are  rampant.  The  Government  ra- 


494 

tions  most  basic  necessities  such  as  food,  medicine,  clothing,  and  cooking  gas,  which 
are  in  very  short  supply. 

The  standard  worlcweek  is  44  hours,  with  shorter  workdays  in  hazardous  occupa- 
tions, such  as  mining.  The  Government  also  reduced  the  workday  in  some  govern- 
mental oflices  and  state  enterprises  to  save  energy.  Workplace  environmental  and 
safety  controls  are  usually  inadequate,  and  the  Government  lacks  effective  enforce- 
ment mechanisms.  The  Labor  Code  establishes  that  a  worker  who  considers  his  life 
in  danger  because  of  hazardous  conditions  has  the  right  not  to  work  in  his  position 
or  not  to  engage  in  specific  activities  until  such  risks  are  eliminated.  According  to 
the  Labor  Code,  the  worker  remains  obligated  to  work  temporarily  in  whatever 
other  position  may  be  assigned  to  him  at  a  salary  prescribed  by  law.  Industrial  acci- 
dents apparently  are  frequent,  but  the  Government  suppresses  such  reports. 


DOMINICA 

Dominica  is  a  multiparty,  parliamentary  democracy  and  a  member  of  the  Com- 
monwealth of  Nations.  A  Prime  Minister,  a  Cabinet  and  a  unicameral  Legislative 
Assembly  compose  the  Government.  A  President,  nominated  by  the  Prime  Minister 
in  consultation  with  the  leader  of  the  opposition  party,  elected  for  a  5-year  term  by 
the  Parliament,  is  head  of  state.  The  United  Workers  Party  (UWP),  led  by  Prime 
Minister  Edison  James,  won  11  of  21  seats  in  Parliament  in  free  and  fair  elections 
in  June  1995  and  gained  an  additional  seat  in  1996.  The  Constitution  calls  for  elec- 
tions at  least  every  5  years.  The  judiciary  is  independent. 

The  Dominica  Police  is  the  only  security  force.  It  is  controlled  by  and  responsive 
to  the  democratically  elected  Government. 

Dominica's  primarily  agrarian  economy  depends  on  earnings  from  banana  exports. 
The  Government  is  also  developing  the  tourist  industry,  diversifying  agricultural 
production,  and  promoting  the  export  of  fresh  fruits,  vegetables,  and  coconut  prod- 
ucts, both  within  and  outside  the  region.  Per  capita  gross  domestic  product  was 
about  $2,900  in  1996. 

Human  rights  are  generally  well  respected.  The  principal  human  rights  problems 
continued  to  be  occasional  instances  of  use  of  excessive  force  by  police,  poor  prison 
conditions,  societal  violence  against  women  and  children,  and  instances  of  discrimi- 
nation against  indigenous  Carib  Indians. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices.  There  were  again  allegations  of  occasional 
use  of  excessive  force  by  the  police.  In  one  case,  a  prisoner  on  remand  claimed  to 
have  been  beaten  repeatedly  over  the  course  of  2  weeks,  a  charge  supported  by  sub- 
sequent medical  examination.  The  police  and  the  Director  of  I^blic  Prosecutions 
have  been  criticized  for  failing  to  investigate  fully  and  prosecute  these  cases. 

Prison  conditions  are  poor.  Overcrowding  and  unsanitary  conditions  continue  to 
be  problems  in  Dominica's  only  prison  facility.  The  prison  provides  work  therapy, 
sports  programs,  educational  opportunities,  and  counseling  for  inmates. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  requires  that  police  charge  per- 
sons with  a  crime  within  24  hours  after  arrest  or  detention  or  release  them  from 
custody.  This  is  generally  honored  in  practice,  although  often  those  arrested  on  Fri- 
days remain  the  weekend  in  jail  and  are  not  charged  until  the  following  Monday. 

"The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  it  is  independent  in  practice. 

The  judicial  system  is  composed  of  three  magistrate's  courts  and  a  high  court.  Ap- 
peals can  be  made  to  the  Eastern  Caribbean  Supreme  Court  and  to  the  Privy  Coun- 
cil in  the  United  Kingdom. 

The  law  provides  lor  public  trial  before  an  independent,  impartial  court.  Criminal 
defendants  are  presumed  innocent  until  proven  guilty,  are  allowed  legal  counsel, 
and  have  the  right  to  appeal.  Courts  provide  free  legal  counsel  to  the  indigent  only 
in  capital  cases. 

There  were  no  reports  of  political  prisoners. 


495 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices.  Government  authorities  generally  respject 
these  prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  the  right  of  free 
expression,  and  the  Government  respects  this  in  practice.  The  political  opposition 
openly  criticizes  the  Government. 

The  principal  main  radio  station  is  state-owned  and  has  a  government-appointed 
board.  There  is  also  an  independent  radio  station  owned  by  the  Catholic  Church. 
The  print  media  consist  of  two  private  newspapers  and  political  party  journals;  all 
publish  without  censorship  or  government  interference.  Citizens  also  enjoy  good  ac- 
cess to  independent  news  sources  through  cable  television  and  radio  reception  from 
neighboring  islands. 

The  Government  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  authorities  respect  them  in 
practice.  The  Government  may  revoke  passports  if  subversion  is  suspected  but  has 
not  done  so  in  recent  times. 

The  Government  has  not  formulated  a  policy  regarding  refugees,  asylees,  or  first 
asylum.  The  issue  of  the  provision  of  first  asylum  did  not  arise.  There  were  no  re- 
ports of  forced  expulsion  of  anyone  having  a  valid  claim  to  refugee  status;  however, 
government  practice  remains  undefined. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage. 

In  the  last  national  elections  in  June  1995,  the  United  Workers  Party  defeated 
the  incumbent  Dominica  Freedom  Party,  taking  11  of  21  seats  in  Parliament.  In  a 
by-election  in  August  1996,  the  UWP  gained  an  additional  seat  when  il  won  a  seat 
vacated  by  a  member  of  the  Dominica  Freedom  Party,  giving  the  UWP  a  total  of 
12  seats.  The  Dominica  Freedom  Party  currently  holds  four  seats,  and  the  Dominica 
Labour  Party  holds  five  seats. 

There  are  no  impediments  in  law  or  in  fact  to  the  participation  of  women  in  lead- 
ership roles  in  government  or  political  parties.  Voters  elected  two  women  to  Par- 
liament in  the  June  1995  elections.  Indigenous  Carib  Indians  participate  in  national 
political  life. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  no  government  restrictions  on  the  formation  of  local  human  rights  orga- 
nizations, although  no  such  groups  exist.  Several  advocacy  groups,  such  as  the  Asso- 
ciation of  Disabled  People  and  a  women's  and  children's  selT-help  organization,  opjer- 
ate  freely  and  without  government  interference.  There  were  no  requests  for  inves- 
tigations of  human  rights  abuses  from  international  or  regional  human  rights 
groups. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  language,  or  So- 
cial Status 

The  Constitution  includes  provisions  against  racial,  sexual,  and  religious  discrimi- 
nation, which  the  authorities  respect  in  practice. 

Women. — Beyond  the  general  protection  of  the  Constitution,  women  do  not  benefit 
from  any  specific  civil  rights  legislation.  There  is  little  open  discrimination  against 
women,  yet  sexual  harassment  and  domestic  violence  cases  are  common,  and  there 
is  no  family  court  to  deal  specifically  with  domestic  violence  issues.  Women  can 
bring  charges  against  husbands  for  battery,  and  both  the  police  and  the  courts  pros- 
ecute cases  of  rape  and  sexual  assault,  but  there  are  no  specific  spousal  abuse  laws. 
The  Department  of  Labor  recruited  a  permanent  counselor  and  established  a  crisis 
response  mechanism  to  assist  women  who  are  victims  of  domestic  violence.  The  Wel- 
fare Department  assists  victims  of  abuse  by  finding  temporary  shelter,  providing 
counseling  to  both  parties,  or  recommending  police  action.  The  Welfare  Department 
reports  all  cases  of  abuse  to  the  police.  The  courts  may  issue  protective  orders,  but 
the  police  do  not  consistently  enforce  them. 


496 

Property  ownership  continues  to  be  deeded  to  "heads  of  households,"  who  are  usu- 
ally males.  When  the  husband  head  of  household  dies  without  a  will,  the  wife  can- 
not inherit  the  property  or  sell  it,  although  she  can  live  in  it  and  pass  it  to  her  chil- 
dren. In  the  civil  service,  the  law  establishes  fixed  pay  rates  for  specific  jobs,  what- 
ever the  gender  of  the  incumbent.  There  is  no  law  requiring  equal  pay  for  equal 
work  for  private  sector  workers. 

The  Dominica  National  Council  of  Women,  a  nongovernmental  organization 
(NGO),  has  developed  local  adult  education  and  small  business  training  programs 
for  women.  According  to  the  Labor  Department,  many  women  in  rural  areas  find 
it  difiicult  to  meet  basic  needs,  at  least  in  part  owing  to  the  decline  in  the  banana 
export  industry. 

Children. — The  law  stipulates  that  the  Government  should  protect  the  rights  of 
children  to  education  and  health  care.  Education  is  compulsory  through  age  16,  and 
primary  health  care  is  available  islandwide. 

Various  laws  enumerate  children's  rights,  but  their  enforcement  is  hampered  by 
lack  of  staffing  in  government  agencies.  I^nown  cases  of  child  abuse  have  more  than 
doubled  since  1993,  when  253  were  recorded.  According  to  the  Welfare  Department, 
reports  of  sexual  abuse  tripled  since  1993,  with  over  350  cases  in  1996.  The  Govern- 
ment has  not  responded  with  any  increase  in  the  number  of  social  workers  assigned 
to  handle  such  cases.  The  social  welfare  office,  which  has  only  six  staff  mernbers 
to  deal  with  all  welfare  problems,  handles  complaints  of  child  abuse.  In  one  particu- 
larly disturbing  case  that  highlighted  the  acute  need  for  organized  care  for  un- 
wanted or  disabled  children,  a  15-year-old  epileptic  was  caged  and  tied  in  a  cellar 
by  her  mother  for  extended  periods  without  food  or  care. 

Although  the  maximum  sentence  for  sexual  molestation  (rape,  incest)  is  life  im- 
prisonment, the  normal  sentence  given  is  15  years  except  in  the  case  of  murder.  The 
age  of  consent  to  sexual  relations  is  16  years. 

People  With  Disabilities. — Beyond  the  general  protection  of  the  Constitution,  there 
is  no  specific  legislation  dealing  with  the  disabled.  However,  the  labor  laws  permit 
authorization  oi  employment  oia  disabled  person  for  less  than  the  minimum  wage, 
in  order  to  increase  opportunities  for  employment  of  the  disabled  (see  Section  6.e.). 
There  is  no  requirement  mandating  access  for  those  with  disabilities. 

Indigenous  People. — There  is  a  significant  Carib  Indian  population,  estimated  at 
3,0(X),  of  a  total  population  of  72,000.  Most  live  on  a  3,700-acre  reservation  created 
in  1903.  School,  water,  and  health  facilities  available  on  the  Carib  reservation  are 
rudimentary  but  similar  to  those  available  to  other  rural  Dominicans.  Indigenous 
Carib  Indians  enjoy  the  same  civil  rights  accorded  other  Dominican  nationals. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — All  workers  have  the  legal  right  to  organize,  to 
choose  their  representatives,  and  to  strike,  but  unions  represent  less  than  10  per- 
cent of  the  work  force.  All  unions  are  independent  of  the  Government.  While  there 
are  no  direct  ties,  members  of  certain  political  parties  dominate  some  unions.  There 
is  no  restriction  on  forming  labor  federations,  and  unions  are  afilliated  with  various 
international  labor  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Unions  have  legally  defined 
rights  to  organize  workers  and  to  bargain  with  employers.  Collective  bargaining  is 
widespread  in  the  nonagricultural  sectors  of  the  economy,  including  the  government 
service,  and  there  is  also  recourse  to  mediation  and  arbitration  by  the  Government. 
The  law  prohibits  antiunion  discrimination  by  employers,  and  judicial  and  police  au- 
thorities enforce  union  rights.  In  addition,  employers  must  reinstate  workers  fired 
for  union  activities.  It  is  compulsory  by  law  for  employers  to  recognize  unions  as 
bargaining  agents  once  both  parties  have  followed  appropriate  procedures.  Depart- 
ment of  Labor  inspectors  under  the  supervision  of  the  Labor  Commissioner  enforce 
labor  legislation,  but  the  small  Labor  Inspection  Office  lacks  qualified  personnel  to 
carry  out  its  duties. 

Labor  regulations  and  practices  governing  Dominica's  industrial  areas  and  export 
firms  do  not  differ  from  those  prevailing  in  the  rest  of  the  economy. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor,  and  such  labor  is  not  known  to  exist. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  forced  or  bonded  child  labor,  and  the  Government  enforces  this  prohibition 
efTectively.  The  minimum  legal  age  for  employment  is  15  years.  Employers  generally 
observe  tnis  law  without  government  enforcement. 

e.  Acceptable  Conditions  of  Work. — The  law  sets  minimum  wages  for  various  cat- 
egories of  workers.  These  were  last  revised  in  November  1989.  The  minimum  wage 
rate  for  most  categories  of  workers  is  $0.56  (EC$1.50)  per  hour,  but  for  domestic 
servants  it  is  $0.37  (EC$1.00)  per  hour  if  meals  are  included,  and  $0.46  (EC$1.25) 


497 

per  hour  if  meals  are  not  included.  The  minimum  wage  is  not  sufficient  to  provide 
a  decent  standard  of  living  for  a  worker  and  family.  However,  most  workers  (includ- 
ing domestics)  earn  more  than  the  legislated  minimum  wage. 

The  labor  standard  laws  state  that  no  employer  shall  establish  or  maintain  dif- 
ferences in  wages  between  male  and  female  employees  performing  the  same  or  simi- 
lar work  with  parallel  responsibilities  under  similar  conditions.  The  law  fiarther 
states  that  no  eniployer  may  reduce  the  wages  of  an  employee  to  comply  with  equal 
wage  standards.  The  labor  laws  also  provide  that  the  Labor  Commissioner  may  au- 
thorize the  employment  of  a  handicapped  person  at  a  wage  lower  than  the  minimum 
rate  in  order  to  enable  a  handicapped  person  to  be  gainfully  employed. 

The  standard  legal  workweek  is  40  nours  in  5  days.  The  law  provides  for  a  mini- 
mum of  2  weeks'  paid  vacation  per  year.  The  Employment  Safety  Act  provides  occu- 
pational health  and  safety  regulation.  Local  NGO's  and  one  major  union  consider 
it  to  be  consistent  with  international  standards.  The  Advisory  Committee  on  Safety 
and  Health  is  an  established  body  but  has  never  met.  The  rarely  used  enforcement 
mechanism  consists  of  inspections  by  the  Department  of  Labor,  which  can  and  does 
prescribe  specific  compliance  measures,  impose  fines,  and  prosecute  offenders.  Work- 
ers have  the  right  to  remove  themselves  from  unsafe  work  environments  without 
jeopardy  to  continued  employment. 


DOMINICAN  REPUBLIC 

The  Constitution  provides  for  a  popularly  elected  president  and  a  bicameral  con- 
gress. President  Leonel  Fernandez  ot  the  Dominican  Liberation  Party  took  office  in 
August  1996  after  a  free  and  fair  election.  The  Social  Christian  Reformist  and  Do- 
minican Revolutionary  parties  dominate  the  two  legislative  chambers.  The  Govern- 
ment continued  an  overhaul  of  the  nominally  independent  judiciary,  which  had  been 
highly  politicized,  by  overseeing  the  selection  of  a  new  16-member  Supreme  Court 
through  a  transparent  and  highly  participatory  process. 

The  National  Police  (PN),  the  National  Department  of  Investigations  (DNI),  the 
National  Drug  Control  Directorate  (DNCD),  and  the  military  (army,  air  force,  and 
navy)  form  the  security  forces.  The  PN  is  under  the  Secretary  of  the  Interior  and 
Police;  the  military  is  under  the  Secretary  of  the  Armed  Forces;  and  the  DNI  and 
the  DNCD,  which  have  personnel  from  both  the  police  and  the  military,  report  di- 
rectly to  the  President.  The  security  forces  are  generally  responsive  to  civilian  exec- 
utive branch  authority.  However,  some  members  of  the  security  forces  continued  to 
commit  human  rights  abuses,  sometimes  with  the  tacit  acquiescence  of  the  civil  au- 
thorities. 

The  economy,  once  heavily  dependent  on  sugar  and  other  agricultural  exports,  has 
diversified;  tourism  and  free  trade  zones  (FT^'s)  are  now  major  sources  of  income 
and  employment.  Remittances  from  abroad  provide  an  estimated  10  percent  of  the 
$1,600  per  capita  gross  domestic  product.  State-owned  firms  such  as  the  State  Sugar 
Council,  the  Corporation  for  State  Enterprises,  and  the  Dominican  Electricity  Cor- 
poration have  impeded  economic  growth  because  of  inept  financial  and  administra- 
tive practices. 

The  Government's  human  rights  record  improved  slightly,  although  serious 
abuses  remain.  Principal  human  rights  problems  include  continuing  instances  of 
extrajudicial  killings  by  police,  beatings  and  arbitrary  detention  of  suspects,  deten- 
tion of  suspects'  relatives,  the  security  services'  refusal  to  obey  judicial  orders,  and 
poor  prison  conditions.  Most  reports  of  human  rights  abuses  involved  the  police  and 
the  DNCD,  rather  than  the  military.  Human  rignts  training  for  new  police  officers 
became  more  extensive,  and  2,000  military  personnel  transferred  to  the  National 
Police  in  September  underwent  several  weeks  of  human  rights  courses.  Other  seri- 
ous problems  include  interference  with  the  judiciary,  lengthy  pretrial  detention,  ju- 
dicial corruption,  maladministration  of  the  courts,  discrimination  and  violence 
against  women,  prostitution,  abuse  of  children,  discrimination  against  the  disabled, 
abuse  of  Haitian  migrants  and  their  descendants,  compulsory  and  child  labor,  and 
impediments  to  free  association.  Workers  in  the  state-owned  sugar  plantations  and 
mills  continued  to  work  under  unfair  and  unsafe  conditions. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings,  but  there  were  reports  of  about  50  extrajudicial  killings  by  the  DNCD  and 
the  police.  Human  rights  observers  agree  that  such  abuses  occurred  less  frequently 


498 

than  in  1996,  but  that  serious  problems  remain.  In  January  the  police  beat  a  man 
to  death  while  he  was  painting  nis  house  near  a  political  demonstration  in  the  cap- 
ital; the  police  took  the  corpse  to  the  hospital  and  state  physicians  removed  the  cor- 
neas from  its  eyes  without  legal  consent.  In  February  in  Santo  Domingo,  police  fa- 
tally shot  a  Haitian  woodworker  in  his  workshop  after  he  declined  to  pay  a  weekly 
bribe  demanded  by  the  officers.  When  the  police  came  to  remove  squatters  from  a 
plot  of  land  in  Herrera,  Santo  Domingo,  in  April,  they  slapped,  kicked,  and  beat  one 
squatter  while  forcing  him  to  pick  up  trash,  with  many  witnesses  and  reporters 
present.  He  later  died  of  the  beatings.  In  May  the  press  and  human  rights  groups 
reported  that  DNCD  officers  in  Nagua  shot  to  deatn  a  suspect  while  trying  to  ex- 
tract testimony  from  him  about  alleged  drug  offenses.  Although  the  Government  es- 
tablished a  procedure  for  trying  and  dismissing  officials  who  commit  extrajudicial 
killings,  the  authorities  were  not  able  to  provide  an  accounting  of  disciplinary  ac- 
tions taken  against  DNCD  and  police  officers  during  the  year. 

About  10  civilians  and  police  officers  were  killed  in  clashes  in  October  and  Novem- 
ber. Some  of  the  civilian  deaths  were  caused  by  other  protesters,  but  the  police  were 
responsible  for  most  of  them.  During  the  November  11-12  general  strike,  the  police, 
reinforced  by  the  military,  demonstrated  considerable  restraint  and  killed  no  one 
while  detaining  persons  suspected  of  vandalism  and  violence. 

The  authorities  made  some  progress  in  an  investigation  of  the  1975  murder  of 
journalist  Orlando  Martinez.  Prosecutors  indicted  five  individuals — including  three 
former  generals — who  await  trial. 

Military  courts  try  military  personnel  charged  with  extrajudicial  killings.  Police 
tribunals  have  on  occasion  tried,  convicted,  and  sentenced  personnel  charged  with 
extrajudicial  killings.  Police  officers  may  be  tried  by  police  courts  or  remanded  to 
civilian  court  jurisdiction.  From  January  through  November,  police  courts  tried  6  po- 
lice officers  for  murder  and  216  for  felonies,  while  the  authorities  dismissed  560 
other  police  officers  and  remanded  their  cases  to  the  civilian  court  system. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
The  Fernandez  Government  made  little  progress  in  the  reopened  case  of  Narciso 

Gonzalez,  a  university  professor  and  critic  of  the  Government  who  disappeared  in 
May  1994.  The  Santo  Domingo  district  attorney's  ofTice  filed  the  case  with  a  civilian 
court  system  investigative  judge  who  followed  up  several  leads — including  one  pro- 
vided by  a  convict  who  claimecf  in  August  that  he  had  participated  in  the  disappear- 
ance— and  questioned  several  military  officers.  However,  the  Government  was  unre- 
sponsive to  the  judge's  efTorts  to  extract  information  from  the  military  hierarchy  and 
omcials  of  the  former  government.  The  Inter-American  Commission  on  Human 
Rights  (lACHR)  has  the  case  under  consideration.  At  the  lACHR's  request,  the  Gov- 
ernment and  the  nongovernmental  Truth  Commission  each  named  three  persons  to 
a  new  commission  tasked  with  providing  guidance  to  the  investigative  judge  and  re- 
porting back  to  the  lACHR  in  February  1998.  The  new  commission  had  met  twice 
by  the  end  of  the  year. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment.— 
Torture  and  other  forms  of  physical  abuse  are  illegal,  but  instances  of  security  serv- 
ice personnel  physically  abusing  detainees  continued.  Lack  of  supervision,  training, 
and  accountability  throughout  the  law  enforcement  and  corrections  systems  exacer- 
bate the  problem  of  physical  abuse.  Human  rights  groups  and  the  press  reported 
numerous  incidents  of  physical  abuse  of  detainees  while  in  custody.  Examples  of 
such  incidents  included  the  brutalizing  of  an  inmate  and  his  wife  at  Najayo  prison 
while  the  police  tried  to  learn  of  an  alleged  plan  to  help  another  prisoner  escape, 
and  the  8-dav  detention  and  torture  of  a  truck  driver,  never  formally  accused  of  a 
crime,  by  police  in  Santo  Domingo.  There  were  multiple  press  reports  and  allega- 
tions from  several  human  rights  groups  that  the  DNCD  leadership  was  present  dur- 
ing the  torture  of  prisoners.  Although  the  authorities  were  not  able  to  furnish  evi- 
dence that  the  perpetrators  of  these  abuses  had  been  punished.  President 
Fernandez  dismissed  the  DNCD  director  in  September.  Following  his  departure, 
there  were  no  further  reports  of  DNCD  torture. 

DNCD  and  some  mid-  and  lower-level  police  authorities  resisted  efforts  of  civilian 
authorities  to  provide  adequate  supervision  of  the  investigation  process  as  required 
by  law.  The  prosecutor's  office  placed  lawyers  in  12  high-volume  police  stations  and 
several  DNCD  offices  to  monitor  the  investigative  process.  In  September,  however, 
the  prosecutor's  ofiice  in  Santo  Domingo  withdrew  five  of  these  lawyers  from  the 
DNCD.  The  chief  prosecutor  claimed  that  DNCD  officials  had  not  permitted  these 
lawyers  to  observe  criminal  interrogations.  After  the  removal  of  the  DNCD  director, 
the  Government  immediately  returned  prosecutors  to  DNCD  offices.  The  DNCD 
added  new  human  rights  training  courses  for  its  officers  in  September. 

Civilian  prosecutors  sometimes  file  felony  charges  against  police  and  military  offi- 
cials related  to  physical  abuse,  torture,  and  related  crimes.  Although  punishment 


499 

may  range  up  to  5  years'  incarceration  for  serious  cases  of  abuse,  as  a  rule  judges 
have  sentenced  convicted  officials  to  sentences  ranging  from  a  1-month  suspension 
to  6  months'  incarceration. 

Prison  conditions  are  poor.  The  prisons  are  grossly  overcrowded,  and  health  and 
sanitary  conditions  are  poor.  Conditions  at  La  Victoria  prison  pose  a  serious  threat 
to  life  and  health;  as  many  as  3,500  inmates  were  held  there  at  one  point  during 
the  year,  althou^  it  was  originally  designed  for  800.  By  year's  end,  the  Government 
had  reduced  La  Victoria's  population  to  2,100.  Najayo  prison  was  built  for  700,  yet 
contained  2,400  prisoners  for  most  of  the  year.  Medical  care  suffers  from  a  lack  of 
supplies  and  available  physicians.  Prisoners  immobilized  by  and  dying  of  AIDS  are 
not  transferred  to  a  hospital. 

The  Government  has  begun  a  prison  renovation  program  and  in  April  opened  the 
"Alaska"  wing  at  La  Victoria  prison  with  improved  sanitation  and  more  comfortable 
facilities.  It  also  renovated  large  portions  of  the  San  Pedro  de  Macoris  and  San 
Francisco  de  Marcoris  prisons.  The  Government  began  to  deploy  a  new  prison  police 
force  in  September,  which,  through  an  integration  of  soldiers,  lawyers,  social  work- 
ers, and  psychologists,  offered  increased  opportunities  for  rehabilitation.  It  also 
opened  the  first  prison  school  at  Najayo  prison  in  September,  where  200  prisoners 
signed  up  for  classes  in  7  subjects. 

Females  are  separated  from  male  inmates.  In  general,  conditions  in  the  female 

{)rison  wings  are  superior  to  those  found  in  male  prison  wings,  and  there  have  been 
iew  reports  of  serious  abuse  by  guards. 

The  Government  made  some  progress  separating  juvenile  from  adult  ofienders, 
and  removed  all  minors  from  La  Victoria.  In  August  10  juvenile  prisoners  success- 
fully protested  a  transfer  to  the  Monte  Plata  facility,  where  many  violent  ofTenders 
are  housed  and  several  prison  riots  occurred  during  the  year.  In  other  prisons,  the 
authorities  still  hold  juveniles  with  adult  inmates. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  stipulates  that  the  au- 
thorities may  detain  suspects  for  a  maximum  of  48  hours  before  arraignment,  after 
which  they  must  charge  or  release  them.  However,  in  special  circumstances,  sus- 
pects may  be  detained  for  longer  periods  with  the  approval  of  the  prosecutor's  ofTice. 
The  security  forces  continued  to  violate  constitutional  provisions  by  detaining  sus- 
pects for  investigation  or  interrogation  beyond  the  prescribed  48-hour  limit.  Tne  se- 
curity forces  traditionally  detain  all  suspects  and  witnesses  in  a  crime  and  use  the 
investigative  process  to  determine  which  ones  are  innocent  and  merit  release  and 
which  ones  they  should  continue  to  hold.  After  the  prosecutor's  office  placed  its  law- 
yers in  several  police  stations,  the  police  curtailed  the  practice  of  arbitrary  detention 
in  those  precincts. 

The  DNCD  and  National  Police  continued  to  engage  in  indiscriminate  roundups 
of  people  in  poorer  neighborhoods.  The  security  forces  also  continued  to  detain  rel- 
atives and  friends  of  suspected  criminals  with  the  aim  of  forcing  the  surrender  of 
suspects.  The  prosecutor's  office  challenged  the  DNCD  and  the  National  Police  to 
curb  these  abuses,  but  human  rights  groups  contend  that  minimal  progress  was 
achieved. 

On  October  26,  Police  Chief  Sanz  Jiminian  announced  that  the  Special  Operations 
Unit  had  taken  more  than  500  persons  from  neighborhoods  around  Santo  Domingo 
into  custody.  The  Government  stated  that  it  detained  these  persons  because  it  be- 
lieved that  they  might  incite  violence  at  the  general  strike  planned  for  November 
11-12.  The  Government  did  not  charge  these  detainees  with  specific  crimes  and  held 
them  until  after  the  strike. 

Many  suspects  suffer  long  pretrial  detention;  during  the  year,  the  Government  re- 
ducing the  proportion  of  the  prison  population  awaiting  trial  from  88  to  around  70 
percent.  Pretrial  detention  averages  29  months  in  the  instructional  phase  and  an- 
other 9  months  in  the  trial  phase. 

Due  to  the  inefficiency  of  the  courts  (see  Section  I.e.),  the  granting  of  bail  has 
become  the  de  facto  criminal  justice  system.  As  a  rule,  defendants  awarded  bail 
rarely  face  an  actual  trial;  those  denied  bail  may  serve  their  entire  sentences  while 
awaiting  trial.  The  Dominican  Association  of  Lawyers  estimated  in  August  that  60 
percent  of  untried  inmates  had  already  sej-ved  more  time  in  prison  than  they  would 
have  if  tried  and  convicted.  Even  after  being  acquitted  of  crimes,  persons  sometimes 
remain  incarcerated  for  several  months. 

In  January  the  Government  passed  a  law  pardoning  the  fines  of  insolvent  pris- 
oners. Many  prisoners  were  released  who  haa  served  more  time  in  prison  than  re- 
quired, but  lacked  the  funds  to  pay  the  monetary  px)rtion  of  their  sentence.  On  De- 
cember 22,  President  Fernandez  pardoned  by  decree  70  more  prisoners.  According 
to  government  statistics,  another  600  prisoners  could  be  immediately  released  if  a 


500 

decree  were  issued  pardoning  inmates  who  had  not  been  tried  but  had  already 
served  the  maximum  possible  sentence  for  the  accused  crime. 
The  law  prohibits  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — Although  the  Constitution  stipulates  an  independ- 
ent judiciary,  interference  from  other  public  and  private  entities,  including  the  exec- 
utive branch,  has  substantially  undermined  judicial  independence.  In  August  for  the 
first  time,  the  National  Council  of  the  Judiciary  chose  members  of  the  Supreme 
Court,  underscoring  a  new  independence  from  the  executive  and  legislative 
branches. 

The  judiciary,  based  primarily  on  the  French  judicial  system,  includes  a  16-mem- 
ber  Supreme  Court,  appeals  courts,  courts  of  first  instance,  and  justice  of  the  peace 
courts.  There  are  also  specialized  courts  that  handle  administrative,  labor,  traffic, 
and  land  registration  matters. 

The  new  Supreme  Court  began  to  combat  judicial  corruption  by  organizing  an  in- 
spections and  investigations  unit.  After  the  new  court  was  installed  in  August,  it 
also  dismissed  27  judges  for  corruption  or  ineptitude. 

Judges,  rather  than  juries,  render  all  verdicts  and  are  appointed  by  the  National 
Council  of  Magistrates.  Under  the  1994  constitutional  amendments,  the  Supreme 
Court  is  responsible  for  naming  all  lower-court  judges  in  accordance  with  a  judicial 
career  law,  which  was  still  pending  in  Congress  at  year's  end. 

The  Constitution  provides  for  public  trial.  However,  during  the  closed  pretrial  in- 
structional or  investigative  phase  of  the  criminal  justice  process,  the  State  tradition- 
ally provided  no  counsel  to  imprisoned  indigents.  President  Fernandez  approved 
funding  for  a  new  public  defender  program,  which  is  expected  to  be  implemented 
in  1998.  Through  1997,  the  State  contracted  private  practice  lawyers  to  perform 
public  defender  services  in  felony  cases.  The  courts  rarely  appoint  defense  lawyers 
in  misdemeanor  cases. 

The  judicial  system  is  plagued  by  chronic  delays,  and  many  suspects  suffer 
lengthy  pretrial  detention  (see  Section  l.d.).  In  September  the  Government  began 
a  5-year  program  to  modernize  courts  in  Santo  Domingo,  but  the  program  has  not 
yet  made  an  impact  on  the  judicial  backlog. 

Military  or  police  courts  have  jurisdiction  over  members  of  the  security  forces. 
With  increasing  frequency,  however,  military  or  police  boards  remanded  cases  in- 
volving capital  crimes  (murder,  rape,  etc.)  to  civilian  courts  for  review  after  dishon- 
orably discharging  the  perpetrators. 

There  were  no  reports  oi  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  contains  provisions  against  invasion  of  the  home.  Although  the  Govern- 
ment does  not  arbitrarily  use  wiretapping  or  other  surreptitious  methods  to  inter- 
fere with  the  private  lives  of  persons  or  families,  it  tolerates  an  active  private  wire- 
tapping industry.  The  authorities  may  only  search  a  residence  in  the  presence  of  a 
prosecutor  or  an  assistant  prosecutor,  in  cases  of  "^ot  pursuit,"  or  where  there  is 
reason  to  believe  that  a  crime  is  in  progress. 

The  security  forces  continued  to  detain  relatives  and  friends  of  suspects  to  try  to 
compel  suspects  to  surrender  (see  Section  l.d.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  these  freedoms,  and  the 
Government  respects  them  in  practice. 

Citizens  of  all  political  persuasions  exercise  freedom  of  speech.  Newspapers  and 
magazines  freely  present  a  diversity  of  opinion  and  criticism.  Self-censorship  is  prac- 
ticed, particularly  when  coverage  could  adversely  afi'ect  the  economic  or  political  in- 
terests of  media  owners. 

The  numerous  privately  owned  radio  and  television  stations  broadcast  all  political 
points  of  view.  A  1971  law  prohibits  foreign-language  broadcasts.  The  Government 
controls  one  television  station  but  no  major  newspapers. 

Public  and  private  universities  enjoy  broad  academic  freedom.  The  main  public 
university,  the  Autonomous  University  of  Santo  Domingo,  with  approximately 
35,000  students,  has  no  restrictions  on  enrollment  and  maintains  a  policy  of  non- 
intervention (other  than  curriculum  development)  in  classroom  afi'airs.  The  Govern- 
ment exerts  no  control  over  private  universities,  except  for  the  preservation  of 
standards,  and  teachers  are  free  to  espouse  their  own  theories  without  government 
oversight. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  which  the  Government  commonly  respects  in  practice.  Outdoor 
public  marches  and  meetings  require  permits,  which  the  Government  usually 
grants.  There  were  a  number  of  clashes  between  police  and  protesters  in  October 
and  November  in  Santo  Domingo  and  other  towns  such  as  narahona,  Bani,  and 


501 

Bonao  (see  Section  l.a.)-  These  protests  were  largely  prompted  by  electricity  short- 
ages and  rising  prices. 

The  Constitution  provides  for  freedom  of  association,  which  the  Government  gen- 
erally respects  in  practice.  Political  parties  freely  affiliate  with  their  foreign  counter- 
part organizations.  Professional  organizations  of  lawyers,  doctors,  teachers,  and  oth- 
ers function  freely  and  can  maintain  relations  with  counterpart  international  bodies 
of  diverse  political  philosophies. 

c.  Freedom  of  Religion. — The  Constitution  prohibits  discrimination  on  religious 
grounds,  and  the  Government  does  not  interfere  with  the  practice  of  religion. 

The  Catholic  Church,  which  signed  a  concordat  with  the  Government  in  1954,  en- 
joys special  privileges  not  extended  to  other  religions.  These  include  the  use  of  pub- 
lic funds  to  underwrite  some  church  expenses,  such  as  rehabilitation  of  church  facili- 
ties. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  face  no  unusual  legal  restrictions  on  travel  within  or  outside 
the  country. 

Haitians  continue  to  come  in  great  numbers  to  the  Dominican  Republic,  some  le- 
gally but  most  undocumented,  in  search  of  economic  opportunity.  Throughout  the 
year,  the  security  forces,  particularly  the  army,  deported  undocumented  Haitian  na- 
tionals believed  to  be  in  the  country  illegally.  In  January  and  February,  inter- 
national observers  estimated  that  the  Government  deported  between  15,000  and 
25,000  Haitians.  Deportations  continued  on  a  daily  basis  through  the  rest  of  the 
year,  but  in  more  modest  numbers.  In  many  cases,  the  Government  denied  those 
deported  the  opportunity  to  demonstrate  that  they  legally  resided  in  the  Dominican 
Republic.  Haitian  Government  officials  complained  that  Haitians  were  often  de- 
tained up  to  3  days  and  held  with  little  or  no  food  and  then  deported  without  notice 
to  Haitian  authorities. 

Representatives  of  nongovernmental  organizations  (NGO's)  working  in  rural  areas 
reported  that  decisions  to  deport  were  often  made  by  lower  ranking  members  of  the 
security  forces,  sometimes  based  upon  the  racial  characteristics  of  the  deportees. 
Haitian  sugar  cane  workers  face  restrictions  on  their  freedom  of  movement  (see  Sec- 
tion 6.C.). 

According  to  a  1984  law,  an  applicant  for  refugee  status  must  be  referred  to  the 
National  Committee  for  Refugees  by  the  National  Office  of  Refugee  Affairs,  which 
has  not  been  established.  Instead,  the  Department  of  Immigration  issues  docu- 
mentation to  refugees  certified  as  such  by  the  United  Nations  High  Commissioner 
for  Refugees  (UNHCR).  While  these  documents  are  accepted  by  the  police  and  immi- 
gration officials,  the  process  by  which  they  are  issued  does  not  comply  with  the  law. 
There  were  637  such  refugees  living  in  the  country  in  September. 

The  Government  cooperates  with  the  UNHCR  and  other  humanitarian  organiza- 
tions in  assisting  refugees.  The  (}overnment  provides  first  asylum  and  resettlement. 
One  person  was  granted  asylum  in  1997.  On  October  31,  the  Government  returned 
two  Cuban  refugees  to  Cuba,  according  to  the  UNHCR.  The  two  refugees  were  part 
of  a  group  of  23  Cubans  returned  after  the  Government  obtained  assurances  from 
the  Cuban  CJovemment  that  they  would  not  be  treated  unfairly. 

There  were  no  other  reports  of  the  forced  return  of  persons  to  a  country  where 
they  feared  p)ersecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Dominican  Republic  is  a  constitutional  democracy,  and  its  citizens  last  exer- 
cised this  right  in  general  elections  in  1996.  The  President  and  all  150  members  of 
the  Senate  and  Chamber  of  Deputies  are  freely  elected  every  4  years  by  secret  bal- 
lot. There  is  universal  adult  suffrage,  except  that  active  duty  police  and  military 
personnel  may  not  vote.  The  President  appoints  the  governors  of  the  29  provinces. 
Opposition  groups  of  the  left,  right,  and  center  operate  openly.  The  Government 
began  planning  for  congressional  and  municipal  elections  in  1998,  the  first  time 
since  1968  that  such  elections  would  not  coincide  with  a  presidential  election. 

The  nation  has  a  functioning  multiparty  system.  In  practice  the  President  can 
dominate  public  policy  formulation  and  implementation.  He  can  exercise  his  author- 
ity through  the  use  of  the  veto,  discretion  to  act  by  decree,  and  influence  as  the 
leader  of  his  party.  Traditionally,  the  President  has  predominant  power  in  the  Gov- 
ernment, effectively  making  many  important  decisions  by  decree.  However,  Presi- 
dent Fernandez  encouraged  the  legislature  to  play  a  greater  role,  and  has  reduced 
reliance  on  rule  by  decree. 

Congress  provides  an  open  forum  for  the  free  exchange  of  views  and  debate.  The 
two  main  opposition  parties  and  their  allies  combined  hold  88  and  96  percent  of  the 


502 

lower  and  upper  houses,  respectively,  leaving  President  Fernandez's  party  with  a 
limited  congressional  presence. 
Women  and  minorities  confront  no  serious  legal  impediments  to  political  partici- 

Bation,  but  they  are  underrepresented.  Women  hold  14  seats  in  the  120-member 
[ouse  of  Deputies  and  1  seat  in  the  30-member  Senate.  Women  continue  to  have 
representation  in  appointed  positions,  albeit  to  a  limited  degree.  Two  of  the  15  cabi- 
net secretaries  are  women,  and  women  hold  3  of  29  provincial  governorships.  Five 
of  16  justices  chosen  for  the  new  Supreme  Court  are  women,  the  first  females  ever 
to  serve  on  the  high  court. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Nongovernmental  human  rights  organizations  operate  freely  without  govern- 
mental interference.  In  addition  to  the  Dominican  Human  Rights  Committee  and 
the  nongovernmental  Truth  Commission  dealing  with  the  Narciso  case,  several 
other  Haitian,  church,  and  labor  groups  exist.  There  is  no  ombudsman's  office. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  discrimination  based  on  race  and  sex.  Such  discrimination  ex- 
ists in  society,  but  the  Government  has  seldom  acknowledged  its  existence  or  made 
efforts  to  combat  it. 

Women. — Domestic  violence  and  sexual  harassment  are  widespread.  The  law  ex- 
onerates a  rapist  if  the  rape  victim  does  not  file  charges.  A  rape  victim  cannot  file 
charges  against  her  husband  unless  the  marriage  is  annulled.  In  January  President 
Fernandez  signed  a  law  which,  for  the  first  time,  protects  women  against  domestic 
and  workplace  abuse.  The  Government  undertook  a  public  information  campaign, 
informing  the  population  of  the  law  through  television  advertising,  distribution  of 
flyers,  and  orientation  in  schools.  The  courts  jailed  several  men  for  violation  of  this 
law,  and  in  a  highly  publicized  case,  a  judge  was  indicted  for  the  sexual  abuse  of 
one  of  his  employees. 

The  Government  does  not  vigorously  enforce  prostitution  laws.  Sex  tourism  is  a 
growing  industry  throughout  the  country  as  international  visitors  continue  to  in- 
crease. NGO's  have  ongoing  HIV/AIDS  and  sexually  transmitted  disease  prevention 
programs  for  male  and  female  prostitutes,  as  well  as  hotel  and  industrial  zone  work- 
ers. Dominican  women  are  also  victims  of  rings  trafficking  in  women  and  girls  to 
Europe  to  work  as  prostitutes  in  conditions  rife  with  exploitation  and  mistreatment. 
One  NGO  counsels  women  planning  to  accept  job  offers  in  Europe  and  the  eastern 
Caribbean  about  immigration,  health,  and  other  issues.  The  program  also  provides 
services  to  returning  women.  The  new  law  against  domestic  violence  prohibits  acting 
as  an  intermediary  in  a  transaction  of  prostitution,  but  the  Government  has  not 
used  the  law  to  prosecute  third  parties  who  derive  profit  from  prostitution. 

Divorce  is  easily  obtainable  by  either  spouse,  and  women  can  hold  property  in 
their  own  names  apart  from  their  husbands.  Traditionally,  women  have  not  shared 
equal  social  and  economic  status  or  opportunity  with  men,  and  men  hold  the  over- 
wnelming  majority  of  leadership  positions  in  all  sectors.  In  many  instances  women 
are  paid  less  than  men  in  jobs  of  equal  content  and  equal  skill  level.  Some  employ- 
ers in  industry  reportedly  give  pregnancy  tests  to  women  before  hiring  them,  as  part 
of  a  medical  examination.  Some  employers  have  stated,  and  workers  confirm,  that 
pregnant  women  are  not  hired. 

Children. — Despite  the  existence  of  government  institutions  dedicated  to  child 
welfare,  private  social  and  religious  organizations  carry  the  principal  burden.  The 
private  institutions  receive  no  government  financing.  The  1994  Minor's  Code  re- 
quires only  6  years  of  formal  education. 

The  most  serious  abuse  involving  children  is  the  failure  of  the  judicial  system  to 
protect  the  status  of  minors  in  criminal  cases.  The  authorities  sometimes  treated 
minors  as  adults  and  incarcerated  them  in  prison  rather  than  juvenile  detention 
centers.  Although  the  Minor's  Code  became  law  in  1994,  the  Government  did  not 
begin  to  implement  it  until  1997  by  laying  the  groundwork  for  the  juvenile  court 
system  mandated  by  the  code.  Legal  defenders  for  juveniles  began  work  in  two 
cities,  Santo  Domingo  and  La  Vega. 

The  Minor's  Code  contains  provisions  against  child  abuse,  including  physical  and 
emotional  mistreatment,  sexual  exploitation,  and  child  labor.  It  also  provides  for  re- 
moval of  a  mistreated  or  delinquent  child  to  a  protective  environment.  However,  ac- 
cording to  local  monitors,  instances  of  child  abuse  were  underreported  because  of 
traditional  beliefs  that  family  problems  should  be  dealt  with  inside  the  family.  Some 
in  the  tourist  industry  have  provided  or  facilitated  sexual  exploitation  of  children. 
Tours  are  marketed  overseas  with  the  understanding  that  boys  and  girls  can  be 


503 

found  as  sex  partners.  There  are  no  shelters  providing  refuge  to  children  who  break 
free  from  the  prostitution  trade.  In  October  the  Government  began  to  arrest,  jail, 
and  deport  foreigners  involved  in  child  prostitution  in  the  town  of  Eoca  Chica. 

People  With  Disabilities. — Disabled  persons  encounter  discrimination  in  employ- 
ment and  provision  of  other  services.  Although  the  law  contains  provisions  for  phys- 
ical access  for  the  disabled  to  all  new  public  and  private  buildings,  the  authorities 
have  not  uniformly  enforced  this  law.  To  improve  opportunities  for  disabled  citizens, 
the  Government  created  a  Subsecretariat  for  Rehabilitation  under  the  Secretariat 
of  Public  Health,  established  a  new  recreation  center  for  the  disabled  in  Las  Caobas, 
founded  a  new  department  in  the  Sports  Secretariat  to  facilitate  athletic  competi- 
tions for  the  disabled,  and  instructed  the  Secretariat  of  Education  to  begin  a  pilot 
project  integrating  mentally  retarded  children  into  the  public  school  system. 

National / Racial / Ethnic  Minorities. — A  strong  prejudice  against  Haitians  runs 
through  society,  disadvantaging  many  Haitians  ana  Dominicans  of  Haitian  ancestry. 
The  Government  has  not  acknowledged  the  existence  of  this  discrimination  nor 
made  any  efforts  to  combat  it.  Darker-skinned  Dominicans  also  face  informal  bar- 
riers to  social  and  economic  advancement. 

Credible  sources  charge  that  the  Government  at  times,  in  violation  of  the  Con- 
stitution, refuses  to  recognize  and  document  as  Dominican  citizens  individuals  of 
Haitian  ancestry  born  in  the  country.  Children  born  to  Haitian  parents  are  caught 
in  a  bureaucratic  dilemma:  Since  many  Haitian  parents  have  never  processed  docu- 
mentation for  their  own  birth,  they  are  unable  to  demonstrate  their  own  citizenship. 
As  a  result,  they  cannot  declare  their  children's  births  at  the  civil  registry  and 
thereby  establish  Dominican  citizenship  for  their  offspring.  Some  civil  registry  of- 
fices do  not  accept  late  declarations  of  birth  for  children  of  Haitian  inunigrants,  al- 
though they  routinely  accept  late  declarations  for  children  of  Dominican  parents. 
Lack  of  documentation  also  sometimes  hinders  the  ability  of  children  of  Haitian  de- 
scent to  attend  school  where  there  is  one  available.  Some  parents  fail  to  seek  docu- 
mentation for  fear  of  being  deported. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  freedom  to  orga- 
nize labor  unions  and  for  the  right  of  workers  to  strike  (and  for  private  sector  em- 
ployers to  lock  out  workers).  All  workers,  except  the  military  and  police,  are  free 
to  organize,  and  workers  in  all  sectors  exercise  this  right. 

Requirements  for  calling  a  strike  include  the  support  of  an  absolute  majority  of 
all  company  workers  whether  unionized  or  not,  a  prior  attempt  to  resolve  the  con- 
flict through  arbitration,  written  notification  to  the  Labor  Secretariat,  and  a  10-day 
waiting  period  following  notification  before  proceeding  with  a  strike.  The  Govern- 
ment respects  association  rights  and  places  no  obstacles  to  union  registration,  affili- 
ation, or  the  ability  to  engage  in  legal  strikes. 

The  1992  Labor  Code  provides  extensive  protection  for  worker  rights  and  specifies 
the  steps  legally  required  to  establish  a  union,  federation,  and  confederation.  The 
code  calls  for  automatic  recognition  of  a  union  if  the  Government  has  not  acted  on 
its  application  within  a  specific  time.  In  practice,  the  Government  has  readily  facili- 
tated recognition  of  labor  organizations.  Organized  labor  represents  little  more  than 
10  percent  of  the  work  force  and  is  divided  among  three  major  confederations,  four 
minor  confederations,  and  a  number  of  independent  unions.  Unions  are  independent 
of  the  Government  and  political  parties.  However,  there  were  reports  of  widespread 
discreet  intimidation  by  employers  of  union  activity.  For  example,  union  members 
in  free  trade  zones  (FTZ's)  report  that  they  hesitate  to  discuss  union  activity  at 
work,  even  during  break  time,  for  fear  of  losing  their  jobs. 

Labor  unions  can  and  do  freely  affiliate  regionally  and  internationally. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  is  law- 
ful and  may  take  place  in  firms  in  wnich  a  union  has  gained  the  support  of  an  abso- 
lute majority  of  the  workers.  Only  a  minority  of  companies  has  collective  bargaining 
pacts.  The  Labor  Code  stipulates  that  workers  cannot  be  dismissed  because  of  their 
trade  union  membership  or  activities. 

The  Labor  Code  establishes  a  system  of  labor  courts  for  dealing  with  disputes,  but 
these  courts  have  proven  ineffective  at  enforcing  the  law.  There  were  many  reports 
of  bribes  solicited  by  labor  judges  from  companies  during  the  deliberation  process. 
The  new  Supreme  Court  began  an  overhaul  of  the  labor  courts,  dismissing  the  presi- 
dent of  the  labor  court  in  Santo  Domingo. 

The  State  Sugar  Council  (CEA)  employs  workers  from  more  than  100  unions.  Do- 
minican workers  predominate  in  most  of  the  unions,  although  two  unions  are  Hai- 
tian-dominated. Tne  CEA  has  long  maintained  a  negative  attitude  toward  additional 
organizing  efforts. 


504 

The  Labor  Code  applies  in  the  36  estabHshed  FTZ's,  which  employ  approximately 
182,000  workers,  mostly  women.  Workplace  regulations  and  their  enforcement  in 
the  FTZ's  do  not  differ  from  those  in  the  country  at  large,  although  working  condi- 
tions are  sometimes  better.  Some  FTZ  companies  have  a  history  of  discharging 
workers  who  attempt  to  organize  unions.  Although  there  are  approximately  70 
unions  in  the  FTZ's,  many  exist  only  on  paper.  The  majority  are  amliated  with  the 
National  Federation  of  Free  Trade  Zone  Workers. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 

Bulsory  labor,  including  that  performed  by  children,  and  it  is  not  known  to  occur, 
[owever,  there  were  numerous  credible  reports  of  forced  or  coerced  overtime  in  fac- 
tories. There  have  been  reports  of  workers  being  fired  for  refusing  to  work  overtime, 
and  both  employers  and  workers  state  that  newly  hired  workers  are  not  informed 
that  overtime  is  optional. 

Haitian  sugar  cane  workers  continued  to  encounter  restrictions  on  their  freedom 
of  movement.  These  include  armed  guards  on  the  plantations  who  try  to  discourage 
the  movement  of  departing  workers  before  they  leave  company  lands.  Experts  from 
NGO's  and  union  ofTicials  agree  that  working  and  living  conditions  among  Haitian 
cane  woricers  have  improved  in  the  past  5  years.  Plantations  have  improved  sani- 
tary facilities  and  sometimes  provide  one  meal  per  day  to  workers. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment.— The 
Labor  Code  prohibits  employment  of  children  under  14  years  of  age  and  places  re- 
strictions on  the  employment  of  children  under  the  age  of  16.  These  restrictions  in- 
clude a  limitation  of  no  more  than  6  hours  of  daily  work,  no  employment  in  dan- 
gerous occupations  or  establishments  serving  alcohol,  and  limitations  on  nighttime 
work.  The  law  requires  6  years  of  formal  education.  The  law  prohibits  forced  or 
bonded  labor  by  children,  and  it  is  not  known  to  occur  (see  Section  6.c.). 

The  high  level  of  unemployment  and  lack  of  a  social  safety  net  create  pressures 
on  families  to  allow  children  to  earn  supplemental  income.  The  International  Labor 
Organization  estimated  in  August  that  169,000  children  between  the  ages  of  7  and 
14  nold  jobs.  The  Government  did  not  sanction  the  parents  of  these  children.  When 
a  fireworks  factory  sufiered  an  explosion  in  Santo  Domingo  in  September,  all  five 
workers  killed  were  children,  four  of  them  12  years  old  or  younger. 

e.  Acceptable  Conditions  of  Work. — The  Constitution  provides  the  Government 
with  legal  authority  to  set  minimum  wage  levels  and  the  Labor  Code  assigns  this 
task  to  a  national  salary  conmiittee.  Congress  may  also  enact  minimum  wage  legis- 
lation. The  minimum  monthly  salary  is  $138  (1,932  pesos)  in  the  free  trade  zones 
and  ranges  from  $111  (1,555  pesos)  to  $172  (2,412  pesos)  outside  the  FTZ's  depend- 
ing upon  the  size  of  the  company.  This  covers  only  a  fraction  of  the  living  costs  of 
a  family  in  Santo  Domingo,  but  many  workers  receive  only  the  minimum  wage.  For 
example,  60  percent  of  government  employees  earn  only  the  minimum  wage. 

The  Labor  Code  establishes  a  standard  work  period  of  8  hours  per  day  and  44 
hours  per  week.  The  code  also  stipulates  that  all  workers  are  entitled  to  36  hours 
of  uninterrupted  rest  each  week.  In  practice,  a  typical  workweek  is  Monday  through 
Friday  plus  a  half  day  on  Saturday,  but  longer  hours  are  not  unusual.  The  code 
grants  workers  a  35  percent  differential  for  work  from  44  hours  to  68  hours  per 
week  and  double  time  for  any  hours  above  68  hours  per  week. 

The  Dominican  Social  Security  Institute  (IDSS)  sets  workplace  safety  and  health 
conditions.  The  existing  social  security  system  does  not  apply  to  all  workers  and  is 
underfunded.  In  September  the  Government  denounced  the  fact  that  many  employ- 
ers withhold  social  security  payments  from  employee  paychecks,  but  do  not  transfer 
the  funds  to  the  IDSS.  The  Government  estimated  that  the  IDSS  lost  $11  milUon 
(160  million  pesos)  each  month  through  such  tax  evasion  schemes,  paying  out  a 
third  less  to  retirement  funds  than  it  had  planned. 

Both  the  IDSS  and  the  Labor  Secretariat  have  small  corps  of  inspectors  charged 
with  enforcing  standards.  Inspector  positions  are  customarily  filled  through  political 
patronage.  In  practice,  workers  cannot  remove  themselves  from  hazardous  work- 
place situations  without  jeopardy  to  continued  employment.  In  many  companies,  the 
restroom  facilities  are  unsanitary  and  emergency  exits  remain  locked  at  all  times. 

Conditions  for  agricultural  workers  are  in  general  much  worse,  especially  in  the 
sugar  industry.  On  many  sugar  plantations,  cane  cutters  are  paid  by  the  weight  of 
cane  cut  rather  than  hours  worked.  Sometimes  employers  do  not  provide  trucks  to 
transport  the  newly  cut  cane  at  the  conclusion  of  the  workday,  causing  workers  to 
receive  lower  compensation  after  the  cane  has  dried  out  and  become  lighter.  Many 
cane  cutters  earn  approximately  $4.50  (60  pesos)  per  day.  Many  worker  villages 
have  high  rates  of  disease  and  lack  schools,  medical  facilities,  running  water,  and 
sewage  systems.  Workers  on  sugar  plantations  sometimes  receive  coupons  as  part 
of  their  wages,  which  can  only  be  redeemed  at  a  company  store  with  inOated  prices. 


505 
ECUADOR 

Ecuador  is  a  constitutional  republic  with  a  president  and  an  82-member  unicam- 
eral legislature  chosen  in  free  elections.  Interim  President  Fabian  Alarcon  was  elect- 
ed by  Congress  to  an  18-month  term  in  February  aft-er  Congress  voted  to  dismiss 
his  predecessor  on  the  g7-ounds  of  "mental  incompetence."  Congress  also  has  sweep- 
ing powers  to  question  and  censure  cabinet  ministers;  such  censure  results  in  auto- 
matic dismissal  of  the  minister  in  question  and  often  is  used  as  a  political  tool  by 
opposition  party  congressmen.  Members  of  the  Supreme  Court  preside  over  a  judici- 
ary that  is  constitutionally  independent,  but  in  practice  susceptible  to  outside  pres- 
sure. 

The  military  enjoys  substantial  autonomy,  reinforced  by  guaranteed  revenues 
from  the  nation's  oil  exports,  as  well  as  from  civil  aviation,  snipping,  and  other  com- 
mercial sectors.  The  military  has  maintained  a  low  profile  in  domestic  politics  since 
the  return  to  constitutional  rule  in  1979.  The  National  Police,  responsible  for  domes- 
tic law  enforcement  and  maintenance  of  internal  order,  falls  under  the  civilian  Min- 
istry of  Government  and  Police.  There  continued  to  be  credible  allegations  of  human 
rights  abuses  by  the  police  and,  in  some  isolated  cases,   members  of  the  military. 

The  economy  is  based  on  private  enterprise,  although  there  continued  to  be  heavy 

fovemment  involvement  in  key  sectors  such  as  petroleum,  utilities,  and  aviation. 
he  per  capita  gross  domestic  product  of  $1,669  provides  most  of  the  population 
with  a  low  standard  of  living.  The  inflation  rate  for  the  year  was  30  percent.  The 
principal  exports  are  oil,  bananas,  and  shrimp,  which  are  the  country's  leading 
sources  of  foreign  exchange.  Manufacturing  for  regional  export  markets  is  of  grow- 
ing importance.  Most  citizens  are  employed  in  the  urban  informal  sector  or  as  rural 
agricultural  workers;  rural  poverty  is  extensive,  and  underemployment  is  high. 

The  most  fundamental  human  rights  abuse  stems  from  shortcomings  in  the  politi- 
cized, inefficient,  and  corrupt  legal  and  judicial  system.  People  are  subject  to  arbi- 
trary arrest;  once  incarcerated,  they  may  wait  years  before  being  convicted  or  ac- 
quitted unless  they  pay  bribes.  More  than  one-half  the  prisoners  in  iail  have  not 
been  formally  sentenced.  Other  human  rights  abuses  included  isolated  instances  of 
extrajudicial  killings;  torture  and  other  mistreatment  of  prisoners  and  detainees  by 
the  police;  poor  prison  conditions;  and  violence  and  pervasive  discrimination  against 
women,  Afro-Ecuadorians,  and  indigenous  people.  The  Government  failed  to  pros- 
ecute and  punish  human  rights  abusers.  Following  a  referendum  in  May  that  called 
for  the  Supreme  Court  to  be  depoliticized,  and  in  response  to  continued  public  de- 
mands for  profound  reform  of  the  justice  system,  Congress  replaced  the  entire 
Court,  selecting  the  justices  from  a  list  of  candidates  nominated  by  designated  civic 
groups  and  chosen  by  a  panel  of  civic  leaders.  The  Truth  and  Justice  Commission 
was  no  longer  active;  an  Ombudsman  was  chosen,  but  had  not  yet  begun  work  by 
year's  end. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  politically 
motivated  killings.  There  continued  to  be  credible  reports  of  police  involvement  in 
extrajudicial  killings.  Through  late  September,  the  Ecumenical  Committee  for 
Human  Rights  (CLDHU)  reported  a  total  of  nine  extrajudicial  killings.  Seven  of 
these  involved  individuals  killed  by  police  in  pursuit  of  criminals;  two  involved  sus- 
pects who  died  of  injuries  after  being  arrested  by  police. 

In  January  three  prisoners  charged  with  killing  policemen  "escaped"  from  the 
penitentiary  in  Guayaquil.  A  television  news  team  filmed  police  recapturing  all 
three  alive  and  then  showed  one  of  them,  who  had  been  wounded  by  a  gunshot  to 
the  leg,  being  beaten  by  police  as  he  was  put  into  a  police  truck  while  the  other 
two  were  shown  in  handcufTs  in  police  custody.  The  wounded  prisoner  was  declared 
dead  on  arrival  at  a  local  hospital.  Later  television  footage  showed  the  dead  bodies 
of  the  other  two  prisoners  being  loaded  into  a  police  vehicle.  Despite  video  evidence 
that  all  three  were  recaptured  alive,  the  police  claimed  that  they  were  all  shot  while 
escaping.  Police  ofiicials  promised  an  internal  investigation  of  the  killings,  but  did 
not  report  publicly  the  results  of  the  police  inquiry.  At  year's  end,  no  one  had  been 
charged  with  wrongdoing. 

In  March  police  in  the  town  of  Machala,  responding  to  a  disturbance  call  at  a  bar, 
arrested  an  inebriated  patron,  Anibal  Aguas.  Aguas  was  beaten  and  taken  into  cus- 
tody. Later  that  night  his  wife  was  notified  that  he  had  died  of  a  cerebral  injury 
that  an  autopsy  showed  was  caused  by  trauma.  The  authorities  later  detained  one 
of  two  police  sergeants  involved  in  Aguas'  arrest  and  remanded  him  to  a  police  court 


506 

for  a  disciplinary  investigation.  The  other  failed  to  answer  a  summons  and  was  a 
fugitive  at  year's  end. 

In  Chimborazo  province,  the  police  stopped  Mario  Garcia  in  March  and,  after  a 
verbal  exchange,  severely  boat  him,  accordmg  to  several  witnesses.  Garcia  died  sev- 
eral days  later  from  trauma-induced  brain  damage.  The  authorities  detained  three 
police  officers,  and  the  case  was  before  a  civilian  judge  in  Chimborazo  at  year's  end. 

In  August  Guayaquil  police  shot  and  killed  three  men  after  mistaking  them  for 
wanted  criminals.  Police  officials  first  claimed  that  the  suspects  had  died  in  a  fire- 
fight;  then,  after  days  of  public  protests  led  by  the  victims'  families,  the  National 
Police  Inspector  General  disclosed  that  police  had  planted  evidence  on  the  three 
men  to  cover  up  the  mistake.  As  a  result,  the  police  commander  in  Guayas  province 
was  relieved  oi  his  duties  and  the  policemen  involved  were  suspended  from  duty 
pending  disciplinary  action. 

In  October  1996,  a  Quito  court  ordered  the  arrest  of  police  sergeant  Ulvio  Munoz 
in  the  killing  of  a  16-year-old  in  the  La  Toja  neighborhood  during  a  drug  raid  in 
September  oi  that  year.  Charges  against  him  were  still  under  consideration  at  year's 
end. 

Investigation  by  judicial  officials  and  human  rights  monitors  of  sites  identified  in 
1996  by  a  former  policeman  as  clandestine  graves  did  not  reveal  any  human  re- 
mains. 

There  were  also  instances  in  which  citizens  took  the  law  into  their  own  hands, 
leading  to  mob  violence  that  resulted  in  deaths  (see  Section  I.e.).  Despite  a  police 
program  launched  in  1996  to  crack  down  on  such  violence,  there  were  continued  re- 
ports of  vigilante  justice,  often  involving  indigenous  communities  acting  against  pre- 
sumed criminals  in  their  own  community.  In  one  particularly  egregious  case,  on  Au- 
gust 10  approximately  200  indigenous  villagers  in  the  province  of  Cotopaxi  watched 
as  some  of  their  neighbors  burned  a  17-year-old  boy  caught  stealing  cattle.  After  he 
was  set  afire,  someone  in  the  crowd  killed  him  with  a  pistol  shot. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
In  January  Angel  Heriberto  Hinojoza  was  stopped  in  richincha  province  by  three 

men,  one  in  a  police  uniform;  he  attomuted  to  lice,  but  was  shot  in  the  leg  and 
taken  away  in  tne  trunk  of  an  unmarkca  car.  l*resented  with  a  writ  of  habeas  cor- 
pus, the  police  told  family  members  that  they  had  no  information  on  Hinojoza's 
whereabouts.  The  family  continued  to  press  without  success  for  news  about 
Hinojoza. 

c.  Torture  and  Other  Cruel.  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  the  law  prohibits  torture  and  similar  forms  of  intimidation  and  punish- 
ment, police  continued  to  physically  mistreat  suspects  and  prisoners,  usually  with 
impunity.  The  CEDHU  re>gularly  published  detailed  re^ports  on  suspects  who 
charged  the  police  with  torture.  In  these  reports  the  CEDHLT  frequently  named  po- 
lice officials  alleged  to  be  responsible  and  often  included  photographs  of  the  victims 
with  their  wounds.  In  most  cases,  the  police  appeared  to  have  abused  such  persons 
during  investigations  of  ordinary  street  crime.  According  to  the  CEDHU  and  other 
human  rights  organizations,  the  victims  reported  that  the  police  beat  them,  burned 
them  with  cigarettes,  applied  electric  shocks,  or  threatened  them  psychologically. 

The  law  permits  police  or  military  courts  to  try  police  officers  and  military  defend- 
ants in  closed  sessions,  in  accordance  with  the  re-spective  militar>'  and  police  court 
martial  manuals.  Only  the  Supreme  Court  may  try  cases  involving  fiag-rank  offi- 
cers. The  police  couri  does  not  announce  verdicts  or  punishments,  creating  the 
strong  impression  that  the  police  are  immune  from  prosecution. 

Conditions  in  detention  centers  generally  continued  to  be  poor.  Prisons  in  the 
tropical  coastal  areas  tend  to  be  worse  than  those  in  the  temperate  highlands.  Over- 
crowding is  a  chronic  problem,  although  conditions  are  notaoly  better  in  the  wom- 
en's prison  in  Quito  than  in  other  facilities.  As  of  September,  about  9,850  male  pris- 
oners were  crowded  into  prisons  designed  to  hold  5,049.  The  Government  announced 
a  major  campaign  to  reduce  prison  crowding  by  building  more  prisons,  ensuring  that 
prisoners  eligible  for  release  were  released,  and  by  pardoning  prisoners  over  the  age 
of  65  or  who  have  terminal  disorders.  There  are  no  separate  facilities  for  hard-core 
or  dangerous  criminals,  nor  are-  there  effective  rehabilitation  programs. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest.  Detention,  or  K.xile. — The  Constitution  and  the  Penal  Code 
provide  that  no  one  may  be  deprived  of  liberty  without  a  written  order  from  a  gov- 
ernmental authority,  but  the  authorities  often  violated  these  legal  protections 
against  arbitrary  arrest  or  detention.  By  law,  the  authorities  must  issue  specific 
written  orders  within  24  hours  of  detention— even  in  cases  in  which  a  suspect  is 
caught  in  the  act  of  committing  a  crimc^ — and  must  charge  the  suspect  with  a  spe- 
cific criminal  offense  within  48  hours  of  arrest.  All  detained  pt»rsons  may  challenge 
the  legality  of  their  detention  within  48  hours  of  their  arrest,  but  in  practice  few 


507 

such  petitions  are  broudit.  This  review  is  conducted  by  the  senior  elected  official 
(usually  the  mayor)  of  tne  locality  in  which  the  suspect  is  held.  Regardless  of  the 
legality  of  a  detention,  a  prisoner  may  be  released  only  by  court  order.  In  some 
cases,  detainees  who  are  unaware  of  this,  or  who  do  not  have  the  funds  to  hire  a 
lawyer,  may  remain  in  prison  for  an  extended  period  before  being  released.  Bail  is 
not  generally  available,  and  the  law  prohibits  it  in  narcotics  cases.  Families  of  de- 
tainees sometimes  intervene  in  an  attempt  to  secure  the  prisoners'  freedom  through 
illegal  means. 

Human  rights  organizations  reported  occasional  cases  of  incommunicado  deten- 
tion, althoum  the  law  prohibits  this  practice.  Despite  provisions  of  the  Penal  Code, 
the  police  often  detained  suspects  without  the  required  written  order.  Even  when 
an  order  was  obtained,  those  charged  with  determining  the  validity  of  detention 
often  allowed  frivolous  charges  to  be  brought,  either  because  they  were  overworked 
or  because  the  accuser  bribed  them.  In  many  instances,  the  system  was  used  as  a 
means  of  harassment  in  civil  cases  in  which  one  party  sought  to  have  the  other  ar- 
rested on  criminal  charges.  The  authorities  frequently  detamed  suspects  longer  than 
24  hours  before  court  orders  were  signed  and  often  failed  to  bring  charees  against 
suspects  within  48  hours  of  arrest.  Preventive  detention  up  to  and  including  trial 
is  legal  under  certain  circumstances. 

The  Inter-American  Court  of  Human  Rights  ruled  unanimously  on  November  12 
that  the  Government  had  violated  due  process  provisions  under  the  American  Con- 
vention on  Human  Rights  and  Ecuadorian  law  m  connection  with  the  arrest,  inves- 
tigation, and  pretrial  detention  of  Ivan  Suarez  Rosero.  Without  considering  the  mer- 
its of  the  drug  charge  against  Suarez,  the  Court  found  unlawful  Suarez's  4-year  pre- 
ventive detention  without  a  finding  of  guilt.  The  Court  also  held  that  a  section  of 
the  Penal  Code,  which  exempts  those  charged  with  drug  violations  from  protection 
of  a  law  that  mandates  other  prisoners'  release  from  excessive  detention,  violated 
the  Convention.  The  Court  called  on  the  Government  to  pay  Suarez  compensation 
and  to  prosecute  those  responsible  for  violating  his  rights. 

The  Government  does  not  use  exile  as  a  method  of  political  control. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary. In  practice,  however,  the  judiciary  is  susceptible  to  outside  pressure. 

The  regular  court  system  tries  most  nonmilitary  defendants,  although  some  indig- 
enous groups  try  members  independently  for  violations  of  tribal  rules.  Despite  ei- 
forts  begun  in  1992  to  depoliticize  and  modernize  the  court  system,  the  judiciary 
continues  to  operate  slowly  and  inconsistently.  Judges  reportedly  rendered  decisions 
more  quickly  or  more  slowly  depending  on  political  pressure  or  the  payment  of 
bribes.  However,  the  norm  is  for  lengthy  delays  before  cases  come  to  the  courts. 

The  May  referendum  approved  by  citizens  included  a  call  to  depoUticize  the  judi- 
cial system  and,  in  particular,  the  Supreme  Court.  In  September  Cfongress  dismissed 
all  31  justices  (many  of  them  chosen  during  ousted  president  Bucaram's  incum- 
bency), and  elected  new  ones  in  early  October.  The  31  new  justices  were  chosen  from 
a  group  of  54  candidates  compiled  by  an  independent  panel  in  a  complex  process 
intended  to  balance  political  and  social  interests. 

TTie  failure  of  the  justice  system  led  to  a  growing  number  of  cases  of  communities 
taking  the  law  into  their  own  hands.  Tnere  continued  to  be  reports  of  fatal 
lynchings  and  burnings  of  suspected  criminals  by  enraged  citizens  (see  Section  l.a.). 
These  occurred  particularly  in  indigenous  communities  and  poor  neighborhoods  of 
the  major  cities  where  there  is  little  police  presence.  One  of  the  most  dramatic  cases 
occurred  in  July  in  the  town  of  Mana,  Cotopaxi  province,  when  an  angry  crowd 
stopped  a  police  vehicle  transporting  a  group  of  five  alleged  car  thieves  and,  after 
wresting  them  from  police  custody,  beat  them  to  death  and  burned  their  bodies.  The 
thieves  reportedly  had  killed  an  individual  in  the  course  of  stealing  his  car  only 
days  earlier,  and  the  family  of  the  victim  and  other  townspeople  ambushed  the  po- 
lice escort  to  exact  their  own  justice. 

The  law  provides  for  internationally  accepted  due  process  rights  for  criminal  de- 
fendants, but  the  authorities  often  did  not  observe  these  rights  in  practice.  By  law, 
the  accused  is  presumed  innocent  until  proven  guilty,  and  defendants  have  the  right 
to  a  public  trial,  defense  attorneys,  ana  appeaL  They  may  present  evidence,  refuse 
to  testify  against  themselves,  and  may  confront  and  cross-examine  witnesses.  Al- 
though a  piibUc  defender  system  exists,  in  practice  there  are  relatively  few  attorneys 
avaimble  to  defend  the  large  number  of  indigent  suspects. 

Tlie  legislature  amended  the  Constitution  in  1995  to  stipulate  that  no  testimony 
taken  from  a  prisoner  may  be  used  as  evidence  in  court  unless  the  individual's  law- 
yer was  present  at  the  taking  of  testimony.  Implementing  legislation,  however,  re- 
mains to  be  passed. 

Trial  is  supposed  to  begin  within  15  to  60  days  of  the  initial  arrest,  but  in  prac- 
tice, initiation  of  the  trial  phase  can  take  years.  Less  than  40  percent  of  all  pris- 


508 

oners  have  been  convicted  and  sentenced.  In  narcotics  cases,  unlike  other  crimes, 
the  law  prohibits  bail  and  stipulates  that  a  police  report  and  the  defendant's  pretrial 
statement  constitute  "a  grave  presumption  of  guilt  if  supported  by  the  facts  of  the 
case.  The  effect  is  to  increase  the  number  of  defendants  detained  on  such  charges 
pending  final  resolution  of  their  cases.  In  December  the  Constitutional  Court  ruled 
l>oth  provisions  unconstitutional,  but  the  impact  on  narcotics  cases  (40  percent  of 
prisoners  are  detained  on  narcotics  charges)  was  not  clear  at  year's  end.  Indigenous 
people  and  other  minorities  are  disproportionately  afiected  by  these  delays  as  they 
are  more  likely  to  be  poor  and  unable  to  buy  their  way  out  of  pretrial  detention. 

A  foreign  assistance  program  begun  in  1994  has  enabled  the  courts  to  computerize 
the  National  Register  of  Prisoners.  Use  of  this  system  made  it  possible  for  the  courts 
to  track  prisoners'  status  more  easily.  Since  its  inception,  the  courts  released  over 
1,000  prisoners,  who  had  either  completed  their  sentences  or  who  had  never  been 
tried  but  had  served  the  maximum  sentence  for  the  alleged  crime. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
prohibits  such  practices,  government  authorities  generally  respect  these  prohibi- 
tions, and  violations  are  suoject  to  effective  legal  sanctions. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech, 
and  the  authorities  generally  respected  this  provision  in  practice,  but  with  some  no- 
table exceptions.  There  are  frequent  charges  of  slander  and  libel  brought  by  and 
against  puolic  figures,  but  few  result  in  final  decisions  or  judicial  relief.  One  former 
independent  congressman  was  accused  of  treason  and  brought  before  a  military 
court  because  of  his  criticism  of  the  military.  He  successfully  appealed  to  the  Su- 
preme Court  for  relief,  winning  a  decision  that  he  could  not  be  tried  in  a  military 
court. 

AU  of  the  major  media  organs — television,  newspapers,  and  radio — are  in  local, 
private  hands  except  for  two  government-owned  radio  stations.  The  law  limits  for- 
eign investment  in  broadcast  media.  Using  a  law  (promulgated  by  the  last  military 
regime)  that  requires  the  media  to  give  the  Government  free  space  or  air  time,  the 
Government  can  and  does  require  television  and  radio  to  broadcast  government-pro- 
duced programs  featuring  the  President  and  other  top  administration  officials. 

There  is  a  free  and  vigorous  press.  Ownership  of  the  media  is  broad  based,  and 
editorials  represent  a  wide  range  of  political  views  and  often  criticize  the  Govern- 
ment. However,  some  degree  oi  self-censorship  in  the  print  media  occurs,  particu- 
larly with  respect  to  politically  sensitive  issues  or  stories  about  the  military  and  its 
related  industries. 

The  Government  does  not  interfere  in  issues  involving  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  rights  of  free  assembly  and  association  for  peaceful  purposes,  and  the  Govern- 
ment generally  respected  these  rights  in  practice.  Public  rallies  require  prior  govern- 
ment permits,  which  are  generally  granted,  although  exceptions  occur.  Numerous 
labor  and  student  demonstrations  took  place  without  incident  in  the  capital  and  the 
outlying  regions.  In  general  the  security  forces  intervened  in  demonstrations  only 
when  there  was  violence  against  bystanders  or  property.  During  2  days  of  wide- 
spread road  blockages  by  groups  demanding  that  the  National  Assembly  to  consider 
constitutional  amendments  be  elected  and  begin  work  in  1997,  there  were  no  reports 
of  serious  injuries  resulting  from  confrontations  between  protesters,  the  military, 
and  the  police. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  Numerous  foreign  religious  orders  and 
missionary  groups  are  active. 

d.  Freeaom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Gk)vemment  re- 
spects them  in  practice.  The  Government  cooperates  with  the  United  Nations  High 
Commissioner  for  Refugees  and  other  humanitarian  organizations  in  assisting  reru- 

ffees.  The  issue  of  provision  of  first  asylum  did  not  arise.  There  were  no  reports  of 
orced  return  of  persons  to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage.  Since  the  return  to  civilian  rule 
in  1979,  citizens  have  actively  exercised  their  right  to  change  their  national  and 
local  governments.  In  February  following  widespread  peaceful  protests  against  the 


509 

Government,  Congress  voted  to  remove  former  President  Bucaram  on  grounds  of 
mental  incompetence  and  to  replace  him  with  interim  President  Alarcon.  Voters 
overwhelmingly  ratified  this  peaceful  transition  in  a  May  referendum  that  also 
called  for  a  National  Assembly  to  reform  the  Constitution  prior  to  new  presidential 
and  congressional  elections  in  May  1998. 

Voting  is  mandatory  for  literate  citizens  over  18  years  of  age  and  voluntary  for 
illiterate  citizens.  The  law  does  not  permit  active  duty  members  of  the  military  to 
vote.  The  Constitution  bars  members  of  the  clergy  and  active  duty  military  person- 
nel from  election  to  Congress,  the  presidency,  or  vice  presidency. 

On  November  30,  voters  elected  the  70  members  of  the  new  National  Assembly, 
which  is  charged  with  a  broad  mandate  to  undertake  political  reforms.  The  makeup 
of  the  Assembly  is  similar  to  that  of  the  Congress;  the  established  parties  won  54 
seats,  and  coalitions  will  be  necessary  in  order  to  reach  decisions.  The  Assembly 
convened  on  December  20  and  elected  former  president  Osvaldo  Hurtado  as  its 
president.  He  said  that  the  Assembly  would  tackle  electoral  reform  first,  and  then 
turn  to  other  issues  such  as  modernization  of  the  state,  social  security  reform,  and 
the  promotion  of  foreign  investment. 

Traditional  elites  tend  to  be  self-perpetuating.  Consequently,  very  few  women, 
Afro-Ecuadorians,  and  indigenous  people  are  found  in  high  positions  in  government, 
although  no  specific  laws  prevent  women  or  minorities  from  attaining  leadership  po- 
sitions. Women  hold  5  of  82  seats  in  Congress.  In  August  Congress  elected  Alexan- 
dra Vela  as  the  first  female  vice  president  of  Congress  in  the  country's  history;  how- 
ever, she  resigned  soon  thereafter  in  order  to  run  successfully  for  the  National  As- 
sembly, to  which  eight  women  were  elected.  One  Afro-Ecuadorian  serves  as  an  alter- 
nate member  of  Congress  and  one  was  elected  to  the  National  Assembly,  but  there 
are  no  other  Afro-Ecuadorians  in  any  senior  level  government  jobs. 

The  indigenous  movement,  which  long  shunned  traditional  politics,  formed  an 
electoral  movement  called  Pachakutik  (which  means  "cataclysmic  change"  in 
Quichua)  and  ran  candidates  for  national,  provincial,  and  local  office  in  the  1996 
elections.  Pachakutik  succeeded  in  electing  a  member  of  congress,  seven  provincial 
deputies,  and  mayors  of  several  cities,  including  Cuenca — the  third  largest  city.  Al- 
though Pachakutik  received  onlv  about  8  percent  of  the  vote  nationwide,  its  rep- 
resentation in  Congress  and  at  the  provincial  and  municipal  level  assures  the  indig- 
enous community  a  greater  voice  in  government.  It  won  seven  seats  in  the  new  Na- 
tional Assembly,  three  of  which  are  held  by  indigenous  leaders,  including  one 
woman.  Pachakutik's  success  also  forced  traditional  political  parties  to  focus  atten- 
tion on  issues  of  importance  to  the  indigenous  population — long  neglected  by  the  po- 
litical process. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  human  rights  groups,  both  domestic  and  international,  operate  with- 
out restriction,  investigating  and  publishing  their  findings  on  human  rights  cases. 
Domestic  human  rights  groups,  such  as  the  CEDHU  and  the  Regional  Latin  Amer- 
ican Human  Rights  Association  (ALDHU),  were  outspoken  in  their  criticism  of  the 
Government's  record  on  specific  cases.  Nevertheless,  the  Government  contracted 
with  the  ALDHU  to  provide  human  rights  training  to  the  military  and  the  police. 

The  Truth  and  Justice  Commission,  established  in  1996  to  investigate  reports  of 
past  ri^ts  abuse,  is  no  longer  active.  The  office  of  Ombudsman  was  created  to  en- 
sure ongoing  attention  to  human  rights  issues.  The  elected  Ombudsman  resigned 
following  a  dispute  with  Congress  over  his  term  of  office.  By  year's  end,  Congress 
had  not  accepted  his  resignation,  nor  had  he  begun  to  work. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  religion,  sex,  or  social 
status.  However,  women,  Afro-Ecuadorians,  and  indigenous  f>eople  face  significant 
discrimination. 

Women. — Although  the  law  prohibits  violence  against  women,  including  within 
marriage,  it  is  a  widespread  practice.  Many  rapes  go  unreported  because  of  the  vic- 
tims' reluctance  to  confront  the  perpetrators.  Women  may  only  file  complaints 
against  a  rapist  or  an  abusive  spouse  or  companion  if  thev  produce  a  witness.  If 
a  victim  later  marries  her  rapist,  the  victim  often  drops  her  complaint,  and  the 
State's  case  against  the  rapist  continues  slowly,  if  at  all.  While  some  communities 
have  established  their  own  centers  for  counseling  and  legal  support  of  abused 
women,  the  Government  only  began  to  address  this  question  seriously  with  the  for- 
mation of  the  "Comisaria  de  la  Mujer,"  or  Women's  Bureau,  in  1994.  Although  this 


510 

office  can  accept  complaints  about  abuse  of  women,  it  has  no  authority  to  act  on 
them. 

A  1995  Law  Against  Violence  Affecting  Women  and  Children,  drafted  by  a  coali- 
tion of  women's  organizations,  criminalizes  spousal  abuse  for  the  first  time,  includ- 
ing physical,  sexu^,  and  psychological  abuse.  It  also  creates  family  courts  and  re- 
forms the  Penal  Code  to  give  courts  the  power  to  separate  an  abusive  spouse  from 
the  home. 

Discrimination  against  women  is  pervasive  in  society,  particularly  with  respect  to 
educational  and  economic  opportunities  for  those  in  the  lower  economic  strata.  The 
increasingly  active  women's  movement  blames  culture  and  tradition  for  inhibiting 
achievement  of  full  equality  for  women.  There  are  fewer  women  in  the  professions 
and  skilled  trades  than  men,  and  pay  discrimination  against  women  is  common. 

Children. — ^The  Government  is  committed  in  principle  to  the  welfare  of  children 
but  has  not  taken  effective  steps  to  promote  it.  The  Government  rarely  enforces  the 
constitutional  requirement  of  education  through  the  age  of  14. 

There  is  no  societal  pattern  of  abuse  against  children.  Government  resources  to 
assist  children  have  traditionally  been  limited,  although  it  instituted  a  program  to 
care  for  the  children  of  the  working  poor  called  "Operation  Child  Rescue."  Several 

Erivate  organizations  are  very  active  in  programs  to  assist  street  children,  and  the 
NN.  Children's  Fund  also  runs  a  program  in  conjunction  with  the  Central  Bank. 
Especially  in  urban  areas,  the  children  of  the  poor  often  experience  severe  hard- 
ships. It  is  common  to  see  children  as  young  as  5  or  6  years  of  age  selling  news- 
papers or  candy  on  the  street  to  support  themselves  or  to  augment  the  family  in- 
come. Also,  there  are  instances  of  prostitution  by  girls  under  18  years  of  age  in 
urban  areas.  In  rural  areas,  young  children  often  must  leave  school  at  an  early  age 
to  help  out  on  the  family's  plot  of  land. 

People  With  Disabilities. — ^There  is  no  official  discrimination  against  disabled  per- 
sons in  employment,  education,  or  the  provision  of  other  state  services.  However, 
there  are  no  laws  to  guarantee  disabled  people  access  to  public  buildings  or  services, 
nor  are  they  provided  any  other  special  government  assistance. 

Indigenous  People. — While  at  least  85  percent  of  all  citizens  claim  some  indige- 
nous heritage,  culturally  indigenous  people  make  up  about  15  to  20  percent  of  the 
total  population.  The  vast  majority  of  these  people  live  in  rural  areas,  and  most  live 
in  varying  degrees  of  poverty.  Land  is  scarce  in  the  more  heavily  populated  highland 
areas  where  high  infant  mortality,  malnutrition,  and  epidemic  disease  are  also  com- 
mon. In  addition,  electricity  and  potable  water  are  often  unavailable.  Although  the 
rural  education  system  is  seriously  deficient,  many  indigenous  groups  participated 
actively  with  the  Ministry  of  Education  in  the  development  of  the  bilingual  edu- 
cation program  used  in  rural  public  schools. 

Indigenous  people  enjoy  the  same  civil  and  political  rights  as  other  citizens  and 
also  have  several  special  privileges  designed  to  allow  them  to  manage  their  own  af- 
fairs within  their  own  communities.  This  is  particularly  true  in  the  Amazon  area 
where  indigenous  groups  have  claim  to  specific  tracts  of  land.  These  groups  also 
have  begun  to  play  an  active  role  in  decisionmaking  with  respect  to  the  use  of  their 
lands  for  oil  exploration  and  production,  by  lobbying  the  Government  and  enlisting 
the  help  of  foreign  nongovernmental  organizations.  Environmental  groups  and  in- 
digenous organizations  continued  to  blame  oil  companies  for  causing  major  environ- 
mental damage  and  to  criticize  their  damage  control  efforts  as  insufficient. 

Despite  their  growing  political  influence  (see  Section  3)  and  the  efforts  of  grass- 
roots community  groups,  which  were  increasingly  successful  in  pressuring  the 
central  Government  to  assist  them,  Indians  continue  to  suffer  discrimination  at 
many  levels  of  society.  In  an  August  beauty  pageant  in  the  predominantly  Indian 
town  of  Otavalo,  young  women  of  indigenous  background  were  denied  participation 
in  the  contest  based  on  their  Indian  neritage.  Even  after  this  discrimination  re- 
ceived national  attention  in  the  press  (and  a  court  had  ruled  the  practice  illegal  the 
year  before),  organizers  of  the  event  refused  to  admit  contestants  of  Indian  back- 
ground. 

National / Racial  / Ethnic  Minorities. — The  population  of  the  rural,  northern  coastal 
area  includes  large  numbers  of  Afro-Ecuadorian  citizens.  They  suffer  widespread 
poverty  and  pervasive  discrimination,  particularly  with  regard  to  educational  and 
economic  opportunity.  There  were  no  special  government  efforts  to  address  these 
problems. 

There  are  five  major  Afro-Ecuadorian  organizations  active  in  the  country;  they  es- 
timate that  Afro-Ecuadorians  account  for  700,000  people,  or  about  6  percent  of  the 
total  population.  While  the  presence  of  Afro-Ecuadorians  has  grown  in  the  fields  of 
sports  and  culture  (the  country's  most  prominent  soccer  stars  and  1996  Miss  Ecua- 
dor were  Afro-Ecuadorian),  educational  opportunities  continue  to  be  limited. 


511 

The  press  has  focused  on  lingering  racism  among  all  strata  of  society.  Afro-Ecua- 
dorian organizations  note  that  despite  the  absence  of  official  discrimination,  societal 
discrimination  continues  to  affect  them.  For  example,  they  assert  that  the  police 
stop  Afro-Ecuadorians  for  document  checks  with  greater  frequency  than  other  citi- 
zens. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  Labor  Code  provide  most 
woricers  with  the  right  to  form  trade  unions.  Members  of  the  police  and  the  military, 
and  public  sector  employees  in  nonrevenue  producing  entities  are  not  free  to  form 
trade  unions.  The  1991  Labor  Code  reforms  raised  the  number  of  workers  required 
for  an  establishment  to  be  unionized  from  15  to  30,  which  the  International  Labor 
Organization's  Committee  on  Freedom  of  Association  considered  too  stringent  a  limi- 
tation at  the  plant  workers'  council  level. 

While  employees  of  state-owned  organizations  enjoy  rights  similar  to  those  in  the 

firivate  sector,  the  law  technically  prevents  the  majority  of  public  sector  employees 
rom  joining  unions  or  exercising  collective  bargaining  rights.  Nevertheless,  most 
fmblic  empfcyees  maintain  membership  in  some  labor  organization,  and  there  are 
requent  'illegal"  strikes.  Despite  official  threats,  the  Government  rarely  takes  ac- 
tion against  striking  public  workers.  In  November  Congress  approved  constitutional 
reforms  that  outlaw  strikes  that  paralyze  key  public  services,  including  schools.  Al- 
though the  five  umbrella  organizations  are  politically  independent,  the  two  largest 
single  labor  unions,  the  Teachers'  Union  and  the  Union  of  Social  Security  Workers, 
are  allied  with  the  Democratic  Political  Movement,  a  far-lefl  socialist  party. 

Approximately  12  percent  of  the  work  force  is  organized.  There  are  four  large 
labor  centrals  or  confederations,  three  of  which  maintain  international  affiliations. 
None  of  the  main  labor  centrals  is  firmly  connected  to  any  one  political  party,  and 
there  are  no  ties  between  the  Government  and  any  labor  union. 

There  are  few  restrictions  on  the  right  of  workers  to  strike,  although  a  10-day 
cooling-off  period  is  required  before  a  strike  is  declared.  The  Labor  Code  revisions 
limit  solidarity  strikes  or  boycotts  to  3  days,  provided  that  they  are  approved  by  the 
Labor  Ministry.  In  a  legal  strike,  workers  may  take  possession  of  tne  factory  or 
workplace,  thus  ending  production  at  the  site,  and  receive  police  protection  during 
the  takeover.  The  employer  must  pay  all  salaries  and  benefits  during  a  legal  strike; 
the  Labor  Code  protects  strikers  and  their  leaders  from  retaliation.  The  only  signifi- 
cant strikes  were  by  public  sector  employees  such  as  teachers,  social  security,  and 
medical  workers.  None  of  the  strikes  resulted  in  violence. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  labor  market  is  highly 
segmented,  with  a  minority  of  workers  in  skilled,  usually  unionized,  positions  in 
state-run  enterprises  or  in  medium  to  large  industries.  Most  of  the  economically  ac- 
tive population  is  employed  in  the  agricultural  sector  or  the  urban  informal  sector; 
the  vast  majority  of  these  workers  are  not  organized.  The  Labor  Code  requires  that 
all  private  employers  with  30  or  more  workers  belonging  to  a  union  must  negotiate 
collectively  when  the  union  so  requests.  Although  approximately  12  percent  of  the 
work  force  is  organized,  collective  bargaining  agreements  cover  only  one-quarter  of 
these  workers. 

The  Labor  Code  streamlined  the  bargaining  process  in  state  enterprises  by  requir- 
ing workers  to  be  represented  by  one  labor  union  only.  It  prohibits  discrimination 
against  unions  and  requires  that  employers  provide  space  for  union  activities  upon 
the  union's  request.  The  law  does  not  permit  employers  to  dismiss  a  worker  without 
the  express  permission  of  the  Ministry  of  Labor,  whose  rulings  are  not  subject  to 
judicial  review.  If  the  Ministry  of  Labor  rules  that  a  dismissal  is  unjustified,  it  can 
require  the  employer  to  pay  large  indemnities  or  separation  payments  to  the  work- 
er, although  the  reforms  set  a  cap  on  such  payments.  The  Labor  Code  provides  for 
resolution  of  labor  conflicts  through  an  arbitration  and  conciliation  board  comprising 
one  representative  of  the  Ministry  of  Labor,  two  from  the  union,  and  two  represent- 
atives of  maneigement. 

The  Maquila  (in  bond)  Law  passed  in  1990  permits  the  hiring  of  temporary  work- 
ers for  the  maquila  industries  only.  While  there  is  no  express  prohibition  on  associa- 
tion rights  in  the  Maquila  Law,  in  practice  it  is  difficult  to  organize  temporary  em- 
Eloyees  on  short-term  contracts.  Since  temporary  workers  are  not  recognized  by  the 
abor  Code,  they  do  not  enjoy  the  same  level  oi  protection  offered  to  other  workers. 
The  maquila  system  allows  a  conipany  and  its  property  to  become  an  export  process- 
ing zone  wherever  it  is  located.  Many  such  "zones  have  thus  been  established;  most 
are  dedicated  to  textiles  and  fish  processing. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  and  the  Labor 
Code  prohibit  compulsory  labor,  and  there  were  no  reports  of  it  in  general,  nor  of 
forced  or  bonded  labor  by  children. 


512 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Con- 
stitution establishes  that  children  must  attend  school  until  14  years  of  age.  How- 
ever, because  of  the  lack  of  schools  in  many  rural  communities  and  the  needfor  chil- 
dren to  work,  this  provision  is  rarely  enforced.  The  law  prohibits  forced  or  bonded 
labor  by  children,  and  there  were  no  reports  of  such  practices  (see  Section  6.c.).  The 
law  prohibits  persons  younger  than  14  years  old  from  working,  except  in  special  cir- 
cumstances such  as  apprenticeships.  It  requires  those  between  the  ages  of  14  and 
18  years  to  have  the  permission  of  their  parent  or  guardian  to  work.  The  law  pro- 
hibits children  between  the  ages  of  15  and  18  years  from  working  more  than  7  hours 
per  day  or  35  hours  per  week,  and  it  restricts  children  below  the  age  of  15  years 
to  a  maximum  of  6  hours  per  day  and  30  hours  per  week.  In  practice,  the  Ministry 
of  Labor  fails  to  enforce  child  labor  laws.  In  rural  areas  many  children  attend  school 
only  sporadically  after  about  10  years  of  age  in  order  to  contribute  to  household  in- 
come as  farm  laborers.  In  the  city  many  children  under  14  years  of  age  work  in  fam- 
ily-owned "businesses"  in  the  inlormal  sector,  shining  shoes,  collecting  and  recycling 
garbage,  or  as  street  peddlers. 

e.  Acceptable  Conditions  of  Work. — The  Ministry  of  Labor  has  the  principal  role 
in  enforcing  labor  laws  and  carries  this  out  through  a  corps  of  labor  inspectors  who 
are  active  in  all  21  provinces.  The  Labor  Code  provides  for  a  40-hour  workweek,  a 
15-day  annual  vacation,  a  minimum  wage,  and  other  employer-provided  benefits, 
such  as  uniforms  and  training  opportunities. 

Hie  Ministry  of  Labor  sets  the  minimum  wage  every  6  months  in  consultation 
with  the  Commission  on  Salaries,  but  Congress  may  also  adjust  it.  The  statutory 
minimum  wage  is  not  adequate  to  provide  a  decent  standard  of  living  for  a  worker 
and  family.  As  of  September,  the  minimum  wage  plus  mandated  bonuses  provided 
a  gross  monthly  compensation  of  approximately  $160  (S/646,167).  Most  organized 
workers  in  state  industries  and  formal  sector  private  enterprises  earned  substan- 
tially more  than  the  minimum  wage  and  also  received  significant  other  benefits 
through  collective  bargaining  agreements.  The  majority  of  workers,  however,  work 
in  the  lai^e  informal  and  rural  sector  without  recourse  to  the  minimum  wage  or  le- 
gaUy  mandated  benefits. 

The  Labor  Code  also  provides  general  protection  for  workers'  health  and  safety 
on  the  job.  A  worker  may  not  leave  the  workplace  of  his  own  volition,  even  if  there 
is  a  hazardous  situation.  The  worker  is  allowed  to  request  that  an  inspector  from 
the  Ministry  of  Labor  come  to  the  workplace  and  confirm  the  hazard;  that  inspector 
may  then  close  down  the  workplace. 

tlie  Government  enforces  health  and  safety  standards  and  regulations  through 
the  Social  Security  Institute.  In  the  formal  sector,  occupational  health  and  safety 
is  not  a  major  problem.  However,  there  are  no  specific  regulations  governing  health 
and  safety  standards  in  the  agricultural  sector  and,  in  practice,  there  is  no  enforce- 
ment of  safety  rules  in  the  small  mines  that  make  up  tne  vast  majority  of  the  min- 
ing sector. 


EL  SALVADOR 

El  Salvador  is  a  constitutional,  multiparty  democracy  with  an  executive  branch 
headed  by  a  president  and  a  unicameral  legislature.  Armando  Calderon  Sol  of  the 
Nationalist  Republican  Alliance  Party  (ARENA)  was  inaugurated  President  for  a  5- 
year  term  in  June  1994.  In  free  and  fair  legislative  elections  in  March,  the  former 
guerrilla  organization  Farabundo  Marti  National  Liberation  Front  (FMLN)  won  a 
third  of  the  Legislative  Assembly  seats,  leaving  the  ARENA  party  with  a  one-vote 

Plurality.  Seven  other  parties  also  hold  seats,  including  the  conservative  National 
Conciliation  Party  (PCN)  and  the  centrist  Christian  Democratic  Party  (PDC).  The 
Constitution  provides  for  a  separate,  politically  appointed,  independent  judiciary. 

Since  the  Peace  Accords  ended  the  12-year  civil  war  in  1992,  the  Government  has 
reduced  the  armed  forces  (including  civilian  employees)  by  70  percent;  redefined  the 
role  of  the  military,  placing  it  under  civilian  control;  created  a  new  Civilian  National 
Police  (PNC);  and  integrated  the  former  guerrillas  into  political  life.  Although  its  in- 
ternal policing  mission  has  been  eliminated,  the  military  continues  to  provide  sup- 
{)ort  for  some  PNC  patrols  in  rural  areas,  a  measure  begun  in  1995  to  contain  vio- 
ence  by  well-armed  criminal  bands.  The  professionalism  of  the  PNC  generally  im- 
proved, but  the  4-year-old  force  continues  to  be  understaffed,  only  minimally 
trained,  and  short  on  practical  experience.  Members  of  the  police  committed  human 
rights  abuses. 

El  Salvador  has  a  market-based,  mixed  economy  largely  based  upon  agriculture 
and  light  manufacturing.  Some  40  percent  of  the  workforce  is  in  tne  agricultural 


513 

sector;  coffee  and  sugar  are  the  principal  export  crops  and  major  sources  of  foreign 
exchange.  The  growing  light  manufacturing  sector  (export  processing  zones)  is  domi- 
nated by  apparel  manufacturing  and  represents  the  main  source  of  new  jobs.  The 
Government  is  committed  to  privatization  and  free  maricet  reforms.  The  economy  is 
open,  and  private  property  is  respected.  The  rate  of  real  economic  growth  was  about 
4  percent,  and  per  capita  gross  domestic  product  was  estimated  to  be  $1,930.  About 
52  percent  of  the  population  lives  below  the  poverty  level. 

Tne  Government's  human  rights  record  improved  somewhat;  however,  there  were 
problems  in  some  areas.  In  one  new  case,  two  police  agents  face  charges  of 
extrajudicial  killings.  The  police  sometimes  use  excessive  force  and  mistreat,  arbi- 
trarily arrest,  and  detain  persons,  although  the  PNC  sought  to  identify  and  to  pun- 
ish those  within  its  ranks  who  committed  criminal  acts  or  violated  established  pro- 
cedures. Prison  conditions  remained  poor  and  overcrowding  worsened.  The  judi- 
ciary's ineflficiency  resulted  in  lengthy  pretrial  detention  and  long  delays  in  trials. 
The  Supreme  Court  made  some  progress  in  cleaning  up  the  judiciary  but  did  not 
move  quickly  to  discipline  or  dismiss  corrupt  or  incompetent  judges.  Impunity  for 
the  rich  and  poweriui  remained  a  problem;  however,  tne  Government  took  action 
to  investigate,  prosecute,  and,  in  some  cases,  jail  prominent  citizens  for  crimes.  Dis- 
crimination against  women,  the  disabled,  and  indigenous  people,  violence  against 
women,  and  abuse  of  children  are  also  problems. 

The  United  Nations  General  Assembly  eliminated  the  position  of  Special  Rep- 
resentative of  the  Secretary  General,  resident  in  El  Salvador,  reducing  the  U.N.'s 
on-site  monitoring  role  in  recognition  of  the  progress  made  in  implementation  of  the 
Peace  Accords.  The  Human  Rights  Ombudsman,  a  position  created  by  the  Peace  Ac- 
cords and  the  Constitution,  continued  to  speak  out  on  controversial  issues.  However, 
the  investigative  capacity  of  her  agency,  the  office  of  the  Counsel  for  the  Defense 
of  Human  Ri^ts  (PUDH),  remained  limited  and  was  hindered  further  by  a  shrink- 
ing budget. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  confirmed  pxplitical 
killings.  The  FMLN  charged  that  the  February  murder  of  two  of  its  activists  in 
Nejapa  during  the  election  campaign  was  politically  motivated.  In  contrast,  police 
authorities  linked  the  killings  to  a  criminal  gang  known  to  be  operating  in  the  area. 
The  case  remained  under  investigation  at  year's  end. 

In  October  1996,  a  PNC  agent  shot  and  killed  Francisco  Manzanares  in  what  the 
police  said  was  an  investigation  of  an  extortion  case.  Although  not  active  in  politics 
at  the  time  of  his  death,  Manzanares'  past  as  an  FMLN  combatant  and  party  mem- 
ber raised  the  issue  of  political  killing.  PNC  agent  Guillermo  Linares  was  originally 
held  for  wrongful  death,  but  in  October,  the  court  charged  PNC  agent  Jose  Santo 
Arevalo  with  tne  shooting.  At  that  time,  three  PNC  agents,  including  Linares,  were 
charged  as  accessories  to  the  crime.  The  judge  stated  that  the  kilfing  could  have 
been  a  premeditated  act  and  noted  that  the  PNC  had  persecuted  Manzanares  prior 
to  his  murder.  At  year's  end,  the  four  police  officers  were  detained,  and  the  case 
was  under  active  investigation  in  preparation  for  trial. 

The  authorities  in  June  charged  two  PNC  officers  with  the  March  1996 
extrajudicial  killings  of  four  gang  members  in  Santa  Ana.  Witnesses  reported  that 
the  police  apprehended  the  four  persons  for  robbing  sf>ectators  at  a  morning  sport- 
ing event  and  placed  them  in  a  PNC  vehicle.  The  four  were  found  3  hours  later, 
murdered;  the  oodles  were  dumped  at  a  local  farm.  On  December  2,  a  Santa  Ana 
court  found  that  there  was  insuificient  evidence  to  tie  the  PNC  agents  to  the  mur- 
ders, dropped  the  charges,  and  released  the  two  policemen.  The  Attorney  General's 
office  has  the  option  to  appeal  this  decision  to  a  higher  court. 

There  was  mixed  progress  in  cases  from  previous  years.  In  April  a  court  exoner- 
ated and  released  the  last  three  suspects  in  the  "Sombra  Negra"  case.  The  Sombra 
Negra  was  a  vigilante  group  that  operated  in  San  Miguel  in  1994;  it  allegedly  killed 
20  people  it  claimed  were  criminals.  Four  of  the  nine  original  suspects  arrested  in 
July  1995  were  police  officers. 

In  February  a  court  found  two  PNC  agents  guilty  of  killing  four  people  in  San 
Pedro  Masahuat,  Zacatecoluca  in  March  1996,  and  found  six  other  police  guilty  of 
complicity  in  the  murders.  The  two  murderers  were  sentenced  to  the  maximum  30- 
year  prison  term,  five  other  police  officers  received  12-year  terms,  and  one  a  term 
of  10  years.  In  July  an  appeals  court  confirmed  the  guilty  verdicts  and  sentences, 
and  in  October  the  Supreme  Court  refused  to  review  the  cases.  In  a  related  case, 
the  authorities  brought  charges  against  two  PNC  officers  for  allowing  six  of  the 
eight  guilty  police  to  escape  detention  in  February. 


514 

In  February  the  authorities  brought  charges  against  seven  police  ofTicers  and  ar- 
rested six  01  them  for  the  Deceinber  1995  murder  of  medical  student  Adriano 
Vilanova  (the  seventh  suspect  was  still  at  large  at  year's  end).  It  took  an  investiga- 
tion by  the  PDDH,  a  series  of  investigative  reporting  articles,  and  a  full  reexamina- 
tion of  the  case  by  the  Attorney  General's  omce  to  reopen  the  case.  At  yeai^s  end, 
the  six  police  were  in  custody,  and  their  trial  was  under  way. 

In  April  a  court  found  PNC  officer  Tomas  Coronado  Valdes  guilty  of  manslaughter 
and  sentenced  him  to  1  year  in  prison  for  killing  a  demonstrator  with  a  rubber  bul- 
let in  November  1995.  It  later  suspended  his  sentence,  placed  him  on  2  years'  proba- 
tion, and  ordered  him  to  pay  the  victim's  family  an  indemnification  of  $2,860  (25,000 
colones).  Coronado  was  oismissed  from  the  PNC  and  is  not  allowed  to  hold  public 
office  or  work  for  a  government  institution. 

Following  a  high  speed  chase  in  January  1996,  police  shot  and  killed  16-year-old 
William  Antonio  Gajrtan,  a  passenger  in  a  stolen  car.  Based  on  testimony  by  one 
of  the  other  persons  in  the  stolen  car,  in  Januaryr  the  PNC  arrested  police  agents 
Miguel  Palacios  Contreras  and  Narcisco  Escamilla  Acosta  and  charged  them  with 
involuntary  manslaughter.  In  September  the  authorities  raised  the  chaises  to  inten- 
tional homicide  when  they  concluded  that  these  police  officers  had  continued  firing 
after  the  car  chase  ended  and  that  the  youths  in  the  stolen  vehicle  never  fired  at 
the  pursuing  police.  In  December  a  court  found  Escamilla  guilty  and  sentenced  him 
to  11  years  m  prison.  It  found  Contreras  not  guilty,  and  he  was  released. 

Although  a  court  found  Jose  Argueta  Rivas  guilty  in  October  1996  and  sentenced 
him  to  30  years  in  prison  for  the  1994  murder  of  Kamon  Garcia  Prieto,  the  Garcia 
Prieto  family  has  charged  before  the  Inter-American  Commission  on  Human  Rights 
that  the  Government  failed  to  investigate  properly  the  crime  to  determine  the  intel- 
lectual authors.  The  (jovemment  stated  that  it  is  continuing  the  investigation  into 
the  murder. 

In  the  1993  murder  of  FMLN  leader  Darol  Francisco  Velis  Castellanos,  the  CJov- 
emment  extradited  a  former  police  detective,  Carlos  Romero  Alfaro,  from  the  United 
States  in  March  1996.  Following  this  extradition,  the  PNC  arrested  another  former 
police  agent  in  connection  with  the  murder  and  was  investigating  two  other  suspects 
at  year^  end.  In  May  the  Attorney  General  sought  preventive  arrest  decrees  for 
these  two  suspects.  The  case  remained  active  at  year's  end. 

b.  Disappearance. — There  were  no  confirmed  politically  motivated  disappearances. 
From  January  to  July,  of  the  3,179  cases  the  PDDH  accepted  for  investigation, 

there  were  8  cases  involving  forced  or  involuntary  disappearances,  none  of  which  in- 
volved serious  allegations  o?  political  motivation.  Kidnaping  for  profit  affects  aU  lev- 
els of  society  and  has  become  a  common  occurrence  throughout  tne  country. 

There  were  allegations  of  political  motivation  behind  several  high-profile 
kidnapings,  including  one  of  a  U.S.  citizen,  which  took  place  in  the  early  1990  s.  Ru- 
mors of  political  motivation  surrounded  the  1995  kidnaping  of  Andres  Suster,  the 
15-year-old  son  of  the  former  president  of  the  state  telephone  company  (ANTED 
and  close  associate  of  former  President  Alfredo  Cristiani.  Suster  was  kidnaped  in 
September  1995  and  released  1  year  later.  In  July  police  arrested  several  people  in 
connection  with  the  Suster  kidnaping.  In  addition,  one  individual  associated  with 
the  disbanded  Communist  Party  has  been  jailed,  and  an  important  leader  of  the 
Communist  Party  fled  the  country,  both  in  connection  to  tne  Suster  and  other 
kidnapings.  At  year's  end,  the  Suster  case  remained  active  and  police  were  continu- 
ing to  investigate  links  between  it  and  other  kidnapings. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices,  but  the  PNC  continued  to  be  charged 
with  the  use  of  excessive  force  and  other  mistreatment  of  detainees.  In  late  Decem- 
ber, the  PDDH  charged  two  PNC  officers  with  burning  detainee  Ambrosio  Perez 
over  30  percent  of  his  body,  during  a  January  confrontation  in  a  land  dispute  at 
the  El  Espino  plantation  on  the  outskirts  of  San  Salvador,  in  an  effort  to  obtain  in- 
formation on  the  location  of  an  alleged  hidden  cache  of  arms. 

In  the  first  9  months  of  1997,  the  PDDH  accepted  993  (a  monthly  average  of  110) 
complaints  of  violation  of  the  right  of  personal  integrity  (a  category  covering  torture; 
inhuman  or  degrading  treatment;  mistreatment;  disproportionate  use  of  force;  and 
improper  treatment  of  detainees).  The  PDDH  received  a  total  of  1,295  such  com- 
plaints (or  108  per  month)  from  June  1996  through  May  1997;  and  861  (or  72  per 
month)  from  June  1995  through  May  1996.  The  PDDH  reported  that  the  vast  major- 
ity of  these  complaints  were  directed  against  the  PNC  and  resulted  from  improper 
arrest  procedures.  During  this  period,  the  PDDH  determined  that  an  average  of  12.4 
percent  of  the  complaints  it  accepted  in  1997  (for  all  human  rights  categories)  were 
actual  violations  of^ rights. 

The  PNC  Inspector  (Jeneral's  office  (IG,  an  entity  separate  from  the  PNC,  which 
answers  directly  to  the  Minister  of  Public  Security)  investigated  73  cases  of  violation 


515 

of  the  right  of  personal  integrity  through  June,  compared  with  44  cases  for  the  last 
8  months  of  1996. 

TTie  PNC  continued  to  be  the  subject  of  more  complaints  of  human  rights  viola- 
tions received  by  the  PDDH  than  any  other  government  institution.  Covering  aU 
human  rights  (affecting  16  major  PDDH  categories  ranging  from  due  process  and 
personal  integrity  to  property  and  personal  documents  ri^ts  to  the  right  to  a  clean 
environment  ana  personal  health),  for  the  first  9  months  of  1997,  out  of  a  total  of 
3,987  complaints  accepted  by  the  PDDH,  1,894  pertained  to  the  PNC,  or  47.5  per- 
cent of  the  total.  By  comparison,  2,503  (51.2  percent)  of  the  4,882  complaints  reg- 
istered by  the  PDDH  for  its  June  1996  through  May  1997  reporting  period  involved 
the  PNC,  as  did  57.3  percent  of  the  complaints  in  tne  June  1995  through  May  1996 
reporting  period.  The  PDDH  also  received  human  rights  complaints  involving  other 

e)vemment  offices,  including  the  Ministry  of  Education,  the  courts,  the  Ministry  of 
ealth,  the  Ministry  of  Labor,  and  local  governments. 

The  IG  also  noted  an  increase  in  complaints  against  the  PNC. 

In  the  first  6  months,  the  IG  investigated  229  cases,  compared  with  208  cases  for 
the  last  8  months  of  1996.  The  concentration  of  complaints  involving  the  PNC  re- 
flected several  factors:  The  PNC's  authority  to  use  force  in  carrying  out  arrests;  its 
inexperience  (the  1992  Peace  Accords  created  the  PNC  as  a  replacement  for  the  old, 
discredited  security  forces,  and  the  first  PNC  deployment  occurred  in  March  1993); 
the  difficulty  of  its  work  in  the  face  of  critical,  often  violent  crime  levels;  and  a  con- 
tinuing need  for  training  in  human  rights.  From  January  through  September,  the 
PNC  internal  affairs  division  processed  925  complaints  against  police  for  adminis- 
trative violations  (such  as  drinking  on  duty,  improper  use  of  police  equipment  and 
vehicles,  stealing  from  police  funds,  etc.)  and  criminal  abuses.  The  division  found 
police  at  fault  in  368  cases  and  administratively  disciplined  (with  temporary  suspen- 
sion or  fines)  212  police  officers  for  violation  of  PNC  regulations;  fired  agents  in  92 
cases  for  serious  violations  or  minor  criminal  abuses;  and  jaUed  64  agents  for  seri- 
ous criminal  acts. 

Working  together  to  improve  PNC  human  ri^ts  training,  the  PDDH  and  the  Na- 
tional Public  Security  Academy  incorporated  additional  human  rights  courses  into 
the  curriculum  for  the  academy^s  police  officer  training  program. 

Despite  the  volume  of  human  rights  complaints,  public  opinion  polls  gave  the 
PNC  relatively  higrih  marks  amidst  general  dissatisfaction  with  government  institu- 
tions as  a  whole.  The  IG  conducted  a  nationwide  poll  in  March  in  which  63  percent 
of  the  respondents  gave  the  PNC  good  to  excellent  marks  for  its  respect  of  human 
rights,  and  68  percent  gave  good  to  excellent  marics  for  the  PNC's  everyday  treat- 
ment of  citizens.  A  July  poll  taken  by  the  Catholic  University  found  that  40  percent 
of  respondents  had  "some"  or  "a  lot"  of  confidence  in  the  PNC. 

In  tne  only  terrorism-related  case,  in  June  a  court  found  innocent  three  university 
students  arrested  in  June  1996  in  connection  with  two  bombings  in  April  and  May 
1996.  No  one  was  iiyured  in  either  incident,  and  the  motives  remain  unclear.  Four 
students  allegedly  belonging  to  a  left-wing  terrorist  group  had  been  arrested  ini- 
tially; one  of  the  four  was  released  soon  after  the  arrest  due  to  lack  of  evidence. 

Prison  conditions  remained  poor,  and  overcrowding  in  prisons  worsened.  High 
crime  rates,  the  increased  numoer  of  arrests,  and  a  slow  judicial  process  kept  the 
flow  of  new  prisoners  higher  than  the  release  rates.  The  prisons  are  filled  with  vio- 
lent inmates,  and  guards  exercise  little  control.  Responding  to  a  highly  critical  1996 
report  on  prisons  by  the  PDDH,  the  Government  sought  to  improve  prison  condi- 
tions through  efforts  to  provide  better  food,  medical  care,  and  rehabilitation  facilities 
in  the  prison  system.  Prison  authorities  report  that  from  January  to  September 
there  were  6  violent  deaths  in  the  prison  system,  compared  with  24  violent  deaths 
in  all  of  1996. 

Both  female  and  juvenile  prisoners  have  separate  facilities.  The  new  Juvenile 
Code  expands  the  use  of  hallway  houses  and  other  nonpenal  facilities  for  minors. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors, 
representatives  of  nongovernmental  organizations  (NGO's),  and  the  media. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, but  there  were  cases  of  arbitrary  arrests  and  detentions  by  the  PNC. 

During  the  first  9  months  of  1997,  the  PDDH  accepted  a  total  of  583  cases  (or 
an  average  of  65  per  month)  for  violations  of  personal  liberty.  Of  these  complaints, 
76  percent  were  lodged  against  the  PNC  for  alleged  arbitrary  arrest  and  20  percent 
against  the  PNC  for  alleged  improper  arrest  procedures.  In  comparison,  the  PDDH 
accepted  745  cases  (62  per  month)  in  this  same  category  from  June  1996  to  May 
1997  and  901  (75  per  month)  for  the  same  period  in  1995-96.  The  IG  investigated 
48  cases  of  violation  of  p)ersonal  liberty  and  due  process  from  January  to  June.  The 
courts  generally  enforced  a  ruling  that  interrogation  without  the  presence  of  a  pub- 
lic defender  amounts  to  coercion,  and  that  any  evidence  so  obtained  is  inadmissible. 


516 

As  a  result,  police  authorities  generally  delayed  questioning  until  a  public  defender 
arrived.  Low  salaries  and  insuflicient  supervision  contribute  to  {xx)r  handling  of 
public  defender  caseloads. 

By  law,  the  police  may  hold  a  person  for  72  hours  before  delivering  the  suspect 
to  court,  after  which  time  the  jud^e  may  order  detention  for  an  additional  72  hours 
to  determine  if  an  investigation  is  warranted.  Because  of  a  lack  of  holding  cells, 
such  detainees  are  often  sent  to  the  already  overcrowded  prisons  where  they  may 
be  mixed  with  violent  criminals.  The  law  allows  120  days  to  investigate  serious 
crimes  and  45  days  for  lesser  offenses  before  a  judge  must  bring  the  accused  to  trial 
or  dismiss  the  case.  Few  cases,  however,  are  completed  within  the  legally  prescribed 
time  periods. 

The  law  permitted  the  release  of  detainees  on  baU  only  for  crimes  where  the  maxi- 
mum penalty  was  under  3  years.  Many  crimes,  including  homicide,  manslaughter, 
rape,  and  cnmes  against  property,  carry  penalties  in  excess  of  3  years,  thereby  pre- 
cluding release  pending  trial.  The  new  Penitentiary  Code,  passed  in  April,  permits 
bail  for  crimes  with  a  minimum  penalty  of  over  3  years,  ii  the  suspect  is  unlikely 
to  flee  or  his  release  would  not  impede  the  investigation.  This  law,  set  to  take  eflect 
in  1998,  is  expected  to  reduce  pretrial  detention. 

Because  it  may  take  several  years  for  a  case  to  come  to  trial,  some  prisoners  have 
been  incarcerated  longer  than  the  maximum  legal  sentence  for  their  crimes.  Any  de- 
tainee may  request  a  review  (habeas  corpus)  by  the  Supreme  Court,  but  the  Court 
denies  the  overwhelming  majority  of  sucn  reauests.  At  the  beginning  of  December, 
74  percent  of  all  inmates  were  awaiting  trial  or  sentencing.  The  iJniversity  of  El 
Salvador  and  the  F*ublic  Defender's  office  continued  a  program  to  investigate  the 
cases  of  500  to  600  prisoners  who  did  not  have  effective  representation.  The  pro- 
gram helped  to  move  these  cases  forward  and,  where  appropriate,  to  seek  habeas 
corpus,  wnich  resulted  in  a  large  number  of  prisoners  being  released. 

The  Constitution  prohibits  compulsory  exile,  and  it  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice. 

The  court  structure  has  four  levels:  justices  of  the  peace,  trial  courts,  appellate 
courts,  and  the  Supreme  Court. 

Judges,  not  juries,  decide  most  cases.  A  jury  verdict  cannot  be  overruled  by  a 
judge  nor  appealed  by  the  defendant;  however,  defendants  may  appeal  the  sentence 
to  tne  Supreme  Court.  The  new  Criminal  Procedures  Code  (to  take  effect  in  1998) 
provides  for  fuU  appeal  of  jury  verdicts  if  there  is  evidence  of  corruption  or  vested 
interest  by  members  of  the  jury. 

In  fulfillment  of  commitments  under  the  Peace  Accords,  the  Assembly  continued 
to  enact  wide-ranging  reforms  of  the  criminal  justice  system.  Following  tne  Criminal 
Procedures  Code  passed  in  December  1996,  the  Assembly  passed  the  Penal  Code 
and  Penitentiary  (Sentencing)  Code  in  April.  Both  codes  are  expected  to  speed  up 
the  trial  process  and  reduce  the  number  of  detainees;  these  measures  were  sched- 
uled to  enter  into  effect  in  1998.  There  are  two  new  court  systems,  for  family  and 
for  juvenile  offenders.  Both  systems  stress  conciliation  as  an  alternative  to  adjudica- 
tion. The  Juvenile  Legal  Code,  which  went  into  effect  in  March  1995,  included  great- 
er provisions  for  due  process,  raised  the  age  of  majority  from  16  to  18  years,  limited 
sentences  to  a  maximum  of  7  years,  and  introduced  alternatives  to  incarceration. 
The  new  Juvenile  Code  continues  to  suffer  from  the  weaknesses  of  the  institutions 
involved  in  its  execution. 

Under  the  Constitution,  defendants  have  the  right  to  a  presumption  of  innocence, 
protection  from  self-incrimination,  legal  counsel,  freedom  from  coercion,  and  com- 
pensation for  damages  due  to  judicial  error.  They  also  have  the  right  to  be  present 
in  court.  While  defendants  oflien  are  not  assured  of  these  rights,  compliance  with 
these  provisions  improved,  in  part  due  to  judicial  training  programs  and  to  evalua- 
tions of  judges  conducted  by  the  National  Council  of  the  Judiciary  (an  independent 
body  provided  for  in  the  Constitution  to  nominate,  train,  and  evaluate  judges)  and 
the  Supreme  Court.  Although  legal  counsel  is  supposed  to  be  available  at  govern- 
ment expense  for  the  indigent,  there  were  too  few  public  defenders  to  make  this  a 
reality. 

The  new  Penitentiary  (Sentencing)  Code,  called  for  in  the  Truth  Commission  re- 
port, lays  the  foundation  for  extensive  reform  in  the  penitentiary  system  and  adopts 
an  approach  stressing  rehabilitation  of  the  criminal  and  prevention  of  future  crimes, 
rather  than  retribution,  and  stipulates  the  provision  of  humane  conditions  in  the 
prisons  as  well  as  the  separation  of  violent  offenders  and  pretrial  detainees.  It  also 
establishes  a  new  institution,  the  Criminal  Sentencing  Court,  with  responsibility  for 
executing  and  monitoring  the  sentences  imposed  by  the  trial  courts.  Heretofore,  the 
same  juoge  that  investigated,  judged,  and  sentenced  the  accused  was  also  respon- 
sible u)r  tne  imposition,  monitoring,  and  suspension  of  the  sentence.  The  new  code 


517 

also  provides  for  alternatives  to  imprisonment  for  nonviolent  offenders,  which  is  ex- 
pected to  reduce  prison  overcrowding. 

Rx)blems  of  corruption  and  incompetence  in  the  judicial  system  remain.  The  Su- 
preme Court  disciplined  judges  for  corruption,  but  it  moved  slowly.  Judicial  salaries 
are  high  enough  to  attract  qualified  judges,  but  salaries  are  still  considered  insuffi- 
cient to  attract  competent  prosecutors  or  public  defenders.  Training  progr£mis  are 
insufficient  to  compensate  for  inadequate  university  training,  low  pay,  and  poor  su- 
pervision. This  deficiency  is  expected  to  be  further  complicated  by  the  implementa- 
tion of  the  new  iudicial  codes.  While  they  represent  a  marked  improvement,  the  new 
codes  also  entail  a  massive  reeducation  effort  for  professionals  in  the  judicial  sector. 

TTie  general  public  does  not  place  much  confidence  in  the  judicial  system,  with 
over  70  percent  of  those  polled  saying  that  thev  had  little  or  no  confidence  in  it. 
Fifty-six  percent  of  the  respondents  in  a  July  Catholic  University  poll  stated  that 
they  had  little  or  no  confidence  in  the  Supreme  Court. 

Impunity,  especially  of  the  politically,  economically,  or  institutionally  well-con- 
nected, remained  a  problem.  The  systemic  weaknesses  in  the  criminal  justice  system 
contribute  to  this  impunity.  Such  impunity  might  take  the  form  of  a  reluctance  on 
the  part  of  authorities  to  pursue  aggressively  allegations  involving  acts  of  violence 
or  other  major  crimes.  There  is  a  clear  perception  among  the  public  that  those  who 
are  weU-connected,  especially  the  rich  and  powerful,  often  have  impunity  with  re- 
spect to  the  country's  civil  and  criminal  laws.  Public  suspicion  that  special  px)ups 
receive  special  treatment  under  the  law  clearly  diminishes  confidence  in  the  justice 
system.  However,  the  Government  took  action  during  the  year  to  prosecute  and  jail 
prominent  citizens  involved  in  financial  scandals  and  theft,  which  represented  a 
step  forward  in  combating  impunity  and  altering  the  public's  perception. 

"There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Accord- 
ing to  the  Constitution,  the  police  must  have  the  resident's  consent,  a  warrant,  or 
a  reasonable  belief  that  a  crime  is  under  way  or  is  about  to  be  committed,  before 
entering  a  private  dwelling.  Government  authorities  generally  respected  these 
rights. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  the 
press,  and  the  Government  respects  this  right  in  practice.  There  are  4  daily  news- 
papers, 10  television  stations,  approximately  100  licensed  radio  stations,  and  2 
major  cable  television  systems.  Print  and  broadcast  journalists  regularly  criticize 
the  Government  and  report  opposition  views.  Opposition  figures  are  regularly  inter- 
viewed on  television  and  radio.  According  to  major  media  associations,  the  Govern- 
ment did  not  use  direct  or  indirect  means  to  control  the  media. 

The  new  Assembly  abrogated  the  1996  telecommunications  law,  approved  a  re- 
vised law  in  August,  and  made  final  amendments  to  the  new  law  in  October.  How- 
ever, the  issue  of  providing  free  or  low  cost  frequencies  to  "community  radio"  sta- 
tions was  not  resolved.  The  Supreme  Court  ruled  that  the  Government  had  acted 
improperly  in  1995  when  it  confiscated  the  equipment  of  11  unlicensed,  low-powered 
stations,  operating  in  small  rural  communities,  temporarily  closing  them  down.  The 
Court  ordered  the  return  of  the  equipment  and  overturned  a  fine,  but  found  that 
the  stations  must  get  permits  before  broadcasting.  Ten  stations  are  broadcasting 
again,  all  without  licenses.  In  practice,  it  takes  years  to  get  licenses,  and  the  sta- 
tions argue  that  they  cannot  afford  them.  The  final  law  maintained  the  existing  sep- 
aration Dandwith  (the  broadcast  spectrum  is  already  over  subscribed)  and  gave  no 
special  status  to  the  community  stations  (requiring  them  to  seek  commercial  li- 
censes to  broadcast).  The  community  stations  and  several  NGO's  charged  that  this 
law  supported  a  monopolization  of  the  airwaves  and  effectively  violated  the  right  of 
free  expression. 

On  August  25,  Lorena  Saravia,  a  news  reader  employed  by  a  commercial  radio 
station,  was  shot  and  killed.  The  PNC  reacted  quickly,  mounting  a  major  investiga- 
tion, which  was  stiU  under  way  at  year's  end.  Although  the  Inter-American  Press 
Society  cited  this  murder  as  an  example  of  violence  directed  against  the  media, 
there  was  no  indication  that  the  murder  had  any  direct  connection  to  Saravia's  pro- 
fession or  that  it  had  any  relationship  to  the  media. 

In  Julypolice  using  nightsticks  struck  media  reporters  covering  a  maior  financial 
scandal.  There  were  no  serious  injuries.  The  chiei  of  police  apologized  tne  following 
day  and  instituted  an  internal  investigation.  The  President  recognized  publicly  that 
the  police  had  overreacted.  After  meeting  with  the  El  Salvador  Association  of  Re- 
porters, the  PNC  formally  and  publicly  promised  that  such  action  would  not  be  re- 
peated. 


518 

The  Constitution  provides  for  academic  freedom,  and  the  Government  respects 
this  right  in  practice. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
peaceful  assembly  for  any  lawful  purpose,  and  the  Government  respects  this  right 
in  practice.  There  is  no  requirement  for  permits  to  hold  public  meetings,  and  public 
demonstrations  are  common. 

The  Constitution  provides  for  freedom  of  association,  and  the  Govenmient  re- 
spects this  right  in  practice.  The  Ministry  of  Interior  began  implementing  the  1996 
law  that  gives  it  the  authority  to  register,  regulate,  and  financially  oversee  domestic 
and  international  NGO's  and  non-Catholic  religious  groups  working  in  the  country. 
The  law  exempts  organizations  such  as  unions,  cooperatives,  and  the  Catholic 
Church,  and  the  Interior  Minister  stated  it  will  not  affect  other  churches. 

Some  leaders  of  the  NGO  community  complained  that  the  Ministry  had  not  yet 
published  implementing  regulations  defining  procedures  for  reviewing  applications. 
These  NGO's  also  complained  that  the  Government  did  not  ftilfiU  its  promise  of  an 
"ojpen  dialogue"  prior  to  the  implementation  of  the  law.  Although  the  law  went  into 
eftect  December  1996,  the  Ministry  of  Interior  extended  the  deadline  for  NGO  reg- 
istration to  the  end  of  September  and  made  eflbrts  to  allow  all  operating  NGO's  to 
present  their  documents.  The  law  requires  the  Ministry  to  respond  to  applications 
within  15  days;  if  the  Ministry  fails  to  do  so,  the  NGO  receives  automatic  registra- 
tion. In  June  some  200  NGO's  presented  a  constitutional  challenge  to  the  law  oased 
on  the  right  of  free  assembly.  The  Supreme  Court  accepted  the  challenge  for  consid- 
eration in  September,  but  at  year's  end  had  not  issued  a  judgment. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

In  August  the  Ministry  of  Interior  denied  temporary  resident  status  for  some  100 
Japanese  members  of  the  Sun  Myung  Moon  church.  The  Ministry  determined  that 
the  members  had  violated  their  status  as  tourists  by  actively  proselytizing.  How- 
ever, none  of  the  group  were  punished,  and,  while  requiring  the  group  to  leave,  the 
Government  allowed  tiie  same  members  to  reenter  the  country  as  tourists,  but  not 
for  religious  purposes.  The  Government  noted  that  under  the  law,  visitors  must  seek 
immigrant  status  in  order  to  practice  religious  proselytism. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^The  Constitution  provides  for  tnese  rights,  and  the  Government  re- 
spects them  in  practice. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  and  other  humanitarian  organizations  in  assisting  refugees.  The 
issue  of  the  provision  of  first  asylum  did  not  arise  in  1997  and  has  not  arisen  in 
recent  years.  There  were  no  reports  of  forced  return  of  persons  to  a  country  where 
they  feared  jjersecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage.  The  President  and  Vice  President 
are  elected  every  5  years;  legislative  and  municipal  officials  are  elected  every  3 
years.  The  Constitution  bars  the  President  from  election  to  consecutive  terms.  Vot- 
ing is  by  secret  ballot. 

In  March  there  were  elections  for  all  84  national  Legislative  Assembly  seats  and 
all  262  municipal  governments.  Ten  political  parties  and  thousands  of  candidates, 
representing  the  full  political  spectrum,  campaigned  freely.  The  Government  did  not 
restrict  opposition  participation.  The  voting  procedure  was  without  major  flaws  and 
proceeded  peacefully  with  fair  access  to  polls  for  all  voters.  The  election  resulted  in 
significant  gains  for  the  FMLN  (the  principal  opposition  party)  in  the  legislature 
and  victories  in  many  of  the  largest  municipalities  (including  San  Salvador,  in 
which  a  FMLN  coalition  candidate  was  elected  mayor).  The  governing  ARENA  party 
lost  its  legislative  working  majority  and  important  mayoral  races.  The  next  two 
largest  opposition  legislative  parties  won  a  significant  bloc  of  seats,  leading  to  a  true 
multiparty  Assembly. 

There  are  no  laws  or  overt  practices  that  prevent  women  or  minorities  from  voting 
or  participating  in  the  political  and  governmental  systems.  Women  represented  50.6 
percent  of  the  registered  voters  for  the  March  election,  and  party  campaigns  and 
slates  reflected  a  strong  attention  to  this  vote.  Voters  elected  14  women  to  the  legis- 
lature (representing  about  17  percent  of  the  total  seats),  an  increase  from  the  pre- 
vious Assembly's  9.  However,  women  held  fewer  positions  on  the  Assembly's  govern- 
ing board  than  in  the  previous  legislature.  One  cabinet  minister  was  a  woman,  a 
woman  served  as  the  (jovemments  highly  visible  Human  Rights  Ombudsman,  and 


519 

a  woman  was  the  President's  cabinet-level  adviser  for  modernization.  Women  served 
on  tJie  Supreme  Court,  as  head  of  the  Social  Security  Institute,  and  in  a  substantial 
number  of  subministerial  positions. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Government  demonstrated  a  willingness  to  discuss  human  rights  issues  and 

{>roblem8  with  international,  local,  and  nongovernmental  organizations.  Numerous 
ocal  NGO's  operated  freely  as  did  various  international  human  rights  groups,  in- 
cluding migration  and  other  humanitarian  and  technical  assistance  groups.  Inter- 
national and  domestic  NGO's  were  required  to  register  with  the  Government  under 
the  terms  of  the  1996  NGO  Registration  Law  (see  Section  2.b.). 

The  Peace  Accords  specificauy  created  the  PDDH,  which  was  formally  established 
by  a  constitutional  amendment  that  defined  its  role.  The  PDDH's  investigative  ca- 
pacity remains  limited  due  to  resource  constraints.  Moreover,  the  PDDH  is  spread 
increasingly  thin  as  the  organization  sought  to  expand  its  scope  of  attention,  extend 
its  presence  throughout  the  countrv,  and  meet  increased  public  demand.  In  Decem- 
ber 1996,  the  Assembly  reduced  the  PDDH's  budget  allocation  by  10  percent,  but 
the  Ombudsman  and  the  PDDH  continued  to  be  active  on  all  human  rights  issues. 
In  July  a  University  of  Central  America  poll  indicated  that  the  PDDH  retained  the 
highest  level  of  public  trust  of  any  government  institution,  with  55  percent  of  the 
piiblic  reporting  confidence  in  the  PDDH. 

In  November  Human  Rights  Ombudsman  Victoria  de  Aviles  revealed  that  she  had 
received  death  threats  through  her  private  cellular  telephone.  Police  Chief  Rodrigo 
Avila  promised  to  enhance  existing  police  protection  and  begin  an  investigation  to 
find  out  who  was  making  the  calls. 

In  December  1996,  the  U.N.  General  Assembly  eliminated  the  position  of  Special 
Representative  of  the  Secretary  General  resident  in  El  Salvador  and  further  reduced 
the  U.N.'s  presence  to  a  small  support  unit.  In  late  July,  the  General  Assembly 
closed  this  support  unit,  while  confirming  that  the  U.N.'s  verification  responsibilities 
would  be  earned  out  from  its  headquarters.  These  resolutions  reflected  international 
acknowledgment  of  the  continued  progress  in  implementing  the  Peace  Accords.  The 
U.N.  Development  Program  office  continued  assistance  programs  with  the  police, 
the  judiciary,  and  the  PDDH. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  states  that  all  people  are  equal  before  the  law  and  prohibits  dis- 
crimination based  on  nationality,  race,  sex,  or  religion.  In  practice,  discrimination 
against  women,  indigenous  people,  and  the  disabled  occurs  in  salaries,  in  hiring, 
and  in  access  to  credit  and  education. 

Women. — Violence  against  women,  including  domestic  violence,  is  a  widespread 
and  serious  problem.  Once  a  taboo  social  subject,  it  is  being  increasingly  recognized 
publicly  and  has  become  a  topic  for  national  debate.  Government  institutions  such 
as  the  PDDH,  the  Attorney  General's  office,  the  Supreme  Court,  and  the  PNC  co- 
ordinate efforts  to  combat  family  violence.  The  National  Secretariat  for  the  Family 
maintains  a  hot  line  for  victims  to  report  domestic  abuse.  From  March  1996  to 
March  1997,  there  were  3,033  reported  cases  of  domestic  violence,  mostly  against 
women,  according  to  the  Salvadoran  Institute  for  the  Development  of  Women 
(ISDEMU).  The  Institute  of  Legal  Medicine,  using  different  criteria,  reported  545 
cases  from  January  to  August.  From  January  to  September,  the  Attorney  General's 
office  received  208  cases  of  mistreatment  of  women,  144  cases  of  threats  against 
women,  and  31  cases  of  wounding  of  women. 

The  authorities  believe  that  cases  of  domestic  violence  and  rape  are  underreported 
for  several  reasons:  Societal  and  cultural  pressures  against  the  victim,  a  fear  of  re- 

Erisal,  poor  handling  of  victims'  feelings  by  the  authorities,  fear  of  publicity,  and  the 
elief  that  cases  are  unlikely  to  be  resolved.  The  PDDH  noted  that  hundreds  of  do- 
mestic abuse  victims  who  underwent  psychotherapy  refused  to  report  their  cases 
formally.  Reports  of  sexual  abuse  of  women  continued  to  rise.  The  authorities  at- 
tribute some  of  this  statistical  increase  to  a  growing  willingness  of  victims  to  bring 
formal  charges. 

The  Attorney  General's  office  reported  221  cases  of  rape  and  18  cases  of  attempted 
rape  from  January  through  September.  Under  the  new  Criminad  Procedures  Code 
(to  take  effect  in  1998),  victim  testimony  will  be  admissible  evidence.  The  current 
codes  do  not  allow  victim  testimony.  As  the  victim  of  rape  is  often  the  only  witness, 
this  resulted  in  little  chance  for  conviction  in  rape  cases.  In  1996  the  Assembly  re- 
pealed an  old  law  that  exonerated  a  rapist  if  he  ofTered  to  marry  the  victim,  and 
she  accepted. 


45-909    98-18 


520 

The  Constitution  grants  women  and  men  the  same  legal  rights,  but  women  suffer 
discrimination.  The  1994  Family  Legal  Code  amended  laws  that  discriminated 
against  women,  especially  affecting  the  large  number  of  women  in  common  law  mar- 
nafes.  The  law  also  established  special  courts  to  resolve  family  disputes.  Several 
N(K)'s  are  engaged  in  promoting  women's  rights  and  have  conducted  several  rights 
awareness  campaigns. 

Women  suffered  from  economic  discrimination  and  in  practice  did  not  have  equal 
access  to  credit  and  land  ownership.  Women  were  often  paid  less  than  men  for  equal 
work.  Of  the  economically  active  female  population,  65  percent  woriced  in  the  infor- 
mal economy.  However,  women  made  up  90  percent  of  the  work  force  in  the  export 
processing  zone  companies,  which  are  the  lai^est  source  of  new  jobs  (see  Section 
6.b.).  Traming  for  women  was  generally  confined  to  low-wage  occupational  areas 
where  women  already  hold  most  positions,  such  as  teaching,  nursing,  home  indus- 
tries, or  small  businesses. 

Children. — Government  concern  for  children's  rights  and  welfare  was  reflected 
more  in  its  efforts  to  reduce  poverty  and  promote  family  stability  through  economic 
growth  than  in  direct  expenditure  on  children.  The  law  requires  education  through 
uie  ninth  grade,  and  while  there  was  progress  in  increasing  the  availability  of 
schooling  throughout  the  country,  compliance  with  legal  requirements  was  only  fea- 
sible in  the  country's  urban  centers. 

The  Government  worked  closely  through  state  institutions  and  with  the  United 
Nations  Children's  Fund  to  promote  protection  and  general  awareness  of  children's 
rights.  However,  children  continued  to  fall  victim  to  physical  and  sexual  abuse, 
abandonment,  exploitation,  and  neglect.  The  Salvadoran  Institute  for  the  Protection 
of  Children  (ISPM),  an  autonomous  entity,  is  responsible  for  protecting  and  promot- 
ing children's  rights.  The  ISPM  estimated  that  as  of  August  it  had  2,577  children 
in  its  shelters,  some  abandoned  and  others  victims  of  mistreatment.  Through  Au- 
gust, it  had  received  a  total  of  1,101  formal  complaints,  of  which  178  were  for  phys- 
ical mistreatment,  133  for  negligence,  and  123  for  abandonment.  Using  different  cri- 
teria, the  ISDEMU  reported  959  cases  of  child  abuse  for  the  period  March  1996 
through  March  1997.  between  Januaiy  and  September,  the  Attorney  General's  of- 
fice reported  54  formal  cases  of  child  abuse,  and  it  brought  61  cases  against  parents 
for  throwing  minors  out  of  the  house. 

There  were  no  reliable  estimates  of  the  number  of  children  living  on  their  own 
in  the  streets,  but  children's  advocates  agree  that  there  is  a  sizable  number.  Many 
of  these  were  involved  in  substance  abuse  (glue  and  paint  sniffing).  There  are  alle- 
gations from  children  rights  advocates  that  street  children  suffer  from  poUce  brutal- 
ity. The  PNC  denies  these  charges  but  has  accepted  PDDH  human  rights  training 
for  those  police  units  that  have  the  most  contact  with  juveniles.  The  PDDH  has  also 
called  for  the  creation  of  drug  treatment  centers  for  minors.  The  Supreme  Court 
found  unconstitutional  key  provisions  of  the  1996  Emergency  Law  against  Common 
and  Organized  Crime,  which  negated  parts  of  the  1995  Juvenile  Code  by  lowering 
the  age  of  majority  for  juvenile  oiienders  to  14  years. 

The  Institute  of"  Legal  Medicine  recorded  a  reduction  in  reports  of  sexual  abuse 
of  children  under  15  years  of  age,  with  235  reports  from  January  through  August, 
compared  with  301  for  the  same  period  in  1996  and  a  total  of  454  for  all  of  1996. 
The  Attorney  General's  office  registered  26  cases  of  child  rape  for  January  through 
September.  The  ISPM  reported  57  cases  of  sexual  abuse  for  January  through  Au- 
gust. According  to  the  PDDH,  over  85  percent  of  all  abuse  occurs  in  schools  and  at 
home,  and  only  a  small  percentage  of  these  cases  were  reported  to  the  authorities. 

The  PDDH  estimated  that  270,000  minors  work,  mostly  as  street  vendors.  Besides 
losing  their  opportunity  for  an  education,  these  children  often  fell  victim  to  sexual 
abuse  and  are  exploited  as  prostitutes.  The  PDDH,  NGO's,  and  the  media  mounted 
throughout  the  year  a  publicity  and  investigative  campaign  to  highlight  the  plight 
of  children. 

Infant  malnutrition  continued  to  be  a  problem.  Ministry  of  Health  figures  indi- 
cated that  50  percent  of  infants  under  the  age  of  5  had  some  nutritional  deficiency, 
and  11  percent  suffered  from  serious  malnutrition.  The  Government  has  a  national 
plan  for  infants  designed  to  increase  access  to  potable  water,  iodized  salt,  and  vita- 
mins, and  to  encourage  breast  feeding,  but  all  of  these  remain  problem  areas,  espe- 
cially among  the  rural  poor. 

People  With  Disabilities. — Except  for  the  war  wounded,  who  have  secured  both 
government  and  international  funding  for  rehabilitation  and  retraining  programs, 
the  Government  has  no  program  to  combat  discrimination  against  the  disabled. 
There  are  no  laws  mandating  provision  of  access  to  public  or  private  buildings  for 
people  with  disabilities.  The  (Government  has  not  enforced  a  1984  decree  stating 
that  1  of  every  500  employees  must  be  a  person  with  disabilities.  Access  by  the  dis- 
abled to  basic  education  was  limited  due  to  lack  of  facilities  and  appropriate  trans- 


521 

portation.  There  was  no  provision  of  state  services  for  the  physically  disabled.  Only 
a  few  of  the  Government  s  community-based  health  promoters  have  been  trained  to 
treat  the  disabled,  and  they  rarely  provided  such  service,  tending  rather  to  focus 
on  life-threatening  conditions  and  preventive  care  for  mothers  and  children.  The 
Ministry  of  Health  estimated  that  oetween  7  £ind  10  percent  of  the  population  is 
afilicted  by  some  form  of  disability.  In  December  the  National  Council  of  Disabled 
People  estimated  that  there  were  500,000  persons  with  disabilities,  of  which  12,500 
were  directly  attributed  to  the  civil  war.  Other  factors  contributing  to  the  large 
number  of  disabled  were  lack  of  prenatal  care,  misuse  of  pesticides  in  food  produc- 
tion, malnutrition,  auto  accidents,  and  criminal  violence. 

There  were  few  organizations  dedicated  to  protecting  and  promoting  the  rights  of 
people  with  disabilities.  Foreign  funds  for  badly  needed  rehabilitation  services  chan- 
neled through  the  Telethon  Foundation  Pro-Rehabilitation,  a  local  private  voluntary 
organization,  help  address  numerous  rehabilitation  issues  and  provided  alternatives 
for  the  education  and  rehabilitation  of  the  disabled  population.  A  semiautonomous 
institute,  the  Salvadoran  Rehabilitation  Institute  for  the  Disabled  (ISRI),  also  pro- 
vided assistance  to  the  disabled.  The  ISRI  offered  medical  treatment,  counseling, 
special  education  programs,  and  professional  training  courses.  Founded  in  1957,  the 
ISRI  has  10  centers  throughout  the  country  and  received  assistance  from  the  Gov- 
ernment and  national  and  international  private  and  nongovernmental  organizations. 

Indigenous  People. — El  Salvador  is  an  ethnically  homogeneous  country,  although 
a  very  small  segment  of  the  population  still  claims  indigenous  status.  The  Constitu- 
tion makes  no  specific  provisions  for  the  rights  of  indigenous  people. 

Esu"ly  in  the  century,  facing  active  repression,  most  indigenous  people  adopted 
local  customs  and  successfully  assimilated  into  the  general  population,  from  wnich 
they  are  generally  indistinguishable.  There  are  a  few  very  small  communities  whose 
members  still  wear  traditional  dress  and  maintain  traditional  customs  without  re- 
pression or  interference.  These  small  indigenous  groups  exist  in  the  poorest  parts 
of  the  rural  countryside  where  employment  opportunities  are  few  and  domestic  vio- 
lence is  a  problem.  Indigenous  people  reportedly  earned  less  than  other  agricultural 
laborers,  and  indigenous  women  in  particular  had  little  access  to  educational  and 
work  opportunities.  As  with  the  poor  rural  sector  in  general,  access  to  land  was  a 
growing  problem  confronting  indigenous  people.  Few  possessed  titles  to  land,  and 
bank  loans  and  other  forms  of  credit  were  extremely  limited. 

There  are  a  few  small  indigenous  associations.  One,  the  National  Association  of 
Indigenous  Salvadorans  (ANIS),  continues  to  be  involved  in  a  long-running  land  dis- 
pute with  a  neighboring  cooperative.  The  dispute  has  caused  division  within  the  or- 
ganization, evictions  of  ANIS  members  from  land,  and  exchanges  of  threats  with  the 
neighboring  group  and  among  rival  camps  within  ANIS.  The  ANIS  charged  that  the 
Government  was  targeting  indigenous  leaders  with  legal  harassment  and  threats. 
There  has  been  little  evidence  to  support  these  allegations. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  prohibits  the  Government  from 
using  nationality,  race,  sex,  creed,  or  political  philosophy  as  a  means  to  prevent 
workers  or  employers  from  organizing  themselves  into  unions  or  associations.  The 
military,  police,  and  government  workers  may  not  form  unions  (but  are  allowed  pro- 
fessional and  employee  organizations)  and  may  not  strike.  The  1994  Labor  Code 
streamlined  the  process  required  to  form  a  union  in  the  private  sector,  extending 
union  rights  to  agricultural,  independent,  and  small-business  workers,  and  extencf- 
ing  the  ri^t  to  strike  to  union  federations.  The  Labor  Code  prohibits  partisan  politi- 
cal activity  by  unions,  but  they  routinely  ignored  this  prohibition. 

There  were  approximately  150  active  unions,  public  employee  associations,  and 
peasant  organizations,  which  represent  over  300,000  citizens,  approximately  20  per- 
cent of  the  total  work  force.  Only  private  sector  workers  have  the  right  to  form 
unions  and  strike;  employees  of  autonomous  public  agencies  may  form  unions  but 
not  strike.  Nevertheless,  many  workers  including  those  in  the  public  sector  form  em- 
ployee associations  that  frequently  carried  out  strikes  that,  while  technically  illegal, 
were  treated  as  legitimate. 

Some  of  the  most  powerful  labor  groups  are  public  employee  associations,  which 
take  on  the  same  responsibilities  as  unions — including  calling  strikes  and  collective 
bai^aining.  Negotiations  between  public  employee  associations  and  the  Government 
generally  settled  public  sector  strikes,  although  the  Labor  Code  provides  for  manda- 
tor/ arbitration  of  public  sector  disputes. 

The  law  prohibits  antiunion  actions  before  a  union  is  legally  registered.  The  Labor 
Code  forbids  foreigners  from  holding  positions  in  unions. 

Unions  and  other  labor  organizations  freely  affiliated  with  international  labor  or- 
ganizations. 


522 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  and  the 
Labor  Code  provide  for  collective  bargaining  rights  but  only  to  employees  in  the  pri- 
vate sector  and  in  autonomous  government  agencies,  such  as  utilities  (currently  un- 
dergoing privatization)  and  the  port  authority.  However,  both  private  sector  unions 
(by  law)  and  public  sector  employee  associations  (in  practice)  used  collective  bar- 
gaining. 

The  Ministry  of  Labor  oversees  implementation  of  collective  bargaining  agree- 
ments and  acts  as  conciliator  in  labor  disputes  in  the  private  sector  and  autonomous 
government  institutions.  In  practice,  ministers  and  the  heads  of  autonomous  govern- 
ment institutions  often  negotiate  with  labor  organizations  directly,  relying  on  the 
Labor  Ministry  only  for  such  functions  as  ofUciaUy  certifying  unions.  Trie  Ministry 
often  seeks  to  conciliate  labor  disputes  throu^  informal  channels  rather  than  at- 
tempting to  enforce  regulations  strictly,  leading  to  charges  that  the  Ministry  is  bi- 
ased against  labor.  Corruption  continued  to  affect  labor  inspectors  and  courts,  but 
improvements  in  training  and  Ministry  of  Labor  pay  scales  began  to  address  this 
problem. 

The  Constitution  prohibits  discrimination  against  unions.  It  provides  that  union 
officials  at  the  time  of  their  election,  throughout  their  term,  and  for  1  year  following 
their  term  may  not  be  fired,  suspended  for  disciplinary  reasons,  removed,  or  de- 
moted except  wr  legal  cause.  Employers  generally  observed  this  provision  in  prac- 
tice, but  credible  reports  continued  of  employers  using  illegal  pressures,  including 
dismissing  labor  activists,  to  discourage  organizing.  The  law  requires  employers  to 
rehire  employees  fired  for  any  type  of  union  activity,  and  the  Labor  Ministry  has 
increased  efforts  to  enforce  this  requirement.  In  many  cases,  employees  chose  to 
take  a  cash  payment  in  lieu  of  returning  to  work. 

There  are  six  export  processing  zones  (EPZ's)  and  several  in-bond  plants  operating 
outside  of  these  zones.  There  are  no  special  labor  regulations  for  the  EPZ's.  During 
the  last  few  years,  most  EPZ  companies  and  a  large  portion  of  the  in-bond  plants 
have  accepted  the  provisions  of  voluntary  codes  oi  conduct  from  their  parent  cor- 
porations or  foreign  purchasers.  These  codes  included  worker  rights  protection 
clauses.  In  April  the  Salvadoran  Apparel  Industry  Association  announced  implemen- 
tation of  an  industrywide  code  of  conduct  with  worker  ri^ts  protection.  The  great 
majority  of  companies  in  the  EPZ's  provided  much  better  salaries  and  working  con- 
ditions than  those  offered  elsewhere  in  the  private  sector.  There  were  credible  re- 
eorts  that  some  factories  dismissed  union  organizers,  and  only  one  EPZ  company 
ad  an  active  plant  union.  Credible  accusations  jjersisted  that  some  maquila  fac- 
tories abused  their  workers,  as  well  as  reports  that  some  women  were  not  hired  be- 
cause they  were  pregnant.  Although  the  L^bor  Ministry  made  measurable  improve- 
ments in  its  efforts  to  increase  inspection  and  follow  up  on  such  complaints,  it  still 
had  insufficient  resources  to  properly  cover  all  the  EPZ's,  much  less  the  much  larger 
national  private  sector. 

The  Labor  Ministry  made  significant  progress  in  modernizing  its  facilities  and 
professionalizing  its  staff.  Although  under  1996  legislation  the  (jovemment  author- 
ized the  Ministry  of  Economy  to  withdraw  away  free  zone  privileges  from  companies 
that  violated  labor  regulations,  there  have  been  no  public  cases  where  this  has  been 
threatened.  There  is  also  a  tripartite  (government,  business,  and  labor)  commission, 
established  in  1996,  to  help  resolve  conflicts  in  EPZ  and  other  bonded  companies. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor,  except  in  the  case  of  calamity  and  other  instances  specified  by 
law.  This  provision  is  followed  in  practice.  Although  not  specifically  prol;iibited  by 
law,  forced  and  bonded  labor  by  children  are  covered  by  the  general  prohibition,  and 
there  were  no  reports  of  its  use  in  the  formal  sector.  However,  there  was  strong  evi- 
dence that  children  and  minors  have  been  forced  into  prostitution. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Con- 
stitution prohibits  the  employment  of  children  under  the  age  of  14.  The  law  does 
not  specifically  prohibit  forced  and  bonded  labor  of  children,  but  both  activities  are 
forbidden  in  general  (see  Section  6.c.).  Minors  may  receive  special  Labor  Ministry 
permission  to  work,  but  only  where  such  employment  is  absolutely  indispensable  to 
the  sustenance  of  the  minor  and  his  family.  This  is  most  often  the  case  with  chil- 
dren of  peasant  famihes  who  traditionally  work  during  planting  and  harvesting  sea- 
sons. Those  legal  workers  under  the  age  of  18  have  special  additional  rules  govern- 
ing conditions  of  work  (see  Section  6.e.). 

Orphans  and  children  from  poor  families  fre(]|uently  work  for  their  own  or  family 
survival  as  street  vendors  and  general  laborers  in  small  businesses,  especially  in  the 
informal  sector.  Children  in  these  circumstances  often  do  not  complete  compulsory 
schooling  through  the  ninth  grade  (up  to  the  age  of  14)  as  the  law  requires.  Child 
labor  is  not  usually  found  in  tne  industrial  sector  and  has  disappeared  in  the  EPZ's. 


523 

The  Ministry  of  Labor  is  responsible  for  enforcing  child  labor  laws  and  made  an 
effort  to  do  so.  However,  scarce  resources  and  the  alniculty  of  monitoring  the  large 
informal  sector  limited  its  effectiveness  outside  of  the  urban  formal  sector.  In  Au- 
gust the  Government  participated  in  the  establishment  of  the  National  Committee 
for  the  Eradication  of  Child  Labor  (CNETI).  The  CNETI  is  a  coordinating  body  with 
govemnMnt,  NGO,  and  private  sector  (labor  and  business)  representatives  that 
works  to  combat  child  labor. 

e.  Acceptable  Conditions  of  Work. — Effective  July  1995,  the  minimum  wage  was 
$4.40  (38.50  colones)  per  day  for  commercial,  industrial,  and  service  employees;  and 
$3.30  (28.60  colones),  plus  a  food  allowance,  f)er  day  for  agroindustrial  workers. 
However,  fbll-time  minimum  wage  employees  are  paid  by  law  a  full  7  days  (56 
hours)  for  the  44  hour  week  and  receive  an  average  of  1  month's  wage  a  year  in 
required  bonuses  plus  2  weeks  of  paid  vacation.  The  minimum  wage  with  benefits 
was  insufficient  to  provide  a  decent  standard  of  living  for  a  worker  and  family.  For 
the  third  year  in  a  row,  minimum  wages  did  not  keep  up  with  the  Ministry  of 
Economy's  estimate  of  the  increase  in  the  cost  of  living.  The  Labor  Ministry  is  re- 
sponsible for  enforcing  minimum  wage  laws  and  does  so  effectively  in  the  formal 
sector. 

The  law  limits  the  workday  to  6  hours  for  youths  between  14  and  18  years  of  age 
and  8  hours  for  adults,  and  it  mandates  premium  pay  for  longer  hours.  The  Labor 
Code  sets  a  maximum  normal  workweek  of  36  hours  for  youths  and  44  hours  for 
adults.  It  requires  bonus  pay  for  overtime  and  limits  the  workweek  to  no  more  than 
6  days  for  all  workers. 

The  Constitution  and  the  Labor  Code  require  employers,  including  the  Govern- 
ment, to  take  steps  to  ensure  that  employees  are  not  placed  at  risk  in  their  work- 
places. These  laws  prohibit  the  employment  of  persons  under  18  years  of  age,  and 
all  women,  in  occupations  considered  hazardous.  Nevertheless,  health  and  safety 
regulations  are  outaated,  and  enforcement,  while  improved,  was  inadequate.  Work- 
ers can  remove  themselves  from  dangerous  work  situations  without  jeopardizing 
their  employment  only  in  situations  where  they  can  present  a  medical  certificate  is- 
sued by  a  doctor  or  the  Social  Security  Institute  indicating  that  their  health  is  at 
risk  while  using  certain  equipment  or  substances.  The  Ministry  of  Labor  attempts 
to  enforce  the  applicable  regulations  and  has  devoted  resources  to  improving  the 
professional  training  of  its  staff  and  inspectors.  Increasingly,  its  investigations  lead 
to  fines  or  other  findings  favoring  workers.  The  Ministry  has  restricted  powers  and 
only  limited,  but  growing,  resources  to  enforce  compliance. 


GRENADA 

Grenada  is  a  parliamentary  democracy,  with  a  (Jovemor  General  as  titular  Head 
of  State.  In  June  1995  parliamentary  elections.  Prime  Minister  Dr.  Keith  Mitchell's 
New  National  Party  (NNP)  won  8  of  15  seats  and  formed  a  majority  government. 
The  elections  were  openly  and  fairly  contested,  and  were  free  of  violence.  The  judici- 
ary is  independent. 

The  750-member  Royal  Grenada  Police  Force  is  responsible  for  maintaining  law 
and  order.  It  is  controlled  by  and  responsive  to  civilian  authorities. 

Grenada  has  a  free  market  economy  based  upon  agriculture  and  tourism.  The  real 
economic  growth  rate  was  3  percent  for  1996,  and  the  projected  annual  growth  for 
1997  was  4  percent. 

Citizens  enjoy  a  wide  range  of  civil  and  political  rights.  Human  rights  problems 
included  allegations  of  police  brutality  in  the  course  of  criminal  investigations,  but 
there  were  no  judicially  confirmed  cases.  The  Commissioner  of  Police  has  spoken  out 
strongly  against  police  use  of  unlawful  force.  Violence  against  women  is  common. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices,  and  there  were  no  reported  incidents  of 
torture.  Flogging,  a  legal  form  of  punishment,  is  rare  but  has  been  used  in  sex  crime 
and  theft  cases. 

The  press  occasionally  reported  claims  of  police  brutality,  some  of  which  arose  fol- 
lowing the  complainants'  alleged  attempts  to  resist  arrest.  Allegations  of  police  bru- 


524 

tality  are  investigated  internally  by  the  police,  with  no  disciplinary  actions  reported 
for  1997.  No  one  Drought  a  case  of  police  brutsdity  before  the  courts  during  the  year. 
The  Police  Commissioner  can  discipline  officers  in  valid  cases  of  brutality  with  pen- 
alties that  may  include  dismissal  from  the  force.  The  Police  Commissioner  has  spo- 
ken out  strongly  against  police  use  of  unlawful  force. 

Prison  conditions  meet  minimum  international  standards,  and  the  Grovemment 
permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  provides  the  police  with  the 
right  to  detain  persons  on  suspicion  without  a  warrant,  but  they  must  bring  formal 
charges  within  48  hours.  The  police  adhered  to  this  time  limit  in  practice.  If  the 
police  do  not  charge  a  detainee  within  48  hours,  they  must  release  the  person. 

The  law  provides  for  a  judicial  determination  of  the  legality  of  detention  within 
15  days  after  arrest  on  a  criminal  charge.  The  police  must  formally  arraign  or  re- 
lease a  detained  person  within  60  days,  and  the  authorities  generally  followed  these 
procedures.  There  is  a  functioning  system  of  bail,  although  persons  charged  with 
capital  offenses  are  not  eligible.  Persons  charged  with  treason  may  be  accorded  bail 
only  upon  recommendation  of  the  Governor  General. 

Exile  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary,  a  part  of  the  Eastern  Caribbean 
legal  system,  is  highly  regarded  and  independent.  Final  appeal  may  be  made  to  the 
Privy  Council  in  the  United  Kingdom.  There  are  no  military  or  political  courts. 
Those  arrested  on  criminal  charges  are  brought  before  a  judge  to  determine  whether 
there  is  sufficient  evidence  to  substantiate  the  charges;  if  there  is,  the  judge  re- 
mands the  defendant  for  trial. 

The  law  provides  for  the  right  to  a  fair  public  trial,  and  the  authorities  observe 
it  in  practice.  There  is  a  presumption  of  innocence,  and  the  law  protects  persons 
against  self-incrimination  and  requires  the  police  to  explain  a  person's  rights  upon 
arrest.  The  accused  has  the  right  to  remain  silent  and  to  seek  the  advice  of  legal 
counsel.  A  defense  lawyer  has  the  right  to  be  present  during  interrogation  and  may 
advise  the  accused  how  to  respond  or  not  to  respond  to  questions.  The  accused  has 
the  right  to  confront  his  accuser. 

The  court  appoints  attorneys  for  indigents  only  in  cases  of  murder  or  other  capital 
crimes.  In  other  criminal  cases  that  reach  the  appellate  stage,  the  court  will  simi- 
larly appoint  a  lawyer  to  represent  the  accused  if  the  defendant  was  not  previously 
represented  or  reappoint  earlier  counsel  if  the  appellant  can  no  longer  afford  that 
lawyer's  services.  Due  to  the  backlog  of  cases  caused  by  a  shortage  of  judges  and 
facilities,  up  to  6  months  can  pass  before  those  charged  with  serious  offenses  face 
trial  in  the  high  court.  With  the  exception  of  persons  charged  with  murder  and  for- 
eign-bom drug  suspects,  the  courts  grant  most  defendants  oail  while  awaiting  trial. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  protection  from  these  abuses,  and  there  were  no  reports 
of  such  actions.  The  law  generally  requires  judicially  issued  warrants  for  searching 
homes,  except  in  cases  of  hot  pursuit.  The  Firearms  Act  of  1968  and  the  Drug  Abuse 
Prevention  Act  Number  7  of  1992  contain  other  exceptions  that  ^ve  the  pouce  and 
security  units  legal  authority  to  search  persons  and  property  without  warrants  in 
certain  circumstances.  In  practice,  police  obtain  warrants  in  the  majority  of  cases 
before  conducting  any  search. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  the  Government  does  not  restrict  these  rights.  There  are  four 
weekly  newspapers  and  several  newspapers  which  publish  irregularly.  One  of  the 
weeklies  is  affiliated  with  an  opposition  political  party,  but  the  three  most  widely 
circulated  newspapers  are  independent  and  often  critical  of  the  Government.  The 
newspapers  routinely  carry  press  releases  by  the  opposition  parties,  including  regu- 
lar weekly  columns  expressing  the  opposition  parties'  views. 

Grenada  has  four  radio  stations.  The  main  station  is  part  of  the  Grenadian  Broad- 
casting Corporation  (GBC),  a  statutory  body  not  under  direct  government  control. 
The  principal  television  station  is  also  part  of  the  GBC.  A  privately  owned  television 
station  began  broadcasting  in  1992,  when  a  cable  company  began  operating  in  the 
capital  area  with  plans  to  expand  eventually  throughout  the  country.  Throughout 
the  year,  the  television  news  often  carried  reports  on  opposition  activities,  including 
coverage  of  political  rallies  held  by  various  political  parties  and  candidates,  public 
forums  featuring  political  leaders  of  each  of  tne  major  parties,  and  other  public  serv- 
ice broadcasts.  The  Government  granted  several  new  licenses  for  radio  stations  dur- 
ing the  year.  A  direct  satellite  broadcast  subscription  television  service  was  to  be 
introduced  at  the  end  of  the  year. 


525 

The  Government  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  to  assemble  for  any  peaceful  purpose.  Supporters  of  political  parties  meet 
frequently  and  hold  public  rallies;  the  authorities  require  permits  for  the  use  of  a 
public  address  system  but  not  for  public  meetings  themselves. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^The  Constitution  provides  for  freedom  of  movement  within  the  country, 
and  all  citizens  have  the  right  to  enter  and  leave  the  country,  except  in  special  cir- 
cumstances as  outlined  in  and  limited  by  the  1986  Act  to  Restrict  the  Freedom  of 
Movement  of  Certain  Persons.  This  law  allows  the  Minister  for  National  Security 
to  restrict  travel  out  of  the  country  by  any  person  whose  aims,  tendencies,  or  objec- 
tives include  the  overthrow  of  the  democratic  and  parliamentary  system  of  govern- 
ment; it  has  not  been  invoked  in  the  past  few  years.  Anyone  so  restricted  may  ap- 
peal after  3  months  to  an  independent  and  impartial  tribunal.  The  Chief  Justice  ap- 
points an  accredited  lawyer  to  preside  over  such  a  tribunal. 

No  formal  government  policy  toward  refugee  or  asylum  requests  exists.  The  issue 
of  provision  of  first  asylum  did  not  arise.  There  were  no  reports  of  forced  expulsion 
of  anyone  having  a  valid  claim  to  refugee  status;  however,  government  practice  re- 
mains undefined! 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage.  The  next  parliamentary  elections 
must  be  held  by  October  2000. 

There  are  no  restrictions  in  law  or  practice  on  participation  by  women  in  govern- 
ment and  politics.  Three  of  the  15  elected  members  of  Parliament  are  women,  as 
well  as  1  of  the  13  appointed  Senators  (who  also  serves  as  Deputy  President  of  the 
Senate).  Women  account  for  6  of  the  12  permanent  secretaries,  the  highest  civil 
service  position  in  each  ministry;  in  addition,  a  woman  is  the  Cabinet  Secretary,  the 
highest  civil  service  position  in  the  Government. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Local  human  rights  groups  operate  without  government  restriction,  and  the  Gov- 
ernment cooperates  with  visits  from  international  human  rights  organizations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  upon  race,  place  of  origin,  politi- 
cal opinions,  color,  creed,  or  sex,  and  the  Government  generally  adheres  to  these 
provisions. 

Women. — Knowledgeable  women's  rights  monitors  report  that  violence  against 
women  is  conumon  and  that  most  cases  of  spousal  abuse  go  unreported.  The  police 
confirm  that  most  cases  of  alleged  abuse  are  not  reported  and  others  are  settled  out 
of  court.  The  law  stipulates  a  sentence  of  15  years'  imprisonment  for  a  conviction 
of  rape.  Sentences  for  assault  against  a  spouse  vary  according  to  the  severity  of  the 
incident.  There  is  no  evidence  of  official  discrimination  in  health  care,  employment, 
or  education.  Women  frequently  earn  less  than  men  performing  the  same  work;  such 
wage  differences  are  less  marked  for  the  more  highly  paid  jobs. 

Children. — The  Social  Welfare  Division  within  the  Ministry  of  Labor  provides  pro- 
bationary and  rehabiHtative  services  to  youths,  day  care  services  and  social  work 
firograms  to  families,  assistance  to  families  wishing  to  adopt  or  foster  children,  and 
inancial  assistance  to  the  three  children's  homes  run  by  private  organizations. 

Government  social  service  agencies  reported  an  increase  in  the  number  of  child 
abuse  cases,  including  sexual  abuse.  The  law  provides  for  harsh  penalties  against 
those  convicted  of  child  abuse  and  disallows  the  victim's  alleged  "consent"  as  a  de- 
fense in  cases  of  incest.  Women's  organizations  and  and  other  nongovernmental  or- 
ganizations increased  their  public  awareness  efforts  to  recognize  and  combat  sexual 
abuse  of  women  and  children. 

People  With  Disabilities. — The  law  does  not  protect  job  seekers  with  disabilities 
from  discrimination  in  employment,  nor  does  it  mandate  provision  of  accessibility 
for  public  buildings  or  services.  The  National  Council  for  the  Disabled,  which  re- 
ceives a  small  amount  of  financial  assistance  from  the  Government,  was  instrumen- 
tal in  placing  visually  impaired  students  into  community  schools,  which  were  pre- 
viously reluctant  to  accept  them  in  some  cases.  The  Council  also  approached  archi- 


526 

tects  to  assist  in  construction  of  ramps  at  various  hotels  and  public  buildings,  and 
ramps  have  already  been  installed  at  some  hotels. 

Section  6.  Worker  Rights 

a.  TVic  Right  of  Association. — All  workers  are  free  to  organize  independent  labor 
unions.  Later  Rlinistry  ofilcials  estimate  that  the  share  of  the  work  force  that  is 
unionized  is  between  20  and  25  percent.  Union  leaders  play  a  significant  role  in  the 

Political  process,  and  one  labor  leader  serves  in  the  Senate  on  behalf  of  the  Grenada 
rades  Union  Council  (GTUC). 

Workers  in  the  private  and  public  sectors  are  free  to  strike,  once  legal  and  proce- 
dural requirements  are  met.  There  were  several  incidents  of  industrial  action,  in- 
cluding strikes,  but  all  were  short-lived  and  settled  with  the  intervention  of  the 
Labor  Commission,  the  Minister  of  Labor  or  the  Industrial  Court.  All  unions  are 
technically  free  of  government  control,  and  none  receive  government  financial  sup- 
port. However,  all  the  major  unions  belong  to  one  umbrella  labor  federation,  the 
GTUC,  which  is  subsidized  by  the  Government.  The  GTUC  holds  annual  conven- 
tions and  determines  some  policies  for  member  unions. 

The  GTUC  and  its  unions  freely  affiliate  with  regional  and  international  trade 
union  groups. 

b.  The  Ri^ht  to  Organize  and  Bargain  Collectively. — Workers  are  free  to  organize 
and  to  participate  in  collective  bargaining.  Legislation  requires  employers  to  recog- 
nize a  union  that  represents  the  majority  of  workers  in  a  particular  business.  The 
law  prohibits  discrimination  by  employers  against  union  members  and  organizers. 
If  a  complaint  of  discrimination  arises,  mechanisms  exist  to  resolve  it.  After  all  ave- 
nues for  resolving  a  complaint  have  been  exhausted  between  union  representatives 
and  employers,  both  sides  may  agree  to  ask  for  the  assistance  of  the  Labor  Commis- 
sioner. If  the  Labor  Commissioner  is  unable  to  find  a  resolution  to  the  impasse,  the 
Minister  of  Labor  intervenes  and,  if  unable  to  reach  an  agreement,  may  appoint  an 
arbitration  tribunal  if  both  parties  agree  to  abide  by  its  ruling.  The  law  requires 
employers  found  guilty  of  antiunion  discrimination  to  rehire  dismissed  employees, 
but  in  most  cases  the  employee  accepts  the  option  of  compensation.  There  were  no 
cases  of  antiunion  discrimination  reported  to  the  Ministry  in  1997. 

Unions  may  organize  and  bargain  anywhere  in  the  country,  including,  in  theory, 
export  processing  zones  (EPZ's),  which  are  not  exempted  from  labor  legislation. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  specifically  pro- 
hibits forced  labor,  including  that  of  children,  and  there  were  no  reports  of  it. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Child 
labor,  including  forced  or  bonded  labor,  is  illegal  and  does  not  occur  (see  Section 
6.C.).  The  statutory  minimum  age  for  employment  of  children  is  18  years.  Inspectors 
from  the  Ministry  of  Labor  enforce  this  provision  in  the  formal  sector  by  periodic 
checks.  Enforcement  efibrts  in  the  informal  sector  are  lax. 

e.  Acceptable  Conditions  of  Work. — Legislation  sets  minimum  daily  wage  rates  for 
the  agricultural,  industrial,  and  commercial  sectors.  Most  recently  revised  in  1994, 
minimum  wages  for  farm  laborers  are  $5.73  (EC$15.48)  per  day  for  men  and  $5.33 
(EC$14.40)  for  women.  Most  workers,  including  nonunionized  ones,  receive  other 
benefits  from  their  employers  throu^  the  collective  bargaining  agreements  reached 
with  that  firm's  unionized  workers.  Even  when  these  benefits  are  added  to  wages 
from  a  fiill-time  minimum  wage  job,  it  is  insufficient  to  provide  a  decent  standard 
of  living  for  a  worker  and  family. 

The  law  does  not  prescribe  a  set  number  of  hours  as  the  standard  workweek,  ex- 
cept for  the  public  sector  which  is  expected  to  work  a  40-hour  week  Monday  through 
Friday.  The  normal  workweek  in  all  sectors  seldom  exceeds  40  hours,  although  in 
the  commercial  sector  this  includes  Saturday  morning  work. 

The  Government  sets  health  and  safety  standards,  but  they  are  minimal,  and  the 
authorities  do  not  effectively  enforce  them.  Workers  can  remove  themselves  from 
dangerous  workplace  situations  without  jeopardy  to  continued  employment. 


GUATEMALA 

Guatemala  is  a  democratic  republic  with  separation  of  government  powers  and  a 
centralized  national  administration.  The  1985  Constitution  provides  for  election  by 
universal  suffrage  of  a  one-term  president  and  a  unicameral  congi^ess.  It  also  man- 
dates a  Human  Rights  Ombudsman  (PDH),  who  is  elected  by  and  reports  to  the 
Congress.  In  the  November  1995  elections  for  president,  vice  president,  congress, 
and  municipal  offices,  the  National  Advancement  Party  (PAN)  won  42  of  the  80  con- 
gressional seats;  however,  no  presidential  candidate  received  an  absolute  majority 


527 

of  the  votes.  Alvaro  Arzu  Irigoyen  of  the  PAN  won  the  runoff  presidential  election 
and  took  office  in  January  1996.  Reflecting  a  greater  opening  for  political  activity, 
24  parties,  including  a  broad  front  coalition  composed  of  civic,  human  rights,  and 
labor  leaders,  campaigned  in  the  free  and  fair  elections.  The  judiciary  is  independ- 
ent, but  suffers  from  inefficiency  and  corruption. 

The  Arzu  administration  ended  36  years  of  internal  conflict  by  siting  a  com- 
prehensive peace  agreement  with  the  Guatemalan  National  Revolutionary  Unity 
(URNG)  guerrillas  on  December  29,  1996.  Implementation  of  the  Peace  Accords 
began  almost  immediately:  Demobilization  of  the  URNG  guerrillas  was  completed 
in  May,  the  Mobile  Military  Police  (PMA)  were  disbandea  ahead  of  schedule,  and 
the  Government  reduced  the  size  of  the  military  forces.  As  called  for  in  the  accords, 
the  Government  proposed  and  Congress  enacted  a  wide-ranging  series  of  legal  re- 
forms to  protect  numan  rights,  strengthen  civiUan  control  of  the  military,  address 
discrimination  against  the  indigenous  population,  and  lay  the  groundwork  for  fur- 
ther pohtical  and  socioeconomic  reforms.  In  the  wtike  of  the  final  Peace  Accords,  the 
manoate  of  the  U.N.  Human  Rights  Verification  Mission  (MINUGUA),  estabUshed 
in  November  1994  to  monitor  compliance  with  the  Government-URNG  human  rights 
accord,  was  expanded  to  include  peace  implementation  issues.  The  December  1996 
National  Reconciliation  Law,  which  provided  amnesty  for  some  acts  related  to  the 
internal  conflict,  has  been  narrowly  interpreted  by  the  courts  and  its  constitutional- 
ity was  upheld  on  October  8. 

The  Minister  of  Government  oversees  the  National  CiviUan  Police  (PNC)  created 
in  January  under  the  terms  of  the  Peace  Accords,  which  has  sole  responsibility  for 
internal  security.  There  are  no  active  members  of  the  military  in  the  police  com- 
mand structure,  but  President  Arzu  ordered  the  army  to  support  the  police  in  re- 
sponse to  public  concern  about  a  nationwide  wave  of  violent  crime.  The  Presidential 
Military  Staff  (EMP)  continued  to  exercise  a  law-enforcement  role.  Some  members 
of  the  police  and  security  forces  committed  human  rights  violations. 

TTie  agricultural-based,  private  sector-oriented  economy  grew  by  approximately 
5.0  percent  in  real  terms.  Coffee,  sugar,  and  bananas  are  the  leading  exports,  and 
more  than  half  the  work  force  is  engaged  in  agriculture.  Inflation  was  about  9  per- 
cent in  1996.  There  is  a  marked  disparity  in  income  distribution,  and  poverty  is  per- 
vasive, particularly  in  the  large  indigenous  community.  According  to  U.N.  statistics, 
approximately  80  percent  of  the  citizens  live  in  poverty,  with  59  percent  in  extreme 
poverty.  Per  capita  gross  national  product  was  approximately  $1,450  in  1996. 

The  significant  improvement  in  the  overall  human  rights  situation  under  the  Arzu 
administration  continued.  In  contrast  to  past  years,  there  was  a  marked  decline  in 
new  cases  of  human  rights  abuses,  but  problems  remain  in  some  areas.  Positive  po- 
litical developments  and  the  reduction  of  the  size  of  the  security  forces,  stemming 
from  successful  implementation  of  the  Peace  Accords,  were  major  factors  in  these 
changes.  Nevertheless,  members  of  the  security  forces  were  irnplicated  in  some 
extrajudicial  killings  and  mistreated  suspects  and  detainees.  MINUGUA  and  other 
human  rights  monitors  accused  the  EMP  of  serious  human  rights  abuses,  including 
at  least  one  forced  disappearance.  Prison  conditions  remain  harsh.  Arbitrary  arrest 
and  detention,  and  lengthy  pretrial  detention,  remain  problems.  Efforts  to  reform 
the  police  and  judicieiry  continued  in  an  attempt  to  eliminate  the  climate  of  inipu- 
nity,  and  the  Government  initiated  some  prosecutions  of  human  rights  abusers.  The 
failure  to  resolve  past  serious  human  rights  abuses  remains  a  major  problem.  With 
judges  and  other  law  enforcement  officials  subject  to  intimidation  and  corruption, 
the  inefficient  judicial  system  is  often  unable  to  ensure  fair  trials  and  due  process. 
Elements  of  the  security  forces  infringed  on  citizens'  privacy  rights.  Discrimination 
and  violence  against  women  persisted,  as  did  societal  abuse  of  children  and  discrimi- 
nation against  the  disabled  and  indigenous  people.  Lynchings  and  mob  attacks  con- 
tinued, and  the  Government  was  unable  to  prosecute  the  perpetrators. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  isolated  allegations  of 
politically  motivated  killings  during  the  year;  however,  none  of  these  were  con- 
urmed. 

The  number  of  extrajudicial  killings  continued  to  decline  and  the  nature  of  viola- 
tions changed.  In  contrast  with  the  past,  government  security  forces  no  longer  car- 
ried out  campaigns  that  resulted  in  numerous  extrajudicial  killings.  Nevertheless, 
members  of  the  security  forces  were  implicated  in  some  extrajudicial  killings  and 
other  abuses.  Victims  and  their  families  no  longer  feared  to  speak  out,  and  the  Gov- 
ernment demonstrated  a  willingness  to  arrest  and  prosecute  those  responsible.  How- 
ever, the  scarcity  of  law  enforcement  resources  and  a  weak  prosecutorial  and  judi- 


528 

cial  system  prevented  the  Government  from  adequately  investigating  many  killings 
or  other  crimes  or  arresting  and  prosecuting  perpetrators. 

The  PDH's  office,  which  generally  compiles  data  based  on  personal  interviews 
with  victims  and  their  families,  listed  66  cases  of  possible  extrajudicial  killings  in 
the  first  6  months  of  the  year,  compared  with  173  in  all  of  1996,  and  216  in  1995. 
Using  media  reports  and  interviews  with  victims  and  their  relatives,  the  Arch- 
bishop's Human  Rights  ORice  (ODHAG)  compiled  118  reports  of  extrajudicial 
killings  during  the  year,  only  9  of  which  were  confirmed,  compared  with  120  in  all 
of  1996.  MINUGUA  listed  40  complaints  of  extrajudicial  killings  during  the  year 
and  confirmed  40  cases,  but  many  of  those  confirmed  were  from  1996. 

The  final  p>eace  accord  signed  in  December  1996  codified  a  cease-fire  in  effect  since 
March  of  that  year.  By  March  the  URNG  guerrillas  had  peacefully  assembled  in  de- 
mobilization camps,  and  by  May  they  had  relinquished  their  weapons.  The  military 
undertook  a  thorough  restructuring  and  closed  a  number  of  military  bases  in  the 
interior  of  the  country.  It  had  ceased  counter-insurgency  operations  early  in  1996. 
The  signing  of  the  Peace  Accords  and  the  Government's  success  in  disbanding  the 
PMA  and  disarming  and  disbanding  the  Civilian  Defense  Patrols  (PAC's),  which 
supported  and  supplemented  the  army  during  the  years  of  conflict,  helped  create  a 
more  favorable  human  rights  climate. 

The  Government  and  human  rights  groups  pressed  charges  against  a  number  of 
former  PAG  members  and  military  commissioners  for  crimes  committed  during  the 
internal  conflict.  In  a  significant  departure  from  past  practice,  a  court  convicted  a 
military  commissioner  of  murder  in  September  for  a  1994  killing.  (Military  Commis- 
sioners, formally  decommissioned  on  September  15,  1995,  were  generally  local  civil- 
ian leaders  who  represented  the  army,  serving  as  intermediaries  with  PAC  mem- 
bers.) In  a  sign  of  changing  public  attitudes,  the  outcry  following  the  acquittal  of 
former  military  commissioner  Candido  Noriega  of  158  criminal  charges — mostly  for 
crimes  committed  in  the  early  1980's — led  to  the  suspension  of  the  presiding  judge 
and  a  successful  motion  for  a  new  trial. 

Nonetheless,  intimidation  of  witnesses  continued  to  be  a  problem.  For  example, 
the  chief  prosecutor  announced  in  September  that  he  had  received  death  threats 
similar  to  those  directed  against  the  prosecutor  and  the  investigative  team  in  the 
case  of  Alfredo  Moreno,  accused  head  of  a  customs  fraud  network.  The  team  in 
charge  of  the  investigation  kept  the  witness  list  confidential,  provided  protection  for 
witnesses  since  the  investigation  began,  and  arranged  possible  future  asylum  for 
some  of  them  who  are  expected  to  provide  sensitive  testimony.  Nonetheless,  family 
members  assert  that  a  murdered  customs  agent,  as  well  as  four  other  persons,  were 
killed  to  prevent  their  testimony.  It  is  not  clear,  however,  that  any  of  those  were 
planned  witnesses.  In  another  instance,  on  October  8,  unknown  assailants  shot  and 
killed  Edgar  Estuardo  Motta  Gonzalez  in  front  of  his  house.  Motta  had  testified  that 
three  policemen  had  kidnaped  and  shot  him  and  a  friend  and  left  them  for  dead 
in  February  1995.  The  friend  died;  the  court  found  the  police  officers  guilty  and  sen- 
tenced them  to  death.  Motta  had  been  provided  witness  protection  Tor  some  time, 
but  it  was  dropped  after  the  conviction  when  threats  appeared  to  have  passed. 

Popular  frustration  with  the  inability  of  the  Government  to  control  crime,  and  of 
the  courts  to  assure  speedy  justice,  contributed  to  lynchings  and  mob  attacks 
throughout  the  year.  Statistics  are  not  available,  but  reliable  sources  estimate  that 
about  90  people  were  lynched  during  the  year,  about  45  of  whom  were  killed  by 
mobs,  for  alleged  crimes  ranging  from  murder  to  petty  theft.  There  was  no  evidence 
that  these  mobs  were  incited  for  political  reasons.  Most  of  the  attacks  took  place 
in  rural  areas.  The  police,  sometimes  with  the  assistance  of  the  militarv  or  volun- 
teer firemen,  were  often  successful  in  rescuing  victims  of  mob  attacks.  The  Govern- 
ment opened  prosecutions  against  the  instigators  of  a  few  of  these  attacks. 

On  October  28,  former  Minister  of  Government  Danilo  Parrinello  Blanco,  former 
Vice-Minister  of  Government  Mario  Alfredo  Merida  Gonzalez,  and  former  police 
chief  Salvador  Figueroa,  who  were  sentenced  in  July  to  10  years  in  prison  for  the 
1994  death  of  Umversity  of  San  Carlos  student  demonstrator  Mario  Alioto  Sanchez, 
were  absolved  of  homicide  charges  on  appeal.  In  a  controversial  ruling,  a  lower  court 
had  found  the  three  guilty,  given  their  places  in  the  chain  of  command,  of  issuing 
orders  to  the  police  to  use  force  if  necessary  to  maintain  order.  The  appeals  court 
found  that  the  verdict  violated  the  Constitution  and  cited  laws  granting  protection 
to  government  officials  taking  measures  to  preserve  public  order.  The  appeals  court 
also  absolved  a  policeman  sentenced  to  10  years  in  the  July  verdict  and  reduced 
charges  against  Carlos  Venancio  Escobar  Fernandez,  the  policeman  who  shot 
Sanchez,  from  first  degree  murder  to  unintentional  homicide;  nis  sentence  was  cut 
from  30  years  to  10.  Police  officers  accused  of  lesser  charges  against  other  students 
were  also  absolved. 


529 

On  November  21,  former  PAC  member  Juan  Acabal  Pazan  was  convicted  and  sen- 
tenced to  30  years  in  prison  for  his  role  in  the  1993  murder  of  newspaper  publisher 
and  former  presidential  candidate  Jorge  Carpio  and  three  others.  The  court  also 
convicted  Acabal  of  two  other  1993  murders  unrelated  to  the  Carpio  case.  (The  30- 
year  sentence  is  for  all  six  murders  for  which  Acabal  was  found  guilty.)  Charges  in 
the  Carpio  case  remain  pending  against  six  other  former  PAC  members,  all  of  whom 
were  allegedly  part  of  a  gang;  all  remained  at  large  at  year's  end. 

There  have  been  about  100  cemeteries  exhumed  in  the  past  5  years.  Most  of  the 
bodies  recovered  have  been  those  of  victims  of  military  or  paramilitsiry  killings  in 
areas  like  Rabinal,  Las  Dos  Erres,  and  Panzos.  Forensics  groups  are  using  the  infor- 
mation obtained  from  the  exhumations  to  verify  eyewitness  rejjorts  of  massacres 
and  to  determine  at  least  in  general  who  might  have  been  responsible.  The  evidence 
may  be  used  in  some  criminal  cases  and  in  the  report  of  the  recently  formed  Histori- 
cal Clarification  Commission  (CEH — see  Section  4).  The  ODHAG's  Forensic  Anthro- 
pology Unit  exhumed  a  burial  site  at  Chacalte  at  the  CEITs  request.  The  unit  found 
almost  200  victims  of  a  guerrilla  massacre,  most  of  them  women  and  children,  and 
most  decapitated.  A  few  survivors  reported  that  the  guerrillas  took  several  hours 
to  kill  the  populace  of  Chacalte  and  didn't  want  the  noise  of  bullets  to  scare  others 
away  before  the  patrol  could  finish.  No  case  based  on  evidence  from  an  exhumation 
has  yet  been  brought  to  court.  The  1982  military  massacre  at  Las  Dos  Erres  is  ex- 
pected to  be  the  first  case;  it  was  still  under  investigation  at  year's  end. 

Judicial  proceedings  continued  in  the  case  of  the  October  1995  killing  of  11  re- 
turned refugees  at  the  Xaman  ranch  in  Alta  Verapaz  by  an  army  patrol.  In  January 
1996,  the  Constitutional  Court  upheld  the  constitutionality  of  a  statute  defining 
extrajudicial  killing.  Hearings  on  procedural  questions  have  been  exhausted  and  the 
trial  was  expected  to  proceed  in  early  1998.  The  24  soldiers  accused  in  the  case  re- 
mained in  jail  pending  trial. 

In  September  a  court  sentenced  former  military  commissioner  Armando  Tucubal 
to  20  years  in  prison  with  no  parole  for  the  1994  murder  of  evangelical  minister 
Pascual  Serech  in  Chimaltenango.  It  acquitted  Paula  Car  Tibio,  also  accused  in  the 
Serech  killing.  Victor  Roman,  an  alleged  collaborator  with  Tucubal  and  also  the  ac- 
cused perpetrator  of  the  1995  murder  of  evangelical  pastor  Manuel  Saquic,  re- 
mained at  large  despite  an  order  for  his  capture  and  an  offer  of  a  reward. 

In  August  tne  authorities  reactivated  the  case  of  the  1994  murder  of  Constitu- 
tional Court  president  Epaminondas  Gonzalez  Dubon.  A  lower  court  raised  the 
charges  against  Marlon  Oliver  Salazar  Lopez  and  Roberto  Antonio  Trabanino 
Vargas  from  homicide  to  first  degree  murder,  a  third  person  accused  in  the  case, 
Mano  Rene  Salazar  Lopez,  brother  of  Marlon,  remained  at  large. 

The  August  1994  killing  of  three  workers  at  the  La  Exacta  farm  remained  under 
investigation  at  year's  end.  Although  the  criminal  case  has  stalled,  negotiations  are 
continuing  with  the  Center  for  Legal  Assistance  in  Human  Rights  acting  as  the 
community's  representative  in  discussions  with  the  Government,  through  the  Presi- 
dent's Human  Rights  Commission  (COPREDEH).  The  parties  are  in  the  process  of 
amicable  settlement  procedures  under  the  auspices  of  the  Inter-American  Commis- 
sion on  Human  Rights  (lACHR).  Charges  are  still  pending  in  the  labor  court,  and 
a  criminal  case  is  still  possible. 

A  trial  was  expected  to  begin  in  early  1998  in  the  case  against  three  miHtary  offi- 
cers accused  of  ordering  the  1990  murder  of  anthropologist  Myma  Mack.  In  October 
1996,  the  Supreme  Court  had  ruled  that  the  three  officers  would  face  trial  under 
the  previous  Criminal  Procedures  Code,  which  severely  limited  the  evidence  against 
them,  and  that  an  earlier  investigation  of  their  complicity  conducted  by  the  prosecu- 
tion was  inadmissable.  The  Constitutional  Court  overturned  that  decision  in  August; 
the  trial  is  to  proceed  under  the  new  Criminal  Procedures  Code,  which  allows  oral 
testimony,  and  with  new  evidence  from  the  prosecution's  investigation. 

The  Government  announced  in  February  that  it  had  reached  a  settlement  with 
the  plaintiffs  before  the  lACHR  in  the  case  of  the  murder  of  anti-PAC  demonstrator 
Juan  Chanay  Pablo.  The  criminal  case  against  the  PAC  members  accused  of  killing 
Chanay  in  Colotenango  during  a  demonstration  in  August  1993  remained  before  the 
courts,  having  been  remanded  for  a  retrial  by  an  appellate  court. 

The  authorities  arrested  a  former  PAC  member  in  March  for  the  1985  killings  of 
American  journalists  Nicholas  Blake  and  Griffith  Davis.  The  investigation  of  other 
former  PAC  members  for  complicity  in  this  crime  is  continuing. 

The  December  1996  National  Reconciliation  Law,  which  provided  amnesty  for 
some  acts  related  to  the  internal  conflict,  was  narrowly  interpreted  by  the  courts. 
The  courts  denied  amnesty  to  several  high  profile  defendants,  including  the  con- 
victed murderers  of  U.S.  citizen  Michael  Devine  and  the  army  officers  accused  of 
ordering  the  murder  of  Myma  Mack.  The  only  amnesties  granted  were  to  six  URNG 


530 

members  accused  of  transporting  weapons  and  using  false  documents.  On  October 
8,  the  Constitutional  Court  upheld  the  constitutionality  of  the  reconciliation  law. 

There  was  no  progress  in  resolving  other  past  extrajudicial  killings:  The  "white 
van  case;"  the  1989  disappearances  of  10  university  students,  5  of  whom  were  later 
found  dead;  the  1990  kilUngs  of  Salvadorans  Hector  Oaueli  Colindres  and  Gilda  Flo- 
res;  the  1990  disappearance  of  Maria  Tiu  Tojin  and  ner  daughter;  the  murder  of 
Miguel  Us  Mejia,  a  member  of  CERJ  (an  indigenous  human  rights  organization), 
and  his  wife,  Lucia  Tiu  Tum;  the  1991  killing  of  Jose  Luis  Merida  Escobar;  the  1991 
disappearance  of  Diego  Domingo  Martin;  the  1992  kidnaping,  torture,  and  murder 
of  Huehuetenango  peasant  Lucas  Perez  Tadeo;  the  1993  snooting  of  street  child 
Francisco  Tziac;  the  1993  shooting  of  student  protester  Abner  Abdiel  Hernandez 
Orellana;  and  the  1996  killing  of  Narciso  Alcor. 

b.  Disappearance. — ^There  were  no  credible  reports  of  disappearances  attributed  to 
official  forces. 

The  PDffs  office  investigated  17  complaints  of  forced  disappearance  in  the  first 
half  of  1997,  compared  with  47  for  all  of  1996.  While  motives  in  the  incidents  re- 
ported by  the  PDH  are  difficult  to  determine,  the  victims  were  not,  in  general,  politi- 
cally active.  Using  a  more  restrictive  definition  than  the  PDH,  the  ODHAG  reported 
no  forced  disappearances  during  the  year.  MINUGUA  reported  three  complaints  of 
forced  disappearance.  MINUGUA  and  the  PDH  confirmed  only  one  disappearance, 
the  "^incho   case  from  1996. 

In  May  MINUGUA  reported  that  Juan  Jose  Cabrera,  a  guerrilla  commander  also 
known  as  Mincho,  had  been  captured  in  October  1996,  together  with  Rafael 
Valdizon  Nunez,  also  known  as  "Isaias."  The  two  were  involved  in  the  kidnaping 
of  85-year-old  Olga  Novella,  the  matriarch  of  a  prominent  Guatemalan  family. 
Isaias  was  released  in  a  negotiated  exchange  for  Novella,  but  MINUGUA  could  not 
determine  the  whereabouts  of  Cabrera.  MINUGUA  concluded  that  the  Presidential 
Military  Staff  was  responsible  for  the  capture  of  the  two  and  criticized  the  Govern- 
ment for  failing  to  cooperate  with  its  investigation  by  denying  MINUGUA  represent- 
atives access  to  those  it  believes  are  responsiole  for  the  capture. 

Disappearances  in  high-profile  cases  from  recent  years  remained  unresolved  at 
year's  end.  Amoldo  Xi,  a  community  leader  in  Tbdla,  Purulha,  Baja  Verapaz  and 
a  member  of  CONIC  (an  indigenous  and  peasant  rights  group)  remained  missing. 
Armed  men  reportedly  wounded  him  with  gunfire  and  abducted  him  in  March  1995, 
while  he  was  taking  part  in  a  land  invasion.  The  whereabouts  are  unknown  of  Sal- 
vador de  la  Rosa,  a  member  of  a  military  patrol  who  disappeared  in  March  1995, 
and  of  Lorenzo  Quiej  Pu,  a  member  of  CONDEG  (an  organization  dedicated  to  help- 
ing Guatemalans  internally  displaced  due  to  the  armed  conflict),  who  disappeared 
in  January  1994.  The  disappearances  of  San  Marcos  PAC  members  Margarito  Lopez 
and  Obdulio  Zapeta,  army  enlisted  man  Diego  Chel  Matom,  and  farmers  Ramona 
Munoz  and  Maritza  Gil,  who  were  allegedly  kidnaped  in  1993  by  guerrillas,  also  re- 
mained unresolved  at  year's  end. 

Legal  developments  in  court  cases  failed  to  shed  any  light  on  the  fate  of  guerrilla 
leader  Efrain  Bamaca  Velasquez,  who  disapp)eared  following  a  March  1992  clash  be- 
tween army  and  URNG  forces.  The  Inter-American  Court  of  Human  Rights  has  not 
yet  ruled  on  a  case  it  accepted  in  1996  against  the  Government  regarding  Bamaca's 
disappearance. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  provides  for  the  integrity  and  security  of  the  person  and  prohibits 
physical  or  psychological  torture  of  prisoners.  However,  there  were  credible  reports 
of  mistreatment  by  members  of  the  security  forces. 

The  PDH's  office  listed  only  1  potential  case  of  torture  in  1997,  compared  with 
12  in  1996.  The  ODHAG  listed  no  cases  of  torture,  compared  with  four  cases  in  1996 
and  five  cases  in  1995. 

Casa  Alianza  and  the  COPREDEH  reported  no  instances  in  which  the  National 
Police  abused  street  children.  Other  groups  cite  abuses  of  street  children,  cases  that 
Casa  Alianza  and  the  PDH  attribute  to  lamily  members,  gangs,  and  in  some  cases 
private  security  guards.  Since  November  1996,  the  courts  have  convicted  five  people, 
including  two  police  officers  and  one  military  officer,  of  abusing  street  children.  The 
criminal  case  against  the  five  policemen  charged  in  the  March  1994  baton  beating 
of  Luis  Antonio  Koldan  Izeppi  remained  pending. 

Reports  of  police  use  oi  excessive  force  in  evictions  tangibly  declined.  Landless 
peasants  occupied  a  number  of  farms  throughout  the  year  in  attempts  to  gain  land. 
Although  some  of  the  invaders  were  armed,  the  occupations  were  generally  peaceful. 
Because  of  violent  confrontations  in  the  past,  the  Government's  policy  was  to  secure 
an  eviction  order  from  an  appropriate  court,  inform  the  occupiers  of  the  coming  evic- 
tion, and  send  in  a  lightly  armed  contingent  of  police  to  end  the  occupation.  The 


531 

Ministry  of  Government  carried  out  numerous  evictions  without  incident  during  the 
year  using  this  policy. 

Corruption  continued  to  be  a  problem  with  the  old  police  force,  and  there  were 
credible  allegations  of  involvement  by  some  individual  police  in  criminal  activity,  in- 
cluding kidnaping.  The  Government  is  in  the  process  of  training  and  flelding  a  new 
National  Civiuan  Police.  All  PNC  members  must  meet  minimum  education  require- 
ments and  pass  an  entrtmce  examination.  All  members  of  the  old  force  were  to  un- 
dergo significant  retraining  before  incorporation  into  the  new  force.  New  recruits 
m^ust  complete  a  6-month  training  course  before  entering  on  duty.  The  training 
course,  developed  with  the  assistance  of  MINUGUA  and  other  countries  and  inter- 
national oi^anizations,  includes  extensive  human  ri^ts  components.  A  total  of 
1,200  PNC  oflicers  entered  on  duty  in  Guatemala  City  in  July.  Government  plans 
call  for  20,000  PNC  officers  to  be  on  duty  around  the  country  oy  2000,  up  from  the 
current  force  of  12,000. 

In  May  the  lACHR  found  that  the  Cerezo  government  had  violated  the  human 
rights  of  U.S.  citizen  nun  Dianna  Ortiz  in  1989.  Following  this  decision,  at  the  re- 
quest of  the  Public  Ministry,  the  presiding  judge  ordered  the  case  reopened.  Pros- 
ecutors were  studying  how  to  take  a  written  deposition  from  Sister  Dianna  in  the 
United  States  that  would  be  admissible  in  a  Guatemalan  court. 

Prison  conditions  are  harsh  but  not  life  threatening.  The  prison  system  sufTers 
from  a  serious  lack  of  resoui'ces,  particularly  in  the  areas  of  prison  security  and 
medical  faciUties.  The  Government  reports  that  prison  capacity  is  7,100  persons. 
Prisoners  frequently  complain  of  overcrowding,  although  there  were  approximately 
6,850  inmates  at  mid-year.  Prisoners  also  complain  of  inadequate  food.  Cforruption — 
especially  drug-related — is  widespread.  Prison  officials  report  increasing  incidents  of 
escapes  and  other  manifestations  of  prisoner  unrest.  Female  prisoners  are  held  in 
facilities  separate  from  men,  and  minor  children  are  held  in  other  detention  facili- 
ties. 

The  Government  permits  access  to  prisons  by  family  members  and  independent 
international  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Despite  legal  safeguards,  there  were  fre- 

?[uent  credible  reports  of  arrests  without  judicial  warrants,  illegal  detention,  and 
ailure  to  adhere  to  prescribed  time  limits  in  legal  proceedings.  The  Constitution  re- 
quires that  a  court-issued  arrest  warrant  be  presented  to  a  suspect  prior  to  arrest 
unless  he  is  caught  in  the  act  of  committing  a  crime.  Police  may  not  detain  a  sus- 
pect for  over  6  hours  without  bringing  the  case  before  a  judge.  The  law  also  provides 
for  bail  and  access  to  lawyers. 

There  are  no  reliable  data  on  the  number  of  arbitrary  detentions,  althou^  most 
accounts  agree  that  the  security  forces  routinely  ignore  writs  of  habeas  corpus  in 
cases  of  illegal  detention.  There  were  approximately  6,400  men  and  450  women  im- 
prisoned at  mid-year.  Reliable  estimates  suggest  that  about  70  percent  have  been 
sentenced,  and  30  percent  are  awaiting  sentencing.  Prisoners  are  often  detained 
past  their  legal  trial  or  release  dates.  Prisoners  are  sometimes  not  released  in  a 
timely  fashion  after  completing  their  sentences  due  to  the  failure  of  judges  to  issue 
the  necessary  court  order. 

The  Constitution  prohibits  exile,  and  it  is  not  practiced.  There  are  instances  of 
threatened  individuals  fleeing  the  country. 

e.  Denial  of  Fair  Public  TYial. — The  Constitution  provides  for  an  independent  judi- 
ciary. Although  independent,  the  judicial  system  often  fails  to  provide  fair  trials  due 
to  inefficiency,  corruption,  and  intimidation  of  judges  and  prosecutors.  The  courts' 
response  to  human  rights  violations,  as  well  as  to  general  criminal  activity,  has 
been  inadequate.  Members  of  the  judiciary  and  prosecutors  continued  to  receive 
threats  aimed  at  influencing  current  decisions  or  as  reprisals  for  past  decisions.  On 
September  29,  the  judge  m  a  court  responsible  for  investigating  and  bringing 
chaives  against  a  drug  trafficking  ring  announced  his  resignation  on  account  of 
death  threats.  Jud^e  Victor  Hugo  Salguero  complained  that  he  was  not  even  allowed 
time  off  to  move  his  family  to  a  safer  location.  The  Supreme  Court  asked  President 
Arzu  to  provide  increased  security  for  judicial  personnel  assigned  to  sensitive  cases 
or  to  areas  of  conflict.  The  Court  stated  that  justice  suffers  when  judges  are  pres- 
sured to  free  prisoners,  disallow  evidence,  or  delay  trials  on  technicalities,  all  of 
which  contribute  to  public  dissatisfaction  with  the  legal  system.  Public  prosecutors 
and  private  plaintiffs  also  received  threats. 

The  judiciary  is  composed  of  a  Constitutional  Court,  a  Supreme  Court,  appellate 
courts,  lower  courts,  and  courts  of  special  jurisdiction  (e.g.,  labor  courts).  The  Con- 
stitution provides  that  the  Congress  elect  Supreme  Court  and  appellate  court  mag- 
istrates from  lists  prepared  by  panels  comprised  of  active  magistrates,  representa- 
tives of  the  bar  association,  and  law  school  aeans. 


532 

The  Criminal  Procedures  Code,  which  came  into  effect  in  mid- 1994,  provides  for 
the  presumption  of  innocence,  the  right  to  be  present  at  trial,  the  right  to  counsel, 
and  the  possibility  of  release  on  bail.  Trials  are  public  and  verdicts  are  rendered 
by  three-judge  panels.  The  Code  also  provides  for  lan^age  interpretation  for  those 
who  require  it  (see  Section  5).  The  State's  Public  Mmistry,  which  is  independent 
from  the  executive  branch,  may  initiate  criminal  proceedings  on  its  own  or  in  re- 
sponse to  a  complaint.  IVivate  parties  may  participate  in  the  prosecution  of  criminal 
cases  as  co-complainants.  Lengthy  investigations  and  frequent  procedural  motions 
by  both  defense  and  prosecution  often  lead  to  excessively  long  pretrial  detention. 

Inefficiency  and  corruption  in  the  courts.  Public  Ministry,  and  police  continue  to 
impede  the  proper  functioning  of  the  judicial  system  and  undermine  the  right  to  due 
process.  In  a  departure  from  past  years,  the  Supreme  Court  suspended  several 
judges  for  irregularities  in  cases  under  their  jurisdiction.  A  modernization  plan  for 
the  judiciary  (frafted  by  the  Supreme  Court  identified  the  following  problem  areas: 
Inaaequacy  in  carrying  out  court  functions,  limited  access  to  administration  of  jus- 
tice, corruption,  deficient  institutional  management,  and  lack  of  confidence  in  the 
court  system  by  the  public.  A  peace  accord-mandated  commission  including  promi- 
nent jurists,  scholars,  and  a  human  rights  activist  issued  recommendations  for  con- 
stitutional reforms  intended  to  improve  the  functioning  of  the  judicial  system.  In  Oc- 
tober Congress  passed  a  bill  implementing  these  recommendations,  one  of  which  cre- 
ates a  pUot  program  of  five  community  courts  in  an  effort  to  decentralize  justice  and 
incorporate  customary  law  for  minor  offenses. 

The  Public  Ministry  has  been  hampered  in  its  efforts  to  investigate  crimes  and 
prosecute  offenders  by  inadequate  training  and  equipment  and  insufncient  numbers 
of  investigators.  In  addition,  prosecutors  are  susceptible  to  intimidation  and  corrup- 
tion. One  key  reform  during  the  year  was  standardization  of  procedures  to  govern 
criminal  investigations.  Coordination  of  investigations  between  the  Public  Ministry 
and  the  PNC  is  improving,  due  to  a  new  coorcunating  committee  composed  of  rep- 
resentatives from  the  Supreme  Court,  the  Ministry  of  Government,  and  the  PubUc 
Ministry. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  home,  correspondence,  and  private  doc- 
uments, but  accusations  persist  that  the  authorities  sometimes  disregard  these  pro- 
visions. Elements  of  the  security  forces  reportedly  continue  to  monitor  private  com- 
munications. Press  reports  repeatedly  accused  the  Presidential  Military  Staff  of  tele- 
phone tapping. 

The  military  has  honored  the  June  1994  presidential  order  to  suspend  all  con- 
scription, including  forced  recruitment. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  expres- 
sion, and  the  Government  generally  respected  this  right  in  practice. 

In  addition  to  regular  and  open  criticism  of  government  policies,  the  media  pub- 
licizes communiques  from  human  rights  organizations,  unions,  and  others  opposed 
to  the  Government  or  its  policies.  The  press  criticizes  the  military  and  other  power- 
ful sectors.  For  example,  press  reports  of  the  disappearance  of  Juan  Jose  Cabrera 
(see  Section  l.b.)  and  the  EMPs  role  in  antikidnaping  operations  preceded  the 
MINUGUA  investigation.  The  press  also  ran  stories  on  reputed  drug  traffickers  and 
on  official  corruption. 

Some  journalists  claim,  however,  that  in  a  few  particularly  sensitive  cases  govern- 
ment pressure  and  fears  of  reprisal  result  in  self-censorship  and  limits  on  investiga- 
tive reporting.  There  were  allegations  throughout  the  year  that  the  CJovernment  or 
those  purporting  to  speak  on  its  behalf  sou^t  to  discourage  advertisers  from  buying 
space  or  time  in  media  outlets  deemed  hostile  to  the  (jovemment. 

The  Government  prepares  public  information  programs,  which  the  radio  and  tele- 
vision stations  are  required  to  broadcast.  Opposition  parties  have  no  such  access  to 
the  media,  but  can  purchase  air  time. 

In  early  December,  the  (Jovemment's  official  news  organ  attacked  the  leading 
daily  newspaper  for  publishing  an  article  perceived  as  harming  the  CJrovemment's 
efforts  to  attract  greater  tourism.  In  response  to  the  incident,  the  Human  Rights 
Ombudsman  declared  that  the  (jovemment's  criticism,  as  well  as  other  direct  and 
indirect  intimidation,  constituted  violations  of  the  right  to  freedom  of  expression. 

One  section  of  the  1996  Telecommunications  Law  sou^t  to  rationalize  the  licens- 
ing of  radio  frequencies.  An  unintended  effect  left  a  number  of  tiny  local  and  com- 
munity-owned stations  operating  without  legal  authority.  These  stations  broadcast 
cultural,  educational,  and  religious  programming  to  rural  communities  with  large 
indigenous  populations.  Althou^  the  authorities  have  the  right  to  close  stations 


533 

that  have  not  complied  with  the  new  requirements,  none  have  been  shut  down. 
Some  station  owners  believe  that  these  requirements  restrict  their  right  to  free  ex- 
pression. 

The  PDH  reported  two  coniplaints  of  threats  against  journalists,  only  one  of  which 
merited  investigation.  The  ODHAG  reported  no  incidents  of  violence  or  threats 
against  the  media.  However,  some  journalists  reported  threats  of  vaiying  degrees 
of  credibilitv;  it  is  not  clear  whether  the  threats  were  related  to  their  work.  One 
journalist,  Jorge  Luis  Marroquin  Sagastume,  was  killed  in  Jocotan,  Chiquimula,  in 
June.  By  year's  end,  the  investigation  had  not  yet  revealed  a  motive,  although  some 
press  reports  implicated  the  mayor  of  Jocotan. 

The  Constitution  provides  for  academic  freedom.  There  were  no  reports  of  profes- 
sors or  students  being  subjected  to  violence  or  intinddation  for  their  academic  work. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  peaceful  assembly,  and  the  Government  respects  this  right  in  practice. 
Peaceml  demonstrations  were  common,  and  demonstrators  sometimes  occupied  gov- 
ernment institutions,  including  Congress.  In  all  these  cases,  the  police  acted  with 
restraint,  and  the  authorities  negotiated  a  peaceful  departure  of  the  demonstrators. 

The  Constitution  provides  for  freedom  of  association,  and  the  Government  re- 
spects this  right  in  practice.  The  Government  did  not  interfere  with  political  associa- 
tions. The  law  requires  organizations  to  obtain  legal  status,  a  cumbersome  and  ex- 
pensive procedure. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  religious  freedom,  and  the 
authorities  respect  it  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  does  not  restrict  foreign  travel,  nor  does  it  revoke  citi- 
zenship for  political  reasons.  The  Government  did  not  restrict  travel  within  the 
country  during  the  year. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees from  other  countries.  The  issue  of  the  provision  of  first  asylum  did  not  arise. 
There  were  no  reports  of  forced  expulsion  of  persons  to  countries  where  they  feared 
persecution.  Voluntary  repatriation  of  refugees  from  Mexico  continued.  The  UNHCR 
reported  that  approximately  2,500  refugees  returned,  bringing  the  total  to  over 
35,000  since  initiation  of  the  program  in  1993. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government  by  peaceful  and  democratic 
means,  through  secret  ballot  and  universal  suffrage  for  those  18  years  of  age  and 
older.  Members  of  the  armed  forces  and  police  may  not  vote.  Since  the  return  to 
democracy  and  civilian  rule  in  1985,  there  have  been  seven  free  elections.  Inter- 
national observers  concluded  that  both  the  1995  general  elections  and  the  1996  run- 
off presidential  election  were  free  and  fair.  At  year's  end,  the  former  URNG  guerril- 
las were  forming  a  political  party  and  planned  to  compete  in  the  1999  general  elec- 
tions. 

Voters  elect  the  80-member  Congress  using  a  system  of  proportional  representa- 
tion based  on  population,  with  deputies  elected  both  from  districts  and  from  a  na- 
tionwide list.  CongTCss  has  64  deputies  from  districts  and  16  from  the  national  list. 
The  last  elections  involved  24  political  parties;  6  won  seats  in  the  legislature.  Con- 
gress can  and  does  act  independently  of  the  executive,  but  fragmentation  along 
party  lines  and  a  weak  support  structure  result  in  a  legislature  that  is  relatively 
weaK. 

There  are  no  legal  impediments  to  women's  participation  in  politics,  but  women 
are  underrepresented  in  the  political  arena.  Nevertheless,  women  do  hold  some 
prominent  political  positions,  including  the  presidency  of  Congress.  In  the  1995  elec- 
tions, voters  elected  11  women  to  the  80-member  Congress.  Women  hold  two  seats 
on  the  Supreme  Court  and  one  on  the  Constitutional  Court. 

Indigenous  people  are  entitled  to  equal  rights  under  the  Constitution.  Some  have 
attained  high  positions  as  judges  and  government  officials,  including  eight  members 
of  Congiiess.  In  the  1995  elections,  40  indigenous  candidates  won  mayoral  positions 
(out  of  300  municipalities),  including  the  mayor  of  Quetzaltenango,  the  second  larg- 
est citv.  Nonetheless,  they  are  still  heavily  underrepresented  in  politics  due  to  lim- 
ited educational  opportunity  and  pervasive  discrimination  (see  Section  5). 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Government  permits  local  human  rights  groups  to  operate  freely.  Numerous 
domestic  and  international  groups  investigate  and  freely  report  on  human  rights  is- 


534 

sues.  MINUGUA  maintains  a  stafTof  300  with  regional  offices  to  monitor  implemen- 
tation of  the  human  rights  provisions  of  the  Peace  Accords  and  to  strengthen  demo- 
cratic institutions.  MINUGUA  states  that  the  Government  generally  cooperated 
with  its  investigations  but  cited  isolated  incidents  in  which  the  Government  had  ob- 
structed its  efforts  (see  Section  l.b.).  The  President's  Commission  on  Human  Rights 
actively  sought  to  forge  a  more  cooperative  relationship  with  both  domestic  and 
international  human  rights  monitors,  often  acting  as  a  liaison  between  such  groups 
and  other  branches  of  the  Government. 

The  Human  Rights  Ombudsman  is  elected  by  and  reports  to  Congress  and  often 
rules  on  controversial  issues  not  normally  considered  human  rights  topics,  such  as 

gasoline  prices  and  electricity  rates.  Relations  between  the  Ombudsman's  office  and 
le  executive  branch  were  strained.  Ombudsman  Jorge  Mario  Garcia  Laguardia 
complained  that  the  Congress  was  neither  funding  his  office  adequately  nor  imple- 
menting his  recommendations  on  human  rights,  ^though  the  office  was  hampered 
by  internal  administrative  problems.  Garcia's  term  as  Ombudsman  expired  in  Au- 
gust; Julio  Arango  Escobar  replaced  him. 

Several  members  of  Congress,  who  are  also  leaders  of  human  rights  groups,  re- 
ported receiving  threatening  letters  at  various  times  during  the  year.  Other  high- 
ranking  officials  working  in  the  fields  of  human  rights  and  jurisprudence  com- 
plained publicly  and  privately  of  receiving  threats  stemming  from  their  interest  in 
resolving  cases  related  to  human  rights  violations,  official  corruption,  and  drug  traf- 
ficking. 

The  Historical  Clarification  Commission,  created  by  the  Peace  Accords  in  an  efibrt 
to  shed  light  on  human  rights  abuses  during  past  decades  began  work  on  September 
1.  Various  human  rights  groups  gave  the  CE5H  voluminous  documentation  of  viola- 
tions, and  the  CEH  is  seeking  additional  information  on  its  own.  Human  rights 
groups  expect  the  CEH  to  provide  concrete  answers  on  specific  cases,  even  though 
the  CEH  has  no  mandate  to  bring  to  justice  those  responsible  for  abuses;  only  to 
provide  an  accounting  of  what  happened.  The  CEH  has  one  year  in  which  to  com- 
plete its  work. 

MINUGUA,  the  PDH's  office,  and  the  ODHAG  continued  to  enjoy  widespread  pub- 
lic support  and  respect.  Senior  government  officials  also  met  with  numerous  foreign 
government  officials  and  international  human  rights  monitors.  While  many  inter- 
national human  rights  organizations  and  their  workers  do  not  enjoy  formal  legal 
status,  they  continue  to  operate  freely  and  openly. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  states  that  all  human  beings  are  free  and  equal  in  dignity  and 
ri^ts,  and  that  the  State  must  protect  the  life,  liberty,  justice,  security,  peace,  and 
development  of  all  citizens.  In  practice,  however,  the  Government  is  frequently  un- 
able to  enforce  these  provisions,  due  to  inadequate  resources,  corruption,  and  a  dys- 
functional judicial  system. 

Women.-— CONAvIGUA  and  the  PDH  reported  that  violence  against  women,  in- 
cluding domestic  violence,  remains  common  among  all  social  classes.  There  is  no 
specific  law  against  domestic  violence,  although  it  is  considered  to  fall  under  other 
statutes.  Victims  rarely  report  criminal  sexual  violence,  and  relatively  few  rape 
cases  go  to  court.  The  law  allows  a  rapist  to  be  exonerated  by  an  offer  of  marriage 
in  certain  circumstances.  If  the  girl  is  between  the  ages  of  12  and  16,  if  she  con- 
sented to  sex,  and  if  she  agrees  to  marry  the  man,  then  rape  charges  can  be 
dropped. 

TTie  PDH  reported  that  complaints  of  spousal  abuse  committed  by  husbands  have 
continued  to  rise  due  to  increased  nationwide  educational  programs,  which  have  en- 
couraged women  to  seek  assistance.  There  are  family  courts,  and  judges  may  issue 
an  iiy'unction  against  an  abusive  spouse  or  companion.  The  police  are  charged  with 
enforcing  such  injunctions.  There  is  also  a  Women's  Rights  Department  of  the  PDH, 
and  various  nongovernmental  organizations  (NGO's)  provide  medical  and  legal  as- 
sistance and  information  on  family  planning.  In  September  a  Mixco  man  was  sen- 
tenced to  6  months  in  iail  for  beating  his  wile,  the  first  time  that  a  criminal  penalty 
has  been  applied  in  a  domestic  dispute. 

The  Constitution  asserts  the  principle  of  equality  between  the  sexes.  Nonetheless, 
women  face  job  discrimination  and  on  average  receive  significantly  lower  pay  than 
men.  They  are  primarily  employed  in  low-wage  jobs  in  the  textile  industry,  agri- 
culture, retail  businesses,  and  the  public  sector.  More  working  women  than  men  are 
employed  in  the  informal  sector  of  the  economy,  where  pay  and  benefits  are  gen- 
erally lower.  Women  may  own,  manage,  and  inherit  property  on  an  equal  basis  with 
men. 


535 

The  National  Women's  Forum,  the  last  of  the  commitments  to  create  new  civil  so- 
ciety bodies  under  the  1996  Peace  Accords,  was  formally  inaugurated  on  November 
12.  The  general  purpose  of  the  forum  is  to  broaden  the  participation  of  women  in 
the  economic  ana  social  development  of  the  country.  Local  women's  groups  elected 
representatives  to  the  departmental  and  national  levels.  In  addition  to  representa- 
tives from  the  departments,  the  national  assembly  includes  women  elected  to  rep- 
resent linguistic  communities.  In  line  with  the  broad  goals  of  the  forum  in  promot- 
ing women's  participation,  improved  access  to  education,  health  care,  and  credit 
were  among  tne  key  topics  for  discussion.  In  effect,  the  forum  serves  as  a  channel 
for  women  to  make  their  opinions  known  and  to  effect  changes  in  law  and  adminis- 
tration to  overcome  discrimination  and  promote  a  more  active  role  for  women  in  so- 
ciety. The  forum  was  scheduled  to  meet  again  6  months  later. 

Children. — ^The  Constitution  charges  the  Government  with  protecting  the  physical 
and  mental  health,  as  well  as  the  moral  well-being,  of  minors.  These  provisions  not- 
withstanding, the  Government  in  the  past  has  not  devoted  sufficient  resources  to 
ensure  adequate  educational  and  healtn  services  for  children.  Under  the  terms  of 
the  Peace  Accords,  the  Government  has  budgeted  substantially  more  funding  for 
health  tmd  education  in  1998,  almost  double  the  1995  spending  level. 

The  abuse  of  street  children  (see  Section  I.e.)  is  a  serious  problem  in  major  cities. 
Estimates  of  the  number  of  street  children  range  between  1,500  and  5,000,  with  the 
majority  of  these  youths  concentrated  in  Guatemala  City.  Criminals — reported  to  in- 
clude private  security  ^ards  and  corrupt  police  or  military  personnel — often  recruit 
these  children  into  thievery  or  prostitution  rings.  The  Government  and  a  number 
of  NGO's  operate  youth  centers,  but  the  funds  devoted  to  them  are  not  sufficient 
to  alleviate  the  problem.  The  Government  created  a  Permanent  Commission  for 
Children  and  Youth  in  1996  to  investigate  cases  of  mistreatment.  The  new  Minors' 
Code,  which  offers  greater  protection  lor  children,  is  scheduled  to  be  implemented 
in  1998,  in  order  to  allow  the  Supreme  Court  time  to  prepare  its  staff  to  apply  the 
new  provisions. 

The  Presidential  Human  Rights  Commission  continued  weekly  meetings  of  the 
Permanent  Commission  for  Children,  composed  of  representatives  from  Casa 
AUanza  and  from  the  judicial  and  executive  branches,  with  the  aim  of  addressing 
the  problems  of  street  children.  The  regular  meetings  continue,  despite  still  tense 
relations  between  Casa  Alianza  and  the  police,  principally  due  to  old  cases  which 
the  NGO  believes  the  police  investigated  insufficiently. 

People  With  Disabilities. — The  Constitution  provides  that  the  State  should  protect 
disabled  persons.  Nonetheless,  physically  disabled  persons  are  discriminated  against 
in  employment  practices,  and  few  resources  are  devoted  to  combat  this  problem  or 
otherwise  to  assist  people  with  disabilities.  In  November  1996,  however.  Congress 
passed  a  law  mandating  equal  access  to  public  facilities,  prohibiting  discrimination 
Dased  on  disability,  and  providing  other  protection. 

The  new  law  defines  a  disabled  person  as  one  whose  physical,  mental,  and  emo- 
tional deficiencies  limit  performance  of  normal  activities.  It  stipulates  equal  oppor- 
tunity for  disabled  persons  in  health,  education,  work,  recreation,  sports,  and  cul- 
tural activities  and  provides  that  all  disabled  persons  receive  the  benefits  of  labor 
laws,  social  security,  and  the  right  to  work.  The  new  law  also  establishes  equal  edu- 
cation opfwrtunities,  the  requirement  that  buildings  meet  access  codes,  and  the 
right  to  equal  pay.  A  National  Council  for  the  Disabled  is  to  outline  the  oolitical 
and  internal  needs  of  the  disabled;  however,  implementation  of  the  new  law  has 
been  slow. 

Indigenous  People. — The  Constitution  states  that  Guatemala  is  composed  of  di- 
verse ethnic  groups  and  obliges  the  Government  to  recognize,  respect,  and  promote 
the  lifestyles,  customs,  traditions,  forms  of  social  organization,  and  manner  of  dress 
of  indigenous  people.  Indigenous  people  constitute  over  one-half  the  pxjpulation  but 
remain  largely  outside  of  tne  countrys  political,  economic,  social,  and  cultural  main- 
stream. Indigenous  people  were  the  most  common  victims  of  extrajudicial  killings 
and  other  serious  human  rights  abuses  during  the  internal  conflict.  In  an  effort  to 
implement  relevant  constitutional  provisions,  the  Government  established  a  series 
of  commissions,  as  mandated  by  the  Peace  Accords.  The  commissions  are  to  present 
recommendations  to  Confess  regarding  protection  of  indigenous  culture,  traditions, 
lands,  and  sacred  sites.  Indigenous  people  are  organizing  into  interest  groups,  as 
well,  to  promote  bilingual  education,  women's  rights,  and  community  development. 
The  Government  is  also  devoting  increased  resources  to  bilingual  education. 

Rural  indigenous  people  have  limited  educational  opportunities  and  thus  have 
fewer  employment  opportunities.  Many  indigenous  people  are  illiterate  and  do  not 
speak  Spanish.  Linguistic  barriers  hinder  interaction  with  the  Government  and 
limit  access  to  public  services,  including  the  judiciary,  since  few  ofiicials  speak  any 
of  the  21  indigenous  languages.  Indigenous  persons  arrested  for  crimes  are  often  at 


536 

a  disadvantage  due  to  their  limited  comprehension  of  Spanish.  The  Criminal  Proce- 
dures Code  states  that  the  courts  must  provide  interpretation  for  anyone  requiring 
such  services  during  criminal  proceedings.  Ninety  legal  interpreters  were  working 
at  all  levels  of  the  legal  system,  from  the  police  to  the  formal  courts,  to  assure  non- 
Spanish  speakers  the  means  to  bring  complaints,  resolve  conflicts,  and  provide  testi- 
mony. Interpreters  are  concentrated  in  former  conflict  areas  of  the  country;  more 
interpreters  were  in  training. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  the  Labor  Code  provide  work- 
ers with  complete  freedom  of  association  and  the  right  to  form  and  join  trade 
unions.  The  Grovemment  does  not  control  unions.  Major  reforms  to  the  Liabor  Code 
in  1992  mandated  steps  to  improve  worker  rights  by  facilitating  freedom  of  associa- 
tion, strengthening  the  rights  of  working  women,  increasing  penalties  for  violations 
of  labor  laws,  and  enhancing  the  role  ofthe  Labor  Ministry  and  labor  courts  in  en- 
forcing the  statutes.  All  workers  have  the  right  to  form  or  join  unions,  including 
public  sector  employees,  with  the  exception  of  members  of  the  security  forces. 

At  most,  8  percent  ofthe  work  force,  or  250,000  of  3.1  million  workers,  are  mem- 
bers of  labor  organizations.  The  1,150  registered  unions  in  the  country  are  inde- 
pendent of  government  and  political  party  domination.  Labor  Code  amendments 
nave  simplified  the  process  for  unions  to  obtain  legal  status.  The  Minister  of  Labor 
further  revised  the  administrative  process  in  May  1996,  reducing  the  number  of 
steps  within  the  Ministry  for  consideration  of  union  applications  and  establishing 
strict  timetables;  the  time  for  the  procedure  was  reduced  to  20  days  from  60.  The 
Labor  Ministry  also  initiated  a  program  to  assist  unions  with  their  applications,  and 
the  Minister  warned  officials  that  noncompliance  with  the  timetable  could  lead  to 
dismissal  of  those  responsible  for  the  delay.  These  new  regulations  accelerated  the 
approval  procedure  and  largely  eliminated  the  backlog  of^union  applications.  The 
Labor  Ministry  granted  legal  status  to  35  unions  in  the  first  half  of  1997. 

Workers  have  the  right  to  strike,  but  Labor  Code  procedures  for  having  a  strike 
recognized  as  legal  are  cumbersome.  Labor  organizers  criticize  the  requirement  that 
two-thirds  of  the  work  force  must  approve  a  vote  to  strike,  the  prohibition  of  strikes 
by  agricultural  workers  at  harvest  time,  and  the  ri^t  of  the  Government  to  prohibit 
strikes  that  it  considers  seriously  harmful  to  the  national  economy.  In  1996  Con- 
gress approved  a  law  that  further  restricted  the  ri^t  to  strike  for  workers  employed 
in  essential  pubUc  services.  The  law  was  strongly  opposed  by  unions  and  some  mem- 
bers of  Congress,  who  called  the  measure  unconstitutional  and  contrary  to  commit- 
ments to  the  International  Labor  Organization  (ILO).  The  law  deems  such  services 
as  urban  and  interurban  transport,  mail,  and  telegraph  as  essential;  the  Constitu- 
tional Court  reviewed  it  in  1996  and  declared  it  constitutional  in  January. 

Those  strikes  that  do  occur  are  frequently  in  the  public  sector  and  are  almost  al- 
ways called  without  legal  authorization.  The  Government  declared  illegal  a  1996 
strike  by  judicial  workers;  the  workers  eventually  resumed  their  duties  and  were 
paid  for  the  time  they  were  on  strike,  a  common  outcome  of  such  strikes.  Previously, 
the  Government  made  no  effort  to  intervene  on  the  basis  of  a  strike's  illegality,  but 
the  new  essential  services  strike  legislation  permits  it  to  act  more  forcefully.  Em- 
ployers may  suspend  workers  or  fire  them  for  absence  without  leave  if  the  authori- 
ties have  not  legally  approved  their  strike.  The  strike  regulation  law  calls  for  bind- 
ing arbitration  i?  an  impasse  has  been  reached  after  30  days  of  negotiations. 

The  law  protects  workers  from  retribution  for  forming  and  participating  in  trade 
union  activities,  but  enforcement  of  these  provisions  is  spotty.  While  an  increasing 
number  of  employers  accept  unionization,  many  routinely  seek  to  circumvent  Labor 
Code  provisions  in  order  to  resist  union  activities,  which  they  view  as  historically 
confrontational  and  disruptive.  An  ineffective  legal  system  and  inadequate  penalties 
for  violations  have  hindered  enforcement  of  the  right  to  form  unions  and  participate 
in  trade  union  activities.  While  workers  illegally  fired  for  union  activity  should, 
under  the  Labor  Code,  be  reinstated  within  24  hours,  employers  often  file  a  series 
of  appeals,  or  simply  defy  judicial  orders  of  reinstatement.  Penalties  for  defying  such 
orders  were  increased  somewhat  in  the  1992  Labor  Code  reform. 

Trade  union  leaders  and  members  did  not  suffer  labor-related  violence.  Some  pub- 
lic sector  union  leaders  reported  receiving  threats  against  themselves  and  their  fam- 
ilies. Investigations  continued  into  previous  years'  cases  of  violence,  including  mur- 
der, against  various  labor  leaders,  although  some  of  these  investigations  appear  to 
have  been  suspended  for  lack  of  evidence. 

An  active  "solidarity"  movement  claims  approximately  167,000  members  in  437 
companies.  Unions  may  legally  operate  in  workplaces  that  have  solidarity  associa- 
tions, and  workers  have  the  right  to  choose  between  the  two  or  to  belong  to  both. 
The  Government  views  these  associations  as  civic  organizations  that  need  not  inter- 


537 

fere  with  the  functioning  of  trade  unions.  The  amended  Labor  Code  stipulates  very 
clearly  that  trade  unions  have  an  exclusive  right  to  bargain  collectively  over  work 
conditions  on  behalf  of  workers.  Unions  charge,  however,  that  management  pro- 
motes solidarity  associations  to  avoid  the  formation  of  trade  unions  or  to  compete 
with  existing  labor  unions.  There  are  credible  reports  that  some  of  these  associa- 
tions did  not  always  adhere  to  democratic  principles  in  their  formation  and  manage- 
ment, and  that  workers  fire  unable  to  participate  fiilly  and  freely  in  decisionmaking. 
Similar  credible  charges  are  made  against  some  trade  unions. 

At  the  reauest  of  trade  union  leaders,  the  independent  human  rights  Ombuds- 
man, throu^  its  office  for  economic  and  social  issues,  receives  complaints  related 
to  trade  union  activities.  Union  leaders  and  workers  filed  occasional  complaints  with 
the  PDH  during  the  year,  and  the  Ombudsman  has  spoken  out  in  public  statements 
about  labor  conditions  in  various  sectors  of  the  economy.  The  PDH  can  investigate 
union  complaints  and  issue  a  statement,  but  the  office  has  no  enforcement  powers 
beyond  attempting  to  ameliorate  the  situation  through  publicity  and  moral  j>ersua- 
sion. 

Unions  may  and  do  form  federations  and  confederations  and  join  international  or- 
ganizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Woricers  have  the  right  to  or- 
ganize and  bargain  collectively.  However,  the  practice  of  collective  bargaining  is  lim- 
ited by  the  weak  structure  of  the  union  movement,  the  requirement  that  25  percent 
of  the  workers  in  a  factory  or  business  must  be  union  members  in  order  for  collec- 
tive bargaining  to  take  place,  the  lack  of  experience  with  this  practice,  and  the  pref- 
erence of  management  in  many  cases  to  avoid  formal  ties  with  trade  unions.  While 
both  management  and  the  unions  honored  some  well-written  collective  contracts,  in 
other  instances  both  parties  openly  ignored  and  violated  contracts.  Most  workers, 
even  those  organized  by  trade  unions,  do  not  have  collective  contracts  to  cover  their 
wages  and  working  conditions  but  do  have  individual  contracts  as  required  by  law. 
Most  woricers  receive  the  minimum  wages  established  by  bipartite  commissions, 
which  operate  under  the  guidance  of  the  Ministry  of  Labor. 

Employers  cannot  legally  dismiss  workers  for  helping  to  form  a  trade  union;  work- 
ers file  complaints  in  this  regard  with  the  labor  inspectors  for  resolution.  The  Labor 
Code  provides  for  the  ri^t  of  employers  to  fire  union  workers  for  cause,  permits 
workers  to  appeal  their  dismissal  to  the  labor  courts,  and  requires  the  reinstate- 
ment within  24  hours  of  any  union  worker  fired  without  cause.  The  revised  Code 
prohibits  employers  from  firing  workers  for  union  organizing  and  protects  them  for 
60  days  following  the  official  publication  of  approval  of  the  union.  It  also  prohibits 
employers  from  nring  any  member  of  the  executive  committee  of  a  union  and  pro- 
tects them  for  an  additional  12  months  after  they  are  no  longer  on  the  executive 
committee.  An  employer  may  fire  a  member  of  the  union's  executive  committee  for 
cause  only  after  a  trial  and  issuance  of  a  court  resolution. 

Labor  courts  responsible  for  enforcing  labor  laws  continued  to  be  generally  ineffec- 
tive. Although  two  labor  courts,  the  sixth  and  seventh,  continued  to  function,  efforts 
to  restructure  and  modernize  the  labor  court  system  made  little  headway.  However, 
in  November  1996  the  president  of  the  Supreme  Court  announced  creation  of  eight 
new  labor  courts  and  two  appeals  courts.  Seven  of  the  new  labor  courts  have  been 
constituted  and  are  accepting  cases.  A  heavy  backlog  of  labor  cases  continued  to  clog 
the  courts  due  to  inefficiency  and  lack  of  resources,  especially  competent  judges. 
There  is  only  spotty  enforcement  of  the  Labor  Code,  due  to  the  scarcity  of  labor  in- 
spectors, continuing  though  declining  corruption,  the  lack  of  adequate  training  and 
resources,  and  structural  weaknesses  in  the  labor  court  system.  Nonetheless,  en- 
forcement is  improving  £is  new  labor  inspectors  complete  training  and  begin  work 
at  the  21  branch  offices  outside  the  capital,  allowing  the  Ministry  of  Labor  to  in- 
crease significantly  its  rate  of  inspections.  The  Ministry  continued  a  series  of  inspec- 
tions at  farms  and  plantations  in  rural  areas,  especially  in  Alta  and  B^a  Verapaz, 
and  cited  those  employers  who  were  not  paying  the  minimum  wage.  The  nuniber 
of  ranches  in  these  regions  paying  below  the  minimum  wage  dropped  from  42.6  per- 
cent of  the  total  number  inspected  to  13.9  percent  after  completion  of  the  program. 

The  Ministry  of  Labor  reorganized  its  labor  inspector  corps  to  permit  some  com- 
plaints to  be  heard  at  the  Ministry  of  Labor  rather  than  requiring  that  inspectors 
travel  to  each  woric  site.  The  Ministry  increased  the  number  of  court  cases  fued  for 
failure  to  comply  with  the  Labor  Code  and  has  begun  an  educational  campaign  on 
worker  rights  (especially  the  rights  of  minors  and  female  workers),  including  provid- 
ing some  documents  in  indigenous  languages.  In  an  effort  to  improve  enforcement 
of  the  Labor  Code  outside  the  capital,  the  Ministry  of  Labor  began  an  effort  to  de- 
centralize its  operations,  beginning  by  of>ening  a  branch  office  in  Coban,  Alta 
Verapaz,  in  addition  to  the  21  labor  inspector  branch  offices. 


538 

Labor  laws  and  regulations  apply  throughout  the  country,  including  in  the  few  ex- 
port processing  zones  (EPZ*s).  The  laws  governing  the  EPZ's  are  not  discriminatory 
on  the  subject  of  organizing  trade  unions  or  collective  bargaining.  Union  leaders 
often  blame  employer  pressures  and  their  unofficially  restricted  eiccess  to  the  EPZ's 
for  their  virtual  inability  to  organize  workers  in  these  zones.  While  labor  standards 
in  the  EPZ's  are  no  different  from  those  found  outside  the  zones,  actual  working 
conditions  are  often  better. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  bars  forced  or 
compulsory  labor,  and  the  practice  does  not  exist.  The  law  does  not  speciiically  pro- 
hibit forced  or  bonded  labor  by  children,  but  they  are  covered  by  the  general  statute. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Con- 
stitution bars  employment  of  minors  under  the  age  of  14  without  written  permission 
from  the  Ministry  of  Labor.  However,  children  below  this  age  are  regularly  em- 
ployed in  the  informal  and  agricultural  sectors,  usually  in  small  family  enterprises. 
The  laws  prohibit  minors  from  night  work  and  extra  hours  (the  legal  workday  for 
minors  under  the  age  of  14  is  6  hours;  for  minors  14  to  17  years  of  age,  7  hours), 
from  working  in  establishments  where  alcoholic  beverages  are  served,  or  from  work- 
ing in  unhealthy  or  dangerous  conditions.  Laws  governing  the  employment  of  mi- 
nors are  not  eflectively  enforced,  due  to  the  shortage  of  qualified  labor  inspectors 
and  structural  weaknesses  in  the  labor  court  system.  While  only  5,000  minors  have 
permission  from  the  Labor  Ministry  to  work  legally,  thousands  of  others  working 
without  legal  permission  are  open  to  exploitation,  generally  receiving  no  social  bene- 
fits, social  insurance,  vacations,  or  severance  pay,  and  below  minimum  salaries. 

The  Labor  Ministry  has  a  program  to  educate  minors,  their  parents,  and  employ- 
ers on  the  rights  of  minors  in  the  labor  market.  Economic  necessity,  however,  forces 
most  families  to  have  their  children  seek  some  type  of  employment  to  supplement 
family  income.  Children  who  work  generally  do  so  in  family  enterprises.  There  is 
no  forced  or  bonded  labor  of  children  (see  Section  6.c.).  ITiere  are  no  export  indus- 
tries in  which  child  labor  is  a  significant  factor. 

The  Constitution  provides  for  compulsory  education  for  all  children  up  to  the  age 
of  12  or  to  the  sixth  grade.  However,  less  than  half  the  population  actually  receives 
a  primary  education.  Children  in  rural  and  indigenous  areas  are  less  likely  to  com- 
plete primary  school. 

e.  Acceptable  Conditions  of  Work. — Although  the  law  sets  minimum  wages,  the  le- 
gally mandated  minimum  wage  for  most  unskilled  and  semiskilled  workers  is  not 
always  paid.  A  bipartite  committee  representing  labor  and  management  in  specific 
economic  sectors  is  named  each  year  to  make  recommendations  for  increases  in  the 
minimum  wage.  In  the  event  that  agreement  is  not  possible,  the  Government  may 
decree  such  increases.  The  most  recent  minimum  wage  increase  took  effect  in  De- 
cember. The  basic  rate  is  $3.28  (19.71  quetzales)  for  industrial  workers  for  an  8- 
hour  workday,  including  a  required  hourly  bonus,  and  is  $2.98  (17.86  quetzales)  per 
day  plus  mandatory  productivity  bonuses  for  agricultural  workers.  The  minimum 
wage  is  not  sufficient  to  provide  even  a  minimum  standard  of  living  for  a  worker 
and  family.  According  to  the  U.N.  Development  Program,  an  estimated  80  percent 
of  the  population  lives  below  the  poverty  line,  including  approximately  60  percent 
of  those  employed. 

The  legal  workday  is  8  hours,  and  the  workweek  is  44  hours,  but  a  tradition  of 
longer  hours  remains  in  place  due  to  economic  conditions.  The  amended  Labor  Code 
requires  a  weekly  paid  rest  period  of  at  least  24  hours.  Trade  union  leaders  and 
human  rights  groups  charge  that  workers  are  sometimes  forced  to  work  overtime, 
often  without  premium  pay,  in  order  to  meet  work  requirements.  Labor  inspectors 
report  uncovering  numerous  instances  of  such  abuses,  but  the  lack  of  stiff  fines  or 
strong  regulatory  sanctions,  as  well  as  inefficiencies  in  the  labor  court  system,  in- 
hibit adequate  enforcement  of  the  law. 

Occupational  health  and  safety  standards  are  inadequate.  As  with  other  aspects 
of  the  labor  law,  enforcement  of  standards  that  do  exist  is  also  inadequate.  WoI^ters 
have  the  legal  right  to  remove  themselves  from  dangerous  workplace  situations,  and 
the  law  provides  them  with  protection  for  their  continued  employment.  However, 
few  workers  are  willing  to  jeopardize  their  jobs  by  complaining  about  unsafe  worst- 
ing conditions.  When  serious  or  fatal  industrial  accidents  do  occur,  the  authorities 
generally  take  no  legal  steps  against  those  responsible.  The  Labor  Ministry  provides 
training  courses  for  labor  inspectors  in  health  and  safety  standards  but  does  not  ac- 
cord them  a  high  priority  due  to  scarce  resources.  The  Government  does  not  effec- 
tively enforce  legislation  requiring  companies  with  more  than  50  employees  to  pro- 
vide on-site  medical  facilities  for  their  workers,  although  most  large  employers  do 
provide  such  facilities. 


539 
GUYANA 

The  Co-operative  Republic  of  Guyana  is  a  small,  developing  democracy  with  a  uni- 
cameral 65-member  parliament  chosen  by  direct  elections  in  a  multiparty  political 
system.  The  President  appoints  a  Prime  Minister  and  a  cabinet.  In  March  President 
Cheddi  Jagan  of  the  Peoples'  Progressive  Party  (PPP),  who  had  been  elected  in  1992 
in  the  first  democratic  election  since  1965,  died  suddenly.  Prime  Minister  Samuel 
Hinds  was  sworn  in  as  F*resident  that  month  in  an  orderly  and  peaceful  transition. 
On  December  15,  citizens  voted  in  free,  fair,  and  nonviolent  national  elections.  The 
PPP  won  a  parliamentary  majority,  and  PPP  candidate  Janet  Jagan,  widow  of  the 
late  president,  was  sworn  in  as  President  on  December  19.  However,  the  major  op- 
position party  refused  to  accept  the  election  results  and  initiated  court  action;  at 
year's  end,  arrangements  were  made  for  a  high-level  Caribbean  Community  team 
to  mediate  the  dispute.  There  is  a  constitutionally  independent,  albeit  somewhat  in- 
efficient, judiciary. 

The  Guyana  Defence  Force  (GDF)  and  the  Guyana  Police  Force  (GPF)  are  under 
civilian  control.  The  GPF  has  the  authority  to  make  arrests  and  maintains  law  and 
order  throughout  the  country.  The  GDF  is  a  professional  military  responsible  for  na- 
tional defense,  internal  security,  and  emergency  response.  The  President  deployed 
the  GDF  on  occasion  to  support  police  efforts  to  control  crime.  Members  of  the  police 
committed  human  rights  abuses. 

Guyana  is  a  very  poor  country.  The  economy,  which  for  years  was  centrally 
planned  and  controlled,  is  based  on  a  mix  of  private  and  state  enterprises.  Rice, 
sugar,  bauxite,  and  gold  are  the  major  exports.  Although  annual  economic  growth 
has  averaged  more  than  6  percent  over  the  past  4  years,  the  standard  of  living  for 
most  citizens  is  very  low.  More  than  half  live  in  f>overty,  and  per  capita  gross  do- 
mestic product  is  estimated  at  about  $760.  External  debt  is  high.  There  are  severe 
shortages  of  skilled  labor,  and  the  economy  is  constrained  by  an  inadequate  and 
poorly  maintained  infrastructure  for  transportation,  power  distribution,  flood  con- 
trol, and  communications. 

The  Government's  human  rights  record  remained  the  same.  Extrajudicial  killings 
by  police  were  a  serious  problem,  but  the  authorities  took  steps  to  investigate  and 
punish  some  of  the  perpetrators.  Police  continued  to  abuse  suspects,  and  pnson  con- 
ditions were  poor.  The  inefficient  judicial  system  results  in  long  delays  in  trials  and 
len^hy  pretrial  detention.  Other  human  rights  problems  included  societal  violence 
against  women  and  children,  and  discrimination  against  women,  minorities,  and  in- 
digenous Amerindians.  Some  limitations  on  worker  rights  persist,  but  trade  union 
activity  was  generally  free  of  political  interference. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings.  However,  police  were  responsible  for  numerous  extrajudicial  killings.  The 
Guyana  Human  Rights  Association  (GHRA)  reported  that  police  killed  24  civilians 
through  August,  compared  with  18  in  all  of  1996  and  11  in  1995.  The  Police  Com- 
missioner's office  challenged  this  figure,  saying  that  the  situations  warranted  the 
use  of  lethal  force. 

The  GHRA  and  other  human  rights  activists  have  singled  out  the  GPF's  "impact 
sqpiad"  for  its  especially  violent  tactics.  An  elite  group  of  mobile  teams  formed  in 
1995  to  provide  inmieaiate  response  to  criminal  activity,  the  impact  squad  faces 
many  of  Georgetown's  most  difficult  criminal  situations.  However,  a  number  of  cases 
led  the  human  rights  community  and  the  public  to  question  the  impact  squad's  tech- 
niques and  discipline.  In  January  impact  squad  members  shot  and  kUled  Brindsley 
Davis  near  his  family's  home  in  Georgetown.  The  Police  Commissioner's  office  is- 
sued a  statement  saying  that  Davis  had  attacked  police  officers  with  a  machete  as 
they  were  attempting  to  arrest  him  for  robbery.  However,  family  members  and  other 
eyewitnesses  tola  the  press  that  police  cornered  Davis  in  an  outdoor  bathroom,  or- 
dered him  to  come  out  with  his  hands  in  the  air,  then  shot  him  when  he  complied. 
By  year's  end,  the  Police  Commissioner's  office  had  released  no  further  investigation 
results. 

In  a  similar  case,  relatives  told  the  press  that  police  summarily  executed  Carl 
Fields  in  his  home  in  the  town  of  Agncola  in  January.  According  to  their  state- 
ments, at  least  12  police  officers  entered  Fields'  home,  told  him  to  lie  on  a  bed,  then 
killed  him  with  2  gunshots.  Police  stated  that  Fields  was  wanted  for  robbery.  "The 
coroner's  inquest  papers  were  filed  in  September,  and  a  magistrate's  court  was  ex- 
amining them  at  year's  end  to  determine  criminal  liability. 


540 

In  August  a  member  of  the  impact  squad  shot  and  killed  Adam  Sescotte,  an  es- 
caped prisoner.  According  to  numerous  eyewitnesses,  police  were  taking  Sescotte 
into  custody  when  one  omcer  suddenly  pulled  a  revolver  and  killed  him  with  gun- 
shots to  the  chest  and  head.  The  police  arrested  and  brought  charges  against  the 
officer  in  question. 

In  June  police  shot  and  killed  Poke  Puneshwar,  apparently  without  motive.  Ac- 
cording to  witnesses  who  were  in  a  canoe  with  Puneshwar,  police  fired  multiple 
shots  at  them,  killing  Puneshwar.  The  police  later  issued  a  statement  saying  that 
the  officers  involved  were  in  pursuit  of  smugglers  and  that  the  shooting  was  the  re- 
sult of  a  case  of  mistaken  identity^  The  GHKA,  however,  reported  that  the  police 
were  drunk.  The  commissioner's  oftice  opened  an  investigation  into  the  matter,  and 
the  authorities  arrested  and  brought  charges  against  five  persons. 

The  police  responded  to  these  three  cases  of  alleged  extrajudicial  killings  more 
rapidly  than  in  past  years.  The  Police  Commissioner  and  the  Department  of  Public 
Prosecutions  (DPP)  opened  extensive  investigations,  and  the  DPP  reported  that  the 
police  did  not  interfere  with  its  independent  analysis  of  the  cases.  The  DPP  expects 
those  charged  to  face  trial. 

In  August  family  members  alleged  that  Bonitus  Mark  Winter,  an  Amerindian, 
died  as  a  result  of  a  brutal  police  beating.  According  to  the  family's  complaint,  Win- 
ter was  arrested  on  August  9  on  a  misdemeanor  charge,  allegedly  beaten  into  uncon- 
sciousness, then  thrown  into  the  Brickdam  police  precinct  jail.  He  was  released  on 
August  16,  but  died  of  head  injuries  in  a  hospital  on  August  22. 

Very  poor  prison  conditions  and  inadequate  medical  treatment  contributed  to  the 
death  oi  several  prisoners  (see  Section  I.e.). 

The  CPPs  standing  orders  officially  permit  the  use  of  firearms  onlv  when  other 
means  have  been  exhausted.  However,  many  justice  authorities  and  human  rights 
activists  say  that  because  of  rising  crime  and  pressure  from  urban  businesses,  which 
are  often  the  targets  of  criminals,  the  (jovemment  has  taken  a  lax  attitude  toward 
investigations.  In  general,  police  abuses  are  committed  with  impunity.  The  statu- 
torily independent  Police  Complaints  Authority  (PCA)  is  required  to  transmit  all 
complaints  to  the  police  commissioner,  both  human  rights  groups  and  the  PCA  have 
criticized  the  commissioner  for  his  failure  to  investigate  these  complaints  properly. 
Even  when  police  officers  do  face  charges,  most  of  the  cases  are  heard  by  lower  mag- 
istrate courts,  where  other  specially  trained  police  officers  serve  as  the  prosecutors. 
As  a  result,  no  police  officer  accused  of  committing  a  human  rights  violation  has 
ever  been  convicted  on  criminal  chaises.  Nevertheless,  during  me  year  the  PDF 
moved  to  open  investigations  more  quickly,  and  its  leaders  began  to  take  steps  to 
increase  accountability  for  violence  and  other  abuses  committed  ty  its  members. 

The  courts  made  progress  on  two  cases  that  human  rights  activists  had  cited  as 
examples  of  police  impunity.  In  a  case  that  attracted  much  public  attention,  justice 
officials  dropped  murder  charges  against  lance  corporal  Robert  Beresford,  who  had 
been  charged  with  the  May  1996  killing  of  Jermain  Wilkinson.  However,  after  an 
extensive  mvestigation,  the  DPP  reinstated  the  equivalent  of  second-degree  murder 
charges  against  Beresford,  who  is  expected  to  face  trial  in  1998.  The  trial  of  two 

Eolice  officers  charged  in  September  1996  with  shooting  to  death  GDF  soldier  Ulrich 
ynch  in  New  Amsterdam  began  in  December. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  and  there  were  no  known  incidents  of  it.  How- 
ever, there  were  credible  reports  that  criminal  suspects  were  beaten  severely  while 
in  custody  of  the  GPF.  In  addition,  several  cases  of  wounding  by  the  police  of  citi- 
zens who  were  not  necessarily  criminal  suspects  were  reported.  On  January  17,  a 
police  patrol  detained  Shawn  Williams,  drove  him  to  a  remote  location  out  of  town 
and  allegedly  beat  him  while  he  was  handcuffed.  Williams  reported  that  the  beating 
occurrea  in  the  presence  of  a  senior  police  official.  In  February  Beresford  Dey  suf- 
fered two  broken  ribs  after  police  beat,  kicked,  and  struck  him  with  a  rifle  butt,  ap- 

Sarently  because  he  failed  to  show  them  proper  respect.  In  June  pwlice  shot  taxi 
river  Terrence  Holder  in  the  mouth.  Homer  and  a  passenger  told  the  GHRA  the 
police  were  angry  because  he  had  not  pulled  over  quickly  enough.  In  August  the 
GHRA  met  with  the  Minister  of  Home  Affairs  and  formally  recjuested  investigations 
of  these  and  nearly  90  other  cases  of  excessive  police  force  dating  back  to  1995.  The 
Bourda  market  case,  in  which  constable  Oscar  Cambridge  shot  and  permanently 
crippled  Frankie  Figueira  in  May  1996,  is  also  unresolved. 

Although  the  PCA  is  the  principal  body  charged  with  looking  into  complaints  of 
police  brutality  or  abuse,  it  has  no  power  to  interview  police  officers  or  witnesses 
and  must  rely  on  material  submitted  by  the  police.  The  PCA  refers  cases  of  alleged 
abuse  to  the  Police  Commissioner.  Investigations  of  such  charges  rarely  result  in  se- 
rious disciplinary  action,  and  most  police  abuses  are  committed  with  impunity.  Offi- 


541 

cers  charged  as  a  result  of  complaints  to  the  PCA  are  routinely  suspended  for  a  few 
days  and  sometimes  fined,  but  rarely  jailed.  Critics  of  this  process  complain  that  the 
police  force  is  responsible  for  investigating  itself. 

Prison  conditions  are  overcrowded  and  life-threatening  in  Georgetown's  Camp 
Street  prison,  the  country's  largest.  Conditions  in  the  four  smaller  prisons  are  gen- 
erally adequate.  For  most  of  the  year,  Camp  Street  prison  held  between  900  and 
1,000  prisoners  in  space  initially  designed  to  hold  350.  Through  August  eig^t  per- 
sons died  in  prison,  most  from  diseases  such  as  tuberculosis,  pneumonia,  and  AIDS. 
While  many  enter  prison  with  these  conditions,  prison  authorities  admit  that  over- 
crowding contributes  to  the  spread  of  disease.  In  August  inmates  in  the  second  larg- 
est prison,  at  Mazaroni,  rioted  and  destroyed  three  of  the  facility's  buildings.  Accord- 
ing to  press  reports,  one  prisoner  died  in  the  disturbance,  and  the  Government  was 
forced  to  move  100  more  inmates  to  Camp  Street.  The  only  women's  prison  is  at 
New  Amsterdam,  a  facility  that  holds  men  and  women  in  separate  dormitory-type 
buildings. 

In  January  magistrate  Cecil  Sullivan  and  director  of  prisons  Cecil  Kilkenny 
opened  investigations  into  the  death  of  Leon  Stewart,  who  had  allegedly  died  be- 
cause of  Camp  Street's  overcrowded  conditions.  Kilkenny  eventually  released  a 
statement  saying  that  Stewart  had  had  a  history  of  previous  illness;  however,  Kil- 
kenny did  not  deny  that  overcrowding  may  have  contributed  to  the  death,  and  he 
reported  that  prisoners  who  became  ill  or  who  were  iiyured  often  went  months  with- 
out receiving  a  doctor's  treatment.  The  Government  reacted  to  Kilkenny's  report  by 
assigning  more  full-time  nurse  practitioners  and  pharmacists  to  the  prison  system 
and  Tby  requiring  that  doctors  visit  prisons  more  regularly.  Prison  directors  and  in- 
mates reported  mat,  over  the  course  of  the  year,  medical  coverage  improved. 

In  addition  to  overcrowding  and  a  lack  of  medical  personnel,  poor  staff  morale  is 
a  serious  problem  within  the  prison  system.  The  GHKA  reports  that  prison  staffers 
are  poorly  paid,  and  that  their  salaries  and  benefits  do  not  compensate  for  the  on- 
the-job  risks.  Prison  oflicials  lobbied  the  Government  for  increased  funding  to  im- 
Srove  prison  conditions.  Prison  officials  were  receptive  to  local  and  international 
[GO's  requests  to  enter  and  inspect  prison  facilities  and  encouraged  NGO-spon- 
sored  efforts  to  improve  physical  and  sanitary  conditions. 

The  GHRA  participates  as  a  member  of  the  prisons'  visiting  committee,  which  in- 
vestigates prisoner  complaints,  inspects  diets,  reviews  primary  medical  care  serv- 
ices, and  provides  recommendations  to  prison  authorities.  The  GHRA  also  partici- 
pated in  training  and  development  programs  for  prison  staff  and  a  family  visit  pro- 
gram for  children  of  female  inmates  in  the  New  Amsterdam  prison. 

Although  sanitary  and  medical  conditions  in  police  station  temporary  holding  fa- 
cilities vary  from  station  to  station,  in  most  cases  these  conditions  are  worse  than 
in  the  prisons.  Some  such  jails  are  bare,  overcrowded,  and  damp.  Few  have  beds, 
wash  basins,  ftimiture,  or  utensils.  Diets  and  food  preparation  are  of  inconsistent 
equality.  Each  cell  can  have  up  to  five  persons,  but  rarely  a  toilet.  Inmates  are  some- 
times escorted  by  staff  members  outside  the  cells  to  use  holes  in  the  fioor  for  toilets. 
Inmates  generedly  sleep  on  a  thin  pallet  on  the  concrete  floor.  The  East  La  Peni- 
tence police  jail,  where  female  prisoners  are  held  until  sentencing,  is  below  standard 
compared  to  other  jails  and  prisons  in  the  country.  Although  precinct  jails  are  in- 
tended to  serve  only  as  pretrial  holding  areas,  some  suspects  have  languished  there 
as  long  as  4  years,  waiting  for  the  overburdened  judicial  system  to  take  action  on 
their  cases. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  provides  that  no  person 
may  be  deprived  of  personal  liberty  except  as  authorized  by  law  and  requires  judi- 
cial determination  of  the  legality  of  detention,  a  mandate  that  the  authorities  gen- 
erally respected  in  practice. 

Arrest  does  not  require  a  warrant  issued  by  a  court  official.  Police  may  arrest 
without  a  warrant  wnen  an  officer  witnesses  a  crime  or  at  the  officer's  discretion 
in  instances  where  there  is  good  cause  to  suspect  that  a  crime  or  a  breach  of  the 

geace  has  been  or  will  be  committed.  The  law  requires  that  a  person  arrested  and 
eld  for  more  than  24  hours  be  brought  before  a  court  to  be  cnarged.  Bail  is  gen- 
erally available,  except  in  capital  offense  cases.  In  narcotics  cases,  magistrates  have 
limited  discretion  in  granting  bail  before  trial  but  must  remand  persons  convicted 
on  narcotics  crimes  into  custody,  even  if  an  appeal  is  pending. 
Exile  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  generally  respects  this  provision  in  practice. 

The  court  system  is  composed  of  a  High  (Supreme)  Court,  a  national  court  of  ap- 
peal, and  a  system  of  magistrate  courts  that  nave  branches  in  the  various  regions 
of  the  country. 


542 

Magistrates  are  members  of  the  civil  service  and  are  trained  lawyers.  The  mag- 
istrate courts  deal  with  both  criminal  and  civil  matters.  The  Ministry  of  Legal  M- 
fairs  headed  by  the  Attorney  General  is  the  principal  legal  advisor  to  the  State.  The 
Director  of  Phiblic  F*rosecution  is  statutorily  independent  and  can  file  legal  charges 
against  ofTenders.  The  Constitution  provides  that  anyone  charged  with  a  criminal 
offense  has  the  right  to  a  hearing  by  a  court  of  law.  This  right  is  respected  in  prac- 
tice. 

Delays  in  judicial  proceedings  are  caused  by  shortages  of  trained  court  personnel 
and  magistrates,  inadequate  resources,  postponements  at  the  request  of  the  defense 
or  prosecution,  occasional  alleged  acts  of  bribery,  and  the  slowness  of  police  in  pre- 
paring cases  for  trial.  The  inefficiency  of  the  judicial  system  is  so  great  as  to  under- 
mine due  process.  The  GHRA  asserted  that  prisoners  are  often  detained  for  3  or  4 
years  while  awaiting  trial;  however,  the  authorities  denied  that  delays  were  this 
long.  Defendants  are  granted  public  trials,  and  appeal  may  be  made  to  higher 
courts.  Appeals  of  some  murder  cases  have  experienced  long  delays.  Trial  postpone- 
ments are  routinely  granted  to  both  the  defense  and  the  prosecution.  However,  pro- 
grams designed  to  improve  legal  structures,  reform  judicial  procedures,  upgrade 
technical  capabilities,  and  improve  efficiency  of  the  courts  are  having  a  positive  ef- 
fect. 

Although  the  law  recognizes  the  right  to  legal  counsel,  in  practice,  with  the  excep- 
tion of  capital  crimes,  it  has  been  limited  to  those  who  can  afford  to  pay.  The 
Georgetown  Legal  Aid  Clinic,  with  public  and  private  support,  provides  advice  to 
people  who  cannot  afford  a  lawyer,  with  a  special  interest  in  cases  of  violence 
ag£dnst  women  and  criminal  cases  related  to  civil  cases  in  such  matters  (e.g.,  as- 
sault as  part  of  a  divorce  case).  The  Government  provides  a  small  cash  grant  for 
the  clinic  as  well  as  the  services  of  a  lawyer  from  the  Attorney  General's  office. 
Apart  from  these  efforts,  very  few  lawyers  provide  free  services  in  criminal  cases. 
Defendants  in  murder  cases  who  need  a  lawyer  are  assigned  an  attorney  by  the 
court.  The  Guyana  Association  of  Women  Lawyers  provides  free  legal  services  for 
civil  cases  only. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  these  rights,  and  the  (jovemment  generally  respects  them 
in  practice.  Law  enforcement  officials  must  obtain  legal  warrants  before  searching 
private  homes  or  properties.  Although  the  authorities  generally  respected  these  re- 
quirements, there  were  numerous  reports  of  police  officers  searching  homes  without 
warrants,  particularly  in  neighborhoods  where  narcotics  trafficking  is  a  problem. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  respects  these  rights  in  practice.  Citizens 
openly  criticize  the  government  and  its  policies. 

The  Government's  daily  newspaper,  the  Guyana  Chronicle,  covers  a  broad  spec- 
trum of  political  and  nongovernmental  groups.  The  independent  Stabroek  News  con- 
tinued to  publish  daily,  and  a  wide  range  of  religious  groups,  political  parties,  and 
journalists  publish  a  lively  variety  of  privately  owned  weekly  newspapers. 

While  the  printed  press  flourished,  a  growing  number  of  journalists  charged  the 
Government  with  failure  to  respect  freedom  of  the  electronic  media.  There  are  only 
three  licensed  radio  stations,  all  of  which  are  government-owned  and  -operated.  Pri- 
vate interests  alleged  that  the  Government  either  denied  or  failed  to  respond  to 
more  than  20  requests  for  radio  frequency  authorizations.  The  Government  main- 
tained that  it  is  unable  to  grant  frequencies  to  private  stations  because  there  is  no 
legislation  governing  their  allocation.  Despite  a  similar  lack  of  legislation  to  govern 
television  frequencies,  however,  there  were  17  independent  television  stations  in  ad- 
dition to  the  government  station. 

The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  and  the  Government  generally  respects  this  ri^t.  The  Public 
Order  Act  requires  police  permits  for  mass  political  meetings.  The  Police  Commis- 
sioner has  the  authority  to  refuse  permission  for  a  public  meeting  if  he  believes  that 
it  will  provoke  a  breach  of  the  peace.  In  cases  of  refusal,  applicants  can  appeal  to 
the  Minister  of  Home  Affairs  whose  decision  on  the  matter  is  final.  Political  parties 
and  other  groups  held  public  meetings  and  rallies  throughout  the  country  without 
hindrance. 

The  Constitution  also  provides  for  freedom  of  association,  and  the  Government 
generally  respects  this  right. 


543 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  Members  of  all  faiths  are  allowed  to  wor- 
ship freely,  and  there  are  no  restrictions  on  foreign  religious  proselytising. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  of  movement  within  Guyana. 
Travel  to  Amerindian  areas  requires  government  permission,  the  result  of  a  law  dat- 
ing from  colonial  times  designed  to  protect  the  indigenous  people  from  exploitation. 
In  practice,  however,  most  people  travel  throughout  these  areas  without  regard  to 
the  formality  of  a  permit.  Citizens  are  free  to  travel  abroad,  to  emigrate,  and  to  re- 
turn. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. The  Government  does  not  have  a  fixed  policy  on  refugees  or  asylum  but  is 
studying  draft  model  le^slation  prepared  by  the  UNHCR.  The  issue  of  provision  of 
first  asylum  did  not  anse;  there  were  no  reports  of  forced  return  of  persons  to  a 
country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  enjoy  this  right  and  exercised  it  in  free,  fair,  and  nonviolent  elections 
held  on  December  15.  The  unicameral  Parliament  is  chosen  by  direct  election  in  a 
multiparty  pwUtical  system  based  on  proportional  representation.  Any  citizen  18 
years  or  older  can  register  to  vote.  The  leader  of  the  party  that  obtains  a  plurality 
of  seats  in  Parliament  during  national  elections  becomes  President,  with  a  5-year 
term  of  ofiice,  unless  the  party  loses  control  of  Parliament  or  calls  elections  earlier. 
The  President  appoints  a  cabinet  and  a  Prime  Minister  who,  with  the  President,  ex- 
ercise executive  power.  Citizens  are  free  to  join  or  support  political  parties  of  their 
choice  and  established  nearly  20  new  ones  in  1996. 

In  addition  to  choosing  a  president,  voters  elected  a  new  Parliament,  in  which  4 
political  parties  were  represented.  The  two  major  parties — the  PPP  and  the  People's 
National  Congress  (PNC) — are  largely  formed  by  Indo-Guyanese  and  Afro-Guyanese, 
respectively.  As  was  the  case  during  national  elections  in  1992,  local  and  foreign 
independent  observers  judged  the  election  to  be  free  and  fair.  However,  the  leac^r 
of  the  PNC  stated  that  his  party  would  not  accept  the  election  results,  alleging  that 
they  were  ringed.  The  PNC  initiated  court  action  and  called  on  its  supporters  to 
demonstrate  in  the  streets.  These  remained  largely  peaceful  and  ceased  after  a  hi^- 
level  team  from  the  Caribbean  Community  arrived  in  early  January  1998  to  mediate 
the  dispute. 

There  are  no  legal  impediments  to  participation  of  women  or  minorities  in  the  po- 
litical process,  but  they  are  underrepresented  in  government  and  politics.  The  19- 
person  cabinet  included  3  women,  and  the  country's  second-highest  judge  is  a 
woman.  The  72-member  Parliament  included  12  women  and  10  Amerindians,  rep- 
re8enting_both  major  parties.  As  a  result  of  the  December  elections,  for  the  first 
time  the  President  is  a  woman. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Guyana  Human  Rights  Association,  the  most  active  local  human  rights  group, 
functioned  without  government  interference. 

The  GHRA  is  a  nongovernmental  organization  (NGO)  formed  in  1979  with  the 
participation  of  trade  unions,  professional  organizations,  various  ethnic  groups,  and 
churches.  It  issues  periodic  press  releases  and  publishes  an  annual  report  on  numan 
rights  in  Guyana.  Various  local  church  and  neighborhood  groups  formed  to  criticize 
the  Government's  human  rights  policies  or  to  demand  action;  the  Government  did 
not  hinder  their  activities.  Members  of  the  Gkjvemment  openly  discussed  human 
rights  issues  and  made  public  statements  in  response  to  foreign  and  local  human 
rights  reports.  The  authorities  did  not  interfere  with  the  activities  of  human  rights 
groups. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  fundamental  rights  for  all  persons  regardless  of  race, 
sex,  religion,  or  national  origin.  However,  the  Government  does  not  always  enforce 
these  provisions  effectively. 

Women. — Violence  against  women,  including  domestic  violence,  is  a  significant 

Eroblcm.  Rape  is  common,  and  health  professionals  report  a  high  incidence  of  incest, 
awyers  say  that  more  victims  are  reporting  these  crimes  to  the  authorities,  al- 
though there  is  still  a  social  stigma  attached  to  them.  The  police  are  sometimes 
hesitant  to  interfere  in  cases  of  domestic  disputes.  Because  of  their  economic  cir- 


544 

cumstances  and  the  shortage  of  family  shelters,  victims  of  domestic  violence  are 
often  trapped  in  their  homes  with  their  abusers.  In  December  1996,  Parliament 
passed  a  law  defining  domestic  violence  and  establishing  it  as  a  crime.  The  authori- 
ties brought  charges  against  three  men  under  the  new  law's  provisions;  two  were 
tried  and  imprisoned.  The  Ministry  of  Labor  has  conducted  seminars  to  educate  men 
and  women  on  the  issues  of  domestic  violence  and  women's  rights.  A  local  NGO  has 
opened  a  shelter,  which  also  provides  women  with  legal  and  other  counseling.  In  De- 
cember the  Government  opened  a  second  shelter  for  battered  women  and  victims  of 
rape  and  incest. 

In  November  Parliament  approved  the  Antidiscrimination  Act,  which  builds  upon 
the  provisions  of  the  1990  Equal  Rights  Act.  The  two  laws  provide  a  strengthened 
framework  under  which  women  and  minorities  may  seek  redress  for  discriminatory 
acts  or  practices.  There  is  no  le^al  protection  against  sexual  harassment  in  the 
workplace.  Legislation  prohibits  dismissal  on  thegrounds  of  pregnancy,  and  dismis- 
sal on  such  grounds  does  not  occur  in  practice.  The  Women's  Affairs  Bureau  of  the 
Ministry  of  Labor,  Human  Services,  and  Social  Security  monitors  the  legal  rights 
of  women.  In  December  the  Grovemment  opened  the  Women's  Leadership  institute, 
which  seeks  to  provide  training  and  promote  greater  participation  by  women  in  gov- 
ernment and  the  private  sector. 

Legislation  passed  by  Parliament  in  1990  protects  women's  property  rights  in 
common  law  marriages  and  entitles  a  woman  who  separates  or  divorces  to  one-half 
the  couple's  property  if  she  had  been  working  and  one-third  of  the  property  if  she 
had  been  a  housewife.  Divorce  by  consent  remains  illegal.  Legislation  also  gives  au- 
thority to  the  courts  to  overturn  a  man's  wiU  in  the  event  that  it  does  not  provide 
for  his  wife,  as  long  as  she  was  dependent  on  him  for  financial  support. 

Children. — ^An  estimated  three-quarters  of  the  population  lives  in  poverty,  and 
children  are  more  severely  affected  than  any  other  group.  Although  the  Government 
provides  free  education  through  secondary  school,  the  severe  deterioration  of  the 
pubUc  education  and  health  care  systems  has  stunted  children's  futures.  The  public 
health  system  is  inadequate  and  for  many  children  private  health  care  is 
unaffordable.  Children  are  often  not  given  the  opportunity  to  attend  school  because 
their  families  need  them  to  contribute  to  running  the  household  by  working  or  pro- 
viding child  care. 

Concern  continues  to  rise  over  the  effects  of  domestic  violence  on  children.  The 
GHRA  learned  that  three  children  died  in  the  first  3  months  of  1997  as  a  result 
of  child  abuse,  and  it  believes  that  other  deaths  occurred  but  were  unreported.  Law 
enforcement  officials  added  that  the  vast  majority  of  criminal  child  abuse  cases  went 
unreported.  Media  reports  of  rape  and  incest  further  indicated  that  violence  against 
children  is  a  significant  problem.  The  administration  of  justice  for  children  is  char- 
acterized by  a  system  that  lacks  social  services  or  trained  experts  to  deal  with  chil- 
dren fleeing  sexual,  physical,  or  emotional  abuse.  Many  children  also  suffer  from  ne- 
glect or  abandonment  in  a  society  where  3  percent  of  the  population  emigrates  each 
year,  often  leaving  children  behind. 

People  With  Disabilities. — The  lack  of  appropriate  infrastructure  to  provide  access 
to  both  public  and  private  facilities  makes  it  very  difficult  to  employ  the  disabled 
outside  their  homes.  There  is  no  law  mandating  provision  of  access  for  people  with 
disabilities. 

There  are  several  special  schools  and  training  centers  for  the  disabled,  but  they 
lack  trained  staff  and  are  in  disrepair. 

Indigenous  People. — Most  of  the  small  Amerindian  population,  composed  of  nine 
tribal  groups,  live  in  reservations  and  villages  in  remote  parts  of  the  interior.  Their 
standard  of  living  is  much  lower  than  that  of  most  citizens,  and  their  ability  to  par- 
ticipate in  decisions  affecting  their  lands,  cultures,  traditions,  and  the  allocation  of 
natural  resources  is  limited. 

Amerindian  life  is  regulated  by  the  Amerindian  Act,  legislation  dating  from  colo- 
nial times  designed  to  protect  indigenous  people  from  exploitation.  The  act  gives  the 
Government  the  power  to  determine  who  is  an  Amerindian  and  what  is  an  Amer- 
indian community,  to  appoint  Amerindian  leaders,  and  to  annul  decisions  made  by 
Amerindian  councils.  It  also  prohibits  the  sale  of  alcohol  to  Amerindians  and  re- 
quires government  permission  before  any  Amerindian  can  accept  formal  employ- 
ment, although  these  provisions  generally  are  not  enforced.  Both  individuals  and 
Amerindian  groups  remain  free  to  criticize  the  Government. 

The  Government  has  long  maintained  that  it  is  committed  to  legally  demarcating 
lands  that  have  traditionally  been  the  homes  of  Amerindians.  It  has  identified  a 
total  of  78  such  villages  and  reservations,  but  despite  the  late  President  Jagan's 
promise  at  an  international  meeting  in  February  1996  to  speed  the  process,  only  1 
of  these  areas  has  been  legally  demarcated.  In  September  President  Hinds  renewed 
the  promise  to  speed  the  demarcation  process,  but  many  Amerindians  and  NGO's 


545 

feel  that  the  Ministry  of  Amerindian  Affairs  does  not  have  adequate  funding  or  tech- 
nical capacity  to  carry  out  the  demarcation. 

A  serious  allegation  of  physical  abuse  and  exploitation  of  Amerindians  was  re- 
ported in  1997.  In  February  opposition  parliamentarian  Matheson  Williams  alleged 
that  members  of  an  organized  group  in  Supenaam  and  Danielstown  were  raping 
Amerindian  women.  He  said  he  had  interviewed  17  women  who  reported  that  they 
had  been  taken  to  a  remote  airstrip  and  gang  raped.  Williams  called  on  the  Min- 
istries of  Amerindian  Affairs  and  Labor  to  investigate  the  charges;  he  reported  that 
one  man  was  charged  with  rape,  but  by  year's  end  the  Gkjvemment  had  produced 
no  report  concerning  the  incidents. 

National  I  Racial  [Ethnic  Minorities. — Longstanding  ethnic  tensions,  primarily  be- 
tween citizens  of  African  and  Indian  descent,  continued  to  influence  society  and  po- 
litical life.  Historical  patterns  of  social  oi*ganization  have  resulted  in  social  and  po- 
litical organizations  coalescing  around  ethnic  groups.  This  pattern  of  racial  and  eth- 
nic grouping  has  become  politicized  over  the  years,  polarizing  society  along  ethnic 
lines.  Discrimination  and  exclusion  continue  to  occur. 

Some  Indo-Guyanese  allege  that  the  1965-92  PNC  government  established  a  pat- 
tern of  racial  discrimination  in  favor  of  the  Afro-Guyanese.  However,  some  Afro- 
Guyanese  now  allege  that  they  sufTer  racial  discrimination  and  "political  victimiza- 
tion" by  the  predominantly  Indo-Guyanese  PPP,  which  they  say  directs  benefits  and 
opportunities  to  its  supporters.  The  civil  service  and  defense  and  police  forces  are 
overwhelmingly  stafFed  by  Afro-Guyanese.  Recruitment  efforts  targeted  at  Indo-Guy- 
anese candidates  for  the  uniformed  services  generally  have  met  with  an 
unenthusiastic  response,  with  most  qualified  Indo-Guyanese  candidates  opting  for  a 
business  or  professional  career  over  military,  police,  or  public  service.  The  chief  of 
staff  of  the  Guyana  Defence  Force  is  Indo-Guyanese  and  there  are  other  Indo-Guya- 
nese officers  in  both  the  GDF  and  the  police  force.  The  Government  sponsored  var- 
ious forums  for  discussion  of  racial  problems  and  to  promote  inclusion.  It  supported 
the  work  of  NGO's  that  deal  with  these  concerns. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  of  association 
and  specifically  enumerates  workers'  ri^ts  to  form  or  belong  to  trade  unions.  In  No- 
vember the  Government  enacted  the  Trade  Unions  Recognition  Law,  which  requires 
employers  to  recognize  the  union  chosen  by  a  majority  oi  the  workers;  the  law  takes 
effect  in  1999. 

Approximately  34  percent  of  the  work  force  is  unionized.  Most  union  members 
work  in  the  public  sector  and  in  state-owned  enterprises.  Organized  labor  freely  as- 
sociates in  one  major  national  federation,  the  Guyana  Trades  Union  Congress 
(TUC),  which  is  composed  of  22  unions.  There  is  a  tradition  of  close  ties  between 
the  trade  union  movement  and  political  parties. 

Historically,  the  two  major  political  parties  wielded  significant  influence  over  the 
leadership  of  several  unions,  and  trade  union  officials  oiten  served  in  dual  roles  as 
party  officials.  Although  this  still  occurs,  it  is  less  common. 

Workers  have  a  generally  recognized  right  to  strike.  Strikes  can  be  declared  ille- 
gal if  the  union  leadership  did  not  approve  them,  or  they  did  not  meet  the  require- 
ments specified  in  collective  bargaining  agreements.  Public  employees  providing  es- 
sential services  may  strike  if  they  provide  the  proper  notice  to  the  Ministry  of  Labor 
and  leave  a  skeletal  staff  in  place.  There  were  few  strikes  in  1997,  and  none  of  those 
that  did  occur  were  prolonged  or  considered  to  be  illegal. 

There  was  no  legislation  prohibiting  retaliation  against  strikers  or  antiunion  dis- 
crimination by  employers.  However,  this  principle  was  always  included  by  the  Gov- 
ernment in  the  terms  of  resumption  after  a  strike.  The  new  law  scheduled  to  take 
effect  in  1999  defines  and  places  limits  on  the  retaliatory  actions  employers  may 
take  against  strikers.  Arbitration  rulings,  whenever  agreed  to  by  the  contending 
parties,  are  legally  enforceable. 

Unions  and  their  federations  freely  maintain  relations  with  recognized  Caribbean 
and  international  trade  union  and  professional  groups.  All  three  of  the  major  inter- 
national trade  union  federations  have  affiliates  in  Guyana. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Public  and  private  sector  em- 
ployees possess  and  utilize  the  generally  accepted  right  to  organize  and  to  bargain 
collectively.  The  Ministry  of  Labor  certifies  all  collective  bargaining  agreements  and 
has  never  refused  to  do  so.  Until  enactment  of  the  new  bill,  however,  this  right  was 
not  codified,  and  employers  were  not  legally  required  to  recognize  unions  or  to  bar- 
gain with  them. 

Individual  unions  directly  negotiate  collective  bargaining  status,  pursuant  to  the 
1993  repeal  of  a  regulation  that  required  that  all  collective  bargaining  be  negotiated 


546 

through  the  TUC.  Unions  are  dissatisfied  with  a  provision  granting  the  Ministry  of 
Finance  veto  power  over  wage  contracts  negotiated  by  other  ministries. 

The  Chief  Labor  Officer  and  the  staff  of  the  Ministry  of  Labor  provide  consulta- 
tion, enforcement,  and  conciliation  services.  The  Ministry  eliminated  a  backlog  of 
Sending  cases,  but  insufficient  manpower  and  transportation  continued  to  limit  the 
linisto^s  ability  to  function. 
There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  prohibits  forced 
or  compulsory  labor,  and  there  is  no  indication  that  it  occurs.  The  Government  pro- 
hibits lorced  or  bonded  labor  by  children,  and  enforces  this  prohibition  effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  Fac- 
tories Act  and  the  Employment  of  Young  Persons  and  Children  Act  set  out  mini- 
mum age  requirements  for  employment  of  children.  Legally,  no  person  under  age 
14  may  De  employed  in  any  industrial  undertaking  and  no  person  under  age  16  may 
be  employed  at  night,  except  under  regulated  circumstances.  The  Government  pro- 
hibits forced  or  bonded  labor  by  children,  and  enforces  this  prohibition  effectively. 
The  law  permits  children  under  age  14  to  be  employed  only  in  enterprises  in  which 
members  of  the  same  family  are  employed.  However,  it  is  common  to  see  very  young 
chUdien  engaged  in  street  trading  in  the  capital.  While  cognizant  of  the  situation, 
the  Ministry  of  Labor  does  not  employ  sufficient  inspectors  to  enforce  existing  laws 
effectively. 

e.  Acceptable  Conditions  of  Work. — The  Labour  Act  and  the  Wages  Councils  Act 
allow  the  Labor  Minister  to  set  minimum  wages  for  various  categories  of  private 
enaployers.  The  minimum  public  sector  wage  is  $2.20  (G$307.84)  per  day.  Although 
enforcement  mechanisms  exist,  it  is  difficult  to  put  them  into  practice,  and  unorga- 
nized workers,  particularly  women  and  children,  are  often  paid  less  than  what  is 
legally  required.  The  legal  minimum  wage  for  the  public  sector  is  insufficient  to  pro- 
vide an  adequate  standard  of  living  for  worker  and  family. 

The  Shops  Act  and  the  Factories  Act  set  hours  of  employment,  which  vary  by  in- 
dustry ana  sector.  In  general,  work  in  excess  of  an  8-hour  day  or  a  44-hour  week 
requires  pajonent  of  an  overtime  rate.  However,  if  the  initial  contract  stipulates  a 
48  hour  workweek,  then  the  overtime  rate  applies  only  for  hours  worked  in  excess 
of  48  hours.  The  law  does  not  provide  for  at  least  a  24-hour  rest  period. 

The  Factories  Act  also  sets  forth  workplace  safety  and  health  standards.  The  Oc- 
cupation Health  and  Safety  Division  of  the  Ministry  of  Labor  is  charged  with  con- 
ducting factory  inspections  and  investigating  complaints  of  substandard  woricplace 
conditions.  As  with  its  other  responsibilities,  inadequate  resources  prevented  the 
Ministry  from  effectively  carrying  out  this  function.  Woricers  cannot  remove  them- 
selves from  dangerous  work  situations  without  jeopardizing  continued  employment. 


HAITI 


Haiti's  second  democratically  elected  President,  Rene  Preval,  celebrated  his  first 
anniversary  in  office  on  February  7,  the  first  time  a  democratically  elected  president 
reached  that  milestone.  The  bicameral,  110-member  National  Assembly  snowed  its 
independence  by  amending  bills  presented  by  the  Government,  summoning  the 
Prime  Minister  in  March  for  a  vote  of  confidence,  and  not  approving  the  President's 
nominees  for  the  post  of  prime  minister  in  August  and  December.  The  political  situ- 
ation remained  unsettled  following  the  June  resignation  of  the  Prime  Minister,  who 
still  had  not  been  replaced  at  year's  end.  Mayors  and  local  councils  elected  in  1995 
reflected  broad,  popular  participation  in  democratic  local  government.  Elections  for 
some  complementary  local  government  bodies  called  for  in  the  1987  Constitution 
were  held  for  the  first  time  beginning  in  April.  These  elections  culminated  on  Octo- 
ber 3  in  the  election  of  an  Interdepartmental  Council,  which  is  to  function  as  a  liai- 
son between  the  provinces  and  the  executive  branch.  Members  of  the  communal  sec- 
tion assemblies,  or  ASEC's,  took  office  in  August,  although  the  majority  party 
charged  that  the  Provisional  Electoral  Council  had  committed  fraud  in  favor  of  an- 
other party  in  the  elections  for  these  bodies  and  the  Senate.  At  year's  end,  the  April 
elections  remained  embroiled  in  controversy,  pending  resolution  of  partisan  dif- 
ferences. The  judicial  system — while  theoretically  independent — remained  weak,  dis- 
organized, and  corrupt  after  decades  of  government  interference,  financial  neglect, 
and  corruption. 

The  2-year-old  civilian  Haitian  National  Police  (HNP)  continued  to  form  needed 
specialized  units  and  formally  absorbed  the  National  Penitentiary  Administration 
(APENA)  in  accordance  with  the  Constitution.  In  August  international  military 
units  withdrew  from  the  Palace,  and  responsibility  for  the  security  of  the  President 


547 

and  Government  passed  to  the  HNP  palace  security  units.  Over  the  course  of  the 
year,  the  HNPs  leadership,  in  cooperation  with  the  international  community,  under- 
took a  serious  training  and  development  effort  to  improve  officers'  skills,  increase 
accountability,  and  bnng  the  force  into  compliance  with  international  standards. 
The  United  Nations  Support  Mission  in  Haiti  (UNSMEH)  was  converted  to  the  U.N. 
Transition  Mission  in  Haiti  (UNTMIH)  in  August,  with  about  1,200  peacekeeping 
troops  and  250  civilian  police  responsible  for  assisting  the  Government  to  maintain 
a  secure  and  stable  environment  and  advising  the  HNP.  The  UNTMIH's  mandate 
expired  on  November  30.  The  U.N.  Police  Mission  in  Haiti  (MIPONUH),  with  290 
police  officers  from  11  countries,  succeeded  UNTMIH  on  December  1  with  a  1-year 
mandate  to  advise,  train,  and  support  the  professionalization  of  the  HNP.  Several 
mayors  maintained  quasi-official  forces  to  serve  as  municipal  police.  These  groups 
lack  legal  standing,  authority  to  carry  weapons,  or  legitimate  fx)wers  of  arrest.  The 
Port-au-Prince  extralegal  force  is  said  to  number  several  dozen  persons;  that  of 
Delmas,  an  adjoining  suburb,  about  30.  The  mayors  of  several  other  towns  have 
much  smaller  corps.  Some  members  of  local  government  councils  (CASEC's)  have  as- 
sumed arrest  autnority  in  defiance  of  the  law.  Members  of  the  HNP,  the  other  secu- 
rity forces,  and  the  informal  municipal  police  committed  some  serious  human  rights 
abuses. 

Haiti  is  an  extremely  poor  country,  with  a  per  capita  annual  income  of  about 
$300.  This  figure  may  not  fully  include  significant  unrecorded  transfers  from  the  es- 
timated 1  million  Haitians  living  abroad,  as  well  as  income  from  informal  sector  ac- 
tivities that  constitute  an  estimated  70  percent  of  actual  economic  activity.  The 
country  has  a  market-based  economy  with  state  enterprises  controlling  such  key  sec- 
tors as  telecommunications  and  utilities.  A  formal  privatization  strategy  is  slowly 
being  implemented  for  nine  parastatal  enterprises.  About  two-thirds  oi  the  popu- 
lation work  in  subsistence  agriculture,  earn  less  than  the  average  income,  and  live 
in  extreme  poverty.  A  small,  traditional  elite  controls  much  of  the  country's  wealth. 
A  small  part  of  the  urban  labor  force  works  in  the  industrial  and  assembly  sectors, 
with  an  equal  number  in  government  or  service  sector  employment.  Assembled 
goods — textiles,  leather  goods,  handicrafts,  and  electronics — are  a  major  source  of 
export  revenue  and  employment.  Other  impwrtant  exports  are  mangoes  and  coffee. 
The  Government  relies  heavily  on  international  financial  assistance. 

The  Government  generally  respected  the  human  rights  of  its  citizens;  however,  a 
significant  number  of  serious  abuses  occurred,  and  some  abuses  increased  in  fre- 
quency during  the  year.  The  police  summarily  executed  at  least  six  persons.  Police 
officers  shot  and  killed  11  persons  while  making  arres'^s  or  controlling  demonstra- 
tions and  wounded  at  least  17  others  in  these  situations.  Police  were  also  respon- 
sible for  instances  of  torture  and  at  least  189  cases  of  mistreatment  of  detainees, 
including  repeated,  severe  beatings,  and  a  mock  execution.  Poor  prison  conditions 
and  arbitrary  arrest  and  detention  remained  problems.  The  HNP  Director  General, 
following  the  recommendations  of  his  Inspector  General,  fired  at  least  21  police 
agents  for  human  rights  abuses;  he  referred  9  of  these  cases  to  the  Public  Prosecu- 
tor. The  police  leadership  made  some  progress  in  ad^^r-essing  management  weak- 
nesses, which  limit  accountability  for  police  misconduct,  but  many  senior  and  mid- 
level  positions  remained  unfilled. 

The  judiciary  is  weak  and  corrupt.  The  Senate  and  Chamber  of  Deputies  had  not 
yet  taken  final  action  on  a  judicial  reform  bill  by  year's  end;  however,  the  draft  bill 
stipulates  no  precise  measures  to  bring  about  reform.  The  near-moribund  judicial 
system  remained  incapable  of  processing  detainees  in  accordance  with  the  law,  and 
a  large  proportion  of  crimes,  including  some  that  may  have  had  political  motiva- 
tions, remain  unsolved.  The  authorities  arrested  an  opposition  politician  in  Novem- 
ber on  accusations  of  plotting  to  assassinate  the  President;  they  released  him  provi- 
sionally a  month  later.  The  authorities  maintained  in  illegal  detention  some  persons 
arrested  in  1996  who  were  members  of  the  political  opposition.  The  clogged  judicial 
docket,  lengthy  pretrial  detention,  and  illegal  searches  also  contributed  to  wide- 
spread human  rights  violations.  Societal  discrimination  against  women,  violence 
against  women,  and  abuse  of  children  remain  problems,  particularly  the  widespread 
practice  of  rural  families  sending  young  children  to  the  larger  cities  to  work  as  un- 

{>aid  domestics  (restaveks).  Vigilante  activity — including  killings — remained  a  prob- 
em. 

The  Government's  limited  effort  to  redress  the  legacy  of  human  rights  abuse  from 
the  1991-94  period  met  largely  with  failure.  Important  cases,  such  as  those  from 
the  1994  Raboteau  killings,  languished  in  the  courts.  Judicial  officials  failed  to  begin 
processing  many  other  complaints  involving  human  rights  abuses,  although  a  lew 
convictions  were  obtained.  The  Justice  Ministry  did  not  widely  disseminate  the  re- 
port of  the  National  Truth  and  Justice  Commission  and  did  not  implement  its  rec- 
ommendations. In  particular,  although  the  budget  included  funds  to  compensate  vie- 


548 

tims  (and  their  survivors)  of  the  1991-94  period  of  military  rule,  the  Government 
disbursed  none  of  these  funds.  However,  on  November  4  the  Government  opened  the 
office  of  Protector  of  Citizens,  an  autonomous  oflice  established  by  the  1987  Con- 
stitution. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Extrajudicial  killings  by  the  authori- 
ties decreased  compared  with  1996,  according  to  UNSMIH  reports,  the  HNP  Insp>ec- 
tor  General,  and  other  sources.  In  late  April  and  early  May,  police  removed  at  least 
three  men  from  detention  in  the  Cite  Soleil  police  station  and  shot  them,  according 
to  information  collected  by  the  UN/OAS  International  Civilian  Mission  (ICM).  An 
ICM  investigation  also  found  that  two  gang  leaders  from  Cite  Soleil,  reported  to 
have  died  in  the  hospital  from  gunshot  wounds  suffered  in  a  battle  with  police  in 
October,  were  in  fact  arrested  and  beaten  so  severely  that  they  died.  On  September 
22,  Port-au-Prince  police  handcuffed  an  accused  thief  on  the  street  and  then  killed 
him,  according  to  eyewitnesses.  The  authorities  suspended  several  police  agents, 
pending  an  investigation  of  this  killing.  The  police  also  shot  a  gang  leader  to  death 
in  Cite  Soleil  in  unclear  circumstances  in  September.  In  February  a  police  inspector 
in  Les  Cayes,  allegedly  hired  by  a  local  resident,  killed  a  citizen  and  shot  and  killed 
a  fellow  policeman  who  pursued  him;  he  was  shot  and  killed  himself  by  a  third  po- 
liceman. 

Police  were  also  responsible  for  11  additional  deaths  when  officers  used  excessive 
force  in  making  arrests  or  controlling  demonstrations.  0(T-duty  police  officers  shot 
and  killed  at  least  seven  people  in  personal  disputes.  An  off-duty  prison  guard  shot 
and  killed  an  unarmed  escapee  in  Cap  Haitien  on  June  7,  sparking  violent  dem- 
onstrations. On  May  28  in  Archaic  prison,  a  detainee  died  after  7  days  without  med- 
ical care  (see  Section  I.e.). 

The  police  Inspector  CJeneral  completed  reports  on  several  cases  of  summary  exe- 
cution or  use  of  excessive  force.  On  his  recommendation,  the  HNP  Director  General 
fired  21  agents  for  committing  human  rights  abuses,  and  sent  9  of  these  cases  to 
the  PubUc  Prosecutor.  However,  few  cases  against  police  reached  trial.  In  July  in 
Cap  Haitien,  a  criminal  court  found  that  the  death  of  a  woman  shot  in  a  public  con- 
veyance by  two  police  in  1996  was  accidental.  On  May  23  and  June  5,  an  investiga- 
tive judge  in  Port-au-Prince  released  without  trial  six  police  officers  charged  with 
murder  in  three  separate  cases  that  occurred  in  1996.  With  more  supervisors  in 
place,  the  incidence  of  officers  dismissed  for  misconduct,  who  nevertheless  returned 
to  duty  or  continued  to  draw  pay,  declined  sharply. 

The  head  of  the  quasi-official  security  force  attached  to  the  Delmas  mayor's  office 
shot  and  killed  a  fellow  employee  in  the  town  hall  on  June  12;  town  officials  refused 
to  hand  him  over  to  police.  The  Delmas  mayor  confirmed  to  an  international  organi- 
zation that  6  off-duty  members  of  the  Delmas  force  were  involved  in  armed  inci- 
dents in  Cite  Soleil  in  which  6  persons  were  killed  and  14  wounded  on  February 
25.  A  Parliament  security  guard  shot  and  killed  two  supposed  criminals  near  the 
Parliament  building  on  June  20. 

The  Special  Investigative  Unit  (SIU)  of  the  National  Police  served  over  a  dozen 
arrest  warrants  in  the  1994  Raboteau  massacre  case  and  continued  to  investigate 
other  notorious  human  rights  abuses  from  previous  years.  In  January,  responsibility 
for  investigating  the  August  1996  killings  of  political  opposition  activists  Antoine 
Leroy  and  Jacque  Florival  passed  to  the  SIU,  which  arranged  autopsies  of  the  bod- 
ies and  collected  other  evidence.  In  July  the  (jovemment  dismissed  the  suspended 
chief  of  palace  security,  his  deputy,  and  eight  members  of  the  presidential  security 
unit  who  allegedly  were  at  the  scene  oi  the  shootings.  The  police  killed  Eddy 
Arbrouet,  the  chief  suspect  in  the  Leroy  and  Florival  killings,  during  a  raid  on  his 
home  on  December  14.  The  SIU  was  not  present  at  the  scene  of  the  raid.  The  raid 
occurred  nearly  1  year  after  an  arrest  warrant  had  been  issued  for  Arbrouet,  a 
former  informal  palace  security  operative.  Information  about  operational  details  of 
the  raid  remained  unclear  at  year  s  end.  Investigators  made  only  minor  progress  on 
other  high-profile  killings,  such  as  the  March  1995  murder  of  Mireille  Bertin,  which 
were  committed  following  then-President  Jean  Bertrand  Aristide's  return  in  1994. 
None  of  these  cases  was  brought  to  trial. 

At  year's  end,  the  CJovemment  continued  to  hold  on  undetermined  charges  the 
two  suspects  acquitted  by  a  jury  In  1996  for  the  killing  of  Minister  of  Justice  Guy 
Malary. 

Assailants  killed  20  police  officers,  most  of  whom  were  off  duty,  including  several 
cases  in  which  robbers  killed  them  after  finding  their  police  identification.  The  po- 
lice arrested  several  suspects  in  these  murders.  Instances  of  mob  killings  of  sus- 


549 

Eected  criminals  exceeded  147.  Police  made  at  least  36  arrests  in  10  cases  of  mob 
illings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  1987  Constitution  prohibits  the  use  of  unnecessary  force  or  restraint,  psycho- 
logical pressure,  or  brutality  by  the  security  forces.  However,  members  of  the  secu- 
rity forces  freqpiently  violated  these  provisions.  Police  officers  used  excessive — and 
sometimes  deadly — force  in  making  arrests  or  controlling  demonstrations,  wounding 
more  than  17  people  in  such  situations.  The  police  were  responsible  for  more  than 
189  cases  of  mistreatment  of  detainees.  They  also  continued  to  beat  demonstrators 
without  arresting  them  in  several  instances. 

Members  of  the  HNP  tortured  suspects  in  isolated  incidents.  In  late  July,  the 
UJ»J.  Civilian  Police  reported  that  beating  of  detainees  had  become  common  in  the 
Cite  Soleil  police  station,  with  some  persons  also  being  tortured.  On  August  8  in 
the  Cite  Soleil  station,  police  undressed  and  whipped  three  women  detainees.  In 
mid-April  Cap  Haitien  police  took  four  detainees  to  a  ruined  fort  outside  town  and 
carried  out  a  mock  execution.  In  September  an  off-duty  policeman  in  Port-au-Prince 
seized  a  man,  handcuffed  him,  and  tortured  him  with  a  not  iron,  rather  than  taking 
him  to  a  police  station.  Thepoliceman  was  later  arrested. 

Cases  in  which  the  HNP  mistreated  detainees — sometimes  severely — increased. 
The  ICM  recorded  a  noticeable  rise  in  the  number  of  complaints  of  beatings  by  the 
police.  Such  violations  of  human  rights  continued  throughout  the  year.  Most  often, 
police  beat  suspected  members  of  armed  gangs  during  arrest  or  in  the  course  of  in- 
terrogation, usually  with  firearms  or  police  batons.  In  a  few  cases,  f)olice  forced  de- 
tainees to  lie  prone,  then  walked  on  tneir  backs.  On  other  occasions,  police  encour- 
aged some  detainees  to  beat  others  or  failed  to  intervene  when  detainees  beat  each 
other.  Another  problem  was  the  failure  to  provide  medical  treatment  to  ill  or  iniured 
detainees;  the  Government  provides  no  budget  for  medical  treatment  (or  food)  for 
detainees  in  police  holding  cells.  In  sporadic  cases,  off-duty  ofiicers  used  their  weap- 
ons in  disputes  with  taxi  drivers  or  in  nightclubs.  Several  police  ofTicers  wounded 
themselves  or  others  through  negligent  handling  of  firearms. 

The  quasi-official  forces  connected  to  the  Port-au-Prince  mayoralty  on  several  oc- 
casions beat  female  vendors  who  allegedly  were  violating  market  rules.  Members  of 
local  government  councils,  illegally  assuming  police  functions  such  as  arrest,  beat 
at  least  11  people.  On  May  28,  one  such  beating  victim  died  in  Archaie  prison,  and 
two  CASEC  members  were  arrested  for  causing  the  death  (see  Section  l.a.).  A  mob 
had  beaten  him  severely  before  turning  him  over  to  police.  Despite  his  obvious  inju- 
ries when  police  took  him  to  prison  on  May  19,  prison  officials  did  not  obtain  treat- 
ment for  him. 

Prison  conditions  remained  very  poor.  Prisoners  and  detainees,  held  in  over- 
crowded and  inadequate  facilities,  continued  to  suffer  from  inadequate  basic  hy- 
giene, poor  quality  health  care,  and  24-hour  confinement  to  cells  in  some  facilities. 
The  incretise  in  the  prison  population  posed  a  threat  to  the  health  and  life  of  pris- 
oners. The  17  prison  facilities  held  3,328  inmates  in  early  December,  up  from  2,540 
in  March.  The  rate  of  increase  in  the  prison  population  slowed  from  that  of  1996, 
due  in  part  to  foreign-supported  programs  of  legal  assistance  for  indigent  detainees. 
Prison  observers  noted  that,  on  occasion,  prisoners  claimed  that  guards  beat  their 
charges. 

Fort  National  prison  in  Port-au-Prince  is  the  only  prison  facility  expressly  for 
women  and  juveniles.  In  other  prison  facilities,  women  are  housed  in  cells  separate 
from  the  men.  However,  overcrowding  often  prevents  strict  separation  of  juveniles 
from  adults,  convicts  from  those  in  pretrial  detention,  or  violent  from  nonviolent 
prisoners. 

The  Government,  with  the  help  of  the  international  community,  made  some 
progress  in  improving  prison  conditions.  Prisoners  nationwide  generally  received 
two  adequate  meals  per  day — a  substantial  improvement  over  1995,  when  seven 

gersons  in  the  national  penitentiary  died  of  a  vitamin  deficiency.  The  International 
Committee  of  the  Red  Cross  (ICRC)  funded  the  installation  of  rudimentary  clinics 
in  the  country's  prisons.  The  Government  failed,  however,  to  keep  these  facilities 
adequately  stocked  with  medicines  and  other  health  care  supplies.  The  APENA 
drafted  internal  regulations  to  standardize  overall  prisoner  care;  the  regulations 
awaited  approval  by  the  Ministry  of  Justice  at  year's  end. 

Persons  detained  in  politically  sensitive  cases  were  often  kept  in  police  station 
holding  cells,  rather  than  in  regular  prison  facilities.  These  and  other  holding  cell 
detainees  depended  largely  on  tneir  families  for  food  and  medicine.  In  some  cases, 
police  officers  used  their  personal  funds  to  buy  food  for  such  persons. 

The  authorities  freely  permitted  the  ICRC,  the  Haitian  Red  Cross,  the  ICM,  and 
other  human  rights  groups  to  enter  prisons  and  police  stations,  monitor  conditions, 


550 

and  assist  prisoners  with  medical  care,  food,  and  legal  aid.  The  only  interruption 
to  this  access  occurred  when  the  APENA  director  issued  a  directive  In  late  January 
barring  the  ICM  from  freely  visiting  prison  facilities.  The  Minister  of  Justice  can- 
celed the  directive  2  weeks  later  and  accepted  the  long-pending  resignation  of  the 
director.  The  ICM  resumed  unimpeded  prison  visits. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  stipulates  that  a  person 
may  be  arrested  only  if  apprehended  during  the  commission  of  a  crime,  or  if  a  judi- 
cial warrant  has  been  issued.  The  authorities  must  bring  the  detainee  before  a  judge 
within  48  hours  of  arrest.  However,  the  authorities  frequently  ignored  these  provi- 
sions in  practice. 

Arbitrary  arrests  continued  to  occur.  A  few  of  those  arrested  complained  that  po- 
lice wore  masks  during  their  arrest.  The  police  also  made  arrests  based  on  flawed 
warrants  or  in  the  presence  of  a  justice  of  the  peace  in  lieu  of  a  warrant,  which  is 
legally  insufficient.  In  August  the  ICM  found  tnat  a  few  judges  began  interpreting 
any  arrest  within  24  hours  of  the  crime  as  occurring  during  commission  of  the  crime 
or  the  immediate  investigation  of  it,  and  hence  not  requiring  a  warrant.  Nongovern- 
mental organizations  (NGO's)  providing  legal  assistance  to  the  indigent  reported  the 
number  of  illegal  arrests  decreased  in  several  cities.  The  Government  released  18 
persons — members  of  the  political  opposition  or  former  soldiers — who  had  been  ar- 
rested in  August  1996  on  poorly  substantiated  charges  of  threatening  state  security. 
Of  57  persons  the  ICM  considered  to  be  in  detention  on  such  charges  in  September 
1996,  14  remained  in  custody  at  year's  end. 

There  were  a  few  arrests  related  to  the  April  6  elections.  However,  these  occurred 
at  the  instigation  of  local  party  organizations,  not  of  the  Government,  and  the  judi- 
cial system  released  all  those  arrested  within  a  day  or  two.  In  Mirebalais  on  March 
17—18  following  a  clash  among  members  of  several  political  parties,  the  HNP  crowd 
control  unit  arrested  10  people  without  warrants.  The  dean  of  the  court  released 
them  after  a  special  hearing  on  March  18.  In  Jeremie  on  March  30,  a  justice  of  the 
peace  under  pressure  from  one  political  party  issued  warrants  (which  he  had  no  au- 
thority to  do)  for  five  members  of  a  rival  party.  Members  of  the  rival  party  success- 
fully pressed  a  different  judge  to  release  those  detained.  On  April  6  in  Savanette- 
Cabral,  police  arrested  five  persons  without  warrants  on  suspicion  of  blocking  poll 
workers  the  day  before;  the  Hinche  prosecutor  declared  the  arrests  illegal  and  re- 
leased the  five  the  following  day. 

The  authorities  arrested  Leon  Jeune,  former  presidential  candidate  and  occasional 
critic  of  the  Government,  on  November  16  on  charges  of  plotting  against  the  security 
of  the  State  and  possession  of  illegal  weapons.  Jeune  stated  that  he  had  been  struck 
three  times  on  the  back  of  the  neck  at  the  time  of  his  arrest  "with  the  criminal  in- 
tention of  kiUing  me,"  and  that  his  investigations  had  revealed  that  his  assailant 
was  Aramic  Louis,  HNP  Director  in  the  Western  department.  Judge  Gabriel  Castor 
ordered  Jeune's  release  on  November  27,  but  Judge  Onel  Cadet  remanded  him  to 
prison  shortly  thereafter.  Judge  Cadet  granted  Jeune  provisional  release  on  Decem- 
ber 5.  After  apparent  problems  with  paperwork  authorizing  his  release,  Jeune  was 
finally  freed  on  December  11,  after  nearly  a  month  in  iail. 

In  Cap  Haitien,  following  the  fatal  shooting  of  a  policeman,  police  arrested  family 
members  when  they  could  not  find  the  suspects,  despite  the  constitutional  prohibi- 
tion against  arresting  any  person  in  place  of  another.  Judicial  officials  or  police  sub- 
sequently released  the  family  members.  In  another  case,  the  brother  of  a  former  po- 
lice chief  continues  to  be  kept  in  a  police  holding  cell  for  "his  own  protection,"  ac- 
cording to  the  police  officer  in  charge. 

Arbitrary  arrests  by  those  lacking  arrest  powers — some  elements  of  the  security 
forces,  quasi-ofiicial  forces,  and  localgovemment  councils — occurred  sporadically. 

Detainees  who  had  never  seen  a  judge  or  whose  cases  stagnated  in  the  judicial 
system  continued  to  crowd  the  prisons  nationwide.  An  overburdened  and  inadequate 
judicial  system  frequently  detained  suspects  well  beyond  the  48  hours  permitted  for 
arraignment,  although  respect  for  the  48-hour  rule  increased  in  general.  In  June 
and  July,  the  ICM  detected  an  increase  in  the  practice  of  judges  permitting  exten- 
sion of  detention  in  police  custody  beyond  the  legal  limit  of  48  hours  in  several  juris- 
dictions, in  the  mistaken  belief  that  they  had  the  authority  to  do  so.  Cases  bound 
over  to  higher  courts  also  languished.  About  80  percent  of  the  inmates  in  the  prison 
system  were  awaiting  trial. 

The  Constitution  prohibits  involuntary  exile  of  citizens.  Some  persons  left  the 
country  for  personal  or  political  reasons.  One  person  detained  in  July  1996  on  the 
accusation  of  plotting  against  the  State  was  released  in  May  and  left  the  country 
immediately,  after  a  government  official  made  it  clear  that  his  release  was  condi- 
tional on  his  going  abroad.  Otherwise,  the  Government  is  not  known  to  have  used 
exile  as  punishment. 


551 

e.  Denial  of  Fair  Public  Trial. — ^The  Constitution  provides  for  an  independent  judi- 
ciary, but  it  is  not  independent  in  practice.  Years  of  rampant  corruption  and  govern- 
mental neglect  have  left  the  judicial  system  poorly  organized  and  nearly  moribund. 
The  Constitution  sets  var3dng  periods  of  tenure  forjudges  above  the  level  of  justice 
of  the  peace.  In  practice,  however,  the  Ministry  of  Justice  exercises  administrative 
oversignt  of  the  judiciary,  prosecutors,  and  court  staff.  The  Minister  of  Justice  fired 
several  judges  for  incompetence  or  corruption;  however,  none  was  prosecuted  on 
such  chaises. 

At  the  first  level,  the  justices  of  the  peace  issue  warrants,  adjudicate  minor  infrac- 
tions, take  depositions,  and  refer  cases  to  higher  judicial  officials.  Investigating  mag- 
istrates and  public  prosecutors  cooperate  in  the  development  of  more  serious  cases, 
which  are  tried  by  tne  judges  of  the  first  instance  courts.  Appeals  court  judges  hear 
cases  referred  from  the  first  instance  courts,  and  the  Supreme  Court  deals  with 
questions  of  procedure  and  constitutionality. 

The  judicial  apparatus  follows  a  civil  law  system  based  on  the  Napoleonic  Code; 
the  Criminal  Code  dates  from  1832.  The  Constitution  provides  for  the  right  to  a  fair 
public  trial,  but  this  right  was  widely  abridged.  The  Constitution  also  expressly  de- 
nies police  and  judicial  authorities  the  right  to  interrogate  persons  charged  with  a 
crime  unless  the  suspect  has  legal  counsel  present  or  waives  this  right.  While  trials 
are  public,  most  accused  persons  cannot  afford  legal  counsel  for  interrogation  or 
trial,  and  the  law  does  not  require  that  the  Government  provide  legal  representa- 
tion. Despite  the  efforts  of  local  human  rights  groups  and  the  international  commu- 
nity to  provide  leg£d  aid,  many  interrogations  without  counsel  continued  to  occur. 
Defendants  enjoy  a  presumption  of  innocence  and  the  right  to  be  present  at  trial, 
to  confront  witnesses  against  them,  and  to  present  witnesses  and  evidence  in  their 
own  behalf,  and  the  Government  respects  these  rights  in  practice. 

Unaddressed  systemic  weaknesses  continued  to  contribute  to  a  huge  backlog  of 
criminal  cases,  with  some  detainees  waiting  years  in  pretrial  detention  for  a  court 
date.  Under  the  Code  of  Criminal  Procedure,  responsibility  to  investigate  crimes  is 
unclear  and  authority  to  pursue  cases  is  divided  among  police,  prosecutors,  and  in- 
vestigating magistrates.  The  Code  stipulates  two  criminal  court  sessions  per  year 
in  each  of  the  15  first-instance  jurisdictions,  each  session  generally  lasting  2  weeks, 
to  try  all  major  crimes  requiring  a  jury  trial,  primarily  murder.  Although  the  court 
system  held  more  such  sessions  in  more  locations  than  in  1996,  a  significant  backlog 
of  cases  remains.  Moreover,  if  an  accused  person  is  ultimately  tried  and  found  inno- 
cent, he  has  no  recourse  against  the  Government  for  time  served. 

The  Government  devoted  some  effort  to  the  task  of  reforming  the  judicial  system. 
The  Justice  Ministry  cooperated  with  international  donors  in  providing  training  to 
sitting  magistrates,  improving  the  administration  of  the  public  prosecutors'  offices, 
improving  documentation  ana  case  presentation,  strengthening  judicial  supervision, 
and  establishing  prison  registries.  TTie  Senate  and  the  Chamber  of  Deputies  did  not 
complete  action  on  a  draft  law  on  judicial  reform  by  year's  end.  The  bill  contains 
no  precise  measures  to  implement  reform. 

TTiere  were  no  reports  of  political  prisoners,  although  the  Government  continued 
to  hold  some  political  opponents  on  charges  of  threatening  state  security  (see  Sec- 
tion l.d.). 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  interference  with  privacy,  family,  home,  or  correspondence. 
Police  and  other  security  force  elements  did,  however,  conduct  illegal  warrantless 
searches.  Members  of  quasi-official  forces  also  conducted  illegal  searches  and  sei- 
zures of  property.  There  was  at  least  one  instance  in  which  the  police  arrested  and 
detained  family  members  of  suspects  (see  Section  l.d.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press  and  the  Government  generally  respects  these  rights.  The  press  en- 
ergetically exercises  this  freedom.  Print  and  electronic  media  from  opposite  ends  of 
the  political  spectrum  often  criticize  the  Government. 

With  an  illiteracy  rate  of  approximately  80  percent,  broadcast  media,  especially 
Creole-language  radio,  have  an  unusual  importance,  and  some  35  radio  stations  op- 
erate in  the  capital  alone.  Uncensored  satellite  television  is  available.  Broadcast 
media  tend  to  criticize  the  Government  less  than  the  press  but  freely  express  a  wide 
range  of  political  viewpoints.  There  were  no  reports  of  censorship,  nor  did  the  media 
appear  to  practice  seff-censorship.  The  government-sponsored  daily  newspaper  re- 
mained closed  following  a  1995  dispute  between  the  former  Information  Minister 
and  the  paper's  editor. 

Foreign  journalists  generally  circulate  without  hindrance.  There  are  occasional  re- 
ports of  domestic  journalists  experiencing  rou^  treatment  at  the  hands  of  the  po- 


AC     /*\0/*\         I— 1<-\ 


552 

lice;  however,  there  were  no  clear  indications  that  these  resulted  from  motives  other 
than  personal  disputes.  In  December  the  police  notified  the  host  of  a  radio  call-in 
projgram,  whose  callers  often  criticize  the  Grovemment,  that  they  had  heard  of  a  plot 
to  kill  hun  and  advised  him  to  take  precautions.  The  host  and  several  colleagues 
also  received  threats  by  telephone. 

The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — ^The  Constitution  provides  for 
freedom  of  assembly  and  association,  and  the  authorities  generally  respected  these 
rights  in  practice.  Political  parties  across  the  spectrum  were  able  to  meet  and  re- 
cruit members.  New  popular  organizations,  including  several  opposed  to  the  Govern- 
ment or  its  policy,  formed  and  held  demonstrations.  A  stray  bulled  fired  by  poUce 
killed  a  man  in  Port-au-Prince  in  mid-May  when  demonstrations  by  students,  alleg- 
edly joined  by  provocateurs,  turned  violent  and  the  police  responded  with  gunfire. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  the  right  to  practice  aU  re- 
Ugions  and  faiths,  provided  that  practice  does  not  disturb  law  and  order,  and  the 
G&vemment  respected  this  right. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  respects  the  right  of  freedom  of  movement  within  the 
country,  foreign  travel,  emigration,  and  repatriation.  An  unknown  number  of  un- 
documented migrants  put  to  sea  seeking  better  economic  opportunities  in  other 
countries. 

The  Government  operated,  with  international  support,  a  national  migration  office 
to  assist  citizens  involuntarily  repatriated  from  other  countries,  notably  the  Domini- 
can Republic  and  the  Bahamas. 

The  Government  has  no  policy  regarding  foreign  nationals  seeking  refuge  or  asy- 
lum from  third  countries.  The  question  of  provision  of  first  asylum  did  not  arise. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  for  regular  elections  for  local  and  parliamentary  offices 
and  for  the  presidency.  President  Kene  Preval,  elected  in  late  1995  in  an  election 
regarded  by  the  international  community  as  free  and  fair,  continued  in  office.  The 
Parliament,  most  of  whose  members  were  chosen  in  1995  in  elections  regarded  as 
administratively  flawed  but  free  and  fair,  continued  to  operate  independently  of  the 
executive  branch. 

The  Provisional  Electoral  Council  (CEP),  which  took  office  in  late  1996,  scheduled 
elections  for  local  assemblies  and  nine  senate  seats.  These  elections  were  delayed 
twice  before  taking  place  on  April  6.  An  GAS  observer  mission  noted  instances  of 
irregularities  and  fraud  at  polling  places  and  questioned  the  CEP's  decision,  made 
after  the  vote  count  was  complete,  not  to  count  blank  ballots.  This  decision  resulted 
in  the  first-round  victory  of  one  senate  candidate  who  would  otherwise  have  had  to 
proceed  to  the  second  round. 

Aft«r  making  credible  allegations  of  irregularities  and  of  bias  on  the  part  of  the 
CEP,  two  parties  announced  their  intention  to  boycott  the  second  round  of  the  elec- 
tions: The  Lavalas  Political  Organization  (OPL),  whose  candidates  had  advanced  to 
the  second  round  in  six  senate  races,  and  the  Of)en  the  Gate  Party,  whose  senate 
candidate  had  advanced  to  the  second  round  in  the  Port-au-Prince  area.  The  second 
round  was  postponed  indefinitely  and  had  not  been  rescheduled  by  year's  end.  The 
resignation  of  Prime  Minister  Kosny  Smarth,  and  the  Parliament's  refusal  to  ap- 
prove the  President's  first  candidate  for  a  replacement,  became  linked  to  the  elec- 
tions dispute,  further  complicating  the  political  situation.  Late  in  the  year,  the  polit- 
ical parties  and  the  President  engaged  in  negotiations  aimed  at  ending  the  political 
and  electoral  impasse.  These  discussions  resulted  in  several  steps  aimed  at  improv- 
ing the  credibility  of  the  elections,  including  the  resignation  of  six  of  the  nine  CEP 
members  and  establishment  of  a  presidentially  appointed  commission  to  examine 
the  April  6  elections.  However,  the  OPL  was  not  satisfied  that  these  measures 
would  ensure  the  credibility  of  the  electoral  process.  The  Parliament  had  not  ap- 
proved the  President's  second  nominee  for  Prime  Minister  at  year's  end,  and  the  im- 
passe remained. 

Members  of  the  local  assemblies  elected  on  April  6  took  office,  and  an  indirect 
election  process  took  place  to  select  municipal,  departmental  (provincial),  and  inter- 
departmental assemblies.  The  departmental  assemblies  are  constitutionally  man- 
dated to  participate  in  the  selection  of  candidates  for  the  Permanent  Electoral  Coun- 
cil. The  controversy  surrounding  the  April  6  vote  extended  to  these  elections  as  well. 
By  year's  end,  a  Permanent  Electoral  Council  had  not  been  selected. 

No  legal  impediments  to  women's  participation  in  politics  or  government  exist.  In 
the  recent  past,  Haiti  has  had  a  female  President,  FVime  Minister,  Foreign  Minister, 
and  Minister  of  Finance.  The  generally  lower  status  of  women,  however,  limits  their 


553 

garticipation  in  these  fields.  Of  the  80  sitting  members  (3  seats  are  vacant)  of  the 
hamber  of  Eteputies,  3  are  women.  The  Senate  (which  usually  has  27  members  but 
at  year's  end,  due  to  the  electoral  dispute,  had  only  18  members)  had  none,  although 
one  leading  candidate  in  the  delayed  election  is  a  woman.  The  election  law  provides 
that  the  (feposit  required  of  female  candidates  for  political  office  is  half  that  re- 
quired of  male  candidates,  if  the  woman  is  sponsored  by  a  recognized  party.  There 
are  a  few  women  in  prominent  positions  in  the  Government,  including  the  Women's 
Affairs  Minister  and  the  Secretary  of  State  for  Tourism. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  wide  variety  of  human  rights  groups  operate  without  government  restriction, 
commenting  on  human  rights  cases.  The  Government  tolerates  their  views  but  is 
rarely  responsive  to  their  recommendations.  The  exception  is  the  HNP  Inspector 
General's  office,  whidi  opened  a  number  of  investigations  at  the  request  of  human 
rights  groups.  About  a  aozen  local  human  rights  groups  monitor  conditions  in  the 
countiy,  with  some  working  on  civic  education  and  legal  aid  as  well. 

On  November  4,  the  Government  opened  the  office  of  the  Protector  of  Citizens, 
an  autonomous  ombudsman-like  office  established  by  the  1987  Constitution.  Its  pur- 
pose is  to  investigate  complaints  of  government  malfeasance  where  judicial  or  ad- 
ministrative recourse  is  not  available.  Dr.  Louis  Roy  was  appointed  the  nation's  first 
Protector  of  Citizens. 

In  July  and  December,  the  Government  requested  and  received  extensions  of  the 
UN/OAS  International  Civilian  Mission's  mandate  to  December  31,  and  then  for  an 
additional  year  to  December  31,  1998.  The  ICM  investigated  all  reports  of  human 
rights  violations,  issued  periodic  reports  and  press  releases,  conducted  civic  edu- 
cation, and  trained  local  human  rights  groups.  The  ICM  also  worked  with  the  Gov- 
ernment in  a  variety  of  ways  to  develop  its  institutional  capacity  to  prevent  and  pro- 
vide redress  for  human  rights  abuses. 

TTie  National  Coalition  Tor  Haitian  Rights  was  the  only  other  international  human 
rights  organization  to  maintain  a  permanent  presence.  Representatives  of  other 
international  human  rights  organizations  visited  freely  from  time  to  time.  The  ICRC 
was  active  throughout  the  year,  particularly  in  prison  renovation  and  assistance  to 
prisoners. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  1987  Constitution  does  not  specifically  prohibit  discrimination  on  the  grounds 
of  race,  sex,  religion,  disability,  language,  or  social  status.  It  does  provide  for  equal 
working  conditions  regardless  of  sex,  beliefs,  or  marital  status.  However,  there  is 
no  effective  governmental  mechanism  to  administer  or  enforce  these  provisions. 

Women. — According  to  women's  rights  groups,  rape  and  other  abuse  of  women  is 
common,  both  within  and  outside  marriage.  The  Haitian  Center  for  Research  and 
Action  for  the  Promotion  of  Women  in  1996  published  a  preliminary  report  of  a  sur- 
vey of  1,705  women  interviewed  in  1995.  Thirty-seven  percent  of  respondents  stated 
that  they  or  someone  they  knew  had  been  raped  or  otherwise  sexually  abused;  a 
third  of  respondents  reported  that  they  or  someone  they  knew  had  been  the  victim 
of  other  types  of  physical  violence.  Nearly  two-thirds  had  not  reported  the  abuse, 
most  due  to  fear  of  public  shame  or  of  retribution  from  their  assailants,  but  some 
because  they  believed  that  judicial  penalties  were  insufficient.  The  law  provides 
penalties  for  these  crimes,  but  the  authorities  do  not  enforce  these  provisions  ade- 
quately. One  law  excuses  a  husband  if  he  murders  his  wife  or  her  lover  upon  catch- 
ing them  in  the  act  of  adultery  in  the  home.  A  wife  who  kills  her  husband  upon 
discovering  him  in  the  act  of  adultery  is  not  excused. 

An  "International  Tribunal  for  the  Elimination  of  Violence  against  Haitian 
Women"  was  held  in  Port-au-Prince  November  24-26.  The  seminar  was  organized 
by  some  90  women's  rights  and  human  rights  organizations  and  assembled  women's 
rights  specialists  from  Haiti  as  well  as  other  countries.  The  experts  heard  testimony 
from  women  who  had  suffered  domestic,  sexual,  or  political  violence,  or  who  had 
been  targeted  because  they  were  disabled.  An  estimated  300  people  attended  the 
proceedings.  In  the  meeting's  final  document,  the  experts  noted  serious  short- 
comings in  several  areas:  In  the  judicial  system's  ability  to  punish  those  who  com- 
mit violence  against  women;  in  the  capacity  of  the  police  to  conduct  investigations 
of  sexual  crimes  or  protect  women  who  are  victims  of  violent  crime;  in  social  and 
public  health  services;  in  protection  of  girls  of  all  ages  against  molestation;  and  in 
nonsexist  education.  'The  experts  also  observed  that  many  women  (often  the  very 
poor)  who  have  been  victims  of  violence  have  a  profound  fear  of  reprisal  and  lack 
confidence  that  the  legal  system  can  provide  them  with  justice. 


554 

The  international  panel  recommended  revision  of  several  laws,  including  making 
rape  a  crime  against  the  person  instead  of  a  crime  against  morals;  shifting  adultery 
from  the  criminal  to  the  civil  code;  and  revising  the  civil  code  to  recognize  the  ri^ts 
of  women  in  common  law  marriages.  The  panel  also  recommended  revisions  of 
school  curriculums;  free  legal  aid  for  victims  of  violence;  training  forjudges,  prosecu- 
tors, and  police  in  handling  crimes  against  women;  and  ratification  of  the  inter- 
national convention  against  torture. 

The  Ministry  of  Women's  Affairs  is  charged  with  promoting  and  defending  the 
rights  of  women  and  ensuring  that  they  attain  an  equal  status  in  society,  but  it  did 
little  in  this  regard.  There  are  no  government-sponsored  programs  for  victims  of  vio- 
lence. 

Women  have  the  same  legal  status  as  men.  However,  women  do  not  enjov  the 
same  social  and  economic  status  as  men.  In  some  social  stratums,  tradition  umits 
women's  roles.  Peasant  women,  often  the  breadwinners  for  their  families,  remain 
largely  in  the  traditional  occupations  of  farming,  marketing,  and  domestic  labor. 
Very  poor  urban  women,  who  head  their  families  and  serve  as  their  economic  sup- 

§ort,  also  oft^n  find  their  employment  opportunities  limited  to  traditional  roles  m 
omestic  labor  and  marketing.  Female  employees  in  private  industry  or  service  jobs, 
including  government  jobs,  are  seldom  promoted  to  supervisory  positions.  Laws  gov- 
erning child  support  recoenize  the  widespread  practice  of  multiple-father  families 
but  are  rarely  enforced.  Well-educated  women  nave,  however,  occupied  prominent 
positions  in  both  the  private  and  public  sector  in  recent  years.  Women's  rights 
groups  are  small,  localized,  and  receive  little  publicity. 

Children. — ^The  Government's  programs  do  not  promote  or  defend  children's 
rights.  Government  health  care  and  education  programs  for  children  are  inadequate 
or  nonexistent.  Poorer  families  sometimes  ration  education  money  to  pay  school  fees 
for  male  children  only. 

Rural  families  continued  to  send  young  children  to  serve  as  unpaid  domestic  labor 
for  more  aflluent  city  dwellers,  a  practice  cited  by  a  1991  U.N.  study  as  an  example 
of  slavery  in  the  20th  century.  One  international  organization  estimated  that 
250,000  to  300,000  children,  85  percent  of  them  girls,  may  be  victims  of  this  prac- 
tice, called  "restavek"  (which  means  "lives  with"  in  Creole).  It  is  primarily  lower- 
middle  and  lower  class  families  who  use  restavek  children,  as  the  more  well-to-do 
prefer  paid  adult  employees.  The  Ministry  of  Social  Affairs  believes  that  many  em- 
ployers compel  the  children  to  work  long  hours,  provide  them  with  little  nourish- 
ment, and  frequently  beat  and  abuse  them. 

Local  human  rights  groups  do  not  report  on  the  plight  of  restavek  children  as  an 
abuse  or  seek  to  improve  their  situation.  The  Ministry  of  Social  Affairs  believes  that 
it  can  do  Uttle  to  stop  this  practice,  regarding  it  as  economically  motivated;  the  Min- 
istry assigned  five  monitors  to  oversee  the  welfare  of  restavek  children.  Society 
holds  such  children  in  little  regard,  and  the  poor  state  of  the  economy  worsened 
their  situation.  Port-au-Prince's  large  population  of  street  children  includes  many 
runaway  restaveks. 

People  With  Disabilities. — The  Constitution  provides  that  disabled  persons  shall 
have  the  means  to  ensure  their  autonomy,  education,  and  independence.  However, 
there  is  no  legislation  to  implement  these  constitutional  provisions  or  to  mandate 

f (revision  of  access  to  buildings  for  people  with  disabilities.  Although  they  do  not 
ace  overt  mistreatment,  given  the  severe  poverty  in  which  most  Haitians  live,  those 
with  disabilities  face  a  particularly  harsh  existence. 

National / Racial/ Ethnic  Minorities. — Some  99  percent  of  Haitians  are  descend- 
ants, in  whole  or  in  part,  of  African  slaves  who  won  their  war  of  independence  from 
France  in  1804.  The  remaining  population  is  of  European,  Middle  Eastern,  North 
American,  or  Latin  American  origin.  The  law  makes  no  distinction  based  on  race. 
Longstanding  social  and  political  animosities  are  often  tied  to  cultural  identification, 
skin  color,  and  overlapping  issues  of  class  in  this  starkly  inegalitarian  society.  Some 
of  these  animosities  date  back  to  before  Haiti's  revolutionary  period. 

The  Government  recognizes  two  official  languages:  Creole,  which  is  spoken  by  vir- 
tually all  Haitians;  and  French,  which  is  spoken  by  about  20  percent  of  the  popu- 
lation, including  the  economic  elite.  The  inability  to  communicate  in  French  has 
long  limited  the  political  and  economic  opportunities  available  to  the  majority  of  the 
population.  The  Government  prepares  most  documents  only  in  French,  and,  despite 
the  Justice  Minister's  order  to  use  Creole  in  the  courts,  judges  conduct  most  legal 
proceedings  exclusively  in  French.  Creole  was,  however,  the  language  chosen  Tor 
parliamentary  debate  in  the  lower  house. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  the  Labor  Code  provide  for  the 
right  of  association  and  provide  workers,  including  those  in  the  public  sector,  with 


555 

the  ri^t  to  form  and  join  unions  without  prior  government  authorization.  The  law 
protects  union  activities  and  prohibits  a  closed  shop.  The  law  also  requires  a  union, 
which  must  have  a  minimum  of  10  members,  to  register  with  the  Social  Affairs  Min- 
istry within  60  days  of  its  formation. 

Unions  are  independent  of  the  Government  and  political  parties.  Unionized  public 
school  teachers,  doctors  and  nurses  in  government  hospitals,  and  employees  of  the 
government-owned  telephone  company  went  on  strike  during  the  year.  Loosely  orga- 
nized mass  transit  drivers  went  on  strike  as  well.  Rather  than  impose  sanctions, 
the  Grovemment  negotiated  with  the  strikers.  Six  principal  labor  federations  rep- 
resent about  5  percent  of  the  total  labor  force,  including  about  2  to  3  percent  of 
labor  in  the  industrial  sector. 

Each  of  the  principal  labor  federations  maintained  some  fraternal  relations  with 
various  international  labor  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — ^The  Labor  Code  protects 
trade  union  organizing  activities  and  stipulates  fines  for  those  who  interfere  with 
this  right.  Unions  were  generally  free  to  pursue  their  goals,  although  the  Govern- 
ment made  little  effort  to  enforce  the  law.  Union  leaders  assert  that  some  employers 
in  the  private  industrial  sector  dismiss  individuals  who  participate  in  union  organiz- 
ing activities.  Organized  labor  activity  was  concentrated  in  the  Port-au-Prince  area, 
in  state  enterprises,  the  civil  service,  and  the  assembly  sector.  The  high  unemploy- 
ment rate  and  antiunion  sentiment  among  some  factory  workers  limited  the  success 
of  union  organizing  efforts. 

Collective  bargaining  continued  to  be  nonexistent,  and  employers  set  wages  uni- 
laterally. The  Labor  Code  does  not  distinguish  between  industries  producing  for  the 
local  market  and  those  producing  for  export.  Employees  in  the  export-oriented  as- 
sembly sector  enjoyed  better-than-average  wages  and  benefits.  Female  workers  in 
the  assembly  sector  report  that  some  employers  sexually  harass  female  workers 
with  impunity.  Women  also  assert  that,  while  the  vast  majority  of  assembly  sector 
workers  are  female,  virtually  all  the  supervisors  are  men. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Labor  Code  prohibits  forced 
or  compulsory  labor  and  applies  equally  to  minors.  Such  labor  is  not  known  to  occur 
among  adults.  However,  the  Government  failed  to  enforce  this  law  for  children,  who 
continued  to  be  subjected  to  forced  domestic  labor  as  restaveks  in  urban  households 
(see  Section  5). 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  of  Employment. — The  mini- 
mum employment  age  in  all  sectors  is  15  years.  The  Labor  Code  prohibits  minors 
from  working  under  dangerous  conditions,  and  it  prohibits  minors  under  the  age  of 
18  from  working  at  night  in  industrial  enterprises.  Fierce  adult  competition  for  jobs 
ensures  that  child  labor  is  not  a  factor  in  the  industrial  sector.  Children  under  the 
age  of  15  commonly  worked  at  informal  sector  jobs  to  supplement  family  income, 
despite  the  legal  prohibition.  Primary  education  is  supposed  to  be  free  and  compul- 
sory, but  there  are  far  too  few  public  schools  to  accommodate  the  country's  children, 
especially  in  rural  areas.  The  Labor  Code  prohibits  forced  or  compulsory  labor, 
which  applies  equally  to  minors,  but  some  children  are  forced  to  work  as  domestic 
servants  (see  Sections  5  and  6.c.) 

e.  Acceptable  Conditions  of  Work. — The  legal  minimum  daily  wage,  established  in 
June  1995,  is  about  $2.18  (36  gourdes).  Annually,  a  minimum  wage  worker  would 
earn  about  $680,  an  income  considerably  above  the  national  average  but  sufficient 
only  to  permit  a  worker  and  family  to  live  in  very  poor  conditions.  The  majority  of 
citizens  work  in  subsistence  agriculture,  a  sector  where  minimum  wage  legislation 
does  not  apply. 

The  Labor  Code  governs  individual  employment  contracts.  It  sets  the  standard 
workday  at  8  hours,  and  the  workweek  at  48  hours,  with  24  hours  of  rest  on  Sun- 
day. The  Code  also  establishes  minimum  health  and  safety  regulations.  The  indus- 
trial and  assembly  sectors  largely  observed  these  guidelines.  The  assembly  sector 
published  a  voluntary  code  of  conduct  in  April,  committing  signatories  to  a  number 
of  measures  designed  to  raise  industry  standards,  including  paying  the  minimum 
wage  and  the  prohibition  of  child  labor.  The  Ministry  of  Social  Affairs  did  not,  how- 
ever, enforce  work  hours  or  health  and  safety  regulations. 

With  more  than  50  percent  of  the  population  unemployed,  workers  were  not  able 
to  exercise  the  right  to  remove  themselves  from  dangerous  work  situations  without 
jeopardy  to  continued  employment. 


556 
HONDURAS 

Honduras  is  a  constitutional  democracy,  with  a  president  and  a  unicameral  con- 
gress elected  for  4-year  terms.  President  Carlos  Flores  Facusse  took  office  on  Janu- 
ary 27,  1998,  as  the  fifth  democratically  elected  President  since  the  reestablishment 
of  democracy  in  1982.  The  two  major  political  parties,  the  Liberals  and  the  National- 
ists, have  alternated  in  power  peacefully  after  free  elections.  The  judiciary  is  inde- 
pendent but  is  oft^n  ineffective  and  subject  to  outside  influence. 

The  Honduran  Armed  Forces  (HOAF)  comprise  the  army,  the  air  force,  and  the 
navy.  The  Congress  in  1996  ratified  a  constitutional  amendiment  to  sever  the  Public 
Security  Force  (FUSEP),  a  paramilitary  police  force,  from  the  HOAF.  The  p>olice 
were  transferred  to  civilian  control  in  1997;  new  legislation  concerning  how  the  civil- 
ian police  force  will  function  is  expected  to  be  approved  in  1998.  The  armed  forces 
operate  with  considerable  institutional  and  legal  autonomy,  particularly  in  the 
realms  of  internal  security  and  military  affairs.  The  Government  in  1993  estab- 
lished an  Ad  Hoc  Commission  on  Police  and  Judicial  Reform  in  response  to  credible 
allegations  of  extrajudicial  killings  by  members  of  the  FUSEP,  particularly  its  Na- 
tional Directorate  of  Investigations  (DNI).  That  decision  led  the  Government  to  es- 
tablish a  new  Public  (Justice)  Ministry  charged  with  administering  a  new  Direc- 
torate of  Criminal  Investigations  (DIC)  to  succeed  the  DNI.  Human  rights  organiza- 
tions, including  the  Government's  National  Commissioner  for  Human  Rights,  ac- 
knowledge that  reports  of  human  rights  abuses  have  steadily  declined  since  the  DNI 
was  aboEshed;  however,  members  of  both  the  armed  forces  and  the  police  continue 
to  commit  abuses. 

The  economy  is  based  primarily  on  agriculture,  with  a  small  but  increasingly  im- 
portant maquiladora  (in-bond  processing  for  export)  industry  that  accounts  for  some 
90,000  jobs.  The  armed  forces  play  a  role  in  the  national  economy  through  their  pen- 
sion fund,  controlling  some  enterprises  usually  associated  with  the  private  sector, 
including  a  bank,  several  insurance  companies,  and  one  of  two  cement  companies. 
However,  some  state  enterprises,  such  as  the  merchant  marine  and  the  national 
telephone  company,  have  passed  from  military  to  civilian  control.  Approximately  43 
percent  of  workers  engage  in  agriculture;  about  one-third  of  those  work  on  large 
plantations.  The  principal  export  crops  are  coffee  and  bananas,  which  are  the  lead- 
ing sources  of  foreign  exchange;  nontraditional  products,  such  as  melons  and 
shrimp,  also  play  an  increasingly  important  role  in  the  economy.  Annual  per  capita 
income  is  about  $700;  the  Government  estimates  that  65  percent  of  its  citizens  live 
in  poverty. 

The  Government's  human  rights  record  improved  somewhat,  but  serious  problems 
remain.  Members  of  the  security  forces  allegedly  committed  extrajudicial  killings. 
Incidents  of  police  beating  and  other  abuse  of  detainees  remained  a  problem.  Prison 
conditions  remained  harsh,  detainees  do  not  always  receive  due  process,  and  lengthy 
pretrial  detention  is  a  problem.  Considerable  impunity  for  members  of  the  civUian 
and  military  elite,  exacerbated  by  a  weak,  underfunded,  and  sometimes  corrupt  judi- 
cial system,  contributes  to  human  rights  problems.  The  judicial  system  continued 
to  deny  swift  and  impartial  iustice  to  prisoners  awaiting  trial.  While  no  senior  gov- 
ernment official,  politician,  bureaucrat,  or  member  of  the  business  elite  was  con- 
victed of  crimes,  the  Government  removed  dozens  of  judges  and  police  investigators 
from  office  on  charges  of  corruption.  Other  human  rights  problems  included  societal 
discrimination  and  violence  against  women,  discrimination  against  indigenous  peo- 

gle,  and  abuse  of  street  children.  There  was  an  increase  in  Killings  by  vigilantes, 
hild  labor  is  a  problem,  particularly  in  rural  areas  and  in  the  informal  economy, 
but  not  in  the  export  processing  sector. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  politically 
motivated  killings;  human  rights  organizations,  however,  continued  to  allege  that 
individual  members  of  the  security  forces  committed  extrajudicial  killings.  The  Gov- 
ernment in  September  publicly  denied  such  allegations. 

In  April  the  security  forces  killed  2  persons  and  wounded  16  others  in  the  process 
of  routing  protesters  who  had  taken  over  a  highway  in  El  Paraiso.  In  November 
prison  guards  opened  fire  on  prisoners  escaping  a  fire  the  prisoners  themselves  had 
set,  killing  at  least  one  person  (see  Section  I.e.). 

Human  rights  groups  implicated  members  of  the  security  forces  in  a  number  of 
killings  of  street  cliildren  (see  Section  5.). 

The  crime  rate  surged  again  in  1997,  due  to  worsening  economic  conditions,  easy 
access  by  the  general  popmation  to  alcohol  and  weapons,  the  inability  of  the  police 


557 

to  deter  crime,  and  the  difficulties  encountered  by  an  underfunded  and  understaffed 
Die  in  investigating  and  solving  more  than  a  toKen  number  of  crimes.  The  number 
of  homicides  nationwide  rose,  averaging  five  to  six  per  day  in  the  capital  city  of 
Tegucigalpa  alone;  random  shootings  also  were  conunon.  The  drastic  increase  in  vio- 
lent crime  contributed  to  the  growth  of  private,  often  unlicensed,  ^ard  services,  and 
of  volunteer  groups  who  patrolled  their  neighborhoods  or  municipalities  to  deter 
crime.  The  proliferation  of  private  security  forces,  in  turn,  made  it  more  difficult  to 
differentiate  among  homicides  that  may  have  been  perpetrated  by  government  secu- 
rity personnel,  common  criminals,  or  private  vigilantes. 

Human  rights  groups  asserted  that  they  had  credible  evidence  that  at  least  some 
of  these  homicides  were  extrajudicial  executions.  In  such  cases,  persons  presumed 
to  be  part  of  renegade  elements  of  the  security  forces,  or  civilian  (including  vigi- 
lante) groups  working  with  such  elements,  allegedly  used  unwarranted  lethal  force 
against  supposed  habitual  criminals.  Widespread  frustration  at  the  inability  of  the 
security  forces  to  control  crime,  and  the  well-founded  perception  that  corrupt  secu- 
rity forces  were  complicit  in  the  high  rate  of  crime,  led  to  considerable  public  sup- 
port for  vigilante  justice.  The  (jovernment  did  not  take  effective  action  to  try,  con- 
vict, or  punish  anyone  for  these  offenses. 

Credible  allegations  in  the  past  of  extrajudicial  killings  by  members  of  the  FUSEP 
led  to  the  creation  in  January  1994  of  a  new,  civilian-controlled  Directorate  of 
Criminal  Investigations  under  the  control  of  the  Public  Ministry  (which  also  in- 
cludes a  prosecutorial  branch).  The  Attorney  (General  and  human  rights  groups  have 
noted  a  continuing  drop  in  the  number  of  reports  of  human  rights  abuses  since  the 
creation  of  the  DIG.  The  new  Public  Ministry,  responsible  for  investigating  all  cases 
of  extrajudicial  killings,  has  completed  its  initial  program  of  training  and  organizing 
its  staff. 

The  Supreme  Court  in  1996  issued  a  special  decree  permitting  officials  associated 
with  the  criminal  justice  system  (including  the  military,  police,  prison  wardens  and 
employees,  criminal  investigative  agents,  public  prosecutors,  judges,  and  other  mag- 
istrates) who  are  undergoing  investigation  or  trial  to  serve  their  preventive  deten- 
tion at  military  bases  and  police  centers,  rather  than  at  the  central  penitentiary  in 
Tegucigalpa,  as  had  been  the  case  in  the  past.  It  was  hoped  that  the  decree,  which 
applies  only  to  preventive  detention,  would  encourage  military  officers  sought  for  al- 
leged human  rights  abuses  in  the  1980's  to  turn  themselves  in.  The  decree  was  de- 
signed as  an  interim  measure,  pending  passage  by  the  Congress  of  a  new  penal  pro- 
cedure code  that  would  modernize  the  existing  antiquated  code. 

Under  terms  of  the  decree,  two  low-level  former  FUSEP  agents  surrendered  in 
July  to  face  charges  of  alleged  involvement  in  two  1992  disappearances  in 
Choluteca.  The  authorities  freed  them  in  August  for  lack  of  evidence. 

Two  former  senior  military  and  security  ofiicials  were  jailed  in  the  case  of  Adan 
Aviles  Funez  and  Nicaraguan  Amado  Espinoza  Paz,  who  disappeared  together  in 
Choluteca  on  June  12,  1982.  Retired  police  colonel  Marco  Antonio  Matute  Lagos  sur- 
rendered to  the  authorities  on  November  3;  colonel  Manuel  Enrique  Suarez 
Benavides  was  jailed  on  August  25.  Both  faced  charges  of  illegal  detention  and  mur- 
der. At  year's  end,  Matute  awaited  trial  on  the  charges;  Suarez  was  freed  on  appeal 
in  November. 

There  was  no  progress  in  the  investigation  or  prosecution  of  other  alleged 
extrajudicial  killings  committed  in  previous  years. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

The  Attorney  General  continued  investigations  into  the  disappearances  of  184 
people  in  the  1980's.  Various  witnesses,  survivors,  and  a  few  former  members  of  the 
mihtary  have  charged  that  a  military  intelligence  group  called  Battalion  3-16  kid- 
naped, tortured,  and  murdered  many  of  those  who  disappeared.  The  National  Com- 
missioner for  Human  Rights,  Leo  Valladares,  also  continued  his  investigation  into 
the  human  rights  abuses  alleged  to  have  been  committed  by  members  oT  Battalion 
3—16  and  the  former  DNI.  The  Attorney  General  and  the  Human  Rights  Commis- 
sioner requested  from  the  HOAF  and  the  U.S.  (Jovemment  information  that  they 
might  have  to  aid  this  investigation.  The  HOAF  claimed  to  have  no  relevant  infor- 
mation, but  the  U.S.  Government  reviewed  internal  documents  from  the  period  in 
Question  and  released  to  the  Attorney  (jeneral  and  the  Human  Rights  Commissioner 
tnousands  of  pages  of  declassified  documents,  including  several  hundred  pages  relat- 
ing to  the  1983  disappearance  of  a  U.S.  citizen  Jesuit  priest.  Father  James  Carney. 

In  February  the  Government  completed  payment  of  indemnifications  to  the  fami- 
lies of  Saul  Godinez  Cruz  and  Maniredo  Velasquez  Rodriguez  that  the  Inter-Amer- 
ican Court  of  Human  Rights  levied  in  1989.  Godinez  and  Velasquez  were  students 
at  the  National  Autonomous  University  in  1981  when  DNI  agents  detained  them; 
they  were  never  seen  again. 


558 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degradina  TYeatment  or  Punishment. — 
The  Constitution  prohibits  torture,  but  there  were  isolated  reports  that  officials  em- 
ployed such  practices.  Police  beatings  and  other  alleged  abuses  of  detainees  re- 
mained a  problem.  The  police  also  engaged  in  violence  against  street  children,  in- 
cluding beatings  and  a  number  of  killings  (see  Section  5). 

The  National  Police's  Office  of  Professional  Responsibility  (OPR)  investigates 
cases  of  alleged  torture  and  abuse;  OPR  officials  can  recommend  sanctions  for  police 
agents  found  ^ilty  of  such  mistreatment.  However,  neither  the  police  commander 
nor  the  OPR  is  empowered  to  punish  wrongdoers;  only  the  immediate  superior  of 
the  accused  agent  has  the  authority  to  do  so.  The  Public  Ministry  and  human  rights 
groups  criticized  the  OPR  for  being  unresponsive  to  their  requests  for  impartial  in- 
vestigations of  police  officers  accused  of  abuses.  In  1996  the  Public  Ministry  created 
the  Ofiice  of  Human  Rights  Inspector  within  the  DIG  to  monitor  the  behavior  of  its 
agents;  the  Inspector  reports  to  the  head  of  the  human  rights  section  of  the  Public 
Ministry  and  to  the  Attorney  General.  The  DIG  dismissed  some  40  agents  for  in- 
volvement in  corrupt  activities  and  abuses  of  authority.  The  HOAF  no  longer  exer- 
cise mission  or  funding  authority  over  the  police,  and  the  Government  in  September 
established  a  seven-member  review  board  to  monitor  the  police  until  legislation  pro- 
vides implementing  regulations  and  ministerial  authority.  The  police  are  scheduled 
to  make  the  final  transition  to  civilian  authority  in  May  1998. 

Prison  conditions  remained  harsh.  Prisoners  suffered  from  severe  overcrowding, 
malnutrition,  and  a  lack  of  adequate  sanitation.  The  country's  24  penal  centers  held 
over  9,000  prisoners;  more  than  90  percent  of  these  were  awaiting  trial,  some  for 
over  5  years.  In  August,  September,  and  November,  a  wave  of  prison  protests  across 
the  country  resulted  in  the  burning  by  inmates  of  penitentiaries  in  Santa  Barbara, 
TrujUlo,  and  Gracias,  and  in  mass  escapes  from  other  detention  centers.  After  the 
Gracias  fire,  134  prisoners  escaped.  Guards  reportedly  opened  fire  on  them,  killing 
one  person  and  wounding  five  others.  In  September  a  pnysician  who  treated  pris- 
oners in  the  central  penitentiary  in  Tegucigalpa  filed  legal  charges  against  its  war- 
den and  several  guards  for  allegedly  ordering  and  inflicting  torture.  In  October  a 
prisoner  in  San  Pedro  Sula  pubucly  claimed  that  he  had  been  raped  by  otherpris- 
oners,  and  that  he  knew  of  seven  similar  cases,  including  that  of  a  minor.  These 
events  increased  public  pressure  for  urgently  needed  penal  reforms. 

Women  are  incarcerated  in  separate  facilities  under  conditions  similar  to  those  of 
male  prisoners,  except  that  female  prisoners  do  not  have  conjugal  visit  privileges. 

More  often  than  not,  wardens  housed  the  mentally  ill  and  those  with  tuoerculosis 
and  other  infectious  diseases  among  the  general  prison  population.  A  new,  larger 
detention  facility  for  men  located  in  Tamara,  whicn  had  been  scheduled  to  open  in 
1996,  lacked  water  and  had  not  yet  been  placed  in  operation.  Prisoners  with  money 
routinely  bought  private  cells,  decent  food,  and  conjugal  visitations,  while  prisoners 
without  money  often  lacked  the  most  basic  necessities,  as  well  as  legal  assistance. 
The  prison  system  budgets  just  $0.45  (6  lempiras)  per  day  for  food  and  medicine 
for  each  prisoner.  Many  street  children  under  arrest  were  housed  in  adult  prisons, 
where  they  were  routinely  abused. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  states  that  the  police  may  arrest 
a  j)erson  only  with  a  court  order,  unless  the  arrest  is  made  during  the  commission 
of  a  crime,  and  that  they  must  clearly  inform  the  person  of  the  grounds  for  the  ar- 
rest. (By  law,  the  police  cannot  investigate;  it  only  detains  suspects.)  Police  must 
bring  a  detainee  before  a  judge  within  24  hours;  the  judge  then  must  issue  an  initial 
temporary  holding  order  within  24  hours,  release  an  initial  decision  within  6  days, 
and  conduct  a  preliminary  investigation  to  decide  whether  there  is  sufficient  evi- 
dence to  warrant  further  investigation.  In  practice,  however,  the  authorities  do  not 
routinely  observe  these  legal  requirements.  While  bail  is  legally  available,  it  is  used 
primarily  for  ostensibly  medical  reasons;  however,  procedures  for  granting  it  in  such 
cases  are  confused  and  unclear.  Poor  defendants,  even  when  represented  by  a  public 
defender,  are  seldom  able  to  take  advantage  of  bail. 

Lengthy  pretrial  detention  is  a  problem.  More  than  90  percent  of  prisoners  were 
awaiting  trial,  some  for  over  5  years  (see  Section  I.e.). 

Under  the  1984  Code  of  Criminal  Procedures,  judges,  the  police,  public  officials, 
or  any  citizen  may  initiate  criminal  proceedings.  Perhaps  as  many  as  80  percent  of 
the  cases  reported  to  the  police  are  never  referred  to  the  criminal  justice  system, 
but  instead  are  settled  administratively  by  the  police  or  by  municipal  courts,  which 
are  separate  from  the  regular  judicial  court  system. 

The  Constitution  prohibits  the  expatriation  of  a  citizen  to  another  country;  exile 
is  not  used  as  a  means  of  political  control. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary and  the  right  to  a  fair  trial.  While  the  Grovemment  respects  these  provisions 


559 

in  principle,  implementation  has  been  weak  and  uneven  in  practice.  A  number  of 
factors  limit  the  effectiveness  of  the  system:  Both  the  judiciary  and  the  Public  Min- 
istry suffer  from  inadequate  funding,  the  civil  law  inquisitorial  system  functions 
very  poorly,  and  powerful  special  interests  still  exercise  influence  and  often  prevail 
in  many  courts.  Also,  many  leading  politicians  enjoy  constitutional  immunity  from 
prosecution  because  of  their  membership  in  either  the  Congress  or  the  Central 
American  Parliament,  and  that  immunity  extends  to  acts  committed  before  taking 
office.  The  Attorney  General  in  September  publicly  described  the  legal  regime  as  "a 
system  in  collapse,  and  recommended  a  congressional  review  of  the  legal  immunity 
statutes. 

The  court  system  is  composed  of  a  Supreme  Court  with  9  magistrates;  10  appeals 
courts;  67  courts  of  first  instance  of  general  jurisdiction;  and  325  justice  of  the  peace 
courts  of  limited  iurisdiction.  Congress  elects  the  nine  Supreme  Court  justices  and 
names  the  president  of  the  Court;  the  Supreme  Court,  m  turn,  names  all  lower 
court  judges.  The  4-year  term  for  justices  of  the  Supreme  Court  coincides  with  those 
of  the  Congress  and  the  President. 

Some  progress  was  made  in  using  a  judicial  career  system  to  enhance  quaUfica- 
tions  of  sitting  judges,  depoliticize  the  appointments  process,  and  break  the  subcul- 
tures of  corruption,  clientism,  patronage,  and  influence-peddling  within  the  judici- 
ary. Nevertheless,  many  courts  remained  staffed  by  politically  selected  judges  and 
unqualified  clerks  and  were  inefficient  and  subject  to  influence  by  special  interests. 
In  September  two  members  of  the  Supreme  Court  publicly  questioned  the  political 
independence  and  financial  integrity  of  fellow  justices  on  the  Court.  The  Attorney 
General  investigated  more  than  100  judges  suspected  of  corruption  and  malfea- 
sance; 44  judges  were  dismissed  for  cause,  and  3  were  imprisoned. 

An  accusea  person  has  the  right  to  a  fair  trial,  which  includes  the  right  to  an  ini- 
tial hearing  by  a  judge,  to  bai^  to  an  attorney  provided  by  the  State  if  necessary, 
and  to  appeal.  Altnough  the  Constitution  recognizes  the  principle  of  innocence,  the 
Criminal  Code  is  in  practice  often  administered  by  ill-trained  judges  operating  on 
a  presumption  of  "^ilty  until  proven  innocent."  Pretrial  hearings  and  trials  are 
written  and  at  the  judge's  discretion  may  be  declared  secret  and  not  "public."  De- 
fendants and  their  attorneys  are  not  always  genuine  participants  in  the  process,  de- 
spite rights  accorded  under  law.  Defendants  may,  through  the  judge,  confront  wit- 
nesses against  them  and  present  evidence  on  their  own  behalf.  According  to  law, 
defendants  and  their  attorneys  have  access  to  government-held  evidence  relevant  to 
their  cases,  but  in  practice  this  is  not  always  the  case. 

In  the  inquisitorial  system,  judges  are  legally  in  charge  of  the  investigation  as 
well  as  the  trial  and  sentencing.  Both  the  Foiblic  Ministiy^s  public  prosecutors  and 
private  prosecutors  may  bring  criminal  charges  against  citizens.  A  judge  may  jail 
an  accused  person  for  6  days  before  a  determination  is  made  of  probable  cause  to 
admit  the  charge.  If  a  judge  sustains  the  criminal  accusation,  the  accused  remains 
in  jail  or  may  be  released  on  bail  while  awaiting  trial. 

A  public  defender  program  provides  service  to  those  unable  to  afford  an  adequate 
defense.  There  are  104  public  defenders  nationally  providing  free  legal  services  for 
37  percent  of  the  prison  population;  however,  public  defenders  are  hard  pressed  to 
meet  the  heavy  demands  of^a  nonautomated,  inadequately  fiinded,  and  labor-inten- 
sive criminal  justice  system.  Pending  consideration  of  proposed  reforms,  the  Su- 
Sreme  Court  issued  an  instruction  that  holds  judges  personally  accountable  for  re- 
ucing  the  backlogged  cases;  separates  judges  into  pretrial  investigative  judges,  and 
trial  and  sentencing  judges;  and  creates  a  program  to  monitor  and  enforce  compli- 
ance with  these  measures.  The  instruction  is  intended  to  ensure  that  the  rirfits  of 
the  accused  to  a  timely  and  transparent  defense  are  more  effectively  respected. 

Detention  of  criminal  suspects  pending  trial  averaged  2  years  and  remained  a  se- 
rious problem.  In  a  number  of  cases,  poor  prisoners  remained  in  jail  after  being  ac- 
quitted or  completing  their  sentences,  due  to  the  failure  by  responsible  officials  to 
process  their  release  papers.  A  significant  number  of  defendants  served  the  maxi- 
mum possible  sentence  for  the  crime  of  which  they  were  accused  before  their  trials 
were  concluded,  or  even  begun.  As  of  year's  end,  more  than  90  percent  of  all  pris- 
oners had  been  neither  tried  nor  sentenced. 

In  the  past  3  years,  the  Public  Ministry  has  taken  positive  steps  by  investigating 
and  accusing  not  only  military  officers  of*^ human  rights  violations,  but  also  ranking 
officials  of  the  past  two  governments  of  abuses  of  power,  fraud,  and  diversion  of  pub- 
lic funds  and  resources.  These  are  crimes  that  seriously  diminish  the  ability  of  the 
Government  to  address  fundamental  economic  issues  affecting  the  welfare  of  the 
general  population.  At  year's  end,  however,  none  of  those  accused  had  been  con- 
victed. 

Following  much-publicized  investigations  of  alleged  past  and  present  human 
rights  violations  by  national  security  personnel,  judges  in  the  civilian  court  system 


560 

brought  criminal  charges  against  a  number  of  senior  active  or  retired  military  offi- 
cers Tor  murder,  attempted  murder,  and  illegal  detention;  those  cases  still  awaited 
trial  at  year's  end.  Although  the  military  continued  to  profess  respect  for  civilian 
court  jurisdiction  over  its  members,  only  three  military  officers  accused  of  human 
ridhts  violations  had  turned  themselves  in. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  specifies  that  a  person's  home  is  inviolable,  and  that  persons  in  the  em- 
ploy of  the  State  may  enter  only  with  the  owner's  consent,  or  with  the  authorization 
of  a  competent  legal  authority.  Entry  may  take  place  only  between  6  a.m.  and  6 
p.m.,  or  at  any  time  in  the  event  of  an  emergency  or  to  prevent  the  commission  of 
a  crime.  However,  as  in  previous  years,  there  were  credible  charges  that  poUce  and 
armed  forces  personnel  failed  at  times  to  obtain  the  needed  authorization  before  en- 
tering a  private  home.  Despite  an  improved  system  of  "duty  judges"  and  "duty  pros- 
ecutors" to  issue  search  warrants,  coordination  among  the  poUce,  the  court,  ana  the 
Public  Ministry  remains  weak.  There  was  credible  evidence  that  the  military  main- 
tained files  on  union  activists  (see  Section  6.b.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  ol"  speech 
and  of  the  press,  and  the  authorities  largely  respected  these  freedoms  in  practice. 
The  news  media  often  were  openly  critical  of  the  Government  and  exposed  corrup- 
tion, but  they  themselves  suffered  from  corruption  and  politicization.  Serious  inves- 
tigative journalism  is  still  in  its  infancy;  there  were  numerous  credible  reports  of 
self-censorship  and  of  payments,  in  cash  or  in  kind,  to  journalists  either  to  promote 
or  to  kill  stories. 

The  Government  respects  academic  freedom  and  has  not  attempted  to  curtail  po- 
litical expression  on  university  campuses. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  all  forms  of  reUgious  ex- 
pression, and  the  Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  enter  and  exit  the  country  without  arbitrary  impediment,  and 
the  Government  does  not  restrict  travel  within  the  countiVs  borders. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees.  The  Government 
provides  first  asylum  and  grants  asylum  or  refugee  status  in  accordance  with  the 
standards  of  the  1951  United  Nations  Convention  Kelating  to  the  Status  of  Refugees 
and  its  1967  Protocol. 

There  were  no  reports  of  the  forced  return  of  persons  to  a  country  where  they 
feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  exercised  the  right  to  change  their  government  through  democratic  and 
peaceful  means  in  the  November  elections.  International  observers  found  the  elec- 
tions to  be  free  and  fair.  For  the  first  time  voters  had  the  opportunity  to  cast  sepa- 
rate ballots  in  the  presidential,  congressional,  and  municipal  elections.  Security  at 
election  sites  was  provided  by  police  forces  operating  under  civilian  control  for  the 
first  time  in  recent  years.  Voting  was  made  easier  for  citizens  by  a  change  that  al- 
lowed them  to  vote  closer  to  their  homes. 

The  national  administration  is  chosen  by  free,  secret,  direct,  and  obligatory  ballot- 
ing every  4  years.  Suffrage  is  universal,  but  the  clergy  and  members  of  the  security 
forces  are  not  permitted  to  vote.  Any  citizen  bom  in  Honduras  or  abroad  of  Hon- 
duran  parentage  may  hold  office,  except  for  members  of  the  clergy,  the  armed  forces, 
and  the  police.  A  new  political  party  may  gain  legal  status  by  obtaining  20,000  sig- 
natures and  establishing  party  organizations  in  at  least  half  of  the  country's  18  de- 
partments. 

There  are  no  legal  impediments  to  women  or  minorities  participating  in  govern- 
ment and  politics;  in  practice,  however,  the  proportion  of  women  and  minorities  in 
political  organizations  and  elective  office  is  far  lower  than  their  overall  representa- 
tion in  society.  Women  occupied  a  cabinet  ministry  and  a  Supreme  Court  position, 
as  well  as  a  number  of  vice  ministerial  positions,  in  the  Government.  Of  the  128 
deputies  in  the  Congress,  14  were  women.  In  the  November  elections,  a  woman  for 
the  first  time  was  the  presidential  candidate  of  a  major  political  party,  and  a  female 
candidate  was  elected  to  one  of  the  three  vice  presidencies  on  the  winning  party's 
ticket. 


561 

There  were  few  indigenous  persons  in  leadership  positions  in  government  or  poli- 
tics. Five  indigenous  persons  were  deputies  in  the  Congress,  and  the  ambassador 
to  the  United  Nations  is  a  member  of  the  Garifuna  indigenous  group. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  wide  variety  of  human  rights  groups  operate  without  government  restriction, 
investigating  and  publishing  their  findings  on  human  rights  cases.  Government  ofli- 
cials  are  generally  cooperative  and  responsive  to  their  views. 

In  1996  the  Congress  ratified  a  presidential  decree  expanding  the  functions  of  the 
National  Commissioner  for  Human  Rights  and  unanimously  reelected  Leo 
Valladares  to  a  6-year  term  as  National  Commissioner.  Under  this  new  decree,  and 
in  fulfillment  of  his  expanded  functions,  the  National  Commissioner  has  free  access 
to  all  civilian  and  military  institutions  and  centers  of  detention;  he  may  enter  with- 
out authorization  or  objection  by  anyone.  The  National  Commissioner  performs  his 
functions  with  complete  immunity  and  autonomy  from  all  persons. 

Anonymous  telephone  callers  continued  to  threaten  persons  active  in  human 
rights  endeavors.  Human  Rights  Commissioner  Valladares  received  numerous  tele- 
phone threats  against  himself  and  his  family.  Ramon  Custodio,  president  of  the 
Committee  for  the  Defense  of  Human  Rights  in  Honduras  (CODEH),  and  Bertha 
Oliva  de  Nativi,  coordinator  general  of  the  Committee  of  Relatives  of  the  Detained 
and  Disappeared  in  Honduras  (COFADEH),  also  received  numerous  telephone 
threats.  DIC  director  Wilfredo  Alvarado  received  death  threats  during  his  investiga- 
tion of  senior  government  officials  involved  in  illegal  sales  of  Honduran  diplomatic 
passports.  Attorney  General  Edmundo  Orellana  reported  threats  against  himself 
and  his  family  due  to  his  investigations  of  several  cases  of  persons  who  disappeared 
in  the  1980's  and  to  recent  public  denunciations  of  high-level  corruption. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  bans  discrimination  based  on  race  or  sex.  Although  it  also  bans 
discrimination  on  the  basis  of  class,  in  fact,  the  political,  military,  and  social  elites 
generally  enjoyed  impunity  before  the  legal  system.  Members  of  these  groups  rarely 
were  arrested  or  jailed;  legislators  enjoy  legal  immunity.  In  1996,  however,  the  Gov- 
ernment detained  two  officials  of  the  former  Callejas  administration,  Jose  Tomas 
Guillen  Williams  and  Luciano  Coello,  on  charges  of  corruption  and  abuse  of  author- 
ity. Both  remained  in  the  central  penitentiary  in  Tegucigalpa,  awaiting  trial. 

Women. — Violence  against  women  remained  widespread,  and  serious  weaknesses 
in  the  Penal  Code  severely  impeded  efforts  to  combat  it.  Most  such  violence  took 
place  within  the  family.  Tne  courts  did  not  take  action  in  domestic  violence  cases 
unless  the  victim  was  mjured  severely  and  incapacitated  for  more  than  10  days.  Ex- 
cept in  the  case  of  children  12  years  of  age  or  under,  rape  is  considered  a  private 
crime,  which  means  that  rape  victims  must  hire  a  private  prosecutor,  a  luxury  that 
few  can  afford.  The  penalties  for  rape  are  relatively  light,  ranging  from  3  to  9  years' 
imprisonment.  The  law  exonerates  a  rapist  if  he  offers  to  marry  the  victim  and  she 
accepts.  Under  pressure  from  the  Honduran  Women's  Committee  for  Peace — 
Visitacion  Padilla,  the  Center  for  Women's  Rights,  and  other  women's  advocacy  and 
reform  groups,  the  Congress  in  September  adopted  legislation  to  strengthen  the 
rights  of  women  and  increase  the  penalties  for  crimes  oT  domestic  violence  commit- 
ted against  women. 

There  were  few  shelters  specifically  maintained  for  battered  women.  The  Govern- 
ment operates  one  shelter  tnat  can  accommodate  10  women  and  their  families.  Six 
new  centers  for  battered  women  opened  in  1996,  offering  legal,  medical,  and  psycho- 
logical assistance,  but  not  physical  shelter.  Although  the  new  law  dealing  with  do- 
mestic violence  ofiered  some  redress,  few  women  took  advantage  of  the  legal  proc- 
ess, believing  that  judges  would  be  unwilling  to  apply  the  law  vigorously.  Sexual 
harassment  in  the  workplace  was  also  a  problem. 

Women  were  represented  in  at  least  small  numbers  in  most  of  the  professions, 
but  cultural  attitudes  limited  their  career  opportunities.  In  theory,  women  have 
equal  access  to  educational  opportunities,  but  family  pressures  often  impede  the  am- 
bitions of  women  intent  on  ootaining  higher  education.  The  law  recfuires  employers 
to  pay  women,  who  make  up  51  percent  of  the  work  force,  equal  wages  for  equal 
work,  but  employers  often  classify  women's  jobs  as  less  demanding  than  those  of 
men  in  order  to  justify  paying  them  lower  salaries. 

Some  organizations  have  begun  to  offer  assistance  to  women,  principally  targeting 
those  living  in  the  rural  sectors  and  marginal  neighborhoods  of  cities.  The  Hon- 
duran Federation  of  Women's  Associations,  for  example,  provided  home  construction 
and  improvement  loans,  offered  free  legal  assistance,  and  lobbied  the  Government 


562 

on  women's  causes.  The  Center  for  the  Investigation  and  Promotion  of  Human 
Rights  (CEPRODEH)  continued  to  operate  a  program  to  make  women  aware  of  their 
rights  under  the  law. 

Children. — ^Although  the  Government  committed  itself  to  protecting  children  by 
allocating  37  percent  of  its  1998  budget  to  public  education  and  health  care,  it  was 
unable  to  prevent  the  abuse  of  street  children  (see  Section  I.e.)  and  child  laborers 
(see  Section  6.d.).  There  were  an  estimated  4,000  street  children,  of  whom  only  half 
reportedly  have  shelter  on  any  given  day.  Many  street  children  have  been  sexually 
molested,  and  about  40  percent  regularly  engaged  in  prostitution;  approximately  30 

[)ercent  of  the  street  children  in  Tegucigalpa  and  San  Pedro  Sula,  the  two  jxipu- 
ation  centers,  were  HIV  positive.  At  least  40  percent  were  addicted  to  sniffing  glue. 
Over  75  percent  of  the  street  children  found  tneir  way  to  the  streets  because  of  se- 
vere family  problems;  30  percent  simply  were  abandoned.  Both  the  police  and  mem- 
bers of  the  general  population  engaged  in  violence  against  street  children.  When  the 
authorities  arrested  minors,  many  of  whom  were  cnarged  with  the  commission  of 
capital  and  other  serious  crimes,  they  were  housed  with  adult  detainees  who  abused 
them;  one  such  case  in  San  Pedro  Sula  became  public  in  October. 

In  1996  the  (jovemment  opened  juvenile  centers  in  Tamara,  El  Carmen,  and  El 
Hatillo  (located  in  sections  oiTegucigalpa  and  San  Pedro  Sula).  Nonetheless,  a  gen- 
eral lack  of  juvenile  detention  facilities  contributed  to  the  detention  of  minors  with 
adults,  and  to  vigilante  violence  against,  and  police  abuse  of,  street  children.  A  juve- 
nile who  escaped  from  El  Hatillo  in  March  was  killed  while  trying  to  avoid  recap- 
ture, and  four  other  runaways  from  El  Carmen  and  El  Hatillo  in  September  were 
found  beaten  to  death  or  executed  by  a  shot  throu^  the  head.  Human  rights  groups 
implicated  out-of-uniform  security  personnel  in  these  and  at  least  eight  other  juve- 
nile deaths.  In  October  Casa  Alianza  de  Honduras  (Covenant  House  of  Honduras), 
an  organization  dedicated  to  children's  rights,  brought  charges  before  the  Public 
Ministry  against  unnamed  members  of  the  armed  forces  and  the  police  for  the  al- 
leged torture  of  63  juveniles  or  minors,  35  of  whom  reportedly  were  murdered,  since 
1990.  Also  in  October,  a  f)olice  captain  was  placed  in  preventive  detention  and  four 
other  police  agents  were  placed  under  investigation  for  illegally  detaining  and  beat- 
ing three  youths. 

New  legislation  covering  children  and  adolescents  took  effect  in  1996,  covering  the 
rights,  liberties,  and  protection  of  children,  including  in  the  area  of  child  labor  (see 
Section  6.d.).  It  established  prison  sentences  of  up  to  3  years  for  persons  convicted 
of  any  manner  of  child  abuse.  In  September  the  Government  for  the  fifth  consecu- 
tive year  convened  a  national  children's  congress  at  which  boys  and  girls  from 
throughout  the  country  discussed  issues  affecting  the  nation's  youth.  Street  children 
participated  in  this  congress  for  the  first  time. 

People  With  Disabilities. — There  are  no  formal  barriers  to  participation  by  dis- 
abled persons  in  employment,  education,  or  health  care,  but  neither  is  there  specific 
statutory  or  constitutional  protection  for  them.  There  is  no  legislation  that  requires 
access  by  disabled  persons  to  government  buildings  or  commercial  establishments. 

Indigenous  People. — The  small  communities  of  indigenous  people  had  little  or  no 
ability  to  participate  in  decisions  affecting  their  lands,  cultures,  traditions,  or  the 
allocation  of  natural  resources.  Indigenous  land  rights  are  communal.  While  the  law 
permits  persons  to  claim  individual  freeholding  titles,  this  was  difficult  to  accom- 
plish in  practice.  Tribal  lands  often  are  defined  poorly  in  documents  dating  back  to 
the  mid- 19th  century  and,  in  most  cases,  lack  any  legal  title  based  on  modern  cadas- 
tral measurements.  The  Honduran  Forestry  Development  Corporation  makes  all  de- 
cisions regarding  exploitation  of  timber  resources  on  indigenous  lands,  often  over 
strenuous  tribal  objection.  Nonindigenous  farmers  and  cattle  ranchers  regularly 
usurp  indigenous  lands. 

The  courts  commonly  denied  legal  recourse  to  indigenous  groups  and  often  showed 
bias  in  favor  of  nonindigenous  parties  who  were  people  of  means  and  influence.  The 
illegal  seizure  of  private  property  is  punishable  oy  3V2  years'  imprisonment,  while 
unauthorized  demonstrations  in  public  venues  can  result  in  prison  terms  of  3  to  5 
years  and  fines  ranging  from  $770  to  $3,845.  Failure  to  obtain  legal  redress  fre- 
quently caused  indigenous  groups  to  attempt  to  regain  land  through  invasions  and 
other  tactics,  which  usually  provoked  the  authorities  into  retaliating  forcefully. 

In  April  Candido  Amador  Recinos,  a  leader  of  the  Chorti  indigenous  group  who 
was  active  in  efforts  to  regain  tribal  lands,  was  murdered  in  Corralitos;  there  has 
been  no  progress  in  the  investigation  of  his  death.  In  May  after  month-long  protests 
by  indigenous  organizations  that  included  a  hunger  strike,  the  Government  signed 
a  22-point  agreement  with  representatives  of  various  groups  that  would  make  avail- 
able 9  initial  land  grants  of  9,000  hectares  each  to  different  tribes,  grant  some  con- 
tested land  titles  outright  to  indigenous  petitioners,  and  set  aside  $15,385  in  govern- 
ment funds  for  indigenous  housing.  The  Congress  also  created  a  commission  to 


563 

study  indigenous  land  claims,  which  often  conflict  with  the  claims  of  small  farmers. 
The  Government  in  August  transferred  title  to  an  additional  1,200  hectares  of  land 
to  various  indigenous  groups  after  protesters  temporarily  seized  the  grounds  of  the 
President's  office,  the  Congress,  and  a  foreign  emDassy.  On  October  12,  indigenous 
protesters  destroyed  a  statue  of  Columbus  in  Tegucigalpa.  One  month  later,  leaders 
of  the  group  turned  themselves  over  to  a  court;  the  judge  reduced  the  charges  to 
vandalism  and  released  them  on  bail. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  have  the  legal  right  to  form  and  join  labor 
unions;  the  unions  are  independent  of  government  and  political  parties.  Three  large 
peasant  organizations  are  affiliated  directly  with  the  labor  movement.  Unions  fre- 
quently participate  in  public  rallies  against  government  policies  and  make  extensive 
use  of  the  news  media  to  advance  their  views.  Since  only  about  14  percent  of  the 
work  force  is  unionized,  however,  the  economic  and  political  influence  of  organized 
labor  has  diminished  in  recent  years.  The  Constitution  provides  for  the  right  to 
strike,  along  with  a  wide  range  of  other  basic  labor  rights,  which  the  authorities 
honor  in  practice.  The  Civil  Service  Code,  however,  denies  the  right  to  strike  to  all 
government  workers,  other  than  employees  of  state-owned  enterprises.  There  were 
illegal  work  stoppages  during  the  year,  conducted  by  public  sector  employees  in 
hedth  and  related  industries.  In  November  the  authorities  ordered  the  security 
forces  to  remove  striking  health  workers  from  public  health  facilities  in  Tegucigalpa. 
The  health  workers  returned  to  their  jobs  after  the  Government  agreed  to  establish 
a  bipartite  panel  to  review  worker  demands. 

A  number  of  private  firms  have  instituted  "solidarity"  associations,  which  are  es- 
sentially aimed  at  providing  credit  and  other  services  to  workers  and  managers  who 
are  members  of  the  association.  Representatives  of  organized  labor  groups  criticize 
these  associations,  asserting  that  they  do  not  permit  strikes,  have  inadequate  griev- 
ance procedures,  and  neutralize  genuine,  representative  trade  unions. 

The  trade  union  movement  maintains  close  ties  with  various  international  trade 
union  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  protects  workers' 
rights  to  organize  and  to  bargain  collectively;  collective  bargaining  agreements  are 
the  norm  for  companies  in  which  workers  are  organized.  However,  although  the 
Labor  Code  prohibits  retribution  by  employers  for  trade  union  activity,  it  is  a  com- 
mon occurrence.  Some  employers  have  threatened  to  close  down  unionized  compa- 
nies and  harassed  workers  seeking  to  unionize,  in  some  cases  dismissing  them  out- 
right. Employers  actually  dismiss  relatively  few  workers  for  union  activity,  once  a 
union  is  recognized;  such  cases,  however,  serve  to  discourage  workers  elsewhere 
from  attempting  to  organize. 

Workers  in  both  unionized  and  nonunionized  companies  are  under  protection  of 
the  Labor  Code,  which  gives  them  the  right  to  seek  redress  from  the  Ministry  of 
Labor.  The  Ministry  took  action  in  several  cases,  pressuring  employers  to  observe 
the  code.  Labor  or  civil  courts  can  require  employers  to  rehire  employees  fired  for 
union  activity,  but  such  rulings  are  uncommon.  Agreements  between  management 
and  unions  generally  contain  a  clause  prohibiting  retaliation  against  any  worker 
who  participates  in  a  strike  or  union  activity.  In  one  instance,  however,  the  Banco 
de  Trabajadores  received  a  court  order  to  rehire  two  workers  who  successfully 
unionized  that  firm,  but  refused  to  reinstate  them  in  their  former  duties;  instead., 
the  bank  assigned  the  two  workers  to  an  empty  office  and  denied  them  the  oppor- 
tunity to  work.  Those  individuals  remained  on  the  payroll  at  their  former  salaries, 
but  it  was  assumed  that  the  bank  wished  them  to  resign  in  frustration  over  their 
new  office  environment.  The  bank  refused  to  cooperate  with  an  investigation  into 
these  circumstances  by  the  National  Commissioner  for  Human  Rights,  who  threat- 
ened to  pursue  legal  action  against  the  bank.  In  November  the  Government  seized 
control  of  the  bank's  records  and  threatened  to  arrest  bank  officials  for  noncompli- 
ance with  the  court's  edict. 

The  same  labor  regulations  apply  in  export  processing  zones  (EPZ's)  as  in  the  rest 
of  private  industry.  Unions  are  active  in  the  government-owned  Puerto  Cortes  free 
trade  zone  (7  of  11  maquiladoras  there  are  unionized),  but  factory  owners  have  re- 
sisted efforts  to  organize  the  new,  privately  owned  industrial  parks.  In  February  two 
lawyers  representing  maquiladoras  during  labor  negotiations  in  Puerto  Cortes 
claimed  to  nave  received  death  threats.  The  Honduran  Association  of  Maquiladores 
(AHM)  over  the  past  2  years  has  sponsored  seminars  and  other  meetings  between 
its  membership  and  major  labor  groups.  As  a  result,  tensions  have  declined,  and 
some  two  dozen  plants  have  unionized  peacefully  in  the  privately  owned  EPZ's.  The 
AHM  in  July  adopted  a  new  code  of  conduct  governing  salaries  and  working  condi- 
tions in  the  industry  and  recognizing  worker  rights  to  organize.  Although  the  AHM 


564 

neither  consulted  local  unions  before  drafting  it,  nor  provided  for  any  formal  role 
for  oivanized  labor  in  supervising  its  implementation  with  the  industry,  the  code 
nonetheless  represents  a  new,  public  commitment  by  apparel  manufacturers  to 
abide  by  local  laws  and  regulations  governing  their  industries.  It  provides  a  starting 
point  for  a  dialog  among  the  AHM,  organized  labor,  and  the  Government.  The  atti- 
tude of  the  Government  towards  organized  labor  in  the  EPZ's  is  the  same  as  regards 
other  industries. 

In  a  number  of  maquiladora  plants,  workers  have  shown  little  enthusiasm  for 
unionizing,  since  they  consider  their  treatment,  salary,  and  working  conditions  to 
be  as  good  as,  or  better  than,  those  in  unionized  plants.  In  the  absence  of  unions 
and  collective  bargaining,  several  EPZ  plants  have  instituted  solidarity  associations 
that,  to  some  extent,  function  as  "company  unions"  for  the  purposes  of  setting  wages 
and  negotiating  working  conditions.  Other  EPZ  plants  use  the  minimum  wage  to  set 
starting  salaries,  and  adjust  wage  scales  by  negotiating  with  common  groups  of 
plant  workers  and  other  employees^  based  on  seniority,  skills,  categories  of  work, 
and  other  criteria.  In  June  a  South  Korean-owned  maquiladora  plant  agreed  to  per- 
mit an  independent  monitoring  group  composed  of  religious,  numan  rights,  and 
women's  oi^anizations  to  inspect  its  facility  and  observe  the  working  conditions  of 
its  employees.  Unions  objected  to  the  agreement  because  it  excluded  them,  while 
other  maquiladoras  observed  that  the  monitors  lacked  relevant  expertise  in  the  in- 
dustry. 

Labor  leaders  blame  the  Government  for  allowing  private  companies  to  act  con- 
trary to  the  Labor  Code  and  expect  the  problem  to  continue  until  the  Ministry  of 
Labor  is  reorganized  to  make  it  more  efficient.  They  criticize  the  Ministry  for  not 
enforcing  the  Labor  Code,  for  taking  too  long  to  make  decisions,  and  for  being  timid 
and  indiiTerent  to  workers'  needs.  Under  a  November  1995  Memorandum  of  Under- 
standing between  the  Ministry  of  Labor  and  the  Office  of  the  United  States  Trade 
Representative,  which  called  for  greater  enforcement  of  the  Honduran  Labor  Code, 
the  Ministry  has  made  significant  progress  toward  enforcing  the  code.  The  Ministry 
has  increased  its  inspections  of  the  maquiladoras  and  the  training  of  its  inspectors; 
however,  it  does  not  yet  adhere  completely  to  international  labor  standards.  Along 
with  other  Central  American  nations,  the  Government  in  August  agreed  to  fund  a 
program  to  modernize  the  inspection  and  labor  management  functions  of  the  Min- 
istry of  Labor. 

Trie  Labor  Code  clearly  prohibits  blacklisting;  nevertheless,  there  was  credible  evi- 
dence that  informal  blacklisting  occurred  in  the  privately  owned  industrial  parks. 
When  unions  are  formed,  organizers  must  submit  a  list  of  initial  members  to  the 
Ministry  of  Labor  as  part  of  the  process  of  obtaining  official  recognition.  Before  offi- 
cial recognition  is  granted,  however,  the  Ministry  must  inform  the  company  of  the 
impending  union  organization.  The  Ministry  has  not  always  been  able  to  provide  ef- 
fective protection  to  workers.  There  were  credible  reports  that,  particularly  in  the 
EPZ  sector,  some  inspectors  had  gone  so  far  as  to  sell  the  names  of  employees  in- 
volved in  forming  a  union  to  companies  that  then  dismissed  union  organizers  before 
the  Ministry  could  recognize  the  unions.  There  also  was  credible  evidence  that  mili- 
tary intelligence  maintained  files  on  union  activists. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  and  the  law  pro- 
hibit forced  or  compulsory  labor,  and  this  applies  equally  to  children.  Althou^  there 
were  no  official  reports  of  such  practices  in  the  area  of  child  labor,  there  were  credi- 
ble allegations  of  compulsory  overtime  at  EPZ  plants,  particularly  for  women,  who 
constitute  an  estimated  80  percent  of  the  work  force  in  tne  maquiladora  sector. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Con- 
stitution and  the  Labor  Code  prohibit  the  employment  of  minors  under  the  age  of 
16,  except  that  a  child  who  is  15  years  of  age  is  permitted  to  work  with  the  permis- 
sion of  its  parents  and  the  Ministry  of  Labor.  The  new  Children's  Code  prohibits 
a  child  of  14  years  of  age  or  less  from  working,  even  with  parental  permission,  and 
establishes  prison  sentences  of  3  to  5  years  for  individuals  who  allow  children  to 
work  iUegally.  An  employer  who  legally  hires  a  15-year-old  must  certify  that  the 
child  has  finished  or  is  finishing  his  compulsory  schooling.  The  Ministry  of  Labor 
grants  a  number  of  work  permits  to  15-year-olds  each  year. 

The  Ministry  of  Labor  cannot  efiectively  enforce  child  labor  laws,  except  in  the 
maquiladora  sector,  and  violations  of  the  Labor  Code  occur  frequently  in  rural  areas 
and  in  small  companies.  Many  children  work  on  small  family  farms,  as  street  ven- 
dors, or  in  small  workshops  to  supplement  the  family  income.  According  to  the  Min- 
istry of  Labor,  human  rights  groups,  and  organizations  for  the  protection  of  chil- 
dren, the  most  significant  child  labor  problem  is  in  the  construction  industry. 

The  employment  of  children  under  the  legal  working  age  in  the  maquiladora  sec- 
tor may  occur,  but  not  on  a  large  scale.  (Younger  children  sometimes  obtain  working 
permits  or  purchase  forged  permits  containing  the  Labor  Ministry's  letterhead.)  The 


565 

maquiladoras  in  recent  years  have  raised  their  minimum  employment  age,  and 
some  now  hire  only  at  age  18  or  above. 

e.  Acceptable  Conditions  of  Work. — In  1995  the  Government  decreed  a  25  percent 
increase  in  the  minimum  wage.  Daily  pay  rates  vary  by  geographic  zone  and  the 
sector  of  the  economy  affected;  urban  workers  earn  slightly  more  than  workers  in 
the  countryside.  The  lowest  minimum  wage  occurs  in  the  agricultural  sector,  where 
it  ranges  from  $1.92  to  $2.31  (25  to  30  lempiras)  per  day,  depending  on  whether 
the  employer  has  more  than  15  employees;  the  highest  minimum  wage  is  $3.05 
(39.65  lempiras)  per  day  in  the  export  sector.  All  workers  are  entitled  to  the  equiva- 
lent of  an  additional  month's  salary  in  June  and  December  of  each  year. 

The  Constitution  and  the  Labor  Code  stipulate  that  all  labor  be  fairly  paid,  but 
the  Ministry  of  Labor  lacks  the  staff  and  other  resources  for  effective  enforcement. 
Even  after  three  annual  increases,  the  minimum  wage  is  considered  insufficient  to 
provide  a  standard  of  living  above  the  poverty  line  for  a  worker  and  family.  Labor 
leaders  said  that  the  Government  was  ignoring  workers  earning  above  the  minimum 
wage  (for  example,  those  in  the  maquiladoras  and  in  other  industries,  such  as  bank- 
ing), and  called  for  an  across-the-board  increase  of  35  percent  that  they  claimed 
would  benefit  all  workers. 

The  law  prescribes  a  maximum  8-hour  workday  and  a  44-hour  workweek.  There 
is  a  requirement  of  at  least  one  24-hour  rest  period  every  8  days.  The  Labor  Code 
provides  for  a  paid  vacation  of  10  workdays  after  1  year,  and  of  20  workdays  after 
4  years.  However,  employers  frequently  ignored  these  regulations  due  to  the  high 
level  of  unemployment  and  underemployment  and  the  lack  of  effective  enforcement 
by  the  Labor  Ministry. 

The  Ministry  of  Labor  is  responsible  for  enforcing  national  health  and  safety  laws, 
but  does  not  do  so  effectively.  Although  fewer  than  in  previous  years,  some  com- 
plaints alleged  the  failure  of  foreign  factory  managers  to  comply  with  the  occupa- 
tional health  and  safety  aspects  of  Labor  Code  regulations  in  factories  located  in  the 
EPZ's  and  private  industrial  parks.  There  is  no  provision  allowing  a  worker  to  leave 
a  dangerous  woric  situation  without  jeopardy  to  continued  employment. 


JAMAICA 

Jamaica  is  a  constitutional  parliamentary  democracy  and  a  member  of  the  Com- 
monwealth of  Nations.  Two  political  parties  have  alternated  in  power  since  the  first 
elections  under  universal  adult  suffrage  in  1944;  a  third  major  party  was  estab- 
lished in  late  1995.  Prime  Minister  Patterson's  People's  National  Party  (PNP)  won 
50  of  the  60  seats  in  Parliament  in  national  elections  on  December  18.  The  general 
election  campaign  was  significantly  less  violent  than  previous  electoral  campaigns. 
However,  there  continued  to  be  intimidation  of  voters  and  party  agents  and  restric- 
tions on  the  free  movement  of  voters.  The  judiciary  is  independent  but  lacks  ade- 
quate resources. 

The  Jamaica  Constabulary  Force  (JCF)  has  primary  responsibility  for  internal  se- 
curity, assisted  by  the  Island  Special  Constabulary  Force.  The  Jamaica  Defence 
Force  (army,  air  wing,  and  coast  guard)  is  charged  with  supporting  the  JCF  in 
maintaining  law  and  order,  although  it  has  no  powers  of  arrest.  While  civilian  au- 
thorities generally  maintain  effective  control  of  the  security  forces,  some  members 
of  the  security  forces  committed  human  rights  abuses. 

The  economy  is  based  on  primary  products  (bauxite  and  alumina,  sugar,  bananas), 
services  (tourism,  finance),  and  light  manufacturing  (garment  assembly).  The  Gov- 
ernment promoted  private  investment  to  stimulate  economic  growth  and  moderniza- 
tion, pursuing  in  the  process  a  sometimes  painful  program  of  structural  adjustment. 
Annual  per  capita  income  is  $2,170,  but  this  figure  is  misleading  as  there  is  a  large 
and  widening  gap  between  the  wealthy  and  the  impoverished. 

The  (jovemment  generally  respects  the  human  rights  of  its  citizens;  however, 
problems  remained  in  certain  areas.  Although  members  of  the  security  forces  com- 
mitted extrajudicial  killings  and  beatings  and  carried  out  arbitrary  arrests  and  de- 
tentions, the  Government  moved  effectively  to  punish  some  of  those  involved.  Prison 
and  jail  conditions  remained  poor,  with  overcrowding,  brutality  against  detainees, 
dismal  sanitary  conditions,  and  inadequate  diet  the  norm.  The  judicial  system  was 
overburdened  and  lengthy  delays  in  trials  were  common.  Economic  discrimination 
and  violence  against  women  remained  problems,  as  did  mob  violence  against  those 
suspected  of  breaking  the  law. 


566 


RESPECT  FOR  HUMAN  RIGHTS 


Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — The  security  forces  frequently  em- 
ployed lethal  force  in  apprehending  criminal  suspects,  usually  in  the  guise  of  shoot- 
outs.  This  resulted  in  the  killing  by  police  of  149  people  during  the  year.  While  alle- 
gations of  "police  murder"  were  frequent,  the  validity  of  some  of  the  allegations  was 
suspect.  This  problem  is  the  result  of  unresolved,  long-standing  antipathy  between 
the  security  forces  and  certain  communities,  especially  among  the  urban  poor.  The 
JCF  conducted  both  administrative  and  criminal  investigations  into  incidents  in- 
volving fatal  shootings  by  the  police.  The  JCF  policy  statement  on  the  use  of  force 
incorporates  U.N.-approved  language  on  basic  principles  on  the  use  of  force  and  fire- 
arms by  law  enforcement  officials. 

Political  violence  lessened  considerably  from  1996.  However,  the  opposition  Ja- 
maica Labor  Party  (JLP)  accused  the  security  forces  of  targeting  the  opposition  lead- 
er's West  Kingston  constituency  for  special  attention,  culminating  in  a  May  &-7  con- 
frontation with  residents  of  Tivoli  Gardens.  In  this  confrontation,  the  police  shot 
and  killed  four  persons  (three  women  and  one  child)  and  injured  nine  others  by  gun- 
fire. All  the  victims  were  unarmed  civilians.  No  member  of  the  security  forces  was 
iryured,  and  no  arrests  were  made.  Despite  the  apparent  use  of  excessive  force,  the 
Government  refused  calls  to  convene  a  commission  of  inquiry  and  took  no  action 
against  any  member  of  the  security  forces. 

There  were  no  new  developments  in  the  beating  death  of  a  22-year-old  man  in 
a  West  Kingston  police  station  in  April  1996.  There  were  also  no  new  developments 
in  the  May  1996  death  of  a  man  held  in  the  Port  Antonio  jail,  nor  in  the  murder 
trial  of  a  JCF  officer  accused  in  two  July  1993  killings.  No  action  was  reported  in 
the  civil  lawsuits  brought  by  relatives  of  two  men  who  died  in  the  Constant  Spring 
jail  in  1992. 

Vigilantism,  involving  spontaneous  mob  executions  in  response  to  crime,  contin- 
ued to  be  a  problem.  Tliere  were  20  vigilante  killings  in  1995,  21  in  1996,  and  16 
in  1997.  Official  investigations  into  such  killings  generally  do  not  uncover  any  infor- 
mation, as  the  persons  and  the  community  involved  usually  band  together  to  intimi- 
date potential  witnesses.  In  one  case,  a  mob  stoned  to  death  a  foreigner  in  Montego 
Bay  after  his  car  hit  a  vendor's  stand.  The  official  investigation  uncovered  only  one 
witness  who  was  willing  to  testify,  despite  the  fact  that  the  murder  happened  in 
daylight  on  a  busy  street.  The  first  trial  of  the  accused  assailants  resulted  in  a  hung 
jury,  but  the  public  prosecutor  planned  to  try  the  defendants  again.  In  other  cases, 
four  suspected  robbers  were  killed  with  machetes  in  rural  St.  Mary  in  July.  In  Feb- 
ruary a  man  was  killed  by  machete  after  attacking  an  elderly  woman  in  rural  St. 
Andrew.  No  arrests  were  made  in  either  case. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  torture  and  other  abuse  of  prisoners  and  detainees.  However,  re- 
ports of  physical  abuse  of  prisoners  by  guards  continued,  despite  efforts  by  the  Gov- 
ernment to  remove  abusive  guards  and  improve  procedures. 

In  April  the  Police  Commissioner  condemned  the  excessive  use  of  force  by  police 
in  Hopewell,  Hanover,  who  shot  six  persons  who  were  demonstrating  against  sub- 
standard roads  and  water  supply.  The  authorities  charged  three  policemen  with  un- 
lawful wounding;  no  trial  date  had  been  set  by  year's  end.  In  June  the  appeal  of 
three  policemen  who  were  convicted  of  rape  in  1994  was  denied;  the  convicted  po- 
licemen are  to  serve  8-year  prison  terms. 

Prison  conditions  remained  poor,  with  overcrowding,  inadequate  diet,  poor  sani- 
tary conditions,  and  insuflicient  medical  care  the  norm.  In  August  violence  erupted 
at  both  men's  maximum  security  prisons  after  prison  warders  engaged  in  a  mass 
sickout.  Inmates  killed  16  of  their  lellow  prisoners,  many  of  them  because  they  had 
been  identified  as  homosexuals.  The  Government  convened  a  commission  of  inquiry, 
which  was  still  investigating  the  matter  at  year's  end. 

The  Government  allowed  private  groups,  voluntary  organizations,  international 
human  rights  organizations,  and  the  media  to  visit  prisons  and  monitor  prison  con- 
ditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — In  1994  Parliament  repealed  the  Sup- 
pression of  Crimes  Act  of  1974,  which  permitted  warrantless  searches  and  the  arrest 
of  persons  "reasonably  suspected"  of  having  committed  a  crime.  The  Jamaica  Con- 
stabulary Force  Act,  however,  now  contains  several  of  these  provisions,  and  there 
were  continued  reports  that  the  police  abused  these  provisions.  In  March  the  Jamai- 
can Bar  Association  (JBA)  protested  that  the  police  were  unlawfully  detaining  and 
fingerprinting  groups  of  citizens  in  poor,  inner  city  areas.  At  the  time,  the  Police 


567 

Commissioner  disavowed  the  practice  and  ordered  it  discontinued;  however,  both  the 
JBA  and  the  Jamaica  Council  on  Human  Rights  state  that  the  practice  continues. 

The  law  requires  police  to  present  a  detainee  in  court  within  48  hours  of  deten- 
tion, but  the  authorities  continued  to  detain  suspects,  especially  those  from  poor 
neighborhoods,  without  bringing  them  before  a  judge  withm  the  prescribed  period. 
Magistrates  inquire  at  least  once  per  week  into  the  welfare  of  each  person  listed 
by  uie  JCF  as  being  detained.  There  is  a  functioning  bail  system. 

Foreign  prisoners  must  pay  for  their  own  deportation  once  they  have  completed 
their  sentences.  If  they  cannot  afford  to  pay,  they  are  jailed  until  relatives  or  con- 
sulates can  arrange  for  transportation.  In  efiect  this  constitutes  an  additional  prison 
term  for  indigent  foreigners. 

The  Constitution  prohibits  exile,  and  no  instances  of  exile  occurred. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, which  exists  in  practice.  However,  the  judicial  system  is  overburdened  and  op- 
erates with  inadequate  resources. 

Three  courts  handle  criminal  matters  at  the  trial  level.  Resident  magistrates  try 
lesser  offenses  (misdemeanors).  A  Supreme  Court  judge  tries  felonies,  except  that 
felonies  involving  firearms  are  tried  before  a  judge  oi  the  Gun  Court.  Defendants 
have  the  right  to  appeal  a  conviction  in  any  of  the  three  trial  courts  to  the  Court 
of  Appeal,  which  is  tne  highest  court.  The  Constitution  allows  the  Court  of  Appeal 
and  the  Parliament  to  refer  cases  to  the  Judicial  Committee  of  the  Privy  Council 
in  the  United  Kingdom  as  a  final  court  of  app>eal. 

The  lack  of  sufficient  staff  and  resources  hinders  due  process.  Trials  in  many 
cases  are  delayed  for  years,  and  other  cases  are  dismissed  because  files  cannot  be 
located.  The  Government  initiated  a  night  court  in  September  1995,  which  has  had 
some  success  in  reducing  the  backlog  of  cases. 

While  the  defendant's  right  to  counsel  is  well-established,  the  courts  appoint  coun- 
sel for  indigents  only  in  cases  of  a  serious  offense  (e.g.,  murder,  rape,  roobery,  and 
gun  offenses).  However,  the  law  does  not  consider  many  offenses,  including  wound- 
ing with  intent  to  cause  great  bodily  harm,  as  "serious."  Thus  the  courts  try  many 
defendants  without  benefit  of  counsel. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  arbitrary  intrusion  by  the  State  into  the  private  life  of  the 
individual.  The  revised  Jamaica  Constabulary  Force  Act  continues  to  give  security 

Personnel  broad  powers  of  search  and  seizure  similar  to  those  granted  by  the  former 
uppression  of  Crimes  Act. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  respects  these  rights  in  practice. 

The  Government  privatized  the  Jamaica  Broadcasting  Company  in  June,  and  the 
television  station  and  two  radio  stations  it  operated  became  privately  owned.  The 
Government's  broadcasting  commission  has  the  right  to  regulate  programming  dur- 
ing emergencies.  Foreign  television  transmissions  are  unregulated  and  available 
through  satellite  antennas.  The  four  largest  newspapers,  all  privately  owned,  regu- 
larly report  on  human  rights  abuses,  particularly  those  involving  the  JCF.  Foreign 
publications  are  widely  available. 

The  Government  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel.  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  authorities  respect 
them  in  practice. 

'Hie  Government  coop)erates  with  the  office  of  the  U.N.  High  Commissioner  for 
Refugees  and  other  humanitarian  organizations  in  assisting  refugees.  The  Govern- 
ment provides  first  asylum,  and  provided  it  to  approximately  40  persons  in  1994. 
Similar  but  smaller  numbers  of  first  asylum  cases,  mainly  Cubans  and  Haitians, 
were  accepted  in  1995  and  1996,  but  none  were  accepted  in  1997.  The  (jovemment 
established  a  committee  and  formal  procedures  to  review  claims  to  refugee  status. 
This  committee  denied  all  claims  to  refugee  status  by  Cubans  and  Haitians  who  had 
arrived  in  Jamaica  since  1994.  However,  several  Cuban  applicants  were  granted 
permission  to  stay  in  Jamaica  on  other  grounds,  but  none  received  such  permission 
in  1997. 

There  were  no  reports  of  forced  return  of  persons  to  a  country  where  they  feared 
persecution. 


568 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  periodic  elections  held  on  the  basis  of 
universal  suffrage.  All  citizens  age  18  and  over  have  the  right  to  vote  by  secret  bal- 
lot. However,  voters  living  in  so-called  garrison  communities,  which  are  located  in 
inner-city  areas  dominated  by  one  of  the  two  major  political  parties,  face  substantial 
impediments  to  the  free  exercise  of  their  right  to  vote.  During  the  general  election 
campaign,  both  international  and  local  observer  groups  concluded  that,  although  the 
process  was  significantly  less  violent  than  recent  election  campaigns,  problems  per- 
sisted in  the  garrison  communities.  These  problems  included  intimidation  of  party 
agents  and  voters  of  nondominant  parties  and  restrictions  on  the  movement  of  vot- 
ers and  election  workers.  Some  areas  are  so  dominated  by  one  party  that  the  polls 
simply  closed  early  and  vote  counts  were  taken  that  resulted  in  100  percent  (or 
nearly  100  percent)  of  the  votes  being  awarded  to  the  dominant  party.  These  prob- 
lems persisted  in  the  December  18  election,  despite  the  best  efforts  of  the  security 
forces,  which  were  credited  with  controlling  violence,  such  as  the  beating  of  voters, 
and  reducing  election  malpractice,  such  as  stealing  ballot  boxes  from  polling  places. 

There  are  no  legal  restrictions  on  the  participation  of  women  in  politics.  Women 
hold  some  13  percent  of  all  political  oHices  and  30  percent  of  the  senior  civil  service 
positions.  Two  of  the  16  cabinet  members  are  women,  as  is  the  PNP  General  Sec- 
retary. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  lindings  on  human  rights  cases.  The  work  of  the  Ja- 
maica Council  for  Human  Rights,  the  country's  only  formal  organization  concerned 
with  aU  aspects  of  human  rights,  was  severely  hampered  by  a  lack  of  adequate  re- 
sources, which  required  a  substantial  reduction  in  its  staff.  Government  officials  are 
generally  cooperative  and  responsive  to  the  views  of  human  rights  organizations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion.  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  grounds  of  race,  place  of  origin,  polit- 
ical opinions,  color,  creed,  or  sex.  The  Government  largely  enforces  these  prohibi- 
tions m  practice,  except  for  widespread  discrimination  on  the  basis  of  political  opin- 
ion in  the  distribution  of  scarce  governmental  benefits,  including  employment,  espe- 
cially in  the  garrison  communities  (see  Section  3). 

Women. — In  practice  women  suffer  from  economic  discrimination,  sexual  harass- 
ment in  the  workplace,  and  social  and  cultural  traditions  that  perpetuate  violence 
against  women,  including  spousal  abuse.  The  Domestic  Violence  Act  of  1995  came 
into  effect  in  May  1996.  It  provides  additional  remedies  for  domestic  violence,  in- 
cluding restraining  orders  and  other  noncustodial  sentencing.  Violence  against 
women  is  widespread,  but  many  women  are  reluctant  to  acknowledge  or  report  abu- 
sive behavior,  leading  to  wide  variations  in  estimates  of  its  extent. 

The  Constitution  and  the  1975  Employment  Act  accord  women  full  equality.  The 
Bureau  of  Women's  Affairs  in  the  Ministry  of  Labor  oversees  programs  to  ensure 
the  legal  rights  of  women.  These  programs  have  had  limited  effect  but  have  raised 
the  awareness  of  problems  affecting  women.  In  June  1996,  the  Government  estab- 
lished a  steering  committee,  charged  with  creating  a  Commission  on  Gender  and  So- 
cial Equity.  The  committee  forwarded  its  recommendations  to  Parliament  regarding 
how  the  commission  should  be  established;  the  report  was  awaiting  parliamentary 
action  at  year's  end. 

A  number  of  active  women's  rights  groups  exist.  They  are  concerned  with  a  wide 
range  of  issues,  including  employment,  violence  against  women,  political  representa- 
tion, and  the  image  of  women  presented  in  the  media.  Their  effectiveness  is  mixed, 
but  the  groups  were  successful  in  advocating  enactment  of  the  Domestic  Violence 
Act. 

Children. — ^The  Grovemment  is  committed  to  improving  children's  welfare.  The 
Ministry  of  Education,  Youth,  and  Culture  is  responsible  for  implementation  of  the 
Government's  programs  for  children. 

The  Juvenile  Act  of  1951  deals  with  several  areas  related  to  the  protection  of  chil- 
dren, including  prevention  of  cruelty,  prohibition  on  causing  or  allowing  juvenile 
begging,  the  power  to  bring  juveniles  in  need  of  care  or  protection  before  a  juvenile 
court,  the  treatment  of  juvenile  offenders,  the  regulation  and  supervision  of  chil- 
dren's homes,  and  restrictions  on  employment  of  juveniles.  In  1996  the  visiting  Ex- 
ecutive Director  of  the  United  Nations  (Children's  Fund  (UNICEF)  said  the  (}ovem- 


569 

ment  had  done  very  well  in  its  efforts  to  improve  the  welfare  and  survival  of  chil- 
dren. 

People  With  Disabilities. — No  laws  mandate  accessibility  for  people  with  disabil- 
ities. Several  government  agencies  and  nongovernmental  organizations  provide  serv- 
ices and  employment  to  various  groups  of  disabled  citizens. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  provides  for  the  right  to  form  or  join  a  trade 
union,  and  unions  function  freely  and  independently  of  the  Government.  The  Labor 
Relations  and  Industrial  Disputes  Act  (LKIDA)  defines  worker  rights.  There  is  a 
spectrum  of  national  unions,  some  of  which  are  affiliated  with  political  parties.  Ap- 
proximately 15  percent  of  the  work  force  is  organized. 

The  LRIDA  neither  authorizes  nor  prohibits  the  right  to  strike,  but  strikes  do 
occur.  Striking  workers  can  interrupt  work  without  criminal  liability  but  cannot  be 
assured  of  keeping  their  jobs.  Workers  in  10  broad  categories  of  "essential  services" 
are  prohibited  from  striking,  a  provision  the  International  Labor  Organization  (ILO) 
has  rejjeatedly  condemned  as  overly  inclusive.  The  Government  did  not  declare  any 
strikes  illegal  in  1997. 

Unions  maintain  a  wide  variety  of  regional  and  international  affiliations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Government  rarely  inter- 
feres with  union  organizing  efforts.  Judicial  and  police  authorities  efTectively  enforce 
the  LRIDA  and  other  labor  regulations.  All  parties  are  firmly  committed  to  collec- 
tive bargaining  in  contract  negotiations,  even  in  some  nonunion  settings.  An  inde- 

fiendent  Industrial  Disputes  Tribunal  (IDT)  hears  cases  where  management  and 
abor  fail  to  reach  agreement.  Any  cases  not  resolved  by  the  IDT  pass  to  the  civil 
courts.  The  number  of  industrial  disputes  referred  to  the  IDT  declined.  The  IDT 
made  decisions  in  a  few  cases,  while  others  were  settled  by  agreement  or  with- 
drawn. However,  the  majority  of  cases  referred  to  the  IDT  remained  unresolved.  The 
LRIDA  prohibits  antiunion  discrimination,  and  employees  may  not  be  fired  solely 
for  union  membership.  The  authorities  enforced  this  law  efTectively. 

Domestic  labor  laws  apply  equally  to  the  "free  zones"  (export  processing  zones). 
However,  there  are  no  unionized  companies  in  any  of  the  3  zones — established  in 
1972,  1985,  and  1988 — that  employ  approximately  18,000  workers.  Organizers  at- 
tribute this  circumstance  to  resistance  by  foreign  owners  in  the  zones  to  organizing 
efforts,  but  attempts  to  organize  plants  within  the  zones  continue.  Company-con- 
trolled "workers'  councils"  handle  grievance  resolution  at  most  free  zone  companies, 
but  do  not  negotiate  wages  and  conditions  with  management.  Management  deter- 
mines wages  and  benefits  within  the  free  zones;  these  are  generally  as  good  as  or 
better  than  those  in  similar  industries  outside  the  zones.  The  Ministry  of  Labor  has 
not  performed  factory  inspections  in  the  free  zones  since  1992. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  does  not  specifi- 
cally address  the  matter  of  forced  or  compulsory  labor,  but  there  were  no  reports 
that  this  practice  exists. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Juve- 
nile Act  provides  that  children  under  the  age  of  12  shall  not  be  employed  except 
by  parents  or  guardians,  and  that  such  employment  may  only  be  in  domestic,  agri- 
cultural, or  horticultural  work.  Enforcement,  however,  is  erratic.  While  the  Con- 
stitution does  not  prohibit  forced  or  bonded  labor  by  children  (see  Section  6.c.),  such 
practices  were  not  known  to  occur.  Children  under  the  age  of  12  peddle  goods  and 
services  on  city  streets,  but  there  is  no  evidence  of  widespread  illegal  employment 
of  children  in  other  sectors  of  the  economy.  The  Educational  Act  stipulates  that  all 
children  between  6  and  11  years  of  age  must  attend  elementary  school.  Industrial 
safety,  police,  and  truant  officers  are  cnarged  with  enforcement.  Under  current  eco- 
nomic circumstances,  however,  thousands  of  children  are  kept  home  to  help  with 
housewoii  and  avoid  school  fees.  A  1994  UNICEF  report  stated  that  4.6  percent  of 
children  below  the  age  of  16  worked  to  help  support  their  households. 

e.  Acceptable  Conditions  of  Work. — The  minimum  wage,  raised  from  $15.00 
(J$500)  to  $22.50  (J$800)  per  week  in  1996,  is  widely  considered  inadequate.  Most 
salaried  workers  are  paid  more  than  the  legal  minimum.  Work  over  40  hours  per 
week  or  8  hours  per  day  must  be  compensated  at  overtime  rates,  a  provision  that 
is  widely  observed. 

The  Labor  Ministry's  Industrial  Safety  Division  sets  and  enforces  industrial 
health  and  safety  standards,  which  are  considered  adequate.  Industrial  accident 
rates,  particularly  in  the  bauxite  and  alumina  industry,  remained  low.  Public  serv- 
ice staff  reductions  in  the  Ministries  of  Labor,  Finance,  National  Security,  and  the 
Public  Service  have  contributed  to  the  difficulties  in  enforcing  workplace  regula- 
tions. The  law  provides  workers  with  the  right  to  remove  themselves  from  dan- 
gerous work  situations  without  jeopardy  to  their  continued  employment  if  they  are 


570 

trade  union  members  or  covered  by  the  Factories  Act.  The  law  does  not  specifically 
protect  other  categories  of  workers  in  those  circumstances. 


RIEXICO 

Mexico  is  a  federal  republic  with  an  elected  President,  a  bicameral  legislature, 
and  a  constitutionally  mandated  independent  judiciary.  On  July  6,  elections  were 
held  for  the  entire  lower  house  of  Congress,  one-quarter  of  the  Senate,  6  state  gov- 
ernors, and  over  1,000  state  and  local  office  holders  in  7  states.  For  the  first  time, 
the  Institutional  Revolutionary  Party  (PRI)  lost  its  absolute  majority  in  the  lower 
house  of  Congress,  and  the  opposition  Democratic  Revolutionary  Party  (PRD)  and 
National  Action  Party  (PAN)  made  strong  gains.  This  was  a  marked  departure  from 

S)ast  elections,  as  the  PRI  has  won  every  presidential  election  since  the  party's 
bunding  in  1929,  many  of  which  involved  credible  allegations  of  fraudulent  prac- 
tices. For  the  first  time  since  the  1920's,  the  people  of  Mexico  City  elected  a  mayor, 
PRD  candidate  Cuauhtemoc  Cardenas.  Although  there  were  post-electoral  disputes 
in  a  few  states,  including  Colima  and  Campeche,  and  small-scale  violence  in 
Chiapas,  a  wide  range  of  Mexican  and  international  observers  characterized  the 
elections  as  largely  free  and  fair  and  as  a  significant  advance  in  the  democratization 
process.  The  judiciary  is  nominally  independent;  however,  on  occasion  it  has  been 
influenced  by  the  executive  branch.  Corruption  and  inefficiency  are  problems  and 
are  more  widespread  in  some  states  than  others. 

Several  southern  states,  most  notably  Guerrero,  Oaxaca,  and  Chiapas,  continued 
to  suffer  politically  motivated  violence.  Peace  talks  between  the  Government  and  the 
Zapatista  National  Liberation  Army  (EZLN)  stalled  in  September  1996  following 
disagreement  regarding  the  implementation  of  agreements  signed  in  February  1996 
on  indigenous  rights.  However,  intense  informal  contacts  continued  through  Janu- 
ary 1997.  The  army  and  the  EZLN  have  not  clashed  since  the  Government  unilater- 
ally declared  a  cease-fire  on  January  12,  1994.  As  part  of  continuing  unrest  in 
Chiapas,  on  December  22  an  armed  group  allegedly  organized  by  the  PRI  mayor 
massacred  45  indigenous  persons  in  the  village  of  Acteal,  which  increased  already 
high  tensions  in  the  state.  President  Zedillo  immediately  ordered  his  Attorney  Gen- 
eral to  conduct  a  thorough  investigation.  This  investigation  resulted  in  the  arrest 
of  persons  allegedly  connected  to  the  massacre  and  continued  at  year's  end.  A  new 
group  of  uncertain  origin  and  size,  the  Popular  Revolutionary  Army  (EPR),  made 
its  appearance  in  June  1996.  The  Grovemment  considers  the  EPR  a  terrorist  organi- 
zation and  has  vowed  to  bring  the  group  to  Justice. 

Police  forces  maintain  internal  security.  The  army  is  responsible  for  external  secu- 
rity but  also  has  domestic  security  responsibilities.  The  military  withdrew  from  Fed- 
eral District  police  responsibilities  effective  December  22.  The  security  forces,  in- 
cluding the  federal  and  state  judicial  police,  federal  highway  police,  and  local  police, 
are  under  the  control  of  elected  civilian  officials.  However,  corruption  is  rife  within 
police  ranks.  Members  of  the  security  forces  continued  to  commit  numerous  human 
rights  abuses. 

Mexico  has  a  market-based,  mixed  economy,  which  the  Government  has  been  pro- 
gressively deregulating  and  opening.  An  ambitious  program  of  privatization  has  re- 
duced state-owned  companies  from  more  than  1,150  to  less  than  200.  During  the 
third  quarter,  about  29  percent  of  gross  domestic  product  (GDP)  came  from  the  in- 
dustrial sector,  5  percent  from  agriculture,  and  66  percent  from  the  service  sector. 
There  is  significant  subsistence  agriculture,  and  25  percent  of  the  populace  lives  in 
rural  areas.  Leading  exports  include  automobiles,  manufactured  and  assembled 
products  (including  electronics  and  consumer  goods),  and  petroleum.  Per  capita  GDP 
was  about  $4,100,  but  consumption  and  wages  remained  below  1994  levels,  produc- 
ing high  levels  of  crime  and  social  tension.  There  are  severe  and  growing  inequal- 
ities in  income  distribution,  with  large  numbers  of  people  living  in  extreme  poverty 
in  rural  areas,  shanty  towns,  and  urban  slums.  In  February  the  Government  initi- 
ated an  antipoverty  program  (renamed  Progresa  in  August)  intended  to  help 
500,000  of  the  poorest  families  by  year's  end. 

The  Government  generally  respected  the  human  rights  of  its  citizens,  although  se- 
rious problems  remained  in  some  areas,  and  some  states  present  special  concerns. 
Major  abuses  included  extrajudicial  killings,  disappearances,  torture,  illegal  arrests, 
arbitrary  detentions,  poor  prison  conditions,  lengthy  pretrial  detention,  lack  of  due 
process,  corruption  and  inefTiciency  in  the  judiciary,  illegal  searches,  violence 
against  women,  discrimination  against  women  and  indigenous  persons,  some  limits 
on  worker  rights,  and  extensive  cnild  labor  in  agriculture  and  in  the  informal  econ- 


571 

omy.  Vigilante  killings,  attacks  against  journalists,  and  attacks   and  threats  to 
human  rights  monitors  were  also  problems. 

The  Government  continued,  with  limited  success,  its  attempt  to  end  the  "culture 
of  impunity*  surrounding  the  security  forces  through  reforms  in  the  federal  Attorney 
General's  Office  (PGR).  The  PGR  continued  to  restructure  to  combat  internal  corrup- 
tion. Major  steps  included  the  reorganization  of  its  subordinate  bodies,  the  dismissal 
of  hundreds  of  employees,  training  programs  targeting  both  new  and  long  time 
agents,  and  the  creation  of  new  units,  all  of  whose  members  must  undergo  an  in- 
depth  vetting  process  including  polygraphs,  financial  and  background  investigations, 
and  drug  testmg.  The  Government  also  continued  its  support  for  the  government- 
funded  National  Human  Rights  Commission  (CNDH)  and  for  implementation  of  a 
wide-ranging  package  of  other  police  and  judicial  reforms. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Members  of  the  security  forces  com- 
mitted extrajudicial  killings.  According  to  Amnesty  International  (AI),  three  persons 
died  in  June  due  to  torture  by  police  (see  Section  I.e.). 

On  October  2,  the  Mexico  City  Attorney  General's  ofTice  charged  a  police  officer 
with  four  murders  related  to  a  September  8  shooting  during  a  police  sweep  of  the 
neighborhoods  of  Buenos  Aires  ana  Doctores.  Subsequent  investigations  resulted  in 
the  arrest  of  additional  officers.  In  November  rebellious  security  force  members  bar- 
ricaded themselves  in  their  barracks  to  block  the  arrest  of  individuals  in  connection 
with  the  abduction,  torture,  and  killing  of  six  vouths  in  those  sweeps.  They  surren- 
dered to  fellow  soldiers  after  a  14-hour  standoff.  At  year's  end,  32  police  officers 
were  in  jail,  including  three  high-ranking  military  officers  of  the  unit  on  suspicion 
that  they  had  tried  to  cover  up  the  killings.  The  CNDH  and  the  Attorney  General's 
office  were  also  conducting  investigations. 

In  November  police  officers  in  Acapulco,  angered  by  a  traffic  dispute  with  a  taxi 
driver,  tied  him  up  in  his  taxi,  poured  gasoline  over  him,  and  burned  him  to  death. 

On  December  25,  a  spokesman  for  the  fifth  military  zone  located  in  Guadalajara 
announced  that  28  officers  and  enlisted  men  had  been  implicated  in  kidnaping,  tor- 
ture, and  killing  that  occurred  in  the  municipality  of  Zapopan  on  December  14-15. 
In  that  incident,  20  youths  were  allegedly  held  against  their  will  and  tortured.  Mili- 
tary personnel  from  an  air  base  in  Ocotan,  near  Zapopan,  apparently  kidnaped  23- 
year-old  Salvador  Jimenez  Aguilar,  tortured  him,  and  then  killed  him.  After  interro- 
gating soldiers  serving  at  the  air  base,  military  officials  found  his  body  on  December 
20.  Tne  military  justice  system  assumed  jurisdiction  of  the  investigation  and  pros- 
ecution from  the  federal  authorities  (see  Section  I.e.). 

Police  and  vigilantes  acting  on  behalf  of  local  landowners  continued  to  commit 
extrajudicial  killings  while  dislodging  peasant  squatters  from  rural  lands  in  several 
states.  To  expand  communal  land  holaings,  for  decades  peasants  have  invaded  pri- 
vate lands  and  petitioned  for  government  recognition  of  the  seizures. 

Some  large  landowners  and  local  political  bosses  in  Chiapas  state  maintain  pri- 
vate militias  to  defend  their  property  from  peasant  land  invasions  and  to  intimidate 
local  opposition.  This  problem  is  especially  acute  in  some  northern  regions  of  the 
state,  where  the  group  Development,  Peace,  and  Justice  ("Desarrollo,  Paz  y 
Justicia"),  headed  by  autonomous  local  political  bosses  loosely  affiliated  with  the 
PRI,  is  based.  A  number  of  local  armed  groups,  including  Peace  and  Justice  and  the 
"Chinchulines,"  reportedly  banded  together  to  form  an  anti-Zapatista  indigenous 
front.  State  authorities  do  not  erfectiveiy  impede  the  establishment  of  these  militias, 
which  reportedly  often  employ  police  and  military  personnel.  In  December  there 
were  press  reports  that  the  Chiapas  state  government  provided  financial  assistance 
to  the  Peace  and  Justice  group  in  August,  under  the  auspices  of  agrarian  reform. 

On  March  14,  in  the  community  of  San  Pedro  Nixtalucum,  El  Bosque  municipal- 
ity, Chiapas,  police  killed  4  peasants  and  detained  24  others  during  a  confrontation 
between  the  peasants  and  members  of  the  PRI.  The  elected  mayor  of  El  Bosque  is 
a  member  of  the  PRI.  Prior  to  the  events  of  March  14,  PRD  supporters  had  con- 
tested the  electoral  results,  set  up  a  "popular  government,"  and  held  12  PRI  party 
members,  including  the  municipal  agent,  hostage  in  the  town  hall.  The  PRD  action 
was  reportedly  in  response  to  the  arrest  of  PRD  members  by  the  PRI  municipal  gov- 
ernment. A  group  of  about  26  state  police  officers  arrived  in  San  Pedro  to  release 
the  hostages.  Armed  villagers  surrounded  the  police.  An  attempt  to  negotiate  broke 
down  when  shots  were  fired,  four  peasants  were  killed,  and  six  police  were  wound- 
ed. The  police  withdrew  and  returned  later  with  army  support  and  arrested  24  peas- 
ants. During  the  clash,  the  police  called  in  a  state  police  nelicopter  for  support.  TTiis 
helicopter,  used  for  reconnaissance  and  for  evacuating  wounded,  was  not  armed.  Ac- 


572 

cording  to  various  reports,  one  or  two  police  officers  inside  the  helicopter  fired  at 
the  crowd,  both  to  back  up  the  police  on  the  ground  and  possibly  to  clear  a  landing 
zone.  According  to  the  Fray  Bartolome  de  Las  Casas  Human  Rights  Center,  the  au- 
thorities charged  the  24  arrested  peasants  with  kidnaping,  criminal  association,  and 
assault;  they  also  charged  13  of  the  24  with  homicide.  In  addition,  members  of  Peace 
and  Justice  expelled  the  people  of  San  Pedro  from  the  town.  Following  negotiations 
that  were  assisted  by  tne  state  government,  a  "nonaggression"  agreement  was 
signed  on  May  8  permitting  the  peasants  to  return  home.  In  late  May,  the  authori- 
ties released  all  2^4  detained  peasants,  3  of  whom  claimed  to  have  been  tortured  by 
police.  On  May  31,  the  four  widows  received  compensation  from  the  state  govern- 
ment. The  CNDH  has  conducted  an  investigation,  and  a  report  was  pending  at 
year's  end. 

TTie  town  of  Chenalho,  Chiapas  state,  suffered  an  increasingly  tense  political  situ- 
ation during  the  year.  Since  May,  increased  tension  between  PRI  supporters  and 
EZL^  sympathizers  led  to  the  displacement  of  6,000  indigenous  people,  the  iiyury 
of  at  least  35  persons,  and  the  deaths  of  16  people.  PRD  and  EZLN  sympathizers 
tried  to  set  up  a  "popular  government"  in  the  town,  the  mayor  was  allegea  to  have 
made  threats  against  the  parish  priest,  and  a  PRI  member  was  ambushed  and  kid- 
naped on  December  17.  On  December  22,  an  armed  group  allegedly  organized  by 
the  PRI  mayor  massacred  45  indigenous  persons  in  the  nearby  village  ofActeal.  At 
President  Zedillo's  direction,  federal  authorities  opened  an  investigation  headed  by 
Attorney  General  Madrazo  and  arrested  46  persons  in  connection  with  the  mas- 
sacre, including  the  mayor  of  Chenalho  and  the  state  police  chief.  The  CNDH  also 
opened  an  investigation,  and  the  CNDH  president  criticized  the  state  government's 
"negligence"  in  not  responding  more  quickly  to  reports  that  the  massacre  was  under- 
way. In  response  to  a  CNDH  recommendation,  the  federal  Attorney  General's  ofiice 
broadened  its  investigation  to  include  senior  officials  in  the  Chiapas  state  govern- 
ment. This  investigation  continued  at  year's  end.  The  state  governor  and  his  cabinet 
resigned.  The  Interior  Secretary  and  the  Government's  chief  negotiator  for  Chiapas 
both  resigned  following  the  Acteal  massacre. 

According  to  statistics  compiled  by  the  District  Attorney's  office  for  Chiapas  state 
in  1996,  approximately  500  peasants  had  been  killed  in  the  previous  3  years  as  a 
result  of  violence  in  the  northern  municipalities  of  Tila,  Sabanilla,  Salto  de  Agua, 
and  Tumbala.  The  Fray  Bartolome  de  las  Casas  Center  for  Human  Rights  reported 
that  at  least  2,000  indigenous  families  had  abandoned  their  lands  for  fear  of  violent 
attacks  by  the  Peace  and  Justice  group. 

Police  continued  to  evict,  detain  arbitrarily,  and  destroy  the  homes  of  peasant 
leaders  in  the  state  of  Veracruz.  Land  disputes  in  the  state,  especially  those  involv- 
ing ranchers  and  indigenous  persons,  are  the  principal  cause  of  such  violence.  Police 
of^n  fail  to  investigate  killings  of  peasants  by  ranchers. 

On  April  10,  1996,  citizens  of  Tepoztlan,  Morelos,  were  marching  on  the  "Emiliano 
Zapata  route"  to  Tlaltizapan  in  order  to  present  a  petition  to  President  Zedillo  pro- 
testing the  planned  development  of  a  golf  course  on  communal  lands.  The  police 
stopped  the  protesters  and  fired  shots;  the  protesters  responded  by  fleeing  and  de- 
fending themselves  with  rocks.  In  the  melee,  police  shot  and  killed  one  protester, 
Marcos  Olmedo.  The  governor  of  Morelos  denounced  the  shooting,  saying  that  police 
were  under  standing  instructions  not  to  use  firearms  against  demonstrators.  Accord- 
ing to  the  Miguel  Augustin  pro  Juarez  Center  for  Human  Rights,  the  police  group 
responsible  for  the  shooting  nas  been  disbanded.  The  authorities  suspended  60  po- 
lice for  abuse  of  authority  and  arrested  11  police  and  2  high  ranking  officers  for  pre- 
sumed responsibility  for  the  killing  of  Olmedo. 

On  July  13,  the  courts  found  28  police  oflicers  and  11  state  government  officials, 
including  the  former  director  of  operations  of  the  state  police,  guilty  of  homicide  and 
abuse  ofauthority  in  the  June  28,  1995,  slaying  of  17  peasants  in  Aguas  Blancas, 
Guerrero.  The  former  state  interior  department  director  Esteban  Mendoza  Ramos 
received  26V2  years  in  jail.  The  courts  tried,  found  guilty,  and  sentenced  other  offi- 
cials from  the  state  interior  department  and  the  state  attorney  general's  office  to 
3  years  and  3  months  in  jail  for  attempting  to  alter  video  evidence  in  order  to  show 
falsely  that  the  police  had  reacted  in  self-defense  against  armed  peasants.  The 
courts  also  sentenced  Rosendo  Armijo  de  los  Santos,  the  former  undersecretary  for 
the  state  security  and  highway  ofiice,  to  5  years  for  not  properly  carrying  out  his 

Smblic  duties,  and  Orlan<£  Soberanis  Moreno,  former  state  prosecutor,  to  8  months 
or  falsifying  documents.  Four  other  oflicials  were  not  sentenced  due  to  constitu- 
tional writs  of  protection  ("amparos"). 

There  were  no  new  developments  in  the  cases  of  Raul  Salinas  de  Gortari,  brother 
of  the  former  president,  and  Mario  Ruiz  Massieu,  former  deputy  attorney  general, 
who  face  charges  stemming  from  the  assassination  of  then-PRI  secretary  general 
Jose  Francisco  Ruiz  Massieu  in  September  1994. 


573 

There  were  no  new  developments  in  cases  pending  from  1992-95,  involving  Gas- 
ton Ayala  Beltran,  a  former  state  judicial  police  ofiicer;  Othon  Cortez  Vazquez,  the 
alleged  second  gunman  in  the  March  1994  assassination  of  PRI  presidential  can- 
didate Luis  Donaldo  Colosio;  and  police  officer  Jose  Antonio  Verduzco  Flores,  freed 
in  the  beating  death  of  U.S.  citizen  Mario  Amado. 

According  to  the  January-June  PRD  human  rights  report,  79  PRD  activists  were 
killed  during  1996,  bringing  the  total  number  of  PRD  members  killed  since  1994  to 
253.  The  PRD  reported  180  cases  of  human  rights  violations  against  its  partisans. 
Arbitrary  detentions  were  the  most  reported  crime  with  90  complaints,  followed  by 
homicide,  32  cases;  torture,  31  cases;  and  missing  persons,  22  cases.  The  PRD  is 
working  with  the  Secretariat  of  the  Interior  and  with  the  CNDH  on  this  issue. 

b.  Disappearance. — There  were  credible  reports  by  the  media  and  NGO's  of  dis- 
appearances during  sweeps  by  security  and  military  forces  in  Oaxaca  and  Guerrero 
in  attempts  to  round  up  EPR  members.  The  EPR  claimed  that  seven  of  its  members 
have  disappeared:  Gilherto  Romero  Vasquez,  Gregorio  Alfonso  Alvarado  Lop>ez, 
Miguel  Castro  Monillo,  Fredy  Nava  Rios,  Benito  Bahena  Maldonado,  and  EPR  mem- 
bers known  as  "Gustavo"  and  "Elsa."  The  Miguel  Agustin  pro  Juarez  Center  for 
Human  Rights  also  cited  seven  disappearances  related  to  anti-EPR  sweeps.  While 
denying  that  any  individuals  had  been  illegally  detained,  the  Government  has  of- 
fered to  investigate  reports  of  disappearances. 

Since  1990,  the  CNDH  has  had  a  program  to  investigate  disappearances.  For  the 
May  1996  to  May  1997  period,  the  CNDH  reported  that  it  was  able  to  resolve  26 
cases  of  reported  disappearances.  Of  those  cases,  it  found  that  22  of  the  people  were 
alive  or  there  was  evidence  that  they  were  alive,  and  the  remaining  4  were  found 
dead  or  presumed  to  be  dead.  This  brought  the  total  cases  of  presumed  disappear- 
ances investigated  by  the  CNDH  to  175,  of  which  115  persons  were  found  to  be  liv- 
ing and  40  were  found  dead  or  there  was  evidence  that  they  died. 

The  police  reportedly  kidnaped  a  journalist  in  September  (see  Section  2. a.).  Mili- 
taiy  personnel  Kidnaped,  tortured,  and  killed  a  civilian  near  Ocotan,  Guadalajara, 
in  December  (see  Section  l.a.). 

According  to  the  Miguel  Agustin  pro  Juarez  Center  for  Human  Rights,  20  people 
have  disappeared  in  the  northern  states  of  Sinaloa,  Baja  California,  and  Chihuahua 
due  to  actions  by  narcotics  traffickers.  Press  reports  indicated  that  as  many  as  100 
people  disappeared  during  the  year  in  the  state  of  Chihuahua.  These  disappearances 
were  also  attributed  to  narcotics  traffickers  and  to  corrupt  police  officers  in  their 
pay.  The  PGR  appointed  a  special  investigator  to  look  into  these  disappearances. 

Amnesty  International  reported  that  two  people  who  disappeared  m  1995  still  re- 
main missing.  On  May  24,  1995,  the  leader  of  the  Peasant  Organization  of  the 
Southern  Sierra  (OCSS),  Gilberto  Romero  Vasquez,  disappeared  after  his  organiza- 
tion had  presented  a  series  of  demands  to  state  authorities.  AI  also  reported  that 
in  October  1995,  Cuauhtemoc  Omelas  Campos,  a  journalist  and  human  rights  activ- 
ist, disappeared  after  receiving  anonymous  threats  for  publicly  criticizing  human 
rights  abuses  by  local  officials. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture;  however,  it  continues  to  be  a  serious  human 
rights  problem.  Although  the  Constitution  excludes  as  evidence  confessions  obtained 
in  the  absence  of  the  accused's  defense  attorney,  courts  have  nevertheless  continued 
to  admit  as  evidence  confessions  extracted  under  torture.  Members  of  the  security 
forces  continued  to  torture  and  abuse  detainees.  The  most  commonly  used  methods 
of  torture  were  threats,  beatings,  asphyxiation,  and  electric  shocks.  Members  of  the 
security  forces  also  reportedly  used  torture  against  members  of  the  EPR  and  ELZN 
(see  Section  l.g.). 

There  are  persistent  reports  by  NGO's  of  widespread  use  of  torture  by  police  and 
security  forces.  The  CNDH  reported  in  May  that  torture  dropped  from  the  17th  to 
24th  most  common  type  of  complaint,  and  the  actual  number  of  complaints  of  tor- 
ture decreased  by  22  percent,  with  a  total  of  46  complaints  during  the  year.  Of  the 
46  complaints,  the  CNDH  referred  21  to  state  human  rights  authorities.  Of  the  25 
cases  handled  by  the  CNDH,  1  occurred  in  1997,  9  in  1996,  11  in  1995,  and  the 
rest  in  prior  years.  The  CNDH  has  made  seven  recommendations,  which  were  being 
implemented. 

The  CNDH,  however,  does  not  maintain  statistics  on  torture  complaints  made  to 
state  human  rights  commissions.  Of  the  31  states  and  the  Federal  District,  only  Hi- 
dalgo lacks  a  law  prohibiting  torture.  Poorly  trained  and  equipped  to  investigate 
crimes,  police  officers  continued  to  attempt  to  solve  crimes  oy  rounding  up  likely 
suspects  and  then  exacting  confessions  from  them.  Many  state  human  rights  com- 
missions received  reports  of  torture  allegedly  committed  by  police. 

The  authorities  punish  few  officials  for  torture,  which  continues  to  occur  mainly 
because  confessions  are  the  primary  evidence  in  many  criminal  convictions.  Many 


574 

victims  do  not  report,  or  do  not  follow  through  on,  their  complaints  against  the  po- 
lice for  fear  of  reprisals. 

According  to  Ai,  at  least  three  people  died  as  a  result  of  torture.  In  June  25  mem- 
bers of  the  Amuzgo  Indian  community  of  Coachapa,  Guerrero  state,  suspected  of 
theft,  were  subjected  to  beatings,  prolonged  hanging  by  the  wrists,  and  semi-asphyx- 
iation by  state  police  to  extract  a  confession.  Among  them  was  16-year-old  Alfredo 
Ramirez  Santiago,  who  was  hanged  by  the  neck  from  a  tree  and  beaten  on  the  head 
and  body.  AI  also  reported  that  peasant  activists  in  Guerrero  and  Oaxaca  states 
were  tortured  to  confess  to  having  links  with  the  EPR.  Members  of  the  army  and 
state  police  allegedly  subjected  eight  people  arrested  in  July  in  Guerrero  and 
Oaxaca  state  to  beatings,  prolonged  nangin^  by  the  wrists,  electric  shocks  and  semi- 
asphvxiation  for  up  to  7  days.  The  authorities  charged  them  with  having  links  with 
the  EPR  on  the  basis  of  statements  extracted  under  torture  and  held  them  in  prison 
awaiting  trial  at  year's  end.  Alleged  EPR  members  who  were  released  on  December 
5  claimed  that  they  had  been  psychologically  abused  while  being  held. 

In  September  police  apparently  abducted,  tortured,  and  killed  six  youths  in  Mex- 
ico City;  in  December  military  personnel  were  arrested  for  torturing  and  killing  a 
citizen  near  Guadalajara  (see  Section  l.a.). 

At  the  invitation  of  the  Government,  Nigel  Rodley,  the  U.N.  Special  Rapporteur 
on  Torture,  visited  Mexico  August  5-8  to  investigate  allegations  of  torture,  including 
complaints  of  mistreatment  oi  alleged  members  of  the  EPR  and  EZLN.  Rodley  met 
with  many  government  officials.  He  also  met  with  members  of  prominent  Mexican 
human  rights  NGO's,  including  the  Human  Rights  Network  (which  has  46  member 
NGO's),  the  Mexican  Committee  for  the  Promotion  and  Defense  of  Human  Rights, 
the  Francisco  de  Vitoria  Human  Rights  Center,  and  the  Miguel  Augustin  pro  Juarez 
Center  for  Human  Rights. 

In  testimony  before  Congress  on  September  10,  Attorney  General  Jorge  Madrazo, 
former  head  of  the  CNDH,  stated  that  torture  and  intimidation  are  a  haoit  with  the 
police.  Madrazo  also  highlighted  steps  being  taken  to  address  the  problem  of  corrup- 
tion. He  said  that,  because  of  widespread  corruption  and  penetration  by  narcotics 
traffickers,  he  disbanded  the  former  Institute  (or  National  Drug  Combat  and  re- 
placed it  with  a  special  prosecutor's  office  for  crimes  against  health.  As  part  of  this 
clean  up,  the  authorities  dismissed  270  police  officers  and  held  192  of  them  for  trial. 
In  the  first  9  months  of  the  year,  the  Attorney  General's  office  organized  19  training 
course,  including  1  for  prosecutors.  Madrazo  also  called  for  new  laws  to  strengthen 
the  legal  mechanisms  for  fighting  crime,  improve  training  programs,  and  reform  the 
penal  system. 

In  February  then-Mexico  City  police  chief  General  Enrique  Salgado  announced  a 
plan  to  professionalize  the  police  force  through  a  training  and  reassignment  pro- 
-am. Following  the  September  incident  in  the  Buenos  Aires  neighborhood  (see  Sec- 
tion l.a.)  and  the  related  arrest  of  32  police  and  military  officers,  this  program  came 
under  increasing  public  criticism.  With  the  December  5  inauguration  of  Mexico  City 
mayor  Cuauhtemoc  Cardenas,  and  his  statement  that  active  duty  military  personnel 
would  no  longer  serve  in  Federal  District  police  roles,  the  military  announced  plans 
to  end  this  deployment,  efTectively  bringing  an  end  to  the  training  program.  The 
mayor  named  retired  army  Colonel  Roberto  Debemardi  Debernardi  as  police  chief. 
Early  in  the  Cardenas  administration,  two  lower  ranking  police  officials  accused  of 
past  human  rights  violations  resigned. 

Robberies  committed  by  policemen  are  common.  In  a  number  of  cases  in  northern 
border  states,  judges,  police,  and  persons  posing  as  attorneys  extorted  large  sums 
of  money  ($3,000  to  $10,000)  from  tourists  to  "fix"  real  or  fabricated  infractions. 
State  human  rights  commission  authorities  in  Coahuila  widely  published  a  toll-free 
telephone  number  for  reporting  police  abuses,  but,  according  to  tne  Coahuila  human 
rights  commission,  there  were  few  if  any  such  calls. 

Most  citizens  view  the  police  as  corrupt  and  unhelpful:  64  percent  of  crime  victims 
in  Mexico  City  did  not  report  incidents  to  law  enforcement  authorities.  According 
to  a  reliable  1995  poll,  75  percent  of  those  surveyed  felt  that  the  justice  system  was 
riddled  with  corruption.  Police  academies  in  some  states,  such  as  Coahuila,  Du- 
rango,  and  Sonora,  sought  to  improve  police  conduct  by  offering  special  courses 
aimed  at  greater  professionalization.  However,  such  progress  among  the  various  po- 
lice forces  is  highly  uneven. 

Attorney  General  Madrazo  continued  to  promote  a  wide-ranging  package  of  re- 
forms to  reduce  corruption  and  promote  professionalism  among  federal  police  and 
prosecutors.  The  reform  package  includes  new  training  and  recruitment  procedures 
for  the  PGR,  closer  supervision  of  PGR  officers,  and  a  reorganization  of  the  PGR's 
structure.  It  also  calls  for  creation  of  new  units,  all  of  whose  members  must  undergo 
a  comprehensive  vetting  process,  including  polygraph  and  drug  testing,  as  well  as 
financial  and  background  checks.  The  difficult  nature  of  this  process  is  illustrated 


575 

by  the  fact  that  several  hundred  of  the  1,200  PGR  officials  dismissed  by  former  At- 
torney General  Antonio  Lozano  have,  on  the  basis  of  judicial  appeals,  won  reinstate- 
ment in  the  PGR. 

In  some  cases  police  officers  dismissed  in  one  state  find  law  enforcement  employ- 
ment in  another.  The  CNDH  discovered  that  even  when  the  authorities  censured 
some  officers  in  one  law  enforcement  job,  thev  moved  on  to  other  positions  and  were 
subsequently  charged  again  with  human  rignts  abuses.  In  an  effort  to  remedy  this 
situation,  the  CNDH  publishes  lists  of  censured  public  servants  in  its  annual  report 
and  monthly  newsletters.  In  addition,  the  Government  has  established  a  national 
security  register  to  keep  track  of  censured  police  officers  and  address  this  problem. 

Prison  conditions  are  poor.  Many  prisons  are  staffed  by  undertrained  and  corrupt 
guards,  and  some  lack  adequate  facilities  for  prisoners  and  are  overcrowded,  despite 
an  early  release  program  endorsed  by  the  UNDH  and  legal  reforms  reducing  the 
number  of  crimes  that  carry  mandatory  prison  sentences.  Prisoners  complain  that 
they  must  purchase  food,  medicine,  and  other  necessities  from  guards  or  bribe 
guards  to  allow  the  goods  to  be  brought  in  from  outside.  Drug  and  alcohol  use  is 
rampant  in  prisons.  Frequently,  prisoners  exercise  authority  within  a  prison,  dis- 

{)lacing  prison  officials.  Influence  peddling,  drug  and  arms  trafficking,  coercion,  vio- 
ence,  sexual  abuse,  and  protection  payofis  are  the  chief  methods  of  control  used  by 
prisoners  against  fellow  prisoners  in  a  form  of  self-government  within  the  system. 
Conflicts  between  rival  prison  groups,  often  involved  in  drug  trafficking,  continued 
to  spark  lethal  violence.  According  to  a  study  conducted  by  the  CNDH,  from  March 
1994  to  March  1996,  over  50  prison  riots  occurred. 

While  the  authorities  prosecuted  a  few  prison  officials  for  abusing  prisoners,  it 
was  more  common  to  dismiss  them  or  to  charge  them  with  only  minor  offenses.  The 
director  of  the  Mexico  City  prison  system  resigned  in  April,  a  day  after  the  city's 
Human  Rights  Commission  denounced  prison  abuses;  one  of  the  prison  directors 
also  resigned. 

The  penal  system  comprises  4  federal  penitentiaries,  8  prisons  within  the  Federal 
District,  275  state  prisons,  and  151  municipal  jails,  for  a  total  of  438  facilities.  Ac- 
cording to  the  Secretary  of  Government's  program  for  prevention  and  social  re- 
adaptation,  1995-2000,  the  prison  population  has  increased  annually  by  25  percent, 
resulting  in  the  space  designed  to  nold  99,650  prisoners  becoming  overcrowded.  In 
July  statistics  revealed  that  the  prison  population  of  the  Federal  District  far  ex- 
ceeded its  capacity.  In  space  for  8,339  inmates,  there  were  12,598  prisoners,  up  from 
11,086  in  November  1996,  an  increase  of  25  percent.  A  CNDH  study  also  found  over- 
crowding in  prisons  in  the  states  of  Baja  California,  Sonora,  Tamaulipas  and 
Michoacan.  The  national  penal  system  held  109,956  inmates,  10  percent  above  ca- 
pacity. One  new  prison,  in  the  state  of  Mexico,  opened  in  January;  four  more  are 
under  construction. 

Although  the  Constitution  calls  for  the  separation  of  juveniles  from  older  pris- 
oners, men  from  women,  and  convicted  criminals  from  prisoners  held  in  custody,  in 
practice,  this  article  is  routinely  violated  in  each  aspect.  Overcrowding  and  corrup- 
tion within  the  prison  system  results  in  mixing  of  these  groups.  There  were  reports 
of  prison  guards  raping  female  prisoners  and  an  informal  prostitution  ring  operated 
by  Doth  prison  guards  and  prisoners  between  the  all-female  penitentiary  of  Tepepan 
and  the  all-male  facility  in  Reclusorio  Sur  in  Mexico  City.  Prison  officials  sometimes 
encourajge  women  to  form  sexual  liaisons  with  male  prisoners  and  guards.  In  some 
cases,  oiiicials  coerce  women  into  sexual  relationships. 

There  is  one  "mixed"  prison  in  Cuernavaca,  which  offers  rehabilitative  activities 
such  as  vocational  and  recreational  workshops.  This  prison  also  permits  prisoner- 
run  restaurants,  other  facilities,  and  includes  a  church  inside  the  prison.  The  prison 
authorities  allow  visits  from  outside  the  prison,  including  overnight  stays  by  chil- 
dren of  detainees. 

The  CNDH  has  a  program  to  inspect  prisons  (from  May  1996  to  May  1997,  the 
CNDH  made  170  visits  to  53  prisons  in  27  states)  and  to  investigate  prisoner  com- 
plaints. 

There  is  no  specific  law  or  regulation  regarding  the  ability  of  NGO's  to  visit  pris- 
ons. In  practice,  such  prison  visits  are  allowed  and  are  common.  For  example,  mem- 
bers of  the  Democratic  Lawyers  National  Front  represented  prisoners  alleged  to  be 
members  of  the  EZLN  and  were  allowed  to  visit  them  in  prison.  In  July  the  Govern- 
ment agreed  to  allow  the  International  Committee  of  the  Red  Cross  (ICRC)  to  con- 
duct visits  to  a  number  of  persons  held  in  places  of  detention  (including  high-secu- 
rity jails).  Between  August  and  September,  the  ICRC  visited  108  people  detained 
in  22  prisons.  These  persons  are  detained  on  the  basis  of  their  alleged  links  with 
illegal  armed  groups  such  as  the  EPR. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention;  however,  the  police  continued  to  arrest  and  detain  citizens  arbi- 


576 

trarily.  The  law  provides  that  the  District  Attorney  may  not  detain  an  accused  per- 
son more  than  48  hours  before  presenting  the  person  before  a  judge,  but  it  makes 
an  exception  for  persons  apprehended  in  the  act  of  committing  a  crime.  In  Novem- 
ber 1996,  Congress  amended  the  Penal  Procedures  Federal  Code  to  apply  this  excep- 
tion to  acts  committed  up  to  72  hours  prior  to  detention.  The  Mexican  Commission 
for  Defense  and  Promotion  of  Human  Rights  strongly  criticized  this  change. 

The  Constitution  provides  that  the  authorities  must  try  an  accused  person  within 
4  months  if  the  alleged  crime  carries  a  sentence  of  less  than  2  years,  or  within  1 
year  if  the  crime  carries  a  longer  sentence.  The  law  requires  that  prisoners  awaiting 
trial  be  housed  separately  from  those  convicted.  In  practice,  judicial  and  police  au- 
thorities frequently  ignored  these  time  limits.  According  to  the  CNDH  and  NGO's, 
the  authorities  often  held  criminal  defendants  with  convicted  prisoners  and  for 
longer  than  allowed  by  law  before  going  to  trial. 

Arbitrary  arrest  and  detention,  often  linked  to  corrupt  police,  continued  to  be 
among  the  most  common  human  rights  abuses.  The  Mexican  Commission  for  De- 
fense and  Promotion  of  Human  Rights  calculated  23  illegal  or  arbitrary  detentions 
between  January  and  September.  Using  different  criteria,  for  the  period  May  1995 
to  December  1996,  the  CNDH  reported  303  findings  of  arbitrary  aetention  and  36 
cases  in  which  it  found  that  authorities  held  prisoners  incommunicado.  The  human 
rights  commission  for  the  Federal  District  reported  272  complaints  of  arbitrary  de- 
tention for  the  period  from  October  1995  to  September  1996.  It  found  the  most  com- 
mon complaint  to  be  delay  in  the  administration  of  justice,  with  602  complaints.  The 
commission  was  critical  of  numerous  arrest  orders  in  the  Federal  District  being  ig- 
nored or  unresolved. 

On  March  3,  the  police  arbitrarily  detained  two  Jesuit  priests  in  Palenque, 
Chiapas  (see  Section  2.c.). 

In  April  1995,  the  police  arrested  Mauricio  Franco  Sanchez  for  physically  blocking 
efforts  to  build  a  golf  course  in  an  environmentally  protected  area  in  Tepoztlan, 
Morelos.  In  January  1996,  a  court  sentenced  Franco  to  a  term  of  10  years  and  7 
months,  but  he  was  released  in  July  1996.  The  police  also  arrested  Jose  CariUo 
Conde  and  Gerardo  Demesa  Padilla,  members  of  the  Tepoztlan  United  Committee 
(CUT),  who  protested  construction  of  the  golf  course  and  held  them  on  charges  of 
participating  in  a  murder.  Several  human  rights  groups  contended  that  the  police 
were  really  holding  these  individuals  because  they  protested  construction  of  the  golf 
course.  Jose  Carillo  was  released  in  October  1996,  together  with  Fortino  Mendoza, 
another  CUT  activist  who  had  been  arrested  in  October  1995.  In  September  Demesa 
was  sentenced  to  8  years  in  prison  for  being  an  accessory  to  manslaughter  in  the 
death  of  Pedro  Margarito  Barragan  Gutierrez.  He  is  appealing  the  sentence.  On  De- 
cember 11,  the  CNDH  recommended  that  Demesa  be  released  from  prison  for  lack 
of  credible  evidence  against  him.  The  CNDH  also  recommended  that  the  local  au- 
thorities investigate  apparent  acts  of  corruption  in  handling  communal  territory  and 
that  they  cancel  the  project.  In  response  to  local  protests,  the  developers  of  the  pro- 
posed golf  course  and  housing  and  resort  complex  canceled  the  project  in  April  1996. 

Detention  of  opposition  political  activists  is  neither  widespread  nor  systematic. 
Nevertheless,  there  were  scattered  reports  of  such  detentions. 

Judges  often  failed  to  sentence  indigenous  detainees  within  legally  mandated  peri- 
ods. For  the  period  from  June  1994  to  December  1996,  the  CNDH  reviewed  8,661 
files  of  indigenous  persons  detained  in  Mexican  jails.  The  Commission  recommended 
the  immediate  release  of  1,727  persons  in  1996.  By  the  end  of  1996,  the  authorities 
had  released  998  of  them;  729  cases  were  still  pending.  Of  those  states  with  the 
largest  numbers  of  indigenous  prisoners,  the  CNDH  reviewed  2,222  cases  in  Oaxaca, 
and  recommended  407  releases,  of  which  296  have  been  accomplished;  1,219  cases 
in  Veracruz,  with  331  recommendations  for  release  and  245  releases;  and  639  cases 
in  Puebla,  with  157  releases  recommended,  and  61  releases. 

Federal  prosecutors  continued  to  adhere  to  the  recommendation  by  the  National 
Indigenous  Institute  (INI)  that  they  drop  charges  against  first-time  offenders  ac- 
cused of  drug  cultivation,  as  drug  traffickers  often  forced  indigenous  defendants, 
who  do  not  understand  the  legal  significance  of  their  actions,  to  grow  the  crops.  The 
INI  also  supports  programs  to  provide  translators  for  indigenous  defendants  and  to 
assist  them  in  obtaining  bail  bonds. 

Many  detainees  report  that  officials  ask  them  to  pay  bribes  for  release  before  for- 
mal arraignment;  many  of  those  arrested  report  that  they  are  able  to  bribe  officials 
to  have  them  drop  charges  before  they  go  oefore  a  judge.  Corruption  is  rampant 
throughout  the  system. 

The  law  does  not  permit  exile,  and  it  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  nominally  independent;  however, 
on  occasion  it  has  been  influenced  by  the  executive  branch.  Corruption  and  ineffi- 


577 

ciency  are  problems  and  are  more  widespread  in  some  states  than  others.  Judicial 
reforms  have  begun  to  address  some  of  these  problems. 

The  federal  court  system  is  composed  of  183  district  courts,  74  circuit  courts  of 
appeal,  and  a  Supreme  Court.  In  1995  President  Zedillo  proposed  and  Congress  ap- 

{)roved  extensive  judicial  reform  legislation.  These  reforms  included:  selecting  most 
ower  and  appellate  federal  court  judges  and  law  secretaries  by  competitive  exami- 
nations; creating  an  independent  judicial  council  to  administer  the  federal  courts 
(except  the  Supreme  Court,  which  administers  itself);  and  requiring  two-thirds  of 
the  Senate  to  confirm  the  appointment  of  a  Supreme  Court  justice.  The  reforms  also 
provided  the  Supreme  Court  with  the  authority  to  strike  down  a  law  for  unconsti- 
tutionality (one-third  of  the  Congress,  one-third  of  a  state  congress,  or  the  Attorney 
General  must  ask  the  Supreme  Court  to  review  the  constitutionality  of  a  law  before 
it  can  be  declared  unconstitutional). 

Efforts  to  implement  these  reforms  continued  throughout  the  year.  The  judicial 
council  created  27  new  judicial  tribunals  and  plans  to  create  20  more;  established 
the  beisis  and  procedures  for  selecting  new  members  of  the  judiciary  and  for  promot- 
ing and  transferring  current  members;  conducted  reviews  of  the  performance  of  48 
judges  during  their  initial  6-year  probationary  period  prior  to  granting  life  tenure 
(three  did  not  receive  tenure);  determined  151  new  assignments  and  180  reassign- 
ments  of  judges;  handled  1,025  administrative  complaints  and  found  70  to  be  well 
based;  and  reconstituted  the  institute  in  charge  of  training  of  the  federal  judiciary. 

Since  the  creation  of  the  federal  judicial  council  in  early  1995  to  the  end  of  the 
year,  seven  judges  have  been  investigated  for  the  alleged  protection  they  granted 
to  criminals,  including  drug  traffickers.  Some  of  these  judges  are  accused  of  having 
abused  the  amparo  (a  writ  protecting  one's  constitutional  rights)  to  benefit  the  ac- 
cused criminals.  Other  judges  face  investigations  for  the  lenient  sentences  they 
htmded  down  in  specific  cases  of  serious  crimes.  The  PGR  has  begun  formal  legal 
proceedings  only  in  three  of  the  seven  cases.  In  two  other  cases,  the  PGR  forwarded 
administrative  complaints  against  the  judges  to  the  federal  iudicial  council.  These 
complaints  allege  inefficiency  in  the  accomplishment  of  legal  proceedings;  and  the 
two  judges  do  not  face  criminal  charges.  The  remaining  two  judges  are  being  inves- 
tigated for  allegedly  committing  irregularities  in  the  performance  of  their  duties. 

The  judicial  trial  system  is  based  on  the  Napoleonic  code  and  consists  of  a  series 
of  fact-gathering  hearings  at  which  the  court  receives  documentary  evidence  or  testi- 
mony. In  addition,  officials  may  add  notarized  documents  to  the  official  case  file 
without  authentication.  A  judge  in  chambers  reviews  the  case  file  and  makes  a  final 
written  ruling  based  thereon.  The  record  of  the  proceeding  in  not  available  to  the 
public;  only  the  parties  and,  by  special  motion,  tne  victim  may  have  access  to  the 
official  file.  The  Constitution  provides  for  the  right  of  the  accused  to  attend  the 
hearings  and  challenge  the  evidence  or  testimony  presented,  and  the  Gk>vemment 
respects  these  rights  in  practice.  In  general,  court  hearings  are  open  to  the  public 
and  it  is  common  to  find  not  only  the  accused  but  also  relatives  and  journalists  in 
the  court  rooms. 

Journalists  covering  judicial  proceedings  must  rely  on  statements  of  attorneys  out- 
side the  courtroom  as  to  what  occurred  inside.  A  judge  in  chambers  reviews  the  case 
file  and  makes  a  final  written  ruling  based  thereon.  The  record  of  the  proceeding 
is  not  available  to  the  public;  only  the  parties  and,  by  special  motion,  the  victim  may 
have  access  to  the  official  file. 

While  there  is  a  constitutional  right  to  an  attorney  at  all  stages  of  criminal  pro- 
ceedings, in  practice,  the  authorities  oflen  do  not  assure  adequate  representation  for 
many  poor  oefendants.  Attorneys  are  not  always  available  during  the  questioning 
of  defendants;  in  some  instances  a  defense  attorney  will  attempt  to  represent  sev- 
eral clients  simultaneously  by  entering  difierent  rooms  to  certify  that  he  was 
present  although  he  did  not  actually  attend  the  full  proceedings.  In  the  case  of  in- 
digenous defendants,  many  of  whom  do  not  speak  Spanish,  the  situation  is  oflen 
worse.  The  courts  do  not  routinely  furnish  translators  for  them  at  all  stages  of 
criminal  proceedings,  and  thus  defendants  may  be  unaware  of  the  status  oi  their 
case. 

The  law  does  not  require  civil  trial  of  soldiers  involved  in  civil  crimes,  and  the 
military  continues  to  handle  such  cases.  The  Constitution  provides  for  military  juris- 
diction for  crimes  or  offenses  involving  any  violation  of  military  discipline.  In  cases 
in  which  a  member  of  the  military  commits  a  crime  and  is  arrested  by  civil  authori- 
ties, the  military  has  the  right  to  immediately  request  transfer  of  the  case  to  mili- 
tary jurisdiction.  TTie  Constitution  allows  civilian  authorities  to  assume  jurisdiction 
in  cases  involving  military  personnel  accused  of  common  offenses.  Several  NGO's 
complained  about  the  growing  militarization  of  the  country  and  expressed  the  fear 
that  military  abuses  would  not  be  subject  to  civil  jurisdiction.  This  remains  a  subject 


578 

of  ongoing  public  debate,  with  some  sectors  of  society  in  favor  of  greater  use  of  the 
military  to  combat  crime. 

Some  human  rights  groups  claim  that  activists  arrested  in  connection  with  land 
disputes  and  other  civil  disobedience  activities  are  in  fact  political  prisoners.  The 
Government  asserts  that  the  system  fairly  prosecutes  those  charged  in  sometimes 
violent  land  invasions  for  common  crimes,  such  as  homicide  and  damage  to  prop- 
erty. 

\.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  rights  to  privacy,  family,  home,  and  correspondence. 
The  law  requires  search  warrants,  but  there  are  credible  claims  that  unlawful 
searches  without  warrants  are  common. 

Police  evicted  peasants  from  their  homes  and  destroyed  the  homes  of  peasant 
leaders  in  the  state  of  Veracruz  (see  Section  l.a.). 

In  November  1996,  Congress  passed  the  federal  Law  against  Organized  Crime 
which,  among  other  changes,  allows  for  electronic  surveillance  with  a  judicial  order. 
The  law  prohibits  electronic  surveillance  in  cases  of  electoral,  civil,  commercial, 
labor,  or  administrative  matters. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— There  were  no  reported  clashes  between  troops  stationed  in  Chiapas  and  the 
EZLN  during  1997.  Negotiations  between  the  EZLN  and  the  Government  have  not 
progressed  since  January.  The  Government  contends  that  it  remains  committed  to 
implementation  of  the  San  Andres  accords  on  the  rights  of  indigenous  peoples  and 
to  a  negotiated  settlement.  In  September  the  EZLN  organized  a  peaceful  march  on 
Mexico  City  to  demand,  among  other  things,  implementation  of  the  agreement  on 
indigenous  rights.  A  political  movement,  the  Zapatista  National  Liberation  Front 
(FZLN),  was  launched  in  September  to  pursue  Zapatista  goals  through  political  ac- 
tion. The  Government  has  invited  the  EZLN  to  recommence  negotiations,  but  the 
EZLN  refused  to  return  to  the  dialog  until  the  Government  takes  steps  that  the 
EZLN  believes  are  necessary  to  implement  the  San  Andres  accords.  The  Govern- 
ment welcomed  the  EZLN  march  on  Mexico  City  and  the  creation  of  the  FZLN  as 
representing  a  shift  from  military  to  political  action. 

The  military  continues  to  deny  any  responsibility  for  abuses  committed  during  the 
early  stages  of  the  Chiapas  rebellion  in  1994.  The  military  authorities  who  have  ju- 
risdiction failed  to  punish  any  military  personnel  or  government  officials  for  commit- 
ting abuses,  although  the  CNDH  issued  an  interim  report  in  May  1994  finding  that 
there  was  reason  to  believe  that  the  military  had  injured  or  killed  civilians  in  aerial 
attacks,  and  that  there  were  summary  executions,  illegal  detentions,  and  instances 
of  torture. 

In  January  1994,  the  army  occupied  the  town  of  Ejido  Morelia  in  the  state  of 
Chiapas.  The  army  allegedly  took  three  men  into  the  church  where  they  were  tor- 
tured before  being  taken  away.  Their  bodies  were  found  3  days  later  in  a  nearby 
town.  This  case  was  been  brought  before  the  Inter-American  Commission  on  Human 
Rights  (lACHR).  The  lACHR  made  a  number  of  recommendations  to  the  Govern- 
ment in  October,  which  reportedly  included  that  the  Government  appoint  a  special 
f>rosecutor,  take  legal  action  against  the  accused,  and  make  payments  to  the  victims' 
amilies.  The  Government  was  given  3  months  to  respond  to  the  recommendations; 
the  authorities  have  said  that  they  are  prepared  to  punish  those  responsible. 

In  May  and  June,  the  EPR  launched  small-scale  attacks  against  the  military  in 
Guerrero.  Prior  to  the  July  6  elections,  the  EPR  declared  a  truce.  Following  the  elec- 
tions, an  EPR  leader  told  the  press  that  the  EPR  did  not  plan  to  launch  attacks 
in  the  near  future  because  such  actions  would  not  command  popular  support. 

Sweeps  conducted  by  police  and  military  personnel  searching  for  the  EPR  resulted 
in  a  number  of  arrests.  Many  NGO's  expressed  concern  that  the  security  forces  tor- 
tured some  of  the  detainees.  There  were  reports  of  torture  in  connection  with  arrests 
by  security  forces  searching  for  members  of  the  EPR  in  the  state  of  Guerrero.  Sol- 
diers detained  Jose  Nava  Andrade,  a  member  of  the  Organization  of  Towns  and  Set- 
tlers of  Guerrero,  in  July  1996  and  allegedly  tortured  him  in  an  attempt  to  force 
him  to  confess  membership  in  the  EPR. 

Amnesty  International  reported  that  in  July  1996,  Hilario  Mesino  Acosta,  an 
OCSS  leader  in  Guerrero,  was  arrested  in  Mexico  City  on  charges  of  participating 
in  violent  activities.  He  was  allegedly  tortured  and  threatened.  Previously,  his 
dau^ters  had  received  death  threats  after  lodging  complaints  about  the  Aguas 
Blancas  massacre.  The  CNDH  examined  the  arrest  warrants  executed  for  Mesino 
and  interviewed  him  2  days  after  his  arrest.  According  to  the  CNDH,  Mesino  denied 
that  he  had  been  mistreated  and  was  aware  of  the  judicial  events  leading  to  his  de- 
tention. A  CNDH  expert  verified  that  Mesino  showed  no  signs  of  mistreatment. 


579 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  generally  respects  these  rights  in  practice. 
Mass  media  are  not  subject  to  formal  censorship  from  any  element  of  government. 

The  media  environment  is  complex.  The  media  are  more  free  and  independent 
than  at  any  time  in  the  country's  history.  Yet,  there  are  more  credible  reports  of 
attacks  on  journalists  in  the  exercise  of  their  profession  than  in  recent  years.  Many 
of  these  attacks  are  carried  out  by  drug  traflicKing  organizations  or  by  corrupt  secu- 
rity personnel  in  the  pay  of  such  groups. 

m  the  capital  and  in  other  major  urban  centers,  the  media  show  a  high  degree 
of  editorial  independence.  Direct  criticism  of  the  Government,  especially  in  print 
media,  is  severe  and  commonplace.  Television  news  and  public  affairs  programs  are 
no  longer  the  automatic  "propaganda  services  for  the  President  and  top  oiucials"  de- 
scribed by  the  Conmiittee  to  Protect  Journalists  as  recently  as  1995.  Television  pro- 
vided full  and  generally  balanced  coverage  of  all  political  parties  during  the  1997 
electoral  campaign  and  continued  to  do  so  after  the  elections. 

A  complex  set  of  relationships  has  developed  between  the  media  and  the  Govern- 
ment over  the  years.  Some  elements  of  that  relationship  are  diminishing;  others 
continue  to  tilt  the  editorial  independence  of  many  news  organizations  toward  the 
Government.  The  key  elements  oi  that  system  are:  coincidence  of  interest  between 
media  owners  and  the  Government;  broadcast  licensing;  official  advertising  (some 
of  it  disguised  as  news  coverage);  a  state-run  newsprint  sales  company;  and  a  vari- 
ety of  cash  and  noncash  payments  to  journalists  from  various  levels  of  government. 

The  greatest  concentration  of  ofTicial  influence  is  in  television.  Television  broad- 
casters give  a  contribution  of  air  time — in  the  form  of  a  12.5  percent  tax  on  advertis- 
ing revenues — instead  of  actual  cash  payments.  This  system  lowers  effective  tax 
rates  of  the  broadcasters  and  assures  the  Government  access  to  this  powerful  me- 
dium. 

Greater  pluralism  in  government  and  generational  change  in  media  leadership 
are  beginning  to  separate  government  and  media  interests  at  the  top.  Following  a 
prolonged  fiwit  for  control  of  the  corporation,  the  new  director  of  the  media  giant 
Televisa  publicly  stated  his  commitment  to  editorial  independence.  This  was  in 
marked  contrast  to  his  predecessor's  publicly  stated  pride  in  being  a  "soldier  for  the 
PRI."  A  court  settlement  in  August  ol  tax  fraud  charges  brought  by  the  (government 
against  the  owner  of  one  of  Mexico  City's  leading  dailies  also  reflected  the  gradual 
dissolution  of  traditionally  close  interests  between  media  owners  and  the  Govern- 
ment. 

However,  the  Government  still  has  the  power  to  grant  or  withdraw  broadcast  li- 
censes. Media  observers  have  privately  alleged  that  tne  Government  delays  issuance 
of  broadcast  licenses  as  an  implicit  control  over  broadcasters.  There  have  also  been 

Rrinted  allegations  of  favoritism  by  the  Government  in  granting  broadcast  licenses. 
fone  of  those  allegations  has  ever  been  proven.  Media  observers  maintain,  however, 
that  the  ability  to  grant  or  withdraw  broadcast  licenses  leads  to  self-censorship  in 
some  broadcast  media. 

The  most  serious  problem  during  the  past  year  was  the  increasing  number  of 
credible  reports  of  attacks  on  journalists.  In  May  the  CNDH  revamped  its  proce- 
dures for  monitoring  reported  attacks  on  journalists.  Rather  than  wait  for  formal 
complaints  (which  numbered  13  from  May  1996  to  May  1997),  the  CNDH  began 
opening  cased  based  on  media  reports,  and  it  contacted  tne  affected  parties  and  oth- 
ers who  may  have  information.  This  invigorated  approach  led  to  80  new  investiga- 
tions between  May  and  the  end  of  the  year.  Most  reports  received  by  the  CNDH 
continued  to  be  from  outside  Mexico  City,  and  most  continued  to  describe  violent 
acts  or  intimidation,  rather  than  murder  of  a  journalist. 

Mexico  City  media  reported  that  there  were  10  homicides  of  journalists  during  the 
year  in  other  parts  of  the  country.  Attorney  General  Madrazo  publicly  committed 
the  F*GR  at  the  federal  level  to  investigate  all  murders  of  journalists,  which  is  sig- 
nificant because  homicide  investigations  are  normally  the  responsibility  of  state 
level  officials.  The  most  widely  publicized  death  of  a  journalist  in  the  conduct  of  his 
profession  was  the  July  murder  of  Benjamin  Flores  Gonzalez,  owner  and  editor  of 
the  daily  newspaper  La  Prensa,  in  San  Luis  Rio  Colorado,  Sonora.  Unknown  assail- 
ants shot  Flores  Gonzalez  while  he  was  returning  to  his  office.  Flores  (Gonzalez' 
f)aper  had  aggressively  covered  the  drug  trade  in  Sonora,  including  a  story  pub- 
ished  in  May,  that  reported  the  disappearance  of  a  half  ton  of  seized  cocaine  from 
Federal  Judicial  Police  headquarters  in  San  Luis  Rio  Colorado.  The  police  arrested 
Rolando  Arroyo  Palacios,  whom  they  said  killed  Flores  Gonzales  on  the  orders  of  a 
jailed  drug  trafficker.  Police  also  arrested  Luis  Enrique  Rincon  Muro  and  Vidal 
Zamora  Lara  in  the  killing. 


580 

In  November  gunmen  using  automatic  rifles  opened  fire  on  the  vehicle  of  Jesus 
Blancomelas,  founder  and  editor  of  Zeta,  a  Tijuana  weekly.  The  assailants  seriously 
wounded  Blancomelas  and  killed  his  assistant'  one  of  the  attackers  was  killed. 
Press  reports  ascribed  the  attack  to  narcotics  traffickers. 

In  June  Leonicio  Pintor  Garcia,  a  correspondent  of  the  daily  El  Sol  in 
Chilpancingo,  Guerrero,  was  found  dead  in  or  near  the  Ajolotero  river.  NGO  reports 
stated  that  the  body  showed  signs  of  torture.  In  late  May,  Jesus  Bueno  Leon,  the 
editor  of  the  weekly  Siete  Dias  in  Chilpancingo,  Guerrero,  was  found  shot  in  the 
head  near  the  Chilpancingo-Tixtla  highway.  Bueno  Leon  reportedly  was  one  of 
seven  journalists  at  Siete  Dias  being  sued  for  defamation  by  former  Guerrero  sec- 
retary of  state  Ruben  Robles  Catalan  following  the  publication  of  reports  that  tied 
the  state  governor  to  a  1995  murder  of  a  local  lawyer  by  police. 

There  were  no  murders  of  journalists  reported  in  Mexico  City.  There  were,  how- 
ever, increasingly  credible  reports  of  harassment  of  journalists  who  work  for  na- 
tional media.  The  Mexico  City  daily,  Reforma,  reported  that  two  of  its  reporters 
were  kidnaped  and  detained  on  separate  occasions  in  August  and  September.  The 
earlier  kidnaping,  by  unidentified  perpetrators,  occurred  while  a  reporter  was  inves- 
tigating the  disappearance  of  a  police  officer  who  reportedly  had  been  in  the  pay 
oi  drug  kingpin  Amado  Carrillo  Fuentes.  According  to  reports  in  Reforma,  the  sec- 
ond kidnapmg  was  perpetrated  by  Federal  Judicial  Police,  who  questioned  the  re- 
porter about  his  sources  on  several  narcotics  related  stories  for  several  hours  before 
releasing  him. 

Reputable  journalists  with  other  national  media  institutions  have  remarked  pri- 
vately that  they  have  been  summoned  to  police  agencies  in  Mexico  City  where  tney 
were  similarly  asked  about  stories  they  were  pursuing,  including  their  sources.  The 
journalists  did  not  allege  detention  or  mistreatment,  but  understood  an  implicit,  po- 
tential threat  to  their  aoility  to  report. 

In  response  to  the  increased  number  of  attacks  on  journalists  and  heightened  at- 
tention by  Mexican  and  international  NGO's,  on  September  18,  President  Zedillo 
publicly  condemned  such  attacks  and  instructed  the  Mexico  City  attorney  general's 
office  and  the  Mexico  City  police  to  investigate  these  acts. 

The  Constitution  recognizes  academic  freedom  in  higher  education,  and  the  Gov- 
ernment respects  this  provision  in  practice. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  assembly,  and  the  Government  respects  this  right  in  practice.  The  only 
requirement  for  holding  demonstrations  is  that  groups  wishing  to  meet  in  public 
areas  inform  local  police  authorities;  public  demonstrations  are  held  frequently. 

The  Constitution  provides  for  the  right  to  organize  or  affiliate  with  political  par- 
ties, and  the  Government  respects  this  right  in  practice.  Opposition  and  independ- 
ent associations  functioned  freely  without  government  interference  or  restriction. 
The  Federal  Electoral  Code  recognizes  national  political  associations.  Such  political 
associations  can  participate  in  elections  through  an  agreement  with  one  political 
party  but  are  not  allowed  to  use  their  names  or  symbols  during  the  election  cam- 
paigns. Private  associations  do  not  have  legal  status  until  they  receive  their  official 
designation  from  the  Federal  Electoral  Institute.  In  November  1996,  the  IFE  recog- 
nized 24  citizen  organizations. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  the  right  to  practice  the  re- 
ligion of  one's  choice,  and  the  authorities  generally  respect  this  right  in  practice. 
However,  local  authorities  sometimes  infringed  on  this  right  (see  Section  5).  The  law 
bars  clergy  from  holding  public  office  and  from  advocating  partisan  political  posi- 
tions. 

The  federal  Office  of  Religious  Affairs  actively  promotes  religious  tolerance  and 
held  symposiums  in  July  1996  in  the  states  of  Oaxaca  and  Chiapas  emphasizing  the 
constitutional  right  of  freedom  of  religion. 

On  March  3,  in  Palenque,  Chiapas,  two  Jesuit  priests,  Jeronimo  Alberto  Hernan- 
dez and  Gonzalo  Rosas  Morales,  were  arbitrarily  detained.  According  to  witnesses, 
police  in  civilian  clothes  and  judicial  police,  supported  by  local  police,  removed  the 
two  priests  from  their  vehicle  and  transported  them  to  Tuxtla  Gutierrez.  On  the 
way  to  Tuxtla,  the  priests  report  having  been  beaten  by  the  police.  The  police  had 
no  arrest  order  and  did  not  inform  the  priests  of  the  reason  for  their  detention.  The 
police  informed  the  Fray  Bartolome  Human  Rights  Center,  by  telephone,  that  the 
priests  were  accused  of  participating  in  an  ambush  on  March  2  in  which  two  police 
officers  were  killed  and  five  were  wounded.  A  judge  subsequently  released  the 
priests,  for  lack  of  evidence,  on  March  13. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  the  right  of  free  movement,  and  the  Gov- 
ernment does  not  generally  restrict  movement  of  its  citizens  into,  out  of,  or  within 
the  country. 


581 

The  law  provides  protection  for  foreigners  who  face  political  persecution. 

Illegal  immigrants  rarely  file  charges  in  cases  of  crimes  committed  against  them. 
The  authorities  generally  immediately  deport  illegal  immigrants  who  come  to  their 
attention;  therefore,  a  pending  case  "brought  by  an  illegal  immigrant  is  subject  to 
dismissal  once  the  immigrant  has  been  deported. 

Until  1995  children  who  were  in  Mexico  illegally  did  not  have  the  right  to  matric- 
ulate in  public  schools.  According  to  new  Education  Secretariat  guidelines,  any  child 
may  now  be  registered  for  public  school  with  a  Mexican  or  foreign  birth  certificate. 
Implementation  of  the  new  guidelines  varies  widely  from  state  to  state,  however. 

The  Government  cooperates  with  the  office  of  the  U.N.  High  Commissioner  for 
Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees. 
With  the  UNHCR,  the  Government  assisted  with  the  repatriation  of  Guatemalan 
refugees  desiring  to  return  home  who  had  fled  their  country  during  the  civil  war 
in  the  1980'8  and  granted  others  wishing  to  stay  in  Mexico  official  inunigrant  resi- 
dency status.  The  Government  agrees,  in  practice,  with  the  principle  of  first  asylum 
and  reviews  each  claim  on  a  case-by-case  basis  with  the  assistance  of  the  UNHCR. 

The  UNHCR  worked  with  an  intragovemmental  commission  called  the  Mexican 
Commission  for  Refugee  Assistance  in  a  program  to  repatriate  Guatemalan  refu- 
gees. Guatemalan  refugees  are  mostly  located  in  Chiapas  (18,000),  Campeche 
(10,000),  and  Quintana  Roo  (3,000).  In  1996  3,973  Guatemalans  were  repatriated, 
and  by  July,  an  additional  1,639  had  been  repatriated.  In  addition,  the  Government 
offered  the  option  to  become  legal  residents  to  the  refugees  in  Campeche  and  Quin- 
tana Roo;  85  percent  accepted. 

Between  /anuary  and  May  Mexico  expelled  18,984  Guatemalans,  12,934 
Hondurans,  8,646  Salvadorans,  and  547  Nicaraguans.  Many  of  those  expelled  were 
en  route  to  the  northern  border  with  the  United  States.  There  were  no  reports  of 
forced  return  of  persons  to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  rig^t  peacefully  to  change  their  gov- 
ernment through  periodic  elections.  The  PRI  dominates  politics  and  has  controlled 
the  Government  since  the  party  was  founded  in  1929.  It  has  won  every  presidential 
election  since  then  and  has  maintained  power,  in  part,  by  relying  on  puolic  patron- 
age, use  of  government  and  party  organizational  resources,  and,  in  tne  past,  elec- 
toral fraud.  However,  the  CJovemment  no  longer  restricts  the  functioning  of  political 
opponents.  Electoral  reforms  approved  in  1996  and  implemented  in  1997  marked  a 
transition  from  the  traditional  political  system.  While  the  PRI  continues  to  be  the 
dominant  party,  political  change  is  altering  the  nation's  politics,  and  opposition  par- 
ties are  gaining  strength  on  both  the  national  and  local  levels. 

On  July  6,  elections  were  held  for  all  500  seats  in  the  lower  house  of  Congress, 
one-quarter  of  the  Senate,  6  state  governors  (Campeche,  Colima,  Queretaro,  Sonora, 
San  Luis  Potosi,  and  Nuevo  Leon),  and  over  1,000  state  and  local  office  holders  in 
7  states  and  Mexico  City.  The  congressional  elections  were  a  historic  turning  point. 
For  the  first  time  since  the  party's  founding,  the  PRI  lost  its  absolute  majority  in 
the  lower  house  of  Congress.  In  addition,  for  the  first  time  since  the  1920's,  the  peo- 
ple of  Mexico  City  directly  elected  the  mayor.  PRD  candidate  Cuauhtemoc  Cardenas 
won  this  race  by  a  clear  margin.  There  were  post-electoral  disputes  in  a  few  states 
including  Colima  and  Campeche,  and  there  was  small-scale  violence  in  Chiapas. 
(Ballots  were  burned  in  about  90  polling  stations,  out  of  over  1,100  in  the  state  and 
over  100,000  nationwide.)  The  elections  were  seen  by  Mexican  and  international  ob- 
servers as  largely  free  and  fair  and  as  a  significant  advance  in  the  democratization 
process. 

As  a  result  of  the  package  of  electoral  reforms  approved  by  the  Congress  and 
signed  by  President  Zedillo  m  1996,  the  Federal  Electoral  Institute  (IFE),  operating 
with  full  autonomy,  organized  the  federal  elections  for  the  Congress  and,  this  year 
only,  for  the  mayor  of  Mexico  City.  (In  subsequent  elections,  Mexico  City  is  to  have 
its  own  electoral  commission.)  The  IFE  implemented  extensive  constitutional  and 
legislative  reforms  passed  in  1996  to  help  prevent  electoral  fraud  and  to  "level  the 
playing  field"  for  the  political  parties  by  regulating  campaign  finance,  advertising, 
and  other  measures.  'The  IFE  also  provided  support  to  state  electoral  institutes  in 
running  state  and  local  elections  and  was  instrumental  in  overhauling  electoral  dis- 
trict boundaries  to  reflect  demographic  shifts. 

Although  there  is  no  systematic  exclusion  of  women  and  indigenous  persons,  they 
are  underrepresented  in  politics.  Women,  however,  hold  numerous  congressional 
seats  and  continue  to  increase  their  representation  in  political  offices.  At  the  begin- 
ning of  his  administration.  President  Zedillo  appointed  three  women  to  the  cabinet: 
the  Comptroller  General,  the  Secretary  of  Tourism,  and  the  Secretary  of  the  Envi- 


582 

ronment,  Natural  Resources,  and  Fisheries.  In  addition,  after  the  July  elections, 
there  were  87  women  in  the  500-member  Chamber  of  Deputies  and  19  in  the  128- 
member  Senate. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  wide  vfiriety  of  human  rirfits  groups  operate  largely  without  government  re- 
striction, investigating  and  publishing  their  findings  on  numan  rights  cases.  Govern- 
ment officials  are  generally  cooperative  and  responsive  to  NGO  views,  and  the  Con- 
gress has  establisned  a  citizen  participation  committee  to  act  as  a  liaison  with 
NGO's.  In  July  1996,  the  Inter-American  Commission  on  Human  Ri^ts  visited 
Mexico  at  the  invitation  of  President  Zedillo  and  met  with  over  a  hunfi^d  human 
ri^ts  groups.  In  August  the  United  Nations  Special  Rapporteur  on  Torture  visited 
and  met  with  government  officials  and  members  of  NGO's.  In  September  the  sec- 
retary general  of  Amnesty  International  visited  Mexico  and  met  with  high  ranking 
members  of  the  Government  including  Attorney  General  Madrazo,  as  well  as  with 
members  of  prominent  human  rights  NGO's. 

However,  many  serious  problems  remain.  For  example,  leaders  and  members  of 
numerous  human  ri^ts  NGO's  received  death  threats  for  criticizing  the  human 
rights  situation  in  the  country.  These  included  members  of  the  Miguel  Agustin  pro 
Juarez  Center  for  Human  Rights  (PRODH)  in  Mexico  City;  its  director,  father  David 
Fernandez  Davalos;  and  Jose  Lavanderos  Ynez,  Pilar  Noriega,  Digna  Ochoa,  Victor 
Brenes,  and  Enrique  Flota,  PRODH  lawyers  representing  alleged  members  of  the 
EZLN.  Death  threats  were  also  received  by  Araceli  Munoz,  a  member  of  the  Chris- 
tian Action  for  the  Abolition  of  Torture  in  Mexico  City,  and  other  civil  rights  activ- 
ists and  politicians.  For  example,  in  July  Leticia  Moctezuma  Vargas  received  threats 
because  of  her  involvement  in  Tepoztlan.  Graco  Ramirez  Abreu,  PRD  state  congress- 
man in  Morelos,  also  received  death  threats  in  October  for  campaigning  against 
human  rights  violations  by  the  police. 

The  CNDH  has  established  a  program  to  assist  threatened  activists  in  filing  a 
complaint  and  obtaining  protection.  After  filing  an  official  contiplaint,  the  Govern- 
ment is  in  a  position  to  offer  protective  services  through  the  Mexico  City  attorney 
general's  office.  For  example,  beginning  in  October  1996,  the  judicial  police  have 
monitored  the  offices  of  the  Miguel  Augustin  pro  Juarez  Center  for  Human  Rights 
in  24-hour  shifts.  In  addition,  at  the  group's  request  the  Mexico  City  Attorney  Gen- 
eral's office  instaUed  a  closed  circuit  fixed  camera  and  monitor,  and  a  video  recorder 
to  tape  the  signal  and  two  external  views.  The  Attorney  General's  office  also  estab- 
lished a  government  group  to  follow  up  on  the  investigation,  but  it  had  not  yielded 
conclusive  results  bv  year's  end  as  to  who  was  behind  these  threats.  Moreover, 
NGO's  are  concerned  about  the  intrusive  nature  of  the  police  protection. 

To  address  human  rights  abuses,  the  Government  established  the  CNDH  in  1990. 
Between  May  1996  and  May  1997,  the  CNDH  received  a  total  of  8,509  new  cases 
and  continued  to  process  the  1,323  cases  that  carried  over  from  the  previous  year. 
By  May  the  CNDH  had  concluded  8,456  of  the  total  of  9,832  cases;  1,376  were  in 
various  stages  of  processing. 

For  the  period  from  May  1996  to  May  1997,  the  CNDH  made  126  recommenda- 
tions to  government  authorities.  Of  these,  the  authorities  showed  proof  of  having 
fuDy  complied  with  27  and  partially  complied  with  92.  The  authorities  accepted  six 
recommendations  without  showing  proof  of  compliance  and  six  others  pending  pres- 
entation of  proof  of  compliance.  An  additional  32  cases  were  pending.  During  the 
same  period,  the  CNDH's  efforts  resulted  in  the  sanctioning  of  123  piiolic  servants, 
of  which  25  were  federal  employees  and  98  were  state  employees. 

Some  NGO's  note  that  the  CNDH  lacks  both  autonomy  and  enforcement  author- 
ity. Additionally,  some  contend  that  it  has  become  too  Itirge  and  bureaucratic,  and 
that  the  state  commissions  are  ineffectual.  In  part  to  address  this  concern,  and  also 
to  improve  its  ability  to  comply  with  its  international  human  rights  obligations,  the 
Government  installed  an  interagency  commission  on  human  rights  on  November  6. 
The  new  commission  is  made  up  of  the  Secretaries  of  Foreign  Relations,  Defense, 
Navy,  Interior,  the  Attorney  General's  office,  and  the  CNDH.  The  commission  is  to 
develop  a  government  policy  on  human  rights  to  establish  uniform  procedures  for 
interaction  between  government  agencies  and  human  rights  organizations. 

In  March  1995,  the  Federal  District  Attorney  General  s  office  announced  the  open- 
ing of  a  new  subsection  for  human  rights  to  address  abuses  in  Mexico  City,  by  far 
the  most  populous  jurisdiction.  The  omce  handled  an  average  of  two  complaints  per 
day  against  Federal  District  police  officers,  as  well  as  other  cases.  In  December 
1996,  the  PGR  also  opened  an  office  to  strengthen  communication  with  NGO's. 

Then-Defense  Minister  General  Antonio  Kiviello  imprisoned  CJeneral  Jose  Fran- 
cisco Gallardo  Rodriguez  in  November  1993  on  a  range  of  charges,  including  embez- 


583 

zlement  and  dishonoring  the  military.  Gallardo  claims  that  the  embezzlement 
charges,  which  date  bacK  7  years,  had  previously  been  abandoned  for  lack  of  evi- 
dence. He  maintains  that  military  authorities  are  persecuting  him  because  of  an 
academic  dissertation  calling  for  the  establishment  of  a  military  human  rights  om- 
budsman's office.  The  army  continues  to  hold  Gallardo  but  has  reduced  the  previous 
inordinately  high  level  of  security  of  his  incarceration.  The  lACHR  considered  the 
GaIl£U*do  case  in  October  1996  and  called  for  his  immediate  release  and  for  the  Gov- 
ernment to  indenmify  him  for  damages  suffered  as  a  result  of  his  imprisonment. 
However,  he  remains  in  prison.  In  June  his  son,  Marco  Vinicio  Gallardo  Enriquez, 
who  campaigned  for  his  father's  release,  survived  an  attack  by  unidentified  individ- 
uals in  Nlexico  City. 

On  April  16,  two  foreign  representatives  of  the  International  Federation  of 
Human  nights  (FIDH)  arrived  at  an  Acapulco  prison  to  interview  people  accused  of 
having  links  with  the  EPR.  After  examining  their  documents,  the  prison  director 
discovered  the  two  were  in  the  country  on  the  wrong  type  of  visas,  denied  them  ac- 
cess to  the  prison,  and  notified  immigration  authorities.  At  1:00  a.m.  on  April  17, 
immigration  authorities  went  to  the  hotel  where  the  FIDH  representatives  were 
staying  and  asked  to  review  their  documents.  The  immigration  officers  confirmed 
that  the  FIDH  investigators  did  not  have  the  type  of  visa  required  to  conduct  such 
interviews;  rather,  they  had  been  issued  tourist  visas  by  Mexican  consular  officers. 
Although  the  CNDH  requested  that  the  representatives  be  allowed  to  remain  in 
country,  and  the  request  was  agreed  to  by  immigration  authorities,  the  two  rep- 
resentatives were  not  officially  granted  this  permission  prior  to  leaving  Mexico  on 
April  21.  In  May  the  CNDH  recommended  that  an  investigation  be  made  into  the 
behavior  of  the  immigration  authorities.  As  a  result  of  this  recommendation,  the  au- 
thorities disciplined  a  number  of  immigration  officials  and  changed  policies  to  avoid 
similar  situations  in  the  future. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  states  that  men  and  women  are  equal  before  the  law.  It  also  pro- 
vides that  education  should  sustain  the  ideals  of  "fraternity  and  equal  rights  of  all 
mankind,  avoiding  privileges  of  race,  sects,  groups,  sexes,  or  individuals."  These  pro- 
visions are  not  effectively  enforced. 

Amnesty  International  cites  Mexico  as  one  of  the  countries  in  which  homosexual 
men  and  women  are  most  likely  to  be  victims  of  abuse  and  violence.  A  number  of 
homosexuals  and  male  prostitutes  have  been  killed  in  recent  years.  There  was  no 
progress  in  the  investigation  of  the  killings  of  at  least  12  homosexuals  and  9  male 
prostitutes  in  Tuxtla  Gutierrez  between  1991  and  1993.  An  independent  prosecutor 
took  over  the  investigation  of  the  Tuxtla  Gutierrez  murders  in  April  1994  but  had 
made  no  progress  in  solving  them  by  the  end  of  1997. 

Women. — The  most  pervasive  violations  of  women's  rights  involve  domestic  and 
sexual  violence,  which  is  believed  to  be  widespread  and  vastly  underreported. 
Women  are  reluctant  to  report  abuse  or  file  charges,  and,  even  when  notified,  the 
police  are  reluctant  to  intervene  in  what  society  considers  to  be  a  domestic  matter. 
The  municipality  of  Chimalhuacan,  Mexico  state,  where  the  average  time  for  police 
action  on  rape  cases  is  2  months,  is  a  typical  example  of  the  diiticulty  that  rape 
victims  experience.  This  is  attributable  to  police  inexperience  in  handling  these 
cases,  lack  of  investigative  techniques,  and  unwillingness  to  get  involved  in  what 
are  often  considered  domestic  affairs. 

In  December  Congress  passed  a  legislative  reform  initiative  on  intrafamily  vio- 
lence proposed  by  the  President.  The  new  law  has  three  main  objectives:  to  discour- 
age and  punish  intrafamily  violence,  establish  protective  measures  for  victims,  and 
educate  the  public.  The  legislation  expanded  the  crime  of  rape  to  include  spousal 
rape,  involving  married  or  common  law  couples. 

Under  certain  circumstances  limited  to  statutory  rape  of  a  minor  between  the 
ages  12  and  18,  the  Criminal  Code  provides  that  a  judge  may  dismiss  the  charges 
ii  the  persons  involved  voluntarily  marry.  In  practice,  this  provision  is  rarely  in- 
voked. 

In  Mexico  City,  during  the  first  8  months  of  the  year,  the  Center  for  Family  Vio- 
lence (CAVI)  received  8,760  cases  and  assisted  11,732  people.  The  CAVI  provided 
counseling  to  2,684  crime  victims.  During  1996,  the  Special  Agency  for  Sexual 
Crimes  received  5,643  complaints.  Rape  was  the  most  reported  sexual  crime  with 
1,693  reported  cases,  48.2  percent  of  the  total;  followed  by  sexual  abuse,  1,053  cases; 
and  attempted  rape,  179  cases.  The  Center  for  Support  for  Victims  of  Sexual  Crimes 
provided  counseling  to  10,822  people  in  1996,  and  in  1,611  cases  it  provided  legal 
support.  The  Mexico  City  Attorney  General's  office  provided  legal  assistance  to 
crime  victims  through  a  special  unit  (ADEVI)  which  was  created  in  1994.  Between 


584 

January  and  August,  the  ADEVI  assisted  7,655  people  and  sent  1,592  cases  to  the 
appropriate  authorities.  The  ADEVI  also  helped  to  obtain  $210,583  for  compensation 
to  some  of  the  victims. 

Although  the  Constitution  provides  for  equality  between  the  sexes,  neither  the  au- 
thorities nor  society  in  general  respect  this  in  practice.  The  legal  treatment  of  wom- 
en's rights  is  uneven.  Women  have  the  right  to  own  property  in  their  own  names 
and  to  file  for  separation  and  divorce.  However,  in  some  states  a  woman  may  not 
bring  suit  to  establish  patemitv  and  thereby  obtain  child  support,  unless  the  child 
was  a  product  of  rape  or  cohabitation;  the  child  resides  witn  the  father;  or  there 
is  written  proof  of  paternity. 

The  Constitution  and  labor  law  provide  that  women  shall  have  the  same  rights 
and  obligations  as  men,  and  "equal  pay  shall  be  given  for  equal  work  performed  in 
equal  jobs,  hours  of  work  and  conditions  of  efficiency."  However,  women  are  gen- 
erally paid  less  and  are  concentrated  in  lower  paying  occupations.  Labor  law  in- 
cludes extensive  maternity  protection,  including  6  weeks  ofT  before  and  6  weeks  off 
after  childbirth,  time  off  for  breast  feeding  in  adequate  and  hygienic  surroundings 
provided  by  the  employer,  and,  during  pregnancy,  full  pay  and  no  dismissals,  heavy 
or  dangerous  work  or  exposure  to  toxic  substances.  There  are  reports  that,  in  order 
to  avoid  these  expensive  requirements,  some  employers  deliberately  violate  these 
provisions  by  requiring  pregnancy  tests  in  preemployment  physicals  and  by  exposing 
pregnant  women  to  dimcult  or  hazardous  conditions  to  make  them  quit;  this  report- 
edly occurs  particularly  in  the  low-wage,  low-skill,  high-turnover  end  of  the  in-Dond 
export  processing  (maquila)  industry. 

These  reports  claim  that  state  and  (for  health  and  safety)  federal  labor  authorities 
are  unable  or  unwilling  to  enforce  those  provisions.  Human  Rights  Watch/Americas, 
joined  by  the  International  Labor  Rights  Fund,  and  the  (Mexican)  National  Associa- 
tion of  Democratic  Lawyers,  followed  up  its  August  1996  report  on  these  problems 
by  filing  on  May  15  a  submission  with  the  U.S.  National  Administrative  Office 
(NAO),  under  provisions  of  the  NAFTA  labor  side  agreement.  The  U.S.  NAO  accept- 
ed the  submission  for  review  on  July  14.  The  CJovernment  criticized  the  methodology 
of  the  Human  Rights  Watch/Americas  study,  stressing  that  only  50  workers  in  43 
plants  (8  of  whicn  had  been  closed)  were  interviewed  when  more  than  500,000 
women  work  in  more  than  3,000  maquiladoras.  Since  publication  of  the  report,  some 
firms  have  discontinued  the  practice  of  preemployment  pregnancy  testing  and  others 
have  initiated  a  review  of  procedures  related  to  physical  examinations  for  current 
and  prospective  employees. 

In  order  to  protect  women's  labor  rights,  the  Ministry  of  Labor  made  23,138  safety 
and  hygiene  inspections  in  private  factories  and  puolic  institutions  during  1996. 
However,  while  the  Government  increased  the  number  of  federal  inspectors  during 
the  year  and  negotiated  agreements  with  an  increasing  number  of  state  govern- 
ments to  expand  and  better  coordinate  labor  inspections,  the  number  of  maquila 
plants  far  outstrips  what  state  and  federal  inspectors  can  handle. 

In  1995  the  CNDH  found  that  the  largest  number  of  complaints  against  health 
care  institutions  involved  negligence  or  abuse  during  childbirth  by  medical  person- 
nel and  charges  of  forced  sterilization.  It  said  that  the  number  of  such  complaints 
had  grown,  in  large  part  due  to  women's  increased  awareness  of  their  rights.  The 
Constitution  states  that  all  persons  have  the  right  to  make  free,  responsible,  and 
informed  decisions  on  the  number  of  children  they  choose  to  have.  The  1984  General 
Health  Law  provides  for  criminal  action  against  those  who  pressure  a  woman  to  un- 
dergo sterilization  procedures  or  perform  such  procedures  without  the  woman's  con- 
sent. In  a  number  of  cases,  charges  have  been  brought  against  doctors  for  sterilizing 
a  woman  or  inserting  an  lUD  without  her  consent.  The  scope  of  this  problem  is  dif- 
ficult to  quantify,  altiiough  a  number  of  NGO's  and  government  agencies  follow  the 
issue,  because  women  may  not  realize  that  these  procedures  have  been  performed 
on  them  or  may  be  reluctant  to  come  forward  and  file  a  complaint.  The  CNDH  has 
recommended  that  medical  administrators  train  their  staffs  to  be  more  aware  when 
dealing  with  such  patients.  The  Government  has  instituted  a  number  of  mecha- 
nisms, including  better  training  and  medical  review  boards,  to  address  the  problem. 

In  February  the  Government  initiated  an  antipoverty  program  called  PASE  in  five 
of  nine  targeted  microregions,  designed  to  try  to  break  the  cycle  of  poverty  by  tying 
together  health,  education,  and  nutrition  benefits,  with  special  empnasis  on  women 
and  girls.  In  August  the  Government  renamed  the  program  Progresa  and  planned 
to  have  it  active  in  all  9  microregions  in  13  states,  in  order  to  reach  as  many  as 
500,0(X)  of  the  country's  poorest  families  by  the  end  of  the  year. 

The  Government  created  the  National  Women's  Program  to  address  the  needs  of 
women  and  children.  According  to  its  1997  report,  3,876  women  received  literacy 
training;  3,540  maternity  clinics  are  now  open  in  17  states  serving  extremely  poor 
areas;  and  13,227  family  planning  classes  were  given. 


585 

Children. — Children  under  the  age  of  18  make  up  over  40  percent  of  the  popu- 
lation. While  the  Government  is  committed  to  children's  health  and  education,  it 
has  failed  to  allocate  sufficient  resources  to  fulfill  that  commitment.  Nine  years  of 
education  are  compulsory.  The  United  Nations  Children's  Fund  (UNICEF)  classifies 
Mexico  as  "lacking  adequate  strategies"  to  combat  malnutrition  among  children,  and 
reports  that  30,000  children  die  each  year  of  causes  related  to  malnutrition.  Accord- 
ing to  UNICEF,  the  department  of  the  Federal  District,  and  the  National  System 
for  the  Integral  Development  of  the  Family,  in  1995,  more  than  13,000  children 
lived  on  the  streets  of  Mexico  City,  many  the  victims  of  family  violence.  This  was 
a  20  percent  increase  from  1992.  The  children  themselves  often  become  involved 
with  alcohol,  drugs,  prostitution,  and  petty  thievery. 

While  the  Government  and  NGO's  conduct  a  number  of  programs  for  street  chil- 
dren, corrupt  police  exacerbate  the  problem  by  pressuring  children  to  commit  petty 
crimes  and  extorting  profits  from  them.  The  CNDH  has  a  program  for  the  protection 
of  children's  rights,  wnich  includes  educating  children  on  their  rights  and  reviewing 
legislation  to  ensure  compliance  with  relevant  international  conventions. 

As  an  adjunct  to  the  July  6  elections,  IFE  and  UNICEF  organized  in  the  first  chil- 
dren's elections  ever  held  in  the  country.  A  total  of  3.7  million  children  between  the 
ages  of  6  and  12  participate.  Children  voted  on  which  of  the  nine  basic  rights  en- 
sured by  the  U.N.  Convention  on  the  Rights  of  the  Child  they  deem  a  priority. 

While  there  is  no  societal  pattern  of  abuse  against  children,  children's  advocates 
reported  many  individual  cases. 

People  With  Disabilities. — The  law  requires  access  for  disabled  persons  to  public 
facilities  in  Mexico  City  but  not  elsewhere  in  the  country.  In  practice,  however,  most 
public  buildings  and  facilities  do  not  comply  with  the  law.  Recognizing  that  disabled 
persons  oft«n  sufler  employment  discrimination,  the  Federal  District  instituted  a 
tax  rebate  program  in  1996  for  businesses  employing  disabled  persons.  For  the  first 
time,  in  1996  the  public  education  sub-secretariat  for  the  Federal  District  mandated 
that  all  public  and  private  schools  grant  access  to  physically  (although  not  mentally) 
disabled  children  and  that  schools  make  the  necessary  arrangements  (e.g.,  installa- 
tion of  ramps)  to  facilitate  access. 

In  late  1996,  the  CNDH  published  a  pamphlet  called  "principal  rights  of  people 
with  disabilities"  and  a  Braille  edition  of  a  handbook  called  '  first  aid  in  human 
rights,"  which  was  distributed  to  organizations  that  work  with  the  blind. 

Since  1995,  the  CNDH  has  made  11  visits  to  five  institutions  that  care  for  dis- 
abled people  and  has  issued  two  recommendations.  The  CNDH  has  also  visited  men- 
tally ill  prisoners  in  92  penitentiaries  located  in  17  states  and  has  issued  13  rec- 
ommendations in  response  to  their  findings. 

Indigenous  People. — The  indigenous  population  has  long  been  the  victim  of  dis- 
criminatory treatment.  The  1994  Chiapas  uprising  focused  unprecedented  attention 
on  the  demands  of  that  state's  indigenous  persons  for  increased  economic  and  social 
rights.  Among  its  basic  demands,  the  EZLN  called  on  the  Government  to  enact 
measures  to  protect  indigenous  cultures,  provide  more  opportunity  for  employment, 
and  invest  in  schools,  clinics,  and  infrastructure  projects.  The  Government,  through 
the  INI  and  the  CNDH,  operates  programs  to  educate  indigenous  groups  (many 
members  of  which  do  not  speak  Spanish)  about  their  political  and  human  rights, 
and  it  generally  professes  respect  for  their  desire  to  retain  elements  of  their  tradi- 
tional culture.  The  CNDH  organized  training  courses  on  human  rights  for  indige- 
nous communities  in  Chiapas,  Hidalgo,  Mexico,  Michoacan,  Oaxaca,  Chiapas  and 
Nayarit.  The  courses  were  taught  in  the  communities'  indigenous  languages. 

More  than  130  NGO's  are  dedicated  to  the  promotion  and  protection  of  indigenous 
rights.  Indigenous  people  do  not  live  on  independently  governed  reservations,  al- 
though some  indigenous  communities  exercise  considerable  local  control  over  eco- 
nomic and  social  issues.  These  communities  apply  traditional  law  to  resolve  a  vari- 
ety of  disputes,  including  allegations  of  crimes.  However,  these  groups  remain  large- 
ly outside  the  country's  political  and  economic  mainstream,  a  result  of  long-standing 
patterns  of  economic  and  social  development,  and  in  many  cases  their  ability  to  par- 
ticipate in  decisions  affecting  their  lands,  cultural  traditions,  and  allocation  of  natu- 
ral resources  is  negligible. 

Constitutional  changes  in  1996  expanded  the  rights  of  indigenous  peoples  to  elect 
representatives  to  national  office  according  to  traditional  usages  and  customs," 
rather  than  standard  electoral  law. 

The  1992  reforms  in  agrarian  law  were  expected  to  promote  economic  develop- 
ment in  the  countryside,  but  indigenous  groups  generally  perceived  the  reforms  as 
intended  to  break  up  indigenous  communal  landholdings  and  prevent  the  groups 
from  obtaining  title  to  new  lands.  A  1991  amendment  to  the  federal  law  requires 
that  an  interpreter  be  present  at  every  stage  of  criminal  proceedings  against  indige- 
nous persons  and  stipulates  that  "their  customs  and  traditions  shall  be  taken  into 


586 

account."  However,  the  courts  continue  to  sentence  indigenous  people  without  the 
benefit  of  interpreters.  The  CNDH  had  reviewed  the  cases  of  7,823  jailed  indigenous 

Sersons  and  sought  the  release  of  1,887.  Of  those,  1,069  have  been  released  since 
une  1994,  largelv  through  CNDH  efforts. 

The  Greneral  Elducation  Act  states  that  "teaching  shall  be  promoted  in  the  na- 
tional language  (i.e.,  Spanish)  without  prejudice  to  the  protection  and  promotion  of 
indigenous  languages.  However,  many  indigenous  persons  speak  only  their  native 
languages.  Non-Spanish  speakers  are  frecjuently  taken  advantage  of  in  commercial 
transactions  involving  bibngual  middlemen,  and  have  great  dimculty  finding  em- 
ployment in  Spanish-speaking  areas.  Over  50  indigenous  languages  are  spoken. 

Although  the  law  provides  some  protection  for  the  indigenous,  and  the  Govern- 
ment provides  indigenous  communities  support  through  social  and  economic  assist- 
ance programs,  legal  provisions  and  social  welfare  programs  are  not  sufficient  to 
meet  the  needs  of  all  indigenous  persons. 

Religious  Minorities. — In  the  highlands  of  Chiapas  and  other  indigenous  areas, 
traditional  leaders  sometimes  acquiesced  in,  or  actually  ordered,  the  expulsions  of 
Protestants  belonging  primarily  to  evangelical  groups.  In  many  cases  the  expulsions 
involved  the  burning  of"  homes  and  crops,  beatings,  and,  occasionally,  killings. 

FVogovemment  supporters  have  accused  the  Catholic  Church  in  the  Chiapas  dio- 
cese of  supporting  the  EZLN.  On  November  4,  a  pickup  truck  carrying  supporters 
of  bishop  Samuel  Kuiz  on  a  pastoral  visit  in  northern  Chiapas  came  under  fire  from 
unknown  persons.  Three  people  were  wounded  but  no  one  was  killed.  The  local  au- 
thorities commenced  an  investigation,  which  remained  open  at  year's  end.  On  No- 
vember 6,  the  bishop's  sister  received  an  acquaintance  at  the  church  office  in  San 
Cristobal  de  Las  Casas.  This  acquaintance  attacked  her  with  a  hammer.  The  assail- 
ant was  immediately  arrested  and  subsequently  diagnosed  as  mentally  ill.  He  re- 
mained in  prison  pending  the  conclusion  of^ judicial  proceedings  against  him. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  the  Federal  Labor  Law  (LFT) 
provide  workers  with  the  right  to  form  and  join  trade  unions  of  their  choice.  About 
30  percent  of  the  total  work  force  is  unionized,  mostly  in  the  formal  sector,  where 
about  one-half  the  labor  force  is  employed.  This  implies  a  formal  sector  unionization 
rate  nearly  twice  that  high. 

No  prior  approval  is  needed  to  form  unions,  but  they  must  register  with  the  Fed- 
eral Labor  Secretariat  (STPS)  or  state  labor  boards  (JLCA)  to  obtain  legal  status 
in  order  to  function.  Registration  requirements  are  not  onerous.  There  are  credible 
allegations,  however,  that  the  STPS  or  JLCA  occasionally  withhold  or  delay  reg- 
istration of  unions  hostile  to  government  policies,  employers,  or  established  unions 
or  register  extortionists  or  labor  racketeers  falsely  claiming  to  represent  workers. 
To  remedy  this  latter  problem,  STPS  officials  require  evidence  that  unions  are  genu- 
ine and  representative  before  registering  them. 

Like  the  Federal  Labor  Board  (JFCA),  the  JLCA  are  tripartite.  Although  trade 
union  presence  on  the  boards  is  a  generally  positive  feature,  it  can  lead  to  unfair 
partiality  in  representation  disputes;  the  member  from  an  established  union  may 
work  to  dissuade  a  JLCA  from  recognizing  a  rival  organization.  The  matter  of  trade 
union  registration  was  the  subject  oi  follow-up  activities  in  1996  and  1997,  pursuant 
to  a  1995  agreement  reached  in  ministerial  consultations  under  the  North  American 
Agreement  on  Labor  Cooperation  (NAALC),  the  side  agreement  on  labor  to  the 
North  American  Free  Trade  Agreement  (NAFTA). 

Unions  form  federations  and  confederations  freely  without  government  approval. 
Most  unions  belong  to  such  bodies.  They  too  must  register  to  have  legal  status.  The 
lai*gest  trade  union  central  is  the  Confederation  of  Mexican  Workers  (CTM),  tradi- 
tionally a  sector  of  the  ruling  PRI,  but  affiliation  is  individual.  The  relationship  be- 
tween labor  organizations  and  political  parties  was  a  topic  of  much  discussion  before 
and  after  the  July  6  congressional  elections.  This  issue  was  to  be  discussed  within 
the  PRI  before  the  end  of  the  year,  but  such  a  debate  did  not  occur.  The  Federal 
Employee  Union  Federation  (FSTSE),  the  Revolutionary  Worker  and  Peasant  Con- 
federation (CROC),  and  most  of  the  separate  national  unions,  smaller  confed- 
erations, and  federations  in  the  Labor  Congress  (CT)  are  also  allied  with  the  PRI, 
but  a  number  of  them  also  reviewed  the  matter  of  party  affiliation.  However,  several 
are  not,  including  the  large  teachers'  union,  which  severed  its  PRI  ties  several  years 
ago,  freeing  its  minority  factions  to  cooperate  openly  with  other  parties,  particularly 
the  PRD.  Rivalries  within  and  between  PRI-allied  centrals  are  strong.  There  also 
are  a  few  small  labor  federations  and  independent  unions  outside  the  CT  that  are 
not  allied  to  the  PRI.  One  is  the  small,  left-of-center  Authentic  Labor  Federation 
(FAT).  Most  FAT  members  sympathize  with  the  PRD,  but  the  FAT  is  independent 
and  not  formally  tied  to  the  PRD.  In  November  160  labor  organizations  representing 


587 

workers  in  the  private  and  public  sectors,  led  by  the  telephone  workers  and  social 
security  workers  unions,  formed  a  labor  central  (National  Union  of  Workers — UNT) 
in  competition  with  the  officially  recognized  CT. 

PRI-affiliated  union  officers  traditionally  have  helped  select,  run  as,  and  campaign 
for,  PRI  candidates  in  federal  and  state  elections  and  support  PRI  government  poli- 
cies at  crucial  moments.  This  gave  unions  considerable  influence  on  government 
policies  but  limited  their  freedom  of  action  to  defend  member  interests  in  other 
ways,  particularly  when  this  might  harm  the  Government  or  PRI.  The  CT,  espe- 
cially the  CTM,  is  well  represented  in  the  PRI  senatorial  and  congressional  delega- 
tions, although  their  numbers  diminished  somewhat  after  the  July  6  elections. 

The  International  I^abor  Organization  (ILO)  Conference  Committee  of  Experts 
(COE)  has  found  that  certain  restrictions  in  federal  employee  labor  law,  adopted  at 
FSTSE  request,  violate  ILO  Convention  87  on  freedom  of  association,  which  Mexico 
has  ratified.  These  provisions  allow  only  one  union  per  jurisdiction,  forbid  union 
members  to  quit  the  union,  and  prohibit  reelection  of  union  officials.  Again  in  1997, 
the  COE  and  the  ILO  Committee  on  Application  of  Standards  (CAS)  reiterated  their 
criticism  and  asked  the  Government  to  amend  these  provisions.  A  1996  Supreme 
Court  decision  invalidated  similar  restrictions  in  the  laws  of  two  states,  but  the  de- 
cision applied  only  in  the  specific  instances  challenged. 

There  were  developments  regarding  union  representation  in  the  new  environment, 
natural  resources,  and  fisheries  secretariat,  an  issue  raised  again  in  the  CAS  debate 
and  in  a  submission  under  the  NAALC  (a  public  hearing  was  held  on  December  3, 
1996,  bilateral  consultations  are  underway  on  certain  issues  raised,  and  a  related 
trilateral  seminar  was  held  on  December  4,  1997,  to  discuss  international  legal 
questions  raised  as  a  result  of  the  submission).  This  secretariat,  formed  late  in  1994, 
merged  the  small  former  fisheries  secretariat  with  much  larger  sections  from  the 
agricultural  and  social  development  secretariats.  In  early  1995,  the  fisheries  sec- 
retariat union  applied  to  the  Federal  Employee  Labor  Tribunal  (TFCA)  to  change 
its  name  to  union  of  the  new  secretariat.  The  TFCA  denied  the  request.  The  TFCA 
is  bipartite,  with  FSTSE  as  well  as  government  members.  Following  the  TFCA  deci- 
sion, the  FSTSE,  applying  its  statutes,  convoked  a  convention,  with  delegates  elect- 
ed by  secret  ballot,  to  form  a  new  union  and  elect  its  officers.  The  TFCA  recognized 
the  new  union  and  withdrew  recognition  from  the  old.  The  new  union  thus  benefited 
from  the  contractual  relationship  giving  union  delegates  time  off  with  pay  for  union 
work.  TTie  dissolved  union  appealed  to  a  court,  wnich  upheld  the  appeal  and  re- 
turned the  matter  to  the  TFCa.  The  TFCa  restored  the  fisheries  union  s  registration 
and  revoked  that  of  the  new  union  (again  upholding  the  legal  provision  allowing 
registration  of  only  one  union  per  entity,  violating  IL(J  Convention  87).  The  unregis- 
tered union  continued  benefiting  from  time  ofT  and  dues.  The  TFCA  held  a  represen- 
tation election  ("recount" — see  Section  6.b.)  for  employees  to  choose  by  secret  ballot 
between  the  two  unions.  The  fisheries  secretariat  union  lost  by  a  wide  margin  but 
challenged  the  validity  of  the  election,  charging  irregularities,  however,  the  TFCA 
confirmed  the  election  results.  Subsequent  court  rulings  in  1997  recognized  the  fish- 
eries secretariat  union's  right  to  function  as  a  union  in  the  new  secretariat  but  con- 
firmed collective  bargaining  rights  for  the  union  that  had  won  the  election. 

In  April  1996,  the  Federal  District  municipal  government  reached  agreement  with 
the  jailed  leaders  of  the  Sutaur-100  union  of  the  bankrupt  former  public  municipal 
bus  company  Ruta-100.  The  (Jovernment  agreed  to  concede  and  allow  the  union  to 
operate  two  of  the  new  private  bus  companies  to  replace  Ruta-100.  The  Government 
also  agreed  to  appeal  to  the  courts  to  release  the  leaders  from  jail  while  Sutaur 
reached  a  settlement  with  the  former  members  who  had  sued  it  to  recover  money 
from  the  union  pension  and  other  funds.  The  union  leaders  were  released  on  bail 
in  July  1996,  and  the  first  of  the  two  union  enterprises  began  operating  at  the  end 
of  the  following  month.  In  August  the  secretary  general  and  legal  advisor  of  Sutaur 
presented  a  complaint  to  the  Attorney  General  alleging  that  federal  police  had 
blocked  access  to  buses  belonging  to  the  Siglo  Nuevo  bus  company  (one  of  the  two 
private  companies  that  replaced  Ruta-100),  resulting  in  lost  revenue  amounting  to 
about  $15,(X)0  (120,0(X)  new  pesos).  Despite  the  resolution  of  this  issue,  the  compa- 
nies continued  to  experience  financial  dimculties. 

The  Constitution  and  the  LFT  provide  for  the  right  to  strike.  The  law  requires 
6  to  10  days'  advance  strike  notice,  followed  by  brief  government  mediation.  If  fed- 
eral or  state  authorities  rule  a  strike  "nonexistent"  or  "illicit,"  employees  must  re- 
main at  work,  return  to  work  within  24  hours,  or  face  dismissal.  If  they  rule  the 
strike  legal,  the  company  or  unit  must  shut  down  totally,  management  orficials  may 
not  enter  the  premises  until  the  strike  is  over,  and  the  company  may  not  hire  strik- 
er replacements.  Provisions  for  maintaining  essential  services  are  not  onerous.  The 
law  makes  filing  a  strike  notice  an  effective,  commonly  used  threat,  but  few  strikes 
actually  occur,  usually  to  protect  a  failing  company's  assets  from  creditors  and 


588 

courts  until  an  agreement  is  reached  on  severance  pay.  On  the  other  hand,  informal 
stoppages  are  a  fairly  common  tactic,  but  are  uncounted  in  statistics  and  seldom 
last  long  enough  to  be  recognized  or  ruled  out  of  order.  The  law  permits  public  sec- 
tor striSes,  but  formal  public  sector  strikes  are  rare.  Informal  ones  are  more  fre- 
quent. Informal  stoppages  by  dissident  factions  of  the  national  teachers'  union  shut 
down  many  schools  in  several  states  and  the  Federal  District  in  late  May  and  June, 
and  demonstrations  disrupted  traffic  in  the  capital  (but  not  to  the  extent  that  they 
had  in  1996),  until  settlements  were  reached  tnat  included  pay  for  strike  days  and 
unpaid  overtime  to  make  up  lost  work  and  complete  the  school  year. 

During  the  first  11  months  of  1997,  the  JFCA  reported  that  6,200  strike  notices 
were  filed  and  38  legal  strikes  occurred  in  federal  jurisdiction,  1,490  notices  and  13 
strikes  fewer  than  occurred  in  the  same  period  in  1996.  There  were  no  reports  that 
federal  or  state  labor  authorities  stretched  legal  requirements  to  rule  strikes  non- 
existent or  illicit,  or  used  delays  to  prevent  damaging  strikes  and  force  settlements. 

The  Constitution  and  the  LFT  protect  labor  organizations  from  government  inter- 
ference in  their  internal  affairs,  including  strike  decisions.  This  can  protect  undemo- 
cratic or  corrupt  union  leaders.  The  law  permits  closed  shop  and  exclusion  clauses, 
allowing  union  leaders  to  vet  and  veto  new  hires  and  force  dismissal  of  anyone  the 
union  expels.  Such  clauses  are  common  in  collective  bargaining  agreements. 

Employer  organizations  abandoned  efforts  to  push  for  labor  law  reform.  In  effect, 
government,  employers,  and  unions  had  negotiated  reforms  through  tripartite  na- 
tional agreements  and  collective  bargaining  at  the  enterprise  level,  and  through  co- 
operation in  programs  to  increase,  and  compensate  for,  productivity.  With  govern- 
ment blessing,  alter  nearly  a  year  of  negotiation,  national  labor  and  employer  orga- 
nizations agreed  in  August  1996  on  a  joint  effort  to  build  a  new  labor  culture  of  mu- 
tual respect  and  cooperation  to  boost  productivity,  wages,  and  competitiveness.  The 
three  parties  met  regularly  throughout  1997  to  discuss  ways  and  means  for  carrying 
out  the  objectives  of  the  agreement. 

Unions  are  free  to  affiliate  with,  and  are  often  active  in,  trade  union  internation- 
als. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  and  the 
LFT  strongly  uphold  the  right  to  organize  and  bargain  collectively.  Interest  by  a  few 
employees,  or  a  union  strike  notice,  compels  an  employer  to  recognize  a  union  and 
negotiate,  or  ask  the  federal  or  state  labor  board  to  hold  a  union  recognition  elec- 
tion. LFT  prounion  provisions  led  some  employers  to  seek  out  or  create  independent 
"white"  or  company  unions  as  an  alternative  to  mainstream  national  or  local  unions. 
Representation  elections  are  traditionally  open,  not  secret,  although  this  seems  to 
be  changing.  Traditionally,  management  and  union  officials  are  present  with  the 

g residing  labor  board  official  when  workers  openly  declare  their  votes,  one  by  one. 
uch  open  recounts  are  prevailing  practice  but  are  not  required  by  law  or  regula- 
tion. Secret  ballots  are  held  when  all  parties  agree. 

As  the  economic  crisis  deepened  in  1995,  the  Government,  at  union  insistence, 
agreed  to  end  the  system  of  annual  national  pacts  negotiated  by  the  Government 
and  major  trade  union,  employer,  and  rural  organizations,  which  had  voluntarily 
limited  free  collective  bargaining  for  the  past  decade.  Wage  restraints  no  longer 
exist,  except  for  those  caused  by  the  economic  recession  and  difficult  situation  of 
most  employers.  The  Government  and  major  employer  and  union  organizations  met 
occasionally  to  reaffirm  the  1996  "Alliance  for  Economic  Growth"  and  agreed  on  new 
tax  breaks  or  minimum  wage  increases,  but  the  Government  kept  its  commitment 
to  free  collective  bargaining  without  guidelines  or  government  interference.  Wages 
in  most  union  contracts  appeared  to  keep  pace  with  or  ahead  of  inflation,  but  most 
workers  had  not  yet  regained  buying  power  lost  over  the  past  decade.  The  alliance, 
however,  was  not  renewed  in  October,  as  the  negotiation  shifted  to  the  national 
Congress,  becoming  part  of  the  debate  on  the  budget.  In  that  context,  the  opoosition 
PAN  introduced  a  proposal  in  the  Chamber  of  Deputies  that  would  modify  tne  LFT 
to  make  changes  in  the  composition  and  role  of  the  National  Minimum  Wage  Com- 
mission. 

Mexico's  record  in  internal  union  democracy  and  transparency  is  mixed.  Some 
unions  are  democratic,  but  corruption  or  authoritarian  and  strong-arm  tactics  are 
common  in  others.  A  protest  of  such  practices,  which  was  initiated  in  1996,  involved 
factory  committee  leaders  trying  to  improve  conditions  at  a  U.S. -owned  maquila  fac- 
tor in  Sonora.  The  committee  leaders  were  fired  with  the  complicity  of  an  allegedly- 
Clftl  "leader"  who  had  a  protection  contract.  The  telephone  union,  representing  the 
fired  former  factory  committee  leaders,  the  Federation  of  Goods  and  Services,  and 
the  Communications  Workers  of  America  filed  a  submission  for  review  by  the  U.S. 
National  Administrative  Office,  under  provisions  of  the  NAALC.  The  submission 
was  accepted  by  the  U.S.  NAO  for  review  in  late  fall  of  1996  and  a  public  hearing 
was  set  lor  April.  The  hearing  did  not  take  place  because  an  interim  agreement  was 


589 

reached  between  the  Government  and  the  complainants.  Hearings  before  a  state 
labor  board  were  to  take  place  in  Hermosillo,  Sonora  in  August,  but  were  postponed. 
There  were  indications  that  the  complainants  midit  seek  to  reojien  the  case. 

A  similar  case  developed  in  Tyuana,  Baia  Caluomia,  resulting  in  a  disputed  elec- 
tion on  October  6  for  the  right  to  the  collective  bargaining  contract  for  woricers  at 
a  Korean-owned  maquiladora.  The  contest,  between  a  CROC-affiliated  union  and 
one  associated  with  the  FAT,  resulted  in  a  submission  to  the  U.S.  NAO,  which  was 
accepted  for  review  on  November  17.  Subsequently,  talks  between  the  company  and 
the  workers,  mediated  by  a  state  government  official,  stalled  in  mid-December  over 
a  union's  insistence  and  the  state  government's  refusal  to  sign  as  guarantor  of  the 
agreement  to  recognize  an  independent  union  to  represent  workers  at  the  plant.  The 
U.S.  NAO  scheduled  public  hearings  for  February  18,  1998. 

On  December  16,  9  unions  and  24  human  rights  NGO's  jointly  filed  a  submission 
with  the  U.S.  NAO  in  another  case  involving  the  freedom  of  association  linked  to 
the  right  to  organize  unions.  This  case  concerned  allegations  of  strong  arm  tactics 
by  a  union  afmiated  with  the  CTM  to  intimidate  workers  so  that  they  would  not 
vote  in  favor  of  a  rival  union  to  represent  workers  at  a  plant  in  La  Paz,  state  of 
Mexico,  which  manufactures  brake  systems  for  motor  vehicles. 

The  public  sector  is  almost  totally  organized.  Industrial  areas  are  heavily  orga- 
nized. Even  states  with  little  industry  have  transport  and  public  employee  unions, 
and  rural  peasant  organizations  are  omnipresent.  The  law  protects  workers  from 
anti-union  discrimination,  but  enforcement  is  uneven  in  the  few  states  with  low 
unionization. 

Unionization  and  wage  levels  in  the  in-bond  expert  sector  vary  by  area.  Wages 
have  been  lower  in  this  sector  than  in  most  of  industry,  especially  in  low  technology 
facilities  and  in  the  west,  but  the  gap  has  narrowed  and  may  now  be  minimal.  Some 
observers  allege  poor  working  conditions,  inadequate  wages,  and  employer  and  gov- 
ernment efforts  U)  discourage  unionization  in  this  sector.  There  is  no  evidence  tnat 
the  federal  Government  opposes  unionization  of  the  plants,  which  tend  to  be  under 
state  jurisdiction,  but  some  state  and  local  governments  in  the  west  are  said  to  help 
some  employers  discourage  unions. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
labor,  which  includes  forced  and  bonded  labor  by  children.  There  have  been  no  credi- 
ble reports  of  forced  labor  for  many  years,  with  the  exception  of  abuses  of  refugees 
and  illegal  immigrants  in  Chiapas  (see  Section  2.d.). 

d.  Status  of  Cnild  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
bans  child  labor,  including  forced  or  bonded  labor  (see  Section  6.c.).  The  law  sets 
the  minimum  legal  work  age  at  14  years.  The  activities  of  those  14  and  15  years 
of  age  are  so  restricted  as  to  be  uneconomic  (no  night  or  hazardous  work  and  limited 
hours).  The  ILO  reported  that  18  percent  of  children  12  to  14  years  of  age  work, 
often  for  parents  or  relatives.  Enforcement  is  reasonably  good  at  large  and  medium- 
sized  companies,  especially  in  export  industries  and  those  under  federal  jurisdiction. 
Enforcement  is  inadequate  at  the  many  small  companies  and  in  agriculture.  It  is 
nearly  absent  in  the  informal  sector,  despite  government  efforts.  Most  child  labor 
is  in  the  informal  sector  (including  myriad  underage  street  vendors),  in  family- 
owned  workshops,  or  in  agriculture  and  rural  areas.  The  CTM  agricultural  union's 
success  years  earlier  in  obtaining  free  transport  for  migrant  seasonal  workers  from 
southern  states  to  fields  in  the  north  inadvertently  led  to  a  significant  increase  in 
child  labor.  The  union  and  employers  were  unable  to  convince  indigenous  farm 
workers  to  leave  their  families  at  home,  and  many  have  settled  near  worksites  in 
the  north.  The  union  has  had  some  limited  success  in  negotiating  with  employers 
to  finance  bilingual  education  near  worksites  and  in  obtaining  social  security  child 
care  centers,  but  it  has  had  difficulty  in  persuading  member  families  not  to  bring 
their  children  into  the  fields. 

The  Federal  Government  increased  the  number  of  obligatory  school  years  from  6 
to  9  in  1992  and  made  parents  legally  liable  for  their  children's  attendance,  as  part 
of  a  reform  to  upgrade  labor  force  skills  and  long-term  efforts  to  continue  increasing 
educational  opportunities  for  and  participation  by  youth. 

e.  Acceptable  Conditions  of  Work. — The  Constitution  and  the  LFT  provide  for  a 
daily  minimum  wage.  The  tripartite  National  Minimum  Wage  Commission  (govern- 
ment, labor,  and  employers)  usually  sets  minimum  wage  rates  each  December,  effec- 
tive January  1,  for  the  whole  year,  but  any  of  the  three  parties  can  ask  that  the 
board  reconvene  during  the  year  to  consider  a  changed  situation.  In  December  1996, 
the  Wage  Commission  adopted  a  17  percent  increase,  based  in  part  on  the  Govern- 
ment's projection  of  a  15  percent  annual  inflation  rate  for  1997.  Organized  labor's 
unhappiness  with  the  17-  percent  increase  (some  labor  organizations  had  demanded 
an  increase  of  at  least  25  percent)  produced  some  suggestions  that  the  official  in- 
cretise  be  challenged  in  court  because  it  did  not  meet  the  constitutional  requirement 


590 

to  be  adequate  to  cover  basic  costs  of  living,  including  recreation.  Labor  leaders  sev- 
eral times  publicly  called  for  an  emergency  increase  in  the  minimum  wage  before 
the  end  of  the  year,  but  the  Government  and  employers  would  not  agree  to  such 
increases.  However,  during  the  course  of  the  year,  wage  and  benefit  adjustments  to 
collective  bargaining  contracts  averaged  between  20  and  23  percent. 

In  Mexico  City  and  nearby  industrial  areas,  Acapulco,  southeast  Veracruz  state's 
refining  and  petrochemical  zone,  and  most  border  areas,  the  minimum  daily  wage 
was  $3.39  (26.44  new  pesos).  However,  employers  actually  paid  minimum  wage 
earners  $3.86  (30.14  new  pesos)  due  to  a  supplemental  14  percent  fiscal  subsidy 
(negative  income  tax  or  tax  credit,  which  the  Government  refunds  to  employers). 
These  income  supplements  to  the  minimum  wage,  agreed  in  annual  tripartite  pacts, 
are  for  all  incomes  less  than  four  times  the  minimum  wage,  decreasing  as  wages 
and  benefits  rise.  In  Guadalajara,  Monterrey,  and  other  advanced  industrialized 
areas,  the  minimum  daily  wage  (before  the  fiscal  subsidy)  was  $3.14  (24.51  new 
pesos).  In  other  areas,  it  was  $2.87  (22.48  new  pesos).  There  are  higher  minimums 
for  some  occupations,  such  as  building  trades. 

Few  workers  (only  14  to  18  percent  of  the  workers  covered  by  social  security)  earn 
only  the  minimum  wage.  Industrial  workers  average  three  to  four  times  the  mini- 
mum wage,  earning  more  at  bigger,  more  advanced  and  prosperous  enterprises. 

The  law  and  contract  arrangements  provide  workers  with  extensive  additional 
benefits.  Legally  required  benefits  include  free  social  security  medical  treatment  and 
pensions,  individual  worker  housing  and  retirement  accounts,  substantial  Christmas 
bonuses,  paid  vacations,  and  profit-sharing.  Employer  costs  for  these  benefits  add 
from  about  27  percent  of  payroll  at  marginal  enterprises  to  over  100  percent  at 
major  fiarns  with  good  union  contracts.  In  addition,  employers  frequently  subsidize 
the  cost  of  meals,  transportation,  and  day  care  for  children,  and  pay  bonuses  for 
punctuality  and  productivity. 

The  LFT  sets  48  hours  as  the  legal  workweek,  although  with  pay  for  56  hours. 
Workers  asked  to  exceed  3  hours  of  overtime  per  day  or  required  to  work  overtime 
on  3  consecutive  days  must  be  paid  triple  the  normal  wage.  For  most  industrial 
workers,  especially  under  union  contract,  the  true  workweek  is  42  hours,  although 
they  are  paid  for  7  full  8-hour  days.  This  is  why  unions  jealously  defend  the  legal 
ban  on  hourly  wages. 

The  law  requires  employers  to  observe  occupational  safety  and  health  regulations 
issued  jointly  by  STPS  and  the  Social  Security  Institute  (IMSS),  and  to  pay  con- 
tributions that  vary  according  to  their  workplace  safety  and  health  experience  rat- 
ings. LFT-mandated  joint  management  and  labor  committees  set  standards  and  are 
responsible  for  workplace  enforcement  in  plants  and  offices.  These  meet  at  least 
monthly  to  consider  workplace  needs  and  file  copies  of  their  minutes  with  federal 
labor  Inspectors,  who  assumed  jurisdiction  for  all  such  inspections  in  1987,  sup- 
planting state  inspectors  and  considerably  strengthening  inspection.  The  inspectors 
schedule  visits  largely  in  response  to  these  workplace  committees. 

Individual  employees  or  unions  may  also  complain  directly  to  inspectors  or  safety 
and  health  officials.  Workers  may  remove  themselves  from  hazardous  situations 
without  jeopardizing  their  employment.  Plaintiffs  may  bring  complaints  before  the 
federal  labor  board  at  no  cost  to  themselves.  The  Federal  Government  established 
11  special  labor  arbitration  and  conciliation  boards  (in  Queretaro,  Pachuca,  Ciudad 
del  Carmen,  Zacatecas,  Orizaba,  Ciudad  Juarez,  Cancun,  Colima,  La  Paz,  Reynosa, 
and  Tijuana)  to  make  it  more  convenient  for  workers  to  file  complaints  and  bring 
other  actions  before  the  labor  court  system. 

STPS  and  IMSS  officials  report  that  compliance  is  reasonably  good  at  most  large 
companies.  Federal  inspectors  are  stretched  too  thin  for  effective  enforcement  if 
companies  do  not  comply  voluntarily  and  fulfill  their  legal  obligation  to  train  work- 
ers in  occupational  health  and  safety  matters,  although  the  number  of  inspectors 
was  increased  in  1995  and  1997.  There  are  special  problems  in  construction,  where 
unskilled,  untrained,  poorly  educated,  transient  labor  is  common,  especially  at  many 
small  sites  and  companies.  Many  unions,  particularly  in  construction,  are  not  orga- 
nized effectively  to  provide  training,  to  encourage  members  to  work  safely  and 
healthily,  to  participate  in  the  joint  committees,  or  to  insist  on  their  rights. 

The  STSP  completed  work  in  1996  on  a  comprehensive  reform  of  regulations  and 
procedures  (resulting  from  extensive  consultations  through  NAFTA  cooperative 
mechanisms)  concerning  workplace  health  and  safety.  The  reformed  federal  regula- 
tions on  safety,  hygiene,  and  environment  in  the  workplace  went  into  effect  in  April. 
The  reformed  regulations  reduced  to  168  articles  in  a  single  set  of  regulations  what 
previously  had  been  1,353  articles  in  as  many  as  six  separate  sets  of  regulations, 
some  dating  from  as  far  back  as  1934. 


591 
NICARAGUA 

Nicaragua  is  a  constitutional  democracy,  with  a  directly  elected  president,  vice 

f (resident,  and  unicameral  legislature.  President  Amoldo  Aleman  was  elected  in  a 
ree  and  fair  election  in  1996,  defeating  his  closest  competitor,  Daniel  Ortega  of  the 
Sandinista  National  Liberation  Front  (FSLN).  Aleman  took  office  on  January  10. 
The  Supreme  Electoral  Council  is  an  independent  fourth  branch  of  government.  The 
judiciary  is  independent  but  continues  to  be  susceptible  to  political  influence. 

The  President  is  the  supreme  chief  of  national  defense  and  security  forces.  Presi- 
dent Aleman  named  a  civilian  to  be  Defense  Minister  to  head  a  first-ever  civilian 
Defense  Ministry.  The  Ministry  of  Grovemment  oversees  the  National  Police,  which 
is  formally  charged  with  internal  security.  However,  the  police  share  this  respon- 
sibility with  the  army  in  rural  areas.  Reflecting  enhanced  civilian  control,  the  secu- 
rity forces'  conduct  improved,  although  some  members  continued  to  commit  human 
rimts  abuses. 

Nicaragua  is  an  extremely  poor  country,  with  an  estimated  per  capita  income  of 
$465.  The  economy  is  predominantly  agricultural,  dependent  on  sugar,  beef,  coffee, 
and  seafood  exports,  with  some  light  manufacturing.  The  economy  grew  an  esti- 
mated 5  percent  in  1997 — the  fourth  year  of  growth  after  a  decade  of  contraction. 
The  inflation  rate  was  about  8  percent.  The  unemployment  rate  was  officially  esti- 
mated at  14  percent,  with  underemployment  reaching  35  percent.  Private  invest- 
ment increased,  but  was  hindered  by  the  slow  resolution  oi  long-standing  property 
disputes  stemming  from  massive  confiscations  by  the  Sandinista  government  of  the 
1980's.  In  November  the  National  Assembly  passed  a  new  property  law  intended  to 
resolve  confiscated  property  claims.  The  country  continued  to  have  a  precarious  bal- 
ance of  payments  position  and  remained  heavily  dependent  on  foreign  assistance. 

The  Governments  human  rights  record  improved  measurably,  but  some  serious 
problems  remain.  Soldiers  were  ill-prepared  for  the  law  enforcement  duties  they  reg- 
ularly performed  in  rural  areas  and  sometimes  killed  criminal  suspects  instead  of 
detaining  them.  Police  beat  and  otherwise  abused  detainees,  often  to  obtain  confes- 
sions. There  were  few  allegations,  and  no  confirmed  cases,  of  torture  by  the  authori- 
ties. P*ri8on  and  police  holding  cell  conditions  are  poor.  Security  forces  arbitrarily 
arrested  and  detained  citizens.  The  judiciary  is  sometimes  subject  to  political  influ- 
ence and  corruption.  Large  case  backlogs,  long  delays  in  trials,  and  lengthy  pretrial 
detention  are  problems.  In  response  to  these  problems,  the  Supreme  Court  and  Na- 
tional Assembly  launched  a  series  of  comprehensive  structural  reforms  of  the  judi- 
cial system.  However,  the  weak  judiciary  continued  to  hamper  prosecution  of  human 
rights  abusers.  Discrimination  against  women  and  indigenous  people  is  a  problem. 
Violence  against  women,  including  rape  and  domestic  abuse,  remained  a  serious 
problem.  C^ild  labor  is  also  a  problem. 

The  Government,  through  its  Ministry  of  Defense,  disarmed  1,200  members  of 
loosely  associated  rural  criminal  bands  at  the  end  of  July.  Many  were  former  mem- 
bers of  the  Nicaraguan  Resistance  (RN,  or  contras).  The  Government  also  disarmed 
423  members  of  a  pro-Sandinista  group  on  December  25  and  declared  that  any  re- 
maining members  of  armed  bands  would  be  treated  as  criminals.  Nonetheless,  mur- 
der and  kidnaping  in  northern  rural  areas  were  common.  The  opposition  FSLN 
staged  a  series  of  mostly  nonviolent  road  blocks  and  strikes  in  April  and  instigated 
violent  student  protests  in  June  and  July  in  an  attempt  to  pressure  the  Aleman 
Government  into  concessions.  The  police  reacted  responsibly  in  using  appropriate 
nonlethal  means  to  confront  the  Sandinista-backed  students,  who  used  potentially 
lethal  homemade  weapons  against  the  police. 

The  Tripartite  Commission,  composed  of  the  Government,  the  Catholic  Church, 
and  OAS/CIAV  (the  GAS  International  Support  and  Verification  Commission),  for- 
mally ended  its  work  on  October  18,  1996,  after  finishing  a  4-year-long  review  of 
slayings  early  in  the  decade  of  ex-RN  members,  other  demobilized  combatants,  and 
of  impunity  eryoyed  by  their  killers.  The  Commission  sent  83  cases  involving  164 
murders,  as  well  as  181  specific  recommendations,  to  the  Government  for  followup. 
In  August  the  military  judicial  system,  which  is  charged  with  investigating  abuses 
committed  in  the  course  of  performance  of  official  duties  by  soldiers  and  police,  re- 
ported that  it  had  complied  with  all  but  1  of  the  62  recommendations  under  its  ju- 
risdiction. However,  only  one  soldier  and  five  policemen  cited  by  the  Commission 
ever  served  a  prison  sentence. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom.  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings  by  government  officials. 


592 

The  army  killed  five  members  of  a  criminal  band  as  they  slept  June  18  at  La 
Patriota.  Due  to  lack  of  local  police  presence,  residents  had  asked  the  army  to  act 
against  the  bandits,  who  had  terrorized  the  town.  The  army  justified  the  attack  say- 
ing that  the  group  was  outside  its  corresponding  "peace  enclave,"  in  which  the  mem- 
bers of  the  bandit  group  were  supposed  to  have  gathered  in  preparation  for  disarm- 
ing. Human  rights  organizations  suggested  that  the  group's  presence  outside  of  the 
enclave  may  have  been  due  to  the  Government's  failure  to  deliver  sufficient  food  to 
the  enclave.  Human  rights  groups  criticized  the  army's  action,  but  La  Patriota  resi- 
dents applauded  it.  The  army  undertook  no  investigation  of  the  killings. 

Members  of  an  army  patrol  reportedly  shot  16-year-old  Irma  Lopez  in  the  head 
at  point-blank  range  at  Wamblan  on  December  23,  1996,  after  a  firefight  between 
the  patrol  and  a  rearmed  bandit  group  led  by  her  boyfriend,  "Sanate."  Members  of 
the  Wamblan  Peace  Commission  (a  grass-roots  human  rights  organization)  claimed 
that  Lopez  may  have  been  raped  before  being  murdered.  The  Tripartite  Conunission 
had  previously  cited  the  army  patrol's  leader,  captain  Gabino  Gomez,  for  homicide 
when  he  was  still  a  lieutenant  in  1991.  Althougn  an  army  investigation  found  no 
evidence  of  wrongdoing,  a  military  court  turned  the  case  over  to  the  Jinotega  de- 
partment prosecutor's  office  for  followup  by  the  civilian  judiciary. 

The  army  attempted  to  impede  juaicial  authorities  investigations  of  the  case. 
Sixth  militaiy  district  officials  reported  a  false  location  of  Lopez's  body  to  the  pros- 
ecutor handling  the  case,  apparently  to  thwart  her  efforts  to  exhume  it.  The  defense 
counsel  representing  the  army  moved  to  recuse  the  Jinotega  department  criminal 
judge  who  had  been  handling  the  case,  citing  a  visit  by  a  foreign  diplomat  as  having 
influenced  her  objectivity."  In  a  familiar  ploy  to  hinder  the  prosecutor's  investiga- 
tion, the  army  reported  that  all  nine  members  of  Gomez's  patrol,  including  a  lieu- 
tenant, had  deserted  and  were  therefore  unavailable  to  provide  testimony.  In  spite 
of  other  advances  toward  professionalization,  the  army  demonstrated  in  this  case  a 
penchant  for  shielding  officers  and  soldiers  accused  oi  involvement  in  human  rights 
abuses. 

In  September  1996,  policeman  Juan  Isidro  Flores  shot  and  killed  peasant  Mario 
Amador  Duarte  in  Nueva  Segovia  department  while  the  latter  was  in  detention  on 
suspicion  of  having  stolen  vegetables.  Flores  claimed  that  he  was  attempting  to  dis- 
arm Duarte  when  ne  accidentally  discharged  the  round  that  killed  the  suspect.  The 
f)olice  detained  Flores  police  immediately  afterward.  Subsequently,  however,  the  po- 
ice  were  unable  to  provide  any  information  regarding  the  case,  and  the  police  in- 
spector general's  office  claimed  that  it  had  no  record  of  the  case. 

The  Nicaraguan  Pro-Human  Rights  Association  (ANPDH)  concluded  in  April  that 
the  June  2,  1996,  deaths  of  bandit  leader  Sergio  Palacios  and  his  associate  Ricardo 
Guzman  near  Waslala  were  not  due  to  a  firefight  with  an  army  patrol,  as  the  army 
claimed.  Rather,  ANPDH  and  some  other  observers  concluded  that  Palacios  was 
kiUed  when  soldiers  detonated  a  booby-trapped  radio.  It  was  revealed  in  June  that 
a  forged  letter,  purportedly  from  the  U.S.  Ambassador,  had  been  used  to  lure 
Palacios  to  his  death.  The  ANPDH's  efforts  to  reopen  the  official  investigation  of 
this  incident  were  unsuccessful. 

The  disarming  of  members  of  rural  criminal  bands  on  July  21  at  Ayapal  success- 
fully brought  to  an  end  the  Government's  efforts,  through  its  Ministry  of  Defense, 
to  (usband  members  of  the  "Northern  Front  3—80."  Approximately  1,200  men  belong- 
ing to  this  loose  umbrella  organization  of  ex-RN  members  were  disarmed  and  given 
food,  clothing,  seed  for  planting,  and  small  plots  of  land.  The  Government  also  com- 
pleted disarmament  of  423  members  of  the  pro-Sandinista  Andres  Castro  United 
Front  (FUAC)  on  December  25.  With  the  conclusion  of  the  FUAC  disarmament,  the 
Government  declared  the  disarmament  campaign  at  an  end  and  said  that  any  re- 
maining members  of  irregular  armed  groups  would  be  treated  as  common  criminals 
and  would  be  subject  to  attack  by  the  army.  In  spite  of  the  disarmament  campaign, 
armed  bands  engaged  in  murder,  robbery,  and  kidnaping  for  ransom  in  the  northern 
and  north-central  zones. 

The  civil  war  formally  concluded  in  June  1990  with  the  demobilization  of  the  Nic- 
araguan Resistance;  however,  society  continued  to  be  politically  polarized  and,  de- 
spite the  Government's  disarmament  campaigns,  heavily  armed.  In  particular,  the 
rule  of  law,  basic  infrastructure,  and  conditions  to  guarantee  personal  security  and 
economic  opportunity  did  not  extend  to  all  rural  areas.  Reflecting  these  sources  of 
instability,  the  level  of  violence,  primarily  criminal  in  nature,  has  remained  high  in 
the  traditionally  conflictive,  poverty-stricken  northern  and  north-central  zones.  Dur- 
ing 1997  there  was  an  average  of  one  murder  every  2  days  in  these  areas,  according 
to  the  press.  Although  there  were  no  confirmed  cases  of  politically  motivated  mur- 
ders of  either  demobilized  former  RN  members  or  former  members  of  the  Sandinista 
Popular  Army  (EPS),  criminally  motivated  murders  of  members  of  both  groups  were 
common. 


593 

In  response  to  coffee  producers'  concerns,  the  Government  continued  to  deploy  sol- 
diers and  police  to  guard  coffee  transport  routes  and  to  protect  farmers  from  extor- 
tion or  kionaping  miring  the  harvest  seasons.  The  deployment  effectively  reduced 
the  level  of  criminal  violence  in  the  affected  areas. 

To  address  the  issue  of  unresolved  ex-RN  deaths,  President  Chamorro  established 
the  Tripartite  Commission  in  September  1992.  The  Commission  concluded  its  review 
in  October  1996  and  turned  83  human  rights  cases  involving  164  allegedly  mur- 
dered ex-combatants,  as  well  as  181  specific  recommendations,  over  to  the  Govern- 
ment for  followup.  In  August  the  military  judicial  system,  which  is  charged  with  in- 
vestigating abuses  comnutted  in  the  course  of  performance  of  official  duties  by  sol- 
diers and  police,  reported  that  it  had  complied  with  all  but  one  of  the  62  rec- 
ommendations (from  42  cases)  corresponding  to  its  jurisdiction.  However,  only  one 
soldier  and  five  policemen  cited  by  the  Commission  ever  served  a  partial  or  whole 
sentence.  Some  human  rights  observers  described  the  military  judicial  system's  find- 
ings as  an  effort  to  maintain  impunity  of  human  rights  abusers  within  the  ranks 
of  the  army  and  police. 

In  September  the  army  promoted  Rodrigo  Gonzalez  from  lieutenant  colonel  to 
colonel.  Gonzalez,  the  former  head  of  the  sixth  military  region  that  covers  the  de- 
partments of  Matagalpa  and  Jinotega,  was  cited  by  the  Tripartite  Commission  for 
negligence  and  obstruction  of  justice  in  the  case  of  the  1991  killing  at  Wamblan  of 
former  RN  member  Heliodoro  Splinger. 

On  the  recommendation  of  a  special  commission  created  to  investigate  the  killings 
of  a  university  woricer  and  a  student  and  the  wounding  of  scores  oi  other  students 
during  the  December  1995  student  riots,  a  Managua  criminal  court  tried  16  police- 
men. In  October  1996,  the  court  exonerated  the  accused  of  all  charges.  However,  the 
National  Police  administratively  sanctioned  the  16  to  30  days'  confinement  to  bar- 
racks. 

There  were  no  new  developments  related  to  the  February  1991  killing  of  former 
RN  commander  Enrique  Bermudez. 

In  February  the  Supreme  Court  let  stand  a  1994  military  court  ruling  that  ab- 
solved then-general  Humberto  Ortega  and  his  bodyguards  in  the  death  of  16-year- 
old  Jean  Paul  Genie  (Genie  was  slain  in  1990  during  an  incident  involving  members 
of  General  Ortega's  motorcade.)  Genie's  parents  had  sought  recourse  through  the 
Supreme  Court,  arguing  that  the  military  court  had  no  jurisdiction  and  that  the 
case  should  be  remanded  to  a  civilian  court.  The  Supreme  Court  found  that  the 
Genie  appeal  lacked  a  specific,  actionable  complaint  and  that  the  military  tribunal 
had  followed  proper  procedures.  The  Genies'  appeal  had  been  pending  since  1994. 
The  Supreme  Court's  decision  followed  a  January  verdict  by  the  Inter- American 
Court  of  Human  Rights  against  the  Government  for  "unreasonable  delay  and  ob- 
struction of  justice"  in  the  (Jenie  case.  The  (Jovemment  complied  with  the  Inter- 
American  Court's  order  to  pay  the  Genie  family  $20,000  in  damages. 

In  February  the  Supreme  Court  reaffirmed  a  lower  court  finding  that  a  previous 

Solitical  amnesty  granted  to  fugitive  murderer  and  former  army  major  Frank  Ibarra 
id  not  apply  ana  reaffirmed  his  1993  sentence  in  absentia  to  20  years'  imprison- 
ment for  the  November  1992  murder  of  Dr.  Arges  Sequeira  Mangas,  president  of 
the  Association  of  Nicaraguan  Confiscated  Property  Owners.  A  warrant  for  Ibarra's 
arrest  was  issued  in  March,  but  Ibarra  was  believed  to  have  already  fled  the  coun- 
try. He  has  remained  a  fugitive  from  justice  since  Sequeira's  murder. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Use  of  torture  is  a  punishable  crime  under  the  law;  however,  there  were  a  few  alle- 
gations of  torture  by  the  authorities.  There  were  credible  reports  that  police  beat 
and  otherwise  physically  mistreated  detainees,  often  to  obtain  confessions.  Human 
rights  groups  attributed  these  abuses  in  part  to  the  prevailing  state  of  impunity. 
The  police  lack  professional  training  in  sophisticated  investigative  techniques  and 
often  resort  to  brutal  methods  to  solve  cases.  Inadequate  budget  support  for  profes- 
sional training,  salaries  and  benefits,  and  proper  equipment  and  supplies  also  ham- 
pered efforts  to  improve  police  performance. 

Police,  including  memoers  of  a  newly  created  riot  control  unit,  responded  with 
tear  gas  and  other  nonlethal  means  to  violent  Sandinista-instigated  student  protest- 
ers in  June  and  July.  The  FSLN-organized  student  protests  opposed  the  Govern- 
ment's interpretation  of  a  constitutional  provision  that  6  percent  of  the  national 
budget  be  dedicated  to  the  universities.  Many  of  the  students  employed  potentially 
lethal  homemade  firearms.  Although  clashes  between  police  and  students  resulted 
in  numerous  injuries  on  both  sides,  all  major  local  human  rights  organizations  (ex- 
cept the  Sandinista-affiliated  CENIDH)  characterized  police  use  of  force  as  propor- 
tionate and  appropriate  in  most  instances.  One  policeman,  Ricardo  Romero  Bonilla, 
was  arrested  for  excessive  use  of  force  after  he  was  filmed  by  a  television  camera- 


594 

man  beating  university  rector  Adrian  Meza  Soza  during  a  confrontation  with  stu- 
dents. Because  Romero  committed  the  abuse  while  performing  oflicial  duties,  he  was 
charged  in  the  militarv  iustice  system.  A  military  court  tried,  convicted,  and  sen- 
tenced him  to  18  montns  imprisonment  in  SepteniJber.  Another  series  of  road  blocks 
and  strikes  by  the  FSLN  in  April  was  resolved  through  negotiation.  During  those 
disturbances,  police  engaged  protesters  in  only  a  few  isolated  instances. 

The  ANPDH  reported  in  1996  that  the  police  beat  15-year-olds  Marco  Antonio 
Gonzalez  and  Abelardo  Rodriguez  while  in  custody,  the  latter  in  Boaco  department 
by  police  lieutenant  Venancio  Obando,  and  that  police  subjected  14-year-old  Juan 
Carlos  Garcia  to  electrical  shocks  while  in  detention  on  Com  Island.  According  to 
the  ANPDH,  Captain  Luciano  Hurtado  Escobar  was  involved  in  the  latter  incident. 
The  police  inspector  general's  office  reported  in  September  that  it  had  no  record  of 
complaints  that  the  AJ^DH  claimed  it  filed  and  had  no  record  of  investigations  un- 
dertaken in  any  of  the  alleged  incidents. 

The  Office  of  Civil  Inspection  for  Professional  Responsibility  of  the  Ministry  of 
Government  is  responsible  for  monitoring  allegations  of  illegal  detention  and  police 
abuse.  During  the  year,  the  office  received  360  formal  complaints  involving  449  po- 
lice officers.  The  onice  concluded  that,  of  the  323  complaints  it  had  investigated,  42 
were  human  rights  cases.  Of  56  policemen  determined  to  be  responsible  for  human 
rights  violations,  the  authorities  nad  administratively  sanctioned  53  by  year's  end. 
The  unit's  small  budget  and  staff  hampered  effective  investigations  and  publicity. 

The  police  inspector  general's  office  reported  in  September  tnat  six  police  officers 
had  been  discharged  dishonorably  between  January  and  September  for  unspecified 
abusive  conduct.  The  National  Police  issued  new  standards  for  ethical  conduct  and 
discipline  in  an  effort  to  unproved  police  human  rights  performance. 

Prison  conditions  are  poor.  The  prison  system  remained  overcrowded  and  under- 
funded, with  medical  attention  virtually  nonexistent  and  malnutrition  a  constant 
problem.  According  to  government  statistics,  prisons  had  a  total  inmate  population 
of  3,946  as  of  July,  an  average  of  28  percent  over  capacity.  Prison  officials  calculated 
that  the  daily  expenditure  per  prisoner  for  food  was  $1.00  and  reported  that  the  an- 
nual budget  for  food  remained  constant  in  spite  of  the  growing  prison  population. 
Average  daily  caloric  intake  therefore  fell  to  750-800  calories,  well  below  tne  1,800 
calories  per  day  recommended  by  the  United  Nations.  However,  many  prisoners  re- 
ceived additional  food  from  visiting  family  and  friends.  Medical  care  available  to 
prisoners  fell  far  short  of  basic  needs.  Lack  of  available  medical  care  led  prisons  to 
release  ill  prisoners  convicted  of  lesser  offenses.  Some  prisons  and  many  police  hold- 
ing cells  were  dark,  poorly  ventilated,  and  unhygienic.  At  the  Bluefields  prison, 
there  were  only  4  showers  and  4  toilets  for  97  prisoners. 

As  of  August,  10.4  percent  of  the  prison  population  was  between  the  ages  of  15 
and  18.  Youths  were  housed  in  the  same  prisons  as  adults  for  lack  of  juvenile  deten- 
tion centers,  although  in  different  wings  of  the  prisons.  While  only  Managua  has 
a  separate  prison  for  women,  there  have  been  no  reports  of  problems  ensuing  from 
mixed  facilities.  Women  were  also  housed  in  separate  wings  in  facilities  outside  the 
Managua  area  and  were  guarded  by  female  custodians.  &lf-declared  homosexuals 
were  housed  separately  at  the  Managua  prison.  Police  station  holding  cells  were 
overcrowded  by  an  average  of  30  percent.  Ofiicials  claimed  that  suspects  were  often 
left  in  these  cells  during  their  trials,  as  budgetary  shortfalls  often  restricted  the  use 
of  fuel  for  frequent  transfers  from  prison  to  distant  courtrooms. 

Ministry  of^  Government,  police,  and  penitentiary  officials  met  with  the  inter- 
national Qonor  community  in  August  to  issue  an  urgent  call  for  increased  budgets 
to  buUd  more  facilities  and  increase  food  purchases.  Several  churches  and  national 
and  international  nongovernmental  organizations  (NGO's)  donated  foodstuffs,  beds, 
and  medicine  to  the  prison  system  to  nelp  alleviate  shortfalls,  which  remained  se- 
vere. 

F*rison  guards  received  human  rights  training  from  nongovernmental  organiza- 
tions and  the  Catholic  Church,  and  generally  treated  prisoners  well.  However,  there 
were  isolated  instances  of  abuse.  For  example,  the  ANPDH  reported  32  minor  inci- 
dents of  abuse  in  the  police  holding  cells  at  Esteli. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Arbitrary  arrest  and  detention  by  the  po- 
lice were  common.  The  Police  Functions  Law  requires  police  to  obtain  a  warrant 
prior  to  detaining  a  suspect  and  to  notify  family  members  within  24  hours  of  the 
detainee's  whereabouts.  However,  the  police  rarely  complied  with  this  law.  Detain- 
ees do  not  have  the  right  to  an  attorney  until  they  have  been  formally  charged  with 
a  crime.  Local  human  rights  groups  criticized  the  law  for  providing  inadequate  judi- 
cial oversight  of  police  arrests. 

The  constitutional  reforms  enacted  in  July  1995  reduced  from  72  to  48  hours  the 
time  police  may  legally  hold  a  suspect  before  they  must  bring  him  before  a  judge 


595 

to  decide  if  charges  should  be  brought.  The  judge  must  tlien  either  order  the  accused 
released  or  transferred  to  prison.  Due  to  lack  of  prison  space,  there  were  over  1,000 
prisoners  in  badly  overcrowded  police  holding  cells,  most  of  whom  were  being  held 
illegally  beyond  the  48-hour  deadline. 

Lengthy  pretrial  detention  also  remained  a  problem.  Contrary  to  law,  35.6  percent 
of  prisoners  had  been  jailed  for  6  months  or  more  without  a  trial.  Many  prisoners 
spend  more  than  a  year  in  jail  without  a  trial. 

The  ANPDH  recorded  94  complaints  of  illegal  or  arbitrary  detention  by  the  Na- 
tional Police  and  army  from  January  through  July,  a  slight  increase  from  1996.  As 
in  past  years,  incidents  of  arbitrary  detention  were  most  common  in  the  rural  north- 
em  and  north-central  regions,  where  much  of  the  civil  war  was  fought. 

Exile  is  not  practiced.  There  were  no  reports  of  political  violence  against  any  citi- 
zens returning  from  civil  war  era  self-imposed  exile. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  independent  but  continues  to  be 
susceptible  to  political  influence.  Human  rights  and  lawyers'  groups  complained 
about  the  delay  of  justice  caused  by  judicial  inaction,  sometimes  for  years.  Judicial 
actions  and  findings  were  reportedly  often  influenced  by  judges'  political  sympathies 
or  acceptance  of  bribes.  It  is  estimated  that  only  12  jjercent  of  trials  resulted  in  con- 
victions. 

The  judicial  system  comprises  both  civil  and  military  courts.  The  12-member  Su- 
preme Court  of  Justice  is  the  system's  highest  court  and  is  also  responsible  for 
nominating  all  appellate  and  lower  court  judges.  The  Court  is  divided  into  special- 
ized chambers  on  administrative,  criminal,  constitutional,  and  civil  matters. 

A  multiyear  administration  of  justice  reform  program  was  begun  during  1997.  In 
June  the  National  Assembly  passed  a  new  Judicial  Organic  Law  which  is  intended 
to  overhaul  the  current  archaic  structure  of  the  court  system.  However,  the  Presi- 
dent had  not  signed  the  bill  into  law  by  year's  end,  due  to  differences  over  technical 
points.  Enactment  of  the  law  was  expected  in  early  1998.  The  Government  submit- 
ted to  the  Assembly  a  draft  judicial  career  bill  that  would  establish  minimum  pro- 
fessional standards  for  judicial  appointees.  The  Government  also  appointed  a  com- 
mission to  supervise  revision  of  the  country's  outdated  and  ineffective  criminal  codes 
and  procedures.  Eventual  reform  of  these  codes  is  expected  to  reduce  judicial  delays 
and  resulting  excessive  pretrial  detention. 

The  1994  Military  Code  requires  the  civilian  court  system  to  try  members  of  the 
military  charged  with  common  crimes.  From  January  to  August  the  Attorney  Gen- 
eral for  Penal  Affairs'  ofTice  received  136  complaints  from  civilians  against  members 
of  the  military.  It  referred  72  of  these  to  civilian  courts  for  trial.  At  the  end  of  Au- 
gust, courts  had  sentenced  members  of  the  military  to  prison  in  10  of  the  cases  and 
found  those  involved  in  6  cases  innocent.  The  other  56  cases  were  in  stages  of  judi- 
cial processing,  which  the  Attorney  General  for  Penal  Affairs  called  "evidence  of  the 
worsening  problem  of  backlog  in  the  judicial  system." 

In  criminal  cases,  the  accused  has  the  right  to  legal  counsel,  and  defendants  are 
presumed  innocent  until  proven  guilty.  The  presiding  judge  appoints  attorneys  from 
a  standard  list  to  represent  indigent  defendants,  but,  because  they  are  not  paid  by 
the  State,  many  attorneys  pay  a  $1.50  fine  rather  than  represent  such  clients.  Ac- 
cording to  the  ANPDH,  approximately  90  percent  of  indigent  defendants  go  to  trial 
without  an  attorney  to  represent  them.  This  contributes  greatly  to  the  slow  pace  of 
justice.  Individuals  without  the  means  to  contract  private  counsel  are  oft«n  forced 
to  turn  to  law  students  or  have  no  counsel  at  all.  Under  the  Napoleonic  legal  sys- 
tem, a  trial  does  not  consist  of  a  public  hearing  but  rather  a  desk  review  by  a  mag- 
istrate of  the  accused  person's  file.  An  initial  hearing  is  usually  held  within  the  con- 
stitutionally mandated  10  days.  Although  very  simple  cases  or  those  with  high  pro- 
file or  outside  interest  may  be  resolved  quickly,  many  languish  for  months.  Due  to 
a  lack  of  administrative  coordination  between  judges  and  the  penal  system,  many 
prisoners  remained  in  prison  after  their  release  date. 

Nicaragua  lacks  an  effective  civil  law  system.  As  a  result,  cases  more  properly 
handled  in  a  civil  proceeding  are  often  transmuted  into  criminal  proceedings.  One 
party  is  then  effectively  blackmailed,  being  jailed  due  to  action  by  the  party  wield- 
ing greater  influence  with  the  judge.  In  addition,  this  heavy  civil-based  criminal 
caseload  claims  attention  from  an  overburdened  public  prosecutor's  office  and  di- 
verts resources  that  could  be  directed  toward  genuine  criminal  matters. 

The  Supreme  Court  removed  Managua  judge  German  Vasquez  from  office  in  Au- 
gust aft«r  he  had  been  widely  criticized  for  incompetence  and  political  bias.  In  Janu- 
ary Vasquez  sentenced  FSLN  activist  Nestor  Moncada  Lau  to  18  months'  imprison- 
ment after  police  arrested  the  latter  on  January  10,  the  day  of  President  Aleman's 
inauguration,  on  charges  of  terrorism.  Vasquez  ordered  Moncada  released  on  parole 
March  21.  Police  suspected  that  Moncada,  who  was  arrested  near  the  headquarters 


596 

of  President  Aleman's  political  party  with  800  grams  of  explosives,  had  intended  an 
inauguration  day  attack. 

The  Supreme  Court  undertook  a  generally  successful  campaign  to  punish  and  dis- 
courage corruption  in  the  judiciary.  By  years  end,  the  court  had  removed  57  judges 
and  magistrates  for  corruption,  malfeasance,  and  incompetence. 

There  were  no  known  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  that  all  persons  have  the  right  to  privacy  of  tneir  family  and 
to  the  inviolabiUW  of  their  home,  correspondence,  and  communications.  It  also  re- 
quires warrants  for  searches  of  private  homes  and  excludes  from  legal  proceedings 
illegally  seized  letters,  documents,  and  private  papers.  The  Government  generally 
respected  these  rights  in  practice. 

In  November  the  National  Assembly  passed  a  new  property  law  intended  to  re- 
solve long-standing  property  disputes  stemming  from  massive  confiscations  by  the 
Sandinista  government  of  the  1980's.  The  law  implements  President  Aleman's  cam- 
paign promise  that  the  poor  would  receive  titles  to  properties  received  during  Sandi- 
nista-era  land  redistributions,  and  that  wealthier  beneficiaries  would  either  have  to 
pay  for  such  properties  or  return  them.  The  law  calls  for  strengthened  judicial  and 
arbitral  procedures  to  expedite  settlement  of  property  disputes.  The  new  law  has 
been  strongly  criticized  by  some  members  of  the  claimant  community. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  a  free  press,  and  the  Government  respects  these  rights  in  practice.  The  pri- 
vately owned  print  media,  the  broadcast  media,  and  academic  circles  freely  and 
openly  discussed  diverse  viewpoints  in  public  discourse  without  government  inter- 
ference. 

The  news  medium  with  the  largest  national  audience  is  radio,  but  polls  show  that 
television  is  the  primary  source  of  news  in  the  cities.  Listeners  receive  a  wide  vari- 
etv  of  political  viewpoints,  especially  on  Managua's  65  radio  stations.  There  are  six 
television  stations,  four  of  wnich  carry  news  programming  with  partisan  political 
content.  There  is  no  official  state  censorship,  nor  is  self-censorship  practiced. 

Freedom  of  the  press  is  potentially  qualified,  however,  by  several  constitutional 
provisions.  The  1987  Constitution  stipulates  that  citizens  have  the  right  to  "accurate 
information,"  thereby  providing  an  exception  by  which  the  freedom  to  publish  infor- 
mation that  the  Government  deems  inaccurate  could  be  abridged.  Although  the 
right  to  information  cannot  be  subject  to  censorship,  there  is  retroactive  liability  es- 
tablished by  law,  defined  as  a  "social  responsibility,"  impljang  the  potential  for  sanc- 
tions against  irresponsibility  by  the  press.  The  legislature  did  not  modify  these  pro- 
visions in  the  1995  constitutional  reforms,  but  neither  did  the  Government  invoke 
these  provisions  to  suppress  the  media. 

Although  the  National  Assembly  passed  a  bill  in  September  1996  which  would 
have  established  a  professional  journalists'  guild,  it  was  never  signed  into  law.  The 
executive's  reticence  was  due  in  part  to  the  journalistic  community's  sharp  division 
over  whether  such  a  law  would  improve  the  quality  of  journalism  or  merely  restrict 
the  freedom  of  speech.  There  was  no  movement  in  the  National  Assembly  to  revive 
the  proposal. 

The  Government  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  recognizes 
the  right  to  peaceful  assembly  without  prior  permission.  It  also  recognizes  the  right 
to  public  assembly,  demonstration,  and  mobilization  "in  conformity  with  the  law." 
The  Government  generally  respects  the  right  of  assembly,  although  the  law  requires 
demonstrators  to  obtain  permission  for  a  rally  or  marcn  by  registering  its  planned 
size  and  location  with  the  police.  The  authorities  routinely  granted  such  permission, 
but  many  groups  chose  not  to  register  because,  they  claimed,  the  process  was  too 
cumbersome.  With  the  exception  of  the  violent  June-July  student  protests  (see  Sec- 
tion I.e.),  the  Government  took  no  action  against  demonstrations. 

The  Constitution  provides  for  the  right  to  organize  or  affiliate  with  political  par- 
ties, and  opposition  and  independent  associations  functioned  freely  witnout  govern- 
ment interference  or  restriction.  Private  associations  do  not  have  legal  status  to  con- 
duct private  fiind  raising  or  receive  public  financial  support  until  they  receive  this 
authorization  from  the  National  Assembly,  which  it  routinely  confers. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

In  April  the  National  Assembly  rejected  an  initiative  by  FSLN  deputies  to  pardon 
six  men  serving  sentences  for  bombings  of  Catholic  churches  that  occurred  during 
1994-96.  At  year's  end,  only  2  of  the  16  men  originally  accused  remained  in  prison. 
Five  were  found  innocent,  two  completed  full  sentences,  two  were  released  on  bail. 


597 

one  was  released  due  to  illness,  and  four  were  released  after  having  served  partial 
sentences.  The  bombings  of  churches  in  Masava,  Managua,  and  Leon,  which  caused 
only  superficial  structural  damage,  ceased  in  August  1996. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  the  right  to  travel  and  reside  anywhere 
in  the  country  and  to  enter  and  exit  the  country  freely.  The  law  requires  citizens 
and  residents  to  obtain  an  exit  visa  to  leave  the  country,  but  immigration  authori- 
ties routinely  granted  these  for  a  small  fee.  The  right  of  citizens  to  return  to  Nica- 
ragua is  not  established  in  the  Constitution,  but,  m  practice,  the  Government  has 
not  restricted  anyone's  return. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Conmiis- 
sioner  for  Refugees  and  other  humanitarian  organizations  in  assisting  refugees.  The 
Constitution  provides  for  asylum,  and  refugees  cannot  be  expelled  to  the  country 
persecuting  them.  The  issue  of  the  provision  of  first  asylum  did  not  arise;  there  were 
no  reports  of  the  forced  return  of  persons  to  a  country  where  they  feared  persecu- 
tion. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  exercised  their  right  peacefully  to  change  their  government  in  free  and 
fair  national  elections  in  October  1996  held  under  the  auspices  of  the  Supreme  Elec- 
toral Council  (CSE),  an  independent  branch  of  government.  Voters  elected  the  Lib- 
eral Alliance's  Amoldo  Aleman  president  from  a  field  of  24  candidates  with  51  per- 
cent of  the  vote,  against  38  percent  for  FSLN  candidate  Daniel  Ortega.  Over  90  per- 
cent of  eligible  voters  registered,  and  76  percent  of  eligible  voters  voted.  Over  3,000 
national  and  international  observers  declared  the  elections  free  and  fair,  despite 
some  logistical  and  organizational  nroblems. 

The  1995  reforms  to  the  1987  Constitution  established  a  more  even  distribution 
of  power  and  authority  among  the  four  coequal  branches  of  government.  The  execu- 
tive branch  is  headea  by  the  President  and  a  cabinet  appointed  by  the  President, 
who  is  both  head  of  state  and  head  of  government,  as  well  as  supreme  chief  of  the 
defense  and  security  forces.  The  Vice  President  has  no  constitutionally  mandated 
duties  or  powers.  Both  the  President  and  Vice  President  are  elected  to  5-year  terms 
by  direct  popular  vote,  with  the  possibility  of  a  runoff  between  the  top  two  can- 
didates if  one  does  not  obtain  at  least  45  percent  of  the  vote  on  the  first  ballot.  The 
Constitution  does  not  permit  reelection  of  the  President. 

A  single-chamber  National  Assembly  exercises  legislative  power.  In  October  1996, 
voters  chose  93  members,  including  20  deputies  from  nationwide  lists,  70  from  lists 
presented  in  each  of  the  15  departments  and  the  2  autonomous  regions,  and  3  de- 
feated presidential  candidates  who  obtained  a  minimum  percentage  of  the  national 
vote.  Nlembers  elected  concurrently  with  the  President  and  Vice  President  in  1996 
are  to  serve  5-year  terms. 

There  are  no  restrictions  in  law  or  practice  against  women,  indigenous  groups,  or 
other  minorities  voting  or  participating  in  politics.  Women  served  as  president  and 
vice  president  until  January  10,  and  a  woman  serves  as  president  of  the  CSE.  Addi- 
tionally, 3  of  12  Supreme  Court  justices  are  women;  women  hold  ministerial,  vice 
ministerial,  and  other  senior  positions  in  government;  and  voters  elected  10  women 
to  the  National  Assembly  in  October  1996.  Two  members  of  the  National  Assembly 
claim  indigenous  heritage. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

With  the  exception  of  some  peace  commissions,  human  rights  groups  operated 
without  government  interference.  Major  organizations  included  the  Nicaraguan  Cen- 
ter for  Human  Rights  (CENIDH),  the  Permanent  Commission  for  Human  Rights 
(CPDH),  the  Nicaraguan  Association  for  Human  Rights,  the  Episcopal  Center  for 
Development,  and  cardinal  Miguel  Obando  y  Bravo's  verification  commission.  The 
OAS's  International  Support  and  Verification  Commission,  which  was  established  in 
1990  to  oversee  the  repatriation,  disarmament,  resettlement,  and  protection  of  the 
human  rights  of  the  members  of  the  Nicaraguan  Resistance,  successfully  completed 
its  mission  and  closed  on  June  30.  In  1993  CIAV's  mandate  had  been  expanded  to 
include  all  those  affected  by  the  civil  war.  In  July  a  small  successor  organization 
to  OAS/CIAV,  the  OAS  Technical  Cooperation  Mission  (TCM),  opened  at  the  request 
of  the  Government.  The  TCM's  oresence  was  focused  on  13  at-risk  municipahties, 
where  it  worked  on  conflict  resolution,  reconciliation,  improving  local  government, 
and  extending  legal  infrastructure. 

The  OAS/CIAV  and  the  Catholic  Church  helped  create  more  than  70  peace  com- 
missions in  the  northern  and  central  parts  of  the  country,  intended  to  give  inhab- 


598 

itants  of  the  area  a  means  of  dispute  resolution,  a  means  of  monitoring  human 
riffhts  abuses,  and  a  vehicle  for  expressing  their  concerns  to  government  authorities. 
Many  of  the  commissions  operate  in  areas  that  are  without  any  governmental  pres- 
ence, and  serve  as  surrogates  for  absent  police  and  courts.  The  Government  granted 
legal  standing  to  many  of  these  grassroots  organizations  during  the  year.  Some 
peace  commission  meniers  reported  that  soldiers,  rural  police,  and  local  residents 
sometimes  misunderstood  their  efTorts  at  advocacy  on  behalf  of  jailed  criminals,  in- 
terpreting them  as  challenges  to  law  enforcement  officials'  authority.  Some  commis- 
sion members  reported  that,  as  a  result,  police  and  army  noncommissioned  officers 
and  officers  (up  to  the  rank  of  major)  physically  threatened  them.  Police  and  sol- 
diers' threats  caused  significant  attrition  from  the  commissions. 

The  ANPDH,  the  CENIDH,  the  CPDH,  and  the  Catholic  Church's  verification 
commission  conducted  numerous  human  rights  workshops  at  the  police  training 
academy,  at  various  police  headquarters,  and  with  army  units  throughout  the  coun- 
try. However,  the  ANPDH  and  the  Esteli  peace  commission  complained  that  police 
regularly  failed  to  follow  up  on  their  accusations  of  abusive  police  behavior,  even 
though  the  police  generally  acknowledged  having  received  their  complaints.  The  po- 
lice inspector  general's  office  admitted  that  it  responded  to  only  135  of  the  333  cases 
which  the  ANDPH  presented  during  the  year,  but  claimed  that  many  of  the 
ANDPH's  complaints  were  either  unfounded  or  too  old  to  permit  a  meaningful  inves- 
tigation. Some  military  ofiicers  received  internationally  sponsored  human  rights 
training. 

In  December  1995,  the  National  Assembly  passed  a  law  creating  a  human  rights 
ombudsman's  office,  with  the  Ombudsman  to  be  elected  by  the  Assembly.  The 
Aleman  administration  publicly  supported  filling  the  position,  and  the  Assembly  in- 
scribed a  dozen  candidates  in  November,  but  none  was  able  to  obtain  the  56  votes 
(60  percent)  required  for  election.  Election  of  an  ombudsman  is  likely  sometime  in 
1998. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  the  basis  of  birth,  nationality,  politi- 
cal belief,  race,  gender,  language,  religion,  opinion,  national  origin,  economic  condi- 
tion, or  social  condition.  In  practice,  the  (Jrovemment  made  little  or  no  effort  to  com- 
bat discrimination.  However,  few,  if  any,  discrimination  suits  or  formal  complaints 
were  filed  with  government  officials. 

Women. — The  most  prevalent  violations  of  women's  rights  involved  domestic  and 
sexual  violence,  which  were  widespread  and  underreported.  The  National  Police  re- 
ported 1,095  instances  of  rape  during  1996,  but  believed  the  true  number  of  such 
crimes  to  be  perhaps  four  times  that  figure.  Many  women  are  still  reluctant  to  re- 
port abuse  or  file  charges  due  to  social  stigmas  attached  to  victims  of  rape.  How- 
ever, police  stated  that  the  apparent  rise  in  rape  cases  from  previous  years  is  at 
least  partially  due  to  the  increased  willingness  of  rape  victims  to  report  the  crimes 
perpetrated  against  them. 

Tne  National  Police  confirmed  local  human  rights  groups'  charges  that  while  po- 
lice sometimes  intervened  to  prevent  injury  in  cases  of  domestic  violence,  they  rare- 
ly charged  perpetrators.  Those  cases  that  actually  reached  the  courts  usually  re- 
sulted in  a  not  guilty  verdict  due  to  judicial  inexperience  with,  and  lack  of  legal 
training  related  to,  proper  judicial  handling  of  such  violence. 

The  police  manage  "women's  commissariats"  in  nine  cities — Managua,  EsteU, 
Bluefiems,  Leon,  Nlasaya,  Boaco,  Jinotega,  Rivas,  and  Tipitapa — whicn  are  sup- 
ported in  part  by  foreign  assistance.  The  centers  are  annexes  of  local  police  stations 
and  are  staffed  by  female  police  officers.  They  provide  both  social  and  legal  help  to 
women  and  mediate  spousal  conflicts.  A  1996  Criminal  Code  reform  entitled  Law 
against  Aggression  against  Women  criminalized  domestic  violence  and  provided  for 
up  to  6  years'  imprisonment  for  those  found  guilty  of  perpetrating  such  violence. 
The  law  also  provided  for  the  issuance  of  restraining  orders  in  cases  in  which 
women  fear  for  their  safety. 

Although  the  Constitution  provides  for  equality  between  the  sexes,  some  authori- 
ties and  society  in  general  often  did  not  respect  this  in  practice.  While  discrimina- 
tion against  women  is  technically  illegal,  reports  of  such  discrimination  were  per- 
sistent throughout  the  year.  Women  are  underrepresented  in  management  positions 
in  the  private  sector,  and  they  constitute  the  majority  of  workers  in  the  traditionally 
low-paid  education,  textile,  and  health  service  sectors.  Women  have  equal  or  some- 
what better  access  to  education  than  men.  Primary  school  enrollment  rates  for  boys 
and  girls  are  estimated  at  73  and  75  percent,  respectively;  secondary  school  enroll- 
ment rates  are  39  and  47  percent. 


599 

Children. — Children  18  years  of  age  and  younger  make  up  approximately  53  per- 
cent of  the  population.  Tne  Government  expresses  its  commitment  to  children's 
human  rights  and  welfare  publicly  but  does  not  commit  adequate  funding  levels  for 
children's  programs.  Education  is  compulsory  through  the  sixth  grade,  but  this  pro- 
vision is  not  enforced.  The  United  Nations  Children's  Fund  (UNICEF),  using  1993 
statistics,  estimated  that  6,000  children  have  been  abandoned  by  their  families, 
some  2,000  live  in  orphanages,  and  approximately  1,800  are  in  foster  homes. 
UNICEF  reported  that  65  percent  of  children  are  literate,  and  that  20  percent  of 
children  from  6  to  9  years  of  age  work.  The  Labor  Ministry  estimated  that  about 
100,000  children  under  age  14  are  illegally  employed.  Of  these,  it  estimated  that 
72,000  were  employed  in  the  annual  harvests.  Others  are  forced  by  their  parents 
to  work  in  the  streets  of  Managua  as  vendors  or  beggars.  Child  prostitution  exists 
but  is  not  common. 

People  With  Disabilities. — The  Government  has  not  legislated  or  otherwise  man- 
dated accessibility  for  the  disabled.  However,  through  international  NGO's,  foreign 
governments,  ana  the  public  health  care  system,  the  Government  procured  thou- 
sands of  prostheses  and  other  medical  equipment  for  veterans  and  former  resistance 
members.  Through  its  clinics  and  hospitals,  the  Government  provides  care  to  war 
veterans  and  other  disabled  persons,  but  the  quality  of  care  is  generally  poor. 

Indigenous  People. — Comprising  about  6  percent  of  the  country's  population,  the 
indigenous  people  live  primarily  in  the  Northern  Autonomous  Atlantic  Region 
(RAAN)  and  Southern  Autonomous  Atlantic  Region  (RAAS),  created  in  1987  out  of 
the  former  department  of  Zelaya,  which  border  the  Caribbean  sea  and  comprise  47 

f>ercent  of  the  national  territory.  According  to  the  Government's  May  1995  census 
which  undercounted  the  population  by  as  much  as  25  percent  in  some  rural  areas), 
the  four  major  identifiable  tribes  are  the  Miskito  (with  approximately  140,000  mem- 
bers), the  Sumo  (15,000),  the  Garifuna  (1,500),  and  the  Rama  (1,000). 

The  indigenous  people  of  the  RAAN  (principally  the  Miskito  and  the  Sumo)  have 
their  own  political  party,  the  Yatama,  with  representation  in  regional  and  municipal 
councils.  In  an  effort  to  encourage  indigenous  participation  in  the  1996  elections,  the 
CSE  distributed  electoral  and  civic  education  materials  in  four  languages,  including 
Miskito  and  Sumo.  The  CSE  undertook  similar  efforts  in  preparation  for  the  March 
1998  regional  elections  in  the  RAAN  and  RAAS. 

The  1987  Autonomy  Law  requires  the  Government  to  consult  the  indigenous  re- 
garding the  exploitation  of  their  areas'  resources.  Indigenous  people  claim  that  the 
central  Government  often  made  decisions  without  adequate  community  consultation. 
As  in  previous  years,  some  indigenous  groups  complained  that  central  government 
authorities  excluded  the  indigenous  people  of  the  Atlantic  coast  from  meaningful 
participation  in  decisions  afiecting  their  lands,  cultures,  traditions,  and  the  alloca- 
tion of  natural  resources.  A  majority  of  indigenous  people  have  no  access  to  health 
care.  Critics  of  government  policy  cited  official  statistics  that  unemployment  ap- 
proached 70  percent  in  the  RAAS  and  was  nearly  90  percent  in  the  RAAN,  far  above 
national  averages.  However,  calculation  of  reliable  employment  statistics  was  com- 
plicated by  the  fact  that  most  of  the  working  indigenous  population  on  the  Atlantic 
IS  engaged  in  subsistence  fishing  or  farming. 

A  650-member  tribe  in  the  RAAN,  the  Awas  Tingni,  sued  the  Government  in 
1996,  claiming  that  its  decision  to  award  a  long-term  lumber  concession  to  a  Korean 
firm  on  a  portion  of  the  land  it  claims  as  its  own  was  a  violation  of  the  American 
Convention  on  Human  Rights.  In  February  the  Supreme  Court  declared  the  Govern- 
ment's concession  to  the  Korean  firm  unconstitutional.  The  case  was  before  the 
Inter-American  Commission  on  Human  Rights  at  year's  end.  The  Government  has 
worked  with  indigenous  groups  in  the  past  to  reach  compromises,  but  in  this  case 
countered  that  the  area  the  Awas  Tingni  claim,  392,500  acres,  was  excessive  for  a 
tribe  of  its  size.  The  root  of  the  dispute  was  the  Government's  failure  to  demarcate 
the  land;  other  indigenous  groups,  squatters,  former  RN,  and  soldiers  also  have 
claims  to  the  same  area.  With  international  financial  support,  in  1996  the  (jovern- 
ment  formed  a  commission  to  demarcate  lands  in  the  RAAN  and  RAAS. 

National / Racial / Ethnic  Minorities. — Most  citizens  are  of  mixed  background,  and 
ethnicity  is  not  a  barrier  to  political  or  economic  success.  However,  various  indige- 
nous groups  from  both  the  RAAN  and  the  RAAS  sometimes  linked  the  Government's 
failure  to  expend  resources  in  support  of  the  Atlantic  coast  population  to  the  exist- 
ence of  ethnic,  racial,  and  religious  (principally  members  of  the  Moravian  church) 
minorities  that  predominate  in  that  region. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  of  workers 
to  organize  voluntarily  in  unions,  and  this  right  was  reaffirmed  in  the  new  Labor 
Code  which  entered  into  effect  in  November  1996,  replacing  the  antiquated  1944 


600 

code.  Legally,  all  public  and  private  sector  workers,  except  those  in  the  military  and 
the  police,  may  form  and  join  unions  of  their  own  choosing,  and  they  exercise  this 
right  extensively.  New  unions  must  register  with  the  Rfi^nistry  of  Labor  and  be 

S anted  legal  status  before  they  may  engage  in  collective  bargaining.  The  new  code 
jfally  recognizes  cooperatives,  into  which  many  transportation  and  agricultural 
workers  are  organized.  Less  than  half  of  the  formal  sector  work  force,  including  ag- 
ricultural workers,  is  unionized,  according  to  labor  leaders.  Union  membership  con- 
tinued to  fall  during  the  vear.  The  unions  are  independent  of  the  Government,  al- 
though many  are  amliated  with  political  parties. 

The  Constitution  recognizes  the  right  to  strike.  The  Labor  Code  requires  a  major- 
ity vote  of  all  the  woriiers  in  an  enterprise  to  call  a  strike.  Workers  may  strike  le- 
gally only  after  they  have  demonstrated  that  they  have  just  cause  to  strike  and  have 
exhausted  other  methods  of  dispute  resolution,  including  mediation  by  the  Ministry 
of  Labor  and  compulsory  arbitration.  Although  the  1996  Labor  Code  streamlined 
these  procedures  with  labor  leaders'  input  and  consent,  they  were  often  ignored.  Of 
seven  strikes  between  January  and  July,  four  were  declared  illegal,  and  three  were 
quickly  resolved  between  the  parties  to  the  disputes.  None  were  declared  legal. 

The  Labor  Code  prohibits  retribution  against  strikers  and  union  leaders  for  legal 
strikes.  However,  this  protection  may  be  withdrawn  in  the  case  of  an  illegal  strike. 
The  1996  Code  provides  protected  status  to  union  leaders,  requiring  that  companies 
receive  permission  from  the  Labor  Ministry  after  having  shown  just  cause  in  order 
to  fire  union  executive  board  members.  Such  protection  is  limited  to  nine  individuals 
per  union. 

Unions  freely  form  or  join  federations  or  confederations  and  affiliate  with  and  par- 
ticipate in  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  provides  for 
the  rirfit  to  bargain  collectively,  and  this  right  was  reaffirmed  in  the  1996  Labor 
Code.  The  Government  generally  sought  to  foster  resolution  of  pressing  labor  con- 
flicts (usually  in  the  public  sector)  through  informal  negotiations  rather  than 
through  formal  administrative  or  judicial  processes.  According  to  the  reformed  Code, 
companies  engaged  in  disputes  with  employees  must  negotiate  with  the  employees' 
union  if  the  employees  have  thus  organized  themselves. 

Nineteen  firms,  employing  some  15,000  workers,  operate  in  the  government-run 
export  processing  zone  (EPZ),  and  a  private  EPZ  contains  another  firm  with  500  em- 
ployees. Four  additional  zones  were  authorized  but  had  not  opened  by  year's  end. 
While  EPZ  officials  maintain  that  labor  laws  are  more  strictly  enforced  in  the  EPZ 
than  elsewhere,  union  representatives  have  long  maintained  that  the  Labor  Min- 
istry is  doing  a  poor  job  of  enforcing  the  Labor  Code  in  the  EPZ's.  In  response  to 
these  complaints,  the  Labor  Ministry  opened  a  new  office  in  the  Managua  free  trade 
zone  in  February.  Of  the  19  EPZ  enterprises,  only  2  are  unionized.  EPZ  oflicials 
claimed  that,  due  to  memories  of  the  corrupt  and  ineffective  unions  of  the  1980's, 
workers  in  the  other  17  EPZ  enterprises  simply  have  no  interest  in  unionizing.  They 
also  claim  that  wages  and  working  conditions  in  EPZ  enterprises  are  better  than 
the  national  average. 

Although  one  Sandinista  union  made  an  effort  to  organize  workers  at  the  Cupid 
factory  in  the  EPZ,  the  Labor  Ministry  overturned  the  new  union's  certification.  The 
Labor  Ministry  concluded  that  Sandinista  labor  organizers  had  intimidated  the 
workers  into  calling  for  a  union,  a  charge  which  workers  and  factory  management 
confirmed.  In  September  Cupid  received  the  Labor  Ministry's  first-ever  award  for 
excellence  in  labor-management  relations. 

The  Labor  Ministry  verified  that  there  were  some  cases  of  sexual  harassment  of 
females  workers  in  the  EPZ's.  However,  it  found  that  such  problems  were  no  more 
common  in  the  EPZ's  than  in  other  sectors  of  the  economy. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor.  However,  the  Labor  Ministry  reported  that  some  child  men- 
dicants were  forced  to  beg  by  the  parents,  and  that  some  were  "rented"  by  their  par- 
ents to  organizers  of  child  beggars  (see  Section  6.d.).  Parents  forced  many  rural  chil- 
dren to  participate  in  annual  Harvests. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Although 
not  specifically  addressing  forced  or  bonded  child  labor,  the  Constitution  prohibits 
child  labor  that  can  affect  normal  childhood  development  or  interfere  with  tne  oblig- 
atory school  year.  Recognizing  that  child  labor  in  tne  informal  sector  of  the  economy 
continues  to  be  a  serious  problem,  the  Government  created  in  August  a  new  commit- 
tee for  the  eradication  of  child  labor  headed  by  the  first  lady.  The  1996  Labor  Code 
raised  the  age  at  which  children  may  begin  working  with  parental  permission  from 
12  to  14  years.  Parental  permission  to  work  is  also  required  for  15-  and  16-year- 
olds.  The  law  limits  the  workday  for  such  children  to  6  hours  and  prohibits  night 
work.  However,  because  of  the  economic  needs  of  many  families,  a  cultural  legacy 


601 

of  child  work  among  peasants,  and  lack  of  effective  government  enforcement  mecha- 
nisms, child  labor  rules  are  rarely  enforced  except  in  the  small,  formal  sector  of  the 
economy. 

An  August  study  conducted  by  the  Labor  Ministry  concluded  that  over  100,000 
children  under  14  years  of  age  work,  principally  in  the  annual  harvest  of  crops  such 
as  coffee,  cotton,  bananas,  tobacco,  and  rice,  and  in  city  streets  hawking  merchan- 
dise, cleaning  automobile  windows,  or  begging.  The  Labor  Ministry  reported  that 
many  child  mendicants  are  forced  to  beg  bv  their  parents,  and  that  many  are 
"rented"  by  their  parents  to  organizers  of  child  beggars.  Children  the  age  of  10  or 
older  often  worited  for  less  than  $1.00  per  day  on  the  same  banana  and  coffee  plan- 
tations as  their  parents.  Working  children  averaged  a  47-hour  workweek,  according 
to  a  1993  UNICEF  study. 

e.  Acceptable  Conditions  of  Work. — The  minimum  wage  is  set  throu^  tripartite 
(business,  government,  and  labor)  negotiations,  and  must  be  -approved  by  the  Legis- 
lative Assembly.  A  new  minimum  wage  scale  took  effect  November  1,  the  first  in- 
crease since  1991.  Minimum  wages  vary  by  sector.  Examples  of  monthly  rates  are: 
agriculture,  $30.61  (300  cordobas);  fisheries,  $51  (500  cordobas);  construction,  $49 
(480  cordobas);  government,  $35.71  (350  cordobas);  and  banking,  $71.42  (700  cor- 
dobas). The  minimum  wage  falls  far  below  government  estimates  of  what  an  urban 
family  must  spend  each  month  for  a  basic  basket  of  goods  ($142.85,  or  1,400  cor- 
dobas). The  vast  majority  of  urban  workers  earn  well  above  the  minimum  rates. 

The  new  Labor  Code  maintains  the  constitutionally  mandated  8-hour  workday; 
the  standard  legal  workweek  is  a  maximum  of  48  hours,  with  1  day  of  rest  weekly. 
The  new  code  establishes  that  severance  pay  shall  be  from  1  to  5  months'  duration, 
depending  on  the  duration  of  employment  and  the  circumstances  of  firing.  However, 
persons  nred  for  cause  may  be  denied  severance  pay  through  a  process  requiring 
employers  to  demonstrate  proof  of  worker  misconduct.  It  also  establishes  an  obliga- 
tion 01  an  employer  to  provide  housing  to  employees  who  are  temporarily  assigned 
to  areas  beyond  commuting  distance.  The  Labor  Code  seeks  to  bring  the  country 
into  compliance  with  international  standards  and  norms  of  workplace  hygiene  and 
safety,  but  the  Ministry  of  Labor's  office  of  hygiene  and  occupational  security  lacks 
adequate  staff  and  resources  to  enforce  these  provisions.  The  new  code  gives  work- 
ers the  right  to  remove  themselves  from  dangerous  workplace  situations  without 
jeopardy  to  continued  employment. 


PANAMA 

Panama  is  a  representative  democracy  with  an  elected  executive  composed  of  a 
president  and  two  vice  presidents,  an  elected  72-member  legislature,  and  an  ap- 
pointed judiciary.  President  Ernesto  Perez  Balladares,  elected  in  May  1994,  is  the 
chief  executive.  The  judiciary  is  independent,  but  subject  to  corruption  and  political 
manipulation. 

Panama  has  had  no  military  forces  since  1989.  In  1994  a  constitutional  amend- 
ment formally  abolished  a  standing  military,  although  it  contained  a  provision  for 
the  temporary  formation  of  a  "special  police  force"  to  protect  the  borders  in  case  of 
a  "threat  of  external  aggression."  The  Panamanian  National  Police  (PNP),  under  the 
Ministry  of  Government  and  Justice,  are  responsible  for  law  enforcement.  The  Judi- 
cial Technical  Police  (PTJ),  under  the  judicial  branch's  Public  Ministry,  perform 
criminal  investigations  in  support  of  public  prosecutors.  National  Maritime  Service 
and  National  Air  Service  forces  also  perform  police  functions  along  the  coasts  and 
at  the  international  airport,  respectively.  Credible  repwrts  of  corruption  within  both 
the  PNP  and  PTJ  contributed  to  some  police  dismissals.  Police  forces  respond  to  ci- 
vilian authority,  have  civilian  directors,  and  have  internal  review  procedures  to  deal 
with  police  misconduct.  There  were  reports  of  instances  of  abuse  by  some  members 
of  the  security  forces. 

The  service-oriented  economy  uses  the  U.S.  dollar  as  currency,  called  the  Balboa. 
Gross  domestic  product  grew  by  2.5  percent  in  real  terms  in  1996,  and  its  growth 
was  projected  to  reach  3.5  percent  in  1997  The  Ministry  of  Economic  Planning  ex- 
pects accelerating  growth  tnrough  the  year  2000  as  the  effects  of  economic  liberal- 
ization and  the  Panama  Canal  transfer  become  evident.  Poverty  persists,  with  large 
disparities  between  rich  and  poor,  and  income  distribution  remains  skewed.  Unem- 
ployment is  estimated  at  14  percent. 

The  (jovemment  generally  respected  the  human  rights  of  its  citizens,  but  there 
continued  to  be  serious  problems  in  several  areas.  Police  and  prison  guards  used  ex- 
cessive force  against  detainees  and  prisoners.  Despite  some  modest  improvements, 
overall  prison  conditions  remained  poor,  with  frequent  outbreaks  of  internal  prison 


602 

violence.  F*risoners  were  subject  to  prolonged  pretrial  detention;  the  criminal  justice 
system  was  inefficient  and  often  corrupt,  d  one  high-profile  case,  G^erardo  Gonzalez, 

ftresident  of  the  governing  party,  used  improper  influence  to  compromise  the  impar- 
iality  of  trial  proceedings  against  a  former  director  of  the  PTJ,  Jaime  Abao,  in 
order  to  affect  the  outcome  of  the  separate  trial  of  Gonzalez's  son  on  murder 
charges.  There  were  instances  of  illegal  searches  and  political  pressure  on  the 
media.  The  Government  was  severely  criticized  when  it  refused  to  renew  the  work 
permit  of  a  prominent  foreign  journalist.  The  United  Nations  High  Commissioner 
lor  Refugees  protested  government  repatriation  in  April  of  200  Colombians,  some  of 
whom  entered  Panama  fleeing  violence  in  border  areas.  Discrimination  against 
women  persists,  and  indigenous  people  are  severely  disadvantaged.  Violence  against 
women  remained  a  serious  problem.  Worker  rights  are  limited  in  export  processing 
zones.  The  Government  continued  to  prosecute  a  small  number  of  officials  respon- 
sible for  abuses  during  the  years  of  dictatorship  from  1968  t«  1989.  The  legislature 
created  the  office  of  human  rights  ombudsman  in  December  1996  and  elected  the 
first  incumbent  in  a  fair  and  open  process.  After  an  initial  delay  in  receiving  ftinds, 
the  ombudsman's  office  was  expected  to  open  in  January  1998. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings. 

The  authorities  dismissed  three  PNP  guards  and  ordered  them  to  stand  trial  for 
the  beating  death  of  detainee  Jose  Luis  Alvarado  at  the  Tinajitas  prison.  After  Alva- 
rado  got  into  an  argument  with  the  guards  on  the  evening  of  March  6,  witnesses 
reported  that  the  ofiicers  handcufiied  him  to  a  chain  link  fence  and  beat  him  for  sev- 
eral hours  until  he  died. 

The  PNP  initiated  an  investigation  into  the  shooting  death  of  Ngobe-Bugle  tribe 
member  Juan  Santos  Chobra  during  a  June  17  confrontation  between  squatters  and 
police  officers  attempting  to  remove  them  from  private  land.  According  to  the  PNP, 
a  police  officer  fired  in  self-defense  when  Chobra  attacked  him  with  a  machete;  pro- 
testers said  that  the  65-year-old  Chobra  was  a  victim  of  police  aggression.  In  retalia- 
tion, the  protesters  overpowered  a  second  PNP  officer,  txjund  and  tortured  him  for 
several  hours,  and  wounded  him  in  the  head  with  a  machete  before  he  could  be  res- 
cued. 

On  August  3,  a  jury  convicted  a  former  PTJ  agent  of  murder  in  the  January  19, 
1994,  shooting  death  of  university  student  Erick  Eloy  Diaz.  The  agent  shot  Diaz 
during  a  traffic  stop.  On  March  3,  a  jury  convicted  two  former  members  of  the  public 
security  forces  for  the  robbery  and  murder  of  two  Colombian  drug  traffickers  in  No- 
vember 1991. 

The  Government  continued  to  prosecute  a  small  number  of  officials  for  abuses 
committed  during  the  years  of  dictatorship,  from  1968  to  1989.  In  February  a  judge 
sentenced  former  Panamanian  Defense  Forces  (PDF)  captain  Jorge  Eliecer  Bemal 
and  two  other  men  to  20  years'  imprisonment  for  the  1987  murder  of  businessman 
Manuel  Lopez  Vasquez.  On  February  21,  Peru  extradited  to  Panama  ex-PDF  major 
Heraclides  Sucre,  who  was  previously  convicted  in  absentia  and  sentenced  to  20 
years'  imprisonment  for  his  role  in  the  1989  executions  of  11  PDF  participants  in 
an  abortive  coup  attempt  against  then-PDF  Commander  General  Manuel  Noriega. 
A  jury  on  March  2  acquitted  five  former  PDF  officers  for  the  kidnaping  and  at- 
tempted murder  of  opposition  activist  Mauro  Zuniga  in  1985,  despite  Zuniga  having 
personally  identified  nis  attackers  at  the  trial. 

In  November  a  jury  acquitted  Pedro  Miguel  Gonzalez,  son  of  Legislative  Assembly 
president  Gerardo  Gonzalez  (also  president  of  the  ruling  Democratic  Revolutionary 
Party — PRD),  and  two  other  defendants,  Amado  Sanchez  Ortega  and  Roberto 
Garrido,  who  were  accused  of  the  politically  motivated  1992  killing  of  U.S.  service- 
man corporal  Zak  Hernandez  and  intent  to  kill  U.S.  army  sergeant  Ronald  Terrell 
Marshall.  Gonzalez  was  freed;  Sanchez  must  still  serve  a  7-year  prison  term  for  a 
prior  murder  conviction;  and  Garrido  had  still  not  been  located  at  year's  end.  Gon- 
zalez was  acquitted  despite  clear  evidence  of  his  guilt  and  in  the  wake  of  improper 
actions  by  his  father  in  this  case  and  a  separate  case  against  a  police  official,  Jaime 
Abad  (see  Section  I.e.).  Gonzalez's  trial  was  subject  to  political  interference,  manip- 
ulation, and  intimidation  of  the  judge  and  jury. 

In  what  was  presented  as  an  efiort  to  remedy  the  slow  pace  of  criminal  justice 
proceedings,  the  ruling  party  attempted  to  modify  a  judicial  reform  bill  sent  to  the 
Legislative  Assembly  by  the  Attorney  General.  PRD  legislators  inserted  a  "veiled 
amnesty"  clause,  which  would  have  closed  all  criminal  cases  open  more  than  5  years 
without  the  accused  being  brought  to  trial.  The  reform  would  have  freed  human 


603 

rights  violators,  common  criminals,  and  even  suspected  murderers,  and  would  have 
ended  proceedings  against  numerous  fugitives  from  justice  (such  as  Roberto 
Garrido).  Both  the  Attorney  General  and  the  secretary  general  of  the  Supreme 
Court  denounced  the  modified  bill  as  unconstitutional,  and  the  PRD  subsequently 
withdrew  it  from  consideration  as  the  Assembly  session  concluded  in  June. 

Several  Colombians  residing  in  Panama  were  reportedly  executed  in  the  Darien 
region  by  Colombian  paramilitary  forces  during  cross-border  incursions  in  April  and 
June.  The  paramilitary  forces  accused  the  victims  of  being  sympathizers  of  a  Colom- 
bian guerrula  movement.  Panamanian  authorities  have  made  no  arrests  in  connec- 
tion with  the  killings,  but  temporarily  reinforced  PNP  units  in  the  Darien  following 
the  June  incident.  There  were  reports  of  similar  incidents  in  November;  reputed  Co- 
lombian guerrillas  or  members  oi  a  paramilitary  force  killed  a  police  ofticer  and  ter- 
rorized a  small  town  for  several  hours. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
A  Colombian  paramilitary  group  in  June  reportedly  kidnaped  two  Colombians 

who  had  sought  refuge  in  the  Darien  community  of  Yape.  Darien  business  owner 
Antonio  Ramos,  kidnaped  in  August  1996  by  Colombian  guerrillas,  was  released 
unharmed  in  May  after  his  family  paid  an  unspecified  ransom.  Panamanian  au- 
thorities state  that  they  are  hampered  in  enforcing  the  law  in  Darien  by  the  region's 
remoteness,  general  lawlessness,  and  insufficient  resources  for  the  police. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  use  of  measures  that  could  harm  the  physical,  mental, 
or  moral  integrity  of  prisoners  or  detainees.  The  public  security  forces  generally  per- 
formed in  a  professional  and  restrained  manner,  although  there  were  reports  of^  ex- 
cessive use  of  force  or  inhuman  punishment,  particularly  against  prison  inmates. 
There  also  were  reports  that  police  used  physical  violence  to  control  detainees  dur- 
ing the  initial  an^est,  interrogation,  and  holding  phases. 

On  June  3  President  Perez  Balladares  signed  a  new  Organic  Law  for  the  National 
Police,  passed  by  the  Legislative  Assembly  m  April.  The  new  law  supersedes  the  old 
"Law  20,"  dating  from  the  Noriega  era,  and  a  1990  presidential  decree  as  the  legal 
basis  for  the  existence  and  operations  of  the  PNP.  The  law  includes  specific  guide- 
lines for  PNP  use  of  force,  including  deadly  force;  sets  up  norms  for  selection  and 
promotion  of  officers,  contributing  to  PNP  professionalization;  and  seeks  to 
depoliticize  the  PNP  by  prohibiting  officers'  participation  in  certain  political  activi- 
ties. It  requires  that  police  officers  respect  human  rights,  and  prohibits  instigation 
or  tolerance  of  torture,  cruelty,  or  other  inhuman  or  degrading  behavior.  The  law 
stipulates  that  the  PNP  director  must  be  a  civilian  "noncareerist,"  while  the  deputy 
director  must  be  chosen  from  among  career  police  ranks. 

Corruption  among  police  officers  continued  to  be  a  problem,  but  PNP  and  FTJ  di- 
rectors enforced  strict  disciplinary  measures  against  officers  shown  to  be  involved 
in  illicit  activities.  They  arrested  a  PTJ  documents  expert  in  July  as  part  of  a  medi- 
cal diploma  falsification  ring  and  fired  six  other  PTJ  agents  in  April  for  connections 
to  organized  crime.  Three  PNP  officers  were  dismissed  in  February  for  robbery,  and 
PNP  director  Sosa  admitted  in  February  that  some  members  of  the  transit  police 
regularly  extort  bribes  from  motorists.  In  February  the  authorities  formally  charged 
seven  former  PTJ  agents  with  the  August  1995  kidnaping  and  robbery  of  a  Colon 
Free  Zone  merchant. 

The  PTJ  and  the  PNP  have  offices  of  professional  responsibility  that  act  as  inter- 
nal affairs  organs  to  hold  ofiicers  accountable  for  their  actions.  Both  have  staffs  of 
independent  investigators  and  administrative  authority  to  open  internal  investiga- 
tions which,  upon  completion,  go  to  their  respective  inspectors  general  for  submis- 
sion to  review  boards.  The  review  boards,  in  turn,  recommend  to  the  service's  direc- 
tor the  appropriate  action;  the  director  has  the  final  authority  to  determine  the  dis- 
position of  each  case.  Penalties  include  reduction  in  rank,  dismissal,  and  in  severe 
cases,  criminal  prosecution.  Through  July  the  PNP  opened  324  investigations  into 
alleged  misconduct  by  police;  of  the  202  investigations  completed,  11  resulted  in  dis- 
missals, 10  in  other  disciplinary  action,  and  9  in  reprimands.  The  other  cases  were 
either  dismissed  administratively  or  resolved  in  favor  of  the  investigated  officer. 

Despite  efforts  to  introduce  some  prison  reforms,  prison  conditions  throughout  the 
country  remained  extremely  poor  and  a  threat  to  prisoners'  health.  Most  prisons  are 
dilapidated  and  overcrowded.  Medical  screening  and  care  is  inadequate,  with  tuber- 
culosis and  other  communicable  diseases  common  among  the  prison  population.  Fre- 
quent prison  riots  and  gang  battles  injured  or  killed  numerous  inmates.  Guards 
often  used  buckshot  and  tear  gas,  fired  at  close  range,  to  quell  disturbances  or  halt 
escape  attempts.  Riots  were  particularly  common  and  severe  at  La  Joya  prison, 
where  most  high-risk  inmates  from  the  old  La  Modelo  prison  were  transferred  in 
late  1996.  In  February  the  Government  announced  plans  to  build  a  new  1,000-in- 
mate  facility  for  medium-  and  maximum-security  inmates  adjacent  to  La  Joya. 


604 

Mounting  frustration  with  La  Joya's  security  problems  prompted  the  National  De- 
partment of  Corrections  (DNC)  to  fire  the  prison  director  in  July  and  place  the  dep- 
uty director  on  indefinite  administrative  leave.  Vice  Minister  of  Government  and 
Justice  Martin  Torrijos  said  that  the  riots  were  not  the  DNC's  fault,  but  were  due 
to  overcrowding  caused  by  the  slow  pace  of  moving  criminal  cases  through  the 
courts. 

The  authorities  took  strong  disciplinary  measures  against  some  officers  implicated 
in  abuses.  The  Government  fired  tnree  PNP  guards  and  initiated  criminal  proceed- 
ing against  them  for  the  March  beating  death  of  Jose  Luis  Alvarado  at  Tinajitas 
Enson  (see  Section  l.a.).  The  Government  dismissed  six  civilian  guards  from  the 
iNC  and  opened  a  criminal  investigation  after  the  guards  severely  beat  inmate 
Carlos  Cisneros  at  La  Joya  prison  April  7.  The  Attorney  General's  office  announced 
in  March  that  it  would  ask  the  courts  to  summon  to  trial  11  former  PNP  guards 
for  the  July  27,  1996  mass  beating  of  inmates  at  La  Modelo  prison.  The  incident, 
which  was  filmed  by  a  television  news  crew  and  broadcast  nationwide,  prompted  the 
Government  to  evacuate  La  Modelo  and  demolish  it  in  December  1996. 

In  other  prison  beating  incidents,  the  authorities  publicly  denied  charges  of  exces- 
sive use  of  force.  At  El  Renacer  prison  on  March  2,  PNP  guards  recaptured  two  pris- 
oners after  an  abortive  escape  attempt.  The  guards  reportedly  stripped  the  two  men, 
chained  them  to  a  fence,  and  beat  them.  Witnesses  asserted  that  the  naked  men 
were  left  chained  and  repeatedly  doused  with  cold  water  by  guards  overnight.  PNP 
director  Jose  Luis  Sosa  publicly  denied  that  the  beating  had  occurred.  DNC  authori- 
ties claimed  to  have  investigated  the  incident  and  turned  the  report  over  to  the  At- 
torney General's  office,  but  the  Attorney  General  said  his  office  could  not  find  the 
report  in  question.  The  PNP  lieutenant  in  command  of  the  El  Renacer  guard  force, 
however,  was  subsequently  transferred. 

In  a  July  31  incident  at  La  Joyita  prison,  a  large  group  of  foreign  inmates  alleged 
that  they  were  attacked  by  guards  wnile  staging  a  peaceful  hunger  strike  to  protest 
prison  conditions.  According  to  the  inmates,  the  guards  hit  and  kicked  them,  and 
set  attack  dogs  on  them  while  they  were  seated  and  handcuffed.  Diplomatic  officials 
observed  numerous  severe  bruises  and  bite  marks  on  the  prisoners.  A  PNP  spokes- 
man insisted  that  the  prisoners  had  attacked  the  guards. 

The  DNC  largely  depends  on  PNP  officers,  inadequately  trained  for  prison  duty, 
to  supply  its  guard  force.  Civilian  correction  officers  or  "custodians"  handle  inmates 
within  La  Joya,  El  Renacer,  and  the  central  women's  prison  (which  uses  only  female 
guards).  The  DNC  has  authority  to  discipline  prison  guards  with  criminal  or  civil 
sanctions.  Five  DNC  custodians  were  arrested  in  March  after  investigators  accused 
them  of  complicity  in  the  escape  from  La  Joya  of  a  notorious  Mexican  drug  traf- 
ficker. Following  the  beating  death  of  Jose  Luis  Alvarado  (see  Section  I.e.),  legisla- 
tor Denis  Arce  of  the  Assembl/s  human  rights  commission  formally  proposed  cre- 
ation of  a  permanent  bureau  within  the  PNP  to  train  officers  in  human  rights  is- 
sues. 

At  the  new  La  Joyita  facility  for  minimum-security  inmates,  the  DNC  inaugurated 
several  new  prisoner  work  and  rehabilitation  programs,  including  a  bakery,  brick- 
making  facility,  and  agricultural  cultivation.  However,  these  programs  employed 
less  than  20  percent  of  La  Joyita's  1,233  inmates,  including  only  2  of  more  than  300 
foreign  inmates.  Foreign  financial  assistance  allowed  the  DNC  to  initiate  a  program 
of  medical  screening  for  all  new  inmates,  but  did  not  include  improved  regular  care 
for  the  existing  inmate  population. 

Following  instances  of  nostage-taking  in  September,  the  President  ordered  the 
PNP  to  replace  the  DNC  and  take  control  of  two  of  the  largest  prisons.  La  Joya  and 
La  Joyita.  Despite  protests  from  human  rights  groups  and  opposition  parties  that 
replacing  the  DNC  with  the  police  was  a  return  to  bad  former  practice,  the  Govern- 
ment justified  the  policy  by  displaying  over  2,000  knives  allegedly  confiscated  from 
prisoners.  Following  the  PNP  takeover  at  the  two  prisons,  inmates'  visitation  rights 
were  seriously  limited,  along  with  the  right  to  receive  gifts  from  visitors.  Overall 
conditions  in  the  prisons  did  not  change  substantially. 

The  number  of  trained  DNC  guards  in  other  national  prisons  is  inadequate  to  en- 
sure proper  security,  given  the  large  number  of  prisoners  and  generally  overcrowded 
conditions.  The  PNP  personnel  assigned  to  La  Joya  and  La  Joyita  have  no  formal 
training  as  prison  guards.  The  first  formal  training  class  of  approximately  140  cor- 
rections officers  graduated  from  the  PNP  Police  Academy.  In  its  1996  budget  re- 
quest, the  DNC  asked  for  funding  for  277  new  guard  positions,  but  none  were  ap- 
proved. Effective  prison  management  also  is  hampered  by  the  lack  of  consistent  na- 
tional operating  guidelines;  individual  prison  directors  are  free  to  establish  their 
own  procedures  without  effective  central  control  or  oversight.  Given  the  high  turn- 
over rate  among  directors,  this  system  leads  to  internal  administrative  confusion 
and  increases  directors'  susceptibility  to  corruption  and  abuse  of  authority. 


605 

The  prison  situation  in  Colon  remained  grim,  as  did  conditions  on  Coiba  Island 
Penal  Colony.  In  an  eflbrt  to  alleviate  problems  in  La  Joya  and  La  Joyita,  the  au- 
thorities transferred  many  prisoners  to  Coiba.  Many  of  them  have  not  yet  been 
tried,  and  the  distance  from  their  legal  counsel  is  a  serious  problem.  Prisoners  suffer 
from  malnutrition  and  shortages  of  potable  water,  and  medical  care  is  practically 
nonexistent.  Coiba  has  a  civilian  administrator,  but  its  guard  force  still  consists  of 
police  guards  instead  of  civilian  corrections  officers.  Geographic  isolation  and  lack 
of  communications  have  separated  detainees  from  their  attorneys  and  caused  many 
to  miss  trials.  Escapes  from  Coiba  are  reported  conmion.  Although  the  Government 
began  reducing  the  number  of  prisoners  at  Coiba  prior  to  closing  it,  the  recent  influx 
caused  the  inmate  population  to  once  again  increase.  The  Government  acknowledges 
it  must  keep  Coiba  open,  but  as  yet  has  made  no  provisions  to  upgrade  or  maintain 
the  facility. 

Conditions  at  women's  prisons  in  Panama  City  and  Chiriqui  province  and  at  the 
Juvenile  Detention  Center  were  noticeably  better  than  at  adult  male  prisons.  Even 
so,  female  prisoners,  especially  those  in  the  primary  detention  area,  reportedly  suf- 
fered from  overcrowding,  poor  medical  care,  and  lack  of  basic  supplies  for  personal 
hygiene. 

The  Government  generally  allows  prison  visits  by  independent  human  rights  mon- 
itors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  stipulates  that  arrests 
must  be  carried  out  with  a  warrant  issued  by  the  appropriate  authorities,  and  the 
Government  generally  respected  this  provision.  Exceptions  are  permitted  when  an 
officer  apprehends  a  person  during  the  commission  of  a  crime,  or  when  disrespect 
by  the  individual  toward  the  officer  prevents  the  officer  from  carrying  out  his  duty. 
The  law  requires  the  arresting  officer  to  inform  the  detainee  immediately  of  the  rea- 
sons for  arrest  or  detention  and  of  the  right  to  immediate  legal  counsel,  to  be  pro- 
vided by  the  State  for  the  indigent. 

The  Constitution  also  provides  for  judicial  review  of  the  legality  of  detention  and 
mandates  the  immediate  release  of  any  person  detained  or  arrested  illegally.  The 
Constitution  prohibits  police  from  detaming  suspects  for  more  than  24  hours  with- 
out bringing  them  before  a  competent  judicial  authority.  In  practice,  the  authorities 
often  violated  the  24-hour  time  limit  by  several  days.  Under  law  the  preliminary 
investigation  phase  may  last  8  days  to  2  months,  and  the  follow-on  investigation 
phase  another  2  to  4  months,  depending  on  the  number  of  suspiects.  Extensions  of 
these  limits  are  freauently  granted  by  tne  courts,  leaving  the  accused  in  detention 
for  a  long  period  witnout  having  been  formally  charged. 

Extended  pretrial  detention  continued  as  one  oi  the  most  serious  human  rights 
problems,  in  part  a  consequence  of  the  elaborate  notification  phase  in  crimmal 
cases.  Many  legal  authorities  (including  court  officials)  criticized  judges  for  excessive 
use  of  this  measure.  According  to  D^fC  statistics,  pretrial  detainees  composed  ap- 
proximately 65  percent  of  the  prison  population  as  of  July,  down  from  71  percent 
in  1996  and  78  percent  in  1995.  The  average  period  of  pretrial  custody  was  16 
months;  pretrial  detention  in  excess  of  the  maximum  sentence  for  the  alleged  crime 
was  common.  A  legal  mechanism  exists  to  hold  the  Government  financially  account- 
able in  cases  where  a  detainee  spends  more  than  1  year  in  jail  but  subsequently 
has  all  charges  dismissed  at  a  preliminary  hearing.  The  dismissal  must  be  either 
because  the  act  of  which  the  detainee  was  accused  is  not  ruled  a  crime  or  because 
there  is  no  evidence  to  link  the  suspect  to  the  crime.  Although  this  redress  proce- 
dure is  not  complicated,  few  former  detainees  have  employed  it. 

In  November  the  Legislative  Assembly  passed  a  law  intended  to  relieve  pressure 
on  the  clogged  prison  system  by  limiting  pretrial  detention.  The  new  law  requires 
judicial  authorities  to  replace  pretrial  detention  with  an  alternative  measure,  such 
as  house  arrest,  for  prisoners  whose  time  in  jail  awaiting  trial  exceeds  the  minimum 
penalty  for  the  crimes  they  allegedly  committed. 

In  March  Supreme  Court  magistrate  Aura  de  Villalaz  stated  that  the  use  of  pre- 
ventive detention  should  be  reserved  only  for  the  most  dangerous  suspects.  With 
broad  public  and  media  perception  of  judicial  corruption,  however,  judges  are  afraid 
to  impwse  bail  or  release  suspects  on  their  own  recognizance;  judges  apparently  fear 
being  subjected  to  accusations  of  corruption  or  of  endangering  public  safety.  In  June 
Supreme  Court  secretary  general  Carlos  Cuestas  said  that  the  systematic  applica- 
tion of  preventive  detention  refiected  a  "repressive  judicial  culture." 

The  Constitution  prohibits  exile;  there  were  no  reports  of  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary; however,  the  judiciary  is  susceptible  to  corruption  and  outside  infiuence,  in- 
cluding from  other  branches  of  government.  The  President  appoints  nine  Supreme 
Court  magistrates  to  10-year  terms,  subject  to  Legislative  Assembly  confirmation. 
The  Supreme  Court  magistrates  appoint  appellate  (Superior  Tribunal)  judges,  who, 


606 

in  turn,  appoint  circuit  and  municipal  court  iudges  in  their  respective  jurisdictions. 
The  Attorney  General,  who  heads  tne  Public  Ministry  jointly  with  the  Solicitor  Gen- 
eral, appoints  the  superior  and  circuit-level  prosecutors.  Appointments  are  supposed 
to  be  made  under  a  merit-based  system,  but  the  top-down  appointment  system  lends 
itself  to  political  tinkering  and  undue  interference  by  higher-level  judges  in  lower- 
level  cases  in  which  they  have  no  jurisdiction. 

At  the  local  level,  mayors  appomt  administrative  judges  who  exercise  jurisdiction 
over  minor  civil  and  criminal  cases  in  which  they  may  impose  fines  or  sentences  of 
up  to  1  year.  ITiis  system  has  serious  shortcomings:  defendants  lack  adequate  proce- 
dural safeguards,  officials  need  not  be  (and  normally  are  not)  attorneys,  and  some 
engage  in  corrupt  practices.  In  reality,  appeal  procedures  are  nonexistent.  More  af- 
fluent defendants  tend  to  pay  fines  while  poorer  defendants  go  to  jail,  one  of  the 
chief  factors  leading  to  prison  overcrowding. 

The  Constitution  provides  that  persons  charged  with  crimes  have  the  ri^t  to 
counsel,  to  be  presumed  innocent  until  proven  guilty,  to  refrain  from  incriminating 
themselves  or  close  relatives,  and  to  be  tried  only  once  for  a  given  offense.  If  not 
under  pretrial  detention,  the  accused  may  be  present  with  counsel  during  the  inves- 
tigative phase  of  the  proceeding.  Judges  can  order  the  presence  of  pretrial  detainees 
for  the  rendering  or  amplification  of  statements,  or  for  confronting  witnesses.  Trials 
are  conducted  orally  with  the  accused  present,  but  with  little  new  evidence  pre- 
sented beyond  that  in  the  case  file  compiled  bv  the  public  prosecutor.  The  Constitu- 
tion and  the  Criminal  Procedure  Code  provide  for  trial  by  jury  at  the  defendant's 
election,  but  only  in  criminal  cases  where  at  least  one  of  the  charges  is  murder. 

The  Constitution  obliges  the  Government  to  provide  public  defenders  for  the  indi- 
gent. However,  many  public  defenders  are  not  appointed  until  after  the  investigative 
phase  of  the  case,  a  serious  disadvantage  for  tne  defendant  since  it  is  during  this 
stage  that  the  prosecutor  produces  and  evaluates  the  bulk  of  the  evidence  and  de- 
cides whether  to  recommend  trial  or  the  dismissal  of  charges.  Public  defenders'  case- 
loads remained  staggering,  averaging  410  cases  per  attorney  in  1995.  Only  one  new 
public  defender  has  oeen  hired  since  1992,  making  a  total  of  36  nationwide,  while 
the  caseload  increased  74  percent  since  then.  This  heavy  workload  undermined  the 
quality  of  representation,  with  many  prisoners  meeting  their  public  defender  for  the 
first  time  on  the  day  of  trial. 

The  right  to  a  fair  and  independent  trial  was  seriously  compromised  in  the  case 
of  Jaime  Abad,  former  director  of  the  PTJ.  Based  on  dubious  evidence,  PRD  presi- 
dent Grerardo  Gonzalez  accused  Abad  of  hiding  or  manipulating  ballistics  test  re- 
sults in  the  investigation  of  Gonzalez's  son,  Pedro  Miguel,  for  the  1992  murder  of 
U.S.  serviceman  Zak  Hernandez  (see  Section  l.a.).  While  Abad  was  originally 
charged  with  a  misdemeanor,  the  charges  against  him  were  increased  to  felony 
counts  by  the  judge  at  his  preliminary  hearing  on  January  15  after  Gonzalez  clos- 
eted himself  with  the  judge  in  her  chambers  lor  50  minutes  prior  to  the  hearing. 
Despite  a  constitutional  provision  for  presumption  of  innocence,  the  judge  publicly 
stated  prior  to  the  preliminary  hearing  that  the  articles  of  the  Penal  Code  Abad  was 
charged  with  violating  "contain  the  conduct  carried  out  by  Abad."  In  the  months 
leading  up  to  his  trial,  Abad  and  his  attorneys  were  subjected  to  repeated  telephone 
threats  and  harassment,  which  the  Government  did  not  investigate.  Concerned  for 
his  the  safety  of  his  attorneys,  Abad  released  them  just  prior  to  his  trial  and  was 
conseqjuently  represented  by  an  ill-prepared  public  defender. 

Durmg  Aoad's  trial  in  June,  there  were  strong  suggestions  of  collusion  between 
the  judge,  the  government  prosecutor,  and  the  independent  prosecutor  hired  by  Gon- 
zalez (all  with  close  personal  ties  to  the  PRD).  The  judge  summoned  all  witnesses 
requested  by  the  prosecution,  while  denying  all  but  one  of  those  requested  by  Abad; 
that  defense  witness  received  a  threatening  visit  at  home  from  a  prosecution  wit- 
ness and  subsequently  declined  to  testify.  In  reviewing  the  case,  the  local  Center 
for  Human  Rights  Investigation  and  Legal  Assistance  (CIDHS)  stated  in  a  press  re- 
lease that  "Jaime  Abad  .  .  .  faces  a  judicial  process  in  which  there  are  clear  indica- 
tors that  it  has  been  the  subject  of  manipulation  by  interests  of  dubious  origin."  The 
CIDHS  further  concluded  that  Gonzalez  used  and  abused  his  political  power  to  ma- 
nipulate the  judicial  process  against  Abad  in  order  to  help  his  son  Pedro  Miguel 
Gonzalez.  The  trial  concluded  on  June  25.  In  August  Abad's  employer  was  harassed 
when  a  story  about  the  case  appeared  in  a  foreign  newspaper.  The  employer,  faced 
with  continuing  government  harassment,  dismissed  Abad.  In  November  the  judge 
in  the  Abad  case,  the  same  judge  who  presided  over  the  Clonzalez  trial,  excused  her- 
self from  the  case  and  a  new  judge  was  assigned.  On  December  15,  the  new  judge 
found  Abad  guilty  and  sentenced  him  to  3  years  in  prison,  but  reduced  the  sentence 
to  a  $1,500  fine.  Abad  said  that  he  would  refuse  to  pay  the  fine. 

A  small  number  of  lower  court  judges  were  disciplined  during  the  year  on  charges 
of  corruption  or  administrative  irregularities.   In  May  Attorney  General  Jose  A. 


607 

Sossa  asked  Supreme  Court  president  Arturo  Hoyos  to  investigate  four  judges  for 
possible  corruption,  after  the  judges  dismissed  charges  in  cases  that  the  Attorney 
General's  office  had  asked  be  brought  to  trial.  Hovos  declined  to  investigate  the 
judges,  saying  that  the  Attorney  General  had  failed  to  provide  sufficient  evidence 
of  wrongdoing  to  warrant  a  formal  inquiry.  Attorney  General  Sossa  also  denounced 
trial  lawyers  for  filing  spurious  motions  and  failing  to  show  up  for  hearings  in  order 
intentionally  to  delay  criminal  proceedings  against  their  clients. 

There  was  no  progress  in  resolving  the  impeachment  case  against  former  Supreme 
Court  magistrate  Jose  Manuel  Faundes.  The  Legislative  Assembly  conducted  im- 
peachment proceedings  against  Faundes  in  late  1996  on  charges  that  he  abused  his 
authority  aind  accepted  cash  payments  in  exchange  for  lenient  sentencing  and  treat- 
ment of  certain  prisoners,  including  narcotics  traffickers.  However,  the  Assembly 
could  not  muster  the  two-thirds  majority  vote  constitutionally  required  for  impeach- 
ment. As  a  result,  ruling  party  legislators  asked  the  Supreme  Court  to  declare  the 
two-thirds  clause  unconstitutional  in  order  to  be  able  to  impeach  Faundes  by  a  sim- 
ple majority  vote.  All  nine  sitting  Supreme  Court  magistrates  subsequently  recused 
themselves  from  the  case,  leaving  the  decision  in  the  hands  of  their  alternates  who 
have  given  no  indication  of  when  they  will  render  a  decision.  In  late  1997,  some  of 
the  alternate  judges  recused  themselves  as  well.  Government  opponents  accused  the 
President  of  unduly  influencing  the  Supreme  Court  in  this  case. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  the  home,  private  papers,  and  tele- 
phonic communications.  The  authorities  may  not  enter  private  residences  except 
with  the  owner's  permission,  or  by  written  order  from  the  appropriate  authority  for 
specific  purposes.  These  may  include  entry  to  assist  the  victims  of  crime  or  disaster, 
or  to  conduct  lawful  health  and  safety  inspections.  The  authorities  may  not  examine 

{>rivate  papers  and  correspondence,  except  as  properly  authorized  by  competent 
egal  authority  and  in  the  presence  of  the  owner,  a  family  member,  or  two  neigh- 
bors. The  Grovemment  generally  respected  these  rights.  However,  there  were  com- 
plaints that  in  some  cases  police  failed  to  follow  legal  requirements  and  conducted 
unauthorized  searches  of  private  residences. 

Although  the  Constitution  prohibits  all  wiretapping,  the  Government  maintains 
that  wiretapping  with  judicial  approval  is  legal.  Under  the  guidelines  established 
by  antinarcotics  legislation  passed  in  July  1994,  the  Public  Ministry  may  engage  in 
undercover  operations,  including  "videotaping  and  recording  of  conversations  and 
telephonic  communications."  The  Supreme  Court  has  not  issued  a  definitive  ruling 
on  whether  wiretapping  is  constitutional  and,  if  so,  under  what  circumstances. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Grovemment  generally  respects  these  rights  in  practice. 
However,  in  a  case  that  provoked  a  wave  of  domestic  and  international  criticism, 
the  Government  tried  to  expel  Peruvian  journalist  Gustavo  Gorriti,  associate  editor 
of  the  daily  newspaper  La  Prensa.  In  August  the  Labor  Minister  refused  to  renew 
Gorriti's  work  permit,  citing  a  1978  law  that  requires  directors  and  deputy  directors 
of  media  outlets  to  be  Panamanian  citizens.  According  to  media  representatives,  the 
Government's  true  motive  for  expelling  Gorriti  was  the  embarrassment  that  his  in- 
vestigative reports  caused  relatives  and  close  associates  of  President  Perez 
Balladares. 

The  decision  to  expel  Gorriti  was  denounced  by  local  and  international  media  and 
human  rights  organizations,  prominent  authors  John  Le  Carre  and  Mario  Vargas 
Llosa,  and  the  new  human  rights  ombudsman,  Italo  Antinori.  All  condemned  the 
move  as  an  attack  on  the  freedom  of  the  press  and  called  on  the  President  to  reverse 
the  decision  to  deport  Gorriti.  On  August  18,  the  Inter-American  Commission  on 
Human  Rights  (lACHR)  issued  a  request  for  precautionary  measures  calling  on  the 
Government  to  suspend  deportation  proceedings  against  Gorriti  until  the  lACHR 
could  rule  on  the  full  complaint.  The  Government  suspended  its  September  deporta- 
tion order  pending  court  resolution  of  legal  appeals  oy  La  Prensa.  In  October  the 
Government  agreed  to  allow  Gorriti  to  remain  in  the  country  and  promised  to  seek 
revocation  of  the  1978  law;  La  Prensa  agreed  to  change  Gorriti's  title.  At  year's  end, 
however,  the  1978  law  remained  in  effect. 

There  is  an  active  and  often  adversarial  press  and  a  broad  range  of  electronic  and 
print  media  outlets,  including  foreign  television  and  radio  broadcasts,  cable  stations, 
and  newspapers.  Six  national  daily  newspapers,  3  commercial  television  stations,  2 
educational  television  stations,  and  over  95  radio  stations  provide  a  broad  choice  of 
informational  sources;  all  are  privately  or  institutionally  owned.  While  many  media 
outlets  took  identifiable  editorial  positions,  the  media  carried  a  wide  variety  of  polit- 


608 

ical  commentaries  and  other  perspectives,  both  local  and  foreign.  There  was,  how- 
ever, a  noticeable  trend  toward  concentration  of  control  of  television  outlets  in  the 
hands  of  close  relatives  and  associates  of  the  President.  The  President's  cousin,  pre- 
vious owner  of  one  of  the  three  commercial  television  stations,  acquired  control  of 
a  second,  and  also  bought  a  majority  stake  in  the  principal  cable  television  provider. 
The  latter  acquisition  coincided  with  a  sudden  decision  by  the  Grovernment  to  cancel 
a  previously  granted  operating  concession  to  a  foreign  firm  to  offer  cable  service. 

Panamanian  and  foreign  journalists  worked  and  traveled  freely  throughout  the 
country.  An  employee  of  the  Attorney  General's  office  was  administratively  sanc- 
tioned in  February  after  he  hit  and  kicked  two  television  cameramen  attempting  to 
film  a  news  story.  Also  in  February,  the  president  of  the  Panamanian  Society  of 
Journalists  accused  police  agents  of  intimidation  tactics  when  the  agents  took  photo- 
graphs of  journalists  emerging  from  a  press  conference  called  by  lawyers  represent- 
ing a  prominent  Colombian  drug  trafficking  suspect.  PNP  Director  Sosa  later  in- 
sisted that  the  incident  never  occurred.  In  August  the  Government  brought  to  trial 
a  former  PNP  officer  accused  of  attacking  and  injuring  a  television  cameraman,  and 
damaging  his  equipment,  when  the  cameraman  tried  to  film  a  police  operation  in 
1993. 

Under  "gag  laws"  dating  from  the  military  dictatorship,  the  Government  has  legal 
authority  to  prosecute  media  owners  and  reporters  for  criminal  libel  and  calumny. 
A  special  executive  branch  authority  has  discretionary  powers  to  administer  the 
libel  laws,  which  provide  for  fines  and  up  to  2  years  in  prison.  Under  the  statute, 
opinions,  comments,  or  criticism  of  government  officials  acting  in  their  official  capac- 
ity are  specifically  exempted  from  Rbel  prosecution,  but  a  section  of  the  law  allows 
for  the  immediate  discipline  of  journalists  who  show  "disrespect"  for  the  office  of  cer- 
tain government  officials.  This  law  was  not  employed  during  1997. 

During  the  year  numerous  groups  representing  press  interests  called  on  the  Gov- 
ernment to  eluninate  the  gag  laws  as  inconsistent  with  democratic  freedom  of  ex- 
gression.  Addressing  the  Inter-American  Press  Association  meeting.  President  Perez 
alladares  said  that  the  prospect  of  sending  a  journalist  to  jail  for  carrying  out  his 
proper  social  role  was  '  inaamissible."  The  President  said  that  his  Government 
would  guarantee  freedom  of  expression,  and  promised  to  introduce  legislation  to  de- 
criminalize the  libel  and  calumny  clauses  of  the  gag  laws.  However,  no  such  action 
was  initiated  in  the  legislative  session. 

In  March  a  superior  court  turned  down  an  appeal  by  President  Perez  Balladares 
contesting  an  October  1996  lower  court  ruling  that  absolved  an  associate  director 
of  La  Prensa  of  libel  charges.  The  President  originally  brought  the  charges  over  re- 
mains in  a  November  1993  column  about  PRD  party  leaders,  including  Perez 
Balladares.  In  February  a  superior  court  upheld  the  right  of  La  Prensa  employees 
to  sue  the  Government  for  civil  damages  stemming  from  the  forced  closure  of  the 
newspaper  by  the  Noriega  regime  from  February  1988  to  December  1989. 

The  press  laws  provide  for  the  establishment  of  a  censorship  board.  There  were 
no  reports  that  the  board  took  any  formal  restrictive  actions,  although  its  director, 
Eurindia  Cordoba  de  Rodriguez,  publicly  warned  in  July  that  the  board  was  mon- 
itoring radio  transmissions  and  could  fine  stations  that  violate  norms  against  vul- 
garity and  profanity. 

The  law  provides  for  academic  freedom,  which  was  generally  respected  in  both 
public  and  private  universities.  However,  in  July  officials  at  the  University  of  Pan- 
ama took  steps  to  silence  two  prominent  professors  who  publicly  alleged  corrupt 
practices  at  the  university  and  called  on  the  national  comptroller's  office  to  conduct 
an  audit.  One  of  the  professors  also  denounced  intimidating  pressure  tactics  by  the 
university  administration  to  oblige  employees  to  back  efTorts  by  the  university  rector 
to  get  himself  reelected.  University  officials  initiated  disciplinary  proceedings 
against  the  two  professors  that  could  lead  to  their  expulsion,  under  provisions  of  the 
university  code  of  ethics  which  prohibits  employees  irom  making  "insulting"  or  "de- 
structive criticisms  to  the  press.  In  a  letter  to  the  university  rector,  published  in 
local  media.  Human  Rights  Watch/Americas  protested  the  alleged  persecution  of  the 
two  professors  and  admonished  the  rector  to  suspend  the  disciplinary  actions  imme- 
diately. New  human  rights  ombudsman  Italo  Antinori  also  denounced  the  measures 
as  a  clear  attack  on  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  peaceful  assembly.  The  Government  generally  respects  this  right  in 
practice.  No  authorization  is  needed  for  outdoor  assembly,  although  prior  notifica- 
tion for  administrative  purposes  is  required. 

Overall,  police  response  to  public  protests  proved  restrained  and  professional,  de- 
spite what  was  frequently  great  provocation  from  unruly  and  violent  demonstrators. 
Police  showed  restraint  while  monitoring  very  large  protest  marches  during  the  year 
by  civil  servants  and  teachers.  Academic  authorities  temporarily  closed  several  high 


609 

schools  after  protesting  students  closed  major  streets  and  vandalized  public  prop- 
erty. Numerous  groups  criticized  the  police  for  excessive  use  of  force  on  August  13, 
when  police  used  rubber  bullets  and  tear  gas  to  break  up  a  protest  in  front  of  the 
U.S.  embassy  after  protesters  began  throwing  objects  at  the  building.  One  protester 
had  a  finger  severed  by  a  rubber  bullet;  the  police  claimed  that  the  protester  had 
grabbed  the  muzzle  of  a  policeman's  weapon  just  as  it  discharged. 

The  Constitution  provides  for  the  right  oi  association,  and  the  Government  gen- 
erally respects  this  right  in  practice.  Citizens  have  the  right  to  form  associations 
and  professional  or  civic  groups.  They  may  form  and  organize  political  parties  freely, 
although  new  parties  must  meet  strict  membership  and  organizational  standards  in 
order  to  gain  official  recognition  and  participate  in  national  campaigns. 

c.  Freedom  of  Religion. — The  Constitution,  although  recognizing  Catholicism  as 
"the  religion  of  the  majority  of  Panamanians,"  provides  for  free  exercise  of  all  reli- 

S'ous  beliefs,  provided  that  "Christian  morality  and  public  order"  are  respected.  The 
ovemment  imposes  no  limitations  in  practice,  and  there  is  a  broad  diversity  of  reli- 
gions. The  Constitution  prohibits  clerics  from  holding  public  office,  except  as  related 
to  social  assistance,  education,  or  scientific  research. 

In  February  the  Government  filed  criminal  charges  against  a  pastor  and  20  other 
local  members  of  the  U.S.-based  "Children  of  God'  sect  on  charges  of  physical  and 
sexual  abuse  of  sect  members'  children.  Also  in  February  the  general  congress  of 
Kuna  Yala,  governing  body  of  Kuna  indigenous  tribes  in  the  region  of  San  Bias, 
passed  a  resolution  alnrming  the  official  status  of  traditional  belieis  and  prohibiting 
the  entrance  of  new  religious  sects  beyond  those  already  established  in  the  area. 
Government  officials  discounted  the  resolution,  and  said  that  it  was  unconstitu- 
tional and  would  not  be  enforced. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice.  The  Government  enforced  exit  permit  requirements  for  for- 
eigners who  overstayed  their  initial  visas.  A  9:00  p.m.  curfew  for  minors  under  18 
years  of  age  in  the  Panama  City  and  San  Miguelito  districts  of  Panama  province, 
imposed  in  1992,  remained  in  effect.  Police  enforcement  of  the  curfew  was  uneven, 
with  strictest  compliance  focused  on  high-crime  areas. 

Panama  is  a  member  of  the  1951  U.N.  Convention  Relating  to  the  Status  of  Refu- 
gees and  its  1967  Protocol  and  is  a  party  to  the  1984  Cartagena  Declaration.  In 
April  the  Government  provided  first  asylum  (including  food,  clothing,  and  medical 
care)  to  approximately  200  Colombians  who  had  entered  the  Darien  region  fleeing 
violence  by  paramilitary  and  guerrilla  groups  in  their  home  regions.  Representatives 
of  the  U.N.  High  Commissioner  for  Refugees  (UNHCR),  concerned  about  the  repatri- 
ation of  a  previous  group  of  Colombians  in  November  1996,  arrived  in  Panama  in 
response  to  the  situation.  They  received  assurances  from  the  Minister  of  Govern- 
ment and  Justice  that  no  precipitous  action  would  be  taken  to  return  the  Colom- 
bians, and  that  the  UNHCR  would  have  access  to  them.  Shortly  thereafter,  however, 
the  Government  repatriated  the  Colombians  in  conjunction  with  the  Government  of 
Colombia,  and  the  UNHCR  was  not  permitted  to  interview  group  members  prior  to 
the  Government's  action.  The  Government  maintained  that  the  repatriation  was 
completely  voluntary.  A  UNHCR  representative  was  later  able  to  locate  and  inter- 
view some  Colombians  who  fled  into  the  jungle  to  escape  the  repatriation,  as  well 
as  PNP  officers  who  assisted  in  the  operation.  Based  on  those  interviews,  the 
UNHCR  determined  that  the  repatriation  was  a  forcible  return,  and  U.N.  High 
Commissioner  Sadako  Ogata  sent  a  formal  protest  letter  to  President  Perez 
Balladares.  Several  UNHCR  member  countries  also  protested  on  UNHCR's  behalf, 
and  the  Government's  action  was  criticized  by  Human  Rights  Watch  and  Amnesty 
International. 

The  Government  maintains  that  it  did  nothing  improper  in  repatriating  the  Co- 
lombians. The  Government  insists  that  it  is  qualified  on  its  own  to  determine  who 
is  entitled  to  refugee  status  and  that  the  1951  Convention  and  the  1967  Protocol 
were  not  applicable  because  the  Colombians  were  not  fleeing  persecution  by  their 
government.  The  Government  also  rejected  the  applicability  of  the  1984  Cartagena 
Declaration,  asserting  that  it  is  not  a  formal  treaty  and  therefore  does  not  have  the 
force  of  law.  The  Government  said  that  it  did  not  consider  that  a  situation  of  gener- 
alized violence  existed  in  Colombia  from  which  displaced  persons  were  fleeing.  Fol- 
lowing the  April  repatriation,  the  UNHCR  entered  into  discussions  with  the  Govern- 
ment to  draft  a  contingency  plan  for  the  possible  future  entry  of  large  groups  of  Co- 
lombians. As  of  mid-August,  UNHCR  representatives  reported  that  they  had  ad- 
vanced on  some  points  in  their  talks  with  the  Government,  but  that  significant  dif- 
ferences remain  over  the  legal  framework  for  UNHCR  involvement. 


610 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  this  right  and  last  exercised  it  in  the  1994  general  elections.  The 
Constitution  provides  for  a  representative  democracy  with  direct  popular  election  by 
secret  ballot  of  the  President,  two  vice  presidents,  legislators,  and  local  representa- 
tives every  5  years.  While  the  Constitution  provides  lor  independent  legislative  and 
i'udicial  branches,  in  practice  the  executive  dominates.  The  independent  National 
electoral  Tribunal  arranges  and  supervises  elections.  The  Government  respected  the 
rights  of  its  citizens  to  join  any  political  party,  propagate  their  views,  and  vote  for 
candidates  of  their  choice. 

During  the  year,  the  governing  party  launched  an  effort  to  amend  the  Constitu- 
tion to  allow  reelection  of  the  President  to  a  second  consecutive  term.  In  November 
the  Legislative  Assembly  approved  a  draft  amendment  permitting  reelection;  the 
amendment  must  be  approved  again  by  the  next  session  of  the  legislature,  which 
commences  in  March  1998,  and  then  by  a  popular  referendum. 

There  are  no  legal  barriers  to  participation  by  women,  members  of  minorities,  or 
persons  of  indigenous  descent,  but  they  are  generally  underrepresented  in  govern- 
ment and  politics.  Women  hold  5  of  72  Legislative  Assembly  seats  and  1  of  11  cabi- 
net positions.  The  mayor  of  Panama  City  is  a  woman,  as  are  the  provincial  gov- 
ernors of  Panama,  Herrera,  and  Colon  provinces,  and  the  leader  of  the  major  opposi- 
tion party. 

The  Government  provides  semi-autonomous  status  to  several  indigenous  groups 
in  their  homelands,  including  the  Kuna  Yala,  Ngobe-Bugle,  Madugandi,  and 
Embera-Wounaan  reserves.  The  Kuna  Yala  of  San  Bias  have  two  representatives  in 
the  Legislative  Assembly,  proportionate  to  their  share  of  the  population. 

Locmly,  each  reserve  is  governed  by  tribal  chiefs,  who  meet  in  a  general  congress 
at  regular  intervals.  Neither  the  Madugandi  nor  the  Embera-Wounaan  reserve  has 
its  own  dedicated  legislators,  but  each  has  a  separate  governor.  The  large  Ngobe- 
Bugle  reserve,  created  in  March,  will  ultimately  lead  to  the  election  of  new  legisla- 
tors from  the  area  when  district  realignments  are  completed. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Human  rights  organizations,  including  both  religious  and  secular  groups,  operated 
without  government  restrictions.  These  organizations  carried  out  a  full  range  of  ac- 
tivities, including  investigations  and  dissemination  of  their  findings.  Organizations 
generally  had  access  to  government  officials  while  conducting  investigations,  al- 
though UNHCR  representatives  complained  after  the  April  repatriation  of  Colom- 
bians that  government  officials  outside  of  ONPAR  (the  Government's  refugee  agen- 
cy) initially  refused  to  meet  with  them.  Criticism  of  government  actions  by  inter- 
national organizations  were  widely  reported  by  the  media. 

On  February  5,  President  Perez  Balladares  signed  into  law  the  bill  creating  the 
new  office  of  "Defender  of  the  People"  (Human  Rights  Ombudsman).  Despite  opposi- 
tion concerns  about  a  change  in  selection  procedures  from  the  original  bill,  the  Leg- 
islative Assembly  on  June  27  elected  pohtically  independent  constitutional  law 
scholar  Italo  Antinori  as  the  first  ombudsman;  human  rights  groups  acknowledged 
that  the  Assembly  carried  out  the  selection  and  voting  procedures  in  a  free  and  fair 
fashion.  Antinori  s  candidacy  gained  broad  multipartisan  support,  which  the  Presi- 
dent characterized  at  Antinori's  swearing-in  as  'strengthening  the  institution  and 
dissipating  any  doubts  about  its  viability." 

The  ombudsman  has  broad  powers  to  investigate  complaints  of  human  rights 
abuses  and  publicize  findings,  but  no  coercive  authority,  depending  instead  on  moral 
suasion.  The  initial  6  months  of  his  term  were  to  be  a  "start-up"  period  to  organize 
the  office  and  hire  personnel.  However,  in  a  speech  on  August  12,  Antinori  said  that 
he  was  already  receiving  over  100  calls  a  day  with  complaints.  Antinori  expressed 
frustration  that,  despite  guarantees  in  the  ombudsman  legislation  of  an  adequate 
operating  budget,  the  Government  had  not  provided  the  new  institution  with  fund- 
ing. Antmori  charged  that  the  Government  had  tried  to  "fence  him  in"  through  eco- 
nomic pressures.  Government  spokesmen  attributed  the  lack  of  funding  to  the  of- 
fice's creation  in  the  middle  of  the  fiscal  year.  After  considerable  adverse  publicity, 
the  Government  provided  funds  for  the  office,  which  was  expected  to  open  in  Janu- 
ary 1998. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 
The  Constitution  prohibits  either  special  privileges  or  discrimination  on  the  basis 
of  race,  birth  status,  social  class,  sex,  religion,  or  political  views.  Nevertheless,  soci- 
ety still  harbors  many  prejudices  based  primarily  on  social  status.  Cases  of  discrimi- 


611 

nation  are  difficult  to  prove,  and  legal  remedies  for  victims  are  complicated,  time- 
consuming,  and  costly. 

Women. — Domestic  violence  against  women  continued  to  be  a  serious  problem, 
and  local  justices  processed  thousands  of  domestic  violence  cases.  The  Center  for  the 
Development  of  the  Woman  estimated  that  victims  report  as  few  as  20  percent  of 
sexual  assaults  to  judicial  or  law  enforcement  authorities.  The  Foundation  for  the 
Promotion  of  the  Woman,  among  other  women's  advocacy  groups  and  government 
agencies,  operated  programs  to  assist  victims  of  abuse,  and  to  educate  women  on 
their  legal  rights.  The  1995  Family  Code  criminalizes  family  violence,  including  psy- 
chological, physical,  or  sexual  abuse. 

In  addition  to  domestic  violence,  sexual  harassment  is  a  serious  threat  to  the 
ec^ual  status  of  women  in  society.  According  to  a  report  by  the  Latin  American  Com- 
nuttee  for  the  Defense  of  Women,  in  1995  about  70  percent  of  female  government 
employees  reported  having  endured  sexual  harassment  in  the  workplace,  42  percent 
by  their  immediate  supervisors  and  18  percent  by  even  more  senior  supervisors. 
Since  a  bill  to  criminalize  sexual  harassment  failed  to  pass  the  legislature  in  1995, 
no  further  legislation  has  been  introduced.  The  Government  fired  one  of  Panama's 
representatives  to  the  Central  American  Parliament  in  March  after  a  female  sec- 
retary accused  him  of  sexual  harassment  and  abuse.  The  Government  acted  after 
the  presidency  of  the  Parliament  sent  a  formal  complaint  regarding  the  representa- 
tive 8  conduct. 

The  1995  Family  Code  recognizes  joint  or  common  property  in  marriages.  Insuffi- 
cient resources,  however,  hampered  government  efforts  effectively  to  enforce  the 
Code's  provisions. 

The  Constitution  mandates  equal  pay  for  men  and  women  in  equivalent  jobs,  but 
wages  paid  to  women  are  often  lower  and  increase  at  a  slower  rate.  Although  statis- 
tics are  lacking,  there  are  credible  reports  of  hiring  practices  based  on  age  and 
"attractiveness.  Following  layoffs  at  the  Social  Security  Administration  in  April,  a 
group  of  female  doctors  accused  administrators  of  discriminating  against  pregnant 
employees  by  not  renewing  their  work  contracts.  Social  security  officials  said  that 
the  nonrenewals  were  due  to  regular  personnel  reductions,  but  the  employees 
claimed  that  they  were  singled  outlsecause  administrators  believed  that  the  women 
had  gotten  pregnant  to  avoid  being  laid  off. 

A  number  of  private  women's  rights  groups,  including  groups  for  indigenous 
women,  concentrate  on  disseminating  information  about  women's  rights,  countering 
domestic  abuse,  enhancing  employment  and  other  skills,  and  pressing  for  legal  re- 
forms. The  Foundation  for  the  Promotion  of  the  Woman  said  tnat  it  provided  coun- 
seling assistance  to  555  women  in  1995  (latest  data  available),  principally  in  the 
areas  of  legal  advice,  alimony,  physical  abuse,  and  family  disputes. 

Children. — Minors  (under  18  years  of  age)  represent  48  percent  of  the  population. 
Education  of  children  is  compulsory  through  the  equivalent  of  ninth  grade.  The  Grov- 
emment  furnishes  basic  health  care  for  children  through  local  clinics  run  by  the 
Ministry  of  Health;  a  central  children's  hospital  in  Panama  City  operates  on  govern- 
ment funds  as  well  as  private  donations. 

The  Superior  Tribunal  for  Minors  and  Superior  Tribunal  for  Families  are  judicial 
authorities  charged  with  overseeing  the  protection  and  care  of  minors.  The  Govern- 
ment has  no  specific  office  charged  with  protecting  children's  rights,  although  the 
office  of  the  First  Lady  has  assumed  an  advocacy  role  on  some  children's  issues.  In 
March  the  First  Lady's  office,  in  conjunction  with  the  Ministry  of  Education,  signed 
an  agreement  with  the  United  Nations  Children's  Fund  to  sponsor  new  education 

firograms  for  street  children  and  school  dropouts.  Many  children  continue  to  suffer 
rom  malnutrition,  neglect,  and  inadequate  medical  care.  Malnourishment  is  lowest 
in  urban  areas,  and  highest  among  rural  indigenous  groups. 

Juvenile  courts  report  a  high  incidence  of  juvenile  delinquency  in  major  urban 
areas.  The  authorities  particularly  report  an  increase  in  crimes  attributed  to  juve- 
nile gangs,  including  drug  trafficking,  armed  robberies,  kidnapings,  car  thefts,  and 
murders.  Following  two  highly  publicized  murders  of  taxi  drivers  by  juveniles  in 
April  and  May,  President  Perez  Balladares  said  that  n.inors  who  commit  serious 
crimes  should  be  tried  as  adults.  A  PRD  legislator  introduced  a  bill  in  May  to  reform 
the  Family  Code  to  allow  serious  juvenile  offenders  to  be  tried  and  punished  as 
adults.  Children's  advocacy  groups,  including  the  Catholic  Church  and  the  First 
Lady's  office,  openly  oppx)sed  the  measure.  No  action  has  been  taken  on  the  bill  by 
the  legislature. 

People  With  Disabilities. — The  Workers  with  Disabilities  Office  of  the  Department 
of  Laoor  and  Social  Welfare  is  responsible  for  government  policy  and  support  for 
citizens  with  disabilities  and  for  placing  qualified  disabled  workers  with  employers. 
The  office  was  in  charge  of  implementing  a  June  1993  executive  order  that  provided 
employers  with  tax  incentives  for  hiring  people  with  disabilities  but  has  had  only 


612 

minimal  success.  Although  some  public  buildings  and  retail  stores  have  access 
ramps  for  disabled  people,  no  law  or  regulation  compels  the  installation  of  facili- 
tated access  features  in  public  or  private  buildings. 

Indigenous  People. — Indigenous  people  number  approximately  194,000  (8  percent 
of  the  population)  and  have  the  same  political  and  legal  rights  as  other  citizens.  The 
Constitution  protects  the  ethnic  identity  and  native  languages  of  indigenous  people, 
requiring  the  Government  to  provide  bilingual  literacy  programs  in  indigenous  com- 
munities. Indigenous  people  nave  legal  rights  and  take  part  in  decisions  aflectLng 
their  lands,  cultures,  traditions,  and  the  auocation  of  natural  resources.  The  Family 
Code  recognizes  traditional  indigenous  cultural  marriage  rites  as  the  equivalent  of 
a  civil  ceremony.  The  Ministiy  of  Government  and  Justice  maintains  a  Directorate 
of  Indigenous  Policy.  The  Legislative  Assembly  also  has  an  Indigenous  Affairs  Com- 
mission to  address  charges  that  the  Government  has  neglected  indigenous  needs. 
Despite  legal  protection  and  formal  equality,  indigenous  people  generally  endure  rel- 
atively higher  levels  of  poverty,  disease,  malnutrition,  and  illiteracy  tnan  the  rest 
of  the  population.  Discrimination,  although  generally  not  overt,  is  widespread. 

Since  rural  indigenous  populations  inirequently  master  Spanish  well  enough  to 
use  appropriate  legal  terminology,  they  often  have  difficulty  understanding  their 
rights  under  the  law  and  defending  themselves  in  court.  The  indigenous  population 
has  grown  increasingly  vocal  in  requesting  that  the  Government  grant  it  more  au- 
tonomy by  creating  more  indigenous  reserves  or  expanding  existing  ones.  In  re- 
sponse to  demands  oy  the  Ngobe-Bugle  indigenous  tribes  (among  the  most  vocal  and 
numerically  the  country's  largest)  for  increased  autonomy,  the  President  on  March 
7  signed  a  bill  creating  a  "comarca,"  or  semiautonomous  reserve,  for  the  groups.  The 
694,000-hectare  reserve  (9  percent  of  the  national  territory),  stretching  across  por- 
tions of  three  provinces,  had  been  demanded  by  the  Ngobe-Bugle  during  more  than 
two  decades  oi  appeals  and  protest  marches. 

While  some  indigenous  leaders  expressed  satisfaction  with  creation  of  the  reserve, 
others  complained  that  the  Government  had  pushed  through  the  enabling  legisla- 
tion without  consulting  tribal  authorities,  and  had  ignored  key  indigenous  demands. 
A  key  point  of  contention  remains  the  disposition  of  private  mining  concessions  on 
lands  within  the  new  reserve.  Indigenous  leaders  wanted  formal  demarcation  of  the 
reserve  to  give  them  veto  power  over  mining  concessions  granted  by  the  Govern- 
ment. The  new  law  cites  tne  Constitution  as  allocating  exclusive  control  of  sub- 
surface mineral  deposits  to  the  State.  Ngobe-Bugle  activists  vowed  to  continue  pro- 
testing further  mineral  exploitation  in  their  territory.  Tribal  leaders  also  complained 
in  July  that  mayors  of  towns  located  within  the  new  limits  of  the  reserve  are  refus- 
ing to  respect  tribal  laws  and  decisions  by  tribal  councils.  The  Government  began 
the  process  of  demarcating  electoral  districts  within  the  new  reserve  to  allow  resi- 
dents to  participate  in  the  1999  elections.  The  Government  expected  to  complete  the 
demarcation  process  in  January  1998. 

Police  clashed  in  June  with  Ngobe-Bugle  squatters  on  private  property  in  Bocas 
del  Toro  province.  The  indigenous  residents,  who  had  lived  in  the  area  for  over  20 
years,  resisted  police  attempts  to  evict  them  after  the  property  was  sold  to  a  new 
owner.  In  a  violent  confrontation  on  June  17,  police  shot  and  killed  one  protester 
and  several  others  were  slightly  injured  in  the  melee  (see  Section  l.a.).  Protesters 
temporarily  captured  and  tortured  one  PNP  officer.  The  Government  subsequently 
purchased  40  hectares  of  land  nearby  on  which  to  resettle  the  protesters  and  agreed 
to  provide  the  community  with  a  school,  health  clinic,  and  access  to  potable  water 
and  electricity. 

National  / Racial  / Ethnic  Minorities. — The  law  prohibits  discrimination  against 
any  social,  religious,  or  cultural  group;  however,  naturalized  citizens  may  not  hold 
certain  categories  of  elective  ofTice.  There  is  some  evidence  that  a  constitutional  pro- 
vision reserving  retail  trade  to  Panamanian  citizens  originally  was  directed  at  Chi- 
nese immigrants,  but  government  ofTicials  have  stated  that  it  serves  as  a  barrier 
to  prevent  foreign  retail  chains  from  operating  in  the  country.  The  measure  is  not 
enforced  in  practice,  however.  Chinese,  Middle  Eastern,  and  Indian  residents,  as 
well  as  citizens  of  Chinese  and  Indian  descent,  operate  much  of  the  retail  trade,  par- 
ticularly in  urban  areas.  Leaders  of  the  over  100,000-member  East  Asian  and  South 
Asian  communities  credibly  claimed  that  Panamanian  elites  treat  Panamanian-resi- 
dent Chinese  and  Indians  as  well  as  citizens  of  Asian  origin  as  second-class  citizens. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Private  sector  workers  have  the  right  to  form  and 
join  unions  of  their  choice,  subject  to  registration  by  the  Government.  A  labor  code 
reform  package  signed  in  1995  significantly  increased  workers'  ability  to  establish 
unions.  The  reforms  streamline  the  accreditation  and  registration  process  for 
unions,  reduce  the  minimum  size  from  50  to  40  workers,  and  cut  the  Government's 


613 

required  response  time  on  applications  from  2  months  to  15  days.  In  the  event  the 
Government  does  not  respond  within  this  time  frame,  the  union  automatically  gains 
recognition  and  is  accorded  all  rights  and  privileges  under  the  law. 

According  to  Ministry  of  Labor  statistics,  approximately  10  percent  of  the  total 
employed  labor  force  is  organized.  There  are  257  active  unions,  grouped  under  6 
comederations  and  48  federations  representing  approximately  73,300  members  in 
the  private  sector.  Neither  the  Government  nor  the  political  parties  control  or  finan- 
cially support  unions. 

The  1994  Civil  Service  Law  permits  most  government  workers  to  form  public  em- 
ployee associations  and  federations  and  establishes  their  right  to  represent  members 
in  collective  bargaining  with  their  respective  agencies.  It  also  provides  most  workers 
with  the  right  to  strike,  except  for  certain  government  workers  in  areas  vital  to  pub- 
lic welfare  and  security,  such  as  the  police  and  health  workers  and  those  employed 
by  the  U.S.  military  forces  and  the  Panama  Canal  Commission.  The  Government 
fired  striking  air-trafiic  controllers  in  late  1996,  citing  labor  law  provisions  defining 
essential  services.  The  fired  controllers  sought  redress  but  were  never  reinstated  in 
their  jobs.  F*ublic  sector  workers  are  lobbying  the  Government  to  have  their  associa- 
tions accorded  formal  "union"  status. 

The  new  Labor  Code  addressed  some  longstanding  concerns  of  the  International 
Labor  Organization  (ILO).  The  code  no  longer  makes  labor  leaders  automatically  in- 
elirible  to  keep  their  union  positions  if  they  are  fired  from  their  jobs. 

Union  organizations  at  every  level  may  and  do  afBliate  with  international  bodies. 

b.  The  night  to  Organize  and  Bargain  Collectively. — The  Labor  Code  provides 
most  workers  with  the  right  to  organize  and  bargain  collectively,  and  unions  widely 
exercise  it.  The  law  protects  union  workers  from  antiunion  discrimination  and  re- 

?uires  employers  to  reinstate  workers  fired  for  union  activities.  The  Ministry  of 
labor  has  mechanisms  to  resolve  complaints  against  antiunion  employers.  The  Civil 
Service  Law  allows  most  public  employees  to  organize  and  bargain  collectively  and 

grants  them  a  limited  ri^t  to  strike.  The  Labor  Code  establishes  a  conciliation 
oard  in  the  Ministry  of  Labor  to  resolve  labor  complaints  and  provides  a  procedure 
for  arbitration.  Using  the  provisions  of  the  law,  labor  and  management  of  one  of  the 
largest  employers,  the  Chiriqui  Land  Company,  were  able  to  avert  a  general  strike. 
Employers  commonly  hire  temporary  workers  to  circumvent  onerous  labor  code  re- 
quirements for  permanent  workers;  such  temporary  workers  receive  neither  pen- 
sions nor  other  benefits.  The  practice  of  blank  contracts  is,  according  to  union 
sources,  becoming  more  widespread.  The  new  labor  legislation  addresses  this  prob- 
lem by  requiring  all  companies  to  submit  copies  of  all  labor  contracts  for  permanent 
workers  to  the  Labor  Ministry  and  by  requiring  the  Labor  Ministry  to  conduct  peri- 
odic inspections  of  companies'  work  forces  and  review  all  contracts  to  ensure  that 
they  are  in  order.  The  new  code  also  authorizes  the  Labor  Ministry  to  levy  fines 
against  companies  not  in  compliance  with  the  law. 

In  January  and  February  1996,  the  Government  issued  cabinet  decrees  governing 
labor  relations  in  export  processing  zones  (EPZ's)  as  a  means  of  attracting  invest- 
ment into  areas  vacated  under  the  terms  of  the  Panama  Canal  Treaty.  The  original 
decree  limited  a  broad  swath  of  labor  rights,  including  the  right  to  strike  and  to  bar- 
gain collectively.  The  second  decree  modified  the  first  and  restored  most  worker 
rights  in  EPZ's.  However,  it  provides  for  collective  bargaining  with  "representatives 
of  employees"  but  makes  no  specific  mention  of  trade  unions;  it  requires  mandatory 
arbitration  of  disputes;  and  allows  for  participation  in  the  tripartite  (government, 
labor,  and  industry)  arbitration  commission  by  an  unrepresentative  worker  delegate. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Labor  Code  prohibits  forced 
or  compulsory  labor,  including  that  performed  by  children,  and  neither  practice  was 
reported. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The 
Labor  Code  prohibits  the  employment  of  children  under  14  years  of^  age  as  well  as 
those  under  15  years  if  the  cnild  has  not  completed  primary  school;  children  under 
age  16  cannot  work  overtime;  those  under  18  years  cannot  perform  night  work.  Chil- 
dren between  the  ages  of  12  and  15  may  pjerform  farm  or  domestic  labor  as  long 
as  the  woric  is  light  and  does  not  interfere  with  the  child's  schooling.  The  Ministry 
of  Labor  enforces  these  provisions  in  response  to  complaints  and  may  order  the  ter- 
mination of  unauthorized  employment.  The  law  prohibits  forced  or  bonded  labor  by 
children,  amd  the  Government  enforces  this  provision  (see  Section  I.e.).  However, 
the  Government  does  not  enforce  other  child  labor  provisions  in  rural  areas,  claim- 
ing insufficient  staff.  According  to  an  ILO  report,  11,600  children  between  the  ages 
of  10  and  14  are  in  the  labor  force — primarily  in  farm  or  domestic  labor. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  establishes  a  standard  work- 
week of  48  hours  and  provides  for  at  least  one  24-hour  rest  period  weekly.  It  also 
establishes  minimum  wage  rates  for  specific  regions  and  for  most  categories  of  labor. 


614 

The  minimum  wage,  last  increased  in  January  1993,  is  $1.00  f)er  hour  in  the  dis- 
tricts of  Panama,  Colon,  and  San  Miguelito,  and  for  workers  in  financial  services. 
It  is  not  enough  to  support  a  worker  and  family  above  the  poverty  level  in  the  rel- 
atively hi^-cost  economy.  Most  workers  formally  employed  in  urban  areas  earn  the 
minimum  wage  or  above.  Most  workers  in  the  large  informal  sector  earn  below  the 
minimum  wage.  Unions  have  repeatedly  alleged  that  contractors  operating  in  the 
Panama  Canal  area  pay  less  than  the  required  minimum  wage.  The  Ministry  of 
Labor  does  not  adequately  enforce  the  minimum  wage  law,  due  to  insufficient  per- 
sonnel and  financial  resources. 

The  Government  sets  and  enforces  occupational  health  and  safety  standards.  An 
occupational  health  section  in  the  social  security  system  is  responsible  for  conduct- 
ing periodic  inspections  of  especially  hazardous  employment  sites,  such  as  those  in 
the  construction  industry,  as  well  as  inspecting  health  and  safety  standards  in  re- 
sponse to  union  or  worker  requests.  The  law  protects  from  dismissal  workers  who 
file  requests  for  health  and  safety  inspections.  Workers  also  have  the  right  to  re- 
move themselves  from  situations  that  present  an  immediate  health  or  safety  hazard 
without  jeopardizing  their  employment.  They  are  generally  not  allowed  to  do  so  if 
the  threat  is  not  immediate,  but  may  request  a  health  and  safety  inspection  to  de- 
termine the  extent  and  nature  of  the  hazard.  The  Ministry  of  Labor  is  responsible 
for  enforcing  health  and  safety  standards  and  generally  does  so.  The  standards  are 
fairly  encompassing  and  generally  emphasize  safety  over  long-term  health  hazards, 
according  to  organized  labor  sources.  Health  problems,  however,  continue  in  the  ba- 
nana industry  as  well  as  in  the  cement  and  milling  industries. 


PARAGUAY 

Paraguay  is  a  constitutional  republic  with  a  strong  executive  branch  and  an  in- 
creasingly important  bicameral  legislature.  The  President  is  the  head  of  government 
and  cannot  succeed  himself.  In  1993  Juan  Carlos  Wasmosy  became  the  country's 
first  freely  elected  civilian  president.  (Authoritarian  regimes  had  ruled  the  country 
until  1989,  when  dictator  Alfredo  Stroessner  was  overthrown  by  General  Andres 
Rodriguez,  who  was  elected  president  later  that  year.)  There  are  three  major  politi- 
cal parties  and  a  number  of  smaller  ones.  The  opposition's  power  has  increased  as 
a  result  of  the  changes  brought  about  by  the  1992  Constitution  and  the  subsequent 
election  of  a  civilian  president  and  an  opposition-controlled  congress.  President 
Wasmosy  has  worked  to  consolidate  the  nation's  democratic  transition.  In  April 
1996  he  resisted  an  attempted  coup  by  then-army  commander  General  Lino  Oviedo. 
Subsequently,  however,  Oviedo  won  the  Colorado  Party  presidential  primary  and  be- 
came a  potential  contender  in  the  May  1998  presidential  elections.  The  Constitution 
provides  for  an  independent  judiciary,  and  the  Supreme  Court  continued  its  process 
of  reform. 

The  military  no  longer  plays  an  overt  political  role,  but  rumors  of  coup-plotting 
persisted  during  the  year.  The  national  police  force,  under  the  overall  authority  of 
the  Ministry  of  the  Interior,  has  responsibility  for  maintaining  internal  security  and 
public  order.  The  civilian  authorities  maintain  effective  control  of  the  security  forces. 
The  police  conunitted  some  human  rights  abuses. 

Paraguay  has  a  market  economy  with  a  large  informal  sector.  The  formal  economy 
is  oriented  towards  services,  with  less  than  half  of  the  $8  billion  gross  domestic 
product  resulting  from  agriculture  and  industry.  Over  40  percent  of  the  population 
is  engaged  in  agricultural  activity.  Wealth  continues  to  be  concentrated,  with  both 
urban  and  rural  areas  supporting  a  large  subsistence  sector.  Agricultural  commod- 
ities (soybeans,  cotton,  lumber,  and  cattle)  were  the  most  important  export  items. 
The  economy  grew  approximately  2  percent  in  1997,  a  growth  rate  roughly  equal 
to  1996.  Annual  per  capita  income  is  approximately  $1,600. 

The  Government's  human  rights  record  improved  somewhat,  but  serious  problems 
remain  in  certain  areas.  Principal  human  rights  problems  included  allegations  of 
extrajudicial  killings,  torture  and  mistreatment  of  criminal  suspects  and  prisoners, 
poor  prison  conditions,  arbitrary  arrest,  detention  of  suspects  without  judicial  or- 
ders, lengthy  pretrial  detention,  general  weaknesses  within  the  judiciary,  infringe- 
ments on  citizens'  privacy,  and  firings  of  labor  organizers.  Discrimination  against 
women,  the  disabled,  and  indigenous  people  and  violence  against  women  and  abuse 
of  children  are  also  problems.  The  Government  continued  its  efforts  to  convict  and 
punish  those  who  committed  human  rights  abuses  during  the  Stroessner  era. 


615 


RESPECT  FOR  HUMAN  RIGHTS 


Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From.: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  politically 
motivated  killings  in  1997.  However,  there  were  allegations  that  members  of  the 
National  PoUce  committed  extrajudicial  killings.  One  incident  involved  the  July 
murder  of  two  Peruvian  citizens,  allegedly  by  a  group  of  poUce  officers.  The  police, 
who  were  purportedly  providing  protection  for  the  Peruvians  (who  were  involved  in 
illicit  activities),  allegedly  killed  the  Peruvians  when  they  failed  to  make  a  weekly 
payment  of  $250.  Local  newspapers  later  reported  that  the  police  did  not  pursue  in- 
ternal investigations,  transferred  agents  suspected  of  being  involved  rather  than 
prosecuting  them,  and  pressured  the  Attorney  General's  office  to  drop  its  investiga- 
tion. The  National  Police  denied  any  involvement  in  the  killings.  At  year's  end,  po- 
lice records  indicated  that  there  still  had  been  no  internal  investigation  of  the  mat- 
ter, and  no  one  was  charged  in  the  criminal  investigation. 

Police  were  also  involved  in  the  shooting  death  oi  a  student,  Gustavo  Daniel  Gon- 
zalez Delgado.  Human  rights  monitors  claim  that  Gonzalez  was  shot  three  times, 
after  police  opened  fire  on  his  car.  following  a  traffic  incident  between  Gonzalez's 
car  and  a  police  vehicle.  Gonzalez  s  parents  declined  to  bring  charges  against  the 
police.  Police  sources  indicated  that  an  internal  investigation  was  under  way,  but 
that  there  was  little  interest  in  pursuing  it  diligently. 

There  were  numerous  allegations  oi  mistreatment  of  military  recruits  by  non- 
commissioned and  commissioned  officers,  and  at  least  two  conscripts  died  in  unclear 
circumstances.  Both  deaths  were  officially  attributed  to  meningitis,  but  families  of 
both  youths  claimed  that  the  bodies  showed  evidence  of  beating  and  torture. 

Although  a  court  sentenced  police  officer  Teofilo  Sanabria  to  jail  for  the  November 
1996  fatal  shooting  of  Colorado  Party  activist  Raul  Bittar  during  a  fracas  between 
Colorado  and  Liberal  Party  members,  he  was  released  from  prison  after  3  months. 
An  appellate  court  ruled  that  the  shooting  had  been  accidental. 

There  were  no  developments  in  the  investigations  into  the  1995  killing  of  peasant 
protester  Pedro  Jimenez  or  the  1994  killings  of  peasant  leaders  Sebastian  Larrosa 
and  Esteban  Balbuena. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture,  as  well  as  cruel,  inhuman  or  degrading  punish- 
ment or  treatment;  however,  torture  (primarily  beatings)  and  brutal  and  degrading 
treatment  of  convicted  prisoners  and  other  detainees  continued.  A  human  rights 
group,  the  Committee  oi  Churches,  reported  several  cases  of  torture  and  other  abu- 
sive treatment  of  persons,  including  women  and  children,  designed  to  extract  confes- 
sions, punish  escape  attempts,  or  intimidate  detainees. 

The  United  Nations  Committee  on  Torture  criticized  Paraguay  in  May  for  contin- 
ued mistreatment  and  torture  of  prisoners  and  detainees  by  police.  After  President 
Wasmosy  publicly  stated  that  he  would  make  inquiries  into  the  matter,  the  then- 
chief  of  police  (wno  later  resigned  following  continuing  allegations  of  corruption)  ad- 
mitted that  torture  and  mistreatment  of  prisoners  existed  but  asserted  that  it  was 
"sporadic"  and  "not  normally  done  in  our  institution." 

The  Attorney  General's  office  and  the  Committee  of  Churches  compiled  examples 
of  numerous  incidents  of  police  abuse  and  extrajudicial  killings.  Mistreatment  of 
conscripts  was  also  a  problem;  several  died  under  unclear  circumstances  (see  Sec- 
tion La.). 

On  May  8,  the  authorities  arrested  retired  General  Ramon  Duarte  Vega,  former 
Stroessner-era  police  chief,  and  charged  him  with  crimes  against  humanity  for  the 
torture  of  Captain  Napoleon  Ortigaza  and  Hilario  Ortella  in  1963. 

Credible  reports  continued  that  landowners,  many  of  them  Brazilians  living  near 
the  border  in  the  Alto  Parana,  Canindeyu,  and  Amambay  departments,  forcibly  re- 
moved squatters  from  their  property.  Some  of  the  evictions  reportedly  were  violent. 
The  authorities  undertook  no  effective  action  in  response  to  these  reports.  In  at 
least  one  case,  a  peasant  was  killed,  but  police  refused  to  act,  stating  that  the  care- 
taker thought  that  the  victim  was  stealing  sheep. 

Prison  conditions  are  extremely  poor.  Overcrowding  and  unsanitary  living  condi- 
tions were  the  most  serious  problems  afTecting  all  prisoners.  Mistreatment  of  pris- 
oners is  also  a  serious  problem.  Tacumbu  prison,  the  largest  in  Asuncion,  was  built 
to  hold  800  inmates  but  currently  houses  over  1,400.  Other  regional  prisons  gen- 
erally hold  about  three  times  more  inmates  than  originally  planned.  Security  is  an- 
other problem;  for  example,  there  are  only  30  guards  to  supervise  over  600  inmates 
in  the  Alto  Parana  prison.  The  Congressional  Commission  for  Human  Rights  also 
criticized  the  poor  nutritional  standards  in  the  prisons.  Prisons  generally  serve  one 
meal  a  day  and  prisoners  seldom  get  vegetables,  fruit,  or  a  meat  protein  source,  un- 


616 

less  they  have  individual  means  to  purchase  them.  At  the  prison  in  Encamacion 
there  is  one  latrine  for  280  detainees.  Prisons  have  separate  accommodations  for 
well-to-do  prisoners,  ensuring  that  those  with  sufficient  means  endure  far  fewer  in- 
conveniences than  other  prisoners. 

The  Government  permits  independent  monitoring  of  prison  conditions  by  inter- 
ested human  rights  organizations. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^Arbitrary  arrest  and  detention  are  prob- 
lems. The  Constitution  prohibits  detention  without  an  arrest  warrant  signed  by  a 
judge  and  stipulates  that  any  person  arrested  must  appear  before  a  judge  within 
48  hours  to  make  a  statement.  The  police  can  arrest  persons  without  a  warrant  if 
they  catch  them  in  the  act  of  committing  a  crime,  but  must  bring  them  before  a 
judge  within  24  hours.  According  to  human  rights  activists,  however,  the  authorities 
often  violated  these  provisions. 

More  than  95  percent  of  the  country's  3,717  prisoners  are  being  held  pending 
trial,  many  for  months  or  years  after  their  arrest.  Of  the  600  inmates  in  Alto 
Parana  prison,  for  example,  only  18  have  been  sentenced.  While  the  law  encourages 
speedy  trials,  the  Constitution  permits  detention  without  trial  until  the  accused 
completes  the  minimum  sentence  for  the  alleged  crime,  which  often  occurs  in  prac- 
tice. A  bail  system  exists  for  most  crimes,  and  judges  have  discretion  over  it.  Judges 
frequently  set  relatively  high  bail,  and  many  accused  persons  are  unable  to  post 
bond.  In  1996  the  Supreme  Court,  the  Public  Ministry,  and  a  judicial  woriting  group 
took  steps  to  reduce  tne  large  number  of  pretrial  detainees  but  achieved  only  modest 
results.  The  Supreme  Court  and  many  criminal  court  judges  also  make  quarterly 
visits  to  the  prisons  to  identify  and  release  improperly  held  individuals. 

The  Constitution  expressly  prohibits  employing  exile  as  a  punishment. 

e.  Denial  of  Fair  Puhlic  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary. Although  relatively  inefficient,  the  judiciary  is  independent  in  practice. 

Tne  nine-member  Supreme  Court  appoints  lower  court  judges  and  magistrates, 
based  upon  recommendations  by  the  Magistrate's  Council.  There  are  five  types  of 
appellate  tribunals:  Civil  and  commercial,  criminal,  labor,  administrative  disputes, 
and  juvenile.  Several  minor  courts  and  justices  of  the  peace  fall  within  these  five 
functional  areas.  The  judicial  system  remains  relatively  inefficient,  due  to  outdated 
penal  and  criminal  procedure  codes,  insufficient  resources,  and  delays  as  new  judi- 
cial ofiicials  learn  their  tasks.  The  military  has  its  own  judicial  system. 

The  1992  Constitution  stipulates  that  all  defendants  have  the  right  to  an  attor- 
ney, at  public  expense  if  necessary,  but  this  right  often  is  not  respected  in  practice. 
Many  destitute  suspects  receive  little  legal  assistance,  and  few  nave  access  to  an 
attorney  sufficiently  in  advance  of  the  trial  to  prepare  a  defense.  In  Asuncion,  for 
example,  there  are  only  13  public  defenders  available  to  assist  the  indigent.  More- 
over, the  public  defenders  lack  the  resources  to  perform  their  jobs  adequately. 

Trials  are  conducted  almost  exclusively  by  presentation  of  written  documents  to 
a  judge  who  then  renders  a  decision.  A  Public  Ministry  official  is  responsible  in  most 
cases  for  bringing  charges  against  accused  persons.  Defendants  and  the  Public  Min- 
istry can  present  written  testimony  of  witnesses  as  well  as  evidence.  All  interested 
parties  have  access  to  all  documents  reviewed  by  the  judge,  and  defendants  can 
rebut  witnesses.  Defendants  enjoy  a  presumption  of  innocence.  The  judge  alone  de- 
termines guilt  or  innocence  and  decides  punishment.  During  the  pretrial  phase,  the 
iudge  receives  and  may  request  investigative  reports.  In  this  phase,  the  judge  is  also 
likely  to  make  a  personal  inspection  oT  the  scene  of  the  crime  and  of  the  available 
physical  evidence.  The  accused  often  appears  before  the  court  only  twice:  to  plead 
and  to  be  sentenced.  An  appellate  judge  automatically  reviews  all  verdicts,  and  the 
law  provides  for  appeals  to  the  Supreme  Court. 

A  separate  documentation  center  and  repository  holds  the  government  archives 
discovered  in  December  1992,  which  document  various  human  rights  abuses  and  im- 
plicate many  former  government  officials  of  the  Stroessner  regime.  In  1996  an  ap- 
pellate court  affirmed  the  convictions  for  human  rights  abuses  of  five  Stroessner- 
era  officials  (former  police  investigations  director  Pastor  Coronel  and  police  officers 
Lucilo  Benitez  Santacruz,  Agustin  Bellotto  Vouga,  Camilo  Almada  Morel,  and  Juan 
Aniceto  Martinez).  In  July  tne  courts  also  found  Pastor  Coronel  and  his  colleagues 
guilty  of  the  attempted  murder,  by  torture,  of  Miguel  Angel  Soler,  leader  of  the  Par- 
aguayan Communist  Party  in  the  1970*3  (Angel  Soler's  body  was  never  found).  The 
authorities  also  brought  additional  cases  against  former  police  chief  Ramon  Duarte 
Vera  (see  Section  I.e.).  In  one  case,  human  rights  activist  Dr.  Joel  Filartiga  has  ac- 
cused Duarte  Vera  of  personally  torturing  him  after  his  arrests  in  1957  and  1966. 
These  and  other  cases  were  still  underway  at  year's  end. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — While 
the  Government  and  its  security  forces  generally  did  not  interfere  in  the  private 


617 

lives  of  citizens,  human  rights  activists  claim  that  local  officials  and  police  ofiicers 
abuse  their  authority  by  entering  homes  or  businesses  without  warrants  and 
harassing  private  citizens.  The  Constitution  provides  that  police  may  not  enter  pri- 
vate homes  except  to  prevent  a  crime  in  progress  or  when  the  police  possess  a  judi- 
cial warrant.  TTiere  were  allegations  that  the  Government  occasionally  spied  on  indi- 
viduals and  monitored  communications  for  political  and  security  reasons.  There  also 
were  credible  allegations  that  some  government  agencies  required  or  pressured  their 
employees  to  join  or  campaign  on  behalf  of  the  ruling  Colorado  Party. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  expres- 
sion and  the  press,  and  the  Government  respects  these  rights  in  practice.  The  public 
and  the  press  exercised  these  rights  freely. 

The  print  and  electronic  media  are  independently  owned.  The  media  commonly 
criticized  the  Government  and  freely  discussed  opposition  viewpoints.  Based  on  in- 
formation and  a  tape  recording  made  by  an  informant,  police  arrested  a  former 
mayor  of  Ciudad  del  Este  for  contracting  the  murder  of  a  journalist  in  that  city.  The 
Paraguayan  Union  of  Journalists  demanded  from  authorities  greater  protection  for 
two  journalists  who  received  death  threats  while  investigating  drug  trafficking  in 
the  city  of  Pedro  Juan  Caballero.  The  journalists  union  also  asked  that  the  authori- 
ties reinvigorate  their  investigation  into  the  1991  murder  of  journalist  and  radio 
station  owner  Santiago  Leguizamon  in  Pedro  Juan  Caballero. 

The  Government  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  all  citizens  to  peaceful  assembly,  and  the  Government  generally  respects 
this  right  in  practice.  The  Government  passed  amendments  to  a  law  regulating  dem- 
onstrations in  Asuncion  that  further  restricted  areas  where  demonstrations  may 
take  place,  but  expanded,  slightly,  the  hours  in  which  they  may  be  held.  Union 
groups  were  the  most  vocal  opponents  of  the  modifications.  The  law  requires  that 
organizers  notify  the  Asuncion  police  24  hours  before  any  rally  in  the  downtown 
area.  The  police  may  ban  a  protest  but  must  provide  written  notification  of  such  a 
ban  within  12  hours  of  receipt  of  the  organizers'  request.  The  law  permits  a  police 
ban  only  if  a  third  party  has  already  given  notice  of  plans  for  a  similar  rally  at  the 
same  place  and  time.  In  addition,  the  law  prohibits  public  meetings  or  demonstra- 
tions in  front  of  the  presidential  palace  and  outside  military  or  police  barracks.  The 
law  does  not  apply  to  religious  processions. 

Political  ana  social  demonstrations  and  rallies  occurred  without  major  incidents. 
Government  and  peasant  organization  leaders  were  able  to  negotiate  a  peaceful  con- 
clusion to  a  Marcn  15—16  peasant  procession,  where  violence  had  been  forecast.  The 
authorities  allowed  the  peasants  to  march  to  the  presidential  palace  and  provided 
financial  assistance  to  help  them  return  to  their  homes. 

The  Constitution  provides  for  the  right  of  all  citizens  to  free  association,  and  the 
Government  respects  this  right  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  conscience  for 
all  persons  and  recognizes  no  official  religion;  the  Government  respects  this  freedom 
in  practice.  Roman  Catholicism  is  the  predominant  religion,  but  all  denominations 
are  free  to  worship  as  they  choose.  Adherence  to  a  particular  creed  confers  no  legal 
advantage  or  disadvantage,  and  foreign  and  local  missionaries  proselytize  freely.  All 
religious  groups  must  be  registered  with  the  Ministry  of  Education  and  Worship, 
but  the  Government  imposes  no  controls  on  these  groups. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— All  citizens  may  travel  freely  within  the  country  with  virtually  no  re- 
strictions, and  there  are  no  restrictions  on  foreign  travel  or  emigration. 

The  Government  cooperates  with  the  ofiice  of  the  United  Nations  High  Commis- 
sioner for  Refugees  and  other  humanitarian  organizations  in  assisting  refugees. 
There  are  no  established  provisions  to  grant  asylum  or  refugee  status;  the  Immigra- 
tion Department  determines  each  request  on  a  case-by-case  basis  in  consultation 
with  the  Ministries  of  Foreign  Relations  and  the  Interior  and  the  Committee  of 
Churches  (a  nongovernmental  organization — NGO)  that  investigates  claims  to  refu- 
gee status).  The  issue  of  the  provision  of  first  asylum  has  never  arisen.  There  were 
no  reports  of  the  forced  return  of  persons  to  countries  where  they  feared  persecu- 
tion. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
Citizens  have  the  right  and  ability  to  change  their  government  through  demo- 
cratic means.  Multiple  parties  and  candidates  contest  the  nation's  leadership  posi- 
tions. Four  parties  are  represented  in  the  Congress.  The  Constitution  and  the  Elec- 


618 

tored  Code  mandate  general  elections  every  5  years,  voting  by  secret  ballot,  and  uni- 
versal suffrage.  The  executive  and  legislative  branches  govern  the  country;  opposi- 
tion political  parties  control  the  Congress.  Debate  is  free  and  frank.  The  Congress 
often  rejects  important  government  proposals  and  overrides  presidential  vetoes. 

The  Government  survived  a  test  in  April  1996,  when  then-army  conunander  Gen- 
eral Lino  Oviedo  defied  a  presidential  order  to  resign  and  attempted  to  remove 
President  Wasmosy.  Strong  public  reaction  and  prompt  international  condemnation 
convinced  him  to  back  down.  After  retiring  from  the  military,  Oviedo  entered  poli- 
tics. Although  the  Supreme  Electoral  Tribunal  declared  Oviedo  the  winner  of  the 
Colorado  Party  presidential  primary,  the  party  had  not  registered  him  as  its  official 
candidate  by  year's  end.  Oviedo  was  subjected  to  30  days'  detention  for  violating 
military  discipline,  and  to  a  further  indefinite  detention,  pursuant  to  a  military 
court  order,  as  a  "moral  author  or  suspected  accomplice"  in  the  April  1996  coup  at- 
tempt. Primary  elections  held  in  September  for  all  political  parties  were  generally 
well  run,  although  some  factions  contested  the  results  in  the  Colorado  Party  pri- 
maries. 

Vestiges  remain,  however,  of  the  Stroessner-era  merging  of  the  State,  the  armed 
forces,  and  the  Colorado  Party.  The  press  has  reported  the  use  of  state  resources, 
particularly  vehicles,  to  support  party  political  rallies.  There  were  also  credible  re- 

f)orts  of  government  officials  requiring  public  employees  to  attend  Colorado  Party 
unctions  and  contribute  funds  to  the  party. 

There  are  no  legal  impediments  to  women  seeking  to  participate  in  government 
and  poUtics.  In  1993  voters  elected  5  women  to  Congress  (3  of  45  senators,  1  of 
whom  died  in  October  1996,  and  2  of  80  national  deputies),  and  there  is  1  woman, 
the  Secretary  for  Women's  Affairs,  in  the  Cabinet.  The  new  Electoral  Code  requires 
that,  in  their  internal  primaries,  20  percent  of  each  party's  candidates  for  elective 
office  be  women.  Women  are  well-represented  in  the  judicial  system  as  judges  and 
prosecutors. 

Members  of  indigenous  groups  are  entitled  to  vote,  and  the  percentage  of  indige- 
nous people  who  exercised  this  right  has  grown  dramatically  in  recent  years.  Never- 
theless, the  inhabitants  of  some  indigenous  communities  report  being  threatened 
and  inhibited  from  fully  exercising  their  political  rights. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Several  human  rights  groups  operate,  including  the  Committee  of  Churches  (an 
interdenominational  group  that  monitors  human  rights  and  provides  legal  assist- 
ance), Prodemos  (a  Rroup  linked  to  the  Catholic  Church),  Tekojoja  (a  group  dedi- 
cated to  protection  of  children's  rights),  SERPAJ  (a  group  that  defends  conscientious 
objectors),  and  the  local  chapter  of  the  Association  of  Latin  American  Lawyers  for 
the  Defense  of  Human  Rights.  The  Government  did  not  restrict  the  activities  of  any 
human  rights  group. 

The  Director  General  of  Human  Rights,  located  in  the  Ministry  of  Justice  and 
Labor,  chairs  the  National  Commission  on  Human  Rights,  which  made  little 
progress  in  its  work  to  prepared  a  national  plan  on  human  rights.  The  commission 
also  sponsors  seminars  to  promote  human  rights  awareness.  The  director  general's 
office  has  access  to  congressional,  executive,  and  judicial  authorities.  It  does  not 
have  subpoena  or  prosecutorial  powers,  but  may  forward  information  concerning 
human  ri^ts  abuses  to  the  Attorney  General  for  action.  It  also  serves  as  a  clearing- 
house for  information  on  human  rights  and  has  trained  thousands  of  educators  in 
human  rights  law. 

The  Attorney  General  has  a  special  adviser  on  human  rights  who  has  been  ex- 
tremely active  in  pursuing  justice  against  human  rights  abusers  from  the  Stroessner 
regime.  Although  the  position  has  little  real  authority,  the  adviser  is  an  ardent 
spokesman  for  the  human  rights  community  and  the  rights  of  the  disenfranchised 
and  uses  his  position  to  identify  and  publicize  human  rights  abuses  by  the  Govern- 
ment. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Although  the  Constitution  and  other  laws  prohibit  discrimination,  certain  groups 
faced  significant  discrimination  in  practice. 

Women. — Spousal  abuse  is  common.  Thousands  of  women  are  treated  annually  for 
iiyuries  sustained  in  violent  domestic  situations.  According  to  women's  rights  activ- 
ists, official  complaints  are  rarely  filed,  or  when  filed  are  soon  withdrawn  due  to 
spousal  reconciliation  or  family  pressure.  The  Secretariat  of  Women's  Affairs  chairs 
a  national  committee,  made  up  of  other  government  agencies  and  NGO's,  which  has 
developed  a  national  plan  to  prevent  and  punish  violence  against  women.  Pursuant 


619 

to  the  plan,  an  office  of  care  and  orientation  receives  reports  on  violence  against 
women  and  coordinates  responses  with  the  National  Police,  primary  health  care 
units,  the  Attorney  General's  office,  and  NGO's.  The  Secretariat  also  conducts  train- 
ing courses  for  the  police,  health  care  workers,  prosecutors,  and  others. 

Violence  against  women  has  been  targeted  as  a  key  area  of  concern  bv  several 
NGO's  and  the  Women's  Secretariat.  According  to  information  from  the  Center  for 
Studies  and  Documentation,  there  were  116  case  of  rape  and  attempted  raped  be- 
tween March  1992  and  May  1993  (latest  data  available).  Under  the  Criminal  Code, 
a  rapist  may  be  exonerated  of  the  crime,  if  he  agrees  to  marry  the  victim  and  the 
victim  accepts.  Women's  rights  and  advocacy  groups  succeeded  in  widening  the  de- 
bate about  violence  against  women.  In  1987  the  25th  of  November  Women's  Collec- 
tive opened  a  shelter  for  battered  and  abused  women,  where  they  can  seek  medical 
and  legal  assistance. 

The  law  prohibits  trafficking  and  sexual  exploitation  of  women,  but  the  authori- 
ties do  not  enforce  it  effectively.  Exploitation  of  women,  especially  teenage  pros- 
titutes, remains  a  serious  problem.  Law  enforcement  officials  regularly  stage  raids 
on  houses  of  prostitution,  and  there  were  cases  of  arrests  and  closures  of  brothels 
where  minors  were  involved  in  prostitution. 

The  Secretary  for  Women's  Affairs  continued  to  sponsor  programs  intended  to  en- 
able women  to  have  free  and  equal  access  to  employment,  social  security,  housing, 
ownership  of  land,  and  business  opportunities.  However,  sex-related  job  discrimina- 
tion continues  to  be  common  and  widely  tolerated.  Claiming  that  a  majority  of 
women  in  the  workplace  face  sexual  harassment,  several  unions  and  NGO's  spon- 
sored an  anti-sexual  harassment  campaign.  The  campaign  was  prompted  in  part  by 
the  plight  of  two  women  who  sued  their  employer  for  sexual  harassment,  lost  their 
suit,  and  were  then  held  criminally  liable  for  defamation  and  injury. 

Several  groups  work  to  improve  conditions  for  women.  One  is  Women  for  Democ- 
racy, which  is  active  in  civic  and  electoral  education.  Other  groups  include 
Sumando,  an  NGO  promoting  educational  reform  policy  and  voter  participation  in 
elections;  SEFEM,  wnich  highlights  such  issues  as  women  and  public  policy,  women 
and  social  policy,  participation  of  women  in  local  development,  and  women  in  the 
Americas;  and  the  Women's  November  25th  Collective,  which  sponsors  a  home  for 
battered  women  and  helps  coordinate  legal  assistance.  These  groups  are  effective 
advocates  for  change. 

Children. — The  Constitution  protects  certain  children's  rights,  and  stipulates  that 
parents  and  the  State  should  care  for,  feed,  educate,  and  support  children.  Boys  and 
girls  are  entitled  to  equal  treatment  in  education  and  health  care.  Elementary 
school  education  is  compulsory. 

Abuse  of  children  is  a  problem.  Although  no  census  has  been  taken,  experts  in 
the  Public  Ministry  report  that  approximately  26,000  children  work  in  urban  areas 
as  street  vendors  or  as  prostitutes.  The  majority  of  these  children  suffer  from  mal- 
nutrition, lack  of  access  to  education,  and  disease.  The  employers  of  some  young 
girls  working  as  domestic  servants  or  nannies  deny  them  access  to  education  and 
mistreat  them.  Employers  sometimes  falsely  charge  those  who  seek  to  leave  domes- 
tic jobs  with  robbery  and  turn  them  over  to  the  police.  According  to  the  Attorney 
General's  office,  there  are  approximately  200  complaints  jjer  month  regarding  mis- 
treatment and  sexual  abuse  of  minors.  The  Government  has  taken  effective  steps 
to  combat  the  problem  of  baby  trafficking  and  in  1995  enacted  a  moratorium  on 
international  aooptions. 

President  Wasmosy  and  the  armed  forces  Chief  of  Staff  have  ordered  all  officers 
responsible  for  recruiting  to  ensure  that  all  conscripts  meet  the  Constitutionally 
mandated  minimum  age  of  17  years  for  military  service.  There  were  several  re- 
ported violations,  including  allegations  of  military  recruiters  forcing  underage  re- 
cruits to  join  units.  The  military  took  no  significant  disciplinary  action  against  those 
responsible  for  underage  recruits.  Human  rights  groups  and  some  military  person- 
nel allege  that  poor  families  knowingly  send  underage  children  to  the  armed  forces 
for  the  economic  benefits. 

People  With  Disabilities. — The  Constitution  provides  for  equal  opportunity  for  peo- 
ple with  disabihties  and  mandates  that  the  State  provide  them  with  health  care, 
education,  recreation,  and  professional  training.  It  further  requires  that  the  State 
formulate  a  policy  for  the  treatment,  rehabilitation,  and  integration  into  society  of 
people  with  disabilities.  However,  the  Congress  has  never  enacted  legislation  to  es- 
tabush  such  programs.  Many  people  with  disabilities  face  significant  discrimination 
in  employment;  others  are  unable  to  seek  employment  because  of  a  lack  of  accessible 
public  transportation.  The  law  does  not  mandate  accessibility  for  the  disabled,  and 
the  vast  majority  of  the  nation's  buildings,  both  public  and  private,  are  inaccessible 
to  people  with  disabilities. 


620 

Indigenous  People. — The  Constitution  provides  indigenous  people  with  the  right  to 
participate  in  the  economic,  social,  political,  and  cultural  life  of  the  nation.  Never- 
theless, the  indigenous  population,  estimated  at  75,000  to  100,000,  is  unassimilated 
and  neglected.  Weak  organization  and  lack  of  financial  resources  limit  access  by  in- 
digenous people  to  the  f)olitical  and  economic  system.  Indigenous  groups  reliecf  pri- 
marily upon  parliamentary  commissions  to  promote  their  particular  interests.  The 
Constitution  also  protects  the  property  interests  of  indigenous  people,  but  these 
rights  still  are  not  codified  fully.  The  Constitution  provides  that  Public  Ministry  offi- 
cials may  represent  indigenous  people  in  matters  involving  the  protection  of  life  and 
projperty. 

The  Government's  National  Indigenous  Institute  (INDI)  has  the  authority  to  pur- 
chase land  on  behailf  of  indigenous  communities  and  to  expropriate  private  property 
under  certain  conditions  to  establish  tribal  homelands.  There  have  oeen  significant 
allegations  of  wrongdoing  within  INDI,  however,  and  in  November  a  Congressional 
Human  Rights  Committee  requested  an  accounting  of  INDI's  land  purchases  and 
transfers.  Many  indigenous  people  find  it  difficult  to  travel  to  the  capital  to  solicit 
land  titles  or  process  the  required  documentation  associated  with  land  ownership. 

The  main  problems  facing  the  indigenous  population  are  lack  of  education,  mal- 
nutrition, lack  of  medical  care,  and  economic  displacement  resulting  from  other 
groups'  development  and  modernization.  Scarce  resources  and  limitea  government 
attention  resulted  in  little  progress  in  dealing  with  these  problems. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  allows  both  private  and  public  sec- 
tor workers  (with  the  exception  of  the  armed  forces  and  the  police)  to  form  and  join 
unions  without  government  interference.  The  Constitution  contains  several  provi- 
sions that  protect  fundamental  worker  rights,  including  an  antidiscrimination 
clause,  provisions  for  employment  tenure,  severance  pay  for  unjustified  firings,  col- 
lective bargaining,  and  tne  right  to  strike.  Approximately  10  percent  (150,000)  of 
workers  are  organized. 

In  general,  unions  are  independent  of  the  Government  and  political  parties.  One 
of  the  nation's  three  labor  centrals,  the  Confederation  of  Paraguayan  Workers 
(CPT),  was  traditionally  aligned  closely  with  the  ruling  Colorado  Party,  but  these 
ties  appear  to  be  loosening. 

All  unions  must  be  registered  with  the  Ministry  of  Justice  and  Labor.  The  reg- 
istration process  is  cumbersome  and  can  take  several  months.  Employers  who  wish 
to  oppose  the  formation  of  a  union  can  further  delay  union  recognition  by  filing  a 
writ  opposing  it.  However,  virtually  all  unions  that  request  recognition  eventually 
receive  it.  In  1996  the  Government  recognized  a  total  of  1,318  unions,  including  both 
private  and  public  sector  organizations.  The  Constitution  provides  for  the  right  to 
strike,  bans  binding  arbitration,  and  prohibits  retribution  against  strikers  ana  lead- 
ers carrying  out  routine  union  business,  a  prohibition  often  violated  by  employers. 
Voluntary  arbitration  decisions  are  enforceable  by  the  courts,  but  this  mecnanism 
still  is  employed  rarely.  High-level  Labor  Ministry  officials  are  available  to  mediate 
disputes. 

The  International  Labor  Organization  (ILO)  Committee  of  Experts  has  noted  defi- 
ciencies in  the  application  of  certain  conventions  ratified  by  the  Government.  These 
include  conventions  dealing  with  minimum-wage  fixing  machinery,  abolition  of 
forced  labor,  minimum  age  of  employment,  freedom  of  association,  equal  remunera- 
tion, and  employment  policy. 

Unions  are  free  to  form  and  join  federations  or  confederations  and  affiliate  with 
and  participate  in  international  labor  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  collec- 
tive bargaining,  and  44  collective  contracts  were  ratified  in  1996.  The  number  of  ne- 
gotiated collective  contracts  continued  to  grow;  however,  they  were  still  the  excep- 
tion rather  than  the  norm  in  labor-management  relations  and  typically  reaffirmed 
minimum  standards  established  by  law.  When  wages  are  not  set  in  free  negotiations 
between  unions  and  employers,  they  are  made  a  condition  of  individual  offers  of  em- 
ployment. 

While  the  Constitution  prohibits  antiunion  discrimination,  the  firing  and  harass- 
ment of  some  union  organizers  and  leaders  in  the  private  sector  continued.  Fired 
union  leaders  can  seek  redress  in  the  courts,  but  the  labor  tribunals  have  been  slow 
to  respond  to  complaints  and  typically  favored  business  in  disputes.  The  courts  are 
not  required  to  order  the  reinstatement  of  workers  fired  for  union  activities.  As  in 
previous  years,  in  some  cases  where  judges  ordered  reinstatement  of  discharged 
workers,  the  employers  disregarded  the  court  order  with  impunity.  There  are  a 
number  of  cases  in  which  trade  union  leaders,  fired  as  long  as  5  years  ago,  have 
not  yet  received  a  decision  from  the  courts. 


621 

There  were  more  than  50  strikes  by  unions  afllhated  with  the  Unitary  Workers 
Central  (CUT)  alone.  The  vast  majority  of  these  were  directly  related  to  the  firing 
of  union  officials  (about  15  cases  according  to  CUT  leadership),  to  management  vio- 
lations of  a  collective  contract,  to  management  efforts  to  prevent  the  free  association 
of  workers,  or  to  demands  for  benefits  such  as  payment  of  the  minimum  wage  or 
contribution  to  the  social  security  system.  The  failure  to  meet  salary  payments  also 
frequently  precipitated  labor  disputes.  Principal  problems  included  bottlenecks  in 
the  judiaal  system  and  the  inability  or  unwillingness  of  the  Government  to  enforce 
labor  laws,  'fhere  were  also  complaints  that  management  created  parallel  or  "fac- 
tory" unions  to  compete  with  independently  formed  unions.  There  were  several  cases 
of  workers  who  chose  not  to  protest  because  of  fear  of  reprisal  or  anticipation  of  gov- 
ernment inaction. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  labor,  in- 
cluding that  performed  by  children  (see  Section  6.d.).  However,  cases  of  abuse  of  na- 
tional service  obligations  occurred.  There  were  several  reports  of  conscripts  forced 
to  work  as  servants  or  construction  workers  for  military  omcers  in  their  residences 
or  privately  owned  businesses.  Apart  from  abusing  national  service  obligations,  the 
autnorities  appear  to  enforce  the  law  effectively. 

d.  Status  Of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Di- 
rector General  for  the  Protection  of  Minors  in  the  Ministry  of  Justice  and  Labor  is 
responsible  for  enforcing  child  labor  laws.  The  law  prohibits  forced  or  bonded  labor 
by  children,  and  is  enforced  effectively.  Minors  between  15  and  18  years  of  age  may 
be  employed  only  with  parental  authorization  and  cannot  be  employed  in  dangerous 
or  unhealthy  conditions.  Children  between  12  and  15  years  of  age  may  be  employed 
only  in  family  enterprises,  apprenticeships,  or  in  agriculture.  Tne  Labor  Code  pro- 
hibits work  by  children  under  12  years  of  age,  and  all  children  are  required  to  at- 
tend elementary  school.  In  practice,  however,  many  thousands  of  children,  many  of 
them  younger  than  12  years  of  age,  may  be  found  in  urban  areas  engaged  in  infor- 
mal employment  such  as  selling  newspapers  and  sundries,  shining  shoes,  and  clean- 
ing car  windows.  In  rural  areas,  it  is  not  unusual  for  children  as  young  as  10  years 
of  age  to  work  beside  their  parents  in  the  field.  Local  human  rights  groups  do  not 
regard  families  harvesting  the  crop  together  as  an  abuse  of  child  labor. 

e.  Acceptable  Conditions  of  Work. — The  executive,  through  the  Ministry  of  Justice 
and  Labor,  has  established  a  private  sector  minimum  wage  sufficient  to  maintain 
a  minimally  adequate  standard  of  living.  The  minimum  salary  is  adjusted  whenever 
annual  inflation  exceeds  10  percent  and  was  approximately  $240  (528,076 
guaranies)  per  month  at  year's  end.  The  Ministry  is  unable  to  enforce  the  minimum 
wage,  however,  and  most  analysts  agree  that  from  50  to  70  percent  of  workers  earn 
less  than  the  decreed  minimum. 

The  Labor  Code  allows  for  a  standard  legal  workweek  of  48  hours  (42  hours  for 
night  work),  with  1  day  of  rest.  The  law  also  provides  for  an  annual  bonus  of  1 
month's  salary  and  a  minimum  of  6  vacation  days  a  year.  The  law  requires  overtime 
pajrment  for  hours  in  excess  of  the  standard,  but  there  are  no  prohibitions  on  exces- 
sive compulsory  overtime.  Many  employers  violate  these  provisions.  Workers  in  the 
transport  sector  routinely  stage  strikes  to  demand  that  their  employers  comply  with 
the  labor  code's  provisions  on  working  hours,  overtime,  and  minimum  wage  pay- 
ments. 

The  Labor  Code  also  stipulates  conditions  of  safety,  hygiene,  and  comfort.  The 
Ministry  of  Justice  and  Labor  and  the  Ministry  of  Health  did  not  effectively  enforce 
these  provisions,  due  in  part  to  a  lack  of  inspectors  and  other  resources.  The  Min- 
istry sponsored  the  reconvening  of  a  tripartite  group  of  government,  labor,  and  em- 
ployers, in  an  effort  to  update  the  labor  inspection  manual,  which  was  severely  out- 
dated. In  addition  to  updating  the  labor  manual,  the  program  was  initiated  with  the 
goal  of  expanding  transparency  in  the  labor  inspection  process. 

Workers  have  the  right  to  remove  themselves  from  situations  that  endanger 
health  or  safety  without  jeopardy  to  their  continued  employment,  but  may  not  do 
so  until  such  conditions  are  formally  recognized  by  the  Ministries  of  Justice  and 
Labor  £ind  Health.  Although  workers  who  file  complaints  about  such  conditions  are 
protected  by  law,  many  employers  reportedly  took  disciplinary  action  against  them. 


PERU 


Peru  is  a  multiparty  republic  with  a  dominant  executive  branch.  Under  provisions 
of  a  Constitution  enacted  in  1993,  President  Alberto  Fujimori  was  reelected  to  a  sec- 
ond 5-year  term  in  1995,  at  which  time  his  party  also  won  a  controlling  majority 


622 

in  Congress.  The  Constitution  also  created  several  new  judicial  institutions,  includ- 
ing a  Constitutional  Tribunal,  designed  to  enhance  the  independence  of  the  judici- 
ary. However,  the  independence  of  both  the  legislative  and  judicial  branches  was 
brought  into  question  when  the  congressional  majority,  faced  with  the  constitutional 
provision  limiting  presidents  to  no  more  than  two  consecutive  terms  in  office,  passed 
an  interpretive  law  that  would  permit  President  Fujimori  to  run  for  a  third  consecu- 
tive term.  The  administration's  attempt  to  maintain  its  hold  on  power  created  a  con- 
stitutional crisis.  Congress  removed  three  members  of  the  Constitutional  Tribunal 
who  had  voted  against  the  interpretation  allowing  a  third  term,  the  Tribunal 
stopped  functioning  to  its  fullest  capacity,  and  Congress  had  not  replaced  the  ousted 
ju^es  by  year's  end. 

The  police  and  military  share  the  responsibility  for  internal  security.  Since  1980 
the  security  forces  have  directed  most  of  their  efforts  against  the  Sendero  Luminoso 
(Shining  Path)  and  Tupac  Amaru  Revolutionary  Movement  (MRTA)  terrorist  groups. 
Althou^  the  threat  posed  by  these  groups  continued  to  decline  in  overall  terms,  the 
MRTA's  takeover  of  the  Japanese  Ambassador's  residence  from  December  17,  1996, 
to  April  22  demonstrated  that  it  remained  a  real,  albeit  diminished,  threat.  Within 
the  emergency  zones,  which  cover  16  percent  of  the  country,  certain  constitutional 
protections  are  suspended  and  the  military  is  in  charge.  In  the  rest  of  the  country, 
the  civilian  authorities  generally  maintain  effective  control  of  the  security  forces. 
Nevertheless,  the  military  and  the  police  were  responsible  for  serious  human  rights 
abuses. 

The  Government  has  implemented  major  economic  reforms,  transforming  the 
economy  from  one  based  on  heavy  regulation  to  a  market-oriented  one.  The  Govern- 
ment has  eliminated  controls  on  capital  flows,  prices,  and  trade.  It  has  privatized 
most  state  enterprises  and  plans  to  sell  those  that  remain  by  the  end  of  1999.  The 
inflation  rate  has  dropped  into  single  digits,  and  growth  and  foreign  investment 
have  soared.  Per  capita  gross  domestic  product  is  estimated  at  $2,000.  Major  exports 
include  copper  as  well  as  other  minerals,  fishmeal,  and  textiles.  Illegal  exports  of 
processed  coca  are  thought  to  have  earned  about  $600  to  $800  million  annually  in 
past  years.  The  unemployment  rate  in  Lima  is  estimated  at  8  percent,  but  the  na- 
tional rate  of  underemployment  is  about  40  percent.  More  than  half  of  the  economi- 
cally active  population  work  in  the  informal  sector  of  the  economy,  which  largely 
functions  beyond  government  supervision  and  taxation.  The  poor  comprise  45  per- 
cent of  the  population,  and  slightly  less  than  20  percent  of  tne  population  lives  in 
extreme  poverty. 

Although  egregious  abuses  of  human  rights  continued  to  decline,  serious  problems 
emerged  in  several  areas.  Security  forces  were  responsible  for  torture  and  beatings. 
The  officers  found  responsible  for  torturing  army  intelligence  officer  Leonor  La  Rosa 
were  sentenced  to  prison  terms.  Although  overall  prison  conditions  remained  ex- 
tremely harsh,  significant  progress  was  made  with  the  adoption  of  a  more  liberal 
prison  regime  covering  inmates  jailed  for  terrorism  and  treason.  Arbitrary  deten- 
tion, absence  of  accountability,  lack  of  due  process,  persistent  lengthy  trial  delays, 
and  prolonged  pretrial  detention  remained  problems.  The  judicial  system  is  ineffi- 
cient and  subject  to  executive  influence.  The  Government  infringed  on  citizens'  pri- 
vacy rights;  tne  disclosure  of  a  reported  secret  government  intelligence  program  to 
monitor  the  telephones  of  a  broad  spectrum  of  government  officials,  opposition  poli- 
ticians, journalists,  business  executives,  and  entertainers  led  to  severe  public  criti- 
cism. The  Government  infringed  upon  press  freedom;  journalists  accused  the  secu- 
rity forces  of  harassment  and  intimidation;  and  the  Government  revoked  the  citizen- 
ship of  the  foreign-bom  owner  of  a  niajor  television  station  after  the  station  broad- 
cast negative  stories  about  the  regime.  The  authorities  often  hindered  the  operations 
of  human  rights  monitors.  Violence  and  discrimination  against  women,  violence 
against  children,  and  discrimination  against  the  disabled,  indigenous  peoole,  and  ra- 
cial minorities  remained  problems.  Child  labor,  including  forced  child  labor,  is  also 
a  problem. 

The  office  of  Defender  of  the  People,  or  Human  Rights  Ombudsman,  increasingly 
gained  the  public's  respect  and  confidence.  The  ad  hoc  Pardons  Commission,  whose 
work  was  interrupted  by  the  MRTA  hostage  crisis,  continued  to  recommend  presi- 
dential pardons  for  individuals  unjustly  iailed  for  terrorism  and  treason.  During  the 
year,  it  won  the  release  of  an  additional  250  detainees,  bringing  the  total  of  those 
pardoned  and  released  to  360.  In  response  to  the  decreased  terrorist  threat,  the 
Government  abolished  on  October  15  both  the  civilian  and  miHtary  "faceless"  tribu- 
nals, which  had  been  responsible  for  many  judicial  abuses.  Treason  trials  in  the 
military  courts  continued  as  before,  but  with  clearly  identifiable  judges;  terrorism 
trials  in  the  civilian  jurisdiction  were  suspended,  pending  establishment  of  a  new 
system  of  specialized  terrorism  courts. 


623 

Sendero  Luminoso  and  MRTA  terrorists  continued  to  commit  the  great  majority 
of  killings  and  other  egregious  human  rights  abuses.  Sendero  Luminoso  practiced 
torture  and  other  forms  of  brutality,  disrupted  the  home  and  family  life  of  many 
citizens,  and  violated  the  rights  of  indigenous  people. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  confirmed  reports  of 
politically  motivated  killings  carried  out  by  the  security  forces.  However,  according 
to  press  reports,  some  of  the  hostages  freed  from  the  Japanese  Ambassador's  resi- 
dence, who  did  not  wish  to  be  identified,  alleged  that  at  least  1  of  the  14  hostage 
takers  was  killed  by  the  security  forces  after  surrendering. 

Fortunate  Chipana  Ccahuana,  one  of  the  38  suspected  MRTA  terrorists  arbitrarily 
detained  and  tortured  in  March  by  the  military  in  Oxapampa  province  (see  Section 
I.e.),  was  at  home  when  the  security  forces  broke  in,  shot  him  in  the  leg  as  he  at- 
tempted to  escape,  and  left  him  to  bleed  to  death.  The  soldier  responsible  for 
Chipana  Ccahuana's  death  was  charged  with  unintentional  murder. 

In  early  April,  concurrent  with  media  revelations  that  Army  Intelligence  Service 
(SIE)  officer  Leonor  La  Rosa  had  been  tortured  by  fellow  officers  (see  Section  I.e.), 
the  press  reported  that  28-year-old  Mariela  Barreto,  another  SIE  agent  and  former 
girlfriend  of  Colina  death  squad  leader  Santiago  Martin  Rivas,  had  been  murdered 
and  that  police  had  found  ner  dismembered  and  decapitated  body  on  March  23. 
Then-Defense  Minister  Tomas  Castillo  Meza  announced  that  the  military  courts 
would  assert  jurisdiction  over  the  Barreto  case,  if  a  link  could  be  found  between  it 
and  the  La  Rosa  case.  Although  President  Fujimori  promised  an  exhaustive  inves- 
tigation, neither  the  Public  Ministry  nor  the  police  had  succeeded,  by  year's  end,  in 
determining  a  motive  for  the  killing  or  a  likely  suspect. 

On  July  30,  seven  soldiers  rounded  up  Tony  Gustavo  Aduvire  Condori  and  eight 
other  university  students,  and  drove  them  toward  a  military  base  in  Tacna  as  part 
of  the  system  of  military  conscription.  The  next  day,  police  informed  Aduvire's  fam- 
ily that  he  had  been  found  dead,  with  a  fractured  skull  and  other  signs  of  brutal 
treatment  on  his  body,  a  short  distance  from  the  base.  Human  rights  groups  assert 
that  this  incident  is  not  unique,  and  that  even  though  university  students  are  ex- 
empt, the  military  authorities  target  students  for  forced  conscription.  The  authori- 
ties charged  seven  soldiers  in  this  case  with  unlawfully  abandoning  a  person  in  dis- 
tress. 

In  December  the  authorities  relieved  16  soldiers  from  duty  in  Iquitos,  arrested 
them,  and  charged  them  with  robbing  and  killing  2  Japanese  students  who  were  ex- 
ploring the  Amazon  River  on  a  raft  in  October.  President  Fujimori  said  that  those 
responsible  would  be  tried  in  civilian  rather  than  military  courts. 

"nie  December  1992  killing  of  labor  leader  Pedro  Huillca  Tecse  had  initially  been 
presumed  to  have  been  carried  out  by  Sendero  Luminoso  terrorists.  However,  in 
September  1995,  jailed  former  SIE  agent  Mesmer  Carles  Talledo  charged  that 
Huillca  Tecse's  murder,  as  well  as  a  number  of  other  high-profile  bombings  and 
massacres,  had  been  carried  out  by  the  Colina  death  squad  whose  activities  are  gen- 
erally believed  to  have  been  authorized  and  controlled  by  the  National  Intelligence 
Service.  In  November  President  Fujimori  pardoned  Carles  Talledo  for  having  been 
wrongly  convicted  of  terrorism  offenses,  but  his  release  did  not  bring  about  resolu- 
tion of  the  case.  The  Public  Ministry,  which  had  begun  investigating  Carles 
Talledo's  allegations  while  he  was  still  in  jail,  compelled  him  to  submit  to  a  psy- 
chiatric examination. 

During  the  year,  Sendero  Luminoso  and  MRTA  terrorists  killed  44  members  of 
the  security  forces  and  70  civilians  (see  Section  l.g.). 

b.  Disappearance. — There  were  no  reports  of  disappearances  as  a  result  of  actions 
by  the  security  forces. 

In  January  the  Inter-American  Court  of  Human  Rights  rejected  the  Government's 
request  for  clarification  of  a  judgment  awarding  compensation  in  the  Neira  Alegria 
case.  In  June  1986,  Victor  Neira  Alegria,  Edgar  Zenteno  Escobar,  and  William 
Zenteno  Escobar,  three  inmates  at  El  Fronton,  a  high-security  prison  located  on  an 
island  off"  the  Lima  coast,  disappeared  following  a  military  assault  on  the  prison 
where  a  mutiny  was  taking  place.  In  a  January  1995  decision,  the  Inter-American 
Court  ruled  that  the  Government  had  violated  the  right  to  life  of  the  three  inmates 
and  ordered  it  to  enter  into  negotiations  with  the  Inter-American  Commission  on 
Human  Rights  (lACHR)  as  to  the  amount  of  compensation  to  be  paid  to  the  victims' 
families.  After  repeated  unsuccessful  attempts  to  secure  the  Government's  coopera- 
tion in  this  matter,  the  Court,  in  September  1996,  set  the  total  amount  of  compensa- 


624 

tion  for  the  three  families  at  $154,000.  Court  authorities  report  having  so  far  re- 
ceived no  word  that  the  Government  has  complied  with  the  compensation  order. 

In  November  the  Inter-American  Court  oi  Human  Rights  ruled  on  the  case  of 
Catholic  University  student  Ernesto  Rafael  Castillo  Paez.  On  October  21,  1990,  eye- 
witnesses saw  Castillo  Paez  being  forcibly  detained  and  driven  away  by  police.  De- 
spite repeated  attempts  throu^  tne  courts  to  have  Castillo  Paez  released,  the  police 
denied  all  knowledge  of  his  whereabouts.  During  the  investigation  and  legal  pro- 
ceedings, the  lawyer  representing  the  family  was  the  target  oia  letter  bomb  attack 
that  cost  him  an  arm,  while  the  family  itself  was  subjected  to  repeated  telephone 
death  threats;  both  the  lawyer  and  the  family  left  the  country.  The  Court  founa  that 
the  Government  had  violated  Castillo  Paez's  right  to  life,  liberty,  and  personal  integ- 
rity, and  ordered  it  to  punish  those  responsible,  to  return  the  victim's  remains  to 
his  family,  and  to  compensate  the  family  for  its  loss.  By  year's  end,  the  Government 
had  taken  no  action  in  response  to  the  ruling. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  and  inhuman  or  humiliating  treatment.  However, 
in  practice,  torture  and  brutal  treatment  of  detainees  by  security  force  personnel 
occur  frequently.  The  victims  are  both  suspected  criminals  and  suspected  terrorists. 
Torture  most  often  takes  place  during  tne  period  immediately  following  arrest. 
Human  rights  groups  report  that  the  incidence  of  torture  is  high  during  police  de- 
tention, in  part  Decause  lamilies  are  prohibited  from  visiting  suspects  while  they  are 
held  incommunicado,  and  attorneys  have  only  limited  access  to  them  (see  Section 
l.d.). 

A  survey  by  the  Legal  Defense  Institute  of  1,250  detainees  in  high-security  pris- 
ons, conducted  in  1995-96,  found  that  77  percent  of  respondents  stated  that  they 
had  been  tortured  or  otherwise  abused  during  police  interrogation,  while  87  percent 
of  respondents  said  that  no  defense  lawyer  had  been  present  during  their  (question- 
ing and  submission  of  sworn  statements.  In  addition,  human  rights  monitors  and 
other  credible  eyewitnesses  continued  to  report  that  security  forces  still  routinely 
torture  suspects  at  military  bases  and  detention  centers  in  some  of  the  emergency 
zones.  In  these  zones,  which  cover  16  percent  of  the  country's  territory  and  23  per- 
cent of  its  population,  certain  constitutional  protections  are  suspended  due  to  high 
levels  of  terrorist  activity,  even  though,  according  to  human  rights  groups,  at  least 
some  areas  designated  as  emergency  zones  have  not  reported  serious  terrorist  inci- 
dents for  some  time. 

In  addition  to  beatings,  common  methods  of  torture  and  other  inhuman  or  degrad- 
ing treatment  included  electric  shock,  water  torture,  asphyxiation,  the  hanging  of 
victims  by  a  rope  attached  to  hands  tied  behind  the  back,  and,  in  the  case  of  female 
detainees,  rape.  Conmion  forms  of  psychological  torture  included  sleep  deprivation 
and  death  threats  against  both  the  detainees  and  their  families.  Interrogators  fre- 
quently blindfolded  their  victims  during  torture  to  prevent  them  from  later  identify- 
ing their  abusers.  The  authorities  rarely  brought  the  perpetrators  of  torture  to  jus- 
tice. 

In  March  the  army  announced  that,  on  the  basis  of  information  received  from  a 
repentant  terrorist,  it  had  successfully  captured  38  alleged  MRTA  terrorists  in 
Oxapampa  province,  a  jungle  region  in  east  central  Peru.  The  army  asserted  that 
the  detention  of  the  suspected  terrorists  had  been  carried  out  in  full  compliance 
with  human  ri^ts  norms  and  standards.  However,  many  of  the  detainees  had  been 
beaten,  subjected  to  water  torture,  and  suspended  out  of  a  helicopter  while  their 
abusers  demanded  confessions  from  them  as  well  as  the  identities  of  other  MRTA 
suspects.  In  an  April  6  interview.  President  Fujimori  acknowledged  that  torture  and 
other  abuses  by  the  army  had  taken  place  in  Oxapampa  during  the  anti-MRTA  op- 
eration, characterized  the  army's  actions  as  "unacceptable,"  and  said  that  the  per- 
f)etrators  must  be  punished.  The  repentant  terrorist  who  had  supplied  the  false  in- 
brmation  on  which  the  army's  operation  was  based  faced  a  charge  of  disloyalty.  By 
yeai's  end,  the  authorities  had  released  all  of  the  38  Oxapampa  detainees.  One  de- 
tainee bled  to  death  from  a  gunshot  wound  (see  Section  l.a.).  Based  on  reports  from 
human  rights  monitors  and  those  released  from  custody,  the  detainees  were  appar- 
ently innocent. 

The  National  Coordinating  Committee  on  Human  Rights  ("Coordinadora")  re- 
ported that  members  of  the  National  Police's  Bureau  of  Counterterrorist  Intelligence 
arrested  23-year-old  Nancy  Patruska  del  Campo  Caceres  on  May  27,  and  that  sev- 
eral of  her  captors  raped  her.  During  her  detention,  the  ^»olice  kept  her  incommuni- 
cado and  never  allowed  her  relatives  to  visit  her.  The  authorities  brought  charges 
against  only  one  noncommissioned  police  officer  in  the  case. 

There  was  some  progress  in  the  case  of  Juana  Ibarra  Aguirre,  who  on  August  29, 
1996,  had  gone  with  her  5-year-old  daughter  to  the  Monzon  military  base  in 
Huanuco  department  after  receiving  word  that  a  base  official,  who  had  reportedly 


625 

left  a  firearm  in  her  shop,  was  looking  for  her.  Ibarra  was  held  incommunicado,  tor- 
tured, and  raped.  The  authorities  brought  cases  against  those  implicated  in  the  at- 
tack in  both  civilian  and  miUtary  jurisdictions.  The  military  court  issued  a  ruling 
on  February  17  that  lessened  the  culpability  of  the  officers  accused  in  the  case.  That 
decision  was  appealed  to  the  Supreme  Council  of  Military  Justice,  which  had  not 
ruled  on  it  at  year's  end. 

While  most  surviving  victims  of  torture  and  brutality  do  not  usually  speak  out  for 
fear  of  reprisal.  Army  Intelligence  Service  officer  Leonor  La  Rosa  publicly  accused 
her  torturers.  In  an  April  6  Channel  2  television  interview,  La  Rosa  revealed  that 
her  sujjeriors  and  fellow  officers  had  tortured  her.  Speaking  from  a  military  hospital 
ward,  she  had  difficulty  walking  and  displayed  bum  marks  from  electric  shocks  on 
her  hands.  Public  interest  in  the  broadcast  was  heirfitened  because  the  press  had 
previously  reported  the  discovery  of  the  decapitated  body  of  Mariela  Barreto,  an- 
other SIE  officer  and  former  girlfriend  of  Santiago  Martin  Rivas,  leader  of  the  noto- 
rious Colina  death  squad  (see  Section  l.a.). 

Earlier  disclosures  to  the  media  had  mentioned  operations  that  the  SEE  planned 
to  carry  out  against  opponents  of  the  Government.  According  to  La  Rosa's  account, 
she  was  first  tortured  in  January,  following  an  SIE  investigation  of  the  press  leaks. 
In  February  she  was  tortured  again  after  refusing  to  participate  in  an  undercover 
operation  linked  to  Air  Chief  General  Waldo  Richter. 

On  April  8,  the  authorities  relieved  four  SIE  officers,  including  SIE  head  Carlos 
Sanchez  Noriega,  of  their  duties,  arrested  them,  and  charged  them  with  abuse  of 
authority  under  the  Military  Code.  On  May  9,  a  military  court  convicted  them  of 
abuse  of  authority  and  of  negligence,  sentenced  them  to  8  years  in  prison  and  fined 
them  approximately  $3,700,  half  of  which  was  to  be  paid  to  La  Rosa  in  the  form 
of  damages.  The  officers  appealed  their  sentences.  On  June  5,  La  Rosa  was  released 
from  the  military  hospital  and  transferred  to  a  private  clinic.  At  the  same  time  that 
the  four  officers  were  charged,  however,  General  Guido  Guevara  Guerra,  head  of  the 
military  justice  system,  announced  that  the  military  was  looking  into  possible 
charges  of  disloyalty  against  La  Rosa  for  her  revelations  to  the  media.  Once  the 
charges  of  disloyalty  are  resolved,  La  Rosa  plans  to  pursue  a  course  of  treatment 
and  rehabilitation  abroad.  The  Government  offered  to  pay  for  her  transportation 
and  5  months  of  treatment.  By  year's  end,  no  rulings  had  been  issued,  either  on 
the  convicted  officers'  appeal  or  regarding  the  disloyalty  charges. 

The  trial  and  sentencing  of  the  four  officers  constituted  a  rare  admission  bv  the 
authorities  that  torture  does  take  place.  However,  even  though  a  few  guilty  officers 
were  brought  to  justice,  a  culture  of  torture  and  brutality  still  exists  within  the  se- 
curity forces. 

Sendero  Luminoso  also  tortured  persons.  There  were  credible  reports  that  its 
members  tortured  persons  to  death  oy  slitting  throats,  strangulation,  stoning,  and 
burning. 

Prison  conditions  continued  to  be  extremely  harsh  due  to  inadequate  budgets,  the 
inconsistent  quality  of  prison  administration,  and  a  slow  and  cumbersome  judicial 
process  that  results  in  severe  overcrowding.  Prisoners  in  many  facilities  endured  un- 
sanitary conditions,  suffered  from  poor  nutrition  and  health  care,  and  were  often 
victimized  by  both  prison  guards  and  fellow  inmates.  Corruption  continued  to  be  a 
serious  problem  among  the  poorly  paid  prison  guards,  many  of  whom  were  impli- 
cated in  such  offenses  as  sexual  blackmail,  extortion,  the  sale  of  narcotics  and  weap- 
ons, and  the  acceptance  of  bribes  in  exchange  for  favors,  which  ranged  from  provid- 
ing a  mattress  to  arranging  an  escape.  Since  prison  authorities  do  not  supply  ade- 
?[uate  food  and  bedding,  the  families  of  prisoners  must  provide  for  these  basic  needs, 
n  high-security  prisons,  female  inmates  are  allowed  to  see  their  children  only  once 
every  3  months.  However,  in  others,  such  as  Chorrillos  women's  prison  in  Lima, 
children  3  years  and  younger  live  with  their  jailed  mothers. 

There  were  credible  reports  that  at  Chorrillos,  which  is  generally  acknowledged 
to  be  one  of  the  better-run  prisons,  inmates  have  only  intermittent  access  to  running 
water,  bathing  facilities  are  inadequate,  and  kitchen  conditions  are  unhygienic.  Un- 
like many  other  prisons,  Chorrillos  makes  available  to  its  inmates  the  services  of 
a  social  worker  and  provides  them  with  training  workshops  in  manual  arts  and 
housekeeping  skills.  In  Lima's  Lurigancho  prison,  the  country's  largest,  over  6,000 
prisoners,  or  24  percent  of  the  male  prison  population,  are  housed  in  a  facility  origi- 
nally designed  to  accommodate  1,500.  The  problem  of  overcrowding  at  Lurigancho 
is  made  worse  by  the  prison's  shortage  of  stafi".  For  the  first  9  months  of  the  year, 
a  complement  of  no  more  than  200  guards  supervised  6,000  inmates.  However,  fol- 
lowing a  series  of  disturbances  in  September,  the  National  Penitentiary  Institute 
augmented  the  prison's  security  forces  with  additional,  better  trained  guards.  Illegal 
drugs  are  available  in  abundance,  and  tuberculosis  and  AIDS  are  reportedly  at 
near-epidemic  levels.  Although  some  prisoners  reportedly  suffer  from  severe  depres- 


626 

sion,  advanced  neurosis,  and  schizophrenia,  adequate  mental  health  care  is  not  pro- 
vided. Detainees  held  temporarily  in  windowless  cells  at  Lima's  Palace  of  Justice  are 
not  allowed  outside  for  exercise  and  fresh  air  and  are  taken  to  the  bathroom  only 
once  a  day.  According  to  the  Catholic  Bishops'  Social  Action  Commission  (CEAS), 
only  10  percent  of  the  country's  89  jails  provide  adequate  facilities. 

Although  the  unrest  and  bloodshed  that  were  long  characteristic  of  the 
Lurigancho  facility  have  markedly  diminished  since  the  riots  of  1986,  the  prison  has 
not  Seen  free  of  conflict.  On  June  20,  a  number  of  inmates  started  a  riot,  which  re- 
sulted in  one  death  and  six  persons  wounded.  On  September  4,  an  armed  battle  be- 
tween inmates  took  place  at  Lurigancho,  reportedly  related  to  gang  rivalry  in  the 
Srison;  7  inmates  were  killed  and  10  were  seriously  wounded.  On  September  9,  the 
ismembered  body  of  another  prisoner  was  discovered,  according  to  the  prison  direc- 
tor. By  the  end  of  September,  the  death  toll  at  Lurigancho  had  reached  a  total  of 
15. 

On  April  7,  the  Government  sought  to  reduce  prison  overcrowding  somewhat  by 
transferring  between  110  and  150  prisoners  to  Juliaca  in  preparation  for  their  even- 
tual incarceration  at  the  newly  built  Challapalca  facility  in  Tacna.  In  September  the 
authorities  transferred  an  additional  group  of  prisoners  to  Challapalca  from 
Lurigancho  prison,  following  disturbances  at  the  latter  facility.  Located  at  an  alti- 
tude of  14,700  feet,  Challapalca's  cold  temperatures  and  oxygen-thin  air  are  ex- 
pected to  have  a  negative  effect  on  the  health  of  prisoners.  The  prisoners  to  be 
transferred  to  Challapalca  are  reputed  to  be  those  considered  the  most  violent  and 
resistant  to  any  attempts  at  rehabilitation. 

According  to  the  CEAS,  the  solution  to  prison  overcrowding  lies  not  in  the  con- 
struction 01  new  correctional  facilities  but  in  reform  of  sentencing  procedures.  At 
year's  end,  of  a  total  prison  population  of  24,847,  only  7,965  inmates,  or  32  percent, 
had  been  sentenced,  while  16,882  detainees  were  still  either  awaiting  trial  or  had 
not  been  finedly  sentenced.  Accordingly,  the  CEAS  has  called  for  implementation  of 
a  system  that  allows  detainees  to  post  bail,  so  that  first-time  offenders  would  not 
have  to  wait  in  jail  for  their  trials. 

In  the  past,  human  rights  groups  have  criticized  the  Government  for  the  extraor- 
dinarily harsh  prison  conditions  reserved  for  prisoners  jailed  for  terrorism  offenses. 
In  late  1996,  the  Government  was  about  to  unveil  a  new  prison  regime  for  terrorist 
detainees  when  the  MRTA  attack  on  the  Japanese  Ambassadors  residence  took 
place.  As  a  result,  not  only  was  implementation  of  the  new  prison  regime  put  on 
hold,  but  family  visits  to  terrorism  and  treason  prisoners  were  suspended.  On  June 
16,  President  Fujimori  announced  the  resumption  of  more  frequent  family  visits  to 
MRTA  prisoners  and  the  impending  implementation  of  new  regulations  for  terror- 
ism and  treason  detainees. 

Under  the  new  regime,  the  prisons  increased  patio  time  and  the  length  of  family 
visits  for  all  detainees  and  relaxed  the  regulations  governing  physical  proximity  be- 
tween prisoners  £md  visiting  families.  Each  detainee's  security-risk  classification 
and  behavioral  history  determine  the  amount  of  patio  time  and  visiting  time  grant- 
ed, as  well  as  the  degree  of  physical  proximity  allowed  between  prisoners  and  their 
families.  Relatives  of  all  detainees  are  able  to  visit  at  least  once  a  week  for  at  least 
1  hour,  up  from  once  a  month  for  30  minutes  for  adult  relatives  and  once  every  3 
months  for  30  minutes  for  children.  Low-risk  detainees  are  also  permitted  visits  on 
their  birthday,  on  Mother's  Day,  Father's  Day,  and  on  Christmas. 

In  response  to  the  MRTA  hostage  crisis,  the  Government  in  December  1996  also 
suspended  all  visits  by  human  rights  monitors  to  prisoners  incarcerated  on  terror- 
ism and  treason  charees  (see  Section  4).  In  the  case  of  the  International  Committee 
of  the  Red  Cross  (ICRC),  the  suspension  violated  the  Government's  1992  agreement 
authorizing  ICRC  delegates  to  carry  out  such  visits.  ICRC  visits  to  holding  facilities 
were  allowed.  In  mid-April  the  ICRC  acceded  to  a  government  request  that  it  with- 
draw its  deputy  chief  delegate  who,  the  Government  suspected,  had  cultivated  ex- 
cessively close  ties  with  the  hostage  takers.  Soon  after  tne  April  22  conclusion  of 
the  hostage  crisis,  church  and  other  human  rights  monitors  were  permitted  to  re- 
sume their  scheduled  prison  visits.  However,  the  Government  continued  its  ban  on 
the  ICRC's  prison  visits,  arguing  that  security  conditions  still  did  not  permit  re- 
sumption of  ICRC  activities,  even  though  by  October  the  ICRC  had  totally  replaced 
its  hostage  crisis  team  with  new  personnel.  On  December  2,  President  Fujimori  an- 
nounced that  as  of  December  8,  the  ICRC  would  be  permitted  to  resume  monthly 
prison  visits  to  individuals  convicted  of  terrorism  and  treason  oflienses. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Arbitrary  detention  remains  a  problem. 
The  Constitution,  Criminal  Code,  and  antiterrorist  statutes  delineate  the  arrest  and 
detention  process.  However,  a  number  of  constitutional  protections  are  suspended 
in  the  emergency  zones  where,  for  example,  security  forces  do  not  need  an  arrest 
warrant  in  order  to  detain  a  suspect.  The  law  permits  the  police  to  detain  terrorism 


627 

and  treason  suspects  for  a  maximum  of  15  days,  and  to  hold  them  incommunicado 
for  the  first  10  days.  The  authorities  prohibit  families  from  visiting  suspects  being 
held  incommunicado,  and  attorneys  only  have  access  to  them  during  the  preparation 
and  giving  of  sworn  statements  to  the  prosecutor. 

Outside  the  emergency  zones,  the  Constitution  requires  a  written  judicial  warrant 
for  an  arrest  to  be  made  unless  the  perpetrator  of  a  crime  is  caught  in  the  act.  With 
respect  to  detention  without  arrest,  the  Organic  Law  of  the  National  Police  con- 
tradicts the  constitutional  provision,  permitting  the  police  to  detain  a  person  for  any 
investigative  purpose.  Although  the  authorities  must  arraign  arrested  persons  with- 
in 24  hours,  they  often  violate  this  requirement  in  practice.  In  cases  of  terrorism, 
drug  trafficking,  or  espionage,  however,  arraignment  must  take  place  within  30 
days.  The  military  authorities  must  turn  over  persons  they  detain  to  the  civilian  po- 
lice within  24  hours;  in  remote  areas  of  the  country  this  must  be  accomplished  as 
soon  as  practicable.  However,  the  military  sometimes  disregard  this  requirement. 

In  1993  the  antiterrorism  laws  were  amended,  authorizing  lower  court  and  supe- 
rior court  judges  to  order  the  unconditional  release  of  suspected  terrorists  if  there 
is  insufficient  evidence  to  bring  a  case  against  them.  However,  judges  rarely  exer- 
cise this  provision.  As  a  result,  accused  terrorists  must  sometimes  wait  until  their 
cases  have  been  reviewed  and  dismissed  by  the  Supreme  Court  before  they  are 
freed,  a  process  that  often  lasts  more  than  a  year.  Detainees  have  the  right  to  a 
prompt  judicial  determination  of  the  legality  of  their  detention  and  adjudication  of 
their  habeas  corpus  petitions.  However,  according  to  human  richts  attorneys,  judges 
have  denied  most  reauests  for  such  hearings.  According  to  the  National  Penitentiary 
Institute,  the  elapsea  time  between  arrest  and  trial  in  civil,  criminal,  and  terrorism 
cases  averages  between  26  and  36  months.  However,  those  tried  by  military  courts 
on  treason  charges  do  not  generally  have  to  wait  more  than  40  days  for  their  trial, 
following  their  arrest. 

The  Constitution  does  not  permit  exile,  and  the  Government  respects  this  prohibi- 
tion. 

e.  Denial  of  Fair  Public  Trial. — Under  the  1993  Constitution,  several  new  systems 
and  institutions  were  created  to  enhance  the  independence  and  professionalism  of 
the  judiciary.  However,  in  practice,  the  judicial  system  is  inefficient,  not  fully  inde- 
pendent of  the  executive  branch,  and  therefore  often  compromised.  Of  the  country's 
1,473  judges,  only  403  have  permanent  appointments,  having  been  independently 
selected.  The  remaining  1,070,  including  16  of  the  32  judges  on  the  Supreme  Court, 
have  provisional  or  temporary  status  only.  Critics  charge  that  these  judges,  lacking 
tenure  in  office,  are  much  more  susceptible  to  outside  pressures. 

The  new  systems  and  institutions  include  an  improved  method  for  the  selection 
of  judges;  a  Constitutional  Tribunal,  to  rule  on  the  constitutionality  of  congressional 
legislation  and  government  actions;  a  National  Judiciary  Council  to  test,  nominate, 
confirm,  evaluate  and  discipline  judges  and  prosecutors;  a  Judicial  Academy  for 
training  judges  and  prosecutors;  and  an  autonomous  Human  Rights  Ombudsman. 
To  increase  the  overall  efficiency  of  the  judicial  branch,  in  1995  the  President  cre- 
ated the  Judicial  Coordination  Council  to  serve  as  an  umbrella  over  a  number  of 
these  new  and  other  already  existing  judicial  bodies.  At  the  same  time,  he  appointed 
an  Executive  Commission  of  the  Judicial  Branch  whose  mission  is  to  implement 
wide-ranging  reforms  in  the  judicial  system.  Some  improvements  of  a  technical  na- 
ture have  been  instituted,  including  a  measure  of  decentralization  in  the  adminis- 
tration of  justice  and  more  efficient  recordkeeping. 

However,  critics  questioned  the  independence  of  the  Constitutional  Tribunal  from 
its  inception  in  1995:  while  a  majority  of  six  of  the  Tribunal's  seven  members  is  re- 
quired to  declare  any  law  or  government  action  unconstitutional,  three  of  the  Tribu- 
nal's original  judges  were  politically  or  ideologically  allied  with  the  President  and 
his  party;  observers  expected  that  they  would  block  any  attempts  to  declare  uncon- 
stitutional laws  or  actions  favored  by  the  administration.  In  addition,  critics  point 
to  the  fact  that  the  constitutionality  of  a  law  may  be  challenged  only  during  a  6- 
month  period  immediately  following  its  enactment.  Government  opponents  also 
claim  that  another  indication  of  the  President's  wish  to  solidify  executive  control 
over  the  justice  system  was  his  appointment  of  a  retired  navy  commander  as  Execu- 
tive Secretary  of  the  Executive  Commission  of  the  Judicial  Branch.  The  constitu- 
tional controversy  over  the  new  law  Congress  passed  to  enable  President  Fujimori 
to  run  for  a  third  term  led  Congress  to  remove  three  Tribunal  judges  from  office 
(see  Section  3). 

There  is  a  three-tier  court  structure:  lower  courts,  superior  courts,  and  the  Su- 
preme Court.  The  justice  system  is  generally  based  on  the  Napoleonic  Code.  In  the 
civilian  courts,  criminal  cases  may  move  through  a  total  of  three  distinct  prosecu- 
torial and  judicial  phases.  The  first  phase  takes  place  in  a  lower  court  where  a  Pub- 
lic Ministry  prosecutor  investigates  cases  and  submits  an  opinion  to  an  examining 


628 

judge  who  initially  determines  whether  there  is  suflicient  evidence  to  issue  an  in- 
dictment. If  there  is,  the  judge  studies  the  case,  assembles  all  necessary  case  docu- 
ments and  files,  and  transfers  the  case  for  trial  and  sentencing  to  the  superior  court. 
In  the  second  phase,  a  superior  court  prosecutor  reviews  the  lower  court  decision 
and  renders  an  advisory  opinion  to  a  superior  court  judge  who  may  hold  a  trial.  Vir- 
tually all  convictions  in  the  civilian  courts  continue  to  the  final  phase  where  appeals 
are  heard  by  the  Supreme  Court. 

A  1993  amendment  to  the  antiterrorism  statutes  eliminated  convictions  in 
absentia  of  suspected  terrorists.  As  a  result,  all  defendants  now  have  the  ri^t  to 
be  present  at  their  trial.  Defendants  also  have  the  right  to  counsel.  However,  the 
Government  often  fails  to  provide  indigent  defendants  with  qualified  attorneys. 

Under  the  military  justice  system,  judges  in  the  lower  military  courts  have  the 
power  to  sentence  and  are  required  to  pass  judgment  within  10  days  of  a  trial's 
opening.  Defendants  may  then  appeal  their  sentences  to  the  Superior  Military 
Council  which,  in  turn,  has  10  days  to  make  its  decision.  A  final  appeal  may  be 
made  to  the  Supreme  Council  of  Military  Justice  which  must  issue  its  ruling  within 
5  days.  While  terrorism  cases  are  tried  in  civilian  courts,  cases  of  treason  or  aggra- 
vated terrorism  may  be  tried  only  before  military  courts. 

In  general,  human  rights  groups  have  been  most  critical  of  the  power  of  the  mili- 
tary courts  to  try  civilians  and  of  the  powerlessness  of  the  civilian  judicial  system 
to  review  military  court  decisions.  For  example,  in  February  Gustavo  Adolfo  Cesti 
Hurtado,  an  insurance  broker  who  had  retired  from  military  service  13  years  ear- 
lier, was  arrested,  prosecuted,  convicted,  and  sentenced  to  prison  by  the  military 
justice  system,  in  a  complicated  case  involving,  in  part,  alleged  insurance  fraud  in 
a  military  purchase  of  helicopters.  When  a  civilian  court  approved  a  habeas  corpus 
petition  and  ordered  the  military  court  to  release  Cesti,  the  military  jurisdiction  not 
only  refused  to  do  so  but  also  charged  the  civilian  judges  with  usurpation  of  power 
ana  sought  to  have  them  reassigned.  In  March  Cesti's  lawyer  presented  the  case  to 
the  Inter-American  Commission  on  Human  Rights,  which  submitted  it  to  the  Inter- 
American  Court  of  Human  Rights.  In  addition,  human  rights  groups  charge  that  the 
vaguely  worded  definitions  of  certain  crimes  in  the  antiterrorism  statutes  often  lead 
military  judges  to  issue  sentences  disproportionate  to  the  crimes  committed. 

Proceedings  in  terrorism  cases  in  the  civilian  courts,  and  particularly  those  trea- 
son cases  under  the  military  justice  system,  do  not  meet  internationally  accepted 
standards  of  openness,  fairness,  and  due  process.  Military  courts  hold  treason  trials 
in  secret  and,  until  mid-October,  all  terrorism  and  treason  trials  were  carried  out 
by  so-caUed  faceless  judges,  whose  identities  were  hidden  from  view  by  a  one-way 
glass  partition.  Many  judges  in  the  military  justice  system  are  beUeved  to  be  active- 
duty  fine  officers  with  little  or  no  professional  legal  training.  Defense  attorneys  in 
treason  trials  are  not  permitted  adequate  access  to  the  files  containing  the  State's 
evidence  against  their  clients;  nor  are  they  allowed  to  interview  police  or  military 
witnesses,  either  before  or  during  the  trial.  Human  rights  groups  charge  that  some 
military  judges  have  sentenced  defendants  without  having  first  notified  their  law- 
yers that  their  clients'  trials  had  even  begun. 

Defendants  in  treason  cases  who  are  found  not  guilty  by  a  military  court  may  be 
remanded  to  a  civilian  court  for  a  second  trial  based  on  the  same  facts,  a  practice 
criticized  by  human  rights  monitors  as  double  jeopardy.  This  was  the  main  issue 
that  led  the  Inter-American  Court  of  Human  Rights,  on  September  17,  to  order  the 
Government  to  release  Maria  Elena  Loayza  Tamayo  from  jail  and  pay  her  com- 
pensation. After  the  military  justice  system  had  absolved  her  of  treason  charges, 
Loayza,  a  university  professor,  was  retried  for  terrorism  by  a  civilian  court,  which 
sentenced  her  to  20  years  in  prison.  The  Government  complied  with  the  Inter-Amer- 
ican Court's  ruling  and  released  Loayza  on  October  16;  however,  the  Government 
had  not  complied  with  the  compensation  order  by  year's  end. 

The  faceless  courts  were  originally  instituted  as  a  means  of  protecting  the  judges, 
prosecutors,  and  witnesses  involved  in  trying  terrorists  from  possible  reprisals  by 
Sendero  Luminoso  and  the  MRTA.  However,  the  human  rights  community  argued 
that,  in  view  of  the  declining  terrorist  threat,  the  continuing  use  of  faceless  courts 
was  no  longer  justified.  In  July  1996,  the  United  Nations  Human  Rights  Committee 
called  on  the  Government  to  end  the  faceless  tribunal  system  because  of  its  lack  of 
due  process.  This  call  was  supported  in  September  1996  by  visiting  United  Nations 
Special  Rapporteur  Dato'param  Cumaraswamy,  as  well  as  by  the  lACHR,  which 
proposed  in  its  1996  annual  report  a  series  of  reforms  that  would  bring  the 
antiterrorism  statutes  into  line  with  internationally  accepted  human  rights  norms 
and  standards.  The  January  1996  sentencing  of  U.S.  citizen  Lori  Berenson  to  life 
imprisonment  on  treason  charges  stemming  from  her  involvement  with  the  MRTA, 
and  the  April  1997  confirmation  of  her  sentence  by  the  Supreme  Council  of  Military 
Justice,  focused  additional  international  attention  on  the  secrecy,  unfairness,  and 


629 

due  process  shortcomings  of  the  faceless  military  courts.  On  September  29,  the  Gov- 
ernment announced  its  decision  not  to  seek  an  extension  of  the  civilian  faceless  tri- 
bunals beyond  their  scheduled  expiration  on  October  15  and  its  intention  to  replace 
them  with  a  new  system  of  specialized  terrorism  courts.  The  military  authorities  de- 
creed an  end  to  military  faceless  courts  as  well,  also  effective  October  15. 

On  November  19,  the  Executive  Commission  of  the  Judicial  Branch  announced 
the  broad  outlines  of  a  system  of  specialized  civilian  terrorism  courts  to  replace  the 
abolished  faceless  tribunals.  The  military  court  structure,  which  handles  all  treason 
cases,  is  to  remain  in  place,  except  that  judges'  identities  are  not  to  be  concealed. 
The  new  civilian  structure,  to  be  based  entirely  in  Lima,  is  to  consist  of  first-in- 
stance tribunals  that  are  to  assemble  case  files  emd  prepare  them  for  transmittal 
to  specialized  terrorism  courts  at  the  superior  court  level  and  a  specialized  division 
of  the  Supreme  Court,  which  is  to  hear  appeals.  First-instance  tribunals  and  special- 
ized terrorism  courts  are  to  travel  to  the  provinces  as  needed. 

The  ad  hoc  Pardons  Commission,  established  by  Congress  in  1996  for  an  initial 
term  of  6  months,  continued  its  mission  to  recommend  presidential  pardons  for  pris- 
oners believed  to  have  been  unjustly  convicted  of  terrorism  or  treason.  The  Commis- 
sion comprises  the  Human  Rights  Ombudsman  as  Chairman,  the  Minister  of  Jus- 
tice, and,  representing  the  President,  long-time  prison  reformer  Father  Hubert 
Lanssiers.  The  Government,  which  had  suspended  granting  pardons  immediately 
after  the  MRTA  takeover  of  the  Japanese  Ambassador's  residence,  reinstated  the 
process  after  the  April  22  conclusion  of  the  hostage  crisis.  On  December  3,  Congress, 
which  had  earlier  extended  the  life  of  the  Pardons  Commission  for  a  second  and 
third  6-month  term,  authorized  yet  another  6-month  extension,  to  August  31,  1998. 

By  year's  end,  the  Pardons  Commission  had  received  2,541  applications,  of  which 
1,085  had  been  fully  processed,  452  were  under  active  investigation  by  the  Commis- 
sion's staff,  and  1,004  were  still  awaiting  attention.  During  the  year,  250  detainees 
were  pardoned,  bringing  the  total  to  360.  Of  this  total,  18  had  been  convicted  of 
treason  by  military  courts  and  the  remaining  342  had  been  convicted  of  terrorism 
in  civilian  courts.  Working  along  a  second  track  and  beginning  in  1994,  lawyers  rep- 
resenting four  major  human  rights  organizations  represented  prisoners  wrongly 
charged  with  terrorism  or  treason,  presented  their  cases  to  the  courts,  and  won  the 
release  of  many.  From  January  1995  through  December  1997,  the  courts  declared 
innocent  and  freed  929  such  prisoners,  bringing  the  total  of  all  prisoners  unjustly 
incarcerated  and  either  pardoned  or  exonerated  to  1,289. 

Although  human  rights  groups  have  welcomed  the  work  of  the  Pardons  Commis- 
sion, they  claim  that  granting  a  pardon  to  those  unjustly  charged  still  leaves  a  cloud 
of  suspicion  over  their  heads.  Accordingly,  they  argue  that  those  pardoned  should 
be  declared  Innocent,  should  have  any  past  criminal  record  expunged,  and  should 
be  fully  compensated  for  the  years  they  spent  in  jail.  The  Pardons  Commission 
agreed  with  this  argument  and  at  years  end  was  studying  the  best  way  to  help 
them  clear  their  names  and  reintegrate  themselves  into  the  community. 

President  Fujimori  for  the  second  time  rejected  a  bill  to  reform  the  Code  of  Crimi- 
nal Procedures,  returning  it  to  Congress  lor  extensive  revision.  The  latest  reform 
proposal  would  have  instituted  new  accusatorial,  investigative,  and  trial  procedures 
and  granted  greater  investigative  authority  to  civilian  prosecutors. 

There  were  no  reports  of  political  prisoners.  Sendero  Luminoso  and  MRTA  mem- 
bers charged  with  terrorism  are  not  considered  to  be  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  requires  security  forces  to  have  a  written  judicial  warrant  to  enter  a 
private  dwelling.  However,  this  requirement  is  suspended  in  the  emergencx'  zones, 
where  security  forces  routinely  conduct  searches  without  such  warrants.  Tne  Con- 
stitution also  provides  citizens  with  the  right  to  private  communication,  but  the 
media  reported  that  the  Government  violated  this  right.  On  July  13,  Channel  2  tele- 
vision reported  that  government  intelligence  services  had  been  secretly  and  system- 
atically monitoring  the  telephone  conversations  of  no  fewer  than  197  individuals,  in- 
cluding former  U.N.  Secretary  General  and  presidential  candidate  Javier  Perez  de 
Cuellar,  as  well  as  government  ofTicials,  opposition  politicians,  journalists,  business 
executives,  and  entertainers.  Channel  2  aired  recoraings  of  some  of  the  intercepted 
conversations  and  later  provided  transcripts  to  the  press.  Experts  interviewed  by 
the  media  stated  that,  although  many  of  tne  recordings  were  of  cellular  phone  con- 
versations that  could  have  been  made  by  a  commercially  available  scanner,  a  signifi- 
cant number  of  the  conversations  had  clearly  been  made  from  regular  telephones 
in  homes  or  offices  and  could  have  been  monitored  only  by  the  intelligence  services. 

The  Channel  2  revelations  triggered  swift  and  intense  public  criticism.  Opposition 
Congresswoman  Anel  Townsend  and  13  journalists  who  had  been  targeted  by  the 
wiretaps  filed  suit,  charging  that  the  Government  had  violated  their  constitutional 
right  to  privacy.  Prominent  nonpolitical  figures,  such  as  the  President  of  the  Na- 


630 

tional  Council  of  Industrialists  and  Businessmen,  himself  a  wiretap  target,  criticized 
the  telephone  monitoring. 

In  response  to  the  criticism,  on  July  15  F*resident  Fujimori  absolved  the  intel- 
ligence services  of  the  accusations  against  them,  asserted  that  private  individuals 
with  scanners  had  carried  out  the  wiretapping,  and  charged  the  opposition  with  try- 
ing to  further  its  own  ends  by  portraying  the  Government  as  a  dictatorship.  Despite 
the  appointment  of  a  special  prosecutor  and  the  cooperation  of  Channel  2  reporters, 
no  criminal  charges  in  the  case  had  been  filed  by  year's  end.  A  judge  dismissed  the 
civil  damages  suit  filed  by  Congresswoman  Townsend.  A  congressional  committee 
began  an  investigation  of  tne  charges;  at  year's  end,  it  was  still  at  work. 

Prompted  by  the  terrorism  and  banditry  that  characterized  the  internal  conflict, 
a  number  of  rural  communities  organized  their  own  self-defense  units,  or  "rondas," 
which  are  often  trained,  armed,  and  encouraged  by  the  regular  security  forces.  How- 
ever, some  military  commanders  have  gone  beyond  encouragement  and,  at  times,  co- 
erced peasants  into  joining  the  rondas,  thereby  disrupting  their  home  and  family 
life. 

To  a  far  greater  degree,  Sendero  Luminoso  and  the  MRTA  are  known  to  have 
forced  peasants  to  join  their  ranks  and  to  participate  in  terrorist  attacks  and  execu- 
tions, similarly  disrupting  the  private  lives  of  many  families.  Several  relatives  of  the 
younger  MRTa  members  involved  in  the  hostage  taking  at  the  Japanese  Ambas- 
sadors residence  claimed  that  their  family  members  had  been  forced  to  join  the 
MRTA. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— According  to  statistics  gathered  by  the  Center  for  the  Study  and  Promotion 
of  Development  from  press  reports  and  unofficial  police  records,  the  number  of  vio- 
lent attacks  carried  out  by  the  Sendero  Luminoso  and  MRTA  terrorist  groups  in- 
creased slightly  from  1996  levels.  There  were  662  such  attacks  in  1997,  compared 
with  600  in  1996.  However,  the  total  number  of  deaths  attributable  to  the  internal 
conflict  decreased  sharply,  from  283  in  1996  to  162  in  1997.  The  reduction  in  the 
number  of  fatalities  was  most  noticeable  among  the  civilian  population.  Whereas  se- 
curity force  deaths,  including  both  military  and  police,  decreased  from  61  in  1996 
to  44  in  1997,  and  terrorist  deaths  declined  from  83  to  48,  the  civilian  toll  dropped 
significantly  by  comparison,  from  139  deaths  in  1996  to  70  in  1997. 

The  Government's  largely  successful  campaign  against  terrorism  suffered  a  set- 
back in  December  1996  when  a  group  of  MRTA  terrorists  took  over  the  Japanese 
Ambassador's  residence  in  Lima.  The  14  heavily  armed  terrorists  captured  more 
than  500  hostages,  including  many  prominent  individuals,  and  then  proceeded  to 
boobytrap  and  mine  the  premises.  Most  of  the  hostages  were  freed  within  several 
days.  In  an  April  22  rescue  operation,  a  military  team  freed  the  remaining  72  hos- 
tages. Two  of  the  soldiers  who  stormed  the  property  and  all  14  MRTA  terrorists 
were  killed  during  the  operation;  1  hostage  subsequently  died  of  complications  re- 
sulting from  a  wound  incurred  during  the  mission.  Although  President  Fujimori  de- 
clared the  mission  a  complete  success,  the  press  reported  that  some  of  the  freed  hos- 
tages, who  did  not  wish  to  be  identified,  suggested  that  at  least  one  of  the  MRTA 
terrorists  was  killed  after  surrendering  (see  Section  l.a.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press.  However,  while  the  Government  generally  respects  these  provi- 
sions, security  forces  officials  harassed  and  intimidated  journalists. 

The  media,  which  represent  a  spectrum  ranging  from  left-leaning  opposition  to 
pro-government  views,  vigorously  aefend  press  freedom.  In  the  greater  Lima  area 
alone,  there  are  16  daily  newspapers,  7  television  stations,  150  radio  stations,  and 
2  commercial  cable  systems.  The  Government  owns  one  daily  newspaper,  one  tele- 
vision network  and  two  radio  stations,  none  of  which  is  particularly  influential. 

Tensions  increased  during  the  year  between  the  Government  and  the  segment  of 
the  media  that  was  very  critical  of  certain  government  policies  and  actions,  and 
whose  investigative  reporting  about  alleged  oflicial  wrongdoing  generated  wide  pub- 
lic criticism.  The  most  controversial  development  in  the  area  of  press  freedom  con- 
cerned Baruch  Ivcher,  the  Israeli-bom,  naturalized  Peruvian  majority  owner  of 
Channel  2  television  station,  which  was  outspokenly  critical  of  the  (jovemment. 
Channel  2  reporters  revealed  torture  by  Army  Intelligence  Service  officers;  the  sys- 
tematic wiretapping  of  journalists,  government  officials,  and  opposition  politicians; 
and  the  income  tax  return  of  Vladimiro  Montesinos,  President  Fujimori's  senior  in- 
telligence adviser  (see  Sections  I.e.  and  l.f.).  On  July  13,  the  immigration  authori- 
ties revoked  Ivcher's  citizenship,  claiming  irregularities  in  his  original  application 
13  years  earlier.  Ivcher  lost  control  of  Channel  2  under  an  interpretation  of  a  law 
that  provides  that  a  foreigner  may  not  own  a  media  organization.  He  cannot  regain 


631 

managerial  control  of  the  station  until  all  his  appeals  are  exhausted,  and  the  issue 
of  his  nationality  is  resolved  (see  Section  2.d.).  With  Ivcher's  departure,  his  minority 
partners  took  over  the  station,  at  which  point  many  of  Channel  2's  broadcast  and 
administrative  staff  resigned  in  protest.  The  Government's  action  in  this  case  was 
widely  interpreted  as  an  attempt  to  prevent  the  station  from  broadcasting  any  more 
negative  stories  about  the  regime.  If  this  was  the  case,  it  appears  to  have  succeeded, 
as  very  few  stories  critical  of  the  Government  appeared  on  Channel  2  since  the 
change  of  management. 

Incidents  of  harassment  of  media  representatives  increased  to  such  an  extent  as 
to  create  the  perception  of  an  organizea  campaign  of  intimidation  on  the  part  of  the 
Government,  specifically,  on  the  part  of  the  armed  forces  and  intelligence  services. 
This  perception  created  unease  not  only  among  critics  of  the  Government  but  also 
among  its  traditional  supporters.  In  addition  to  the  telephone  wiretaps  of  woriting 
journalists  and  senior  media  officials  (see  Section  l.f.),  there  were  other  disturbing 
incidents. 

During  the  hostage  crisis  at  the  Japanese  Ambassador's  residence,  a  Mexican  re- 
porter working  for  a  British  television  network  left  the  country,  claiming  that  he 
nad  received  threats  from  the  intelligence  services  after  it  was  learned  that  he  had 
talked  a  number  of  times  by  shortwave  radio  with  the  leader  of  the  MRTA  hostage 
takers.  In  July  armed  forces  personnel  reportedly  beat  the  chief  political  reporter 
of  Lima's  most  popular  tabloid,  after  his  newspaper  changed  its  editorial  line  from 
support  of  the  Gtovemment  to  criticism  of  it.  A  number  of  reporters,  columnists,  and 
editorial  writers  complained  that  they  were  under  constant  surveillance  and  re- 
ceived anonymous  telephone  calls  made  by  members  of  the  intelligence  services  to 
both  their  homes  and  offices.  Several  media  organizations  also  reported  attempts  at 
government  intimidation  by  means  of  National  Tax  Administration  audits.  In  addi- 
tion, media  representatives  report  that  the  Government  favors  some  media  outlets 
over  others  with  respect  to  the  placement  of  advertising.  The  combination  of  wire- 
taps, strong-arm  tactics,  reports  of  surveillance,  and  other  incidents  of  harassment 
and  discrimination  contributed  to  the  widely  held  public  perception  of  a  government 
campaign  against  opposition  media. 

There  were  frequent  instances  in  which  media  sources  reported  misleading  infor- 
mation, some  of  which  was  allegedly  supplied  by  elements  of  the  armed  forces  and 
intelligence  services  to  further  their  own  ends.  Favorite  topics  of  such  misleading 
information  campaigns  were  coup  plots  and  rising  tensions  on  the  Peru-Ecuador  bor- 
der. 

In  July  Congress  passed  a  "rectification  law,"  requiring  media  organizations  to 
correct  "factualerrors"  within  a  reasonable  time  after  publication.  The  law  amended 
earlier  controversial  legislation  that  would  have  automatically  held  media  owners 
legally  liable  for  errors  published.  In  September  the  major  print  media  established 
a  self-regulatory  press  council,  in  an  effort  to  preempt  further  government  attempts 
to  regulate  the  press. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  peaceful  assembly,  and  the  authorities  generally  respect  this  right  in 
practice,  except  in  the  designated  emergency  zones  where  the  rignt  of  assembly  is 
suspended.  Public  meetings  in  plazas  or  streets  require  advance  permission,  which 
may  be  denied  only  for  reasons  of  public  safety  or  health.  Municipal  authorities  usu- 
ally granted  permits  for  demonstrations  in  all  nonemergency  zones. 

On  June  5,  over  3,000  protesters  representing  labor  unions,  student  organizations, 
and  opposition  political  parties  demonstrated  against  the  ouster  by  Congress  of 
three  Constitutional  Tribunal  judges  who  had  opposed  a  law  that  would  have  al- 
lowed President  Fujimori  to  run  for  a  third  consecutive  term  in  2000  (see  Section 
3).  Over  100  mounted  police  used  a  powerful  water  cannon  and  tear  gas  to  disperse 
the  marchers.  A  number  of  them  were  briefiy  detained. 

The  Constitution  provides  for  freedom  of  association,  and  the  authorities  generally 
respect  this  right  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  rehgion,  and  the 
Government  generally  respects  this  provision  in  practice.  The  Constitution  recog- 
nizes the  Catholic  Church  "as  an  important  element  in  the  historical,  cultural,  and 
moral  development"  of  the  nation,  but  also  establishes  the  separation  of  church  and 
State.  Conversion  to  other  religions  is  respected,  and  missionaries  are  allowed  to 
enter  the  country  and  proselytize. 

Although  teaching  about  Roman  Catholicism  has  not  been  required  in  the  public 
school  system  since  the  education  reforms  of  the  1970's,  most  schools  devote  1  hour 
a  week  to  such  study.  Parents  who  do  not  wish  their  children  to  participate  in  these 
classes  are  expected  to  submit  a  written  request  for  an  exemption  to  the  school  prin- 
cipal. Non-Catholics  who  wish  their  children  to  receive  a  religious  education  in  their 


632 

own  particular  faith  are  free  to  organize  such  classes  during  the  weekly  hour  allot- 
ted by  the  school  for  religious  education,  but  must  supply  their  own  teacher. 

Sendero  Luminoso  rejects  religion  and  occasionally  still  threatens  and  intimidates 
religious  workers.  Prior  to  1996,  members  of  the  Mormon  Church,  in  particular, 
were  targeted  by  Sendero  Luminoso  bombings  and  extortion  threats.  However,  Mor- 
mon Church  officials  report  no  incidents  during  the  past  2  years,  attributing  this 
development  to  the  overall  decrease  in  Sendero  activity  and  to  the  Church's  decision 
not  to  send  its  missionaries  into  areas  where  terrorists  are  known  to  operate. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^The  Constitution  provides  for  the  right  to  free  movement.  However, 
freedom  of  movement  is  suspended  in  the  emergency  zones,  which  cover  16  percent 
of  the  country's  territory  and  where  the  security  forces  may  detain  travelers  at  any 
time.  Nevertheless,  travel  in  these  zones  is  generally  permitted  under  the  army's 
supervision.  Passengers  on  public  transportation  and  drivers  in  private  vehicles  may 
be  checked  at  control  points  throughout  the  country. 

Sendero  Luminoso  occasionally  still  interrupts  the  free  movement  of  people,  and 
reports  of  its  roadblocks  in  sections  of  the  upper  Huallaga  Valley  and  in  the  depart- 
ment of  Ayacucho  were  common. 

Although  there  are  no  political  or  le^al  constraints  on  foreign  travel  or  emigration, 
the  authorities  can  restrict  persons  with  pending  criminal  and,  in  some  cases,  civil 
charges  against  them  from  leaving  the  country.  Repatriates,  both  voluntary  and  in- 
voluntary, are  not  treated  differently  from  other  citizens. 

The  Constitution  prohibits  the  revocation  of  citizenship.  However,  one  of  the  sto- 
ries that  received  extensive  media  and  public  attention  involved  a  series  of  appar- 
ently interconnected  events  that  began  with  the  May  28  announcement  of  regula- 
tions implementing  the  new  Nationality  Law  of  January  1996.  According  to  the  new 
law,  naturalized  Peruvians  can  lose  their  citizenship  for,  among  other  reasons,  com- 
mitting crimes  against  the  State,  national  defense,  and  public  security,  as  well  as 
for  reasons  that  "affect  the  public  interest  and  the  national  interest."  On  July  10, 
the  National  Police  chief  announced  that  irregularities  had  been  found  in  the  file 
of  Baruch  Ivcher,  the  Israeli-born,  naturalized  Peruvian  majority  owner  of  television 
station  Channel  2  which  had  carried  stories  of  government  abuse  (see  Section  2.a.). 
Although  the  authorities  did  not  accuse  Ivcher  of  committing  any  of  the  crimes  spec- 
ified in  the  Nationality  Law,  the  police  chiefs  announcement  was  followed  by  a  July 
13  government  decree  invalidating  Ivcher's  naturalization  13  years  earlier.  On  July 
14,  Foreign  Minister  Francisco  Tudela  submitted  his  resignation,  an  action  that  he 
said  in  late  September  had  been  prompted  by  the  Government's  behavior  toward 
Ivcher.  On  August  14,  a  lower  court  judge  denied  Ivcher's  appeal  of  the  decree,  as 
did  the  Corporate  Court  of  Public  Law,  on  September  16.  On  December  23,  Ivcher, 
who  was  out  of  the  country  throughout  the  legal  process,  was  notified  that  he  had 
lost  yet  another  appeal  in  the  courts.  Although  he  still  could  resort  to  the  Constitu- 
tional Tribunal,  at  year's  end,  he  was  trying  to  pursue  his  case  through  the  inter- 
American  human  rights  system. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees in  granting  asylum  and  refugee  status  and  recognizes  the  Catholic  Migration 
Commission  as  the  official  provider  of  technical  assistance  to  refiigees  ana  appli- 
cants for  asylum.  The  Commission  also  advises  Peruvian  citizens  fearing  persecu- 
tion at  home  and  seeking  asylum  abroad.  There  are  738  persons  in  the  country  with 
refugee  status,  of  whom  451  are  Cubans.  These  refugees  are  allowed  to  live  and 
work  normally,  while  awaiting  receipt  of  their  permanent  residency.  Of  the  738, 
only  30  are  still  awaiting  a  permit.  Even  though  permanent  residents  are  free  to 
apply  for  citizenship  after  2  years  in  the  country,  few  do.  The  issue  of  the  provision 
of  first  asylum  did  not  arise  in  1997.  There  were  no  reports  of  the  forced  return  of 
persons  to  countries  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  for  the  right  of  citizens  to  change  their  government,  al- 
though the  law  bars  groups  that  advocate  the  violent  overthrow  of  the  Government 
from  participating  in  the  political  process.  Voting  is  by  secret  ballot  and  is  manda- 
tory for  all  citizens  between  the  ages  of  18  and  70.  However,  members  of  the  armed 
forces  and  the  police,  as  well  as  prisoners,  are  ineligible  to  vote. 

In  accordance  with  provisions  in  the  1993  Constitution,  President  Fujimori  ran  for 
a  second  5-year  term  in  1995  and  was  reelected  over  12  other  candiclates,  with  65 
percent  of  the  vote.  Voters  also  elected  the  120  members  of  the  unicameral  Con- 
gress. Sixty-nine  seats  are  held  by  members  of  Fujimori's  Cambio  90/Nueva  Mayoria 
movement.  The  remaining  51  members  represent  11  opposition  parties.  On  June  25, 
Congress  passed  a  new  Electoral  Law,  which  codifies  the  existing  system  whereby 


633 

each  of  the  participating  political  parties  prepares  its  national  list  of  ranked  can- 
didates, and  the  120  members  of  the  unicameral  legislature  are  elected  from  these 
party  lists  in  proportion  to  the  number  of  votes  received  by  each  party. 

The  debate  over  President  Fujimori's  eligibility  to  seek  reelection  continued 
throughout  the  year.  In  August  1996,  despite  vocal  opposition  both  in  and  out  of 
Congress,  President  Fujimori's  controlling  congressional  majority  interpreted  the 
constitutional  provision  limiting  presidents  to  no  more  than  two  consecutive  terms 
in  office  to  permit  him  to  run  for  a  third  consecutive  term  in  2000,  claiming  that 
it  would  be  only  his  second  term  under  the  1993  Constitution.  Although  opponents 
of  the  interpretive  law  proceeded  to  challenge  its  constitutionality  before  the  seven- 
member  Constitutional  Tribunal,  the  Tribunal  was  unable  to  muster  the  six  votes 
necessary  to  rule  the  law  unconstitutional.  This  deadlock  effectively  transferred  the 
legal  question  surrounding  a  third  Fujimori  candidacy  to  the  National  Board  of 
Ekctions,  which  is  charged  with  ruling  on  the  eligibility  of  presidential  contenders. 
However,  the  Board  is  not  required  to  rule  on  the  legality  of  such  a  candidacy  until 
1999,  when  all  presidential  candidates  file  their  papers. 

The  three  Tribunal  judges  opposed  to  the  law  called  a  press  conference  and  an- 
nounced their  nonbinding  opinion  that  the  law,  although  not  necessarily  unconstitu- 
tional, was  "inapplicable  to  the  Fujimori  case.  In  response,  a  congressional  commit- 
tee on  May  5  accused  the  three  judges  of  exceeding  their  authority,  and  charged  Tri- 
bunal president  Ricardo  Nugent  with  failing  to  prevent  the  action  of  his  three  col- 
leagues. On  May  23,  a  special  committee  of  the  Congress  ratified  the  charges 
against  the  three  associate  judges  and  the  Tribunal  president,  and  referred  the  mat- 
ter of  sanctions,  including  possible  removal  from  office,  for  consideration  by  the  full 
Congress. 

Legal  scholars  were  divided  as  to  whether  the  removal  of  Constitutional  Tribunal 
judges  required  a  simple  majority  vote  or  a  two-thirds  vote,  an  issue  on  which  the 
Constitution  is  silent.  Nevertheless,  on  May  29,  amid  press  and  public  criticism  at 
what  was  widely  characterized  as  a  "coup,"  Confess  voted,  by  a  simple  majority 
of  those  present,  to  remove  the  three  associate  judges  from  office,  for  having  ex- 
ceeded their  authority  by  issuing  a  minority  opinion  as  if  it  were  a  legally  binding 
ruling  of  the  Tribunal.  At  the  same  time.  Congress  voted  to  return  for  further  com- 
mittee action  the  charges  against  Tribunal  president  Nugent.  On  May  30,  Nugent 
announced  his  resignation  from  the  Tribunal  presidency,  declaring  his  solidarity 
with  the  dismissed  judges,  and  saying  that  his  resignation  was  a  moral  imperative 
and  the  only  way  he  could  protest  the  treatment  to  which  his  colleagues  had  been 
subjected.  However,  by  law,  Nugent  must  remain  in  his  position  until  Congress 
elects  a  successor.  Although  the  congressional  leadership  quickly  appointed  a  selec- 
tion committee  to  nominate  candidates  for  the  four  vacant  seats,  oy  year's  end  it 
had  not  reached  a  consensus  on  the  candidates,  and  the  constitutional  stalemate 
continued. 

The  controversy  over  President  Fujimori's  eligibility  to  run  for  a  third  term  in 
2000  resurfaced  on  December  10,  when  the  congressional  majority  introduced  a  bill 
granting  temporary  and  provisional  judges  and  prosecutors  the  same  rights  and  sta- 
tus as  their  permanent  counterparts.  Critics  of  the  regime  claimed  that  this  law  was 
intended  to  set  the  stage  for  these  newly  empowered  officials  to  exercise  their  right 
to  name  the  president  and  several  members  of  the  National  Board  of  Elections  in 
June  1998.  The  board,  which  is  the  ultimate  court  of  appeal  for  all  election-related 
disputes,  is  expected  to  rule  eventually  on  the  legality  oi  a  third  Fujimori  candidacy. 
Fujimori  opponents  believe  that  these  untenurea  officials  would  succumb  to  outside 
pressure  and  favor  naming  the  President's  supporters  to  the  board.  Angered  by  the 
DiU's  introduction,  the  congressional  opposition  walked  out  of  the  chamber  before 
the  vote.  After  President  Fujimori  signed  the  bill  into  law,  the  president  of  the  Con- 
fess suspended  the  plenary  session  and  called  a  closed  session,  which  granted  the 
Permanent  Commission  of  Congress  extraordinary  powers  to  legislate  for  180  days. 
At  year's  end,  the  majority  and  the  opposition  were  still  negotiating  terms  and  con- 
ditions to  reinstate  the  plenary  session  and  resume  full  congressional  activity. 

A  signature  drive  to  petition  for  a  national  referendum  on  whether  President 
Fujimori  should  be  allowed  to  run  again  continued  throughout  the  year.  The  drive, 
which  began  in  1996,  had  gathered  some  400,000  of  the  1.25  million  signatures  nec- 
essary by  the  time  the  MKTA  hostage  crisis  pushed  it  out  of  public  attention.  How- 
ever, the  drive  regained  momentum  toward  year's  end  and  had  reportedly  gathered 
900,000  of  the  needed  signatures. 

Opposition  suspicions  of  possible  fraud  in  the  2000  election  were  highlighted  by 
charges  in  November  by  Congresswoman  Townsend  that  the  National  Intelligence 
Service  had  planted  undercover  agents  inside  the  National  Voter  Registration  Bu- 
reau. Congress  appointed  a  subcommittee  to  investigate  these  charges,  but  it  had 
not  published  its  report  by  year's  end. 


634 

The  right  of  citizens  to  elect  local  officials  received  a  boost  in  small  towns  when, 
on  November  23,  62  localities  successfully  carried  out  the  country's  first  recall  elec- 
tions. Approximately  120,000  citizens  participated  in  the  elections,  voting  to  remove 
from  office  43  mayors  and  85  council  members,  and  to  retain  in  office  18  mayors 
and  44  council  members.  So  many  officials  were  removed  that  special  elections  need 
to  be  called  in  17  of  these  municipalities  to  constitute  new  councils  that  would  serve 
until  the  October  1998  municipal  elections. 

Women  and  some  minorities  are  represented  in  government  and  actively  partici- 
pate in  politics.  There  are  13  female  members  of  Congress.  In  addition,  1  of  15  cabi- 
net ministers  and  several  vice  ministers  are  women,  as  are  3  of  the  32  Supreme 
Court  justices.  A  nationwide  drive  was  conducted  to  replace  the  citizenship  papers 
and  voter  registration  cards  lost  by  women  who  were  displaced  by  the  internal  con- 
flict and  who  returned  to  their  original  communities,  in  time  for  the  1998  municipal 
elections  and  for  the  2000  general  elections.  In  addition,  Congress  passed  two  new 
laws  governing  general  elections  and  municipal  elections,  which  mandate  that  at 
least  25  percent  of  all  party  candidate  lists  for  congressional  and  municipal  elections 
be  composed  of  women. 

Peruvians  of  Asian  descent  hold  leadership  positions  in  government;  President 
Fujimori  is  of  Japanese  descent.  There  are  several  indigenous  members  of  Congress 
and  a  recent  vice  president  was  a  Quechua  speaker.  However,  it  is  rare  for  indige- 
nous people,  who  make  up  45  percent  of  the  population,  to  reach  the  highest  leader- 
ship rants  in  the  public  sector.  The  black  minority,  unofficially  estimated  at  8  to 
10  percent  of  the  total  population,  is  not  at  all  represented  in  the  leadership  of  any 
branch  of  the  Government,  and  there  are  no  blacks  in  the  Congress. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

In  general,  the  Government  permitted  numerous  nongovernmental  organizations 
(NGO  s)  dedicated  to  monitoring  and  advancing  human  rights  to  operate  freely. 
However,  in  response  to  the  MRTA  hostage  crisis,  the  Government  suspended  ICRC 
and  other  human  rights  monitors'  visits  to  all  prisoners  held  for  terrorism  and  trea- 
son offenses  (see  Section  I.e.).  The  visits  were  reinstated  by  year's  end. 

Apart  from  the  MRTA  hostage  situation,  government,  military,  judicial,  and  police 
officials  continued  to  criticize  human  rights  groups  for  their  alleged  bias  against  the 
authorities  and  toward  the  "leftist  guerrillas."  With  the  exception  of  the  police,  gov- 
ernment officials  usually  ignored  requests  by  human  rights  groups  for  information 
and  prohibited  many  monitors  from  visiting  certain  prisons.  Military  authorities 
often  limited  the  freedom  of  local  and  international  human  rights  workers  to  inves- 
tigate abuses  in  the  emergency  zones. 

Most  nongovernmental  human  rights  groups  are  independent,  thorough,  and  gen- 
erally objective.  A  number  of  them  joined  forces  in  1985  to  form  an  umbrella  organi- 
zation, the  National  Coordinating  Committee  for  Human  Rights.  The  Coordinadora, 
which  comprises  50  member  organizations,  strictly  adheres  to  a  policy  of  not  mixing 
politics  with  human  rights,  although  its  constituent  members  may  do  so  in  their 
own  names.  The  Coordinadora  has  embarked  on  a  gradual  process  of  integrating  its 
Lima-based  and  province-based  member  organizations  into  a  more  cohesive  body 
that  would  be  more  able  to  act  quickly  and  forcefully  and  speak  with  a  unified  voice. 

The  Coordinadora  has  intensified  its  collaborative  efforts  with  the  Human  Rights 
Ombudsman.  Some  of  its  member  organizations  conduct  intensive  human  rights 
education  and  citizen  empowerment  workshops  to  train  local  community  leaders 
throughout  the  country  in  human  rights  problem-solving  and  citizen  use  of  the  Om- 
budsman's services.  A  number  of  the  Coordinadora's  members  have  continued  to 
work  closely  with  the  Pardons  Commission,  submitting  for  its  consideration  the  doc- 
umented cases  of  innocent  prisoners  unjustly  charged  and  convicted  of  terrorism 
and  treason  offenses  (see  Section  I.e.). 

Since  Jorge  Santistevan  de  Noriega  was  appointed  as  the  first  Human  Rights  Om- 
budsman in  April  1996,  his  office  has  steadily  grown  in  stature  and  is  considered 
to  be  the  most  effective  force  in  the  country  for  bringing  justice  to  the  people.  At 
its  Lima  headquarters  and  various  field  offices,  the  Ombudsman  receives  citizen 
complaints,  identifies  patterns  of  human  rights  abuse  by  officials  and  of  inefficient 
or  unresponsive  administration  of  services,  and  intercedes  with  the  offending  gov- 
ernment agencies  to  bring  about  appropriate  remedies.  In  addition,  as  he  did  in  the 
case  of  tortured  SIE  officer  Leo  nor  La  Rosa  (see  Section  I.e.),  the  Ombudsman  inde- 
pendently initiates  investigations  of  alleged  official  wrongdoing  and  negotiates  or 
calls  for  the  implementation  of  corrective  policies  and  procedures. 

Legitimate  fears  of  physical  attack  by  Sendero  Luminoso  seriously  hampered  the 
ability  of  human  rights  monitors  to  carry  out  their  work  in  some  parts  of  the  coun- 
try, while  documenting  human  rights  abuses  by  the  security  forces,  these  groups 


635 

have,  at  the  same  time,  repeatedly  labeled  Sendero  Luminoso  as  the  principal  viola- 
tor of  the  people's  rights.  In  both  its  annual  reports  and  periodic  press  commu- 
niques, the  Coordinadora  hsis  regularly  criticized  the  violence  perpetrated  by 
Sendero  Luminoso  as  well  as  by  the  MRTA. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equal  rights  for  all  citizens,  and  specifically  pro- 
hibits discrimination  based  on  ethnic  origin,  race,  sex,  language,  religion,  opinion, 
or  economic  condition.  Nevertheless,  discrimination  against  women,  the  disabled,  in- 
digenous people,  and  racial  and  ethnic  minorities  continued. 

Women. — Violence  against  women,  including  rape,  spousal  abuse,  and  the  physical 
and  sexual  abuse  of  women  and  girls,  is  a  chronic  problem,  according  to  local  human 
rights  groups  and  law  enforcement  offices.  Such  abuses  have  been  aggravated  by  in- 
sensitivity  on  the  part  of  law  enforcement  and  judicial  authorities  toward  female 
victims  of  abuse  and  by  a  media  image  of  the  traditional  relationship  between  the 
sexes  that  encourages  a  controlling  attitude  by  the  husband  toward  his  wife.  Nation- 
wide statistics  on  the  extent  of  the  problem  of  domestic  violence  are  not  available. 
However,  in  Lima,  6,294  cases  of  domestic  violence  were  reported  in  1996.  Between 
1990  and  1996,  32,030  cases  were  reported.  Human  rights  organizations  believe 
that,  whether  for  fear  of  retaliation  from  the  accused  spouse,  because  of  the  cost  in- 
volved in  pursuing  a  complaint,  or  for  some  other  reason,  a  large  number  of  domes- 
tic violence  cases  remain  unreported. 

Although  a  basic  statute  criminalizing  spousal  abuse  has  existed  since  December 
1993,  significant  improvements  in  the  law  were  enacted  in  March,  which  simplified 
the  procedures  for  reporting  cases  of  domestic  violence,  made  the  process  less  expen- 
sive, and  broadened  the  judicial  remedies  available.  The  new  law  gives  not  only 
judges  but  also  prosecutors  the  power  to  protect  a  victim  of  domestic  violence  from 
furwier  abuse  by  enjoining  the  convicted  spouse  or  parent  from  returning  to  the 
family's  home.  In  the  past,  when  abusive  spouses  argued  that  their  home  was  jointly 
owned  by  both  husband  and  wife  and  that  they  should  therefore  be  allowed  to  re- 
turn to  it,  judges  tended  to  let  that  argument  outweigh  the  interest  of  the  abused 
victim.  Whereas  victims  of  domestic  violence  previously  had  to  pay  for  a  medical  re- 

f)ort  certifying  the  existence  of  their  injuries,  the  new  law  eliminates  the  required 
lee.  Many  women  have  complained  that  their  charges  of  domestic  violence  were 
brushed  aside  with  indifference  by  police  officers  who  either  did  not  understand  the 
issue  or  wrongly  assumed  that  complaints  of  spousal  abuse  could  be  filed  only  at 
one  of  the  handiul  of  "women's  police  stations"  exclusively  dedicated  to  processing 
charges  of  domestic  violence.  The  new  law  clearly  mandates  all  police  stations  to 
receive  such  complaints.  The  Ministry  of  Women's  Affairs  and  Human  Development, 
in  conjunction  with  a  nongovernmental  women's  rights  organization,  is  preparing  a 
national  program  to  sensitize  police  to  the  problem  of  domestic  violence  and  to  train 
officers  in  all  police  stations  in  the  processing  of  domestic  violence  cases. 

The  Human  Rights  Ombudsman  was  investigating  numerous  complaints  by  rape 
victims  that  court-appointed  medical  examiners  inappropriately  delved  into  their 
past  sexual  histories.  They  also  accused  judges  of  looking  more  favorably  on  rape 
victims  who  had  been  virgins  prior  to  the  rape  and  of  believing  that  a  woman  who 
was  raped  must  have  somehow  enticed  her  attacker  to  commit  the  crime.  In  March 
Congress  repealed  a  statute  whereby  convicted  rapists  could  be  absolved  of  their 
crime  by  marrying  their  victims.  In  October  allegations  appeared  that  a  number  of 
physicians  in  hospitals  and  family  planning  clinics  had  enticed  female  patients  to 
opt  for  sterilization,  either  by  promising  them  quantities  of  food  or  by  not  providing 
them  with  complete  information  about  the  alternatives  available.  At  year's  end,  the 
Ministry  of  Health  and  the  Human  Rights  Ombudsman  were  investigating  the  va- 
lidity of  these  charges.  The  Health  Minister  declared  that  anyone  found  to  have 
committed  any  such  acts  would  be  punished. 

The  Constitution  provides  for  equality  between  men  and  women,  and  the  1995 
amendments  to  the  Employment  Promotion  Law  as  well  as  other  laws  relative  to 
marriage,  divorce,  and  property  rights  prohibit  discrimination  against  women.  In 
the  area  of  professional  employment,  Congress  passed  legislation  in  March  that  re- 
pealed the  old  disqualification  of  unmarried  individuals  for  judgeships  in  the  family 
courts.  Since  these  positions  have,  in  the  past,  been  predominantly  filled  by  female 
candidates,  the  legislation  was  regarded  as  broadening  employment  opportunities 
for  single  women. 

The  first  28  women  permitted  to  enroll  as  cadets  in  the  national  police  academy 
graduated  as  officers  in  1995;  the  second  class  of  women  graduated  in  1997.  The 
army  academy  enrolled  its  first  50  female  cadets  in  1997;  they  are  destined  to  serve 


636 

in  combat-support  assignments  only.  The  naval  and  air  force  academies  are  sched- 
uled to  enroll  their  first  female  cadets  in  1998. 

Nevertheless,  traditional  assumptions  and  misconceptions  often  impede  access  by 
women  to  leadership  roles  in  both  the  public  and  private  sectors.  Because  of  societal 
prejudice  and  discrimination,  women  historically  have  suffered  disproportionately 
more  than  men  from  the  country's  pervasive  jjoverty  and  unemployment.  The  gov- 
ernment-supported "Mibanco"  program  represents  an  effort  to  improve  women's 
ability  to  generate  income  by  providing  credit  to  small  businesses  started  by  enter- 
prising women. 

Children. — The  government  provides  free,  compulsory  education  through  second- 
ary school.  Of  those  children  enrolled  in  primary  school,  12  to  15  percent  abandon 
their  education,  while  17  percent  of  secondary  school  students  do  so.  In  educational 
achievement,  both  primary  and  secondary  school  children  are,  on  the  average,  2 
years  behind  their  chronological  age,  while  children  who  work  as  well  as  study  are 
4  years  behind. 

Following  the  World  Summit  on  Children,  in  May  the  Government  approved  a  na- 
tional plan  for  the  protection  and  development  of  children,  covering  the  years  1997- 
2000.  The  plan,  which  includes  broad  strategies  for  such  sectors  as  health  and  edu- 
cation, places  particular  emphasis  on  the  care  and  advancement  of  girls,  and  assigns 
to  local  community  organizations  special  responsibility  for  finding  ways  to  alleviate 
poverty. 

The  Ministry  of  Women's  Affairs  and  Human  Development  has  a  Children's  Bu- 
reau that  coordinates  child-  and  adolescent-related  policies  and  programs  through- 
out the  Government.  At  the  grassroots  level,  400  children's  rights  and  welfare  pro- 
tection offices  receive  and  resolve  complaints  ranging  from  physical  and  sexual 
abuse  to  malnutrition,  abandonment,  and  undetermined  guardianship.  Seventy-five 
percent  of  these  offices  are  operated  by  provincial  or  district  governments,  and  the 
remaining  25  percent  by  NGO's.  Most  of  the  units  are  staffed  by  law  students;  only 
the  offices  in  the  wealthiest  districts  of  the  country  have  professionally  trained  law- 
yers, psychologists,  and  social  workers.  Cases  that  cannot  be  resolved  by  these  of- 
fices are  typically  referred  to  family  courts.  Nationwide,  these  offices  receive  and  re- 
solve an  average  of  30,000  cases  annually;  an  additional  1,000  to  1,500  cases  are 
referred  to  the  courts  for  resolution. 

The  National  Initiative  on  the  Rights  of  the  Child  is  the  largest  NGO  of  its  kind 
and  coordinates  the  work  of  24  Lima-based  and  province-based  groups  concerned 
with  the  problems  of  children.  It  is  estimated  that  only  10  to  20  percent  of  incidents 
of  mistreatment  and  sexual  abuse  are  reported,  since  many  people  believe  that  such 
problems  belong  within  the  family  and  must  be  resolved  privately.  Violence  against 
children  is  a  serious  problem.  According  to  some  estimates,  approximately  half  of 
all  rapes  are  perpetrated  against  minors. 

In  1996  the  infant  mortality  rate  was  43  per  1,000,  down  from  70  per  1,000  in 
1992.  However,  this  figure  masks  wide  regional  disparities:  23  per  1,000  in  Lima 
and  its  environs,  compared  with  109  per  1,000  in  Huancavelica.  Twenty-seven  per- 
cent of  children  under  age  5,  and  48  percent  of  children  ages  6  to  9,  suffered  from 
chronic  malnutrition. 

As  many  as  1.2  million  children  work  to  help  support  their  families.  Of  this  total, 
some  500,000  are  under  the  age  of  14,  while  700,000  are  between  the  ages  of  15 
and  17  (see  Section  6.d.).  In  1996  there  were  219,000  orphans  in  the  country,  of 
whom  25,000  were  orphaned  for  reasons  related  to  political  violence. 

People  With  Disabilities. — The  Constitution  provides  that  severely  disabled  per- 
sons have  "the  right  to  have  their  dignity  respected  and  to  be  provided  bv  law  with 
protection,  care,  rehabilitation,  and  security."  However,  the  Government  devotes  few 
resources  to  assisting  the  disabled,  and  they  and  the  private  agencies  serving  them 
must  generally  rely  on  the  public's  charity.  The  Government  also  makes  little  effort 
to  ensure  full  and  equal  participation  by  the  disabled  in  the  political,  economic,  and 
social  life  of  the  country.  The  recent  decision  not  to  give  the  1996  Paralympics  swim- 
ming gold  medalist  recognition  equal  to  that  accorded  all  the  country's  nondisabled 
sports  heroes  reflected  a  widespread  view  of  the  disabled  as  separate  and  inferior. 

The  1993  census  counted  288,526  disabled  persons,  or  1.3  percent  of  the  popu- 
lation. However,  the  Ministry  of  Health  and  the  Pan  American  Health  Organization 
believe  that  most  disabled  persons  either  do  not  wish  to  acknowledge  their  disability 
to  census  takers  or  do  not  know  what  constitutes  a  disability,  and  that  the  actual 
percentage  of  disabled  people  within  the  population  is  13  percent.  Accordingly,  the 
Government,  in  conjunction  with  the  country's  hospitals,  plans  to  implement  a  na- 
tional register  of  disabled  persons.  However,  there  is  only  one  rehabilitation  hos- 
gital,  and  10  of  the  24  departments  have  no  hospitals  with  a  rehabilitation  unit, 
ince  the  privatization  of  the  social  security  and  national  health  insurance  systems, 


637 

it  has  been  difficult  for  many  disabled  persons  to  insure  against  the  inevitable  loss 
of  income  or  compensate  for  the  extra  costs  of  disability. 

There  is  no  law  mandating  ramps  and  elevators  to  ease  access  to  sidewalks  and 
public  buildings  for  people  with  physical  disabilities.  Nor  do  accommodations  exist, 
such  as  barrier-free  polling  stations,  interpreters  for  the  deaf  at  government  service 
offices,  and  Braille  or  recorded  versions  of  the  Constitution,  which  would  permit  the 
disabled  to  participate  in  the  basic  processes  of  democracy  and  citizenship. 

Many  people  with  disabilities  are  channelled  into  a  restricted  number  of  tradi- 
tional occupations,  such  as  the  blind  into  telephone  switchboard  operation  and  mas- 
sage therapy.  However,  some  progressive  programs  do  exist:  Two  leading  super- 
market chains  have  initiated  the  employment  of  mentally  retarded  adolescents  and 
young  adults,  while  Lima's  Center  for  Rehabilitation  of  the  Blind  has  pioneered  the 
training  of  the  blind  for  computer-related  occupations.  Nevertheless,  in  general, 
even  well-qualified  disabled  persons  face  serious  discrimination  by  employers. 
Sedapal,  the  government-owned  water  utility,  dismissed  all  its  blind  telephone 
switchboard  operators,  ostensibly  as  part  of  a  nondiscriminatory,  across-the-ooard 
budget-cutting  measure.  However,  the  chief  advocate  for  the  disabled  in  Congress 
reports  that  all  the  blind  operators  were  immediately  replaced  by  younger  sighted 
recruits.  People  with  disabilities  have  only  recently  begun  to  organize  and  demand 
equal  rights  and  opportunities  as  a  minority. 

Indigenous  People. — The  1993  Constitution  prohibits  discrimination  based  on  race 
and  provides  for  the  right  of  all  citizens  to  speak  their  native  language.  Neverthe- 
less, the  large  indigenous  population  faces  pervasive  discrimination  and  social  preju- 
dice. Accordmg  to  mdigenous  rights  groups,  the  provisions  in  the  Constitution  and 
in  subsequent  implementing  legislation  regarding  the  treatment  of  native  lands  are 
less  explicit  about  their  inalienability  and  unmarketability  than  were  earlier  con- 
stitutional and  statutory  protections.  In  addition,  many  other  factors  have  contrib- 
uted to  the  marginalization  of  indigenous  people  in  society.  Poor  transportation  and 
communications  infrastructure  in  the  highlands  and  in  the  Amazon  jungle  region 
makes  political  mobilization  and  organization  difficult.  The  geographic  isolation  of 
much  of  the  indigenous  population  and  the  centralization  oi  government  action  in 
Lima  further  marginalize  indigenous  people.  All  these  factors  impede  the  ability  of 
indigenous  people  to  participate  in,  and  facilitate  their  deliberate  exclusion  from,  de- 
cisionmaking directly  affecting  their  lands,  culture,  traditions,  and  the  allocation  of 
natural  resources.  Pervasive  duscrimination  and  social  prejudice  intensify  feeUngs  of 
inferiority  and  second-class  citizenship.  Many  indigenous  people  lack  such  basic  doc- 
uments as  a  birth  certificate  or  a  voter's  registration  card  that  would  normally  iden- 
tify them  as  full  citizens  and  enable  them  to  play  their  part  in  society. 

Amerindians  who  live  in  the  Andean  highlands  speak  Aymara  and  Quechua, 
which  are  recognized  as  official  languages,  and  are  etnnically  distinct  from  the  di- 
verse indigenous  gTt)ups  who  live  on  the  eastern  side  of  the  Andes  and  in  the  tropi- 
cal lowlands  adjacent  to  the  Amazon  basin.  Recent  regulations  requiring  all  school 
teachers  to  have  professional  teaching  certification  caused  many  indigenous  teachers 
to  be  replaced  by  teachers  who  do  not  speak  any  of  the  indigenous  languages.  As 
a  result,  the  continued  use  of  Aymara  and  Quechua  as  languages  of  instruction,  as 
well  as  the  very  survival  of  indigenous  cultures,  have  been  put  in  jeopardy. 

In  many  jungle  areas,  colonists  and  coca  gixjwers  in  search  of  livelihood  and  profit, 
guerrillas  in  search  of  new  bases  of  opieration,  and  business  interests  in  search  of 
exploitable  natural  resources  continue  to  encroach  upon  native  lands.  The  45,000 
Aguaruna-Huambisa  people,  who  inhabit  the  frontier  area  where  the  1995  Peru/Ec- 
uador border  conflict  took  place,  are  just  one  of  many  indigenous  groups  that  com- 
plain about  intolerable  living  conditions  and  inaccessible  public  services.  In  the 
same  region,  along  the  Pastaza  river,  the  50,000  Achuar  people  live  in  36  commu- 
nities, only  12  of  which  have  title  to  their  land.  In  addition,  the  Achuar  are  fighting 
what  they  fear  may  be  a  losing  battle  against  an  incursion  by  oil  exploration  and 
drilling  interests,  as  well  as  against  a  govemment-spxinsored  influx  of  colonists. 
Typically,  the  commercial  exploitation  of  the  land  causes  environmental  damage  and 
negatively  affects  the  health  of  indigenous  p>eople. 

The  two  main  organizations  representing  the  interests  of  the  200,000  indigenous 
people  of  the  Peruvian  Amazon  are  the  Inter-  Ethnic  Asociation  for  the  Development 
of  the  Peruvian  Jungle  (AIDESEP)  and  the  Confederation  of  Amazonian  Nationali- 
ties of  Peru  (CONAP).  In  accordance  with  local  culture  and  tradition,  most  indige- 
nous people  have  a  spiritual  relationship  with  their  land,  and  the  concept  of  land 
as  a  marketable  commodity  is  alien  to  tnem.  Both  the  AIDESEP  and  the  CONAP 
are  critical  of  the  1995  land  law,  which  permits  Amazonian  land  to  be  bought  and 
sold  if  no  one  is  living  on  it  or  otherwise  making  use  of  it.  However,  the  CONAP 
beUeves  that  mining  and  other  development  operations  are  inevitable  and  therefore 
wants  indigenous  communities  to  share  appropriately  the  benefits  of  that  develop- 


638 

ment.  The  AIDESEP,  on  the  other  hand,  remains  opposed  to  territorial  encroach- 
ments by  government,  commercial,  and  other  interests. 

All  indigenous  rights  advocates  protest  the  low  priority  assigned  by  the  Govern- 
ment to  the  economic  and  social  condition  of  indigenous  people  and  the  lack  of  con- 
sultation regarding  matters  affecting  their  welmre.  According  to  one  indigenous 
rights  group,  this  official  neglect  is  reflected  in  a  government  decision  to  wind  down 
the  operation  of  the  National  Indigenous  Institute  and  transfer  its  functions  to  a 
small  bureau  within  the  Ministry  of  Women's  Affairs  and  Human  Development. 

Sendero  Luminoso  continued  to  be  a  leading  violator  of  indigenous  rights.  As  a 
result  of  terrorist  harassment  and  abuse,  thousands  of  Ashaninkas  in  the  central 
jungle  area  remain  displaced.  In  addition,  there  were  continued  reports  of  enforced 
recruitment  of  Ashaninkas  by  Sendero  Luminoso. 

National  / Racial  / Ethnic  Minorities. — Peru's  population  includes  several  racial  mi- 
norities, the  largest  of  which  are  persons  of  Asian  and  African  descent.  Blacks,  who 
tend  to  be  concentrated  along  the  coast,  face  particularly  pervasive  discrimination 
and  social  prejudice  and  are  among  the  poorest  groups  in  the  country. 

Blacks  do  not  hold  leadership  positions  in  government,  business,  or  the  military. 
Both  the  navy  and  the  air  force  are  widely  believed  to  follow  unstated  policies  that 
exclude  blacks  from  the  officer  corps.  Employment  advertisements  in  newspapers, 
which  are  not  prohibited  from  specifying  the  color  of  the  candidates  sought  and 
often  find  discreet  ways  to  do  so,  typically  segment  the  labor  market  into  manage- 
rial and  professional  positions,  which  are  reserved  for  white  job  seekers,  and  low- 
Eajdng  service  jobs,  wnich  are  set  aside  for  black  applicants.  According  to  two  black 
uman  rights  organizations,  police  routinely  detain  persons  of  African  descent  on 
suspicion  of  having  committed  crimes,  for  no  other  reason  than  the  color  of  their 
skin,  and  rarely  act  on  complaints  of  crimes  against  blacks.  Blacks  are 
unflatteringly  portrayed  in  television  comedies  as  individuals  of  questionable  char- 
acter. 

Although  Peruvians  of  Asian  descent  have  historically  suffered  discrimination, 
their  social  standing  has  improved  markedly  during  the  past  decade,  as  Peru  has 
sought  to  emulate  Asia's  economic  growth,  and  as  the  Asian  community  has 
achieved  financial  success.  Besides  President  Fujimori,  who  is  of  Japanese  descent, 
many  other  Peruvians  of  Asian  descent  hold  leadership  positions  in  business  and 
government. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — It  is  estimated  that  only  5  percent  of  the  total  work 
force  of  8.5  million  belong  to  organized  labor  unions.  More  than  half  of  all  workers 
are  in  the  informal  sector  of  the  economy.  Workers  are  not  required  to  seek  author- 
ization prior  to  forming  a  trade  union,  nor  can  employers  legally  condition  employ- 
ment on  union  membership  or  nonmembership.  However,  labor  rights  advocates 
claim  that  many  workers  are  reluctant  to  organize  for  fear  of  dismissal. 

Unions  represent  a  cross  section  of  political  opinion.  Although  some  unions  have 
traditionally  been  associated  with  political  groups,  the  law  prohibits  unions  from  en- 
gaging in  explicitly  political,  religious,  or  profitmaking  activities.  The  several  union 
leaders  who  ran  unsuccessfully  for  Congress  in  1995  all  did  so  in  their  own  names, 
without  official  union  sponsorship.  Nevertheless,  it  is  believed  that  some  union  ac- 
tivists who  run  for  public  office  receive  unofficial  backing  from  their  unions. 

In  1995  and  1996  Congress  passed  legislation  amending  the  1992  Employment 
Promotion  Law,  which  all  the  main  union  confederations  publicly  criticized  for  re- 
stricting the  rights  of  workers,  including  the  freedom  to  bargain  collectively  and  the 
right  to  work.  Unions  also  complained  that  the  new  legislation  eliminated  the  right 
of  dismissed  workers  to  compulsory  reinstatement,  if  it  was  proven  that  they  had 
been  unjustly  dismissed.  As  in  the  case  of  legally  dismissed  employees,  such  workers 
have  the  right  to  normal  compensation  of  1  year's  pay  for  each  year  of  service.  In 
addition  they  have  the  right  to  be  compensated  for  up  to  8  years  of  service,  at  a 
rate  of  IV2  years'  pay  for  each  year  worked,  or  a  maximum  supplementary  award 
equivalent  to  12  years'  pav.  In  practice,  the  legislation  has  had  a  negative  impact 
on  the  right  of  association  by  making  it  easier  for  companies  to  fire  workers  involved 
in  union  activities. 

In  June  1996,  the  International  Labor  Oivanization  (ILO)  called  on  the  Govern- 
ment to  adopt  new  legislation  to  enhance  freedom  of  association,  including  a  re- 
quirement that  reductions  of  personnel  allegedly  for  economic  reasons  not  be  used 
as  a  device  for  neutralizing  unionization  campaigns,  and  the  provision  of  the  right 
to  join  a  union  to  new  workers  on  probation. 

There  are  no  restrictions  on  the  affiliation  of  labor  unions  with  international  bod- 
ies. Several  major  unions  and  labor  confederations  belong  to  international  labor  or- 


639 

ganizations  such  as  the  International  Confederation  of  Free  Trade  Unions,  its  aflili- 
ated  trade  secretariats  and  regional  body. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  1993  Constitution  recog- 
nizes the  right  of  puolic  and  private  sector  workers  to  organize  and  bargain  collec- 
tively. However,  it  states  that  this  right  must  be  exercised  in  harmony  with  broader 
social  obiectives.  Labor  regulations  promulgated  prior  to  the  Constitution  provide 
that  workers  may  form  umons  on  the  basis  of  their  occupation,  employer  afTuiation, 
or  geographic  territory.  However,  the  regulations  prohibit  temporary,  probationary, 
apprentice,  and  management  employees  from  union  membersnip.  In  addition,  the 
regulations  require  a  minimum  of  100  members  for  the  formation  of  professionally 
or  occupationally  based  unions,  and  a  minimum  of  20  workers  for  the  formation  of 
a  company-based  union.  In  April  the  management  in  PetroPeru's  Piura  plant 
claimed  that  a  group  of  workers  seeking  to  form  a  union  at  the  plant  did  not  nave 
the  requisite  number  of  prospective  members  to  be  recognized.  However,  when  the 
workers  petitioned  the  Ministry  of  Labor  to  verify  the  numbers,  the  Ministry  found 
in  favor  of  the  workers  and  a  union  was  certified. 

According  to  the  regulations,  union  officials  must  be  active  members  of  their 
union,  although  they  set  limits  on  the  number  of  individuals  each  union  may  des- 
ignate as  "official"  and  on  the  amount  of  time  officials  mav  devote  to  union  business 
on  company  time.  No  legal  provisions  exist  requiring  employers  to  reinstate  workers 
who  are  found  to  have  been  unjustly  fired  for  union  activities. 

To  become  an  official  collective  bargaining  representative,  a  union  must  represent 
at  IcEist  20  workers.  Labor  regulations  stipulate  that  representatives  may  partici- 
pate in  collective  bargaining  negotiations  and  establish  negotiating  timetables.  Man- 
agement negotiating  teams  cannot  exceed  the  size  of  union  teams,  and  both  sides 
are  permitted  to  have  attorneys  and  technical  experts  present  as  advisers. 

For  a  strike  to  take  place,  a  majority  of  all  workers  in  a  company,  whether  union 
members  or  not,  must  approve  it  by  a  secret  ballot.  A  second  vote  must  be  taken, 
if  petitioned  by  at  least  20  percent  of  the  workers.  However,  labor  rights  advocates 
complain  that  many  temporary  workers  are  understandably  reluctant  to  participate 
even  in  secret  ballots,  for  fear  of  retaliation  by  their  employers.  The  labor  movement 
has  criticized  provisions  in  the  new  amendments  to  the  Employment  Promotion  Law 
that  make  it  easier  for  employers  to  dismiss  employees  and  thereby  to  impede  the 
right  of  workers  to  bargain  collectively.  However,  there  are  no  legal  restrictions  pre- 
venting unions  from  negotiating  for  workers  higher  levels  of  protection  than  the 
baseline  standards  provided  for  by  law. 

In  response  to  a  complaint  regarding  the  right  to  organize  and  bargain  collec- 
tively, an  ILO  committee  has  noted  that  the  new  legislation  fails  to  protect  workers 
and  their  organizations  against  acts  of  antiunion  discrimination  and  interference  by 
employers.  In  addition,  the  committee  found  that  the  goal  of  voluntary  collective 
bai^aming  negotiation  is  impeded  by  the  requirement  that,  for  an  agreement  to  be 
concluded  covering  a  particular  occupation  or  profession,  it  must  be  approved  not 
only  by  an  overall  majority  of  the  workers  but  also  by  the  workers  in  a  majority 
of  the  enterprises  affected. 

Labor  regulations  also  permit  companies  unilaterally  to  propose  temporary 
changes  in  work  schedules,  conditions  and  wages,  and  to  suspend  collective  bargain- 
ing agreements  for  up  to  90  days,  if  obliged  to  do  so  by  worsening  economic  cir- 
cumstances or  other  unexpected  negative  developments,  provided  Lhey  give  their 
employees  at  least  15  days  notice  of  such  changes.  However,  labor  rights  advocates 
allege  that,  in  practice,  few  employers  respected  this  provision.  If  wonters  reject  an 
employer's  proposed  changes,  the  Ministry  of  Labor  is  required  to  resolve  the  dis- 
pute based  on  criteria  of  "reasonableness"  and  "economic  necessity."  Whether  the 
changes  proposed  by  employers  in  such  instances  are  upheld  in  full  or  in  part,  em- 
ployers are  required  to  adopt  all  possible  measures,  such  as  the  authorization  of 
extra  vacation  time,  in  order  to  minimize  the  negative  economic  impact  on  their  em- 
ployees. 

Although  a  conciliation  and  arbitration  system  exists  to  resolve  management  dis- 
putes with  unions,  union  officials  complain  that  their  proportionate  share  of  the 
costs  of  arbitration  often  exceeds  their  resources.  In  addition,  union  olTicials  claim 
that,  since  the  law  prohibits  temporary  workers  from  participating  in  union  organiz- 
ing elections,  more  and  more  companies  have  resorted  to  hiring  workers  on  tem- 
porary, personal-services  contracts,  as  a  means  of  preventing  a  possible  increase  in 
union  strength.  Although  the  new  legislation  restricts  the  number  of  temporary 
workers  hired  to  20  percent  of  a  company's  work  force,  labor  rights  advocates  al- 
leged that  this  quota  was  rarely  respected.  In  response  to  the  labor  movement's  per- 
sistent lobbying  on  this  issue  in  international  forums,  employers  denied  the  charge 
that  they  are  biased  against  unions,  arguing  that  the  laoor-stability  provisions  of 
the  legislation  have  made  long-term  conunitments  to  workers  too  expensive. 


640 

Special  regulations  aimed  at  giving  employers  in  export-processing  and  duty-free 
zones  a  freer  hand  in  the  application  of  the  new  legislation  provide  for  the  use  of 
temporary  labor  as  needed,  for  greater  flexibility  in  labor  contracts,  and  for  setting 
wage  rates  based  on  supply  ana  demand.  Although,  as  a  result,  workers  in  such 
zones  have  difficulty  in  unionizing,  labor  rights  advocates  admit  that  these  zones 
are  few  in  number  and  do  not  contribute  substantively  to  labor's  unionizing  difficul- 
ties. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  prohibits  forced 
or  compulsory  labor.  However,  there  are  periodic  reports  of  this  practice  in  remote 
Andean  mountain  and  Amazonian  jungle  regions.  In  response  to  a  complaint  filed 
with  the  ILO,  the  Government  acknowledged  in  1994  that  forced  labor  exists  but 
stated  that  it  had  adopted  measures  to  end  the  abuses.  The  Constitution  does  not 
specifically  prohibit  forced  or  bonded  labor  by  children,  and  there  were  reports  of 
forced  labor  by  children  in  the  gold  mines  of  the  remote  Madre  de  Dios  department 
(see  Section  6.d.).  There  is  no  forced  labor  in  urban  areas. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Education 
through  secondary  school  is  compulsory  and  free.  Nevertheless,  because  of  wide- 
spread poverty,  a  high  percentage  of  school-age  children  work  during  daytime  hours 
rather  than  attend  classes,  and  only  a  few  of^these  children  attend  classes  at  night. 
Although  the  minimum  legal  age  for  employment  is  16,  children  are  pressed  to  help 
support  their  families  from  a  very  early  age  by  working  in  the  informal  economy, 
which  escapes  government  supervision  of  wages  and  working  conditions.  A  recent 
government  study  found  that  8  percent  of  the  work  force  is  between  the  ages  of  6 
and  14  (see  also  Section  5).  The  (jovernment's  National  Institute  of  Family  Welfare 
cooperates  with  the  United  Nations  Children's  Fund  and  the  Inter-American  Devel- 
opment Bank  in  assisting  street  children  and  other  child  laborers. 

The  legislation  amending  the  Employment  Promotion  Law  raised  the  upper  age 
limit  from  21  to  25  for  participants  in  the  special  youth  labor  program,  which  allows 
employers  to  pay  less  tnan  the  statutory  minimum  wage  as  a  means  of  encouraging 
the  provision  of  specialized  training  for  new  young  workers.  It  also  increased  the 
period  of  apprenticeship  from  18  to  36  months.  In  addition,  the  legislation  raised 
the  portion  of  an  employer's  work  force  that  may  legally  be  composed  of  workers 
under  these  programs  from  15  to  30  percent. 

Although  the  Constitution  includes  a  general  prohibition  of  forced  labor,  it  does 
not  specifically  outlaw  forced  or  bonded  child  labor  (see  Section  6.c.).  Child  labor  is 
heavily  used  in  the  agricultural  sector  and  in  informal  gold  mining  but  not  in  other 
major  export  industries,  such  as  petroleum  and  fisheries.  Recent  studies  by  NGO's 
have  found  that  approximately  4,500  youths  under  18  years  of  age  are  employed  in 
harsh  conditions  in  the  informal  gold  mines  of  Madre  de  Dios.  Many  of  these  work- 
ers are  under  age  15,  and  some  are  as  young  as  11.  These  child  laborers  were 
pressed  into  service  through  a  recruitment  system  known  as  "enganche,"  which  is 

f)racticed  in  Puno,  Juliaca,  Sicuani,  and  Cuzco.  Under  this  system,  they  are  provided 
ree  transportation  to  the  mines  and  allegedly  agree  to  work  for  at  least  90  days 
before  being  paid.  In  addition,  these  child  workers  lack  proper  medical  care,  are 
forced  to  work  long  hours,  are  often  subjected  to  beatings  and  rape,  and  at  times 
are  deprived  of  their  pay.  The  (jovemment  has  not  exercised  due  supervision  over 
this  child  labor  system,  while  the  mine  owners  have  failed  to  comply  with  the  legal 
provisions  that  do  exist  with  respect  tojuvenile  workers. 

e.  Acceptable  Conditions  of  Work. — Tne  Constitution  provides  that  the  State  pro- 
mote social  and  economic  progress  and  occupational  education.  It  states  that  work- 
ers should  receive  a  "just  and  sufficient"  wage  to  be  determined  by  the  Government 
in  consultation  with  labor  and  business  representatives,  as  well  as  "adequate  protec- 
tion against  arbitrary  dismissal."  However,  labor  rights  advocates  complain  that, 
while  labor  leaders  have  engaged  in  discussions  with  members  of  the  Congress 
Labor  Committee,  they  have  been  refused  access  to  senior  executive  branch  officials 
for  the  past  4  years. 

On  July  28,  the  (jovemment  raised  the  statutory  minimum  wage  to  $130  (345 
soles)  a  month.  It  is  generally  considered  to  be  inadequate  to  support  a  worker  and 
family.  According  to  some  estimates,  as  much  as  half  the  country's  work  force  earns 
the  minimum  wage  or  below. 

The  Constitution  also  provides  for  a  48-hour  workweek,  a  weekly  day  of  rest,  and 
an  annual  vacation.  In  addition,  it  prohibits  discrimination  in  the  workplace.  While 
occupational  health  and  safety  standards  exist,  the  (}ovemment  lacks  the  resources 
to  monitor  firms  or  enforce  compliance.  In  cases  of  industrial  accidents,  the  level  of 
compensation  awarded  to  the  injured  employee  is  usually  determined  by  agreement 
between  the  employer  and  the  individual  worker  involved.  In  1993  the  Government 
introduced  reforms  that  eliminated  the  need  to  prove  an  employer's  culpability  in 
order  to  obtain  compensation  for  work-related  injuries.  No  provisions  exist  in  law 


641 

for  workers  to  remove  themselves  from  potentially  dangerous  work  situations  with- 
out jeopardizing  their  continued  employment. 


ST.  KITTS  AND  NEVIS 

St.  Kitts  and  Nevis  is  a  multiparty,  parliamentary  democracy  and  a  member  of 
the  Commonwealth  of  Nations.  The  Constitution  provides  the  smaller  island  of 
Nevis  considerable  self-  government,  as  well  as  the  right  to  secede  from  the  Federa- 
tion in  accordance  with  certain  enumerated  procedures.  The  Government  comprises 
a  prime  minister,  a  cabinet,  and  a  bicameral  legislative  assembly.  The  Governor 
General,  appointed  by  the  British  Monarch,  is  the  titular  head  of  state,  with  largely 
ceremonial  powers.  After  national  elections  in  June  1995,  Dr.  Denzil  Douglas  ofthe 
St.  Kitts  and  Nevis  Labour  Party  became  Prime  Minister  and  formed  a  government 
with  7  of  11  seats  in  the  legislature.  The  judiciary  is  independent. 

Security  forces  consist  oia  small  police  force,  which  includes  a  50-person  Special 
Services  Unit  that  receives  some  light  infantry  training,  a  coast  guard,  and  a  small, 
newly  formed  defense  force. 

The  mixed  economy  is  based  on  sugar  cane,  tourism,  and  light  industry.  Most 
commercial  enterprises  are  privately  owned,  but  the  sugar  industry  and  85  f)ercent 
of  arable  land  are  owned  by  a  state  corporation.  Per  capita  gross  domestic  product 
was  about  $5  400  in  1995. 

Human  rights  were  generally  respected.  Poor  prison  conditions,  apparent  intimi- 
dation of  witnesses  and  jurors,  government  restrictions  on  opposition  access  to  gov- 
ernment-controlled media,  and  violence  against  women  were  tne  principal  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  political  or  other 
extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Law  enforcement  authorities  abide  by  the  constitutional  prohibitions  against  the  use 
of  torture  or  other  forms  of  inhuman  or  degrading  treatment  or  punishment.  Family 
members,  attorneys,  and  clergy  are  permitted  to  visit  detainees  regularly. 

Prison  conditions  are  poor.  St.  Kitt's  prison  was  built  in  the  1830's.  Prisoners  suf- 
fer from  severe  overcrowding,  poor  food,  and  lax  security.  These  conditions  have  con- 
tributed to  riots  in  the  past,  although  none  occurred  in  1997. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention,  and  this  provision  is  respected  in  practice.  The  law  requires  that 
persons  detained  be  brought  before  a  court  within  48  hours. 

There  were  no  reported  cases  of  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  judiciary  is  highly  regarded.  However,  intimidation  of  witnesses  and 
potential  intimidation  of  jurors  in  nigh-profile  drug-related  cases  threatened  this 
traditional  independence. 

The  court  system  comprises  one  high  court  and  four  magistrate's  courts  at  the 
local  level,  with  the  right  of  appeal  to  the  Eastern  Caribbean  Court  of  Appeal.  Final 
app>eal  may  be  made  to  the  Privy  Council  in  the  United  Kingdom.  There  are  no  mili- 
tary or  political  courts.  Legal  assistance  is  available  for  indigent  defendants. 

The  Constitution  provides  that  every  person  accused  of  a  crime  must  receive  a 
fair,  speedy,  and  public  trial,  and  these  requirements  are  generally  observed. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — There 
were  no  reports  of  arbitrary  government  or  police  interference  in  the  private  lives 
of  individuals.  The  law  requires  judicially  issued  warrants  to  search  private  homes. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and,  for  the  most  part,  the  authorities  respected  these  provisions  in 
practice.  However,  the  Government  owns  the  only  radio  and  television  station  on  St. 
Kitts,  and  these  media  generally  did  not  adequately  publicize  rallies  and  conven- 
tions held  by  the  opposition  political  party.  Tnere  is  a  religious  television  station 
and  a  privately  owned  radio  station  on  Nevis. 

St.  Kitts  and  Nevis  does  not  have  a  daily  newspaper;  each  of  the  major  political 
parties  publishes  a  weekly  or  biweekly  newspaper.  A  third  weekly  newspaper  is 


642 

nonpartisan.  The  papers  are  free  to  criticize  the  Government  and  do  so  regularly 
and  vigorously.  The  nonpartisan  paper  claims  that  politicians  both  in  opposition  and 
the  Government  have  threatened  to  close  it  down;  however,  the  paper  recently  cele- 
brated its  second  anniversary  without  interruption  of  its  publication.  International 
news  publications  are  readily  available. 
The  Govenunent  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  peaceful  assembly.  Political  parties  organized  demonstrations,  rallies, 
and  public  meetings  during  the  1995  election  campaign  without  significant  govern- 
ment interference.  Many  meetings  sponsored  by  the  Nevis  Island  administration 
and  opposition  parties  were  held  in  Nevis  to  discuss  the  secession  question. 

The  Constitution  provides  for  the  right  of  association,  and  the  Government  re- 
spects this  ri^t  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  the  free  exercise  of  religion, 
and  religious  practices  are  not  restricted.  All  groups  are  free  to  maintain  links  with 
coreligionists  in  other  countries. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  does  not  restrict  travel  within  or  departure  from  the 
country. 

No  formal  government  policy  toward  refugee  or  asylum  requests  exists.  The  issue 
of  provision  of  first  asylum  did  not  arise.  There  were  no  reports  of  forced  expulsion 
of  anyone  having  a  vaUd  claim  to  refugee  status;  however,  government  practice  re- 
mains undefined. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  are  free  to  change  their  government  by  peaceful  means.  A  vigorous 
multiparty  political  system  exists  in  which  political  parties  are  free  to  conduct  their 
activities.  Periodic  elections  are  held  in  which  all  citizens  18  years  of  age  and  older 
may  register  and  vote  by  secret  ballot. 

The  Legislative  Assembly  has  11  elected  seats;  8  for  St.  Kitts  and  3  for  Nevis. 
In  the  June  1995  elections.  Dr.  Denzil  Douglas'  St.  Kitts  and  Nevis  Labour  Party 
won  seven  of  eight  seats  at  stake  in  St.  Kitts  with  60  percent  of  the  popular  vote, 
and  Douglas  became  Prime  Minister.  The  People's  Action  Movement  (PAM),  the 
former  ruling  party,  took  only  one  seat,  but  received  40  percent  of  the  vote.  The 
Concerned  Citizens  Movement  won  two  of  the  three  Nevis  seats;  the  Nevis  Reforma- 
tion Party  won  the  remaining  one.  The  island  of  Nevis  has  considerable  self-govern- 
ment and  its  own  legislature. 

In  accordance  with  its  rights  under  the  Constitution,  the  Nevis  Island  Assembly 
in  1996  initiated  steps  towards  secession  from  the  Federation.  After  failing  to  obtain 
the  required  two-thirds  majority  of  the  five-seat  Assembly  in  1996,  a  secession  bill 
was  reintroduced  following  the  elections,  and  passed  its  first  reading  in  June.  The 
bill  must  clear  a  second  and  third  reading  before  it  is  approved.  Should  the  bill  be 
approved,  a  new  constitution  would  have  to  be  drafted,  followed  by  an  islandwide 
referendum  on  secession  in  which  two-thirds  of  the  votes  cast  would  have  to  favor 
secession.  All  parties  involved  have  adhered  to  constitutional  procedures,  and  no 
acts  of  violence  have  been  recorded  in  connection  with  the  secession  question. 

Although  the  Constitution  prohibits  discrimination  on  grounds  of  political  opinion 
or  affiliation,  the  opposition  PAM  alleges  widespread  employment  discrimination  by 
the  St.  Kitts  and  Nevis  Labour  Party  against  public  sector  employment  of  persons 
perceived  to  be  opposition  supporters.  PAM  alleges  that  the  ruling  party  dismissed 
or  demoted  many  PAM  supporters  from  their  jobs  in  order  to  replace  them  with  its 
own  supporters.  The  Government  acknowledged  that  it  had  withheld  pension  bene- 
fits from  opposition  members  of  Parliament  voted  out  of  office  and  entitled  to  such 
benefits. 

There  are  no  impediments  in  law  or  in  practice  to  the  participation  of  women  in 
leadership  roles  in  government  or  political  parties.  St.  Kitts  and  Nevis'  sole  female 
member  of  Parliament  chose  not  to  run  for  reelection  in  the  June  1995  elections, 
and  there  were  no  other  female  candidates.  However,  women  do  hold  such  high  gov- 
ernment offices  as  permanent  secretary  and  are  active  within  the  political  parties. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
While  there  are  no  governmental  restrictions,  no  local  human  rights  groups  have 
been  formed.  There  were  no  requests  for  investigations  or  visits  by  international 
human  rights  groups. 


643 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  grounds  of  race,  place  of  origin,  birth 
out  of  wedlock,  political  opinion  or  affiliation,  color,  sex,  or  creed,  and  the  Govern- 
ment generally  respects  these  provisions  in  practice. 

Women. — According  to  a  government  official,  violence  against  women  is  a  problem, 
but  many  women  are  reluctant  to  file  complaints  or  pursue  them  in  the  courts.  De- 
spite this  reluctance,  there  were  publicly  reported  cases  of  both  domestic  violence 
and  rape,  and  a  few  convictions.  A  special  police  unit  works  closely  with  the  Min- 
istry 01  Women's  Affairs  and  Health  to  investigate  domestic  violence  and  rape  cases. 

Ine  role  of  women  in  society  is  not  restricted  by  law  but  is  circumscribed  by  cul- 
ture and  tradition.  There  is  no  overt  societal  discrimination  against  women  in  em- 
plojrment,  although  sectoral  analyses  suggest  that  women  do  not  yet  occupy  as  many 
senior  positions  as  men.  An  active  Women's  Affairs  Bureau  is  promoting  change  in 
this  area. 

Children. — The  Government  is  committed  to  children's  rights  and  welfare  and  has 
incorporated  most  of  the  provisions  of  the  U.N.  Convention  on  the  Rights  of  the 
Child  into  domestic  legislation. 

People  With  Disabilities. — Although  there  is  no  legislation  to  protect  the  disabled 
or  to  mandate  accessibility  for  them,  the  Government  and  the  Constitution  prohibit 
discrimination  in  employment,  education,  and  other  state  services. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  of  all  work- 
ers to  form  and  belong  to  trade  unions.  The  law  permits  the  police,  civil  service,  and 
other  oi*ganizations  to  have  associations  which  serve  as  unions.  TTie  major  labor 
union,  the  St.  Kitts  Trades  and  Labour  Union,  is  affiliated  with  the  St.  Kitts  and 
Nevis  Labour  Party  and  is  active  in  all  sectors  of  the  economy.  There  is  also  an 
independent  teachers'  union,  a  union  representing  dockworkers  in  the  capital  city, 
and  two  taxi  drivers'  associations. 

The  right  to  strike,  while  not  specified  by  law,  is  well  established  and  respected 
in  practice.  St.  Kitts  and  Nevis  joined  the  International  Labor  Organization  in  1996 
and  assumed  all  its  obligations  for  enforcement  of  labor  standards.  There  were  no 
major  strikes  during  the  year. 

Unions  are  free  to  form  federations  or  confederations  and  to  affiliate  with  inter- 
national oi^anizations.  The  islands'  unions  maintain  a  variety  of  international  ties. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Labor  unions  are  free  to  orga- 
nize and  to  negotiate  for  better  wages  and  benefits  for  union  members.  The  law  pro- 
hibits antiunion  discrimination  but  does  not  require  employers  found  guilty  to  rehire 
employees  fired  due  to  antiunion  discrimination.  However,  the  employer  must  pay 
lost  wages  and  arrange  for  severance  pay.  There  is  no  legislation  governing  the  or- 
ganization and  representation  of  workers,  and  employers  are  not  legally  bound  to 
recognize  a  union,  but  in  practice  employers  do  so  ii  a  majority  of  workers  polled 
wish  to  organize.  Collective  bargaining  takes  place  on  a  workplace  by  workplace 
basis,  not  industrywide.  The  Labor  Commission  mediates  all  types  of  disputes  be- 
tween labor  and  management  on  an  ad  hoc  basis.  In  practice,  however,  few  disputes 
actually  go  to  the  Commission  for  resolution.  If  neither  the  Commission  nor  the 
Minister  of  Labor  can  resolve  the  dispute,  legislation  allows  for  a  case  to  be  brought 
before  a  civil  court. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  forbids  slavery 
and  forced  labor,  and  they  do  not  occur  in  practice.  While  neither  the  Constitution 
nor  law  specifically  addresses  bonded  labor,  it  has  not  been  a  problem  in  practice. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Trie  1966 
Employment  of  Children  Ordinance  outlaws  slavery,  servitude,  and  forced  labor, 
and  prescribes  the  minimum  legal  working  age,  which  is  14  years.  Although  the  law 
does  not  specifically  address  bonded  labor  (see  Section  6.c.),  it  has  not  been  a  prob- 
lem in  practice.  The  Labor  Ministry  relies  heavily  on  school  truant  officers  and  the 
community  affairs  division  to  monitor  compliance,  which  they  do  effectively.  The  law 
mandates  compulsory  education  up  to  the  age  of  16. 

e.  Acceptable  Conditions  of  Work. — A  1984  law,  updated  in  1994,  establishes  mini- 
mum wage  rates  for  various  categories  of  workers,  such  as  domestic  servants,  retail 
employees,  casino  workers,  and  skilled  workers.  The  minimum  wage  varies  from 
$56.18  (EC$  150)  per  week  for  full-time  domestic  workers  to  $74.91  (EC$  200)  per 
week  for  skilled  workers.  These  provide  an  adequate,  though  Spartan,  living  for  a 
wage  earner  and  family;  niany  workers  supplement  wages  by  keeping  small  animals 
sucn  as  goats  and  chickens.  Ine  Labor  Commission  undertakes  regular  wage  inspec- 


644 

tions  and  special  investigations  when  it  receives  complaints;  it  requires  employers 
found  in  violation  to  pay  back  wages. 

The  law  provides  for  a  40-  to  44-hour  workweek,  but  the  common  practice  is  40 
hours  in  5  days.  Although  not  required  by  law,  workers  receive  at  least  one  24-hour 
rest  period  f>er  week.  The  law  provides  that  workers  receive  a  minimum  annual  va- 
cation of  14  working  days.  While  there  are  no  specific  health  and  safety  regulations, 
the  Factories  Law  provides  general  health  and  safety  guidance  to  Labor  Ministry 
inspectors.  The  Labor  Commissioner  settles  disputes  over  safety  conditions.  Workers 
have  the  right  to  report  unsafe  work  environments  without  jeopardy  to  continued 
employment;  inspectors  then  investigate  such  claims. 


SAINT  LUCIA 

St.  Lucia  is  a  multiparty,  parliamentary  democracy  and  a  member  of  the  Com- 
monwealth of  Nations.  The  Government  comprises  a  prime  minister,  a  cabinet,  and 
a  bicameral  legislative  assembly.  A  Governor  General,  appointed  by  the  British 
monarch,  is  the  titular  head  of  state,  with  largely  ceremonial  powers.  In  general 
elections  in  May,  the  St.  Lucia  Labour  Party  (SLP)  defeated  the  incumbent  United 
Workers  Party  (UWP),  gaining  16  of  17  seats  in  the  House  of  Assembly.  Dr.  Kenny 
Anthony  of  the  SLP  assumed  the  prime  ministership  from  the  UWPs  Dr.  Vaughan 
Lewis,  who  had  taken  over  from  long-serving  UWP  Prime  Minister  John  Compton 
in  March  1996.  The  judiciary  is  independent. 

The  Royal  Saint  Lucia  Police  is  the  only  security  force  and  includes  a  small  unit 
caUed  the  Special  Services  Unit  (which  has  some  paramilitary  training)  and  a  coast 
guard  unit.  Although  the  police  have  traditionally  demonstrated  a  high  degree  of  re- 
spect for  human  rights,  there  were  allegations  of  abuse  by  police  and  prison  officials. 

The  economy  is  based  on  tourism  and  on  the  export  of  bananas,  wnich  represent 
the  principal  sources  of  foreign  exchange  earnings.  Saint  Lucia  is  diversifying  its 
economy  into  other  types  of  agriculture,  light  manufacturing,  and  construction.  Un- 
employment, estimated  at  20  percent,  remains  a  source  of  potential  instability. 

The  authorities  generally  respected  human  rights.  Government  criticism  of  the 
media  and  pressure  on  antigovemment  radio  stations  under  the  UWP,  occasional 
credible  allegations  of  physical  abuse  of  suspects  or  prisoners,  very  poor  prison  con- 
ditions, domestic  violence  against  women,  and  child  abuse  represented  the  major 
problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  specifically  prohibits  torture,  and  there  were  no  reports  of  such 
abuse.  However,  many  criminal  convictions 

in  recent  years  have  been  based  on  confessions,  which  may  reflect  an  effort  by 
police  to  force  confessions  rather  than  rely  on  criminal  cases,  which  could  be  subject 
to  long  judicial  delays  and  procedural  obstacles.  The  Crusader  newspaper  reported 
one  such  incident  in  February,  in  which  the  police  severely  beat  a  suspect  while 
Questioning  him  regarding  a  passenger  van's  stolen  windscreen.  The  article  included 
tne  medical  examiner's  report,  which  revealed  multiple  marks  of  violence. 

The  island's  only  prison,  built  in  the  1800's  to  house  a  maximum  of  101  prisoners, 
was  subject  to  severe  overcrowding  with  over  400  inmates.  Very  poor  prison  condi- 
tions led  to  a  prison  riot  in  June;  prisoners  set  fires  that  destroyed  over  half  the 
antiquated  prison.  The  inmates  asserted  that  the  fires  were  part  of  a  protest  for  im- 
provements in  conditions  at  the  prison.  Following  the  fire,  about  250  inmates  were 
transferred  to  a  factory  shell  outside  the  capital  pending  repairs  to  the  existing  pris- 
on. The  Government  appointed  a  new  board  whose  function  is  to  hear  prisoners' 
complaints  of  abuse.  The  Government  also  is  considering  construction  of  a  new  facil- 
ity. Prison  guards  are  generally  well-trained. 

The  Government  permits  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Government  adheres  to  the  constitu- 
tional provisions  prohibiting  arbitrary  arrest  or  imprisonment  and  requiring  a  court 
hearing  within  72  hours  after  detention.  However,  the  authorities  have  frequently 
held  prisoners  for  years  "on  remand"  after  charging  them  (there  is  no  constitutional 
requirement  for  a  speedy  trial). 


645 

There  were  no  reports  of  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  it  is  independent  in  practice. 

There  are  two  levels  of  courts:  Courts  of  summary  jurisdiction  (magistrate's 
courts)  and  the  High  Court.  Both  levels  have  civil  and  criminal  authority.  'Hie  lower 
courts  accept  civil  claims  up  to  about  $1,900  (EC$5,000)  in  value,  and  criminal  cases 
generally  ciassiiied  as  "petty."  The  upper  court  has  unlimited  authority  in  both  civil 
and  criminal  cases.  All  cases  can  be  appealed  to  the  Eastern  Caribbean  Court  of  Ap- 
peal. Cases  may  be  appealed  to  the  Privy  Council  in  London  as  the  final  court  of 
appeal. 

The  Constitution  requires  public  trials  before  an  independent  and  impartial  court 
and,  in  cases  involving  capital  punishment,  provision  oi  legal  counsel  for  those  who 
cannot  afford  a  defense  attorney.  In  criminal  cases  not  involving  capital  punish- 
ment, defendants  must  obtain  their  own  legal  counsel.  Defendants  are  entitled  to 
select  their  own  legal  counsel,  are  presumed  innocent  until  proven  guilty  in  court, 
and  have  the  right  of  appeal.  The  authorities  observe  both  constitutional  and  statu- 
tory requirements  for  fair  public  trials. 

There  were  no  reports  oi  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices.  Government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  effective  legal  sanctions. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — St.  Lucian  governments  have  generally  re- 
spected constitutional  provisions  for  free  speech  and  press.  However,  the  UWP  Gov- 
ernment occasionally  demonstrated  hostility  to  elements  of  the  print  and  electronic 
media,  resulting  in  the  closure  of  Radio  St.  Lucia  and  Radyo  Koulibwi  in  1996.  Ac- 
cording to  the  Observer  newspaper,  Radyo  Koulibwi  was  seen  as  facilitating 
antigovemment  sentiments  through  its  talk-show  format.  This  government  action 
did  not  appear  to  affect  the  overall  degree  of  press  freedom. 

Five  privately  owned  newspapers,  two  privately  owned  radio  stations,  and  one 
partially  government-funded  radio  station  operate  in  St.  Lucia.  They  carry  a  wide 
spectrum  of  political  opinion  and  are  often  critical  of  the  Govenunent.  The  radio  sta- 
tions have  discussion  and  call-in  programs  that  allow  people  to  express  their  views. 
The  two  local  television  stations  are  also  privately  owned  and  cover  a  wide  range 
of  views.  In  addition,  people  can  subscribe  to  cable  television  service,  which  provides 
programming  from  a  variety  of  sources. 

Tne  Govenunent  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  association  and  assembly,  and  the  Government  generally  respects  these 
rights  in  practice.  The  law  requires  permits  for  public  meetings  and  demonstrations 
if  they  are  to  be  held  in  public  places,  such  as  on  streets  or  sidewalks  or  in  parks. 
The  police  routinely  grant  such  permits;  the  rare  refusal  generally  stems  from  the 
failure  of  organizers  to  request  the  permit  in  a  timely  manner,  normally  48  hours 
before  the  event. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice. 

No  formal  government  policy  toward  refugee  or  asylum  requests  exists.  The  issue 
of  the  provision  of  first  asylum  did  not  arise.  There  were  no  reports  of  forced  expul- 
sion of  anyone  having  a  valid  claim  to  refugee  status;  however,  government  practice 
remains  undefined. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government  and  exercised  that  right  vigor- 
ously in  May  when  the  SLP  defeated  the  UWP,  which  had  governed  with  only  one 
interruption  since  1964.  The  SLP  won  16  of  17  seats,  campaigning  on  a  platform 
of  job  creation  and  economic  diversification  and  appealing  explicitly  to  women  and 
younger  voters.  In  response  to  concerns  about  the  size  oi  the  SLPs  parliamentary 
maiority.  Prime  Minister  Anthony  publicly  emphasized  that  the  Government  will 
maKe  efforts  to  reach  out  to  the  opposition  to  ensure  that  the  country's  democratic 
traditions  are  not  undermined  by  the  small  size  of  the  parliamentary  opposition. 
The  1996  merger  of  smaller  parties — the  Concerned  Citizens'  Movement,  the  St. 
Lucia  Freedom  Party,  and  the  Citizens'  Democratic  Party — into  the  SLP  left  the 
country  with  only  two  major  political  parties. 


646 

Under  the  Constitution,  general  elections  must  be  held  at  least  every  5  years  by 
secret  ballot,  but  may  be  held  earlier  at  the  discretion  of  the  government  in  power. 
Two  members  of  the  Senate  are  independent,  appointed  by  the  Giovemor  General. 
The  Governor  General,  George  Mallet,  who  had  been  amliated  with  the  UWP, 
stepped  down  following  the  elections,  and  the  Prime  Minister  has  indicated  his  suc- 
cessor should  be  nonpolitical. 

There  are  no  impediments  to  participation  by  women  and  minorities  in  govern- 
ment. Two  of  the  13  members  of  the  new  Cabinet  are  women.  However,  women  and 
minorities  are  not  represented  in  numbers  proportional  to  their  share  of  the  popu- 
lation. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

While  there  are  no  local  human  rights  groups,  there  are  no  governmental  restric- 
tions that  would  prevent  their  formation. 

Following  the  prison  riot  in  June  (see  Section  I.e.),  the  Government  invited  Carib- 
bean human  rights  monitors,  including  Penal  Reform  International,  to  investigate 
prison  conditions.  A  report  on  the  results  of  that  investigation  is  expected  in  early 
1998. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Government  policy  is  nondiscriminatory  in  the  areas  of  housing,  jobs,  education, 
and  opportunity  for  advancement.  There  are  no  legal  restrictions  on  the  role  of 
women  or  minorities. 

Women. — There  is  increased  awareness  of  the  seriousness  of  violence  against 
women.  The  Government  does  not  prosecute  crimes  of  violence  against  women  un- 
less the  victim  herself  presses  charges.  If  the  victim  chooses  for  any  reason  not  to 
press  charges,  the  Government  cannot  bring  a  case.  Charges  must  be  brought  under 
the  ordinary  Civil  Code.  The  police  force  conducts  some  training  for  police  ofTicers 
responsible  for  investigating  rape  and  other  crimes  against  women.  Police  and 
courts  enforce  laws  to  protect  women  against  abuse,  although  police  are  hesitant  to 
intervene  in  domestic  disputes,  and  many  victims  are  reluctant  to  report  cases  of 
domestic  violence  and  rape  or  to  press  charges. 

The  1994  Domestic  Violence  Act  allows  a  judge  to  issue  a  protection  order  prohib- 
iting an  abuser  from  entering  or  remaining  in  the  place  where  the  victim  is.  It  also 
allows  the  judge  to  order  that  an  abuser's  name  be  removed  from  housing  leases 
or  rental  agreements,  with  the  effect  that  the  abuser  would  no  longer  have  the  right 
to  live  in  the  same  residence  as  the  victim. 

The  Saint  Lucia  Crisis  Center  monitors  cases  of  abuse  (physical  and  emotional) 
and  helps  its  clients  deal  with  such  problems  as  incest,  nonpayment  of  child  sup- 
port, alcohol  and  drug  abuse,  homelessness,  custody,  and  visitation  rights.  The 
group  has  publicized  the  plight  of  battered  women  and  has  protested  the  rare 
deaths  of  women  who  were  victims  of  domestic  violence.  The  Crisis  Center  is  also 
working  to  establish  a  shelter  for  battered  women  and  homeless  girls.  Some  second- 
ary schools  address  the  problem  of  sexual  harassment  and  battering  in  their  cur- 
riculum topics. 

The  Minister  for  Women's  Affairs  is  responsible  for  protecting  women's  rights  in 
domestic  violence  cases  and  preventing  oiscrimination  against  women,  including 
equal  treatment  in  employment. 

Children. — Since  inaependence,  successive  governments  have  given  high  priority 
to  improving  educational  opportunities  and  health  care  for  the  nation's  children. 
Education  is  free  and  compulsory  from  age  5  through  15.  Government  clinics  pro- 
vide prenatal  care,  immunization,  child  health  care,  and  health  education  services 
throughout  the  island. 

A  broad  legal  framework  exists  for  the  protection  of  children  through  the  Criminal 
Code,  the  Children  and  Young  Persons  Act,  the  Family  Court  Act,  the  Domestic  Vio- 
lence Act,  and  the  Attachment  of  Earnings  Act.  Although  the  Government  adopted 
a  national  plan  of  action  in  November  1991  for  the  survival,  protection,  and  develop- 
ment of  children,  the  Government  has  not  fulfilled  this  program  by  implementing 
effective  programs.  The  St.  Lucia  Crisis  Center  reports  that  the  incidence  of  child 
abuse  remains  high. 

People  With  Disabilities. — There  is  no  specific  legislation  protecting  the  rights  of 
the  disabled,  nor  mandating  provision  of  access  to  buildings  or  government  services 
for  them.  There  is  no  rehabilitation  facility  for  the  physically  disabled,  although  the 
Health  Ministry  operates  a  community-based  rehabilitation  program  in  residents' 
homes.  There  are  schools  for  the  deaf  and  for  the  blind  up  to  the  secondary  level. 


647 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  specifies  the  ri^t  of  workers  to 
form  or  belong  to  trade  unions  under  the  broader  rubric  of  the  right  of  association. 
Most  public  sector  employees  are  unionized;  about  20  percent  of  the  total  work  force 
is  unionized.  Unions  are  independent  of  government,  and  are  free  to  choose  their 
own  representatives  in  often  vigorously  contested  elections.  There  are  no  restrictions 
on  the  formation  of  national  labor  federations.  In  1994  several  of  the  major  unions 
formed  an  umbrella  grouping  called  the  Industrial  Solidarity  Pact.  Unions  are  free 
to  aHUiate  with  intemationalorganizations,  and  some  have  done  so. 

Strikes  in  both  the  public  and  private  sectors  are  legal,  but  there  are  many  ave- 
nues throurfi  collective  bargaining  agreements  and  government  procedures  which 
may  preclude  a  strike.  The  law  prohibits  members  of  the  police  and  fire  depart- 
ments from  striking.  Other  "essential  services"  woricers — water  and  sewer  authority 
workers,  electric  utility  workers,  nurses,  and  doctors — must  give  30  days'  notice  be- 
fore striking. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Unions  have  the  legal  right 
to  engage  in  collective  bargaining,  and  they  fully  exercise  this  right.  Union  rep- 
resentatives have  reported  attempts  by  government  and  other  emproyers  to  under- 
mine this  process. 

The  law  prohibits  antiunion  discrimination  by  employers,  and  there  are  effective 
mechanisms  for  resolving  complaints.  It  also  requires  that  employers  reinstate 
workers  fired  for  union  activities. 

Labor  law  is  applicable  in  the  export  processing  zones  (EPZ's),  and  there  are  no 
administrative  or  legal  impediments  to  union  organizing  or  collective  bargaining  in 
those  zones.  In  practice,  however,  many  firms  resist  union  efforts  to  organize  in  the 
EPZ's,  even  to  the  point  of  closing  operations. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Government  prohibits  forced 
or  compulsory  labor,  and  it  is  not  known  to  occur.  While  there  is  no  specific  prohibi- 
tion of  forced  or  bonded  labor  by  children,  there  were  no  reports  of  such  practices. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  Gov- 
ernment does  not  specifically  prohibit  forced  and  bonded  labor  by  children,  but  such 
practices  are  not  known  to  occur  (see  Section  6.c.).  The  Children  and  Young  Persons 
Act  stipulates  a  minimum  legal  working  age  of  14  years.  Ministry  of  Labor  officials 
are  responsible  for  enforcing  the  law.  There  were  no  reports  of  violations  of  child 
labor  laws. 

e.  Acceptable  Conditions  of  Work. — The  Wages  Regulations  (Clerks)  Orders,  in  ef- 
fect since  1985,  set  out  minimum  wage  rates  only  for  clerks.  These  office  workers 
receive  a  le^slated  minimum  wage  of  about  $300  (EC$800)  per  month.  The  mini- 
mum wage  IS  not  sufficient  to  provide  a  decent  standard  of  living  for  a  worker  sup- 

{)orting  a  four-person  family,  but  some  categories  of  workers  receive  more  than  the 
egal  minimum  for  clerks,  which  is  used  only  as  a  guide  for  setting  pay  for  other 
professions. 

There  is  no  legislated  workweek,  although  the  common  practice  is  to  work  40 
hours  in  5  days.  Special  legislation  covers  hours  which  shop  assistants,  agricultural 
workers,  domestics,  and  young  people  in  industrial  establishments  may  work. 

Occupational  health  and  safety  regulations  are  relatively  well  developed.  The 
Labor  Ministry  periodically  inspects  health  and  safety  conditions  at  places  of  em- 

Kloyment  under  the  Employees  Occupational  Safety  and  Health  Act  of  1985.  The 
linistry  enforces  the  act  through  threat  of  closure  of  the  business  if  it  discovers  vio- 
lations and  the  violator  does  not  correct  them.  Workers  are  free  to  leave  a  dan- 
gerous workplace  situation  without  jeopardy  to  continued  employment. 


ST.  VINCENT  AND  THE  GRENADINES 

St.  Vincent  and  the  Grenadines  is  a  multiparty,  parliamentary  democracy  and  a 
member  of  the  Commonwealth  of  Nations.  A  prime  minister,  a  cabinet,  and  a  uni- 
cameral legislative  assembly  compose  the  (Jovemment.  The  (jovemor  General,  ap- 
pointed by  the  British  monarch,  is  the  titular  head  of  state,  with  largely  ceremonial 
powers.  Prime  Minister  Sir  James  F.  Mitchell  and  his  New  Democratic  Party  re- 
turned to  power  for  an  unprecedented  third  term  in  free  and  fair  elections  held  in 
Februaiy  1994.  The  judiciary  is  independent. 

The  Royal  St.  Vincent  Police,  the  only  security  force  in  the  country,  includes  a 
coast  ^ard  and  a  small  Special  Services  Unit  with  some  paramilitary  training.  The 
force  IS  controlled  by  and  responsive  to  the  Government,  but  police  continued  to 
commit  some  human  rights  abuses. 


648 

St.  Vincent  has  a  market-based  economy.  Much  of  the  labor  force  is  engaged  in 
agriculture,  in  particular,  banana  production.  Bananas  are  the  leading  export  and 
a  major  source  of  foreign  exchange  earnings.  The  tourism  sector  is  growing.  How- 
ever, unemployment  remains  high  at  over  30  percent,  and  per  capita  gross  domestic 
product  is  low,  at  approximately  $2,766. 

Human  rights  are  generally  well  respected.  The  principal  human  rights  problems 
continued  to  include  occasional  instances  of  excessive  use  of  force  by  police,  the  Gov- 
ernment's failure  to  punish  adequately  those  responsible  for  such  abuses,  poor  pris- 
on conditions,  and  an  overburdened  court  system.  Violence  against  women  and 
abuse  of  children  were  also  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  and  other  forms  of  cruel,  inhuman,  or  degrading 
treatment  or  punishment.  However,  a  very  high  percentage  of  convictions  (estimated 
at  90  percent  by  the  regional  Caribbean  Human  Rights  Network)  continue  to  be 
based  on  confessions.  A  local  human  rights  group  claims  that  some  of  these  confes- 
sions resulted  from  unwarranted  police  practices,  including  the  use  of  physical  force 
during  detention,  illegal  search  and  seizure,  and  not  properly  informing  those  ar- 
rested of  their  rights.  The  Police  Commissioner  has  dismissed  or  demoted  officers 
involved  in  extralegal  activity. 

There  is  no  independent  review  board  to  monitor  police  activity  and  to  hear  public 
complaints  about  police  misconduct.  The  Caribbean  Human  Rights  Networit  has  ad- 
vocated such  a  board  to  protect  the  rights  of  citizens  complaining  of  these  activities. 

Incidents  of  police  brutality  continued.  In  one  case,  in  August  police  officers 
dragged  a  man  through  the  streets  hanging  from  their  jeep;  ne  suffered  severe 
bruises  and  contusions  after  he  refused  to  be  taken  into  police  custody.  The  police 
initially  failed  to  provide  a  reason  for  taking  the  man  into  custody  and  never  indi- 
cated that  the  man  was  being  placed  under  arrest.  Subsequent  to  the  incident,  how- 
ever, they  charged  him  with  resisting  arrest  and  assaulting  a  police  officer.  These 
charges  were  before  the  court  at  year  s  end.  The  police  concluded  investigations  into 
two  cases  of  alleged  police  brutality  brought  to  their  attention  in  1996  by  the  local 
human  rights  association,  maintaining  that  officers  involved  had  done  nothing 
wrong.  The  human  rights  organization  nas  not  accepted  this  conclusion,  in  view  of 
the  evidence,  including  photographic  evidence,  of  apparent  brutality. 

In  the  aftermath  of  a  case  of  particular  brutality  in  1996  in  which  a  12-year-old 
boy  accused  of  stealing  a  radio  was  burned  repeatedly  by  police  officers  but  charges 
were  later  dropped  following  payment  to  the  child's  guardian  of  a  modest  sum  of 
money,  a  bill  was  introduced  in  the  House  of  Assembly  to  make  it  more  difficult 
for  cases  such  as  this  to  be  compromised  by  the  payment  of  compensation.  The  au- 
thorities dismissed  two  officers  following  this  incident  and  disciplined  two  others, 
but  conducted  no  criminal  proceedings. 

Prison  conditions  are  poor.  Antiquated  and  overcrowded  prisons,  with  over  400  in- 
mates in  a  prison  designed  for  75,  result  in  serious  health  and  safety  problems. 
These  conditions  are  particularly  harsh  for  juvenile  offenders.  There  is  a  small  facil- 
ity for  delinquent  boys,  but  it  is  seriously  inadequate  and  is  generally  used  for  those 
already  convicted  through  the  criminal  system.  Although  separate  legal  statutes 
exist  for  youthful  offenders,  there  are  no  separate  magistrates  or  prosecutors  to  han- 
dle such  cases. 

The  local  human  rights  organization  brought  a  constitutional  motion  against  the 
superintendent  of  prisons  for  ordering  corporal  punishment  with  a  "cat-o-nine  tails" 
against  an  inmate.  The  High  Court  found  that  the  superintendent  had  no  authority 
to  order  corporal  punishment,  that  the  cat-o-nine  tails  should  not  be  used  in  the 
prison,  and  that  its  use  represented  an  abuse  of  authority.  The  Government  ap- 
pealed the  decision  to  the  Eastern  Caribbean  Court  of  Appeal. 

The  Government  permits  prison  visits  by  independent  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  provides  for  persons  de- 
tained for  criminal  offenses  to  receive  a  fair  hearing  within  a  reasonable  time  by 
an  impartial  court.  Although  there  are  only  two  official  magistrates,  the  registrar 
of  the  Hi^  Court  and  the  presiding  judge  of  the  family  court  now  effectively  serve 
as  magistrates  when  called  upon  to  do  so.  While  this  reduced  the  backlog,  com- 
plaints remain  regarding  police  practices  in  bringing  cases  to  court.  Some  defense 


649 

attorneys  claim  this  has  caused  6-  to  12-month  delays  in  preliminary  inquiries  for 
serious  crimes. 
There  were  no  reports  of  instances  of  arbitrary  arrest,  detention,  or  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  and 
impartial  court,  and  the  judiciary  is  independent  in  practice. 

The  judiciary  consists  of  lower  courts  and  a  High  Court,  with  appeal  to  the  East- 
em  Caribbean  Court  of  Appeal  and  final  appeal  to  the  Privy  Council  in  the  United 
Kingdom. 

The  Constitution  provides  for  public  trials.  The  court  appoints  attorneys  for  indi- 
gent defendants  only  when  the  defendant  is  charged  with  a  capital  offense.  Defend- 
ants are  presumed  innocent  until  proven  guilty  and  may  appeal  verdicts  and  pen- 
alties. There  is  a  large  backlog  of  pending  cases,  because  of  delajdng  tactics  by  law- 
yers as  well  as  the  overburdened  judicial  system. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  arbitrary  search  and  seizure  or  other  government  intrusions 
into  the  private  life  of  individual  citizens,  and  there  were  no  reports  of  such  abuses. 

Section  2.  Respect  for  Civil  Liberties.  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press.  There  are  two  major  newspapers  and  numerous  smaller,  partisan 
publications;  all  are  privately  owned,  and  most  are  openly  critical  of  the  Govern- 
ment's policies.  There  were  no  reports  of  government  censorship  or  interference  with 
the  operation  of  the  press.  However,  individual  journalists  critical  of  the  Govern- 
ment have  on  occasion  found  themselves  denied  professional  opportunities,  including 
training  and  advancement. 

The  lone  television  station  in  St.  Vincent  is  privately  owned  and  operates  without 
government  interference.  Satellite  dishes  are  popular  among  those  who  can  afford 
them.  There  is  also  a  cable  system  with  mainly  North  American  programming  that 
has  about  300  subscribers.  'Hie  Government  controls  programming  for  the  govern- 
ment-owned radio  station. 

The  Government  does  not  restrict  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^The  law  provides  for  these  rights,  and  the  Government  respjects  them 
in  practice. 

No  formal  government  policy  toward  refugee  or  asylum  requests  exists.  The  issue 
of  the  provision  of  first  aslyum  did  not  arise.  There  were  no  reports  of  forced  expul- 
sion of  anyone  having  a  valid  claim  to  refugee  status;  however,  government  practice 
remains  undefined. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government  through  regularly  scheduled 
free  and  fair  elections.  St.  Vincent  has  a  long  history  of  multiparty  parliamentary 
democracy.  During  the  last  elections  in  1994,  the  two  opposition  parties  united  to 
challenge  the  ruling  New  Democratic  Party.  The  effort  was  successful  to  the  extent 
that  the  "Unity"  coalition  won  3  of  15  parliamentary  seats — the  NDP  held  all  15 
prior  to  the  election.  The  opposition  continues  to  charge  that  the  ruling  party  has 
not  complied  with  what  the  opposition  asserts  is  a  constitutional  obligation  to  an- 
swer questions  it  puts  forth  in  the  Legislative  Assembly. 

Two  of  the  15  members  of  Parliament  are  women.  The  same  two  women  hold  min- 
isterial portfolios  in  the  current  Government. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Opposition  political  groups  and  the  Vincentian  press  often  comment  on  human 
rights  matters  of  local  concern.  The  St.  Vincent  and  Grenadines  Human  Rights  As- 
sociation, affiliated  with  the  regional  Caribbean  Human  Rights  Network,  closely 
monitors  government  and  police  activities,  especially  with  respect  to  treatment  of 
prisoners,  publicizing  any  cases  of  abuse.  The  Government  is  generally  responsive 
to  public  and  private  inquiries  about  its  human  rights  practices. 


650 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equal  treatment  under  the  law  regardless  of  race, 
sejL  or  religion,  and  the  Government  adheres  to  this  provision. 

Women. — Violence  against  women,  particularly  domestic  violence,  remains  a 
major  problem.  The  Government  took  legislative  steps  to  address  this  problem 
through  the  Domestic  Violence/Matrimonial  Proceedings  Act  (1994)  and  the  more  ac- 
cessible Domestic  Violence  Summary  Proceedings  Act  (1995).  Both  laws  provide  for 
protective  orders,  as  well  as  occupation  and  tenancy  orders,  although  the  former  is 
only  accessible  through  the  High  Court,  whereas  the  latter  can  be  obtained  without 
the  services  of  a  lawyer  in  family  court.  A  local  human  rights  group  conducted  nu- 
merous meetings  throughout  the  country  during  the  year  to  familiarize  citizens  with 
their  rights  under  these  acts. 

Depending  on  the  magnitude  of  the  offense  and  the  age  of  the  victim,  the  penalty 
for  rape  is  generally  10  or  more  years  in  prison.  In  May  1995,  the  legislature 
amended  the  Child  Support  Law  to  allow  for  payments  ordered  by  the  courts  even 
though  notice  of  an  appeal  has  been  filed.  Previously,  fathers  who  had  been  ordered 
to  pay  child  support  could  appeal  decisions  and  not  pay  while  the  appeal  was  being 
heard.  This  resulted  in  a  huge  backlog  of  appeal  cases  and  effectively  reduced  the 
number  of  mothers  and  children  receiving  support  payments. 

The  Ministry  of  Education,  Youth,  and  Women's  Affairs  has  a  women's  desk  which 
assists  the  National  Council  of  Women  with  seminars,  training  programs,  and  pub- 
lic relations.  The  minimum  wage  law  specifies  that  women  should  receive  equal  pay 
for  equal  work. 

Children. — Education  is  not  compulsory,  but  the  (jovemment  states  that  it  inves- 
tigates cases  where  children  are  withdrawn  from  school  before  the  age  of  16.  Al- 
though the  Government  has  played  a  more  prominent  role  in  legislating  health  and 
welfare  standards  since  independence,  the  infant  mortality  rate  is  still  very  high. 
One  underlying  cause  is  the  large  number  of  children  bom  to  teenage  mothers. 

The  Domestic  Violence  Summary  Proceedings  Act  provides  a  limited  legal  frame- 
work for  the  protection  of  children.  Nevertheless,  reports  of  child  abuse  remain  high. 
The  Social  Welfare  Office  is  the  government  agency  responsible  for  monitoring  and 

Protecting  the  welfare  of  children.  The  police  are  the  enforcement  arm — the  Social 
Welfare  Office  refers  all  reports  of  child  abuse  to  the  police  for  action.  Marion 
House,  a  social  services  agency  established  by  the  Catholic  Church  in  1989,  provides 
counseling  and  therapy  services. 

People  With  Disabilities. — ^There  is  no  specific  legislation  covering  persons  with 
disabilities,  and  the  circumstances  for  disabled  individuals  are  generally  difiicult. 
Most  severely  disabled  people  rarely  leave  their  homes  because  of  the  poor  road  sys- 
tem and  lack  of  affordable  wheelchairs.  The  (jovemment  partially  supports  a  school 
for  the  disabled  which  has  two  branches.  A  separate,  small  rehabilitation  center 
treats  about  five  persons  daily. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  citizens  the  right  to  form 
unions  and  to  oi*ganize  employees,  while  the  Trade  Unions  and  Trade  Disputes  Act 
allows  the  right  to  strike.  Employers  often  ignore  the  constitutional  provisions  that 
provide  for  union  rights,  and  claim  that  they  have  a  constitutional  right  not  to  rec- 
ognize a  trade  union.  Some  employers,  however,  seek  a  good  industrial  relations  en- 
vironment and  cooperate  with  trade  unions.  There  were  no  major  strikes. 

Unions  have  the  right  to  affiliate  with  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — There  are  no  legal  obstacles 
to  organizing  unions;  however,  no  law  requires  employers  to  recognize  a  particular 
union  as  an  exclusive  bargaining  agent.  Some  companies  offer  packages  of  benefits 
with  terms  of  employment  better  than,  or  comparable  to,  what  a  union  can  normally 
obtain  through  negotiations.  The  law  prohibits  antiunion  discrimination  by  employ- 
ers against  union  members  and  organizers.  G^enerally  effective  mechanisms  exist  for 
resolving  complaints.  The  authorities  can  order  employers  found  guilty  of  antiunion 
discrimination  for  firing  workers  without  cause  (including  for  participation  in  union 
activities)  to  reinstate  the  workers  or  give  them  severance  pay. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Government  prohibits  forced 
or  compulsopr  labor,  and  it  is  not  known  to  occur.  The  Government  does  not  specifi- 
cally prohibit  forced  or  bonded  labor  by  children,  but  there  were  no  reports  tnat  it 
occurred. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
sets  the  minimum  working  age  at  16  years  of  age,  although  a  worker  must  be  18 
years  of  age  to  receive  a  national  insurance  card.  The  labor  inspection  office  of  the 


651 

Ministry  of  Labor  monitors  and  enforces  this  provision,  and  employers  generally  re- 
spect it  in  practice.  The  age  of  leaving  school  at  the  primary  level  is  15  years;  when 
these  pupils  leave  school,  they  are  usually  absorbed  into  the  labor  market  disguised 
as  apprentices.  The  Government  does  not  specifically  prohibit  forced  or  bonded  labor 
by  cnildren,  but  there  were  no  reports  that  it  occurred  (see  Section  6.c.).  There  is 
no  known  child  labor  except  for  cnildren  working  on  family-owned  banana  planta- 
tions, particularly  during  harvest  time,  or  in  family-owned  cottage  industries. 

e.  Acceptable  Conditions  of  Work. — The  law  sets  minimum  wages,  which  were  last 
promulgated  in  1989.  They  vary  by  sector  and  type  of  work  and  are  specified  for 
several  skilled  categories,  including  attendants,  packers,  cleaners,  porters,  watch- 
men, and  clerks.  In  agriculture  the  wage  for  workers  provided  snelter  is  $0.82 
(EC$2.25)  per  hour;  skilled  industrial  workers  earn  $7.36  (EC$20)  per  day,  and  un- 
skilled wonters  earn  $3.68  (EC$10)  per  day.  In  many  sectors  the  minimum  wage 
is  not  sufiicient  to  provide  a  decent  standard  of  living  for  a  worker  and  family,  but 
most  workers  earn  more  than  the  minimum.  The  Wages  Council,  according  to  law, 
should  meet  every  2  years  to  review  the  minimum  wage,  but  it  has  not  met  for  the 
last  7  years.  There  is  no  legislation  concerning  the  length  of  the  workweek;  however, 
the  general  practice  is  to  work  40  hours  in  5  days.  The  law  provides  workers  a  mini- 
mum annual  vacation  of  2  weeks. 

According  to  the  Ministry  of  Labor,  legislation  concerning  occupational  safety  and 
heedth  is  outdated.  The  most  recent  legislation,  the  Factories  Act  of  1955,  has  some 
regulations  concerning  only  factories,  but  enforcement  of  these  regulations  is  ineffec- 
tive. Workers  enjoy  a  reasonably  safe  working  environment;  however,  the  trade 
unions  have  dealt  with  some  violations  relating  to  safety  gear,  long  overtime  hours, 
and  the  safety  of  machinery.  There  were  some  repwrts  oi  significant  visual  deficiency 
by  visual  display  unit  workers,  and  some  reports  of  hearing  impairment  by  power 
station  and  stone  crushing  employees. 


SURINAME 

After  over  a  decade  of  predominantly  military  rule,  Suriname  installed  a  freely 
elected  Parliament  and  inaugurated  a  democratically  chosen  president  in  1991.  That 
president,  Ronald  Venetiaan,  sought  reelection  in  May  1996,  but  no  candidate  was 
able  to  secure  the  two-thirds  majority  of  the  51-member  National  Assembly  nec- 
essary to  elect  a  president.  In  accordance  with  the  Constitution,  an  837-member 
United  People's  Assembly,  a  broadly  representative,  democratically  chosen  body, 
then  voted  in  Jules  Wijdenbosch  of  the  National  Democratic  Party  (NDP)  as  Presi- 
dent in  September  1996.  Wijdenbosch  formed  a  cabinet  from  members  of  the  NDP, 
the  ethnic-Hindustani  Grassroots  Party  for  Renewal  and  Democracy,  the  ethnic-Jav- 
anese party  KTPI,  and  several  smaller  political  parties.  Although  the  Constitution 
provides  for  an  independent  judiciary,  tne  effectiveness  of  the  courts  is  limited  in 
practice. 

The  armed  forces  are  responsible  for  national  security,  border,  and  immigration 
control  and  are  nominally  under  control  of  the  civilian  Minister  of  Defense.  Civilian 
police  bear  primary  responsibility  for  the  maintenance  of  law  and  order,  and  report 
to  the  Ministry  of  Justice  and  Police.  The  Venetiaan  government  had  taken  steps 
to  reform  the  military  in  1995—96  by  purging  military  oflicers  and  supporters  of 
former  dictator  Desi  Bouterse,  who  ruled  the  country  in  the  1980's.  Althou^  this 
action  somewhat  extended  democratic  civilian  control  over  the  military,  since  the  es- 
tablishment of  the  Wijdenbosch  Government,  Bouterse  loyalists  have  returned  to  po- 
sitions of  responsibility.  Moreover,  in  April  President  Wijdenbosch  named  Bouterse 
as  First  State  Adviser,  formalizing  his  influence  over  the  government.  Prison  offi- 
cials and  the  military  continue  to  be  responsible  for  some  human  rights  abuses. 

The  economy  depends  heavily  on  the  export  of  bauxite  derivatives.  Unregulated 

f[old  mining  is  an  increasingly  important  economic  activity  that  highlights  a  lack  of 
and  rights  for  indigenous  and  tribal  people  and  has  a  serious  environmental  im- 
pact. Trie  Government  and  state-owned  companies  employ  over  half  the  working 
population.  Following  4  years  of  double-digit  inflation,  the  rate  dipped  to  1  percent 
m  1996  and  remained  under  5  percent  for  most  of  1997.  The  estimated  real  eco- 
nomic growth  rate  was  about  4  percent,  and  per  capita  annual  income  is  about 
$1,372. 

The  Government  generally  respected  the  human  rights  of  its  citizens;  however, 
endemic  problems  still  remain  in  some  areas.  Police  mistreat  detainees,  guards 
abuse  prisoners,  and  jails  are  overcrowded.  The  judiciary  suflers  from  a  huge  case 
backlog.  Societal  discrimination  against  women  and  indigenous  and  tribal  people 
persist,  and  violence  against  women  is  a  problem.  In  view  of  the  human  rights 


652 

record  of  the  Bouterse  regime,  many  of  whose  members  participate  in  the  current 
Government,  human  rights  organizations  remain  concerned  about  the  potential  for 
a  deterioration  of  civil  liberties.  The  Wijdenbosch  administration  has  not  addressed 
calls  to  investigate  human  rights  abuses  by  previous  regimes,  other  than  by  appoint- 
ing a  committee  in  December  to  establish  a  framework  for  an  investigative  commis- 
sion. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — ^There  were  no  reports  of  political 
killings.  However,  the  human  rights  group  Moiwana  '86  began  an  investigation  into 
the  death  of  a  prisoner  following  complaints  from  the  prisoner's  family  that  he  was 
beaten  to  death  by  prison  guards.  Moiwana  "86  also  investigated  the  death  of  a  pris- 
oner by  hanging,  under  what  it  characterized  as  suspicious  circumstances,  and  criti- 
cized prison  authorities  for  not  responding  to  requests  for  information.  Both  inves- 
tigations were  still  pending  at  year's  end. 

The  Government  has  not  addressed  past  abuses,  and  thev  continue  to  fester.  The 
authorities  have  not  taken  action  against  prison  guards  wno  allegedly  beat  a  pris- 
oner to  death  in  1993.  The  Government  undertook  no  investigation  into  the  1982 
executions  by  the  Bouterse  regime  of  15  opposition  leaders  and  the  1986  massacre 
of  civiUans  at  the  village  of  Moiwana. 

However,  on  December  5,  the  Wijdenbosch  administration  appointed  a  "committee 
to  establish  the  framework  for  a  commission  to  investigate  past  human  rights 
abuses."  Human  rights  groups,  which  had  been  pressing  since  1995  for  an  independ- 
ent human  rights  commission  to  investigation  violations  committed  during  the 
1980's,  were  neither  informed  nor  consulted  prior  to  the  establishment  of  the  com- 
mittee. Moreover,  the  chairman  of  the  committee  is  reportedly  a  member  of 
Bouterse's  team  of  legal  advisers;  his  appointment  raised  questions  regarding  the 
objectivity  of  the  group's  work.  The  Organization  for  Justice  and  Peace,  a  non- 
governmental organization  (NGO),  has  initiated  a  process  aimed  at  creating  an 
independent  truth  commission  for  the  country,  whicn  would  include  national  and 
international  experts. 

Moiwana  '86  unsuccessfully  challenged  in  the  lower  court  of  Paramaribo  the  valid- 
ity of  the  Amnesty  Law  passed  in  1992,  which  pardoned  members  of  the  military 
and  the  insurgents  for  crimes  (except  genocide)  committed  between  January  1985 
and  August  1992. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
However,  the  Government  took  no  action  to  investigate  allegations  of  disappear- 
ances that  occurred  under  previous  regimes. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  inhuman  treatment  or  punishment,  but  human  rights 
groups  continue  to  express  concern  about  official  mistreatment.  Police  mistreat  de- 
tainees and  guards  abuse  prisoners. 

Prison  conditions  are  uneven.  Human  rights  activists  have  complained  that  the 
jails  are  overcrowded,  that  guards  systematically  mistreat  prisoners,  and  that  medi- 
cal care  and  living  conditions  are  inadequate.  There  are  two  state  prisons  and  sev- 
eral detention  facilities,  where  arrestees  are  detained  until  they  appear  before  a 
judge.  The  completion  of  a  new  prison  and  renovation  of  existing  jails  have  some- 
what reduced  overcrowding  and  improved  overall  health  and  safety  conditions.  The 
older  jails,  however,  remain  seriously  overcrowded,  with  as  many  as  four  times  the 
number  of  detainees  for  which  they  were  designed.  In  addition,  these  older  prisons 
are  unsanitary.  At  police  stations,  guards  allow  detainees  no  exercise  and  only  rare- 
ly permit  them  to  leave  the  cells.  Detainees  also  suffer  from  inadequate  nutrition, 
although  families  are  permitted  and  encouraged  to  provide  food  to  incarcerated  rel- 
atives. 

In  January  1996,  the  human  rights  group  Moiwana  '86  implemented  a  program 
to  monitor  tne  condition  of  prisoners.  Representatives  of  the  group  report  that  in 
general  they  have  access  to  prisoners  ana  receive  cooperation  from  prison  officials 
on  routine  matters. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  provides  that  the  police  may  de- 
tain for  investigation  up  to  14  days  a  person  suspected  of  committing  a  crime  for 
which  the  sentence  is  longer  than  4  years.  The  law  also  permits  incommunicado  de- 
tention during  this  period,  which  must  be  authorized  by  an  assistant  district  attor- 
ney or  a  police  insp)ector.  Within  the  14-day  period,  the  police  must  bring  the  ac- 
cused before  a  prosecutor  to  be  formally  charged.  If  additional  time  is  needed  to  in- 
vestigate the  charge,  a  prosecutor  may  authorize  the  police  to  detain  the  suspect  for 
an  additional  30  days.  Upon  the  expiration  of  the  initial  44  days,  a  '^udge  of  instruc- 


653 

tion"  may  authorize  the  police  to  hold  the  suspect  for  up  to  120  additional  davs,  in 
30-day  increments  (for  a  total  of  164  days),  before  the  case  is  tried.  The  judge  of 
instruction  has  the  power  to  authorize  release  on  bail,  but  that  power  is  rarely,  if 
ever,  used. 

FVetrial  detainees,  who  constitute  a  large  percentage  of  inmates,  are  routinely 
held  without  being  brought  before  a  judge.  They  are  often  held  in  overcrowded  de- 
tention cells  at  local  police  stations.  Of  those  held  in  police  custody  or  detention 
cells,  15  percent  had  already  been  convicted,  but  were  not  placed  in  prisons. 

In  October  the  authorities  arrested  about  25  men  for  allegedly  attempting  to  over- 
throw the  Government.  The  detainees  were  accorded  due  process  under  the  law  and 
were  given  access  to  attorneys  and  family  members.  Tliere  were  no  reports  of  police 
beatings  or  mistreatment.  According  to  the  Attorney  General,  the  accused  are  ex- 
pected to  face  trial  in  early  1998. 

TTie  military  police  observed  the  requirement  to  hand  over  civilians  arrested  for 
committing  a  crime  in  their  presence  to  the  civil  police.  The  military  police  contin- 
ued to  control  the  country's  borders  and  airports  but  no  longer  investigated  civilian 
crimes. 

While  not  specifically  forbidden  by  law  or  the  Constitution,  exile  is  not  practiced 
as  a  means  of  political  control. 

e.  Denial  of  Fair  Public  Trial. — Although  the  Constitution  provides  for  an  inde- 
pendent judiciary,  the  efTectiveness  of  the  civilian  and  military  courts  is  limited. 

The  judicial  system  consists  of  three  lower  courts  and  an  appeals  court;  there  is 
no  Supreme  Court.  The  1987  Constitution  calls  for  the  establishment  of  an  inde- 
pendent constitutional  court.  However,  the  Government  has  not  taken  any  steps  to 
set  up  such  a  court,  and  the  timing  of  its  establishment  remains  unclear. 

The  Constitution  provides  for  the  right  to  a  fair  public  trial  in  which  defendants 
have  the  right  to  counsel.  The  courts  assign  lawyers  in  private  practice  to  defend 
prisoners  and  pay  them  from  public  funds.  However,  the  court-assigned  lawyers 
usually  only  show  up  at  the  trial,  if  they  show  up  at  all.  The  courts  must,  and  in 
practice  do,  free  a  detainee  who  is  not  tried  within  the  164-day  period.  Trials  are 
before  a  single  judge,  with  the  right  of  appeal.  There  are  only  nine  judges  to  preside 
over  all  court  cases;  consequently,  there  is  a  huge  backlog  in  the  judicial  system. 

Military  personnel  are  generally  not  subject  to  civilian  criminal  law.  A  soldier  ac- 
cused of  a  crime  immediately  comes  under  military  jurisdiction,  and  military  police 
are  responsible  for  all  such  investigations.  Military  prosecutions  are  directed  by  an 
officer  on  the  public  prosecutor's  stafT  and  take  place  in  separate  courts  before  two 
military  judges  and  one  civilian  judge.  The  military  courts  follow  the  same  rules  of 
procedure  as  the  civil  courts.  There  is  no  appeal  from  the  military  to  the  civil  sys- 
tem. 

Foreign  military  instructors  conducted  human  rights  and  military  justice  semi- 
nars in  1997.  These  seminars  provided  unprecedented  opportunities  for  civilian  gov- 
ernment ofiicials,  private  sector  representatives,  and  military  personnel  to  discuss 
human  rights  and  the  role  of  the  military  in  a  democracy. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy.  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  right  to  privacy.  The  law  requires  warrants  for 
searches,  which  are  issued  by  quasi -judicial  ofTicers  who  supervise  criminal  inves- 
tigations. The  pohce  obtain  them  in  the  great  majority  of  investigations.  There  have 
been  complaints  of  surveillance  of  human  rights  workers  by  memoers  of  the  military 
police  and  the  division  of  central  intelligence. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  generally  respects  these  rights.  However, 
there  were  reports  of  intimidation  and  harassment.  Political  leaders  of  the  ruling 
coalition  have  expressed  their  frustration,  accusing  the  media  of  espousing 
antigovemment  rhetoric. 

The  parliamentary  and  extraparliamentary  opposition  criticize  the  government 
freely.  Media  members  continue  to  practice  some  self-censorship  because  of  the  re- 
cent history  of  intimidation  and  reprisals  by  certain  elements  of  the  former  military 
leadership.  On  December  8,  three  men  kidnaped,  beat,  and  threatened  a  journalist 
in  broad  daylight.  The  incident  occurred  on  the  anniversary  of  the  1982  murders 
of  15  political  opponents  of  the  Bouterse  regime  and  appeared  aimed  at  stifiing  criti- 
cism in  the  local  press.  At  year's  end,  the  attack  was  still  under  investigation. 

The  two  daily  newspapers,  three  television  stations,  and  most  of  the  radio  stations 
are  privately  owned.  Two  television  stations  and  two  radio  stations  are  publicly 
owned.  Three  companies  provide  cable  television,  which  includes  international  chan- 
nels. 


654 

The  Government  did  not  attempt  to  abridge  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  may  change  their  residence  and  workplaces  freely  and  travel 
abroad  as  they  wish.  Political  dissidents  who  emigrated  to  the  Netherlands  and  else- 
where during  the  years  of  military  rule  are  welcome  to  return.  Few  of  them  have 
chosen  to  do  so,  generally  for  economic  reasons.  Citizenship  is  not  revoked  for  politi- 
cal reasons. 

The  Government  cooperates  with  the  office  of  the  U.N.  High  Commissioner  for 
Refugees  and  other  humanitarian  organizations  in  assisting  refugees.  The  issue  of 
the  provision  of  first  asylum  did  not  arise  in  1997.  There  were  no  reports  of  forced 
return  of  persons  to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  for  this  right,  but  in  the  past  the  military  prevented 
its  effective  exercise.  Although  the  military  has  twice  handed  over  power  to  elected 
civilian  governments  following  coups,  1996  marked  the  first  time  since  independence 
from  the  Netherlands  in  1975  that  one  elected  government  succeeded  another  in  ac- 
cordance with  constitutional  provisions.  The  (S)vernment  is  still  in  the  process  of 
institutionalizing  democratic,  constitutional  rule. 

The  Constitution  stipulates  that  power  and  authority  rest  with  the  people  and 
provides  for  the  right  to  change  the  government  through  the  direct  election  by  secret 
ballot  of  a  National  Assembly  of  51  members  every  5  years.  The  National  Assembly 
then  elects  the  President  by  a  two-thirds  vote.  If  the  legislature  is  unable  to  do  so, 
as  was  the  case  both  in  the  1991  and  1996  national  elections,  the  Constitution  pro- 
vides that  a  national  people's  assembly,  comprising  members  of  parliament  and  re- 
gional and  local  officials,  shall  elect  the  President. 

The  Constitution  provides  for  the  organization  and  functioning  of  political  parties. 
Many  parties  and  political  coalitions  are  represented  in  the  National  Assembly. 

There  are  historical  and  cultural  impediments  to  equal  participation  by  women  in 
leadership  positions  in  government  and  political  parties.  In  the  past,  most  women 
expected  to  fulfill  the  role  of  housewife  and  mother,  thereby  limiting  opportunities 
to  gain  political  experience  or  position.  Participation  bv  women  in  politics  (and  other 
fields)  was  generally  considered  inappropriate.  While  women  have  made  limited 
gains  in  attaining  political  power  in  recent  years,  political  circles  remain  under  the 
influence  of  traditional  mate-dominated  groups,  and  women  are  disadvantaged  in 
seeking  high  public  office.  In  1996  voters  elected  six  women  to  the  National  Assem- 
bly, compared  with  three  who  held  seats  in  the  previous  assembly,  and  the  assembly 
appointed  a  woman  as  chairperson.  The  Cabinet  includes  one  woman  as  Minister 
oi  Regional  Development  and  another  as  Deputy  Minister  of  Social  Afl"airs. 

Although  the  Constitution  proscribes  racial  or  religious  discrimination,  several 
factors  limit  the  participation  of  Maroons  and  Amerindians  in  the  political  process. 
Most  of  the  country's  political  activity  takes  place  in  the  capital  and  a  narrow  belt 
running  east  and  west  of  it  along  the  coast.  The  Maroons  and  Amerindians  are  con- 
centrated in  remote  areas  in  the  interior  and  therefore  have  limited  access  to,  and 
influence  in,  the  political  process.  There  is  a  small  Maroon  political  party,  which 
holds  three  seats  in  the  National  Assembly  and  belongs  te  an  opposition  coalition. 
Although  there  is  no  Amerindian  political  pari;y,  voters  elected  the  first 
Amerindians  to  the  National  Assembly  in  1996.  There  are  ei^t  Maroons  and  two 
Amerindians  in  the  National  Assembly.  There  are  no  Maroons  or  Amerindians  in 
the  cabinet. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Human  rights  groups  operate  without  government  restriction,  investigating  and 
publishing  their  findings  on  human  rights  cases.  Government  officials  are,  however, 
generally  not  cooperative  or  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  and  laws  do  not  differentiate  among  citizens  on  the  basis  of  their 
ethnic  origins,  religious  affiliations,  or  other  cultural  differences.  In  practice,  how- 
ever, severalgroups  within  society  suffer  various  forms  of  discrimination. 

Women. — Tne  law  does  not  differentiate  between  domestic  violence  and  other 
forms  of  assault.  The  Government  has  not  specifically  addressed  the  problem  of  vio- 


655 

lence  against  women.  According  to  a  national  women's  group,  victims  reported  ap- 
proximately 500  cases  of  violence  against  women,  and  complained  of  an  inadequate 
response  from  the  Government  and  society  to  what  appears  to  be  a  trend  of  increas- 
ing family  violence.  Police  are  reluctant  to  intervene  in  instances  of  domestic  vio- 
lence, which  remains  a  problem  at  all  levels  of  society. 

There  are  no  specific  laws  to  protect  women  against  trafficking  and  sexual  exploi- 
tation. There  are  credible  reports  of  trafficking  m  women  and  girls  for  prostitution. 

Women  have  the  right  to  equal  access  to  education,  employment,  and  property. 
Nevertheless,  social  pressures  and  customs  inhibit  their  full  exercise  of  these  rights, 

Sarticularly  in  the  areas  of  marriage  and  inheritance.  Women  experience  economic 
iscrimination  in  access  to  employment  and  in  rates  of  pay  for  the  same  or  substan- 
tially similar  work.  The  Government  has  not  made  specific  efforts  to  combat  eco- 
nomic discrimination. 

The  National  Women's  Center  is  a  government  agency  devoted  to  women's  issues; 
there  is  also  a  women's  policy  coordinator.  Their  eflectiveness  is  severely  limited  by 
financial  and  staffing  constraints.  The  principal  concerns  of  women's  groups  are  po- 
litical representation,  economic  vulneraoility,  violence,  and  discrimination. 

Children. — School  attendance  is  free  and  compulsory  until  12  years  of  age,  but 
some  school-age  children  do  not  have  access  to  education  because  of  a  lack  of  trans- 

Eortation,  facilities,  or  teachers.  There  is  no  difference  in  the  treatment  of  girls  and 
oys  in  education  or  health  care  services.  Children  face  increasing  economic  pres- 
sure to  discontinue  their  education  in  order  to  work. 

The  Government  makes  only  limited  efforts  to  ensure  safeguards  for  the  human 
rights  and  welfare  of  children.  There  are  continuing  reports  of  malnutrition  among 
poor  children,  but  it  is  difficult  to  quantify  the  extent  ot  the  problem.  In  the  capitaH 
where  most  of  the  country's  population  is  concentrated,  there  are  several  orphan- 

Mes,  and  a  privately  fianded  shelter  for  sexually  abused  children  opened  in  1993. 
sewhere,  distressed  children  must  usually  rely  on  the  resources  of  their  extended 
families. 

There  is  no  societal  pattern  of  abuse  directed  against  children;  however,  the  legal 
age  of  consent  is  12  and  some  children  are  exploited  for  prostitution. 

People  With  Disabilities. — There  are  no  laws  concerning  disabled  people  and  no 
provisions  for  making  private  or  public  buildings  accessible  to  them.  There  are  also 
no  laws  mandating  that  they  be  given  equal  consideration  when  seeking  jobs  or 
housing.  However,  there  are  some  training  programs  for  the  blind  and  others  with 
disabilities. 

Indigenous  People. — Most  Amerindians  and  Maroons  suffer  a  number  of  disadvan- 
tages and  have  only  limited  ability  to  participate  in  decisions  affecting  their  lands, 
cultures,  traditions,  and  natural  resources.  The  nation's  political  life,  educational  op- 
portunities, and  jobs  are  concentrated  in  the  capital  and  its  environs,  while  the  ma- 
jority of  Amerindians  and  Maroons  live  in  the  interior.  Government  services  in  the 
interior  became  largely  unavailable  and  much  of  the  infrastructure  was  destroyed 
during  the  1986-91  domestic  insurgencies;  progress  in  reestablishing  services  and 
rebuiHing  the  infrastructure  has  been  very  slow. 

The  Government  appointed  the  Consultative  Council  for  the  Development  of  the 
Interior  in  September  1995.  This  Council,  provided  for  in  the  1992  peace  accords 
that  ended  the  insurgencies,  includes  representatives  of  the  Maroon  and  Amer- 
indian communities.  T^e  Government  did  not,  however,  consult  with  representatives 
of  these  communities  about  the  granting  of  gold  and  timber  concessions  on  indige- 
nous and  tribal  lands. 

The  World  Council  of  Churches  has  condemned  large  scale  commercial  mining  in 
the  country,  claiming  that  it  violates  the  human  rights  of  the  indigenous  people  who 
live  in  the  mining  concession  areas.  Organizations  representing  Maroon  and  Amer- 
indian communities  also  complain  that  the  companies  dig  trenches  that  cut  resi- 
dents off  from  their  agricultural  land  and  threaten  to  drive  them  away  from  their 
traditional  settlements.  Three  meetings  held  in  1996-97  with  the  leaders  of  Nieuw 
Kofliekamp,  one  of  the  principal  villages  involved  in  the  indigenous  community  con- 
flicts with  mining  concessionaires,  have  not  resulted  in  a  mutually  approved  agree- 
ment. Several  members  of  the  villages  are  involved  in  small-scale  mining  and  do  not 
want  to  lose  access  to  areas  where  they  have  traditionally  mined.  In  March  an  in- 
digenous land  rights  organization  accused  a  foreign  mining  company  of  hiring  secu- 
rity guards  associated  with  the  previous  military  regime,  who  have  threatened  and 
intimidated  villagers  in  Nieuw  Kofliekamp. 

Maroon  and  Amerindian  groups  continue  to  cooperate  with  each  other  in  order  to 
exercise  their  rights  more  effectively.  Two  summits,  or  "gran  krutus,"  bringing  to- 
gether Maroon  and  Amerindian  tribal  leaders,  have  been  held,  the  most  recent  in 
September  1996.  During  these  summits,  indigenous  leaders  reiterated  their  de- 
mands for  the  right  to  participate  in  decisions  concerning  the  use  of  natural  re- 


656 

sources  on  land  they  claim  as  their  own  and  for  greater  autonomy  from  the  Govern- 
ment. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  protects  the  right  of  workers  to  as- 
sociate and  to  choose  their  representatives  democraticallv.  Nearly  60  oercent  of  the 
work  force  is  organized  into  unions,  and  most  unions  belong  to  one  oi  the  country's 
six  major  labor  federations.  Unions  are  indep>endent  of  the  Government  but  play  an 
active  role  in  politics.  The  small  Labor  Party  has  historically  been  a  very  influential 
force  in  government. 

The  Constitution  provides  for  the  right  of  nongovernment  employees  to  strike. 
Civil  servants  have  no  legal  right  to  strike  or  mount  other  labor  actions,  but  in  prac- 
tice do  so.  Strikes  in  both  the  public  and  private  sectors  are  common  as  workers 
try  to  secure  wage  gains  to  protwt  their  earning  power  from  inflation. 

There  are  no  restrictions  on  unions'  international  activities.  Several  labor  federa- 
tions were  accepted  once  again  as  afliliates  of  international  trade  union  organiza- 
tions, after  having  been  suspended  for  collaboration  with  the  military  regime  in  the 
late  1980's, 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  explicitly 
recognizes  these  rights,  and  the  authorities  respect  them  in  practice.  Collective  bar- 
gaining agreements  cover  approximately  50  percent  of  the  labor  force.  The  law  pro- 
hibits antiunion  discrimination  by  employers,  and  there  are  eflective  mechanisms 
for  resolving  complaints  of  such  mscrimination.  Employers  must  have  prior  permis- 
sion from  the  Ministiy  of  Labor  to  fire  workers,  except  when  discharging  an  em- 
ployee for  cause.  The  Labor  Ministry  individually  reviews  dismissals  for  cause;  if  it 
iinds  a  dischsu'ge  unjustified,  the  employee  must  be  reinstated. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor,  and  there  were  no  reports  that  it  occurred.  However,  there 
were  credible  reports  of  trafficking  in  women  and  girls  for  prostitution  (see  Section 
5).  The  law  prohibits  forced  and  bonded  labor  by  children,  and  such  practices  are 
not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
sets  the  minimum  age  for  employment  at  14  years.  However,  the  Ministry  of  Labor 
and  the  police  enforce  this  law  only  sporadically.  Children  under  14  years  of  age 
work  as  street  vendors,  newspaper  sellers,  or  shop  assistants.  Working  hours  for 
youths  are  not  limited  in  comparison  with  the  regular  work  force.  School  attendance 
is  compulsory  until  12  years  of  age.  The  law  prohibits  forced  and  bonded  labor  by 
children,  and  there  were  no  reports  of  such  practices,  although  trafficking  of  girls 
for  prostitution  does  occur  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — There  is  no  minimum  wage  legislation.  Follow- 
ing a  50  percent  pay  raise,  the  lowest  wage  for  civil  servants  is  about  $59.29  (SF 
25,200)  per  month.  This  salary  level  makes  it  very  difficult  to  provide  a  decent  liv- 
ing for  a  worker  and  family.  Government  employees,  who  comprise  close  to  50  per- 
cent of  the  work  force  of  100,000,  frequently  supplement  their  salaries  with  second 
or  third  jobs,  often  in  the  informal  sector.  The  President  and  Council  of  Ministers 
set  and  approve  civil  service  wage  increases. 

Work  in  excess  of  9  hours  per  day  or  45  hours  per  week  on  a  regular  basis  re- 
quires special  government  permission,  which  is  routinely  granted.  Such  overtime 
work  earns  premium  pay.  The  law  requires  one  24-hour  rest  period  per  week. 

A  10-  to  i2-member  inspectorate  oi  the  Occupational  Health  ana  Safety  Division 
of  the  Ministry  of  Labor  is  responsible  for  enforcing  legislated  occupational  safety 
and  health  regulations.  Resource  constraints  and  lack  of  trained  personnel  preclude 
the  division  from  making  regular  inspections  of  industry.  Accident  rates  in  local  in- 
dustry do  not  appear  to  be  high,  and  the  key  bauxite  industry  has  an  outstanding 
safety  record.  Tnere  is,  however,  no  law  authorizing  workers  to  refuse  to  work  in 
circumstances  they  deem  unsafe.  They  must  appeal  to  the  inspectorate  to  declare 
the  workplace  situation  unsafe. 


TRINIDAD  AND  TOBAGO 

Trinidad  and  Tobago,  a  member  of  the  Commonwealth  of  Nations,  is  a  parliamen- 
tary democracy  in  which  there  have  been  free  and  fair  general  elections  since  inde- 
pendence from  the  United  Kingdom  in  1962.  A  bicameral  parliament  and  a  prime 
minister  govern  the  country.  Parliament  elects  a  president,  whose  office  is  largely 


657 

ceremonial.  A  12-member  elected  House  of  Assembly  handles  local  matters  on  the 
island  of  Tobago.  The  judiciary  is  independent. 

The  Ministry  of  National  Security  controls  the  police  service  and  the  defense  force, 
which  are  responsive  to  civilian  authority.  An  independent  body,  the  Police  Service 
Commission,  makes  all  personnel  decisions  in  the  police  service,  and  the  Ministiy 
has  little  direct  influence  over  changes  in  senior  positions. 

Oil  and  natural  gas  production  and  related  downstream  petrochemical  industries 
form  the  basis  of  the  market-based  economy.  The  service  sector  is  the  largest  em- 
ployer, although  continued  industrialization  has  created  many  jobs  in  the  construc- 
tion industry.  Agriculture,  while  contributing  only  2  percent  to  gross  domestic  prod- 
uct, remains  an  important  employer,  both  at  the  subsistence  and  commercial  level. 
Although  per  capita  income  is  over  $4,200  aimually,  16  percent  unemployment  con- 
tributes to  a  skewed  income  distribution,  which  has  not  improved  in  spite  of  eco- 
nomic growth  of  3.1  percent.  Government  efforts  to  address  this  problem  by  further 
diversification  into  manufacturing  and  tourism  have  been  only  partially  successful. 

The  Government  generally  respected  the  human  rights  of  its  citizens,  and  the  law 
and  judiciary  provide  effective  means  of  dealing  with  individual  instances  of  abuse. 
Nonetheless,  poor  prison  conditions,  long  delays  in  trials,  and  violence  against 
women  remain  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killing. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices,  ana  there  were  no  reports  that  ofTicials 
employed  them. 

ftison  conditions  at  the  women's  prison  and  two  of  the  three  men's  prisons  meet 
minimum  international  standards.  However,  conditions  are  worse  in  the  Port  of 
Spain  prison,  which  was  designed  for  250  inmates,  but  houses  over  1,000.  Diseases 
such  as  chicken  pox,  tuberculosis,  AIDS,  and  other  viruses  spread  easily,  and  pris- 
oners generally  must  purchase  their  own  medication.  A  new  maximum  security  fa- 
cility to  replace  this  prison  was  supposed  to  open  in  1996,  but  had  not  been  com- 
pleted at  the  end  of  1997. 

The  Government  permits  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest or  detention,  and  the  Government  generally  observes  this  prohibition. 

A  police  ofiicer  may  arrest  a  person  either  based  on  a  warrant  issued  or  author- 
ized by  a  magistrate  or  without  a  warrant  when  the  ofiicer  witnesses  commission 
of  the  alleged  offense.  For  less  serious  ofTenses,  the  authorities  typically  bring  the 
accused  before  a  magistrate  within  24  hours;  for  indictable  offenses,  the  accused 
must  appear  within  48  hours.  At  that  time  the  magistrate  reads  the  charge  and  de- 
termines whether  bail  is  appropriate.  Magistrates  may  deny  bail  to  violent  or  repeat 
offenders.  If  for  some  reason  tne  accused  does  not  come  before  the  magistrate,  the 
case  comes  up  on  the  magistrate's  docket  every  8  to  10  days  until  a  hearing  date 
is  set.  The  courts  notify  persons  of  their  right  to  an  attorney  and  allow  them  access 
to  an  attorney  once  they  are  in  custody  and  prior  to  any  interrogation.  However, 
the  authorities  do  not  always  comply  with  these  standards.  Allegations  of  corruption 
among  justices  of  the  peace  also  raised  concerns  about  compliance  with  these  laws. 
The  (jfovemment  pledged  to  dismiss  and  prosecute  any  justice  found  to  have  violated 
these  standards. 

The  Minister  of  National  Security  may  authorize  preventive  detention  in  order  to 
prevent  actions  prejudicial  to  public  safety,  public  order,  or  national  defense,  and 
the  Minister  must  state  the  grounds  for  the  detention.  A  person  detained  under  this 
provision  has  access  to  counsel  and  may  have  the  detention  reviewed  by  a  three- 
member  tribunal  established  by  the  Chief  Justice  and  chaired  by  an  attorney.  The 
Minister  must  provide  the  tribunal  with  the  gjrounds  for  the  detention  within  7  days 
of  the  detainee's  request  for  review,  which  shall  be  held  "as  soon  as  reasonably  prac- 
ticable" following  receipt  of  the  grounds.  There  have  been  no  reports  that  the  au- 
thorities abused  this  procedure. 

The  Constitution  prohibits  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice.  The  judiaary  provides 
citizens  with  a  fair  judicial  process. 

The  court  system  consists  of  a  court  of  appeal,  a  high  court,  and  a  ma^strate's 
court.  A  crimmal  ofTense  is  first  sent  to  a  magistrate's  court  for  a  prelinunary  in- 


658 

quiry  to  determine  if  it  can  be  heard  before  a  magistrate  without  a  jury.  If  the  mag- 
istrate determines  that  the  offense  is  a  serious  one,  it  is  referred  to  the  hi^  court, 
where  it  is  heard  before  a  judge  and  jury.  All  civil  matters  are  heard  by  the  high 
court.  Appeals  can  be  filed  with  the  local  court  of  appeal,  and  ultimately  to  the 
Privy  Council  in  London.  There  was  considerable  support  for  abolishing  appeals  to 
the  Privy  Council. 

The  Constitution  provides  the  right  to  a  fair  trial,  and  an  independent  judiciary 
vigorously  enforces  this  right.  All  criminal  defendants  have  the  right  to  an  attorney. 
In  practice  the  courts  sometimes  appoint  attorneys  for  those  persons  charged  with 
indictable  offenses  (serious  crimes)  if  they  cannot  retain  one  on  their  own  behalf. 
The  law  requires  a  person  accused  of  murder  to  have  an  attorney.  An  indigent  per- 
son may  revise  to  accept  an  assigned  attorney  for  cause  and  obtain  a  replacement. 

Despite  serious  efforts  to  improve  the  judiciary,  severe  inefficiency  remains  in 
many  areas.  Several  criminal  cases  were  dismissed  due  to  judicial  or  police  ineffi- 
ciency. In  October  1996,  the  courts  acquitted  a  defendant  cnai^ed  with  murdering 
a  police  officer  in  March  1982;  the  authorities  had  held  him  in  custody  for  over  14 
years.  Progress  was  made  in  reducing  the  judicial  backlog,  but  the  number  of  crimi- 
nal cases  awaiting  trial  remained  over  20,000. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
prohibits  such  practices,  government  authorities  generally  respect  these  prohibi- 
tions, and  violations  are  suDJect  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  the 
press,  and  the  Government  respects  this  right  in  practice.  An  independent  press  and 
a  functioning  democratic  political  system  combine  to  ensure  freedom  of  speech  and 
of  the  press,  including  academic  freedom. 

The  three  major  daily  newspapers  freely  and  often  criticize  the  Government  in 
editorials.  Widely  read  weekly  tabloids  tend  to  be  extremely  critical  of  the  Govern- 
ment. All  newspapers  are  privately  owned.  The  two  local  television  newscasts,  one 
of  which  appears  on  a  state-owned  station,  are  sometimes  critical  of  the  Government 
but  generally  do  not  editorialize. 

A  Board  of  Film  Censors  is  authorized  to  ban  films  it  considers  to  be  against  pub- 
lic order  and  decency  or  contrary  to  the  public  interest.  This  includes  films  which 
it  believes  may  be  controversial  in  matters  of  religion,  seditious  propaganda,  or  race. 
In  practice  films  are  rarely  prohibited. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice.  Registration  or  other 
governmental  permission  to  form  private  associations  is  not  required.  The  police 
routinely  grant  the  required  advance  permits  for  street  marches,  demonstrations,  or 
other  outdoor  public  meetings. 

c.  Freedom  of  Religion. — ^l^e  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice. 

There  is  no  provision  for  persons  to  claim  or  be  classified  as  refugees  or  asylum 
seekers;  any  such  cases  are  nandled  on  a  case-by-case  basis  by  the  Ministry  of  Na- 
tional Security's  Immigration  Division.  The  issue  of  the  provision  of  first  asylum  did 
not  arise.  There  were  no  reports  of  forced  return  of  persons  to  a  country  where  they 
feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  ri^t  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage.  Parliamentary  elections  are  held 
at  intervals  not  to  exceed  5  years.  Elections  for  the  12-member  Tobago  House  of  As- 
sembly are  held  every  4  years.  The  Constitution  extends  the  right  to  vote  to  citizens 
as  well  as  to  legal  residents  at  least  18  years  of  age  who  hold  citizenship  in  other 
Commonwealth  countries. 

In  the  November  1995  general  elections,  the  former  opposition  United  National 
Congress  (UNC)  and  the  ruling  People's  National  Movement  (PNM)  each  won  17 
seats  in  Parliament.  The  National  Alliance  for  Reconstruction  (NAR)  won  two  seats 
and  joined  with  the  UNC  to  form  a  new  government.  Basdeo  Panday  became  the 
country's  first  Prime  Minister  of  East  Indian  descent.  The  PNM  is  primarily  but  not 


659 

exclusively  Afro-Trinidadian;   the    UNC    is    primarily   but    not    exclusively    Indo- 
Trinidadian 

There  are  no  specific  laws  that  restrict  the  participation  of  women  or  minorities 
in  government  or  the  political  parties.  Women  hold  many  positions  in  the  Govern- 
ment and  political  party  leadership.  Four  of  36  elected  members  of  the  House  of 
Representatives  and  8  of  31  appointed  Senators  are  women,  with  3  women  serving 
as  ministers.  Prime  Minister  Panday  appointed  the  first  woman  to  serve  as  Attorney 
General;  she  has  since  moved  to  the  position  of  Minister  of  Legal  Affairs. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  nndings  on  human  rights  cases.  Government  officials 
are  very  cooperative  and  responsive  to  their  views.  An  independent  ombudsman  re- 
ceives complaints  relating  to  governmental  administrative  issues  and  investigates 
complaints  of  human  rights  abuse.  The  Ombudsman  can  make  recommendations 
but  does  not  have  authority  to  force  government  offices  to  take  action. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Government  respects  in  practice  the  constitutional  provisions  for  fundamental 
human  rights  and  freedoms  to  all  without  discrimination  based  on  race,  origin, 
color,  religion,  or  sex. 

Women. — Physical  abuse  of  women  continued  to  be  an  extensive  problem;  murder, 
rape,  and  other  crimes  against  women  are  frequently  reported.  Tliere  are  several 
shelters  for  battered  women,  and  a  rape  crisis  center  offers  counseling  for  rape  vic- 
tims and  perpetrators  on  a  voluntary  oasis.  Rape,  spousal  abuse,  and  spousal  rape 
are  criminal  ofTenses.  However,  some  police  officers  are  reputed  to  be  unsympathetic 
or  reluctant  to  pursue  such  cases,  which  results  in  low  reporting  of  crimes  of^  vio- 
lence against  women.  Inconsistent  sentencing  has  exacerbated  the  public  perception 
of  a  senous  problem.  Media  focus  on  the  100  percent  increase  in  reported  rapes  gen- 
erated a  great  deal  of  public  attention,  and  there  is  heightened  governmental  aware- 
ness of  escalating  violent  crimes  against  women.  At  year's  end,  the  Government  was 
preparing  to  implement  legislation  to  strengthen  the  Domestic  Violence  Act. 

Many  women  hold  positions  in  business,  the  professions,  and  government,  but 
men  tend  to  hold  the  most  senior  positions.  There  is  no  law  or  regulation  requiring 
equal  pay  for  equal  work. 

The  Division  of  Women's  Affairs  in  the  Ministry  of  Community  Development, 
Women's  Affairs,  and  Culture  is  charged  with  protecting  women's  rights  in  all  as- 
pects of  government  and  legislation.  Several  active  women's  rights  groups  also  exist. 

Children. — The  Government's  ability  to  protect  children's  welfare  is  limited  by  a 
lade  of  funds  and  expanding  social  needs.  Some  parts  of  the  public  school  system 
seriously  fail  to  meet  the  needs  of  the  school  age  population  due  to  overcrowding, 
substandard  physical  facilities,  and  occasional  classroom  violence  by  gangs.  There 
is  no  societal  pattern  of  abuse  directed  at  children.  The  Domestic  Violence  Act  pro- 
vides protection  for  children  abused  at  home.  Abused  children  are  usually  placed 
with  relatives  if  they  are  removed  from  the  home.  If  there  is  no  relative  who  can 
take  them,  there  are  several  government  institutions  and  nongovernmental  organi- 
zations (NGO's)  that  accept  children. 

People  With  Disabilities. — There  is  no  legislation  that  specifically  enumerates  or 
protects  the  rights  of  disabled  persons  nor  mandates  the  provision  of  access  to  build- 
ings or  services,  althou^  NGO's  lobbied  Parliament  to  pass  such  legislation.  Lack 
of  access  to  transportation,  buildings,  and  sidewalks  is  a  major  obstacle  for  the  dis- 
abled. The  Government  provides  some  public  assistance  and  partial  funding  to  a  va- 
riety of  NGO's  which,  in  turn,  provide  direct  services  to  disabled  members  or  clients. 

Indigenous  People. — Members  of  a  very  small  group  in  the  population  identify 
themselves  as  descendants  of  the  original  Amerindian  population  of^the  island.  They 
maintain  social  ties  with  each  other  and  other  aboriginal  groups  and  are  not  subject 
to  discrimination. 

National  / Racial  / Ethnic  Minorities. — Various  ethnic  and  religious  groups  live  to- 
gether peacefully,  generally  respecting  each  other'^s  beliefs  and  practices.  However, 
at  times  racial  tensions  appear  between  Afro-Trihidadians  and  Indo-Trinidadians. 
Each  group  comprises  about  40  percent  of  the  population.  The  private  sector  is 
dominated  by  Indo-Trinidadians  and  people  of  European,  Middle  Eastern,  or  Asian 
descent.  Indo-Trinidadians  also  predominate  in  agriculture.  Afro-Trinidadians  tend 
to  find  employment  in  disproportionate  numbers  in  the  civil  service,  police,  and  mili- 
tary. Some  Indo-Trinidadians  assert  that  they  are  excluded  from  equal  representa- 
tion in  the  civil  service  due  to  racial  discrimination.  Since  Indo-Trinidadians  con- 


660 

stitute  the  mtyority  in  rural  areas  and  Afro-Trinidadians  are  in  the  majority  in 
urban  areas,  competition  between  town  and  country  for  public  goods  and  services 
often  takes  on  racial  overtones. 

In  October  1996,  there  were  reports  that  several  popular  recreational  clubs  were 
refusing  entry  to  Afro-Trinidadians  and  dark-skinned  Indo-Trinidadians.  The  re- 
ports led  to  criticism  of  racism  by  the  local  press,  and  the  Government  pledged  to 
implement  a  law  banning  racial  discrimination  in  entry  policies  for  private  clubs. 
However,  the  Government  had  not  taken  such  action  by  year's  end. 

Section  6.  Worker  Rights 

a.  TTie  Right  of  Association. — The  1972  Industrial  Relations  Act  provides  that  all 
workers,  including  those  in  state-owned  enterprises,  may  form  or  join  unions  of 
their  own  choosing  without  prior  authorization.  Union  membership  has  declined, 
with  an  estimated  20  to  28  percent  of  the  work  force  organized  in  14  active  unions. 
Most  unions  are  independent  of  the  Government  or  political  party  control,  although 
the  Sugar  Workers'  Union  is  historically  allied  with  the  UNC.  Tne  Prime  Minister 
was  formerly  president  of  the  Sugar  Workers'  Union. 

The  law  pronibits  antiunion  activities  before  a  union  is  legally  registered,  and  the 
Ministry  of  Labor  enforces  this  provision  when  it  receives  a  complaint.  A  union  may 
also  bring  a  request  for  enforcement  to  the  Industrial  Court.  All  employees  except 
those  in  essential  services,"  such  as  government  employees  and  police,  have  the 
right  to  strike. 

Junior  doctors  at  Port  of  Spain  and  San  Fernando  general  hospitals  continued 
their  series  of  sick -outs  and  work-to-rule  actions  begun  in  1996  to  protest  poor  work- 
ing conditions  and  insufficient  pay.  During  these  actions,  several  wards  were  fre- 
quently out  of  service  at  the  Port  of  Spain  general  hospital,  including  the  intensive 
care  ward.  Magistrates  also  launched  a  sick -out  in  Octooer  and  November  to  protest 
poor  working  conditions  and  low  pay. 

The  Labor  Relations  Act  prohibits  retribution  against  strikers  and  provides  for 
grievance  procedures  if  needed.  A  special  section  of  the  Industrial  Court  handles 
mandatory  arbitration  cases.  Arbitration  agreements  are  enforceable  and  appealable 
only  to  the  Industrial  Court. 

Unions  freely  join  federations  and  affiliate  with  international  bodies.  There  are 
no  restrictions  on  international  travel  or  contacts. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Industrial  Relations  Act 
establishes  the  right  of  workers  to  collective  bargaining.  The  Ministry  of  Labor's 
conciliation  service  maintains  statistical  information  regarding  the  number  of  work- 
ers covered  by  collective  bai^aining  agreements  and  the  nurnoer  of  antiunion  com- 
plaints filed. 

The  Industrial  Court  may  order  employers  who  are  found  pailty  of  antiunion  ac- 
tivities to  reinstate  workers  and  pay  compensation,  or  it  can  impose  other  penalties 
including  imprisonment.  When  necessary  the  conciliation  service  also  determines 
which  unions  should  have  senior  status. 

There  are  several  newly  organized  export  processing  zones  (EPZ's).  The  same 
labor  laws  apply  in  the  EPZ's  as  in  the  country  at  large. 

c.  Prohibition  of  Forced  or  Cornpulsory  Labor. — The  law  does  not  explicitly  pro- 
hibit forced  or  compulsory  labor,  but  there  were  no  reports  that  it  was  practiced. 
There  were  also  no  reports  of  forced  or  bonded  labor  by  children. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum legal  age  for  workers  is  12  years.  Children  from  12  to  14  years  of  age  may 
only  wont  in  family  businesses.  Children  under  the  age  of  18  may  legally  work  only 
during  daylight  hours,  with  the  exception  of  16-  to  18-year-olds,  who  may  work  at 
night  m  sugar  factories.  The  probation  service  in  the  Ministry  of  Social  Development 
and  Family  Services  is  responsible  for  enforcing  child  labor  provisions,  but  enforce- 
ment is  lax.  The  Government  does  not  specifically  prohibit  forced  and  bonded  labor 
by  children,  but  such  practices  are  not  known  to  occur  (see  Section  6.c.).  There  is 
no  oi^anized  exploitation  of  child  labor,  but  children  are  often  seen  begging  or  work- 
ing as  street  vendors.  Some  are  used  by  criminals  as  guards  and  couriers. 

e.  Acceptable  Conditions  of  Work. — There  is  no  national  minimum  wage.  The  Gov- 
ernment has  set  minimum  wages  for  53  job  categories  in  5  nonunionized  occupa- 
tional groupings.  The  minimum  pay  ranges  from  $26  (TT$  130.45)  per  week  to  $57 
(Tr$285)  per  week.  These  rates  were  to  be  adjusted  for  cost-of-living  increases  at 
regular  intervals,  but  Parliament  has  only  adjusted  the  rates  once  (in  1991)  since 
passing  the  law  in  1986.  The  Ministry  of  Labor  enforces  the  minimum  wage  regula- 
tions. A  minimum  wage  is  not  sufficient  to  support  a  worker  and  family,  but  most 
workers  earn  more  than  the  minimum. 

The  standard  workweek  is  40  hours.  There  are  no  restrictions  on  overtime  work. 
Daily  rest  periods  and  paid  annual  leave  form  part  of  most  employment  agreements. 


661 

For  those  sectors  covered,  the  minimum  wage  laws  also  stipulate  holiday  pay,  2 
weeks'  vacation,  and  14  days'  sick  leave  per  year. 

The  Factories  and  Ordinance  Bill  of  1948  sets  requirements  for  health  and  safety 
standards  in  certain  industries  and  provides  for  inspections  to  monitor  and  enforce 
compliance.  The  Industrial  Relations  Act  protects  workers  who  file  complaints  with 
the  Ministry  of  Labor  regarding  illegal  or  hazardous  working  conditions.  Should  it 
be  determined  upon  inspection  tnat  hazardous  conditions  exist  in  the  workplace,  the 
woriter  is  absolved  for  refusing  to  comply  with  an  order  that  would  have  placed  him 
or  her  in  danger. 


URUGUAY 

Uruguay  is  a  constitutional  republic  with  an  elected  president  and  a  bicameral 
legislature.  In  November  1994,  former  President  Julio  Maria  Sanguinetti  won  a  nar- 
row election  victory.  He  began  his  5-year  term  in  March  1995.  The  judiciary  is  inde- 
pendent. 

The  Interior  Ministry  administers  the  country's  police  departments  and  the  prison 
system  and  is  responsible  for  domestic  security  and  public  safety.  The  police  contin- 
ued to  commit  human  rights  abuses. 

The  economy  is  a  mixture  of  private  and  state  enterprises  and  is  heavily  depend- 
ent on  agricultural  exports  and  agroindustry.  The  Government  resf)ects  private 
property  rights.  The  economy  grew  by  4.9  percent  in  1996,  with  estimated  growth 
of  5.0  percent  for  1997.  Annual  per  capita  income  was  about  $6,000  in  1996. 

The  Government  generally  respected  the  human  rights  of  its  citizens,  and  the  law 
and  judiciary  generally  provide  effective  means  of  dealing  with  individual  instances 
of  abuse.  However,  there  were  problems  in  some  areas,  principally  continued  police 
abuse  and  mistreatment  of  detainees,  and  poor  prison  conditions.  Low  pay  and  con- 
sequent lack  of  professionalism  in  police  ranks  continue  to  be  a  problem.  Court 
cases  sometimes  last  many  years,  resulting  in  lengthy  preverdict  detention.  Other 
problems  include  violence  against  women  and  continued  underrepresentation  of 
women  and  the  black  minority  in  the  upper  ranks  of  government  and  business. 

RESPECT  FOR  HUMA.N  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

The  case  of  Eugenic  Berrios,  whose  body  was  discovered  at  a  beach  resort  in  1995, 
continued  to  be  the  subject  of  an  unresolved  judicial  investigation.  Berrios,  a  Chil- 
ean chemist,  had  disappeared  from  Chile  in  1992  after  he  was  called  to  testify  con- 
cerning the  assassination  of  former  Chilean  Foreign  Minister  Orlando  Leteher. 
Berrios  reportedly  entered  Uruguay  illegally  under  protective  military  custody.  He 
was  last  seen  alive  on  November  15,  1992,  when  he  snowed  up  at  a  Canelones  police 
station  claiming  that  he  had  escaped  from  his  captors.  The  police  claimed  that  they 
returned  Berrios  to  the  custody  oimilitary  oflicers. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
Repeated  calls  for  investigations  into  past  disappearances  continued  in  1997.  As 

in  1996,  a  silent  march  in  memory  of  the  persons  who  had  disappeared  occurred  in 
May  with  thousands  of  participants.  The  executive  branch  opposed  a  judicial  action 
brought  by  a  Senator  (whose  father  was  killed  in  Argentina  in  1976)  reauesting  an 
investigation  of  the  alleged  removal  of  bodies  from  a  military  site,  on  the  grounds 
that  the  1985  Amnesty  Law,  which  was  confirmed  by  a  1989  plebiscite,  prohibited 
such  an  inquiry.  A  court  of  appeals  overturned  a  lower  court  ruling  in  favor  of  such 
an  inquiry. 

The  Government  also  cited  the  Amnesty  Law  to  reject  a  formal  petition  for  an  in- 
vestigation presented  by  relatives  of  persons  who  had  disappeared.  This  group  also 
brought  its  case  to  the  Inter-American  Commission  on  Human  Rights.  Although  the 
Amnesty  Law  obliges  the  executive  branch  to  investigate  the  cases  of  citizens  who 
were  detained  ana  then  disappeared  under  the  military  regime,  all  three  adnninis- 
trations  since  the  return  to  democracy  have  consistently  refused  to  open  official  in- 
vestigations into  their  fate.  The  only  exception  was  a  cursory,  nonpublic  inquiry  con- 
ducted by  a  military  prosecutor  that  revealed  nothing. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  brutal  treatment  oT  prisoners,  but  the  police  continued 
to  commit  abuses.  Neither  the  Ministry  of  Interior  nor  human  rights  organizations 


662 

have  received  credible  accusations  of  torture  of  prisoners  under  the  current  adminis- 
tration. 

The  judicial  and  parliamentary  branches  of  government  are  responsible  for  inves- 
tigating specific  allegations  of  abuse.  An  internal  police  investigative  unit  receives 
complamts  from  any  person  concerning  possible  noncriminal  poUce  abuse  of  power, 
but  it  is  understafied  and  can  issue  only  recommendations  for  disciplinary  action. 
While  the  courts  seldom  convicted  and  punished  law  enforcement  omcials  for  such 
abuse  in  the  past,  such  prosecutions  are  occurring  more  frequently:  For  example, 
in  September  a  judge  sentenced  4  police  officers  to  prison  for  their  involvement  in 
the  August  1994  Filtro  hospital  demonstrations,  in  which  police  killed  1  person  and 
iigured  50.  The  court  stated  that  the  police  had  committed  excesses  and^that  their 
use  of  firearms  was  not  justified.  In  a  separate  case,  a  court  gave  a  conditionally 
suspended  sentence  of  18  months  in  prison  to  a  police  officer  charged  with  unlaw- 
fuUy  detaining  and  interrogating  two  minors. 

Police  officers  charged  with  less  serious  crimes  may  continue  on  active  duty;  those 
charged  with  more  serious  crimes  are  separated  from  active  service  until  a  court  re- 
solves their  cases.  A  Ministry  of  Interior  study  reported  that  179  police  officers  had 
been  investigated  or  convicted  by  a  court  and  that  117  of  these  cases  were  directly 
linked  to  the  exercise  of  their  jobs.  The  1995  Public  Security  Law  requires  a  propor- 
tional use  of  force  by  the  police  and  the  use  of  weapons  only  as  a  last  resort,  in 
accordance  with  United  Nations  codes  regarding  the  use  of  force. 

Conditions  in  prisons  and  juvenile  detention  facilities  for  the  roughly  3,000  pris- 
oners remain  poor  but  not  life  threatening.  In  March  a  legislative  human  rights 
comanission  presented  a  report  that  criticized  the  "excessive  use  of  force  and  abuse 
of  authorit)^  by  prison  guards  and  officials,  and  stated  that  sanitation  and  health 
standards  in  the  prison  system  were  "unacceptable."  This  report  reflects  the  work 
of  a  previous  commission  that  in  June  1996  published  a  report  to  the  government 
citing  overcrowding,  lack  of  staff  training,  corruption,  and  physical  violence  as  prob- 
lems. A  new  facility  with  a  capacity  of  400  prisoners  opened  on  December  8,  and 
prisoners  were  transferred  to  it. 

The  Government  permits  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  requires  the  police  to 
have  a  written  warrant  issued  by  a  judge  before  making  an  arrest.  The  only  excep- 
tion is  when  the  police  apprehend  the  accused  during  commission  of  a  crime.  The 
Constitution  also  provides  the  accused  with  the  right  to  a  judicial  determination  of 
the  legality  of  detention  and  requires  that  the  detaining  authority  explain  the  legal 
grounds  for  the  detention.  Police  may  hold  a  detainee  incommunicado  for  24  hours 
before  presenting  the  case  to  a  judge,  at  which  time  the  detainee  has  the  right  to 
counsel.  It  is  during  this  24-hour  period  that  police  sometimes  abuse  prisoners,  occa- 
sionally resulting  in  forced  confessions. 

A  1980  law  stipulates  that  police  confessions  obtained  before  a  prisoner  appears 
before  a  judge  and  attorney  (without  the  police  present)  have  no  validity.  Further, 
should  a  prisoner  claim  that  he  has  been  mistreated,  by  law  the  judge  must  inves- 
tigate the  charge. 

If  the  detainee  cannot  afford  a  lawyer,  the  courts  appoint  a  public  defender.  If  the 
crime  carries  a  penalty  of  at  least  2  years  in  prison,  tne  accused  person  is  confined 
during  the  judge's  investigation  of  the  charges  unless  the  authorities  agree  to  re- 
lease the  person  on  bail.  This  seldom  happens.  As  a  result,  approximately  90  per- 
cent of  all  persons  incarcerated  are  awaiting  a  final  decision  in  their  case.  Because 
of  the  slowness  of  the  judicial  process,  the  length  of  time  prisoners  spend  in  jail  be- 
fore the  judge  issues  a  verdict  may  exceed  the  maximum  sentence  for  their  crime. 
Human  rights  groups  claim  that  the  uncertainty  as  to  how  long  one  will  be  impris- 
oned is  a  factor  creating  tension  within  the  country's  prisons. 

In  December  the  legislature  approved  a  bill  to  reform  and  modernize  the  Criminal 
Code.  Among  its  provisions,  the  new  law  provides  for  more  oral  argument  by  pros- 
ecution and  defense  attorneys,  and  less  investigative  responsibility  forjudges,  which 
is  expected  to  accelerate  the  pace  of  criminal  trials. 

The  Government  does  not  use  forced  exile  as  a  means  of  punishment. 

e.  Denied  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice. 

The  Supreme  Court  heads  the  judiciary  system  and  supervises  the  work  of  the 
lower  courts.  A  parallel  military  court  system  operates  under  a  Military  Justice 
Code.  Two  military  justices  sit  on  the  Supreme  Court  but  participate  only  in  cases 
involving  the  military.  Military  justice  applies  to  civilians  only  during  a  state  of  war 
or  insurrection. 

Trial  proceedings  are  usually  based  on  written  arguments  to  the  judge,  which  are 
not  routinely  made  public.  Only  the  prosecutor  and  defense  attorney  have  access  to 
all  documents  that  form  part  of  the  written  record.  The  courts  introduced  oral  ar^- 


663 

ment  in  1990,  but  individual  judges  use  it  at  their  option.  Most  judges  choose  to 
retain  the  written  method,  a  major  factor  slowing  down  the  judicial  process.  There 
is  no  legal  provision  against  self-incrimination,  and  judges  may  compel  defendants 
to  answer  any  Question  they  pose.  The  defense  attorney  or  prosecutor  may  appeal 
convictions  to  a  ni^er  court,  which  may  acquit  the  f>erson  of  the  crime,  confirm  the 
conviction,  or  reduce  or  increase  the  sentence. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  right  to  privacy,  and  the  Government  generally  re- 
spects constitutional  provisions  and  safeguards  in  practice. 

Section  2.  Respect  for  Civil  liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  but  the  authorities  may  abridge  these  rights  if  persons  are  deemed 
to  be  inciting  violence  or  "insulting  the  nation." 

All  elements  of  the  political  sjjectrum  freely  express  their  viewpoints  in  both  print 
and  broadcast  media.  Montevideo  alone  has  8  daily  newspapers  and  6  important 
weeklies;  there  are  also  approximately  100  other  weekly  and  a  few  daily  newspapers 
throughout  the  country.  Montevideo  has  one  govemment-afTiliated  and  three  com- 
mercial television  stations.  There  are  about  110  radio  stations  and  20  television  sta- 
tions in  the  country. 

A  1989  law  stipulates  that  expression  and  communication  of  thou^ts  and  opin- 
ions are  free,  within  the  limits  contained  in  the  Constitution,  and  it  outlines  meth- 
ods of  responding  to  "inexact  or  aggravating  information."  The  law  calls  for  3 
months'  to  2  years'  imprisonment  for  "knowingly  divulging  false  news  that  causes 
a  grave  disturbance  to  the  public  peace  or  a  grave  prejudice  to  economic  interests 
of  the  State"  or  for  "insulting  the  nation,  the  State,  or  thair  powers."  The  authorities 
use  this  law  intermittently  to  set  and  enforce  certain  limits  on  freedom  of  the  press. 

In  August  a  judge  acquitted  the  director  and  the  editor  of  a  daily  newspaper,  who 
had  been  convicted  in  1996  on  charges  of  offending  the  honor  of  a  head  of  state  (the 
President  of  Paraguay)  and  sentenced  to  2  years  in  prison.  (The  two  were  later  con- 
ditionally released  from  jail.)  The  judge  based  his  ruling,  in  part,  on  the  fact  that 
while  the  story  had  been  critical  and  undoubtedly  irritated  the  Paraguayan  Presi- 
dent, its  publication  had  not  put  relations  between  Paraguay  and  Uruguay  "in  dan- 
ger." An  appellate  court  formally  rejected  the  government  prosecutor's  appeal  of  this 
ruling,  thereby  closing  the  case. 

A  June  1996  decree  requires  the  Government's  prior  authorization  for  the  duty 
free  import  of  newsprint.  The  Inter-American  Press  Association  urged  the  Govern- 
ment to  repeal  this  decree,  calling  it  a  "serious  threat  to  the  preservation  of  freedom 
of  the  press,"  inasmuch  as  it  stipulates  prior  government  authorization  and  grants, 
in  theory,  the  power  to  establish  quotas.  Since  making  the  decree,  however,  the  Gov- 
enmient  has  never  refused  the  duty  free  privilege. 

The  national  university  is  autonomous,  and  the  authorities  generally  respect  aca- 
demic freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  (^Religion. — ^The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country.  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^The  Constitution  provides  for  these  rights,  and  the  (jovemment  re- 
spects them  in  practice. 

The  Government  grants  refugee  status  in  accordance  with  the  1951  U.N.  Conven- 
tion Relating  to  the  Status  of  Refugees  and  its  1961  Protocol.  The  CJovernment 
grants  asylum  only  for  political  crimes  as  set  forth  in  the  1928  Treaty  of  Havana, 
the  1889  Treaty  of  Montevideo,  and  the  1954  Caracas  Convention.  The  Government 
cooperates  with  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR)  and 
other  humanitarian  organizations  in  assisting  refugees.  The  issue  of  the  provision 
of  first  asylum  did  not  arise  in  1997.  There  were  no  reports  of  forced  return  of  per- 
sons to  a  country  where  they  feared  persecution. 

In  December  1996,  an  appellate  court  decided  not  to  extradite  to  Peru  two  mem- 
bers of  the  Tupac  Amaru  Revolutionary  Movement  (MRTA)  and  released  them  from 
custody.  The  two  then  applied  to  the  UNHCR  for  refugee  status.  Their  refugee  ap- 
plications were  suspended  since  both  individuals  later  went  into  hiding  and  their 
current  whereabouts  are  unknown. 


664 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  and  ability  peacefully  to  change  their  government.  Uru- 
guay is  a  multiparty  democracy  with  mandatory  universal  suffrage  for  those  18 
years  of  age  or  older,  and  there  are  no  restrictions  regarding  race,  sex,  religion,  or 
economic  status.  The  Colorado  party,  the  National  (Blanco)  party,  the  Broad  Front 
coalition,  and  the  New  Space  party  are  the  four  majorpoUtical  groupings. 

A  constitutional  reform  approved  by  plebiscite  in  December  1996  did  away  with 
the  old  "law  of  lemas,"  by  wnich  a  party  could  run  multiple  presidential  and  legisla- 
tive candidates  for  tne  same  offices.  Ine  candidate  receiving  the  most  votes  from 
the  party  receiving  the  most  votes  filled  the  presidency,  and  each  party  gained  seats 
in  the  wsnate  and  Chamber  of  Deputies  according  to  the  percentage  of  votes  that 
it  received.  The  reform  limits  parties  to  one  candidate,  determined  by  intemalparty 
primaries,  per  elected  office.  The  top  two  presidential  candidates  face  a  runofl  elec- 
tion if  no  one  wins  a  first-round  majority  vote. 

Women  and  blacks  face  impediments  to  high-level  participation  in  politics  and 
emplojnment  in  government.  Only  1  of  12  cabinet  ministers  is  a  woman.  In  the  legis- 
lature, 2  of  30  Senators  and  9  of  99  Deputies  are  women.  There  are  no  minority 
representatives  or  cabinet  officials. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  tneir  nndings  on  human  righte  cases.  Government  officials 
are  generally  cooperative  and  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  and  the  law  prohibit  discrimination  based  on  race,  sex,  religion, 
or  disability.  Despite  these  provisions,  discrimination  against  some  croups  exists. 

Women. — Violence  against  women  continues  to  be  a  serious  problem.  There  were 
more  them  950  formal  complaints  of  violent  acts  against  women,  reflecting  both  an 
increased  public  awareness  of  the  problem  as  well  as  a  growing  change  in  attitude 
among  women.  The  law  provides  for  sentences  of  6  montns  to  2  years  in  prison  for 
a  person  found  guilty  of  committing  an  act  of  violence  or  of  making  continuing 
threats  to  cause  Dodily  injury  to  persons  related  emotionally  or  legally  to  the  per- 
petrator. The  Montevideo  city  hall  has  a  hot  line  for  victims  of  violence. 

The  Government  has  established  an  office  of  assistance  for  victims  of  domestic  vi- 
olence which  trains  police  how  to  receive  complaints  of  violence  against  women.  A 
new  directorate  within  the  Ministry  of  Interior  instituted  a  public  awareness  cam- 
paign about  domestic  violence  ana  founded  community  assistance  centers  where 
abuse  victims  can  receive  counseling  and  referrals  to  government  and  private  orga- 
nizations in  their  area  that  aid  abused  women. 

Women  enjoy  equality  under  the  law  but  face  discrimination  stemming  from  tradi- 
tional attitudes  and  practices.  The  work  force  exhibits  segregation  by  gender. 
Women,  who  make  up  almost  one-half  the  work  force,  tend  to  be  concentrated  in 
lower  paying  jobs.  However,  one-half  the  students  now  entering  universities  are 
women.  They  often  pursue  professional  careers  but  are  undeirepresented  in  tradi- 
tionally male-dominated  professions.  In  February  the  Government  approved  official 
regulations  to  implement  a  1989  law  for  equality  in  the  workplace  that  had  pre- 
viously gone  unenforced.  In  1997  the  Air  Force  Academy  became  the  first  armed 
services  academy  to  admit  women.  The  Liceo  Militar,  a  military-run  secondary 
school  that  prepares  officer-candidates  for  all  the  services,  admitted  54  women  in 
1997,  for  a  total  female  enrollment  of  115. 

A  small  institute  in  the  Ministry  of  Education  coordinates  government  programs 
for  women.  There  are  a  number  oi  active  women's  rights  groups,  and  many  of  their 
activities  in  1997  remained  centered  on  followup  to  the  platform  of  action  of  the 
1995  U.N.  Conference  on  Women. 

Children. — The  Government  is  generally  committed  to  protecting  children's  rights 
and  welfare.  An  institute  in  the  Ministry  of  Interior  oversees  implementation  of  the 
Government's  programs  for  children  but  receives  only  limited  funding  for  programs. 
The  Government  regards  the  education  and  health  of  children  as  a  top  priority  and 
believes  it  should  do  more  to  ensure  free  education  and  proper  health  care  for  all 
children.  Since  40  percent  of  children  under  the  age  of  5  live  in  20  percent  of  the 
poorest  homes,  the  Government  is  attempting  to  extend  proper  health  and  education 
to  them  with  the  help  of  the  United  Nations  Children's  Fund.  The  Government  pro- 
vides free,  compulsory  primary  education,  and  95  percent  of  children  complete  this 
program. 


665 

There  are  no  societal  patterns  of  abuse  of  children.  Minors  under  the  age  of  18 
are  not  subject  to  criminal  trial,  but  receive  special  treatment  with  special  judges 
and,  when  sentenced,  stay  in  institutions  run  by  the  National  Institute  for  Minors 
(INAME)  for  the  period  determined  by  the  judge.  The  (}ovemment  currently  houses 
all  its  problem  minors  in  INAME.  The  most  controversial  aspect  of  the  1995  Public 
Security  Law  would  allow  the  Government  to  put  minors  with  a  record  of  violent 
crimes  in  adult  prisons  if  INAME  has  no  room  in  its  own  institutions.  Even  though 
the  law  stipulates  that  minors  would  occupy  separate  facilities  within  the  prisons, 
human  rights  groups  adamantly  opjxjse  this  provision.  As  a  result,  INAME  has  de- 
cided that  it  wul  not  send  minors  to  adult  prisons. 

People  With  Disabilities. — The  legislature  passed  a  law  covering  the  rights  of  the 
disabled  in  1989.  A  national  disabilities  commission  oversees  implementation  of  the 
law.  Although  the  law  mandates  accessibility  only  to  new  buildings  or  public  serv- 
ices for  people  with  disabilities,  the  Government  is  providing  access  to  a  number  of 
existing  buildings.  The  law  reserves  4  percent  of  public  sector  jobs  for  the  disabled. 
The  country  has  a  generally  excellent  mental  health  system  and  an  interest  in  the 
rights  of  people  with  mental  disabilities. 

rJational  I  Racial  I  Ethnic  Minorities. — The  country's  black  minority,  estimated  at  5 

f)ercent  of  the  population,  continues  to  face  societal  discrimination.  The  Government 
acks  adequate  statistics  on  blacks,  which  contributes  to  a  lack  of  awareness  that 
problems  exist.  The  latest  report  (1993)  put  the  number  of  black  university  grad- 
uates at  65,  and  black  professionals  at  fewer  than  50.  Blacks  are  practically  unrep- 
resented in  the  bureaucratic,  political,  and  academic  sectors  of  society.  They  lack  the 
social  and  political  connections  necessary  for  entry  into  these  groups.  The  Govern- 
ment is  working  with  local  minority  organizations  to  address  this  problem  and  in- 
vited the  leading  black  minority  organization  to  help  prepare  an  official  report  on 
racial  discrimination. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  states  that  laws  should  promote 
the  organization  of  trade  unions  and  the  creation  of  arbitration  bodies.  In  spite  of 
this  provision,  there  is  almost  no  legislation  concerning  union  activities.  Unions  tra- 
ditionally organize  and  operate  free  of  government  regulation.  Civil  servants,  em- 
ployees of  state-run  enterprises,  and  private  enterprise  workers  may  join  unions.  An 
estimated  12  percent  of  tne  work  force  is  unionized.  Labor  unions  are  independent 
of  political  party  control  but  have  traditionally  associated  more  closely  with  the 
Broad  Front,  the  leftist  pohtical  coalition. 

The  Constitution  provides  workers  with  the  right  to  strike,  and  there  were  numer- 
ous strikes  during  the  year.  The  Government  may  legally  compel  workers  to  work 
during  a  strike  if  they  perform  an  essential  service  which,  if  interrupted,  "could 
cause  a  grave  prejudice  or  risk,  provoking  suffering  to  part  or  all  of  the  society." 

There  are  mechanisms  for  resolving  workers'  complaints  against  employers,  but 
unions  complain  that  these  mechanisms  are  sometimes  applied  arbitrarily.  The  law 

f generally  prohibits  discriminatory  acts  by  employers,  including  arbitrary  dismissals 
or  union  activity.  Unions  maintain  that  organizers  are  dismissed  for  other  fab- 
ricated reasons,  thus  avoiding  penalty  under  the  law. 

There  are  no  restrictions  on  the  right  of  unions  to  form  confederations  or  to  affili- 
ate with  international  trade  union  groups;  however,  the  one  national  confederation 
has  chosen  not  to  affiliate  officially  with  any  of  the  world  federations.  Some  individ- 
ual unions  are  affiliated  with  international  trade  secretariats. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  between 
companies  and  their  unions  determines  a  number  of  private  sector  salaries.  TTie  ex- 
ecutive branch,  acting  independently,  determines  public  sector  salaries.  There  are 
no  laws  prohibiting  antiunion  discrimination,  but  a  1993  executive  decree  estab- 
lished fines  for  employers  engaging  in  antiunion  activities.  The  law  does  not  require 
employers  to  reinstate  workers  fired  for  union  activities.  However,  in  cases  of  legal 
chdlenges  by  union  activists,  courts  tend  to  impose  indemnization  levels  that  are 
higher  than  those  normally  paid  to  dismissed  workers. 

Union  members  continued  to  file  claims  of  discrimination  with  the  Ministry  of 
Labor,  which  has  a  labor  commission  that  investigates  all  claims.  In  some  of  the 
cases,  employers  agreed  to  reinstate  workers,  but  other  cases  remained  unresolved 
at  year's  end. 

AU  labor  legislation  fully  covers  workers  employed  in  special  export  zones.  There 
are  no  unions  in  any  of  these  zones,  but  the  few  workers  in  these  zones  are  not  in 
traditionally  organizable  occupations.  Because  of  the  protected  status  given  many  of 
the  companies  in  the  free  zones  and  the  lack  of  union  presence,  occasionally  compa- 
nies will  implement  labor  practices  in  violation  of  the  law. 


666 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  prohibits  forced 
or  compulsory  labor,  and  there  is  no  evidence  of  its  existence.  The  law  prohibits 
forced  or  bonded  labor  by  children,  and  the  Government  enforces  this  prohibition 
effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Child 
Labor  Code  protects  children;  the  Ministry  of  Labor  and  Social  Security  is  respon- 
sible for  enforcing  the  laws.  Illegal  child  labor  is  not  a  problem.  The  law  prohibits 
forced  or  bonded  labor  by  children,  and  the  Government  enforces  this  prohibition 
effectively.  A  total  of  95  percent  of  children  complete  primary  school  education, 
which  is  compulsory  and  free  of  charge.  By  law  children  under  15  years  of  age  are 
not  allowed  to  work  unless  granted  a  special  permit;  this  is  enforced  in  practice. 
Children  under  the  age  of  18  may  not  perform  dangerous,  fatiguing,  or  night  work. 
Controls  over  salaries  and  hours  for  children  are  more  strict  than  those  for  adults. 
Children  over  the  age  of  16  may  sue  in  court  for  payment  of  wages,  and  children 
have  the  legal  right  to  dispose  of  their  own  income.  However,  many  children  woric 
as  street  vendors  in  the  expanding  informal  sector  or  in  the  agrarian  sector,  which 
are  generally  less  strictly  regulated  and  where  pay  is  lower. 

e.  Acceptable  Conditions  of  Work. — The  Ministry  of  Labor  effectively  enforces  a 
legislated  minimum  monthly  wage  which  is  in  effect  in  both  the  public  and  private 
sectors.  The  Ministry  adjusts  the  minimum  wage  whenever  it  adjusts  public  sector 
wages.  The  minimum  wage,  which  was  about  $95  (900  pesos)  per  month,  functions 
more  as  an  index  for  calculating  wage  rates  than  as  a  true  measure  of  minimum 
subsistence  levels,  and  it  would  not  provide  a  decent  standard  of  living  for  a  worker 
and  family. 

The  standard  workweek  is  48  hours  in  industry  and  44  hours  in  commerce,  with 
a  36-hour  break  each  week.  The  law  stipulates  that  industrial  workers  receive  over- 
time compensation  for  work  in  excess  of  48  hours  and  that  workers  are  entitled  to 
20  days  of  paid  vacation  after  a  year  of  employment. 

The  Ministry  of  Labor  and  Social  Security  enforces  legislation  regulating  health 
and  safety  conditions  in  a  generally  effective  manner.  However,  some  of  the  regula- 
tions cover  urban  industrial  workers  more  adequately  than  rural  and  agricultural 
workers.  Workers  have  the  right  to  remove  themselves  from  what  they  consider  haz- 
ardous or  dangerous  conditions. 


VENEZUELA 

Venezuela  is  a  republic  with  an  active  multiparty  democratic  system,  a  bicameral 
congress,  and  a  popularly  elected  president.  Over  three  decades  of  two-party  domi- 
nance ended  in  1994  when  former  president  Rafael  Caldera  was  sworn  in  as  Presi- 
dent with  the  support  of  a  coalition  of  small  and  medium  sized  parties.  The  Con- 
gress comprises  seven  major  political  groupings.  In  July  1995,  the  Government  rein- 
stated most  of  the  constitutional  protections  for  citizens'  rights  that  it  had  sus- 
pended in  June  1994  to  combat  subversion  and  to  address  tne  country's  financial 
crisis.  In  some  border  areas  where  guerrilla  activity,  drug  trafficking,  and  kidnaping 
were  a  continuing  problem,  suspension  of  freedom  from  arbitrary  arrest  and  deten- 
tion and  search  without  warrant,  as  well  as  freedom  to  travel,  remained  in  effect. 
The  judiciary  is  legally  independent,  but  judges  are  subject  to  influence. 

The  security  apparatus  comprises  civilian  and  military  elements,  both  accountable 
to  elected  authorities.  The  Justice  Ministry  controls  the  Judicial  Technical  Police 
(PTJ),  which  conducts  most  criminal  investigations.  The  Interior  Ministry  controls 
the  State  Security  Police  (DISDP),  which  is  primarily  responsible  for  protecting  pub- 
lic oflicials  and  investigating  cases  of  subversion  and  arms  trafficking.  The  General 
Directorate  for  Military  Intelligence  (DIM),  under  the  Defense  Ministry,  is  respon- 
sible for  collecting  intelligence  related  to  national  security  and  sovereignty.  The  Na- 
tional Guard,  a  branch  of  the  military,  has  arrest  powers  and  is  largely  responsible 
for  guarding  the  exterior  of  prisons  and  key  government  installations,  maintaining 
order  during  times  of  civil  unrest,  monitoring  frontiers,  and  providing  law  enforce- 
ment in  remote  areas.  It  also  supplies  the  top  leadership  for  the  Metropolitan  Police, 
the  main  civilian  police  force  in  and  around  Caracas,  and  for  various  state  and  mu- 
nicipal police  forces.  Both  police  and  military  personnel  were  responsible  for  human 
rights  anuses. 

Venezuela  has  abundant  natural  resources,  but  a  large  proportion  of  its  people  are 
poor.  Oil  accounted  for  28  percent  of  gross  domestic  product  (GDP),  61  percent  of 
government  revenues,  and  77  percent  of  the  country's  exports  in  1997.  Per  capita 
GDP  of  $3,5(X)  is  unevenly  distributed.  The  public  sector  dominates  the  economy, 
employing  one  out  of  six  workers.  Public  sector  iron,  steel,  aluminum,  and  petro- 


667 

chemical  products  constitute  one  third  of  the  country's  non-oil  exports.  The  Govern- 
ment privatized  telecommunications  and  most  of  the  steel  sector,  reprivatized  most 
of  the  financial  sector,  and  opened  the  oil  industry  to  foreign  joint  ventures.  The 
Government  plans  to  privatize  the  aluminum  industry  and  otner  smaller  public  sec- 
tor enterprises  in  1998. 

The  Government's  human  rights  record  continued  to  be  poor  in  certain  areas  and 
includes  extraiudicial  killings  of  criminal  suspects  by  the  police  and  military,  torture 
and  abuse  of  detainees,  failure  to  punish  police  and  security  officers  guilty  of  abuse, 
arbitrary  arrests  and  excessively  lengthy  detentions,  illegal  searches,  and  corruption 
and  severe  inefficiency  in  the  judicial  and  law  enforcement  systems.  Overcrowding 
and  violence  in  the  prisons  were  so  severe  as  to  constitute  inhuman  and  degrading 
treatment.  Violence  against  women,  abuse  of  children,  discrimination  against  the 
disabled,  and  inadequate  protection  of  the  rights  of  indigenous  people  continue  to 
be  problems.  Vigilante  justice  is  a  problem. 

In  an  effort  to  address  these  problems  and  formulate  a  national  human  rights 
agenda,  the  Government  held  a  high-level  symposium  with  nongovernmental  organi- 
zations (NGO's)  in  July.  In  addition,  the  Government  announced  the  creation  of  a 
National  Police  Committee  and  a  human  ri^ts  office  in  the  Defense  Ministry  to  en- 
sure better  compliance  with  human  rights  norms.  In  October  the  Supreme  Court 
ruled  that  the  Vagrancy  Act,  which  permitted  up  to  5  years'  detention  without  trial 
of  persons  deemed  a  danger  to  society,  was  unconstitutional.  In  December  Congress 
approved  a  new  Code  of  Criminal  Procedure  that  provides  for  open  public  trials  with 
oral  proceedings  and  jury  participation. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  targeted 
political  killings,  but  extraiudicial  killings,  primarily  of  criminal  suspects,  by  the  se- 
curity forces  continued.  The  Venezuelan  Program  of  Action  and  Education  in 
Human  Rights  (PROVEA),  a  highly  respected  nongovernmental  human  rights  orga- 
nization, documented  151  extrajudicial  killings  from  October  1996  through  Septem- 
ber 1997.  The  killings  involved  summary  executions  of  criminal  suspects,  indiscrimi- 
nate or  excessive  use  of  force,  and  death  resulting  from  mistreatment  while  in  cus- 
tody. According  to  PROVEA,  the  State  Police  were  responsible  for  69  of  the  killings; 
the  Metropolitan  Police  of  the  Federal  District,  18;  the  PTJ,  17;  the  National  Guard, 
17;  the  Municipal  Police,  15;  the  armed  forces,  6;  the  DISIP,  4;  and  other  branches 
of  the  security  apparatus  or  a  combination  of  branches,  5. 

The  perpetrators  of  extrajudicial  killings  act  with  near  impunity,  as  the  Govern- 
ment rarely  prosecutes  such  cases.  The  police  often  fail  to  investigate  crimes  alleg- 
edly committed  by  their  colleagues  and  characterize  incidents  of  extrajudicial 
killings  as  "confrontations,"  even  though  eyewitness  testimony  and  evidence  strong- 
ly inmcate  otherwise.  In  addition,  the  civilian  judicial  system  remains  hi^ly  inem- 
cient  and  sometimes  corrupt,  and  military  courts  are  often  biased  in  favor  of  mem- 
bers of  the  armed  forces  accused  of  abuse.  A  special  pretrial  summary  phase  called 
"nudo  hecho,"  which  is  used  in  cases  involving  public  officials  and  is  conducted  in 
secret,  often  shields  members  of  the  security  forces  from  prosecution,  since  cases  can 
languish  in  that  phase  for  several  years.  In  the  small  number  of  prosecutions  in 
which  the  courts  convict  perpetrators  of  extrajudicial  killings  and  other  abuses,  the 
sentences  issued  are  frequently  light  or  the  convictions  are  overturned  on  appeal. 
Unlike  common  criminals,  members  of  the  security  forces  charged  with  or  convicted 
of  crimes  rarely  spend  much  time  in  prison. 

Hundreds  oi  prison  inmates  died  as  a  result  of  riots,  fires,  and  other  harsh  condi- 
tions in  prison  facilities  (see  Section  I.e.). 

In  January  members  of  the  Metropolitan  Police  arrested  and  handcuffed  two 
young  men  in  Guatire,  Miranda  state,  in  front  of  several  witnesses.  After  the  men 
were  led  away,  the  witnesses  heard  gunshots  and  later  found  one  of  the  men, 
Freddy  Rafael  Toro  Ramirez,  dead  from  bullet  wounds.  The  case  was  still  under  in- 
vestigation at  year's  end. 

There  were  no  new  developments  in  the  June  1996  robbery  and  shooting  in  a  Ca- 
racas bakery  in  which  a  policewoman  and  a  suspect  were  killed.  Members  of  the 
Metropolitan  Police  captured  uninjured  two  other  suspects,  whom  they  handcuffed 
and  took  away.  A  few  hours  later  the  police  delivered  the  bodies  of  the  two  suspects 
to  the  morgue,  dead  from  bullet  wounds.  The  authorities  charged  seven  policemen 
with  killing  the  suspects,  but  a  judge  later  released  them  on  the  grounds  that  the 
case  as  filed  was  technically  deficient. 

In  December  1996,  a  Sucre  Municipal  Police  officer  was  released  from  jail  after 
charges  against  him  for  shooting  U.S.  citizen  Barton  Wilder  were  reduced  from  in- 


668 

tentional  to  negligent  homicide.  The  officer,  off  duty  and  drunk,  had  fired  into  a 
group  of  roller-bladers,  killing  Wilder  and  injuring  another  person.  Four  members 
of  the  PTJ  have  been  imprisoned  for  the  1995  execution-style  killing  of  21-year-old 
Hector  Rojas,  but  they  have  not  been  tried. 

In  Aumist  a  judge  confirmed  the  charges  of  intentional  homicide  against  two  Na- 
tional Griiard  members  and  one  prison  guard  for  starting  a  fire  that  killed  25  in- 
mates at  La  Planta  prison  in  October  1996.  However,  he  dropped  charges  against 
the  officer  in  command,  National  Guard  Captain  Osmer  Martinez,  because  of  insuf- 
ficient proof  that  Martinez  had  authorized  use  of  the  tear  gas  that  caused  the  fire. 

There  were  no  prosecutions  or  new  information  surrounding  the  1994  discovery 
of  a  common  grave  in  the  Sierra  de  Perija  region  of  Zulia  state,  the  1992  killing 
of  at  least  63  prisoners  at  Catia  prison,  or  the  1992  killing  of  reporters  Maria  Veron- 
ica Tessari  and  Vii^lio  Fernandez  by  members  of  the  security  forces. 

Minimal  progress  was  made  towards  resolving  some  300  alleged  extrajudicial 
killings  by  security  forces  during  and  after  the  civil  unrest  of  Februai-y-March  1989. 
There  has  been  only  one  prosecution:  A  police  officer  was  found  guilty  in  1991  of 
killing  18-year-old  Eleazar  Ramon  Mavares,  shot  by  security  force  members  some 
20  times  at  close  range.  The  courts  released  the  officer  from  prison  1  year  later.  In 
negotiations  held  with  the  Inter-American  Commission  on  Human  Rights  (lACHR) 
in  1995,  the  Government  agreed  to  initiate  a  new  investigation  of  the  Mavares  case, 
punish  those  responsible,  and  provide  indemnities  to  the  victim's  family,  later  deter- 
mined to  be  $30,000  (15  million  bolivars).  The  lACHR  gave  Venezuela  until  April 
1997  to  comply  with  the  agreement,  and  in  October  it  again  called  on  the  Govern- 
ment to  investigate  this  case,  provide  compensation  to  the  victim's  family,  and  bring 
to  tustice  those  responsible  for  the  death.  By  year's  end,  the  Government  had  par- 
tially complied;  it  had  investigated  and  made  a  payment,  but  it  had  not  punished 
any  of  those  responsible.  The  Committee  of  Family  Members  of  Victims  oi  the  Un- 
rest (COFAVIC)  referred  44  cases  surrounding  the  1989  killings  to  the  lACHR,  as- 
serting that  the  Government  had  not  ensured  justice. 

In  &ptember  1996,  the  Inter-American  Court  of  Human  Rights  awarded  $722,332 
in  damages  to  two  survivors  and  the  families  of  14  fishermen  Killed  in  1988  by  mili- 
tary ana  police  officers  near  the  border  town  of  El  Amparo,  Apure  state.  The  Gov- 
ernment began  to  make  payments  in  September  but  by  year's  end  had  not  finished 
paying  the  award.  The  military  originally  claimed  that  the  deaths  were  the  result 
of  military  action  taken  against  Colombian  guerrillas,  but  the  Government  later  ac- 
knowledged culpability  and  agreed  to  pay  indemnities  to  the  survivors  and  the  vic- 
tims' families.  In  August  1994,  a  military  tribunal  overturned  the  conviction  of  16 
defendants  in  the  case  despite  strong  evidence  that  they  had  participated  in  a 
planned  ambush. 

Mob  lynching  of  supposed  criminals  is  a  significant  problem.  The  victims  are  al- 
most always  known  criminals  who  prey  on  residents  of  poor  neighborhoods.  Between 
October  1996  and  September  1997,  PROVEA  recorded  12  lynchings  and  22  at- 
tempted lynchings.  In  addition,  vigilante  groups  known  as  "brigadas"  are  increasing 
their  activity  in  various  parts  of  the  country  such  as  Lara  state. 

b.  Disappearance. — There  were  no  reliable  reports  of  persons  who  disappeared 
after  being  detained  by  the  police  or  the  armed  forces. 

There  were  no  developments  in  connection  with  the  1995  disappearances  of  Julio 
Rafael  Tovar,  Fidel  Ernesto  Croes  Aleman,  Luis  Martin  Sanchez  Vargas,  Juan  Dan- 
iel Monsalve,  or  Jose  Ramos;  or  the  1994  disappearances  of  Elsida  Ines  Alvarez, 
Benjamin  Vasquez,  and  Fidel  A.  Sanabria.  All  had  reportedly  been  detained  by  secu- 
rity force  members  prior  to  their  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  torture,  but  credible  human  rights  groups  report  that  the  security 
forces  continue  to  abuse  detainees  physically.  This  abuse  most  commonly  comprises 
beatings  during  arrest  or  interrogation,  but  there  have  been  incidents  when  the  se- 
curity forces  used  near  suffocation  and  other  forms  of  torture  that  leave  no  telltale 
signs.  Most  victims  come  from  the  poorest  and  least  influential  parts  of  society. 
There  were  also  cases  of  torture  of  political  activists  accused  of  subversion. 

PROVEA  documented  45  cases  of  torture  from  October  1996  through  September 
1997.  A  large  number  of  cases  were  never  reported  because  the  victims  feared  ret- 
ribution. According  to  PROVEA,  the  DISIP  was  responsible  for  18  of  the  reported 
torture  incidents;  tne  PTJ,  8;  the  armed  forces,  6;  the  State  Police,  4;  the  Metropoli- 
tan Police,  3;  the  National  Guard,  3;  the  DIM,  2;  and  the  municipal  police,  1.  Some 
of  these  cases  were  in  border  areas  where  constitutional  protections  were  sus- 
pended. 

Torture,  like  extrajudicial  killings,  continues  because  the  Government  does  not 
ensure  the  independent  investigation  of  complaints  needed  to  bring  those  respon- 
sible to  justice.  In  addition  to  lack  of  vigor  by  the  judiciary,  the  fact  that  the  Insti- 


669 

tute  of  Forensic  Medicine  is  part  of  the  PTJ  also  contributes  to  a  climate  of  impu- 
nity, since  its  doctors  are  unlikely  to  be  impartial  in  their  examinations  of  cases 
that  involve  torture  by  members  of  the  PTJ.  Very  few  instances  of  torture  have  re- 
sulted in  convictions. 

Some  50  Baruta  Municipal  Police  officers,  in  search  of  the  killer  of  a  colleague, 
attacked  residents  of  the  poor  working  class  Caracas  suburb  of  Petare  in  the  pre- 
dawn hours  of  December  25.  The  police  shot  their  weapons  wildly,  broke  into  homes, 
and  beat,  ^ot  at,  and  threatened  with  death  residents  in  their  path.  The  operation 
resulted  in  43  persons  injured,  8  of  whom  had  gunshot  wounds.  At  year's  end,  the 
incident  was  being  investigated  by  a  criminal  court.  The  chief  of  the  Baruta  Munici- 
pal Police  also  ordered  an  mtemal  investigation  and  promised  to  punish  any  officers 
guilty  of  brutality. 

In  January  two  members  of  the  Metropolitan  Police  in  the  Federal  District  alleg- 
edly demanded  $10  (5,000  bolivars)  from  Sergio  Bolivar  when  he  entered  a  bar. 
When  Bolivar  refiised  to  pay,  they  hit  him  in  the  forehead  and  right  cheek  with  a 
gun  and  arrested  him  for  possession  of  drugs.  Bolivar  was  detained  for  17  days. 

In  the  Colombian  border  area  where  constitutional  protections  have  been  sus- 
pended, the  National  Guard  and  army  act  with  near  impunity.  The  Support  Net- 
work for  Justice  and  Peace  has  documented  many  human  rights  abuses  in  this  re- 
?'on  by  amassing  detailed  witness  testimony.  For  example,  in  January  at  Fort 
aruro,  Apure  state,  brothers  Leonardo  and  Luis  Pena  Rosales  were  allegedly  tor- 
tured by  electric  current  applied  between  the  toes  and  near  suffocation  witn  a  plas- 
tic bag. 

There  has  been  no  resolution  of  the  border-area  cases  from  1995,  in  which  mem- 
bers of  the  military,  in  separate  incidents  in  reaction  to  guerrilla  attacks,  tortured 
23  rural  workers  near  Cararabo  and  19  peasant  farmers  in  La  Victoria,  both  in 
Apure  state. 

Prison  conditions  continued  to  be  extremely  harsh  due  to  underfunding,  poorly 
trained  and  corrupt  prison  staff  and  National  Guard  members,  and  overcrowding  so 
severe  as  to  constitute  inhuman  and  degrading  treatment.  As  of  August,  the  32  pris- 
on facilities  administered  by  the  Ministry  of  Justice  held  25,658  inmates,  of  wnom 
the  courts  had  sentenced  only  8,187. 

The  prisons  contain  more  than  10,000  prisoners  in  excess  ofcapacity.  In  letters 
written  to  the  Justice  Minister  in  December,  the  Prosecutor  General  called  attention 
to  excessive  use  of  force  by  prison  guards,  inadequate  medical  care  for  prisoners, 
and  failure  to  meet  the  nutritional  needs  of  inmates  with  the  food  provided  by  pris- 
on kitchens.  Inmates  often  have  to  pay  guards  as  well  as  each  other  to  obtain  neces- 
sities such  as  space  in  a  cell,  a  bed,  and  food.  Because  of  its  low  quality  and  insuffi- 
cient quantity,  only  about  30  percent  of  inmates  consume  prison  food.  Guns,  knives, 
and  illegal  drugs  are  easily  smuggled  into  most  prisons,  and  violence  among  pris- 
oners is  very  common. 

In  August  a  battle  between  rival  inmate  gangs  in  El  Dorado  prison  in  Bolivar 
state  left  29  inmates  dead  and  13  injured.  The  gangs,  one  from  Bolivar  state  and 
one  from  Zulia  state,  were  competing  for  control  ol^the  381 -inmate  prison,  which 
had  only  14  guards  and  no  telephone  service.  Following  this  incident,  the  Justice 
Minister  said  that  "the  jails  were  in  the  hands  of  the  inmates."  In  September 
searches  of  eight  prison  facilities  in  the  central  region  of  the  country  yielded  3  tons 
of  weapons.  In  October  the  former  director  of  Sabaneta  prison  in  Maracaibo  was  ar- 
rested for  demanding  a  monthly  kickback  from  a  prison  food  supplier. 

In  November  a  fire  caused  by  an  electrical  short  circuit  in  Sabaneta  prison  re- 
sulted in  the  death  of  16  inmates  and  injuries  to  32  more.  In  October  and  Novem- 
ber, prison  riots  resulted  in  multiple  deaths  and  many  injuries  in  Tocoron  prison 
in  Aragua  state,  Los  Llanos  prison  in  Portuguesa  state,  and  Tocuyito  prison  in 
Carabobo  state.  In  November  during  one  of  many  riots  at  La  Planta  prison  in  Cara- 
cas, a  grenade  blast  seriously  injured  11  inmates. 

PROVEA  documented  283  deaths  from  violence  in  the  prisons  from  October  1996 
through  September  1997.  The  majority  of  deaths  were  perpetrated  by  other  pris- 
oners, but  59  inmates  were  killed  by  the  authorities — 1  by  a  pnson  guard  under  the 
Ministry  of  Justice,  and  the  other  58  by  the  National  Guard.  The  Minister  of  Justice 
told  the  press  on  December  15  that  about  250  prisoners  had  been  killed  in  prison 
violence  during  the  year.  According  to  the  annual  report  of  a  congressional  commit- 
tee, there  were  266  deaths  and  1,001  serious  injuries  from  prison  violence  during 
the  year.  Hundreds  more  died  as  a  consequence  of  poor  sanitary  conditions,  poor 
diet,  and  inadequate  medical  care. 

In  January  the  Government  transferred  all  inmates  out  of  Caracas'  notorious 
Catia  prison  and  demolished  the  facility.  While  two  prisons  had  been  expanded  in 
Decemjber  1996,  none  of  the  three  new  prisons  under  construction  in  the  states  of 
Bolivar,  Lara,  and  Merida  were  completed  by  year's  end.  They  are  expected  to  pro- 


670 

vide  space  for  5,730  prisoners  when  opened  in  1998.  Although  the  Government  re- 
peatedlv  acknowledged  the  poor  state  of  the  prisons  and  stated  its  intention  to  im- 
prove tne  situation,  funding  for  prisons  remained  extremely  low,  preventing  signifi- 
cant improvement  in  most  penitentiaries. 

There  were  no  prosecutions  of  public  oflicials  for  the  corruption  and  neglect  that 
contributed  to  the  January  1994  riot  at  Sabaneta  prison,  in  which  inmates  killed 
105  fellow  prisoners  and  wounded  scores  of  others. 

The  Government  permits  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — In  1995  the  Government  reinstated  the 
constitutionally  protected  freedom  from  arbitrary  arrest  and  detention  in  all  but  16 
municipalities  along  the  Colombian  border  where  guerrilla  activity,  drug  trafficking, 
kidnaping,  and  extortion  were  a  continuing  problem.  However,  the  security  forces 
arbitrarily  arrested  and  detained  citizens. 

Following  the  August  kidnaping  by  Colombian  guerrillas  of  navy  Lieutenant  Car- 
los Bastardo  in  Puerto  Chorrosquero,  the  armed  forces  detained  227  persons,  includ- 
ing some  minors,  for  questioning.  According  to  the  Paez  municipality's  Committee 
for  the  Defense  of  Human  Rights,  they  held  many  detainees  incommunicado  for  sev- 
eral days. 

Outside  the  military  theaters  of  operation,  especially  during  anticrime  sweeps  in 
impoverished  sections  of  major  cities,  there  continued  to  be  arbitrary  detentions  by 
the  Metropolitan  Police,  the  DISIP,  the  National  Guard,  and  the  PfJ.  The  authori- 
ties detained  persons  during  the  sweeps  for  up  to  2  days  while  they  checked  crimi- 
nal records;  most  were  released  without  charges.  PROVEA  documented  11,452  per- 
sons detained  in  sweeps  from  October  1996  through  September  1997.  The  DISIP 
also  occasionally  detained  political  radicals  who  had  conunitted  no  crimes. 

The  law  provides  for  the  right  to  judicial  determination  of  the  legality  of  deten- 
tion; however,  the  police  may  hold  persons  without  an  arrest  warrant  for  up  to  8 
days,  and  the  courts  may  hold  them  for  up  to  an  additional  8  days  in  court  custody. 
In  many  cases,  the  police  abused  detainees  physically  and  psychologically  during  the 
initial  8-day  period  and  illegally  held  them  incommunicado.  During  the  second  8- 
day  period  a  judge  may,  on  the  basis  of  the  police  investigation,  order  either  the 
formal  arrest  or  the  release  of  the  suspect.  Arbitrary  arrests  are  common,  and  the 
authorities  sometimes  exceed  the  time  limits  for  holding  suspects.  Prison  officials 
often  illegally  demand  payment  from  prisoners  for  transportation  to  judicial  pro- 
ceedings at  which  formal  charges  are  made.  Those  who  are  unable  to  pay  are  often 
forced  to  forgo  their  judicial  hearings. 

In  November  the  DISIP  arbitrarily  detained  eight  Cuban  exiles  at  gunpoint  and 
expelled  them  from  Margarita  Island,  prior  to  the  arrival  of  Cuban  President  Fidel 
Castro  to  attend  an  Ibero-American  summit  meeting.  Information  Minister  Fer- 
nando Egana  later  described  this  "brutal"  raid  as  a  "mistake."  The  police  on  Mar- 
garita Island  also  detained  and  harassed  two  other  anti-Castro  activists  (also  see 
Sections  2.a.  and  2.b.). 

On  October  14,  the  Supreme  Court  ruled  the  1939  Vagrancy  Law  unconstitu- 
tional. The  law  had  permitted  the  detention  for  up  to  5  years,  without  warrant, 
trial,  or  judicial  appeal,  of  people  deemed  by  the  police  to  be  a  danger  to  society 
even  though  there  was  no  evidence  that  they  committed  a  crime.  This  law  was  used 
chiefly  against  people  with  previous  criminal  records  who  were  detained  during  po- 
lice sweeps,  but  also  against  others,  including  squatters  on  public  and  private  land. 

Human  rights  groups  welcomed  the  Court's  decision.  NGO's  asserted  that  the  law 
was  often  used  subjectively  by  the  security  forces  and  state  authorities  to  settle  per- 
sonal scores,  and  that  it  was  also  used  to  target  specific  groups,  including  the  poor, 
S)rostitutes,  and  homosexuals.  When  the  Court's  ruling  took  effect  in  November  upon 
brmal  publication,  over  500  prisoners  were  released  throughout  the  country. 

Forced  exile  is  illegal  and  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial.— -The  civilian  judiciary  is  legally  independent,  but 
judges  are  subject  to  influence  from  a  number  of  sources. 

Tne  iudicial  sector  consists  of  the  Supreme  Court,  which  is  the  court  of  final  ap- 
peal; tne  prosecutor  general,  who  provides  opinions  to  the  courts  on  prosecution  of 
criminal  cases  and  acts  as  public  ombudsman  to  bring  public  employee  misconduct 
or  violations  of  the  constitutional  rights  of  prisoners  or  accused  persons  to  the  atten- 
tion of  the  proper  authorities;  the  Ministry  of  Justice,  which  manages  the  national 
police  force  and  prisons  and  files  complaints  in  criminal  courts;  and  the  Judicial 
Council,  which  oversees  the  lower  courts  as  well  as  the  selection  and  training  of 
judges.  The  lower  court  system  includes  district  and  municipal  courts  as  well  as 
trial  and  appeal  courts  that  deal  with  civil  and  criminal  matters. 

The  law  provides  for  the  right  to  a  fair  trial  and  considers  the  accused  innocent 
until  proven  guilty  in  a  court.  However,  the  presumption  of  innocence  is  ineffective 
in  the  justice  system,  which  is  overburdened  and  inefTicient,  suffers  from  widespread 


671 

corruption,  and  lacks  public  credibility.  Judges  are  underpaid,  poorly  disciplined, 
and  susceptible  to  political  influence.  Tne  judicial  process  is  paper  intensive,  requir- 
ing the  costly  and  time-consuming  production  of  voluminous  reports  at  every  stage 
by  judges,  attorneys,  and  witnesses.  Case  backlogs  and  lengthy  pretrial  detention 
averanrig  4Va  years  are  the  norm. 

On  December  10,  Congress  passed  a  new  Code  of  Criminal  Procedure  that  will 
introduce  for  the  first  time  open,  public  trials  with  oral  proceedings  and  participa- 
tion by  juries.  The  new  adversarial  system  of  justice,  which  eliminates  a  secret  sta^e 
in  the  trial  known  as  "secreto  sumarial,"  is  expected  to  give  practical  effect  to  the 
presumption  of  innocence.  The  code  is  to  take  full  effect  in  July  1999. 

The  law  provides  for  public  defenders  for  those  unable  to  afford  an  attorney,  but 
there  are  not  enough  public  defenders  to  handle  the  caseload.  The  Judicial  Council 
reported  that  there  are  159  public  defense  attorneys  for  the  entire  country. 

Military  courts  can  try  civilians  in  cases  of  armed  subversion  and  whenever 
armed  forces  members  are  involved.  Military  courts  are  subject  to  a  requirement  for 
a  speedy  trial  and  a  statute  of  limitations  similar  to  that  oi  civilian  courts.  Persons 
convicted  by  a  military  court  have  the  same  right  of  appeal  to  the  Supreme  Court 
as  do  those  convicted  by  the  civilian  system.  Military  courts,  however,  are  signifi- 
cantly different  from  civilian  courts  in  that  by  law  the  President  must  review  every 
case  after  the  initial  investigation  stage  and  decide  if  that  case  will  go  to  trial.  In 
addition,  the  Supreme  Court  selects  military  judges  from  a  list  of  candidates  pro- 
vided by  the  Minister  of  Defense,  a  process  that  links  the  careers  of  military  judges 
to  the  high  command.  The  tendency  of  military  judges  to  be  responsive  to  the  views 
of  their  militeiry  leaders,  to  maintain  procedural  secrecy,  and  to  act  slowly  in  high- 
profile  cases  in  which  the  military  is  implicated  make  impartial  or  timely  trials  for 
defendants  unlikely.  As  a  result,  military  offenders  evade  punishment  for 
extrajudicial  killings  and  other  human  rights  abuses. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Con- 
stitutional provisions  prohibit  arbitrary  interference  with  privacy,  family,  home,  and 
correspondence.  However,  from  June  1994  to  July  1995,  tne  Government  suspended 
the  constitutional  protection  of  freedom  from  search  without  a  warrant,  along  with 
other  freedoms.  This  suspension  remained  in  effect  in  some  border  areas  throughout 
1997.  Even  after  reinstatement  of  the  provision  in  urban  areas,  security  forces  often 
conducted  searches  of  homes  without  warrants,  especially  during  anticrime  sweeps 
in  impoverished  neighborhoods.  In  recent  years,  there  have  been  some  complaints, 
especially  by  human  rights  monitors,  of  illegal  wiretapping  by  the  security  forces. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  generally  respects  these  rights  in  practice. 
Individuals  criticize  the  Government  publicly;  however,  there  were  a  few  instances 
of  reprisal.  The  DISIP  searched  the  ouice  of  newspaper  columnist  Alfredo  Pena,  £md 
the  DIM  allegedly  harassed  television  reporter  Jose  Domingo  Blanco.  In  August  the 
military  detained  two  newspaper  reporters  covering  the  Bastardo  kidnaping  (see 
Section  l.d.)  and  allegedly  confiscated  their  work. 

In  November  DISIP  agents  confiscated  the  informational  material  prepared  by 
eight  detained  Cuban  exiles  who  planned  to  distribute  it  at  the  Ibero-American  sum- 
mit conference.  The  material  was  not  returned.  Interior  Minister  Jose  Guillermo 
Andueza  later  promised  that  they  would  be  allowed  to  express  their  views,  and  they 
held  a  press  conference  without  government  interference. 

The  charge  of  criminal  defamation  was  sometimes  used  against  the  media  to  limit 
coverage  of  sensitive  issues.  In  June  after  serving  5  months  of  a  1-year  sentence  for 
criminal  defamation,  William  Ojeda,  the  author  of  the  book  "How  much  does  a  judge 
cost?"  (Cuanto  vale  un  juez?),  a  compilation  of  accusations  of  judicial  corruption,  was 
freed  by  a  presidential  pardon.  In  July  a  criminal  judge  issued  a  restraining  order 
against  the  newspaper  Reporte  Diario  de  la  Economia  to  stop  the  publication  of  any 
information  concerning  the  bank  Banesco  and  its  president.  The  order  was  in  reac- 
tion to  a  defamation  case  brought  by  the  bank  president  against  the  newspaper,  but 
preceded  any  hearing  on  the  merits.  In  July  a  judge  in  Guarenas,  Miranda  state, 
ordered  the  arrest  of  the  publisher  of  the  Caracas  newspaper  El  Mundo,  Luis  Oscar 
Pont,  and  of  one  of  its  editors,  Miguel  Arcangel,  because  a  PTJ  official  had  accused 
them  of  criminal  defamation.  Pont  was  not  detained,  but  Arcangel  spent  6  days  in 
prison  and  was  released  only  on  condition  that  he  not  comment  on  the  case.  Neither 
nad  been  tried  by  year's  end. 

The  print  and  electronic  media  are  independent.  However,  a  1994  law  forbids  per- 
sons without  journalism  degrees  to  practice  the  profession  and  requires  journalists 
to  be  members  of  the  National  College  of  Journalists.  Media  owners,  acting  as  the 


672 

Venezuelan  Press  Bloc,  brought  a  case  to  the  Supreme  Court  in  November  1995 
challenging  the  law  as  a  violation  of  the  freedom  of  expression  provided  for  in  the 
Constitution  and  international  agreements  on  human  rights  that  have  the  force  of 
law.  The  Court  had  not  ruled  by  year's  end. 
The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Government  generally  re- 
spects the  constitutional  provision  for  freedom  of  peaceful  assembly.  Public  meet- 
ings, including  those  of  all  political  parties,  are  generally  held  unimpeded.  The  Gov- 
ernment requires  permits  for  public  marches  but  does  not  deny  them  for  political 
reasons. 

As  in  earlier  years,  some  demonstrations  turned  violent  and  were  quelled  by  secu- 
rity forces.  In  February  about  70  hooded  youths  threw  rocks  at  police  after  the  Fed- 
eral District  governor  turned  down  a  request  by  striking  university  professors  to 
march  from  the  campus  of  the  Central  University  of  Venezuela  to  the  Education 
Ministry.  The  police  responded  with  birdshot,  water  cannons,  and  tear  gas.  The  po- 
lice responded  in  a  similar  fashion  during  an  authorized  march  through  downtown 
Caracas  later  in  the  month  when  some  demonstrators  veered  ofT  the  approved  route, 
approached  the  Capitol,  and  confronted  police.  According  to  PROVEA,  58  people 
were  injured  during  demonstrations  and  151  detained  from  October  1996  through 
September  1997. 

On  November  3,  armed  DISIP  agents  detained  eight  Cuban  exiles  who  had 
planned  a  peaceful  protest  against  Ciiban  President  Fidel  Castro  at  the  Ibero-Amer- 
ican  summit  conference  on  Margarita  Island.  The  authorities  expelled  the  eight  per- 
sons from  the  island  and  confiscated  their  written  material.  President  Caldera  and 
other  government  officials  apologized  for  the  actions  of  the  security  forces.  Interior 
Minister  Andueza  promised  that  they  would  be  allowed  to  express  their  views,  and 
four  members  of  the  group  returned  to  the  island.  The  police  also  detained  and  har- 
assed two  members  of  another  anti-Castro  group  on  Margarita  Island. 

The  Government  respects  the  constitutional  provision  for  freedom  of  association. 
Professional  and  academic  associations  operate  without  interference. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  pro- 
vided that  a  faith  does  not  threaten  public  order  or  violate  good  custom.  The  au- 
thorities generally  respect  this  right  in  practice. 

In  September  the  Government  denied  legal  status  to  the  Unification  Church  of 
Venezuela  because  it  had  sponsored  the  travel  to  Venezuela  of  more  than  100  young 
Japanese  women  who  entered  the  country  without  proper  visas. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  the  right  of  citizens  and  legal  residents 
to  travel  within  the  country  and  to  go  abroad  and  return.  The  Government,  how- 
ever, can  suspend  the  freedom  to  travel,  as  it  did  from  June  1994  to  July  1995.  The 
Government  also  restricts  foreign  travel  for  persons  being  investigated  for  criminal 
activities. 

Venezuela  traditionally  has  been  a  haven  for  refugees,  exiles,  and  displaced  per- 
sons from  many  European,  Caribbean,  and  Latin  American  countries.  The  Govern- 
ment cooperates  with  the  office  of  the  United  Nations  High  Commissioner  for  Refu- 
gees and  other  humanitarian  organizations  in  assisting  refugees.  The  Government 
provides  first  asylum  and  provided  it  to  approximately  20  persons  in  1997. 

There  were  no  reports  of  forced  return  of  persons  to  a  country  where  they  feared 
persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  through  periodic,  free,  and  fair  elections 
neld  on  the  basis  of  universal  suffrage.  An  antiquated  and  inefficient  system  for 
counting  votes,  however,  gives  rise  to  numerous  and,  in  some  cases,  credible  allega- 
tions that  the  political  parties  that  dominate  electoral  councils  commit  fraud. 

In  December  Congress  passed  a  new  election  law  that  contains  three  major  re- 
forms: Removal  of  political  party  representatives  from  all  electoral  organs,  mecha- 
nization of  the  voting  process,  and  prohibition  of  campaign  financing  by  anonymous 
sources.  Most  legislators  from  all  levels  of  government  will  continue  to  be  elected 
from  party  lists  (which,  under  the  new  law,  are  supposed  to  have  at  least  30  percent 
women).  The  top  election  officials,  although  not  party  members,  will  continue  to  be 
selected  by  negotiation  among  the  political  parties  in  Congress. 

Women  and  nonwhites  participate  fully  in  government  and  politics  but  remain 
underrepresented  in  senior  leadership  positions.  A  bicameral  Congressional  Com- 
mittee for  Women's  Rights  focused  on  promoting  political  office-holding  opportuni- 


673 

ties  for  women.  Women  hold  13  seats  as  Deputies  in  the  209-member  lower  house 
of  Congress,  4  seats  in  the  52-person  Senate,  and  2  of  27  ministerial  positions. 

Indigenous  people  traditionally  have  not  been  fully  integrated  into  the  political 
system  due  to  their  limited  knowledge  of  politics,  low  voter  turnout,  geographic  iso- 
lation, and  lesser  economic  and  educational  opportunities.  Few  indigenous  people 
are  in  the  Government,  and  only  one  is  in  Congress  as  an  alternate  deputy. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  wide  variety  of  human  rights  groups  generally  operate  without  government  re- 
striction, investigating  and  publishing  their  findings  on  human  rights  cases.  Both 
international  and  local  human  rights  organizations  were  provided  ready  access  to 
the  prison  system.  However,  government  officials  were  critical  of  some  human  rights 
groups,  accusing  them  of  seeking  to  discredit  the  State  and  undermine  the  country's 
imeige. 

Amazonas  state  deputies  and  political  party  leaders  criticized  the  human  rights 
office  of  the  Apostolic  Vicariate  of  Puerto  Ayacucho,  which  defends  the  rights  of  the 
indigenous  communities,  for  waging  a  successful  court  challenge  to  the  state  politi- 
cal boundary  law.  Vandals  damaged  Vicariate  property  in  what  the  office  believes 
was  an  intimidation  campaign  by  anti-indigenous  elements  in  the  state.  When  a 
lawyer  in  the  Vicariate's  oflice  asked  the  state  police  commandant  to  investigate  an 
alleged  extrajudicial  killing,  the  local  prosecutor  filed  a  criminal  charge  of  "usurpa- 
tion of  fiinctions"  against  the  office  and  the  lawyer.  In  June,  more  than  6  months 
after  the  filing,  the  Superior  Court  of  Puerto  Ayacucho  dismissed  the  usurpation 
case. 

In  July  the  Government  held  its  first  formal  meeting  with  NGO's  to  be^n  to  for- 
mulate a  national  human  rights  agenda.  The  Interior,  Justice,  and  Family  Ministers 
took  an  active  part  in  the  discussion  of  some  40  proposals  dealing  with  preventive 
detention,  prison  conditions,  and  other  human  rights  problems.  The  Interior  Min- 
ister announced  the  creation  of  a  National  Police  Committee  to  monitor  police  con- 
duct, receive  complaints,  and  ensure  implementation  of  disciplinary  measures.  In 
September  the  Minister  of  Defense  created  a  human  rights  ofiice  to  promote  respect 
for  human  rights  in  the  armed  forces. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  discrimination  based  on  ethnic  origin,  sex,  or  disability.  The 
Government,  however,  does  not  adequately  safeguard  the  rights  of  indigenous  peo- 
ple, protect  women  against  societal  and  domestic  violence,  and  ensure  disabled  peo- 
ple access  to  jobs  and  public  services.  Very  few  resources  are  devoted  to  children's 
welfare;  young  delinquents  are  locked  in  institutions  that  are  unsafe. 

Women. — Women  face  substantial  institutional  and  societal  prejudice  with  resp)ect 
to  rape  and  domestic  violence.  The  law  makes  rape  extremely  difficult  to  prove,  re- 
quiring at  a  minimum  medical  examination  within  48  hours  of  the  violation.  A  pro- 
vision in  the  Penal  Code  provides  that  anyone  guilty  of  rape  will  not  be  punished 
if,  before  sentencing,  he  marries  the  victim.  Few  police  officers  are  trained  to  deal 
responsibly  with  rape  victims.  A  total  of  7,561  sexual  assaults,  including  rape,  were 
reported  to  the  authorities  in  1996.  Women's  organizations,  however,  assert  that 
such  figures  are  very  low  and  do  not  accurately  portray  the  problem  of  rape  and 
sexual  assault.  They  claim  that  many  victims  do  not  report  tne  incident  or  press 
charges  due  to  societal  pressure  and  their  own  feelings  of  guilt. 

Domestic  violence  against  women  is  very  common  and  has  been  aggravated  by  the 
country's  economic  difiiculties.  According  to  local  monitors,  the  police  are  generally 
unwilling  to  intervene  to  prevent  domestic  violence,  and  the  courts  rarely  prosecute 
those  accused  of  such  abuse.  In  addition,  poor  women  are  generally  unaware  of  legal 
remedies  and  have  little  access  to  them. 

Women  and  men  are  legally  equal  in  marriage.  Women  account  for  roughly  half 
the  student  body  of  most  universities,  have  advanced  in  many  professions,  including 
medicine  and  law,  and  have  gradually  surmounted  many  of  tne  barriers  to  their  full 
participation  in  political  and  economic  life.  Nonetheless,  women  are  still  underrep- 
resented  in  the  higher  ranks  of  labor  unions  and  private  industry. 

The  Labor  Code  specifies  that  employers  must  not  discriminate  against  women 
with  regard  to  pay  or  working  conditions,  must  not  fire  them  during  pregnancy  and 
for  a  year  after  giving  birth,  must  grant  them  unpaid  leave  and  benefits  for  6  weeks 
before  the  birth  of  a  child  and  12  weeks  after,  and  must  provide  them  with  10  weeks 
of  unpaid  leave  if  they  legally  adopt  children  under  3  years  of  age.  According  to  the 
Ministry  of  Labor  and  the  major  labor  federation,  these  regulations  are  enforced  in 
the  formal  sector,  although  social  security  payments  are  often  delayed. 


674 

The  National  Women's  Council,  an  agency  of  the  Presidency  with  representation 
from  the  Ministries  of  Justice,  Education,  Family,  Health,  and  Labor,  in  1996  pre- 
pared a  manual  on  violence  against  women  and  children,  which  includes  informa- 
tion on  where  the  victims  mi^t  obtain  assistance.  There  are  a  number  of  NGO's 
concerned  with  domestic  violence,  sex  education,  and  economic  discrimination.  The 
recommendations  of  these  groups,  however,  have  not  been  widely  implemented  by 
the  police  and  other  concerned  governmental  agencies. 

Children. — The  Government  scaled  back  its  expenditure  on  education,  health,  and 
social  services.  While  the  law  provides  for  universal  free  education,  primary  and  sec- 
ondary education  is  chronically  underfunded.  Basic  education  fell  from  20  percent 
of  the  Ministry  of  Education  budget  in  1989  to  7.5  percent  in  1994.  FuUy  a  third 
of  the  budget  during  that  period  was  dedicated  to  post-secondary  education.  In  addi- 
tion, a  large  number  of  children  are  not  eligible  to  receive  government  assistance, 
including  public  education,  because  their  birtn  is  not  properly  documented. 

According  to  a  study  by  two  reputable  NGO's,  one  in  four  children  is  malnour- 
ished. The  incidence  of  diarrhea-related  and  respiratory  illnesses,  caused  in  part  by 
poor  sanitation  and  chronic  malnutrition,  has  increased  slightly  over  the  last  dec- 
ade. Such  preventable  diseases  are  leading  causes  of  infant  mortality. 

An  increase  in  poverty  has  raised  the  level  of  stress  within  families  and  led  to 
a  rise  in  the  number  of  abandoned  children  and  to  more  child  abuse.  A  survey  by 
the  National  Institute  for  Minors  determined  that  206,000  children  were  involved 
in  illicit  activities,  principally  begging  but  also  petty  theft,  prostitution,  and  drug 
trafficking.  Some  40,000  cnildren  were  exploited  sexually,  according  to  a  1994  study. 
There  were  also  reports  of  trafficking  in  children  from  other  South  American  coun- 
tries to  work  in  Caracas  as  street  vendors  and  housemaids. 

The  authorities  in  Caracas  and  several  other  jurisdictions  tried  to  cope  with  the 
phenomenon  of  street  children  by  imposing  curfews  for  unsupervised  minors.  Chil- 
dren's ri^ts  advocates  claim  that  curfews  permit  the  police  to  act  arbitrarily  in  de- 
taining persons  who  have  committed  no  crime.  Because  reform  institutions  are  filled 
to  capacity,  hundreds  of  children  accused  of  infractions  are  confined  in  jails  where 
they  are  crowded  into  small,  filthy  cells,  fed  only  once  a  day,  and  sleep  on  bare  con- 
crete floors. 

Amnesty  International  reported  deficiencies  in  law  and  practice  with  regard  to  the 
detention  of  children.  In  particular,  the  1980  Minors'  Protection  Act  requires  them 
to  be  brought  before  a  judge  with  8  days  of  detention,  but  this  may  be  extended  to 
3  months.  In  addition,  security  forces  and  law  enforcement  authorities  often  detain 
children  together  with  adults. 

Reports  of  child  abuse  are  rare  due  to  a  fear  of  entanglement  with  the  authorities 
and  ingrained  attitudes  regarding  family  privacy.  The  overburdened  judicial  system, 
although  very  slow,  generally  ensures  that  in  most  situations  children  are  removed 
from  abusive  households  once  a  case  has  been  reported.  Public  facilities  for  such 
children,  however,  are  inadequate  and  have  poorly  trained  staff. 

People  With  Disabilities. — The  physically  disabled  have  minimal  access  to  public 
transportation,  and  ramps  are  practically  nonexistent,  even  in  government  build- 
ings. According  to  local  advocates,  the  disabled  are  discriminated  against  in  many 
sectors,  including  education,  health  care,  and  employment. 

In  1993  the  Government  passed  the  first  comprehensive  law  to  protect  the  rights 
of  the  disabled.  That  law  requires  that  all  newly  constructed  or  renovated  public 
parks  and  buildings  provide  access  for  the  disabled.  Among  other  important  provi- 
sions, the  law  forbids  discrimination  in  employment  practices  and  in  the  provision 
of  public  services.  However,  the  Government  did  not  make  a  significant  effort  to  im- 
plement the  new  law,  to  inform  the  public  of  it,  or  to  try  to  change  societal  prejudice 
against  the  disabled. 

Indigenous  People. — Although  the  law  prohibits  discrimination  based  on  ethnic  or- 
igin, members  of  the  country's  indigenous  population  frequently  suffer  from  inatten- 
tion to  and  violation  of  their  human  rights.  Many  indigenous  people  live  isolated 
from  modem  civilization  and  lack  access  to  basic  health  and  eaucational  facilities. 
High  rates  of  cholera,  hepatitis-B,  malaria,  and  other  diseases  plague  their  commu- 
nities. There  are  about  316,000  indigenous  people  comprising  28  ethnic  groups,  ac- 
cording to  a  special  1992  census. 

The  Constitution  provides  for  special  laws  governing  "the  protection  of  indigenous 
communities  and  their  progressive  incorporation  into  the  life  of  the  nation."  None- 
theless, local  political  authorities  seldom  take  account  of  the  interests  of  indigenous 
people  when  making  decisions  affecting  their  lands,  cultures,  traditions,  and  alloca- 
tion of  natural  resources.  As  farmers  and  miners  intrude  on  their  habitat,  indige- 
nous communities  are  threatened  by  deforestation  and  water  pollution.  Few  indige- 
nous people  hold  title  to  their  land. 


675 

In  May  the  President  issued  a  decree  permitting  expansion  of  legal  mining  activi- 
ties in  tne  3.6  million  hectaire  Imataca  Forest  Reserve,  located  in  an  area  plagued 
by  illegal  mining  and  land  invasion.  Environmental  and  indigenous  organizations 
filed  suit  challenging  the  decree  in  the  Supreme  Court  on  the  grounds  that  only 
Congress  can  diange  the  nature  of  the  reserve,  that  there  was  an  inadequate  public 
review  process  prior  to  the  change,  and  that  expanded  mining  activities  would  ad- 
versely affect  the  health  of  the  Warao,  Arawako,  Karina,  Akawaio,  and  Pemon  in- 
digenous communities  that  inhabit  the  Imataca  watershed  area.  Supporters  of  the 
decree  contend  that  regulated  mining  would  provide  significant  export  and  tax  reve- 
nue while  reducing  the  environmental  damage  and  abuse  of  indigenous  residents 
caused  by  illegal  mining.  In  November  the  Supreme  Court  ordered  the  Government 
not  to  issue  any  new  mining  concessions  in  the  Imataca  reserve  until  the  Court 
ruled  on  the  constitutionality  of  the  presidential  decree. 

In  July  a  judge  in  Puerto  Ayacucho  ruled  that  some  80  to  200  nonindigenous  fam- 
ilies farming  in  an  area  traditionally  inhabited  by  the  Piaroa  and  Guajibo  indige- 
nous groups  in  Amazonas  state  must  cease  all  agricultural  activity  pending  an  envi- 
ronmental impact  assessment.  According  to  human  rights  activists,  many  farmers 
did  not  comply  with  the  order. 

The  Yanomami,  among  the  most  isolated  of  the  indigenous  people,  have  been  sub- 
ject to  persistent  incursions  into  their  territory  by  illegal  gold  miners.  The  miners 
nave  not  only  introduced  new  diseases  but  social  ills  as  well.  In  December  1996,  a 
number  of  human  rights  organizations,  acting  on  behalf  of  the  Yanomami  commu- 
nity of  Haximu,  petitioned  the  lACHR  in  connection  with  the  1993  massacre  of  16 
members  of  the  community  by  Brazilian  miners.  The  petition  alleges  that  the  Gov- 
ernment failed  in  its  obligation  to  protect  the  Yanomami  and  to  seek  appropriate 
punishment  of  the  killers,  who  were  released  by  the  Brazilian  authorities  after  3 
months'  detention.  The  last  major  operation  to  dislodge  illegal  miners  was  conducted 
in  August  and  September  1996;  about  80  miners  were  arrested,  but  several  hundred 
more  were  believed  to  be  still  operating. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Both  the  Constitution  and  labor  law  recognize  and 
encourage  the  right  of  unions  to  organize.  The  comprehensive  1990  Labor  Code  ex- 
tends to  aU  private  sector  and  public  sector  employees  (except  members  of  the 
armed  forces)  the  right  to  form  and  join  unions  of  their  choosing.  The  Code  man- 
dates registration  of  unions  with  the  Ministry  of  Labor,  but  it  reduces  the  Ministry's 
discretion  by  specifying  that  registration  may  not  be  denied  if  the  proper  documents 
(a  record  of  the  founding  meeting,  the  statutes,  and  the  membership  list)  are  sub- 
mitted. Only  a  judge  may  dissolve  a  union,  and  then  only  for  reasons  listed  in  the 
law,  such  as  the  dissolution  of  a  firm  or  by  agreement  of  two-thirds  of  the  member- 
ship. 

One  major  union  confederation,  the  Venezuelan  Confederation  of  Workers  (CTV), 
and  three  small  ones,  as  well  as  a  number  of  independent  unions,  operate  freely. 
About  25  percent  of  the  national  labor  force  is  unionized.  The  CTV's  top  leadership 
includes  members  of  several  political  parties.  The  majority  are  affiliated  with  the 
country's  largest  party,  Democratic  Action  (AD).  The  CTV  and  the  AD  exercise  re- 
ciprocal influence  on  each  other. 

The  law  recognizes  the  right  of  public  and  private  sector  employees  to  strike. 
However,  public  servants  may  exercise  it  only  if  it  does  not  cause  "irremediable 
damage  to  the  population  or  to  institutions."  The  Labor  Code  allows  the  President 
to  order  public  or  private  sector  strikers  back  to  work  and  to  submit  their  dispute 
to  arbitration  if  the  strike  "puts  in  immediate  danger  the  lives  or  security  of  all  or 
part  of  the  population."  During  1997  most  strikes  occurred  among  government  em- 
ployees such  as  university  professors,  teachers,  judicial  workers,  telephone  workers, 
and  physicians  in  public  hospitals  and  clinics,  who  began  their  month-long  strike 
in  December  1996.  In  addition,  there  was  a  nationwide  work  stoppage  by  both  pub- 
lic and  private  sector  workers  on  August  6  to  protest  a  gasoline  price  increase  and 
delays  in  expected  private  sector  salary  increases. 

There  are  no  restrictions  on  affiliation  with  international  labor  organizations,  and 
many  union  organizations  are  active  internationally. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Code  protects  and 
encourages  collective  bargaining,  which  is  freely  practiced.  According  to  the  code, 
employers  must  negotiate  a  collective  contract  with  the  union  that  represents  the 
majority  of  their  workers.  The  code  also  contains  a  provision  stating  that  wages  may 
be  raised  by  administrative  decree,  provided  that  the  Congress  approves  the  decree. 
The  law  prohibits  employers  from  interfering  with  the  formation  of  unions  or  with 
their  activities  and  from  stipulating  as  a  condition  of  employment  that  new  workers 
must  abstain  from  union  activity  or  must  join  a  specified  union.  Ministry  of  Labor 


676 

inspectors  hear  complaints  regarding  violations  of  these  regulations,  and  can  impose 
a  maximum  fine  of  twice  the  minimum  monthly  wage  for  a  first  infraction.  Under 
the  code,  union  officials  enjoy  special  protection  from  dismissal.  If  a  judge  deter- 
mines that  any  worker  was  nrea  for  union  activity,  the  worker  is  entitled  to  back 
pay  plus  either  reinstatement  or  payment  of  a  substantial  sum  of  money,  which  var- 
ies according  to  his  years  of  seniority. 

Labor  law  and  practice  is  the  same  in  the  sole  export  processing  zone  as  in  the 
rest  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Labor  Code  states  that  no  one 
may  "obligate  others  to  work  against  their  will."  However,  there  were  credible  re- 
ports of  prison  labor  being  administratively  imposed  on  persons  detained  under  the 
Vagrancy  Law.  Apart  from  the  general  prohibition  of  compulsory  labor,  the  law  does 
not  specifically  prohibit  forced  and  bonaed  labor  by  children,  but  such  practices  are 
not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The 
Labor  Code  and  the  Tutelary  Law  for  Minors  contain  provisions  to  protect  children 
from  exploitation  in  the  workplace.  Apart  from  the  general  prohibition  of  compulsory 
labor,  tne  law  does  not  specifically  prohibit  forced  and  bonaed  labor  by  children,  but 
such  practices  are  not  known  to  occur  (see  Section  6.c.). 

The  Ministry  of  Labor  and  the  National  Institute  for  Minors  enforce  child  labor 
policies  effectively  in  the  formal  sector  of  the  economy  but  much  less  so  in  the  infor- 
mal sector,  which  accounts  for  the  vast  majority  of  child  laborers.  A  plan  formulated 
by  the  National  Institute  for  Minors  in  1996  to  reach  and  better  protect  children 
working  in  the  informal  sector  was  not  implemented  because  of  a  lack  of  funding. 

r*rimary  school  education  is  compulsory,  free,  and  universal.  However,  64  percent 
of  children  leave  school  before  the  ninth  grade.  In  a  1996  survey  of  working  cmldren 
conducted  by  the  National  Institute  for  Minors,  45  percent  of  those  polled  said  they 
were  not  in  school.  The  actual  figure  is  probably  much  higher  considering  that  those 
who  said  they  attended  school  also  reported  that  they  worked  on  average  7Vi  hours 
a  day  4  to  7  days  a  week. 

The  Labor  Code  allows  children  between  the  ages  of  12  and  14  years  to  work  only 
if  the  National  Institute  for  Minors  or  the  Labor  Ministry  grants  special  permission. 
It  states  that  children  between  the  ages  of  14  and  16  years  may  not  work  without 
permission  from  their  legal  guardians.  Minors  may  not  work  in  mines  or  smelters, 
m  occupations  that  risk  life  or  health,  that  could  damage  intellectual  or  moral  devel- 
opment, or  in  public  spectacles. 

Those  under  16  years  of  age  must  by  law  work  no  more  than  6  hours  a  day  or 
30  hours  a  week.  Minors  under  the  age  of  18  years  may  work  only  during  the  hours 
between  6  a.m.  and  7  p.m.  The  estimated  1.2  million  children  who  work  in  the  infor- 
mal sector,  mostly  as  street  vendors,  generally  work  more  hours  than  the  total  per- 
mitted under  the  law.  In  the  National  Institute  for  Minors  1996  survey  of  worlcing 
children,  half  the  children  worked  both  morning  and  afternoon,  and  64.5  percent 
worked  6  or  7  days  a  week. 

e.  Acceptable  Conditions  of  Work. — The  monthly  minimum  wage  was  $149  (74,640 
bolivars)  in  the  private  sector  for  urban  workers  and  $136  (67,940  bolivars)  for  rural 
workers  effective  in  May.  Total  take-home  pay  in  the  public  sector,  the  product  of 
collective  bargaining,  was  at  least  equal  to  tnat  received  by  private  sector  minimum 
wage  workers.  Fringe  benefits  are  added  to  these  minimum  figures;  they  vary  with 
the  workers'  individual  circumstances,  but  in  general  increase  wages  by  about  one- 
third.  However,  even  with  these  benefits,  the  minimum  wage  is  not  sufficient  to  pro- 
vide a  decent  standard  of  living  for  a  worker  and  family.  Unions  point  out  that  a 
worker's  income  is  often  less  than  the  cost  of  a  family's  basic  food  basket,  estimated 
by  the  Government  at  year's  end  at  $192  (95,938  bolivars).  The  law  excludes  only 
domestic  workers  and  concierges  from  coverage  under  the  minimum  wage  decrees. 
Under  the  Labor  Code,  the  rates  are  set  by  administrative  decree,  which  Congress 
may  either  suspend  or  ratify  but  may  not  change.  The  Ministry  of  Labor  enforces 
minimum  wage  rates  effectively  in  the  formal  sector  of  the  economy  but  generally 
does  not  enforce  them  in  the  informal  sector. 

The  1990  Labor  Code  reduced  the  standard  workweek  to  a  maximum  of  44  hours, 
and  requires  2  "complete  days  of  rest  each  week."  Some  unions,  such  as  the  petro- 
leum workers,  have  negotiated  a  40-hour  week.  Overtime  may  not  exceed  2  hours 
daily,  10  hours  weekly,  or  100  hours  annually,  and  may  not  be  paid  at  a  rate  less 
than  time  and  a  half.  The  Ministry  of  Labor  eflectively  enforces  these  standards  in 
the  formal  sector. 

The  authorities  have  yet  to  promulgate  regulations  to  implement  the  1986  Health 
and  Safety  Law,  which  is  not  enforced.  The  delay  is  due  largely  to  concern  that  the 
law  provides  penal  sanctions  against  management  when  violations  of  health  and 
safety  occur  and  to  ambiguity  in  the  law  over  what  constitutes  a  violation.  The 


677 

Labor  Code  states  that  employers  are  obligated  to  pay  specified  amounts  (up  to  a 
maximum  of  25  times  the  minimum  monthly  salary)  to  workers  for  accidents  or  oc- 
cupational illnesses,  regardless  of  who  is  responsible  for  the  injury. 

It  also  requires  that  workplaces  maintain  "sufficient  protection  for  health  and  life 
against  sicknesses  and  acciaents,"  and  it  imposes  fines  of  from  one-quarter  to  twice 
the  minimum  monthly  salary  for  first  infractions.  In  practice,  however,  unsafe  job 
sites  are  seldom  closed  down  by  Ministry  of  Labor  inspectors.  Under  the  law,  woric- 
ers  can  remove  themselves  from  dangerous  workplace  situations  without  jeopardy 
to  continued  employment. 


i 


EAST  ASIA  AND  THE  PACIFIC 


AUSTRALIA 


Australia  has  a  federal  system  of  government  and  a  long  history  as  a  multiparty 
parliamentary  democracy.  The  judiciary  is  independent. 

Federal,  state,  and  local  police  are  under  the  firm  control  of  the  civilian  authori- 
ties and  carry  out  their  functions  in  accordance  with  the  law.  There  were  occasional 
reports  that  police  committed  abuses. 

A  highly  developed  economy,  which  includes  manufacturing,  mining,  agriculture, 
and  services,  provides  most  citizens  with  a  high  per  capita  income.  A  wide  range 
of  government  programs  offers  assistance  for  disadvantaged  citizens. 

The  Government  respects  the  human  rights  of  its  citizens,  and  the  law  and  judici- 
ary provide  effective  means  of  dealing  with  individual  instances  of  abuse.  There 
were  occasional  reports  that  police  beat  or  otherwise  abused  persons.  The  Govern- 
ment administers  many  programs  to  improve  the  socioeconomic  conditions  of  Aborig- 
ines and  Torres  Straits  Islanders,  who  together  form  about  2  percent  of  the  popu- 
lation, and  to  address  longstanding  discrimination  against  them.  Societal  discrimi- 
nation and  violence  against  women  are  problems  which  are  being  actively  ad- 
dressed. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — ^There  were  no  reports  of  political 
killings  by  government  oflicials.  However,  persons  died  in  custody  or  during  police 
attempts  to  detain  them  (see  Section  I.e.). 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  all  such  practices.  However,  police  commonly  mistreat  indigenous 
people  (see  Section  5).  Amnesty  International  reported  several  incidents  that  in- 
volved such  abuses.  In  one  case  in  1996,  an  Aboriginal  woman  who  was  a  rape  vic- 
tim was  held  in  custody  for  15  hours  and  denied  medical  treatment.  State  ana  terri- 
torial police  forces  have  internal  affairs  units  that  investigate  allegations  of  abuse 
and  report  to  a  civilian  ombudsman. 

During  a  12-month  reporting  period  ending  in  July,  17  Aboriginal  people  were  re- 
ported to  have  died  in  custody  or  during  police  attempts  to  detain  them.  The  total 
was  21  for  1995-1996.  Aborigines  account  for  20  percent  of  such  deaths,  while  con- 
stituting 2  percent  of  the  population.  Aboriginal  people  are  imprisoned  at  a  rate  18 
times  that  of  the  general  population. 

Prison  conditions  meet  minimum  international  standards,  and  the  (jovemment 
permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest,  deten- 
tion, or  exile,  and  the  government  observes  this  prohibition. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  executive  and  legislative  branches  respect  its  provisions. 

There  is  a  well-developed  system  of  federal  and  state  courts,  with  the  High  Court 
at  its  apex.  Almost  all  criminal  trials  are  conducted  by  courts  established  under 
state  and  territorial  legislation.  The  Federal  Court  and  the  High  Court  have  very 
limited  roles  to  play. 

The  law  provides  for  the  right  to  a  fair  trial  and  an  independent  judiciary  vigor- 
ously enforces  this  right. 

When  trials  are  conducted  in  local  courts,  the  magistrates  sit  alone.  In  higher 
courts,  namely  the  state  district  or  county  courts  and  the  state  or  territorial  su- 
preme courts,  trials  are  usually  conducted  by  judge  and  jury.  The  jury  decides  on 
the  facts  and  verdict  after  a  trial  conducted  by  a  judge. 

There  were  no  reports  of  political  prisoners. 

(679) 


45-909    98-23 


680 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The  law 
prohibits  such  practices,  government  authorities  generally  respect  these  prohibi- 
tions, and  violations  are  subject  to  efTective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^Australia  does  not  have  a  bill  of  rights.  In  two 
decisions  the  High  Court  has  indicated  that  freedom  of  political  discourse  is  implied 
in  the  Constitution.  The  Government  respects  these  rights  in  practice.  An  independ- 
ent press,  an  effective  judiciary,  and  a  functioning  democratic  political  system  com- 
bine to  ensure  freedom  of  speech  and  of  the  press,  including  academic  freedom, 

b.  Freedom  of  Peaceful  Assembly  and  Association. — ^Although  these  rights  are  not 
codiiled  in  law,  citizens  exercise  them  without  government  restriction. 

c.  Freedom  of  Religion. — ^The  Constitution  provides  for  freedom,  of  religion  and  the 
Government  respects  this  right  in  practice.  A  provision  of  the  Constitution  precludes 
the  adoption  of  a  state  religion.  Minority  religions  are  given  equad  rights  to  land, 
status  and  building  of  places  of  worship. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice. 

The  Government  encourages  migration  to  Australia  by  skiUed  migrants,  family 
members,  and  refugees. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees.  There  is  no  provi- 
sion for  first  asylum.  The  Government  either  grants  a  protection  visa,  with  full  resi- 
dence and  employment  rights,  or  refuses  it,  with  no  in-between  measures.  The  Gov- 
ernment has  continued  to  repatriate  forcibly  individuals  who  it  has  determined  do 
not  have  a  valid  claim  to  refugee  status  to  accordance  with  relevant  United  Nations 
convention  definitions.  Human  rights  and  refugee  advocacy  groups  maintain  that 
the  Government's  refugee  and  asylum  adjudication  process  is  applied  inconsistently. 

Under  the  Migration  Reform  Act  of  1994,  asylum-seekers,  who  arrive  at  the  bor- 
der without  prior  authorization  to  enter  the  country,  are  automatically  detained,  but 
may  be  released  from  detention  if  they  meet  certain  criteria — including  age,  ill- 
he^th,  and  experiences  of  torture  or  other  trauma.  The  majority  of  asylum-seekers 
are  detained  for  the  duration  of  the  often-prolonged  asylum  process.  TTie  detention 
policy  has  led  to  extensive  litigation  initiated  by  human  ri^ts  and  refugee  advocacy 
groups,  which  charge  that  the  sometimes  lengthy  detentions  violate  the  human 
rights  of  the  asylum  seekers. 

In  1996-97,  Australia  accepted  73,900  migrants,  with  11,903  admitted  under  the 
humanitarian  program,  which  accepts  refugees  and  those  in  refugee-like  situations 
in  urgent  need  of  resettlement.  This  figure  included  2,251  persons  already  in  Aus- 
tralia who  were  granted  refugee  status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage  and  mandatory  voting.  In  March 
1996,  voters  ended  13  years  of  Labor  Party  government  at  the  federal  level  by  elect- 
ing a  Liberal-National  Party  coalition  Government. 

No  legal  impediments  exist  to  prevent  women  and  indigenous  people  from  holding 
public  office.  However,  historical  patterns  of  bias  against  women  have  contributed 
to  their  underrepresentation  in  government  and  politics.  Approximately  22  percent 
of  federal  parliamentarians  are  women.  The  percentage  increased  from  14  percent 
as  a  result  of  the  1996  election.  The  Government  and  the  opposition  have  both  de- 
clared their  intent  to  increase  the  numbers  of  women  elected  to  public  office. 

The  deleterious  effects  of  poor  educational  achievement  and  a  generally  inferior 
socioeconomic  status  have  contributed  significantly  to  the  underrepresentation  of 
Aboriginals  among  political  leaders.  There  are  no  Aboriginal  Members  of  Par- 
liament. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  wide  variety  of  human  rights  groups  operate  without  government  restriction 
(and  in  some  instances  with  government  funding),  investigating  and  publishing 
their  findings  on  human  rights  cases.  Government  officials  cooperate  and  respond 
to  their  views. 


681 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  discrimination  based  on  these  factors,  and  the  Government  and 
an  independent  judiciary  vigorously  enforce  the  prohibition. 

In  July  the  Human  Rights  and  Equal  Opportunity  Commission  awarded  a  record 
$38,460  (A$55,000)  to  a  Ugandan-bom  factory  worker  whose  company  failed  to  pro- 
tect him  from  racial  taunts  at  his  workplace. 

Women. — Social  analysts  and  commentators  estimate  that  domestic  violence  may 
aflect  as  many  as  one  family  in  three  or  four.  Wife  beating  is  particularly  prevalent 
in  certain  Aboriginal  communities.  The  Government  recognizes  that  domestic  vio- 
lence and  economic  discrimination  are  serious  problems  and  the  statutorily  inde- 
pendent Sex  Discrimination  Conunissioner  actively  addresses  these  and  other  areas 
of  discrimination.  Government  statisticians  state  that,  because  of  underreporting 
and  the  lack  of  an  agreed  method  for  collecting  statistics,  it  is  impossible  to  provide 
an  accurate  national  profile  of  the  number  of  women  who  are  victims  of  domestic 
violence. 

In  1992  Australia's  High  Court  made  sterilization  of  retarded  women  and  girls  il- 
legal if  not  medically  required,  unless  permission  was  granted  by  a  court  or  tribu- 
ntu.  In  December,  however,  a  report  commissioned  by  the  federal  Human  Rights  and 
Equal  Opportunity  Commission  was  released  that  reported  that,  since  permission 
has  been  granted  only  17  times,  surgeons  in  the  public  health  system  had  illegally 
sterilized  more  than  1,000  retarded  women  and  girls  since  1992.  The  report  added 
that  the  real  figure  might  be  several  times  higher,  since  the  data  did  not  included 

eatients  whose  sterilization  was  concealed  by  being  listed  as  another  operation.  The 
[ealth  Ministry  responded  that  the  figure  was  too  nigh,  and  that  the  actual  number 
of  cases  was  one-fourth  or  one-fifth  of  that  total. 

Women  have  equal  status  under  the  law,  and  the  law  provides  for  pay  equity. 
There  are  highW  organized  and  effective  private  and  public  women's  rignts  organi- 
zations at  Une  federal,  state,  and  local  levels.  There  is  a  federal-level  Ofiice  of  the 
Status  of  Women  that  monitors  women's  rights.  The  federal  Sex  Discrimination 
Commissioner  receives  complaints  and  attempts  to  resolve  those  that  are  deemed 
valid.  A  1994  U.N.  report  estimated  that  women  receive  approximately  90  percent 
of  wages  paid  to  men  for  substantially  similar  work. 

Chudren. — The  Government  demonstrates  its  strong  commitment  to  children's 
rights  and  welfare  through  its  well-funded  systems  ol^public  education,  day  care, 
and  medical  care.  The  Government  recently  decided  to  remove  subsidies  to  children 
under  the  age  of  18. 

The  federal  Human  Rights  and  Equal  Opportunity  Commission  receives  com- 
plaints and  attempts  to  resolve  those  it  finds  valid.  Similarly,  the  six  states  and  two 
territories  investigate  complaints  of  neglect  or  child  abuse  and  institute  practical 
metisures  aimed  at  protecting  the  child  when  such  complaints  prove  founded.  The 
Government  has  enacted  strict  legislation  aimed  at  restricting  the  trade  in,  and  pos- 
session of,  child  pornography,  and  which  further  allows  suspected  pedophiles  to  be 
tried  in  Australia  regardless  of  where  the  crime  was  committed.  There  is  no  societal 
pattern  of  abuse. 

People  With  Disabilities. — Legislation  prohibits  discrimination  against  disabled 
persons  in  employment,  education,  or  other  state  services.  The  Disaoility  Discrimi- 
nation Commissioner  promotes  convpliance  with  federal  laws  prohibiting  discrimina- 
tion against  disabled  persons.  The  Commissioner  also  promotes  energetic  implemen- 
tation and  enforcement  of  state  laws  that  require  equal  access  and  otherwise  protect 
the  rights  of  disabled  persons. 

There  is  no  federal  legislation  mandating  the  uniform  provision  of  accessibility  for 
the  disabled.  It  is  lawful  to  deny  employment  or  services  to  those  with  disabilities 
if  there  are  reasonable  grounds  for  believing  that  the  disabled  person  would  be  un- 
able to  carry  out  the  work  or  would  require  the  employer  or  service  provider  to  fur- 
nish services  or  facilities  that  could  not  reasonably  be  provided. 

Indigenous  People. — The  Racial  Discrimination  Act  of  1975  prohibits  discrimina- 
tion on  grounds  of  race,  color,  descent,  or  national  or  ethnic  origin.  The  Ministry 
for  Abon^al  Affairs,  in  coniunction  with  the  Aboriginal  and  Torres  Straits  Islander 
Commission  (ATSIC),  has  the  main  responsibility  for  initiating,  coordinating,  and 
monitoring  all  governmental  efforts  to  improve  the  quality  of  life  of  indigenous  peo- 
ple. A  wide  variety  of  government  initiatives  and  programs  seek  to  improve  all  as- 
pects of  Aboriginal  and  Torres  Straits  Islander  life. 

In  practice,  however,  indigenous  Australians  continue  to  experience  significantly 
higher  rates  of  imprisonment,  inferior  access  to  medical  and  educational  institu- 
tions, greatly  reduced  life  expectancy  rates,  elevated  levels  of  unemployment,  and 
general  discrimination,  which  contribute  to  an  overwhelming  feeling  of*^  powerless- 
ness. 


682 

NationaUy,  indigenous  people  are  imprisoned  at  18  times  the  rate  of  nonindige- 
nous  people.  Over  45  percent  of  Aboriginal  men  between  the  ages  of  20  and  30  years 
have  been  arrested  at  some  time  in  their  lives.  The  prison  incarceration  rate  for  in- 
digenous juvenile  offenders  is  21  times  that  of  nonindigenous  juveniles.  Indigenous 
groups  claim  that  the  Government's  lack  of  response  to  a  series  of  recommendations 
by  the  1991  Royal  Commission  into  Aboriginal  Deaths  in  Custody  contributes  to 
these  disturbing  statistics.  Human  rights  observers  claim  that  socioeconomic  condi- 
tions give  rise  to  the  common  precursors  of  indigenous  crime,  e.g.  unemployment, 
homelessness,  and  boredom. 

Indigenous  groups  charge  that  police  harassment  of  indigenous  jjeople  is  pervasive 
and  that  racial  discrimination  among  police  and  prison  custodians  persists.  A 
human  rights  delegation  that  visited  Australia  in  1996  alleged  a  pattern  of  iU-treat- 
ment  and  arbitrary  arrests  occurring  against  a  backdrop  of  systematic  discrimina- 
tion. In  one  study,  85  percent  of  juvenile  indigenous  suspects  reported  being  hit, 
punched,  kicked,  or  slapped  by  police.  Most  of  the  juveniles  interviewed  had  com- 
plained about  violence  occurring  after  apprehension  and  during  questioning  about 
alleged  offenses.  Government  statistics  confirm  the  common  perception  among  indig- 
enous people  that  they  are  systematically  mistreated  by  police.  Government  reports 
have  suggested  that  the  pursuit  of  economic  self-determination  for  indigenous  peo- 
ple would  greatly  assist  in  solving  the  crime  problems  in  indigenous  communities 
and  the  differences  in  rates  of  imprisonment. 

The  average  life  expectancy  of  an  indigenous  person  is  20  years  less  than  that 
of  a  nonindigenous  person.  The  infant  mortality  rate  for  indigenous  children  is  3 
times  that  of  nonindigenous  children.  The  maternal  mortality  rate  for  indigenous 
women  is  5  times  that  of  nonindigenous  women.  The  incidence  of  illnesses  such  as 
tuberculosis,  leprosy,  hepatitis,  and  of  sexually  transmitted  diseases  is  10  times 
greater  among  indigenous  people  than  nonindigenous  people.  Data  indicate  that 
22.5  percent  of  indigenous  children  complete  secondary  education  compared  with 
76.2  percent  of  nonindigenous  children.  Government  statistics  for  1995  show  that 
the  pfirticipation  rate  in  university  education  for  Aborigines  is  2.4  percent  (up  from 
1.8  percent  in  1991)  compared  with  2.7  percent  for  non-Aborigines. 

Government  programs,  including  a  $750  million  indigenous  land  fund  and  a  "Fed- 
eral Social  Justice  Package,"  aim  at  ameliorating  the  real  challenges  faced  by  indig- 
enous Australians.  The  Government  is  also  seeking  ways  to  improve  upon  1993  Na- 
tive Title  Legislation  which  has  been  largely  unsuccessful  in  assisting  Aborigines  to 
establish  and  pursue  title  to  land.  The  December  1996  High  Court  Wik  decision, 
which  ruled  that  native  title  to  land  could  coexist  with  pastoral  leases,  complicated 
an  already  confused  situation.  The  Government's  "Ten-Point  Plan"  response  to  the 
decision,  if  passed  in  Parliament,  would  give  states  and  territories  the  right  to  con- 
vert leasehold  to  freehold,  and  thus  finally  extinguish  native  title  to  lands. 

In  May,  after  an  inquiry,  the  Government's  Human  Rights  and  Equal  Opportunity 
Conunission  declared  that  the  country's  former  policy  of  forcibly  separating  Aborigi- 
nal children  from  their  parents,  which  was  in  effect  from  1910  until  the  early 
1970's,  was  a  form  of  genocide.  The  policy  was  based  on  the  belief  that  Aborigines 
were  a  doomed  race,  and  saving  the  children  was  the  only  humane  alternative.  In 
a  1994  survey,  the  Government  found  that  10  percent  of  Aborigines  older  than  25 — 
approximately  100,000  persons — had  been  separated  from  their  parents  in  child- 
hood. The  Commission  and  Aboriginal  leaders  called  for  a  government  apology  and 
compensation  for  the  children  uprooted  under  the  assimilation  policy.  The  Govern- 
ment initially  ruled  out  any  compensation,  and  blocked  an  opposition  Labor  Party 
motion  for  an  ajwlogy  to  the  "stolen  generation"  of  Aborigines.  However,  in  Decem- 
ber the  Government  announced  a  $40  million  aid  package  to,  among  other  things, 
establish  a  national  networic  of  "family  link-up"  services,  fund  50  counselors  to  help 
those  affected  by  the  jwlicy,  and  expand  a  network  of  regional  support  centers.  How- 
ever, the  Minister  for  Aboriginal  Affairs  reiterated  Prime  Minister  Howard's  earlier 
rejection  of  calls  for  an  apology  as  "asking  one  generation  to  accept  legal  responsibil- 
ity for  the  acts  of  earlier  generations." 

National  I  Racial  I  Ethnic  Minorities. — Although  Asians  make  up  less  than  5  per- 
cent of  the  population,  they  account  for  40  percent  of  recent  immigrants.  Public 
opinion  surveys  indicate  growing  criticism  of  immigration,  and  there  were  reports 
of  a  sharp  increase  in  incidents  of  racial  harassment,  with  Asians,  as  well  as  Aborig- 
ines, reporting  that  they  have  been  spat  on,  shoved,  and  threatened.  In  a  survey 
published  in  1996  by  the  Chinese-language  newspaper  Sing  Tao,  more  than  half  the 
respondents  said  that  they  had  been  abused  verbally  or  physically  in  the  previous 
2  months. 


683 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  and  practice  provide  workers,  including 
public  servants,  freedom  of  association  domestically  and  internationally.  Approxi- 
mately 32  percent  of  the  work  force  is  unionized. 

Unions  carry  out  their  functions  free  from  government  or  political  control,  but 
most  local  affiliates  belong  to  state  branches  of  the  Australian  Labor  Party  (ALP). 
Union  members  must  m^e  up  at  least  50  percent  of  the  delegates  to  ALP  con- 
gresses, but  unions  do  not  participate  or  vote  as  a  bloc. 

Prior  to  1997,  there  were  no  restrictions  on  the  right  to  strike.  However,  the 
Workplace  Relations  Act,  which  went  into  effect  on  January  1,  restricts  the  ri^ht 
to  strike  to  the  period  when  a  new  wages  and  working  conditions  contract  is  being 
negotiated.  Legislation  that  went  into  force  in  1994  for  the  first  time  legalized  what 
had  always  been  a  de  facto  right  to  strike. 

Laws  and  reflations  prohibit  retribution  against  strikers  and  labor  leaders,  and 
they  are  effectively  enforced.  In  practice  employers  tend  to  avoid  legal  remedies 
(e.g.,  secondary  boycott  injunctions)  available  to  them  in  order  to  preserve  a  long- 
term  relationship  with  their  unions. 

Unions  may  freely  form  and  join  federations  or  confederations,  and  they  actively 
peirticipate  in  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  and  practice  provide 
workers  with  the  right  to  organize  and  bargain  collectively,  and  tne  law  protects 
them  from  antiunion  discrimination. 

The  Workplace  Relations  Act  contains  curbs  on  union  power,  restrictions  on 
strikes,  and  a  new  unfair-dismissal  system.  Several  unions  are  considering  challeng- 
ing the  1997  law  on  the  grounds  that  it  violates  the  right  to  assembly  provided  for 
in  several  International  Labor  Organization  conventions  that  Australia  has  signed. 
The  primary  curb  on  union  power  is  abolition  of  closed  shops  and  union  demarca- 
tions. Although  unions  are  weakened,  this  provision  could  create  many  small  and 
competing  unions  at  an  individual  worksite.  The  restrictions  on  strikes  include 
heavy  fines  for  labor  unrest  during  the  life  of  an  agreement  and  tougher  secondary- 
boycott  provisions.  The  new  unfair-dismissal  system  further  limits  redress  and  com- 
pensation claims. 

The  negotiation  of  contracts  covering  wages  and  working  conditions  is  gradually 
shifting  away  from  the  centralized  system  of  the  past.  Previously  legislation  pro- 
vided for  the  negotiation  of  simpler  "enterprise  agreements,"  which  were  negotiated 
by  individual  companies  with  their  workers  or  with  the  relevant  union(s).  The  fed- 
eral and  state  governments  administered  centralized  minimum-wage  awards  and 
provided  quasi -judicial  arbitration,  supplemented  by  industrywide  or  company-by- 
company  collective  bargaining.  The  Workplace  Relations  Act  also  provides  for  the 
negotiation  of  "Australian  Workplace  Agreements"  (AWA's)  between  employers  and 
inmvidual  workers.  These  agreements  are  subject  to  far  fewer  government  regula- 
tions than  the  awards.  At  present  the  AWA's  are  required  to  be  roughly  equivalent 
to  basic  working  conditions  in  the  award  that  would  apply  to  the  sector  to  which 
the  firm  belongs. 

There  are  no  export  processing  zones.  The  Darwin  Trade  Development  Zone, 
Northern  Territory,  attempts  to  increase  exports  via  a  geographically  defined  free 
trade  zone.  In  practice  the  Darwin  initiative  is  focused  almost  exclusively  on  its 
Asian  neighbors  to  the  north  and  west. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Although  there  are  no  laws  pro- 
hibiting it,  forced  labor,  including  forced  and  bonded  labor  by  children,  is  not  prac- 
ticed. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  law 
does  not  prohibit  forced  and  bonded  labor  by  children,  but  such  practices  are  not 
known  to  occur  (see  Section  6.c.). 

There  is  no  federally  mandated  minimum  age  of  employment,  but  state-imposed 
compulsory  educational  requirements,  monitored  and  enforced  by  state  educational 
authorities,  effectively  prevent  most  children  from  joining  the  work  force  until  they 
are  15  or  16  years  of  age.  Federal  and  state  governments  monitor  and  enforce  a  net- 
work of  laws,  which  vary  from  state  to  state,  governing  minimum  school-leaving 
age,  minimum  age  to  claim  unemployment  benefits,  and  minimum  age  to  engage  in 
specified  occupations. 

e.  Acceptable  Conditions  of  Work. — Although  a  formal  minimum  wage  exists,  it 
has  not  been  relevant  in  wage  agreements  since  the  1960's.  Instead,  80  percent  of 
workers  are  covered  by  differing  minimum  wage  rates  for  individual  trades  and  pro- 
fessions, all  of  which  are  sufficient  to  provide  a  decent  standard  of  living  for  a  work- 
er and  family. 

Most  workers  are  employees  of  incorporated  organizations.  For  them,  a  complex 
body  of  government  regulations,  as  well  as  decisions  of  applicable  federal  or  state 


684 

industrial  relations  commissions,  prescribe  a  40-hour  or  shorter  workweek,  paid  va- 
cations, sick  leave,  and  other  benefits,  including  at  least  one  24-hour  rest  period  per 
week. 

Federal  or  state  safety  laws  apply  to  every  workplace. 

The  Occupational  Health  ana  Safety  (Commonwealth  Employment)  Act  of  1991 
provides  federal  employees  with  the  legal  right  to  cease  work  if  they  believe  that 

K articular  work  activities  pose  an  immediate  threat  to  individual  health  or  safety, 
[ost  states  and  territories  have  laws  that  grant  similar  rights  to  their  employees. 
At  a  minimum,  private  sector  employees  have  recourse  to  state  health  and  safety 
commissions,  which  will  investigate  complaints  and  demand  remedial  action. 


BRUNEI 

Brunei  Darussalam,  a  small,  wealthy  monarchy  located  on  the  north  coast  of  Bor- 
neo, is  a  sultanate  ruled  by  the  same  family  for  600  years. 

The  1959  Constitution  provided  for  the  first  delegation  of  political  power  by  the 
late  Sultan  Omar  Ali  Saifuddin  to  an  appointed  council  of  state,  but  in  1962  the 
then  Sultan  invoked  an  article  of  the  Constitution  that  allowed  him  to  assume  emer- 
gency powers  for  2  years.  These  powers  have  been  regularly  renewed,  most  recently 
by  the  current  Sultan  in  July  1996.  Although  not  aU  of  the  articles  of  the  Constitu- 
tion are  suspended,  the  state  of  emergency  places  few  limits  on  the  Sultan's  power. 
He  also  serves  as  Prime  Minister,  Minister  of  Defense,  Minister  of  Finance,  chan- 
cellor of  the  national  university,  superintendent  general  of  the  Royal  Brunei  Police 
Force,  and  leader  of  the  Islamic  faith. 

The  police  force,  which  has  responsibility  for  internal  security,  reports  to  the 
Prime  Minister's  office,  which  includes  an  Internal  Security  Department,  and  is 
firmly  under  the  control  of  civil  authorities. 

Brunei's  large  oil  and  natural  gas  reserves,  coupled  with  its  small  population,  give 
it  one  of  the  world's  highest  per  capita  gross  national  products. 

Human  rights  remain  broadly  circumscribed.  In  practice  citizens  do  not  have  the 
right  to  change  their  government,  and  they  generally  eschew  political  activity  of  any 
kind.  Nor,  constitutioned  provisions  notwithstanding,  do  thev  genuinely  exercise  the 
freedoms  of  speech,  press,  assembly,  and  association.  Other  human  rights  problems, 
including  discrimination  against  women  and  restriction  of  religious  freedom,  contin- 
ued. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
There  were  no  reports  of  police  mistreatment  oi  prisoners.  Any  report  of  police  mis- 
treatment of  prisoners  would  be  investigated  as  a  violation  of  the  law.  In  1988 
caning  became  mandatory  punishment  for  42  drug-related  and  other  criminal  of- 
fenses and  for  vandalism.  Since  then,  sentences  of  caning  have  been  handed  down 
and  carried  out  in  the  presence  of  a  doctor  who  monitors  implementation  and  has 
the  authority  to  interrupt  and  postpone  the  punishment  for  medical  reasons.  Caning 
is  generally  included  as  part  of  the  sentencing  in  80  percent  of  the  criminal  convic- 
tions. Many  convicted  persons  reportedly  prefer  caning  rather  than  lengthy  incarcer- 
ation. 

In  October  1996,  the  authorities  arrested  two  policemen  for  the  rape  of  a  waitress 
from  the  Philippines.  In  November  the  policemen  were  convicted  of  the  kidnap  and 
rape  of  the  waitress.  They  were  sentenced  to  14  years  in  prison  and  given  12  strokes 
of  the  cane. 

Prison  conditions  meet  minimum  international  standards.  There  is  no  overcrowd- 
ing, however,  there  is  a  growing  prison  population  and  a  new  facility  to  replace  the 
60-year-old  prison  is  under  construction.  Prisoners  receive  regular  medical  check- 
ups. Remand  cells  at  police  stations  are  Spartan. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  provides  for  a  prompt  judicial 
determination  of  the  validity  of  an  arrest.  However,  those  provisions,  like  the  Con- 
stitution itself,  may  be  superseded,  either  partially  or  wholly,  through  invocation  of 
the  emergency  powers.  The  Internal  Security  Act  (ISA)  permits  the  (jovemment  to 
detain  suspects  without  trial  for  renewable  2-year  periods.  The  Grovemment  occa- 
sionally has  used  the  ISA  to  detain  persons  suspected  of  antigovemment  activity; 


685 

however,  information  on  the  detainees  is  only  published  after  they  are  released.  Two 
former  rebel  leaders  were  pardoned  and  released,  after  undergoing  "religious  indoc- 
trination" and  swearing  loyalty  to  the  Sultan  (see  Section  I.e.).  As  far  as  is  known, 
all  former  rebel  leaders  are  out  of  prison;  there  may,  however,  be  a  few  political  de- 
tainees arrested  subseauent  to  the  1962  rebellion  who  are  stiU  in  detention. 

Police  officers  have  Tbroad  powers  to  make  arrests  without  warrants  of  persons 
caught  in  the  act  of  committing  a  crime.  However,  under  normal  circumstances,  a 
magistrate  must  endorse  a  warrant  for  arrest.  Warrants  are  issued  without  this  en- 
dorsement on  rare  occasions,  such  as  when  police  are  unable  to  obtain  the  endorse- 
ment in  time  to  prevent  the  flight  of  a  suspect. 

Under  the  colonial-era  Banishment  Act  of  1918,  any  person  deemed  to  be  a  threat 
to  the  safety,  peace,  or  welfare  of  Brunei,  may  be  forcibly  exiled  either  permanently 
or  temporarily  by  the  Sultan.  Since  independence,  there  have  been  no  cases  of  ban- 
ishment of  citizens. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  does  not  specifically  provide  for 
an  independent  judiciary.  In  September  1996,  in  a  landmark  legal  decision,  how- 
ever, the  appellate-level.  High  Court  ruled  that  the  Court  has  powers  independent 
of  the  prosecution,  and  ordered  a  discharge  in  a  car  theft  case  under  review,  which 
amounted  to  an  acquittal  under  the  Criminal  Procedure  Code.  So  far  the  Govern- 
ment has  not  challenged  the  court's  finding  that  magistrates  have  the  legal  power 
to  discharge  and  acquit  a  defendant,  even  when  the  discharge  is  not  requested  by 
the  prosecution. 

The  judicial  system  consists  of  five  levels  of  courts,  with  final  recourse  in  civil 
cases  available  through  the  Privy  Council  in  London.  In  January  1995,  Brunei  ter- 
minated appeal  to  the  Privy  Council  in  criminal  cases.  Procedural  safeguards  in- 
clude the  right  to  defense  counsel,  the  right  to  an  interpreter,  the  right  to  a  speedy 
trial,  and  the  right  to  confront  accusers.  There  were  no  known  instances  of  govern- 
ment interference  with  the  judiciary  and  no  trials  of  political  opponents. 

The  civil  law,  based  on  English  common  law,  provides  citizens  with  a  fair  and  effi- 
cient judicial  process.  Shari'a  (Islamic  law)  supersedes  civil  law  in  some  areas,  in- 
cluding divorce,  inheritance,  and  some  sexual  crimes.  Shari'a  law  is  not  applied  to 
non-Muslims. 

Two  "returnees"  (individuals  accused  or  convicted  of  participating  in  the  1962  re- 
bellion, who  fled  or  escaped  the  country,  and  subsequently  returned)  were  released 
after  going  through  "religious  indoctrination,"  and  swearing  loyalty  to  the  Sultan. 
As  far  as  is  known,  all  former  rebel  leaders  are  out  of  prison;  there  may,  however, 
be  a  few  political  detainees  arrested  subsequent  to  the  1962  rebellion  who  are  still 
in  detention  (see  Section  l.d.). 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — Al- 
though the  law  permits  government  intrusion  into  the  privacy  of  individual  persons, 
families,  or  homes,  this  rarely  happens.  There  were  no  reports  of  mail  having  been 
opened  prior  to  delivery  during  the  year.  The  Government  at  times  prevents  the  im- 
portation of  foreign  newspapers  and  magazines  (see  Section  2.a.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — While  there  are  no  laws  restricting  freedom  of 
speech  and  freedom  of  the  press,  the  Government  has  used  its  authority  to  protect 
public  safety,  morals,  health,  and  domestic  security  to  restrict  these  freedonos.  Edi- 
tions of  overseas  newspapers  or  magazines  with  articles  that  are  found  objection- 
able, embarrassing,  or  critical  of  the  Sultan,  royal  family,  or  government  are  not  al- 
lowed into  the  country.  Magazine  articles  with  a  Christian  theme  are  reportedly  in- 
variably censored.  However,  the  growing  use  of  fax  machines,  the  Internet,  and  ac- 
cess to  satellite  transmissions  make  it  increasingly  difficult  to  keep  such  material 
from  entering.  The  independently  owned  local  newspaper  appears  to  practice  self- 
censorship  in  its  choice  of  topics  so  as  not  to  anger  the  Government  but  it  has  insti- 
tuted a  new  feature  of  letters  to  the  editor  by  which  citizens — some  by  name  and 
some  anonymously — criticize  the  Government's  handling  of  certain  social,  economic, 
and  environmental  issues.  The  (jovemment's  reactions  to  the  letters  have  been 
mixed.  On  the  one  hand,  it  has  clearly  been  responsive  to  public  opinion  on  some 
issues  such  as  dealing  with  social  or  environmental  problems.  On  the  other  hand, 
the  Internal  Security  Department  allegedly  has  been  unsuccessfully  attenipting  to 
obtain  the  names  of  people  who  have  written  to  the  newspaper  to  complain  about 
government  services.  In  1997  the  newspaper  expanded  its  letters  column  to  reflect 
the  increase  in  letters. 

Although  the  only  Brunei-based  television  station  is  government-owned,  three  Ma- 
laysian television  channels  are  also  received  locally.  A  10-channel  cable  network  of 
television  stations  is  widely  available.  This  network  includes  the  Cable  News  Net- 


686 

work,  the  British  Broadcasting  Corporation  World  News,  and  several  entertainment 
channels. 

The  Government's  tolerance  of  political  criticism  has  not  been  tested  recently  be- 
cause there  is  no  organized  opposition.  Moreover,  citizens  generally  make  almost  no 
criticism  of  their  government.  In  the  past,  the  Government  has  not  hesitated  to  ar- 
rest those  who  attempted  to  propagate  unwelcome  political  views. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Freedom  to  assemble  for  politi- 
cal purposes  has  not  been  seriously  tested  in  recent  years. 

Following  a  1967  ban  on  political  parties,  the  Government  allowed  two  parties  to 
form  in  1985  and  1986.  It  disbanded  one  of  the  parties  in  1988.  Political  parties  are 
allowed  but  they  are  not  to  engage  in  activities  that  endanger  people.  Membership 
is  open  to  all  citizens,  except  civil  servants  and  security  forces,  who  make  up  60  per- 
cent of  all  employed  citizens. 

The  remaining  party,  the  Brunei  Solidarity  National  Party,  which  had  been  inac- 
tive for  several  years,  held  an  assembly  in  February  1995,  reportedly  with  the  con- 
sent of  the  Government.  About  50  people  attended.  In  May  1995,  the  party  presi- 
dent resigned.  In  a  September  1995  interview  in  a  local  newspaper,  he  said  that  he 
had  resigned  after  the  Home  Affairs  Ministry  warned  him  not  to  involve  himself  in 
political  activity  because  he  is  a  former  political  detainee.  He  told  the  interviewer 
that  he  was  seeking  authorization  from  the  Government  to  resume  political  activity. 
There  has  been  no  public  party  activity  since  the  February  1995  assembly. 

The  activities  of  international  service  organizations  such  as  Rotary,  luwanis,  and 
the  Lions,  continued  to  be  constrained  by  the  Government,  which  in  1995  reminded 
local  leaders  of  these  organizations  that  Muslims  may  not  be  members. 

c.  Freedom  of  Religion. — The  Constitution  states  that,  'The  religion  of  Brunei 
Darussalam  shall  be  the  Muslim  religion  according  to  the  Shafeite  sect  of  that  reli- 
gion: Provided  that  all  other  religions  may  be  practiced  in  peace  and  harmony  by 
uie  person  professing  them  in  any  part  of  Brunei  Darussalam."  The  Government 
sporadically  voiced  alarm  about  "outsiders"  preaching  radical  Islamic  fundamental- 
ist or  unorthodox  beliefs.  Citizens  deemed  to  have  been  influenced  by  such  preach- 
ing (usually  students  returning  from  overseas  study)  have  been  "shown  the  error  of 
their  ways"  in  study  seminars  organized  by  mainstream  Islamic  religious  leaders. 
The  Government  seems  more  concerned  about  these  so-called  Islamic  *  opportunists" 
than  unwelcome  political  views.  Moreover,  the  Government  does  not  hesitate  to  in- 
vestigate and  to  use  its  internal  security  apparatus  against  these  purveyors  of  radi- 
cal Islam. 

In  1991  the  Government  began  to  reinforce  the  legitimacy  of  the  hereditary  mon- 
archy and  the  observance  of  traditional  and  Muslim  values  by  reasserting  a  national 
ideology  known  as  the  Malayhu  Islam  Beraja  (MIB)  or  "Malay  Muslim  monarchy," 
the  genesis  of  which  reportedly  dates  back  to  the  15th  century.  The  Government  in 
1993  participated  in  issuing  the  Kuala  Lumpur  Declaration,  which  confirms  the 
right  of  all  persons  to  a  wide  range  of  human  rights,  including  freedom  of  religion. 
Despite  this  and  constitutional  provisions  providing  for  the  full  and  unconstrained 
exercise  of  religious  freedom,  the  Government  routinely  restricts  the  practice  of  non- 
Muslim  religions  by:  Prohibiting  proselytizing;  occasionally  denying  entry  to  foreign 
clergy  or  particular  priests,  bisnops,  or  ministers;  banning  the  importation  of  reli- 
gious teaching  materials  or  scriptures  such  as  the  Bible;  and  refusing  permission 
to  expand,  repair,  or  build  new  churches,  temples,  and  shrines. 

The  Ministry  of  Education  has  also  restricted  the  teaching  of  the  history  of  reli- 
gion or  other  courses  in  religion  in  non-Islamic  schools  while  requiring  courses  on 
Islam  or  the  MIB  in  all  schools.  Currently  only  the  Bandar  Seri  Begawan  and 
Jerudong  International  Schools  are  exempted  from  these  restrictions. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  restricts  the  movement  of  former  political  prisoners 
during  the  first  year  of  their  release.  Otherwise,  generally,  the  Government  does  not 
restrict  freedom  of  movement  of  its  citizens,  visitors,  and  permanent  residents.  Gov- 
ernment employees,  both  citizens  and  foreigners  working  on  a  contractual  basis, 
must  apply  for  approval  to  go  abroad;  it  is  routinely  granted. 

Brunei  has  no  legal  provision  for  granting  temporary  refuge,  first  asylum,  or  refu- 
gee status  to  those  seelcing  such  refuge  or  asylum.  Under  the  law,  persons  arriving 
without  vaUd  entry  documents  and  means  of  support  are  considered  illegal  immi- 
grants and  are  deported.  There  were  no  reported  cases  of  individuals  seeking  tem- 
porary refuge  in  1997. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
Citizens  are  unable  to  change  their  government;  Brunei  is  a  monarchy  and  there 
are  no  established  democratic  processes.  Under  the  continuing  state  of  emergency. 


687 

there  is  no  parliament,  and  political  authority  and  control  rests  in  the  hands  of  the 
ruling  monarch.  Individuals  may  seek  to  express  their  views  or  to  influence  govern- 
ment decisions  and  policies  by  writing  letters  to  the  local  newspaper  or  by  petition- 
ing the  Sultan  or  handing  him  letters  when  he  appears  in  public. 

A  form  of  popular  representation  lies  in  a  tra<fitional  system  of  village  chiefs  who, 
since  1992,  are  elected  by  secret  ballot  by  all  adults.  These  leaders  communicate 
constituents'  wishes  through  a  variety  of  channels,  including  periodic  meetings 
chaired  by  the  Home  Affairs  Minister,  with  several  ofiicials  appointed  by  the  Sultan. 
In  May  1996,  the  Sultan  officiated  at  the  first  General  Assembly  of  the  "mukim" 
(a  group  of  villages)  and  village  consultative  council.  Over  1,000  village  chiefs  from 
150  villages  and  35  mukim  participated  as  delegates.  The  delegates  were  elected 
from  among  individual  villagers,  and  the  Government  described  the  Assembly  as  "a 

grass  roots  level  political  system."  The  council's  advisers,  however,  are  all  appointed 
y  the  Sultan.  The  Government  insists  that  ordinary  citizens  actually  use  these 
councils  to  present  their  grievances  and  to  obtain  redress. 

The  lack  of  representative  democratic  government  seriously  limits  the  role  of  men 
and  women  in  government  and  politics;  however,  women  are  making  progress.  In 
1997  the  Sultans  sister,  Princess  Masna,  was  confirmed  as  the  number  two  oflicial 
in  the  Ministry  of  Foreign  Affairs,  and  for  the  first  time  two  women  were  appointed 
as  permanent  secretaries  in  the  Ministries  of  Education,  and  Culture,  Youth  and 
Sports. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  no  government  or  private  organizations  that  deal  specifically  with  the 
protection  of  human  rights.  However,  in  1997,  for  the  first  time,  the  Government 
entered  into  a  human  rights  dialog  with  a  foreign  embassy.  There  were  no  known 
allegations  of  abuses  or  requests  to  visit  by  international  human  rights  groups. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Except  for  religion  (see  Section  2.c.),  the  Constitution  does  not  contain  specific 
provisions  prohibiting  discrimination  based  on  the  factors  listed  above. 

Women. — The  extent  to  which  spousal  abuse  may  occur  and  go  unreported  is  not 
known.  However,  in  response  to  a  perception  that  domestic  violence  is  a  serious 
problem,  the  police  established  a  special  unit  to  investigate  allegations  of  spousal 
abuse  in  October  1994.  Approximately  16  cases  of  domestic  abuse  were  reported  to 
police  in  the  first  half  of  1995.  The  Government  has  established  a  shelter  for  abused 
women,  and  reportedly  there  were  four  residents  there  in  1995.  In  general  Islamic 
religious  authorities  oppose  divorce  and  encourage  spouses  to  return  even  to  fla- 
grantly abusive  husbands.  However,  they  recognize  wife  beating  as  grounds  for  di- 
vorce. In  1995  the  Government  initiated  a  well-publicized  telephone  hot  line  to  re- 
port abusers. 

The  criminal  penalty  for  a  minor  domestic  assault  is  1  to  2  weeks  in  jail  and  a 
fine.  An  assault  resulting  in  serious  injury  would  be  punished  by  caning  and  a 
longer  jail  sentence.  One  area  of  apparent  abuse  involves  female  domestic  servants. 
While  the  level  of  violence  in  society  is  low,  beating  of  servants — or  refusing  them 
the  right  to  leave  the  house  on  days  off,  sometimes  on  grounds  that  they  "might 
encounter  the  wrong  company" — is  less  socially  unacceptable  behavior.  Since  most 
female  domestics  are  foreign  workers  who  are  highly  dependent  on  their  employers, 
those  subject  to  abuse  may  be  unwilling  or  unable  to  bring  complaints,  either  to  the 
authorities  or  to  their  governments'  embassies.  When  such  complaints  are  brought, 
however,  the  Government  is  generally  quick  to  investigate  allegations  of  abuse  and 
impose  fines  and  punishment  as  warranted. 

m  accordance  with  Koranic  precepts,  women  are  denied  equal  status  with  men 
in  a  number  of  important  areas,  such  as  divorce,  inheritance,  and  custody  of  chil- 
dren. Under  the  Brunei  Nationality  Act,  citizenship  is  transmitted  throu^  males 
only.  Female  citizens  who  are  married  to  foreigners  or  bear  children  by  foreign  fa- 
thers cannot  transmit  citizenship  to  their  children,  even  when  such  children  are 
bom  in  Brunei.  This  has  resulted  in  creation  of  a  sizable  population  of  stateless  chil- 
dren, estimated  at  more  than  5,000  residents,  who  are  entitled  to  live  in  the  country 
and  be  documented  for  travel  by  the  Government,  but  who  cannot  enjoy  the  full 
privileges  of  citizenship,  including  the  right  to  own  land. 

Although  men  are  eligible  for  permanent  positions  in  government  service  whether 
or  not  they  hold  university  degrees,  women  who  do  not  nave  university  degrees  are 
eligible  to  hold  government  positions  only  on  a  month-to-month  basis.  While  recent 
changes  eliminated  some  previous  inequities,  women  in  month-to-month  positions 


688 

continue  to  receive  slightly  less  annual  leave  and  fewer  allowances  than  their  male 
and  female  counterparts  in  permanent  positions. 

Religious  authorities  strongly  encourage  Muslim  women  to  wear  the  tudong,  a  tra- 
ditional head  covering,  and  many  women  do  so.  Some  Muslim  women  do  not,  how- 
ever, and  there  is  no  oflicial  pressure  on  non-Muslim  women  to  do  so.  All  female 
students  in  government-operated  schools  are  required  to  wear  the  tudong;  students 
in  nongovernment  schools  are  encouraged  to  wear  it.  All  public  schools  are  secular. 

There  are  no  separate  pay  scales  for  men  and  women,  and  in  recent  years  there 
has  been  a  major  influx  of  women  into  the  worit  force.  Women  serve  in  a  wide  vari- 
ety of  capacities  in  the  armed  forces,  although  they  may  not  serve  in  combat.  The 
number  of  female  university  graduates  is  increasing,  and  nearly  two-thirds  of 
Brunei  University's  entering  class  is  female. 

Children. — ^There  are  no  published  statistics  regarding  the  welfare  of  children. 
The  strong  commitment  to  family  values  within  society,  the  hi^  standard  of  living, 
and  government  funding  for  children's  welfare  provides  most  children  a  healthy  and 
nurturing  environment.  With  a  few  exceptions  involving  small  villages  in  extremely 
remote  areas,  nutritional  standards  are  high,  and  poverty  is  almost  unknown.  There 
were  18  reported  cases  of  child  abuse  in  the  first  naif  of  1995.  In  1997  Brunei  rati- 
fied and  acceded  to  the  U.N.  Convention  on  the  Rights  of  the  Child.  In  October 
1996,  the  Brunei  High  Court  convicted  a  father  of  11  of  child  abuse.  The  Chief  Jus- 
tice sentenced  him  to  20  years  in  prison  and  ordered  him  caned  with  20  strokes  of 
the  rattan  for  causing  the  death  of  his  3-year-old  daughter  and  grievous  hurt  to  an- 
other 2  of  his  children. 

People  With  Disabilities. — No  legislation  mandating  accessibility  or  other  assist- 
ance for  disabled  persons  has  been  passed.  The  Government  is  attempting  to  provide 
educational  services  for  children  with  disabilities,  although  these  efforts  are  not  yet 
adequate  to  address  the  situation.  Teachers  are  still  being  trained  to  deal  with  dis- 
abled children  and  some  children  have  no  educational  opportunities.  A  special  facil- 
ity with  trained  educators  is  needed  to  accommodate  the  disabled  children  who  can- 
not be  assimilated  into  normal  classrooms,  and  the  Ministry  of  Education  is  study- 
ing the  problem. 

Indigenous  People. — ^The  6  percent  of  the  population  that  is  composed  of  indige- 
nous peoples  has  long  been  integrated  into  society,  and  enjoys  the  same  rights  as 
other  citizens. 

National / Racial/ Ethnic  Minorities. — Some  members  of  non-Malay  minorities, 
such  as  ethnic  Chinese,  including  those  bom  and  raised  in  Brunei,  are  not  automati- 
cally accorded  citizenship  and  must  travel  abroad  as  stateless  persons.  Brunei's  colo- 
nial-era naturalization  laws  are  widely  viewed  as  out  of  date  and  in  need  of  reform. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Trade  unions  are  legal  in  Brunei  but  must  be  reg- 
istered with  the  Government.  There  are  three  registered  trade  unions,  one  passive 
and  two  generally  inactive,  all  of  them  in  the  oil  sector,  and  with  a  total  member- 
ship amounting  to  less  than  5  percent  of  that  industry's  work  force.  All  workers, 
including  civil  servants  other  than  those  serving  in  the  military  and  police,  may 
form  or  ioin  trade  unions.  Unions  are  independent  of  the  Government.  The  Trade 
Unions  Act  of  1962  permits  the  formation  of  trade  union  federations,  but  forbids  af- 
filiation with  labor  organizations  outside  Brunei.  An  individual  contract  is  required 
between  an  employer  and  each  employee,  but  legal  trade  union  activities  cannot  be 
deemed  to  violate  employee  contracts.  Local  legal  experts  interpret  this  provision  as 
conferring  the  right  to  strike,  but  there  have  been  no  strikes.  Brunei  is  not  a  mem- 
ber of  the  International  Labor  Organization. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — ^The  Government  has  not  pre- 
vented the  legal  registration  of  trade  unions,  nor  has  it  dissolved  any.  The  Govern- 
ment did  not  interfere  with  lawful  union  activity.  It  is  illegal  to  refuse  employment 
or  discriminate  against  an  employee  on  the  basis  of  membership  or  nonmembership 
in  a  trade  union.  While  unions  are  legal  and  easy  to  register,  conditions  are  not  con- 
ducive to  the  development  of  trade  unions.  There  is  little  interest  on  the  part  of 
workers  in  forming  trade  unions,  and  existing  unions  are  not  very  active.  The  law 
is  silent  on  collective  bargaining,  and  it  occurs  in  only  a  few  industries.  There  are 
few  industries  of  the  kind  in  which  unions  have  traditionally  developed.  Also,  cul- 
tural tradition  favors  consensus  over  confrontation.  Wage  and  benefit  packages  are 
based  on  market  conditions  and  tend  to  be  generous. 

There  is  a  free  trade  zone  in  Muara  Port,  known  as  the  Muara  Export  Zone 
(MEZ),  established  in  May  1994. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  labor  in- 
cluding forced  and  bonded  labor  by  children,  and  it  is  not  practiced. 


689 

During  the  year,  a  foreign  beauty  contest  winner  brought  suit  in  a  foreign  court 
against  members  of  the  Brunei  royal  family  filleging  that  she  and  others  were 
brought  to  Brunei  and  subseauently  held  against  their  wiU  for  purposes  of  sexual 
exploitation.  A  statement  by  tne  royal  family  called  the  case  "frivolous  and  ground- 
less." At  year's  end,  the  case  had  not  been  resolved. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The 
Labor  Enactment  Laws  of  1954  prohibits  employment  of  children  below  the  age  of 
16.  Parental  consent  and  approval  by  the  Labor  Commission  is  required  for  those 
below  the  age  of  18.  Female  minors  under  age  18  may  not  work  at  night  or  on  off- 
shore oil  platforms.  The  Department  of  Labor  (DOL),  which  is  a  part  ofthe  Ministry 
of  Home  Affairs,  effectively  enforces  laws  on  the  employment  of  children.  There  were 
no  reports  of  violations  of  the  child  labor  laws.  Forced  and  bonded  labor  by  children 
is  prohibited  and  it  is  not  practiced  (see  Section  6.C.). 

e.  Acceptable  Conditions  of  Work. — Skilled  labor  is  in  short  supply,  and  maiket 
forces  enable  most  citizens  to  command  good  salaries.  There  is  no  minimum  wage. 
The  standard  workweek  is  Monday  through  Thursday  and  Saturday,  with  Frioay 
and  Sunday  off,  allowing  for  two  24-hour  rest  periods  each  week.  Overtime  is  paid 
for  work  in  excess  of  48  hours  a  week,  and  double  time  is  paid  for  work  performed 
on  legal  holidays.  Occupational  health  and  safety  standards  are  established  by  gov- 
ernment regulations.  The  DOL  inspects  working  conditions  on  a  routine  basis  and 
in  response  to  complaints.  The  DOL  generally  enforces  labor  regulations  effectively. 
However,  in  the  unskilled  labor  sector  enforcement  is  lax,  especially  for  foreign  la- 
borers (see  also  the  subsection  on  Women  in  Section  5).  The  DOL  is  empowered  to 
close  any  workplace  where  health,  safety,  or  working  conditions  are  unsatisfactory, 
and  it  has  done  so  in  the  past. 


BURMA 

Burma  continued  to  be  ruled  by  a  highly  authoritarian  military  regime.  The  mili- 
tary Government  known  as  the  State  Law  and  Order  Restoration  Council  (SLORC) 
seized  power  in  September  1988  after  harshly  suppressing  massive  prodemocracy 
demonstrations.  In  November  the  SLORC  announced  that  the  military  Government 
had  been  renamed  the  State  Peace  and  Development  Council  (SPDC).  The  regime 
is  headed  by  armed  forces  commander  General  Than  Shwe  and  composed  of  top 
military  officers.  Retired  dictator  General  Ne  Win,  whose  idiosyncratic  policies  had 
isolated  Burma  and  driven  the  country  into  deep  economic  decline,  may  continue  to 
wield  considerable  influence.  The  judiciary  is  not  independent  of  the  executive. 

The  SLORC  permitted  a  relatively  free  election  in  1990,  but  it  failed  to  honor  the 
results — which  were  an  overwhelming  rejection  of  military  rule — and  cede  power  to 
the  victorious  prodemocracy  forces.  Instead,  the  SLORC  attacked  the  coalition  of 
wirming  parties  and  their  leaders  through  intimidation,  detention,  and  house  arrest, 
and  redoubled  efforts  to  consolidate  and  perpetuate  its  rule.  In  1993  the  SLORC  es- 
tablished the  "National  Convention,"  a  body  ostensibly  tasked  with  drafting  a  new 
constitution.  The  SLORC  carefully  handpicked  the  delegates,  overwhelmingly  made 
up  of  military  officers,  and  stage-managed  the  constitutional  convention's  proceed- 
ings, ignoring  even  limited  opposition  views.  Although  the  National  Convention  has 
not  been  reconvened  since  1996,  the  military  government  appears  detennined  to 
draft  a  constitution  that  will  ensure  a  dominant  role  for  the  military  services  in  the 
country's  future  political  structure. 

The  Government  reinforces  its  firm  military  rule  with  a  pervasive  security  appa- 
ratus led  by  the  military  intelligence  organization,  the  Directorate  of  Defense  Serv- 
ices Intelligence  (DDSI).  Control  is  buttressed  by  selective  restrictions  on  contact 
with  foreigners,  surveillance  of  government  employees  and  private  citizens,  harass- 
ment of  political  activists,  intimidation,  arrest,  detention,  and  physical  abuse.  The 
Government  justifies  its  security  measures  as  necessary  to  maintain  order  and  na- 
tional unity.  However,  most  major  insurgent  groups  have  reached  individual  accom- 
modations with  the  SLORC  in  recent  years,  which  provide  varying  levels  of  stability 
and  autonomy  from  central  government  control.  Members  ofthe  security  forces  com- 
mitted numerous,  serious  human  rights  abuses. 

Burma  is  a  poor  country,  with  an  estimated  average  per  capita  income  of  $200 
to  3(X)  per  year  on  an  exchange  rate  basis  and  $700  to  $9(X)  on  a  purchasing-power- 
parity  basis.  Primarily  an  agricultural  country,  it  also  has  substantial  mineral,  fish- 
ing, and  timber  resources.  Since  1988  the  Government  has  partly  opened  the  econ- 
omy to  permit  expansion  of  the  small  private  sector  and  attract  foreign  investment. 
Some  economic  improvement  has  ensued,  but  major  obstacles  to  economic  reform 
persist.  These  include  extensive  overt  and  covert  state  involvement  in  economic  ac- 


690 

tivity,  state  monopolization  of  leading  exports,  a  bloated  bureaucracy  prone  to  arbi- 
trary and  opacjue  governance,  corruption,  poor  human  and  physical  infrastructure, 
and  disproportionatelv  large  military  spending. 

The  Government's  longstanding  severe  repression  of  human  rights  continued  dur- 
ing the  year.  Citizens  continued  to  live  subject  at  any  time  and  without  appeal  to 
the  arbitrary  and  sometimes  brutal  dictates  of  the  military  dictatorship.  Citizens  do 
not  have  the  ri^t  to  change  their  government.  The  SLORC  has  given  no  sign  of 
a  willingness  to  cede  its  hold  on  absolute  power.  There  continue  to  be  credible  re- 
ports, particularly  in  ethnic  minority-dominated  areas,  that  soldiers  committed  seri- 
ous humem  ridits  abuses,  including  extrajudicial  killings  and  rape.  Disappearances 
continued,  ana  members  of  the  security  forces  beat  and  otherwise  abused^ detainees. 
Prison  conditions  remained  harsh.  Arbitrary  arrests  and  detentions  continued  for 
expression  of  dissenting  political  views.  Many  hundreds — if  not  more — political  pris- 
oners remained  in  prison,  including  approximately  31  parliamentariems  elected  in 
1990.  Since  May  1996,  at  least  340  persons  have  been  arrested  and  imprisoned  for 
political  reasons,  and  may  remain  in  prison  at  year's  end.  The  judiciary  is  subject 
to  executive  influence,  and  the  Government  infringes  on  citizens'  ri^ts  to  privacy. 

The  SLORC  maintained  and  at  times  intensified  its  restrictions  on  basic  rights 
of  free  speech,  press,  assembly,  and  association.  Political  party  activity  remained  se- 
verely restricted.  Although  the  authorities  recognize  the  chief  opposition  party,  the 
National  League  for  Democracy  (NLD),  as  a  legal  entity,  they  prevented  the  party 
from  conducting  normal  day-to-day  political  activities.  The  Government  closed  many 
party  offices  throughout  the  country  with  no  apparent  legal  justification.  The  regime 
refiised  to  recognize  the  legal  political  status  oi  key  NLD  party  leaders,  such  as  its 
General  Secretary  Aung  San  Suu  Kyi  and  the  two  party  cochairmen,  and  it  severely 
constrained  their  activities  through  security  measures  and  threats.  The  regime 
stopped  a  party  conference  held  on  May  27  to  mark  the  seventh  anniversary  of  the 
1990  elections  by  the  use  of  physical  restraints  on  NLD  party  members.  The  au- 
thorities detained  or  threatened  to  detain  as  many  as  300  Members  of  Parliament- 
elect  (M.P.''s-elect)  and  party  activists  from  outside  Rangoon  to  deter  attendance. 
They  also  progressively  tightened  restrictions  imposed  in  late  1996  on  Aung  San 
Suu  Kyi's  freedom  to  leave  her  compound  and  her  ability  to  receive  visitors.  Al- 
though the  Government  eased  restrictions  on  NLD  gatherings  in  September  that  al- 
lowed the  party  to  hold  a  congress  marking  the  ninth  anniversary  of  its  founding, 
this  action  was  only  temporary,  as  authorities  blocked  subsequent  meetings. 

The  SLORC's  repression  oi  the  NLD  continued  with  the  forcible  closure  of  NLD 
offices  upcountry  and  harassment  of  NLD  members  for  petty  offenses.  It  forced  NLD 
members  to  work  as  military  porters  and  arrested  and  convicted  NLD  supporters 
of  political  crimes,  especially  those  associated  personally  with  Aung  San  Suu  Kyi. 

The  Government  imposed  restrictions  on  certain  religious  minorities.  In  March 
the  authorities  did  little  to  halt  attacks  on  Muslims  by  Buddhist  monks.  The  au- 
thorities initially  did  little  to  stop  the  rioting,  and  in  some  cases  stood  by  and 
watched  the  looting  of  Muslim  property,  although  they  did  deter  physical  harm  to 
Muslims  themselves.  An  estimated  42  mosques  were  damaged  or  destroyed  through- 
out the  country.  The  Government  restricted  freedom  of  movement.  Thousands  of 
citizens  fled  army  attacks  against  insurgents,  and  remained  in  refugee  camps  in 
Thailand  at  years  end.  Discrimination  against  women  and  ethnic  minorities,  vio- 
lence against  women,  trafficking  in  women  and  girls,  and  widespread  adult  and 
child  prostitution  are  problems.  The  Government  restricts  worker  rights,  bans 
unions,  and  uses  forced  labor  for  public  works  and  to  produce  food  for  military  garri- 
sons. The  forced  use  of  citizens  as  porters  by  the  army — with  attendant  maltreat- 
ment, illness,  and  even  death  for  those  compelled  to  serve — remained  a  common 
practice.  The  Government  did  not  enforce  1996  military  directives  to  cease  the  prac- 
tice of  forced  civilian  labor,  and  the  practice  remains  widespread.  Child  labor  is  also 
a  problem.  The  use  of  forced  civilian  labor  on  projects  appeared  to  decrease. 

During  the  SLORC's  antiinsurgency  operations,  military  forces  were  responsible 
for  arbitrary  killings,  rape,  village  relocations,  the  destruction  of  homes  and  prop- 
erty, and  forced  labor  inflicted  on  ethnic  minorities. 

msurgent  forces  committed  numerous  abuses,  including  killings,  rapes,  and  other 
atrocities. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  continued  to  be  many  credible 
reports  of  brutality  and  the  killing  of  civilians  by  soldiers,  particularly  in  areas 
dominated  by  ethnic  minorities.  Brutal  treatment  by  soldiers  also  caused  deaths 
among  those  impressed  as  military  porters  in  areas  held  by  ethnic  insurgents.  In 


691 

February  soldiers  detained  approximately  50  NLD  leaders  and  members  from 
Toungoo  in  Rago  Division.  Of  this  group,  14  persons  were  forced  into  porterage; 
three  persons  reportedly  died  as  a  result.  In  May  in  Bago  Division,  soldiers  detained 
a  group  of  36  NLD  members  from  Kyaukyi.  Eight  persons  were  taken  eis  porters; 
one  of  them  died  while  working  as  a  porter.  The  Government's  general  disregard 
for  human  rights  has  created  a  climate  that  is  clearly  conducive  to  such  abuses. 

TTie  military  forces  disregard  the  safety  of  noncombatants,  and  thousands  of  refu- 
gees continue  to  flee  into  nei^boring  Thailand. 

Various  insurgent  groups  also  committed  extrajudicial  killings. 

b.  Disappearance. — As  in  previous  years,  private  citizens  and  political  activists 
continued  to  "disappear^  temporarily,  for  periods  ranging  from  several  hours  to  sev- 
eral weeks.  DDSI  officials  usually  apprehended  individuals  for  questioning  without 
the  knowledge  of  their  family  members.  In  many,  although  not  all  cases,  they  re- 
leased them  soon  afterward.  Such  action  was  usually  intended  to  prevent  free  politi- 
cal expression  or  assembly.  At  the  same  time,  large  numbers  of  persons  continued 
to  be  forcibly  seized  by  soldiers  for  porterage  or  related  duties,  often  without  the 
knowledge  of  their  family  members.  The  whereabouts  of  those  conscripted,  as  well 
as  of  prisoners  transferred  for  labor  or  porterage  duties,  remain  unknown. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  authorities  routinely  subjected  detainees  to  harsh  interrogation  techniques  de- 
signed to  intimidate  and  disorient.  The  most  common  forms  of  mistreatment  were 
sleep  and  food  deprivation  coupled  with  around-the-clock  questioning;  some  detain- 
ees were  also  kicked  and  beaten.  Political  detainees  were  held  incommunicado  for 
long  periods.  Credible  reports  continue  that  prisoners  are  forced  to  squat  or  assume 
stressful,  uncomfortable,  or  painful  positions  for  lengthy  periods. 

There  continued  to  be  credible  reports  that  security  forces  subjected  ordinary  citi- 
zens to  harassment  and  physical  abuse.  The  military  forces  routinely  confiscated 
property,  cash,  and  food,  and  used  coercive  and  abusive  recruitment  methods  to  pro- 
cure porters.  Those  forced  into  porterage  or  other  duties  faced  extremely  difficult 
conditions  and  mistreatment  that  sometimes  resulted  in  death  (see  Section  l.a.). 
There  were  many  reports  that  soldiers  raped  women  who  were  members  of  ethnic 
minorities 

Prison  conditions  remained  harsh.  The  regimen  at  Insein  Prison  near  Rangoon  re- 
mained extremely  harsh  including  the  lack  of  exercise,  mosquito  nets,  and  reading 
materials  for  some  prisoners,  poor  nutrition,  inadequate  medical  care,  and  the  use 
of  solitary  confinement  and  "doggie  cells,"  (small  enclosures  that  remind  citizens  of 
kennels  used  during  World  War  II)  as  punishment.  A  small  number  of  prominent 
political  prisoners  were  housed  in  separate  bungalow  accommodations  on  the  prison 
compound.  All  prisoners  were  usually  permitted  to  receive  medicine  as  well  as  sup- 
plemental food  brought  by  their  families  during  15-minute  visits  permitted  every  2 
weeks,  although  there  are  occasional  reports  that  guards  demand  bribes  for  that 
privilege. 

Concutions  for  political  prisoners  were  reported  to  be  much  harsher  at  some 
upcountry  locations  than  in  Rangoon;  Thayet  and  Thayawaddy  prisons  are  cited 
most  often  in  this  regard.  In  April  the  authorities  transferred  approximately  150 
prisoners — including  59  NLD  members — from  Insein  to  upcountry  prisons.  The  inev- 
itable consecjuence  for  most  prisoners  of  the  transfer  from  Rangoon  was  additional 
hardship  in  the  form  of  reduced  access  to  family  support,  food,  medicine,  and  cloth- 
ing. However,  there  have  been  reports  that  prison  conditions  for  a  number  of  politi- 
cal prisoners  improved  late  in  the  year. 

U  Tin  Shwe  (Monywa),  a  former  NLD  central  executive  committee  member,  died 
in  Insein  prison  on  June  8.  A  founding  member  of  the  NLD,  Tin  Shwe  had  been 
arrested  in  1990  and  was  serving  an  18-year  sentence  when  he  died  of  heart  disease 
at  age  68.  After  receiving  cardiac  treatment  at  Insein  Hospital  in  April,  his  family 
asked  the  authorities  to  allow  specialists  to  see  Tin  Shwe  outside  the  prison;  how- 
ever, authorities  denied  permission.  After  prolonged  deterioration,  he  died  in  cus- 
tody, the  sixth  NLD  member  to  die  in  prison  since  1988.  In  September  the  authori- 
ties did  provide  timely  medical  treatment  to  NLD  founding  member  U  Win  Tin, 
Aung  San  Suu  Kvi's  cousin,  Cho  Aung  Than,  Dr.  Aung  Sint,  and  three  other  politi- 
calprisoners  at  Rangoon  General  Hospital. 

The  Government  does  not  permit  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — There  is  no  provision  in  the  law  for  judi- 
cial determination  of  the  legality  of  detention.  The  SLORC  routinely  practiced  arbi- 
trary arrest  and  incommunicado  detention.  Prior  to  being  charged,  detainees  rarely 
had  access  to  legal  counsel  or  their  families  and  political  detainees  have  no  oppor- 
tunity to  obtain  release  on  bail.  Political  detainees  are  held  incommunicado  for  long 
periods.  Even  after  being  charged,  detainees  rarely  have  benefit  of  counsel. 


692 

As  in  1996,  the  authorities  carried  out  a  campaign  of  detention  and  intimidation 
to  prevent  the  NLD  from  holding  a  party  conference.  Prior  to  the  NLD's  planned 
celebration  on  May  27  to  mark  tne  seventh  anniversary  of  the  1990  election,  the 
SLORC  detained  more  than  300  NLD  Members  of  ParUament-Elect  (M.P.'s-Elect) 
and  activists  outside  Rangoon  and  threatened  others  to  prevent  them  from  attend- 
ing the  event.  Although  the  authorities  subsequently  released  all  the  detainees, 
their  detentions  violated  the  NLD's  right  as  a  legal  party  to  hold  a  political  gather- 
ing (see  Section  2.b.). 

In  February  the  authorities  arrested  four  prominent  NLD  M.P.'s-Elect — all  of 
whom  are  medical  doctors — on  charges  that  appeared  designed  to  harass  them  be- 
cause of  their  afliliation  with  the  NLD.  One  doctor,  who  is  also  a  party  organizer 
for  Rangoon  Division,  was  jailed  for  40  days  on  charges  of  operating  a  clinic  without 
a  license;  eventually  he  was  able  to  prove  that  he  had  applied  for  a  license.  While 
charges  against  the  physician  and  two  of  his  colleagues  were  later  dismissed  for  lack 
of  evidence,  another  physician  with  ties  to  the  NLD  was  convicted  on  a  suspected 
false  charge  of  "negligent  homicide"  and  sentenced  to  4  years  in  prison.  He  had 
given  an  injection  to  a  vagrant  who  ignored  his  advice  to  seek  immediate  treatment 
in  a  hospital  and  subsequently  died. 

The  military  forces  forcibly  seized  citizens  to  serve  as  porters  during  military  op- 
erations; at  times  the  brutal  treatment  that  they  suffered  caused  the  death  of  such 
persons  (see  Sections  l.a.,  l.b.,  and  I.e.). 

Forced  exile  is  not  used  as  a  method  of  political  control.  However  in  1990,  when 
the  SLORC  refused  to  recognize  the  results  of  the  elections  and  pressured  successful 
candidates  to  resign,  some  candidates,  as  well  as  thousands  of  political  activists,  re- 
sponded by  going  mto  exile  rather  than  face  threats. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  not  independent  of  the  executive. 
The  SLORC  names  justices  to  the  Supreme  Court  who,  in  turn,  appoint  lower  court 
judges  with  the  approval  of  the  SLORC.  Pervasive  corruption  further  serves  to  un- 
dermine the  impartiality  of  the  justice  system. 

The  court  system,  as  inherited  from  the  United  Kingdom  and  subsequently  re- 
structured, comprised  courts  at  the  township,  district,  state,  and  national  levels. 
Throughout  the  year,  the  Government  continued  to  rule  by  decree  and  was  not 
bound  by  any  constitutional  provisions  providing  for  fair  public  trials  or  any  other 
rights.  Although  remnants  of  the  British-era  legal  system  were  formally  in  place, 
the  court  system  and  its  operation  remained  seriously  flawed,  particularly  in  the 
handling  of  political  cases.  Unprofessional  behavior  by  some  court  officials,  the  mis- 
use of  overly  broad  laws,  and  the  manipulation  of  the  courts  for  political  ends  con- 
tinued to  deprive  citizens  of  the  right  to  a  fair  trial  and  the  rule  oi  law. 

Some  basic  due  process  rights,  including  the  right  to  a  public  trial  and  to  be  rep- 
resented by  a  defense  attorney,  were  generally  respected,  except  in  political  cases 
that  authorities  deemed  especially  sensitive.  Defense  attorneys  are  permitted  to  call 
and  cross-examine  witnesses,  but  their  primary  purpose  is  to  bargain  with  the  judge 
to  obtain  the  shortest  possible  sentence  for  their  clients.  Most  court  proceedings  are 
open  to  the  public.  However,  in  political  cases,  trials  are  held  in  courtrooms  on  pris- 
on compounds  emd  are  not  open  to  the  public.  In  these  instances,  defense  counsel 
appears  to  serve  no  purpose  other  than  to  provide  moral  support,  since  reliable  re- 
ports indicate  that  verdicts  are  dictated  by  higher  authorities. 

The  arrest  and  conviction  of  three  associates  of  Aung  San  Suu  Kyi  illustrates  the 
opaque  nature  of  the  judicial  process  under  the  SLORC  regime,  which  denies  de- 
fendants in  political  cases  the  right  to  a  fair  public  trial.  In  June  the  SLORC  ar- 
rested Cho  Aung  Than,  his  sister  Nge  Ma  Ma  Than,  and  her  husband,  Myint  Swe. 
Authorities  tried  and  sentenced  them  to  10  years  in  prison  on  charges  of  Sinlawful 
association"  and  of  allegedly  having  assisted  foreigners  (representatives  of  non- 

g)vemmental  organizations  (NGO's))  in  transferring  money  to  Aung  San  Suu  Kyi. 
ho  Aung  Than  and  Nge  Ma  Ma  Than  are  Aung  San  Suu  Kyi's  cousins.  A  fourth 
alleged  coconspirator,  Myo  Aung  Thant,  was  also  sentenced  to  10  years'  imprison- 
ment, in  addition  to  life  imprisonment  for  alleged  involvement  in  terrorist  attacks. 
These  included  a  package  bomb  killing  of  the  daughter  of  SLORC  official  Tin  Oo 
in  April.  The  closed  and  opaque  judicial  process  in  these  cases  cast  serious  doubt 
on  the  legitimacy  of  the  proceedings. 

In  December  the  SLORC  commuted  the  sentences  of  those  prisoners  serving  terms 
longer  than  10  years.  Approximately  60  students  and  political  prisoners  arrested  be- 
tween 1988  and  1992  had  their  sentences  reduced,  making  them  eligible  for  release 
within  the  next  few  years. 

There  are  unconfirmed  estimates  of  as  many  as  1,000  political  prisoners.  Since 
May  1996,  at  least  340  political  prisoners  have  oeen  arrested;  most  remain  confined. 
Of  the  total,  93  are  students,  18  are  NLD  parliamentarians-elect,  and  229  are  NLD 
members,  supporters,  and  activists.  Of  this  total,  52  students,  all  the  parliamentar- 


693 

ians-elect,  and  110  NLD  members  and  supporters  have  been  tried  and  sentenced. 
The  status  of  the  remaining  persons  in  custody  is  not  known. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
military  authorities  ruled  unchecked  by  any  outside  authority,  and  the  State  contin- 
ued to  interfere  extensively  and  arbitrarily  in  the  lives  of  private  citizens.  Through 
its  extensive  intelligence  network  and  atmunistrative  procedures,  the  Government 
closely  monitored  the  travel  and  activities  of  many  citizens,  particularly  those 
known  to  be  politically  active.  Authorities  sometimes  enter  homes  during  night 
hours  to  check  registration  documents  of  occupants  as  a  form  of  monitoring  personal 
movements.  Security  personnel  selectively  screened  private  correspondence  and  tele- 
phone calls  and  conducted  warrantless  searches  of  private  premises  and  other  prop- 
erty. At  times  the  Government  attempted  to  jsLva  foreign  radio  broadcasts,  and  citi- 
zens were  generally  unable  to  subscribe  directly  to  foreign  publications  (see  Section 
2.a.).  Government  employees  are  generally  required  to  obtain  advance  permission 
before  meeting  with  foreigners. 

The  military  services  forced  citizens-including  women  and  children-to  work  as 
military  porters  under  harsh  conditions  (see  Sections  l.a,  l.b.,  and  l.g.). 

To  maxe  way  for  commercial  or  public  construction,  and  in  some  cases  for  security 
reasons,  the  SLORC  continued  to  move  people  out  of  cities  to  peripheral  new  town 
settlements,  although  on  a  smaller  scale  than  during  the  early  1990's.  While  facili- 
ties in  some  of  these  areas  have  improved  over  time,  residents  targeted  for  displace- 
ment continued  to  be  given  no  option  but  to  move,  usually  on  short  notice.  The  mili- 
tary authorities  also  continued  the  widespread  and  frequent  practice  of  forcible  relo- 
cation of  rural  villages  in  ethnic  minority  areas  in  response  to  security  concerns. 
This  practice  was  particularly  widespread  and  egregious  in  the  Shan,  Kayah,  and 
Karen  states,  where  tens  of  thousands  of  villagers  were  displaced  or  herded  into 
smaller  settlements  in  strategic  areas. 

In  a  number  of  urban  areas,  residents  were  compelled  to  cede  land  for  road- widen- 
ing projects  approved  without  any  public  consultation  or  endorsement.  Other  long- 
term  city  residents  were  required  to  cede  land  for  commercial  redevelopment  and 
were  compensated  at  only  a  fraction  of  the  value  of  their  lost  homes.  For  example, 
the  Government  forced  residents  in  the  Hledan  market  area  of  Rangoon  to  relocate 
to  make  way  for  an  apartment  complex  without  paying  compensation  for  their 
homes;  residents  were  given  the  option  to  buy  new  apartments  outside  the  city.  In 
rural  areas,  military  personnel  at  times  confiscated  livestock  and  food  supplies.  The 
armed  forces  also  forcibly  relocated  many  villages  and  citizens  during  its  campaign 
against  insurgents  (see  Section  l.g.). 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— For  nearly  5  decades,  the  army  has  battled  diverse  ethnic  insurgencies. 
These  ethnic  minority  insurgent  groups  have  sou^t  to  gain  greater  autonomy,  or 
in  some  cases,  independence  from  the  dominant  ethnic  Burman  majority.  In  1989 
the  SLORC  began  a  policy  of  seeking  cease-fire  agreements  with  most  ethnic  insur- 
gent groups  along  the  borders. 

FoUcwing  the  l)reakdown  of  its  cease-fire  with  the  separatist  Karenni  National 
Progressive  Party  (KNPP)  in  1995,  the  army  began  an  offensive  in  1996  against  the 
KNPP  that  continued  through  year's  end.  As  pajrt  of  its  campaign  to  deny  the  guer- 
rillas local  support,  the  military  forces  forcibly  relocated  hundreds  of  villages  and 
tens  of  thousands  of  Karenni  civilians.  In  central  and  southern  Shan  state,  the  mili- 
tary forces  continued  to  engage  the  Shan  United  Revolutionary  Army  (SURA),  a 
remnant  of  Khun  Sa's  narcotics-linked  former  Mong  Tai  Army,  and  began  a  cam- 
paign of  relocation  against  the  villagers  in  the  region.  Many  thousands  have  been 
forced  to  move  from  tneir  villages.  There  are  credible  reports  of  retaliatory  killings, 
rapes,  and  other  atrocities  committed  by  the  army  against  civilians. 

The  Karen  National  Union  (KNU)  is  the  largest  single  insurgent  group  that  con- 
tinues to  fi^t  against  central  government  rule.  In  January  the  fourth  round  of 
cease-fire  talks  between  the  KNU  and  the  SLORC  broke  down.  In  February  the 
army  launched  an  offensive  that  pushed  the  KNU  out  of  its  last  strongholds  in 
Karen  state.  The  KNU  lost  control  of  most  of  its  former  territory  along  the  Thai 
border.  As  a  result,  over  20,000  Karen  civilians  fled  to  Thailand. 

In  coryunction  with  the  military's  campaigns  against  the  Karen,  Karenni,  and 
Shan  insurgents,  it  was  standard  practice  for  the  military  forces  to  coerce  civilians 
into  working  as  porters  in  rural  areas  in  or  near  combat  zones.  According  to  testi- 
mony collected  by  international  human  rights  NGO's  from  refugees,  the  men — and 
sometimes  women  and  children  as  well — who  were  forced  to  labor  as  porters  often 
suffered  beatings  and,  on  occasion,  died  as  a  result  of  their  mistreatment  by  soldiers 
(see  Sections  l.a,  l.b.,  and  I.e.).  There  were  reports  that  soldiers  raped  female  mem- 
bers of  ethnic  minorities  in  contested  areas. 


694 

In  the  regions  controlled  by  insurgent  groups  engaged  in  narcotics  trafficking,  ci- 
vilians were  reliably  reported  to  have  been  subjected  to  forced  labor  as  well  by  those 
groups. 

Antigovemment  insurgent  groups  were  also  responsible  for  violence,  including  the 
deployment  of  Ijind  mines  that  caused  both  civilian  and  military  deaths.  The  SURA 
insurgents  conunitted  retaliatory  killings,  rapes,  and  other  atrocities  against  civil- 
ians. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Government  continued  to  impose  severe  re- 
strictions on  freedom  of  speech  and  of  the  press.  The  security  services  continued  to 
harass  and  repress  those  attempting  to  express  opposition  poUtical  views,  and  many 
more  refrained  from  speaking  out  for  fear  of  arrest,  interrogation,  and  other  forms 
of  intimidation.  Since  late  1996,  the  authorities  have  prohibited  the  weekend  gath- 
erings in  front  of  Aung  San  Suu  Kyi's  residence  at  which  she  and  NLD  vice-chair- 
men Tin  Oo  and  Kyi  Maung  formerly  responded  to  letters  from  the  public  and  deliv- 
ered speeches.  Barriers  blocking  access  to  her  residence  remained  in  place  during 
the  year,  and  her  freedom  to  leave  her  compound  or  to  receive  visitors  was  severely 
restricted. 

The  government  monopoly  television,  radio,  and  newspaper  media  remained  prop- 
aganda instruments.  These  official  media  normally  did  not  report  opposing  views  ex- 
cept to  criticize  them.  Editors  and  reporters  remained  answerable  to  nulitaiy  au- 
thorities. While  the  English  language  daily  New  Li^t  of  Myanmar  continued  to  in- 
clude many  heavily  edited  international  wire  service  reports  on  foreign  news,  do- 
mestic news  hewed  strictly  to  and  reinforced  government  policy. 

All  forms  of  domestic  public  media  were  oflicially  controlled  or  censored.  This 
strict  control  in  turn  encouraged  self-censorship  on  the  part  of  writers  and  publish- 
ers. Citizens  were  generally  unable  to  subscribe  directly  to  foreign  publications,  but 
a  limited  selection  of  foreign  newspapers  could  be  purchased  in  a  few  hotels  and 
stores  in  Rangoon  (see  Section  l.f ).  A  limited  supply  of  intemationsd  news  maga- 
zines and  a  sizable  number  of  private  publications  on  nonpolitical  issues  were  avail- 
able to  the  public,  but  censors  frequently  banned  issues  or  deleted  articles  deemed 
unwelcome  by  the  Government. 

Monthly  press  conferences  that  had  begun  La  August  1996  were  suspended  by  the 
Government  in  April.  Prior  to  that  time,  most  known  foreign  journalists,  including 
television  crews,  had  been  able  to  obtain  visas  to  visit  and  report  on  developments, 
although  authorities  sometimes  monitored  and  restricted  their  movements.  The 
Government  issued  few  visas  to  journalists  after  April. 

Foreign  radio  broadcasts,  such  as  those  of  the  British  Broadcasting  Corporation, 
Voice  01  America,  Radio  Free  Asia,  and  the  Norway-based  Democratic  Voice  of 
Burma,  remained  the  principal  sources  of  uncensored  information.  The  authorities 
at  times  attempted  to  jam  or  otherwise  interfere  with  the  reception  of  these  broad- 
casts (see  Section  l.f.).  They  also  continued  to  restrict  the  reception  of  satellite  tele- 
vision broadcasts.  Penalties  of  up  to  3  years'  imprisonment  for  operation  of  an  unli- 
censed satellite  television  receiver  can  be  imposed.  Licenses,  however,  were  almost 
impossible  to  obtain  by  citizens,  although  some  ignored  the  licensing  regulation. 

A  series  of  totalitarian  decrees  issued  by  the  Government  in  1996  designed  to 
strengthen  its  control  over  all  forms  of  political  expression  and  citizens'  access  to 
information  remained  in  force  during  the  year.  Order  5/96  in  1996  prohibited 
speeches  or  statements  that  "undermine  national  stability"  as  well  as  the  drafting 
of  alternative  constitutions.  A  1996  amendment  to  the  television  and  video  law  im- 
posed additional  restrictions  and  stiffer  penalties  on  the  distribution  of  videotapes 
not  approved  by  the  censor.  Also  in  1996,  the  Government  decreed  that  all  comput- 
era,  software,  and  associated  telecommunications  devices  would  be  subject  to  govern- 
ment registration.  The  law  required  government  permission  for  all  communications 
by  computer.  The  Government  bars  most  Internet  services  to  citizens.  During  the 
year,  the  authorities  granted  permission  to  one  Internet  service  company  to  provide 
only  electronic  mail  services  to  any  citizen  on  a  fee  basis. 

University  teachers  and  professors  remained  subject  to  the  same  restrictions  on 
freedom  of  speech,  political  activities,  and  publications  as  other  government  employ- 
ees. These  included  warnings  against  criticism  of  the  Government;  instructions  not 
to  discuss  politics  while  at  wore;  strictures  against  joining  or  supporting  political 
parties;  engaging  in  political  activity;  or  meeting  foreigners.  Teachers  continued  to 
be  held  responsible  for  propagating  SLORC  political  goals  among  their  students  and 
for  maintaining  discipline  and  preventing  students  from  engaging  in  any  unauthor- 
ized political  activity. 

Following  student  demonstrations  in  December  1996,  the  Government  closed  the 
universities  and  even  primary  and  secondary  schools  to  prevent  further  demonstra- 


695 

tions.  While  the  primary  and  secondary  schools  reopened  in  August,  most  univer- 
sities remained  closed  at  year's  end. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Government  restricts  free- 
dom of  assembly.  Its  prohibition  of  unauthorized  outdoor  assemblies  of  more  than 
five  persons  remained  in  effect,  albeit  unevenly  enforced.  The  10  existing  legal  polit- 
ical parties  remained  formally  required  to  request  permission  from  the  authorities 
to  hold  internal  meetings  of  their  members,  although  some  members  still  met  with- 
out official  permission. 

The  SLOnC's  repression  of  the  NLD  continued;  it  forcibly  closed  NLD  offices 
upcountry  and  harassed  NLD  members  for  petty  offenses,  forced  NLD  members  to 
work  as  porters,  and  arrested  and  convicted  NLD  supporters  for  political  crimes,  es- 

Eeclally  those  associated  personally  with  NLD  General  Secretary  Aung  San  Suu 

In  May  the  authorities  blocked  the  NLD's  attempt  to  hold  a  party  congress  on  the 
anniversary  of  the  1990  elections.  It  temporarily  detained  or  threatened  the  deten- 
tion of  over  300  party  members  living  outside  Rangoon,  and  sealed  off  access  to 
Aung  San  Suu  Kyi's  compound. 

However,  in  September  the  authorities  abruptly  suspended  their  policy  and  per- 
mitted the  NLD  to  convene  a  party  congress  on  the  occasion  of  the  ninth  anniver- 
sary of  the  party's  founding.  Although  the  authorities  barred  several  hundred  per- 
sons from  attending,  more  than  700  delegates  participated  in  the  congress,  the  larg- 
est gathering  held  by  the  NLD  since  1990.  The  authorities  permitted  several  public 
gatherings  of  NLD  members  and  supporters  on  various  holidays,  with  little  or  no 
interference.  While  the  authorities  allowed  holiday  celebrations  to  take  place  in 
Aung  San  Suu  Kyi's  compound,  police  restricted  the  size  of  the  gatherings.  The  sus- 

eension  of  restrictions  was  temporary,  however,  and  subsequent  meetings  outside 
er  compound  were  blocked.  Most  universities  remained  closed,  and  police  prevent 
student  demonstrations. 

The  Government's  mass  mobilization  organization,  the  Union  Solidarity  and  De- 
velopment Association  (USDA),  continued  to  hold  large-scale  rallies  in  support  of 
government  policies.  In  many  cases  it  coerced  attendance,  using  implicit  or  explicit 
uireats  of  penalties  for  those  staying  away.  There  were  no  reported  incidents  in 
which  the  authorities  interfered  with  religious  groups'  assemblies  or  other  outdoor 
gatherings  during  the  year. 

The  Government  restricts  freedom  of  association.  Aside  from  ofiiciaUy  sanctioned 
organizations  like  the  USDA,  the  right  of  association  existed  only  for  organizations, 
including  trade  associations  and  professional  bodies,  permitted  by  law  and  duly  reg- 
istered with  the  Government.  Only  a  handful  continue  to  exist,  and  even  those  are 
subject  to  direct  government  intervention  and  take  special  care  to  act  in  accordance 
with  government  policy.  This  group  includes  apolitical  organizations  such  as  the 
Myanmar  Red  Cross  and  the  Myanmar  Medical  Association.  Only  10  political  par- 
ties remained  at  year's  end,  compared  with  15  in  1992. 

c.  Freedom  of  Religion. — Adherents  of  all  religions  duly  registered  with  the  au- 
thorities generally  enjoyed  freedom  to  worship  as  they  chose;  however,  the  Govern- 
ment imposed  some  restrictions  on  certain  religious  minorities.  In  recent  years, 
Buddhists  continued  to  enjoy  a  privileged  position.  The  Government  has  made  spe- 
cial eflbrts  to  link  itself  with  Buddhism  as  a  means  of  asserting  its  own  popular  le- 
gitimacy. Photographs  of  SLORC  officials  paying  homage  or  making  donations  at 
pagodas  throughout  the  country  appear  regularly  in  the  official  newspaper. 

The  Government  monitored  the  activities  of  members  of  all  religions,  in  part  be- 
cause congregation  members  have  in  the  past  become  politically  active.  The  authori- 
ties continued  to  regard  the  Muslim  and  Christian  religious  minorities  with  sus- 
f)icion.  Moreover,  there  is  a  concentration  of  Christians  among  some  of  the  particu- 
ar  ethnic  minorities  against  whom  the  army  has  fought  for  decades.  Religious  pub- 
lications, like  secular  ones,  remained  subject  to  control  and  censorship.  Christian  bi- 
bles translated  into  indigenous  languages  could  not  be  imported  or  printed  legally, 
although  this  ban  is  not  enforced  in  some  areas.  It  remained  difficult  for  Christian 
and  Muslim  groups  to  obtain  permission  to  build  new  churches  and  mosques.  In 
March  authorities  did  little  to  halt  attacks  on  Muslims  by  Buddhists  monks  (see 
Section  5). 

Religious  groups  of  all  faiths  were  able  to  establish  and  maintain  links  with  core- 
ligionists in  other  countries  and  travel  abroad  for  religious  purposes;  however,  the 
Government  reportedly  monitored  these  activities.  Foreign  religious  representatives 
usually  were  allowed  visas  only  for  short  stays  but  in  some  cases  were  permitted 
to  preach  to  congregations.  Permanent  foreign  missionary  establishments  have  not 
been  permitted  since  the  1960's,  but  seven  Catholic  nuns  and  four  priests  working 
in  Burma  since  before  independence  in  1948  have  been  allowed  to  continue  their 
work. 


696 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^Although  citizens  have  the  legal  right  to  live  anywhere  in  the  country, 
Doth  urban  and  rural  residents  were  subject  to  arbitrary  relocation  (see  Section  l.f.). 
Except  for  limitations  in  areas  of  insurgent  activity,  citizens  could  travel  freely  with- 
in the  country  but  had  to  notify  local  authorities  of  their  whereabouts.  The  Govern- 
ment restricted  the  freedom  of  movement  of  NLD  General  Secretary  Aung  San  Suu 
Kyi  (see  Section  2.a.).  Those  residents  unable  to  meet  the  restrictive  provisions  of 
the  citizenship  law,  such  as  ethnic  Chinese,  Arakanese,  Muslims,  ana  others  had 
to  obtain  prior  permission  to  travel.  The  (jovemment  carefully  scrutinized  prospec- 
tive travel  abroad.  This  produced  rampant  corruption  as  many  applicants  were 
forced  to  pav  large  bribes  to  obtain  passports  to  which  they  were  otherwise  entitled. 
The  official  board  that  reviews  passport  applications  denied  passports  in  some  cases 
apparently  on  political  grounds.  All  college  graduates  who  oDtained  a  passport  (ex- 
cept for  certain  government  employees)  were  required  to  pay  a  special  education 
clearance  fee  to  reimburse  the  (jovemment.  Citizens  who  had  emigrated  legally  gen- 
erally were  allowed  to  return  to  visit  relatives,  and  some  who  had  lived  abroad  ille- 
gally and  acquired  foreign  citizenship  were  able  to  return  to  visit.  The  Government 
on  occasion  restricts  the  issuance  oi  passports  to  young  female  applicants  seeking 
work  abroad,  reportedly  to  prevent  young  women  from  being  enticed  to  travel 
abroad  to  jobs  that  are  in  fact  in  the  commercial  sex  industry. 

Restrictions  on  foreign  travelers  have  been  eased  as  part  of  an  effort  to  promote 
tourism.  Burmese  embassies  issued  tourist  visas,  valid  for  1  month,  within  24  hours 
of  application.  However,  select  categories  of  applicants,  such  as  foreign  human 
rights  advocates,  journalists,  and  political  figures,  continued  to  be  denied  entry  visas 
unless  traveling  under  the  aegis  of  a  sponsor  acceptable  to  the  Government,  and  for 
purposes  approved  by  the  (jovemment.  Although  some  areas  of  the  country  re- 
mained closed  to  foreigners  for  security  reasons,  the  authorities  permitted  travel  to 
most  other  destinations.  Rangoon-based  diplomats  generally  must  apply  10  days  in 
advance  for  travel  outside  the  capital. 

At  year's  end,  there  were  still  21,000  Rohingya  Muslims  remaining  in  refugee 
camps  in  Bangladesh.  The  U.N.  High  Commissioner  for  Refugees'  (UNHCR's)  repa- 
triation program,  which  since  1992  had  succeeded  in  returning  approximately 
238,0(X)  refiigees  to  Burma  and  had  been  scheduled  to  end  on  August  15,  halted  pre- 
maturely when  the  Rohingyas  as  a  group  rejected  repatriation  and  demanded  reset- 
tlement in  Bangladesh.  The  Rohingyas  refused  to  return  because  they  feared  human 
rights  abuses,  including  religious  persecution  and  other  government  restrictions. 
The  UNHCR  reported  that  authorities  cooperated  in  investigating  isolated  incidents 
of  renewed  abuse  of  repatriated  citizens.  However,  returnees  complained  of  restric- 
tions imposed  by  the  (jovemment  on  their  ability  to  travel  and  to  engage  in  eco- 
nomic activity. 

A  few  thousand  students  and  dissidents  continued  to  live  in  exile  in  Thailand.  The 
more  than  100,(X)0  Burmese  residing  in  refugee  camps  in  Thailand  were  joined  dur- 
ing the  year  by  thousands  of  new  arrivals  fleeing  army  attacks  against  insurgencies 
in  the  Karen,  Karenni  and  Shan  ethnic  areas. 

The  (jovemment  does  not  allow  refugees  or  displaced  persons  from  abroad  to  re- 
settle or  seek  safe  haven.  The  (jovemment  has  not  formulated  a  policy  concerning 
refiigees,  asylees,  or  first  asylum,  and  it  is  not  a  party  to  the  1951  U.N.  Convention 
Relating  to  the  Status  of  Refugees  or  its  1967  protocol. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Despite  the  overwhelming  desire  that  citizens  demonstrated  in  the  1990  elections 
for  a  return  to  democracy,  tney  continued  to  be  denied  the  right  to  change  their  gov- 
ernment. Since  1988  active  duty  military  officers  have  occupied  most  important  po- 
sitions throughout  the  Government,  particularly  at  the  policy  making  level,  but  also 
extending  to  local  administration.  Despite  the  appointment  of  several  civilians  to 
the  Cabinet  in  1992,  the  policy  of  placing  military  or  recently  retired  military  offi- 
cers in  most  key  senior  level  positions  in  all  ministries  has  continued  unabated.  In 
the  SPDC  (jovemment  formea  in  November,  only  12  of  the  41  ministers  appointed 
are  civilians. 

Following  the  NLD's  victory  in  the  1990  elections,  the  SLORC  nullified  the  elec- 
tion results  and  disqualified,  detained,  arrested,  or  drove  into  exile  many  successful 
candidates.  Since  then,  236  of  the  392  NLD  deputies  elected  have  either  been  dis- 
qualified, resigned  under  pressure,  gone  into  exile,  been  detained,  or  died.  Approxi- 
mately 31  successful  candidates  from  the  election  remain  in  prison. 

Rather  than  eiccept  the  will  of  the  citizenry  as  expressed  in  the  1990  election,  the 
SLORC  convened  a  National  Convention  in  January  1993  to  draw  up  principles  for 
a  new  constitution.  The  SLORC  hand-picked  most  delegates,  and  carefully  stage- 


697 

managed  the  proceedings;  even  limited  opposition  views  were  ignored.  The  SLORC 
tasked  the  Convention  with  drafting  a  new  constitution  designed  to  provide  a  domi- 
nant role  for  the  military  services  in  the  country's  future  political  structure.  In  No- 
vember 1995,  the  NLD  delegates  withdrew  from  the  Convention  pending  agreement 
by  the  authorities  to  discuss  revising  the  Convention's  working  procedures  to  permit 
debate  and  meaningful  participation  in  formulation  of  a  new  constitution.  Two  days 
after  its  withdrawal  the  NLD  was  formally  expelled.  The  National  Convention  con- 
tinued its  deliberations  until  it  adioumed  in  March  1996.  It  has  not  reconvened.  The 
provisions  that  it  adopted  were  designed  to  ensure  the  large-scale  involvement  of 
the  military  services  in  all  levels  of  government — including  reserving  25  percent  of 
seats  in  the  Parliament  to  appointed  members  of  the  military  services,  and  reserv- 
ing key  government  posts  for  military  personnel  as  well.  In  addition,  it  adopted  pro- 
visions that  prohibited,  cmiong  other  things,  anyone  "under  acknowledgment  of  alle- 
giance" to  a  foreigner  or  who  has  received  any  type  of  assistance  from  a  foreign 
source,  from  participating  in  the  Government,  these  provisions  were  apparently  de- 
signed to  exclude  Aung  San  Suu  Kyi,  who  is  married  to  an  Englishman  and  who 
won  the  Nobel  Peace  Prize  in  1991. 

Women  and  minorities  are  underrepresented  in  the  top  ranks  of  government  serv- 
ices and  excluded  from  military  leadership.  Members  of  certain  minority  groups  con- 
tinue to  be  denied  full  citizenship  (see  Section  5). 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  does  not  allow  domestic  human  rights  organizations  to  exist,  and 
it  remained  generally  hostile  to  outside  scrutiny  of  its  human  rights  record.  Dis- 
turbed by  the  severe  criticism  contained  in  1995  resolutions  adopted  by  the  U.N. 
Human  Rights  Commission  (UNHRC),  the  authorities  refused  to  meet  with  UNHRC 
representatives  during  the  year.  In  his  February  report  to  the  UNHRC,  Special 
Rapporteur  for  Burma,  Rajsoomer  Lallah,  who  was  ref>eatedly  denied  entry  into  the 
country,  criticized  the  human  rights  violations  committed  against  ethnic  minorities 
as  a  result  of  the  SLORC's  policy  of  forcible  relocations  and  continued  recourse  to 
forced  labor  and  citizens'  forced  labor  as  porters. 

Approximately  14  nonpolitical,  humanitarian,  international  NGO's  continued 
project  work.  A  few  others  established  a  provisional  presence  while  undertaking  the 
protracted  negotiations  necessary  to  set  up  permanent  operations  in  the  country. 

TTie  International  Committee  of  the  Red  Cross  was  unable  to  negotiate  its  return 
after  closing  its  office  in  1995. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Government  continued  to  rule  by  decree  and  was  not  bound  by  any  constitu- 
tional provisions  concerning  discrimination. 

Women. — Violence  against  women,  including  spousal  abuse,  is  infrequent.  Married 
couples  often  live  in  households  with  extended  families,  where  social  pressure  tends 
to  protect  the  wife  from  abuse.  Trafficking  in  women  and  girls  remains  a  serious 
problem. 

There  were  reliable  reports  that  many  women  and  children  in  border  areas,  where 
the  (Jovemment's  control  is  limited,  were  forced  or  lured  into  worising  as  prostitutes 
in  Thailand.  It  is  unknown  how  many  young  women  have  been  induced  or  coerced 
into  working  as  prostitutes,  but  a  common  practice  is  to  lure  young  women  to  Thai- 
land with  promises  of  employment  as  a  waitress  or  domestic  servant.  The  military 
forces  continued  to  impress  women  for  military  porterage  duties,  and  there  were 
many  reports  of  rape  of  ethnic  minority  women  by  soldiers  (see  Sections  I.e.  and 

l.g.). 

In  general  women  have  traditionally  enjoyed  a  high  status,  exercising  most  of  the 
same  Dasic  rights  as  men  and  taking  an  active  role  in  business.  Consistent  with  tra- 
ditional culture,  women  keep  their  names  after  marriage  and  often  control  family 
finances.  However,  women  remained  underrepresented  in  most  traditional  male  oc- 
cupations, and  a  few  professions  continued  to  be  effectively  barred  to  women.  The 
burden  of  poverty,  which  is  particularly  widespread  in  rural  areas,  fell  dispropor- 
tionately on  women.  The  Gkjvemment  restricts  foreign  travel  by  young  women  (see 
Section  2.d.). 

Women  did  not  consistently  receive  equal  pay  for  equal  work.  There  were  no  inde- 
pendent women's  rights  organizations,  and  no  government  ministry  was  specificaUy 
charged  with  safeguarding  women's  interests.  The  Myanmar  Maternal  and  Child 
Welfare  Association,  a  government-controlled  agency,  provided  assistance  to  moth- 
ers. A  professional  society  for  businesswomen,  the  Myanmar  Women  Entrepreneurs' 
Association,  formed  in  1995,  provided  loans  to  new  businesses.  A  government-con- 


698 

trolled  agency,  the  All  Myanmar  Women's  Affairs  Committee,  signed  an  inter- 
national convention  to  eliminate  discrimination  against  women. 

Children. — Despite  various  child  welfare  programs,  the  Government  allocated  few 
resources  to  programs  for  children.  According  to  government  studies  conducted  with 
UJ^.  assistance,  although  education  is  compulsory,  65  to  75  percent  of  children  do 
not  finish  primary  school,  and  only  5  percent  complete  secondary  school. 

Child  prostitution  of  young  females,  especially  those  from  the  ethnic  minority 
Shan  state  sent  or  lured  to  Thailand,  continued  to  be  a  major  problem.  The  rising 
incidence  of  HIV  infection  has  increased  the  demand  for  supposedly  "safer"  younger 
prostitutes. 

Religious  Minorities. — Anti-Muslim  violence  erupted  in  March.  Buddhist  monks 
attacked  Muslims  and  their  property  in  Mandalay,  and  the  attacks  spread  to  other 
cities  including  Rangoon.  Monks  in  Mandalay  and  Rangoon  ransacked  mosques, 
businesses,  and  homes  of  Muslims,  and  the  authorities  did  little  to  prevent  such  at- 
tacks. Authorities  reportedly  killed  one  monk  in  Mandalay  while  the  authorities 
were  dispersing  rioters. 

People  With  Disabilities. — Official  assistance  to  persons  with  disabilities  is  ex- 
tremely limited.  There  is  no  law  mandating  accessibility  to  buildings,  public  trans- 
portation, or  government  facilities.  While  there  are  several  small-scale  organizations 
to  assist  the  disabled,  most  disabled  persons  must  rely  on  their  families  to  provide 
for  their  welfare.  Disabled  veterans  receive  available  benefits  on  a  priority  basis.  Be- 
cause of  land  mine  detonations,  Burma  has  a  very  high  rate  of  amputee  injuries. 

National  / Racial  / Ethnic  Minorities. — Burma's  myriad  ethnic  minorities  have  long 
resented  the  dominance  of  the  country's  Burman  majority.  The  minorities  have  been 
lai^gely  excluded  from  the  military  leadership.  In  recent  years,  the  SLORC  has 
sought  to  pacify  these  ethnic  groups  bv  means  of  negotiated  cease-fires,  grants  of 
limited  autonomy,  and  promises  of  development  assistance. 

The  Government  included  a  large  number  of  ethnic  minority  representatives  in 
the  National  Convention  and  permitted  extended  debate  on  the  issue  of  minority  au- 
tonomy. However,  the  ethnic  minority  populations  continue  to  complain  that  their 
concerns  have  not  been  addressed  adequately  by  the  Government.  Economic  devel- 
opment among  minorities  has  continued  to  lag,  leaving  many  persons  living  at  bare- 
ly subsistence  levels. 

Since  the  focus  of  hostilities  against  armed  insurgencies  has  been  in  the  border 
areas  where  most  minorities  are  concentrated,  those  populations  have  been  dis- 
proportionately victimized  by  the  general  violence  associated  with  the  military 
lorces'  activities.  Even  in  areas  pacified  under  cease-fire  arrangements,  forced  labor, 
village  relocations,  and  other  infringements  on  the  rights  of  ethnic  minorities  con- 
tinue to  be  imposed  by  local  army  commanders. 

Since  only  people  who  can  prove  long  familial  links  to  Burma  are  accorded  full 
citizenship,  ethnic  populations,  such  as  Muslims,  Indians,  and  Chinese,  continued 
to  be  denied  full  citizenship  and  are  excluded  from  government  positions.  Persons 
without  full  citizenship  are  not  free  to  travel  domestically  and  are  barred  from  cer- 
tain advanced  university  programs  in  medicine  and  technological  fields  (see  Section 
2.d.).  Anti-Chinese  and  anti-Muslim  sentiment  remained  widespread. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Free  trade  unions  do  not  exist,  and  even  former  gov- 
ernment-controlled ones  were  dormant.  Strikes  are  rare;  however,  in  December, 
workers  in  a  foreign-owned  textile  factory  in  Pegu  staged  a  successful  4-day  strike. 
Following  the  intervention  of  the  Department  of  Labor,  workers  and  management 
reached  a  compromise  that  included  higher  wages  and  improved  working  conditions. 
In  July  1989,  the  United  States  suspended  Burma's  eligibility  for  trade  concessions 
under  the  Generalized  System  of  Preferences  program,  pending  steps  to  afford  its 
labor  force  internationally  recognized  worker  rights. 

Because  of  its  longstanding  violation  of  International  Labor  Organization  (ILO) 
Convention  87  on  Freedom  of  Association,  Burma  was  again  cited  for  noncompliance 
by  the  June  1997  ILO  Conference  which  characterized  the  situation  as  "particularly 
grave." 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers  do  not  have  the 
right  to  organize  and  bargain  collectively  to  set  wages  and  benefits.  The  Govern- 
ment's Central  Arbitration  Board,  which  theoretically  provides  a  means  for  settling 
major  labor  disputes,  continued  to  exist  but  in  practice  was  dormant.  Township-level 
labor  supervisory  committees  exist  to  address  minor  labor  concerns. 

The  Government  unilaterally  sets  wages  in  the  public  sector.  In  the  private  sector, 
wages  are  set  by  market  forces.  The  Government  pressures  joint  ventures  not  to  pay 
salaries  greater  than  those  of  ministers  or  other  senior  employees.  Some  joint  ven- 
tures circumvent  this  with  supplemental  pay,  including  remuneration  paid  in  for- 


699 

eign  exchange  certificates,  as  well  as  through  incentive  and  overtime  pay  and  other 
fnnge  benefits.  Foreign  firms  generally  set  wages  near  those  of  the  domestic  private 
sector  but  follow  the  example  of  joint  ventures  in  awarding  supplemental  wages  and 
benefits. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^Forced  or  compulsory  labor  re- 
mains a  serious  problem.  In  March  following  an  investigation  of  the  country's  forced 
labor  practices,  the  European  Union  Commission  revoked  benefits  under  the  Gener- 
alized System  of  Preferences.  In  recent  years,  the  SLORC  has  increasingly  supple- 
mented declining  gross  investment  with  uncompensated  people's  "contributions," 
chiefly  of  forcedlabor,  to  build  or  maintain  irrigation,  transportation  and  tourism 
infrastructure  projects.  During  1996  the  Government  introduced  an  initiative  to  use 
military  personnel  for  infrastructure  projects.  This  initiative  and  the  increasing  use 
of  heavy  construction  equipment  resulted  in  a  decline  during  1996-1997  in  the  use 
of  unpaid  labor  on  physical  infrastructure  projects,  especially  for  irrigation  projects 
and  railroad  building.  Nonetheless,  there  were  credible  reports  that  the  use  of  forced 
labor  remained  widespread  throughout  the  country. 

TTie  army  continued  to  force  citizens — including  women  and  children — to  work  as 
porters,  which  led  to  mistreatment,  illness,  and  death  in  military  actions  against 
ethnic  insurgents  (see  Sections  l.a.,  I.e.,  and  l.g.).  The  Government  does  not  specifi- 
cally prohibit  forced  and  bonded  labor  by  children.  While  bonded  labor  is  practiced, 
forced  labor  occurs  in  military  porterage  and  in  situations  in  which  a  family  or 
household  is  reqruired  to  contribute  labor  to  a  particular  project,  and  the  children 
are  called  upon  by  parents  to  help  fulfill  that  obligation,  without  opposition  by  the 
Government. 

In  March  the  governing  board  of  the  ILO  established  a  Commission  of  Inquiry  to 
investigate  Burma  for  its  violation  of  ILO  Convention  29  on  forced  labor.  The  com- 
plaint accuses  the  Government  of  the  systematic  use  of  forced  labor. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Although 
the  law  sets  a  minimum  age  of  13  for  the  employment  of  children,  in  practice  the 
law  is  not  enforced.  Working  children  are  hi^ly  visible  in  cities,  mostly  working 
for  small  or  family  enterprises,  and  in  family  agricultural  activities  in  the  country- 
side. Children  are  hired  at  lower  pay  rates  than  adults  for  the  same  kind  of  work. 
Arts  and  crafts  is  the  only  sector  producing  for  the  export  market  that  employs  a 
significant  number  of  children.  Despite  a  compulsory  education  law,  almost  40  per- 
cent of  children  never  enroll  in  school,  and  only  25  to  35  percent  complete  the  5- 
year  primary  school  course.  The  Government  does  not  specifically  prohibit  forced 
and  bonded  labor  by  children.  While  bonded  labor  is  not  practiced,  lorced  labor  by 
children  occurs  (see  section  6.c.). 

e.  Acceptable  Conditions  of  Work. — Surplus  labor  conditions  and  lack  of  protection 
by  government  authorities  continue  to  dictate  substandard  conditions  for  workers, 
despite  recent  annual  economic  growth  of  at  least  5  percent.  The  Law  on  Fundamen- 
tal Workers  Rights  of  1964  and  the  Factories  Act  of  1951  regulate  working  condi- 
tions. There  is  a  legally  prescribed  5-day,  35-hour  workweek  for  employees  in  the 
public  sector  and  a  6-day,  44-hour  workweek  for  private  and  state  enterprise  em- 
ployees, with  overtime  paid  for  additional  work.  The  law  also  allows  for  a  24-hour 
rest  period  per  week,  and  workers  have  21  paid  holidays  a  year.  Such  provisions 
actually  affect  only  a  small  portion  of  the  country's  labor  force. 

Only  government  employees  and  employees  of  a  few  traditional  industries  are  cov- 
ered by  minimum  wage  provisions.  The  minimum  monthly  wage  for  salaried  public 
employees  is  $2.50  (600  kyats).  This  sum  is  supplemented  by  various  subsidies  and 
allowances.  The  minimum  wage  does  not  provide  a  worker  with  a  decent  standard 
of  living.  The  low  level  of  pay  in  public  employment  fosters  widespread  corruption. 
The  government  minimum  wage  for  day  labor  is  $0.08  (20  kyats).  Workers  in  the 
private  sector  are  much  better  paid.  The  actual  average  wage  rate  for  casual  labor- 
ers in  Rangoon  in  1997  was  ten  times  the  official  minimum.  Wage  increases  contin- 
ued to  lag  far  behind  inflation. 

Numerous  health  and  safety  regulations  exist,  but  in  practice  the  Government  has 
not  made  the  necessary  resources  available  to  enforce  the  regulations,  although 
workers  may  in  principle  remove  themselves  from  hazardous  conditions,  in  practice 
workers  cannot  expect  to  retain  their  jobs  if  they  do  so. 


CAMBODIA 

Cambodia's  fourth  year  under  democratic  rule  was  disrupted  by  political  violence 
that  undermined  the  principles  of  the  1991  Paris  peace  agreements,  led  to  over  100 


700 

deaths,  and  cast  serious  doubt  on  the  representative  nature  of  the  Government.  Fol- 
lowing the  signing  of  the  agreements  in  1991,  United  Nations-sponsored  elections 
in  1993  produced  a  coalition  government  composed  primarily  of  the  royalist 
FUNCINPEC  (National  United  Front  for  a  Neutral,  Peaceful,  Cooperative,  and 
Independent  Cambodia)  party,  which  won  the  plurality  of  votes  in  the  1993  elec- 
tions, and  the  Cambodian  People's  Party  (CPP),  which  had  ruled  the  country  since 
the  defeat  of  the  Khmer  Rouge  by  the  Vietnamese  army  in  1979.  On  July  5  and 
6,  this  coalition  collapsed  after  months  of  escalating  political  tensions  and  partisan 
violence,  when  forces  loyal  to  Second  Prime  Minister  Hun  Sen  of  the  CPP  defeated 
FUNCINPEC  forces  loyal  to  First  Prime  Minister  Prince  Norodom  Prince  Ranariddh 
in  Phnom  Penh.  The  CPPs  decisive  military  victory  ousted  Ranariddh  from  power. 
The  fiditing  was  followed  by  a  period  in  which  CPP  militants  sought  out  additional 
FUNCINPEC  security  and  political  officials,  some  of  whom  they  executed  and  others 
they  detained.  In  a  campaign  of  fear  and  intimidation  throughout  many  parts  of  the 
country,  CPP  personnel  searched  many  homes  and  offices  and  detained  numerous 
FUNCINPEC  members.  This  led  to  widespread  flight  by  other  FUNCINPEC  person- 
nel who  feared  further  retaliation.  Some  leading  FUNCINPEC  politicians  and  other 
politicians  allied  with  FUNCINPEC  joined  Prince  Ranariddh,  who  had  left  the  coun- 
try just  before  the  fighting  began,  in  self-imposed  exile  abroad.  In  a  process  flawed 
by  political  intimidation,  remaining  National  Assembly  members  in  August  ap- 

6 roved  the  choice  of  Foreign  Minister  Ung  Huot  (FUNCINPEC)  to  replace  Prince 
anariddh  as  First  Prime  Minister.  King  Norodom  Sihanouk  remains  the  constitu- 
tional monarch  and  Head  of  State.  Most  power  lies  within  the  executive  branch;  the 
National  Assembly  does  not  offer  a  significant  check  to  executive  power,  and  the  ju- 
diciary is  not  independent. 

Although  seriously  weakened  following  massive  defections  in  1996,  the  Khmer 
Rouge  continued  to  wage  a  mostly  low  level  guerrilla  insurgency  against  the  Gov- 
ernment. FUNCINPEC-led  negotiations  nearly  succeeded  in  securing  the  defection 
of  the  remaining  Khmer  Rouge  forces  to  the  FUNCINPEC  side  by  June,  exacerbat- 
ing political  tensions  with  the  CPP.  Since  the  July  violence,  Khmer  Rouge  troops 
have  cooperated  with  resistance  forces  loyal  to  FUNCINPEC  against  government 
troops  in  the  northwest.  Internal  Khmer  Rouge  dissent  appeared  to  increase.  In 
June  top  official  Son  Sen  was  killed  during  a  internal  Khmer  Rouge  purge  and 
Khmer  Rouge  leader  Pol  Pot  was  purportedly  subjected  to  a  trial  in  July  by  a  rival 
Khmer  Rouge  faction. 

The  police  have  primary  responsibility  for  internal  security,  but  the  Royal  Cam- 
bodian Armed  Forces  (RCAF),  including  the  military  police,  also  have  domestic  secu- 
rity responsibilities,  (jovemment  efforts  to  improve  police  and  RCAF  performance 
were  hampered  by  political  factionalism  within  the  forces  and  by  budgetary  limita- 
tions. Members  of  the  security  forces  committed  numerous  human  ri^ts  abuses. 

Cambodia  has  a  mariiet  economy  in  which  approximately  80  percent  of  the  popu- 
lation of  10  million  engage  in  subsistence  farming,  with  rice  as  the  principal  crop. 
Annual  per  capita  gross  domestic  product  is  approximately  $300.  Foreign  aid  is  an 
important  component  of  national  income.  Economic  growth  stalled  following  the  July 
violence,  with  decreases  in  business  and  tourist  activity. 

The  human  rigjits  situation  deteriorated  markedly  during  and  after  the  July 
lighting.  Military  and  police  personnel  were  responsible  for  at  least  55  extrajudicied 
killings  in  connection  with  the  violence.  In  addition  16  persons  were  killed  and  more 
than  1(X)  wounded  in  a  grenade  attack  in  March  by  unknown  persons  on  an  opposi- 
tion political  rally.  No  one  was  ofliciallv  changed.  There  were  credible  reports  that 
memners  of  the  security  forces  tortured,  beat,  and  killed  some  detainees  neld  after 
the  events  in  July.  The  (jovemment  rarely  prosecuted  members  of  the  security 
forces  for  human  rights  abuses.  Prison  conditions  declined  from  already  poor  levels. 
Arbitrary  arrest,  prolonged  detention,  and  infringement  on  citizens'  privacy  rights 
were  serious  problems,  particularly  during  the  July  fighting  and  in  the  month  that 
followed.  Political  factions  engaged  in  violent  attacks  against  journalists  and  intimi- 
dation of  the  opposition.  An  atmosphere  of  political  intimidation  prompted  a  number 
of  the  Government's  opponents  to  flee  the  country,  go  into  hiding,  or  exercise  self- 
censorship.  The  Government  lacked  the  political  will  and  the  resources  to  act  effec- 
tively against  persons,  particularly  members  of  the  military  services,  suspected  of 
being  responsible  for  human  rights  abuses.  Democratic  institutions,  especially  the 

iudiciary,  remain  weak.  The  judiciary  is  subject  to  influence  by  the  executive 
>ranch,  and  is  marred  by  inefficiency,  a  lack  of  training,  a  shortage  of  resources, 
and  corruption  related  to  low  wages.  Politically  related  crimes  were  rarely  brought 
to  court.  Citizens  were  effectively  denied  the  right  to  a  fair  trial.  Some  detainees 
underwent  particularly  egregious  violations  of  the  protections  against  arbitrary  de- 
tention. 


701 

The  Government  sometimes  limits  press  freedom  and  fear  of  Government-directed 
violence  against  the  press  created  a  climate  that  encouraged  self-censorship  by  some 
journalists.  The  number  of  newspapers  critical  of  the  Government  decreased  imme- 
diately after  the  July  violence,  although  the  number  later  increased  and  at  year's 
end  exceeded  the  pre-July  level.  Some  newspapers  that  continued  to  publish  muted 
their  editorial  views.  A  prominent  opposition  party,  the  Khmer  Nation  Party  (KNP), 
was  subjected  to  a  grenade  attack  in  March.  The  Government  limited  freedom  of 
assembly.  Domestic  violence  against  women  and  abuse  of  children  are  common.  The 
ethnic  Vietnamese  minority  faced  widespread  social  discrimination  and  some  acts  of 
violence  by  the  Khmer  Rouge;  people  with  disabilities  also  faced  discrimination.  The 
Government  does  not  adequately  enforce  existing  legal  provisions  against  antiunion 
discrimination.  Forced  labor,  including  forced  labor  by  children,  is  a  problem. 

Citizens  living  in  areas  controlled  by  the  Khmer  Rouge  were  denied  virtually  all 

}>olitical  rights  and  were  subject  to  serious  abuses  by  its  leadership.  Khmer  Rouge 
brces  committed  numerous  extrajudicial  killings  and  were  responsible  for  dis- 
appearances, forced  labor,  and  restriction  of  freedom  of  speech,  the  press,  assembly, 
association,  religion,  and  movement. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — According  to  one  human  rights  non- 
governmental organization  (NGO),  during  the  first  half  of  the  year  there  were  25 
reported  killings.  Military  and  police  officials  were  implicated  in  approximately  half 
these  attacks.  For  example,  in  a  June  incident  in  Kompong  Cham  town,  a  soldier 
shot  and  killed  a  truck  driver  after  sand  from  the  driver's  sand  truck  fell  into  his 
food.  Another  NGO  investigated  3  cases  involving  6  victims  during  the  first  half  of 
the  year,  including  a  February  incident  involving  five  FUNCINPEC  police  officers 
who  were  arrested,  then  shot  by  troops  loyal  to  the  CPP  in  Rattanak  Mondul  dis- 
trict, Battambang  province.  The  Rattanak  Mondul  incident  took  place  during  a  pe- 
riod of  general  partisan  poUtical  tension  and  violence  in  Battambang  province. 

During  a  March  30  grenade  attack  at  a  KNP  rally  protesting  the  legal  system, 
16  protesters  were  killed  and  over  100  were  wounded.  Approximately  200  dem- 
onstrators had  gathered  in  front  of  the  National  Assembly  in  Phnom  Penh  to  join 
the  rally,  which  was  approved  by  the  Ministry  of  Interior.  Unidentified  attackers 
threw  four  grenades  into  the  crowd  before  fleeing  on  foot;  security  personnel  sta- 
tioned neeir  the  site  allegedly  prevented  bystanders  from  pursuing  the  attackers. 

The  U.N.  Center  for  Human  Rights  (UNCHR)  documented  at  least  55  cases  of  po- 
litically motivated  extrajudicial  killings  countrywide  between  July  2  and  year's  end. 
The  UNCHR  also  identified  up  to  19  other  cases  of  probable,  but  unconfirmed, 
killings  during  the  same  period.  Much  of  this  information  was  corroborated  by  local 
human  rights  NGO's.  Although  these  killings  were  associated  with  the  July  political 
violence,  the  figures  cited  exclude  combat  deaths. 

There  was  no  evidence  to  indicate  a  systematic  countrjrwide  government  campaign 
to  purge  political  or  military  officials.  However,  FUNCINPEC  miUtaiy  officials  loyal 
to  Prince  Ranariddh  constituted  the  majority  of  the  victims.  In  particular,  military 
personnel  associated  with  the  pro-FUNCENPEC  Moulinaka  Resistance  Force,  which 
had  operated  from  1979  until  1993  on  the  border  with  Thailand,  appeared  to  be  sin- 
gled out  for  attack  during  the  July  violence.  Although  the  Moulinaka  group  was  ab- 
sorbed into  the  RCAF  following  the  1993  elections,  the  majority  of  its  members  re- 
mained loyal  to  FUNCINPEC. 

Among  the  41  confirmed  FUNCINPEC  officials  killed  during  the  July  violence 
was  Interior  Ministry  Secretary  of  State  Ho  Sok,  who  'vas  arrested  by  government 
security  forces  in  Phnom  Penh  on  July  7.  Sok  died  later  that  day,  reportedly  from 
two  gunshot  wounds  while  in  government  custody.  Government  officials  have  ac- 
knowledged that  Sok's  death  took  place  while  he  was  in  government  custody.  Fol- 
lowing the  establishment  of  a  government  commission  on  the  Sok  case  on  July  14, 
three  Interior  Ministry  officials  were  suspended  for  having  providing  inadequate  se- 
curity for  Sok;  they  were  later  reinstated.  No  one  has  been  arrested  or  prosecuted 
in  connection  with  Sok's  murder,  although  CPP  Interior  Minister  Sar  Kheng  stated 
in  late  September  that  the  identity  of  the  murderer  is  known  and  that  he  intended 
to  have  him  arrested. 

On  June  17,  local  militia  killed  ethnic  Vietnamese  Huynh  Van  Nui,  Nguyen  Thi 
Loi,  and  Huynh  Van  Non.  They  had  apprehended  the  three  on  their  fishing  boat 
on  the  Tonle  Sap  lake.  No  one  was  convicted  in  connection  with  the  killings,  due 
in  part  to  historical  associations  linking  Vietnam  with  the  CPP. 

On  July  8,  RCAF  intelligence  official  General  Chao  Samboth,  Defense  Ministry 
Secretary  of  State  General  Krouch  Yoeum  and  approximately  30  of  their  staff"  were 


702 

captured  by  troops  from  the  CPP-allied  911th  paracommando  regiment  in  Oudong 
district,  Kompong  Speu  province.  Samboth  and  Yoeum,  both  of  FUNCINPEC,  were 
separated  from  the  group.  Military  sources  informed  human  rights  groups  that  the 
two  were  shot  and  killed  later  that  day  by  soldiers  who  acted  on  orders  from  the 
RCAF  general  staff.  No  one  has  been  chained  in  the  killings. 

On  «mly  15,  human  rights  workers  discovered  a  cremation  site  in  Konipong  Speu 
containing  the  remains  of  at  least  6 — and  possibly  up  to  22 — FUNCINPEC  soldiers 
killed  during  and  after  the  July  fighting.  Ashes  and  manacles  found  at  the  site  were 
determined  to  be  those  of  four  FUNCINPEC  soldiers  whose  bodies  had  been  deliv- 
ered to  the  area  bv  soldiers  from  the  RCAF  44th  regiment  on  July  11.  The  bodies 
had  been  crematea  on  July  11.  Later,  human  rights  workers  discovered  the  freshly 
buried  corpses  of  two  other  men  at  the  site.  Both  had  been  handcuffed,  blindfolded^ 
and  had  sustained  bullet  wounds  to  the  head.  According  to  human  rights  groups, 
the  6  bodies  were  part  of  a  group  of  up  to  22  captured  FUNCINPEC  soldiers  exe- 
cuted and  burned  by  Division  44  soldiers  at  the  site  on  July  9. 

In  August  provincial  soldiers  in  Au  district,  Konipong  Speu  province,  arrested  four 
men,  villagers  Sok  Vanthom  and  Haim  Bek  and  Khmer  Rouge  defectors  Sou  Si  and 
Sou  Sal.  Only  Sou  Si  was  armed.  Two  days  after  the  arrest,  local  residents  saw 
Vanthom  and  Sal  near  their  village,  bound  and  bearing  marics  of  torture.  The 
disemboweled  and  mutilated  bodies  of  Vanthom  and  Sal  were  located  by  relatives 
5  days  after  their  arrest;  Bek  and  Si  reportedly  escaped  and  are  in  hiding.  No  one 
has  been  charged  in  connection  with  the  Killings. 

In  December  near  Phnom  Penh,  human  rights  NGO's  found  the  bodies  of  Chea 
Chsmthoeun  and  Var  Savath.  Both  were  officers  in  the  border  police  patrol  and 
FUNCINPEC  members.  They  reportedly  were  beaten  then  strangled  on  December 
24,  after  being  summoned  to  their  superior's  office. 

In  December  two  men  reportedly  wearing  military  uniforms  shot  and  killed  police 
official  Kong  Vannak  in  his  home  in  Kompong  Cham  province. 

Security  and  police  forces  were  implicated  in  many  of  the  July  killings;  however, 
authorities  made  few  arrests  and  prosecutions  in  connection  with  these  extrajudicial 
killings,  due  to  a  combination  of  ineffective  law  enforcement,  intimidation  of  civilian 
authorities  by  military  personnel,  political  intimidation  and  pressure,  and  in  some 
cases  flawed  legal  proceedings. 

Security  forces  also  killed  journalists  (see  Section  2.a.). 

In  September  KNP  official  Srun  Vong  Vannak  and  two  other  persons  were  tried 
and  convicted  of  the  1996  killing  of  Interior  Ministry  official  Kov  Samuth,  the  broth- 
er-in-law of  Mrs.  Hun  Sen.  Both  the  arrest  and  the  trial  were  characterized  by  nu- 
merous violations  of  due  process  (see  Section  I.e.). 

The  Khmer  Rouge  continued  to  kill  civilians,  including  11  of  the  15  members  of 
an  official  FUNCINPEC  team  sent  to  contact  Khmer  Rouge  representatives  in  Siem 
Reap  province  in  February. 

b.  Disappearance. — There  were  at  least  13  credible  reports  of  politically  motivated 
disappearances  during  and  following  the  July  5-6  fighting  in  Phnom  Penh.  This 
group  included  six  Khmer  Nation  Party  provincial  activists  and  two  student  leaders. 
In  cases  of  disappearance,  some  persons  are  believed  to  have  been  killed;  others  are 
believed  to  be  in  hiding  or  to  have  escaped  to  the  FUNCINPEC  stronghold  of 
O'smach  near  the  border  with  Thailand. 

Those  missing  include  General  Chea  Rithy  Chhuth,  a  FUNCINPEC  official  who 
served  as  governor  of  Kep  city.  Rithy  Chhuth  was  arrested  with  other  FUNCINPEC 
officials  on  July  7  in  Oudong  district,  Kompong  Speu  province,  and  has  not  been 
seen  since  (see  Section  l.a.).  The  UNCHR  considers  Chhuth's  disappearance  a  "pre- 
sumed execution." 

On  July  7,  FUNCD^EC  Generals  Ly  Seng  Hong  and  Maen  Bun  Thon  and  from 
30  to  40  of  their  staff  were  captured  by  provincial  army  troops  loyal  to  the  CPP  in 
Oudong  district,  Kompong  Speu  province.  The  generals  were  subsequently  trans- 
ferred to  the  provincial  military  subdivision  headquarters  in  Kompong  Speu  and 
have  not  been  seen  since.  The  UNCHR  classifies  the  two  as  victims  of  "presumed 
execution." 

Six  KNP  oflicials,  including  provincial  activists  Put  Som  Ang  and  Sam  Sophan, 
disappeared  after  being  arrested  by  troops  loyal  to  the  CPP  in  Kandal  Stoeng, 
Kandal  province,  on  July  4. 

In  September  the  Government  reported  that  a  total  of  105  FUNCINPEC  police 
officials  disappeared  following  the  July  violence.  The  Government's  information  was 
based  on  reports  from  approximately  one-half  the  provinces.  For  example,  66  police- 
men were  removed  from  police  rolls  in  Kampot  province  after  the  July  fighting;  50 
of  these  were  FUNCINPEC  members,  while  9  were  from  the  Buddhist  Liberal 
Democratic  Party.  The  Government  list  includes  officials  previously  identified  as 
missing  by  the  UNCHR  and  other  human  rights  groups  (see  above).  Human  rights 


703 

workers  believe  that  some  of  the  105  may  have  either  left  the  police  force  or  fled 
the  countrvfollowing  the  fighting.  Others  may  have  been  killed  or  remain  in  hiding. 
The  UNCHR  listed  199  persons  as  missing  at  year's  end. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  and  physical  abuse  of  prisoners;  however,  there 
were  credible  reports  that  military  and  police  officials  used  torture  and  severely 
beat  criminal  detainees,  particularly  during  interrogation.  One  human  rights  NGO 
received  credible  reports  of  30  incidents  of  torture  or  beatings  in  Battambang  prov- 
ince police  stations  during  the  first  half  of  the  year.  Based  on  interviews  with  vic- 
tims m  Battamljang  province,  one  NGK)  identified  8  persons  who  had  been  tortured 
while  in  police  custody  in  Battambang  from  June  tlm)ugh  December.  The  UNCHR 
investigated  32  cases  of  torture  committed  by  security  ofiicials  in  Battambang  prov- 
ince, 28  in  late  1996  and  4  in  1997.  Police  interrogation  of  suspected  criminals  often 
included  torture,  beatings,  blows  with  rifle  butts,  and  whippings.  Another  NGO  doc- 
umented 10  cases  of  torture  during  the  6  months  ending  September  1.  A  human 
rights  NGO  said  that  18  inmates  of  the  Koh  Kong  provincial  prison  reported  that 
they  had  been  tortured  by  police  or  prison  officials,  either  in  police  custody  or  in 
prison.  The  primary  form  of  torture  was  beating. 

In  May  police  arrest  and  beat  four  residents  of  a  dormitory  at  a  Phnom  Penh  gar- 
ment factory  (see  Section  6. a.). 

After  being  arrested  by  local  police  for  a  traffic  violation  in  Kompong  Speu  prov- 
ince, auto  mechanic  Leang  Kephal  was  detained  in  a  1.5-meter  square  outdoor  cage 
for  over  a  month  between  March  and  May.  He  was  subsequently  released  from  the 
cage  and  reportedly  set  free. 

La  the  aftermath  of  the  July  violence,  33  FUNCINPEC  soldiers  were  captured  by 
paratroopers  aligned  with  the  CPP;  they  were  from  RCAF  special  forces  911th  Regi- 
ment in  Oudong  district,  Kompong  Speu  province  (see  Section  l.a.).  The  soldiers 
were  taken  to  Regiment  911  headquarters,  where  they  were  confined  in  a  2-by-6 
meter  storage  room  for  10  days.  The  prisoners  were  allowed  to  leave  the  room  twice 
a  day  to  bathe  and  use  the  toilets.  Because  of  their  unsanitary  confinement  in  close 
quarters,  many  of  the  prisoners  contracted  a  skin  disease.  While  imprisoned,  indi- 
vidual soldiers  were  interrogated  by  Regiment  911  in  an  effort  to  extract  signed  con- 
fessions. Many  of  the  soldiers  reported  various  forms  of  torture  inflicted  by  Regi- 
ment 911  soldiers  during  the  interrogations,  including  beatings  by  belt,  plank,  and 
wooden  table-leg,  kicking  with  combat  boots,  punches,  and  an  iron  vice  used  on 
hands  and  fingers. 

There  were  also  credible  reports  that  FUNCINPEC  military  personnel  arrested 
during  and  after  the  July  violence  were  tortured  by  royal  gendarmerie  forces  at 
their  Phnom  Penh  headquarters.  One  FUNCINPEC  official  was  severely  beaten  to 
elicit  a  forced  confession;  he  remains  in  military  custody.  One  human  rights  NGO 
estimated  that  as  of  August  1  there  were  approximately  2,200  prisoners  taken  dur- 
ing or  after  the  July  fighting.  This  group  was  composed  of  soldiers,  provincial  offi- 
ciSs  and  staff,  party  activists,  and  others. 

Police  used  force  to  break  up  strikes  in  January  and  in  March  (see  Section  6.a.). 
Already-poor  prison  conditions  deteriorated  during  the  year,  (jovemment  efforts  to 
improve  prison  conditions  have  been  hampered  by  lack  of  funds.  Human  rights  orga- 
nizations cited  a  number  of  serious  problems,  including  overcrowding,  food  and 
water  shortages,  malnutrition,  and  poor  security.  One  human  rights  NGO  reported 
that  Phnom  Penh's  judicial  police  prison,  built  to  accommodate  30  prisoners,  nor- 
mally houses  approximately  100  inmates.  Use  of  shackles  and  the  practice  of  hold- 
ing prisoners  in  small,  dark,  cells  continued  in  some  prisons.  At  the  Stung  Treng 
prison,  some  prisoners  are  held  in  2-by— 2  meter  metal  cages  inside  the  prison  build- 
ing. Government  ration  allowances  for  purchasing  prisoners'  food  are  inadequate, 
exacerbating  their  malnutrition.  One  human  rights  group  reported  that  at  least  four 
prisoners  were  killed  by  prison  authorities  in  escape  attempts  during  the  first  half 
of  the  year.  Police  shot  and  killed  two  inmates  and  wounded  another  following  their 
escape  from  Kompong  Thom  prison  in  April. 

Although  the  Government  continued  to  allow  human  rights  groups  to  visit  mili- 
tary prisons  on  a  selective  basis,  one  NGO  reported  that  access  to  some  military 
prisons  was  denied  after  July.  It  is  unclear  if  this  was  centrally  directed;  one  NGO 
reported  that  access  was  denied  for  a  short  time  because  of  the  assignment  of  a  new 
prison  director.  Some  prisons  did  not  allow  guards  to  participate  in  human  rights 
training  provided  by  NGO's. 

There  was  a  reliable  report  that  an  illegal  detention  facility  existed  near  Phnom 
Malai  in  the  Khmer  Rouge  defector  zone  in  the  northwest. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention;  however,  security  forces  continue  to  arrest  and  detain  citizens 
arbitrarily.  A  penal  code  drafted  by  the  U.N.  Transitional  Authority  for  Cambodia 


704 

(UNTAC),  and  approved  by  the  interim  Supreme  National  Council,  remains  in  ef- 
fect, as  does  a  criminal  procedure  law  dating  from  the  State  of  Cambodia  period. 
The  criminal  procedure  law  in  principle  provides  for  adequate  protection  for  crimi- 
nal suspects;  however,  in  practice  the  Government  frequently  ignored  these  provi- 
sions. One  human  rights  NGO  reported  17  cases  of  illegal  detention  and  arrest  com- 
mitted by  police,  military,  or  local  government  authorities  during  the  first  half  of 
the  year. 

Wmle  lengthy  detention  without  charge  is  illegal,  suspects  are  often  held  by  au- 
thorities for  long  periods  before  being  charged.  Accused  persons  are  legally  entitled 
to  a  lawyer,  altnough  in  practice  they  oft«n  have  no  access  to  legal  representation. 
Many  judges  believe  that  lawyers  must  be  appointed  only  in  criminal  felony  cases. 
In  fanulv  cases,  parties  are  frequently  not  informed  about  their  legal  ri^ts  by  the 
courts.  Prisoners  are  routinely  held  for  several  days  before  gaining  access  to  a  law- 
yer or  family  members.  Although  there  is  a  bail  system,  many  prisoners,  particu- 
larly those  without  legal  representation,  often  have  no  opportunity  to  seek  release 
on  bail.  The  introduction  into  the  legal  system  of  a  corps  of  defenders  who  work 
without  fee,  and  who  are  trained  by  NGO's,  resulted  in  significant  improvements 
for  those  defendants  who  were  provided  with  counsel,  including  a  reduction  in  their 
pretrial  detention  period  and  improved  access  to  bail. 

According  to  one  human  rights  NGO,  at  least  200  provincial  FUNCENPEC  offi- 
cials were  arbitrarily  arrested  and  detained  by  government  authorities  allied  with 
the  CPP  during  and  aft«r  the  July  violence.  The  U.N.  Center  for  Human  Ri^ts 
(UNCHR)  confirmed  the  arrests  of  at  least  100  persons,  including  31  in  Prey  Veng, 
20  in  Kompong  Speu,  and  up  to  100  in  Siem  Reap.  For  example,  FUNCINPEC  Colo- 
nel Som  Saroeun  and  his  bodyguards  Sim  Sienh  Vinh  and  Sotr  Vuth  were  arrested 
by  security  forces  loyal  to  the  CPP  in  Kompong  Chhnang  province  on  July  8.  The 
bodyguards  were  released  on  July  10,  while  Saroeun  was  set  free  on  July  28.  In 
Battambang  province,  FUNCINPEC  police  commissioner  Vom  Chun  Ly  and  12 
other  policemen  were  arrested  during  the  July  violence,  but  were  subsequently  re- 
leased. All  the  FUNCINPEC  officials  detained  during  and  aft«r  the  July  violence 
were  reportedly  released  within  2  weeks. 

Over  600  troops  loyal  to  FUNCINPEC  were  arrested  and  held  in  six  locations  in 
Kandal  province  following  the  fighting.  Most  were  reportedly  well  treated,  and  all 
were  subsequently  released  within  3  weeks. 

The  timing  of  at  least  one  criminal  imprisonment  was  politically  motivated.  On 
July  23,  FUNCINPEC  General  Sok  Chantoeun  and  his  wife  were  arrested  by 
Phnom  Penh  police  and  accused  of  having  plotted  the  murder  of  CPP  Interior  Min- 
istry official  Mom  Vuda  in  May.  Chantoeun's  wife  was  later  released,  but  General 
Chantoeun  remains  in  prison  and  had  not  been  brought  to  trial  at  year  s  end. 

Despite  a  Constitutional  ban  on  exile,  the  atmosphere  of  political  fear  and  intimi- 
dation fostered  by  the  July  violence  prompted  about  40  politicians  either  to  flee  the 
country  or  remain  abroad  in  a  state  of  self-imposed  exile.  These  politicians  include 
ousted  first  Prime  Minister  Prince  Norodom  Ranariddh  (FUNCINPEC),  KNP  presi- 
dent Sam  Rainsy,  BLDP  leader  Son  Sann,  and  a  number  of  FUNCINPEC,  BLDP, 
and  KNP  parliamentarians  and  officials.  While  some  of  those  politicians  who  fled 
later  returned  and  resumed  their  political  activity,  others  find  government  assur- 
ances of  their  security  unconvincing  and  remain  abroad. 

A  total  of  14  FUNCINPEC-allied  parliamentarians,  including  Prince  Norodom 
Ranariddh  and  Prince  Norodom  Sirivudh  remained  outside  the  country  at  year's 
end.  At  least  25  additional  FUNCINPEC-allied  political  and  military  figures  were 
in  self-imposed  exile  at  year's  end.  However,  two  groups  of  FUNCINPEC-allied  poli- 
ticians visited  the  country  in  December.  They  were  assisted  by  U.N.  monitors  and 
did  not  encounter  security  problems.  Most  chose  to  leave  the  country  following  their 
st^. 

Also  in  December,  a  group  of  57  FUNCINPEC-allied  party  members  and  their 
families  returned  with  the  assistance  of  the  UNHCR.  All  reportedly  chose  to  remain 
in  the  country. 

Khmer  Nation  party  leader  Sam  Rainsy  conducted  political  activities,  including  a 
peace  march  and  other  public  demonstrations  following  his  return  in  December. 

Former  foreign  minister  Prince  Norodom  Sirivudh  left  the  country  in  1995  rather 
than  face  a  prison  sentence  for  plotting  to  assassinate  second  Prime  Minister  Hun 
Sen.  Prince  Sirivudh's  April  attempt  to  return  to  Cambodia  ended  when  staff  of  a 
commercial  airline  deniea  him  permission  in  Hong  Kong  to  board  his  Phnom  Penh- 
bound  flight,  based  in  part  on  concern  for  the  security  of  Sirivudh  and  other  pas- 
sengers on  the  flight.  The  Government  has  stated  that  Sirivudh  is  free  to  return 
and  face  his  prison  sentence. 

No  legal  system  is  known  to  exist  in  Khmer  Rouge  zones.  Khmer  Rouge  forces 
often  seize  hostages  in  order  to  intimidate  villagers  to  cooperate  with  them. 


705 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary; however,  the  Government  does  not  respect  this  provision  in  practice.  The 
courts  are  subject  to  influence  by  the  executive,  and  there  is  widespread  corruption 
among  judges,  virtually  none  of  whom  receives  a  living  wage. 

The  court  system  consists  of  lower  courts,  an  appeals  court,  and  a  supreme  court. 
The  Constitution  also  mandates  a  constitutional  council,  which  is  empowered  to  re- 
view the  constitutionality  of  laws,  and  a  supreme  council  of  magistrates,  which  ap- 
Klnts  and  disciplines  judges.  Establishment  of  these  two  bodies  has  been  delayed 
protracted  political  wrangling  between  the  two  major  parties  over  their  composi- 
tfon. 

The  1994  law  on  civil  servants  requires  the  courts  to  seek  Ministry  of  Justice  per- 
mission to  prosecute  a  member  of  tne  civil  service,  which  includes  the  police.  The 
Ministry  of  Justice  is  reqpiired,  in  turn,  to  forward  requests  for  prosecution  to  the 
relevant  ministry.  Although  the  military  forces  are  not  covered  under  this  law,  a 
1995  letter  from  the  Council  of  Ministers  states  that  the  civil  servants'  procedure 
may  also  be  followed  for  members  of  the  military  forces. 

Human  rights  groups  indicate  that,  in  practice,  ministries  often  decline  to  respond 
to  the  courts,  or  refuse  their  requests  for  prosecution.  Delays  in  responding  to  the 
courts'  requests  sometimes  allow  those  accused  of  crimes  to  flee  or  otherwise  escape 
prosecution,  leading  to  de  facto  legal  impunity  for  most  government  officials  who 
commit  crimes. 

Although  the  Minister  of  Justice  and  other  senior  government  officials  have  ex- 
pressed an  interest  in  reforming  the  law  to  make  it  easier  for  the  courts  to  prosecute 
civil  servants,  the  Government  nas  not  taken  any  action. 

Trials  are  public.  Defendants  have  the  right  to  be  present  and  to  consult  with  an 
attorney,  to  confront  and  question  witnesses  against  them,  and  to  present  witnesses 
and  evidence  on  their  own  behalf.  However,  trials  are  typically  perfunctory,  and  ex- 
tensive cross-examination  usually  does  not  take  place,  tne  serious  shortage  of  attor- 
neys is  somewhat  alleviated  by  the  provision  of  nonlawyer  defenders  trained  by 
international  human  rights  organizations. 

Defendants  are  also  legally  entitled  to  the  presumption  of  innocence  and  the  right 
of  appeal.  Because  of  extensive  corruption,  however,  defendants  are  oft^n  expected 
to  bribe  the  judge  for  a  favorable  verdict  and  are  therefore  effectively  denied  the 
presumption  of  innocence. 

A  senous  lack  of  resources  and  poor  training  contribute  to  inefficiency  in  the  judi- 
cial branch,  and  in  practice  the  Government  does  not  ensure  due  process.  For  exam- 
ple, judges  often  lack  copies  of  the  laws  on  which  they  are  expected  to  rule.  As  a 
result  of  these  weaknesses,  citizens  were  often  effectively  denied  the  right  to  a  fair 
trial. 

Ongoing  cooperation  between  the  Government,  foreign  donors,  and  NGO's  to  im- 
prove the  legal  system  was  hampered  by  the  July  violence  and  subsequent  suspen- 
sion of  some  assistance  programs. 

In  September  Khmer  Nation  Party  official  Srun  Vong  Vannak  and  two  others 
were  tned  in  Phnom  Penh  for  the  1996  killing  of  Interior  Ministry  official  Kov 
Samuth,  the  brother-in-law  of  Mrs.  Hun  Sen  (see  Section  l.g.).  Although  all  suspects 
are  required  to  be  charged  within  48  hours  of  arrest,  Vannak  was  not  charged  in 
court  until  more  than  2  weeks  following  his  mid-February  arrest  by  police.  In  a  vio- 
lation of  the  criminal  code,  Vannak's  trial  was  held  after  he  had  already  been  de- 
tained for  more  than  6  months.  In  other  legal  violations,  Vannak  was  arrested  with- 
out a  warrant,  detained  in  hotels  and  other  private  locations,  threatened  and  forced 
into  making  a  confession,  and  denied  access  to  a  lawyer  for  over  20  days  after  his 
arrest.  Durmg  the  trial,  the  judge  did  not  allow  Vannak's  lawyer  to  cross-examine 
a  key  witness.  Vannak  received  a  13-year  jail  sentence. 

The  courts  often  pressure  victims  of  crimes  to  accept  small  cash  settlements  from 
the  accused.  When  a  case  does  make  its  way  to  court,  the  verdict  is  often  deter- 
mined by  a  judge  before  the  case  is  heard,  sometimes  on  the  basis  of  a  bribe  paid 
by  the  accuser  or  the  defendant.  Sworn,  written  statements  from  witnesses  and  the 
accused  are  usually  the  extent  of  evidence  presented  in  trials.  Often  these  state- 
ments result  from  beatings  or  threats  by  investigation  officials,  and  illiterate  de- 
fendemts  are  often  not  informed  of  the  content  of  written  confessions  that  they  are 
forced  to  sign.  In  cases  involving  military  personnel,  military  officers  often  exert 
pressure  on  judges  to  have  the  defendant  released. 

The  military  court  system  suffers  from  deficiencies  similar  to  those  of  the  civilian 
court  system. 

There  was  at  least  one  political  prisoner.  In  a  flawed  September  trial,  Khmer  Na- 
tion Party  official  Srun  Vong  Vannak  and  two  others  were  sentenced  to  prison  for' 
their  alleged  roles  in  the  November  1996  murder  of  Kov  Samuth,  the  brother-in-law 
of  Mrs.  Ihin  Sen. 


706 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — ^The 
Constitution  contains  provisions  protecting  the  privacy  of  residence  and  correspond- 
ence and  includes  a  provision  against  illegal  se£irch.  However,  there  were  credible 
reports  that  the  Government  monitored  private  electronic  communications,  includ- 
ing during  police  investigations  of  suspected  criminal  activity. 

The  police  routinely  conducted  warrantless  searches  and  seizures.  In  the  after- 
math of  the  July  violence,  police  and  military  forces  made  numerous  warrantless 
searches  for  weapons  in  private  homes.  Police  engaged  in  house-to-house  searches 
for  journalists  (see  Section  2.a.). 

Beginning  during  the  July  fighting,  there  were  many  unconfirmed  reports  that 
government  ofiicials  and  security  personnel  used  threats  to  discourage  citizens  from 
listening  to  Voice  of  America  Khmer-language  radio  broadcasts. 

The  1997  narcotics  law  included  a  provision  allowing  government  authorities  to 
open  private  mail  without  a  warrant  if  they  suspected  that  the  contents  were  con- 
nectea  with  illegal  drug  activity. 

In  August  Phnom  Penh  municipal  authorities  decreed  that  residents  were  re- 
quired to  report  all  out-of-town  guests  to  local  ofiicials.  There  were  no  punitive 
measures  associated  with  the  regulation,  however.  Citizens  were  largely  free  to  live 
where  they  wished.  There  were,  however,  several  reports  of  land  disputes  involving 
residents,  local  authorities,  and  business  people.  For  example,  in  January  local  offi- 
cials reportedly  forced  some  farmers  off  their  land  by  selling  77  hectares  of  village 
farmland  to  private  businessmen.  Since  the  forced  collectivization  and  genocide  of 
Khmer  Rouge  rule,  and  the  return  of  thousands  of  refugees,  land  ownership  is  often 
unclear. 

In  September  military  ofiicials  carried  out  a  policy  of  forced  conscription  in  Siem 
Reap  province  (see  Section  l.g.). 

The  Government  does  not  systematically  coerce  or  forbid  membership  in  political 
organizations.  However,  there  were  credible  reports  that  government  officials  used 
intimidation  and  threats  to  force  FUNCINPEC  members  to  sign  oaths  of  loyalty  to 
the  CPP. 

Membership  in  the  Khmer  Rouge,  which  is  conducting  an  armed  insurgency 
against  the  Government,  is  illegal.  Membership  in  political  parties  formed  after  the 
UNTAC  era,  including  the  opposition  Khmer  Nation  Party  (KNP),  was  technically 
illegal,  but  tolerated  in  practice  (see  Section  2.b.).  In  December  the  KNP  applied  to 
the  Interior  Ministry  for  registrartion  under  a  process  outline  in  the  Political  Par- 
ties Law  promulgated  in  November.  Since  the  KNP  did  not  receive  a  written  rejec- 
tion from  the  Ministry  within  15  days  of  its  application,  it  is  legally  registered 
under  the  law.  After  registration,  however,  all  parties  must  provide  the  National 
Election  Commission  with  another  application  endorsed  by  4,000  signatures.  Sub- 
mission of  the  signatures  to  the  National  Election  Commission  is  required  before  a 
party  is  allowed  to  participate  in  an  election.  The  Commission  had  not  been  estab- 
lished by  year's  end. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  in  Internal  Con- 
flicts.—At  least  41  officials  allied  to  FUNCINPEC  were  killed  by  forces  loyal  to  the 
CPP  during  the  July  5-6  fitting  and  its  immediate  aftermath  (see  Section  l.a.). 
Following  massive  Khmer  Rouge  defections  in  1996,  skirmishing  between  govern- 
ment and  regular  Khmer  Rouge  forces  diminished  during  the  first  half  of  the  year. 
Following  the  July  violence,  however,  fighting  increased  as  Khmer  Rouge  soldiers 
cooperated  with  FUNCINPEC  troops  loyal  to  First  Prime  Minister  Prince  Norodom 
Ranariddh  in  opposing  government  forces  in  the  northwest.  Civilians  were  killed  or 
wounded  by  indiscriminate  shelling  and  by  land  mines  deployed  by  all  sides. 

The  Khmer  Rouge  burned  and  looted  villages. 

Both  troops  loyal  to  FUNCINPEC  and  to  the  CPP  engaged  in  widespread  looting 
in  Phnom  Penh  during  and  after  the  July  5-6  military  actions. 

There  were  several  credible  reports  that  the  (government  used  boys  as  soldiers  in 
combat.  In  July  human  rights  and  other  observers  identified  boy  soldiers  in  Siem 
Reap  and  Banteay  Meanchey  provinces,  including  a  13-year-old  who  said  that  he 
had  been  in  the  army  for  3  years.  There  were  reports  of  children  being  used  in  para- 
military situations,  including  carrying  ammunition.  Provincial  militia  forces  report- 
edly recruited  children. 

In  September  military  officials  enforced  a  policy  of  forced  conscription  in  Chikreng 
and  Bakong  districts,  Siem  Reap  province.  Conscripts  were  sent  to  fight 
FUNCINPEC  resistance  and  Khmer  Rouge  forces  in  the  northwest.  There  were 
other  credible  reports  of  forced  conscription  in  Battambang  and  Banteay  Meanchey 
provinces. 


707 

Section  2.  Respect  For  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  And  Press. — The  Constitution  provides  for  freedom  of  ex- 

Sression,  press,  and  publication,  but  the  Government  sometimes  limits  press  free- 
om  in  prac±ice.  The  Constitution  implicitly  limits  free  speech  by  requiring  that 
speech  not  adversely  affect  public  security.  The  Constitution  also  declares  that  the 
mng  is  "inviolable.  A  press  law  in  effect  since  1995  provides  journalists  with  a 
number  of  rights,  including  a  prohibition  on  prepublication  censorship  and  protec- 
tion from  imprisonment  for  expressing  opinion.  However,  the  press  law  also  includes 
a  vaguely  worded  prohibition  on  publishing  articles  that  affect  national  security  and 
political  stability. 

In  November  the  Government  allowed  the  opposition  Khmer  language  Neak 
Prayuth,  Antarakum,  and  Sangros  Khmer  newspapers  to  continue  to  publish  after 
their  editors  apologized  to  the  Ministry  of  Information  for  reporting  alleged  viola- 
tions of  the  F*ress  Law's  "national  security"  clause.  Neak  Prayuth  and  Antarakum 
had  already  been  suspended  by  the  Government  for  the  alleged  violations,  while  the 
Government  had  threatened  Sangros  Khmer  with  suspension. 

The  press  remained  highly  partisan,  with  most  newspapers  receiving  financial 
support  from  political  parties.  Following  the  July  violence,  many  newspapers  ceased 
pUDUcation.  According  to  government  reports,  roughly  80  percent  of  the  staff  from 
the  19  non-CPP  newspapers  left  Phnom  Penh  during  and  after  the  fighting. 

Before  July  5,  approximately  40  Khmer-language  newspapers  were  regularly  pub- 
lished in  Phnom  Penh.  Of  these,  19  were  not  affiliated  with  the  CPP.  These  included 
12  pro-FUNCINPEC  newspapers,  6  supported  by  the  KNP,  and  1  allied  with  the 
FUNCINPEC-led  National  United  Front  political  alliance.  At  year's  end,  43  Khmer 
language  newspapers  were  available,  including  9  that  were  critical  of  the  Govern- 
ment. Some  of  the  others  occasionally  criticizea  the  Government. 

In  December  the  Information  Ministry  announced  that  journalists  were  required 
to  cite  at  least  two  government  sources  in  reports  dealing  with  issues  that  could  af- 
fect national  security  or  political  stability. 

Also  in  December,  a  government  official  publicly  accused  an  expatriate  journalist 
of  biased  reporting  and  threatened  to  revoke  his  press  credentials  and  residency 
visa.  There  was  no  legal  basis  for  the  threat.  The  matter  was  resolved  quietly,  and 
the  journalist  was  allowed  to  continue  his  work. 

Early  in  the  vear,  the  Government  denied  a  radio  broadcasting  license  to  the  Son 
Sann  faction  of'^the  BLDP,  stating  that  the  frequency  that  the  party  wished  to  use 
was  already  assigned  to  another  station.  After  the  BLDP  station  began  broadcasting 
without  a  license  on  the  disputed  frequency  in  March,  the  Government  ordered  the 
station  to  stop  broadcasting  on  two  occasions.  The  BLDP  station  continued  to  broad- 
cast until  the  July  fighting,  but  has  since  gone  off  the  air. 

A  FUNCENPEC-controlled  radio  station  was  surrounded  by  troops  loyal  to  the 
CPP  during  the  July  fighting.  After  the  FUNCENPEC  soldiers  guaroing  the  station 
surrendered  and  were  disarmed,  local  residents  looted  the  radio  station,  which  has 
not  begun  rebroadcasting.  Also  in  July,  FUNCINPEC-owned  Channel  9  television 
began  receiving  its  news  broadcasts  from  National  Television  of  Cambodia,  which 
is  now  aliped  with  the  CPP  and  operates  with  reduced  broadcast  hours. 

The  KNP,  which  was  illegal  prior  to  the  passage  of  the  political  parties  law  in 
October  began  the  registration  process.  It  had  earlier  been  denied  permission  by  the 
Government  to  establish  its  own  radio  station.  The  Government  stated  that  it  will 
allow  opposition  parties,  including  the  KNP,  to  establish  radio  stations.  None  had 
been  established,  however,  at  years  end. 

In  September  the  Government  used  the  press  law  to  suspend  publication  of  a 
newspaper  affiliated  with  the  KNP.  The  Government  suspended  the  Prayuth  news- 
paper, known  as  Neak  Prayuth  before  July  5,  for  30  days.  The  Government  claimed 
that  the  Prayuth  had  incorrectly  inflated  RCAF  casualty  figures  in  the  ongoing 
firfiting  with  resistance  forces  in  the  northwest  loyal  to  the  FUNCINPEC. 

There  were  reports  of  several  violent  attacks  against  journalists.  In  January  Leng 
Sam  Ang,  editor  of  the  Komnit  Kon  Khmer  pewspaper,  was  beaten,  shot,  and 
wounded  by  1 1  men  in  military  uniform  while  walking  home  from  a  party  in  Phnom 
Penh.  No  convictions  have  been  made  in  the  case.  There  were  no  arrests.  In  the 
March  grenade  attack  against  a  KNP  demonstration  in  Phnom  Penh,  25  journalists 
were  kiUed  or  wounded  (see  Section  l.a.). 

Chet  Duong  Dara,  former  editor  of  Neak  Prayuth  and  a  member  of  the  KNP  steer- 
ing committee,  died  of  wounds  incurred  during  the  attack.  The  first  two  of  the  four 
grenades  thrown  during  the  attack  landed  near  the  press  pool  reporting  on  the  KNP 
rally,  resulting  in  a  disproportionate  number  of  victims  who  were  journalists. 

In  May  television  technician  Pich  Em  was  killed,  and  two  other  p>ersons  wounded, 
when  a  group  of  armed  men  fired  two  rockets  at  the  provincial  television  station 
in  Sihanoukville.  No  suspects  have  been  identified  in  the  case.  Reports  at  the  time 


708 

alleged  that  FUNCINPEC  official  Serei  Kosal  planned  the  attack  because  the  sta- 
tion refused  to  broadcast  a  speech  by  KNP  president  Sam  Rainsy. 

On  July  7,  Cambodian-Canadian  newsreader  Dok  Sokhun,  also  known  as  Michael 
Senior,  was  shot  and  killed  by  two  soldiers  while  photographing  government  troops 
looting  in  Phnom  Penh. 

There  were  several  reports  of  threats  or  harassment  against  journalists.  In  Feb- 
ruary deputy  governor  oi  Battambang  province  Serey  Kosal  threatened  to  shoot  the 
directors  of  the  provincial  information  and  television  services  if  they  did  not  change 
their  editorial  viewpoint.  Also  in  February,  Chum  Chan  Nan,  son  of  the  President 
of  the  League  of  Cambodian  Journalists,  was  threatened  with  death  by  4  men  in 
military  uniform  on  the  outskirts  of  Phnom  Penh.  While  reporting  on  violence  in 
Phnom  Penh,  journalist  Than  Vutha  of  the  pro-FUNCINraC  Sangkhro  Khmer 
newspaper  was  arrested  by  troops  loyal  to  the  CPP  on  suspicion  of  participating  in 
the  fighting.  He  was  later  released  from  custody  and  reportedly  left  the  country. 
Alao  in  July,  former  Voice  of  America  reporter  Som  Sattana  of  Radio  Free  Asia  left 
the  country  after  receiving  reports  of  threats  against  him. 

During  the  July  violence  and  through  mid-August,  there  were  numerous  credible 
reports  that  government  security  personnel  attempted  to  intimidate  journalists 
through  house-to-house  searches  for  illegal  possession  of  weapons.  However,  there 
were  no  reports  that  any  journalists  were  arrested  or  iry'ured  during  these  searches. 

Based  in  part  on  a  1996  government  directive  instructing  teachers,  including  pri- 
vate school  teachers,  not  to  talk  about  politics  in  class,  the  authorities  inhibited  dis- 
cussion of  some  political  issues  at  the  University  of  Phnom  Penh. 

The  Khmer  Rouge  do  not  allow  freedom  of  speech  or  press  in  zones  that  they  con- 
trol. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly.  Following  the  March  grenade  attack  on  a  KNP  rally 
in  Phnom  Penh  (see  Section  l.a.),  however,  the  Interior  Ministry  cited  security  con- 
cerns in  issuing  a  temporary  ban  on  public  demonstrations.  The  ban  was  never  im- 
plemented. In  August  a  peace  march  sponsored  by  religious  figures  took  place  in 
Phnom  Penh  without  incident.  In  December  the  KNP  sponsored  several  large  public 
events,  including  a  party  congress,  a  peace  march,  and  a  march  to  Kompong  Cham 
province.  AU  took  place  without  security  problems. 

In  January  Phnom  Penh  police  officials  and  other  security  personnel  disrupted  a 
strike  outside  the  Tack  Fat  garment  factory  in  P^nom  Penh.  KNP  secretary  general 
Khieu  Rada  and  the  bodyguard  of  KNP  president  Sam  Rainsy  were  both  injured  bv 
police  during  the  strike.  In  March  municipal  authorities  used  water  cannon  to  break 
up  a  union-oi^anized  demonstration  at  Phnom  Penh's  Supreme  Garment  factory. 

In  February  four  local  militia  soldiers  beat  Suon^  Sun  with  an  ax  in  retahation 
for  his  recent  participation  in  demonstrations  involving  a  land  dispute  in  Prek  They, 
Saang  district,  Kandal  province.  Other  protests,  including  a  February  march  by 
workers  from  Phnom  Penh's  United  Faith  garment  factory,  were  tolerated  by  au- 
thorities, and  took  place  without  incident. 

In  May  a  group  of  citizens  led  by  provincial  officials  destroyed  a  FUNCINPEC 
party  office  in  Ke  Chong  commune,  Rattanakiri  province. 

The  Constitution  provides  for  freedom  of  association;  however,  the  Government 
imposed  some  limits  on  this  right.  There  were  credible  reports  that  government  offi- 
cials forced  FUNCINPEC  members  to  sign  oaths  of  loyalty  to  the  CPP  (see  Section 
l.f.).  Following  the  July  violence,  there  were  multiple  reports  that  FUNCINPEC, 
KNP,  and  Son  Sann  BLDP  party  offices  had  their  signboards  removed.  Various  mo- 
tives were  reported  for  these  actions,  including  harassment  by  political  opponents, 
intrapartv  disputes,  and  party  officials'  fear  oi  being  identified  with  FUNCINPEC 
and  its  afiies.  Membership  in  the  Khmer  Rouge  is  illegal. 

The  National  Assembly  passed  the  Political  Parties  Law  on  October  28. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion  and 
prohibits  discrimination  based  on  religion.  The  Government  respects  this  right  in 
practice.  Buddhism  is  the  state  religion. 

The  Khmer  Rouge  have  traditionally  banned  or  discouraged  religion,  and  contin- 
ued to  do  so. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  (jovemment  does  not  restrict  international  travel  to  or  within  the 
parts  of  the  country  that  it  controls,  although  the  presence  of  land  mines  and  ban- 
dits make  travel  in  some  areas  perilous.  There  were  credible  reports  that  the  Gov- 
ernment urged  Thai  authorities  to  curtail  visa  services  for  Cambodians  wishing  to 
travel  to  Thailand  following  the  July  5-6  fighting,  an  action  that  the  Thai  govern- 
ment took  in  August. 

In  August  and  September,  the  Government  removed  many  of  the  illegal  security 
checkpoints  along  major  highways. 


709 

Following  partisan  fighting  in  the  north  and  northwest,  approximately  50,000  ref- 
ugees left  tne  country  For  temporary  refugee  camps  in  Thailand.  There  were  no  re- 
ports of  refugees  being  involuntarily  forced  by  Thai  authorities  to  return  to  Cam- 
bodia. There  were  reports  of  approximately  5,000  people  internally  displaced  by 
fluting  near  Samlot  in  September.  Internally  displaced  persons  were  allowed  to  re- 
settle in  other  areas,  while  others  crossed  the  boraer  into  Thailand. 

In  October  the  UNHCR  agreed  to  facilitate  the  repatriation  of  Cambodians  v/ho 
fled  to  Thailand.  At  year's  end,  approximately  3,100  refugees  had  been  voluntarily 
repatriated  by  the  UNHCR,  and  there  were  no  reports  of  persecution  or  discrimina- 
tion against  those  who  returned. 

Tens  of  thousands  of  ethnic  Vietnamese  fled  Cambodia  in  early  1993  due  to  racial 
violence  directed  against  Vietnamese.  Many  returned  after  the  elections  of  that 
year,  although  42  individuals  still  remain  stranded  on  the  border  at  Svay  Rieng, 
awaitiBg  final  resolution  of  their  cases. 

The  Government  allows  noncitizens  to  apply  to  the  UNHCR  for  refugee  status. 
The  Government  did  not  provide  first  asylum  d.uring  the  year  and  has  faued  to  take 
action  on  UNHCR  requests  to  issue  refugee  travel  documents.  The  Government  has 
not  yet  fully  formulated  a  policy  regarding  refugees,  asylees,  or  first  asylum.  There 
were  no  reports  that  the  Government  forced  any  persons  to  return  to  another  coun- 
try where  tney  feared  persecution. 

The  Khmer  Rouge,  who  refused  to  comply  with  the  Paris  Accords  by  opening  the 
areas  they  control,  continued  to  restrict  access  to,  from,  and  within  these  zones. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  for  the  right  of  citizens  to  change  their  government, 
and  most  citizens  exercised  this  right  in  1993  by  participating  in  the  U!N. -adminis- 
tered elections.  Citizens  cannot  exercise  this  right  in  areas  controlled  by  the  Khmer 
Rouge. 

National  elections  are  scheduled  to  take  place  in  July  1998.  The  Political  Parties 
law  was  passed  in  October,  and  the  National  Elections  Law  was  passed  in  Decem- 
ber. 

The  legislature  was  weak  in  comparison  with  the  executive  branch  All  legislation 
considered  or  adopted  by  the  National  Assembly  originated  in  the  ministries.  The 
Government  appointed  the  provincial  governors  and  their  deputies,  who  are  gen- 
erally divided  between  the  two  former  coalition  parties.  District  and  commune  offi- 
cials are  also  appointed  by  the  executive  branch;  most  of  these  officials  are  ap- 
pointees from  the  previous  regimes,  the  People's  Republic  of  Kampuchea  and  the 
State  of  Cambodia.  FUNCINPEC  had  complained  that  district  chief  positions  were 
not  equally  divided  between  the  to  major  coalition  parties.  The  Interior  Ministry 
sent  the  communal  election  law  to  the  Council  of  Ministers,  but  at  year's  end  it  had 
not  been  sent  to  the  National  Assembly. 

Traditional  cultural  practices  inhibit  the  role  of  women  in  government.  There  are 
7  women  among  the  120  members  of  the  National  Assembly.  Six  of  the  seven  are 
in  Cambodia.  Although  there  are  no  female  governors  or  cabinet  ministers,  there  are 
a  few  women  at  the  state  secretary  level.  Tnere  are  several  members  of  ethnic  and 
religious  minorities  in  the  Cabinet  and  the  National  Assembly. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  international  and  domestic  human  rights  community,  which  first  began  oper- 
ating under  UNTAC,  operated  in  an  environment  of  fear  and  apprehension  following 
the  July  violence.  Human  rights  organizations  conducted  human  rights  training  for 
military  officers,  villagers,  the  legal  community,  and  other  groups.  These  activities 
continued  after  the  July  violence.  There  are  approximately  40  NGO's  involved  in 
human  rights  activities,  but  only  a  small  portion  of  these  were  actively  involved  in 
organizing  training  programs  or  carrying  out  investigations  of  abuses. 

Several  human  rights  NGO  provincial  employees  reported  that  government  secu- 
rity personnel  followed  them  alter  the  July  fighting.  An  atmosphere  of  intimidation, 
combined  with  an  unsettled  security  situation,  prompted  many  human  rights  work- 
ers to  restrict  their  activities  in  the  immediate  aftermath  of  the  July  events. 

There  were  credible  reports  that  some  humanitarian  organizations  encountered 
bureaucratic  obstruction  in  gaining  access  to  emergency  detention  sites  established 
after  the  July  violence. 

On  July  13,  Second  Prime  Minister  Hun  Sen  issued  a  public  statement  encourag- 
ing respect  for  human  rights  and  called  on  opposition  newspapers  to  begin  publish- 
ing a^ain.  Hun  Sen's  ofnce  cooperated  with  human  rights  workers  in  performing 
their  investigations.  However,  in  August,  Hun  Sen  threatened  to  remove  some  ofli- 


710 

cials  at  the  UNCHR  ofTice  in  Phnom  Penh;  he  claimed  that  they  had  frightened  offi- 
cials allied  with  FUNCINPEC  into  leaving  the  country  following  the  July  fighting. 
He  dropped  this  threat  after  a  September  meeting  in  Phnom  Penh  with  'niomas 
Hammaroeiv,  the  U.N.  Secretary  GJeneral's  Special  Representative  for  Human 
Ri^ts,  in  Phnom  Penh.  Hun  Sen  met  with  a  group  of  human  ri^ts  NGO  leaders 
in  September,  and  called  for  the  creation  of  a  government  commission  to  investigate 
an  August  UNCHR  report.  The  Government  later  assigned  an  interministerial  com- 
mission to  investigate  the  Hammarberg  Report.  At  year's  end,  the  commission  had 
not  presented  any  of  its  findings.  The  national  human  rights  commission  had  not 
been  established  by  year's  end. 

One  NGO  reported  that  in  some  provinces  its  workers  were  no  longer  aUowed  to 
talk  with  pretrial  detainees.  Legal  officials  stated  that  allowing  the  detainees  to 
speak  with  the  NGO  could  interfere  with  the  investigation  in  progress. 

In  August  soldiers  from  RCAF  Division  44  fired  automatic  weapons  into  the  air 
in  an  attempt  to  intimidate  a  UNCHR  team  investigating  extrajudicial  killings  at 
Pich  Nil  pass,  Kompong  Speu  province  (see  Section  l.a.). 

The  NGO  law,  in  preparation  since  1996,  has  not  been  presented  to  the  National 
Assembly. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  color,  sex,  language,  reli- 
gious beliefs,  or  political  views.  Although  the  Government  does  not  systematically 
engage  in  discrimination,  if  often  fails  to  protect  these  rights  in  practice. 

Women. — International  and  domestic  NGO  workers  report  that  violence  against 
women,  including  rape  and  domestic  violence,  is  common.  There  were  reports  of 
rape,  but  there  were  no  statistics  available  on  this  problem.  Previous  studies  made 
by  international  NGO's  estimate  that  one  in  six  wives  is  physically  abused  by  her 
husband,  and  half  of  those  are  injured.  Authorities  normally  decline  to  become  in- 
volved in  domestic  disputes.  There  are  some  indications  that  stress  and  other  psy- 
chological problems  originating  during  the  Khmer  Rouge  period  of  the  1970's  con- 
tribute to  the  problem  of  violence  against  women.  Prostitution  and  trafficking  in 
women  were  serious  problems. 

Due  in  part  to  lack  of  resources,  the  Government  has  not  adequately  enforced  a 
1996  law  against  prostitution  and  trafficking  in  women.  In  March,  however,  Phnom 
Penh  police  arrested  seven  brothel  operators  in  a  crackdown  on  the  capital's  pros- 
titution trade. 

According  to  NGO  reports,  women  comprise  55  percent  of  the  population,  60  per- 
cent of  agricultural  workers,  85  percent  of  the  business  work  force,  70  percent  of 
the  industrial  work  force,  and  60  percent  of  all  service  sector  workers.  Women  are 
often  concentrated  in  low-paying  joos  in  these  sectors  and  are  largely  excluded  from 
management  positions,  which  remain  dominated  by  men. 

The  Constitution  contains  explicit  language  providing  for  equal  rights  for  women, 
equal  pay  for  equal  work,  and  equal  status  in  marriage.  In  practice  women  have 
equal  property  rights  with  men,  have  the  same  status  in  bringing  divorce  proceed- 
ings, and  nave  e<^ual  access  to  education  and  some  jobs.  However,  cultural  traditions 
continued  to  limit  the  ability  of  women  to  reach  senior  positions  in  business  and 
other  areas.  The  Government's  Secretariat  of  State  for  Women's  Affairs  is  respon- 
sible for  women's  issues.  There  are  a  large  number  of  women's  NGO's,  which  con- 
centrated on  training  poor  women  and  widows  and  addressing  social  problems  such 
as  spousal  abuse  and  prostitution. 

children. — The  Constitution  provides  for  children's  rights,  and  ensuring  the  wel- 
fare of  children  is  a  specific  goal  of  the  Government's  political  program.  However, 
the  Government  relies  on  international  aid  to  fund  most  social  welfare  programs 
targeted  at  children,  resulting  in  only  a  modest  flow  of  fiinds  to  ameliorate  problems 
affecting  children.  Children  frequently  suffer  from  the  inadequacy  of  the  health  care 
system.  Infant  mortality  is  reported  at  115  per  thousand,  and  nearly  20  percent  of 
children  do  not  live  to  the  age  of  5.  Child  mortality  from  preventable  diseases  is 
hirfi. 

Children  are  also  adversely  affected  by  the  inadequate  educational  system.  De- 
spite an  extensive  government  school  construction  program,  schools  are  overcrowded 
and  short  of  equipment.  Less  than  5  percent  of  primary  school  teachers  have  com- 

Eleted  high  school.  The  Government  does  not  deny  girls  equal  access  to  education, 
ut  in  practice  families  with  limited  resources  often  give  priority  to  educating  bovs. 
Chila  abuse  is  believed  to  be  widespread,  although  there  are  no  statistics  on  the 
extent  of  the  problem.  Child  prostitution  remained  a  serious  problem.  Although  sex- 
ual intercourse  with  a  minor  under  the  age  of  15  is  illegal,  child  prostitution  was 
common,  due  in  part  to  a  cultural  preference  for  sex  with  virgins.  There  were  reU- 


711 

able  reports  that  children  were  kidnaped  in  several  provinces  and  forced  into  the 
illegal  sex  trade,  both  in  Cambodia  and  abroad. 

iTiere  were  credible  reports  that  young  boys  served  as  soldiers  (see  Section  l.g.). 

People  With  Disabilities. — The  Government  does  not  require  that  buildings  or  gov- 
ernment services  be  accessible  to  people  with  disabilities.  According  to  the  Govern- 
ment, approximately  1  in  246  citizens  is  missing  at  least  one  limb.  This  figure  re- 
flects the  continuing  eflects  of  land  mines  on  the  population.  Programs  administered 
by  various  NGO's  have  brought  about  dramatic  improvements  in  the  treatment  and 
rehabilitation  of  amputees.  However,  amputees  face  considerable  societal  discrimi- 
nation, particularly  in  obtaining  skilled  employment. 

Religious  Minorities. — Muslims  are  the  largest  religious  minority,  and  experience 
little  or  no  discrimination  in  practice.  Cambodia's  small  Christian  community  has 
not  experienced  serious  or  systematic  discrimination.  Although  there  were  some  re- 
ports of  tensions  between  Cambodian  Christians  and  non-Christians  at  the  local 
level,  these  disputes  have  not  resulted  in  physical  violence.  Christian  missionary 
groups  have  not  encountered  significant  difficulties  in  performing  their  work. 

National  / Racial  / Ethnic  Minorities. — Citizens  of  Vietnamese  and  Chinese  eth- 
nicity have  long  comprised  the  largest  ethnic  minorities.  Ethnic  Chinese  are  well  ac- 
cepted. However,  fear  and  animosity  continue  toward  ethnic  Vietnamese  people,  who 
are  seen  as  a  threat  to  the  Cambodian  nation  and  culture.  The  rights  oi  mmorities 
under  the  1996  nationality  law  are  not  explicit;  constitutional  protections  are  ex- 
tended only  to  "TQimer  people,"  that  is,  Cambodians. 

There  were  credible  reports  that  both  security  personnel  and  ordinary  citizens  sin- 
gled out  Vietnamese  citizens  for  petty  harassment.  Many  Vietnamese  received 
verbal  death  threats  and  other  harassment  from  security  personnel  and  ordinary 
citizens  in  the  aftermath  of  the  July  violence. 

The  Khmer  Rouge,  as  well  as  some  mainstream  politicians,  continued  a  calculated 
campaign  of  inflammatory  propaganda  directed  against  ethnic  Vietnamese  and  Viet- 
namese nationals  resident  in  Cambodia. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — In  January  the  National  Assembly  passed  a  new 
labor  law  drafted  with  the  assistance  of  the  International  Labor  Organization  (ILO) 
and  the  Asian  American  Free  Labor  Institute.  Although  the  new  law  provides  for 
internationally  accepted  labor  rights,  including  the  right  to  organize  and  bargain 
collectively,  the  Government  has  not  ensured  all  of  these  rights  in  practice.  The 
Government's  enforcement  efforts  were  hampered  by  a  dearth  of  qualified  labor  in- 
spectors familiar  with  the  new  labor  legislation. 

Three  female  garment  workers  associated  with  the  Free  Trade  Union  of  the  King- 
dom of  Cambodia,  Yung  Sok  Neuv,  Yung  Srey,  and  Yuos  Seam  were  killed  in  the 
March  30  grenade  attack  on  a  KNP  rally  in  Phnom  Penh  (see  Section  l.a.).  Other 
union  members  were  wounded  in  the  attack. 

Although  the  Government  allowed  several  union-organized  protests  and  rallies  to 
take  place  without  incident,  others  were  marred  by  violence.  Police  broke  up  strikes 
at  two  garment  factories,  in  January  and  in  March  (see  Section  2.b.). 

According  to  the  Labor  Law,  workers  have  the  right  to  form  professional  organiza- 
tions of  their  own  choosing  without  prior  authorization,  and  all  workers  are  free  to 
join  the  trade  union  of  their  choice.  Membership  in  trade  unions  or  employee  asso- 
ciations is  not  compulsory,  and  workers  are  free  to  withdraw  from  sucn  organiza- 
tions. 

There  were  credible  reports  that  management  in  some  enterprises  discouraged 
employees  from  participating  in  partisan  politics  or  joining  unions.  In  May,  four  po- 
lice omcers,  accompanied  by  a  management  official,  entered  an  employee  dormitory 
at  a  Phnom  Penh  garment  factory.  The  police  officers  threatened  dormitory  resi- 
dents and  arrested  4  of  the  workers,  claiming  that  they  had  stolen  company  prop- 
erty. The  police  beat  one  of  the  four  with  their  rifle  butts;  all  4  workers  were  later 
released.  In  September  union  leader  Sou  Rotana  was  beaten  and  stabbed  repeatedly 
in  the  head  with  a  screwdriver  by  company  security  personnel  while  coordinating 
a  job  action  at  a  Phnom  Penh  garment  factory.  The  security  personnel  involved  in 
the  incident  were  detained  by  local  police  and  later  released. 

Article  268  of  the  Labor  Law  requires  labor  unions  and  employer  organizations 
to  file  a  charter  and  lists  of  officers  with  the  Ministry  of  Social,  Labor,  and  Veterans 
Affairs.  Since  the  law's  promulgation  in  March,  the  Ministry  has  refused  to  register 
at  least  three  unions  on  technical  grounds. 

There  were  19  registered  trade  unions,  although  many  had  close  ties  with  the 
Government  or  company  management  and  were  not  independent  in  practice.  The 
majority  of  salaried  workers  are  employed  by  the  State,  altnough  there  is  a  growing 
services  sector.  A  large  proportion  of  the  urban  population  is  engaged  in  low-level 


45-909    98-24 


712 

commerce  of  self-employed  skilled  labor.  The  labor  law  does  not  apply  to  workers 
in  the  public  sector. 

Unions  may  aflUiate  freely,  but  the  law  does  not  explicitly  address  their  right  to 
afHUate  internationally. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  new  labor  law  gives  aU 
unions  representing  companies  with  more  than  eight  employees  the  right  to  appoint 
a  shop  steward  from  the  ranks  of  the  worker  representatives.  The  steward  rep- 
resents the  union  to  the  company  director,  and  has  the  right  to  sign  the  company  s 
collective  bai^aining  agreement. 

In  practice  very  little  collective  bargaining  takes  place.  Some  unions  allowed  polit- 
ical figures  to  negotiate  collective  bargaining  agreements  on  their  behalf  during  the 
first  half  of  the  year;  many  of  these  agreements  are  no  longer  honored.  At  least  one 
Phnom  Penh  garment  factory  refused  to  honor  an  existing  collective  bargaining 
agreement  following  the  July  fighting. 

The  Government  sets  wages  for  civil  servants.  Wage  rates  in  other  sectors  are 
based  largely  on  market  conditions  and  are  set  by  employers.  Mechanisms  for  en- 
forcing provisions  against  antiunion  discrimination  exist,  but  are  not  adequately  en- 
forced by  the  Government. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Labor  Law  prohibits  forced 
or  compulsory  labor,  including  forced  labor  by  children,  in  accordance  with  inter- 
national convention.  The  Government  does  not  adequately  enforce  this  prohibition. 
There  were  credible  reports  of  mandatory  overtime,  as  well  as  reports  of  women  and 
girls  being  forced  to  work  as  prostitutes.  The  most  recent  survey  of  this  problem, 
made  by  a  human  rights  NGO  in  1995,  indicated  that  31  percent  of  female  pros- 
titutes were  between  the  ages  of  12  and  17.  Half  the  girls  mvolved  were  sold  into 
prostitution  by  their  families  and  forced  to  work  as  prostitutes.  There  were  also  re- 
ports that  children  were  kidnaped  and  force  into  the  illegal  sex  trade  (see  Section 
5).  Military  officers  also  implemented  force  conscription  (see  Section  l.g.). 

In  December  human  rights  workers  investigated  a  forced  labor  operation  in  Koh 
Kong  province.  With  the  complicity  of  some  local  officials  and  police,  its  operators 
smuggled  young  men  out  of  the  country  for  forced  labor  in  Thailand  and  Cambodia. 
Interior  Ministry  officials  in  Phnom  Penh  and  some  local  police  assisted  human 
rights  workers  during  the  investigation. 

There  were  credible  reports  of  bonded  labor  in  the  wood-processing,  rubber,  and 
brick  manufacturing  industries,  although  the  institution  of  bonded  labor  did  not  ap- 
pear to  be  a  systematic  practice. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The 
Labor  Law  prohibits  labor  by  children  under  15  years  of  age,  but  tne  Government 
may  authorize  exceptions,  and  enforcement  is  lax  (see  Section  6.c.).  The  minimum 
age  for  work  deemed  hazardous  to  the  health,  safety,  or  well-being  of  an  adolescent 
is  18  years.  However,  the  Ministry  of  Social,  Labor,  and  Veterans  Affairs  reserves 
the  right  to  authorize  employment  of  children  as  young  as  15  years  of  age  in  hazard- 
ous joDs  if  their  well-being  is  "fully  guaranteed.  Children  as  young  as  14  years  of 
age  may  be  authorized  to  perform  "light  work"  under  certain  conditions.  TTie  Gov- 
ernment has  not  established  an  apparatus  to  enforce  this  provision  of  the  law. 

Children  under  the  age  of  15  routinely  engage  in  a  variety  of  jobs,  including  street 
trading,  construction,  agriculture,  and  manufacturing.  According  to  an  ILO  study, 
9.2  percent  of  Cambodian  children  between  the  ages  of  5  and  14  may  be  classified 
as  economically  active."  More  than  90  percent  of  working  children  live  in  rural 
areas. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Law  requires  that  a  minimum  wage 
be  established  without  distinction  between  different  jobs.  In  January,  for  example, 
a  Ministry  of  Social,  Labor,  and  Veterans  Affairs  decree  established  a  minimum 
wage  of  $40  (139,400  riel)  per  month  for  the  garment  industry.  This  provision  is  not 
adequately  enforced,  and  many  workers  receive  less  than  the  minimum  wage.  This 
wage  is  not  sufficient  to  provide  a  worker  and  family  with  a  decent  standard  of  liv- 
ing. 

The  Labor  Law  provides  for  a  standard  legal  workweek  of  48  hours,  not  to  exceed 
8  hours  per  day.  The  law  stipulates  time-and-a-half  overtime  pay,  and  double  over- 
time pay  if  the  overtime  hours  are  worked  at  night  or  on  the  employee's  day  off. 
The  Government  does  not  enforce  these  standaras,  and  workers  commonly  work 
more  than  48  hours  per  week.  Some  workers  incur  salary  deductions  if  they  do  not 
perform  overtime  or  holiday  work.  The  law  states  that  the  workplace  should  have 
nealth  and  safety  standards  adequate  to  ensure  workers'  well-being.  However,  the 
Government  has  not  yet  set  specific  standards,  and  work-related  injury  and  health 
problems  are  common.  Penalties  are  specified  in  the  law,  but  there  are  no  provisions 
to  protect  workers  who  complain  about  unsafe  and  unhealthy  conditions.  (Conditions 


713 

in  factories  and  small-scale  industries  are  generally  poor  and  often  do  not  meet 
international  standards. 


CHINA 


The  People's  Republic  of  China  (PRC)  is  an  authoritarian  state  in  which  the  Chi- 
nese Communist  Party  (CCP)  is  the  paramount  source  of  jwwer.  At  the  national  and 
regional  levels,  party  members  hold  almost  all  top  government,  police,  and  military 
positions.  Ultimate  authority  rests  with  members  of  the  Politburo.  Leaders  stress 
the  need  to  maintain  stability  and  social  order  and  are  committed  to  perpetuating 
the  rule  of  the  CCP  and  its  hierarchy.  Citizens  lack  the  freedom  to  express  peace- 
fiiUy  opposition  to  the  party-led  political  system  and  the  right  to  change  their  na- 
tional leaders  or  form  of  government.  Socialism  continues  to  provide  the  theoretical 
underpinning  of  Chinese  politics,  but  Marxist  ideology  has  given  way  to  economic 
pragmatism  in  recent  years.  Economic  decentralization  has  increased  the  authoritv 
of  regional  officials.  The  party's  authority  rests  primarily  on  the  Government's  abil- 
ity to  maintain  social  stability,  appeals  to  nationalism  and  patriotism,  party  control 
of  personnel  and  the  security  apparatus,  and  the  greatly  improved  living  standards 
of  most  of  China's  1.2  billion  citizens.  The  Constitution  provides  for  an  independent 
judiciary;  however,  in  practice,  the  judicial  system  is  subject  to  the  "policy  guidance" 
of  the  CCP. 

The  security  apparatus  is  comprised  of  the  Ministries  of  State  Security  and  Public 
Security,  the  People's  Armed  Police,  the  People's  Liberation  Army,  and  the  state  ju- 
dicial, procuratonal,  and  penal  systems.  Security  j)olicy  and  jiersonnel  were  respon- 
sible for  numerous  human  rights  abuses. 

China  has  a  mixed  economy  that  continues  to  expand  rapidly.  Economic  reforms 
are  raising  living  standards  for  many,  providing  greater  independence  for  entre- 
preneurs, diminishing  state  control  over  the  economy  and  people's  daily  lives,  and 
creating  new  economic  opportunities.  Despite  economic  difficulties  in  the  state  sec- 
tor, individual  economic  opportunities  continue  to  expand  rapidly  in  nonstate  sec- 
tors, resulting  in  increased  freedom  of  employment  and  mobility.  The  Government 
continues  to  adopt  market-based  policies  and  both  state-owned  and  nonstate  enter- 
prises are  benefiting  from  freedom  to  compete  in  domestic  and  overseas  markets. 
As  economic  opportunities  grow  the  number  of  citizens  living  in  absolute  poverty 
continues  to  decline;  estimates  range  from  official  figures  of  58  million  to  estimates 
as  high  as  350  million.  China  faces  growing  problems,  including  state  enterprise  re- 
form, unemployment,  underemployment,  and  regional  economic  disparities.  Accord- 
ing to  estimates,  rural  unemployment  and  underemployment  range  from  30  to  50 
percent.  During  the  year,  the  definition  of  employment  was  changed  to  working  5 
or  more  hours  per  week  from  working  20  hours  per  week.  Tens  of  millions  of  peas- 
ants have  left  their  homes  in  search  of  better  jobs  and  living  conditions.  According 
to  estimates,  as  many  as  100  million  people  make  up  this  "floating  population,"  with 
many  major  cities  counting  1  million  or  more  such  people.  Urban  areas  are  also  cop- 
ing with  millions  of  state  workers  idled  on  partial  wages  or  unemployed  as  a  result 
of  industrial  reforms.  Workers  in  Liaoning,  Sichuan,  Jiangsu,  and  other  provinces 
increasingly  organized  public  protests  to  press  their  demands. 

There  were  positive  steps  in  human  rights,  although  serious  problems  remained. 
The  Government  continued  to  commit  widespread  and  well-documented  human 
rights  abuses,  in  violation  of  internationally  accepted  norms  stemming  from  the  au- 
thorities' very  limited  tolerance  of  public  dissent,  fear  of  unrest,  and  the  limited 
scope  or  inadequate  implementation  of  laws  protecting  basic  freedoms.  The  Con- 
stitution and  laws  provide  for  fundamental  human  rights,  but  they  are  often  ignored 
in  practice.  Abuses  included  torture  and  mistreatment  of  prisoners,  forced  confes- 
sions, and  arbitrary  arrest  and  lengthy  incommunicado  detention.  Prison  conditions 
at  many  facilities  remained  harsh.  The  Government  continued  tight  restrictions  on 
freedom  of  speech,  the  press,  assembly,  association,  religion,  privacy,  and  worker 
rights.  Discrimination  against  women,  minorities,  and  the  disabled,  violence  against 
women,  prostitution,  trafficking  in  women  and  children,  and  the  abuse  of  children 
remain  problems.  The  Government  continued  to  restrict  tightly  worker  rights.  Seri- 
ous human  rights  abuses  persisted  in  minority  areas,  including  Tibet  and  Xinjiang, 
where  tight  controls  on  religion  and  other  fundamental  freedoms  continued  and,  in 
some  cases,  intensified. 

In  1997  the  Government  took  several  positive  actions  to  address  international  con- 
cerns in  the  area  of  human  rights.  In  October  the  Government  signed  the  United 
Nations  Covenant  on  Economic,  Social  and  Cultural  Rights  and  allowed  the  United 
Nations  Working  Group  on  Arbitrary  Detention  to  visit  China.  The  Government  also 


714 

significantly  expanded  its  dialog  on  human  rights  with  a  number  of  foreign  inter- 
locutors. 

The  Government's  response  to  dissent  was  also  somewhat  more  tolerant  than  in 
recent  years.  Although  authorities  continued  to  use  repressive  measures  such  as  in- 
timidation, administrative  detention,  imposition  of  prison  terms,  house  arrest  or 
exile  to  control  tightly  dissent,  the  Government  exhibited  some  limited  tolerance  of 
public  expressions  of  opposition  to  government  policies  and  calls  for  political  reform. 
During  the  year,  a  number  of  dissidents,  academics,  and  former  officials  issued  pub- 
lic statements,  letters  or  petitions  challenging  the  Government's  policies  or  advocat- 
ing political  reform.  Some,  including  Fang  Jue,  Shang  Dewen,  and  Lin  Mu  had  no 
action  taken  against  them.  Others,  including  Bao  Ge,  Qin  Yongmin,  and  Shen 
Liangqing  were  harassed,  arrested  or  rearrested,  left  the  country  under  pressure, 
or  were  subjected  to  stricter  forms  of  house  arrest,  as  in  the  past. 

China  also  released  a  few  political  prisoners  on  medical  parole  or  before  their 
terms  were  over.  Prominent  dissident  and  democracy  activist  Wei  Jingsheng  was  re- 
leased from  prison  in  November  on  medical  parole  and  allowed  to  travel  abroad  for 
medical  treatment.  Journalists  Xi  Yang  and  Zhao  Lei,  and  labor  activists  Tang 
Yuanjuan,  Li  Wei,  and  Zhou  Guoqiang  also  were  released  before  the  end  of  their 

grison  terms.  However,  thousands  of  others,  including  Wang  Dan,  Liu  Nianchun, 
rao  Yu,  Pastor  Xu  Yongze,  Bishop  Zeng  Jingmu,  Chadrel  Rinpoche,  and  Ngawang 
Choephel  remained  in  prison  for  tne  peaceful  expression  of  their  political,  social  or 
religious  views  and/or  "counterrevolutionary"  offenses  despite  official  denials  that 
China  holds  political  prisoners.  Some  of  those  who  completed  their  sentences  and 
were  released  from  prison  were  kept  under  tight  surveillance  and  prevented  from 
taking  employment  or  otherwise  resuming  a  normal  life.  Others  were  released  from 
prison  at  tne  completion  of  their  sentences  and  subsequently  allowed  to  leave  China, 
including  Tong  Yi  and  Zhang  Lin. 

China  made  progress  in  legal  reform  efforts  in  1997.  The  judicial  system  continues 
to  deny  defendants  basic  legal  safeguards  and  due  process  because  authorities  at- 
tach higher  priority  to  maintaining  public  order  and  suppressing  political  opposition 
than  to  implementing  and  enforcing  legal  norms.  The  Government,  however,  contin- 
ued to  take  positive  steps  to  strengthen  its  legal  system  by  enacting  and  implement- 
ing new  legislation.  Legislation  passed  in  recent  years  includes  laws  with  a  potential 
impact  on  citizens' — rights — e.g.,  the  Administrative  Procedure  Law,  Lawyers  Law, 
State  Compensation  Law,  Prison  Law,  and  Criminal  Law — if  they  are  enforced  effec- 
tively. The  Government  has  initiated  efforts  to  educate  lawyers,  judges,  prosecutors, 
and  the  public  on  the  provisions  of  the  new  laws.  China  also  has  expanded  its  ef- 
forts to  increase  bilateral  and  multilateral  cooperation  in  the  field  of  law.  For  exam- 
ple, President  Jiang  agreed  to  increase  such  cooperation  in  October. 

The  revised  Criminal  Procedure  Law,  which  came  into  effect  on  January  1,  pro- 
vided for  the  defendant's  right  to  legal  counsel,  an  active  legal  defense,  and  other 
rights  of  criminal  defendants  recognized  in  international  human  rights  instruments. 
If  fully  implemented,  the  law  would  bring  China's  criminal  law  closer  toward  com- 
pliance witn  international  norms. 

Nonapproved  religious  groups,  including  Protestant  and  Catholic  groups,  experi- 
enced varying  degrees  of  official  interference  and  repression  as  the  Government  con- 
tinued to  enforce  1994  State  Council  regulations  requiring  all  religious  organiza- 
tions to  register  with  the  Government  and  come  under  the  supervision  of  official, 
"patriotic"  religious  organizations.  There  was  evidence  that  authorities  in  some 
areas,  guided  by  national  policy,  made  strong  efforts  to  control  the  activities  of  un- 
approved Catholic  and  Protestant  churches,  and  some  church  leaders  or  adherents 
were  arrested  or  remained  in  detention  or  prison  because  of  their  religious  activi- 
ties. In  other  regions,  registered  and  unregistered  churches  are  treated  similarly  by 
the  authorities  and  congregants  worship  in  both  types  of  churches.  Despite  this 
pressure,  the  number  of  religious  adherents  in  many  churches,  both  registered  and 
unregistered,  continued  to  grow  at  a  rapid  pace.  Citizens  worshipping  in  officially 
sanctioned  churches,  mosques,  and  temples  reported  little  or  no  day-to-day  inter- 
ference by  the  Government.  The  Government  estimates  that  China  has  4  million 
registered  Catholics,  10  to  15  million  registered  Protestants,  and  18  million  Mos- 
lems. They  worship  in  some  12,000  churches  and  30,000  mosques.  Nongovernmental 
estimates  indicate  that  as  many  as  30  million  Christians  worship  privately  in  hou.se 
churches  that  are  not  registered  with  the  Government.  The  Government  released  a 
white  paper  on  religion  in  October,  which  defended  government  practices  and  stated 
that  citizens'  rights  should  conform  to  international  conventions. 

Chinese  society  continued  to  become  more  open  and  to  diversify  at  a  rapid  pace. 
New  social  groups  with  economic  resources  at  their  disposal  have  arisen  and  started 
to  play  a  role  in  community  life.  Although  citizens  still  do  not  have  the  right  to 
change  their  national  leaders  or  form  of  government,  several  hundred  million  Chi- 


715 

nese  have  participated  in  the  Government's  village  elections  program,  which  allowed 
basic  democratic  expression  in  multicandidate  elections  for  nongovernmental  local 
village  committees.  Satellite  television  broadcasts  are  widely  available,  particularly 
in  coastal  provinces,  despite  the  Government's  efforts  to  regulate  the  sale  and  use 
of  satellite  dishes.  Cable  television  also  is  available  in  many  cities,  including  access 
to  fflobal  news  networks.  Increasing  numbers  of  citizens  have  access  to  the  Litemet 
although  the  Government  continued  efforts  to  control  the  content  of  material  avail- 
able on  the  Internet.  Average  citizens  go  about  their  daily  lives  with  more  personal 
freedom  than  ever  before.  They  also  continued  to  enjoy  a  higher  disposable  income, 
looser  economic  controls,  greater  freedom  of  movement,  increased  access  to  outside 
sources  of  information,  greater  room  for  individual  choice,  and  more  diversity  in  cul- 
tural life.  However,  those  Chinese  who  seek  to  express  openly  dissenting  political 
and  religious  views  still  live  in  an  environment  fflled  with  repression. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  reports  of  a  number  of 
extrajudicial  killings  related  to  separatist  activity  in  the  Xinjiang  region.  In  Feb- 
ruary police  dispersed  a  crowd  of  women  in  Yining  during  the  Ramadan  Festival. 
In  subsequent  protests  of  this  action,  police  killed  at  least  10,  and  perhaps  as  many 
as  70,  Uyghur  demonstrators.  On  April  24,  in  Yining  security  forces  killed  two  pro- 
testers when  they  opened  fire  on  a  crowd  that  had  surrounded  a  bus  carrying  indi- 
viduals convicted  of  involvement  in  the  February  riots. 

There  is  no  reliable  information  about  the  number  of  extrajudicial  killings  nation- 
wide. There  continued  to  be  numerous  executions  carried  out  after  summary  trials. 
These  trials  can  occur  under  circumstances  where  the  lack  of  due  process  protec- 
tions borders  on  extrajudicial  killing  (see  Section  I.e.). 

In  December  1996,  the  official  press  reported  that  four  policemen  in  Zhejiang 
province  were  sentenced  to  up  to  11  years  in  jail  for  torturing  a  bank  robbery  sus- 
pect to  death. 

Xinjiang  separatist  groups  also  committed  killings.  On  February  25,  three  bombs 
exploded  on  buses  in  the  regional  capital  of  Urumqi  killing  nine  persons.  Several 
people  were  killed  on  March  7  when  a  bomb  linked  to  Uyghur  separatists  exploded 
aboard  a  bus  in  one  of  Beijing's  busiest  shopping  districts.  There  were  also  reports 
in  September  that  nine  officials  in  Xinjiang  were  killed  in  antigovemment  attacks. 

b.  Disappearance. — There  were  no  new  reports  of  disappearances.  The  Govern- 
ment, however,  still  has  not  provided  a  comprehensive,  credible  accounting  of  all 
those  missing  or  detained  in  connection  with  the  suppression  of  the  1989 
Tiananmen  demonstrations.  Long  incommunicado  detentions  continued  (see  Section 
l.d.),  although  there  were  fewer  reports  than  in  1996. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  torture;  however,  both  official  Chinese  sources  and  international 
human  ri^ts  groups  reported  cases  in  which  police  and  other  elements  of  the  secu- 
rity apparatus  employed  torture  or  degrading  treatment  in  dealing  with  detainees 
and  prisoners.  Former  detainees  have  credibly  reported  that  officials  used  electric 
shocks,  prolonged  periods  of  solitary  confinement  and  incommunicado  detention, 
beatings,  shackles,  and  other  forms  of  abuse  against  detained  men  and  women.  Per- 
sons detained  pending  trial  were  particularly  at  risk  during  pretrial  detention  due 
to  systemic  weaknesses  in  the  legal  system,  many  of  whicn  were  addressed  by 
amendments  to  the  Criminal  Procedure  Law,  which  became  effective  on  January  1. 

In  May  prison  officials  placed  labor  activist  Liu  Nianchun  in  solitary  confinement 
for  10  days  and  beat  him  with  an  electric  baton  to  punish  him  for  refusing  food. 
Liu  had  started  a  hunger  strike  to  protest  beatings  by  prison  guards  who  wanted 
him  to  renounce  his  antigovemment  views.  Wei  Jingsheng  reported  that  he  was 
beaten  by  fellow  inmates  with  the  encouragement  of  prison  authorities  and  that  the 
inmate  who  instigated  these  attacks  was  rewarded  with  a  reduced  sentence.  In  the 
months  before  his  November  release,  Wei  was  under  24-hour  surveillance  in  a  light- 
ed, glass-walled  cell.  He  was  denied  reading  material.  Relatives  and  friends  of  evan- 
gelist Xu  Yongze  reported  in  March  that  he  and  other  detainees  with  him  were  beat- 
en by  Henan  authorities. 

The  Government  has  stated  that  "the  Chinese  judiciary  deals  with  every  com- 
plaint of  torture  promptly  after  it  is  filed,  and  those  found  guilty  are  punished  ac- 
cording to  law."  The  official  media  repwrts  on  torture  cases,  out  many  are  believed 
to  go  unreported.  One  central  government  prosecutor  reported  to  a  visiting  delega- 
tion that  his  office  investigated  hundreds  of  cases  a  year  of  alleged  torture  by  secu- 
rity personnel.  On  February  21,  the  Jilin  Provincial  People's  Proiruratorate  reported 
that  it  had  investigated  34  cases  of  "extorting  confession  by  torture"  during  the  pre- 


716 

vious  year  in  that  province  alone.  In  December  1996,  four  policemen  received  sen- 
tences of  up  to  11  years  for  torturing  a  suspect  to  death  (see  Section  l.a.).  According 
to  the  Supreme  People's  Procuratorate,  5,214  cases  of  "^anethical  activities"  by  po- 
licemen were  investigated  between  1988  and  mid- 1996.  The  Government  has  pro- 
vided no  information  on  convictions  and  punishment  in  these  cases. 

Conditions  in  penal  institutions  for  both  political  prisoners  and  common  criminals 
are  generally  harsh,  and  frequently  degrading.  China's  1994  Prison  Law  was  de- 
signed, in  part,  to  improve  treatment  of  detainees  and  respect  for  their  legal  rights. 
The  Government's  stated  goal  is  to  convert  one-half  of  the  nation's  prisons  ana  150 
reeducation-through-labor  camps  into  "modernized,  civilized"  facilities  by  the  year 
2010.  According  to  credible  sources,  persons  held  in  new  "model"  prisons  receive  bet- 
ter treatment  tSian  those  held  in  other  prison  facilities. 

Adeqruate,  timely  medical  care  for  prisoners  continues  to  be  a  serious  problem,  de- 
spite omcial  assurances  that  prisoners  have  the  right  to  prompt  medical  treatment 
if  they  become  ill.  Nutritional  and  health  conditions  can  be  grim.  Political  prisoners 
who  reportedly  had  difficulties  in  obtaining  medical  treatment,  despite  repeated  ap- 
peals on  their  behalf  by  their  families  and  the  international  community,  included 
Wang  Dan,  Liu  Nianchun,  Zhou  Guoqiang,  Gao  Yu,  Bishop  Zeng  Jingmu,  Chen 
Lantao,  and  Wei  Jingsheng.  According  to  one  credible  report,  there  have  been  in- 
stances where  women  in  reeducation-through-labor  camps  found  to  be  pregnant 
while  serving  sentences  were  forced  to  submit  to  abortions  (see  Section  l.f.). 

The  Government  does  not  permit  independent  monitoring  of  prisons  or  reeduca- 
tion-through-labor camps,  ana  prisoners  remain  largely  inaccessible  to  international 
human  ri^ts  organizations.  However,  the  Government  took  several  steps  toward 
CTeater  transparency  in  the  prison  system.  A  delegation  of  the  United  Nations 
Working  Group  on  Arbitrary  Detention  visited  China  for  10  days  in  October.  The 
group  visited  prisons  and  reeducation-through-labor  camps  in  Beijing,  Shanghai, 
Chengdu,  and  Tibet.  The  Government  allowed  the  U.N.  team  to  choose  at  random 
some  of  the  prisoners  interviewed  at  each  facility.  Interviews  with  certain  prisoners 
were  conducted  without  the  presence  of  Chinese  officials.  Talks  between  the  Govern- 
ment and  the  International  Committee  of  the  Red  Cross  (ICRC)  on  prison  visits  re- 
sumed in  June.  By  year's  end,  no  agreement  had  been  reached.  Finally,  the  Govern- 
ment resumed  cooperation  with  a  prominent  foreign  businessman/human  rights  ac- 
tivist on  prisoner  accounting,  and  the  Ministry  of  Justice  provided  him  with  infor- 
mation on  more  than  11  cases  by  year's  end. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^Arbitrary  arrest  and  detention  remain 
problems.  The  amendments  to  the  Criminal  Procedure  Law,  which  came  into  effect 
on  January  1,  represented  a  significant  improvement  in  the  laws  governing  arrest 
and  detention.  Among  other  things,  the  amendments  provide  for  earlier  and  greater 
access  for  defendants  to  legal  counsel  and  the  abolition  of  a  1983  regulation  that 
allowed  summary  trials  in  certain  cases  involving  the  death  penalty.  Under  the  old 
system,  defendants  were  not  allowed  to  hire  a  lawyer  until  7  days  before  trial,  usu- 
ally precluding  the  possibility  of  mounting  an  effective  defense.  The  amended  law 
gives  suspects  the  right  to  seek  legal  counsel  from  the  time  of  their  initial  detention 
and  interrogation.  The  (Jovemment  has  initiated  efforts  to  educate  lawyers,  judges, 
prosecutors,  and  the  public  in  the  provisions  of  the  new  law  and  has  undertaken 
a  well-publicized  effort  to  establish  legal  aid  centers  for  indigent  defendants.  Anec- 
dotal evidence  suggested,  however,  that  in  some  cases  implementing  regulations 
promulgated  by  the  Public  Security  Ministry,  Ministry  of  Justice,  Supreme  People's 
Procuratorate,  and  Supreme  People's  Court  have  resulted  in  contraoictory  ana  in- 
complete implementation  of  the  new  amendments. 

Despite  these  reforms,  the  Criminal  Procedure  Law  still  would  fall  short  of  inter- 
national standards  in  many  respects  if  fully  implemented.  While  an  often  criticized 
form  of  administrative  detention  known  as  "shelter  and  investigation"  that  allowed 
police  to  detain  suspects  for  extended  periods  without  charge  was  abolished,  police 
can  still  detain  a  person  for  up  to  14  or  37  days,  depending  on  the  nature  of  his 
alleged  offense  before  formally  placing  him  under  arrest.  Once  a  suspect  is  arrested, 
the  revised  law  still  allows  police  and  prosecutors  to  detain  him  for  months  before 
trial  while  a  case  is  being  further  investigated."  On  June  3,  a  court  in  Shenzhen 
finally  sentenced  labor  activists  Li  Wenming  and  Guo  Baosheng  to  SVz  years  in  pris- 
on for  "conspiring  to  subvert  the  Government."  Li  and  Guo  had  already  spent  more 
thsm  3  years  in  jail  without  sentencing.  Both  Li  and  Guo  were  released  in  late  1997 
at  the  completion  of  their  terms  (see  Section  6. a.).  Two  foreigners  remained  in  jail, 
without  eitner  a  verdict  or  a  sentence,  over  a  year  after  their  trials  were  concluded, 
despite  many  interventions  on  their  behalf  by  their  government. 

Under  the  revised  Criminal  Procedures  Law,  detained  criminal  suspects,  defend- 
ants, their  legal  representatives,  and  close  relatives  are  entitled  to  apply  for  a  guar- 
antor to  enable  the  suspect  or  defendant  to  await  trial  out  of  custody.  The  law  pro- 


717 

vides  that  if  the  people's  courts,  people's  procuratorates,  and  public  security  organs 
decide  to  allow  a  criminal  suspect  or  defendant  to  obtain  a  guarantor  and  await  trial 
out  of  custody,  they  should  order  the  suspect  or  defendant  to  name  a  guarantor  or 
pay  bail.  The  law  stipulates  that  authorities  must  notify  a  detainee's  family  or  work 
unit  of  his  detention  within  24  hours.  In  practice,  however,  timely  notification  re- 
mains a  serious  problem.  Under  a  sweeping  exception  to  the  law,  officials  need  not 
provide  notification  if  it  would  "hinder  the  investigation"  of  a  case. 

In  theory,  the  Administrative  Procedure  Law  of  1994  permits  a  detainee  to  chal- 
lenge the  legality  of  detention.  In  the  past,  however,  lack  of  timely  access  to  legal 
counsel  inhibited  the  eflective  use  of  this  law.  The  expanded  rights  to  a  lawyer  pro- 
vided for  in  the  amendments  to  the  Criminal  Procedure  Law  are  designed  to  im- 
{)rove  this  situation.  In  addition,  the  State  Compensation  Law  provides  a  legal  basis 
or  citizens  to  recover  damages  for  illegal  detentions.  Although  the  majority  of  citi- 
zens apparently  remain  unaware  of  this  1995  law,  there  is  evidence  that  it  is  having 
some  limited  impact.  The  Supreme  People's  Procuratorate  reported  on  March  11, 
that  in  1996  it  had  investigated  379  criminal  compensation  claims,  reached  a  con- 
clusion in  110  cases,  and  awarded  compensation  in  44  cases. 

Because  the  Government  tightly  controls  information,  it  is  impossible  to  accu- 
rately determine  the  total  nunioer  of  people  subjected  to  new  or  continued  arbitraiy 
arrest  or  detention  but  estimates  are  in  the  thousands.  The  Supreme  People's 
Procuratorate  reported  in  March  that  it  had  reversed  570  "incorrect  arrest  deci- 
sions" in  the  previous  year.  The  Jilin  Provincial  People's  Procuratorate  report  of 
February  21  said  that  the  office  had  investigated  80  cases  of  illegal  detention  during 
the  previous  year  in  that  province  alone.  There  are  documented  cases  where  locsil 
officials  and  business  leaders  illegally  conspired  to  use  detention  as  a  means  of  ex- 
erting pressure  in  commercial  disputes  involving  Chinese  and  foreign  businessmen. 
There  were  other  cases  where  foreign  businessmen  had  their  passports  confiscated 
during  such  disputes. 

A  major  shortcoming  of  the  recent  amendments  to  the  Criminal  Procedure  Law 
is  that  they  do  not  afiect  the  reeducation-through-labor  system,  which  permits  au- 
thorities to  sentence  detainees  to  terms  of  1  to  3  years  in  labor  camps  without  trial. 
The  Labor  Reeducation  Committee,  which  determines  the  term  of  detention,  may  ex- 
tend an  inmate's  sentence  for  an  additional  year.  Wang  Ming,  a  democracy  activist 
in  Sichuan  who  had  called  for  the  release  of  Wei  Jingsheng,  was  sentenced  in  Janu- 
ary to  3  years  of  reeducation  through  labor.  Activist  Liu  Huanwen  was  also  sen- 
tenced to  3  years  of  reeducation  through  labor  on  April  7.  Catholic  Bishop  Zeng 
Jingmu,  Chen  Longde,  Hu  Kesi  and  other  dissidents  remained  in  labor  camps.  The 
sentences  of  Liu  Nianchun  and  Zhou  Guoqiang's  were  extended  6  days  for  every 
month  remaining  in  their  sentences  for  refusing  to  prepare  written  confessions.  In 
December,  however,  the  Ministry  of  Justice  reversed  the  decision  to  extend  their 
sentences,  and  Zhou  was  released  in  January  1998. 

Authorities  continued  the  practice  of  detaining  or  tightening  control  over  political 
and  labor  activists  or  inviting  then  to  take  "vacations"  at  "sensitive"  times  during 
the  year,  but  there  were  fewer  reports  of  this  practice  than  in  1996.  Shen  Liangqing 
was  picked  up  by  police  officers  at  his  home  in  Anhui  province  days  before  the  open- 
ing of  the  15th  Chinese  Communist  Party  Congress.  Shen  had  coauthored  an  open 
letter  to  President  Jiang  Zemin  and  other  senior  leaders  demanding  justice  for   op- 

Rressed  workers"  after  reported  police  suppression  of  labor  unrest  in  Sichuan's 
lianyang  city  in  July.  Dissidents  in  Beijing  were  reportedly  warned  against  causing 
trouble  during  the  August  visit  of  a  high  ranking  foreign  official.  The  Government 
also  stepped  up  surveillance  on  family  members  of  leading  dissidents  during  the  Oc- 
tober visit  of  the  U.N.  Working  Group  on  Arbitrary  Detention.  At  year's  end,  the 
authorities  continued  to  detain  citizens  for  political  reasons  (see  Section  I.e.). 

The  Government  continued  to  refuse  reentry  into  China  by  dissidents  and  activ- 
ists (see  Section  2.d.),  but  there  were  no  reports  of  the  Government  forcibly  exiling 
citizens.  However,  the  (Jovemment's  denial  of  permission  to  some  former  reeduca- 
tion-through-labor camp  inmates  to  return  to  their  homes  constitutes  a  form  of  in- 
ternal exile  (see  Section  2.d.). 

e.  Denial  of  Fair  Public  TYial. — The  Constitution  states  that  the  courts  shall,  in 
accordance  with  the  law,  exercise  judicial  power  independently.  However,  in  prac- 
tice, the  judiciary  is  subject  to  policy  guidance  from  tne  Government  and  the  Chi- 
nese Communist  Party,  whose  leaders  use  a  variety  of  means  to  direct  courts  on  ver- 
dicts and  sentences  in  politically  sensitive  cases.  Corruption  and  conflicts  of  interest 
also  aflect  judicial  decisionmaking. 

The  Supreme  People's  Court  stands  at  the  apex  of  the  court  system,  followed  in 
descending  order  by  the  higher,  intermediate,  and  basic  people's  courts.  Judges  are 
appointed  by  the  people's  congresses  at  the  corresponding  level.  There  are  special 
courts  for  handling  military,  maritime,  and  railway  transport  cases. 


718 

Officials  often  have  ignored  the  due  process  provisions  of  the  law  and  of  the  Con- 
stitution. For  example,  authorities  can  subject  prisoners  to  severe  psychological 
Sressure  to  confess,  and  coerced  confessions  are  ireauently  introduced  as  evidence. 
J  Hiu-wai,  an  accused  drug  smuggler,  was  reportedly  interrogated  for  50  straight 
hours  in  July  before  agreeing  to  sign  a  confession.  Defendants  who  fail  to  show  the 
correct  attitude  by  confessing  their  crimes  are  typically  sentenced  more  harshly.  The 
conviction  rate  is  over  90percent.  There  is  an  appeals  process,  but  appeals  generally 
do  not  reverse  verdicts.  The  law  requires  that  all  trials  be  held  in  public,  but  a  1988 
law  on  state  secrets  provides  for  an  exception  in  cases  involving  state  secrets.  This 
provision  has  been  used  to  keep  proceedings  closed  to  the  public  and,  in  some  cases, 
even  family  members  in  sensitive  cases.  Pastor  Xu  Yongze  s  family  received  no  noti- 
fication of  his  mid-1997  trial. 

The  revised  Criminal  Procedure  Law  is  designed  to  address  many  of  these  defi- 
ciencies and  give  defense  lawyers  a  greater  ability  to  argue  their  clients'  cases,  in 
order  to  change  the  practice  of  holding  trials  that  are  essentially  sentencing  hear- 
ings. The  new  amendments  abolish  the  form  of  pretrial  detention  called  "shelter  and 
investigation,"  expand  the  right  to  counsel,  put  limits  on  nonjudicial  determinations 
of  guUt,  and  establish  a  more  transparent,  adversarial  trial  process.  Coerced  confes- 
sions are  expressly  forbidden,  although  there  is  still  no  law  barring  coerced  confes- 
sions from  being  introduced  into  evidence.  The  amendments  do  not,  however,  bring 
China  into  full  compliance  with  international  standards.  For  example,  in  "state  se- 
crets" cases  the  revised  Criminal  Procedures  Law  authorizes  officials  to  deny  sus- 
pects access  to  a  lawyer  while  their  cases  are  being  investigated.  The  definition  of 
state  secrets  is  broad  and  vague  and  subject  to  independent  interpretation  by  police, 
prosecutors,  and  judges  at  different  stages  in  a  criminal  case.  Uncertainty  regarding 
the  scope  and  application  of  this  statute  has  created  concern  about  a  detainee  s  right 
to  legal  assistance. 

In  what  may  turn  out  to  be  a  landmark  case  in  Chinese  legal  history,  in  June 
a  court  in  Jilin  province  overturned  the  convictions  of  four  dissidents  connected  to 
the  Tiananmen  protests  of  1989,  marking  the  first  time  a  conviction  for 
counterrevolutionary  crimes  has  been  reversed.  Tang  Yuanjuan  and  Li  Wei,  who 
were  still  in  prison  at  the  time  they  won  their  appeal,  were  released. 

China's  first  Lawyers'  Law,  designed  to  professionalize  the  legal  profession,  took 
effect  January  1996.  Accordingly,  the  Ministry  of  Justice  drafted  relevant  regula- 
tions to  standardize  professional  performance,  lawyer-client  relations,  and  the  ad- 
ministration of  lawyers  and  law  firms.  The  new  law  recognized  for  the  first  time 
that  lawyers  represent  their  clients,  not  the  State.  The  bill  also  granted  lawyers  for- 
mal permission  to  establish  law  firms,  established  educational  requirements  for 
legal  practitioners,  encouraged  free  legal  services  for  the  general  public,  and  pro- 
vided for  the  disciplining  of  lawyers.  Grovemment  officials  state  that  there  is  an  in- 
sufficient number  of  lawyers  to  meet  the  country's  growing  needs.  A  key  element 
in  Justice  Ministry  eflbrts  to  encourage  legal  reform  is  a  plan  to  have  150,000  law- 
yers, 30,000  notaries,  and  40,000  grassroots  legal  service  centers  by  the  year  2000. 
Minister  of  Justice  Xiao  Yang  stated  in  December  that  China  currently  has  114,000 
lawyers,  18,000  notarial  personnel,  and  more  than  8,300  law  offices.  Lawyers  are 
oreanizing  private  law  firms  outside  the  framework  of  established  government  legal 
offices  that  are  self-regulating  and  do  not  have  their  personnel  or  budgets  deter- 
mined directly  by  the  State. 

During  the  first  half  of  the  year,  attorneys  handled  1 15,000  legal  aid  cases  in  six 
provinces  and  municipalities,  including  Shan^ai  and  Guangdong.  In  the  past,  how- 
ever, defendants  have  frequently  found  it  difficult  to  find  an  attorney  willing  to  han- 
dle sensitive  political  and  religious  cases.  It  is  unclear  to  what  extent  government 
reform  eflbrts  and  new  legislation  are  changing  the  past  practice  of  autnorities  re- 
voking the  licenses  of  lawyers  representing  political  defendants.  Govemment-em- 
ployea  lawyers  still  depend  on  an  official  work  unit  for  employment,  housing,  and 
other  benefits  and  therefore  many  may  be  reluctant  to  be  seen  as  overzealous  in 
representing  politically  sensitive  defendants. 

The  effects  of  the  lack  of  due  process  are  particularly  egregious  in  death  penalty 
cases.  A  1995  law  raised  the  number  of  capital  offenses  from  26  to  65,  and  included 
financial  crimes  such  as  counterfeiting  currency,  passing  fake  negotiable  notes  and 
letters  of  credit,  and  illegal  "pooling'  of  funds.  In  May  1996,  the  Supreme  Court 
ruled  that  crimes  resulting  in  death  should  be  punished  by  death  regardless  of  ex- 
tenuating circumstances.  Amnesty  International  (AI)  reported  in  August,  based  on 
a  review  of  Chinese  press  accounts,  that  in  1996  China  sentenced  more  than  6,100 
convicts  to  death  and  carried  out  4,367  executions.  More  summary  executions  were 
reported  as  officials  continued  to  promote  the  "strike-hard,"  national  anticrime  cam- 
paign. A  high  court  nominally  reviews  all  death  sentences,  but  the  time  between  ar- 
rest and  execution  is  often  days,  and  reviews  have  consistently  resulted  in  a  con- 


719 

firmation  of  sentence.  The  AI  report  included  one  case  in  which  a  man  was  con- 
victed on  May  13,  1996  and  executed  on  May  19,  1996.  According  to  a  Chinese  news- 
Saper,  the  Shyiazhuang  Intermediate  People's  Court  held  a  public  sentencing  on 
une  26,  at  which  seven  previously  convicted  criminals  were  given  the  death  pen- 
alty. The  convicts  were  "escorted  to  the  execution  ground  and  executed  by  shooting 
after  the  meeting."  No  executions  for  political  oflenses  are  known  to  have  occurred 
in  1997. 

In  recent  years,  credible  reports  have  alleged  that  organs  from  some  executed 
prisoners  were  removed,  sold,  and  transplanted.  Officials  nave  confirmed  that  exe- 
cuted prisoners  are  among  the  sources  of  organs  for  transplant,  but  maintain  that 
consent  is  required  from  prisoners  or  their  relatives  before  organs  are  removed. 
There  is  no  national  law  governing  organ  donations,  but  a  Ministry  of  Health  direc- 
tive explicitly  states  that  bu)dng  and  selling  human  organs  and  tissues  is  not  al- 
lowed. 

Government  officials  deny  that  China  holds  any  political  prisoners,  asserting  that 
authorities  detain  persons  not  for  the  political  or  religious  views  that  they  hold,  but 
because  they  violate  the  Criminal  Law.  However,  the  authorities  continue  to  confine 
citizens  for  political  and  religious  reasons.  It  is  estimated  that  thousands  of  political 
prisoners  remain  imprisoned  or  detained.  Vice  Minister  of  Justice  Zhang  Xiufu  told 
a  press  conference  on  May  30  that  there  were  2,026  prisoners  in  China  jailed  for 
"counterrevolutionary  crimes,"  a  charge  often  lodged  in  the  past  against  political  dis- 
sidents. Thousands  more  were  charged  with  criminal  oflenses,  detained  but  not 
charged,  or  sentenced  in  an  extrajudicial  process  to  1-  to  3-years  in  reeducation- 
through-labor  camps. 

Defendants  are  legally  entitled  to  challenge  reeducation-through-labor  sentences 
under  the  Administrative  Procedures  Law.  Some  persons  have  gained  a  reduction 
in,  or  suspension  of,  their  sentences  after  reconsideration  or  appeal,  but  problems 
such  as  short  appeal  times  and  inadequate  legal  counsel  weaken  the  effectiveness 
of  the  law  in  preventing  or  reversing  arbitrary  decisions.  Few  appeals  are  success- 
ful. Liu  Xiaobo's  appeal  was  rejected  in  March. 

The  new  Criminal  Law,  which  came  into  effect  in  October,  replaced 
"counterrevolutionary"  oflenses  with  provisions  barring  "treasonous  acts  designed  to 
threaten  national  security."  Crimes  that  threaten  national  security  are  loosely  de- 
fined and  some  observers  think  they  will  be  used  to  punish  the  same  "crimes  cov- 
ered under  the  counterrevolutionary  laws.  Before  this  new  law  became  effective,  po- 
litical dissidents  Wei  Jingsheng  and  Wang  Dan  were  both  sentenced  for  "conspiracy 
to  overthrow  the  government"  to  14  years  and  11  years  respectively.  Labor  activists 
Li  Wenming  and  Quo  Baosheng,  who  had  been  detained  since  1994,  were  given 
lighter  sentences  than  the  legalK^  prescribed  minimum  for  the  charge  of  subversion 
when  their  sentences  were  handea  down  in  May,  6  months  after  their  trial.  They 
were  released  in  late  1997.  Those  charged  with  counterrevolutionary  crimes  con- 
tinue to  serve  their  sentences. 

The  Government  released  early  certain  prisoners  detained  for  their  political  or  re- 
ligious beliefs,  including  Xi  Yang,  Zhao  Lei,  Zhou  Guoqiang,  and  Yu  Znenbin.  Other 
Erisoners  were  released  in  1997  upon  completion  of  their  sentences,  including  Zhang 
in  and  Bao  Ge.  Bao  Tong  was  released  from  house  arrest,  although  forced  to  give 
up  his  government  quarters  in  Beijing  and  move  with  his  family  to  an  apartment 
in  the  suburbs,  where  he  remains  closely  monitored.  Many  others,  including  Liu 
Nianchun,  Liu  Xiaobo,  Li  Hai,  Bishop  Zeng  Jingmu,  Ngawang  Choephel,  and 
Ngawang  Sandrol  (see  Tibet  Addendum)  remamed  imprisoned  or  under  otner  forms 
of  detention  during  the  year.  Chen  Ziming  remained  under  house  arrest  at  year's 
end. 

Criminal  punishments  can  include  "deprivation  of  political  rights"  for  a  fixed  pe- 
riod after  release  from  prison,  during  which  the  individual  is  denied  rights  of  free 
speech  and  association.  Former  prisoners  often  also  find  their  status  in  society,  abil- 
ity to  find  employment,  freedom  to  travel,  and  access  to  residence  permits  and  social 
services  severely  restricted.  Economic  reforms  and  social  changes  have  ameliorated 
these  problems  for  nonpolitical  prisoners  to  some  extent  in  recent  years.  Former  po- 
litical prisoners  and  their  families,  however,  are  frequently  subjected  to  police  sur- 
veillance, phone  taps,  searches,  and  other  forms  of  harassment,  and  also  may  en- 
counter dimculty  in  obtaining  or  keeping  employment  and  housing.  Chinese  security 
personnel  are  posted  at  the  homes  of^  and  follow  the  close  relatives  of  prominent  dis- 
sidents such  as  Wang  Dan  and  Chen  Ziming,  particularly  during  sensitive  periods. 
On  occasion,  Chen  Ziming's  wife  was  followed  by  10  or  more  Public  Security  Bureau 
personnel  on  motorbikes  or  in  cars.  Dissidents  Xu  Shuiliang,  Bao  Ge,  and  others 
were  prevented  from  taking  employment  following  their  releases  and  were  under 
constant  surveillance.  Bao  Ge's  mother  sent  an  open  letter  to  President  Jiang  Zemin 
in  September,  pleading  for  an  end  to  the  police  and  municipal  government  narass- 


720 

ment  that  had  made  it  impossible  for  Bao  Ge  to  find  a  job  afler  his  release  from 
a  labor  camp  in  June.  Fearing  rearrest,  Bao  Ge  left  China  in  October.  Government 
harassment  nas  prevented  relatives  of  Chen  Ziming,  Liu  Nianchun,  Qin  Yongmin, 
and  other  dissidents  from  obtaining  and  keeping  steady  eniployment. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — Govern- 
ment interference  in  daily  personal  and  family  life  continues  to  aecline  for  the  aver- 
age Chinese  citizen.  In  urban  areas,  most  people  still  depend  on  government-linked 
work  units  for  housing,  permission  to  have  a  child,  approval  to  apply  for  a  passport, 
and  other  aspects  of  ordinary  life.  However,  the  worlc  unit  ana  the  neighbornood 
committee,  which  were  originally  charged  with  monitoring  activities  and  attitudes, 
have  become  less  impwrtant  as  means  of  social  or  political  control.  Political  "study 
sessions,"  meant  to  instill  in  all  citizens  k  common,  party-approved  political  line,  no 
longer  play  a  meaningful  role  in  shaping  attitudes  and  are  infrequent,  if  held  at  all. 
Work  units  reportedly  have  refused  to  cooperate  with  police  requests  to  provide  de- 
tention for  employees. 

However,  despite  legal  protections,  authorities  often  do  not  respect  the  privacy  of 
citizens  in  practice.  Although  the  law  requires  warrants  before  security  forces  can 
search  premises,  this  provision  can  be  ignored  by  authorities;  moreover,  the  Public 
Security  Bureau  and  tne  procuratorate  can  issue  search  warrants  on  their  own  au- 
thority. The  Constitution  states  that  "freedom  and  privacy  of  correspondence  of  citi- 
zens are  protected  by  law."  In  practice,  however,  authorities  often  monitor  telephone 
conversations,  fax  transmissions,  electronic  mail,  and  Internet  communications  of 
foreign  visitors,  businessmen,  diplomats,  and  journalists,  as  weU  as  Chinese  dis- 
sidents, activists,  and  others.  Authorities  also  open  and  censor  domestic  and  inter- 
national mail.  In  November  1996,  Han  Chunsheng,  a  Voice  of  America  (VGA)  lis- 
tener who  allegedly  sent  over  20  letters  critical  of  China  to  the  VGA  mailbox  in 
Beijing  between  the  summer  of  1995  and  May  1996,  was  sentenced  to  8  years'  im- 
prisonment on  the  charge  of  counterrevolutionary  incitement  and  propaganda. 
Around  mid-year,  Wang  Dan's  family  stopped  receiving  foreign  mail.  Government 
security  organs  monitor  and  sometimes  restrict  contact  oetween  foreigners  and  citi- 
zens. Rules  implementing  the  State  Security  Law  define  as  a  violation  of  the  law 
"activities  of  individuals  outside  the  country  (including  non-Chinese  citizens  resi- 
dent in  China)  who  disregard  dissuasion  and  meet  with  personnel  in  the  country 
who  have  endangered  state  security  or  who  are  seriously  suspected  of  endangering 
state  security."  Dissidents  are  routinely  warned  not  to  speak  with  the  foreign  press. 

The  Government  encouraged  expansion  of  Internet  and  other  communications  in- 
frastructure. Internet  use  among  Chinese  is  expanding  exponentially,  creating  a  po- 
tentially powerful  channel  of  information  to  the  computer-literate.  Estimates  of  the 
number  of  Chinese  connected  to  the  Internet  vary  from  200,000  to  over  600,000,  al- 
though the  majority  of  users  are  on  e-mail  only  accounts.  Chinese  authorities  con- 
tinue to  try  to  control  Internet  content  by  blocking  politically  sensitive  web  sites, 
including  those  of  some  major  foreign  news  organizations  and  dissident  groups.  A 
number  of  human  rights  web  pages  are,  however,  accessible,  including  that  of  the 
Tibet  govemment-in-exile.  The  Government's  efforts  to  block  content  and  control 
usage  nave  limited  effectiveness  because  users  can  easily  use  browser  "proxies"  to 
bj^ass  site  blocking.  E-mail  and  e-mail  publications  are  more  difficult  to  block,  and 
there  is  no  indication  that  the  Government  has  attempted  to  do  so.  Chinese  dis- 
sident groups  abroad  have  successfully  used  e-mail  to  send  publications  to  readers 
in  China.  In  May  the  State  Council  issued  regulations  requiring  those  involved  in 
international  networking  to  apply  for  licenses  and  provide  details  regarding  the 
scope  and  nature  of  their  activities.  In  December  the  State  Council  promulgated  a 
comprehensive  list  of  prohibited  Internet  activities,  including  using  tne  Internet  to 
"incite  the  overthrow  of  the  Government  or  the  Socialist  system"  and  "incite  division 
of  the  country,  harming  national  unification."  The  regulations,  which  came  into  ef- 
fect on  December  30,  provide  for  fines  and  other  unspecified  punishments  to  deal 
with  violators. 

The  authorities  continue  to  jam  VGA  broadcasts,  but  the  effectiveness  of  this  in- 
terference varies  considerably  by  region,  with  audible  signals  of  VGA  and  other 
short-wave  broadcasters  reaching  most  parts  of  China,  including  the  capital.  Radio 
Free  Asia  began  operation  in  Chinese  and  Tibetan  in  1996.  In  August  monitors  in 
Beijing  and  Hong  Kong  reported  that  for  the  first  time  some  Radio  Free  Asia  trans- 
missions in  Mandarin  were  being  jammed. 

The  Government  continued  to  implement  comprehensive  and  often  intrusive  fam- 
ily planning  policies.  The  State  Family  Planning  Commission  formulates  and  imple- 
ments policies  with  assistance  from  the  Family  Planning  Association,  which  has  83 
million  members  in  1.02  million  branches.  Chinese  demographers  at  an  October  con- 
ference predicted  that  the  population  would  reach  almost  1.56  billion  in  the  year 
2044  if  tne  current  fertility  rate  continued.  Most  estimated  fertility  at  2.1  births  per 


721 

woman — indicating  that  the  "one-child  policy"  is  not  applied  to  the  majority  of  Chi- 
nese couples.  Couples  in  urban  areas  are  most  afliected,  seldom  receiving  permission 
to  have  more  than  one  child,  although  the  Government  maintains  that  urban  cou- 
ples who  themselves  were  only  children  may  now  receive  permission  to  have  two 
children.  Outside  the  cities,  exceotions  to  the  "one-child  policy"  are  becoming  the 
norm.  The  average  number  of  children  per  family  in  rural  areas,  where  70  percent 
of  the  people  live,  is  slightly  over  two.  In  rural  areas,  couples  are  allowed  to  have 
a  second  child  if  the  first  is  a  girl,  an  exception  that  takes  into  account  both  the 
demands  of  farm  labor  and  the  traditional  preference  for  boys.  Some  ethnic  minori- 
ties, such  as  Muslim  Uyghurs  and  Tibetans,  are  subject  to  less  stringent  population 
controls.  Minorities  in  some  rural  areas  are  permitted  to  have  as  many  as  four  chil- 
dren. In  remote  areas,  such  as  rural  Tibet,  there  are  no  effective  limits  at  all. 

Population  control  policy  relies  on  education,  propaganda,  and  economic  incen- 
tives, as  well  as  on  more  coercive  measures,  including  psychological  pressure  and 
economic  penalties.  Rewards  for  couples  who  adhere  to  the  policy  include  monthly 
stipends  and  preferential  medical  and  educational  benefits.  Disciplinary  measures 
against  those  who  violate  the  policy  can  include  fines,  withholding  of  social  services, 
demotion,  and  other  administrative  punishments  that  sometimes  result  in  loss  of 
employment.  Penalties  for  excess  births  can  also  be  levied  against  local  officials  and 
the  mothers'  work  units,  thus  creating  multiple  sources  of  pressure.  Fines  for  giving 
birth  without  authorization  vary,  but  they  can  be  a  formidable  disincentive.  Accord- 
ing to  the  State  Family  Plannmg  Commission  1996  family  planning  manual,  over 
24  million  fines  were  assessed  fctween  1985  and  1993  lor  children  bom  outside 
family  planning  rules.  In  Fujian,  the  standard  fine  has  been  calculated  to  be  twice 
a  family's  gross  annual  income;  additional,  unauthorized  births  incur  fines  assessed 
in  increments  of  50  percent  per  child.  In  Guangzhou  the  standard  fine  is  calculated 
to  be  30  to  50  percent  of  7  years'  income  for  the  average  resident.  In  some  cases 
a  "social  compensation  fee"  is  also  imposed.  Unpaid  fines  have  sometimes  resulted 
in  confiscation  or  destruction  of  homes  and  personal  property  by  local  officials. 
Central  government  officials  acknowledge  that  such  inciaents  occur,  but  insist  that 
cases  like  these  are  neither  the  norm  nor  in  line  with  official  policy;  they  attribute 
such  behavior  to  ignorance  or  "unsophisticated  thinking"  on  the  part  of  local  offi- 
cials. In  September  several  dozen  people  in  the  town  of  Changbo,  Guangdong  prov- 
ince, reportedly  clashed  with  local  police  because  they  blamed  the  death  of  a  village 
woman  on  an  intrauterine  device  tnat  had  been  inserted  as  part  of  the  official  fam- 
ily planning  program.  Several  hundred  peasants  in  Gaozhou  city,  Guangdong  prov- 
ince, and  neighboring  villages  staged  protests  in  September  against  fines  imposed 
by  the  local  government  for  family  planning  violations. 

The  Government  prohibits  the  use  of  force  to  compel  persons  to  submit  to  abortion 
or  sterilization,  but  poor  supervision  of  local  officials  who  are  under  intense  pressure 
to  meet  family  planning  targets  can  result  in  instances  of  abuse,  including  forced 
abortion  and  sterilization.  During  an  unauthorized  pregnancy,  a  woman  is  often  vis- 
ited by  family  planning  agents  and  pressured  to  terminate  the  pregnancy.  There 
were  credible  reports  in  1996  that  several  women  were  forced  to  undergo  abortions 
of  unauthorized  pregnancies  in  Fujian.  Officials  maintain  that,  when  discovered, 
those  responsible  for  such  coercion  are  disciplined  and  undergo  retraining,  but  they 
have  not  provided  any  data  or  examples  that  confirm  this  assertion.  Individuals  also 
can  sue  officials  who  exceed  their  authority  in  implementing  family  planning  policy, 
and  there  are  instances  where  individuals  have  exercised  this  right.  The  Chinese 
press  reported  in  November  a  case  in  Yongshan  township,  Jiangxi  province,  in 
which  a  15-year-old  girl  and  her  mother  took  local  authorities  to  court  for  forcing 
the  girl  to  undergo  a  pregnancy  test.  Citing  the  girl's  "psychological  and  economic 
losses,"  the  court  ordered  the  Yongshan  township  government  to  make  a  formal 
apology  to  the  girl  and  pay  her  $323  in  compensation.  Not  satisfied  with  the  judg- 
ment, the  girl's  family  said  that  it  would  file  an  appeal  to  seek  higher  compensation. 
According  to  one  credible  report,  some  women  in  reeducation-through-labor  camps 
found  to  be  pregnant  while  serving  sentences  were  forced  to  submit  to  abortions, 
despite  the  official  prohibition  on  forced  abortion. 

Regulations  forbid  the  termination  of  pregnancies  based  on  the  sex  of  the  fetus, 
but  because  of  the  traditional  preference  for  male  children,  particularly  in  rural 
areas,  some  families  have  used  ultrasound  to  identify  female  fetuses.  Use  of 
ultrasound  for  this  purpose  is  specifically  prohibited  by  the  Maternal  and  Child 
Health  Care  Law,  which  calls  for  punishment  of  medical  practitioners  who  violate 
this  provision.  According  to  the  State  Family  Planning  Commission,  a  handful  of 
doctors  have  been  charged  under  this  law.  The  Chinese  press  has  reported  that  the 
national  ratio  of  male  to  female  births  is  114  to  100;  in  September  the  World  Health 
Organization  estimated  the  ratio  to  be  117  to  100.  The  statistical  norm  is  106  male 
births  to  100  female.  Official  statistics  may  exclude  many  female  births,  especially 


722 

the  second  or  third  in  a  family.  Such  births  are  unreported  so  that  the  parents  can 
keep  trying  to  conceive  a  boy.  These  statistics  also  probably  reflect,  however,  the 
abuse  of  sonography  and  the  termination  of  pregnancies  based  on  the  sex  of  the 
fetus.  Female  infanticide,  abandonment,  or  neglect  of  baby  girls  may  also  be  a  factor 
in  some  areas. 

The  Maternal  and  Child  Health  Care  Law,  which  came  into  effect  in  1995,  calls 
for  premarital  and  prenatal  examinations  to  determine  whether  couples  have  acute 
infectious  diseases,  certain  mental  illnesses  (not  including  mental  retardation),  or 
are  at  risk  for  passing  on  debilitating  genetic  diseases.  The  Ministry  of  Health,  not 
the  State  Family  Planning  Commission,  implements  the  law,  which  mandates  abor- 
tion or  sterilization  in  some  cases,  based  on  medical  advice.  The  law  also  provides 
for  obtaining  a  second  opinion  and  states  that  patients  or  their  guardians  must  give 
written  consent  to  such  procedures  (see  Section  5).  At  least  five  provincial  govern- 
ments have  implemented  local  regulations  seeking  to  prevent  people  with  severe 
mental  disabilities  from  having  children. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Although  the  Constitution  states  that  freedom 
of  speech  and  freedom  of  the  press  are  fundamental  rights  enjoyed  by  all  citizens, 
the  Government  interprets  the  Communist  Party's  "leading  role,"  as  mandated  in 
the  preamble  to  the  Constitution,  as  circumscribing  these  rights.  It  does  not  permit 
citizens  to  publish  or  broadcast  criticism  of  senior  leaders  or  opinions  that  contradict 
basic  Communist  Party  doctrine.  The  party  and  (jovemment  continue  tx)  control 
tightly  print  and  broadcast  media  and  use  them  to  propagate  the  current  ideological 
line.  There  are  10,000  openly  distributed  publications  in  China,  including  2,200 
newspapers.  During  the  year,  the  Central  Propaganda  Department  instructed  all 
provinces  and  municipalities  to  set  up  a  special  team  to  review  publications.  All 
media  employees  are  under  explicit,  public  orders  to  follow  CCP  directives,  and 
"guide  public  opinion"  as  directed  by  political  authorities.  Both  formal  and  informal 
guidelines  continue  to  require  reporters  to  avoid  coverage  of  sensitive  subjects  and 
negative  news.  Journalists  also  must  protect  state  secrets  in  accordance  with  the 
State  Security  Law  (see  Section  I.e.).  These  public  orders,  guidelines,  and  laws 
greatly  restrict  the  freedom  of  broadcast  journalists  and  newspapers  to  report  the 
news  and  leads  to  a  high  degree  of  self-censorship.  In  October  leading  dailies  in 
China  carried  a  translation  of  a  major  policy  speech  by  a  foreign  ofiiciaJ;  however, 
a  lengthy  section  on  human  rights  was  dropped  from  the  translation. 

In  January  the  State  Council  issued  new  regulations  governing  the  publishing  in- 
dustry that  provided  for  citizens'  rights  to  "freely  express  their  view  on  state  affairs 
and  publish  academic  and  literary  works"  but  stipulated  that  people  cannot  publish 
any  material  that  is  contrary  to  the  Constitution,  reveals  state  secrets,  endangers 
the  national  security,  or  harms  the  country.  The  effect  of  these  regulations  at  year's 
end  was  unclear. 

In  September  President  Jiang  called  for  increased  supervision  over  the  media  and 
the  arts  to  check  the  spread  of  "decadent  ideas."  On  October  1,  regulations  banning 
foreign  ownership  or  management  of  theaters,  music  halls,  radio  stations,  networks, 
production  studios,  booking  agencies,  and  publishing  and  printing  enterprises  went 
into  effect.  Foreign  films  face  strict  quotas  and  censorship. 

During  the  year,  a  number  of  Chinese  spoke  out  publicly  to  criticize  the  Govern- 
ment or  express  views  contrary  to  the  official  line.  The  Government's  response  to 
these  dissenters  varied,  but,  overall,  was  somewhat  more  tolerant  than  in  recent 
years.  Zhang  Lin,  who  was  released  from  prison  in  June  and  subsequently  co-au- 
thored an  open  letter  to  Jiang  Zemin  calling  for  better  treatment  of  "oppressed 
workers,"  was  granted  a  passport  and  allowed  to  leave  the  country.  The  other  co- 
author of  the  letter,  Shen  Liangqing  was  briefly  detained.  After  his  release  in  June, 
democracy  activist  Bao  Ge  publicly  lobbied  the  (jovemment  in  support  of  a  series 
of  controversial  causes,  including  war  reparations  from  Japan,  reassessment  of  the 
Tiananmen  incident,  and  the  cremation  of  Mao's  corpse.  Bao  also  filed  a  case  in  the 
Shanghai  courts  arguing  that  his  rights  had  been  violated  during  his  3  years  in  a 
labor  camp  because  prison  administrators  had  denied  him  writing  materials  and  ac- 
cess to  visitors.  Bao  was  allowed  to  carry  nut  these  activities  under  tight  surveil- 
lance for  several  months  until  the  eve  of  the  Communist  Party  Congress  in  Septem- 
ber, when  public  security  officials  beat  and  briefly  detained  nim.  Fearing  rearrest, 
Bao  Ge  left,  China  in  October.  Lin  Mu,  the  secretary  of  the  late  Communist  Party 
leader  Hu  Yaobang,  in  September  sent  an  open  letter  to  the  15th  Party  Congress 
calling  for  a  reassessment  of  the  Tiananmen  Square  Massacre.  No  action  was  taken 
against  him.  A  former  party  leader  reportedly  approved  sending  a  letter  on  political 
issues  under  his  name  to  party  leaders;  as  a  result,  the  conditions  of  his  house  ar- 
rest were  tightened. 


723 

There  were  other  calls  from  those  "within  the  system"  for  greater  political  reform. 
In  August  Beuing  University  Professor  Shang  Dewen  publicly  advocated  a  25-year 
program  of  (Miitical  reform  that  would  include  the  phased  adoption  of  direct  elec- 
tions for  senior  govenmient  officials,  a  directly  elected  parliament,  an  independent 
judiciary,  and  a  free  press.  In  a  September  speech  before  the  foreign  press  corps, 
author  Wang  Shan  called  on  the  Government  to  ease  controls  on  the  news  media. 
A  new  book  of  essays  by  senior  academics,  entitled  "A  Critical  Moment,"  called  for 
direct  elections  of  leaders  "when  conditions  are  ripe."  Beijing  intellectual  Fang  Jue 
oublished  and  disseminated  an  article  advocating  elections,  freedom  of  press,  and 
faster  economic  reforms.  These  authors  were  not  punished  or  harassed  by  the  Chi- 
nese authorities.  Since  the  release  of  Wei  Jingsheng  in  November,  there  were  more 
demands  for  legal  and  political  reform  and  a  review  of  the  Tiananmen  Incident.  In 
private  conversations  among  family  and  friends,  citizens  generally  feel  freer  than 
m  the  past  to  express  personal  views  on  politics,  even  if  those  views  are  critical  of 
the  Government. 

The  Government  continued,  however,  to  control  tightly  dissenting  views  and  pun- 
ish those  who  voiced  such  views  when  it  felt  that  its  authority  was  directly  chal- 
lenged or  that  social  stability  was  threatened.  Shen  Liangqing,  who  was  released 
from  a  labor  camp  in  June,  was  briefly  detained  in  Anhui  province  in  September 
after  sending  an  open  letter  to  Chinese  leaders  demanding  justice  for  oppressed 
workers  and  action  against  corrupt  officials.  Shen  also  had  written  a  series  oi  letters 
calling  for  the  release  of  Wang  Dan  and  Wei  Jingsheng.  During  the  15th  Communist 
Party  Congress,  authorities  censored  editions  of  the  International  Herald  Tribune 
that  carried  a  photograph  of  police  arresting  a  protester  outside  the  Great  Hall  of 
the  People  where  the  Congress  was  taking  place.  The  state-owned  media  also 
blocked  at  least  one  foreign  news  report  showing  footage  of  then  party  secretary 
Zhao  Ziyang  addressing  student  protesters  in  Tiananmen  Square  during  the  1989 
protests. 

The  Government  initiaUy  denied  but  subsequently  issued  a  visa  to  a  foreign  jour- 
nalist who  had  written  stories  critical  of  the  country.  Repwrters  were  subjected  to 
surveillance  and,  on  occasion,  harassment.  A  German  journalist  was  held  for  several 
days  under  loose  house  arrest  in  a  hotel  in  Anhui  province  for  conducting  an  "illegal 
interview"  with  the  younger  brother  of  Wei  Jingsheng.  He  subsequently  resumed  his 
journalistic  activities  in  China. 

Despite  these  government  controls,  uncontrolled  information  about  the  nation  and 
the  world  is  flowing  into  the  country  at  an  increasing  rate.  Residents  in  Guangdong 
and  other  parts  oi  southern  China  have  access  to  Hong  Kong  television  programs 
and  newspapers.  Throughout  China,  a  lively  tabloid  sector  continues  to  flourish. 
Radio  talk  shows  remain  popular,  and,  while  avoiding  politically  sensitive  subjects, 
they  provide  opportunities  for  citizens  to  air  grievances  about  public  issues.  Despite 
licensing  requirements,  a  small  but  rapidly  growing  segment  of  the  population  nas 
access  to  satellite  television  broadcasts  and  most  sites  on  the  Internet.  Most  citizens 
have  the  means  to  own  and  use  short-wave  radios,  and  the  Government  does  not 
place  any  restrictions  on  their  use. 

Fierce  competition  and  dwindling  government  subsidies  have  increased  opportuni- 
ties for  private  publishers  and  booksellers,  but  the  Government  continued  efforts  to 
control  the  production  and  dissemination  of  publications.  Despite  efforts  to  limit  the 
number  of  books  published  by  controlling  book  registration  numbers  issued  to  offi- 
cially approved  publishing  houses,  books  continued  to  be  published  through 
unsanctioned  channels. 

The  Government  continues  to  impose  ideological  controls  on  political  discourse  at 
coUeges,  universities,  and  research  institutes.  In  June,  just  prior  to  the  Tiananmen 
anniversary,  academics  in  Beijing  were  required  to  inform  police  in  advance  if  they 
planned  to  hold  conferences  attended  by  more  than  20  people  in  or  out  of  the  cap- 
ital. Academic  discussions  are  often  unrestricted  but  scholars  and  researchers  report 
varying  degrees  of  control  regarding  the  issues  that  they  may  examine  and  the  con- 
clusions that  they  may  draw.  Censorship  of  written  material  comes  at  the  time  of 
publication,  or  when  intellectuals  and  scholars,  anticipating  that  books  or  papers  on 
political  topics  would  be  deemed  too  sensitive  to  be  pubUsned,  exercise  self-censor- 
ship. In  areas  such  as  economic  policy  or  legal  reform,  there  was  far  greater  official 
tolerance  for  comment  and  debate. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly,  but  the  Government  severely  restricts  this  right  in 

f)ractice.  The  Constitution  provides,  for  example,  that  such  activities  may  not  chal- 
enge  "party  leadership"  or  infringe  upon  the  "interests  of  the  State."  Protests 
against  the  political  system  or  its  leaders  are  prohibited.  Authorities  deny  permits 
and  quickly  move  to  suppress  demonstrations  involving  expression  of  dissenting  po- 
litical views.  In  March  Beijing  police  arrested  a  man  for  aistributing  leaflets  aoout 


724 

Tiananmen  Square  that  demanded  a  government  apology  for  the  violent  suppression 
of  the  1989  student  demonstrations.  At  least  eight  protesters  were  picked  up  by  po- 
lice in  Tiananmen  Square  during  the  15th  Party  Congress.  Police  reportedly  sup- 
pressed large-scale  labor  demonstrations  in  several  provinces,  inclumng  Sichuan. 
Estimates  of  the  number  of  protesters  in  Mianyang,  Sichuan,  ranged  from  several 
hundred  to  several  thousand.  Approximately  1,000  rickshaw  drivers  in  Zigong, 
Sichuan,  protested  in  December  (see  Section  6.a.).  In  May  security  officials  in  a 
major  northeastern  city  responded  to  worker  unrest  by  issuing  a  public  notice  ban- 
ning all  demonstrations. 

The  Government,  however,  showed  greater  tolerance  in  a  number  of  instances  of 
peaceful,  public  protest.  In  September  the  wife  of  jailed  labor  activist  Liu  Nianchun 
unfurled  a  protest  banner  in  front  of  the  Justice  Ministry,  demanding  her  husband's 
release  on  medical  parole.  Oflicials  listened  to  her  case  and  promised  an  investiga- 
tion. There  are  credible  reports  that  small,  peaceful  protests  that  do  not  challenge 
the  regime  occur  daily  across  the  country.  Demonstrators  frequently  gathered  at  the 
front  ^ate  of  the  State  Family  Planning  Commission  building  and  were  left  alone 
by  police  as  long  as  they  remained  peaceful.  Protests  on  a  wide  range  of  issues  occur 
at  the  Beijing  city  government  heaaauarters  every  week  or  two. 

The  Constitution  provides  for  freeaom  of  association,  however,  the  Government  re- 
stricts this  right  in  practice.  Communist  Party  regulations  require  that  all  profes- 
sional and  social  organizations  officially  register  and  be  approved.  Ostensibly  aimed 
at  secret  societies  and  criminal  gangs,  these  regulations  also  deter  the  formation  of 
political,  religious,  and  labor  organizations  that  directly  challenge  government  au- 
thority. 

Nevertheless,  there  are  1,500  national-level  quasi-nongovernmental  organizations 
and  200,000  similar  lower  level  organizations  registered  with  the  Ministry  of  Civil 
Affairs.  Although  these  organizations  all  come  under  some  degree  of  government 
control,  they  are  nonetheless  increasingly  able  to  develop  their  own  agendas.  The 
number  of  such  organizations  and  the  scope  of  their  activities  are  growing  rapidly. 
Many  have  support  from  foreign  secular  and  religious  nongovernmental  organiza- 
tions. Some  seek  advocacy  roles  in  public  interest  areas  such  as  women's  issues,  the 
environment,  and  consumer  rights.  Before  he  fled  China  in  October,  Bao  Ge  joined 
with  journalist  Feng  Yingzi,  a  member  of  the  Shanghai  Chinese  People's  Political 
Consultative  Conference  Standing  Committee,  to  form  a  group  to  demand  war  rep- 
arations from  Japan.  The  two  wrote  a  letter  in  August  to  the  Ministry  of  Civil  Ai- 
fairs  seeking  registration  of  their  new  organization. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religious  belief. 
Although  there  is  no  comprehensive  legislation  governing  religious  affairs,  the 
Criminal  Law  states  that  government  employees  who  illegally  deprive  citizens  of 
this  right  may,  if  the  case  is  serious,  be  sentenced  to  up  to  2  years  in  prison.  There 
are  no  known  reports  of  persons  being  punished  under  this  law.  The  Government, 
however,  seeks  to  restrict  religious  practice  to  government-controlled  and  -sanc- 
tioned religious  organizations  and  registered  places  of  worship. 

The  State  Council  is  responsible  for  monitoring  religious  activity.  During  the  year, 
the  Government  continued  a  national  campaign  to  enforce  1994  State  Council  regu- 
lations that  require  all  religious  groups  to  register  with  government  religious  affairs 
bureaus  and  come  under  the  supervision  of  official  "patriotic"  religious  organiza- 
tions. Some  religious  groups  were  subjected  to  increased  restrictions,  although  the 
degree  of  restrictions  varied  significantly  from  region  to  region  and  the  numner  of 
reugious  adherents,  in  both  unregistered  and  registered  churches,  continued  to  grow 
rapidly. 

In  certain  regions,  government  supervision  appears  to  have  loosened,  but  local  im- 
plementing regulations,  such  as  those  for  Shanghai,  Chongqing,  and  Guangxi,  caU 
for  strict  government  oversight.  In  some  parts  of  the  country  registered  and  unregis- 
tered churches  are  treated  similarly  by  authorities  and  congregants  worship  in  both 
tjrpes  of  churches.  In  other  areas,  particularly  in  regions  where  considerable  unoffi- 
cial and  unregistered  religious  activity  has  taken  place,  authorities  closely  monitor 
places  of  worship  and  the  relationship  between  unregistered  and  registered  church- 
es is  tense. 

At  the  end  of  1996,  the  Government  reported  that  more  than  70,000  places  of  wor- 
ship had  registered.  During  1997  authorities  continued  the  campaign  to  register  all 
rebgious  groups.  Some  groups  registered  voluntarily,  some  registered  under  pres- 
sure, while  authorities  refused  to  register  others.  LJnofficial  groups  claim  that  au- 
thorities often  refuse  them  registration  without  explanation.  According  to  the  Gov- 
ernment, these  refusals  were  mainly  the  result  of  inadequate  meeting  spaces.  Many 
religious  groups  have  been  reluctant  to  comply  with  the  regulations  out  of  principled 
opposition  to  state  control  of  religion  or  for  fear  of  adverse  consequences  if  they  re- 
veal, as  required,  the  names  and  addresses  of  members  and  details  about  leadership 


725 

activities,  flnances,  and  contacts  in  China  or  abroad.  In  April  one  of  the  largest 
house  churches  in  Zheiiang  agreed  under  persistent  pressure  to  apply  for  registra- 
tion on  the  condition  that  it  would  not  be  required  to  join  the  Three-Self  Patriotic 
Movement  or  the  Chinese  Christian  Council;  however,  provincial  authorities  judged 
that  this  condition  was  not  in  accord  with  government  regulations,  declared  it  ule- 
gal,  and  closed  the  church  down. 

The  State  Council's  Religious  Affairs  Bureau  is  responsible  for  judging  the  legit- 
imacy of  religious  activity.  The  Religious  Affairs  Bureau  and  the  CCP  United  Front 
Work  Department,  staffed  by  officials  who  rarely  are  religious  adherents,  provide 
"^idance  and  supervision"  over  implementation  of  government  regulations  on  reli- 
gion and  on  the  role  of  foreigners  in  religious  activity. 

The  law  does  not  prohibit  religious  believers  from  holding  public  office;  however. 
Communist  Party  omcials  state  that  party  membership  and  religious  belief  are  in- 
compatible. According  to  an  April  Hong  Kong  newspaper  article,  the  Communist 
Party  issued  a  circular  in  early  1997  ordering  party  members  not  to  adhere  to  reli- 
gious beliefs.  In  January  1995,  the  CCP  circulatea  a  document  to  party  organiza- 
tions at  the  provincial  level  ordering  the  expulsion  of  party  members  who  oelong 
to  open  or  clandestine  religious  organizations.  In  November  1996,  the  People's  Lib- 
eration Army  Daily's  report  on  military  "spiritual  civilization"  stated  that  it  is  nec- 
essary to  conduct  education  in  atheism  so  that  they  (the  military)  believe  in  science 
and  oppose  superstition.  Participation  in  religious  activities  is  forbidden."  There  is 
no  available  evidence  indicating  whether  party  or  PLA  military  personnel  were  ex- 
pelled under  the  1995  or  1996  regulations.  According  to  government  officials,  20  to 
25  percent  of  Communist  Party  officials  engage  in  religious  activities,  an  increase 
over  estimates  for  1995.  Most  officials  who  practice  a  religion  are  Buddhist  or  be- 
lieve in  a  folk  religion.  Religious  figures  are  included  in  national-level  government 
organizations.  For  example,  the  National  People's  Congress  (NF*C)  includes  several 
religious  figures,  including  Pagbalha  Geleg  Namgyai,  a  Tibetan  "living  Buddha," 
who  is  a  vice-chairman  of  the  Standing  Committee  of  the  NPC.  Religious  groups  are 
also  represented  in  the  Chinese  People's  Political  Consultative  Conierence,  a  forum 
for  multiparty  cooperation  and  consultation  led  by  the  CCP,  which  advises  the  Gov- 
ernment on  policy. 

After  forcefully  suppressing  all  religious  observances  and  closing  all  seminaries 
during  the  1966-76  tfultural  Revolution,  the  Government  began  in  the  late  1970's 
to  restore  or  replace  damaged  or  confiscated  churches,  temples,  mosques,  and  mon- 
asteries and  to  allow  the  reopening  of  seminaries.  Implementation  of  this  policy  has 
varied  from  locality  to  locality.  According  to  a  government  white  paper  on  religion 
issued  during  the  year,  there  are  100  million  religious  adOierents,  more  than  85,000 
religious  sites,  over  3,000  religious  organizations,  300,000  clergy  and  74  religious 
schools  and  colleges.  Official  religious  organizations  administer  local  Bible  schools, 
more  than  a  dozen  Catholic  and  Protestant  seminaries,  nine  institutes  to  train 
imams  and  Islamic  scholars,  and  institutes  to  train  Buddhist  monks.  Students  who 
attend  these  institutes  must  demonstrate  "political  reliability,"  and  all  graduates 
must  pass  an  examination  on  their  theological  and  political  knowledge  to  qualify  for 
the  clergy.  The  Government  permitted  some  Catholic  seminarians,  Muslim  clerics, 
and  Buddhist  clergy  to  go  abroad  for  additional  religious  studies.  In  most  cases 
funding  for  these  training  programs  is  provided  by  host  country  organizations.  Unof- 
ficial churches,  however,  have  significant  problems  training  clergy  or  sending  stu- 
dents to  study  overseas,  and  many  clergy  receive  limited  and  inadequate  prepara- 
tion. 

The  authorities  permit  officially  sanctioned  religious  organizations  to  maintain 
international  contacts  as  long  as  these  do  not  entail  foreign  control.  What  con- 
stitutes "control"  is  not  defined.  Regulations  enacted  in  1994  codified  many  existing 
rules  involving  foreigners,  including  a  ban  on  proselytizing  by  foreigners,  but  aUow 
foreign  nationals  to  preach  to  foreigners,  bring  in  religious  materials  for  their  own 
use,  and  preach  to  Chinese  at  churches,  mosques,  and  temples  at  the  invitation  of 
registered  religious  organizations.  Missionaries  are  currently  teaching  English  on 
college  campuses  in  China  with  minimum  interference  from  authorities  as  long  as 
their  proselytizing  is  low  key.  In  recent  years,  some  local  authorities  have  subjected 
worship  services  of  alien  residents  to  increased  surveillance  and  restrictions.  In  one 
major  city  appointed  Chinese  clergy  supervise  worship  services.  In  the  northeast, 
however,  ethmc  Korean  Catholics  freely  practice  their  faith. 

During  the  year,  there  was  a  new  level  of  openness  to  international  dialog  on  reli- 
gious issues.  China  invited  an  increasing  number  of  foreign  religious  organizations 
to  visit  religious  sites  and  talk  to  official  religious  leaders  and  figures.  In  July  a  del- 
egation headed  by  the  Director  of  the  State  Council  Religious  Affairs  Bureau  trav- 
eled abroad  and  met  with  foreign  church  officials  and  NGO's.  In  October  President 
Jiang  Zemin  invited  a  delegation  of  foreign  religious  leaders  to  visit  China  in  1998. 


726 

In  October  the  State  Council  released  a  white  paper  on  freedom  of  religious  belief. 
The  paper  provided  official  information  and  statistics  on  religious  practices  and  de- 
fended government  policies  but  stated  the  premise  that  legal  protection  of  citizens' 
rights  should  conform  to  relevant  international  documents  and  conventions.  It  was 
publicized  widely  inside  and  outside  China. 

Buddhists  make  up  the  largest  body  of  religious  believers.  The  Government  esti- 
mates that  there  are  more  than  100  million  Buddhists,  most  of  whom  are  from  the 
dominant  Han  ethnic  group.  It  is,  however,  difficult  to  accurately  estimate  the  num- 
ber of  Buddhists  because  Buddhists  often  practice  their  faith  without  participating 
in  public  ceremonies.  The  Government  reports  that  there  are  13,000  Buddhist  tem- 
ples and  monasteries  in  China  and  more  than  200,000  nuns  and  monks.  Local  gov- 
ernments strictly  enforced  regulations  on  places  of  worship,  particularly  illegally 
constructed  Buddhist  temples  and  shrines.  According  to  an  April  Hong  Kong  news- 
paper article,  the  United  Front  Work  Department  ordered  ofncials  in  all  localities 
not  to  build  temples  and  outdoor  statues  of  Buddha  for  any  reason.  According  to  the 
article,  an  official  survey  found  that  more  than  40,000  unauthorized  Buddhist  tem- 

§les  had  been  discovered  in  recent  years.  Some  local  authorities  have  called  for  the 
estruction  of  Buddhist  places  of  worship,  especially  newly  established  sites.  The 
city  of  Miluo  in  Hunan  province,  for  example,  boasted  that  in  the  first  4  months 
of  the  year,  it  dismantled  798  illegally  erected  temples  and  "converted"  31  others 
for  other  uses.  Traditional  syncretic  folk  religion  (worship  of  local  gods,  heroes,  and 
ancestors)  which  is  the  religion  of  70  percent  of  the  people,  has  been  attacked  as 
"feudal  superstition"  and  thousands  of  religious  shrines  have  been  destroyed.  None- 
theless, folk  religion  has  revived  in  recent  years,  and  is  unofficially  tolerated  to 
varying  degrees  as  a  loose  affiliate  of  Taoism  or  as  an  ethnic  minority  cultural  prac- 
tice. (A  discussion  of  government  restrictions  on  Tibetan  Buddhism  can  be  found  in 
the  Tibet  addendum  to  this  report.) 

According  to  government  figures,  there  are  18  million  Muslims,  30,000  Islamic 
places  of  worship,  and  more  than  40,000  imams.  In  some  areas  where  ethnic  unrest 
nas  occurred,  ofncials  continue  to  restrict  the  building  of  mosques  and  the  religious 
education  of  youths  under  the  age  of  18.  After  a  series  of  terrorist  incidents  in 
Xinjiang  province,  police  cracked  down  on  Muslim  religious  activity  and  places  of 
worship.  A  number  of  extrajudicial  killings  were  reported  (see  Section  l.a.).  A  Janu- 
ary Xinjiang  Daily  article  quoted  a  provincial  official  as  stating  that  religion  must 
be  made  to  conform  with  socialism  and  that  oflicials  must  "target  separatism  and 
illegal  religious  activity."  Local  authorities  issued  regulations  further  restricting  re- 
ligious activities  and  teaching.  China  permits  Muslim  citizens  to  make  the  hay  to 
Mecca.  According  to  government  statistics,  more  than  40,000  Chinese  Muslims  have 
made  the  pilgrimage  in  recent  years.  Muslim  experts,  however,  state  that  the  num- 
ber is  much  higher.  The  Government  subsidized  these  visits  in  some  cases. 

The  number  of  Christians  in  both  official  and  unofficial  churches  continues  to 
grow  rapidly,  particularly  in  rural  areas.  This  has  caused  concern  among  govern- 
ment and  Communist  Party  officials  who  perceive  religious  gatherings  as  a  chal- 
lenge to  their  authority,  a  threat  to  public  order,  and  an  alternative  to  Socialist 
thought.  There  was  evidence  that  authorities  in  some  areas,  guided  by  national  pol- 
icy, made  strong  efforts  to  crack  down  on  the  activities  of  the  unapproved  Catholic 
and  Protestant  churches.  The  Government  officially  permits  only  those  Christian 
churches  affiliated  with  either  the  Catholic  Patriotic  Association  or  the  (Protestant) 
Three  Self  Patriotic  Movement  to  operate  openly.  The  (jovemment  established  both 
orgemizations  in  the  1950's  to  eliminate  perceived  foreign  domination  of  local  Chris- 
tian groups. 

In  some  areas  cooperation  between  official  and  unofficial  churches  has  expanded 
so  as  to  blur  the  line  between  the  two.  In  other  areas,  relations  between  the  two 
churches  are  hostile.  The  unofficial,  Vatican-affiliated  Catholic  Church  claims  a 
membership  far  larger  than  the  4  million  persons  registered  with  the  official  Catho- 
lic Church.  Precise  figures  are  diflicult  to  estimate  because  many  Catholics,  particu- 
larly in  rural  areas,  attend  both  official  and  unofficial  services.  According  to  official 
figures,  there  are  4,000  Catholic  clergy  and  over  4,600  churches  and  meeting 
houses.  There  is  no  Vatican  representative  in  China.  Bishops  in  the  official  Catholic 
Church  are  not  ordained  by  Rome  but  many  have  an  unofficially  acknowledged  "re- 
lationship with  Rome."  The  (government  maintains  that  there  are  between  10  and 
15  million  registered  Protestants,  18,000  clergy,  over  12,000  churches,  and  some 
25,(X)0  meeting  places,  (government  officials  have  noted  a  rise  in  Protestant  wor- 
shipers in  the  past  year,  but  have  not  revised  statistics  to  reflect  this  upward  trend. 
According  to  foreign  experts,  perhaps  30  million  persons  worship  privately  in  house 
churches  that  are  independent  of  government  control.  One  informed  Chinese  source 
has  put  the  number  at  50  to  60  million. 


727 

This  increase  in  worshipers  has  resulted  in  a  corresponding  increase  in  the  de- 
mand for  Bibles.  In  1997  the  Gk)vemment  supervised  the  printing  of  more  than  3 
million  Bibles,  a  small  increase  over  1996.  A  printing  company  funded  by  overseas 
Christian  organizations  also  prints  approximately  500,000  Bibles  a  year.  Although 
Bibles  can  be  purchased  at  some  bookstores  they  are  not  readily  available  and  can- 
not be  ordered  directly  from  publishing  houses  by  individuals.  However,  they  are 
available  for  purchase  at  many  Chinese  Christian  CouncU-afTiliated  churches.  Some 
underground  Christians  hesitate  to  buy  Bibles  at  official  churches  because  such 
transactions  often  involve  receipts  identifying  the  purchaser.  Foreign  experts  con- 
firm rewrts  of  chronic  shortages  of  Bibles  as  well  as  logistical  problems  in  dissemi- 
nating Bibles  to  churches,  especially  churches  in  rural  areas,  but  note  that  the  situ- 
ation nas  improved  in  recent  years  due  to  the  increase  in  distribution  channels,  in- 
cluding to  house  churches. 

Efforts  to  repster  unauthorized  groups  are  being  carried  out  by  police  and  reli- 
gious affairs  officials  concurrently  with  other  law  enforcement  actions.  Police  closed 
many  "Hinderground"  mosques,  temples,  and  seminaries,  and  hundreds  of  Protestant 
"house  church"  groups,  many  with  significant  memberships,  properties,  financial  re- 
sources, and  networks.  Police  were  particularly  active  during  sensitive  periods,  such 
as  in  the  aftermath  of  Deng  Xiaoping's  death  in  February  and  the  reversion  of  Hong 
Kong  in  July.  Many  leaders  of  unauthorized  groups  were  targets  of  harassment,  in- 
terrogations, and  detention  (see  Section  l.d.). 

In  some  areas  security  authorities  used  bribes,  threats,  demolition  of  unregistered 

{)roperty,  extortion  of  "fines,"  and  interrogation  to  harass  religious  figures  and  fol- 
owers.  Implementing  regulations,  provincial  work  reports,  and  other  government 
and  party  documents  continue  to  exhort  officials  to  vigorously  enforce  government 
policy  regarding  unregistered  churches.  Authorities  particularly  targeted  unofficial 
religious  groups  in  Beijing  and  the  provinces  of  Henan,  Anhui,  Shanxi,  and 
Zhejiang,  where  there  are  rapidly  growing  numbers  of  unregistered  Protestants,  and 
Hebei,  a  center  of  unregistered  Catholics.  In  some  cases,  public  security  officials 
have  used  detention  or  arrest  and  reform-through-education  sentences  to  enforce 
regulations.  In  March  Henan  police  detained  evangelist  Xu  Yongze  and  eight  of  his 
associates  in  an  attempt  to  close  down  his  church  network.  They  were  detained 
without  charge  and  without  access  to  family  or  counsel,  and  reportedly  suffered 
beatings.  In  September  Xu  was  sentenced  to  10-years'  reform  through  labor  for  dis- 
turbing public  order.  In  October  his  wife  and  two  of  his  associates  were  given  ad- 
ministrative penalties  of  1  to  2  V2  years  of  reeducation  through  labor.  The  Govern- 
ment responoed  to  a  foreign  government's  requests  for  information  on  Xu's  case  by 
stating  tnat  Xu  had  promoted  a  cult  and  violated  the  law  by  preaching  that  the 
apocalypse  was  near  and  asking  worshipers  to  wail  in  public  spaces  for  several  con- 
secutive days. 

In  Hebei,  where  perhaps  half  of  China's  Catholics  reside,  friction  between  unoffi- 
cial Catholics  and  local  authorities  continued  as  police  again  prevented  worshipers 
from  making  an  annual  spring  pilgrimage  to  Donglu  to  visit  a  religious  icon  by 
erecting  roadblocks  and  checkpoints.  Harassment  of  unofficial  Catholics  continued 
in  the  Baoding  area,  near  Beijing.  During  the  year,  Hebei  authorities  forced  many 
underground  priests  and  believers  to  make  the  choice  of  either  joining  the  "patriotic" 
church  or  facing  punishment  such  as  fines,  job  loss,  and,  in  some  cases,  barring  chil- 
dren from  school.  In  October  the  Cardinal  Kung  Foundation  reported  that  Baoding 
Bishop  Su  Zhimin  was  placed  under  detention  by  local  security  officials  after  the 
closure  of  his  unofficial  seminary.  Authorities  asserted  that  Bishop  Su  had  not  been 
detained  and  is  free.  In  December  he  was  sighted  in  Shanghai  with  government  au- 
thorities. There  was  no  independent  confirmation  of  his  status  at  year's  end. 

In  March  Shanghai  public  security  authorities  broke  into  the  home  of  Shanghai 
underground  Catholic  Church  Bishop  Joseph  Fan  Zhongliang  and  seized  religious 
materials  and  currency.  Prior  to  the  incident  Bishop  Fan  had  oeen  conducting  mass 
for  hundreds  of  underground  followers  in  his  apartment.  Subsequently  he  continued 
services  but  for  only  20  or  so  believers.  Since  the  raid  the  police  assigned  an  official 
to  live  across  the  hall  from  Fan  and  to  monitor  his  activities.  Police  also  harassed 
and  detained  several  underground  church  lay  people  in  the  Shan^ai  area.  In  Janu- 
ary local  police  in  Jiangxi  province  detained  unofficial  Catholic  worshipers  near  the 
township  of  Chongren,  preventing  perhaps  10,000  people  from  gathering  for  reli- 
gious observances. 

There  has  been  an  upsurge  of  apocalyptic  teaching  in  orthodox  as  well  as  hetero- 
dox millennial  sects  as  the  year  2000  approaches.  Such  religious  groups,  which 
preach  beliefs  outside  the  bounds  of  officially  approved  doctrine,  are  being  singled 
out  for  harassment.  A  Ningxia  Daily  account  detailing  the  reasons  for  arresting 
three  missionaries  variously  cited  their  membership  in  an  "heretical"  organization, 
attending  an  illegal  gathering,  preaching  that  Jesus  can  heal,  and  conducting  activi- 


728 

ties  that  disrupted  the  public  order.  In  1997  police  continued  their  eflbrts  to  close 
down  an  underground  evangelical  sect  called  the  "Shouters,"  a  branch  of  a  pre— 1949 
indigenous  Protestant  group.  The  sect  has  been  deemed  an  antigovemment, 
counterrevolutionary  organization,  and  since  the  early  1980'8,  authorities  repeatedly 
have  detained,  fined,  and  imprisoned  its  members.  An  indigenous  offshoot  of  Bud- 
dhism, the  Yi  Guan  Dao,  which  was  banned  in  1949,  has  become  newly  active  in 
the  1990's.  In  a  June  press  conference,  the  head  of  the  Religious  Affairs  Bureau 
spoke  of  a  "government  crackdown  on  a  small  number  of  cults,  which  threaten  the 
social  and  public  interest." 

d.  Freedom,  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  effectiveness  of  the  Government's  identification  card  system,  used 
to  control  and  restrict  the  location  of  individual  residences,  continued  to  erode.  Esti- 
mates of  the  "floating  population"  of  economic  migrants  leaving  their  home  areas 
to  seek  work  elsewhere  in  the  country  range  from  tens  of  millions  to  over  100  mil- 
lion. This  group  comprises  not  only  migrant  workers,  but  also  includes  a  growing 
number  of  middle-class  professionals  attracted  to  large  cities  by  better  paying  jobs 
in  their  fields.  This  itinerant  population  enjoys  increased  economic  opportunities  but 
lacks  official  residence  status,  which  provides  full  access  to  social  services  and  edu- 
cation. Unless  such  persons  obtain  resident  status  they  must  pay  a  premium  for 
these  services. 

Under  the  "staying  at  prison  employment"  system  applicable  to  recidivists  incar- 
cerated in  reeducation-through-labor  camps,  authorities  have  denied  certain  inmates 
permission  to  return  to  their  homes.  Those  inmates  sentenced  to  more  than  5  years 
in  reeducation-through-labor  camps  may  also  lose  their  legal  right  to  return  home. 
For  those  assigned  to  camps  far  from  their  residences,  this  practice  constitutes  a 
form  of  internal  exile.  The  number  of  prisoners  subject  to  tnis  restriction  is  un- 
known. Authorities  have  reportedly  forced  others  to  accept  jobs  in  state  enterprises 
where  they  can  be  more  closely  monitored  after  their  release  from  prison  or  deten- 
tion. Other  released  or  paroled  prisoners  returned  home  but  were  not  permitted 
freedom  of  movement.  Chen  Ziming,  who  was  paroled  on  medical  grounds  in  Novem- 
ber 1996,  remained  confined  to  his  home  except  for  police -escorted  visits  to  doctors. 
Zhao  Ziyang,  a  former  senior  party  leader,  remains  under  a  form  of  house  arrest. 
Bao  Tong  was  released  after  being  held  under  house  arrest  for  11  months  at  a  gov- 
ernment work  unit.  He  and  his  family,  however,  were  subsequently  forced  to  vacate 
their  government  quarters,  in  an  area  where  high-ranking  Chinese  officials  lived, 
and  move  to  a  house  in  the  Beijing  suburbs.  They  remain  closely  monitored. 

The  Government  routinely  permits  legal  emigration  and  foreign  travel  for  most 
citizens.  Students  and  business  travelers  wishing  to  go  abroad  can  obtain  passports 
relatively  easily.  Permission  for  couples  to  travel  abroad  was  sometimes  conditioned 
on  agreement  to  delay  childbirth;  noncompliance  triggered  fines  for  the  couple  or 
their  work  unit.  The  Government  continued  to  use  political  attitudes  as  a  criterion 
in  selecting  people  for  government-sponsored  study  abroad,  but  it  did  not  control 
privately  sponsored  students,  who  constitute  the  majority  of  students  studying 
abroad,  in  similar  fashion.  The  Government  continued  efforts  to  attract  persons  who 
have  studied  overseas  back  to  China.  Oflicial  media  have  said  that  people  who  have 
joined  foreign  organizations  hostile  to  China  should  quit  them  before  returning 
nome  and  refrain  while  abroad  from  activities  that  violate  China's  law. 

During  the  year,  the  Government  showed  greater  willingness  to  allow  dissidents 
to  leave  the  country.  In  July  Tong  Yi,  the  former  secretary  of  Wei  Jingsheng,  was 
issued  a  passport  and  allowed  to  travel  to  New  York,  where  she  enrolled  at  Colum- 
bia University.  Authorities  also  issued  a  passport  and  exit  permit  to  dissident  Chen 
Xiaoping.  He  is  currently  at  Harvard  University.  Democracy  activist  Xu  Shuiliang 
was  also  issued  a  passport  in  July.  Shanghai  dissident  Bao  Ge  was  granted  a  visa 
and  exit  permit  and  was  allowed  to  leave  China  in  October.  Wei  Jingsheng  was 
granted  a  medical  parole  and  was  allowed  to  leave  the  country  for  medical  treat- 
ment in  November.  By  contrast,  authorities  confiscated  the  passport  of  film  director 
Zhang  Yuan,  preventing  him  from  traveling  to  the  Cannes  Film  Festival  for  the 
screening  of  his  film  "East  Palace  West  Palace."  There  were  also  instances  when  the 
authorities  refused  visas  or  entry  on  apparent  political  grounds.  International  ob- 
servers reported  that  they  had  documents  that  substantiated  claims  that  border  con- 
trol stations  keep  background  records  of  certain  citizens  who  were  to  be  denied 
entry.  Authorities  have  dismissed  reports  of  blacklists  as  "sheer  rumor."  Perhaps 
the  most  prominent  case  of  a  dissident  refused  reentry  is  labor  activist  Han 
Dongfang,  whose  passport  was  revoked  in  1993  because  he  allegedly  engaged  in  ac- 
tivities hostile  to  China  while  overseas.  He  remains  in  Hong  Kong.  Han  Xiaorong, 
the  wife  of  Human  Rights  in  China  Chairman  Liu  Qing,  was  reportedly  refused 
entry  in  March,  and,  in  May,  Hou  Xiaotian  was  denied  entry.  Prodemocracy  activ- 
ists and  politicians  in  Hong  Kong,  including  leading  members  of  the  Democratic 


729 

Party,  were  denied  permission  to  travel  to  China.  Foreign  academics  with  contacts 
with  China's  dissident  community  have  also  been  refusea  entry  visas. 

Since  the  late  1980's,  China  has  adopted  a  de  facto  policy  of  tolerance  toward  the 
small  number  of  persons — fewer  than  100  annually — ^irom  other  nations  who  have 
registered  with  the  Beijing  office  of  the  United  Nations  High  Commissioner  for  Ref- 
ugees (UNHCR)  as  asylum  seekers.  The  Government  has  permitted  these  persons 
to  stay  in  China  whUe  the  UNHCR  makes  determinations  as  to  their  status  and — 
if  the  UNHCR  determines  that  they  are  bona  fide  refugees — while  they  await  reset- 
tlement in  third  countries.  As  yet  China  has  no  law  or  regulations  that  authorize 
the  authorities  to  grant  refugee  status,  but  the  Government  is  reportedly  drafting 
working  rules  on  granting  such  status. 

The  Government  continued  to  accept  the  repatriation  of  Chinese  citizens  who  had 
entered  other  countries  or  territories  illegally.  The  authorities  have  accepted  the  re- 
turn of  would-be  illegal  emigrants  to  the  United  States,  Hong  Kong,  ana  Australia, 
provided  that  their  identity  and  willingness  to  return  voluntarily  can  be  verified. 

China  has  worked  successfully  with  Laos  and  Cambodia  to  facilitate  the  return 
of  resettled  individuals  who  have  decided  to  return  to  their  home  countries,  and  it 
is  using  the  UNHCR's  good  offices  to  negotiate  an  agreement  with  the  Vietnamese 
to  ficcept  9,000  persons  seeking  to  repatriate  to  Vietnam.  The  Government  denies 
having  tightenea  its  policy  on  accepting  Vietnamese  asylum  seekers.  In  recent 
years,  very  few  such  asylum  seekers  have  found  resettlement  in  China. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  lack  the  means  to  change  their  government  legally  and  cannot  freely 
choose  or  change  the  laws  and  officials  that  govern  them.  Citizens  vote  directly  for 
local  nongovernmental  village  committees  and  party-reviewed  candidates  for  dele- 
gate positions  in  county-level  people's  congresses.  People's  congress  delegates  at  the 
provincial  level,  however,  are  selected  by  county-level  peoples  congresses,  and  in 
turn  provincial-level  people's  congresses  select  delegates  to  the  National  People's 
Conp^ss  (NPC).  Althou^  the  CCP  approves  the  candidates,  many  county  and  pro- 
vincial elections  are  competitive,  with  more  candidates  running  than  there  are  seats 
available. 

According  to  the  Constitution,  the  NPC  is  the  highest  organ  of  state  power.  For- 
mally it  elects  the  President  and  Vice  President,  selects  the  Premier  and  vice  pre- 
miers, and  elects  the  Chairman  of  the  State  Central  Military  Commission.  The  NPC 
Standing  Committee  oversees  these  elections  and  determines  the  agenda  and  proce- 
dure for  the  NPC  under  the  direct  authority  of  the  Politburo  Standing  Committee. 
At  the  1997  session  of  the  NPC,  nearly  40  percent  of  the  delegates — the  largest  neg- 
ative vote  ever — took  the  unusual  step  of  voting  against  or  abstaining  on  the  Su- 
preme People's  Procuratorate  work  report.  Thirty-two  percent  failed  to  endorse  the 
work  report  of  the  Supreme  People's  Court.  Most  observers  interpreted  these  votes, 
which  expressed  delegate  unhappiness  about  the  problems  of  crime  and  corruption, 
as  reflecting  the  NPC  s  increased  willingness  in  recent  years  to  question  the  Govern- 
ment's performance.  The  NPC  has  not  in  practice  demonstrated  the  power  to  set 
policy  or  remove  government  or  partv  leaders. 

The  election  and  agenda  of  people  s  congresses  at  all  levels  remain  under  the  firm 
control  of  the  Communist  Party,  the  paramount  source  of  political  authority.  A  num- 
ber of  small  "democratic"  parties  that  date  from  before  the  Communist  takeover  in 
1949  play  only  a  minor  consultative  role  and  pledge  their  allegiance  to  the  Com- 
munist Party.  The  CCP  retains  a  tight  rein  on  political  decisionmaking  and  forbids 
the  creation  of  new  political  parties. 

There  has  been  continued  growth,  however,  of  democratic  decisionmaking  at  the 
local  village  level.  Under  the  1987  Organic  Law  of  the  Village  Committees,  all  of 
China's  approximately  1  million  villages  are  expected  to  hold  competitive,  direct 
elections  for  village  committees.  Both  the  Government  and  foreign  observers  esti- 
mate that  more  than  90  percent  of  these  villages  have  participated  in  elections  for 
local  leaders.  According  to  the  Ministry  of  Civil  Affairs,  tne  majority  of  villages  have 
carried  out  at  least  two  rounds  of  elections.  Foreign  observers  who  have  monitored 
local  elections,  including  the  Carter  Center  and  the  International  Republican  Insti- 
tute, have  judged  the  elections  they  observed,  on  the  whole,  to  be  fair.  Although 
many  villages  have  yet  to  hold  truly  competitive  elections,  the  central  Government 
continued  efibrts  to  expand  the  election  process  and  make  it  more  competitive  and 
fair.  Successful  village  committee  elections  have  included  campaigning  by  multiple 
candidates,  platforms,  and  the  use  of  secret  ballots. 

Candidates  favored  by  local  authorities  have  been  defeated  in  some  elections,  al- 
though in  general  the  party  dominates  the  electoral  process  and  most  members  of 
the  village  committees  are  party  members.  The  final  ballot  is  the  culmination  of  an 


730 

election  process  that  includes  government  screening  of  candidates  and  an  indirect 
vote  that  eliminates  some  candidates.  Many  local  observers  caution  that  the  village 
election  system  is  not  necessarily  a  precursor  for  democracy  at  higher  levels  of  gov- 
ernment, and  village  elections — as  currently  practiced — are  under  tight  political  con- 
trols and  do  not  threaten  to  undermine  the  implementation  of  unpopular  central 
policies  or  endanger  the  leading  role  of  the  Communist  Party.  The  elected  commit- 
tees are  not  statutorily  part  of  the  Government.  The  powers  of  elected  village  com- 
mittees vary  from  region  to  region.  Most  committees  nave  the  authority  to  mediate 
disputes  between  villagers,  improve  public  order,  authorize  small  expenditures,  and 
implement  policies  as  directed  by  the  indirectly  elected  representative  committees. 
The  village  committees  have  no  power  to  tax,  set  fines  or  punishments  independ- 
enUy,  or  hire  or  fire  village  enterprise  managers. 

The  Government  places  no  restrictions  on  the  participation  of  women  or  minority 
groups  in  the  political  process.  Women  freely  exercise  their  right  to  vote  in  village 
committee  elections,  but  only  a  small  fraction  of  elected  members  are  women.  The 
Government  and  party  organizations  include  approximately  12  million  female  offi- 
cials. Women  and  ethnic  minorities  constitute  21  percent  and  15  percent,  respec- 
tively, of  the  National  People's  Congress.  All  of  Cnina's  56  nationalities  are  rep- 
resented in  the  NPC  membership.  The  15th  Party  Congress  elected  22  women  and 
38  members  of  ethnic  minorities  to  serve  on  the  Central  Committee,  both  increases 
over  that  of  the  previous  committee.  Women  and  minorities,  however,  still  hold  few 
positions  of  significant  influence  at  the  highest  rungs  of  the  party  or  government 
structure.  There  is  currently  one  woman  in  the  Politburo,  and  women  hold  3  of  41 
ministerial-level  positions. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  no  independent  domestic  NGO's  that  publicly  monitor  or  comment  on 
human  rights  conditions,  although  the  press  has  printed  with  increasing  frequency 
stories  of  officials  exceeding  their  authority  and  abusing  citizens.  The  Government 
is  reluctant  to  accept  criticism  of  China's  numan  rights  situation  by  other  nations 
or  international  organizations  and  criticizes  reports  by  international  human  rights 
monitoring  groups,  maintaining  that  they  are  inaccurate  and  interfere  with  China's 
internal  anairs. 

The  Government  vigorously  lobbied  against  a  resolution  on  China's  human  rights 
record  at  the  1997  session  of  the  U.N.  Commission  on  Human  Rights  (UNHRC).  As 
in  previous  years,  the  Chinese  delegation  introduced  a  preemptive  motion  to  take 
no  action  on  the  resolution.  China's  motion  was  passed  by  tne  Commission,  and 
there  was  no  debate  on  the  China  human  rights  resolution.  The  Government  retali- 
ated against  Denmarit,  which  tabled  the  resolution,  by  canceling  high-level  visits  be- 
tween the  two  countries,  and  threatening  other  repercussions  in  Sino-Danish  rela- 
tions. 

Since  1991  the  Government  has  promoted  limited  academic  study  and  discussion 
of  concepts  of  human  rights.  In  1993  it  formed  the  China  Society  for  Human  Rights 
Studies  as  a  "nongovernmental  organization."  The  organization's  efforts  have  fo- 
cused, however,  largely  on  improving  China's  image  abroad  by  improving  its  public 
relations  handling  of  the  human  rights  issue  and  responding  directly  to  criticism  of 
the  Government's  human  rights  record.  The  Society  published  a  book  that  included 
eight  white  papers  on  human  rights  released  by  the  State  Council  since  1991  as  well 
as  four  commentaries  on  human  rights  conditions  in  the  United  States.  Two  of  these 
white  papers  were  issued  in  1997.  In  March  the  State  Council  released  a  white 
paper  entitled  "Progress  in  China's  Human  Rights  Cause  in  1996,"  and  in  October 
a  white  paper  on  religion. 

Officials  no  longer  dismiss  all  discussion  of  human  rights  as  interference  in  Chi- 
na's internal  affairs.  The  Government  showed  increased  willingness  to  discuss 
human  rights  with  other  nations.  It  has  expanded  the  number  of  its  bilateral 
human  rights  dialogs  and  in  some  instances  t^en  the  initiative  by  proposing  meet- 
ings. Countries  that  started  or  resumed  human  rights  dialogues  with  China  in- 
cluded Great  Britain,  Australia,  Norway,  Brazil,  Japan,  and  Canada.  In  September 
China  and  the  European  Union  announced  the  resumption  of  their  human  rights 
forum,  which  had  been  suspended  since  1996.  Chinese  officials  met  with  Amnesty 
International  in  Norway  in  July.  China  has  publicly  acknowledged  the  universality 
of  human  rights  and  tne  Universal  Declaration  of  Human  Rights.  However,  they 
add  that  there  are  legitimate,  differing  approaches  to  human  nghts  based  on  each 
country's  particular  history,  social  situation,  and  level  of  economic  development. 
China  hosted  a  10-day  visit  in  October  of  the  U.N.  Working  Group  on  Arbitrary  De- 
tention. The  group  held  discussions  with  senior  officials  at  the  Foreign  and  Justice 
Ministries  and  visited  prisons,  labor  camps,  and  police  detention  centers,  where  its 


731 

members  were  allowed  to  interview  some  prisoners  without  government  officials 
present. 

China  reacted  to  the  U.N.  Educational,  Scientific,  and  Cultural  Organization's 
(UNESCO)  decision  to  award  the  first  UNESCO  Guillermo  Cano  prize  for  world 
press  freedom  to  jailed  dissident  and  journalist  Gao  Yu  by  calling  the  prize  "iUegal" 
and  threatening  to  withdraw  from  UNESCO.  In  September  China  denied  accredita- 
tion to  attend  the  World  Bank  meeting  in  Hong  Kong  to  two  international  human 
rights  organizations  that  had  been  critical  of  its  human  rights  record. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

There  are  laws  designed  to  protect  women,  children,  the  disabled,  and  minorities. 
In  practice,  however,  societal  discrimination  based  on  ethnicity,  gender,  and  disabil- 
ity persists.  The  concept  of  a  largely  homogeneous  Chinese  people  pervades  the 
thrnxing  of  the  Han  majority. 

Women. — Violence  against  women  can  be  grounds  for  prosecution  under  the  law. 
Chinese  sociologists  note  that  there  has  been  no  detailed  research  on  the  extent  of 
physical  violence  against  women.  Anecdotal  evidence  suggests,  however,  that  report- 
ing domestic  abuse  is  on  the  rise,  particularly  in  urban  areas,  because  greater  atten- 
tion has  been  focused  on  the  problem.  Informal  surveys  by  women's  groups  indicate 
that  20  percent  of  women  may  have  been  beaten  by  their  husbands.  Actual  figures 
may  be  higher  because  spousal  abuse  still  goes  largely  unreported.  According  to  ex- 
perts, the  percentage  of  households  in  which  domestic  abuse  has  occurred  is  higher 
in  rural  areas  than  in  urban  centers. 

In  recognition  of  the  seriousness  of  spousal  abuse,  some  localities  have  taken 
measures  to  address  the  problem.  There  is,  however,  no  national  spousal  abuse  law. 
In  October  a  national  symposium  on  domestic  violence  was  held  in  Beijing.  While 
NGO's  have  taken  action  to  increase  awareness  of  domestic  abuse,  a  severe  shortage 
of  funds  has  affected  these  efforts.  In  Shanghai  a  women's  shelter  was  closed  after 
12  months  because  its  funding  ran  out.  In  September  a  women's  abuse  hot  line  in 
Beijing  ceased  operating  because  its  grant  had  elapsed.  However,  other  projects  that 
addressed  domestic  abuse  were  established.  In  Shenzhen  a  hot  line  was  started  to 
respond  to  calls  from  battered  women.  In  Guangxi  province,  a  radio  station  featured 
a  call-in  talk  show  that  addressed  women's  issues,  including  domestic  violence. 

No  statute  outlaws  sexual  harassment  in  the  workplace,  a  problem  that  is 
unaddressed  in  the  legal  system  and  often  in  society.  Chinese  experts  state,  how- 
ever, that  more  women  are  raising  their  concerns  about  sexual  harassment  because 
of  greater  awareness  of  the  problem.  In  May  the  head  of  the  All  China  Women's 
Federation  called  on  "Chinese  government  organizations  at  all  levels"  to  further  and 
more  effectively  protect  women's  rights.  She  also  called  on  government  units  to 
eliminate  gender  preference  in  their  hiring  practices. 

The  increased  commercialization  of  sex  and  related  trafficking  in  women  has 
trapped  tens  of  thousands  of  women  in  a  cycle  of  crime  and  exploitation.  These 
women  face  a  hi^  risk  of  drug  addiction,  AIDS,  and  other  sexually  transmitted  dis- 
eases. According  to  media  reports,  80  percent  of  Beijing's  massage  parlors  offer  sex- 
ual services.  In  1996  the  Beijing  municipal  government  announced  a  crackdown  on 
massage  parlors  in  the  capital.  The  effect  on  the  sex  trade  appeared  marginal,  how- 
ever, as  many  of  the  massage  parlors  continued  to  operate  or  moved  to  areas  within 
a  short  distance  of  the  capital.  The  long-term  effectiveness  of  any  crackdown  on  this 
lucrative  business,  which  involves  organized  crime  groups  and  business  people,  as 
well  as  the  police  and  military,  is  uncertain.  Unsafe  working  conditions  are  rampant 
among  the  saunas,  massage  houses,  and  hostess  bars  that  nave  sprung  up  in  num- 
bers in  large  cities.  According  to  one  source,  police  own  and  operate  brothels  employ- 
ing some  70,000  prostitutes  in  one  large  area  of  Shanxi  province. 

The  abduction  of  women  is  a  serious  problem.  The  Government  continued  to  con- 
demn and  to  take  steps  to  prevent  and  punish  the  abduction  and  sale  of  women  for 
marris^e  or  prostitution.  In  April  the  Government  acknowledged  that  the  kidnaping 
and  sale  of  women  was  a  human  rights  abuse  that  warranted  severe  punishments 
for  criminals  involved  with  the  trade.  Amnesty  International's  August  report  on  cap- 
ital punishment  in  China  cited  numerous  cases  in  which  individuals  received  the 
deatn  penalty  for  the  crime  of  abducting  women.  Some  research  indicates  that  a  key 
reason  for  the  abduction  and  sale  of  women  is  a  serious  imbalance  in  sex  ratios  in 
certain  localities  (see  Section  l.f.).  This  has  created  a  situation  in  which  the  demand 
by  men  for  marriageable  women  cannot  be  met  by  local  brides.  Some  families  ad- 
dress the  problem  by  recruiting  women  in  economically  less  advanced  areas.  Others 
seek  help  from  criminal  gangs,  which  either  kidnap  women  or  trick  them  by  promis- 
ing them  jobs  and  an  easier  way  of  life  and  then  transport  them  far  from  their  home 
areas  for  delivery  to  buyers.  Once  in  their  new  "family,"  these  women  are  "married" 


732 

and  raped.  Some  accept  their  fate  and  join  the  new  community;  others  struggle  and 
are  punished. 

The  authorities  have  enacted  laws  and  conducted  educational  campaigns  in  an  ef- 
fort to  eradicate  the  traditional  preference  for  sons;  however,  this  preference  re- 
mains strong  in  rural  China.  A  number  of  provinces  have  sought  to  reduce  the  per- 
ceived higher  value  of  boys  in  providing  old-age  support  for  their  parents  by  estab- 
lishing or  improving  pensions  and  retirement  homes. 

Crime  experts  say  that  many  of  the  kidnapings  also  occur  in  provinces,  such  as 
Sichuan  and  Guangxi,  where  the  male  to  female  ratio  is  generally  balanced.  The 
Government  reported  that  some  of  its  eflbrts  to  end  the  illegal  trade  were  success- 
ful. In  June  the  Government  said  that  the  number  of  women  kidnaped  in  Sichuan 
province  had  declined  for  the  past  2  years.  Guangdong  province  reported  that  it  had 
sentenced  79.6  percent  of  the  criminals  convicted  of  harming  women  to  more  than 
5  years  in  prison. 

The  Constitution  states  that  "women  enioy  equal  rights  with  men  in  all  spheres 
of  life,"  including  ownership  of  property,  inheritance  rights,  and  access  to  education. 
In  1992  the  NPC  enacted  legislation  on  the  protection  of  the  rights  and  interests 
of  women,  which  was  designed  to  assist  in  curbing  gender-based  discrimination. 
Women  have  continued,  however,  to  report  discrimination,  sexual  harassment,  un- 
fair dismissal,  demotion,  and  wage  discrepancies. 

Women  are  sometimes  the  unmtended  victims  of  economic  reforms.  The  press  re- 
ported that  in  1997  59.2  percent  of  laid-ofi"  workers  were  women.  Women  oetween 
the  ages  of  35  and  50  were  the  most  affected,  and  the  least  likely  to  be  retrained. 
In  addition,  female  employees  were  more  likely  to  be  chosen  to  take  pay  cuts  when 
a  plant  or  company  was  in  financial  trouble,  m  Sichuan  where  women  are  bearing 
the  brunt  of  state-owned  enterprise  layoffs,  women  have  played  a  key  role  in  labor 
protests  and  disputes.  Discriminatory  hiring  practices  appear  to  be  on  the  rise  as 
unemployment  rises.  Increasingly,  companies  are  p>ermitted  to  discriminate  by  both 
sex  and  age,  although  such  practices  violate  labor  laws.  A  recent  television  broad- 
cast of  a  job  fair  in  Tianjin  revealed  repeated  instances  of  job  announcements  stipu- 
lating that  no  women  over  age  30  should  apply.  Of  the  over  100  companies  rep- 
resented at  the  job  fair,  only  3  did  not  have  such  restrictions. 

Many  employers  prefer  to  hire  men  to  avoid  the  expense  of  maternity  leave  and 
chUd  care,  and,  some  even  lower  the  effective  retirement  age  for  female  workers  to 
40  years  of  age.  (The  official  retirement  age  for  men  is  60  years  and  for  women  55 
years.)  Although  the  law  promises  equal  pay  for  equal  work,  a  1990  survey  found 
that  women's  salaries  averaged  77  percent  of  men's.  Although  dated,  these  statistics 
still  appear  to  be  accurate.  Most  women  employed  in  industry  work  in  lower  skilled 
and  lower  paid  jobs. 

While  the  gap  in  the  education  levels  of  men  and  women  is  narrowing,  men  con- 
tinue to  constitute  the  majority  of  the  relatively  small  percentage  of  the  population 
that  receives  a  university-level  education.  In  1996  5  million  students  were  enrolled 
in  colleges  and  graduate  schools.  According  to  the  State  Education  Commission, 
women  made  up  36.4  percent  of  these  students.  Educators  in  the  large  cities  have 
reported,  however,  that  there  is  a  trend  toward  greater  gender  balance  in  univer- 
sities. Some  academics  have  reported  that  in  some  departments  women  are  begin- 
ning to  outnumber  men — even  in  some  graduate  schools.  Women  with  advanced  de- 
grees, however,  report  an  increase  in  discrimination  in  the  hiring  process  as  the  job 
distribution  system  has  opened  up  and  become  more  competitive. 

In  1996  the  Government  outlined  its  5-year  Plan  for  the  Advancement  of  Women. 
The  main  priority  is  to  increase  the  literacy  of  rural  women,  80  percent  of  whom 
are  wholly  or  partially  illiterate.  Overall,  women  make  up  about  70  percent  of 
illiterates  in  the  country.  The  All  China  Women's  Federation,  the  country's  largest 
organization  devoted  to  women's  issues,  stated  that  one  goal  of  the  plan  was  to  de- 
crease the  number  of  female  illiterates  by  3  million  every  year.  Some  women's  advo- 
cates, however,  were  skeptical  that  the  goal  could  be  realized  because  of  a  lack  of 
resources. 

Children. — The  1992  Law  on  the  Protection  of  Juveniles  forbids  infanticide,  as 
well  as  mistreatment  or  abandonment  of  children.  TJiis  law  also  prohibits  discrimi- 
nation against  disabled  minors,  emphasizes  the  importance  of  safety  and  morality, 
and  codifies  a  variety  of  judicial  protections  for  juvenile  offenders.  The  physical 
abuse  of  children  can  be  grounds  for  criminal  prosecution.  The  Constitution  provides 
for  9  years  of  compulsory  education  for  children  (see  Tibet  addendum). 

The  extensive  health  care  delivery  system  has  led  to  improved  child  health  and 
a  sharp  decline  in  infant  mortality  rates.  According  to  1997  official  figures,  the  in- 
fant mortality  rate  was  33  per  1,000  in  1996.  According  to  the  U.N.  Children's  Fund 
(UNICEF),  in  1995  China's  mortality  rate  for  children  under  5  years  of  age  was  47 
per  1,000  live  births. 


733 

There  were  credible  reports  of  female  infanticide.  The  use  of  ultrasound  tests  to 
determine  gender  has  also  resulted  in  decisions  to  terminate  pregnancies  of  female 
fetuses,  but  no  reliable  statistics  are  available  to  demonstrate  tne  extent  of  the  prob- 
lem. One  newspaper  article  quoted  a  doctor  as  saving  that  as  many  as  97.5  percent 
of  pregnancies  terminated  in  nis  hospital  were  of  female  fetuses.  A  September  World 
Health  Organization  paper  reported  that  the  national  ratio  of  male  to  female  births 
in  1994  was  117  to  100.  (The  worldwide  statistical  norm  is  106  to  100.)  Part  of  the 
statistical  gap  may  be  attributable  to  female  infanticide,  sex-selective  termination 
of  pregnancies,  and  abandonment  or  neglect  of  girls,  but  some  foreign  experts  be- 
lieve that  a  larger  factor  may  be  underreporting  of  female  births  by  couples  trying 
to  evade  family  planning  laws  to  try  to  have  a  son. 

According  to  tne  latest  available  figures,  compiled  in  1994,  the  number  of  children 
abandoned  in  China  each  year  is  approximately  1.7  million,  despite  the  fact  that 
under  the  law  child  abandonment  is  punishable  by  fines  and  a  5-year  prison  term. 
The  vast  majority  of  those  eventually  admitted  to  Chinese  orphanages  are  female 
or  disabled  and  in  poor  health.  Essentially  all  children  put  up  for  foreign  adoption 
are  girls.  The  treatment  of  children  at  these  institutions  varies  from  adequate  to 
deplorable.  There  have  been  reports  of  children  being  restrained  for  long  periods  of 
time  and  being  denied  basic  care  and  feeding.  Accurate  determination  of  infant  mor- 
tality rates  in  orphanages  is  difficult,  but  rates  appear  to  be  very  high  at  many,  es- 
pecially among  new  arrivals. 

According  to  several  sources,  orphanage  workers  in  some  facilities  reserve  basic 
medical  care  and  even  nutrition  for  children  who  are  deemed  to  have  the  best 
chances  for  survival.  Some  sources  report  that  children  whose  prospects  of  survival 
are  determined  to  be  poor  are  placed  in  rooms  separate  from  other  children  and  sub- 
jected to  extreme  neglect.  Claims  that  government  policies,  as  opposed  to  lack  of  re- 
sources, were  to  blame  for  the  lack  of  care  of  children  placed  in  orphanages  could 
not  be  verified.  Human  Rights  Watch  reported  in  1996,  however,  that  many  institu- 
tions, including  those  with  the  highest  death  rates,  have  budgets  that  provide  for 
adecruate  wages,  bonuses,  and  other  personnel-related  costs,  but  that  budgets  for 
chUaren's  food,  clothing,  and  other  necessities  are  low  throughout  the  country. 

The  Government  denies  that  children  in  orphanages  are  mistreated  or  refused 
medical  care  but  acknowledges  that  the  system  is  hard  pressed  to  provide  for  those 
children  who  are  admitted  with  serious  medical  problems.  Perhaps  recognizing  the 
need  for  improvements,  the  Civil  Affairs  Ministry  announced  in  April  that  the  Gov- 
ernment's top  social  welfare  priority  for  1997  would  be  to  improve  conditions  in  or- 
phanages. Over  $30  million  was  reportedly  allocated  for  this  program.  A  government 
white  paper  on  women  and  children  issued  in  March  stated  that  the  central  Govern- 
ment had  spent  $25.7  million  between  1990  and  1994  to  improve  "children's  welfare 
institutions,"  the  ofiicial  term  for  orphanages.  During  the  same  period,  local  govern- 
ments apparently  allocated  almost  $18  million  to  these  institutions. 

Despite  government  efforts  to  prevent  kidnaping  and  the  buying  and  selling  of 
children,  the  problem  persists  in  some  rural  areas. 

People  With  Disabilities. — In  1990  the  Government  adopted  legislation  protecting 
the  rijghts  of  the  country's  approximately  60  million  disabled  persons.  According  to 
the  oificial  press,  all  local  governments  subsequently  drafted  specific  measures  to 
implement  tne  law.  The  central  Government  reported  in  1996  that,  in  the  3  preced- 
ing years,  the  NPC  Standing  Committee  conducted  nationwide  inspections  to  verify 
compliance  with  the  law;  it  "found  that  the  handicapped  generally  received  good 
services  and  help  in  both  their  dealings  with  officials  and  in  pubUc  life."  The  press 
publicizes  both  the  plight  of  the  disabled  and  government  efforts  to  assist  them.  A 
rehabilitation  program  launched  in  1988  has  reportedly  treated  2.32  million  people 
who  sufTer  from  cataracts,  polio,  or  deafness.  Beijing  city's  rehabilitation  program 
was  said  to  have  trained  5,000  disabled  people  in  1997,  of  whom  1,000  were  ex- 
pected to  obtain  jobs  within  the  year. 

However,  reality  for  the  disabled  lags  far  behind  legal  dictates.  Misdiagnosis,  in- 
adequate medical  care,  pariah  status,  and  abandonment  remain  common  problems. 
The  latest  available  statistics,  compiled  in  1993,  show  that  approximately  50  per- 
cent of  the  disabled  lack  adequate  food  and  clothing.  The  same  figures  show  that 
68  percent  of  the  disabled  are  illiterate;  67  percent  require  family  support;  49  per- 
cent are  unemployed;  only  6  percent  of  blind  and  deaf  children  enter  school;  and 
only  0.33  percent  of  mentally  retarded  children  enter  school. 

Deng  Pufang,  son  of  the  late  paramount  leader  Deng  Xiaoping,  heads  the  China 
Welfare  Fund  for  the  Handicapped,  the  government  organization  tasked  with  assist- 
ing the  disabled.  In  a  June  speech,  Deng  Pufang  said  that  the  Government  had 
helped  600,000  disabled  citizens  solve  their  food  and  clothing  problems  in  1996.  The 
Government  reportedly  spent  some  $24  million  in  1996  to  carry  out  these  poverty- 
relief  measures.  In  May  the  official  press  noted  that  the  Government's  goal  was  to 


734 

clothe  and  feed  all  of  the  country's  disabled  by  the  end  of  the  century,  as  well  as 
to  provide  rehabilitation  services  for  3  million  disabled  citizens,  educate  80  percent 
of  disabled  children,  and  find  jobs  for  80  percent  of  disabled  adults.  The  (jovemment 
requires  all  state  enterprises  to  hire  a  certain  number  of  disabled  workers,  but  au- 
thorities estimate  that  nearly  half  of  all  disabled  persons  are  jobless.  According  to 
Beijing  municipal  authorities,  however,  75  percent  of  the  disabled  population  in  the 
capital  have  jobs. 

The  Maternal  and  Child  Health  Care  Law  forbids  the  marriage  of  persons  with 
certain  specified  contagious  diseases  or  certain  acute  mental  illnesses  such  as  schiz- 
ophrenia. If  doctors  find  that  a  couple  is  at  risk  of  transmitting  disabling  congenital 
defects  to  their  children,  the  couple  may  marry  only  if  they  agree  to  use  birth  con- 
trol or  under^  sterilization.  This  law  mandates  premarital  and  prenatal  examina- 
tion for  genetic  or  contagious  diseases,  but  it  specifies  that  medically  advised  termi- 
nation of  pregnancy  or  sterilization  requires  the  signed  consent  of  the  patients  or 
their  guardians. 

Standards  adopted  in  1994  for  making  roads  and  buildings  accessible  to  the  dis- 
abled are  subject  to  the  1990  Law  on  the  Handicapped,  which  calls  for  their  "grad- 
ual" implementation.  Lax  compliance  with  the  law  nas  resulted  in  only  limited  ac- 
cess to  most  buildings. 

National / Racial/ Ethnic  Minorities. — According  to  1995  government  statistics,  the 
total  population  of  the  country's  55  ethnic  minorities  was  108.46  million,  or  8.98 
percent  of  the  national  population.  Most  minority  groups  reside  in  areas  they  have 
traditionally  inhabited,  many  of  which  are  mountainous  or  remote.  The  (jovem- 
ment's  policy  on  minorities  calls  for  preferential  treatment  in  marriage  regulations, 
family  planning,  university  admission,  and  employment.  Programs  provide  low-in- 
terest loans,  subsidies,  and  special  development  funds  for  minority  areas.  Minori- 
ties, in  practice,  are  discriminated  against. 

Government  development  policies  nave  helped  improve  minority  living  standards. 
Official  figures  state  that  the  Government  investea  $12.6  billion  in  infrastructure 
development  for  minority  areas  during  the  period  1991  to  1995.  The  ninth  5-Year 
Plan  announced  in  March  stated  that  the  Government  would  raise  this  figure  to 
$27.8  billion  for  the  period  from  1996  to  2000.  According  to  government  statistics, 
between  1991  and  1996  the  economies  in  minority  regions  grew  by  nearly  11  percent 
annually,  surpassing  the  national  average  in  each  year.  Real  incomes  in  minority 
areas,  especially  for  non-Han  groups,  however,  remain  well  below  those  in  other 
parts  of  the  country.  Many  development  programs  have  disrupted  traditional  living 
patterns  of  minority  groups,  including  Tibetans  and  the  Muslim  Uyghur  majority 
of  western  Xinjiang.  For  example,  there  is  some  evidence  that  official  poverty  allevi- 
ation programs  include  the  forced  evacuation  of  persons  from  the  poorest  mountain 
areas.  Plans  to  develop  tourism  in  Xiniiang  have  also  often  focused  on  marketing 
and  investment  opportunities  but  paid  little  attention  to  how  minority  cultures  and 
the  environment  might  be  adversely  affected.  Some  projects,  however,  have  been 
dropped  for  environmental  reasons — for  example,  a  proposal  to  build  a  railway 
around  Lake  Tianchi  near  Urumqi.  Since  1949  central  government  and  economic 
policy  have  resulted  in  a  significant  migration  of  Han  Chinese  to  Xinjiang.  In  1997 
there  were  8  million  Uyghurs  and  7  million  Han  in  Xinjiang,  up  from  300,000  in 
1949. 

According  to  government  statistics,  15.34  million  minority  students  attended 
schools  between  1994  and  1996.  A  March  white  paper  stated  that  98.16  percent  of 
all  school-age  children  in  the  Guangxi  Zhuang  Autonomous  Region  were  enrolled  in 
schools  in  1996.  In  many  areas  with  a  significant  population  of  minorities,  there  are 
two-track  school  systems  using  either  Mandarin  or  the  local  minority  language.  Stu- 
dents can  choose  to  attend  schools  in  either  system.  One  acknowledged  side  effect 
of  this  policy,  originally  designed  to  protect  and  maintain  minority  cultures,  has 
been  reinforcement  of  a  segregated  education  system.  Under  this  divided  education 
system,  those  graduating  from  minority  schools  are  at  a  disadvantage  in  competing 
for  jobs  in  government  and  business,  which  require  good  Chinese-language  skills. 
These  graduates  must  take  Chinese-language  instruction  before  attending  univer- 
sities and  colleges  (see  Tibet  addendum). 

The  Communist  Party  has  an  avowed  policy  of  boosting  minority  representation 
in  the  Government  and  the  party.  In  May  the  official  press  reported  that  there  were 
2.48  million  minority  officials  in  the  Government.  According  to  government  statis- 
tics, there  are  163,000  minority  officials  in  the  Inner  Mongolia  Autonomous  Region. 
Minority  officials  constitute  23.3  percent  of  the  region's  total,  exceeding  the  ratio  of 
the  minority  population  to  Han  Cfhinese  in  the  region.  Many  members  of  minorities 
occupy  local  leadership  positions,  and  a  few  have  positions  of  infiuence  at  the  na- 
tional level.  In  most  areas,  however,  ethnic  minorities  are  shut  out  of  positions  of 
real  political  and  decisionmaking  power.  In  Xinjiang  the  job  of  county  party  sec- 


735 

retary  is  typically  reserved  for  Han  Chinese,  even  in  counties  that  are  close  to  100 
percent  Uyghur.  Many  minorities  resent  Han  officials  holding  key  positions  in  mi- 
nority autonomous  regions. 

Tensions  between  ethnic  Han  citizens  and  Uyghurs  in  Xinjiang  intensified.  In 
February  police  dispersed  a  crowd  of  women  in  i  ining  city  (see  Section  l.a.).  In  re- 
sjwnse  to  the  subsequent  protests  of  this  action,  police  allegedly  ordered  to  use  any 
means  necessary  to  suppress  the  demonstrators  killed  at  least  10,  and  perhaps  as 
many  as  70;  many  others  were  wounded  or  arrested. 

According  to  some  estimates,  the  migration  of  ethnic  Han  into  Xinjiang  in  recent 
decades  has  caused  the  Han-Uyghur  ratio  in  the  capital  of  Urumqi  to  shift  from 
20:80  to  80:20,  contributing  to  Uyghur  resentment.  According  to  the  1990  census, 
the  ethnic  Uyghur  population  was  nearly  50  percent  of  Xinjiang's  total  population. 
Han  control  oi  the  region's  political  and  economic  institutions  has  also  been  a  factor 
in  the  growth  of  tension.  The  testing  of  nuclear  weapons  in  Xinjiang  in  past  years 
is  another  source  of  tension  because  of  health  concerns  and  environmental  degrada- 
tion. There  has  been  no  testing  of  nuclear  weapons  in  Xinjiang  since  July  1996, 
after  which  China  signed  the  Comprehensive  Test  Ban  Treaty.  Although  govern- 
ment policies  have  brought  tangible  economic  improvements,  Uyghurs  maintain  that 
they  receive  only  a  small  share  of  the  benefits.  The  majority  of  Uyghurs  are  poor 
farmers  and  25  percent  are  illiterate.  A  campaign  to  stress  ethnic  unity  and  to  con- 
demn "splitism"  and  religious  extremism  began  in  April.  This  campaign  pervades 
the  Chinese-language  media  and  reaches  into  the  province's  1,500  schools.  Authori- 
ties maintained  tight  control  over  separatist  activities,  announced  tightened  security 
and  antiterrorist  measures,  and  several  campaigns  to  crack  down  on  opposition  dur- 
ingthe  year. 

The  educational  system  provides  Chinese  for  Han  students  and  the  Uyghur  lan- 
guage for  Uyghur  students  until  fourth  grade  and  then  gradually  switches  to  Chi- 
nese as  the  principal  language  of  instruction.  Graduation  from  the  Uyghur  school 
system  leaves  Uyghurs  poorly  educated,  with  an  inadequate  command  of  the  Chi- 
nese language.  Possession  of  separatist  publications  is  not  permitted,  and,  according 
to  reports,  possession  of  such  materials  has  resulted  in  lengthy  prison  sentences.  A 
Uy^ur-language  press  exists  in  Xinjiang,  but  it  has  a  very  small  circulation,  and 
much  of  the  population  depends  on  international  broadcasts  for  information.  In  gen- 
eral, central  authorities  made  it  clear  that  they  do  not  tolerate  opposition  to  Com- 
munist Party  rule  and  responded  to  unrest  and  terrorist  incidents  with  force  and 
heightened  security  measures. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  "freedom  of  associa- 
tion," but  qualifying  language  makes  it  clear  that  this  right  is  subject  to  the  inter- 
ests of  the  State  and  the  leadership  of  the  Communist  Party.  The  country's  sole  offi- 
ciallyrecognized  workers'  organization,  the  All  China  Federation  of  Trade  Unions 
(ACFTU),  is  controlled  by  the  Communist  Party.  Independent  trade  unions  are  ille- 
gal. The  1993  Trade  Union  Law  required  that  the  establishment  of  unions  at  any 
level  be  submitted  to  a  higher  level  trade  union  organization  for  approval.  The 
ACFTU,  the  highest  level  organization,  has  not  approved  the  establishment  of  inde- 
pendent unions.  There  were  more  attempts  to  form  or  register  independent  unions 
in  1997  but  none  was  successful.  Under  China's  planned  economv,  the  ACFTU's 
main  task  was  to  improve  labor  discipline,  mobilize  workers  to  achieve  party  and 
government  objectives,  and  to  dispense  social  welfare  funds.  As  increased  efforts  to 
reform  state-owned  enterprises  have  resulted  in  greater  unemployment,  the  ACFTU 
has  more  actively  begun  to  represent  workers  and  defend  their  rights.  In  May  the 
ACFTU  publicly  called  upon  tne  Government  to  devote  greater  resources  to  unem- 
ployment insurance  funds  and  reemployment  projects. 

The  ACFTU's  primary  attention  remains  focused  on  workers  in  the  state  sector, 
where  it  has  over  90  million  members.  The  Trade  Union  Law  mandates  that  work- 
ers may  decide  whether  to  join  the  union  in  their  enterprises.  By  official  estimate, 
approximately  8  percent  of  workers  in  collective  and  state-owned  enterprises  have 
chosen  not  to  join.  There  have  been  no  reports  of  repercussions  for  workers  who 
have  not  joined  ACFTU  unions.  In  1994  the  ACFTU  actively  began  recruiting  work- 
ers in  the  private  sector,  including  in  township  and  village  enterprises  (TVE's),  as 
well  as  in  foreign  joint  ventures.  According  to  orficial  statistics  reported  in  mid-1996, 
4.54  million  workers  in  enterprises  with  foreign  investment,  75  percent  of  the  total, 
were  trade  union  members. 

Despite  these  recruiting  efforts,  over  half  of  the  non agricultural  work  force  is  still 
largely  unorganized  and  outside  the  state  industrial  structure.  In  TVE's,  one  of  the 
fastest  growing  sectors  of  the  economy,  only  a  tiny  percentage  of  workers  are  orea- 
nized  in  ACFTU  affiliates.  Although  some  TVE's  have  local  branches  of  the  ACFTU, 


736 

most  TVE  managers  maintain  that  an  ACFTU  presence  is  not  feasible  because  their 
employees  continue  to  be  classified  as  "farmers'  rather  than  "workers."  Some  Com- 
munist Party  secretaries  in  TVE's,  however,  take  it  upon  themselves  to  establish 
union  representation  and  then  affiliate  with  the  ACFTU. 

Credible  reports  indicate  that  the  Government  has  attempted  to  stamp  out  illegal 
union  activity.  Li  Bifeng,  a  veteran  Sichuan  dissident,  is  reportedly  in  hiding  after 
sending  a  letter  to  local  authorities  protesting  the  ban  on  three-wheel  motorized  taxi 
cabs  in  Dujiangyan.  Labor  activist  Liu  Nianchun,  who  was  detained  in  1994  and 
1995,  was  sentenced  to  3  years  of  reeducation  through  labor  in  1996.  Labor  rights 
activists  Li  Wenming  and  Guo  Baosheng,  after  each  spending  over  3  years  in  prison, 
were  both  sentenced  on  May  30  to  3y2  years  in  prison  for  subversion.  Both  were 
released  late  in  the  year  upon  completion  of  their  terms. 

In  October  China  signed  the  International  Convention  on  Economic,  Social  and 
Cultural  Rights.  This  Convention,  which  has  not  yet  been  ratified  by  the  NPC,  pro- 
vides for  the  ridit  to  form  independent  unions,  to  strike,  and  to  demonstrate.  Since 
the  signing  of  this  convention,  a  group  of  Chinese  activists  has  started  a  campaign 
to  promote  independent  labor  unions.  In  December  labor  activists  Qin  Yongmin  and 
Xu  Wenli  publicly  issued  a  prounion  letter  calling  on  state  workers  to  form  inde- 

f)endent  unions.  Authorities  encouraged  Qin  Yongmin  to  depart  China,  but  he  re- 
used to  do  so. 

Beginning  in  1993,  the  Ministry  of  Labor  stopped  officially  denying  the  existence 
of  strikes.  Strikes  still  are  not  officially  sanctioned,  and  accurate  statistics  on  strike 
incidents  are  not  available.  There  have  been  numerous  reports  from  both  foreign 
and  Chinese  sources  that,  despite  the  ban,  there  has  been  an  increase  in  the  num- 
ber of  work  stoppages.  In  the  spring,  workers  in  the  port  of  Dalian  staged  a  slow- 
down to  protest  a  reduction  in  the  number  of  workers.  There  were  other  incidents 
in  which  workers  held  sanctioned,  brief,  and  orderly  demonstrations  in  the  north- 
east. In  the  southwest  there  was  a  series  of  strikes,  including  a  large  protest  in 
Mianyang,  Sichuan  province.  Estimates  of  the  number  of  people  reportedly  arrested 
following  this  incident  ranged  from  several  hundred  to  several  thousand.  More  than 
500  laid-off  workers  demonstrated  in  front  of  Dujiangyan  city's  government  building 
in  late  August.  According  to  a  Sichuan  provincial  spokesman,  "there  were  several 
waves  of  demonstrations  in  Chengdu  (the  capital  of  Sichuan)  on  September  2."  In 
Nanhai,  Guangdong  province,  approximately  300  workers  staged  a  sit-in  to  demand 
back  wages.  Tnese  demonstrations  and  strikes  were  directed  at  specific  enterprises 
or  local  governments  and  did  not  target  the  central  Government  or  national  eco- 
nomic policies. 

The  Trade  Union  Law  assigns  unions  the  role  of  mediators  or  go-betweens  with 
management  in  cases  of  work  stoppages  or  slowdowns.  In  addition,  a  workers'  dis- 
pute settlement  procedure,  in  effect  since  1987,  provides  for  mediation,  two  levels 
of  arbitration  committees,  and  a  final  appeal  to  the  courts.  The  Ministry  of  Labor 
has  established  a  nationwide  organizational  network  for  handling  labor  disputes, 
consisting  of  270,000  enterprise  labor  dispute  mediation  commissions  and  3,159 
labor  dispute  arbitration  commissions.  There  are  1,569,000  full-  and  part-time  en- 
terprise mediators  and  more  than  17,000  labor  arbitrators.  The  Ministry  of  Labor 
stated  in  July  that  the  country  is  in  a  period  of  frequent  labor  disputes.  The  Min- 
istry said  that  in  1996  it  dealt  with  about  196,700  cases  of  infringements  of  the 
labor  law,  an  increase  of  264  percent  over  1995.  Employees  were  reportedly  paid 
over  $160  million  in  back  wages.  According  to  Ministry  of  Labor  officials,  the  major- 
ity of  arbitration  cases  are  filed  by  contract  workers  or  their  employers. 

There  are  no  provisions  allowing  for  individual  workers  or  unofilcial  worker  orga- 
nizations to  affiliate  with  international  bodies.  The  ACFTU,  however,  has  actively 
tried  to  foster  relations  with  other  international  trade  unions,  the  International 
Confederation  of  Free  Trade  Unions  (ICFTU)  in  particular.  In  September  a  delega- 
tion of  ICFTU  members  traveled  to  Beijing  to  meet  with  ACFTU  ofticials. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  1995  National  Labor  Law 
permits  collective  bargaining  for  workers  in  all  types  of  enterprises.  The  law  also 
provides  for  workers  and  employers  at  all  types  of  enterprises  to  sign  individual  as 
well  as  collective  contracts.  Collective  contracts  are  to  be  worked  out  between 
ACFTU  or  worker  representatives  and  management  and  specify  such  matters  as 
working  conditions,  wage  distribution,  and  hours  of  work.  Individual  contracts  are 
then  to  be  drawn  up  in  line  with  the  terms  of  the  collective  contract.  Collective  con- 
tracts must  be  submitted  to  local  government  authorities  for  approval  within  15 
days.  According  to  an  official  report,  96  percent  of  urban  state-sector  workers  had 
signed  contracts  by  the  end  of  1996. 

According  to  union  and  labor  officials,  there  have  been  only  a  few  experiments  in 
collective  bargaining.  Official  sources  have  explained  that  sufficient  ideological  and 
practical  difficulties  remain  to  preclude  drawing  clear  distinctions  between  labor 


737 

and  capital  in  the  state-owned  enterprise  sector.  In  September  the  Ministry  of  Per- 
sonnel launched  a  program  to  train  its  supervisors  in  collective  bargaining  tech- 
niques. 

The  Ministry  of  Labor  sets  a  total  wage  bill  for  each  collective  and  state-owned 
enterprise  according  to  four  criteria:  1)  as  a  percentage  of  profits,  2)  as  a  contract 
amount  with  the  local  labor  bureau,  3)  as  a  state-set  amount  for  money-losing  enter- 
prises, or  4)  as  an  enterprise-set  amount  subject  to  Labor  Ministry  review.  Individ- 
uai  enterprises  determine  how  to  divide  the  totad  among  woricers,  a  decision  usually 
made  by^e  enterprise  manager  in  consultation  with  the  enterprise  party  chief  and 
the  ACFTU  representative.  In  practice,  however  only  a  small  numoer  of  workers 
with  high  technical  skills  can  negotiate  effectively  on  salary  and  fringe  benefits. 

Worker  congresses  are  held  once  or  twice  a  year  in  all  unionized  enterprises.  They 
are  attended  either  by  all  enterprise  employees  or  their  representatives,  who  discuss 
union  plans,  the  enterprise  budget,  factory  management,  and  the  distribution  of 
benefits.  Since  1989  union  leaders  have  attempted  to  make  worker  congresses  more 
responsive  to  the  basic  welfare  concerns  of  ordinary  workers  and  reduced  the  em- 
phasis on  purely  ideological  concerns.  In  spite  of  the  renewed  emphasis  on  party 
control  over  the  unions  in  the  post-Tiananmen  period,  worker  congresses  have  main- 
tained some  enhanced  powers,  most  notably  the  ri^t  to  examine  and  discuss  bread- 
and-butter  issues  affecting  the  enterprise,  including  the  distribution  of  benefits,  sal- 
ary reform,  and  the  right  to  remove  incompetent  managers. 

The  use  of  these  rights  varies  widely,  however.  Many  worker  congresses  continue 
to  act  largely  as  rubber  stamps  for  deals  hammered  out  by  the  manager,  union  rep- 
resentative, and  the  party  secretary.  In  smaller  enterprises  it  is  not  unusual  to  find 
these  three  posts  held  by  the  same  person.  The  Trade  Union  Law  prohibits 
antiunion  discrimination  and  specifies  that  union  representatives  may  not  be  trans- 
ferred or  terminated  by  enterprise  management  during  their  term  of  office.  Union- 
ized foreign  businesses  generally  report  pragmatic  relations  with  ACFTU  represent- 
atives. 

Laws  governing  working  conditions  in  special  economic  zones  (SEZ's)  are  not  sig- 
nificantly different  from  those  in  the  rest  of  the  country.  Wages  in  the  SEZ's,  how- 
ever, and  in  southeastern  China  generally,  are  significantly  higher  than  in  other 
parts  of  the  country  because  high  investment  has  created  a  great  demand  for  avail- 
able labor.  As  in  other  areas  of^the  country,  officials  admit  that  some  foreign  inves- 
tors in  SEZ's  are  able  to  negotiate  "sweetheart"  deals  with  local  partners  that  effec- 
tively bypass  labor  regulations. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Government  prohibits  forced 
and  bonded  labor  by  children  and  enforces  the  prohibition  effectively. 

Some  penal  facilities  contract  with  regular  industries  for  prisoners  to  perform 
light  manufacturing  and  assembly  work.  In  1991  the  Government  published  a  reit- 
eration of  its  regulations  barring  the  export  of  prison-made  goods. 

In  1992  the  U.S.  and  Chinese  Governments  signed  a  Memorandum  of  Under- 
standing (MOU)  prohibiting  trade  in  prison  labor  products.  A  statement  of  coopera- 
tion (SOC)  detailing  specific  working  procedures  for  implementation  of  the  MOU 
was  signed  in  1994.  Although  the  signing  of  the  SOC  initially  helped  to  foster  a 
more  productive  relationship  with  the  authorities,  cooperation  has  been  limited  in 
the  past  few  years.  U.S.  Customs  has  formally  requested  to  visit  20  sites  suspected 
of  exporting  forced  labor  products  to  the  United  States.  The  Government  has  grant- 
ed permission  to  visit  13  of  the  sites.  There  were  repeated  delays  in  arranging  site 
visits  during  most  of  1997.  In  a  positive  development  in  November  the  Government 
granted  permission  to  visit  two  more  facilities. 

In  addition  to  prisons  and  reform-through-labor  facilities,  which  hold  inmates  sen- 
tenced through  judicial  procedures,  the  Government  also  maintains  a  network  of  re- 
education-through-labor camps,  where  inmates  are  sentenced  through  nonjudicial 
procedures  (see  Section  I.e.).  Inmates  of  reeducation-through-labor  facilities  are  gen- 
erally required  to  work,  but  the  authorities  assert  that  the  facilities  are  not  prisons 
and  have  denied  access  to  them  under  the  1992  prison  labor  MOU  with  the  United 
States.  Reports  from  international  human  rights  organizations  and  the  foreign  press 
indicate  that  at  least  some  persons  in  pretrial  detention  are  also  required  to  work. 

Most  anecdotal  reports  conclude  that  work  conditions  in  the  penal  system's  light 
manufacturing  factories  are  similar  to  those  in  other  factories,  but  conditions  on  the 
penal  systems  farms  and  in  mines  can  be  very  harsh.  As  in  many  Chinese  work 
places,  safety  is  a  low  priority.  There  are  no  available  figures  for  deaths  and  injuries 
in  prison  industries. 

a.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Na- 
tional Labor  Law  specifies  that  "no  employing  unit  shall  be  allowed  to  recruit  juve- 
niles under  the  age  of  16,"  2  years  older  than  the  International  Labor  Organization 
(ILO)  standard  of  14  for  developing  countries.  Administrative  review,  fines,  and  rev- 


738 

ocation  of  business  licenses  of  those  businesses  that  hire  minors  are  specified  in  the 
Labor  Law.  The  law  also  provides  for  children  to  receive  9  years  of  compulsory  edu- 
cation and  to  receive  their  subsistence  from  parents  or  guardians.  Laborers  between 
the  ages  of  16  and  18  are  referred  to  as  "juvenile  workers,"  and  are  prohibited  from 
engaging  in  certain  forms  of  physical  work,  including  labor  in  mines. 

Neither  the  ILO  nor  UNICEF  believe  that  there  is  a  significant  child  labor  prob- 
lem in  China.  Good  public  awareness,  a  cheap,  abundant  supply  of  legal  young  adult 
workers,  nearly  universal  primary  schooling,  and  labor  law  enforcement  all  serve  to 
reduce  opportunities  and  incentives  to  hire  child  workers.  Given  this  ample  supply 
of  adult  laborers,  most  employers  in  China  choose  not  to  risk  fines  and  possible  ar- 
rest by  hiring  underage  workers.  Furthermore,  many  foreign  businesses  in  China's 
more  developed  areas  follow  codes  of  conduct  that  set  standards  for  labor  conditions 
and  provide  for  independent  inspections. 

The  Government  prohibits  forced  and  bonded  labor  by  children  and  enforces  the 
prohibition  effectively  (see  Section  6.c.). 

The  Ministry  of  Labor  is  responsible  for  the  enforcement  of  labor-related  regula- 
tions. The  Labor  Law  mandates  the  establishment  of  labor  inspection  corps  at  all 
administrative  levels  above  county  government.  The  rapid  growth  of  the  nonstate 
sector,  however,  has  outpaced  the  evolution  of  government  regulatory  structures  and 
resulted  in  inadequate  labor  inspection  and  enforcement  regimes.  In  poorer,  isolated 
areas,  child  labor  in  agriculture  is  widespread,  given  the  few  employment  options 
available  to  minors  who  have  have  completed  their  primary  school  eaucation  at  ap- 
proximately 13  years  of  age.  Rising  dropout  rates  at  secondary  schools  in  some  prov- 
inces and  anecdotal  reports  suggest  that  children  may  increasingly  be  entering  un- 
regulated sectors  of  the  economy. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Law  codifies  many  of  the  general 
principles  of  labor  reform,  setting  out  provisions  on  employment,  labor  contracts, 
working  hours,  wages,  skill  development  and  training,  social  insurance,  dispute  res- 
olution, legal  responsibility,  supervision,  and  inspection.  There  is  no  national  mini- 
mum wage.  Rather,  the  Labor  Law  allows  local  governments  to  determine  their  own 
standards  on  minimum  wages.  In  general,  minimum  wage  level  determinations  are 
higher  than  the  local  poverty  relief  ceiling  but  lower  than  the  current  wage  level 
of  the  average  worker. 

In  December  the  monthly  minimum  wage  in  Beijing,  set  in  December  1996,  re- 
mained $32.50  (270  rmb).  In  the  Shenzhen  and  Zhuhai  SEZ's  in  south  China,  the 
monthly  minimum  wage  was  approximately  $29  (240  rmb).  For  other  parts  of 
Guangdong  province,  the  minimum  monthly  wage  was  $39  (320  rmb).  In  November 
the  Grovemment  instructed  all  provinces  to  develop  a  minimum  wage  rate.  These 
rates  vary  from  province  to  province.  For  example,  tne  monthly  minimum  wage  rate 
in  Hebei  province  is  $17  (140  rmb)  in  urban  areas  and  $12  (^^100  rmb)  in  rural  re- 

fions.  In  contrast,  Jiangsu  province  wage  rate  is  $34  (280  rmb)  for  urban  areas  and 
25  (210  rmb)  for  all  rural  regions.  Although  these  wage  levels  may  be  slightly  high- 
er than  average  living  expenditures  according  to  some  official  statistics,  tney  would 
provide  only  a  very  basic  standard  of  living  for  a  worker  and  family.  Minimum  wage 
figures  do  not,  however,  include  free  or  heavily  subsidized  benefits  that  some  state- 
sector  employers  may  provide  in  kind,  such  as  housing,  medical  care,  and  edu-^ation. 
In  poor  rural  areas,  monthly  minimum  wage  levels  are  as  low  as  $12.  Official  gov- 
ernment estimates  put  the  number  of  people  living  in  absolute  poverty  at  58  million; 
World  Bank  estimates  range  as  high  as  350  million. 

The  Government  reduced  the  national  standard  workweek  in  1995  from  44  hours 
to  40  hours,  excluding  overtime.  The  Labor  Law  mandates  a  24-hour  rest  period 
weekly  and  does  not  allow  overtime  work  in  excess  of  3  hours  a  day  or  36  hours 
a  month.  It  also  sets  forth  a  required  scale  of  remuneration  for  overtime  work.  En- 
forcement of  regulations  governing  overtime  work  varies  according  to  region  and 
type  of  enterprise. 

Occupational  health  and  safety  are  constant  themes  of  posters  and  campaigns. 
Every  work  unit  must  designate  a  health  and  safety  officer,  and  the  ILO  has  estab- 
lished a  training  program  for  these  ofiicials.  Although  the  Constitution  does  not  pro- 
vide for  the  right  to  strike,  the  Trade  Union  Law  explicitly  recognizes  the  right  of 
unions  to  "suggest  that  staff  and  workers  withdraw  from  sites  of  danger"  and  par- 
ticipate in  accident  investigations.  It  is  unclear,  however,  to  what  extent  workers 
can  actually  remove  themselves  from  such  dangerous  situations  without  risking  loss 
of  employment. 

Pressures  for  increased  output,  lack  of  financial  resources  to  maintain  equipment, 
lack  of  concern  by  management,  and  workers'  traditionally  poor  understanaing  of 
safety  issues  have  contributed  to  a  continuing  high  rate  of  accidents.  In  1996  accord- 
ing to  Ministry  of  Labor  statistics,  the  number  of  industrial  accidents  dropped.  Total 
accidents  stood  at  18,181,  13.5  percent  less  than  in  1995,  with  total  fatalities  at 


739 

17,231,  a  13.9  percent  drop  from  1995.  Of  these,  9,974  occurred  as  a  result  of  mine 
accidents.  According  to  the  Ministry  of  Public  Health,  over  75  million  workers  are 
at  risk  from  occupational  respiratory  diseases  such  as  pneumoconiosis  due  to  poor 
working  conditions.  Less  than  half  of  rural  enterprises  meet  national  dust  and  poi- 
son standards.  Many  factories  using  harmful  products,  such  as  asbestos,  fail  not 
only  to  protect  their  workers  against  the  ill  effects  of  such  products,  but  also  to  in- 
form them  about  the  potential  hazards. 

Poor  enforcement  by  local  officials  of  occupational  safety  and  health  regulations 
continues  to  put  workers'  lives  at  risk.  Work  safety  issues  have,  however,  attracted 
the  attention  of  senior  government  leaders.  In  1997  the  Ministry  of  Labor  was  close 
to  completion  of  new  national  occupational  safety  and  health  legislation.  The  Min- 
istry 01  Labor  has  been  working  with  the  ILO  and  others  to  improve  safety  and  in- 
spection procedures. 

TIBET 

(This  section  of  the  report  on  China  has  been  prepared  pursuant  to  Section  536 
(b)  of  Public  Law  103-236.  The  United  States  recognizes  the  Tibet  Autonomous  Re- 
gion— hereinafter  referred  to  as  "Tibet" — to  be  part  of  the  People's  Republic  of 
China.  Preservation  and  development  of  Tibet's  unique  religious,  cultural,  and  lin- 
guistic heritage  and  protection  of  its  people's  fundamental  human  rights  continue 
to  be  of  concern.) 

Respect  for  the  Integrity  of  the  Person. — The  Chinese  Government  strictly  controls 
access  to  and  information  about  Tibet.  Thus,  it  is  dilTicult  to  determine  accurately 
the  scope  of  human  rights  abuses.  However,  according  to  credible  reports,  Chinese 
government  authorities  continued  to  commit  serious  human  rights  abuses  in  Tibet, 
including  instances  of  torture,  arbitrary  arrest,  detention  without  public  trial,  and 
long  detention  of  Tibetan  nationalists  for  peacefully  expressing  their  political  views. 
Tight  controls  on  religion  and  on  other  fundamental  freedoms  continued  and  in 
some  cases  intonsified. 

The  authorities  permit  many  traditional  religious  practices,  and  public  manifesta- 
tions of  belief.  Those  activities  viewed  as  vehicles  for  political  dissent,  however,  are 
not  tolerated  and  are  promptly  and  forcibly  suppressed.  Individuals  accused  of  polit- 
ical activism  faced  serious  persecution  during  the  year,  as  the  Government  pro- 
ceeded with  its  largely  unsuccessful  campaign  to  discredit  the  Dalai  Lama  as  a  reli- 
gious leader  and  limit  the  power  of  religious  persons  and  secular  leaders  sympa- 
thetic to  him.  The  campaign  was  carried  out  under  the  slogan  "Buddhism  must  con- 
form to  Socialism  and  not  Socialism  to  Buddhism."  Efforts  to  reeducate  monks  and 
nuns  continued  as  part  of  the  campaign.  The  ban  on  photographs  of  the  Dalai  Lama 
continued.  There  were  reports  of  imprisonment  and  abuse  or  torture  of  monks  and 
nuns  accused  of  political  activism,  as  well  as  the  closure  of  several  monasteries. 

The  authorities  in  Tibet  were  concerned  about  potential  violence  and  demonstra- 
tions at  the  time  of  the  Hong  Kong  reversion  in  July,  and  security  restrictions  were 
increased  then  on  both  internal  and  external  travel.  Tb?re  was,  however,  no  unrest 
in  Tibet  during  the  reversion  and  there  were  no  confimjed  reports  of  bombings  or 
other  political  violence  in  Tibet  in  1997.  Foreigners,  including  international  NGO 
personnel,  experienced  increased  restrictions  on  access  to  Tibet  that  began  mid- 1997 
and,  in  some  cases,  continued  until  the  end  of  the  year. 

Legal  safeguards  for  ethnic  Tibetans  detained  or  imprisoned  are  the  same  as 
those  in  the  rest  of  China  and  are  inadequate  in  design  and  implementation.  Lack 
of  independent  access  to  prisoners  or  prisons  makes  it  difficult  to  assess  the  extent 
and  severity  of  abuses  and  the  number  of  Tibetan  prisoners.  Nonetheless,  there  are 
many  credible  reports  that  prisoners  are  tortured,  beaten,  and  otherwise  mistreated. 
In  October  Physicians  for  Human  Rights  published  a  report  based  on  1996  inter- 
views with  258  Tibetan  refugees  living  in  India.  According  to  the  report,  38  of  those 
interviewed  stated  that  they  personally  had  been  subjected  to  beatings,  electric 
shocks,  suspension  in  painful  positions,  and  other  forms  of  torture  or  abuse. 

Several  foreign  delegations  visited  Tibetan  prisons.  In  April  an  official  Norwegian 
delegation  visited  Tib«t  to  discuss  human  rights  issues  and  was  allowed  to  visit 
Drapchi  prison  in  Lhasa.  The  delegation  met  with  ordinary  prisoners,  but  was  not 
given  access  to  political  prisoners.  In  August  a  delegation  from  Switzerland  also  vis- 
ited Drapchi  prison.  In  September  seven  German  parliamentarians  from  the  Bun- 
destag Subcommittee  for  Human  Rights  and  Humanitarian  Aid  also  made  a  prison 
visit.  In  October  the  U.N.  Working  Group  on  Arbitrary  Detention  visited  Drapchi 
prison,  where  group  members  were  allowed  to  interview  certain  prisoners  without 
the  presence  of  Chinese  officials. 

Ngawang  Choephel,  the  29-year-old  Tibetan  ethnomusicologist  who  was  sentenced 
to  18  years  in  prison  on  charges  of  "espionage"  in  late  1996,  had  his  appeal  denied 


740 

\\\  Kohr\>rt»v  n\u\  w\\\>\i\\it  nt  nii  »(n>l«r»»  I>>mo»1  piir)oi\  In  April  ll\o  liutiuM'  (tbU^t  nf  t.l\o 
'rNnhUh\tn)v<  n«iMu««(«MV,  l'hn»hx'l  Kinpmhi'.  wmn  n«>m(imux'»1  (»»  <>  y»\'<ji«  tn  prtittut  nrtor 
H  trW»t  thrtt  wtxtt  iloftoil  l»>  (ho  (n<l>lu'  Tho  ^S  voui  «<1>1  .\M»o(  \\;«ft  miix<m(«hI  \n  1S>S)^ 
IW  »NMn«u\mu«tt\»c  with  ll\«'  Hnhu  lauurt  »>\t'r  tho  mMuxh  Coi  th«'  i>i>»iu'«rn«ttiMi  «<f  l.hp 
l'i»nil\«ni  Ijinm,  liU't'n  )«i<k\Mu)  Ixi^jho-tt  »x'l)f;u<i\r»  loiuloi  ThiMX-  «:>i  ni>  i>l1'i>u»l  infor 
\nM(ikM\  i>U<ul  i'lutilix'l  K\i\>H>«l\«''  U'l\\r«'M  hirt  ium'»(  nwA  rtontoiwiM^  Two  >ith«M  Vxhvi 
MiXN  ««MX'  si-ntcMut'il  i>li<nf;  \\\i\\  v'h.-Jihx'l  Kiu^vuhi'  lot  "i\>lh\»ln\i;  w  \\\\  srp(«iH(iit( 
ToiWit  i«bn\i«»r'  n\\\\  "mMvownlv  n'on!>i>h;uv);  tuUiouMl  tutttuitltkMi  !«n»l  th«'  \m»\(>  oI  oth 
\\W  ut\mi>r»  "  An  rtf»Mvr«(»«M(.  I  M!»>v»prt  rhimc.  \m»h  tx'utoniVtl  (o  t\  >ou\s'  \infM  \s»>nn>«>ji(, 
Miul  H  i\\\u\  «lol«M\«l!>uJ.  SmUilmp.  vxhvwoiI  'J  Vi'mjV  4inpM!«»MHUiM\t  A^^\>T^^in>;  (o  iiViii- 
Mo  n'jH^rt'*,  I'hwihx'l  Kln(«>^th<'  Umn  U>«m\  ht'lii  in  n  i»«vivt  vMUi^vmni)  »>l  rt  SiiIuimh  piiii- 
»»n  xxhoix'  \\v  lu»r«  1>«HM\  HopwrwtotJ  lUon  otluM  priittinm*.  kirntoti  nW  oxitaulo  amtMctjt, 
i\\\\\  ix'stiuli'd  U'  hii«  »vll 

At>x'i\linf;  (>>  Wi'MtiMn  pix'rtN  tx<|>>>il«,  (>x»<  rihotttntt  Slu>l  Piixx  i«  iinil  l\'p(i>'»*'  woiv 
i«pnt«MU'x'>l  li>  ;'  n\\i\  <;  M'lUN  in  pii'«>Mi.  ix'nihhIixoIx  ,  K>i  iXMiU'ihwc  :i  lis!  i>r  I'lmx'nt  «iul 
lvl«'«r»»Hl    >MlltU:«l     pil-iiMU'ls    tll:»t     th»'\     ('l.-IIUIiil    to    S«'iul    )»lM\'.l.l      hi    S<'pl«MnlHM      K\',i 

pHmMMMT*     inohuhn^  i»oni«<  u»>l«'>i  !»>»'  iv>hturtl  olVonxor*     xvotx'  citinto*!  »\>vii(  »>t\l«MVil 

(»|S*M\    lOnU    «\<vilUt\\MIM   or    p.-llvxlo    .'lUlM     «h»>\Mn){   OVuloi\»X'    ol    txM»>M\\    Mnvl    f^>Oil    IvhrtV 
or. 

AiHxmlhvc  lo  :»  M;»>  woik  ix-)\>i<  pivH«>tU«Hi  hv  H«l  /.hm>,  v^'vstidt^nt  ol'TiWt's  Hi^h 
0V  IVoplo'i*  I'oviH.  in  U>;><»  tho  vAMut,-*  hiuuUovl  4'i'  I'^itoit  (owK'4«v>t  5>»H  |H>»"»ons  ch««>5xHi 
wUh  t'«in\oi«  (hwt  "«>nii«n>;x')xHl  nut  ions*!  r»«H\mtv  " 

Knnith  phinnin^  ixMUjiini  nn  in\poit;»nt  ^\»!»1  Tor  thr>  wiithoritios  in  Tilyt.  hwt  t'iitn 
il^V  phinnuifj  )y<h»'i«'->  !«ix-  :n>pht'>l  nuMx'  U-niontlx  ti'  t-tluiu  Pihi^trtiis,  rtiuJ  «'thnio  IMvt 
AW*  \\>nliiiM<'  to  ho  hUowovI  to  hwM"  nv«>ix'  ihiKhxMi  th.-ui  H;ui  Thnnv'^o 

^Vy*x/«^wi  iSf  /»V*»jC'«*'«  n\o  l«o\vn\n\ont  rtllo»?«  m  lunwlw  of  ("onws  »>t"  tx>h|;ious  «o 
tivit.v  in  'IMvt  It  tU>0!»  not  tolor«t«*  txMifjiovis  u\rtn\lost.Mtion!*  th:*t  rtdv\vo.-Ato  IMvtwn 
tn\io|HM\>UMuv  «M  «nv  o\p»viSh>n  of  "■•i>h(i!«nv  "  At  a  S*«pton\hor  nows  \\M\loixn\vv.  a  H- 
IxMrtn  >;\<\vinnvon(  on\o\;»l  »\Mnprt«xsl  t  hin<\"«o  .titton^  in  IMyt  to  loixn^jn  j;\vvtMnn>«>ntV 
»v«^H*ni»or»  t>>  \\ilt  fiotiMtx  riio  iI*>\vM  nnvont  vn>iuUm\iii!»  tho  PjiImi  lj»nin'!«  )\»h(u'rtl  rti^ 
(ivitioit  rtiul  U^rttliM^hip  »^l  rt  >{\>\vM\nH'nt  in  rxilo  Thr  »^(Vu•l;«l  oix^ss  intoiisil^oii  »-<\o( 
oru'  n|;!»iiiMt  hini  i«n>l  ix<fH':»t«>iUv  il«*rH-nhokl  hini  «t»  m  '\'nniin;»r  iU>t»Mnun«Hl  to  spht 
lM\in«  in  «ii  rtttiMiipt  t»>  nnvioinnno  th«"  »-ix>>hhihtv  >>l  his  ix>h>;ioi>s  .•mthvMitv  OtVl»irtlr» 
insiHt  thrtt  dijilogMO  with  tho  P:ilju  U-uurt  is  0!«»tM\(iall>  iiwpossihlo  juuI  clrt\ni  thrtt 
ht«  MotuMiM  U'ho  In*  »vvH»rtto\l  t>\»hhc  «!»>»«»^n*v*  t}<«t  ho  »W>»  not  mlNtv^tP  indot^onvi- 
on»v  Um  IMM't 

Mo!«t  lMvt«ni«  pv.-utuv  lhi>UU\\sn\  to  hoiih*  jIok'xm'  This  hoKis  (n»o  Tor  n>niiy  othnic 
TOM^trtii  uv'xovnnxMit  »>n\vi;ils  miwI  l\>ninninist  r;»rt>  nuMivKM^s  S*>n\o  l.tHH^  ix^h^ums 
l\>;xnx»«  h>0>l  i\vsitions  in  lo»';il  ih^>i>Io's  ixmi^jx^ssos  a\\\\  v\Mnn\itt»vs  of  tho  l^hintv^o 
lN\«pU''s  l\>hturtl  l\Mis\iU«tixv  I  v>nliMXMUv  l\<  In^UtcM  lo\«h\  tv>  th«'  prtilv.  tho  lJv<v 
oniniont  «toot>«sl  vio  oHoits  to  oiisiux>  thrtt  p«Hv  irt^hx^s  in  Tilvt.  ovxM'  TO  )>oi\x>nt  ol" 
whvxin  rtix'  otiiiiiv  ruH-trtiis,  rt>Hi«Mx<  to  tho  prti-<>'i«  »\>*lo  v>ri»thoism 

lUnUUnvt  ii\oi\rtst«Mios  juul  pi\nn»lotHMivUMUV  rt»tixisiii  rtix^  olo!*t^l,v  rts^virtttnl  u\ 
TiWt  rhunijihont  (ho  yx^rtr,  {\w  (»o\vrnn\ot\t  o\jV}»iuioil  tho  prttnotu'  odviorttton  Ortuv 
Prtmns  lv^;\iii  »n  l5*5JK<  »n  th«XM'  n\on«ston«\'»  to  nu-hulo  nn^nrtstoncs  th«xn»j;ho\»t  iho 
\\W\  A\itv>non>»>\is  Ko^jion  Tho  ortinjvuons,  whti'li  l\;>\x'  Uvn  Imj^jx^Iv'  unsxu\vs!it\U  »n 
v"hrtnn\iv>j  riUMrtiis'  rttt\tn\)os,  rtix>  .■»inu\l  rtt  ix>ntiMllinf;  tho  nH>nrtstov>os  rtOvl  oxjH'U»iv>J 
>\>"mi>rtlhi9oi-!»  ol  Tihotrtn  invlo)vn\ioiux'  a\u\  s\u>fVi1oi-!«  ottho  Prtl.u  U-^nirt  AiWMxluvji 
U»  tho  Ortlrti  (■Ainrt,  luonks  «»v  ixhuiuxhJ  tk>  iv  *^vj»tnotu""  «iui  si^n  «  vUvlai'rttion 
A|J«xvin^  to  ivjtvt  invJo)vn»UMivX'  Tor  Vihot,  ix^uvt  t)io  U<x  jtoUvto^l  h\  tlio  l^rtUii  t -muia 
rt*  tho  llth  ix'invrtinrttivMi  »>l  t)vo  Prtn\hon  l.rtn\rt,  ix\»«vt  rtiwl  vloi\»>uiiix*  tho  Prtlrti 
l^iwrt,  Ms\Nf;iii5o  tho  nnitv  >xl  Thiiirt  rtiul  Tilvt,  miivJ  n»>t  hston  to  tho  \'ouv  ol  AnuM^ 
u'rt  A»\\Mxlii\);  to  kixshhlo  ix>js>i^s,  i\\»>nks  xvho  ixMusisi  ti<  s\);n  woix'  ovtvllovi  iWm 
thoir  uHMirtstoMO!*  «nvl  xxxmx'  not  ^HMinittoil  to  ixMiun  homo  to  \\\>t^  Hv  tho  onui  of 
tho  >v*r,  >>>Mm\ts  v\l  tho  Trtiuhon  l<«nxrt  soUsSo*!  hv  Hovniv>;  woi\»  on  pivnnnont  dts- 
pVv  in  n>onrt*tovnv»>  rts  woix>  s*^*  ol  nilon  uvnwnnvK  »x'lv>;»ons  rtotiMt.v  Kosistrtnw 
to  tho  ortin^^rtv^n?*  x^«!«  inton^\  «iut  tho  tJoNxMninont  »  olVoMs  >vxmx'  vUvpl,\  tx"!»onto\l 
Ivth  hv  monk*  rtivvJ  h>  Irt^N  UvuUlhist!*.  !*>im''  olxxhoni  OoiJ  IMn^t  AvWMxiiin;  to  m  Mj\v 
NlJO  »V)<»>M,  oOVirtU  xvo«x^  ix^rtAstjSMstuvjj  tho  OMiiiprti^n  InvrtxiTio  tho  hrti-jih  trtotu^a  rtiui 
jH>nrtlt»0!«  ompK\vx*\l  \xxmx»  hrtckl\m\|{  AppuwiiwrttoK  ;«,iHH>  IMvtrtnH  oivtov  NoprtI  ortch 
wrtr  to  o*'rt>v  ivn^htion*  in  Tilvt,  «i\vixhi\u  to  tho  U  N  Hijjh  Oon\nn*!»u>nor  Tor  Kof- 
ni;xv» 

t'hinoi^'  »»nVvrtli»  i«trtto  thrtt  IMvt  hrt*  n>»MX'  t)\Mn  ^c^.v'^H^  Ixw^KUiiitt  luonk*  #inkl  m»n« 
nn^i  rtpi>i\>\in\rttol>'  \,rSO  nH>nrt!ttono*.  toinpUvi.  awA  ix^lvjjxoxis  sito*.  An^i  itunno  ti^v*U 
or*  to  nK't  hrtw  »x''|V»~to»i  jhnmivj;  »no»x\n!»«^>i  miinlvi-s  ol  nxonks  aiuI  nvins  Tho  (»x>V» 
ovninont,  hoxxx^xxM.  hrt*  n»o\xs<  to  o\>H>  tho  |Mx»hrorrttion  of  IMvtAix  HntlnUxxst  «mn» 
Ai»torxo*,  whioh  aiv  jHH^n  a*  a  vlrAin  on  KvaI  »x**>\u\V!»  An^i  a  \Mn\Uiit  lov  jvhtXK'*!  in- 
nUr«thMx  h\  tho  IN^vtAn  o\<U^  \xnn«\n»»x»t>\  11\o  l»x>vx»n»n»ox\t  stAto*  thrtt  W  «lmH\v  «>n- 


741 

forces  limits  on  the  number  of  monks  in  major  monasteries.  Following  disturbances 
in  Ganden  in  May  1996,  and  the  subsequent  campaigns,  the  number  of  monks  there 
reportedly  decreased  from  700  to  500. 

TTie  Government  continues  to  oversee  the  daily  operations  of  major  monasteries. 
Although  the  Government  generally  contributes  only  a  small  percentage  of  the  mon- 
asteries' operational  funds,  it  retains  management  control  of  the  monasteries 
through  the  government-controlled  democratic  management  committees  and  the 
local  religious  affairs  bureaus.  In  April  1996  regulations  restricted  leadership  of 
management  committees  of  temples  to  "patriotic  and  devoted"  monks  and  nuns. 
Continued  antigovemment  sentiment  indicated,  however,  that  these  government  ef- 
forts were  largely  unsuccessful. 

The  Government  continued  to  insist  that  the  boy  it  selected  and  enthroned  in 
1995  is  the  Panchen  Lama's  11th  reincarnation.  The  boy  appeared  publicly  in 
Beijing  in  August  to  preside  over  Tibetan  Buddhist  rites  marking  the  10th  anniver- 
sary 01  the  founding  of  the  China  Advanced  Tibetan  Buddhism  College.  At  all  other 
times  he  was  held  mcommunicado  by  Chinese  authorities.  Meanwhile,  the  Govern- 
ment also  continued  to  detain  the  boy  selected  by  the  Dalai  Lama  as  the  Panchen 
Lama's  reincarnation.  The  boy's  family  was  also  detained.  The  Government  refused 
to  provide  access  to  either  of  the  boys  or  their  families,  whose  exact  locations  were 
unknown.  Tibetan  monks  have  claimed  that  they  were  forced  to  sign  statements 
pledging  allegiance  to  the  boy  the  Government  selected  as  the  reincarnation  of  the 
Panmen  Lama.  There  is  widespread  sentiment  in  Tibet  in  favor  of  the  boy  selected 
by  the  Dalai  Lama.  The  party  also  urged  its  members  to  support  the  "oflicial"  Pan- 
chen Lama,  and  the  Shigatse  city  Communist  Party  Committee's  Propaganda  De- 
partment had  pictures  of  the  boy  printed  for  use  in  public  and  private  religious  dis- 
plays. 

The  Government  continued  to  restore  Buddhist  sites,  many  of  which  were  de- 
stroyed during  the  Cultural  Revolution.  The  Government  has  contributed  significant 
sums  towards  these  restoration  efforts,  in  part  to  promote  the  development  of  tour- 
ism in  Tibet.  The  monasteries  continue  to  house  and  train  voung  monks,  making 
possible  the  transmission  of  Tibetan  Buddhist  traditions  to  mture  generations.  Al- 
though by  law  monks  are  prohibited  from  joining  a  monastery  prior  to  the  age  of 
16,  many  younger  boys  in  fact  enter  monastic  life. 

In  December  the  International  Commission  of  Jurists,  a  nongovernmental  organi- 
zation, issued  a  report  that  criticized  the  Government's  repression  of  religious  free- 
dom in  Tibet. 

Economic  Development  and  Protection  of  Cultural  Heritage. — Tibetans  receive 
preferential  treatment  in  marriage  and  family  planning  policies,  as  do  China's  54 
other  minority  ethnic  groups.  However,  discrimination  against  Tibetans  is  wide- 
spread, especially  in  the  area  of  employment. 

The  central  Government  and  other  provinces  of  China  heavily  subsidize  the  Ti- 
betan economy,  which  has  grown  by  an  average  annual  rate  of  10.5  percent  during 
1989-1996.  Over  90  percent  of  Tibet's  budget  income  comes  from  outside  sources. 
Tibet  also  benefits  from  a  wide  variety  of  favorable  economic  and  tax  policies.  These 
policies,  however,  have  attracted  growing  numbers  of  ethnic  Han  and  Hui  immi- 
grants from  other  parts  of  China,  that  are  competing  with — and  in  some  cases  dis- 
placing— Tibetan  enterprises  and  labor.  Overall,  government  development  policies 
have  helped  raise  the  economic  living  standards  of  many  ethnic  Tibetans  but  many 
benefits  of  development  accrue  to  Han  Chinese.  Rapid  growth,  the  expanding  tour- 
ism industry,  ana  introduction  of  more  modem  cultural  influences  have  also  dis- 
rupted traditional  living  patterns  and  customs,  causing  environmental  problems  and 
threatening  traditional  Tibetan  culture. 

Illiteracy  levels  are  high.  The  current  rate  for  all  Tibetans  is  approximately  40 
percent,  and  in  some  areas  it  reaches  80  percent.  Chinese  officials  have  over  the 
past  few  years  downgraded  the  use  of  Tibetan  in  education.  Primary  schools  at  the 
village  level  teach  in  Tibetan,  but  these  schools  usually  have  only  two  or  three 
grades.  Approximately  70  percent  of  eligible  children  attend  primary  school,  but 
most  pupils  end  their  formal  education  after  graduating  from  village  schools.  The 
Government  recently  announced  that  it  would  abandon  efforts  to  keep  elementary 
education  entirely  in  Tibetan  and  begin  teaching  Chinese  to  Tibetan  children  start- 
ing in  the  first  grade.  The  Government  stated  that  this  step  was  taken  in  order  to 
make  Tibetan  children  more  competitive  with  their  Han  counterparts,  and  provide 
more  educational  and  employment  opportunities  in  the  long  run.  According  to  local 
education  officials,  Tibetan  is  the  main  language  of  instruction  in  middle  schools, 
although  there  are  special  classes  offering  instruction  in  Chinese.  Most,  but  not  all, 
of  the  students  in  these  Chinese  classes  are  ethnic  Han.  Experimental  Tibetan  mid- 
dle schools,  which  had  been  established  in  the  1980's,  and  were  reportedly  success- 
ful, closed  down.  Most  of  those  who  attend  regional  high  schools  continue  to  receive 


742 

some  of  their  education  in  Tibetan,  but  knowledge  of  Chinese  is  necessary  to  receive 
a  higher  education. 

Tibet  University  is  a  small  university  with  1,300  students  established  to  train  Ti- 
betan teachers  for  the  local  educational  system.  Ethnic  Tibetans  resent  dispropor- 
tionate Han  representation  in  the  student  body  and  faculty.  Tibetans  constitute  ap- 
proximately 95  percent  of  the  population,  but  only  80  percent  of  Tibet  Universitvs 
student  body,  and  30  percent  of  all  university  faculty  in  the  Tibet  Autonomous  Re- 
gion. Although  Tibetans  are  given  admission  preferences,  Han  Chinese  students  fre- 
quently gain  admission  because  they  score  higher  on  admission  exams  due  to 
stronger  Chinese  language  skills  and  educational  backgrounds.  Authorities  report- 
edly require  professors,  particularly  those  from  Tibet  University's  Tibetan  Language 
Department,  which  is  viewed  as  a  potential  source  of  dissent,  to  attend  political  edu- 
cation sessions  and  limit  course  studies  and  materials  in  an  effort  to  prevent  "sepa- 
ratist" political  and  religious  activity  on  campus.  Some  ancient  texts  are  banned  for 
political  reasons. 

The  Dalai  Lama  and  Tibetan  experts  have  expressed  concern  that  development 
projects  and  other  central  government  policies  adopted  at  a  1994  work  conference 
in  Tibet  encourage  a  massive  influx  of  Han  Chinese  into  Tibet,  which  has  the  effect 
of  overwhelming  Tibet's  traditional  culture  and  diluting  Tibetan  demographic  domi- 
nance. In  recent  years,  in  Lhasa  and  other  urban  areas,  freer  movement  of  people 
throughout  China,  government-sponsored  development,  and  the  prospect  of  economic 
opportunity  in  Tibet,  have  led  to  a  substantial  increase  in  the  non-Tibetan  popu- 
lation (including  China's  Muslim  Hui  minority  as  well  as  Han  Chinese).  An  in- 
creased number  of  immigrants  from  China's  large  transient  population  seek  to  take 
advantage  of  these  new  economic  opportunities.  Most  of  these  migrants  profess  to 
be  temporary  residents,  but  small  businesses  run  by  ethnic  Han  and  Hui  citizens 
(mostly  restaurants  and  retail  shops)  are  becoming  more  numerous  in  almost  all  Ti- 
betan towns  and  cities.  In  Lhasa  between  one-third  and  one-half  of  the  population 
is  Han  Chinese;  elsewhere,  the  Han  percentage  of  the  population  is  significantly 
lower.  In  rural  areas,  the  Han  presence  is  often  negligible.  Chinese  officials  assert 
that  95  percent  of  Tibet's  officially  registered  population  is  Tibetan,  with  Han  and 
other  ethnic  groups  making  up  the  remainder.  This  figure,  however,  does  not  in- 
clude the  large  number  of  "temporary"  Han  residents  including  military  and  para- 
military troops  and  their  dependents,  many  of  whom  have  lived  in  Tibet  for  years. 

China's  economic  development  policies,  fueled  in  Tibet  by  central  government  sub- 
sidies, are  modernizing  parts  of  Tibetan  society  and  changing  traditional  Tibetan 
ways  of  life.  Although  the  (jovemment  has  made  efforts  in  recent  years  to  restore 
some  of  the  physical  structures  and  other  aspects  of  Tibetan  Buddhism  and  Tibetan 
culture  damaged  or  destroyed  during  the  Cultural  Revolution,  repressive  social  and 
political  controls  continue  to  limit  the  fundamental  freedoms  of  ethnic  Tibetans  and 
risk  undermining  Tibet's  unique  cultural,  religious,  and  linguistic  heritage. 


HONG  KONG 

Hong  Kong,  a  small,  densely  populated  territory  that  reverted  from  British  to  Chi- 
nese sovereignty  on  July  1,  remains  a  free  society  with  legally  protected  rights.  Its 
constitutional  arrangements  until  June  30  were  defined  by  Letters  Patent  and  Royal 
Instructions  from  London;  thereafter.  Hong  Kong  became  a  Special  Administrative 
Region  of  the  People's  Republic  of  China  as  prescribed  by  a  1985  Sino-British  Joint 
Declaration  and  tne  Basic  Law,  a  "mini-constitution"  approved  in  1990  by  China's 
National  People's  Congress.  Executive  powers,  until  June  30  were  vested  in  a  gov- 
ernor appointed  by  Britain;  after  July  1,  such  powers  were  vested  in  a  chief  execu- 
tive selected  by  a  400-person  selection  committee  chosen  bv  a  China-appointed  pre- 
paratory committee.  Fundamental  rights  before  June  30  ultimately  rested  on  over- 
sight by  the  British  Parliament.  Thereafter,  such  rights  were  provided  by  the  Basic 
Law,  under  which  Hong  Kong  is  to  have  a  high  degree  of  autonomy  except  in  de- 
fense and  foreign  affairs.  In  practice.  Hong  Kong  has  largely  controlled  its  internal 
affairs.  The  judiciary  is  an  independent  body  adhering  to  the  Basic  Law  and  to  Eng- 
lish common  law. 

In  1995  Hong  Kong  completed  the  process  of  moving  from  an  appointed  to  an 
elected  legislature,  and  all  60  seats  in  the  Legislative  Council,  which  served  until 
June  30,  were  open  to  direct  or  indirect  balloting  for  the  first  time.  The  elections 
were  widely  considered  to  be  fair  and  open.  The  Legislative  Council  served  as  a 
forum  for  vigorous  debate  and  planning  for  the  period  after  retrocession.  However, 
China,  objecting  to  the  electoral  rules  instituted  by  (jovemor  Patten  and  the  Hong 
Kong  Government  for  the  Legislative  Council,  district  board,  and  municipal  council 


743 

elections  dissolved  these  bodies  at  midnight  on  June  30.  The  selection  committee 
that  named  the  Chief  Executive  also  chose  a  60-member  provisional  legislature  to 
take  office  after  the  handover.  Of  the  elected  legislative  councilors,  33  of^34  who 
sought  seats  were  named  to  the  Provisional  Legislature.  No  Democratic  Party  legis- 
lators who  as  a  group  had  drawn  the  most  oopular  support  in  the  1995  elections, 
sought  seats  on  the  Provisional  Legislature.  Many  popular  independent  le^slators 
ioined  the  Democrats  in  refusing  to  serve  on  an  appointed  provisional  legislature. 
Critics  contended  that  the  selection  of  the  Provisional  Legislature  had  no  basis  in 
law,  was  unnecessary,  lacked  transparency,  was  not  based  on  open  elections,  and 
excluded  groups  or  individuals  critical  of  China.  Court  cases  challenged  the  constitu- 
tionaUty  of  the  Provisional  Legislature  and  the  validity  of  its  laws  but  the  High 
Court  upheld  the  authority  of  the  National  People's  Congress  to  estabbsh  the  legis- 
lature and  the  laws.  , 

China  promised  that  the  Provisional  Legislature  would  serve  no  more  than  a  year 
and  committed  to  legislative  council  elections  before  July  1,  1998,  based  on  a  new 
election  law.  It  also  said  that  a  broad  spectrum  of  candidates  and  parties  could  isar- 
ticipate  in  the  elections.  In  September  the  Hong  Kong  Government  introduced  an 
election  bill  based  on  recommendations  by  the  Preparatory  Committee.  As  specified 
in  the  Basic  Law,  20  seats  are  to  be  elected  on  a  geographic  basis  through  universal 
suffrage  30  seats  through  functional  (occiipational)  constituencies,  and  10  seats 
througii' indirect  election.  The  Preparatory  Committee  and  Hong  Kong  administra- 
tion decided  that  the  20  geographic  seats  should  be  chosen  by  a  proportional  rep- 
resentation system  and  redefined  9  of  the  functional  constituencies,  reducing  the 
number  of  voters  in  these  constituencies  from  over  2.5  million  to  less  than  200,000. 
Some  observers  criticized  the  proportional  method  as  favoring  pro-China  parties  in 
the  geographic  races,  and  they  also  criticized  curtailment  of  the  franchise  for  func- 
tional constituencies.  However,  as  of  yeai^s  end,  all  political  parties  have  indicated 
that  they  expect  the  elections  to  be  democratic,  and  none  has  said  that  it  would  boy- 
cott the  elections,  which  the  Government  has  set  for  May  1998.  In  December  the 
Democratic  Party  chose  19  candidates  to  run  in  the  elections,  while  leaders  ol  other 
prodemocracy  parties  made  plans  to  give  up  their  British  passports  in  order  to  qual- 
ify as  candidates  in  geographic  constituencies.  ,  ,,  r-  4.  i  r  • 
A  well-organized  police  force  maintains  pubhc  order  under  the  lirm  control  ot  ci- 
vilian authorities.  Fears  that  Chinese  troops  sent  to  Hong  Kone  to  replace  the  Brit- 
ish military  garrison  after  the  handover  would  intervene  in  pohce  duties  have  thus 
far  proved  to  be  unfounded.  There  were  reports  that  some  members  of  the  police 
committed  human  rights  abuses.                                  ,         ,          ,  /-  ^       t*  • 

Hong  Kong  is  a  major  regional  and  international  trade  and  finance  center.  It  is 
the  principal  gateway  for  trade  and  investment  with  China.  A  thriving  free  niarket 
economy  operates  with  minimal  government  interference  (a  system  provided  for  by 
the  Basic  Law  for  50  years).  Per  capita  gross  domestic  product  surpassed  $24,000 
in  1996  and  continued  to  grow  in  1997.  After  reversion.  Hong  Kong  continues  to 
enjoy  economic  autonomy  and  to  function  as  a  separate  customs  territory  from 
mainland  China.  ,      .  ,     ,  •       •     i    j  j 

Human  ri^ts  problems  before  and  after  the  July  1  reversion  included  excessive 
use  of  force  by  some  members  of  the  police  against  persons  in  custody,  some  in- 
stances of  media  self-censorship,  limitations  on  citizens'  ability  to  change  their  gov- 
ernment violence  and  discrimination  against  women,  and  discrimination  against 
the  disabled  and  ethnic  minorities.  The  human  rights  community  criticized  the  out- 
going colonial  government  for  opposing  proposals  to  enact  laws  against  discnnuna- 
tion  based  on  race,  age,  and  sexual  orientation.  However,  the  Legislative  Council  on 
June  26  passed  the  government-sponsored  Family  Status  Discrimination  Ordinance, 
which  protects  people  who  have  children,  whose  marital  status  changes,  or  who  are 
responsible  for  caring  for  a  particular  family  member.  Human  nghts  observers  were 
concerned  that  revisions  to  the  Public  Order  and  the  Societies  ordinances  would  un- 
dermine fundamental  human  rights;  however,  to  date  these  fears  have  been  un- 
founded. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing.— There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

In  1997  there  were  10  instances  of  death  of  detainees  in  pohce  custody. 

b.  Disappearance.— There  were  no  reports  of  politically  motivated  disappearances, 
c   Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment.— 

The  law  forbids  torture  and  other  extreme  forms  of  abuse  by  the  police;  however, 
there  were  reports  that  police  at  times  used  excessive  force.  The  law  stipulates  pun- 


45-909    98-25 


744 

ishment  for  those  who  break  the  law,  and  disciplinary  action  can  range  from 
warnings  to  dismissal.  Criminal  proceedings  may  be  undertaken  indepencfently  of 
the  disciplinary  process  of  the  police  force.  Allegations  of  excessive  use  of  force  are 
investigated  by  the  Complaints  Against  Police  Office,  whose  work  is  monitored  and 
reviewed  by  the  Police  Complaints  Council,  a  body  composed  of  public  members  ap- 
pointed by  the  Chief  Executive. 

Although  excessive  use  of  force  by  police  is  not  widespread,  there  are  occasional 
complaints  of  force  being  used  to  coerce  information  or  confessions  during  interroga- 
tions. Some  human  rights  monitors  are  concerned  that  this  may  be  a  growing  prob- 
lem and  have  documented  complaints  of  beatings.  In  1996  the  Government  reported 
1,600  assault  complaints,  of  which  3  were  substantiated  by  the  Complaints  Council. 
From  January  to  June,  there  were  521  assault  complaints;  4  were  substantiated. 
Critics  contrast  the  relatively  large  number  of  complaints  with  the  very  small  num- 
ber substantiated  and  urge  changes  to  a  system  whose  review  process  appears  to 
favor  the  police.  The  Complaints  Council  in  May  announced  that  the  force  had 
agreed  to  a  lower  standard  of  proof  for  less  serious  complaints.  However,  many  ob- 
servers criticized  the  Government  for  withdrawing  on  June  23  a  bill  to  strengthen 
the  Complaints  Council  after  the  legislature  added  an  amendment  expanding  the 
Council's  oversight  of  the  Complaints  Against  Police  Office  to  include  investigative 
powers.  The  Government  argued  that  the  amendment  would  have  severely  dis- 
rupted effective  operation  of  the  police  complaints  system. 

The  Basic  Law  provides  that  military  forces  stationed  by  China  in  Hong  Kong  for 
defense  purposes  "shall  not  interfere  in  the  local  affairs  of  the  region.  Although 
many  persons  worried  about  the  dispatch  of  4,000  People's  Liberation  Army  (PLA) 
troops  to  Hong  Kong  at  the  time  of  handover  to  replace  British  forces,  the  Govern- 
ment pledged  that  tney  would  play  no  police  role.  The  PLA  troops  have  assumed 
a  very  low  profile.  Under  the  authority  of  the  Basic  Law  the  Chief  Executive  may 
request  their  assistance  in  cases  of  natural  disaster  or  civil  disturbance  that  local 
forces  cannot  handle. 

Although  conditions  vary  among  facilities,  prisons  conform  to  international  stand- 
ards. 

The  Government  permits  prison  visits  by  human  rights  monitors.  After  one  such 
visit  in  June,  Human  Rights  Watch/Asia  and  Human  Rights  Monitor  noted  that  the 
system  "had  much  to  recommend  it,"  although  also  noting  that  it  showed  the  strains 
of  overcrowding.  Terming  the  visit  a  benchmark  of  prison  conditions  just  before  re- 
version, these  groups  recommended  that  an  independent  prisons  inspectorate  pro- 
vide future  outride  oversight  of  conditions  in  Hong  Kong's  penal  and  detention  fa- 
cilities. The  Government,  nowever,  decided  against  establishing  such  an  inspection 
system. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Until  reversion,  British  legal  practice 
and  common  law  traditions  governed  the  process  of  arrest  and  detention  to  ensure 
substantial  and  effective  protection  against  arbitrary  arrest  or  detention. 

Afler  reversion,  common  law,  precedents  previously  in  force,  and  the  Basic  Law 
(which  incorporates  the  International  Convention  on  Civil  and  Political  Rights)  pro- 
vides such  protections.  The  Government  has  stated  that  these  protections  are  equal 
to  those  applicable  prior  to  July  1,  1997. 

Exile  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — Until  June  30,  the  judicial  and  legal  systems  were 
organized  by  principles  of  British  constitutional  law  and  legal  precedent  and  pro- 
vided for  an  independent  judiciary,  which  the  Government  respected  in  practice.  An 
independent  judiciary  endured  after  Hong  Kong's  reversion,  underpinned  by  the 
Basic  Law's  provision  that  Hong  Kong's  common  law  tradition  be  maintained. 

Hong  Kong's  ultimate  judicial  body,  the  Court  of  Final  Appeal,  was  established 
on  July  1,  inheriting,  in  large  part,  the  power  of  final  judgment  formerly  held  by 
the  Pnvy  Council  in  London.  Incoming  government  officials  were  responsible  for  set- 
ting up  the  court.  Judges  are  nominated  by  an  independent  commission;  the  Chief 
Executive  is  required  to  appoint  those  nominated,  subject  to  endorsement  by  the  leg- 
islature. By  late  July,  the  Chief  Executive  had  appointed  a  chief  justice,  three  other 
permanent  justices,  and  several  nonpermanent  jurists  from  Hong  Kong  and  other 
Commonwealth  jurisdictions  to  serve  on  a  case-by-case  basis. 

Beneath  the  Court  of  Final  Appeal  is  the  High  Court,  composed  of  the  Court  of 
Appeal  and  the  Court  of  First  Instance.  Lower  judicial  bodies  include  the  district 
court  (which  has  limited  jurisdiction  in  civil  and  criminal  matters),  the  magistracy 
(exercising  jurisdiction  over  a  wide  range  of  criminal  offenses),  the  coroners  court, 
the  juvenue  court,  the  lands  tribunal,  the  labor  tribunal,  the  small  claims  tribunal, 
and  the  obscene  articles  tribunal. 

According  to  the  Basic  Law,  the  Hong  Kong  courts  have  "no  jurisdiction  over  acts 
of  state  sucn  as  defense  and  foreign  affairs."  The  Basic  Law  also  vests  in  the  Stand- 


745 

ing  Committee  of  the  National  People's  Congress  the  power  to  interpret  the  Basic 
Law  on  matters  that  are  the  "responsibility  of  the  Central  People's  Government  or 
concern  the  relationship  between  the  central  authorities  and  tne  Special  Adminis- 
trative Region."  If  broadly  applied  and  loosely  interpreted,  these  exceptions  to  the 
Court  of  Final  Appeal's  power  of  final  jurisdiction  could  be  used  to  limit  the  inde- 
pendence of  the  judiciary.  No  such  limitations  have  occurred. 

The  law  provides  for  the  right  to  a  fair  public  trial,  and  this  is  respected  in  prac- 
tice. Trial  is  by  jury. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitraiy  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The  law 
provides  for  the  right  of  privacy,  and  the  Government  generally  respects  this  right 
in  practice.  For  more  than  20  years,  the  Independent  Commission  Against  Corrup- 
tion was  vested  with  powers,  including  the  right  to  authorize  searches  and  detain 
suspects,  that  are  normally  exercised  only  by  a  judicial  officer.  Amendments  to  ordi- 
nances governing  the  Commission  were  enacted  in  July  1996  and  took  effect  on 
June  20,  depriving  the  Commission  of  the  independent  authority  to  issue  arrest  or 
search  warrants  (it  must  now  go  to  the  courts).  However,  it  still  does  not  apply  the 
presumption  of  innocence  in  corruption  cases,  and  criminal  convictions  are  obtained 
by  regarding  any  excessive,  unexplainable  assets  held  by  civil  servants  as  ill-gotten 
until  proven  otherwise. 

In  December  1996,  the  Government  established  a  privacy  commission  under  the 
Personal  Data  (Privacy)  Ordinance  to  prevent  misuse  and  disclosure  of  data  such 
as  medical  and  credit  records.  By  May  9,  the  commission  had  received  3,800  inquir- 
ies and  70  complaints.  In  August  the  commission  proposed  a  code  to  prevent  banks 
and  other  companies  from  keeping  photocopies  of  customers'  identity  cards.  A  new 
clause  in  the  ordinance  also  prohibited  matching  sets  of  personal  data  without  the 
consent  of  the  subject  individual  or  the  commissioner,  although  some  government 
departments  were  exempt  in  order  to  combat  social  welfare  abuse  and  tax  evasion. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Hong  Kong  has  a  tradition  of  free  speech  and 
of  a  free  press,  and  there  was  little  apparent  change  in  these  freedoms  ailer  rever- 
sion. However,  some  journalists  practiced  self-censorship  for  fear  of  running  afoul 
of  the  new  authorities.  People  continued  to  speak  freely  to  the  media.  Political  de- 
bate remained  vigorous.  Numerous  viewpoints,  including  stories  and  opinions  criti- 
cal of  the  Hong  Kong  and  Chinese  Governments,  were  aired  in  the  mass  media,  in 
fmblic  forums,  and  by  political  groups.  International  media  organizations  operated 
reely.  Hong  Kong's  16  major  daily  newspapers,  2  commercial  television  stations, 
and  2  commercial  radio  stations  functioned  with  virtually  no  government  control. 
There  were  no  special  visas  needed  for  foreign  reporters  to  work  in  Hong  Kong,  and 
no  government-issued  press  cards. 

Tlie  media  continued  to  operate  as  they  had  earlier.  Newspapers  published  with- 
out obvious  reprisals.  There  was  neither  a  sharp  increase  nor  decrease  of  critical 
coverage.  Some  stories  that  were  sensitive  for  China,  such  as  a  bombing  in  Xinjiang, 
were  first  reported  in  the  Hong  Kong  newspapers.  However,  China  continued  to  re- 
quire ioumalists — both  foreign  and  those  from  Hong  Kong — to  apply  for  permission 
to  make  reporting  trips  to  the  mainland.  Those  wno  bypassed  official  channels — 
which  many  felt  they  must  do  to  get  the  stories  they  wanted — ran  a  risk  of  violating 
Chinese  regulations.  At  least  one  Hong  Kong  publication,  Apple  Daily  (whose  owner, 
Jimmy  Lai,  offended  China's  leadership  several  years  ago)  subsequently  was  unable 
to  get  official  permission  for  his  reporters  to  cover  events  on  the  mainland.  Lai  also 
ran  into  problems  in  arranging  for  an  initial  public  offering  of  stock  in  his  compa- 
nies. Investment  banks  and  brokerage  firms,  wary  of  offending  Beijing,  reportedly 
refused  to  handle  Lai's  stock  fioatation.  For  the  most  part,  however.  Hong  Kong  re- 

¥orters  continued  to  enter  China  to  cover  sensitive  stories  related  to  Hong  Kong, 
aiwan,  or  the  mainland. 

The  Basic  Law  provides  for  freedom  of  speech,  of  the  press,  and  of  publication, 
but  it  also  directs  Hong  Kong  to  pass  laws  prohibiting  "treason,  secession,  sedition, 
subversion  against  the  Central  People's  (jovemment,  or  theft  of  state  secrets."  The 
Hong  Kong  administration  has  said  it  does  not  plan  to  submit  proposals  for  such 
legislation  until  after  the  election  of  a  new  legislature  next  year.  On  October  10, 
which  was  National  Day  in  China  before  1949  and  continues  to  be  observed  in  Tai- 
wan, police  removed  fiags  of  the  pre-1949  Chinese  government  (still  used  by  the 
Taiwan  authorities)  that  appeared  in  public  places,  and  the  Chief  Executive  warned 
that  laws  would  be  enactea  making  it  a  crime  to  advocate  Taiwanese  or  Tibetan 
independence.  Hong  Kong  observations  of  the  October  10  National  Day  were  allowed 
and  were  held  without  incident.  Stories  about  removal  of  the  fiags,  as  well  as  photos 
of  flags  that  were  not  removed,  ran  prominently  in  the  media.  Shortly  after  rever- 


746 

sion,  the  Hong  Kong  Journalists  Association  criticized  the  Government  for  giving 
China  Central  Television  favorable  treatment  in  covering  handover  events  and  spe- 
cial access  to  the  Chief  Executive's  early  official  appearances. 

Some  polls  suggest  that  both  journalists  and  the  public  believed  that  there  was 
self-censorship:  Over  one-third  of  journalists  interviewed  in  May  said  that  they 
practiced  sell-censorship  in  muting  criticism  of  China  or  large  Hong  Kong  compa- 
nies. According  to  a  September  poll,  nearly  half  the  public  thought  that  the  media 
practiced  self-censorship,  and  two-thirds  believed  that  the  media  were  reluctant  to 
criticize  China.  However,  it  was  difficult  to  verify  specific  instances  in  which  self- 
censorship  killed  a  story.  The  pressures  on  journalists  were  subtle — there  were  no 
direct  orders  to  refrain  from  writing,  but  there  was  a  wide  perception  of  a  need  for 
special  care  toward  topics  of  particular  sensitivity  to  China:  Leadership  dynamics, 
military  activity,  or  advocacy  of  Taiwanese  or  Tibetan  independence.  Chinese-lan- 
guage journalists  reported  a  pervasive,  if  tacit,  understanding  that  editors  expected 
tnose  reporting  on  China  to  be  particularly  certain  of  their  facts  and  careful  in  their 
wording.  Another  source  of  pressure  came  from  the  belief  by  some  publishers  and 
editors  that  advertising  revenues  could  suffer  if  they  were  seen  to  be  too  antagonis- 
tic to  China  in  their  editorial  judgments.  In  spite  of  censorship  concerns,  the  film 
"Gate  of  Heavenly  Peace,"  banned  in  China  because  of  its  graphic  and  critical  cov- 
erage of  the  Tiananmen  incident,  continued  to  play  in  Hong  Kong  after  June. 

In  1994  Ming  Pao  journalist  and  Chinese  national  Xi  Yang  was  taken  into  custody 
in  China  for  reporting  economic  data  that  China  deemed  state  secrets.  His  arrest 
was  widely  cited  as  having  had  a  chilling  effect  on  Hong  Kong  media.  He  was  re- 
leased from  prison  in  February,  9  years  oefore  the  end  of  his  sentence.  The  next 
day,  Ming  Pao  ran  an  editorial  thanking  China  for  showing  "leniency"  and  added 
that  Xi  Yang's  release  "has  dispelled  misgivings."  However,  local  newspapers  re- 
ported that  after  a  document  leaked  from  tne  15th  Chinese  Communist  Party  Con- 
gress in  September,  two  Beijing  correspondents  for  Hong  Kong  newspapers  were  de- 
tained. One,  a  Hong  Kong  resident  reporting  for  Ming  Pao  was  reportedly  held  for 
2  days,  and  the  other,  a  mainland  resident  with  Ta  Kung  Pao,  for  2  months.  The 
stories  were  not  confirmed  by  the  reporters'  employers.  However,  journalists  ex- 
pressed concern  about  continuing  control  of  Hong  Kong-affiliated  reporters  working 
on  the  mainland,  and  about  Hong  Kong  self-censorship  in  reporting  on  the  Septem- 
ber incident. 

In  1995  the  Government  introduced  a  code  on  access  to  information  to  govern  the 
provision  of  information  by  government  agencies.  The  code  was  extended  to  the  en- 
tire Government  in  December  1996.  It  specifies  what  information  must  be  made 
available  routinely  to  the  public  and  provides  rules  for  dealing  with  requests  for  ac- 
cess to  government  information.  Previously,  no  laws  existed  to  clarify  wnat  informa- 
tion would  be  made  available.  The  code  requires  that  government  departments  re- 
lease information  to  the  public  unless  there  is  a  valid  reason  to  withhold  it.  A  de- 
partment may  withhold  "sensitive"  information  in  such  areas  as  defense,  security, 
external  affairs,  or  law  enforcement.  Guidelines  for  access  to  information  are  pro- 
vided to  the  public  on  an  Internet  web  page. 

Delays  in  screening  three  commercial  films  critical  of  China  led  some  observers 
to  cite  the  local  movie  industry  for  cultural  self-censorship — a  charge  the  industry 
denied.  A  distributor  said  on  December  3  that  the  film  "Red  Corner  would  play  in 
February  or  March  1998,  and  the  Motion  Picture  Industry  Association,  stressing 
that  decisions  were  made  on  a  commercial  basis,  stated  that  distributors  were  also 
making  bids  to  bring  in  "Seven  Years  in  Tibet"  and  "Kundun"  by  March.  Secretary 
for  Broadcasting,  Culture,  and  Sport  Brian  Chau  stated  in  October  that  there  was 
nothing  to  prevent  these  movies  from  being  shown  in  Hong  Kong. 

The  Government  respects  academic  freedom.  There  is  a  wide  range  of  opinions  in 
lively  debate  on  campuses,  and  the  issue  of  academic  freedom  has  not  generally 
caused  much  public  comment.  Prior  to  reversion.  Professor  Nihal  Jayawickrama, 
chairman  of  the  Hong  Kong  section  of  the  International  Commission  of  Jurists  and 
an  eminent  authority  on  human  rights  law,  applied  to  extend  his  appointment  at 
Hong  Kong  University  beyond  retirement  age  but  his  request  was  rejected.  Some 
persons  suggested  that  Jayawickrama  was  denied  because  of  his  political  activism. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Freedom  of  assembly  and  of 
association  are  practiced  without  significant  hindrance. 

In  March  unaer  a  provision  of  the  Basic  Law,  the  Standing  Committee  of  the  Na- 
tional People's  Congress  made  a  determination  as  to  which  existing  Hong  Kong  laws 
were  contrary  to  the  Basic  Law  and  would  not  apply  after  July  1.  Its  move  to  alter 
the  1991  Bill  of  Rights  Ordinance  and  scrap  recently  liberalized  laws  on  demonstra- 
tions and  political  parties  caused  an  outcry.  After  public  consultations,  the  Chief  Ex- 
ecutive-designate announced  proposals  for  amending  the  ordinances  concerned  in  a 
manner  less  restrictive  than  in  initial  plans  or  older  colonial  laws.  The  Public  Order 


747 

Ordinance  reintroduced  licensing  for  demonstrations  and  empowered  the  police  to 
raise  objections  on  national  security  grounds,  but  in  practice  it  resembled  a  notifica- 
tion system.  The  Societies  Ordinance  reintroduced  registration  of  jparties  and 
banned  ties  between  them  and  foreign  political  groups.  Critics  acknowledged  the  im- 
provement on  earlier  plans  but  attacked  the  ban  on  foreign  funding  of  political  par- 
ties and  the  inclusion  of  national  security  grounds  for  prohibiting  demonstrations 
or  parties.  They  also  faulted  changes  in  the  Bill  of  Rights  Law  stripping  it  of  its 
overriding  status  in  jurisprudence,  although  lawyers  noted  that  it  and  the  common 
law  would  still  protect  civil  rights. 

Many  persons  feared  that  the  Government  mi^t  use  the  Public  Order  Ordinance 
to  curtail  freedom  of  assembly.  However,  demonstrations  continued  to  take  place 
regularly  after  July  1.  The  night  of  the  handover,  the  Democratic  Party  organized 
a  speech  from  the  balcony  of  the  legislative  council  building,  and  nobody  was  de- 
tained. The  Government  noted  on  September  15  that  150  demonstrations  had  oc- 
curred since  reversion,  averaging  2  a  day,  without  any  arrests.  There  was  some 
scuffling  with  police  and  five  demonstrators  were  arrested  during  World  Bank  meet- 
ings on  September  22.  Some  Hong  Kong  activists  note  that  police  personnel  some- 
times outnumber  demonstrators  at  a  demonstration.  However,  residents  continued 
to  exercise  their  right  of  assembly. 

Many  persons  also  feared  that  the  Government  would  use  the  Societies  Ordinance 
to  restrict  political  activity  by  forcing  parties  to  sever  ties  with  political  groups 
abroad  or  curtailing  activities  of  nongovernmental  organizations  (NGO's).  In  turn. 
Chief  Executive  Tung  expressed  concern  lest  Hong  Kong  be  used  by  foreign  groups 
as  a  base  of  subversion  against  China.  After  the  handover,  however,  the  Govern- 
ment took  no  action  to  restrict  the  operations  of  parties,  other  political  organiza- 
tions, or  NGO's.  Freedom  of  association  continues. 

However,  Democratic  Party  officials,  independent  politicians,  and  human  rights 
advocates  continued  to  be  concerned  tnat  restrictions  in  the  revised  statutes  could 
later  be  used  to  curtail  freedom  of  assembly  and  association,  particularly  in  dealing 
with  critics  of  the  Government  or  of  China. 

Tlie  Basic  Law  provides  that  Hong  Kong  shall  enact  laws  on  its  own  to  prohibit 
subversion,  secession,  treason,  and  sedition  against  the  Chinese  government.  In  No- 
vember 1996,  the  Government  introduced  an  amendment  to  the  Crime  Ordinance 
addressing  these  infractions.  China  objected  because  it  had  not  agreed  to  the  lan- 
guage, adding  that  the  new  government,  not  the  pre-handover  government,  should 
enact  the  new  provisions.  The  outgoing  Legislative  Council  on  June  23  defeated 
crime  ordinance  provisions  on  subversion  and  sedition,  but  on  June  24  passed  lan- 
guage on  treason.  The  Chief  Executive-designate  said  that  the  new  ^vemment 
would  not  accept  the  legislation,  and  that  the  potentially  controversial  task  of 
amending  the  Crime  Ordinance  to  comply  with  the  Basic  Law  would  fall  to  the  Leg- 
islative Council  elected  in  May  1998. 

c.  Freedom  of  Religion. — The  Bill  of  Rights  Ordinance  prohibits  religious  discrimi- 
nation. Following  the  handover,  the  Basic  Law  provides  that  the  Government  re- 
spect religious  freedom  and  activities.  Government  policy  and  general  practice  en- 
sure freedom  of  religion.  The  Chief  Executive  has  pledged  that  the  Government 
would  restrict  neither  religious  belief  nor  religious  social  and  educational  activities. 

Some  religious  leaders  noted  that  the  Basic  Law,  which  calls  for  ties  between 
Hong  Kong  and  mainland  religious  organizations  to  be  based  on  "nonsubordination, 
noninterference  and  mutual  respect,"  could  be  used  to  limit  such  contacts.  Following 
a  visit  to  China  in  June,  local  Catholic  leaders  expressed  increased  confidence  in  the 
situation  in  Hong  Kong  and  hoped  for  closer  ties  with  the  church  on  the  mainland. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  is  freedom  of  movement  within  Hong  Kong,  and  travel  docu- 
ments are  freelv  and  easily  obtained.  The  Special  Administrative  Region  passport 
became  Hong  Kong's  ofiicial  passport  on  July  1.  Demand  for  the  passport  far  out- 
strips the  Government's  output,  but  every  effort  is  made  to  fill  applications  for  pass- 

Sorts  for  emergency  travel  and  priority  is  given  to  applicants  whose  previous  travel 
ocuments  have  expired.  Present  production  is  2,000  passports  a  day.  The  British 
National  Overseas  passport  is  still  valid.  However,  tne  British  Dependent  Terri- 
tories Citizen  passport  ceased  to  be  valid  on  June  30.  Those  holding  that  document 
were  advised  to  apply  for  British  National  Overseas  Passports  before  July  1.  Indi- 
viduals eligible  to  receive  the  British  document  but  who  missed  the  deadline  and 
are  Chinese  nationals  with  the  right  of  abode  in  Hong  Kong  may  apply  for  the  Hong 
Kong  Special  Administrative  Region  passport. 

Persons  from  Taiwan  must  apply  to  Hong  Kong  immigration  through  specified  air- 
lines for  an  entry  permit  valid  for  1  year  or  3  years.  Those  persons  from  Taiwan 
but  residing  elsewhere  must  secure  a  declaration  of  identity  issued  by  a  notary  pub- 
lic or  apply  to  a  Chinese  diplomatic  or  consular  mission  for  a  Chinese  travel  f)ermit; 


748 

Chinese  missions  issue  visas  to  those  with  either  of  these  documents.  Procedures 
are  the  same  for  official  and  nonoflicial  travelers  from  Taiwan.  As  was  the  case  be- 
fore July  1,  the  Taiwan  passport  is  not  recognized  as  valid  for  visa  endorsement 
purposes. 

Chinese  authorities  do  not  permit  a  number  of  Hong  Kong  human  rights  activists 
to  visit  the  mainland.  A  well-known  Chines<e  labor  oreanizer  and  political  dissident, 
Han  Dongfang,  remains  in  Hong  Kong.  The  Chinese  Gk)vemment  continues  to  refuse 
him  entry  into  China  as  it  has  ever  since  his  expulsion  from  China  in  1993. 

On  July  9,  the  Provisional  Legislature  passed  a  bill  requiring  mainland-bom  chil- 
dren claiming  the  right  of  abode  through  their  parentage  to  obtain  prior  endorse- 
ment by  China.  About  2,000  minors  in  this  category  were  already  in  Hong  Kong; 
an  estimated  66,000  remained  in  China.  Human  rights  activists  claimed  that  the 
statute  violated  the  Bill  of  Rights  Ordinance  and  the  Basic  Law.  The  Government 
responded  that  the  issue  was  at  the  heart  of  Hong  Kong's  immigration  policy  and 
orderly  admission  program,  and  that  the  Basic  Law  gives  China  the  duty  of  screen- 
ing all  mainland  Chinese  admitted  to  Hong  Kong.  The  High  Court  found  for  the 
Government  on  October  9;  further  appeal  is  expected. 

Hong  Kong  has  never  refused  first  asylum  to  Vietnamese  boat  people.  Prior  to 
June  1988,  refugee  status  was  automatically  accorded  them.  Since  then  asylum 
seekers  have  been  screened  to  determine  their  status  and  held  in  detention  centers 
awaiting  resettlement  in  other  countries  or  repatriation  to  Vietnam.  From  October 

1996  to  September  1997,  6,225  persons  were  voluntarily  repatriated  to  Vietnam 
through  the  auspices  of  the  United  Nations  High  Commissioner  for  Refugees.  There 
were  4,887  people  repatriated  under  the  (involuntary)  Orderly  Return  Program  from 
October  1996  to  September  1997. 

Some  2,350  Vietnamese  remained  in  Hong  Kong  camps  in  October  1,300  were 
screened-in  as  refugees  who,  mostly  for  reasons  of  nealth  or  criminal  acts,  had  not 
been  resettled.  Over  1,000  are  Vietnamese  illegal  migrants  who  are  not  screened- 
in  and  thus  awaiting  repatriation. 

There  are  also  2&B  Vietnamese  illegal  migrants  who  were  formerly  in  China  in 
Hong  Kong.  Ten  of  them  sued  against  their  detention;  on  September  26,  a  Hong 
Kong  judge  ruled  in  their  favor.  Another  court  ruling  on  October  15  freed  the  other 
278.  Their  future  is  uncertain  because  the  Government  wants  to  repatriate  them  to 
the  mainland,  but  China  has  said  it  would  not  take  them  back.  The  number  of  ille- 
gal mainland  Chinese  immigrants  has  been  estimated  to  be  at  least  15,000.  During 

1997  the  Government  returned  illegal  Chinese  immigrants  to  China  at  the  rate  of 
54  per  day.  Only  rarely,  when  a  person  qualifies  as  a  refugee  under  the  inter- 
national agreement  on  the  status  of  refugees,  is  permission  to  remain  in  Hong  Kong 
granted. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Although  the  prehandover  Government  moved  to  democratize  district  and  munici- 
pal boards  and  the  Legislative  Council,  residents  did  not  have  the  right  to  change 
the  government.  Residents  ability  to  exercise  this  right  remained  limited  after  the 
handover.  In  the  prehandover  Government  the  governor  was  appointed  by  and 
served  at  the  pleasure  of  the  British  Crown.  He  was  advised  on  policy  by  an  Execu- 
tive Council,  which  he  appointed.  Until  1985  the  Legislative  Council  was  also  an 
advisory  body  whose  memoers  were  either  appointed  oy  the  Governor  or  served  in 
their  capacity  as  senior  civil  servants.  Hong  Kong  remains  a  free  society  with  most 
individual  freedoms  and  rights  protected  by  law  and  custom. 

The  Legislative  Council  enacted  and  funded  legislation  and  also  debated  policy 
and  questioned  the  administration.  Although  the  Legislative  Council's  power  to  ini- 
tiate legislation  was  limited  (all  bills  with  budgetary  implications  had  to  be  ap- 
proved by  the  Government  before  introduction),  it  became  increasingly  assertive. 
The  Governor  had  ultimate  control  of  the  administration  of  Hong  Kong  but,  by  con- 
vention, rarely  exercised  his  full  powers.  In  practice,  decisions  were  reached  by  con- 
sensus. Political  parties  and  independent  candidates  were  free  to  contest  seats  in 
free  and  fair  elections.  Representative  government  employing  universal  franchise  ex- 
isted at  the  local  district  board  level. 

China  opposed  the  Hong  Kong  Government's  1994-95  election  reforms,  through 
which  all  aistrict  and  municipal  board  members  were  chosen  by  direct  elections,  and 
all  seats  in  the  Legislative  Council  were  chosen  by  direct  or  indirect  balloting.  Cit- 
ing Britain's  unilateral  decision  on  the  reforms,  China  said  that  the  Legislative 
Council  would  "terminate"  on  June  30,  along  with  the  district  and  municipalboards. 
In  March  1996,  China's  Preparatory  Committee  said  that  a  provisional  legislature 
would  be  formed  to  serve  for  up  to  1  year  after  reversion  until  a  new  legislature 
could  be  elected.  In  December  1996,  a  selection  committee  of  400  named  C.  H.  Tung 


749 

as  Chief  Executive  and  chose  a  60-seat  provisional  legislature,  including  33  of  34 
sitting  lawmakers  who  sought  inclusion.  Hong  Kong's  Democratic  Party,  which  de- 
clined to  seek  seats  in  what  it  deemed  an  illegitimate  body,  believed  that  the  proc- 
ess did  not  have  a  legal  foundation,  lacked  transparency,  was  not  based  on  a  free 
and  fair  election,  and  excluded  groups,  parties,  and  individuals  critical  of  China. 

In  April  the  Provisional  Legislature  began  working  across  the  border  in  Shenzhen. 
The  Preparatory  Committee  and  Chief  Executive-designate  directed  it  to  focus  on 
urgent  transition  business:  To  organize  1998  legislative  elections,  determine  nation- 
ality and  right  of  abode,  and  enact  the  new  versions  of  laws  voided  by  the  Standing 
Committee  of  the  National  People's  Congress  (Societies  and  Public  Order  statutes). 
The  period  from  April  to  June  saw  much  political  tension  and  legal  uncertainty  as 
the  Legislative  Council,  the  Provisional  Legislature,  the  prehandover  government, 
and  the  Chief  Executive-designate's  ofiice  contested  these  issues,  as  well  as  legisla- 
tion concerning  labor,  subversion,  secession,  and  treason. 

The  Legislative  Council  was  dissolved  at  midnight  on  June  30.  The  Provisional 
Legislature,  sworn  in  shortly  after  midnight,  passed  an  Omnibus  Reunification  Or- 
dinance before  dawn  on  July  1  to  enact  new  laws  that  it  had  drafted  and  passed 
earlier  and  to  provide  for  administrative  and  legal  continuity.  Court  cases  chal- 
lenged the  constitutionality  of  the  Provisional  Legislature  and  the  validity  of  its 
laws,  but  the  High  Court  on  July  23  upheld  the  new  government's  position  that  the 
legislature  and  laws  were  valid.  The  Court  of  Final  Appeal  is  also  expected  to  rule 
on  the  case. 

The  Chief  Executive  pledged  to  hold  elections  in  May  1998  for  a  new  legislative 
council,  and  the  Provisional  Legislature  in  September  passed  a  bill  based  on  govern- 
ment proposals.  As  in  1995,  20  seats  are  to  come  from  geographic  districts  through 
universal  suffrage,  30  from  functional  (occupational)  constituencies,  and  10  from 
votes  by  a  committee  of  local  elected  officials.  Hong  Kong's  Democratic  Party  and 
independents  criticized  the  bill  for  replacing  the  1995  single-vote,  single-seat  system 
for  geographic  seats  with  a  proportional  system  which  they  claim  will  cut  down  on 
the  number  of  their  members  elected  and  help  smaller,  pro-China  parties  win  seats 
in  the  geographic  constituencies.  They  also  criticized  the  replacement  of  nine  broad 
1995  functional  constituencies  with  more  narrowly  drawn  groups  akin  to  pre-1995 
groups,  cutting  the  total  number  of  potential  voters  in  functional  constituencies  from 
2.7  million  to  180,000.  However,  the  Chief  Executive's  appointment  in  September 
of  an  electoral  affairs  commission  to  supervise  the  elections  was  well  received;  two 
of  the  three  nominees,  including  a  distinguished  jurist  as  chair,  had  served  on  the 
Election  and  Boundary  Commission  for  the  previous  government.  Similarly,  there 
was  general  acceptance  of  the  electoral  districts  proposed  in  October  by  the  (Commis- 
sion. The  Constitutional  Affairs  Bureau  prepared  for  May  elections  and  initiated  a 
campaign  to  increase  voter  turnout,  which  had  been  just  below  1  million  in  Septem- 
ber 1995,  well  below  the  more  than  4  million  potential  voters.  Under  this  system, 
and  in  the  current  circumstances,  it  is  unlikely  that  any  single  party  could  win  con- 
trol of  the  legislature  through  the  electoral  process. 

The  Basic  Law  provides  for  elections  for  chief  executive  in  2002  and  2007,  by  a 
"broadly  representative  election  committee"  of  800  local  residents  appointed  by 
China.  The  Basic  Law  also  permits  amendment  of  the  chief  executive  selection  proc- 
ess after  2007  by  a  two-thirds  majority  of  the  Legislative  Council,  with  the  consent 
of  the  Chief  Executive  and  the  Standing  Committee  of  the  National  People's  Con- 
gress, with  a  goal  of  universal  suffrage. 

The  prehandover  (Government  continued  efforts  to  place  local  persons  in  senior 
government  positions  and  fulfilled  its  commitment  to  fill  all  "principal  official"  posts 
with  local  officers  by  1997.  All  23  principal  officer  posts  (Chief  Secretary,  Financial 
Secretary,  Secretary  for  Justice,  15  branch  secretaries,  Commissioner  of  the  Inde- 

gendent  C!ommission  against  Corruption,  Director  of  Audit,  Commissioner  of  Police, 
lirector  of  Immigration,  and  Commissioner  of  Customs  and  Excise)  are  now  filled 
by  local  officers.  The  last  expatriate  principal  officer  (Attorney  General)  was  re- 
placed by  a  local  resident  on  July  1.  All  other  principal  officers  continued  in  their 
positions  through  July  1.  As  of  July  1,  82  percent  of^  the  top  directorate-level  jobs 
and  93  percent  of  administrative  and  other  senior  management  positions  were  filled 
by  local  staff. 

Nevertheless,  expatriates  remain  in  key  positions  in  the  Legal  Department  and 
the  judiciary;  at  the  same  time,  76  percent  of  the  government  counsel  positions  and 
83  percent  of  the  police  positions  (police  inspector  and  above)  are  filled  by  local  offi- 
cers. 

Women  are  playing  a  larger  role  in  politics,  with  larger  numbers  running  for  pub- 
lic office  in  1996  and  1997  than  ever  before.  In  early  1997,  women  constituted  12 
percent  of  the  Legislative  Council;  they  make  up  15  percent  of  the  Provisional  Legis- 


750 

lature.  Women  account  for  25  percent  of  the  top  government  directorate-level  posts, 
and  46  percent  of  government  administrative  omcers. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Until  reversion,  the  international  covenants  on  civil  and  political  rights,  and  on 
economic,  social,  and  cultural  rights  applied,  with  certain  restrictions,  to  Hong  Kong 
through  the  United  Kingdom.  The  Basic  Law  provides  that  these  covenants  continue 
to  apply  to  Hong  Kong.  China  stated  in  October  1996  that  it  did  not  consider  itself 
obligated  to  file  reports  to  the  United  Nations  on  implementation  of  the  agreements 
in  Hong  Kong  because  China  is  not  a  signatory.  However,  on  October  27,  1997, 
China  signed  the  Covenant  on  Economic,  Social  and  Cultural  Rights;  and,  on  No- 
vember 22,  China  announced  that  it  would  submit  reports  under  both  Covenants  to 
the  United  Nations  under  the  principle  of  "one  country,  two  systems."  Procedures 
for  preparation  and  submission  of  the  required  reports  are  unclear.  Hong  Kong  resi- 
dents have  expressed  interest  in  participating  in  the  drafting  process  and  have  ex- 
pressed concern  about  the  possible  role  of  the  National  People's  Congress  in  the 
process. 

The  Convention  on  the  Elimination  of  all  forms  of  Discrimination  Against  Women 
was  extended  to  Hong  Kong  in  October;  Hong  Kong  and  China  have  agreed  on  re- 
porting under  both  this  convention  and  the  Convention  on  the  Elimination  of  All 
Forms  of  Racial  Discrimination. 

Dozens  of  local  and  international  NGO's  operated  freely  in  Hong  Kong  before  re- 
version, and,  despite  earlier  concerns  about  possible  restrictions  under  the  revised 
Societies  Ordinance,  continued  to  operate  without  hindrance  after  the  handover. 
These  organizations  have  thriving  contacts  with  the  Hong  Kong  community  and 
with  groups  overseas.  Government  officials  are  cooperative  and  responsive  to  their 
views.  In  September  China  denied  accreditation  to  attend  the  World  Bank  meeting 
in  Hong  Kong  to  two  international  human  rights  organizations  that  had  been  criti- 
cal of  its  human  rights  record. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

After  the  passage  of  laws  in  1995  banning  discrimination  on  the  basis  of  sex  and 
disability,  an  Equal  Opportunities  Commission  was  established.  The  Commission 
began  its  oversight  of  nonemployment  and  employment-related  provisions  in  1996. 
Women's  groups  and  others  have  criticized  the  Commission  for  passivity  in  combat- 
ing discrimination  and  for  emphasizing  conciliation  instead  of  acting  as  a  watchdog 
or  pursuing  court  cases.  However,  the  Government  has  begun  to  bring  cases  against 
discriminatory  employment  advertisements. 

On  June  26,  the  Legislative  Council  enacted  the  Family  Status  Discrimination  Or- 
dinance, which  protects  people  whose  marital  status  changes,  who  have  children,  or 
who  are  responsible  for  caring  for  another  family  member,  such  as  a  child  or  elderly 
person;  enforcement  began  in  November.  However,  the  Legislative  Council  voted 
down  bills  banning  discrimination  on  grounds  of  age,  race,  and  sexual  orientation — 
the  second  time  such  legislation  has  been  defeated  since  1995. 

Chinese  has  equal  status  with  English  in  most  government  operations  but  not  in 
judicial  proceedings,  where  almost  all  civil  cases  and  most  criminal  cases  are  heard 
in  English.  To  help  remedy  this,  the  Government  has  increased  the  number  of  offi- 
cers in  the  Legal  Aid  Department  proficient  in  Chinese  from  3  (of  9)  to  10  (of  11). 
A  1996  pilot  scheme  for  simultaneous  interpretation  in  some  court  proceedings 
failed,  but  the  Government  extended  the  use  oi  bilingual  prosecution  documents  and 
indictments.  All  laws  were  translated  into  Chinese  by  the  time  of  the  handover,  and 
the  High  Court  in  August  heard  the  first  jury  trial  ever  conducted  in  Cantonese. 
By  September  30,  about  180  law  clerks  and  legal  aid  counsel  had  attended  Chinese 
writing  courses;  training  has  also  stressed  advocacy  in  Chinese.  According  to  the 
Basic  Law,  English  may  be  used  as  an  official  language  by  the  executive  authorities, 
legislature,  ana  judiciary. 

Women. — Violence  against  women  remains  a  significant  problem.  The  only  law  to 
protect  battered  women  is  the  1987  Domestic  Violence  Ordinance,  which  allows  a 
woman  to  seek  a  3-month  injunction  against  her  husband  (extendible  to  6  months). 
Domestic  violence  may  also  be  prosecuted  as  common  assault.  The  Government  en- 
forces the  laws  and  prosecutes  violators.  It  also  funds  programs  such  as  family  life 
education  counseling,  a  hot  line  service,  temporary  housing,  legal  aid,  and  chilcl  pro- 
tective services. 

Many  women  do  not  seek  help  when  subjected  to  violence;  it  goes  unreported  be- 
cause of  cultural  factors  and  inadequate  information  about  available  assistance  and 
resources.  To  address  this,  the  Government  set  up  a  working  group  on  battered 


751 

spouses  in  1995;  crafted  multidisciplinary  procedural  guidelines  on  handling  bat- 
tered spouse  cases  in  1996;  and  initiated  public  education  and  media  programs.  A 
statistical  information  system  began  in  April  to  collect  data  on  battered  spouse  cases 
from  concerned  departments  and  NGO's.  Women's  action  groups  continue  to  urge 
better  legal  protection  for  battered  wives.  A  total  of  334  new  battered  spouse  cases 
were  handled  by  the  Social  Welfare  Department  and  NGO's  in  1996. 

The  general  incidence  of  rape  is  low.  There  were  100  cases  in  1994,  103  in  1995, 
86  in  1996,  and  56  from  January  to  September. 

Women  have  faced  significant  discrimination  in  employment,  salary,  welfare,  in- 
heritance, and  promotion  (see  Section  6.e.).  An  October  survey  found  that  although 
most  employers  no  longer  specify  sex  in  recruitment  advertising,  they  often  reject 
applicants  of  both  sexes  based  on  job  stereotypes.  According  to  government  statistics 
for  1996,  unemployment  in  all  age  groups  among  female  workers  was  lower  than 
for  male  workers.  As  a  result  of  1994  revisions  to  traditional  inheritance  statutes, 
the  law  treats  men  and  women  equally  in  inheritance  matters. 

During  1991-95,  the  number  of  female  secondary  student  candidates  who  took 
university  advanced-level  examinations  accounted  for  between  51  and  55  percent  of 
the  total,  and  the  number  of  female  candidates  who  matriculated  at  universities  ac- 
counted for  between  52  and  56  percent  of  all  matriculating  candidates.  Women  are 
also  entering  fields  such  as  medicine  in  greater  numbers;  at  the  University  of  Hong 
Kong,  the  proportion  of  female  medical  students  in  1996-97  was  41  percent,  up  from 
32  percent  the  year  before,  although  there  continued  to  be  few  women  in  specialties 
like  surgery. 

Children. — The  Government  is  firmly  committed  to  children's  rights  and  welfare 
through  well-fijnded  systems  of  public  education,  medical  care,  and  protective  serv- 
ices. It  supports  programs  for  custody,  protection,  day  care,  foster  care,  shelters, 
small  group  homes,  and  assistance  to  families. 

Child  abuse  and  exploitation  have  not  been  considered  widespread.  However,  the 
Government  said  in  1996  that  the  number  of  child  abuse  cases  had  almost  doubled 
in  2  years.  In  1995  the  police  set  up  a  child  abuse  investigation  unit  to  improve 
treatment  of  victims,  and  legislation  was  passed  making  it  easier  for  abused  chil- 
dren to  testify  in  court.  Legal  penalties  for  mistreatment  or  neglect  of  minors  were 
also  substantially  increased.  In  1996  the  Government  set  up  an  interviewing  suite 
for  recording  statements  in  a  child-friendly  environment  and  adopted  multidisci- 

{)linary  measures  for  child  sexual  abuse  cases.  A  witness  support  program  was  also 
aunched  in  1996  to  help  child  witnesses  in  need.  A  child  witness  information  kit 
in  Chinese,  with  books  explaining  legal  and  court  proceedings  was  published  in 
April  to  help  reduce  anxiety,  and  a  Child  Care  Center  Bill  was  passed  in  May  to 
prevent  unsuitable  persons  from  providing  child  care  services  and  to  facilitate  the 
formation  of  mutual  help  child  care  groups. 

People  With  Disabilities. — Advocacy  groups  claim  that  discrimination  against  the 
physically  and  mentally  disabled  persists  in  employment,  education,  and  the  provi- 
sion of  some  state  services.  Access  to  public  buildings  and  transportation  is  a  prob- 
lem; a  spot  survey  in  1996  found  that  of  20  footbridges,  only  3  had  ramps  on  both 
sides,  and  that  of  100  commercial  buildings,  half  had  inadequate  facilities.  Advo- 
cates have  urged  the  Government  to  do  more  to  encourage  greater  public  acceptance 
of  the  physically  and  mentally  disabled.  The  Government  has  been  responsive,  pur- 
suing programs  to  promote  public  awareness.  The  1995  Antidiscrimination  Law 
called  for  improved  building  access  and  sanctions  against  those  who  discriminate. 
An  amended  buildings  ordinance  in  1997  updated  design  requirements.  In  October 
the  Government  ordered  a  large  shopping  center  to  reinstate  facilities  for  the  dis- 
abled after  inspectors  found  handrails  removed,  a  ramp  blocked,  and  toilets  locked. 
The  Government  has  also  begun  an  integrated  work  extension  program  in  sheltered 
workshops,  increased  funding  for  the  mentally  disabled,  expanded  vocational  assess- 
ment and  training,  and  conducted  education  programs  on  rehabilitation.  There  are 
about  4,600  disabled  persons  employed  as  civil  servants  of  a  total  civil  service  work 
force  of  184,638 — about  2.5  percent;  there  are  approximately  9,000  disabled  persons 
in  school  of  a  total  student  population  of  919,620— just  under  1  percent.  In  1997  the 
Government  started  a  special  university  admission  scheme  for  the  disabled. 

National  / Racial  / Ethnic  Minorities. — Racial,  sex,  and  class  discrimination  against 
Filipino  women,  136,000  of  whom  work  under  contract  in  Hong  Kong,  has  been  the 
focus  of  news  reports.  In  May  the  Asian  Migrants'  Coordinating  Body,  a  newly 
formed  group  representing  Asian  domestic  workers,  sought  assurances  of  continued 
protection  for  foreign  workers'  rights  after  the  handover.  The  Chief  Executive  stated 
that  Filipino  domestic  workers  would  continue  to  be  welcome  members  of  Hong 
Kong's  work  force,  and  no  change  in  their  status  took  place  after  reversion. 


752 

Ethnic  Indians  without  Indian  citizenship  had  been  concerned  about  their  future 
nationality  and  right  of  abode  status;  however,  the  United  Kingdom  decided  to  issue 
British  citizenship  and  passports  to  several  thousand  stateless  Hong  Kong  residents. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  provides  for  the  right  of  association  and  the 
right  of  workers  to  establish  and  join  orcanizations  of  their  own  choosing.  Trade 
unions  must  be  registered  under  the  Trade  Unions  Ordinance.  The  basic  pre- 
condition for  registration  is  a  minimum  of  seven  persons  who  serve  in  the  same  oc- 
cupation. The  Government  does  not  discourage  or  impede  the  formation  of  unions. 
During  1996,  22  new  trade  unions  were  registered.  By  the  end  of  1996,  there  were 
552  trade  unions:  535  employees'  unions  and  17  mixed  organizations  of  employees 
and  employers.  By  year's  end,  over  22  percent  of  Hong  Kong's  3.1  million  salaried 
employees  and  wage  earners  belonged  to  a  labor  organization. 

Work  stoppage  and  strikes  are  permitted.  However,  there  are  some  restrictions 
on  this  right  for  civil  servants.  In  1996  there  were  17  strikes  involving  1,763  woric- 
ers.  Even  though  employees  have  the  freedom  to  strike  and  there  is  no  legislative 
prohibition  of  strikes,  in  practice,  most  workers  must  sign  employment  contracts 
that  typically  state  that  walking  off  the  job  is  a  breach  oi  contract  and  can  lead  to 
summary  dismissal. 

To  date.  Hong  Kong  has  amended  labor  legislation  and  taken  administrative 
measures  to  apply  49  International  Labor  Organization  (ILO)  conventions.  In  the 
Basic  Law,  China  committed  to  adhere  to  these  conventions. 

Labor  unions  may  form  federations  and  confederations.  In  the  past  such  afliliation 
could  not  be  cross-industry  in  scope.  However,  on  October  29,  the  Provisional  Legis- 
lature passed  a  government-proposed  legislative  amendment  lifting  that  prohibition. 

Unions  may  affiliate  with  international  bodies,  although  limitations  exist.  A  bill 
passed  in  the  final  days  of  the  prereversion  legislature  removed  a  long-standing  re- 
quirement that  unions  must  seek  the  Government's  approval  prior  to  aifiliating  with 
foreign  organizations.  However,  the  Provisional  Legislature  on  October  29  passed 
government-proposed  amendments  requiring  unions  to  notify  the  Labor  Depart- 
ment's Registrar  of  Trade  Unions  within  1  month  of  joining  a  foreign  labor  organiza- 
tion and  to  seek  approval  of  the  majority  of  their  voting  members  before  establish- 
ing links  to  foreign  labor  organizations.  The  amendments  also  require  that  a  union 
first  receive  the  approval  of  the  Chief  Executive  before  becoming  a  member  of  a  for- 
eign organization  other  than  those  for  workers,  employers  and  relevant  professional 
organizations.  Finally,  the  amendments  require  that  labor  unions  obtain  the  Chief 
Executive's  approval  to  contribute  or  donate  funds  to  any  trade  union  outside  of 
HongKong  and  prohibit  the  use  of  trade  union  funds  for  political  purposes. 

h.The  night  to  Organize  and  Bargain  Collectively. — The  ILO  Convention  on  the 
Right  to  Organize  and  Bargain  Collectively  has  been  applied  to  Hong  Kong  without 
modification  since  1975.  Labor  union  representatives  in  the  prehandover  legislature 
sought,  shortly  before  the  handover,  to  make  collective  bargaining — not  a  statutory 
requirement  under  the  convention — and  related  practices  in  Hong  Kong  a  right  of 
labor  unions  for  the  first  time,  by  passing  an  ordinance  requiring  that  unions  rep- 
resenting 15  percent  or  more  of  a  company's  total  work  force  in  companies  with  over 
50  employees  have  a  right  to  collective  bargaining  procedures. 

On  October  29,  the  Provisional  Legislature  passed  government-sponsored  legisla- 
tion to  repeal  the  ordinance,  which  it  arcued  was  not  conducive  to  industrial  har- 
mony and  was  hastily  passed  without  adequate  consultation  with  affected  parties. 
The  ILO  has  warned  that  it  would  look  into  any  formal  complaints  lodged  by  union 
members  over  government  actions  to  repeal  or  amend  collective  bargaining  and 
other  labor  laws.  The  International  Confederation  of  Free  Trade  Unions  also  criti- 
cized the  Government's  actions. 

With  the  repeal  of  the  short-lived  collective  bargaining  legislation,  the 
prehandover  framework  continued:  There  were  no  laws  that  stipulated  collective 
bargaining  on  a  mandatory  basis.  Wage  rates  in  a  few  trades  like  tailoring  and  car- 
pentry were  determined  collectively  in  accordance  with  established  trade  practices 
and  customs  rather  than  as  a  statutory  mechanism. 

In  practice,  collective  bargaining  is  not  widely  practiced.  Unions  generally  are  not 
powerful  enough  to  force  management  to  engage  in  collective  bargaining.  The  Gov- 
ernment does  not  encourage  it,  since  the  Government  itself  does  not  engage  in  col- 
lective bargaining  with  civil  servant"  unions  but  merely  "consults"  with  them.  Free 
nonbinding  conciliation  services  are  afforded  by  the  Labor  Relations  Division  of  the 
Department  of  Labor  to  employers  and  employees  involved  in  disputes  that  may  in- 
volve statutory  benefits  ana  protection  in  employment  as  well  as  arrears  of  wages, 
wages  instead  of  notice  or  severance  pay.  The  Department  of  Labor  takes  a  positive 
attitude  towards  the  participation  of  trade  unions  in  such  dispute  negotiations.  In 


753 

1996  the  Labor  Relations  Division  handled  226  trade  disputes  and  22,840  claims, 
more  than  half  of  which  arose  from  termination  of  contract  or  dismissal  cases.  About 
65  percent  of  these  trade  disputes  and  claims  were  settled  through  conciliation  by 
the  Labor  Relations  Division. 

The  Employment  Ordinance  includes  provisions  protecting  against  antiunion  dis- 
crimination. Employees  who  allege  such  discrimination  have  the  right  to  have  their 
cases  heard  by  tne  Department  of  Labor's  Labor  Relations  Division.  Violation  of  the 
antiunion  discrimination  provisions  is  a  criminal  offense  carrying  a  maximum  fine 
of  $2,564.  However,  employers  are  not  required  to  reinstate  or  compensate  employ- 
ees. 

Another  law  passed  by  the  prereversion  legislature  shortly  before  it  was  dis- 
banded sought  to  strengthen  the  antidiscrimination  clauses  within  the  Employment 
Ordinance.  On  October  29,  however,  the  Provisional  Legislature  passed  a  govern- 
ment-proposed bill  to  repeal  the  measure.  The  Government  argued  that  existing  law 
alreatty  offered  adequate  protection  against  unfair  dismissal  arising  from  antiunion 
discrimination. 

Critics  also  point  to  a  lack  of  protection  for  over  164,000  Filipino,  Thai,  Indo- 
nesian, and  other  foreign  national  domestic  workers  who  face  deportation  if  dis- 
missed by  their  employers  and  are  thus  vulnerable  to  abuse. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  use  of  forced  labor  is  prohib- 
ited in  the  Hong  Kong  Bill  of  Rights  Ordinance.  While  this  legislation  does  not  spe- 
cifically prohibit  forced  or  bonded  labor  by  children,  there  are  no  reports  of  such 
practices  in  Hong  Kong. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Em- 
ployment of  Children  Regulations  prohibit  employment  of  children  under  the  age  of 
15  in  any  industrial  establishment.  Children  13  and  14  years  of  age  may  be  em- 
ployed in  certain  nonindustrial  establishments,  subject  to  conditions  aimed  at  ensur- 
ing a  minimum  of  9  years'  education  and  protecting  their  safety,  health,  and  wel- 
fare. In  1996  the  Labor  Department  conducted  115,877  inspections  of  industrial 
workplaces  and  only  5  cases  of  underage  workers  were  discovered.  A  total  of  33,892 
inspections  of  nonindustrial  workplaces  uncovered  only  11  cases  of  child  employ- 
ment. While  provisions  against  forced  or  compulsory  labor  do  not  specifically  refer 
to  children,  such  practices  appear  not  to  exist  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — There  is  no  statutory  minimum  wage  except 
for  foreign  domestic  workers.  As  of  December  1996,  the  minimum  wage  for  such 
workers  is  about  $500  (HK$  3,860)  a  month.  Because  the  law  also  requires  employ- 
ers to  provide  foreign  domestic  workers  with  housing,  worker's  compensation  insur- 
ance, travel  allowances,  and  meals  or  a  meal  allowance  in  addition  to  the  minimum 
wage,  foreign  domestic  workers  have  a  decent  standard  of  living. 

Aside  from  a  small  number  of  trades  where  a  uniform  wage  structure  exists,  wage 
levels  are  customarily  fixed  by  individual  agreement  between  employer  and  em- 
ployee and  are  determined  by  supply  and  demand.  Some  employers  provide  workers 
with  various  kinds  of  allowances,  free  medical  treatment  and  free  subsidized  trans- 
port. 

In  order  to  comply  with  provisions  in  the  Sex  Discrimination  Ordinance,  as  of 
mid-July  provisions  in  the  Women  and  Young  Persons  (Industry)  Regulations  that 
had  prohioited  women  from  joining  dangerous  industrial  trades  and  limited  their 
workmg  hours,  including  compulsory  weekly  rest  days,  were  dropped.  Work  hours 
for  young  people  15  to  17  years  of  age  in  the  manufacturing  sector  remain  limited 
to  8  per  day  and  48  per  week  between  6  a.m.  and  11  p.m.  Overtime  is  prohibited 
for  all  persons  under  the  age  of  18  in  industrial  establishments.  Employment  in 
dangerous  trades  is  prohibited  for  youths  except  in  the  case  of  males  16  to  17  years 
of  age.  The  Labor  Inspectorate  conducts  workplace  inspections  to  enforce  compliance 
with  these  regulations. 

Hong  Kongs  Factory  Inspectorate  Division  was  restructured  in  May  1996  as  part 
of  a  government  effort  to  strengthen  its  safety  and  health  promotion  and  enforce- 
ment program.  The  new  division — part  of  a  new  occupational  safety  and  health 
branch  of  the  Labor  Department — comprises  four  units:  An  operations  division  cov- 
ering field  services  such  as  safety  and  health  advice;  a  support  services  division  re- 
sponsible for  technical  support  services;  a  planning  and  training  division;  and  a 
legal  services  division  charged  with  processing  and  conducting  prosecutions. 

The  Factories  and  Industrial  Undertakings  Ordinance  and  its  27  sets  of  subsidi- 
ary regulations  regulate  safety  and  health  conditions.  The  Labor  Department  con- 
ducted nearly  150,000  inspections  of  industrial  and  nonindustrial  workplaces  in 
1996  as  part  of  its  enforcement  efforts.  In  1996  a  total  of  40,251  industrial  accidents 
were  reported,  of  which  66  were  fatal.  Employers  are  required  under  the  Employee's 
Compensation  Ordinance  to  report  any  mjuries  sustained  by  their  employees  in 


754 

work-related  accidents.  There  is  no  specific  legal  provision  allowing  workers  to  re- 
move themselves  from  dangerous  work  situations  without  jeopardy  to  continued  em- 
ployment. 


TAIWAN 

With  the  popular  election  of  President  Lee  Teng-hui  in  1996,  Taiwan  completed 
its  transition  to  an  open,  democratic  system.  Lee,  who  is  also  the  Chairman  of  the 
Nationalist  Party  (KMT),  appoints  the  Premier,  who  heads  the  Executive  Yuan 
(EY),  or  cabinet.  Constitutional  amendments  adopted  in  July  provided  the  Legisla- 
tive Yuan  (LY)  with  the  authority  to  bring  down  the  Cabinet  with  a  no  confidence 
vote  and  removed  the  previous  power  of  the  LY  to  confirm  the  appointment  of  the 
Premier.  The  current  LY  members  were  elected  in  a  free  and  fair  election  in  1995. 
While  the  ruling  KMT  remains  the  single  most  powerful  political  force,  it  now  holds 
only  a  razor-thin  majority  in  the  LY,  where  two  opposition  parties  play  increasingly 
significant  roles.  The  Juaicial  Yuan  (JY)  is  constitutionally  independent  of  the  other 
branches  of  the  political  system,  but  corruption  and  political  influence  remain  seri- 
ous problems. 

The  National  Police  Administration  (NPA)  of  the  Ministry  of  Interior  (MOD,  the 
NPA's  Criminal  Investigation  Bureau,  and  the  Ministry  of  Justice  (MOJ)  Investijga- 
tion  Bureau  are  responsible  for  law  enforcement  relating  to  internal  security.  The 
police  and  security  agencies  are  under  effective  civilian  control.  Some  members  of 
the  fwlice  occasionally  committed  human  rights  abuses. 

Taiwan  has  a  dynamic,  export-oriented,  free-market  economy.  Liberalization  of 
the  economy  has  undercut  the  dominant  role  that  state-owned  and  party-run  enter- 
prises had  plaved  in  such  major  sectors  as  finance,  transportation,  utilities,  ship- 
building, steel,  telecommunications,  and  petrochemicals.  As  the  economy  has 
evolved,  services  and  capital-  and  technology-intensive  industries  have  become  the 
most  important  sectors.  Major  exports  include  computers,  electronic  equipment,  ma- 
chinery, and  textiles.  Citizens  generally  enjoy  a  high  standard  of  living  and  an  equi- 
table income  distribution. 

The  authorities  generally  respect  human  rights;  however,  occasional  problems  re- 
main in  some  areas.  Principal  problems  include  police  abuse  of  detainees;  physical 
abuse  of  military  inductees,  which  appears  to  be  declining;  prison  overcrowaing;  po- 
litical and  personal  pressures  on  the  judiciary;  some  restrictions  on  freedom  of  as- 
sembly and  association;  discrimination  and  violence  against  women;  child  prostitu- 
tion and  abuse;  restrictions  on  workers'  freedom  of  association  and  on  their  ability 
to  strike.  The  authorities  are  also  increasingly  resorting  to  use  of  the  libel  law,  ap- 
parently to  deter  criticism  of  senior  leaders. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  does  not  directly  address  the  issues  of  torture  and  punishment. 
The  Code  of  Criminal  Conduct,  however,  stipulates  that  no  violence,  threat,  induce- 
ment, fraud,  or  other  improper  means  shall  be  used  against  accused  persons.  How- 
ever, there  were  credible  reports  that  police  occasionally  physically  abused  persons 
in  their  custody.  The  law  allows  suspects  to  have  attorneys  present  during  interro- 
gations, primarily  to  ensure  that  abuse  does  not  take  place  (see  Section  l.d.).  The 
MOJ  says  that  each  interrogation  is  recorded  and  that  any  allegation  of  mistreat- 
ment is  investigated.  Lawyers  and  legal  scholars  note  that  abuses  most  often  occur 
in  local  police  stations  where  interrogations  are  not  recorded  and  when  attorneys 
are  often  not  present.  Informed  observers  note  that  police  forces  emphasize  the  con- 
fession of  suspects  as  the  principal  investigative  tool.  Law  enforcement  agencies  re- 
main weak  in  scientific  investigative  skills  so  that,  when  political  leaders  demand 
that  cases  be  solved,  there  is  pressure  on  the  police  to  coerce  confessions.  Inter- 
national observers  have  also  noted  that  the  judicial  system  sometimes  accepts  such 
confessions  even  when  they  contradict  available  physical  evidence  or  logic.  The  Na- 
tional Police  Administration  denies  that  abuse  of  suspects  by  police  takes  place.  It 
asserts  that  regulations  forbid  such  abuse  and  that  any  member  of  the  police  force 
who  abused  suspects  would  be  punished  for  doing  so.  Nevertheless,  there  are  credi- 
ble reports  that  the  physical  abuse  of  prisoners  is  a  common  investigative  technique. 


755 

Detainees  who  are  physically  abused  have  the  right  to  sue  the  police  for  torture, 
and  confessions  shown  to  have  been  obtained  through  torture  are  inadmissible  in 
court  proceedings.  There  were  no  such  suits  reported  during  the  year. 

TTie  authorities  state  that  they  have  made  efforts  to  investigate,  prosecute,  and 
punish  officials  responsible  for  torture  and  other  mistreatment.  Although  the  basic 
responsibility  for  investigating  mistreatment  lies  with  prosecutors,  the  Control  Yuan 
(CY),  a  coequal  branch  of  the  poHtical  system  that  investigates  official  misconduct, 
also  investigates  such  cases.  The  Control  Yuan  President  complained  that  his 
branch  lacked  the  authority  to  do  its  job  properlv.  Human  rights  groups  point  to 
the  almost  total  lack  of  human  rights  training  in  the  education  of  police  officers  and 
security  personnel.  They  believe  that  the  measures  that  the  authorities  have  taken 
to  protect  human  rights  are  not  sustainable  in  the  long  term  without  the  creation 
of  an  ethos  of  respect  for  human  rights  in  these  institutions.  Women's  and  children's 
rights  groups  are  active  in  monitoring  police  and  judicial  performance  and  periodi- 
cally mount  campaigns  to  correct  abuses. 

Although  corporal  punishment  is  forbidden  under  military  law,  there  continued  to 
be  reports  of  serious  physical  abuse  of  military  personnel.  The  Ministry  of  National 
Defense  has  addressed  these  complaints  by  promulgating  regulations  specifying  the 
appropriate  treatment  of  lower  ranking  personnel  and  by  conducting  regular  polls 
of  servicemen  to  discover  any  abuse.  Ine  authorities  have  also  estaolished  a  tele- 

6 hone  hot  line  to  report  alleged  abuses  within  the  military.  The  Ministry  of  National 
lefense  has  attributed  some  of  the  blame  for  abuse  of  recruits  to  a  supposed  soften- 
ing of  youth  by  modem  life,  which  supposedly  makes  them  less  capable  of  accepting 
the  rigors  of  combat  training.  However,  the  Ministry  also  has  recognized  that  some 
trainers  have  used  inappropriate  methods  to  address  these  supposed  deficiencies.  In 
order  to  standardize,  rationalize,  and  make  transparent  the  military  basic  training 
program,  the  Ministry  appointed  professional  researchers  to  design  practical  train- 
ing and  curriculums  for  all  military  personnel  who  have  contact  with  new  recruits. 
Pressure  from  parents  of  recruits  and  a  program  to  retain  recruits  have  also  contrib- 
uted to  an  apparent  reduction  in  the  incidence  of  abuses. 

Prison  conditions  generally  meet  minimum  international  standards.  However, 
overcrowding  at  the  45  prisons  and  detention  centers  remained  a  problem  despite 
the  addition  of  one  new  facility  and  a  1994  Criminal  Code  amendment  allowing  pris- 
oners to  be  paroled  after  serving  one-third,  rather  than  one-half  of  their  sentences. 
The  55,701  inmates  detained  as  of  November  exceeded  the  facilities  planned  capac- 
ity by  10,981.  According  to  the  MOJ,  the  number  of  prisoners  has  grown  rapidly  in 
recent  years  because  oi  increased  arrests  of  narcotics  law  violators.  These  violators 
now  make  up  more  than  50  percent  of  the  overall  inmate  population.  The  MOJ  has 
set  up  drug  treatment  facilities  to  reduce  the  number  of  addicts  in  the  prison  popu- 
lation. Conditions  in  illegal  immigrant  detention  centers  are  poor  (see  Section  2.d.). 

The  authorities  permit  visits  by  human  rights  group  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest  and 
detention,  and  the  authorities  generally  observe  this  prohibition.  Police  legally  may 
arrest  without  a  warrant  anyone  they  suspect  of  committing  a  crime  for  which  the 
punishment  would  be  imprisonment  of  5  years  or  more  and  may  question  persons 
without  a  formal  summons.  However,  the  authorities  must,  within  24  hours  after 
detention,  give  written  notice  to  the  detainee  or  a  designated  relative  or  friend,  stat- 
ing the  reason  for  the  arrest  or  questioning.  Indicted  persons  may  be  released  on 
bail  at  judicial  discretion. 

The  Criminal  Procedure  Code  specifies  that  the  authorities  may  detain  a  suspect 
for  up  to  2  months  during  the  investigative  phase  before  filing  a  formal  indictment. 
The  court  may  extend  the  investigative  detention  for  an  additional  2-month  period. 
A  suspect  may  be  held  for  up  to  3  months  during  trial  proceedings,  and  the  court 
may  extend  the  trial  detention  for  two  additional  3-month  periods.  The  authorities 
generally  have  followed  these  procedures,  and  trials  usually  take  place  within  3 
months  of  indictment. 

The  authorities  generally  respect  a  detainee's  request  to  have  a  lawyer  present 
during  the  investigation  phase,  out  defense  lawyers  continue  to  complain  that  peo- 
ple often  are  not  advised  of  their  right  to  have  legal  representation  during  police 
interrogation.  While  there  is  no  legal  requirement  that  the  police  advise  suspects 
of  their  ridit  to  counsel,  arresting  officers'  checklists  do  provide  for  such  notifica- 
tion. The  National  Police  Administration  (NPA)  says  that  the  form  a  suspect  signs 
at  the  conclusion  of  interrogation  includes  a  question  as  to  whether  the  suspect 
wishes  legal  representation.  The  NPA  asserts  tnat,  under  police  procedure,  a  sus- 
pect cannot  be  formally  charged  unless  this  form  is  signed.  There  is  no  legal  require- 
ment that  indigent  people  be  provided  counsel  during  police  interrogation,  although 
such  counsel  is  provided  during  trials.  Informed  observers  report  that  the  "public 
defense  counsels'  do  not  provide  effective  defense  assistance.  They  are  frequently 


756 

not  fiillv  qualified  lawyers,  they  typically  do  not  appear  until  the  final  debate  hear- 
ing of  the  trial,  and  they  seldom  spend  a  significant  amount  of  time  discussing  the 
case  with  their  clients. 

The  "Antihoodlum"  Law  of  1985  was  a  departure  from  international  standards  of 
due  process  in  that  it  included  a  secret  witness  system  that  allowed  police  to  con- 
duct "sweeps"  of  suspected  "hoodlums"  and  to  use  the  testimony  of  unidentified  in- 
formants in  detaining  the  suspects.  Lawyers  for  the  alleged  hoodlums  were  not  per- 
mitted to  cross-examine  these  informants.  While  defense  lawyers  have  been  given 
the  right  to  examine  documentary  evidence,  critics  charge  that  evidence  in  these 
cases  was  ofl^n  weak  or  fabricatea.  In  1995,  however,  the  Council  of  Grand  Justices 
(CGJ)  declared  unconstitutional  the  administrative  procedures  that  had  been  used 
to  sentence  hoodlums  to  reformatory  education.  The  authorities  have  drafted  new 
antigang  legislation,  which  is  under  consideration  by  the  LY.  This  new  legislation 
requu^s  that  "secret"  witnesses  must  testify  openly  but  provides  procedures  for 
their  subsequent  protection,  "in  exceptional  cases." 

The  authorities  do  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary and  for  equality  before  the  law.  In  the  past,  some  observers  have  characterized 
the  judiciary  as  not  fully  independent  and  as  susceptible  to  political  and  personal 
pressure  and  influence. 

The  Judicial  Yuan  is  one  of  the  five  coequal  branches  of  the  political  system.  The 
JY  is  headed  by  a  president  and  a  vice  president  and  also  contains  the  16-member 
Council  of  Grand  Justices  (CGJ),  which  interprets  the  Constitution  as  well  as  laws 
and  ordinances.  Subordinate  JY  organs  include  the  Supreme  Court,  high  courts,  dis- 
trict courts,  the  Administrative  Court,  and  the  Committee  on  the  Discipline  of  Pub- 
lic Functionaries. 

Dissatisfaction  exists  among  judges  and  others  about  the  slowness  of  strengthen- 
ing the  rule  of  law.  Corruption  within  the  judiciary  remains  a  problem.  During  the 
year,  there  were  a  number  of  indictments  of  judges  for  accepting  bribes  in  exchange 
for  favorable  judgments.  In  December  1996,  the  Judicial  Yuan  President  invited 
legal  scholars  to  study  and  to  recommend  measures  for  judicial  reform.  In  January 
the  Judicial  Yuan,  as  a  first  step  in  the  reform  process,  revoked  the  previous  proce- 
dure ^whereby  the  decisions  of  junior  judges  were  automatically  reviewed  by  senior 
judges.  A  number  of  additional  steps  to  improve  judicial  performance  were  also  un- 
dertaken, including  promulgating  a  "judges  code'  and  setting  up  evaluation  teams 
of  independent  scholars  to  examine  judicial  performance.  However,  investigative  ef- 
forts apparently  have  concentrated  on  people  outside  the  judicial  system  who  falsely 
claim  that  they  are  able  to  influence  judges  in  order  to  defraud  defendants.  A  num- 
ber of  judges  have  called  for  even  more  significant  changes,  and  a  nongovernmental 
judicial  reiorm  foundation,  consisting  of  lawyers,  legal  scholars,  and  legislators,  was 
established  in  March  to  promote  anamonitor  the  reform  process. 

The  law  provides  for  the  right  of  fair  public  trial,  and  this  is  generally  respected 
in  practice.  Judges,  rather  than  juries,  decide  trials,  and  all  judges  are  appointed 
by,  and  responsible  to,  the  JY.  In  a  typical  court  case,  parties  and  witnesses  are 
interrogated  by  a  single  judge  but  not  directly  by  a  defense  attorney  or  prosecutor. 
The  judge  may  decline  to  hear  witnesses  or  to  consider  evidence  a  party  wishes  to 
submit  if  the  judge  considers  it  irrelevant;  refusal  to  hear  evidence  may  be  a  factor 
in  an  appeal.  Trials  are  public,  but  attendance  at  trials  involving  juveniles  or  poten- 
tially sensitive  issues  that  might  attract  crowds  may  require  court  permission.  In 
addition,  as  the  result  of  a  CGJ  ruling,  legislation  was  passed  in  December  giving 
judges  the  sole  authority  to  order  pretrial  detention  of  suspects,  a  power  previously 
shared  by  prosecutors. 

A  defendant  has  the  right  to  an  attorney.  If  the  defendant  is  suspected  of  commit- 
ting a  crime  for  which  the  penalty  is  3  or  more  years'  imprisonment  or  if  the  defend- 
ant is  disabled,  the  judge  may  assign  an  attorney.  A  law  passed  in  December  states 
that  a  suspect  may  not  be  compelled  to  testify.  The  Code  of  Criminal  Procedure 
states  that  a  confession  shall  not  be  the  sole  evidence  used  to  find  a  defendant 
guilty;  this  requirement  itself  is  not  strictly  enforced,  with  convictions  frequently  re- 
sulting from  a  combination  of  a  confession  and  circumstantial  evidence  of  varying 
Duality.  Any  convicted  person  has  the  right  to  appeal  to  the  next  higher  court  level, 
'ersons  sentenced  to  terms  of  imprisonment  of  3  years  or  more  may  appeal  beyond 
that  level.  The  Supreme  Court  automatically  reviews  life  imprisonment  and 
deathsentences.  Under  the  law,  prosecutors  have  the  right  to  appeal  verdicts  of  not 
guilty. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  and  sections  of  the  Criminal  and  Civil  Codes  contain  provisions  pro- 
tecting privacy.  A  warrant,  issued  by  a  prosecutor  or  a  judge,  must  be  obtained  be- 


757 

fore  a  search,  except  when  "incidental  to  arrest."  Critics,  however,  claim  that  the 
incidental  to  arrest  provision  is  not  only  unconstitutional  but  often  interpreted 
broadly  by  police  to  justify  searches  of  locations  other  than  actual  arrest  sites.  More- 
over, police  continue  to  search  cars  routinely  at  roadblocks.  According  to  the  Na- 
tional Police  Administration,  warrantless  searches  are  allowed  only  in  special  cir- 
cumstances, such  as  to  arrest  an  escapee  or  if  facts  indicate  a  person  is  in  the  proc- 
ess of  committing  a  crime.  In  any  such  case,  the  police  must  file  a  report  with  the 
prosecutor  or  court  within  24  hours.  A  policeman  who  carries  out  an  illegal  search 
may  be  sued  for  illegal  entry  and  sentenced  to  up  to  1  year's  imprisonment.  Few 
prosecutors  or  judges  did  in  fact  file  charges  against  policemen  found  to  have  ob- 
tained evidence  illegally.  Furthermore,  such  evidence  is  not  automatically  excluded 
from  consideration  by  the  court;  instead,  its  admission  is  left  to  the  discretion  of  the 
judge.  More  often  than  not,  such  evidence  is  admitted  and  frequently  provides  the 
basis  for  conviction. 

According  to  Executive  Yuan  regulations,  judicial  and  security  authorities  may  file 
a  written  request  to  a  prosecutors  office  to  monitor  telephone  calls  to  collect  evi- 
dence against  a  suspect  involved  in  a  major  crime.  However,  according  to  the  Con- 
stitution, permission  for  telephone  tapping  and  other  such  interference  with  privacy 
of  communications  must  be  granted  according  to  law,  rather  than  by  administrative 
regulation. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  authorities  generally  respect  these  rights  in  practice.  Al- 
though these  rights  are  formally  circumscribed  by  a  statute  prohibiting  advocacy  of 
communism  or  division  of  national  territory,  these  provisions  are  not  enforced  in 
practice. 

Print  media  represent  the  full  spectrum  of  views  within  society.  Residual  political 
influence,  however,  still  exists  over  the  electronic  media,  particularly  television  sta- 
tions. The  KMT,  the  Taiwan  Provincial  Government,  and  the  military  continue  to 
be  the  largest  shareholders  in  three  island-wide  broadcast  television  stations.  Al- 
though considerable  progress  has  been  made  toward  loosening  KMT  control  of  the 
broadcast  media,  some  critics  still  claim  that  coverage  on  these  three  stations  has 
been  biased  in  favor  of  the  KMT  and  against  opposition  parties.  A  fourth  island- 
wide  broadcast  television  station,  based  in  Kaohsiung  and  associated  with  the  larg- 
est opposition  party,  the  Democratic  Progressive  Party  (DPP),  opened  in  June.  The 
opemng  of  this  station,  known  as  Formosa  Television,  eliminated  the  KMT's  monop- 
oly of  broadcast  television  and  represents  a  significant  move  toward  more  complete 
media  independence.  In  any  event,  the  proliferation  of  cable  television  stations, 
some  of  which  carry  programming  openly  hostile  to  the  ruling  party,  has  greatly  di- 
minished the  importance  of  KMT  control  over  three  of  the  four  broadcast  television 
stations.  Over  70  percent  of  households  receive  cable  television,  which  includes  local, 
privately  financed  channels,  as  well  as  many  major  international  networks.  Several 
mainland  Chinese  and  Japanese  channels  are  also  widely  carried  on  cable. 

Controls  over  radio  stations  were  more  limited  than  those  over  television  stations 
and  are  being  further  liberalized.  From  1993  to  November  1997,  the  Government 
Information  Office  (GIO)  received  529  applications  for  radio  broadcast  frequencies. 
A  total  of  169  freqpencies  were  made  available  and  118  of  these  were  apportioned; 
of  the  51  still  available,  many  are  in  remote  areas.  Many  of  the  newly  authorized 
radio  stations,  however,  have  limited  broadcast  ranges,  leading  critics  to  charge  that 
the  stations  do  not  constitute  a  genuine  counterweight  to  the  authorities'  monopoly 
on  island-wide  radio  broadcasting. 

Observers  have  noted  that  licensing  requirements  oblige  prospective  radio  station 
owners  to  have  more  capital  than  is  required  to  actually  operate  a  station.  This  in 
itself  inhibits  individuals  or  groups  from  applying  for  radio  station  licenses.  There 
are  reportedly  over  one  hundred  unlicensed  'Kinderground"  radio  stations,  many  as- 
sociated with  opposition  parties,  operating  illegally. 

In  1992  the  authorities  revised  sedition  statutes  to  limit  the  purview  of  the  Sedi- 
tion Law  and  the  National  Security  Law  (NSL)  and  to  remove  prohibitions  on  "ac- 
tions against  the  Constitution."  However,  the  NSL  and  related  statutes  such  as  the 
Civic  Organizations  Law  and  the  Parade  and  Assembly  Law  still  retain  prohibitions 
against  advocating  communism  or  espxjusing  the  division  of  national  territory,  even 
though  these  provisions  are  no  longer  enforced  in  practice. 

During  the  year  there  were  three  cases  in  which  senior  leaders  charged  publica- 
tions witn  Hbel.  Liu  Tai-ying,  the  Chairman  of  the  ruling  KMT's  party-owned  enter- 
prises, sued  Yazhou  Zhoukan  (Asiaweek)  magazine  and  two  of  its  employees  for  libel 
for  reporting  that  he  had  considered  making  a  political  donation  to  the  campaign 
of  an  American  presidential  candidate.  In  this  case,  the  court  ruled  in  favor  of  the 


758 

defendants.  In  another  case,  Tsai  Chao-yang,  the  Minister  Transportation  and  Com- 
munications, sued  a  local  magazine.  Business  Week,  for  alleging  that  he  had  spent 
a  large  amount  of  public  money  renovating  his  residence.  The  court  ruled  that  the 
magazine's  editor  and  reporter  could  not  prove  the  accuracy  of  their  story  and  sen- 
tenced them  to  4  and  5  months'  incarceration  respectively.  In  a  third  case,  the  head 
of  the  National  Security  Bureau  (NSB),  Yin  Tsung-wen,  sued  a  Taipei  newspaper 
for  reporting  that  he  had  ordered  his  agents  to  tap  the  telephones  of  National  As- 
sembly delegates  who  were  protesting  a  proposed  constitutional  change.  After  the 
newspaper  printed  a  retraction,  the  NSB  Director  dropped  his  suit.  To  date,  these 
libel  actions  do  not  appear  to  have  lessened  the  vigor  witn  which  the  media  question 
the  actions  of  Taiwan's  leaders. 

There  is  a  vigorous  and  active  free  press  despite  the  Publications  Law,  which  em- 
powers the  police  to  seize  or  ban  printed  material  that  is  seditious,  treasonous,  sac- 
rilegious, interferes  with  the  lawful  exercise  of  public  functions,  or  violates  public 
order  or  morals.  There  were  no  reports  of  censorship  of  the  print  media  during  the 
year,  nor  were  there  any  seizures  of  materials  on  political  grounds.  The  police  do 
sometimes  conduct  raids  to  seize  pornographic  materials. 

The  Government  Information  Office  (GrlO)  has  demanded  that  any  publications 
imported  from  mainland  China  be  sent  to  the  GIO  Publications  Department  for 
screening  before  sale  or  publication  in  Taiwan.  The  GIO  still  seeks  to  ban  the  impor- 
tation of  publications  that  advocate  communism  or  the  establishment  of  united  front 
organizations,  endanger  public  order  or  good  morals,  or  violate  regulations  or  laws. 
However,  few  local  publishing  companies  observe  this  regulation,  and  substantial 
People's  Republic  of  China-origin  material  is  imported  every  year.  Moreover,  cable 
television  systems  broadcast  uncensored  television  channels  from  mainland  China. 

Among  other  restrictions  regulating  the  media  are  those  precluding  people  pre- 
viously convicted  of  sedition  from  owning,  managing,  or  working  in  television  and 
radio  stations.  Major  opposition  leaders,  many  of  whom  were  convicted  of  sedition 
after  the  December  1979  Kaohsiung  incident,  are  nevertheless  not  affected  because 
their  rights  were  restored  through  presidential  amnesties. 

There  are  few  restrictions  on  academic  freedom.  The  expression  of  dissenting  po- 
litical views  is  common. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  but  the  authorities  restrict  this  right  somewhat  in  practice. 
The  Parade  and  Assembly  Law  permits  peaceful  demonstrations  as  long  as  they  do 
not  promote  communism  or  advocate  Taiwan's  separation  from  mainland  China  and 
are  approved  in  advance  by  the  police  department  in  the  locality  of  the  demonstra- 
tion. In  practice  the  authorities  do  not  interfere  with  demonstrators  advocating 
independence  for  Taiwan.  In  1996  the  authorities  indicted  a  telecommunications 
union  leader,  Chang  Shi-chung,  under  the  Parade  and  Assembly  Law  as  a  result 
of  a  peaceful  demonstration,  which  authorities  charged  was  excessively  noisy,  held 
outside  the  Legislative  Yuan  in  January  (see  Section  6. a.).  Two  Aborigine  dem- 
onstrators, who  were  prosecuted  under  the  law  for  an  unauthorized  demonstration 
in  1995,  served  1-year  jail  sentences.  One  of  them,  Lin  Wen-hsiung,  now  works  at 
the  Executive  Yuan's  Aboriginal  Affairs  Commission.  Of  the  four  senior  leaders  of 
the  opposition  Democratic  Progressive  Party  (DPP)  who  were  prosecuted  for  leading 
unauthorized  demonstrations  in  1992,  two  have  paid  a  fine,  one — a  current  LY 
Member — served  41  days  in  jail,  and  the  case  of  the  fourth  remains  unresolved  as 
he  has  so  far  declined  either  to  pay  his  fine  or  go  to  jail. 

The  Constitution  provides  for  freedom  of  association,  but  the  authorities  also  re- 
strict this  right  somewhat  in  practice.  The  Civic  Organization  Law  requires  all  civic 
organizations  to  register;  however,  the  central  authorities  have  refused  to  approve 
registration  of  some  groups — such  as  the  Taiwan  Association  for  Human  Rights 
(TAHR),  the  Taiwan  Association  of  University  Professors,  and  the  Taiwan  Environ- 
mental Protection  Alliance — which  use  the  word  "Taiwan"  in  their  titles  (a  usage 
that  some  authorities  still  frown  on  as  promoting  Taiwan  independence).  The  au- 
thorities note  that  the  Civic  Organization  Law  requires  that  the  name  of  a  civic  or- 
f[anization  must  correspond  to  the  administrative  district  it  covers;  i.e.,  the  "Repub- 
ic  of  China"  for  island-wide  organizations.  The  lack  of  registration  entails  some  in- 
convenience to  the  operations  oT  these  groups.  For  example,  they  may  not  solicit  do- 
nations from  the  public,  and  contributors  may  not  take  income  tax  deductions  for 
their  contributions.  Nonetheless,  they  operate  actively,  freely,  and  efTectively.  In 
1997  the  Taiwan  Association  for  Human  Kights  registered  with  the  DPP-led  Taipei 
city  government,  which  does  not  impose  such  restrictions  on  the  use  of  the  word 
"Taiwan."  The  registration  removes  most  of  the  legal  impediments  but  raises  as  yet 
unanswered  questions  about  the  legality  of  the  group's  operations,  such  as  fundrais- 
ing,  outside  oi  Taipei. 


759 

A  1992  revision  of  the  Civic  Organization  Law  removed  from  the  Executive  Yuan 
the  power  to  dissolve  political  parties.  This  power  now  resides  in  the  Constitutional 
Court.  Grounds  for  dissolution  include  objectives  or  actions  that  are  deemed  to  jeop- 
ardize the  existence  of  the  "Republic  of  China."  The  Constitutional  Court  heard  no 
cases  under  this  law  in  1997. 

c.  Freedom  of  Religion. — ^The  Constitution  provides  for  freedom  of  religion,  and  the 
authorities  respect  tnis  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^The  authorities  do  not  restrict  freedom  of  internal  travel.  Foreign  travel 
Dy  Taiwan  passport  holders  is  common. 

Nonresident  Taiwan  passport  holders  are  usually  issued  "overseas  Chinese"  pass- 
ports and  must  seek  entry  permits  for  travel  to  Taiwan.  According  to  1992  revisions 
to  the  National  Security  Law,  entry  permits  may  be  refused  only  if  there  are  facts 
sufficient  to  create  a  strong  suspicion  that  a  person  is  engaged  in  terrorism  or  vio- 
lence. Reasons  for  entry  and  exit  refusals  must  be  given,  and  appeals  may  be  made 
to  a  special  board.  No  exit  or  entry  permit  refusals  were  reported  during  1997.  In 
1993  new  measures  provided  that  holders  of  Taiwan  passports  who  normally  reside 
abroad  may  return  and  regain  their  household  registration,  a  document  required  to 
vote  or  participate  as  a  candidate  in  an  election. 

Since  1988  Taiwan  has  substantially  relaxed  strictures  against  travel  by  Taiwan 
residents  to  the  Chinese  mainland,  and  such  travel  is  common.  Relatively  tight  re- 
strictions on  the  entry  of  Chinese  from  the  mainland  remain  in  force. 

There  is  no  law  under  which  noncitizens  may  ask  for  asylum,  and  there  were  no 
applications  for  refugee  status  in  1997.  While  the  authorities  have  been  reluctant 
to  return  to  the  mainland  those  who  might  suffer  political  persecution  there,  they 
regularly  deport  to  the  mainland,  under  provisions  of  the  Mainland  Relations  Act, 
mainlanders  who  illegally  enter  the  island  for  economic  reasons.  In  July  the  authori- 
ties returned  to  mainland  China  two  hijackers  of  People's  Republic  of  China  nation- 
ality who  had  completed  sentences  imposed  by  Taiwan  courts.  There  were  no  reports 
of  forced  return  of  persons  to  a  country  where  they  feared  persecution. 

Conditions  at  detention  camps  for  illegal  immigrants  (most  from  mainland  China) 
continued  to  be  criticized  by  local  media.  The  Entry  and  Exit  Bureau  admitted  that 
the  three  detention  camps  are  overcrowded  but  blamed  mainland  Chinese  authori- 
ties, who  insist  on  extensive  background  checks,  for  delays  in  accepting  the  timely 
repatriation  of  illegal  immigrants. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  this  right.  In  1996  Taiwan  for  the  first  time  carried  out  the  direct, 
popular  election  of  its  president,  thus  completing  its  transition  to  a  democratic, 
multiparty  political  system.  The  transition  began  with  the  lifting  of  martial  law  in 
1987.  After  generally  free  and  fair  popular  elections  for  the  LY  in  1992,  the  second 
direct  election  of  all  LY  members  took  place  in  December  1995.  Previously,  the 
President  and  Vice  President  had  been  indirectly  elected  by  the  National  Assembly 
(NA),  which  now  stands  for  popular  election  every  4  years  and  is  charged  mainly 
with  amending  the  Constitution. 

The  KMT  remains  the  largest  political  party,  with  2  million  members,  although 
voters  gave  it  only  a  slim  majority  in  the  December  1995  elections  for  the  LY.  The 
KMT  holds  only  80  of  the  157  seats  in  the  legislature.  The  Democratic  Progressive 
Party,  which  traditionally  had  advocated  independence  for  Taiwan  and  has  an  esti- 
mated 140,000  members,  controls  45  LY  seats.  It  won  12  of  23  mayor  and  county 
magistrate  posts  in  November,  including  that  of  Taipei  County.  Since  the  DPP  al- 
ready held  the  mayoralty  of  Taipei  municipality,  72  percent  oi  Taiwan's  population 
was  living  in  DPP-led  localities  at  year's  end.  The  New  Party  was  established  in 
1993  by  younger  KMT  members  who  opposed  the  Party's  domination  by  "main- 
stream ethnic  Taiwanese  supporters  of  President  and  Party  Chairman  Lee  Teng- 
hui.  The  New  Party  has  19  seats  in  the  LY  and  claims  a  membership  of  86,000. 

The  KMT  benefits  from  its  ownership  of  the  major  television  channels  and  of  en- 
terprises and  business  holdings  estimated  to  be  worth  in  excess  of  $6  billion,  and 
from  the  fact  that  its  members  still  hold  most  key  positions  in  the  political  system, 
sometimes  concurrently  with  important  party  positions.  In  recent  years,  opposition 
parties  have  grown  rapidly,  however,  and  freely  contest  elections,  criticize  the  au- 
thorities, and  infiuence  national  policy  through  the  legislative  process.  In  1994  a 
member  of  the  DPP  was  elected  mayor  of  Taipei,  a  position  that  makes  him  a  mem- 
ber of  the  Cabinet. 

The  Constitution  provides  for  equal  rights  for  women,  but  their  role  in  politics, 
while  increasing,  remains  limited.  Nevertheless,  a  number  of  women  hold  senior  ad- 
ministrative and  KMT  positions,  including  Minister  of  Interior  Yeh  Ching-feng,  Min- 


760 

ister  without  Portfolio  and  KMT  Central  Standing  Committee  (CSC)  member  Shir- 
ley Kuo  (a  former  Finance  Minister),  CSC  member  Hou  Tsai-feng,  and  one  major 
general  in  the  armed  forces.  In  addition,  22  of  157  LY  members,  61  of  334  National 
Assembly  members,  16  of  79  Provincial  Assembly  members,  2  of  26  Control  Yuan 
members,  and  255  of  1,300  judges  are  women. 

Aborigine  representatives  participate  in  most  levels  of  the  political  system,  par- 
tially tlm)ugh  6  reserved  seats  in  the  NA  and  LY  and  2  seats  in  the  Provincial  As- 
sembly— half  of  each  elected  by  the  plains  Aborigines  and  half  by  mountain  Aborig- 
ines. An  Aborigine  serves  as  Chairman  of  the  Aboriginal  Affairs  Commission.  The 
magistrate  of  Taitung  County  is  an  Aborigine  first  elected  in  1993  and  reelected  in 
1997. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  principal  human  rights  organizations  are  the  establishment-oriented  Chinese 
Association  of  Human  Rights  (CAHR)  and  the  opposition-aligned  Taiwan  Associa- 
tion for  Human  Rights  (TAHR).  Coordination  between  the  two  bodies  is  limited.  De- 
spite the  authorities'  refusal  to  register  it  (see  Section  2.b.),  the  TAHR  operates  free- 
ly. Both  organizations  investigate  human  rights  complaints,  many  of  which  come  to 
public  attention  through  the  media  and  statements  by  lawmakers  from  all  political 
parties.  The  authorities  permit  representatives  of  international  human  rights  orga- 
nizations to  visit  and  meet  with  citizens  freely.  Women's  and  children  s  human 
rights  groups  monitor  police  and  judicial  performance  and  campaign  to  correct 
abuses  (see  Section  I.e.). 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  ecruality  of  citizens  before  the  law  "irrespective  of 
sex,  religion,  race,  class,  or  party  aifiliation."  Constitutional  amendments  enacted  in 
July  also  provide  for  the  rights  of  disabled  persons.  While  the  authorities  are  com- 
mitted to  protecting  these  rights,  some  areas  of  discrimination  continue  to  exist. 

Women. — Violence  against  women,  including  domestic  violence  and  rape,  remains 
a  serious  problem.  Wife  beating  is  especially  widespread.  The  DPP  Women's  Devel- 
opment Cfommittee  claimed  that  35  percent  of  married  women  were  victims  of 
spousal  abuse.  The  authorities  have  funded  domestic  violence  hot  lines,  which  have 
handled  some  17,000  cases  over  the  past  decade.  According  to  the  law,  a  prosecutor 
may  not  investigate  domestic  violence  cases  until  a  spouse  files  a  formal  lawsuit. 
Although  some  cases  are  prosecuted,  strong  social  pressure  discourages  abused 
women  from  reporting  incidents  to  the  police  in  order  to  avoid  disgracing  their  fami- 
lies. Rape  also  remains  a  serious  probfem,  and  its  victims  are  socially  stigmatized. 
One  expert  estimates  that  7,000  rapes  occur  annually — 10  times  the  number  re- 
ported to  the  police.  Because  rape  trials  are  public,  women  have  been  reluctant  to 
Srosecute  their  attackers.  Support  from  feminist  and  social  welfare  organizations, 
owever,  has  made  victims  more  willing  to  come  forward  and  press  charges.  Under 
the  law,  the  authorities  may  not  prosecute  for  rape  without  the  victim's  formal  com- 
plaint. The  Criminal  Code  establishes  the  punisnment  for  rape  as  not  less  than  5 
years'  imprisonment,  and  those  convicted  are  usually  sentenced  to  from  5  to  10 
years  in  prison. 

During  the  year,  1,140  persons  were  arrested  for  the  crime  of  rape,  664  were  in- 
dicted, and  228  were  convicted.  In  the  other  cases  the  charges  were  either  dropped 
for  lack  of  evidence,  or  because  the  victim  withdrew  her  complaint,  or  the  cases 
were  still  before  the  courts. 

In  May  two  massive  demonstrations  in  Taipei  protested  the  perceived  deteriora- 
tion of  personal  safety,  with  a  particular  emphasis  on  violence  against  women. 
These  demonstrations  led  to  the  resignations  of  several  senior  officials,  including  the 
Minister  of  the  Interior.  The  same  month,  the  authorities  created  a  supraministerial 
commission  charged  with  providing  psychological  assistance,  legal  counseling,  voca- 
tional training,  and  health  care  for  women  in  need. 

Prostitution,  including  coerced  prostitution  and  child  prostitution,  is  also  a  prob- 
lem although  there  is  little  public  concern  about  adult  prostitution.  When  the  police 
discover  illegal  prostitution,  the  cases  are  prosecuted  according  to  the  Criminal 
Code.  However,  under  the  'Trostitute  Management  Regulations,"  prostitution  is 
legal  in  registered  houses  of  prostitution  in  one  section  of  Kaohsiung.  In  September 
the  Taipei  municipal  government  ended  legal  prostitution  in  registered  houses  of 
prostitution  in  specified  areas  of  that  city. 

The  law  prohibits  sex  discrimination,  and  the  LY  has  in  recent  years  begun  a  sys- 
tematic review  and  revision  of  those  portions  of  the  legal  code  relating  to  divorce, 
property,  and  child  custody.  As  a  result,  recent  legislation  has  eliminated  many  dis- 


761 

criminatory  sections  of  the  code.  In  1994  the  CGJ  declared  unconstitutional  a  Civil 
Code  provision  dating  back  to  the  1930's  that  cave  fathers  priority  in  child  custody 
disputes.  In  1996  the  LY  passed  legislation  that  clarified  a  woman's  right  to  her 
own  property.  In  1997  the  LY  repealed  legislation  requiring  that  a  chUd  take  the 
father's  name;  the  parents  may  now  choose  to  give  the  child  either  the  father's  or 
mother's  family  name. 

There  is  no  equal  employment  rights  law,  and  enforcement  of  existing  sex  dis- 
crimination laws  remains  a  problem.  Labor  laws  provide  for  maternity  leave,  but 
employers  do  not  always  grant  it.  Women  also  have  complained  of  being  forced  to 
quit  jobs  upon  marriage  or  because  of  age  or  pregnancy.  Women  often  complain  of 
less  frequent  promotions  and  lower  salanes  than  their  male  counterparts.  According 
to  the  Council  on  Labor  Affairs,  salaries  for  women  average  85  percent  of  those  for 
men  performing  rou^ly  equal  jobs. 

In  the  past,  many  women  married  to  foreigners  said  that  their  husbands  had  a 
more  difficult  time  obtaining  residency  than  the  foreign  wives  of  male  citizens.  They 
also  complained  that  their  children  were  not  allowed  to  enter  public  schools.  In  1995 
the  Ministry  of  Foreign  Affairs  announced  a  relaxation  of  the  regulations  governing 
foreign  husbands'  residence  permits  that  allows  the  foreign  husbands  of  citizens  to 
remain  in  Taiwan  for  6  months  at  a  time  rather  than  the  shorter  periods  granted 
previously.  The  LY  also  passed  new  legislation  permitting  the  children  of  foreign  fa- 
thers to  attend  public  schools.  However,  the  Citizenship  Law  continues  to  stipulate 
that  the  transmission  of  citizenship  may  occur  exclusively  through  the  father.  A  citi- 
zen mother  with  a  foreign  husband  thus  cannot  apply  for  a  Taiwan  passport  for  her 
child. 

Children. — The  Constitution  has  provisions  to  protect  children's  rights,  and  the 
authorities  are  committed  to  supporting  them.  Education  for  children  between  6  and 
15  years  of  age  is  compulsory,  and  this  rule  is  enforced.  Children  are  also  provided 
health  care  under  the  national  health  insurance  scheme. 

Child  abuse  is  a  significant  problem.  The  1993  revision  of  the  Child  Welfare  Act 
mandates  that  any  persons  discovering  cases  of  child  abuse  or  neglect  must  notify 
the  police,  social  welfare,  or  child  welfare  authorities,  that  child  welfare  specialists 
must  do  so  within  24  hours,  and  that  the  authorities  involved  must  issue  an  inves- 
tigation report  within  24  hours.  Both  the  Ministry  of  Interior  Social  Affairs  Depart- 
ment and  private  organization  specialists  assert  that  these  requirements  are  fol- 
lowed. 

Child  prostitution  is  a  serious  problem  involving  between  40,000  and  60,000  chil- 
dren, an  estimated  5  percent  of  whom  are  Aborigines,  according  to  reports  by  police 
and  social  workers.  Most  child  prostitutes  range  from  12  through  16  years  of  age. 
The  juvenile  welfare  law  enables  juvenile  welfare  bodies,  prosecutors,  and  victims 
to  apply  to  courts  for  termination  of  guardianship  of  parents  and  the  appointment 
of  qualified  guardians  if  parents  have  forced  their  children  into  prostitution.  If  chil- 
dren are  engaged  in  prostitution  of  their  own  free  will,  and  the  parents  are  incapa- 
ble of  provimng  safe  custody,  the  courts  may  order  competent  authorities  to  provide 
counseling  for  not  less  than  6  months  and  not  more  than  2  years.  However,  legal 
loopholes  and  cultural  barriers  remain  obstacles  to  enforcement.  For  example,  if 
botn  parents  have  sold  a  child  into  prostitution,  a  problem  associated  mostly  with 
Aborigine  families,  the  law  requires  the  child  to  loage  a  complaint  before  prosecu- 
tion is  undertaken.  In  many  cases,  the  child  is  reluctant  or  afraid  to  do  so. 

According  to  some  reports,  violence,  drug  addiction,  and  other  forms  of  coercion 
are  used  by  brothel  owners  to  prevent  child  prostitutes  from  escaping.  In  1995  the 
LY  passed  legislation  providing  for  as  much  as  2  years'  incarceration  for  customers 
of  prostitutes  under  the  age  of  18.  The  legislation  also  requires  the  publication  of 
the  names  of  violators  in  newspapers.  Several  hundred  persons  have  been  arrested 
under  this  law,  and  146  were  indicted;  as  yet  none  are  known  to  have  been  con- 
victed. 

People  With  Disabilities. — The  Disabled  Welfare  Law  was  revised  and  strength- 
ened in  1990.  It  prohibits  discrimination  against  the  disabled  and  sets  minimum 
fines  at  approximately  $2,400  for  violators.  Under  these  revisions,  new  public  build- 
ings, facilities,  and  transportation  equipment  must  be  accessible  to  tne  disabled, 
while  existing  public  buildings  were  to  be  brought  into  conformity  by  1995.  Although 
new  buildings  appear  to  meet  many  accessibility  requirements,  there  does  not  as  yet 
appear  to  be  substantial  effort  aimed  at  refitting  older  buildings  to  accommodate 
disabled  people. 

A  leading  expert  in  the  field  estimates  that  the  number  of  disabled  is  between 
400,000  and  500,000— possibly  as  high  as  700,000.  One-third  of  the  total  are  se- 
verely disabled  and  receive  shelter  or  nursing  care  from  the  authorities.  The  Dis- 
abled Welfare  Law  requires  large  public  and  private  organizations  to  hire  disabled 
persons  equal  to  2  and  1  percent  of  their  work  forces  respectively.  Organizations 


762 

failing  to  do  so  must  pay,  for  each  disabled  person  not  hired,  the  basic  monthly  sal- 
ary (approximately  $570)  into  the  Disabled  Welfare  Fund,  which  supports  institu- 
tions involved  in  welfare  for  the  disabled.  Many  organizations  complain  that  it  is 
diilicult  to  find  qualified  disabled  workers,  ana  they  appear  to  prefer  to  pay  the 
fines  involved.  The  authorities  have  noted  the  impact  of  a  traditional  belief  tnat  the 
disabled  lack  the  abUitv  to  do  real  work. 

Indigenous  People. — ^Taiwan's  only  non-Chinese  minority  group  consists  of  the  Ab- 
original descendants  of  Malayo-Polynesians  already  established  in  Taiwan  when  the 
first  Chinese  settlers  arrived.  According  to  MOI  statistics,  there  are  357,000  Aborig- 
ines. More  than  70  percent  are  Christian,  while  the  dominant  Han  Chinese  are 
largelv  Buddhist  or  Taoist.  The  civil  and  political  richts  of  Aborigines  are  fully  pro- 
tected under  law.  The  National  Assembly  amended  the  Constitution  in  1992  and 
again  in  July  to  upgrade  the  status  of  Aboriginal  people,  protect  their  right  of  politi- 
cal participation,  and  ensure  cultural,  educational,  and  business  development.  In  ad- 
dition, the  authorities  have  instituted  social  programs  to  help  Aborigines  assimilate 
into  tne  dominant  Chinese  society.  A  new  cabinet-level  agency,  the  Aboriginal  Af- 
fairs Commission,  was  created,  although  critics  noted  that  its  budget  was  quite 
small.  As  part  of  its  efibrts  to  preserve  ethnic  identities,  the  Ministry  of  Education 
now  includes  some  Aboriginal-language  classes  in  primary  schools. 

Although  they  face  no  official  discrimination.  Aborigines  have  had  little  impact, 
over  the  years,  on  major  decisions  afiecting  their  lands,  culture,  traditions,  ana  the 
allocation  of  their  natural  resources.  In  addition,  they  complain  that  they  are  pre- 
vented from  owning  ancestral  lands  in  mountain  areas  under  the  authorities'  con- 
trol, some  of  which  have  been  designated  as  national  parks  or  conservation  areas. 
Land  rights  remain  a  crucial  issue  for  Aborigines,  along  with  social  discrimination, 
educational  under-achievement,  low  economic  status,  and  high  rates  of  alcoholism. 
Some  Aboriginal  leaders  have  come  to  believe  that  only  some  form  of  autonomy  can 
preserve  their  land  rights,  which  are  constantly  threatened  by  Han  developers  who 
use  connections  and  corruption  to  gain  title  to  Aboriginal  land.  According  to  MOI 
statistics,  only  about  50  percent  of  Aborigine  children  complete  elementary  school. 
In  the  past.  Aborigines  were  not  allowed  to  use  non-Chinese  personal  names  on 
legal  documents,  but  this  was  changed  by  legislation  in  1996. 

The  sale  of  Aboriginal  girls  into  prostitution  by  their  parents  is  a  serious  social 
problem  (see  Children  above).  However,  recent  reports  have  indicated  that  in  the 
period  from  June  1994  to  July  1995,  the  percentage  of  all  arrested  child  prostitutes 
who  were  of  Aboriginal  origin  dropped  from  15  percent  to  5  percent.  This  reduction 
may  have  come  about  due  to  intensive  efforts  on  the  part  of  social  workers  and  non- 
governmental organizations  to  combat  the  practice  of  selling  female  children  into 
prostitution. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — In  1995  the  Judicial  Yuan  decided  that  the  right  to 
organize  trade  unions  is  protected  by  the  Constitution.  But,  until  new  legislation  im- 
plementing this  decision  is  passed,  teachers,  civil  servants,  and  defense  industry 
workers  are  still  not  permitted  to  form  labor  unions.  Even  with  this  ruling,  there 
are  a  number  of  laws  and  regulations  limiting  the  right  of  association.  Labor  unions 
may  draw  up  their  own  rules  and  constitutions,  but  they  must  submit  these  to  the 
authorities  for  review.  Unions  may  be  dissolved  if  they  do  not  meet  certification  re- 
quirements or  if  their  activities  disturb  public  order.  However,  there  were  no  in- 
stances of  the  authorities  dissolving  local  labor  groups  or  denying  new  unions  cer- 
tification. 

The  Labor  Union  Law  requires  that  union  leaders  be  elected  regularly  by  secret 
ballot,  and,  in  recent  years,  workers  have  sometimes  rejected  KMT  or  management- 
endorsed  union  slates. 

Unions  may  form  confederations,  but  no  administrative  district,  including  a  city, 
county,  or  province,  can  have  competing  labor  confederations.  There  is  only  one  Tai- 
wan-wide labor  federation,  the  Chinese  Federation  of  Labor  (CFL)  which  is  closely 
associated  with  the  ruling  KMT.  In  August  Lee  Cheng-hung,  Board  Chairman  of  the 
CFL,  was  elected  to  the  KMT's  Central  Standing  Committee. 

The  restriction  on  island-wide  unions  was  challenged  in  1994  when  12  unions 
from  state-run  enterprises  announced  that  they  would  withdraw  from  the  CFL  and 
establish  a  new  national  federation  of  labor  unions  of  state-run  enterprises.  The 
Council  of  Labor  Affairs  (CLA)  turned  down  their  application,  as  well  as  the  appeal 
of  that  rejection.  In  the  meantime,  the  trade  unions  have  retained  their  seats  in  the 
CFL.  Twenty  trade  unions  with  a  combined  membership  of  4,000  are  affiliated  as 
the  National  Federation  of  Independent  Trade  Unionists.  Although  the  affiliates  are 
legal,  the  Federation  is  considered  illegal.  In  general,  the  drive  for  independent 
labor  unions  has  lost  momentum  in  recent  years  due  to  the  extremely  low  unem- 


763 

ployment  rates,  higher  wages,  the  shift  from  manufacturing  to  service  industries, 
the  small  scale  ana  poor  organization  of  most  unions,  and  prosecution  of  labor  activ- 
ists by  the  authorities  in  the  past. 

The  law  governing  labor  disputes  recognizes  the  right  of  unions  to  strike  but  im- 
poses restrictions  that  make  legal  strikes  difficult  and  seriously  weaken  collective 
bai^aining.  For  example,  the  authorities  require  mediation  oi  labor/management 
disputes  when  they  deem  the  disputes  to  be  sufficiently  serious  or  to  involve  Unfair 
practices."  The  law  forbids  both  labor  and  management  from  disrupting  the  "work- 
ing order"  when  either  mediation  or  arbitration  is  in  progress.  The  law  mandates 
stuT  penalties  for  violations  of  no-strike/no-retaliation  clauses.  Employers  in  the  past 
sometimes  ignored  the  law  and  dismissed  or  locked  out  workers  without  any  legal 
action  being  taken  against  them,  althou^  there  were  no  such  cases  reported  in 
1997.  The  CLA  reported  that  from  1990  to  August  1995,  there  were  31  strikes,  of 
which  22  involved  workers  at  bus  companies  asking  for  increased  pay  and  reduced 
hours.  There  were  no  strikes  recorded  in  1996.  One  strike  involving  a  pay  dispute 
at  a  trucking  company  occurred  in  July  1997. 

In  July  Tseng  Mao-hsing,  a  labor  activist,  was  convicted  of  creating  a  public  haz- 
ard and  sentenced  to  22  months'  incarceration.  Tseng  led  80  laid-ofi  workers  from 
a  garment  factory  to  lie  down  on  railroad  tracks  to  demand  severance  pay.  The  80 
workers  were  sentenced  to  4  years'  imprisonment,  but  the  sentences  were  suspended 
subject  to  their  subsequent  good  behavior. 

Taiwan  was  expelled  from  the  International  Labor  Organization  in  1971  when  the 
People's  Republic  of  China  replaced  Taiwan  in  the  United  Nations.  The  CFL  is  affili- 
atea  with  the  International  Confederation  of  Free  Trade  Unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Except  for  the  categories  of 
workers  noted  in  Section  6. a.,  the  I^bor  Union  Law  and  the  Settlement  of  Labor 
Disputes  Law  give  workers  the  right  to  organize  and  bargain  collectively.  As  of 
March,  some  3  million  workers,  approximately  32.1  percent  of  Taiwan's  9.4-million 
person  labor  force,  belonged  to  3,706  registered  labor  unions. 

Under  the  Labor  Union  Law,  employers  mav  not  refuse  employment  to,  dismiss, 
or  otherwise  unfairly  treat  workers  because  they  are  union  members.  In  practice, 
however,  union  leaders  have  sometimes  been  dismissed  without  reasonable  cause  by 
employers,  and  observers  point  out  that  the  law  sets  no  specific  penalties  for  viola- 
tions. According  to  the  illegal  National  Federation  of  Independent  Trade  Unionists, 
over  400  trade  unionists  and  supporters  have  been  fired  since  Taiwan's  labor  move- 
ment began  to  expand  after  the  1987  lifting  of  martial  law.  At  least  20  trade  union 
officers  were  discharged  by  employers  in  1997. 

Tlie  Collective  Agreements  Law  provides  for  collective  bargaining  but  does  not 
make  it  mandatory.  Since  such  agreements  are  made  only  in  large-scale  enterprises, 
and  less  than  5  percent  of  Taiwan's  enterprises  fall  into  this  category,  the  propor- 
tion of  workers  covered  remains  small.  Employers  set  wages  generally  in  accordance 
with  market  conditions. 

Firms  in  export  processing  zones  are  subject  to  the  same  laws  regarding  treat- 
ment of  labor  unions  as  other  firms  and  follow  normal  practices  including  collective 
bai^aining  agreements  with  their  unions. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Labor  Standards  Law  pro- 
hibits forced  or  compulsory  labor.  There  were  no  reports  of  these  practices,  apart 
from  coerced  prostitution  (see  Section  5).  The  law  prohibits  forced  and  bonded  labor 
by  children,  and  the  authorities  generally  enforce  this  prohibition  effectively.  How- 
ever, some  parents  of  Aboriginal  children  sell  them  into  prostitution,  and  the  re- 
quirements of  the  law  make  prosecution  difficult  at  times  (see  Section  5). 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  au- 
thorities prohibit  forced  and  bonded  child  labor  and  generally  enforce  this  prohibi- 
tion effectively,  although  the  sale  of  Aboriginal  children  into  prostitution  remains 
a  problem  (see  Section  6.c.).  The  Labor  Standards  Law  stipulates  age  15,  after  com- 
pmsory  education  required  by  law  ends,  as  the  minimum  age  for  employment.  Coun- 
ty and  city  labor  bureaus  enforce  minimum  age  laws. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Standards  Law  (liSL)  mandates 
labor  standards.  According  to  the  CLA,  the  law  covers  3.6  million  of  Taiwan's  6.3 
million  salaried  workers.  The  law  is  not  well  enforced  in  areas  such  as  overtime 
work  and  pay  or  retirement  payments. 

The  CLA  raised  the  minimum  monthly  wage  by  3.13  percent  to  $485  (NT$  15,840) 
effective  October  16.  While  sufficient  in  cheaper  areas,  this  is  less  than  what  is 
needed  to  assure  a  decent  standard  of  living  for  a  worker  and  family  in  metropolitan 
areas  such  as  Taipei.  However,  the  average  manufacturing  wage  is  more  than  dou- 
ble the  legal  minimum  wage,  and  the  average  for  service  industry  employees  is  even 
higher.  The  law  limits  the  workweek  to  48  hours  (8  hours  per  day,  6  days  per  week) 
and  requires  1  day  off  in  every  7  days. 


764 

The  1991  Revised  Occupational  Safety  and  Health  Law  enlarged  coverage  to  in- 
clude workers  in  agriculture,  fishing,  and  forestry  industries  and  appeared  to 
strengthen  penalties  for  safety  violations.  It  nevertheless  stiU  provides  oruy  minimal 
stanc&rds  for  woricing  conditions  and  health  and  safety  precautions.  The  Occupa- 
tional Safety  and  Health  Law  gives  workers  the  right  to  remove  themselves  from 
dangerous  woric  situations  without  jeopardy  to  continued  employment.  Some  critics, 
however,  see  the  law  as  a  step  backward;  for  example,  they  note  that,  under  the 
revised  law,  general  contractors  are  not  responsible  for  the  safety  of  those  working 
for  subcontractors. 

The  1993  Labor  Inspection  Law  was  designed  to  strengthen  the  enforcement  of 
labor  standards  and  health  and  safety  regulations.  It  increased  the  number  of  enter- 
prises and  types  of  safety  issues  to  be  inspected;  gave  inspectors  quasi-judicial  pow- 
ers; required  pre-examination  of  dangerous  workmg  places  such  as  naphtha-crack- 
ing plants,  pesticide  factories,  and  firecracker  factories;  and  raised  penalties  for  vio- 
lations. Critics  allege  that  the  CLA  does  not  effectively  enforce  wontplace  laws  and 
regulations  because  it  employs  too  few  inspectors.  There  are  212  inspectors  for  the 
approximately  300,000  enterprises  covered  by  the  Occupational  Safety  and  Health 
Law.  Because  the  new  law  expanded  coverage  to  include  more  enterprises,  the  in- 
spection rate  actually  declined.  Since  many  enterprises  are  small,  family-owned  op- 
erations employing  relatives  unlikely  to  report  violations,  actual  adherence  to  the 
hours,  wage,  and  safety  sections  of  various  labor  laws  is  hard  to  document  but  is 
believed  to  be  minimal  in  these  smaller  enterprises. 

Because  of  an  acute  labor  shortage,  there  has  been  a  legal  influx  of  foreign  work- 
ers in  the  last  several  years.  The  law  stipulates  that  foreign  workers  who  are  em- 
ployed legally  receive  the  same  protection  as  local  workers.  However,  authorities  say 
that  in  many  cases  illegal  foreign  workers,  many  from  Thailand  and  the  Philippines, 
receive  board  and  lodging  from  their  employers,  but  no  medical  coverage,  accident 
insurance,  or  other  benefits  enjoyed  by  citizens.  In  addition,  observers  say  that  con- 
ditions in  many  small  and  medium-sized  factories  that  employ  illegal  foreign  labor 
are  dangerous,  due  to  old  and  poorly  maintained  equipment.  It  was  reported  in  May 
that  foreign  workers  employed  in  digging  tunnels  were  discharged  and  returned  to 
their  home  countries  witnout  medical  treatment  when  they  exhibited  the  symptoms 
of  deconipression  sickness,  acquired  from  working  in  pressurized  casements  under- 
ground. In  contrast,  following  a  September  explosion,  the  media  reported  that  Thai 
workers  would  receive  medical  treatment  and  compensation  for  injuries  suffered  in 
the  accident  equivalent  to  that  received  by  citizens.  Illegal  foreign  workers  remain 
even  more  vulnerable  to  exploitation,  including  confiscation  of  passports,  imposition 
of  involuntary  deductions  from  wages,  and  extension  of  working  hours  without  over- 
time pay.  There  are  also  occasional  reports  of  mistreatment  of  legal  foreign  workers. 
According  to  available  statistics,  there  are  almost  246,000  legal  foreign  workers,  in- 
cluding approximately  137,000  workers  from  Thailand  and  95,000  workers  from  the 
Philippines.  The  unemployment  rate  among  citizens  in  mid-1997  was  2.6  percent, 
leading  the  CLA  to  suggest  relaxing  restrictions  on  the  number  of  foreign  workers 
entering  Taiwan  to  allow  an  additional  quota  of  38,000  individuals. 


FIJI 


Fiji  made  significant  progress  in  1997  toward  restoration  of  a  more  representative 
and  democratic  government  with  the  approval  of  an  amended  Constitution.  The  new 
legislation,  which  incorporated  the  work  of  the  independent  Constitutional  Review 
Commission,  was  unanimously  approved  by  both  houses  of  Parliament  and  was 
signed  into  law  on  July  25.  The  provisions  that  amend  the  1990  Constitution  en- 
courage multiethnic  government  while  protecting  traditional  Fijian  values.  Under 
the  amended  Constitution,  the  Prime  Minister  and  the  President  can  be  of  any  race, 
and  for  the  first  time,  in  addition  to  the  communally  allocated  seats,  there  will  be 
open  seats  not  allocated  to  any  racial  community  in  the  lower  house.  The  judiciary 
is  independent. 

The  Constitution  also  includes  a  strengthened  bill  of  rights  and  a  compact  de- 
signed to  protect  the  rights  of  all  citizens.  However,  it  preserves  the  paramountcy 
oiindigenous  Fijian  interests  which  cannot  be  subordinated  to  the  interests  of  other 
communities.  The  new  Constitution  is  to  come  into  effect  no  later  than  July  28, 
1998;  it  may  take  effect  sooner  once  all  implementing  legislation  is  approved.  Elec- 
tions must  take  place  no  later  than  1999. 

The  passage  of  this  legislation,  10  years  after  two  bloodless  military  coups,  is  ex- 
pected to  promote  greater  political  stability.  Nonetheless,  ethnicity  remains  a  domi- 
nant factor  in  Fijian  life  and  affects  the  country's  politics,  economy,  and  society.  The 


765 

population  is  a  multiracial,  multicultural  mix,  with  indigenous  Fijians  comprising 
51  percent,  Indo-Fijians  around  42  percent,  and  Asians  and  Caucasians  making  up 
the  rest  of  the  over  775,000  population.  The  racial  divide  is  particularly  evident  in 
the  private  and  public  sectors,  where  business  is  largely  controlled  by  Indo-Fijian 
families  while  government  ministries  and  the  military  are  largely  led  by  indigenous 
Fyians. 

The  Fyi  MUitary  Forces  (FMF),  a  small  professional  force,  comes  under  the  au- 
thority of  the  Ministry  for  Home  Affairs,  as  do  the  police.  A  separate  unit,  the  Fiji 
Intelligence  Service,  with  limited  statutory  powers  to  search  people  and  property, 
monitor  communications,  and  access  financial  records,  also  comes  under  authority 
of  the  Ministry.  There  continue  to  be  credible  reports  of  human  rights  abuses  by 
individual  police  officers. 

Sugar  and  tourism  constitute  the  mainstays  of  the  economy,  accounting  for  more 
than  naif  of  the  nation's  foreign  exchange  earnings.  The  Government  is  seeking  to 
develop  the  service  and  light  manufacturing  industries.  Private  investment  is  in- 
creasing after  several  stagnant  years,  but  is  still  well  below  the  12  percent  gross 
domestic  product  level  achieved  prior  to  the  political  disturbances  in  1987. 

The  principal  human  rights  problem,  while  significantly  addressed  in  the  revised 
Constitution,  remains  ethnically  based  discrimination.  Although  the  new  constitu- 
tional provisions  reduce  the  factors  that  abridge  the  right  of  citizens  to  change  their 
government,  there  is  continuing  protection  for  indigenous  Fijian  interests  throu^ 
government  hiring  practices,  education  policies,  land  tenure  preferences,  and  con- 
stitutional safeguards.  Other  human  rights  problems  include  occasional  police  bru- 
tality, a  magistrate  system  that  fails  to  perform  its  functions  effectively,  informal 
constraints  on  the  freedom  of  the  press,  discrimination  and  cases  of  violence  against 
women,  and  instances  of  abuse  of  children. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Police  sometimes  abuse  detainees;  the  authorities  have  punished  some  of  the  offend- 
ing officers,  but  these  punishments  have  not  been  sufficient  to  deter  all  police 
abuses.  The  Police  Department's  internal  affairs  unit  investigates  complaints  of  po- 
lice brutality  and  is  working  with  the  Ombudsman's  office  to  ensure  impartial  ob- 
servers in  the  investigation  of  complaints  about  police  conduct. 

Prison  authorities  have  struggled  to  meet  minimum  international  standards, 
within  the  limits  of  local  financial  restraints.  Prison  conditions  are  Spartan,  and 
food  and  sanitation  are  limited.  The  Government  permits  visits  to  prisons  by  church 
groups  and  family  members. 

The  law  permits  corporal  punishment  as  a  penalty  for  criminal  acts,  but  this  pro- 
vision is  seldom  invoked. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Law  of  Arrest  and  Detention  pro- 
vides that  a  person  may  be  arrested  only  if  police  believe  that  a  breach  of  the  crimi- 
nal law  has  been  or  is  about  to  be  committed.  Arrested  persons  must  be  brought 
before  a  court  without  "undue  delay."  This  requirement  is  taken  to  mean  within  24 
hours,  with  48  hours  as  the  exception  (such  as  when  an  arrest  is  made  over  the 
weekend).  Rules  governing  detention  are  designed  to  ensure  fair  questioning  of  sus- 
pects. Defendants  have  the  right  to  a  judicial  review  of  the  grounds  for  arrest;  in 
urgent  cases,  defendants  may  apply  to  a  judge  at  any  time,  whether  he  is  sitting 
or  not.  Incommunicado  and  arbitrary  detention,  both  illegal,  did  not  occur. 

Exile  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  independent  under  the  Constitu- 
tion and  in  practice.  There  were  no  credible  reports  of  courts  having  been  influenced 
by  the  executive. 

The  judicial  structure  is  patterned  on  the  British  system.  The  principal  courts  are 
the  magistrate  courts,  the  High  Court,  the  Court  of  Appeal,  and  the  Supreme  Court. 
There  are  no  special  courts;  military  courts  try  only  members  of  the  armed  forces. 
Magistrate  courts  continue  to  try  the  large  majority  of  cases.  In  addition  to  its  juris- 
diction in  serious  civil  and  criminal  cases,  the  Hi^  Court  is  granted  special  interest 
jurisdiction  on  behalf  of  the  public  and  is  empowered  to  review  alleged  violations 
of  individual  rights  provided  by  the  Constitution. 

Defendants  have  the  right  to  a  public  trial  and  to  counsel.  Trials  in  the  High 
Court  provide  for  the  presence  of  assessors  (citizens  randomly  selected  to  represent 
the  community);  cases  in  magistrate  court  do  not.  In  litigation  involving  lesser  com- 


766 

plaints,  a  public  legal  advisor  assists  indigent  jiersons  in  domestic  or  family  law 
cases.  The  right  of  appeal  exists  but  is  hampered  by  continuing  delays  in  the  ap- 
peals process.  Bail  procedures  mean  that  most  defendants  do  not  experience  any 
pretrial  detention. 

The  law  sometimes  treats  women  differently  from  men.  In  some  instance.,  there 
is  a  presumption  of  reduced  competence  and  thus  reduced  responsibility.  For  exam- 
ple only  women  can  be  charged  with  infanticide  (if  a  man  kills  an  infant  the  act 
18  treated  as  murder,  a  more  serious  charge).  A  woman  in  an  infanticide  case  is  pre- 
sumed to  have  diminished  mental  capacity,  and  sentences  are  reduced  or  suspended 
accordingly. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — In  gen- 
eral the  Government  respects  the  privacy  of  the  home.  However,  the  Intelligence 
Service  has  powers,  within  specific  operational  guidelines,  to  search  people  and 
property,  access  private  financial  records,  and  monitor  mail  and  telephones  when  a 
warrant  is  issued  by  the  National  Security  Council.  The  Intelligence  Service  con- 
ducts surveillance  oi  persons  it  believes  represent  a  security  threat. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Freedom  of  speech  is  generally  respected.  The 
Government  at  times  criticizes  the  media  for  its  coverage  of  sensitive  issues,  par- 
ticularly if  the  Government  perceives  the  coverage  as  resulting  in  a  diminution  of 
respect  for  authority.  There  are  credible  reports  of  attempts  by  individual  members 
of  the  Government  to  pressure  editors  or  otherwise  interfere  with  the  independence 
of  the  press. 

Nevertheless,  political  figures  and  private  citizens  can  and  do  speak  out  against 
the  Government.  Although  the  Public  Order  Act  and  other  acts  prohibit  actions  that 
are  likely  to  incite  racial  antagonism,  there  were  no  reported  arrests  for  such  public 
statements. 

Legislation  p>ertaining  to  the  press  is  contained  in  the  Newspaper  Registration  Act 
(NRA)  and  the  Press  Correction  Act  (PCA).  Under  the  NRA,  all  newspapers  must 
be  registered  with  the  Government  before  they  can  publish.  Although  the  Govern- 
ment nas  never  used  the  PCA,  the  act  gives  the  Minister  of  Information  sole  discre- 
tionary power  to  order  a  newspaper  to  publish  a  "correcting  statement"  if,  in  the 
Ministers  opinion,  a  false  or  distorted  article  has  been  publisned.  Should  the  news- 

f>aper  refuse  to  publish  the  Minister's  correction,  it  can  be  taken  to  court,  and  if 
bund  guilty,  fined  approximately  $700  (individual  persons  convicted  under  the  act 
may  be  fined  approximately  $150  or  imprisoned  for  6  months  or  both).  The  PCA  al- 
lows the  Government  to  arrest  anyone  who  publishes  "malicious"  material.  This  in- 
cludes anything  the  (jovemment  considers  false  news  that  could  create  or  foster 
public  alarm  or  result  in  "detriment  to  the  public." 

The  media  operate  without  prior  censorship  but  with  considerable  self-censorship. 
Newspapers  occasionally  print  editorials  critical  of  the  (jovemment  but  rarely  do  in- 
vestigative reporting.  They  widely  report  statements  about  the  political  situation  by 
opposition  figures  and  foreign  governments.  The  letters-to-the-editor  columns  of  the 
two  daily  newspapers  also  frequently  carry  political  statements  from  a  wide  cross 
section  of  society,  including  members  of  the  deposed  precoup  government,  which  are 
highly  critical  of  the  Government,  its  programs,  and  the  Constitution.  Criticism,  al- 
beit muted,  of  the  once  sacrosanct  traditional  chiefly  system  is  appearing  more  fre- 
quently. However,  the  Government  still  views  comments  about  individual  chiefs 
with  disfavor. 

An  active  local  organization,  the  Fiji  Islands  Media  Association  (FIMA),  is  an  affil- 
iate of  the  regional  Pacific  Islands  News  Association  (PINA).  Both  FIMA  and  PENA 
are  pressing  for  better  training  and  the  establishment  of  codes  of  ethics  for  journal- 
ists. In  a  show  of  tangible  support  for  strengthening  the  media,  the  Government  has 
unconditionally  provided  space  for  housing  the  Fiji  Journalism  Training  Institute. 
The  formerly  dormant  Fyi  News  Council  has  been  reorganized  and  is  now  active 
again.  The  Council  strives  to  promote  high  journalistic  standards,  enhance  the 
image  of  the  media,  safeguard  its  independence,  and  resolve  complaints  from  the 
public. 

Fiji's  television  news  production  is  owned  and  operated  by  Fiji  One,  the  only 
noncable  television  station.  Fiji  One,  in  turn  is  owned  by  private  individuals  and 
interests,  and  51  percent  by  a  trust  operating  on  behalf  of  Fiji's  provincial  govern- 
ments. Tlie  (jrovemment's  attempt  to  ojaen  the  television  market  to  new  entrants  is 
being  challenged  in  court. 

While  academic  freedom  is  respected,  the  Government  has  effectively  deterred 
university  employees  from  participation  in  domestic  politics.  Since  1991  staff  mem- 
bers of  the  Fiji-based  University  of  the  South  Pacific  must  take  leave  if  they  run 


767 

for  public  oflice  and  must  resign  from  their  university  positions  if  elected.  Senior 
staff  cannot  hold  oflice  in  political  parties.  Student  groups  organize  freely. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  the 
right  to  assemble  for  political  purposes,  subject  to  restrictions  in  the  interest  ofpub- 
lic  order.  Permits  for  public  gatherings  must  be  obtained  from  the  district  officer. 
The  Grovemment  does  not  always  grant  permits  for  large  outdoor  political  meetings 
or  demonstrations,  particularly  if  the  police  advise  of  difficulties  with  the  antici- 
pated crowd  size  or  their  ability  to  assure  public  safety. 

The  Government  routinely  issued  permits  for  rallies  organized  by  political  parties, 
religious  groups,  and  groups  opposed  to  government  policies. 

Ml  opposition  party  headquarters  operate  without  government  interference.  Politi- 
cal organizations  operate  and  issue  public  statements  and  did  so  repeatedly  and 
openly  throughout  the  year. 

c.  Freedom  of  Religion. — The  Constitutional  provision  of  freedom  of  religion  is 
honored  in  practice.  The  Government  does  not  restrict  foreign  clergy  and  missionary 
activity  or  other  typical  activities  of  religious  organizations. 

There  were  allegations  that  police  were  slow  to  respond  to  incidents  of  desecration 
of  Hindu  temples  (see  Section  5). 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  does  not  restrict  freedom  of  movement  within  the 
country  or  abroad.  Occasional  detentions  at  the  airport  occur,  but  the  courts  order 
redress  where  this  is  warranted.  Citizens  are  free  to  emigrate,  and  over  40,000  have 
done  so  since  1987.  The  Government  does  not  restrict  their  return  if  they  choose 
to  do  so,  and  has,  in  fact,  encouraged  those  who  left  after  the  coups  to  return. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. In  the  past  it  has  been  reluctant  to  grant  first  asylum  without  assurances 
that  the  asylum  seeker  would  be  moved  to  a  third  country. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  constitutional  amendment  bill  passed  unanimously  by  both  houses  of  Par- 
liament is  a  signiflcant  step  toward  the  restoration  of  a  more  representative  and 
democratic  government.  The  amended  Constitution,  which  is  to  come  into  force  after 
all  implementing  legislation  is  enacted,  reduces  the  ethnically-based  factors  that 
abridge  the  right  of  citizens  to  change  their  government.  Under  its  provisions  the 

Srime  minister  and  president  can  be  of  any  race.  It  establishes  a  71-member  lower 
ouse  with  25  open  seats  and  46  seats  allocated  to  different  ethnic  communities. 
The  open  seats,  which  are  unprecedented,  are  to  be  established  by  an  electoral  com- 
mission and  apportioned  into  di.stricts  of  approximately  equal  population.  Of  the  46 
communal  seats,  23  are  allotted  to  indigenous  Fijians,  19  to  Inao-Fijians,  3  are  "gen- 
eral voter"  (for  the  most  part  Caucasians  and  East  Asians)  seats,  and  1  is  allotted 
to  the  Rotumans  (an  ethnically  distinct  Polynesian  people),  roughly  proportional  to 
the  different  communities  representation  in  the  population.  The  amended  Constitu- 
tion also  contains  an  alternate  vote  system  for  elections  to  the  lower  house,  to  re- 
place the  winner  takes  all  system  of  the  previous  constitution.  Although  the  Review 
Commission  recommended  a  mostly  elected  Senate  it  remains  an  appointed  body; 
the  President  appoints  its  32  members  with  the  Great  Council  of  Chiefs  nominating 
14  members,  the  Prime  Minister  9,  the  opposition  leader  8,  and  the  Council  of 
Rotuma  1  member. 

Included  in  the  amended  Constitution  is  a  strengthened  bill  of  rights  and  a  com- 
pact among  the  people  to  protect  their  respective  rights  and  interests,  which,  how- 
ever, acknowledges  that  the  paramountcy  of  indigenous  Fijian  interests  can  not  be 
subordinated  to  the  interests  of  other  communities.  Parliament  retains  broad  emer- 
gency powers  that  can  be  invoked  if  there  is  a  threat  to  the  life  of  the  nation.  These 
powers  could  infringe  upon  universally  accepted  rights  and  privileges  contained  in 
the  bill  of  rights  in  the  Constitution. 

Fiji  has  a  number  of  active  political  parties.  The  ethnic  Fijian  SVT  (or  Fijian  Po- 
litical Party)  forms  the  core  of  the  (jovernment's  parliamentary  majority.  The  Fijian 
Association  Party  joined  the  government  coalition  during  the  year.  Two  other  small 
parties  representing  primarily  Caucasians  and  Asians,  also  have  members  included 
in  the  Cabinet.  Two  predominantly  Indo-Fijian  parties,  the  National  Federation 
Party  (NFP)  and  the  Fiji  Labour  Party  (FLP)  make  up  most  of  the  opposition.  The 
leader  of  the  opposition  is  the  parliamentary  leader  of  the  NFP.  Discussions  were 
held  among  the  parties  regarding  a  future  multiethnic  government,  as  prescribed 
in  the  amended  Constitution,  following  the  next  general  elections. 

Women  in  both  the  Fijian  and  Indian  communities  have  functioned  primarily  in 
traditional  roles,  although  an  increasing  number  of  women  are  rising  to  prominent 


768 

positions  in  politics  and  public  service.  Five  women  sit  in  Parliament.  The  two 
women  in  the  lower  house  are  members  of  the  Cabinet,  with  one  the  Deputy  Prime 
Minister.  Women  also  play  an  important  role  in  Fiji's  chiefly  system  and  can  be 
chiefs  in  their  own  right.  The  President's  wife  is  one  of  Fiji's  three  highest  ranking 
chiefs. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  no  local  groups  that  focus  solely  on  human  rights  matters,  but  the  wom- 
en's rights  movement,  the  labor  movement,  and  various  political  groups  (including 
organized  political  parties)  are  engaged  in  promoting  human  rights.  There  are  also 
several  small,  foreign-based  organizations  tnat  concentrate  on  human  rights  causes 
in  Fiji,  including  the  Coalition  for  Democracy  in  Fiji  (with  oflices  in  New  Zealand 
and  Australia)  and  two  United  Kingdom-based  groups,  the  International  Fiji  Move- 
ment and  the  Movement  for  Democracy  in  Fiji. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  amended  Constitution  prohibits  discrimination  on  the  basis  of  race,  sex,  place 
of  origin,  political  opinion,  color,  religion,  or  creed,  and  provides  specific  affirmative 
action  provisions  for  those  disadvantaged  as  a  result  of  such  discrimination.  In  the 
compact  included  in  the  amended  Constitution,  there  is  specific  provision  for  affirm- 
ative action  and  "social  justice"  programs  to  secure  effective  equality  of  access  to  op- 
portunities, amenities,  and  services  for  the  Fijian  and  Rotuman  people,  and  for  all 
disadvantaged  citizens  and  groups. 

Women. — Women  in  Fiji  are  actively  addressing  the  problem  of  domestic  violence. 
Reliable  estimates  indicate  that  10  percent  of  women  have  been  abused  in  some 
way,  and  this  abuse  is  a  major  focus  of  the  women's  movement.  Fiji  police  have 
adopted  a  "no  drop"  rule,  according  to  which  they  will  prosecute  cases  of  domestic 
violence  even  when  the  victim  does  not  wish  to  press  charges. 

There  is  a  small  but  active  women's  rights  movement,  which  has  pressed  for  more 
serious  punishment  for  rape.  Courts  have  imposed  sentences  that  vary  widely  but 
are  generally  lenient.  Women  have  sought  to  have  all  rape  cases  heard  in  the  High 
Court  where  sentencing  limits  are  higher. 

Suva,  the  capital,  and  Ba,  Labasa,  and  Lautoka  have  privately  funded  women's 
crisis  centers,  which  offer  counseling  and  assistance  to  women  in  cases  of  rape,  do- 
mestic violence,  and  other  problems,  such  as  child  support  payments.  There  is,  over- 
all, a  growing  awareness  oi  the  abuse  of  women's  rights. 

Constitutional  changes  approved  in  1997  are  designed  to  redress  the  imbalance 
that  existed  previously  in  which  spousal  and  offspring  rights  differed  for  male  and 
female  citizens.  Under  the  amended  Constitution,  male  and  female  citizens  are  to 
enjoy  equal  rights  relating  to  the  granting  of  residence  for  spouses,  registration  of 
children,  and  racial  designation  of  offspring  with  regard  to  electoral  rolls  and  ethnic 
communal  property. 

In  general  women  in  the  Fijian  community  are  more  likely  to  rise  to  prominence 
in  their  own  right  than  are  women  in  the  Indo-Fijian  community.  Women  have  full 
rights  of  property  ownership  and  inheritance,  and  a  number  have  become  successful 
entrepreneurs.  Women  are  generally  paid  less  than  men,  a  discrepancy  that  is  espe- 
cially notable  in  the  garment  industry.  Garment  workers,  most  of^  whom  are  female, 
are  subject  to  a  special  minimum  wage  that  is  considerably  lower  than  that  in  other 
sectors. 

Children. — The  (jovemment  is  committed  to  children's  rights  and  welfare  but  has 
limited  financial  resources  to  carry  out  the  commitment.  In  addition  the  legal  sys- 
tem is  at  times  inadequate  to  protect  the  rights  of  children,  as  children's  testimony 
is  inadmissible  unless  corroborated  by  an  adult.  Societal  changes  have  undermined 
the  traditional  village  and  extended  family  based  social  structures — an  outgrowth 
of  this  evolution  has  been  a  child  abuse  problem.  The  (jovemment  in  1993  created 
a  Child  Welfare  Committee  to  address  these  problems,  but  it  is  likely  to  remain  re- 
luctant to  become  directly  involved  in  what  are  generally  perceived  to  be  "family 
matters." 

Corporal  punishment  is  widely  administered  in  schools  and  at  home.  The  Ministry 
of  Education  has  guidelines  for  the  administration  of  such  punishment  by  principals 
and  head  teachers.  A  number  of  incidents  involving  alleged  beatings  of  children  in 
religious  schools  were  reported  in  the  media.  In  at  least  one  instance,  a  family  insti- 
tuted court  action  against  a  teacher  who  reportedly  beat  a  child  for  lack  of  dis- 
cipline. There  is  credible  information  that  not  all  abuses  are  reported  or  punished. 

People  With  Disabilities. — Legal  discrimination  against  physically  disaoled  per- 
sons in  employment,  education,  and  the  provision  of  other  state  services  does  not 


769 

exist.  However,  there  is  no  legislation  or  mandated  provision  for  accessibility  for  the 
disabled.  Several  small  voluntary  organizations  promote  greater  attention  to  the 
needs  of  the  disabled. 

Religious  Minorities. — ^A  small  number  of  Hindu  temples  were  desecrated  during 
the  year.  Some  perpetrators  were  arrested  and  convicted  (see  Section  2.c.). 

National  I  Racial  I  Ethnic  Minorities. — ^The  stated  purpose  of  the  1987  military 
coups  was  to  ensure  the  political  supremacy  of  the  indigenous  Fijian  people  and  to 
protect  their  traditional  way  of  life  and  communal  control  of  land.  To  this  end,  the 
Government  initiated  a  number  of  constitutional  and  other  measures  to  ensure  eth- 
nic Fijian  control  of  the  executive  and  legislative  branches  (see  Section  3).  The  Gov- 
ernment also  successfully  raised  the  proportion  of  ethnic  Fijians  and  Rotumans  in 
the  public  service  to  50  percent  or  higher  at  all  levels,  but  most  dramatically  at  the 
senior  level:  Indo-Fijians  now  represent  only  10  percent  of  the  highest  levels  of  the 
civil  service.  The  amended  Constitution  seeks  to  redress  this  imbalance  by  specifi- 
cally noting  that  "the  composition  of  state  services  at  all  levels  must  be  based  on 
the  principle  of  reflecting  as  closely  as  possible  the  ethnic  composition  of  the  popu- 
lation." 

Control  of  land  is  a  highly  sensitive  issue.  Ethnic  Fijians  currently  hold, 
communally,  about  83  percent  of  land,  the  State  holds  another  8  percent,  and  only 
the  remaining  9  percent  is  freehold  land.  The  British  colonial  administration  insti- 
tuted the  present  land  ownership  arrangements  to  protect  the  interests  of  the  indig- 
enous Fijians  whose  traditional  oeliefs,  cultural  values,  and  self-identity  are  tied  to 
the  land.  Most  cash  crop  farmers  are  Indo-Fijians,  who  lease  land  from  the  ethnic 
Fyian  landowners  through  the  Native  Land  Trust  Board.  Many  Indo-Fijians,  par- 
ticularly farmers,  believe  that  the  absence  of  secure  land  tenure  discriminates 
against  them.  Between  1997  and  2000,  most  current  leases  will  expire.  A  cabinet 
subcommittee  was  established  to  review  agricultural  land  tenure  agreements  issues, 
and  it  is  expected  that  this  group  will  be  expanded  to  a  parliamentary  select  com- 
mittee and  will  include  representatives  from  all  interested  political  parties. 

Indo-Fijians  are  subject  to  occasional  harassment  based  on  race.  There  have  been 
no  credible  allegations  of  government  involvement  in  such  incidents,  which  the  po- 
lice have  investigated,  sometimes  resulting  in  arrests. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  protects  the  right  of  workers  to  form  and 
join  unions,  elect  their  own  representatives,  publicize  their  views  on  labor  matters, 
and  determine  their  own  policies,  and  the  authorities  respect  these  rights  in  prac- 
tice. However,  the  law  permits  restrictions  to  be  applied  in  government  employment 
and  in  the  interests  of  defense,  public  safety,  public  order,  public  morality,  or  public 
health,  or  to  protect  the  rights  and  freedoms  of  other  persons.  An  estimated  55  per- 
cent of  the  paid  work  force  is  unionized. 

AU  unions  must  register  with,  but  are  not  controlled  by,  the  Government.  The 
only  central  labor  body  is  the  Fiji  Trade  Union  Congress  (FTUC),  which  was  closely 
associated  with  the  opposition  Fiji  Labour  Party  until  mid- 1992.  It  currently  takes 
a  more  independent  political  stance.  The  FTUC  is  free  to  associate  internationally 
and  does  so.  The  labor  movement  is  led  largely  by  Indo-Fijians,  with  ethnic  Fijians 
beginning  to  assume  leadership  roles.  Persons  with  close  ties  to  the  Government 
have  organized  rival  unions  primarily  for  ethnic  Fijians. 

In  1994  Parliament  completed  a  2-year  process  of  reforming  labor  legislation  by 
amending  several  acts.  The  changes  include  the  elimination  of  a  ban  on  a  person 
holding  multiple  union  officer  positions  and  the  elimination  of  restrictions  on  seek- 
ing international  support  on  labor  issues.  The  FTUC  is  presently  reconsidering  its 
decision  not  to  participate  in  the  Government's  Tripartite  Economic  Strategies  Com- 
mittee, due  to  an  improved  government-labor  dialogue. 

Strikes  are  legal,  except  in  connection  with  union  recognition  disputes.  The  Gov- 
ernment remains  involved  in  certifying  union  strike  balloting,  which  can  be  an 
elaborate  process  given  the  distance  between  some  of  the  island  locations.  The  sugar 
industry  was  affected  by  a  nationwide  strike  that  lasted  for  approximately  2  weelcs. 
Labor  unrest  continued  thereafter  in  the  industry. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  recognizes  the  right 
to  organize  and  bargain  collectively.  Employers  are  required  to  recognize  a  union 
if  more  than  half  of  the  employees  in  a  workplace  have  joined  it.  Recognition  is  de- 
termined by  union  membersnip  rather  than  by  an  election.  The  Government  has  the 
power  to  order  recalcitrant  employers  to  recognize  unions  and  has  done  so.  Key  sec- 
tors of  the  economy,  including  sugar  and  tourism,  are  heavily  organized.  Following 
the  May  1992  return  to  accountable  government,  the  Government  lifted  wage  guide- 
lines, and  unrestricted  collective  bargaining  on  wages  is  now  the  norm. 


770 

Wage  negotiations  are  still  generally  conducted  on  an  individual  company  or  en- 
terprise basis,  although  negotiations  on  an  industrywide  basis  are  on  tne  increase. 
A  government  proposal  to  mtroduce  such  negotiations  has  been  supported  by  em- 
plovers  but  opposed  by  unions. 

The  law  specifically  prohibits  antiunion  discrimination.  In  practice  the  unions 
generally  are  successml  in  preventing  discrimination  against  workers  for  union  ac- 
tivities, but  the  law  does  not  mandate  that  fired  workers  be  reinstated. 

Export  processing  zones  (EPZ's)  are  subject  to  the  same  law  as  the  rest  of  the 
country.  The  FTUC,  however,  has  been  unsuccessful  in  obtaining  collective  bargain- 
ing agreements  in  EPZ's  and  claims  that  intimidation  of  workers  by  employers  is 
widespread.  The  FTUC  sees  union  recognition  as  the  single  labor/management  issue 
that  does  not  have  effective  legal  recourse.  The  FTUC  argues  that  because  of  alleged 
illegal  and  intimidatory  practices  in  EPZ's,  including  threats  of  loss  of  work  for 
those  active  in  oi]^nizing  workers,  the  FTUC  is  unfairly  prevented  from  represent- 
ing workers  in  EPZ's. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  specifically  pro- 
hibits forced  labor,  including  forced  and  bonded  labor  by  children,  and  there  is  no 
indication  that  it  is  practiced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Ernployment. — Children 
under  the  age  of  12  may  not  be  employed  in  any  capacity.  "Children"  (under  age 
15)  and  "Voung  persons"  (ages  15  to  17)  may  not  be  employed  in  industry  or  work 
with  machineiy.  Enforcement  by  the  Ministry  for  Labour  and  Industrial  Relations 
generally  is  effective,  except  for  family  members  working  on  family  farms  or  busi- 
nesses and  "self-employed"  homeless  youths. 

The  Government  prohibits  forced  and  bonded  labor  by  children  and  enforces  this 
prohibition  effectively  (see  Section  6.c.).  School  is  not  mandatory. 

e.  Acceptable  Conditions  of  Work. — There  is  no  national  minimum  wage.  Certain 
sectors  have  minimum  wages  set  by  the  Ministry  for  Labour  and  Industrial  Rela- 
tions, which  effectively  enforces  them.  Minimum  wage  levels  will  generally  support 
a  barely  adequate  standard  of  living  for  a  worker  and  family  in  all  sectors  except 
for  the  garment  industry,  in  which  the  starting  hourly  wage,  $0.50  (FJ$0.72)  for 
learners  and  $0.65  (FJ$0.94)  for  others,  is  based  on  the  assumption  that  workers 
are  young  adults  or  married  women  living  at  home  and  not  supporting  a  household. 

There  are  no  regulations  specifying  maximum  hours  of  work  for  adult  males. 
Women  can  do  night  work  in  factories  and  overtime  but  are  prohibited  from  under- 
ground work  in  mines.  Certain  industries,  notably  transportation  and  shipping, 
have  problems  with  excessive  hours  of  work.  Indo-Fijians,  who  generally  require  a 
cash  income  to  survive,  are  more  vulnerable  to  pressure  to  wont  long  nours  than 
are  ethnic  Fijians.  Many  ethnic  Fijians  can  and  do  return  to  their  villages  rather 
than  work  what  they  consider  excessive  hours.  Particularly  in  the  garment  industry, 
migrant  workers,  predominantly  Chinese  or  Filipino,  are  increasing  in  number 
(presently  estimated  at  around  1,000-2,000  persons)  and  are  a  largely  unregulated 
work  force. 

There  are  workplace  safety  regulations,  a  Workmen's  Compensation  Act,  and  an 
accident  compensation  plan.  Awards  for  workers  injured  on  the  job  are  set  by  a  tri- 
bunal. Government  enforcement  of  safety  standards  under  tne  direction  of  the 
Labour  Ministry  suffers  from  a  lack  of  trained  enforcement  personnel,  but  unions 
do  a  reasonable  job  of  monitoring  safety  standards  in  organized  workplaces.  The 
International  Labor  Organization  s  (ILO)  1992  recommendations  cited  the  need  to 
improve  working  conditions,  particularly  in  the  garment  industry.  The  Government, 
supported  by  the  FTUC,  passed  occupational  health  and  safety  legislation  which 
came  in  to  effect  in  November.  The  Government  continues  to  work  with  the  ILO  to 
address  working  conditions. 


INDONESIA 

Despite  a  surface  adherence  to  democratic  forms,  the  Indonesian  political  system 
remains  strongly  authoritarian.  The  Government  is  dominated  by  an  elite  compris- 
ing President  Soeharto  (now  in  his  sixth  5-year  term),  his  close  associates,  and  the 
military.  The  (jovemment  requires  allegiance  to  a  state  ideology  known  as 
"Pancasila,"  which  stresses  consultation  and  consensus,  but  is  also  used  to  limit  dis- 
sent, to  enforce  social  and  political  cohesion,  and  to  restrict  the  development  of  oppo- 
sition elements.  The  judiciary  is  effectively  subordinated  to  the  executive  and  the 
military  and  suffers  from  corruption. 

The  primary  mission  of  the  450,000-member  armed  forces,  which  includes  175,000 
police,  is  maintenance  of  internal  security  and  stability.  Despite  a  decrease  in  the 


771 

number  of  active  or  retired  military  officers  in  key  government  positions,  the  mili- 
tary retained  substantial  nonmiltary  powers  under  a  "dual  function"  concept  that 
accords  it  a  political  and  social  role  in  developing  the  nation."  The  military  and  the 
police  continued  to  commit  numerous  human  rights  abuses. 

The  currency  crisis  that  hit  the  region  in  the  middle  of  the  year  slowed  the  expan- 
sion of  the  economy  which  had  been  vigorous  and  rapid  in  past  years.  The  benefits 
of  economic  development  are  widely  dispersed  and  living  standards  have  risen  sig- 
nificantly, but  a  large  segment  of  the  population  remains  poor.  Pervasive  corruption 
remains  a  problem.  Sporadic  unrest  led  to  stronger  demands  that  the  Government 
act  more  effectively  to  address  social  and  economic  ineauities.  In  rural  areas,  dis- 
content often  focused  on  the  grievances  of  small  land  owners — especially  those 
forced  off  their  land  by  powerfm  economic  and  military  interests.  In  some  regions, 
exploitation  of  natural  resources  has  entailed  significant  environmental  degradation 
with  adverse  social  consequences. 

The  Government  continued  to  commit  serious  human  rights  abuses.  Rising  pres- 
sures for  change  from  political  activists  and  opponents  met  tough  government  reac- 
tions prior  to  the  May  general  election.  The  Government  demonstrated  that  it  would 
not  tolerate  challenges  to  the  fundamental  elements  of  the  political  system  by  ar- 
resting and  placing  on  trial  some  of  its  critics.  The  authorities  maintained  their 
tight  grip  on  the  political  process,  and  in  the  May  parliamentary  election,  as  in  the 

Srevious  five  held  since  1971,  denied  citizens  the  ability  to  change  their  government 
emocratically.  The  structure  of  the  political  system  continued  to  ensure  victory  for 
the  ruling  GOLKAR  pairty,  which  secured  its  biggest  win  ever.  The  Government  did 
not  permit  the  ousted  Indonesian  Democratic  Party  (PDI)  leader  Megawati 
Sukarnoputri  and  her  supporters  to  run  in  the  general  election  or  to  make  common 
cause  with  the  Muslim-oriented  United  Development  Party  (PPP).  The  election  and 
campaign  were  marred  by  credible  allegations  of  fraud  as  well  as  by  sporadic,  yet 
significant,  violence  between  parties,  including  the  government-sponsored  GOLKAR 
organi2ation.  Security  forces  continued  extrajudicial  killings,  including  of  unarmed 
civilians,  disappearances,  torture  and  mistreatment  of  detainees,  and  arbitrary  ar- 
rests and  detention.  In  practice  legal  protections  against  torture  are  inadequate. 
Prison  conditions  remained  harsh.  The  judiciary  is  pervaded  by  corruption,  and  re- 
mains subordinated  to  the  executive  branch,  which  uses  the  courts  to  prosecute  gov- 
ernment critics  and  political  opponents.  Most  courts  refused  to  hear  the  lawsuits 
filed  throughout  Indonesia  by  Megawati  Sukarnoputri  and  her  supporters  protesting 
her  ouster  as  PDI  leader,  although  a  few  at  a  preliminary  level  acceptea  the  case 
and  ruled  in  her  favor.  Security  forces  regularly  violated  citizens'  right  to  privacy. 
The  Government  continued  to  impose  serious  limitations  on  freedom  of  speech  and 
restrict  press  freedom,  although  at  year's  end  government  critics  were  speaking  out 
more  boldly.  The  Government  exercises  indirect  control  over  the  press  and  uses  in- 
timidation to  suppress  hostile  commentary  and  encourages  self-censorship.  Mild 
criticism  of  the  Government  was  tolerated,  but  critics  of  the  President,  senior  offi- 
cials, or  powerful  local  interests  risked  harassment  or  arrest.  Despite  these  prob- 
lems, the  print  media  provided  wide  coverage  of  political  issues  and  reports  of 
human  rights  violations.  Fourteen  young  activists  belonging  to,  or  associated  with, 
the  small,  unauthorized,  People's  Democratic  Party  (PRD)  were  convicted  of  subver- 
sion based  mostly  on  their  writings,  speeches,  and  organizational  activities.  Inde- 
pendent labor  leader  Muchtar  Pakpahan  faced  subversion  charges  based  mainly  on 
expression  of  his  political  views  but  also  including  his  labor  activities.  Former  par- 
liamentarian Sri  Bintang  Pamungkas  was  brou^t  to  trial  in  December  under  the 
Antisubversion  Law  for  the  political  views  and  actions  of  his  unrecognized  Indo- 
nesian Democratic  Union  Party  (PUDI).  Parliamentarian  Aberson  Marie  Sihalolo 
was  sentenced  to  9  months  in  prison  for  allegedly  insulting  the  President  and  mili- 
tary in  remarks  made  at  a  "free  speech  forum"  in  July  1996  at  the  former  PDI  head- 
quarters. An  assistant  to  the  author  of  a  book  banned  by  the  Government  was 
brought  to  trial  for  his  role  in  its  publication. 

The  Government  continued  to  impose  serious  limitations  on  freedom  of  assembly 
and  association.  It  prevented  or  broke-up  meetings  of  nongovernmental  organiza- 
tions (NGO's)  and  labor  unions,  as  well  as  peaceful  demonstrations,  sometimes  vio- 
lently. It  brought  to  trial  a  Catholic  priest  and  his  brother  for  protecting  political 
activists  who  in  1996  had  been  sought  by  the  police.  However,  there  were  notable 
examples  of  well-publicized  meetings,  seminars,  and  gatherings  on  sensitive  sub- 
jects, as  well  as  public  demonstrations,  that  were  not  stopped.  Security  forces  gen- 
erally refrained  from  using  force  to  stop  the  prohibited,  massive  street  rallies  that 
dominated  the  election  campaign  and  in  most  cases  did  not  use  lethal  force  in  re- 
sponding to  major  riots.  On  occasion  security  forces  were  criticized  for  not  acting 
in  time  to  protect  citizens  and  property  from  the  large-scale  destruction  that  oc- 
curred. The  rioting  resulted  from  a  combination  of  economic,  communal,  ethnic,  reli- 


772 

B"ou8  and  political  factors.  It  began  in  1996,  continued  into  1997,  abated  after  the 
ay  general  election,  and  erupted  again  in  Ujung  Pandang,  South  Sulawesi  in  Sep- 
tember. Despite  their  reduced  use  of  lethal  force,  security  forces  often  reacted  harsh- 
ly to  peaceful  demonstrations  or  in  disputes  with  citizens. 

The  Government  legally  provides  for  religious  freedom  for  five  accepted  religions; 
unrecognized  religions  are  subject  to  restrictions.  The  Government  did  not  fuUy  in- 
vestigate or  resolve  many  cases  of  attacks  on  religious  facilities  and  churches  during 
riots,  although  it  issued  several  public  appeals  lor  religious  tolerance.  TTie  Govern- 
ment continued  to  restrict  freedom  of  movement.  Discrimination  against  women,  the 
disabled,  and  ethnic  minorities,  and  violence  against  women  are  endemic  problems. 

The  Government  maintained  its  opposition  to  alternatives  to  the  Government- 
sponsored  labor  movement  and  to  the  development  of  a  free  trade  union  movement, 
but  permitted  a  very  open  debate  over  a  new  basic  labor  law.  Members  of  the  prin- 
cipal unauthorized  labor  organization  cited  continued  instances  of  harassment,  and 
security  authorities  shut  down  the  organization's  planned  3-day  congress  in  Septem- 
ber on  the  first  day.  The  Government  urged  employers  to  pay  on  time  the  increased 
minimum  wage  and  mandated  benefits,  and  implemented  a  new  audit  system  for 
worker  safety  and  health.  However,  enforcement  of  labor  standards  remained  weak. 
The  Government  and  the  International  Labor  Organization  (ILO)  signed  a  new 
memorandum  of  understanding  on  child  labor  to  promote  the  protection  of  working 
children  and  to  move  progressively  toward  elimination  of  child  labor.  However,  mil- 
lions of  children  still  work,  often  under  poor  conditions,  and  are  thus  unable  to  at- 
tend school.  Some  children  forced  to  work  under  conditions  of  bonded  labor  report- 
edly suffer  abuse. 

There  were  some  potentially  positive  developments.  For  example,  the  Independent 
Election  Monitoring  Committee  (KEPP)  carried  out  limited,  yet  significant,  monitor- 
ing activities  during  the  campaign  and  the  parliamentary  election.  Although  the 
Government  refuseato  recognize  tne  KIPP  and  restricted  its  activities,  the  organiza- 
tion gathered  information  about  election  violations  and  presented  it  to  the  public. 
The  National  Commission  on  Human  Rights,  despite  limited  resources  and  occa- 
sional government  pressure,  undertook  investigations  and  publicized  its  independ- 
ent findings  and  reconmiendations,  but  lacked  enforcement  powers.  The  Govern- 
ment ignored  or  responded  slowly  to  some  Commission  findings.  The  increase  in  pri- 
vate human  rights  monitoring  in  East  Timor  was  a  positive  development,  and  the 
Government  took  some  actions  in  response  to  criticism  of  its  human  rights  perform- 
ance; for  example,  a  human  rights  and  international  law  training  seminar  was  con- 
ducted for  the  military  by  the  International  Committee  of  the  Red  Cross  (ICRC). 

In  East  Timor,  following  massive  December  1996  demonstrations  in  support  of 
Nobel  Peace  Prize  recipient  Bishop  Belo,  in  which  security  personnel  suffered  inju- 
ries and  an  out-of-uniform  police  officer  was  killed,  an  early  1997  campaign  of  har- 
assment and  detention  by  tne  security  forces  raised  tension  to  a  high  level.  During 
the  May  election  period  and  its  aftermath.  East  Timor's  low-level  insurgency  inten- 
sified with  guerrilla  attacks  that  inflicted  the  highest  number  of  deaths  in  years  on 
security  personnel  and  civilians.  These  attacks  were  followed  by  the  capture  and 
death  of  a  prominent  guerrilla  commander  and  widespread  detentions,  accompanied 
by  reports  of  killing,  disappearances,  torture,  and  excessive  use  of  force  on  the  part 
of  the  authorities.  These  developments  exacerbated  longstanding  resentments  on  the 
part  of  the  indigenous  population.  In  November  at  least  five  students  were  injured 
when  a  large  number  of  security  force  personnel  entered  the  University  of  East 
Timor  campus  firing  their  weapons.  One  political  prisoner  was  released  when  he  be- 
came eligible  for  parole.  No  significant  progress  was  made  in  accounting  for  persons 
missing  following  the  1991  Dili  incident  or  others  who  disappeared  in  recent  years. 
Troop  levels  remained  unjustifiably  high.  The  Government  granted  limited  access  to 
the  area  to  foreign  journalists  but  banned  travel  by  all  foreign  human  rights  NGO's 
except  the  ICRC.  The  Dili  branch  of  the  National  Commission  on  Human  Rights, 
whicn  opened  in  1996,  remained  ineffective,  but  increased  efforts  by  the  Catholic 
Church  and  others,  along  with  a  better  understanding  of  international  humani- 
tarian norms  among  senior  military  officers,  improved  the  overall  quality  of  human 
rights  monitoring  in  East  Timor.  There  were  no  reports  of  military  personnel  who 
committed  abuses  in  East  Timor  being  punished.  Seeking  asylum  or  publicity  for 
their  cause,  young  East  Timorese  mounted  further  intrusions  into  various  embassies 
in  Jakarta. 

In  Irian  Jaya,  resentment  among  indigenous  groups  against  government  and  pri- 
vate companies'  policies  that  they  viewed  as  heavyhanded  and  arbitrary  remained. 
Real  and  jjerceived  discrimination  against  native  Irianese  persisted.  A  clash  be- 
tween indigenous  people  and  security  forces  occurred  in  the  Timika-Tembagapura 
area,  the  location  of  a  foreign  mining  company,  and  resulted  in  several  deaths.  The 
company  began  moving  forward  on  its  plan  to  distribute  a  percentage  of  its  profits 


773 

to  indigenous  groups  in  the  area  as  part  of  a  regional  development  effort,  but  sus- 

Sendeef  disbursements  for  new  projects  under  this  initiative  in  August  because  of 
isputes  over  how  the  funds  should  be  allocated.  The  Government's  closure  of  cer- 
tain areas  of  the  central  highlands  continued  during  1997,  due  to  the  military's  spe- 
cial operations  against  an  indigenous  separatist  group  that  had  taken  and  executed 
hostages  in  1996.  There  were  reports  that  in  the  restricted  areas  the  military  had 
forced  villagers  to  perform  uncompensated  labor,  that  huts  had  been  burned  in  one 
village,  ana  that  in  late  1996  there  were  instances  of  beatings  and  other  abuse.  The 
military  denied  such  reports  and  blamed  abuse  on  the  separatist  group. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Historically,  politically  related 
extrajudicial  killings  have  occurred  most  frequently  in  areas  where  separatist  move- 
ments were  active,  such  as  East  Timor,  Aceh,  and  Irian  Jaya.  Security  forces  contin- 
ued to  employ  harsh  measures  against  separatist  movements  in  all  three  areas. 
There  were  also  numerous  instances  of  reported  extrajudicial  killings  by  security 
forces  in  cases  involving  alleged  common  criminal  activity. 

Credible  sources  connrmed  several  deaths  in  detention  in  East  Timor  during  the 
year.  In  June  an  individual  known  as  "Januario"  was  detained  in  Baucau,  severely 
Deaten,  and  died  while  being  transported  to  Dili.  Human  rights  monitors  believed 
that  a  number  of  other  killings  by  security  forces  of  civilians  may  have  occurred, 
especially  in  more  isolated  areas,  but  these  were  imjxjssible  to  confirm.  There  were 
also  credible  reports  that  detainees  in  East  Timor  were  shot  to  death  while  allegedly 
attempting  to  escape. 

There  were  credible  reports  of  deaths  in,  or  related  to,  detention  in  other  parts 
of  the  country  as  well.  In  March  Teguh  Sunarto  (Atok)  died  in  East  Java  not  long 
after  his  release  from  police  detention.  He  and  two  others  were  detained  on  March 
17  by  police  because  they  were  not  in  possession  of  identity  cards.  Two  police  offi- 
cers reportedly  subjected  all  three  detainees  to  severe  mistreatment,  including 
punching,  kicking,  and  cigarette  bums.  In  addition,  the  police  reportedly  ordered 
other  prisoners  to  beat  Sunarto  and  the  other  two  detainees.  The  two  police  officers 
involved  were  detained.  In  April  a  farmer  in  central  Lampung,  Sukimo,  died  in  po- 
lice custody.  According  to  a  credible  report,  10  police  and  forestry  service  officers 
took  him  from  his  home  on  the  night  of  April  14,  accusing  him  of  possessing  a  home- 
made gun  and  poaching  from  a  protected  forest.  Two  days  later  Sukimo's  family 
was  informed  that  he  committed  suicide  while  in  police  custody.  However,  numerous 
wounds  and  bruises  were  reportedly  found  on  Sukimo's  body. 

Security  forces  shot  and  killed  two  Irianese  in  Timika  on  August  22  in  an  alterca- 
tion in  which  the  Irianese  reportedly  pelted  the  security  forces  with  arrows  and 
rocks,  injuring  at  least  two.  The  security  forces  claimed  that  they  used  rubber  bul- 
lets. Some  sources  said  that  the  security  forces  acted  in  self  defense,  while  others 
said  that  the  security  forces  fired  first.  The  incident  was  sparked  by  the  earlier  un- 
explained deaths  of  two  Irianese  on  the  property  of  a  foreign  mining  concession  near 
a  military  checkpoint. 

The  police  often  employed  deadly  force  in  apprehending  suspects  or  coping  with 
alleged  criminals,  many  of  whom  were  unarmed.  In  response  to  protests  that  the 
methods  used  were  unjustifiably  harsh  and  amounted  to  execution  without  trial,  po- 
lice generally  claimed  that  the  suspects  were  fleeing,  resisting  arrest,  or  threatening 
the  police. 

Complete  statistics  about  the  number  of  these  cases  have  not  been  released.  How- 
ever, press  reports,  including  statements  of  police  officials,  show  a  pattern  of  in- 
creased lethal  shootings  by  the  police  of  criminal  suspects,  many  of  whom  were  un- 
armed. At  least  seven  crime  suspects  were  reportedly  shot  and  killed  by  police  in 
Jakarta  in  January,  and  the  number  repwrtedly  climbed  to  32  by  April.  It  was  re- 
ported that  28  had  been  similarly  shot  by  the  police  in  Surabaya  during  the  same 
time  period.  In  May  a  Jakarta  police  spokesman  announced  that  63  shootings  by 
police  had  occurred  between  January  and  April;  approximately  85  percent  were 
fatal.  The  trend  of  police  shootings  of  suspected  criminals  continued  in  the  following 
months,  with  usually  reliable  press  reports  noting  about  90  such  deaths  in  Jakarta 
during  the  year. 

In  the  past,  higher  authorities  rarely  punished  the  military  or  police  for  using  ex- 
cessive force.  There  were  some  indications  that  this  situation  was  improving,  al- 
though the  action  taken  by  the  authorities  usually  was  not  commensurate  with  the 
gravity  of  the  abuses.  A  military  tribunal  on  July  23  sentenced  the  former  chief  of 
the  Bogor  detective  unit  to  9  months  in  prison.  The  detective  was  involved  in  the 
torture  of  a  suspect,  Tjetje  Tadjudin,  who  died  in  police  custody  in  October  1996. 


774 

The  court  heard  testimony  that  Tjetje  had  been  subjected  to  electric  shocks  and 
beatings  during  police  interrogation.  The  police  detective  and  two  assistants  were 
charged  with  mistreating  Tjetje  and  therebv  causing  his  death  and  misuse  of  au- 
thority. The  prosecutor  requested  a  17-month  sentence  for  these  crimes,  but  the  de- 
tective was  sentenced  to  9  months  and  10  days  because  he  was  found  guilty  only 
of  "misuse  of  authority."  Nobody  has  yet  been  held  responsible  for  Tjetje's  death  and 
the  convicted  p>olice  detective  was  not  removed  from  the  police  force  pending  appeal. 

Five  cases  of  alleged  human  rights  violations  in  Irian  Jaya  involving  the  death 
of  Irianese  civilians,  cited  in  a  September  1995  report  by  the  National  Human 
Rights  Commission,  have  languished,  and  the  Commission  has  requested  followup 
action. 

In  September  police  announced  a  "temporary  postponement"  in  the  investigation 
into  the  1993  murder  of  labor  activist  Marsinah.  Human  rights  activists  interpreted 
this  as  an  effort  to  close  the  investigation,  and  have  called  mr  its  revival. 

The  military  suffered  its  hi^est  number  of  fatal  casualties  in  recent  years  in  East 
Timor,  most  m  a  wave  of  guerrilla  attacks  during  the  May  election  period  and  its 
aftermath.  Eighteen  security  personnel  were  killed  in  a  single  attack  near  Baucau 
in  May.  In  addition  to  numerous  killings  of  soldiers  and  police  hy  the  guerrillas, 
they  also  killed  civilian  East  Timorese  suspected  of  working  for  military  intelligence 
and  some  other  civilians.  A  school  teacher  and  members  of  his  family  were  killed 
by  guerrillas  during  the  pre-election  period.  A  local  government  official  in  East 
Timor,  who  was  also  chiei  of  the  local  paramilitary  "gada  paksi"  group,  and  four 
other  civilians  were  killed  in  April  when  their  car  was  attacked  near  Viqueque,  pre- 
sumably by  guerrillas. 

The  security  situation  in  Aceh  has  improved  since  the  early  1990's  campaign 
against  the  Acehnese  separatist  movement.  Although  Aceh  Merdeka  was  believed  to 
have  been  largely  eliminated  as  a  viable  force,  Aceh  is  still  officially  listed  as  one 
of  Indonesia's  three  "troubled  areas"  (along  with  East  Timor  and  Irian  Jaya).  Be- 
cause the  area  had  been  relatively  peaceful  for  several  years,  there  was  discussion 
in  January  of  declaring  Aceh  secure  and  removing  the  classification  of  troubled  area 
as  a  reflection  of  confidence  in  the  security  situation.  The  discussion  was  suspended 
after  military  operations  netted  weapons  caches,  allegedly  belonging  to  Aceh 
Merdeka,  in  February  and  March,  following  a  violent  bank  robbery  during  which 
three  bank  employees  were  shot  and  killed  by  the  criminals. 

b.  Disappearance. — Reliable  sources  in  East  Timor  reported  numerous  disappear- 
ances, especially  in  more  isolated  areas. 

The  Government  made  little  progress  in  resolving  the  1996  "July  27  incident." 
The  incident  involved  the  Government-backed  violent  takeover  of  Indonesian  Demo- 
cratic Party  (PDI)  headquarters,  which  triggered  serious  rioting  in  Jakarta.  The 
Government  moved  slowly  in  responding  to  the  Human  Rights  Commission's  Octo- 
ber 1996  report  on  this  incident,  which  listed  23  missing,  149  injured,  and  5  dead, 
one  of  whom  had  been  shot  (see  Section  4).  In  September  the  authorities  reportedly 
acknowledged  that  the  case  had  not  been  closed  and  agreed  that  a  search  would  be 
conducted  for  the  16  people  that  the  Commission  reported  were  still  missing,  but 
little  additional  progress  had  been  made  by  year's  end. 

There  were  no  significant  efforts  by  the  Government  to  account  for  the  missing 
and  dead  from  the  November  12,  1991  military  shooting  of  civilians  in  Dili.  No  addi- 
tional cases  were  resolved  during  the  year.  Knowledgeable  observers  continued  to 
believe  that  most  of  the  missing  are  dead  and  that  members  of  the  armed  forces 
know  where  their  bodies  are  located. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Criminal  Code  makes  it  a  crime  punishable  by  up  to  4  years  in  prison  for  any 
official  to  use  violence  or  force  to  elicit  a  confession.  In  practice,  however,  legal  pro- 
tections are  both  inadequate  and  widely  ignored,  and  security  forces  continued  to 
employ  torture  and  other  forms  of  mistreatment,  particularly  in  regions  where  there 
were  active  security  concerns,  such  as  Irian  Jaya  and  East  'Timor.  Police  often  resort 
to  physical  abuse,  even  in  minor  incidents. 

m  East  Timor,  military  units  regularly  detain  civilians  for  interrogation;  most  are 
held  in  extralegal  military  detention  centers,  often  with  no  notification  of  relatives, 
mistreated  for  several  days,  and  then  released.  Family  members  and  human  rights 
monitoring  organizations  encounter  serious  difficulties  in  identifying  and  visiting 
detainees  held  in  these  military  facilities.  Many  credible  sources  agreed  that  persons 
detained  by  the  police  in  East  Timor  were  routinely  beaten  while  in  the  process  of 
being  detained.  All  32  people  detained  following  a  demonstration  at  the  Makhota 
Hotel  in  Dili  in  March  suifered  beatings  at  the  hands  of  the  police,  according  to 
credible  sources. 

Four  residents  of  Lavateri  village  near  Baucau,  East  Timor  detained  on  April  4 
by  an  intelligence  team,  were  reportedly  beaten  with  rifle  butts,  with  one  individual 


775 

suffering  a  broken  rib  and  another  having  a  cross  carved  into  the  palm  of  her  hand. 
Six  East  Timorese  detained  by  the  Joint  Intelligence  Unit  (SGI)  in  Liquica  on  Feb- 
ruary 26  were  reportedly  tortured  with  electric  shocks  and  immersion  in  ice  water. 
Five  East  Timorese  civilians  detained  by  security  forces  near  Liquica  on  April  30 
were  reportedly  beaten  with  rifle  butts  and  suffered  electric  shocks. 

During  the  military  operation  and  search  for  the  criminals  that  followed,  at  least 
two  suspects,  alleged  by  the  military  to  be  from  Aceh  Merdeka,  were  shot  to  death 
by  the  military  during  raids.  A  military  source  claimed  that  the  victims  were  armed. 
Ihiring  a  roundup  of  suspected  Aceh  Merdeka  separatists,  an  unknown  number  of 
suspects  were  arrested  during  February  and  March.  There  are  credible  reports  that 
a  small  number  of  Aceh  Merdeka  members  remain  in  Aceh,  and  maintain  some 
sympathy  among  the  local  population,  but  they  are  not  seen  as  posing  an  active  se- 
curity threat.  TTbere  are  allegations  of  criminal  and  abusive  behavior  by  military 
personnel  in  regions  of  Aceh  that  were  formerly  areas  where  Aceh  Merdeka  separat- 
ists operated. 

There  were  instances  where  security  forces  responded  with  brutality  to  peaceful 
demonstrations  or  disputes  with  citizens,  although  they  generally  refrained  from 
using  force  to  stop  the  prohibited,  massive  street  rallies  that  dominated  the  election 
campaign.  On  April  2,  security  forces  violently  broke  up  a  peaceful  demonstration 
by  approximately  200  supporters  of  Megawati  Sukarnoputri  in  Denpasar,  Bali.  The 
security  forces  used  rattan  canes,  and  dozens  among  the  group  suffered  minor  inju- 
ries. In  Yogyakarta,  security  forces  reportedly  beat  some  student  marchers  com- 
memorating Human  Rights  Day  and  broke  up  their  march.  In  southeast  Sulawesi, 
police  reportedly  showed  restraint  in  responding  to  student  riots  provoked  by  a  po- 
lice assault  on  students  during  a  raid  on  a  dormitory. 

On  April  28,  uniformed  and  plainclothes  security  forces  beat  with  rattan  canes 
and  kicked  a  small  group  of  peaceful  demonstrators  outside  the  central  Jakarta  Dis- 
trict Court  following  the  sentencing  of  People's  Democratic  Party  (PRD)  activists,  in- 
juring two  demonstrators.  On  June  23,  security  forces  armed  with  bayonets  and 
clubs  entered  the  Indonesian  Christian  University  (UKI)  campus  in  Jakarta  and  at- 
tacked a  group  of  students.  At  least  five  of  the  students  were  injured  and  three  were 
hospitalized  with  serious  head  wounds.  The  security  forces  were  retaliating  afler  a 
soldier  was  injured  in  an  altercation  with  students.  On  September  1,  according  to 
reliable  reports,  27  students  and  local  residents  in  Banda  Aceh  were  injured,  some 
seriously,  when  three  truckloads  of  police  officers  attacked  a  group  of  students  after 
a  soccer  match  during  which  a  dispute  between  a  police  officer  and  a  student  over 
a  poster  had  arisen.  Police  allegedly  beat  students  and  bystanders  on  the  soccer 
field  and  chased  those  who  ran  away  into  homes  and  beat  them. 

The  Government's  handling  of  the  wave  of  major  riots  that  hit  Indonesia  received 
a  mixed  response.  Security  forces  did  not,  in  most  cases,  use  lethal  force  in  respond- 
ing to  these  riots  and  showed  relative  restraint.  In  many  cases,  there  was  public 
criticism  that  security  forces  did  not  act  in  sufficient  time  or  with  sufficient  force 
to  protect  citizens  and  property  from  the  large-scale  destruction  that  occurred.  The 
rioting  resulted  from  a  combination  of  economic,  communal,  ethnic,  religious,  and 
political  factors.  It  began  in  1996,  continued  into  1997,  abated  afler  the  May  general 
election,  and  erupted  again  in  Ujung  Pandang,  South  Sulawesi  in  September. 

On  January  30,  security  forces  restored  order  in  Rengasdengklok,  West  Java  with- 
out resort  to  live  ammunition  fire  or  brutal  treatment  of  civilians,  though  not  before 
mobs  had  attacked  shops  and  religious  institutions.  The  most  deadly  riot  occurred 
in  Banjarmasin,  South  Kalimantan  on  May  23  on  the  last  day  of  the  election  cam- 
paign. At  least  123  people  died  in  a  fire  caused  by  the  riot  and  ensuing  looting  of 
a  department  store.  The  National  Commission  on  Human  Rights  investigated,  and 
concluded  that  there  was  no  evidence  of  the  use  of  live  ammunition  to  subdue  the 
rioters.  The  Commission  also  found  that  some  of  the  suspected  rioters  were  beaten 
afler  their  arrest,  and  recommended  measures  to  ensure  that  future  riot  control  not 
be  excessively  violent. 

In  November  following  an  apparent  altercation  between  youths  and  intelligence 
personnel  near  the  University  of^East  Timor,  large  numbers  of  security  force  person- 
nel entered  the  university  campus,  discharging  their  weapons  and  beating  students. 
At  least  five  students  were  injured  and  university  facilities  were  severely  damaged. 
Authorities  said  that  security  forces  had  used  only  rubber  bullets  but  several  of  the 
injured  students  were  reportedly  shot,  and  two  suffered  bayonet  wounds,  according 
to  independent  human  rights  organizations.  One  injured  student  was  removed  from 
an  ICRC  vehicle,  beaten  with  rifle  butts  by  police,  and  then  taken  to  a  military  hos- 
pital. The  ICRC  was  permitted  to  visit  the  wounded  students.  A  number  of  students 
were  also  reportedly  detained  following  the  incident. 


45-909    98-26 


776 

There  were  reports  that  the  security  forces  beat  and  abused  villagers  in  the 
central  highlands  of  Irian  Jaya;  the  military  denied  committing  such  abuses  (see 
Section  2.d.). 

The  Government  continued  to  maintain  an  unjustifiably  high  military  presence  in 
East  Timor,  totaling  more  than  16,000  personnel.  The  Government,  as  it  does  else- 
where, also  relied  on  bands  of  youths,  organized  and  directed  by  the  military,  to  in- 
timidate and  harass  its  opponents.  Such  a  civilian  paramilitaiy  group,  known  as  the 
gada  paksi,  was  frequently  involved  in  nighttime  raids  in  Dili  neighhorhoods  in  the 
early  part  of  the  year  and  was  widely  blamed  for  provoking  serious  disturbances  in 
Viqueque  in  February.  Gada  paksi  activity  abated  in  the  latter  half  of  the  year. 

One  case  of  alleged  rape  of  East  Timorese  women  by  military  personnel  gained 
public  attention  as  human  rights  lawyers  tried  to  bring  the  case  to  trial.  Legal  ac- 
tion also  is  being  pursued  in  the  case  of  an  East  Timorese  woman  allegedly  the  vic- 
tim of  repeated  rapes  by  military  personnel  in  November  1996  while  in  military  cus- 
tody. The  woman  reported  the  rapes  to  human  rights  monitors,  and  wrote  a  letter 
to  the  local  military  command  unit,  which  forwarded  it  to  the  National  Commission 
on  Human  Rights.  At  year's  end,  it  was  not  clear  whether  lawyers  would  succeed 
in  getting  the  case  tried  in  either  military  or  civil  court. 

Human  rights  organizations  report  that  rape  by  military  personnel  is  a  serious 
problem,  and  that  soldiers  are  rarely  held  accountable  for  these  crimes. 

The  four  police  officers  who  mistreated  religious  teachers  in  Tasikmalaya,  West 
Java,  in  a  1996  event  which  sparked  a  major  riot  there,  were  found  guilty  by  a  mili- 
tary tribunal  and  given  sentences  ranging  from  22  to  28  months. 

Prison  conditions  are  harsh  with  violence  among  prisoners  and  mistreatment  and 
extortion  of  inmates  by  guards  common.  The  incidence  of  mistreatment  drops  sharp- 
ly once  a  prisoner  has  been  transferred  from  police  or  military  intelligence  (BIA) 
custody  into  the  civilian  prison  system  or  into  tne  custody  of  the  Attorney  General. 
Political  prisoners  were  sometimes  mixed  with  the  general  prison  population.  In  the 
Cimnang  and  Salemba  prisons  in  Jakarta  some  political  prisoners  were  segregated. 

The  ICRC  was  denied  access  to  political  prisoners  until  July,  except  in  East  Timor 
where  visits  were  generally  allowed.  Special  arrangements  for  visiting  dignitaries  to 
visit  some  prominent  political  prisoners  were  sometimes  made.  Some  nonpolitical 
prisoners  also  have  been  visited  by  human  rights  monitors,  although  this  appears 
to  be  on  a  case-to-case  basis. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Criminal  Procedures  Code  contains 
provisions  against  arbitrary  arrest  and  detention,  but  it  lacks  adequate  enforcement 
mechanisms  and  authorities  routinely  violate  it.  The  Code  specifies  that  prisoners 
have  the  right  to  notify  their  families  and  that  warrants  must  be  produced  during 
an  arrest  except  under  specified  conditions,  such  as  when  a  suspect  is  caught  in  the 
act  of  committing  a  crime.  The  law  also  requires  that  families  of  detainees  be  noti- 
fied promptly.  The  law  authorizes  investigators  to  issue  warrants  to  assist  in  their 
investigations  or  if  sufficient  evidence  exists  that  a  crime  has  been  committed.  How- 
ever, authorities  sometimes  made  arrests  without  warrants. 

The  law  presumes  defendants  innocent  and  permits  bail.  They  or  their  families 
may  also  challenge  the  legality  of  their  arrest  and  detention  in  a  pretrial  hearing 
ana  may  sue  for  compensation  if  wrongfully  detained.  However,  it  is  virtually  impos- 
sible for  detainees  to  invoke  this  procedure,  or  to  receive  compensation,  after  being 
released  without  charge.  In  both  military  and  civilian  courts,  appeals  based  on 
claims  of  improper  arrest  and  detention  are  rarely,  if  ever,  accepted.  The  Criminal 
Procedures  Code  also  contains  specific  limits  on  periods  of  pretrial  detention  and 
specifies  when  the  courts  must  approve  extensions,  usually  after  60  days.  In  addi- 
tion, suspects  charged  under  the  1963  Antisubversion  Law  are  subject  to  special 
procedures  outside  the  Code.  These  give  the  Attorney  General  the  authority  to  hold 
a  suspect  for  up  to  1  year  before  trial.  He  may  renew  this  1-year  period  without 
limit. 

The  authorities  routinely  approve  extensions  of  periods  of  detention.  In  areas 
where  active  guerrilla  movements  exist,  such  as  East  Timor  and  Irian  Jaya,  there 
are  many  instances  of  people  being  detained  without  warrants,  charges,  or  court 
proceedings.  This  is  also  true  in  Aceh.  Bail  is  rarely  granted,  especially  in  political 
cases.  Over  100  people  were  detained  following  the  discovery  of  weapons  caches  in 
various  regions  of  Aceh,  beginning  in  February.  They  alleged.ly  were  held  incommu- 
nicado at  military  camps.  The  authorities  frequently  prevent  access  to  defense  coun- 
sel while  suspects  are  being  investigated  and  make  it  difficult  or  impossible  for  de- 
tainees to  get  legal  assistance  from  voluntary  legal  defense  organizations.  Special 
laws  on  corruption,  economic  crimes,  and  narcotics  do  not  come  under  the  Criminal 
Code's  protections. 

The  Agency  for  Coordination  of  Assistance  for  the  Consolidation  of  National  Secu- 
rity (BAKORSTANAS)  operates  outside  the  legal  code  and  has  wide  discretion  to  de- 


777 

tain  and  interrogate  persons  thought  to  threaten  national  security.  Despite  the  ex- 
istence of  this  agency,  the  military  began  discussing  publicly  in  1996  the  need  for 
a  new  internal  security  act  to  give  the  Government  greater  power  to  suppress  dis- 
sent. Although  there  was  further  public  discussion  of  this  proposal  during  1997,  it 
had  not  been  sent  to  Parliament. 

Security  forces  broke  up  demonstrations  and  meetings  and  detained  participants 
(see  Sections  I.e.  and  2.b.). 

There  are  no  reliable  data  on  the  number  of  arbitrary  arrests  or  detentions  with- 
out trial,  particularly  in  East  Timor,  Irian  Jaya,  and  Aceh.  In  East  Timor,  partially 
as  a  result  of  increased  demonstrations  in  late  1996  and  in  1997,  as  well  as  in- 
creased guerrilla  activity,  the  number  of  detentions  during  1997  was  higher  than 
in  previous  years. 

Arbitrary  detentions  in  East  Timor  were  a  particular  problem  following  increased 
guerrilla  attacks  in  Baucau  and  Los  Palos.  According  to  credible  sources,  numerous 
people  not  involved  in  the  separatist  movement  were  detained  and  mistreated  as  se- 
curity forces  swept  through  local  neighborhoods  in  search  of  the  perpetrators  of  var- 
ious attacks.  In  the  early  part  of  the  year  the  civilian  paramilitary  gada  paksi  group 
also  frequently  detained  and  beat  civilians. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  stipulates  the  independence  of 
the  judiciary,  but  in  practice  the  judiciary  is  subordinated  to  the  executive  and  the 
military.  Court  challenges  in  various  jurisdictions  to  the  Government's  transparent 
manipulation  of  the  PDI  leadership  structure  in  1996,  with  a  few  exceptions,  contin- 
ued to  be  dismissed  in  1997.  Judges  are  civil  servants  employed  by  the  executive 
branch,  which  controls  their  assignments,  pay,  and  promotion.  Low  salaries  encour- 
age widespread  corruption.  Judges  are  subject  to  considerable  pressure  from  govern- 
mental authorities  that  often  determines  the  outcome  of  a  case. 

A  quadripartite  judiciary  of  general,  religious,  military,  and  administrative  courts 
exists  below  the  Supreme  Court.  The  right  of  appeal  from  district  court  to  high  court 
to  Supreme  Court  exists  in  all  four  systems.  The  Supreme  Court  does  not  consider 
factual  aspects  of  a  case,  only  the  lower  courts'  application  of  law.  The  Supreme 
Court  theoretically  stands  coequal  with  the  executive  and  legislative  branches,  but 
it  does  not  have  the  right  of  judicial  review  over  laws  passed  by  Parliament.  The 
Supreme  Court  has  not  yet  exercised  its  authority  (held  since  1985)  to  review  min- 
isterial decrees  and  regulations.  In  1993  Chief  Justice  Purwoto  Gandasubrata  laid 
out  procedures  for  limited  judicial  review. 

A  panel  of  judges  conducts  trials  at  the  district  court  level,  poses  questions,  hears 
evidence,  decides  guilt  or  innocence,  and  assesses  punishment.  Initial  judgments  are 
rarely  reversed  in  the  appeals  process,  although  sentences  can  be  increased  or  re- 
duced. Both  the  defense  and  the  prosecution  may  appeal. 

Defendants  have  the  right  to  confront  witnesses  and  to  produce  witnesses  in  their 
defense.  An  exception  is  allowed  in  cases  in  which  distance  or  expense  is  deemed 
excessive  for  transporting  witnesses  to  court.  In  such  cases,  sworn  affidavits  may 
be  introduced.  However,  the  Criminal  Procedures  Code  does  not  provide  for  wit- 
nesses' immunity  or  for  defense  power  of  subpxjena.  As  a  result,  witnesses  are  gen- 
erally unwilling  to  testify  against  the  authorities.  The  courts  commonly  allow  forced 
confessions  and  limit  the  presentation  of  defense  evidence.  In  a  trial  in  March  a  wit- 
ness stated  in  open  court  that  he  had  been  tortured  with  electric  shock  in  the  course 
of  interrogation  in  1996  by  military  intelligence  (BIA).  No  investigation  of  his 
charge,  given  under  oath,  was  launched.  Defendants  do  not  have  the  right  to  remain 
silent  and  can  be  compelled  to  testify  against  themselves.  The  Criminal  Procedures 
Code  gives  defendants  the  right  to  an  attorney  from  the  moment  of  their  arrest,  but 
not  during  the  prearrest  investigation  period,  which  may  involve  prolonged  deten- 
tion. Persons  summoned  to  appear  as  witnesses  in  investigations  do  not  have  the 
right  to  be  assisted  by  lawyers  even  though  information  developed  in  the  course  of 
rendering  testimony  can  subsequently  become  the  basis  of  an  investigation  of  the 
witness.  The  law  requires  that  a  lawyer  be  appointed  in  capital  cases  and  those  in- 
volving a  prison  sentence  of  15  years  or  more.  In  cases  involving  potential  sentences 
of  5  years  or  more,  a  lawyer  must  be  appointed  if  the  defendant  desires  an  attorney 
and  is  indigent.  In  theory,  destitute  defendants  may  obtain  private  legal  help,  such 
as  that  provided  by  the  Indonesian  Legal  Aid  Foundation.  In  practice,  however,  de- 
fendants are  often  persuaded  not  to  hire  an  attorney,  or  access  to  an  attorney  of 
their  choice  is  impeded. 

In  many  cases  procedural  protections,  including  those  against  coerced  confessions, 
particularly  those  coerced  by  the  police  and  military  intelligence  (BIA),  are  inad- 
equate to  ensure  a  fair  trial.  Corruption  is  a  common  feature  of  the  legal  system 
and  the  payment  of  bribes  can  influence  prosecution,  conviction,  and  sentencing  in 
civil  and  criminal  cases. 


778 

There  were  few  signs  of  judicial  independence.  The  court  continued  to  be  used  to 
take  action  against  political  activists  and  government  critics.  The  Government  vigor- 
ously pursued  the  numerous  subversion  cases  started  at  the  end  of  1996,  and  initi- 
ated or  threatened  new  cases.  Many  independent  observers  interpreted  this  as  an 
effort  to  chill  dissent  in  advance  of  the  May  general  election.  The  Government  pros- 
ecuted and  the  court  convicted  14  young  activists  belonging  to  or  associated  with 
the  People's  Democratic  Party  (PRD)  under  the  Antisubversion  Law  in  April  and 
June,  handing  down  the  harshest  sentences  for  peaceful  political  dissent  in  recent 
years  (see  Section  2.a.).  The  Government  also  tried  independent  labor  leader 
Muchtar  Pakpahan,  and  former  parliamentarian  Sri  Bintang  Pamungkas  under  this 
law.  Four  youths  charged  with  inciting  the  rioting  that  took  place  in  Tasikmalaya, 
West  Java  in  December  1996  were  brought  to  trial  in  1997  on  charges  of  subversion. 
The  trials  concluded  in  November  and  December,  resulting  in  sentences  of  22 
months,  24  months,  8  years,  and  10  years  in  prison.  Megawati  Sukarnoputri  filed 
suit  in  courts  throughout  the  country  to  challenge  the  legality  of  the  June  1996  gov- 
ernment-supported Medan  congress  that  ousted  her  from  the  PDI  leadership.  Most 
courts  refused  to  hear  the  case.  However,  several  courts  accepted  the  case  and  ruled 
in  her  favor. 

The  Antisubversion  Law,  which  carries  a  maximum  penalty  of  death  (which  has 
not  been  invoked  in  recent  years),  makes  it  a  crime  to  engage  in  acts  that  could 
distort,  undermine,  or  deviate  from  the  state  ideology  or  broad  outlines  of  state  pol- 
icy, or  which  could  disseminate  feelings  of  hostility  or  arouse  hostility,  disturbances, 
or  anxiety  among  the  population.  The  excessively  vague  language  of  this  law  makes 
it  possible  to  prosecute  people  merely  for  peaceful  expression  of  Sdews  contrary  to 
those  of  the  Government. 

Many  prisoners  are  serving  sentences  for  subversion,  including  members  of  the 
banned  (Jommunist  Party  of  Indonesia  (PKI),  Muslim  militants,  and  those  convicted 
of  subversion  in  Irian  Jaya,  Aceh,  and  East  Timor.  More  are  serving  sentences 
under  the  Hate-Sowing  or  Sedition  laws.  Some  of  these  persons  advocated  or  em- 
ployed violence,  but  others  are  political  prisoners  who  were  convicted  for  attempting 
to  exercise  such  universally  recognized  numan  rights  as  freedom  of  speech  or  asso- 
ciation, or  who  were  convicted  in  unfair  trials.  Juvencio  de  Jesus  Martins,  an  East 
Timorese  prisoner,  was  released  under  normal  remission  procedures  on  Indonesian 
Independence  Day,  August  17. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Judicial 
warrants  for  searches  are  required  except  for  cases  involving  suspected  subversion, 
economic  crimes,  and  corruption.  However,  security  agencies  regularly  made  forced 
or  surreptitious  entries.  Security  forces  also  engaged  in  surveillance  of  persons  and 
residences  and  selective  monitoring  of  local  and  international  telephone  calls  with- 
out legal  restraint. 

Government  security  officials  monitor  the  movements  and  activities  of  former 
members  of  the  PKI  and  its  front  organizations,  especially  persons  the  Government 
believes  were  involved  in  the  abortive  1965  coup.  These  persons  and  their  relatives 
sometimes  are  subjected  to  surveillance,  required  check -ins,  periodic  indoctrination, 
and  restrictions  on  travel  outside  their  city  of  residence.  One  of  the  methods  the 
Government  has  used  to  monitor  the  activities  of  these  people  has  been  to  require 
that  the  initials  "E.T."  ("Ex-Tapol"  or  political  prisoner)  be  stamped  in  their  identi- 
fication cards.  This  allows  the  Government  and  prospective  employers  to  identify 
former  PKI  members,  and  subjects  them  to  official  and  unofficial  discrimination.  Al- 
though the  requirement  that  E.T.  be  stamped  in  identification  cards  has  been  offi- 
cially ended,  in  practice  it  is  still  used  in  many  cases. 

After  several  years  during  which  the  Government  significantly  reduced  its 
transmigration  program,  the  program  was  revived  during  the  year  with  private  cor- 

f>orate  support.  The  program  moves  large  numbers  of  people  from  overpopulated  is- 
ands  to  more  isolated  and  less  developed  ones.  It  is  also  used  to  resettle  local  popu- 
lations within  East  Timor  and  Irian  Jaya.  Human  rights  monitors  say  that  the  pro- 
gram violates  the  rights  of  indigenous  people  and  dupes  some  transmigrants  into 
leaving  their  home  villages  without  any  means  of  return.  Conditions  at  some  sites 
are  life  threatening,  with  inadequate  measures  to  protect  the  transmigrant  popu- 
lation against  diseases  endemic  to  the  transmigration  sites.  Transmigrants  and  mi- 
grants outside  the  Government  transmigration  program  received  indirect  govern- 
ment support  in  the  form  of  developmental  assistance  programs  and  contracts  with 
the  armed  forces  (ABRI)  or  local  government  officials.  This  practice,  particularly  in 
East  Timor,  Irian  Jaya  and  Kalimantan,  led  to  resentment  among  indigenous  popu- 
lations, which  believed  that  their  rights  were  infringed  upon  (see  Section  5). 

There  were  reports  that  security  forces  occupied  villages  in  the  central  highlands 
of  Irian  Jaya  and  destroyed  homes  and  crops.  The  military  denied  committing 
abuses  (see  Section  2.d.). 


779 

The  Government  prohibits  the  import  of  Chinese-language  publications  (see  Sec- 
tion 5). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^Although  the  1945  Constitution  and  the  1982 
Press  Law  provide  for  freedom  of  the  press,  the  Government  continued  to  restrict 
press  freedom  in  practice.  The  Government  uses  the  issuance  of  publishing  licenses 
under  a  1984  ministerial  decree  to  control  the  press.  Other  means  of  control  include 
regulation  of  the  amount  of  advertising  permitted  and  of  the  number  of  pages  al- 
lowed in  newspapers.  In  sensitive  areas,  the  authorities  continued  to  provide  guid- 
ance to  local  journalists  and  editors  on  what  they  should  print,  although  there  were 
many  cases  in  which  such  guidance  was  ignored.  Self-censorship  by  the  press  con- 
tinued, especially  on  subjects  known  to  be  sensitive  to  the  Government.  At  year's 
end,  criticism  of  the  Government  grew  stronger  and  the  press  carried  it  more  open- 
ly- 

Coverage  of  a  number  of  sensitive  topics,  such  as  corruption,  the  role  of  the  first 
family  in  business,  and  lack  of  government  fiscal  accountability,  did  occur,  particu- 
larly in  the  English-language  press.  Major  Indonesian-language  newspapers  were 
more  cautious.  The  broadcast  media,  which  reaches  a  far  larger  proportion  of  the 
population  than  does  the  print  media,  rarely  if  ever  deals  with  sensitive  topics. 

Media  coverage  of  the  January-February  ethnic  fighting  between  Christian  Dayak 
and  Muslim  Madurese  in  West  Kalimantan  was  at  times  extremely  restricted.  The 
military  held  a  closed  meeting  with  senior  editors  early  in  February  in  the  midst 
of  the  ethnic  strife.  Few  local  newspaper  reports  about  the  situation  in  West 
Kalimantan  appeared  until  the  fighting  was  well  underway.  Other  instances  of  so- 
cial unrest,  such  as  in  Rengasdengklok,  West  Java  on  January  30,  and  instances 
related  to  the  election  campaign,  received  more  media  coverage. 

Throughout  most  of  the  year,  Hmited  debate  on  political  and  social  issues  was  per- 
mitted in  the  press  and  other  public  forums,  but  the  Government  continued  to  im- 
pose restrictions  on  free  speech,  especially  in  cases  involving  direct  opposition  to  the 
existing  system.  At  year's  end,  public  criticism  of  the  Government  grew  stronger  and 
the  press  carried  it  more  openly.  In  the  aftermath  of  the  July  27,  1996  incident,  and 
in  the  period  prior  to  the  May  general  election,  the  Government  demonstrated  that 
it  would  not  tolerate  challenges  to  the  fundamental  underpinnings  of  the  political 
system,  in  particular  by  arresting,  placing  on  trial,  and  harshly  sentencing  some  of 
its  critics. 

Fourteen  activists  belonging  to,  or  associated  with,  the  small,  opposition  People's 
Democratic  Party  (PRD)  were  convicted  under  the  controversial  1963  Antisubversion 
Law.  On  April  28,  the  day  after  the  general  election  campaign  began,  courts  in  Ja- 
karta convicted  nine  of  the  activists.  Although  the  young  activists  originally  were 
arrested  in  August  1996  amidst  government  accusations  of  masterminding  the  "July 
27"  incident,  the  convictions  rested  instead  on  writings,  speeches,  and  organiza- 
tional activities,  which  were  deemed  subversive  (see  Section  I.e.). 

The  PRD's  leader,  Budiman  Sudjatmiko,  received  a  13-year  sentence,  which  was 
increased  to  15  years  on  appeal.  This  was  one  of  the  most  severe  sentences  imposed 
in  a  subversion  case  in  recent  years.  His  associates  received  sentences  ranging  from 
12  years  to  18  months.  Two  more  PRD  activists  were  convicted  in  Jakarta  on  June 
16,  and  given  4-  and  5-year  sentences.  Other  PRD-related  cases  included  the  convic- 
tions in  Surabaya  of  Dita  Indah  Sari  and  two  others  for  subversion  on  April  22  and 
April  23  based  on  their  political  views  and  organizational  activities,  which  included 
calling  for  an  end  to  the  military  doctrine  of  dual  function  and  organizing  labor 
strikes. 

Independent  labor  leader  Muchtar  Pakpahan's  subversion  trial,  which  began  on 
December  12,  1996,  continued  in  the  early  part  of  the  year,  and  was  interrupted 
due  to  his  serious  health  problems.  It  resumed  in  September.  As  with  the  young 
PRD  activists,  the  subversion  charges  rested  on  his  criticism  of  the  Government, 
rather  than  his  purported  role  in  the  July  27,  1996  violence,  as  had  originally  been 
publicly  claimed  by  the  (jovemment  (see  Section  6. a.). 

The  subversion  trial  of  Sri  Bintang  Pamungkas,  the  former  United  Development 
Party  (PPP)  legislator,  began  on  December  22.  According  to  the  prosecution,  he  was 
charged  under  the  1963  Antisubversion  Law  because  he  formed  the  Indonesian 
Democratic  Union  Party  (PUDI),  issued  a  PUDI  manifesto,  named  himself  a  can- 
didate for  president,  and  sent  out  holiday  (Idul  Fitri)  cards  in  January  carrying  the 
PUDI's  agenda.  The  PUDI's  program  included  rejection  of  the  1997  election,  rejec- 
tion of  another  Soeharto  presidential  candidacy,  and  a  call  to  prepare  for  the  post- 
Soeharto  era.  Bintang  was  detained  on  March  6,  along  with  the  PUDI's  deputy 
chairman  Julius  Usman  and  secretary  general  Saleh  Abdullah,  by  the  Attorney 


780 

General's  Office  in  accordance  with  the  Antisubversion  Law.  His  colleagues  were  re- 
leased from  detention  on  April  3. 

Aberson  Marie  Sihaloho,  a  parliamentarian  from  the  Indonesian  Democratic  Party 
(PDI)  and  a  supporter  of  ousted  PDI  leader  Megawati  Sukarnoputri,  was  convicted 
on  July  21  for  allegedly  insulting  the  President,  armed  forces,  and  other  public  insti- 
tutions. He  received  a  9-month  prison  sentence.  The  basis  of  his  conviction  was  a 
speech  he  made  in  July  1996  at  the  "free  speech  forum"  in  front  of  the  PDI  head- 
quarters, which  had  been  videotaped  by  the  Government.  He  became  the  first  par- 
liamentarian in  recent  years  to  face  trial  and  be  convicted. 

The  Government  took  similar  harsh  action  against  some  individuals  who  pub- 
lished magazines  or  books  that  challenged  the  system.  Andi  Syaputra  was  sentenced 
on  April  7  to  30  months  in  prison  for  printing  and  distributing  printed  material  al- 
legedly defaming  President  Soeharto.  On  March  4,  the  Government  banned  a  22- 
fiage  pamphlet  written  by  Soebadio  Sastrosatomo,  one  of  the  leaders  of  the  long-out- 
awed  Indonesian  Socialist  Party  (PSI).  The  Government  then  brought  Soebadio's 
private  secretary  to  trial  August  5  on  charges  of  having  "insulted"  the  President. 
His  alleged  crime  was  that  he  assisted  in  the  production  of  the  book.  He  was  re- 
leased from  detention  in  September  while  his  trial  was  still  in  progress. 

An  activist  from  the  NGO  Center  for  information  and  Action  Network  for  Demo- 
cratic Reform,  Tri  Agus  Siswomihardjo,  was  released  from  prison  March  10  after 
serving  24  months  for  disseminating  materials  allegedly  defaming  the  President. 
Eko  Mariyadi  and  Achmad  Taufik,  ofthe  unrecognized  Independent  Journalists'  As- 
sociation (AJI),  were  released  from  prison  on  July  18.  They  had  served  2  years  and 
4  months  of  their  3-year  sentences  for  allegedly  slandering  the  President  and 
spreading  hatred  against  the  Government.  They  were  convicted  based  on  articles 
they  wrote  for  the  underground  journal  Independen,  and  for  publishing  Independen 
without  a  government  license. 

The  killing  of  a  journalist  who  published  critical  reports  in  1996,  and  at  least  one 
other  similar  case  in  1997,  attracted  domestic  and  international  attention.  A  trial 
was  carried  out  in  the  1996  killing  in  Yogyakarta  of  a  journalist,  Fuad  Muhammad 
Syafrudin  (Udin),  who  worked  for  the  Yogyakarta  daily  newspaper  Bemas.  He  had 
been  attacked  in  his  home,  possibly  in  connection  with  articles  he  had  written  that 
were  critical  of  the  local  government's  actions  in  land  cases.  There  was  considerable 
controversy  as  to  whether  authorities  had  arrested  the  right  suspect,  as  the  victim's 
wife,  an  eyewitness  to  the  crime,  testified  in  court  on  September  2  that  the  defend- 
ant was  not  the  one  who  killed  her  husband.  The  accused  claimed  that  his  confes- 
sion was  coerced  by  the  authorities.  Prosecutors  finally  dropped  the  case,  and  the 
defendant  was  released  on  November  27. 

On  July  26,  a  journalist  for  the  Jakarta  weekly  magazine  Sinar  Pagi,  Naimullah, 
was  found  dead  in  his  car  outside  Pontianak,  West  Kalimantan.  He  reportedly  had 
injuries  to  his  neck,  head,  temples,  chest,  and  wrists  and  four  individuals  were  seen 
near  his  car.  He  had  published  reports  on  timber  smuggling  and  theft  that  allegedly 
involved  local  officials.  The  Indonesian  Journalists'  Association  called  for  an  impar- 
tial police  investigation.  The  police  in  West  Kalimantan  announced  in  August  that 
the  case  was  still  being  investigated.  By  year's  end,  it  had  not  been  resolved. 

The  electronic  media  remained  more  cautious  in  their  coverage  ofthe  Government 
than  the  print  media.  The  Government  operates  a  nationwide  television  network 
with  12  regional  stations.  Private  commercial  television  companies,  most  with  own- 
ership by,  or  management  ties  to,  the  President's  family,  continued  to  expand.  All 
are  required  to  broadcast  government-produced  news,  but  many  also  produce  public 
affairs  style  programming  with  news  content. 

Over  600  private  radio  broadcasting  companies  exist  in  addition  to  the  Govern- 
ment's national  radio  network.  They  all  were  required  to  belong  to  the  government- 
sponsored  Association  of  Private  Radio  Stations  (PRSSNI)  to  receive  a  broadcasting 
license.  The  government  radio  station  produces  the  program  "National  News,"  which 
is  the  only  news  permitted  by  law  to  be  broadcast  in  Indonesia.  It  is  relayed 
throughout  the  country  by  private  stations  and  53  regional  affiliates  of  the  govern- 
ment station.  By  law,  the  private  radio  stations  may  produce  only  'light"  news,  such 
as  human  interest  stories,  and  may  not  discuss  politics.  In  practice,  however,  many 
broadcast  interviews  and  foreign  news  as  well.  Moreover,  "talk  radio"  call-in  pro- 
grams increasingly  touch  on  political  and  socio-economic  issues. 

Foreign  television  and  radio  broadcasts  were  readily  accessible.  Satellite  dishes 
have  proliferated  throughout  the  country,  and  there  was  access  to  the  Internet.  The 
Government  made  no  efibrt  to  restrict  access  to  this  programming,  and  has  pro- 
claimed an  "open  skies"  policy.  Foreign  periodicals  are  widely  available.  Distribution 
is  sometimes  delayed  by  a  day  or  more  by  authorities,  although  this  is  rare.  The 
Government  restricts  the  import  of  Chinese-language  publications  (see  Section  5). 


781 

The  Government  closely  regulates  access  to  Indonesia,  particularly  to  certain 
areas  of  the  country,  by  visiting  and  resident  foreign  correspondents.  It  occasionally 
reminds  the  latter  of  its  prerogative  to  deny  requests  for  visa  extensions.  Special 

fiermission  is  necessary  for  foreign  journalists  to  travel  to  East  Timor,  Aceh,  and 
rian  Jaya.  With  a  few  exceptions,  press  access  to  East  Timor  was  restricted.  A 
number  of  journalists  repeatedly  requested  permission  to  go  to  East  Timor  without 
success.  The  local  press  in  Aceh  is  tightly  controlled. 

In  November  a  foreign  NGO  worker  was  detained  in  Dili  for  participating  in  and 
photographing  a  peaceful,  candlelight  vigil.  Authorities  accused  her  of  acting  as  a 
journalist  witnout  the  proper  visa.  She  was  expelled  to  Bali,  following  10  hours  of 
questioning  by  authorities. 

The  Government  requires  a  permit  for  the  importation  of  foreign  publications  and 
videotapes,  which  must  be  reviewed  by  government  censors.  Importers  sometimes 
avoided  foreign  materials  critical  of  the  Government  or  dealing  with  topics  consid- 
ered sensitive,  such  as  human  rights.  There  is  a  significant  amount  of  materials  by- 
passing customs  and  censorship  procedures. 

PubUshers  sometimes  refused  to  accept  manuscripts  dealing  with  controversial  is- 
sues. Most  books  by  the  prominent  novelist  and  former  political  prisoner, 
Pramoedya  Ananta  Toer,  are  banned,  though  some  were  in  circulation.  The  Govern- 
ment in  March  banned  a  pamphlet  which  was  written  by  a  former  leader  of  the 
long-banned  Indonesian  Socialist  Party  (PSI),  Soebadio  Sastrosatomo. 

In  December,  police  banned  the  performance  of  a  play  in  Bandung,  West  Java 
based  on  the  life  of  labor  activist  Marsinah,  who  was  murdered  in  1993,  the  play 
had  been  closed  down  earlier  in  Surabaya  East  Java  on  November  26,  and  was 
stopped  in  other  cities  as  well.  It  was  performed  in  Jakarta  and  some  other  venues. 

Wnile  the  law  provides  for  academic  freedom,  constraints  exist  on  the  activities 
of  scholars.  Political  activity  and  discussions  at  universities,  while  no  longer  for- 
mally banned,  remained  constrained.  Some  scholars  displayed  caution  in  producing 
or  including  in  lectures  and  class  discussions  materials  that  might  provoke  govern- 
ment displeasure. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly;  however,  the  Government  places  significant  controls  on  the  ex- 
ercise of  this  right.  The  Government  promulgated  regulations  in  December  1995 
that  eliminated  the  permit  requirements  for  some  types  of  public  meetings.  A  re- 
quirement to  notify  tne  police  remained  for  most  others,  and  in  practice  numerous 
public  meetings  continued  to  be  prevented  or  broken  up. 

In  an  effort  to  control  NGO's,  unrecognized  political  groups,  and  some  student  or- 
ganizations in  the  aftermath  of  the  July  27,  1996  incident  and  in  the  period  prior 
to  the  May  general  election  and  afterwards,  the  Gk)vernment  prevented  or  broke  up 
numerous  meetings,  seminars,  and  other  peaceful  demonstrations,  and  public  gath- 
erings, although  it  allowed  others  to  occur.  In  November  1996,  high-level  govern- 
ment officials  made  public  threats  to  take  legal  action  against  selected  NGO's 
deemed  to  be  "trouble-making."  Several  of  those  groups,  specifically  the  People's 
Democratic  Party  (PRD)  and  its  affiliates  were  banned  oy  the  Government  on  Sep- 
tember 29,  and  the  authorities  used  close  monitoring  to  intimidate  other  NGO's, 
which  nonetheless  continued  to  operate. 

On  March  13,  the  police  in  Jakarta  broke  up  a  seminar  focused  on  the  upcoming 
general  election  jointly  sponsored  by  a  student  group,  several  NGO's,  and  the  Inde- 
pendent Election  Monitoring  Committee.  The  groups  said  publicly  that  they  had  no- 
tified the  police  in  accordance  with  relevant  regulations,  but  the  authorities  still  re- 
fused to  allow  the  event  to  proceed. 

On  April  11,  security  forces  in  Medan,  North  Sumatra  stopped  an  NGO  seminar 
on  advocacy  training  for  agrarian  affairs  during  its  second  day.  The  seminar  had 
been  scheduled  to  run  for  5  days.  In  June  a  meeting  bringing  together  NGO's  in 
Banda  Aceh  was  canceled  by  the  authorities  on  the  day  it  was  to  begin. 

An  evening  discussion  sponsored  by  student  groups  held  the  day  before  the  anni- 
versary of  the  1996  "July  27  incident"  was  broken  up  and  five  students  were  interro- 
gated. 

On  July  29,  police  in  the  Lampung  province  of  Sumatra  broke  up  a  training  ses- 
sion held  by  the  unrecognized  labor  federation,  the  Indonesian  Prosperity  Trade 
Union  (SBSI).  The  session  was  in  its  third  day  of  a  10-day  schedule  when  the  police 
shut  it  down.  Twenty-six  SBSI  members  were  arrested,  and  there  were  credible  re- 
ports that  some  of  them  were  beaten  while  in  detention. 

Although  the  Government  refused  to  grant  official  recognition  to  the  Independent 
Election  Monitoring  Committee,  it  allowed  the  KIPP  to  carry  out  limited,  yet  signifi- 
cant, monitoringactivities  during  the  campaign  and  election.  The  Government  also 
permitted  the  KIPP  to  hold  press  conferences  in  Jakarta  evaluating  the  election  and 
to  issue  a  public  report  with  its  findings,  which  outlined  many  fiaws  in  the  election. 


782 

However,  there  were  also  instances  where  the  KIPP  was  subjected  to  serious  re- 
strictions. For  example,  on  April  7,  the  police  in  South  Sulawesi  canceled  a  program 
organized  by  the  local  KIPP  chapter  designed  to  train  volunteer  election  monitors 
even  though  the  program  organizers  had  notified  the  police.  The  KIPP  was  unable 
to  function  in  Acen,  due  to  pressures  against  it.  An  April  discussion  there  sponsored 
by  the  KIPP  was  canceled  by  the  authorities. 

Security  forces  detained  24  student  demonstrators  at  Gadjah  Mada  University  in 
Yogyakarta  on  April  1.  The  police  accused  the  students  of  calling  for  an  election  boy- 
cott. On  April  2,  eight  students  were  violently  arrested  during  a  second  demonstra- 
tion in  which  they  called  for  the  release  of  the  first  group.  All  32  were  released  on 
April  3.  On  March  11,  three  student  activists  were  reportedly  arrested  in  Jakarta 
because  they  were  allegedly  attempting  to  call  for  an  election  boycott  by  putting  up 
posters  and  writing  graffiti. 

Security  forces  violently  dispersed  a  peaceful  gathering  of  supporters  of  Megawati 
Sukarnoputri  in  Bali  in  April,  assaulted  a  group  of  demonstrators  following  the  sen- 
tencing of  PRD  activists  in  April,  and  attacked  a  group  of  students  at  the  Indo- 
nesian Christian  University  campus  in  Jakarta  in  June  (see  Section  I.e.).  On  Sep- 
tember 19,  security  forces  stopped  a  congress  held  by  the  SBSI  in  Jakarta.  It  was 
the  first  day  of  a  planned  3-day  schedule.  Eight  members  of  the  congress's  organiza- 
tional committee,  two  Australian  trade  unionists,  and  two  Dutch  journalists  were 
detained  overnight.  Security  forces  broke  up  a  year-end  celebration  gathering  at  the 
SBSI  headquarters  on  December  27.  The  security  forces  claimed  that  the  SBSI  had 
not  obtained  the  necessary  permit,  and  27  people  were  detained.  Musical  instru- 
ments, recordings  of  labor  songs,  SBSI  archives,  banners,  photos,  and  participants 
belongings  were  confiscated. 

Security  forces  in  Jakarta  mobilized  on  July  27  to  prevent  supporters  of  Megawati 
Sukarnoputri  from  carrying  out  what  was  supposed  to  be  a  commemoration  of  the 
1996  "July  27  incident'  at  the  PDI's  former  neadauarters.  Several  smaller  groups 
were  able  to  approach  the  headquarters  where  tney  peaceably  conducted  group 
prayers  surrounded  bv  security  forces.  Several  thousand  supporters  of  Megawati 
were  jjermitted  to  rally  on  the  street  in  front  of  the  national  Parliament  on  April 
15.  Several  hundred  police  officers  on  the  scene  prevented  access  to  parliament 
grounds,  but  took  no  action  to  stop  the  gathering. 

An  NGO-sponsored  seminar  on  East  Timor  was  held  in  Jakarta  on  September  12 
without  government  interference.  A  public  dialogue  between  the  military  and  gov- 
ernment and  NGO's  was  held  on  September  8. 

Father  Romo  Ignatius  Sandyawan  Sumardi  and  his  brother  were  brought  to  trial 
in  Bekasi,  West  Java  in  October.  He  was  accused  of  harboring  three  political  dis- 
sidents including  People's  Democratic  Party  (PRD)  leader  Budiman  Sudjatmiko  and 
two  of  his  lieutenants  during  the  manhunt  for  them  that  took  place  in  August  1996. 
The  authorities  stated  that  they  blocked  Father  Sandyawan  from  seeking  needed 
medical  treatment  abroad  because  of  the  investigation  launched  in  August  1996. 

On  December  10,  there  were  a  number  of  student  demonstrations  planned  to 
mark  Human  Rights  Day.  The  military  blocked  some  but  permitted  others. 

The  Constitution  provides  for  freedom  of  association;  however,  the  (jovernment 
places  significant  controls  on  the  exercise  of  this  right.  The  1985  Social  Organiza- 
tions Law  (ORMAS)  requires  the  adherence  of  all  organizations,  including  recog- 
nized religions  and  associations,  to  the  official  ideology  of  Pancasila.  This  provision, 
which  limits  political  activity,  is  widely  understood  as  designed  to  inhibit  activities 
of  groups  seeking  to  engage  in  democratic  political  competition,  make  Indonesia  an 
Islamic  state,  revive  communism,  or  return  the  country  to  a  situation  of  partisan 
ideological  division.  It  empowers  the  Government  to  disband  any  organization  it  be- 
lieves to  be  acting  against  Pancasila  and  requires  prior  government  approval  for  any 
organization's  acceptance  of  funds  from  foreign  donors.  Nevertheless,  numerous  or- 
ganizations, includmg  the  independent  labor  organization,  the  SBSI,  and  the  KIPP, 
were  active  without  official  recognition  under  this  law. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  religious  freedom  for  mem- 
bers of  five  acceptea  religions  and  belief  in  one  Supreme  God.  The  Government  rec- 
ognizes Islam,  Catholicism,  Protestantism,  Buddhism,  and  Hinduism,  and  permits 
the  practice  of  the  mystical,  traditional  beliefs  of  "Aliran  Kepercayaan."  Although 
the  population  is  over  85  percent  Muslim,  the  practice  and  teachings  of  the  other 
recognized  religions  are  generally  respected,  ana  the  Government  actively  promotes 
mutual  tolerance  and  harmony  among  them.  However,  some  restrictions  on  certain 
types  of  religious  activity,  including  unrecognized  religions,  exist. 

Because  the  first  tenet  of  Pancasila  is  belief  in  one  Supreme  God,  atheism  is  for- 
bidden. Although  individuals  are  not  compelled  to  practice  any  particular  faith,  all 
citizens  must  choose  one  of  the  five  officially  recognized  religions.  As  this  choice 
must  be  noted  on  ofTicial  documents,  such  as  the  identification  card,  failure  to  iden- 


783 

tify  a  religion  can  make  it  impossible  to  obtain  such  documents.  The  legal  require- 
ment to  aahere  to  Pancasila  extends  to  all  religious  and  secular  organizations.  The 
Government  strongly  opposes  Muslim  groups  that  advocate  establishing  an  Islamic 
state  or  acknowledging  only  Islamic  law.  The  Government  banned  some  religions, 
including  Jehovah's  Witnesses,  Baha'i,  Confucianism  and  in  some  provinces  the 
messiamc  Islamic  sect  Darul  Arqam.  The  Government  closely  monitors  Islamic  sects 
considered  in  danger  of  deviating  from  orthodox  tenets,  and  in  the  past  has  on  occa- 
sion dissolved  such  groups. 

High-level  officials  continued  to  make  public  statements  and  emphasize  by  exam- 
ple the  importance  of  respect  for  religious  diversity.  Lower  level  ofTicials,  however, 
were  frequently  alleged  to  be  reluctant  to  facilitate  and  protect  the  rights  of  reli- 
gious minorities. 

A  1969  regulation  dictates  that  before  a  house  of  worship  can  be  built,  agreement 
must  be  obtained  from  local  residents  living  near  the  site  and  a  license  must  be  ob- 
tained from  the  regional  office  of  the  Ministry  of  Religion.  Some  Christians  claim 
that  this  regulation  is  being  used  to  discriminate  against  them  and  to  prevent  them 
from  building  churches.  Despite  the  problems,  the  building  of  churches  continues. 

The  law  allows  conversion  between  faiths,  and  such  conversions  occur.  Independ- 
ent observers  note  that  interfaith  marriage  between  Muslims  and  non-Muslims  have 
become  increasingly  difficult.  People  from  religions  outside  the  five  accepted  reli- 
gions have  difiiculty  having  their  marriage  officially  recognized.  There  was  one 
prominent  case  of  a  Confucian  couple  that  was  prohibited  from  getting  married. 

The  Government  views  proselytizing  by  recognized  religions  in  areas  heavily 
dominated  by  another  recogriized  religion  as  potentially  disruptive  and  discourages 
it.  Foreign  missionary  activities  are  relatively  unimpeded,  although  in  East  Timor, 
Irian  Jaya,  and  occasionally  elsewhere  missionaries  have  experienced  difficulties 
and  delays  in  renewing  residence  permits,  and  visas  allowing  the  entrance  of  new 
foreign  clergy  are  difficult  to  obtain.  Laws  and  decrees  from  the  1970's  limit  the 
number  of  years  that  foreign  missionaries  can  spend  in  Indonesia,  with  some  exten- 
sions granted  in  remote  areas  like  Irian  Jaya.  Foreign  missionary  work  is  subject 
to  the  funding  stipulations  of  the  ORMAS  law.  Citizens  practicing  the  recognized 
religions  maintain  active  links  with  coreligionists  inside  and  outside  the  country  and 
travel  abroad  for  religious  gatherings. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Although  in  1993  the  Government  drastically  reduced  the  number  of 
people  barred  either  from  entering  or  departing  Indonesia  from  a  publicly  an- 
nounced figure  of  8,897  "blacklisted  people  to  a  few  hundred,  such  restrictions  still 
exist.  The  Government  also  restricts  movement  by  citizens  and  foreigners  to  and 
within  parts  of  the  country.  In  addition,  it  requires  permits  to  seek  work  in  a  new 
location  in  certain  areas,  primarily  to  control  further  population  movement  to 
crowded  cities.  Special  permits  are  required  to  visit  certain  parts  of  Irian  Jaya.  The 
authorities  require  former  political  detainees,  including  those  associated  with  the 
abortive  1965  coup,  to  give  notice  of  their  movements  and  to  have  ofTicial  permission 
to  change  their  place  of  residence  (see  Section  l.f.). 

Authorities  carried  out  operations  to  investigate  citizens'  identification  cards 
(KTP),  including  stopping  motorists  and  raiding  entertainment  sites.  On  July  15,  in 
west  Jakarta  police  reportedly  checked  the  documents  of  3,000  people  and  fined 
many  for  not  having  proper  permission  to  be  in  Jakarta.  Teguh  Sunarto  was  de- 
tained during  a  similar  operation  in  Surabaya  for  not  having  his  identification  card. 
He  was  mistreated  and  died  after  his  release  from  detention  (see  Section  l.a.). 

The  Government  blocked  the  overseas  travel  of  some  political  activists,  some  of 
whom  were  seeking  medical  treatment.  Immigration  authorities  at  the  airport  in  Ja- 
karta on  April  10  stopped  human  rights  activist  Father  Romo  Sandyawan  Soemardi 
from  leaving  Indonesia  to  undergo  eye  surgery  in  Perth,  Australia.  He  had  been 
questioned  in  August  1996  in  connection  with  the  cases  against  the  PRD.  The  Ja- 
karta administrative  court  on  January  28  upheld  the  Attorney  General's  decision  to 
impose  a  1-year  travel  ban  on  Sri  Bintang  Pamungkas  on  April  18,  1996.  It  was 
the  second  l-vear  ban.  The  Government  initially  refused  detained,  independent 
labor  leader  Muchtar  Pakpahan's  request  to  receive  overseas  medical  evaluation  and 
treatment.  In  December  the  Government  permitted  a  team  of  Canadian  doctors  to 
examine  Pakpahan.  Already  serving  a  prison  sentence  stemming  from  a  1994  con- 
viction, he  was  being  tried  for  subversion.  The  trial  had  been  interrupted  due  to 
Pakpahan's  need  for  medical  treatment,  and  it  was  at  that  point  while  he  was  still 
in  the  hospital  that  he  had  sought  permission  to  obtain  treatment  overseas. 

The  Government's  1996  closure  of  certain  areas  of  Irian  Jaya's  central  highlands 
to  nonresidents  continued  into  1997.  The  areas  had  been  closed  due  to  the  military's 
special  operations  against  the  separatist  Free  Papua  Organization  (0PM),  the  group 
that  carried  out  killings  and  kidnapings  in  1996.  Exceptions  were  made  during  the 


784 

closure  of  these  areas,  including  for  some  religious  personnel.  Information  was  dif- 
ficult to  obtain  due  to  the  restrictions.  However,  credible  sources  asserted  that  secu- 
rity forces  were  occupying  villages  in  the  highlands,  exercising  tight  control  over  vil- 
lagers* movements,  and  forcing  them  to  periorm  uncompensated  labor  during  the  re- 
striction period.  There  were  credible  reports  that  in  late  1996  security  forces  had 
mistreated  local  residents  in  the  operational  area,  including  beatings  and  harsh  in- 
terrogation, destruction  of  homes  and  crops,  and  sexual  abuse,  and  that  in  January 
security  forces  burned  huts  in  one  village.  According  to  reliable  reports,  the  military 
carried  out  forced  movements  and  harassment  of  villagers  in  late  1997,  which  exac- 
erbated food  shortages  in  some  instances.  The  military  denied  that  it  was  restricting 
villagers'  movements  or  committing  abuses,  and  asserted  that  the  0PM  was  intimi- 
dating villagers. 

In  past  years,  the  Government  offered  first  asylum  to  over  125,000  Indochinese 
boat  people.  Indonesia's  Galang  Island  camp  was  closed  in  1996  as  the  last  remain- 
ing asylum  seekers  were  repatriated.  There  remain,  however,  some  14  persons 
awaiting  a  resettlement  opportunity  in  another  country.  The  Government  has  not 
formulated  a  policy  regarding  asylum  seekers  of  other  nationalities,  but  it  has  in 
practice  respected  theprincipie  oi  not  returning  asylum  seekers  to  the  country  from 
which  they  had  fled.  There  were  no  reports  of  the  forced  return  of  persons  to  a  coun- 
try where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  ability  to  change  their  government  through  democratic 
means.  There  has  never  been  an  electoral  challenge  to  President  Soeharto.  The 
1,000-member  People's  Consultative  Assembly  (MPR)  is  constitutionally  the  highest 
authority  of  the  State.  It  meets  every  5  years  to  elect  the  President  and  Vice  Presi- 
dent and  to  set  the  broad  outlines  of  state  policy.  The  MPR  is  effectively  controlled 
by  President  Soeharto  and  his  Government.  Five  hundred  members  of  the  MPR 
come  from  the  National  Parliament  (DPR),  425  of  whose  members  were  elected  in 
the  May  general  election  (up  from  400  elected  members  in  1992).  The  remaining  75 
members  are  military  appointees.  In  1993  the  MPR  elected  Soeharto  to  his  sixth 
uncontested  5-year  term  as  President.  Legally  the  President  is  constitutionally  sub- 
ordinate to  the  MPR,  but  actually  he  and  a  small  group  of  associates  exercise  gov- 
ernmental authority. 

Under  a  doctrine  known  as  dual  function,  the  military  assumes  a  significant  socio- 
political as  well  as  a  security  role.  Members  of  the  military  are  allotted  75  unelected 
seats  in  the  DPR,  in  partial  compensation  for  not  being  permitted  to  vote.  The  mili- 
tary holds  an  unelected  20  percent  of  the  seats  in  provincial  and  district  par- 
liaments, and  occupies  numerous  key  positions  in  the  administration.  The  other  85 
percent  of  national  and  80  percent  of  local  parliamentary  seats  are  filled  through 
elections  held  every  5  years.  All  adult  citizens,  except  active  duty  members  of  the 
armed  forces,  convicted  criminals  serving  prison  sentences,  and  some  36,000  former 
members  of  the  PKI,  are  eligible  to  vote.  Voters  choose  by  secret  ballot  between  the 
three  government-approved  political  organizations,  which  field  candidate  lists  in 
each  electoral  district.  Those  lists  must  oe  screened  by  BAKORSTANAS,  which  de- 
termines whether  candidates  were  involved  in  the  abortive  1965  coup  or  pose  other 
broadly  defined  security  risks.  Critics  charge  that  these  screenings  are  unconstitu- 
tional, since  there  is  no  way  to  appeal  the  results,  and  note  that  they  can  be  used 
to  eliminate  critics  of  the  Government  from  Parliament.  Strict  rules  establish  the 
length  of  political  campaigns,  access  to  electronic  media,  schedules  for  public  ap- 
pearances, and  the  political  symbols  that  can  be  used. 

The  Government  formally  permits  only  three  political  organizations  to  exist  and 
contest  elections.  The  largest  and  most  important  of  these  is  GOLKAR,  a  govern- 
ment-controlled organization  of  diverse  functional  groups.  The  President  strongly  in- 
fluences the  selection  of  the  leaders  of  GOLKAR,  of  which  he  is  the  senior  leader. 
GOLKAR  maintains  close  institutional  links  with  the  armed  forces  and  KORPRI, 
the  association  to  which  all  civil  servants  automatically  belong.  Civil  servants  may 
join  any  of  the  political  parties  with  official  permission,  but  they  are  in  practice  com- 
pelled to  support  GOLKAR.  Former  members  of  the  PKI  and  some  other  banned 
parties  may  not  run  for  office  or  be  active  politically. 

The  other  two  small,  legal,  political  organizations,  the  United  Development  Party 
(PPP)  and  the  Indonesian  Democratic  Party  (PDI),  are  not  considered  opposition 
parties,  and,  along  with  GOLKAR,  are  required  by  law  to  embrace  the  state  ideology 
of  Pancasila.  These  smaller  parties  are  not  permitted  to  maintain  party  offices  below 
the  district  level,  placing  them  at  a  disadvantage  to  the  government-supported 
GOLKAR,  which  has  offices  at  the  district  and  lower  administrative  levels.  CJovem- 
ment  authorities  closely  scrutinize  and  often  guide  the  activities  of  the  three  politi- 


785 

cal  organizations.  For  exaniple,  many  serving  parliamentarians  as  well  as  potential 
new  candidates  from  the  PDI  were  not  permitted  to  run  in  the  May  parliamentary 
election  after  the  Government  in  June  1996  engineered  the  ouster  of  the  popular 
leader  of  the  PDI,  Megawati  Sukarnoputri.  She  had  become  the  subject  oi  public 
speculation  as  a  possible  candidate  for  president  in  1998.  Members  of  the  DPR  and 
the  provincial  assemblies  may  be  recalled  from  office  bv  party  leaders.  An  outspoken 
DPR  member  from  the  ABRI  faction,  Major  General  Theo  Syafei,  was  removea  from 
the  house  prior  to  the  May  parliamentary  election.  Although  members  of  the  ABRI 
faction  in  the  DPR  can  be  replaced  at  any  time  at  the  behest  of  the  commander  in 
chief  of  the  armed  forces,  and  are  thus  not  technically  subject  to  recall,  the  timing 
of  Syafei's  dismissal  was  considered  unusual.  It  occurred  soon  after  he  had  publicly 
emphasized  that  voters  had  the  right  to  void  their  ballots  by  marking  the  symbols 
for  all  three  political  parties. 

The  May  parliamentary  election,  in  line  with  the  previous  five  elections  held  since 
1971,  denied  citizens  the  right  to  change  their  own  government  democratically.  The 
ruling  GOLKAR  party  secured  its  largest  electoral  victory  ever  with  more  than  74 

Percent  of  the  vote;  the  PPP  received  approximately  22  percent  of  the  vote,  and  the 
DI  just  over  3  percent.  Government-ousted  PDI  leader  Megawati  Sukarnoputri  and 
her  supporters  were  not  permitted  to  take  part  in  the  election,  a  factor  that  many 
independent  observers  publicly  concluded  led  to  the  drop  in  the  PDI's  vote  share 
from  the  17  percent  level  it  obtained  in  the  previous  election. 

Sporadic,  yet  significant,  .violence  occurred  during  the  27-day  campaign  period 
that  preceded  the  vote,  including  clashes  between  and  among  political  contestants, 
between  political  contestants  and  security  forces,  and  general  rioting.  Most  of  the 
hundreds  of  deaths  during  the  campaign  period  happened  as  a  result  of  accidents 
during  the  massive  street  rallies.  According  to  government  figures,  123  persons  died 
in  Banjarmasin,  South  Kalimantan  on  May  23,  the  last  day  of  the  campaign,  during 
a  fire  that  broke  out  in  a  department  store  amidst  major  rioting  and  looting.  In  ad- 
dition, numerous  injuries  resulted  from  clashes  before,  and,  in  some  places,  after  the 
election.  Many  observers  concluded  that  it  was  the  most  violent  campaign  ever.  The 
Government  succeeded  in  restricting  the  content  and  structure  of  the  campaign  and 
election,  perhaps  even  more  so  than  in  past  years.  However,  despite  new  rules  de- 
signed to  stop  the  street  rallies  that  had  been  prevalent  in  previous  campaigns,  and 
numerous  hi^  level  public  warnings  to  abide  by  these  rules,  large  rallies  were  re- 
peatedly carried  out  by  GOLKAR,  tne  PPP,  and,  to  a  far  lesser  extent,  by  the  PDI. 

In  the  midst  of  the  campaign,  the  Government  banned  all  materials  supporting 
an  embryonic  alliance  between  supporters  of  Megawati  Sukarnoputri  and  the  Unit- 
ed Development  Party  (PPP).  In  tne  period  prior  to  the  election,  the  President  and 
other  senior  government  officials  through  a  series  of  blunt  pronouncements  strongly 
urged  citizens  to  ignore  the  few,  mostly  indirect,  calls  that  were  made  to  boycott  the 
election.  The  Government  repeatedly  made  it  known  that  such  calls  were  illegal, 
through  public  statements  and  the  arrests  of  those  who  advocated  a  boycott,  includ- 
ing public  figure  such  as  Sri  Bintang  and  students  who  were  allegedly  distributing 
leaflets  calling  for  a  boycott.  A  few  student  and  church  groups  that  also  indirectly 
called  for  an  election  boycott  were  not  affected. 

The  election  and  campaign  were  marred  by  numerous,  credible  charges  of  fraud 
and  other  violations,  mostly  committed  by  the  Government  and  GOLKAR,  although 
there  were  also  some  campaign  violations  by  the  PPP  and  the  PDI.  The  reports  of 
fraud  and  other  violations  included  double  voting  by  members  of  GOLKAR,  govern- 
ment intimidation  of  PPP  and  PDI  poll  witnesses,  and  improper  supervision  of  the 
vote  counting.  In  a  few  districts  in  East  Java,  the  complaints  of  large-scale  vote 
fraud  resulted  in  destructive  rioting,  forcing  the  authorities  to  carry  out  a  re-vote 
because,  according  to  officials,  ballot  boxes  were  destroyed.  After  the  election  was 
over,  the  Government  claimed  to  have  discovered  that  64,000  votes  had  been  mis- 
counted, giving  one  more  parliamentary  seat  to  PDI. 

The  National  Commission  on  Human  Rights  called  on  the  Government,  Par- 
liament, election  contestants,  and  public  leaders  to  conduct  an  overall  evaluation  of 
the  election.  The  Government's  public  discussion  focused  mostly  on  improving  the 
techniques  of  campaigning  rather  than  on  the  underlying  factors  that  led  to  prob- 
lems during  the  election.  The  Government  said  that  it  would  investigate  the  reports 
of  campaign  violations  forwarded  by  all  three  election  contestants,  but  promised  no 
results  until  1998. 

The  Parliament  (DPR)  considers  bills  presented  to  it  by  government  departments 
and  agencies  but  does  not  draft  laws  on  its  own,  although  it  has  the  constitutional 
authority  to  do  so.  During  a  5-year  term  ending  in  October,  the  DPR  considered  and 
passed  over  70  pieces  of  legislation,  including  one  bill  two  times.  In  an  unprece- 
aented  and  possibly  unconstitutional  move,  the  President  returned  a  broadcasting 
bill  already  approved  by  the  Parliament  for  reconsideration  and  revision.  The  DPR 


786 

does  make  technical,  and  occasionally  substantive  alterations  to  bills  it  reviews. 
There  were  also  indications  that  the  DPR  was  to  a  limited  extent  able  to  make  sub- 
stantive changes  to  bills  that  reflected  the  interests  expressed  by  outside  groups. 
This  was  particularly  apparent  with  regard  to  the  manpower  bill  (see  Section  6). 
However,  there  was  public  criticism  after  reports  that  the  Minister  of  Manpower 
used  $1.3  million  from  the  government-manaated  Workers  Social  Insurance  Fund 
(JAMSOSTEK)  to  facilitate  passage  in  Parliament  of  the  manpower  bill. 

While  the  DPR  remains  clearly  subordinate  to  the  executive  branch,  it  has  become 
more  active  in  scrutinizing  government  policy,  and  in  exercising  oversight  of  govern- 
ment budgetary  expenditures  and  program  implementation  through  hearmgs  at 
which  members  of  the  Cabinet,  military  commanders,  and  other  hi^  ofTicials  are 
asked  to  testify.  The  DPR  also  has  become  increasingly  a  focal  point  of  appeals  and 
petitions  from  students,  workers,  displaced  farmers,  and  others  charging  human 
rights  abuses  and  airing  other  grievances.  It  rarely  is  the  source  of  anv  renef  to  pe- 
titioners other  than  providing  a  channel  through  which  their  complaints  can  be 
aired. 

While  there  are  no  legal  restrictions  on  the  role  of  women  in  politics,  they  are 
underrepresented  in  government.  The  May  parliamentary  election  represented  a 
step  backwards  for  women  in  terms  of  representation  in  Parliament,  with  their  per- 
centage falling  from  12  percent  to  9  percent  of  seats.  In  the  Cabinet,  2  of  41  min- 
isters are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Grovemment  pressure  on  domestic  human  rights  organizations  and  other  NGO's 
that  began  after  the  July  27  1996  violence  continued  in  the  period  prior  to  the  May 
general  election  (see  Section  2. a.). 

NGO's  faced  government  harassment,  including  police  raids  on  their  offices  sur- 
veillance by  police  or  military  intelligence,  interrogation  at  police  stations,  or  can- 
cellation of  private  meetings.  Government  officials,  as  in  1996,  publicly  threatened 
to  take  legal  action  against  some  NGO's. 

The  Government  reiterated  its  rejection  of  a  proposal  by  the  United  Nations 
Human  Rights  Commission  to  open  an  office  in  Jakarta  that  would  have  the  capac- 
ity to  monitor  human  rights  developments.  The  Government  had  indicated  a  willing- 
ness to  permit  an  office  to  open  in  Jakarta  if  its  mission  were  restricted  to  technical 
operations,  such  as  conducting  seminars  without  any  monitoring  function. 

The  Government  considers  outside  investigations  or  foreign-based  criticism  of  al- 
leged human  rights  violations  to  be  interference  in  its  internal  afTairs.  It  emphasizes 
its  belief  that  linking  foreign  assistance  or  other  sanctions  related  to  its  human 
rights  observance  constitute  interference  in  its  internal  afTairs  and  is  therefore  un- 
acceptable. Although  the  Government  did  not  articulate  a  clear  public  policy  on 
whether  it  would  invite  or  allow  foreigners  to  monitor  the  May  general  election,  two 
international  groups  did  observe  the  election  on  a  limited  basis. 

The  ICRC  continued  to  operate  in  East  Timor.  It  also  visited  prisoners  convicted 
of  participation  in  the  abortive  1965  coup,  convicted  Muslim  extremists,  and  East 
Timorese  and  other  political  prisoners  outside  of  East  Timor.  However,  throughout 
the  year  it  faced  obstacles  and  unwillingness  to  allow  visits,  including  continuing 
serious  delays  in  visiting  some  recent  or  new  detainees  or  prisoners  charged  with 
subversion  and  detained  in  Jakarta  and  elsewhere  after  the  1996  "July  27  incident." 
After  an  initial  visit  in  August  1996,  the  ICRC  was  not  permitted  further  visits  to 
the  PRD  prisoners  in  Jakarta  until  the  following  July. 

While  receiving  support  for  its  work  from  the  Government  in  principle,  the  ICRC 
periodically  faced  difficulty  in  implementing  its  humanitarian  program  in  East 
Timor.  Cooperation  with  local  commanders  improved  following  an  ICRC  seminar  for 
military  officers  held  in  Jakarta.  Participants  in  the  seminar  showed  improved  un- 
derstanding and  openness  for  the  ICRC  mission  and  frequently  eased  access  to  de- 
tainees in  East  Timor.  While  the  ICRC  was  able  to  visit  the  vast  majority  of  those 
known  to  have  been  detained  in  East  Timor,  problems  continued  in  visiting  detain- 
ees held  by  the  military  in  Aceh  and  North  Sumatra.  The  ICRC  has  not  been  able 
to  obtain  access  to  Aceh  since  March,  when  military  operations  took  place. 

Travel  to  East  Timor  by  foreign  human  rights  NGO's  other  than  the  ICRC  has 
not  been  approved.  Domestic  human  rights  organizations  are  able  to  visit,  however. 
One  foreign  NGO  worker  was  detained  in  East  Timor  in  November,  during  which 
time  she  stated  that  she  was  not  allowed  to  contact  her  embassy,  when  she  partici- 
pated in  and  photographed  a  candlelight  vigil  commemorating  the  1991  Dili  mas- 
sacre. She  was  expelled  to  Bali  following  10  hours  of  questioning. 

The  Government-appointed  National  Human  Rights  Commission,  in  its  4th  year 
of  operation,  continuea  to  be  active  in  examining  reported  human  rights  violations 


787 

and  continued  to  show  independence.  Lacking  enforcement  powers,  the  commission 
attempts  to  work  within  the  system,  sending  teams  where  necessary  to  inquire  into 
possible  human  rights  problems  and  employing  persuasion,  publicity,  and  moral  au- 
thority to  hi^light  abuses,  make  recommendations  for  legal  and  regulatory 
changes,  and  encourage  corrective  action. 

The  GJovemment  has  tended  to  ignore  some  Commission  findings  or,  in  some  in- 
stances, has  moved  lethargically  in  reaction  to  them.  It  was  reported  publicly  that 
the  Commission  asked  the  authorities  to  be  more  responsive.  In  September  1995, 
the  Commission  identified  six  cases  of  ABRI  abuse  of  indigenous  people  in  Irian 
Jaya,  involving  a  number  of  deaths;  only  one  was  ever  brought  to  trial,  and  the 
Commission  requested  followup  action  in  1997.  The  Government  made  Uttle 
progress  in  resolving  the  1996  "July  27  incident."  The  Government  moved  slowly  in 
response  to  the  Human  Rights  Commission's  October  1996  report  on  the  incident 
which  listed  23  persons  missing,  149  injured,  and  5  dead,  1  of  whom  had  been  shot. 
Two  government  ministers  publicly  declared  the  case  closed  in  August  and  said  that 
there  should  be  no  more  public  discussion  of  the  incident.  Supporters  of  ousted  PDI 
leader  Megawati  Sukarnoputri  had  announced  in  June  that  6  of  the  23  missing  per- 
sons had  been  found,  and  the  Commission  said  on  September  4  that  the  number 
of  missing  persons  was  down  to  16.  The  Commission  met  with  senior  government 
officials  in  September  who  reportedly  agreed  that  the  case  had  not  been  solved  and 
agreed  to  continue  to  search  for  the  remaining  16  persons.  No  action  was  promised 
on  the  Commission's  original  recommendation  that  legal  action  be  taken  against 
those  who  took  over  PDI  headquarters. 

The  Commission  opened  an  East  Timor  office  in  June  1996,  which  was  widely  re- 
garded as  a  positive  step  in  the  effort  to  address  and  resolve  human  rights  abuses 
tnere.  However,  many  observers  also  had  doubts  about  the  potential  effectiveness 
of  the  office  because  of  its  location  next  to  the  local  military  headquarters,  its  reli- 
ance on  government-provided  staffing,  and  the  fact  that  it  could  only  receive  com- 
81aints  and  send  them  back  to  Jakarta,  but  could  not  take  action  itself.  The  initial 
ow  of  citizens  to  the  facility  tended  to  comprise  people  who  did  not  make  com- 
plaints regarding  the  Government,  the  military,  or  local  authorities,  conveying  the 
impression  that  the  local  population  was  reluctant  to  approach  the  facility.  The  of- 
fice limited  itself  to  dealing  only  with  nonpolitical  cases  and  therefore  had  made  lit- 
tle impact  with  regard  to  the  more  serious  human  rights  problems  in  East  Timor. 
The  Commission  has  been  trying  to  address  these  problems,  but  by  year's  end  the 
office  remained  ineffective. 

The  Government  appointed  the  Commission's  original  chairman,  who  then  ap- 
pointed the  other  24  commission  members.  The  Commission  fills  vacancies  in  its 
ranks  independently  by  internal  election.  A  new  chairman  and  four  new  members, 
replacing  those  who  had  died  while  in  office,  were  elected  in  the  fall  of  1996.  Tlie 
Commission  moved  into  its  own  permanent  facilities  in  1996,  and  has  hired  several 
professional  staff  to  support  its  25  members  with  their  investigative  and  other  sub- 
stantive work. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  does  not  explicitly  forbid  discrimination  based  on  gender,  race, 
disability,  language,  or  social  status.  However,  it  stipulates  equal  rights  and  obliga- 
tions for  all  citizens,  both  native  and  naturalized.  The  1993  Guidelines  of  State  Pol- 
icy (legal  statutes  adopted  by  the  People's  Consultative  Assembly)  explicitly  states 
that  women  have  the  same  rights,  obligations,  and  opportunities  as  men.  However, 
these  guidelines  from  1978,  1983,  1988,  and  1993,  also  state  that  women's  participa- 
tion in  the  development  process  must  not  conflict  with  their  role  in  improving  family 
welfare  and  the  education  of  the  younger  generation.  Marriage  law  dictates  that  the 
man  is  the  head  of  the  family.  The  Constitution  grants  citizens  the  right  to  practice 
their  individual  religion  and  beliefs;  however,  the  Government  only  recognizes  five 
religions  and  imposes  some  restrictions  on  other  religious  activity. 

Women. — Violence  against  women  remains  poorly  documented.  However,  the  Gov- 
ernment has  acknowledged  the  problem  of  domestic  violence  in  society,  which  has 
been  aggravated  by  social  changes  brought  about  by  rapid  urbanization.  Rape  by  a 
husband  of  a  wife  is  not  considered  a  crime  under  the  law.  Although  women's 
groups  are  trying  to  change  the  law,  they  have  not  made  significant  progress. 

Cultural  norms  dictate  that  problems  between  husband  and  wife  are  private  mat- 
ters, and  violence  against  women  in  the  home  is  rarely  reported.  While  police  could 
bring  assault  charges  against  a  husband  for  beating  his  wife,  due  to  social  attitudes, 
they  are  unlikely  to  do  so.  Nonetheless,  according  to  reliable  sources,  the  police  have 
become  somewhat  more  responsive  to  domestic  violence  complaints. 


788 

Rape  is  a  punishable  offense.  Men  have  been  arrested  and  sentenced  for  rape  and 
attempted  rape  although  reliable  statistics  are  unavailable.  The  maximum  prison 
sentence  for  rape  is  12  years,  but  observers  say  that  sentences  are  usually  much 
shorter.  Mob  violence  against  accused  rapists  is  frequently  reported.  Women's  rights 
activists  believe  that  rape  is  seriously  underreported  due  to  the  social  stigma  at- 
tached to  the  victim.  Some  legal  experts  report  that  if  a  woman  does  not  go  imme- 
diately to  the  hospital  for  a  physical  examination  that  produces  physical  evidence 
of  rape,  she  can  not  bring  cnarges.  A  witness  is  also  required  in  order  to  bring 
charges,  and  only  in  rare  cases  is  there  a  witness,  according  to  legal  experts.  Some 
women  reportedly  fail  to  report  rape  to  police  because  the  police  do  not  take  their 
allegations  seriously. 

The  Government  provides  some  counseling  for  abused  women,  and  several  private 
organizations  exist  to  assist  women.  Many  of  these  organizations  focus  on  reuniting 
the  family  rather  than  on  providing  protection  to  the  women  involved.  Many  women 
rely  on  tne  extended  family  system  for  assistance  in  cases  of  domestic  violence. 
There  are  only  a  few  women's  crisis  centers  in  Indonesia,  including  a  drop-in  center 
founded  in  Jakarta  by  the  Government-sponsored  National  Women's  Organization 
(KOWANI)  in  1996  and  a  crisis  center  for  women  in  Yogyakarta  run  by  an  NGO. 
A  new  crisis  center  for  women,  "Women's  Partner,"  which  opened  in  Jakarta  in 
April,  runs  a  24-hour  hot  line  and  a  temporary  shelter  for  abused  women.  Training 
01  counselors  for  another  Jakarta  crisis  center,  called  "Speak,"  is  underway. 

Sexual  harassment  is  not  a  crime  under  the  law,  only  indecent  behavior.  Sexual 
harassment  charges,  however,  can  damage  a  civil  service  career.  The  current  law 
reportedly  covers  physical  abuse  only,  ana  requires  two  witnesses.  Female  job  appli- 
cants and  workers  have  complained  of  being  sexually  victimized  by  foremen  and  lac- 
tory  owners. 

There  are  credible  reports  of  trafficking  in  women  and  of  temporary  "contract 
marriages"  with  foreigners  in  certain  areas,  such  as  Kalimantan  and  Sumatra, 
though  the  extent  of  this  practice  is  unclear.  These  marriages  are  not  considered 
legal,  and  the  children  born  from  them  are  considered  bom  out  of  wedlock.  Prostitu- 
tion is  widespread.  Official  statistics  from  1994  report  that  there  were  70,684  pros- 
titutes in  Indonesia,  9,000  of  whom  were  in  Jakarta. 

According  to  the  Constitution,  women  are  equal  to  and  have  the  same  rights,  obli- 
gations, and  opportunities  as  men.  However,  in  practice  women  face  some  legal  dis- 
crimination. Marriage  law  dictates  that  the  man  is  the  head  of  the  family.  Marriage 
law  for  Muslims,  based  on  Islamic  law,  allows  men  to  have  up  to  four  wives  if  the 
first  wife  is  unable  "to  fulfill  her  tasks  as  a  wife."  Permission  of  the  first  wife  is 
required,  but  reportedly  most  women  cannot  refuse.  Civil  servants  and  members  of 
the  armed  forces  who  wish  to  marry  a  second  woman  must  also  have  permission 
from  their  supervisors.  To  set  an  example,  the  President  has  forbidden  cabinet  offi- 
cials and  senior  military  officers  to  have  second  wives.  In  divorce  cases  women  often 
bear  a  heavier  evidentiary  burden  than  men,  especially  in  the  Islamic -based  family 
court  system.  Alimony  is  rarely  received  by  divorced  women,  and  there  is  no  enforce- 
ment of  alimony  payment. 

The  1958  Citizenship  Law  states  that  children's  citizenship  is  based  only  on  the 
citizenship  of  the  father.  Children  of  citizen  mothers  and  foreign  fathers  are  consid- 
ered foreigners,  and  need  visas  to  remain  in  Indonesia  until  the  age  of  18,  when 
they  can  apply  for  citizenship.  They  are  prohibited  from  attending  Indonesian 
schools,  ancf  nave  to  attend  international  schools,  which  are  expensive.  The  case  of 
one  child,  the  5-year-old  son  of  a  female  citizen  and  a  Japanese  man,  attracted 
media  attention  in  1996,  after  the  child  was  ordered  to  leave  the  country  following 
the  divorce  of  his  parents  and  the  expiration  of  his  residency  visa.  In  1997  the  child 
returned  with  another  visa,  but  because  his  mother  could  not  afford  to  keep  him 
in  an  international  school,  he  eventually  was  sent  to  Japan  to  live  with  his  father. 

Foreign  women  married  to  citizens  also  face  difficulties.  Their  children  are  citi- 
zens and  thus  are  not  allowed  to  attend  international  schools  in  Indonesia.  These 
women  are  usually  taxed  as  the  foreign  head  of  household  but  they  do  not  have 
property,  business,  or  inheritance  rights.  There  has  been  much  discussion  about 
problems  with  the  Citizenship  Law,  and  NGO's  and  the  Government  appear  to 
agree  that  the  law  needs  to  be  revised. 

Although  some  women  enjoy  a  high  degree  of  economic  and  social  freedom  and 
occupy  important  positions  in  both  tne  pioblic  and  private  sectors,  the  majority  do 
not  enjoy  such  social  and  economic  freedoms  and  are  disproportionately  represented 
at  the  lower  end  of  the  socioeconomic  scale.  The  1995  national  profile  oi  women's 
positions  and  roles  showed  that  37.4  percent  of  civil  servants  were  women,  but  only 
5.6  percent  were  in  positions  of  authority. 

Income  disparity  oetween  men  and  women  diminishes  significantly  with  greater 
educational  achievement.  Female  workers  in  manufacturing  generally  receive  lower 


789 

wages  than  men.  Many  female  factory  workers  are  hired  as  day  laborers  instead  of 
as  mil-time  permanent  employees,  and  companies  are  not  required  to  provide  bene- 
fits, such  as  maternity  leave,  to  day  laborers.  Womens'  rights  activists  report  that 
there  is  a  growing  trend  in  manufacturing  to  hire  women  to  do  work  in  their  homes 
for  less  than  the  minimum  wage.  Unemployment  rates  for  women  are  approximately 
50  percent  higher  than  for  men.  Women  are  often  not  given  the  extra  benefits  and 
salary  that  are  their  due  when  they  are  the  head  of  household,  and  in  some  cases 
do  not  receive  employment  benefits  for  their  husband  and  children,  such  as  medical 
insurance  and  income  tax  deductions. 

Despite  laws  that  provide  women  with  a  3-month  maternity  leave,  the  Govern- 
ment nas  acknowledged  that  pregnant  women  are  often  dismissed  or  are  replaced 
while  on  leave.  Some  companies  require  that  women  sign  statements  that  they  will 
not  become  pregnant.  The  Employment  Law  mandates  2  days  of  menstrual  leave 
per  month  for  women,  although  this  leave  is  not  always  allowed.  Many  groups  com- 
plained that  the  draft  manpower  bill  was  vague  and  did  not  specify  the  length  of 
maternity  and  menstrual  leave  time  to  which  women  are  entitled.  It  also  did  not 
mandate  that  employers  give  breast-feeding  women  time  during  work  hours  to  feed 
their  babies.  The  new  law  passed  by  Parliament  on  September  12  was  revised  to 
once  again  include  these  rights.  Many  groups  have  criticized  the  law  for  not  ad- 
dressing sexual  harassment  and  violence  against  women  in  the  workplace,  and  for 
f)rovidinjg  inadequate  protection  in  areas  of  employment  where  women  have  regu- 
arly  suiiered  abuse,  such  as  overseas  employment  and  household  service.  The  law 
is  expected  to  take  effect  in  October  1998. 

Women  disproportionately  experience  illiteracy,  poor  health,  and  inadequate  nu- 
trition. The  President  called  for  expanded  efl'orts  to  reduce  the  high  maternal  mor- 
tality rate,  which  is  425  per  100,000  live  births,  according  to  official  figures,  and 
up  to  650,  according  to  estimates  from  other  sources.  The  Government  launched  the 
"mother  friendly  movement"  in  December  1996  to  address  maternal  mortality,  and 
is  currently  expanding  its  scope  to  cover  more  districts.  According  to  current  U.N. 
data,  two-thirds  of  Indonesian  women  are  anemic,  and  24  percent  of  women  of  re- 
productive age  suffer  from  chronic  energy  deficiency.  Women's  educational  indica- 
tors have  improved  in  the  last  decade,  ine  number  of  girls  graduating  from  high 
school  tripled  from  1980  to  1990. 

A  growing  number  of  NGO's  are  working  to  advance  women's  legal,  economic,  so- 
cial, and  political  rights.  They  have  had  some  success  in  gaining  ofiicial  cognizance 
of  women  s  concerns.  There  was  an  increase  in  the  number  of  conferences,  seminars, 
and  workshops  connected  with  women's  issues.  Most  were  sponsored  by  NGO's,  al- 
though some  were  oi^anized  by  academic  institutions  and  by  the  Government.  Most 
sessions  sought  to  raise  awareness  or  promote  advocacy  for  women. 

Children. — The  Government  is  committed  to  children's  rights  and  welfare,  but  is 
hampered  by  a  lack  of  resources  that  prevents  it  from  translating  this  commitment 
into  practice.  The  Government  allocates  only  2.2  percent  of  gross  national  product 
to  education.  A  1979  law  on  children's  welfare  defines  the  responsibility  of  the  State 
and  parents  to  nurture  and  protect  children.  However,  the  law's  provisions  on  pro- 
tection of  children  have  yet  to  go  into  effect  because  implementing  regulations  are 
still  being  negotiated.  The  Government  has  made  particular  efforts  to  improve  pri- 
mary education  and  maternity  services. 

Low  cost  medical  care  is  available,  although  access  and  availability  is  sometimes 
sporadic,  especially  in  rural  areas.  Moreover,  the  Government  commits  only  0.7  per- 
cent of  GNP  to  the  health  sector.  According  to  U.N.  data,  36  percent  oi  children 
under  5  years  of  age  sufiier  from  protein-energy  malnutrition,  and  35  percent  suffer 
from  iron  deficiency. 

Although  primary  education  is  in  principle  universal,  the  United  Nations  Chil- 
dren's Fund  (UNICEF)  estimates  thai  more  than  1  million  children  drop  out  of  pri- 
mary school  every  year  due  mainly  to  the  costs  associated  with  education  and  the 
need  for  the  children  to  supplement  family  income.  A  1994  law  raised  compulsory 
education  from  6  to  9  years,  but  the  law  has  not  been  fully  implemented  due  to  in- 
adequate school  facilities  and  the  lack  of  family  financial  resources  to  support  chil- 
dren staying  in  school.  Official  and  unofficial  fees  for  public  education,  including 
payments  for  registration,  books,  meals,  transport,  and  uniforms  have  risen  to  pro- 
hibitively high  levels  for  many  families. 

According  to  government  statistics,  8  percent  of  all  children  between  the  ages  of 
10  and  14  work.  Half  go  to  school  and  also  work,  and  half  work  exclusively.  Unoffi- 
cial estimates  of  working  children  are  higher.  According  to  the  Ministry  of  Social 
Affairs,  20,000  street  children  live  in  Jakarta.  Thousands  more  live  in  other  cities. 
They  sell  newspapers,  shine  shoes,  help  to  park  or  watch  cars,  and  otherwise  at- 
tempt to  earn  money.  Many  children  work  under  hazardous  conditions  as  scav- 
engers and  garbage  pickers,  and  on  fishing  platforms  and  fishing  boats.  According 


790 

to  credible  sources,  there  are  several  thousand  children  working  in  hazardous  condi- 
tions on  fishing  platforms  off  the  east  coast  of  North  Sumatra  (see  Section  6.c.). 
Many  thousands  work  in  factories  and  fields  (see  Section  6.d.). 

Street  children  and  child  laborers  in  some  cities  have  become  organized  and  inter- 
ested in  protecting  their  rights.  At  least  30  NGO's  work  with  street  children.  NGO's 
have  criticized  the  Government  for  making  insufTicient  and  inadequate  efforts  to 
help  street  children  and  working  children.  The  Government  is  working  in  coopera- 
tion with  the  United  Nations  Development  Program  (UNDP),  UNICEF,  the  Inter- 
national Labor  Organization  (ILO),  and  with  ^IGO's  to  create  programs  for  street 
children  and  child  laborers.  One  project  incorporates  many  ideas  generated  by  the 
NGO  community,  including  establishing  "open  houses"  in  targeted  areas  that  pro- 
vide vocational  training  and  basic  education  to  street  children.  Efforts  have  been  ini- 
tiated to  start  open  houses  for  street  children  in  seven  provinces. 

Another  approach  to  the  street  children  problem  utilizes  the  National  Program  for 
Discipline  and  Clean  Cities  Decree.  The  street  children  are  physically  removed  from 
cities  by  bus.  Usually,  they  are  taken  outside  the  city  and  left,  there.  Sometimes 
they  are  taken  to  "holding  houses"  where  they  are  first  interrogated  and  later  re- 
leased. Unlike  past  years,  there  were  no  reports  that  NGO's  wonting  for  the  rights 
of  children  experienced  harassment  by  the  authorities. 

Child  prostitution  and  other  sexual  abuses  occur,  but  firm  data  are  lacking.  While 
there  are  laws  designed  to  protect  children  from  indecent  activities,  prostitution, 
and  incest,  the  Government  has  made  no  special  enforcement  efforts  in  these  areas. 

A  separate  criminal  justice  system  for  juveniles  does  not  exist.  Police  officials 
admit  that  juveniles  are  oft,en  imprisoned  with  adult  offenders.  Juvenile  crime  is 
currently  handled  by  ordinary  courts.  A  juvenile  justice  law  was  passed  by  Par- 
liament in  December  1996,  and  was  signed  by  the  President  in  January.  However, 
it  does  not  come  into  effect  until  January  1998.  It  defines  juveniles  as  children  be- 
tween the  ages  of  8  and  18,  and  establishes  a  special  court  system  and  Criminal 
Code  for  them. 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  practiced 
in  some  parts  of  Indonesia.  The  method  varies  depending  on  ethnic,  cultural  and 
religious  tradition.  However,  the  most  prevalent  practice  is  a  ceremonial  one  that 
involves  the  pricking,  scraping,  or  touching  of  the  clitoris  of  a  baby  or  young  girl, 
often  with  the  purpose  of  drawing  several  drops  of  blood.  Sometimes,  a  plant  root 
is  used  symbolically  and  the  girl  is  not  touched.  A  more  serious  form  of  FGM  in- 
volves the  removal  of  the  tip  of  the  clitoris.  This  practice  appears  to  be  declining, 
and  there  is  disagreement  about  how  widely  practiced  it  is.  It  reportedly  still  is 
practiced  in  Madura,  South  Sulawesi,  and  other  areas.  Since  FGM  is  not  regulated, 
and  no  formal  position  has  been  taken  by  religious  leaders,  the  method  used  is  often 
left  up  to  the  individual  local  traditional  practitioner.  FGM  usually  takes  place  with- 
in the  first  year  after  birth,  often  on  the  40th  day,  though  it  is  done  in  some  areas 
up  to  age  10.  It  is  performed  either  at  a  hospital  or,  especially  in  rural  areas,  by 
the  local  traditional  practitioner.  There  are  no  statistics  available  on  FGM. 

People  With  Disabilities. — According  to  U.N.  estimates,  there  are  10  million  dis- 
abled persons  in  the  country,  while  tne  Ministry  of  Social  Affairs  estimates  that  3 
percent  of  the  population,  or  6  million  persons  are  disabled.  However,  there  are  no 
precise  statistics.  Families  often  hide  their  disabled  family  members  to  avoid  social 
stigma  or  embarrassment.  The  disabled  face  considerable  discrimination  in  employ- 
ment, although  some  factories  have  made  special  efforts  to  hire  disabled  workers. 
Several  provinces  have  established  "rehabilitation  centers"  for  the  disabled.  Dis- 
abled persons  are  reportedly  taken  off  the  streets  by  the  authorities  and  brought 
to  these  centers  for  joo  training. 

NGO's  are  the  primary  providers  of  education  for  the  disabled.  There  are  cur- 
rently 1,084  schools  for  the  disabled;  680  are  private,  and  404  are  government 
schools.  Of  the  government  schools  165  are  "integrated,"  serving  both  regular  and 
special  education  students.  In  Jakarta  there  are  98  schools  for  the  disabled,  2  of 
which  are  government-run,  and  96  of  which  are  private.  The  (jovemment  also  runs 
three  national  schools  for  the  visually,  hearing,  and  mentally  disabled.  These 
schools  accept  children  from  throughout  the  country. 

A  Disability  Law  was  passed  in  January.  Implementing  regulations  have  not  been 
issued,  so  the  impact  of  the  law  remains  unclear.  The  law  strives  to  provide  access 
to  education,  employment,  and  assistance  for  the  disabled.  It  requires  companies 
employing  over  100  people  to  give  1  percent  of  the  jobs  to  the  disabled.  The  law 
mandates  accessibility  for  the  disabled  to  public  facilities.  Virtually  no  buildings  or 
public  transportation  have  been  designed  with  such  accessibility  in  mind. 

The  Constitution  requires  that  the  Government  provide  care  for  orphans  and  the 
disabled,  but  does  not  specify  how  the  term  "care"  should  be  defined,  and  the  provi- 


791 

sion  of  education  to  all  mentally  and  physically  disabled  children  has  never  been 
inferred.  Regulations  specify  that  the  Government  establish  and  regulate  a  national 
curriculum  for  special  education  by  stipulating  that  the  "community  provide  special 
education  services  to  its  children. 

Indigenous  People. — The  Government  considers  the  term  "indigenous  people"  to  be 
a  misnomer,  because  it  considers  all  Indonesians  to  be  indigenous.  Nonetneless,  it 
publicly  recognizes  the  existence  of  several  "isolated  communities,"  and  that  they 
nave  a  right  to  participate  fully  in  political  and  social  life.  The  Government  esti- 
mates that  the  number  of  people  in  isolated  communities  is  1.5  million.  This  in- 
cludes, but  is  not  limited  to,  groups  such  as  the  Dayak  population  in  Kalimantan 
who  live  in  remote  forest  areas,  indigenous  communities  throughout  Irian  Java,  and 
economically  disadvantaged  families  living  as  sea  nomads  on  boats  near  Riau  in 
East  Sumatra  and  near  Uiung  Pandang  in  southern  Sulawesi.  Critics  maintain  that 
the  Government's  approacn  is  basically  paternalistic  and  designed  more  to  integrate 
indigenous  people  into  society  than  to  protect  their  traditional  way  of  life.  Human 
rights  monitors  criticize  the  Government's  transmigration  program  for  violating  the 
rirfits  of  indigenous  people. 

Sixty  percent  of  the  population  of  200  million  live  in  Java,  which  represents  only 
7  percent  of  the  country's  territory.  The  government-sponsored  transmigration  pro- 
gram seeks  to  resettle  people  from  densely  populated  areas  to  sparsely  populated 
areas  outside  Java.  The  majority  of  migrants  are  spontaneous  migrants  who  are  not 
part  of  the  official  program.  The  current  5-year  development  plan  calls  for  600,000 
lamilies  to  be  resettled,  with  80,000  planned  for  the  1997-98  fiscal  year. 

Critics  of  transmigration  claim  that  it  often  threatens  indigenous  cultures  and 
sparks  social  envy.  Some  critics  claim  that  it  has  been  used  as  a  political  tool  to 
inject  nonindigenous  people  into  certain  areas  to  "Indonesianize"  these  areas,  in 

6 art  to  preclude  secessionist  movements.  In  some  areas,  such  as  in  certain  parts  of 
Kalimantan,  East  Timor  and  Irian  Jaya,  relations  between  transmigrants  and  indig- 
enous people  are  hostile.  Complaints  about  transmigration  come  from  indigenous 
groups  receiving  less  government  support  and  funding  than  transmigrants,  and 
from  transmigrants,  who  are  in  some  cases  moved  to  areas  with  inadequate  infra- 
structure to  support  them  and  less  than  desirable  land. 

There  were  protracted  outbreaks  of  serious  rioting  between  ethnic  groups  in  West 
Kalimantan  in  late  December  1996,  and  in  January  and  February  wnen  thousands 
of  largely  Christian  Dayak  tribesmen  attacked  immigrant  Muslim  Madurese.  Hun- 
dreds, possibly  over  1,000  persons,  primarily  Madurese,  died  in  the  fighting,  and  an 
estimated  15,000  Madurese  fled  the  violence.  The  explosion  of  violence,  the  sixth 
Dayak -Madurese  confrontation  in  the  past  30  years,  grew  partly  out  of  Dayak  per- 
ception that  they  were  being  marginalized  in  their  native  lands.  The  Madurese  com- 
munity in  West  Kalimantan  grew  around  an  earlier  core  of  transmigrants,  although 
the  majority  of  Madurese  are  spontaneous  immigrants. 

The  Government's  emphasis  on  relatively  rapid  growth  and  development  strate- 
gies, burgeoning  urbanization,  and  aggressive  government-backed  commercial  ex- 
ploitation of  natural  resources  results  in  continued  tension  over  land  tenure  issues. 
That  tension  is  often  expressed  along  racial/ethnic  lines  as  developers  are  frequently 
ethnic  Chinese  Indonesians.  Land  disputes  represent  the  largest  category  of  com- 
plaints submitted  to  the  National  Human  Rights  Commission  and  a  significant  por- 
tion of  the  cases  brought  to  legal  aid  foundations  and  other  legal  assistance  organi- 
zations. 

According  to  a  law  derived  from  Dutch  practices,  all  subsurface  mineral  resources 
belong  to  the  Government.  The  Basic  Agrarian  Law  states  that  land  rights  cannot 
be  "in  conflict  with  national  and  state  interests,"  which  provides  the  Government 
with  a  broad  legal  basis  for  land  seizures.  When  disputes  cannot  be  settled  the  Gov- 
ernment has  the  authority  to  define  fair  compensation  for  land. 

There  are  numerous  instances  of  the  use  of  intimidation,  sometimes  by  the  mili- 
tary, and  often  by  hired  "thugs,"  to  acquire  land  for  development  projects,  particu- 
larly in  areas  claimed  by  indigenous  people.  Such  intimidation  has  been  used  in  Ja- 
karta, other  parts  of  Java,  North  Sumatra,  Aceh,  and  other  areas.  Compensation 
paid  for  the  land  is  often  minimal  or  even  nonexistent.  In  one  case,  according  to 
credible  sources,  residents  living  in  an  area  needed  for  a  new  cement  factory  in  Aceh 
were  paid  less  than  the  equivalent  of  20  cents  per  square  meter  of  land,  which  they 
felt  was  inadequate  compensation.  In  July  residents  of  Magelang,  Central  Java  com- 
plained to  the  regional  parliament  about  the  military  taking  over  their  land  for  mili- 
tary use.  The  complaint  alleges  that  local  residents  were  coerced,  visited  at  night 
by  military  and  local  authorities,  and  told  to  accept  $2.00  per  square  meter  for  their 
land,  which  they  saw  as  insufficient  compensation. 

NGO's  assert  that  violations  of  the  rights  of  indigenous  people  are  freouent  in 
mining  and  logging  areas,  and  state  that  violations  stem  from  tne  State's  aenial  of 


792 

ownership  by  indigenous  people  of  ancestral  land,  denial  of  social  structure,  and 
forced  talceover  of  land.  These  problems  are  most  prevalent  in  Irian  Jaya  and 
Kalimantan. 

NGO's  report  that  local  people  have  suffered  as  a  result  of  a  project  in  Central 
Kalimantan  to  turn  one  million  hectares  of  peat  land  into  agricultural  land  for  rice 
cultivation.  The  site  is  desigriated  as  a  major  transmigration  area.  According  to 
credible  sources,  100,000  indigenous  people  are  aflected  by  the  project.  Forced  to 
cease  their  traditional  farming  and  forest-based  livelihoods,  many  indigenous  people 
living  in  the  area  have  become  poorly  paid  laborers  on  the  project. 

Local  residents  in  the  isolated  Tanimbar  islands  in  southeast  Maluku  staged  fu- 
tile protests  against  the  destruction  of  forests,  fauna,  and  local  tribal  cultures  pri- 
marily due  to  logging. 

Where  indigenous  people  clash  with  development  projects,  the  developers  almost 
always  win.  Decisions  regarding  development  projects,  resource-use  concessions,  and 
other  economic  activities  are  generally  carried  out  without  the  participation  or  in- 
formed consent  of  the  affected  communities.  Unlike  in  past  years,  there  were  no  re- 
ports that  environmental  NGO's  that  sought  to  aid  these  communities  were  sub- 
jected to  verbal  attacks,  raids,  and  other  forms  of  intimidation  by  government  secu- 
rity forces. 

Tensions  with  indigenous  people  in  Irian  Jaya,  including  in  the  vicinity  of  a  for- 
eign mining  concession  area  near  Timika,  continued.  Indigenous  Irian  Jaya  resi- 
dents complain  of  racism,  religious  bias,  paternalism,  and  condescension  as  constant 
impediments  to  better  relations  with  non-Irianese  people,  including  members  of  the 
Government,  the  military  and  the  non-Irianese  business  community.  They  also  com- 
plain of  abusive  behavior  by  the  security  forces.  A  large  percentage  of  the  population 
of  Irian  Jaya  is  now  made  up  of  migrants,  who  are  economically  and  politically  dom- 
inant. Most  civil  servants  in  local  governments  in  Irian  Jaya  and  other  isolated 
areas  continue  to  come  primarily  from  other  parts  of  Indonesia,  rather  than  from 
the  local  indigenous  population. 

The  anticipated  distribution  of  funds  from  a  foreign  mining  company  created  ten- 
sions that  helped  lead  to  a  clash  between  tribal  groups  and  security  forces  in  August 
in  the  Timika-Tembagapura  area,  which  led  to  the  shooing  deaths  of  two  Irianese 
and  injuries  to  security  forces  (see  Section  l.a.).  At  about  the  same  time,  two  groups 
supporting  rival  leaders  of  the  Moni  tribal  group  held  demonstrations  over  their 
claims  to  part  of  the  funds  from  the  foreign  mining  company,  and  then  later  massed 
together  near  the  ofiice  of  the  local  district  leader  to  press  their  demands.  Credible 
NGO  sources  report  that  bystanders  to  this  event  were  assaulted  by  security  forces. 
Due  to  local  protests  over  how  the  funds  would  be  allocated,  the  company  suspended 
disbursements  for  new  prmects  under  this  initiative. 

Religious  Minorities. — There  were  a  number  of  incidents  of  attacks  against 
churches,  temples,  and  other  religious  facilities,  many  of  which  occurred  in  the 
midst  of  larger  riots.  There  were  also  instances  of  preaching  and  publications 
against  Christians,  which  led  to  concerns  that  the  societal  support  for  religious  tol- 
erance was  under  pressure.  Underlying  socioeconomic  and  political  tensions,  in 
many  instances  between  poor  Muslims  and  well-to-do  ethnic  Chinese  Christians, 
were  key  factors  in  such  incidents.  The  Government  has  not  fully  resolved  many 
cases  of  attacks  on  religious  facilities  and  churches  that  occurred  during  riots,  and 
in  other  cases  has  not  investigated  at  all. 

During  February,  the  Islamic  fasting  month  of  Ramadan,  many  churches  around 
the  country  reportedly  received  threatening  phone  calls  or  faxes  from  unknown 
groups  warning  of  future  destruction  on  specific  dates.  While  there  were  incidents 
of  church  burnings  and  attacks  during  this  period,  the  widespread  attacks  that  were 
threatened  did  not  materialize.  Nevertheless,  the  threats  caused  fear  in  many 
Christian  communities.  Sources  in  Medan,  North  Sumatra  reported  that  local  resi- 
dents, in  one  case  with  the  help  of  the  armed  forces,  guarded  churches  during  these 
periods.  A  Catholic  church  in  Bandung,  a  Mormon  church  in  Semarang,  and  church- 
es in  Jakarta,  among  others,  received  threats.  Reliable  sources  reported  that  Catho- 
lic communities  were  threatened  with  violence  in  a  town  in  Central  Java,  but  a  local 
interreligious  meeting  served  to  defuse  tensions.  There  were  credible  reports  of 
threats  against  Christians  and  ethnic  Chinese  in  the  central  Javanese  towns  of 
Purwokerto  and  Purworedjo  during  this  time  as  well.  Reliable  sources  reported  that 
many  churches  that  were  threatened  were  guarded  by  church  groups  and  local  alli- 
ances of  Christian  and  Muslim  youth. 

A  Catholic  school  in  Ambon  was  burned  in  February,  but  local  residents  described 
it  as  an  unusual  occurrence  in  Ambon,  where  relations  between  religious  and  ethnic 
groups  are  said  to  be  generally  good.  A  church  in  Garut,  West  Java  was  burned  on 
February  22,  and  another  was  destroyed  there  on  March  6. 


793 

There  were  several  instances  of  mob  violence  that  included  attacks  on  churches, 
other  religious  facilities,  and  Chinese-owned  businesses.  Rioting  and  church  burn- 
ings occurred  in  Rengesdengklok,  West  Java  in  January,  in  which  five  churches 
were  destroyed  by  mob  violence.  The  incident  was  sparked  after  a  confrontation  be- 
tween a  Chinese  woman  and  local  Muslim  youths.  The  rioting  that  followed  caused 
widespread  damage  to  churches.  Two  Buddhist  temples  were  also  damaged  or 
burned. 

There  were  credible  reports  of  church  burning  and  damage  to  churches  and  Chris- 
tian schools  during  the  year.  For  example,  there  were  two  incidents  in  Garut,  West 
Java,  during  which  one  church  was  burned  in  February  and  another  was  wrecked 
in  March.  There  were  stone  throwing  incidents  at  two  churches  in  Wonosobo,  Cental 
Java  and  four  churches  in  Surabaya,  Central  Java  in  March  and  April.  A  church 
in  Ngawi,  Central  Java  was  wrecked  in  March;  a  Pentecostal  church  in  Tuban,  East 
Java  was  burned  in  May;  a  Pentecostal  church  in  Manado,  North  Sulawesi  was 
wrecked  in  May;  and  a  church  in  Bogor  was  destroyed  in  Mav. 

There  were  also  credible  reports  of  church  burning  ana  church  destruction  in 
many  cities  on  May  23,  the  last  day  of  the  election  campaign,  including:  13  churches 
burned  or  wrecked  in  Banjarmasin,  South  Kalimantan;  5  churches  wrecked  in 
Pasuruan,  East  Java;  1  church  wrecked  in  Kudus,  Central  Java;  7  churches  wrecked 
in  the  area  surrounding  Jakarta;  and  1  church  wrecked  in  Madura,  East  Java.  A 
Protestant  church  in  Jakarta,  which  was  stoned  twice  during  the  last  week  of  the 
campaign,  was  burned  on  May  23. 

After  the  election  campaign,  tensions  eased  but  there  were  more  churches  at- 
tacked: 1  church  was  burned  in  Madura  in  June;  1  church  was  burned  in  Bogor, 
West  Java  in  July;  1  church  was  burned  in  Kediri,  East  Java  in  July;  1  church  in 
South  Kalimantan  was  burned  in  August;  1  church  was  wrecked  in  Gorontalo, 
North  Sulawesi  in  September;  a  number  of  churches  and  Catholic  schools  were  at- 
tacked during  rioting  in  Ujung  Pandang,  South  Sulawesi  in  September,  1  church  in 
Jember,  East  Java  was  attacked  in  October;  1  church  was  attacked  in  Blitar,  East 
Java  in  October  and  2  others  were  burned  in  November;  in  Yogyakarta,  1  church 
was  burned  and  another  was  wrecked  in  November. 

Many  of  the  churches  that  were  burned  or  damaged  during  the  October  1996 
Situbondo  riot  were  successfully  rebuilt  with  cooperation  between  Christian  and 
Muslim  communities. 

An  interreligious  alliance  of  national  student  and  youth  groups  called  the  Nation- 
ality Forum  for  Indonesian  Youth,  was  formed  in  February,  in  part  as  a  response 
to  increased  tensions  following  the  Situbondo  riot  and  church  burnings  in  October 
1996,  to  provide  a  forum  for  cooperation  between  religious  groups  and  for  commu- 
nication to  the  p-ass  roots  to  prevent  further  unrest.  This  group  includes  organiza- 
tions representmg  Muslim  (Nahdlatul  Ulama),  Protestant,  Catholic,  and  Hindu 
youth. 

National  I  Racial  I  Ethnic  Minorities. — The  Government  officially  promotes  racial 
and  ethnic  tolerance.  Ethnic  Chinese,  at  approximately  3  percent  of  the  population 
by  far  the  largest  nonindigenous  minority  group,  have  historically  played  a  major 
role  in  the  economy.  They  are  the  target  of  discrimination.  Anti-Chinese  sentiment 
has  led  to  attacks  on  Chinese-owned  businesses  during  periods  of  social  unrest,  as 
was  seen  during  the  Rengesdenklok  riot  in  January  and  the  Ujung  Pandang  riots 
in  September.  Widespread  anti-Chinese  rioting  in  Ujung  Pandang,  South  Sulawesi 
was  sparked  by  the  act  of  a  mentally  ill  Indonesian  of  Chinese  descent  who  killed 
a  9-year-old  on  a  city  street.  The  incident  sparked  several  days  of  rioting  in  which 
6  people  reportedly  died,  and  over  1,000  shops  were  reportedly  damaged,  as  were 
a  number  of  Chinese-owned  banks  and  a  hotel.  Most  of  the  destroyed  property  was 
targeted  because  of  Chinese  connections.  Chinese  temples  were  attacked^  and  the 
most  historic  local  temple  was  destroyed. 

Since  1959  noncitizen  ethnic  Chinese  have  been  denied  the  right  to  run  busi- 
nesses in  rural  Indonesia.  Regulations  prohibit  the  operation  of  Chinese  schools,  for- 
mation of  exclusively  Chinese  cultural  groups  or  trade  associations,  and  public  dis- 
play of  Chinese  characters,  although  Chinese  characters  are  seen  on  some  products. 
The  Government  permits  the  publication  of  one  government-owned  Chinese-lan- 
guage daily  newspaper,  otherwise  legislation  bans  the  import,  sale  or  distribution 
of  Cninese-language  material.  However,  Chinese-language  materials  have  begun  to 
appear  in  Chinese  neighborhoods  in  Jakarta  and  possibly  elsewhere.  Since  1994  the 
Government  has  allowed  Chinese-language  instruction  for  employees  in  the  tourism 
industry,  and  has  allowed  distribution  of  locally  printed  Chmese-language  tourist 
brochures,  programs,  and  similar  material  to  Chinese  speaking  tourists. 

Private  instruction  in  Chinese  is  generally  prohibited  but  takes  place  to  a  limited 
extent.  The  University  of  Indonesia  offers  Chinese-language  courses.  State  univer- 
sities have  informal  quotas  that  limit  the  number  of  ethnic  Chinese  students.  The 


794 

law  forbids  the  celebration  of  the  Chinese  New  Year  in  temples  or  public  places,  but 
enforcement  is  limited.  Chinese  New  Year  decorations  were  prominently  displayed 
and  sold  in  public  shopping  areas  in  at  least  a  few  cities.  In  June  a  senior  official 
in  charge  of  ethnic  integration  was  quoted  in  the  press  as  saying  that  the  ban  on 
Chinese-language  publications  should  not  be  hastily  relaxed,  due  to  racial  concerns. 
East  Timorese  and  various  human  rights  groups  charge  that  the  East  Timorese 
are  underrepresented  in  the  civil  service  in  East  Timor.  The  Government  has  made 
some  efforts  to  recruit  more  civil  servants  in  both  East  Timor  and  Irian  Jaya,  and 
there  has  been  some  increase  in  the  number  of  civil  servant  trainees  for  these  two 
provinces,  despite  a  "no  growth"  policy  for  the  civil  service  as  a  whole.  East  Timor- 
ese have  expressed  concerns  that  the  transmigration  program  (see  Section  l.f.)  could 
lead  to  fewer  employment  opportunities  and  might  eventually  destroy  East  Timor's 
cultural  identity.  The  Government  said  that  the  transmigration  program  in  East 
Timor  focused  mostly  on  resettlement  of  Timorese,  with  a  much  smafler  portion  of 

f)redominantly  Christian  and  Hindu  non-Timorese  coming  in  from  outsiae.  In  the 
ast  several  years,  informal,  predominantly  Muslim  migration  to  the  province  has 
sparked  socioeconomic  tension  in  urban  areas,  provoking  even  greater  concern  than 
the  formally  sponsored  transmigration  program. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Private  sector  workers  are  by  law  free  to  form  work- 
er organizations  without  prior  authorization.  However,  government  policies  and  nu- 
merical requirements  for  union  recognition  constitute  a  significant  barrier  to  free- 
dom of  association  and  the  right  to  engage  in  collective  bargaining.  The  Department 
of  Manpower  uses  a  regulation  that  requires  that  a  union  be  set  up  "by  and  for 
workers"  to  deny  recognition  to  groups  that  include  people  it  considers  nonworkers, 
such  as  lawyers  or  human  rights  activists,  who  are  involved  as  labor  organizers. 
Under  a  new  Law  on  Manpower  Affairs  that  the  Parliament  passed  in  September, 
workers  may  form  unions  on  the  basis  of  "democratic  consultation"  with  other  work- 
ers in  the  same  company,  and  may  join  with  other  unions  to  form  sectoral  and  inter- 
sectoral  federations.  The  new  law  does  not  take  effect  until  October  1,  1998,  and 
requires  implementing  regulations. 

There  is  a  de  facto  single  union  system,  the  All -In  done  si  an  Trade  Union  (SPSI) 
and  its  13  federated  sectoral  unions.  The  SPSI  completed  in  1995  a  transformation 
from  a  unitary  (centralized)  to  a  federative  (decentralized)  structure.  Its  13  indus- 
trial sectors  are  registered  as  separate  national  unions;  the  SPSI  is  the  only  trade 
union  federation  recognized  by  the  Department  of  Manpower.  The  Minister  of  Man- 
power has  stated  that  any  unions  that  are  formed  should  afTiliate  with  the  SPSI 
federation,  and  that  the  (government  would  not  recognize  any  unions  outside  the 
federation.  The  Government's  stated  policy  is  to  improve  effectiveness  of  the  recog- 
nized SPSI  unions  rather  than  to  allow  the  formation  of  alternative  organizations. 

The  (jovemment  may  dissolve  a  union  if  it  believes  that  the  union  is  acting 
against  Pancasila,  although  it  has  never  actually  done  so,  and  there  are  no  laws  or 
regulations  specifying  procedures  for  union  dissolution. 

Until  1994  only  the  SPSI  could  legally  bargain  on  behalf  of  employees  or  rep- 
resent workers  in  the  Department  of  Manpower's  labor  courts.  A  1994  regulation 
provides  that  workers  in  a  single  company  with  more  than  25  employees  can  join 
together  as  a  "plant-level  union"  and  negotiate  a  legally  binding  agreement  with 
their  employer  outside  the  SPSI  framework,  although  the  Government  encourages 
these  plant-level  unions  to  join  the  SPSI.  By  year's  end,  1,234  plant-level  unions  had 
been  established,  reflecting  a  small  increase  during  the  year.  NGO's  have  charged, 
however,  that  many  of  these  unions  are  "yellow  unions'  formed  by  company  man- 
agement with  little  or  no  worker  participation.  There  were  also  credible  reports  that 
local  Department  of  Manpower  officials  have  accepted  payments  from  employers  to 
set  up  plant-level  unions  in  their  factories  because  they  are  considered  even  weaker 
than  the  SPSI. 

Two  labor  groups  other  than  the  SPSI  are  active  but  not  recognized  by  the  (Jov- 
emment: the  Indonesian  Prosperity  Trade  Union  (SBSI)  and  the  Alliance  of  Inde- 
pendent Journalists  (AJI).  The  SBSI,  created  in  1992,  claims  that  it  has  formed  the 
necessary  number  of  factory-level  units  to  meet  the  legal  requirements  for  registra- 
tion as  a  labor  union,  but  its  most  recent  request  (in  November  1994)  for  registra- 
tion as  a  trade  union  was  denied.  The  Department  of  Manpower  has  also  blocked 
SBSI  attempts  to  register  with  the  Department  of  Home  Affairs  as  a  social  organiza- 
tion under  the  ORMAS  Law.  The  Government  considers  the  SBSI  to  be  illegal.  Al- 
though the  (Government  has  not  disbanded  it,  it  continues  to  harass  the  SBSI  by 
disbanding  its  meetings  and  training  seminars  and  pressuring  companies  to  fire  its 
members.  Specific  government  actions  against  the  SBSI  during  the  year  included 
the  detention  and  interrogation  of  two  members  in  Binjai,  North  Sumatra  in  May 


795 

and  the  breaking  up  of  an  SBSI  training  session  in  Lampung,  southern  Sumatra 
in  July,  during  whicn  26  SBSI  members  were  detained  for  2  days.  In  September  po- 
lice broke  up  the  SBSI's  second  national  congress  as  union  members  were  conclud- 
ingthe  first  day  of  a  scheduled  3-day  meeting. 

The  trial  of  SBSI  leader  Muchtar  Pakpahan  on  charges  of  subversion  and  sowing 
hatred  against  the  Government,  which  began  in  December  1996,  resumed  in  Sep- 
tember after  a  5-month  suspension  due  to  Pakpahan's  ill  health.  While  the  trial  was 
suspended,  Pakpahan  made  two  requests  for  medical  examination  and  treatment  of 
a  lung  tumor  outside  the  country.  After  government-appointed  panels  of  physicians 
examined  him  in  each  instance,  the  Minister  of  Justice  and  Attorney  General  ruled 
that  his  condition  could  be  treated  in  Indonesia.  In  December  the  Government  p>er- 
mitted  a  team  of  Canadian  doctors  to  examine  him.  In  January  Pakpahan  requested 
that  the  Supreme  Court  review  its  October  1996  decision  requiring  him  to  serve  out 
a  4-year  sentence  for  fomenting  labor  unrest  a  decision  that  the  Court  had  pre- 
viously overturned.  In  August  Pakpahan  presented  new  arguments  to  a  lower  court 
that  he  was  innocent  of  the  charges;  the  case  was  still  pending  at  year's  end  (see 
Section  2.a.). 

The  Association  of  Indonesian  Journalists  (PWI)  is  the  only  government-sanc- 
tioned organization  representing  journalists.  Although  press  laws  stipulate  that  all 
journalists  must  belong  to  the  PWI,  a  few  journalists  have  chosen  not  to  join.  In 
the  wake  of  the  1994  banning  of  three  publications,  approximately  80  jounialists 
formed  the  Alliance  of  Independent  Journalists  (AJI)  as  an  alternative  to  the  gov- 
ernment union.  A  government  crackdown  in  March  1995  resulted  in  the  imprison- 
ment of  three  AJI  members  charged  with  "sowing  hate."  They  were  released  during 
the  year  (see  Section  2. a.).  Despite  occasional  pressure  on  publications  employing 
AJI  members,  the  Government  allows  AJI  a  continued  unofficial  existence. 

Because  of  past  Department  of  Manpower  regulations,  many  SPSI  factory  units 
are  led  by  persons  who  have  little  credibility  with  their  units'  members  because  they 
were  selected  by  employers.  A  1995  regulation  states  that  employees  must  only  no- 
tify their  employer  that  they  wish  to  form  a  union  and  that  they  may  proceed  if 
they  do  not  receive  a  response  from  their  employer  within  2  weeks.  Despite  this  pro- 
vision, strikes  continue  to  occur  when  employers  attempt  to  prevent  the  formation 
of  union  branches.  These  strikes  are  generally  successful,  and  the  formation  of  an 
SPSI  unit  follows  shortly  thereafter.  However,  workers  who  are  active  in  the  forma- 
tion of  the  union  are  frequently  dismissed  and  have  no  practical  protection  by  either 
law  or  government  practice. 

Civil  servants  are  not  permitted  to  join  unions  and  must  belong  to  KORPRI  a 
nonunion  association  whose  Central  Development  Council  is  chaired  oy  the  Minister 
of  Home  Affairs.  State  enterprise  employees,  defined  to  include  those  working  in  en- 
terprises in  which  the  State  has  a  5-percent  holding  or  greater,  usually  are  required 
to  join  KORPRI,  but  a  small  number  of  state  enterprises  have  SPSI  units.  Teachers 
must  belong  to  the  Teachers'  Association  (PGRI).  While  technically  classed  as  a 
union,  the  PGRI  continues  to  function  more  as  a  welfare  organization  and  does  not 
appear  to  have  engaged  in  trade  union  activities  such  as  collective  bargaining.  Man- 
datory KORPRI  and  PGRI  contributions  are  deducted  automatically  irom  teachers' 
salaries. 

Unions  may  draw  up  their  own  constitutions  and  rules  and  elect  their  representa- 
tives. However,  the  Government  has  a  great  deal  of  influence  over  the  SPSI  and  its 
federated  unions.  The  head  of  the  SPSI  and  many  members  of  the  Executive  Council 
are  also  members  of  GOLKAR  and  its  constituent  functional  groups.  These  persons 
have  been  given  positions  in  the  federated  industrial  sector  unions.  The  Minister  of 
Manpower  is  a  member  of  the  SPSI's  Consultative  Council. 

The  (government  announced  late  in  1995  its  intention  to  relax  a  regulation  requir- 
ing police  approval  for  all  meetings  of  five  or  more  people  of  all  organizations  out- 
side offices  or  normal  work  sites  (see  Section  2.b.).  However,  in  practice  this  regula- 
tion continues  to  apply  to  union  meetings.  Permission  was  routinely  given  to  the 
SPSI,  but  not  to  rival  organizations  such  as  the  SBSI. 

In  1994  the  International  Confederation  of  Free  Trade  Unions  lodged  a  formal 
complaint  against  Indonesia  with  the  ILO,  accusing  the  CJovemment  of  denying 
workers  the  right  to  set  up  unions  of  their  own  choosing,  harassing  independent 
workers'  organizations,  ana  of  taking  other  actions  contrary  to  ILO  standards  on 
freedom  of  association  and  the  right  to  collective  bargaining.  In  November  the  Com- 
mittee acknowledged  receipt  of  information  from  the  Indonesian  (jovernment  in  re- 
sponse to  earlier  requests,  out  reported  that  it  remained  "deeply  concerned"  by  "seri- 
ous and  worsening  infringements  of  basic  human  and  trade  union  rights."  The  Com- 
mittee urged  the  Indonesian  (jovernment  to  eliminate  impediments  to  the  registra- 
tion of  unions,  including  the  SBSI,  to  institute  an  independent  judicial  inquiry  into 


796 

the  homicide  of  Marsinah,  to  drop  criminal  charges  against  Pakpahan  and  to  have 
him  released,  and  to  provide  information  on  .  .  .  other  cases." 

While  Pancasila  principles  call  for  labor-management  differences  to  be  settled  by 
consensus,  all  organized  workers  except  civil  servants  have  the  legal  right  to  strike. 
State  enterprise  employees  and  teachers  rarely  exercise  this  right,  but  private  sector 
strikes  are  freq[uent.  Before  a  strike  can  occur  legally  in  the  private  sector,  the  law 
requires  intensive  mediation  by  the  Department  of  Manpower  and  prior  notice  of  the 
intent  to  strike.  However,  no  approval  is  required.  The  manpower  law  passed  in 
September,  which  is  not  yet  in  effect,  allows  strikes  only  if  an  industrial  dispute 
cannot  be  resolved  by  the  concerned  parties  or  through  the  industrial  dispute  resolu- 
tion process.  The  law  requires  that  striking  workers  be  paid  if  they  are  striking  to 
obtain  benefits  determined  by  law,  regulation,  a  collective  bargaining  agreement,  or 
company  regulations. 

In  practice,  dispute  settlement  procedures  are  rarely  followed,  and  formal  notice 
of  the  intent  to  strike  is  rarely  ^ven  because  Department  of  Manpower  procedures 
are  slow  and  have  little  credibility  with  workers.  Therefore,  sudden  strikes  tend  to 
result  from  longstanding  grievances  or  recognition  that  legally  mandated  benefits  or 
rights  are  not  being  received.  According  to  the  Department  of  Manpower  Statistics, 
there  were  226  strikes  involving  141,968  workers  during  the  first  11  months  of  the 
year,  a  significant  decrease  from  1996.  However,  in  1997  the  Government  only 
counted  work  stoppages  in  which  at  least  a  full  daj^s  production  was  lost  as  strikes. 
Shorter  work  stoppages  ("unjuk  rasa")  are  much  more  frequent,  but  the  Government 
kept  no  oflicial  count  of  them  in  1997.  In  information  provided  to  the  ILO  Commit- 
tee on  the  Application  of  Conventions  and  Recommendations,  the  Government  re- 
ported that  there  were  890  strikes  involving  500,000  workers  in  1996.  NGO's  believe 
that  the  number  of  strikes  and  workers  involved  was  higher  than  this.  The  largest 
concentration  of  strikes  occurred  following  the  implementation  of  the  new  minimum 
wage  in  April,  and  involved  tens  of  thousands  of  workers.  The  largest  single  strike 
took  place  in  November  and  involved  40,000  workers  at  a  cigarette  factory  in  East 
Java.  Four  strikes  during  the  year  are  known  to  have  resulted  in  damage  to  fac- 
tories. 

The  SPSI  maintains  international  contacts  but  its  only  international  trade  union 
affiliation  as  a  federation  is  the  Association  of  Southeast  Asian  Nations  Trade  Union 
Council.  Several  of  the  SPSI's  federated  sectoral  unions  are  members  of  inter- 
national trade  secretariats. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  is  pro- 
vided for  by  law,  and  the  Department  of  Manpower  promotes  it  within  the  context 
of  the  national  ideology,  Pancasila.  Until  1994  only  recognized  trade  unions — the 
SPSI  and  its  components — could  legally  engage  in  collective  bargaining.  Since  early 
1994,  government  regulations  also  permit  unafiiliated  plant-level  workers'  associa- 
tions to  conclude  legally  binding  agreements  with  employers,  and  some  732  had 
done  so  by  the  end  of  1996,  according  to  government  figures.  Agreements  concluded 
by  any  other  groups  are  not  considered  legally  binding  and  are  not  registered  by 
the  Department  of  Manpower.  Once  notified  that  25  employees  have  joined  a  reg- 
istered SPSI  or  independent  plant-level  union,  an  employer  is  obligated  to  bargain 
with  it. 

In  companies  without  unions,  the  Government  discourages  workers  from  utilizing 
nongovernment  outside  assistance,  e.g.,  during  consultations  with  employers  over 
company  regulations.  Instead,  the  Department  of  Manpower  prefers  tnat  workers 
seek  its  assistance  and  believes  that  its  role  is  to  protect  workers.  There  are  credible 
reports  that  for  many  companies,  consultations  are  perfunctory  at  best  and  usually 
with  management-selected  workers;  there  are  also  credible  reports  to  the  contrary 
from  foreign  companies.  According  to  government  statistics,  approximately  80  per- 
cent of  the  factory-level  SPSI  units  have  collective  bargaining  agreements.  The  de- 
gree to  which  these  agreements  are  freely  negotiated  between  unions  and  manage- 
ment without  government  interference  varies.  By  regulation,  negotiations  must  oe 
concluded  within  30  days  or  be  submitted  to  the  Department  of  Manpower  for  medi- 
ation and  conciliation  or  arbitration.  Most  negotiations  are  concluded  within  the  30- 
day  period.  Agreements  are  for  2  years  and  can  be  extended  for  1  year.  The  new 
Manpower  Law,  which  is  expected  to  take  effect  late  in  1998,  specifies  no  time  limit 
on  negotiations,  but  requires  that  the  union  negotiating  the  contract  be  supported 
by  a  majority  of  workers  in  the  concerned  company. 

According  to  NGO's  involved  in  labor  issues,  in  current  practice  the  provisions  of 
collective  bargaining  agreements  rarely  go  beyond  the  legal  minimum  standards  es- 
tablished by  the  Government,  and  the  agreements  are  often  merely  presented  to 
worker  representatives  for  signing  rather  than  being  negotiated.  The  SPSI  stated 
in  Septemoer  that  of  23,525  collective  bargaining  agreements  signed  between  em- 
ployers and  workers,  10,776  of  these  agreements  were  only  "imitation"  agreements 


797 

because  they  were  concluded  in  companies  where  workers  were  not  represented  by 
a  union.  Althou^  government  regulations  prohibit  employers  from  discriminating 
against  or  harassing  employees  because  of  union  membership,  there  are  credible  re- 

f)orts  from  union  officials  of  employer  retribution  against  union  organizers,  including 
iring,  which  is  not  effectively  prevented  or  remedied  in  practice.  Some  employers 
reportedly  have  warned  their  employees  against  contact  with  union  organizers  iTom 
the  unrecognized  SBSI  organization.  Charges  of  antiunion  discrimination  are  adju- 
dicated by  regional  and  national  labor  dispute  resolution  committees,  and  their  deci- 
sions can  be  appealed  to  the  State  Administrative  Court.  In  September  the  State 
Administrative  Court  reversed  a  National  Labor  Dispute  Resolution  Board  ruling 
that  ordered  the  Hong  Kong  Bank  to  reinstate  166  union  members  who  went  on 
strike,  despite  government  regulations  making  it  illegal  to  fire  workers  solely  for 
striking  or  other  union  activity.  Decisions  such  as  this  lead  many  union  meinbers 
to  believe  that  the  dispute  resolution  committees  generally  side  with  employers.  As 
a  result,  workers  frequently  present  their  grievances  directly  to  the  National 
Human  Rights  Commission,  Parliament,  and  nongovernmental  organizations.  Ad- 
ministrative decisions  in  favor  of  dismissed  workers  tend  to  be  monetary  awards; 
workers  are  rarely  reinstated.  The  law  requires  that  employers  obtain  the  approval 
of  the  labor  dispute  resolution  committee  before  firing  workers,  but  the  law  is  often 
ignored  in  practice.  The  new  manpower  law,  which  takes  effect  in  late  1998,  re- 
quires only  that  employers  consult  with  concerned  workers  and  their  unions  about 
tneir  intention  to  terminate  the  workers'  employment. 

Commenting  on  antiunion  discrimination  and  restrictions  on  the  right  to  organize 
and  bargain  collectively,  the  June  report  of  the  ILO's  Committee  on  the  Application 
of  Conventions  and  Recommendations  "observed  with  deep  concern  that  the  discrep- 
ancies between  the  Convention  on  the  one  hand,  and  legislation  and  national  prac- 
tice on  the  other,  have  continued  for  many  years."  The  Conunittee  also  observed 
that  "the  Government  had  not  given  sufficient  proof  of  a  willingness  to  comply"  with 
the  provisions  of  ILO  Convention  98,  "as  it  has  not  requested  technical  assistance 
in  this  respect."  The  Committee  expressed  its  deep  concern  over  this  situation  and 
asked  the  Government  urgently  to  amend  the  legislation  and  report  on  the  meas- 
ures taken  or  envisaged  in  this  respect.  The  Committee  urged  the  Government  to 
ensure  full  respect  of  the  civil  liberties  essential  for  the  full  implementation  of  the 
Convention. 

On  June  1,  1996,  the  Minister  of  Manpower  issued  a  new  regulation  permitting 
unions  affiliated  with  the  SPSI  to  collect  union  dues  directly  through  the  checkoff 
system,  rather  than  having  the  Department  of  Manpower  collect  dues  and  transfer 
them  to  the  SPSI.  Implementation  of  this  system  during  the  year  was  uneven.  Some 
workplace  units  of  the  SPSI  reported  that  they  were  receiving  dues  collected 
through  the  checkoff  system  from  their  employers.  Other  workplace  units  reported 
that  their  companies  refused  to  release  dues  to  the  union  and  continued  to  deposit 
dues  into  Department  of  Manpower  accounts.  Department  of  Manpower  officials 
state  that  the  Department  instructed  its  regional  ofiices  to  close  accounts  previously 
used  for  union  dues,  but  according  to  reports  from  various  regions,  not  all  offices 
had  carried  out  this  instruction.  Union  officials  at  SPSI  headauarters  stated  that 
not  all  local  branches  of  the  unions  are  sending  a  portion  of  aues  collected  to  re- 
gional and  central  headquarters  as  provided  in  the  SPSFs  by-laws. 

The  police,  as  well  as  the  military,  continue  to  involve  themselves  in  labor  issues, 
despite  the  Minister  of  Manpower's  revocation  in  1994  of  a  1986  regulation  allowing 
the  military  to  intervene  in  strikes  and  other  labor  actions.  A  1990  decree  giving 
the  Agency  for  Coordination  of  National  Stability  (BAKORSTANAS)  authority  to  in- 
tervene in  strikes  in  the  interest  of  political  and  social  stability  remains  in  effect. 
Union  and  NGO  observers  note  a  shift  over  the  past  2  to  3  years  from  open  inter- 
vention and  demonstrations  of  force  by  uniformed  troops  to  less  visible  measures. 
Union  activists  complain  that  both  police  and  local  military  representatives  harass 
and  occasionally  detain  union  leaders  and  seize  materials  from  union  offices  without 
warrants.  In  addition,  police  frequently  block  or  break  up  meetings  between  union 
organizers  or  NGO  representatives  and  workers,  especially  meetings  organized  by 
the  SBSI.  However,  the  most  common  form  of  military  involvement  in  labor  matters, 
according  to  union  and  NGO  representatives,  is  a  longstanding  pattern  of  collusion 
between  police  and  military  representatives  and  employers,  whicn  usually  takes  the 
form  of  intimidation  of  workers  by  security  personnel  in  civilian  dress.  Employer 
and  union  representatives  have  also  complained  about  the  "invisible  costs"  of  cor- 
ruption, which  they  and  others  estimate  constitute  up  to  30  percent  of  a  company's 
expenses. 

Labor  law  and  practice  are  the  same  in  export  processing  zones  as  in  the  rest  of 
the  country. 


798 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  forbids  forced  labor,  and 
the  Government  generally  enforces  it.  Tne  Government  prohibits  forced  and  bonded 
labor  by  children,  but  does  not  always  enforce  this  effectively.  There  are  credible  re- 
ports that  several  thousand  children  are  forced  to  work  on  fishing  platforms  off  the 
east  coast  of  North  Sumatra  in  conditions  of  bonded  labor.  Most  are  recruited  from 
farming  communities,  and  once  they  arrive  at  the  work  site  miles  offshore,  they  are 
held  as  virtual  prisoners  and  are  not  permitted  to  leave  for  at  least  3  months  and 
until  a  replacement  worker  can  be  found.  Children  receive  average  monthly  wages 
of  $17  to  $32,  well  below  the  regional  minimum  wage.  They  live  in  isolation  on  uie 
sea,  work  12  to  20  hours  per  day  in  often  dangerous  conditions,  and  sleep  in  the 
workspace  with  no  access  to  sanitary  facilities.  There  are  reports  of  physical,  verbal, 
and  sexual  abuse  of  the  children. 

There  were  reports  that  the  military  forced  villagers  to  perform  uncompensated 
labor  in  Irian  Java;  the  military  denied  such  reports  (see  Section  2.d.). 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Child 
labor  exists  in  both  urban  and  rural  areas,  and  in  both  the  formal  ana  informal  sec- 
tors. According  to  a  1995  report  of  the  Indonesian  Central  Bureau  of  Statistics,  4 
percent  of  children  between  tne  ages  of  10  and  14  work  full-time,  and  another  4  per- 
cent work  part-time  in  addition  to  going  to  school.  The  1994  government  labor  force 
survey  reported  that  there  were  2.08  million  children  age  10  to  14  in  the  labor  force, 
but  many  observers  believe  that  number  to  be  significantly  understated,  because 
documents  verifying  age  are  easily  falsified,  and  because  children  under  10  were  not 
included. 

Indonesia  was  one  of  the  first  countries  to  be  selected  for  participation  in  the 
ILO's  International  Program  on  the  Elimination  of  Child  Labor  (IPEC),  and  it 
signed  a  memorandum  of  understanding  with  the  ILO  in  1992  to  guide  collaboration 
under  this  program.  The  Government  and  the  ILO  signed  another  memorandum  of 
understanding  on  child  labor  in  March  committing  to  'promote  conditions  to  enable 
the  Government  to  protect  working  children  and  progressively  prohibit,  restrict  and 
regulate  child  labor  with  a  view  to  its  ultimate  elimination."  Although  the  ILO  has 
sponsored  training  of  labor  inspectors  on  child  labor  matters  under  the  IPEC  pro- 
gram, enforcement  remains  lax. 

The  Government  acknowledges  that  there  is  a  class  of  children  who  must  work 
for  socioeconomic  reasons,  ana  in  1987  the  Minister  of  Manpower  issued  a  regula- 
tion, "Protection  of  Children  Forced  to  Work."  This  regulation  legalizes  the  employ- 
ment of  children  under  the  age  of  14  who  must  work  to  contribute  to  the  income 
of  their  families.  It  requires  parental  consent,  prohibits  dangerous  or  difiicult  work, 
limits  work  to  4  hours  daily,  and  requires  employers  to  report  the  number  of  chil- 
dren working  under  its  provisions.  It  does  not  set  a  minimum  age  for  children  in 
this  category,  effectively  superseding  the  colonial-era  government  ordinance  of  De- 
cember 17,  1925,  on  "Measures  Limiting  Child  Labor  and  Nightwork  of  Women," 
which  is  still  the  current  law  governing  child  labor  and  sets  a  minimum  age  of  12 
for  employment.  The  1987  regulation  is  not  enforced.  No  employers  have  been  taken 
to  court  lor  violating  its  restrictions  on  the  nature  of  employment  for  children,  and 
no  reports  are  collected  from  establishments  emplojnng  children. 

Act  No.  1  of  1951  was  intended  to  bring  into  lorce  certain  labor  measures,  includ- 
ing provisions  on  child  labor  that  would  replace  those  of  the  1925  legislation.  How- 
ever, implementing  regulations  for  the  child  labor  provisions  have  never  been  is- 
sued. Thus  the  child  laoor  provisions  in  the  1951  act  have  no  validity.  The  Govern- 
ment prohibits  forced  and  bonded  labor  by  children,  but  does  not  enforce  this  prohi- 
bition effectively  (see  Section  6.c.). 

The  new  manpower  law,  which  takes  effect  on  October  1,  1998,  prohibits  employ- 
ers from  hiring  children  under  the  age  of  15,  except  that  employers  may  hire  chil- 
dren who  are  forced  for  economic  reasons  to  work.  The  new  law  places  restrictions 
similar  to  those  in  the  1987  regulation  on  employers  hiring  children.  It  also  states 
that  adolescents  (ages  15  to  17)  cannot  work  cluring  certain  hours  of  the  night, 
below  ground,  in  mines,  or  in  jobs  that  would  have  an  adverse  effect  on  morality, 
such  as  in  entertainment  facilities. 

According  to  government  labor  force  data,  most  working  children  work  in  the  agri- 
cultural sector,  although  the  number  of  working  children  in  urban  areas  has  risen 
significantly  with  urbanization.  More  child  laborers  work  in  the  informal  sector  than 
the  formal  sector.  Where  children  work  in  the  forma!  sector,  such  work  tends  to 
occur  on  the  border  line  between  the  informal  and  formal  economies,  such  as  along- 
side their  parents  in  home  enterprises  and  on  plantations,  and  in  family-owned 
shops  and  small  factories,  particularly  those  that  are  "satellites"  of  large  industries. 
There  are  children  working  in  large  factories,  although  the  number  is  unknown,  es- 
pecially since  documents  verifying  age  are  easily  falsified.  In  the  informal  sector, 
they  sell  newspapers,  shine  shoes,  help  to  park  or  watch  cars,  and  otherwise  earn 


799 

money.  Many  children  work  in  hazardous  conditions  as  scavengers  and  garbage 
pickers,  and  on  fishing  platforms  and  fishing  boats.  Many  domestic  workers  are  fe- 
male children  under  age  15.  Although  accurate  figures  are  unavailable,  estimates 
put  the  number  of  child  domestic  workers  at  up  to  1.5  million.  A  survey  done  in 
1995  revealed  that  these  children  work  long  hours,  receive  low  pay,  are  generally 
unaware  of  their  rights,  and  are  often  far  from  their  families. 

A  1994  law  raised  compulsory  education  from  6  to  9  years,  but  the  law  has  not 
been  fully  implemented  due  to  inadequate  school  facilities  and  due  to  lack  of  family 
financial  resources  to  support  children  staying  in  school. 

Some  employers  hire  children  because  they  are  easier  than  adults  to  manage,  and 
tend  not  to  organise  or  make  demands  on  employers.  Children  working  in  factories 
usually  work  the  same  number  of  hours  as  adults.  Children  work  in  the  rattan  and 
wood  furniture  industries,  the  garment  industry,  the  footwear  industry,  food  proc- 
essing, and  toy  making,  among  others. 

e.  Acceptable  Conditions  of  Work. — There  is  no  national  minimum  wage.  Rather, 
area  wage  councils  working  under  the  supervision  of  the  National  Wage  Council  es- 
tablish minimum  wages  for  regions  and  basic  needs  figures  for  each  province — a 
monetary  amount  considered  sufficient  to  enable  a  single  worker  to  meet  the  basic 
needs  of  nutrition,  clothing,  and  shelter.  The  Government  has  increased  the  average 
minimum  wage  70  percent  (when  adjusted  for  inflation)  over  the  past  5  years.  After 
the  latest  increase  in  April,  which  averaged  10  percent  nationwide,  the  average  min- 
imum wage  was  equal  to  95  percent  of  the  government-determined  "minimum  living 
need."  In  Jakarta  the  minimum  wage,  which  was  about  $70  (rp  172,500)  per  month 
at  the  time  it  went  into  effect,  has,  because  of  the  fall  in  the  value  of  the  rupiah, 
become  about  $30  at  year's  end.  An  additional  increase  is  expected  in  early  1998. 

There  are  no  reliable  statistics  on  the  number  of  employers  paying  at  least  the 
minimum  wage.  Independent  observers'  estimates  range  between  30  and  60  percent. 
Enforcement  of  minimum  wage  and  other  labor  regulations  remains  inadequate,  and 
sanctions  too  li^t,  although  the  new  manpower  law,  which  is  to  take  effect  on  Octo- 
ber 1,  1998,  increases  penalties  for  not  paying  the  minimum  wage  from  rupiah 
100,000  (about  $30  at  the  time  of  enactment  $18  at  the  end  of  the  year)  to  rupiah 
200,000,000  ($60,000  at  the  time  of  enactment,  $36,000  at  year's  end).  During  the 
year,  according  to  government  figures,  464  companies  applied  for  relief  from  the 
minimum  wage  increases  on  the  ground  that  they  would  otherwise  close,  and  276 
received  permission  for  exceptions  or  postponements  of  the  new  wage  rate. 

Labor  law  and  ministerial  regulations  provide  workers  with  a  variety  of  other 
benefits,  such  as  social  security,  and  workers  in  more  modern  facilities  often  receive 
health  benefits,  free  meals,  and  transportation.  The  law  establishes  7-  or  8-hour 
workdays  and  a  40-hour  workweek,  with  one  30-minute  rest  period  for  each  4  hours 
of  work.  The  law  also  requires  1  day  of  rest  weekly.  The  daily  overtime  rate  is  IViz 
times  the  normal  hourly  rate  for  the  first  hour,  and  2  times  the  hourly  rate  for  addi- 
tional overtime.  Regulations  allow  employers  to  deviate  from  the  normal  work  hours 
upon  request  to  the  Minister  of  Manpower  and  with  the  agreement  of  the  employee. 
Workers  in  industries  that  produce  retail  goods  for  export  frequently  work  overtime 
to  fulfill  contract  quotas.  Observance  of  laws  regulating  benefits  and  labor  standards 
varies  from  sector  to  sector  and  by  region.  Employer  violations  of  legal  requirements 
are  fairly  common  and  often  result  in  strikes  and  employee  protests.  The  Ministry 
of  Manpower  continues  publicly  to  urge  employers  to  comply  with  the  law.  During 
the  year,  the  Government  investigated  31  companies  for  labor  law  violations,  of 
which  13  were  taken  to  court,  6  of  these  cases  resulted  in  prison  sentences  for  com- 
pany management  and  6  in  fines.  However,  in  general,  government  enforcement  and 
supervision  of  labor  standards  are  weak. 

feoth  law  and  regulations  provide  for  minimum  standards  of  industrial  health  and 
safety.  In  January  the  Government  announced  a  new  occupational  safety  and  health 
management  system  under  which  companies  with  more  than  100  employees  could 
obtain  public  recognition  of  their  compliance  with  safety  and  health  standards  by 
submitting  to  a  safety  audit  procedure.  In  the  largely  Western-operated  oil  sector, 
safety  and  health  programs  function  reasonably  well.  However,  in  the  country's 
100,000  larger  registered  companies  outside  the  oil  sector,  the  quality  of  occupa- 
tional health  and  safety  programs  varies  greatly.  The  enforcement  of  health  and 
safety  standards  is  severely  hampered  by  the  limited  number  of  qualified  Depart- 
ment of  Manpower  inspectors  as  well  as  by  the  low  level  of  employee  appreciation 
for  sound  health  and  safety  practices.  Allegations  of  corruption  on  the  part  of  in- 
spectors are  common.  Workers  are  obligated  to  report  hazardous  working  conditions. 
Employers  are  forbidden  by  law  from  retaliating  against  those  who  do,  but  the  law 
is  not  effectively  enforced. 


800 
JAPAN 

Japan  is  a  parliamentary  democracy  based  on  a  1947  Constitution.  Sovereignty 
is  vested  in  the  people,  and  the  Emperor  is  defined  as  the  symbol  of  state.  Executive 
power  is  exercised  by  a  cabinet,  composed  of  a  prime  minister  and  ministers  of 
state,  responsible  to  the  Diet,  a  two-house  parliament.  The  Diet,  elected  by  univer- 
sal suffrage  and  secret  ballot,  designates  the  Prime  Minister,  who  must  be  a  mem- 
ber of  that  body.  The  Government,  formed  in  November,  is  a  loose  coalition  led  by 
the  Liberal  Democratic  Party  (LDP),  in  which  the  Social  Democratic  Party  and  the 
New  Party  Sakigake  cooperate  with  the  LDP  from  outside  the  Cabinet.  The  judici- 
ary is  independent  of  the  Government. 

A  well-organized  and  disciplined  police  force  generally  respects  the  human  rights 
of  the  popmace  and  is  firmly  under  the  control  of  the  civil  authorities.  However, 
there  continued  to  be  credible  reports  that  police  committed  some  human  rights 
abuses. 

The  industrialized  free  market  economy  is  highly  efficient  and  competitive  in 
world  markets  and  provides  residents  with  a  high  standard  of  living. 

A  just  and  efficient  legal  system  generally  assures  observance  of  constitutionally 
provided  human  rights.  There  continue  to  be  some  credible  reports  that  police  phys- 
ically and  psychologically  abused  prisoners  and  detainees.  Ofiicials  are  sometimes 
dismissed  for  such  abuse  but  are  seldom  tried,  convicted,  and  imprisoned.  The 
Burakumin  (a  group  historically  treated  as  outcasts),  the  Ainu  (Japan's  indigenous 
people),  women,  and  alien  residents  experience  varying  degrees  of  societal  discrimi- 
nation, some  of  it  severe  and  longstanding.  The  Ministry  of  Justice  handles  com- 
plaints of  discrimination  by  issuing  instructions  recommending  that  such  practices 
be  avoided.  However,  the  Ministry's  Human  Rights  Defense  Bureau  has  a  small 
staff  and  limited  investigative  or  enforcement  powers.  Since  the  administrative  sys- 
tem for  combating  human  rights  violations  is  weak,  many  cases  end  up  in  court. 
However,  during  the  year,  the  Government  passed  legislation  to  promote  Ainu  cul- 
ture, ameliorate  women's  working  conditions,  and  promote  employment  of  disabled 
persons.  The  Government  also  reversed  its  longstanding  opposition  to  the  employ- 
ment of  noncitizen  civil  servants  by  localities  and  municipalities. 

In  March  a  law  establishing  a  Human  Rights  Commission  within  the  Justice  Min- 
istry came  into  effect.  The  Commission's  5-year  mandate  is  to  develop  measures  to 
educate  citizens  with  regard  to  human  rignts  ideals,  and  to  promote  measures  to 
ameliorate  the  effects  of  existing  human  rights  violations.  The  Commission  is  also 
tasked  with  advising  the  Education  Ministry  and  Management  and  Coordination 
Agency  on  how  to  educate  citizens  about  the  importance  oi  respecting  human  rights. 
The  Commission  has  2  years  to  submit  recommendations  on  rights-related  education 
and  5  years  to  submit  recommendations  on  relief  measures. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings. 

There  was  one  reported  suicide  under  suspicious  circumstances  of  a  Japanese  man 
in  police  custody,  and  one  reported  death  of  a  foreign  national  while  in  the  custody 
of  immigration  officials  (see  Section  I.e.). 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  provides  for  freedom  from  torture  and  cruel,  inhuman,  or  degrad- 
ing treatment  or  punishment.  However,  reports  by  several  Japanese  bar  associa- 
tions, human  rights  groups,  and  some  prisoners  indicate  that  police  sometimes  use 
physical  violence,  including  kicking  ana  beating,  as  well  as  psychological  intimida- 
tion, including  threats  and  name  calling,  to  obtain  confessions  from  suspects  in  cus- 
tody or  to  enforce  discipline.  There  were  also  scattered  allegations  of  beatings  of  de- 
tainees in  immigration  detention  facilities. 

In  Japan  confession  is  regarded  as  the  first  step  in  the  rehabilitative  process.  Al- 
though under  the  Constitution  no  criminal  suspect  can  be  compelled  to  make  a  self- 
incriminating  confession,  roughly  90  percent  of  all  criminal  cases  going  to  trial  in- 
clude confessions,  reflecting  the  priority  that  the  system  places  on  admissions  of 
guilt.  The  Government  points  out  that  the  high  percentage  of  confessions,  like  the 
nigh  conviction  rate,  is  reflective  of  a  higher  standard  of  evidence  needed  to  bring 
about  indictment  in  the  Japanese  system.  Since  a  system  of  arraignment  does  not 
exist  a  suspect,  if  indicted,  is  brought  to  trial  even  if  that  person  nas  confessed  to 
the  crime.  This  results  in  a  higher  conviction  rate  than  would  otherwise  be  the  case. 


801 

Appellate  courts  have  overturned  several  convictions  in  recent  years  on  the 
ground  that  they  were  obtained  as  a  result  of  forced  confession.  In  addition,  civil 
and  criminal  suits  have  been  brought  against  some  police  and  prosecution  officials 
alleging  abuse  during  interrogation  and  detention.  In  July  two  police  officers  were 
dismissed  for  fabricating  a  suspect's  confession,  and  three  other  officers  were  ac- 
cused of  framing  an  innocent  citizen  on  drug  possession  charges.  Eight  additional 
police  officials,  including  a  municipal  police  department  superintendent,  were  rep- 
rimanded for  failing  to  adequately  supervise  these  policemen. 

Prison  conditions  meet  most  minimum  international  standards.  However,  prisons 
in  Japan  are  not  heated  and  prisoners  are  given  only  minimal  additional  clothing 
to  protect  themselves  against  cold  weather.  There  have  been  cases  of  frostbite 
among  the  prison  population.  For  the  past  2  years,  the  quantity  of  starch  in  the 
prison  diet  has  been  reduced,  ostensibly  with  a  commensurate  increase  in  the  cpan- 
titv  of  side  dishes.  However,  despite  the  fact  that  foreign  prisoners  receive  a  higher 
calorie  allowance  than  Japanese  prisoners,  many  foreign  inmates  conriplain  that  the 
quantity  of  food  is  insufficient  and  that  they  are  constantly  hungry.  Prisoners  may 
not  purchase  or  be  given  supplementary  food.  Letters  to  and  from  prisoners  may  be 
reaa  and  censored,  or  confiscated.  All  visits  from  family  and  friends  are  monitored, 
and  prisoners  are  strongly  discouraged  from  complaining  about  conditions.  Prison 
officials  claim  the  "no  complaining"  rule  is  designed  to  keep  family  members  from 
worrying  about  their  loved  ones. 

The  Japanese  Federation  of  Bar  Associations  and  human  rights  groups  have  criti- 
cized the  prison  system,  with  its  emphasis  on  strict  discipline  and  obedience  to  nu- 
merous rules.  Prison  rules  are  conndential,  guards  sometimes  selectively  enforce 
them  and  impose  punishment,  including  "minor  solitary  confinement,"  which  may 
be  imposed  for  at  feast  1  and  not  more  than  60  days  and  in  which  the  prisoner  is 
made  to  sit  (for  foreigners)  or  kneel  (for  Japanese)  motionless  in  the  middle  of  an 
empty  cell. 

In  November  a  Japanese  man  died  in  police  custody  while  being  questioned  for 
allegedly  violating  the  Firearms  and  Swords  Control  Law.  According  to  press  re- 

f>orts,  the  officers  handed  the  confiscated  gun  and  bullets  to  the  suspect,  and  then 
eft  the  room.  The  suspect  loaded  the  gun  and  shot  himself. 

In  August  an  Iranian  illegal  immigrant  awaiting  deportation  died  while  being 
held  in  Tokyo's  immigration  detention  center.  According  to  press  reports,  the  man 
fought  with  immigration  officials  after  they  found  a  cigarette  lighter  in  his  cell. 
Eight  immigration  ofiicials  subdued  the  man  by  wrapping  him  in  a  blanket  and  tak- 
ing him  to  another  cell,  where  they  made  him  sit  on  the  floor.  The  man  reportedly 
fell  backwards  and  hit  his  head  on  the  floor,  dislocating  his  cervical  vertebrae.  He 
was  pronounced  dead  at  a  local  hospital.  Police  are  investigating  the  death. 

In  December  a  Tochigi  prefectural  police  officer  was  arrested  and  fired  on  sus- 
picion of  molesting  a  woman  while  she  was  in  police  custody.  The  officer  admitted 
to  the  molestation,  and  the  chief  of  the  Tochigi  Prefectural  Police  Personnel  and 
Training  Bureau  apologized  to  the  woman,  who  aid  not  press  charges. 

Some  human  rights  groups  allege  that  physical  restraints,  such  as  leather  hand- 
cuffs, have  been  used  as  a  form  of  punishment  and  that  prisoners  have  been  forced 
to  eat  and  relieve  themselves  unassisted  while  wearing  these  restraints.  Ministry 
of  Justice  officials  state  that  restraints  are  used  inside  the  prison  only  when  pris- 
oners have  been  violent  and  pose  a  threat  to  themselves  and  others,  or  when  there 
is  concern  that  a  prisoner  might  attempt  to  escape. 

The  Government  restricts  access  to  prisons  and  detention  facilities  by  human 
rights  groups. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Constitutional  provisions  for  freedom 
from  arbitrary  arrest  or  imprisonment  are  respected  in  practice.  The  law  provides 
for  Judicial  determination  of  the  legality  of  detention.  People  may  not  be  detained 
without  charge,  and  prosecuting  autnorities  must  be  prepared  to  demonstrate  before 
trial  that  probable  cause  exists  in  order  to  detain  the  accused.  Under  the  Code  of 
Criminal  Procedure,  a  suspect  may  be  held  in  police  custody  for  up  to  72  hours  with- 
out judicial  proceedings.  Preindictment  custody  may  be  extended  by  a  judge  for  up 
to  20  additional  days.  If  an  indictment  follows,  the  suspect  is  transferred  to  a  crimi- 
nal detention  facility.  Bail  is  available  in  only  about  25  percent  of  cases. 

The  bar  associations  and  human  rights  groups  have  criticized  the  practice  of  "sub- 
stitute detention."  Although  the  law  stipulates  that  suspects  should  be  held  in 
"houses  of  detention"  between  arrest  and  sentencing,  a  police  detention  facility  may 
be  substituted  at  the  order  of  the  court.  This  provision  was  originally  added  to  cover 
a  shortage  of  normal  detention  facilities.  According  to  the  most  recent  Ministry  of 
Justice  White  Paper  on  Crime,  published  in  1995,  normal  detention  facilities  were 
filled  to  53  percent  of  capacity  in  1994.  Critics  charge  that  allowing  suspects  to  be 
detained  by  the  same  authorities  who  interrogate  them  heightens  tne  potential  for 


802 

abuse  and  coercion.  The  Government  counters  that  adequate  safeguards  to  prevent 
abuse,  including  strong  judicial  oversight,  have  been  built  into  the  system. 

The  length  of  time  before  a  suspect  is  b'^ught  to  trial  depends  on  the  nature  of 
the  crime  out  rarely  exceeds  3  months  from  aate  of  arrest;  the  average  is  1  to  2 
months.  Critics  charge  that  access  to  counsel  is  limited  both  in  duration  and  fre- 
quency, although  the  Gk)vemment  denies  that  this  is  the  case.  The  Criminal  Proce- 
dure Code  grants  the  prosecution  and  investigating  police  officials  the  power  to  con- 
trol access  to  attorneys  before  indictment  when  deemed  necessary  for  the  sake  of 
the  investigation.  As  a  court-appointed  attorney  is  not  approved  until  after  indict- 
ment, suspects  must  rely  on  their  own  resources  to  hire  an  attorney  before  indict- 
ment, althou^  local  bar  associations  may  provide  detainees  with  a  free  counseling 
session  prior  to  indictment.  Counsel  is  provided  at  government  expense  after  indict- 
ment if  the  arrested  person  cannot  afford  one.  Counsel  may  not  he  present  during 
interrogation  at  any  time  before  or  after  indictment.  With  these  exceptions,  the  Gov- 
ernment affirms  that  the  right  of  the  accused  to  seek  legal  counsel  is  ftilly  respected 
and  that  attorneys  are  almost  always  able  to  see  clients  without  obstruction. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  independent  and  free  from  execu- 
tive branch  interference.  The  Cabinet  appoints  judges  for  10-year  terms,  which  can 
be  renewed  until  judges  have  reached  the  age  of  65.  Justices  of  the  Supreme  Court 
can  serve  until  the  age  of  70  but  face  periodic  review  through  popular  referendum. 

There  are  several  levels  of  courts,  high  courts,  district  courts,  family  courts,  and 
summary  courts,  with  the  Supreme  Court  serving  as  the  highest  judicial  authority. 
Normally  a  trial  begins  at  the  district  court  level,  and  a  verdict  may  be  appealed 
to  a  high  court  and  then  to  the  Supreme  Court. 

The  Government  respects  in  practice  the  constitutional  provisions  for  the  right  to 
a  speedy  and  public  trial  by  an  impartial  tribunal  in  all  criminal  cases.  There  is 
no  trial  by  jury.  The  defendant  is  informed  of  charges  upon  arrest  and  assured  a 
public  trial  by  an  independent  civilian  court  with  defense  counsel  and  the  right  of 
cross-examination.  The  Constitution  provides  defendants  with  the  right  not  to  be 
compelled  to  testify  against  themselves  as  well  as  to  free  and  private  access  to  coun- 
sel. The  Government  contends  that  the  right  to  consult  with  attorneys  is  not  an  ab- 
solute one,  and  can  be  restricted  if  such  restriction  is  compatible  with  the  spirit  of 
the  Constitution.  Access  is  sometimes  abridged  in  practice.  For  example,  the  law  al- 
lows prosecutors  to  control  access  to  counsel  before  indictment,  and  there  are  per- 
sistent allegations  of  coerced  confessions.  Defendants  are  protected  from  the  retro- 
active application  of  laws  and  have  the  right  of  access  to  incriminating  evidence 
aft^r  a  formal  indictment  has  been  made.  However,  the  law  does  not  require  full 
disclosure  by  the  prosecutor,  and  material  that  the  prosecution  will  not  use  in  court 
may  be  suppressed.  Critics  claim  that  legal  representatives  of  defendants  do  not  al- 
ways have  access  to  all  relevant  material  in  the  police  record,  in  order  to  enable 
them  to  prepare  the  defense.  A  defendant  who  is  dissatisfied  with  the  decision  of 
a  trial  court  of  first  instance  may,  within  the  period  prescribed  by  law,  appeal  to 
a  higher  court. 

There  are  no  guidelines  mandating  the  acceptable  quality  of  communications  be- 
tween judges,  lawyers,  and  non-Japanese  speaking  defendants.  There  is  no  standard 
licensing  or  qualification  system  for  certifying  court  interpreters,  and  a  trial  may 
proceed  even  if  the  accused  does  not  understand  what  is  happening  or  being  said. 
The  press  reported  that  in  a  January  murder  case,  the  judge,  attempting  to  save 
time,  ordered  the  interpreter  not  to  translate  the  verdict  to  the  Thai  accused,  saying 
that  the  defense  attorney  could  tell  the  accused  later. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Under 
the  Constitution,  each  search  or  seizure  must  be  made  upon  separate  warrant  is- 
sued by  a  judge.  Standards  for  issuing  such  warrants  exist  to  guard  against  arbi- 
trary searches.  There  were  no  reports  that  the  Government  or  any  other  organiza- 
tion arbitrarily  interfered  with  privacy,  family,  home,  or  correspondence.  Settling  a 
10-year-old  case,  in  June  the  intermediate  appellate  court  held  that  the  prefectural 
police  had  illegally  wiretapped  the  home  of  a  senior  member  of  the  Japanese  Com- 
munist Party. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  respects  these  rights  in  practice.  An  inde- 
pendent press,  an  effective  judiciary,  and  a  functioning  democratic  political  system 
combine  to  ensure  freedom  of  speech  and  of  the  press. 

Academic  freedom  is  protected,  except  in  the  case  of  school  textbooks.  The  Edu- 
cation Ministry  has  the  authority  to  censor  or  order  revisions  to  elementary,  middle. 


803 

and  high  school  textbooks.  Settling  a  13-year-old  lawsuit  brought  by  a  textbook  au- 
thor, the  Supreme  Court  ruled  in  August  that  the  Education  Ministry  had,  in  this 
particular  instance,  illegally  ordered  the  deletion  or  rewriting  of  a  textbook's  pas- 
sages containing  references  to  the  Imperial  Army's  conduct  during  World  War  11. 
However,  the  Court  also  held  that  state  censorship  of  textbooks  did  not  violate  the 
constitutional  provisions  for  freedom  of  expression. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — These  freedoms  are  provided 
for  in  the  Constitution  and  respected  in  practice. 

In  November  the  Tokyo  High  Court  upheld  a  lower  court  ruling  that  Tokyo  metro- 

})olitan  police  had  unlawfully  arrested  three  demonstrators  and  had  assaulted  a 
burth  demonstrator  in  1989  and  ordered  the  Tokyo  municipal  government  to  pay 
damages. 

c.  Freedom  of  Religion. — Freedom  of  religion  and  the  separation  of  state  and  reli- 
gion are  provided  for  in  the  Constitution  and  are  respected  in  practice.  While  Bud- 
dhism and  Shintoism  are  the  two  major  religions,  there  are  many  others,  including 
several  Christian  denominations.  Some  temples  and  shrines  receive  public  support 
as  national  historic  or  cultural  sites.  This  situation  may  change,  however,  in  the 
wake  of  an  April  ruling  by  the  Supreme  Court  that  a  prefectural  government  may 
not  contribute  public  money  to  only  one  religious  organization,  if  the  donations  sup- 
ported, encouraged,  and  promoted  a  specific  religious  group. 

The  Government  does  not  require  that  religious  groups  be  licensed.  However,  to 
receive  official  recognition  as  a  religious  organization,  which  brings  tax  benefits  and 
other  advantages,  a  group  must  register  with  local  or  national  authorities  as  a  "reli- 
gious corporation."  In  practice,  almost  all  religious  groups  register.  In  response  to 
tne  Aum  Shinrikyo  terrorist  attacks,  a  1996  Amendment  to  the  Religious  Corpora- 
tion Law  gives  governmental  authorities  increased  oversight  of  religious  groups  and 
requires  greater  disclosure  of  financial  assets  by  religious  corporations.  In  December 
the  Cultural  Agency  announced  that  nearly  5,000  religious  groups  across  the  coun- 
try appeared  dormant,  and  some  of  these  may  have  been  used  for  tax  evasion. 

In  February  the  Public  Security  Commission  rejected  a  Grovemment  proposal  that 
the  Aum  Shinrikyo  religious  cult  be  outlawed. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  have  the  right  to  travel  freely  both  within  Japan  and  abroad, 
to  change  their  place  of  residence,  to  emigrate,  and  to  repatriate  voluntarily.  Japa- 
nese nationality  may  be  lost  by  naturalization  in  a  foreign  country,  or  by  failure  of 
people  bom  with  dual  nationality  to  elect  Japanese  nationality  at  the  required  age. 

The  Government  has  granted  asylum  to  those  claiming  fear  of  persecution  if  they 
return  to  their  homeland  in  only  a  small  number  of  cases.  It  believes  that  most  peo- 
ple seeking  asylum  in  Japan  do  so  for  economic  reasons.  Between  January  1996  and 
August  1997,  only  2  of  the  345  applicants  met  the  required  standard  for  and  were 
gfranted  asylum. 

The  Government  has  shown  flexibility  in  dealing  with  visa  extensions  for  Chinese 
student  dissidents,  although  it  continues  to  be  reluctant  to  grant  permanent  asylum. 

The  Government's  60-day  rule  requires  applicants  to  appear  at  an  immigration  of- 
fice within  60  days  of  arrival  or  within  60  days  of  learning  that  they  are  likely  to 
be  persecuted  in  their  home  country.  Individuals  who  do  not  present  their  applica- 
tions within  the  60-day  time  frame  due  to  extenuating  circumstances  may  apply  as 
an  exception  to  the  rule,  even  after  the  60-day  perioa  had  passed.  An  alien  who  is 
recognized  as  a  refugee  has  access  to  educational  facilities,  public  relief  and  aid,  and 
social  welfare  benefits.  An  alien  who  is  denied  refugee  status  may  appeal  the  deci- 
sion to  the  Ministry  of  Justice.  In  an  effort  to  make  procedures  clearer  to  applicants, 
the  Government  distributes  an  English-language  pamphlet  to  those  interested  in  the 
asylum  process. 

while  the  Government  sometimes  CTants  first  asylum,  there  are  no  standard  pro- 
cedures established,  and  the  Justice  Ministry  and  the  Foreign  AfTairs  Ministry  de- 
cide upon  such  grants  jointly  on  a  case-by-case  basis.  In  January  an  illegal  alien 
Chinese  prodemocracy  activist  was  denied  asylum  status.  He  spent  18  months  in  a 
detention  center  before  being  released  on  condition  that  he  agree  to  resettle  in  Den- 
mark. In  exchange  for  being  granted  a  special  permit  enabling  him  to  leave  Japan 
legally,  he  had  to  withdraw  an  administrative  law  suit  asking  the  district  court  to 
order  the  State  to  recognize  him  as  a  refugee.  There  were  no  reports  that  persons 
were  forcibly  returned  to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
Citizens  have  the  right  peacefully  to  change  their  government  and  are  able  to  ex- 
ercise this  right  in  practice  through  frequent,  free,  and  fair  elections  on  the  basis 
of  universal  suffrage  by  secret  ballot.  Cfitizens  living  overseas  are  not  entitled  to 


804 

vote  in  local  and  national  elections.  In  November  1996,  a  group  of  expatriates  filed 
suit  against  the  Government,  claimingthat  the  election  law  aeprived  them  of  the 
constitutionally  provided  right  to  vote.  The  case  is  still  pending. 

A  parliamentary  democracy,  Japan  is  governed  by  the  political  party  or  parties 
able  to  form  a  majority  in  the  lower  house  of  its  bicameral  Diet.  From  1955  until 
1993,  all  prime  ministers  and  almost  all  cabinet  ministers  were  members  of  the  Lib- 
eral Democratic  Party,  which  enjoyed  a  majority  in  the  lower  house  throughout  this 
period.  Since  1993,  except  for  a  brief  period  of  non-LDP  coalition  government  from 
August  1993  to  June  1994,  the  LDP  nas  been  part  of  successive  coalition  govern- 
ments. 

There  are  no  legal  impediments  to  women's  participation  in  government  and  poli- 
tics, but  cultural  attitudes  are  not  favorable  to  their  participation.  Women  make  up 
7.7  percent  of  the  Diet.  Women  hold  23  seats  in  the  500-member  lower  house  of  the 
Diet  (4.6  percent),  and  35  seats  in  the  252-member  upper  house  (13.8  percent).  As 
of  November,  the  21-member  Cabinet  had  no  female  members. 

There  is  one  Ainu  member  of  the  Diet. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  local  and  international  human  rights  organizations  function  freely, 
without  governmental  restrictions  or  impediments,  investigating  and  publishing 
their  findings  on  human  rights  cases.  Government  oflicials  are  generally  cooperative 
and  responsive  to  their  views,  although  the  Government  restricts  access  to  prisons 
and  detention  facilities  by  human  rights  groups  (see  Section  I.e.). 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  the  basis  of  race,  creed,  sex,  social 
status,  or  family  origin,  and,  in  general,  the  Government  respects  these  provisions. 

Women. — According  to  the  National  Police  Agency,  450  incidents  of  spousal  abuse 
against  women  were  reported  to  authorities  in  1995.  However,  violence  against 
women,  particularly  domestic  violence,  often  may  go  unreported  due  to  social  and 
cultural  concerns  about  shaming  one's  family  or  endangering  the  reputation  of  one's 
spouse  or  offspring.  Typically,  victimized  women  often  return  to  tne  home  of  their 
parents  rather  than  file  reports  with  authorities.  Therefore,  National  Police  Agency 
statistics  on  violence  against  women  undoubtedly  understate  the  scope  of  the  cur- 
rent situation.  Many  local  governments  are  responding  positively  to  a  need  for  con- 
fidential assistance  by  establishing  special  women's  consultation  departments  in  po- 
lice and  prefectural  offices. 

The  number  of  illegal  female  workers  increased  by  5.4  percent  in  1996.  According 
to  the  Ministry  of  Justice,  484  of  the  20,325  illegal  female  workers  deported  from 
Japan  in  1996  were  prostitutes  (2.4  percent).  The  Government  is  working  to  reduce 
the  foreign  prostitute  problem  by  enforcing  existing  antiprostitution  laws  as  well  as 
provisions  in  the  Immigration  Control  and  Refugee  Recognition  Act  directed  against 
anyone  encouraging  a  person  to  engage  in  illegal  work.  In  recent  years,  police,  espe- 
cially in  Tokyo,  nave  conducted  a  number  of  sweeps  against  both  foreign  prostitutes 
and  their  employers. 

Sexual  harassment  in  the  workplace  is  widespread,  as  evidenced  by  a  1996  report 
compiled  by  the  Japanese  Trade  Union  Confederation,  RENGO,  in  which  40  percent 
of  working  women  reported  that  they  had  experienced  some  form  of  sexual  Harass- 
ment. Sexual  harassment  occurs  in  a  range  of  actions,  including  sexually  charged 
jokes,  comments  about  physical  features  such  as  breast  size,  the  display  of  porno- 
graphic photos,  molestation,  direct  requests  for  sexual  favors,  and  unwanted  bodily 
contact.  Two  percent  of  the  survey  respondents  said  that  they  were  forced  to  have 
a  sexual  relationship.  A  government  white  paper  released  in  July,  using  a  narrower 
definition,  reported  that  25.7  percent  of  women  had  been  sexually  harassed  at  work. 

Public  awareness  of  discrimination  against  women  and  sexual  harassment  has  in- 
creased, but  there  is  no  indication  that  incidents  of  discrimination  and  sexual  har- 
assment are  decreasing.  Women  make  up  39.2  percent  of  the  Japanese  labor  force, 
and  women  age  15  to  64  have  a  labor  force  participation  rate  of  50  percent.  How- 
ever, according  to  a  Management  and  Coordination  Agency  survey  conducted  from 
April  to  June  1996,  92.5  percent  of  Japanese  companies  surveyed  had  not  taken  any 
preventive  measures  against  sexual  harassment.  Seventy-five  percent  of  the  firms 
said  that  they  felt  no  need  to  take  such  measures.  A  growing  number  of  government 
entities  are  establishing  hot  lines  and  designating  ombudsmen  to  handle  complaints 
of  discrimination  and  sexual  harassment. 

The  Constitution  prohibits  sexual  discrimination  and  stipulates  individual  dignity 
and  the  essential  equality  of  the  sexes  in  the  family.  The  Labor  Standard  Law  for- 


805 

bids  wage  discrimination  against  women.  The  Government  passed  several  additional 
pieces  oT  legislation  designed  to  equalize  employment  and  promotion  opportunities 
and  combat  sexual  harassment.  In  May  the  Government  passed  a  law  allowing 
women  to  work  overtime  shifts  for  the  first  time.  Under  the  previous  laws,  in  effect 
since  1947,  women  were  prohibited  from  working  between  10:00  p.m.  and  5:00  a.m., 
with  only  a  few  exceptions.  Also  in  May,  the  Government  passed  a  new  Equal  Em- 
plojrment  Opportunity  (EEO)  Law  banning  employers  from  discriminating  against 
women.  This  law  was  designed  to  strengthen  the  1986  EEO  Law,  which  instructed 
employers  to  make  efforts  to  stop  discrimination  in  recruiting,  hiring,  assignments, 
ana  promotion  of  workers.  However,  the  new  law's  only  penalty  is  that  names  of 
companies  that  practice  sexual  discrimination  can  be  publicized.  The  Ministry  of 
Labor  does  not  enforce  compliance  through  fines  or  other  punitive  penalties.  Also 
in  May,  the  Government  revised  the  Labor  Standard  Law  to  allow  an  arbitration 
committee  to  initiate  procedures  to  help  ensure  the  rights  of  female  workers  at  the 
workei^s  request,  without  first  having  to  obtain  approval  from  both  management 
and  an  employee  s  union. 

Although  as  noted  the  law  prohibits  discrimination  against  women  in  wages,  fe- 
male woncers  on  average  earned  only  62  percent  of  average  male  earnings.  Much 
of  this  disparity  results  from  the  "two-track"  personnel  administration  system  found 
in  most  larger  companies.  Under  this  system,  newly  hired  employees  are  put  into 
one  of  two  categories:  Managerial  track  (those  engaged  in  planning  and  decision- 
making jobs  and  with  the  potential  to  become  top  executives),  or  clerical  track  (those 
engaged  in  general  office  work).  According  to  a  1995  Ministry  of  Labor  survey,  72 
percent  of  companies  responding  said  that  they  hired  only  male  workers  for  mana- 
gerial track  jobs.  Female  workers  have  also  sufiered  disproportionately  from  the 
continued  sluggishness  of  the  economy.  Because  married  women  are  designated  as 
spouses  on  the  family  income  tax  return,  women  who  earn  more  than  $8,500  (1.03 
million  yen)  per  year  face  the  loss  of  income  tax  benefits  and  their  husbands  may 
lose  corporate  family  allowances. 

According  to  the  National  Personnel  Authority,  as  of  March  1995,  women  made 
up  16.4  percent  of  all  national  government  workers,  but  held  only  3.8  percent  of  top 
((urector  level  and  higher)  government  posts.  According  to  the  Home  Ministry, 
women  constituted  31.4  percent  of  all  local  government  workers,  but  held  only  3.2 
percent  of  top  local  government  positions. 

In  addition  to  discrimination,  traditional  male/female  division  of  labor  at  home 
place  disproportionate  burdens  on  working  women.  According  to  a  1995  Japan  Insti- 
tute of  Labor  survey,  in  double  income  households  where  the  wife  works  full  time, 
the  wife  performs  64  percent  of  all  household  duties.  In  households  where  the  wife 
works  part-time,  she  performs  85  percent  of  all  household  duties. 

In  September  the  Government  acknowledged  that  nearly  16,500  disabled  women 
were  sterilized  without  their  consent  between  1949  and  1992.  In  its  acknowledg- 
ment the  Government  stated  that  it  did  not  plan  to  apologize  or  pay  compensation 
to  these  women,  or  to  further  investigate  the  program,  despite  the  demands  of  Na- 
tional Federation  for  the  Mentally  Handicapped  and  several  other  groups  represent- 
ing women  and  the  disabled.  A  Ministry  of  Health  official  said  that  no  apology  was 
planned  because  the  procedure  was  legal  at  the  time.  The  Eugenic  Protection  Law, 
revoked  only  in  1996,  allowed  doctors  to  sterilize  people  with  mental  or  physical  dis- 
abilities or  certain  hereditary  diseases  without  their  consent,  after  the  approval  of 
committees  appointed  by  local  governments.  Women's  and  disabled  persons  advo- 
cacy groups  are  still  pressing  for  a  government  investigation  into  all  sterilization 
cases  and  for  a  formal  apology  and  compensation. 

In  1993  the  Prime  Minister  publicly  acknowledged  and  apologized  for  the  former 
Imperial  Government's  involvement  in  the  armj^s  practice  of  forcing  an  estimated 
200,000  women  (including  Koreans,  Filipinas,  Chinese,  Indonesians,  Burmese, 
Dutch,  and  Japanese)  to  provide  sex  to  soldiers  between  1932  and  1945.  Five  cases 
concerning  the  "comfort  women"  problem  are  pending  in  the  Tokyo  District  Court. 
In  four  cases  the  plaintiffs  are  seeking  monetary  compensation;  in  one  case  the 
plaintiff  is  seeking  an  official  apology  from  the  Government. 

The  Asian  Women's  Fund  was  established  in  July  1995  as  a  private,  government- 
sponsored  fund  to  compensate  fornler  comfort  women.  The  fund  supports  three  types 
01  projects:  Providing  direct  compensation  payments  to  individual  victims;  providing 
medical  and  welfare  assistance  to  individual  comfort  women;  and  funding  projects 
to  improve  the  general  status  of  women  and  girls  in  Asia.  Projects  in  the  first  cat- 
egory are  funded  by  private  donations,  the  second  and  third  types  of  projects  are 
financed  by  the  Government  and  administered  by  the  fund.  As  of  December,  the 
fund  had  collected  donations  totaling  approximately  $4  million  (480  million  yen), 
and  given  lump-sum  payments  of  almost  $18,600  (2  million  yen)  each  and  a  letter 
of  apology  signed  by  tne  Prime  Minister  to  over  50  Filipina,  Korean,  and  Taiwanese 


806 

former  comfort  women.  These  women  also  received  medical  and  welfare  assistance 
from  the  fund.  More  than  50  applications  were  pending  as  of  December. 

Children. — The  Government  is  committed  to  children's  rights  and  welfare,  and  in 
general,  the  rights  of  children  are  adequately  protected.  Boys  and  girls  have  equal 
access  to  health  care  and  other  public  facilities.  Education  is  free  and  compulsory 
through  the  lower  secondary  level.  Education  is  free  and  universally  available  at  the 
upper  secondary  level  through  the  age  of  18. 

Despite  heightened  media  attention  and  public  expressions  of  disapproval,  the 
Government  and  society  in  general  appear  to  take  a  lenient  attitude  toward  teenage 

g restitution  and  dating  for  money,  which  may  or  may  not  involve  sexual  activities, 
ex  with  those  under  13  years  of  age  is  prohibited,  but  consensual  sex  with  a  13- 
year-old  is  not  prosecutable  under  the  Criminal  Code.  According  to  current  laws,  in 
order  to  prove  rape  and  forcible  sexual  contact  with  a  minor  age  13  or  over,  the 
prosecution  must  prove  that  the  attacker  threatened  or  used  violence  against  the 
victim.  Currently,  laws  regarding  prostitution  with  minors  over  13  years  of  age  are 
covered  only  by  prefectural  government  ordinances.  Under  the  present  Prostitution 
Prevention  Law,  selling  the  sexual  services  of  children  is  illegal,  but  purchasing 
those  services  is  not.  There  is  no  law  that  directly  prohibits  the  production  and  sale 
of  child  pornography.  In  1996,  5,378  teenage  girls  were  taken  into  police  custody  for 
sexual  misconduct,  of  whom  562  were  engaging  in  prostitution.  According  to  a  police 
survey  of  those  girls,  46.8  percent  said  that  they  wanted  spending  money,  while  29.6 
percent  said  that  they  acted  out  of  curiosity. 

The  National  Police  Agency  reported  in  December  that  139,867  teenagers  were  ar- 
rested between  January  and  November  on  suspicion  of  committing  criminal  offenses, 
about  6,000  more  than  in  1996.  In  September  the  Government  lifted  the  2-year  limit 
on  detention  in  juvenile  reformatories,  and  it  issued  a  directive  stating  that  juve- 
niles can  be  detained  until  the  age  of  23  if  they  have  not  been  deemed  to  have  re- 
formed and  until  the  age  of  26  if  they  need  psychiatric  treatment. 

In  recent  years,  the  problem  of  severe  bullying,  or  "ijime,"  has  received  greater 
public  attention.  At  elementary  and  junior  high  schools,  bullying  most  often  involves 
verbal  abuse,  with  physical  abuse  occurring  more  often  at  the  high  school  level.  The 
Ministry  of  Education  reported  that  in  1996  there  were  51,544  reported  cases  of  bul- 
lying in  elementary,  junior  high,  and  senior  high  schools,  representing  a  14.2  per- 
cent drop  in  incidents  from  previous  year.  However,  many  cases  go  unreported  and 
the  actual  number  of  cases  is  probably  higher.  Moreover,  incidents  of  violence 
against  fellow  students,  teachers,  and  school  property  increased  31.7  percent  from 
the  previous  year,  to  10,575  cases.  Education  experts  suggest  that  pressures  at 
home  and  school  to  excel  academically  may  be  contributing  to  the  increase  in  stu- 
dent violence  and  long-term  (30  to  150  days)  absenteeism,  which  rose  15.6  percent 
from  1995.  According  to  the  Ministry  report,  there  are  cases  in  which  students  in- 
tentionally attacked  teachers,  knowing  that  the  teachers  were  prohibited  by  law 
from  inflicting  physical  punishment  on  students.  In  August  1994,  the  Ministry  of 
Justice  established  the  Office  of  Ombudsman  for  Children's  Rights  to  cope  with  duI- 
lylng  and  other  children's  issues.  In  addition  to  compiling  statistics  on  bullying  and 
consulting  with  various  groups  concerned  with  children's  welfare,  the  Office  of  Om- 
budsman provides  counseling  services  for  children  18  years  of  age  and  younger  who 
have  been  victims  of  bullying. 

Although  the  Constitution  prohibits  discrimination  based  on  social  status  or  fam- 
ily origin,  the  Civil  Code  stipulates  that  the  statutory  inheritance  share  for  illegit- 
imate children  is  half  that  of  legitimate  children.  The  Government  does  not  view 
this  statutory  distinction  as  constituting  unreasonable  discrimination  against  illegit- 
imate children. 

People  With  Disabilities. — The  law  does  not  mandate  accessibility  to  buildings  for 
the  disabled.  Although  not  generally  subject  to  overt  discrimination  in  employment, 
education,  or  in  the  provision  of  other  state  services,  the  disabled  face  limited  access 
to  public  transportation,  "mainstream"  public  education,  and  other  facilities.  The 
Deliberation  Panel  on  the  Employment  or  the  Handicapped  operates  within  the  Min- 
istry of  Labor.  Since  1976  private  companies  with  300  or  more  employees  have  been 
required  to  hire  a  fixed  proportion  of  disabled  people.  The  penalty  for  noncompliance 
is  a  fine.  In  September  the  Government  issued  a  cabinet  directive,  effective  July  1, 
1998,  ordering  private  companies  to  raise  the  proportion  of  physically  disabled  per- 
sons in  their  work  force  from  1.6  to  1.8  percent,  and  raising  the  percentage  of  dis- 
abled persons  among  civil  servants  from  2  to  2.1  percent. 

In  April  the  Diet  amended  the  Law  To  Promote  the  Employment  of  the  Handi- 
capped to  include  the  mentally  disabled.  The  revision  takes  efTect  on  July  1,  1998. 
The  amendment  also  loosened  the  licensing  requirements  for  community  support 
centers  which  promote  employment  for  the  disabled,  and  it  introduced  government 


807 

subsidies  for  the  employment  of  mentally  disabled  persons  in  part-time  jobs.  These 
provisions  are  scheduled  to  take  effect  on  April  1,  1998. 

In  May  1995.  the  Headquarters  for  Promoting  the  Welfare  of  Disabled  Persons, 
set  up  by  the  Prime  Minister's  OlTice,  issued  a  directive  to  the  nation's  municipali- 
ties to  draw  up  formal  plans  for  care  of  disabled  citizens  by  the  end  of  March  1997. 
In  November  1996,  the  Ministry  of  Health  and  Welfare  also  instructed  local  govern- 
ments to  set  numerical  targets  for  the  number  of  home  helpers  and  care  facilities 
allocated  to  the  disabled.  However,  according  to  newspaper  reports,  fewer  than  one- 
fifth  of  the  nation's  municipalities  currently  nave  formal  care  plans  for  disabled  citi- 
zens. 

Indigenous  People. — The  Ainu  are  a  people  descended  from  the  first  inhabitants 
of  Japan.  The  Ainu  Association  of  HokKaiao  estimates  the  total  number  at  50,000, 
less  than  0.05  percent  of  the  country's  124  million  population.  Almost  all  of  them 
live  on  Hokkaioo,  the  northernmost  of  Japan's  four  main  islands.  Their  primaiy  oc- 
cupations are  fishing,  small-scale  farming,  and  jobs  in  the  tourism  industry.  Imder 
a  1899  law,  the  Government  pursued  a  policy  of  forced  assimilation,  imposing  man- 
datory Japanese  education  and  denying  the  Ainu  their  ri^t  to  continue  traditional 
practices.  The  law  also  left  the  Ainu  with  control  of  only  approximately  0.15  percent 
of  their  original  holdings. 

In  May  1993,  two  Ainu  filed  a  suit  against  the  Government,  challenging  its  right 
to  expropriate  their  land,  which  the  Ainu  consider  sacred,  to  build  a  dam.  In  March 
the  Sapporo  District  Court  ruled  that  the  Government  had  illegally  expropriated  the 
land,  but  did  not  order  the  Government  to  return  the  land  to  the  plaintiffs  because 
the  dam  had  already  been  completed.  However,  the  Court  ruled  that  the  Ainu  were 
a  minority  aboriginal  race. 

Ainu  Diet  member  Shigeru  Kayano  was  instrumental  in  the  Diet's  passage  of  the 
Law  To  Promote  Ainu  Culture  and  Disseminate  Knowledge  of  Ainu  Traditions  in 
May.  The  law  officially  recognized  the  Ainu  as  an  ethnic  minority,  and  required  all 
prefectural  governments  to  develop  basic  programs  for  promoting  Ainu  culture  and 
traditions.  It  canceled  a  series  of  previous  laws  that  discriminated  against  the  Ainu 
including  the  1899  law.  With  the  new  law,  the  Government  for  the  first  time  ac- 
knowledged the  existence  of  an  ethnic  minority  in  Japan.  However,  the  law  stopped 
short  of  recognizing  the  Ainu  as  the  indigenous  people  of  Hokkaido,  and  also  faded 
to  address  whether  they  deserved  special  rights  as  a  distinct  ethnic  group.  The  new 
law  did  not  mandate  civil  rights  protection  for  the  Ainu.  A  nonbinding  accompany- 
ing resolution  referred  to  the  Ainu  as  a  legal  Japanese  minoritv.  In  N^rch  the  first 
Ainu-language  newspaper  went  to  press.  The  Ainu  continue  to  face  societal  discrimi- 
nation while  engaging  in  an  uphill  struggle  against  complete  assimilation. 

National  /  Racial/  Ethnic  Minorities.— The  ethnocentric  nature  of  Japanese  society, 
reinforced  by  a  high  degree  of  cultural  and  ethnic  homogeneity  and  a  history  of  iso- 
lation from  other  cultures,  has  impeded  the  integration  of  minority  groups.  This  pri- 
marily afliects  Burakumin,  Koreans,  and  alien  workers. 

The  Burakumin  (descendants  of  feudal  era  "outcasts"  who  practiced  "unclean"  pro- 
fessions such  as  butchering  and  undertaking),  although  not  subject  to  governmental 
discrimination,  are  frequently  victims  of  entrenched  societal  discrimination,  includ- 
ing restricted  access  to  housing  and  employment  opportunities.  They  are  estimated 
to  number  approximately  3  million,  but  most  prefer  to  hide  their  identity.  Beginning 
in  1969,  the  Government  introduced  with  some  success  a  number  of  social,  eco- 
nomic, and  legal  programs  designed  to  improve  conditions  for  the  Burakumin  and 
hasten  their  assimilation  into  mainstream  society.  In  recent  years,  however,  some 
within  the  Burakumin  community  have  questioned  whether  assimilation  is  an  ap- 
propriate goal.  When  the  basic  legislation  to  provide  funding  for  Burakumin  pro- 
grams expired  in  March,  the  Government  enacted  legislation  effective  for  5  years 
that  retains  15  of  the  original  45  programs  for  Buraku  communities.  One  of  these 
programs  is  aimed  at  completing  housing  plans  already  in  progress. 

In  May  the  Buraku  Liberation  League  rewrote  its  manifesto  for  the  first  time  in 
13  years,  placing  less  emphasis  on  class  struggle  and  more  emphasis  on  civil  rights, 
soaal  welfare,  and  the  environment.  The  new  platform  also  replaced  the  term 
Burakumin  (hamlet  people)  with  Buraku  Jumin  (hamlet  residents),  to  try  to  debunk 
the  false  concept  that  these  people  are  a  different  race  from  other  Japanese.  The 
platform  was  adopted  at  a  national  convention. 

There  are  more  than  650,000  Korean  residents,  although  the  number  has  been 
steadily  decreasing  as  Korean  nationals  naturalize  or  many  Japanese  which  allows 
their  children  to  gain  Japanese  citizenship  automatically.  Despite  improvements  in 
legal  safeguards  against  discrimination,  Korean  permanent  residents  (most  of  whom 
were  bom,  raised,  and  educated  in  Japan)  are  still  subject  to  various  forms  of  deeply 
entrenched  societal  discrimination.  By  law,  aliens  with  5  years  of  continuous  resi- 
dence are  eligible  for  naturalization  and  the  simultaneous  acquisition  of  citizenship 


45-909    98-27 


808 

rights,  including  the  right  to  vote.  In  practice,  however,  most  eUgible  aliens  choose 
not  to  apply  for  citizenship,  in  part  due  to  fears  that  their  cultural  identity  would 
thereby  he  lost.  De  facto  obstacles  to  naturalization  include  broad  discretion  avail- 
able to  abjudicating  officers  and  great  emphasis  on  Japanese  language  ability.  Natu- 
ralization procedures  also  require  an  extensive  background  check,  including  inquir- 
ies into  the  applicant's  economic  status  and  assimilation  into  Japanese  society.  A 
Korean  may  also  be  required  to  adopt  a  Japanese  surname.  According  to  press  re- 
ports, many  applications  are  routinely  turned  down.  The  Government  defends  its 
naturalization  procedures  as  being  necessary  to  ensure  the  smooth  assimilation  of 
foreigners  into  Japanese  society.  Alien  permanent  residents  may  live  abroad  up  to 
5  years  without  losing  their  right  to  permanent  residence.  In  February  1995,  the 
Supreme  Court  ruled  that  the  Constitution  does  not  bar  permanent  foreign  resi- 
dents from  voting  in  local  elections.  However,  the  Court  also  ruled  that  existing 
laws  denying  voting  rights  to  foreign  residents  are  not  unconstitutional. 

Under  the  School  Education  Law  students  attending  Chinese,  Korean,  or  other 
non-Japanese  schools  are  not  eligible  to  take  national  university  examinations.  In 
December  Nagano  University  declared  that  it  had  mistakenly  admitted  and  subse- 
quently awared  degrees  to  four  ethnic  Chinese  students  who  had  studied  at  a  Chi- 
nese school.  Although  the  University  did  not  invalidate  the  degrees  already  award- 
ed, it  announced  that  it  would  accept  no  more  students  from  that  high  school.  Also 
in  December,  the  Ministry  of  Education,  claiming  that  non-Japanese  students  are 
not  treated  unfairly,  rejected  the  petition  of  a  Korean  residents  advocacy  group  con- 
taining over  1,300  signatures,  which  asked  that  national  universities  be  allowed  to 
accept  non-Japanese  school  graduates. 

In  1993  the  Government  halted  the  fingerprinting  of  permanent  foreign  residents. 
Instead  of  fingerprinting,  the  Government  has  established  a  family  registry  system 
that  uses  the  resident's  picture  and  signature  and  contains  information  on  parents 
and  spouses  living  in  Japan,  a  system  similar  to  that  used  for  Japanese  nationals. 
The  current  law  leaves  intact  the  requirement  that  all  foreign  residents  carry  alien 
registration  certificates  at  all  times. 

In  1953  the  Government  decreed  that  public  servants  with  administrative  author- 
ity and  the  ability  to  influence  public  opinion  must  be  Japanese.  Noncitizens  were 
prohibited  from  taking  examinations  for  local  government  positions.  Nevertheless, 
some  municipal  governments  began  lifting  restrictions  on  noncitizen  civil  servants. 
In  December  1996,  the  Home  Affairs  Ministry  reversed  the  long-held  national  policy 
of  opposition  to  localities  lifting  the  nationality  clause  and  instructed  local  govern- 
ments to  decide  at  their  own  discretion.  However,  the  Ministry  instructed  local  gov- 
ernments to  restrict  noncitizens'  access  to  jobs  that  involved  the  exercise  of  puolic 
authority  and  formation  of  public  intent.  The  directive  also  required  local  govern- 
ments to  clearly  state  which  jobs  were  closed  to  noncitizens.  Some  of  the  jobs  consid- 
ered ofl"  limits  include  tax  collection,  construction  permit  issuance,  sanitation  inspec- 
tion, and  fire  fighting. 

Several  local  governments  have  already  changed  their  rules  in  response  to  the 
Government's  new  position.  The  cities  of  Kawasaki,  Yokohama,  Osaka,  Kobe,  and 
Hisai,  and  Kanagawa  and  Koichi  Prefectures  have  opened  many  iobs  to  noncitizens. 
In  May  the  Osaka  municipal  government  introduced  new  guidelines  allowing  non- 
citizens  with  permanent  residency  to  engage  in  jobs  in  276  fields,  including  public 
relations,  engineering,  and  social  welfare  services.  Under  the  new  guidelines,  non- 
citizens  can  be  promoted  to  section  chief  or  higher  within  the  specified  fields.  In 
June,  for  the  first  time,  noncitizens  took  the  employment  exams  for  these  city  and 
prefectural  governments.  In  August  two  Korean  resident  women  passed  the  Kobe 
city  exam,  making  them  the  first  noncitizens  eligible  for  employment  under  the  new 
rules.  According  to  a  joint  survey  conducted  by  the  All  Japan  Prefectural  and  Mu- 
nicipal Workers  Union  and  the  Korean  Residents  Association  in  Japan,  19.8  percent 
of  local  governments  still  forbid  the  hiring  of  noncitizens. 

Critics  complain  that  opening  some  but  not  all  jobs  to  noncitizens  perpetuates  in- 
stitutional discrimination  and  the  perception  that  noncitizen  residents  cannot  be 
trusted  to  act  in  the  community's  best  interest.  The  system  also  allows  each  local 
government  to  develop  it  own  rules  without  uniformity  being  imposed  by  the  na- 
tional government. 

The  Immigration  Bureau  of  the  Justice  Ministry  estimated  that,  as  of  January  1, 
there  were  282,986  foreign  nationals  residing  illegally  in  Japan,  a  decrease  of  0.6 
percent  from  the  previous  year.  Illegal  immigrants  come  primarily  from:  South 
Korea,  the  Philippines,  Thailand,  China,  Peru,  Iran,  Malaysia,  and  Taiwan. 

While  many  illegally  resident  foreigners  came  in  search  of  better  paying  manufac- 
turing and  construction  jobs,  these  opportunities  decreased  during  the  economic 
slowdown.  Thus,  more  of  the  foreign  workers  are  unemployed  or  marginally  em- 
ployed. Some  illegal  alien  workers  have  been  exploited  (see  Section  5). 


809 

Activist  groups  claim  that  employers  can  easily  discriminate  against  foreign  woric- 
ers,  who  often  nave  little  or  no  knowledge  of  the  Japanese  language  or  their  legal 
rights.  The  Government  attempts  to  deal  with  the  problem  of  illegal  workers  within 
the  bounds  of  existing  law.  It  has  tried  to  reduce  the  inflow  of  illegal  foreign  work- 
ers by  prosecuting  employers.  Recent  revisions  of  the  ImmigT^tion  Law  provide  for 
penalties  against  employers  of  undocumented  foreign  workers.  Suspected  foreign 
workers  may  also  be  denied  entry  for  passport,  visa,  and  entry  application  irregular- 
ities. The  Government  continues  to  study  the  foreign  worker  issue,  and  several  citi- 
zens' groups  are  working  with  illegal  foreign  woriters  to  improve  their  access  to  in- 
formation on  worker  rights. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  of  workers 
to  associate  freely  in  unions.  Almost  12.3  million  workers,  22.6  percent  of  all  em- 

Sloyees,  belong  to  labor  unions.  Unions  are  free  of  government  control  and  influence. 
Cost  unions  are  involved  in  political  activity  as  well  as  labor  relations,  but  they  are 
not  controlled  by  political  parties.  The  Japanese  Trade  Union  Confederation 
(RENGO),  which  represents  7.6  million  workers  and  was  formed  in  1989  through 
the  merger  of  several  confederations,  is  the  largest  labor  organization.  There  is  no 
requirement  for  a  single  trade  union  structure,  and  there  are  no  restrictions  on  who 
may  be  a  union  official.  Members  of  the  armed  forces,  police,  and  firefighters  are 
not  permitted  either  to  form  unions  or  to  strike.  These  restrictions  have  led  to  a 
long-running  dispute  before  the  International  Labor  Organization's  (ILO)  Committee 
on  the  Application  of  Conventions  and  Recommendations  over  observance  of  ILO 
Convention  98  concerning  the  right  to  organize  and  bargain  collectively.  The  Com- 
mittee has  observed  that  these  public  employees  have  a  limited  capacity  to  partici- 
pate in  the  process  of  determining  their  wages  and  again  in  June  1996  asked  the 
Government  to  consider  any  measures  it  could  take  to  encourage  negotiations  with 
public  employees. 

The  right  to  strike,  implicit  in  the  Constitution,  is  exercised.  During  1995,  77,000 
work  days  were  lost  to  strikes.  The  law  prohibits  retribution  against  strikers  and 
is  effectively  enforced.  Public  employees  do  not  have  the  right  to  strike,  although 
they  do  have  recourse  to  mediation  and  arbitration. 

Unions  are  free  to  affiliate  internationally  and  are  active  in  international  bodies, 
most  notably  the  International  Confederation  of  Free  Trade  Unions  and  maintain 
extensive  international  contacts. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  provides 
unions  with  the  right  to  organize,  bargain,  and  act  collectively.  These  rights  are  ex- 
ercised freely,  and  collective  bargaining  is  practiced  widely.  The  annual  "Spring 
Wage  Offensive,"  in  which  individual  unions  in  each  industry  conduct  negotiations 
simultaneously  with  their  firms,  involves  nationwide  participation.  Management 
usually  consults  closely  with  its  enterprise  union.  However,  trade  unions  are  inde- 
pendent of  management  and  aggressively  pursue  the  interests  of  their  workers. 
Antiunion  discrimination  is  prohioited  by  law,  and  adequate  mechanisms  exist  for 
resolving  such  cases  as  do  occur,  including  the  reinstatement  with  back  wages  of 
any  workers  fired  for  union  activities.  However,  the  collective  bargaining  rights  of 
public  employees  are  limited.  The  Government  determines  the  pay  of  government 
employees  based  on  a  recommendation  by  the  independent  National  Personnel  Au- 
thority. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  provides  that  no 
person  shall  be  held  in  bondage  of  any  kind.  Involuntary  servitude,  except  as  pun- 
ishment for  crime,  is  prohibited.  This  legal  prohibition  against  forced  or  compulsory 
labor  apples  equally  to  adults  and  to  children,  and  there  are  presently  no  known 
cases  01  forced  or  bonded  labor. 

Before  and  during  World  War  II  the  Government  conscripted  both  Chinese  and 
Korean  workers  who  were  forced  to  work  in  Japanese  factories  and  mines.  This 
practice  ended  in  1948  when  the  last  of  these  workers  was  returned  home.  Survivors 
and  families  of  these  workers  continue  to  press  claims  for  damages  and  compensa- 
tions for  their  forced  labor,  both  in  Japanese  civil  courts  and  in  complaints  to  the 
ILO.  In  September  the  Nippon  Steel  Corporation  reached  an  out-of-court  settlement 
with  the  families  of  11  Koreans  who  had  performed  forced  labor  in  the  company's 
mine  in  Kamaishi,  the  first  reported  payment  by  a  Japanese  firm  for  using  forced 
labor  during  the  war.  Another  forced  labor  suit  against  Nippon  Steel  filed  by  two 
South  Korean  men  is  pending  in  Osaka  District  Court.  However,  in  December  dis- 
trict courts  in  both  Nagasaki  and  Tokyo  ruled  against  such  claimants,  in  cases  in- 
volving the  Kajima  Corporation  and  Mitsubishi  Heavy  Industries,  on  the  basis  that 
the  20-year  statute  of  limitations  for  claims  against  illegal  acts  had  expired. 


810 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  Con- 
stitution bans  the  exploitation  of  children.  Both  societal  values  and  the  rigorous  en- 
forcement of  the  Labor  Standards  Law  protect  children  from  exploitation  in  the 
workplace.  The  Government  prohibits  forced  or  bonded  child  labor  and  enforces  this 
prohibition  effectively  (see  Section  6.c.). 

Child  labor  is  virtually  nonexistant.  By  law,  children  under  the  age  of  15  may  not 
be  employed  and  those  under  age  18  may  not  be  employed  in  dangerous  or  harmful 
jobs.  The  Labor  Inspection  Division  of  the  Ministry  of  Labor,  which  vigorously  en- 
forces the  Labor  Standards  Law,  reports  no  violations.  Society  places  an  extremely 
high  value  on  education,  which  is  compulsory  through  the  lower  secondary  (i.e. 
ninth  grade)  level.  Enrollment  levels  for  both  boys  and  girls  through  the  free  and 
universally  available  upper  secondary  level  (age  18)  exceed  95  percent. 

Under  the  revised  Labor  Standards  Law  of  1987,  minors  under  15  vears  of  age 
may  not  be  employed,  and  those  under  the  age  of  18  years  may  not  De  employed 
in  dangerous  or  harmful  work.  The  Labor  Inspection  Division  of  the  Ministry  of 
Labor  rigorously  enforces  child  labor  laws. 

e.  Acceptable  Conditions  of  Work. — Minimum  wages  are  set  on  a  regional  (prefec- 
tural)  and  industry  basis,  with  the  input  of  tripartite  (workers,  employers,  public 
interest)  advisory  councils.  Employers  covered  by  a  minimum  wage  must  post  the 
concerned  minimum  wages,  and  compliance  with  minimum  wages  is  considered 
widespread.  Minimum  wage  rates,  effective  in  fiscal  year  1997  (starting  April  1), 
ranged  from  $47  (5,368  yen)  per  day  in  Tokyo  and  Osaka  to  $40  (4,625  yen)  m  Oki- 
nawa Prefecture  and  are  considered  sufficient  to  provide  workers  and  their  families 
with  a  decent  living.  The  Labor  Standards  Law  provides  for  a  40-hour  workweek 
for  most  industries  and  mandates  premium  pay  for  hours  worked  over  40  in  a  week, 
or  8  in  a  day.  However,  labor  unions  frequently  criticize  the  Government  for  failing 
to  enforce  maximum  working  hour  regulations  in  smaller  firms. 

The  Ministry  of  Labor  effectively  administers  various  laws  and  regulations  gov- 
erning occupational  health  and  safety,  principal  among  which  is  the  1972  Industrial 
Safety  and  Health  Law.  Standards  are  set  by  the  Ministry  of  Labor  and  issued  after 
consultation  with  the  Standing  Committee  on  Safety  and  Health  of  the  Tripartite 
Labor  Standards  Commission.  Labor  inspectors  have  the  authority  to  suspend  un- 
safe operations  immediately,  and  the  law  provides  that  workers  may  voice  concerns 
over  occupational  safety  and  remove  themselves  from  unsafe  working  conditions 
without  jeopardizing  their  continued  employment. 


KIRIBATI 

Kiribati  comprises  some  78,400  people  occupying  33  small  islands  widely  scattered 
across  3.5  million  square  kilometers  of  the  central  Pacific.  The  population  is  pri- 
marily Micronesian,  with  a  significant  component  of  Polynesian  origin.  Kiribati 
gained  full  independence  from  the  United  Kingdom  in  1979  and  became  a  republic 
within  the  Commonwealth  of  Nations.  It  has  a  popularly  elected  president  and  a 
legislative  assembly  with  39  members  elected  by  universal  adult  suffrage,  and  2 
who  are  members  by  virtue  of  their  office.  The  judiciary  is  independent. 

A  police  force  of  about  250  personnel  is  effectively  controlled  by  civilian  authority. 

Economic  activity  consists  primarily  of  subsistence  agriculture  and  fishing.  The  is- 
lands' isolation  and  meager  resources,  including  poor  soil  and  limited  arable  land, 
severely  limit  prospects  for  economic  development. 

Society  is  egalitarian,  democratic,  and  resp)ectful  of  human  rights.  There  were  no 
reports  of  specific  human  rights  abuses,  but  in  the  traditional  culture  women  occupy 
a  subordinate  role  with  limited  job  opportunities. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  torture  and  inhuman  or  degrading  treatment  or  punishment  are  forbidden 
by  the  Constitution,  corporal  punishment  is  permitted  under  traditional  mores  for 
criminal  acts  and  other  transgressions.  On  some  outer  islands,  the  island  councils 
occasionally  order  strokes  with  palm  fronds  to  be  administered  for  public  drunken- 
ness and  other  minor  offenses  such  as  petty  thievery. 


811 

The  authorities  strive  to  meet  minimum  international  standards  for  prisons  but 
have  limited  financial  resources.  Food  and  sanitation  are  limited.  Family  members 
and  church  representatives  are  allowed  access  to  prisoners.  The  question  of  monitor- 
ing of  prison  conditions  by  local  human  rights  groups  has  not  arisen,  and  no  policy 
concerning  such  monitoring  has  been  formulated. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention,  or  exile,  and  the  Government  observes  this  prohibition.  In  June  the 
Government  seized  two  fishing  boats  passing  through  the  country's  waters  and  de- 
tained the  expatriate  captains  in  prison  lor  2  days.  The  Government  filed  no 
charges,  released  the  captains,  and  allowed  the  boats  to  proceed. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  independent  and  free  of  govern- 
mental interference.  The  right  to  a  fair  public  trial  is  provided  by  law  and  observed 
in  practice.  The  Constitution  provides  that  an  accused  person  be  informed  of  the  na- 
ture of  the  offense  for  which  he  is  charged  and  be  provided  adequate  time  and  facili- 
ties to  prepare  a  defense.  The  right  to  confront  witnesses,  present  evidence,  and  ap- 
peal convictions  is  enshrined  in  law.  Procedural  safeguards  are  based  on  English 
common  law. 

There  are  no  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
prohibits  such  practices.  Government  authorities  respect  these  provisions,  and  viola- 
tions are  subject  to  effective  legal  sanctions. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  respects  this  right  in  practice.  The  radio  sta- 
tion and  the  only  newspaper  are  government  owned  but  oiler  a  variety  of  views. 
Churches  publish  newsletters  and  other  periodicals.  Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly  and  association,  including  the  right  to  form  or  belong  to  asso- 
ciations for  the  advancement  or  protection  of  a  group's  interests,  and  the  Govern- 
ment does  not  impose  any  significant  restrictions  in  practice. 

c.  Freedom  of  Religion. — Freedom  of  religion  prevails.  There  is  no  state  or  pre- 
ferred religion.  Missionaries  are  free  to  seek  converts. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice.  There  were  no  reports  of  refugees.  The  Government  has  not  formulated 
a  policy  regarding  refugees,  asylees,  or  first  asylum. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Government  is  chosen  by  the  people  in  periodic  free  and  open  elections.  Exec- 
utive authority  is  exercised  by  the  President,  who  is  elected  for  a  4-year  term.  No 
less  than  three  and  no  more  than  four  presidential  candidates  are  nominated  by  the 
elected  Legislative  Assembly  from  among  its  members.  Under  the  Constitution  the 
President  is  limited  to  three  terms. 

The  snap  general  election  of  August  1994  saw  the  formation  of  Kiribati's  first  real 
political  party,  the  Maneaban  Te  Mauri  Party  (MTM),  as  opposition  forces  united 
to  bring  down  the  National  Progressive  Party  (NPP).  (The  NPP,  the  group  which 
had  led  Kiribati  since  independence  in  1979,  has  never  been  organized  as  a  political 
party.)  In  those  elections,  the  MTM  won  19  of  the  39  seats  (2  more  are  ex  officio), 
and  an  MTM  leader,  Teburoro  Tito,  was  elected  President. 

Women  are  underrepresented  in  politics  and  government.  No  women  hold  ministe- 
rial or  permanent  secretary  positions,  and  none  hold  national  elective  office. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  no  restrictions  on  the  formation  of  local  nongovernmental  organizations 
that  concern  themselves  with  human  rights,  but  to  date  none  has  been  formed. 
There  have  been  no  reported  allegations  of  human  rights  violations  by  the  Govern- 
ment and  no  known  requests  for  investigations.  Kiribati  is  not  a  member  of  the 
United  Nations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  the  basis  of  race,  creed,  national  ori- 
gin, or  sex,  and  the  Government  generally  observed  this  prohibition  in  practice. 
Kiribati  society,  fundamentally  egalitarian,  has  no  privileged  chiefiy  class. 

Women. — Violence  against  women  does  not  appear  to  be  a  major  problem  in  this 
isolated,  rural  society,  nape  is  a  crime  under  the  law,  and  the  law  is  enforced  when 


812 

charges  are  brought  to  court.  To  the  extent  that  it  exists,  wife  beating  is  dealt  with 
informally  and  in  a  traditional  way;  frequently,  communal  pressure  is  brought  to 
bear. 

The  traditional  culture  in  which  men  are  dominant  has  been  an  impediment  to 
women  taking  a  more  active  role  in  the  economy.  This  is  slowly  changing,  and  more 
women  are  finding  work  in  unskilled  and  semiskilled  occupations.  There  are  also 
signs  of  increased  government  hiring  and  promotions  to  redress  this  culturally 
based  inequity.  Women  have  full  and  equal  access  to  education. 

Statistics  on  the  participation  of  women  in  the  work  force  and  on  comparative 
wages  are  unavailable.  Women  have  full  rights  of  ownership  and  inheritance  of 
property. 

Children. — Within  the  limited  resources  of  the  Government,  adequate  expendi- 
tures are  made  for  child  welfare.  If  child  abuse  exists,  it  is  rare  and  has  not  become 
a  source  of  societal  concern. 

People  With  Disabilities. — There  is  no  evidence  or  complaint  of  discrimination  in 
employment,  education,  or  provision  of  other  state  services.  Accessibility  for  the  dis- 
abled has  not  been  mandated. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Freedom  of  association  is  provided  for  in  the  Con- 
stitution. Workers  are  free  to  organize  unions  and  choose  their  own  representatives. 
The  Government  does  not  control  or  restrict  unions.  Over  90  percent  of  the  work 
force  is  occupied  in  fishing  or  subsistence  farming,  but  the  small  wage  sector  has 
a  relatively  strong  and  effective  trade  union  movement.  In  1982  the  seven  registered 
trade  unions  merged  to  form  the  Kiribati  Trade  Union  Congress  (KTUC).  It  has  ap- 
proximately 2,500  members,  mostly  from  the  public  service  sector.  The  KTUC  is  af- 
filiated with  the  International  Confederation  of  Free  Trade  Unions.  The  law  pro- 
vides for  the  right  to  strike.  However,  strikes  are  rare,  the  last  one  having  taken 
place  in  1980. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  is  pro- 
vided for  under  the  Industrial  Relations  Code.  The  Government  sets  wages  in  the 
large  public  sector.  However,  in  a  few  statutory  bodies  and  government-owned  com- 
panies, employees  may  negotiate  wages  and  other  conditions.  In  the  private  sector 
employees  may  also  negotiate  wages  with  employers.  Negotiations  are  generally 
nonconfrontational,  in  keeping  with  Kiribati  tradition.  There  have  been  no  reports 
of  antiunion  discrimination.  However,  mechanisms  exist  for  resolving  any  such  com- 
plaints. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor,  and  it  is  not  practiced.  The  prohibition  does  not  specifically 
mention  children,  but  the  practice  of  forced  and  bonded  labor  by  children  also  does 
not  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  the  employment  of  children  under  the  age  of  14.  Children  through  the  age 
of  15  are  prohibited  from  industrial  employment  and  employment  aboard  ships. 
Labor  officers  from  the  Ministry  of  Commerce,  Industry,  and  Employment  normally 
enforce  these  laws  effectively,  given  the  rudimentary  conditions  of  the  economy  and 
its  industrial  relations  system.  Children  are  rarely  employed  outside  the  traditional 
economy.  Forced  and  bonded  labor  by  children  does  not  occur  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  Government  has  taken  no  concrete  action 
to  implement  longstanding  legislation  authorizing  establishment  of  minimum  wages. 
There  is  no  legislatively  prescribed  workweek.  The  Government  is  the  major  em- 
ployer in  the  cash  economy. 

Employment  laws  provide  rudimentary  health  and  safety  standards  for  the  work- 
place. Employers  must,  for  example,  provide  an  adequate  supply  of  clean  water  for 
workers  and  ensure  the  existence  of  sanitary  toilet  facilities.  Employers  are  liable 
for  the  expenses  of  workers  injured  on  the  job.  The  Government's  ability  to  enforce 
employment  laws  is  hampered  by  a  lack  of  qualified  personnel.  Women  may  not 
work  at  night  except  under  specified  circumstances  (generally  in  service  jobs  such 
as  hotel  clerks). 


813 
DEMOCRATIC  PEOPLE'S  REPUBLIC  OF  KOREA 

The  Democratic  People's  Republic  of  Korea^  (DPRK)  is  a  dictatorship  under  the 
absolute  rule  of  the  Korean  Workers'  Party  (KWP).  Kim  II  Sune  led  the  DPRK  from 
its  inception  until  his  death  in  July  1994.  Since  then  his  son  Kim  Jong  D  appears 
to  have  had  unchallenged  authority.  Kim  Jong  II  was  named  General  Secretary  of 
the  KWP  in  October,  although  he  has  not  assumed  his  father's  position  as  Presi- 
dent. Both  Kim  D  Sung  and  Kim  Jong  II  continue  to  be  the  objects  of  intense  per- 
sonality cults.  The  regime  emphasizes  "juche,"  a  national  ideology  of  self-reliance. 
The  judiciary  is  not  independent. 

The  Korean  People's  Army  is  the  primary  organization  responsible  for  external  se- 
curity. It  is  assisted  by  a  large  military  reserve  force  and  several  quasi-military  or- 
fanizations,  including  the  Worker-Peasant  Red  Guards  and  the  People's  Security 
brce.  These  organizations  assist  the  Ministry  of  Public  Security  and  cadres  of  the 
KWP  in  maintaining  internal  security.  Members  of  the  security  forces  committed  se- 
rious human  rights  abuses. 

The  State  directs  all  significant  economic  activity,  and  only  government-controlled 
labor  unions  are  permitted.  The  economy  contracted  in  1997,  as  it  has  each  year 
since  the  beginning  of  the  decade.  This  decline  is  due  in  part  to  the  collapse  of  the 
Soviet  bloc  and  the  elimination  of  Soviet  and  Chinese  concessional  trade  and  aid. 
It  is  also  due  to  distribution  bottlenecks,  inefficient  allocation  of  resources,  lack  of 
access  to  international  credit  stemming  from  the  DPRK's  default  on  much  of  its  for- 
eign debt,  and  the  diversion  of  an  estimated  quarter  of  the  gross  national  product 
to  military  expenditures.  For  the  last  3  years,  bad  weather  damaged  crops,  forced 
thousands  from  their  homes,  and  aggravated  an  already  difUcult  economic  situation. 
In  the  summer,  a  severe  drought  destroyed  crops  and  a  tidal  wave  damaged  re- 
claimed farmland  on  the  west  coast.  The  harvest  fell  significantly  short  of  minimum 
needs.  While  attributing  the  food  shortages  only  to  adverse  weather,  the  Govern- 
ment has  admitted  pubncly  that  it  is  su  fie  ring  from  them  and  sought  international 
food  aid  as  well  as  other  forms  of  assistance.  Food,  clothing,  and  energy  are  rationed 
throughout  the  country. 

The  Government  continues  to  deny  its  citizens  human  rights.  Citizens  do  not  have 
the  right  peacefully  to  change  their  government.  There  continued  to  be  reports  of 
extrajudicial  killings  and  disappearances. 

Citizens  are  detained  arbitrarily,  and  many  are  held  as  political  prisoners;  prison 
conditions  are  harsh.  The  constitutional  provisions  for  an  independent  judiciary  and 
fair  trials  are  not  implemented  in  practice.  The  regime  subjects  its  citizens  to  rigid 
controls.  The  state  leadership  perceives  most  international  norms  of  human  rights, 
especially  individual  rights,  as  illegitimate,  alien  social  artifacts  subversive  to  the 
goals  of  the  State  and  party.  The  Penal  Code  is  draconian,  stipulating  capital  pun- 
ishment and  confiscation  of^all  assets  for  a  wide  variety  of  "crimes  against  the  revo- 
lution," including  defection,  attempted  defection,  slander  of  the  policies  of  the  party 
or  State,  listening  to  foreign  broadcasts,  writing  "reactionary"  letters,  and  possess- 
ing "reactionary"  printed  matter.  The  Government  prohibits  freedom  of  speech,  the 
press,  assembly,  and  association,  and  all  forms  of  cultural  and  media  activities  are 
under  the  tight  control  of  the  party.  Radios  sold  in  North  Korea  are  constructed  to 
receive  North  Korean  radio  broadcasts  only;  radios  obtained  from  abroad  must  be 
altered  to  work  in  a  similar  manner.  Under  these  circumstances,  little  outside  infor- 
mation reaches  the  public  except  that  approved  and  disseminated  by  the  Govern- 
ment. The  Government  restricts  freedom  of  religion,  citizens'  movements,  and  work- 
er rights. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Defectors  report  that  the  regime 
continued  executions  of  political  prisoners,  opponents  of  the  regime,  repatriated  de- 
fectors, and  others  (reportedly  including  military  officers  suspected  of  espionage  or 
of  plotting  against  Kim  Jong  II).  The  criminal  law  makes  the  death  penalty  manda- 
tory for  activities  "in  collusion  with  imperialists"  aimed  at  "suppressing  the  national 


^The  United  States  does  not  have  diplomatic  relations  with  the  Dennocratic  People's  Republic 
of  Korea.  North  Korea  does  not  allow  representatives  of  foreign  governments,  journalists,  or 
other  invited  visitors  the  freedom  of  movement  that  would  enable  them  to  fully  assess  human 
rights  conditions  there.  This  repwrt  is  based  on  information  obtained  over  more  than  a  decade, 
updated  where  possible  by  information  drawn  from  recent  interviews,  reports,  and  other  docu- 
mentation. While  limited  in  detail,  this  information  is  nonetheless  indicative  of  the  human 
rights  situation  in  North  Korea  today. 


814 

liberation  struggle."  Some  prisoners  are  sentenced  to  death  for  such  ill-defined 
"crimes"  as  "ideological  divergence,"  "opposing  socialism,"  and  other 
"counterrevolutionary  crimes."  In  some  cases,  executions  reportedly  were  carried  out 
at  public  meetings  attended  by  workers,  students,  and  school  children.  Executions 
have  also  been  carried  out  before  assembled  inmates  at  places  of  detention.  Border 
guards  reportedly  have  orders  to  shoot-to-kill  potential  defectors  (see  Section  2.d.). 

Many  prisoners  reportedly  have  died  from  disease,  starvation,  or  exposure  (see 
Section  I.e.). 

Accordingto  unconfirmed  Japanese  and  South  Korean  press  reports,  several  sen- 
ior party  omcials  were  publicly  executed  in  September.  The  Kyodo  News  Network 
reported  that  Seo  Kwan  Hui,  Secretary  of  Agriculture  for  the  KWP,  and  17  other 
senior  ofiicials,  including  some  from  the  army  and  from  the  Kim  II  Sung  Socialist 
Youth  League,  were  executed  for  corruption  and  working  for  South  Korea.  The  press 
reports  added  that  500  other  senior  officials  were  sent  into  internal  exile. 

According  to  a  weekly  South  Korean  news  magazine,  there  were  at  least  20  public 
executions  during  the  year  either  for  economic  olTenses,  including  stealing  cattle  and 
electric  wire,  or  for  attempting  to  defect. 

b.  Disappearance. — The  Government  is  reportedly  responsible  for  such  cases.  Ac- 
cording to  defector  reports,  individuals  suspected  of  political  crimes  are  often  taken 
from  their  homes  by  state  security  officials  late  at  night  and  sent  directly,  without 
trial,  to  camps  for  political  prisoners.  There  have  also  been  reports  of  DPRK  involve- 
ment in  the  kidnaping  abroad  of  South  Koreans,  Japanese,  and  other  foreign  nation- 
als. The  Japanese  press  estimates  that,  over  the  last  30  years,  as  many  as  20  Japa- 
nese may  have  been  kidnaped  and  are  being  detained  in  North  Korea.  In  addition, 
several  cases  of  kidnaping,  hostage-taking,  and  other  acts  of  violence  apparently  in- 
tended to  intimidate  ethnic  Koreans  living  in  (Jhina  and  Russia  have  been  reported. 
For  example,  there  is  credible  evidence  that  North  Korea  may  have  been  involved 
in  the  abduction  of  a  South  Korean  citizen  working  in  China  as  a  missionary.  This 
missionary  subsequently  appeared  publicly  in  North  Korea  and  was  portrayed  as  a 
defector.  The  DPRK  denies  it  has  been  involved  in  kidnapings. 

In  November  the  South  Korean  (government  arrested  several  alleged  North  Ko- 
rean espionage  agents.  According  to  the  South  Korean  (jovemment's  report  on  its 
investigation,  those  arrested  claimed  that  three  South  Korean  high  school  students, 
missing  since  1978,  had  been  kidnaped  by  the  North  Korean  (jovemment  and 
trained  as  espionage  agents.  The  three  were  identified  as  Kim  Young  Nam,  who  dis- 
appeared from  Son  Yu  beach,  and  Yi  Myong  U  and  Hong  Kyun  Pyo,  both  of  whom 
disappeared  from  Hong  To  Island  beach.  According  to  those  arrested,  there  have 
been  several  other  kidnapings. 

Amnesty  International  (AI)  reports  detail  a  number  of  cases  of  disappearances  in- 
cluding that  of  Japanese  citizen  Shibata  Kozo  and  his  wife  Shin  Sung  Suk,  who  left 
Japan  in  1960  and  resettled  in  North  Korea.  Shibata  was  reportedly  arrested  in 
1962  aft^r  encouraging  a  demonstration  by  former  Japanese  residents  against  the 
poor  treatment  given  them.  In  1993  AI  claimed  that  he  was  still  in  custody,  and 
in  poor  health,  and  that  there  had  been  no  word  about  his  wife  and  three  children 
since  1965.  In  June  1995,  AI  was  informed  by  North  Korean  officials  that  Shibata 
Kozo,  his  wife,  and  children  had  died  in  a  train  accident  in  early  1990,  a  few  weeks 
after  he  was  released  from  nearly  30  years  in  prison.  However,  AI  reports  that 
Shibata  Kozo  was  still  in  custody  at  the  time  of  the  alleged  accident. 

In  a  case  cited  by  AI  in  1993,  North  Korean  officials  informed  Amnesty  in  April 
1995  that  Japanese  citizens  Cho  Ho  Pyong,  his  ethnic  Japanese  wife  Koike  Hideko, 
and  their  three  young  children  were  killed  in  1972  while  attempting  to  leave  the 
country.  The  authorities  told  AI  that  Cho  had  escaped  from  a  detention  center 
where  he  was  being  held  for  spying,  killing  a  guard  in  the  process. 

The  cases  of  three  ethnic  Korean  residents  of  Beijing,  China  (16,  18,  and  20  years 
of  age),  reported  by  AI  in  1995  to  have  been  taken  to  North  Korea  against  their 
will,  remained  unresolved.  The  three  were  taken  in  apparent  retaliation  for  criticism 
of  North  Korean  human  rights  violations  made  by  their  father,  a  former  prisoner 
in  North  Korea,  on  Japanese  television  and  in  the  Japanese  press.  The  North  Ko- 
rean authorities  deny  this  allegation,  claiming  that  the  three  brothers  had  been  de- 
ported to  North  Korea  for  bretOcing  Chinese  law,  and  that  they  are  now  living  with 
relatives. 

Numerous  reports  indicate  that  ordinary  citizens  are  not  allowed  to  mix  with  for- 
eign nationals,  and  AI  has  reported  that  a  number  of  North  Koreans  who  main- 
tained friendships  with  foreigners  have  disappeared.  In  at  least  one  case,  AI  re- 
ported that  a  citizen  who  had  disappeared  was  executed  for  maintaining  a  friend- 
ship with  a  Russian  national. 


815 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
While  there  is  no  information  on  recent  practices,  credible  reports  indicate  that  pris- 
oners are  mistreated  and  that  many  have  died  from  disease,  starvation,  or  exposure. 

IMson  conditions  are  harsh.  According  to  international  nongovernmental  organi- 
zations (NGO)  and  defector  sources,  whole  families,  including  children,  are  impris- 
oned together.  "Reeducation  through  labor"  is  common  punishment,  consisting  of 
forced  labor,  such  as  log^ng  and  tending  crops,  under  harsh  conditions.  A  small 
number  of  people  who  claim  to  have  escaped  from  detention  camps  report  that  star- 
vation and  executions  are  common.  In  one  prison,  clothing  was  reportedly  issued 
only  once  in  3  years.  Former  inmates  have  produced  photographs  of  an  inmate 
wearing  specially  designed  leg  irons  that  permit  walking  but  make  running  impos- 
sible. M  reports  the  existence  of  "punishment  cells,"  too  low  to  allow  standing  up- 
right and  too  small  for  lying  down  flat,  where  prisoners  are  kept  for  up  to  several 
weeks  for  breaking  prison  rules.  Visitors  to  North  Korea  report  observing  prisoners 
being  marched  in  leg  irons,  metal  collars,  or  shackles. 

Alrepresentatives  recently  were  permitted  to  visit  one  model  "rehabilitation  cen- 
ter," but  the  Government  does  not  normally  permit  inspection  of  prisons  by  human 
rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — There  are  no  restrictions  on  the  ability 
of  the  Government  to  detain  and  imprison  people  at  will  and  to  hold  them  incommu- 
nicado. 

Little  information  is  available  on  North  Korea's  criminal  iustice  procedures  and 
practices,  and  outside  observation  of  its  legal  system  has  oeen  limited  to  "show 
trials"  for  traflic  violations  and  other  minor  offenses. 

Family  members  and  other  concerned  persons  find  it  virtually  impossible  to  ob- 
tain information  on  charges  against  detained  persons.  Judicial  review  of  detentions 
does  not  exist  in  law  or  in  practice. 

Defectors  claim  that  North  Korea  detains  between  150,000  to  200,000  persons  for 
political  reasons,  sometimes  along  with  their  family  members,  in  maximum  security 
camps  in  remote  areas.  An  October  1992  report  by  two  former  inmates  made  ref- 
erence to  severe  living  conditions  in  what  they  called  "concentration  camps."  North 
Korean  officials  deny  the  existence  of  such  prison  camps  but  admit  that  there  are 
"education  centers"  for  people  who  "commit  crimes  by  mistake." 

One  credible  report  nsts  12  such  prison  camps  in  the  DPRK.  It  is  believed  that 
some  former  high  ofiicials  are  imprisoned  in  the  camps.  Visitors  formerly  were  al- 
lowed, but  currently  any  form  of  communication  with  detainees,  including  visitors, 
is  said  to  be  prohibited. 

South  Korean  newspapers  also  have  reported  that  family  members  of  North  Ko- 
rean defector  Hwang  Chang  Yop,  former  head  of  the  Juche  Research  Institute,  and 
a  senior  advisor  to  Kim  II  Song  and  Kim  Jong  II,  who  defected  to  South  Korea  in 
February,  were  either  under  house  arrest  or  incarcerated  in  political  prisons.  Some 
members  of  his  family,  however,  have  been  seen  by  visiting  foreigners. 

In  July  1991,  a  North  Korean  defector  who  had  been  a  ranking  official  in  the 
DPRK  Ministry  of  Public  Security  said  that  there  were  two  types  of  detention  areas. 
One  consists  of  closed  camps  where  conditions  are  extremely  harsh  and  from  which 
prisoners  never  emerge.  In  the  other,  prisoners  can  be  "rehabilitated." 

In  October  North  Korean  troops  seized  two  South  Korean  farmers  who  had  acci- 
dentally crossed  into  land  controlled  by  the  DPRK  inside  the  demilitarized  zone 
(DMZ)  between  North  Korean  and  South  Korean.  They  were  released  after  a  few 
days  after  apologizing  for  having  strayed  into  the  DMZ. 

The  Government  is  not  known  to  use  forced  exile  abroad.  However,  the  Govern- 
ment routinely  uses  forced  resettlement  and  has  relocated  many  tens  of  thousands 
of  people  from  Pyongyang  to  the  countryside.  There  are  also  reports  that  physically 
disabled  people  and  those  judged  to  be  politically  unreliable  have  been  sent  to  inter- 
nal exile  as  well.  Oft«n,  those  relocated  are  selected  on  the  basis  of  family  back- 
ground. Nonetheless,  there  is  some  evidence  that  class  background  is  less  important 
than  in  the  past  because  of  the  regime's  emphasis  on  the  solidarity  of  the  "popular 
masses,"  ana  "united  front"  efforts  with  overseas  Koreans. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  states  that  courts  are  independ- 
ent and  that  judicial  proceedings  are  to  be  carried  out  in  strict  accordance  with  the 
law;  however,  an  independent  judiciary  and  individual  rights  do  not  exist  in  the 
DPRK.  The  Public  Security  Ministry  dispenses  with  trials  in  political  cases  and  re- 
fers defendants  to  the  Ministry  of  State  Security  for  imposition  of  punishment. 

The  Constitution  contains  elaborate  procedural  protections  and  it  states  that 
cases  are  heard  in  public,  and  that  the  accused  has  the  right  to  a  defense;  hearings 
may  be  closed  to  the  public  as  stipulated  by  law.  When  trials  are  held,  lawyers  are 
apparently  assigned  by  the  Government.  Reports  indicate  that  defense  lawyers  are 
not  considered  representatives  of  the  accused;  rather,  they  are  expected  to  help  the 


816 

court  by  persuading  the  accused  to  confess  guilt.  Some  reports  note  a  distinction  be- 
tween those  accused  of  political  crimes  and  common  criminals  and  state  that  the 
Grovemment  affords  trials  or  lawyers  only  to  the  latter.  The  Government  considers 
critics  of  the  regime  to  be  "political  criminals." 

Numerous  reports  suggest  that  political  offenses  have  in  the  past  included  such 
behavior  as  sitting  on  newspapers  bearing  Kim  H  Bung's  picture,  or  (in  the  case  of 
a  professor  reportedly  sentenced  to  work  as  a  laborer)  noting  in  class  that  Kim  D 
Sung  had  received  little  formal  education.  The  KWP  has  a  special  regulation  pro- 
tecting the  images  of  Kim  II  Sung  and  Kim  Jong  D.  All  North  Koreans  are  requu-ed 
by  this  regulation  to  protect  from  damage  any  likeness  of  the  two  Kim's.  Beginning 
in  the  1970's,  the  "10  Great  Principles  of  Unique  Ideology"  directed  that  anyone  who 
tore  or  otherwise  defaced  a  newspaper  photo  of  either  of  the  two  Kim's  was  des- 
ignated a  political  criminal  and  punishea  as  such.  North  Korean  defectors  have  re- 
ported families  being  punished  because  children  had  accidentally  defaced  photo- 
graphs of  one  of  the  two  Kim's.  Families  must  display  pictures  of  the  two  Kim's  in 
tneir  homes,  and  must  keep  them  clean.  Local  party  officials  have  conducted  unan- 
nounced inspections  once  a  month,  and  if  the  inspectors  found  the  family  had  ne- 
glected its  pnotos,  the  punishment  was  to  write  self-criticism  throughout  an  entire 
year. 

A  foreigner  hired  to  work  on  foreign  broadcasts  for  the  regime  was  imprisoned  for 
1  year  without  trial  for  criticizing  the  quality  of  the  regime's  foreign  propaganda. 
He  was  then  imprisoned  for  6  more  years  (with  trial)  shortly  after  his  release  for 
claiming  in  a  private  conversation  that  his  original  imprisonment  was  unjust.  While 
AI  has  listed  58  political  prisoners  by  name,  the  total  number  of  political  prisoners 
being  held  is  much  larger.  Several  defectors  and  former  inmates  reported  that  the 
total  figure  is  approximately  150,000,  while  South  Korean  authorities  said  the  total 
figure  is  about  200,000. 

The  South  Korean  Ministry  of  National  Unification,  reported  to  its  National  As- 
sembly on  October  2  that  North  Korea  had  more  than  200,000  political  prisoners 
in  camps  where  many  have  frozen  or  starved  to  death,  and  that  famine  may  have 
worsened  conditions.  The  report  went  on  to  describe  the  camps  as  having  no  elec- 
tricity or  heating  facilities.  The  report  claimed  that  those  who  attempted  to  escape 
were  executed  immediately.  Most  camps  are  located  in  remote  mountain  or  mining 
areas.  Some  reports  indicated  an  increase  in  the  number  of  political  prisoners  as 
North  Koreans  nad  begun  to  complain  more  openly  about  the  failure  of  the  (jovem- 
ment's  economic  policies. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  person  and  residence  and  the  privacy 
of  correspondence,  but  the  Government  does  not  respect  these  provisions  in  practice. 
The  regime  subjects  its  citizens  to  rigid  controls.  The  state  leadership  perceives 
most  international  norms  of  human  rights,  and  especially  individual  rights,  as  alien 
social  artifacts  subversive  to  the  goals  of  the  State  and  party.  The  Government  re- 
lies upon  an  extensive,  multilevel  system  of  informers  to  identify  critics  and  poten- 
tial troublemakers.  Whole  communities  are  sometimes  subjected  to  massive  security 
checks.  According  to  Kim  Jong  II,  North  Korean  society  represents  "a  new  way  of 
thinking"  that  cannot  be  evaluated  on  the  basis  of  "old  yardsticks"  of  human  rights 
imported  from  abroad.  In  this  context,  the  DPRK  celebrates  the  closed  nature  oT  its 
society.  The  possession  of  "reactionary  material"  and  listening  to  foreign  broadcasts 
are  both  considered  crimes  that  may  subject  the  transgressor  to  harsh  punishments. 
In  some  cases,  entire  families  are  punished  for  alleged  political  offenses  committed 
by  one  member  of  the  family.  For  example.  North  Korean  defectors  have  reported 
families  being  punished  because  children  had  accidentally  defaced  photographs  of 
one  of  the  two  Kim's.  Families  must  display  pictures  of  the  two  Kim's  in  their 
homes,  and  must  keep  them  clean.  Local  party  officials  have  conducted  unan- 
nounced inspections  once  a  month,  and  if  the  inspectors  found  the  family  had  ne- 
glected its  pnotos,  the  punishment  was  to  write  self-criticism  throughout  an  entire 
year  (see  Section  I.e.). 

The  Constitution  provides  for  the  right  to  petition.  However,  when  an  anonjonous 

getition  or  complaint  about  state  aoministration  is  submitted,  the  Ministries  of 
tate  Security  and  Public  Safety  seek  to  identify  the  author  through  hand-writing 
analysis.  The  suspected  individual  may  be  subjected  to  a  thorough  investigation  and 
punishment. 

The  regime  justifies  its  dictatorship  with  aivuments  derived  from  concepts  of  col- 
lective consciousness  and  the  superiority  of  the  collective  over  the  individual,  ap- 
peals to  nationalism,  and  citations  of  'the  juche  idea."  The  North  Koreans  empha- 
size that  the  core  concept  of  juche  is  "the  ability  to  act  independently  without  regard 
to  outside  interference.  Originally  described  as  "a  creative  application  of  Marxism- 
Leninism"  in  the  Korean  context,  juche  is  a  malleable  philosophy  reinterpreted  from 


817 

time  to  time  bv  the  re^me  as  its  ideological  needs  change  and  used  by  the  regime 
as  a  "spiritual   underpinning  for  its  rule. 

As  defined  by  Kim  II  Sung,  juche  is  a  quasi-mystical  concept  in  which  the  collec- 
tive will  of  the  people  is  distilled  into  a  supreme  leader  whose  every  act  exemplifies 
the  State  and  society's  needs.  Opposition  to  such  a  leader,  or  to  the  rules,  regula- 
tions, andgoals  established  by  his  regime,  is  thus  in  itself  opposition  to  the  national 
interest.  The  regime  therefore  claims  a  socifd  interest  in  identifying  and  isolating 
all  opposition. 

Since  the  late  1950's  the  regime  has  divided  society  into  three  main  classes: 
"core,"  "wavering,"  and  "hostile.  These  3  classes  are  farther  subdivided  into  subcat- 
egories based  on  perceived  loyalty  to  the  party  and  the  leadership.  Security  ratings 
are  assi^ed  to  each  individual;  according  to  some  estimates,  nearly  half  oi  the  pop- 
ulation 18  designated  as  either  "wavering"  or  "hostUe."  These  loyalty  ratings  deter- 
mine access  to  employment,  hirfier  education,  place  of  residence,  medical  facilities, 
and  certain  stores.  They  also  sinect  the  severity  of  punishment  in  the  case  of  legal 
infractions.  While  there  are  signs  that  this  ri^d  system  has  been  relaxed  somewhat 
in  recent  years — for  example,  children  of  religious  practioners  are  no  longer  auto- 
matically barred  from  higher  education — it  remains  a  basic  element  of  North  Korean 
society. 

Citizens  with  relatives  who  fled  to  South  Korea  at  the  time  of  the  Korean  War 
appear  still  to  be  classified  as  part  of  the  "hostile  class"  in  the  DPRK's  elaborate 
loyalty  system.  This  subcategory  alone  encompasses  a  significant  percentage  of  the 
North  Korean  population.  One  defector  estimated  that  the  class  of  those  considered 
potentially  hostile  may  comprise  25  to  30  percent  of  the  population;  others  place  the 
ngure  at  closer  to  20  percent.  Members  of  this  class  are  still  subject  to  discrimina- 
tion, although  a  defector  has  claimed  that  their  treatment  has  improved  greatly  in 
recent  years. 

The  authorities  subject  citizens  of  all  age  groups  and  occupations  to  intensive  po- 
litical and  ideological  indoctrination.  Even  after  Kim  II  Sung's  death,  his  cult  of  per- 
sonality and  the  glorification  of  his  family  and  the  official  juche  ideology  remained 
omnipresent.  The  cult  approaches  the  level  of  a  state  religion. 

The  goal  of  indoctrination  remains  to  ensure  loyalty  to  the  system  and  leadership, 
as  well  as  conformity  to  the  State's  ideology  and  authority.  The  necessity  for  the 
intensification  of  such  indoctrination  is  repeatedly  stressed  in  the  writings  of  Kim 
Jong  II,  who  attributes  the  collapse  of  the  Soviet  Union  largely  to  insufficient  ideo- 
logical indoctrination,  compounded  by  the  entry  of  foreign  influences. 

Indoctrination  is  carried  out  systematically,  not  only  through  the  mass  media,  but 
also  in  schools  and  through  worker  and  neighborhood  associations.  Kim  Jong  II  has 
stated  that  ideological  education  must  take  precedence  over  academic  education  in 
the  nation's  schools,  and  he  has  also  called  for  the  intensification  of  mandatory  ideo- 
losncal  study  and  discussion  sessions  for  adult  workers. 

The  Nodong  Shinmun  newspaper  announced  that  the  class  indoctrination  pro- 
gram would  be  intensified  after  October  8,  when  Kim  Jong  II  assumed  the  office  of 
General  Secretary  of  the  KWP.  The  program  was  being  administered  by  the  KWFs 
basic-level  organizations  in  all  areas  of  the  country.  The  program  stressed  two 

Soints:  That  the  Kim  Jong  II  leadership  blesses  the  Korean  people,  and  that  the 
forth  Korean  people  must  do  their  best  for  the  economy. 

Another  aspect  of  the  State's  indoctrination  system  is  the  use  of  mass  marches, 
rallies,  and  staged  performances,  sometimes  involving  hundreds  of  thousands  of  peo- 
ple. Celebrations  of  the  50th  anniversary  of  the  founding  of  the  KWP  included  hours 
of  carefiilly  choreographed  demonstration  of  mass  adulation  of  the  leadership,  re- 
portedly involving  virtually  the  entire  population  of  Pyongyang  and  outlying  com- 
munities. Foreign  visitors  have  been  told  that  nonparticipation  by  Pyongyang  resi- 
dents in  this  event  was  unthinkable. 

The  Government  monitors  correspondence  and  telephones.  Telephones  essentially 
are  restricted  to  domestic  operation  although  some  international  service  is  available 
on  a  very  restricted  basis. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^Articles  of  the  Constitution  that  require  citizens 
to  follow  "Socialist  norms  of  life"  and  to  obey  a  "collective  spirit"  take  precedence 
over  individual  political  or  civil  liberties.  Although  the  Constitution  provides  for 
freedom  of  speech  and  the  press,  the  Government  prohibits  the  exercise  of  these 
rigjits  in  practice.  The  regime  permits  only  activities  that  support  its  objectives. 

The  Government  strictly  curtails  freedom  of  expression.  The  authorities  may  pun- 
ish persons  for  criticizing  the  regime  or  its  policies  by  imprisonment  or  "corrective 
labor."  One  defector  reported  in  1986  that  a  scientist,  whose  home  was  bugged 
through  his  radio  set,  was  arrested  and  executed  for  statements  made  at  home  criti- 


818 

cal  of  Kim  II  Sung.  In  another  case,  AI  reports  that  a  family  formerly  resident  in 
Japan  was  sent  to  a  "reeducation -through-labor^  center  because  one  member  of  the 
family  allegedly  made  remarics  disparaging  the  Government. 

The  Government  attempts  to  control  all  information.  It  carefully  manages  the  vis- 
its of  Western  journalists.  In  July  1996,  the  Cable  News  Networic  was  allowed  to 
broadcast  live,  unedited  coverage  of  the  2nd  year  memorial  service  for  the  death  of 
Kim  D  Sung.  The  regime  recently  has  allowed  foreign  journalists  to  report  on  the 
food  situation.  Foreign  journalists  also  were  allowed  to  cover  the  Korean  Peninsula 
EncTvy  Development  Oi^anization  (KEDO)  light-water  reactor  groundbreaking  at 
Kumno  in  August.  Although  more  foreign  journalists  have  been  allowed  into  North 
Korea,  the  Government  still  maintains  the  strictest  control  over  the  movements  of 
foreign  visitors.  Domestic  media  censorship  is  strictly  enforced,  and  no  deviation 
from  the  official  government  line  is  tolerated. 

The  regime  prohibits  listening  to  foreign  media  broadcasts  except  by  the  political 
elite,  and  violators  are  subject  to  severe  punishment.  Radios  and  television  sets  are 
built  to  receive  only  domestic  programming;  radios  obtained  from  abroad  must  be 
submitted  for  alteration  to  operate  in  a  similar  manner.  Private  telephone  lines  op- 
erate on  an  internal  system  that  prevents  making  and  receiving  calls  from  outsioe 
the  country.  International  phone  lines  are  available  under  very  restricted  cir- 
cumstances. The  Government  has  set  up  an  Internet  web  site,  based  in  Tokyo,  for 
propaganda  purposes.  There  may  be  very  limited  Internet  access  in  North  Korea  for 
government  officials,  according  to  recent  reports. 

Late  in  the  year,  the  Government  publisned  threats  against  South  Korean  media 
for  criticizing  the  North  Korean  leadership.  The  first  instance  was  in  response  to 
a  South  Korean  newspaper  editorial;  the  second  in  reaction  to  a  television  drama 
about  life  in  North  Korea. 

The  Government  severely  restricts  academic  freedom  and  controls  artistic  and 
academic  works.  Visitors  report  that  one  of  the  primary  functions  of  plays,  movies, 
operas,  children's  performances,  and  books  is  to  contribute  to  the  cult  of  personality 
surrounding  Kim  11  Sung  and  Kim  Jong  II. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — ^Although  the  Constitution  pro- 
vides for  freedom  of  assembly,  the  Government  does  not  respect  this  provision  in 
practice.  The  Government  prohibits  any  public  meetings  without  authorization. 

Although  the  Constitution  provides  for  freedom  of  association,  the  Government 
does  not  respect  this  provision  in  practice.  There  are  no  known  organizations  other 
than  those  created  by  the  Government.  Professional  associations  exist  primarily  as 
a  means  of  government  monitoring  and  control  over  the  members  of  these  oi^aniza- 
tions. 

c.  Freedom  of  Religion. — The  1992  Constitution  provides  for  the  "freedom  of  reli- 
gious belief,"  including  "the  right  to  build  buildings  for  religious  use."  However,  the 
same  article  adds  that  "no  one  can  use  religion  as  a  means  to  drag  in  foreign  pow- 
ers" or  to  disrupt  the  social  order.  In  practice,  the  regime  discourages  all  organized 
religious  activity  except  that  which  serves  the  interests  of  the  State. 

In  recent  years,  the  regime  has  allowed  the  formation  of  several  government-spon- 
sored religious  organizations.  These  serve  as  interlocutors  with  foreign  church 
groups  and  international  aid  organizations.  Some  foreigners  who  have  met  with  rep- 
resentatives of  these  organizations  are  convinced  that  they  are  sincere  believers; 
others  claim  that  they  appeared  to  know  little  about  religious  dogma,  liturgy,  or 
teaching. 

There  are  a  few  Buddhist  temples  where  religious  activity  is  permitted,  and  three 
Christian  churches — two  Protestant  and  one  Catholic — have  been  opened  since  1988 
in  Pyongyang.  Many  visitors  say  that  church  activity  appears  staged.  Foreign  Chris- 
tians who  have  attempted  to  attend  services  at  these  churches  without  making  prior 
arrangements  with  the  authorities  report  finding  them  locked  and  unattended,  even 
on  Easter  Sunday. 

The  DPRK  claims  that  there  are  10,000  Christians  who  worship  in  500  house 
churches,  and  the  Chondogyo  Young  Friends  Party,  a  government-sponsored  group 
based  on  a  native  Korean  religious  movement,  is  still  in  existence.  The  authorities 
have  told  foreign  visitors  that  one  Protestant  seminary  exists,  accepting  six  to  nine 
pupils  every  3  years. 

a.  Freedom,  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— In  the  past,  the  regime  has  strictly  controlled  internal  travel,  requiring 
a  travel  pass  for  any  movement  outside  one's  home  village.  These  passes  were 
granted  only  for  official  travel  or  attendance  at  a  relative's  wedding  or  funeral.  Long 
delays  in  obtaining  the  necessary  permit  often  resulted  in  denial  of  the  right  to  trav- 
el even  for  these  limited  purposes.  Recently  it  appears  that  the  internal  controls  on 
travel  have  eased  or  broken  down  somewhat.  There  are  reports  of  significant  move- 
ment of  people  traveling  across  the  country  in  search  of  lood.  Only  members  of  a 


819 

very  small  elite  have  vehicles  for  personal  use.  The  regime  tightly  controls  access 
to  civilian  aircraft,  treuns,  buses,  food,  and  fuel. 

Reports,  primarily  from  defectors,  indicate  that  the  Government  routinely  uses 
forced  resettlement,  particularly  for  those  deemed  politically  unreliable.  The  Gov- 
ernment strictly  controls  permission  to  reside  in,  or  even  enter,  Pyongyang.  This  is 
a  significant  lever,  since  food,  housing,  health,  and  general  living  conditions  are 
much  better  in  Pyongyang  than  in  the  rest  of  the  country. 

Amnesty  International  nas  reported  serious  human  rights  abuses  involving  North 
Korean  workers  working  in  the  Far  Eastern  portion  of  Russia,  and  North  Korean 
refugees  living  in  Russia.  There  are  currently  about  6,000  DPRK  workers  in  camps 
in  the  Russian  Far  East  engaged  in  farming,  mining,  and  construction.  Conditions 
in  these  North  Korean-run  camps  are  harsh;  food  is  scarce;  and  discipline  is  severe. 
In  the  past,  there  have  been  allegations  that  discipline  includes  physical  torture 
such  as  placing  wooden  logs  between  the  knees  of  offenders,  after  which  they  were 
forced  to  sit  down,  causing  excruciating  pain.  In  recent  years,  offenders  have  been 
sent  back  to  the  DPRK  for  punishment  due  to  the  increased  scrutiny  that  the  labor 
camps  have  been  under  since  Russian  and  foreign  media  began  reporting  on  the 
conditions  in  these  camps  in  the  early  1990's. 

North  Korean  refugees  in  Russia  comprise  two  groups:  Those  who  were  selected 
to  woric  in  Russia  but  refused  to  return  to  the  DPRK,  and  those  who  have  fled  into 
Russia  from  the  DPRK.  Until  1993  under  a  "secret  protocol,"  the  DPRK  Public  Secu- 
rity Service  reportedly  was  allowed  to  work  inside  Russia  to  track  down  workers 
who  fled  the  camps.  Since  1993  many  North  Korean  refugees  have  been  engaged 
in  business  in  the  Russian  Far  East. 

Many  North  Korean  refugees  in  Russia  face  severe  hardships  due  to  their  lack 
of  any  identification.  Workers  arriving  in  Russia  usually  have  their  passport  and 
other  identification  confiscated  bv  North  Korean  border  guards.  Once  they  leave  the 
camps,  many  refugees  assume  false  identities  to  protect  their  relatives  in  the  DPRK. 

The  DPRK  Government  reportedly  tried  to  prevent  defections  in  Russia  by  using 
diplomatic  channels  to  influence  Russian  authorities  and  international  organiza- 
tions. In  a  number  of  cases,  North  Korean  authorities  reportedly  told  Russian  au- 
thorities that  a  particular  North  Korean  who  had  appliea  for  asylum  in  Russia  or 
elsewhere  was  a  criminal  offender  in  North  Korea.  An  extradition  treaty  signed  by 
both  nations  in  1957  requires  that  defectors  with  criminal  records  be  returned  to 
their  country. 

The  regime  limits  foreign  travel  to  officials  and  trusted  artists,  athletes,  academ- 
ics, and  religious  figures.  It  does  not  allow  emigration.  In  recent  years,  there  are 
Eersistent  reports  of  a  steady  increase  in  North  Korean  defectors  arriving  in  China, 
long  Kong,  Vietnam,  and  other  Asian  countries.  The  regime  reportedly  retaliates 
harshly  against  the  relatives  of  those  who  manage  to  escape.  According  to  the  Penal 
Code,  defection  and  attempted  defection  (including  the  attempt  to  gain  entry  to  a 
foreign  embassy  for  the  purpose  of  seeking  political  asylum)  are  capital  crimes.  De- 
fectors have  stated  that  DPRK  border  guards  have  received  shoot-to-kill  orders 
against  potential  defectors  attempting  to  cross  the  border  into  China.  Other  defec- 
tors have  reported  that  some  defectors  who  have  been  involuntarily  returned  have 
been  executed  (see  Section  l.a.).  Following  the  collapse  of  European  communism,  the 
regime  pulled  back  several  thousand  students  from  overseas.  It  no  longer  allows  stu- 
dents to  study  abroad  except  in  China  and  a  few  other  places. 

According  to  South  Korean  media  accounts,  the  DPRK  increased  controls  over  the 
population  when  Hwang  Chang  Yop  defected  in  February. 

From  1959  to  1982,  93,000  Korean  residents  of  Japan,  including  6,637  Japanese 
wives,  voluntarily  repatriated  to  North  Korea.  Despite  DPRK  assurances  that  the 
wives,  more  than  a  third  of  whom  still  had  Japanese  citizenship,  would  be  allowed 
to  visit  Japan  every  2  or  3  years,  none  were  permitted  to  do  so  until  1997.  Many 
have  not  bieen  heard  from,  and  their  relatives  and  friends  in  Japan  have  been  un- 
successful in  their  efforts  to  gain  information  about  their  condition  and  where- 
abouts. 

The  DPRK  and  the  (jovemment  of  Japan  held  a  series  of  bilateral  meetings  in 
Beijing  in  the  second  half  of  1997,  during  which  the  DPRK  agreed  to  allow  some 
Jananese  wives  resident  in  North  Korea  to  visit  Japan.  The  first  such  visit  occurred 
in  November  when  15  Japanese  wives  arrived  for  a  1-week  visit. 

Although  the  DPRK  has  permitted  an  increasing  number  of  overseas  Korean  resi- 
dents of  North  America,  Japan,  China,  and  other  countries  to  visit  their  relatives 
in  North  Korea  over  the  past  decade,  most  requests  for  such  visits  are  still  denied. 
Many  foreign  visitors  to  the  April  1995  International  Pyongyang  Sports  Festival  re- 
ported that  they  were  denied  permission  to  visit  or  otherwise  contact  their  relatives, 
even  those  who  lived  only  a  few  miles  from  Pyongyang. 


820 

Although  the  DPRK  is  a  member  of  the  United  Nations,  it  does  not  participate 
in  international  refugee  forums,  and  it  is  not  in  contact  with  the  U.N.  High  Com- 
missioner for  Refugees.  There  is  no  known  policy  or  provision  for  first  asylum. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  no  right  or  mechanisms  to  change  their  leadership  or  government. 
The  political  system  is  completely  dominated  by  the  KWP,  with  Kim  D  Bung's  heir 
Kim  Jong  II  in  full  control.  There  is  very  little  reliable  information  available  on 
intraregime  politics  following  Kim  II  Bung's  death.  The  legislature,  the  Supreme 
People's  Assembly,  which  meets  only  a  few  days  a  year,  serves  only  to  rubber-stamp 
resolutions  presented  to  it  by  the  party  leadership.  In  October  Kim  Jong  D  acceded 
to  the  position  of  General  Secretary  of  the  Korean  Worker's  Party.  He  nas  not  as- 
sumed the  title  of  President  of  the  DPRK. 

In  an  efibrt  to  give  the  appearance  of  democracy,  the  DPRK  has  created  several 
"minority  parties.  Lacking  grassroots  organizations,  they  exist  onlv  as  rosters  of  of- 
ficials with  token  representation  in  the  iSupreme  People  s  Assembly.  Their  primary 
{mrpose  appears  to  be  promoting  government  objectives  abroad  as  touring  par- 
iamentarians.  Free  elections  do  not  exist,  and  Kim  Jong  II  has  criticized  the  concept 
of  free  elections  and  competition  among  political  parties  as  an  artifact  of  capitalist 
decay. 

Elections  to  the  Supreme  People's  Assembly  and  to  provincial,  city,  and  county  as- 
semblies are  held  irregularly.  In  all  cases  there  is  only  one  government-approved 
candidate  in  each  electoral  district.  According  to  the  media,  over  99  percent  of  the 
voters  turn  out  to  elect  100  percent  of  the  candidates  approved  by  the  KWP.  The 
vast  majority  of  the  KWPs  estimated  3  million  members  (in  a  population  of  23  mil- 
lion) work  to  implement  decrees  formulated  by  the  party's  small  elite. 

Few  women  have  reached  high  levels  of  the  party  or  the  Government. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  does  not  permit  any  independent  domestic  organizations  to  mon- 
itor human  rights  conditions  or  to  comment  on  violations  of  such  rights.  Although 
a  North  Korean  Human  Rights  Committee  was  established  in  1992,  it  denies  the 
existence  of  any  human  rignts  violations  in  North  Korea  and  is  merely  a  propa- 
ganda arm  of  the  regime.  I^wever,  by  offering  international  human  rights  organiza- 
tions an  identifiable  ofiicial  interlocutor,  the  Committee  has  helped  increase  their 
ability  to  enter  into  two-way  communication  with  the  regime. 

In  April  1996,  a  delegation  from  AI  visited  the  DPRK  and  discussed  legal  reforms 
and  prisoner  cases  with  senior  government  officials.  The  Government  has  ignored 
requests  for  visits  by  other  international  human  rights  organizations. 

6n  August  22,  the  U.N.  Subcommission  on  Prevention  of  Discrimination  and  Pro- 
tection of  Minorities  adopted  a  resolution  criticizing  the  DPRK  for  its  human  rights 
{iractices.  On  August  27,  the  DPRK  announced  that  it  would  withdraw  from  the 
ntemational  Covenant  on  Civil  and  Political  Rights  (ICCPR),  calling  the  resolution 
an  attack  on  its  sovereignty.  On  October  29,  the  U.N.  Human  Rignts  Committee, 
during  its  61st  session,  issued  a  statement  criticizing  the  attempt  oy  North  Korea 
to  withdraw  from  the  ICCPR. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  grants  equal  rights  to  all  citizens.  However,  in  practice  the  Gov- 
ernment denies  its  citizens  most  rundamental  human  rights.  There  was  pervasive 
discrimination  on  the  basis  of  social  status. 

Women. — There  is  no  information  available  on  violence  against  women. 

The  Constitution  states  that  "women  hold  equal  social  status  and  rights  with 
men."  However,  although  women  are  represented  proportionally  in  the  labor  force, 
few  women  have  reached  high  levels  of  the  party  or  the  Government.  In  many  small 
factories,  the  woric  force  is  predominantly  female.  Like  men,  working-age  women 
must  work.  They  are  thus  required  to  leave  their  preschool  children  in  the  care  of 
elderly  relatives  or  in  state  nurseries.  However,  according  to  the  Constitution, 
women  with  large  families  are  guaranteed  shortened  working  hours. 

Children. — Social  norms  refiect  traditional,  family-centered  values  in  which  chil- 
dren are  cherished.  The  State  provides  compulsory  education  for  all  children  until 
the  age  of  15.  Information  about  societal  or  familial  abuse  of  children  is  unavailable. 
Some  children  are  denied  educational  opportunities  and  subjected  to  other  punish- 
ments and  disadvantages  as  a  result  of  the  loyalty  classification  system  and  the 
principle  of  "collective  retribution"  for  the  transgressions  of  their  parents  (see  Sec- 
tion l.f.). 


821 

Like  others  in  society,  children  are  the  object  of  intense  political  indoctrination; 
even  mathematics  textbooks  propound  the  party  line.  In  addition,  foreign  visitors 
and  academic  sources  report  that  children  from  an  early  age  are  subjectea  to  several 
hours  a  week  of  mandatory  military  training  and  indoctrination  at  their  schools. 
School  children  are  sometimes  sent  to  work  in  factories  or  in  the  fields  for  short  pe- 
riods to  assist  in  completing  special  projects  or  in  meeting  production  goals. 

In  February  1996,  the  DPRK  submitted  to  the  U.N.  Committee  on  the  Rights  of 
Children  a  document  spelling  out  the  DPRK's  adherence  to  the  Intemationw  Con- 
vention on  the  Ridits  of  the  Child.  Although  this  document  detailed  the  supposed 
civil  and  other  rights  of  children,  in  practice  children  in  the  DPRK  do  not  enjoy  any 
more  civil  liberties  than  do  adults. 

In  August  a  senior  United  Nations  Children's  Fund  (UNICEF)  official  stated  that 
about  80,000  children  in  North  Korea  were  in  immediate  danger  of  dying  from  hun- 

ffer  and  disease,  800,000  more  were  suffering  from  malnutrition  to  a  serious  but 
esser  degree. 

People  With  Disabilities. — Traditional  social  norms  condone  discrimination  against 
the  physically  disabled.  Disabled  persons  are  almost  never  seen  within  the  city  lim- 
its of  Pyongyang,  and  several  defectors  and  other  former  North  Korea  residents  re- 
port that  (usabfed  persons  are  routinely  assigned  to  the  naral  areas.  According  to 
one  report,  authorities  check  every  2  to  3  years  in  the  capital  for  persons  with  de- 
formities and  relocate  them  to  special  facilities  in  the  countryside.  There  are  no  le- 
gally mandated  provisions  for  accessibility  to  buildings  or  government  services  for 
the  disabled. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Nongovernmental  labor  unions  do  not  exist.  The 
KWP  purports  to  represent  the  interests  of  all  labor.  There  is  a  single  labor  organi- 
zation, the  General  Federation  of  Trade  Unions  of  Korea,  which  is  affiliated  with 
the  formerly  Soviet-controlled  World  Federation  of  Trade  Unions.  Operating  under 
this  umbrella,  unions  function  on  the  classic  "Stalinist  model,"  with  responsibility 
for  mobilizing  workers  behind  production  goals  and  for  providing  health,  education, 
cultural,  and  welfare  facilities.  Unions  do  not  have  the  right  to  strike. 

North  Korea  is  not  a  member  of,  but  has  observer  status  with,  the  International 
Labor  Organization. 

b.  The  night  to  Organize  and  Bargain  Collectively. — Workers  have  no  right  to  or- 
ganize or  to  bargain  collectively.  Wages  are  set  by  government  ministries.  The  State 
assigns  all  jobs.  Ideological  purity  is  as  important  as  professional  competence  in  de- 
ciding who  receives  a  particular  job,  and  foreign  companies  that  have  established 
ioint  ventures  report  that  all  their  employees  must  be  hired  from  lists  submitted 
by  the  KWP.  Factory  and  farm  workers  are  organized  into  councils,  which  do  have 
an  impeict  on  management  decisions. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — There  is  no  prohibition  on  the  use 
of  forced  or  compulsory  labor,  and  the  Government  frequently  mobilizes  the  popu- 
lation for  construction  projects.  Military  conscripts  are  also  routinely  used  for  tnis 
purpose.  "Reformatory  labor"  and  "reeducation  through  labor"  are  common  punish- 
ments for  political  oflenses.  AI  reports  that  forced  labor,  such  as  lo^ng  and  tending 
crops,  is  conmion  among  prisoners.  School  children  are  assigned  to  factories  or  farms 
for  short  periods  to  help  meet  production  goals  (see  Section  5). 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^According 
to  the  Constitution,  the  State  prohibits  work  by  children  under  the  age  of  16  years. 
As  education  is  universal  and  mandatory  until  the  age  of  15,  it  is  believed  that  this 
regulation  is  enforced.  There  is  no  prohibition  on  forced  labor  by  children,  and 
school  children  are  assigned  to  factories  or  farms  for  short  periods  to  help  meet  pro- 
duction goals  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  Constitution  states  that  all  working-age 
citizens  must  work  and  "strictly  observe  labor  discipline  and  working  hours.  The 
Penal  Code  states  that  anyone  who  hampers  the  nation's  industry,  commerce,  or 
transportation  by  intentionally  failing  to  carry  out  a  specific  assignment  "while  pre- 
tending to  be  functioning  normally"  is  subject  to  the  death  penalty;  it  also  states 
that  anyone  who  "shoddily  caries  out"  an  assigned  duty  is  subject  to  no  less  than 
5  years'  imprisonment. 

Even  persistent  tardiness  may  be  defined  as  "anti-Socialist  wrecking"  under  these 
articles,  although  as  a  result  of  food  shortages  absenteeism  has  reportedly  become 
widespread  as  more  time  must  be  spent  finding  food.  A  DPRK  official  described  the 
North  Korean  labor  force  to  an  audience  of  foreign  business  executives  by  noting 
that  "there  are  no  riots,  no  strikes,  and  no  differences  of  opinion"  with  management. 

The  minimum  wage  for  workers  in  North  Korea's  Free  Economic  and  Trade  Zone 
(FETZ)  is  $80  (about  168  won)  a  month;  in  foreign-owned  and  joint  venture  enter- 


822 

prises  outside  the  FETZ  the  minimum  wage  is  reportedly  $110  (about  231  won)  per 
month;  no  data  is  available  on  the  minimum  wage  in  state-owned  industries.  The 
Korean  Peninsula  Energy  Development  Organization  (KEDO,  the  international  or- 
ganization charged  with  implementation  of  the  light-water  reactor  and  other 
projects)  has  concluded  a  series  of  protocols  concemmg  wages  and  other  working 
conditions  for  North  Koreans  who  are  to  work  on  KEDO  projects.  Unskilled  laborers 
are  to  receive  $110  (about  231  won)  a  month;  skilled  labor  pay  has  not  been  decided. 
Until  the  increasing  food  shortages  of  recent  years,  wages  and  rations  appeared  to 
be  adequate  to  support  workers  and  their  families  at  a  subsistence  level.  Wages  are 
not  the  primary  form  of  compensation  since  the  State  provides  all  educational  and 
medical  needs  free  of  charge,  while  most  goods  are  distributed  according  to  a  ration- 
ing system,  and  only  token  rent  is  charged. 

In  1994  new  labor  regulations  for  enterprises  involving  foreign  investments  were 
reportedly  adopted  by  the  Administration  Council.  The  regulations  on  labor  con- 
tracts set  out  provisions  on  the  employment  and  dismissal  of  workers,  technical 
training,  workhours,  rest  periods,  remuneration,  labor  protection,  social  security, 
fines  for  violations  of  regulations,  and  settlement  of  disputes.  KEDO  has  concluded 
a  comprehensive  set  of  protocols  governing  working  conditions  for  its  North  Korean 
workers. 

The  Constitution  stipulates  an  8-hour  workday;  however,  several  sources  report 
that  most  laborers  wonc  12  to  16  hours  daily.  Some  of  this  additional  time  may  rep- 
resent mandatory  study  of  the  writings  of  Kim  D  Sung  and  Kim  Jong  II.  The  Con- 
stitution provides  all  citizens  with  a  'right  to  rest,"  including  paid  leave,  holidays, 
and  access  to  sanitariums  and  rest  homes  funded  at  public  expense.  Many  worksites 
are  hazardous,  and  the  rate  of  industrial  accidents  is  high. 


REPUBLIC  OF  KOREA 

The  Republic  of  Korea  is  governed  by  a  directly  elected  president  and  a  unicam- 
eral legislature  selected  by  bath  direct  and  proportional  voting.  Kim  Dae  Jung  was 
elected  president  in  a  free  and  fair  election  in  December.  The  judiciary  operates 
independently  of  the  executive  branch. 

Responsibility  for  maintaining  internal  security  lies  with  the  National  Security 
Planning  Agency  (NSP),  the  Korean  National  Police  (KNP),  and  the  Defense  Secu- 
rity Command  (DSC).  Legislation  passed  in  1993  restricts  the  NSP  and  DSC  from 
interfering  in  domestic  politics  ana  grants  the  NSP  investigative  authority  only  in 
cases  involving  terrorism,  espionage,  and  international  crime  organizations.  The 
Government  revised  this  law  in  1996  to  allow  the  NSP  to  investigate  members  of 
domestic  organizations  that  are  viewed  as  supporting  the  North  Korean  (jovem- 
ment.  There  continued  to  be  credible  reports  that  some  members  of  the  security 
forces  were  responsible  for  occasional  human  rights  abuses. 

After  a  period  of  sustained  growth  averaging  about  9  percent  per  year,  the  econ- 
omy slowed  somewhat,  with  1997  growth  in  gross  domestic  product  projected  at 
around  6  percent.  By  the  end  of  the  year  the  country  had  entered  into  a  severe  fi- 
nancial crisis  as  foreign  exchange  reserves  were  inadequate  to  meet  short  term  obli- 
gations, and  a  number  of  major  private  sector  conglomerates  went  into  bankruptcy. 
At  year's  end,  an  international  assistance  effort  led  by  the  International  Monetary 
Fund  was  underway  to  shore  up  Korea's  reserves  and  foster  structural  economic  re- 
form. 

The  Government  generally  respects  the  human  rights  of  its  citizens;  however, 
there  were  problems  in  some  areas.  The  use  or  threatened  use  of  the  National  Secu- 
rity Law  (NSL)  continued  to  infringe  upon  citizen's  civil  liberties,  including  the  right 
to  free  expression.  There  was  no  progress  toward  reform  of  the  NSL,  but  judges  con- 
tinued to  demonstrate  their  independence.  The  standards  for  issuing  detention  war- 
rants were  made  more  stringent,  substantially  reducing  the  number  of  suspects  de- 
tained before  they  were  indicted.  However,  in  November,  following  complaints  from 
prosecutors  that  the  new  system  was  administratively  cumbersome,  tne  National 
Assembly  voted  to  amend  these  rules  to  ease  standards  for  issuing  warrants.  The 
Ministry  of  Justice  continued  to  implement  guidelines  requiring  tnat  suspects  be 
told  at  the  time  of  arrest  of  their  rignt  to  remain  silent  and  their  right  to  a  lawyer. 
Nevertheless,  credible  sources  reported  instances  in  which  police  subjected  detainees 
to  verbal  and  physical  abuse.  Women  continued  to  face  legal  and  societal  discrimina- 
tion. Violence  against  women  and  physical  abuse  remain  serious  problems.  There  is 
still  insufficient  legal  redress  for  these  problems.  Ethnic  minorities  face  legal  and 
societal  discrimination.  Although  labor  statutes  were  revised  to  expand  freedom  of 
association,  they  remained  below  international  standards  in  some  respects. 


823 

The  Government  continued  to  re<juire  released  political  prisoners  to  make  regular 
reports  to  the  police  under  the  Social  Surveillance  Law,  and  it  still  has  not  author- 
ized independent  investigations  of  the  cases  of  some  prisoners  who  received  sen- 
tences on  charges  believed  to  have  been  fabricated  by  previous  governments.  Some 
of  these  prisoners  reportedly  were  subjected  to  torture  to  extract  confessions  and  re- 
ceived trials  that  did  not  meet  international  standards  of  fairness. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person.  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — In  February  a  North  Korean  defec- 
tor living  in  Seoul  was  killed.  The  authorities  susf>ect  the  killing  was  carried  out 
by  North  Korean  agents. 

There  were  no  other  reports  of  political  or  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Penal  Code  prohibits  mistreatment  of  suspects;  the  Government  has  ordered  in- 
vestigating authorities  to  protect  the  human  rights  of  suspects;  and  allegations  of 
abuse  by  authorities  of  those  in  custody  for  questioning  continued  to  decline.  None- 
theless, prosecutors  continued  to  place  much  emphasis  on  securing  convictions 
through  confessions.  The  Supreme  Court  ruled  that  evidence  obtained  after  a  sus- 

fiect  had  been  deprived  of  sleep  during  an  interrogation  could  not  be  used  in  court, 
n  spite  of  the  court  ruling  and  government  directives  discouraging  sleep  deprivation 
as  a  technique  for  obtaining  confessions,  there  continued  to  be  reports  of  police  ques- 
tioning suspects  through  the  night.  Credible  sources  also  reported  that  in  some 
cases  police  verbally  or  physically  abused  suspects,  including  beatings,  threats,  and 
sexual  intimidation  in  the  course  of  arrest  and  police  interrogation. 

In  November  a  district  judge  in  Suwon  convicted  a  policeman  of  excessive  use  of 
force  during  a  February  1996  incident.  The  victim,  a  38-year-old  man,  had  entered 
a  police  station  while  intoxicated  and  became  abusive  when  speaking  with  an  officer 
on  duty.  He  resisted  when  the  policeman  pushed  him  out  of  the  building,  and  in 
the  resulting  struggle  he  hit  his  head  on  tne  ground  and  died.  The  court  imposed 
a  iail  sentence  of  IVa  years  on  the  policeman. 

Former  detainees  who  claimed  that  they  had  been  tortured  by  officials  of  past 
military  governments  continued  to  request  compensation.  However,  the  Government 
has  not  provided  an  effective  mechanism  for  redress,  such  as  an  independent  body 
to  investigate  complaints  of  past  human  rights  violations.  Officials  accused  of  abuse 
or  harassment  of  suspects  have  rarely  been  prosecuted. 

Prison  conditions  are  Spartan.  Prison  diets  are  adequate,  but  the  facilities  offer 
little  protection  against  cold  in  winter  and  heat  in  the  summer.  Some  prisoners 
claim  that  these  conditions  damaged  their  health  and  that  medical  care  nas  been 
inadequate.  Guards  have  occasionally  been  criticized  by  inmates  for  using  excessive 
force  or  needlessly  putting  prisoners  in  manacles.  Inmate  access  to  reading  mate- 
rials and  television  broadcasts  has  improved  significantly  in  recent  years. 

There  is  little  independent  monitoring  of  prison  conditions,  although  representa- 
tives of  human  rights  groups  may  visit  certain  prisoners  at  the  discretion  of  the 
prison  warden. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  is  often  vague,  and  prosecutors 
have  wide  latitude  to  interpret  the  law.  The  NSL  defines  espionage  in  broad  terms 
and  permits  the  authorities  to  detain  and  arrest  persons  wno  commit  acts  viewed 
as  supportive  of  North  Korea  and  therefore  dangerous  to  the  Republic  of  Korea.  Au- 
thorities arrested  not  only  persons  spying  on  behalf  of  North  Korea  but  also  those 
who  praised  North  Korea,  its  former  leader  Kim  II  Sung,  or  its  "self-reliance" 
("juche")  political  philosophv.  The  United  Nations  Human  Rights  Committee  has 
termed  the  NSL  "a  major  obstacle  to  the  full  realization  of  the  rights  enshrined  in 
the  International  Covenant  on  Civil  and  Political  Rights."  The  Government  arrested 
over  300  dissidents  under  the  NSL  during  the  year,  accusing  most  of  them  of  trjang 
to  undermine  democracy  by  aiding  North  Korea. 

The  NSL  permits  the  imprisonment  for  up  to  7  years  of  anyone  who  "with  the 
knowledge  that  he  might  endanger  the  existence  or  security  of  the  State  or  the  basic 
order  of  free  democracy,  praised,  encouraged,  propagandized  for,  or  sided  with  the 
activities  of  an  antistate  organization."  The  legal  standard  for  knowing  that  one 
might  endanger  the  security  of  the  State  is  vague.  Consequently,  a  number  of  Kore- 
ans have  been  arrested  for  what  appeared  to  be  the  peaceful  expression  of  opposing 
views,  which  the  authorities  apparently  considered  pro-North  Korean  or  antistate 
views.  For  example,  Duksung  Llniversity  student  Kim  Eun  Hee  was  arrested  in  Jan- 
uary for  posting  a  unification  greeting  from  North  Koreans  on  a  college  bulletin 
board.  She  was  convicted  under  the  NSL  and  given  a  suspended  sentence.  In  March 


824 

authorities  arrested  members  of  a  labor  group,  Saminchong,  for  violating  the  NSL. 
Human  rights  groups  say  that  Saminchong  is  a  Socialist  group,  that  does  not  en- 
dorse juche  ideology  and  has  been  critical  of  North  Korea. 

The  Government's  rationale  for  retaining  the  NSL  is  that  North  Korea  is  actively 
trying  to  subvert  the  Government  and  society,  and  that  due  to  this  special  cir- 
cumstance, some  forms  of  expression  must  be  limited  to  block  the  greater  danger 
to  freedom  and  democracy  posed  by  totalitarianism.  The  effect  sometimes  is  to  re- 
lieve the  Government  of  the  burden  of  proof  in  a  court  of  law  that  any  particular 
speech  or  action  does,  in  fact,  threaten  the  nation's  security.  For  example,  the  Gov- 
ernment has  prosecuted  citizens  for  unauthorized  travel  to  North  Korea  (see  Section 
2.d.).  In  February  novelist  Kim  Ha  Ki  was  convicted  under  the  NSL  after  making 
a  trip  to  North  Korea  in  July  1996. 

The  Criminal  Code  requires  warrants  to  be  issued  by  judges  in  cases  of  arrest, 
detention,  seizure,  or  search,  except  if  the  person  is  apprehended  while  coounitting 
a  criminal  act,  or  if  a  judge  is  not  available  and  the  authorities  believe  the  suspect 
may  destroy  evidence  or  escape  capture  if  not  quickly  arrested.  In  such  emergency 
cases,  judges  must  issue  arrest  warrants  within  48  hours  after  apprehension,  or,  if 
a  court  is  not  located  in  the  same  county,  within  72  hours.  Police  may  detain  sus- 
pects who  voluntarily  come  in  for  questioning  for  up  to  6  hours,  but  must  notify  the 
suspects'  families.  The  police  generally  respected  these  legal  requirements. 

Tlie  standards  for  issuing  warrants  were  tightened  in  1997,  resulting  in  a  signifi- 
cant decline  in  the  number  of  detention  warrants  approved.  According  to  one  study, 
the  number  of  suspects  detained  upon  arrest  in  the  first  5  months  of  the  year  de- 
clined 75  percent  compared  with  a  similar  period  in  1996.  The  change  in  the  stand- 
ards made  the  legal  system  conform  more  closely  to  the  principle  that  defendants 
are  innocent  until  proven  guilty.  Several  nongovernmental  organizations  (NGO's) 
consider  the  change  in  warrant  procedures  to  be  the  most  favorable  human  rights 
development  of  the  year. 

However,  in  November,  following  complaints  from  prosecutors  that  the  new  sys- 
tem was  administratively  cumbersome,  the  National  Assembly  voted  to  amend  these 
rules  to  ease  standards  for  issuing  warrants.  Authorities  normally  must  release  sus- 
pects aft«r  30  days  unless  an  indictment  is  issued.  Hence,  detainees  are  a  relatively 
small  percentage  of  the  total  prison  population. 

The  Constitution  specifically  provides  for  the  right  to  representation  by  an  attor- 
ney, but  lawyers  are  not  allowed  to  be  present  during  police  interrogation. 

The  Government  began  in  1993  to  permit  suspects  to  consult  with  "duty  lawyers" 
during  breaks  in  interrogation.  These  duty  lawyers  are  hired  and  paid  by  the  indi- 
vidual suspects,  but  often  bill  at  reduced  fees  as  a  public  service.  The  Justice  Min- 
istry also  issued  guidelines  in  1995  requiring  police  to  inform  susf)ects  at  the  time 
of  arrest  about  their  right  to  be  represented  by  a  lawyer,  and  there  were  no  reports 
of  access  to  legal  counsel  being  denied.  However,  in  at  least  one  case,  a  lawyer  al- 
leged that  attorney-client  confidentiality  was  infringed  by  a  prosecutor  who  refiised 
to  leave  a  consultation  room.  There  is  a  bail  system,  but  human  rights  lawyers  say 
that  bail  generally  is  not  granted  when  detainees  are  charged  with  committing  seri- 
ous offenses. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary. The  President  appoints  the  Chief  Justice  and  most  justices  of  the  Constitu- 
tional Court.  Although  judges  do  not  receive  life  appointments,  they  cannot  be  fired 
or  transferred  for  political  reasons.  In  recent  years  the  judiciary  has  shown  increas- 
ing independence.  Judges  in  some  district  courts  have  ruled,  for  example,  that  activ- 
ists' exchange  of  faxes  with  North  Korean  students  or  meetings  with  North  Korean 
representatives  in  third  countries  were  not,  in  themselves,  sufficient  grounds  to  con- 
vict them  of  violating  the  NSL,  contrary  to  prosecutors'  assertions. 

Local  courts  are  presided  over  by  judges  who  render  verdicts  in  all  cases.  There 
is  no  trial  by  jury.  Defendants  can  appeal  a  verdict  to  a  district  appeals  court  and 
to  the  Supreme  Court.  Constitutional  challenges  can  be  taken  to  the  Constitutional 
Court,  which  was  created  in  1988. 

The  Constitution  provides  defendants  with  a  number  of  rights  in  criminal  trials, 
including  the  presumption  of  innocence,  protection  against  self-incrimination,  free- 
dom from  retroactive  laws  and  double  jeopardy,  the  right  to  a  speedy  trial,  and  the 
right  of  appeal.  When  a  person  is  physically  detained,  the  initial  trial  must  be  com- 
pleted within  6  months  of  arrest.  These  rights  are  generally  observed.  Trials  are 
open  to  the  public,  but  the  judge  may  restrict  attenoance  if  he  believes  spectators 
may  seek  to  disrupt  the  proceedings. 

Judges  generally  allow  considerable  scope  for  examination  of  witnesses  by  both 
the  prosecution  and  defense.  Cases  involving  national  security  and  criminal  matters 


825 

are  tried  by  the  same  courts.  Although  convictions  are  rarely  overturned,  appeals 
often  result  in  reduced  sentences.  Death  sentences  are  automatically  appealed. 

Humem  rights  groups  believe  that  many  dissidents  tried  under  past  military  gov- 
ernments during  the  1970's  and  1980's  were  sentenced  to  long  prison  terms  on 
trumped-up  charges  of  spying  for  North  Korea.  Furthermore,  these  persons,  dozens 
of  whom  are  still  in  jail,  reportedly  had  been  held  incommunicado  for  up  to  60  days 
after  their  arrest,  subjected  to  extreme  forms  of  torture,  forced  to  make  "confes- 
sions," and  convicted  after  trials  that  did  not  conform  to  international  standards  for 
a  fair  trial.  Political  prisoners  have  been  denied  early  parole  because  they  refused 
to  renounce  real  or  alleged  communist  beliefs.  Some  released  political  prisoners 
were  required  to  report  their  activities  regularly  to  the  police. 

In  a  landmark  1996  decision,  former  Presidents  Chun  Doo  Hwan  and  Roh  Tae 
Woo  and  several  of  their  close  associates  were  convicted  for  their  roles  in  the  mili- 
tary takeover  of  the  government  in  1979  and  1980,  the  military  action  in  the 
Kwangju  civilian  uprismg  in  1980,  and  corruption  while  in  office.  Chun,  who  argued 
that  the  court  proceedings  were  unconstitutional  because  the  statute  of  limitations 
had  expired  for  these  offenses,  was  sentenced  to  death.  Roh  was  sentenced  to  a  pris- 
on term  of  more  than  20  years.  These  sentences  were  reduced  on  appeal  to  a  life 
sentence  for  Chun  and  17  years  for  Roh. 

The  two  former  presidents  were  released  from  prison  on  December  22,  following 
a  pardon  by  President  Kim  Young  Sam.  Twenty-three  other  former  officials  con- 
victed in  connection  with  these  cases  also  received  amnesty.  President-elect  Kim 
Dae  Jung  agreed  to  the  pardons  during  a  meeting  with  President  Kim. 

It  is  difficult  to  estimate  the  number  of  political  prisoners,  because  it  is  not  clear 
whether  particular  persons  were  arrested  for  merely  exercising  the  rights  of  free 
speech  or  association  or  were  detained  for  committing  acts  of  violence  or  espionage. 
Some  human  ri^ts  monitors  estimate  the  number  of  political  prisoners  at  over  500. 
However,  these  monitors'  definition  of  political  prisoner  often  includes  all  persons 
imprisoned  for  acts  that  were  politically  motivated,  without  distinction  as  to  wheth- 
er the  acts  themselves  included  violence  or  other  criminal  behavior.  The  number  of 
political  prisoners  and  detainees  as  defined  by  international  standards  appears  to 
number  under  200. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — In  gen- 
eral the  Government  honors  the  integrity  of  tne  home  and  fami^.  In  the  past,  the 
security  services  conducted  varying  degrees  of  surveillance,  including  wiretaps,  of 
political  dissidents.  The  Antiwiretap  Law  and  the  law  to  reform  the  NSP  were  de- 
signed to  curb  government  surveillance  of  civilians,  and  appear  largely  to  have  suc- 
ceeded. The  Antiwiretap  Law  lays  out  broad  conditions  under  which  the  monitoring 
of  telephone  calls,  mail,  and  other  forms  of  communication  are  legal.  It  requires  gov- 
ernment officials  to  secure  a  judge's  permission  before  placing  wiretaps,  or,  in  the 
event  of  an  emergency,  soon  after  placing  them,  and  it  provides  for  jail  terms  for 
those  who  violate  this  law.  Some  human  ri^ts  groups  argue  that  a  considerable 
amount  of  illegal  wiretapping  still  is  taking  place,  ana  they  assert  that  the  lack  of 
an  independent  body  to  investigate  whether  fx)lice  have  employed  illegal  wiretaps 
hinders  the  effectiveness  of  the  Antiwiretapping  Law. 

Citizens  are  not  allowed  to  listen  to  North  Korean  radio  in  their  homes  or  read 
books  published  in  North  Korea  if  the  Government  determines  that  they  are  doing 
so  for  the  purpose  of  helping  North  Korea.  Student  groups  make  plausible  claims 
that  government  informants  are  posted  around  university  campuses.  Persons  with 
backgrounds  as  political  or  labor  activists  may  find  it  difTicult  to  obtain  some  forms 
of  employment  or  advance  in  such  fields  as  government,  broadcast  media,  and  edu- 
cation. 

In  July  the  Constitutional  Court  struck  down  regulations  that  previously  prohib- 
ited members  of  the  same  "clan" — some  of  which  contain  more  than  a  million  mem- 
bers— from  marrying. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — While  most  political  discourse  is  unrestricted, 
under  the  NSL  the  Government  limits  the  expression  of  ideas  that  authorities  con- 
sider Communist  or  pro-North  Korean.  Broad  interpretations  of  the  NSL  allow  for 
restrictions  on  the  peaceful  expression  of  dissenting  views. 

Although  the  Government  has  abandoned  direct  control  over  the  news  media,  it 
continues  to  exercise  indirect  influence.  Some  officials  reportedly  lobby  journalists 
aggressively  to  discourage  them  from  writing  stories  critical  of  the  Government,  al- 
though this  practice  reportedly  has  significantly  declined.  Newspapers  played  an  in- 
strumental role  during  the  year  in  bringing  to  light  political  influence  peddling  asso- 
ciated with  Hanbo  Steel,  which  resulted  m  jail  sentences  for  many  senior  govern- 
ment officials  and  political  figures,  including  a  son  of  President  Kim.  Nevertheless, 


826 

the  latent  threat  of  tax  investigations  against  parent  media  companies  and  govern- 
ment pressure  on  advertisers  is  still  widely  believed  to  encourage  newspapers  and 
broadcasters  to  soften  criticism.  Moreover,  while  the  Government's  anticorruption 
campaign  curtailed  politicians'  payments  of  money  to  reporters,  it  did  not  eliminate 
them.  Nevertheless,  press  criticism  of  the  Government  is  extensive  in  all  fields,  and 
authorities  have  not  used  repressive  measures  to  stop  media  reporting.  Many  radio 
and  television  stations  are  state  supported,  but  they  maintain  a  considerable  degree 
of  editorial  independence  in  their  news  coverage. 

Journalists  allege  that  the  libel  laws  are  used  to  harass  publications  for  articles 
that  are  unflattering  but  not  necessarilv  untrue.  For  example,  staff  of  the 
Hangyoreh  Sinmun  daUy  newspaper  and  Mai  monthly  magazine  were  sued  in  Au- 

Sist  by  the  Government  after  publishing  articles  alleging  that  the  Defense  Security 
ommand  had  posted  agents  on  campuses  to  gather  information  on  the  student 
movement.  Some  human  rights  lawyers  have  argued  that  the  publications  had  con- 
fidential documents  that  gave  them,  at  a  minimum,  reason  for  believing  the  story 
might  be  true.  The  libel  case  has  not  yet  been  adjudicated. 

A  foreign  radio  journalist  was  detained  on  December  19,  based  on  a  complaint  by 
a  Seoul  newspaper,  and  charged  with  malicious  slander  for  overseas  reporting  from 
Seoul  that  the  Seoul  newspaper  corporation  was  in  serious  financial  difficulty.  At 
year's  end  the  case  was  unresolved,  but  the  journalist's  release  on  bail  appeared  im- 
minent. 

Prosecutors  continued  to  indict  dissidents  under  the  NSL  for  producing,  selling, 
or  distributing  pro-North  Korean  or  pro-Communist  materials.  Court  precedents 
allow  citizens  to  possess  these  kinds  of  publications  for  purely  academic  use,  profit, 
or  curiosity,  but  not  with  the  intent  of  subverting  the  State.  Prosecutors  have  wide 
discretion  in  determining  motives  for  possessing  or  publishing  such  material. 

The  Government  continued  to  allow,  within  its  guidelines,  substantial  media  cov- 
erage of  North  Korea.  Television  networks  continued  to  broadcast  edited  versions  of 
North  Korean  television  programs,  and  reported  extensively  on  United  States  and 
South  Korean  talks  with  North  Korean  officials. 

The  Government  Censorship  Board,  which  screens  movies  for  sexual  or  violent 
content,  has  followed  more  liberal  guidelines  in  recent  years  and  allowed  a  broader 
range  of  films  to  be  released. 

In  November  Suh  Jun  Shik,  the  publisher  of  a  daily  human  rights  newsletter  in 
Seoul,  was  arrested  along  with  several  other  activists  under  the  NSL  for  attempting 
to  screen  an  allegedly  pro-North  Korean  movie.  The  film  "Red  Hunt,"  depicted  the 
Cheju  Island  insurgency  of  the  late  1940's.  Suh  and  his  human  rights  group 
Sarangbang  had  struggled  with  authorities  over  showing  "Red  Hunt"  and  other 
films  for  several  months.  They  organized  a  festival  in  the  fall  to  present  human 
rights-related  movies  from  a  number  of  different  countries  and  refused,  on  principle, 
to  submit  the  films  to  government  authorities  for  approval.  The  law  on  censorship 
is  unclear.  Although  the  Constitutional  Court  ruled  last  year  that  prescreening  by 
a  censorship  board  no  longer  is  required,  the  Government  apparently  still  has  the 
authority  to  prevent  a  film  from  being  shown  due  to  its  pornographic  or  political 
content. 

Siih's  organization  had  planned  to  screen  "Red  Hunt"  and  other  films  at  Hongik 
University  in  Seoul,  but  the  University  canceled  the  festival,  reportedly  as  a  result 
of  government  pressure.  This  led  to  demonstrations  at  the  University  and  attempts 
by  student  groups  to  show  the  films  despite  the  lack  of  university  approval.  Ulti- 
mately, authorities  arrested  Suh  and  several  other  activists,  searched  the  offices  of 
Sarangbang,  and  confiscated  material  on  the  festival. 

In  1994  authorities  began  investigating  eight  Kyongsang  University  professors  on 
the  grounds  that  their  textbook  on  Korean  society  endorsed  North  Korean  ideology. 
This  investigation  was  regarded  by  much  of  the  scholarly  community  as  a  serious 
infringement  of  academic  freedom.  However,  prosecutors  who  sought  to  arrest  sev- 
eral of  the  professors  under  the  NSL  were  denied  warrants  by  a  judge  who  con- 
cluded that  authorities  had  not  provided  evidence  of  the  scholars'  pro-Communist 
activities.  This  investigation  has  been  closed,  and  no  instances  of  prosecution  for 
scholarly  writing  were  reported  during  the  year.  However,  student  groups  plausibly 
report  the  presence  of  government  informants  on  university  campuses  (see  Section 
l.f). 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Law  on  Assembly  and 
Demonstrations  prohibits  assemblies  considered  likely  to  undermine  public  order. 
The  law  forbids  outside  interference  in  peaceful  assemblies  approved  by  the  authori- 
ties and  reauires  that  the  police  be  notified  in  advance  of  demonstrations  of  all 
types,  including  political  rallies.  Police  must  notify  organizers  if  they  consider  the 
event  impermissiDle  under  this  law. 


827 

The  Constitution  provides  for  freedom  of  association,  and  there  are  no  registration 
reouirements.  Associations,  except  those  whose  aim  is  deemed  by  the  Government 
to  DC  the  overthrow  of  the  State,  operate  freely. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  provision  in  practice. 

d.  Freedom,  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^Most  citizens  are  allowed  to  move  freely  throughout  tne  country,  but 
police  may  restrict  the  movements  of  some  former  prisoners.  Foreign  travel  is  gen- 
erally unrestricted,  but  travel  to  North  Korea  must  be  approved  bv  the  Government. 
To  ootain  approval,  potential  visitors  must  demonstrate  that  their  trip  does  not 
have  a  political  purpose — that  is,  to  praise  North  Korea  or  criticize  the  South  Ko- 
rean Government.  Travelers  to  North  Korea  who  do  not  receive  government  p>ermis- 
sion  are  likely  to  be  arrested  upon  their  return  to  South  Korea.  For  example,  novel- 
ist Kim  Ha  fa,  who  traveled  to  the  North  in  1996,  was  sentenced  in  February  to 
3V2  years  in  prison.  The  court  said  that  the  novelist  revealed  state  secrets  to  North 
Korean  authorities  during  his  visit. 

In  the  past,  the  Government  forbade  some  Koreans  convicted  of  politically  related 
crimes  from  returning  to  Korea,  and  some  citizens  still  face  sanctions  if  they  return. 
In  1994  the  NSP  lifted  the  entry  ban  on  composer  Yun  I  Sang,  a  dissident  who  had 
been  living  in  Berlin  for  many  years.  However,  the  Government  required  that  he 
refrain  from  any  political  activity  while  in  Korea  and  that  he  give  an  accounting 
of  his  political  activities  overseas  before  authorities  would  allow  nim  into  the  coun- 
try. Yun  refused  these  conditions  and  decided  against  returning  to  South  Korea.  He 
died  abroad  in  1995. 

The  Government  cooperates  with  the  oflice  of  the  U.N.  High  Commissioner  for 
Refugees  and  other  humanitarian  organizations  in  assisting  refugees.  Government 
guidelines  provide  for  offering  temporary  refuge  in  the  case  of  a  mass  influx  of  asy- 
lum seekers.  However,  the  issue  oT  provision  of  first  asylum  did  not  arise  in  1997. 
There  were  no  reports  of  forced  return  of  persons  to  a  country  where  they  had  a 
fear  of  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  elect  their  own  government.  The  Constitution,  as 
amended  in  1987,  provides  for  the  direct  election  of  the  President  and  for  a  mixed 
system  of  direct  and  proportional  election  of  legislators  to  the  unicameral  National 
Assembly.  The  President  serves  a  single  5-year  term  and  may  not  be  reelected.  The 
National  Assembly's  term  is  4  years.  All  citizens  20  years  of  age  or  above  have  the 
rirfit  to  vote,  and  elections  are  held  by  secret  ballot. 

Because  of  cultural  traditions  and  discrimination,  women  occupy  few  important 

Positions  in  government.  The  only  woman  in  the  Cabinet  is  the  Second  Minister  for 
olitical  Affairs,  whose  portfolio  is  Women's  Affairs.  Nine  female  legislators  were 
elected  to  the  299-seat  National  Assembly,  one  of  whom  chairs  a  special  committee 
on  women's  affairs. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Several  nongovernmental  private  organizations  are  active  in  promoting  human 
rights,  and  they  operate  without  government  restriction.  Chief  among  these  groups 
are  the  Lawyers  for  a  Democratic  Society,  Sarangbang,  the  Human  Rights  Commit- 
tee of  the  National  Council  of  Churches  in  Korea,  the  Korean  Bar  Association,  and 
"Mingahyup,"  an  association  of  the  families  of  political  prisoners.  These  groups  pub- 
lish reports  on  the  human  rights  situation  in  Korea  and  make  their  views  known 
both  inside  and  outside  the  country.  Government  and  ruling  party  officials  generally 
have  been  willing  to  meet  with  international  human  rights  groups. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  and  equal  opportunity  statutes  forbid  discrimination  on  the 
basis  of  race,  sex,  religion,  disability,  or  social  status,  and  the  Government  respects 
these  provisions.  However,  traditional  attitudes  limit  opportunities  for  women  and 
the  disabled.  Ethnic  minorities  face  both  legal  and  societal  discrimination. 

Women. — Violence  against  women  remains  a  problem,  and  some  women's  rights 
groups  maintain  that  such  violence,  including  spousal  abuse,  has  worsened  in  the 
past  few  years.  The  law  docs  not  provide  adequate  protection  to  victims  of  abuse. 

Rape  remained  a  serious  problem,  with  about  5,500  cases  reported  in  1996  (the 
last  year  for  which  statistics  are  available).  Many  incidents  of  rape  go  unreported 
because  of  the  stigma  associated  with  being  a  rape  victim.  The  activities  of  a  num- 
ber of  women's  groups  have  increased  awareness  of  the  importance  of  reporting  and 


828 

prosecuting  rapes,  as  well  as  ofTenses  such  as  sexual  harassment  in  the  woricplace. 
According  to  women's  rights  groups,  cases  involving  sexual  harassment  or  rape  gen- 
erally go  unprosecuted,  and  perpetrators,  if  convicted,  often  receive  very  light  sen- 
tences. 

The  amended  Family  Law,  which  went  into  effect  in  1991,  permits  women  to  head 
a  household,  recognizes  a  wife's  right  to  a  portion  of  the  couple's  property,  and  al- 
lows a  woman  to  maintain  greater  contact  with  her  offspring  after  a  divorce.  Al- 
though the  revisions  helped  abused  women,  divorce  remains  a  social  taboo,  and 
there  is  little  government  or  private  assistance  for  divorced  women.  These  factors, 
plus  the  fact  that  divorced  women  have  limited  employment  opportunities  and  have 
difficulty  remarrying,  forces  some  women  to  stay  in  abusive  situations.  The  Govern- 
ment has  created  some  shelters  for  battered  women  and  increased  the  number  of 
child  care  facilities,  giving  women  in  abusive  situations  more  options,  but  women's 
ri^ts  groups  say  that  they  fall  far  short  of  effectively  dealing  with  the  problem. 

A  conservative  Confucian  tradition  has  left  women  subordinate  to  men  socially 
and  economically.  Despite  the  passage  of  equal  employment  opportunity  legislation 
in  1988,  few  women  work  as  company  executives.  Women  have  full  access  to  edu- 
cation, and  social  mores  and  attitudes  gradually  have  begun  to  change.  The  major 
political  parties,  for  example,  are  making  more  efforts  to  recruit  women;  the  Min- 
istry of  Women's  Affairs  continued  its  efforts  to  expand  employment  opportunities; 
and  the  military,  for  the  first  time,  placed  a  woman  in  command  of  a  training  regi- 
ment. 

Children. — The  Government  provides  high-quality  elementary  education  to  all 
children  free  of  charge,  and  most  obtain  a  good  secondary  education.  High-quality 
health  care  facilities  are  widely  available  to  children. 

Child  abuse  does  not  appear  to  be  a  significant  problem,  but  it  has  not  been  stud- 
ied extensively,  and  statistics  on  such  abuse  are  limited.  About  80  cases  were  re- 
ported during  the  year.  Although  experts  believe  that  a  number  of  cases  go  unre- 
ported, instances  of  child  abuse  still  appear  to  be  relatively  rare.  The  Seoul  metro- 
politan government  runs  a  children's  counseling  center,  which  investigates  reports 
of  abuse,  counsels  families,  and  cares  for  runaway  children.  In  the  absence  of  a  spe- 
cific law  against  child  abuse,  however,  it  is  not  possible  to  prosecute  and  punish 
child  abusers  unless  they  commit  a  crime  punishable  under  a  separate  law. 

The  traditional  preference  for  male  children  continues,  although  it  is  less  evident 
among  people  in  their  twenties  and  thirties.  Although  the  law  bans  fetal  testing  ex- 
cept for  those  cases  when  a  woman's  life  is  in  danger,  a  hereditary  disease  would 
be  passed  along,  or  in  case  of  rape  or  incest — such  testing  and  the  subsequent  termi- 
nation of  pregnancies  with  female  fetuses  frequently  occur.  The  Government  has  ex- 
pressed concern  about  the  widening  disparity  in  male  and  female  birth  rates. 

People  With  Disabilities. — Although  measures  aimed  at  creating  opportunities  for 
the  disabled  have  been  taken,  public  facilities  for  their  everyday  care  and  use  re- 
mained inadequate.  However,  there  is  no  legal  discrimination  against  disabled  per- 
sons in  employment,  education,  or  in  the  provision  of  other  state  services. 

In  1995  the  Government  expanded  job  training  programs,  medical  benefits,  and 
welfare  facilities  for  disabled  citizens.  Since  1991  firms  with  over  300  employees 
have  been  required  by  law  either  to  hire  disabled  workers  or  pay  a  fee.  Surveys  indi- 
cate that  most  companies  either  paid  the  fee  or  evaded  the  law.  After  human  rights 
groups  had  publicized  one  such  survey  in  1996,  the  Labor  Ministry  increased  the 
subsidies  provided  to  companies  that  hire  the  disabled.  Nonetheless,  hiring  of  the 
disabled  remains  below  target  levels.  New  public  buildings  are  required  to  include 
facilities  for  the  disabled,  such  as  a  ramp  access  to  entrances,  a  wheelchair  lift,  and 
special  parking  spaces.  The  Health  and  Welfare  Ministry  has  announced  that  exist- 
ing government  buildings  must  be  retrofitted  with  these  facilities  over  the  next  7 
years. 

National  / Racial  / Ethnic  Minorities. — The  Republic  of  Korea  is  a  racially  homo- 
geneous country  with  no  ethnic  minorities  of  significant  size.  Citizenship  is  based 
on  blood,  not  location  of  birth,  and  Koreans  must  show  as  proof  their  family  geneal- 
ogy. Thus,  ethnic  Chinese  bom  and  resident  in  Korea  cannot  obtain  citizenship  or 
become  public  servants,  and  may  have  difficulty  being  hired  by  some  major  corpora- 
tions. Due  to  legal  as  well  as  societal  discrimination,  many  formerly  resident  ethnic 
Chinese  have  emigrated  to  other  countries  since  the  1970's.  The  law  permits  only 
fathers  to  transmit  citizenship.  Therefore,  children  bom  with  Korean  mothers  but 
foreign  fathers  have  difficulty  obtaining  citizenship.  Amerasian  children  usually  are 
able  to  obtain  citizenship  when  their  biological  fathers  are  not  identified. 
Amerasians  face  no  legal  discrimination,  but  informal  discrimination  is  prevalent, 
making  it  more  difficult  for  them  to  succeed  in  academia,  business,  or  government. 


829 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  gives  workers,  with  the  exception 
of  public  sector  employees  and  teachers,  the  right  to  free  association.  In  the  govern- 
ment sector,  unions  are  restricted  to  organizing  blue-collar  workers  in  such  agencies 
as  the  postal  service,  railways,  telecommunications,  and  the  national  medical  center. 
As  few  as  two  employees  may  form  a  union.  Until  1997  the  Trade  Union  Law  speci- 
fied that  only  one  union  was  permitted  at  each  workplace.  However,  labor  law 
changes  in  March  authorize  the  formation  of  competing  unions  from  the  year  2002. 
All  unions  are  required  to  notify  the  authorities  when  formed  or  dissolved.  About 
10  percent  of  workers  belong  to  a  union. 

In  the  past,  the  Government  did  not  formallv  recognize  labor  federations  that 
were  not  afiiUated  with  the  country's  two  legalW  recognized  labor  groupings — the 
Federation  of  Korean  Trade  Unions  (FKTU)  and  the  Independent  Korean  Federa- 
tion of  Clerical  and  Financial  Workers.  In  the  past  several  years,  however,  the 
Labor  Ministry  officially  recognized  some  independent  white-collar  federations  rep- 
resenting hospital  workers,  journalists,  and  ofTice  workers  at  construction  firms  and 
government  research  institutes.  The  courts  ruled  in  1992  that  affiliation  with  the 
FKTU  was  not  required  to  be  registered  as  a  legal  labor  federation.  In  March  the 
National  Assembly  passed  a  labor  reform  bill  that  cleared  the  way  to  authorize  dis- 
sident federations,  such  as  the  Korean  Confederation  of  Trade  Unions  (KCTU). 
However,  the  KCTU  allowed  the  outlawed  teachers  union  to  affiliate  with  it,  and 
consequently  in  May  the  Government  refused  to  grant  it  official  authorization.  In 
practice,  labor  federations  not  formally  recognized  by  the  Labor  Ministry  have  oper- 
ated without  government  interference. 

The  Government  arrested  and  tried  unionists  who  allegedly  instigated  violent 
strikes  or  illegally  disrupted  normal  business  operations.  The  Government  also  in- 
dicted unionists  who  participated  in  a  general  strike  in  January  conducted  to  pro- 
test the  passage  in  December  of  a  labor  law  bill  that  labor  groups  believed  was  un- 
favorable to  labor,  and  was  passed  in  an  undemocratic  manner.  However,  unionists 
ultimately  were  not  punished  for  their  participation  in  the  general  strike. 

The  Government  retained  the  ban  on  teachers  unions,  arguing  that  organizations 
such  as  the  Korean  Teachers  Union  (Chonkyojo)  are  essentially  political  organiza- 
tions with  radical  aims.  Several  teachers  were  suspended  temporarily  from  their 
jobs  because  they  were  union  leaders. 

Labor  laws  prohibiting  political  activities  by  unions  were  rescinded  in  March.  Cur- 
rently unions  are  regulated  by  election  laws  fliat  apply  to  other  social  organizations. 
These  regulations  prohibit  donations  by  unions  (and  other  social  organizations)  to 
political  parties.  Some  trade  unionists  have  temporarily  resigned  from  their  union 
posts  to  run  for  office. 

Strikes  are  prohibited  in  government  agencies,  state-run  enterprises,  and  defense 
industries.  By  law,  unions  in  enterprises  determined  to  be  of  "essential  public  inter- 
est," including  public  transportation,  utilities,  public  health,  banking,  and  tele- 
communications, can  be  ordered  to  submit  to  government-ordered  arbitration  in  Ueu 
of  striking.  In  practice,  however,  the  Government  rarely  imposes  arbitration.  The 
number  of  labor  disputes  has  declined  in  recent  years.  According  to  Labor  Ministry 
statistics,  about  90  strikes  occurred  in  1996,  the  last  year  for  wnich  complete  data 
are  available.  The  Labor  Dispute  Adjustment  Act  requires  unions  to  notify  the 
Labor  Ministry  of  their  intention  to  strike,  and  it  mandates  a  10-day  "cooling-ofF  pe- 
riod" before  a  work  stoppage  may  legally  begin,  15  days  in  public  interest  sectors. 
Labor  laws  prohibit  retribution  against  workers  who  have  conducted  a  legal  strike 
and  allow  workers  to  file  complaints  of  unfair  labor  practices  against  employers. 

The  FKTU  and  KCTU  are  affiliated  with  the  International  Confederation  of  Free 
Trade  Unions  (ICFTU).  Most  of  the  FKTU's  20  constituent  federations  maintain  af- 
filiations with  international  trade  secretariats,  as  does  the  KCTU  Metalworkers 
Council.  In  February  the  International  Labor  Organization  (ILO)  Committee  on 
Freedom  of  Association  criticized  some  aspects  of  the  labor  laws,  such  as  the  prohi- 
bition on  organizing  unions  for  teachers  and  government  employees. 

In  recent  years,  the  Government  has  cultivated  a  more  neutral  stance  in  labor  dis- 
putes. Authorities  rarely  sent  police  to  quell  labor  disturbances,  and  there  were  no 
reports  of  employer-hired  squaas  assaulting  workers  in  1997. 

Since  July  1991,  South  Korea  has  been  suspended  from  the  U.S.  Overseas  Private 
Investment  Corporation  (OPIC)  insurance  programs  because  of  the  Government's  in- 
fringements on  freedom  of  association  and  other  worker  rights. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  and  the 
Trade  Union  Law  provide  for  the  right  of  woriters  to  collective  bargaining  and  collec- 
tive action.  This  law  also  empowers  workers  to  file  complaints  of  unfair  labor  prac- 
tices against  employers  who  interfere  with  union  organizing  or  practice  discrimina- 


830 

tion  against  union  members.  Employers  found  guilty  of  unfair  practices  can  be  re- 
quirea  to  reinstate  workers  who  were  fired  for  union  activities. 

Extensive  collective  bargaining  is  practiced,  even  with  unions  whose  federations 
are  not  legally  recogni^ea  by  the  Government.  The  labor  laws  do  not  extend  the 
ri^t  to  organize  and  bargain  collectively  to  teachers,  defense  industry  workers,  or 
government  employees,  including  workers  at  state-  or  publicly-run  enterprises. 

There  is  no  independent  system  of  labor  courts.  The  central  and  local  labor  com- 
missions form  a  semiautonomous  agency  of  the  Labor  Ministry  that  adju^cates  dis- 
putes in  accordance  with  the  Labor  Dispute  Adjustment  Law.  Each  labor  commis- 
sion is  composed  of  equal  numbers  of  representatives  of  labor  and  management,  plus 
neutral  experts  who  represent  the  "public  interest."  Local  labor  commissions  are  em- 
powered to  decide  on  remedial  measures  in  cases  involving  unfair  labor  practices 
and  to  mediate  and,  in  some  situations,  arbitrate  labor  disputes.  Arbitration  can  be 
made  compulsory  in  sectors  of  the  economy  (e.g.,  utilities  and  transportation)  that 
are  deemed  essential  to  public  welfare. 

In  the  past,  regulations  forbade  intervention  in  disputes  by  so-called  third-parties, 
such  as  labor  federations  not  recognized  by  the  Government.  Labor  laws  were  re- 
vised in  March  to  lift  the  ban  on  third-party  intervention  and  allow  dissident  federa- 
tions to  assist  member  unions  involved  in  a  strike. 

Enterprises  in  the  two  export  processing  zones  (EPZ's)  had  been  designated  by  the 
Government  as  public  interest  enterprises.  Workers  in  these  enterprises,  whose 
rights  to  organize  were  formally  restricted,  have  gradually  been  given  all  the  rights 
enjoyed  by  workers  in  other  sectors  of  the  economy. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  provides  that  no 
person  shall  be  punished,  placed  under  preventive  restrictions,  or  suDJected  to  invol- 
untary labor,  except  as  provided  by  law  and  through  lawful  procedures.  Forced  or 
compulsory  labor,  mcluding  forced  labor  by  children,  is  not  practiced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employm.ent. — The  Gov- 
ernment prohibits  forced  and  bonded  child  labor  and  enforces  this  prohibition  (see 
Section  6.c.).  The  Labor  Standards  Law  prohibits  the  employment  oi  persons  under 
the  age  of  15  without  a  special  emplovment  certificate  from  the  Labor  Ministry.  Be- 
cause education  is  compulsory  througn  middle  school  (about  age  14),  few  special  em- 
plovment certificates  are  issued  for  full-time  employment.  Some  children  are  allowed 
to  hold  part-time  jobs  such  as  selling  newspapers.  To  obtain  employment,  children 
under  age  18  must  have  written  approval  from  their  parents  or  guardians.  Employ- 
ers may  require  minors  to  work  only  a  limited  number  of  overtime  hours  ana  are 

Krohibited  from  employing  them  at  night  without  special  permission  from  the  Labor 
linistry.  Child  labor  laws  and  regulations  are  clear  and  usually  enforced  when  vio- 
lations are  found,  but  the  (jovemment  employs  too  few  inspectors  to  carry  out  regu- 
lar inspections. 

e.  Acceptable  Conditions  of  Work. — The  Government  implemented  a  minimum 
wage  in  1988,  and  the  minimum  wage  level  is  reviewed  annually.  As  of  September, 
the  minimum  wage  was  raised  to  approximately  $1.63  (1,485  won)  per  hour.  Compa- 
nies with  fewer  than  10  employees  are  exempt  from  this  law.  Due  to  the  tight  latwr 
market,  however,  most  firms  pay  wages  well  above  the  minimum  to  attract  and  re- 
tain workers.  The  FKTU  and  other  labor  organizations  assert  that  the  current  mini- 
mum wage  does  not  meet  the  basic  requirements  of  urban  workers.  In  fact,  a  worker 
earning  the  minimum  wage  would  have  difficulty  in  providing  a  decent  standard  of 
living  for  himself  and  his  family,  despite  the  fringe  benefits,  such  as  transportation 
expenses,  with  which  companies  normally  supplement  salaries.  (However,  the 
money  an  average  blue-collar  worker  takes  home  in  overtime  and  bonuses  signifi- 
cantly raises  the  total  compensation  package.)  According  to  the  Ministry  of  Health 
and  Welfare,  3.1  percent  of  the  population  lived  below  the  poverty  level  in  1996. 

Foreign  workers,  most  of  whom  come  from  China,  the  Philippines,  Bangladesh, 
Nepal,  and  Pakistan,  oft«n  face  difficult  working  conditions.  The  Government  sought 
to  ameliorate  the  problems  of  illegal  workers  oy  creating  a  program  that  allowed 
about  60,000  foreign  workers  to  enter  Korea  legally  to  work  at  established  wages 
with  legal  safeguards.  Illegal  foreign  woricers,  who  number  more  than  100,000,  still 
suffer  significant  hardships  in  the  workplace.  It  is  difficult  for  illegal  workers  to 
seek  relief  for  loss  of  pay  or  unsatisfactory  living  and  working  conditions  because 
they  face  the  threat  oi  being  deported.  The  (jovemment  has,  however,  established 
counseling  centers  that  hear  complaints  from  illegal  foreign  workers  about  such  is- 
sues as  overdue  wages  and  industrial  accidents.  Foreigners  working  as  language 
teachers  have  complained  that  language  institutes  that  hired  them  frequently  vio- 
lated employment  contracts,  for  wmicn  the  legal  system  provided  insufficient  re- 
dress. 

Amendments  to  the  Labor  Standards  Law  passed  in  1989  brought  the  maximum 
regular  workweek  to  44  hours,  with  provision  for  overtime  to  be  compensated  at  a 


831 

higher  wage.  The  law  also  provides  for  a  24-hour  rest  period  each  week.  Labor  laws 
were  revised  in  March  to  establish  a  flexible  hours  system,  according  to  which  em- 
ployers could  require  laborers  to  work  up  to  48  hours  during  certain  weeks  without 
paying  overtime,  as  long  as  average  weekly  hours  for  2-weeks  did  not  exceed  44. 
If  a  union  agreed  to  a  further  loosening  of  the  rules,  management  could  ask  employ- 
ees to  work  up  to  56  hours  in  a  given  week.  The  legislation  established  a  daily  cap 
on  the  working  day  of  12  hours.  Labor  groups  claim  that  the  Government  does  not 
adequately  enforce  maximum  workweek  provisions  at  small  companies. 

The  Government  sets  health  and  safety  standards,  but  the  accident  rate  is  unusu- 
ally high  by  international  standards.  However,  this  rate  continues  to  decline  gradu- 
ally due  to  improved  occupational  safety  programs  and  union  pressure  for  better 
working  conditions.  The  Labor  Ministry  still  lacks  enough  inspectors  to  enforce  the 
laws  fiilly.  The  Industrial  Safety  and  Health  Law  does  not  guarantee  security  for 
workers  who  remove  themselves  from  dangerous  work  environments. 


LAOS 

The  Lao  People's  Democratic  Republic  (LPDR)  is  an  authoritarian  one-party  state 
ruled  by  the  Lao  People's  Revolutionary  Party  (LPRP).  The  judiciary  is  subject  to 
executive  influence. 

The  Ministry  of  Interior  (MOI)  remains  the  main  instrument  of  state  control.  MOI 
police  maintain  order  and  monitor  Lao  society  and  foreign  nationals,  including  for- 
eign officials  and  diplomats.  The  degree  of  surveillance  varies  by  locality,  but  overall 
has  diminished  considerably  in  recent  years. 

Laos  is  an  extremely  poor  country.  After  the  LPRP  came  to  power  in  1975,  at 
least  350,000  people  fled  the  country  to  escape  the  Government's  harsh  political  and 
economic  policies.  Since  1986  the  Government  has  largely  abandoned  its  Socialist 
economic  agenda.  Economic  reforms  have  moved  the  country  from  a  moribund,  cen- 
trally planned  system  to  a  growing,  market-oriented  economy  open  to  foreign  invest- 
ment. 

There  has  been  a  general  trend  away  from  the  harsh  conditions  that  existed  after 
the  LPRP  assumed  power  in  1975,  but  serious  problems  remain.  Citizens  do  not 
have  the  right  to  change  their  government.  Even  with  ongoing  economic  liberaliza- 
tion, the  adoption  of  a  Constitution  in  1991,  and  National  Assembly  elections  in 
1993  and  1997,  the  Government  has  only  slowly  eased  restrictions  on  basic  freedoms 
and  begun  codification  of  implementing  legislation  for  rights  stipulated  in  the  Con- 
stitution. Many  of  the  rights  provided  for  in  the  Constitution  have  not  been  codified 
with  implementing  legislation.  In  practice,  the  Government  restricts  the  freedoms 
of  speech,  assembly,  and,  to  a  lesser  extent,  religion,  even  though  they  are  provided 
for  in  the  Constitution.  Citizens  do  not  have  the  right  to  privacy  and  do  not  enjoy 
a  free  press,  although  most  citizens  have  ready  access  to  a  variety  of  foreign  media. 
Prison  conditions  remain  harsh,  and  some  societal  discrimination  against  women 
and  minorities  persists. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings  by  government  ofiicials. 

In  May  government  troops  shot  two  European  tourists  camped  in  a  remote  area, 
killing  one  and  wounding  the  other,  possibly  prompted  by  attacks  on  government 
troops  by  antigovemment  elements  in  the  area.  Those  responsible  for  the  shooting 
had  not  made  adequate  efforts  to  identify  the  campers  before  firing.  The  Govern- 
ment has  not  publicly  charged  the  soldiers.  The  Government  does  not  ordinarily 
publicize  lethal  incidents. 

On  January  16,  unknown  persons  reportedly  killed  eight  Hmong  villagers,  includ- 
ing five  children,  in  a  remote  mountainous  area.  Villagers  from  the  area  said  that 
the  perpetrators  were  ethnic  Hmong  not  associated  with  the  Government.  The  CJov- 
emment's  liuman  rights  monitoring  unit  said  that  it  is  investigating  the  report. 

Attacks  by  armed  bands  on  government,  foreign,  and  Lao  travelers  and  business- 
men continued  in  the  central  and  north  central  region.  The  attacks  apparently  in- 
volve a  mixture  of  factors  including  insurgency,  clan  rivalry,  highway  robbery  and 
reaction  to  encroaching  development. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 


832 

In  September  1993,  Vue  Mai,  a  Hmon^  leader  who  in  November  1992  returned 
voluntarily  to  Laos  from  a  refugee  camp  in  Thailand,  disappeared  in  Vientiane.  No 
new  information  relevant  to  the  case  came  to  light  during  tne  year. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Penal  Code  prohibits  torture  or  mistreatment  of  prisoners,  and  the  Grovemment 
generally  observed  these  principles  in  practice. 

Prison  conditions  are  harsh  out  not  life  threatening.  F*rison  authorities  deny  some 
prisoners  regular  family  visits,  and  medical  care  ranges  from  inadequate  to  non- 
existent. Inmates  sometimes  resort  to  bribing  guards  to  obtain  food  and  medicines. 
Prison  conditions  for  women  are  similar  to  those  for  men.  The  extent  of  sexual  har- 
assment in  prison  is  unknown,  but  it  is  not  believed  to  be  a  serious  problem.  There 
is  no  independent  monitoring  of  prison  conditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^The  Constitution  and  Penal  Code  provide 
some  protection,  including  a  statute  of  limitations  for  those  accused  of  crimes,  but 
the  Government  does  not  fully  respect  these  provisions.  Those  accused  of  hostility 
toward  the  regime  are  subject  to  arrest  and  confinement  for  long  periods. 

An  unconfirmed  report  that  eight  Hmong  were  arrested  by  tne  Government  in 
Xieng  Khouang  province  was  submitted  to  the  newly  established  human  rights  mon- 
itoring unit  in  the  Ministry  of  Foreign  Affairs,  which  is  investigating  the  charge  (see 
Section  3). 

While  citizens  have  the  protection  of  due  process,  authorities  have  reportedly  ar- 
rested some  persons  based  on  unsupported  accusations  and  without  informing  them 
of  the  charges,  the  accusers'  identities,  or  their  legal  rights.  Due  process  rights  are 
unevenly  upheld  across  the  country. 

The  (jovemment  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  the  independence 
of  judges  and  prosecutors  and  protects  their  decisions  from  outside  scrutiny.  In  prac- 
tice, however,  the  courts,  which  are  understaffed  and  poorly  trained,  appear  to  ac- 
cept recommendations  of  other  government  agencies,  especially  the  Ministry  of  Inte- 
rior, in  making  their  decisions. 

The  judiciary  is  composed  of  district  courts,  provincial  courts,  and  the  Supreme 
Court. 

Although  regulations  provide  for  public  trial,  widespread  ignorance  of  constitu- 
tional ri^ts  among  both  citizens  and  law  enforcement  authorities  at  times  results 
in  trials  that  are  little  more  than  public  announcements  of  predetermined  verdicts. 
Politically  sensitive  trials  have  not  been  open  to  the  public,  although  trials  of  civil 
crimes  appeared  to  be  open;  these  are  increasingly  publicized  in  the  media.  The 
Government  held  seminars  for  court  officials  during  the  year  to  increase  awareness 
of  legal  rights  and  procedures,  and  government  publications  have  printed  articles 
describing  citizens'  ndits. 

There  is  provision  lor  appeal  to  the  provincial  courts  and  the  Supreme  Court.  Sen- 
ior government  and  party  officials  reportedly  may  also  review  politically  sensitive 
cases. 

The  Constitution  provides  that  all  accused  persons  have  the  right  to  defend  them- 
selves in  court.  A  board  of  legal  advisors  formed  in  1991  was  suspended  in  1992, 
pending  enactment  of  a  legally  clarified  body  of  governing  regulations.  The  Govern- 
ment strengthened  the  legal  profession  and  individual  rights  to  counsel  in  1996  by 
establishing  a  formal  bar  association.  According  to  the  Criminal  Code,  defendants 
in  criminal  cases  are  entitled,  at  their  own  expense,  to  representation  by  a  "rights 
protector"  who  may  be  a  practicing  attorney.  However,  because  citizens  are  largely 
unaware  of  their  rights  and  legal  authorities  are  not  required  by  law  to  enlighten 
them,  few  defendants  seek  or  have  legal  representation. 

Arrests,  trials  and  convictions  are  usually  unannounced,  thereby  complicating  ef- 
forts to  estimate  accurately  the  number  of  political  prisoners.  Three  former  govern- 
ment officials  are  serving  14-year  sentences  handed  down  in  1992  for  advocating  a 
multiparty  system  and  criticizing  restrictions  on  political  liberties. 

There  has  been  no  new  information  concerning  three  men  sentenced  in  1992  to 
life  terms  for  crimes  allegedly  committed  during  their  tenure  as  officials  of  the  pre- 
vious regime. 

The  (Ssvemment  claims  that  three  other  officials  of  the  former  government  re- 
leased in  1992  have  chosen  to  remain  in  the  same  remote  province  where  they  and 
the  six  prisoners  mentioned  above  were  held.  There  have  been  no  reports  of  other 
political  prisoners  in  the  last  few  years. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — At  the 
same  time  that  it  sought  to  liberalize  the  economy,  the  Government  relaxed  some 
elements  of  state  control,  including  its  rigorous  police  monitoring  of  personal  and 
business  activities  and  enforcement  of  the  nighttime  curfew.  However,  while  the 
Constitution  prohibits  arrests  or  searches  in  homes  without  a  warrant  or  authoriza- 


833 

tion,  the  security  bureaus  may  authorize  search  and  seizure  by  themselves  rather 
than  by  judicial  authority.  The  GJovemment  and  the  Party  continue  to  monitor  citi- 
zens sporadically  through  a  system  of  neighborhood  and  workplace  committees.  TTie 
neighborhood  committees  also  have  responsibility  for  maintaining  public  order  and 
reporting  "bad  elements"  to  the  police.  These  committees  usually  concern  themselves 
more  with  street  crime  and  instances  of  moral  turpitude  than  with  political  activ- 
ism. The  degree  of  surveillance  and  control  varies  from  province  to  province,  but 
overall  has  oiminished  considerably  in  recent  years. 

The  Penal  Code  forbids  telephone  monitoring  without  proper  authorization,  but 
the  security  bureaus  are  believed  to  authorize  such  monitoring  themselves.  The 
Government  continued  to  monitor  international  mail  and  telephone  calls,  probably 
including  some  faxes,  although  the  increasing  number  of  such  calls  limited  tne  scope 
of  such  surveillance. 

In  May  the  National  Assembly  passed  a  new  land  law  that  reaffirmed  the  con- 
stitutional provision  that  land  is  tne  property  of  the  national  community.  The  law 
sets  standards  for  the  size  of  land  holdings,  but  parties  may  lease  additional  land 
from  the  State.  Individuals  mav  acauire  land  use  rights  throudi  state  grants,  trans- 
fer or  inheritance.  While  the  law  does  not  recognize  the  land  claims  of  those  who 
fled  abroad,  claims  for  houses  and  physical  property  are  recognized.  In  the  past, 
many  citizens  who  fled  the  country  have  regained  confiscated  property  by  dem- 
onstrating their  intent  to  repatriate. 

Contact  between  ordinary  citizens  and  foreigners  has  increased  in  recent  years  as 
restrictions  such  as  the  requirement  for  government  approval  of  invitations  to  most 
foreigners'  homes  are  no  longer  enforced.  The  Government  allows  citizens  to  marry 
foreigners,  but  only  with  its  prior  approval.  Marriages  without  government  approval 
may  be  annulled,  with  both  partners  subject  to  fine  and  arrest. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Despite  the  constitutional  provisions  for  free- 
dom of  speech  and  the  press,  the  Government  exerts  broad  control  over  the  exercise 
of  these  ireedoms  and  has  reacted  harshly  to  expressions  of  political  dissent.  Three 
persons  arrested  in  1990  after  persisting  in  public  criticism  of  party  policies  and 
calling  for  fundamental  political  and  economic  change,  each  received  14-year  sen- 
tences in  1992  (see  Section  I.e.).  The  Penal  Ccfde  forbids  slandering  the  State,  dis- 
torting party  or  state  policies,  and  spreading  false  rumors  conducive  to  disorder.  It 
also  prohibits  disseminating  books  and  other  materials  that  authorities  deem  inde- 
cent or  that  would  assail  the  national  culture. 

All  domestically  produced  newspapers  and  radio  and  television  are  controlled  by 
the  Government.  Local  news  in  all  media  reflect  government  policy;  however,  foreign 
news  reports,  including  those  from  Western  sources,  are  usually  translated  without 
bias.  In  recent  years,  tne  Government  has  relaxed  its  control  of  the  flow  of  informa- 
tion from  abroad,  and  Thai  and  Western  newspapers  and  magazines  have  been  sold 
in  the  towns  where  there  is  demand  for  them.  The  Government  makes  no  effort  to 
discourage  reception  of  Thai  radio  or  television  broadcasts.  These  are  widely  re- 
ceived nationwide  via  an  increasing  number  of  satellite  dishes. 

The  Government  requires  registration  of  satellite  television  receiving  dishes  and 
payment  of  a  one-time  licensing  fee  for  their  installation,  but  otherwise  makes  no 
effort  to  restrict  their  use.  In  1997  the  number  of  such  dishes  continued  to  increase, 
both  in  major  urban  areas  and  in  remote  provincial  and  district  towns.  The  Cable 
News  Network  (CNN),  the  British  Broadcasting  Corporation  (BBC),  and  several  sta- 
tions in  Thailand  are  among  the  many  channels  available  to  satellite  dish  owners. 

The  Government  prohibits  pornographic  or  politically  inflammatory  video- 
cassettes.  In  late  1994  the  Vientiane  Municipality  imposed  restrictions  governing 
the  content  of  music  played  in  night  clubs  and  outlawed  karaoke  in  order  to 
strengthen  Lao  culture  against  its  perceived  erosion  by  foreign  influences.  Enforce- 
ment of  these  restrictions,  lax  in  recent  years,  was  stepped  up  in  1997. 

The  Government  restricts  academic  freedom;  however,  it  has  relaxed  its  restric- 
tions in  certain  areas.  The  Ministry  of  Education  still  approves  all  grants  for  study 
and  research  abroad,  and  the  (jovemment  also  monitors  and  may  restrict  the  activi- 
ties of  Western  scholars  doing  research  in  Laos.  However,  the  Government,  which 
once  limited  the  foreign  travel  of  academicians  and  professionals,  now  actively  solic- 
its scholarships  and  training  programs  abroad  from  donor  countries.  Groups  of  30 
or  more  professionals  have  traveled  to  Singapore  and  elsewhere  in  recent  years  for 
training  related  to  membership  in  ASEAN. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Penal  Code  prohibits  dem- 
onstrations or  protest  marches  aimed  at  causing  turmoil  and  social  instability,  pre- 
scribing penalties  of  from  1  to  5  years'  imprisonment.  Although  the  Constitution 
provides  citizens  with  the  right  to  organize  and  join  associations,  all  associations  are 


834 

party-controlled,  and  their  products  reflect  official  policy.  Foreigners  are  not  allowed 
to  engage  in  political  activity. 

c.  Freedom  of  Religion. — The  Constitution  contains  provisions  for  religious  free- 
dom. In  practice,  the  Government  continues  to  restrict  freedom  of  religion,  esp>ecially 
for  some  Christian  denominations. 

Links  with  coreligionists  and  religious  associations  in  other  countries  require  gov- 
ernment approval.  Although  the  Government  permits  foreign  nongovernmental  or- 
f^anizations  with  religious  afliliations  to  work  in  the  country,  it  prohibits  foreigners 
rom  proselytizing.  The  Government  also  restricts  the  import  of  foreign  religious 
publications  and  artifacts. 

The  enforcement  of  these  regulations  varies  by  province.  For  example,  the  Catho- 
lic Church  is  unable  to  operate  in  the  highlands  and  much  of  the  north,  but  Catho- 
lics can  openly  attend  churches  and  chapels  in  central  and  southern  Laos.  In  No- 
vember a  Catholic  bishop  was  installed  in  the  southern  province  of  Khamoune.  Sev- 
eral Protestant  denominations  operate  more  than  100  churches  throughout  the 
country.  The  Government  granted  approval  to  four  Protestant  congregations  for  the 
renovation  or  construction  of  church  buildings  in  the  Vientiane  area.  There  continue 
to  be  reports  that  some  local  authorities  harassed  practicing  Christians.  The  persist- 
ence of  such  reports  underscores  the  continuing  suspicion  on  the  part  of  authorities 
toward  some  parts  of  the  Lao  Christian  community. 

By  comparison,  the  Government  openly  encourages  Buddhism  and  supports  Bud- 
dhist organizations.  High-ranking  government  omcials  routinely  attend  religious 
functions,  and  Buddhist  clergy  are  prominently  featured  at  important  state  and 
party  functions.  The  Government  permits  Buddhist  festivals  without  hindrance. 

Two  mosques  and  a  Baha'i  center  operate  openly  in  Vientiane. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  are  no  domestic  travel  restrictions  for  citizens  and  private  foreign 
visitors  except  in  areas  considered  unsafe.  Most  citizens  can  easily  obtain  passports 
and  exit  permits  from  the  Ministry  of  Foreign  Affairs  for  personal  travel  abroad. 
Border  crossing  permits  to  visit  Thailand  are  routinely  available  from  local  village 
committees  for  a  modest  issuance  fee,  and  the  Government  does  not  appear  to  inter- 
fere with  persons  desiring  to  emigrate.  Except  for  around  30  persons  convicted  in 
absentia  in  1975  for  antigovemment  activities,  citizens  have  the  right  of  return. 

The  stated  government  policy  since  1977  is  to  welcome  back  the  approximately 
10  percent  of  the  population  that  fled  after  the  change  of  government  in  1975.  In 
recent  years,  an  increasing  number  of  ethnic  Lao  living  abroad  returned  to  visit; 
several  remained  to  operate  businesses. 

Laos,  Thailand,  and  the  U.N.  High  Commissioner  for  Refugees  (UNHCR)  are  co- 
operating on  the  return  of  the  Lao  asylum  seekers  in  camps  in  Thailand  who  volun- 
teer to  return  to  Laos.  This  program  includes  provisions  for  monitoring  returnees 
to  ensure  that  they  are  given  the  same  ri^ts  and  treatment  as  resident  Lao.  Ac- 
cording to  the  Ul^CR  and  voluntary  agencies,  returnees  are  not  subject  to  dis- 
crimination or  persecution,  and  returnees  are  allowed  to  return  with  all  the  belong- 
ings they  accumulated  while  outside  the  country.  There  were  no  forcible  repatri- 
ations to  Laos  in  1997.  However,  the  UNHCR  assisted  the  voluntary  repatriation 
of  222  Lao  from  China,  33  from  Thailand,  and  26  from  other  countries  auring  the 
year.  No  new  Lao  asylum  seekers  arrived  in  Thailand. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  ability  to  change  their  government,  despite  constitutional 
provisions  for  the  public  election  of  National  Assembly  members.  While  the  Con- 
stitution does  not  explicitly  exclude  formation  of  multiple  political  parties,  it  assigns 
to  the  ruling  LPRP  the  leading  role  in  the  political  system.  All  candidates  needed 
the  approval  of  the  LPRP  before  legislative  elections  held  in  December.  While  no 
other  parties  were  allowed,  four  of  the  candidates  were  not  nominated  by  party  or- 
ganizations. One  winning  candidate  was  not  an  LPRP  member.  While  voting  was 
not  mandated  by  law,  many  voters  believed  that  it  was  so.  Reported  voter  turnout 
was  98  percent. 

The  percentage  of  women  in  the  National  Assembly  rose  from  a  previous  level  of 
9  percent  to  20  percent  as  20  of  the  27  female  candidates  won  seats.  The  number 
of  ethnic  minority  members  also  increased  to  levels  that  reflect  national  ethnic  di- 
versity. Three  members  of  the  49-member  LPRP  Central  Committee  are  women. 
There  are  no  women  in  the  Politburo  or  the  Council  of  Ministers. 

Men  of  lowland  Lao  origin  dominate  the  upper  echelons  of  the  party  and  the  Gov- 
ernment. Nonetheless,  the  Prime  Minister,  the  Deputy  Prime  Minister,  the  Minister 
of  Interior  and  35  members  of  the  National  Assembly  are  believed  to  be  members 
of  ethnic  minority  groups.  Members  of  these  minorities  ollen  adopt  lowland  Lao 


835 

names  as  they  are  increasingly  assimilated  into  mainstream  society,  thus  making 
it  difficult  to  ascertain  accurately  the  number  of  ethnic  minority  members  in  any 
organization. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  no  domestic  human  rights  groups.  Any  organization  wishing  to  inves- 
tigate and  publicly  criticize  the  Government's  human  rights  policies  would  face  seri- 
ous obstacles  if  it  v/ere  permitted  to  oi>erate  at  all.  The  Government  generally  does 
not  cooperate  with  international  human  ri^ts  organizations. 

The  Government  maintains  ongoing  contacts  with  the  International  Committee  of 
the  Red  Cross.  The  Government  has  permitted  U.N.  human  rights  observers  to  mon- 
itor the  treatment  of  returning  refugees  without  interference,  In  September  the  Gov- 
ernment designated  the  Foreign  Ministry's  Department  of  Treaties  and  Inter- 
national Laws  as  the  organ  responsible  for  responding  to  inquiries  about  specific 
human  rights  questions. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equal  treatment  under  the  law  for  all  citizens  with- 
out regard  to  sex,  social  status,  education,  faith,  or  ethnicity.  Although  the  Govern- 
ment took  action  when  cases  of  discrimination  came  to  the  attention  of  high-level 
officials,  the  legal  mechanism  whereby  a  citizen  may  bring  charges  of  discrimination 
against  an  individual  or  organization  is  neither  widely  developed  nor  widely  under- 
stood amongthe  general  population. 

Women.— There  are  reports  that  domestic  violence  against  women  occurs,  al- 
though it  is  not  widespread.  Sexual  harassment  and  rape  are  reportedly  rare.  In 
cases  of  rape  that  are  tried  in  court,  defendants  are  generally  convicted.  The  Gov- 
ernment has  increased  monitoring  and  educational  programs  provided  by  the  Wom- 
en's Union  and  the  Youth  Union,  both  party-sanctioned  organizations,  designed  to 
educate  girls  and  young  women  about  the  schemes  of  recruiters  for  brothels  and 
sweatshops  in  Thailand  and  elsewhere.  The  Women's  Union  worked  closely  with 
Thai  nongovernmental  organizations  to  bring  justice  in  the  case  of  three  Lao  women 
raped  while  incarcerated  in  Thailand. 

In  the  past,  the  Government  has  prosecuted  some  persons  for  involvement  in  such 
recruiting  activities.  During  the  year,  law  enforcement  agencies  conducted  several 
raids  of  entertainment  establishments  accused  of  fostering  prostitution. 

The  Constitution  provides  for  equal  rights  for  women,  and  the  Lao  Women's 
Union  operates  nationally  to  promote  the  position  of  women  in  Lao  society.  How- 
ever, discrimination  against  women  is  not  generalized.  There  persist  varying  de- 
grees of  traditional  culturally  based  discrimination,  with  greater  discrimination 
practiced  among  some  hill  tribes.  Many  women  occupy  responsible  positions  in  the 
civil  service  and  private  business,  and  in  urban  areas  their  incomes  are  often  higher 
than  those  of  men.  The  Family  Code  prohibits  legal  discrimination  in  marriage  and 
inheritance. 

The  Government  has  increased  support  for  the  Women  in  Development  Program, 
which  is  designed  in  part  to  increase  the  participation  of  women  in  the  political  sys- 
tem. 

Children. — Government  resources  are  inadequate  to  provide  fully  for  children's 
basic  health  and  educational  needs.  Education  is  compulsory  through  the  fifth 
grade,  but  children  from  rural  areas  and  poor  urban  families  rarely  comply  with  this 
requirement.  Violence  against  children  is  prohibited  by  law.  Reports  of  the  physical 
abuse  of  children  are  rare. 

The  Government  is  increasingly  concerned  about  Lao  children  being  lured  for  sex- 
ual exploitation  and  slave  labor  in  other  countries  and  has  established  a  National 
Commission  on  Mothers  and  Children  chaired  by  the  foreign  minister.  The  commis- 
sion, working  with  the  Lao  Women's  Union,  Youth  Union,  Justice  Ministry  and 
Labor  Ministry,  has  conducted  workshops  around  the  country  designed  to  make  par- 
ents and  teenagers  aware  of  the  dangers. 

People  With  Disabilities. — With  donor  assistance,  the  Government  is  implement- 
ing limited  programs  for  the  disabled,  especially  amputees.  The  law  does  not  man- 
date accessibility  to  buildings  or  government  services  for  disabled  persons. 

National  / Racial  / Ethnic  Minorities. — The  Constitution  provides  for  equal  rights 
for  all  minorities,  and  there  is  no  legal  discrimination  against  them.  However,  soci- 
etal discrimination  persists. 

Approximately  half  the  population  is  ethnic  Lao,  also  called  'lowland  Lao."  Most 
of  the  remainder  is  a  mosaic  of  diverse  upland  hill  tribes  whose  members,  if  bom 
in  Laos,  are  Lao  citizens.  There  are  also  ethnic  Vietnamese  and  Chinese  minorities. 


836 

particularly  in  the  towns.  There  is  a  small  community  of  South  Asian  origin.  The 
implementation  in  1994  of  the  1990  Law  on  Nationality  provided  a  means  lor  these 
Vietnamese  and  Chinese  minorities  to  regularize  their  Lao  citizenship.  The  Govern- 
ment encourages  the  preservation  of  minority  cultures  and  traditions;  however,  due 
to  remote  location  and  difficult  access,  minority  tribes  have  little  voice  in  govern- 
ment decisions  affecting  their  lands  and  the  allocation  of  natural  resources.  Hill 
tribe  interaction  with  the  Government  is  limited  by  poor  transportation  and  commu- 
nication links  and  a  shortage  of  government  resources. 

The  Hmong  are  one  of  the  largest  and  most  prominent  highland  minority  groups. 
They  split  along  clan  lines  during  the  U.S.  war  with  Vietnam;  many  were  strongly 
anti-Communist  while  others  sided  with  the  Lao  and  Vietnamese  Communists.  In 
the  1970*8  and  1980'8  the  Government  repressed  many  who  had  fought  against  it 
prior  to  1975,  especially  those  that  it  perceived  to  be  resisting  its  authority.  The 
Government  continued  to  assist  citizens,  largely  members  of  ethnic  minorities,  who 
returned  to  Laos  after  having  fled  following  the  war  in  Indochina  ending  in  1975. 
Central  and  local  government  officials  worlced  with  international  organizations  to 
provide  land  and  a  sustainable  level  of  economic  security. 

In  recent  years,  the  Government  has  initiated  projects  designed  to  integrate  the 
Hmong  into  the  general  society,  and  an  increasing  number  of  those  who  fled  the 
country  after  1975  have  repatriated  to  Laos  without  suffering  persecution.  Two  U.N. 
observers  who  monitored  repatriation  efforts  reported  no  incidents  of  abuse  or  dis- 
crimination during  the  year. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Although  the  Constitution  provides  citizens  with  the 
right  to  organize  and  join  associations,  the  party  controls  all  associations,  and  all 
conform  to  official  party  policy  (see  Section  2.b.). 

Subsistence  farmers  comprise  an  estimated  85  percent  of  the  woric  force.  The 
State  employs  the  majority  of  salaried  workers,  although  this  situation  is  changing 
as  the  Government  reduces  the  number  of  its  employees  and  privatizes  state  enter- 

E rises,  and  as  foreign  investors  open  new  factories  and  businesses.  Under  the  1990 
abor  Code,  labor  unions  can  be  formed  in  private  enterprises  as  long  as  they  oper- 
ate within  the  framework  of  the  officially  sanctioned  Federation  of  Lao  Trade 
Unions  (FLTU),  which  in  turn  is  controlled  by  the  LPRP.  Most  of  the  FLTU's  80,000 
members  work  in  the  public  sector,  overwhelmingly  as  public  servants. 

Strikes  are  not  prohibited  under  the  law,  but  the  Government's  ban  on  "desta- 
bilizing subversive  activities"  makes  a  strike  unlikely,  and  none  was  reported  this 
year  (see  Section  2.a.). 

With  advice  from  the  International  Labor  Organization  (ILO),  including  a  foreign 
expert  provided  by  the  ILO  to  work  with  the  Ministry  of  Labor  and  Social  Welfare, 
the  Government  has  revised  the  Labor  Code  in  an  effort  to  clarify  rights  and  obliga- 
tions of  workers  and  employers. 

The  extent  to  which  the  FLTU  is  free  to  engage  in  contacts  and  affiliate  with  for- 
eign labor  organizations  is  unknown. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — There  is  no  right  to  organize 
and  bargain  collectively.  The  Labor  Code  stipulates  that  disputes  be  resolved 
through  workplace  committees  composed  of  employers,  representatives  of  the  local 
labor  union,  and  representatives  of  the  FLTU,  with  final  authority  residing  in  the 
Ministry  of  Labor  and  Social  Welfare.  Labor  disputes  are  infrequent.  The  Govern- 
ment sets  wages  and  salaries  for  government  employees,  while  management  sets 
wages  and  salaries  for  private  business  employees. 

Tne  Labor  Code  stipulates  that  employers  may  not  fire  employees  for  conducting 
trade  union  activities,  for  lodging  complaints  against  employers  about  labor  law  im- 

f>lementation,  or  for  cooperating  with  officials  on  labor  law  implementation  and 
abor  disputes.  Workplace  committees  are  one  mechanism  used  lor  resolving  com- 
plaints. 
There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Labor  Code  prohibits  forced 
labor  except  in  time  of  war  or  national  disaster,  when  the  State  may  conscript  labor- 
ers. The  code  also  applies  to  children  under  age  15,  and  the  law  is  effectively  en- 
forced. However,  an  increasing  number  of  children  have  been  lured  into  other  coun- 
tries for  sexual  exploitation  and  slave  labor  (see  Section  6.d.). 

d.  Minimum  Age  for  Employment  of  Children. — The  Labor  Code  prohibits  forced 
labor,  including  labor  performed  by  children  under  age  15,  and  the  law  is  effectively 
enforced  (see  Section  6.c.).  Under  the  Code,  children  under  the  age  of  15  may  not 
be  recruited  for  employment.  However,  many  children  help  their  families  on  farms 
or  in  shops.  The  Labor  Code  accordingly  provides  that  children  may  work  for  their 
families,  provided  that  such  children  are  not  engaged  in  dangerous  or  difficult  woric. 


837 

Such  employment  of  children  is  common  in  urban  shops,  but  rare  in  industrial  en- 
terprises. The  Ministries  of  Interior  and  Justice  are  responsible  for  enforcing  these 
provisions,  but  enforcement  is  ineffective  due  to  a  lack  of  inspectors  and  other  re- 
sources. Education  is  compulsory  through  the  fifth  grade,  but  this  requirement  is 
rarely  observed  in  the  rural  areas  or  among  the  urban  poor. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  provides  for  a  broad  range  of 
worker  entitlements,  including  a  workweek  limited  to  48  hours  (36  in  dangerous  ac- 
tivities), safe  working  conditions,  and  higher  compensation  for  dangerous  work.  The 
code  also  provides  for  at  least  1  day  of  rest  per  week.  Employers  are  responsible 
for  all  expenses  for  a  worker  injured  or  killed  on  the  job,  a  requirement  generally 
fulfilled  by  employers  in  the  formal  economic  sector.  The  daily  minimum  wage  is 
$0.75  (1,400  kip),  which  is  insufficient  to  provide  a  decent  standard  of  living  for  a 
worker  and  family.  Most  civil  servants  receive  inadequate  pay.  However,  few  fami- 
lies in  the  wage  economy  depend  on  only  one  breadwinner.  Some  piecework  employ- 
ees, especially  on  construction  sites,  earn  less  than  the  minimum  wage.  Many  are 
illegal  immigrants,  particularly  from  Vietnam,  and  are  more  vulnerable  to  exploi- 
tation by  employers.  Although  workplace  inspections  have  reportedly  increased,  the 
Ministry  of  Labor  and  Social  Welfare  lacks  the  personnel  and  budgetary  resources 
to  enforce  the  Labor  Code  effectively.  The  Labor  Code  has  no  specific  provision  al- 
lowing workers  to  remove  themselves  from  a  dangerous  situation  without  jeopardiz- 
ing their  employment. 


MALAYSIA 

Malaysia  is  a  federation  of  13  states  with  a  parliamentary  system  of  government 
based  on  periodic  multiparty  elections  in  which  the  ruling  National  Front  coalition 
has  held  power  since  1957.  The  coalition  headed  by  Prime  Minister  Mahathir  bin 
Mohamad  increased  its  majority  in  a  1995  general  election.  Opposition  parties  ac- 
tively contest  elections,  although  they  hold  only  about  12  percent  of  the  seats  in  the 
federal  Parliament.  An  opposition  party  controls  one  state  government.  The  Con- 
stitution provides  for  an  independent  judiciary,  however,  government-sponsored  con- 
stitutional amendments  and  legislation  have  undermined  judicial  independence  and 
increased  executive  influence  over  the  judiciary  in  sensitive  cases. 

The  Royal  Malaysian  Police  have  primary  responsibility  for  internal  security  mat- 
ters. The  police  report  to  and  are  under  the  effective  control  of  the  Minister  of  Home 
Affairs.  The  Prime  Minister  also  holds  the  Home  Affairs  portfolio.  There  have  been 
instances  of  abuse  by  some  police  officers. 

Foreign  direct  investment  has  played  a  vital  role  in  economic  development.  High 
growth  rates  in  exports  of  manufactured  goods,  such  as  semiconductors,  have  great- 
ly reduced  reliance  on  traditional  commodity  exports  such  as  tin,  rubber,  and  palm 
oil.  Consistently  strong  economic  growth  has  led  to  significant  reductions  in  poverty, 
an  improved  standard  of  living,  and  more  equal  income  distribution.  In  the  second 
half  of  1997,  the  effects  of  the  regional  financial  crisis,  in  addition  to  growing  inter- 
nationed  concerns  over  economic  policy,  contributed  to  a  marked  depreciation  of  the 
ringgit  (the  national  currency)  and  a  substantial  decline  in  the  Kuala  Lumpur  stock 
exchange. 

The  Government  generally  respected  the  human  rights  of  its  citizens;  however, 
there  were  problems  in  some  areas.  The  Government  continued  to  arrest  and  detain 
citizens  without  trial,  and  prolonged  pretrial  detention  is  a  problem.  The  Govern- 
ment sometimes  limited  judicial  independence  and  freedom  of  assembly,  association, 
speech,  and  the  press.  Partly  as  a  result  of  these  limits,  opposition  parties  could  not 
compete  on  equal  terms  with  the  long-ruling  governing  coalition.  A  Western  cor- 
respondent was  sentenced  to  3  months'  imprisonment  for  contempt  of  court  in  a  case 
that  raised  questions  about  freedom  of  the  press  and  judicial  impartiality.  A  United 
Nations  special  rapporteur  and  a  prominent  jurist  faced  libel  charges  for  their  criti- 
cism of  the  judiciary.  The  trial  and  harassment  of  a  prominent  human  rights  activ- 
ist on  criminal  charges  under  the  Publications  Act  also  continued.  Religious  worship 
is  subject  to  some  restrictions.  The  Government  continued  to  impose  long-term  re- 
strictions on  movement  without  due  process  hearings.  Violence  against  women  and 
child  abuse  remain  problems.  Police  did  not  always  act  on  reports  of  domestic  vio- 
lence. Some  discrimination  against  indigenous  people  and  ethnic  minorities,  and  re- 
strictions on  worker  rights,  persisted. 


838 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  from: 

a.  Political  and  Other  Extrajudicial  Killing. — ^There  were  no  reports  of  political 
killings. 

In  a  June  raid  on  illegal  aliens  in  Johor,  soldiers  killed  one  illegal  alien.  Four  sol- 
diers were  later  charged  with  culpable  homicide  not  amounting  to  murder;  at  year's 
end  the  case  was  still  pending.  Because  of  this  incident,  Uie  Defense  Minister  and 
Police  Inspector  General  later  announced  an  agreement  on  guidelines  for  future 
raids. 

Human  ri^ts  groups  also  raised  questions  about  several  cases  of  prisoners  who 
died  while  in  poRce  custody.  In  January  the  father  of  a  suspect  allegedly  found 
hanged  in  his  cell  while  being  detained  without  trial  under  the  Dangerous  Drugs 
Act  (after  being  acquitted  on  criminal  charges)  filed  a  complaint  aUeging  police 
abuse.  In  June  a  suspected  serial  rapist  being  escorted  by  four  policemen  was  shot 
and  killed  "after  a  struggle."  In  August  a  handcuffed  Indonesian  suspected  of  theft 
died  of  severe  head  wounds  after  he  fell  to  the  ground  while  being  escorted  by  police 
officers. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatm.ent  or  Punishment. — 
There  continued  to  be  allegations  that  police  officers  abused  criminal  suspects  and 
illegal  alien  detainees  during  interrogation  and  detention.  Abuses  included  strong 
psychological  pressure  and  sometimes  physical  mistreatment.  In  some  cases,  au- 
thorities nave  investigated  police  officials  for  such  abuses,  but,  because  the  Govern- 
ment does  not  routinely  release  information  on  the  results  of  the  investigations, 
whether  those  responsible  for  abuses  are  punished  is  not  always  known. 

In  September  police  announced  the  suspension  of  an  officer  pending  a  criminal  in- 
vestigation for  the  beating  of  a  14-year-old  girl. 

Criminal  law  prescribes  caning  as  an  additional  punishment  to  imprisonment  for 
those  convicted  of  some  nonviolent  crimes  such  as  narcotics  possession,  criminal 
breach  of  trust,  and  alien  smuggling.  Judges  routinely  include  caning  in  sentences 
of  those  convicted  of  such  crimes  as  kidnaping,  rape,  and  robbery.  The  caning,  which 
is  carried  out  with  a  V2-inch-thick  wooden  cane,  commonly  causes  welts,  and  some- 
times causes  scarring. 

Organizers  canceled  a  planned  conference  on  police  abuse  in  response  to  a  warn- 
ing of  possible  prosecution  (see  Section  l.d.).  Over  a  dozen  police  officers  were  de- 
tained lor  alleged  involvement  in  criminal  activities  (see  Section  l.d.). 

Prison  conditions  generally  meet  minimum  international  standards.  Prisons  meet 
basic  human  needs,  including  medical  care,  sanitation,  nutrition,  and  family  access. 
Overcrowding  is  a  problem.  In  September  the  Prisons  Department  said  that  the 
total  prison  population  exceeded  the  facilities'  "comfortable  capacitj^  by  12.3  per- 
cent. 

Prison  guards  have  been  accused  and  convicted  of  criminal  wrongdoing,  mostly  in 
nonviolent  narcotics  cases.  "Security"  prisoners  (see  Section  l.d.)  are  detained  in  a 
separate  detention  center.  Conditions  there  are  not  significantly  different  from  those 
for  the  regular  prison  population. 

In  April  police  arrested  a  gang  including  officials  of  the  Home  Affairs  Ministry, 
lawyers,  and  a  police  officer  for  extorting  money  from  families  of  prisoners  held 
under  the  Emergency  Ordinance  (see  Section  l.d.).  In  return  for  these  payments,  de- 
tainees were  allegedly  released  from  restricted  residence  provisions. 

Although  the  Government  still  holds  some  illegal  aliens  under  inhuman  condi- 
tions, conditions  of  detention  for  aliens  generally  improved. 

The  Government  has  not  permitted  visits  to  prisons  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^Three  laws  permit  the  (jovemment  to  de- 
tain suspects  without  judicial  review  or  the  filing  of  formal  charges:  The  1960  Inter- 
nal Security  Act  (ISA),  the  Emergency  (Public  Order  and  Prevention  of  Crime)  Ordi- 
nance of  1969,  and  the  Dangerous  Drugs  Act  of  1985.  The  Government  continued 
to  use  long-term  detention  without  trial  in  cases  alleged  to  involve  national  security 
(including  economic  security),  as  well  as  in  narcotics  trafficking  and  other  cases.  Ac- 
cording to  the  Home  Affairs  Ministry,  in  1996  there  were  a  total  of  2,008  people 
being  detained  without  trial  under  these  laws,  most  held  under  the  Dangerous 
Drugs  Act.  The  Government  has  not  announced  the  total  number  of  detainees  in 
1997. 

Passed  more  than  30  years  ago,  when  there  was  an  active  Communist  insurgency, 
the  ISA  empowers  the  police  to  hold  for  up  to  60  days  any  person  who  may  act  "m 
a  manner  prejudicial  to  the  security  of  Malaysia."  The  Minister  of  Home  Affairs  may 
authorize,  in  writing,  further  detention  for  periods  of  up  to  2  years.  Those  released 
before  the  end  of  their  detention  period  are  subject  to  "imposed  restricted  condi- 


839 

tions,"  for  the  balance  of  their  detention  periods.  These  conditions  limit  their  rights 
to  freedom  of  speech,  association,  and  travel  outside  the  country. 

According  to  the  Grovemment,  the  goal  of  the  ISA  is  to  control  internal  subversion. 
In  fact,  the  act  is  now  used  for  other  purposes.  The  Government  uses  the  ISA 
against  passport  and  identity  card  forgers  and  against  telecommunications  fraud.  In 
April  the  Deputy  Home  Ailairs  Minister  stated  that  no  one  was  under  detention 
under  the  ISA  for  political  reasons.  As  of  April,  189  people  were  being  detained  for 
document  forgery.  In  July  the  Police  Inspector  General  said  that  72  people  were  de- 
tained under  the  ISA  for  telecommunications  fraud  (primarily  the  illegal  cloning  of 
cellular  phones).  In  November  10  people,  2  of  whom  were  over  75  years  old,  were 
detained  under  the  ISA  for  spreading  Shi'ite  teachings.  Two  of  the  prisoners  were 
later  released  on  a  technicality,  but  rearrested  (again  under  the  ISA)  just  minutes 
after  they  left  the  courtroom.  Police  released  two  of  these  detainees  in  late  Decem- 
ber (see  Section  2.c.).  In  December  police  detained  three  people,  including  two  civil 
servants,  under  the  ISA  for  issuing  forged  identity  cards.  Also  in  December,  police 
detained  nine  Nigerians  under  the  ISA  for  bank  fraud.  According  to  prison  officials, 
at  the  end  of  the  year,  slightly  under  200  prisoners  were  under  ISA  detention. 

In  1997  all  members  oithe  outlawed  Islamic  fundamentalist  movement  Al  Arqam 
who  were  still  in  detention  after  being  previously  arrested  under  the  ISA  were  re- 
leased. Some  members  remain  under  restricted  residence. 

Security  authorities  sometimes  wait  several  days  after  detention  before  informing 
a  detainee's  family.  Even  when  there  are  no  formal  charges,  the  authorities  must 
inform  detainees  of  the  accusations  against  them  and  permit  them  to  appeal  to  an 
advisory  board  for  review  every  6  months.  Advisory  board  decisions  and  rec- 
ommendations, however,  are  not  binding  on  the  Home  Affairs  Minister,  are  not 
made  public,  and  often  are  not  shown  to  the  detainee.  In  the  past,  a  number  of  ISA 
detainees  have  refused  to  participate  in  the  review  process  under  these  cir- 
cumstances. 

Amendments  to  the  ISA  severely  limit  judicial  review  of  detentions.  Opposition 
leaders  and  human  rights  organizations  continued  to  call  on  the  Government  to  re- 
peal the  ISA  and  other  legislation  that  deprive  people  of  the  right  to  defend  them- 
selves in  court.  In  December  the  Bar  Council  sponsored  a  seminar  on  the  ISA  and 
called  for  its  repeal. 

The  Govenunent  has  been  reviewing  the  ISA  since  May  1995.  In  April  the  Deputy 
Home  Minister  said  that  the  Government  would  revise  but  not  abolish  it.  In  May 
he  said  that  sentencing  under  the  revised  ISA  would  be  more  flexible  and  that  sen- 
tences would  sometimes  exceed  the  current  limit  of  2  years. 

In  early  September,  after  a  sharp  fall  in  the  ringgit  and  the  Kuala  Lumpur  stock 
exchange,  the  Police  Inspector  General  said  that  the  Government  would  not  hesitate 
to  use  the  ISA  against  local  "economic  saboteurs"  involved  in  suppxjrting  "rogue  for- 
eign exchange  speculators."  The  Deputy  Prime  Minister  later  stated  that,  although 
the  Government  reserved  this  right  in  principle,  it  was  not  currently  necessary  to 
pursue  such  prosecutions;  no  one  has  been  prosecuted  under  the  ISA  for  financial 
speculation. 

Organizers  canceled  a  planned  January  nongovernmental  organizations'  (NGO's) 
conference  on  police  abuse  after  the  Government  warned  that  NGO's  that  "baited" 
the  Government  might  be  prosecuted  under  the  ISA. 

Under  the  1969  Emergency  Ordinance,  which  was  instituted  after  intercommunal 
riots  in  that  year,  the  Home  Affairs  Minister  can  issue  a  detention  order  for  up  to 
2  years  against  a  person  if  he  deems  it  necessary  to  protect  public  order  or  for  the 
"suppression  of  violence  or  the  prevention  of  crimes  involving  violence."  According 
to  the  Home  Affairs  Ministry,  there  were  56  people  in  detention  under  the  Emer- 
gency Ordinance  in  1996,  compared  with  447  in  1995.  The  Government  has  not  dis- 
closed the  number  of  detainees  in  1997. 

Police  announced  in  June  that  14  police  officers  had  been  detained  without  trial 
under  the  Emergency  Ordinance  for  alleged  involvement  in  criminal  activities. 

Provisions  of  the  1985  amendments  to  the  Dangerous  Drugs  Act  give  the  Govern- 
ment specific  power  to  detain  suspected  drug  tramckers.  The  suspects  may  be  held 
for  up  to  39  days  before  the  Home  Affairs  Minister  must  issue  a  detention  order. 
Once  the  Ministry  has  issued  an  order,  the  detainee  is  entitled  to  a  habeas  corpus 
hearing  before  a  court.  In  some  instances,  the  judge  may  order  the  detainee's  re- 
lease. Suspects  may  be  held  without  charge  for  successive  2-year  intervals,  with 
Keriodic  review  by  an  advisory  board,  whose  opinion  is  binding  on  the  Home  Affairs 
linister.  However,  the  review  process  contains  none  of  the  due  process  rights  that 
a  defendant  would  have  in  a  court  proceeding.  According  to  the  National  Narcotics 
Agency,  from  January  to  September,  1,081  persons  were  arrested  under  the  amend- 
ments that  provide  for  detention  without  trial,  an  increase  of  24  percent  over  1996. 
The  total  number  of  people  under  detention  has  not  been  disclosed.  The  police  fre- 


840 

quently  rearrest  suspected  narcotics  traffickers  and  firearms  ofTendere  under  the 
preventive  measures  clauses  of  the  Dangerous  Drugs  Act  after  an  acquittal  in  court 
on  formal  charges. 

Immigration  laws  are  used  to  detain  possible  illegal  aliens  without  trial  or  hear- 
ing. The  detainees  are  not  accorded  any  administrative  or  legal  hearings  and  are 
released  only  after  their  employers  prove  their  legal  status.  Those  who  can  produce 
legal  documents  are  normally  released  immediately;  those  who  cannot  prove  their 
legal  status  may  be  held  for  extended  periods  before  deportation.  Illegal  aliens  are 
kept  in  detention  centers  that  are  separate  from  prisons  (see  Section  I.e.). 

Law  enforcement  authorities  also  used  the  Restricted  Residence  Act  to  restrict 
movements  of  criminal  suspects  for  an  extended  period.  The  act  allows  the  Home 
Afiairs  Ministry  to  place  criminal  suspects  under  restricted  residence  in  a  remote 
district  away  from  home  for  2  years — the  Ministry  is  authorized  to  issue  the  "ban- 
ishment" orders  without  any  judicial  or  administrative  hearings.  Human  rights  ac- 
tivists have  questioned  the  need  for  this  law,  which  was  passed  60  years  ago  under 
venr  different  circumstances,  and  have  called  for  its  repeal.  The  Government  contin- 
ued to  justify  the  act  as  a  necessaiy  tool  and  in  the  past  has  used  it  primarily 
against  vice  and  gambling  offenses.  In  June  the  police  proposed  extending  the  act 
to  commercial  crimes  such  as  copyright  piracy.  In  August  the  Deputy  Home  Min- 
ister proposed  extending  the  act  to  "dishonest  traders"  guilty  of  such  crimes  as  hold- 
ing illegal  sales,  manufacturing  fake  medicine,  selling  adulterated  gasoline,  and  im- 
porting piglets  without  a  license.  However,  no  action  has  been  taken  to  do  so.  The 
Government  has  not  disclosed  how  many  people  are  subject  to  the  Restricted  Resi- 
dence Act,  but  human  rights  activists  estimate  it  to  be  "scores." 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — Past  government  action,  constitutional  amend- 
ments, and  legislation  restricting  judicial  review  have  undermined  judicial  inde- 
pendence and  strengthened  executive  influence  over  the  judiciary  in  sensitive  cases. 
A  number  of  high-profile  cases  continued  to  cast  doubts  on  judicial  impartiality  and 
independence.  Members  of  the  bar  and  other  observers  continued  to  express  serious 
concern  about  this  issue.  Occasionally,  however,  courts  ruled  against  the  Govern- 
ment. In  February,  for  example,  a  court  voided  the  victory  of  a  ruling  party  can- 
didate in  Sarawak  because  of  extensive  bribery  in  the  election  campaign. 

High  courts  have  original  jurisdiction  over  aU  criminal  cases  involving  serious 
crimes  and  most  civil  cases.  Civil  suits  involving  automobile  accidents  and  landlord- 
tenant  disputes  are  heard  by  sessions  courts.  Magistrate's  courts  hear  criminal 
cases  in  wiich  the  maximum  term  of  sentence  does  not  exceed  12  months.  The 
Court  of  Appeal  has  appellate  jurisdiction  over  high  court  and  session  court  deci- 
sions. The  Federal  Court  hears  appeals  of  Court  of^Appeal  decisions.  The  legal  sys- 
tem is  based  on  English  common  law.  Islamic  religious  laws  administered  by  state 
authorities  through  Islamic  courts  bind  ethnic  Malays  and  other  Muslims  in  some 
civil  matters.  The  Government  announced  that  it  would  harmonize  Islamic  law  at 
the  federal  level  and  appoint  an  Islamic  law  federal  attorney  general.  Indigenous 
people  in  Sarawak  and  Sabah  also  have  a  system  of  customary  law  that  is  some- 
times used  to  resolve  matters  such  as  land  disputes  between  tribes. 

Malaysia  also  has  rarely  used  "penghulu"  (village  head)  courts  empowered  to  ad- 
judicate minor  civil  matters. 

Most  civil  and  criminal  proceedings  are  fair  and  open.  The  accused  must  be 
brought  before  a  judge  within  24  hours  of  arrest,  and  charges  must  be  levied  within 
10  days.  Defendants  have  the  right  to  counsel,  bail  is  available,  and  strict  rules  of 
evidence  apply  in  court.  Defendants  may  appeal  court  decisions  to  higher  courts 
and,  in  criminal  cases,  may  also  appeal  for  clemency  to  the  King  or  local  state  rulers 
as  appropriate.  All  criminal  trials,  including  murder  trials,  are  heard  by  a  single 
judge.  Parliament  voted  in  1994  to  amend  the  Criminal  Procedure  Code  to  abolish 
jury  trials  in  death  penalty  cases.  The  defense  in  both  ordinary  criminal  cases  and 
special  security  cases  is  not  entitled  to  a  statement  of  evidence  before  the  trial. 

The  Attorney  General  may  restrict  the  right  to  a  fair  trial  in  criminal  cases,  by 
invoking  the  Essential  (Security  Cases)  Regulations  of  1975.  These  regulations  gov- 
erning trial  procedure  normally  apply  only  in  firearms  cases.  In  cases  tried  under 
these  regulations,  the  standards  for  accepting  self-incriminating  statements  by  de- 
fendants as  evidence  are  less  stringent  than  in  normal  criminal  cases.  Also,  the  au- 
thorities may  hold  the  accused  for  an  unspecified  time  before  making  formal 
charges.  The  Attorney  General  has  the  authority  to  invoke  these  regulations  in 
other  criminal  cases  if  the  Government  determines  that  the  crime  involves  national 
security  considerations,  but  such  cases  are  rare.  There  were  no  cases  involving  this 
restriction  in  1997. 

Following  a  number  of  high-profile  corruption  cases,  the  Government  amended  the 
Anticomiption  Act  in  July.  The  new  law  removes  the  presumption  of  innocence  and 


841 

requires  accused  persons  to  prove  that  their  wealth  was  acquired  legally;  it  is  sched- 
uled to  come  into  effect  in  January  1998. 
In  cases  widely  thought  to  be  politically  motivated,  several  large  Malaysian  com- 

{)anies,  prominent  businessmen,  and  one  prominent  lawyer  have  brought  suits  for 
ibel  and  slander  against  the  U.N.  Special  Rapporteur  on  the  Independence  of 
Judges  and  Lawyers  Datuk  Param  Curamaswamy,  who  is  a  Malaysian  citizen,  and 
against  the  Malaysian  Bar  Council's  former  secretary  general  Tommy  Thomas.  The 
chaises  stemmed  from  an  article  that  alleged  improprieties  in  the  judiciary.  A  Ma- 
laysian court  rejected  Param's  request  to  have  the  suit  dismissed  before  tnal  based 
on  his  claim  of  unmunity  as  a  U.N.  rapporteur,  a  claim  supported  by  U.N.  Secretary 
General  Kofi  Annan.  The  judge  ruled  tnat  the  case  shoula  proceed,  but  that  Param 
should  make  this  claim  in  his  defense  during  trial.  In  early  October,  Param  lost  an 
initial  appeal  on  this  issue.  In  October  and  December,  two  more  businessmen  filed 
a  third  and  a  fourth  suit  against  Param.  All  the  cases  are  stUl  pending. 

In  September  the  Malaysian  Bar  Council  expressed  concern  over  44  prisoners  held 
"at  the  pleasure  of  the  sovereign"  for  inordinate  periods,  often  well  exceeding  the 
maximum  sentences  for  their  original  crimes.  In  one  case  a  prisoner  had  been  held 
for  37  years.  Most  of  these  "forgotten  prisoners"  committed  their  crimes  as  minors 
or  while  of  unsound  mind. 
There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The  law 
provides  for  these  rights  and  the  Government  generally  respects  them.  However, 
provisions  in  the  security  legislation  (see  Section  l.d.)  allow  the  police  to  enter  and 
search  without  a  warrant  the  homes  of  persons  suspected  of  threatening  national 
security.  Police  may  also  confiscate  evidence  under  these  acts.  In  some  cases  each 
year,  police  have  used  this  legal  authority  to  search  homes  and  offices,  seize  books 
and  papers,  monitor  conversations,  and  take  people  into  custody  without  a  warrant. 
The  law  permits  the  Home  Affairs  Ministry  to  place  criminal  suspects  under  re- 
stricted residence  in  a  remote  district  away  from  home  for  a  2-year  period  (see  Sec- 
tion l.d.). 

A  clause  in  the  new  Anticorruption  Act  empowers  the  Attorney  General  to  author- 
ize the  interception  of  mail  and  the  tapping  of  telephones.  Such  information  would 
be  admissible  as  evidence  in  a  corruption  trial. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Although  the  Constitution  provides  for  freedom 
of  speech  and  the  press,  some  important  limitations  exist,  ana  over  the  years  the 
Government  has  restricted  freedom  of  expression.  The  Constitution  provides  that 
freedom  of  Sjpeech  may  be  restricted  by  legislation  "in  the  interest  of  security  (or) 
public  order.  Thus,  the  Sedition  Act  prohibits  public  comment  on  issues  defined  as 
sensitive,  such  as  citizenship  rights  for  non-Malays,  the  special  position  of  Malays 
in  society,  and  certain  aspects  of  religion. 

The  Government  used  the  Sedition  Act  and  the  Printing  Presses  and  Publications 
Act  to  file  criminal  charges  against  opposition  Member  of  Parliament  Lim  Guan  Eng 
before  the  1995  general  election.  The  charges  stemmed  from  Lim's  public  comments 
about  a  statutory  rape  case  involving  a  former  chief  minister  of  Malacca.  In  1997 
Lim  was  convicted  under  both  acts  and  fined  $5,000  (15,000  ringgit).  Lim  has  kept 
his  parliamentary  seat  pending  appeal,  but  he  would  lose  his  seat  if  the  conviction 
is  upheld. 

The  Printing  Presses  and  Publications  Act  of  1984  contains  important  limitations 
on  press  freedom.  Domestic  and  foreign  publications  must  apply  annually  to  the 
Government  for  a  permit.  The  act  was  amended  in  1987  to  make  the  publication 
of  "malicious  news  a  punishable  offense,  expand  the  Government's  power  to  ban  or 
restrict  publications,  and  prohibit  court  challenges  to  suspension  or  revocation  of 
publication  permits.  Government  policies  create  an  atmosphere  that  inhabits  inde- 
pendent or  investigative  journalism  and  result  in  self-censorship  of  issues  that  gov- 
ernment authorities  might  consider  sensitive.  The  Government  often  conveys  dis- 
pleasure with  press  reporting  directly  to  a  newspaper's  board  of  directors.  In  prac- 
tice, leading  political  figures,  or  companies  controlled  by  leading  political  figures  in 
the  ruling  coalition,  own  most  major  newspapers  and  all  radio  and  television  sta- 
tions, thus  limiting  the  range  of  views.  These  mass  media  provide  generally  lauda- 
tory, noncritical  coverage  of^govemment  ofiicials  and  policies,  and  give  only  Umited 
and  selective  coverage  to  political  views  of  the  opposition  or  political  rivals.  Editorial 
opinion  frequently  reflects  government  positions  on  domestic  and  international  is- 
sues. Chinese-language  newspapers  are  generally  more  free  in  reporting  and  com- 
menting on  sensitive  political  and  social  issues. 

The  Government  continued  to  prosecute  human  rights  activist  Irene  Fernandez 
under  the  Printing  Presses  and  Publications  Act  for  charges  that  she  made  in  1995 


842 

of  mistreatment  at  illegal  alien  detention  centers.  Final  judgment  is  still  pending 
although  Fernandez  has  lost  several  procedural  motions.  The  Government  called  at 
unusually  large  number  of  witnesses  (34  as  of  December  16),  which  observers  say 
is  tying  up  the  time  and  resources  of  Fernandez  and  her  NGO.  Police  raided  the 
offices  of  Fernandez's  NGO  in  January  because  it  had  failed  to  file  financial  state- 
ments for  3  years.  After  the  NGO  paid  a  fine,  the  case  was  withdrawn.  In  October 
three  additional  chaises  based  on  information  obtained  during  the  raid  were  filed. 

The  self-censorship  of  the  Malaysian  press  was  glaringly  evident  during  the  finan- 
cial crisis  in  1997.  FVime  Minister  Mahathir  Mohamad  made  a  number  of  controver- 
sial remarks  about  the  crisis.  Pertinent  information  about  international  reaction  to 
the  Prime  Minister's  remarks  appeared  in  the  press  of  nei^boring  countries  and 
in  the  international  press.  Much  of  this  information  went  unreported  in  Malaysia, 
however. 

Another  example  of  self-censorship  is  local  cable  television  companies'  frequent 
elimination  of  foreign  press  reports  on  Israel  and  Malaysia. 

The  press  did  report  on  some  sensitive  social  issues,  such  as  the  role  of  Islam. 
It  also  vigorously  reported  on  allegations  of  corruption  against  some  prominent  poli- 
ticians. The  Prime  Minister's  remarks  on  the  existence  of  a  Jewish  agenda"  to  un- 
dermine the  Malaysian  economy,  his  subsequent  statement  that  he  had  been  mis- 
interpreted, and  international  reaction  to  the  remarks  were  well  covered  in  the  local 
press. 

In  past  years,  the  Government  has  on  a  few  occasions  used  the  defamation  clauses 
of  the  Penal  Code  to  prosecute  newspapers  and  reporters  that  publish  criticism  of 
government  officials.  In  1997  the  police  filed  reports  for  possible  defamation  charges 
against  a  newspaper  that  reported  a  survey  alleging  that  officers  oflen  did  not  act 
on  reports  of  domestic  violence.  No  further  action  was  taken,  however. 

In  September  Far  Eastern  Economic  Review  correspondent  Murray  Hiebert  was 
convicted  of  contempt  of  court  and  sentenced  to  3  months'  imprisonment.  Hiebert, 
who  is  still  free  pending  appeal,  had  written  an  article  implying  that  the  plaintiff 
in  a  civil  suit  had  received  preferential  treatment  in  scheduling  an  early  trial  date 
because  she  was  the  wife  of  a  prominent  judge.  This  case,  the  first  in  which  a  for- 
eign correspondent  has  been  sentenced  to  jail  for  contempt  in  the  ordinary  course 
of  his  duties,  raises  serious  questions  of  freedom  of  the  press  and  of  judicial  impar- 
tiality. 

In  October  the  police  said  that  they  were  investigating  Asiaweek  magazine  under 
the  Printing  Presses  and  Publications  Act  for  an  article  alleging  that  some  foreign 
diplomats  were  concerned  about  the  police's  indifference  to  crimes  against  dip- 
lomats. The  police  interrogated  the  local  correspondent  of  Asiaweek  who  had  written 
this  story.  No  further  action  was  taken,  however. 

Small -circulation  publications  of  opposition  parties,  social  action  groups,  unions, 
and  other  private  groups  actively  cover  opposition  parties  and  frequently  print  views 
critical  of  government  policies.  However,  the  Government  retains  significant  influ- 
ence over  these  publications  by  requiring  annual  renewal  of  publishing  permits. 
There  were  no  cases  of  denial  of  renewal  requests  in  1997. 

In  September  the  Prime  Minister  said  that  he  would  issue  a  directive  to  enforce 
the  (previously  ignored)  ban  on  street  sales  of  the  opposition  party  newspaper 
Harakah.  Citing  regulations  that  political  parties  may  only  distribute  their  publica- 
tions to  party  members  and  not  sell  them  publicly,  the  Prime  Minister  said  "since 
we  find  the  tabloid  is  Ubelous,  we  will  eniorce  the  ban  immediately."  The  Prime 
Minister  was  referring  to  reports  quoting  a  religious  leader  as  saying  that  the  Prime 
Minister  and  some  others  in  the  ruling  coalition  were  apostates.  The  Government 
is  not  vigorously  enforcing  the  ban,  however. 

The  Omcial  Secrets  Act  potentially  can  also  restrict  freedom  of  the  press.  Pointing 
out  the  dangers  of  abuse,  the  Bar  Council  and  NGO's  have  called  for  a  review  of 
certain  provisions  that  grant  considerable  discretion  to  the  authorities. 

The  government-controlled  Malaysian  News  Agency  (Bemama)  is  by  law  the  sole 
distributor  of  foreign  news,  although  the  Government  has  not  to  date  used  this  law 
to  restrict  foreign  news  coverage  or  availability. 

NGO's  currently  enjoy  freedom  to  speak  out  against  government  policies.  The 
(jovemment's  case  agadnst  NGO  activist  Irene  Fernandez  under  the  Printing  Press- 
es and  Publications  Act  is  being  closely  monitored  as  a  test  case  of  the  CJovemment's 
willingness  to  permit  public  criticism  (see  Section  I.e.). 

Early  in  the  year,  the  CJovemment  threatened  to  force  NGO's  to  register  under 
the  more  restrictive  Societies  Act  rather  than  the  current  Companies  Act.  The  For- 
eign Minister  said  that  the  Government's  "cautious  stand"  against  NGO's  was  nec- 
essary to  check  "alien  influences."  The  Primary  Industries  Minister  accused  NGO's 
of  having  a  hidden  agenda  opposing  growth.  'The  Deputy  Home  Minister  said  that 


843 

the  Government  would  study  NGO's  to  ensure  that  they  are  not  exploited  by  "cer- 
tain parties."  However,  no  action  was  taken. 

The  Government  generally  respects  academic  freedom  in  the  areas  of  teaching  and 
publication.  Academics  are  often  publicly  critical  of  the  Government.  However,  there 
IS  degree  of  self-censorship  among  public  university  academics  whose  career  ad- 
vancement and  funding  are  prerogatives  of  the  Government.  Private  institution  aca- 
demics also  practice  a  umited  degree  of  self-censorship  for  fear  that  the  Government 
may  revoke  licenses  for  their  institutions.  Legislation  also  imposes  limitations  on 
student  associations  and  student  and  faculty  activity  (see  Section  2.b.). 

In  November  the  Government  forbade  academics  from  making  any  public  state- 
ments or  publishing  any  writings  on  Malaysia's  ongoing  air  pollution  crisis.  The 
Government  seems  to  have  feared  that  unauthorized  remarics  on  the  air  pollution 
crisis  might  harm  the  country's  image  and  hurt  tourism.  The  gag  order  was  not  vig- 
orously enforced,  however. 

b.  Freedom,  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  freedom  of  peaceful  assembly,  but  there  are  significant  restrictions. 
These  rights  may  be  limited  in  the  interest  of  security  and  public  order,  and  the 
1967  Police  Act  requires  police  permits  for  all  public  assemblies  except  for  workers 
on  picket  lines.  Spontaneous  demonstrations  occur  periodically  without  permission, 
but  they  are  limited  in  scope  and  generally  occur  with  the  tacit  consent  of  the  police. 

In  the  aftermath  of  the  intercommunal  riots  in  1969,  the  Government  banned  po- 
litical rallies.  The  Government  continued  that  policy  during  the  1995  general  elec- 
tion. However,  both  government  and  opposition  parties  held  large  inooor  political 
gatherings  dubbed  "discussion  sessions"  auring  the  campaign  period.  The  ruling  coa- 
lition also  held  several  large-scale  events  that  closely  resembled  political  rallies. 

Government  and  opposition  candidates  campaign  actively.  There  are,  however, 
some  restrictions  on  freedom  of  assembly  during  campaigns.  During  the  actual  cam- 
paign period,  political  parties  submit  lists  of  times  ana  places  for  their  discussion 
sessions.  In  past  campaigns  some  opposition  discussion  group  meetings  have  been 
canceled  for  lack  of  a  f)olice  permit,  most  recently  during  the  1996  Sarawak  state 
election  campaign.  Outside  the  campaign  period,  a  permit  also  is  required,  with 
most  applications  routinely  approved.  These  restrictions  and  the  ban  on  political  ral- 
lies handicap  the  opposition's  abiUty  to  campaign  effectively. 

Organizers  canceled  a  planned  conference  on  police  abuse  in  response  to  a  govern- 
ment warning  of  possible  prosecution  under  the  ISA  (see  Section  l.d.). 

The  Constitution  provides  for  the  right  of  association,  but  there  are  significant  re- 
strictions. For  example,  certain  statutes  limit  this  right,  such  as  the  &)cieties  Act 
of  1966,  under  which  any  association  of  seven  or  more  members  must  register  with 
the  Government  as  a  society.  The  (jovemment  may  refuse  to  register  a  new  society 
or  may  impose  conditions  when  allowing  a  society  to  register.  The  (jovemment  also 
has  the  power  to  revoke  the  registration  of  an  existing  society  for  violations  of  the 
act,  a  power  it  has  enforced  selectively  against  political  opposition  groups.  This 
threat  of  possible  deregistration  inhibits  political  activism  by  public  or  special  inter- 
est organizations.  Early  in  1997,  the  Government  threatened  to  force  all  NGO's  to 
register  under  the  Societies  Act  rather  than  the  less  restrictive  Companies  Act  (see 
Section  2. a.). 

Another  law  that  affects  freedom  of  association  is  the  Universities  and  University 
Colleges  Act.  This  act  mandates  government  approval  for  student  associations  and 
prohibits  student  associations,  as  well  as  faculty  members,  from  engaging  in  politi- 
cal activity.  A  university  vice  chancellor  must  approve  campus  demonstrations. 
Human  rights  organizations  assert  that  it  inhibits  the  free  flow  of  ideas  and  ex- 
change of  views  and  have  called  for  its  repeal. 

In  November  1996,  youth  wings  of  the  ruling  coalition  parties  disrupted  an  inter- 
national conference  about  East  Timor.  In  February  four  leaders  of  the  youth  organi- 
zations received  a  $5(X)  (1,500  ringgit)  fine  for  their  role  in  disrupting  the  meeting. 

In  April  police  detained  55  opposition  party  members  who  demonstrated  in  protest 
of  an  Israeli  team's  participation  at  an  international  cricket  championship.  The  case 
against  the  demonstrators  is  still  pending. 

In  May  police  detained  ovemignt  nine  demonstrators  at  an  Association  of  South- 
east Asian  Nations  (ASEAN)  ministers  meeting,  who  had  protested  ASEAN's  plan 
to  admit  Burma  as  a  member.  Judgment  of  the  case  against  the  demonstrators  has 
been  postponed  until  March  1998. 

c.  Freedom  of  Religion. — Islam  is  the  official  religion.  Religious  minorities,  which 
include  large  Hindu,  Buddhist,  SUch,  and  Christian  communities,  generally  may 
worship  freely  but  are  subject  to  some  restrictions.  Adherence  to  Islam  is  considered 
intrinsic  to  Malay  ethnic  identity,  and  therefore  Islamic  religious  laws  administered 
by  state  authorities  through  Islamic  courts  bind  all  ethnic  Malays  in  some  matters. 
Government  funds  support  an  Islamic  religious  establishment,  and  it  is  official  pol- 


844 

icy  to  "infuse  Islamic  values"  into  the  administration  of  the  country.  At  the  same 
time,  the  Constitution  provides  for  freedom  of  reli^on  and  the  Government  has  re- 
fused to  accede  to  pressures  to  impose  Islamic  religious  law  beyond  the  Muslim  com- 
munity. 

The  Government  opposes  what  it  considers  deviant  interpretations  of  Islam.  In 
the  past,  the  Government  has  imposed  restrictions  on  certain  Islamic  sects.  The 
Government  continues  to  monitor  the  activities  of  the  Shi'ite  minority.  In  1997  the 
Government  proposed  amending  the  Constitution  to  make  Sunni  Islam  Malaysia's 
official  Islamic  sect.  This  would  make  illegal  the  practice  of  other  forms  of  Islam. 

In  November  10  people,  2  of  whom  were  over  75  years  old,  were  detained  under 
the  ISA  for  spreading  Shi'ite  teachings.  Two  of  the  prisoners  were  later  released  on 
a  tedinicality,  but  rearrested  (again  under  the  ISA)  just  minutes  after  they  left  the 
courtroom.  Police  released  two  of  these  detainees  in  late  December  (see  Section  I.e.). 

Some  state  governments  were  slow  in  approving  building  permits  for  non-Muslim 
places  of  worship  or  land  for  cemeteries  for  non-Muslims.  The  (jovemment  has  long 
discouraged  the  circulation  of  a  popular  Malay-language  translation  of  the  Bible  and 
distribution  of  Christian  tapes  and  printed  materials  in  Malay.  Some  states  have 
laws  prohibiting  the  use  of  Malay-language  religious  terms  by  Christians,  but  the 
authorities  have  not  actively  enforced  them. 

The  Government  permits  but  discourages  conversion  to  religions  other  than  Islam. 
Some  states  have  long  proscribed  by  law  proselytizing  of  Muslims,  and  other  parts 
of  the  country  strongly  discouraged  it  as  well. 

In  March  the  Government  proposed  creating  a  federal-level  Islamic  law  attorney 
general  and  "harmonizing"  the  various  states'  Islamic  law  at  the  federal  level.  Dis- 
cussion of  this  proposal  intensified  aft^r  an  incident  in  July  when  several  Malay 
women  participating  in  a  beauty  contest  were  arrested  in  the  state  of  Selangor  for 
breaking  Islamic  law.  The  proposal  has  not  yet  been  implemented. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  generally  have  the  right  to  travel  within  the  country  and  live 
and  work  where  they  please,  but  the  (jovemment  restricts  these  rights  in  some  cir- 
cumstances. The  east  Malaysian  states  of  Sabah  and  Sarawak  have  the  independent 
right  to  control  immigration  into  their  territories  and  to  require  citizens  from  penin- 
sular west  Malaysia  and  foreigners  to  present  passports  or  national  identity  cards 
for  entry.  In  December  the  Sabah  state  government  ordered  the  expulsion  of  a  West 
Malaysian  attorney  who  had  previously  been  involved  in  several  lawsuits  against 
the  state  government.  The  federal  (Jovemment  regulates  the  internal  movement  of 
provisionally  released  ISA  detainees.  It  also  limits  the  movement  of  some  released 
ISA  detainees  to  a  designated  city  or  state.  The  (jovemment  also  uses  the  Re- 
stricted Residence  Act  to  limit  movements  of  those  suspected  of  some  criminal  ac- 
tivities (see  Section  l.d.). 

The  (jovemment  generally  does  not  restrict  emigration.  Citizens  are  free  to  travel 
abroad,  although  in  some  cases  in  the  past,  the  Government  has  refused  to  issue 
or  has  withhela  passports  on  security  grounds  or  in  the  belief  that  the  trip  would 
be  detrimental  to  the  country's  image.  The  Grovemment  usually  takes  such  action 
because  of  suspected  drug  trafficking  or  other  serious  crimes. 

Citizens  must  apply  for  the  (jovernment's  permission  to  travel  to  Israel.  Travel 
to  Jerusalem  for  religious  purposes  is  explicitly  allowed. 

About  1.7  million  foreign  workers  are  concentrated  primarily  in  low-skill  iobs.  The 
Human  Resources  Ministry  estimated  that  as  much  as  90  percent  of  the  labor  force 
in  the  plantation  sector  is  foreign.  The  majoritv  of  foreign  workers  may  be  in  the 
country  illegally.  Some  illegal  workers  eventually  are  able  to  regularize  their  immi- 
gration status,  others  depart  voluntarily  after  a  few  months,  and  some  are  formally 
deported  as  illegal  migrants. 

The  (Government  cooperates  with  the  ofiice  of  the  United  Nations  High  Commis- 
sioner for  Refugees  and  other  humanitarian  organizations  in  assisting  refugees. 
There  were  no  reports  of  the  forced  expulsion  of  persons  with  a  valid  claim  to  refu- 
gee status.  Over  the  past  22  years,  Malaysia  gave  first  asylum  to  approximately 
264,000  Vietnamese.  In  1996  Malaysia  closed  its  last  camp  for  Vietnamese  refugees. 
Only  a  handful  of  Vietnamese  asylum  seekers  remain  in  Malaysia.  The  rest  have 
returned  voluntarily  to  Vietnam  or  resettled  in  third  countries. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
By  law  citizens  have  the  right  to  change  their  government  through  periodic  elec- 
tions, which  are  procedurally  free  and  fair,  with  votes  recorded  accurately.  In  prac- 
tice, however,  it  is  difficult  for  opposition  parties  to  compete  on  equal  terms  with 
the  governing  coalition  (which  has  held  power  at  the  national  level  since  1957)  be- 
cause of  legal  restrictions  on  campaigning,  as  well  as  restrictions  on  freedom  of  asso- 


g45 

elation  and  of  the  press.  Nevertheless,  opposition  candidates  campaign  actively  and 
agree  that  the  voting  and  counting  of  votes  are  relatively  free  ancf  fair.  The  Govern- 
ment coalition  controls  12  of  13  states.  An  Islamic  opposition  party  controls  the 
northern  state  of  Kelantan. 

Malaysia  has  a  parliamentary  system  of  government.  National  elections,  required 
at  least  every  5  years,  have  been  held  regularly  since  independence  in  1957.  In  the 
1995  general  election  the  ruling  coalition  won  an  overwhelming  victory,  increasing 
its  percentage  of  seats  in  Parliament  to  82  p>ercent.  Several  members  of  the  opposi- 
tion camp  have  since  joined  the  coalition,  increasing  its  representation  in  the  Par- 
liament to  approximately  88  percent.  The  Malay-based  United  Malay  National  Or- 
ganization (UMNO)  party  dominates  the  ruling  National  Front  coalition.  Within  the 
UMNO  there  is  active  political  debate. 

The  Parliament  in  1995  passed  amendments  to  its  rules  that  strengthen  the 
power  of  the  Speaker  and  curb  parliamentary  procedures  heavily  used  by  the  oppo- 
sition The  amendments  empowered  the  Speaker  to  ban  unruly  opposition  Members 
of  Parliament  for  up  to  10  days,  imposed  limits  on  their  ability  to  pose  supple- 
mentary questions  and  revisit  nongermane  issues,  and  established  restrictions  on 
the  tabling  of  questions  of  public  importance.  The  amendments  have  restricted  the 
opposition's  ability  to  criticize  the  Government  in  Parliament.  Nonetheless,  govern- 
ment officials  often  face  sharp  questioning  in  Parliament,  although  this  usually  is 
not  reported  in  detail  in  the  press. 

Women  face  no  legal  limits  on  participation  in  government  and  politics,  but  there 
are  practical  impediments.  Women  are  represented  in  senior  leadership  positions  in 
the  Government  in  small  numbers,  including  two  cabinet-level  ministers.  Women 
hold  15  of  192  seats  in  the  elected  lower  house  of  Parliament  and  13  of  69  seats 
in  the  appointed  upper  house.  Women  also  hold  high-level  judgeships. 

Ethnic  minorities  are  represented  in  cabinet-level  positions  in  government,  as  well 
as  in  senior  civil  service  positions.  Nevertheless,  the  political  dominance  of  the 
Malay  majority  means  in  practice  that  ethnic  Malays  hold  the  most  powerful  senior 
leadership  positions.  Non-Malays  fill  9  of  the  28  cabinet  posts.  Ethnic  Chinese  lead- 
ers of  component  parties  of  the  ruling  coalition  hold  executive  power  in  the  states 
of  Penang  and  Sabah. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  National  Human  Rights  Association,  a  private  organization,  publicly  criticizes 
the  Government,  as  do  other  NGO's,  although  it  does  not  conduct  investigations  ex- 
cept in  response  to  individual  complaints.  It  seeks  repeal  of  the  ISA  and  is  review- 
ing opposition-controlled  Kelantan's  efforts  to  impose  Islamic-inspired  restrictions  in 
that  state. 

A  number  of  other  organizations,  including  the  Bar  Council  and  public  interest 
groups,  devote  considerable  attention  to  human  rights.  The  Government  generally 
tolerates  their  eictivities  but  rarely  responds  to  their  inquiries  or  occasional  press 
statements.  Officials  criticize  local  groups  for  collaborating  with  international 
human  rights  organizations. 

NGO's  are  active  and  critical  of  the  Government.  However,  the  authorities  still 
accuse  some  NGO's  of  painting  a  negative  picture  of  the  country  to  the  outside 
world.  Although  the  Government  did  not  place  any  restrictions  on  their  activities, 
in  1996  it  announced  that  it  might  require  NGO's  to  register  under  the  more  restric- 
tive Societies  Act  rather  than  the  Companies  Act  (see  Section  2. a.). 

There  was  concern  among  NGO's  that  the  (jovemment's  case  against  prominent 
NGO  activist  Irene  Fernandez,  under  the  PVinting  Presses  and  Publications  Act, 
might  inhibit  the  willingness  and  ability  of  NGO's  to  speak  out  against  the  (jovem- 
ment  (see  Section  I.e.). 

NGO  organizers  of  a  planned  conference  on  police  abuse  canceled  the  meeting 
after  the  Government  warned  of  possible  prosecution  under  the  ISA  (see  Section 
l.d.). 

The  Government  has  not  acceded  to  any  major  international  treaty  on  human 
rights,  generally  maintaining  that  such  issues  are  internal  matters.  It  rejects  criti- 
cism of  its  human  rights  record  by  international  human  rights  organizations  and 
foreign  governments  and  has  blocked  registration  of  a  local  chapter  of  Amnesty 
International. 

In  July  the  Prime  Minister  endorsed  the  suggestion  that  the  Universal  Declara- 
tion of  Human  Rights  should  be  reviewed  to  reflect  different  countries'  values.  The 
Prime  Minister  and  the  Foreign  Ministry  have  since  raised  this  idea  with  other  na- 
tions. 


846 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equal  protection  under  the  law  and  prohibits  dis- 
crimination against  citizens  on  the  basis  of  religion,  race,  descent,  or  place  of  birth. 
Although  neither  the  Constitution  nor  laws  explicitly  prohibit  discrimination  on  the 
basis  01  sex  or  disabilities,  the  Government  has  made  efforts  to  eliminate  discrimi- 
nation against  women  emd  the  disabled.  Government  policies  include  preferences  for 
ethnic  Malays  in  housing,  home  ownership,  the  awarding  of  government  contracts, 
educational  scholarships,  and  other  areas. 

Women. — Government  leaders  have  identified  domestic  violence  as  a  continuing 
social  ill.  In  June  Minister  of  National  Unity  and  Social  Development  Datin  Paduka 
Zaleha  Ismail  accused  police  of  failing  to  act  on  reports  of  domestic  violence.  Police 
officials  denied  this.  The  1994  Domestic  Violence  Act  offers  a  broad  definition  of  do- 
mestic violence,  gives  powers  to  the  courts  to  protect  victims,  and  provides  for  com- 
pensation and  counseling  for  victims.  Those  covered  under  the  bill  include  a  spouse, 
a  former  spouse,  a  child,  an  incapacitated  adult,  or  any  other  member  of  the  family. 

NGO's  concerned  about  women's  issues  advocate  legislative  and  social  reforms  to 
improve  the  status  of  women.  These  groups  raise  issues  such  as  violence  against 
women,  trafficking  in  women  and  young  girls,  employment  opportunities  with  equal 
pay,  and  greater  participation  by  women  in  decisionmaking  positions.  Women's  is- 
sues continued  to  receive  prominent  coverage  in  public  seminars  and  the  media. 

The  cultural  and  religious  traditions  of  tne  major  ethnic  groups  heavily  influence 
the  condition  of  women  in  society.  In  family  and  religious  matters,  Muslim  women 
are  subject  to  Islamic  law.  Polygyny  is  allowed  and  practiced  to  a  limited  dcCTee, 
and  inheritance  law  favors  male  ofispring  and  relatives.  The  Islamic  Family  Law 
was  revised  in  1989  to  provide  better  protection  for  the  property  rights  of  married 
Muslim  women  and  to  make  more  ecjuitable  a  Muslim  woman's  right  to  divorce.  The 
small  number  of  women  obtaining  divorces  under  the  provisions  of  Islamic  law  that 
allow  for  divorce  without  the  husband's  consent  is  steadily  increasing. 

Non-Muslim  women  are  subject  to  civil  law.  Changes  in  the  Civil  Marriage  and 
Divorce  Act  in  the  early  1980's  increased  protection  ofmarried  women's  rights,  espe- 
cially those  married  under  customary  rites. 

Government  policy  supports  women's  full  and  equal  participation  in  education  and 
the  work  force.  Women  are  represented  in  growing  numbers  in  the  professions,  but 
women's  groups  argue  that  the  level  of  participation  is  still  disproportionately  low. 
In  the  scientific  and  medical  fields,  women  make  up  more  than  nan  of  all  university 
graduates  and  the  total  intake  of  women  into  universities  increased  from  29  percent 
in  1970  to  one-half  of  the  student  population  in  recent  years.  The  participation  of 
women  in  the  labor  force  increased  from  37  percent  in  1970  to  almost  one-half  in 
1997. 

In  the  opposition-controlled  state  of  Kelantan,  the  state  government  has  imposed 
restrictions  on  all  female  workers,  including  non-Muslims.  Female  workers  cannot 
work  at  night  and  are  restricted  in  the  dress  hey  may  wear  in  the  workplace.  The 
state  government  justifies  these  restrictions  as  reflecting  Islamic  values. 

Children. — ^The  Government  is  committed  to  children's  rights  and  welfare;  it 
spends  roughly  20  percent  of  its  budget  on  education.  The  Government  has  taken 
some  steps  to  deal  with  the  problem  of  child  abuse.  Parliament  passed  the  Chil- 
dren's PrtDtection  Act  in  1991,  effective  in  1993.  The  Domestic  Violence  Act,  which 
covers  children,  provides  protection  against  child  abuse.  The  police  proposed  tougher 
measures  to  deal  with  the  crime  of  incest. 

Although  statistics  are  not  available,  the  incidence  of  child  prostitution  appears 
to  have  ^creased  in  recent  years.  Women's  organizations  still  highlight  the  continu- 
ing problem  of  trafficking  in  underage  girls.  Police  frequently  raid  brothels  and 
prosecute  some  brothel  owners. 

People  With  Disabilities. — The  Government  does  not  discriminate  against  phys- 
ically disabled  persons  in  employment,  education,  and  provision  of  other  state  serv- 
ices. However,  public  transportation,  public  buildings,  and  other  facilities  are  not 
adapted  to  the  needs  of  the  disabled,  and  the  Government  has  not  mandated  acces- 
sibility for  the  disabled.  Special  education  schools  exist,  but  they  are  not  sufficient 
to  meet  the  needs  of  the  disabled  population.  The  Government  and  the  general  pub- 
lic are  becoming  more  sensitive  to  the  needs  of  the  physically  disabled.  The  Govern- 
ment has  taken  initiatives  to  make  public  facilities  more  accessible  to  disabled  per- 
sons, and  has  increased  budgetary  allotments  for  programs  aimed  at  aiding  them. 
New  commuter  trains,  for  example,  are  being  made  wheelchair  accessible.  The  Gov- 
ernment also  provides  incentives  for  employers  to  offer  employment  opportunities 
for  the  disabled. 

Indigenous  People. — Indigenous  groups  and  persons  generally  enjoy  the  same  con- 
stitutional rights  as  the  rest  of  the  population.  In  practice,  federal  laws  pertaining 


847 

to  indigenous  people  vest  almost  total  power  in  the  Minister  of  National  Unity  and 
Social  Development  to  protect,  control,  and  otherwise  decide  issues  concerning  them. 
As  a  result,  indigenous  people  have  very  little  ability  to  participate  in  decisions. 
Under  the  Aboriginal  People  s  Act,  indigenous  people  (known  as  Orang  Asli)  had  no 
right  to  own  land.  The  law  did  not  permit  Orang  Asli  in  peninsular  Malaysia  who 
had  been  granted  land  on  a  gi^up  basis  to  own  land  on  an  individual  basis  or  to 
receive  titles  to  land.  The  Social  Development  Ministry  announced  in  March  1996 
that  state  governments,  which  make  decisions  affecting  land  rights,  had  agreed  to 
issue  titles  to  Orang  Asli.  Amendments  were  drafted  to  enable  Orang  Asli  to  hold 
titles  on  an  individual  basis.  Some  Orang  Asli  welcomed  this  development  while  oth- 
ers expressed  reservations,  saying  that  individual  land  titles  might  divide  and 
weaken  Orang  Asli  conununities. 

The  indigenous  people  in  peninsular  Malaysia,  who  number  fewer  than  100,000, 
are  the  poorest  group  in  the  country;  however,  according  to  government  oflicials, 
Orang  Asli  are  gradually  catching  up  to  other  citizens  in  their  standard  of  living, 
and  the  percentage  of  Orang  Asli  who  were  still  leading  a  nomadic  lifestyle  has 
dropped  to  less  than  40  percent.  The  Government  has  said  that  allowing  Orang  Asli 
to  own  land  in  peninsular  Malaysia  would  enhance  their  economic  standing. 

In  east  Malaysia,  although  state  law  recognizes  the  right  of  indigenous  people  to 
land  under  "native  customary  rights,"  the  definition  and  extent  of  these  lands  are 
in  dispute.  Indigenous  people  in  the  state  of  Sarawak  continued  to  protest  the  al- 
leged encroachment  by  state  and  private  logging  and  plantation  companies  onto 
land  that  they  consider  theirs  because  of  customary  rights.  A  lai^e  project  (Bakun 
dam)  in  Sarawak  that  would  involve  resettlement  of  a  large  number  of  residents  in 
the  area  has  raised  several  controversial  questions  regarding  land  disputes  as  well 
as  potential  environmental  problems.  NGO's  and  opposition  politicians  have  called 
on  the  Government  to  address  these  issues  before  proceeding  with  the  project.  Al- 
though economic  conditions  late  in  the  year  forced  the  indefinite  postponement  of 
dam  construction,  Sarawak  officials  said  in  September  that  resettlement  continues. 

National  / Racial  / Ethnic  Minorities. — The  Government  implements  extensive  pref- 
erential programs  designed  to  boost  the  economic  position  of  the  Malay  majority, 
which  remains  poorer  on  average  than  the  Chinese  minority,  despite  the  formei^s 
political  dominance.  Such  preferential  programs  and  policies  limit  opportunities  for 
non-Malays  in  higher  education,  government  employment,  business  permits  and  li- 
censes, and  ownership  of  newly  developed  agricultural  lands.  Indian  Malaysians 
continue  to  lag  behind  in  the  country's  economic  development.  According  to  the  Gov- 
ernment, these  programs  have  been  instrumental  in  ensuring  ethnic  harmony  and 
political  stability. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — By  law  most  woriters  have  the  right  to  engage  in 
trade  union  activity,  and  approximately  10  percent  of  the  work  force  belongs  to 
trade  unions.  Exceptions  include  certain  limited  categories  of  workers  labeled  con- 
fidential" and  "managerial  and  executive,"  as  well  as  defense  and  police  officials. 
Within  certain  limitations,  unions  may  organize  workplaces,  bargain  collectively 
with  employers,  and  associate  with  national  federations. 

The  Industrial  Relations  Act  prohibits  interfering  with,  restraining,  or  coercing  a 
worker  in  the  exercise  of  the  right  to  form  trade  unions  or  in  participating  in  lawful 
trade  union  activities.  The  Trade  Unions  Act,  however,  restricts  a  union  to  rep- 
resenting workers  in  a  "particular  establishment,  trade,  occupation,  or  industry  or 
within  any  similar  trades,  occupations,  or  industries,"  contrary  to  International 
Labor  Organization  (ILO)  guidelines.  The  Director  General  of  Trade  Unions  may 
refuse  to  register  a  trade  union  and,  in  some  circumstances,  may  also  withdraw  the 
registration  of  a  trade  union.  When  registration  has  been  refused,  withdrawn,  or 
canceled,  a  trade  union  is  considered  an  unlawful  association.  The  Government  jus- 
tifies its  overall  labor  policies  by  positing  that  a  "social  compact"  exists  wherein  the 
Government,  employer,  and  worker  are  part  of  an  overall  effort  to  create  jobs,  train 
workers,  boost  productivity  and  profitability,  and  ultimately  provide  the  resources 
necessary  to  fund  human  resource  development  and  a  national  social  safety  net. 

Trade  unions  from  different  industries  may  join  in  national  congresses,  but  must 
register  as  societies  under  the  Societies  Act  (see  Section  2.b.).  In  1996  the  Malaysian 
Labor  Organization,  which  had  split  from  the  Malaysian  Trade  Union  Congress 
(MTUC)  in  1990,  officially  merged  with  it  again,  thus  reunifying  the  principal  labor 
organizations. 

Government  policy  discourages  the  formation  of  national  unions  in  the  electronics 
sector;  the  Government  believes  that  enterprise-level  unions  are  more  appropriate 
for  this  sector.  In  May  the  MTUC  dropped  its  long-standing  objection  to  restricting 


848 

the  electronics  sector  to  enterprise-level  unions.  The  MTUC  stated  that  it  would  be 
better  for  the  workers  to  have  the  in-house  unions  'H.han  none  at  all." 

Unions  maintain  independence  both  from  the  Government  and  from  political  par- 
ties, but  individual  union  members  may  belong  to  political  parties.  Altnoueh  union 
officers  may  not  hold  principal  offices  in  political  parties,  individual  trade  union 
leaders  have  served  in  Parliament  as  opposition  members.  Trade  unions  are  free  to 
associate  with  national  labor  societies  that  exercise  many  of  the  responsibilities  of 
national  labor  unions,  although  they  cannot  bargain  for  local  unions.  In  1997  long- 
time labor  leader  Zainal  Rampak  applied  to  join  tne  ruling  party. 

Although  strikes  are  legal,  the  right  to  strike  is  severely  restricted.  The  law  con- 
tains a  list  of  "essential  services"  in  which  unions  must  give  advance  notice  of  any 
industrial  action.  The  list  includes  sectors  not  normally  deemed  essential  under  ILO 
definitions. 

The  Industrial  Relations  Act  of  1967  requires  the  parties  to  notify  the  Ministry 
of  Human  Resources  that  a  dispute  exists  before  any  industrial  action  (strike  or 
lockout)  may  be  taken.  The  Ministry's  Industrial  Relations  Department  then  may 
become  actively  involved  in  conciliation  efforts.  If  conciliation  fails  to  achieve  settle- 
ment, the  Minister  has  the  power  to  refer  the  dispute  to  the  Industrial  Court. 
Strikes  or  lockouts  are  prohibited  while  the  dispute  is  before  the  Industrial  Court. 
According  to  1994  data,  the  Industrial  Court  found  for  labor  in  62  percent  of  its 
cases  and  for  management  in  14  percent.  The  remaining  24  percent  were  settled  out 
of  court.  Figures  for  1995  and  1996  are  not  available.  The  Industrial  Relations  Act 

firohibits  employers  from  taking  retribution  against  a  worker  for  participating  in  the 
awful  activities  of  a  trade  union.  Where  a  strike  is  legal,  these  provisions  would 
prohibit  employer  retribution  against  strikers  and  leaders.  Although  some  trade 
unions  question  their  effectiveness,  it  is  not  possible  to  assess  fully  whether  these 

firovisions  are  being  effectively  enforced,  given  the  limited  number  of  cases  of  al- 
eged  retribution. 

There  are  two  national  labor  organizations.  The  MTUC  is  a  federation  of  mainly 
private  sector  unions.  CUEPACS  is  a  federation  of  civil  servant  and  teacher  unions. 
Public  servants  have  the  right  to  organize  at  the  level  of  ministries  and  depart- 
ments. There  are  three  national  joint  councils  representing  management  and  profes- 
sional civil  servants,  technical  employees,  and  nontechnical  workers. 
Enterprise  unions  can  associate  with  international  labor  bodies  and  actively  do  so. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers  have  the  legal  right 
to  organize  and  bargain  collectively,  and  collective  bargaining  is  widespread  in  those 
sectors  where  labor  is  organized.  The  law  prohibits  antiunion  discrimination  by  em- 
ployers against  union  members  and  organizers.  Charges  of  discrimination  majr  be 
filed  with  the  Ministry  of  Human  Resources  or  the  Industrial  Court.  When  concilia- 
tion efforts  by  the  Ministry  of  Human  Resources  fail,  critics  say  that  the  Industrial 
Court  is  slow  in  adjudicating  worker  complaints.  Other  critics  point  out,  however, 
that  the  Industrial  Court  almost  always  sides  with  the  workers  in  disputes. 

Companies  in  free  trade  zones  (FTZ's)  must  observe  labor  standards  identical  to 
those  in  the  rest  of  the  country.  Many  workers  at  FTZ  companies  are  organized,  es- 
pecially in  the  textile  and  electrical  products  sectors.  During  1993  the  Government 
proposed  amendments  to  the  Industrial  Relations  Act  to  remove  previous  restric- 
tions on  concluding  collective  agreements  about  terms  and  conditions  of  service  in 
"pioneer  industries."  Legislation  to  address  this  issue  was  introduced  and  subse- 
quently withdrawn  in  late  1994  by  the  Ministry  of  Human  Resources  to  take  into 
account  other  developments  in  the  labor  sector.  The  legislation  was  not  reintro- 
duced. The  ILO  continues  to  object  to  legal  restrictions  on  collective  bargaining. 

Foreign  workers  are  not  allowed  to  join  trade  unions.  The  MTUC  saidin  May  that 
foreign  workers  should  be  unionized.  The  Government  responded  that  "it  did  not  en- 
courage" foreign  workers  to  join  unions  and  that  labor  laws  were  adequate  to  protect 
foreign  workers'  interests. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor,  and  there  is  no  evidence  it  occurs.  In  theory,  certain  laws  allow 
the  use  of  imprisonment  with  compulsory  labor  as  a  punishment  for  persons  ex- 
pressing views  opposed  to  the  established  order  or  who  participate  in  strikes.  The 
Government  maintains  that  the  constitutional  prohibition  renders  these  laws  with- 
out effect.  The  constitutional  prohibition  applies  as  well  to  forced  and  bonded  labor 
by  children,  and  it  is  not  practiced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Chil- 
dren and  Young  Persons  (Employment)  Act  of  1966  prohibits  the  employment  of 
children  younger  than  the  age  of  14.  The  act  permits  some  exceptions,  such  as  light 
work  in  a  family  enterprise,  work  in  public  entertainment,  worK  performed  for  the 
Government  in  a  school  or  training  institutions,  or  work  as  an  approved  apprentice. 
In  no  case  may  children  work  more  than  6  hours  per  day,  more  than  6  days  per 


849 

week,  or  at  night.  Ministry  of  Human  Resources  inspectors  enforce  these  legal  provi- 
sions. In  December  1994,  a  Japanese  electronics  firm  was  fined  $5,400  for  violating 
the  Children  and  Young  Persons  Act.  This  was  the  first  time  that  a  large  firm  had 
been  fined  under  the  act. 

Child  labor  is  stiU  occurring  in  certain  sectors  of  the  country.  A  joint  report  by 
the  Intemationail  Confederation  of  Free  Trade  Unions  and  the  Asian  and  Pacific  Re- 
gional Organization  put  the  child  work  force  at  75,000.  However,  government  ofli- 
cials  maintain  that  tnis  figure  is  outdated,  since  it  was  based  on  a  nationwide  sur- 
vey of  child  labor  undertaken  in  1980,  which  estimated  that  more  than  73,400  chil- 
dren between  the  ages  of  10  and  14  were  employed  full  time.  NGO  survejrs  indicate 
that  most  child  laborers  work  on  agricultural  estates,  but  there  are  indications  that 
some  are  being  employed  in  small  factories.  Government  officials  do  not  deny  the 
existence  of  cmld  labor  but  maintain  that  foreign  workers  have  largely  replaced 
child  labor  and  that  the  Government  vigorously  enforces  child  labor  provisions. 
Forced  and  bonded  labor  by  children  (and  adults)  is  constitutionally  prohibited,  and 
does  not  occur  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — There  is  no  national  minimum  wage,  but  the 
Wage  Councils  Act  provides  for  a  minimum  wage  in  those  sectors  or  regions  of  the 
country  where  a  need  exists.  Under  the  law,  workers  in  an  industry  who  believe 
that  they  need  the  protection  of  a  minimum  wage  may  request  that  a  "wage  council" 
be  established.  About  150,000  workers  in  the  labor  force  of  8  million  are  covered 
by  minimum  wages  set  by  wage  councils.  Representatives  from  labor,  management, 
and  the  Government  sit  on  the  wage  councils.  The  minimum  wages  set  by  wage 
councils  generally  do  not  provide  for  a  decent  standard  of  living  for  a  worker  and 
family.  However,  prevailing  wages,  even  in  the  sectors  covered  by  wage  councils,  are 
higher  than  the  minimum  wages  set  by  the  wage  councils  and  do  provide  a  decent 
living. 

Under  the  Employment  Act  of  1955,  working  hours  may  not  exceed  8  hours  p)er 
day  or  48  hours  per  workweek  of  6  days.  Each  workweek  must  include  one  24-hour 
rest  period.  The  act  also  sets  overtime  rates  and  mandates  public  holidays,  annual 
leave,  sick  leave,  and  maternity  allowances.  The  Labor  Department  of  the  Ministry 
of  Human  Resources  enforces  these  standards,  but  a  shortage  of  inspectors  pre- 
cludes strict  enforcement.  In  1993  Parliament  adopted  a  new  Occupational  Safety 
and  Health  Act  (OSHA),  which  covers  all  sectors  of  the  economy,  except  the  man- 
time  sector  and  the  military.  The  act  established  a  national  Occupational  Safety  and 
Health  Council,  composed  of  workers,  employers,  and  government  representatives, 
to  set  policy  and  coordinate  occupational  safety  and  health  measures.  It  requires 
employers  to  identify  risks  and  take  precautions,  including  providing  safety  training 
to  workers,  and  compels  companies  having  more  than  40  workers  to  establish  joint 
management-employee  safety  committees.  The  act  requires  workers  to  use  safety 
equipment  and  to  cooperate  with  employers  to  create  a  safe,  healthy  workplace. 
Trade  unions  maintain  that  relatively  few  committees  have  been  established  and, 
even  in  cases  where  they  exist,  that  they  meet  infrequently  and  are  generally  inef- 
fective. 

There  are  no  specific  statutory  or  regulatory  provisions  that  provide  a  right  for 
workers  to  remove  themselves  from  dangerous  workplace  conditions  without  arbi- 
trary dismissal.  Employers  or  employees  violating  the  OSHA  are  subject  to  substan- 
tial fines  or  imprisonment  for  up  to  5  years. 

Significant  numbers  of  contract  workers,  including  numerous  illegal  immigrants, 
work  on  plantations  and  in  other  sectors.  Working  conditions  on  plantations  for 
these  laborers  compare  poorly  with  those  of  direct  hire  plantation  workers,  many 
of  whom  belong  to  the  National  Union  of  Plantation  Workers.  Moreover,  immigrant 
workers  in  the  construction  and  other  sectors,  particularly  if  they  are  illegal  aliens, 
generally  do  not  have  access  to  the  system  of  labor  adjudication,  (jovemment  inves- 
tigations into  this  problem  have  resulted  in  a  number  of  steps  to  eliminate  the 
abuse  of  contract  latwr.  For  example,  besides  expanding  programs  to  regularize  the 
status  of  immigrant  workers,  the  Government  investigates  complaints  of  abuses,  en- 
deavors to  inform  workers  of  their  rights,  encourages  workers  to  come  forward  with 
their  complaints,  and  warns  employers  to  end  abuses.  Like  other  employers,  labor 
contractors  may  be  prosecuted  for  violating  the  labor  laws. 


MARSHALL  ISLANDS 

The  Republic  of  the  Marshall  Islands,  a  self-governing  nation  under  the  Compact 
of  Free  Association  with  the  United  States,  is  composed  of  34  atolls  in  the  central 
Pacific,  with  a  total  land  area  of  about  70  square  miles.  The  approximately  56,000 


850 

inhabitants  are  of  Micronesian  origin  and  concentrated  primarily  on  Majuro  and 
Kwajalein  atolls. 

The  Constitution  provides  for  free  and  fair  elections,  executive  and  legislative 
branches,  and  an  independent  judiciary.  The  legislature  consists  of  the  Nitijela,  a 
33-member  Parliament,  and  a  Council  of  Chiefs  (Iroij),  which  serves  a  largely  con- 
sultative function  dealing  with  custom  and  traditional  practice.  The  President  is 
elected  by  majority  Nitijela  vote  and  he  appoints  his  Cabinet  from  its  membership. 
The  Government  attempts  to  influence  judicial  matters. 

Under  the  Compact  of  Free  Association,  the  United  States  is  responsible  for  de- 
fense and  national  security,  and  the  Marshall  Islands  has  no  external  security  force 
of  its  own.  The  national  and  local  police  forces  have  responsibility  for  internal  secu- 
rity. These  agencies  honor  constitutional  and  legal  civil  rights  protections  in  execut- 
ingtheir  responsibilities. 

The  economy  depends  mainly  on  transfer  payments  from  the  United  States.  Coco- 
nut oil  and  copra  exports,  a  small  amount  of  tourism,  import  and  income  taxes,  and 
fishing  licensing  fees  generate  limited  revenues. 

The  Government  generally  respected  the  human  rights  of  its  citizens,  and  the  law 
and  judiciary  provide  effective  means  of  dealing  with  individual  instances  of  abuse. 
However,  government  influence  leads  to  occasional  media  self-censorship,  and  also 
affects  judicial  matters.  There  were  instances  of  denial  of  due  process  for  detainees. 
Violence  against  women  and  child  abuse  are  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  expressly  forbids  such  practices,  and  there  were  no  reports  that 
officials  employed  them.  Prison  conditions,  while  Spartan,  meet  minimal  inter- 
national standards.  The  Government  permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention,  or  exile,  and  the  Government  generally  observes  this  prohibition. 
One  case  of  arbitrary  detention  resulted  in  denying  a  prisoner  for  8  months  his  right 
to  hear  charges  against  him  and  his  right  to  a  prompt  judicial  determination  of  the 
legality  of  the  detention.  In  10  other  reported  cases,  each  lasting  up  to  1  month, 
persons  were  denied  their  rights  to  be  charged  or  released  within  a  period  of  time, 
or  to  be  informed  of  the  charges. 

e.  Denial  of  Fair  Public  Trial. — ^The  Constitution  provides  for  an  independent  judi- 
ciary. However,  the  Government  attempts  to  influence  judicial  matters.  The  legisla- 
ture, for  example  amended  the  Judiciary  Act  to  resolve  any  inconsistency  between 
the  rule  of  the  court  and  an  act  of  the  legislature  in  favor  of  acts  of  the  legislature. 
It  also  made  signiflcant  changes  to  the  country's  civil  rules  and  process  apparently 
without  counsel  or  consideration  of  the  effects  on  the  court  system  or  the  populace. 

The  Constitution  provides  for  the  right  to  a  fair  trial,  and  the  Government  gen- 
erally respects  this  right. 

The  judiciary  consists  of  a  Supreme  Court  with  appellate  jurisdiction,  a  High 
Court  with  general  jurisdiction  in  civil  and  criminal  matters  and  appellate  jurisdic- 
tion over  subordinate  courts  at  the  district  and  community  levels,  and  a  Traditional 
Rights  Court  with  jurisdiction  in  cases  involving  matters  of  customary  law  and  tra- 
ditional practice. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  freedom  from  such  practices,  government  authorities  re- 
spect these  prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  the  Government  generally  honors  these  rights  in  practice.  How- 
ever, government  influence  leads  to  occasional  self-censorship  by  the  media  in  areas 
of  political  or  cultural  sensitivity. 

There  is  a  privately  owned  weekly  with  articles  and  opinions  in  both  English  and 
the  Marshallese  language. 

The  Government  publishes  a  monthly  gazette  containing  official  news  and  notices 
only. 


851 

There  are  four  radio  stations,  one  government  owned  and  three  privately  owned. 
There  is  a  cable  television  company  that  normally  shows  U.S.  programming  but  oc- 
casionally covers  local  events. 

The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly  and  association,  and  this  is  observed  in  practice. 

c.  Freedom  of  Religion. — tlie  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice. 

There  are  no  recent  reports  of  refugees.  The  Government  has  not  formulated  a 
policy  regarding  refugees,  asylees,  or  first  asylum. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  through  periodic  elections.  The  Nitijela 
(Parliament)  and  mayors  are  elected  by  secret  ballot  every  four  years  with  universal 
suffrage  for  citizens  18  years  of  age  and  older.  The  President  is  selected  by  the 
Nitijela  from  among  its  33  members.  Ten  Cabinet  Ministers  are  then  selected  by  the 
President  from  among  his  closes  supporters  in  the  Nitijela.  Executive  power  is  cen- 
tralized in  the  president  and  his  cabinet.  This  elite  group  dominates  the  legislature 
as  well.  There  are  no  restrictions  on  the  formation  of  political  parties,  but  no  formal 
parties  exist.  Political  activity  by  foreigners  is  prohibited. 

There  are  no  legal  impediments  to  women's  participation  in  government  and  poli- 
tics. One  woman  nolds  a  deputy  minister  position,  and  a  woman  is  acting  mayor 
of  Majuro.  Society  is  matrilineal,  and  those  men  and  women  who  exercise  tradi- 
tional leadership  and  land  ownership  powers  base  their  rights  either  on  their  own 
positions  in  the  family,  or  on  relationships  deriving  from  their  mother's  and  sister's 
lineage.  Urbanization,  however,  and  the  movement  away  from  the  lands  they  con- 
trol, IS  leading  to  a  decline  in  the  traditional  authority  previously  exercised  by 
women.  Women's  cultural  responsibilities  and  traditionally  passive  roles  are  not 
seen  to  be  managerial  or  executive  in  nature,  and  they  remain  underrepresented  in 
Parliament  and  other  government  positions. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigations of  Alleged  Violations  of  Human  Rights 
While  there  are  no  official  restrictions,  no  local  nongovernmental  human  rights 
organizations  have  been  formed.  No  international  human  rights  organization  has  ex- 
pressed interest  or  concern  or  visited  the  country. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cicd  Status 

The  Constitution  prohibits  discrimination  on  the  basis  of  sex,  race,  color,  lan- 

Oe,  religion,  political  or  other  opinion,  national  or  social  origin,  place  of  birth, 
ly  status  or  descent,  and  the  Government  generally  respects  these  provisions. 

Women. — The  Government  identifies  spousal  abuse  as  increasingly  common.  Wife 
beating  is  not  condoned  in  society,  and  most  assaults  occur  while  the  assailant  is 
under  the  influence  of  alcohol.  The  Government's  health  office  provides  counseling 
for  reported  spouse  and  child  abuse  cases,  but  advises  that  many  cases  go  unre- 
ported. Assault  is  a  criminal  offense,  but  women  involved  in  domestic  violence  are 
reluctant  to  prosecute  spouses  in  the  court  system.  Women's  groups  publicize  wom- 
en's issues  and  attempt  to  create  a  greater  awareness  of  the  rights  of  women.  Vio- 
lence against  women  outside  the  family  occurs,  and  women  in  the  urban  centers 
would  assume  a  risk  by  going  out  alone  after  dark. 

Inheritance  of  property  and  of  traditional  rank  is  matrilineal,  with  women  occupy- 
ing positions  of  importance  within  the  traditional  system.  No  instances  of  unequal 
pay  for  equal  work  or  sex-related  job  discrimination  were  reported.  However,  wnile 
women  workers  are  very  prevalent  in  the  private  sector,  many  of  them  are  in  low 
paying  iobs  with  little  hope  of  advancement. 

Children. — The  Government  is  committed  to  children's  welfare  through  its  pro- 

Sams  of  health  care  and  free  education,  but  these  have  not  been  adequate  to  meet 
e  needs  of  the  country's  sharply  increasing  population. 

It  is  estimated  that  up  to  20  percent  of  elementary  school  age  children  are  not 
enrolled  in  school.  The  Government's  enrollment  report  indicates  that  only  two- 
thirds  of  those  completing  eighth  grade  attend  high  school.  Of  that  number,  50  per- 
cent eventually  graduate. 


852 

Child  abuse  and  neglect  are  criminal  offenses.  Although  the  Government  has  rati- 
fied the  Convention  on  the  Rights  of  the  Child,  awareness  of  the  Convention  and 
its  provisions  remain  low  at  the  community  level.  The  law  requires  teachers, 
caregivers,  and  other  persons  to  report  instances  of  child  abuse  and  exempts  them 
from  civil  or  criminal  liability  as  a  consequence  of  making  such  a  report.  However, 
there  are  few  reports  and  few  prosecutions.  Child  abuse  and  neglect  are  considered 
to  be  on  the  increase.  Apparently  contributing  to  the  problem  are  the  influences  on 
family  life  and  traditional  values  arising  from  increased  urbanization,  unemploy- 
ment, population  pressures,  two-earner  households,  and  the  availability  of  gambling 
and  alcohol. 

People  With  Disabilities. — ^There  is  no  apparent  discrimination  against  disabled 
persons  in  employment,  education,  or  in  the  provision  of  other  state  services.  There 
are  no  building  codes,  and  there  is  no  legislation  mandating  access  for  the  disabled. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^The  Constitution  provides  for  the  right  of  free  asso- 
ciation in  general,  and  the  Government  interprets  this  right  as  allowing  the  exist- 
ence of  labor  unions,  although  none  has  been  formed  to  date.  The  Constitution  does 
not  provide  for  the  ri^t  to  strike,  and  the  Government  has  not  addressed  this  issue. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — ^There  is  no  legislation  con- 
cerning collective  bargaining  or  trade  union  organization.  However,  there  are  no  im- 
pediments to  the  organization  of  trade  unions  or  to  collective  bargaining.  Wages  in 
the  cash  economy  are  determined  by  maiicet  factors  in  accordance  with  the  mini- 
mum wage  and  other  laws. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  prohibits  invol- 
untary servitude,  and  there  is  no  evidence  of  its  practice.  The  law  does  not  specifi- 
cally prohibit  forced  and  bonded  labor  by  children  but  such  practices  are  not  known 
to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
does  not  specifically  prohibit  forced  and  bonded  labor  by  children,  but  such  practices 
are  not  known  to  occur  (see  Section  6.c.). 

The  law  does  not  prohibit  the  employment  of  children.  Children  are  not  typically 
employed  in  the  wage  economy,  but  some  assist  their  families  with  fishing,  agri- 
culture, and  other  small-scale  domestic  enterprises.  The  law  requires  compulsory 
education  for  children  from  6  to  14  years  of  age;  but  the  Government  does  not  en- 
force this  law  due  to  a  lack  of  classrooms  and  teachers.  There  is  no  law  or  regulation 
setting  a  minimum  age  for  employment  of  children. 

e.  Acceptable  Conditions  of  Work. — There  is  a  government-specified  minimum 
wage  established  by  law,  and  it  is  adequate  to  maintain  a  decent  standard  of  living 
in  this  subsistence  economy  where  extended  families  are  expected  to  help  less  fortu- 
nate members.  The  minimum  wage  for  all  government  and  private  sector  employees 
is  $2.00  per  hour.  (The  U.S.  dollar  is  the  local  currency.)  The  Ministry  of  Resources 
and  Development  oversees  minimum  wage  regulations,  and  its  oversight  has  been 
deemed  adequate.  Foreign  employees  and  Marshallese  trainees  of  private  employers 
who  have  invested  in  or  established  a  business  in  the  country  are  exempt  from  mini- 
mum wage  requirements.  This  exemption  does  not  affect  a  significant  segment  of 
the  work  force. 

There  is  no  legislation  concerning  maximum  hours  of  work  or  occupational  safety 
and  health.  Most  businesses  are  closed  and  people  generally  refrain  from  work  on 
Sunday. 

A  government  labor  ofiice  makes  recommendations  to  the  Nitijela  on  working  con- 
ditions, i.e.,  minimum  wage,  legal  working  hours  and  overtime  payments,  and  occu- 
pational health  and  safety  standards  in  accordance  with  International  Labor  Orga- 
nization conventions.  The  office  periodically  convenes  board  meetings  that  are  open 
to  the  public.  There  is  no  legislation  specifically  giving  workers  the  right  to  remove 
themselves  from  situations  which  endanger  their  health  or  safety  without  jeopardy 
to  their  continued  employment,  and  there  is  no  legislation  protecting  workers  who 
file  complaints  about  such  conditions. 


FEDERATED  STATES  OF  MICRONESIA 

The  Federated  States  of  Micronesia  (FSM)  is  composed  of  607  small  islands  ex- 
tending over  a  large  area  of  the  central  Pacific.  Four  states — Chunk  (formerly  Truk), 
Kosrae,  Pohnpei,  and  Yap — make  up  the  federation.  The  population  is  estimated  at 
106,000,  mostly  of  Micronesian  origin.  The  four  states  were  part  of  the  Trust  Terri- 


853 

tory  of  the  Pacific  Islands  and  were  administered  by  the  United  States  from  1947 
to  1986  pursuant  to  an  tigreement  with  the  United  Nations. 

Political  legitimacy  rests  on  the  popular  will  expressed  by  a  majority  vote  through 
elections  in  accordance  with  the  Constitution.  There  are  three  branches  of  govern- 
ment: An  executive  branch  led  by  a  president  who  also  serves  as  head  of  state,  a 
unicameral  legislature  elected  from  the  four  constituent  states,  and  a  judicial  sys- 
tem that  applies  criminal  and  civil  laws  and  procedures  closely  paralleling  those  of 
the  United  States. 

Under  the  Compact  of  Free  Association,  the  United  States  is  responsible  for  de- 
fense. The  FSM  has  no  security  forces  of  its  own,  aside  from  local  police  and  other 
law  enforcement  officers,  all  of  whom  are  firmly  under  the  control  of  the  civil  au- 
thorities. 

The  economy  depends  heavily  on  transfer  payments  from  the  United  States,  fish- 
ing, tourism,  and  subsistence  agriculture. 

The  Government  generally  respects  the  human  rights  of  its  citizens.  However,  The 
Government's  actions  during  the  year  called  into  question  its  support  for  freedom 
of  the  press.  Traditional  customs  sustain  a  value  system  that  distinguishes  between 
people  on  the  basis  of  social  status  and  sex.  There  is  evidence  of  some  increase  in 
both  spousal  abuse  and  child  neglect.  So  far  neither  the  Government  nor  other  orga- 
nizations have  successfully  filled  the  role  of  the  traditional  extended  family  in  pro- 
tecting and  supporting  its  members. 

RESPECT  FOR  HUMAN  RIGHTS 
Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
There  was  no  known  incidence  of  torture  or  other  cruel,  inhuman,  or  degrading 
treatment  or  punishment. 

Prison  conditions  meet  minimum  international  standards.  There  are  no  local  orga- 
nizations concerning  themselves  solely  with  human  rights,  and  the  question  of  visits 
by  human  ri^ts  monitors  has  not  arisen. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Legal  procedures,  for  the  most  part  pat- 
terned after  U.S.  law,  provide  for  due  process,  which  is  carefully  observed.  There 
is  no  governmental  use  of  exile  for  political  purposes. 

e.  Denial  of  Fair  Public  Trial. — TTie  Constitution  provides  for  an  independent  judi- 
ciary, and  it  is  independent  in  practice. 

The  Chief  Justice  of  the  Supreme  Court  is  appointed  by  the  President,  with  the 
advice  and  consent  of  the  Congress. 

Public  trial  is  provided  for  in  the  Bill  of  Rights,  and  trials  are  conducted  fairly. 
Juveniles  may  have  closed  hearings.  Despite  these  provisions,  cultural  resistance  to 
litigation  and  incarceration  as  methods  of  maintaining  public  order  have  allowed 
some  to  act  with  impunity.  Serious  cases  of  sexual  and  other  assault  and  even  mur- 
der have  not  gone  to  trial,  and  suspects  are  routinely  released  indefinitely. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
prohibits  such  arbitrary  interference,  and  in  practice  there  is  none. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  these  rights.  A 
recent  major  test  of  their  application,  however,  called  into  question  the  Govern- 
ment's concrete  support  for  tnose  rights,  and  whether  they  cover  all — or  only  non- 
controversial  and  nonadversarial — speech  and  publishing,  fn  recent  years  the  FSNTs 
only  regular  nongovernment  printed  news  source  has  been  the  FSM  News,  edited 
and  written  by  Canadian  citizen  Sherry  O'SuUivan.  The  monthly  was  primarily 
noted  for  its  reporting  on  alleged  instances  of  government  malfeasance.  In  March 
the  Congress  unanimously  passed  a  resolution  that  O'SuUivan  be  declared  an  "unde- 
sirable alien;"  she  was  later  fired  from  her  editorial  position,  and  subsequently 
brought  suit  against  her  former  business  partners  and  several  government  rep- 
resentatives for  libel.  In  accordance  with  the  law,  which  requires  departure  when 
work  contracts  end,  O'SuUivan  left  the  country,  but  asked  to  return  in  order  to  con- 
tinue publishing  with  new  backers.  This  permission  was  refused  by  the  President, 
who  cited  her  afleged  violation  of  immigration  regulations  as  the  reason  for  the  deci- 
sion. The  Supreme  Court  later  denied  the  application  for  even  limited  entry  in  con- 
nection with  her  pending  lawsuit.  The  decisions  of  the  Government  to  remove 
O'SuUivan  and  subsequently  deny  her  reentry  appeared  directly  linked  to  her  pub- 


854 

lishing  activities,  and  aimed  at  stifling  investigation  and  criticism  of  government  ac- 
tivities and  figures. 

Each  of  the  four  state  governments  controls  a  radio  station  broadcasting  primarily 
in  the  local  language.  Local  television  programming  in  some  states  shows 
videotaped  and  occasionally  live  coverage  oi  local  sports  and  political  and  cultural 
events.  Subscription  cable  television,  showing  major  U.S.  programming,  is  available 
in  Chunk  and  Pohnpei.  Religious  groups  operate  private  radio  stations.  The  national 
Government  and  the  four  states  publisn  newsletters. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Bill  of  Rights  provides  for 
freedom  of  peaceful  assembly  and  association,  and  the  Government  respects  these 
in  practice.  During  political  campaigns,  citizens  often  question  candidates  at  public 
meetings.  Formal  associations  are  uncommon  in  Micronesia,  but  student  organiza- 
tions exist. 

c.  Freedom  of  Religion. — The  Bill  of  Rights  forbids  establishment  of  a  state  reli- 
gion and  ffovemmental  restrictions  on  freedom  of  religion.  The  (Jovemment  respects 
uiis  freecfom  in  practice;  it  is  hospitable  to  diverse  religions,  and  missionaries  of 
many  faiths  work  within  the  nation. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  has  specific  provisions  for  freedom  of  movement  with- 
in the  FSM.  It  is  silent  on  foreign  travel,  emigration,  and  repatriation,  but  in  prac- 
tice none  of  these  is  restricted. 

There  have  been  no  refugees  or  asylum  seekers  in  the  FSM,  and  the  Government 
has  not  formulated  a  policy  regarding  refugees,  asylees,  or  first  asylum. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Congress  is  elected  bv  popular  vote  from  each  state;  the  Congress  then  choos- 
es the  President  and  Vice  pTesiaent  from  among  its  four  at-large  senators  by  major- 
ity vote.  State  governors,  state  legislators,  and  municipal  governments  are  all  elect- 
ed by  direct  popular  vote.  Political  campaigning  is  unrestricted,  and,  as  there  are 
no  establishea  political  parties,  political  support  is  generally  courted  from  among 
family  and  allied  clan  groupings. 

Although  there  are  no  restrictions  on  the  formation  of  political  groups,  there  have 
been  no  significant  efforts  to  form  political  parties. 

Cultural  factors  in  the  male-dominated  society  have  limited  women's  representa- 
tion in  government  and  politics.  Although  women  are  represented  in  mid-level  posi- 
tions at  both  the  federal  and  state  level,  there  are  no  women  in  leadership  roles  at 
the  highest  government  levels. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  were  no  known  reouests  for  investigations  of  alleged  human  rights  viola- 
tions. While  there  are  no  ofiicial  restrictions,  there  are  no  local  groups  exclusively 
concerned  with  human  rights.  There  are,  however,  women's  groups  which  concern 
themselves  with  rights  for  women  and  children. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Although  the  Constitution  provides  explicit  protection  against  discrimination 
based  on  race,  sex,  language,  or  religion,  there  is  extensive  societal  discrimination, 
notably  discrimination  and  violence  against  women.  Government  enforcement  of 
these  constitutional  protections  is  weak. 

Women. — Most  violence  against  women  occurs  in  the  family  context.  In  the  tradi- 
tional Micronesian  extended  family  unit,  spouses  and  children  were  accorded  strong 
protections  from  violence,  abuse,  and  neglect.  These  were  deemed  offenses  against 
the  family,  not  just  the  individuals,  and  were  dealt  with  by  a  complex  system  of  fa- 
milial sanctions.  With  increasing  urbanization  and  monetarization  of  the  FSM  econ- 
omy, however,  more  and  more  emphasis  has  been  placed  on  the  nuclear  family,  and 
the  traditional  methods  of  coping  with  family  discord  are  breaking  down.  So  far,  no 
government  agency,  including  the  police,  has  been  successful  in  replacing  that  ex- 
tended family  system  or  in  addressing  the  issue  of  familial  violence  directly. 

Incidents  of  both  reported  and  unreported  spousal  abuse,  often  of  increasing  se- 
verity, continue  to  rise.  Effective  prosecution  of^such  offenses  is  rare.  In  many  cases 
the  victim  is  pressured  by  family,  or  fears  of  further  assault,  or  is  convinced  that 
the  police  will  not  actively  involve  themselves  in  what  is  seen  as  a  private,  family 
problem,  and  decides  against  pressing  legal  charges.  There  are  no  laws  against  do- 
mestic abuse,  and  no  governmental  or  private  facilities  to  shelter  ana  support 
women  in  abusive  situations. 


855 

There  are  also  a  growing  number  of  cases  of  physical  and  sexual  assaults  against 
women  outside  the  family  context.  These  assaults  are  perpetrated  against  both  citi- 
zens and  foreigners.  Unmarried  women  are  sometimes  considered  to  have  invited 
such  violence  by  living,  traveling,  or  socializing  alone. 

Women  have  equal  rights  under  the  law,  and  there  are  no  cultural  or  institutional 
barriers  to  education  and  employment.  Women  receive  equal  pay  for  equal  work; 
they  are  well-represented  in  the  lower  and  middle  ranks  of  government,  although 
there  are  no  women  at  the  highest  levels  of  government.  Women  are  active  and  in- 
creasingly successful  in  private  business  and  enterprise.  There  has  been  a  National 
Women's  Advisory  Council  in  existence  since  1992,  and  there  are  several  small  non- 
governmental groups  interested  in  women's  issues,  particularly  ones  associated  with 
spousal  and  family  violence  and  abuse. 

Children. — The  Government  is  committed  to  children's  welfare  through  its  pro- 
grams of  health  care  and  education,  but  these  have  not  been  adequate  to  meet  the 
needs  of  the  country's  sharply  growing  population  in  an  environment  in  which  the 
extended  family  is  breaking  down. 

People  With  Disabilities. — Neither  laws  nor  regulations  mandate  accessibility  to 
public  buildings  and  services  for  the  disabled.  Schools  have  established  special  edu- 
cation classes  to  address  problems  encountered  by  those  who  exhibit  learning  dis- 
abilities, although  such  classes  are  completely  dependent  on  outside  funding 
sources. 

National  / Racial  / Ethnic  Minorities. — The  FSM  prohibits  non-Micronesians  from 
purchasing  land  in  the  FSM,  and  the  national  Congress  grants  citizenship  to  non- 
Micronesians  only  by  individual  acts.  For  the  most  part,  however,  non-Micronesians 
share  fully  in  the  social  and  cultural  life  of  the  FSM. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Under  the  Bill  of  Rights,  citizens  have  the  right  to 
form  or  join  associations,  and  national  government  employees  by  law  may  form  asso- 
ciations to  "present  their  views '  to  the  Government.  However,  as  yet,  neither  asso- 
ciations nor  trade  unions  have  been  formed  in  this  largely  nonindustrial  society. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — There  is  no  law  dealing  spe- 
cifically with  trade  unions  or  with  the  right  to  collective  bargaining.  Wages  are  set 
by  individual  employers,  the  largest  of  which  are  the  national  and  state  govern- 
ments. The  Government  is  not  a  member  of  the  International  Labor  Organization. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  specifically  pro- 
hibits involuntary  servitude,  and  there  is  no  evidence  of  its  practice.  Children  are 
not  specifically  cited  in  this  prohibition,  but  forced  and  bonded  labor  by  children  is 
not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Neither 
the  Constitution  nor  the  law  specifically  prohibits  forced  and  bonded  labor  by  chil- 
dren, but  such  practices  are  not  known  to  occur  (see  Section  6.c.).  There  is  no  law 
establishing  a  minimum  age  for  employment  of  children.  While  in  practice  there  is 
no  employment  of  children  for  wages,  they  oflen  assist  their  families  in  subsistence 
farming  activities.  The  FSM  does  have  a  compulsory  education  law  which  requires 
that  all  children  begin  school  at  the  age  of  6.  Children  may  leave  school  when  they 
reach  the  age  of  14  or  after  completing  the  eighth  grade,  whichever  comes  first. 

e.  Acceptable  Conditions  of  Work. — The  four  state  governments  have  established 
minimum  wage  rates  for  government  workers.  Pohnpei  has  a  minimum  hourly  wage 
rate  of  $2.00  for  government  and  $1.35  for  private  workers.  The  other  three  states 
have  established  minimum  hourly  rates  for  only  government  workers,  $1.25  for 
Chuuk;  $1.35  for  Kosrae;  and  $0.80  for  Yap.  The  minimum  hourly  wage  for  employ- 
ment with  the  national  Government  is  $1.68.  These  minimum  wage  structures  and 
the  wages  customarily  paid  to  skilled  workers  are  sufficient  to  provide  an  acceptable 
standard  of  living  under  local  conditions. 

There  are  no  laws  regulating  hours  of  work  (although  a  40-hour  workweek  is 
standard  practice)  or  prescribing  standards  of  occupational  safety  and  health.  A  fed- 
eral regulation  requires  that  employers  provide  a  safe  place  of  employment.  The  De- 
partment of  Health  has  no  enforcement  capability;  working  conditions  vary  in  prac- 
tice. 

The  FSM  does  not  have  any  law  for  either  the  public  or  private  sector  which 
would  permit  workers  to  remove  themselves  from  dangerous  work  situations  with- 
out jeopardy  to  their  continued  employment. 


856 
MONGOLIA 

Mongolia  made  further  progress  in  its  transition  from  a  highly  centralized  Com- 
munist-led state  to  a  full-fledged,  multiparty,  parliamentary  democracy,  although 
these  gains  stiU  must  be  solidinea,  and  the  process  continues  to  evolve.  The  F*rune 
Minister  is  nominated  by  the  President  and  approved  by  the  State  Great  Hural,  the 
national  legislature.  Mongolia's  progress  in  the  development  of  democratic  institu- 
tions was  demonstrated  by  the  unexpected  June  1996  election  defeat  of  the  Mongo- 
lian People's  Revolutionary  Party  (MPRP),  which  had  been  in  power  since  1921.  "nie 
MPRP  accepted  its  defeat  and  has  entered  into  its  role  in  opposition.  There  are  12 
political  parties,  4  or  which  hold  seats  in  the  Hural. 

Security  forces  are  under  civilian  control;  the  Minister  of  Defense  is  the  first  civil- 
ian to  hold  this  post.  The  national  police  have  primary  responsibility  for  internal 
security.  The  mihtary  forces  are  responsible  for  external  security,  including  border 
security.  Reduced  government  spending  continued  to  force  downsizing  of  the  mili- 
tary forces.  The  State  Security  Agency  (SSA),  formerly  the  Mongolian  Central  Intel- 
ligence Agency  (MCIA)  is  responsible  for  internal  security;  its  head  has  ministerial 
status  and  reports  directly  to  the  Prime  Minister,  a  Hural  committee  oversees  the 
military  forces,  the  police,  and  the  SSA.  Some  members  of  the  security  forces  com- 
mitted occasional  human  rights  abuses. 

Despite  reforms  in  the  1990's,  most  large  economic  entities  remain  under  state 
control;  the  Government  plans  to  privatize  60  percent  of  these  entities  by  2000.  The 
economy  continued  to  expand  and  strengthen,  despite  inflation  of  23  percent.  Mon- 
golia remains  a  very  poor  country,  with  per  capita  income  at  approximately  $340 
per  year.  It  relies  heavily  on  foreign  economic  assistance.  The  mainstays  of  the  econ- 
omy continue  to  be  copper  production  and  other  mining,  livestock  raising,  which  is 
done  bj^  a  majority  of  the  rural  population,  and  related  food-,  wool-,  and  hide-proc- 
essing industries,  which  meet  both  local  needs  and  produce  goods  for  export.  A 
growing  trade  and  small  entrepreneurial  sector  in  the  cities  provides  basic  consumer 
goods.  Minerals,  especially  copper,  comprise  the  bulk  of  export  earnings.  An  unreli- 
able energy  system,  a  lack  of^  transportation  and  other  infrastructure,  and  a  smaU 
domestic  martet  discourage  foreign  investment. 

The  Government  generally  respected  the  human  rights  of  its  citizens.  Problems 
remain,  however,  including  occasional  beatings  of  detainees  and  prisoners  by  mem- 
bers of  the  security  forces,  poor  prison  conditions,  restrictions  on  due  process  for  de- 
tainees, occasional  government  manipulation  of  the  media,  and  violence  against 
women. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

Several  dozen  prisoners  died  in  custody  during  the  year,  at  least  partially  due  to 
inadeqpiate  management  and  oversight  by  the  authorities  (see  Section  I.e.). 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  the  Constitution  forbids  such  practices,  there  were  credible  reports  that 
police  and  prison  officials  sometimes  beat  or  otherwise  physically  abused  prisoners 
and  detainees.  F*rison  facilities  are  poor — including  insufficient  food  and  heat — and 
threaten  the  health  of  detainees.  With  the  continuing  rise  in  crime  and  subsequent 
increase  in  the  prison  and  pretrial  detainee  population,  severe  crowding  in  both 
prisons  and  detention  facilities  is  common,  aggravating  management  and  resource 
problems. 

The  deaths  of  several  dozen  prisoners  from  undetermined  health-related  causes 
appears  at  least  partially  attributable  to  negligence  and  inadequate  oversight.  How- 
ever, there  is  no  evidence  of  a  pattern  of  deliberate  abuse  or  of^  a  policy  of  withhold- 
ing food  or  other  necessities  as  punishment. 

The  Government  permits  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  provides  that  no  person 
shall  be  searched,  arrested,  detained,  or  deprived  of  liberty  except  by  law,  but  these 
protections  have  not  been  fully  codified.  Under  the  Criminal  Procedures  Code,  police 
may  arrest  those  caught  committing  a  crime  and  hold  them  for  up  to  72  hours  be- 
fore the  decision  is  taken  to  prosecute  or  release.  A  warrant  must  be  issued  by  a 
prosecutor  for  incarceration  of  longer  duration  or  when  the  actual  crime  was  not 
witnessed.  A  detainee  has  the  right  to  a  defense  attorney  during  this  period  and 
during  any  subsequent  stage  of  the  legal  process.  If  a  defendant  cannot  anord  a  pri- 
vate attorney,  the  State  will  appoint  an  attorney. 


857 

The  Goveroment  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary. The  courts  are  independent,  and  there  is  no  evidence  that  they  discriminate 
against  any  group,  or  that  decisions  are  made  for  political  reasons. 

The  court  system  consists  of  local  courts,  provincial  courts,  and  the  Supreme 
Court.  The  9-member  Supreme  Court  is  at  the  apex  of  the  judicial  system,  hearing 
appeals  from  lower  courts  and  cases  involving  alleged  misconduct  by  high-level  ofli- 
ciais.  Local  courts  hear  mostly  routine  criminal  and  civil  cases;  provincial  courts 
hear  more  serious  cases  such  as  rape,  murder,  and  grand  larceny  and  also  serve  as 
the  appeals  court  for  lower  court  aecisions.  A  Constitutional  Court,  separate  from 
the  criminal  court  system,  has  sole  jurisdiction  over  constitutional  questions.  The 
General  Council  of  Courts,  an  independent  administrative  body,  nominates  can- 
didates for  vacancies  on  both  the  supreme  and  lower  courts;  the  President  has  the 
power  to  ratify  or  refuse  to  approve  such  nominations.  The  Council  also  is  charged 
with  ensuring  the  rights  of  judges  and  providing  for  the  independence  of  the  judici- 
ary. 

All  accused  persons  are  provided  due  process,  legal  defense,  and  a  public  trial,  al- 
though closed  proceedings  are  permitted  in  cases  involving  state  secrets,  rape  cases 
involving  minors,  and  other  cases  provided  by  law.  Defendants  may  question  wit- 
nesses and  appeal  decisions. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  that  the  State  shall  not  interfere  with  the  private  beliefs  and 
actions  of  citizens,  and  the  Government  generally  respects  this  in  practice.  The  head 
of  the  SSA  mav,  with  the  knowledge  and  consent  of  the  Prime  Minister,  direct  the 
monitoring  and  recording  of  telephone  conversations.  The  extent  of  such  monitoring 
is  unknown.  The  MPRP  accused  the  then-Mongolian  Central  Intelligence  Agency  of 
spying  on  some  of  its  members  in  November  1996.  An  investigation  by  the  Hural 
found  the  accusations  to  be  true,  and  the  head  of  the  MCIA  was  fired.  The  MCIA 
was  reorganized  and  renamed. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  the  ri^ts  of  free- 
dom of  speech,  press,  and  expression.  The  Government  generally  respects  these 
rights  in  practice.  An  increasing  variety  of  newspapers  and  other  publications  rep- 
resent major  political  party  viewpoints  as  well  as  independent  views.  However,  both 
state-controlled  and  independent  media  have  been  occasionally  manipulated  by  the 
State  in  order  to  put  forward  government  policy.  State-controlled  media  remain  the 
largest  organizations  by  far.  Independent  media  sometimes  complain  of  unequal  ac- 
cess to  government  information  and  officials.  One  example  of  official  manipulation 
was  a  dispute  between  a  private  Western-Mongolian  joint  venture  and  the  govern- 
ment body  responsible  for  oversight  of  such  joint  ventures.  Editors  of  independent 
media  reported  being  threatened  with  charges  of  violating  state  secrets  for  having 
reported  on  government  electronic  surveillance  prior  to  the  1996  local  elections.  One 
independent  newspaper  reported  that  its  office  telephones  were  monitored  by  gov- 
ernment security  forces. 

Although  in  the  past  the  Government  controlled  access  to  newsprint,  all  news- 
papers now  buy  newsprint  directly  from  private  suppliers,  and  neither  party-affili- 
ated nor  independent  news  media  report  difficulty  securing  an  adequate  supply.  Due 
to  transportation  difficulties,  uneven  postal  service,  and  uuctuations  in  the  amount 
of  newsprint  available,  access  to  a  full  range  of  publications  is  restricted  in  outlying 
regions. 

Libel  laws  are  very  generous  to  plaintiffs  as  well  as  a  hurdle  for  small  media.  One 
negative  judgment  can  lead  to  bankruptcy,  while  the  larger,  state-owned  media  can 
more  readily  sustain  such  adverse  financial  judgments. 

There  is  a  government-financed  television  station  with  countrywide  reception  ca- 
pability, a  limited-operation  international  joint  venture  private  television  channel, 
a  new  private  television  station,  and  several  radio  stations  in  Ulaanbaatar.  State- 
owned  radio  is  particularly  important  as  the  major  source  of  news  in  the  country- 
side. Both  official  and  private  media  present  opposition  and  government  news.  Resi- 
dents of  Ulaanbaatar  also  have  access  to  television.  Citizens  receive  broadcasts  from 
China,  Russia,  Japan,  the  United  Kingdom,  France,  Germany,  the  United  States, 
and  other  countries  by  commercial  satellite  and  cable  television  systems.  An  esti- 
mated 20  percent  of  households  have  television. 

The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 


858 

c.  Freedom  of  Religion. — ^The  Constitution  provides  for  the  right  both  to  worship 
and  not  to  worship  and  expUcitly  recognizes  the  separation  of  church  and  state.  The 
Government  generaUy  respects  these  provisions  in  practice.  Althou^  Mongolia  has 
no  official  state  religion,  tne  Government  has  contributed  to  the  restoration  of  sev- 
eral Buddhist  sites.  There  are  important  religious,  historical,  and  cultural  centers. 
It  does  not  subsidize  the  Buddhist  religion  in  other  ways. 

Although  under  the  provisions  of  a  1993  law  on  relations  between  church  and 
state,  the  Crovemment  may  supervise  and  limit  the  numbers  of  both  places  of  wor- 
ship and  clergy  for  organized  religions;  there  are  no  reports  that  it  has  done  so.  Reli- 
gious groups,Tiowever,  must  re^ster  with  the  Ministry  of  Justice.  Proselytizing  is 
allowea,  although  a  Ministry  of  Education  directive  bans  the  mixing  of  foreign  lan- 
guage or  other  training  with  religious  teaching  or  instruction.  Contacts  with  coreli- 
gionists outside  the  country  are  allowed. 

The  Government  closed  some  Buddhist,  Christian,  and  Bahai  places  of  worship  for 
failing  to  register  properly,  and  it  prevented  one  foreign  religious  organization  from 
importing  Mongohan  language  Christian  videotapes  and  books  for  children.  It  re- 
portedly did  so  Decause  the  organization  tried  to  claim  status  as  a  nongovernmental 
organization  (NGO),  rather  than  as  a  religious  organization. 

a.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  of  movement  within  the  country 
as  well  as  the  right  to  travel  and  return  without  restriction,  and  the  Government 
generally  respects  these  rights  in  practice.  By  regulation  some  categories  of  foreign- 
ers who  wish  to  travel  for  more  than  1  week  must  notify  police  authorities  of  their 
projected  destination. 

liie  Government  cooperates  with  the  U.N.  High  Commissioner  for  Refugees  and 
other  humanitarian  organizations  in  assisting  remgees  in  the  small  number  of  cases 
reported  in  which  such  status  has  been  claimed.  There  were  no  reports  of  forced  ex- 
piusion  of  those  having  a  valid  claim  to  refugee  status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
through  periodic,  free  elections  by  secret  ballot  and  universal  suffrage.  Presidential, 
parliamentary,  and  local  elections  are  held  separately.  In  the  May  presidential  elec- 
tions, MPRP  candidate  Natsagiin  Bagabanai  defeated  the  incumbent  President 
Punsalmaagiin  Ochirbat  and  a  third  candidate  in  elections  that  were  free  and  fair, 
mariring  the  third  consecutive  election — including  1996  parliamentary  and  local 
elections — in  which  the  governing  party  was  defeated. 

There  are  12  registered  political  parties;  4  are  represented  in  the  Hural. 

There  are  no  legal  impediments  to  the  participation  of  women  or  minorities  in 
government  and  politics.  Women  are  not  represented  in  the  highest  levels  of  the 
Government  and  in  the  highest  echelons  of  the  judiciary.  Only  7  of  76  Hural  mem- 
bers are  women.  Although  there  are  significant  numbers  of  women  in  various  mid- 
level  ministry  positions,  there  are  no  women  in  the  Cabinet  or  the  Supreme  or  Con- 
stitutional Courts.  The  low  number  of  women  at  the  highest  levels  of  government 
has  several  causes,  including  tradition  and  some  degree  oi  discrimination  by  the  vir- 
tually all-male  leadership  structure. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  nndings  on  human  rights  cases.  Government  officials 
are  generally  cooperative  and  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  states  that  ".  .  .  no  person  shall  be  discriminated  against  on  the 
basis  of  ethnic  origin,  language,  race,  age,  sex,  social  ori^n,  or  status,"  and  that 
".  .  .  men  and  women  shall  he  equal  in  political,  economic,  social,  cultural  fields, 
and  family."  The  Government  generally  eniorces  these  provisions  in  practice. 

Women. — There  is  increasing  public  and  media  discussion  of  domestic  violence,  in- 
cluding spousal  and  child  abuse,  after  many  years  of  government  and  societal  de- 
nial. Although  there  are  no  reliable  or  exact  statistics  regarding  the  extent  of  such 
abuse,  human  rights  groups,  women's  groups,  resident  diplomats,  and  other  observ- 
ers believe  that  it  is  a  common  phenomenon.  The  large  economic  and  societal 
changes  underway  have  created  new  stresses  on  families,  including  loss  of  jobs,  in- 
flation, and  lowered  spending  on  social  and  educational  programs.  These  factors, 
coupled  with  the  serious  problems  caused  by  extremely  high  rates  of  alcohol  abuse, 
have  led  to  increased  instances  of  family  abuse  and  abandonment,  and  have  added 


859 

to  the  number  of  single-parent  families,  most  of  which  are  headed  by  women.  Al- 
though women's  groups  advocate  new  statutes  to  cope  with  domestic  violence,  there 
is  no  known  police  or  government  intervention  in  cases  involving  violence  against 
women  beyond  prosecution  under  existing  assault  laws  after  formal  charges  have 
been  filed.  Rape  is  illegal,  and  offenders  can  be  prosecuted  and  convicted,  but  there 
is  no  law  specifically  prohibiting  spousal  rape. 

The  Constitution  provides  men  and  women  with  equal  rights  in  all  areas  and, 
both  by  law  and  practice,  women  receive  equal  pay  for  equal  work  and  have  equal 
access  to  education.  Women  represent  about  half  the  workforce,  and  a  significant 
number  are  the  primary  earners  for  their  families.  Although  many  women  occupy 
midlevel  positions  in  government  and  the  professions,  and  many  are  involved  in  the 
creation  and  management  of  new  trading  and  manufacturing  businesses,  women  are 
almost  completely  absent  from  the  highest  leadership  levels  of  both  the  public  and 
private  sectors.  There  is  no  government  agency  that  oversees  women's  rights,  nor 
are  there  any  notable  efforts  by  the  Government  to  encourage  greater  representa- 
tion by  women  in  government  policymaking. 

A  small  number  of  women's  rights  groups  concern  themselves  with  such  issues  as 
maternal  and  children's  health  and  domestic  violence.  The  law  prohibits  women 
from  working  in  certain  occupations  that  require  heavy  labor  or  exposure  to  chemi- 
cals that  could  affect  infant  and  maternal  health.  The  Government  enforces  these 
provisions. 

Children. — Increased  stress  on  the  family  structure  and  throughout  society  has 
had  adverse  effects  on  many  children,  and  the  Government  has  been  unable  to  keep 
pace  with  all  of  the  educational,  health,  and  social  needs  of  the  most  rapidly  grow- 
ing segment  of  its  population.  The  Government  provides  children  of  both  sexes  with 
free  public  education  through  the  age  of  16,  although  family  economic  needs  and 
state  budgetary  difficulties  make  it  difficult  for  some  children  to  attend  school.  Edu- 
cation is  compulsory  until  the  age  of  16.  In  addition  there  continues  to  be  a  severe 
shortage  of  teaching  materials  at  all  educational  levels. 

There  are  growing  numbers  of  infants  and  small  children  orphaned  by  maternal 
deaths  and  desertion,  and  in  Ulaanbaatar  and  major  urban  centers  there  are  grow- 
ing populations  of  street  children.  There  are  an  estimated  3,000  street  children.  The 
Government  is  committed  in  principle  to  children's  rights  and  welfare,  but  it  pro- 
vides only  minimal  support  for  the  few  shelters  and  orphanages  that  do  exist,  and 
those  facilities  must  turn  to  private  sources  to  sustain  their  activities. 

Mongolia  has  a  long  tradition  of  support  for,  and  often  communal  raising  of  chil- 
dren, and  this  tradition  enjoys  public  support.  The  Government  has  been  reluctant 
to  admit  the  extent  of  the  problem  of  orphaned  children  and  slow  to  take  steps  to 
improve  the  welfare  of  chilaren  who  have  become  the  victims  of  larger  societal  and 
familial  changes. 

People  With  Disabilities. — There  is  no  discrimination  against  disabled  persons  in 
emplovment  and  education,  and  the  Government  provides  benefits  to  the  disabled 
accorcung  to  the  nature  and  severity  of  disability.  Those  who  have  been  injured  in 
industrial  accidents  have  the  right  to  be  reemployed  when  ready  to  resume  work. 
The  Government  also  provides  tax  benefits  to  enterprises  which  hire  the  disabled, 
and  some  firms  hire  the  disabled  exclusively.  There  is  no  legislation  mandating  ac- 
cess for  the  disabled. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  entitles  all  workers  to  form  or  join 
union  and  professional  organizations  of  their  choosing.  Union  officials  estimate  that 
union  membership  totals  over  400,000  persons,  somewhat  less  than  half  the 
workforce.  Union  membership  is  decreasing  as  the  economy  shifts  from  large  state 
enterprises  and  as  increasing  numbers  of  workers  either  become  self-employed  or 
work  at  small,  nonunionized  firms.  No  arbitrary  restrictions  exist  on  who  may  be 
a  union  official;  officers  are  elected  by  secret  ballot. 

Union  members  have  the  right  to  strike.  Those  employed  in  essential  services, 
which  the  Government  defines  as  occupations  critical  for  national  defense  and  safe- 
ty, including  police,  utility,  and  transportation  workers,  do  not  have  the  right  to 
strike. 

Most  union  members  are  affiliated  with  the  Mongolian  Trade  Unions  Confed- 
eration, but  some  are  affiliated  with  the  newer  Association  of  Free  Trades  Unions. 
Both  organizations  have  ties  with  international  labor  organizations  and  confed- 
erations in  other  countries. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — In  theory,  wage  levels  and 
other  employment  issues  are  decided  in  tripartite  contract  negotiations  between  em- 
ployer, union,  and  government  representatives.  The  Government's  role  is  limited  to 
ensuring  that  the  contract  meets  legal  requirements  as  to  hours  and  conditions  of 


860 

work.  In  practice  wages  and  other  conditions  of  employment  are  set  mainly  by  the 
employer,  whether  that  employer  is  a  private  firm  or  the  Government. 
There  are  no  export  processmg  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  law  specifically  prohibits 
forced  or  compulsory  labor,  including  forced  labor  by  children.  The  Government  en- 
forces this  law.  However,  most  members  of  the  military  forces  are  required  to  help 
with  the  fall  harvest. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Ernployment. — ^The  Gov- 
ernment prohibits  forced  and  bonded  labor  by  children,  and  enforces  this  prohibition 
effectively  (see  Section  6.c.).  The  law  prohibits  children  under  the  age  of  16  from 
working,  although  those  14  and  15  years  of  age  may  do  so  with  parental  consent. 
Those  under  18  years  of  age  may  not  woric  at  night,  engage  in  arduous  work,  or 
work  in  dangerous  occupations  such  as  mining  and  construction.  Enforcement  of 
these  prohibitions,  as  well  as  all  other  labor  regulations,  is  the  responsibility  of 
state  labor  inspectors  assigned  to  regional  and  local  offices.  These  inspectors  have 
the  authority  to  compel  immediate  compliance  with  labor  legislation,  out  enforce- 
ment is  limited  due  to  the  small  number  of  labor  inspectors  and  the  growing  num- 
ber of  independent  enterprises. 

e.  Acceptable  Conditions  of  Work. — The  monthly  legal  minimum  wage  is  approxi- 
mately $12  (9600  tugriks)  per  month.  This  level  applies  to  both  public  and  private 
sector  workers  and  is  enforced  by  the  Ministry  of  Health  and  Welfare.  This  is  the 
lowest  wage  for  manual  labor,  such  as  janitorial  work;  virtually  all  civil  servants 
earn  more  than  this  amount,  and  many  in  private  businesses  earn  considerably 
more.  The  minimum  wage  alone  is  insufficient  to  provide  a  decent  standard  of  living 
for  a  worker  and  family. 

The  law  sets  the  standard  legal  workweek  at  46  hours  and  establishes  a  minimum 
rest  period  of  42  hours  between  workweeks.  For  those  under  18  years  of  age,  the 
workweek  is  36  hours,  and  overtime  work  is  not  allowed.  Overtime  work  is  com- 
pensated at  either  double  the  standard  hourly  rate  or  by  giving  time  off  equal  to 
the  number  of  hours  of  overtime  worked.  Pregnant  women  and  nursing  mothers  are 
prohibited  by  law  from  working  overtime. 

Laws  on  labor,  cooperatives,  and  enterprises  set  occupational  health  and  safety 
standards,  and  the  Ministry  of  Health  and  Welfare  provides  enforcement.  According 
to  labor  law,  workers  have  the  right  to  remove  themselves  from  dangerous  work  sit- 
uations and  still  retain  their  jobs.  Mongolia's  near-total  reliance  on  outmoded  ma- 
chinery and  problems  with  maintenance  and  management  lead  to  frequent  indus- 
trial accidents,  particularly  in  the  mining,  power,  and  construction  sectors.  Effective 
enforcement  of  existing  occupational  health  and  safety  standards  is  difficult  because 
the  Government  has  less  than  40  full-time  inspectors  to  cover  all  firms,  including 
a  growing  number  of  small  enterprises.  Some  of  the  major  industrial  sectors,  how- 
ever, have  part-time  inspectors. 


NAURU 

The  Republic  of  Nauru,  a  small  Pacific  island  with  about  10,500  inhabitants, 
gained  independence  in  1968,  at  which  time  it  adopted  a  modified  form  of  par- 
liamentary democracy.  Nauru  has  two  levels  of  government,  the  unicameral  Par- 
liament and  the  Nauru  Island  Council  (NIC).  Parfiamentary  elections  must  be  held 
at  least  triennially.  The  Parliament,  consisting  of  18  members  from  14  constitu- 
encies, is  responsible  for  national  and  international  matters.  It  elects  the  President, 
who  is  both  Head  of  State  and  Head  of  Government,  from  among  its  members.  The 
NIC  acts  as  the  local  government  and  is  responsible  for  public  services.  The  judici- 
ary is  independent. 

Nauru  has  no  armed  forces  although  it  does  maintein  a  small  police  force  (less 
than  100  members)  under  civilian  control. 

The  economy  depends  almost  entirely  on  the  country's  declining  phosphate  depos- 
its— although  recent  government  statements  indicate  that  new  drilling  technology 
may  extend  the  productivity  of  its  mines.  The  mining  industry  is  controlled  by  the 
government-owned  Nauru  Phosphate  Corporation  (NPC).  The  Government  places  a 
large  percentage  of  the  NPC's  earnings  in  long-term  investments  meant  to  support 
the  citizenry  after  the  phosphate  reserves  have  been  exhausted.  The  Governments 
of  Nauru  and  Australia  reached  a  $70.4  million  out-of-court  settlement  in  1993  for 
rehabilitation  of  the  Nauruan  lands  ruined  by  Australian  phosphate  mining. 

Fundamental  human  rights  are  provided  for  in  the  Constitution  and  are  generally 
respected  in  practice.  There  were  no  reports  of  specific  human  rights  abuses,  but 
in  tiie  traditional  culture  women  occupy  a  subordinate  role,  with  limits  on  their  job 


861 

opportunities.   Complaints  of  discrimination   against  non-Nauruan  Pacific  island 
workers,  particularly  in  treatment  by  police  and  in  housing,  continued. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  these  practices,  and  the  Government  respects  these  pro- 
hibitions in  practice. 

The  Government  attempts  to  provide  internationally  accepted  minimum  prison 
conditions  within  its  limited  financial  means  and  in  accordance  with  local  living 
standards.  Prison  conditions,  however,  are  basic,  and  food  and  sanitation  are  lim- 
ited. There  are  no  local  human  rights  groups,  and  the  question  of  visits  to  prisons 
by  human  rights  monitors  has  not  been  raised.  Visits  by  church  groups  and  family 
members  are  permitted. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^The  constitutional  prohibition  against  ar- 
bitrary arrest  and  detention  is  honored.  The  police  may  hold  a  person  for  no  more 
than  24  hours  without  a  hearing  before  a  magistrate.  The  Government  does  not 
practice  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  independent,  and  constitutional 
provisions  for  both  a  fair  hearing  and  a  public  trial  are  respected.  Defendants  may 
have  legal  counsel,  and  a  representative  will  be  appointed  when  required  "in  the  in- 
terest of  justice."  However,  many  cases  never  reach  the  formal  legal  process,  as  tra- 
ditional reconciliation  is  used — usually  by  choice  but  sometimes  under  communal 
(not  government)  pressure.  Contract  workers  from  Kiribati,  Tuvalu,  and  Vanuatu 
are  employed  predominantly  in  the  mining  sector  and  do  not  have  recourse  to  effec- 
tive communal  assistance;  they  are  particularly  at  a  disadvantage  in  complaints 
against  citizens.  There  are  only  two  trained  lawyers,  and  many  people  are  rep- 
resented in  court  by  "pleaders,"  trained  paralegals  certified  by  the  Government. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  generally  prohibits  these  abuses.  Searches  not  sanctioned  by  court 
order  are  prohibited,  and  there  is  no  surveillance  of  individuals  or  of  private  com- 
munications. Citizenship  and  inheritance  rights  are  traced  through  the  female  line. 
Until  very  recently,  laws  restricted  intermarriage  with  non-Nauruans.  Although  the 
laws  have  changed,  intermarriage  between  women  and  foreign  males  stiU  draws 
substantial  social  censure.  The  foreign  spouses — male  or  female — of  citizens  have  no 
automatic  ri^t  of  abode.  They  are,  however,  normally  granted  short-term  "visits" 
sponsored  by  the  citizen  spouse,  or  they  may  apply  for  longer  term  work  permits. 
Foreign  spouses  are  not  eligible  for  citizenship. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  expres- 
sion. News  and  opinion  circulate  freely,  rapidly,  and  widely  by  the  press  and  word 
of  mouth.  The  country  has  one  regular  publication,  the  privately  owned  newspaper 
the  Central  Star  News,  which  publishes  monthly  and  which  operates  and  editorial- 
izes freely.  The  sole  radio  station,  owned  and  operated  by  the  Government,  broad- 
casts Radio  Australia  and  British  Broadcasting  Corporation  news  reports  but  not 
local  news.  Pay  television  broadcasting  from  New  Zealand  is  received  by  satellite. 
Foreign  publications  are  widely  available. 

There  are  no  prohibitions  or  restrictions  on  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Government  respects  the 
constitutional  right  of  peaceful  assembly  and  association.  There  are  no  limitations 
on  private  associations,  and  no  permits  are  required  for  public  meetings. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights  for  citizens,  and  the  Government  re- 
spects them  in  practice. 

Foreign  workers  must  apply  to  their  employers  for  jjermission  to  leave  during  the 
period  of  their  contracts.  They  may  break  the  contract  and  leave  without  permission 
but  would  lose  their  positions  and  often  a  sizable  bond  as  a  result.  In  most  cases, 
foreign  employees  whose  contracts  are  terminated  by  their  employers  must  leave 
Nauru  within  60  days. 


862 

The  Government  cooperates  with  the  ofdce  of  the  United  Nations  High  Commis- 
sioner for  Refugees  and  other  humanitarian  oi^ganizations  in  assisting  refugees.  No 
person  in  recent  memory  has  appHed  for  refugee  status,  and  the  Government  has 
not  formulated  a  formal  policy  regarding  refugees,  asylees,  or  first  asylum. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have,  and  exercise,  the  right  to  change  their  government.  Although 
Nauru  has  no  organized  political  parties,  persons  with  diverse  points  of  view  run 
for  and  are  elected  to  Parliament  and  to  the  NIC. 

Parliament  elects  the  President.  From  late  1996  until  February,  there  were  five 
changes  of  government,  all  peaceful  and  in  accordance  with  the  Constitution.  Since 
February  more  characteristic  political  stability  has  prevailed.  Voting  by  secret  ballot 
is  compulsory  for  all  citizens  over  the  age  of  20  for  parliamentary  elections.  There 
have  been  multiple  candidates  for  all  parliamentary  seats  during  recent  elections. 
The  approximately  3,000  guest  workers  have  no  voice  in  political  decisions. 

There  are  no  legal  impediments  to  participation  in  politics  by  women.  At  present, 
there  are  no  female  Members  of  Parliament. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  no  restrictions  on  establishing  local  groups  that  concern  themselves 
specifically  with  human  rights,  but  to  date  none  has  been  formed.  There  have  been 
no  allegations  by  outside  organizations  of  human  rights  violations  in  Nauru  nor  any 
requests  for  investigations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  the  basis  of  race,  sex,  religion,  dis- 
ability, language,  or  social  status.  The  Government  generally  observes  this  in  prac- 
tice; however,  women  do  not  receive  the  same  degree  of  freedom  and  protection  as 
men. 

Women. — The  Government  does  not  keep  track  of  incidents  of  physical  abuse 
against  women.  However,  credible  reports  indicate  that  sporadic  abuse,  often  aggra- 
vated by  alcohol  use,  occurs.  The  Government  has  not  addressed  the  problem  of  vio- 
lence against  women.  Families  normally  seek  to  reconcile  such  problems  informally, 
and,  if  necessary,  communally.  Major  incidents  and  unresolved  family  disputes  are 
treated  seriously  by  the  judiciary  and  the  Government. 

Constitutional  provisions  assure  women  the  same  freedoms  and  protections  as 
men.  The  Government  officially  provides  equal  opportunities  in  education  and  em- 
ployment, and  women  are  free  to  own  property  and  pursue  private  interests.  How- 
ever, in  practice,  traditional  societal  pressures  deny  women  opportunities  to  fully  ex- 
ercise these  rights.  The  island's  population  has  been  nearly  eliminated  on  more  than 
one  occasion,  first  by  disease  and  drought,  and  later,  during  World  War  II,  by  mas- 
sive, forced  removals  from  the  island  by  the  Japanese.  The  Government  strongly 
supports  efforts  that  encourage  large  families,  and  there  have  been  reports  of  com- 
plaints by  women  that  this  emphasis  on  their  reproductive  role  reduces  their  oppor- 
tunities for  other  roles  in  society.  Married  women,  in  particular,  are  sometimes  dis- 
advantaged, as  it  is  assumed  that  they  will  not  want  to  study  or  work  but  instead 
will  want  to  remain  at  home.  For  example,  young  women  studying  abroad  on  schol- 
arship and  contemplating  marriage  face  possible  termination  of  their  educational 
grants  as  it  is  assumed  that  they  will  leave  the  work  force  and  thus  not  require 
additional  academic  training. 

Children. — ^The  Government  devotes  considerable  attention  to  the  welfare  of  chil- 
dren, with  particular  stress  on  their  health  and  educational  needs.  Child  abuse  sta- 
tistics do  not  exist,  but  alcohol  abuse  sometimes  leads  to  child  neglect  or  abuse.  The 
NIC  treats  child  abuse  as  a  serious  communal  matter.  There  were  no  reported  cases 
of  child  abuse  during  the  year. 

People  With  Disabilities. — There  is  no  reported  discrimination  in  employment, 
education,  and  the  provision  of  state  services  to  persons  with  disabilities.  There  is, 
however,  no  legislation  mandating  accessibility  to  public  buildings  and  services  for 
the  disabled. 

National  / Racial  / Ethnic  Minorities. — Non-Nauruan  Pacific  island  workers  experi- 
ence some  discrimination.  While  guest  workers  are  provided  free  housing,  the  shel- 
ters they  are  given  are  oflen  poorly  maintained  and  overcrowded.  Some  guest  work- 
ers have  alleged  that  the  police  rarely  act  on  complaints  they  make  against  citizens. 


863 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  of  citizens 
to  form  and  belong  to  trade  unions  or  other  associations.  However,  Nauru  has  vir- 
tually no  labor  laws,  and  there  are  no  trade  unions.  Past  efforts  to  form  unions  were 
oflicially  discouraged.  The  transient  nature  of  the  mostly  foreign  work  force  and  the 
relative  prosperity  of  the  citizenry  also  have  served  to  hamper  efforts  to  organize 
the  labor  force.  TTie  right  to  strike  is  neither  protected,  prohibited,  nor  limited  by 
law.  No  strikes  took^lace  in  1997.  Nauru  is  not  a  member  of  the  International 
Labor  Organization.  There  are  no  provisions  which  would  prohibit  or  limit  the  right 
of  unions  to  afliliate  with  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — While  there  are  no  legal  im- 
pediments, collective  bargaining  does  not  take  place,  and,  as  noted  above,  has  been 
unsuccessAil.  The  private  sector  employs  only  about  1  percent  of  salaried  workers. 
For  government  workers,  public  service  regulations  determine  salaries,  working 
hours,  vacation  periods,  and  other  employment  matters. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  forbids  forced  or 
compulsory  labor,  including  forcea  and  bonded  labor  by  children,  and  effectively  en- 
forces these  prohibitions. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Education 
is  compulsory  until  the  age  of  16;  the  law  sets  17  as  the  minimum  age  of  employ- 
ment. This  is  honored  by  the  only  two  large  employers,  the  Government  and  the 
NPC.  Some  children  under  the  age  of  17  years  work  in  the  few,  small,  family-owned 
businesses.  The  Government  prohibits  forced  and  bonded  labor  by  children  and  en- 
forces this  prohibition  effectively  (see  Section  6.c). 

e.  Acceptable  Conditions  of  Work. — Minimum  wages  vary  considerably  between  of- 
fice workers  and  manual  laborers,  but  they  suflice  to  provide  an  adequate,  if  mod- 
est, standard  of  living.  Thanks  to  yearly  dividends  paid  by  the  NPC,  most  families 
live  in  simple  but  adequate  housing,  and  almost  every  family  owns  at  least  one  car 
or  truck.  The  Government  sets  the  minimum  yearly  wage  administratively  for  both 
public  and  private  sectors.  Since  November  1992,  that  rate  has  been  $6,562 
($A9,056)  for  those  21  years  of  age  or  older.  The  rate  is  progressively  lower  for  those 
under  21  years  of  age.  Employers  determine  wages  for  foreign  contract  woricers 
based  on  market  conditions  and  the  consumer  price  index.  Usually  foreign  woricers 
and  their  families  receive  free  housing,  utilities,  medical  treatment,  and  often  a  food 
allowance.  By  regulation  the  workweek  for  office  workers  is  36  hours  and  for  man- 
ual laborers  40  hours  in  both  the  public  and  private  sectors.  Neither  law  nor  regula- 
tions stipulate  a  weekly  rest  period;  however,  most  workers  observe  Saturdays  and 
Sundays  as  holidays. 

The  Government  sets  health  and  safety  standards.  The  NPC  has  an  active  safety 
program  that  includes  an  emphasis  on  worker  education  and  the  use  of  safety  equip- 
ment such  as  helmets,  safety  shoes,  and  dust  respirators.  The  NPC  has  a  safety  ofii- 
cer  who  is  specifically  responsible  for  improving  safety  standards  and  compliance 
throughout  the  company. 


NEW  ZEALAND 

New  Zealand  is  a  parliamentary  democracy,  with  executive  authority  vested  in  a 
20-member  cabinet  led  bv  a  prime  minister.  Five  seats  in  the  120-member  Par- 
liament are  reserved  for  the  native  Maori  minority  population.  The  judiciary  is  inde- 
pendent. 

The  Cook  Islands  and  Niue  are  self-governing  states  in  free  association  with  New 
Zealand.  Tokelau  is  a  New  Zealand  territory.  Their  local  laws  are  compatible  with 
New  Zealand  and  British  common  law. 

The  police  and  defense  forces  are  responsible  to  and  firmly  controlled  by  civilian 
officials. 

New  Zealand  is  a  highly  efficient  producer  of  agricultural  products.  The  mainstay 
of  its  market-based  economy  is  the  export  of  wool,  meat,  and  dairy  products.  An  ex- 
panding manufacturing  sector  is  engaged  primarily  in  food  processing,  metal  fab- 
rication, and  the  production  of  wood  and  paper  products.  Tourism  is  also  a  signifi- 
cant sector  of  the  economy,  and  niche  industries  are  developing  in  such  high  tech- 
nology sectors  as  software  production.  Disparities  in  wealth  are  small  but  increas- 
ing. Most  citizens  enjoy  a  comfortable  standard  of  living. 

The  Government  respects  the  human  rights  of  its  citizens,  and  the  law  and  judici- 
ary provide  effective  means  of  dealing  with  instances  of  abuse.  The  Gk)vemment  has 


864 

taken   steps   to   address   the   problems   of  overcrowded   prisons,   violence   against 
women,  and  societal  discrimination  against  indigenous  people. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person.  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  torture  and  other  forms  of  mistreatment,  and  the  Government  re- 
spects these  prohibitions  in  practice. 

Prison  conditions  generally  meet  minimum  international  standards.  Many  prisons 
are  old  and  in  need  of  extensive  refurbishment.  The  burgeoning  inmate  population 
outpaced  capacity,  causing  overcrowding  again  in  1997.  Dunedin  police  cells  de- 
signed for  overnight  use  held  inmates  for  extended  periods  without  natural  light  or 
sufficient  opportunities  for  exercise.  The  Department  of  Corrections  acknowledged 
this  problem  as  an  unavoidable  "temporary  measure"  and  planned  to  introduce  80 
new  inmate  bed  units,  but  it  had  not  done  so  by  year's  end.  The  Department  began 
investigating  new  sites  for  additional  prison  construction  to  address  long-term  in- 
mate population  totals,  which  are  projected  to  reach  almost  6,700  by  the  year  2007. 
Prison  capacity  was  5,354  inmates  as  of  September,  while  the  inmate  population 
was  5,459. 

Due  to  a  higher  suicide  rate  among  Maori  inmates,  the  Department  of  Corrections 
began  to  institute  a  series  of  39  recommendations  from  the  1996  government  report 
entitled  "Reducing  Suicide  by  Maori  Inmates." 

The  Government  permits  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest,  deten- 
tion, or  exile,  and  the  Government  observes  these  prohibitions. 

e.  Denial  of  Fair  Public  Trial. — The  law  provides  for  an  independent  judiciary, 
and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides  citi- 
zens with  a  fair  and  efficient  judicial  process. 

There  is  a  three-tiered  impartial  judiciary  in  place,  with  the  right  of  appeal  to  the 
Privy  Council  in  London,  though  this  privilege  is  rarely  invoked. 

TTie  law  provides  for  the  right  to  a  fair  trial,  and  the  judiciary  implements  this 
provision. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 

f)rohibit8  such  practices,  government  authorities  respect  these  prohibitions,  and  vio- 
ations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  freedom  of  speech  and  of 
the  press,  and  the  Government  respects  these  rights  in  practice.  An  independent 
press,  an  effective  judiciary,  and  a  functioning  democratic  political  system  combine 
to  ensure  freedom  of  speech  and  of  the  press. 

Academic  freedom  is  not  limited. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  law  provides  for  freedom  of  religion,  and  the  Govern- 
ment generally  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice.  The  Government  cooperates  with  the  United  Nations  High  Commis- 
sioner for  Refugees  and  other  humanitarian  organizations  in  assisting  refugees. 
Under  its  own  refiigee  quota,  the  Government  accepts  up  to  750  UNHCR-approved 
refugees  per  year.  Due  to  a  dramatic  increase  in  "spontaneous"  first  asylum  applica- 
tions in  tne  last  2  years,  the  Government  began  reviewing  its  laws  and  procedures 
with  a  view  to  curtailing  the  growth  in  this  area.  There  were  no  reports  of  forced 
expulsion  of  persons  with  a  valid  claim  to  refugee  status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  law  provides  citizens  with  the  right  to  change  their  government  peacefully, 
and  citizens  exerase  this  right  in  practice  through  periodic,  free,  and  fair  elections 
held  on  the  basis  of  universal  suffrage.  A  new  electoral  system,  mixed-member  pro- 
portional representation,  was  used  in  the  October  12  general  election  with  27  politi- 
cal parties  participating. 


865 

Women  and  minorities  are  accorded  full  opportunity  to  participate  in  political  Ufe. 
In  the  120-member  Parliament,  35  seats  are  held  by  women;  15  by  Maori;  2  mem- 
bers are  of  Pacific  Island  origin;  and  1  is  of  Asian  heritage.  The  current  Executive 
Council  (cabinet)  has  20  ministers  including  3  Maori  and  1  woman  (the  Prime  Min- 
ister). There  are  also  four  ministers  outside  the  Cabinet,  two  of  whom  are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating allegations  and  publishing  their  findings  on  numan  rights  cases.  Govern- 
ment oificials  are  cooperative  and  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  discrimination  on  the  basis  of  all  the  above  listed  factors,  and 
the  Government  effectively  enforces  it. 

Women. — Violence  against  women  is  a  major  problem  that  cuts  across  all  socio- 
economic groups.  A  government-sponsored  academic  survey  released  in  August  indi- 
cated that  1  woman  in  16  was  likely  to  be  sexually  assaulted  each  year.  Tne  report 
found  that  Maori  and  Pacific  Islander  women  were  particularly  at  risk  and  that 
multiple,  violent  victimization  in  these  communities  was  common.  The  (jovemment 
determined  through  a  policy  review  of  counseling  services  that  gaps  in  service  deliv- 
ery were  more  likely  to  impact  on  Maori  women  and  girls  than  non-Maori. 

The  law  penalizes  spousal  rape.  The  (jovemment  convicted  individuals  on  this 
charge  in  1997.  However,  a  national  rape  crisis  group  claims  that  the  overwhelming 
majority  of  rape  cases  go  unreported  and  that,  of  the  cases  that  go  to  the  police, 
onlv  12  percent  end  in  convictions.  The  group  indicated  that  husbands,  partners, 
and  boyfriends  concunit  23  percent  of  all  sexual  assaults  reported  to  the  organization. 

The  Domestic  Violence  Act,  which  came  into  effect  in  1996,  broadened  the  defini- 
tion of  violence  to  include  psychological  abuse,  threats,  intimidation,  harassment, 
and  allowing  children  to  witness  psychological  abuse.  It  expanded  intervention 
measures,  such  as  the  use  of  protection  orders;  education  programs  for  men,  women, 
and  children;  stronger  police  powers  to  arrest  and  detain  offenders;  improved  access 
to  legal  services  for  women  eligible  for  legal  aid;  and  tougher  penalties  for  breach 
of  a  protection  order. 

The  Government's  strategy  to  prevent  family  violence  included  a  range  of  objec- 
tives such  as  providing  victim  support,  incorporating  successful  innovations  and 
proven  methods  from  family  violence  centers  into  the  national  family  violence  pro- 
-ams (that  is,  the  promotion  of  "best  practice"),  ensuring  safety  from  violence,  and 
implementing  Maon-designed  and  delivered  programs.  The  police  developed  an  in- 
ternal 5-year  strategic  plan  focusing  on  family  violence.  The  C^vemment  partially 
funded  women's  renames,  rape  crisis  centers,  sexual  abuse  counseling,  family  vio- 
lence networks,  and  violence  prevention  services. 

While  the  law  prohibits  discrimination  in  employment  and  in  rates  of  pay  for 
equal  or  similar  work,  government  documents  acknowledge  that  in  practice  a  gender 
earnings  gap  persists.  Many  statistics  show  that  women  earn  81  percent  of  men's 
average  ordinary  hourly  wage,  a  rate  that  has  been  fairly  static  over  the  last  dec- 
ade. Ine  Ministry  of  Women's  Affairs  initiated  a  research  program  to  review  policy 
options  and  good  practice  models  for  addressing  this  gender  pay  gap.  There  are  ef- 
fective legal  remedies  available  for  women  who  experience  discrimination. 

Children. — ^The  law  provides  specific  safeguards  for  children's  rights  and  protec- 
tion. The  Government  demonstrates  its  commitment  to  children's  rights  and  welfare 
through  its  well-funded  systems  of  public  education  and  medical  care. 

While  female  genital  mutilation  (FGM)  is  not  known  to  be  practiced  in  New  Zea- 
land, the  Government  recognizes  that  the  procedure  is  widely  condemned  by  inter- 
national health  experts  as  damaging  to  both  physical  and  psychological  health.  It 
is  expressly  illegal  to  perform  FGM  or  to  make  arrangements  for  a  child  to  be  re- 
moved from  New  Zealand  in  order  to  have  the  procedure.  A  May  report  of  the  Auck- 
land Healthcare  FGM  Pilot  Education  Program  emphasized  the  rise  in  the  number 
of  African  refugees  settling  in  New  Zealand  (more  than  800  Somalis  received  resi- 
dency in  1997)  and  the  necessity  for  health  care  professionals  to  face  the  special 
needs  of  genitally  mutilated  women  and  the  growing  risk  of  the  practice  in  the  coun- 
try. The  report  recommended  the  establishment  of  guidelines  for  the  obstetric  care 
01  genitally  mutilated  women;  the  development  of  national  child  protection  guide- 
lines and  strategies;  the  development  of  FGM  education  modules  lor  New  Zealand 
medical,  midwifery,  and  nursing  schools;  and  the  appointment  of  a  national  coordi- 
nator to  train  regional  coordinators  and  assist  witn  the  establishment  of  regional 
educational  programs.  However,  these  programs  confront  strongly  held  beliefs;  the 


866 

report  found  that  77  percent  of  the  genitally  mutilated  women  Hving  in  the  Auck- 
land area  supported  FGM. 

While  no  societal  pattern  of  abuse  of  children  exists,  the  Government  recognizes 
the  problem  of  violence  within  the  family.  Both  government-sponsored  and  chari- 
table organizations  woric  to  prevent  child  abuse  in  the  home. 

People  With  Disabilities. — The  law  prohibits  discrimination  against  people  with 
disabilities  in  employment,  education,  and  the  provision  of  other  state  services. 
Compliance  with  access  laws,  mandated  by  the  Disabled  Persons  Community  Wel- 
fare Act,  varies  as  business  owners  and  others  strive  to  make  necessaiy  adaptations. 

Indigenous  People. — Approximately  13  percent  of  the  population  claim  at  feast  one 
ancestor  from  the  country's  indigenous  Maori  or  Morion  minorities.  The  law  pro- 
hibits discrimination  against  the  mdigenous  population,  yet  a  disproportionate  num- 
ber of  Maori  continue  to  be  included  in  the  unemployment  ana  welfare  rolls,  the 
prison  population,  school  dropouts,  infant  mortality  statistics,  and  single-parent 
nouseholds.  Government  policy  recognizes  a  special  role  for  indigenous  people  and 
their  traditional  values  and  customs,  including  cultural  and  environmental  issues 
that  have  an  effect  on  commercial  development.  The  Ministry  of  Maori  Develop- 
ment, in  cooperation  with  several  Maori  nongovernmental  organizations,  seeks  to 
improve  the  status  of  indigenous  people.  A  special  tribunal  continues  to  hear  Maori 
tribal  claims  to  land  and  other  natural  resources  stemming  from  the  Treaty  of 
Waitangi. 

National / Racial / Ethnic  Minorities. — Pacific  Islanders,  who  make  up  5  percent  of 
the  population,  are  not  an  indigenous  people,  but  they  experience  difficulties  similar 
to  Maori. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^Workers  have  unrestricted  rights  to  establish  and 
join  organizations  of  their  own  choosing  and  to  affiliate  these  organizations  with 
other  unions  and  international  organizations.  The  principal  labor  organization,  the 
New  Zealand  Council  of  Trade  Unions,  is  affiliated  with  the  International  Confed- 
eration of  Free  Trade  Unions.  A  second,  smaller  national  labor  federation,  the  New 
Zealand  Trade  Union  Federation,  v/aa  established  in  1993.  There  are  also  a  number 
of  independent  labor  unions. 

Labor  organization  is  rudimentary  in  the  territory  of  Tokelau  (population  1,800) 
and  in  the  Freely  Associated  State  of  Nine  (population  2,000).  In  the  more  developed 
Associated  State  of  the  Cook  Islands  (population  18,000),  most  workers  in  the  public 
sector,  the  major  employer,  belong  to  independent  local  unions  inspired  by  New  Zea- 
land models.  Industrial  relations  in  the  Cooks  are  governed  by  a  simplified  version 
of  older  national  legislation. 

The  law  protects  unions  from  governmental  interference,  suspension,  and  dissolu- 
tion. Unions,  in  fact,  influence  legislation  and  government  policy.  Some  unions  are 
affiliated  with  the  Labour  Party;  others  operate  independently  of  political  parties; 
all  are  free  to  support  parties  whose  policies  they  favor.  They  freely  exercise  the 
ridit  to  strike. 

The  law  prohibits  strikes  designed  to  force  an  employer  to  become  party  to  a 
multicompany  contract.  Under  the  Police  Act  of  1958  and  amendments,  sworn  po- 
lice officers,"  i.e.,  all  uniformed  and  plainclothes  police  but  excluding  clerical  and 
support  staff,  are  barred  from  striking  or  taking  any  form  of  industrial  action.  Po- 
lice, however,  have  freedom  of  association  and  the  right  to  organize  and  to  bargain 
collectively.  Issues  which  cannot  be  settled  by  negotiation  between  the  Police  Asso- 
ciation and  management  are  subject  to  compulsory,  final-offer  arbitration. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  the  right 
of  woriters  to  organize  and  bargain  collectively,  and  this  is  observed  in  practice  in 
the  country  and  its  dependencies.  The  law  prohibits  uniformed  members  of  the 
armed  forces  from  organizing  unions  and  bargaining  collectively. 

Unions  now  represent  fewer  than  half  of  all  wage  earners.  Under  the  Employment 
Contracts  Act,  employment  relationships  are  based  on  contracts.  Individual  employ- 
ees and  employers  may  choose  to  conduct  negotiations  for  employment  contracts  on 
their  own  behalf,  or  tney  may  authorize  any  other  person  or  organization  to  do  so 
on  their  behalf.  Although  choosing  a  union  is  entirely  voluntary,  unions  have  re- 
mained the  most  common  agent  used  by  workers  to  negotiate  with  employers.  Em- 
Rloyers  must  recognize  a  representative  authorized  by  an  employee  or  employees, 
[either  employers  or  employees,  however,  are  required  to  negotiate  or  to  agree  to 
a  contract. 
The  Government  does  not  control  mediation  and  arbitration  procedures.  The  em- 

f>loyment  court  hears  cases  arising  from  disputes  over  the  interpretation  of  labor 
aws.  A  less  formal  body,  the  employment  tribunal,  is  available  to  handle  wage  dis- 
putes and  assist  in  maintaining  euective  labor  relations.  Firing  an  employee  for 


867 

union  activities  is  grounds  for  a  finding  of  unjustified  dismissal  and  may  result  in 
reinstatement  and  Iinancial  compensation. 

There  are  no  export  processing  zones  in  New  Zealand,  the  Cook  Islands,  Niue,  or 
Tokelau. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor,  including  forced  and  bonded  labor  by  children.  Inspection  and  legal 
penalties  ensure  respect  for  the  provisions. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  Gov- 
ernment prohibits  forced  and  bonded  child  labor  and  enforces  this  prohibition  effec- 
tively (see  Section  6.c.).  Department  of  Labour  inspectors  effectively  enforce  a  ban 
on  the  employment  of  children  under  the  age  of  15  years  in  manufacturing,  mining, 
and  forestry.  Children  under  the  age  of  16  may  not  work  between  the  hours  of  10 
p.m.  and  6  a.m.  In  addition  to  explicit  restrictions  on  the  employment  of  children, 
compulsory  education  ensures  that  children  under  the  minimum  age  for  leaving 
school  (now  16  years)  are  not  employed  during  school  hours.  By  law  children  en- 
rolled in  school  may  not  be  employed,  even  outside  school  hours,  if  such  employment 
would  interfere  with  their  education. 

e.  Acceptable  Conditions  of  Work. — The  law  provides  for  a  40-hour  workweek,  with 
a  minimum  3-week  annual  paid  vacation,  and  11  paid  public  holidays.  Under  the 
Employment  Contracts  Act,  however,  employers  ana  employees  may  agree  to  longer 
hours  than  the  40  hours  per  week  standard.  While  the  law  does  not  specifically  pro- 
vide for  a  24-hour  rest  period  weekly,  the  practice  is  accepted  by  management  and 
labor,  and  it  is  the  norm.  The  government-mandated  hourly  minimum  wage  of  ap- 
proximately $4.13  ($NZ  7.00)  applies  to  workers  20  years  of  age  and  older.  Com- 
bined with  other  regularly  provided  entitlements  and  welfare  benefits  for  low-in- 
come earners,  this  wage  is  adequate  to  provide  a  decent  standard  of  living  for  a 
worker  and  family.  In  1994  a  minimum  wage  for  younger  workers  was  introduced 
at  60  percent  of  the  adult  minimum.  A  majority  of  the  work  force  earns  more  than 
the  minimum  wage. 

An  extensive  body  of  law  and  regulations  govern  health  and  safety  issues,  notably 
the  Health  and  Safety  in  Employment  Act  of  1992.  Under  this  legislation,  employers 
are  obliged  to  provide  a  safe  and  healthy  work  environment,  and  employees  are  re- 
sponsible for  their  own  safeW  and  health  as  well  as  ensuring  that  their  actions  do 
not  harm  others.  The  New  Zealand  Council  of  Trade  Unions  has  criticized  the  act, 
however,  for  not  providing  sufficient  employee  involvement  in  workplace  decisions 
affecting  health  and  safety.  Under  the  Employment  Contracts  Act,  workers  have  the 
legal  right  to  strike  over  health  and  safety  issues.  Unions  and  members  of  the  gen- 
eral public  may  file  safety  complaints  on  behalf  of  workers.  Department  of  Labour 
inspectors  enforce  safety  and  health  rules,  and  they  have  the  power  to  shut  down 
equipment  if  necessary.  The  Department  of  Labour  standard  is  to  investigate  re- 
ports of  unsafe  or  unhealthy  working  conditions  within  24  hours  of  notification. 
Workers  have  the  right  to  withdraw  from  a  dangerous  work  situation  without  jeop- 
ardy to  continued  employment. 


PALAU 


Formerly  a  United  Nations  trusteeship  administered  by  the  United  States,  Palau 
became  an  independent  nation  in  free  association  with  the  United  States  on  (Dctober 
1,  1994.  Under  the  Compact  of  Free  Association,  the  United  States  is  responsible 
for  the  Republic  of  Palau  s  defense.  An  archipelago  of  more  than  300  islands  in  the 
Western  Pacific,  Palau  has  a  total  land  area  of  188  square  miles  and  is  organized 

f>olitically  into  16  states.  More  than  two-thirds  of  its  approximately  18,000  popu- 
ation  resides  in  or  near  the  temporary  capital,  Koror. 

The  democratically  elected  Government  is  modeled  after  that  of  the  United  States. 
The  Constitution,  which  took  efliect  on  January  1,  1981,  provides  for  free  and  fair 
elections,  executive  and  legislative  branches,  and  an  independent  judiciary.  The  leg- 
islature, the  Olbil  Era  Kelulau,  is  composed  of  two  equal  houses,  the  14-member 
Senate  and  the  16-member  House  of  Delegates.  The  judiciary  is  independent  in 
practice. 

Palau  has  no  security  forces  of  its  own,  aside  from  local  police  and  other  civilian 
law  enforcement  personnel,  all  of  whom  are  under  the  firm  control  of  civil  authori- 
ties. 

With  a  household  median  income  of  over  $12,000,  Palau  is  a  medium  income 
country  with  a  small,  market-based  economy  largely  sustained  by  transfer  payments 
from  the  United  States.  Nearly  half  the  worit  force  is  employed  by  government  enti- 
ties. Tourism  and  other  service  sectors  account  for  most  other  paid  employment. 


868 

Tuna,  hiirvested  by  foreign  operated  fleets,  is  the  dominant  export.  Several  small- 
scale  operations,  employing  foreign  workers,  assemble  clothing  for  export  from  im- 
ported materials.  Most  of  the  population  still  work  in  traditional  subsistence  agri- 
culture and  fishing. 

Traditional  customs  sustain  a  value  system  that  distinguishes  between  people  on 
the  basis  of  social  status  and  sex.  The  loosening  ties  of  the  extended  family  and  the 
increasing  abuse  of  alcohol  and  other  drugs  are  major  contributing  factors  that  lead 
instances  of  domestic  violence  and  child  neglect.  Societal  discrimination  against  cer- 
tain foreign  workers,  who  account  for  nearly  25  percent  of  the  population  and  43 
percent  of  the  paid  work  force,  is  also  a  serious  problem. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel.  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices,  and  there  were  no  reports  that  oflicieds 
employed  them. 

Prison  conditions  meet  minimum  international  standards,  and  the  Government 
permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention,  or  exile,  and  the  Government  observes  this  pronibition. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice.  The  judiciary  com- 

5 rises  the  Supreme  Court,  the  National  Court,  and  the  Court  of  Common  Pleas, 
udges  are  appointed  to  the  Supreme  Court  and  National  Court  by  the  President 
from  a  list  recommended  by  the  Judicial  Nominating  Commission.  Appointments  are 
for  life. 

The  Government  includes  an  independent  special  prosecutor  and  an  independent 
public  defender  system.  The  Constitution  provides  for  the  right  to  a  fair  trial,  and 
an  independent  judiciary  vigorously  enforces  this  ri^t. 
There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices,  government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  respects  these  rights  in  practice.  An  inde- 
pendent press,  an  effective  judiciary,  and  a  functioning  democratic  political  system 
combine  to  ensure  freedom  of  speech  and  of  the  press,  including  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — ^The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice. 

The  Government  has  not  formulated  a  policy  regarding  refugees,  asylees,  or  first 
asylum  and  government  practice  remains  undefined.  However,  there  were  no  reports 
of  forced  expulsion  of  anyone  having  a  valid  claim  to  refugee  status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage. 

There  are  no  legal  impediments  to  women  participating  in  government  and  poli- 
tics. As  a  result  of  the  October  1996  general  elections,  a  woman  gained  a  Senate 
seat  for  the  first  time.  Women  hold  omce  in  10  of  the  16  state  legislatures  where 
they  constitute  7  percent  of  the  membership. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Palau  has  a  history  of  openness  to  a  variety  of  human  rights  groups  without  gov- 
ernment restriction.  Government  officials  have  met  with  representatives  of  these 
groups  and  foreign  officials  regarding  civil  rights  of  foreign  minority  workers.  Gov- 


869 

eminent  oflicials  are  generally  cooperative  and  responsive  to  their  views.  The  Palau 
Red  Cross  Society  opened  its  oflice  in  April  1996;  having  satisfled  all  requirements, 
the  society  has  applications  pending  for  full  membership  in  the  International  Fed- 
eration of  Red  Cross  and  Red  Crescent  Societies. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  the  basis  of  sex,  race,  place  of  origin, 
language,  religion  or  belief,  social  status  or  clan  afliliation,  and  the  Grovemment 
generally  respects  these  provisions. 

Women. — There  are  occasional  allegations  of  violence  against  women,  mainly  re- 
lated to  domestic  abuse.  Alcohol  and  other  drug  abuse  increasingly  contribute  to  this 
Sroblem.  According  to  the  Attorney  General's  Office,  the  Government's  PubUc 
[ealth  Oflice,  and  women's  groups,  only  a  few  such  cases  are  reported  to  the  au- 
thorities every  year,  but  many  more  are  believed  to  go  unreported.  Althou^  assault 
is  a  criminal  offense,  women  are  reluctant  to  prosecute  their  spouses. 

Inheritance  of  property  and  of  traditional  rank  is  matrilineal,  with  women  occupy- 
ing positions  of  importance  within  the  traditional  system.  Women  are  serving  under 
presidential  appointment  as  bureau  directors  for  women's  interests,  human  re- 
sources, and  clinical  services.  No  instances  of  unequal  pay  for  equal  work  or  sex- 
related  job  discrimination  were  reported  to  the  Office  of  the  Attorney  General. 

Children. — The  Government  demonstrates  its  strong  commitment  to  children's 
rights  and  welfare  through  its  well-funded  systems  of  public  education  and  medical 
care.  There  is  no  societal  pattern  of  abuse  directed  against  children.  Child  prostitu- 
tion and  female  genital  mutilation  are  neither  accepted  within  the  culture  nor  prac- 
ticed. There  is  no  difference  in  the  treatment  of  girls  and  boys  in  educational  oppor- 
tunities offered  in  Palau,  nor  in  availability  of  scholarships  to  attend  postsecondary 
education  abroad.  Girls  and  boys  receive  equal  treatment  in  health  care  services. 

Child  abuse  is  thought  to  be  uncommon,  and  there  have  been  few  child  abuse 
prosecutions.  While  children's  rights  are  generally  respected,  there  were  reports  of 
several  instfmces  of  child  neglect,  a  byproduct  of  the  breakdown  of  the  extended 
family. 

People  With  Disabilities. — ^The  National  Code  includes  a  Disabled  Persons  Anti- 
discrimination Act  and  a  Handicapped  Children  Act.  There  were  no  reported  in- 
stances of  discrimination  against  the  disabled.  There  are  no  building  codes  or  legis- 
lation requiring  access  for  the  disabled.  The  public  schools  have  established  special 
education  programs  to  address  problems  encountered  by  those  with  disabilities. 

National / Racial  / Ethnic  Minorities. — Non-Palauans  are  prohibited  from  purchas- 
ing Itind  or  obtaining  citizenship.  The  rapid  increase  in  the  number  of  foreign  work- 
ers, who  now  constitute  nearly  25  percent  of  the  population  and  43  percent  of  the 
work  force,  is  viewed  negatively  by  a  majority  of  citizens.  Foreign  residents  can  be 
subject  to  some  forms  of  discrimination  and  are  targets  of  petty,  and  sometimes  vio- 
lent, crimes,  as  weU  as  other  random  acts  against  person  and  property.  There  have 
been  credible  complaints  by  foreign  residents  that  crimes  against  non-Palauans  are 
not  pursued  or  persecuted  by  authorities  with  the  same  vigor  as  crimes  against 
Palauan  nationals.  Certain  nationalities  experience  generalized  discrimination  in 
employment,  pay,  housing,  education,  and  access  to  social  services,  although  such 
discrimination  is  prohibited  by  law.  While  precise  data  are  lacking,  there  continues 
to  be  anecdotal  reports  about  instances  of  abuse  of  workers'  civil  rights  perpetrated 
against  domestic  helpers,  bar  girls,  construction  laborers,  and  other  lower  skilled 
workers,  the  majority  of  whom  are  from  the  Philippines,  China,  and  Bangladesh. 
The  most  common  abuses  identified  are  misrepresentation  of  contract  terms  and 
conditions  of  employment,  withholding  of  pay  or  benefits,  and  sometimes  physical 
abuse.  In  a  number  of  instances,  local  autnorities  who  often  lack  training  and  re- 
sources, have  taken  corrective  action  when  alerted  by  social  service  and  religious  or- 
ganizations to  whom  foreign  workers  have  turned  for  assistance.  Nonetheless,  for- 
eign workers  are  often  reluctant  to  seek  legal  redress  for  fear  of  losing  their  employ- 
ment and,  thus,  permission  to  remtiin  in  the  country. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  ri^t  of  all  persons 
to  assemble  peacefully  or  to  associate  with  others  for  any  lawful  purpose,  including 
the  right  to  organize  and  to  bargain  collectively.  There  are  no  active  employee  orga- 
nizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  does  not 
provide  for  the  right  to  strike,  and  the  Government  has  not  addressed  this  issue. 
There  is  no  legislation  concerning  collective  bargEiining  or  trade  union  organizations. 


870 

although  there  are  no  legal  impediments  to  either.  Wages  in  the  cash  economy  are 
determined  by  market  factors. 
There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  prohibits  slavery 
or  involuntary  servitude  except  to  punish  crime.  The  law  does  not  specifically  pro- 
hibit forced  and  bonded  labor  oy  children,  but  such  practices  are  not  known  to  occur. 
There  were  reported  instances  of  foreign  workers,  especially  domestic  helpers  and 
unskilled  laborers,  being  forced  to  do  jobs  different  from  those  for  which  they  were 
recruited.  Freedom  of  foreign  workers  to  leave  employment  situations  not  to  their 
liking  may  be  hindered  by  physical  barriers  and/or  the  withholding  of  passports  and 
return  tickets  to  their  country  of  recruitment. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  Con- 
stitution states  that  the  Government  shall  protect  children  from  exploitation,  and 
children  are  protected  by  the  general  constitutional  prohibition  against  forced  and 
bonded  labor  (see  Section  6.C.).  There  is  no  minimum  age  for  employment.  Children 
are  not  typically  employed  in  the  wage  economy,  but  some  assist  their  families  with 
fishing,  agriculture,  and  other  small-scale  family  enterprises.  The  law  requires  com- 
pulsory education  for  children  between  6  to  14  years  of  age,  and  the  Government 
generally  enforces  this  law.  By  regulation  no  foreigner  under  the  age  of  21  may  be 
admitted  into  Palau  for  employment  purposes. 

e.  Acceptable  Conditions  of  Work. — There  is  no  minimum  wage  law.  However,  the 
Foreign  Investment  Law  states  that  foreign  companies  must  pay  a  minimum  wage 
equivalent  to  the  lowest  wage  paid  a  government  worker — $2.74  per  hour.  This 
amount  appears  to  be  sufficient,  given  the  level  of  economic  development,  to  provide 
a  worker  and  his  family  with  a  decent  standard  of  living.  Anecdotal  evidence  indi- 
catea  that  unskilled  workers  for  commercial  firms  are  paid  only  $1.50  to  $2.00  per 
hour.  However,  foreign  workers  are  usually  provided,  in  addition  to  their  wages, 
basic  accommodations  and  food  at  no  or  nominal  cost.  Although  these  wages  are  low, 
Palau  continues  to  attract  large  numbers  of  foreign  workers  from  the  Philippines, 
China,  and  Bangladesh. 

There  is  no  legislation  concerning  maximum  hours  of  work,  although  most  busi- 
nesses are  closed  on  either  Saturday  or  Sunday.  The  Division  of  Labor  has  prepared 
some  regulations  regarding  conditions  of  employment  for  nonresident  workers.  The 
Division  may  inspect  the  conditions  of  the  workplace  and  employer-provided  housing 
on  specific  complaint  of  the  employees,  but  actual  enforcement  is  sporadic;  working 
conditions  vary  in  practice.  There  is  no  legislation  specifically  giving  woricers  the 
right  to  remove  themselves  from  situations  which  endanger  their  health  or  safety 
without  jeopardy  to  their  continued  employment,  and  there  is  no  legislation  protect- 
ing workers  who  file  complaints  about  such  conditions. 


PAPUA  NEW  GUINEA 

Papua  New  Guinea  (PNG)  comprises  some  1,000  tribes  and  over  800  distinct  lan- 
guages in  a  population  of  about  4  million.  It  has  a  federal  parliamentary  system, 
based  on  universal  adult  suffrage  with  periodic  free  and  fair  elections,  and  has  an 
independent  judiciary. 

Serious  disorder  erupted  in  March.  PNGDF  Commander  Brigadier  General  Jerry 
Singirok  called  on  then  Prime  Minister  Julius  Chan  and  Vice  Prime  Minister  Chris 
Haiveta  to  resign,  following  disclosure  of  a  plan  to  hire  foreign  mercenaries  from 
the  company  Sandline  International  in  the  Bougainville  conflict.  Looting  and  dem- 
onstrations took  place,  and  both  PNGDF  troops  and  civilian  protesters  surrounded 
Parliament.  Prime  Minister  Chan  stepped  down  temporarily  but  resumed  his  posi- 
tion after  being  cleared  of  wrongdoing  oy  a  commission  of  inquiry.  He  lost  his  par- 
liamentary seat  in  July  national  elections,  and  a  new  government  headed  by  Pnme 
Minister  Bill  Skate  took  office. 

The  Government  has  constitutional  authority  over  the  Defense  Force  (PNGDF), 
the  Royal  Papua  New  Guinea  Constabulary  (RPNGC),  and  intelligence  organiza- 
tions. Government  security  forces  committed  serious  human  rights  abuses. 

Exploitation  of  such  natural  resources  as  minerals,  hydrocarbons,  and  tropical 
timber,  and  production  of  tree  crops  such  as  coffee,  cocoa,  and  copra,  generate  sig- 
nificant export  and  teix  revenues.  However,  85  percent  of  the  population  resides  in 
isolated  villages,  and  engages  in  subsistence  ana  smallholder  agriculture.  For  a  ma- 
jority of  citizens,  income  and  literacy  are  at  a  low  level,  and  infant  and  maternal 
mortality  rates  are  high. 

The  Government's  human  rights  record  remained  the  same.  Killings  and 
kidnapings  by  both  sides  in  the  9-year  secessionist  insurgency  on  Bougainville  con- 


871 

tinued,  until  a  cease-fire  was  successfully  negotiated  in  October.  Besides  the  conflict 
with  the  Bougainville  Revolutionary  Army  (BRA),  there  continued  to  be  credible  re- 
ports that  members  of  the  security  forces  committed  extrajudicial  killings,  were  re- 
sponsible for  disappearances,  abused  prisoners  and  detainees,  and  employed  harsh 
enforcement  measures  against  civilians.  The  Government  on  occasion  investigated 
allegations  of  abuse  and  prosecuted  those  believed  responsible.  Prison  conditions  re- 
main poor,  there  are  lengthy  pretrial  detentions,  and  the  Government  infringes  on 
citizens'  privacy  rights  and  limits  freedom  of  assembly.  Extensive  discrimination 
and  violence  against  women,  discrimination  against  the  disabled,  and  violence  be- 
tween tribes  remain  serious  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — On  February  12,  members  of  the  se- 
curity forces  at  Kokopau,  Bougainville,  allegedly  executed  a  man  suspected  of  killing 
a  member  of  the  progovemment  resistance  and  a  telephone  technician.  PNGDF  sol- 
dier Taylor  Bojori  was  arrested  for  killing  a  progovemment  resistance  fighter  on 
Bougainville  on  August  15.  Members  of  the  constabulary  committed  a  number  of 
extrajudicial  killings  during  police  actions  throughout  the  country,  and  the  authori- 
ties on  occasion  punished  constabulary  officers. 

Excessive  use  of  force  by  police  resulted  in  several  extrajudicial  killings.  While 
praying  in  the  hills  near  Port  Moresby  in  January,  John  Leo  was  shot  and  killed 
by  police  in  pursuit  of  fleeing  robbers.  Four  policemen  in  Lae  were  suspended  after 
allegedly  beating  to  death  a  man  suspected  of  sorcery  on  March  12.  A  youth  who 
had  allegedly  been  selling  wristwatches  in  front  of  a  supermarket  was  shot  and 
killed  while  fleeing  from  police  on  June  3.  Police  Sergeant  Samson  Ambus  was  sen- 
tenced to  7  years'  imprisonment  on  August  27  for  killing  businessman  Sande  Ratu 
during  a  search  for  illegal  beer.  An  off-duty  PNGDF  soldier,  Missian  Waingut,  was 
also  sentenced  to  7  years  for  manslaughter  after  killing  a  man  during  an  argument. 

There  was  no  progress  in  the  investigation  of  the  October  1996  killing  of  Theodore 
Miriung,  Premier  of  the  progovemment  Bougainville  Transitional  Government.  De- 
spite clear  indications  that  members  of  the  progovemment  resistance  and  the 
PNGDF  were  involved,  no  arrests  were  made. 

The  level  of  armed  conflict  on  Bougainville  decreased.  However,  there  were  contin- 
ued reports  of  civilian  casualties. 

A  BRA  commander  who  spoke  in  favor  of  disarmament  was  reportedly  killed  by 
his  own  men  in  June.  A  number  of  PNGDF  and  other  security  force  personnel  were 
killed  in  BRA  ambushes. 

b.  Disappearance. — Reports  of  disappearances  were  fewer  than  in  1996.  However, 
there  continued  to  be  allegations  that  both  sides  in  the  Bougainville  conflict  de- 
tained members  of  the  opposing  forces,  who  were  not  seen  again.  Due  to  limited  ac- 
cess to  Bougainville,  these  reports  are  difficult  to  verify. 

Bougainville  Member  of  Parliament  John  Momis  was  kidnaped  by  rebel  elements 
and  held  hostage  for  16  days  before  being  released  in  June. 

In  July  the  BRA  released  five  members  of  the  PNGDF  who  had  been  taken  pris- 
oner following  the  Kangu  Beach  massacre  of  September  1996. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  forbids  torture  and  other  cruel  or  degrading  treatment  or  punish- 
ment. However,  members  of  the  security  forces  abused  prisoners  and  detainees.  Po- 
lice reportedly  threaten  suspects  with  death  or  severe  iryury  if  they  do  not  confess. 

Constabulary  members  used  excessive  force  at  times,  particularly  in  attempts  to 
compel  a  community  to  surrender  a  criminal  suspect.  On  July  21,  police  allegedly 
burned  30  houses  and  several  shops  in  retaliation  for  the  slaying  of  a  police  ser- 
geant in  Madang.  In  August  the  Government  rebuked  and  reprimanded  a  police 
commander  who  threatened  to  bum  a  number  of  villages  (see  Section  l.f.). 

In  March  police  used  tear  gas  and  rubber  bullets  to  quell  a  riot  by  approximately 
2,000  people  over  the  proposed  hiring  of  foreign  mercenaries.  However,  only  one  se- 
rious injury  was  reported;  a  security  guard  chopped  off  a  looter's  hand. 

Prisons  are  overcrowded  and  understaffed,  and  are  unable  to  provide  adequate 
medical  care  or  food  to  inmates.  Conditions  are  life-threatening.  Many  prisoners  as 
well  as  guards  do  not  have  uniforms,  making  it  difficult  for  outsiders  to  distinguish 
between  the  two.  The  authorities  closed  at  least  three  prisons  as  the  result  of  dete- 
rioration and  neglect.  Inmates  were  either  moved  elsewhere  or  released.  Outbreaks 
of  typhoid  were  reported  at  some  prisons. 

Trie  Government  permits  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  courts  generally  enforce  constitu- 
tional protections  against  arbitrary  arrest  and  detention.  However,  these  protections 


45-909    98-29 


872 

were  weakened  by  the  1993  Internal  Security  Act  (ISA).  Amendments  to  existing 
legislation  provide  that  judicially  issued  warrants  are  no  longer  required  when  au- 
thorities suspect  that  a  person  has  committed  an  ISA  ofTense  or  certain  other  of- 
fenses. Under  1993  amendments  to  the  Bail  Act  and  the  Criminal  Code,  only  Na- 
tional or  Supreme  Court  judges  may  grant  bail  in  certain  criminal  cases  involving 
firearms.  In  all  other  cases,  bail  may  be  granted  unless  the  judge  rules  otherwise. 
Suspects  who  are  arrested  have  the  right  to  legal  counsel,  to  be  informed  of  the 
charges  against  them,  and  to  have  their  arrests  subjected  to  judicial  review. 

Due  to  limited  police  and  judicial  resources  and  a  high  crime  rate,  suspects  are 
often  held  in  pretrial  detention  for  a  long  time,  particularly  in  rural  areas.  Pretrial 
remand  is  subject  to  strict  judicial  review  througn  continuing  pretrial  consultations, 
especially  at  the  National  Court  level.  Nonetheless,  cases  are  irequently  delayed  for 
months  awaiting  results  of  police  investigations. 

Exile  is  prohibited  by  the  Constitution  and  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  iudi- 
ciary,  and  the  courts  are  independent  of  executive,  legislative,  and  military  authori- 
ties. 

The  Supreme  Court  is  the  final  court  of  appeal  and  holds  original  jurisdiction  on 
constitutional  matters.  The  National  Court  hears  most  cases  and  appeals  from  the 
lower  district  courts  established  at  the  provincial  level.  There  are  also  village  courts 
headed  by  lay  persons,  who  judge  minor  offenses  under  both  customary  and  statu- 
tory law. 

The  legal  system  is  based  on  English  common  law.  The  Constitution  provides  for 
due  process,  including  a  public  trial,  and  the  court  system  generally  enforce  these 
provisions.  Defendants  have  the  right  to  an  attorney.  Legal  counsel  is  provided  ei- 
ther by  the  Public  Solicitor's  office  or  by  the  Law  Society  upon  the  recommendation 
of  the  Public  Solicitor's  office  for  those  accused  of  serious  offenses  who  are  unable 
to  afford  counsel.  "Serious  offenses"  are  generally  defined  as  felony  charges  or  any 
case  heard  in  either  the  National  or  district  court  (as  opposed  to  the  village  or  mag- 
istrate courts).  Defendants  and  their  attorneys  may  confront  witnesses,  present  evi- 
dence, plead  cases,  and  appeal  convictions. 

There  were  no  reports  of  political  prisoners.  Several  nongovernmental  organiza- 
tion (NGO)  leaders  who  took  part  in  protests  against  the  Government  in  March 
claimed  that  charges  subsequently  brought  against  them  were  politically  motivated. 
The  charges  were  later  dropped  (see  Section  2.b.). 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — ^Al- 
though the  authorities  generally  respect  privacy  rights,  police  at  times  have  burned 
homes  to  quell  conflict  between  tribes  and  punish  communities  suspected  of  harbor- 
ing criminal  suspects  (see  Sections  I.e.  and  l.f.).  Some  communities  have  sought  re- 
dress through  civil  suits;  this  provides  compensation  to  victims  but  does  not  result 
in  criminal  prosecution  of  the  perpetrators. 

On  August  26,  the  East  Sepik  police  commander  threatened  to  bum  a  number  of 
villages  ii  the  suspect  in  an  attack  on  a  foreign  tourist  was  not  handed  over.  Prime 
Minister  BUI  Skate  directed  that  appropriate  action  be  taken  against  the  officer  who 
had  made  the  threat,  and  the  officer  was  subsequently  "rebuked  and  reprimanded." 

Although  provisions  in  the  Constitution  require  warrants,  the  police  continued  to 
conduct  warrantless  searches  and  raids. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  free  speech,  in- 
cluding freedom  oi  the  media,  and  the  (jovemment  generally  respects  this  freedom 
in  practice. 

The  media  provided  independent  coverage  and  analysis  of  major  issues,  including 
the  controversy  over  the  presence  of  the  Sandline  mercenaries  and  the  national  elec- 
tions held  in  July. 

The  combined  circulation  of  two  daily  English-language  newspapers  is  less  than 
60,000.  Two  weeklv  newspapers,  one  in  English  and  one  in  Pidgin  (the  national  lin- 
gua franca),  are  also  publisned.  All  freely  express  a  variety  of  editorial  viewpoints, 
and  report  on  controversial  issues  such  as  alleged  abuses  by  police  and  security 
forces,  cases  of  alleged  corruption  by  government  oflicials,  Bougainville  insurgent 
views,  etc.  One  of  the  dailies  is  owned  by  a  Malaysian  firm,  which  has  invested 
heavily  in  the  country's  timber  industry;  the  newspaper  publishes  little  on  the  con- 
troversial subjects  of  logging  and  forestry,  but  is  generally  independent  and  unbi- 
ased on  other  issues. 

The  television  broadcasting  company,  EM-TV,  is  independent.  Television  reception 
is  mostly  limited  to  the  Port  Moresby  area.  The  government-owned  National  Broad- 
casting Corporation  owns  two  radio  networks  whose  effectiveness  is  limited  by  inad- 
equate funding  and  deteriorating  equipment.  A  privately  owned  radio  network. 


873 

NAU-FM,  is  popular  in  Port  Moresby  and  is  expanding  into  other  areas  of  the  coun- 
try. 

Journalists  who  wish  to  travel  to  Bougainville  are  recjuired  to  obtain  permission 
from  the  Prime  Minister's  office  and  from  the  commander  of  the  PNGDK  Requests 
are  freqpiently  denied  on  the  grounds  that  the  Government  is  unable  to  guarantee 
the  reporter's  safety. 

The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly;  however,  the  Government  limits  this  right  in  practice.  Public 
demonstrations  require  police  approval  and  7  days'  notice.  The  authorities  fre- 
quently deny  permission  on  the  grounds  that  such  activities  could  encourage  by- 
standers to  engage  in  vandalism  and  violence. 

On  May  5,  police  raided  the  headquarters  of  human  rights  nongovernmental  orga- 
nizations PNG  Watch,  Individual  and  Community  Rights  Advocacy  Forum,  and 
Rainbow  Trust,  confiscating  books,  pamphlets,  computers  and  diskettes.  During  the 
raids,  PNG  Watch  executive  officer  Jonathan  O'ata  was  arrested  and  charged  with 
three  counts  of  illegal  assembly  related  to  the  Sandline  mercenary  protests  in 
March.  Sam  Inguba,  police  commander  of  the  National  Capital  District,  said  that 
the  raids  were  a  normal  part  of  preelection  operations,  and  that  the  police  were 
searching  for  illegal  firearms.  Student  activist  John  Napu  and  an  executive  of  the 
Melanesian  Solidarity  Front,  John  Kawowo,  were  arrested  on  May  6  and  also 
charged  with  unlawful  assembly.  After  learning  that  his  name  was  on  a  list  of  peo- 
ple to  be  arrested,  human  rights  attorney  Powes  Parkop  appeared  voluntarily  before 
the  police  and  was  similarly  charged  on  May  13.  The  men  were  released  on  bail. 
The  arrests  were  widely  publicized  and  criticized.  All  charges  against  the  four  were 
quietly  dropped  in  September,  although  this  fact  was  not  publicized  (see  Section  4). 

The  Constitution  provides  for  freedom  of  association  and  the  Government  gen- 
erally respects  this  right  in  practice.  Associations  that  wish  to  open  a  bank  account 
and  conduct  financial  transactions  are  required  to  register  for  this  purpose.  The 
process  of  registration  may  be  slowed  by  bureaucratic  inefficiency,  but  there  is  no 
policy  of  denjdng  registration.  International  affiliation  of  church  and  civic  groups  is 
freely  permitted. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Government  approval  is  required  to  travel  to  Bougainville.  The  PNGDF 
occasionally  imposed  sea  travel  restrictions  on  villagers  living  on  small  islands  off 
Bougainville  due  to  concerns  over  potential  BRA  attacks. 

Apart  from  Bougainville,  the  Government  does  not  restrict  freedom  of  movement 
within  and  outside  the  country.  The  BRA  reportedly  restricted  people  from  moving 
from  areas  under  its  control  to  government-controlled  areas. 

The  Government  provides  first  asylum  for  approximately  3,000  people  who  have 
fled  from  the  neighboring  Indonesian  province  of  Irian  Jaya.  The  Gk)vemment  co- 
operates with  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR)  in  as- 
sisting the  Irian  Jayans  who  live  in  the  East  Awin  refugee  camp  in  Western  Prov- 
ince, and  has  administered  the  camp  since  June  1996,  when  the  UNHCR  office 
closed.  The  Government  has  a  policy  of  limited  integration  for  Irian  Jayans  with 
certain  skills  or  other  qualifications,  who  are  accorded  limited  residency  status  and 
are  permitted  to  leave  the  refugee  settlement.  Those  who  violate  conditions  of  their 
refugee  status  can  be  repatriated.  There  were  no  known  forced  repatriations  of  Irian 
Jayans  to  Indonesia.  Several  thousand  traditional  border-crossers  live  in  the  border 
area  and  move  freely  between  the  two  countries. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  freely  exercise  their  right  to  change  their  government  through  direct  elec- 
tions with  a  secret  ballot  and  universal  adult  suffrage.  Voters  elect  a  unicameral 
parliament  with  109  members  from  all  19  provinces  and  the  National  Capital  Dis- 
trict. Any  citizen  can  stand  for  election.  Because  of  the  high  number  of  candidates 
for  Parliament,  some  members  have  won  election  with  less  than  10  percent  of  the 
total  votes  cast. 

Following  a  general  election  in  June  in  which  G&  percent  of  eligible  voters  partici- 
pated, Bill  Skate  became  Prime  Minister,  forming  a  coalition  with  members  of  the 
People's  Progress  and  Parigu  parties.  Fifty-five  of  the  109  seats  in  Parliament 
changed  hands. 

Although  there  are  no  legal  barriers  to  the  participation  of  women  in  political  life, 
they  are  underrepresented  in  senior  positions  in  government  and  politics.  Two 
women  were  elected  to  Parliament  in  the  June  elections. 


874 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  no  official  barriers  to  the  formation  of  human  rights  groups.  The  Gov- 
ernment cooperates  with  human  rights  NGO's,  but  sometimes  is  slow  in  responding 
to  their  requests  for  information.  The  International  and  Community  Rights  Advo- 
cacy Forum  (ICRAF),  formed  in  1993,  concentrated  on  human  rights  and  the  envi- 
ronment. ICRAF  and  PNG  Watch  Council  leaders  participated  in  demonstrations  in 
March  against  the  planned  use  of  foreign  mercenaries  in  the  Bougainville  conflict. 
Four  nongovernmental  organization  leaders  were  arrested  in  May  and  charged  with 
unlawful  assembly,  based  on  their  participation  in  these  demonstrations.  They  were 
released  on  bail  and  the  charges  were  quietly  dropped  in  September  (see  Section 
2.b.). 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial  Status 

The  Constitution  provides  for  equal  protection  under  the  law  irrespective  of  race, 
tribe,  place  of  origin,  political  opinion,  color,  creed,  religion  or  sex.  Despite  these 
constitutional  and  other  legal  provisions,  women  often  face  discrimination. 

Extreme  geographic  diversity  prevents  any  one  tribe  or  clan  from  dominating  the 
country.  The  democratically  elected  government,  based  on  loose  coalitions,  has  con- 
sistently avoided  favoring  any  group.  Virtually  all  citizens  share  Melanesian  eth- 
nicity, and  violence  between  groups  is  not  ethnically  based.  Skirmishes  and  conflicts 
tend  to  be  based  on  disputes  between  clans  over  issues  such  as  boundaries,  land 
ownership,  and  injuries  and  insults  suffered  by  one  clan  at  the  hands  of  another. 
In  the  past,  clan/tribal  warfare  was  ritualized  and  fought  with  traditional  weapons; 
the  availability  of  high-powered  firearms  has  made  sucn  conflicts  deadlier. 

Women. — Violence  against  women,  including  domestic  violence  and  gang  rape,  is 
a  serious  and  prevalent  problem.  Traditional  village  mores,  which  served  as  deter- 
rents are  weakening  ana  are  largely  absent  when  youths  move  from  their  village 
to  a  larger  town  or  to  the  capital.  The  number  of  gang  rapes  is  believed  to  have 
risen.  Although  rape  is  punisnable  by  imprisonment,  and  sentences  are  imposed 
when  assailants  are  found  guilty,  few  assailants  are  apprehended.  Domestic  violence 
such  as  wife  beating  is  also  common,  but  is  usually  viewed  by  police  and  citizens 
as  a  private  family  matter. 

Violence  committed  against  women  by  other  women  frequently  stems  from  domes- 
tic disputes.  In  areas  where  polygyny  is  still  customary,  an  increasing  number  of 
women  have  been  charged  with  the  murder  of  another  of  their  husband  s  wives.  Ac- 
cording to  one  report,  65  percent  of  women  in  prison  are  there  for  attacking  or  kill- 
ing another  woman. 

The  Constitution  and  laws  have  provisions  for  extensive  rights  for  women  dealing 
with  family,  marriage,  and  property  issues.  Some  women  have  achieved  senior  posi- 
tions in  business,  the  professions,  and  civil  service.  However,  traditional  patterns 
of  discrimination  against  women  persist.  Many  women,  even  in  urban  areas,  are 
considered  second-class  citizens.  Village  courts  tend  to  impose  jail  terms  on  women 
found  guilty  of  adultery,  while  penalizing  men  lightly  or  not  at  all.  Circuit-riding 
National  Court  justices  frequently  annulled  such  village  court  sentences.  In  1996 
the  Government  approved  amendments  to  the  Village  Courts  Act  requiring  that  or- 
ders for  imprisonment  be  endorsed  by  a  district  court  before  they  take  effect.  Po- 
lygyny and  the  custom  of  paying  a  bride-price  tend  to  reinforce  the  view  that  women 
are  property. 

In  addition  to  the  purchase  of  women  as  brides,  women  are  also  given  as  com- 
pensation to  settle  disputes  between  clans.  For  the  first  time,  in  May  1996,  an  18- 
year-old  woman,  Miriam  Wilungal,  refused  to  accept  her  clan's  decision  to  include 
her,  along  with  $15,000  and  25  pigs,  in  the  compensation  paid  to  another  clan  to 
resolve  a  Killing.  In  February  a  National  Court  judge  ruled  in  her  favor,  saying  that 
her  rights  to  personal  freedom  and  equal  status  had  been  violated. 

According  to  a  1996  United  Nations  International  Children's  Fund  (UNICEF)  re- 

f>ort,  the  country  has  a  high  maternal  mortality  rate.  Only  40  percent  of  women  are 
iterate,  trailing  men  by  nearly  10  percent.  According  to  another  1996  U.N.  report, 
33  percent  of  girls  do  not  attend  primary  school,  compared  with  21  percent  of  boys. 
Efforts  by  both  the  Government  and  NGO's  to  improve  the  status  and  conditions 
of  women  have  had  limited  results.  The  Government  provides  a  grant  to  the  private 
National  Council  of  Women.  There  is  an  office  of  women's  affairs  in  the  Ministry 
of  Home  Affairs,  Youth,  and  Women. 

Children. — The  Government  did  not  dedicate  significant  resources  to  protect  the 
rights  and  welfare  of  children.  Most  programs  to  protect  and  develop  youth  and  chil- 
dren are  operated  by  NGO's  and  religious  organizations.  Many  government  pro- 
grams are  underfunded.  Under  the  traditional  clan  system  prevalent  in  the  country. 


875 

children  are  generally  cared  for  within  the  extended  family,  in  accordance  with  fi- 
nancial resources  and  the  tribe's  access  to  services.  Because  of  the  geographic  isola- 
tion and  remoteness  of  many  villages,  malnutrition  and  infant  mortality  rates  are 
very  high.  More  than  60  of  every  tnousand  children  bom  do  not  survive  their  first 
year.  Although  Papua  New  Guinea  ratified  the  U.N.  Convention  on  the  Rights  of 
the  Child  (CRC)  in  1993,  the  Government  has  not  yet  completed  the  report  due  in 
1995  on  CRC  implementation,  nor  prepared  the  national  plan  of  action. 

People  With  Disabilities. — Through  the  National  Board  for  the  Disabled,  the  Gov- 
ernment provides  funding  to  a  number  of  NGO's  that  provide  services  to  the  dis- 
abled. The  Government  itself  does  not  provide  programs  or  services  directly.  Serv- 
ices and  health  care  for  the  disabled,  except  for  those  provided  by  the  traditional 
clan  and  family  system,  do  not  exist  in  several  of  the  country's  provinces.  There  is 
no  legislation  mandating  accessibility  for  the  disabled.  Disabled  persons  face  dis- 
crimination in  education,  training,  and  employment. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  right  to  form  and  join  labor  unions  is  provided 
by  law,  subject  to  registration  by  the  Department  of  Industrial  Relations.  The  Gov- 
ernment does  not  use  registration  as  a  form  of  control  over  unions.  However,  an  un- 
registered union  has  no  legal  standing  with  the  Department  of  Labor  or  before  the 
courts,  and  thus  cannot  operate  efiectively.  About  half  of  the  250,000  wage-earners 
in  the  formal  economy  are  organized  and  are  members  of  one  of  approximately  50 
trade  unions.  Most  of  the  unions  representing  private-sector  workers  are  associated 
with  the  Trade  Unions  Congress.  Unions  are  independent  of  the  Gk)vernment  and 
of  political  parties. 

Both  public  and  private  sector  unions  exercised  their  legal  right  to  strike  in  1997. 
Unions  may  freely  afliliate  with  international  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  provides  for 
the  right  to  engage  in  collective  bargaining  and  to  join  industrial  organizations. 
These  rights  are  exercised  freely.  Under  the  law,  the  Government  has  discretionary 
power  to  cancel  arbitration  awards  or  declare  wage  agreements  void  when  they  are 
contrary  to  government  policy.  This  law  was  criticized  by  the  International  Labor 
Organization  in  1994.  Antiunion  discrimination  by  employers  against  union  leaders, 
members,  and  organizers  is  prohibited  by  law.  The  Department  of  Industrial  Rela- 
tions and  the  courts  are  involved  in  dispute  settlement.  Wages  above  the  minimum 
wage  are  set  through  negotiations  between  employers  and  employees  or  their  re- 
spective industrial  organizations. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  forbids  slavery 
and  all  forms  of  forced  or  compulsory  labor,  including  that  performed  by  children 
and  there  were  no  reports  of  such  practices.  There  were  no  reports  of  forced  or  bond- 
ed labor  by  children. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Em- 
ployment Act  establishes  the  minimum  working  age  as  18.  However,  children  be- 
tween the  ages  of  11  and  18  may  be  employed  in  a  family-related  business  or  enter- 
prise provided  they  haveparental  permission,  a  medical  clearance,  and  a  work  per- 
mit from  a  labor  office.  This  type  of  employment  is  rare,  except  in  subsistence  agri- 
culture. Forced  and  bonded  labor  by  children  is  prohibited  and  is  not  known  to  occur 
(see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — Minimum  wages  for  the  private  sector  are  set 
by  the  Minimum  Wage  Board,  a  quasi-governmental  body  with  representatives  from 
the  labor  and  employer  sectors.  The  Board  made  a  determination  in  1992,  which  is 
still  valid,  reducing  the  minimum  wage  for  newly  hired  urban  workers  to  the  level 
of  the  minimum  wage  for  rural  workers.  Also  in  1992,  the  National  Youth  Wage, 
for  new  entrants  into  the  labor  force  between  16  and  21  years  of  age,  was  set  at 
75  percent  of  the  adult  minimum  wage.  The  adult  minimum  wage  of  $28.00  (40 
kina)  per  week  does  not  provide  a  decent  standard  of  living  for  a  worker  and  family 
who  live  solely  on  the  cash  economy.  Although  the  Department  of  Labor  and  Em- 
ployment and  the  courts  attempt  to  enforce  the  minimum  wage  law,  enforcement 
is  not  effective  due  to  lack  of  resources.  Minimum  wage  levels,  allowances,  rest  peri- 
ods, holidays  leave,  and  overtime  are  regulated  by  law.  The  workweek  is  limited  by 
law  to  42  hours  f)er  week  in  urban  areas  and  44  hours  per  week  in  rural  areas. 
The  law  provides  for  at  least  one  rest  period  of  24  consecutive  hours  every  week. 
Enforcement  is  lax. 

Enforcement  of  the  Industrial  Health  and  Safety  Law  and  related  regulations  is 
the  responsibility  of  the  Department  of  Labor  and  Employment.  The  law  requires 
that  work  sites  be  inspectea  on  a  regular  basis.  However,  due  to  a  shortage  of  in- 
spectors, inspections  take  place  only  when  requested  by  workers  or  unions.  Workers' 


876 

ability  to  remove  themselves  from  hazardous  working  conditions  varies  by  work- 
place. Unionized  workers  have  some  measure  of  protection  in  such  situations. 


THE  PHILIPPHSTES 

The  Philippines  is  a  democratic  republic  with  an  elected  president,  a  functioning 
political  party  system,  a  bicameral  legislature,  and  an  independent  judiciary.  How- 
ever, political  corruption  remains  endemic  in  many  areas  of  government,  including 
the  electoral  and  law  enforcement  systems.  The  Gfovemment  made  progress  in  talks 
with  insurgent  groups.  The  judicial  system  suffers  from  both  corruption  and  ineffi- 
ciency. 

The  Department  of  National  Defense  directs  the  Armed  Forces  of  the  Philippines 
(AFP),  and  the  Department  of  Interior  and  Local  Government  has  authority  over  the 
civilian  Philippine  National  Police  (PNP),  whose  role  involves  anti-insurgency  efforts 
as  well  as  normal  police  work.  Despite  its  official  external  mission,  the  AFP  became 
increasingly  involved  in  local  law  enforcement.  Security  forces,  including  police,  sol- 
diers, and  local  civilian  militias,  committed  human  rights  abuses. 

The  Government  is  implementing  a  far-reaching  economic  reform  program,  "Phil- 
ippines 2000,"  to  convert  its  agrarian-based  economy  into  an  industrial,  market- 
driven  one  and  attract  foreign  investment.  The  Government  has  succeeded  in  liber- 
alizing the  investment,  trade,  and  foreign  exchange  regimes.  Garments  and  elec- 
tronics make  up  more  than  half  of  merchandise  export  receipts  and  are  significantly 
complemented  by  overseas  worker  remittances  totaling  over  $4  billion  in  1997. 
Gross  domestic  product  grew  at  approximately  5  percent.  While  the  Government  has 
accelerated  maricet  reforms,  poverty  and  inequitable  income  distribution  remain, 
and  the  Government's  "social  reform  agenda'  has  made  little  progress.  About  36  per- 
cent of  the  population  of  70  million  have  difficulty  meeting  basic  nutritional  and 
other  needs,  while  the  richest  20  percent  of  families  received  incomes  over  10  times 
that  of  the  lowest  20  percent.  Annual  per  capita  national  income  was  estimated  at 
$1,142  for  the  first  9  months  of  1997. 

The  Government  generally  respected  the  human  rights  of  its  citizens;  however, 
there  were  problems  in  some  areas.  Members  of  the  security  forces  were  responsible 
for  extrajudicial  killings,  disappearances,  torture  and  other  physical  abuse  of  sus- 
pects, and  arbitrary  arrest  and  detention.  Prison  conditions  are  harsh  and  in  some 
cases  life  threatening.  According  to  the  Government's  Commission  on  Human  Rights 
(CHR),  the  police  continued  to  be  the  leading  abusers  of  human  rights.  Some  abuses 
were  conrunitted  by  police  or  military  personnel  involved  in  illegal  activities,  includ- 
ing coerced  protection,  kidnaping  gangs,  drug  syndicates,  and  illegal  logging.  In 
some  cases,  police  authorities  appear  to  tacitly  sanction  police  brutality  and  even 
collusion  with  killings  as  an  expedient  means  to  fight  crime.  The  Government  has 
taken  few  effective  steps  to  reform  the  police,  the  military  forces,  or  a  court  system 
that  appears  susceptible  to  the  influence  of  the  wealthy  and  powerful  while  not  pro- 
viding equal  justice  for  others.  There  is  a  failure  to  prosecute  many  who  break  the 
law.  The  judiciary  is  inefiicient,  lacks  sufficient  staff,  does  not  ensure  expeditious 
trials,  and  suffers  from  corruption.  The  courts  remain  hobbled  by  backlogs  and  lim- 
ited resources,  and  long  delays  in  trials  are  common.  There  was  a  marked  increase 
in  the  displacement  of  citizens,  accompanied  by  physical  assaults  on  communities 
(indigenous  peoples,  farm  cooperatives  or  squatter  groups). 

An  estimated  4  million  citizens  living  abroad  remained  disenfranchised  because 
Congress  has  not  yet  enacted  absentee  voting,  as  required  by  the  Constitution.  Vio- 
lence and  discrimination  against  women  and  abuse  of  children  continued  to  be  seri- 
ous problems.  Discrimination  against  indigenous  people  and  Muslims  persists,  al- 
though the  Mindanao  peace  process  is  addressing  the  latter  problems  in  many  com- 
munities. Legislation  passed  in  October  is  expected  to  provide  improved  protection 
for  indigenous  people.  Rural  poverty  and  family  displacement  worsened  a  persistent 
child  labor  problem,  which  the  Government  took  steps  to  address. 

To  promote  respect  for  human  rights,  the  Commission  on  Human  Rights,  a  gov- 
ernmental body,  organized  a  system  of  over  6,000  locality  ("barangay")  human 
rights  officers  to  monitor  local  authorities  and  report  complaints. 

Communist  and  Muslim  insurgent  groups  committed  abuses,  including 
extrajudicial  killings,  kidnapings,  torture,  and  detentions. 


877 


RESPECT  FOR  HUMAN  RIGHTS 


Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Police,  prison  guards,  and  military 
forces  committed  extrajudicial  killings.  The  nongovernmental  organization  (NGO) 
Task  Force  Detainees  of  the  Philippines  (TFDP)  reported  five  extrajudicial  killings 
by  authorities  in  the  first  6  months  of  1997,  compared  with  14  in  1996.  The  CHK, 
which  includes  killings  by  insurgents  in  its  totals,  investigated  49  extrajudicial 
killings  in  the  first  6  months  of  the  year. 

The  TFDP  reported  that  police  personnel  killed  three  persons  and  wounded  three 
others  during  the  demolition  and  removal  of  an  indigenous  people's  community  in 
Bxikidnon  province,  Mindanao,  in  July.  According  to  both  the  TFDP  and  the 
Church's  Ecumenical  Commission  for  Displaced  Families  and  Communities,  ele- 
ments of  the  PNP  shot  two  members  of  the  Higaonon  people  and  a  Filipino  visitor 
in  the  course  of  forcibly  removing  them  from  land  that  they  claimed  as  ancestral 
domain  but  to  which  a  powerful  local  family  also  laid  claim.  Three  other  Higaonon, 
including  an  8-year-old  girl,  were  woundecl  in  the  gunfire  as  local  security  forces, 
demolition  teams,  and  the  PNP  worked  together  to  expel  more  than  a  hundred  fami- 
lies (an  estimated  600  people). 

Although  several  thousand  PNP  officers  have  taken  part  in  CHR  human  rights 
training.  Killings  and  the  mistreating  of  criminal  suspects  continued.  In  May  De- 
partment of  Interior  and  Local  Government  (DILG)  Secretary  Robert  Barbers  issued 
a  "shoot  to  kill"  directive  to  police  in  situations  where  they  believed  they  faced  an 
armed  criminal.  Barbers  sought  to  respond  to  allegations  of  a  police  killing  in  the 
death  of  suspected  jewelry  store  robber  whose  escape  from  jail  was  widely  reported 
by  the  press  (see  Section  I.e.). 

There  were  numerous  deaths  in  custody  due  to  beatings  by  prison  guards,  mal- 
nutrition, and  disease  (see  Section  I.e.). 

The  AFP  continued  its  counterinsurgency  campaign  in  Mindanao  (see  Section  l.g.), 
and  the  TFDP  reported  that  the  AFP  was  responsible  for  14  civilian  deaths  during 
the  first  half  of  1997. 

Extrajudicial  killings  also  resulted  from  increased  AFP  involvement  in  civilian 
law  enforcement  following  the  declaration  by  President  Ramos  in  August  that  the 
drug  trade  was  a  national  security  threat.  Members  of  the  AFP  mistakenly  killed 
an  8-year-old  girl  in  August  during  a  raid  on  the  home  of  a  suspected  drug  lord. 
The  CHR  filed  a  negligence  complaint  against  the  AFP  unit's  commanders.  The  sol- 
diers involved  were  arraigned  on  charges  of  manslaughter. 

Many  civilian  deaths  resulted  from  clashes  between  the  AFP  and  the  Muslim  sep- 
aratist group,  the  Moro  Islamic  Liberation  Front  (MILF).  A  cease  fire  was  put  into 
effect  in  November,  and  the  (jovemment  and  MILF  have  engaged  in  exploratory 
talks.  In  March  in  Buldon  in  Mindanao,  10  Muslim  students  and  a  teacner  were 
killed  by  artillery  fire  that  destroyed  the  building  where  they  were  holding  classes. 
A  CHR  investigation  and  report  indicated  that  only  the  AFP  used  the  kind  of 
105mm  howitzer  capable  of  firing  the  projectiles  that  struck  the  community  center 
holding  the  classes.  However,  the  AFP  claimed  that  there  was  evidence  that  a  dif- 
ferent Kind  of  munition  was  used  in  the  shelling. 

Civilian  militia  units  or  Citizens  Armed  Forces  (geographical  Units  (CAFGLTs) 
also  committed  extrajudicial  killings.  Organized  by  the  police  and  the  AFP  to  secure 
areas  cleared  of  insurgents,  these  nonprofessional  units  have  inadequate  training, 
poor  supervision,  and  a  propensity  for  violent  behavior.  There  was  a  gradual  reduc- 
tion of  CAFGU  numbers,  however,  continued  fitting  in  Mindanao  and  resistance 
from  some  governors,  who  feared  a  renewed  Communist  threat,  particularly  in 
northern  Luzon,  hindered  efforts  to  reduce  such  forces. 

The  Catholic  Bishops  Conference  of  the  Philippines  (CBCP)  reported  that  in  Au- 
gust a  CAFGU  member  killed  a  church  worker  assigned  to  pastoral  care  of  prisoners 
in  the  Davao  area  penal  colony  at  Dapecol.  The  CBCP  indicated  that  the  church  vol- 
unteer, Rodrigo  Guillen,  was  shot  by  the  CAFGU  bodyguard  of  the  superintendent 
of  the  penal  colony,  retired  police  colonel  Jose  Poblacion.  Guillen  was  reportedly  a 
target  for  retribution  after  recently  signing  a  complaint  against  Poblacion  about 
abuses  in  the  prison  (see  Section  I.e.). 

In  February  unidentified  gunmen  killed  the  head  of  the  Catholic  diocese  of  Sulu, 
Bishop  Benjamin  De  Jesus.  The  gunmen  also  killed  a  young  girl  and  wounded  four 
boys.  Prosecutors  announced  the  arrest  of  two  suspects  without  apparent  political 
motives.  At  year's  end,  the  trial  had  not  begun. 

Police  suspects  in  the  1995  Kuratong  Baleleng  robbery  case  have  not  yet  been 
tried  in  the  Sandiganbayan  ,  the  ombudsman  court.  The  United  Nations  Special 
Rapporteur  on  Summary  and  Arbitrary  Execution  still  awaits  a  final  response  from 
the  Government  to  its  inquiry  about  the  case.  The  Sandiganbayan  appeared  pre- 


878 

pared  to  issue  indictments  and  open  trial  early  in  the  year,  however,  both  a 
Sandiganbayan  justice  and  Senator  Raul  Roco,  who  pushed  for  the  case's  resolution, 
reported  receiving  death  threats  in  February.  The  attorneys  assisting  prosecution 
witnesses  in  the  case  complained  to  the  U.N.  Special  Rapporteur  that  they  also  re- 
ceived death  threats.  In  February  the  Rapporteur,  Bacre  Ndaje,  asked  the  Phil- 
ippine Department  of  Foreign  Aflairs  to  enforce  the  fundamental  principles  of  the 
universal  Declaration  on  Human  Rights.  In  June  some  of  the  key  high-ranking  po- 
lice officials,  who  were  about  to  be  charged,  were  informally  "rehabilitated"  after  the 
PNP  reinstated  them.  As  the  process  dragged  on,  key  state  witnesses  either  left  the 
country  due  to  fear  of  reprisal,  or  remained  in  a  witness  protection  program,  due 
to  fear  of  retribution  against  their  families. 

Corruption  and  continued  impunity  hindered  the  prosecution  of  cases  of  killings 
from  previous  years.  The  Integrated  Bar  of  the  Philippines  (IBP)  urged  its  40,000 
members  in  August  to  protest  the  lack  of  government  prosecution  in  eight  cases  in- 
volving the  death  or  disappearance  of  judges  and  lawyers  since  1994. 

Vigilante  groups  or  employees  of  contract  security  firms  working  with  the  authori- 
ties were  also  responsible  for  extrajudicial  killings.  In  Davao  city  there  is  reportedly 
widespread  vigilante  justice  practiced  against  suspected  drug  dealers.  Senator 
Ernesto  Herrera,  a  leader  in  the  Government's  antidrug  efforts,  reported  that  a 
Davao  vigilante  group  calling  itself  "Servants  of  the  People"  killed  39  suspected 
drug  dealers  in  the  first  8  months  of  1997. 

Although  the  Communist  insurgency,  with  its  military  wing  the  New  People's 
Army  (NPA),  is  greatly  reduced  from  its  height  in  the  1980's,  NPA  insurgents  killed 
many  persons,  including  civilians.  In  Zambales  province  in  March  rebels  ambushed 
a  police  patrol  and  killed  a  local  police  chief,  four  officers,  and  two  civilians.  In  Que- 
zon province  in  January  NPA  forces  ambushed  a  car  occupied  by  employees  of  a 
power  station  construction  site  and  killed  two  persons.  In  Mindoro  province  in  April 
NPA  forces  attacked  the  town  hall  in  Bansud  and  killed  two  unarmed  security  men. 
Members  of  a  faction  of  the  NPA  killed  two  civilians  in  San  Carlos  city  in  Negros 
Occidental  in  February.  The  NPA  faction  reportedly  killed  the  two  men  for  their. al- 
leged involvement  in  drug  trafTicking  and  land  extortion  (see  Section  1.0.  In  'Teo- 
ple's  Court"  trials,  the  NPA  tortured  and  summarily  executed  some  defendants  (see 
Section  I.e.). 

Urban  leftist  guerrillas  reportedly  killed  two  former  NPA  members  in  the  Manila 
area  in  June.  Members  of  the  terrorist  Alex  Boncayao  Brigade  claimed  responsibility 
for  the  "execution"  of  a  landowner  in  Negros  Occidental  in  July. 

MILF  rebels  hijacked  a  vehicle  in  the  Maguindanao  province  of  Mindanao  in  June 
and  killed  two  passengers. 

In  late  October,  NPA  units  raided  a  police  municipal  headquarters  in  Rizal  prov- 
ince near  Manila.  They  killed  one  policeman  and  abducted  the  police  chief,  whom 
they  held  for  over  a  month.  In  November  three  policemen  and  a  photographer  were 
killed  in  a  Bicol  province  ambush.  An  NPA  attack  in  Mindoro  Occidental  in  Decem- 
ber resulted  in  the  deaths  of  five  policemen  and  the  abduction  of  a  police  com- 
mander. The  NPA  released  their  police  captives  in  both  Rizal  and  Mindoro  Occiden- 
tal provinces  after  subjecting  them  to  a  "trial"  (see  Section  l.f.). 

b.  Disappearance. — The  (JHR  reported  eight  disappearance  in  the  first  6  months 
of  the  year,  compared  with  five  in  1996.  The  Integrated  Bar  of  the  Philippines  ex- 
pressed concern  over  the  August  disappearance  oT  a  defense  attorney  retained  by 
the  suspect  in  a  highly  publicized  drug  case.  The  missing  attorney  was  last  seen 
in  the  company  of  a  National  Bureau  of  Investigation  ofTicer  before  he  was  ab- 
ducted. According  to  government  sources,  there  were  links  between  the  attorney's 
client,  a  suspected  drug  smuggler,  and  the  police. 

The  courts  and  police  have  failed  to  address  complaints  by  victims'  families  con- 
cerning numerous  disappearances  in  the  late  1980  s.  According  to  Amnesty  Inter- 
national, disappearances  occurred  when  people  were  taken  into  custody  by  agents 
of  the  Government,  but  the  Government  denied  knowledge  of  their  whereabouts  and 
concealed  their  custody.  An  advocacy  group,  Families  of  victims  of  Involuntary  Dis- 
appearance (FIND),  presented  to  the  Government  records  of  1,635  documented  cases 
01  missing  individuals  since  the  Marcos  era.  (According  to  Amnesty  International, 
there  were  759  disappearances  under  former  President  Ferdinand  Marcos,  830  dis- 
appearances during  tne  Corazon  Aquino  presidency,  and  46  since  President  Ramos 
assumed  office  in  1992.)  Although  President  Fidel  Ramos  appointed  a  conunittee  to 
investigate  such  disappearances  in  1992,  the  committee  never  functioned.  FIND 
called  for  its  disbanding  to  dispel  any  illusion  that  the  problem  is  being  addressed. 
Instead  FIND  appealed  for  a  return  visit  by  the  U.N.  Working  Group  on  Enforced 
and  Involuntary  Disappearances,  which  last  visited  the  country  in  1990.  The  ap- 
pearance of  deliberate  government  inaction  on  cases  that  involve  officials  who  re- 


879 

main  influential  helps  create  a  climate  of  impunity  that  undermines  confidence  in 
the  justice  system. 

Kidnaping  of  members  of  ethnic  communities  remained  a  problem.  Criminal  syn- 
dicates and  insurgent  groups  targeted  primarily  Chinese-Filipino  businessmen,  al- 
though their  victims  also  included  ethnic  Filipino  business  people  and  some  foreign 
managers.  According  to  the  group  Citizens  Action  Against  Crime  (CAAC),  which 
monitors  incidents  that  victims'  families  have  chosen  not  to  report,  there  were  105 
kidnapings  for  ransom  in  the  first  8  months  of  1997,  involving  172  victims. 

Members  of  the  Chinese-Filipino  community,  which  is  about  1  to  2  percent  of  the 
population,  wield  significant  commercial  inlluence,  normally  refused  to  cooperate 
with  the  authorities  or  to  identify  their  captors,  if  known.  In  a  typical  case,  kidnap- 
ers seized  real  estate  developer  Kok  Go  and  his  son  in  a  downtown  Manila  neighbor- 
hood in  February.  Within  hours  his  family  paid  about  $170,000  (5  million  pesos)  for 
their  release  without  contacting  the  police.  The  Chinese  community  deeply  distrusts 
the  authorities,  whom  they  believe  collude  with  the  kidnap  gangs.  Observers  believe 
that  police  involvement  is  indicated  bv  the  kidnapers'  frequent  use  of  sophisticated 
communications  equipment  and  high-powered  weapons.  In  December  shops  in 
Manila's  Chinese  business  district  closed  for  1  day,  and  there  were  marches  to  pro- 
test the  deaths  of  two  young  kidnap  victims. 

According  to  the  Government's  kidnaping  task  force  report  in  March  there  was 
evidence  that  87  police  officers  and  27  members  of  the  military  were  involved  with 
kidnaping  operations.  Nevertheless,  despite  press  criticism,  there  were  few  indict- 
ments of  police  and  military  personnel  on  kidnaping  charges. 

Along  with  Manila,  the  city  of  Cotabato  in  Mindanao  was  a  frequent  site  of 
kidnapings.  Its  proximitv  to  areas  controlled  by  an  insurgent  Muslim  force,  the 
MILF,  makes  it  especially  vulnerable.  To  respond  to  a  rash  of  14  kidnapings  in  a 
month  and  shop  closure  protests  by  the  resident  Chinese-Filipino  business  commu- 
nity. President  Kamos  ordered  soldiers  to  replace  the  police  as  the  law  enforcement 
authority  there  in  May.  Although  AFP  leaders  charged  the  MILF  with  seeking  ran- 
som fiinds  and  using  the  kidnapings  as  a  "show  of  force,"  observers  believed  that 
many  kidnapings  were  by  gangs,  many  of  which  were  composed  of  former  insurgents 
or  police  and  army  veterans.  In  some  cases  MILF  forces  also  took  part  or  colluded 
witn  the  kidnapers.  In  one  such  incident,  a  German  businessman  was  kidnaped  by 
the  MILF  in  Zamboanga  del  Norte  in  September,  at  year's  end,  although  his  release 
seemed  imminent,  he  was  still  being  held.  Several  bandit  groups  or  fraudulent 
intermediaries  have  emerged  to  seek  ransom  money. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture,  and  evidence  obtained  through  its  use  is  legally 
inadmissible.  However,  members  of  the  security  forces  and  police  continued  to  use 
torture  and  otherwise  abuse  suspects  and  detainees.  The  CHR  and  the  Department 
of  Interior  and  Local  Government  (DILG)  provide  the  police  with  human  rights 
training,  including  primers  on  the  rights  of  suspects.  However,  such  training  is  vol- 
untary and  depenaent  on  the  DILG's  uncertain  budget.  Police  awareness  of  the 
ridits  of  persons  in  custody  remains  poor. 

The  CHR  reported  one  case  of  torture  through  June,  compared  with  four  in  all 
of  1996.  The  TFDP  reported  eight  cases  in  the  first  10  months  of  1997,  compared 
with  nine  during  1996.  A  study  commissioned  by  the  NGO  LawAsia  identified  the 
most  common  forms  of  abuse  during  arrest  and  interrogation  as  mauling,  slaps, 
strangulation,  hitting  with  rifie  butts  or  wooden  clubs,  poking  with  a  gun,  enclosing 
a  victim's  head  in  cellophane,  and  applying  electrical  current  to  the  genitals.  Police 
also  reportedly  bum  or  drag  suspects  behind  cars  to  force  confessions.  In  February 
a  CHR  medical  ofiicer  found  evidence  that  police  tortured  and  beat  suspects  in  a 
robbery  case  in  which  police  were  allegedly  involved.  According  to  the  CHR,  the  po- 
lice used  electric  shocks,  blows  with  rifie  stocks,  and  beatings  to  force  confessions 
from  the  two  suspects. 

Police  used  tear  gas  and  force  in  battling  squatters  who  were  being  displaced  (see 
Section  l.f.). 

The  NPA  sometimes  tortures  defendants  tried  in  its  informal  courts  (see  Section 
l.e.). 

Prison  conditions  are  harsh  and  often  life  threatening.  Jails  and  prisons  are  over- 
crowded, have  limited  exercise  and  sanitary  facilities,  and  provide  prisoners  with  an 
inadequate  diet.  Administrators  reportedly  budget  a  subsistence  allowance  of  about 
80  cents  (25  p)esos)  a  day.  In  January  there  were  prisoner  riots  in  the  Manila  city 
jail,  reportedly  caused  by  gang  rivalries.  In  July,  during  another  riot  there,  two  pris- 
oners and  the  infant  child  of  an  inmate  were  shot  and  killed  by  prison  guards  at- 
tempting to  quell  the  disturbance.  Conditions  reached  crisis  proportions  when  an 
outbreak  of  typhoid  fever  in  the  jail  led  to  the  death  of  eight  prisoners  in  February. 
Over  2,000  prisoners  are  housed  in  the  century  old  jail,  where  overcrowding  and  a 


880 

contaminated  water  supply  caused  numerous  typhoid  cases.  Following  a  1990—96 
CHR  study  on  6,939  jail  facilities,  the  CHR  criticised  the  imprisonment  of  women 
and  children  in  facilities  not  fully  segregated  from  male  inmates.  A  September  CHR 
report  notes  that  budget  shortfalls  have  prevented  many  local  authorities  from  pro- 
viding better  jaU  conditions. 

Ofncial  corruption  is  a  serious  problem  in  the  prison  system.  Jail  administrators 
reportedly  delegate  much  authority  to  maintain  order  to  senior  inmates.  Favored  in- 
mates reportedly  enjoy  access  to  outside  contacts,  enabling  them  to  trade  in  pros- 
titution and  drugs  from  within  the  jail.  The  CHR  investigated  the  death  of  an  in- 
mate in  February  after  his  family  charged  that  his  body  snowed  marks  of  beatings. 
JaU  authorities  claimed  that  he  fell  to  his  death  in  an  apparent  suicide. 

Guards  often  abuse  prisoners.  Female  prisoners  are  at  particular  risk  of  sexual 
assault.  A  CHR  ref>ort  on  jail  facilities  throughout  the  country  indicated  that  of  613 
jails  visited,  only  64  had  adequate  facilities  and  were  in  good  condition.  Some  promi- 
nent prisoners  and  celebrities,  however,  are  treated  far  better.  A  congressman  de- 
tained in  a  Makati  city  jail  for  several  months  soon  upgraded  his  cell  quarters  with 
air  conditioning,  food  service  facilities,  and  video  equipment.  He  was  allowed  passes 
to  visit  his  dentist  and  others  outside  the  jail. 

Conditions  in  the  provincial  jails  were  often  as  Spartan  and  overcrowded  as  in 
Manila.  Inmates  depended  on  their  families  for  food  because  of  the  insufficient  sub- 
sistence allowance.  According  to  the  penal  authorities,  there  were  over  21,000  pris- 
oners held  in  regional  jails.  Many  were  there  at  the  discretion  of  local  law  enforce- 
ment authorities  without  benefit  of  a  trial.  In  one  incident  the  CAFGU  bodyguard 
of  a  penal  colony  superintendent  killed  a  church  volunteer  worker  (see  Section  l.a.). 

Through  the  efforts  of  the  CHR  between  1988  and  1996,  627  prisoners  and  detain- 
ees were  released  because  they  had  been  imprisoned  beyond  the  term  of  the  sen- 
tences imposed,  or  because  the  CHR  helped  obtain  their  paroles  or  pardon.  The 
CHR  study  found  that  a  major  contributor  to  overcrowding  in  the  prisons  was  the 
courts'  failure  to  hear  the  cases  of  detainees  who  were  unable  to  post  bail. 

International  monitoring  groups,  the  International  Committee  of  the  Red  Cross, 
and  foreign  embassy  ofTicials  are  allowed  free  access  to  jails  and  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^Although  the  Constitution  requires  a  ju- 
dicial determination  of  probable  cause  before  issuance  of  an  arrest  warrant  and  pro- 
hibits holding  prisoners  incommunicado  or  in  secret  places  of  detention,  police  con- 
tinue to  arbitrarily  arrest  and  detain  citizens. 

Detainees  have  the  right  to  a  judicial  review  of  the  legality  of  their  detention  and, 
except  for  offenses  punishable  by  a  life  sentence  or  death  (when  evidence  of  guilt 
is  strong),  the  right  to  bail.  Authorities  are  required  to  file  charges  within  12  to  36 
hours  of  a  warrantless  arrest,  depending  on  the  seriousness  of  the  crime  for  which 
the  arrest  was  made.  The  CHR  listed  34  cases  of  illegal  arrest  and  detention  in  the 
first  6  months  of  1997.  The  TFDP  reported  that  81  persons  were  arrested  illegally 
in  the  first  10  months  of  1997,  compared  with  84  such  arrests  during  the  previous 
year.  In  late  1996,  the  politically  motivated  arrest  and  detention  of  a  member  of  the 
Communist  National  Democratic  Front  (NDF),  Danilo  Borjal,  in  Naga  city  received 
extensive  publicity.  Borjal  was  an  advisor  for  the  Govemment-NPA  peace  talks,  and 
despite  his  right  to  certain  immunities  under  the  Government's  peace  process  agree- 
ment with  the  NDF  and  related  NPA  insurgents,  he  was  arrested  and  held  for  over 
3  months  on  a  charge  of  illegal  possession  of  an  weapon. 

The  NPA  is  responsible  for  some  arbitrary  arrests  and  detentions,  oflen  in  connec- 
tion with  informal  courts  set  up  to  try  civilians  and  local  politicians  for  "crimes 
against  the  people." 

Forced  exue  is  illegal  and  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  the  judicial  system  suffers  from  corruption  and  inefliciency.  Personal  ties 
undermine  the  commitment  of  some  government  institutions  to  ensuring  due  proc- 
ess and  equal  justice,  resulting  in  impunity  for  those  who  commit  offenses  but  are 
rich  and  influential. 

The  national  court  system  consists  of  four  levels:  Local  and  regional  trial  courts, 
a  national  Court  of  Appeals  divided  into  15  divisions,  a  15-member  Supreme  Court, 
and  an  informal  local  system  for  arbitrating  or  mediating  certain  problems  outside 
the  formal  court  system. 

The  Constitution  provides  that  those  accused  of  crimes  be  informed  of  the  charges 
against  them,  have  the  right  to  counsel,  and  be  provided  a  speedy  and  public  trial. 
Defendants  are  presumed  innocent  and  have  the  right  to  confront  witnesses  against 
them,  to  present  evidence,  and  to  appeal  convictions.  The  authorities  generally  re- 
spect the  right  of  defendants  to  be  represented  by  a  lawyer,  although  poverty  often 
inhibits  a  oefendant's  access  to  attorneys.  There  is  no  jury  system  under  the  law; 
all  cases  are  heard  by  judges. 


881 

According  to  the  NGO  Alterlaw,  abuse  of  personal  connections,  patronage,  influ- 
ence peddling,  and  bribery  are  common.  The  judicial  process  is  perceived  as  biased 
in  favor  of  the  rich  and  influential,  and  there  are  few  instances  of  the  police  inves- 
tigating and  the  courts  trying  white  collar  criminals.  Legal  experts  in  and  outside 
the  justice  system  also  criticize  personal  and  professional  relationships  between 
judges  and  the  individuals  and  corporations  whose  cases  they  are  assigned.  Some 
law  firms,  known  in  that  profession  as  "case  fixers,"  gain  the  favor  of  judges  and 
other  court  officials  and  brine  some  witnesses.  While  it  is  technically  illegal  to  settle 
criminal  cases  out  of  court,  the  practice  of  reaching  an  "amicable  settlement"  is  rou- 
tine; without  key  victims  or  witnesses  to  testify,  the  authorities  are  forced  to  aban- 
don their  case.  The  Government  has  been  unable,  for  the  most  part,  to  take  efiiective 
action  to  intervene  in  these  situations. 

The  pace  of  justice  is  slow.  The  court  system  is  unable  to  assure  detained  persons 
expeditious  tnals.  There  is  a  widely  recognized  need  for  more  prosecutors,  judges, 
and  courtrooms.  A  leading  court  administrator  indicated  that  549  unfilled  positions 
for  judges  remained  vacant  in  1997  for  lack  of  qualified  applicants.  Many  vacancies 
were  in  provincial  capitals  unattractive  to  jurists.  In  other  cases,  salaries  for  judges 
were  considered  too  low  compared  with  other  opportunities.  Further  impeding  ius- 
tice  was  a  shortage  of  prosecutors.  A  Justice  Department  official  acknowledged  in 
June  that  he  lacked  sufficient  resources  to  hire  the  prosecutors  needed  for  the  na- 
tionwide case  load.  He  also  acknowledged  that  prosecutors  are  susceptible  to  corrup- 
tion because  of  their  low  salaries. 

According  to  the  Constitution,  cases  are  to  be  resolved  within  set  time  limits  once 
submitted  for  decision:  24  months  for  the  Supreme  Court;  12  for  the  Court  of  Ap- 
peals, and  3  months  for  lower  courts.  There  are  no  time  limits  for  trials.  Because 
of  numerous  technical  delays  and  frequent  failures  of  judges  and  prosecutors  to  ap- 
pear, trials  can  last  many  months.  Prosecutors  often  declined  to  prosecute  certam 
types  of  cases.  Officials  in  the  Labor  and  Social  Welfare  Departments  complain  that 
prosecutors  fail  to  follow  up  on  cases  involving  child  labor  violations  (see  Section 
6.d.).  Police  who  cut  short  tne  investigative  process  by  extracting  forced  confessions 
contribute  to  lengthy  court  dockets,  as  judges  reject  such  denials. of  due  process. 

The  CHR  reported  that  only  18  percent  of  the  human  rights  cases  that  it  referred 
to  courts  and  other  government  agencies  were  resolved,  and  that  the  courts  dis- 
missed 76  percent  of  the  few  cases  received  for  judicial  review.  Commission  officials 
blamed  the  low  percentage  on  the  problems  inherent  in  the  justice  system.  To  ad- 
dress the  problem,  the  CHR  arranged  to  have  three  Justice  Department  prosecutors 
permanently  assigned  to  its  staff  to  expedite  prosecutions. 

Although  the  Sandiganbayan's  hanaling  of  the  Kuratong  Baleleng  case  (see  Sec- 
tion l.a.)  was  not  transparent,  the  court,  as  an  instrument  for  reform,  served  well 
in  some  cases  involving  regional  political  figures  who  might  otherwise  have  swayed 
the  verdicts  of  regional  courts.  However,  in  other  cases  involving  major  political  fig- 
ures and  sensitive  issues,  the  court  appeared  unable  to  begin  proceedings. 

An  NGO  representing  over  400  families  of  crime  victims  (Crusade  Against  Vio- 
lence— CAV)  reported  some  success  in  providing  families  with  legal  advice,  monitor- 
ing court  processes,  and  spurring  prosecutors  to  address  cases  despite  the  efibrts  of 
local  crime  lords  or  officials  to  hinder  proceedings.  However,  CAV  president  Dante 
Jimenez  resigned  in  May  in  a  protest  gesture  alter  his  brother's  murderer  was  ac- 
quitted in  a  Manila  area  court.  Jimenez  charged  that  local  protectors  of  the  drug 
trade  had  succeeded  in  corrupting  the  court  process. 

More  than  10,000  victims  claiming  indemnification  for  alleged  Marcos-era  human 
rights  abuses  await  the  outcome  of  a  Makati  city  court  case  begun  in  May.  Attor- 
neys defending  Mrs.  Imelda  Marcos  sought  to  block  any  court  finding  by  obtaining 
a  certificate  that  there  were  no  human  rights  cases  officially  on  file  against  the 
former  president.  CHR  officials  stated  that  they  would  support  the  efforts  of  the 
human  rights  victims  to  obtain  relief  and  filed  a  motion  on  their  behalf  in  the 
Makati  court.  Former  President  Corazon  Aquino  made  a  public  appeal  for  speedy 
court  justice  for  the  Marcos-era  human  rights  victims. 

In  October  the  TFDP  questioned  the  apparent  unfairness  in  many  of  court  pro- 
ceedings that  result  in  death  penalty  sentences,  since  the  judicial  system  did  not 
ensure  the  rights  of  defendants  to  due  process  and  legal  representation.  At  times, 
defendants  in  such  cases  had  no  lawyers  to  assist  them  when  they  were  arrested, 
indicted,  and  brought  to  trial. 

The  NPA  "tries"  civilians  and  local  politicians  for  "crimes  against  the  people"  in 
informal  courts.  Defendants  in  such  trials  are  sometimes  tortured  or  summarily  exe- 
cuted. Former  leaders  of  the  Communist  Party  have  been  at  particular  risk  in  "peo- 
ple's court"  trials. 

In  1995  the  Government  offered  anmesty  to  former  rebels  and  members  of  govern- 
ment security  forces  up  to  a  June  1,1995  deadline.  In  the  case  of  rebels,  crimes  cov- 


882 

ered  by  the  amnesty  had  to  have  been  committed  in  pursuit  of  political  beliefs;  in 
that  of  members  of  government  forces,  crimes  covered  were  those  committed  in  the 
performance  of  duty.  Members  of  government  security  forces  who  committed  serious 
human  rights  violations  (arson,  torture,  extrajudicial  killings,  massacres,  rape,  tor- 
ture and  robbery)  were  excluded  from  the  program.  A  quasi-judicial  National  Am- 
nesty Commission  (NAC),  whose  decisions  are  subject  to  review  only  by  the  Court 
of  Appeals,  was  established  to  process  amnesty  applications.  The  NAC  processed 
and  oversaw  the  release  of  41  political  prisoners  in  1995  and  1996.  None  were  re- 
leased in  1997. 

The  TFDP  reported  that  there  were  190  political  prisoners  held  as  of  December 
1.  The  Government  disputes  this  charge,  contending  that  those  held  for  allegedly 
political  reasons  were  really  imprisoned  for  common  crimes.  Frequently  those  politi- 
cal prisoners  counted  by  the  TFDP  were  charged  with  illegal  possession  of  firearms. 
The  TFDP  claims  that  the  authorities  deliberately  "criminalized"  the  pmUtical  of- 
fender cases  in  order  to  strip  political  prisoners  of  public  sympathy.  In  the  first  half 
of  1997,  TFDP  investigations  indicated  that  there  were  87  new  illegal  arrests  for 
political  reasons  (compared  with  60  during  the  same  period  in  1996).  According  to 
the  TFDP  the  authorities  released  24  political  prisoners.  They  were  released 
through  various  means,  including  outright  case  dismissal  (6)  and  conditional  pardon 
(11). 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  that  search  warrants  may  be  issued  by  a  judge  on  a  finding 
of  probable  cause.  Restrictions  on  search  and  seizure  within  private  homes  are  gen- 
ersdly  observed,  although  searches  without  warrants  do  occur.  Judges  have  declared 
evidence  obtained  illegally  to  be  inadmissible. 

Although  the  Government  does  not  interfere  with  the  free  personal  use  of  the 
mail,  there  were  credible  reports  in  August  that  military  surveillance  teams  oper- 
ated within  telephone  company  exchanges  to  monitor  calls  In  antinarcotics  law  en- 
forcement operations. 

There  was  a  marked  increase  in  displacements  of  families  from  their  homes  to 
make  way  for  infrastructure  and  commercial  developments.  In  January  the  United 
Nations  Committee  on  Economic,  Social,  and  Cultural  Rights  declared  the  Phil- 
ippines to  be  "one  of  the  top  violators"  in  allowing  families  to  be  displaced  without 
adequate  substitute  housing.  The  U.N.  Committee  filed  a  formal  inquiry  with  the 
Government  concerning  widespread  demolitions  in  1996.  A  member  of  the  CHR, 
Mercedes  Contreras,  complained  that  in  implementing  massive  infrastructure 
projects  in  Manila,  the  Government  has  dislocated  thousands  of  squatter  families 
(estimated  as  affecting  about  180,000  people  during  the  year).  The  (jovemment  has 
had  difficulty  in  implementing  its  1992  housing  law,  which  provides  for  consulta- 
tion, compensation,  and  substitute  housing  for  the  squatter  families  affected  by  re- 
moval plans.  Instead  there  were  numerous  arbitrary  demolitions  of  squatter  areas, 
which  often  resulted  in  physical  confrontations  and  even  deaths  to  squatter  family 
members. 

A  police  detachment  carried  out  a  demolition  of  homes  belonging  to  an  indigenous 
people's  community,  the  Higaonons,  which  resulted  in  three  deaths  in  July  (see  Sec- 
tion l.a.).  About  100  families  were  left  homeless  following  the  demolition,  which  was 
carried  out  based  on  a  court  order  secured  by  a  local  landowning  family. 

In  Manila  there  were  repeated  incidents  of  violence  associated  with  the  forced  dis- 
placement of  squatter  communities.  In  January  50  police  officers  using  tear  gas  bat- 
tled about  600  squatters  to  take  over  a  lot  in  the  central  Binondo  district;  dozens 
of  persons  were  injured  in  the  melee.  In  July  police  and  demolition  teams  helped 
clear  the  Sitio  Mendez  neighborhood  in  Quezon  City  of  Metro  Manila,  leaving  about 
12,000  people  temporarily  homeless;  three  infants  died  during  the  confrontation 
with  residents.  Subsequently  a  community  leader  among  the  squatters  was  shot  and 
killed  by  hired  security  guards.  Although  the  landowner  belatedly  made  arrange- 
ments for  substitute  housing  following  public  criticism,  the  TFDP  described  the  kill- 
ing of  the  community  leader  as  a  move  to  terrorize  slum  dwellers  opposed  to 
demolitions." 

In  a  similar  case  raised  with  the  U.N.  Commission  on  Human  Rights  in  1997  by 
the  leading  human  rights  NCK)  coalition,  the  Philippine  Association  of  Human 
Rights  Advocates,  a  president  of  a  community  farmers  association  in  Cavite  province 
was  abducted  in  September  1996,  following  a  series  of  strong  protests  against  the 
displacement  of  the  community  by  a  resort  developer.  The  association  appealed  its 
claim  to  land  ownership  to  the  (}overnment's  Department  of  Agrarian  Reform, 
which  has  restrained  the  developer  with  a  court  order.  But  confrontations  between 
the  farmers  and  developers'  agents  and  local  police  occurred  periodically  throughout 
the  year. 


883 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— Despite  a  1996  peace  agreement  between  the  Government  and  the  Moro  Na- 
tional Liberation  Front,  a  major  Islamic  insurgent  group,  occasional  clashes  between 
government  and  insurgent  forces  loyal  to  the  militant  Moro  Islamic  Liberation  Front 
continued  to  inflict  hardship  on  civilians.  Most  of  the  fighting  took  place  in  western 
Mindanao  provinces,  particularly  North  Cotabato,  Maguindanao,  Zamboanga  del 
Norte,  and  Basilan. 

The  AFP  assumed  police  duties  in  the  Mindanao  area  after  President  Ramos  ex- 
pressed heightened  concern  over  a  series  of  abductions  that  was  allegedly  undermin- 
ing the  Mindanao  peace  process.  In  June  despite  a  negotiated  cease-fire  with  the 
MILF,  the  army  attacked  a  large  MILF  base  area  in  Maguindanao  province  to  res- 
cue alleged  kidnap  victims,  displacing  more  than  18,000  families. 

Displaced  families  fear  careless  use  of  artillery  and  bombing  in  areas  otherwise 
untouched  by  the  conflict.  According  to  the  Ecumenical  Commission  for  Displaced 
Families  and  Communities,  14  armed  clashes  in  the  first  half  of  the  year  displaced 
some  27,147  families,  an  estimated  162,800  persons.  The  TFDP  reported  that  one 
civilian  was  killed  and  nine  wounded  as  the  result  of  small  arms  crossfire  or  from 
cannon  and  rocket  fire  (see  Section  l.a.). 

Although  neither  side  appeared  to  have  targeted  civilian  populations  or  restricted 
relief  supplies,  there  were  periodic  grave  food  shortages  associated  with  the  large 
number  of  displaced  families  during  the  army's  June  clashes  with  the  MILF. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  generally  respects  these  rights  in  practice. 

Drug  syndicates  have  frequently  retaliated  against  journalists  investigating  their 
crimes.  In  December  1996,  a  television  reporter  was  killed  at  his  home  in  Cavite 
after  investigating  drug  trafficking.  There  have  been  no  arrests  in  the  case.  In  June 
drug  traffickers  were  implicated  in  the  death  of  Manila  journalist  Danny  Hernan- 
dez, who  reported  on  the  scale  of  Manila  area  drug  operations.  The  Philippine  Press 
Institute  (PPI)  sought  a  reopening  of  the  police  investigation  in  the  case  in  the  belief 
that  the  prior  police  investigation — which  had  resulted  in  the  arrest  of  an  alleged 
robber — had  failed  to  identify  the  real  perpetrators. 

The  PPI  favors  the  repeal  of  legislation  that  bans  political  advertising  in  the 
media.  The  PPI  believes  that  the  total  ban,  enacted  in  the  interest  of  fairness,  fa- 
vors incumbents  and  deprives  new  candidates  of  the  opportunity  to  make  their 
views  known. 

There  appears  to  be  no  invasive  use  of  censorship,  although  there  is  a  govern- 
ment-appointed Movie  and  Television  Review  and  Classification  Board  which  largely 
monitors  the  sexual  rather  than  the  political  content  of  productions.  The  Govern- 
ment succeeded  in  delaying  the  release  of  a  film  depicting  the  hardships  and  alleged 
rape  of  an  overseas  14-year-old  Filipino  girl  working  illegally  in  a  household  in  the 
Middle  East.  Ofiicials  persuaded  the  film  company  to  withhold  the  film  on  the 
ground  that  its  content  could  affect  sensitive  bilateral  relations. 

The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel.  Emigration,  and  Re- 
patriation.— Citizens  enjoy  the  freedom  to  change  their  place  of  residence  and  em- 
ployment. Travel  abroad  is  limited  only  in  rare  circumstances,  such  as  pending 
court  cases  or  when  government  authorities  try  to  discourage  travel  by  vulnerable 
workers,  such  as  young  women  to  areas  where  they  face  personal  risk.  The  Phil- 
ippine Overseas  Employment  Administration  (POEA)  seeks  to  limit  departures  for 
work  abroad  to  those  whom  the  POEA  certifies  as  qualified  for  the  jobs.  An  esti- 
mated 4  million  citizens  work  overseas  and  remit  money  home,  which  amounts  to 
5  percent  of  the  gross  national  product. 

The  Philippines  is  a  signatory  to  the  1951  Geneva  Convention  Relating  to  the  Sta- 
tus of  Refugees  and  its  1967  Protocol.  There  is  no  comprehensive  legislation,  how- 
ever, to  implement  the  Convention.  The  Government  recognized  approximately  140 
refugees  who  were  under  the  U.N.  High  Commissioner  for  Refugees  protection.  The 
Government  continued  to  allow  1,583  asylum  seekers  from  Vietnam  to  remain  after 
the  termination  of  the  Comprehensive  Plan  of  Action  (CPA)  on  June  30.  All  these 
asylum  seekers  were  denied  refugee  status  in  accordance  with  CPA  provisions.  Ap- 
proximately 385  of  these  persons  reside  in  a  village  in  Palawan  composed  largely 
of  Vietnamese,  while  the  remainder  live  in  major  urban  areas. 


884 

The  Government  continued  to  encourage  voluntary  repatriation  of  these  asylum 
seekers  and  has  ruled  out  forcible  repatriation.  There  is  significant  nongovernment 
support  (particularly  from  the  Catholic  Church)  for  allowing  those  asylum  seekers 
who  do  not  wish  to  repatriate  and  are  ineligible  for  resettlement  in  third  countries 
to  remain  in  the  country  permanently. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  through  periodic  elections.  Congress  has 
yet  to  enact,  however,  a  system  for  absentee  voting,  as  required  by  the  Constitution. 
This  provision  affects  an  estimated  4  million  potential  voters  or  about  10  percent 
of  the  electorate,  most  of  whom  are  expatriates. 

An  estimated  70  to  75  percent  of  registered  voters  participated  in  1995  national 
and  local  elections  that  confirmed  the  control  of  a  loose  progovernment  coalition  over 
both  the  House  of  Representatives  and  the  Senate. 

However,  the  1995  elections  disclosed  a  flaw  in  the  election  system,  which  impairs 
the  democratic  process  and  the  transition  of  power  in  government.  Election  irreg- 
ularities invalidated  the  Senate  race  results  for  some  candidates.  The  hand-counting 
of  millions  of  paper  ballots  delayed  the  election  results  and  contributed  to  cheating. 
Former  Senator  Aquilino  Pimentel  filed  a  complaint  with  the  Senate  Electoral  Tri- 
bunal, alleging  he  was  victimized  by  vote  tampering,  known  as  "Dagdag-Bawas"  (lit- 
erally "Addition-Subtraction  "),  which  boosted  the  votes  of  his  rivals.  A  Senate  Elec- 
toral Tribunal  confirmed  the  validity  of  the  charges  in  August,  following  a  recount 
of  votes  in  17  percent  of  the  nation's  precincts.  Based  on  these  partial  results,  the 
Tribunal  concluded  that  at  least  243,700  nonexistent  votes  were  credited  to  a  rival 
candidate  who  had  defeated  Rmentel.  The  incumbent  remained  in  office  despite  the 
evidence  of  vote  tampering.  The  initial  public  reaction  to  the  Tribunal's  findings  re- 
flected widespread  pessimism  that  there  could  be  an  effective  reform  of  the  election 
system.  The  Government  did  not  begin  prosecution  of  election  oflicials  who,  accord- 
ing to  the  recount,  had  a  hand  in  massive  cheating.  A  top  official  of  the  Commission 
on  Elections,  Commissioner  Regalado  Maambong,  said  that  the  Commission  was 
powerless  to  prevent  such  cheating.  He  indicated  that  the  system  that  allows  local 
officials  to  appoint  or  influence  election  precinct  administrators  makes  it  impossible 
for  the  Commission  to  police  the  nationwide  system  and  assure  its  integrity. 

The  (jovemment  sought  through  a  peace  process  to  include  dissident  groups  with- 
in the  political  process.  In  September  1996,  there  was  a  significant  peace  agreement 
with  the  Moro  National  Liberation  Front  (MNLF).  A  former  MNLF  leader  was  elect- 
ed governor  of  the  Autonomous  Region  of  Muslim  Mindanao  shortly  after  the  agree- 
ment. The  Government  sought  also  to  include  a  second  insurgent  group,  the  MILF, 
in  the  peace  process. 

There  was  growing  debate  about  the  orderly  change  of  government  in  the  next 
presidential  election,  which  is  scheduled  for  May  1998.  Both  the  Catholic  Church 
and  human  rights  groups  criticized  efforts  to  extend  President  Ramos's  term  of  of- 
fice. In  August  term  extension  proponents  in  the  House  of  Representatives  intro- 
duced a  measure  to  convene  a  constituent  assembly  and  revise  the  Constitution  to 
extend  the  terms  of  both  the  President  and  congressional  incumbents.  By  year's  end, 
these  efforts  had  ceased,  and  it  apf)eared  elections  would  go  forward  as  scheduled. 

The  Government  continued  periodic  "peace  process"  talks  with  the  leadership  in 
exile  of  the  Communist  National  Democratic  Front  (NDF),  which  coordinates  with 
its  armed  resistance  group,  the  New  People's  Army.  A  faction  that  rejects  the  NDF 
leadership,  the  Revolutionary  People's  Army,  seeks  further  armed  resistance  rather 
than  involvement  in  the  peace  process. 

There  are  no  restrictions  in  law  or  practice  on  participation  by  women  and  minori- 
ties in  politics.  Three  women  head  cabinet  departments,  4  of  24  Senators  are 
women,  23  of  204  elected  members  of  the  House  are  women,  and  2  additional 
women  serve  as  appointed  "sectoral"  members  of  the  House. 

Muslim  leaders  appealed  for  a  constitutional  change  to  elect  senators  by  region. 
They  argue  that  the  current  method  of  election  from  a  nationwide  list  favors  the 
established  political  figures  from  the  Manila  area.  There  are  no  Muslim  senators. 

The  lower  house  of  the  Congress  includes  one  appointed  representative  for  the  in- 
digenous people's  "sector."  However,  such  "sectoral"  representatives  in  Congress 
complain  that  they  are  excluded  from  most  consultations  by  congressional  colleagues 
elected  from  regular  districts. 


885 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  wide  variety  of  human  rights  groups  op)erated  without  government  restriction, 
investigating  and  publishing  their  findings  on  human  rights  cases.  Many  govern- 
ment omcials,  including  those  of  the  CHK,  are  responsive  to  their  views.  The  Phil- 
ippine Alliance  of  Human  Rights  Advocates  (PAHRA),  a  leading  NGO  network,  ef- 
fectively monitors  human  rights  problems  and  seeks  redress  through  its  contacts 
with  the  Government,  the  Congress  and  the  CHR.  Human  rights  workers  encoun- 
tered minor  harassment,  largely  by  individual  local  military  or  police  commanders. 

The  Government  blocked  participation  by  Nobel  laureate  Jose  Ramos-Horta  in  a 
January  regional  seminar  on  human  rights  diplomacy  held  at  a  Manila  university. 
The  Government  denied  Ramos-Horta  a  visa,  oased  on  official  concern  that  Ramos 
Horta's  expression  of  support  for  East  Timor  dissidents  could  constitute  interference 
in  the  internal  affairs  of  an  Association  of  Southeast  Asian  Nations  partner,  Indo- 
nesia. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  against  women,  children,  and  members 
of  minorities.  Implementation  of  constitutional  protections  is  at  times  hindered  by 
lack  of  implementing  legislation  and  by  budgetaiy  constraints. 

Women. — Violence  against  women,  particularly  domestic  violence,  is  a  serious 
problem.  Women's  advocates  cite  the  lack  of  laws  on  domestic  violence,  double 
standards  of  morality,  and  a  traditional  societal  reluctance  to  discuss  private  family 
affairs  as  some  of  the  reasons  for  domestic  violence.  The  absence  of  divorce  under 
the  law  and  the  lack  of  job  opportunities  combine  to  limit  the  ability  of  both  poor 
and  wealthy  women  to  escape  destructive  relationships. 

Nonetheless,  women's  rights  advocates  describe  the  greater  willingness  of  women 
to  speak  out,  despite  a  sense  of  shame,  fear,  and  a  desire  to  preserve  "family  honor," 
as  a  positive  movement  toward  gender  eauality.  Working  in  conjunction  witn  NGO's, 
the  Government's  Bureau  of  Women's  Welfare  established  temporary  shelters  to 
protect  female  victims  from  further  harm  and  high  risk  situations.  Bureau  officials 
believe  that  these  programs,  along  with  changing  attitudes,  accounted  for  the  in- 
crease in  reports  of  batterings,  which  continued  to  ctow  rapidly  throughout  1996 
and  the  first  half  of  1997.  Both  the  Bureau  and  the  PNP  maintain  a  Women's  Help 
Desk  to  protect  women  and  encourage  the  reporting  of  crimes.  PNP  stations  include 
female  as  well  as  male  officers  who,  with  help  from  NGO's,  receive  gender  sensitiv- 
ity training  for  dealing  with  victims  of  sexual  crimes  and  domestic  violence. 

Rape  continues  to  be  a  major  problem.  The  number  of  rapes  reported  to  the  police 
rose  by  22  percent  in  the  first  half  of  the  year  to  1,466.  In  September  Congress  en- 
acted a  major  reform  of  legislation  on  rape,  classifying  it  as  a  crime  against  a  person 
punishable  under  the  Criminal  Code,  instead  of  as  a  crime  against  chastity  punish- 
able only  under  the  Civil  Code.  Women  no  longer  must  prove  that  they  are  either 
virgins  or  not  promiscuous  in  order  to  claim  legally  that  they  have  been  raped. 

As  with  battering,  government  officials  attributed  the  increase  in  reported  rape 
to  changing  attitudes.  In  a  widely  publicized  case,  an  11-year-old  girl  charged  a  con- 
gressman with  rape.  Intense  media  reporting  compelled  prosecution.  The  congress- 
man has  been  in  custody  since  January,  and  his  Manila  trial  continued  at  year's 
end. 

Women's  groups  believe  that  the  death  penalty,  which  was  restored  in  1993,  in- 
hibits victims,  particularly  young  victims  of  incestuous  rape,  from  pressing  charges. 
Convictions  for  rape  could  and  often  did  result  in  imposition  of  a  death  sentence. 

Many  women  suffer  exposure  to  violence  through  their  recruitment  (often  through 
deception)  into  prostitution.  Prostitution  remains  illegal,  but  widespread.  A  leading 
NGO  working  with  U.N.  Children's  Fund  (UNICEF)  estimated  that  300,000  women 
are  engaged  m  prostitution.  While  penalties  for  the  offense  are  light,  detained  pros- 
titutes are  subjected  to  administrative  indignities.  Women's  groups  called  for  legal 
action  against  local  officials  who  condone  a  climate  of  impunity  for  those  who  exploit 
prostitutes — both  the  "entertainment  club"  employers  and  their  clients.  They  were 
critical  of  highly  publicized  official  campaigns  to  close  clubs  and  brothels,  because 
such  tactics  failed  to  rescue  young  women  from  abuse.  In  April  President  Ramos  or- 
dered police  raids  on  clubs  and  brothels  following  press  reports  that  tour  agencies 
used  the  Internet  to  advertise  sex  tourism  in  Angeles  city  north  of  Manila.  However, 
a  few  days  after  the  raids,  the  ofTending  establisnments  were  back  in  business.  The 
Department  of  Tourism  hosted  a  world  tourism  meeting  in  Manila  in  May  and  lob- 
bied strenuously  for  a  declaration  on  the  social  impact  of  tourism,  including  a  con- 
demnation of  sex  tourism.  Hotel  and  travel  industry  leaders  pledged  to  cooperate 
with  the  Government  in  stopping  this  practice. 


886 

Many  women  seek  employment  overseas  and  are  particularly  vulnerable  to  exploi- 
tation by  unethical  recruiters  who  promise  attractive  jobs  or,  in  some  cases,  arrange 
marriages  with  foreign  men.  Some  end  up  working  as  prostitutes  or  suffering  abuse 
at  the  nands  of  their  foreign  employers  or  husbands.  Those  recruited  to  woric  as 
maids,  entertainers,  or  models  may,  while  overseas,  be  forced  to  participate  in  pub- 
lic shows  or  dances  where  nudity  and  the  prospect  of  sex  is  the  principal  attraction. 
Other  women  knowingly  accept  questionahle  jobs  to  support  parents,  children,  or 
siblings  with  their  remittances.  To  curb  such  abuses,  the  Government  campaigned 
to  end  Ulegal  recruiting  and,  by  raising  age,  educational,  and  professional  standards 
for  young  women  seeking  jobs  abroad,  tried  to  discourage  employment  migration. 
The  Migrant  Woriters  and  Overseas  Filipinos  Act  of  1995  sought  to  provide  the  Gov- 
ernment with  greater  financial  resources  and  improved  authority  to  combat  these 
problems.  NGO's  agreed  that  these  measures  were  not  adequate. 

Sexual  harassment  was  also  a  problem.  A  survey  by  the  Institute  of  Labor  Studies 
found  workplace  sexual  harassment  to  be  widespread  yet  underre ported,  due  to  vic- 
tims' reticence  and  fear  of  losing  their  jobs.  A  Catholic  Church  study  of  conditions 
for  female  workers  in  the  Special  Economic  Zone  indicated  that  sexual  harassment 
by  managers  was  common  there.  The  women  are  often  in  a  vulnerable  position. 
Most  are  economic  migrants  who  are  required  to  work  long  hours  and  have  no  inde- 
pendent workers  organization  that  could  help  them  file  complaints. 

In  law  but  not  in  practice,  women  have  most  of  the  rights  and  protections  ac- 
corded men.  The  Women  in  Development  and  Nation  Building  Act  of  1992  termi- 
nated previous  restrictions  on  women's  rights  to  buy  and  sell  property.  To  imple- 
ment the  act.  President  Ramos  directed  that  each  government  agency  designate  5 
gercent  of  its  annual  budget  for  programs  to  advance  opportunities  for  women.  The 
iommission  on  the  Role  of  Filipino  Women,  under  the  ofiice  of  the  President,  seeks 
to  coordinate  programs  for  women.  The  Commission  works  closely  with  many 
NGO's,  including  the  10-million-member  National  Council  of  Women  in  the  Phil- 
ippines. During  the  year,  the  Council  conducted  seminars  and  helped  launch  a  pro- 
gram for  establishing  crisis  centers  in  hospitals  for  women  who  are  victims  of  vio- 
lence. The  Department  of  Labor  and  Employment  upgraded  its  programs  in  support 
of  women,  having  formed  a  new  Bureau  of  Women  and  Young  Children  to  advocate 
major  programs.  In  September  a  U.N.  Development  Program  report  noted  that  the 
Government  had  raised  the  level  of  opportunities  for  women. 

However,  an  inadequate  government  budget  and  reluctant  implementation  of  the 
1992  reform  legislation  in  some  departments  limit  the  effectiveness  of  the  reforms. 
A  former  congresswoman  who  sponsored  the  1992  reform  legislation  complained 
that  government  agencies  failed  to  implement  the  act  and  the  President's  directive. 

Except  for  government  service  and  jobs  in  government-owned  or  controlled  cor- 
porations, women  faced  discrimination  in  employment.  On  average,  a  woman's  sal- 
ary was  about  47  percent  of  a  man's.  In  addition,  many  women  can  find  only  part- 
time  work.  Sixty  percent  of  the  work  force  is  not  fully  employed;  the  majority  of^this 
pool  of  17  million  part-time  workers  are  women. 

Church  opposition  to  divorce  in  this  overwhelmingly  Catholic  nation  is  strong. 
However,  changes  in  the  Legal  Code  have  made  marriage  annulment  fairly  easy, 
and  the  practice  has  become  more  frequent.  The  legal  cost,  however,  precludes  this 
option  for  many  women.  The  practice  of  "unofficial  divorce"  (permanent  separation) 
was  common  among  lower  income  families;  in  these  cases  the  wife  was  usually  lefl 
with  the  children,  and  the  husband  provided  little  or  no  financial  support. 

Children. — Several  government  agencies  have  programs  devoted  to  the  education, 
welfare,  and  development  of  children.  Nevertheless,  children  faced  serious  problems 
in  their  development.  Family  poverty  apparently  forces  many  school  dropouts.  About 
67  percent  of  children  completed  the  6th  grade.  Approximately  1.5  million  children 
age  7  to  12  are  not  in  school.  Public  primary  and  secondary  schools  are  free  of  tui- 
tion charges,  but  poor  families  are  unable  to  meet  the  numerous  peripheral  costs 
for  uniforms,  school  supplies,  shoes,  and  transportation. 

Widespread  poverty  forces  many  young  children  to  work.  The  Department  of 
Labor  and  Employment  worked  with  the  International  I^bor  Organization  (ILO) 
and  NGO's  to  address  problems  identified  in  a  landmark  1996  study  that  showed 
a  widespread  incidence  of  child  labor  (see  Section  6.d.).  According  to  UNICEF  and 
the  ILO  more  than  2  million  children  were  exposed  to  hazardous  working  environ- 
ments, including  in  quarries,  mines,  and  at  docksides.  Child  trafficking  by  illegal 
recruiters  often  Drought  children  from  poor  rural  areas  to  low-paying  jobs  in  cities. 
In  May  a  police  raid  rescued  20  children,  the  majority  age  14  and  younger,  who 
were  disembarking  from  a  Manila  ferry  with  their  recruiters  bringing  them  illegally 
from  the  southern  Visayas  region.  Typically  such  children  worked  as  domestic  help- 
ers or  employees  in  small  workshops. 


887 

The  Government's  Department  of  Social  Work  and  Development  reported  in  June 
that  there  were  over  50,000  street  children  in  Manila  and  over  100,000  nationwide. 
Reportedly  most  were  abandoned  with  no  family  support  and  engaged  in  scavenging 
or  begging.  According  to  another  study,  the  number  of  street  children  nationwide 
was  over  1  million;  S"  they  were  defined  as  children  who  worked  and  lived  in  the 
streets  and  returned  to  their  families  only  occasionally.  Street  begging  and  truancy 
were  common  in  large  cities.  The  insurgency  in  Mindanao  and  the  migration  of  the 
rural  poor  to  Manila  aggravated  the  capital's  street  children  problem. 

The  Intercountry  Adoption  Act  of  1995,  which  strengthened  safeguards  against 
the  sale  and  trafficking  of  children  abroad,  expanded  on  children's  rights  legislation 
enacted  in  1992  and  1993.  Children's  rights  advocates  criticized  the  Congress's  fail- 
ure to  pass  previously  introduced  legislation  that  would  have  created  children's  and 
family  courts  to  hanme  juvenile  and  domestic  relations  cases.  As  traditional  societal 
values  defined  children  as  extensions  and  property  of  the  parents,  ordinary  courts 
favored  parental  authority  over  the  rights  oi  a  child. 

Greater  public  awareness  eroded  traditional  reticence  to  report  abuses  against 
children.  The  CHR  reported  a  major  increase  in  complaints  and  court  cases.  Most 
offenders  were  citizens,  although  the  problem  of  foreign  pedophiles  also  received  sig- 
niiicant  attention  in  the  press.  The  Government  adopted  a  tough  policy  of  seeking 
prosecution  of  pedophiles,  including  those  who  had  returned  to  their  home  country 
after  a  sex  tourism  visit.  Two  foreigners  began  prison  terms  in  Manila  for  child-re- 
lated offenses.  Some  50  suspected  foreign  pedophiles  were  arrested  during  the  last 
3  years.  Four  foreigners  were  prosecuted,  convicted,  and  jailed  in  their  home  coun- 
tries for  child  sex  crimes  committed  in  the  Philippines  during  the  last  2  years. 

The  world  tourism  leaders  meeting  in  May  included  pedophilia  as  a  target  for  its 
efforts  against  sex  tourism.  However,  despite  government  efforts  at  law  eniorcement 
and  expanded  children's  programs,  there  are  an  estimated  60,000  children  involved 
in  the  commercial  sex  industry  according  to  UNICEF.  This  marks  an  increase  over 
the  estimated  20,000  involved  in  prostitution  reported  in  a  1987  UNICEF  study. 
"The  same  studies  showed  that  the  children  in  the  "entertainment  industry"  worked 
long  hours, 

starting  in  the  evening  until  early  morning.  They  came  from  families  with  unem- 
ployed or  irregularly  employed  parents. 

People  With  Disabilities. — A  1983  law  provides  for  equal  physical  access  for  the 
disabled  to  all  public  buildings  and  establishments,  and  a  law  passed  in  1992  pro- 
vides for  "the  rehabilitation,  self-development,  and  self-reliance  of  disabled  persons 
and  their  integration  into  the  mainstream  of  society."  Advocates  for  the  rights  of  the 
disabled  contend  that  these  laws  have  been  ineffective,  as  implementing  regulations 
have  not  been  published,  and  that  government  programs  are  palliative  rather  than 
focused  on  reintegration.  Senator  Orlando  Mercado,  who  authored  legislation  for  the 
disabled,  estimated  in  September  that  only  about  2  percent  of  an  estimated  3.5  mil- 
lion disabled  citizens  had  access  to  government  services. 

Indigenous  People. — Indigenous  people  live  throughout  the  Philippines  but  pri- 
marily in  the  mountainous  areas  of  northern  and  central  Luzon  and  Mindanao. 
They  account  for  about  18  percent  of  the  population.  Although  no  specific  laws  dis- 
criminate against  indigenous  people,  the  remoteness  of  the  areas  that  many  inhabit 
and  cultural  bias  prevent  their  full  integration  into  society.  Their  ability  to  partici- 
pate meaningfully  in  decisions  affecting  their  lands,  cultures,  traditions,  and  the  al- 
location of  natural  resources  is  minimal.  Because  they  inhabit  mountainous  areas 
also  favored  by  guerrillas,  indigenous  people  suffer  disproportionately  from 
counterinsurgency  operations.  Indigenous  children  suffer  from  lack  of  basic  services, 
health,  and  education. 

In  October  President  Ramos  signed  the  Indigenous  Peoples'  Rights  Act  which  is 
intended  to  implement  constitutional  provisions  to  protect  indigenous  people.  The 
law  establishes  a  National  Commission  of  Indigenous  People  staffed  by  tribal  mem- 
bers empowered  to  award  certificates  of  title  to  lands  claimed  by  the  over  12  million 
native  people  in  the  Philippines.  It  awards  "ancestral  domain  lands"  on  the  basis 
of  communal  rather  than  individual  ownership,  impeding  unilateral  sale  of  lands  by 
tribal  leaders.  The  law  also  requires  a  process  of  "informed"  consultation  and  writ- 
ten consent  by  the  indigenous  group  to  allow  mining  on  tribal  lands.  The  law  also 
assigns  the  indigenous  groups  a  responsibility  to  preserve  forest,  watershed,  and 
biodiversity  areas  in  their  domains  from  inappropriate  development. 

Other  measures  affected  indigenous  communities  in  adverse  ways.  For  example, 
development  planning  infringed  on  indigenous  people's  lands  and  rights.  The  Mining 
Act  of  1995  continued  a  legislative  trend  promoting  mining  operations,  hydroelectric 
dams,  and  other  large-scale  projects  that  force  indigenous  communities  to  relocate 
and  abandon  farming  and  hunting  lands  used  for  generations. 


888 

In  December  President  Ramos  signed  into  law  the  Cordillera  Autonomy  Act, 
which  is  intended  to  strengthen  protection  for  the  indigenous  people  of  the  northern 
Luzon  mountain  regions. 

There  were  numerous  cases  in  which  indigenous  people  faced  legal  threats  to 
their  claims  to  ancestral  lands  from  developers,  mining  interests,  and  local  political 
interests.  The  Higaonon  people  in  Mindanao  lost  portions  of  their  land  to  the  inter- 
ests of  a  powerful  local  landowning  family,  which  enforced  their  removal  through 
a  violent  demolition  conducted  by  tne  PNP  and  private  security  forces  (see  Section 
l.a.).  Lumad  people  in  Mindanao  faced  repeated  legal  battles  with  government  au- 
thorities and  repeated  visits  by  mining  company  surveyors  and  local  "mediators"  as 
they  sought  to  preserve  their  ancestral  lands  against  mining  concessions.  In 
Pampanga  province,  several  indigenous  groups  resisted  the  efforts  of  real  estate  de- 
velopers to  convert  their  land  into  a  golf  resort  complex.  In  Pampanga  and  Zambales 
provinces,  the  Aetas,  a  nomadic  people,  found  their  traditional  lands  cut  off  by  min- 
ing operations.  In  the  same  region,  another  Aeta  group  faced  a  dispute  over  their 
access  to  ancestral  lands. 

Religious  Minorities. — About  5  million  Muslims,  who  constitute  7  percent  of  the 
population,  reside  principally  in  Mindanao  and  nearby  islands  and  are  the  largest 
single  minority  group  in  the  country.  Historically  they  have  been  alienated  from  the 
dominant  Christian  majority,  and  government  efforts  to  integrate  Muslims  into  the 
political  and  economic  mainstream  met  with  only  limited  success.  The  national  cul- 
ture, with  its  emphasis  on  familial,  tribal,  and  regional  loyalties,  creates  informal 
barriers  whereby  access  to  jobs  or  resources  is  provided  first  to  those  of  one's  own 
family  or  group.  Many  Muslims  claim  that  they  continue  to  be  underrepresented  in 
senior  civilian  and  militar>'  positions. 

There  was  progress  in  improving  Christian-Muslim  relations  following  a  Septem- 
ber 1996  government  agreement  with  the  MNLF.  In  accordance  with  the  agreement, 
a  Southern  Philippines  Council  on  Peace  and  Development  (SPCPD)  was  established 
to  coordinate  economic  growth  in  14  provinces  in  Mindanao  and  MNLF  Chairman 
Nur  Misuari  became  its  chair.  Shortly  thereafter  Misuari  was  also  elected  Governor 
of  the  Autonomous  Region  of  Muslim  Mindanao,  which  was  established  in  1990  to 
meet  the  demand  of  Muslims  for  local  autonomy  in  areas  where  they  are  a  majority 
or  a  substantial  minority.  The  accord  also  provided  for  integrating  MNLF  fighters 
into  the  armed  forces  and  police.  The  Government  promised  to  permit  a  1999  plebi- 
scite to  form  the  basis  for  greater  autonomy  for  an  islamic  region. 

This  initiative  eased  suspicions  between  Christians  and  Muslims,  setting  the 
stage  for  cooperation  and  economic  growth.  However,  as  the  anniversary  of  the 
agreement  neared  in  September,  Nur  Misuari  complained  tha*^  government  economic 
support  for  the  region  was  inadequate  and  that  new  jobs  and  investment  remained 
below  the  targets  set.  Despite  the  Government's  promise  to  release  $1.2  billion  in 
funds  for  development,  Misuari  said  that  he  had  received  money  to  pay  only  for  of- 
fice operations  and  the  salaries  of  his  governmental  employees.  The  agreement 
brought  little  regional  stability,  as  the  Muslim  provinces  experienced  fighting  in 
June  between  government  and  insurgent  MILF  forces,  in  which  about  150  persons 
were  killed. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  laws  provide  for  the  right  of 
workers,  including  public  employees,  to  form  and  join  trade  unions.  Although  this 
right  is  exercised  in  practice,  aspects  of  the  public  sector  organization  law  restrict 
and  discourage  organizing.  Trade  unions  are  independent  of  the  Government  and 
generally  free  of  political  party  control.  Unions  have  the  right  to  form  or  join  federa- 
tions or  other  labor  groups.  Unions  claim  to  have  organized  some  12  percent  of  the 
total  work  force  of  29.1  million.  Under  the  Constitution,  there  are  five  representa- 
tives of  the  labor  movement  appointed  by  the  President  as  "sectoral"  members  of 
Congress. 

Subject  to  certain  procedural  restrictions,  strikes  in  the  private  sector  are  legal. 
However,  a  1989  law  stipulates  that  all  means  of  reconciliation  must  be  exhausted 
and  that  the  strike  issue  must  be  relevant  to  the  labor  contract  or  the  law.  The 
Labor  Secretary  intervened  in  11  labor  disputes  in  the  first  11  months  of  the  year, 
exercising  his  authority  to  assume  jurisdiction"  and  mandate  a  settlement.  He  can 
exercise  tnis  authority  on  the  condition  that  he  views  the  industry  involved  in  the 
strike  as  "vital  to  national  security."  The  Labor  Secretary  interprets  this  power 
broadly. 

In  February  1995,  the  ILO  Committee  of  Experts  noted  that  certain  amendments 
have  been  proposed  to  legislation  that  the  Committee  had  previously  criticized  for 
placing  unoue  restrictions  on  the  right  to  strike  in  nonessential  services.  The  Com- 
mittee remains  concerned  by  the  imposition  of  penalties  in  cases  where  strikes  have 


889 

been  deemed  illegal,  by  restrictions  on  the  right  of  government  workers  to  strike, 
by  some  restrictions  on  the  right  to  organize  and  form  a  bargaining  unit  that  are 
in  conflict  with  ILO  Convention  87  on  freedom  of  association,  and  by  limitations  on 
the  right  to  elect  workers'  representatives  freely. 

In  1996  the  ILO's  Committee  on  Freedom  of  Association  issued  a  finding  that  sub- 
stantiated Trade  Union  Congress  of  the  Philippines  (TUCP)  and  International  Con- 
federation of  Free  Trade  Union  (ICFTU)  charges  of  worker  rights  violations  at  the 
Danao  (Cebu  province)  plant  of  Japanese  manufacturer  Mitsumi.  The  case,  which 
began  with  a  February  1994  petition  by  local  union  officials  to  the  Department  of 
Labor  and  Employment  (DOLE)  to  hola  a  certification  election,  included  the  arrest 
of  top  union  ofiicials  on  spurious  criminal  narcotics  charges,  the  repeated  setting 
and  postponing  of  elections,  and  management  efibrts  to  prevent  workers  from  par- 
ticipating, or  voting  freely,  in  such  elections.  The  DOLE  arranged  for  a  new  election 
to  be  conducted,  altliough  there  has  been  no  agreement  on  a  date. 

According  to  the  Center  for  Trade  Union  and  Human  Rights  (CTUHR),  which 
publicizes  allegations  of  worker  rights  violations,  attacks  on  striking  workers.  How- 
ever, union  leaders  claimed  that  in  certain  lengthy  strike  situations  their  members 
faced  intimidation  tactics  by  management.  The  DOLE's  efforts  at  conciliation  and 
mediation  largely  averted  instances  of  violence  by  either  side.  Strikers  at  a  foreign 
owned  electronics  plant  occupied  the  offices  of  DOLE  officials,  including  the  Sec- 
retary, in  January  in  protest  over  the  lack  of  progress  in  implementing  an  agree- 
ment earlier  mandated  by  the  DOLE.  However,  the  strikers  left  without  incident 
after  making  their  case  to  DOLE  officials. 

Unions  have  the  right  to  affiliate  with  international  trade  union  confederations 
and  trade  secretariats.  Two  of  the  largest  trade  union  centrals,  the  TUCP  and  the 
FFW,  are  afliHated  with  the  ICFTU  and  the  World  Confederation  of  Labor  respec- 
tively. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  provides  for 
the  ri^ht  to  organize  and  bargain  collectively.  The  Labor  Code  provides  for  this  right 
for  private  sector  employees  and  for  employees  of  government-owned  or  controlled 
corporations,  but  the  law  limits  the  rights  of  government  workers.  Fewer  than 
500,000  workers  are  covered  by  collective  bargaining  agreements.  Despite  union  op- 
position, the  DOLE  secretary  issued  a  change  in  rules  on  "labor  only"  subcontract- 
mg,  which  effectively  broadens  the  definition  of  industries  that  may  legally  use  part- 
time,  rotating  staff.  Unions  have  argued  that  this  practice  allows  unscrupulous  em- 
ployers to  use  subcontractors  to  evade  obligations  to  their  employees  and  to  break 
unions. 

Some  employers  intimidated  workers  trying  to  form  a  union  with  threats  of  firing, 
factory  closure  or,  as  happened  at  Mitsumi,  the  filing  of  criminal  charges  against 
labor  leaders.  Allegations  of  intimidation  and  discrimination  in  connection  with 
union  activities  are  grounds  for  review  as  possible  unfair  labor  practices  before  the 
National  Labor  Relations  Commission  (NLRC).  Before  disputes  reach  the  time  con- 
suming, quasi-judicial  NLRC,  the  DOLE  provides  the  services  of  the  National  Con- 
ciliation and  Mediation  Board  (NCMB).  The  NCMB  settles  most  of  the  unfair  labor 
practice  disputes  raised  as  grounds  for  strikes  before  such  strikes  can  be  declared. 

The  number  of  strikes  in  the  first  11  months  remained  at  roughly  the  same  level 
as  in  1996,  with  91  cases  reported.  However,  the  workdays  lost  to  strikes  and  the 
number  of  workers  involved  increased.  Workdays  lost  were  658,000  compared  with 
490,000  in  1996.  Workers  involved  in  industrial  disputes  increased  to  50,783  in  the 
first  half  of  the  year,  from  31,411  in  the  same  period  in  1996. 

Labor  law  is  uniform  throughout  the  country,  including  the  industrial  zones 
where  tax  benefits  encourage  the  growth  of  export  industries.  However,  local  politi- 
cal leaders  and  officials  governing  these  special  economic  zones  (SEZ's)  tried  to  re- 
strict union  organizing  by  maintaining  "union  free/strike  free"  policies.  Hiring  is 
often  tightly  controlled  through  "SEZ  Labor  Centers"  where  political  ties  to  local  fig- 
ures often  played  a  role  in  gaining  job  eligibility.  In  spite  of  sporadic  labor  unrest 
and  some  organizing  efforts,  union  successes  in  the  SEZ's  have  been  few  and  mar- 
ginal. Some  mainstream  unions  avoid  a  major  unionizing  effort  in  the  lower  wage 
SEZ  industries,  such  as  the  garment  industry,  as  unpromising  in  lirfit  of  both  the 
organizers'  restricted  access  to  many  zones  and  the  rapid  turnover  of  the  young,  fe- 
male staff  working  on  short-term  contracts. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  labor,  including  forced  and 
bonded  labor  by  children  is  prohibited,  and  the  Government  efToctively  enforces  this 
prohibition. 

The  Labor  Department  has  assisted  in  arrests  of  illegal  recruiters  bringing  girls 
(age  13  to  17)  to  worit  in  Manila  as  domestic  helpers  under  terms  that  involved  a 
'loan"  advanced  to  their  parents  which  the  children  are  obliged  to  pay  through  their 


890 

work.  The  Labor  Department  has  also  helped  prosecute  the  case  against  an  informal 
sector  manufacturer  of  bleach  who  is  alleged  to  have  used  forced  child  labor. 

The  Government's  efforts  to  protect  workers  from  abuse  also  extend  to  the  large 
number  of  citizens  who  work  overseas.  By  raising  the  issue  in  bilateral  contacts  and 
international  forums,  it  attempts  to  secure  firmer  protections  of  basic  rights  for 
guest  workers  and  otherwise  provides  assistance  through  its  diplomatic  missions. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  forced  and  bonded  labor  by  children,  and  is  fully  enforced,  although  some 
problems  remain  (see  Section  6.c.). 

The  law  prohibits  the  employment  of  children  below  age  15,  except  under  the  di- 
rect and  sole  responsibility  of  parents  or  guardians  or  where  employment  as  actors 
in  cinema,  theater,  radio,  or  television  is  essential  to  the  integrity  oi  the  production. 
The  Labor  Code  allows  employment  for  those  between  the  ages  oi  15  and  18  for  such 
hours  and  periods  of  the  day  as  are  determined  by  the  Secretary  of  Labor  but  for- 
bids employment  of  persons  under  18  years  of  age  in  hazardous  or  dangerous  work. 
However,  a  significant  number  of  children  work  in  the  informal  sector  of  the  urban 
economy  or  as  unpaid  family  workers  in  rural  areas.  In  the  formal  manufacturing 
sector,  child  labor  violations  are  few.  Both  Labor  Department  officials  and  NGO's 
are  concerned  that  the  legal  process  has  not  yet  resulted  in  a  court  conviction  of 
an  employer  found  using  child  labor.  Children  are  also  abused  in  the  sex  tourism 
business.  Some  children  continued  to  be  employed  as  agricultural  workers  on  ba- 
nana and  sugar  plantations.  Children  also  reportedly  are  employed  on  the  docks  of 
some  regional  ports  and  in  a  dangerous  form  of  coral  reef  fishing,  which  exposes 
them  to  shark  and  needlefish  attacks  and  increases  their  vulneraDility  to  disease. 

In  addition  to  projects  undertaken  with  the  UNICEF  and  the  ILO's  International 
Program  on  the  Elimination  of  Child  Labor,  the  DOLE  investigated  and  attempted 
to  reduce  violations  of  child  labor  laws  outside  the  agricultural  sector  through  pub- 
licized raids  on  reported  violators.  The  DOLE's  raids  were  coordinated  with  police 
and,  at  times,  with  personnel  from  concerned  NGO's,  especially  the  Kamalayan  De- 
velopment Foundation.  Heightened  public  awareness  led  to  greater  cooperation  by 
local  authorities,  increased  involvement  by  government  agencies,  and  prosecution  of 
violators.  None  of  these  prosecutions  led  to  a  conviction  and  sentencing  in  either 
1996  or  1997. 

e.  Acceptable  Conditions  of  Work. — Tripartite  regional  wage  boards  set  minimum 
wages.  The  most  recent  round  of  wage  increases  occurred  in  late  1996  and  early 
1997,  with  the  hidiest  rates  set  in  the  national  capital  region  (NCR)  and  the  lowest 
in  rural  regions.  The  minimum  wage  for  NCR  nonagri cultural  workers  was  raised 
in  stages,  culminating  on  May  1  with  a  level  then  worth  approximately  $6.10  (185 
pesos)  per  day.  This  wage  represents  a  12  percent  nominal  increase  over  the  pre- 
vious minimum  for  the  region.  With  this  pay  level,  at  least  two  family  members 
would  have  to  work  full-time  to  support  a  family  of  six  above  the  (Jovemment's 
"poverty  threshold." 

Regional  wage  board  orders  cover  all  private  sector  workers  except  domestic  help- 
ers and  those  employed  in  the  personal  service  of  another.  Boards  outside  the  NCR 
exempted  some  employers  because  of  factors  such  as  establishment  size,  industry 
sector,  involvement  with  exports,  financial  distress,  and  level  of  capitalization. 
These  exemptions  excluded  substantial  additional  numbers  of  workers  from  cov- 
erage under  the  law. 

Violation  of  minimum  wage  standards  was  common.  Many  firms  hired  employees 
at  apprentice  rates  below  the  minimum  wage,  although  no  approved  training  was 
entailed  in  their  production  line  work.  A  study  of  the  largest  export  zone  showed 
that  many  workers  received  less  than  the  minimum  wage.  In  the  Manila  area, 
DOLE  inspections  found  239  firms  that  violated  minimum  wage  levels  in  the  first 

?|uarter  of  the  year.  In  southern  Mindanao,  DOLE  surveys  disclosed  450  offending 
irms  in  the  same  period.  Forty  percent  of  the  15,000  establishments  inspected 
failed  to  remit  social  security  premiums.  Given  the  difficulty  of  prosecuting  cases 
through  the  courts,  the  DOLE  relies  on  administrative  procedures  and  moral  sua- 
sion to  encourage  voluntary  employer  correction  of  violations. 

The  standard  legal  workweek  is  48  hours  for  most  categories  of  industrial  workers 
and  40  hours  for  government  workers,  with  an  8  hour  per  day  limit.  An  overtime 
rate  of  125  percent  of  the  hourly  rate  is  mandated  on  ordinary  days  and  130  percent 
on  rest  days  and  holidays.  The  law  mandates  a  full  day  of  rest  weekly.  Enforcement 
of  workweek  hours  is  managed  through  periodic  inspections  by  the  DOLE. 

A  comprehensive  set  of  occupational  safety  and  health  standards  exists  in  law.  Al- 
though policy  formulation  ana  review  of  these  standards  is  the  responsibility  of  the 
DOLE,  actual  enforcement  is  carried  out  by  an  inspectorate  corps  of  some  260  labor 
and  employment  officers  from  14  regional  offices.  Statistics  on  actual  work-related 
accidents  and  illnesses  are  incomplete,  as  incidents  (especially  in  regard  to  agri- 


891 

culture)  are  underreported.  Workers  do  not  have  a  legally  protected  right  to  remove 
themselves  from  dangerous  work  situations  without  jeopardy  to  continued  employ- 
ment. 


SAMOA 

Samoa,  a  small  Pacific  island  country  with  a  population  of  approximately  162,000, 
is  a  parliamentary  democracy  but  with  certain  concessions  to  Samoan  cultural  prac- 
tices. The  Constitution  provides  for  a  Samoan  head  of  state,  a  unicameral  legisla- 
ture composed  of  "matai  (family  heads)  elected  by  universal  suffrage,  an  independ- 
ent judiciary,  protection  of  Samoan  land  and  traditional  titles,  and  guarantees  of 
fundamental  ri^ts  and  freedoms.  Executive  authority  is  vested  in  the  Head  of 
State,  with  the  Government  administered  bv  the  Cabinet,  consisting  of  the  Prime 
Minister  and  12  ministers  chosen  by  him.  All  laws  passed  by  the  Legislative  Assem- 
bly need  the  approval  of  the  Head  of  State,  Malietoa  Tanumafili  H,  who  holds  the 
position  for  life.  His  successors  will  be  elected  by  the  Legislative  Assembly  for  5- 
year  terms. 

The  country  does  not  have  a  defense  force.  The  small  national  police  force  is  firm- 
ly under  the  control  of  the  Grovemment  but  has  little  impact  beyond  Apia,  the  cap- 
ital city.  Enforcement  of  rules  and  security  within  individual  villages  is  vested  in 
the  "fono"  (Council  of  Matai),  which  settles  most  internal  disputes.  Judgments  by 
the  fono  usually  involve  fines  or,  more  rarely,  banishment  from  the  village. 

Samoa  is  a  poor  country  with  a  market-based  economy  in  which  over  60  percent 
of  the  work  force  is  employed  in  the  agricultural  sector.  Coconut  products  and  kava 
are  the  principal  exports.  The  small  industrial  sector  is  dominated  by  a  Japanese 
factory  which  assembles  automotive  electrical  parts  for  export.  The  Government  has 
initiated  a  major  push  for  tourism.  Per  capita  gross  domestic  product  is  $1,100  per 
year.  The  country  is  heavily  dependent  on  foreign  aid  and  on  remittances  sent  to 
family  members  by  the  more  than  100,000  Samoans  living  overseas,  mostly  in  Aus- 
tralia, New  Zealand,  and  the  United  States. 

The  Government  generally  respected  the  human  rights  of  its  citizens.  FVincipal 
human  ri^ts  abuses  arise  out  of  political  discrimination  against  women  and 
nonmatai,  and  violence  against  women  and  children.  Societal  pressures  and  cus- 
tomary law  may  interfere  with  the  ability  to  conduct  fair  trials.  Those  who  do  not 
conform  to  accepted  societal  values  may  face  pressure,  threats,  and  violence.  There 
are  some  restrictions  on  freedoms  of  speech,  press,  and  religion. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  such  practices,  and  there  were  no  reports  that  officials  practiced 
them.  However,  villages  are  controlled  by  customary  law,  and  the  fono  may  mete 
out  banishment  when  deemed  necessary.  This  is  one  of  the  harshest  forms  of  pun- 
ishment in  this  collective  society. 

Although  jail  conditions  are  fairly  basic  so  far  as  food  and  sanitation  are  con- 
cerned, there  have  been  no  reports  of  abuses  in  prisons.  While  there  are  human 
rights  groups,  the  question  of  monitoring  of  prison  conditions  by  them  has  not  aris- 
en. Prison  visits  by  family  members  and  church  representatives  are  permitted. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest,  deten- 
tion, or  exile,  and  the  (jovemment  observes  this  prohibition. 

e.  Denial  of  Fair  Public  Trial. — The  law  assures  the  right  to  a  fair  public  trial, 
and  this  is  honored  by  the  official  court  system.  However,  many  civil  and  criminal 
matters  are  not  handled  by  courts  but  by  village  fono,  which  differ  considerably  both 
in  their  decisionmaking  style  and  in  the  number  of  matai  involved  in  the  decisions. 
The  Village  Fono  Act  of  1990  gives  legal  recognition  to  the  decisions  of  the  fono  and 

grovides  for  limited  recourse  of  appeal  to  the  Lands  and  Titles  Courts  and  to  the 
upreme  Court.  In  a  1993  court  case,  a  village  fono  ordered  the  property  of  a  vil- 
lager to  be  burned  after  he  had  disobeyed  and  flouted  village  rules.  An  angry  mob 
killed  the  villager  and  burned  all  his  belongings.  The  villager  who  actually  shot  the 
victim  was  tried  in  1994  and  sentenced  to  death  by  the  Supreme  Court.  The  six 
matai  members  of  the  fono,  although  originally  charged  by  the  Supreme  Court  with 
inciting  murder,  were  subsequently  charged  only  with  willful  damage  and  received 


892 

a  minimal  fine  and  no  jail  sentence.  The  Attorney  General  lodged  an  appeal  in  1994 
on  the  grounds  that  the  sentence  was  "inadeauate  and  inappropriate, '  but  the  ap- 
peal was  not  heard.  Similarly,  a  civil  case  by  tne  spouse  of  the  deceased  against  the 
matai  involved  was  dropped.  In  both  the  criminal  appeal  and  the  civil  suit,  tradi- 
tional reconciliation  measures  were  used  by  the  parties  to  settle  the  matter. 

In  March  1997,  in  another  village  on  Savai'i,  the  village  fono  threatened  to  bum 
at  the  stake  a*  villager  who  refused  to  accept  a  banishment  order  issued  as  a  result 
of  a  disagreement  over  land  being  donated  for  a  church.  Intervention  by  police  and 
religious  authorities  prevented  the  threatened  burning  from  being  camea  out.  The 
man  subsequently  left  the  village  for  a  time  but  was  eventually  allowed  to  return. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
provides  for  protection  from  invasion  of  the  home  or  seizure  of  property  without  sub- 
stantive and  procedural  safeguards,  including  search  warrants,  which  are  issued  by 
the  judicial  branch.  Practically,  however,  there  is  little  or  no  privacy  in  the  village. 
While  village  officials  by  law  must  have  permission  to  enter  homes,  there  can  oe 
substantial  social  pressure  to  grant  such  permission. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  generally  respects  these  rights  in  practice. 
However,  the  Government's  ban  on  press  coverage  of  the  leader  of  the  opposition 
on  state-run  radio  and  television  stations  generated  controversy  in  1997.  In  practice, 
however,  the  Government's  ban  is  largely  symbolic.  Statements  by  the  leader  of  the 
opposition  receive  prominent  coverage  in  the  private  news  media. 

The  Newspapers  and  Printers  Act  and  the  Defamation  Act  require  journalists  to 
reveal  their  sources  in  the  event  of  a  defamation  suit  against  them.  There  has  been 
no  court  case  requiring  that  these  acts  be  invoked. 

Two  English-language  newspapers  and  numerous  Samoan-language  newspapers 
are  printed  regularly  in  the  country.  The  Government  operates  a  radio  station  and 
the  country's  sole  television  station.  There  are  two  private  radio  stations.  Television 
from  American  Samoa  is  readily  available. 

The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  along 
with  freedom  of  thought  and  conscience.  Nearly  100  percent  of  the  population  is 
Christian.  While  the  Constitution  grants  each  person  the  right  to  change  religion 
or  belief  and  to  worship  or  teach  religion  alone  or  with  others,  in  practice  the  matai 
often  choose  the  religious  denomination  of  the  alga  (extended  family).  There  is 
strong  societal  pressure  to  support  church  leaders  and  projects  financially.  Such  con- 
tributions often  total  more  than  30  percent  of  personal  income. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  of  internal  movement,  but  in 
practice  some  citizens  have  been  banished  either  from  village  activities  or  com- 
pletely from  the  village.  The  Government  actively  supports  emigration  as  a  "safety 
valve"  for  pressures  of  a  growing  population,  especially  for  potentially  rebellious 
youths,  and  because  it  generates  foreign  income  through  remittances.  The  Govern- 
ment does  not  restrict  foreign  travel  arbitrarily  or  the  right  of  citizens  to  return 
from  abroad. 

Samoa  has  not  had  any  refugees  or  asylum  seekers,  and  it  is  not  a  party  to  any 
international  protocol  on  them.  However,  the  authorities  have  indicated  that  they 
would  conform  to  international  norms  if  such  cases  should  arise. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government  through  direct,  multiparty 
elections,  but  women's  political  rights  are  restricted  by  the  fact  that  few  of  them 
are  matai.  While  all  citizens  above  the  age  of  21  may  vote,  the  right  to  run  for  47 
of  the  49  seats  in  the  Legislative  Assembly  remains  the  prerogative  of  the  approxi- 
mately 25,000  matai,  95  percent  of  whom  are  men.  The  remaining  two  seats  are  re- 
served for  citizens  not  oi  Samoan  heritage.  While  all  adult  Samoans  may  vote  for 
the  Legislative  Assembly,  matai  continue  to  control  local  government  through  the 
village  fono  which  are  open  to  them  alone. 

The  political  process  is  more  a  function  of  personal  leadership  characteristics  than 
of  party.  In  the  April  general  elections,  the  Human  Rights  Protection  Party  (HRPP) 
led  by  Prime  Minister  Tofilau  Eti  Alesana,  retained  the  majority  of  seats  in  the  Leg- 
islative Assembly.  Tofilau  and  the  HRPP  have  dominated  the  political  process,  win- 


893 

ning  five  consecutive  elections  since  1982.  Although  candidates  are  free  to  propose 
themselves  for  electoral  office,  in  practice,  they  require  the  blessing  of  the  village 
high  chiefs.  Tliose  who  ran  in  the  1996  elections  in  spite  of  fono  objections  faced 
ostracism  and  even  banishment  from  their  village.  Following  the  elections  there 
were  multiple  charges  of  fraud  and  bribery.  Four  elections  were  subsequently  over- 
turned by  tne  Supreme  Court,  and  by-elections  were  held. 

Women  occasionally  reach  high  public  office.  The  12-member  Cabinet  has  1  female 
member,  and  women  hold  3  of  the  49  seats  in  Parliament.  The  first  female  judge 
was  named  in  1994,  and  the  first  female  Attorney  General  was  appointed  in  1997. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  operated  without  government  restriction.  Gov- 
ernment officials  are  usually  cooperative. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  sex,  religion,  disability, 
language,  or  social  status.  This  is  a  homogeneous  society  with  no  significant  ethnic 
minorities.  Politics  and  culture  are  the  product  of  a  heritage  of  chieny  privilege  and 
power,  and  members  of  certain  families  have  some  advantages.  While  there  is  dis- 
crimination against  nonmatai  and  women,  women  (and  particularly  female  matai) 
play  an  important  role  in  society  and  may  occasionally  reach  high  office. 

Women. — The  traditional  subordinate  role  of  women  is  changing,  albeit  slowly,  es- 
pecially in  the  more  conservative  parts  of  society.  While  abuse  oi  women  is  prohib- 
ited by  law,  social  custom  tolerates  physical  abuse  of  women  within  the  home.  The 
role  and  rights  of  the  village  fono  and  tradition  would  prevent  police  from  interfer- 
ing in  instances  of  domestic  violence,  barring  a  complaint  from  the  victim — which 
viflage  custom  strongly  discourages.  While  police  do  receive  some  complaints  from 
abused  women,  domestic  violence  offenders  are  typically  punished  by  village  coun- 
cils, but  only  if  the  abuse  is  considered  extreme.  ('  Extreme  abuse"  would  be  visible 
signs  of  physical  abuse.)  The  village  religious  leader  may  also  intervene  in  domestic 
disputes. 

Many  cases  of  rape  may  still  go  unreported  because  tradition  and  custom  discour- 
age such  reporting.  In  spite  of  this,  the  authorities  note  a  greater  number  of  re- 
fjorted  cases  of  rape,  as  women  are  slowly  becoming  more  forthcoming  with  the  po- 
ice.  Rape  cases  that  do  reach  the  courts  are  treated  seriously.  Convicted  offenders 
are  often  given  relatively  stiff  sentences  of  several  years'  imprisonment. 

The  Ministry  of  Women's  Affairs  oversees  and  helps  ensure  the  rights  of  women. 

Children. — The  Government  has  made  a  strong  commitment  to  the  welfare  of  chil- 
dren through  the  implementation  of  various  youth  programs  by  the  Ministry  of  Edu- 
cation and  the  Ministry  of  Health.  Law  and  tradition  prohibit  severe  abuse  of  chil- 
dren, but  tradition  tolerates  corporal  punishment.  The  police  noted  an  increase  in 
reported  cases  of  child  abuse,  attributed  to  Samoans  becoming  more  aware  of  the 
need  to  report  physical,  emotional,  and  sexual  abuse  of  children. 

People  With  Disabilities. — ^The  Government  has  passed  no  legislation  pertaining  to 
the  status  of  handicapped  or  disabled  persons  or  regarding  accessibility  for  the  dis- 
abled. Samoan  tradition  dictates  that  handicappea  persons  be  cared  for  by  their 
family,  and  this  custom  is  widely  observed  in  practice. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  have  legally  unrestricted  rights  to  establish 
and  join  organizations  of  their  own  choosing.  To  date,  two  trade  unions  have  been 
organized.  The  Samoa  National  Union,  organized  in  1994,  is  a  six-member  associa- 
tion which  includes  workers  from  the  three  major  banks.  A  second  union  represents 
members  at  the  sole  factory  in  the  country.  Botn  unions  are  independent  of  the  Gov- 
ernment and  political  parties.  There  are  no  laws  specific  to  union  activity.  The  Com- 
missioner of  Labor  would  adjudicate  any  cases  of  retribution  against  strikers  or 
union  leaders  on  a  case-by-case  basis. 

The  Public  Service  Association,  representing  government  workers,  an  increasingly 
important  sector  of  the  work  force,  also  functions  as  a  union.  The  Supreme  Court 
has  upheld  the  right  of  government  workers  to  strike,  subject  to  certain  restrictions 
imposed  principally  for  reasons  of  public  safety.  Workers  in  the  private  sector  have 
the  right  to  strike,  but  in  1997  there  were  no  strikes.  The  Public  Service  Association 
freely  maintains  relations  with  international  bodies  and  participates  in  bilateral  ex- 
changes. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — While  workers  have  the  legal 
right  to  engage  in  collective  bargaining,  they  have  seldom  practiced  it,  due  to  the 
newness  of  union  activity  and  the  inexperience  of  union  leaders.  However,  the  Pub- 


894 

lie  Service  Association  engages  in  collective  bargaining  on  behalf  of  government 
workers,  including  bargaining  on  wages.  Minimum  wages  are  set  by  an  advisory 
commission  to  the  Minister  of  Labor.  Wages  in  the  private  sector  are  determined 
by  competitive  demand  for  the  required  skills.  Any  antiunion  discrimination  case 
would  be  reported  to  and  adjudicated  by  the  Commissioner  of  Labor.  Arbitration  and 
mediation  procedures  are  in  place  to  resolve  labor  disputes,  although  these  rarely 
arise. 

Labor  law  and  practice  in  the  one  export  processing  zone  are  the  same  as  in  the 
rest  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^While  the  Government  does  not 
demand  compulsory  labor,  and  it  is  prohibited  by  law,  in  this  collective  society  peo- 
ple, including  minors,  are  frequently  called  upon  to  work  for  their  vUlages.  Most 
people  do  so  willingly,  but  if  not,  the  matai  can  compel  them  to  do  so. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Under  the 
Labor  and  Employment  Act  (LEA)  of  1972  as  amended,  it  is  illegal  to  employ  chil- 
dren under  15  years  of  age  except  in  "safe  and  light  work."  The  Commissioner  of 
Labor  refers  complaints  about  illegal  child  labor  to  the  Attorney  General  for  enforce- 
ment. Children  are  frequently  seen  hawking  goods  and  foodstuffs  on  Apia  street  cor- 
ners. Although  a  violation  of  the  LEA,  local  officials  mostly  tolerate  and  overlook 
the  child  vendors.  There  are  no  reports  of  bonded  labor  by  children,  but  the  LEA 
does  not  apply  to  service  rendered  to  the  matai,  some  of  whom  require  children  to 
work  for  the  village,  primarily  on  village  farms  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — ^The  LEA  established  for  the  private  sector  a 
40-hour  woritweek  and  an  hourly  minimum  wage  of  $0.50  (Tala  1.25).  This  mini- 
mum wage  suffices  for  a  basic  standard  of  living  when  supplemented  by  the  subsist- 
ence farming  and  fishing  in  which  most  families  engage.  The  act  provides  that  no 
worker  should  be  required  to  work  for  more  than  40  hours  in  any  1  week. 

The  act  also  establishes  certain  rudimentary  safety  and  health  standards,  which 
the  Attorney  General  is  responsible  for  enforcing.  Independent  observers  report, 
however,  that  the  safety  laws  are  not  strictly  enforced  except  when  accidents  high- 
light noncompliance.  Many  agricultural  workers,  among  others,  are  inadequately 
protected  from  pesticides  and  other  dangers  to  health.  Government  education  pro- 
grams are  addressing  these  concerns.  The  act  does  not  apply  to  service  rendered  to 
uie  matai.  While  the  act  does  not  specifically  address  the  right  of  workers  to  remove 
themselves  from  a  dangerous  work  situation,  a  report  of  sucn  a  case  to  the  Commis- 
sioner of  Labor  would  prompt  an  investigation,  without  jeopardy  to  continued  em- 
ployment. Government  employees  are  covered  under  different  and  more  stringent 
regulations,  which  are  adequately  enforced  by  the  Public  Service  Commission. 


SINGAPORE 

Singapore,  a  city-state  of  3.6  million  people,  is  a  parliamentary  republic  in  which 

golitics  is  dominated  by  the  People's  Action  Party  (PAP),  which  has  held  power  since 
ingapore  gained  autonomy  from  the  United  Kingdom  in  1959.  Following  January 
2  parliamentary  elections,  the  PAP  holds  81  of  the  Parliament's  83  elected  seats. 
Goh  Chok  Tong  completed  his  seventh  year  as  Prime  Minister.  Lee  Kuan  Yew,  who 
served  as  Prime  Minister  from  independence  in  1965  until  1990,  remains  active  po- 
litically, holding  the  title  of  Senior  Minister.  The  majority  of  the  population  is  ethnic 
Chinese  (77  percent),  with  Malays  and  Indians  constituting  substantial  minorities. 
The  judiciary  is  efficient  and  constitutionally  independent.  However,  there  is  a  per- 
ception it  reflects  the  views  of  the  executive  in  politically  sensitive  cases. 

The  (jovemment  maintains  active  internal  security  and  military  forces  to  counter 
perceived  threats  to  the  nation's  security.  It  has  frequently  used  security  legislation 
to  control  a  broad  range  of  activity.  The  Internal  Security  Department  (ISD)  is  re- 
sponsible for  enforcement  of  the  Internal  Security  Act  (ISA),  including  its  provisions 
for  detention  without  trial. 

Singapore  has  an  open  free  market  economic  system.  The  construction  and  finan- 
cial services  industries  and  manufacturing  of  computer-related  components  are  key 
sectors  of  the  economy,  which  has  achieved  remarkably  steady  growth  since  inde- 
pendence. Gross  domestic  product  rose  approximately  7.5  percent  in  1997,  and  the 
annual  per  capita  gross  domestic  product  is  approximately  $26,000.  Wealth  is  dis- 
tributed relatively  equally  in  what  is  essentially  a  full-employment  economy. 

Although  there  were  problems  in  some  areas,  the  (jovernment  generally  respected 
the  human  rights  of  its  citizens.  The  Government  stepped  up  its  intimidation  of  the 
opposition  in  1997,  an  election  year.  After  the  election,  PAP  leaders  filed  a  number 
of  potentially  ruinous  defamation  suits  against  opposition  parties  and  their  leaders. 


895 

The  ruling  party's  continued  use  of  the  judicial  system  for  political  purposes  high- 
lights concerns  about  the  independence  of  the  judiciary  in  cases  that  affected  mem- 
bers of  the  opposition,  or  that  had  political  implications.  The  Government  has  wide 
powers  to  detain  people  arbitrarily  and  subsequently  restrict  their  travel,  freedom 
of  speech,  and  right  to  associate  freely,  and  to  handicap  political  opposition.  There 
was  no  evidence  of  a  change  in  the  Government's  willingness  to  exercise  these  pow- 
ers when  it  deemed  that  necessary  in  pursuit  of  its  policy  goals.  The  Government 
restricts  freedom  of  speech  and  of  the  press  and  intimidates  journalists  into  practic- 
ing self-censorship.  Trie  authorities  have  the  technical  capability  to  intrude  on  peo- 
ple's privacy  and  may  do  so  in  some  politically  sensitive  cases.  There  is  some  legal 
discrimination  against  women,  which  affects  only  a  small  percentage  of  the  popu- 
lation. The  Government  has  moved  actively  to  counter  societal  discrimination 
against  women  and  minorities.  While  freedom  of  religion  is  generally  respected,  Je- 
hovah's Witnesses  have  been  banned  since  1972  and  the  Unification  Church  since 
1982. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  pxilitical  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  torture,  and  government  leaders  have  stated  that  they  oppose  its 
use.  However,  there  have  been  credible  reports  in  past  years  of  police  mistreatment 
of  detainees.  Reliable  reports  indicate  that  police  have  sometimes  employed  sleep 
deprivation  or  interrogation  of  detainees  in  very  cold  rooms  where  the  prisoners 
may  be  stripped  of  their  clothes  and  doused  with  water.  In  1993,  the  last  year  for 
which  statistics  are  available,  of  the  94  complaints  of  police  abuse  investigated,  14 
were  substantiated. 

The  Penal  Code  mandates  caning,  in  addition  to  imprisonment,  as  punishment  for 
some  30  offenses  involving  the  use  of  violence  or  threat  of  violence  against  a  person, 
such  as  rape  and  robbery.  The  law  also  mandates  caning  for  certain  other  offenses 
including  vandalism,  drug-trafTicking,  and  violation  of  immigration  laws. 

Caning  is  discretionary  for  convictions  on  other  charges  involving  the  use  of  crimi- 
nal force,  such  as  kidnaping,  or  voluntarily  causing  grievous  hurt.  The  law  pre- 
scribes a  maximum  or  minimum  number  of  cane  strokes  in  many  of  these  cases,  al- 
though the  courts  do  not  always  abide  by  these  guidelines.  Women  are  exempted 
from  caning,  as  are  men  over  50,  under  16,  and  those  determined  unfit  by  a  medical 
officer.  In  1993,  the  last  year  for  which  statistics  are  available,  the  courts  included 
a  caning  sentence  in  3,244  cases. 

Prison  conditions  are  generally  good  and  meet  minimum  international  standards. 
Some  abuses  have  occurred  and  have  been  rejwrted  in  the  press.  In  March  1996, 
for  example,  three  prison  ofiicials  pleaded  guilty  to  manslaughter  for  causing  the 
death  of  a  prisoner  in  August  1995.  The  Government  had  responded  quickly  to  the 
abuse  and  publicly  denounced  all  abuses  of  power  by  prison  officials. 

The  Government  does  not  allow  human  rights  monitors  to  visit  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Internal  Security  Act  (ISA),  the 
Criminal  Law  (Temporary  Provisions)  Act  (CLA),  the  Misuse  of  Drugs  Act  (MDA), 
and  the  Undesirable  Publications  Act  all  have  provisions  for  arrest  without  warrant. 
Those  arrested  must  be  charged  before  a  magistrate  within  48  hours.  At  that  time, 
those  detained  under  criminal  charges  may  obtain  legal  counsel.  A  functioning  sys- 
tem of  bail  exists  for  those  charged. 

The  ISA,  the  CLA,  and  the  MDA  permit  detention  without  trial.  The  Government 
reserves  the  right  to  use  indefinite  detention  without  trial  to  pressure  detainees  to 
"rehabilitate"  themselves  as  well  as  to  make  admissions  of  wrongdoing.  In  the  past, 
the  Government  has  acknowledged  that,  in  the  case  of  detentions  without  trial 
under  the  CLA,  the  indefinite  nature  of  the  detentions  served  to  pressure  the  de- 
tainees. Persons  alleging  mistreatment  under  detention  may  biing  criminal  charges 
against  government  ofiicials  who  are  alleged  to  have  committed  such  acts,  but  they 
may  be  discouraged  from  making  accusations  by  fear  of  official  retaliation  (see  Sec- 
tion I.e.). 

In  1989  Parliament  amended  the  Constitution  and  the  ISA  to  eliminate  judicial 
review  of  the  substantive  grounds  for  detentions  under  the  ISA  and  subversion  laws. 
This  permits  the  (jovemment  to  restrict,  on  vaguely  defined  national  security 
grounds,  the  scope  of  certain  fundamental  liberties  that  had  been  provided  for  in 
the  Constitution. 


896 

The  ISA  empowers  the  pohce  to  detain  a  person  for  up  to  48  hours.  Any  police 
oflicer  at  or  above  the  rank  of  superintendent  may  authorize  that  a  detainee  be  held 
for  up  to  28  days  longer.  Once  initial  interrogation  has  been  completed,  the  authori- 
ties have  generally  allowed  ISA  detainees  access  to  lawyers  and  visits  by  relatives. 

The  ISA  gives  broad  discretion  to  the  Minister  of  Home  Affairs  to  order  detention 
without  charges  if  the  President  determines  that  a  person  poses  a  threat  to  national 
security.  The  President  may  authorize  detention  for  up  to  2  years;  the  detention 
order  may  be  renewed  for  2-year  periods  with  no  limitation  on  renewal.  Although 
persons  detained  without  trial  under  the  ISA  are  entitled  to  counsel,  they  have  no 
right  through  the  courts  to  challenge  the  substantive  basis  for  their  detention.  In- 
stead, detainees  may  make  representations  to  an  advisory  board  that  reviews  each 
detainee's  case  periodically.  The  board  may  make  nonbinding  recommendations  that 
a  detainee  be  released  prior  to  expiration  of  the  detention  order.  If  the  Minister 
wishes  to  act  contrary  to  a  recommendation  for  release  by  the  board,  he  must  seek 
the  agreement  of  the  President. 

No  one  has  been  jailed  under  formal  ISA  detention  since  1990.  However,  the  Gov- 
ernment has  maintained  some  restrictions  on  the  rights  of  one  former  ISA  detainee 
to  travel  abroad,  make  public  statements,  and  associate  freely.  Chia  Thye  Poh,  a 
former  Member  of  Parliament,  was  released  from  prison  in  1989  after  23  years  in 

Preventive  detention  under  the  ISA  but  was  confined  to  a  small  island  adjacent  to 
ingapore  during  evening  and  night  hours  until  1992.  He  cannot  issue  public  state- 
ments, attend  public  meetings,  take  part  in  political  activity,  or  associate  with  other 
former  detainees  without  ISD  approval,  but  he  was  allowed  to  travel  to  Germany 
in  the  summer.  Until  November  1996,  Chia  had  also  been  required  to  seek  approval 
to  be  employed  or  travel  abroad. 

Persons  detained  without  trial  under  the  CLA  are  entitled  to  counsel  but  may 
only  challenge  the  substantive  basis  for  their  detention  to  the  committee  advising 
the  Minister  for  Home  Affairs  on  detention  issues.  The  CLA  is  used  almost  exclu- 
sively in  cases  involving  narcotics  and  secret  criminal  societies  and  has  not  been 
used  for  political  purposes.  According  to  the  Government,  the  cumulative  number 
of  persons  currently  detained  under  the  CLA  as  of  July  1995,  the  last  period  for 
which  statistics  are  available,  was  570,  of  whom  248  were  for  secret  society  activi- 
ties and  322  for  drug  trafficking.  Under  the  MDA,  the  Director  of  the  Central  Nar- 
cotics Bureau  may  also  commit — without  trial — suspected  drug  users  to  a  drug  reha- 
bilitation center  for  up  to  6  months,  with  subsequent  extensions,  in  cases  of  positive 
urinalysis  tests. 

The  Constitution  prohibits  exile,  and  the  Government  respects  the  prohibition  in 
practice. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  the  Government  restricts  the  independence  of  the  judiciary  in  practice 
through  its  control  over  the  assignment  of  judges  and  through  laws  limiting  judicial 
review.  Many  judicial  officials,  especially  Supreme  Court  judges,  have  close  ties  to 
the  naling  party  and  its  leaders.  The  President  appoints  judges  to  the  Supreme 
Court  on  the  recommendation  of  the  Prime  Minister  in  consultation  with  the  Chief 
Justice.  The  President  also  appoints  subordinate  court  judges  on  the  recommenda- 
tion of  the  Chief  Justice.  The  term  of  appointment  is  determined  by  the  Legal  Serv- 
ice Commission  of  which  the  Chief  Justice  is  the  chairman.  The  1989  constitutional 
amendments  that  eliminated  judicial  review  of  the  objective  grounds  for  detentions 
under  the  ISA  and  subversion  laws  allows  the  Government  to  restrict,  or  even  elimi- 
nate, judicial  review  in  such  cases  and  thereby  restrict,  on  vaguely  defined  national 
security  grounds,  the  scope  of  certain  fundamental  liberties  provided  for  in  the  Con- 
stitution. 

The  judicial  system  has  two  levels  of  courts:  The  Supreme  Court,  which  includes 
the  High  Court  and  the  Court  of  Appeal;  and  the  subordinate  courts.  Subordinate 
court  Judges  and  magistrates,  as  well  as  public  prosecutors,  are  civil  servants  whose 
specific  assignments  are  determined  by  the  Legal  Service  Commission,  which  can 
decide  on  job  transfers  to  any  of  several  legal  service  departments.  If  they  wish,  Su- 
preme Court  Justices  remain  in  office  until  the  mandatory  retirement  age  of  65, 
after  which  they  may  continue  to  serve  at  the  Government's  discretion  for  brief,  re- 
newable terms  at  full  salary.  The  Constitution  has  a  provision  for  the  Prime  Min- 
ister or  the  Chief  Justice  to  convene  a  tribunal  in  order  to  remove  a  justice  "on  the 
ground  of  misbehavior  or  inability  ...  to  properly  discharge  the  functions"  of  office, 
But  it  has  never  been  used. 

In  February  1994,  completing  a  transition  begun  in  1989,  Parliament  approved  a 
bill  abolishing  all  appeals  to  the  Privy  Council  in  London.  The  Court  of  Appeal 
therefore  became  the  highest  court  of  review. 

The  judicial  system  provides  citizens  with  an  efficient  judicial  process.  In  normal 
cases  the  Criminal  Procedures  Code  provides  that  a  charge  against  a  defendant 


897 

must  be  read  and  explained  to  him  as  soon  as  it  is  framed  by  the  prosecution  or 
the  magistrate.  Defendants  enjoy  a  presumption  of  innocence  and  the  right  of  ap- 
peal, in  most  cases.  They  normally  have  the  right  to  be  present  at  their  trials,  to 
be  represented  by  an  attorney,  to  confront  witnesses  agamst  them,  to  provide  wit- 
nesses and  evidence  on  their  own  behalf,  and  to  review  government-held  evidence 
relevant  to  their  cases. 

The  Constitution  extends  the  above  rights  to  all  citizens.  However,  persons  de- 
tained under  the  CLA  are  not  entitled  to  a  public  trial.  In  addition,  proceedings  of 
the  advisory  board  under  the  ISA  are  not  public  (see  Section  l.d.).  In  all  remaining 
cases,  trials  are  public  and  by  judge;  there  are  no  jury  trials. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Government  can  use  its  wide  discretionary  powers  under  the  ISA  if  it  determines 
that  national  security  is  threatened.  In  most  cases,  the  law  requires  search  war- 
rants, normally  issued  by  the  magistrate's  court,  for  intrusion  into  the  home.  Law 
enforcement  ofticers  may,  however,  search  a  person,  home,  or  property  without  a 
warrant  if  they  decide  that  searches  are  necessary  to  preserve  evidence.  The  CLA 
and  the  MDA  permit  warrantless  searches  in  dealing  with  drug-  and  secret  society- 
related  offenses.  The  courts  may  undertake  judicial  review  of  such  searches  at  the 
request  of  the  defendant. 

Divisions  of  the  Government's  law  enforcement  agencies,  including  the  Internal 
Security  Department  and  the  Corrupt  Practices  Investigation  Board,  have  wide  net- 
works for  gathering  information.  The  authorities  have  the  capability  to  monitor  tele- 
phone and  other  private  conversations  and  conduct  surveillance.  It  is  believed  that 
the  authorities  routinely  monitor  citizens'  telephone  conversations  and  use  of  the 
Internet.  While  there  were  no  proven  allegations  that  they  did  so  in  1997,  it  is  wide- 
ly believed  that  the  authorities  routinely  conduct  surveillance  on  some  opposition 
politicians  and  other  critics  of  the  Government. 

The  Government  does  not  permit  the  import  of  newspapers  from  Malaysia,  and 
bars  the  import  of  other  publications  (see  Section  2. a.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  permits  official  restrictions  on 
the  freedom  of  expression,  and,  in  practice,  the  Government  restricts  the  freedoms 
of  speech  and  the  press  and  intimidates  journalists  into  practicing  self-censorship. 
The  ISA  permits  the  Government  to  prohibit  or  to  place  conditions  on  publications 
that  incite  violence,  that  counsel  disobedience  to  the  law,  that  might  arouse  tensions 
among  the  various  classes  (races,  religions,  and  language  groups),  or  that  might 
threaten  national  interests,  national  security,  or  public  order.  The  Government  uses 
a  broad  definition  of  these  laws  to  restrict  political  opposition  and  criticism.  The 
Government  does  not  tolerate  discussions  in  tne  press  of  alleged  government  corrup- 
tion, nepotism,  or  a  compliant  judiciary. 

All  general  circulation  newspapers  in  all  four  official  languages — English,  Chi- 
nese, Malay,  and  Tamil — are  owned  by  Singapore  Press  Holdings  Ltd.  (SPH),  a  pri- 
vate holding  company  that  has  close  ties  to  the  national  leadership.  SPH  is  required 
by  law  to  issue  ordinsuy  and  management  shares;  holders  of  management  snares 
have  the  power  to  control  all  SPH  personnel  decisions.  The  Government  must  ap- 
prove, and  can  remove,  holders  of  management  shares.  Hence,  while  newspapers 
print  a  large  and  diverse  selection  of  articles  from  domestic  and  foreign  sources,  edi- 
torials and  coverage  of  domestic  events  closely  mirror  government  policies  and  the 
opinions  of  government  leaders.  Government  leaders  often  criticize  what  they  call 
the  "Western  model"  of  journalism,  in  which  the  media  are  free  to  report  the  news 
as  they  see  it.  Government  officials  argue  that  the  role  of  the  domestic  media  is  to 
act  responsibly,  which  is  generally  understood  to  mean  support  for  the  goals  of  the 
elected  leadership  and  preservation  of  social  and  religious  harmony. 

A  wide  range  of  international  magazines  and  newspapers  may  be  purchased  un- 
censored,  although  newspapers  printed  in  Malaysia  may  not  be  imported.  A  1990 
law  requires  foreign  publications  that  report  on  politics  and  current  events  in  South- 
east Asia  to  register  and  post  a  bond  the  equivalent  of  $141,100,  and  name  a  person 
in  Singapore  to  accept  legal  service.  These  requirements  strengthen  government 
control  over  foreign  media.  The  Government  may  ban  the  circulation  of  domestic 
and  foreign  publications  under  provisions  of  the  ISA  and  the  Undesirable  Publica- 
tions Act.  Under  amendments  to  the  Newspaper  and  Printing  Presses  Act,  the  Gov- 
ernment may  limit  the  circulation  of  foreign  publications  that  it  determines  inter- 
fere in  Singapore's  domestic  politics.  It  has  done  so  on  occasion  in  the  past. 

The  Asian  Wall  Street  Journal  (AWSJ),  Asiaweek,  and  the  Far  Eastern  Economic 
Review  (FEER)  are  "gazetted"  (limited  in  circulation).  In  July  the  (jovernment  re- 
laxed restrictions,  raising  the  weekly  circulation  limits  for  the  FEER  from  6,000  to 


898 

8,000  and  for  Asiaweek  from  15,000  to  18,000.  The  limit  for  the  AWSJ  remained 
at  9,000  per  issue.  It  further  allowed  the  FEER  to  have  a  full-time  Singapore  cor- 
respondent. 

Import  of  some  publications  is  barred,  and  the  authorities  censor  movies,  tele- 
vision programs,  video  materials,  and  music.  Censorship  of  materials  and  the  deci- 
sion to  deny  the  importation  of  specific  publications  are  based  on  a  determination 
that  such  materials  would  undermine  the  stability  of  the  State,  are  pro-Communist, 
contravene  moral  norms,  are  pornographic,  show  excessive  or  gratuitous  sex  and  vi- 
olence, glamorize  or  promote  drug  use,  or  incite  racial,  religious,  or  linguistic  ani- 
mosities. The  authorities  say  that  there  is  strong  public  support  for  continued  cen- 
sorship of  sex  and  violence  in  films. 

The  Singapore  Broadcasting  Authority  (SBA),  established  in  1994  to  regulate  and 
promote  the  broadcasting  industry,  develops  censorship  standards  with  the  help  of 
an  advisory  panel  whose  membership  represents  a  cross  section  of  society.  It  also 
regulates  access  to  material  on  the  Internet.  In  1996  the  SBA  introduced  a  frame- 
work of  web  site  licenses  to  encourage  accountability  and  responsible  use  of  the 
Internet.  Internet  service  providers  responded  by  installing  "proxy  servers"  through 
which  local  users  must  route  their  Internet  connections  ana  which  act  as  a  filter 
for  objectionable  content.  While  the  Government  does  not  classify  regulation  of  the 
Internet  as  censorship,  the  SBA  can  direct  service  providers  to  block  access  to  web 
pages  which,  in  the  Government's  view,  undermine  public  security,  national  defense, 
racial  and  religious  harmony,  and  public  morals.  In  September  1996,  the  SBA  order 
Internet  service  providers  to  block  access  to  about  a  dozen  sites  deemed  to  violate 
these  rules.  Since  then  the  number  of  prohibited  sites  has  grown  to  around  100,  al- 
most all  of  which  are  pornographic  in  nature.  The  list  of  prohibited  sites  is  not  a 
matter  of  public  record. 

In  response  to  recommendations  by  its  advisory  panel,  the  SBA  announced  in  Oc- 
tober a  new  Internet  Code  of  Practice,  which  aims  to  clarify  the  SBA's  pwlicy  on  the 
regulation  of  Internet  material.  The  SBA  emphasized  that  its  primary  concern  was 
to  limit  access  to  material  that  contains  pornography  or  excessive  violence  or  that 
incites  racial  or  religious  hatred.  The  SBA  assured  citizens  that  it  does  not  monitor 
e-mail  messages,  chat  groups,  what  sites  people  access,  or  what  they  download.  Ac- 
cording to  the  SBA,  the  new  regulations  are  intended  to  address  in  greater  detail 
what  types  of  material  are  forbidden,  and  to  better  explain  the  responsibilities  of 
Internet  material  and  service  providers. 

As  a  practical  matter,  virtually  all  web  sites  are  available  on  the  Internet.  The 
Grovemment's  regulatory  scheme  is  primarily  concerned  with  the  downloading  and 

firoliferation  of  objectionable  material  and  less  with  the  purely  private  use  of  the 
ntemet.  Nevertheless,  a  1996  Interpol  case  that  led  the  Government  to  arrest  and 
convict  a  Singaporean  for  downloading  child  pornography  made  all  citizens  keenly 
aware  that,  even  if  the  Government  does  not  regularly  monitor  their  use  of  the 
Internet,  it  has  the  ability  to  do  so. 

The  government-linked  holding  company,  Singapore  International  Media  PTE  Ltd, 
has  a  near  monopoly  on  broadcasting.  Its  4  main  subsidiaries  operate  all  4  free  tele- 
vision channels  and  10  of  the  15  domestic  radio  stations.  Of  the  five  remaining  radio 
stations,  two  are  owned  by  the  Singapore  Armed  Forces  Reservists'  Association 
(SAFRA)  and  two  by  the  National  Trade  Union  Congress  (NTUC),  which  is  closely 
affiliated  with  the  Government.  The  only  radio  station  not  under  government  con- 
trol is  the  British  Broadcasting  Corporation  (BBC)  World  Service,  which  is  available 
24  hours  a  day.  In  addition  to  the  BBC,  Malaysian  and  Indonesian  television  and 
radio  broadcasts  can  be  received.  An  expanded  cable  service  with  links  to  the  Gov- 
ernment began  operation  in  June  1995  and  offers  more  than  30  channels.  Satellite 
dishes  are  banned  with  few  exceptions. 

Journalists  from  foreign  publications  are  required  by  law  to  apply  annually  for  re- 
newal of  the  employment  pass  that  allows  them  to  operate  in  Singapore.  The  Gov- 
ernment has  limited  the  amount  of  time  that  some  foreign  correspondents  could  re- 
main in  the  country  by  denying  requests  for  renewal  of  their  employment  passes, 
usually  beyond  a  period  of  3  years.  The  Government  has  denied  requests  in  the  past 
from  several  major  publications  to  station  correspondents  in  Singapore. 

Government  leaders  use  defamation  suits  or  the  threat  of  such  actions  to  discour- 
age public  criticism  and  intimidate  the  press.  In  1995  Prime  Minister  Goh  Chok 
Tong,  Senior  Minister  Lee  Kuan  Yew,  and  his  son,  Deputy  Prime  Minister  Lee 
Hsien  Loong,  won  a  record  defamation  judgment  of  $678,000  against  the  Inter- 
national Herald  Tribune  (IHT)  for  an  article,  published  in  August  1994,  allegedly 
suggesting  that  the  younger  Lee  was  appointed  to  his  post  on  account  of  his  father. 
The  plaintiffs  sought  damages  in  addition  to  a  printed  apology,  which  appeared  in 
the  newspaper  on  August  31,  1994.  During  a  wiaely  publicized  public  hearing  to  de- 
termine tne  scope  of  the  judgment  against  the  IHT,  all  three  plaintiffs  testified  that 


899 

the  IHT  had  not  apologize  in  good  faith  and  demanded  aggravated  damages  for  the 
harm  caused  to  their  reputations. 

In  January  1995,  Dr.  Christopher  Lingle,  an  American  academic  who  had  been 
a  visiting  lecturer  at  the  National  University  of  Singapore,  the  IHT,  and  its  Singa- 
pore printer  were  fined  for  contempt  of  court  following  the  publication  of  an  article 
about  Asian  governments  by  Lingle  on  October  7,  1994.  Although  Singapore  was  not 
mentioned  in  the  article,  the  court  interpreted  the  article's  contention  that  some 
governments  were  "relying  upon  a  compliant  judiciary  to  bankrupt  opposition  politi- 
ciems  or  buying  out  enough  of  the  opposition  to  take  control  democratically^  as  a 
reference  to  Singapore.  Altnough  the  IHT  published  an  apology  for  the  article  in  De- 
cember 1994,  Senior  Minister  Lee  Kuan  Yew  filed  a  civil  libel  suit.  In  November 
1995,  the  IHT  agreed  to  pay  the  Senior  Minister  $213,000  in  damages  plus  costs 
for  the  civil  suit.  Lingle  was  separately  ordered  by  the  courts  in  April  to  pay  $71,000 
in  damages,  plus  costs,  to  the  Senior  Minister.  These  two  suits  have  had  the  effect 
of  intimidating  the  press. 

In  August  the  Government  demanded  that  the  Foreign  Correspondents  Associa- 
tion cancel  a  speech  by  Indonesian  opposition  leader  Megawati  Sukarnoputri.  The 
group's  executive  committee  acceded  to  the  Government's  demand. 

Faculty  members  at  public  institutions  of  higher  education  are  government  em- 

f)loyees.  A  number  of  university  lecturers  are  concurrently  PAP  Members  of  Par- 
iament  (M.P.''s).  Academics  sometimes  criticize  government  policies,  but  they  avoid 
public  criticism  of  individual  government  leaders  and  sensitive  social  and  economic 
policies  because  of  possible  sanctions.  Publications  by  local  academics  and  members 
of  think  tanks  rarely  deviate  substantially  from  government  views. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  grants  citi- 
zens the  freedom  of  peaceful  assembly  and  association  but  permits  Parliament  to 
impose  restrictions  "as  it  considers  necessary  or  expedient  in  the  interest  of  the  se- 
curity of  Singapore."  The  Government  restricts  these  rights  in  practice.  Assemblies 
of  more  than  five  persons  in  public,  including  political  meetings  and  rallies,  must 
have  police  permission.  The  Government  closely  monitors  political  gatherings  re- 
gardless of  the  number  present.  Persons  wishing  to  speak  at  a  public  fiinction,  ex- 
cluding functions  provided  by  or  under  the  auspices  of  the  Government,  must  obtain 
a  public  entertainment  license  from  the  police.  Opposition  politicians  routinely  expe- 
rience delays  of  3  to  4  weeks  before  being  notified  of  the  disposition  of  their  applica- 
tions. 

Most  associations,  societies,  clubs,  religious  groups,  and  other  organizations  with 
more  than  10  members  must  be  registered  with  the  Gk>vemment  under  the  Societies 
Act.  The  Government  denies  registration  to  groups  it  believes  likely  to  be  used  for 
unlawfijl  purposes  or  for  purposes  prejudicial  to  public  peace,  welfare,  or  public 
order  (see  Section  2.c.).  The  Government  has  absolute  discretion  in  applying  this 
broad  and  vague  language  to  register  or  dissolve  societies.  It  prohibits  organized  po- 
litical activities,  except  by  organizations  registered  as  political  parties.  This  prohibi- 
tion effectively  limits  opposition  activities  (see  Section  3).  It  has  less  of  an  effect  on 
the  PAP,  which  uses  ostensibly  nonpolitical  residential  committees  and  neighbor- 
hood groups  for  political  purposes. 

c.  Freedom  of^ Religion. — Freedom  of  religion  is  provided  for  in  the  Constitution 
and  the  Government  usually  respected  this  right  in  practice.  There  is  no  state  reli- 
gion. The  Government  ensures  that  all  residents  of  public  housing  have  access  to 
religious  organizations  traditionally  associated  with  their  ethnic  groups.  It  provides 
some  financial  assistance  to  build  and  maintain  mosques. 

Missionaries  are  permitted  to  work  and  to  publish  religious  texts.  However,  all 
religious  groups  are  subject  to  government  scrutiny  and  must  be  legally  registered. 
The  Government  restricts  some  religious  groups  by  application  of  the  Societies  Act 
and  has  banned  others,  such  as  Jehovah's  Witnesses  and  the  Unification  Church. 
The  Government  banned  the  former  in  1972  on  the  grounds  that  it  opposes  military 
service,  and  its  roughly  2,000  members  refuse  to  periorm  military  service,  salute  the 
flag,  or  swear  oaths  of  allegiance  to  the  State.  In  July  1996,  a  72-year-old  grand- 
mother was  arrested  and  convicted  for  possession  of  banned  Jehovah's  Witness  lit- 
erature. She  was  sentenced  to  a  $500  fine.  She  refused  to  pay  and  was  ordered  to 
jail  for  7  days.  She  was  first  arrested  in  February  1995,  along  with  69  other  sus- 
pected Jehovah's  Witnesses,  at  which  time  the  police  seized  books,  magazines,  peri- 
odicals, and  other  materials  believed  to  be  related  to  the  group.  Of  the  69  persons 
arrested,  28  were  tried  and  found  guilty  of  holding  a  meeting  of  a  "banned  society" 
and  were  fined  between  $500  and  $2,000. 

The  1990  Maintenance  of  Religious  Harmony  Act  made  illegal  what  the  Govern- 
ment deems  to  be  the  inappropriate  involvement  of  religious  groups  and  officials  in 
political  affairs.  The  act  also  prohibits  judicial  review  of  its  enforcement  or  of  any 
possible  denial  of  rights  arising  from  it. 


900 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  grants  citizens  the  right  to  move  freely  throughout 
the  country,  thoii^h  Parliament  may  pass  laws  restricting  that  right  on  the  oasis 
of  "the  security  01  Singapore  .  .  .  the  public  order,  public  health,  or  the  punishment 
of  offenders."  The  Government  requires  aU  citizens  and  permanent  residents  over 
the  age  of  12  to  register  and  to  carry  identification  cards.  The  Government  may 
refuse  to  issue  a  passport  and  has  done  so  in  the  case  of  former  ISA  detainees.  In 
January  the  Government  seized  the  passport  of  the  wife  of  opposition  leader  Tang 
Liang  Hong.  Tang  himself  had  left  the  country  earlier  that  month.  Her  passport  was 
returned  to  her  in  June  (see  Section  3). 

The  ISA  allows  the  Ministers  for  Law  and  Home  Affairs  to  suspend  or  revoke  a 
detention  order  or  to  impose  restrictions  on  former  detainees'  activities,  places  of 
residence,  and  travel  abroad  (see  Section  l.d.).  The  right  of  voluntaiy  repatriation 
is  extended  to  holders  of  Singaporean  passports.  In  1985  Parliament  provided  for 
the  loss  of  citizenship  by  Singaporeans  who  reside  outside  the  country  for  more  than 
10  years  consecutively.  Action  under  this  law  is  discretionary  and  has  been  taken 
in  at  least  one  case  involving  a  well-known  government  opponent.  Tan  Wah  Piaow. 

After  the  completion  of  national  service,  former  enlisted  men  are  required  to  par- 
ticipate in  reserve  training  until  age  40  and  former  ofBcers  until  age  50.  Reservists 
who  plan  to  travel  overseas  for  less  than  6  months  must  advise  the  Ministry  of  De- 
fense; for  trips  longer  than  6  months,  reservists  must  obtain  an  exit  permit.  Begin- 
ning at  age  11,  boys  passports  are  restricted  to  6  months.  Males  who  are  eligible 
for  national  service  must  obtain  an  exit  permit  for  travel  outside  Singapore  of  more 
than  6  months,  with  the  exception  of  travel  to  peninsular  Malaysia  on  a  restricted 
passport. 

The  law  stipulates  that  Singaporean  former  members  of  the  Communist  Party  of 
Malaya  (CPM)  residing  outside  the  country  must  apply  to  the  Government  to  be  al- 
lowea  to  return.  They  must  renounce  communism,  sever  all  organizational  ties  with 
the  CPM,  and  pledge  not  to  take  part  in  activities  prejudicial  to  the  State's  internal 
security.  In  addition,  the  law  requires  them  to  submit  to  interview  by  the  ISD  and 
to  any  restrictive  conditions  imposed  on  them. 

Singapore  neither  accepted  the  Comprehensive  Plan  of  Action  for  Indochinese 
seeking  refugee  status  nor  offered  first  asylum  to  refugees.  Prior  to  1991,  the  Gov- 
ernment permitted  Indochinese  asylum  seekers  to  disembark  if  a  resettlement  coun- 
try promised  to  remove  them  within  90  days  and  if  the  rescuing  vessel  was  in 
Singapore  on  a  scheduled  port  of  call.  In  June  1991,  the  Government  halted  disem- 
barkation on  the  grounds  tnat  resettlement  countries  had  not  honored  their  guaran- 
tees of  removal.  Approximately  140  Vietnamese  boat  people  were  placed  in  an  open 
camp  in  Singapore.  All  were  interviewed  to  determine  refugee  status  and  a  numoer 
were  resettled  in  resettlement  countries.  Ninety-nine  Vietnamese  boat  people  were 
repatriated  in  1996  under  the  United  Nations  High  Commissioner  for  Refugees 
(IJNHCR)  voluntary  repatriation  program.  Five  other  Vietnamese  asylum  seekers 
have  been  allowed  to  remain  in  Singapore.  The  authorities  permit  persons  of  other 
nationalities  who  make  claims  for  asylum  to  have  their  status  determined  by  the 
UNHCR  for  possible  resettlement  elsewhere.  There  are  no  reports  of  a  person  hav- 
ing been  returned  to  a  country  where  they  feared  j)ersecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully  through  democratic  means,  and  the  voting  and  vote-counting  systems  in 
elections  are  fair,  accurate,  and  free  from  tampering.  However,  the  PAP,  which  has 
held  power  continuously  for  3  decades,  uses  the  (jovemment's  extensive  powers  to 

Slace  formidable  obstacles  in  the  path  of  political  opponents.  It  attempts  to  intimi- 
ate  the  members  of  the  opposition  through  the  threat  of  libel  suits  and  the  subse- 
quent loss  of  their  political  future,  since  large  judgments  in  libel  suits  can  lead  to 
bankruptcy,  and  under  the  law  bankrupt  persons  are  ineligible  to  sit  in  Parliament. 
The  Government  also  intimidates  the  opposition  through  the  threat  of  potential  loss 
of  employment  or  professional  licenses.  Opposition  politicians  report  tnat  potential 
employers  are  reluctant  to  hire  them  or  their  supporters.  As  a  result,  opposition  par- 
ties have  been  unable  seriously  to  challenge  the  PAPs  domination  of  the  political 
system  since  the  late  1960's. 

Parliamentary  elections  may  be  called  at  any  time  but  must  be  held  no  later  than 
5  years  from  the  date  Parliament  first  sits.  Following  January  2  parliamentary  elec- 
tions, opposition  politicians  hold  2  of  the  83  elected  seats  m  the  Parliament;  the 
Singapore  People's  Party  and  the  Workers'  Party  (WP)  each  hold  1  seat.  In  addition, 
the  WP  holds  1  "non-constituency"  seat  based  on  a  law  that  assures  at  least  3  oppo- 
sition members  in  Parliament,  though  this  member's  parliamentary  voting  rights 


901 

are  restricted.  In  addition  to  the  83  elected  members,  the  President  appoints  "promi- 
nent citizens"  to  serve  as  nominated  members  for  2-year  terms.  The  number  of  nom- 
inated members  was  raised  from  6  to  9  for  the  current  term  of  Parliament. 

Singapore's  economic  success  and  generally  honest,  effective  government  under 
the  PAP  has  strengthened  the  Party's  leadership  role.  However,  its  grip  on  power 
has  also  been  enhanced  by:  patronage;  political  control  of  the  press  and  the  courts; 
strong  party  discipline;  restrictions  on  opposition  political  activities;  and  complete 
control  of  the  political  process.  For  example,  during  the  campaign  leading  to  the 
January  elections,  senior  government  officials  pointedly  warned  voters  that  pre- 
cincts that  elected  opposition  candidates  would  have  the  lowest  priority  in  govern- 
ment plans  to  upgrade  public  housing  facilities.  This  heightened  concerns  among 
some  observers  about  voters'  genuine  freedom  of  choice. 

Although  political  parties  are  legally  free  to  organize,  the  authorities  impose  strict 
regulations  on  their  constitutions,  fundraising,  and  accountability.  Government  reg- 
ulations also  hinder  attempts  by  opposition  parties  to  rent  office  space  in  govern- 
ment housing  or  to  establish  community  foundations.  In  1996  the  Government  de- 
nied an  opposition  party  request  to  produce  and  distribute  video  tapes  on  the 
grounds  that  visual  images  can  be  used  to  evoke  emotional  rather  than  rational  re- 
sponses. Moreover,  according  to  the  Government,  the  use  of  videos  could  allow  politi- 
cal parties  to  sensationalize  or  distort  information  to  capture  the  maximum  atten- 
tion of  the  viewer. 

Opposition  political  figures  claim  that  such  impediments  are  the  root  cause  of  the 
weakness  of  the  opposition  parties.  The  PAP  claims  that  the  lack  of  an  effective  op- 
position is  due  to  disorganization,  lack  of  leadership,  and  lack  of  alternative  policy 
programs. 

Another  example  of  the  PAPs  manipulation  of  the  political  process  was  the  1993 
selection  of  cant^dates  to  be  Singapore's  first  elected  president,  who  has  some  pow- 
ers over  civil  service  apjxjintments,  government  and  statutory  board  budgets,  and 
internal  security  affairs.  By  law,  a  Presidential  Elections  Committee  (PEC)  must 
certify  the  suitability  of  potential  candidates  on  the  basis  of  integrity,  character, 
reputation,  ability,  and  experience  in  managing  the  financial  affairs  of  a  large  insti- 
tution. The  PEC  is  composed  of  the  Chairman  of  the  Public  Service  Commission,  the 
Chairman  of  the  Public  Accountants  Board,  and  a  member  of  the  Presidential  Coun- 
cil for  Minority  Rights.  Eligibility  for  the  presidency  was  considered  automatic  if  the 
candidate  had  3  years'  experience  as  a  high-ranking  public  servant  or  chief  execu- 
tive officer  of  a  large  corporation.  These  requirements  limit  the  pool  of  potential 
presidential  candidates.  Using  these  criteria,  the  committee  rejected  the  applications 
of  two  opposition  figures — Secretary  General  of  the  WP  J.B.  Jeyaretnam,  and  an- 
other WP  member — for  not  satisfying  the  eligibility  criteria  regarding  character  and 
financial  expertise. 

In  addition,  the  Government  directly  or  indirectly  controls  institutions  supposedly 
outside  its  orbit,  including  academia,  community  service  organizations,  and  nearly 
all  other  nongovernmental  organizations.  While  the  PAP  Government  enjoys  the 
support  of  these  ostensibly  nonpolitical  organizations,  it  has  used  its  broad  discre- 
tionary powers  to  hinder  the  creation  of  comparable  support  organizations  for  oppo- 
sition parties. 

The  threat  of  civil  libel  or  slander  suits  continues  to  discourage  criticism  or  chal- 
lenges by  opposition  leaders.  The  Legal  Code  also  provides  for  criminal  defamation 
offenses,  but  these  provisions  are  seldom  used. 

In  the  wake  of  the  January  elections,  a  group  of  senior  PAP  leaders — Prime  Min- 
ister Goh  Chok  Tong,  Senior  Minister  Lee  Kuan  Yew,  and  nine  other  current  or 
former  M.P."s — sued  defeated  WP  candidate  Tang  Liang  Hong  for  defamation.  Most 
of  the  suits  arose  from  responses  Tang  had  made  to  the  PAP  leaders'  claim,  made 
during  and  after  the  election,  that  he  was  an  "anti-Christian,  anti-English-educated, 
Chinese-language  chauvinist."  Immediately  after  the  election.  Tang  fled  Singapore, 
citing  death  threats,  and  has  yet  to  return.  In  May  the  Singapore  High  Court  or- 
dered Tang  to  pay  the  PAP  leaders  a  record  $5.77  million  in  damages. 

Also  in  May,  revenue  authorities  charged  Tang  with  33  counts  of  criminal  tax  eva- 
sion. In  addition,  the  Government  had  seized  the  passport  of  Tang's  wife  when  she 
attempted  to  leave  Singapore  in  late  January,  ostensioly  because  her  name  is  in- 
cluded on  some  of  Tangs  tax  documents.  Her  passport  was  later  returned  and  she 
was  eventually  allowed  to  leave  the  country  in  June. 

In  January  the  same  PAP  leaders  who  had  sued  Tang  also  filed  defamation  claims 
against  Tang's  WP  colleague.  Party  Secretary  General  and  non-constituency  M.P. 
J!b.  Jeyaretnam.  The  plaintifts  claimed  that  Jeyaretnam  defamed  them  by  implying 
that  they  were  guilty  of  a  serious  crime  when  he  told  a  rally  on  January  1  that  Tang 
had  filed  police  reports  against  "Goh  Chok  Tong  and  his  people." 


902 

Yet  another  recent  example  of  the  use  of  libel  or  slander  suits  by  government  enti- 
ties to  intimidate  prominent  opposition  politicians  was  that  of  Chee  Soon  Juan,  a 
lecturer  at  the  National  University  of  Singapore  and  Secretary  General  of  the  Singa- 
pore Democratic  Party  (SDP).  Chee  was  dismissed  from  his  teaching  position  in 
March  1993  for  alleged  irregularities  involving  his  use  of  research  iiinds  and  sued 
by  his  department  chairman,  S.  Vasoo,  a  PAP  M.P.,  for  making  allegedly  defamatory 
remarks.  Chee  was  ordered  to  pay  $200,000  in  damages  to  Vasoo  and  two  other  uni- 
versity employees  as  compensation. 

The  Government  also  uses  parliamentary  censure  or  the  threat  of  censure  to  hu- 
miliate or  intimidate  opposition  leaders.  For  example,  Parliament  censured  Chee 
Soon  Juan  and  the  SDP  in  November  1995  for  allegedly  endorsing  attacks  on  tiie 
judiciary  made  by  Chee's  fellow  panelists,  dissident  Francis  Seow  and  academic 
Christopher  Lingle,  at  a  forum  held  in  the  United  States  in  September  1995.  The 
Government  did  not  attribute  any  statement  directly  attacking  tne  judiciary  or  en- 
dorsing the  views  of  Seow  and  Lingle  to  Chee  or  the  SDP.  Ratner,  government  par- 
liamentary leaders  said  that  the  failure  of  Chee  and  other  SDP  leaders  to  contradict 
the  attacks  made  by  Seow  and  Lingle  constituted  positive  assent  by  "clever  omis- 
sion." In  addition,  in  December  1996  Parliament  levied  fines  in  excess  of  $36,000 
against  Chee  and  three  other  SDP  members,  claiming  that  thev  had  committed  per- 
jury and  other  offenses  during  the  proceedings  of  a  special  parliamentary  committee 
examining  government  health  care  subsidies.  Parliament  accused  the  SDP  of  fab- 
ricating statistics  about  the  extent  of  these  subsidies  in  a  written  submission  and 
subsequent  testimony  to  the  committee.  Chee  and  his  colleagues  claimed  that  they 
had  submitted  some  incorrect  figures  to  the  committee  in  error  but  that  they  had 
not  intended  to  mislead  anyone. 

Although  there  is  no  legal  bar  to  the  participation  of  women  in  politics,  they  are 
underrepresented  in  Parliament.  There  are  no  female  ministers.  The  highest  rank- 
ing woman  in  the  Government  is  a  senior  minister  of  state.  Only  4  of  the  83  elected 
parliamentary  seats  are  occupied  by  women.  From  1994-96,  two  of  the  six  M.P.'s 
then  sitting  as  nominated  Members  were  women. 

There  is  no  restriction  in  law  or  practice  against  minorities  voting  or  participating 
in  politics.  Malays,  14  percent  of  tne  general  population,  currently  hold  13  percent 
of  tne  seats  in  Parliament.  Indians  make  up  7  percent  of  the  general  population  and 
hold  10  percent  of  the  seats  in  Parliament.  Minority  representation  in  Parliament 
is  in  part  the  result  of  laws  requiring  a  minority  representative  in  selected  group 
constituencies. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  no  nongovernmental  organizations,  with  the  exception  of  the  opposition 
political  parties,  that  actively  and  openly  monitor  alleged  human  rights  violations. 
While  the  Government  does  not  formally  prohibit  them,  efforts  by  any  Independent 
organizations  to  investigate  and  criticize  publicly  government  human  rights  policies 
would  face  the  same  obstacles  as  those  faced  by  political  parties.  In  the  past,  the 
Government  denied  that  international  organizations  had  any  competence  whatso- 
ever to  look  into  human  rights  matters  in  Singapore.  For  years  Amnesty  Inter- 
national had  not  been  allowed  to  visit  Singapore.  However,  in  August  the  Govern- 
ment allowed  observers  from  both  Amnesty  International  and  tne  International 
Conmiission  of  Jurists  to  observe  the  proceedings  in  the  defamation  suits  brought 
against  WP  Secretary  General  J.B.  Jeyaretnam  (see  Section  3). 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  contains  no  explicit  provision  providing  equal  rights  for  women 
and  minorities;  instead,  it  states  that  all  persons  are  equal  before  the  law  and  enti- 
tled to  the  equal  protection  of  the  law.  Mindful  of  Singapore's  history  of  intercom- 
munal  tension,  the  Government  takes  affirmative  measures  to  ensure  racial,  ethnic, 
religious,  and  cultural  nondiscrimination.  Social,  economic,  and  cultural  facilities 
are  available  to  all  citizens  regardless  of  race,  religion,  or  sex.  Minorities  actively 
participate  in  the  political  process,  and  are  well  represented  throughout  the  Govern- 
ment, except  in  sensitive  military  positions. 

Women. — There  is  no  evidence  of  any  widespread  practice  of  violence  or  abuse 
against  women.  Laws  such  as  the  Penal  Code  and  the  Women's  Charter  protect 
women  against  domestic  violence  and  sexual  or  physical  harassment.  A  battered 
wife  can  obtain  court  orders  barring  the  spouse  from  the  home  until  the  court  is 
satisfied  that  he  will  stop  his  aggressive  behavior.  The  Penal  Code  prescribes  man- 
datory caning  and  a  minimum  imprisonment  of  2  years  for  conviction  on  a  charge 
of  "outraging  modesty"  that  causes  the  victim  fear  of  death  or  injury. 


903 

Women  enjoy  the  same  legal  rights  as  men  in  most  areas,  including  civil  liberties, 
employment,  commercial  activity,  and  education.  The  Women's  Charter,  enacted  in 
1961,  gives  women,  among  other  rights,  the  right  to  own  property,  conduct  trade, 
and  receive  divorce  settlements.  Muslim  women  enjoy  most  of  the  rights  and  protec- 
tions of  the  Women's  Charter.  Muslim  men  may  practice  polygyny;  they  also  may 
divorce  unilaterally,  whereas  Muslim  women  may  not.  Polygyny  occurred  in  106  of 
4,121  marriages  registered  in  1996. 

Women  mdte  up  41  percent  of  the  labor  force  and  are  well  represented  in  many 
professional  fields,  but  they  still  hold  the  preponderance  of  low-wage  jobs  such  as 
clerks  and  secretaries.  As  a  result,  their  average  salary  levels  are  only  78  percent 
those  of  men.  Women  hold  few  leadership  positions  in  the  private  sector.  In  1962 
the  Government  instituted  the  principle  of  equal  pay  for  equal  woric  in  the  civil 
service  and  abolished  separate  salary  scales  in  1965. 

Some  areas  of  discrimination  remain.  Children  bom  overseas  to  female  citizens 
are  not  granted  citizenship  automatically,  while  those  of  male  citizens  are.  Female 
civil  service  employees  wno  are  married  do  not  receive  health  benefits  for  their 
spouses  and  dependents  as  do  male  government  employees.  Noncitizen  spouses  of 
female  citizens  are  unable  to  obtain  full  residency  rights,  but  the  Prime  Minister 
in  his  August  National  Day  speech  indicated  that  the  Government  would  review  this 
policy. 

Children. — The  Government  demonstrates  its  strong  commitment  to  children's 
rights  and  welfare  through  its  well-funded  systems  of  public  education  and  medical 
care.  Access  to  public  education  and  medical  care  is  equal  for  all  children  in  society. 
In  1993  the  Government  updated  and  reenacted  the  Children  and  Young  Persons 
Act.  This  revised  act  establishes  protective  services  for  those  children  who  are  or- 

Khaned,  abused,  disabled,  or  refractory,  and  it  creates  a  juvenile  court  system.  The 
linistry  of  Community  Development  works  closely  with  the  National  Council  for 
Social  Services  to  oversee  children's  welfare  cases.  Voluntary  organizations  operate 
most  of  the  homes  for  children,  while  the  Government  funds  up  to  50  percent  of  all 
child  costs,  which  includes  normal  living  expenses  and  overhead,  as  well  as  ex- 
penses for  special  schooling,  health  care,  or  supervisory  needs.  There  is  no  societal 
pattern  of  abuse  of  children. 

People  With  Disabilities. — The  Government  implemented  a  comprehensive  code  on 
barrier-free  accessibility  in  1990,  which  establisned  standards  for  facilities  for  the 
physically  disabled  in  all  new  buildings  and  mandated  the  progressive  upgrading  of 
older  structures.  Although  there  is  no  legislation  that  addresses  the  issue  of  equal 
opportunities  for  the  disabled  in  education  or  employment,  the  National  Council  of 
Social  Services,  in  conjunction  with  various  voluntary  associations,  provides  an  ex- 
tensive job  training  and  placement  program  for  the  disabled.  Informal  provisions  in 
education  have  permitted  university  matriculation  for  visually  impaired,  deaf,  and 

Shysically  disabled  students.  The  Government  allows  the  equivalent  of  a  $2,400  tax 
eduction  for  families  with  a  disabled  person. 

National/ Racial / Ethnic  Minorities. — The  Indian  and  Eurasian  communities  have 
achieved  economic  and  educational  success  rates  on  a  par  with  the  majority  Chi- 
nese. Malay  citizens,  however,  still  have  a  lower  standard  of  living,  although  the 
gap  has  diminished  in  recent  years.  Malays  remain  underrepresented  at  the  upper- 
most rungs  of  the  corporate  ladder,  and,  some  have  claimed,  in  certain  sectors  of 
government  and  the  military,  a  reflection  of  their  historically  lower  education  and 
economic  position,  but  also  a  result  of  employment  discrimination.  Advertisements 
sometimes  specify  ethnicity  and  gender  requirements  or  require  fluent  Mandarin 
speakers. 
The  Constitution  acknowledges  the  "special  position  of  Malays  as  the  indigenous 

f)eople  of  Singapore"  and  charges  the  Government  to  support  and  promote  their  "po- 
itical,  educational,  religious,  economic,  social,  and  cultural  interests."  A  Presidential 
Council  on  Minority  Rights  examines  all  pending  bills  to  ensure  that  they  are  not 
disadvantageous  to  a  particular  group.  It  also  reports  to  the  Government  on  matters 
affecting  any  racial  or  religious  community  and  investigates  complaints. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  all  citizens  with  the  right 
to  form  associations,  including  trade  unions.  Parliament  may,  however,  impose  re- 
strictions based  on  security,  public  order,  or  morality  grounds.  The  right  of  associa- 
tion is  delimited  by  the  Societies  Act  and  by  labor  and  education  laws  and  regula- 
tions. Under  these  laws  any  group  consisting  of  10  or  more  persons  is  required  to 
register  with  the  Government.  The  Trade  Unions  Act  authorizes  the  formation  of 
unions  with  broad  rights,  albeit  with  some  narrow  restrictions,  such  as  prohibitions 
on  the  unionization  of  uniformed  employees.  The  national  labor  force  comprises 
about  1.8  million  employees,  more  than  255,020  of  whom  are  organized  into  83  em- 


45-909    98-30 


904 

ployee  unions.  Seventy-five  of  these  unions,  representing  almost  73  percent  of  all 
unionized  workers,  are  affiliated  with  the  National  Trades  Union  Congress  (NTUC), 
an  umbrella  organization  that  has  a  close  relationship  with  the  Government. 

The  NTUC  unabashedly  acknowledges  that  its  interests  are  closely  linked  with 
those  of  the  ruling  PAP,  a  relationship  often  described  by  both  as  "symbiotic."  For 
example.  President  Ong  Teng  Cheong  served  simultaneously  as  NTOC  Secretary 
General  and  Second  Deputy  Prime  Minister  before  assuming  his  current  position  as 
President  in  1993.  His  successor  at  the  NTUC,  Lim  Boon  Heng,  was  formerly  Sec- 
ond Minister  for  Trade  and  Industry.  He  continues  as  Minister  without  Portfolio, 
and  also  now  has  a  seat  on  the  board  of  Singapore  Airlines.  In  addition,  several 
other  high-ranking  NTUC  officials  are  PAP  M.P."s.  NTUC  policy  prohibits  union 
members  who  actively  support  opposition  parties  from  holding  office  in  affiliated 
unions.  While  the  NTUC  is  financially  independent  of  the  PAP,  with  income  gen- 
erated by  NTUC-owned  businesses,  the  NTUC  and  PAP  share  the  same  ideology. 

Workers,  other  than  those  in  essential  services,  have  the  legal  right  to  strike  but 
rarely  do  so.  No  strikes  have  occurred  since  1986.  Most  disagreements  are  resolved 
through  informal  consultations  with  the  Ministry  of  Labor.  If  conciliation  fails,  the 
disputing  parties  usually  submit  their  case  to  the  Industrial  Arbitration  Court, 
which  has  representatives  from  labor,  management,  and  the  (jovemment.  These 
labor  dispute  mechanisms,  along  with  the  PAP/NTUC  nexus,  have  played  important 
roles  in  creating  nonconfrontational  labor  relations.  The  Government  also  attributes 
the  rarity  of  strikes  to  high  economic  growth  rates,  labor  shortages  in  recent  years 
that  have  sustained  regular  wage  increases,  the  popular  conviction  that  strikes 
would  undermine  Singapore's  attractiveness  to  investors,  and  a  cultural  aversion  to 
confrontation. 

The  NTUC  is  free  to  associate  regionally  and  internationally. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  is  a  nor- 
mal part  oi  management-labor  relations,  particularly  in  the  manuiacturing  sector. 
Agreements  between  management  and  laoor  are  renewed  every  2  to  3  years,  al- 
though wage  increases  are  negotiated  annually.  Collective  bargaining  agreements 
generally  follow  the  guidelines  issued  by  the  National  Wages  Council,  a  group  com- 
posed of  labor,  management,  and  government  representatives,  that  makes  annual 
recommendations  regarding  salary  and  bonus  packages.  The  Industrial  Relations 
Act  makes  it  an  offense  to  discriminate  against  anyone  who  is  or  proposes  to  become 
a  member  or  an  officer  of  a  trade  union.  The  offense  is  punishable  by  a  fine  equiva- 
lent to  $1,414  and/or  a  12-month  prison  sentence.  Labor  laws  and  regulations  are 
enforced  uniformly. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Government  prohibits  forced 
and  bonded  labor  and  enforces  this  provision  effectively  (see  Section  6.d.).  Under 
sections  of  the  Destitute  Persons  Act,  any  indigent  person  may  be  required  to  reside 
in  a  welfare  home  and  engage  in  suitable  work.  The  International  Labor  Organiza- 
tion (ILO)  has  criticized  the  coercive  terms  of  this  act,  which  includes  penal  sanc- 
tions, as  not  in  compliance  with  the  ILO  Convention  on  Forced  Labor,  ratified  by 
Singapore  in  1965.  The  Government  maintains  that  the  act  is  social  legislation  pro- 
viding for  the  shelter,  care,  and  protection  of  destitute  persons;  and  that  work  pro- 
grams are  designed  to  reintegrate  individuals  into  society. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  Gov- 
ernment enforces  the  Employment  Act,  which  prohibits  the  employment  of  children 
under  age  12.  A  child  over  age  12  and  under  age  14  must  receive  written  permission 
from  the  Commissioner  for  Labor  for  "light  work  suited  to  his  capacity  in  a  non- 
industrial  undertaking."  There  are  few  such  applications,  and  the  Commissioner  for 
Labor  has  never  approved  one.  Employers  must  notify  the  Ministry  of  Labor  within 
30  days  of  hiring  a  child  between  the  ages  of  14  and  16  and  must  forward  medical 
certification  to  the  Commissioner.  The  incidence  of  children  taking  up  permanent 
employment  is  low,  and  abuses  are  almost  nonexistent.  The  Government  prohibits 
forced  and  bonded  labor  and  enforces  this  provision  effectively  (see  Section  6.c.). 

Ministry  of  Labor  regulations  prohibit  night  employment  of  children  and  restrict 
industrial  work  for  children  between  the  ages  of  14  and  16  to  no  more  than  7  hours 
a  day.  Children  may  not  work  on  commercial  vessels,  with  any  machinery  in  motion, 
on  five  electrical  apparatus  lacking  effective  insulation,  or  in  any  underground  job. 
The  Ministry  of  Laoor  effectively  enforces  these  laws  and  regulations. 

e.  Acceptable  Conditions  of  Work. — There  are  no  laws  or  regulations  on  minimum 
wages  or  unemployment  compensation.  The  labor  market  offers  relatively  high 
wages  and  good  working  conditions.  The  Employment  Act  sets  the  standfird  legal 
workweek  at  44  hours  and  provides  for  one  rest  day  each  week.  The  Ministry  of 
Labor  effectively  enforces  laws  and  regulations  establishing  working  conditions  and 
comprehensive  occupational  safety  and  health  laws.  Enforcement  procedures,  cou- 


905 

pled  with  the  promotion  of  educational  and  training  programs,  have  reduced  the  fre- 
quency of  job-related  accidents  by  a  third  over  the  past  decade.  While  a  worker  has 
me  ri^t  under  the  Employment  Act  to  remove  himself  from  a  dangerous  work  situ- 
ation, his  right  to  continued  employment  depends  upon  an  investigation  of  the  cir- 
cumstances by  the  Ministry  of  Labor. 

Because  of  a  domestic  labor  shortage,  approximately  400,000  foreign  workers  (ac- 
cording to  government  statistics)  are  employed  legally,  20  percent  of  the  total  work 
force.  There  are  no  reliable  estimates  of  the  number  of  foreigners  working  illegally. 
Most  foreign  workers  are  unskilled  laborers  and  household  servants  from  other 
Asian  countries.  Foreign  workers  face  no  legal  wage  discrimination.  However,  they 
are  concentrated  in  low-wage,  low-skill  jobs  and  are  often  required  to  work  long 
hours.  Foreign  construction  workers  often  live  in  substandard  housing  on  construc- 
tion sites.  There  are  about  90,000  foreign  maids,  mainly  from  the  Philippines,  Indo- 
nesia, and  Sri  Lanka.  Maids,  foreign  or  domestic,  are  not  covered  under  tne  Employ- 
ment Act.  Most  work  6  days  per  week  from  very  early  morning  until  late  in  the 
evening.  Many  contracts  allow  only  1  day  off  per  month.  Contracts  often  stipulate 
that,  even  when  she  is  ostensibly  not  working,  a  maid  must  remain  on  the  premises 
except  for  official  duties  or  on  her  day  off.  According  to  Ministry  of  Labor  statistics, 
wages  average  around  $230  per  month  (not  including  free  room  and  board).  Maids 
must  often  put  aside  most  or  all  of  their  wages  for  the  first  several  months  of  em- 
ployment to  reimburse  their  placement  agents.  Work  permits  for  low-wage  workers 
stipulate  the  cancellation  of  such  permits  if  workers  apply  to  marry  or  marry  a 
Singapore  citizen  or  permanent  resident.  Maids  only  occasionally  complain  since 
they  find  the  wages  and  working  conditions  to  be  generally  acceptable.  Although 
many  lower  paid  workers  not  covered  under  the  Employment  Act  are  ineligible  for 
the  limited  free  legal  assistance  that  is  available  to  citizens,  the  Ministry  of  Labor 
also  offers  mediation  services  for  all  employees,  foreign  or  local.  The  (jovemment 
allows  complainants  to  seek  legal  redress  and  takes  a  firm  stand  against  employers 
who  abuse  their  domestic  servants.  The  authorities  have  fined  or  imprisoned  em- 
ployers who  have  abused  domestics,  often  with  great  publicity. 


SOLOMON  ISLANDS 

Solomon  Islands,  with  its  approximately  400,000  people,  is  an  archipelago  stretch- 
ing over  840  miles  in  the  South  Pacific.  Its  government  is  a  modified  parliamentary 
system  consisting  of  a  single-chamber  legislative  assembly  of  50  members.  Executive 
authority  lies  with  the  Prime  Minister  and  his  Cabinet.  The  Prime  Minister,  elected 
by  a  majority  vote  of  Parliament,  selects  his  own  Cabinet.  Political  legitimacy  rests 
on  direct  election  by  secret  ballot.  There  have  been  five  general  elections  since  inde- 
pendence in  1978,  most  recently  in  August.  The  judiciary  is  independent. 

A  police  force  of  about  500  men  under  civilian  control  is  responsible  for  law  en- 
forcement. There  were  occasional  reports  of  police  abuse  of  human  rights. 

About  85  percent  of  the  population  engages  to  some  extent  in  subsistence  farming, 
obtaining  food  by  gardening  and  fishing,  and  has  little  involvement  in  the  cash  econ- 
omy. Approximately  10  to  15  percent  of  the  woricing  population  (15  years  and  older) 
are  engaged  in  nonsubsistence  production.  Although  exports,  particularly  of  unproc- 
essed logs,  have  boomed,  the  number  of  wage  earners  has  remained  unchanged  for 
the  past  several  years,  despite  high  population  growth. 

Most  basic  individual  rights  are  provided  for  in  the  Constitution,  respected  by  au- 
thorities, and  defended  by  an  indef)endent  judiciary.  Discrimination  and  violence 
against  women  remain  problems,  and  the  Government  on  occasion  has  imposed  re- 
strictions on  the  media.  There  is  a  constitutionally  provided  ombudsman  to  look  into 
and  provide  protection  against  improper  or  unlawful  administrative  treatment. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
These  practices  are  prohibited  by  law.  Complaints  of  excessive  use  of  force  by  police 
when  making  arrests,  as  well  as  other  complaints  about  police  behavior,  are  handled 
by  the  police  s  internal  investigations  office  or  by  the  courts.  There  were  no  known 
complaints  of  excessive  use  of  force  by  the  police  in  1997. 


906 

Prison  conditions  meet  minimum  international  standards.  A  new  prison  complex, 
slated  for  completion  in  1997,  was  to  have  provided  separate  facilities  for  short-,  me- 
dium-, and  long-term  prisoners,  as  well  as  for  juvenile  offenders.  It  has  not  yet  been 
completed.  Since  there  are  no  human  rights  organizations  in  Solomon  Islands,  the 
question  of  whether  the  Government  would  permit  visits  by  human  rights  monitors 
has  never  arisen.  A  government-appointed  Committee  of  Mercy,  comprised  of  church 
and  social  leaders,  recommends  pardons  for  rehabilitated  prisoners. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — There  was  no  evidence  of  politically  moti- 
vated arrests  or  detentions.  Exile  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary and  it  is  independent  in  practice. 

The  judicial  system  consists  of  a  High  Court  and  magistrates'  courts.  Accused  per- 
sons are  entitled  to  counsel.  The  law  provides  for  a  judicial  determination  of  the  le- 
gality of  arrests.  Officials  found  to  have  violated  civil  liberties  are  subject  to  fines 
and  jail  sentences. 

There  were  no  reiports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — In  addi- 
tion to  legal  provisions,  the  traditional  culture  provides  strong  protection  against 
these  types  oi  abuses.  A  constitutionally  provided  ombudsman,  with  the  power  of 
subpoena,  can  investigate  complaints  of  official  abuse,  mistreatment,  or  unfair  treat- 
ment. The  Ombudsman's  Office  did  not  report  any  incidents  involving  interference 
with  these  rights.  While  the  Ombudsman's  ofiice  has  potentially  far-ranging  powers, 
it  is  limited  by  a  shortage  of  investigators  and  other  resources. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Government  generally  respects  the  con- 
stitutional provisions  for  freedom  of  speech  and  of  the  press.  The  media  comprise 
the  Solomon  Islands  Broadcasting  Corporation  (SIBC),  a  statutory  body  that  comes 
directly  under  the  Prime  Minister's  office  and  whose  radio  broadcasts  are  heard 
throughout  the  country;  a  privately  owned  FM  radio  station;  and  three  privately 
owned  weekly  or  semiweekly  newspapers.  Given  the  high  rate  of  illiteracy,  the  SIBC 
is  more  influential  than  the  print  media.  The  Department  of  Information  in  the 
Prime  Minister's  office  publishes  a  monthly  newspaper  which  is  strongly 
progovemment.  At  least  two  nongovernmental  organizations  (NGO's)  publish  peri- 
odic news  journals;  their  environmental  reporting  frequently  is  critical  of  the  Gov- 
ernment's logging  policy  and  foreign  logging  companies' practices.  In  addition  to  the 
three  establishea  newspapers,  a  newspaper  in  Solomon  Islands  Pidgin,  the  language 
understood  by  most  of  the  population,  began  semiweekly  publication  in  late  1996. 
A  private  company  has  been  given  a  license  to  begin  limited  television  operations 
in  1997. 

The  state-owned  SIBC  is  relatively  bias  free.  A  radio  call-in  show  on  SIBC  critical 
of  the  performance  of  the  Government  in  power  prior  to  the  August  elections  was 
reportedly  forced  to  terminate  its  broadcast  part  way  through  the  program.  In  1996 
the  Prime  Minister  banned  SIBC  from  broadcasting  any  statements  by  the  Honiara- 
based  spokesman  of  the  Papua  New  Guinea  secessionist  movement,  the  Bougainville 
Revolutionary  Army  (BRA).  This  action  followed  demands  from  the  Papua  New 
Guinea  Government  that  the  Solomon  Islands  not  allow  BRA  rebels  to  operate  in 
its  territory.  It  is  not  clear  whether  this  ban  is  still  in  effect  or  has  been  quietly 
lifted.  Also  in  1996,  following  a  news  report  that  the  Government  believed  un- 
founded and  prejudicial  to  the  national  security,  the  SIBC  governing  board  directed 
that  all  news  and  current  affairs  jprograms  have  executive  management  clearance 
before  being  broadcast.  Several  SIBC  newswriters  and  producers  subsequently 
staged  a  short  sit-in  to  protest  against  management  statements  that  adversely  re- 
flected on  their  professionalism.  The  Solomon  Islands  Media  Association  also  re- 
acted strongly,  saying  that  the  prescreening  of  news  broadcasts  was  unnecessary. 
The  requirement  for  executive  clearance  has  oeen  lifted. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  association,  and  this  right  is  freely  exercised.  Demonstrators  must  ob- 
tain permits,  but  permits  are  not  known  to  have  been  denied  on  political  grounds. 

c.  Freedom  of  Religion. — The  law  provides  for  freedom  of  religion,  and  the  Govern- 
ment respects  this  provision  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  places  neither  legal  nor  administrative  restrictions  on 
the  movement  of  citizens  within  or  out  of  the  country.  Native-bom  citizens  may  not 
be  deprived  of  citizenship  on  any  grounds. 

The  Government  provides  first  asylum  to  approximately  1,000  to  2,000  people 
from  Papua  New  Guinea's  Bougainville  Island,  who  fled  the  conflict  there  several 
years  earlier.  Although  they  have  not  been  granted  formal  refugee  status,  they  have 


907 

been  allowed  to  remain.  Most  reside  in  Honiara  with  friends,  while  several  hundred 
live  in  Red  Cross-administered  care  centers  elsewhere. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government  through  periodic  free  elec- 
tions. Since  independence  in  1978,  there  have  been  five  parliamentary  elections, 
most  recently  In  August,  and  several  elections  for  provincial  and  local  councils.  On 
four  occasions  changes  of  government  resulted  from  either  parliamentary  votes  of 
no  confidence  or  the  resignation  of  the  PVime  Minister.  Suftrage  is  universal  over 
ISyears  of  age. 

Traditional  male  dominance  has  limited  the  role  of  women  in  government.  Al- 
though 14  women  ran  for  Parliament  in  the  August  elections,  only  1,  the  previous 
incumbent  and  sole  woman  in  Parliament,  was  elected. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
While  there  are  no  restrictions  on  the  formation  of  local  organizations  to  monitor 
and  report  on  human  ri^ts,  none  has  been  established  to  date.  There  were  no 
known  requests  for  investigation  by  outside  human  rights  organizations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  that  no  person — regardless  of  race,  place  of  origin,  po- 
litical opinions,  color,  creed  or  disabilities — shall  oe  treated  in  a  discriminatory  man- 
ner in  respect  of  access  to  public  places.  The  Constitution  fiirther  prohibits  any  laws 
which  would  have  discriminatory  eflects,  and  provides  that  no  person  should  be 
treated  in  a  discriminatory  manner  by  anyone  acting  in  an  official  capacity.  Despite 
constitutional  and  legal  protections,  women  remain  the  victims  of  discrimination  in 
this  tradition-based  society.  Due  to  high  rates  of  unemployment,  there  are  a  limited 
number  of  jobs  available  to  the  disabled. 

Women. — While  actual  statistical  data  are  scarce,  incidents  of  wife  beating  £ind 
wife  abuse  appear  to  be  common.  In  the  rare  cases  that  are  reported,  charges  are 
often  dropped  by  the  women  before  the  court  appearance  or  are  settled  out  of  court. 
Police  are  reluctant  to  interfere  in  what  they  perceive  as  domestic  disputes.  In  addi- 
tion, many  of  the  laws  benefiting  women  derive  from  the  British  tradition  and  are 
viewed  by  many  Solomon  Islanders  as  "foreign  laws"  not  reflective  of  their  own  cus- 
toms and  traditions.  The  magistrates'  courts  deal  with  physical  abuse  of  women  as 
with  any  other  assault,  although  prosecutions  are  rare. 

The  law  accords  women  equal  legal  rights.  However,  in  this  traditional  society 
men  are  dominant,  and  women  are  limited  to  customary  family  roles.  This  situation 
has  prevented  women  from  taking  more  active  roles  in  economic  and  political  life. 
A  shortage  of  employment  opportunities  throughout  the  country  has  inhibited  the 
entry  of  women  into  the  work  force.  The  majority  of  women  are  illiterate;  this  is 
attributed  in  large  part  to  cultural  barriers.  According  to  a  1995  United  Nations  De- 
velopment Program  (UNDP)  report  on  human  development,  Solomon  Islands  ranked 
very  low  on  the  gender  empowerment  measure  that  examines  women's  ability  to 

Rarticipate  in  economic  and  political  life.  The  National  Council  of  Women  and  other 
fGO's  attempt  to  make  women  more  aware  of  their  legal  rights  through  seminars, 
workshops  and  other  activities.  The  government's  Women  Development  Division 
also  addresses  women's  issues. 

Children. — Within  the  limits  of  its  resources,  the  Government  is  committed  to  the 
welfare  and  protection  of  the  rights  of  children.  There  is  no  compulsory  education, 
and,  according  to  some  estimates,  only  60  percent  of  school  age  children  have  access 
to  primary  education;  the  percentages  of  tnose  attending  secondary  and  tertiary  in- 
stitutions are  much  smaller.  Children  are  respected  ana  protected  within  the  tradi- 
tional extended-family  system,  in  accordance  with  a  family's  financial  resources  and 
access  to  services.  As  a  result,  virtually  no  children  are  homeless  or  abandoned.  Al- 
though some  cases  of  child  abuse  are  reported,  there  is  no  societal  pattern  of  abuse. 
The  Constitution  grants  children  the  same  general  rights  and  protection  as  adults. 
Existing  laws  are  designed  to  protect  children  from  sexual  abuse,  child  labor,  and 
neglect. 

People  With  Disabilities. — There  is  no  law  or  national  policy  on  the  disabled,  and 
no  legislation  mandates  access  for  the  disabled.  Their  protection  and  care  are  left 
to  the  traditional  extended  family  and  nongovernmental  organizations.  With  high 
unemployment  countrywide  and  lew  jobs  available  in  the  formal  sector,  most  dis- 
abled persons,  particularly  those  in  rural  areas,  do  not  find  work  outside  the  family 
structure.  The  Solomon  Islands  Red  Cross  continued  to  conduct  private  fund-raising 
efforts  to  build  a  new  national  center  for  disabled  children. 


908 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  implicitly  recognizes  the  right  of 
workers  to  form  or  join  unions,  to  choose  their  own  representatives,  to  determine 
and  pursue  their  own  views  and  policies,  and  to  engage  in  political  activities.  The 
courts  have  confirmed  these  rights.  Only  about  10  to  15  percent  of  the  population 
participate  in  the  formal  sector  of  the  economy.  Approximately  60  to  70  percent  of 
wage  earners  are  organized  (90  percent  of  employees  in  the  public  sector  and  about 
50  percent  of  those  in  the  private  sector). 

Although  the  law  permits  strikes  unions  seldom  resort  to  them,  preferring  to  ne- 
gotiate. Disputes  are  usually  referred  quickly  to  the  Trade  Disputes  Panel  (TDP)  for 
arbitration,  either  before  or  during  a  strike.  In  practice,  the  small  percentage  of  the 
work  force  in  formal  employment  means  that  employers  have  ample  replacement 
workers  if  disputes  are  not  resolved  quickly.  Employees,  however,  are  protected 
from  arbitrary  dismissal  or  lockout  while  the  TDP  is  deliberating. 

Unions  are  free  to  afiiliate  internationally,  and  the  largest  trade  union,  the  Solo- 
mon Islands'  National  Union  of  Workers,  is  afiiliated  with  the  World  Federation  of 
Trade  Unions,  the  South  Pacific  Oceanic  Council  of  Trade  Unions,  and  the  Common- 
wealth Trade  Union  Congress. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — ^The  Trade  Disputes  Act  of 
1981  provides  for  the  rights  to  organize  and  to  bargain  collectively  and  unions  exer- 
cise these  rights  frequently. 

Wages  and  conditions  of  employment  are  determined  by  collective  bai^ainlng.  If 
a  dispute  between  labor  and  management  cannot  be  settled  between  the  two  sides, 
it  is  referred  to  the  TDP  for  arbitration.  The  three-member  TDP,  comprising  a  chair- 
man appointed  by  the  judiciary,  a  labor  representative,  and  a  business  representa- 
tive, is  independent  and  neutral. 

The  law  protects  workers  against  antiunion  activity,  and  there  are  no  areas  where 
union  activity  is  officially  discouraged. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
labor,  including  forced  and  bonded  labor  by  children,  and,  except  as  part  of  a  court 
sentence  or  oroer,  this  prohibition  is  observed. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
forbids  child  labor  by  children  under  the  age  of  12,  except  light  agriculture  or  do- 
mestic work  performed  in  the  company  of  parents.  Children  under  age  15  are  barred 
from  work  in  industry  or  on  ships;  those  under  age  18  may  not  work  underground 
or  in  mines.  The  Labor  Division  of  the  Ministry  oi  Commerce,  Trade,  and  Industry 
is  responsible  for  enforcing  child  labor  laws.  Given  low  wages  and  high  unemploy- 
ment, there  is  little  incentive  to  employ  child  labor. 

Forced  and  bonded  labor  by  children  is  constitutionally  prohibited  and  is  not 
known  to  occur  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  minimum  hourly  wage  rate  was  raised  in 
1996  from  its  1988  rate  of  $0.22  (0.74  Solomon  Islands  dollars)  to  $0.42  (1.50  Solo- 
mon Islands  dollars)  for  all  workers  except  those  in  the  fishing  and  agricultural  sec- 
tors, who  now  receive  $0.34  (1.20  Solomon  Islands  dollars).  Even  at  the  new  rate, 
the  legal  minimum  wage  is  not  sufiicient  to  support  an  urban  family  living  entirely 
on  the  cash  economy.  However,  most  families  are  not  dependent  solely  on  wages  for 
their  livelihoods. 

The  Labor  Act  of  1969,  as  amended,  and  the  Employment  Act  of  1981,  as  well 
as  other  laws,  regulate  premium  pay,  sick  leave,  the  right  to  paid  vacations,  and 
other  conditions  of  service.  The  standard  workweek  is  45  hours  and  is  limited  to 
6  days  per  week.  There  are  provisions  for  premium  pay  for  overtime  and  holiday 
work  and  for  maternity  leave. 

Both  an  active  labor  movement  and  an  independent  judiciary  ensure  widespread 
enforcement  of  labor  laws  in  major  state  and  private  enterprises.  The  Commissioner 
of  Labor,  the  Public  Prosecutor,  and  the  police  are  responsible  for  enforcing  labor 
laws.  However,  they  usually  react  to  complaints  rather  than  routinely  monitoring 
adherence  to  the  law.  The  extent  to  which  the  law  is  enforced  in  smaller  establish- 
ments and  in  the  subsistence  sector  is  unclear.  Safety  and  health  laws  appear  to 
be  adequate.  Malaria  is  endemic  in  Solomon  Islands  and  affects  the  health  of  many 
employees.  Agricultural  workers  have  a  high  risk  of  contracting  malaria. 


THAILAND 

Thailand  is  a  democratically  governed  constitutional  monarchy  that  until  1992 
had  a  history  of  military  coups  and  powerful  bureaucratic  and  military  influences 


909 

on  political  life.  The  King  exerts  strong  informal  influence  and  has  the  constitu- 
tionally mandated  power,  to  date  never  used,  to  veto  legislation  (requiring  two- 
thirds  of  Parliament  to  override)  or  to  dissolve  the  elected  House  of  Representatives. 
The  country  adopted  a  new  constitution  in  October.  The  coalition  government,  led 
by  Prime  Minister  Chuan  Leekpai's  Democrat  Party,  was  formed  in  November  fol- 
lowing the  resignation  of  prime  minister  Chavalit  Yongchaiyudh.  The  judiciary  is 
independent  but  subject  to  corruption. 

The  security  apparatus  has  wide-ranging  legal  powers,  derived  primarily  from 
past  militarily  controlled  administrations.  Military  leaders  still  have  an  informal 
out  influential  role  in  internal  politics.  Since  1992  the  armed  forces  have  become 
increasingly  professional  and  increasingly  subject  to  civilian  control.  The  police  have 
primary  responsibility  for  internal  security  and  law  enforcement.  Elements  of  both 
the  armed  forces  and  the  Royal  Thai  Police  have  a  reputation  for  corruption.  Some 
members  of  the  security  forces  committed  serious  human  rights  abuses. 

Thailand  is  a  newly  industrializing  country  with  a  strong  free  enterprise  system. 
Serious  economic  decline  during  the  year  lowered  national  income  sharply  from  its 
1996  level  of  approximately  $3,000  per  capita.  The  Government  generally  provides 
protection  for  individual  economic  interests,  including  property  rights.  A  lack  of 
transparency  in  many  governmental  processes  leads  in  some  cases  to  discriminatory 
commercial  treatment  for  favored  firms  and  institutions.  Although  industrial  and 
service  sectors  contribute  more  than  half  the  gross  national  product,  approximately 
60  percent  of  the  population  is  rural  and  agrarian.  The  Government's  efforts  to  close 
the  economic  gap  between  the  urban  and  rural  populations  have  been  lai-gely  inef- 
fective. Rural  dissatisfaction  with  land  rights  ana  tenure  was  the  theme  of  large 
gatherings  organized  by  the  "Assembly  of  the  Poor"  in  Bangkok. 

ITie  Government  generally  respects  the  human  rights  of  its  citizens,  but  some  sig- 
nificant problems  remain.  Police  officers  killed  many  criminal  suspects  while  at- 
tempting to  apprehend  them,  and  police  and  government  leaders  tacitly  appeared 
to  endorse  excessive  violence  in  the  treatment  of  narcotics  trafficking  suspects.  The 
Government  remained  reluctant  to  prosecute  vigorously  those  members  of  security 
forces  who  were  accused  of  extrajuaicial  killings.  Police  occasionally  beat  suspects. 
An  ingrained  culture  of  corruption  persists  in  many  parts  of  the  civilian  bureaucracy 
and  the  security  forces.  Routine  demands  for  bribes  undermine  the  rule  of  law  and 
permit  a  climate  of  impunity  for  various  illegal  activities,  such  as  income  tax  eva- 
sion, gambling,  trafficking,  goods  smuggling,  and  prostitution.  Enforcement  of  a 
broad  range  of  laws  and  regulations  by  police  continues  to  be  noticeably  lax. 

Conditions  in  immigration  detention  facilities  are  poor,  and  the  prolonged  deten- 
tion of  aliens  is  a  problem.  The  Chavalit  government  on  occasion  sought  to  discour- 
age free  speech,  particularly  with  regard  to  the  reporting  of  deteriorating  economic 
conditions;  journalists  continue  to  practice  some  self-censorship.  While  the  Govern- 
ment generally  continued  to  adhere  to  its  policy  of  providing  asylum  to  those  fleeing 
persecution  from  neighboring  countries,  there  were  several  instances  of  their  invol- 
untary return  to  Burma  and  denial  of  asylum  to  members  of  Burmese  ethnic  minori- 
ties by  military  and  civilian  authorities.  Legal  and  societal  discrimination  against 
women,  violence  against  women  and  children,  prostitution,  and  illegal  and  forced 
child  labor  persist.  Societal  discrimination  against  religious  and  ethnic  minorities  is 
a  problem.  The  Government  imposes  restrictions  on  the  movement  of  tribal  people. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings.  However,  in  a  climate  of  increasingly  prolific  and  violent  narcotics  traffick- 
ing, some  police  units  continued  to  use  deadly  force  against  some  suspects  during 
arrest  attempts.  While  there  were  no  cases  in  which  police  killed  suspects  after  ap- 
prehension, public  statements  by  several  high-ranking  police  figures  implied  en- 
dorsement of^  the  use  of  excessive  force.  Credible  reports  indicated  that  at  least  35 
criminal  suspects  were  killed  during  arrest  in  the  first  half  of  the  year;  a  significant 
number  of  these  were  suspected  of  narcotics  trafficking. 

One  death  occurred  under  particularly  suspicious  circumstances:  In  January  a 
handcufied  robbery  suspect  hung  himself  in  his  prison  cell.  The  suspect  was  found 
in  a  sitting  position  with  a  shoelace  tied  around  his  neck. 

The  Government  prosecutes  few  police  or  military  officers  accused  of  extrajudicial 
killings.  During  the  year,  no  police  officers  were  convicted  of  wrongdoing  in  deaths 
during  arrest.  Routine  exoneration  of  police  oflicers  contributes  to  a  climate  of  impu- 
nity that  is  a  significant  factor  in  preventing  any  major  change  in  police  behavior. 
This  also  discourages  relatives  of  the  deceased  from  pressing  lor  prosecution.  Fami- 
lies rarely  take  advantage  of  a  provision  in  the  law  that  allows  personal  suits 


910 

against  police  ofiicers  for  criminal  action  during  arrest.  During  the  initial  police  in- 
quiry, most  police  investigations  routinely  determine  that  no  wrongful  action  was 
taken  on  the  part  of  the  police;  judges  generally  follow  the  prosecutors  recommenda- 
tions. K  pursued  by  the  family,  the  case  is  handled  by  the  same  office,  in  some  in- 
stances by  the  same  prosecutor,  who  has  already  ruled  that  no  criminal  action  oc- 
curred. Tnere  is  no  information  to  determine  how  many  cases  are  settled  out  of 
court.  But  in  cases  in  which  suits  are  filed,  the  official  charged  often  compensates 
the  family  of  the  deceased,  and  the  suit  is  waived.  However,  some  lawsuits  were 
filed  during  the  year  and  are  under  consideration. 

There  were  no  developments  in  the  1996  killing  of  environmental  protester 
Thong-in  Kaew-Wattha  and  of  farmer  activist  Joon  Bhoonkhuntod.  There  were  no 
developments  in  the  unsolved  1995  murder  of  conservation  activist  Winai 
Chantamanao. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
There  were  no  developments  in  the  1994  disappearance  of  environmental  activist 

Suchada  Khamfubutra  or  the  1991  disappearance  of  Labor  Congress  of  Thailand 
president  Thanong  Po-an. 

The  number  of  prodemocracy  protesters  officially  listed  as  missing  following  the 
military  suppression  of  demonstrations  in  May  1992  was  reduced  to  38  after  one  in- 
dividual was  located  alive.  Her  disappearance  had  not  previously  been  related  to  po- 
liticed  activity.  Most,  if  not  all,  are  presumed  by  family  members  and  nongovern- 
mental organizations  (NGO's)  to  be  dead. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Criminal  Code  forbids  cruel,  inhuman,  or  degrading  treatment  or  punishment. 
However,  there  were  credible  reports  that  police  occasionally  beat  criminal  suspects 
in  order  to  coerce  confessions.  The  Government  made  no  visible  efforts  to  prosecute, 
convict,  and  punish  those  responsible  or  those  who  had  committed  abuses  in  past 
years. 

IMson  conditions  are  Spartan  but  do  not  in  general  threaten  the  life  or  health 
of  inmates.  Sleeping  accommodations  and  access  to  medical  care  are  areas  of  con- 
cern that  require  continued  attention  to  meet  minimum  international  standards. 

Some  prison  guards  resort  to  physical  abuse  of  both  Thai  and  foreign  prisoners 
in  response  to  disciplinary  problems.  Credible  sources  reported  in  past  years  that 
prisoners  caught  in  escape  attempts  were  severely  beaten — sometimes  to  death.  Sol- 
itary confinement  and  heavy  leg  irons  are  sometimes  used  to  punish  difficult  pris- 
oners. Medical  care  in  prisons  is  inadequate.  To  care  for  a  total  prison  population 
of  112,000,  the  Corrections  Department  employs  only  10  full-time  and  11  part-time 
doctors  and  4  dentists. 

In  April,  four  Lao  women  being  held  in  the  Rayong  district  police  station  were 
raped  by  male  inmates  over  a  4-day  period.  Although  regulations  mandate  that  pris- 
oners be  separated  by  gender,  overcrowding  led  police  to  place  these  women  in  a 
sub-cell  to  which  male  prisoners  had  access.  The  Government  responded  to  this  inci- 
dent by  transferring  three  police  officers  to  inactive  posts.  Three  other  police  Lieu- 
tenant Colonels  are  facing  cfisciplinary  investigation. 

Access  to  prisoners  is  not  restricted,  and  the  Government  permits  visits  by  human 
rights  monitors. 

Conditions  at  Bangkok's  Suan  Phlu  Immigration  Detention  Center  (IDC)  were 
poor,  as  immigration  facilities  throughout  the  country  were  overwhelmed  by  a  sub- 
stantial influx  of  undocumented  workers  from  the  southern  border  area.  Overcrowd- 
ing and  shortages  of  food  and  water  were  severe,  especially  when  the  IDC's  popu- 
lation nearly  doubled  to  2,600.  Conditions  in  provincial  detention  centers  are  signifi- 
cantly worse,  and  many  detainees  transferred  to  Bangkok  arrived  in  a  debilitated 
state.  The  Government  responded  by  allocating  funds  for  six  additional  provincial 
facilities,  each  with  a  capacity  of  roughly  300  detainees.  Immigration  detention  fa- 
cilities are  not  administered  by  the  Department  of  Corrections  and  are  not  subject 
to  many  of  the  regulations  that  govern  the  regular  prison  system.  Some  IDC  detain- 
ees who  cannot  afford  repatriation  have  been  held  for  several  years. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — With  few  exceptions,  including  crimes  in 
progress,  the  law  requires  that  police  officers  making  an  arrest  have  warrants,  and 
authorities  respect  this  provision  in  practice.  Arrested  persons  must  be  informed  of 
the  likely  charges  against  them  immediately  after  arrest.  Police  must  submit  crimi- 
nal cases  to  prosecutors  for  the  filing  of  charges  in  court  within  48  hours  of  arrest. 
While  detainees  have  a  right  to  have  a  lawyer  present  during  questioning,  they  are 
often  not  informed  of  this  right.  Foreign  prisoners  are  often  forced  to  sign  confes- 
sions and  stand  trial  without  oenefit  of  a  translator. 

There  is  a  functioning  bail  system.  The  only  legal  basis  for  detention  by  the  police 
without  specific  charges  for  long  periods  (up  to  480  days)  is  the  Anti-Communist  Ac- 
tivities Act,  which  was  not  invoked  during  the  year. 


911 

As  of  October,  there  were  125,069  prison  inmates,  of  which  10,713  were  held  in 
special  prisons  for  those  accused  of  narcotics  violations.  Approximately  21  percent 
01  the  total  prison  population  were  pretrial  detainees.  Pretrial  detainees  are  not 
usually  segregated  from  the  general  prison  population. 

Of  the  12  Burmese  activists  held  in  the  Special  Detention  Center  in  1996,  four 
were  released.  Eight  remain  in  custody  for  violating  the  regulations  of  the 
Ratchaburi  Refugee  Camp.  The  longest-held  of  the  eight  has  been  detained  since 
June  1994.  None  of  the  eight  has  a  scheduled  trial. 

Exile  is  not  used  as  a  means  of  political  control. 

e.  Denial  of  Fair  Public  Trial. — ^The  Constitution  provides  for  an  independent  judi- 
ciary, and,  although  generally  regarded  as  independent,  the  judiciary  has  a  reputa- 
tion for  venality. 

Tlie  civilian  judicial  system  has  three  levels  of  courts:  Courts  of  first  instance, 
courts  of  appeal,  and  the  Supreme  Court.  A  separate  military  court  hears  criminal 
and  civil  cases  pertaining  to  military  personnel  as  well  as  those  brought  during  peri- 
ods of  martial  law.  There  is  no  ngnt  to  appeal  military  court  decisions.  Islamic 
(Shari'a)  courts  provide  due  process  and  hear  only  civil  cases  concerning  members 
of  the  Muslim  mmority. 

The  Constitution  provides  for  the  presumption  of  innocence.  Access  to  courts  or 
administrative  bodies  to  seek  redress  is  provided  for  and  practiced. 

There  is  no  trial  by  jury.  Trials  for  misdemeanors  are  decided  by  a  single  judge, 
and  more  serious  cases  require  two  or  more  judges.  While  most  trials  are  public, 
the  court  may  order  a  trial  closed.  This  is  done  most  often  in  cases  touching  on  na- 
tional security  or  the  royal  family.  Career  civil  service  judges  preside  over  the 
courts.  Judicial  appointments  and  structures  are  not  subject  to  parliamentary  re- 
view. 

Defendants  tried  in  ordinary  criminal  courts  enjoy  a  broad  range  of  legal  rights, 
including  access  to  a  lawyer  of  their  choosing.  A  government  program  provides  free 
legal  advice  to  the  poor,  but  indigent  defendants  are  not  automatically  provided 
with  counsel  at  public  expense.  Most  free  legal  aid  comes  from  private  groups,  in- 
cluding the  Thai  Lawyers'  Association  and  the  Thai  Women  Lawyers'  Association. 

There  are  no  known  political  prisoners  aside  from  one  Muslim  mullah,  Sorayut 
Sakunnasantisat,  who  is  serving  an  unusually  lengthy  criminal  sentence  of  12  years' 
imprisonment  for  leading  a  1990  political  protest  in  Pattani.  He  was  convicted  of 
offenses  against  the  monarchy  and  violating  national  security. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
in  most  instances  requires  police  to  obtain  a  warrant  prior  to  a  search.  Warrants 
are  issued  by  the  police  with  prior  Ministry  of  Interior  or  provincial  governor  ap- 
proval and  are  not  subject  to  judicial  review.  Police  at  times  endorsed  blank  searai 
warrants  or  used  legitimate  warrants  to  begin  intrusive  searches  outside  the  stated 
evidentiary  domain.  In  February  a  police  task  force  searched  houses  in  Bangkok's 
Klong  Toey  area  without  warrants.  This  type  of  operation  is  permitted  under  the 
criminal  code  when  it  takes  place  under  the  supervision  of  senior  officials,  but  some 
legal  sources  regarded  the  action  as  a  violation  of  civil  rights. 

Credible  Western  sources  reported  being  subject  to  a  warrantless  search  of  their 
premises  or  person  by  low-level  police  officials. 

The  Anti-Communist  Activities  Act  allows  officials  engaged  in  "Communist  sup- 
pression operations"  to  conduct  searches  without  warrants,  but  these  powers  have 
rarely  been  invoked  in  recent  years  and  were  not  invoked  in  1997.  Security  services 
monitor  persons  espousing  extremist  or  highly  controversial  views,  including  foreign 
visitors. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for,  and  citizens  gen- 
erally enioy,  a  large  measure  of  freedom  of  speech.  However,  the  law  prohibits  criti- 
cism of  the  royal  family  (lese  majeste),  threats  to  national  security,  or  speech  likely 
to  incite  disturbances  or  insult  Buddhism.  Freedom  of  the  press  is  also  constitu- 
tionally guaranteed. 

In  July  police  forces  entered  two  foreign-operated  brokerage  firms  and  searched 
for  evidence  that  those  firms  had  distributed  faxes  containing  inaccurate  financial 
information.  The  police  had  a  warrant  alleging  that  these  faxes  would  undermine 
government  stability.  This  incident  received  strong  press  and  public  criticism  and 
was  widely  interpreted  as  an  unjustified  effort  by  the  Government  to  intimidate 
those  who  reported  adverse  economic  news. 

The  Constitution  provides  for  freedom  of  the  press.  However,  newspapers  and 
periodicals  practice  some  self-censorship,  especially  with  regard  to  the  monarchy 
and  national  security  issues.  Nonetheless,  strong  media  criticism  of  political  parties, 
public  figures,  and  the  Government  is  common  and  vigorous.  Journalists  are  gen- 


912 

erally  free  to  comment  on  governmental  activities  without  fear  of  reprisal.  However, 
in  August,  an  explosive  device  was  detonated  outside  the  home  of  a  newspaper  exec- 
utive known  for  his  highly  critical  views  of  the  Government.  This  bombing  was 
widely  perceived  as  an  attempt  by  pro-Government  individuals  to  warn  the  execu- 
tive to  moderate  his  political  commentaries. 

In  June  the  Government  established  a  Media  Monitoring  Center.  Operating  under 
the  auspices  of  the  Ministry  of  the  Interior,  the  Center's  announced  purpose  was  to 
clarify  inaccurate  reporting  and  limit  sensationalism  in  the  media.  The  Center  had 
no  specific  powers  and  dia  nothing  more  than  issue  occasional  warnings  to  journal- 
ists. It  has  had  little  or  no  influence  on  journalistic  practices,  and  was  disbanded 
after  5  months  of  operation.  However,  the  Centei's  formation,  combined  with  restric- 
tions contemplated  by  those  drafting  a  proposed  constitution,  galvanized  joumaUsts 
to  organize  a  long-envisioned  Thai  Press  Council.  The  goal  of  this  independent  and 
self-regulatory  body  is  to  promote  greater  professionalism  in  journalism  by  encour- 
aging voluntary  adherence  to  specific  ethical  guidelines. 

Under  the  Printing  and  Advertisement  Act  of  1941,  the  Royal  Thai  Police  Special 
Branch  issues  warnings  to  publications  for  various  violations  such  as  disturbing  the 
peace,  interfering  with  public  safety,  or  oflending  public  morals.  It  issued  22  such 
warnings  in  1996  and  58  through  mid-December.  The  1941  Act  permits  police  clo- 
sure of  newspapers  or  printing  presses  in  time  of  war  or  national  emergency,  but 
only  with  a  court  order. 

Radio  and  television  stations  are  licensed  by  the  Government  and  operated  under 
the  direct  or  indirect  oversight  of  the  Government  and  the  military  forces.  Radio  sta- 
tions must  renew  their  licenses  every  year,  and  their  signals  are  broadcast  via  gov- 
ernment transmitters.  They  are  required  by  law  to  broadcast  government-produced 
newscasts  twice  daily,  30  minutes  each  in  the  morning  and  evening. 

Programmers  are  generally  free  to  determine  the  content  and  nature  of  television 
broadcasts.  However,  as  with  the  print  media,  self-censorship  exists.  Stations  occa- 
sionally edit  or  "black  out"  portions  of  programming  deemed  politically  sensitive  or 
pornographic.  A  government  internal  censorship  board  exists  in  the  Prime  Min- 
ister's office,  but  it  rarely  takes  action. 

There  are  three  cable  television  networics,  which  enjoy  almost  complete  autonomy 
under  the  indirect  oversight  of  the  Mass  Communications  Authority  of  Thailand.  In 
addition  a  wholly  independent  ultra  high  frequency  television  station  managed  by 
a  private  consortium  including  the  outspoken  Nation  Multimedia  Group  began  oper- 
atmg  in  1996. 

Domestic  publications  continued  to  present  a  wide  range  of  political  and  social 
commentary.  Unless  critical  of  the  royal  family  or  the  monarchy,  foreign  and  domes- 
tic books  normally  are  not  censored  and  circulate  freely.  Police  have,  but  generally 
do  not  exercise,  tne  authority  to  ban  the  importation  of  publications.  Some  publica- 
tions, mainly  pornographic  material  but  also  including  books  written  by  Com- 
munists, have  been  prohibited  for  many  years.  In  March  the  Cabinet  approved  a 
resolution  abolishing  a  regulation  banning  publication  or  possession  of  Communist- 
oriented  printed  matter,  but  the  resolution  has  not  yet  received  parliamentary  ap- 
proval. 

An  antipomography  law  allows  police  to  restrict  or  confiscate  printed  publications 
and  other  materials  deemed  obscene;  the  interpretation  given  usually  covers  hard- 
core pornographic  materials. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  legal  system  recognizes 
the  right  of  peaceful  assembly,  and  the  Government  respects  this  right  in  practice. 
Permits  are  not  required  for  private  meetings  or  gatherings  unless  neld  on  public 
property;  these  are  routinely  granted. 

The  Constitution  provides  for  freedom  of  association.  Private  associations  must 
register  with  the  Government;  such  registration  is  routinely  approved. 

c.  Freedom  of  Religion. — Freedom  of  religion  is  protected  by  law,  and  the  Govern- 
ment generally  respects  this  right  in  practice.  The  de  facto  state  religion  is 
Therevada  Buddhism,  but  other  religions  are  not  restricted. 

Religious  minorities  objected  to  attempts  by  some  members  of  the  constitution 
drafting  committee  to  declare  Buddhism  the  official  state  religion,  and  the  assembly 
did  not  include  such  a  provision  in  the  Constitution. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel.  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  the  ri^ht  of  citizens  to  change  their  resi- 
dence or  workplace,  and  authorities  resf)ect  this  right  in  practice.  Travel  is  re- 
stricted in  certain  border  areas  where  foreign  or  vestigial  domestic  insurgent  groups 
remain  active.  Longstanding  restrictions  on  the  travel  and  domicile  of  certain  Viet- 
namese aliens  who  immigrated  to  Thailand  in  1945—46  and  Chinese  who  immi- 
grated between  1953  and  1961  remain  in  place.  In  addition,  some  long-term  nonciti- 


913 

zen  residents,  including  several  hundred  thousand  tribal  people,  are  required  to 
seek  permission  from  local  authorities  or  the  army  for  foreign  or  domestic  travel. 
In  practice,  authorities  rarely  enforce  these  restrictive  measures,  and  registered 
resident  aliens  are  able  to  move  freely  within  the  country. 

In  September  1996,  the  Government  issued  a  regulation  allowing  illegal  alien 
workers  already  in  the  country  to  register  and  obtain  work  permits  for  manual  labor 
employment  in  43  of  the  76  provinces.  From  September  1996  until  May,  more  than 
323,000  of  an  estimated  700,000  to  1  million  aliens  registered,  and  over  313,000 
were  issued  work  permits.  Aliens  taking  advantage  of  this  regulation  are  allowed 
to  work  and  move  freely  for  a  2-year  period,  after  which  the  Government  reserves 
the  right  to  deport  them  formally. 

Thailand  continued  to  provide  first  asylum  to  small  numbers  of  Vietnamese  and 
Lao  asylum  seekers  pending  their  resettlement  abroad  by  third  countries.  Following 
repatriation  of  the  remaining  screened-out  (that  is,  non-refugee)  Vietnamese,  the 
Sithiu  camp  was  closed  on  Feoruary  20. 

Refugee  status  screening  continued  for  more  that  1,000  Lao  citizens  at  Na  Pho 
Camp.  There  were  no  reports  that  new  refugees  arrived  from  either  Laos  or  Viet- 
nam, and  no  reports  that  government  officials  had  turned  back  persons  seeking  asy- 
lum from  those  countries. 

As  Burmese  army  activity  drove  persons  into  Thailand,  the  Government  generally 
followed  its  policy  of  providing  asylum  to  new  arrivals.  However,  in  January,  Thai 
security  forces  were  unable  to  protect  Burmese  in  three  camps  in  Tak  Province 
against  intruding  Burmese  forces.  There  were  also  incidents  in  February,  May,  and 
November  in  which  security  personnel  forced  a  total  of  more  than  2,000  asylum 
seekers  bfick  into  Burma.  Tnere  also  were  credible  reports  that  civilian  authorities 
periodically  returned  groups  of  Shan  asylum  seekers  to  the  border.  Immigration  au- 
thorities do  not  acknowledge  that  the  Shan  ethnic  minority  have  displaced  person 
status.  The  Government  provided  asylum  to  more  than  60,000  Cambodians  who 
crossed  into  Surin  and  Trat  provinces  to  escape  factional  fighting. 

The  Government  continued  to  permit  the  United  Nations  High  Commissioner  for 
Refugees  (UNHCR)  to  exercise  its  mandate  with  regard  to  Vietnamese  and  Lao 
camps,  as  well  as  in  the  Safe  Area,  a  camp  for  ethnic  Burman  students  and  dis- 
sidents in  the  interior  of  Ratchaburi  province.  Residents  at  the  latter  site  had  regu- 
lar access  to  the  UNHCR,  which  concluded  that  conditions  generally  met  inter- 
national standards  for  the  protection  and  welfare  of  asylum  seekers.  The  Govern- 
ment generally  continued  to  restrict  access  to  the  Safe  Area  to  those  persons  from 
Burma  to  whom  the  UNHCR  accorded  "person  of  concern"  status  prior  to  mid-1996. 
Also,  the  Government  barred  resettlement  abroad  of  any  Burmese  except  "persons 
of  concern"  who  had  been  admitted  to  the  Safe  Area.  The  Government  restricted  the 
UNHCR's  activities  to  the  monitoring  of  the  refugee  situation  but  offered  NGO's  lee- 
way to  provide  food,  medical  services,  housing,  and  other  care.  While  Burmese  out- 
side of  the  camps  were  periodically  arrested  as  illegal  aliens,  the  Government^  did 
not  deport  any  Burmese  recognized  by  the  UNHCR  as  a  "person  of  concern."  At 
year's  end,  a  number  of  Burmese  dissidents  remained  in  immigration  detention  cen- 
ters in  central  Thailand. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  for  the  right  of  citizens  to  choose  or  change  their  gov- 
ernment through  free  and  fair  elections  based  on  universal  suffrage.  Citizens  exer- 
cised this  right  in  November  1996  in  an  election  that  was  generally  viewed  as  free 
but  marred  oy  widespread  vote-buying,  a  recurrent  problem  in  Thai  elections.  The 
Constitution  prohibits  monks  and  nuns  from  voting  or  seeking  office.  It  includes  pro- 
visions to  place  supervision  of  elections  under  an  independent  Election  Commission. 
The  Senate  completed  selection  of  the  five-member  Commission  in  November.  It  also 
provides  for  aosentee  ballots  to  address  the  concern  of  workers  previously 
disenfranchised  because  they  could  not  afford  the  time  or  cost  of  returning  to  rural 
villages  to  vote. 

The  Constitution  and  law  require  that  jwlitical  parties  field  a  minimum  number 
of  candidates  and  have  at  least  one  member  elected  to  the  House  of  Representatives 
in  order  to  remain  registered  as  a  party.  The  Supreme  Court  ordered  the  dissolution 
of  four  political  parties  for  failing  to  meet  those  criteria  in  the  November  1996  elec- 
tion. 

While  there  are  no  legal  restrictions  on  their  political  participation,  women  are 
generally  underrepresented  in  national  politics,  especially  at  senior  levels.  There 
was  essentially  no  change  in  the  number  of  women  assigned  or  elected  to  positions 
of  leadership.  There  are  22  women  in  the  391-member  Parliament,  and  21  women 
in  the  260-member  Senate.  There  is  one  woman  in  the  Cabinet. 


914 

No  laws  prohibit  the  political  participation  of  ethnic  minorities,  but  few  hold  posi- 
tions of  authority  in  national  politics.  Members  of  ethnic  minorities  in  the  north 
often  lack  documentation  of  citizenship,  effectively  barring  their  participation  in  the 
political  process  (see  Section  5).  Muslims  from  the  south  hold  significant  elected 
posts  in  the  Government,  although  they  continue  to  be  underrepresented  in  local 
and  provincial  government  positions,  which  are  appointed  by  the  central  govern- 
ment. 

There  are  17  Muslim  Parliament  members,  including  the  House  Speaker;  8  in  the 
Senate;  and  1  Cabinet  member. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Local  human  rights  oivanizations  operate  without  government  restriction.  Inter- 
national human  rights  NGO's  generally  work  freely  on  controversial  issues,  inves- 
tigating and  publisning  their  findings  without  official  hindrance.  The  Government 
sometimes  criticized  these  groups  for  being  politically  motivated  and  biased,  but  did 
not  penalize  or  hinder  human  rights  observers. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cicU  Status 

The  Constitution  provides  for  equal  treatment  under  the  law  without  respect  to 
race,  sex,  religion,  disability,  language,  or  social  status.  In  practice  some  discrimina- 
tion exists,  and  government  enforcement  of  equal  protection  statutes  is  uneven. 

Women. — Domestic  abuse  continues  to  be  a  serious  problem  affecting  the  welfare 
of  many  women;  reliable  reports  indicate  that  domestic  abuse  crosses  all  social 
classes.  One  NGO  estimates  that  as  many  as  50  percent  of  women  living  in  Bang- 
kok's slum  areas  are  victims  of  abuse.  Police  do  not  enforce  laws  against  such  vio- 
lence vigorously,  and  domestic  violence  often  goes  unreported.  Under  the  Criminal 
Code,  spousal  and  child  abuse  is  covered  by  assault  provisions,  but  rules  of  evidence 
often  make  prosecuting  such  cases  difficult.  Since  1994  a  pilot  project  operating  in 
three  Bangkok  police  stations  has  provided  female  teams  totaling  13  investigators 
to  handle  and  encourage  reporting  of  cases  of  rape  and  abuses.  Under  the  law,  a 
man  cannot  be  prosecuted  for  spousal  rape. 

Prostitution,  although  illegal,  flourishes  and  is  deeply  ingrained.  Government  and 
NGO  estimates  of  the  number  of  women  and  children  engaged  in  prostitution  vary 
widely  because  of  temporary  sex  workers  and  the  migratory  nature  of  prostitution. 
The  Ministry  of  Public  Health's  official  estimate  of  prostitutes  is  under  70,000,  al- 
though some  NGO's  and  government  departments  use  a  figure  of  approximately 
200,000,  which  is  considered  more  credible.  These  figures  include  estimates  of  chil- 
dren. 

The  majority  of  prostitutes  are  not  kept  under  physical  constraint,  but  a  large 
number  labor  in  debt  bondage.  Brothel  procurers  often  advance  parents  a  substan- 
tial sum  against  their  daughter's  future  earnings,  often  without  consent  of  the 
young  woman  involved.  The  women  are  then  obligated  to  work  in  a  brothel  to  pay 
back  the  loan. 

Some  women  are  forced  into  prostitution,  although  the  number  of  such  cases  is 
difficult  to  determine.  Coerced  prostitution  commonly  involves  women  from  hill 
tribes  and  neighboring  countries.  Because  they  cannot  speak  Thai  and  are  consid- 
ered illegal  immigrants,  these  women  are  particularly  vulnerable  to  physical  abuse, 
confinement,  and  exploitation.  Some  women  are  lured  with  promises  of  jobs  as  wait- 
resses or  domestic  helpers,  but  then  forced  to  work  as  prostitutes.  As  illegal  immi- 
grants, these  women  have  no  rights  to  legal  counsel  or  nealth  care  if  arrested.  This 
group  is  also  not  protected  by  the  amnesty  offered  to  illegal  alien  workers  (see  Sec- 
tion 2.d.).  The  number  of  Burmese  and  Cambodian  women  and  children  trafficked, 
and  in  some  cases  abducted  for  prostitution,  reportedly  increased  during  the  year. 
Vietnamese  and  Chinese  citizens  were  also  reportedly  trafficked  to  Thailand.  Their 
illegal  entry  was  reportedly  accomplished  with  the  complicity  of  local  officials.  Ac- 
cording to  a  local  NGO,  girls  between  the  ages  of  12  and  18  are  increasingly  traf- 
ficked form  southern  China  and  Burma  to  work  in  the  commercial  sex  industry. 
This  trade  was  highlighted  in  October  when  a  raid  by  a  child  welfare  agency  discov- 
ered 10  underage  Chinese  girls  working  in  a  Bangkok  "short-time"  hotel.  The  NGO 
reported  that  the  girls  knew  that  they  were  to  work  as  prostitutes  and  that  border 
police  and  immigration  authorities  facilitated  their  illegal  entry  into  the  country. 
The  Government  and  NGO's  have  established  vocational  training  and  education  pro- 
grams to  combat  the  lure  of  prostitution.  Despite  occasional  highly  publicized  raids 
on  brothels,  the  Government  has  not  effectively  enforced  laws  against  prostitution, 
and  in  many  cases,  brothels  operate  with  the  protection  of  local  government  rep- 
resentatives and  police.  The  law  prohibits  the  trafficking  of  women  and  children  for 


915 

the  purposes  of  prostitution  or  slave  labor.  However,  there  continue  to  be  credible 
reports  of  involvement  by  some  corrupt  police,  military,  and  Government  oflicials  in 
trafficking  schemes. 

Women  generally  have  equal  legal  rights,  but  inequalities  remain  in  the  law.  A 
man  may  sue  for  divorce  on  the  grounds  that  his  wife  committed  adultery,  but  a 
woman  faces  the  additional  legal  burden  of  proving  that  her  husband  has  main- 
tained or  honored  another  woman  in  a  manner  equal  to  that  of  his  wife. 

Women  represent  47  percent  of  the  economically  active  population  and  hold  an 
increasing  share  of  professional  positions.  Grovemment  regulations  require  employ- 
ers to  pay  equal  wages  and  benefits  for  equal  work  regardless  of  genaer.  However, 
there  is  a  significant  gap  between  average  salaries  earned  by  men  and  women  be- 
cause women  are  concentrated  in  traditionally  lower  paying  jobs.  In  practice  women 
also  generally  receive  lower  pay  for  equal  work  in  virtually  all  sectors  of  the  econ- 
omy. Despite  improvements  in  the  Government's  performance  regarding  women's 
rights,  many  women's  rights  NGO's  remain  skeptical  about  women's  prospects  to 
enjoy  equal  opportunities  or  positions. 

Women  generally  have  access  to  higher  education;  currently,  more  than  half  the 
university  graduates  each  year  are  women. 

Children. — The  Government  has  taken  steps  to  promote  the  rights  and  welfare  of 
children,  although  child  labor  and  the  relatively  small  compulsory  education  re- 

Puirement  of  6  years  remain  areas  of  concern.  The  Government's  Social  Welfare 
'Ian  for  Underprivileged  People  doubled  the  budget  for  children's  programs  for 
1997-2001,  compared  with  the  previous  5-year  Plan. 

Child  prostitution,  including  force  prostitution  and  trafficking  of  children,  is  a  se- 
rious problem  (see  Section  6.c.).  The  Government  and  NGO's  estimate  that  there  are 
20,000  to  40,000  prostitutes  under  the  age  of  18.  In  1996  the  Government  enacted 
a  stronger  law  against  trafficking  in,  patronizing,  or  profiting  from  child  prostitutes. 
However,  as  of  year's  end,  police  sources  were  unable  to  confirm  that  anyone  had 
been  arrested  for  violation  of  that  law,  which  provides  for  up  to  6  years'  imprison- 
ment of  traffickers  and  patrons.  Efforts  to  curb  the  trade  in  cnildren  for  commercial 
sex  appear  to  have  had  little  success. 

The  Criminal  Code  provides  for  the  protection  of  children  from  abuse,  and  laws 
on  rape  and  abandonment  provide  for  harsher  penalties  when  the  victim  is  a  child. 
As  with  domestic  violence  against  women,  however,  police  are  often  reluctant  to  in- 
vestigate abuse  cases,  and  rules  of  evidence  make  prosecution  of  child  abuse  cases 
difficult. 

People  With  Disabilities. — The  law  requires  that  firms  hire  one  disabled  person  for 
every  two  hundred  other  workers,  but  this  has  not  been  enforced.  Employers  may 
be  exempted  by  contributing  to  a  fund  that  benefits  people  with  disabilities.  Nation- 
wide, there  are  7  Government-operated  and  10  NGO-operated  training  centers  for 
people  with  disabilities.  There  are  no  laws  mandating  access  to  public  facilities  for 
disabled  persons. 

Religious  Minorities. — Muslims  represent  4  to  5  percent  of  the  country's  popu- 
lation but  constitute  the  majority  in  the  four  southernmost  provinces,  which  border 
Malaysia.  Although  the  Government  has  attempted  to  integrate  the  Muslim  commu- 
nity into  society  through  developmental  efibrts  and  expanded  educational  opportuni- 
ties, societal  discrimination  remains  widespread. 

National  / Racial  / Ethnic  Minorities. — Progress  in  integrating  ethnic  minorities 
into  society  is  limited.  Only  half  the  estimated  500,000  to  600,000  members  of  hill 
tribes  reportedly  possess  documentation  that  either  identifies  them  as  citizens  or 
certifies  their  eligibility  for  future  citizenship.  The  remainder  lack  documentation, 
and  thus  access  to  adequate  education  and  health  care.  As  noncitizens  they  are  also 
barred  from  participating  in  the  political  process.  Undocumented  hill  tribe  people 
cannot  own  land  and  are  not  protected  by  labor  laws,  including  minimum  wage  re- 
quirements. Approximately  45,000  Vietnamese  immigrants  ana  40,000  Chinese  im- 
migrants reside  in  rural  provinces  and  live  under  a  set  of  laws  and  regulations  that 
restrict  their  movement,  residence,  education,  and  occupation  (see  Section  2.d.).  De- 
spite a  strong  desire  for  Thai  citizenship,  fewer  than  100  Vietnamese  and  3,000  to 
4,000  Chinese  have  been  able  to  naturalize  in  the  last  32  years.  Children  who  were 
bom  in  Thailand  of  these  legal  permanent  resident  immigrants  may  now  request 
Thai  citizenship  through  district  offices.  These  requests  are  routinely  granted.  Ap- 
proximately 10,000  Thai-bom  Vietnamese  children  have  acquired  citizenship  in  this 
manner,  as  have  8,000  Thai-born  Chinese  children. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  grants  freedom  of  association  to  private  sec- 
tor workers.  Workers  have  the  right  to  ftrm  and  join  unions  of  their  choosing  with- 
out prior  authorization;  to  decide  on  the  constitutions  and  rules  of  these  associations 


916 

and  unions;  to  express  their  views  without  government  or  employer  interference;  to 
confederate  with  other  unions;  to  receive  protection  from  discrimination,  dissolution, 
suspension,  or  termination  by  any  outside  authority  because  of  union  activities;  and 
to  have  employee  representation  in  direct  negotiations  with  employers.  However,  no 
law  explicitly  protects  workers  from  discrimination  due  to  their  participation  in  or- 
ganizing new  unions  that  have  not  yet  been  ofiicially  registered.  Union  leaders  re- 
port that  employers  often  discriminate  against  workers  seeking  to  organize  unions. 

Workers  in  the  public  sector  do  not  have  the  right  to  form  unions.  In  state  enter- 
prises, the  law  allows  woricers  in  each  state  enterprise  to  form  a  single  "association" 
after  at  least  30  percent  of  the  enterprise's  employees  submit  a  petition  to  the  Min- 
istry of  Labor  to  register  such  an  association.  These  associations  submit  employee 
grievances  to  management  and  propose  changes  in  benefits  and  working  conaitions 
but  may  not  negotiate  wages.  Associations  do  not  have  the  right  to  confederate  or 
to  join  private  sector  federations.  Unofficial  contacts  between  public  and  private  sec- 
tor unions  continue,  however,  and  the  Government  has  not  interfered  with  these  re- 
lationships. 

The  law  denies  all  state  enterprise  workers  the  right  to  strike.  In  the  private  sec- 
tor, to  be  considered  legal  a  proposed  strike  must  be  approved  by  a  majority  of  the 
union  members  in  a  secret  ballot  and  be  registered  beforehand  with  the  Ministry 
of  Labor. 

In  1991  the  International  Labor  Organization  (ILO)  criticized  labor  law  amend- 
ments adopted  by  a  military-appointed  legislature  in  March  1991  that  dissolved 
state  enterprise  unions,  transferred  their  assets,  limited  the  number  of  associations 
that  may  be  formed  in  each  state  enterprise,  set  relatively  high  minimum  member- 
ship reqpiirements  for  associations,  denied  associations  the  right  to  affiliate  with  pri- 
vate sector  unions,  and  completely  forbade  strikes  in  state  enterprises.  Althou^  the 
Government  has  not  vigorously  enforced  these  restrictions,  it  pledged  to  pass  a  new 
version  of  the  law  that  would  restore  most  rights  enjoyed  by  state  enterprise  work- 
ers prior  to  the  1991  changes.  A  draft  bill,  which  failed  to  become  law  during  the 
1995-96  Banham  government,  was  resubmitted  to  Parliament  by  the  Chavalit  Gov- 
ernment in  December  1996.  The  bill  passed  the  House  but  was  amended  by  the  Sen- 
ate in  August.  The  Senate  version  contained  elements  that  diminish  labor  rights 
and  was  previously  criticized  when  reviewed  by  the  ILO.  The  House  rejected  the 
Senate  version  of  the  Bill.  At  year's  end,  the  bill  remained  under  discussion. 

The  Government  has  the  authority  to  restrict  private  sector  strikes  that  would 
"affect  national  security  or  cause  severe  negative  repercussions  for  the  papulation 
at  large."  The  Government  seldom  invokes  tnis  provision  and  did  not  do  so  during 
the  year.  Labor  law  also  forbids  strikes  in  "essential  services,"  defined  much  more 
broadly  than  the  ILO  criteria  for  such  services.  No  strikes  were  disapproved  during 
the  year.  The  number  of  legal  strikes  has  averaged  fewer  than  10  annually  for  the 
past  10  years. 

More  than  half  the  work  force  is  employed  in  the  unorganized  agricultural  sector. 
Less  than  2  percent  of  the  total  work  force,  although  nearly  11  percent  of  industrial 
workers,  is  unionized.  Cultural  traditions  and  unfamiliarity  with  the  concept  of  in- 
dustrial relations  are  often  cited  as  the  reasons  for  low  rates  of  labor  organization. 

While  violence  against  labor  leaders  is  rare,  the  1991  disappearance  of^outspoken 
labor  leader  Thanong  Po-an  remains  unsolved  (see  Section  l.b.). 

There  is  a  legacy  of  corrupt  public  sector  union  leaders  who  were  exploited  by  the 
military  forces,  politicians,  or  employers  for  their  own  purposes,  but  private  unions 
generally  operate  independently  of  the  Government  and  other  organizations. 

Unions  are  free  to  associate  internationally  with  other  trade  union  organizations, 
and  they  maintain  a  wide  variety  of  such  affiliations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  1975  Labor  Relations  Act 
recognizes  the  right  of  private  sector  workers  to  organize  and  bargain  collectively 
and  defines  the  mechanisms  for  such  negotiations  and  for  government-assisted  con- 
ciliation and  arbitration  in  cases  under  dispute.  In  practice,  genuine  collective  bar- 
gaining occurs  only  in  a  small  fraction  of  workplaces  and  in  most  instances  contin- 
ues to  De  characterized  by  a  lack  of  sophistication  on  the  part  of  employee  groups 
and  autocratic  attitudes  on  the  part  of  employers.  Wage  increases  for  most  workers 
come  as  a  result  of  increases  in  the  minimum  wage,  rather  than  as  a  result  of  collec- 
tive batyaining. 

The  Government  sets  wages  for  both  civil  servants  and  state  enterprise  employ- 
ees. A  system  of  labor  courts  created  in  1980  exercises  judicial  review  over  most  as- 
pects of  labor  law  for  the  private  sector.  These  functions  are  exercised  by  the 
Central  Labor  Court.  Workers  may  also  seek  redress  for  their  grievances  from  the 
Tripartite  Labor  Relations  Committee.  Redress  of  grievances  for  state  enterprise 
workers  is  handled  by  the  State  Enterprise  Labor  Relations  Committee.  Labor  lead- 
ers generally  did  not  indicate  dissatisfaction  with  the  treatment  that  their  concerns 


917 

received  in  these  forums,  although  they  complained  that  union  leaders  dismissed 
unjustly  usually  are  awarded  only  monetary  compensation. 

No  separate  labor  legislation  applies  in  export  processing  zones,  where  wages  and 
working  conditions  are  often  better  than  national  norms  because  of  the  preponder- 
ance oiWestem  and  Japan-based  multinational  firms. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Government  does  not  specifi- 
cally prohibit  forced  or  bonded  labor  by  children,  and  such  practices  occur.  The  Con- 
stitution prohibits  forced  or  compulsory  labor  except  in  the  case  of  national  emer- 
gency, war,  or  martial  law.  These  provisions  are  generally  enforced;  however,  there 
are  reports  of  sweatshops  in  the  informal  sector  that  physically  restrain  workers 
from  leaving  the  premises.  There  are  no  estimates  of  now  many  such  workshops 
exist,  but  the  growing  number  of  illegal  aliens  from  Burma,  Cambodia,  and  Laos 
increases  the  opportunities  for  such  abuse. 

Although  the  law  prohibits  traflicking  of  women  and  children  for  purposes  of  pros- 
titution, some  women  and  children  are  forced  into  prostitution.  Burmese,  Cam- 
bodian, and  Chinese  women  and  children  are  also  reportedly  trafficked  and,  in  come 
cases,  abducted  to  Thailand  for  the  purpose  of  prostitution.  Although  the  Govern- 
ment passed  strong  antiprostitution  le^slation  in  1996,  raising  the  criminal  pen- 
alties for  traffickers  of  women,  owners  of  places  of  prostitution,  and  parents  who  sell 
their  children  into  the  sex  industry,  the  authorities  have  not  effectively  enforced  this 
law.  There  are  credible  reports  that  police,  military  personnel,  and  government  offi- 
cials are  involved  in  trafficking  schemes  (see  Section  5).  Brothel  procurers  often  ad- 
vance parents  a  substantial  sum  against  their  daughter's  future  earnings,  often 
without  consent  of  the  young  woman  involved.  The  women  are  then  obligated  to 
work  in  a  brothel  to  pay  back  the  loan. 

For  several  years,  the  ILO  has  cited  Thailand  for  violations  of  Convention  29  on 
forced  labor.  In  1995  it  was  the  subject  of  a  country  "observation  "  but  the  ILO  de- 
clined to  make  the  country  the  subject  of  a  special  paragraph.  The  primary  focus 
of  ILO  criticism  is  forced  child  labor,  especially  child  prostitution.  Since  the  date  at 
which  the  ILO  raised  these  concerns,  the  Government  has  cooperated  in  establish- 
ing important  institutional  links,  particularly  with  the  International  Program  on  the 
Elimination  of  Child  Labor,  to  adaress  the  problem. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  legal 
minimum  age  for  employment  is  13  years.  A  bill  raising  the  minimum  age  for  em- 

gloyment  to  15  years  has  passed  the  lower  house  and  is  being  considered  by  the 
enate.  Nearly  90  percent  of  children  complete  six  grades  of  compulsory  education 
at  age  12;  but  only  60  percent  of  13-year-olds  are  enrolled  in  seventh  grade,  al- 
though this  percentage  is  increasing.  The  law  permits  the  employment  of  children 
between  the  ages  of  13  and  15  only  in  "light  work,"  where  the  lifting  of  heavy  loads 
and  exposure  to  toxic  materials  or  dangerous  equipment  or  situations  is  restricted. 
The  employment  of  children  at  night  (from  10  p.m.  to  6  a.m.),  or  in  venues  where 
alcohol  is  served,  is  prohibited  by  law.  An  analysis  based  on  population  and  school 
enrollment  data  shows  that  between  850,000  and  1,480,000  children  work  in  Thai- 
land, mostly  on  family  farms.  Between  240,000  and  410,000  (from  2  to  4  percent 
of  the  6-to-14  age  group)  are  estimated  to  be  in  urban  employment  at  particular 
risk  of  labor  abuse.  Most  children  employed  in  urban  settings  work  in  the  service 
sector,  primarily  at  gas  stations  and  restaurants.  Child  labor  is  not  evident  in  larger 
foreign  or  Thai  export  oriented  factories.  NGO's  have  found  it  difficult  to  penetrate 
the  snophouses  which  employ  children  under  harsh  conditions  to  make  goods  for  as- 
sembly in  small  and  medium  sized  factories.  Consequently,  no  comprehensive  sur- 
vey of  child  labor  in  this  sector  exists.  The  Ministry  of  Labor  has  increased  the  num- 
ber of  inspectors  specifically  responsible  for  child  labor  issues,  although  not  all  offi- 
cers are  engaged  in  full-time  inspection  work.  Enforcement  of  child  labor  laws  is  not 
rigorous  and  inspectors  usually  respond  only  to  specific  public  complaints  or  exposes 
in  newspapers.  The  inclination  when  dealing  with  violators  is  to  negotiate  promises 
of  better  future  behavior,  rather  than  to  seek  prosecution  and  punishment. 

The  Government's  attempt  to  address  the  problem  of  child  labor  by  proposing  to 
extend  compulsory  education  from  6  to  9  years  was  not  implemented.  The  Education 
Ministry  instead  plans  to  expand  facilities  in  rural  areas  so  that  children  who  wish 
to  continue  their  studies  need  not  leave  their  localities. 

e.  Acceptable  Conditions  of  Work. — A  tripartite  wage  committee  consisting  of  gov- 
ernment, employer,  and  worker  representatives  agreed  in  September  to  increase  the 
daily  legal  minimum  wage  by  7.6  percent  at  that  time.  The  increase  had  not  been 
put  into  effect  by  year's  end,  and  minimum  wage  rates  now  range  from  $2.72  (128 
Baht)  to  $3.34  (157  Baht)  per  day  depending  upon  the  cost  of  living  in  various  prov- 
inces. This  wage  is  not  adequate  to  provide  a  decent  standard  of  living  for  a  worker 
and  family.  With  extended  family  members'  financial  contributions,  the  minimum 
wage  provides  the  basis  for  a  marginally  adequate  overall  standard  of  living.  How- 


918 

ever,  more  than  half  of  workers  countrvwide  receive  less  than  the  minimum  wage, 
especially  in  rural  provinces.  Unskillea  migrant  workers,  as  well  as  illegal  aliens, 
often  work  for  wages  signiflcantly  less  than  the  minimum  wage.  The  minimum  wage 
does  not  apply  to  undocumented  hill  tribe  people,  who  are  likewise  not  protected  by 
other  labor  laws.  The  Ministry  of  Labor  is  responsible  for  ensuring  that  employers 
adhere  to  minimum  wage  requirements.  Despite  encouragement  of  employees  to  re- 
port violations  to  labor  inspectors,  the  enforcement  of  minimum  wage  laws  is  mixed. 

The  Government  has  not  mandated  a  uniform  workweek  for  the  entire  labor  force. 
By  regulation,  commercial  employees  work  a  maximum  of  54  hours  per  week,  em- 
ployees in  industry  work  48,  and  those  in  "dangerous"  work  such  as  in  the  chemical, 
¥etroleum,  mining,  or  other  industries  involving  heavy  machinery,  work  42  hours, 
ransportation  workers  are  restricted  to  no  more  than  8  hours  per  day.  Enforcement 
of  these  standards  is  weak.  There  is  no  24-hour  rest  period  mandated  by  law. 

Working  conditions  vary  widely.  The  rate  of  injury  from  industrial  accidents  has 
remained  approximately  constant  over  the  last  10  years  at  4.5  percent  of  the  total 
workforce.  But  in  the  last  6  years,  the  average  rate  of  work-related  deaths  was  high 
at  25  per  1,000  workers.  Occupational  diseases  are  rarely  diagnosed  or  com- 
pensated, and  few  doctors  or  clinics  specializing  in  occupational  diseases  exist.  In 
medium-sized  and  large  factories,  government  health  and  safety  standards  are  often 
applied,  but  enforcement  of  safety  standards  is  lax.  In  the  large  informal  sector, 
health  and  safety  protections  are  substandard.  Employers  are  able  to  ignore  safety 
regulations  in  part  because  nonunionized  workers  often  do  not  understand  safety 
and  health  laws  and  do  not  report  violations.  When  188  workers  died  in  the  May 
1993  Kader  Toy  Factory  fire  near  Bangkok,  the  Government  brought  suit  against 
8  persons,  including  the  managing  director.  The  case  began  in  June  1994  and  has 
continued  in  once-weekly  sessions  without  conclusion.  There  is  no  law  affording  job 
protection  to  employees  who  remove  themselves  from  dangerous  work  situations. 
The  Ministry  of  Labor  and  Social  Welfare  promulgates  health  and  safety  regulations 
regarding  conditions  of  work.  Labor  inspectors  are  responsible  for  enforcement  of 
health  and  safety  regulations;  the  strictest  penalty  is  6  months  in  jail. 


TONGA 

The  Kingdom  of  Tonga  comprises  169  small  islands  scattered  over  a  wide  area  of 
the  South  Pacific.  Most  of  the  approximately  105,000  inhabitants  are  Polynesian. 
Tonga  is  a  constitutional  monarchy  in  which  political  life  is  dominated  by  the  King, 
the  nobility,  and  a  few  prominent  commoners.  It  is  fully  independent  and  a  member 
of  the  Commonwealth  of  Nations.  The  judiciary  is  independent. 

The  security  apparatus  is  composed  of  the  Tonga  Defense  Services  (TDS)  and  a 
police  force.  Trie  430-man  TDS  force  is  responsible  to  and  controlled  by  the  Minister 
of  Defense. 

The  economy  is  based  primarily  on  the  cultivation  of  tropical  and  semitropical 
crops.  An  increasing  demand  for  imported  manufactured  goods  and  products  un- 
available locally  has  led  to  a  substantial  trade  deficit.  This  has  been  offset  largely 
by  remittances  from  Tongans  employed  abroad,  overseas  aid,  and  to  a  lesser  degree 
tourism.  Remittances  continued  to  diminish. 

The  principal  human  rights  abuse  remains  severe  restrictions  on  the  right  of  citi- 
zens to  change  their  government.  A  relatively  small  group  of  commoners  vocally 
challenges  the  Constitution,  arguing  for  a  more  representative  and  accountable  gov- 
ernment. Some  women  suffer  from  domestic  violence,  and  discrimination  within  tra- 
ditional society  limits  the  opportunities  available  to  women. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  forbids  torture  and  inhuman  or  degrading  punishment  or  other 
such  treatment,  and  there  were  no  reports  of  such  practices.  Prison  conditions  are 
basic,  especially  as  regards  food  and  sanitation,  but  in  accordance  with  local  living 
standards.  Church  representatives  and  family  members  are  permitted  to  visit  pris- 
oners. No  local  nongovernmental  organizations  attempt  human-rights  monitoring 
visits,  and  the  permissibility  of  such  visits  has  not  arisen. 


919 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  proscribes  arbitrary  ar- 
rest or  detention  and  provides  for  the  right  to  judicial  determination  of  the  legality 
of  arrest;  these  are  observed  in  practice.  There  is  no  preventive  detention,  although 
there  are  no  statutory  limits  to  the  length  of  time  a  suspect  may  be  held  prior  to 
being  charged.  The  law  does  not  limit  access  by  counsel  and  family  members  to  de- 
tained persons.  There  is  no  forced  exile,  internal  or  external. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary,  whose  top  judges  have  been  expatri- 
ates, is  independent  of  the  King  and  the  executive  branch. 

The  Court  of  Appeals,  as  the  appellate  court  of  last  resort,  is  the  highest  court. 
The  Ring's  Privy  Council  presides  over  cases  relating  to  disputes  over  titles  of  nobil- 
ity and  estate  boundaries.  The  King  has  the  right  to  commute  a  death  sentence  in 
cases  of  murder  or  treason.  In  addition,  the  court  system  consists  of  the  Supreme 
Court  (which  has  original  jurisdiction  over  all  major  cases),  the  police  magistrates' 
courts,  a  general  court,  a  court  martial  for  the  TDS,  a  court  tribunal  for  the  police 
force,  and  a  court  of  review  for  the  Inland  Revenue  Department. 

The  law  provides  for  the  right  to  a  fair  public  trial,  and  the  Government  honors 
it  in  practice.  A  court  may  not  summon  anyone  without  providing  the  person  a  writ- 
ten indictment  stating  the  offenses  it  charges  the  person  committed.  Defendants  are 
entitled  to  counsel,  and  lawyers  have  free  access  to  defendants. 

There  were  no  reports  of  political  prisoners,  although  some  observers  allege  that 
Parliament's  conviction  and  imprisonment  of  a  parliamentarian  and  two  journalists 
for  contempt  in  September  1996  were  politically  motivated. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — By  law 
and  in  practice,  no  one  may  enter  or  search  the  home  of  another  or  remove  any  item 
of  property  unless  in  possession  of  a  warrant  issued  by  a  magistrate.  Neither  the 
State  nor  political  organizations  intrude  arbitrarily  into  a  person's  private  life. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press;  however,  at  times  the  authorities  infringe  on  these  rights. 

Tonga  has  two  weekly  newspapers  (one  of  which  is  government  owned)  and  one 
national  magazine.  The  Government  owns  the  one  television  station  and  the  one 
radio  station.  While  there  is  generally  little  editorializing  in  the  government-owned 
media,  opposition  opinion  appears  regularly  alongside  government  statements  and 
letters.  A  privately  owned  newspaper,  Kele'a,  openly  criticizes  the  (jovemment  with- 
out interference.  However,  infringements  on  freedom  of  the  press  do  occur.  The  Min- 
ister of  Police  has  on  occasion  threatened  action  against  the  independent  media. 
Specific  infringements  are  usually  tied  to  a  particular  event. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  peaceful 
assembly  and  association.  There  are  no  significant  restrictions. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  are  free  to  travel  anywhere  within  the  Kingdom  and  abroad. 
The  law  places  no  restrictions  on  repatriation. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  and  other  humanitarian  organizations  in  assisting  refiigees.  No 
person  in  recent  memory  has  applied  for  refugee  status,  and  the  Government  has 
not  formulated  a  formal  policy  regarding  refugees,  asylees,  or  first  asylum. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  ability  to  change  their  leaders  or  the  system  of  govern- 
ment. The  King  and  33  hereditary  nobles  dominate  political  life.  They  assert  author- 
ity largely  throu^  control  of  substantial  landholdings  and  their  dominant  numbers 
in  Parliament.  While  the  Constitution  allows  the  monarch  broad  powers,  many  of 
which  do  not  require  the  legislative  branch's  endorsement,  the  King  sometimes  per- 
mits "the  system"  to  work  its  will  without  his  guidance.  The  King  appoints  the 
Prime  Minister  and  appoints  and  presides  over  the  Privy  Council  (called  the  Cabinet 
when  the  King  is  not  presiding),  which  makes  major  policy  decisions.  Currently,  the 
Cabinet  is  made  up  of  nine  ministers  and  two  governors;  it  includes  both  nobles  and 
commoners,  who  serve  at  the  King's  pleasure. 

The  unicameral  legislature,  the  Legislative  Assembly,  consists  of  the  Cabinet, 
nine  nobles  elected  by  their  peers,  and  nine  people's  representatives  elected  by  the 
general  population.  TTie  King  appoints  the  Speaker  from  among  the  representatives 
of  the  nobles. 


920 

Cabinet  members  and  nobles  usually  vote  as  a  bloc;  however,  recent  votes  related 
to  impeachment  charges  against  a  commoner  member  of  the  Cabinet  demonstrated 
that  nobles  and  people's  representatives  do  have  the  capacity  to  override  the  Cabi- 
net's wishes  at  times. 

In  recent  years,  a  number  of  people  both  inside  and  outside  the  establishment 
have  called  for  democratic  change,  usually  while  emphasizing  the  importance  of 
more  government  accountability.  Very  few  challenge  retention  of  the  monarchy;  the 
King  is  greatly  respected.  A  prodemocracy  movement  continues  to  exist,  although 
it  currently  lacks  formal  structure  due  to  differences  of  views  among  its  leaders.  All 
nine  current  people's  representatives  advocate  various  degrees  of  democratic  reform. 
Proposals  for  constitutional  revision  tend  to  center  on  popular  election  of  all  par- 
liamentarians, with  the  parliamentarians  then  selecting  their  speaker. 

There  are  no  female  Members  of  Parliament,  although  there  have  been  in  the 
past. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  no  known  barriers  to  the  formation  of  local  nongovernmental  organiza- 
tions (NGO's)  that  concern  themselves  with  human  rights.  Some  local  NGO's  include 
among  their  interests  human  rights  problems,  although  none  currently  undertake 
investigations  of  alleged  violations.  No  outside  organizations  are  known  to  have 
made  requests  to  investigate  alleged  human  rights  violations,  but  at  least  one  pub- 
licly protested  the  imprisonment  of  two  journalists  and  a  parliamentarian  for  con- 
tempt in  1996.  Tonga  is  not  a  member  of  the  United  Nations;  it  does  participate 
in  some  U.N.  subsidiary  organizations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Social,  cultural,  and  economic  facilities  are  available  to  all  citizens  regardless  of 
race  or  religion.  However,  members  of  the  hereditary  nobility  have  substantial  ad- 
vantages. These  include  control  over  most  of  the  land  and  a  generally  privileged  sta- 
tus. Nonetheless,  it  is  possible  for  commoners  to  rise  to  cabinet  positions  in  govern- 
ment and  to  accumulate  great  wealth  and  status  in  the  private  sector. 

Women. — Domestic  violence  is  seldom  publicized,  but  it  is  a  problem.  Incidents  of 
wife  beating  are  generally  dealt  with  in  traditional  ways  within  families  or  by  vil- 
lage elders.  Abused  wives  sometimes  return  to  their  families  if  mediation  fails. 

Tonga  has  a  male-dominated  society,  and  women  generally  occupy  a  subordinate 
role.  For  a  woman  to  rise  to  a  position  of  leadership,  she  usually  needs  to  have  the 
support  of  the  nobility  or  to  possess  exceptional  talent.  The  King's  mother  reigned 
for  many  years,  and  a  female  member  oi  the  royal  family  is  one  of  Tonga's  most 
prominent  businesspersons.  Some  female  commoners  hold  senior  leadership  posi- 
tions in  business. 

Some  village  women,  with  help  from  NGO's,  are  leading  local  development 
projects. 

tne  Government  has  a  women's  unit  within  the  Prime  Minister's  office.  Although 
some  NGO's  initially  viewed  this  unit  with  suspicion,  it  appears  to  be  functioning 
cooperatively  with  them.  A  government-sponsored  National  Council  of  Women  also 
is  making  jxjsitive  contributions. 

Children. — The  Government  is  committed  to  children's  human  rights  and  welfare 
and  provides  commensurate  funding  for  children's  welfare  within  the  context  of  the 
total  resources  available  to  the  State.  Child  abuse,  if  it  occurs,  is  rare  and  has  not 
become  a  source  of  societal  concern. 

People  With  Disabilities. — No  mandated  provisions  for  accessibility  to  buildings 
and  services  for  the  disabled  exist.  There  were  no  known  complaints  of  discrimina- 
tion in  employment,  education,  or  provision  of  other  state  services.  Education  of  chil- 
dren with  special  needs  has  been  a  longstanding  priority  of  the  Queen. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  have  the  right  to  form  unions  under  the 
1964  Trade  Union  Act,  but  to  date  no  unions  have  been  formed,  presumably  because 
of  the  small  size  of  the  wage  economy  and  the  lack  of  a  perceived  need  for  unions. 
The  lack  of  unions  makes  the  question  of  the  ability  of  unions  to  afliliate  with  inter- 
national bodies  moot;  however,  such  a  right  is  neither  protected,  prohibited,  nor  lim- 
ited by  the  Government. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Since  no  unions  have  been 
formed,  collective  bargaining  is  not  practiced.  There  is  no  legislation  permitting  and 
protecting  collective  bargaining  or  the  right  to  organize.  Labor  laws  and  regulations 
are  enforced  in  all  sectors  of  the  economy,  including  in  the  two  small  export  en- 
hancement zones. 


921 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  labor  in- 
cluding forced  and  bonded  labor  by  children,  and  it  is  not  practiced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Child 
labor  is  not  used  in  the  wage  economy,  although  there  is  no  legislation  prohibiting 
it.  The  Government  prohibits  forced  and  bonded  labor  by  children  and  enforces  this 
prohibition  effectively  (see  Section  6.c.). 

Education  has  been  compulsory  since  1882.  Although  it  is  sometimes  criticized  as 
being  of  poor  quality,  education  is  provided  for  all  children  through  Form  6  (high 
school).  Compliance  rates  are  good. 

e.  Acceptable  Conditions  of  Work. — There  is  no  minimum  wage  law.  Labor  laws 
and  regulations,  enforced  by  the  Ministry  of  Labor,  Commerce,  and  Industry,  limit 
the  workweek  to  40  hours.  The  Ministry  of  Labor  enforces  laws  and  regulations  rea- 
sonably well  in  the  wage  sector  of  the  economy,  particularly  on  the  main  island  of 
Tongatapu.  Enforcement  in  agriculture  and  on  the  outer  islands  is  limited  by  isola- 
tion. 

Industrial  accidents  are  rare,  as  few  industries  exist  that  would  expose  workers 
to  significant  danger.  Due  to  these  factors,  there  has  been  little  or  no  work  done 
on  industrial  safety  standards. 


TUVALU 

Tuvalu,  with  about  10,000  primarily  Polynesian  people,  occupies  a  land  area  of 
26  square  kilometers  on  9  atolls  in  the  central  South  Pacific.  It  became  independent 
from  the  United  Kingdom  in  1978  and  is  a  member  of  the  Commonwealth  of  Na- 
tions. Its  Constitution  provides  for  a  Westminster-style  parliamentary  democracy. 
Tuvalu's  Head  of  State  is  the  British  Queen,  represented  by  the  Governor  General 
who  must  be  a  Tuvaluan  citizen.  The  judiciary  is  independent. 

A  32-member  police  constabulary,  the  only  security  force,  is  responsible  to  and  ef- 
fectively controlled  by  civilian  authority. 

The  primarily  subsistence  economy  relies  mainly  on  coconuts,  taro,  and  fishing. 
Tuvalu  depends  heavily  on  foreign  aid,  mainly  from  Australia,  New  Zealand,  Japan, 
and  Taiwan.  Remittances  from  Tuvaluans  working  abroad  as  well  as  the  sale  of 
postage  stamps  and  of  fishing  licenses  to  foreign  vessels  provide  additional  foreign 
exchange.  Tuvalu's  isolation  and  meager  natural  resources  limit  the  prospects  for 
economic  development. 

Tuvaluan  society  is  egalitarian,  democratic,  and  respectful  of  human  rights.  Social 
behavior,  as  determined  by  custom  and  tradition,  however,  is  considered  as  impor- 
tant as  the  law  and  is  ensured  by  village  elders.  There  were  no  reports  of  specific 
human  rights  abuses.  However,  in  the  traditional  culture  of  the  islands,  women  oc- 
cupy a  siK)ordinate  role,  with  limits  on  their  job  opportunities,  although  recently 
there  has  been  a  substantial  effort  to  accord  women  equality  in  employment  and  de- 
cisionmaking. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  politically 
motivated  or  other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  forbids  torture  and  inhuman  or  degrading  punishment,  and  there 
were  no  reported  instances  of  such  practices.  Local  hereditary  elders  exercise  consid- 
erable traditional  authority — including  the  seldom  invoked  right  to  inflict  corporal 

fmnishment  for  infringing  customary  rules — which  can  be  at  odds  with  the  national 
aw. 

Prison  facilities  in  this  tiny  island  nation  with  a  population  of  less  than  11,000 
consist  of  several  holding  cells  at  the  back  of  the  police  station.  There  have  been 
no  serious  crimes  within  the  memory  of  local  officials.  It  is  rare  for  a  prisoner  to 
spend  as  long  as  a  week  in  a  cell;  more  commonly,  a  f>erson  is  incarcerated  over- 
night because  of  drunkenness.  While  prison  conditions  are  somewhat  Spartan  as  re- 
gards food  and  sanitation,  the  level  of  complaints  seems  to  be  minimal  or  nonexist- 
ent. Since  there  are  no  local  human  rights  groups,  the  question  of  prison  monitoring 
by  them  has  not  arisen.  Visits  by  church  groups  and  family  members  are  permitted. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention,  or  exile,  and  the  Government  observes  this  pronibition. 


922 

e.  Denial  of  Fair  Public  TVial. — The  Constitution  provides  for  an  independent  judi- 
ciajy,  and  it  is  free  of  governmental  interference. 

The  judicial  system  consists  of  the  higher  courts,  namely,  the  Privy  Council,  the 
Court  of  Appeal,  and  the  High  Court;  and  the  lower  courts,  i.e.,  those  of  the  senior 
and  resident  magistrates,  the  island  courts,  and  the  land  courts.  The  Chief  Justice, 
who  is  also  Chief  Justice  of  Nauru,  sits  on  the  Hi^  Court  about  once  a  year. 

The  right  to  a  fair  public  trial  is  ensured  by  law  and  observed  in  practice.  The 
Constitution  provides  that  accused  persons  must  be  informed  of  the  nature  of  the 
offenses  with  which  they  are  charged  and  be  provided  the  time  and  facilities  re- 
quired to  prepare  a  defense.  An  independent  people's  lawyer  is  ensured  by  statute. 
The  services  of  this  public  defender  are  available  to  all  Tuvaluans  free  of  charge. 
The  right  to  confront  witnesses,  present  evidence,  and  appeal  convictions  is  provided 
by  law.  Procedural  safeguards  are  based  on  English  common  law. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Government  adheres  in  practice  to  the  legal  protection  of  privacy  of  the  home.  It 
does  not  arbitrarily  intrude  into  the  private  life  of  the  individual. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Government  respects  in  practice  freedom 
of  speech  and  press.  The  one  radio  station  is  under  government  control. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly  and  association,  and  there  are  no  significant  restrictions  in 
practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  separation  of  church  and 
state,  and  imposes  no  restrictions  on  freedom  of  religion.  The  Government  respects 
these  provisions. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  are  free  to  travel  within  the  country  and  abroad.  The  Govern- 
ment does  not  restrict  repatriation. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees.  No  person  in  re- 
cent memory  has  applied  for  refugee  status,  and  the  Government  has  not  formu- 
lated a  formal  policy  regarding  refugees,  asylees,  or  first  asylum. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  people  freely  and  directly  elect  a  12-member  unicameral  Parliament  whose 
normal  term  is  4  years.  Each  of  Tuvalu's  nine  atolls  is  administered  by  a  six-person 
council,  also  elected  by  universal  suffrage  to  4-year  terms.  The  minimum  voting  age 
is  18  years. 

The  Cabinet  consists  of  the  Prime  Minister,  elected  by  secret  ballot  from  among 
the  Members  of  Parliament,  and  up  to  four  other  ministers,  appointed  and  removed 
from  office  by  the  Governor  General  with  the  advice  of  the  Prime  Minister.  The 
Prime  Minister  may  appoint  or  dismiss  the  Governor  General  on  behalf  of  the  Brit- 
ish Monarch.  There  are  no  formal  political  parties.  The  Prime  Minister  may  be  re- 
moved from  office  by  a  parliamentary  vote  of  no  confidence.  In  1996  the  then  incum- 
bent Prime  Minister  was  removed  by  a  vote  of  no  confidence. 

For  cultural  reasons,  women  are  underrepresented  in  politics.  The  Parliament  has 
one  female  member,  who  is  a  member  of  the  Cabinet. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  have  been  no  reported  allegations  of  human  rights  violations  by  the  Gov- 
ernment and  no  known  requests  for  investigations.  While  no  known  barriers  block 
their  establishment,  there  are  no  local  nongovernmental  organizations  that  concern 
themselves  with  human  rights.  Tuvalu  is  not  a  member  of  the  United  Nations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  on  the  basis  of  race,  creed,  sex,  or  na- 
tional origin,  and  the  Government  generally  respects  these  prohibitions.  However, 
the  traditional  culture  has  limited  women's  job  opportunities. 

Women. — Violence  against  women  is  rare.  If  wife  beating  occurs,  it  is  infrequent 
and  has  not  become  a  source  of  societal  concern. 

Women  increasingly  hold  positions  in  the  health  and  education  sectors,  and  also 
are  more  active  politically. 


923 

Children. — The  Government  is  committed  to  children's  human  rights  and  welfare 
and  provides  commensurate  funding  for  children's  welfare  within  the  context  of  the 
total  resources  available  to  the  State.  There  are  no  reports  of  child  abuse. 

People  With  Disabilities. — Although  there  are  no  mandated  accessibility  provisions 
for  the  disabled,  there  are  no  known  reports  of  discrimination  in  employment,  edu- 
cation, or  provision  of  other  state  services. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  are  free  to  organize  unions  and  choose  their 
own  labor  representatives,  but  most  of  the  population  lacks  permanent  employment 
and  is  engaged  in  subsistence  activity.  The  law  provides  for  the  right  to  strike,  but 
no  strike  has  ever  been  recorded. 

In  the  public  sector,  civil  servants,  teachers,  and  nurses — who  total  less  than 
1,000  employees — are  grouped  into  associations  which  do  not  presently  have  the  sta- 
tus of  unions.  The  only  registered  trade  union,  the  Tuvalu  Seamen's  Union,  has 
about  600  members,  who  work  on  foreign  merchant  vessels.  Unions  may  affiliate 
with  international  bodies.  The  Seamen's  Union  is  a  member  of  the  International 
Transportation  Workers'  Federation. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Industrial  Relations  Code 
(1978)  provides  for  conciliation,  arbitration,  and  settlement  procedures  in  cases  of 

t labor  disputes.  Although  there  are  provisions  for  collective  bargaining,  the  practice 
in  the  private  sector  is  for  wages  to  be  set  by  employers.  For  both  the  private  and 
public  sectors,  the  legal  procedures  for  resolving  labor  disputes  are  seldom  used;  in- 
stead, the  two  sides  normally  engage  in  nonconirontational  deliberations  in  the  local 
multipurpose  meeting  hall. 

Tuvalu  is  not  a  member  of  the  International  Labor  Organization. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Tuvalu  Employment  Ordi- 
nance (1978)  prohibits  forced  or  compulsory  labor,  including  by  children,  and  there 
have  been  no  reports  of  either  being  practiced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Em- 
ployment Law  prohibits  children  under  the  age  of  14  from  working.  Education  is 
compulsory  for  children  from  6  through  13  years  of  age.  The  Law  also  prohibits  chil- 
dren under  15  years  of  age  from  industrial  employment  or  work  on  any  ship  and 
stipulates  that  children  under  the  age  of  18  years  are  not  allowed  to  enter  into  for- 
mal contracts,  including  work  contracts.  Children  are  rarely  employed  outside  the 
traditional  economy. 

The  GJovemment  prohibits  forced  and  bonded  labor  by  children  and  enforces  this 
prohibition  effectively  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  modest  minimum  wage,  set  administra- 
tively by  the  (jovemment,  is  sufiicient  to  allow  a  worker  and  family  in  the  wage 
economy  to  maintain  a  decent  standard  of  living.  The  present  minimum  wage  in  the 
public  (government)  sector  is  $0.73  ($A1.00)  per  hour.  This  rate  applies  regardless 
of  sex  and  age.  In  most  cases,  the  private  sector  adopts  the  same  minimum  wage 
rate. 

The  Labor  Office  may  specify  the  days  and  hours  of  work  for  workers  in  various 
industries.  The  workday  by  law  is  set  at  8  hours.  The  majority  of  workers  are  out- 
side the  wage  economy.  The  law  provides  for  rudimentary  health  and  safety  stand- 
ards. It  requires  employers  to  provide  an  adequate  potable  water  supply,  basic  sani- 
tary arrangements,  and  medical  care.  Specific  provisions  of  the  law  provide  for  the 
protection  of  female  workers.  The  Ministry  of  Labor,  Works,  and  Communications 
IS  responsible  for  the  enforcement  of  these  regulations,  but  it  is  able  to  provide  only 
minimum  enforcement. 


VANUATU 

Vanuatu,  a  small  South  Pacific  island  nation  of  approximately  170,(X)0  people 
which  was  jointly  administered  by  Britain  and  France  prior  to  its  independence  in 
1980,  has  a  parliamentary  form  of  government  with  a  50-member  Parliament,  a 
Prime  Minister,  and  a  President.  The  latter's  powers  are  largely  ceremonial,  except 
when  acting  on  the  advice  of  the  Council  of  Ministers.  Political  legitimacy  is  based 
on  majority  rule.  The  courts  are  normally  independent  of  executive  interference. 

The  civilian  authorities  normally  control  the  small  police  force  and  the  para- 
military Vanuatu  Mobile  Force  (VMF).  In  the  wake  of  a  mutiny  by  elements  of  the 
VMF  in  October,  1996,  the  mutineers  were  arrested,  tried  and  sentenced.  Seven  of 
them  were  dismissed  from  the  VMF  by  the  Police  Service  Commission.  The  Govern- 


924 

ment  accepted  recommendations  placing  the  VMF  more  firmly  under  the  operational 
control  of  the  Police  Commissioner. 

Subsistence  and  small-scale  agricultural  production  and  fishing  support  more 
than  80  percent  of  the  population.  Copra,  cocoa,  and  beef  cattle  are  the  main  cash 
crops.  The  service  sector — government,  tourism,  and  an  offshore  financial  center — 
provides  most  formal  employment  and  represents  the  largest  component  of  the  coun- 
try's gross  domestic  product. 

Government  control  over  much  of  the  media,  attacks  on  an  outspoken  ombuds- 
man, together  with  discrimination  and  violence  against  women,  were  the  country's 
major  human  rights  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Constitutional  provisions  against  torture  and  cruel,  inhuman,  or  degrading  treat- 
ment are  observed  in  practice  and  enforced  by  the  courts.  The  law  provides  that 
prisoners  shall  have  recourse  to  the  Ombudsman,  a  constitutional  position. 

FVison  conditions  meet  minimum  international  standards,  and  the  Government 
permits  visits  by  human  rights  monitors,  if  requested. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — There  were  no  reports  of  arbitraiy  ar- 
rests. Arrest  is  by  warrant.  The  Constitutional  provision  that  suspects  must  be  in- 
formed of  the  charges  and  given  a  speedy  hearing  before  a  judge  is  observed  in  prac- 
tice. There  is  no  exile. 

e.  Denial  of  Fair  Public  Trial. — The  courts  are  normally  free  of  military  or  execu- 
tive interference.  Most  routine  legal  matters  appear  before  magistrate's  courts. 
There  is  also  a  Supreme  Court,  and  above  the  Supreme  Court  an  Appeals  Court 
with  three  judges,  two  of  whom  are  appointed  by  the  President  and  chosen  from 
among  supreme  court  judges  in  other  south  Pacific  nations  as  required. 

The  judicial  system  is  based  on  British  law.  The  courts  uphold  constitutional  pro- 
visions for  a  fair  public  trial,  presumption  of  innocence  until  guilt  is  proven,  prohibi- 
tion against  double  jeopardy,  the  right  of  judicial  determination  of  the  validity  of 
arrest  or  detention,  and  appeal  to  the  Supreme  Court.  However,  the  executive  has 
tried  to  pressure  the  largely  expatriate  judiciary  in  cases  with  political  implications. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — There 
were  no  reports  of  arbitrary  interference  with  privacy,  family,  home,  or  correspond- 
ence. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press;  however,  these  provisions  have  not  always  been  honored  in  practice. 
The  Government  controls  mucn  of  the  country's  media,  including  a  weekly  news- 
paper, one  AM  and  one  FM  radio  station,  and  a  limited-service  television  station 
confined  to  the  capital.  Port  Vila,  which  provides  English  and  French  news  service 
three  times  a  week.  In  late  1994,  an  independent  weekly,  which  has  since  expanded 
into  semiweekly  editions,  began  publishing.  Opposition  political  parties  and 
groupings  occasionally  publish  newsletters. 

In  July  the  Council  of  Ministers  began  moves,  which  are  currently  under  court 
review,  to  remove  Ombudsman  Marie  Noel  Ferrieux  Patterson,  who  had  angered 
some  politicians  by  continued  reporting  of  their  corruption  and  malfeasance.  Two 
weekly  newspapers,  the  Vanuatu  Weekly  Hebdomadaire  and  the  Vanuatu  Trading 
Post,  covered  the  ongoing  conti-oversy. 

Vanuatu  governments  have  not  been  as  concerned  over  media  reports  directed  to 
external  audiences.  PACNEWS,  a  Pacific  regional  news  agency  located  in  Vanuatu 
since  1994,  continued  to  transmit  stories  throughout  the  region  even  when  they  in- 
cluded criticism  of  the  country's  leaders.  Correspondents  for  international  media  are 
also  allowed  to  report  without  interference. 

The  Government  respects  academic  freedom.  Vanuatu  has  three  institutions  of 
higher  education — a  teachers  college,  an  agricultural  school,  and  an  annex  of  the 
University  of  the  South  Pacific. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Permits  must  be  obtained  to 
hold  public  demonstrations  and  rallies;  they  are  routinely  granted. 

The  Government  does  not  restrict  the  forming  of  political  parties  and  other 
groups. 


925 

c.  Freedom  of  Religion. — ^The  law  provides  for  freedom  of  religion,  and  the  Govern- 
ment respected  it  in  practice.  Missionaries  of  various  Christian  denominations  work 
without  restriction.  TTie  Government  apparently  has  not  attempted  to  enforce  the 
1995  Religious  Bodies  Act,  which  the  President  refused  to  sign  on  constitutional 
grounds.  The  act  gives  the  Government  the  ri^t  to  register  and  potentially  to  con- 
trol the  activities  of  religious  organizations. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^All  citizens  are  free  to  travel  internally  and  externally  and  to  return 
from  abroad  without  restrictions. 

The  Government  has  not  formulated  a  policy  regarding  refugees,  asylees,  or  first 
asylum.  The  issue  of  the  provision  of  first  asylum  has  never  arisen. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  Constitution  provides  for  parliamentary  elections  every  4  years,  through 
which  citizens  can  freely  change  tneir  government.  Parliamentary  majorities  have 
been  unstable,  with  legislators  spending  much  time  and  energy  accumulating  sup- 

Kort  for  votes  of  no  confidence  on  the  one  hand  and  fending  tliem  off  on  the  other, 
fone  of  the  three  main  parties  gained  a  majority  in  the  general  elections  held  in 
1995.  The  present  Government,  a  coalition  led  by  Prime  Minister  Serge  Vohor,  as- 
sumed office  in  October  1996  after  two  earlier  coalitions  had  been  toppled  by  no- 
confidence  votes.  Since  that  time,  Vohor  has  shuffled  his  cabinet  several  times.  Al- 
though the  President  dissolved  Parliament  on  November  27  and  called  for  new  elec- 
tions on  January  20,  1998,  the  Appeals  Court  is  reviewing  whether  the  dissolution 
of  ParUament  was  constitutional.  The  prospects  for  elections  remained  uncertain  at 
year's  end. 

While  outside  observers  generally  consider  the  November  1995  voting  to  be  fair, 
the  government's  influence  on  the  media  prevented  opposition  parties  from  fully 
pubhcizing  their  views.  That  government,  as  well  as  successor  governments,  have 
also  been  accused  of  politically  oiased  employment  practices. 

Traditionsd  attitudes,  in  which  men  are  dominant  and  women  are  frequently  lim- 
ited to  customary  family  roles,  hamper  women  from  taking  a  more  active  role  in  eco- 
nomic and  political  life.  One  Member  of  Parliament  is  a  woman,  who  also  served 
briefly  as  a  cabinet  minister  in  the  current  government.  The  Ombudsman  is  a 
woman. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  no  restrictions  on  the  formation  of  local  human  rights  organizations, 
and  Vanuatu's  first,  the  Human  Rights  Forum,  was  founded  in  1994. 

In  July  the  Council  of  Ministers  began  moves,  which  are  currently  under  court 
review,  to  remove  Ombudsman  Marie  Noel  Ferrieux  Patterson,  who  had  angered 
some  politicians  by  continued  reporting  of  their  corruption  and  malfeasance  (see 
Section  2.a.).  In  November  Parliament  repealed  the  Ombudsman  Act.  The  President 
refused  to  sign  the  bill  into  law  until  the  Supreme  Court  had  reviewed  it.  If  the 
repeal  of  the  act  is  upheld,  the  current  Ombudsman  would  remain  in  office  until 
a  new  act  is  drafted  and  passed. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  1980  Constitution  provides  fundamental  rights  and  freedoms  to  "all  persons 
.  .  .  without  discrimination  on  the  grounds  of  race,  place  of  origin,  religious  or  tradi- 
tional beliefs,  political  opinions,  language,  or  sex."  Despite  constitutional  and  legal 
protections,  women  remain  victims  of  discrimination  in  this  tradition-based  society. 
Due  to  high  rates  of  unemployment,  there  are  few  jobs  available  to  the  disabled. 

Women. — Violence  against  women,  particularly  wife  beating,  is  believed  to  be  com- 
mon, althou^  no  accurate  statistics  exist.  Courts  occasionally  prosecute  offenders 
using  common  law  assault  as  a  basis  for  prosecution  since  there  are  no  specific  laws 
against  wife  beating.  However,  most  cases  of  violence  against  women,  including 
rape,  go  unreported  oecause  women,  particularly  in  rural  areas,  are  reluctant  to  re- 
port them  for  fear  of  ftirther  abuse.  In  addition  police  are  frequently  reluctant  to 
intervene  in  what  are  considered  to  be  domestic  matters. 

While  women  have  equal  rights  under  the  law,  they  are  only  slowly  emerging 
from  a  traditional  culture  characterized  by  male  dominance,  a  general  reluctance  to 
educate  women,  and  a  widespread  belief  that  women  should  devote  themselves  pri- 
marily to  childbearing.  In  announcing  Vanuatu's  ratification  of  the  U.N.  Convention 
on  Elimination  of  all  Forms  of  Discrimination  Against  Women  (CEDAW)  at  the  1995 
U.N.  Conference  on  Women  in  Beijing,  the  then-Deputy  Prime  Minister  stated  that 
it  would  take  time  to  implement  the  laws  giving  equal  rights  to  women. 


926 

The  majority  of  women  enter  into  marriage  through  "bride-price  payment,"  a  prac- 
tice that  encourages  men  to  view  women  as  property.  Women  are  also  inhibited  by 
tradition  from  owning  land,  and  at  least  one  women's  advocate  believes  thds  limita- 
tion serves  to  underpin  their  secondary  status.  Many  female  leaders  view  village 
chiefs  as  a  major  oostacle  to  attaining  social,  political  and  economic  rights  for 
women.  The  National  Council  of  Women  organized  seminars  prior  to  the  November 
1995  general  elections  to  increase  women's  awareness  of  their  political  ri^ts. 

ChUdren. — Although  the  Government  has  made  education  a  priority,  access  to 
education  is  limited  and  school  attendance  is  not  compulsory.  Children  are  protected 
within  the  traditional  extended-family  system.  Members  of  the  extended  family,  par- 
ticularly paternal  uncles,  play  an  active  role  in  a  child's  development.  As  a  result, 
virtually  no  children  are  nomeless  or  abandoned.  There  is  no  societal  pattern  of 
abuse,  although  cases  of  child  abuse  are  occasionally  reported. 

People  With  Disabilities. — There  is  no  known  governmental  or  national  policy  on 
the  disabled  and  no  legislation  mandating  access  for  them.  Their  protection  and  care 
is  left  to  the  traditional  extended  family  and  to  voluntary  nongovernmental  organi- 
zations. 

National  / Racial  / Ethnic  Minorities. — Most  of  the  population  is  made  up  of  Mela- 
nesians.  Small  minorities  of  Chinese,  Fijians,  Vietnamese,  Tongans,  and  Europeans 
are  generally  concentrated  in  two  towns  and  on  a  few  plantations;  they  experience 
discrimination  with  regard  to  land  ownership.  There  is  no  evidence  to  suggest  a  pat- 
tern of  ethnic  discrimination  in  the  provision  of  the  limited  basic  services  which  the 
Government  provides. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^The  law  provides  workers  with  the  right  to  organize 
unions.  Unions  may  not  afliliate  with  international  labor  federations  without  gov- 
ernment f>ermission. 

Approximately  29,000  persons  participate  in  the  formal  economy  as  wage  earners. 
There  are  five  trade  unions.  The  unions  are  grouped  under  an  umbrella  organiza- 
tion, the  Vanuatu  Council  of  Trade  Unions,  a  member  of  the  International  Confed- 
eration of  Free  Trade  Unions.  The  trade  unions  are  independent  of  the  Government 
and  ran  a  number  of  candidates  under  the  Labor  Party  banner  in  the  November 
1995  general  elections,  although  no  Labor  candidate  was  elected  to  Parliament  or 
received  more  than  a  small  percentage  of  the  votes. 

The  high  percentage  of  the  population  still  engaged  in  subsistence  agriculture  and 
fishing  deters  extensive  union  activity.  In  addition  membership  in  the  Vanuatu  F*ub- 
lic  Servants  Union  fell  dramatically  following  the  Government's  wholesale  dismissal 
of  hundreds  of  full-time  public  servants  during  a  protracted  general  strike  in  1994. 
The  Supreme  Court  in  February  1994  ruled  that  the  union  had  not  complied  with 
its  own  rules  when  it  undertook  the  general  strike  and  declared  the  strike  illegal. 
Combined  union  membership  in  the  private  and  public  sectors  reportedly  has  fallen 
from  more  than  4,000  to  less  than  1,000  in  the  aftermath  of  the  1994  strike. 

The  law  prohibits  retribution  if  the  strike  is  legal.  In  the  case  of  private-sector 
employees,  violations  would  be  referred  to  the  Labor  Department  for  conciliation 
and  arbitration.  In  the  public  sector,  violations  would  be  handled  by  the  Public  Serv- 
ice Commission. 

In  August  1995,  T'arliament  passed  a  law  requiring  unions  to  give  30  days'  notice 
of  intent  to  strike,  with  a  list  oi  the  names  of  intending  strikers. 

There  was  no  significant  strike  activity  in  1997. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Unions  exercise  the  right  to 
organize  and  bargain  collectively.  Labor  unions  negotiate  wages  and  conditions  di- 
rectly with  management.  If  the  two  sides  cannot  agree,  the  matter  is  referred  to  a 
3-member  arbitration  board  appointed  by  the  Minister  of  Home  Affairs.  The  board 
consists  of  one  representative  from  organized  labor,  one  from  management,  and  the 
senior  magistrate  of  the  magistrate's  court.  While  a  dispute  is  before  the  board, 
labor  may  not  strike  and  management  may  not  dismiss  union  employees.  Unions 
and  management,  however,  generally  reach  agreement  on  wages  without  having  to 
refer  the  matter  to  arbitration.  Complaints  of  antiunion  discrimination  are  referred 
to  the  Commissioner  of  Labor.  While  the  law  does  not  require  union  recognition, 
once  a  union  is  recognized,  it  does  prohibit  antiunion  discrimination. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor,  including  forced  and  bonded  labor  by  children,  and  there  were  no  re- 
ports that  either  adults  or  children  were  subject  to  conditions  of  forced,  bonded,  or 
compulsory  labor. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  children  under  12  years  of  age  from  working  outside  of  family-owned  agri- 


927 

cultural  production,  where  many  children  assist  their  parents.  There  were  no  re- 
ports of  forced  or  bonded  labor  by  children,  which  is  prohibited  by  law  (see  Section 
6.c).  Employment  of  children  from  12  to  18  years  of  age  is  restricted  by  occupational 
category  and  conditions  of  labor,  for  example,  restnctions  on  employment  in  the 
shipping  industry  and  on  night-time  employment.  The  Labor  Department  effectively 
enforces  these  laws. 

e.  Acceptable  Conditions  of  Work. — Vanuatu  has  a  legislated  minimum  wage,  ef- 
fectively enforced  by  the  Labor  Department.  In  February  1995,  it  was  raised  to  a 
flat  rate  of  approximately  $143  (16,000  vatu)  f>er  month  for  both  urban  and  rural 
workers.  The  previous  minimum  wage  was  approximately  $93  for  rural  workers  and 
$107  (13,200  vatu)  for  urban  workers.  The  minimum  wage  would  not  support  an 
urban  family  living  entirely  on  the  cash  economy.  Most  families  are  not  dependent 
solely  on  wages  for  their  livelihoods. 

Various  laws  regulate  the  rights  to  sick  leave,  annual  vacations,  and  other  condi- 
tions of  employment,  including  a  44-hour  maximum  woritweek,  with  at  least  one  24- 
hour  rest  period  weekly.  Vanuatu's  Employment  Act,  enforced  by  the  Labor  Depart- 
ment, includes  provisions  for  safety  standards.  However,  the  1987  safety  and  health 
legislation  is  inadequate  to  protect  workers  engaged  in  logging,  agriculture,  con- 
struction, and  manufacturing,  and  the  single  inspector  attacned  to  the  Labor  De- 
partment is  hard  pressed  to  enforce  the  act  fully.  Workers  have  the  right  to  remove 
themselves  from  dangerous  work  situations  without  jeopardy  to  their  continued  em- 
ployment. 


VIETNAM 

The  Socialist  Republic  of  Vietnam  is  a  one-party  state  ruled  and  controlled  by  the 
Vietnamese  Conxmunist  Party  (VCP).  The  VCPs  constitutionally  mandated  leading 
role  and  the  occupancy  of  all  senior  government  oositions  by  party  members  ensures 
the  primacy  of  party  Politburo  guidelines.  The  National  Assembly,  chosen  in  elec- 
tions in  which  ail  candidates  are  approved  by  the  party,  remains  subservient  to  the 
VCP.  The  party  reduced  its  formal  involvement  in  government  operations.  The  Gov- 
ernment made  progress  in  strengthening  the  capacity  of  the  National  Assembly  and 
reforming  the  bureaucracy.  Government-proposed  legislation  received  wide  press  at- 
tention, and  the  National  Assembly  played  a  stronger  role  in  that  debate  in  1997. 
The  Assembly  also  was  more  active  in  revising  legislation  and  vetting  ministerial 
and  other  candidates  for  office.  Government  omcials  have  more  latitude  in  imple- 
menting policies  than  in  previous  years.  The  judiciary  remains  subservient  to  the 
VCP. 

The  military  services  are  responsible  for  external  defense,  including  the  border  de- 
fense force.  The  military  forces  are  assuming  a  more  important  role  as  the  ultimate 
guarantor  of  internal  security,  as  they  seek  to  establish  themselves  in  public  edu- 
cation and  campaigns  against  perceived  threats  to  society.  The  Government  contin- 
ued to  restrict  significantly  civil  liberties  on  grounds  of  national  security.  The  Min- 
istry of  Interior  controls  the  police,  a  special  national  security  investigative  agency, 
and  other  units  that  maintain  internal  security.  Under  the  control  of  the  party  and 
the  Government,  the  Ministry  enforces  laws  and  regulations  that  significantly  re- 
strict individual  liberties  and  violate  other  human  rights.  The  Ministry  of  Interior 
maintains  a  system  of  household  registration  and  block  wardens  to  monitor  the  pop- 
ulation, concentrating  on  those  suspected  of  engaging,  or  being  likely  to  engage,  in 
unauthorized  political  activities.  However,  this  system  has  became  less  obvious  and 
pervasive  in  its  intrusion  into  citizens'  daily  lives.  Members  of  the  security  forces 
committed  human  rights  abuses. 

Vietnam  is  a  very  poor  country  undergoing  transition  from  a  centrally  planned  to 
a  more  market-oriented  economy.  Agriculture,  primarily  rice  cultivation,  employs 
two-thirds  of  the  work  force  and  accounts  for  one-third  of  gross  domestic  product 
(GDP).  The  country  has  experienced  rapid  growth  in  many  primary  industries,  in- 
cluding construction,  petroleum,  textiles,  and  light  manufacturing.  Exports,  led  by 
crude  oil,  rice,  marine  products,  textiles,  and  foodstuffs,  have  increased  sharply.  Es- 
timated annual  GDP  per  capita  is  approximately  $300.  Particularly  in  urban  areas, 
economic  reforms  have  raised  the  standard  of  living  and  reduced  party  and  govern- 
ment control  over,  and  intrusion  into,  citizens'  daily  lives.  Reforms  have  created  a 
popular  demand  for  social,  legal,  educational  and  physical  improvements. 

The  Government's  human  rights  record  continued  to  be  poor.  The  Government 
continued  to  repress  basic  political  and  some  religious  freedoms  and  to  commit  nu- 
merous abuses.  While  the  VCP  moved  to  reform  orocedures  and  internal  debate,  the 
Government  denied  citizens  the  right  to  change  tneir  government.  There  were  credi- 


928 

ble  reports  that  security  oflicials  beat  detainees.  Prison  conditions  remain  harsh. 
The  Government  arbitrarily  arrested  and  detained  citizens,  including  detention  for 
peaceful  expression  of  political  and  religious  objections  to  government  policies.  The 
Government  denied  citizens  the  right  to  fair  and  expeditious  trials  and  holds  a  num- 
ber of  political  prisoners.  The  Government  restricts  significantly  citizens'  privacy 
rights,  although  the  trend  toward  reduced  government  interference  in  citizens'  daily 
lives  continued.  The  Government  significantly  restricted  freedom  of  speech,  assem- 
bly, and  association.  The  Government  continued  its  longstanding  policy  of  not  toler- 
ating most  types  of  public  dissent,  although  exceptions  were  made  if  they  appeared 
to  serve  the  interests  of  the  party  or  the  Government.  The  Government  allowed  citi- 
zens slightly  greater  freedom  of  expression  and  assembly  to  protest  grievances.  The 
Government  prohibited  indef>endent  political,  labor,  and  other  organizations;  such 
organizations  exist  only  under  government  control.  The  Government  significantly  re- 
stricts freedom  of  religion;  it  limits  the  operation  of  religious  organizations  to  those 
entities  approved  by  the  State.  Societal  discrimination  and  violence  against  women 
remained  problems.  Trafficking  in  women  and  children  for  prostitution  within  the 
country  and  abroad  grew,  although  the  Government  continued  to  combat  the  prob- 
lem. Discrimination  against  ethnic  minorities  and  child  labor  are  problems.  There 
were  reports  that  certain  prisons  employed  forced  labor,  sometimes  as  part  of  com- 
mercial ventures. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Pcditical  and  Other  Extrajudicial  Killing. — There  were  no  known  politically  mo- 
tivated extrajudicial  killings.  Little  information  is  available  on  the  extent  of  deaths 
in  police  custody  or  on  official  investigations  into  such  incidents.  There  were  reports 
that  harsh  prison  conditions  contributed  to  the  death  of  a  number  of  inmates  (see 
Section  I.e.). 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  physical  abuse.  There  were  no  known  reports  of  torture  of  detain- 
ees. Little  information  is  available  on  the  extent  of  police  brutality  during  interroga- 
tions. 

Prison  conditions  are  harsh.  Conditions  generally  do  not  threaten  the  lives  of  pris- 
oners, but  some  released  prisoners  reported  that  the  death  rate  among  male  pris- 
oners was  higher  than  for  female  prisoners.  Overcrowding,  insufficient  diet,  and 
poor  sanitation  remain  serious  problems.  Conditions  in  pretrial  detention  are  par- 
ticularly harsh,  and  there  were  credible  reports  that  authorities  sometimes  denied 
inmates  access  to  sunlight,  exercise,  and  reading  material.  Most  prisoners  have  ac- 
cess to  basic  health  care  and,  for  those  with  money,  to  supplemental  food  and  medi- 
cine. However,  some  political  prisoners  were  denied  visitation  rights,  and  there  were 
reports  that  some  prisons  employ  the  use  of  forced  labor,  sometimes  as  part  of  com- 
mercial ventures  (see  Section  6.c.).  F*risoners  sentenced  to  hard  labor  complained 
that  their  diet  and  medical  care  were  insufficient  to  sustain  health,  especially  in  re- 
mote, disease-ridden  areas.  Several  political  prisoners  with  serious  medical  condi- 
tions are  held  under  harsh  conditions  in  remote  prisons,  with  limited  access  to  med- 
ical care.  For  example.  Dr.  Doan  Viet  Hoat  (see  Section  I.e.)  continued  to  serve  a 
15-year  sentence  at  the  Thanh  Cam  camp,  a  remote  and  malaria-ridden  area  of 
Thanh  Hoa  province,  1,400  kilometers  from  his  home  and  relatives.  His  location  has 
made  it  difficult  for  his  family  to  provide  him  with  medicine  for  his  kidney  disorder. 
Similarly,  Do  Van  Thac,  sentenced  to  14  (reduced  to  12)  years'  imprisonment  on 
charges  of  attempting  to  overthrow  the  Government,  remains  imprisoned  in  remote 
Nam  Ha  province,  despite  reports  that  he  suflered  a  stroke  and  is  suffering  from 
heart  disease. 

The  Government  does  not  permit  independent  monitoring  of  its  prison  and  deten- 
tion system. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Government  continued  to  arrest  and 
detain  citizens  arbitrarily.  The  1990  Criminal  Procedures  Code  provides  for  various 
rights  of  detainees,  including  time  limits  on  pretrial  detention  and  the  right  of  the 
accused  to  have  a  lawyer  present  during  interrogation.  In  practice,  the  authorities 
often  ignore  these  legal  safeguards. 

The  Supreme  People's  Procuracy  approves  the  issuance  of  arrest  warrants,  but 
law  enforcement  officials  appear  able  to  arrest  and  incarcerate  persons  without  pre- 
senting arrest  warrants.  Once  arrested,  detainees  often  are  held  for  lengthy  periods 
without  formal  charges  or  trial.  Le  Hong  Ha  was  held  without  trial  from  December 
5,  1995,  until  his  conviction  at  a  1-day  trial  on  August  22,  1996.  He  was  finally  re- 


929 

leased  on  August  6.  Time  spent  in  pretrial  detention  generally  counts  towards  time 
served  upon  sentencing. 

There  were  credible  reports  that  authorities  moved  juvenile  offenders  from  reform 
schools  to  labor  camp  prisons  without  legal  due  process,  upon  their  reaching  the  age 
of  majority. 

Those  arrested  for  peaceful  expression  of  views  opposed  to  official  policy  are  sub- 
ject to  be  charged  under  any  one  of  several  provisions  in  the  Criminal  Code  outlaw- 
ing acts  against  the  State. 

No  official  statistics  are  available  on  the  percentage  of  the  prison  population  that 
consists  of  pretrial  detainees  or  the  average  period  of  time  that  such  detainees  have 
been  held,  ft  is  difficult  to  determine  the  exact  number  of  political  detainees,  in  part 
because  the  Government  usually  does  not  publicize  such  arrests. 

The  Government  does  not  use  exile  as  a  means  of  political  control  but  has  em- 
ployed internal  isolation  to  restrict  the  movement  of  certain  political  and  religious 
dissidents.  For  example,  credible  reports  indicate  that  the  leader  of  the  United  Bud- 
dhist Church  of  Vietnam  (UBVC),  Thich  Huyen  Quang,  is  under  administrative  de- 
tention and  is  prohibited  from  returning  to  his  home  pagoda  in  Hue.  The  Govern- 
ment claimed  tnat  he  is  not  under  any  legal  restrictions  but  did  not  permit  out- 
siders to  verify  his  status. 

e.  Denial  of  Fair  Public  Trial. — Although  the  Constitution  provides  for  the  inde- 

f)endence  of  judges  and  jurors,  in  practice  the  VCP  controls  the  courts  closely  at  all 
evels,  selecting  judges  primarily  for  political  reliability.  Credible  reports  indicate 
that  party  officials,  including  top  leaders,  instruct  courts  how  to  rule  on  politically 
important  cases.  The  National  Assembly  votes  for  candidates  that  are  presented  by 
the  President  for  Supreme  People's  Court  president  and  Supreme  People's  procu- 
rator. The  President  appoints  all  other  judges. 

The  court  system  consists  of  the  Supreme  People's  Court  in  Hanoi,  provincial 
courts,  district  courts,  and  military  tribunals.  The  Supreme  People's  Court  can  re- 
view cases  from  the  lower  courts  or  tribunals.  Separately,  economic  courts  handle 
commercial  disputes.  Administrative  courts  deal  with  complaints  by  citizens  about 
official  abuse  and  corruption.  The  economic  and  administrative  courts  have  ad- 
dressed few  cases  since  their  creation  in  1994  and  1995,  respectively.  Local  mass 
organizations  are  empowered  to  deal  with  minor  breaches  of  law  or  disputes. 

The  Supreme  People's  Procuracy  has  unchecked  power  to  bring  charges  against 
the  accused  and  serves  as  prosecutor  during  trials.  A  judging  council,  made  up  of 
a  judge  and  one  or  more  people's  jurors  (lay  judges),  determines  guilt  or  innocence 
and  also  passes  sentence  on  the  convicted.  The  relevant  people's  council  appoints 

[)eople's  jurors,  who  are  required  to  have  high  moral  standards  but  need  not  have 
eg^  training. 

The  Government  continued  its  effort  to  develop  the  legal  system  as  part  of  ex- 
panding the  rule  of  law.  The  Government  has  made  some  progress;  in  July  1996, 
the  838-article  Civil  Code  came  into  effect,  a  major  step  in  this  effort.  Many  judges 
and  other  court  officials  lack  adequate  legal  training,  and  the  Government  conducts 
a  training  program  to  address  this  problem.  However,  the  lack  of  openness  in  the 
judicial  process  and  the  continuing  subservience  of  the  judiciary  to  the  party  under- 
mined the  Government's  efforts  to  develop  a  fair,  effective,  judicial  system. 

Trials  generally  are  open  to  the  public,  although  judicial  authorities  sometimes 
closed  trials  or  strictly  limited  attendance  in  sensitive  cases.  Defendants  have  the 
right  to  be  present  at  their  trial  and  to  have  a  lawyer.  The  defendant  or  the  defense 
lawyer  has  the  ri^t  to  cross-examine  witnesses.  In  political  cases,  however,  there 
are  credible  reports  that  defendants  are  not  allowed  access  to  government  evidence 
in  advance  of  tne  trial,  to  cross-examine  witnesses,  or  to  challenge  statements.  Little 
information  is  available  on  the  extent  to  which  defendants  and  their  lawyers  have 
time  to  prepare  for  trials.  Those  convicted  have  the  right  to  appeal. 

The  Government  continued  to  hold  a  number  of  political  prisoners  incarcerated  for 
the  peaceful  expression  of  dissenting  religious  or  political  views.  For  example,  Doan 
Viet  Hoat  is  serving  a  15-year  sentence  imposed  in  1990  for  publishing  a  reformist 
newsletter.  Others  arrested  with  him,  including  Nguyen  Van  Thuan  and  Le  Due 
Vuoug,  are  also  serving  lengthy  prison  sentences.  Human  rights  activist  Nguyen 
Dan  Que,  sentenced  to  20  years'  imprisonment  in  1991  for  publicly  supporting  politi- 
cal reform  and  respect  for  human  rights,  remains  in  isolation  in  prison  despite  re- 
portedly being  in  poor  health.  Nine  people,  including  Nguyen  Dinh  Huy,  remain  in 
prison  for  trying  to  organize  a  conference  on  democracy  in  Ho  Chi  Minh  City  in 
1993.  At  least  seven  Catholic  priests  of  the  Congregation  of  the  Mother  Co- 
Redemptrix  remain  in  prison  under  long  sentences  imposed  after  their  1987  arrest 
and  conviction  on  charges  of  "sowing  disunity  between  the  people  and  State."  Some 
political  prisoners  were  denied  visitation  rights. 


930 

Amnesty  International  lists  54  prisoners  held  for  political  reasons  but  suggests 
that  the  total  may  be  higher.  Vietnamese  exile  groups  have  claimed  that  there  are 
as  many  as  1,000  political  prisoners  in  the  country;  other  reliable  sources  put  the 
figure  closer  to  200  persons.  The  Government  continued  to  release  prisoners  as  part 
of  regular  amnesties  to  commemorate  important  national  holidays.  The  Government 
released  political  prisoner  Pham  Due  Knam  on  September  4  and  allowed  him  to 
emigrate  to  join  his  family.  Kham  was  arrested  with  Doan  Viet  Hoat  and  had  served 
7  years  of  a  12-year  sentence  on  charges  of  plotting  to  overthrow  the  Government. 

The  Government  states  that  it  does  not  hold  any  political  prisoners;  however,  it 
usually  does  not  publicize  the  arrests  of  citizens  for  political  reasons  and  frequently 
conducts  closed  trials  and  sentencing  sessions. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — ^The 
Constitution  provides  for  the  right  to  privacy  of  home  and  correspondence.  However, 
the  Government  restricts  this  right.  It  operates  a  nationwide  system  of  surveillance 
and  control  through  household  registration  and  block  wardens  who  use  informants 
to  keep  track  of  individuals'  activities.  Citizens  must  register  with  police  when  they 
leave  home,  remain  in  another  location  overnight,  or  when  they  change  their  resi- 
dence (see  Section  2.d.);  however,  these  requirements  are  not  consistently  enforced. 
Many  foreign  observers  in  the  country  believe  that  this  monitoring  continues  to  be 
done  with  less  vigor  and  efficiency  than  in  past  years,  as  the  authorities  focused  on 
those  suspected  of  involvement  in  unauthorized  political  or  religious  activities.  Anec- 
dotal evidence  suggests  that  government  monitoring  is  stricter  in  the  south,  espe- 
cially in  Ho  Chi  Minh  City.  'Hiere  have  been  reports  that  some  families  have  been 
unable  to  obtain  household  registration  or  residence  permits,  causing  serious  legal 
and  administrative  problems.  In  urban  areas,  most  citizens  were  free  to  maintain 
contact  and  work  with  foreigners,  but  police  questioned  some  citizens  and  families 
of  citizens  with  extensive  or  close  relations  with  foreigners. 

On  April  14,  the  Government  issued  a  decree  that  specified  regulations  controlling 
"administrative  surveillance."  There  is  as  yet  no  information  as  to  how  the  decree 
is  being  implemented,  but  the  language  of  the  decree  appears  to  give  authorities  ex- 
tremely broad  powers  to  place  persons  under  surveillance.  According  to  the  official 
army  newspaper.  The  People's  Army,  the  regulations  define  administrative  surveil- 
lance as  an  administrative  penalty  imposed  on  persons  who  break  the  law  and  vio- 
late national  security,  as  determined  by  the  definition  of  crimes  in  the  Criminal 
Code,  but  whose  offenses  are  not  yet  at  the  level  that  warrants  "criminal  respon- 
sibility." Persons  under  administrative  surveillance  must  live  and  work  in  a  des- 
ignated locality  and  subject  to  the  management  and  education  of  the  local  authori- 
ties and  population.  There  are  reports  that  these  measures  are  used  against  sus- 
pected political  dissidents,  including  a  group  in  Dalat.  The  time  span  of  administra- 
tive surveillance  ranges  from  6  months  to  2  years  but  does  not  apply  to  persons 
under  18  years  of  age.  The  Ministry  of  Interior  is  reportedly  the  lead  agency  in  im- 
plementing the  decree. 

The  Government  opened  and  censored  citizens'  mail,  confiscated  packages,  and 
monitored  telephone,  electronic  mail,  and  fax  transmissions.  The  party  now  exerts 
little  pressure  on  people  to  belong  to  one  or  more  mass  organizations,  which  exist 
for  villages,  city  districts,  schools,  workers  (trade  unions),  youth,  veterans  and 
women.  Membership  in  the  VCP  remains  an  aid  to  advancement  in  the  Government 
or  in  state  companies  and  is  vital  for  promotion  to  senior  levels  of  the  (Jovemment. 
At  the  same  time,  diversification  of  the  economy  has  made  membership  in  mass  or- 
ganizations and  the  VCP  less  essential  to  financial  and  social  advancement. 

The  Government  continued  to  implement  a  family  planning  policy  that  urges  all 
families  to  have  no  more  than  two  children.  In  principle  the  Government  can  deny 
promotions  and  salary  increases  to  government  and  party  employees  with  more  than 
two  children.  In  practice  the  penalty  is  not  generally  applied  to  employees  in  good 
standing. 

For  others,  there  are  no  penalties  for  those  with  more  than  two  children,  but  local 
regulations  permit  fines  based  on  the  cost  of  extra  social  services  incurred  by  the 
larger  family  or  reductions  in  state  subsidies  for  those  services.  These  penalties  are 
not  uniformly  or  universally  applied. 

While  foreign  language  periodicals  are  widely  available  in  the  cities,  the  Govern- 
ment occasionally  censors  articles  about  the  country  in  foreign  periodicals  for  sale 
within  the  country.  There  were  credible  reports  that  the  (jovernment  interfered 
with  international  radio  broadcasts.  The  Government  has  not  allowed  citizens  unre- 
stricted access  to  the  Internet,  citing  concerns  for  national  security  and  cultural 
preservation.  By  law,  access  to  satellite  television  is  limited  to  top  ofiicials,  foreign- 
ers, hotels,  and  the  press.  The  law  is  not  enforced  and  many  people  in  urban  areas 
and  some  in  rural  areas  have  access  via  home  satellite  equipment. 


931 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  out  in  practice  the  Government  severely  limits  these  freedoms,  es- 
pecially concerning  political  and  religious  subjects. 

Both  the  Constitution  and  the  Criminal  Code  include  broad  national  security  and 
antidefamation  provisions  that  the  Government  uses  to  strictly  limit  such  freedoms. 
The  party  and  Government  tolerated  public  discussion  and  permitted  somewhat 
more  criticism  than  in  the  past.  For  example,  citizens  could  and  did  complain  openly 
about  inefficient  government,  administrative  procedures,  corruption,  and  economic 
policy.  However,  there  were  limits  imposed  in  these  areas  as  well,  and  in  the  latter 
part  of  the  year,  the  party  and  Government  moved  to  rein  in  the  media.  In  Septem- 
oer  the  Government  adopted  a  directive  requiring  Vietnamese  journalists  to  obtain 
approval  from  the  Ministry  of  Culture  and  Information  before  passing  any  informa- 
tion to  foreign  journalists.  In  October  the  party  Politburo  issued  a  circular  under- 
scoring that  media  activities  are  "under  the  leadership  of  the  State  and  the  manage- 
ment of  the  party."  Also  in  October,  journalist  Nguyen  Hoang  Linh,  the  editor  of 
a  business  newspaper,  was  arrested  and  charged  with  revealing  state  secrets.  His 
arrest  was  believed^ to  be  related  to  a  series  of  articles  he  wrote  detailing  corruption 
among  customs  officials. 

The  Government  continued  to  prohibit  free  speech  that  strayed  outside  narrow 
limits  to  question  the  role  of  the  party,  criticize  individual  government  leaders,  pro- 
mote pluralism  or  multiparty  democracy,  or  questioned  the  regime's  policies  on  sen- 
sitive matters  such  as  human  rights.  Several  authors  whose  worits  attracted  official 
censure  in  past  years  continue  to  be  denied  permission  to  publish,  speak  publicly, 
or  travel  abroad.  There  continued  to  be  an  amoiguous  line  between  what  constituted 
private  speech  about  sensitive  matters,  which  would  be  tolerated,  and  public  speech 
in  those  areas,  which  would  not.  Human  Rights  Watch/Asia  (HRW/A)  reported  that 
local  authorities  in  Dalat  on  March  28  interrogated  Ha  Si  Phu,  a  nuclear  scientist 
and  political  essayist  previously  imprisoned  for  possessing  an  internal  party  docu- 
ment, Bao  Cu,  a  writer,  and  Bui  Minh  Ouoc,  a  poet,  on  grounds  of  conveying  dispar- 
aging and  distorted  information  about  the  State.  HRW/A  reported  that  the  authori- 
ties pressed  the  three  men  to  promise  not  to  send  letters  or  articles  abroad  or  give 
interviews  to  overseas  media. 

In  September  the  Government  banned  a  journalist  from  accepting  a  United  Na- 
tions fellowship  and  traveling  abroad. 

The  party,  the  Government,  and  party-controlled  mass  organizations  control  all 
print  and  electronic  media.  The  Government  exercises  oversight  through  the  Min- 
istry of  Culture  and  Information,  supplemented  by  pervasive  party  guidance  and  na- 
tional security  legislation  sufficiently  broad  to  ensure  effective  self-censorship  in  the 
domestic  media.  The  Government  approved  a  number  of  new  newspapers  for  publi- 
cation, but  in  accordance  with  the  Press  Law  of  1989,  none  is  privately  owned.  With 
apparent  party  approval,  several  newspapers  engaged  in  investigative  reporting  on 
corruption  and  mismanagement  as  well  as  in  open  and  sometimes  heated  debate  on 
economic  policy.  There  were  credible  reports  that  the  Government  interfered  with 
international  radio  broadcasts,  restricted  access  to  the  Internet,  and  censored  for- 
eim  publications  (see  Section  l.f.). 

The  Government  announced  that  as  of  November,  it  would  permit  unrestricted  ac- 
cess to  the  Internet.  However,  technical  difficulties  have  delayed  full  implementa- 
tion. Some  universities  and  medical  facilities  reported  having  Internet  access. 

Foreign  journalists  must  be  approved  by  the  Foreign  Ministry's  Press  Center  and 
must  be  based  in  Hanoi.  The  number  of  foreign  staff  allowed  each  fore^  press  or- 
ganization is  limited.  The  center  monitors  journalists'  activities  and  decides  on  a 
case-by-case  basis  whether  to  approve  their  interview,  photograph,  film,  or  travel  re- 
quests, all  of  which  must  be  submitted  5  days  in  advance.  A  Foreign  Ministry  offi- 
cial accompanies  foreign  journalists  during  all  interviews  with  citizens.  The  Govern- 
ment censors  television  footage  and  delays  export  of  footage  by  several  days. 

The  Government  allowed  artists  some  latitude  in  choosing  the  themes  of  their 
works.  Many  artists  received  permission  to  exhibit  their  works  abroad,  receiving 
exit  permits  to  attend  the  exhibits  and  expwrt  permits  to  send  their  works  out  oT 
the  country.  Police  and  municipal  cultural  authorities,  however,  prohibited  several 
exhibits  or  removed  selected  works  from  authorized  exhibits  when  they  judged  that 
the  works  strayed  too  far  from  what  authorities  considered  the  mainstream,  made 
too  much  social  commentary,  or  could  have  been  interpreted  as  criticizing  or  making 
fun  of  the  Government. 

The  Government  has  permitted  a  significant  increase  in  the  flow  of  information 
within  the  country  and  into  the  country  from  abroad,  including  the  university  sys- 
tem. Foreign  academic  visitors  working  temporarily  at  universities  said  that  they 
were  able  to  discuss  nonpolitical  issues  widely  and  freely  in  the  classroom.  Govern- 


932 

ment  monitors  regularly  attend  classes  taught  by  foreigners  and  citizens  without  of- 
ficial notification.  Academic  publications  usually  reflect  the  views  of  the  party  and 
the  Government^  with  more  freedom  for  differing  views  on  nonpolitical  subjects. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  right  of  assembly  is  re- 
stricted in  lav/  and  practice.  People  wishing  to  gather  in  a  group  are  required  to 
apply  for  a  permit,  which  local  authorities  can  issue  or  deny  arbitrarily.  However, 
people  routinely  gather  in  informal  groups  without  government  interference.  The 
Government  does  not  permit  demonstrations  that  could  be  seen  as  having  a  political 
purpose.  However,  it  was  more  tolerant  than  in  the  past  of  occasional  demonstra- 
tions by  citizens  about  specific  grievances  against  local  officials.  Nonetheless,  the 
Government  did  not  tolerate  extended  demonstrations.  For  example,  reports  indicate 
that  the  Government  dispatched  security  forces  to  restore  public  order  in  at  least 
two  provinces  to  quell  demonstrations  by  local  citizens  protesting  corruption  on  the 
part  of  local  officials.  Domestic  press  reporting  of  these  events  was  delayed  but  ac- 
knowledged the  demonstrations  and  the  dissatisfaction  of  the  demonstrators  with 
corrupt  and  inefficient  local  officials. 

With  a  few  exceptions,  the  Government  prohibits  the  establishment  of  private, 
independent  organizations,  insisting  that  individuals  work  within  established, 
party-controlled  organizations.  Citizens  may  not  establish  any  type  independent  or- 
ganization, including  political  parties,  labor  unions,  religious,  or  veterans  organiza- 
tions. Such  organizations  exist  only  under  government  control. 

c.  Freedom  of  Religion. — Both  the  Constitution  and  government  decrees  provide 
for  freedom  of  worship;  however,  the  Government  continued  to  restrict  severely 
those  religious  activities  it  defined  as  being  at  variance  with  state  laws  and  policies. 
The  Government  generally  allowed  people  to  practice  the  religion  of  their  choice, 
and  participation  in  religious  activities  throughout  the  country  continued  to  spread 
signiiicantly.  However,  government  regulations  control  religious  hierarchies  and  or- 
ganized religious  activities,  in  part  because  the  party  fears  that  organized  religion 
may  weaken  its  authority  and  influence. 

Religious  organizations  must  obtain  government  permission  to  hold  training  semi- 
nars, conventions,  and  celebrations  outside  the  regular  religious  calendar,  to  build 
or  remodel  places  of  worship,  to  engage  in  charitable  activities  or  operate  religious 
schools,  ana  to  train,  ordain,  promote,  or  transfer  clergy.  These  powers  lie  prin- 
cipally with  provincial  or  city  people's  committees.  All  religious  groups  face  difficulty 
in  obtaining  teaching  materials,  expanding  training  facilities,  publishing  religious 
materials,  and  expanding  the  clergy  in  training  in  response  to  increasing  demand 
from  congregations. 

The  Government  requires  all  Buddhist  monks  to  work  under  a  party -controlled 
umbrella  organization,  the  Central  Buddhist  Church  of  Vietnam.  The  uovemment 
suppressed  efforts  by  the  non-government-sanctioned  United  Buddhist  Church  of 
Vietnam  (UBCV)  to  operate  inaef)endently,  and  tension  between  the  Government 
and  the  UBCV  continued.  In  November  an  appeals  court  upheld  the  3-vear  sentence 
of  Nguyen  Moi,  who  was  arrested  in  1995  for  possession  of  propaganda  against  the 
authorities  and  the  official  Buddhist  church.  An  emigre  organization  estimated  in 
September  that  about  70  UBCV  members  were  in  detention. 

Credible  reports  from  within  the  country  indicate  that  the  UBCVs  leader,  the 
Venerable  Thich  Huyen  Quang,  was  moved  to  administrative  detention  against  his 
will.  The  reports  indicate  that  he  is  not  allowed  to  visit  his  home  pagoda  in  Hue. 
Worshipers  in  several  Buddhist,  Catholic,  and  Cao  Dai  centers  of  worship  report 
that  undercover  government  observers  attend  worship  services  and  monitor  the  ac- 
tivities of  the  congregations  and  clergy.  The  Government  stated  that  it  had  legally 
recognized  Cao  Dai,  and  had  encouraged  Cao  Dai  sects  to  expand. 

ITie  Government  controls  the  Catholic  Church  hierarchy,  in  part  by  requiring  all 
clergy  to  belong  to  the  government-controlled  Catholic  Patriotic  Association.  It  also 
insisted  on  approving  Vatican  appointments.  The  Government  approved  the  Vati- 
can's ordination  of  two  bishops.  The  local  Church  hierarchy  remained  frustrated  by 
the  Government's  restrictions  but  has  reportedly  accommodated  them  for  many 
years.  The  Government  prohibits  the  Catholic  Church  from  engaging  in  educational 
and  charitable  activities. 

The  Government  allowed  bishops  and  priests  to  travel  freely  within  their  dioceses 
but  restricted  their  travel  outside  these  areas.  The  Government  limits  the  Church 
to  operating  6  major  seminaries  throughout  the  country,  totaling  approximately  500 
stuoents.  The  Government  allows  the  Church  to  recruit  new  students  only  every  2 
years.  All  students  must  be  approved  by  the  Government,  both  upon  entering  the 
seminary  and  prior  to  ordination  as  priests.  The  number  of  graduating  students  is 
insufficient  to  support  the  growing  Catholic  population,  estimated  at  5  million. 

There  is  no  ofnciallv  sanctioned  umbrella  organization  for  Protestants,  but  the 
Christian  Missionary  Alliance  of  Vietnam,  the  only  government-approved  Protestant 


933 

organization  in  the  country,  operated  with  slightly  greater  freedom.  Church  attend- 
ance grew  substantially  despite  continued  government  restrictions  on  proselytizing 
activities.  Protestants  reported  that  congregations  are  not  allowed  to  cooperate  on 
loint  religious  observances  or  other  activities.  Police  have  raided  house  churches. 
Nongovernmental  organizations  (NGO's)  abroad  reported  continued  arrests  and  gov- 
ernment harassment  of  some  ethnic  Hmong  Protestants  for  proselytizing  in  north- 
em  Vietnamese  villages.  There  were  reports  that  members  of  the  Cao  Dai  religion 
were  subjected  to  arbitrary  detention  and  persecution. 

Mosques  serving  the  country's  small  Muslim  population  operate  in  Hanoi,  Ho  Chi 
Minh  City,  and  several  provinces  in  the  southern  part  of  the  country.  The  Govern- 
ment restricts  exit  permits  for  Muslims  seeking  to  make  the  hajj  (see  Section  l.d.). 

d.  Freedom  of  Movement  Within  the  Country,  roreign  Travel,  Emigration,  and  Re- 
patriation.— ^Most  citizens  enioy  freedom  of  movement  within  the  country.  However, 
there  were  credible  reports  that  local  authorities  required  members  of  ethnic  minor- 
ity groups  to  obteiin  permission  to  travel  outside  certain  highland  areas.  Officially, 
citizens  must  obtain  permission  to  change  their  residence  (see  Section  l.f.).  In  prac- 
tice, many  people  continued  to  move  without  approval,  esjpecially  migrant  or  itin- 
erant laborers  moving  from  rural  areas  to  cities  m  search  of  work.  However,  moving 
without  permission  restricted  their  ability  to  obtain  legal  work  permits.  Citizens 
must  notify  police  if  they  will  be  away  from  their  residence  overnight  and  register 
with  police  ajnywhere  they  stay  overnight.  These  requirements  are  not  always  strict- 
ly enforced.  The  Government  has  employed  internal  isolation  to  restrict  the  move- 
ment of  political  and  religious  dissidents. 

Foreigners  are  generally  free  to  travel  throughout  the  country,  except  in  some 
areas  restricted  on  grounds  of  national  security.  The  Government  retains  the  right 
to  approve  travel  to  border  areas,  to  some  areas  in  the  central  highlands,  and  to 
some  islands,  but  in  practice  foreigners  can  easily  travel  to  most  border  areas  with- 
out approval.  On  several  occasions,  however,  local  police  detained  and  fined  foreign- 
ers wno,  police  said,  ventured  too  close  to  borders.  In  one  instance,  police  detained 
foreigners  and  fined  them  for  approaching  the  border  with  Cambodia  in  Gia  Lai 
provmce. 

In  September  the  Government  barred  a  journalist  who  was  awarded  a  U.N.  fel- 
lowship from  traveling  abroad  to  accept  it  (see  Section  2.a.). 

In  November  the  Government  required  citizens  traveling  abroad,  including  gov- 
ernment officials,  to  obtain  exit  and  reentry  visas.  Both  law  and  regulation  provided 
for  the  right  of  all  citizens  to  obtain  an  exit  permit,  except  for  the  following:  Mem- 
bers of  the  small  Muslim  community  seeking  to  make  tne  hajj;  political  activists; 
certain  Buddhist  clerics;  the  mentally  ill;  and  those  serving  prison  sentences  under 
criminal  investigation;  holding  state  secrets;  suffering  serious  health  problems;  in- 
volved in  tax  or  real  estate  disputes;  or  whose  sponsors  abroad  were  engaged  in  ac- 
tivities opposed  to  the  Government.  The  (Jovemment  maintained  the  ri^t  to  reject 
exit  visa  applications  in  these  categories.  In  practice,  citizens  had  to  demonstrate 
an  invitation  and  sponsorship  from  abroad  to  oe  issued  a  passport  and  exit  permit. 

In  November  the  Government  announced  an  easing  of  travel  restrictions.  Accord- 
ing to  a  decision  by  the  Prime  Minister  that  came  into  effect  on  November  26,  citi- 
zens holding  valid  passports  would  be  freed  from  exit  and  reentry  visa  require- 
ments. The  directive  also  contained  measures  to  punish  citizens  who  stayed  abroad 
longer  than  allowed  without  informing  one  of  the  country's  embassies  or  consulates. 

Citizens  must  demonstrate  eligibility  to  emigrate  to  another  country  and  show 
sponsorship  abroad,  before  the  Government  issues  exit  f>ermits.  Citizens'  access  to 
exit  permits  was  frequently  constrained  by  factors  outside  the  law.  Refugee  and  im- 
migrant visa  applicants  to  the  Orderly  Departure  Program  (ODP)  sometimes  en- 
counter local  omcials  who  arbitrarily  delay  or  deny  exit  permits  based  on  personal 
animosities  or  on  the  official's  perception  an  applicant  does  not  meet  program  cri- 
teria, or  in  order  to  extort  a  bribe. 

The  ODP  continued  to  resettle  immigrant  and  refugee  beneficiaries,  including 
Amersaians,  former  reeducation  camp  detainees,  and  family  unification  cases,  at  the 
rate  of  over  2,0(X)  persons  per  montn.  Other  nations  operate  smaller  resettlement 
programs  for  Vietnamese  citizens.  There  are  some  concerns  that  members  of  minor- 
ity ethnic  groups,  particularly  nonethnic  Vietnamese  such  as  the  Montagnards,  may 
not  have  ready  access  to  these  programs.  The  Government  denied  exit  permits  for 
certain  Montagnard  applicants  for  emigration. 

The  Government  generally  permits  Vietnamese  who  emigrate  to  return  to  visit, 
but  it  considers  them  Vietnamese  citizens  and  therefore  subject  to  the  obligations 
of  a  Vietnamese  citizen  under  the  law,  even  if  they  have  adopted  another  country's 
citizenship.  However,  migrants  are  not  permitted  to  use  Vietnamese  passp>orts  after 
they  adopt  other  citizenship.  Because  overseas  Vietnamese  are  considered  a  valu- 
able potential  source  of  foreign  exchange  and  expertise  to  Vietnam  but  also  a  poten- 


934 

tial  security  threat,  the  Government  generally  encourages  them  to  visit  Vietnam  but 
monitors  many  of  them  carefully. 

In  January  Vietnam  and  the  United  States  signed  an  agreement  to  allow  several 
thousand  Vietnamese  returned  from  refugee  camps  elsewhere  in  Southeast  Asia  to 
apply  for  resettlement  in  the  United  States.  Applicant  interviews  and  movements 
to  the  United  States  were  under  way  at  year's  end. 

Vietnam  cooperated  with  the  international  conMnunity  in  implementing  the  Com- 
prehensive Plan  of  Action  which  was  in  effect  between  1988  and  June  1996,  to  re- 
solve the  situation  of  the  thousands  of  Vietnamese  who  departed  the  country  ille- 
gally. In  1988  Vietnam  had  signed  a  memorandum  of  understanding  with  the  Unit- 
ed Nations  Hi^  Commissioner  for  Refugees  (UNHCR)  to  increase  acceptance  of  vol- 
untary repatriates  from  camps  in  countries  of  first  asylum,  provided  that  there  was 
financial  assistance.  The  agreement  included  a  commitment  to  waive  prosecution 
and  punitive  measures  for  the  illegal  departure  from  Vietnam  of  persons  who  return 
under  the  UNHCR  voluntary  repatriation  program.  Vietnam  also  agreed  to  permit 
the  UNHCR  to  monitor  the  returnees  through  direct  visits.  More  than  109,000  Viet- 
namese have  returned  from  countries  of  first  asylum.  Of  those,  more  than  95,000 
returned  voluntarily.  Another  13,000  were  repatriated  involuntarily.  A  CToup  of  522 
was  deported  from  Hong  Kong,  China  during  the  year  under  a  bilateral  Hong  Kong- 
Vietnam  agreement.  These  persons  had  committed  crimes  in  camps  of  first  asylum, 
were  tried  and  convicted,  and  had  served  iail  sentences  in  the  Hong  Kong  Special 
Administrative  Region.  The  UNHCR,  which  monitors  a  high  proportion  of  repatri- 
ates under  all  categories,  reports  that  they  do  not  face  retribution  or  discrimination. 
There  was  no  credible  evidence  to  substantiate  claims  that  refugees  returned  under 
UNHCR  auspices  were  harassed  or  persecuted  because  they  previously  had  fled  the 
country.  Individual  returnees  have  faced  legal  action  after  return  on  charges  of  ille- 
gal activities  carried  out  either  before  departure  (other  than  illegal  departure)  or 
after  return. 

The  Constitution  allows  consideration  of  asylum  under  certain  circumstances  for 
foreigners  persecuted  abroad.  Otherwise,  Vietnam  is  not  signatory  to,  and  does  not 
have  provisions  for,  the  granting  of  asylum  or  refugee  status  in  accordance  with  the 
standards  of  the  1951  U.N.  Convention  Relating  to  the  Status  of  Refugees  and  its 
1967  Protocol.  There  were  no  reports  that  any  individuals  requested  asylum  in  Viet- 
nam. In  the  1970's  and  1980's,  Vietnam  admitted  refugees  from  Cambodia,  most  of 
whom  were  ethnic  Chinese.  More  recently,  between  1993  and  1995,  Vietnam  admit- 
ted 30,000  persons  from  Cambodia,  mainly  ethnic  Vietnamese.  The  Government  co- 
operates with  the  UNHCR  and  other  humanitarian  organizations  in  assisting  refu- 
gees. There  were  no  reports  of  forced  return  of  persons  to  a  country  where  they 
feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  right  to  change  their  government.  Party  control  over  the 
selection  of  candidates  in  elections  for  local  government,  the  National  Assembly,  the 
presidency  and  the  prime  ministership,  and  this  undermines  this  right.  All  author- 
ity and  political  power  is  vested  in  the  VCP;  political  opposition  movements  and 
other  poRtical  parties  are  not  tolerated.  The  VCP  Central  Committee  is  the  supreme 
decisionmaking  body  in  the  nation,  and  the  Politburo  is  the  locus  of  policymaking. 
A  standing  board,  consisting  of  five  members  of  the  Politburo,  oversees  day-to-day 
implementation  of  leadership  directives.  Public  debate  and  criticism  are  limited  to 
certain  aspects  of  individual,  state,  or  party  performance  determined  by  the  VCP  it- 
self. No  public  challenge  to  the  legitimacy  of  the  one-party  State  or  even  debate  on 
the  subject  is  permitted  (see  Section  2.a.). 

Eligible  citizens  are  required  to  vote  in  elections,  although  there  is  no  penalty  for 
not  voting.  Citizens  elect  the  members  of  the  National  Assembly,  ostensibly  the 
main  legislative  body,  but  the  party  must  approve  all  candidates,  most  of  whom  are 
VCP  members.  In  July  citizens  voted  for  candidates  to  the  450-seat  National  Assem- 
bly; 66  nonparty  members  (15  percent)  were  elected,  nearly  double  the  previous  pro- 
portion of  nonparty  members  (8  percent)  in  the  Assembly.  Most  Assembly  members 
belong  to  the  VCP,  although  in  July,  in  elections  for  a  new  assembly  nonparty  rep- 
resentation increased  from  8  to  15  percent.  For  the  first  time,  the  electoral  roster 
included  candidates  not  nominated  by  party  or  state  organs.  Of  the  11  "self-nomi- 
nated" candidates,  3  were  elected,  although  1  was  disqualified  before  taking  office 
on  grounds  of  adultery. 

The  National  Assembly  remained  subservient  to  the  VCP.  It  does  not  initiate  leg- 
islation and  may  not  pass  legislation  that  the  party  opposes.  Party  officials  occupied 
most  senior  government  and  National  Assemblv  positions  and  continued  to  have  the 
final  say  on  key  issues.  During  the  year,  the  National  Assembly  engaged  in  increas- 


935 

ingly  vigorous  debate  on  economic,  legal,  and  social  issues,  including  the  banking 
sector  and  management  of  the  budget.  Legislators  questioned  and  criticized  min- 
isters and  voted  down  the  Government's  nomination  of  the  ministerial-level  chair- 
man of  the  state  bank  to  serve  a  new  term.  However,  in  voting  for  a  new  prime 
minister,  president,  vice  president  and  cabinet,  members  could  consider  only  can- 
didates advanced  by  the  party. 

The  law  provides  the  opportunity  for  equal  participation  in  politics  by  women  and 
minority  groups,  but  in  practice  they  are  underrepresented.  Most  of  the  top  leaders 
are  male.  There  is  one  woman  in  the  Politburo.  Women  hold  a  few  important  posi- 
tions, including  vice  president  and  several  vice  ministerships  or  equivalent  posi- 
tions. Voters  elected  25  women,  10  percent  more  than  in  the  previous  National  As- 
sembly. The  President  of  the  National  Assembly,  who  is  also  a  Politburo  member, 
is  a  member  of  an  ethnic  minority. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  does  not  permit  private,  local  human  rights  organizations  to 
form  or  operate.  It  generally  prohibits  private  citizens  from  contacting  international 
human  rights  organizations.  The  Government  permitted  the  UNHCR  and  inter- 
national visitors  to  monitor  implementation  of  its  repatriation  commitments  under 
the  Comprehensive  Plan  of  Action  and  carried  on  a  limited  dialog  with  foreign 
human  rights  organizations  based  outside  Vietnam. 

The  Government  showed  increased  willingness  to  discuss  human  rights  problems 
bilaterally  with  other  governments  if  such  discussions  take  place  under  the  rubric 
of  "exchanges  of  ideas"  rather  than  as  "investigations."  Several  foreign  governments 
held  official  talks  concerning  human  rights  problems. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  gender,  ethnicity,  religion,  or 
social  class.  Enforcement  of  these  prohibitions  was  uneven.  People  formerly  interned 
in  reeducation  camps  on  the  basis  of  pre-1975  association  with  the  government  of 
the  former  Republic  of  South  Vietnam  continued  to  report  varying  levels  of  discrimi- 
nation as  they  and  their  families  sought  access  to  housing,  education,  and  employ- 
ment. They  and  their  families  generally  are  not  allowed  employment  with  the  Gov- 
ernment. This  prohibition  is  less  important  than  earlier  because  of  the  growth  in 
private  sector  job  opportunities. 

Women. — International  NGO  workers  and  many  women  report  that  domestic  vio- 
lence against  women  is  common.  The  law  addresses  the  issue  of  domestic  violence, 
but  it  is  not  enforced  effectively.  Most  divorces  are  reportedly  due  to  domestic  vio- 
lence, but  many  women  likely  remain  in  abusive  marriages  rather  than  confront  the 
stigma  of  divorce.  Domestic  abuse  appears  to  be  more  prevalent  in  rural  areas. 

The  Government,  international  NGO's,  and  the  press  reported  a  marked  increase 
in  recent  years  in  the  trafficking  of  women  both  domestically  and  to  other  countries 
for  purposes  of  prostitution.  The  Government  is  working  with  international  NGO's 
to  supplement  law  enforcement  measures  and  is  cooperating  with  other  govern- 
ments to  prevent  this  activity.  Organized  rings  reportedly  lure  poor,  often  rural, 
women  with  promises  of  jobs  or  marriage  and  force  them  to  work  as  prostitutes. 
Some  women  are  kidnaped  and  sold  as  wives  to  men  in  other  countries. 

While  there  is  no  legal  discrimination,  women  face  deeply  ingrained  social  dis- 
crimination. Despite  extensive  provisions  in  the  Constitution,  in  legislation,  and  in 
regulations  that  mandate  equal  treatment,  and  although  some  women  occupy  hidi 

Government  posts,  few  women  compete  effectively  for  higher  status  positions.  The 
lonstitution  provides  that  women  and  men  must  receive  equal  pay  for  equal  work, 
but  the  Government  does  not  enforce  this  provision.  Despite  the  large  body  of  legis- 
lation and  regulations  devoted  to  the  protection  of  women's  rights  in  marriage  as 
well  as  in  the  workplace  and  labor  law  provisions  that  call  for  preferential  treat- 
ment of  women,  women  do  not  receive  equal  treatment.  Nonetheless,  women  play 
an  important  role  in  the  economy  and  are  widely  engaged  in  business  and  in  social 
and  educational  institutions. 

The  party-controlled  Women's  Union  has  a  broad  agenda  to  promote  women's 
rights,  mcluding  political,  economic,  and  legal  equality,  and  protection  from  spousal 
abuse.  International  NGO's  and  international  organizations  regard  the  union  as  ef- 
fective, but  they  and  women's  union  representatives  believe  that  much  time  is  re- 
quired to  overcome  societal  attitudes  relegating  women  to  lower  status  than  men. 
The  Government  also  has  a  Committee  for  the  Advancement  of  Women. 

Children. — Reputable  international  organizations,  including  the  U.N.  Children's 
Fund  (UNICEF),  report  that  despite  the  Government's  promotion  of  child  protection 


45-909    98  -  31 


936 

and  welfare,  children  are  increasingly  at  risk  of  economic  exploitation.  It  cited  gov- 
ernment estimates  that  approximately  29,000  children  are  working  in  exploitative 
labor  (see  Section  6.d.).  While  education  is  compulsory,  the  authorities  do  not  en- 
force the  requirement,  especially  in  rural  areas  where  government  and  family  budg- 
ets for  education  are  strained  (see  Section  6.d.).  The  Government  has  continued  a 
nationwide  immunization  campaign,  and  the  government-controlled  press  regularly 
stresses  the  importance  of  health  and  education  for  all  children.  Reports  from  local 
sources  indicate  that  responsible  officials  generally  take  these  goals  seriously  but 
are  constrained  by  severely  limited  budgets.  Despite  some  success,  UNICEF  esti- 
mates that  there  are  still  3  million  children  living  in  "especially  difficult"  cir- 
cumstances, of  an  estimated  18  million  children  in  the  country. 

Continued  widespread  poverty  has  contributed  to  the  reported  increase  in  traffick- 
ing of  minors  domestically  ana  to  foreign  destinations  as  prostitutes.  UNICEF  re- 
ported that  government  agencies  are  engaged  in  combating  this  abuse.  There  is  no 
information  publicly  available  on  the  extent  of  child  abuse  (see  Section  6.c.). 

People  With  Disabilities. — Government  provision  of  services  to  the  disabled  is  lim- 
ited, and  the  Government  provides  little  official  protection  or  effective  support  for 
the  disabled.  Government  agencies  responsible  for  services  to  the  disablea  worked 
with  domestic  and  foreign  groups  to  "identify  measures"  to  provide  protection,  sup- 

Eort,  and  physical  access  for  the  disabled.  Implementation  is  hampered  by  limited 
udgets.  Tne  1995  Labor  Law  requires  the  State  to  protect  the  rights  and  encourage 
the  employment  of  the  disabled.  It  includes  provisions  for  preferential  treatment  lor 
firms  that  recruit  disabled  persons  for  training  or  apprenticeship  and  a  special  levy 
on  firms  that  do  not  employ  disabled  workers.  It  is  uncertain  whether  the  Govern- 
ment enforces  these  provisions.  The  (jovemment  has  permitted  international  groups 
to  assist  those  disabled  by  war  or  by  subsecruent  accidents  involving  unexploded  ord- 
nance and  has  developed  indigenous  prostnetics  manufacturing  capabilities.  There 
are  no  laws  mandating  physical  access  to  buildings. 

National  / Racial  / Ethnic  Minorities. — Although  the  Government  states  that  it  is 
opposed  to  discrimination  against  ethnic  minorities,  there  continued  to  be  credible 
reports  that  local  officials  sometimes  restricted  ethnic  minority  access  to  education, 
employment,  mail  services,  and  travel,  both  domestic  and  foreign.  However,  many 
local  and  some  central  government  officials,  including  the  chairman  of  the  National 
Assembly,  are  members  of  ethnic  minorities.  The  Government  continued  to  imple- 
ment policies  designed  to  narrow  the  gap  in  the  standard  of  living  between  ethnic 
groups  living  in  the  highlands  and  lowland  ethnic  Vietnamese  by  ^'anting  pref- 
erential treatment  to  domestic  and  foreign  companies  investing  in  highland  areas. 
There  were  anecdotal  reports  that  the  (jrovemment  continued  to  repress  some  high- 
land minorities  for  suspected  ties  with  resistance  groups. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^All  unions  are  party  controlled.  Workers  are  not  free 
tojoin  or  form  unions  of  their  choosing;  such  action  requires  approval  from  the  local 
ofiice  of  the  party  controlled  Vietnam  General  Confederation  of  Labor  (VGCL).  The 
VGCL  is  the  umbrella  organization  under  which  all  local  trade  unions  must  operate, 
and  it  claims  4  million  members  in  branches  in  each  of  the  major  cities  ana  prov- 
inces. VGCL  officers  report  the  VGCL  represents  95  percent  of  public  sector  work- 
ers, 90  percent  of  workers  in  state-owned  enterprises  and  12-15  percent  of  private 
sector  workers.  The  Labor  Law  requires  provincial  trade  union  organizations  to  es- 
tablish unions  within  6  months  at  all  new  enterprises  with  more  than  10  employees 
as  well  as  at  existing  enterprises  that  currently  operate  without  trade  unions.  Man- 
agement of  those  companies  is  required  by  law  to  accept  and  cooperate  with  those 
unions.  However,  many  joint  ventures  and  small,  private  companies,  especially  at 
the  retail  level,  do  not  have  unions.  The  International  Labor  Organization  (ILO)  and 
foreign  governments  are  providing  technical  assistance  and  training  to  the  Ministry 
of  LfU)or,  Invalids,  and  Social  Affairs  and  to  the  VGCL. 

The  Labor  Law  provides  for  the  right  to  strike  under  certain  circumstances.  The 
law  requires  that  management  and  labor  resolve  labor  disputes  throudi  the  enter- 

f)ri8e's  own  labor  conciliation  council.  If  that  fails,  the  matter  goes  to  the  provincial 
abor  arbitration  council.  Labor  courts,  which  were  established  in  1996  within  the 
people's  court  system,  heard  a  small  number  of  cases  but  still  are  in  the  early  stages 
of  development.  Unions  have  the  right  to  appeal  a  council  decision  to  the  provincial 
people's  court  and  to  strike.  However,  the  law  prohibits  strikes  at  enterprises  that 
serve  the  public  and  those  that  are  important  to  the  national  economy  or  national 
security  and  defense.  These  functions  are  defined  by  the  Government  and  include 
electrical  production,  posts  and  telecommunications,  railway,  maritime  and  air 
transportation,  banking,  public  works  and  the  oil  and  gas  industry.  The  law  also 
grants  the  Government  the  right  to  suspend  a  strike  considered  detrimental  to  the 


937 

national  economy  or  public  safety.  Strikes  are  prohibited  in  54  occupational  sectors 
and  businesses,  including  public  services,  businesses  producing  "essential"  goods, 
and  businesses  serving  national  defense  under  the  Ministries  of  Interior  and  Na- 
tional Defense. 

Tlie  number  of  strikes  increased  further  in  1997,  primarily  against  foreign-owned 
or  joint  venture  companies  but  also  involving  state-owned  and  private  firms.  The 
Government  toleratea  these  strikes,  even  though  most  were  illegal.  None  was  orga- 
nized by  the  VGCL  or  its  affiliate  unions.  The  Labor  Law  prohibits  retribution 
against  strikers,  and  there  were  no  credible  reports  of  such  retrioution. 

Vietnam  is  a  member  of  the  ILO.  Individual  unions  are  not  legally  free  to,  and 
do  not  in  practice,  individually  join,  affiliate  with,  or  participate  in  international 
labor  bodies.  However,  the  VGCL  has  relations  with  95  labor  organizations  in  70 
countries. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers  must  have  the  ap- 
proval of  the  provincial  or  metropolitan  branch  of  the  VGCL  in  order  to  organize 
unions  in  their  enterprises,  but  they  can  also  bargain  collectively  through  the  party- 
approved  unions  at  their  enterprises.  In  the  past,  the  State  generally  set  wages, 
since  most  employees  woriced  for  state  companies.  With  the  growth  of  the  private 
sector  and  the  increased  autonomy  of  state  firms,  a  growing  percentage  of  conipa- 
nies  are  setting  wages  through  collective  bargaining  with  the  relevant  unions.  Mar- 
ket forces  also  play  a  much  more  important  role  in  determining  wages.  The  Labor 
Law  prohibits  antiunion  discrimination  on  the  part  of  employers  against  employees 
seeking  to  organize. 

There  are  a  number  of  export  processing  zones  and  industrial  zones,  which  are 
governed  by  the  same  labor  laws  as  the  rest  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Labor  Law  prohibits  all  forms 
of  forced  and  bonded  labor.  The  law  does  not  specifically  prohibit  forced  and  bonded 
labor  by  children,  but  such  practices  are  not  known  to  occur.  Officials  state  that  ju- 
veniles in  reeducation  camps,  which  function  much  as  reform  schools  or  juvenile  de- 
tention centers  do  elsewhere,  are  assigned  work  for  educational  purposes  that  does 
not  generate  income.  There  were  credible  reports  that  some  prisons  employ  the  use 
of  forced  labor,  sometimes  as  part  of  commercial  ventures,  without  compensation  to 
prisoners.  TTie  Government  denies  that  this  occurs.  The  Government  periodically  as- 
sesses required  labor,  or  its  monetary  equivalent,  on  national  infrastructure 
projects.  The  Government  announced  that  every  citizen  of  working  age  would  be  re- 
quired to  contribute  10  days'  labor  or  its  monetary  equivalent  toward  the  construc- 
tion of  a  new  national  highway. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The 
Labor  Law  sets  the  minimum  age  for  employment  at  18  years  of  age,  but  enter- 
prises may  hire  children  from  15  to  18  years  of  age  so  long  as  the  firm  obtains  spe- 
cial permission  from  the  Ministry  of  Labor,  Invalids,  and  Social  Affairs  and  ensures 
that  these  young  workers  do  not  undertake  hazardous  work  or  work  that  harms 
their  physical  or  mental  development;  that  they  do  not  work  more  than  42  hours 
per  week;  and  that  they  receive  special  health  care.  It  is  not  clear  whether  authori- 
ties enforce  these  regulations.  Children  as  young  as  the  age  of  13  can  register  at 
trade  training  centers,  which  are  a  form  of  vocational  training.  There  were  no  re- 
ports that  state-owned  enterprises  or  foreign-invested  companies  used  child  labor. 

In  rural  areas,  children  work  primarily  on  family  farms  and  in  other  agricultural 
activities.  In  urban  areas,  children  work  in  family-owned  small  businesses.  There 
are  compulsory  education  laws,  but  they  are  not  effectively  enforced,  especially  in 
rural  areas  v/here  children  are  needed  to  work  in  agriculture.  However,  the  culture's 
strong  emphasis  on  education  leads  people  who  can  afford  to  send  their  children  to 
school  to  Qo  so  rather  than  work.  The  law  does  not  specifically  prohibit  forced  and 
bonded  labor  but  there  were  no  reports  of  such  practices  (see  Section  6.c.). 

However,  UNICEF  announced  in  August  that  children  below  the  age  of  16  face 
increased  risk  of  economic  exploitation  and  cited  the  Government's  estimates  that 
approximately  29,000  children  below  the  age  of  15  are  victims  of  exploitative  labor. 
That  estimate  may  be  low,  UNICEF  noted,  since  most  children  are  working  in  the 
informal  sector.  IJNICEF  cited  evidence  of  children  working  in  gold  mines,  as  do- 
mestic servants,  or  working  up  to  14  hours  a  day  in  hazardous  conditions  for  meager 
pay  or  no  payment. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Law  requires  the  Government  to  set 
a  minimum  wage,  which  is  adjusted  for  infiation  and  other  economic  changes.  The 
official  monthly  minimum  wage  for  foreign-investment  joint  ventures  is  $45 
(518,000  dong)  in  Hanoi  and  Ho  Chi  Minh  City,  $40  (461,000  dong)  in  certain  other 
large  cities,  and  $35  (403,000  dong)  elsewhere.  The  minimum  monthly  wage  for  Vi- 
etnamese-owned companies  is  $12.50  (144,000  dong).  The  Government  can  tempo- 
rarily exempt  certain  joint  ventures  from  paying  the  minimum  wage  during  the  first 


938 

months  of  an  enterprise's  operations,  or  if  the  enterprise  is  located  in  a  very  remote 
area,  but  the  minimum  wage  in  these  cases  can  be  no  lower  than  $30.  These  mini- 
mum wage  rates  are  inadequate  to  provide  a  worker  and  family  with  a  decent 
standard  of  living.  However,  many  workers  receive  bonuses  and  supplement  their 
incomes  by  engaging  in  entrepreneurial  activities.  A  decreasing  numt«r  of  workers 
receive  govemment-subsidizea  housing.  The  Government  eniorces  the  minimum 
wajge  only  at  foreign  and  major  Vietnamese  firms. 

Ine  Labor  Law  sets  working  hours  at  a  maximum  of  8  hours  per  day  and  48 
hours  per  week,  with  a  mandatory  24-hour  break  each  week.  Any  additional  hours 
require  overtime  pay  at  1.5  times  the  regular  wage  and  2  times  the  regular  wage 
on  holidays.  The  law  limits  compulsory  overtime.  It  is  uncertain  how  well  the  Gov- 
ernment enforces  these  provisions. 

According  to  the  law,  a  female  employee  who  is  to  be  married,  is  pregnant,  is  on 
maternity  leave,  or  is  raising  a  child  under  1  year  of  age  cannot  be  dismissed  unless 
the  enterprise  is  closed.  Female  employees  who  are  at  least  7  months  pregnant  or 
are  raising  a  child  under  1  year  of  age  cannot  work  overtime,  at  night,  or  in  distant 
locations. 

The  Labor  Law  requires  the  Government  to  promulgate  rules  and  regulations  to 
ensure  worker  safety.  The  Ministry  of  Labor,  in  coordination  with  local  people's  com- 
mittees and  labor  unions,  is  charged  with  enforcing  the  regulations.  In  practice,  en- 
forcement is  inadequate  because  of  the  Ministry's  inadequate  funding.  The  VGCL 
reports  that  there  are  300  labor  inspectors  in  the  country  but  that  at  least  600  are 
needed.  Anecdotal  evidence  indicates  that  workers,  through  labor  unions,  have  been 
more  elTective  in  forcing  changes  in  working  conditions  than  has  the  Government. 
There  was  no  information  on  the  ability  of  workers  to  remove  themselves  from  woric 
situations  that  endanger  health  or  safety  without  jeopardy  to  their  continued  em- 
ployment. 


EUROPE  AND  CANADA 


ALBANIA 


Albania  is  a  republic  with  a  multiparty  Parliament,  a  Prime  Minister,  and  a 
President  elected  by  the  Parliament.  The  Prime  Minister  heads  the  Government;  the 
Presidency  is  a  largely  ceremonial  position  with  limited  executive  power.  The  Law 
on  Major  Constitutional  Provisions  serves  in  the  place  of  a  constitution.  (A  par- 
liamentary commission  is  authorized  to  begin  work  on  a  new  constitution,  but  the 
principal  opposition  party  has  been  reluctant  to  join  the  process.)  The  Socialist 
Party  (PS)  and  its  allies  won  111  out  of  155  parliamentary  seats  in  June  multiparty 
elections  that  observers  deemed  acceptable  and  satisfactory  under  the  cir- 
cumstances. The  elections  followed  a  5-month  period  of  chaos  and  anarchy  in  the 
country.  Fatos  Nano,  the  Socialist  Party  chairman,  formed  a  new  Government  in 
July.  The  judiciary  was  unable  to  function  for  much  of  the  year. 

Local  police  units  reporting  to  the  Ministry  of  the  Interior  are  principally  respon- 
sible for  internal  security.  Tne  police  disappeared  from  the  streets  in  many  cities, 
especially  in  the  south.  Security  forces  were  able  to  keep  some  control  in  Tirana  for 
all  except  a  few  days  of  the  unrest,  but  in  the  rest  of  the  country  they  totally  lost, 
and  in  many  places  still  do  not  exercise,  control  and  authority. 

The  Albanian  national  intelligence  service  (SHIK)  is  responsible  for  both  external 
and  domestic  intelligence  gathering  and  counterintelligence  functions.  SHIK'S  inter- 
nal responsibilities  in  support  of  law  enforcement  agencies  include  gathering  infor- 
mation on  government  corruption  and  anticonstitutional  activities.  A  public  percep- 
tion arose  before  and  during  the  violence  in  February  and  March  that  SHIK  was 
firmly  under  the  control  of  then-President  Berisha  and  that  he  and  the  Democratic 
Party  were  using  SHEK  for  their  own  political  ends.  SHIK  personnel,  particularly 
in  the  south,  suffered  beatings  and  harassment  and  in  several  cases  were  brutally 
murdered.  At  year's  end  SHIK  was  functioning  but  at  an  extremely  limited  level. 
The  new  Government  plans  to  restructure  the  intelligence  organization.  Police  re- 
portedly committed  some  human  rights  abuses. 

Albanians  suffered  severely  due  to  the  collapse  of  a  number  of  pyramid  schemes 
in  which  many  citizens  placed  large  sums  of  money.  This  precipitated  a  political  and 
social  crisis,  since  many  citizens  had  sustained  themselves  on  the  "interest"  pay- 
ments received  from  such  schemes.  The  ensuing  violence  and  instability  undermined 
economic  growth,  reversed  improvements  in  infrastructure,  and  led  to  growing  infla- 
tion and  increased  unemployment.  The  agricultural  sector  employs  about  60  percent 
of  the  workforce.  Remittances  from  Albanians  working  abroad  and  foreign  assist- 
ance are  major  sources  of  income.  Considerable  income  is  also  believed  to  derive 
from  numerous  criminal  activities.  Following  formation  of  the  new  Government  in 
July,  efforts  to  restore  order  and  confidence  in  the  economy  led  to  a  modest  recov- 
ery. The  Government  has  committed  itself  to  meeting  the  international  financial 
community's  demands  that  pyramid  schemes  be  clearly  outlawed  and  that  the  re- 
maining pyramid  schemes  be  audited  and,  if  insolvent,  liquidated  to  repay  deposi- 
tors partially.  However,  measurable  results  have  been  slow  in  coming. 

The  country's  human  rights  record  deteriorated  sharply  around  the  time  of  the 
state  of  emergency  from  March  2  until  July  24,  reflecting  the  country's  general 
breakdown  of  governmental  authority  and  civil  society.  Depending  on  the  specific 
time  and  the  government  in  power,  accusations  were  made  that  police,  SHIK,  and 
unofficial  paramilitary  groups  committed  killings  and  beatings.  Given  the  break- 
down of  order,  however,  there  is  very  little,  if  any,  firm  evidence  to  substantiate 
these  accusations,  although  the  Government  acknowledges  that  police  may  have 
killed  some  persons  in  custody.  However,  there  were  numerous  casualties  as  a  re- 
sult of  the  cnaos  and  anarchy.  According  to  unofficial  estimates  over  2,000  persons 
were  killed  and  many  more  wounded  during  the  first  6  months  of  1997.  Moreover, 
a  much  lower  but  continuous  level  of  killings  and  injuries  continued  throughout  the 
year.  Most  deaths  were  due  to  accidents,  whether  from  firearms  or  grenades,  as  ar- 

(939) 


940 

mories  were  looted.  Many  intentional  deaths,  however,  resulted  from  acts  of  re- 
venge, from  traditional  blood  feuds,  or  from  fighting  among  rival  criminal  groups. 
Some  deaths  also  reportedly  resulted  from  insurgent  attacks  on  the  police  or  SHK. 
Poor  prison  and  pretrial  detention  conditions  continued;  however,  the  escap>e  of  all 

firisoners  in  March  enabled  the  Government  to  try  to  rebuild  and  reconstruct  the 
acilities  to  meet  international  standards.  Two  prisons  were  repaired  and  are  func- 
tioning again.  A  partial  amnesty  program  attracted  some  prisoners  to  return  to  jail 
in  exchange  for  reduced  sentences. 

The  judicial  system,  which  was  inefficient  and  subject  to  corruption  and  executive 
pressure  in  normal  times,  was  undermined  by  the  chaos  and  unable  to  function  in 
many  places.  Mtmy  of  the  courts  were  vandalized  or  burned  down.  Some  judges 
were  intimidated  by  the  fact  that  criminals  they  had  sentenced  were  freed.  There 
are  still  numerous  complaints  about  unqualified  and  unprofessional  judges.  Mem- 
bers of  the  opposition  say  that  the  Government  infringed  on  their  privacy  rights. 
The  antigenocide  (lustration)  law — which  could  bar  potential  candidates — was 
amended  twice,  once  prior  to  the  June  elections,  to  allow  additional  groups  and  indi- 
viduals to  run  for  ofuce  despite  their  role  in  the  former  Communist  regime,  and 
again  in  August,  to  further  lessen  its  impact. 

The  Government  is  working  with  the  Greek  government  to  assure  continuing  im- 
proved conditions  for  the  ethnic  Greek  minority.  The  two  Governments  ratified  and 
put  into  force  a  seasonal  worker  agreement  and  the  Greek  Government  has  in- 
creased its  bilateral  assistance  programs. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings  by  government  ofTicials,  but  the  Government  acknowledged  that  police  may 
have  killed  some  persons  in  custody. 

Numerous  casualties  resulted  from  the  chaos  and  anarchy.  According  to  unofficial 
estimates,  over  2,000  persons  were  killed  and  many  more  were  wounded  during  the 
first  6  months  of  the  year.  Moreover,  a  much  lower  but  continuous  level  of  killings 
and  injuries  continued  throughout  the  year.  Most  deaths  were  due  to  accidents,  as 
armories  were  looted;  however,  many  instances  of  targeted  killings  occurred  as  well. 
Many  intentional  deaths  resulted  from  acts  of  revenge,  from  traditional  blood  feuds, 
or  from  fighting  among  rival  criminal  groups.  Some  deaths  also  reportedly  resulted 
from  insurgent  attacks  on  the  police  or  SHIK.  An  estimated  30  or  more  police  were 
killed  and  dozens  wounded  during  the  worst  violence  in  March  and  April.  In  Sep- 
tember inside  the  parliament  building  socialist  party  M.P.  Gafur  Mazreku  shot 
democratic  party  M.P.  Azem  Hajdari  four  times.  Hajdari  survived  and  is  recovering 
from  the  wounds.  The  two  had  previously  been  engaged  in  a  physical  altercation 
over  "lack  of  respect"  for  each  others'  opinions. 

Authorities  arrested  former  president  Ramiz  Alia  on  February  1,  1996,  and 
charged  him  with  the  internment  and  imprisonment  in  concentration  camps  of  thou- 
sands of  citizens  during  the  Communist  regime.  After  Alia  entered  pretrial  deten- 
tion, the  prosecutor  added  other  charges:  ordering  the  killing  of  people  who  at- 
tempted to  leave  the  country;  ordering  troops  and  police  to  fire  on  the  people  who 
toppled  the  Hoxha  monument  in  Tirana;  ordering  the  arming  of  military  students 
who  subsequently  killed  some  civilians;  and  ordering  the  shootings  on  April  2,  1991, 
in  Shkodra  that  lefl  four  dead.  The  investigation  was  still  ongoing  at  the  start  of 
the  year.  Alia,  however,  went  free  along  with  all  the  other  prisoners  in  March  when 
all  the  prisons  were  abandoned.  He  was  subsequently  rumored  to  have  fled  to 
France  and  to  be  living  there  with  his  son.  After  apparently  living  in  various  Euro- 
pean cities  with  relatives.  Alia  returned  to  Albania  December  21.  On  October  20  a 
Tirana  court  dismissed  charges  of  genocide  and  crimes  against  humanity  against 
Alia.  Similar  charges  against  two  former  Interior  Ministers,  Simon  Stefani  and 
Hekuran  Isai,  and  against  former  General  Prosecutor  Qemal  Lame,  also  were 
dropped. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Law  on  Fundamental  Human  Rights  and  Freedoms  stipulates  that  "no  one  can 
be  subject  to  torture,  punishment,  or  cruel  and  brutal  treatment."  The  Penal  Code 
makes  the  use  of  torture  a  crime  punishable  by  up  to  10  years  in  prison.  In  sporadic 
cases  police  beat  journalists,  political  party  representatives,  students,  and  others 
during  the  unrest  in  the  first  half  of  the  year  and  afler  the  June  elections. 

There  were  sporadic  reports  that  police  used  physical  force  against  demonstrators 
in  February.  During  the  June  election  campaign  there  was  considerable  praise  for 
the  police  force's  efforts  to  handle  difficult  situations  in  a  tense  and  unstable  atmos- 


941 

phere.  The  police  used  great  restraint  many  times  when  demonstrators  against  the 
pjrramid  schemes  as  well  as  those  in  political  rallies  took  to  the  streets  and  main 
squares  in  great  numbers. 

The  overwhelming  majority  of  police  have  little  or  no  professional  training.  In 
January  a  training  course  on  human  rights  and  freedoms  was  conducted  for  some 
police  in  Denmark.  Other  police  training  courses  ceased  when  authorities  lost  con- 
trol of  the  security  situation.  International  teams  have  been  assessing  the  reconsti- 
tuted police  force's  needs  and  plan  training  and  other  assistance  efforts.  In  July  the 
Western  European  Union  (WEU)  organized  a  seminar  for  members  of  the  public 
order  police  and  later  extended  its  mandate  to  assist  police  development  and  reorga- 
nization. 

The  Interior  Ministry  opened  an  ofllce  in  1996  to  deal  with  citizens'  complaints 
and  questions  about  police  behavior  and  the  office  continued  operating  in  1997.  Min- 
istry officials  have  met  since  August  with  representatives  from  the  Albanian  Center 
for  the  Documentation  of  Human  Rights  to  coordinate  on  a  curriculum  for  seminars 
to  train  police  officers  in  fundamental  human  rights  principles  and  for  correct  be- 
havior with  the  public.  The  Center  published  a  book  on  human  rights  to  help  edu- 
cate police  supervisors,  and  the  WEU  is  producing  elementary  level  leaflets  on 
human  rights  for  use  by  rank  and  file  police  oflicers. 

The  Interior  Ministry  has  an  Internal  Affairs  OfTice  to  monitor  police  performance 
and  to  uncover  corruption.  Accusations  of  corruption  among  public  officials  have 
been  raised  during  each  of  the  three  governments. 

At  the  beginning  of  the  year  1,209  persons  were  imprisoned,  but  they  were  all  re- 
leased by  armed  groups  that  stormed  the  prisons  in  mid-March  during  the  worst 
of  the  chaos.  All  of  the  prisons  were  either  severely  damaged  or  totally  destroyed. 
As  of  September  there  were  310  inmates.  A  total  of  5  women  of  the  35  previously 
in  custo(^  were  back  in  jail;  no  minors  were  held.  Some  80  prisoners,  mostly  those 
convicted  of  lesser  crimes,  returned  voluntarily  when  then-President  Berisha  in 
April  offered  to  reduce  their  sentences  by  one-third  under  an  amnesty  law.  The 
Nano  Government  extended  this  amnesty  offer  until  January  15,  1998.  The  remain- 
der of  those  in  prison  were  arrested  after  the  original  amnesty  offer  expired  in  April. 
President  Berisha  pardoned  other  prisoners  in  March,  if  they  had  less  than  2  years 
to  serve,  and  also  pardoned  Socialist  Party  Chairman  and  current  Prime  Minister 
Fatos  Nano  on  March  14. 

Past  prison  conditions  failed  to  meet  minimum  international  standards,  but  with 
the  total  destruction  or  serious  damage  to  all  seven  prison  facilities  when  dem- 
onstrators attacked  them  from  March  13  to  March  15,  the  Government  is  rebuilding 
facilities  to  meet  those  standards.  The  destruction  negated  all  improvements  made 
in  1996.  By  September  only  two  jails  were  functioning  in  Tirana  and  one  in 
Lushnja,  where  reconstruction  is  well  underway  or  complete.  Other  facilities  under 
reconstruction  were  expected  to  be  ready  by  years'  end.  Authorities  plan  to  open  two 
new  pris-ons  in  Lezha  and  Vaqarri  in  early  1998.  The  prison  at  Vaqarri  is  to  include 
a  vocational  training  school.  The  European  Union  is  providing  much  of  the  funding 
for  these  projects. 

Women  currently  have  their  own  prison  with  dormitory  sleeping  facilities  and  an 
open-air  community  atmosphere.  Some  training  and  education  classes  are  available. 
Plans  include  a  separate  prison  for  minors  at  the  new  Lezha  facility,  where  violent 
prisoners  will  be  kept  separate  from  those  sentenced  for  lesser  offenses. 

Family  members  may  visit  prisoners  four  times  per  month  after  sentencing,  but 
only  twice  a  month  when  in  detention,  with  an  opportunity  for  additional  visits  with 
the  consent  of  the  prosecutor's  office.  Personnel  from  nongovernmental  organizations 
(NGO's)  as  well  as  journalists  can  obtain  unlimited  visitation  rights,  but  must  first 
secure  permission  from  the  General  Director  of  Prisons.  Some  NGO's  complained  at 
the  start  of  the  year  that  they  could  not  get  permission  to  visit  detainees.  The  Inter- 
national Committee  of  the  Red  Cross  started  negotiating  with  the  Nano  Government 
in  August  for  an  agreement  on  visiting  detention  centers.  The  Red  Cross  signed 
agreements  in  Octooer  with  the  Ministers  of  Interior  and  Justice  for  visitation 
rights  to  see  detainees  in  accordance  with  its  standards.  The  visits  took  place  with- 
out problems. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  1995  Penal  Procedures  Code  sets  out 
the  rights  of  detained  and  arrested  persons.  By  law  a  police  officer  or  prosecutor 
may  order  a  suspect  into  custody.  Detained  persons  must  be  immediately  informed 
both  of  the  charges  against  them  and  of  their  rights.  If  detained  by  the  police,  a 
prosecutor  must  be  notified  immediately.  Within  48  hours  from  the  arrest  or  deten- 
tion a  court  must  decide,  in  the  presence  of  the  prosecutor,  of  the  suspect,  and  of 
the  suspect's  lawyer,  as  to  the  security  measures  to  be  taken.  Legal  counsel  must 
be  provided  free  of  charge  if  the  defendant  cannot  afford  a  private  attorney. 


942 

Bail  in  the  form  of  money  or  property  may  be  required  if  the  judge  beheves  the 
accused  may  not  appear  for  the  hearing.  Alternatively,  a  suspect  may  be  placed 
under  house  arrest.  The  court  may  order  pretrial  confinement  in  cases  where  there 
is  reason  to  believe  the  accused  may  leave  the  country  or  is  a  danger  to  society. 

The  Penal  Procedures  Code  requires  completing  pretrial  investigations  within  3 
months.  The  prosecutor  may  extend  this  period  by  3-month  intervals  in  especially 
difficult  cases.  The  accused  and  the  injured  party  have  the  right  to  appeal  these  ex- 
tensions to  the  district  court. 

F*retrial  detention  conditions  remained  deficient  at  the  start  of  the  year,  but  the 
Government  has  begun  building  or  renovating  structures  to  address  those  needs. 
Plans  for  one  building  in  Tirana  under  renovation  envision  a  capacity  for  334  de- 
tainees. 

The  government  does  not  employ  exile  as  a  form  of  punishment  or  political  con- 
trol. 

e.  Denial  of  Fair  Public  Trial. — The  Law  on  Major  Constitutional  Provisions  pro- 
vides for  an  independent  judiciary,  but  with  the  breakdown  of  society,  the  judiciary 
was  unable  to  function  in  many  places  as  courts  were  burned  and  some  judges  fled 
their  posts.  Fifteen  out  of  36  district  courts  were  totally  destroyed  along  with  an 
unknown  amount  of  records,  papers,  and  other  legal  materials.  A  few  courts  contin- 
ued to  operate  to  some  extent,  although  they  were  inhibited  by  the  chaos,  the  inabil- 
ity of  police  to  enforce  court  decisions,  and  the  lack  of  prisons.  Some  cases  were  sent 
to  Tirana  courts  for  adjudication.  By  year's  end  all  courts  had  reopened. 

The  judiciary  was  previously  hampered  by  political  pressures,  insufficient  re- 
sources, inexperience,  patronage,  and  corruption.  Numerous  complaints  remained 
about  unqualified  and  unprofessional  judges,  but  the  government  is  seeking  to  im- 
prove and  professionalize  the  judiciary.  The  Justice  Ministry's  administrative  role 
in  the  judicial  budget  process  potentially  constrains  the  judiciary's  independence. 

The  judicial  system  comprises  district  courts,  six  courts  of  appeal,  and  the  Court 
of  Cassation.  Each  of  these  courts  is  divided  into  three  jurisdictions:  criminal,  civil, 
and  military.  The  Court  of  Cassation  hears  appeals  from  the  court  of  appeals,  while 
the  separate  Constitutional  Court  reviews  those  cases  requiring  interpretation  of 
constitutional  legislation  or  acts. 

The  President  heads  the  High  Council  of  Justice  which  appoints  and  dismisses  all 
other  judges.  The  Council's  membership  was  increased  from  9  to  13  in  1997.  In  addi- 
tion to  the  President,  the  Justice  Minister,  head  of  the  Cassation  Court,  and  the 
Prosecutor  General,  the   Council   now   consists  of  three  judges,  chosen  by  other 

1'udges,  two  prosecutors,  selected  by  other  prosecutors,  and  four  independent,  well- 
cnown,  and  respected  lawyers  whom  parliament  names.  The  new  composition  of  the 
Council  gives  the  judicial  branch  significantly  more  independence  from  the  executive 
than  in  the  past. 

According  to  its  internal  statute,  the  High  Council  of  Justice  has  broad  powers 
to  fire,  demote,  transfer,  or  otherwise  discipline  district  and  appeals  court  judges  for 
incompetence,  commission  of  a  serious  crime,  or  for  questionable  morality.  Judges 
were  previously  not  called  before  the  Council  to  testify  in  their  own  behalf,  but  in 
the  past  there  have  been  no  cases  in  which  dismissed  judges  have  complained  either 
through  the  press  or  directly  to  the  courts.  Some  administrative  staff  from  the  Cas- 
sation Court  who  were  removed  did  complain  and  were  later  reinstated.  After  it 
started  meeting  again  in  September,  the  High  Council  of  Justice  dismissed  three 
judges  and  relocated  a  number  of  others  as  disciplinary  measures.  The  three  re- 
moved from  the  bench  appeared  before  the  Council  during  the  proceedings  against 
them.  In  December  Parliament  passed  a  law  "On  the  Organization  oi  Justice," 
which  gives  judges  the  right  to  appeal  their  dismissals  to  the  Cassation  Court,  and 
the  FVesident  signed  the  new  law  in  January  1998. 

Parliament  has  the  authority  to  approve  and  dismiss  the  9  judges  of  the  Constitu- 
tional Court  and  the  11  members  of  the  Court  of  Cassation.  These  judges  may  be 
dismissed  only  for  mental  incompetence  or  conviction  of  a  serious  crime.  Constitu- 
tional Court  justices  serve  maximum  9-year  terms,  rotating  in  three  new  justices 
every  3  years.  Cassation  Court  judges  are  elected  for  7  years. 

Criticism  continues  about  the  appointment  of  judges  who  only  completed  a  6- 
month  training  course.  The  long-awaited  magistrates'  school,  a  government-sub- 
sidized and  European-funded  institution  aimed  at  assuring  the  professional  training 
of  judges  and  prosecutors,  began  classes  in  mid-October  with  20  students,  who  were 
selected  competitively  from  150  applicants.  The  school  is  expected  to  address  the  in- 
adequate educational  preparation  of  judges  and  help  increase  the  level  of  profes- 
sionalism among  those  who  sit  on  the  bench.  Once  in  full  operation,  the  training 
program  will  include  mandatory  initial  training  of.  candidates  for  the  magistrature 
as  well  as  a  program  of  continuing  education. 


943 

Parliament  appoints  prosecutors  on  the  recommendation  of  the  President,  and 
they  also  serve  at  the  pleasure  of  the  High  Council  of  Justice,  except  for  the  pros- 
ecutor general  and  deputy  prosecutor  general,  who  serve  for  7  years  and  can  only 
be  removed  for  mental  incompetence  or  after  being  found  ^ilty  of  a  crime.  After 
a  new  prosecutor  general  was  appointed  on  August  14  and  tne  Council  was  reorga- 
nized, it  fired  the  prosecutor  from  the  Elbasani  district  for  violating  procedures  and 
for  releasing  violent  criminals  after  the  police  arrested  them.  These  criminals  subse- 
quently killed  one  and  wounded  two  others  in  a  shoot-out  in  Elbasani's  main  square. 
Some  prosecutors  and  judges  resigned  after  the  Socialist  Party's  victory  in  June  and 
the  change  of  government  in  July. 

Parliament  approves  the  courts'  budget  and  allocates  to  each  a  set  amount  at  the 
start  of  the  year.  Each  court  then  determines  how  to  spend  the  money.  The  Justice 
Ministry  provides  and  approves  administrative  and  support  personnel,  but  the  Min- 
istry stresses  that  it  heis  no  involvement  with  judicial  budget  decisions.  The  courts, 
however,  have  continued  to  argue  that  this  administrative  role  can  be  used  to  con- 
strain the  judiciary's  independence. 

The  efforts  of  the  Council  of  Europe  and  NGO's  to  work  with  the  Government  to 
print  and  distribute  the  penal  codes  and  laws  throughout  the  country  were  under- 
mined by  the  unrest  and  damage  to  the  courts  early  in  the  year.  Most  foreign  con- 
sultants and  advisors  were  evacuated  in  mid-Marcn  and  were  slow  to  return,  al- 
though some  offices  remained  open  with  local  staff.  With  the  destruction  of  many 
courts  and  public  buildings  and  records  in  towns  around  the  country,  it  will  take 
a  long  time  to  resume  functioning  fully. 

At  year's  end,  all  courts  were  in  session,  but  few  cases  came  before  them  due  to 
lack  of  investigation  by  local  prosecutors'  offices.  The  prosecutors  are  hampered,  in 
turn,  by  the  failure  of  police  to  provide  sufficient  facts  and  evidence  for  the  prosecu- 
tors to  take  the  cases  to  court. 

The  Law  on  Fundamental  Human  Rights  and  Freedoms  provides  for  the  right  to 
a  fair  and  speedy  trial.  It  also  mandates  public  trials,  except  in  cases  where  the  in- 
terests of  public  order,  morality,  national  security,  the  private  lives  of  the  parties 
involved,  or  justice  require  restrictions.  If  convicted,  the  accused  has  the  right  to  ap- 

geal  the  decision  within  5  days  to  the  court  of  appeals  and  again  to  the  Court  of 
lassation,  which  renders  the  final  verdict.  The  law  does  not  specify  any  time  period 
within  which  the  court  of  appeals  or  the  Court  of  Cassation  must  hear  appeals. 
There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Law  on  Fundamental  Human  Rights  and  Freedoms  provides  for  the  inviolability  of 
the  individual  person,  of  dwellings,  and  of  the  privacy  of  correspondence.  Parties  op- 
posed to  then-President  Berisha  and  the  Democratic  Party,  particularly  at  the  be- 
ginning of  the  year,  made  a  number  of  allegations  of  government-sanctioned  tamper- 
ing with  correspondence,  wiretapping,  or  interference  with  telephone  service.  Al- 
though such  complaints  are  less  prominent  about  the  Nano  Government,  which  only 
came  into  office  in  July,  members  of  the  present  opposition  believe  that  the  same 
type  of  invasion  of  privacy  is  occurring  targeted  against  them. 

Parliament  twice  revised  the  anti-genocide  and  lustration  laws,  narrowing  the  list 
of  those  required  to  undergo  scrutiny  for  past  crimes  under  the  Hoxha  and  Alia 
Communist  regimes,  which  could  render  them  ineligible  to  run  for  public  office  until 
2002.  No  candidates  were  banned,  after  appeals,  from  running  in  the  June  par- 
liamentary elections,  even  though  some  were  not  decided  until  the  last  minute,  and 
ballots  had  to  be  revised  at  that  point. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Law  on  Fundamental  Human  Rights  and 
Freedoms  provides  for  freedom  of  speech  and  of  the  press,  and  the  Government  gen- 
ereJly  respected  these  rights.  Although  journalists  complain  about  lack  of  freedom 
of  the  press,  they  are  free  to  write,  uncensored  and  unverified,  virtually  anything 
they  wish.  There  was  a  period  of  a  month  and  a  half  under  the  state  of  emergency 
when  no  newspapers  except  the  Democratic  Party  paper  were  published  and  another 
period  before  the  elections  in  June  when,  especially  in  the  south,  the  democrats  had 
difficulties  distributing  their  newspaper.  Each  party  during  the  time  it  has  been  in 
opposition  complained  about  their  lack  of  exposure  on  the  state-run  electronic 
media,  but  there  was  no  censorship  of  content. 

In  September  Parliament  passed  a  well-received  law  that  provided  for  broad  press 
freedom.  However,  the  law  is  extremely  vague  and  had  not  yet  been  implemented 
by  year's  end. 

During  the  unrest  and  the  June  election  campaign,  journalists  complained  of  the 
difficulties  in  reporting  stories  (such  as  having  cameras  and  equipment  stolen  and 
being  attacked  by  criminal  gangs),  and  political  parties  raised  tne  problems  and 


944 

dangers  of  campaigning  and  distributing  respective  party  newspapers  in  different 
parts  of  the  country. 

Little  sense  of  journalistic  responsibility  or  professional  integrity  exists.  Sensa- 
tionalism is  frequently  the  norm  in  the  print  media.  Many  criticisms,  accusations, 
and  fabrications  are  still  printed  in  the  party-oriented  newspapers  without  substan- 
tiation, but  also  without  reprisal. 

The  press  remains  willing  and  able  to  criticize  whichever  government  is  in  power 
and  continued  to  do  so  during  the  three  governments  in  1997.  The  notable  exception 
was  in  the  first  6  weeks  of  the  state  of  emergency  when  the  government  imposed 
censorship.  No  newspapers  appeared  for  a  month  and  a  half  except  the  Democratic 
Party  paper  Rilindja  Demokratike.  Access  to  newspapers  in  different  parts  of  the 
country  was  limited,  even  after  the  immediate  crisis,  as  carriers  were  threatened 
and  the  national  roads  blocked  by  well-armed  groups. 

Political  parties,  independent  trade  unions,  and  various  societies  and  groups  pub- 
lish their  own  newspapers,  some  of  which  have  only  limited  appeal  and  distribution. 
Dependence  on  outside  sources  for  revenues  may  lead  to  pressures  which  limit  the 
independence  of  reporting.  Taxes  on  publications,  in  addition  to  rising  printing 
costs,  make  it  difficult  for  independent  media  to  be  economically  viable  without  sub- 
sidies or  loans  from  their  patrons,  e.g.,  political  parties,  social  organizations,  or  pri- 
vate businesses.  Journalists  accused  former  President  Berisha  and  the  Meksi  gov- 
ernment of  using  excessive  taxation  as  a  deliberate  means  to  cripple  the  independ- 
ent and  opposition  press.  The  Nano  Government  had  by  September  also  refused  to 
lower  taxes,  and  journalists  are  concerned  that  taxes  will  go  up  even  more  as  the 
new  administration  continues  to  pursue  all  potential  revenue  sources  to  offset  the 
government's  deficit.  In  November  newspapers  went  on  strike  for  lower  taxes  and 
other  government  subsidies  ,and  the  Government  promised  to  meet  many  of  their 
demands. 

However,  at  any  one  time  an  estimated  200  different  publications  are  available, 
including  daily  and  weekly  papers,  magazines,  newsletters,  and  pamphlets.  Three 
Greek  minority  newspapers  are  published  in  southern  Albania. 

Koha  Jone,  a  mildly  sensationalist,  independent  daily  newspaper  with  the  lareest 
circulation,  took  a  strong  anti-Berisha/Democratic  Party  line  early  in  the  year.  Koha 
Jone  and  other  then-opposition  papers  accused  the  Meksi  government  and  Berisha 
of  systematic  harassment.  The  Koha  Jone  office  was  ransacked  and  burned  by  un- 
known persons  in  the  early  moraing  of  March  3,  the  first  night  of  the  state  of  emer- 
gency. Pro-Democratic  Party  forces  were  widely  assumed  to  be  responsible,  but 
Koha  Jone  never  produced  any  evidence  to  support  this  theory.  Koha  Jone's  editor 
left  the  paper  in  May  and  started  his  own  new  newspaper.  The  Indipendent,  con- 
tinuing his  previous  editorial  approach.  The  Indipendent  has  since  ceased  pubHca- 
tion,  and  its  former  editor  is  now  the  Prime  Minister's  press  spokesperson. 

Journalists  seem  uncertain  about  their  relations  with  the  Nano  Government,  but 
some  reporters  think  the  Government  is  exercising  indirect  pressure  on  the  press 
by  appomting  a  number  of  journalists  to  government  jobs.  Owner  and  director  of 
Koha  Jone,  Nikoll  Lesi,  an  independent  Member  of  Parliament  and  a  member  of  the 
Media  Commission,  complainea  in  September  about  the  higher  taxes  and  higher 
costs  of  running  a  newspaf>er  in  a  Koha  Jone  article. 

Reporters  regularlv  claim  harassment  from  police  and  threats  from  unknown  indi- 
viduals, and  particularly  during  the  first  half  of  the  year,  a  number  of  beating  and 
harassment  incidents  occurred  involving  journalists  from  both  sides  of  the  political 
spectrum. 

State-run  radio  and  television  provide  the  bulk  of  domestic  programmingj^  and  the 
Nano  Government  has  increased  the  number  of  members  of  the  State  Executive 
Committee  of  Radio  and  Television.  The  stated  intention  of  this  expansion  is  to  help 
redress  imbalance  and  political  bias  as  well  as  access  to  the  media.  The  Democratic 
Party,  now  in  opposition,  complained  about  a  lack  of  equal  access,  just  as  the  Social- 
ists had  previously  complained  when  the  Democratic  Party  was  in  power.  In  August 
former  parliamentary  speaker  PJETER  Arbnori  started  a  hunger  strike  to  empha- 
size the  need  for  equal  access.  His  hunger  strike  lasted  20  days  until  a  compromise 
between  the  Democratic  Party  and  the  Socialist  Party  was  reached  on  the  media  law 
providing  for  equitable  access  for  all  the  parties. 

Most  municipalities  offer  international  programs  received  via  satellite.  Home  sat- 
ellite dishes  abound  and  most  citizens,  even  in  remote  villages,  have  access  to  inter- 
national broadcasts.  In  May  Parliament  passed  a  law  authorizingprivate  commer- 
cial broadcasting  licenses  that  is  expected  to  take  effect  in  1998.  The  law  is  liberal 
as  far  as  ease  in  obtaining  a  license,  but  apparently  is  unsatisfactory  to  some  be- 
cause it  may  limit  the  number  of  licenses  available.  The  Government  plans  to  con- 
trol the  procedures  through  the  establishment  of  a  National  Committee. 


945 

There  are  12  unlicensed  private  television  stations  and  10  private  radio  stations. 
The  number  keeps  increasing.  These  stations  are  currently  unregulated.  There  is  no 
official  state  foreign  language  broadcasting.  Widely  received  and  listened  to  are  sta- 
tions from  Italy,  Greece,  and  the  Former  Yugoslav  Republic  of  Macedonia.  The  Voice 
of  America  (VOA)  and  the  BBC  are  also  popular.  As  of  September,  the  VOA  is 
broadcast  on  the  FM  band  from  a  private  radio  station  in  Vlora. 

University  professors  continue  to  complain  about  the  lack  of  academic  freedom. 
Their  complaints  include  firings  and  hirings  for  political  reasons  and  the  admission 
of  unqualified  students  as  political  favors.  Universities  were  closed  during  the  state 
of  emergency  and  students  were  able  to  finish  only  part  of  their  spring  term.  A  new 
fall  semester  started  on  October  15.  The  Government  apparently  does  not  plan  to 
extend  the  Meksi  government's  decision  in  1996  to  prohibit  foreigners  who  were  not 
the  part  of  a  university-to-university  agreement  from  teaching  in  the  country's  uni- 
versities. During  the  fall  semester,  a  number  of  professors  and  department  heads, 
as  well  as  all  university  rectors  were  removed  from  their  posts.  The  Nano  Govern- 
ment stated  that  these  employment  changes  were  designed  to  remove  unqualified 
and  incompetent  professors,  but  those  dismissed  insist  that  the  firings  were  under- 
taken for  political  reasons. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Law  on  Fundamental 
Human  Rights  and  Freedoms  provides  for  the  right  of  peaceful  assembly  and  states 
that  "no  one  may  be  denied  the  right  to  collective  organization  for  any  lawful  pur- 

fiose."  The  government  generally  respected  this  right  in  practice.  According  to  the 
aw,  rally  organizers  must  notify  police  authorities  3  days  m  advance  about  the  loca- 
tion, time,  number  of  participants,  and  other  details.  The  chief  of  police  must  issue 
his  decision,  with  explanations  for  any  refusal,  no  later  than  24  hours  before  the 
event.  The  police  may  refiise  the  permit  in  cases  when  the  rally  may  violate  human 
rights  and  freedoms;  traffic  obstruction  may  be  a  problem;  there  is  sufficient  evi- 
dence that  violent  or  criminal  acts  may  occur;  if  another  rally  is  planned  for  the 
same  time;  or  if  a  rally  would  interfere  with  a  national  event,  e.g.,  a  presidential 
speech.  No  advance  ofiicial  permission  is  now  required  for  meetings  held  in  closed 
non-public  places.  The  police  no  longer  have  the  authority  to  pre-approve  speech  or 
slogan  content.  There  were  a  large  number  of  demonstrations  in  1997,  both  to  pro- 
test the  country's  situation  and  for  the  election  campaigns.  Most  gatherings  went 
on  unauthorized  and  unchallenged,  although  police,  mainly  in  Tirana,  did  try  to  as- 
sert control.  A  few  demonstrations  turned  violent,  with  snootings  and  injuries,  but 
it  was  unclear  in  all  cases  who  was  responsible. 

In  early  March,  the  Meksi  government  banned  public  gatherings  of  more  than 
four  people  and  imposed  a  curiew.  The  curfew  and  limit  on  public  gatherings  were 

f>art  of  the  state  of  emergency,  which  the  new  Parliament  litled  July  23  during  its 
irst  session. 

The  Law  on  Fundamental  Human  Rights  and  Freedoms  provides  for  the  right  of 
association,  and  the  Government  generally  respects  this  right  in  practice.  A  political 
party  must  apply  to  the  Ministry  of  Justice  for  ofTicial  certification.  It  must  declare 
an  arm  or  purpose  that  is  not  anticonstitutional  or  contrary  to  law,  and  it  must  de- 
scribe its  organizational  structure  and  account  for  all  public  and  private  funds  it  re- 
ceives. 

c.  Freedom  of  Religion. — The  Law  on  Fundamental  Human  Rights  and  Freedoms 
provides  that  "freedom  of  thought,  conscience,  and  religion  may  not  be  violated." 
Citizens  may  freely  change  their  religion  or  beliefs  and  may  manifest  them  alone 
or  in  community  with  others,  in  public  or  in  private  life,  and  in  worship,  teaching, 
practice,  and  observance.  The  Government  respects  these  provisions  in  practice. 
There  is  no  law  to  control  either  violation  of  religious  rights  or  so-called  religious 
groups  which  may  violate  or  abuse  the  rights  of  others. 

The  majority  of  citizens  are  secular  in  orientation  after  decades  of  rigidly  enforced 
atheism.  Muslims,  who  make  up  the  largest  traditional  religious  group,  adhere  to 
a  moderate  form  of  Sunni  Islam.  The  Albanian  Autocephalous  Orthodox  and  Roman 
Catholic  Churches  are  the  other  large  denominations.  The  Albanian  Orthodox 
Church  split  from  the  Greek  Orthodox  Church  early  in  the  century,  and  there  is  a 
strong  identification  with  the  national  church  as  distinct  from  the  Greek  church. 
The  current  archbishop  is  a  Greek  citizen,  even  though  the  Albanian  Orthodox 
Church's  1929  statute  states  that  all  its  archbishops  must  be  of  Albanian  heritage, 
because  there  are  no  Albanian  clerics  qualified  for  this  position. 

Foreign  clergy,  including  Muslim  clerics.  Christian  and  Ba'hai  missionaries,  Jeho- 
vah's Witnesses,  and  many  others  freely  carry  out  religious  activities.  The  Religious 
Council  of  the  State  Secretariat,  an  office  that  functions  under  the  Prime  Minister's 
authority,  but  has  no  clear  mandate  and  is  unable  to  make  decisions  on  its  own, 
estimates  that  there  are  20  different  Muslim  societies  and  sects  with  around  95  rep- 
resentatives in  country.  There  are  more  than  2,500  missionaries  representing  Chris- 


946 

tian  or  BaTiai  organizations.  No  religious  missionaries  have  suffered  any  acts  of  vio- 
lence or  been  arrested  because  they  are  missionaries. 

The  government  has  not  yet  returned  all  lands  and  religious  objects  under  its  con- 
trol that  were  confiscated  under  the  Communist  regime.  Some  warehouses  in  which 
church  groups  stored  food  and  other  basic  commodities  were  seriously  damaged  and 
looted  during  the  unrest.  Each  religion  is  slowly  recovering  old  properties,  but  in 
cases  where  the  sites  or  buildings  were  "cultural  monuments  protectea  by  the  state," 
the  transfer  of  ownership  continues  to  be  problematic  and  slow.  All  major  religious 
groups  continue  to  complain  of  this  slow  pace  of  property  return. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  are  no  restrictions  on  freedom  of  movement  within  the  country. 

During  the  period  of  unrest,  citizens  either  individually  or  in  small  groups  were 
not  prevented  from  traveling  to  Tirana.  Rebels  in  the  south  set  up  roadblocKs,  and 

¥eople  had  trouble  traveling  in  that  region.  The  police  set  up  roadblocks  around 
irana  when  rumors  indicated  that  a  group  was  coming  from  the  south  to  cause 
trouble  in  the  capital;  the  group  never  appeared. 

There  are  generally  no  restrictions  on  entry  and  exit  from  the  country. 

Albanian-bom  citizens  abroad  are  eligible  to  apply  for  dual  citizenship.  With  the 
collapse  of  the  pyramid  schemes  and  the  ensuing  disorder,  an  unknown  number  of 
Albanians  fled  to  Greece,  Italy,  and  other  western  countries,  with  most  entering 
those  countries  illegally.  There  are  estimates  that  over  15,000  fled  to  Italy  alone. 

Albanians  who  fled  the  country  during  the  Communist  dictatorship  are  welcomed 
back  with  citizenship  restored  and  without  adverse  consequences,  as  are  all  Alba- 
nians who  left  at  any  time  after  the  Communist  regime  fell. 

The  Government  nas  no  formal  refugee  policy.  Transit  of  refugees  without  visas 
is  problematic,  and  organized  criminal  gangs  have  turned  illegal  refugee  smuggling, 
including  transporting  Albanians  illegally  into  neighboring  countries,  into  a  lucra- 
tive business.  In  some  cases  criminals  have  taken  advantage  of  the  illegals'  plight 
by  telling  them  that  they  were  going  to  Italy,  collecting  their  money  (up  to  $500  to 
1,000  per  head)  up  front,  sailing  up  the  coast  to  Durres,  dropping  them  off,  and  re- 
turning to  Vlora.  The  most  numerous  refugees  are  Kurds,  Pakistanis,  Chinese, 
Turks,  and  others  from  the  Middle  East  and  Asia  on  their  way  to  Western  Europe, 
usually  through  the  port  at  Vlora  on  their  way  to  Italy. 

The  Unitea  Nations  High  Commissioner  wr  Refugees  (UNHCR),  in  conjunction 
with  the  Albanian  Red  Cross,  runs  a  "care  and  maintenance"  program  for  those  per- 
sons whom  they  consider  "vulnerable" — those  who  arrive  ana  cannot  return  where 
they  came  from,  or  have  failed  in  their  attempts  to  continue  further.  The  UNHCR 
office  in  Tirana  assesses  refugees  and,  for  those  whom  they  believe  should  not  be 
returned  to  the  home  country,  approves  grants  of  money,  shelter,  and  food.  The 
UNHCR  also  attempts  to  reunite  families  whenever  possible,  mostly  in  the  case  of 
refugees  from  Kosovo.  However,  most  of  the  illegal  refugees  do  not  come  to  the 
UNHCR  offices  for  assistance.  Nationalities  taking  advantage  of  the  UNHCR  facili- 
ties include  Kosovars,  Macedonians,  Iraqis,  Syrians,  and  Algerians.  Chinese,  Paki- 
stanis, Sri  Lankans,  Iraqi  Kurds,  and  Turks  tend  to  avoid  the  UNHCR.  The 
UNHCR  also  runs  a  public  information  program  on  radio  and  television  to  try  to 
discourage  Albanians  from  going  abroad  illegally,  coordinates  with  the  Albanian  of- 
fice for  refugees  in  the  Interior  Ministry,  and  works  with  the  Labor  Ministry  to  pro- 
mote repatriation  of  Albanians  internally  displaced  during  the  crisis.  During  1997, 
people  came  and  went  during  the  unrest;  about  30  refugees  were  under  unhcr  care 
at  any  one  time.  The  Government  did  not  forcibly  expel  anyone  who  had  a  valid 
claim  to  refugee  status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  their  Govern- 
ment 

The  Law  on  Major  Constitutional  Provisions  states  that  citizens  have  the  right 
to  change  their  government  "by  free,  general,  equal,  direct,  and  secret  ballot,"  and 
in  June  citizens  elected  a  government  in  what  international  observers  considered  to 
be  a  satisfactory  process,  given  the  preceding  months  of  chaos  and  anarchy. 

In  January  and  February,  citizens  who  lost  their  savings  in  failed  pyramid 
schemes  took  to  the  streets  in  protest,  demanding  that  the  government  compensate 
them  for  their  losses.  Opposition  parties,  seizing  the  opportunity  that  this  economic 
calamity  presented,  expanded  the  demands  and  called  lor  the  resignation  of  the  gov- 
ernment of  Prime  Minister  Aleksander  Meksi  and  President  Sali  Berisha,  blaming 
them  for  the  crisis.  The  demonstrations  increased  in  size  and  frequency  and  on  Feb- 
ruary 9  the  first  death,  blamed  on  a  local  policeman,  occurred  in  Vlora,  prompting 
a  massive  funeral  procession  there  February  11  and  a  subsequent  student  hunger 
strike  at  the  university  in  Vlora.  These  events,  in  turn,  sparked  even  more  protests. 
Then-Prime  Minister  Meksi  and  his  ministers  resigned  under  pressure  March  1. 


947 

The  Parliament  declared  a  state  of  emergency  March  2  and  passed  legislation  de- 
signed to  deal  with  the  mounting  civil  disturbances.  The  next  day  parliament  re- 
elected Sali  Berisha  President  for  a  second  5-year  term.  An  interim  National  Rec- 
onciliation Government  was  formed  on  March  9  following  multiparty  negotiations, 
with  a  limited  mandate  to  restore  order  and  prepare  for  new  parliamentary  elec- 
tions. 

Berisha  appointed  a  new  prime  minister,  Bashkim  Fino,  with  the  consensus  of  10 
leading  political  parties.  The  same  consensus  process  was  used  to  agree  on  the  nam- 
ing of  the  cabinet  and  in  filling  some  other  government  positions.  Ministers  in  the 
new  government  came  from  all  10  of  these  parties.  In  addition,  the  Democrats  and 
other  right  of  center  parties,  along  with  the  newly  created  left  of  center  Forum  for 
Democracy  (a  temporary  alliance  of  opposition  parties  led  by  former  Communist-era 
political  prisoners  opposed  to  Berisha),  met  in  a  series  of  roundtable  sessions,  signed 
a  number  of  agreements,  and  moved  toward  the  ultimate  goal  of  new  parliamentary 
elections.  During  the  period  of  public  disorder,  which  developed  into  general  anarchy 
and  reached  its  high  jwint  in  mid-March  throughout  the  country,  the  political  forces 
were  able  to  find  ways,  often  only  after  a  series  of  political  debates  on  a  subject, 
to  cope  with  the  situation.  The  international  community,  working  both  bilaterally 
and  multilaterally  through  the  chairman  in  office  of  the  Organization  for  Security 
and  Cooperation  in  Europe's  personal  representative  Dr.  Franz  Vranitzky,  helped 
the  various  political  forces  develop  the  cooperation  and  compromises  needed  to  con- 
duct the  new  parliamentary  elections  on  June  29  and  to  see  their  results  put  into 
effect. 

A  number  of  serious  difficulties  were  encountered  and  eventually  overcome 
throughout  the  process,  including  agreement  on  a  new  election  law.  As  in  the  period 
preceding  past  elections,  this  law  determined  whether  the  Parliament  would  be 
elected  on  a  majoritarian  or  proportional  basis  or,  as  worked  out,  on  the  basis  of 
some  compromise  between  the  two.  The  law  also  changed  the  number  of  deputies 
to  be  elected  from  140  to  155.  The  Democratic  Party  complained  about  problems 
campaigning  in  the  south  and  there  were  some  incidents  of  violence  directed  against 
their  candidates  and  party  officials.  Other  parties'  candidates  and  leaders  suffered 
in  isolated  incidents  as  well.  Media  access  was  monitored  domestically  and  inter- 
nationally and  was  deemed  fairly  equitable. 

A  simultaneous  referendum  on  the  type  of  government — parliamentary  republic  or 
a  monarchy — took  place  on  June  29  as  well.  The  monarchy  lost,  but  monarchists  led 
by  claimant  to  the  throne  Leka  Zogu  protested  that  the  Socialists  fixed  the  vote 
count.  One  person  was  killed  and  four  were  injured  on  July  3  when  a  pro-monar- 
chist demonstration  turned  violent. 

International  and  domestic  observers  mounted  an  intensive  monitoring  effort  cov- 
ering almost  the  entire  country.  They  judged  the  elections  to  be  satisfactory,  ade- 
quate, and  acceptable  under  the  circumstances.  There  were  isolated  incidents  of  vio- 
lence and  some  reports  of  fraud  and  manipulation,  but  observers  determined  these 
did  not  significantly  affect  the  final  outcome.  Voter  turnout  was  60  to  65  percent. 
Discrepancies  in  a  few  districts  were  serious  enough  to  require  the  Government  to 
rerun  the  parliamentary  elections  in  these  areas,  and  in  a  couple  of  more  remote 
regions  elections  were  delayed  because  not  all  the  materials  were  delivered  in  time. 
The  Democrats,  who  protested  that  they  were  not  able  to  campaign  freely  in  the 
south,  initially  called  for  a  repeat  of  the  elections  in  that  half  of  the  country.  They 
later  accepted  the  results  ana  their  role  as  an  opposition  party,  but  delayed  their 
.entry  into  Parliament  and  have  continued  to  call  the  new  Parliament  a  "Kalash- 
nOtov  Parliament." 

The  Albanian  Helsinki  Committee  (AHC),  International  Helsinki  Federation, 
Human  Rights  Watch/Helsinki,  and  the  Norwegian  Helsinki  Committee  issued  a 
joint  public  statement  declaring  that  "considering  the  conditions  surrounding  the 
elections,"  they  judged  them  "in  general,  as  free  and  fair." 

'The  Socialist  Party  won  100  seats  out  of  155  in  the  Parliament,  with  another  11 
seats  going  to  its  allied  parties.  President  Sali  Berisha  resigned  July  23.  The  new 
Parliament  elected  I^  Secretary  General  Rexhep  Meidani  as  president  on  July  24. 
PS  Chairman  Fatos  Nano  became  the  new  Prime  Minister  on  July  27. 

In  1992  Parliament  amended  the  old  law  on  political  parties;  the  amendment  pro- 
hibits formation  of  any  party  or  organization  with  an  antinational,  chauvinistic,  rac- 
ist, totalitarian,  fascist,  Stalinist,  Enverist  or  Communist,  and/or  Marxist-Leninist 
character,  or  any  political  party  with  an  ethnic  or  religious  basis. 

The  Unity  for  Human  Rights  Party,  founded  by  ethnic  Greeks,  but  representing 
several  ethnic  minorities,  is  most  popular  in  the  south  where  the  majority  of  the 
Greek  minority  resides.  The  courts  approved  in  April  the  organization  of  one  new 
political  party,  the  Movement  for  Democracy  Party  (LPD)  which  was  created  by  dis- 


948 

affected  Democratic  Party  members.  Courts  did  not  approve  an  application  by  an 
"immigration  party,"  citing  lack  of  documentation. 

While  there  are  no  legal  impediments  to  their  participation,  women  are  still 
underrepresented  in  politics  and  government.  The  major  political  parties  have  wom- 
en's organizations  and  there  are  a  few  women  on  the  parties'  leadership  committees. 
As  a  result  of  the  1997  elections,  there  are  10  female  M.P.'s,  one  of  whom  is  deputy 
speaker  of  the  Parliament.  In  the  Nano  Government  one  minister  of  state,  one  min- 
ister, and  two  deputy  ministers  are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Government  generally  permitted  various  human  rights  and  related  organiza- 
tions to  function  freely,  altnou^  all  were  severely  limited  during  the  first  naif  of 
the  year  when  it  was  too  dangerous  to  travel  in  many  parts  of  the  country.  The  Al- 
banian Helsinki  Committee  (AilC)  played  an  active  role  in  monitoring  the  crisis  sit- 
uation and  elections.  The  AHC  focuses  on  the  status  of  minorities,  rule  of  law  is- 
sues, and  the  importance  of  a  new  constitution.  It  is  still  pressing  for  a  new  law 
on  the  organization  of  SHIK.  Several  local  NGO's  focus  on  the  rights  of  women  and 
children.  The  Albanian  Human  Rights  Documentation  Center  continues  to  actively 
prepare  human  rights  educational  materials  for  use  in  elementary  and  secondary 
schools,  as  well  as  to  train  police.  Like  all  local  NGO's,  the  Center's  work  is  ham- 
pered by  a  lack  of  sufiicient  funding  and  equipment.  The  Society  for  Democratic  Cul- 
ture works  with  civic  education,  monitoring  elections,  and  women's  issues. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Law  on  Major  Constitutional  Provisions  prohibits  discrimination  based  on 
sex,  race,  ethnicity,  language,  or  religion,  but  women  and  some  minority  groups 
complain  that,  in  practice,  discrimination  continues. 

Women. — Violence  against  women  and  spousal  abuse  still  occur  in  this  traditional 
male-dominated  society,  but  the  breakdown  in  police  controls,  coupled  with  the  low 
level  of  concern  that  pwlice  showed  in  such  cases  in  the  past,  means  that  most  abuse 

foes  unreported.  No  government-sponsored  program  protects  the  rights  of  women, 
ut  one  small  shelter  for  abused  women  is  found  in  Tirana.  The  shelter  consists  of 
a  small  room  that  can  hold  only  one  or  two  women  for  a  limited  time.  The  NGO 
that  operates  the  shelter  maintains  a  hot-line  that  women  and  girls  can  call  for  ad- 
vice and  counseling.  Over  1,500  calls  were  received  since  October. 

Many  men,  especially  those  from  the  north,  still  follow  the  old  traditions,  known 
as  the  kanun,  in  which  the  women  are  considered  chattel  and  treated  as  such.  The 
concept  of  marital  rape  is  still  foreign  to  many  and  is  not  considered  a  crime.  In 
1996  1,901  cases  of  divorce  were  recorded  in  the  courts;  in  the  first  half  of  1997, 
even  with  the  unrest,  there  were  1,116  cases.  Women  and  girls  continue  to  be  lured 
into  prostitution  rings,  especially  in  Greece  and  Italy. 

Women  are  not  excluded,  either  by  law  or  practice,  from  any  occupations,  but  nei- 
ther do  they  typically  rise  to  the  top  of  their  fields.  The  Labor  Code  mandates  equal 
pay  for  equal  work;  however,  no  data  are  available  on  how  well  this  is  implemented 
in  practice.  Women  have  suffered  more  from  unemployment  and  discrimination  in 
seeking  jobs.  Although  women  enjoy  equal  access  to  higher  education,  they  are  not 
accordea  full,  equal  opportunity  and  treatment  with  men  in  their  careers.  An  in- 
creeising  number  of  women  are  beginning  to  venture  out  on  their  own,  opening  shops 
and  small  businesses.  Many  are  migrating  along  with  Albanian  men  to  Greece  and. 
Italy  to  seek  employment. 

A  number  of  NGO's  are  devoted  to  women's  issues.  However,  seminars,  training 
courses,  and  counseling  for  women  were  on  hold  during  the  period  of  unrest.  Groups 
are  now  attempting  to  restart  or  restructure  previous  programs.  International  foun- 
dations and  NGO's  give  much-  needed  financial  support  to  women's  NGO's. 

Children. — The  Government's  commitment  to  children's  rights  and  welfare  is 
based  on  domestic  law  and  international  agreements.  School  attendance  is  manda- 
tory throu^  the  eighth  grade  (or  age  18,  whichever  comes  first).  Schools  were 
closed  during  the  state  of  emergency  and  reopened  in  some  areas  only  at  the  end 
of  April.  All  schools  opened  in  September,  although  many  suffered  from  either  total 
destruction  or  severe  damage  and  looting  estimated  at  $35  million  (5.25  billion  Lek). 

There  was  also  a  problem  with  squatters  in  some  school  buildings  as  police  were 
unable  to  remove  them,  but  the  squatters  left  when  pupils  came  back  to  school. 

Child  abuse  is  a  little-reported  problem,  but  authorities  and  NGO's  believe  it  ex- 
ists. According  to  numerous  reports,  organized  criminal  elements  kidnap  children, 
especially  young  girls,  and  send  them  to  Italy  and  elsewhere  to  work  as  beggars  and 
prostitutes.  Romani  children  particularly  are  used  as  beggars,  in  full  view  oT  the  po- 


949 

lice,  who  take  no  action  either  for  the  children  or  against  the  adults  who  use  them. 
Child  Hope,  an  NGO  funded  by  the  European  Union,  operates  a  center  for  street 
children. 

People  With  Disabilities. — Widespread  poverty  and  poor  medical  care  account  for 
a  large  number  of  disabled  persons.  The  disabled  are  eligible  for  various  forms  of 
public  assistance,  but  budgetary  constraints  limit  the  amount  received.  The  public 
care  section  of  the  Ministry  of  Labor,  Social  Affairs,  and  Women  organized  social 
service  administrators  throughout  the  country  whose  goal  is  to  improve  the  quality 
of  services  to  disabled  persons  and  promote  their  social  integration.  With  the  three 
changes  in  government  during  the  year,  there  were  no  new  measures  to  address  the 
problems  of  the  handicapped.  No  law  mandates  accessibility  to  public  buildings  for 
people  with  disabilities  and  little  has  been  done  on  their  behalf. 

National  / Racial  / Ethnic  Minorities. — There  are  two  main  minority  populations, 
ethnic  Greeks  and  Macedonians.  While  no  recent  official  statistics  exist  regarding 
the  size  of  the  various  ethnic  communities,  ethnic  Greeks  are  the  most  organized 
and  receive  the  most  attention  and  assistance  from  abroad.  Unknown  numbers  of 
ethnic  minorities  fled  the  country  during  the  extensive  rioting  and  unrest  in  the 
first  half  of  the  year.  A  few  thousand  ethnic  Macedonians  remain  as  do  a  small 
group  of  ethnic  Montenegrins  and  ethnic  Serbs  in  the  north.  No  discrimination  was 
reported  against  the  Vlachs,  who  speak  Romanian  as  well  as  Albanian,  or  against 
the  Cams,  non-Orthodox  ethnic  Greeks.  Both  groups  live  mainly  in  the  south.  Roma 
are  also  present. 

Relations  between  Albania  and  Greece  continued  to  improve  and  in  1997  the  two 
Governments  brought  into  force  the  1996  agreement  on  Albanian  seasonal  workers 
in  Greece.  The  government  in  1996  opened  three  new  first-year  classes  in  Greek  in 
the  southern  cities  of  Saranda,  Gjirokastra,  and  Delvina  when  the  school  year  start- 
ed. Classes  for  the  Greek  minority  are  held  in  villages  throughout  those  districts 
and  two  villages  in  the  Permeti  district  as  well.  Classes  are  also  available  for  the 
Macedonian  minority  in  villages  in  the  districts  of  Pogradeci  and  DevoUi  bordering 
the  FYROM.  These  classes  also  ceased  when  Albania's  schools  were  closed  under  the 
state  of  emergency,  but  resumed  in  September. 

Schools  throughout  the  country  suffered  severe  damage  and  looting  during  the  un- 
rest, and  the  Education  Ministry  plans  new  programs  and  texts  (provided  free  of 
charge  to  the  Government  from  Greece  and  the  Former  Yugoslav  Republic  of  Mac- 
edonia (FYROM)  and  teacher  training  (mainly  in  Greece  and  the  FYROM)  for  mi- 
nority education  classes.  The  Greek  and  FYROM  Governments  provide  texts  in  their 
national  language  for  use  in  these  classes.  Without  their  contributions,  the  minority- 
language  classes  would  probably  be  conducted  entirely  in  Albanian  using  Albanian 
texts,  defeating  the  purpose  of  minority-language  education.  These  classes  are  gen- 
erally conducted  one-third  of  the  time  in  Albanian.  The  Government  introduced 
classes  in  Greek  in  high  schools  in  areas  inhabited  by  ethnic  Greeks.  There  is  a 
shortage  of  minority  teachers.  Many  fled  during  the  disturbances,  and  Education 
Ministry  officials  believe  that  many  of  these  teachers  prefer  to  stay  in  Greece  or  the 
FYROM  due  to  the  better  wages  and  work  conditions  there. 

The  Education  Ministry,  in  cooperation  with  the  Soros  Foundation,  plans  to  build 
four  new  schools  for  minorities  and  to  reconstruct  some  others. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  obtained  the  right  to  establish  independent 
trade  unions  in  1990.  The  1993  Labor  Code  calls  for  protecting  workers  rights 
through  collective  bargaining  agreements.  The  Independent  Confederation  of  Trade 
Unions  of  Albania  (BSPSH),  with  an  estimated  280,000  members,  acts  as  an  um- 
brella organization.  A  separate  Confederation  of  Trade  Unions  (KS)  also  represents 
a  separate  group  of  other  unions  (i.e.,  some  workers  in  the  school,  food,  petroleum, 
postal  and  telecommunications,  and  railroad  sectors),  and  estimates  its  membership 
at  130,000  to  150,(X)0.  A  few  independent  unions  are  not  affiliated  with  either  fed- 
eration. None  of  the  unions  claim  any  political  party  affiliation.  The  private  sector 
normally  employs  more  than  800,000  workers,  mostly  in  agriculture,  small  shops, 
enterprises,  and  restaurants,  but  very  few  have  formed  unions  to  represent  them- 
selves. The  BSPSH  and  KS  are  attempting  to  get  more  accurate  numbers  on  the 
private  sector  employment  and  determine  how  jointly  to  strengthen  worker  rights 
m  all  sectors.  For  example,  in  September,  health  workers  in  both  unions  signed  an 
agreement  to  worii  together  on  issues  and  not  to  act  as  strike  breakers  against  each 
otner.  The  government  gives  the  unions  no  financial  assistance. 

According  to  the  Law  on  Major  Constitutional  Provisions  and  other  legislation,  all 
workers,  except  members  of  uniformed  military  forces,  the  police,  and  some  court 
authorities,  have  the  right  to  strike.  The  law  forbids  strikes  that  are  openly  declared 
to  be  political,  or  so  judged  by  the  courts. 


950 

Miners  in  the  south  and  some  employees  at  the  Port  of  Durres  went  on  strike  de- 
manding higher  salaries  for  a  couple  of  days  after  the  20  percent  value  added  tax 
went  into  enect  October  1.  There  were  no  incidents  during  the  strikes. 

Labor's  major  problem  is  rapidly  increasing  unemployment,  a  critical  problem 
made  worse  with  the  number  of  enterprises  damaged  or  destroyed  during  the  rioting 
and  chaos  in  the  first  half  of  the  year.  Union  omcers  estimate  that  overall  unem- 
ployment is  about  35  percent,  with  figures  reaching  as  high  as  60  to  70  percent  in 
more  remote  regions.  Current  retirement  pensions  in  the  villages  are  around  $7 
(1,050  Lek)  per  month  and  approximately  $20  (3,000  Lek)  per  month  in  the  cities. 
The  average  family  may  spend  $20-25  (3,000  to  3,750  Lek)  per  month  on  bread, 
which  remains  the  diet  staple. 

Labor  federations  are  free  to  maintain  ties  with  international  organizations  and 
have  worked  to  increase  those  ties  to  get  assistance  in  any  form  tney  can.  Union 
officials  cited  the  recovery  of  workers'  money  lost  in  the  pyramid  scheme  collapse 
as  their  first  priority,  along  with  reestablishment  of  public  order  and  safety.  Unions 
hoped  to  meet  with  Prime  Minister  Nano  and  other  appropriate  government  ofiicials 
to  discuss  training,  employment,  rebuilding  the  industrial  sector,  salaries,  pensions, 
and  other  relevant  issues.  At  year's  end,  tne  Nano  Government  had  made  no  com- 
ment and  taken  no  actions  regarding  workers  or  the  unemployed.  President 
Meidani's  office  sent  the  BSPSH  a  questionnaire  to  fill  out  and  union  officials  hope 
to  meet  with  the  President  after  they  send  it  in  early  in  1998. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Citizens  in  all  fields  of  em- 
ployment, except  uniiormed  members  of  the  armed  forces,  police  officers,  and  some 
court  employees,  have  the  right  to  organize  and  bargain  collectively.  In  practice 
unions  representing  public  sector  employees  negotiate  directly  with  the  government, 
but  unions  complain  that  government  officials  from  none  of  the  three  governments 
in  power  during  the  year  were  willing  to  sit  down  with  them  to  discuss  outstanding 
issues.  Privatization  expanded  to  include  many  sectors  in  1996,  but  slowed  consider- 
ably in  1997  with  the  year's  economic  and  political  instability.  The  privatization 
ministry  never  effectively  functioned  during  the  second  Meksi  government,  was  dis- 
banded under  the  national  reconciliation  government,  and  was  then  resuscitated  in 
Aiigust  under  the  title  of  Ministry  of  Public  Economy  and  Privatization. 

Salaries  in  the  state  sector  are  based  on  a  prepared  wage  scale.  Pensions  are  reg- 
ulated under  a  1993  law  on  social  security,  which  union  officials  would  like  to  see 
amended  and  updated.  There  is  no  official  record  of  salaries  in  the  private  sector, 
but  it  is  widely  believed  that  they  are  much  higher  than  state  sector  wages. 

In  1996  the  BSF^H  agreed  with  the  Meksi  government  to  index  workers'  salaries 
to  inflation  every  6  montns,  starting  in  January.  None  of  the  country's  three  govern- 
ments honored  this  agreement.  Union  officials  sav  that  Prime  Minister  Nano  stated 
that  he  expected  inflation  to  hit  50  percent  by  the  end  of  the  year,  but  nothing  in 
his  new  government's  program  dealt  with  how  workers  might  be  compensated  for 
or  protected  from  such  increases  in  inflation. 

Parliament  passed  a  law  in  1996  establishing  free  trade  zones  between  Tirana 
and  Durres  and  elsewhere.  The  plan  is  for  the  areas  to  become  export  processing 
zones,  but  the  zones  still  do  not  function  due  to  the  lack  of  implementing  regula- 
tions. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Law  on  Major  Constitutional 
Provisions  and  the  Labor  Code  prohibit  forced  labor,  including  that  performed  by 
children,  and  there  were  no  cases  reported. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The 
Labor  Code  sets  the  minimum  age  of  employment  at  16  years  and  limits  the  amount 
and  type  of  labor  that  can  be  performed  by  persons  under  age  18,  but  children  ages 
14  to  16  may  work  in  part-time  menial  jobs  during  summer  vacations. 

The  Labor  Ministry  may  enforce  the  minimum  age  requirement  through  the 
courts.  In  rural  areas,  children  continue  to  be  called  on  to  assist  families  in  farm 
work.  The  law  prohibits  forced  or  bonded  labor  involving  children,  and  there  is  no 
evidence  that  it  occurs.  In  Tirana  a  number  of  children  wander  the  streets  selling 
cigarettes  and  chocolates. 

e.  Acceptable  Conditions  of  Work. — The  minimum  wage  for  all  workers  over  age 
16  is  approximately  $30  per  month  (4,400  Lek),  a  decline  from  1996  due  to  nearKr 
50  percent  depreciation  oi  the  Lek.  This  is  not  sufficient  to  maintain  a  decent  stand- 
ard of  living,  especially  for  workers  with  a  family.  In  the  past,  workers  tried  to  find 
second  or  part-time  jobs  to  supplement  their  incomes,  or  relied  on  remittances  from 
family  members  residing  abroad  or  proceeds  from  the  pyramid  schemes.  Such  jobs 
have  become  more  difficult  to  find,  and  unemployment  is  growing.  The  law  provides 
for  social  assistance  (income  support)  and  unemployment  compensation;  however, 
this  is  extremely  hmited,  both  in  the  numbers  of  unemployed  who  receive  such  aid 
and  in  the  amounts  that  they  receive.  The  average  monthly  wage  for  workers  in  the 


951 

public  sector  is  approximately  $58  (8,638  Lek),  significantly  lower  than  the  1996  av- 
erage of  approximately  $100,  again  due  to  the  drop  in  the  Lek's  value.  No  data  are 
available  for  private  sector  wages,  but  the  average  wage  is  still  assumed  to  be  con- 
siderably higher  than  in  the  public  sector. 

Working  hours  are  determined  by  collective  and  individual  bargaining  contracts, 
but  the  legal  maximum  limit  is  48  hours  per  week.  Many  workers  normally  work 
6  days  a  week;  the  Council  of  Ministers  must  approve  exceptions.  The  Labor  Min- 
istry enforces  this  law  whenever  possible. 

Tne  government  sets  occupational  health  and  safety  standards  but  has  limited 
funds  to  make  improvements  in  the  remaining  state-owned  industries,  and  health 
and  safety  are  generally  very  poor.  The  unions  are  attempting  to  include  health  pro- 
tection and  safety  standards  in  collective  bargaining  contracts,  but  even  if  they  suc- 
cessfully negotiate  terms,  implementation  is  difficult.  The  Labor  Code  spells  out  ob- 
ligations of  employers  and  their  employees  regarding  workplace  safety.  The  law, 
however,  does  not  provide  specific  protection  to  workers  who  choose  to  leave  the 
workplace  for  fear  of  hazardous  conditions. 


ANDORRA 

The  Principality  of  Andorra  became  a  parliamentary  democracy  in  1993  when  its 
Constitution  was  approved  by  popular  referendum.  Two  princes  with  joint  authority 
representing  secular  and  religious  authorities  have  governed  since  1278.  Under  the 
constitution,  the  two  princes — the  President  of  France  and  the  Spanish  Bishop  of 
Sue  D'urgell — serve  equally  as  heads  of  state  and  are  each  represented  in  Andorra 
by  a  delegate.  Elections  were  held  in  February  to  choose  members  of  the  Consell 
General  (the  Parliament),  which  selects  the  head  of  government.  The  judiciary  func- 
tions independently. 

Andorra  has  no  defense  force.  The  national  police,  under  efTective  civilian  control, 
have  sole  responsibility  for  internal  security. 

The  market-based  economy  is  dependent  on  those  of  its  neighbors  France  and 
Spain.  With  creation  of  the  European  Union  internal  market,  Andorra  lost  its  privi- 
leged duty-free  status  and  is  suffering  an  economic  recession.  Tourism  is  still  an  im- 
portant source  of  income.  Because  of  banking  secrecy  laws,  the  financial  services 
sector  is  growing  in  importance. 

The  Government  respected  the  human  rights  of  its  citizens,  and  the  law  and  the 
judiciary  provide  effective  means  of  dealing  with  instances  of  abuse. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices,  and  there  were  no  reports  that  officials 
employed  them. 

Prison  conditions  meet  minimum  international  standards,  and  the  Government 
permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention,  or  exile,  and  the  Government  observes  this  prohibition. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice. 

The  highest  judicial  body  is  the  five-member  Superior  Council  of  Justice.  One 
member  each  is  appointed  by:  the  two  princes;  the  Head  of  Government;  the  Presi- 
dent of  the  Parliament;  and,  collectively,  members  of  the  lower  courts.  Members  of 
the  judiciary  are  appointed  for  6-year  terms. 

The  judiciary  provided  citizens  with  a  fair  and  efficient  judicial  process. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  citizens  with  safeguards  against  arbitrary  interference  with 
their  "privacy,  honor,  and  reputation,"  and  government  authorities  generally  respect 
these  prohibitions.  Private  dwellings  are  considered  inviolable.  No  searches  of  pri- 
vate premises  may  be  conducted  without  a  judicially  issued  warrant.  Private  com- 
munications also  are  protected  by  law. 


952 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  the  Government  respects  these  rights  in  practice.  An  independ- 
ent press,  an  effective  judiciary,  and  a  mnctioning  democratic  poHtical  system  com- 
bine to  ensure  freedom  of  speech  and  the  press,  including  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice.  Since  adoption  of  the 
1993  constitution,  the  Government  has  registered  seven  poUtical  parties. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  The  Constitution  acknowlec^es  a  special 
relationship  between  the  Roman  Catholic  Church  and  the  State,  "in  accordance  with 
Andorran  tradition."  The  Catholic  Church  receives  no  subsidies  from  the  Govern- 
ment. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice.  The  Government  cooperates  with  the  United  Nations  High 
Commissioner  for  Refugees  and  other  humanitarian  organizations  in  assisting  refu- 
gees. It  is  government  policy  not  to  expel  persons  having  valid  claims  to  refugee  sta- 
tus, and  there  were  no  reports  of  such  expulsions.  The  issue  of  first  asylum  did  not 
arise  during  the  year. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage. 

Women  have  enjoyed  full  suffrage  since  1970.  Progress  has  been  made,  but 
women  continue  to  play  a  relatively  minor  role  in  politics.  Notwithstanding  the  ab- 
sence of  formal  barriers,  few  women  have  run  for  ofTice.  Only  1  of  28  members  of 
Parliament  is  a  woman,  and  only  2  women  occupy  cabinet  level  positions.  Prior  to 
the  current  administration,  only  2  women  held  elective  ofTice. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
While  there  are  no  restrictions  to  prevent  their  formation,  no  formal  human  rights 
organizations  operate  in  the  principality. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  declares  that  all  persons  are  equal  before-  the  law  and  prohibits 
discrimination  on  grounds  of  birth,  race,  sex,  origin,  religion,  opinions,  or  any  other 
personal  or  social  condition,  although  the  law  grants  many  rights  and  privileges  ex- 
clusively to  citizens.  The  Government  effectively  enforces  these  provisions. 

Women. — No  data  exist  on  the  incidence  of  domestic  violence,  but  spousal  abuse 
appears  to  be  virtually  nonexistent.  No  hot  lines  or  shelters  exist. 

There  is  no  legal  discrimination  against  women,  either  privately  or  professionally. 

Children. — There  is  no  evidence  of  any  special  commitment  by  the  Government 
to  children's  rights  and  welfare,  although  there  is  no  indication  of  any  problem  in 
this  area.  Free  public  education  begins  at  age  4;  government-funded  child  care  is 
not  provided.  No  special  programs  for  children's  health  care  are  offered. 

There  is  no  societal  pattern  of  abuse  of  children. 

People  With  Disabilities. — There  is  no  discrimination  against  disabled  persons  in 
employment,  education,  or  in  the  provision  of  other  state  services.  The  law  man- 
dates access  to  new  buildings  for  people  with  disabilities,  and  the  Government  en- 
forces these  provisions  in  practice. 

National  / Racial  / Ethnic  Minorities. — Spanish  nationals  are  the  largest  group  of 
foreign  residents,  accounting  for  47  percent  of  the  population.  Other  sizable  foreign 
groups  are  Portuguese,  French,  and  British.  A  small  number  of  North  African  and 
African  immigrants  work  mostly  in  agriculture  and  constiuction. 

Although  the  Constitution  states  that  legal  residents  enjoy  the  same  rights  and 
freedoms  as  Andorran  citizens,  some  immigrant  workers  do  not  believe  that  they 
have  the  same  rights  and  security.  Recent  legislation  has  improved  the  quality  of 
life  for  immigrant  workers.  Nevertheless,  many  immigrant  workers  hold  only  "tem- 
porary work  authorizations."  These  permits  are  valid  only  as  long  as  the  job  for 
which  the  permit  was  obtained  exists.  When  job  contracts  expire,  temporary  workers 
must  leave  the  country.  The  Government  prohibits  the  issuance  of  work  permits  un- 
less the  workers  can  demonstrate  that  they  have  a  fixed  address  with  minimally 
satisfactory  living  conditions. 


953 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  recognizes  the  right  of  all  persons 
to  form  and  maintain  managerial,  professional,  and  trade  union  associations  with- 
out prejudice.  In  accordance  with  constitutional  provisions,  a  registry  of  associations 
was  established  in  199S  and  is  being  maintained.  Strikes  were  illegal  under  the  old 
system,  and  the  new  Constitution  does  not  state  explicitly  that  strikes  are  per- 
mitted. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  states  that 
both  "workers  and  employers  have  the  right  to  defend  their  own  economic  and  social 
interests."  Parliament  is  charged  with  adopting  legislation  to  regulate  this  right  in 
order  to  guarantee  the  provision  of  essential  services.  Antiunion  discrimination  is 
not  prohibited  under  current  law.  However,  no  trade  unions  have  been  formally  es- 
tabhshed. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  labor,  including  that  per- 
formed by  children,  is  not  specifically  prohibited  by  law,  but  it  does  not  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Children 
under  the  age  of  18  are  normally  prohibited  from  working,  although  in  exceptional 
circumstances  children  ages  16  and  17  may  be  allowed  to  work.  Child  labor  regula- 
tions are  enforced  by  the  Labor  Inspection  Office  in  the  Ministry  of  Social  Welfare, 
Public  Health,  and  Labor.  Forced  and  bonded  labor  by  children  is  not  specifically 
prohibited,  but  there  were  no  reports  of  its  practice  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  workweek  is  limited  to  40  hours,  although 
longer  hours  may  be  required.  The  legal  maximums  for  overtime  hours  are  66  hours 
per  month  and  426  hours  per  year.  An  ofTicial  minimum  wage  is  set  by  government 
regulations.  Other,  hi^er  wages  are  established  by  contract.  The  minimum  wage 
is  approximately  $4.50  (Ptas  600)  per  hour  and  it  is  enforced  by  the  Labor  Inspec- 
tion Office.  Workers  can  be  dismissed  with  15  days'  to  6  months'  notice  depending 
on  how  long  they  have  been  working  for  the  company.  A  minimal  indemnification 
of  1  month's  salary  per  year  worked  is  paid  if  a  worker  is  fired  without  justification. 

A  dismissed  worker  receives  social  security  and  health  benefits  for  only  25  days; 
thereafter,  there  is  no  unemployment  insurance.  Retirement  benefits  are  controlled 
by  a  board  composed  of  Andorran  nationals,  although  they  represent  only  a  small 
portion  of  the  work  force.  Labor  complaints  are  heard  by  the  Labor  Inspection  Serv- 
ice. 

The  Labor  Inspection  Service  sets  occupational  health  and  safety  standards  and 
takes  the  necessary  steps  to  see  that  they  are  enforced.  The  law  authorizes  employ- 
ees to  refuse  certain  tasks  if  the  customary  level  of  protection  is  not  provided  by 
their  employers. 


ARMENIA 

Armenia  has  a  constitutional  government  in  which  the  President  has  extensive 
powers  of  appointment  and  decree,  and  the  role  of  the  legislature  relative  to  the  ex- 
ecutive branch  is  severely  circumscribed.  The  President  appoints  the  Prime  Min- 
ister, who  is  in  charge  of  the  Cabinet.  President  Levon  Ter-Petrossian  was  reelected 
in  a  controversial  multicandidate  election  in  September  1996,  which  was  flawed  by 
numerous  irregularities  and  serious  breaches  of  the  election  law.  A  transitional  Na- 
tional Assembly  in  which  ruling  Armenian  National  Movement  (ANM)  members  and 
their  allies  won  about  88  percent  of  the  seats  was  elected  in  July  1995;  local  and 
international  observers  characterized  these  elections  as  "generally  free  but  not  fair." 
To  protest  the  presidential  elections,  a  number  of  opposition  parties  continue  to  boy- 
cott parliamentary  sessions.  Both  the  Government  and  the  legislature  can  propose 
legislation.  The  legislature  approves  new  laws  and  can  remove  the  prime  minister 
by  a  vote  of  no  confidence.  Elections  for  a  new  National  Assembly  are  scheduled  for 
1999.  The  Constitution  provides  for  an  independent  judiciary;  however,  in  practice 
judges  are  subject  to  political  pressure  from  tne  executive  branch. 

The  Ministiy  of  Internal  Affairs  and  National  Security  is  responsible  for  domestic 
security,  intelligence  activities,  border  control,  and  the  national  police  force.  Over- 
sight of  the  security  services  improved  after  the  merger  of  the  Interior  Ministry  with 
the  National  Security  Ministry,  but  members  of  the  security  forces  committed  seri- 
ous human  ri^ts  abuses. 

The  transition  from  a  centralized,  controlled  economy  to  a  market  economy  contin- 
ues to  move  forward.  Industrial  output  remains  low,  leaving  over  50  percent  of  the 
population  unemployed  or  underemployed,  with  a  high  degree  of  income  inequality. 
Most  small  and  medium  enterprises  have  been  privatized,  as  has  most  agricultural 


954 

land.  About  one-third  of  permanent  land  titles  had  been  issued  by  the  end  of  the 
year.  Gains  in  the  privatized  trade,  service,  and  agriculture  sectors  generated  an  ap- 
proximately 3  percent  increase  in  gross  domestic  product  (GDP)  in  1997,  to  about 
$550  per  capita.  However,  inflation  rose  to  about  21.9  percent  for  the  year.  Foreign 
assistance  and  remittances  from  Armenians  abroad  play  a  major  role  in  sustaining 
the  economy. 

The  Constitution  provides  for  broad  human  rights  protections,  but  human  rights 
problems  persist  in  several  important  areas.  The  Government's  manipulation  oi  the 
1996  presidential  election  continued  to  restrict  citizen's  ability  to  change  their  gov- 
ernment. Members  of  the  security  forces  made  arbitrary  arrests  and  detentions 
without  warrants,  beat  detainees  during  arrest  and  interrogation,  and  did  not  re- 
spect constitutional  guarantees  regarding  privacy  and  due  process.  At  least  two 
cases  of  police  abuse  resulting  in  death  occurred;  adequate  institutional  mechanisms 
do  not  exist  to  protect  individuals  from  police  abuse.  Prison  conditions  remained 
poor.  The  judiciary  is  subject  to  political  pressure  and  does  not  enforce  constitu- 
tional protections  effectively.  Opposition  groups  charged  that  defendants  in  three 
major  criminal  cases  were  political  prisoners.  The  Government  continued  to  place 
some  restrictions  on  freedom  of  the  press  and  maintains  the  dominant  role  in  na- 
tionwide television  and  radio  broadcasting.  A  semiofficial  list  of  forbidden  subjects 
encourages  some  media  self-censorship.  However,  the  nongovernmental  media  often 
criticize  the  country's  leadership  and  policies.  Local  independent  television  and 
newspapers,  along  with  private  radio  stations,  continued  to  multiply.  The  Govern- 
ment maintains  some  Umits  on  freedom  of  association.  A  previously  suspended 
prominent  political  party,  the  Armenian  Revolutionary  Federation  (ARF/Dashnaks), 
was  not  reinstated,  although  the  authorities  tolerated  its  activities,  restored  its  of- 
fices, and  permitted  publication  of  a  Dashnak  newspaper.  The  legislature  called  into 
question  its  commitment  to  constitutional  provisions  for  freedom  of  religion,  by 
amending  the  law  on  freedom  of  conscience  to  further  strengthen  the  role  of  the  Ar- 
menian Apostolic  Church  and  create  new  barriers  to  other  denominations.  The  Gov- 
ernment places  some  restrictions  on  freedom  of  movement.  Discrimination  against 
women,  minorities,  and  the  disabled  remained  a  problem. 

Efforts  began  in  October  to  train  current  and  prospective  judges  and  prosecutors 
on  the  draft  civil  and  criminal  law  codes,  scheduled  for  passage  in  1998. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings  There  were  a  number  of  deaths  of  military  servicemen 
reportedly  due  to  mistreatment  (see  Section  I.e.).  There  were  a  number  of  deaths 
in  custody  due  to  poor  prison  conditions  and  inadequate  medical  treatment  (see  Sec- 
tion I.e.). 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  and  the  law  prohibit  torture.  However,  the  practice  of  security  per- 
sonnel beating  pretrial  detainees  during  arrest  and  interrogation  remains  a  routine 
part  of  criminal  investigations.  Most  cases  of  police  brutality  go  unreported.  Pros- 
ecutors rely  on  confessions  to  secure  convictions.  Although  defense  lawyers  may 
present  evidence  of  torture  in  an  effort  to  overturn  improperly  obtained  confessions, 
and  according  to  law  all  such  charges  must  be  investigated,  judges  and  prosecutors 
routinely  ignore  such  complaints  even  when  the  abuser  can  be  identified.  No  one 
has  been  charged  or  disciplined  for  the  beatings  of  opposition  figures  following  the 
September  1996  postelection  disturbances. 

The  Government  has  not  conducted  investigations  of  abuse  by  security  services 
except  in  rare  cases  where  death  has  resulted.  A  death  in  police  custody,  in  Gyumri 
in  August,  alleged  by  police  to  be  a  suicide,  prompted  intensified  press  and  human 
rights  group  criticism  of  mistreatment  of  detainees.  Photographic  evidence  showed 
that  the  detainee  had  been  seriously  beaten.  In  September  four  police  officers  were 
arrested  for  abuse  of  authority  in  connection  with  that  death.  In  November  the 
Prosecutor  held  a  press  conference  to  publicize  the  ongoing  investigation,  but  the 
trial  had  not  begun  by  year's  end.  Investigation  of  a  second  death  in  custody  in 
April  at  Yerevan's  Knorhrdayin  police  station  was  closed  without  prosecution. 
Charges  against  five  police  officers  for  a  1993  death,  a  case  repeatedly  remanded 
for  investigation  by  the  Supreme  Court,  will  once  again  be  taken  up  in  1998,  accord- 
ing to  the  Prosecutor  General. 

The  press  also  reported  on  a  number  of  deaths  of  military  servicemen,  ofTicially 
reported  as  accidents  or  suicide,  where  forensic  evidence  obtained  by  the  families 
suggested  mistreatment  or  possible  murder.  The  Ministry  of  Defense  responded  that 


955 

these  human  ri^ts  group  charges  were  baseless.  The  military  does  not  provide  in- 
formation on  peacetime  deaths  of  servicemen,  but  a  human  rights  group  alleged  that 
as  many  as  one  soldier  a  day  died  in  1997  of  noncombat  causes. 

In  July  members  of  a  local  "Yerkrapah"  group  (an  armed  veteran's  militia  that 
is  part  of  the  Defense  Ministry  implicated  in  1995  and  1996  human  rights  viola- 
tions) broke  into  a  human  rights  library  in  Vanadzor  and  removed  the  contents  (see 
Section  l.f.). 

Prison  conditions  are  poor.  Facilities  are  often  overcrowded,  and  food  is  inad- 
equate to  preserve  health  unless  supplemented  by  families.  Medical  and  sanitary  fa- 
cilities in  prisons  are  inadequate.  Tuberculosis  and  other  communicable  diseases  are 
common  with  eight  deaths  from  tuberculosis  officially  reported  in  the  first  half  of 
the  year.  The  Government's  judicial  reform  package  under  debate  in  the  lemslature 
at  year's  end  included  a  provision  to  transfer  responsibility  for  prisons  to  the  Min- 
istry of  Justice  from  the  Ministry  of  Internal  and  National  Security  Affairs  in  1998, 
with  a  goal  of  improved  oversight. 

The  International  Committee  of  the  Red  Cross  (ICRC)  enjoyed  unimpeded  access 
to  detention  facilities  run  by  the  Ministir  of  Interior  and  National  Security,  a  sig- 
nificant improvement  over  1996.  The  ICRC  continued  to  visit  all  the  prisoners  in- 
volved in  the  "Dro,"  "31,"  and  "September  25"  trials  (see  Section  I.e.). 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Authorities  continued  to  arrest  and  de- 
tain criminal  suspects  without  legal  warrants,  often  on  the  pretext  of  being  a  mate- 
rial witness.  Those  arrested  are  irequently  broudit  to  prison  without  notification  of 
family  members.  It  is  often  several  days  before  family  members  obtain  information 
as  to  whether  someone  has  been  arrested  and  their  location.  Access  of  lawyers  and 
family  members  to  prisoners  is  often  restricted  until  the  preliminary  investigation 
phase  is  complete,  a  process  that  can  last  weeks. 

There  was  no  repetition  in  1997  of  the  massive  violations  of  constitutional  safe- 
guards which  followed  the  September  1996  elections.  At  that  time,  many  opposition 
politicians  or  activists  were  aetained  and  seriously  beaten.  Most  were  released  in 
the  following  weeks.  Of  16  individuals  held  into  1997  for  "participation  in  mass  dis- 
order," several  were  administratively  released.  No  charges  are  pending  against 
those  released.  Another  11  were  tried,  convicted,  and  released  with  suspended  sen- 
tences during  the  course  of  the  year. 

The  transitional  provisions  of  the  Constitution  provide  that  the  Soviet-era  proce- 
dures for  searches  and  arrests  are  to  be  maintained  until  the  Soviet-era  Criminal 
Code  and  Criminal  Procedure  Code  are  redrafted  and  brought  into  line  with  the 
Constitution  in  1998.  A  suspect  may  be  jailed  for  no  more  than  12  months  pending 
trial,  after  which  the  suspect  must  be  released  or  tried.  This  latter  provision,  how- 
ever, is  not  always  enforced.  There  is  no  provision  for  bail  although  detainees  may 
sign  a  document  and  remain  at  liberty  under  their  own  recognizance  pending  trial. 
For  example  two  political  figures  who  emerged  from  hiding  in  September  to  face 
charges  stemming  from  the  election  protests  were  released  by  the  prosecutor  after 
signing  such  documents. 

The  ICRC  reported  that  civilian  and  military  personnel  on  all  sides  of  the 
Nagomo  Karabakh  dispute  conflict  occasionally  engage  in  cross-border  hostage  tak- 
ing, usually  to  win  release  of  a  friend  or  relative  held  on  the  other  side,  but  some- 
times for  financial  gain.  The  ICRC  successfully  assured  a  number  of  prisoner  ex- 
changes but  has  no  access  to  undeclared  hostages. 

There  were  no  reports  of  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — Although  the  Constitution  nominally  provides  for 
an  independent  judiciary,  its  provisions  do  not  appear  designed  to  insulate  the 
courts  from  political  pressure.  (Jther  legal  and  constitutional  provisions  make  judges 
dependent  on  the  executive  branch  for  their  employment.  In  practice  courts  are  sub- 

^'ect  to  political  pressure  and  corruption.  The  inherited  Soviet  system  views  the  court 
argely  as  a  rubber  stamp  for  the  prosecutor  and  not  a  defender  of  citizens'  rights. 
Prosecutors  still  greatly  overshadow  defense  lawyers  and  judges  during  trials.  The 
constitutionally  mandated  presumption  of  innocence  is  ineffective,  and  acquittals 
are  very  rare  once  a  case  comes  to  trial.  Under  the  Constitution,  the  Justice  Council, 
headed  by  the  President,  the  Prosecutor  (jeneral,  and  the  Justice  Minister,  appoints 
and  disciplines  judges  for  the  tribunal  courts  of  first  instance,  review  courts,  and 
the  Court  of  Appeals.  The  President  appoints  the  other  14  members  of  the  Justice 
Council  and  4  of  the  9  Constitutional  Court  judges.  This  authority  gives  the  Presi- 
dent dominant  influence  in  appointing  and  dismissing  judges  at  all  levels.  Judges 
are  subject  to  review  by  the  President  through  the  Council  of  Justice  after  3  years. 
Thereupon,  their  tenure  is  permanent  until  tney  reach  the  age  of  65. 

The  judicial  system  continued  its  transition  and  restructuring  is  due  to  be  com- 
pleted in  1998.  The  revised  civil  and  criminal  codes  under  preparation  are  designed 
to  clarify  contradictory  provisions  of  the  law  and  create  a  more  unitary,  modem,  and 


956 

workable  legal  system.  However,  prosecutors  are  expected  to  continue  to  have  more 
influence  than  iudges.  There  are  calls  from  within  the  judiciary  to  strengthen  judi- 
cial review  and  to  give  the  courts  more  authority  in  safeguarding  human  rights.  In 
addition  to  the  proposed  reforms,  increased  iudicial  independence  and  a  balance 
among  the  executive,  legislative,  and  judicial  branches  are  critical  to  the  success  of 
judicial  reform. 

According  to  the  transitional  provisions  of  the  Constitution,  the  existing  courts  are 
to  retain  their  powers  until  the  new  judicial  system  is  established.  District  courts 
try  most  cases,  with  a  right  of  appeal  to  regional  courts  and  then  the  Supreme 
Court.  In  1998  the  Supreme  Court  and  regional  courts  are  to  be  replaced  by  review 
courts  and  a  court  of  appeals  as  required  by  the  Constitution.  As  part  of  the  package 
of  judicial  reform  legislation  mandated  by  the  Constitution,  both  judges  and  pros- 
ecutors will  be  subject  to  retraining  and  recertification  by  examination  in  April  or 
May  1998  in  order  to  retain  their  positions. 

TTie  Constitutional  Court  rules  on  the  conformity  of  legislation  with  the  Constitu- 
tion, approves  international  agreements,  and  decides  election-related  legal  ques- 
tions. It  can  accept  only  those  cases  proposed  by  the  President,  one-third  of  all  Na- 
tional Assembly  deputies,  or  election-related  cases  brought  by  candidates  for  par- 
liament or  the  presidency.  Unless  the  Constitution  is  amended,  the  Constitutional 
Court  is  not  an  effective  guarantor  of  constitutional  human  rights  safeguards. 

The  military  tribunal  operates  essentially  as  it  did  in  the  Soviet  era.  Military 
prosecutors  perform  the  same  functions  as  their  civilian  counterparts,  operating  in 
accordance  with  the  Soviet-era  legal  code. 

Trials  are  public  except  when  government  secrets  are  at  issue.  Defendants  are  re- 
quired to  attend  their  trials  unless  they  have  been  accused  of  a  minor  crime  not 
punishable  by  imprisonment.  Defendants  have  access  to  a  lawyer  of  their  own  choos- 
ing. The  court  appoints  an  attorney  for  any  defendant  who  needs  one.  Defendants 
may  confront  witnesses  and  present  evidence.  The  Constitution  provides  that  those 
accused  of  crimes  shall  be  informed  of  charges  against  them.  Defendants  and  pros- 
ecutors have  the  right  of  appeal. 

Three  major  criminal  trials  involving  political  parties  or  personalities  continued 
into  1997.  Opposition  parties  and  some  human  rights  groups  charge  that  some  of 
the  defendants  are  political  prisoners.  The  law  lacks  an  adequate  test  (e.g.,  "clear 
and  present  danger'O  for  defining  the  difference  between  protected  free  speech  and 
illegal  calls  to  overthrow  the  Government  by  violent  means.  Without  the  safeguard 
of  a  strong,  independent  judiciary,  allegations  that  the  Government  exploited  these 
trials  for  political  purposes  cannot  be  refuted. 

Final  appeals  in  the  long-running  "Dro"  trial  of  a  group  of  11  persons  accused  of 
terrorist  activities  concluded  in  June  1997.  The  Government  cited  such  accusations 
when  it  banned  the  ARF/Dashnak  party  in  1994.  In  December  1996,  the  judge  pro- 
nounced the  defendants  guilty  of  premeditated  murder,  banditry,  arms  violations, 
or  concealing  a  crime.  Although  these  crimes  were  committed,  with  evidence  for  the 
guilt  of  most  of  the  accused,  the  trial  was  marred  by  procedural  irregularities,  alle- 
gations of  torture,  recanted  testimony,  and  accusations  of  deliberate  delay  by  the  au- 
thorities. The  appeals  judges  commuted  one  of  the  three  death  sentences.  There 
have  been  no  executions  since  independence  when  the  President  announced  a  mora- 
torium. The  Government  has  made  a  political  commitment  to  the  Council  of  Europe 
to  abolish  the  death  penalty. 

The  "Trial  of  31,"  involving  a  group  of  31  alleged  coup  plotters,  including  Vahan 
Hovannisyan,  a  senior  ARF  member,  opened  in  March  1996.  Closing  arguments 
were  completed  in  October  and  all  but  two  of  the  defendants  were  found  guilty  of 
various  charges  in  December.  Hovannisyan  was  sentenced  to  4  years'  imprisonment 
(including  time  in  pretrial  detention),  with  sentences  of  3  to  7  years  for  14  others. 
One  defendant  was  sentenced  to  death  for  the  murder  of  two  pwlicemen.  Eleven  de- 
fendants were  released  for  time  served  or  with  suspended  sentences.  Appeals  are 
reportedly  planned.  Most  defendants  in  the  case  cnarged  that  they  were  denied 
timely  access  to  legal  counsel.  They  subsequently  complained  that  they  had  been 
tortured  and  pressured  into  giving  false  testimony.  The  Court  denied  defense  mo- 
tions to  investigate  these  allegations.  Credible  evidence  linked  some  of  the  31  to  the 
deaths  of  2  policemen  and  other  serious  violations  of  the  criminal  code.  The  prosecu- 
tor dropped  treason  and  other  charges  against  Hovannisyan,  accusing  him  instead 
of  "inciting  armed  insurrection"  in  his  meetings  with  an  extremist  group.  No  evi- 
dence was  presented  linking  him  to  acts  of  violence. 

The  trials  of  11  persons  accused  of  involvement  in  the  postelection  protests  at  the 
parliament  building  on  September  25,  1996  that  turned  violent  were  completed  in 
July.  After  lengthy  detention,  the  defendants  were  convicted  on  minor  charges, 
given  suspended  sentences,  and  released.  One  person,  arrested  in  October,  remained 
in  pretrial  detention  for  the  same  events,  and  two  others,  in  hiding  for  a  year,  pre- 


957 

sented  themselves  to  the  Prosecutor  in  October  and  were  released  on  their  own  re- 
cognizEince,  pending  completion  of  the  investigation.  Security  forces  badly  beat  many 
of  the  defendants  at  the  time  of  arrest  or  afterwards. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  unauthorized  searches  and  preserves  citizens'  rights  to  pri- 
vacy and  coniidentiality  of  correspondence,  conversations,  and  other  messages.  Pro- 
cedurally, the  security  ministries  must  petition  the  prosecutor's  office  for  permission 
to  wiretap  a  telephone  or  intercept  correspondence.  The  prosecutor's  office  purport- 
edly must  find  a  compelling  need  for  the  wiretap  before  granting  the  agency  permis- 
sion to  proceed.  No  evidence  of  illegal  wiretapping  came  to  public  attention  during 
the  year. 

The  law  requires  security  forces  to  obtain  a  search  warrant  from  a  prosecutor  be- 
fore conducting  a  search;  in  practice,  searches  continue  to  be  made  without  a  war- 
rant. New  legislation  passed  in  December  improved  secrecy  of  bank  deposits,  requir- 
ing a  court  order  for  account  information  to  be  released  to  tax  or  law  enforcement 
authorities.  The  offices  of  the  National  Self-Determination  Union,  a  political  party, 
were  ransacked  by  police  in  September  1996.  When  the  Interior  Ministry  was 
merged  with  National  Security,  the  new  minister  promised  to  provide  compensation. 
Durmg  1997  some  $10,000  (5  million  dram)  was  paid,  about  one-third  of  the  total 
damages  claimed. 

In  Vanadzor  in  July,  members  of  a  local  "Yerkrapah"  group  (an  armed  veteran's 
militia  that  is  part  of  the  Defense  Ministry  implicated  in  1995  and  1996  human 
rights  violations)  broke  into  a  human  rights  library  and  removed  the  contents.  This 
library  was  housed  in  two  rooms  in  a  children's  library  granted  by  the  mayor  of 
Vanadzor  to  the  Constitutional  and  Human  Rights  Protective  Center.  Although  the 
dispute  was  primarily  over  control  of  the  space  rather  than  the  activities  of  the  cen- 
ter, and  the  center  was  subsequently  promised  new  quarters  elsewhere,  the  incident 
underscored  the  freedom  of  these  local  militias  to  act  outside  the  law — in  this  case 
against  a  human  rights  organization.  No  action  was  taken  against  the  persons  re- 
sponsible. The  mayor  of  Vanadzor  offered  the  Center  a  new  site,  but  the  necessary 
permissions  to  make  the  transfer  had  not  been  granted  at  year's  end. 

There  continued  to  be  violations  of  the  right  to  privacy  during  army  conscription 
drives.  Armed  forces  recruiters  periodically  engage  in  sweep  operations  for  draft-age 
men,  and  have  taken  hostages  to  compel  the  surrender  of  drail-evading  or  deserting 
relatives.  There  are  credible  reports  of  improper  conscription  of  refugees  from 
Nagorno-Karabakh  and  Azerbaijan,  and  of  punitive  conscription  of  males  who  have 
offended  local  oflicials. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press;  however,  while  the  Government  generally  respects  freedom  of  speech, 
it  continues  to  place  some  significant  restrictions  on  freedom  of  the  press.  Publica- 
tions present  a  variety  of  views,  and  the  opposition  press  regularly  criticizes  govern- 
ment policies  and  leaders,  including  the  President,  including  on  sensitive  issues 
such  as  the  Nagomo  Karabakh  peace  process.  However,  the  range  of  subjects  con- 
sidered sensitive  for  national  security  is  relatively  large.  Althougn  there  is  no  offi- 
cial censorship,  the  Government  circulates  an  informal  list  of  "Forbidden  subjects" 
and  journalists  practice  some  self-censorship  to  avoid  problems  with  authorities.  Be- 
cause of  past  episodes  of  retribution  by  powerful  ministers  or  businessmen,  includ- 
ing beatings,  detention  and  financial  pressure,  journalists  are  cautious  in  reporting 
on  major  corruption  or  national  security  issues. 

Newspapers  operate  with  extremely  limited  resources,  and  few  are  completely 
independent  of  patronage  from  economic  or  political  interest  groups  or  individuals. 
Total  newspaper  circulation  is  small,  about  one  copy  per  hundred  persons.  State- 
owned  companies  have  a  monopoly  on  newspaper  printing  and  distribution  facilities, 
and  most  newspapers  are  permanently  in  deot  to  the  printers.  The  State  retains, 
through  its  ownership  of  the  printing  and  distribution  network,  the  potential  to  shut 
or  otherwise  pressure  newspapers  that  take  too  strident  an  opposition  position.  The 
Government  disbanded  the  Ministry  of  Information  at  the  end  of  1996,  a  move  wide- 
ly welcomed  by  the  nongovernment  media;  however,  the  Government  then  partly  re- 
created the  ministry  as  a  department  of  the  Prime  Minister's  office  in  early  1997. 
In  December  a  new  board  oi  directors  was  created  for  the  state  television,  news 
agency,  and  press  distribution  company,  made  up  of  three  representatives  each  from 
the  resident's  office,  the  Government,  and  Parliament.  The  declared  aim  of  the 
board  is  to  supervise  these  agencies'  transformation  into  commercial  enterprises,  al- 
beit with  the  State  retaining  controlling  interest  in  the  near  term. 

In  June  three  employees  of  Noyan  Tapan  news  agency  were  summoned  to  the 
Ministry  of  Interior  and  National  Security  and  pressured  unsuccessfully  over  sev- 


958 

eral  hours  to  reveal  the  soui"ce  of  information  for  an  article  containingdetails  of  con- 
fidential negotiating  documents  regarding  Nagomo  Karabakh.  The  editor  of 
Yerevanyan  Orer  was  seriously  beaten  by  unidentified  attackers  in  March  after  re- 
fusing to  delete  a  newspaper  article  from  the  computer.  ARF-afliliated  media,  which 
the  Government  shut  down  in  1994,  remained  closed,  but  a  new  ARF-linked  news- 
paper began  publication  and  another  newspaper,  published  abroad,  resumed  public 
sale. 

The  two  most  widely  visible  television  channels  belong  to  state  television,  and 
tend  to  present  a  positive  view  of  officials  and  their  activities.  However,  television 
coverage  of  opposition  protests  of  the  Government's  Karabakh  policy  from  October 
through  Deceniber  demonstrated  some  tendency  toward  greater  oalance.  Most  radio 
stations  are  now  private.  The  opening  of  more  nongovernmental  television  and  radio 
outlets  has  encouraged  greater  freedom  of  expression  and  somewhat  broader  news 
coverage.  There  are  now  6  independent  radio  stations  and  8  independent  television 
stations  operating  in  Yerevan,  and  1  independent  radio  and  13  independent  tele- 
vision stations  in  the  regions.  Opposition  parties  and  politicians  received  adequate 
news  coverage  and  access  on  these  channels.  Legislation  has  not  yet  been  passed 
to  regulate  the  current  arbitrary  and  nontransparent  process  of  license  issuance,  al- 
though at  year's  end  a  draft  broadcasting  law  on  this  subject  was  circulating  in  the 
lepslature. 

The  few  international  newspapers  and  magazines  imported  are  not  censored.  Mid- 
dle and  upper  class  citizens  nave  access  to  international  satellite  and  cable  tele- 
vision from  abroad.  Internet  and  electronic  mail  have  substantially  increased  the 
amount  of  foreign  and  domestic  information  available. 

The  Government  partially  respects  academic  freedom.  Over  50  private  institutions 
of  higher  education  have  been  established  since  independence  in  1991.  The  Ministry 
of  Education  must  approve  the  curriculum  of  all  schools  that  grant  degrees  recog- 
nized by  the  State,  seriously  limiting  the  freedom  of  individual  schools  and  teachers 
in  their  choice  of  textbooks  and  course  material. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  and  the  Government  generally  respects  this  ri^t  in  practice. 
A  series  of  peaceful  demonstrations  took  place  in  1997,  organizea  by  opposition 
groups  to  protest  the  1996  elections  and,  in  the  fall,  the  Governments  Karabakh 
policy.  On  one  occasion  in  December,  Yerevan  municipal  authorities  refused  to  grant 
permission  for  organizers  of  a  demonstration  to  march  to  the  Foreign  Ministry.  The 
march  took  place,  nonetheless,  and  the  organizers  theoretically  were  subject  to  a 
small  fine,  which  had  not  been  levied  at  year's  end. 

The  Constitution  provides  for  freedom  of  association,  and  the  Government  gen- 
erally respects  this  right  in  practice  with  some  important  exceptions.  There  are  reg- 
istration requirements  for  all  parties,  associations,  and  organizations.  The  process 
of  registering  an  organization  is  time  consuming,  and  some  human  rights  or  political 
organizations  have  been  compelled  by  the  Government  to  revise  their  bylaws  several 
times  in  order  to  have  their  registration  accepted.  No  political  parties  were  refused 
initial  registration  in  1997.  The  ARF  party,  suspended  since  1994,  has  had  an  appli- 
cation for  reinstatement  pending  with  the  Ministry  of  Justice  since  1996;  the  law 
requires  a  written  answer  within  30  days  of  filing,  but  by  year's  end  the  Ministry 
had  not  provided  a  response.  Although  the  party  is  still  officially  suspended,  officials 
did  not  interfere  with  its  activities. 

In  October  the  ARF  offices  were  restored  to  the  party.  The  authorities  charge  that 
the  ARF  is  not  really  a  domestic  political  party  but  rather  the  arm  of  a  foreign- 
dominated  international  political  organization  (the  ARF  International  Bureau),  and 
thus  does  not  conform  to  the  law  on  public  political  organizations  requiring  Arme- 
nia-based leadership.  The  party  reconstituted  its  ruling  bodies  in  1996  and  created 
indigenous  local  structures,  which,  ARF  claimed,  distinguish  it  from  the  inter- 
national organization  and  meet  the  law's  criteria.  Many  observers  charge  that  con- 
tinuation of  the  ban  is  political,  designed  to  keep  the  ARF  from  competing  in  poli- 
tics. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion;  how- 
ever, in  practice  the  law  imposed  growing  restrictions  on  religious  freedom,  in  par- 
ticular on  the  religious  freedom  of  adherents  of  faiths  other  than  the  Armenian  Ap- 
ostolic Church  (the  Armenian  Orthodox  Church). 

The  1991  law  on  freedom  of  conscience  establishes  the  separation  of  church  and 
state,  but  grants  the  Armenian  Apostolic  Church  special  status.  The  law  forbids 
"proselytizing  (undefined  in  the  law)  except  by  the  Apostolic  Church,  and  requires 
all  religious  denominations  and  organizations  to  register  with  the  state  Council  on 
Religious  Affairs.  Petitioning  organizations  must  "be  free  from  materialism  and  of 
a  purely  spiritual  nature,"  and  must  subscribe  to  a  doctrine  based  on  "historically 
recognized  holy  scriptures." 


959 

A  presidential  decree  issued  in  1993  supplemented  the  1991  law  and  strengthened 
the  position  of  the  Armenian  Apostolic  Church.  The  decree  enjoins  the  Council  on 
Religious  Affairs  to  investigate  the  activities  of  the  representatives  of  registered  reli- 
gious organizations  and  to  ban  missionaries  who  engage  in  activities  contrar>'  to 
their  status.  No  action  was  taken  against  missionaries  in  1997. 

In  June  Parliament  passed  legislation  amending  the  religion  law.  The  legislation 
tightened  registration  requirements  for  other  denominations  by  raising  from  50  to 
200  adult  members  the  minimum  number  required  for  registration.  It  also  tightened 
funding  restrictions  so  that  foreign -based  churches  may  not  be  supported  by  funds 
from  their  headquarters  outside  Armenia  (a  provision  that  seriously  affects  the  ac- 
tivities of  several  substantial  denominations).  The  legislation  also  mandated  that  re- 
ligious organizations  except  the  Apostolic  Church  need  prior  f)ermission  from  the 
state  Council  on  Religious  Affairs  to  engage  in  religious  activities  in  public  places, 
travel  abroad,  or  to  invite  foreign  guests  to  Armenia.  The  President,  however,  re- 
turned the  law  to  Parliament  with  a  recommendation  that  these  objectionable  as- 
pects be  deleted.  In  September  Parliament  voted  to  drop  most  of  the  items  that  the 
President  recommended  for  deletion.  However,  Parliament  confirmed  the  increase  in 
the  membership  requirement  and  the  ban  on  outside  funding.  All  "foreign"  (i.e.  non- 
Apostolic)  denominations  are  now  required  to  reregister  within  6  months  of  the 
law's  entry  into  force.  The  President  signed  the  law  in  September.  So  far  religious 
groups  have  reported  no  adverse  consequences  from  the  new  law. 

Fifteen  religious  denominations  and  an  assortment  of  smaller  religious  associa- 
tions were  registered  in  1997  under  the  old  law,  including  Catholics,  Protestants, 
Russian  Orthodox,  Mormons,  and  others.  According  to  the  law,  a  religious  organiza- 
tion refused  registration  cannot  publish  a  newspaper  or  magazine,  rent  a  meeting 
place,  have  its  own  program  on  television  or  radio,  or  officially  sponsor  the  visas 
of  visitors.  The  Council  on  Religious  AfTairs  continued  to  deny  registration  to  Jeho- 
vah's Witnesses  on  the  grounds  that  the  group  does  not  permit  military  service.  As 
of  September,  14  Jehovah's  Witnesses  were  in  prison,  including  4  who  had  already 
served  1-  to  3-year  sentences  for  refusing  military  service  and  upon  release  were  re- 
tried and  convicted  by  a  military  tribunal  for  desertion,  even  though  they  had  never 
entered  the  military.  Seven  Jehovah's  Witnesses  were  in  pretrial  detention,  and 
seven  others  were  reportedly  in  hiding  to  escape  prosecution  for  refusing  military 
service.  A  large  quantity  of  Jehovah's  Witnesses  literature  was  seized  in  April,  on 
the  grounds  that  it  could  not  be  imported  legally  in  the  absence  of  registration. 

Despite  a  government  pledge  to  apprehend  those,  allegedly  "Yerkrapah"  members, 
who  staged  a  series  of  destructive  attacks  against  a  dozen  religious  groups  in  1995, 
the  authorities  took  no  steps  in  1997  to  bring  the  perpetrators  to  justice  (see  Section 
5). 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  of  movement  within  the  country, 
foreign  travel,  emigration,  and  repatriation,  but  the  Government  places  restrictions 
on  some  of  these  rights.  According  to  informed  estimates,  up  to  one-third  of  the  pop- 
ulation has  temporarily  or  permanently  emigrated  during  the  last  7  years.  Travel 
passports  may  be  denied  to  persons  possessing  state  secrets,  to  those  subject  to  mili- 
tary service,  and  to  those  whose  relatives  have  made  financial  claims  against  them. 
The  Office  of  Visas  and  Registrations  (OVIR)  has  eased  travel  and  emigration  proce- 
dures by  discontinuing  the  requirement  for  exit  visas;  however,  men  of  military  age 
need  to  overcome  substantial  bureaucratic  obstacles  to  international  travel.  The 
Government  does  not  restrict  internal  movement,  and  citizens  have  the  right  to 
change  freely  their  residence  or  work  place;  however,  they  must  negotiate  with  a 
corrupt  and  inefficient  bureaucracy  to  register  these  changes. 

Once  the  Nagomo  Karabakh  conflict  erupted  between  Armenia  and  Azerbaijan  in 
1988,  ethnic  minorities  on  both  sides  were  subject  to  discrimination  and  intimida- 
tion, often  accompanied  by  violence  intended  to  drive  them  from  the  country.  Almost 
all  of  the  ethnic  Azeris  living  in  Armenia  at  the  time,  some  185,000  persons,  fled 
to  Azerbaijan.  Of  the  400,000  ethnic  Armenians  then  living  in  Azerbaijan,  330,(K)0 
fled  to  and  were  granted  refugee  status  in  Armenia.  The  majority  of  tne  rest  took 
refuge  in  Russia,  with  small  numbers  remaining  in  Azerbaijan. 

Armenia  is  a  signatory  to  the  1951  U.N.  Convention  Relating  to  the  Status  of  Ref- 
ugees and  its  1967  Protocol.  The  National  Assembly  passed  a  law  on  citizenship  in 
1996  which  provides  for  refugees  of  Armenian  ethnicity  to  gain  citizenship,  provided 
they  are  stateless  and  have  resided  in  the  country  for  the  past  3  years.  Implement- 
ing regulations  for  the  law  and  naturalization  procedures  have  not  yet  been  com- 
pleted, and  few  refugees,  even  those  who  have  resettled  permanently,  have  gained 
citizenship. 


960 

The  Government  cooperates  with  the  oflice  of  the  United  Nations  High  Commis- 
sioner for  Refugees  ana  other  humanitarian  organizations  in  assisting  ethnic  Arme- 
nian refugees. 

Armenia  respects  the  right  of  first  asylum  in  principle,  but  has  no  practical  mech- 
anism to  provide  it,  and  border  officials  have  no  traming  in  asylum  issues.  In  the 
absence  of  a  law  specifying  procedures  for  formal  recognition  of  political  asylum, 
asylum  seekers  not  of  Armenian  ethnicity  have  no  legal  status.  In  some  cases,  those 
denied  permission  for  legal  residence  are  subject  to  fines  for  illegal  residence  when 
they  attempt  to  depart  the  country.  There  were  no  reports  of  forced  return  of  per- 
sons to  a  country  wnere  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Government's  manipulation  of  the  1996  presidential  election  continued  to  re- 
strict the  constitutional  ability  of  citizens  to  change  their  government  peacefully.  Se- 
rious breaches  of  the  election  law  and  numerous  irregularities  in  the  1995  and  1996 
elections  resulted  in  a  lack  of  public  confidence  in  the  integrity  of  the  overall  elec- 
tion process. 

In  the  1996  presidential  elections,  incumbent  President  Ter-Petrossian  was  de- 
clared the  victor.  His  leading  challenger,  Vazgen  Manukyan  claimed  fraud  and  filed 
an  appeal  with  the  Constitutional  Court.  The  Court  upheld  the  official  election  re- 
sult, but  many  questions  were  raised  regarding  the  Court's  procedures  in  the  case 
and  the  Central  Election  Commission's  refusal  to  release  aetailed  voting  results 
from  all  precincts.  An  OSCE  election  observer  mission  noted  "irregularities,"  "dis- 
crepancies," and  'Very  serious  breaches  of  the  election  law"  which  caused  "concern 
for  the  overall  integrity  of  the  election  process."  Nevertheless,  observers  concluded 
that  although  the  presidential  election  was  Hawed,  the  conduct  of  the  campaign  was 
an  improvement  over  the  1995  parliamentary  elections. 

In  anticipation  of  the  1999  parliamentary  elections.  Parliament  took  up  the  ques- 
tion of  a  universal  electoral  code.  In  the  spring,  a  draft  was  prepared  by  the  State 
and  Legal  Affairs  Committee  of  the  National  Assembly,  with  the  cooperation  of  op- 
position parties,  nongovernmental  organizations,  and  international  experts.  In  Sep- 
tember a  competing  draft  was  prepared  bv  a  working  group  of  the  National  Assem- 
bly undei'  the  auspices  of  the  majority  ANM  faction,  without  such  input.  The  new 
chairman  of  the  State  and  Legal  Affairs  Committee  held  a  series  of  meetings  and 
conferences  with  political  party  representatives,  local  nongovernmental  organiza- 
tions, and  international  experts  in  an  attempt  to  create  a  conipromise  draft  that 
would,  he  stated,  be  consistent  with  international  standards.  This  draft  was  not 
complete  at  year's  end.  It  was  clear  that  serious  difTerences  remained  between  the 
ruling  ANM  and  opposition  parties  on  a  number  of  issues,  particularly  on  how  to 
constitute  balanced  and  effective  electoral  commissions. 

Yerevan  mayor  Vano  Siradeghian  won  election  to  the  Parliament  in  a  closelv 
watched  by-election  in  Hrazdan  in  October.  Domestic  observers,  who  were  given  full 
access  to  the  electoral  process,  reported  that  the  voting  and  counting  were  free  of 
major  irregularities.  Their  report  highlighted  gaps  in  the  current  electoral  law  on 
registration  and  voting  of  military  personnel  and  on  uniformed  police  presence  at 
poTUng  stations.  They  also  noted  tnat  authorities  did  not  enforce  a  oan  on  campaign- 
ing outside  polling  stations. 

In  Novemoer  Siradeghian,  in  his  capacity  as  recently-elected  ANM  chairman,  stat- 
ed that  the  ANM  would  not  accept  an  electoral  law  that  condemned  them  to  elec- 
toral defeat.  Siradeghian  was  Interior  Minister  during  the  Government's  brutal 
crackdown  after  the  flawed  1996  presidential  election  and  demonstration  that 
turned  violent.  He  retains  his  position  as  mayor  while  serving  in  the  Parliament. 

Under  the  Constitution,  the  President  appoints  the  Prime  Minister  and  has  con- 
siderable influence  in  appointing  judges.  Tne  Constitution  provides  for  independent 
legislative  and  judicial  oranches,  but  in  practice  these  branches  are  not  insulated 
from  political  pressure  from  the  executive  oranch. 

The  Government  appoints  the  10  regional  governors  (marzpets).  The  Constitution 
gives  local  communities  the  right  to  elect  local  authorities.  However,  local  elected 
officials  have  limited  powers,  and  are  overshadowed  in  practice  by  powerful  presi- 
dentially  appointed  governors,  who  can  remove  them  from  office. 

The  National  Assembly  continues  to  operate  as  a  part-time  institution  for  the  du- 
ration of  its  first  term.  Regular  sessions  are  held  twice  a  year:  the  first  from  mid- 
September  to  mid-December  and  the  second  from  early  February  until  mid-June. 
Approximately  one-third  of  the  parliamentarians  have  been  designated  full-time 
deputies.  Special  sessions  may  be  called,  but  may  not  last  more  than  6  days. 

There  are  no  legal  restrictions  on  the  participation  of  women  and  minorities  in 
government  and  politics.   However,   due  to  traditional   social   attitudes,  both   are 


961 

underrepresented  in  all  branches  of  government.  There  is  one  woman  in  the  Cabinet 
(Minister  of  Social  Welfare).  Only  11  of  the  190  deputies  in  the  Parliament  are 
women.  There  are  no  members  of  minorities  in  the  Cabinet  or  in  the  Parliament. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  several  nongovernmental  human  rights  organizations  that  are  active 
and  operate  openly,  criticizing  publicly  and  publishing  their  findings  on  government 
human  rights  violations.  The  Government  has  permitted  monitoring  of  human 
rights  by  the  Council  of  Europe  and  the  ICRC,  which  had  full  access  to  civilian  de- 
tention facilities  in  1997,  including  detainees  in  politically  sensitive  trials. 

The  Government  accepted  an  OSCE  election  observer  mission  for  the  1996  presi- 
dential elections  and  provided  international  observers  with  countrywide  access;  how- 
ever, local  observer  organizations,  which  had  observed  the  1995  parliamentary  elec- 
tions, were  not  allowed  to  observe  the  presidential  election. 

The  new  Prosecutor  General  created  a  special  ofiice  in  July  to  communicate  with 
international  organizations,  and  pledged  to  provide  more  detailed  human  rights  in- 
formation than  was  publicly  available  earlier.  Although  the  Prosecutor's  office  did 
provide  responses  on  specific  cases,  this  information  remained  relatively  incomplete 
and  general,  as  are  most  government  statistics. 

A  human  rights  group  that  publicly  criticized  peacetime  deaths  in  the  military 
was  accused  by  the  Defense  Ministry  in  a  public  statement  of  colluding  with  an 
enemy  country. 

In  July  members  of  a  Yerkrapah  group  in  Vanadzor  broke  into  the  library  of  the 
Constitutional  and  Human  Rights  Protective  Center  (see  Section  l.f.). 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Discrimination  based  on  race,  sex,  religion,  disability,  language,  or  social  status 
is  prohibited  by  the  Constitution.  Cultural  and  economic  factors,  however,  prevent 
women,  ethnic  and  religious  minorities,  and  persons  with  disabilities  from  partici- 
pating fiilly  in  public  life. 

Women. — The  law  (the  old  Soviet  code)  cites  specific  punishments  for  rape,  forced 
abortion,  forbidding  a  woman  from  marrying,  and  discrimination  in  hiring  due  to 
pregnancy.  There  is  no  specific  law  banning  violence  against  women.  Few  cases  of 
rape,  spouse  abuse,  or  other  violence  against  women  were  reported  in  this  conserv- 
ative, patriarchal  society,  however,  their  number  is  likely  higher  than  the  statistics 
indicate.  In  1997  the  Prosecutor's  OfTice  registered  approximately  28  cases  of  rape. 

In  the  workplace,  women  receive  equal  pay  for  equal  work,  but  are  generally  not 
afforded  the  same  professional  opportunities  given  to  men  and  are  often  relegated 
to  more  menial  or  low-skill  jobs.  The  1992  Law  on  Employment  prohibits  discrimi- 
nation in  employment,  but  tne  extremely  high  unemployment  rate  makes  it  difficult 
to  gauge  how  effectively  the  law  has  been  implemented  to  prevent  discrimination. 
According  to  a  women's  group,  women  make  up  73  percent  of  those  ofTicially  reg- 
istered as  unemployed. 

Currently  there  are  more  women  receiving  university  and  postgraduate  education 
than  men. 

Children. — The  Government  does  not  have  the  economic  means  to  provide  fully 
for  the  welfare  of  children.  Education  is  free,  universal,  and  compulsory  through  age 
16,  but  facilities  are  poor  and  teachers  are  forced  to  tutor  pupils  privately  to  sur- 
vive. Free  children's  health  care  is  available,  but  of  poor  quality,  with  an  increasing 
trend  toward  overt  or  concealed  payment  of  fees  for  service.  The  (jovemment  fo- 
cuses its  efforts  on  children's  rights  and  welfare  with  measures  to  insulate  large 
families — four  or  more  children — from  the  effects  of  the  country's  current  difficult 
circumstances.  The  Government  similarly  targets  foreign  humanitarian  aid  pro- 
grams at  large  families.  A  program  led  by  the  President's  wife  has  helped  to  address 
the  growing  problem  of  street  children.  The  family  tradition  is  strong,  and  child 
abuse  does  not  appear  to  be  a  serious  problem. 

Girls  and  boys  receive  equal  educational  opportunities. 

People  With  Disabilities. — The  Constitution  provides  for  right  to  social  security  in 
the  event  of  disability.  The  1993  Law  on  Invalids  provides  for  the  social,  political, 
and  individual  rights  of  the  disabled  but  does  not  mandate  the  provision  of  acces- 
sibility for  the  disabled.  In  its  current  economic  circumstances,  the  (jovemment  has 
difficulty  fulfilling  its  commitments  in  this  area.  The  (jovemment's  enforcement  of 
the  rights  of  the  disabled  remains  rudimentary.  There  is  societal  discrimination 
against  the  disabled.  Hospitals,  residential  care,  and  other  facilities  for  the  seriously 
disabled  do  not  meet  international  norms. 


962 

Religious  Minorities. — There  was  no  reported  violence  against  minority  religious 
groups.  However,  newer  religious  organizations,  especially  of  an  evangelical  nature, 
are  treated  with  suspicion.  Such  groups  are  accused  of  proselytism,  including  using 
material  inducements  or  offers  of  emigration  to  entice  converts.  A  relatively  high 
percentage  of  members  of  some  of  these  religious  groups  joined  the  wave  of  emigra- 
tion from  Armenia,  for  social,  economic,  and  philosophical  reasons.  Despite  the  Gov- 
ernment's pledge  to  apprehend  those  allegedly  "Yerkrapah"  members  who  staged  a 
series  of  destructive  attacks  against  a  dozen  religious  groups  in  1995,  the  authori- 
ties took  no  steps  in  1997  to  bring  the  perpetrators  to  justice. 

National  / Racial  / Ethnic  Minorities. — The  Government  does  not  discriminate 
against  the  small,  officially  recognized,  "national"  communities,  though  their  eco- 
nomic and  social  situation  has  deteriorated  substantially  since  Armenian  independ- 
ence. Groups  which  the  Government  include  in  this  category  are  Russians,  Jews, 
Kurds,  Yezidis,  Georgians,  Greeks,  and  Assyrians.  Following  the  protracted 
Nagorno-Karabakh  conflict  (see  Section  2.d.),  there  is  no  significant  Azeri  minority. 
The  several  hundred  Azeris  or  persons  of  mixed  Azeri  heritage  still  living  in  Arme- 
nia maintain  a  low  profile  in  the  face  of  societal  discrimination. 

The  Constitution  grants  national  minorities  the  right  to  preserve  their  cultural 
traditions  and  language,  and  the  1992  law  on  language  provides  linguistic  minori- 
ties with  the  right  to  publish  and  study  in  their  native  language.  There  are  token 
publications  in  minority  languages,  but  the  Government  has  devoted  minimal  re- 
sources to  maintaining  minority  language  schools.  The  large  network  of  Russian- 
language  schools  has  been  greatly  reduced  in  recent  years.  In  practice,  virtually  all 
students,  including  members  of  the  Yezidi  and  Greek  communities,  now  attend  Ar- 
menian-language schools  with  very  limited  classes  in  their  mother  tongue.  In  the 
Yezidi  community,  a  high  percentage  of  pupils  do  not  attend  school,  partly  for  family 
economic  reasons  and  partly  because  of  discrimination  from  ethnic  Armenian  school- 
mates and  teachers. 

Yezidi  leaders  complained  in  a  July  letter  to  the  President  that  their  community 
(which  speaks  a  Kuroish  dialect  and  practices  a  traditional  non-Christian,  non-Mus- 
lim religion)  is  subject  to  discrimination  by  police  and  local  authorities.  They  cited 
numerous  incidents  of  unfair  adjudication  of  land,  water  and  grazing  disputes,  non- 
receipt  of  privatized  a^cultural  land,  and  lack  of  police  response  to  even  serious 
crimes  committed  against  Yezidis.  They  alleged  unfair  adjudication  of  land  and 
water  disputes.  The  letter  also  complained  of  unequal  treatment  by  the  military, 
and  listed  nine  Yezidi  conscripts  who  allegedly  died  since  1996  during  peacetime 
military  service.  The  Armenian  authorities  made  no  effective  response  to  these  seri- 
ous complaints,  although  the  letter  received  coverage  from  human  rights  journalists 
in  the  independent  press. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  eniployees  with  the  right 
to  form  and  join  trade  unions  and  the  right  to  strike.  The  (Constitution  stipulates 
that  the  right  to  form  associations — including  political  parties  and  trade  unions — 
may  be  limited  with  respect  to  persons  serving  in  the  armed  services  and  law  en- 
forcement agencies.  A  1993  presidential  decree  prohibits  the  Government  and  other 
employers  from  retaliating  against  strikers  and  labor  leaders,  but  workers  have  no 
confidence  in  this  guarantee.  In  practice  labor  organization  remains  weak  due  to 
high  unemployment  and  the  poor  economy.  Workers  have  neither  financial  resources 
to  maintain  a  strike  nor  enforceable  legal  protection  against  retaliation,  and  the  ex- 
isting unions  play  a  relatively  passive  role.  There  has  not,  however,  been  any  retal- 
iation against  strikers  or  labor  leaders.  Creation  of  a  new,  purportedly  independent 
labor  federation  was  reported  in  December,  involving  members  of  the  journalists 
union  and  a  few  other  relatively  stronger  labor  organizations. 

Unions  are  free  to  affiliate  with  international  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  is  not 
practiced.  The  Constitution  provides  all  citizens  with  the  right  to  a  just  wage  no 
lower  than  the  minimum  set  by  the  Government.  Although  the  1992  Law  on  Em- 
ployment provides  for  the  right  to  organize  and  bargain  collectively,  voluntary  and 
direct  negotiations  do  not  take  place  between  unions  and  employers  without  the  par- 
ticipation of  the  (jovemment  because  most  large  employers  remain  under  state  con- 
trol. The  near  collapse  of  major  industrial  production  has  undercut  the  organization 
of  labor  unions. 

The  (jovemment  encourages  profitable  factories  to  establish  their  own  pay  scales. 
Factoiy  directorates  generally  set  the  pay  scales,  without  consultation  with  employ- 
ees. Wage  and  other  labor  disputes  are  adjudicated  through  the  Arbitration  Court. 

There  are  no  export  processing  zones. 


963 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  and  the  1992 
Law  on  Employment  prohibit  forced  andf  bonded  labor,  including  by  children,  and 
it  is  not  known  to  occur.  This  provision  is  enforced  by  the  local  councils  of  deputies, 
unemployment  offices,  and,  as  a  final  board  of  appeal,  the  Arbitration  Commission. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Forced  or 
bonded  labor  by  children  is  prohibited,  and  is  not  known  to  occur  (see  Section  6.C.). 
According  to  the  1992  Law  on  Employment, 

16  years  is  the  minimum  age  for  employment.  Children  may  work  from  the  age 
of  14  with  the  permission  of  a  medical  commission  and  the  relevant  labor  union 
board.  TTie  Law  on  Employment  is  enforced  by  the  local  councils  of  deputies,  unem- 
ployment offices,  and,  as  a  final  board  of  appeal,  the  Arbitration  Commission. 

e.  Acceptable  Conditions  of  Work. — The  Government  sets  the  minimum  wage  by 
decree.  In  September  the  national  minimum  wage  was  $2  (1000  drams)  per  month, 
a  purely  theoretical  figure  given  that  10  times  the  minimum  wage  is  insufficient  to 
support  an  individual. 

The  majority  of  the  population  lives  below  the  officially  recognized  poverty  level 
as  a  result  of  the  economic  dislocations  caused  by  the  breakup  of  the  Soviet  union, 
the  1988  earthquake,  the  conflict  in  Nagorno-Karabakh,  and  the  resulting  blockade 
and  disruptions  in  trade.  The  majority  of  enterprises  are  either  idle  or  operating  at 
a  fraction  of  their  capacity.  Some  furloughed  workers  are  still  receiving  minimal 
partial  compensation  from  their  enterprises,  but  most  are  no  longer  receiving  any 
payment  if  they  are  not  working.  The  standard  legal  workweek  is  41  hours;  many 
people  work  multiple  jobs. 

The  Constitution  provides  citizens  with  the  right  to  clean  and  safe  work  places, 
but  Soviet-era  occupational  and  safety  standards  remain  in  force.  Labor  legislation 
from  1988  places  responsibility  on  the  employer  and  the  management  of  each  firm 
to  ensure  'nealthy  and  normal"  labor  conditions  for  employees,  but  it  provides  no 
definition  of  healthy  and  normal.  The  employment  situation  is  such  that  workers 
are  unlikely  to  attempt  to  remove  themselves  from  hazardous  working  conditions 
due  to  the  risk  of  losing  their  jobs. 


AUSTRIA 

Austria  is  a  constitutional  democracy  with  a  federal  parliamentar>'  form  of  gov- 
ernment and  an  independent  judiciary.  Citizens  choose  their  representatives  in  peri- 
odic, free,  and  fair  multiparty  elections. 

The  police  are  subordinated  to  the  executive  and  judicial  authorities.  The  national 
police  maintain  internal  security.  The  army  is  responsible  for  external  security. 

Austria's  highly  developed,  market-based  economy,  with  its  mix  of  technologically 
advanced  industry,  modem  agriculture,  and  tourism  affords  its  citizens  a  hign 
standard  of  living. 

The  Government  generally  respected  the  human  rights  of  its  citizens,  and  the  law 
and  judiciary  provide  effective  means  of  dealing  with  individual  instances  of  abuse. 
There  were  occasional  reports  of  abuse  by  police.  Legislation  went  into  effect  to  in- 
crease protection  for  women  against  domestic  violence. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  the  Constitution  prohibits  such  practices,  government  statistics  for  1996 
showed  235  complaints  against  federal  police  officials  for  illegal  violations  of  per- 
sonal freedoms,  such  as  intimidation,  threats,  abuse,  and  mistreatment.  Comparable 
statistics  for  prior  years  are  not  available. 

Prison  conditions  meet  minimum  international  standards.  The  Government  is  a 
party  to  the  Europ)ean  Convention  for  the  Protection  of  Human  Rights  and  Fun- 
damental Freedoms,  which  includes  a  provision  for  human  rights  monitoring  mis- 
sions. In  individual  cases,  investigating  judges  or  prison  directors  have  jurisdiction 
over  questions  of  access  to  the  defendant. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention,  or  exile,  and  the  Government  observes  this  prohibition. 

In  criminal  cases  the  law  provides  for  investigative  or  pretrial  detention  for  up 
to  48  hours,  except  that  in  cases  of  charges  of  "aggressive  behavior"  an  investigative 


964 

judge  may  within  that  period  decide  to  grant  a  prosecution  request  for  detention  up 
to  2  years  pending  completion  of  an  investigation.  The  grounds  required  for  such 
investigative  detention  are  specified  in  the  law,  as  are  conditions  for  bail.  The  inves- 
tigative judge  is  required  to  evaluate  an  investigative  detention  at  2  weeks,  1 
month,  and  every  2  months  after  the  arrest. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides 
citizens  with  a  fair  and  efficient  judicial  process. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — ^The 
Constitution  prohibits  such  practices,  government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  the 
press,  and  the  Government  generally  respects  this  right  in  practice,  although  strin- 
gent slander  lews  tend  to  discourage  reports  of  police  brutality.  Publications  may 
be  removed  from  circulation  if  they  violate  legal  provisions  concerning  morality  or 
public  security,  but  such  cases  are  extremely  rare. 

The  government  monopoly  in  television  and  national  radio  is  gradually  being  dis- 
mantled. A  law  passed  in  1993  permitted  licensing  of  regional  private  radio  stations, 
but  implementation  of  the  law  was  delayed  due  to  legal  challenges  by  unsuccessfiil 
applicants  for  licenses.  A  private  radio  station,  however,  has  now  opened  in  Styria 
and  another  in  Salzburg.  Rewritten  radio  frequency  rules  are  scheduled  to  go  into 
effect  in  October.  Similar  steps  are  expected  for  television  in  coming  years. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly  and  association,  except  for  Nazi  organizations  and  activities  (an 
exception  stipulated  also  in  the  Austrian  State  Treaty  of  1955).  The  law  on  the  for- 
mation of  associations  states  that  permission  to  form  an  organization  may  be  denied 
if  it  is  apparent  that  the  organization  will  pursue  the  illegal  activities  of  a  prohib- 
ited organization. 

c.  Freedom  of  Religion. — The  Constitution  generally  provides  for  freedom  of  reli- 
gion of  individuals.  The  status  of  religious  organizations,  however,  is  governed  by 
the  1874  "Law  on  Recognition"  of  churches.  Omcially,  75.3  percent  of  the  populace 
is  Roman  Catholic,  and  there  are  11  other  recognized  religious  organizations. 

Reli^ous  recognition  under  the  1874  law  has  wide-ranging  implications,  e.g.,  the 
authority  to  participate  in  the  state-collected  religious  taxation  program,  engage  in 
religious  education,  and  import  religious  workers  to  act  as  ministers,  missionaries, 
or  teachers.  Although  in  the  past  nonrecognized  religious  groups  have  had  problems 
obtaining  resident  permits  for  foreign  religious  workers,  administrative  procedures 
adopted  in  1997  partially  have  addressed  this  problem. 

Previously,  some  nonrecognized  religious  groups  were  able  to  organize  as  legal  en- 
tities or  associations,  although  this  route  has  not  been  universally  available.  Some 
groups  even  have  done  so  while  applying  for  recognition  as  religious  communities 
under  the  1874  law.  Many  such  applications  for  recognition  have  languished  in  the 
Education  Ministry,  in  some  cases  for  years.  Following  years  of  bureaucratic  delay 
and  an  administrative  court  order  instructing  the  Education  Ministry  to  render  a 
decision,  the  Ministry  denied  in  July  the  request  for  recognition  of  Jehovah's  Wit- 
nesses. Jehovah's  Witnesses  appealed  this  decision  to  the  Administrative  Court. 

In  December  Parliament  passed  a  new  law  that  allows  nonrecognized  religious 
groups  to  seek  official  status  as  confessional  communities  without  many  of  the  bene- 
fits available  to  recognized  religions.  To  apply  groups  must  have  300  members  and 
submit  to  the  Government  their  written  statutes,  describing  the  goals,  rights,  and 
obligations  of  members,  membership  regulations,  officials,  and  financing.  Groups 
also  must  submit  a  written  version  of  their  religious  doctrine,  which  must  differ 
from  that  of  any  existing  religion  recognized  under  the  1874  law  or  registered  under 
the  new  law,  for  a  determination  that  their  basic  beliefs  do  not  violate  public  secu- 
rity, public  order,  health  and  morals,  or  the  rights  and  freedoms  of  citizens.  The  new 
law  also  sets  out  additional  criteria  for  eventual  recognition  according  to  the  1874 
law,  such  as  a  20  year  observation  period  (at  least  10  of  which  must  be  as  a  group 
organized  as  a  confessional  community  under  the  new  law)  and  membership  equal- 
ing at  least  two  one-thousandths  of  the  Austrian  population.  Many  religious  groups 
and  independent  congregations  do  not  meet  the  300-member  threshold  for  registra- 
tion under  the  new  law,  and  only  Jehovah's  Witnesses  currently  meet  the  higher 
membership  requirement  for  recognition  under  the  1874  law. 

Proponents  oi  the  law  describe  it  as  an  opportunity  for  religious  groups  to  become 
oflicially  registered  as  religious  organizations,  providing  them  with  a  government 


965 

"quality  seal."  Numerous  religious  groups  not  recognized  by  the  State,  as  well  as 
some  religious  law  experts,  however,  dismiss  the  purported  benefits  of  obtaining  sta- 
tus under  the  new  law  and  have  complained  that  the  new  law's  additional  criteria 
for  recognition  under  the  1874  law  obstruct  claims  to  recognition  and  formalize  a 
second-class  status  for  nonrecognized  groups.  Experts  have  questioned  the  new  law's 
constitutionality. 

In  1997  the  Government  continued  its  information  campaign  against  religious 
sects  considered  potentially  harmful  to  individuals  and  society.  As  part  of  this  cam- 
paign, the  Family  Ministry  published  a  widely  distributed  brochure  describing  the 
potential  dangers  of  membership  in  various  nontraditional  religious  groups.  The 
Family  Minister  publicly  declared  his  determination  to  combat  dangerous  religious 
groups. 

In  August  the  Austrian  People's  Party  (OeVP)  decided  that  party  membership  is 
incompatible  with  membership  in  a  sect.  Understanding  that  he  would  be  expelled 
as  a  consequence  of  this  decision  if  he  did  not  withdraw  from  either  Scientology  or 
the  party,  a  local  OeVP  politician  resigned  from  the  party  and  abandoned  plans  for 
running  on  the  OeVP  ticket  in  October  local  elections.  In  July  a  national  OeVP  poli- 
tician was  criticized  heavily  across  the  political  spectrum  for  his  friendship  with  the 
local  politician. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  does  not  restrict  movement,  including  emigration. 
Citizens  who  leave  the  country  have  the  right  to  return  at  any  time. 

Austria  has  signed  the  1951  United  Nations  Convention  Relating  to  the  Status 
of  Refugees  and  its  1967  Protocol,  but  subscribes  to  the  "safe  country"  concept, 
which  requires  asylum  seekers  who  have  entered  illegally  to  depart  and  seek  refu- 
gee status  from  outside  the  country.  In  response  to  continuing  cnticism  by  the  office 
of  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR)  and  other  human- 
itarian organizations,  the  Government  passed  an  amendment  to  the  1991  asylum 
law  in  July  designed  to  bring  some  improvements  to  the  "safe  country"  rule  and  the 
appellate  procedure.  The  Government  cooperates  with  the  UNHCR  and  other  hu- 
manitarian organizations  in  assisting  refugees  and  relies  upon  UNHCR  information 
to  determine  safe  countries."  Individuals  found  to  be  true  refugees  by  government 
authorities  are  not  sent  back  to  the  countries  from  which  they  have  fled. 

The  Government  provides  "temporary  protected  status,"  similar  to  first  asylum, 
to  refugees  who  fled  fighting  in  Bosnia  and  Herzegovina.  Those  who  arrived  between 
April  1992  and  July  1993  were  granted  protected  status  and  provided  government 
assistance  without  having  to  file  asylum  applications.  The  government  assistance 
program  for  Bosnian  war  refugees  in  temporary  protected  status  has  been  extended 
untu  July  31,  1998  for  certain  categories  of  refugees.  Under  this  program,  those 
whose  temporary  protected  status  expires  and  who  have  not  been  integrated  into 
the  society  may  be  required  to  depart. 

Asylum  applications  rose  in  1996  by  1,000  over  the  previous  year  to  6,991,  while 
the  approval  rate  declined,  with  716  applications  approved.  This  figure  includes  asy- 
lum seekers  from  Iraq  (183),  Iran  (136),  the  Federal  Republic  oi  Yugoslavia  (92), 
Bosnia-Herzegovina  (69),  and  Vietnam  (55). 

There  is  no  reported  or  observed  pattern  of  abuse  of  refugees.  Following  criticism 
of  conditions  in  detention  centers  in  1996,  the  Government  promised  to  take  steps 
to  improve  them;  no  new  criticism  was  reported. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  peacefully  to  change  their  gov- 
ernment. Citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair  elec- 
tions held  on  the  basis  of  universal  suffrage. 

Approximately  26  percent  of  the  members  of  Parliament  and  4  of  16  cabinet  mem- 
bers are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  findings  on  human  rights  cases.  In  some  cases,  they 
have  been  dissatisfied  with  the  information  authorities  have  supplied  in  response 
to  specific  complaints. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 
The  law  provides  for  protection  against  any  of  these  kinds  of  discrimination  in 
employment,  provision  of  welfare  benefits,  and  other  matters,  and  the  Government 
generally  enforces  its  provisions  effectively. 


966 

Women. — Official  data  for  1996  show  11,932  reported  cases  of  violence  against 
women,  of  which  470  were  rapes  and  373  other  sexual  assaults.  Police  and  judges 
enforce  laws  against  violence:  however,  less  than  10  percent  of  abused  women  are 
estimated  to  file  complaints.  On  May  1,  a  law  on  the  "Protection  of  the  Family"  went 
into  force  that  empowers  police  officials  to  expel  abusive  family  members  from  fam- 
ily homes  and  pronibit  them  from  returning  for  a  7-day  period.  This  period  can  be 
extended  to  as  long  as  3  months  by  a  court  order. 

Most  legal  restrictions  on  women's  rights  have  been  abolished.  Women  are  still 
prohibited  by  law  from  night  work  in  most  occupations.  Although  this  ban  is  some- 
times used  as  a  pretext  for  not  hiring  women,  it  is  supported  by  the  Women's  Affairs 
Ministry  and  women's  organizations.  (Nurses,  taxi  drivers,  and  a  few  other  occupa- 
tions are  exempted  from  this  ban.)  According  to  a  1994  ruling  by  the  European 
Court  of  Justice,  a  sex-based  prohibition  of  nighttime  work  is  not  permissible.  The 
Government  has  been  granted  a  transition  period  until  2001  to  adapt  its  legislation 
to  gender-neutral  European  Union  regulations,  but  at  year's  end,  legislation  revising 
this  prohibition  was  still  pending. 

An  April  petition  drive  to  force  discussion  of  women's  rights  in  the  Parliament 
drew  645,000  signatures.  The  exclusion  of  women  from  the  culturally  important  Vi- 
enna philharmonic  orchestra  ended,  although  only  one  female  member  has  been  ac- 
cepted into  the  orchestra. 

In  addition  to  the  federal  Women's  Affairs  Ministry,  a  federal  Equality  Commis- 
sion and  a  federal  Commissioner  for  Equal  Treatment  oversee  laws  prescribing 
equal  treatment  of  men  and  women.  Sixty  percent  of  women  between  tne  ages  of 
15  and  60  are  in  the  labor  force.  Despite  substantial  gains  in  women's  incomes,  they 
average  20  percent  lower  than  those  of  men.  Although  women  still  are  not  allowed 
in  the  military,  the  Government  made  a  policy  decision  to  integrate  women  into  the 
military  as  soon  as  implementing  laws  are  passed.  On  December  11,  Parliament 
passed  a  legislative  package  that  cleared  the  way  for  the  entry  of  women  into  the 
military.  The  target  date  Tor  entiy  of  the  first  female  volunteers  is  April  1,  1998. 

Although  labor  laws  providing  for  equal  treatment  extend  to  women  in  the  civil 
service,  they  remain  underrepresented  there.  To  remedy  this  circumstance,  a  1993 
law  requires  hiring  women  of^  equivalent  qualifications  ahead  of  men  in  civil  service 
areas  in  which  less  than  40  percent  of  the  employees  are  women;  but  there  are  no 
penalties  for  failure  to  attain  the  40  percent  target. 

Women  may  be  awarded  compensation  of  up  to  4  months'  salary  if  discriminated 
against  in  promotions  because  of  their  sex.  The  Labor  Court  can  also  award  com- 
pensation from  employers  to  victims  of  sexual  harassment. 

Women's  rights  organizations  are  partly  politically  affiliated,  and  partly  autono- 
mous groups.  In  voicing  their  concerns,  they  receive  wide  public  attention. 

Children. — Laws  protect  the  vast  majority  of  children's  rights  established  in  inter- 
national conventions  and  in  some  respects  go  beyond  them.  Each  provincial  govern- 
ment and  the  federal  Ministry  for  Youth  and  Family  Affairs  has  an  "Ombudsperson 
for  Children  and  Adolescents"  whose  main  function  is  to  resolve  complaints  about 
violations  of  rights  of  children. 

While  9  years  of  education  are  mandatory  for  all  children,  beginning  at  age  6,  the 
Government  also  provides  free  education  through  the  level  of  technical  or  vocational 
programs  or  university.  Educational  opportunity  is  equal  for  girls  and  boys.  Com- 
prehensive, government-financed  medical  care  is  available  for  all  children  without 
regard  to  gender. 

There  is  no  societal  pattern  of  abuse  against  children,  although  heightened  public 
av/areness  of  abuse  has  led  the  Government  to  increase  its  efforts  to  monitor  the 
issue  and  prosecute  offenders.  Reports  of  suspected  sexual  abuse  of  children  in  1996 
increased  by  13  percent  over  1995  to  738;  the  number  of  related  convictions  rose 
from  260  to  339.  This  increase  is  generally  held  to  be  a  result  of  increased  aware- 
ness and  reporting. 

Stricter  regulations  on  child  pornography  went  into  effect  on  March  1.  Under  the 
new  laws,  any  citizen  engaging  in  child  pornography  in  a  foreign  country  becomes 
punishable  under  Austrian  law  even  if  his  actions  are  not  punishable  in  the  country 
where  he  committed  this  violation.  The  new  laws  also  entail  more  severe  provisions 
for  possession,  trading,  and  private  viewing  of  pornographic  materials.  For  example, 
exchanging  videos  is  now  illegal  even  if  done  privately  rather  than  as  a  business 
transaction.  There  was  no  prosecution  of  the  suspected  Austrian-Slovak  child  por- 
nography ring  reported  in  1996. 

People  With  Disabilities. — Disabled  individuals  are  protected  by  law  from  discrimi- 
nation in  housing,  education,  and  employment.  In  July  the  Parliament  passed  an 
amendment  to  the  Constitution  explicitly  reauiring  the  State  to  provide  for  equal 
rights  for  the  disabled  "in  all  areas  of  everyaay  life."  The  law  requires  all  private 
enterprises  and  state  and  federal  government  offices  to  employ  1  disabled  person  for 


967 

every  25  to  45  employees,  depending  on  the  type  of  work.  Employers  who  do  not 
meet  this  requirement  must  pay  a  fee  to  the  Government,  and  the  proceeds  help 
finance  services  for  the  disabled  such  as  training  programs,  wage  subsidies,  and 
workplace  adaptations.  No  federal  law  mandates  access  for  the  physically  disabled; 
some  public  buildings  are  virtually  inaccessible  for  those  unable  to  climb  stairs. 

Mentally  retarded  females  can  be  involuntarily  sterilized  at  the  request  of  par- 
ents, in  the  case  of  minors,  or,  in  the  case  of  adults,  by  request  of  the  responsible 
family  member  or  by  court  order.  One  political  party  called  for  more  restrictive  leg- 
islation to  make  it  more  difficult  to  sterilize  mentally  retarded  women.  In  July  Par- 
liament passed  a  constitutional  amendment  explicitly  committing  the  state  to  secure 
equal  rights  for  the  disabled  "in  all  areas  of  everyday  life." 

National  / Racial  / Ethnic  Minorities. — ^According  to  a  government  report  on  ri^t- 
wing  extremism,  anti-Semitism,  and  xenophobia,  the  number  of  complaints  and  inci- 
dents dropped  by  40  percent,  from  482  in  1995  to  290  in  1996.  Thirty-two  cases  re- 
sulted in  criminal  sentences.  The  arrest  and  imprisonment  in  recent  years  of  leading 
rightwing  extremists  is  generally  credited  for  the  downward  trend.  In  August  the 
Anti-Defamation  League  opened  an  office  for  central  and  eastern  Europe  in  Vienna. 
The  European  Union  planned  to  open  an  office  against  racism  and  xenophobia  in 
Vienna  but  by  year's  end,  it  had  not  done  so. 

Legislation  was  passed  in  October  to  provide  law  enforcement  agencies  with  ex- 
panded investigative  tools,  such  as  electronic  eavesdropping,  merging  of  data  bases, 
and  witness  protection  programs.  Criminal  investigations  begun  in  1995  against 
three  Austrians  for  spreading  fascist  and  extreme  rightwing  propaganda  through 
the  Internet  were  still  pending  at  year's  end. 

Religious  Minorities. — In  the  cases  of  desecration  of  Jewish  cemeteries  in  Rechnitz 
and  Holiabrunn  in  May  and  November  1996,  respectively,  children  and  adolescents 
unaware  of  the  gravity  of  their  crime  were  found  to  be  the  perpetrators.  The  second 
suspect  in  the  desecration  of  the  Jewish  cemetery  in  Eisenstadt  in  1993  has  not 
been  apprehended. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  have  the  right  to  form  and  join  unions 
without  prior  authorization,  under  general  constitutional  guarantees  of  freedom  of 
association.  In  practice  trade  unions  have  an  important  and  independent  voice  in 
the  political,  social,  and  economic  life  of  the  country.  Fifty-two  percent  of  the  work 
force  was  organized  into  14  national  unions,  all  belonging  to  the  Austrian  Trade 
Union  Federation  (0GB),  which  has  a  highly  centralized  leadership  structure.  Indi- 
vidual unions  and  the  OGB  are  independent  of  government  or  political  party  control, 
although  formal  factions  within  these  organizations  are  closely  allied  with  political 
parties. 

Although  the  right  to  strike  is  not  explicitly  provided  in  the  Constitution  or  in 
national  legislation,  it  is  universally  recognized.  Historically,  strikes  have  been  com- 
paratively Tew  and  usually  of  short  duration.  This  year  there  was  one  strike  by  em- 
ployees of  the  Finance  Ministry.  A  major  reason  for  the  record  of  labor  peace  is  the 
unofficial  system  of  "social  partnership"  among  labor,  management,  and  govern- 
ment. At  the  center  of  the  system  is  the  Joint  Parity  Commission  for  Wages  and 
Prices,  which  has  an  important  voice  on  major  economic  questions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Unions  have  the  right  to  or- 
ganize and  bargain  collectively.  Almost  all  large  companies,  private  or  state-owned, 
are  organized.  Worker  councils  operate  at  the  enterprise  level,  and  workers  are  enti- 
tled by  law  to  elect  one-third  of  the  members  of  the  supervisory  boards  of  major 
companies.  Collective  agreements  covering  wages,  benefits,  and  working  conditions 
are  negotiated  by  the  OGB  with  the  National  Chamber  of  Commerce  and  its  associa- 
tions, which  represent  the  employers.  Wage  and  price  policy  guidelines  are  set  by 
the  Joint  Parity  Commission.  A  1973  law  obliges  employers  in  enterprises  with  more 
than  five  employees  to  prove  that  job  dismissals  are  not  motivated  by  antiunion  dis- 
crimination. Employers  found  guilty  of  this  offense  are  required  to  reinstate  work- 
ers. Labor  and  business  representatives  remain  in  longstanding  disagreement  over 
how  to  comply  with  the  obligation  under  the  International  Labor  Organization's 
Convention  98  to  provide  legal  protection  to  employees  against  arbitrary  dismissals 
in  firms  with  five  employees  or  fewer. 

Typically,  legal  disputes  between  employer  and  employees  regarding  job-related 
matters  are  handled  by  a  special  arbitration  court  for  social  affairs.  The  OGB  is  ex- 
clusively responsible  for  collective  bargaining.  The  leadership  of  the  Chamber  of 
Labor,  the  Chamber  of  Commerce,  and  the  OGB  are  elected  democratically. 

There  are  no  export  processing  zones. 


45-909    98-32 


968 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^Forced  labor  is  prohibited  by  law 
and  is  not  practiced.  The  Government  prohibits  forced  and  bonded  labor  by  children 
and  enforces  this  prohibition  effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  mini- 
mum legal  working  age  is  15  years.  The  law  is  effectively  enforced  by  the  Labor 
Inspectorate  of  the  Ministry  of  Social  Affairs.  The  Grovemment  has  adopted  laws 
ana  policies  to  protect  children  from  exploitation  in  the  work  place.  The  law  pro- 
hibits forced  and  bonded  child  labor,  and  the  Government  enforces  this  prohibition 
effectively  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — There  is  no  legislated  national  minimum  wage. 
Instead,  nationwide  collective  bargaining  agreements  set  minimums  by  job  classi- 
fication for  each  industry.  The  generally  accepted  unofficial  minimum  gross  income 
is  $14,000  per  year.  Every  worker  is  entitled  to  a  variety  of  generous  social  benefits. 
The  average  citizen  has  a  high  standard  of  living,  and  even  the  minimum  wages 
are  sufficient  to  permit  a  decent  living  for  workers  and  their  families. 

Although  the  legal  workweek  has  been  established  at  40  hours  since  1975,  more 
than  50  percent  of  the  labor  force  is  covered  by  collective  bargaining  agreements 
that  set  the  workweek  at  38  or  38V2  hours. 

Extensive  legislation,  regularly  enforced  by  the  Labor  Inspectorate  of  the  Ministry 
of  Social  Affairs,  provides  for  mandatory  occupational  health  and  safety  standards. 
Workers  may  file  complaints  anonymously  with  the  Labor  Inspectorate,  which  may 
bring  suit  against  the  employer  on  behalf  of  the  employee,  but  this  option  is  rarely 
exercised,  as  workers  normally  rely  instead  on  the  Chambers  of  Labor,  which  file 
suits  on  their  behalf. 

The  Labor  Code  provides  that  workers  have  the  right  to  remove  themselves  from 
a  job  if  they  fear  '  serious,  immediate  danger  to  life  and  health"  without  incurring 
any  prejudice  to  their  job  or  career. 


AZERBAIJAN 

Azerbaijan  is  a  republic  with  a  presidential  form  of  government.  Heydar  Aliyev, 
who  assumed  presidential  powers  after  the  overthrow  of  his  democratically  elected 
predecessor,  was  elected  President  in  1993.  Although  Azerbaijan  took  significant 
steps  toward  economic  reform  in  1997,  it  made  little  progress  in  moving  toward  de- 
mocracy. President  Aliyev  and  his  supporters,  many  from  his  home  region  of 
Nakhchivan,  continue  to  dominate  the  Government,  the  multiparty  125-member 
Parliament  chosen  in  the  November  1995  elections,  and  the  judiciary.  The  Constitu- 
tion, adopted  in  a  November  1995  referendum,  established  a  system  of  government 
based  on  a  division  of  powers  between  a  strong  presidency,  a  legislature  with  the 
power  to  approve  the  budget  and  impeach  the  President,  and  a  judiciary  with  lim- 
ited independence. 

After  years  of  interethnic  conflict  between  Armenians  and  Azerbaijanis,  Armenian 
forces  and  forces  of  the  self-styled  "Republic  of  Nagorno-Karabakh"  (which  is  not 
recognized  by  any  government)  occupy  20  percent  of  Azerbayan's  territory.  A  cease- 
fire was  concluded  in  1994,  and  the  peace  process  continues.  Serious  clashes  along 
the  Azerbaijan-Armenian  border  and  along  the  line  of  contact  with  Nagorno- 
Karabakh  in  the  spring  and  summer  caused  scores  of  casualties.  Military  operations 
continued  to  affect  the  civilian  population.  There  are  780,000  Azerbaijani  refugees 
and  internally  displaced  persons  (IDP's)  who  cannot  return  to  their  homes.  In  the 
part  of  Azerbaijan  that  the  Government  controls,  government  efforts  to  hinder  the 
opposition  continue  to  impede  the  transition  to  democracy.  In  the  part  of  Azerbaijan 
tnat  Armenians  control,  a  heavily  militarized  ruling  structure  prevents  ethnic 
Azerbaijanis  from  returning  to  their  homes. 

Police,  the  Ministry  of  Internal  Affairs,  and  the  Ministry  of  National  Security  are 
responsible  for  internal  security.  Members  of  the  police  committed  numerous  human 
ridits  abuses. 

The  economy  is  in  transition  from  central  planning  to  a  free  market.  A  highly  or- 
ganized system  of  corruption  and  patronage  hampers  economic  development.  The 
country  has  rich  petroleum  reserves  and  significant  agricultural  potential.  OU  and 
oil  products  are  the  largest  export,  followed  by  cotton.  Other  key  industries  are 
chemicals,  oil  field  machinery,  and  air  conditioning  equipment.  However,  most  in- 
dustry languishes  in  a  post-Soviet  depression.  The  Government  signed  five  oil  pro- 
duction sharing  agreements  with  foreign  oil  companies  in  1997,  bringing  the  total 
to  nine.  In  agriculture,  which  employs  35percent  of  the  labor  force,  the  leading 
crops  are  cotton,  grapes,  tea,  and  tobacco.  The  Government  continued  its  policies  oT 
fiscal  and  monetary  austerity,  inflation  continued  to  fall,  and  interest  rates  declined 


969 

to  less  than  half  of  1996  levels.  The  pace  of  privatization  accelerated  with  the  initi- 
ation of  auction  sales  of  shares  in  large  state-owned  enterprises.  Privatization  of  the 
cotton  gins  ended  the  Government's  monopoly  on  trade  in  cotton.  Privatization  of 
farmland  continued,  but  new  small  farmers  have  poor  access  to  credit  and  markets, 
and  commercial  agriculture  remains  weak.  Per  capita  gross  domestic  product  is 
about  $300  per  year.  According  to  the  World  Bank,  60  percent  of  citizens  live  in  pov- 
erty. Much  of  the  labor  force  is  "employed"  by  state  enterprises  that  operate  at  very 
low  levels  of  capacity  and  pay  their  workers  intermittenly  if  at  all.  The  overall  eco- 
nomic situation  of  the  average  citizen  remains  precarious,  although  in  urban  areas 
a  growing  moneyed  class  with  trade  and  oil-related  interests  has  emerged.  Economic 
opportunity  depends  on  connections  to  the  Government.  Severe  disparities  of  income 
have  emerged  that  are  partly  attributed  to  patronage  and  corruption. 

The  Government's  human  rights  record  continued  to  be  poor,  and  the  Government 
continued  to  commit  serious  abuses.  Police  beat  persons  in  custody,  and  some  beat- 
ings resulted  in  deaths.  Police  also  arbitrarily  arrested  and  detained  persons;  con- 
ducted searches  and  seizures  without  warrants;  and  suppressed  and  refused  to  allow 
peaceful  public  demonstrations.  In  most  instances,  the  Government  took  no  action 
to  punish  abusers.  In  a  variety  of  separate  incidents,  the  Government  arrested  at 
least  19  members  of  the  opposition  Azerbaijan  Popular  Front  Party.  Prison  condi- 
tions remained  harsh.  The  entire  judiciary  is  corrupt,  inefiicient,  and  subject  to  ex- 
ecutive influence.  The  Government  holds  about  120  political  prisoners.  The  Govern- 
ment tolerated  the  existence  of  many  opposition  political  parties,  although  it  contin- 
ued to  refuse  to  register  some  of  them.  The  Government  restricts  citizens'  ability 
to  change  their  government  peacefully.  The  Government  restricted  freedom  of 
speech,  press,  assembly,  association,  religion,  and  privacy  when  it  deemed  it  in  its 
interest  to  do  so.  Press  censorship  continued,  as  did  the  Government's  control  over 
the  broadcast  media.  Discrimination  against  ethnic  minorities  and  societal  discrimi- 
nation and  violence  against  women  are  problems.  Worker  rights  suffered  a  setback 
when  managers  in  the  state-owned  oil  industry,  without  a  vote  of  the  union  mem- 
bership, formed  a  progovemment  union  of  oil  and  gas  workers  to  displace  the  inde- 
pendent union  that  had  represented  the  interests  of  workers  in  those  industries. 

Nevertheless,  there  were  some  positive  signs.  Scores  of  opposition  and  independ- 
ent newspapers  continued  to  publish  and  discuss  a  wide  range  of  sensitive  domestic 
and  foreign  policy  issues.  The  Government  abolished  military  censorship  and  the 
press  began  open  discussion  of  the  issue  of  censorship.  Opposition  political  parties 
carried  on  a  variety  of  public  activities.  After  4  years  of  internal  exile,  and  2  months 
of  confinement  to  a  village,  former  president  Elchibey  returned  to  Baku  in  October 
and  resumed  full  political  activity.  Although  critical  of  certain  domestic  human 
rights  activists,  the  Government  was  open  to  limited  dialogue  with  domestic  and 
international  human  rights  organizations.  The  Government  arrested  two  police  offi- 
cials for  inflicting  injuries  on  detained  persons  that  resulted  in  death. 

Cease-fire  violations  by  both  sides  in  the  Nagorno-Karabakh  conflict  increased. 
They  resulted  in  injuries  and  deaths  among  combatants  and  the  taking  of  prisoners, 
including  civilians.  Insurgent  Armenian  forces  in  Nagorno-Karabakh  and  the  occu- 
pied territories  continued  to  prevent  the  return  of  IDPs  to  their  homes.  This  restric- 
tion resulted  in  significant  human  suffering  for  hundreds  of  thousands  of  people. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Shahin  Hamidov  died  in  January  as 
a  result  of  beatings  after  being  held  for  4  days  in  police  custody  in  the  province  of 
Barda.  The  provincial  prosecutor  opened  and  later  closed  an  investigation  without 
filing  charges.  After  having  been  beaten  in  a  Baku  police  station,  Firuz  Gurbanov 
died  in  August.  The  Government  arrested  a  police  ofiicial  in  this  case,  but  at  year's 
end  there  had  been  no  further  action.  Samir  Zulfugarov  died  in  a  Baku  police  sta- 
tion in  August  of  injuries  inflicted  while  in  police  custody.  A  police  official  is  under 
investigation  for  that  death.  None  of  the  three  victims  was  involved  in  politics. 

There  has  been  no  action  by  the  Government  in  the  killing  of  opposition  Azer- 
baijan Popular  Front  Member  of  Parliament  Shakhsultan  Jafarov  in  July  1995. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
All  sides  to  the  Nagorno-Karabakh  conflict  still  detain  prisoners.  The  International 
Committee  of  the  Red  Cross  (ICRC)  visited  26  persons  held  in  relation  to  this  con- 
flict. In  April  and  May,  the  parties  freed  27  persons  in  a  prisoner  exchange.  Subse- 
quently, Azerbaijan  has  detained  three  Armenians  and  Nagorno-Karabakh  authori- 
ties have  detained  three  Azerbaijanis.  The  ICRC  repeatedly  asked  the  concerned 
parties  for  notification  of  any  person  captured  in  relation  to  the  conflict,  access  to 
all  places  of  detention  connected  with  the  conflict,  and  release  of  all  such  persons. 


970 

The  ICRC  also  urged  the  parties  to  provide  information  on  the  fate  of  persons  re- 
ported as  missing  in  action.  The  Government  has  presented  to  the  ICRC  a  list  of 
856  persons  allegedly  held  by  the  Armenians. 

c.  Torture  ana  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Torture  is  illegal;  however,  the  police  practice  oi  beating  prisoners  during  arrest  and 
interrogation  was  widespread.  Severe  beatings  were  common  in  detention.  Three 
persons  died  after  being  oeaten  while  in  police  custody  (see  Section  l.a.). 

On  one  occasion,  police  beat  journalists  (see  Section  2.a.). 

Police  also  dispersed  demonstrators  by  force  (see  Section  2.b.). 

Prison  conditions  are  harsh.  The  quality  of  food,  housing,  and  medical  care  is 
poor.  Prisoners  often  must  rely  on  their  families  to  procure  food  and  medicine.  There 
are  widespread  and  credible  reports  that  authorities  deny,  or  give  inadequate,  medi- 
cal treatment  to  prisoners  with  serious  medical  conditions.  Authorities  severely  limit 
opportunities  for  exercise  for  prisoners  in  security  prisons. 

The  family  of  Kenan  Gurel,  who  was  convictea  of  participating  in  a  coup  attempt, 
reports  that  he  continues  to  receive  inadequate  treatment  lor  a  kidney  ailment. 

Human  rights  organizations  were  able  to  visit  a  prison  on  at  least  one  occasion. 
The  Government  continued  to  deny  the  ICRC  access  to  all  prisons,  except  those 
where  persons  held  in  relation  to  the  Nagorno-Karabakh  conflict  were  detained. 
Various  embassies  have  petitioned  the  Government  for  permission  to  visit  all  pris- 
ons. In  general,  when  asked,  the  authorities  grant  foreign  officials  access  to  regular 
prisons  to  visit  imprisoned  nationals  of  their  countries.  However,  the  Government 
denies  access  to  detainees  held  in  security  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^Arbitrary  arrests  without  legal  warrant 
occur.  Often  authorities  do  not  notify  family  members  after  arrests.  Frequently,  it 
is  days  before  family  members  are  able  to  obtain  information  as  to  whether  authori- 
ties have  arrested  someone  and  where  authorities  are  holding  the  detainee.  Family 
members  do  not  enjoy  the  right  of  visitation.  Authorities  generally  deny  bail  to  de- 
tained individuals  and  often  do  not  inform  detainees  of  the  charges  against  them. 
There  is  no  legal  protection  concerning  the  right  of  detainees  to  he  charged  or  re- 
leased within  a  certain  period  of  time,  or  for  accused  persons  to  receive  an  expedi- 
tious trial.  Access  to  lawyers  is  often  poor.  In  addition  police  sometimes  arrest  rel- 
atives of  suspects  being  sought  in  an  attempt  to  force  the  family  to  reveal  a  sus- 
pect's where  aoouts. 

During  the  year,  the  police  arrested  at  least  19  members  of  the  opposition  Azer- 
baijan Popular  Front  Party  and  held  them  for  short  periods.  Another  member  of  an 
opposition  party  was  arrested  and  sentenced  to  10  years'  imprisonment  for  illegal 
weapons  possession  and  for  forming  an  illegal  armed  group. 

The  Government  released  former  Prime  Minister  Panakh  Huseynov  in  February, 
after  detaining  him  for  9  months  without  charge.  Also  released  in  March  was  Azer- 
baijan Popular  Front  member  Kemal  Talibov,  who  was  held  for  6  months,  allegedly 
for  threatening  state  officials,  and  "hooliganism." 

At  least  two  persons,  an  aide  to  opposition  leader  Isa  Gambar  and  his  relative, 
are  known  to  be  detained  for  political  reasons;  they  were  charged  with  failure  to 
notify  the  Government  of  a  crime,  or  possession  of  weapons. 

The  Government  does  not  practice  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  a  judiciary  with  lim- 
ited independence.  The  President  appoints  Supreme  and  Constitutional  Court 
judges,  suDJect  to  confirmation  by  Parliament.  The  President  directly  appoints  lower 
level  judges  with  no  requirement  for  confirmation.  Constitutional  provisions  for  judi- 
cial independence  to  the  contrary,  judges  do  not  function  independently  of  the  execu- 
tive branch.  The  judicial  system  is  subject  to  the  influence  of  executive  authorities 
and  has  been  widely  seen  as  corrupt  and  inefficient. 

Courts  of  general  jurisdiction  may  hear  criminal,  civil,  and  juvenile  cases.  District 
and  municipal  courts  try  the  overwhelming  majority  of  cases.  The  Supreme  Court 
may  also  act  as  the  court  of  first  instance,  depending  on  the  nature  ana  seriousness 
of  the  crime. 

The  Government  organizes  prosecutors  into  offices  at  the  district,  municipal,  and 
republic  levels.  They  are  ultimately  responsible  to  the  Minister  of  Justice,  are  ap- 
pointed by  the  President,  and  confirmed  by  Parliament.  The  Constitution  prescribes 
equal  status  for  prosecutors  and  defense  attorneys  before  the  courts.  In  practice, 
however,  prosecutorial  prerogatives  still  generally  outweigh  those  of  defense  attor- 
neys. Investigations  often  rely  on  obtaining  confessions  rather  than  obtaining  evi- 
dence against  suspects. 

Cases  at  the  district  court  level  are  tried  before  a  panel  consisting  of  one  judge 
and  two  lay  assessors.  Judges  frequently  send  cases  unlikely  to  end  in  convictions 
back  to  the  prosecutor  for  "additional  investigation."  Such  cases  may  be  either 
dropped  or  closed,  occasionally  without  informing  the  court  or  the  defendant. 


971 

The  Constitution  provides  for  public  trials  except  in  cases  involving  state,  com- 
mercial, or  professional  secrets,  or  matters  involving  confidentiality  oT  personal  or 
family  matters.  The  Constitution  provides  for  the  presumption  of  innocence  in  crimi- 
nal cases,  and  numerous  other  rights,  including  an  exclusionary  rule  barring  the  use 
of  illegally  obtained  evidence,  a  suspect's  ri^t  to  legal  counsel,  to  be  informed  im- 
mediately of  his  legal  rights,  and  of  the  charges  against  him.  However,  the  Govern- 
ment has  not  made  significant  efforts  to  enforce  these  rights  throughout  the  crimi- 
nal justice  system.  Defendants  may  confront  witnesses  and  present  evidence.  The 
court  appoints  an  attorney  for  indigent  defendants.  Defendants  and  prosecutors 
have  the  right  of  appeal.  The  Government  has  generally  observed  the  constitutional 
provision  for  public  trial.  Foreign  and  domestic  observers  generally  were  able  to  at- 
tend trials.  However,  a  trial  of  leaders  of  the  Islamic  party,  which  resulted  in  sen- 
tences of  up  to  12  years,  was  held  without  public  observers. 

The  Government  held  approximately  120  political  prisoners  at  year's  end. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  secrecy  of  correspondence  and  telephone  conversations, 
subject  to  limits  provided  by  law  in  criminal  investigations  or  in  prevention  of  a 
crime.  The  Constitution  allows  searches  of  residences  only  with  a  court  order  or  in 
cases  provided  by  law.  However,  citizens  widely  believe  that  the  Ministry  of  Na- 
tional Security  monitors  telephones,  especially  those  of  foreigners  and  prominent  po- 
litical and  business  figures.  Police  often  conduct  searches  without  a  warrant,  and 
investigations  sometimes  resulted  in  confining  the  individuals  to  their  city  of  resi- 
dence or  a  brief  jail  sentence  for  questioning.  There  were  credible  reports  that  police 
arrested  relatives  of  suspects  to  compel  them  to  reveal  a  suspect's  whereabouts  (see 
Section  l.d.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  specifically  outlaws  press  censorship;  however,  the  Government 
often  did  not  respect  these  rights  in  practice.  The  Government  practiced  censorship 
and  created  an  atmosphere  in  which  journalists  exercised  self-censorship.  However, 
prominent  politicians  criticized  the  Government  publicly  without  reprisal. 

While  the  press  debated  a  wide  variety  of  sensitive  topics,  censorship  liniited  the 
public's  ability  to  be  informed  about  and  discuss  political  issues.  Most  newspapers 
are  printed  in  the  Government's  publishing  house.  They  must  submit  their  copy  to 
a  government  censor.  The  Government's  near  monopoly  of  publishing  facilities  en- 
abled it  to  exert  indirect  pressure  over  the  press  by  controlling  the  price  of  news- 
print, a  critical  matter  given  the  precarious  finances  of  most  opposition  newspapers. 
Censorship  continued  at  approximately  1996  levels.  Although  in  September  the  Gov- 
ernment ofTicially  abolished  censorship  of  military  topics,  censorship  of  political  top- 
ics continued.  The  Ministry  of  Information  can  legally  close  a  newspaper  for  1 
month  for  violating  censorship  rules.  Censors  deleted  portions  of  newspaper  articles 
or  entire  articles.  Journalists  often  exercise  self-censorship.  Two  major  opposition 
newspapers  claimed  that  74  and  84  of  their  issues,  respectively,  had  encountered 
censorship.  The  Government  banned  three  issues  of  smaller  opposition  newspapers. 
In  addition  the  Ministry  of  Information  withdrew  permission  to  publish  from  a 
newspaper  after  its  first  issue  appeared,  citing  the  newspaper's  "opposition  tend- 
ency" and  never  granted  it  permission  to  publish.  Police  on  one  occasion  in  Septem- 
ber beat  two  journalists;  one  of  them  was  hospitalized.  At  the  end  of  the  year,  two 
journalists  had  been  beaten;  no  investigation  conducted  into  the  beating  of^the  jour- 
nalists. No  journalists  were  detained  or  imprisoned.  However,  several  journalists 
were  prevented  from  visiting  former  president  Elchibey  (see  Section  2.d.).  Foreign 
journalist  Irena  Lasota,  editor  of  a  quarterly  journal,  was  searched  and  questioned 
by  armed  forces  personnel  after  interviewing  former  president  Elchibey  in  July. 

The  investigation  of  the  1996  beating  of  a  journalist  continued,  but  no  charges 
were  brought. 

Despite  government  censorship,  the  independent  and  opposition  press  continued 
to  play  an  active,  influential  role  in  politics.  Articles  critical  of  government  policy 
ana  high  government  figures  (with  the  exception  of  President  Aliyev)  appeared  rou- 
tinely in  the  opposition  and  independent  print  media.  Newspapers  began  to  discuss 
censorship  itself.  Newspapers  were  able  to  publish  articles  opposing  government 
views  in  sensitive  areas  such  as  Azerbaijan's  relations  with  Russia  and  Iran  and 
Nagorno-Karabakh  peace  negotiations.  Newspapers  also  exposed  government  short- 
comings in  economic  reform,  corruption  in  nigh  government  offices,  and  conflicts 
within  the  presidential  administration  and  the  President's  political  party. 

A  large  number  of  newspapers  continued  to  publish.  One  reliable  source  put  the 
number  of  registered  newspapers  at  375,  and  the  number  actually  publishing  at 
nearly  100.  These  included  independent  newspapers  and  newspapers  with  links  to 


972 

major  and  minor  opposition  parties.  Government-run  kiosks  and  independent  news 
distributors  distributed  opposition  and  independent  newspapers. 

The  Government,  however,  tightly  controlled  most  radio  and  television,  the  source 
of  information  for  most  of  the  population.  Opposition  parties  had  virtually  no  access 
to  the  official  electronic  media.  There  is  a  limited  range  of  private  television  sta- 
tions, and  some  of  them  are  accessible  only  to  those  local  residents  who  own  mod- 
em, foreign-produced  television  sets.  Independent  radio,  the  choice  of  the  over- 
whelming majority  of  listeners,  is  almost  entirely  entertainment  oriented.  Independ- 
ent television  and  radio  broadcasters  are  reluctant  to  air  controversial  political  top- 
ics due  to  fear  of  government  retaliation. 

The  Ministry  of  Justice  continued  to  deny  registration  to  nine  independent  tele- 
vision stations,  five  of  which  are  kept  from  broadcasting.  Eight  independent  tele- 
vision stations  continue  to  operate  in  Baku  and  other  regions.  Several  foreign  tele- 
vision stations  and  radio  programs  are  rebroadcast  locally  throu^  Azerbaijani  fa- 
cilities and  are  seen  and  heard  in  most  parts  of  the  country.  There  are  no  restric- 
tions on  reception  of  foreign  stations  via  satellite. 

Appointments  to  government-controlled  academic  positions  are  heavily  dependent 
on  political  connections.  Nevertheless,  several  professors  with  tenure  are  active  in 
opposition  parties.  There  were  no  complaints  oi  violation  of  academic  freedom  or  of 
censorship  of  books  or  academic  journals. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly;  however,  the  Government  restricts  this  right  when  it  decides 
that  it  is  in  its  interest  to  do  so.  The  Grovemment  denied  permission  for  several 
demonstrations  by  opposition  parties  in  the  capital.  It  dispersed  demonstrations  by 
force  on  at  least  two  occasions. 

The  Government  cited  no  clear  criteria  when  it  denied  permission  to  assemble. 
Authorities  frequently  prevent  opposition  political  parties  from  conducting  local  con- 
gresses, meetings,  and  outdoor  gatherings. 

The  Government  provides  for  freedom  of  association;  however,  the  Government  re- 
stricts this  right  when  it  decides  that  it  is  in  its  interest  to  do  so.  The  Government 
requires  political  parties  to  register.  There  are  nearly  40  registered  political  parties. 
Some  of  these  are  affiliated  with  or  support  the  President's  party.  At  least  10  reg- 
istered parties  are  considered  opposition  parties.  There  are  at  least  two  opposition 
parties  that  the  Government  continued  to  refuse  to  register.  Members  of  tne  Azer- 
baijan Democratic  Party,  long  unable  to  register,  staged  a  hunger  strike  that  lasted 
over  3  weeks  to  protest  the  Government's  refusal  to  register  it.  The  Supreme  Court 
in  December  overruled  the  Ministry's  refusal  to  register  the  party;  nowever,  at 
year's  end,  the  Grovemment  had  not  ofiicially  registered  the  party. 

The  Government  generally  allowed  associations  other  than  political  parties  to 
function  freely.  However,  the  Ministry  of  Justice  requires  private  organizations  to 
register.  The  Government  did  not  grant  this  registration  freely  and  expeditiously. 
It  denied  or  unduly  delayed  registration  for  numerous  private  voluntary  organiza- 
tions, including  three  private  human  rights  organizations.  Reports  of  harassment  of 
political  figures  continued.  There  were  credible  reports  of  individuals  linked  to  oppo- 
sition parties  being  fired  from  their  jobs. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  no  state  reUgion  and  allows 
people  of  all  faiths  to  practice  their  religion  without  restrictions.  The  Government 
respects  this  provision  in  practice  for  Shi'a  and  Sunni  Muslims,  Russian  Orthodox 
Christians,  and  Jews.  However,  a  law  on  foreigners  and  stateless  persons  contains 
language  that  prohibits  religious  "propaganda"  oy  foreigners.  This  provision  was  re- 
inforced by  a  presidential  decree  in  January.  The  law  on  religion  subordinates  all 
Islamic  religious  oivanizations  to  the  Azerbaijan-based  spiritual  Directorate  of 
Caucasus  Muslims.  Tnia  law  permits  the  production,  importation,  and  dissemination 
of  religious  literature  only  with  the  agreement  of  local  government  authorities.  The 
Ministry  of  Justice  continued  to  deny  registration  to  a  foreign  Christian  group,  but 
allowed  it  to  continue  to  function.  Registration  enables  a  religious  organization  to 
maintain  a  bank  account  legally,  rent  property,  and  generally  to  act  as  a  legal  en- 
tity. Lack  of  registration  makes  it  harder,  but  not  impossible,  for  a  religious  group 
to  function.  Non-Orthodox  Christian  groups  credibly  complained  of  official  harass- 
ment. Articles  appeared  sporadically  in  progovemment  and  independent  newspapers 
crudely  depicting  various  religious  groups,  including  some  non-Orthodox  Christian 
missionary  groups,  as  a  threat  to  national  identity,  traditions,  and  morals.  The  Gov- 
ernment arrested  a  member  of  the  Baku  community  of  Jehovah's  Witnesses  in  No- 
vember and  accused  him  of  attempting  to  bribe  a  state  official.  Prosecutors  ques- 
tioned other  Jehovah's  witnesses.  Members  of  this  community  report  that  an  official 
in  the  Baku  city  prosecutor's  office  struck  two  of  these  persons  during  questioning; 
one  of  them  sustamed  injuries.  The  official  was  subsequently  removed  from  the  case. 
Because  of  anti-Armenian  sentiment  and  the  forced  departure  of  most  of  the  Arme- 


973 

nian  population,  Armenian  churches  remained  closed.  Azerbaijan's  Jewish  commu- 
nity has  freedom  to  worship  and  conduct  educational  activities. 

There  is  some  evidence  of  strong  prejudice  against  ethnic  Azerbaijanis  who  have 
converted  to  Christianity.  A  Christian  Azerbaijani  was  detained  after  being  as- 
saulted by  another  Azerbaijani  while  he  was  engaging  in  religious  conversation  in 
a  public  park.  He  was  taken  to  a  police  station,  beaten,  and  sentenced  by  a  judge 
to  2  weeks  in  jail. 

Government  bias  against  foreign  missionary  groups  persists.  In  June  the  Govern- 
ment published  a  booklet  with  alarmist  warnings  against  foreign  missionaries,  list- 
ing names  and  addresses  of  missionary  offices  in  Azerbaijan.  The  book  cover  depicts 
a  cross  symbol  and  a  dagger  in  the  heart  of  a  map  of  Azerbaijan. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  the  right  of  citizens  to  choose  freely  their 
place  of  domicile  and  to  travel  abroad  and  return.  Residents  of  border  areas  in  both 
Azerbaijan  and  Iran  travel  across  the  border  in  this  restricted  zone  without  visas. 
Foreigners  and  citizens  require  a  visa  to  travel  to  the  Autonomous  Republic  of 
Nakhchivan.  There  were  reports  that  local  officials  denied  passports  to  members  of 
the  Armenian  minority  (see  Section  5). 

There  continue  to  be  bans  on  travel  outside  of  Baku  or  outside  the  country  on 
some  prominent  political  leaders  who  are  under  criminal  investigation.  Two  opposi- 
tion party  leaders  remain  under  such  restrictions:  Isa  Gambar  (charged  with  using 
military  force  in  the  context  of  a  rebellion  leading  to  the  overthrow  of  the  Elchibey 
government  in  1993);  and  Sulheddin  Akper,  under  investigation  for  his  role  in  the 
Popular  Front  government  of  1992-93.  Both  were  prevented  several  times  from  ac- 
cepting invitations  to  travel  abroad  and  did  not  travel  outside  the  country  this  year. 
For  2  months,  police  restricted  access  to  the  village  where  former  President  Elchibey 
resided,  and  prevented  several  journalists  and  Members  of  Parliament  from  travel- 
ing there  and  meeting  him.  In  October  Elchibey  was  allowed  to  return  to  Baku, 
where  he  resumed  full  political  activity. 

The  Government  officially  recognizes  freedom  of  emigration.  Jewish  emigration  to 
Israel  is  unrestricted.  However,  with  the  majority  of  those  who  wish  to  emigrate  al- 
ready having  left,  the  number  of  Jewish  emigrants  is  now  small.  The  remaining  Ar- 
menian population  in  Azerbaijan  (other  than  Armenians  residing  in  the  Nagorno- 
Karabakn  region  of  Azerbaijan)  is  approximately  10,000  to  20,000,  mostly  persons 
of  mixed  descent  or  in  mixed  marriages.  While  official  government  policy  is  that  Ar- 
menians are  free  to  travel,  low-level  officials  seeking  bribes  have  harassed  Arme- 
nians wishing  to  emigrate. 

There  were  no  draft  notifications  that  restricted  movement  during  the  year.  Draft- 
age  men  must  obtain  documents  from  military  officials  before  they  can  leave  for 
international  travel. 

The  number  of  refugees  and  internally  displaced  persons  is  approximately 
780,000.  Armenians  have  settled  in  parts  of  the  occupied  territories.  However,  the 
Armenians  have  not  allowed  the  hundreds  of  thousands  of  Azerbaijanis  who  were 
forced  out  of  the  now-occupied  territories  to  return  to  their  homes.  Most  of  these 
internally  displaced  persons  continue  to  live  in  camps  and  other  temporary  shelters, 
often  at  below-subsistence  levels,  without  adequate  food,  housing,  education,  or  med- 
ical care.  The  parties  to  the  conflict  have  cut  normal  trade  and  transportation  links 
to  the  other  side,  causing  severe  hardship  to  civilians  in  Nagorno-Karabakh,  Arme- 
nia, and  the  Azerbaijani  exclave  of  Nakhcnivan. 

The  Constitution  provides  for  political  asylum  consistent  with  international 
norms.  The  Grovernment  is  receptive  to  international  assistance  for  refugees  and  in- 
ternally displaced  persons.  It  cooperates  with  international  organizations  to  provide 
aid  for  them.  The  Government  cooperates  with  the  office  of  the  United  Nations  High 
Commissioner  for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  as- 
sisting refugees.  The  issue  of  the  provision  of  first  asylum  did  not  arise.  There  were 
no  reports  of  forced  expulsion  of  those  having  a  valid  claim  to  refugee  status.  Two 
Iraqi  refugees  ordered  by  the  Government  in  1996  to  leave  the  country  remain  while 
awaiting  refugee  processing  to  travel  to  a  third  country. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

In  theory  the  election  law  and  Constitution  allow  citizens  to  change  their  govern- 
ment by  peaceful  means.  However,  government  interference  in  past  elections  re- 
stricted citizens'  ability  to  change  their  government  peacefully. 

Azerbaijan  is  a  republic  with  a  strong  presidency,  and  a  legislature  that  the  Con- 
stitution describes  as  independent.  As  a  result  of  the  flawed  1995  parliamentary 
elections,  however,  the  New  Azerbaijan  party  led  by  President  Aliyev  and  other  par- 
ties and  nominally  independent  deputies  loyal  to  the  President  occupy  the  over- 


974 

whelming  majority  of  seats  in  the  125-member  Parliament.  Parties  considering 
themselves  as  belonging  to  the  opposition  hold  eight  seats.  Opposition  parties  con- 
tinued to  be  active  outside  the  Parliament,  agitating  for  their  views  in  their  news- 
papers and  through  public  statements.  However,  the  Government  continued  to  deny 
registration  to  at  least  two  opposition  parties  not  represented  in  Parliament  (see 
Section  2.b.).  Explicitly  ethnically  or  religiously  based  parties  were  prohibited  from 
participating  in  past  elections. 

In  practice  the  legislature's  independence  from  the  executive  is  marginal.  The 
Parliament  exercises  little  legislative  initiative  independent  of  the  executive. 

Following  Rasul  Guliyev's  forced  resignation  as  Speaker  of  Parliament  in  1996 
and  reports  in  December  that  he  would  run  for  president  in  1998,  the  Parliament 
stripped  him  of  his  mandate  as  a  Member  of  Parliament. 

The  Constitution,  adopted  in  1995,  required  the  formulation  of  a  municipal  elec- 
tion law  and  the  holding  of  municipal  elections  by  November  1997.  As  of  year's  end, 
such  a  law  had  not  been  passed  and  elections  were  not  held  by  the  constitutionally 
mandated  date. 

The  Constitution  allows  citizens  to  file  court  proceedings  to  challenge  illegal  ac- 
tions of  government  officials.  However,  citizens  rarely  made  use  of  this  provision, 
preferring  to  appeal  to  higher  levels  of  authority,  up  to  and  including  the  human 
rights  committee  of  the  legislature,  and  the  President. 

There  are  no  legal  restrictions  on  women's  participation  in  politics.  However,  tra- 
ditional social  norms  restrict  women's  roles  in  politics.  Men  cast  the  votes  of  their 
wives  and  other  female  members  of  their  families  in  past  elections.  There  are  11 
female  members  of  Parliament  and  2  women  with  ministerial  rank. 

There  are  no  restrictions  on  the  participation  of  minorities  in  politics  as  individ- 
uals. However,  explicitly  ethnically  or  religiously  based  parties  were  prohibited  from 
participating  in  past  elections.  Members  of  indigenous  ethnic  minorities  such  as 
Talysh,  Lezghis,  and  Kurds  occupy  some  senior  government  positions. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Several  human  rights  organizations  monitor  the  human  rights  situation  in  the 
country.  For  the  most  part,  the  (jovernment  posed  no  objections  to  international 
human  rights  groups.  Some  of  these  groups  investigate  human  rights  abuses  and 
disseminate  their  findings  through  the  media.  The  Government,  however,  has  been 
critical  of  certain  domestic  human  rights  activists  who  have  raised  politically  sen- 
sitive issues.  Eighteen  local  women's  groups  are  active. 

The  Government  has  demonstrated  a  limited  willingness  to  discuss  human  rights 
problems  with  international  government  and  nongovernmental  organizations 
(NGO's).  The  Ministry  of  Justice  allowed  representatives  of  local  NGO  human  rights 
organizations  to  visit  a  prison.  The  ICRC  has  had  access  to  prisoners  of  war  as  well 
as  civilians  held  in  relation  to  the  conflict  over  Nagorno-Karabakh.  However,  the 
ICRC  has  requested  and  been  denied  access  to  prisoners  not  related  to  the  Nagorno- 
Karabakh  conflict  being  held  in  special  security  and  other  prisons. 

Ministry  of  Interior  officials  conducted  discussions  with  the  Azerbaijani  National 
Committee  of  the  Helsinki  Citizens  Assembly  on  human  rights  violations  by  police 
and  mistreatment  of  detainees.  However,  when  that  organization's  representative 
complained  about  the  country's  treatment  of  ethnic  Armenians,  the  Government's 
political  party  launched  a  press  campaign  against  her,  accusing  her  of  cooperation 
with  foreign  intelligence  services.  In  addition  government  newspapers  published  ar- 
ticles accusing  the  chairman  of  another  human  rights  organization  of  cooperation 
with  foreign  intelligence  organizations.  In  a  November  speech.  President  Aliyev  ac- 
cused domestic  human  rights  advocates  of  spreading  lies  and  rumors  and  of  cooper- 
ating with  foreign  special  services.  In  the  same  speech,  he  included  conciliatory  re- 
marks toward  opposition  parties.  The  Ministry  of  Justice  continued  to  deny  registra- 
tion to  several  human  rights  groups,  but  the  Government  has  not  tried  to  halt  their 
activities.  Registration  enables  a  human  rights  organization  to  maintain  a  bank  ac- 
count legally,  rent  property,  and  generally  to  act  as  a  legal  entity.  Lack  of  registra- 
tion makes  it  harder,  but  not  impossible,  for  a  human  rights  group  to  function. 

The  ICRC  conducted  education  programs  on  international  humanitarian  law  for 
officials  of  the  Ministries  of  Interior  and  Defense,  and  for  university  and  secondary 
school  students.  Government  officials  participated  in  UNHCR-organized  training 
sessions  aimed  at  reforming  the  Law  on  Refugees  and  Displaced  Persons. 

A  local  NGO  published  a  monthly  bulletin  listing  cases  of  human  rights  violations 
taken  from  the  press. 


975 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equal  rights  without  respective  for  gender,  race,  na- 
tionality or  national  origin,  religion,  language,  social  status,  or  mernbership  in  polit- 
ical parties,  trade  unions,  or  other  public  organizations.  However,  in  the  wake  of  the 
Nagorno-Karabakh  conflict,  there  is  widespread  anti-Armenian  sentiment  in  society. 
Preventing  discrimination  is  not  a  major  government  priority. 

Women. — Discussion  of  violence  against  women  is  a  taboo  subject  in  Azerbaijan's 
patriarchal  society.  In  rural  areas,  women  have  no  real  recourse  against  violence  by 
their  husbands,  regardless  of  the  law.  Rape  is  severely  punishable,  but,  especially 
in  rural  areas,  only  a  small  fraction  of  offenses  against  women  are  reported  or  pros- 
ecuted. Police  statistics  note  44  cases  of  rape  in  the  first  8  months  of  tne  year.  These 
figures  probably  reflect  underreporting,  especially  from  the  conservative  rural  areas. 
There  are  no  specific  laws  concerning  spousal  abuse  or  spousal  rape. 

Women  nominally  enjoy  the  same  legal  rights  as  men,  including  the  right  to  par- 
ticipate in  all  aspects  of  economic  and  social  life.  In  general  women  have  extensive 
opportunities  for  education  and  work.  However,  traditional  social  norms  continue  to 
restrict  women's  roles  in  the  economy.  Representation  of  women  is  sharply  lower  in 
higher  levels  of  the  work  force.  There  are  few  women  in  executive  positions  in  lead- 
ing economic  enterprises. 

The  Association  for  the  Defense  of  Rights  of  Azerbaijani  Women  spends  most  of 
its  time  fighting  uniquely  post-Soviet  problems.  It  has  helped  divorcea  women,  wid- 
ows, and  wives  whose  husbands  are  in  prison,  all  of  whom  have  become  socially  and 
legally  vulnerable  since  the  fall  of  the  Soviet  Union.  It  assisted  widows  whose  land- 
lords privatized  their  apartments  and  then  evicted  them.  It  also  worked  with  di- 
vorced women  who  feel  unfairly  treated  by  divorce  courts. 

Children. — The  Constitution  and  laws  commit  the  Government  to  protecting  the 
rights  of  children  to  education  and  health.  Difficult  economic  circumstances  limit  the 
Government's  ability  to  carry  out  these  commitments.  Education  is  compulsory  until 
age  17.  The  Constitution  places  children's  rights  on  the  same  footing  as  those  of 
adults.  The  Criminal  Code  prescribes  severe  penalties  for  crimes  against  children. 
The  Government  provides  minimum  standards  of  health  care  for  children,  although 
the  quality  of  medical  care  overall  has  fallen  dramatically  since  the  collapse  of  tne 
Soviet  Union.  The  Government  has  authorized  subsidies  for  children  in  an  attempt 
to  shield  families  against  economic  hardship  in  the  wake  of  price  liberalization.  The 
subsidies  do  not  come  close  to  covering  the  shortfall  in  family  budgets,  and  the  Gov- 
ernment does  not  have  the  financial  means  to  meet  its  commitments.  There  are  a 
large  number  of  refugee  and  displaced  children  living  in  substandard  conditions  in 
refugee  camps  and  public  buildings.  Children  beg  on  the  streets  of  Baku  and  other 
towns. 

People  With  Disabilities. — The  law  on  support  for  the  disabled,  enacted  in  1993, 
prescribes  priority  for  invalids  and  the  disabled  in  obtaining  housing,  as  well  as  dis- 
counts for  public  transport,  and  pension  supplements.  The  Government  does  not 
have  the  means  in  its  current  financial  crisis  to  fulfill  its  commitments.  There  are 
no  special  provisions  in  the  law  mandating  accessibility  to  buildings  for  the  dis- 
ablea. 

National  / Racial  / Ethnic  Minorities. — ^The  outbreak  of  hostilities  and  anti-Arme- 
nian riots  in  the  final  years  of  the  Soviet  Union  led  to  the  expulsion  of  many  Arme- 
nians and  the  departure  of  others.  An  estimated  10,000  to  20,000  Armenians  still 
live  in  Azerbaijan,  mostly  in  mixed  Azerbaijani-Armenian  families.  Some  have 
changed  their  nationality,  as  reported  in  their  passports,  to  Azerbaijani.  With  the 
nearly  complete  departure  of  the  Armenian  population,  the  number  of  problems  re- 
ported by  this  ethnic  minority  has  decreased.  The  leader  of  a  local  human  rights 
NGO  complained  of  officially  sponsored  discrimination  against  Armenians  (see  Sec- 
tion 4).  Armenians  have  complained  of  discrimination  in  employment  and  harass- 
ment at  schools  and  workplaces,  and  of  refusal  of  local  government  authorities  to 
grant  Armenians  passports  or  pay  pensions.  Armenian  widows  have  had  permits  to 
live  in  Baku  revoked.  However,  some  persons  of  mixed  Armenian-Azerbaijani  de- 
scent continue  to  occupy  government  positions. 

Indigenous  ethnic  minorities  such  as  the  Talysh,  Lezghis,  Avars,  and  Georgians 
do  not  suffer  discrimination.  However,  Meskhetian  Turks  displaced  from  Central 
Asia  as  well  as  Kurdish  displaced  persons  from  the  Lachin  region  complain  of  dis- 
crimination. 

In  the  area  of  the  country  controlled  by  insurgent  (Armenian)  forces,  the  Arme- 
nians forced  approximately  550,000  ethnic  Azerbaijanis  to  flee  their  homes.  The  re- 
gime that  now  controls  these  areas  has  effectively  banned  ethnic  Azerbaijanis  from 
all  spheres  of  civil,  political,  and  economic  life. 


976 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Most  labor  unions  still  operate  as  they  did  under  the 
Soviet  system  and  remain  tightly  linked  to  the  Government.  The  Constitution  pro- 
vides for  freedom  of  association,  including  the  right  to  form  labor  unions.  However, 
one  or  another  subbranch  of  the  government-run  Azerbaijani  Labor  Federation  orga- 
nizes most  industrial  and  white-collar  workers.  Most  major  industries  remain  state- 
owned. 

Furthermore,  the  Government  undermined  the  sole  significant  independent  labor 
union,  the  Free  Trade  Union  of  Azerbaijan  Oil  and  Gas  Industry  Employees.  In  May 
management  officials  of  the  State  Oil  Company  of  the  Azerbaijan  Republic  (SOCAR) 
formed  a  new,  progovemment  union,  the  Azerbaijan  Oil  and  Gas  Industry  Workers 
Trade  Union.  The  new  union  installed  a  senior  SOCAR  manager  as  its  chairman, 
enrolled  most  subbranches  of  the  old  union  in  its  ranks  without  a  vote  of  the  rank 
and  file,  and  took  over  the  headquarters  of  the  free  trade  union.  An  independent 
group  of  oil  workers,  the  Committee  to  Defend  the  Rights  of  Azerbaijani  Oil  Work- 
ers, operates  outside  established  trade  union  structures  and  promotes  the  interests 
of  workers  in  the  petroleum  sector. 

The  Constitution  provides  for  the  right  to  strike,  and  there  are  no  legal  restric- 
tions on  strikes  nor  provisions  for  retribution  against  strikers.  After  a  history  of 
wildcat  strikes  in  the  oil  industry  in  which  some  striking  workers  were  fired,  there 
were  no  reported  strikes  in  that  sector  during  the  year.  Oil  workers  continue  to  de- 
mand restoration  of  wage  arrears  amounting  to  several  months  pay.  Employers  did 
not  meet  assurances  to  restore  back  pay.  There  are  no  established  mechanisms  to 
avoid  wildcat  strikes. 

Unions  are  free  to  form  federations  and  to  affiliate  with  international  bodies,  how- 
ever, none  has  done  so. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — ^There  is  effectively  no  system 
of  collective  bargaining.  Government-appointed  boards  and  directors  run  the  major 
enterprises  and  set  wages.  Unions  do  not  participate  in  determining  wage  levels.  In 
a  carryover  from  the  Soviet  system,  both  management  and  workers  are  considered 
members  of  the  professional  unions. 

There  are  no  export  processing  zones.  Although  there  has  been  a  United  Nations 
Development  Program-supported  effort  underway  to  create  an  economic  zone  in 
Sumgait  since  1995,  Parliament  has  not  considered  legislation  to  create  such  a  zone. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  allows  forced  or 
compulsory  labor  only  under  states  of  emergency  or  martial  law,  or  as  the  result 
of  a  court  decision  affecting  a  condemned  person.  The  Government  has  not  invoked 
this  clause.  Two  departments  in  the  General  Prosecutors  Office  (the  Department  of 
Implementation  of  the  Labor  Code  and  the  Department  for  Enforcement  of  the  Law 
on  Minors)  enforce  the  prohibition  on  forced  or  compulsory  labor.  There  are  no  con- 
stitutional provision  or  law  specifically  prohibiting  forced  and  bonded  labor  by  chil- 
dren, but  such  practices  are  not  known  to  occur.  There  were  no  reports  this  year 
of  compulsory  cotton  picking  by  children  or  adults. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment does  not  specifically  prohibit  forced  and  bonded  labor  by  children,  but  such 
practices  are  not  known  to  occur  (see  Section  6.c.).  The  minimum  employment  age 
is  16  years.  Primary  school  education  is  compulsory,  free,  and  universal.  Children 
are  normally  in  school  until  the  age  of  17.  The  law  allows  children  of  age  14  to  work 
during  vacations  with  the  consent  of  their  parents  and  certification  of  a  physician. 
Children  of  age  15  may  work  if  the  workplace's  labor  union  does  not  object.  There 
is  no  explicit  restriction  on  the  kinds  of  labor  that  children  of  age  15  may  perform 
with  union  consent.  The  Labor  and  Social  Security  Ministry  has  primary  enforce- 
ment responsibility  for  child  labor  laws.  With  high  adult  unemployment,  there  have 
been  few,  if  any,  complaints  of  abuses  of  child  labor  laws. 

e.  Acceptable  Conditions  of  Work. — The  Government  sets  the  nationwide  adminis- 
trative minimum  wage  by  decree.  It  is  $1.40  (5,500  manat)  per  month.  The  wage 
is  not  sufficient  to  provide  a  decent  standard  of  living  for  a  worker  and  family.  The 
recommended  montnly  wage  level  to  meet  basic  subsistence  needs  was  estimated  to 
be  $78  (310,000  manat).  There  seems  to  be  no  active  mechanism  to  enforce  the  mini- 
mum wage.  However,  since  most  people  who  work  earn  more  than  the  minimum 
wajge,  its  low  level  is  not  a  major  issue  in  labor  or  political  debate. 

Trie  disruption  of  economic  links  with  the  rest  of  the  former  Soviet  Union  contin- 
ues to  affect  employment  in  many  industries.  Idle  factory  workers  typically  receive 
less  than  half  ot  their  former  wage.  Under  these  conditions,  many  workers  rely  on 
the  safetv  net  of  the  extended  family.  More  workers  and  unemployed  persons  turn 
to  secona  jobs  and  makeshift  employment  in  the  informal  sector,  such  as  operating 
the  family  car  as  a  taxi,  selling  produce  from  private  gardens,  or  operating  small 


977 

roadside  shops.  Combinations  of  these  and  other  strategies  are  the  only  way  for 
broad  sectors  of  the  urban  population  to  reach  a  subsistence  income  level. 

The  legal  workweek  is  41  hours.  There  is  a  1-hour  lunch  break  per  day  and  short- 
er breaks  in  the  morning  and  afternoon.  The  Government  does  not  enforce  these 
rules  in  the  informal  sector. 

Health  and  safety  standards  exist,  but  they  are  usually  ignored  in  the  workplace. 
Workers  cannot  leave  dangerous  work  conditions  without  fear  of  losing  their  jobs. 


BELARUS 

Belarus  has  a  government  in  which  nearly  all  power  rests  in  the  hands  of  the 
President.  Since  his  election  in  July  1994  as  the  country's  first  President,  Aleksandr 
Lukashenko  has  steadily  amassed  power.  He  held  a  November  1996  referendum  to 
amend  the  1994  Constitution,  which  broadened  his  powers  and  extended  his  term 
in  office.  The  President  ignored  the  then  Constitutional  Court's  ruling  that  the  Con- 
stitution could  not  be  amended  by  referendum,  and  implemented  the  referendum's 
provisions.  As  a  result  of  the  President's  actions,  the  Government  and  political  sys- 
tem are  based  on  the  November  1996  version  of  the  Constitution,  which  was  adopt- 
ed in  an  unconstitutional  manner.  Most  members  of  the  international  community 
criticized  the  results  of  the  flawed  referendum  because  it  violated  fundamental 
democratic  principles,  and  they  do  not  recognize  the  legitimacy  of  the  1996  Constitu- 
tion or  the  legislature.  Although  the  1996  Constitution  provides  for  executive,  legis- 
lative, and  judicial  branches  it  does  not  provide  adequate  checks  and  balances  and, 
as  a  result,  nearly  all  authority  rests  in  the  hands  of  the  President.  The  President 
appoints  the  Cabinet  of  Ministers,  the  executive  heads  of  the  country's  6  provinces, 
and  6  of  the  12  Constitutional  Court  Justices  (including  the  Chair,  as  well  as  the 
Chairs  of  the  Supreme  and  Supreme  Economic  Courts).  Presidential  decrees  made 
when  the  legislature  is  out  of  session  have  the  force  of  law,  except — in  theory — in 
those  cases  restricted  by  the  1996  Constitution.  The  1996  Constitution  also  allows 
the  President  to  issue  decrees  having  the  force  of  law  in  circumstances  of  "specific 
necessity  and  urgency,"  a  provision  that  President  Lukashenko  has  broadly  inter- 
preted. Citing  the  re^rendum  results,  which  created  a  bicameral  legislature,  F*resi- 
dent  Lukashenko  urged  legislators  to  defect  from  the  legitimate  parliament,  which 
he  disbanded  in  November  1996.  The  acting  legislature  was  not  directly  elected  but 
was  created  out  of  the  remnants  of  the  former  parliament  through  a  combination 
of  volunteers,  presidential  appointments,  and  regional  council  elections.  The  Con- 
stitution limits  the  legislature  to  meeting  twice  per  year  for  no  more  than  a  total 
of  170  days.  The  judiciary  is  not  independent. 

The  Committee  for  State  Security  (KGB)  and  Ministry  of  Internal  Affairs  (MVD), 
both  answerable  to  the  President,  continued  to  be  the  chief  law  enforcement  and  po- 
lice organs.  Under  President  Lukashenko's  direction,  the  Presidential  Guard — ini- 
tially created  to  protect  senior  officials — continued  to  act  against  the  President's  po- 
litical enemies,  with  no  judicial  or  legislative  oversight.  Members  of  the  security 
forces  committed  numerous  human  rights  abuses. 

The  economy  grew  in  1997,  largely  due  to  government  credits  to  state  enterprises. 
Economic  experts  do  not  consider  this  approach  to  growth  sustainable  over  time. 
The  Cxovemment  continued  limited,  small-scale  privatization,  but  did  not  take  steps 
toward  privatizing  or  restructuring  large  state  enterprises.  Most  state  enterprises 
and  collective  farms  reportedly  operate  at  a  loss.  The  (jovemment  controls  the 
prices  of  staple  food  products.  The  Crovemment's  exchange  rate  policy  has  resulted 
in  a  critical  shortage  of  foreign  currency  reserves  and  stifled  the  export  sector.  Per 
capita  gross  national  product  was  $1,308  in  1996.  Leading  exports  are  transport  ve- 
hicles, mineral  products,  and  machinery.  The  majority  oi  workers  are  employed  in 
the  industrial  and  agricultural  sectors.  While  standards  of  living  continue  to  decline 
for  many  segments  of  society,  people  sustain  themselves  through  unreported  eco- 
nomic activity  and  kitchen  gardens. 

The  Government's  human  rights  record  again  worsened  significantly  as  the  Presi- 
dent continued  to  lead  Belarus  back  toward  Soviet-era  authoritarian  practices.  The 
(jovemment  severely  limits  the  right  of  citizens  to  change  their  government.  Secu- 
rity forces  reportedly  beat  detainees  and  prisoners  regularly.  Severe  hazing  in  mili- 
tary units  abated,  but  was  not  eradicated.  Prison  conditions  remained  poor.  Security 
forces  arbitrarily  arrested  and  detained  citizens. 

Prolonged  detention  and  delays  in  trials  were  common.  The  security  services  in- 
fringed on  citizens'  privacy  rights  and  monitored  the  activities  of  opposition  politi- 
cians and  other  segments  of  the  population  closely.  Restrictions  on  freedoms  of 
speech,  the  press,  and  peaceful  assembly  all  increased  and  the  Government  did  not 


978 

respect  freedom  of  association.  Formations  of  MVD  troops  used  force  to  break  up 
political  demonstrations  and  again  made  mass  arrests. 

International  human  rights  monitors  were  closely  monitored,  and  frequently  har- 
assed. Discrimination  ana  domestic  violence  against  women  remainea  sigmficant 
problems.  Authorities  continued  to  restrict  workers'  rights  to  associate  freefy  and  to 
organize  and  bargain  collectively.  The  Government  continued  to  restrict  worker 
ri^ts. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  1996  Constitution  provides  for  the  inviolability  of  the  person  and  specifically 

f>rohibits  torture,  as  well  as  cruel,  inhuman,  or  degrading  punishment.  However,  po- 
ice  and  prison  guards  reportedly  regularly  beat  detainees.  Law  enforcement  and 
prison  officials  may  use  pnysical  force  against  detainees  and  prisoners  if  the  latter 
are  violent,  have  refused  to  obey  the  instructions  of  the  prison  administration,  or 
have  "maliciously  violated  the  terms  of  their  sentences.  However,  human  rights 
monitors  credibly  repwrt  that  investigators  coerce  confessions  using  physical  and 
psychological  pressure.  Although  such  behavior  is  against  the  law,  the  Government 
seldom,  if  ever,  punishes  people  who  commit  such  abuses.  Guards  used  force  against 
the  detainees  to  coerce  confessions  as  well  as  during  routine  activities. 

In  July  and  August,  security  forces  detained  seven  employees  of  the  Russian  tele- 
vision station  ORT,  and  charged  them  with  attempting  to  illegally  cross  the 
Belarusian-Lithuanian  border  (see  Section  l.d.  and  2. a.)  Two  of  the  journalists,  Rus- 
sian citizen  Anatoliy  Adamchuk  and  Belarusian  citizen  Dimitry  Zavadsky,  sent  pur- 
{)orted  confession  letters  to  President  Lukashenko,  but  after  their  respective  re- 
eases,  each  claimed  that  the  letters  were  written  under  duress  and  psychological 
pressure. 

The  Ministry  of  Defense  announced  in  1996  that  "dedovshchina,"  the  practice  of 
hazing  new  recruits,  would  no  longer  be  tolerated.  This  practice  of  severe  harass- 
ment and  physical  abuse  of  new  draftees  by  senior  soldiers  to  maintain  strict  dis- 
cipline has  abated,  but  human  rights  groups  continue  to  receive  some  reports  that 
hazing  continues  and  that  the  military  does  not  consistently  punish  offenders. 

Prison  conditions  are  poor,  and  are  marked  by  severe  overcrowding,  shortages  of 
food  and  medicine,  and  the  spread  of  diseases  such  as  tuberculosis  and  syphilis. 
Conditions  at  prison  hospitals  are  similarly  poor,  according  to  human  rights  mon- 
itors. Detainees  in  pretrial  detention  facilities  also  reported  poor  conditions  and  de- 
nial of  medical  treatment,  which  contributed  to  declining  health  while  they  awaited 
trial. 

Former  National  Bank  Chairwoman  Tamara  Vinnikova's  attorney  reported  that 
Vinnikova  suffered  from  a  serious  kidney  ailment  and  cancer.  Vinnikova,  who  had 
been  detained  since  January  without  formal  charge  (see  Section  l.d.  and  Section  5), 
petitioned  to  seek  treatment  at  a  facility  other  than  the  KGB  prison  clinic,  which 
is  regarded  as  inferior  to  other  hospitals  (see  Sections  l.d.  and  I.e.).  She  was  re- 
leased from  detention  in  November  but  remains  under  house  arrest. 

Prison  officials  refused  proper  medical  treatment  to  Albert  Lavrenev,  a  Jewish 
doctor,  detained  between  July  1996  and  August  1997  on  the  charge  of  complicity  in 
the  murder  of  his  elderly  neighbor  (see  Section  I.e.  and  Section  5).  According  to  his 
family  and  local  human  rights  observers,  Lavrenev's  shoulder  was  broken  by  prison 
guards  while  he  was  in  detention;  he  also  had  a  kidney  ailment.  With  Lavrenev's 
health  in  serious  jeopardy,  a  judge  released  Lavrenev  in  August  pending  a  new  trial. 
Human  rights  monitors  were  granted  access  to  observe  prison  conditions,  though 
the  Government  did  not  honor  some  requests  to  meet  with  individual  prisoners. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Belarus  has  only  slightly  amended  its  So- 
viet-era law  on  detention.  Security  forces  arbitrarily  arrested  and  detained  citizens, 
most  often  in  connection  with  demonstrations,  some  of  which  were  not  authorized. 
The  Criminal  Procedure  Code  provides  that  police  may  detain  a  person  suspected 
of  a  crime  for  24  hours  without  a  warrant,  within  which  time  the  procurator  is  noti- 
fied. The  procurator  then  has  48  hours  to  review  the  legality  of  the  detention.  If 
the  procurator  deems  the  detention  legal,  a  suspect  can  be  held  for  a  maximum  of 
10  days  without  formal  charge.  However,  usually,  once  the  decision  is  made  to  hold 
a  suspect,  a  formal  charge  is  made.  Once  a  suspect  is  charged,  a  trial  must  be  initi- 
ated within  2  months,  although  in  some  cases  the  Procurator  General  can  extend 
pretrial  detention  to  18  months  to  allow  for  further  investigation.  Alternatively,  a 


979 

suspect  who  has  been  charged  can  be  released  on  a  written  pledge  not  to  flee,  in 
which  case  there  is  no  time  limit  on  the  pretrial  investigation.  The  law  allows  de- 
tainees the  right  to  apply  to  the  court  (ratner  than  the  procurator)  to  determine  the 
legality  of  their  detentions.  In  practice,  however,  suspects'  appeals  to  have  their  de- 
tentions reviewed  by  the  courts  frequently  are  suppressed  because  the  detainees  are 
at  the  mercy  of  investigators  and  detention  officials  are  unwilling  to  forward  the  ap- 
peals. According  to  the  Belarusian  Helsinki  Committee,  there  are  65,000  persons  in 
detention;  no  statistics  are  available  as  to  the  number  of  persons  who  are  in  pretrial 
detention  and  the  length  of  their  detentions. 

By  law  detainees  may  be  allowed  unlimited  access  to  legal  counsel  and,  for  those 
who  cannot  afford  counsel,  the  court  appoints  a  lawyer.  However,  investigators  rou- 
tinely fail  to  inform  detainees  of  their  rights  and  conduct  preliminary  interrogations 
without  giving  detainees  an  opportunity  to  consult  counsel.  The  information  gained 
is  then  used  against  the  defendant  in  court. 

Prisoners  and  lawyers  both  report  restrictions  on  consultations.  In  August  inves- 
tigators reportedly  confiscated  notes  taken  by  an  attorney  during  a  private  meeting 
with  her  client,  Dimitry  Zavadsky,  a  journalist  for  Russian  television  who  was  de- 
tained and  charged  with  illegally  working  on  crossing  the  Belarusian-Lithuanian 
border  while  doing  a  news  story  about  the  border.  (See  Section  2. a.) 

There  were  hundreds  of  political  detainees  during  the  year.  Most  were  peaceful 
participants  in  antigovemment  demonstrations  who  were  held  anywhere  from  sev- 
eral hours  to  several  days.  The  police  also  detained  journalists  (see  Section  2. a.). 
Throughout  the  spring,  unidentified,  nonuniformed  officials  working  for  the  security 
services  apprehended  participants  in  antigovemment  demonstrations  (see  section 
2.b.).  There  are  credible  reports  that  officers,  who  presumably  worked  for  the  secu- 
rity services,  infiltrated  the  antigovemment  demonstrations,  and  provoked  incidents 
that  leading  to  clashes  with  security  forces.  Security  forces  were  then  given  signals 
indicating  which  demonstrators  to  follow  in  order  to  apprehend  them  at  their 
homes. 

Security  forces  occasionally  preemptively  apprehended  organizers  and  individuals 
considered  to  be  potential  participants  prior  to  demonstrations,  including  those  that 
had  been  sanctioned  by  the  Government  (see  Section  2.b.).  On  February  13,  militia 
officers  detained  Vitaly  Umreiko,  a  member  of  the  youth  wing  of  the  Belarusian 
Popular  Front,  and  reportedly  sentenced  him  to  5  days  in  prison  for  his  alleged  fail- 
ure to  pay  a  fine  for  a  past  offense.  The  militia  reportedly  ofTered  to  release  him 
if  he  promised  to  urge  participants  in  the  following  aay's  antigovemment  protest  to 
disperse. 

On  April  2,  police  forcibly  detained  former  chairman  of  the  Supreme  Soviet 
Stanislav  Shushlcevich  while  he  was  on  his  way  to  an  art  exhibit,  apparently  be- 
cause they  mistakenly  assumed  that  he  would  take  part  in  a  simultaneous 
antigovemment  demonstration  occurring  elsewhere  in  the  city. 

In  May  police  detained  two  students  from  the  Belarusian  Humanitarian  Lyceum 
who  happened  to  be  in  a  location  where  an  unauthorized  political  meeting  was 
scheduled  to  be  held.  Police  reportedly  attempted  to  coerce  tne  students  to  sign  a 
statement  attesting  to  their  participation  in  an  unsanctioned  demonstration. 

Following  demonstrations,  police  held  many  detainees  incommunicado.  Police  did 
not  allow  detainees  who  participated  in  demonstrations,  including  minor  children, 
to  inform  their  families  of  their  whereabouts.  Due  to  the  large  numbers  of  detainees 
after  antigovemment  rallies,  police  moved  detainees  outside  of  the  district  where  al- 
leged offenses  took  place,  in  violation  of  the  law.  Noting  this  trend,  the  Belarusian 
Helsinki  Committee  began  to  send  monitors  to  all  of  the  Minsk  area  detention  facili- 
ties after  demonstrations  to  ascertain  which  persons  had  been  picked  up  and  inform 
their  families. 

Following  the  March  15  demonstration  marking  the  anniversary  of  the  adoption 
of  the  superseded  1994  Constitution  as  a  protest  against  the  implementation  of  the 
1996  Constitution,  police  officers  attempted  to  detain  the  organizers  of  the  event. 
They  went  to  opposition  leader  Gennadiy  Karpenko's  home,  but  Karpenko  refused 
to  allow  the  officers  in,  citing  a  provision  of  the  law  that  allows  citizens  to  deny  po- 
lice entry  after  10:00  p.m.  The  following  day,  police  officers  returned  to  Karpenko's 
home  with  dogs,  but  he  was  not  there.  On  March  17,  Karpenko  telephoned  for  an 
ambulance  because  he  was  suffering  from  high  blood  pressure.  The  police,  who  ap- 
parently were  monitoring  Karpenko's  telephone  or  home,  used  the  opportunity  to 
enter  his  apartment  in  another  attempt  to  arrest  him  and  demand  that  he  sign  a 
confession  that  he  had  organized  an  unauthorized  demonstration.  A  doctor  con- 
firmed that  Karpenko  required  hospitalization,  and  he  remained  in  the  hospital 
with  a  police  guard  for  over  a  week. 

According  to  the  Belarus  League  for  Human  Rights,  on  May  1,  police  detained 
Vladimir  Lysko  for  participating  in  an  antigovemment  rally  on  March  23  and  for 


980 

allegedly  resisting  arrest,  despite  the  fact  that  Lysko  had  already  been  fined  for  the 
same  charge. 

In  addition  to  the  hundreds  of  antigovemment  protesters  who  were  held  for  sev- 
eral hours  or  days,  there  were  several  prominent  political  detainees  who  were  held 
for  as  long  as  10  months.  In  June  poet  Slavomir  Adamovich,  who  was  detained  in 
1996  and  accused  of  inciting  a  terrorist  act  with  the  publication  of  his  poem  "To  Kill 
A  President,"  was  sentenced  to  10  months  in  prison  (see  Section  2.a.).  The  court 
ruled  that  the  poem  was  not  intended  to  incite  a  terrorist  act,  but  determined  that 
it  was  insulting  to  a  government  figure.  The  court  determined  that  the  10  months 
Adamovich  spent  in  pretrial  detention  counted  against  his  sentence  and  he  was  re- 
leased. 

Former  National  Bank  Chairwoman  Tamara  Vinnikova  was  arrested  in  January 
on  allegations  of  malfeasance  during  her  previous  tenure  as  head  of  a  state  bank. 
The  timing  of  her  arrest,  coinciding  with  her  increasing  public  challenges  to 
Lukashenko's  economic  policies,  suggested  a  political  motivation.  It  is  also  widely 
believed  that  the  presidential  administration  was  already  aware  of  the  alleged  ille- 
gal acts  at  the  time  of  her  appointment  as  national  bank  chairwoman.  Moreover, 
during  the  course  of  her  10-month  detention  her  health  seriously  declined,  but  until 
November  the  court  repeatedly  denied  her  appeals  for  release  to  seek  proper  medi- 
cal treatment  on  a  pledge  not  to  flee. 

In  August  police  in  the  town  of  Stolptsy  detained  students  Alexei  Shidlovskiy  (22 
years  old)  and  Vadim  Labkovich  (16  years  old),  both  members  of  the  youth  branch 
of  the  opposition  Belarusian  Popular  Front  (BNF),  for  "malicious  hooliganism."  The 
pair  are  accused  of  spray  painting  "Long  Live  Belarus"  and  antipresidential  slogans 
on  walls  in  the  town.  They  are  also  accused  of  replacing  the  state  flag  with  the 
white-red-white  banner  of  independent  Belarus  on  several  buildings.  Despite  the 
nonviolent  nature  of  the  alleged  crime  (and  despite  the  fact  that  Labkovich  is  a 
minor),  both  were  denied  release  pending  trial.  According  to  credible  human  rights 
monitors,  Shidlovskys  wife,  Ina  Pemenava,  was  threatened  by  the  KGB  and  coerced 
into  accusing  a  prominent  BNF  leader  of  raping  her;  otherwise,  the  KGB  reportedly 
warned,  she  never  would  see  her  husband  alive.  After  the  retraction,  she  was 
threatened  with  expulsion  from  her  university  (see  Section  2.b.).  Shidlovsky  and 
Labkovich  remained  in  pretrial  detention  at  year's  end. 

On  December  20,  1996,  the  Government  granted  amnesty  to  five  of  the  seven 
Ukrainian  nationalists  who  were  detained  in  conjunction  with  an  April  26,  1996, 
antigovemment  rally,  and  released  the  other  two  in  January  1997  after  a  court  re- 
duced their  sentences  to  time  already  served. 

Police  also  detained  and  coerced  a  number  of  journalists.  Pavel  Sheremet  and 
Dimitry  Zavadsky,  both  Belarusian  citizens  working  for  the  Russian  television  net- 
work ORT,  whose  reporting  was  critical  of  the  Government,  were  apparently  de- 
tained for  political  reasons.  In  July  security  forces  detained  the  pair,  along  with  two 
of  their  colleagues  and  charged  them  with  illegally  attempting  to  cross  the 
Belarusian-Lithuanian  border.  They  had  been  working  on  a  news  story  about  the 
border  (also  see  Sections  I.e.  and  2. a.).  In  August  a  second  ORT  crew  was  detained 
on  the  same  charge. 

Exile  is  not  expressly  forbidden  in  the  1996  Constitution,  but  it  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  in  practice  the  judiciary  is  not  independent  and  is  largely  unable  to  act 
as  a  check  on  the  executive  branch  and  its  agents.  The  Supreme  (Jouncil  passed  leg- 
islation to  support  the  independence  of  the  judiciary  in  1995,  but  these  reforms  were 
not  implemented.  Without  major  structural  reforms,  the  independence  of  the  judici- 
ary cannot  be  realized.  The  November  1996  constitutional  referendum  further  sub- 
ordinated the  judiciary  to  the  executive  branch  by  giving  the  President  the  power 
to  appoint  6  of  the  12  members  of  the  Constitutional  Court,  including  the  Chairman. 
The  remaining  six  are  appointed  by  the  Council  of  the  Republic,  which  itself  is  com- 
posed of  individuals  appointed  by  the  President  or  elected  by  individuals  influenced 
by  the  President.  The  President  also  appoints  the  Chairmen  of  the  Constitutional 
Court,  the  Supreme  Court,  and  the  Supreme  Economic  Court.  The  President  also 
has  authority  under  the  Constitution  to  appoint  and  dismiss  all  district  and  military 
judges. 

The  criminal  justice  system,  following  the  former  Soviet  model,  has  three  tiers: 
district  courts,  regional  courts,  and  the  Supreme  Court.  Several  modifications  have 
been  made,  brought  about  by  the  passage  of  the  new  Constitution,  including  direct 
presidential  appointments.  A  Constitutional  Court  was  established  in  1994  to  adju- 
dicate serious  constitutional  issues  but,  dependent  on  the  executive  branch,  it  does 
not  challenge  presidential  initiatives.  In  addition,  the  Constitutional  Court  has  no 
means  to  enforce  its  decisions. 


981 

Judges  adjudicate  trials;  only  in  capital  offense  trials  in  which  the  defendant 
pleads  not  guilty  and  demands  a  jury  trial  do  juries  determine  innocence  or  guilt. 
Judges  are  dependent  on  the  Ministry  of  Justice  for  sustaining  the  court  infrastruc- 
ture and  on  local  executive  branch  officials  for  providing  their  personal  housing.  In 
addition,  judges  owe  their  iwsitions  to  the  President.  Although  the  procurator's  of- 
fice categorically  denies  it,  telephone  justice"  (the  practice  of  executive  and  local  au- 
thorities dictating  to  the  courts  the  outcome  of  trials)  is  widely  reported  to  continue. 
Prosecutors,  like  the  courts,  are  organized  into  offices  at  the  district,  regional,  and 
republic  levels.  They  are  ultimately  responsible  to,  and  serve  at  the  pleasure  of,  the 
Procurator  General  who,  according  to  tne  Constitution,  is  appointed  by  the  Council 
of  the  Republic. 

Partly  in  ostensible  response  to  allegedly  exorbitant  defense  attorneys*  fees,  Presi- 
dent Lukashenko  issued  a  decree  (number  12)  in  May  which,  according  to  inter- 
national legal  experts  and  human  rights  monitors,  seriously  compromises  the  inde- 
pendence of  lawyers  from  the  (Jovernment.  The  decree  subordinates  all  lawyers  to 
the  Ministry  of  Justice,  which  now  controls  the  licensing  of  lawyers.  As  a  result  of 
this  decree,  several  lawyers,  including  President  Lukashenko's  political  opponents 
(such  as  former  Chairman  of  the  Supreme  Soviet  Mecheslav  Gryb)  were  stripped  of 
their  licenses. 

The  Constitution  provides  for  public  trials,  although  exceptions  can  be  made  in 
cases  established  by  law  (for  example,  in  cases  of  rape  or  on  grounds  of  national 
security).  Defendants  have  the  legal  right  to  attend  proceedings,  confront  witnesses, 
and  present  evidence  on  their  own  behalf.  However,  these  rights  are  not  always  re- 
spected in  practice.  Defendants'  legal  right  to  be  represented  by  counsel  is  also  not 
always  respected  in  practice.  While  the  1996  Constitution  establishes  a  presumption 
of  innocence,  in  practice  defendants  frequently  must  prove  their  innocence. 

Trials  for  those  detained  on  misdemeanor  charges  following  antigovemment  pro- 
tests throughout  the  spring  (see  Section  l.d.)  were  subjected  to  assembly-line  style 
trials,  without  the  right  to  counsel  or  the  opportunity  to  present  evidence  or  call  wit- 
nesses. In  criminal  cases,  the  prosecution  has  the  right  to  appeal  a  not-guilty  verdict 
to  a  higher  court.  In  at  least  one  case,  the  pressure  to  appeal  appeared  to  be  applied 
by  external  forces  in  what  appears  to  be  a  vendetta  against  a  defendant  (see  Sec- 
tions l.c,  l.e,  and  5.). 

Both  defendants  and  prosecutors  have  the  right  of  appeal,  and  most  criminal 
cases  are  appealed,  according  to  legal  sources.  In  appeals,  neither  defendants  nor 
witnesses  appear  before  the  court;  the  court  merely  reviews  the  protocol  and  other 
documents  from  the  lower  court's  trial.  Appeals  rarely  result  in  reversals  of  verdicts. 
The  law  allows  persons  who  have  been  acquitted  of  a  crime  to  be  retried  by  a  higher 
court  for  the  same  chaise. 

Despite  a  lack  of  credible  evidence,  police  detained  Albert  Lavrenev,  in  July  1996 
and  charged  him  with  arranging  the  mortal  beating  of  his  elderly  neighbor  (see  Sec- 
tions l.c.  and  Section  5).  A  lower  court  convicted  Lavrenev  in  September  1996.  Upon 
LavreneVs  appeal,  the  Supreme  court  ruled  that  the  trial  had  many  procedural  vio- 
lations and  ordered  a  new  trial.  The  lower  court  repeatedly  delayed  the  new  trial, 
allegedly  in  order  to  allow  further  investigation.  In  the  meantime,  Lavrenev's  health 
seriously  declined  due  to  beatings  by  prison  guards  while  in  detention.  His  petitions 
to  be  released  with  a  pledge  not  to  leave  Minsk  were  denied.  The  State  based  its 
case  almost  entirely  on  the  testimony  of  the  victim's  son,  who  recounted  what  he 
alleged  that  his  mother  had  told  him  following  the  beating.  At  the  new  trial  in  July, 
however,  medical  experts  testified  that  the  victim  could  not  have  communicated  an 
identification  of  her  attacker  due  to  the  severity  of  her  injuries.  The  I'udge  ruled  that 
another  panel  of  medical  experts  should  review  the  case,  but  he  released  Lavrenev 
pending  the  next  trial.  Lavrenev  was  acquitted  in  November  but  under  obvious  pres- 
sure from  the  deceased's  family,  at  year's  end  the  case  was  being  appealed  to  the 
Supreme  Court. 

There  were  no  reports  of  political  prisoners  at  year's  end. 

f  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Govern- 
ment monitoring  of  residences  and  telephones  continued  unabated.  The  KGB  is 
widely  believed  to  enter  homes  without  warrants,  conduct  unauthorized  searches, 
and  also  to  read  mail.  Political,  human  rights,  and  other  nongovernmental  organiza- 
tions believe  that  their  conversations  and  correspondence  are  routinely  monitored 
by  the  security  services.  Opposition  figures  have  reported  a  reluctance  to  visit  some 
foreign  embassies  for  fear  oi  reprisal. 

The  KGB,  the  MVD,  and  certain  border  guard  detachments  have  the  right  to  re- 
quest permission  to  install  wiretaps,  but  legally  must  obtain  a  prosecutor's  permis- 
sion before  installation.  The  Presidential  Guard  formed  in  1995  reportedly  con- 
ducted surveillance  activities  of  the  President's  political  opponents.  There  is  no  judi- 


982 

cial  or  legislative  oversight  of  the  Presidential  Guard's  budget  or  activities,  and  the 
executive  branch  has  repeatedly  thwarted  attempts  to  exercise  such  oversight. 

The  Government  makes  no  secret  of  the  security  service's  activities  or  capabilities 
and  conducts  active  surveillance  of  opponents  of  the  Lukashenko  Government.  Mili- 
tia assigned  to  stand  post  outside  diplomatic  missions  are  known  to  keep  records 
of  visits  by  political  opposition  leaders. 

In  September  a  Ministry  of  Foreign  Affairs  official  told  an  NGO  representative  of 
the  Belarusian  Soros  Foundation,  that  the  Ministry  knew  of  a  decision  made  at  a 

grivate  meeting  in  Minsk  between  the  OSI  and  BSF  representatives  to  close  the 
oros  Foundation,  even  before  the  OSI  or  the  BSF  told  the  Ministry  or  made  the 
news  public. 

Nearly  all  opposition  political  figures  assume  that  the  Government  monitors  their 
activities  and  conversations.  The  Lukashenko  Government  did  nothing  to  refute 
these  assumptions.  Indeed,  government  oflicials  do  not  appear  to  be  exempt  from 
monitoring. 

In  March  the  Ministry  of  Communications  renegotiated  contracts  for  supplying 
telephone  service.  The  new  contracts  forbid  subscnbers  from  using  telephone  com- 
munications for  purposes  that  run  counter  to  state  interests  and  public  order.  The 
Ministry  has  the  right  to  terminate  telephone  service  to  those  who  breach  this  provi- 
sion. There  are  no  known  instances  of  the  Ministry  invoking  this  provision. 

In  March  a  new  government  decree  prohibited  the  import  of  printed,  audio,  and 
video  news  material  (see  Section  2. a.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech, 
as  well  as  the  freedom  to  receive,  retain,  and  disseminate  information,  but  the  Gov- 
ernment restricts  these  rights  in  practice.  The  executive  branch  continued  its  sup- 
pression of  freedom  of  speech  through  a  decree  limiting  citizens'  right  to  express 
their  opinions.  Although  the  Constitution  prohibits  monopoly  of  mass  media,  the 
Grovemment  also  continued  to  severely  restrict  the  right  to  a  free  press  through 
near-monopolies  on  the  means  of  production  and  on  national  level  broadcast  media, 
and  by  denying  accreditation  to  journalists  critical  of  the  regime.  The  Government 
also  kept  up  economic  pressure  on  the  independent  media  by  pressuring  advertisers 
to  withdraw  advertisements  and  evicting  newspapers  from  their  offices.  Employees 
at  state-run  enterprises  are  discouragetf  from  subscribing  to  independent  journals. 

In  December  1995,  on  instructions  from  President  Lukashenko,  the  state  publish- 
ing house  refused  to  renew  printing  contracts  with  the  four  leading  independent 
newspapers,  which  prompted  them  to  publish  in  Lithuania.  Although  the  state  pub- 
lishing house  has  since  offered  to  publish  these  independent  newspapers,  they  con- 
tinue to  use  firms  in  Lithuania. 

In  January  1996  the  President  signed  a  decree  ordering  that  all  editors-in-chief 
of  state-supported  newspapers  would  henceforth  be  official  state  employees  and 
would  become  members  of  tne  appropriate  level  Government  council.  Another  decree 
granted  the  Ministry  of  Press  authority  to  assign  graduates  of  state -supported  jour- 
nalism schools  to  work  in  state-owned  media  organizations  as  a  means  of  payment 
for  their  schooling.  These  decrees  remain  in  effect. 

A  presidential  decree  (number  5),  issued  in  March  prohibits  a  range  of  broadly 
defined  activities  and  limits  freedom  of  expression.  For  example,  the  decree  pro- 
hibits individuals  from  canying  placards  or  flags  bearing  emblems  that  are  not  ofli- 
cially  registered  with  the  State,  as  well  as  "emblems,  symbols,  and  posters  whose 
content  is  intended  to  harm  the  State  and  public  order,  rights,  and  legal  interests 
of  the  citizens."  The  decree  also  bans  activities  that  are  "humiliating  to  the  dignity 
and  honor  of  the  executive  persons  of  State  bodies." 

Following  the  spring  demonstrations,  there  were  credible  reports  that  individuals 
were  detained  and  fined  for  violations  of  the  decree's  provisions  against  displaying 
unregistered  symbols.  The  decree  effectively  bans  the  display  of  the  white-red-white 
flag  that  was  the  first  independence-era  national  flag.  Police  detained  several  soccer 
fans  carrying  the  white-reo- white  flag  after  a  June  match.  In  addition,  at  least  one 
man  was  arrested  for  carrying  a  European  Union  flag  at  an  antigovemment  rally. 

In  March  the  State  Committee  for  the  Press  suspended  the  issuance  of  licenses, 
pending  amendments  to  the  laws  governing  the  issuance  of  permits  both  for  publish- 
ing and  for  purchasing  printing  equipment.  Since  the  promulgation  of  the  new  law 
in  July,  there  were  no  reports  that  licenses  were  denied. 

In  March  the  Council  of  Ministers  issued  a  decree  (number  218)that  prohibited 
and  restricted  the  movement  of  goods  across  the  customs  border.  The  decree  specifi- 
cally prohibits  the  import  and  export  of  printed,  audio,  and  video  materials  or  other 
news  media  containing  information  that  could  damage  the  economic  and  political  in- 
terests of  the  country.  Although  it  has  not  been  widely  enforced,  the  decree  targets. 


983 

among  others,  those  independent  newspapers  that  publish  in  Lithuania.  Even  prior 
to  the  decree's  entry  into  force,  menibers  of  the  State  Security  Committee  con- 
fiscated the  independent  newspaper  Belarusian  Business  News  at  the  Lithuanian 
border;  following  an  inspection,  the  authorities  allowed  the  newspaper  to  be  deliv- 
ered to  Minsk.  On  Marcn  25  border  guards  detained  for  several  hours  the  editor  of 
the  independent  newspaper  Narodnaya  Volya,  who  was  returning  to  Belarus  from 
Lithuania  with  the  day's  edition  of  the  newspaper. 

In  March  security  personnel  at  the  Belarusian-Lithuanian  border  prevented  a 
crew  from  the  Russian  television  network  NTV  from  taking  a  videotape  into  Lithua- 
nia for  transmission  to  Moscow  (earlier  the  state  broadcasting  facility  banned  the 
crew  from  transmitting  the  video  material  from  Minsk). 

Independent  newspapers  are  widely  available  in  Minsk,  but  outside  of  the  capital 
most  towns  carry  only  the  local  newspapers  (some  of  which  are  independent).  The 
publisher  of  a  leading  independent  newspaper  received  a  grant  from  a  foreign  orga- 
nization to  establish  an  alternative,  private  distribution  system  so  that  independent 
publications  do  not  have  to  rely  on  the  state. 

Russian  television  stations  rely  on  the  Belarusian  Television  and  Radio  (B-TR) 
broadcasting  facility  to  transmit  material  to  Moscow.  On  several  occasions,  B-TR  re- 
fused to  transmit  video  material  for  Russian  television  stations.  According  to  NTV, 
in  March  a  representative  of  the  presidential  administration  instructed  crews  from 
Russian  television  networks  in  Minsk  not  to  transmit  footage  of  opposition  marches 
and  rallies.  Subsequently,  the  day  after  a  demonstration,  security  guards  denied  the 
Russian  television  crews  access  to  the  B-TR  facility.  NTV  also  claims  that  a  B-TR 
internal  instruction  requires  B-TR  officials  to  preview  material  before  it  is  transmit- 
ted abroad.  It  is  unclear  if  this  is  done  in  practice. 

A  July  Council  of  Ministers  decree  nullified  the  accreditation  of  all  correspondents 
and  required  all  foreign  media  correspondents  to  apply  for  reaccreditation  with  the 
Ministry  of  Foreign  Affairs;  the  application  form  for  accreditation  requests  bio- 
graphic information,  as  well  as  a  record  of  the  applicant's  journalistic  activity.  Jour- 
nalists who  are  residents  of  Belarus  are  also  required  to  register  with  the  state  tax 
authorities.  The  results  of  the  decree  are  still  unclear,  although  at  year's  end  it  does 
not  appear  that  the  (jovemment  has  used  the  decree  as  a  tool  to  exclude  certain 
journalists. 

The  Defamation  Law  makes  no  distinction  between  private  and  public  persons  for 
the  purposes  of  lawsuits  for  defamation  of  character.  A  public  figure  who  has  been 
criticized  for  poor  performance  in  office  may  ask  the  public  prosecutor  to  sue  the 
newspaper  that  printed  the  criticism. 

The  nationalist  poet  Slavomir  Adamovich  was  detained  in  April  1996  for  publish- 
ing a  poem  titled  'To  Kill  a  President,"  and  was  originally  charged  with  inciting  a 
terrorist  act.  In  June  the  court  convicted  him  of  insulting  a  state  official,  although 
nowhere  in  the  poem  does  Adamovich  name  any  specific  president.  In  addition,  the 
court  also  convicted  him  for  attempting  to  cross  a  state  border  (he  attempted  to  flee 
the  country  when  released  pending  trial).  The  court  ruled  that  the  time  Adamovich 
served  in  pretrial  detention  constituted  fulfillment  of  his  sentence. 

In  September  the  State  initiated  an  investigation  against  Central  Election  Com- 
mission Chairman  Victor  Gonchar,  charging  that  Goncnar  defamed  the  President  in 
his  report  on  Lukashenko's  (and  the  Government's)  violations  of  the  1994  Constitu- 
tion during  the  1996  referendum. 

In  February  the  upper  house  of  the  acting  legislature  denied  reporters  for  Radio 
Liberty,  Reuters,  the  Latvian  newspapers  Beiaursian  Business  News  and  Free  News 
Plus  access  to  a  press  conference,  despite  the  fact  that  the  journalists  were  properly 
accredited. 

Grodno  municipal  authorities,  who  work  directly  for  the  President  under  his 
"vertikal"  (from  the  top  down)  power  structure,  canceled  a  lease  agreement  with  the 
independent  newspaper  'Pagonya"  in  April,  evicting  the  newspaper  from  its  oflice. 
As  compensation  tne  municipal  authorities  offered  to  move  the  newspaper  to  a  di- 
lapidated space  with  no  plumbing  or  communications  connections. 

On  several  occasions  in  the  spring,  police  beat  and  detained  journalists  covering 
antigovemment  demonstrations  (see  Sections  I.e.  and  l.d.).  At  an  April  2  unauthor- 
ized demonstration  to  protest  the  signing  of  a  union  treaty  with  Russia,  riot  police 
beat  several  journalists,  three  of  them  severely,  according  to  a  report  by  the  human 
rights  group  Article  19.  Journalists  also  reported  on  several  occasions  that  police  de- 
stroyed or  confiscated  their  photographs  and  video  material.  In  some  cases,  pxjlice 
charged  journalists  covering  demonstrations  with  violating  public  order. 

In  October  two  unidentified  men  abducted  Oleg  Babenin,  a  correspondent  for  the 
independent  newspaper  Imya,  and  took  him  outside  Minsk,  where  they  beat  him. 
They  warned  Babenin  to  cease  his  critical  articles  about  the  authorities.  In  Novem- 
ber the  editor  of  Imya  received  a  warning  that  satirical  collages  appearing  in  several 


984 

issues  of  the  newspaper  defamed  the  president,  and  the  newspaper  could  be  stripped 
of  its  license.  At  year's  end,  Imya's  attorney  continued  to  appeal  the  charges,  out 
the  newspaper  ceased  printing  the  collages  due  to  fear  of  further  reprisals. 

Also  in  November,  the  state  Press  Committee  issued  two  warnings  to  the  largest 
independent  newspaper,  Svaboda,  alleging  that  several  articles  violated  the  law  by 
aiming  to  incite  social  unrest.  After  15  minutes  of  deliberation,  the  Supreme  Eco- 
nomic Court  in  December  ruled  to  close  Svaboda.  At  yeai^s  end,  an  appeal  was  pend- 
ing. 

In  December  unknown  assailants  attacked  film  director  Yuriy  Khashchevatsky  in 
his  studio.  The  attack  is  credibly  believed  to  be  in  response  to  Khashchevatsky  film, 
An  Ordinary  President,  a  critical,  satirical  portrait  of  President  Lukashenko.  The 
Government  has  banned  the  film;  in  January  human  rights  monitors  reported  that 
militia  broke  into  a  private  cable  company  studio  in  Grodno  and  detained  the  cam- 
eraman after  the  film  was  aired. 

In  December  customs  officers  at  the  Belarusian-Polish  border  confiscated  mate- 
rials documenting  human  rights  violations  from  Viktor  Ivashkevich,  the  editor  of 
the  Free  Trade  Union  newspaper,  Rabochy.  Ivashkevich  intended  to  present  the  ma- 
terials at  a  press  conference  in  Warsaw. 

Belarusian  Television  and  Radio  maintained  its  monopoly  as  the  only  nationwide 
television  station.  Its  news  programs  regularly  featured  reporting  biased  in  favor  of 
the  Government,  and  refused  to  provide  an  outlet  for  opposing  viewpoints.  Local, 
independent  television  stations  operated  in  some  areas,  and  were  relatively 
unimpeded  in  reporting  on  local  news.  However,  some  of  these  stations  reported 
that  they  were  under  pressure  not  to  report  on  national  level  issues,  or  were  subject 
to  censorship. 

The  Government  did  not  reopen  Radio  101.2,  the  sole  Belarusian  language  inde- 
pendent station  that  authorities  shut  down  in  1996.  Piesident  Lukashenko  offered 
to  transfer  Radio  101.2  to  a  government-subsidized  presidential  youth  organization, 
the  Belarusian  Patriotic  Union  of  Youth  (BPUY),  but  the  group  had  not  taken  over 
the  frequency  at  year's  end. 

In  March  the  Ministry  of  Foreign  Affairs  followed  through  on  earlier  threats  by 
stripping  Russian  Television  Network  NTV  correspondent  Alexandr  Stupnikov  of  his 
accreditation.  An  outspoken  critic  of  the  President,  Stupnikov  was  accused  by  the 
Government  of  "tendentious"  reporting  and  expelled  4  days  after  losing  his  accredi- 
tation, (see  Section  5.). 

In  July  the  Ministry  of  Foreign  Affairs  revoked  the  accreditation  of  Pavel 
Sheremet,  a  Belarusian  citizen  and  bureau  chief  for  the  Russian  public  television 
network  (ORT)  in  Minsk,  following  his  critical  commentary  on  the  Government's  ex- 
penditures for  the  July  3-5  National  Day  and  Minsk's  930th  anniversary  celebra- 
tions. The  Government  also  accused  Sheremet  of  having  a  history  of  tendentious  re- 
porting. On  July  22,  the  authorities  detained  Sheremet  and  three  other  ORT  em- 
ployees who  were  attempting  to  film  an  unguarded  section  of  the  Belarusian-Lithua- 
nian  border.  After  paying  a  fine,  the  four  were  released.  On  July  26,  they  were 
again  detained,  this  time  charged  with  illegally  attempting  to  cross  the  border.  The 
(jovemment  accused  ORT  managers  of  engineering  a  provocation.  In  August  the  au- 
thorities detained  four  other  ORT  employees  for  attempting  to  film  in  the  same  area 
as  Sheremet.  Following  confessions  by  two  of  the  men  (which  both  later  said  were 
coerced)  and  Russian  Government  intervention,  all  but  Sheremet  were  released  by 
September  5.  The  authorities  released  Sheremet  in  October,  after  Russian  President 
Yeltsin  exerted  pressure  on  Lukashenko.  Sheremet  and  Zavadsky  went  on  trial  in 
December  and  were  still  on  trial  at  year's  end. 

In  March  the  Government  expelled  a  foreign  diplomat  who  had  been  monitoring 
a  public  protest  for  allegedly  taking  part  in  an  antigovernment  rally. 

The  observance  of  academic  freedom  is  mixed.  University  students  and  academics 
are  free  to  pursue  virtually  any  course  of  study  or  research.  However,  once  a  course 
of  study  is  chosen,  state  university  students  must  follow  a  prescribed  curriculum. 

Throughout  the  year,  the  Government  harassed  students  engaged  in 
antigovernment  activities,  such  as  demonstrations.  There  were  reports  that  state 
universities  expelled  students  for  their  political  activities.  The  pro-presidential,  gov- 
ernment-funded youth  organization,  the  Belarusian  Patriotic  Union  of  Youth,  served 
as  the  regime's  watchdog  against  antigovernment  activities.  Moreover,  there  are  re- 
ports that  members  of  the  BPUY  received  preferential  treatment  at  state  schools. 

In  April  the  Council  of  Ministers  issued  a  decree  effective  as  of  the  1997-98  aca- 
demic year  requiring  students  who  receive  free  university  education  from  the  State 
to  accept  jobs  assigned  by  the  Government  upon  graduation. 

The  Government  continued  to  close  schools  that  teach  in  the  Belarusian  language. 
According  to  the  Belarusian  League  for  Human  Rights,  there  are  now  less  than  half 
the  number  of  schools  teaching  in  the  Belarusian  language  than  in  1991.  In  August 


985 

a  Grodno  court  ruled  that  although  Belarusian  and  Russian  languages  are  granted 
eQual  status  as  state  languages  by  the  Constitution,  the  school  system  is  not  obli- 
gated to  provide  education  in  the  Belarusian  language. 

In  August  the  Government  agreed  to  allow  the  Belarusian  Humanities  Lyceum 
(the  only  Belarusian  language  high  school  in  Minsk)  to  continue  occupying  its  cur- 
rent premise  for  another  year,  following  protests  by  parents  angry  at  a  plan  by  the 
presidential  administration  to  take  over  the  building. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly;  however,  the  Government  restricts  this  right  in  prac- 
tice. Organizers  must  apply  at  least  15  days  in  advance  to  local  officials  for  permis- 
sion to  conduct  a  demonstration,  rally,  or  meeting.  The  local  government  must  re- 
spond with  a  decision  not  later  than  5  days  prior  to  the  scheduled  event. 

In  March  President  Lukashenko  issued  a  decree  (number  5)  to  regulate  what  he 
termed  the  "orgy"  of  street  protests  taking  place.  The  decree  further  limits  citizens' 
ability  to  assemble  peacefully  by  restricting  the  locations  where  rallies  may  take 
place  and  allowing  focal  authorities  to  put  strict  limits  on  the  number  of  partici- 
pants. The  decree  also  prohibits  the  display  of  unregistered  flags  and  symbols,  as 
well  as  placards  bearing  messages  deemed  threatening  to  the  State  or  public  order 
(see  Sertion  2.a.).  The  decree,  along  with  subseauent  amendments  adopted  by  the 
acting  legislature,  imposes  severe  penalties  on  tnose  who  violate  the  law,  particu- 
larly the  organizers  of  events.  The  courts  punished  organizers  of  rallies  with  fines 
of  $800  to  $1,000,  which  are  exceptionally  high  in  a  country  where  the  average 
monthly  wage  is  under  $100.  Although  the  decree  allows  for  either  monetary  fines 
or  up  to  15  days'  detention,  the  courts  frequently  imposed  the  fines  knowing  that 
those  convicted  could  not  pay.  When  individuals  failed  to  pay  fines,  authorities 
threatened  to  confiscate  their  property.  Although  assessments  were  made,  there  are 
no  known  instances  of  property  actually  being  confiscated  as  of  year's  end. 

Public  demonstrations  occurred  frequently  but  always  under  strict  government 
control;  some  demonstrations  and  marches,  usually  unsanctioned,  ended  with  police 
beatings,  mass  detentions,  and  assembly-line  trials.  When  force  was  used  against 
demonstrators,  it  is  unclear  to  what  degree  the  demonstrators  themselves  may  have 
provoked  such  a  response.  However,  there  were  credible  reports  that  the  security 
services  placed  plainclothes  provocateurs  in  the  crowds  (see  Section  l.d.). 

Throughout  tne  spring  police  used  force  to  disperse  demonstrators.  On  February 
14,  riot  police  used  truncheons  and  tear  gas  against  students  attempting  to  march 
through  Minsk  to  deliver  statements  to  Foreign  missions  in  support  of  Belarusian 
integration  into  Europe.  Minsk  city  authorities  permitted  a  rally  on  March  10  to  op- 
pose integration  with  Russia,  but  limited  participation  to  40  people.  Nearly  1,000 
people  turned  out,  prompting  police  to  forcibly  disperse  the  crowd. 

On  March  14,  riot  police  deployed  and  prevented  students  from  marching  to  for- 
eign missions  in  Minsk  to  express  support  for  a  democratic  Belarus  integrated  into 
Europe.  Police  used  bullhorns  to  remind  the  assembled  marchers  that  the  Minsk 
city  authorities  had  denied  permission  for  the  gathering.  Security  forces  randomly 
detained  nonparticipants  who  were  in  the  vicinity  of  the  gathering,  including  foreign 
residents  and  journalists,  as  well  as  an  elderly  woman  who  was  collecting  bottles. 

On  March  23,  antigovemment  protesters  marched  along  one  of  Minsk's  main  thor- 
ou^fares  without  permission.  Riot  police  deployed  to  block  the  marchers'  path,  re- 
sulting in  violence  between  the  security  troops  and  protesters  that  reportedly  re- 
sulted in  some  injuries  (although  it  is  unclear  who  started  the  fighting).  Following 
the  10-minute  confrontation  ,  police  allowed  marchers  to  assemble  peacefully  at  an 
approved  location  for  a  sanctioned  rally. 

On  April  2,  following  a  peaceful,  though  unsanctioned,  demonstration  against  the 
signing  of  a  union  treaty  with  Russia,  protesters  marched  without  permission  to- 
ward the  Russian  embassy,  where  they  were  met  by  riot  police  who  used  truncheons 
to  disperse  the  crowd.  Police  beat  journalists  and  at  least  one  elderly  woman.  Presi- 
dent Lukashenko  responded  to  the  television  footage  of  police  beating  the  elderly 
woman  by  publicly  claiming  that  the  victim  in  fact  was  a  young  man  (disguised  as 
a  woman)  intent  on  throwing  rocks  a  the  police.  In  September  a  court  fined  Nikolai 
Statkevich  over  $1,(M)0  (Belarusian  rubles  27,663,000)  for  organizing  an  unauthor- 
ized rally  on  July  27,  the  anniversary  of  the  declaration  of  Belarusian  sovereignty. 
Statkevich  argued  that  he  had  proceeded  with  the  rally  because  he  had  petitioned 
the  Minsk  city  authorities  for  permission  in  accordance  with  the  law,  but  the  city 
had  not  denied  the  petition  within  the  time  prescribed  by  law. 

The  Constitution  provides  for  freedom  of  association;  however,  the  Government 
does  not  respect  this  right  in  practice.  According  to  members  of  parties  in  opposition 
to  the  President,  opposition  groups  frequently  are  denied  permission  to  meet  in  pub- 
lic buildings.  Employees  at  state-run  enterprises  are  discouraged  from  joining  inde- 
pendent trade  unions,  and  the  Ministry  of  Justice  long  denied  registration  to  the 


986 

Congress  of  Independent  Trade  Unions  (see  Section  6. a.).  Only  in  late  December  did 
the  Government,  under  considerable  international  pressure,  order  the  Ministry  of 
Justice  to  register  the  Congress  of  Independent  Trade  Unions  and  lift  the  1995  ban 
on  the  Free  Trade  Union  (see  Section  6. a.).  The  Government  regularly  used  the  na- 
tionalist Belarusian  Popular  Front  as  a  scapegoat,  raided  its  headquarters,  and  con- 
fiscated leaflets  that  would  have  publicized  unsanctioned  rallies.  Government  offi- 
cials warned  alumni  of  foreign-sponsored  education  programs  against  continued  af- 
filiation with  their  program's  sponsoring  agency  or  embassy. 

In  September  there  were  36  registered  political  parties,  41  registered  trade  unions 
(9  of  which  label  themselves  as  Tree,  independent,  and  democratic),  and  1,963  reg- 
istered social  organizations.  A  1995  decision  by  the  Ministry  of  Justice  required  ex- 
isting public  associations  to  reregister.  During  the  reregistration  process,  the  Min- 
istry sometimes  found  cause  to  deny  reregistration  to  nongovernmental  organiza- 
tions. According  to  the  Belarus  League  for  Human  Rights,  some  government  officials 
admitted  that  the  process  was  illegal  and  that  they,  therefore,  had  allowed  some 
groups  to  continue  operating  under  their  original  registration. 

The  Government  attempted  to  limit  severely  the  activities  of  nongovernmental  or- 
ganizations (NGO's),  primarily  through  intrusive  and  questionable  tax  audits  and 
intimidation  of  employees.  In  March  following  the  expulsion  of  the  U.S. -citizen  di- 
rector of  the  Belarusian  Soros  Foundation  for  allegedly  engaging  in  political  activity, 
the  Security  Council  announced  audits  against  the  Belarusian  SOKOS  Foundation 
(BSF),  the  East-West  Center  for  Strategic  Initiatives,  and  the  Children  of 
Chomobyl.  Under  the  Law  on  Public  Associations,  the  Security  Council  is  not  au- 
thorized to  initiate  such  audits.  In  April  the  Government  announced  a  $3  million 
fine  against  the  BSF  for  alleged  tax  and  currency  law  violations.  The  Government 
also  started  criminal  investigations  against  BSF  employees.  As  a  result  of  the  Gov- 
ernment's campaign  of  harassment  against  the  BSF,  the  Foundation  closed  in  Sep- 
tember. The  Government  subsequently  began  investigating  Belarusian  NGO's  asso- 
ciated with  the  BSF. 

c.  Freedom  of  Religion. — ^The  Constitution  provides  for  freedom  of  religion,  how- 
ever, the  Government  restricts  this  right  in  practice.  A  1995  Cabinet  of  Ministers 
decree  controlling  religious  workers  as  a  means  of  attempting  to  protect  orthodoxy 
and  prevent  the  growth  of  evangelizing  religions  is  enforced.  Foreigners  generally 
are  prohibited  from  preaching  or  heading  churches,  at  least  with  respect  to  what 
the  government  views  as  "nontraditional"  religions,  which  include  Protestant  faiths. 
In  September  a  Belarusian  Baptist  pastor  was  arrested  for  allowing  an  American 
to  lead  a  prayer  group  under  the  pastor's  auspices.  The  pastor  was  released,  but 
a  fine  was  pending  at  year's  end.  Bible  study  meetings  involving  foreigners  were 
raided.  An  August  Council  of  Ministers'  directive  prohibits  teaching  religion  at 
youth  camps.  Citizens  are  not  prohibited  from  proselytizing,  but  foreign  mission- 
aries may  not  engage  in  religious  activities  outside  the  institutions  tnat  invited 
them.  Only  religious  organizations  already  registered  in  Belarus  may  invite  foreign 
clergy. 

The  Government  and  the  President  encourage  a  greater  role  for  the  Orthodox 
Church,  largely  as  part  of  an  overall  strategy  to  strengthen  Slavic  unity  in  the  re- 
gion. The  effort,  however,  has  not  slowed  the  growth  oi  Roman  Catholic  and  Protes- 
tant churches.  The  President  granted  the  Orthodox  Church  special  tax  and  other  fi- 
nancial advantages,  which  other  denominations  do  not  enjoy  and  has  declared  the 
preservation  and  development  of  Orthodox  Christianity  a  "moral  necessity."  Bishops 
must  receive  permission  from  the  State  Committee  on  Religious  Affairs  before  trans- 
ferring a  foreign  priest  to  another  parish. 

Restitution  of  religious  property  remained  limited  in  1997.  A  key  obstacle  is  the 
lack  of  a  legal  basis  for  restitution  of  property  that  was  seized  during  the  Soviet 
era  and  the  Nazi  occupation.  The  few  returns  of  property  to  religious  communities 
have  been  on  an  individual  and  inconsistent  basis.  Over  the  past  several  years,  the 
Jewish  community  has  successfully  lobbied  the  Government  to  return  three  syna- 
gogues in  Minsk  and  several  buildings  outside  the  capital.  Following  extensive  ren- 
ovations, the  Catholic  community  in  October  rededicated  a  cathedral  in  Minsk  that 
had  been  returned  in  recent  years.  In  an  address  to  the  Parliament,  the  Orthodox 
Patriarch  urged  the  (Jovernment  to  move  quickly  to  return  religious  property. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— According  to  the  Constitution,  citizens  are  free  to  travel  within  the 
country  and  to  live  and  work  where  they  wish.  All  adults  are  still  issued  internal 
passports,  which  serve  as  primary  identity  documents  and  are  required  for  travel, 
permanent  housing,  and  hotel  registration. 

The  right  to  choose  one's  place  of  residence,  although  provided  by  law,  remains 
restricted  in  practice.  Despite  its  formal  abolition  by  the  Soviet  Government  in  Octo- 
ber 1991,  the  "propiska"  (pass)  system  survives  in  Belarus.  All  citizens  are  required 


987 

to  register  their  places  of  residence  and  may  not  change  them  without  official  per- 
mission. The  authorities  no  longer  explicitly  limit  the  number  of  residence  permits 
in  Minsk  and  the  five  other  regional  centers,  Brest,  Grodno,  Mogilev,  Vitebsk,  and 
Gomel.  However,  in  order  to  register,  a  citizen  must  already  have  employment  in 
the  city.  To  be  employed  in  the  city,  however,  one  must  already  be  registered.  These 
conflicting  requirements  limit  citizens'  freedom  of  movement. 

Government  regulations  on  entry  and  exit  require  citizens  who  wish  to  travel 
abroad  to  first  receive  an  overseas  passport  and  a  "global"  exit  visa,  which  is  valid 
for  from  1  to  5  years.  Once  a  traveler  has  these  documents,  the  law  does  not  restrict 
travel. 

Following  the  dissolution  of  the  Supreme  Soviet  in  1996,  the  Government  took 
measures  aimed  at  limiting  the  travel  of  opposition  politicians  who  refused  to  sub- 
mit to  the  legislature  created  by  the  November  1996  referendum.  The  Ministry  of 
Foreign  Affairs  announced  in  December  1996  that  those  parliamentarians  who  did 
not  jom  the  new  legislature  could  no  longer  travel  on  their  diplomatic  passports,  de- 
spite the  fact  that  these  individuals  had  been  guaranteed  that  they  would  retain 
their  status  as  deputies  until  their  terms  of  office  expired.  Although  the  diplomatic 
passports  were  not  confiscated,  the  border  guards  reportedly  had  a  blacklist  of  oppo- 
sition members  who  were  to  be  denied  exit  from  the  country  if  they  used  a  diplo- 
matic passport.  In  January  the  border  guards  refused  to  grant  permission  to  travel 
abroaa  on  their  diplomatic  passports  to  former  Supreme  Soviet  Chairman  Stanislav 
Shushkevich  and  Anatoliy  Lebedko,  both  members  of  the  disbanded  parliament.  A 
number  of  members  of  the  disbanded  parliament  have  since  acquired  regular  pass- 
ports and  been  allowed  to  travel  abroad.  According  to  official  data,  the  State  did  not 
deny  any  citizen  permission  to  emigrate.  However,  legislation  restricting  emigration 
by  those  with  access  to  "state  secrets"  remained  in  effect,  and  any  citizen  involved 
in  a  criminal  investigation  was  also  ineligible  to  emigrate.  Prospective  emigrants 
who  have  been  refused  the  right  to  emigrate  may  appeal  to  the  courts. 

The  Constitution  gives  aliens  and  stateless  persons  the  same  rights  as  citizens, 
except  in  cases  established  by  law,  international  agreement,  or  the  Constitution. 
The  Constitution  also  allows  the  State  to  grant  refuge  to  persons  being  persecuted 
in  other  states  for  their  political  and  religious  convictions,  or  because  of  nationality. 
The  Government  does  not  have  a  law  on  first  asylum,  nor  has  it  signed  readmission 
agreements  with  any  of  its  neighboring  states. 

The  Government  cooperates  with  the  United  High  Commissioner  for  Refugees 
(UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees.  In  May  the 
Government  implemented  for  the  first  time  its  1995  Law  on  Refugees,  granting  refu- 
gee status  to  a  group  of  Afghans.  By  year's  end,  the  Government  had  granted  official 
refugee  status  to  30  people  and  had  offered  assistance  in  locating  housing  and  jobs. 

The  UNHCR  estimates  that  there  are  36,000  potential  asylees  and  200,000  illegal 
aliens  in  Belarus.  Although  the  UNHCR  reports  that  the  delay  in  establishing  a 
state  migration  service  has  made  the  life  of  these  individuals  "very  difficult,"  there 
were  no  reports  of  forced  expulsion  of  persons  having  a  valid  claim  to  refugee  status, 
or  of  persons  to  countries  where  they  feared  persecution.  In  one  case,  an  undocu- 
mented Afghan  who  had  been  illegally  living  in  Belarus  traveled  to  Uzbekistan, 
where  he  was  detained  by  Uzbek  authorities.  Faced  with  his  deportation  to  Afghani- 
stan, the  Belarusian  Government  agreed  to  allow  the  man  back  into  the  country. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Government  severely  limits  the  right  of  citizens  to  change  their  government. 
From  November  9-24,  1996,  the  executive  branch  conducted  a  controversial  con- 
stitutional referendum  that  was  neither  free  nor  fair,  according  to  credible  inter- 
national observers,  including  representatives  of  the  European  Union  and  the  Orga- 
nization for  Security  and  Cooperation  in  Europe  (OSCEI).  Many  members  of  Par- 
liament and  of  the  Constitutional  Court  actively  opposed  President  Lukashenko's 
proposals  for  both  substantive  and  procedural  reasons.  The  justices  asserted  that 
the  referendum  gave  Lukashenko  control  over  the  legislative  and  judicial  branches 
of  government  and  extended  his  term  in  office,  criticized  it  on  procedural  grounds 
as  an  unconstitutional  means  to  eliminate  the  Constitution's  checks  and  balances 
and  grant  the  President  virtually  unlimited  powers. 

In  the  period  leading  up  to  the  referendum,  opponents  of  President  Lukashenko's 
proposals  were  denied  access  to  the  media,  election  officials  failed  to  record  the 
names  of  early  voters,  and  no  texts  of  the  proposed  Constitution  were  made  avail- 
able to  voters  until  several  days  after  people  began  voting.  As  a  result  of  these  irreg- 
ularities, the  head  of  the  Central  Election  Commission  (CEC)  announced  prior  to  the 
event  that  he  would  not  be  able  to  certify  the  results  of  the  referendum.  President 
Lukashenko  promptly  fired  him,  although  the  Constitution  in  force  at  the  time  gave 


988 

the  Parliament  the  exclusive  authority  to  appoint  and  dismiss  the  CEC  Chairman. 
Members  of  the  security  forces  forcibly  removed  the  head  of  the  CEC  from  his  office. 
Shortly  thereafter,  the  Prime  Minister  resigned  in  protest  of  President 
Lukashenko's  refusal  to  cancel  the  widely  criticized  referendum. 

Most  members  of  the  international  community  chose  not  to  send  election  monitors 
to  observe  the  referendum  because  of  the  illegitimacy  of  the  entire  process.  Human 
rights  organizations,  including  the  Lawyers  Committee  for  Human  Rights,  the  Com- 
mittee to  Protect  Journalists,  and  Human  Rights  Watch,  protested  the  conduct  of 
the  referendum. 

The  Constitutional  Court  formally  ruled  that  the  issues  posed  in  President 
Lukashenko's  referendum  could  not  be  legally  decided  through  a  referendum,  and 
that  its  results  should  be  purely  advisory,  consistent  with  the  Constitution.  How- 
ever, after  winning  the  referendum — according  to  the  Government's  results — Presi- 
dent Lukashenko  Began  to  implement  it  immediately.  The  new  Constitution  estab- 
lished a  bicameral  legislature.  Its  110-member  lower  house  was  formed  out  of  the 
membershijp  of  the  existing  Supreme  Soviet;  deputies  volunteered  or  were  lured  by 
promises  oi  free  housing  and  other  benefits  to  serve  in  the  new  body.  TTie  64-mem- 
oer  upper  house  was  created  by  a  combination  of  presidential  appointments  and 
elections  by  the  six  oblast  councils  and  the  Minsk  City  Council.  The  transition  left 
86  electoral  districts  unrepresented  because  the  new  Constitution  reduced  the  num- 
ber of  representatives,  and  also  because  a  full  Supreme  Soviet  had  never  been  seat- 
ed, largely  due  to  the  executive  branch's  intervention  in  the  1995  elections. 

There  are  no  legal  restrictions  on  women's  participation  in  politics  and  govern- 
ment. However,  with  the  exception  of  the  judiciary,  social  barriers  to  women  in  poli- 
tics are  strong,  and  men  hold  virtually  all  leadership  positions.  In  the  acting  legisla- 
ture, women  hold  19  of  110  seats  in  the  upper  house  and  5  of  64  in  the  lower  house. 
The  Deputy  Chair  of  the  upper  house  is  a  woman.  The  Minister  of  Social  Security 
is  the  only  female  member  of  the  Council  of  Ministers. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Belarus's  worsening  human  rights  record  drew  the  attention  of  many  inter- 
national human  rights  organizations,  and  there  are  several  local  human  rights 
groups  active  in  the  country.  In  general,  human  rights  monitors  noted  the  Govern- 
ment's willin^ess  to  discuss  human  rights,  and  international  organizations  were 
not  hindered  in  visiting  Belarus.  However,  human  rights  monitors  reported  that  the 
Government  presented  obstacles  when  they  tried  to  investigate  alleged  human 
rights  violations.  The  Government  monitored  their  correspondence  and  telephone 
conversations.  Members  of  the  Belarusian  Helsinki  committee  were  occasionally  ar- 
rested while  observing  demonstrations.  One  human  rights  monitor  was  punched  and 
threatened  after  trying  to  gather  information  on  a  trial.  Another  was  arrested  in 
October  while  on  a  human  rights  fact-finding  mission,  but  was  subsequently  re- 
leased. Border  guards  confiscated  video  material  from  a  foreign  member  of  Human 
Rights  Watch/Helsinki. 

The  Ministry  of  Justice  claimed  that  the  Belarusian  League  for  Human  Rights 
(BLHR)  was  not  properly  registered  for  a  period  of  almost  2  years.  In  September 
a  group  of  former  BLHR  employees,  with  the  complicity  of  the  militia,  raided  the 
BLilR  office,  which  also  served  as  home  to  the  BLHR  chairman  Evgeny  Novikov 
who  is  an  outspoken  critic  of  the  Government  and  who  has  presented  his  findings 
internationally.  Within  days  the  BLHR  was  reregistered  under  this  new  group.  The 
group  accused  Novikov  of  embezzling  grant  money  from  the  European  Union's  Tech- 
nical Assistance  to  the  CIS  (TACIS)  fund,  while  Novikov  countercharged  that  this 
group  tried  to  blackmail  him.  In  November  a  police  investigator  beat  Novikov  in  an 
attempt  to  force  a  confession  to  charges  of  wrongdoing  made  against  him  by  the  new 
BLHR. 

The  European  Union  (EU),  the  Council  of  Europe  (COE),  the  European  Par- 
liament, and  the  OSCE  sent  delegations  to  Belarus  to  observe  the  human  rights  sit- 
uation and  discuss  the  Government's  failure  to  adhere  to  democratic  principles.  EU- 
mediated  talks  between  the  Government  and  political  opposition  broke  down  over 
what  the  EU  termed  the  Government's  obstructive  attitude.  In  December  the  Gov- 
ernment agreed,  after  long  resistance,  to  the  establishment  of  a  resident  OSCE  Ad- 
visory and  Monitoring  Group  in  Minsk. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 
The  Constitution  states  that  all  citizens  are  equal  before  the  law  and  have  a  right, 
without  any  discrimination,  to  equal  protection  of  their  rights  and  legitimate  inter- 
ests, but  it  does  not  specifically  prohibit  discrimination  based  on  factors  such  as 


989 

race,  sex,  or  religion.  The  Law  on  Citizenship,  passed  by  the  Parliament,  grants  citi- 
zenship to  any  person  living  permanently  on  the  territory  of  Belarus  as  of  October 
19,  1991.  Those  who  arrived  in  Belarus  after  that  date  and  wish  to  become  citizens 
are  required  to  submit  an  application  for  citizenship,  take  an  oath  to  support  the 
Constitution,  have  a  legal  source  of  income,  and  have  lived  in  the  country  for  7 
years.  The  1995  Law  on  Immigration  and  Migration  provided  numerical  limits  on 
new  citizens  but  the  Parliament  again  failed  to  budget  funds  for  its  implementation. 

Women. — Although  statistics  are  not  available,  domestic  violence  including  spous- 
al abuse  against  women  is  a  significant  problem,  according  to  women's  groups. 
There  are  laws  against  spousal  abuse.  Knowledgeable  sources  indicate  that  police 
generally  are  not  hesitant  to  enforce  the  laws  against  domestic  violence  and  that 
the  courts  are  not  reluctant  to  impose  sentences.  The  main  problem,  according  to 
women's  groups,  is  a  general  reluctance  among  women  to  report  incidents  of  domes- 
tic violence. 

The  law  requires  equal  wages  for  equal  work;  however,  such  is  not  always  the 
case  in  practice.  Women  have  significantly  less  opportunity  for  advancement  to  the 
upper  ranks  of  management.  Women  report  that  managers  frequently  take  into  con- 
sideration whether  a  woman  has  children  when  considering  potential  job  opportuni- 
ties. 

The  level  of  education  of  women  is  higher  than  that  of  men.  Women  make  up  58 
percent  of  workers  with  a  higher  education  and  66  percent  of  workers  with  a  spe- 
cialized secondary  education.  Despite  the  higher  levei  of  education,  women  are  em- 
ployed in  lower  paying  fields,  such  as  health  care  and  education.  In  these  sectors, 
between  two-thirds  and  three-fourths  of  the  employees  (mostly  women)  are  living 
beneath  the  official  poverty  level.  Women  are  equal  to  men  before  the  law  with  re- 
gard to  property  ownership  and  inheritance. 

There  are  active  women's  groups,  most  of  them  focusing  on  issues  such  as  child 
welfare,  environmental  concerns  (in  the  aftermath  of  Chernobyl),  and  preserving  the 
family.  A  private  university  in  Minsk  established  the  country's  first  gender-studies 
faculty  this  year. 

Children. — ^The  Government  is  committed  to  children's  welfare  and  health,  par- 
ticularly as  related  to  the  consequences  of  the  nuclear  accident  at  Chornobyl,  and, 
with  the  help  of  foreign  donors,  gives  them  special  attention.  By  law  everyone  is  en- 
titled to  health  care,  including  children.  Children  begin  school  at  the  age  of  6  and 
are  required  to  complete  9  years,  although  the  (jovemment  makes  11  years  of  edu- 
cation available  at  no  cost.  Higher  education  is  also  available  at  no  cost  on  a  com- 
Setitive  basis.  Families  with  children  receive  token  Government  benefits.  A  World 
ank  study  found  that  the  majority  of  those  living  in  poverty  are  families  with  mul- 
tiple children  or  single  mothers. 

There  does  not  appear  to  be  a  societal  pattern  of  abuse  of  children. 

People  With  Disabilities. — ^A  1992  law  mandated  accessibility  to  transport,  resi- 
dences, businesses,  and  offices  for  the  disabled;  however,  facilities,  including  trans- 
port and  office  buildings,  often  are  not  accessible  to  them.  The  Government,  facing 
a  deteriorating  economic  situation,  failed  to  budget  suflicient  funds  to  implement 
these  laws.  However,  when  the  Government  slashed  subsidies  for  most  sectors  of  so- 
ciety, most  subsidies  for  the  disabled  remained  in  force. 

Religious  Minorities. — Societal  anti-Semitism  exists,  but  it  is  not  usually  mani- 
fested openly.  Senior  Government  ofiicials,  including  the  President,  and  the  State 
media  used  coded  anti-Semitism  in  their  attacks  on  perceived  opponents.  At  the 
time  of  former  National  Bank  Chairwoman  Tamara  Vinnikova's  arrest  in  January 
for  alleged  malfeasance  (see  Sections  I.e.  and  l.d.),  the  state  media  made  insinu- 
ations about  a  previous  trip  to  Israel.  In  March  the  President  and  media  highlighted 
journalist  Aleksandr  Stupnikov's  Israeli  citizenship  when  accusing  him  oT  tenden- 
tious reporting  and  expelling  him  from  the  country.  President  Lukashenko  com- 
plained to  the  Russian  Duma  about  Stupnikov's  reporting,  saying  that  the  Russian 
television  network  NTV  for  which  Stupnikov  worked  "did  not  find  anything  better 
than  sending  an  Israeli  citizen  as  its  correspondent  in  Belarus."  In  addition,  author- 
itative government  officials  and  media  cited  "certain  forces"  (a  term  usually  under- 
stood to  be  a  reference  to  Jews)  as  being  behind  what  the  Government  regarded  as 
a  provocation  by  Russian  television  network  (ORT)  managers.  The  largest  share- 
holder of  ORT  is  Jewish. 

On  January  1,  the  weekend  home  of  the  editor  of  a  Jewish  newspaper  was  burned 
down  and  the  following  day  unknown  persons  painted  swastikas  and  other  Nazi  em- 
blems on  the  door  of  nis  apartment.  It  is  unclear  whether  the  house  burning  was 
an  anti-Semitic  act,  an  accident,  or  an  act  of  revenge  against  the  editor's  son,  who 
allegedly  has  ties  to  the  Mafia. 

Albert  Lavrenev  (see  Sections  I.e.,  and  I.e.)  was  the  victim  of  an  unfair  legal  proc- 
ess. Based  on  all  available  evidence  presented  at  his  trials  and  gathered  by  human 


990 

rights  monitors,  it  appears  that  Lavrenev's  case  was  initiated  as  a  result  of  his 
neighbors'  anti-Semitism.  The  neighbors  previously  had  harassed  Lavrenev  and  his 
family  with  anti-Semitic  remarks  and,  in  searching  for  someone  to  blame  for  the 
murder  of  their  mother,  chose  Lavrenev  without  credible  evidence  to  support  their 
accusation. 

A  report  by  the  Belarus  League  for  Human  Rights  noted  that  individuals  associ- 
ated with  the  deceased  woman  threatened  the  Lavrenevs,  using  anti-Semitic  epi- 
thets. As  a  result  of  this  harassment,  the  Lavrenevs  sent  their  daughter  to  live  with 
a  relative  out  of  fear  that  the  neighbor  would  harm  her.  According  to  Lavrenev, 
local  investigating  officers  used  anti-Semitic  epithets  during  his  interrogation. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  upholds  the  right  of  workers,  ex- 
cept state  security  and  military  personnel,  to  form  and  join  independent  unions  on 
a  voluntary  basis  and  to  carry  out  actions  in  defense  of  worker  rights,  including  the 
right  to  strike.  However,  these  rights  are  not  recognized  in  practice.  The  independ- 
ent trade  union  movement  is  still  in  its  infancy.  The  Belarusian  Free  Trade  Union 
was  established  in  1991  and  registered  in  1992.  Following  the  1995  Minsk  Metro 
workers  strike,  the  President  issued  a  decree  suspending  its  activities.  In  1996  the 
Free  Trade  Union  leaders  formed  a  new  umbrella  organization,  the  Congress  of 
Democratic  Trade  Unions  (encompassing  four  leading  independent  unions),  with 
over  20,000  members.  The  government  has  taken  measures  to  suppress  independent 
trade  unions.  For  example,  members  of  independent  trade  unions  have  been  ar- 
rested for  distributing  union  literature,  had  material  confiscated  at  the  borders  (see 
Section  2.a.),  and  have  been  pressured  by  their  managers  and  state  security  services 
to  resign  from  their  jobs  because  of  their  trade  union  activities. 

For  most  of  the  year,  the  Government  continued  its  illegal  ban  on  the  Free  Trade 
Union  (suspended  in  1995  after  the  Minsk  Metro  Workers'  strike)  and  refused  to 
register  the  Congress  of  Democratic  Trade  Unions.  In  December,  largely  in  response 
to  mounting  international  attention  to  worker  rights  violations,  the  Government  or- 
dered the  Ministry  of  Justice  to  reregister  the  Free  Trade  Union  and  register  the 
Congress  of  Democratic  Trade  Unions,  whose  August  appeal  to  the  Supreme  Court 
to  be  registered  had  been  denied.  The  Government  also  announced  it  was  taking  ac- 
tion to  respond  to  the  International  Labor  Organization's  questions  about  the  com- 
plaint made  to  the  ILO  in  1996  in  which  the  Belarusian  independent  trade  unions 
and  the  International  Confederation  of  Free  Trade  Unions  accused  the  Government 
of  arresting  labor  leaders,  preventing  strikes,  and  restricting  freedom  of  association. 

Employees  at  state-run  enterprises  are  discouraged  from  joining  independent 
trade  unions  (see  Section  2.b.).  The  Belarusian  branch  of  the  former  Soviet  Union's 
AU-Union  Central  Council  of  Trade  Unions — currently  the  Federation  of  Trade 
Unions  of  Belarus  (FTUB) — is  by  far  the  largest  trade  union  organization.  This  fed- 
eration of  5  million  members  has  continued  to  disagree  with  the  (jovemment  about 
some  policies,  but  has  not  been  willing  to  seriously  challenge  the  regime.  Workers 
are  often  automatically  inducted  into  the  FTUB,  and  their  union  dues  are  deducted 
from  their  wages.  Independent  labor  leaders  believe  that  the  official  trade  unions' 
control  over  social  functions  usually  performed  by  the  State  (such  as  pension  funds) 
is  an  obstacle  to  the  growth  of  true,  independent  trade  unions. 

Unions  may  freely  affiliate  with  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Legislation  dating  from  the 
Soviet  era  provides  for  the  right  to  organize  and  bargain  collectively.  Since  the  econ- 
omy is  still  largely  in  the  hands  of  the  State,  unions  usually  seek  redress  at  the 
political  level.  Workers  and  independent  unions  have  recourse  to  the  court  system. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  1994  constitution  prohibits 
forced  labor,  except  in  cases  when  the  work  or  service  to  be  performed  is  fixed  by 
a  court's  decision  or  in  accordance  with  the  law  on  the  state  of  emergency  or  martial 
law.  The  constitutional  provision  prohibiting  forced  or  bonded  labor  applies  to  all 
citizens,  although  its  application  to  children  is  not  specified.  With  the  possible  ex- 
ception of  juvenile  prisoners,  forced  labor  does  not  occur.  (See  Section  6.d.) 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  law 
establishes  16  as  the  minimum  age  for  employment  of  children.  With  the  written 
consent  of  one  parent  (or  legal  guardian),  a  child  of  14  years  may  conclude  a  labor 
contract.  The  Prosecutor  (general's  Office  reportedly  enforces  this  law  effectively. 
The  constitutional  provision  prohibiting  forced  or  bonded  labor  applies  to  all  citi- 
zens, although  its  application  to  children  is  not  specified  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  President's  administration  sets  a  mini- 
mum wage,  which  was  raised  once  in  response  to  inflation.  As  of  October  1,  the 
monthly  minimum  wage  was  less  than  $\0  (200,000  Belarusian  rubles).  The  mini- 
mum wage  does  not  provide  a  decent  standard  of  living  for  a  worker  and  family. 


991 

The  Constitution  and  Labor  Code  set  a  limit  of  40  hours  of  work  per  week  and  pro- 
vide for  at  least  one  24-hour  rest  period  per  week.  Because  of  the  difficult  economic 
situation,  an  increasing  number  of  workers  find  themselves  working  considerably 
less  than  40  hours  per  week.  Factories  often  require  workers  to  take  unpaid  fur- 
loughs due  to  shortages  of  raw  materials  and  energy,  and  to  lack  of  demand  for  fac- 
toiT  output. 

The  law  establishes  minimum  conditions  for  workplace  safety  and  worker  health; 
however,  these  standards  are  often  ignored.  Workers  at  many  hea'/y  machinery 
plants  do  not  wear  even  minimal  safety  gear,  such  as  gloves,  hard  hats,  or  welding 
glasses.  A  State  Labor  Inspectorate  exists  but  does  not  have  the  authority  to  enforce 
compliance,  and  violations  are  often  ignored.  There  is  no  provision  in  the  law  that 
allows  workers  to  remove  themselves  Trom  dangerous  work  situations  without  risk- 
ing their  jobs. 


BELGIUM 

Belgium  is  a  parliamentary  democracy  under  a  constitutional  monarch  who  plays 
a  mainly  symbolic  role.  The  Council  of  Ministers  (Cabinet),  led  by  the  Prime  Min- 
ister, holds  office  as  long  as  it  retains  the  confidence  of  the  lower  house  of  the  bi- 
cameral Parliament.  Constitutional  reforms  enacted  in  1993  transformed  Belgium 
from  a  unitary  into  a  federal  state  with  several  levels  of  government,  including  na- 
tional, regional  (Flanders,  Wallonia,  and  Brussels),  and  community  (Flemish, 
Francophone,  and  German)  levels.  The  judiciary  is  independent. 

The  Government  maintains  effective  control  of  all  security  forces.  The  Police 
Judiciaire  and  the  Belgian  Gendarmerie  share  responsibility  for  internal  security 
with  municipal  police.  In  September  the  Government  announced  a  plan  to  reorga- 
nize the  federal  and  municipal  police  forces.  The  reorganization  envisions  an  inte- 
gration of  the  Police  Judiciare  and  the  Gendarmerie  at  the  federal  level.  At  the  local 
level,  the  plan  calls  for  closer  cooperation  between  federal  and  municipal  police.  The 
plan  also  calls  for  the  creation  of  an  oversight  body  for  the  federal  police. 

Belgium  is  a  highly  industrialized  state  with  a  vigorous  private  sector  and  limited 
government  participation  in  industry.  The  economy  supports  a  high  standard  of  liv- 
ing for  most  citizens. 

The  Government  respects  the  human  rights  of  its  citizens,  and  the  law  and  the 
judiciary  provide  effective  means  of  dealing  with  individual  instances  of  abuse. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  such  practices,  and  there  were  no  reports  that  officials  employed 
them. 

Prison  conditions  vary.  Newer  prisons  meet  international  standards.  Older  facili- 
ties meet  or  strive  to  meet  minimum  international  standards  despite  their  Spartan 
physical  conditions  and  limited  resources.  The  Government  permits  visits  by  human 
rights  monitors.  In  December  the  prison  system,  designed  to  hold  6,933  prisoners, 
had  8,231  occupants.  In  early  1997,  the  Government  implemented  a  program  of  pris- 
on refurbishment  and  expansion  designed  to  reduce  overcrowding.  The  program  is 
designed  to  improve  overall  conditions  and  expand  capacity  to  8,000  prison  beds  by 
the  year  2000. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest,  deten- 
tion, or  exile,  and  the  Government  observes  this  prohibition.  Arrested  persons  must 
be  brought  before  a  judge  within  24  hours.  Pretrial  confinement  is  subject  to  month- 
ly review  by  a  panel  of  judges,  which  may  extend  pretrial  detention  based  on  estab- 
lished criteria  (e.g.,  whether,  in  the  court's  view,  the  arrested  person  would  be  likely 
to  commit  further  crimes  or  attempt  to  flee  if  released).  Bail  exists  in  principle 
under  the  law  but  is  rarely  granted.  The  Government  no  longer  sees  a  need  to  sepa- 
rate convicted  criminals  and  pretrial  detainees.  Pretrial  detainees  receive  different 
benefits  from  convicted  criminals,  such  as  more  frequent  family  visitation  rights. 
Approximately  40  percent  of  the  total  prison  population  consists  of  pretrial  detain- 
ees. Arrested  persons  are  allowed  prompt  access  to  a  lawyer  of  their  choosing  or, 
if  they  cannot  afford  one,  to  an  attorney  appointed  by  the  state. 

The  Government  does  not  use  forced  exile. 


992 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides 
citizens  with  a  fair  and  efficient  judicial  process.  The  judicial  system  is  organized 
according  to  specialization  and  territorial  jurisdiction,  with  5  territorial  levels:  can- 
ton (222),  district  (27),  province  (9),  courts  of  appeal  (5),  and  the  whole  Kingdom — 
the  Cour  de  Cassation.  The  latter  is  the  highest  appeals  court.  In  the  wake  of  public 
dissatisfaction  with  the  Government's  handling  of  the  1996  Duti*oux  pedophue  in- 
vestigation. Parliament  enacted  legislation  desired  to  improve  the  functioning  of 
the  judiciary.  This  legislation  included  the  creation  of  a  board  of  attorneys -general, 
whose  purpose  is  to  oversee  and  streamline  nationwide  policy  on  criminal  prosecu- 
tions. 

The  judiciary  enforces  the  law's  provision  for  the  right  to  a  fair  trial.  When  a  pre- 
liminary judicial  investigatory  phase  is  completed,  a  suspect  is  formally  chained  if 
the  evidence  so  warrants.  Charges  are  clearly  and  formally  stated,  and  there  is  a 
presumption  of  innocence.  All  defendants  have  the  right  to  be  present,  to  have  coun- 
sel (at  public  expense  if  needed),  to  confront  witnesses,  to  present  evidence,  and  to 
appeal.  Military  tribunals  try  military  personnel  for  common  law  as  well  as  military 
crimes.  All  military  tribunals  consist  oi  four  officers  and  a  civilian  judge.  At  the  ap- 
pellate level  the  civilian  judge  presides.  The  accused  has  the  right  of  appeal  to  a 
higher  military  court. 

Following  its  review  of  the  judicial  system,  the  (jovemment  implemented  several 
reforms  that  granted  stronger  rights  to  victims  of  crime.  These  measures  allow  vic- 
tims to  have  more  access  to  information  during  an  investigation,  as  well  as  the  right 
to  appeal  if  an  investigation  does  not  reach  a  decision  to  bring  charges.  As  part  of 
its  program  of  judicial  reform,  the  Government  in  November  opened  the  first  in  a 
series  of  planned  "justice  houses."  These  facilities  combine  a  variety  of  legal  services 
under  one  roof,  including  legal  aid,  mediation,  and  victims'  assistance.  The  Govern- 
ment plans  to  open  27  justice  houses  in  27  judicial  districts  by  2001. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 

f)rohibits  such  practices,  government  authorities  respect  these  prohibitions,  and  vio- 
ations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  these  freedoms,  and  the 
Government  respects  these  rights  in  practice.  An  independent  press,  an  effective  ju- 
diciary, and  a  functioning  democratic  political  system  combine  to  ensure  freedom  of 
speech  and  of  the  press,  including  academic  freedom. 

The  Government  operates  several  radio  and  television  networks  but  does  not  con- 
trol program  content.  Programs  are  super/ised  by  boards  of  directors  which  rep- 
resent the  main  political,  linguistic,  and  opinion  groups.  A  government  representa- 
tive sits  on  each  board  but  has  no  veto  power.  Private  radio  and  television  stations 
operate  with  government  licenses.  Almost  all  homes  have  access  by  cable  to  tele- 
vision from  other  Western  European  countries  and  elsewhere  abroaci.  Satellite  serv- 
ices are  also  available. 

There  are  restrictions  on  the  press  regarding  libel,  slander,  and  the  advocacy  of 
racial  or  ethnic  discrimination,  hate,  or  violence. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice.  Citizens  are  free  to  form  or- 

§anizations  and  establish  ties  to  international  bodies,  but  the  Antiracism  Law  (see 
ection  5)  prohibits  membership  in  organizations  that  practice  discrimination  overt- 
ly and  repeatedly. 

c.  Freedom  of  Religion. — The  Government  does  not  hinder  the  practice  of  any 
faith.  The  law  accords  "recognized"  status  to  Roman  Catholicism,  Protestantism,  Ju- 
daism, Anglicanism,  Islam,  and  Greek  and  Russian  Orthodoxy,  and  these  religions 
receive  subsidies  from  general  government  revenues.  Taxpayers  who  object  to  con- 
tributing to  religious  subsidies  have  no  recourse.  By  law,  each  recognized  religion 
has  the  right  to  provide  teachers  at  government  expense  for  religious  instruction  in 
schools,  but  not  all  avail  themselves  of  this  right.  For  recognized  religions,  the  Gov- 
ernment pays  the  salaries,  retirement,  and  lodging  costs  of  ministers  and  also  sub- 
sidizes the  renovation  of  church  buildings. 

The  Evangelical  Association  (a  joint  gioup  of  Evangelicals  and  Baptists)  claimed 
discrimination  during  the  year  when  the  Government  refused  to  consider  its  applica- 
tion for  recognized  status  separate  from  the  Protestant  religion.  Instead,  the  Gov- 
ernment offered  the  Evangelicals  and  the  Baptists  a  joint  seat  in  the  synod  of  the 
already  recognized  Protestant  religion.  The  Evangelicals  refused  the  offer  and  plan 
to  begin  a  new  round  of  negotiations  early  in  1998.  The  Government  successfully 
negotiated  a  settlement  with  the  Union  of  Baptist  Communities,  which  was  granted 


993 

and  accepted  a  seat  in  the  synod  of  the  Protestant  religion.  The  lack  of  independent 
recognized  status  does  not  prevent  religious  groups  from  practicing  freely. 

The  Government  established  a  commission  to  create  a  policy  to  combat  the  poten- 
tial dangers  that  sects  may  represent  to  society,  especially  children.  In  April  this 
parliamentary  commission  issued  its  report,  which  divided  sects  into  two  broadly  de- 
fined categories.  It  characterized  a  "sect"  as  any  religious-based  organization,  and 
a  "harmful  sect"  as  a  group  that  may  pose  a  threat  to  society  or  individuals.  Par- 
liament adopted  the  report's  recommendations,  including  the  creation  of  an  inde- 
pendent center  to  observe  sects.  The  report  also  recommended  the  creation  of  a  spe- 
cial police  unit  to  coordinate  information  exchange  among  law  enforcement  agencies 
that  monitor  sects,  as  well  as  the  designation  of  special  magistrates  at  each  judicial 
district  level  to  handle  cases  involving  sects. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees.  The  Government 
provides  first  asylum,  and  during  the  first  10  months  of  the  year,  9,753  new  applica- 
tions for  asylum  were  filed,  compared  to  10,079  for  the  same  period  in  1996.  A  total 
of  1,335  applicants,  mostly  from  previous  years,  were  granted  permanent  residence. 
Counting  applications  from  previous  years,  a  total  of  16,154  applications  remained 
pending. 

All  asylum  seekers  can  plead  their  cases  before  immigration  authorities.  There 
were  no  reports  of  forced  expulsion  of  those  having  a  valid  claim  to  refugee/asylee 
status.  Prior  to  March  1995,  the  Government  had  a  special  procedure  for  refugees 
from  the  former  Yugoslavia  under  which  5,000  to  6,000  persons  received  "displaced 
person"  status,  while  their  cases  were  further  considered.  In  September  the  Govern- 
ment offered  financial  incentives  for  travel  and  housing  to  displaced  persons  from 
Bosnia-Herzegovina.  At  that  time,  4,392  displaced  persons  from  the  former  Yugo- 
slavia were  still  residing  in  Belgium.  In  November  the  Government  announced  that 
it  would  grant  temporary  residence  permits  to  4,000  of  the  Bosnian  refugees.  These 
individuals  may  also  apply  for  permanent  resident  status. 

As  a  result  of  a  1996  amendment  to  immigration  law,  asylum  seekers  arriving  by 
air  with  no  papers  have  been  detained  indefinitely  while  awaiting  consideration  of 
their  cases.  Children  in  such  centers  do  not  attend  school.  In  September  the  Govern- 
ment imposed  an  8-month  limit  on  these  detentions.  If  no  asylum  decision  has  been 
reached  by  the  end  of  the  8-month  period,  then  the  asylum  seeker  is  released  or 
voluntarily  repatriated.  At  the  discretion  of  the  Minister  of  Interior,  the  Cabinet 
may  exempt  certain  cities,  which  have  already  accepted  large  refugee  populations, 
from  giving  legal  residence  to  new  refugees/asylees. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  law  provides  citizens  with  the  right  to  change  their  government  peacefully. 
Citizens  the  age  of  18  and  older  exercise  this  right  in  practice  through  periodic,  free, 
and  fair  elections  held  on  the  basis  of  universal  and  compulsory  (under  penalty  of 
fine)  suffrage.  Direct  popular  elections  for  parliamentary  seats  (excluding  some  Sen- 
ators elected  by  community  councils  and  others  elected  by  Senate  members)  are  held 
at  least  every  4  years.  Opposition  parties  operate  freely. 

Belgium  has  failed  to  comply  with  a  European  Council  directive  requiring  member 
states  to  accord  to  all  citizens  of  European  Union  countries  resident  in  another  EU 
country  the  right  to  vote  in  municipal  elections.  Because  of  Belgium's  failure  to  meet 
the  1996  compliance  deadline,  the  European  Commission  has  referred  the  case  to 
the  European  Court  of  Justice. 

The  Federal  Government  is  responsible  for  such  matters  of  state  as  security,  jus- 
tice, social  security,  and  fiscal  and  monetary  policy.  TTie  regional  governments  are 
charged  with  matters  that  directly  affect  the  geographical  regions  and  the  material 
well-Deing  of  their  residents,  such  as  commerce  and  trade,  public  works,  and  envi- 
ronmental policy.  The  linguistic  community  councils  handle  matters  more  directly 
affecting  the  mental  and  cultural  well-being  of  the  individual,  such  as  education  and 
administration  of  certain  social  welfare  programs. 

Women  hold  some  high-level  positions  in  the  Government.  Two  of  15  federal  min- 
isters are  women.  In  the  Federal  Parliament,  19  of  150  House  members  and  18  of 
71  Senators  are  women.  The  law  requires  that  33  percent  of  the  candidates  on  the 
ballot  in  all  future  elections  be  women. 

The  existence  of  communities  speaking  Dutch,  French,  and  German  engenders 
significant  complexities  for  the  State.  Most  major  institutions,  including  political 


994 

parties,  are  divided  along  linguistic  lines.  National  decisions  often  take  into  account 
the  specific  needs  of  each  regional  and  linguistic  group. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Numerous  human  ri^ts  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  findings  on  human  rights  cases.  Government  ofiicials 
are  very  cooperative  and  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  discrimination  based  on  the  listed  factors,  and  the  Government 
enforces  it.  With  Dutch,  French,  and  German  as  official  languages,  Belgium  has  a 
complex  linguistic  regime,  including  language  requirements  for  various  elective  and 
appointive  positions. 

Women. — The  law  prohibits  the  physical  abuse  of  women,  and  the  Government  en- 
forces this  ban.  The  law  also  prohibits  organizing  prostitution  or  assisting  immigra- 
tion for  purposes  of  prostitution.  In  November  Parliament  passed  a  law  that  defines 
and  criminalizes  domestic  violence.  The  legislation  protects  married  as  well  as  un- 
married partners  and  also  requires  the  government  to  maintain  statistics  concerning 
domestic  violence.  The  intention  is  to  make  it  easier  to  report,  prosecute,  and  keep 
statistics  on  crimes  involving  domestic  violence.  Currently  neither  the  Government 
nor  NGO's  dealing  with  women's  issues  have  any  accurate  statistics  on  the  problem, 
which  the  parliamentary  report  accompanying  the  bill  termed  still  "covered  by  a  cul- 
ture of  silence." 

The  Government  actively  promotes  a  comprehensive  approach  to  the  integration 
of  women  at  all  levels  of  decisionmaking.  The  Division  of  Equal  Opportunity,  a  part 
of  the  Ministry  of  Labor,  focuses  specifically  on  issues  affecting  women,  including 
violence  against  women,  sexual  harassment,  and  the  participation  of  women  in  the 
political  process.  A  telephone  hot  line  for  female  victims  of  violence  was  shut  down 
during  the  year;  calls  about  violence  are  now  directed  toward  French  and  Flemish 
general  help  lines. 

Children. — Belgium  has  comprehensive  child  protection  laws,  which  the  Govern- 
ment seeks  to  enforce.  The  Francophone  and  Flemish  communities  have  agencies 
dealing  with  children's  needs.  Government  and  private  groups  provide  shelters  for 
runaways  and  counseling  for  children  who  have  been  physically  or  sexually  abused. 
The  Government  provides  compulsory  education  up  to  the  age  of  18. 

In  1995  the  Government  enacted  laws  designed  to  combat  child  pornography  by 
increasing  penalties  for  such  crimes  and  for  those  in  possession  of  pedophilic  mate- 
rials. The  law  permits  prosecution  of  Belgians  who  commit  such  crimes  abroad.  An- 
other 1995  law  provides  that  criminals  convicted  of  the  sexual  abuse  of  children  can- 
not receive  parole  without  first  receiving  specialized  assistance  and  must  continue 
counseling  and  treatment  upon  their  release  from  prison. 

Belgium  is  both  a  transit  point  and  destination  for  trafficking  in  women  and  chil- 
dren. In  the  first  half  of  1997,  120  children  from  37  different  countries  were  traf- 
ficked in  the  country,  the  largest  number  from  Romania  (21). 

In  1996  the  authorities  uncovered  a  pedophile/child  pornography  and  trafficking 
ring.  The  criminal  investigation  of  this  ring  continued  through  1997.  Five  suspects 
remained  in  detention;  however,  their  trial  was  unlikely  to  begin  before  mid-1998. 
A  parliamentary  commission  continued  to  investigate  allegations  of  corruption  and 
complicity  in  the  law  enforcement  and  judicial  system.  By  December  no  judicial  or 
police  officers  had  been  imprisoned  or  sanctioned  for  collusion  related  to  the 
pedophile  case. 

In  response  to  the  public  outcry  over  the  handling  of  the  pedophile  case,  the  Gov- 
ernment established  a  center  for  missing  and  exploited  children.  The  Prime  Minister 
appointed  the  center's  president  and  board  of  directors  in  May,  and  the  center 
opened  in  December. 

Children  have  the  right  to  a  voice  in  court  cases  that  affect  them,  such  as  divorce 
proceedings.  The  law  states  that  a  minor  "capable  of  understanding"  can  request 
permission  to  be  heard  by  a  judge,  or  a  judge  can  request  an  interview  with  a  child. 
Child  prostitution  is  of  limited  scope,  but,  in  response  to  recommendations  made  in 
a  1994  government  study,  police  have  received  instructions  to  be  especially  diligent 
in  combating  prostitution  among  those  who  appear  to  be  under  the  age  of  18. 

There  is  no  societal  pattern  oiabuse  directed  against  children. 

People  With  Disabilities. — The  law  provides  for  protection  from  discrimination 
against  disabled  persons  in  employment,  education,  and  in  the  provision  of  other 
state  services.  The  Government  mandates  that  public  buildings  erected  since  1970 
be  accessible  to  the  disabled  and  offers  subsidies  to  induce  the  owners  of  other 


995 

buildings  to  make  necessary  modifications.  Many  older  buildings,  however,  are  not 
accessible. 

The  government  provides  financial  assistance  for  the  disabled.  It  ofFers  special  aid 
for  parents  of  disabled  children  and  for  disabled  parents.  Regional  and  community 
programs  provide  other  assistance,  such  as  job  training.  Disabled  persons  are  eligi- 
ble to  receive  services  in  any  of  the  three  regions  (Flanders,  Wallonia,  or  Brussels), 
not  just  their  region  of  residence. 

National  I  Racial  I  Ethnic  Minorities. — Belgium  is  a  pluralistic  society  in  which  in- 
dividual differences  in  general  are  respected  and  linguistic  rights  in  particular  are 
protected.  Some  60  percent  of  citizens  are  native  Dutch  speakers;  about  40  percent 
are  French  speakers;  and  fewer  than  1  percent  are  German  speakers. 

An  Antiracism  Law  penalizes  the  incitement  of  discrimination,  hate,  or  violence 
based  on  race,  ethnicity,  or  nationality.  It  is  illegal  for  providers  of  goods  or  services 
(including  housing)  to  discriminate  on  the  basis  of  any  of  these  factors  and  for  em- 
ployers to  consider  these  factors  in  their  decisions  to  hire,  train,  or  dismiss  people. 

The  Center  for  Equal  Opportunity  and  the  Fight  Against  Racism,  a  parliamentary 
organization  tasked  with  investigating  complaints  of  discrimination  based  on  race, 
handled  2,068  calls  asking  for  information  in  1996.  Of  these  calls,  1,086  were  to 
make  actual  complaints,  leading  to  mediation  or  court  action  in  762  cases.  In  the 
first  8  months  of  1997,  the  Center  handled  approximately  1,100  calls,  800  of  which 
were  actual  complaints. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Under  the  Constitution,  workers  have  the  right  to 
associate  freely.  This  includes  freedom  to  organize  and  join  unions  of  their  own 
choosing.  The  Government  does  not  hamper  such  activities,  and  workers  in  fact  fully 
and  freely  exercise  their  right  of  association.  About  60  percent  of  workers  are  mem- 
bers of  labor  unions.  This  number  includes  employed  and  unemployed  workers. 
Unions  are  independent  of  the  Government  but  have  important  links  with  major  po- 
litical parties.  Since  the  Government  does  not  require  unions  to  register,  there  are 
no  prohibitions  against  antiunion  actions  before  registration. 

Unions  have  the  right  to  strike,  and  strikes  by  civil  servants  and  workers  in  "es- 
sential" services  are  tolerated.  Despite  government  irritation  over  wildcat  strikes  by 
air  traffic  controllers,  no  strikers  were  prosecuted.  A  number  of  significant  labor 
strikes  and  work  stoppages  took  place  during  the  year.  (Ministry  of  Labor  statistics 
show  that  37  strikes  took  place  in  1996,  involving  13,788  workers;  no  figures  were 
available  for  1997.)  Even  though  many  strikes  begin  as  wildcat  actions,  strikers  are 
not  prosecuted  for  conducting  illegal  strikes. 

The  International  Confederation  of  Free  Trade  Unions  (ICFTU)  in  its  "Annual 
Survey  of  Violations  of  Trade  Union  Rights  1997"  noted  a  1996  practice  of  using 
civil  court  rulings  to  end  strikes.  The  ICFTU  report  stated  that  the  rulings  include 
a  threat  of  fines  against  strikers.  After  noting  that  these  rulings  had  been  made 
without  giving  a  hearing  to  the  unions,  the  I(JFTU  report  concluded  that  such  rul- 
ings call  into  question  the  free  exercise  of  the  right  to  strike.  The  report  acknowl- 
edged government  efforts  to  solve  this  problem.  It  also  noted  that  there  was  a  de- 
crease in  the  number  of  such  court  rulings.  This  development  is  a  result  of  labor- 
management  talks  in  1996,  which  brokered  an  informal  agreement  to  minimize 
court  rulings  in  exchange  for  less  secondary  boycott  activity  by  the  unions. 

Unions  are  free  to  form  or  join  federations  or  confederations  and  are  free  to  affili- 
ate with  international  labor  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  right  to  organize  and 
bargain  collectively  is  recognized,  protected,  and  exercised  freely.  Every  other  year 
the  Belgian  Employers  Federation  and  unions  negotiate  a  nationwide  collective  bar- 
gaining agreement,  covering  2.4  million  private  sector  workers,  that  establishes  the 
iramework  for  negotiations  at  plants  and  branches.  In  1996  the  nationwide  collec- 
tive bargaining  taUts  failed,  but  talks  at  the  branch  level  in  1997  resulted  in  numer- 
ous agreements  covering  1.5  million  private  sector  workers.  Public  sector  workers 
also  negotiate  collective  bargaining  agT^eements.  Collective  bargaining  agreements 
apply  equally  to  union  and  nonunion  members,  and  over  90  percent  oi  workers  are 
thus  covered  under  collective  bargaining  agreements.  As  part  of  the  Government's 
global  economic  reform  plan,  wage  increases  in  both  private  and  public  sectors  re- 
main suspended.  However,  the  suspension  did  not  afTect  Belgium's  wage  indexation 
policy,  which  permits  an  across-the-board  wage  increase  to  keep  workers'  pay  level 
with  inflation. 

The  law  prohibits  discrimination  against  organizers  and  members  of  unions  and 
protects  against  the  termination  of  contracts  of  members  of  workers'  councils,  mem- 
bers of  health  or  safety  committees,  and  shop  stewards.  Employers  found  guilty  of 
antiunion  discrimination  are  required  to  reinstate  workers  fired  for  union  activities. 


996 

Effective  mechanisms  such  as  the  labor  courts  exist  for  adjudicating  disputes  be- 
tween labor  and  management. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor,  in- 
cluding by  children,  is  illegal  and  does  not  occur.  Domestic  workers  and  all  other 
workers  have  the  same  rights  as  nondomestic  workers.  The  law  prohibits  forced  and 
bonded  child  labor,  and  the  Government  enforces  this  prohibition  effectively.  The 
Government  also  enforces  laws  against  those  who  seek  to  employ  undocumented  for- 
eign workers. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  employment  of  children  is  15,  but  schooling  is  compulsory  until  the 
age  of  18.  The  Government  prohibits  forced  and  bonded  child  labor  and  enforces  this 
prohibition  effectively.  Youths  between  the  ages  of  15  and  18  may  participate  in 

f)art-time  work/study  programs  and  may  work  mil  time  during  school  vacations.  The 
abor  courts  effectively  monitor  compliance  with  national  laws  and  standards.  There 
are  no  industries  where  any  significant  child  labor  exists. 

e.  Acceptable  Conditions  of  Work. — In  August  the  monthly  national  minimum 
wage  rate  for  workers  over  21  years  of  age  was  set  at  $1,214  (44,538  BF);  18-year- 
olds  must  be  paid  at  least  82  percent  of  tne  minimum,  19-year-olds  88  percent,  and 
20-year-olds  94  percent.  The  minimum  wage  rate,  coupled  with  extensive  social  ben- 
efits, provides  workers  with  a  standard  of  living  appropriate  to  a  highly  developed 
nation.  Minimum  wages  in  the  private  sector  are  set  in  biennial,  nationwide  collec- 
tive bargaining  meetings(see  Section  6.b.),  which  lead  to  formal  agreements  signed 
in  the  National  Labor  Council  and  made  mandatory  by  royal  decree  for  the  entire 
private  sector.  In  the  public  sector,  the  minimum  wage  is  determined  in  negotiations 
between  the  Government  and  the  public  service  unions.  The  Ministry  of  Labor  effec- 
tively enforces  the  law  regarding  minimum  wages.  By  law,  the  standard  workweek 
cannot  exceed  40  hours  and  must  have  at  least  one  24-hour  rest  period.  Many  collec- 
tive bargaining  agreements  set  standard  workweeks  of  36  to  39  hours.  The  law  re- 
Quires  overtime  pay  for  hours  worked  in  excess  of  the  standard.  Work  done  from 
the  9th  to  the  llth  hour  per  day  or  from  the  40th  to  the  50th  hour  per  week  is 
considered  allowable  overtime.  Longer  workdays  are  permitted  only  if  agreed  upon 
in  a  collective  bargaining  agreement.  These  laws  and  regulations  are  enforced  effec- 
tively by  the  Ministry  of  Labor  and  the  labor  courts. 

Comprehensive  provisions  for  worker  safety  are  mandated  by  law.  Collective  bar- 
gaining agreements  can  supplement  these  laws.  Workers  have  the  right  to  remove 
tnemselves  from  situations  that  endanger  their  safety  or  health  without  jeopardy  to 
their  continued  employment,  and  the  law  protects  workers  who  file  complaints  about 
such  situations.  The  Labor  Ministry  implements  health  and  safety  legislation 
through  a  team  of  inspectors  and  determines  whether  workers  qualify  for  disability 
and  medical  benefits.  Health  and  safety  committees  are  mandated  by  law  in  compa- 
nies with  more  than  50  employees.  Labor  courts  effectively  monitor  compliance  with 
national  health  and  safety  laws  and  standards. 


BOSNIA  AND  HERZEGOVINA 

The  1995  General  Framework  Agreement  for  Peace  in  Bosnia  and  Herzegovina 
(the  Dayton  Accords),  signed  after  3  years  of  war,  provided  for  the  continuity  of 
Bosnia-Herzegovina,  originally  one  of  the  constituent  republics  of  Yugoslavia,  as  a 
single  state,  Bosnia  and  Herzegovina.  The  Agreement  also  provided  for  two  constitu- 
ent entities  within  the  state:  the  Federation  of  Bosnia  and  Herzegovina  (the  Federa- 
tion) and  the  Republika  Srpska  (RS).  The  Federation,  which  incorporates  the  areas 
with  a  Bosniak  (Muslim)  and  Croat  majority,  occupies  51  per  cent  of  the  territory; 
the  RS,  populated  mostly  by  Bosnian  Serbs,  occupies  49  per  cent.  The  Dayton  Ac- 
cords established  a  constitution  for  Bosnia  and  Herzegovina  that  includes  a  central 
government  with  a  bicameral  legislature,  a  three-member  presidency  comprised  of 
a  representative  of  each  major  ethnic  group,  a  council  of  ministers,  a  constitutional 
court,  and  a  central  bank.  The  Accord  also  provided  for  a  High  Representative 
(OHR)  to  oversee  implementation  of  its  civilian  provisions.  Defense  remains  under 
the  control  of  the  respective  entities.  In  1997  the  three  members  of  the  joint  presi- 
dency agreed  on  legislation  establishing  a  number  of  key  common  institutions,  in- 
cluding Taws  on  the  central  bank,  the  budget,  and  customs.  The  main  political  par- 
ties continue  to  exercise  significant  political  power  at  all  levels.  These  were  the 
Party  of  Democratic  Action  (SDA)  in  predominantly  Bosniak  areas,  the  Serb  Demo- 
cratic Party  (SDS)  in  the  RS,  and  the  Croatian  Democratic  Union  of  Bosnia  and 
Herzegovina  (HDZ)  in  Croat  areas.  Although  the  judiciary  if  formally  independent 


997 

in  all  entities,  it  remains  subject  to  influence  by  ruling  political  parties  and  by  the 
executive  branches  of  government. 

Municipal  elections,  originally  slated  to  take  place  concurrently  with  the  1996  na- 
tional and  provincial  elections,  were  postponed  until  September  1997  because  of 
widespread  fraud  in  registering  Serb  voters.  There  were  few  reports  of  political  har- 
assment or  violence  during  the  1997  campaign  period  compared  with  the 
f)reelectoral  period  in  1996.  During  the  voter  registration  period,  the  Organization 
or  Security  and  Cooperation  in  Europe  (OSCE)  enforced  sanctions  against  parties 
that  attempted  to  register  voters  fraudulently.  Despite  threats  of  a  boycott  by  the 
Croat  and  Serb  nationalist  parties,  elections  took  place  on  September  13  and  14, 
and  well  over  70  percent  of  the  population  took  part.  Most  of  those  voting  cast  their 
ballots  for  municipalities  where  tney  had  lived  prior  to  the  war.  For  this  reason, 
election  results  proved  difficult  to  implement  in  some  areas,  as  majority  groups  at- 
tempted to  prevent  minority  representatives  from  assuming  their  municipal  govern- 
ment seats. 

One  of  the  two  entities  that  make  up  Bosnia  and  Herzegovina,  the  Federation  of 
Bosnia  and  Herzegovina,  was  established  in  March  1994  and  transformed  the  inter- 
nal structure  of  the  Bosnian  territories  under  Bosniak  and  Croat  control.  It  is  a 
mixed  system  with  a  president  and  a  parliament  that  must  approve  the  president's 
choice  of  prime  minister.  Federation  structures  have  been  implemented  only  gradu- 
ally. Major  steps  were  the  creation  of  provincial  structures  in  the  form  of  cantons, 
the  unification  of  Sarajevo  under  Federation  control,  and  September  1996  elections 
to  a  Federation  parliament.  The  obstacles  to  establishing  a  new,  unified  city  admin- 
istration in  the  ethnically  bifurcated  city  of  Mostar  illustrate  the  difficulty  of  meld- 
ing Bosniak  and  Croat  institutions. 

The  Republika  Srpska  of  Bosnia  and  Herzegovina  is  the  other  entity.  Its  adminis- 
trative and  politica.  system  is  split,  with  Bania  Luka  as  the  seat  of'^the  RS  presi- 
dent, and  a  powerful  group  around  former  Serb  leader  Radovan  Karadzic  located  in 
Pale  near  Sarajevo.  A  president  and  two  vice  presidents  are  directly  elected  for  4- 
year  terms.  The  legislative  branch,  the  National  Assembly,  is  elected  on  the  basis 
of  proportional  representation.  The  dominant  political  party,  the  SDS, 
heacMjuartered  in  Pale,  however,  exercised  real  control.  Until  the  summer,  the  party 
ensured  conformity  among  local  authorities  in  many  areas  of  the  RS  and  used  its 
authority  to  ensure  adherence  to  nationalistic  positions. 

In  September  1996,  then-acting  RS  President  Biljana  Plavsic  was  elected  Presi- 
dent for  a  full  term.  However,  former  RS  President  Radovan  Karadzic  continued  to 
wield  important  influence  behind  the  scenes.  Starting  in  June,  Plavsic  publicly  criti- 
cized SDS  leaders  for  corruption,  and  when  she  attempted  to  dissolve  the  RS  assem- 
bly and  call  new  elections  Tor  October,  the  SDS  leadership  contested  her  authority 
to  do  so  in  the  RS  Constitutional  Court.  Under  heavy  p>olitical  pressure  and  physical 
intimidation — including  the  severe  beating  of  one  judge  by  Bosnian  thugs  at  the 
instigation  of  Serb  political  leaders — the  Court  ruled  against  Plavsic,  despite  her 
constitutional  authority  to  dissolve  the  assembly.  The  decision  did  not  end  the  politi- 
cal controversy  and  lacked  legitimacy,  since  the  justices  were  intimidated.  In  Sep- 
tember RS  President  Plavsic  and  Serb  member  of  the  Bosnian  Presidency  Krajisnik 
agreed  to  hold  early  elections  for  the  RS  Assembly.  The  elections  were  held  on  No- 
vember 22  and  23.  Due  to  intense  OSCE  efforts,  voting  to  fill  the  83-seat  assembly 
was  carried  out  with  few  difficulties,  and  voter  turnout  was  approximately  70  per- 
cent. The  hard-line  nationalist  Serb  parties  lost  their  parliamentary  majority.  Sub- 
sequently, a  Grovemment  strongly  supportive  of  the  Dayton  Accords,  led  by  a  mem- 
ber of  the  Independent  Social  Democratic  Party,  was  formed  with  the  votes  of  mod- 
erate Serb  parties  as  well  as  Bosniak  and  Croat  representatives. 

The  Constitution  of  Bosnia  and  Herzegovina  (Annex  4  of  the  Dayton  Accords) 
made  the  Federation  and  the  RS  responsible  for  maintaining  civilian  law  enforce- 
ment agencies  that  operate  in  accordance  with  intemationallyrecognized  standards. 
Under  the  auspices  of  the  International  Police  Task  Force  (IPTF)  established  by  the 
United  Nations  (U.N.)  pursuant  to  Annex  11  of  the  Dayton  Accords,  police  in  both 
entities  is  undergoing  restructuring  and  training  on  proper  police  procedure  and 
human  rights.  This  process  is  expected  to  be  completed  by  mid-1998.  Law  enforce- 
ment bodies  of  both  entities  have  on  many  occasions  violated  international  stand- 
ards, giving  preferential  treatment  on  the  basis  of  political,  ethnic,  and  religious  cri- 
teria. Another  problem  was  the  existence  of  special  or  secret  police  in  all  three  eth- 
nic areas,  a  throwback  to  the  Communist  heritage.  These  forces  are  not  in  the  nor- 
mal police  chain  of  command  but  respond  directly  to  the  senior  political  leadership. 
In  addition  to  locally  recruited  poli(«  forces,  each  entity  also  maintains  an  army.  Po- 
lice throughout  the  country  committed  human  rights  abuses. 

The  Stabilization  Force  (SFOR)  led  by  the  North  Atlantic  Treaty  Organization 
continued  its  mission  to  implement  the  military  aspects  of  the  Dayton  Accords  and 


998 

create  a  more  secure  environment  for  implementation  of  the  nonmilitary  aspects  of 
the  settlement,  such  as  civilian  reconstruction,  the  return  of  refugees  and  displaced 
persons,  elections,  and  freedom  of  movement  of  the  civilian  papulation. 

Since  the  Dayton  Accords,  signs  of  economic  revival  are  evident,  particularly  in 
the  Federation.  In  BiH  real  gross  domestic  product  (GDP)  almost  doubled  since 
1995,  and  GDP  growth  in  1997  was  expected  to  be  30  percent.  Unemployment 
dropped  from  90  to  50  percent,  and  wages  more  than  quadrupled  in  the  Federation, 
up  to  $145  (260  DM)  per  month.  Bosnia-Herzegovina  remains  heavily  dependent  on 
international  reconstruction  assistance,  and  the  anticipated  return  of  remgees  from 
abroad  is  expected  to  compound  the  problem  of  creating  sufficient  jobs.  International 
assistance,  which  is  conditioned  upon  compliance  with  the  Dayton  Accords,  financed 
the  physical  construction  of  infrastructure  and  provided  loans  to  the  manufacturing 
sector.  An  August  donors  conference  garnered  $1.4  billion  in  pledges  for  Bosnian  re- 
construction. 

The  commitment  to  respect  citizens'  human  rights  and  civil  liberties  remains  ten- 
uous in  Bosnia  and  Herzegovina,  and  the  degree  of  respect  for  these  rights  contin- 
ues to  vary  among  areas  with  Bosniak,  Bosnian  Croat,  and  Bosnian  Serb  majorities. 
In  many  areas  the  reduction  in  interethnic  abuses  and  discrimination  oweci  less  to 
reconciliation  than  to  the  groups'  continuing  separation. 

Human  rights  abuses  by  the  police  declined  in  1997,  but  serious  problems  persist. 
Police  continued  to  conmiit  abuses  throughout  Bosnia-Herzegovina.  Police  and  mobs 
that  appeared  organized  by  local  authorities  committed  a  few  extrajudicial  killings. 
For  example,  West  Mostar  police  shot  and  killed  a  retreating  Bosniak  man;  a 
Bosniak  man  was  killed  when  mobs  in  Jajce,  with  police  complicity,  burned  4  houses 
and  expelled  more  than  435  Bosniak  returnees;  and  a  group  of  displaced  Bosniak 
women  beat  a  returning  Serb  refugee  to  death  in  Visoko  and  held  violent  dem- 
onstrations protesting  Serb  returns.  In  two  incidents  in  the  Travnik  area,  ethnic 
Croat  returnees  were  murdered  by  unknown  assailants,  and  Croats  in  the  area  sub- 
sequently complained  about  insufficient  police  efforts  to  find  the  perpetrators  and 
about  the  lack  of  security. 

Members  of  the  security  forces  abused  and  physically  mistreated  citizens.  They 
also  continued  to  use  arbitrary  arrest  and  detention,  although  to  a  lesser  extent 
than  during  the  previous  year.  Criminal  procedure  legislation  held  over  since  the 
Yugoslav  period  granted  police  wide  latitude  to  detain  suspects  for  long  periods  of 
time  before  filing  formal  charges.  Police  ofi,en  exceeded  even  the  broad  powers 
granted  them  by  law — those  illegally  detained  included  two  Serb  men  released  in 
August  who  had  been  registered  by  the  Red  Cross  as  missing  since  September  1995 
and  "war  criminals"  in  Una-Sana  Canton  whose  arrest  was  not  authorized  by  the 
ICTY.  Prison  conditions  continued  to  be  poor. 

IF*TF  and  SFOR  supervision  of  police  produced  a  number  of  improvements,  such 
as  the  dismantlement  of  virtually  all  fixed  police  checkpoints,  which  greatly  en- 
hanced freedom  of  movement.  In  August  the  SFOR  announced  that  it  would  begin 
inspecting  and  monitoring  special  police  units  in  both  the  Federation  and  the  KS 
under  military  provisions  of  the  Dayton  Accords.  These  units  are  composed  of 
former  state  security  police  officers  that  are  outside  the  regular  chain  of  command 
and  have  close  ties  to  hard-line  nationalist  parties. 

The  judiciary  in  all  entities  remained  subject  to  coercive  influence  by  dominant 
political  parties  and  by  the  executive.  In  many  areas,  close  ties  exist  between  courts 
of  law  and  the  ruling  parties,  and  those  judges  who  show  independence  are  subject 
to  intimidation  by  the  authorities.  For  example,  a  judge  on  the  RS  Constitutional 
Court  was  severely  beaten  by  thugs  prior  to  a  major  politically  related  case.  Even 
when  independent  decisions  are  rendered,  local  authorities  often  refuse  to  carry 
them  out.  Authorities  in  all  areas  infringed  on  citizens'  right  to  privacy  and  home. 

Although  authorities  imposed  some  limits  on  freedom  of  assembly  and  association, 
there  was  marked  improvement  compared  with  1996,  especially  during  the  election 
campaigns.  Authorities  and  dominant  political  parties  in  their  respective  areas  of 
Bosnia-Herzegovina  exerted  influence  over  the  media,  and  freedom  of  speech  and 
the  press  was  limited  to  varying  degrees  in  the  different  entities.  Political  influence 
was  particularly  egregious  in  parts  of  the  RS  broadcast  media,  which  strongly 
backed  the  Pale-based  SDS  party  leaders  at  the  expense  of  RS  President  Biljana 
Plavsic.  The  RS  media  also  made  inflammatory  statements  against  the  SFOR  and 
the  ICTY  actions  directed  at  persons  indicted  for  war  crimes.  This  led  the  SFOR 
in  October  to  take  control  of  a  number  of  broadcasting  facilities  in  the  RS.  In  con- 
trast, in  the  western  RS,  there  was  notable  development  of  an  independent  media. 
International  donors  are  attempting  to  expand  the  broadcasting  range  of  the  Open 
Broadcast  Network  (OBN)  in  an  enort  to  promote  more  objective  reporting  in  the 
RS.  Academic  freedom  was  constrained. 


999 

Severe  ethnic  discrimination  continues,  particularly  in  the  treatment  of  refugees. 
Expulsions  of  minorities  who  had  remained  in  place  throughout  the  war  generally 
have  ended,  with  the  significant  exception  of  the  harassed  Bosniak  community  in 
the  RS  town  of  Teshc.  More  often,  local  authorities  and  organized  mobs  violently 
resisted  the  return  of  minority  refugees.  RS  and  Bosnian  Croat  authorities  encour- 
aged their  own  people  to  remain  or  move  to  areas  where  their  group  was  in  the  ma- 
jority, rather  than  stay  in  or  return  to  their  homes.  Inadequate  property  and  am- 
nesty laws  further  impeded  returns,  few  of  which  involved  minorities.  Some  restric- 
tions on  freedom  of  movement  and  the  destruction  of  houses  continued.  Religious 
discrimination  and  economic  discrimination  remained  problems.  Mob  violence  was 
also  a  problem. 

Most  wartime  atrocities  remained  unpunished.  The  SFOR's  July  10  arrest  of  one 
suspected  war  criminal  and  killing  of  another  in  self-defense,  both  of  whom  were 
on  a  list  of  sealed  indictments  issued  by  the  International  Criminal  Tribunal  for  the 
Former  Yugoslavia  (ICTY),  triggered  a  hail  of  inflammatory  statements  in  the  RS- 
dominated  media  and  over  a  dozen  attacks  against  international  representatives. 
Ten  Croats  indicted  for  war  crimes  surrendered  to  the  ICTY  In  October  following 
massive  international  pressure  on  Croatia,  and  in  December  SFOR  troops  seized 
two  more  Bosnian  war  crimes  suspects. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  was  one  report  of  a  political 
killing  by  police.  On  February  10,  approximately  750  Bosnian  Croats  confronted  500 
Bosniaks  visiting  a  graveyard  in  West  Mostar  on  a  Muslim  religious  holiday.  At  the 
edge  of  the  cemetery  the  group  of  Bosniaks  was  stopped  by  plainclothes  and  uni- 
formed Bosnian  Croat  police  officers  who  began  to  beat  members  of  the  group.  When 
the  group  retreated,  a  number  of  police  opened  fire  at  the  crowd,  killing  1  person 
and  injuring  19  others.  The  Croat  police  were  led  by  the  West  Mostar  chief  of  police, 
who  was  in  plainclothes  at  the  time.  A  United  Nations  (U.N.)  IPTF  investigation 
identified  five  police  officers  who  were  involved  in  the  incident.  The  higher  court  in 
Mostar  handed  down  suspended  sentences  for  three  officers  and  acquitted  two  men. 
The  Human  Rights  Ombudsperson  for  Bosnia-Herzegovina  issued  a  special  report 
in  April  that  faulted  local  authorities  for  failing  to  conduct  an  impartial  investiga- 
tion and  a  fair  judicial  proceeding. 

In  the  period  of  August  1  to  3,  Croat  authorities  orchestrated  mob  protests 
against  Bosniaks  who  recently  returned  to  several  villages  in  the  municipality  of 
Jajce.  In  addition  to  the  burning  of  four  houses,  one  Bosniak  was  found  murdered 
inside  a  house.  In  view  of  police  complicity  in  the  events,  the  IPTF  conducted  the 
investigation  into  the  arson  and  the  death,  and  recommended  dismissal  of  the  chief 
of  police  and  his  deputy  as  well  as  disciplinary  action  against  eight  other  officers. 
The  local  authorities  implemented  these  recommendations,  although  the  deputy  was 
transferred  to  a  non-supervisory  post  for  one  year  rather  than  dismissed.  IRTF  is 
also  investigating  other  similar  incidents. 

Mob  violence  continued  to  be  a  problem.  For  example,  a  group  of  Bosniak  civilians 
beat  a  Serb  man  who  was  visiting  a  cemetery  in  Visoko  on  March  1.  The  man  died 
of  his  injuries  5  days  later.  The  case  against  those  responsible  is  proceeding  slowly 
in  the  courts. 

Extensive  killings  and  other  brutal  acts  committed  in  earlier  years  remained 
unpunished.  These  acts  include  the  7,000  persons  missing  and  presumed  killed  by 
the  Bosnian  Serb  army  aft^r  the  fall  of  Srebrenica,  and  another  1,500  to  5,000  miss- 
ing and  presumed  killed  as  a  result  of  "ethnic  cleansing"  in  northern  Bosnia. 

The  ICTY  indicted  78  individuals  on  charges  of  war  crimes  and  genocide  in  con- 
nection with  these  and  other  occurrences.  In  view  of  the  failure  of  appropriate  au- 
thorities to  surrender  the  indicted  persons  to  the  ICTY,  the  Tribunal  began  to  issue 
issued  a  limited  number  of  "sealed"  (unpublished)  indictments.  SFOR  troops  ar- 
rested some  of  those  on  the  list  of  sealed  indictments  in  1997.  On  July  10,  British 
troops  in  Prijedor  arrested  Milan  Kovacevic  and  killed  Simo  Drljaca  in  self-defense 
when  he  resisted  arrest.  Hard-line  RS  media  bitterly  denounced  the  arrest  and 
death  and  endorsed  violent  action  against  representatives  of  the  international  com- 
munity. Unknown  assailants  attacked  the  facilities  of  the  SFOR  troops  and  inter- 
national organizations  stationed  in  the  RS  in  over  a  dozen  incidents.  By  the  end  of 
1997  only  19  of  those  accused  by  the  ICTY  were  in  custody,  and  2  persons  had  been 
convicted. 

b.  Disappearance. — There  were  no  reports  of  politically-motivated  disappearances 
in  1997,  and  investigations  into  some  earlier  disappearances  make  progress,  despite 
delays. 


45-909    98-33 


1000 

Several  sites  have  been  excavated  and  hundreds  of  bodies  found,  but  many  per- 
sons from  Srebrenica  and  Zepa  are  still  missing. 

In  addition  to  those  killed  in  Srebrenica  and  Zepa,  the  International  Committee 
of  the  Red  Cross  (ICRC)  reported  in  July  that  it  received  tracing  requests  from  fam- 
ily members  on  19,380  persons  missing  from  the  war  years;  1,133  of  these  persons 
were  accounted  for.  The  ICRC  noted  that  Serb,  Croat,  and  Bosniak  authorities 
should  be  able  to  provide  more  information  in  response  to  its  inquiries,  particularly 
those  concerning  432  persons  who  are  known  to  have  been  detained  at  one  time  in 
connection  with  the  war  and  who  are  still  missing.  The  ICRC  also  called  for 
stepped-up  exhumation  efforts,  although  it  acknowledged  that  in  many  cases  this 
complex  process  would  not  lead  to  positive  identification. 

Former  Senator  Robert  Dole  took  over  the  chairmanship  of  an  international  com- 
mission on  missing  persons  established  by  the  International  Committee  of  the  Red 
Cross. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  provides  for  the  right  to  freeaom  from  torture  and  cruel  or  inhu- 
man treatment  or  punishment.  No  reliable  reports  emerged  that  any  of  those  in  au- 
thority in  Bosnia  and  Herzegovina  employed  torture  as  an  instrument  of  state.  How- 
ever, in  all  areas  of  the  country,  authorities,  police,  and  prison  officials  were  respon- 
sible for  numerous  instances  of  physical  mistreatment  at  the  time  of  arrest  and  dur- 
ing detention.  In  some  areas,  the  growing  number  of  complaints  in  part  reflect  citi- 
zens' increased  access  to  international  human  rights  groups  and  growing  confidence 
that  allegations  of  abuse  would  not  trigger  retribution  against  the  complainants. 
However,  frequent  reports  of  excessive  force  used  in  some  places  suggests  local  au- 
thorities tolerate  such  abuses.  According  to  a  number  of  reports,  police  beat  drivers 
dragged  from  their  cars  and  beat  detainees  during  questioning. 

The  International  Police  Task  Force  made  significant  progress  in  its  efforts  to  re- 
structure and  professionalize  the  police.  By  the  end  of  December  the  IPTF  has  cer- 
tified police  in  eight  of  the  ten  Federation  cantons,  six  of  which  had  integrated  their 
police  forces  to  reflect  the  prewar  ethnic  composition  of  the  area.  Human  Dignity 
and  basic  skills  training  was  well  underway  in  these  cantons.  In  the  RS,  police  re- 
structuring had  begun  in  Banja  Luka,  Trebinja,  Doboj,  Mrkonjic  Grad,  and  Prijedor, 
and  was  schedulea  to  be  completed  throughout  the  entity  by  May  1998.  Brcko  de- 
ployed a  certified  and  ethnically  integrated  police  force  in  December  1997. 

Serb  police  often  employed  excessive  force  to  prevent  Bosniak  former  residents 
from  returning  to,  or  staying  in,  territory  designated  as  RS  territory  in  the  Daj^n 
Accords.  Local  Serb  police  apparently  took  no  action  against  the  perpetrators  of  se- 
vere incidents  involving  harassment.  Similar  patterns  of  abuse  occurred  in  Croat- 
majority  areas. 

As  mentioned  above,  Bosnian  Croat  police  used  excessive  force  against  a  crowd 
of  Bosniaks  visiting  a  West  Mostar  graveyard  on  February  10,  resulting  in  the  death 
of  one  Bosniak  man  (see  Section  l.a.).  A  June  IPTF  investigation  of  the  Sarajevo 
canton  police  force  looked  into  29  allegations  of  police  abuse  and  use  of  excessive 
force  in  5  police  stations  in  the  period  irom  January  1  to  June  15.  The  investigation 
substantiated  seven  cases  of  abuse,  and  recommended  disciplinary  action  against 
the  officers  involved.  Of  the  cases  in  which  excessive  force  was  alleged,  3  were  un- 
true, and  the  remaining  20  allegations  were  not  confirmed  due  to  lack  of  evidence 
or  serious  irvjury.  The  Sarajevo  police  force  took  disciplinary  measures  against  sev- 
eral of  the  ofiicers. 

Human  Rights  Watch  (HRW)  has  documented  a  pattern  of  severe  police  abuses 
by  SDA-controlled  local  police  in  Velika  Kladusa  and  Cazin,  although  the  frequency 
of  such  acts  has  greatly  diminished  since  1996  as  a  result  of  intense  monitoring  and 
intervention  by  international  human  rights  organizations.  The  HRW  identified  most 
of  those  abused  as  persons  formerly  associated  with  Fikret  Abdic,  who  led  a  break- 
away Bosniak  region  during  the  war.  The  IPTF  investigated  a  number  of  reported 
cases  of  police  abuse  in  Brcko  and  Banja  Luka,  in  the  nS,  as  well  as  in  Drvar,  in 
a  Croat-majority  region  of  the  Federation.  The  officers  found  responsible  for  these 
abuses  were  either  dismissed  from  the  force  or  fined. 

In  1997  police  were  provided  with  human  dignity  and  basic  skills  training.  To- 
ward the  end  of  the  year,  such  training  began  in  the  RS  as  well.  In  addition,  the 
IPTF  is  working  with  local  police  to  develop  their  own  internal  controls  and  capacity 
to  conduct  their  own  investigations  of  police  abuse.  Until  recently,  RS  police  gen- 
erally had  failed  to  cooperate  with  international  monitors,  particularly  on  police  re- 
structuring. For  example,  they  refused  to  give  the  IPTF  the  names  of  officers  on  po- 
lice rolls.  After  the  internal  dispute  between  competing  factions  in  the  RS  broke  out 
in  the  summer,  police  in  the  western  RS  took  a  much  more  cooperative  attitude  and 
by  year's  end,  both  the  Banja  Luka  and  Pale  leaderships  formally  had  committed 
to  begin  the  police  restructuring  process.  This  process  began  in  the  Banja  Luka 


1001 

area.  In  Brcko  RS  police  initially  refused  to  issue  identification  cards  to  returning 
Bosniaks  and  improperly  issued  cards  to  nonresident  Serbs  in  an  effort  to  distort 
electoral  results.  However,  in  October  the  Brcko  police  began  to  restructure  their 
organization  in  cooperation  with  the  IPTF. 

Conditions  in  Federation  and  RS  prisons  are  poor  and  well  below  minimum  inter- 
national standards. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — There  were  fewer  cases  of  arbitrary  ar- 
rest and  detention  in  both  the  Federation  and  the  RS  compared  with  1996.  In  both 
entities,  police  enjoy  great  latitude  based  on  Communist-era  criminal  procedure 
laws  that  permit  the  police  to  detain  persons  up  to  6  months  without  bringing  for- 
mal charges  against  them.  In  the  Federation,  these  laws  are  currently  being  revised, 
with  the  aim  of  eliminating  this  practice. 

Of  major  concern  were  reports  of  prisoners  held  before  the  Dajrton  Accords  came 
into  effect  who  have  not  been  registered  and  whose  locations  are  unknown  to  mon- 
itors. In  several  other  instances,  authorities  have  detained  members  of  ethnic  mi- 
norities in  the  hope  of  exchanging  these  prisoners  for  members  of  their  own  ethnic 
n^oup  who  are  detained  elsewhere  in  Bosnia.  The  Bosnia-Herzegovina  Human 
Rights  Chamber  reported  that  in  a  particularly  egregious  and  well-known  case, 
Tomislav  Matanovic,  a  Croat  priest  from  FVijedor,  and  his  parents  disappeared  after 
they  were  arrested  in  the  RS  in  September  1995.  Their  whereabouts  remain  un- 
known, although  in  1996,  RS  authorities  acknowledged  their  detention  and  ex- 
pressed interest  in  swapping  them  for  Serb  prisoners.  On  August  4,  two  Serb  men 
who  had  been  registered  by  the  ICRC  as  missing  since  September  1995  were  freed 
from  an  isolated  section  in  the  Zenica  military  prison. 

Una-Sana  authorities  are  currently  holding  apmioximately  10  individuals  in  the 
Luka  prison  near  Bihac  on  charges  of  war  crimes.  Their  arrests  and  detentions  were 
done  without  ICTY  approval,  in  violation  of  the  February  1996  agreement  signed 
in  Rome  by  the  parties  to  the  Dayton  Accords  (a  Serb  prisoner,  Milorad  Marceta, 
was  released  on  August  12).  Some  detainees  were  beaten  severely  before  their  im- 
prisonment. 

There  were  no  reports  that  forced  exile  was  practiced  as  a  juridical  device.  How- 
ever, police  often  failed  to  provide  protection  to  individuals  being  mistreated  by  ele- 
ments of  the  population,  with  the  same  end  in  mind.  In  the  RS  there  were  continu- 
ing attempts  to  expel  families,  notably  in  Teslic,  where  Serb  thugs  and  members  of 
the  civil  protection  unit  from  nearby  villages  intimidated  or  attempted  to  evict  most- 
ly Bosniak  families.  Land  confiscations  were  also  reported. 

In  the  Federation,  on  February  10  approximately  30  Bosniak  families  were  forc- 
ibly removed  from  their  homes  in  West  Mostar,  after  the  cemetery  confrontation 
that  occurred  earlier  in  the  day  (see  Section  l.a.).  Most  of  those  families  later  re- 
turned to  their  homes,  after  the  international  community  exerted  heavy  pressure  on 
local  authorities.  Pressure  on  Bosniaks  to  emigrate  through  land  expropriation  and 
denial  of  employment  also  occurred  in  Tomislavgrad. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, extends  the  judiciary's  independence  to  the  investigative  division  of  the  crimi- 
nal justice  system,  and  establishes  a  judicial  police  force  that  reports  directly  to  the 
courts.  However,  Yugoslav  and  wartime  practices  in  which  the  executive  and  the 
leading  political  parties  exerted  considerable  influence  over  the  judicial  system  per- 
sisted in  all  areas.  Party  affiliation  and  political  connections  weighed  heavily  in  the 
appointment  of  prosecutors  and  judges.  In  particular,  Bosnian  nongovernmental  or- 
ganizations (NGrO's)  expressed  concern  over  the  judicial  selection  process  in  eight 
Federation  cantons,  especially  in  Sarajevo  and  Tuzla.  Bosnian  legal  experts  argued 
that  the  laws  on  judicial  selection  in  those  two  cantons  are  inconsistent  with  the 
canton  and  Federation  Constitutions. 

The  existing  judicial  hierarchy  in  the  Federation  is  based  on  municipal  courts, 
which  have  original  jurisdiction  in  most  civil  and  criminal  cases,  and  cantonal 
courts,  which  have  appellate  jurisdiction  over  the  canton's  municipalities,  as  well  as 
three  federal  courts  (constitutional,  supreme,  and  human  rights).  The  Constitution 
provides  for  the  appointment  of  judges  who  serve  until  the  age  of  70  and  for  internal 
administration  of  the  judicial  branch. 

The  Constitution  provides  for  open  and  public  trials,  and  the  accused  has  the 
right  to  legal  counsel.  In  April  an  RS  municipal  court  in  the  town  of  Zvomik  found 
seven  Bosniaks  guilty  of  murdering  four  Serb  civilians  in  May  1996  and  of  possess- 
ing illegal  weapons.  International  organizations  found  the  court's  proceedings  deeply 
flawed  and  called  on  the  court  to  retry  the  case  in  accordance  with  fair  trial  stand- 
ards. Human  rights  groups  pointed  to  the  lack  of  evidence,  torture  of  the  defend- 
ants, and  the  refusal  to  allow  effective  representation  by  lawyers  chosen  by  the  de- 
fendants. Three  of  the  defendants  were  sentenced  to  21  years  each  for  murder;  the 
other  four  men  were  given  1-year  sentences  for  illegal  possession  of  firearms,  then 


1002 

freed  because  they  had  served  11  months  in  jail  awaiting  trial.  The  Human  Rights 
Ombudsperson  for  Bosnia-Herzegovina  is  reviewing  this  case. 

On  August  15,  the  RS  Constitutional  Court  ruled  that  RS  President  Plavsic  ex- 
ceeded her  authority  in  dissolving  the  RS  assembly,  despite  clear  constitutional  pro- 
visions to  the  contrary.  The  Court's  decision  was  clearly  made  under  duress — 
Bosnian  Serb  thugs  severely  beat  one  of  the  judges  in  advance  of  the  ruling. 

Human  rights  organizations  reported  that  judicial  institutions  in  both  entities 
were  controlled  or  influenced  by  the  ruling  parties.  As  a  result,  they  were  often  nei- 
ther able  nor  willing  to  try  cases  of  human  rights  abuse  referred  to  them.  Lack  of 
resources  and  a  backlog  oi  unresolved  cases  provided  a  convenient  and  credible  ex- 
cuse for  judicial  inaction.  Even  when  the  courts  rendered  a  fair  judgment,  local  offi- 
cials often  refused  to  implement  their  decisions. 

Except  for  the  alleged  war  crimes  cases  in  Una-Sana  Canton  (see  Section  l.d.), 
there  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — ^The 
Constitution  of  Bosnia  and  Herzegovina  provides  for  the  right  to  "private  and  family 
life,  home  and  correspondence"  and  the  right  to  protection  of  prooerty.  These  rights 
were  generally  better  observed  in  the  Federation  than  the  RS.  Neither  entity  nas 
acted  to  bring  propertv  law  into  conformity  with  international  norms.  Implementa- 
tion of  the  laws  that  do  exist  was  often  guided  by  considerations  of  ethnic  or  politi- 
cal advantage. 

In  most  places  the  authorities  continued  to  use  their  control  over  "socially-owned" 
and  privately-owned  housing  occupied  by  displaced  persons  or  other  nonowners  to 
slow  down  or  block  altogether  minority  returns.  While  the  main  problem  is  the  large 
number  of  displaced  persons  in  relation  to  available  housing  stock,  all  three  ethnic 
groups  have  used  the  control  of  housing  as  a  major  instrument  for  political  influ- 
ence-peddling and  enrichment. 

Reports  continued  of  persons  who  either  had  returned  to  their  homes  or  had  never 
left  who  found  their  residences  occupied  after  short  absences,  as  permitted  under 
Federation  and  RS  law.  In  Serb-  ana  Croat-controlled  areas,  authorities  appear  to 
have  incited  crowds  to  violence  against  minority  returnees.  In  Bosniak  areas  as 
well,  radical  elements  of  the  SDA  exerted  growing  influence  over  certain  groups  of 
displaced  persons,  inciting  them  to  acts  of  violence  against  returning  Serbs.  In  addi- 
tion, as  in  the  case  of  Jajce  (see  Section  l.a.),  there  were  a  number  of  cases  in  which 
returnees  were  subsequently  forced  to  leave  their  homes  under  threat,  although  in 
some  cases  external  intervention  succeeded  in  returning  those  evicted  to  their 
homes.  In  the  Bosniak-majority  Travnik  area,  Croat  returnees  were  shot  to  death 
in  their  homes  in  two  incidents — one  in  Augustand  one  in  November.  A  joint  inves- 
tigation by  Croat  and  Bosniak  police  and  IPTF  was  underway  at  year's  end.  The 
Bosniak  leadership  condemned  the  acts. 

Because  few  minorities  dared  to  return  to  the  RS,  the  most  frequent  cases  of  in- 
timidation against  returnees  occurred  in  Bosnian  Croat-controlled  regions.  In  addi- 
tion to  the  violence  in  Jajce,  in  early  May  Bosnian  Croats  burned  25  nouses  belong- 
ing to  former  Bosnian  Serb  residents  in  a  village  outside  the  western  Bosnia  town 
of  Drvar.  The  organized  attack,  which  occurred  shortly  after  Federation  mediators 
held  discussions  with  the  Drvar  mayor  on  possible  Bosnian  Serb  returns,  was  clear- 
ly intended  to  prevent  such  returns.  Weeks  before  the  arson  incidents,  the  Drvar 
mayor  incited  Croats  against  returning  Serbs  on  Drvar  radio,  and  Bosnian  Croat  of- 
ficials appear  at  least  to  have  acquiesced  in  the  attacks,  which  took  place  over  2 
days.  Other  homes  had  been  burned  near  Drvar  in  previous  months.  The  IPTF  in- 
vestigated and  concluded  that  the  chief  of  the  criminal  department  and  the  leader 
of  anti-terrorism  and  homicide  were  directly  involved  in  the  incidents.  On  rec- 
ommendation of  the  IPTF,  both  were  relieved  of  duty  on  June  3,  1997.  Organized 
mobs  also  repeatedly  have  obstructed  the  return  of  Bosniaks  to  Stolac,  now  Croat- 
controlled,  through  the  use  of  violence  and  intimidation.  On  August  16,  three  poten- 
tial returnees,  including  two  children,  were  assaulted  during  an  assessment  visit. 
The  investigation  of  this  attack  is  proceeding  slowly. 

Evictions  of  those  who  remained  in  their  homes  throughout  the  war  decreased 
dramatically,  in  large  part  because  so  many  minorities  had  already  been  forced  to 
relocate  to  areas  where  their  group  was  in  the  majority.  However,  in  some  areas 
minorities  continued  to  face  intense  pressure  to  move.  In  the  RS  town  of  Teslic, 
Bosnian  Serb  thugs  threatened  Bosniak  families,  burning  haystacks  and  burglariz- 
ing homes  in  a  campaign  that  appeared  to  be  backed  by  local  authorities.  Similar 
pressure  was  felt  oy  Bosniaks  in  Croat-controlled  areas,  e.g.  Jajce,  Stolac, 
Tomislavgrad,  and  Livno,  by  Serbs  in  Bosniak-controlled  areas  (Drvar),  and  by 
Croats  in  some  Bosniac  areas,  e.g.,  Bugojno. 

In  the  RS,  displaced  persons  generally  were  placed  in  dwellings  alongside  the  pri- 
mary occupants,  when  the  original  occupants  had  more  than  15  square  meters  per 


1003 

gerson.  These  unwanted  "roommates"  were  often  Serbs  inserted  into  Bosniak  or 
Iroat  households.  In  a  few  reported  cases,  the  dwelling's  owner  was  harassed  into 
vacating  his  bedroom  for  a  shed  in  the  backyard  or  abandoning  his  property  alto- 
gether. 

There  were  frequent  and  growing  reports  in  the  RS  of  threats  against  displaced 
persons,  particularly  those  concentrated  in  collective  centers,  who  spoke  with  rep- 
resentatives of  international  organizations  about  the  possibility  of  returning  to  their 
homes  in  the  Federation.  Noncompliant  displaced  persons  were  threatened  with  a 
cutoff  in  humanitarian  assistance,  permanent  exile  from  the  RS,  or  worse,  should 
they  break  solidarity  with  the  Serb  hard-liners  on  the  issue  of  return.  The  work  of 
the  United  Nations  High  Commissioner  for  Refugees  (UNHCR),  in  particular,  was 
affected  by  such  tactics,  with  persons  previously  anxious  to  return  home  subse- 
quently intimidated  into  silence. 

Throughout  the  country,  membership  in  the  leading  party  was  often  necessary  to 
obtain,  retain  or  regain  employment,  especially  in  the  management  of  state  enter- 
prises. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press.  This  right  was  partially  respected  in  the  Federation  and  in  the  west- 
em  Republika  Srpska,  but  less  so  in  the  eastern  RS.  Within  the  Federation,  press 
freedom  is  more  severely  restricted  in  Croat-majority  areas.  Some  progress  has  been 
made  in  establishing  independent  media  in  the  Federation  (though  only  in  Bosniak- 
maiority  areas)  and  in  the  Republika  Srpska,  particularly  in  Banja  Luka.  Party-con- 
trolled media — particularly  Croatian  State  Radio  and  Television — are  the  only  elec- 
tronic media  available  to  the  vast  majority  of  citizens  in  Croat-majority  areas  of  the 
Federation. 

Some  opposition  and  independent  newspapers  operate  in  the  Muslim-majority 
areas  of  tne  Federation  and  in  the  Republika  Srpska,  principally  in  Banja  Luka. 
Oslobodienje  and  Vecemje  Novine  are  the  leading  independent  dailies,  and  Dani 
and  SloDodna  Bosna  the  most  influential  independent  magazines  in  the  Federation. 
Dani  and  Slobodna  Bosna  are  the  most  influential  independent  magazines  in  the 
Federation.  One  of  the  few  independent  magazines  in  the  RS  is  Reporter,  a  first- 
rate  weekly  published  by  a  former  foreign  correspondent  of  the  independent  weekly 
Vreme.  Also  in  the  RS,  the  Social-Liberal  Party  publishes  an  opposition  magazine, 
Novi  Prelom,  and  the  Social  Democratic  Party  publishes  a  daily  paper.  Both  of  these 
publications  take  an  opposition  line,  and  are  consistently  supportive  of  the  Dayton 
Accords. 

It  is  difficult  for  independent  and  opposition  media  in  the  RS  to  gain  access  to 
the  kiosk  distribution  system.  The  same  is  true  of  some  areas  of  the  Federation.  Dis- 
tribution is  particularly  problematic  in  Croat-controlled  regions.  In  Sarajevo,  how- 
ever, independent  print  media  access  to  distribution  systems  is  readily  available. 
Some  independent  media  in  the  two  entities,  for  example,  Dani  and  Reporter,  assist 
in  the  distribution  of  each  others'  publications  in  their  respective  entities. 

The  dominant  nationalist  political  parties  continue  to  exercise  strong  control  over 
the  most  influential  media,  i.e.,  television  and  radio.  Federation  state  television 
(TVBiH)  faithfully  serves  the  interests  of  the  SDA.  TVBiH  gives  preferential  cov- 
erage to  SDA  leaders  and  greatly  limits  reports  on  the  opposition.  Its  broadcasts  are 
oflen  biased,  but  rarely  oi  an  inflammatory  nationalist  nature.  Croat  politicians  in 
the  Federation  have  complained  about  TVBiH  coverage  and  argued  against  the 
Muslim  ethnic  homogeneity  of  its  staff.  However,  TVBiH  does  employ  journalists 
from  minority  ethnic  groups,  though  their  numbers  are  small  and  their  influence  in- 
consequential. 

Croat-controlled  areas  in  Bosnia-Herzegovina  are  covered  by  Croatian  state  tele- 
vision HTV.  Its  news  programs  and  editorials  frequently  criticize  the  Dayton  Ac- 
cords. HTV  weather  maps  show  the  Federation  as  part  of  Croatia,  and  coverage  of 
Bosnian  events  often  leaves  the  impression  that  the  scene  pictured  was  actually  in 
Croatia.  The  HTV  station  in  Mostar  refused  to  issue  an  OSCE-mandated  apology 
for  inaccurate  and  inflammatory  broadcasting,  resulting  in  the  resignation  of  the 
editor  (in  an  attempt  to  avoid  more  radical  measures  by  the  Oflice  of  the  High  Rep- 
resentative). 

Until  the  SFOR  acted  on  an  OHR  request  to  end  offensive  broadcasts  by  RS  gov- 
ernment-run Serb  Radio-Television  (SRT),  SRT  followed  the  SDS  line,  with  fre- 
quently inaccurate  and  inflammatoir  reporting.  SRT  sought  to  undercut  the  Davton 
Accords  by  covering  events  in  the  Federation  in  the  "international"  portion  of'^the 
news.  Afler  the  SFOR  actions  in  Prijedor  against  persons  indicted  for  war  crimes, 
the  SRT  broadcasts  endorsed  violent  actions  against  representatives  of  the  inter- 
national community.  The  SRT  backed  off  only  when  the  SFOR  and  the  OHR  threat- 


1004 

ened  retaliatory  actions.  Following  RS  President  Plavsic's  break  with  the  Pale  lead- 
ership, the  SRT  affiliate  in  Banja  Luka  began  to  broadcast  its  own  programming, 
giving  a  favorable  slant  to  Plavsic's  activities.  The  High  Representative  nas  devel- 
oped a  plan  for  restructuring  the  SRT.  In  the  interim,  only  the  SRT  station  in  Banja 
Luka  is  authorized  to  continue  broadcasting. 

Radio  broadcasting  in  the  Muslim-majority  areas  of  the  Federation — particularly 
in  Sarajevo,  Zenica,  and  Tuzla — is  diverse,  and  opposition  viewpoints  are  reflected 
in  the  news  programs  of  independent  broadcasters.  Independent  or  opposition  radio 
stations  broadcast  in  the  Republika  Srpska — particularly  in  Banja  Luka — ^but  they 
tend  to  skirt  most  significant  political  issues  for  fear  of  retaliation  by  the  SDS. 
Nezavisni  Radio  and  Nesavisna  Televizija  (NTV)  report  a  wide  variety  of  political 
opinions.  Local  radio  stations  broadcast  in  Croat-majority  areas,  but  they  are  usu- 
ally highly  nationalistic.  Opposition  viewpoints  are  not  tolerated. 

The  television  Open  Broadcast  Network — with  affiliates  in  Sarajevo,  Mostar, 
Zenica,  and  Tuzla  and  a  correspondents'  bureau  in  Banja  Luka — reports  independ- 
ent news  and  public  affairs  programming  under  the  sponsorship  of  the  international 
donor  community.  The  Network  has  been  plagued  by  poor  management  at  its  Sara- 
jevo hub  and  problems  with  affiliate  relations.  The  OBN  fares  extremely  p>oorly  in 
the  competition  for  viewers  with  party-controlled  media  in  the  two  entities.  The 
quality  of  the  network's  programming  is  below  local  standards.  In  August  the  OBN 
launched  a  major  effort  to  expand  its  broadcast  range  and  improve  programming 
quality.  The  Banja  Luka  OBN  bureau  has  facilities  to  broadcast  network  programs 
but  not  to  broadcast  programs  directly  in  the  way  afUliates  in  the  Federation  do. 
There  are  plans  to  convert  the  OBN  afnliate  in  Banja  Luka  (ATV)  into  a  full-fledged 
OBN  affiliate.  There  is  no  Bosnian  Croat  participation  in  the  OBN. 

Foreign  journalists  representing  recognized  media  were  able  to  travel  freely  to 
most  areas  of  Bosnia  and  Herzegovina.  Bosnian  journalists  from  the  Federation 
were  able  to  travel  to  the  Republika  Srpska  only  under  the  escort  of  accredited  dip- 
lomatic personnel.  Journalists  from  the  Republika  Srpska  travel  to  the  Federation 
only  under  the  same  conditions,  although  tnere  have  been  no  incidents  of  abuse  of 
Republika  Srpska  journalists  in  the  Federation.  Federation  journalists  have  been 
beaten  and  verbally  harassed  in  the  RS.  Bosniak  journalists  were  harassed  in  West 
Mostar  on  several  occasions.  International  journalists  also  have  been  harassed  on 
several  occasions  in  the  RS. 

Academic  freedom  was  constrained.  In  the  Federation,  Serbs  and  Croats  com- 
plained that  SDA  party  members  receive  special  treatment  in  appointments  and 
promotions.  Officials  of  the  "Cultural  Community  of  Herceg  Bosna"  ensure  that 
Croats  dominate  the  University  of  (West)  Mostar. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly;  however,  there  were  some  limits  imposed  on  this 
right  in  practice.  In  the  lead-up  to  the  September  municipal  elections,  opposition  po- 
litical parties  eryoyed  greater  latitude  in  staging  rallies  and  campaigning  than  they 
had  during  the  1996  national  elections. 

The  Constitution  provides  for  freedom  of  association;  however,  while  this  right  is 
not  directly  limited,  indirect  pressure  constrains  its  exercise.  A  wide  range  of  social, 
cultural,  and  political  organizations  functioned  without  interference.  Although  politi- 
cal membership  is  not  forced,  membership  in  the  ruling  SDA  and  HDZ  parties  in 
Federation  territory  was  viewed  as  a  way  to  obtain  and  keep  housing  and  high-level 
jobs  in  the  state-owned  sector  of  the  economy. 

In  the  RS,  SDS-controlled  security  and  police  demonstrated  a  clear  attitude  of  in- 
tolerance toward  opposition  parties.  Few  opposition  parties  exist  in  Croat-majority 
areas,  and  in  the  Binac  area,  former  Abdic  supporters  continue  to  be  harassed. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  includ- 
ing private  and  public  worship,  and  in  the  Federation  the  authorities  rarely  inter- 
fered. In  general,  individuals  in  their  ethnic  majority  areas,  who  constitute  the  great 
majority  of  the  population,  enjoyed  unfettered  freedom  of  religion.  However,  there 
were  some  incidents  that  resulted  in  damage  to  religious  edifices  and  cemeteries 
(see  Section  5). 

In  the  RS,  authorities  repeatedly  rejected  efforts  by  minorities  to  visit  religious 
sites  and  graveyards  in  their  previous  areas  of  residence,  and  international  rep- 
resentatives had  to  negotiate  on  a  case-by-case  basis  with  authorities  for  the  few 
such  visits  that  did  take  place.  In  February  Bosnian  Croat  police  fired  at  retreating 
Muslims  visiting  a  graveyard  in  West  Mostar  (see  Section  l.a.). 

d.  Freedom  of  Movement  within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  "the  right  to  liberty  of  movement  and  res- 
idence." Freedom  of  movement — including  across  the  inter-entity  boundary  line 
(lEBL) — improved  significantly,  although  many  people  continue  to  fear  crossing  that 
line.  Under  prodding  from  the  SFOR  and  the  IPTF,  fixed  police  checkpoints — par- 


1005 

ticularly  those  in  the  RS — were  virtually  dismantled,  althou^  some  RS  authorities 
continued  to  impede  traflic  by  demanding  unauthorized  "visas"  and  transit  fees.  The 
UNHCR-funded  lEBL  bus  lines  begun  in  1996  were  expanded  into  new  areas.  The 
total  number  of  passengers  grew  dramatically  to  nearly  V2  million  by  August.  The 
bus  lines  have  been  instrumental  in  encouraging  minority  return,  allowing  displaced 

{)ersons  a  secure  opportunity  to  assess  conditions  at  their  places  of  origin.  lEBL  bus 
ines  in  many  cases  forced  hard-line  communities  to  deal  with  the  fact  of  a  minority 
presence.  Even  in  such  places  as  Stolac,  Drvar  and  Prijedor,  daily  visits  became  a 
reality. 

For  minorities  in  the  Federation,  freedom  of  movement  remained  restricted,  but 
to  a  far  lesser  degree  than  in  1996. 

By  midyear,  some  52,000  refugees  had  returned  to  Bosnia  and  Herzegovina  from 
their  places  of  refuge  abroad.  Through  May  an  additional  19,000  internally-dis- 
placed persons  were  estimated  to  have  returned  to  their  homes  of  origin.  Of  those 
returning  from  other  countries,  only  a  small  number  went  to  regions  where  they 
would  be  in  the  minority.  The  total  number  of  returns  fell  far  short  of  UNHCR  ex- 
pectations. 

Returns  from  Europe  further  complicated  the  situation  within  Bosnia- 
Herzegovina,  as  most  of  such  returnees  were  unable  to  return  to  their  homes  of  ori- 
gin in  the  RS.  They  thus  became  internally  displaced  and,  through  a  combination 
of  tightening  regulations,  limited  accommodation,  and  political  interests,  ended  up 
massed  in  a  few  areas.  Chief  among  these  is  the  Una-Sana  Canton  which,  like  Cro- 
atia, is  openly  soliciting  those  returning  from  Europe  to  take  up  residence  there,  a 
short  distance  from  their  original  homes  in  the  RS.  The  overcrowding  of  such  places 
creates  the  potential  for  social  tension  and  also  provides  a  mass  of  persons  who 
could  be  manipulated  to  agitate  for  return  to  the  Serb  republic. 

The  pace  of  spontaneous  returns  by  displaced  persons  increased  somewhat  in  the 
late  summer  months,  particularly  in  the  wake  of  the  UNHCR  "open  cities"  initia- 
tive. Under  this  initiative,  the  UNHCR  evaluates  towns  and  cities  using  a  set  of  cri- 
teria (including,  inter  alia,  access  to  housing,  freedom  of  movement,  and  police  pro- 
tection) to  determine  whether  the  municipalities  have  dropped  the  barriers  to  return 
by  displaced  persons  and  refugees.  More  significant  returns  were  impeded  by  a  vari- 
ety of  factors.  Chief  among  these  is  the  continuing  use  of  the  "law  on  abandoned 
apartments,"  which  effectively  deprives  prewar  owner/occupants  of  the  right  to  re- 
turn to  their  homes  by  declaring  such  property  to  have  been  abandoned.  Claims  to 
such  "socially-owned"  property  increased  during  1997,  but  few  reached  positive  reso- 
lution through  the  municipal  court  system.  Even  decisions  issued  by  the  Commis- 
sion for  Real  Property  Claims  by  Displaced  Persons  and  Refugees  relied  on  political 
wiU  at  the  local  level  to  issue  and  enforce  eviction  orders  and  to  provide  security 
for  returnees.  Another  problem  was  the  failure  by  both  entities  to  pass  amnesty 
laws  that  would  stimulate  the  return  process. 

The  patterns  of  return  and  obstruction  suggest  that  most  problems  do  not  origi- 
nate at  the  local  level.  While  the  RS  intention  to  remain  ethnically  distinct  and  to 
bar  repatriation  of  Serbs  to  non-Serb  areas  is  clear,  the  highest  levels  of  the  Croat 
leadership  also  appear  to  be  manipulating  events  in  a  similar  direction.  Accordingly, 
the  Croat-majority  areas  between  Stolac  and  Drvar  remain  opposed  to  more  than 
the  most  token  returns,  and  Croatian  newspaper  ads  recruit  settlers  for  areas  in 
Bosnia-Herzegovina  that  are  now  under  Croat  control  and  ethnically  "pure."  In 
central  Bosnia  as  well,  a  general  policy  of  obstructing  return  has  been  in  effect, 
along  with  a  policy  of  recruiting  Cfroat  minorities  to  relocate  to  "Croat"  areas.  In 
Bosnieik  areas,  policies  on  property  negatively  affected  the  possibility  of  return,  par- 
ticularly in  Sarajevo,  where  there  is  paralysis  in  the  settlement  of  property  claims 
by  intending  returnees. 

Official  and  popular  attitudes  toward  minority  returns  are  reflected  in  the  rate 
at  which  they  occurred  in  the  various  areas.  Through  midyear  78  percent  of  all  mi- 
nority returns  were  to  Bosniak-controUed  areas  of  the  Federation,  19  percent  to 
Croat-controlled  areas  of  the  Federation,  and  3  percent  to  the  RS. 

On  the  positive  side,  although  high-level  political  figures  continue  to  promote  eth- 
nic separatism,  popular  attitudes  are  far  more  favorable  toward  reintegration  and 
acceptance  of  prewar  neighbors.  Displaced  persons  other  than  former  neighbors  re- 
main a  problematic  social  factor,  however,  and  have  often  been  used  as  the  pretext 
for  acts  of  intimidation  and  harassment  against  minorities.  Authorities  have  manip- 
ulated displaced  persons  for  this  purpose. 

The  Government  grants  asylum  and  refugee  status  in  accordance  with  inter- 
national standards.  It  cooperates  with  the  UNHCR  and  other  humanitarian  organi- 
zations in  assisting  refugees.  The  issue  of  the  provision  of  first  asylum  did  not  arise 
in  1997.  There  were  no  reports  of  the  forced  return  of  persons  to  a  place  where  they 
feared  persecution. 


1006 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Dayton  Accords  commit  the  parties  to  "ensure  that  conditions  exist  for  the 
organization  of  free  and  fair  elections,  in  particular  a  politically  neutral  environ- 
ment," and  to  ensure  the  right  to  "vote  in  secret  without  lear  or  intimidation."  These 
rights  were  respected  imperfectly  in  the  national,  entity,  and  Federation  cantonal 
elections  of  September  1996.  The  three  dominant  nationalist  parties  harassed  their 
rivals  and  impeded  their  campaigns.  The  coordinator  for  international  monitoring 
concluded  that  the  elections  nevertheless  provided  "a  first  and  cautious  step  toward 
the  democratic  functioning  of  the  governing  structures  of  Bosnia  and  Herzegovina." 

Municipal  elections  were  originally  scheduled  to  take  place  at  the  same  time  as 
the  1996  national  and  provincial  elections.  However,  logistical  and  political  difficul- 
ties, including  massive  manipulation  of  Serb  voter  registration,  resulted  in  their 
postponement  until  September  1997.  The  OSCE  registered  2.5  million  voters  and 
approximately  20,000  candidates  who  ran  in  136  municipalities. 

Intemational  supervision  of  the  registration  process  disclosed  irregularities  and 
fraudulent  attempts  to  register  voters  in  certain  areas:  Banja  Luka,  Prijedor, 
Gradiska,  Kotor  Varos,  Srpski  Drvar,  Srpski  Kljuc/Ribnik,  Brcko,  Zepce,  Jajce, 
Stolac,  and  Capljina.  Where  fraud  claims  were  substantiated,  the  OSCE  reregistered 
voters  and  enforced  sanctions  that  included  striking  candidates  from  party  lists  and 
removing  members  of  local  election  commissions. 

TTiere  were  few  reports  of  politically  motivated  harassment  or  violence  compared 
with  the  pre-electoral  period  in  1996. 

Croat  and  Serb  nationalist  parties  threatened  to  boycott  the  process,  but  elections 
took  place  on  September  13  and  14,  and  well  over  70  percent  of  the  population  took 
part.  Voters  had  a  choice  of  voting  in  the  municipality  where  they  currently  resided 
or  in  their  prewar  municipality,  and  if  they  could  show  substantial  ties  to  that  mu- 
nicipality, in  a  place  of  future  residence.  Most  of  those  voting  cast  their  ballot  for 
municipalities  wnere  they  had  lived  prior  to  1991. 

In  certain  areas,  election  results  are  proving  difficult  to  implement,  as  majority 
groups  attempt  to  prevent  minority  representatives  from  assuming  their  municipal 
government  seats,  and  as  opposition  or  minority  parties  block  finm  certification  for 
political  purposes.  Election  results  demonstrated  that  nationalist  parties  still  re- 
main strong  in  both  entities  of  Bosnia  and  Herzegovina,  but  opposition  parties  made 
iniportant  gains  in  the  western  RS  and  parts  of  the  Federation. 

RS  assembly  elections  were  called  following  President  Plavsic's  decision  to  dis- 
solve the  assembly.  On  November  22  and  23  these  elections  were  held  under  OSCE 
supervision.  Voter  turnout  was  approximately  70  percent.  The  Serb  nationalist  par- 
ties lost  their  parliamentary  majority.  The  Pale  hard-liners'  SDS  won  24  seats,  the 
Bosniaks'  Coalition  for  an  Undivided  Bosnia-Herzegovina  (led  by  the  SDA)  18,  the 
Serb  Radical  Party  and  President  Plavsic's  SNS  15  each,  the  RS  branch  of 
Milosevic's  Socialist  Party  9,  the  Independent  Social  Democrats  2,  and  the  Bosnian 
Social  Democratic  Party  2  seats  as  well.  A  government  strongly  supportive  of  the 
Dayton  Accords,  led  by  Milorad  Dodik,  a  member  of  the  Independent  Social  Demo- 
cratic Party,  was  elected  on  January  18  with  the  votes  of  moderate  Serb  parties  and 
Bosniak  and  Croat  representatives. 

Although  Bosnian  citizens  have  the  right  to  change  their  government,  ruling  party 
control  of  the  media  and  security  apparatus  precluded  full  citizen  participation  with- 
out intimidation,  especially  in  Bosnian  Croat  areas  and  parts  of  the  RS.  The  SDS 
was  intolerant  of  opposition  political  activity,  and  after  tensions  emerged  between 
the  SDS  leadership  in  Pale  and  President  Plavsic  in  Banja  Luka,  Pale-controlled 
media  severely  constrained  her  access  to  live  and  unedited  broadcast  time.  To  a 
lesser  degi^ee,  the  SDA  also  inhibited  political  expression  in  Bosniak  areas.  There 
was  intimidation  of  non-ethnic  based  minority  parties  by  the  SDA  and  HDZ  outside 
of  Sarajevo  in  the  Federation. 

Women  are  generally  underrepresented  in  government  and  politics,  although  a 
few  women,  such  as  the  President  of  the  Republika  Srpska  entity,  occupy  prominent 
positions.  In  the  three  legislatures,  women  are  seriously  underrepresented.  Only  two 
women  were  elected  to  the  RS  assembly  in  the  November  elections. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
In  general,  the  authorities  permitted  outside  investigations  of  alleged  human 
rights  violations.  International  and  local  NGO'S  involved  in  human  rights  appear 
to  operate  fairly  freely,  with  few  reports  of  intimidation  or  harassment.  The  OHR 
reports  that  human  rights  monitors,  both  those  associated  with  foreign  governments 
and  NGO's,  were  able  to  travel  without  restriction  in  all  areas  of  the  country.  The 
ECMM,  the  OSCE,  and  the  II'TF  were  given  widespread  and  for  the  most  part 


1007 

unhindered  access  to  detention  facilities  and  prisoners  in  the  RS  as  well  as  in  the 
Federation. 

While  monitors  enjoyed  relative  freedom  to  investigate  human  rights  abuses,  they 
were  less  successful  in  persuading  the  authorities  in  all  regions  to  respond  to  their 
recommendations,  especially  in  cases  in  which  the  authorities  were  involved.  Mon- 
itors' interventions  often  met  with  delays  or  outright  refusal.  For  example,  protests 
by  the  OHR  and  the  Ombudsperson  failed  to  obtain  due  process  for  the  '^vomik 
Seven"  (see  Section  I.e.)  or  to  obtain  the  release  of  Tomislav  Matanovic  and  his  par- 
ents (see  Section  l.d.). 

Cooperation  with  the  ICTY  in  the  Hague  is  a  key  factor  in  the  implementation 
of  the  Dayton  Accords,  and  the  establishment  of  respect  for  human  ri^ts.  The  RS 
continued  its  policy  of  defiance  of  the  Tribunal  and  the  Dayton  Accords  by  refusing 
to  arrest  and  surrender  persons  suspected  of  war  crimes,  and  by  allowing  former 
President  Radovan  Karadzic  to  retain  important  behind-the-scenes  political  influ- 
ence. Following  massive  international  pressure,  ten  Bosnian  Croat  indictees  turned 
themselves  in  for  surrender  to  the  International  War  Crime  Tribunal. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

In  the  Dayton  Accords  the  parties  agreed  to  reject  discrimination  on  such  grounds 
as  sex,  race,  color,  language,  religion,  political  or  other  opinion,  national  or  social 
origin,  or  association  with  a  national  minority.  There  were  nevertheless  many  cases 
of  discrimination. 

Women. — There  is  little  legal  or  social  discrimination  against  women,  and  women 
hold  a  few  of  the  most  responsible  positions  in  society,  including  judges,  doctors,  and 
professors.  A  woman  heads  Bosnia  radio  and  television.  In  general,  however,  male- 
dominated  societies  remain  in  all  of  the  entities,  with  few  women  in  positions  of  real 
economic  power.  Women  are  entitled  to  12  months'  maternity  leave  and  are  required 
to  work  no  more  than  4  hours  per  day  until  a  child  is  3  years  old.  A  woman  with 
underage  children  may  not  be  forced  to  do  shift  work. 

Accurate  Statistics  on  violence  against  women,  spouse  abuse,  rape  etc.  are  not 
available.  Anecdotal  evidence  is  of  limited  use,  since  reporting  patterns  vary  widely. 

Compared  to  the  war  years,  when  violence  against  women  was  frequent  and  occa- 
sionally used  as  a  weapon  of  war,  the  situation  has  improved  dramatically. 
Throughout  the  country,  rape  or  violent  abuse  are  again  considered  criminal  of- 
fenses. However,  domestic  violence  is  not  usually  reported  to  the  authorities. 

Children. — The  U.N.  Convention  on  the  Rights  of  the  Child  is  incorporated  by  ref- 
erence in  the  Dayton  Accords  and  has  the  effect  of  law  in  both  entities.  The  end 
of  the  fighting  has  brought  a  maior  improvement  in  the  human  rights  of  children. 
During  tne  war  nearly  17,000  children  were  killed,  35,000  wounded,  and  over  1,800 
permanently  disabled. 

The  domination  by  ethnic  majorities  adversely  affects  the  children  of  minorities, 
who  must  attend  schools  in  which  the  educational  content  is  skewed  toward  the  val- 
ues, history,  and  religious  traditions  of  the  local  majority.  Children  also  suffer  from 
the  extreme  paucity  of  social  services,  especially  the  lack  of  adequate  care  for  men- 
tally retardea  children. 

There  is  no  discrimination  or  societal  pattern  of  abuse  against  children.  Nonethe- 
less, they  continue  to  suffer  disproportionately  from  the  societal  stress  being  experi- 
enced in  postwar  Bosnia. 

People  With  Disabilities. — By  law  the  Federation  (jovernment  is  required  to  assist 
people  with  disabilities  in  finding  employment  and  protecting  them  against  discrimi- 
nation. In  the  current  situation  there  are  few  jobs  available,  and  thousands  of  newly 
disabled  victims  entered  the  job  market  after  the  war.  The  Government  has  limited 
resources  to  address  the  special  needs  of  the  disabled.  There  are  no  legal  provisions 
mandating  that  buildings  be  made  accessible  for  the  physically  challenged. 

Religious  Minorities. — Several  Roman  Catholic  churches  were  vandalized  or  dam- 
aged by  explosives  in  February,  apparently  in  retaliation  for  the  attack  against 
Nluslims  in  a  West  Mostar  graveyard  in  which  Bosnian  Croat  police  participated 
(see  Section  l.a.).  Another  was  bombed  in  Sarajevo  in  October.  None  of  the  mosques 
in  the  RS  destroyed  during  the  war  have  been  rebuilt  or  repaired. 

During  his  April  visit  to  Sarajevo,  the  Pope  stressed  the  importance  of  reconcili- 
ation among  religious  and  ethnic  groups.  About  45,000  Croat  Catholics  traveled  to 
Sarajevo  for  the  visit,  despite  some  Bosnian  Serbs'  threats  to  block  passage  across 
RS  territory  or  to  charge  transit  fees.  In  advance  of  the  Pope's  arrival,  Federation 
police  found  explosive  devices  placed  along  the  route  from  the  airport. 

In  Herzegovina,  Muslims  felt  pressure  not  to  practice  their  religion  in  public.  Sev- 
eral incidents  of  vandalism  occurred  against  Muslim  religious  objects  in  general,  as 
well  as  two  attacks  on  the  Tomislavgrad  mosque. 


1008 

Throughout  the  country,  religious  minorities  felt  pressure  by  the  ethnic/religious 
majority.  On  the  positive  side,  after  2  days  of  talks  in  Vienna  in  early  June,  the 
country's  main  religious  leaders  created  an  Interfaith  Council  composed  of  the  four 
religious  communities:  Muslim,  Serbian  Orthodox,  Roman  Catholic,  and  Jewish.  The 
agreement  contained  specific  short-term  and  long-term  objectives,  including  encour- 
aging freedom  of  movement,  facilitating  the  return  of  refugees,  and  investigating 
human  rights  violations.  The  OSCE  and  the  OHR  facilitated  many  interfaith  meet- 
ings at  the  local  level  as  well. 

National  I  Racial  I  Ethnic  Minorities. — Ethnic  differences — based  on  religious  dif- 
ferences— were  at  the  heart  of  the  war  in  Bosnia  and  Herzegovina.  After  family  ties, 
ethnic  identity  remains  the  most  powerful  social  force  in  the  country.  Some  leaders 
of  both  the  SDS  and  HDZ  parties  have  expressed  support  for  the  concepts  of  a 
"Greater  Serbia"  and  a  "Greater  Croatia",  even  after  having  agreed  in  the  Dayton 
Accords  framework  to  abandon  them.  These  parties,  and  to  a  lesser  extent  the  pri- 
marily Bosniak  SDA  as  well,  have  sought  to  manipulate  the  movement  of  people 
and  the  access  to  housing  and  social  services  they  control  to  ensure  that  the  ethnic 
groups  with  which  they  are  associated  consolidate  their  position  in  their  respective 
geographic  regions. 

In  certain  areas,  such  as  Sarajevo  and  Tuzla,  mixed  communities  exist  peacefully, 
but  frequent  instances  of  harassment  and  discrimination  against  minorities  con- 
tinue throughout  the  country.  There  include  desecration  of  graves,  damage  to  houses 
of  worship,  tossing  of  grenades  into  residential  areas,  harassment,  threats,  and  as- 
saults. 

Incidents  of  ethnic  discrimination  often  center  on  property  disputes.  An  RS  law 
on  abandoned  property  permits  the  return  of  such  property  to  tne  original  owner 
only  if  any  subsequent  occupant  willingly  departs.  This  is  unlikely  given  the  lack 
of  adequate  alternative  dwellings.  In  a  number  of  areas,  local  authorities  refused 
to  accept  returning  ethnic  minorities  until  members  of  their  own  group  had  been 
permitted  to  return  to  their  homes  outside  the  region,  in  effect  blocking  the  return 
of  refugees  to  all  of  the  areas  involved.  Bosnian  Serb  and  Croat  political  leaders  dis- 
couraged displaced  persons  within  their  groups  from,  returning  to  areas  where  they 
would  be  in  the  minority,  and  encouraged  people  to  migrate  to  areas  where  they 
would  be  in  the  majority.  In  contrast,  Bosniak  authorities  appear  tacitly  to  support 
some  resettlement  efforts  in  "strategic"  areas  of  the  Federation,  including  by  per- 
sons new  to  those  areas. 

In  some  cases,  opponents  of  refugee  returns  employed  violence,  including  sporadic 
house  burnings  and  orchestrated  demonstrations,  hi  July  a  group  of  women  dis- 
placed from  Srebrenica  attacked  a  Serb  visiting  a  grave  in  the  Visoko  area  and  beat 
him  to  death  (see  Section  l.a.);  on  August  1,  a  crowd  of  about  50  to  100  women 
mobbed  the  municipal  building  in  the  Sarajevo  suburb  of  Vogosca,  terrorizing  a 
small  group  of  Serbs  visiting  to  discuss  their  return.  Both  the  Serbs  and  Bosniak 
officials  had  to  be  evacuated  under  heavy  police  protection.  The  latter  incident,  like 
the  house  burnings,  appeared  to  be  orchestrated  by  extremist  political  elements. 

In  Bosnian  Croat  areas,  the  homes  of  intending  returnees  were  burned  in  Drvar 
and  Jajce;  one  Bosniak  man  was  found  dead  after  the  violence  in  Jajce(see  Section 
l.a.). 

According  to  Federation  ombudsmen,  human  rights  violations  based  on  ethnic  ori- 
gin, which  occurred  early  in  the  year,  were  facilitated  by  the  continued  existence 
of  two  ethnically  pure  police  forces.  By  year's  end,  6  of  the  10  Federation  cantons 
had  integrated  their  police  force  with  officers  from  the  various  ethnic  groups  and 
were  conducting  multiethnic  patrols  (there  are  currently  insufficient  numbers  of  po- 
lice of  some  ethnic  groups  in  some  cantons,  but  their  slots  in  the  forces  are  being 
left  open  until  police  of  the  appropriate  ethnic  group  can  be  recruited  to  fill  them). 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Federation  Constitution  provides  for  the  right 
of  workers  to  form  and  join  labor  unions.  The  largest  union  is  the  Confederation  of 
Independent  Trade  Unions  of  Bosnia  and  Herzegovina,  the  heir  of  the  old  Yugoslav 
Communist  Trade  Union  Confederation.  Unions  have  the  right  to  strike,  but  there 
were  few  strikes  during  the  year  because  of  the  economic  devastation  and  jobless- 
ness caused  by  the  war  throughout  much  of  the  Federation. 

More  than  5,000  coal  miners  from  Breza,  Kakanj,  Zenica,  and  Bila  went  on  strike 
briefly  in  early  August  to  demand  more  prompt  payments  by  local  power  stations 
for  delivered  coal. 

Unions  may  affiliate  internationally. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  practice  of  collective  bar- 
gaining in  labor-management  negotiations  was  used  only  in  a  limited  way  in  1997. 

There  are  no  export  processing  zones. 


1009 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  prohibits  ser- 
vitude or  forced  labor,  including  tnat  performed  by  children,  and  despite  rumors 
that  work  camps  exist  in  isolated  areas,  investigations  have  not  turned  up  any  cor- 
roborating evidence.  There  were  no  credible  reports  of  child  labor  in  either  entity. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  mini- 
mum age  for  employment  of  children  in  the  Federation  was  16  years.  Children 
sometimes  assisted  their  families  with  farm  work  and  odd  jobs.  Trie  Government 
does  not  specifically  prohibit  forced  and  bonded  labor  by  children,  but  such  practices 
are  not  known  to  occur  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  minimum  monthly  wage  is  $60  (100  DM) 
and  the  minimum  pension  is  $46  (80  DM)  per  month.  In  principle  this  wage  level 
is  ensured,  but  it  oilen  is  not  reached  in  reality  because  the  economy  is  only  begin- 
ning to  recover  from  the  war.  Many  workers  still  have  claims  outstanding  for  sala- 
ries earned  during  the  war  but  are  being  paid  in  full  only  for  current  work.  Simi- 
larly, many  pensioners  have  outstanding  claims. 

Occupational  safety  and  health  regulations  were  generally  ignored  because  of  the 
demands  and  constraints  imposed  by  an  economy  devastated  by  war. 


BULGARIA 

Bulgaria  is  a  parliamentary  republic  ruled  by  a  democratically  elected  govern- 
ment. Following  his  election  victory  in  late  1996  in  the  country's  second  direct  presi- 
dential elections,  President  Petar  Stoyanov  of  the  Union  of  Democratic  Forces  (UDF) 
was  inaugurated  in  January  and  began  a  5-year  term  of  office.  At  the  beginning  of 
1997,  the  Bulgarian  Socialist  Party  (BSP),  heir  to  the  Communist  Party,  and  two 
nominal  partners  governed  in  a  coalition.  Widespread  political  unrest  caused  by  a 
worsening  economic  crisis  culminated  in  crippling  nationwide  strikes  and  daily 
antigovemment  protests  in  January  and  early  February.  Under  mounting  popular 
pressure,  the  BSP-led  Government  agreed  in  early  February  to  hold  early  elections 
in  April,  in  which  the  UDF-led  coalition  won  an  absolute  majority  in  the  National 
Assembly.  UDF  leader  Ivan  Rostov  was  chosen  as  Prime  Minister.  The  judiciary  is 
independent  but  continued  to  suffer  from  corruption  and  structural  and  stamng 
problems. 

Most  internal  security  services  are  the  responsibility  of  the  Ministry  of  the  Inte- 
rior, which  exercises  incomplete  control  of  the  police,  the  Central  Service  for  Com- 
bating Organized  Crime,  the  National  Security  Service  (civilian  intelligence),  inter- 
nal security  troops,  border  guards,  and  special  forces.  The  change  of  government 
brought  a  change  in  leadership  and  management  of  most  of  these  services,  in  some 
cases  replacing  security  officials  involved  in  the  notorious  State  Security  Organiza- 
tion (known  as  DS)  and  its  repressive  activities  during  the  pre-1989  Communist  re- 
gime. Both  before  and  after  the  change  in  government,  some  members  of  the  police 
force  committed  serious  human  rights  abuses. 

The  post-Communist  economy  continued  to  be  heavily  dependent  on  money-losing 
state  enterprises,  although  the  growing  private  sector  now  accounts  for  about  45 
percent  of  economic  activity,  and  privatization  is  accelerating.  Most  people  are  em- 
ployed in  the  industrial  and  service  sectors;  key  industries  include  food  processing, 
chemical  and  oil  processing,  metallurgy,  and  energy.  Principal  exports  are  agricul- 
tural products,  cigarettes  and  tobacco,  chemicals,  and  metal  products.  The  trans- 
formation of  the  economy  to  a  market-oriented  system  was  retarded  by  continued 
political  and  social  resistance.  Slow  progress  in  the  privatization  of  the  large  Com- 
munist-era state  enterprises  was  a  major  reason  for  economic  stagnation  in  1996. 
The  failure  to  implement  structural  reforms  led  to  an  economic  collapse  in  1996  and 
early  1997.  The  financial  system  stabilized  after  a  brief  hyperinflationary  period 
aft«r  the  switch  to  a  caretaker  government,  but  gross  domestic  product  continued 
to  decline  through  most  of  the  year.  The  new  Government  announced  its  commit- 
ment to  an  accelerated  privatization  program.  The  service  and  consumer  goods  sec- 
tors in  private  hands  continued  to  be  the  most  active.  The  new  Government  intro- 
duced a  currency  board  and  implemented  fiscal  and  monetary  austerity,  budget  and 
staff  cuts,  and  radical  economic  restructuring.  The  1996  economic  crisis  affected  the 
employment  of  ethnic  minorities  disproportionately.  The  annual  per  capita  gross  do- 
mestic product  of  $1,130  provides  a  relatively  low  standard  of  living. 

The  Government  generally  respected  the  human  rights  of  its  citizens,  but  prob- 
lems remained  in  some  areas.  Police  used  unwarranted  lethal  force  against  suspects 
and  minorities  in  some  cases.  Security  forces  beat  suspects  and  inmates  and  at 
times  arbitrarily  arrested  and  detained  persons.  Government  control  of  the  police 
is  not  sufficiently  complete  to  ensure  full  accountability.  This  results  in  a  climate 


1010 

of  impunity  and  inhibits  government  attempts  to  end  police  abuses.  Conditions  in 
some  prisons  are  harsh,  and  pretrial  detention  is  often  prolonged.  The  judiciary  is 
underpaid,  understaffed,  and  has  a  heavy  case  backlog;  corruption  also  exists.  Con- 
stitutional restrictions  on  political  parties  formed  on  ethnic,  racial,  or  religious  lines 
effectively  limit  participation  for  some  groups.  Both  the  Government  and  private 
citizens  continued  to  obstruct  the  activities  of  some  nontraditional  religious  groups. 
Discrimination  and  violence  against  women  remain  serious  problems,  and  some 
women  are  victims  of  trafficking  and  forced  prostitution.  Societal  mistreatment  of 
Roma  is  a  serious  problem.  The  limited  social  service  system  does  not  adequately 
assist  homeless  and  other  vulnerable  children,  notably  Romani  children.  Further, 
security  forces  harass,  physically  abuse,  and  arbitrarily  arrest  and  detain  Romani 
street  children. 

The  National  Assembly  passed  legislation,  initiated  by  the  new  Government,  to 
open  the  dossiers  created  by  the  former  state  security  services  to  inspection  both 
by  a  government  commission  and  by  private  citizens.  The  Socialist  opposition  op- 
posed the  law  and  challenged  its  legitimacy  in  the  Constitutional  Court;  the  Court, 
however,  upheld  its  main  provisions. 

The  new  Government  placed  a  high  priority  on  combating  crime  and  corruption. 
It  amended  the  Penal  Code  and  the  Property  Insurance  Act,  inter  alia,  to  expedite 
judicial  processing,  penalize  organized  crime  and  racketeering,  increase  rights  of 
self-defense,  provide  for  witness  protection,  permit  and  regulate  government  use  of 
electronic  surveillance  and  wiretapping  to  fight  organized  crime,  and  increase  the 
severity  of  sentences  for  numerous  serious  crimes. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — ^Police  officers  used  unwarranted  le- 
thal force  against  criminal  suspects,  as  well  as  against  members  of  minority  groups 
whether  or  not  suspected  of  any  crime,  resulting  in  several  deaths. 

On  January  7,  Stefan  Stanev,  age  50,  died  under  unexplained  circumstances  while 
in  custody  at  the  police  station  of  Popovo.  Responding  to  pressure  by  human  rights 
groups,  the  Military  Prosecutor's  Office  began  an  investigation  in  June.  To  date  no 
results  have  been  released  to  the  public. 

On  February  2,  a  Plovdiv  traffic  police  officer  shot  to  death  Elin  Elenov 
Karamanov,  a  29-year-old  Rom  from  Plovdiv,  under  questionable  circumstances. 
Karamanov  had  been  with  a  friend  who  claimed  that  they  were  both  looking  for 
scrap  iron  near  the  Maritsa  River  when  they  suddenly  noticed  a  policeman  about 
100  feet  away.  The  friend  said  that  he  ran  away,  but  Karamanov  remained.  The 
next  day,  Karamanov's  wife  went  to  the  police  station,  where  she  was  told  that  an 
unidentified  man  had  been  killed.  When  she  then  went  to  the  morgue  she  discovered 
her  husband's  remains.  According  to  a  forensic  expert,  the  cause  of  death  was  a  gun- 
shot wound  to  the  head,  behind  the  right  ear.  An  investigation  was  under  way  at 
year's  end. 

On  February  18,  a  policeman,  and  a  civilian  hunter  who  came  to  the  assistance 
of  the  police  officer,  shot  Boris  Vasilev  Kalinov  and  Vasil  Strahilov  Kalinov,  both 
Romani  men,  who  were  allegedly  stealing  cables.  Boris  Kalinov  was  wounded  in  the 
knee  by  the  policeman,  and  Vasil  Kalinov  was  shot  to  death  from  a  distance  of 
roughly  7  feet.  Boris  later  denied  resisting  arrest.  The  policeman  claimed  that  the 
two  men  were  attacked  by  14  Roma  wielding  pickaxes  and  shovels  and  had  no  other 
recourse  than  to  use  deadly  force.  An  investigation  was  under  way  at  year's  end. 
The  civilian  who  fatally  shot  Kalinov  was  accused  of  murder.  The  military  prosecu- 
tor in  Plovdiv  started  criminal  proceedings,  but  no  progress  was  reported  by  year's 
end. 

Following  his  arrest  and  possible  mistreatment  at  the  hands  of  police  in  Burgas 
in  March,  criminal  suspect  Georgi  Biandov  died  in  a  hospital  under  suspicious  cir- 
cumstances. No  charges  were  brought  in  the  case. 

Kolo  Todorov,  a  32-year-old  Rom  arrested  in  mid-May  for  theft,  was  reportedly 
shot  and  killed  while  trying  to  escape  detention  in  Assenovgrad. 

On  June  5,  police  in  Sofia  shot  in  the  head  a  citizen  of  mixed-race  parentage 
named  Petar  Robert  Karandzha:  He  died  the  next  day.  The  police  claimed  that  he 
was  shot  while  attempting  to  escape  from  investigative  detention.  The  Bulgarian 
Helsinki  Committee  expressed  concern  that  no  evidence  was  presented  that 
Karandzha  had  threatened  others'  lives  or  safety  or  that  the  police  had  exhausted 
other  means  of  restraint.  An  internal  investigation  took  place,  and  the  police  in- 
volved were  exonerated. 


1011 

In  mid-November  Mincho  Simeonov  Surtmachev  was  apprehended  as  a  robbery 
suspect  and  later  died  of  wounds  sustained  from  a  severe  beating  while  in  police 
custody.  A  police  officer  was  charged  in  the  case. 

On  January  29,  1996,  a  17-year-old  Rom,  Anguel  Zabchikov,  died  while  in  police 
custody  in  Razgrad,  apparently  as  a  result  of  a  oeating.  The  police  told  Zabchikov's 
family  that  he  fell  and  fractured  his  skull  while  fleeing  the  police  and  died  instantly. 
The  police  later  reported  that  he  died  as  a  result  of  excessive  alcohol  in  the  blood- 
stream. In  addition  to  the  fractured  skull,  Zabchikov's  family  described  numerous 
signs  of  severe  beating  and  handcuff  marks  on  both  wrists.  Criminal  proceedings 
were  terminated  in  1997  by  the  Military  Prosecutor's  Office  in  Varna  on  Qie  grounds 
that  there  had  been  no  abuse  committed  by  the  police  officers  involved.  Following 
an  appeal  by  Zabchikov's  mother,  the  Regional  (Civil)  Prosecutor's  OfTice  in  Razgrad 
initiated  criminal  proceedings,  but  on  March  4  the  investigation  was  suspended. 
However,  the  European  Court  of  Human  Rights  agreed  to  try  the  case. 

No  progress  was  registered  in  the  case  of  the  shooting  death  of  former  Prime  Min- 
ister Andrei  Lukanov  in  1996.  In  the  case  of  Ivan  Benchev,  who  was  beaten  to  death 
in  1996,  one  policemen  was  convicted.  His  appeal  was  pending  at  year's  end. 

Due  to  public  pressure  from  human  rights  nongovernmental  organizations 
(NGO's),  charges  were  brought  against  the  police  officer  accused  of  fatally  shooting 
Orthodox  priest  Yordan  Tsolov  in  1994,  although  the  trial  had  not  begun  by  yeai^s 
end. 

Interior  Ministry  data  show  21  complaints  of  police  brutality  were  filed  in  1996, 
of  which  3  were  judged  justified.  For  the  period  January  through  September  1997, 
24  such  complaints  were  received  of  which  7  were  considered  to  be  of  merit.  The 
Ministry  statistics  reflect  only  those  official  complaints  registered  by  the  alleged  vic- 
tims. Human  rights  NGO's  report  that  they  receive  many  more  complaints  from  per- 
sons who  are  too  intimidated  to  lodge  an  official  complaint  with  government  authori- 
ties. The  Minister  of  Interior  in  the  new  Government  publicly  acknowledged  that 
abuses  exist  in  the  police  force  and  announced  his  determination  to  bring  offending 
police  officers  to  justice.  For  example,  he  disbanded  the  renegade  Special  Police  Unit 
in  July  after  the  unit  attacked  security  personnel  in  a  Sofia  nightclub  in  a  person- 
ally motivated  vendetta  (see  Section  I.e.).  The  police  have  generally  refused  to  make 
investigative  reports  available  to  the  public. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  expressly  prohibits  torture  and  crueH  inhuman,  or  degrading  treat- 
ment. Despite  this  prohibition,  police  beat  criminal  suspects,  members  of  minorities, 
and  antigovemment  demonstrators. 

Accorcfing  to  a  March  report  of  the  Council  of  Europe's  Committee  for  the  Preven- 
tion of  Torture  (CPT),  "criminal  suspects  deprived  of  their  liberty  by  the  police  in 
Bulgaria  run  a  significant  risk  of  being  ill-treated  at  the  time  of  their  apprehension 
and/or  while  in  police  custody,  and  ...  on  occasion  resort  may  be  had  to  severe  ill- 
treatment/torture."  The  CPT  delegation  included  medical  professionals  who  exam- 
ined detainees  and  found  evidence  in  the  form  of  "physical  marks  or  other  medical 
conditions  consistent  with  their  allegations."  The  report  further  described  conditions 
in  National  Investigative  Service  detention  facilities  as  "almost  without  exception 
.  .  .  inhuman  and  degrading." 

On  January  10,  the  first  day  of  nearly  a  month  of  daily  public  demonstrations 
against  the  BSP  Government,  a  large  crowd  of  antigovemment  protesters  broke 
through  a  police  cordon  and  occupied  the  National  Assembly  building.  Although 
there  were  reports  of  troublemakers  among  the  crowd,  the  majority  was  nonviolent. 
During  the  early  hours  of  January  11,  special  police  units  forcibly  removed  the  dem- 
onstrators, resorting  to  the  indiscriminate  use  of  force.  Former  Prime  Minister  Filip 
Dimitrov  was  among  those  severely  beaten  by  police.  The  Bulgarian  Helsinki  Com- 
mittee reported  that  295  people  were  injured,  11  of  whom  required  inpatient  hos- 
pitalization. Then-Minister  of^  Interior  mkolai  Dobrev  announced  an  investigation, 
but  no  punishment  was  meted  out  by  year's  end.  In  January  1998,  it  emerged  fol- 
lowing the  publication  of  a  previously  classified  cabinet  meeting  transcript  that  the 
order  to  use  force  against  the  demonstrators  was  issued  by  then-Prime  Minister 
Zhan  Videnov. 

In  February  masked  police  raided  a  Romani  neighborhood  in  Pazardjik  and  beat 
local  residents  in  what  was  seen  as  retaliation  for  the  theft  of  food  from  a  grocery 
earlier  that  day  by  several  Romani  protesters.  The  Human  Rights  Project  reported 
that  approximately  60  Romani  citizens  were  beaten  in  the  course  of  the  raid.  Ac- 
cording to  family  members,  one  man  died  in  June  as  a  result  of  improperly  treated 
wounds  received  from  the  police  during  that  incident.  No  criminal  prosecution  of 
those  responsible  for  the  mistreatment  took  place,  although  the  district  court  agreed 
to  consider  civil  claims. 


1012 

The  Bulgarian  Helsinki  Committee  also  reported  that  in  March  police  raided  the 
"Flamingo,    a  Sofia  bar  run  by  gay  rights  activists.  No  warrant  was  produced,  and 

ftolice  beat  several  of  the  bar's  employees  and  patrons.  The  police  allegedly  con- 
iscated  documents  and  other  items  in  an  attempt  to  gain  access  to  a  list  oi  those 
who  frequent  the  Flamingo.  They  also  reportedlv  kept  several  of  those  present  dur- 
ing the  raid  in  custody  at  a  police  station  with  their  nands  cuffed  to  a  bar  over  their 
heads  for  20  hours.  None  of  those  involved  filed  a  formal  complaint. 

Human  Rights  Project  reported  that  in  April  two  Romani  theft  suspects  in 
Nedyalsko  were  handcuffed  by  police  and  tied  to  a  tractor.  The  police,  who  had  ear- 
lier beaten  the  suspects  along  with  two  others,  forced  the  Roma  to  run  aft«r  the 
tractor  for  approximately  1  kilometer.  The  police  then  drove  the  tractor  (with  the 
two  Roma  still  attached)  to  the  village  square,  where  villagers  stoned  and  beat  the 
two  men.  The  victims  are  preparing  to  file  a  compladnt. 

In  June  a  ra^d  at  an  outdoor  disco  in  Sofia  resulted  in  51  complaints  of  inappro- 
priate police  behavior  reported  to  the  Bulgarian  Helsinki  Committee.  Several  offi- 
cers reportedly  harassed  and  mistreated  those  patrons  who  did  not  produce  identi- 
fication in  a  timely  manner. 

On  June  4  and  5,  Danail  Mladenov,  a  23-year-old  Rom  from  Valchedram  was 
taken  to  a  police  station  and  questioned  regarding  a  theft.  Although  police  records 
indicated  that  he  was  not  implicated  in  any  theft,  police  officers  allegedly  attempted 
to  obtain  a  confession  by  beating  the  soles  of  his  feet  (as  well  as  his  palms).  His 
family  asserted  that  he  had  visible  injuries  resulting  from  mistreatment.  Mladenov 
filed  a  complaint  with  the  Military  FVosecutor's  Office,  but  the  prosecutor  refused 
to  initiate  criminal  proceedings. 

Also  in  June,  several  Sliven  policemen  beat  theater  director  Zlatko  Gulekov,  alleg- 
edly for  making  excessive  noise  in  public.  Gulekov  was  reportedly  beaten  in  a  police 
station. 

Fifteen  members  of  the  Special  Police  Unit  went  to  another  Sofia  nightclub  in 
July  to  avenge  the  ejection  of  one  of  their  colleagues  the  night  before.  According  to 
news  reports  quoting  security  employees  of  the  club,  an  officer  was  ejected  the  ni^t 
before  because  he  was  intoxicated  and  behaving  aggressively.  The  15  officers  se- 
verely beat  several  employees  of  the  club,  3  of  whom  subsequently  required  hos- 
Eitalization.  Interior  Minister  Bogimil  Bonev  reacted  quickly  by  disbanding  the  unit, 
lespite  an  announcement  that  tnose  officers  responsible  would  be  turned  over  to 
the  military  prosecutor,  to  date  no  reports  of  further  prosecution  have  emei^ed. 

Also  in  July,  the  families  of  three  Romani  girls  between  the  ages  of  10  and  14 
accused  the  Elhovo  police  of  brutality.  They  afleged  that  the  police  threatened  the 
children  with  firearms,  forced  them  to  crawl  on  the  ground  while  verbally  abusing 
them  with  ethnic  slurs,  and  then  slapped  the  eldest  and  hit  her  with  a  truncheon. 
The  girls  were  then  reportedly  intimidated  into  confessing  to  theft.  The  parents 
maintain  that  they  were  not  informed  of  the  detention  of  their  daughters  and  have 
submitted  a  complaint  to  the  Military  Prosecutor's  Office  in  Sliven;  no  action  was 
taken  on  the  complaint  by  year's  end. 

In  September  a  Rom,  Ivo  Karlovo,  was  arrested  on  suspicion  of  theft  of  a  cow  in 
Sopot.  The  police  allegedly  beat  Karlovo  with  batons  and  metal  wire  and  extin- 
guished a  cigarette  in  nis  palm  while  verbally  abusing  him  with  ethnic  slurs.  The 
Human  Rights  Project  filed  a  complaint  with  the  Military  Prosecutor's  Office  but 
has  yet  to  receive  a  reply. 

In  October  four  police  officers  allegedly  assaulted  Roma  in  three  cafes  in  Sofia's 
Hristo  Botev  neighborhood.  Witnesses  claimed  that  the  officers,  who  were  drunk, 
beat  bystanders  and  forced  a  couple  out  of  bed  and  then  made  them  crawl  naked 
on  the  floor.  Yanko  Atanassov  and  his  son  Nikolai  told  Human  Rights  Project  per- 
sonnel that  they  were  seriously  injured  in  the  attack.  Yanko  claimed  to  have  been 
handcuffed  and  then  beaten  by  the  officers,  and  Nikolai  said  the  policemen  forced 
him  to  bum  his  father's  genitals  with  a  lighter. 

A  Human  Rights  Watch  report  released  in  1996  documenting  police  mistreatment 
of  Romani  street  children  stated  that  police  harass  and  physically  abuse  the  chil- 
dren. Children  described  being  chased,  kicked,  and  grabbed  by  police  on  the  street. 

Conditions  in  some  prisons  are  harsh,  and  iclude  severe  overcrowding,  inadequate 
lavatory  facilities,  and  insufficient  heating  and  ventilation.  Credible  sources  re- 
ported cases  of  brutality  committed  by  prison  guards  against  inmates;  in  some 
cases,  prisoners  who  complained  were  placed  in  solitary  confinement.  The  process 
by  which  prisoners  may  complain  of  substandard  conditions  or  of  mistreatment  does 
not  appear  to  ftinction.  Deputy  Minister  of  Justice  and  I^egal  Euro-Integration 
Zlatka  Kousseva  visited  10  of  Bulgaria's  13  prisons  after  taking  office. 

The  (jovemment  cooperated  fully  with  requests  by  independent  observers  to  mon- 
itor conditions  in  those  prisons  under  the  authority  of  the  Ministry  of  Justice.  Such 


1013 

cooperation  was  not  the  case  for  the  detention  centers  operated  by  the  National  In- 
vestigative Service  (see  Section  l.d.). 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  provides  for  protection 
against  arbitrary  arrest  and  detention;  however,  police  often  arbitrarily  detain 
street  children.  The  Constitution  provides  for  access  to  legal  counsel  from  the  time 
of  detention.  Police  normally  obtain  a  warrant  from  a  prosecutor  prior  to  apprehend- 
ing an  individual;  otherwise,  in  emergency  circumstances  judicial  authorities  must 
rule  on  the  legality  of  a  detention  within  24  hours.  Defendants  have  the  right  to 
visits  by  family  members,  to  examine  evidence,  and  to  know  the  charges  against 
them.  Charges  may  not  be  made  public  without  the  permission  of  the  chief  prosecu- 
tor. Pretrial  detention  is  limited  to  2  months  under  normal  circumstances,  although 
this  may  be  extended  to  6  months  by  order  of  the  Chief  Prosecutor,  who  may  also 
restart  the  process.  In  practice  persons  are  often  detained  for  well  over  6  months. 
In  an  August  interview.  Deputy  Minister  of  Justice  Rousseva  said  that  people  were 
known  to  have  spent  up  to  4  years  in  prison  without  an  indictment.  Under  the 
terms  of  an  August  amendment  to  the  Code  of  Criminal  Procedure,  pretrial  deten- 
tion for  new  detainees  can  last  no  more  than  1  year  or,  if  the  alleged  offense  is  pun- 
ishable by  over  15  years'  imprisonment,  life  imprisonment,  or  capital  punishment, 
no  more  than  2  years. 

As  of  August  1,  According  to  the  Ministry  of  Justice,  1,516  inmates  were  in  pre- 
trial detention,  2,403  were  on  trial,  and  7,857  had  been  convicted  (for  a  total  inmate 
population  of  11,776).  These  figures  do  not  include  those  held  in  custody  by  the  Na- 
tional Investigative  Service  (NIS),  for  which  figures  are  not  available.  The  Bulgarian 
Helsinki  Committee  has  attempted  without  success  to  gain  access  to  NIS  facilities 
in  order  to  investigate  allegations  of  abuse.  Attempts  to  obtain  information  on  the 
numbers  held  have  also  met  with  frustration. 

In  the  event  of  a  conviction,  time  spent  in  pretrial  detention  is  credited  toward 
the  sentence.  The  Constitution  provides  for  bail,  and  some  detainees  have  been  re- 
leased under  this  provision,  although  bail  is  not  widely  used. 

A  Human  Rights  Watch  report  in  1996  found  that  "police  often  arbitrarily  detain 
street  children,  hold  them  in  custody,  question  them,  and  then  release  them  after 
registering  the  children  with  the  Children's  Pedagogic  OfTice  or  referring  them  to 
a  local  Commission,  the  body  which  is  authorized  under  the  Juvenile  Delinquency 
Act  to  recommend  confinement  of  a  child  in  a  Labor  Education  School." 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — Under  the  Constitution  the  judiciary  is  granted 
independent  and  coequal  status  with  the  legislative  and  executive  branches.  How- 
ever, the  judiciary  continues  to  struggle  with  problems  such  as  corruption,  low  sala- 
ries, understafUng,  antiquated  procedures,  and  a  heavy  backlog  of  cases.  Partly  as 
a  legacy  of  communism  and  partly  because  of  the  court  system's  corruption,  struc- 
tural, and  personnel  problems,  many  citizens  have  little  confidence  in  the  judicial 
system.  Human  rights  groups  complain  that  local  prosecutors  and  magistrates  some- 
times fail  to  pursue  vigorously  crimes  committed  against  minorities.  Few  organized 
crime  figures  have  been  prosecuted  to  date,  but  the  new  Government  has  made  the 
battle  against  organized  crime  a  priority  and  has  reformed  the  Penal  Code  and 
sought  external  assistance  to  that  end. 

Tne  court  system  consists  of  regional  courts,  district  courts,  and  Supreme  Courts 
of  Cassation  (civil  and  criminal  appeal)  and  Administration.  The  Government  has 
not  yet  carried  out  several  of  the  reiorms  provided  for  in  a  1994  judicial  reform  bill, 
including  revised  procedures  for  the  two  separate  Supreme  Courts.  The  Constitu- 
tional Court,  which  is  separate  from  the  normal  court  system,  is  empowered  to  re- 
scind legislation  it  considers  unconstitutional,  settle  disputes  over  the  conduct  of 
general  elections,  and  resolve  conflicts  over  the  division  of  powers  between  the  var- 
ious branches  of  government.  Military  courts  handle  cases  involving  military  person- 
nel and  some  cases  involving  national  security  matters.  The  Constitutional  Court 
does  not  have  specific  jurisdiction  in  matters  of  military  justice.  Judges  are  ap- 
pointed by  the  25-member  Supreme  Judicial  Council  and,  after  serving  for  3  years, 
may  not  be  replaced  except  under  limited,  specified  circumstances.  The  12  justices 
on  the  Constitutional  Court  are  chosen  for  9-year  terms  as  follows:  a  third  are  elect- 
ed by  the  National  Assembly,  a  third  appointed  by  the  President,  and  a  third  elected 
by  judicial  authorities. 

The  Constitution  stipulates  that  all  courts  shall  conduct  their  hearings  in  public 
unless  the  proceedings  involve  state  security  or  national  secrets.  There  were  no  re- 
ported complaints  about  limited  access  to  courtroom  proceedings.  Defendants  have 
the  right  to  learn  of  the  charges  against  them  and  are  given  ample  time  to  prepare 
a  defense.  The  right  of  appeal  is  provided  and  widely  used.  Defendants  in  criminal 
proceedings  have  the  right  to  coniront  witnesses  and  to  have  an  attorney,  provided 
by  the  state  if  necessary,  in  serious  cases. 


1014 

Human  rights  observers  consider  so-called  "Educational  Boarding  Schools"  (for- 
merly known  as  "Labor  Education  Schools  ")  to  which  problem  children  can  be  sent 
to  be  little  different  from  penal  institutions.  However,  since  the  schools  are  not  con- 
sidered prisons  under  the  law,  the  procedures  by  which  children  are  confined  in 
these  schools  are  not  subject  to  minimal  due  process.  This  denial  of  due  process  is 
criticized  by  human  rights  observer  groups  such  as  the  Bulgarian  Lawyers  for 
Human  Rights.  Children  sometimes  appear  alone  despite  the  requirement  that  par- 
ents attend  hearings;  the  right  to  an  attorney  at  the  hearing  is  expressly  prohibited 
by  law.  Decisions  on  these  cases  are  not  subject  to  judicial  review,  and  children  tjrpi- 
cally  stay  in  the  Educational  Boarding  Schools  for  3  years  or  until  they  reach  major- 
ity age,  whichever  occurs  first.  In  late  1996,  the  National  Assembly  enacted  legisla- 
tion providing  for  court  review  of  sentencing  to  such  schools,  setting  a  limit  of  a  3- 
year  stay,  and  addressing  other  problems  in  these  institutions  (see  Section  5).  Some 
observers  dismiss  these  provisions  as  a  formality,  as  the  child  is  not  present  to 
speak  on  his  or  her  own  oehalf  (nor  is  the  defense  lawyer,  nor  the  child's  parents). 

Until  September  former  dictator  Todor  Zhivkov  remained  under  house  arrest  on 
charges  stemming  from  his  involvement  in  the  coercive  campaign  to  rename  and  as- 
similate ethnic  Tiarks  in  the  mid-1980's,  channeling  funds  to  arm  third-world  coun- 
tries, and  establishing  a  fund  to  assist  leftist  workers'  organizations  worldwide. 
Zhivkov  was  granted  a  temporary  release  in  August  in  order  to  attend  a  function 
in  his  honor.  In  September  the  Military  Prosecutor's  Office  released  Zhivkov  from 
house  arrest  but  imposed  parole-like  conditions  that  require  him  to  report  regularly 
to  the  police  and  forbid  him  from  leaving  the  country. 

One  of  the  primaiy  figures  in  a  long-running  case  involving  the  prosecution  of 
former  high-level  Communists  for  various  financial  misdeeds,  former  Prime  Minister 
and  one-time  senior  Communist  official  Andrei  Lukanov,  brought  a  complaint 
against  these  proceedings  to  the  European  Commission  of  Human  Rights.  In  1996 
the  Commission  ruled  that  the  detention  of  Lukanov  from  July  to  December  1992 
was  unlawful.  Although  Lukanov  was  shot  and  killed  in  Sofia  on  October  2,  1996, 
the  European  Court  of  Human  Rights  found  in  Lukanov's  favor  in  March  and  or- 
dered the  Government  to  pay  damages,  legal  costs,  and  expenses  to  Lukanov's  next- 
of-kin.  The  Government  complied. 

There  was  no  progress  in  a  case  begun  in  1993  relating  to  the  forced  assimilation 
and  expulsion  oi  ethnic  Turks  in  1984-85  and  1989,  nor  in  a  trial  relating  to  the 
notorious  death  camps  set  up  by  the  Communists  after  they  came  to  power  in  1944. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  the  home,  the  right  to  choose  one's 

Blace  of  work  and  residence,  and  the  freedom  and  confidentiality  of  correspondence, 
[uman  rights  observers  expressed  concern  that  illegal  wiretaps  may  persist;  specu- 
lation was  fueled  by  an  incident  in  January  when,  immediately  after  a  journalist 
revealed  in  a  telephone  conversation  his  possession  of  a  videotape  allegedly  incrimi- 
nating the  security  services  in  police  brutality,  the  police  arrived  at  his  home  and 
confiscated  the  tape.  FVocedures  were  subseqruently  introduced  by  the  Government 
that  are  designed  to  prevent  the  abuse  of  legal  wiretaps  by  the  security  forces. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  generally  respects  this  right  in  practice.  In 
1996  the  National  Assembly  passed,  over  President  Zhelev's  veto,  legislation  that 
was  publicly  criticized  by  Council  of  Europe  experts  and  Bulgarian  journalists  for 
the  inhibitions  it  would  impose  on  freedom  of  the  broadcast  media.  Critics  of  the 
media  law  were  concerned,  for  example,  that  the  makeup  of  the  National  Council 
for  Radio  and  Television  would  subject  the  media  to  political  influence  by  the  party 
in  power.  Asked  by  74  opposition  Members  of  Parliament  to  rule  on  the  law,  the 
Constitutional  Court  in  November  1996  declared  this  and  numerous  other  provisions 
unconstitutional.  Until  a  revised  bill  is  enacted,  the  broadcast  media  are  left  in  a 
legislative  void  but  operate  freely.  Meanwhile  the  Government  appointed  a  new  Na- 
tional Council. 

A  variety  of  newspapers  are  published  freely  by  political  parties  and  other  organi- 
zations representing  the  full  spectrum  of  political  opinion,  although  journalists  fre- 
quently color  their  reports  to  conform  with  the  views  of  the  political  parties  or  eco- 
nomic groups  that  own  their  respective  newspapers. 

Some  human  rights  observers  charge  that  prosecutors  use  their  authority  to  issue 
arrest  warrants  to  intimidate  reporters  who  criticize  their  work.  However,  only  one 
case  apparently  occurred  during  the  year,  when  journalist  Yovka  Atanassova  was 
convicted  in  March  of  allegedly  libeling  prominent  business  and  political  figures 
whom  she  reported  had  worked  as  State  Security  Organization  informants.  Another 


1015 

journalist  was  released  from  prison  after  serving  the  full  term  of  a  6-month  sentence 
Degun  in  1996;  he  was  convicted  of  libel  for  accusing  a  prosecutor  of  corruption. 

Pending  enactment  of  the  new  media  legislation,  national  television  and  radio 
broadcasting  both  remained  under  parliamentary  supervision.  Some  media  observ- 
ers expressed  concern  that  such  parliamentary  supervision  fosters  censorship  and 
a  lack  of  balance  in  the  state-controlled  media.  After  confidential  records  of  his  gov- 
ernment were  made  public  in  January  1998,  it  emerged  that  Socialist  Prime  Min- 
ister Zhan  Videnov  restricted  the  national  television  networic's  coverage  of 
antigovemment  demonstrations  in  January  1997. 

"niere  are  two  state-owned  national  television  channels  that  broadcast  in  Bul- 

garian.  Until  the  end  of  August,  there  was  also  a  national  channel  that  broadcast 
Russian  programming  and  another  that  carried  a  mixture  of  Cable  News  Network 
Intematicnal  and  French-language  programming.  All  foreign  broadcasts  ended  in 
the  autumn  when  previously-granted  broadcast  licenses  expired.  Bulgarian  National 
Television  has  been  planning  Turkish-language  programming  for  at  least  4  years, 
but  broadcasts  have  not  yet  begun  (there  are,  however,  two  daily  half-hour  radio 
broadcasts  in  Turkish).  There  is  no  private  national  broadcast  station,  but  a  number 
of  privately  owned  regional  stations  operate.  After  initial  government  approval  in 
the  fall  of  1994  of  an  application  to  create  a  privately  owned  national  broadcast  tele- 
vision station,  no  further  steps  have  been  taken  by  either  the  current  or  previous 
governments  to  license  such  a  station. 

Foreign  government  radio  programs  such  as  the  British  Broadcasting  Corporation, 
Deutsche  Welle,  and  the  Voice  of  America  had  good  access  to  commercial  radio  fre- 
quencies. Television  and  radio  news  programs  on  the  state-owned  media  present  op- 
position views,  but  opposition  members  claim  that  their  activities  and  views  are 
given  less  air  time  ana  exposure  than  the  those  of  the  ruling  party.  There  are  no 
formal  restrictions  on  programming.  Both  television  and  radio  provide  a  variety  of 
news  and  public  interest  programming,  including  talk  and  public  opinion  shows. 

More  than  30  independent  radio  stations  are  licensed.  Some  private  stations  com- 
plained that  their  licenses  unduly  restricted  the  strength  of  their  transmissions  in 
comparison  with  state-owned  stations.  Radio  transmitter  facilities  are  owned  by  the 
Government. 

Private  book  publishing  remained  unhindered  by  political  considerations,  but  pub- 
lishers suffered  heavy  losses  as  a  result  of  the  economic  crisis.  Additionally,  many 
publishing  houses  are  small  and  operate  on  slender  profit  margins. 

The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  right  to  peaceful  assembly 
is  provided  for  by  the  Constitution,  and  the  Government  generally  respected  this 
right  in  practice.  The  authorities  require  permits  for  rallies  and  assemblies  held  out- 
doors, but  most  legally  registered  organizations  were  routinely  granted  permission 
to  assemble.  However,  on  several  occasions  police  broke  up  gatherings  and  services 
of  unregistered  religious  groups,  including  those  of  Jehovah's  Witnesses,  Word  of 
Life,  The  Unification  Church,  and  Baha'is.  These  religious  groups  were  denied  reg- 
istration by  the  Council  of  Ministers.  The  Government  also  broke  up  a  Muslim  reli- 
gious gathering  in  August;  although  the  Muslim  religion  is  recognized  and  sub- 
sidizeaby  the  State,  this  particular  gathering  was  deemed  "nonauthorized"  (see  Sec- 
tion 2.C.). 

Vigorous  political  rallies  and  demonstrations  were  a  common  occurrence.  Most 
took  place  without  government  interference,  with  the  notable  exception  of  the  con- 
troversial events  at  the  National  Assembly  building  on  January  10  and  11  (see  Sec- 
tion I.e.). 

The  Government  has  undertaken  to  respect  the  rights  of  individuals  and  groups 
freely  to  establish  their  own  political  parties  or  other  political  organizations.  How- 
ever, there  are  constitutional  and  statutory  restrictions  that  limit  the  right  of  asso- 
ciation and  meaningful  participation  in  the  political  process.  For  example,  the  Con- 
stitution forbids  the  formation  of  political  parties  along  religious,  ethnic,  or  racial 
lines  and  prohibits  "citizens'  associations"  from  engaging  in  political  activity.  This 
provision  is  designed  to  prevent  the  development  of  parties  based  on  a  single  ethnic 
or  other  group  that  could  prove  divisive  for  national  unity  by  stirring  up  ethnic  ten- 
sion for  political  purposes.  Nonetheless,  the  mainly  ethnic  Turkish  Movement  for 
Rights  and  Freedoms  (MRF)  is  represented  in  the  National  Assembly.  The  other 
major  political  parties  generally  accept  the  MRF's  right  to  participate  in  the  political 
process. 

The  Constitution  also  prohibits  organizations  that  threaten  the  country's  terri- 
torial integrity  or  unity  or  that  incite  racial,  ethnic,  or  religious  hatred.  The  Govern- 
ment has  refused  since  1990  to  register  a  self-proclaimed  Macedonian  rights  group, 
Omo-Ilinden,  on  the  grounds  that  it  is  separatist.  In  April  and  again  in  May,  police 


1016 

broke  up  attempts  by  the  group  to  hold  public  meetings.  There  were  no  known  pros- 
ecutions for  simple  membership  in  this  group. 

c.  Freedom  of  Religion. — ^Altnough  the  Constitution  provides  for  freedom  of  reli- 
gion, the  Government  restricts  this  right  in  practice  for  some  non-Orthodox  religious 
groups.  The  ability  of  a  number  of  religious  groups  to  operate  freely  continued  to 
come  under  attack,  both  as  a  result  of  government  action  and  because  of  public  in- 
tolerance. The  government  requirement  that  groups  whose  activities  have  a  reli- 
gious element  re^ster  with  the  Council  of  Ministers  remained  an  obstacle  to  the  ac- 
tivity of  some  religious  groups,  such  as  Jehovah's  Witnesses,  Word  of  Life,  the  Unifi- 
cation Church,  and  Baha'is,  which  have  been  denied  registration.  In  December  the 
Directorate  of  Religious  Affairs  registered  the  "United  Evangelical  Churches,"  an  al- 
liance of  five  evangelical  churches,  and  in  August  it  registered  the  Gideons  as  a  "re- 
ligious group." 

The  Ministry  of  Education  announced  plans  to  include  a  course  on  religion  in  the 
high  school  curriculum  beginning  with  the  1998-99  school  year.  The  plan  reportedly 
caUs  for  a  "world  religion"  course  that  avoids  endorsing  any  particular  faith. 

The  Government  refused  many  requests  for  visas  and  residence  permits  for  for- 
eign missionaries,  some  of  whom  came  under  physical  attack  in  public  places.  Mem- 
bers of  the  Mormon  Church  reported  continued  acts  of  harassment  and  assault,  in- 
cluding some  perpetrated  by  government  authorities  themselves.  Two  groups  of 
Mormon  missionaries  were  singled  out  for  extensive  searches  and  had  religious  and 
other  literature  as  well  as  personal  belongings  confiscated  at  Sofia  Airport  in  April. 
At  no  point  did  the  customs  officials  cite  any  law  that  would  have  been  breacned 
by  the  importation  or  possession  of  the  Mormons'  literature  but  insisted  that  thev 
were  acting  under  orders  from  their  superiors.  When  one  missionary  was  later  ad- 
vised that  the  items  could  be  retrieved  at  the  airport,  he  was  arrested  for  alleged 
possession  of  methamphetamines  which,  according  to  customs  authorities,  were  con- 
tained in  over-the-counter  dietary  supplements  that  were  removed  from  the  mission- 
aries' luggage  at  the  time  of  confiscation.  The  Minister  of  Interior  acted  promptly 
to  obtain  his  release.  A  criminal  investigation  is  still  pending. 

In  late  1995,  Jehovah's  Witnesses  brought  a  complaint  to  the  European  Commis- 
sion of  Human  Rights  about  the  Government's  refusal  to  register  the  organization. 
The  Commission  ruled  that  Jehovah's  Witnesses'  appeal  was  admissible  oe fore  the  i 
Commission,  and  the  Government  subsequently  indicated  in  the  press  that  it  might 
be  willing  to  come  to  terms  out  of  court  with  Jehovah's  Witnesses  on  those  practices 
that  the  Government  has  considered  objectionable.  Talks  were  continuing  between 
the  two  parties  at  year's  end.  Proposed  legislation  allowing  alternatives  to  compul- 
sory military  service  provided  a  possible  opportunity  for  agreement.  One  member  of 
Jehovah's  Witnesses  who  was  imprisoned  for  refusing  to  serve  in  the  military  was 
released  in  1997.  Another  member  of  Jehovah's  Witnesses,  an  Austrian  citizen,  was 
ordered  to  leave  the  country  in  September. 

On  several  occasions  the  police  shut  down  religious  meetings  of  unregistered 
groups.  In  April  and  August,  police  broke  up  Word  of  Life  religious  gatherings,  and 
in  May  customs  officials  at  Sofia  Airport  confiscated  videotapes  belonging  to  the 
same  religious  group.  In  April  and  in  June,  police  broke  up  meetings  of  the  Unifica- 
tion Church  and  confiscated  literature  and  other  items.  In  May  two  members  of  Je- 
hovah's Witnesses  in  Petrich  were  beaten  and  driven  out  of  town  by  local  members 
of  the  political  party  "Internal  Macedonian  Revolutionary  Organization."  No  action 
was  taken  by  law  enforcement  authorities.  In  June  police  broke  up  a  Jehovah's  Wit- 
ness gathering  in  Plovdiv  and  confiscated  religious  materials.  In  August  police  en- 
tered the  home  of  a  Jehovah's  Witness  member  to  break  up  a  religious  gathering, 
confiscated  religious  materials,  books,  and  personal  videos,  and  filmed  those  present 
at  the  meeting.  Also  in  August,  Haskovo  municipal  authorities  banned  a  public 
meeting  of  Baha'is  and  forced  them  to  abandon  an  apartment  in  the  city.  Later  in 
August,  police  raided  an  Islamic  religious  seminar  on  the  grounds  that  it  was  not 
registered.  On  this  occasion,  the  police  brought  cameramen  with  them  who  recorded 
the  raid  for  broadcast  on  national  television  news.  These  incidents  lend  credence  to 
charges  by  human  rights  activists  that  the  police  are  monitoring  and  interfering 
with  the  activities  of  many  unregistered  groups. 

The  Constitution  designates  Eastern  Orthodox  Christianity  as  the  "traditional"  re- 
ligion. Along  with  the  Orthodox  Church,  a  number  of  major  religious  bodies,  includ- 
ing the  Muslim  and  Jewish  communities,  receive  government  financial  support. 
There  was  no  evidence  that  the  Government  discriminated  against  the  members  of 
any  religious  group  in  making  restitution  to  previous  owners  of  properties  that  were 
nationalized  during  the  Communist  regime.  The  Government  actively  supported 
property  restitution  for  a  group  representing  the  Jewish  community.  For  most  reg- 
istered religious  groups,  there  were  no  restrictions  on  attendance  at  religious  serv- 
ices or  on  private  religious  instruction.  A  school  for  imams,  a  Muslim  cultural  cen- 


1017 

ter,  university  theological  faculties,  and  religious  primary  schools  operated  freely. 
Bibles  and  other  religious  materials  in  the  Bulgarian  language  were  on  most  occa- 
sions freely  importea  and  printed,  and  Muslim,  Catholic,  and  Jewish  publications 
were  published  on  a  regular  basis.  Nevertheless,  police  confiscated  religious  lit- 
erature during  searches  of  Mormon  missionaries,  a  visiting  Word  of  Life  minister, 
and  Jehovah's  Witnesses. 

In  September  three  Bulgarian  Socialist  Party  members  of  Parliament  proposed 
the  levying  of  fines  against  those  leaders  of  religious  groups  who  have  been  denied 
registration  yet  continue  to  perform  religious  ceremonies.  The  fines  would  range 
from  $56  to  $560  (100,000  to  1  million  Leva). 

During  compulsory  military  service  most  Muslims  are  placed  in  construction  units 
where  they  often  perform  commercial  or  maintenance  work  rather  than  serve  in  nor- 
mal military  units.  The  mainlv  ethnic  Turkish  Movement  for  Ri^ts  and  Freedoms 
(MRF)  protested  this  practice  (see  Section  5). 

A  long-running  feua  in  the  Muslim  community  ended  in  October.  Until  then  many 
Muslims  viewed  the  Government's  recognition  of  Nedim  (iendjev  as  Chief  Mufli  to 
be  interference  in  their  affairs.  Many  members  of  the  ethnic  Turkish  minority 
viewed  Gendjev  as  a  collaborator  with  the  "Regeneration  Process"  of  the  Zhivkov  re- 
gime in  the  1980's,  during  which  many  ethnic-Turkish  citizens  were  intimidated 
into  exchanging  their  Turkish  names  for  Bulgarian  ones.  The  Gk)vemment  continued 
to  refuse  to  recognize  the  election  of  a  rival  Chief  Mufli,  Fikri  Sali,  who  was  elected 
at  an  alternative  Islamic  conference  in  1995.  In  late  October,  the  leadership  of  the 
Muslim  community  participated  in  a  unification  conference  organized  by  the  Gov- 
ernment and  elected  a  new  Mufli,  Mustafa  Alish  Hadji,  who  was  found  acceptable 
by  the  majority  of  supporters  of  both  former  rival  muflis.  The  Government  there- 
upon registered  both  Hadji  and  the  new  statutes  of  the  Muslim  leadership  as  adopt- 
ed by  the  conference. 

At  the  Department  of  Theology  of  Sofia  University  all  students  are  required  to 
present  a  certificate  of  baptism  from  the  Orthodox  Church,  and  marriea  couples 
must  present  a  marriage  certificate  from  the  same  in  order  to  enroll  in  the  Depart- 
ment's classes;  in  1996  two  non-Orthodox  applicants  were  denied  admission  to  the 
Department  when  they  were  unable  to  present  such  certificates.  The  applicants  then 
appealed  to  the  local  courts.  One  local  court  has  already  decided  in  favor  of  one  ap- 
plicant. 

The  schism  that  opened  in  the  Orthodox  Church  in  1992  continued,  and  the  Gov- 
ernment refused  to  recognize  an  alternative  Patriarch  elected  by  his  supporters  in 
1996.  The  Supreme  Court  ruled  that  the  decision  was  unlawful,  but  the  alternate 
Patriarch  remained  unregistered  by  the  new  Government. 

d.  Freedom  of  Movement  Within  the  Country.  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  of  movement  within  the  country 
and  the  right  to  leave  it,  and  these  rights  are  not  limited  in  practice,  with  the  excep- 
tion of  limited  border  zones  that  are  off  limits  both  to  foreigners  and  citizens  not 
resident  therein.  Every  citizen  has  the  right  to  return  to  Bulgaria,  may  not  be  forc- 
ibly expatriated,  and  may  not  be  deprived  of  citizenship  acquired  by  birth.  A  num- 
ber of  former  political  emigrants  were  granted  passports  and  returned  to  visit  or 
live.  The  new  Government  revoked  the  passports  of  several  former  government  fig- 
ures who  were  under  investigation  for  charges  of  corruption. 

Bulgaria  has  provisions  for  granting  asylum  or  refugee  status  in  accordance  with 
relevant  United  Nations  acts  in  this  field,  and  the  (Government  provides  first  asy- 
lum. However,  domestic  and  international  human  rights  organizations  expressed 
concern  over  the  (jovemment's  handling  of  asylum  claims  and  reported  that  there 
may  be  cases  in  which  bona  fide  refugees  are  forced  to  return  to  countries  where 
they  fear  persecution.  In  the  absence  of  a  refugee  law,  the  procedures  followed  by 
the  CJovemment's  National  Bureau  for  Territorial  Asylum  and  Refugees  (NBTAR) 
are  regulated  by  an  Ordinance  for  Granting  and  Regulating  Refugee  Status.  The 
NBTAR  is  currently  drafting  a  proposed  refugee  law,  which  has  yet  to  be  submitted 
to  the  National  Assembly.  The  NBTAR  asserts  that  it  gives  a  fair  hearing  to  all  per- 
sons seeking  asylum  or  refugee  status  but  admits  that  there  may  be  cases  that  do 
not  come  to  its  attention  before  the  applicants  are  returned  to  the  country  from 
which  they  came.  In  1996  the  Ministry  of  Interior  reported  that  2,600  people  were 
denied  entry  at  borders  over  the  past  few  years.  It  is  not  known  how  many  of  these 
persons  requested  asylum;  no  figures  for  1997  were  available. 

The  NBTAR  reports  that,  from  its  inception  in  1993  until  August  31,  a  total  of 
1,798  people  applied  for  asylum.  Of  these  cases,  341  persons  were  granted  asylum, 
73  were  oenied,  and  for  186  applicants  the  procedure  was  terminated  (usually  be- 
cause the  applicant  could  not  be  found).  Domestic  and  international  human  rights 
organizations  coniplained  that  the  asylum  process  is  slow  (it  can  take  up  to  4  years), 
and  that  many  of  those  who  have  been  granted  refugee  status  have  yet  to  receive 


1018 

the  necessary  documents  enabling  them  to  move  about  freely  and  work.  Due  to  the 
arrival  of  only  a  relatively  low  number  of  refugees,  the  NBTAR  is  no  longer  seeking 
to  establish  reception  centers  (blocked  in  1994  by  skinheads  and  local  citizens 
groups)  but  still  plans  to  open  transit  centers. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government  and  head  of  state  through  the 
election  of  the  President  and  of  the  members  of  the  National  Assembly,  although 
the  constitutional  prohibition  of  parties  formed  on  ethnic,  racial,  or  religious  lines 
has  the  effect  of  circumscribing  access  to  the  political  process  for  some  groups  (see 
Section  2.b.).  Suffrage  is  universal  at  the  age  of  18. 

Citizens  exercised  the  right  to  change  their  government  in  April.  Popular  unrest 
in  the  form  of  general  strikes  and  daily  protests  during  the  political  crisis  of  Janu- 
ary and  early  February  led  to  a  political  capitulation  by  an  extremely  unpopular 
and  widely  discredited  government  and  agreement  to  move  immediately  to  new  elec- 
tions. The  populace  believed  that  the  (jovemment,  dominated  by  the  Bulgarian  So- 
cialist Party,  Dore  the  brunt  of  the  blame  for  the  economic  malaise  that  began  with 
the  banking  crisis  in  the  spring  of  1996  and  worsened  with  the  collapse  of  the  na- 
tional currency  (Lev)  in  late  1996  and  early  1997.  The  (jovernment  bowed  to  popu- 
lar pressure  and  agreed  on  February  4  to  allow  President  Petar  Stoyanov  (who  was 
elected  in  late  1996  and  took  office  in  January)  of  the  United  Democratic  Forces  to 
select  a  caretaker  government  in  preparation  for  early  parliamentary  elections  in 
April.  Free  and  fair  elections,  whicn  were  observed  by  international  monitors,  were 
held  on  April  19  and  resulted  in  an  absolute  majority  for  the  UDF.  UDF  parliamen- 
tary group  leader  (and  former  opposition  leader)  Ivan  Rostov  was  chosen  by  his 
party  as  Prime  Minister. 

There  are  no  restrictions  in  law  on  the  participation  of  women  in  government.  A 
number  of  women  hold  elective  and  appointive  ouice  at  high  levels,  including  three 
cabinet-level  posts  and  several  key  positions  in  the  National  Assembly.  The  Minister 
of  Foreign  Anairs  and  the  leader  of  the  UDF  parliamentary  group  (the  dominant 
party  in  the  new  (jovemment)  are  both  women.  Women  hold  just  under  11  percent 
of  the  seats  in  the  National  Assembly. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Local  and  international  human  rights  groups  operate  freely,  investigating  and 
publishing  their  findings  on  human  rights  cases.  Local  human  rights  groups  did  not 
report  significant  improvement  in  their  dealings  with  government  officials.  Govern- 
ment officials,  especially  local  officials,  are  occasionally  reluctant  to  provide  informa- 
tion or  active  cooperation.  The  failure  of  the  National  Investigative  Service  to  allow 
access  by  human  rights  groups  to  its  detention  centers  is  of  particular  concern. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  individual  rights,  equality,  and  protection  against 
discrimination,  but  in  practice  discrimination  still  exists,  particularly  against  Roma 
and  women. 

There  have  been  reports  of  inadequate  police  response  to  incidents  of  societal  vio- 
lence against  homosexuals,  but  few  victims  of  such  assaults  are  willing  to  press 
charges.  Police  also  beat  homosexuals  during  one  incident  in  March  (see  Section 
2.C.). 

Women. — Domestic  abuse  is  a  serious  and  common  problem,  but  there  are  no  offi- 
cial statistics  on  its  occurrence.  The  Animus  Association  (AA),  a  nongovernmental 
organization  that  ofTers  help  and  support  to  female  victims  of  violence,  reported  65 
cases  of  domestic  violence  and  5  cases  of  trafficking  in  women  between  May  1996 
and  September  1,  1997.  The  actual  incidence  of  each  is  certainly  much  higher,  as 
these  represent  those  cases  in  which  the  victim  (or,  in  some  trafficking  cases,  an 
overseas  women's  group)  was  willing  and  able  to  contact  Animus. 

Currently  the  law  exempts  from  state  prosecution  certain  types  of  assault  if  com- 
mitted by  a  family  member,  and  the  Government  does  not  assist  in  prosecuting 
crimes  of  domestic  assault  unless  the  woman  has  been  killed  or  permanently  in- 
jured. The  courts  prosecute  rape,  although  it  remains  an  underreported  crime  be- 
cause some  stigma  still  attaches  to  the  victim.  The  maximum  sentence  for  rape  is 
8  years;  convicted  offenders  often  receive  a  lesser  sentence  or  early  parole.  Ministry 
of  Interior  figures  reveal  that  from  January  through  April,  14  women  were  mur- 
dered, 14  were  victims  of  attempted  murder,  53  suffered  serious  injuries,  119  were 
reported  raped,  and  16  were  reported  as  victims  of  attempted  rape.  Marital  rape  is 
a  crime  but  is  rarely  prosecuted.  Courts  and  prosecutors  tend  to  view  domestic 


1019 

abuse  as  a  family  rather  than  a  criminal  problem,  and  in  most  cases  victims  of  do- 
mestic violence  take  reftige  with  family  or  friends  rather  than  approach  the  authori- 
ties. No  government  agencies  provide  shelter  or  counseling  for  such  persons,  al- 
though there  is  a  private  initiative  to  address  the  problem. 

In  1997  the  Government  for  the  first  time  enacted  a  law  against  trafficking  in 
women.  Several  cases  of  trafficking  in  women  were  uncovered  between  May  1996 
and  Sieptember  1997.  The  AA  reports  that,  according  to  foreigri  women's  organiza- 
tions, Bulgarian  women  comprise  the  fourth  largest  group  of  victims  of  forced  pros- 
titution in  Western  and  Central  Europe.  Typically,  the  women  are  lured  away  with 
offers  of  overseas  jobs  as  nannies,  waitresses,  dancers,  shop  assistants,  or  fruit-pick- 
ers and  are  surprised  to  discover  that  virtual  indentured  servitude  in  prostitution 
awaits  them.  The  AA  also  reports  that  the  most  common  destination  for  such 
women  is  Cyprus,  but  that  Greece,  Turkey,  Italy,  Germany,  Poland,  Belgium,  the 
Netherlands,  the  Czech  Republic,  and  Macedonia  have  all  been  used  either  for  the 
transit  or  "sale"  of  victims.  One  victim  alleged  that  the  police  were  involved  in  traf- 
ficking her  in  the  town  of  Petrich,  although  this  report  has  not  been  confirmed. 
Women  have  reportedly  been  lured  into  Bulgaria  from  the  former  Soviet  Union  and 
Macedonia,  also  for  forced  prostitution. 

Many  of  the  approximately  30  women's  organizations  are  closely  associated  with 
political  parties  or  have  primarily  professional  agendas.  Some  observers  believe  that 
women's  organizations  tend  to  be  associated  with  political  parties  or  professional 
groups  because  feminism  in  itself  has  negative  connotations  in  Bulgarian  society.  Of 
those  that  exist  mainly  to  defend  women's  interests,  the  two  largest  are  the  Wom- 
en's Democratic  Union  in  Bulgaria,  heir  to  the  group  that  existed  under  the  Com- 
munist dictatorship,  and  the  Bulgarian  Women's  Association,  which  disappeared 
under  communism  but  has  now  reemerged  and  has  chapters  in  a  number  oi  cities. 

The  Constitution  forbids  privileges  or  restrictions  of  rights  on  the  basis  of  sex. 
However,  women  face  discrimination  both  in  terms  of  recruitment  and  the  likelihood 
of  layoffs.  Official  figures  show  the  rate  of  unemployment  for  women  to  be  hirfier 
than  that  for  men.  Women  are  much  more  likely  than  men  to  be  employed  in  low- 
wage  jobs  requiring  little  education,  although  statistics  show  that  women  are  equal- 
ly Ukely  to  attend  university.  Women,  in  the  main,  continue  to  have  primary  respon- 
sibility for  child  rearing  and  housekeeping  even  if  they  are  employed  outside  the 
home.  There  are  liberal  provisions  for  paid  maternity  leave. 

Children. — The  Government  is  generally  committed  to  protecting  children's  wel- 
fare but,  with  limited  resources,  falls  short  in  several  areas.  It  maintains,  for  exam- 
ple, a  sizable  network  of  orphanages  throughout  the  country.  However,  many  are 
in  disrepair  and  lack  proper  facilities.  Government  efforts  in  education  and  health 
have  been  constrained  by  serious  budgetary  limitations  and  by  outmoded  social  care 
structures.  The  Constitution  provides  for  mandatory  school  attendance  until  the  age 
of  16.  Groups  that  exist  to  defend  the  rights  of  children  charge  that  an  increasing 
number  of  cnildren  are  at  serious  risk  as  social  insurance  payments  fall  further  be- 
hind inflation  and  are  often  disbursed  as  much  as  6  months  late;  this  situation  was 
compounded  in  the  early  months  of  the  year  when  the  Lev  was  losing  value  rapidly. 
The  most  egregious  example  of  neglect  occurred  at  the  Home  for  Mentally  Handi- 
capped Children  in  Djurkovo,  where  seven  children  died  from  malnutrition  and 
hypothermia  in  January  and  February.  According  to  Amnesty  International,  9-year- 
old  Angelina  Atanasova  weighed  7  kilograms  (ISVIz  pounds)  when  she  died  on  Feb- 
ruary 25,  and  18-year-old  Diana  Dechkova  weighed  11  kilograms  (24  pounds)  when 
she  died  2  days  later. 

There  is  apparently  no  provision  for  due  process  of  law  for  Romani  and  other  juve- 
niles when  they  are  detained  in  Labor  Education  Schools  run  by  the  Ministry  of 
Education  (MOE).  Living  conditions  at  these  reform  schools  are  poor,  offering  little 
medical,  educational,  or  social  opportunities.  Generally,  staff  members  at  these  in- 
stitutions lack  the  proper  qualifications  and  training  to  adequately  care  for  the  chil- 
dren. Degrading  and  severe  punishment,  such  as  the  shaving  of  a  child's  head,  re- 
duction in  diet,  severe  beatings,  and  long  periods  of  solitary  confinement,  are  com- 
mon at  the  schools.  In  1996  the  MOE  acknowledged  problems  at  the  schools,  attrib- 
uting the  cause  to  a  lack  of  funding.  In  late  1996,  the  National  Assembly  enacted 
legislation  providing  for  court  review  of  sentencing  to  such  schools  and  addressing 
other  problems  in  the  reform  school  system  (see  Section  I.e.). 

The  vast  majority  of  children  are  free  from  societal  abuse,  although  some  Romani 
children  are  frequent  targets  of  skinhead  groups;  homeless  or  abandoned  children 
were  particularly  vulnerable.  Some  Romani  minors  were  forced  into  prostitution  by 
family  or  community  members.  Little  police  effort  was  expended  to  address  these 
problems.  New  legislation  calls  for  the  establishment  of  shelters  for  homeless  chil- 
dren. 


1020 

People  With  Disabilities. — Disabled  persons  receive  a  range  of  financial  assistance, 
incluoing  free  public  transportation,  reduced  prices  on  modified  automobiles,  and 
free  equipment  such  as  wheelchairs.  However,  as  in  other  areas,  budgetary  con- 
straints mean  that  such  payments  have  fallen  behind.  Disabled  individuals  have  ac- 
cess to  university  training  and  to  housing  and  employment,  although  no  special  pro- 
grams are  in  place  to  allow  them  to  live  up  to  their  fiall  employment  potential.  To 
date  little  effort  has  been  made  at  the  national  level  to  change  building  or  street 
layouts  to  help  blind  or  otherwise  physically  disabled  persons.  A  pilot  project  for 
minibus  transportation  of  people  with  disabilities  began  operation  in  December  in 
six  major  cities. 

In  1995  the  National  Assembly  passed  legislation  requiring  the  relevant  ministry 
and  local  governments  to  provide  a  suitable  living  and  architectural  environment  for 
the  disabled  within  3  years.  However,  a  moratorium  on  the  law  continues  until  the 
Ministry  of  Construction  has  completed  issuing  new  construction  standards  that 
more  fully  take  into  account  the  needs  of  the  disabled.  The  Union  of  Disabled  People 
in  Bulgaria  reports  that  minor  improvements  (i.e.,  ramps  in  hospitals)  are  being 
made  on  a  local  level  in  some  areas.  Policies  of  the  Communist  regime,  which  sepa- 
rated mentally  and  physically  disabled  persons,  including  very  young  children,  from 
the  rest  of  society  have  persisted. 

Religious  Minorities. — Discrimination,  harassment,  and  general  public  intolerance 
of  "nontraditional"  religious  minorities  (i.e.,  the  great  majority  of  Protestant  Chris- 
tian religions)  remained  a  problem.  Deep-rooted  suspicion  of  Evangelical  denomina- 
tions among  the  populace  is  widespread  and  pervasive  across  the  political  spectrum. 
Often  cloaked  in  a  veneer  of  "patriotism,"  a  lack  of  tolerance  for  the  religious  beliefs 
of  others  enjoys  significant  popularity,  and  mainstream  public  pressure  for  contain- 
ment of  "foreign  religious  sects"  inevitably  influences  policymakers. 

An  Evangelical  Congress  held  in  May  in  Sofia  was  greeted  with  an  outpouring  of 
hostility.  A  purported  provocative  comment  by  a  visiting  American  pastor  (who  al- 
legedly referred  to  Bulgarians  as  "pagans  ")  triggered  demonstrations  by  clergy  of 
the  Bulgarian  Orthodox  Church,  certain  political  parties.  University  of  Sofia  tneol- 
ogy  students,  and  other  students  who  joined  the  theology  students  in  a  gesture  of 
soUdarity.  Bulgarian  Patriarch  Maxim  referred  to  the  Evangelicals  as  "traitors  of 
faith  and  country."  Orthodox  priests  were  among  the  most  militant  protesters,  en- 
gaging in  disorderly  conduct  that  tried  the  patience  of  riot  police  on  the  scene.  In 
one  instance,  police  were  seen  to  react  quickly  in  defense  of  four  Evangelical  church- 
goers when  mob  behavior  threatened  their  safety.  One  newspaper  ran  a  story  during 
me  Evangelical  Congress  in  which  an  apparently  gratuitous  link  was  made  between 
the  suicide  of  a  15-year-old  boy  and  "the  influence  of  a  sect."  Chief  prosecutor  Ivan 
Tatarchev  later  commented  that  the  May  Evangelical  Congress  "should  have  been 
banned."  The  Internal  Macedonian  Revolutionary  Organization  (a  political  party 
represented  in  the  governing  coalition,  with  two  seats  in  the  National  Assembly) 
also  condemned  Evangelical  groups.  In  the  face  of  this  religious  harassment,  not  a 
single  Bulgarian  politician  spoke  out  in  favor  of  the  right  of  all  citizens  to  worship 
according  to  their  own  beliefs. 

Numerous  articles  in  a  broad  range  of  newspapers  depicted  lurid  and  inaccurate 
pictures  of  the  activities  of  non-Orthodox  religious  groups,  attributing  the  breakup 
of  families  to  the  practices  of  these  groups. 

Groups  denied  registration  such  as  Word  of  Life  and  Jehovah's  Witnesses  faced 
discriminatory  practices  (see  Sections  2.b.  and  2.c.),  as  did  registered  groups  which, 
despite  full  compliance  with  the  law,  were  greeted  with  hostility  by  the  press,  pub- 
lic, and  certain  government  officials.  Mormon  missionaries  reported  numerous  inci- 
dents of  both  official  and  private  harassment,  most  notably  by  customs  officers  (see 
Section  2.c.).  They  were  also  assaulted  on  occasion.  The  police  took  no  action  when 
two  members  of  Jehovah's  Witnesses  were  beaten  in  Petrich  in  May  (see  Section 
2.C.). 

National  / Racial  / Ethnic  Minorities. — Ethnic  Turks  comprise  almost  10  percent  of 
the  population.  Although  estimates  of  the  Romani  population  vary  widely,  several 
experts  put  it  at  about  6  percent.  (Bulgarian  Muslims  or  "Tomaks"  are  a  distinct 
group  of  Slavic  descent,  comprising  2  to  3  percent  of  the  population,  whose  ancestors 
converted  from  Orthodox  Christianity  to  Islam.  Most  are  Muslim,  although  a  num- 
ber have  become  atheists  or  converted  to  Christianity.)  These  are  the  country's  two 
largest  minorities.  There  are  no  restrictions  on  the  speaking  of  Turkish  in  public 
or  the  use  of  non-Slavic  names. 

Voluntary  Turkish-language  classes  in  public  schools,  funded  by  the  Government, 
continued  in  areas  with  significant  Turkish-speaking  populations,  althou^  some  ob- 
servers complained  that  the  Government  was  discouraging  the  optional  language 
classes  in  areas  with  larce  concentrations  of  Bulgarian  Muslims.  According  to  MC5E 
figures,  there  are  844  Turkish  language  teachers  for  64,000  children  who  study 


1021 

Turkish  as  their  mother  tongue.  Some  ethnic  Turkish  leaders,  mainly  in  the  MRF, 
demanded  that  Turkish-language  schooling  be  made  compulsory  in  ethnic  Turkish 
areas,  but  the  Grovemment  has  resisted  this. 

In  the  1992  census  approximately  3.4  percent  of  the  population  identified  itself 
as  Romani.  The  real  figure  is  probably  about  twice  that  hi^h,  since  many  persons 
of  Romani  descent  tentf  to  identify  themselves  to  the  authorities  as  ethnic  Turks  or 
Bulgarians.  Romani  groups  contmued  to  be  divided  among  themselves,  although 
several  groups  had  some  success  presenting  Romani  issues  to  the  Government.  As 
individuals  and  as  an  ethnic  group,  Roma  faced  high  levels  of  discrimination. 

Attacks  by  private  citizens  on  Romani  communities  continued.  On  July  20  in 
Sliven,  four  youths  ranging  in  age  from  12  to  16  beat  a  Roma  woman,  continuing 
to  kick  her  after  she  had  mllen  to  the  ground.  The  woman  died  of  her  injuries  the 
next  day.  When  asked  why  they  committed  such  a  crime,  one  boy  replied  that  he 
wanted  to  kill  her  because  she  was  a  Gypsy.  In  December  the  district  court  at 
Sliven  sentenced  Miroslav  Karapetkov,  age  16,  to  IV2  years  in  prison  and  Hranimir 
Petkov,  age  16,  to  6  months'  imprisonment  on  probation.  Two  01  the  other  attackers, 
both  age  13,  could  not  be  tried,  since  they  were  juvenile  ofTenders. 

On  April  6,  according  to  Human  Rights  Project,  5  Roma  were  beaten  in  front  of 
the  town  hall  in  Sredno  Selo  by  a  crowd  of  approximately  100  persons  after  they 
were  accused  of  stealing  cattle  from  a  nearby  village. 

On  June  1,  three  apparently  drunken  soldiers  violently  harassed  Roma  in  the  vil- 
lage of  Sarantsi.  According  to  witnesses,  they  entered  the  Roma  neighborhood  and 
beat  several  passers-by  while  shooting  at  others.  One  man  was  shot  in  the  stomach 
at  close  range.  The  police  arrested  the  soldier  who  fired  the  weapon,  and  an  inves- 
tigation is  under  way. 

The  investigation  into  the  death  of  Anguel  Ivanov,  who  was  killed  by  seven  teen- 
agers in  Shumen  in  1996  remains  incomplete.  One  of  the  victims  of  an  attack  by 
skinheads  on  three  Roma  in  Samokov  in  1996  filed  charges,  which  were  refused  by 
the  District  Prosecutor's  Office  in  February.  After  an  appeal  by  an  attorney  from 
Human  Rights  Project,  the  case  was  reopened  for  additional  investigation. 

Police  harass,  physically  abuse,  and  arbitrarily  arrest  Romani  street  children  (see 
Sections  I.e.  and  l.d.).  Roma  encounter  difficulties  applying  for  social  benefits,  and 
rural  Roma  are  discouraged  from  claiming  land  to  which  they  are  entitled  under  the 
law  disbanding  agricultural  collectives.  Many  Roma  and  other  observers  made  credi- 
ble allegations  that  the  quality  of  education  offered  to  Romani  children  is  inferior 
to  that  afforded  most  other  students.  The  Government  has  been  largely  unsuccessful 
in  attracting  and  keeping  many  Romani  children  in  school. 

Workplace  discrimination  against  minorities  continued  to  be  a  problem,  especially 
for  Roma.  Employers  justify  such  discrimination  on  the  basis  that  most  Roma  have 
relatively  low  training  and  education.  Supervisory  jobs  are  generally  given  to  ethnic 
Bulgarian  employees,  with  ethnic  Turks,  Bulgarian  Muslims,  and  Roma  among  the 
first  to  be  laid  oft. 

During  compulsory  military  service  most  Roma  (and  Muslims — see  Section  2.c.) 
are  shunted  into  units  where  they  often  perform  commercial,  military  construction, 
or  maintenance  work  rather  than  serve  in  normal  military  units.  The  MRF  pro- 
tested this  practice,  as  did  human  rights  groups  and  labor  observers  who  cited  it 
as  a  violation  of  International  Labor  Organization  (ILO)  accords.  There  are  only  a 
few  ethnic  Turicish  and  Romani  officers  in  the  military,  and  reportedly  only  one 
high-ranking  Muslim  officer. 

Thousands  of  Bulgarians,  mainly  in  the  southwest,  identify  themselves  as  Mac- 
edonians, most  for  historical  and  geographic  reasons.  Members  of  the  two  organiza- 
tions that  purport  to  defend  their  interests,  Omo-Ilinden  and  Tmo-Ilinden,  are  be- 
lieved to  number  in  the  hundreds  (see  Section  2.b.). 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  1991  Constitution  provides  for  the  right  of  all 
workers  to  form  or  join  trade  unions  of  their  own  choice,  and  this  right  was  appar- 
ently freely  exercised.  Estimates  of  the  unionized  share  of  the  work  force  range  from 
30  to  50  percent.  This  share  continues  to  shrink  as  large  firms  lay  ofT  workers,  and 
most  new  positions  appear  in  small,  nonunionized  businesses. 

There  are  two  large  trade  union  confederations,  the  Confederation  of  Independent 
Trade  Unions  of  Bulgaria  (CITUB),  and  Podkrepa.  CITUB,  the  successor  to  the 
trade  union  controlled  bv  the  former  Communist  regime,  operates  as  an  independent 
entity.  Podkrepa,  an  independent  confederation  created  in  1989,  was  one  of  the  ear- 
liest opposition  forces  but  is  no  longer  a  member  of  the  Union  of  Democratic  Forces, 
formerly  the  main  opposition  party  and  now  in  (jovemment.  In  1995  a  third  trade 
union  confederation,  the  Community  of  Free  Union  Organizations  in  Biilgaria 
(CFOUB),  was  admitted  to  the  National  Tripartite  Coordination  Council  (NTCC), 


1022 

which  includes  employers  and  the  Government  (see  Section  6.b.).  In  1996  a  new  self- 
described  labor  union/civic  organization  called  "Promyana"  (Bulgarian  for  "change  ") 
was  founded  with  the  explicit  goal  of  removing  the  Bulgarian  Socialist  Party  from 

Power  via  early  elections.  Although  never  omcially  registered  as  a  labor  union, 
romyana  attracted  members  of  various  professions  and  trades  to  its  ranks  and  par- 
ticipated visibly  in  the  January  and  early  February  demonstrations. 

"rtie  1992  Labor  Code  recognizes  the  right  to  strike  when  other  means  of  conflict 
resolution  have  been  exhausted,  but  "political  strikes"  are  forbidden.  This  prohibi- 
tion was  widely  ignored  in  January  and  early  February  when  workers  across  the 
country  from  a  variety  of  industries  joined  with  students  and  then-opposition  politi- 
cal parties  in  massive  general  strikes  that  brought  much  of  the  country's  economic 
activity  to  a  halt.  The  strikes  ended  when  agreement  was  reached  on  February  4 
to  hola  early  parliamentary  elections  in  April. 

Workers  in  essential  services  are  prohibited  from  striking,  but  a  conmion  practice 
of  such  workers  is  to  hold  an  "effective  strike"  in  which  they  stop  or  slow  tneir  ac- 
tivities for  an  hour  or  two.  This  practice  was  employed  repeatedly  in  the  politically 
motivated  popular  unrest  in  January  and  early  February. 

No  evidence  emerged  that  the  Government  interfered  with  the  right  to  strike,  and 
several  work  stoppages  took  place.  The  Labor  Code's  prohibitions  against  antiunion 
discrimination  include  a  6-month  period  of  protection  against  dismissal  as  a  form 
of  retribution.  While  these  provisions  appear  to  be  within  international  norms,  there 
is  no  mechanism  other  than  the  courts  for  resolving  complaints,  and  the  burden  of 
proof  in  such  a  case  rests  entirely  on  the  employee. 

No  restrictions  exist  on  affiliation  or  contact  with  international  labor  organiza- 
tions, and  unions  actively  exercise  this  right. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Code  institutes 
collective  bargaining,  which  is  practiced  nationally  and  on  a  local  level.  The  legal 
prohibition  against  striking  for  Key  public  sector  employees  weakens  their  bargain- 
ing position;  however,  these  groups  were  able  to  influence  negotiations  by  staging 
protests  and  engaging  in  other  pressure  activities  without  going  on  strike.  Both 
CrrUB  and  Podkrepa  complainea  that  while  the  legal  structure  for  collective  bar- 
gaining was  adequate,  many  employers  failed  to  bargain  in  good  faith  or  adhere  to 
agreements  reached.  Labor  observers  viewed  the  (jovemment  s  enforcement  of  labor 
contracts  as  inadequate. 

There  were  several  instances  in  which  an  employer  was  found  guilty  of  antiunion 
discrimination,  but  the  employers  appealed  the  decisions.  The  backlog  of  cases  in 
the  legal  system  delayed  further  action,  effectively  postponing,  perhaps  indefinitely, 
the  redress  of  workers'  grievances. 

The  same  obligation  of  collective  bargaining  and  adherence  to  labor  standards 
prevails  in  the  export  processing  zones,  and  unions  may  organize  workers  in  these 
areas. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor,  including  that  performed  by  children.  Many  observers  argued 
that  the  practice  of  shunting  minority  and  conscientious-objector  military  drailees 
into  worii  units  that  often  carry  out  commercial  construction  and  maintenance 
projects  is  a  form  of  compulsory  labor  (see  Section  5).  The  Bulgarian  Helsinki  Com- 
mittee (BHC)  reported  in  December  that  the  Slavovitsa  Labor  Educational  School 
employs  forced  child  labor  to  produce  articles  sold  in  domestic  and  international 
maiiets.  According  to  the  report,  minors  are  used  as  prison  laborers  for  agricultural 
and  industrial  tasks  as  well.  The  BHC  claims  that  forced  labor  by  underage  detain- 
ees occurs  in  many  "Labor  Educational  Schools,"  but  cites  Slavovitsa  as  the  most 
egregious  offender. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The 
Labor  Code  sets  the  minimum  age  for  employment  at  16  years;  the  minimum  age 
for  dangerous  work  is  set  at  18  years.  Since  children  are  not  legally  permitted  to 
work,  and  the  Constitution  forbids  forced  or  compulsory  labor  lor  all,  forced  and 
bonded  labor  by  children  is  also  forbidden  by  law.  However,  reports  of  such  practices 
emerged  during  the  year  (see  Section  6.c.).  Employers  and  the  Ministry  of  Labor  and 
Social  Welfare  (MLSW)  are  responsible  for  enforcing  these  provisions.  Child  labor 
laws  are  enforced  well  in  the  formal  sector,  but  at  least  one  child  protection  group 
believes  that  children  are  increasingly  exploited  in  certain  industries  (especially 
small  family-owned  shops,  construction,  and  periodical  sales)  and  by  organized 
crime  (notably  for  prostitution  and  distribution  of  narcotics).  No  reliable  data  are 
currently  available  lor  the  informal  sector.  According  to  the  ILO,  to  date  no  violators 
of  child  labor  laws  have  been  fined  or  imprisoned.  Underage  employment  in  the  in- 
formal and  agricultural  sectors  is  increasing  as  collective  farms  are  broken  up  and 
the  private  sector  continues  to  grow.  In  addition,  children  are  known  to  work  on 
family-owned  tobacco  farms. 


1023 

e.  Acceptable  Conditions  of  Work. — The  national  monthly  minimum  wage  at  the 
close  of  tne  year  was  approximately  $25  (45,500  Leva).  The  minimum  wage  is  not 
enough  to  provide  a  wage  earner  and  family  with  a  decent  standard  of  living.  Non- 
payment of  wages  and  wage  payments  in  arrears  increased  as  many  firms  reg- 
istered increasing  losses  in  the  opening  weeks  of  1997  during  the  worst  days  of  the 
economic  crisis.  Twelve  state-owned  plants  reportedly  paid  no  wages  at  all  in  the 
second  quarter.  The  extremely  high  inflation  (and  accompanying  devaluation  of  the 
Lev)  prevailing  at  that  time  further  eroded  the  value  of  delayed  salary  payments. 
The  Constitution  stipulates  the  right  to  social  security  and  welfare  aid  assistance 
for  the  temporarily  unemployed,  although  in  practice  such  assistance  is  often  either 
late  or  not  paid. 

The  Labor  Code  provides  for  a  standard  workweek  of  40  hours  with  at  least  one 
24-hour  rest  period  per  week.  The  MLSW  is  responsible  for  enforcing  both  the  mini- 
mum wage  and  the  standard  workweek.  Enforcement  has  been  generally  effective 
in  the  state  sector  but  is  weaker  in  the  emerging  private  sector. 

A  national  labor  safety  program  exists,  with  standards  established  by  the  Labor 
Code.  The  Constitution  stipulates  that  employees  are  entitled  to  healthy  and  non- 
hazardous  working  conditions.  The  MLSW  is  responsible  for  enforcing  these  provi- 
sions. Under  the  Labor  Code,  employees  have  the  right  to  remove  themselves  from 
work  situations  that  present  a  serious  or  immediate  danger  to  life  or  health  without 
jeopardizing  their  continued  employment.  In  practice  a  refusal  to  work  in  situations 
witn  relatively  high  accident  rates  or  associated  chronic  health  problems  would  re- 
sult in  the  loss  of  employment  for  many  workers.  Conditions  in  many  cases  are 
worsening  due  to  budget  stringencies  and  a  growing  private  sector  that  labor  inspec- 
tors do  not  yet  supervise  effectively.  Protective  clothing  is  often  absent  from  hazard- 
ous areas  (goggles  for  welders,  helmets  for  construction  workers,  etc.)  since  employ- 
ers often  imply  that  payment  for  such  measures  would  have  to  be  deducted  from 
the  overall  budget  used  to  pay  workers'  wages.  Although  the  prestige  of  organized 
labor  rose  with  the  ultimate  success  of  the  popular  general  strikes  early  in  the  year, 
the  overall  well-being  of  workers  deteriorated  in  1997.  The  pervasive  economic  crisis 
and  imminent,  long-overdue  privatizations  have  created  a  heightened  fear  of  unem- 
ployment, leading  to  a  reluctance  on  the  part  of  workers  to  pursue  wage  and  safety 
demands. 

On  September  1,  the  country  suffered  its  worst  mining  disaster  when  seven  min- 
ers were  killed  and  many  more  were  injured  in  an  accident  at  the  Bobov  Dol  pits 
(three  more  miners  later  died  of  their  injuries).  An  investigation  revealed  that  neg- 
ligence due  to  a  lack  of  proper  safety  precautions  was  responsible  for  the  disaster. 


CANADA 

Canada  is  a  constitutional  monarchy  with  a  federal  parliamentary  form  of  govern- 
ment and  an  independent  judiciary.  Citizens  periodically  choose  their  representa- 
tives in  free  and  fair  multiparty  elections. 

Elected  civilian  officials  control  the  federal,  provincial,  and  municipal  police 
forces.  The  armed  forces  have  no  role  in  domestic  law  enforcement  except  in  na- 
tional emergencies.  Laws  requiring  the  security  forces  to  respect  human  rights  are 
strictly  observed,  and  violators  are  punished  by  the  courts. 

Canada  has  a  highly  developed,  market-based  economic  system.  Laws  extensively 
protect  the  well-being  of  workers  and  provide  for  workers'  freedom  of  association. 

The  Government  generally  respected  the  human  rights  of  its  citizens.  However, 
there  were  occasional  complaints  in  some  areas,  primarily  regarding  discrimination 
against  aboriginals,  the  disabled,  and  women.  The  Constitution  and  laws  provide 
avenues  for  legal  redress  of  such  complaints.  The  (Government  took  serious  steps  to 
address  violence  against  women,  including  the  strengthening  of  antistalking  laws. 

RESPECT  EOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

The  controversy  over  the  1995  shooting  death  of  an  aboriginal  activist  at 
Ipperwash,  Ontario  continues.  In  April  an  Ontario  provincial  police  officer  was 
found  guilty  of  criminal  negligence  causing  death  in  the  shooting  and  was  sentenced 
to  2  years'  community  service  under  the  supervision  of  a  parole  officer  (see  Section 
5). 


1024 

In  July  a  civilian  commission  reported  on  its  inquiry  into  allegations  of  abuses 
by  troops  deployed  as  part  of  the  1993  peacekeeping  mission  in  Somalia.  The  com- 
mission reported  evidence  of  an  attempted  cover-up  of  the  shooting  of  two  Somali 
civilians,  one  of  whom  died.  One  soldier  was  convicted  of  manslaughter  and  torture 
and  sentenced  to  5  years  in  prison,  of  which  he  served  approximately  18  months. 
A  second  soldier  was  found  guilty  of  negligence  in  the  periormance  of  his  duty  and 
sentenced  to  90  days  in  prison.  In  addition,  the  careers  of  several  senior  officers 
were  ruined. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  such  practices,  and  the  Government  observes  the  prohibition  in 
practice. 

Prison  conditions  generally  meet  minimum  international  standards,  and  the  Gov- 
ernment permits  visits  by  human  rights  monitors. 

As  a  result  of  an  inquiry  into  a  1994  incident  at  the  women's  prison  at  Kingston, 
Ontario,  the  federal  government  took  steps  to  protect  the  privacy  of  female  pris- 
oners, including  the  appointment  of  a  deputy  commissioner  of  women's  corrections 
and  changing  the  policy  for  strip  searches  to  ensure  that  no  men  are  present  at 
searches  of  female  inmates. 

Although  conditions  at  Toronto's  Don  iail  have  improved,  inmates  continues  to 
complain  of  overcrowding,  inadequate  facilities,  and  inhuman  conditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest,  deten- 
tion, or  exile,  and  the  Government  observes  these  prohibitions. 

e.  Denial  of  Fair  Public  Trial. — The  law  provides  for  an  independent  judiciary, 
and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides  citi- 
zens with  a  fair  and  efficient  judicial  process  and  vigorously  enforces  the  right  to 
a  fair  trial. 

The  court  system  is  divided  into  federal  and  provincial  courts,  which  handle  both 
civil  and  criminal  matters.  The  highest  federal  court  is  the  Supreme  Court,  which 
exercises  general  appellate  jurisdiction  and  advises  on  constitutional  matters.  The 
judicial  system  is  based  on  English  common  law  at  the  federal  level  as  well  as  in 
most  provinces;  in  the  province  of  Quebec,  it  is  based  on  the  Napoleonic  Code. 
Throughout  Canada  judges  are  appointed.  In  criminal  trials,  the  law  provides  for 
a  presumption  of  innocence  and  the  right  to  a  public  trial,  to  counsel  (free  for 
indigents),  and  to  appeal. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The  law 
generally  prohibits  such  practices,  government  authorities  scrupulously  respect 
these  prohioitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  freedom  of  speech  and  of 
the  press,  and  the  Government  respects  these  rights  in  practice.  An  independent 
press,  an  effective  judiciary,  and  a  functioning  democratic  political  system  combine 
to  ensure  freedom  of  speech  and  of  the  press,  including  academic  freedom. 

Journalists  are  occasionally  banned  from  reporting  some  specific  details  of  court 
cases  until  a  trial  is  concluded,  and  these  restrictions,  adopted  to  ensure  the  defend- 
ant's right  to  a  fair  trial,  enjoy  wide  popular  support.  Some  restrictions  on  the 
media  are  imposed  by  provincial-level  film  censorship,  broadcasters'  voluntary  codes 
curbing  graphic  violence,  and  laws  against  hate  literature  and  pornography.  The  Ca- 
nadian Human  Rights  Act  prohibits  repeated  communications  by  telephone  that  ex- 
pose a  person  or  group  to  natred  or  contempt.  Human  rights  groups  are  exploring 
the  possibility  of  extending  this  prohibition  to  the  Internet. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees  and  extends  first 
asylum.  There  were  no  reports  of  forced  expulsion  of  those  having  a  valid  claim  to 
refugee  status.  Canada  is  a  resettlement  country,  and  the  Government  projected 
granting  22,600  claims  for  refugee  status  for  1997  (as  of  September  1). 

In  1997  mostly  in  August  and  September,  almost  1,000  Czech  Roma  claimed  refu- 
gee status  in  Canada.  Most  of  the  refugees  are  awaiting  adjudication  of  their  claims 
to  asylum.  In  the  wake  of  the  huge  influx,  the  Government  reimposed  visa  require- 


1025 

ments  for  citizens  of  the  Czech  RepubHc  but  has  not  forcibly  deported  any  of  the 
asylum  claimants. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage. 

A  significant  body  of  opinion  in  the  province  of  Quebec,  represented  by  the  party 
that  governed  the  province  throughout  1997,  continues  to  maintain  that  Quebec  has 
the  nght  to  withdraw  from  the  confederation  if  that  proves  to  be  the  democratically 
expressed  will  of  the  people  of  Quebec,  and  that  it  is  only  Quebeckers  who  have  the 
right  to  make  this  decision.  The  federal  Government  has  maintained  that  the  deci- 
sion of  a  province  to  separate  and  the  conditions  under  which  this  may  be  accom- 
plished are  the  shared  responsibility  of  the  Federal  Government,  the  governments 
of  all  the  provinces,  and  all  the  nation's  citizens. 

A  case  is  pending  before  the  Supreme  Court  in  which  the  Court  was  asked  to  de- 
cide whether  Quebec  has  a  right  to  secede  from  Canada  unilaterally  under  inter- 
national and  Canadian  law. 

Women  play  a  significant  role  in  government  and  politics,  although  they  are 
underrepresented  numerically.  In  the  new  Parliament  elected  in  June,  63  of  301 
members  in  the  House  of  Commons  are  women.  Five  women  were  appointed  to  the 
new  30-person  Cabinet. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  wide  variety  of  human  rights  groups  operate  without  government  restriction, 
investigating  and  publishing  their  findings  on  human  rights  cases.  Government  ofli- 
cials  are  very  cooperative  and  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Charter  of  Rights  and  Freedoms  provides  for  equal  benefits  and  protection 
of  the  law  regardless  of  race,  national  or  ethnic  origin,  color,  religion,  sex,  age,  sex- 
ual orientation,  or  mental  or  physical  disability.  These  rights  are  generally  re- 
spected in  practice,  but  there  are  occasional  charges  of  discrimination  in  this  multi- 
cultural society. 

Affirmative  action  (employment  equity)  legislation  is  a  topic  of  some  national  and 
provincial  debate.  Federal  employment  equity  legislation  was  passed  by  Parliament 
in  1995,  but  the  Ministry  of  Labor  is  still  consulting  on  the  regulations  required  by 
the  act,  and  it  has  not  yet  entered  into  force.  The  legislation  is  designed  to  strength- 
en employment  equity  provisions  for  employees  under  federal  jurisdiction. 

Women. — The  law  prohibits  violence  against  women,  including  spousal  abuse.  The 
health  and  economic  costs  of  violence  against  women  have  been  calculated  at  $3.15 
billion  (Can  $4.2  billion)  annually.  Nevertheless,  according  to  Statistics  Canada,  3 
in  10  women  currently  or  previously  married  or  living  in  a  common-law  relationship 
have  experienced  at  least  1  incident  of  physical  or  sexual  violence. 

The  Criminal  Code  prohibits  criminal  harassment  (stalking)  and  makes  it  punish- 
able by  imprisonment  for  up  to  5  years.  In  May  a  law  came  into  force  that  strength- 
ens criminal  harassment  (stalking)  provisions.  The  new  law  also  prohibits  female 
genital  mutilation  and  improves  the  tools  available  to  the  criminal  justice  system 
to  deal  with  and  prevent  child  prostitution. 

Women  are  well  represented  in  the  labor  force,  including  business  and  the  profes- 
sions. The  law  prohibits  sexual  harassment,  and  the  Government  enforces  this  pro- 
vision. 

Women  enjoy  marriage  and  property  rights  equal  to  those  of  men.  Over  85  percent 
of  single  parent  households  are  headed  hy  women.  Child  support  reforms  in  1996 
and  1997  include:  amendments  to  the  income  tax  act  to  eliminate  child  support  from 
the  custodial  parent's  taxable  income  and  the  tax  deduction  available  to  payers  of 
child  support;  amendments  to  the  divorce  act  to  establish  fairer  and  more  consistent 
child  support  payments;  new  measures  to  strengthen  enforcement;  and  an  enhanced 
income  supplement  for  lower-income  families. 

Children. — The  Government  demonstrates  its  strong  commitment  to  children's 
rights  and  welfare  through  its  well-funded  systems  of  public  education  and  medical 
care.  Federal  and  provincial  regulations  protect  children  from  abuse,  overwork,  and 
discrimination  and  duly  penalize  perpetrators  of  such  offenses.  There  is  no  societal 
pattern  of  abuse  of  children. 

People  With  Disabilities. — There  is  no  discrimination  against  disabled  persons  in 
employment,  education,  or  in  the  provision  of  other  state  services.  However,  disabled 


1026 

f)er8on8  are  underrepresented  in  the  work  force:  they  make  up  2.6  percent  of  the 
ederally  regulated  private  sector  work  force,  but  those  capable  of  working  total  6.5 
percent  of  the  population.  The  law  mandates  access  to  buildings  for  people  with  dis- 
abilities, and  for  the  most  part  the  Government  enforces  these  provisions. 

In  October  the  Supreme  Court,  in  a  case  involving  a  deaf  patient  who  had  been 
denied  sign-language  interpretation,  ruled  that  people  with  disabilities  must  be  ac- 
commodated where  it  would  not  constitute  an  undue  hardship  to  do  so. 

Indigenous  People. — The  treatment  of  Canada's  aboriginal  people  continued  to  be 
one  of  the  most  important  human  rights  issues  facing  the  country.  Disputes  over 
land  claims,  self-government,  treaty  rights,  taxation,  duty-free  imports,  fishing  and 
hunting  rights,  and  alleged  harassment  by  police  continued  to  be  sources  of  tension 
on  reserves.  Aboriginal  people  remain  underrepresented  in  the  work  force,  over- 
represented  on  welfare  rolls,  and  more  susceptible  to  suicide  and  poverty  than  other 
population  groups. 

In  April  on  the  15th  anniversary  of  the  patriation  of  the  Constitution,  aboriginal 
groups  staged  a  national  Day  of  Action,  including  demonstrations  at  the  Prime  Min- 
ister's residence  and  Parliament  Hill,  prayer  vigils,  and  other  demonstrations.  The 
goal  of  the  demonstrations  was  to  focus  attention  on  aboriginal  rights  under  the 
Constitution  and  the  promise  made  at  the  time  of  patriation  to  define  these  rights 
through  First  Ministers  meetings  with  aboriginal  groups.  The  demonstrations  were 
laroely  peaceful. 

m  November  1996,  the  Royal  Commission  on  Aboriginal  Peoples  released  its  final 
report,  proposing  a  20-year  strategy  for  rebuilding  First  Nations  through  restoring 
aboriginal  communities  and  restructuring  their  relationship  with  the  government. 
The  Federal  Gk)vernment  is  continuing  to  study  the  recommendations  of  the  report 
and  has  yet  to  issue  its  ofiicial  response. 

Treaty  rights  for  aboriginals  are  recognized  in  the  Canadian  Constitution,  and  the 
Federal  Government  is  currently  engaged  in  discussions  with  aboriginal  groups  on 
various  treaty  issues. 

The  Federal  Government  continues  to  be  involved  in  self-  government  negotiations 
with  over  350  first  nations,  although  no  significant  settlements  were  reached  during 
the  year. 

There  were  several  violent  deaths  on  the  Stoney  reserve  west  of  Calgary  amid 
charges  of  corruption  and  mismanagement.  Six  young  aboriginals  died  (including  by 
suicide,  drug  overdoses,  and  an  alleged  murder)  since  June  26,  when  provincial 
court  Judge  John  Reilly  ordered  a  Crown  investigation  into  social  conditions,  allega- 
tions of  political  corruption,  and  financial  mismanagement.  A  soventh  death  (attrib- 
uted to  prescription-drug  overdose)  occurred  on  September  26. 

Concern  also  emerged  that  federal  authorities  have  been  slow  to  respond  to  com- 
plaints that  range  from  political  and  financial  corruption  on  the  reserve  to  alleged 
sexual  assaults.  Indian  Affairs  officials  had  been  warned  in  a  January  letter  of  a 
"major  crisis"  in  social  services  (at  least  four  staff  members  from  the  Stoney  band's 
social  services  department  collected  welfare  while  also  receiving  paychecks),  but  fed- 
eral authorities  did  not  advise  the  Royal  Canadian  Mounted  Police  until  8  months 
later.  Federal  Indian  Affairs  Minister  Jane  Stewart  has  ordered  an  internal  inves- 
tigation. Health  Canada  had  already  suspended  funding  for  a  treatment  center  on 
the  Stoney  reserve,  pending  investigation  of  alleged  sexual  assaults  on  young  cli- 
ents. Other  allegations  of  child  sexual  assault  include  recent  charges  against  a 
school  bus  driver,  charges  that  a  former  Stoney  educational  authority  said  he 
warned  Indian  Affairs  about  more  than  a  year  ago. 

The  controversy  over  the  1995  shooting  death  of  an  aboriginal  activist  at 
Ipperwash,  Ontario  continues.  In  April  an  Ontario  provincial  police  officer  was 
found  guilty  of  criminal  negligence  causing  death  in  the  shooting  and  sentenced  to 
2  years'  community  service.  The  relatively  light  sentence  and  other  aspects  of  the 
incident,  including  the  role  of  provincial  olTicials  before  and  during  the  confrontation 
between  police  and  Indian  protesters,  are  the  subject  of  ongoing  controversy  and 
court  cases.  The  Indians  still  control  Ipperwash  provincial  park,  which  they  claim 
is  on  sacred  burial  ground. 

Quebec's  Indian  peoples  remain  overwhelmingly  opposed  to  separation  from  Can- 
ada and  deeply  distrust  the  separatist  government  oi  the  province.  Despite  the  Que- 
bec Prime  Minister's  recent  overtures  to  the  leaders  of  the  Cree  and  Inuit  nations, 
surveys  indicate  that  most  of  Quebec's  60,000  Indians  would  favor  partition  of  the 
province  in  the  event  of  Quebec's  separation  from  Canada.  Indian  leaders  maintain 
that  a  sovereign  Quebec  would  treat  Indians  simply  as  another  ethnic  minority  in- 
stead of  as  sovereign  nations  within  the  territory  of  the  province.  They  point  out 
that  Quebec  maintained  in  court  this  year  that  aboriginal  title  to  land  in  the  prov- 
ince was  extinguished  during  the  French  colonial  regime  and  no  longer  applies. 


1027 

Distrust  of  the  Quebec  provincial  government  was  recently  highlighted  by  a  pro- 
posal by  Hydro-Quebec,  the  electrical  utility  owned  by  the  province,  to  settle  some 
700  non-Indian  families  in  the  James  Bay  area  as  part  of  a  plan  to  increase  elec- 
trical generating  capacity.  Calling  this  "ethnic  occupation"  of  their  traditional  lands, 
the  Indians  maintain  that  this  proposal  is  a  blatant  attempt  by  the  separatist  gov- 
ernment to  "put  a  French  face  on  the  area,  to  counter  a  possible  future  attempt 
at  partition  of  the  province. 

In  November  in  a  decision  based  on  a  235-year-old  treaty,  a  New  Brunswick  court 
ruled  that  aboriginals  have  the  exclusive  right  to  harvest  "any  and  all  trees  they 
wish  on  Crown  land,"  and  that  the  trees  on  Crown  land  "are  Indian  trees."  Some 
legal  observers  note  that  the  decision,  if  upheld  on  appeal,  could  have  repercussions 
throughout  the  country. 

Religious  Minorities. — In  March  the  League  for  Human  Ri^ts  of  B'nai  Brith  in 
Canada  (headquartered  in  Toronto)  reported  that  there  were  244  incidents  of  anti- 
Semitic  harassment  in  1996 — a  decrease  of  26.3  percent  from  1995,  which  had  the 
highest  number  of  incidents  since  documentation  began  in  1982.  The  League  attrib- 
uted the  decline  to  law  enforcement  actions  taken  against  key  hate  movement  lead- 
ers and  to  a  successful,  proactive  antihate  movement  education  program.  The 
League  noted,  however,  that  the  amount  of  anti-Semitic  activity  over  the  Internet 
continues  to  grow. 

National  / Racial  / Ethnic  Minorities. — The  narrow  defeat  of  the  1995  Quebec  sov- 
ereignty referendum  left  unresolved  the  concerns  of  French-speaking  Quebeckers 
about  their  minority  status  in  Canada,  while  sharpening  the  concerns  of  English- 
sp>eaking  Quebeckers  about  their  minority  status. 

The  separatist  Parti  Quebecois  provincial  government  of  Quebec  reiterated  its  in- 
tent, if  reelected  in  1998  or  1999,  to  hold  another  sovereignty  referendum  about  the 
year  2000  and  reasserted  the  right  of  Quebec  voters  to  determine  the  future  of  the 
province.  It  charged  the  federal  Government  with  charting  an  undemocratic  course 
by  signaling  that  it  would  treat  a  third  Quebec  sovereignty  referendum  differently 
than  it  treated  the  first  two  in  1980  and  1995. 

Some  English-speaking  and  native  groups  in  Quebec  assert  the  right  to  keep  parts 
of  Quebec  in  Canada  in  the  event  Quebec  declares  independence.  Despite  personal 
meetings  and  other  overtures  by  Quebec's  F*rime  Minister  to  Indians  and  the  Eng- 
lish-speaking community,  both  groups  remain  distrustful  of  the  separatist  Govern- 
ment of  Quebec.  Many  members  of  these  communities  fear  that  their  ri^ts  would 
be  infringed  by  a  sovereign  Quebec. 

The  Constitution  protects  the  linguistic  and  cultural  ri^ts  of  minorities.  Despite 
Canada's  federal  policy  of  bilingualism,  English  speakers  in  Quebec  and  French 
speakers  in  other  parts  of  Canada  generally  must  live  and  work  in  the  language 
of  the  majority. 

In  Quebec  language  laws  restrict  access  to  English-language  publicly-funded 
schools  through  grade  11  to  children  whose  parents  were  educated  in  English  in 
Canada  and  to  short-term  residents.  Local  law  stipulates  that  French  is  the  working 
language  of  most  businesses  and  must  be  predominant  in  bilingual  commercial 
signage. 

The  English-speaking  minority  of  Quebec,  comprising  some  16  percent  of  the  pop- 
ulation, has  protested  vociferously  the  closing  of  hospitals  and  other  health  care  fa- 
cilities providing  service  in  English,  as  part  of  a  general  reorganization  and 
downsizing  of  the  health  care  system  in  Queoec.  Members  of  this  minority  maintain 
that  the  cuts  are  part  of  a  continuing  assault  on  their  community's  rights  by  the 
provincial  government.  They  maintain  that  the  bilingual  facilities  that  they  are  now 
required  to  use  are  reluctant  to  post  signs  with  English  language  content  due  to  fear 
of  sanction  by  Quebec's  Office  of  the  French  Language;  they  also  claim  that  they 
are  greeted  coldly  and  grudgingly  when  requesting  services  m  English  at  these  fa- 
cilities, or  meet  with  outright  refusals  by  reception  personnel  to  speak  English,  a 
practice  also  noticed  by  English-speaking  tourists.  Representatives  of  the  English- 
speaking  minority  point  to  recent  statements  bv  members  of  the  health  care  commu- 
nity that  provision  of  services  in  English  conflicts  with  the  right  of  Quebeckers  to 
work  in  the  French  language,  a  right  provided  by  Quebec's  Charter  of  the  French 
Language.  Some  English  speakers  have  expressed  concern  that  access  to  English- 
language  health  care  could  be  further  reduced  by  an  ongoing  provincial  government 
review  of  bilingual  staffing  requirements  in  French-language  hospitals.  On  the  other 
hand,  the  only  French-language  hospital  in  Ontario  was  partially  closed  as  a  result 
of  a  restructuring  of  the  provincial  health  care  system,  raising  concerns  among 
French  speakers  about  access  to  health  care  in  Ontario. 

Pressed  by  some  English  speakers  to  roll  back  the  language  laws,  and  by  some 
French  speakers  to  expand  them,  the  Quebec  provincial  government  reestablished 


1028 

a  French  language  inspection  office  that  had  been  abolished  in  1993,  and  promised 
better  enforcement  of  existing  laws. 

Provinces  outside  of  Quebec  often  lack  adequate  French-language  schooling,  which 
is  of  concern  to  local  Francophones,  although  French-language  schools  and  French 
inmiersion  programs  are  reported  to  be  thriving  in  all  three  prairie  provinces. 

In  October  the  Province  of  Nova  Scotia  and  the  Halifax  school  board  announced 
that  they  would  cooperate  in  implementing  the  75  recommendations  mentioned  in 
an  August  report  on  causes  of  racial  violence  at  2  high  schools  in  the  Cole  Harbor 
area  of  Halifax.  Authorities  originallv  had  hesitated  to  implement  the  suggestions 
but  were  forced  to  act  when  new  violence  erupted  at  the  school  on  October  3.  Par- 
ents and  students  became  involved  in  shoving  and  pushing,  and  a  teacher  was 
struck  in  the  face.  Police  had  to  break  up  the  incident,  but  they  did  not  press  any 
charges.  School  officials  immediately  closed  the  school  and  did  not  fully  reopen  it 
untilOctober  15  with  new  security  measures  in  place  and  a  "zero  tolerance"  policy 
on  disruptive  behavior. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Except  for  members  of  the  armed  forces,  workers  in 
both  the  public  and  private  sectors  have  the  right  to  associate  freely.  The  Labor 
Code  protects  these  rights  for  all  employees  under  federal  jurisdiction,  while  provin- 
cial legislation  protects  all  other  organized  workers. 

Trade  unions  are  independent  of  the  government.  Of  the  civilian  labor  force,  29.5 
percent  is  unionized. 

All  workers  have  the  right  to  strike,  except  for  those  in  the  public  sector  who  pro- 
vide essential  services.  The  law  prohibits  employer  retribution  against  strikers  and 
union  leaders,  and  the  Government  enforces  this  provision.  Postal  workers  staged 
a  nationwide  strike  in  November  over  wages  and  work  rules. 

Unions  are  free  to  afliliate  with  international  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers  in  both  the  public 
(except  for  some  police)  and  the  private  sectors  have  the  right  to  organize  and  bar- 
gain collectively.  While  the  law  protects  collective  bargaining,  for  some  public  sector 
workers  providing  essential  services  there  are  limitations,  which  vary  from  province 
to  province. 

The  law  prohibits  antiunion  discrimination  and  recjuires  employers  to  reinstate 
workers  fired  for  union  activities.  There  are  effective  mechanisms  for  resolving  com- 
plaints and  obtaining  redress. 

In  Ontario  the  provincial  government  introduced  legislation  that  would  bar 
strikes  by  public-sector  employees  during  a  2-year  period.  The  measure  accompanied 
a  substantial  downsizing  by  the  Ontario  government.  Unions  protested  vigorously, 
arguing  that  their  collective  bargaining  rights  would  be  infringed.  The  provincial 
government  subsequently  withdrew  the  legislation.  In  October  teachers  in  the  prov- 
ince staged  a  massive  strike  to  protest  the  provincial  government's  reorganization 
plans  for  the  school  system. 

All  labor  unions  have  full  access  to  mediation,  arbitration,  and  the  judicial  sys- 
tem. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  labor,  including  that  per- 
formed by  children,  is  illegal,  and  there  were  no  known  violations. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Child 
labor  legislation  varies  from  province  to  province.  The  federal  Government  does  not 
employ  youths  under  17  years  of  age  while  school  is  in  session.  Most  provinces  pro- 
hibit children  under  age  15  or  16  from  working  without  parental  consent,  at  night, 
or  in  any  hazardous  employment.  These  prohibitions  are  effectively  enforced 
through  inspections  conducted  by  the  federal  and  provincial  labor  ministries.  Edu- 
cation is  compulsory  through  age  15  nationwide. 

The  Government  prohibits  forced  and  bonded  child  labor  and  enforces  this  prohi- 
bition effectively  (see  section  6.c.). 

e.  Acceptable  Conditions  of  Work. — Standard  work  hours  vary  from  province  to 
province,  but  in  all  the  limit  is  40  or  48  a  week,  with  at  least  24  hours  of  rest. 

In  1996  the  Federal  Government  passed  legislation  to  align  the  federal  minimum 
wage  rates  with  the  provincial/territorial  rates.  Minimum  wage  rates  are  set  in  each 

grovince  and  territory,  currently  ranging  from  $3.57  to  5.00  (Can  $5  to  7)  per  hour, 
•ntario  and  Alberta  nave  a  minimum  wage  rate  for  youths  lower  than  their  respec- 
tive minimums.  In  the  Northwest  Territories  the  minimum  wage  for  youths  is  high- 
er than  the  standard  provincial  minimum  wage  for  adults.  A  family  whose  only  em- 
{)loyed  member  earns  the  minimum  wage  would  be  considered  below  the  poverty 
ine. 


1029 

Federal  law  provides  safety  and  health  standards  for  employees  under  federal  ju- 
risdiction, while  provincial  and  territorial  legislation  provides  for  all  other  employ- 
ees. Federal  and  provincial  labor  departments  monitor  and  enforce  these  standards. 
Federal,  provincial,  and  territorial  laws  protect  the  right  of  workers  with  "reason- 
able cause"  to  refuse  dangerous  work. 


CROATIA 

The  Republic  of  Croatia  is  a  constitutional  parliamentary  democracy  with  a  pow- 
erful presidency.  The  ruling  Croatian  Democratic  Union  (HDZ)  has  maintained 
power  since  independence  in  1991,  using  its  entrenched  majority  position  to  deny 
opposition  parties  the  ability  to  compete  on  fair  and  equal  terms  in  elections.  Presi- 
dent Franjo  Tudjman,  the  HDZ  leader,  was  reelected  in  June  for  a  second  5-year 
term  in  an  election  that  observers  considered  "fundamentally  flawed."  The  President 
serves  as  head  of  state  and  commander  of  the  armed  forces,  chairs  the  influential 
National  Defense  and  Security  Council,  appoints  the  prime  minister  who  leads  the 
government,  and  approves  senior  appointments  in  local  government.  Government  in- 
fluence circumscribes  and  weakens  the  judiciary.  This,  combined  with  the  extensive 
constitutional  powers  of  the  presidency,  the  overwhelming  dominance  of  the  HDZ, 
its  absolute  control  of  television,  and  the  continuing  concentration  of  power  within 
the  one-party  central  government,  makes  Croatia's  nominally  democratic  system  in 
reality  authoritarian. 

The  Ministry  of  Interior  oversees  the  police,  and  the  Ministry  of  Defense  oversees 
the  military.  Civilian  police  have  no  authority  over  the  military  police  or  over  uni- 
formed military  personnel.  The  national  police  have  primary  responsibility  for  inter- 
nal security  but,  in  times  of  disorder,  the  Government  may  call  on  the  army  to  pro- 
vide security.  Both  the  police  and  the  army  are  responsible  for  external  security.  Al- 
though the  civilian  authorities  generally  maintain  effective  control  of  the  profes- 
sional security  forces,  some  members  of  the  police  and  armed  forces  committed 
human  rights  abuses. 

The  economy  is  slowly  changing  to  a  market-based  free  enterprise  system,  and  ag- 
riculture is  mostly  in  private  nands.  Family-owned  small  enterprises  are  multiply- 
ing, but  industry  is  still  largely  state  controlled.  The  Government's  privatization 
program  came  under  increasing  criticism  for  allotting  shares  in  prime  enterprises 
to  tnose  loyal  to  the  ruling  party.  While  the  economy  recovered  somewhat  from  the 
devastation  inflicted  by  the  war  in  1991,  the  standard  of  living  remained  below  pre- 
war levels.  Unemployment  is  high,  and  accusations  of  government  cronyism  were 
common. 

The  Government's  human  rights  record  remained  poor,  although  significant  im- 

f>rovement  was  seen  in  certain  areas.  It  continued  to  allow  serious  abuses,  particu- 
arly  regarding  the  treatment  of  ethnic  Serbs.  The  Government  has  still  not  estab- 
lished adequate  civil  authority  in  the  former  occupied  areas  (the  Krajina  and  West- 
em  Slavonia),  and  the  police  were  unwilling  or  unable  to  take  effective  action 
against  criminal  activity  against  ethnic  Serbs.  Looting  and  threats  were  common. 
Beatings  and  murders  still  occur,  although  less  frequently  than  in  the  past.  The  re- 
sponse by  police  was  often  apathetic,  and  the  Government  made  little  or  no  effort 
to  seek  out,  investigate,  and  punish  those  responsible  for  such  abuses.  Cases  of 
abuse  from  1995,  the  victims  of  which  were  almost  exclusively  ethnic  Serbs,  re- 
mained mostly  unresolved. 

According  to  credible  reports,  the  police  occasionally  beat  persons.  The  Govern- 
ment does  not  always  respect  due  process  provisions  for  arrest  and  detention.  The 
judicial  system  is  subject  to  executive  influence,  and  the  Government  carried  out  a 
purge  of  judges  and  state  attorneys  that  further  called  into  question  the  independ- 
ence of  tne  judiciary.  The  courts  are  burdened  by  a  huge  case  backlog  and  some- 
times deny  citizens  fair  trials. 

While  in  general  the  Constitution  and  laws  provide  for  a  broad  range  of  human 
rights,  in  practice  the  Government  continued  to  implement  the  law  in  a  discrimina- 
tory fashion.  The  Government  infringed  on  press  freedom  and  used  the  courts  and 
administrative  bodies  selectively  to  shut  down  or  restrain  newspapers  and  radio  sta- 
tions that  criticized  the  Government.  Government  intimidation  induced  self-censor- 
ship by  journalists.  The  Government  exercised  provisions  of  the  Criminal  Code  that 
allowed  it  to  prosecute  those  who  insult  high  officials  in  the  press  or  who  make 
statements  which  might  cause  public  instability  (at  times  subjectively  defined  to 
allow  judicial  action  against  opinions  contrary  to  the  ruling  party).  The  right  of  as- 
sociation was  circumscribed  by  a  new  law  in  June.  In  two  sets  of  elections,  the  Gov- 
ernment seriously  infringed  upon  the  right  of  citizens  to  change  their  government 


1030 

freely  by  its  almost  total  control  of  the  electronic  media.  It  also  used  manipulation 
of  laws,  harassment,  and  economic  pressure  to  control  the  political  process. 

Although  significant  progress  was  made  in  the  provision  of  citizenship  documents 
to  ethnic  Serbs  in  Eastern  Slavonia,  the  last  remaining  Serb-held  enclave,  the  Gov- 
ernment refused  to  allow  ethnic  Serbs  who  had  fled  Croatia  during  the  military  con- 
flict in  1995  to  return  or  vote,  effectively  exiling  and  disenfranchising  at  least 
180,000  people.  Military  and  police  forces,  contrary  to  oflicially  stated  government 
policy,  continued  to  carry  out  forced  evictions,  although  fewer  than  in  previous 
years.  Local  oflicials  also  allowed  ethnic  Croat  refugees  from  Bosnia  and 
Herzegovina  and  Serbia-Montenegro  to  dispossess  ethnic  Serb  property  owners.  The 
record  of  cooperation  by  government  authorities  with  international  human  rights 
and  monitoring  organizations  was  mixed.  Violence  and  discrimination  against 
women  remained  problems.  Discrimination  in  the  administration  of  justice,  housing, 
and  jobs  against  ethnic  Serbs  and  against  those  who  were  not  members  of  the  ruling 
party  was  conunon.  Isolated  incidents  of  ethnically  motivated  killings  and  mob  vio- 
lence occurred.  Roma  also  faced  discrimination. 

The  United  Nations  Transitional  Administration  for  Eastern  Slavonia  (UNTAES) 
maintained  executive  authority  for  the  region  through  January  15,  1998,  when  the 
United  Nations  Security  Council  concluded  that  sufficient  progress  toward  re- 
integration had  been  made  and  ended  UNTAES  mandate.  By  August  the  Govern- 
ment had  provided  citizenship  documents  to  over  145,000  ethnic  Serbs  in  the  region, 
a  significant  number  of  whom  were  Croatian  Serbs,  now  refugees  in  the  Federal  Re- 
public of  Yugoslavia  ("FRY")  and  Bosnia  and  Herzegovina,  who  came  across  the  po- 
rous border  with  Yugoslavia  to  apply.  The  Government  issued  employment  contracts 
for  Serbs  working  in  enterprises  and  public  offices  that  were  reintegrated  into  the 
Croatian  system,  thereby  boosting  local  Serbs'  confidence  in  their  fiiture  in  the  re- 
gion. Elections  for  local  governments  and  the  upper  house  of  Parliament  were  held 
in  April  and  presidential  elections  were  held  in  June,  simultaneously  in  the  region 
and  in  the  rest  of  Croatia.  A  significant  number  of  ethnic  Serb  representatives  were 
elected  to  local  government  bodies.  While  police  remained  under  the  control  of 
UNTAES,  they  were  increasingly  brought  into  alignment  with  the  Ministry  of  Inte- 
rior. Following  the  April  elections,  an  ethnic  Serb  assistant  minister  of  interior  was 
appointed.  Most  significantly,  by  September  some  8,000  Croatian  Serbs  had  left 
LWTAES  region  for  their  homes  in  other  parts  of  Croatia,  and  approximately  1,500 
Croats  had  returned  to  their  homes  in  Eastern  Slavonia.  Overall  freedom  oi  move- 
ment into  and  out  of  UNTAES  region  increased  significantly. 

While  senior  government  leaders  were  cooperative,  some  government  officials  and 
local  offices  often  refused  to  carry  out  central  government  directives.  Increased  ac- 
cess to  the  Danubian  region  led  to  a  growing  number  of  incidents  of  harassment  of 
the  ethnic  Serbs  living  in  the  region  by  ethnic  Croats,  although  these  incidents  are 
small  in  number  compared  to  the  large  numbers  of  people  moving  back  and  forth. 
A  significant  number  of  these  incidents  of  harassment  were  carried  out  by  Croatian 
merdbers  of  the  Transitional  Police  Foree  or  local  Croatian  officials.  Ethnic  Croat 
police  officers  at  times  were  biased  in  their  treatment  of  ethnic  Serbs  in  the  region. 

Human  rights  advances  included  the  ratification  in  September  of  the  European 
convention  on  human  rights,  a  notable  acceleration  in  the  return  of  internally  dis- 
placed Serbs  to  their  former  homes  in  government-controlled  territoiy,  and  the  pas- 
sage of  a  law  allowing  for  primary  education  in  minority  languages.  In  addition,  the 
courts  late  in  the  year  revised  some  of  the  more  discriminatory  parts  of  a  law  that 
effectively  expropriated  the  property  of  many  minority  Serbs  who  fled  Croatia  in 
1995,  but  there  is  still  no  effective  mechanism  by  which  Serb  owners  can  recover 
their  property. 

In  a  major  step,  Croatia  facilitated  the  handover  in  October  of  10  Bosnian  Croats 
indicted  by  the  International  Criminal  Tribunal  for  the  Former  Yugoslavia  (ICTY) 
in  the  Hague,  including  Dario  Kordic,  one  of  the  most  wanted  suspects  indicted  by 
the  tribunal.  Also  in  October,  the  Government  committed  to  a  plan  by  which  it 
would  inform  ICTY  of  new  cases  of  potential  interest  to  the  tribunal.  However,  de- 
spite these  very  positive  developments,  Croatia's  overall  cooperation  with  the  tribu- 
nal remained  uneven.  Other  handovers  occurred  only  under  international  pressure, 
the  proposed  plan  remained  unimplemented,  and  by  September  no  progress  had 
been  made  in  the  handover  of  documents  that  would  assist  in  the  prosecution  of  eth- 
nic Croats  in  custody  in  the  Hague. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings  by  government  officials.  There  continue  to  be  some  re- 


1031 

ports  of  ethnically  motivated  killings  by  unknown  persons  in  the  parts  of  Croatia 
reclaimed  by  the  Government's  "Operation  Storm"  in  1995.  While  tne  numbers  are 
small,  the  majority  of  those  killed  were  ethnic  Serbs.  The  murders  continue  a  pat- 
tern begun  in  the  fall  of  1995  of  ethnically  motivated  killings  carried  out  both  to 
intimidate  Serbs  who  stayed  behind  after  Croatia  reclaimed  these  areas  and  in- 
creasingly to  discourage  those  Serbs  who  fled  from  returning.  The  authorities  made 
only  a  Tew  arrests  in  these  cases,  often  denying  that  any  of  the  attacks  were  eth- 
nically motivated.  The  authorities'  attempts  to  seek  out,  investigate,  and  punish 
those  responsible  for  such  murders  were  inadequate. 

Mines  and  explosive  booby  traps  were  used  as  devices  to  teirify  returnees  and 
those  who  remained  in  the  formerly  occupied  areas.  For  example,  in  January  and 
February  the  home  of  an  ethnic  Serb  was  attacked  four  times  with  hand  grenades 
in  Biskupiia.  In  April  a  Serb  returnee  was  killed  by  an  explosion  caused  by  a  booby 
trap  placed  in  a  haystack  in  his  field  in  Josani.  Also  in  April,  two  elderly  Serbs  were 
shot  and  killed  in  Western  Slavonia,  and  in  yet  another  incident,  a  Serb  who  stayed 
was  killed  and  buried  in  his  yard  by  ethnic  Croats  from  Kosovo.  The  Organization 
for  Security  and  Cooperation  in  Europe  (OSCE)  reported  the  case  of  a  woman  in 
Medak  who  was  seriously  injured  when  a  grenade  was  placed  under  her  pillow.  This 
series  of  individual  attacks  and  murders  culminated  in  the  area  around  Hrvatska 
Kostajnica  in  May,  when  several  hundred  Bosnian  Croats  went  on  a  rampage  over 
2  days,  burning  and  vandalizing  Serb  homes,  beating  and  terrorizing  Serb  returnees 
and  residents.  One  individual  died  shortly  after  from  injuries  sustained  during  the 
riots.  There  were  reports  that  police  participated  in  the  riots  and  destruction  (see 
Section  5).  This  incident  drew  extensive  international  censure  of  Croatia's  seeming 
lack  of  concern  over  the  physical  security  of  its  ethnic  Serb  citizens  (see  Section  5). 
In  most  cases,  authorities  denied  that  there  was  any  ethnic  motivation  to  the 
crimes,  a  statement  viewed  with  widespread  disbelief  in  the  international  conmau- 
nity.  Authorities  also  justified  these  incidents  as  "spontaneous"  reactions  to  return- 
ing Serb  "provocations"  and,  other  than  Hrvatska  Kostajnica,  there  was  little  or  no 
official  recognition  or  condemnation  of  the  attacks. 

The  case  of  an  elderly  couple  of  mixed  ethnicitv  killed  in  September  in  Bukovica 
was  resolved,  and  two  people  were  arrested.  The  United  Nations  Special  Rapporteur 
for  Human  Rights  noted  that,  while  there  has  been  some  progress  in  more  recent 
incidents,  major  crimes  that  occurred  at  or  near  the  time  of  Croatia's  military  oper- 
ations in  the  summer  of  1995  (e.g.  the  Grubori  murders)  remain  for  the  most  part 
unresolved. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

By  year's  end,  government  figures  showed  2,156  citizens  still  missing  in  cases  un- 
resolved from  the  1991-92  war  and  the  1995  military  actions.  The  Government  esti- 
mates that  approximately  1,380  of  these  are  from  the  Danubian  region,  while  the 
remainder  are  thought  by  the  Government  to  be  buried  in  the  formerly  Serb-held 
area  of  Croatia  known  as  the  Krajina.  Steady  progress  was  made  throughout  the 
year  in  removing  names  from  the  list  of  the  missing  as  a  result  of  the  identification 
of  corpses  exhumed  in  the  Krajina  region  and  Eastern  and  Western  Slavonia. 

Identification  of  the  200  corpses  exhumed  from  the  mass  grave  at  Ovcara  contin- 
ued throughout  1997,  with  a  total  of  83  positively  identified  by  September.  Exhuma- 
tion of  another  mass  grave  in  Lovas  revealed  the  bodies  of  68  persons  in  June,  of 
whom  67  were  positively  identified.  Exhumations  also  took  place  in  Topusko,  Glina, 
Petrinja,  Gvozd,  Dvor,  Kostajnica,  Dubica,  Saborsko,  Slunj,  Cetingrad,  and 
Skabmja. 

Significant  progress  was  made  in  the  exchange  of  information  between  the  coun- 
tries of  the  former  Yugoslavia  under  the  auspices  of  the  International  Commission 
on  Missing  Persons.  Croatia  participated  in  meetings  with  counterparts  from  the 
"Federal  Republic  of  Yugoslavia'  and  Bosnia  and  Herzegovina.  However,  inter- 
national observers  concluded  that  the  political  will  to  make  unilateral  disclosures 
of  information  relating  to  missing  persons  was  lacking,  as  evidenced  by  the  Govern- 
ment's release  of  18  prisoners  of  war  held  in  defiance  of  international  conventions 
only  after  a  commensurate  release  or  exchange  of  information  by  the  Bosnian  Serb 
entity  (see  Section  2.d.). 

The  body  of  the  pilot  Rudolf  Perisin,  long  sought  by  the  Government,  was  finally 
handed  over  by  Bosnian  Serb  forces  in  August,  along  with  the  remains  of  a  total 
of  18  others  on  the  list  of  missing  persons. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  or  cruel  or  degrading  punishment,  and  no  evi- 
dence emerged  of  systematic  abuse  by  police  ana  government  forces.  There  were, 
however,  occasional  credible  reports  that  police  beat  persons,  for  example,  in  the 
case  of  ethnic  Serb  and  mixed-marriage  returnees  detained  after  the  incidents  in 
Hrvatska  Kostajnica. 


45-909    98  -  34 


1032 

Police  reportedly  participated  in  the  riots  and  destruction  in  Hrvatska  Kostajnica 
in  May  and  also  harassed  Orthodox  worshipers,  incited  anti-Orthodox  mob  action, 
and  did  not  safeguard  citizens  from  abuse  (see  Sections  l.a.,  2a.c.  and  5). 

Prison  conditions  meet  minimum  international  standards.  Jails  are  crowded,  but 
not  excessively  so,  and  family  visits  and  access  to  counsel  are  generally  available. 
Rebel  Serb  detainees  reported  good  treatment,  although  some  asserted  that  they 
were  treated  less  favorably  than  common  criminals. 

The  Government  permits  visits  by  human  ri^ts  monitors.  Prisons  and  detainees 
in  Eastern  Slavonia  were  mo nitorea  under  the  auspices  of  UNTAES. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  contains  provisions  to 
protect  the  legal  rights  of  all  accused  persons,  but  the  Government  does  not  always 
respect  these  rights  in  practice.  Over  tne  course  of  the  year,  the  Government  issued 
numerous  conftising  and  contradictory  statements  on  the  implementation  of  general 
amnesty  legislation  for  rebel  Serbs  adopted  in  September  1996.  The  issuance  of 
lists,  both  genuine  and  false,  of  wanted  suspects  and  then  their  subsequent  dis- 
avowal by  the  Government  largely  undermined  the  positive  effect  of  the  amnesty 
and  was  widely  viewed  by  international  observers  as  a  ploy  to  instill  insecurity  and 
fear  in  the  minority  Serb  population.  In  several  well-documented  instances,  persons 
were  arrested  and  tried  who  were  not  mentioned  on  any  of  the  government  lists, 
and  in  other  cases,  Serbs  leaving  the  region  were  picked  up  for  "questioning"  relat- 
ing to  their  activity  during  the  war.  The  Government  claims  that  over  12,000  per- 
sons have  been  amnestied,  although  there  has  been  no  supporting  documentation 
to  confirm  this  claim.  An  additional  301  persons  (primarily  ethnic  Croats)  received 
amnesty  at  midyear,  on  the  national  day.  Of  27  people  rearrested  after  having  ini- 
tially received  amnesty  in  1996,  24  still  remain  in  custody  while  the  Government 
retries  them  under  provisions  of  the  legal  code  covering  war  crimes.  The  charges 
were  merely  reworded  versions  of  the  indictments  under  which  these  individuals 
had  already  received  amnesty. 

Police  normally  seek  arrest  warrants  by  presenting  evidence  of  probable  cause  to 
an  investigative  magistrate.  Police  may  carry  out  arrests  without  a  warrant  if  they 
believe  suspects  niiriit  flee,  destroy  evidence,  or  commit  other  crimes.  Such  cases 
are  not  uncommon.  The  police  then  have  24  hours  in  which  to  justify  their  decision 
before  the  local  investigative  magistrate. 

After  arrest,  the  law  states  that  persons  must  be  given  access  to  an  attorney  of 
their  choice  within  24  hours;  if  they  have  no  attorney  and  are  charged  with  a  crime 
for  which  the  sentence  is  over  10  years'  imprisonment,  the  investigative  magistrate 
appoints  counsel  from  a  Ust  of  pubUc  defenders.  If  the  potential  sentence  is  under 
10  years,  detainees  can  request  court-appointed  counsel  if  they  choose.  The  court  ap- 
points counsel  after  charges  are  levied  for  the  trial.  The  investigative  magistrate 
must,  within  48  hours  of  the  arrest,  decide  whether  sufficient  cause  exists  to  hold 
a  person  in  custody  pending  further  investigation.  The  judge  must  justify  the  deci- 
sion in  writing,  including  the  length  of  detention  ordered,  which  may  not  be  longer 
than  1  month  without  review.  The  review  by  the  county  court  may  extend  the  period 
another  2  months  if  necessary.  The  usual  period  of  investigative  detention  varies 
from  a  few  days  to  a  few  weeks,  but  the  Supreme  Court  may  grant  the  state  an 
additional  3  months  (for  a  total  of  not  more  than  6  months  of  pretrial  detention) 
in  exceptional  cases.  These  decisions  may  be  appealed,  either  immediately  or  later 
in  the  detention  period.  Once  the  investigation  is  complete,  detainees  are  usually 
released  on  their  own  recognizance  pending  trial,  unless  the  crime  is  a  major  of- 
fense, the  accused  are  considered  a  public  danger,  or  the  court  believes  that  they 
may  flee. 

However,  those  persons  held  under  investigative  detention  are  often  denied  the 
right  to  have  an  attorney  present  during  parts  of  the  investigative  stage  or  an  ap- 
peal of  investigative  detention.  In  practice  detainees  are  almost  always  bound  over 
for  investigation  unless  it  is  clear  tnat  no  case  exists  against  them.  There  are  provi- 
sions for  posting  bail  after  charges  are  brought,  but  the  practice  is  not  common.  Po- 
lice sometimes  retain  the  passports  of  those  released  to  prevent  them  from  leaving 
the  country.  The  International  Committee  of  the  Red  Cross  estimated  that  approxi- 
mately 79  ethnic  Serbs  were  still  in  detention  for  acts  related  to  the  conflicts  in 
1995. 

UNTAES  maintained  oversight  over  the  judiciary  and  the  police  in  Eastern 
Slavonia,  and  in  August  the  process  of  reintegrating  the  judiciary  into  the  Croatian 
system  was  begun  under  UNTAES  supervision.  However,  despite  UNTAES  over- 
sight, several  instances  of  lengthy  pretrial  detention,  one  as  long  as  2  years,  were 
reported  in  the  region. 

In  a  positive  development,  by  August  the  Government  had  released  all  but  1  of 
the  remaining  18  Bosnian  prisoners  of  war.  Despite  the  provisions  of  the  Dayton 
Peace  Accords,  these  men  were  in  captivity  for  almost  2  years.  The  one  remaining 


1033 

grisoner,  although  nominally  freed  by  the  Government,  refused  repatriation  to 
osnia  and  Herzegovina  and  thus  remained  in  detention  in  a  refugee  collective  cen- 
ter on  Oboryan  Island. 

The  Constitution  prohibits  the  exile  of  citizens.  However,  Croatian  Serbs  who  fled 
the  conflict  during  the  last  5  years  remained  effectively  exiled  from  Croatia.  Al- 
though the  Government  reversed  its  stated  opposition  to  Serb  return  in  July,  it  re- 
fuses to  implement  procedures  by  which  Croatian  Serb  refugees  can  obtain  docu- 
ments to  enable  them  to  return.  The  Government's  inability  to  create  secure  condi- 
tions in  the  formerly  occupied  areas,  the  complete  absence  of  a  true  atmosphere  of 
reconciliation,  and  the  slow  pace  in  issuing  identity  papers  to  Serbs  abroad  have 
combined  to  leave  as  many  as  180,000  ethnic  Serb  former  citizens  of  Croatia  effec- 
tively without  citizenship.  WhUe  process  was  made  in  the  issuance  of  documents 
for  Serbs  in  Eastern  Slavonia,  ethnic  Muslims  and  Serbs  currently  living  in  Croatia 
often  had  difficulty  in  obtaining  citizenship,  were  denied  citizenship  or  residency 
permits  regardless  of  their  previous  residence,  and  were  subject  to  exclusion  and 
even  deportation  (see  Section  5). 

The  situation  for  Serbs  in  the  area  under  UNTAES  control  improved  markedly, 
as  145,000  Serbs  received  their  identity  documents  by  September  at  centers  set  up 
by  the  Croatian  Office  of  Displaced  Persons  and  Refugees  and  UNTAES.  This  very 
positive  step  also  assisted  many  Croatian  Serbs  who  crossed  into  the  region  from 
the  Federal  Republic  of  Yugoslavia  to  bypass  the  bureaucratic  obstacles  that  con- 
fronted Serbs  at  Croatian  embassies  abroad  who  sought  to  rectify  their  citizenship 
status.  Although  estimates  vary  widely,  at  least  30,000  to  40,000  Serb  applications 
to  return  from  Serbia-Montenegro  remained  stymied,  while  many  in  Bosnia  and 
Herzegovina  found  themselves  unable  to  apply  to  return  at  all.  As  of  December,  the 
U.N.  High  Commissioner  for  Refugees  estimated  that  approximately  10,000  ethnic 
Serbs  had  returned  to  Croatia  proper  (see  Section  2.d.). 

e.  Denial  of  Fair  Public  Trial. — (jovemment  influence  weakens  the  nominally 
independent  judiciary. 

The  independence  of  the  judiciary  was  seriously  called  into  question  by  govern- 
ment actions  to  purge  the  judiciary  of  judges  and  attorneys  who  were  either  non- 
Croats  or  who  were  deemed  to  hold  political  views  unsympathetic  towards  the  cur- 
rent regime.  Under  legislation  adopted  in  1991,  the  State  Judicial  Council  continued 
its  review  of  judicial  appointments  and  voted  to  relieve  six  sitting  judges  of  their 
positions  in  late  1996,  an  action  that  the  judges  maintain  was  due  to  their  "inde- 

Kendent  views."  Despite  the  well-known  shortage  of  experienced  judicial  officers,  in 
larch  six  state  attorneys  in  the  Zacreb  municipal  attorney's  office  were  dismissed, 
allegedly  due  to  their  Serb  or  non-Croat  origins.  A  similar  case  in  April  involved 
nine  dismissals  in  Split,  also  allegedly  based  on  ethnicity.  The  Chief  Justice  of  the 
Supreme  Court,  Krunislav  Olujic,  was  dismissed  early  in  the  year  by  the  State  Judi- 
cial Council  for  "behavior  injurious  to  the  reputation  of  the  court.  He  was  alleged 
by  the  Council  to  have  consorted  with  known  criminals  and  to  have  had  sex  with 
underage  persons.  The  procedures  of  his  trial  were  questionable,  since  three  mem- 
bers 01  the  Council  who  were  deciding  his  fate  were  also  witnesses  who  testified 
against  him.  The  subsequent  challenges  to  the  grounds  of  the  dismissal  were  accom- 
panied by  a  lengthy  public  smear  campaim  carried  out  by  national  state-owned  tele- 
vision and  progovemment  newspapers.  The  OSCE  reported  that  Olujic's  dismissal 
and  the  manner  of  it  "put  in  question  the  separation  of  powers  provided  for  by  the 
Constitution."  The  U.N.  Special  Rapporteur  for  Human  Rights  noted  that  "key  as- 
pects of  the  proceedings  against  Dr.  Olujic  give  me  strong  reason  to  believe  that  his 
dismissal  may  have  been  connected  to  his  determination  to  work  independently  of 
the  ruling  HDZ  political  party." 

The  judicial  system  consists  of  municipal  and  district  courts,  a  Constitutional 
Court,  a  Supreme  Court,  an  administrative  court,  and  a  State  Judicial  Council.  A 
parallel  commercial  court  system  handles  all  commercial  and  contractual  disputes. 
The  State  Judicial  Council  (with  a  president  and  14  members  from  all  parts  of  the 
legal  community)  appoints  judges  and  public  prosecutors.  The  upper  house  of  Par- 
liament nominates  persons  for  membership  on  the  State  Judicial  Council,  and  the 
lower  house  elects  the  members  for  8-year  terms.  The  11  judges  of  the  Constitu- 
tional Court  are  elected  for  8-year  terms  in  the  same  manner,  while  all  other  judges 
are  appointed  for  life. 

Altnough  the  Constitution  provides  for  the  right  to  a  fair  trial  and  a  variety  of 
due  process  rights  in  the  courts,  in  practice  the  system  is  marred  by  both  bureau- 
cratic inefficiency  and  outside,  often  political,  influence.  Numerous  court  cases  drag 
on  for  years,  due  to  the  overburdened  and  understaffed  courts  and  the  inexperience 
of  many  newly  appointed  personnel.  The  backlog  of  cases  in  many  courts  is  huge 
(for  example,  a  reported  6,000  cases  in  the  commercial  court  in  Osijek  alone).  It  is 
also  not  uncommon  for  the  authorities  to  refuse  to  implement  a  court  decision.  For 


1034 

example,  in  numerous  cases  of  illegal  eviction  (see  Section  l.f.),  court  rulings  in 
favor  of  those  evicted,  almost  exclusively  ethnic  minorities  (Serbs  or  Muslims)  or 
former  members  of  the  Yugoslav  army  (JNA),  remain  unimplemented  due  to  the  re- 
fusal of  police  and  local  administrative  authorities  to  carry  out  the  court  orders.  The 
only  recourse  for  the  defendant  is  to  return  to  court  and  seek  vet  another  decision 
to  demand  implementation  of  the  first,  a  time-consuming  and  lengthy  process  that 
stUl  may  not  result  in  implementation.  In  other  cases,  nongovernmental  oi^aniza- 
tions  (NGO's)  documented  numerous  instances  where  the  head  of  a  family  was  de- 
nied citizenship  on  unclear  or  spurious  grounds,  while  the  rest  of  the  family  was 
granted  it,  thereby  effectively  excluding  the  entire  family. 

The  OSCE,  the  U.N.  Center  for  Human  Rights,  and  local  NGO's  all  report  that 
decisions  handed  down,  in  particular  by  the  administrative  courts  (which  rule  on 
citizenship  issues)  are  often  improperly  documented,  arbitrary,  and  based  on  ques- 
tionable standards  of  evidence.  For  example,  one  NGO  documented  more  than  900 
cases  in  Eastern  Slavonia  where  Serbs,  forced  to  request  citizenship  through  natu- 
ralization (due  to  the  loss  or  destruction  of  record  books  during  the  war),  had  their 
applications  denied  and  received  little  or  no  explanation  of  the  factual  basis  for  the 
denial.  Article  8  of  the  Citizenship  Law  provides  two  conditions  for  naturalization: 
that  "a  person  has  a  place  of  residence  for  a  period  of  not  less  than  5  years  con- 
stantly on  the  territory  of  the  republic  of  Croatia"  and  that  "a  conclusion  can  be  de- 
rived from  his  or  her  conduct  that  he  or  she  is  attached  to  the  legal  system  and 
customs  in  the  Republic  of  Croatia.  .  .  ."  The  lack  of  a  written  opinion  substantiat- 
ing the  basis  for  the  denials  made  it  virtually  impossible  to  appeal  these  decisions. 
In  addition,  lawyers  and  international  monitors  claimed  that  the  state's  prosecution 
of  war  crimes  cases  is  often  based  upon  little  factual  evidence.  For  example,  Milos 
Horvat,  a  Croatian  Serb  was  extradited  from  Germany  in  order  to  face  charges  of 
war  crimes  in  Croatia.  In  June  the  court  found  him  guilty  of  genocide  and  sentenced 
him  to  5  years  in  prison.  The  U.N.  Center  for  Human  Rights  noted  that  "it  was  the 
widely  held  opinion  of  trial  monitors  that  the  evidence  submitted  by  the  prosecution 
was  insufficient  for  a  verdict  of  guilt,  even  less  ofgenocide." 

The  process  of  reintegrating  the  judiciary  of  Eastern  Slavonia  began  in  earnest 
in  September,  with  the  appointment  of  judges  in  the  region.  An  ethnic  Serb  assist- 
ant minister  of  justice  who  was  appointed  following  the  April  elections  worked  with 
the  Government  on  this  process.  An  agreement  was  reached  in  September  between 
the  Government  and  UNTAES,  under  which  ethnic  Serb  attorneys  from  the  region 
could  defer  payment  of  the  necessary  fee  to  register  with  the  bar  association  (re- 

?|uired  of  all  practicing  attorneys  in  Croatia).  Tliis  provided  a  measure  of  security 
or  ethnic  Serb  defendants  that  had  hitherto  been  lacking  and  was  a  significant  con- 
fidence-building measure. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  declares  the  home  inviolable.  Only  a  court  may  issue  a  search  warrant, 
stating  the  justification  for  the  search  of  a  home  or  other  premises.  Police  may  enter 
a  home  without  a  warrant  or  the  owner's  consent  only  if  necessary  to  enforce  an 
arrest  warrant,  apprehend  a  suspect,  or  prevent  serious  danger  to  life  or  important 
property.  While  the  authorities  generally  complied  with  these  norms,  there  were  no- 
table exceptions  where  the  Government  and,  in  particular  the  military,  did  not  re- 
spect the  inviolability  of  private  property. 

Displaced  ethnic  Serb  citizens  were  not  allowed  to  move  back  in  to  their  homes 
in  numerous  cases,  even  when  those  homes  were  empty.  Soon  after  the  military  con- 
quests in  1995,  the  (Jrovemment  enacted  legislation  that  effectively  gave  it  the  right 
to  take  over  administratively  all  property  tnat  had  been  abandoned  by  fleeing  rebel 
Serbs.  Under  the  Law  on  the  Temporary  Takeover  of  Specified  Property,  the  govern- 
ment-appointed housing  commissions  were  authorized  to  allocate  any  property 
where  the  owner  is  absent  in  order  to  house  refugees  or  other  priority  categories, 
such  as  widows,  orphans,  and  war  veterans.  For  example,  the  entire  village  of 
Kistanje  was  taken  over  for  the  use  of  Catholic  refugees  from  the  Kosovo  area  of 
the  Federal  Republic  of  Yugoslavia,  despite  the  fact  that  the  Serb  owners  had  ex- 
pressed their  wish  to  return  and  occupy  their  former  homes.  By  September  more 
than  40  Serb  families  had  returned  to  Kistanje,  only  to  find  their  houses  locked  and 
guarded  against  their  entry  by  the  local  police.  In  another  example,  the  members 
of  one  family  in  Donji  Lapac  had  been  moved  to  three  separate  temporary  accom- 
modations upon  their  return  to  Croatia,  despite  the  fact  tnat  their  own  home  was 
vacant.  They  were  told  that  it  had  already  been  allocated  for  a  Bosnian  Croat  refu- 
gee family.  The  law  contains  no  provision  for  the  return  of  property  to  its  rightful 
owner  after  the  hostilities  ended  and,  in  effect,  permanently  dispossesses  them  of 
their  property.  The  Constitutional  Court  in  late  September  declared  certain  ele- 


1035 

ments  of  this  law  unconstitutional,  but  it  remained  largely  in  force  since  no  effective 
mechanism  has  yet  been  developed  for  restoring  property  to  the  original  owners. 

Forced  evictions  of  ethnic  Serbs,  Croats,  and  others  from  former  Yugoslav  Na- 
tional Army  (JNA)  apartments  continued  in  major  cities  throughout  the  year.  The 
Ministry  of  Defense  arbitrarily  revoked  the  tenancy  rights  of  individuals  who  had 
lived  in  apartments  for  decades,  and  military  police  frequently  took  residences  by 
force  of  arms,  either  evicting  current  tenants  or  forcing  them  to  share  quarters.  The 
authorities  justified  their  actions  on  the  basis  of  property  laws  that  remove  tenancy 
rights  as  a  result  of  any  6-month  absence  or  if  the  tenant  was  ruled  to  have  "acted 
against  the  interests  of  the  republic  of  Croatia."  The  courts  frequently  used  this  leg- 
islation to  deny  tenancy  rights  to  former  JNA  members  and  in  other  cases  refused 
to  recognize  the  rights  of  surviving  family  members  to  maintain  the  tenancy  ri^ts 
of  their  deceased  or  divorced  spouses,  althou^  that  is  provided  for  specifically 
under  the  law.  Membership  in  the  JNA  at  any  time  by  the  primary  tenancy  rights 
holder  was  deemed  sufficient  to  brand  them  as  "enemies  of  the  state."  However,  eth- 
nic Croats  were  not  immune  from  forced  evictions,  nor  did  all  cases  involve  former 
JNA  members.  Many  cases  were  reported  in  which  desirable  apartments  were  sim- 
ply confiscated  by  individuals  connected  with  either  the  military  or  the  police.  In 
one  case  in  Zagreb,  the  owner  of  the  home  was  allowed  to  stay  but  was  forced  to 
share  quarters  with  five  interlopers,  all  of  whom  were  members  of  the  police. 

Although  such  evictions  were  often  declared  illegal  in  court,  the  occupier  was  sel- 
dom removed  from  the  premises.  In  one  example,  a  family  illegally  evicted  from  its 
apartment  in  Split  by  a  uniformed  member  of  the  Croatian  military  police  in  1994 
failed  to  regain  possession  of  the  property  despite  repeated  favorable  court  rulings 
in  both  the  civiUan  and  military  courts.  Each  of  the  numerous  attempts  to  evict  the 
intruder  according  to  the  court  order  has  failed,  due  to  the  nonattendance  of  nec- 
essary government  officials.  In  the  case  of  occupation  by  a  refugee,  the  authorities 
forbid  the  police  to  remove  the  intruder  on  the  basis  of  a  law  requiring  that  a  new 
home  be  found  for  a  displaced  or  refugee  family  before  it  can  be  removed  from  any 
form  of  housing,  whether  legally  occupied  or  not. 

Incidents  of  looting  continued  almost  unabated  in  the  formerly  occupied  areas, 
particularly  in  the  Krajina.  International  organizations  such  as  the  European  Com- 
munity Monitoring  Mission  (ECMM)  reported  at  least  several  cases  weekly,  and  one 
local  NGO  documented  150  cases  of  looting,  threats,  and  beatings  in  the  Krajina  be- 
tween May  and  June  alone.  Police  in  the  formerly  Serb-held  areas  were  often  inef- 
fective in  either  responding  to  incidents  or  in  resolving  cases  in  which  the  victim 
was  an  ethnic  Serb;  in  May  the  government  human  rights  Ombudsman  reported 
that  there  was  a  need  to  increase  the  number  of  police  working  in  the  area  around 
Knin  (former  sector  south).  Accusations  persisted  that  Serbs  departing  UNTAES  re- 
gion were  taking  with  them  large  amounts  of  Croatian  homeowners'  movable  prop- 
erty. Despite  UNTAES'  efForts  to  determine  the  ownership  of  such  articles,  local  offi- 
cials in  Eastern  Slavonia  routinely  issued  documentation  for  goods  that  UNTAES 
was  largely  powerless  to  verify.  However,  incidents  of  property  seizure  in  Eastern 
Slavonia  were  followed  up  with  a  vigor  that  was  lacking  in  other  areas  of  the  coun- 
try- 

The  Constitution  provides  for  the  secrecy  and  safety  of  personal  data,  and  there 
were  no  reports  that  this  provision  was  not  respected.  However,  there  was  credible 
evidence  that  requests  made  by  ethnic  Serbs  to  return  to  their  original  homes  in 
the  formerly  occupied  areas  of  Croatia  were  sometimes  used  by  government  authori- 
ties as  a  basis  upon  which  to  quickly  issue  permission  for  Bosnian  Croat  refugees 
to  occupy  these  Serb  homes  under  tne  law  on  the  temporary  takeover  of  speafied 
property. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of 
thought  and  expression,  specifically  including  freedom  of  the  press  and  other  media 
of  communication,  speech  and  public  expression,  and  free  establishment  of  institu- 
tions of  public  communication.  In  practice,  government  influence  on  the  media 
through  state  ownership  of  most  print  and  broadcast  outlets  limits  these  freedoms. 
Government  intimidation  through  the  courts  and  other  bodies,  including  administra- 
tive and  regulatory  bodies,  also  induced  self-censorship.  Journalists  were  reluctant 
to  criticize  the  Government  in  public  forums  for  fear  of^  harassment,  job  loss,  intimi- 
dation, criminal  prosecution,  or  being  branded  as  disloyal.  The  Government  main- 
tained an  unofficial  campaign  of  harassment  of  the  independent  media  throughout 
the  year. 

Individuals  may  criticize  the  Government,  although  not  always  without  reprisal. 
In  August  the  Government  brought  charges  against  a  leading  human  rights  activist 
and  a  prominent  politician  for  press  statements,  allegedly  in  violation  of  the  Crimi- 


1036 

nal  Code  for  "dissemination  of  false  information."  The  Government  alleged  that 
these  statements  had  been  made  with  the  express  purpose  of  inciting  political  insta- 
bility in  the  country,  notwithstanding  the  fad,  that  the  same  and  similar  statements 
had  been  made  by  these  individuals — with  no  ensuing  public  disorder — several 
years  previously  and  that  similar  sentiments  were  expressed  by  others. 

In  addition  to  the  possible  use  of  criminal  prosecution  against  its  critics,  the  Gov- 
ernment enjoys  a  virtual  monopoly  on  print  media  distribution.  Fees  of  20  percent 
of  gross  sales  (payable  in  advance),  plus  slow  payment  of  proceeds  from  the  distribu- 
tor to  the  publication,  caused  acute  cash  flow  problems  tnat  forced  one  publication, 
the  independent  journal  Arkzin,  to  change  from  weekly  to  monthly  issuance.  Jour- 
nals and  newspapers  also  complained  that  they  had  little  control  over  where  their 
fmblications  were  sent,  with  large  quantities  at  times  being  sent  to  remote  villages, 
saving  the  bigger,  urban  markets  under-supplied. 

Despite  continued  domestic  and  international  protests,  the  Government  took  no 
steps  to  revise  articles  of  the  Penal  Code  that  authorize  the  criminal  prosecution 
of  journalists  who  insult  the  honor  or  dignity  of  the  president,  prime  minister,  the 
speaker  of  parliament,  or  the  chief  justices  of  either  the  Supreme  Court  or  the  Con- 
stitutional Court,  as  well  as  those  who  publish  "state  secrets."  The  three  lareest 
weekly  newspapers — Globus,  Nacional,  and  the  Feral  Tribune — face  multiple  fibel 
suits  under  tnese  provisions,  many  of  which  were  brought  by  members  of  the  Gov- 
ernment or  of  the  President's  family.  Although  the  municipal  court  found  the  Feral 
Tribune  innocent  of  one  of  the  numerous  libel  charges  in  1996,  the  prosecutor  ap- 
pealed the  case.  The  criminal  trial  of  Globus  journalist  Davor  Butkovic  began  in  De- 
cember for  libel  against  the  Prime  Minister.  Butkovic  is  charged  with  criminal  li- 
ability for  citing  a  report  by  a  foreign  company  in  an  article  that  alleged  corruption 
in  the  Cabinet.  Administrative  proceedings  continued  against  the  independent  radio 
station  Radio  101,  which  was  tnreatenea  again  with  closure  when  the  commercial 
court  demanded  tnat  it  increase  its  operating  capital  to  the  equivalent  of  several 
hundred  thousand  dollars  in  order  to  renew  its  license.  The  ownership  structure  of 
the  station  complicated  the  situation:  75  percent  is  owned  by  employees  and  25  per- 
cent by  the  city  of  Zagreb.  Radio  101  was  also  informed  that  it  must  pay  both  its 
licensing  fees  and  deposit  the  increased  operating  capital  in  advance  of  receiving  its 

{>ermanent  license.  Legal  proceedings  continued  throughout  the  year,  and  the  prob- 
em  of  financial  capital  at  the  station  remained  severe.  In  a  positive  development, 
after  another  lengthy  battle  with  administrative  authorities.  Radio  101  was  award- 
ed a  second  transmitter,  allowing  the  station  to  expand  its  coverage  significantly  in 
the  Zagreb  area. 

Both  public  and  private  radio  and  television  broadcasting  coexist,  although  the 
Government  controls  all  national  broadcasting.  Opposition  figures  and  human  rights 
activists  uniformly  charge  that  state-run  outlets  have  a  strong  progovemment  bias. 
International  observers  also  noted  the  continued  role  of  the  state-run  media  in  stir- 
ring up  public  opinion  on  sensitive  issues,  such  as  the  return  of  ethnic  Serb  dis- 
placed persons.  For  example,  in  July  and  August,  several  widely-read 
progovemment  papers  ran  ugly  and  misleading  articles,  clearly  designed  to  stir  up 
public  fear  and  anger  against  the  return  of  ethnic  Serbs  and  against  those  inter- 
national organizations  that  assist  them. 

Regulations  governing  access  to  the  state-owned  broadcast  media  and  editorial 
policies  of  the  boards  controlling  the  outlets  restrict  the  ability  of  opposition  parties 
to  criticize  government  jx)licies  and,  in  the  most  visible  example,  prevented  any 
semblance  oT  free  media  access  during  the  April  and  June  electoral  campaigns  (see 
Section  3).  Croatian  State  Radio  and  Television  (HRT)  broadcasts  on  three  national 
television  channels  and  three  national  radio  channels.  Technically  under  the  super- 
vision of  the  Parliament,  the  HRT  is,  in  practice,  run  by  the  ruling  HDZ  party,  and 
its  head  is  a  leading  member  of  the  HDZ.  Many  members  of  the  Telecommuni- 
cations Board  (which  regulates  licensing)  are  also  senior  HDZ  officials.  The  HRT 
unfailingly  devotes  its  main  news  coverage  to  uncritical  reports  on  the  activities  of 
the  President  and  the  Government  and  is  virtually  an  organ  of  the  executive 
branch.  Reporting  and  commentary  faithfully  reflect  the  views  of  the  Government, 
and  little,  if  any, Tbroadcast  time  is  given  for  dissenting  views.  While  local  radio  and 
television  outlets  exist  throughout  the  countiy,  they  largely  lack  their  own  news  and 
public  affairs  programs.  A  notable  exception  is  the  newly  launched  TV  Mreza,  which 
has  begun  fairly  objective,  if  somewhat  limited,  news  production.  Most  radio  sta- 
tions, however,  repeat  the  HRT  news,  while  some  rebroadcast  Voice  of  America  and 
the  British  Broadcasting  Corporation  news  programs. 

On  October  23  broadcast  media  journalists  established  an  Association  of  Elec- 
tronic Media  Journalists  in  the  Croatian  Journalists  Association  and  issued  a  mani- 
festo with  21  points  in  which  they  called  for  professional  and  open  electronic  media. 
The  "Forum  21"  members,  13  of  whom  work  for  state  radio  and  television,  came 


1037 

under  immediate  pressure  and  threats  from  the  HDZ  and  the  state-run  media  to 
curtail  these  outsiae  activities. 

The  lack  of  media  freedom,  in  particular  in  the  electronic  media,  was  a  major 
comjjonent  in  the  OSCE's  judgment  that  the  process  leading  up  to  the  presidential 
election  in  June  was  "fundamentally  flawed"  and  did  not  meet  minimum  standards 
for  a  meaningful  and  democratic  election  in  line  with  OSCE  norms.  A  similar  con- 
clusion was  made  about  the  parliamentary  upper  house  and  local  elections  in  April. 
Throughout  the  year's  election  campaigns,  the  ruling  party  and  its  candidates  en- 
joyed an  immense  advantage  in  meoia  exposure  and  news  coverage  from  the  state- 
owned  electronic  media,  the  HRT.  For  example,  during  the  final  days  of  the  presi- 
dential campaign,  the  main  daily  news  program  provided  approximately  8  to  12 
times  more  coverage  of  the  ruling  candiaate  than  of  the  2  otner  candidates  com- 
bined. Independent  analysts  also  concluded  that  state-owned  media  downplayed  cov- 
erage of  events  of  significance  to  opposition  candidates,  including  the  violent  attack 
on  one  presidential  candidate  in  June.  The  coverage  devoted  to  President  Tudjman 
on  the  evening  news  program  during  one  key  election  campaign  period  (from  May 
28  to  June  7)  was  300  times  greater  than  that  given  to  the  eventual  second  place 
candidate.  Finally,  the  OSCE  report  itself  was  completely  underplayed  by  the 
media,  with  the  main  government  news  program  devoting  a  mere  three-line  state- 
ment to  its  release,  while  the  independent  news  program  had  no  coverage  of  the  re- 
lease at  all.  The  next  day,  the  state-run  media  disingenuously  reported  that  the 
OSCE  report  characterized  the  Croatian  elections  as  "free"  but  left  out  the  remain- 
der of  the  sentence,  which  continued  "but  not  fair." 

Foreign  newspapers  and  journals,  including  some  Serbian  periodicals,  were  avail- 
able throughout  the  country. 

While  academic  freedom  is  generally  respected,  academicians  were  reluctant  to 
speak  out  on  political  issues,  and  there  was  an  increasing  tendency  by  the  ruling 
HDZ  party  to  use  its  influence  in  academia.  For  example,  in  a  public  exchange  of 
letters.  President  Tudjman  accused  the  then  President  of  the  Academy  of  Arts  and 
Science,  Ivan  Supek,  of  plotting  Tudjman's  assassination  after  Supek  made  public 
statements  critical  of  presidential  policies. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  peaceful  assembly,  and  the  Government  generally  respects  this  right  in 
practice. 

Numerous  rallies  and  demonstrations  took  place  throughout  the  country  during 
the  year,  the  majority  connected  in  some  way  with  the  two  elections  held  in  the 
spring  and  summer  (see  Section  3).  Permits  to  hold  rallies  and  assemblies  were  not 
always  equitably  issued.  For  instance,  during  the  Presidential  campaign  in  June, 
the  police  denied  one  major  opposition  party  a  permit  to  assemble  in  the  main 
square  in  the  capital  on  spurious  grounds,  alter  approving  the  earlier  applications 
01  the  ruling  and  several  other  parties.  Labor  unions  held  various  assemolies  and 
demonstrations,  as  did  associations  of  war  veterans,  pensioners,  and  the  families  of 
persons  missing  from  the  war.  In  Eastern  Slavonia,  local  Serbs  also  held  demonstra- 
tions, usually  connected  with  the  peaceful  integration  of  the  region,  including  one 
rally  at  which  press  reports  indicated  a  crowd  of  15,000  persons  gathered  in 
Vukovar  in  February. 

The  Constitution  provides  for  the  right  of  association.  However,  this  right  was  re- 
stricted by  legislation  passed  in  June,  when  the  Parliament  adopted  a  new  Law  on 
Associations.  With  this  legislation,  the  (jovemment  gave  itself  broad  supervisory 
powers  to  prevent  the  founding  of  an  association  and  to  monitor  all  aspects  of  an 
association  once  founded.  For  example,  the  law  allows  temporary  suspension  of  the 
activities  of  an  association  based  only  upon  a  "well-founded"  suspicion  that  the 
group's  activities  contravene  the  Constitution  or  law.  Until  such  time  as  the  associa- 
tion proves  itself  innocent  in  a  court  of  law,  the  government  can  keep  it  closed  in- 
definitely and  appoint  someone  to  manage  and  dispose  of  the  association's  property. 
The  law  also  grants  the  (jovernment  the  power  to  dissolve  an  association  and  dis- 
pose of  its  property  or  to  impose  significant  fines  for  any  proven  violation  if  it  deter- 
mines that  the  association  has  actually  violated  the  Constitution  or  the  law.  Exer- 
cising the  right  of  association  before  the  Government  approves  the  act  of  founding 
constitutes  a  violation. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  conscience  and 
religion  and  free  public  profession  of  religious  convictions,  and  the  Government  re- 
spects these  rights  in  practice.  There  is  no  official  state  religion.  All  religious  com- 
munities are  free  to  conduct  public  services  and  to  open  and  run  social  and  chari- 
table institutions.  Roman  Catholicism,  Eastern  Orthodox  Christianity,  and  Islam 
are  the  major  faiths,  and  there  is  a  small  though  active  Jewish  community.  The 
great  majority  of  Croats  are  Roman  Catholic,  and  the  Government  provides  optional 
Catholic  religious  training  in  schools. 


1038 

No  formal  restrictions  are  imposed  on  religious  groups.  The  main  mosque  is  in 
Zagreb,  where  it  serves  not  only  as  a  religious  center  but  also  as  a  social  aid  office 
for  the  large  Bosnian  Muslim  refugee  population.  Croatian  Protestants  from  a  num- 
ber of  denominations,  as  well  as  foreign  clergy,  actively  practice  and  proselytize,  as 
do  representatives  of  Eastern-based  religions.  The  Government  tightened  its  resi- 
dence permit  and  visa  issuance  policy  at  midyear,  but  this  was  a  general  policy  shift 
and  not  directed  at  religious  workers  (although  they  were  among  those  afiected).  Al- 
though religious  education  is  not  in  itself  compulsory,  all  schools  are  recmired  to 
offer  classes  in  religion.  Schools  with  large  minority  populations  are  allowed  to  offer 
classes  in  minority  religions  (i.e..  Orthodox  catechism  in  Serb  majority  schools). 
There  were  numerous  reports  that  despite  the  fact  that  religious  training  in  schools 
was  not  compulsory,  students  were  subtly  pressured  to  attend. 

Incidents  occurred  in  which  the  police  harassed  those  attending  religious  cere- 
monies, incited  anti-Orthodox  mob  action,  and  refused  to  restrain  those  who  sou^t 
to  disrupt  Orthodox  rituals  (see  Section  5). 

The  Government  discriminates  against  Muslims  in  the  issuance  of  citizenship  doc- 
uments. The  Interior  Ministry  frequently  uses  Article  26  of  the  Law  on  Citizenship 
to  deny  citizenship  papers  to  persons  otnerwise  qualified  to  be  citizens  (see  Section 
5). 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  generally  provides  for  these  rights,  with  certain  re- 
strictions. All  persons  legally  in  the  country  must  register  their  residence  with  the 
local  authorities.  Under  exceptional  circumstances,  the  Government  mav  legally  re- 
strict the  right  to  enter  or  leave  the  country  if  necessary  to  protect  the  'legal  order, 
health,  rights,  or  freedoms  of  others." 

The  Government  cooperates  with  the  Office  of  the  U.N.  High  Commissioner  for 
Refiigees  (UNHCR)  and  other  humanitarian  organizations  assisting  refugees.  Cro- 
atia acceded  to  all  treaties  regarding  the  treatment  and  status  of  rerugees  and  these 
have  been  observed  in  practice.  The  Government  Office  for  Displaced  Persons  and 
Refugees  reports  that  the  Government  is  currently  giving  first  asylum  to  68,863  peo- 
ple from  various  parts  of  the  former  Yugoslavia  as  of  December  and  that  it  was  fi- 
nancially supporting  another  101,616  internally  displaced  persons  (not  counting  dis- 
placed ethnic  Serbs  living  in  the  area  under  UNTAES  control).  The  Government 
also  reports  that  another  20,599  people  fall  into  the  category  of  "refugee  settlers" 
and  are  almost  exclusively  ethnic  Croats.  For  much  of  the  year,  the  Government  re- 
fused to  recognize  ethnic  Serbs  displaced  in  Eastern  Slavonia  as  displaced  persons, 
terming  them  instead  "internal  migrants,"  and  hence  not  warranting  any  special 
protected  status.  There  were  no  reports  of  forced  return  of  f>ersons  to  a  country 
where  they  feared  persecution. 

In  April  the  Government  together  with  the  UNHCR  and  UNTAES  developed  a  tri- 
lateral mechanism  designed  to  initiate  and  facilitate  the  return  of  persons  from 
Eastern  Slavonia  to  the  rest  of  Croatia.  The  Joint  Working  Group  (JWG),  as  it  was 
commonly  known,  created  conditions  and  criteria  by  which  persons  could:  register 
their  intention  to  return;  obtain  a  "confirmation  for  return"  that  verified  the  per- 
son's status;  enjoy  facilitated  return;  and  register  for  reconstruction  assistance.  For 
those  who  did  not  wish  to  return  to  their  former  place  of  residence,  an  Agency  for 
Property  Negotiation  was  created  that  would  assist  in  the  buying  and  selling  of 
homes. 

This  otherwise  positive  development  was  tempered  somewhat  by  the  slow  and  un- 
even implementation  of  the  agreement.  Since  the  agreement  was  signed  on  April  23, 
the  Office  for  Displaced  Persons  and  Refugees,  which  had  been  delegated  the  task 
of  processing  the  applications  of  those  who  sought  to  return,  had  approved  only  sev- 
eral thousand  applications  each  way  by  mid-September  and,  of  those  approved,  ap- 
proximately 2,500  people  in  total  actually  returned  to  their  homes  under  this  mech- 
anism. The  Ministry  of  Reconstruction  and  Development,  tasked  by  the  Government 
through  the  JWG  to  provide  reconstruction  assistance  and  facilitate  difficult  returns 
(i.e.,  to  occupied,  damaged,  or  destroyed  homes),  produced  approvals  and  reconstruc- 
tion assistance  for  only  9  families  out  of  thousands  of  requests  by  mid-September, 
which  effectively  blocked  numerous  returns  despite  government  promises. 

Confirmations  were  issued  only  slowly  and  then  only  for  those  persons  whose 
homes  were  either  vacant  or  easily  reparable.  Almost  no  progress  was  made  on 
'Tiard  cases" — those  homes  either  severely  damaged  or  occupied  by  others.  Given  the 
long  wait  for  government  confirmation,  many  Serbs  and  Croats  returned  to  their 
homes  on  their  own.  Outside  the  government  mechanism  and  therefore  not  qualified 
for  government  benefits,  these  people  did  not  receive  social  welfare  payments  or 
even  assurance  that  their  homes  would  not  be  taken  from  them  under  the  law  on 
the  temporary  takeover  of  specified  property  after  their  return  (see  also  Section  l.f.). 
However,  in  September  the  Government  recognized  ex  post  facto  many  of  these 


1039 

"spontaneous  returns"  and  granted  returnee  status  to  both  Serbs  and  Croats  who 
had  thus  far  returned  to  their  original  place  of  residence  outside  of  the  trilateral 
mechanism. 

Freedom  of  movement  was  severely  hampered  by  the  occupation  of  homes  belong- 
ing to  ethnic  Serb  Croatian  citizens  by  refuses  from  neighboring  Bosnia  and 
Herzegovina,  as  well  as  "priority  category*  ethmc  Croat  citizens,  i.e.,  active  duty  or 
former  members  of  the  military,  widows,  and  orphans.  Legislation  that  allowed  the 
government-appointed  housing  commissions  to  settle  people  in  these  homes  provided 
no  mechanism  for  their  removal  once  the  original  owner  returned  to  take  up  his 
property,  even  after  portions  of  the  law  were  struck  down  by  the  Constitutional 
Court  in  September.  The  international  community  noted  a  concerted  pattern  of  ac- 
tivity by  the  Government  to  resettle  areas  that  formerly  had  Serb  majorities  with 
ethnic  Croats,  either  from  other  parts  of  the  former  Yugoslavia,  other  parts  of  Cro- 
atia, or  by  encouraging  the  return  of  ethnic  Croat  emigres  from  abroad.  Many  ethnic 
Serbs  returned  to  nomes  that  the  Government's  Office  for  Displaced  Persons  and 
Refugees  termed  habitable  but  found  them  devastated  and  looted. 

While  UNTAES  still  controlled  the  border  between  Eastern  Slavonia  and  Croatia 
proper,  freedom  of  movement  into  and  out  of  UNTAES-controUed  region  increased 
dramatically  during  the  year,  going  from  virtually  no  freedom  to  significant,  albeit 
controlled,  two-way  movement.  UNTAES  inaugurated  a  system  of  sponsored  visits 
whereby  ethnic  Croat  former  residents  of  the  region  could  spend  up  to  several  days 
in  the  region  and  persons  whose  official  business  took  them  frequently  into  the  re- 
gion were  issued  passes.  Properly  documented  ethnic  Serbs  traveled  out  of  the  re- 
gion, visiting  their  homes  in  other  parts  of  Croatia.  In  September  UNTAES  handed 
over  control  of  the  border  checkpoints  to  the  Transitional  Police  Force. 

The  Government  continued  to  move  refugees  and  displaced  persons  from  tem- 
porary accommodations  in  coastal  tourist  facilities.  In  many  cases  these  people  were 
resettled  in  third  countries  or  elsewhere  in  Croatia. 

A  significant  number  of  persons,  almost  exclusively  ethnic  Croats,  were  assimi- 
lated into  local  Croatian  communities,  albeit  not  always  willingly,  and  by  year's  end 
some  40,000  to  50,000  ethnic  Croat  refugees  had  their  refugee  status  replaced  with 
that  of  Croatian  citizenship.  For  example,  more  than  11,000  ethnic  Croat  refugees 
in  and  around  Slavonski  Brod  had  their  status  changed  from  refugee  to  that  of  tem- 
porary resident,  thus  removing  their  entitlement  to  special  social  allowances  and 
benefits.  Representatives  of  this  group  complained  that  their  primary  goal  was  to 
return  to  Bosnia  and  Herzegovina,  rather  than  to  assimilate  into  Croatia. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Government  seriously  infringed  upon  the  right  of  citizens  to  change  their  gov- 
ernment peacefully.  All  citizens  over  18  years  of  age  and  older  have  the  right  to  vote 
by  secret  ballot.  The  President,  elected  for  5  years,  exercises  substantial  power,  au- 
thority, and  influence  but  is  constitutionally  limited  to  two  terms.  Parliament  com- 
prises the  House  of  Representatives  and  the  House  of  Counties  (Zupanije).  The  Cro- 
atian Democratic  Union  (HDZ)  holds  a  majority  in  both  houses,  and  President 
Franjo  Tudiman  was  reelected  in  June  in  an  election  judged  to  be  "fundamentally 
flawed"  and  "free  but  not  fair"  by  the  OSCE.  Elections  for  all  local  governing  bodies 
as  well  as  the  House  of  Counties  were  held  in  April,  but  were  also  marked  by  irreg- 
ularities, including  a  lack  of  opposition  access  to  the  media  and  elections  legislation 
wei^ted  in  favor  of  the  ruling  party. 

The  presidential  power  of  approving  the  Mayor  of  Zagreb  (who  is  elected  by  the 
city  assembly)  was  reaflirmea  in  legislation  adopted  in  February.  The  April  local 
elections,  in  which  the  HDZ  won  a  plurality  of  seats  and  appxjinted  a  mayor, 
brought  to  an  end  the  opposition  boycott  of  the  Zagreb  city  assembly  (begun  in  late 
1996).  The  boycott  was  tne  result  of  President  Tudjman's  IVa-year  long  refusal  to 
confirm  opposition  mayoral  candidates  legally  elected  to  the  office.  The  'Zagreb  city 
council  crisis,"  as  it  came  to  be  known,  was  a  visible  example  of  the  ruling  party's 
manipulation  of  politics  that  was  only  resolved  through  new  elections.  In  addition 
to  the  liberal  interpretation  and  implementation  of  laws  to  suit  the  Government's 
agenda,  the  ruling  party  used  intimidation  and  harassment,  as  well  as  control  of 
the  media  and  government,  to  control  the  political  process.  Economic  pressure  was 
one  of  the  most  effective  tools,  and  government  agencies  selectively  issued  or  denied 
permits  for  businesses  based  on  political  affiliation. 

The  HDZ  used  its  control  of  Parliament  to  push  through  electoral  changes  that 
favored  it.  July  1996  amendments  to  the  law  for  local  elections,  which  included 
changing  the  proportional/majoritarian  ratio  from  2/3:1/3  to  3/4:1/4,  heavily  favored 
the  HDZ.  (The  last  local  elections  were  held  with  a  50:50  ratio;  1995  changes  put 
the  ratio  at  2/3:1/3.)  In  addition,  the  HDZ  fully  exploited  the  July  1996  amendments 


1040 

allowing  a  party  to  put  someone's  name  on  its  list  as  its  "bearer,"  even  if  that  per- 
son was  not  on  the  list,  by  placing  President  Tudjman's  name  at  the  head  of  every 
local  list.  In  1996  the  Parliament  passed  gerrymandering  legislation  on  redistricting 
that  further  helped  the  HDZ  electorally.  Changes  to  the  electoral  law  were  often 
done  in  "emergency  parliamentary  sessions"  and  pushed  through  hastily,  with  little 
debate. 

Rules  for  access  to  state-owned  electronic  media  not  only  restricted  the  ability  of 
opposition  parties  to  criticize  government  policies  and  activities  but  limited  tneir 
ability  to  fully  engage  the  Government  in  an  open  political  dialog  (see  Section  2.a.). 
These  rules  also  severely  hindered  the  opposition  parties  from  mounting  effective 
campaigns  in  the  April  local  and  parliamentary  upper  house  and  June  presidential 
elections.  In  addition  to  strict  control  of  the  media,  opposition  candidates  were  at 
times  the  victims  of  violent  attacks.  During  the  presidential  campaign  in  June,  the 
Liberal  Party  (HSLS)  candidate  was  attacked  by  an  army  captain  while  addressing 
a  rally  in  Pula  and  suffered  a  concussion.  His  assailant  received  a  suspended  sen- 
tence. In  April  the  leader  of  the  Social  Democratic  Union  (SDU)  was  attacked  in 
Osijek  while  preparing  for  a  campaign  rally.  The  Social  Democrat  (SDP)  presidential 
candidate's  car  was  attacked  in  May.  Although  the  authorities  apprehended  the  per- 
petrators, the  incidents  received  no  more  than  cursory  coverage  in  the  press.  The 
Government  did  not  allow  the  participation  of  domestic  election  monitors  in  either 
the  April  or  June  elections.  A  coalition  of  nongovernmental  organizations,  GONG 
(Citizens  Organized  to  Oversee  Voting),  was  formed  in  March  but  was  denied  per- 
mission to  monitor  either  of  the  elections  on  the  grounds  that  their  activity  was  not 
expressly  permitted  by  the  election  law. 

By  the  time  of  the  April  elections  in  sector  east,  which  were  called  for  under  the 
basic  agreement  between  the  (government  and  the  Eastern  Slavonian  Serbs  and 
held  concurrently  with  local  and  upper  house  elections  throughout  Croatia,  the  Gov- 
ernment had  increased  the  pace  of^  citizenship  document  (Ik)movnica)  issuance  for 
Serbs,  thereby  enabling  them  to  participate  in  the  political  process.  Initial  intran- 
sigence on  document  issuance  and  the  refusal  to  extend  voting  rights  in  Eastern 
Slavonia  for  Serb  citizens  from  other  parts  of  Croatia  (dropped  in  late  1996)  forced 
the  ballot  to  be  delayed  from  the  agreed-upon  date  of  March  16  until  April.  The 
OSCE  and  UNTAES  also  judged  that  the  Government's  inability  to  effectively  orga- 
nize the  ballot  (voters  lists  were  incorrect  and  ballot  papers  were  delayed  or  undeliv- 
ered entirely)  on  election  day  necessitated  an  extension  of  the  balloting  by  over  24 
hours. 

The  (jovemment's  discriminatory  use  of  the  citizenship  law  denied  qualified  Cro- 
atian Serbs  residing  outside  of  Croatia  as  refugees  the  ability  to  apply  for  and  re- 
ceive citizenship,  as  well  as  the  right  to  vote,  effectively  disenfranchising  several 
hundred  thousand  ethnic  Serbs  (see  Section  5). 

Although  there  are  no  legal  restrictions  on  participation  by  women  or  minorities 
in  the  political  process,  they  are  represented  in  only  small  numbers  in  Parliament, 
the  executive  branch,  and  the  courts.  In  the  206-member  Parliament,  13  women 
hold  seats.  Election  law  requires  representation  for  minorities  in  Parliament,  with 
proportional  representation  for  any  minority  that  makes  up  more  than  8  percent  of 
the  population.  Currently,  no  minority  meets  that  criteria.  Representation  for  Cro- 
atia's Serb  minority  is  based,  however,  on  government  estimates  of  the  number  of 
Serbs  who  fled  Croatia  between  1991-95  and  the  assumption  that  they  will  not  re- 
turn. Under  an  agreement  reached  with  UNTAES  and  the  Serb  leadership  in  Janu- 
ary, the  Government  committed  itself  to  the  appointment  of  two  Serb  representa- 
tives regardless  of  their  percentage  in  the  population  once  a  census  is  eventually 
taken.  Inere  were  no  Muslim  representatives  in  Parliament,  despite  the  fact  that 
the  Muslim  minority  is  the  next  largest  after  the  Serbs. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Human  rights  groups  throughout  the  country  worked  to  prevent  human  rights 
abuses  and  brought  their  concerns  to  the  attention  of  local  and  national  authorities, 
as  well  as  to  that  of  domestic  and  international  media.  Most  of  these  groups  focused 
on  legal  advocacy  programs  and  social  services  support  for  the  remaining  and  re- 
turning population  in  the  former  Serb-held  areas.  Throughout  the  year,  domestic 
human  rights  groups  were  highly  critical  of  the  (Government's  human  rights  record. 
A  law  on  associations,  or  the  "NGO  law"  as  it  came  to  be  known,  gave  the  Govern- 
ment broad  authority  to  regulate  domestic  nongovernmental  organizations.  For  ex- 
ample, if  the  (jrovemment  only  suspects  that  an  organization  is  in  violation  of  either 
the  Constitution  or  the  law,  it  may  suspend  the  organization's  activity  until  such 
time  as  the  organization  proves  its  innocence  in  the  courts  (see  Section  2.b.).  In  a 
trial  for  tax  evasion  that  was  widely  perceived  to  be  politically  motivated,  two  em- 


1041 

ployees  of  the  local  affiliate  of  the  Soros  Foundation,  the  Open  Society  Institute, 
were  found  guilty  of  "falsifying  documents,"  and  were  sentenced  to  a  year  in  prison 
by  a  Zagreb  court  in  November.  The  sentence  was  immediately  commuted  to  3 
years'  probation. 

International  organizations,  including  the  European  Community  Monitoring  Mis- 
sion (ECMM),  the  UNHCR,  the  OSCE,  and  the  United  Nations  Special  Rapporteur 
for  Human  Rights,  moved  freely  throughout  the  country,  reporting  on  human  rights 
problems.  These  organizations  usually,  but  not  always,  reported  an  adequate  level 
of  cooperation  with  government  authorities  in  Zagreb.  In  the  field,  however,  the 
Government's  record  of  cooperation  was  mixed,  with  promises  made  in  the  capital 
often  being  poorly  or  incompletely  implemented  in  the  field.  For  exajnple,  despite 
repeated  promises  by  the  President  and  senior  members  of  the  Government  that  all 
Croatian  Serbs  who  fled  the  military  actions  to  retake  the  occupied  areas  could  re- 
turn, the  Government  did  little  at  its  missions  abroad  to  facilitate  the  return  of 
these  refugees,  leaving  approximately  180,000  Serbs  efTectively  exiled  from  Croatia 
in  the  Federal  Republic  of  Yugoslavia  alone  (see  Section  2.d.). 

UNTAES  mandate,  originally  set  to  expire  on  January  15,  was  extended  for  6 
months  until  July  15  andthen  again  until  January  15,  1998.  One  of  the  contribut- 
ing factors  for  the  extension  was  the  insuflicient  progress  towards  the  peaceful  re- 
integration of  the  last  Serb-occupied  enclave  in  Eastern  Slavonia.  UNTAES  and  the 
UNHCR  together  with  the  Government  established  a  Joint  Working  Group  on  Re- 
turns, whicn  developed  a  framework  for  the  return  of  refugees  and  displaced  j)er- 
sons  to  their  homes  in  Croatia  proper  (see  Section  2.d.). 

Domestic  human  rights  groups  reported  that  their  activity  was  largely  ignored  by 
the  Government.  Unless  a  case  received  international  attention  through  the  media 
or  an  international  organization,  the  Government  took  little  or  no  action  to  address 
the  problem  cited.  Although  access  to  the  Government  improved  slightly  with  the 
increased  activity  of  the  govemment-apfwinted  human  rights  Ombudsman,  the  Om- 
budsman's lack  of  legal  authority  to  rectify  problems  that  came  to  his  attention  seri- 
ously limited  his  effectiveness  to  serve  as  anything  other  than  a  forum.  Nonetheless, 
the  Ombudsman's  office  became  a  welcome  access  point  to  the  Government  for  both 
international  organizations  and  NGO'S.  In  May  the  Ombudsman  issued  a  harsh  re- 
port criticizing  security  conditions  in  parts  of  the  formerly-occupied  areas  (the  first 
of  its  kind  in  Croatia),  which  was  presented  to  the  Parliament  in  the  spring. 

In  a  major  positive  step,  Croatia  facilitated  the  handover  in  October  of  10  Bosnian 
Croats  indicted  by  the  International  Criminal  Tribunal  for  the  Former  Yugoslavia 
in  the  Hague,  including  Dario  Kordic,  one  of  the  most  wanted  suspects  indicted  by 
tribunal.  In  April  the  Government  handed  over  to  the  Tribunal  indicted  war  crimi- 
nal Zlatko  Aleksovski,  who  was  in  Croatian  custody  for  8  months.  This  brought  the 
number  of  ethnic  Croats  indicted  who  were  in  custody  in  the  Hague  to  13,  a  major- 
ity of  those  indicted.  Also  in  October,  the  (jovemment  committed  to  a  plan  by  which 
it  would  inform  ICTY  of  new  cases  of  potential  interest  to  the  tribunal.  However, 
despite  these  very  positive  developments,  the  CJovemment's  overall  cooperation  with 
the  tribunal  remained  uneven.  By  year's  end,  no  progress  had  been  made  in  the 
handover  of  documents  that  would  assist  in  the  prosecution  of  ethnic  Croats  held 
in  custody  in  the  Hague,  and  the  Government  continued  its  strong  rhetoric  asserting 
that  Croatia's  sovereignty  must  be  maintained  at  all  costs,  seriously  bringing  into 
question  the  Government's  commitment  to  present  the  tribunal  with  new  cases  for 
review. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  specifies  that  all  citizens  shall  enjoy  all  rights  and  freedoms,  re- 
gardless of  race,  color,  sex,  language,  religion,  political  or  other  opinion,  national  or 
social  origin,  property,  birth,  education,  social  status,  or  other  attributes.  It  adds 
that  members  of  all  national  groups  and  minorities  shall  have  equal  rights.  While 
the  majority  of  these  rights  are  observed  in  practice,  serious  deficiencies  continued 
with  regard  to  equality  among  various  national/racial/ethnic  groups.  The  Constitu- 
tion provides  for  special  "wartime  measures"  in  case  of  need,  but  states  that  restric- 
tions shall  be  appropriate  to  the  nature  of  the  danger  and  may  not  result  in  the 
inequality  of  citizenship  with  respect  to  race,  color,  sex,  language,  religion,  or  na- 
tional or  social  origin. 

Women. — Although  the  Government  does  not  collect  statistics  on  the  issue,  in- 
formed observers  believe  that  violence  against  women,  including  spousal  abuse,  is 
common.  Alcohol  abuse  is  commonly  cited  as  a  contributing  factor.  Centers  for  the 
psychological  and  medical  care  of  abused  women  are  open  in  several  cities  and  a 
number  of  local  institutions  and  voluntary  agencies  offer  social,  medical,  and  other 


1042 

assistance  to  abused  women  and  to  those  traumatized  by  war  experiences.  Family 
crisis  associations  are  also  active. 

The  law  does  not  discriminate  by  gender.  In  practice,  however,  women  generally 
hold  lower  paying  positions  in  the  work  force.  The  Government  has  no  recent  data 
concerning  the  socio-economic  standing  of  women.  However,  considerable  anecdotal 
evidence  suggests  that  women  hold  by  far  the  preponderance  of  low-level  clerical 
and  shop-keeping  positions,  as  well  as  primary  and  secondary  school  teaching  Jobs. 
Women  are  oilen  among  the  first  to  be  fired  or  laid  off.  While  there  is  no  national 
organization  devoted  solely  to  the  protection  of  women's  rights,  many  small,  inde- 
pendent groups  were  active  in  the  capital  and  larger  cities.  One  of  the  most  active, 
in  particular  Defore  and  during  the  elections  in  April  and  June,  was  B.a.B.e.  ("Be 
Active,  Be  Emancipated  ").  This  group  held  public  discussions  with  political  party 
representatives,  debating  controversial  topics  of  interest  to  women. 

Children. — The  Government  is  strongly  committed  to  the  welfare  of  children. 
Schools  provide  free  meals  for  children,  day  care  facilities  are  available  in  most  com- 
munities even  for  infants,  medical  care  for  children  is  free,  and  the  Labor  Code  au- 
thorizes a  full  year  of  maternity  leave  and  3  years'  leave  for  twins  or  for  women 
with  three  or  more  children. 

Education  is  mandatory  up  to  the  age  of  14;  the  majority  of  students  continue  to 
the  age  of  18,  and  no  significant  sectors  or  groups  are  excluded.  Primary  school  edu- 
cation is  compulsory,  free,  and  universal. 

There  is  no  societal  pattern  of  abuse  against  children. 

People  With  Disabilities. — No  legislation  mandates  access  to  buildings  or  govern- 
ment services  for  people  with  disabilities;  access  to  such  facilities  is  often  difficult. 
While  people  with  disabilities  face  no  open  discriminatory  measures,  iob  opportuni- 
ties generally  are  limited.  Special  education  is  also  limited  and  poorly  rundea. 

Religious  Minorities. — Religion  as  a  reflection  of  ethnicity  was  frequently  used  to 
identity  non-Croats  and  as  another  way  of  singling  them  out  for  discnminaton^  prac- 
tices. The  Muslim  community  suffered  from  discrimination,  and  Croatian  Nnislims 
and  Bosnian  refugees  continue  to  report  widespread  discrimination  in  many  areas 
such  as  citizenship  (see  Section  2.c.)  and  employment  rights. 

According  to  reliable  information,  religious  leaders  were  responsible  several  times 
during  the  year  for  actions  that  retarded  the  process  of  reconciliation.  For  example, 
in  the  area  of  Okucani  (Western  Slavonia),  a  Catholic  priest  (himself  a  Bosnian 
Croat  refugee)  was  widely  believed  to  be  the  instigator  of  much  of  that  area's  eth- 
nically motivated  violence,  including  the  burning  of  the  Orthodox  rectory  building 
in  the  spring.  Witnesses  claim  that  the  priest  regularly  incited  the  local  population 
(a  large  nurnber  of  whom  are  Bosnian  Croat  refugees)  to  commit  acts  of  violence  and 
preached  a  policy  of  revenge  rather  than  reconciliation,  at  times  to  the  discomfort 
of  the  indigenous  Croatian  population.  Despite  repeated  efforts  by  the  international 
community  to  bring  this  activity  to  the  attention  of  religious  authorities  in  Zagreb, 
no  action  was  taken  to  curb  the  priest's  excesses. 

The  close  identification  of  religion  with  ethnicity  caused  religious  institutions  to 
be  targets  of  violence.  An  orthodox  priest  who  attempted  to  reconsecrate  the  Serbian 
Orthodox  Church  in  Knin  was  threatened  by  a  mob  of  ethnic  Croats  in  Januaiy. 
A  prominent  Serb  parliamentarian  attested  to  harassment  by  the  local  police  during 
the  incident,  who  aid  nothing  to  defuse  the  situation  and  instead  further  incited  the 
mob.  In  August  an  Orthodox  priest  was  attacked  by  an  ethnic  Croat  mob  in  the 
town  of  Dmis  as  he  attempted  to  celebrate  mass  in  the  Orthodox  church  there,  de- 
spite the  presence  of  several  uniformed  police  officers  provided  by  the  municipal 
government  (who  did  nothing  to  restrain  the  crowd).  The  Serbian  Orthodox  church 
in  downtown  Zagreb,  nevertheless,  remains  open,  and  several  other  Orthodox 
churches  and  monasteries  operate  freely. 

There  were  reported  incidents  of  desecration  in  graveyards,  including  the  deface- 
ment of  a  Jewish  cemetery  in  May  in  Karlovac  with  Fascist  insignia.  A  leading 
human  rights  organization  also  documented  numerous  incidents  throughout  the 
country  of  the  damage  and  defacement  of  Serbian  Orthodox  tombstones  and  grave- 
yards. While  one  person  was  arrested  for  the  Karlovac  vandalism,  there  were  no 
publicized  arrests  for  the  other  incidents. 

National / Racial/ Ethnic  Minorities. — Constitutionally,  Croatian  Serbs  and  other 
minority  groups  enjoy  the  same  protection  as  other  self-identified  ethnic  and  reli- 
gious groups.  In  practice,  however,  Serbs  suffer  severe  discrimination  in  a  wide 
number  of  areas.  Schools  with  a  significant  number  of  minority  students  often  have 
their  own  special  curriculum  in  addition  to  standard  ones,  designed  to  teach  history, 
geography,  art  and  music  to  students  in  their  native  language.  In  practice,  however, 
a  pattern  of  ever-present  and  often  open  discrimination  continues  against  ethnic 
Serbs  and  at  times  other  minorities  in  such  areas  as  the  administration  of  justice, 
employment,   housing,   and    freedom   of  movement.    The   Government   consistently 


1043 

maintained  a  double  standard  of  treatment  based  on  ethnicity  that  hindered  the  im- 
plementation of  much  of  the  significant  progress  made  at  high  levels  during  the 
year  in  the  process  of  the  peaceful  reintegration  of  Eastern  Slavonia. 

In  September  the  Government  adopted,  despite  opposition  by  both  minority  lead- 
ers and  opposition  parliamentarians,  legislation  regulating  minority  language  edu- 
cation. The  law,  which  Ministry  of  Education  ofiicials  claimed  incorporated  all  rec- 
ommendations made  by  the  Council  of  Europe — except  in  cases  when  thev  "endan- 
gered the  integrity  of  the  republic  of  Croatia  and  the  right  of  Croat  children  to  be 
educated  in  their  national  language" — was  deemed  unduly  restrictive  by  opponents. 
With  the  assistance  of  UNTAES,  the  education  system  in  Eastern  Slavonia  was  re- 
integrated with  the  rest  of  Croatia  and  a  curriculum  was  agreed  upon  for  Serb  ma- 
jority schools  in  time  for  the  1997-98  school  year.  The  agreement  incorporated  Ser- 
oian  histoiy,  geography,  art,  nature,  and  society  into  the  main  Croatian  curriculum 
and  established  that  the  Serbian  language  would  be  taught  during  extracurricular 
hours. 

Serbs  continue  to  be  particularly  vulnerable  to  attack  because  of  government  re- 
luctance to  protect  their  rights  vigorously  (see  Sections  l.a.  and  l.f.).  Attacks 
against  property  owned  by  Serbs  continued,  and  the  use  of  explosive  devices  and 
booby  traps  increased  dramatically  in  parts  of  the  Krajina  and  Western  Slavonia, 
particularly  Okucani  where  there  was  a  rash  of  such  incidents  in  the  spring  and 
in  Benkovac  where  there  was  a  series  of  at  least  four  bombings  in  late  July.  The 
Government  maintained  that,  as  crimes  against  property,  these  explosions  were 
"less  serious"  crimes,  despite  the  fact  that  they  formed  part  of  a  concerted  campaign 
to  discourage  ethnic  Serbs  from  returning  to  their  homes.  Police  also  often  denied 
that  crimes  were  ethnically  motivated,  in  the  face  of  incontrovertible  evidence  to  the 
contrary.  Overall  police  responsiveness  to  complaints  filed  by  Serb  residents  of  the 
Krajina  and  Western  Slavonia  was  often  poor.  For  example,  witnesses  report  that 

Solice  participated  in  the  riots  and  destruction  in  the  area  in  and  around  Hrvatska 
[ostajnica  in  May  and  that  police  were  apathetic  towards  mob  violence  against  a 
Serbian  Orthodox  priest  in  Dmis  in  August  (see  Section  5).  The  Ombudsman  for 
Human  Rights  pointed  out  that  police  in  the  area  around  Knin  and  Donji  Lapac 
were  understaffed,  with  a  commensurate  low  level  of  responsiveness,  the  first  ofli- 
cial  acknowledgment  of  the  problem. 

While  significant  progress  was  made  on  the  return  of  people  to  their  original 
homes  throughout  the  country,  the  (government  refused  to  adopt  a  welcoming  atti- 
tude toward  those  returning  ethnic  Serbs  who  had  fled  Croatia  in  1995  (see  &ction 
2.d.).  Adding  to  the  problem,  displaced  persons  received  different  treatment  accord- 
ing to  their  ethnicity.  For  example,  the  (Jovemment  refused  to  recognize  ethnic 
Serbs  living  in  Eastern  Slavonia  as  displaced  persons,  terming  them  instead  "inter- 
nal migrants,"  who  "left  their  homes  oitheir  own  free  will,"  and  thus  denying  them 
the  protected  status  under  the  law  and  economic  and  social  welfare  benefits  that 
the  (jrovemment  offered  to  displaced  ethnic  Croats.  Under  significant  international 
pressure,  the  (jovemment  relented  in  late  spring  and  began  to  bestow  limited  rec- 
ognition on  those  Serbs  who  wished  to  return  to  their  original  homes  in  Croatia 
proper.  Under  a  mechanism  developed  in  conjunction  with  the  UNHCR  and 
UNTAES  (the  JWG),  Serbs  in  Eastern  Slavonia  were  encouraged  to  register  their 
intentions  with  the  (government  Office  for  Displaced  Persons  and  Refugees  (see  Sec- 
tion 2.d.). 

In  another  positive  development,  the  (Jovemment  in  the  fall  established  a  Na- 
tional Commission  for  Reconciliation  and  the  Reestablishment  of  Trust.  The  Com- 
mission, chaired  by  a  senior  government  official,  was  to  oversee  the  creation  of  local 
level  commissions  and  develop  programs  aimed  at  bringing  together  estranged  eth- 
nic groups.  However,  the  law  on  the  temporary  takeover  of  specified  property  was 
repeatedly  used  by  local  housing  commissions  to  deny  ethnic  Serbs  who  wished  to 
return  to  their  property.  While  officials  claimed  that  the  law  did  not  technically  ex- 
propriate Serb  property,  the  effect  was  the  same:  Serbs  were  unable  to  reenter  their 
homes  and  also  found  themselves  unable  to  pursue  effectively  litigation  in  the  courts 
because  the  law  stated  that  the  only  two  parties  to  the  occupation  were  the  current 
occupant  and  the  (government;  a  Serb  had  no  legal  standing  upon  which  to  become 
a  party  to  the  case.  Despite  the  annulment  of  portions  of  the  law  in  September  by 
the  Constitutional  Court,  the  main  points  remained  unchanged  througn  the  year. 
Serbs  and  other  minorities  also  suffered  from  economic  discrimination.  Unemploy- 
ment among  ethnic  Serbs  was  markedly  higher  than  the  16.5  percent  reported  by 
the  (jovemment  as  the  national  average,  and  a  disproportionate  number  of  layoff^ 
and  firings  involve  ethnic  Serbs.  Unemployment  in  the  formerly  occupied  areas  is 
much  higher,  where  international  organizations  estimated  that  as  much  as  80  to  90 
percent  of  the  population  is  unemployed.  Under  UNTAES  supervision,  work  con- 
tracts were  signed  between  Serbs  living  in  the  region  and  the  (jovemment.  Under 


1044 

these  contracts,  the  Government  was  obligated  to  integrate  these  Serb  employees 
into  state  institutions  and  enterprises  in  the  course  of  reintegration. 

The  Law  on  Citizenship  distinguishes  between  those  who  have  a  claim  to  Croatian 
ethnicity  and  those  who  do  not.  The  "Croatian  people"  are  eligible  to  become  citizens 
of  Croatia,  even  if  they  were  not  citizens  of  the  former  Socialist  Republic  of  Croatia, 
as  long  as  they  submit  a  written  statement  that  they  consider  themselves  Croatian 
citizens.  Others  must  satisfy  more  stringent  requirements  through  naturalization  in 
order  to  obtain  citizenship,  even  if  they  were  previously  lawful  residents  of  Croatia 
as  citizens  of  the  former  Yugoslavia.  While  an  application  is  pending,  the  applicant 
is  denied  rights  such  as  social  allowances,  including  medical  care,  pensions,  free 
education,  and  employment  in  the  civil  service. 

Human  rights  groups  complained  that  the  Interior  Ministry  frequently  based  de- 
nials on  Article  26  oi  the  citizenship  law  (which  permits  it  to  deny  citizenship  to 
persons  otherwise  qualified  for  reasons  of  national  interest)  and  on  Article  8  (which 
includes  a  requirement  that  persons'  actions  demonstrate  that  they  are  "attached 
to  the  legal  system  and  customs  of  Croatia").  Both  of  these  articles  were  often  sub- 
jectively applied,  with  little  or  no  documentation  to  back  up  the  denials  (see  Section 
I.e.).  The  citizenship  status  of  many  Muslims  in  the  area  around  Slunj  has  not  j'et 
been  remedied,  and  in  some  cases  entire  villages  remain  stateless. 

This  double  standard  for  citizenship  was  clearly  demonstrated  during  the  presi- 
dential elections  when  ethnic  Croats  in  Bosnia  and  Herzegovina  (all  of  whom  qualify 
for  Croatian  citizenship  under  the  law)  were  allowed  to  vote;  however,  Croatian 
Serbs  who  fled  Croatia  in  1995,  but  who  otherwise  lived  their  entire  lives  in  Croatia, 
were  denied  the  ability  both  to  apply  for  and  receive  their  citizenship  as  well  as  the 
rirfit  to  vote,  effectively  disenfranchising  several  hundred  thousand  ethnic  Serbs. 

Tlie  situation  for  other  minority  groups — Slovaks,  Czechs,  Italians  and  Hungar- 
ians— did  not  reflect  significant  discrimination  to  the  same  extent  as  the  Serb  com- 
munity. Roma  continued  to  face  societal  discrimination  and  official  inaction  when 
complaints  were  filed.  However,  public  awareness  of  the  difficulties  that  Roma  face 
in  society  was  raised  by  several  public  forums,  including  round  table  and  panel  dis- 
cussions with  government  and  civic  leaders. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — All  workers  are  entitled  to  form  or  ioin  unions  of 
their  own  choosing  without  prior  authorization.  There  is  an  active  labor  movement 
with  three  major  and  three  minor  national  labor  federations  and  independent  asso- 
ciations of  both  blue-  and  white-collar  members.  More  than  80  percent  of  woriters 
are  members  of  unions  of  one  type  or  another.  In  general  unions  are  independent 
of  the  Government  and  political  parties.  However,  during  the  year  unions  claimed 
that  in  several  instances  workers  were  pressured  by  their  employers  to  join  particu- 
lar unions  or  subsidiaries,  deemed  by  the  employer  to  be  more  friendly  to  the  ruling 
HDZ  party. 

The  law  prohibits  retaliation  against  strikers  participating  in  legal  strikes.  Work- 
ers may  only  strike  at  the  end  of  a  contract  or  in  specific  circumstances  mentioned 
in  the  contract.  Most  importantly,  the  Supreme  Court  has  ruled  that  workers  may 
not  strike  for  nonpayment  of  wages,  which  continues  to  be  a  serious  problem.  The 
only  recourse  in  the  event  of  nonpayment  is  to  go  to  court,  a  process  that  may  take 
several  years.  If  a  strike  is  found  to  be  illegal,  any  participant  can  be  dismissed  and 
the  union  held  liable  for  damages. 

In  1996  the  Ministry  of  Labor  and  Social  Welfare  refused  to  register  the  Pension- 
ers' Trade  Union  as  an  association  under  Article  159  of  the  Labor  Code,  which 
states  that  only  employed  workers  may  be  members  of  a  trade  union.  This  narrow 
interpretation  of  the  labor  law  may  also  affect  the  temporarily  unemployed  and  stu- 
dents in  vocational  training  as  well.  While  the  case  was  appealed  to  the  administra- 
tive court  in  1996,  there  has  as  yet  been  no  resolution.  Union  leaders  speculated 
that  by  not  registering  the  pensioners  trade  union,  the  (jovemment  hoped  to  dis- 
courage a  repetitions  of  the  large  demonstrations  organized  by  p)ensioners  in  1996, 
protesting  the  low  level  and  late  payment  of  pensions. 

When  negotiating  a  new  contract,  workers  are  required  to  go  through  mediation 
before  they  can  strike.  Labor  and  management  chose  the  mediator  together.  If  they 
cannot  agree,  the  labor  law  calls  for  a  tripartite  commission  of  labor,  business,  and 
government  representatives  to  appoint  one.  However,  the  establishment  of  the  tri- 
partite commission  was  delayed  for  almost  18  months  and  was  only  successfully  in- 
augurated in  June.  This  delay  had  adverse  effects  on  the  ability  of  unions  to  resolve 
disputes  with  management  and  the  distribution  of  commonly  held  union  property, 
as  called  for  by  the  (jovemment.  Arbitration  is  never  mandatory,  but  can  be  used 
if  both  sides  agree.  Only  after  submitting  to  mediation  and  formally  filing  a  state- 
ment that  negotiations  are  at  an  impasse  is  a  strike  legal. 


1045 

The  right  to  strike  is  provided  for  in  the  Constitution  with  these  limitations  and 
with  additional  limits  on  members  of  the  armed  forces,  police,  government  adminis- 
tration, and  public  services.  Even  though  salaries  are  very  low  relative  to  the  cost 
of  living,  there  is  little  strike  activity.  Despite  the  removal  on  January  1  of  a  govern- 
ment-imposed public  sector  wage  freeze  (which  affected  55  percent  of  the  woik 
force),  overall  wage  increases  have  been  minimal.  TTie  stringent  requirements  for 
calling  a  strike,  tne  high  rate  of  unemployment,  and  the  Government's  insistence 
on  adhering  to  its  austerity  program  of  1993  all  discourage  strikes.  There  was  one 
significant  strike  during  the  year,  in  which  several  thousand  railway  workers,  who 
went  on  strike  late  in  1996,  again  walked  off  the  job  in  January  (see  Section  6.b.). 
In  April  2,000  textile  workers  organized  a  mass  demonstration  in  Zagreb  to  demand 
collective  negotiations  with  the  (Jovemment  and  the  development  of  a  long-term 
strategy  for  tne  industry. 

Unions  may  freely  affiliate  intemationaUy. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  is  pro- 
tected by  law  and  practiced  freely.  The  Labor  Coae  governs  collective  bargaining 
contracts,  protection  for  striking  workers,  and  legal  limitations  on  the  ability  of  em- 
ployers to  conduct  "lockouts"  during  labor  disputes.  The  process  of  "transforming" 
previously  "socially  owned"  enterprises  continues,  albeit  slowly,  as  the  first  step  to- 
wards their  eventual  privatization.  The  privatization  process,  however,  was  widely 
criticized  as  neither  transparent  nor  fair,  with  a  lai^e  umber  of  the  best  enterprises 
thus  far  on  the  market  being  sold  to  those  with  close  connections  to  the  regime.  The 
transition  to  private  enterprise  and  a  free  market  economy  has  kept  labor  unions 
under  pressure  at  the  same  time  that  they  are  making  progress  towards  establish- 
ing themselves  as  genuine  trade  unions,  representative  of  their  members  rather 
than  the  Government.  General  unemplojmaent  is  the  most  significant  hurdle.  Unem- 
ployment rose  during  the  year,  with  government  sources  claiming  that  the  unem- 
ployment rate  was  16.5  percent  in  June.  Unions  and  international  organizations 
pointed  out  however,  that  this  figure  does  not  include  the  substantial  "gray"  econ- 
omy and  workers  who  do  not  register  as  unemployed.  International  observers  and 
unions  estimate  that  the  actual  figure  could  be  as  high  as  25  to  30  percent,  with 
reliable  international  organizations  estimating  that  that  figure  jumps  to  80  to  90 
percent  in  the  former  occupied  areas  of  the  country,  where  tne  economy  is  virtually 
at  a  standstill.  As  of  June,  approximately  12  percent  of  workers  did  not  receive  their 
salaries  on  time.  When  salary  payments  are  not  made,  payments  into  the  social  wel- 
fare system  also  lag,  thereby  denying  workers  health  coverage. 

The  Labor  Code  deals  directly  with  antiunion  discrimination  issues.  It  expressly 
allows  unions  to  challenge  firings  in  court,  and  unions  report  that  the  number  of 
such  legal  cases  has  been  increasing.  There  are  continuing  reports  that  ethnicity  is 
used  as  a  grounds  for  dismissal.  For  example,  in  the  spring,  two  ethnic  Serb  women 
were  dismissed  from  their  jobs,  allegedly  for  expressing  undue  sympathy  by  com- 
memorating the  fall  of  the  Croatian  city  of  Vukovar  during  the  war  (the  two  women 
had  flowers  on  their  desks,  something  they  did  regularly,  not  only  on  significant 
days).  The  court  system,  however,  is  already  seriously  overburdened,  and  cases  can 
languish  for  many  months  or  years  before  they  are  resolved  (see  Section  l.d.).  The 
Government  frequently  employs  coercion  against  employees,  including  government 
employees,  involved  in  labor  disputes  and  strikes  to  force  the  employees  back  to 
work.  This  occurred  during  the  railroad  strike  that  occurred  from  December  1996 
to  January  1997.  During  this  action,  workers  and  strike  organizers  were  threatened 
with  dismissal  and,  in  a  few  cases,  with  bodily  harm  unless  they  signed  a  paper 
that  stated  that  they  did  not  support  the  strike.  During  the  same  strike,  there  was 
at  least  one  attempt  at  bribery  to  coerce  woriters  back  on  the  job  and  22  organizers 
of  the  strike  were  found  responsible  in  court  for  damages  to  be  paid  to  the  railroad 
company  when  the  first  of  the  multipart  strike  was  declared  illegal. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor  is  con- 
stitutionally forbidden,  and  there  were  no  documented  instances  of  it.  While  legisla- 
tion does  not  explicitly  cover  children,  the  constitutional  ban  provides  blanket  cov- 
erage in  this  area,  and  the  Government  enforces  this  prohibition  effectively.  The 
Ministry  of  Labor  and  Social  Welfare  is  the  agency  charged  with  enforcing  the  ban 
on  coerced  or  forced  labor. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  the  employment  of  children  is  15  years  of  age,  and  it  is  enforced  by 
the  Ministry  of  Labor  and  Social  Welfare.  Under  the  Constitution,  whose  provisions 
the  Government  enforces,  children  may  not  be  employed  before  reaching  tne  legally 
determined  age,  may  not  perform  forced  or  bonded  labor,  and  are  not  allowed  to  per- 
form work  that  is  harmful  to  their  health  or  morality  (see  Section  6.c.).  There  is  no 
known  pattern  of  abuse  of  child  labor.  Workers  under  the  age  of  18  are  entitled  to 


1046 

special  protection  at  work  and  are  prohibited  from  heavy  manual  labor  and  night 
snifts.  Education  is  mandatory  up  to  the  age  of  14. 

e.  Acceptable  Conditions  of  Work. — While  there  is  no  standard  minimum  wage,  the 
government  fund  for  retirement  and  disability  insurance  establishes  a  minimum  sal- 
ary, as  of  December  approximately  $165  (1,024  kuna),  upon  which  employers  must 
pay  taxes  for  each  of  their  workers.  There  is,  however,  no  requirement  that  the 
worker  actually  receives  the  minimum  base  salary.  The  government  bureau  of  sta- 
tistics estimated  that  the  average  net  monthly  wage  was  approximately  $460  (2,437 
kuna)  as  of  October,  which  labor  unions  estimated  was  only  half  of  the  amount  nec- 
essary to  provide  for  a  family  of  four.  There  are  national  minimum  wage  standards 
that  are  enforced  by  the  Ministry  of  Labor  and  Social  Welfare.  The  minimum  gross 
monthly  wage  was  approximately  $150  (900  Kuna)  as  of  September,  which  does  not 
provide  a  decent  standard  of  living  for  a  worker  and  family.  Government  policy  to- 
ward its  employees  is  a  major  factor  in  setting  wage  standards.  There  is  a  large 
public  sector  and  the  Government  manages,  through  the  privatization  fund,  employ- 
ees of  companies  waiting  to  be  privatized.  In  January  the  Government  removed  the 
1996  wage  freeze  imposed  on  public  sector  workers,  in  order  to  rectify  the  large  dis- 
parity between  public  and  private  sector  wages.  However,  despite  removing  the  re- 
moval of  the  wage  freeze,  public  sector  workers  have  received  only  nominal  wage 
increases. 

National  regulations  provide  for  a  42-hour  workweek  with  a  Va-hour  daily  break, 
a  24-hour  rest  period  during  the  week,  and  a  minimum  of  18  days  of  paid  vacation 
armually.  Workers  receive  time-and-a-half  pay  for  any  hours  worked  over  42. 

Health  and  safety  standards  are  set  by  the  Government  and  are  enforced  by  the 
Ministry  of  Health.  In  practice  industries  are  not  diligent  in  meeting  standards  for 
worker  protection:  It  is  common  to  find  workers  without  hard  hats  at  construction 
sites  and  equipment  with  safety  devices  removed.  Workers  can,  in  theory,  remove 
themselves  from  hazardous  conditions  at  work.  A  worker  would  have  recourse  to  the 
courts  in  a  situation  where  he  felt  that  he  had  been  wrongfully  dismissed  for  doing 
so. 


CYPRUS 

Prior  to  1974,  Cyprus  experienced  a  long  period  of  intercommunal  strife  between 
its  Greek  and  Tuiiish  Cypriot  communities.  The  island  has  been  divided  since  the 
Turkish  military  intervention  of  1974,  following  a  coup  d'etat  directed  from  Greece. 
Since  1974  the  southern  part  of  the  country  has  been  under  the  control  of  the  Gov- 
ernment of  the  Republic  of  Cyprus.  The  northern  part  is  ruled  by  a  Turkish  Cypriot 
administration.  In  1983  that  administration  proclaimed  itself  the  "Turkish  Republic 
of  Northern  Cyprus"  ("TRNC  "),  which  is  recognized  only  by  Turkey.  The  two  parts 
are  separated  oy  a  buffer  zone  patrolled  by  the  United  Nations  Force  in  Cyprus 
(UNFICTYP).  A  substantial  number  of  Turkish  troops  remains  on  the  island.  In  both 
the  government-controlled  areas  and  in  the  Turkish  Cypriot  community  there  is  a 
generally  strong  regard  for  democratic  principles.  Glafcos  Clerides  was  elected  Presi- 
dent of  the  Republic  of  Cyprus  in  1993;  in  1995  Turkish  Cypriots  reelected  Rauf 
Denktash  as  their  leader. 

Police  in  the  government-controlled  areas  and  in  the  Turkish  Cypriot  community 
are  responsible  for  law  enforcement.  Police  forces  operating  in  the  government-con- 
trolled areas  are  under  civilian  control,  while  Turitish  Cypriot  police  forces  are  di- 
rected by  military  authorities.  In  general  the  police  forces  of  both  sides  respect  the 
rule  of  law,  but  instances  of  police  abuse  of  power  continued. 

Both  Cypriot  economies  operate  on  the  basis  of  free  market  principles,  although 
in  each  community  there  are  significant  administrative  controls.  The  government- 
controlled  part  of  the  island  has  a  robust,  service-oriented  economy,  with  a  declining 
manufacturing  base  and  a  small  agricultural  sector.  Tourism  and  trade  generate  21 
percent  of  gross  domestic  product  and  employ  27  percent  of  the  labor  force.  In  1996 
per  capita  income  was  approximately  $13,580,  inflation  was  3  percent,  and  unem- 
ployment was  3.1  percent.  Growth  in  1996  slowed  to  1.9  percent  (from  6  percent  in 
1995).  The  Turkish  Cypriot  economy,  which  relies  heavily  on  subsidies  from  Turkey, 
is  burdened  by  an  overly  large  public  sector.  It,  too,  is  basically  service  oriented,  but 
has  a  relatively  smaller  tourism  base  and  a  larger  agricultural  sector.  In  1996  per 
capita  income  in  the  north  was  approximately  $3,450,  and  inflation  was  87  percent. 
The  economy  in  the  north  recordea  negative  growth  of  1.1  percent  in  1996  (after  2.7 
percent  growth  in  1995). 

The  Republic  of  Cyprus  and  the  Turkish  Cypriot  authorities  generally  respect 
human  rights  norms  and  practices.  Police  brutality  continued  to  1>b  a  problem;  dis- 


1047 

crimination  and  violence  against  women  also  remained  problems.  Although  the 
Turkish  Cypriot  authorities  have  taken  some  positive  steps  to  improve  the  condi- 
tions of  Greek  Cypriots  and  Maronites  living  m  the  territory  under  their  control, 
the  treatment  of  tnese  groirps  still  falls  short  of  Turkish  Cypriot  obligations  under 
the  Vienna  III  agreement  of  1975.  The  Turkish  Cypriot  authorities  continued  to  im- 

Bose  restrictions  on  meetings  between  members  of  the  two  communities  outside  the 
Wted  Nations-controlled  buffer  zone.  They  approved  most  applications  for  meet- 
ings in  the  buffer  zone.  Greek  Cypriot  women  are  still  denied  the  right  to  pass  citi- 
zenship to  their  children  if  they  are  married  to  foreign  spouses. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

Turkish  Cypriot  authorities  have  not  conducted  a  credible  investigation  of  the 
1996  murder  of  a  prominent  leftist  Turkish  Cypriot  journalist,  Kutlu  Aaali,  who  had 
written  articles  critical  of  Turkey's  role  in  the  north  and  particularly  on  the  role  of 
the  Turkish  military  and  of  policies  which  allowed  large  numbers  oi  Turkish  work- 
ers into  the  north. 

In  August  1996,  Turkish  Cypriot  civilian  police  killed  a  Greek  Cypriot  demonstra- 
tor who  nad  entered  the  U.N.  buffer  zone  and  participated  in  the  Seating  death  of 
another.  There  has  not  been  any  significant  investigation  by  Turkish  Cypriot  au- 
thorities of  the  killings.  The  Government  of  Cyprus  stated  that  it  will  press  for  legal 
action  against  the  killers,  and  the  victims'  families  have  filed  a  case  against  Turkey 
at  the  European  Commission  of  Human  Rights. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Both  the  Constitution  of  the  Republic  of  Cyprus  and  the  basic  law  governing  the 
Turkish  Cypriot  community  specifically  prohibit  torture.  The  law  in  both  commu- 
nities provides  for  freedom  from  cruel,  inhuman,  or  degrading  treatment  or  punish- 
ment. Respect  is  generally  accorded  to  these  prohibitions  throughout  the  island. 

A  series  of  allegations  emerged  of  Cypriot  police  brutality  against  suspects  in  de- 
tention, mostly  involving  non-Cypriots.  Turkish  Cypriots  allege  that  two  Turkish 
Cypriots,  arrested  near  the  buffer  zone  by  Greek  Cypriot  police  in  October  on  smug- 
gling charges,  were  tortured.  However,  U.N.  ofiicials  who  examined  the  two  men 
found  no  evidence  that  supported  their  claims.  Turkish  Cypriot  authorities  also 
claimed  that  their  arrest  was  a  frameup.  The  men  are  scheduled  for  trial  in  January 
1998;  they  have  had  access  to  attorneys. 

Three  high-ranking  Greek  Cypriot  fx)lice  officials  were  fired  in  1996  after  an  inde- 
pendent commission  concluded,  that  torture  was  used  systematically  at  a  Limassol 
police  station.  The  three  regained  their  positions  in  December  when  the  Supreme 
Court  ruled  that  their  firings  were  unconstitutional,  although  they  were  not  exoner- 
ated. Official  action  is  still  pending  against  the  Cypriot  police  involved  in  a  1995 
case  of  torture  of  a  suspected  Turkish  Cypriot  drug  smuggler,  Erkan  Egmez.  Egmez 
was  released  and  has  returned  to  the  north. 

In  July  1996,  the  European  Commission  of  Human  Rights  decided  that  the  rights 
of  Lefteris  Andronicou  and  Elsi  Constantinou  had  been  violated  by  the  Cyprus  gov- 
ernment in  a  botched  hostage  rescue  attempt  in  1993  during  which  they  were  kifled. 
The  Cypriot  Government  appealed  the  case  to  the  European  Court  of  Human 
Rights,  which  decided  in  October  that  excessive  force  was  not  used  by  Cypriot  police 
in  the  rescue  attempt  and  that  no  human  rirfits  violations  had  occurred. 

While  there  were  no  public  allegations  of  police  brutality  in  the  Turkish  Cypriot 
community,  there  are  credible  reports  of  pervasive  police  abuse  of  power  and  routine 
harsh  treatment  of  detainees  (see  Section  l.d.). 

Prison  conditions  are  generally  adequate  in  both  communities. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Throughout  Cyprus  laws  providing  for 
freedom  from  arbitrary  arrest  and  detention  are  respected  oy  the  police.  Judicially 
issued  arrest  warrants  are  required.  No  one  may  be  detained  for  more  than  a  day 
without  referral  of  the  case  to  the  courts  for  extension  of  the  period  of  detention. 
Most  periods  of  investigative  detention  do  not  exceed  8  to  10  days  before  formal 
charges  are  filed.  Attorneys  generally  have  access  to  detainees,  and  bail  is  per- 
mitted. 

Some  abuses  of  power  occur  at  the  hands  of  the  Turkish  Cypriot  police,  generally 
at  the  time  of  arrest.  Suspects  often  are  not  permitted  to  have  their  lawyers  present 
when  testimony  is  being  taken,  a  right  guaranteed  under  the  Turkish  Cypriot  basic 
law.  Suspects  demanding  the  presence  of  a  lawyer  are  routinely  threatened  with 
stiffer  charges  or  even  physically  intimidated.  A  high  percentage  of  convictions  in 


1048 

the  Turicish  Cypriot  community  are  obtained  with  confessions  made  during  initial 

{>olice  interrogation  under  these  conditions.  There  are  also  credible  reports  that  po- 
ice  routinely  abuse  their  right  to  hold  persons  up  to  24  hours  before  having  to  go 
before  a  judge.  Police  officers  use  this  tactic  against  persons  believed  to  have  be- 
haved in  a  manner  deemed  insulting  to  the  officer.  The  suspects  are  then  released 
within  24  hours  without  charges  having  been  filed. 

Exile  is  speciiically  prohibited  by  the  Constitution  and  by  the  basic  law  governing 
the  Turkish  Cypriot  community. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  legally  independent  of  executive 
or  military  influence  in  both  communities.  Cyprus  inherited  many  elements  of  its 
le^ai  system  from  the  United  Kingdom  legal  tradition,  including  the  presumption 
oi  innocence,  the  right  to  due  process,  and  the  right  of  appeal.  Througnout  Cyprus 
a  fair  public  trial  is  provided  for  in  law  and  accorded  in  practice.  De^ndants  have 
the  ri^t  to  be  present  at  their  trials,  to  be  represented  by  counsel  (at  government 
expense  for  those  who  cannot  afford  one),  to  confront  witnesses,  and  to  present  evi- 
dence in  their  own  defense.  There  are  no  special  courts  to  try  security  or  political 
offenses.  On  the  Turkish  Cypriot  side,  civilians  deemed  to  have  violated  military 
zones  are  subject  to  trial  in  a  military  court.  These  courts  consist  of  one  military 
and  two  civilian  judges  and  a  civilian  prosecutor.  Members  of  the  Turkish  Cypriot 
bar  have  complained  that  civilian  judges  tend  to  defer  to  their  military  colleagues 
in  such  hearings. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Both 
the  Cyprus  Constitution  and  the  basic  law  governing  the  Turkish  Cypriot  commu- 
nity include  provisions  protecting  the  individual  against  arbitrary  interference  by 
the  authorities.  A  judicial  warrant  is  required  for  police  to  enter  a  private  residence. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Freedom  of  speech  and  the  press  are  provided 
for  hy  law  and  are  freely  practiced  throughout  the  island.  The  proliferation  of  party 
and  independent  newspapers  and  periodicals  in  both  communities  enables  ideas  and 
arguments  to  circulate  freely.  Opposition  papers  frequently  criticize  the  authorities. 
Several  private  television  and  radio  stations  in  the  Greek  Cypriot  community  com- 

{)ete  effectively  with  the  government-controlled  stations.  Following  passage  of  new 
egislation  during  the  year,  Turkish  Cypriot  authorities  no  longer  nave  a  monopoly 
over  local  radio  and  television.  Three  new,  private  radio  stations  are  operating,  in 
addition  to  two  smaller,  university-run  stations,  and  two  private  television  stations 
are  broadcasting,  with  a  third  planned.  International  broadcasts  are  available  with- 
out interference  throughout  the  island,  including  telecasts  from  Turkey  and  Greece. 
Some  Turkish  Cypriot  journalists  have  complained  about  surveillance  and  intimi- 
dation. Turkish  Cypriot  authorities  have  not  responded  adequately  to  such  allega- 
tions. 

Academic  freedom  is  accorded  wide  respect  throughout  the  island. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  freedom  to  associate,  orga- 
nize, and  hold  meetings  is  protected  by  law  and  respected  in  practice. 

c.  Freedom  of  Religion.— Freedom  of  religion  generally  is  respected  in  Cyprus.  Al- 
though missionaries  have  the  legal  right  to  proselytize  in  both  communities,  mis- 
sionary activities  are  closely  monitored  by  the  Greek  Cypriot  Orthodox  Church  and 
by  both  Greek  Cypriot  and  Turkish  Cjmriot  authorities. 

Mormon  missionaries  in  the  Greek  Cypriot  community  experienced  increased  har- 
assment during  the  year.  Several  anti-Mormon  programs  were  aired  on  the  Ortho- 
dox Church-owned  television  station.  In  April  four  missionaries  were  briefly  de- 
tained by  local  police.  In  September  Mormon  missionaries  in  the  major  cities  of 
Nicosia,  Limassol,  and  Lamaca  were  called  to  police  offices  and  interrogated  exten- 
sively about  their  religious  beliefs  and  church  membership.  They  were  not  alleged 
to  have  committed  any  crimes  but  were  told  that  the  Orthodox  Church  opposed  their 
presence  in  Cyprus.  When  informed  of  these  events,  senior  Cypriot  police  authorities 
expressed  their  concern  and  promised  to  investigate;  they  later  said  that  the  events 
had  been  the  "freelance"  worK  of  individual  police  and  that  they  would  not  happen 
again.  No  further  incidents  have  been  reported. 

In  December  two  Jehovah's  Witnesses  were  imprisoned  for  16  and  18  months  re- 
spectively for  refusing  to  perform  required  military  service.  They  also  refused  alter- 
native unarmed  military  service,  which  is  available  but  requires  an  additional  10 
to  16  months  of  service. 

Turkish  Cypriots  residing  in  the  southern  part  of  the  island  and  non-Muslims  in 
the  north  are  allowed  to  practice  their  religion.  Restrictions  on  the  right  of  Greek 
Cypriots  resident  in  the  north  to  visit  Apostolos  Andreas  monastery  have  been 
eased.  These  Greek  Cypriots,  in  groups  of  20  or  more,  may  now  visit  the  monastery 


1049 

every  Sunday  and  on  religious  holidays.  An  application  to  replace  a  retiring  priest 
is  still  pending. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Turicish  Cypriots  and  Greek  Cypriots  enjoy  freedom  of  movement  with- 
in their  respective  areas.  Until  late  December,  Turkish  Cypriot  authorities  approved 
most  applications  for  bicommunal  meetings  in  the  U.N. -controlled  buffer  zone,  but 
on  December  27  they  suspended  all  of  these  meetings  pending  a  reevaluation  of 
bicommunal  activities.  Turitish  Cypriots,  who  apply  for  permission  to  visit  the 
south,  are  recmired  to  justify  their  applications  with  formal  invitations  to  events  ar- 
ranged by  individuals  or  organizations  resident  in  the  Greek  Cypriot  conununity. 
Many  of  these  applications  are  denied,  often  without  an  official  reason,  as  are  many 
applications  by  Greek  Cypriots  from  the  south  to  visit  the  area  under  Turkish  Cjrp- 
not  administration.  The  basis  for  most  denials  is  clearly  political  and  related  to  tne 
state  of  intercommunal  relations. 

Turkish  Cypriot  authorities  usually  grant  the  applications  of  Greek  Cypriot  resi- 
dents in  the  north  to  visit  the  government-controlled  area.  The  limit  on  visits  to  the 
south  is  15  days  per  month.  Ine  applicants  must  return  within  the  designated  pe- 
riod or  risk  losing  their  rirfit  to  return  and  their  property,  althoudh  this  rule  is 
rarely  enforced  in  practice.  Turkish  Cypriot  authorities  also  permit  close  family  rel- 
atives of  Greek  Cypriots  resident  in  the  north  to  visit  twice  per  month  (it  was  once 
¥er  month  until  1996)  and  allow  one  overnight  stay  per  month.  As  in  the  past, 
urkish  Cypriot  authorities  permit  school  holiday  visits  by  children  under  the  ages 
of  16  (male)  and  18  (female)  residing  in  the  government-controlled  area.  This  year 
700  grown  children  and  grandchildren  of  Greek  Cypriots  living  in  the  north  visited 
the  north  and  stayed  overnight  during  the  Christmas  and  New  Year  holidays.  Simi- 
lar restrictions  exist  for  visits  by  Maronite  residents  of  the  north  to  the  government- 
controlled  area  and  visits  by  Maronites  living  in  the  south  to  Maronite  villages  in 
the  north,  but  they  are  applied  much  more  loosely  than  restrictions  on  Greek  Cjqp- 
riots,  and  Maronite  travel  is  relatively  free. 

The  case  of  Eleni  Foka,  a  Greek  Cypriot  teacher  in  the  north,  attracted  consider- 
able public  attention.  Foka  alleged  that  she  had  been  mistreated  by  Turkish  Cypriot 
authorities,  and  she  destroyed  her  "TRNC"  identity  card.  Later,  she  was  denied  per- 
mission by  Turkish  Cypriot  authorities  to  travel  to  the  government-controlled  area 
for  medical  attention  unless  she  renewed  her  identity  card.  After  several  months, 
Foka  was  permitted  to  come  to  the  south  for  medical  treatment,  but  she  has  not 
been  able  to  return  to  the  north.  Her  case  remains  under  discussion  by  Greek  and 
Turkish  Cypriot  authorities.  In  the  meantime,  both  Foka  and  a  retiring  Greek  Cyp- 
riot teacher  have  been  replaced  in  the  north  by  new  Greek  Cypriot  teachers. 

Previously,  persons  of  Greek  Cypriot  or  Armenian  origin,  or  even  persons  having 
Greek  or  Armenian  names,  faced  considerable  difficulties  entering  the  north.  In 
1995  the  Turkish  Cypriots  instituted  a  new  policy  under  which  third  country  nation- 
als of  Greek  (Cypriot  origin  would  be  permitted  to  visit  the  Turkish  Cypriot-con- 
troUed  areas.  However,  implementation  of  the  procedures  remains  inconsistent,  and 
several  persons  entitled  to  cross  under  the  new  guidelines  were  denied  permission. 

The  Turkish  Cypriot  authorities  since  1995  no  longer  require  Greek  Cypriots  resi- 
dent in  the  north  to  obtain  police  permits  for  travel  to  Famagusta  or  Nicosia.  Mem- 
bers of  the  Maronite  community  living  in  the  north  need  permits  to  travel  in  the 
north.  While  most  obtain  them  without  difficulty,  the  permit  process  allows  authori- 
ties to  restrict  the  Maronites'  movements  should  they  so  desire. 

The  Republic  of  Cyprus  authorities  permit  only  day  travel  by  tourists  to  the 
northern  part  of  the  island.  They  have  declared  that  it  is  illegal  to  enter  Cyprus 
except  at  authorized  entry  points  in  the  south,  effectively  barring  entry  into  the  gov- 
ernment-controlled area  by  foreigners  who  have  entered  Cyprus  from  the  north.  As 
a  rule,  Turkish  Cypriot  authorities  allow  visits  to  the  north  by  persons  who  initially 
enter  Cyprus  in  tne  south,  but  they  have  denied  entry  to  persons  of  Turkish  Cypriot 
origin  who  enter  Cyprus  in  the  south.  Following  the  1994  murder  of  the  director 
of  a  Greek  Cypriot  association  supporting  Kurds  in  Turkey,  the  Greek  Cypriot  au- 
thorities placed  significantly  tighter  controls  on  the  movement  of  Turkish  Cypriots 
to  the  south.  Institutions  and  individuals  sponsoring  visits  of  Turkish  Cypriots  to 
the  government-controlled  areas  must  notify  the  police  in  advance  and  provide  them 
with  an  exact  itinerary. 

Following  agreement  in  April  on  reciprocal  visits  to  religious  sites,  the  Cypriot 
Government  permitted  over  400  Turkish  Cypriots  to  make  a  pilgrimage  to  a  Moslem 
shrine  in  the  south,  the  first  such  visit  since  1974.  However,  later  in  April,  a  Greek 
Cypriot  group  of  approximately  600  persons  did  not  make  the  reciprocal  visit  to  an 
Orthodox  monastery  in  the  north  because  of  Turkish  Cypriot  demands  that  3  names 
on  the  list  of  visitors  be  removed.  In  August  Turkish  Cypriot  authorities  permitted 
unhindered  passage  of  650  Greek  Cypriots  to  the  monastery  for  an  Orthodox  holy 


1050 

day.  In  November  another  group  of  approximately  1,200  Greek  Cypriots  was  allowed 
to  visit  the  monastery. 

In  December  1996  the  European  Court  of  Human  Rights  ruled  11  to  6  that  Tur- 
key had  committed  a  continuing  violation  of  the  rights  of  a  Greek  Cypriot  woman 
by  preventing  her  from  going  to  ner  property  locateain  northern  Cyprus.  The  ruling 
reaffirmed  the  validity  of  property  deeds  issued  prior  to  1974.  The  Court  also  found 
in  this  case  that  "it  was  obvious  from  the  large  number  of  troops  engaged  in  active 
duties  in  northern  Cyprus  that  the  Turkish  army  exercised  effective  overall  control 
there.  In  the  circumstances  of  the  case,  this  entailed  Turkey's  responsibility  for  the 
policies  and  actions  of  the  TRNC"  A  hearing  by  the  Court  on  compensation  was 
neld  on  November  27,  and  a  ruling  is  expected  m  1998. 

In  a  similar  development,  the  European  Commission  of  Human  Rights  ruled  that 
a  complaint  by  the  Government  of  Cyprus  against  Turkey  was  admissible.  The  com- 
plaint alleged  that  Turkey  was  responsible  for  the  detention  of  persons  missing 
since  the  1974  conflict  ana  for  depriving  Greek  Cypriots  from  the  northern  part  of 
Cyprus  of  the  use  of  their  lands.  The  Commission's  procedural  ruling  made  no  judg- 
ment on  the  merits  of  the  case. 

The  authorities  respect  the  right  to  travel  abroad  and  to  emigrate.  Turkish  Cyp- 
riots have  difficulty  traveling  to  most  countries  because  travel  documents  issued  by 
the  "Turkish  Republic  of  Northern  Cyprus"  are  recognized  only  by  Turkey.  Most 
Turkish  Cypriots  resort  to  utilizing  Turkish  travel  documents  instead. 

Although  asylum  legislation  remains  pending  in  the  legislature,  the  Government 
of  Cyprus  regularly  grants  de  facto  first  asylum.  Cases  are  referred  to  the  local  of- 
fice of  the  Lmited  Nations  High  Commissioner  for  Refugees  (UNHCR)  for  evalua- 
tion. There  were  approximately  70  such  cases  in  1997.  If  applicants  are  found  to 
meet  the  criteria  for  refugee  status,  they  are  permitted  to  remain  and  are  given 
temporary  woric  permits.  Applicants  are  not,  however,  generally  granted  permanent 
resettlement  rights  on  the  grounds  that  the  Government  already  has  enough  respon- 
sibilities in  caring  for  those  displaced  after  the  1974  Turkish  intervention.  Appli- 
cants are  permitted  to  remain  until  resettlement  in  a  third  country  can  be  arranged. 
There  were  no  reports  of  the  forced  return  of  persons  to  a  country  where  they  Tear 
persecution.  In  both  the  north  and  the  south,  cooperation  with  U.Nl.  refugee  authori- 
ties is  excellent.  UNHCR  is  not  aware  of  any  cases  of  asylum  seekers  in  the  north 
in  recent  years. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Multiparty  political  systems  exist  throughout  Cyprus.  Under  the  Republic's  Con- 
stitution, political  parties  compete  for  popular  support  actively  and  witnout  restric- 
tion. Suffrage  is  universal,  and  elections  are  held  oy  secret  ballot.  Elections  for  the 
office  of  president  are  held  every  5  years  and  for  members  of  the  House  of  Rep- 
resentatives every  5  years  or  less.  The  small  Maronite,  Armenian,  and  Latin  com- 
munities elect  nonvoting  representatives  from  their  respective  communities,  in  addi- 
tion to  voting  in  elections  for  voting  members.  Since  the  breakdown  in  1963  of 
bicommunal  governing  arrangements,  and  since  the  1974  partition  of  the  island, 
Turkish  Cypriots  living  in  the  government-controlled  area  are  barred  from  voting 
there,  although  they  may  travel  to  the  north  to  vote  in  elections. 

Turkish  Cypriots  living  in  northern  Cyprus  elect  a  leader  and  a  representative 
body  every  5  years  or  less.  In  1995  Turkish  Cypriot  voters  elected  Rauf  Denktash 
as  their  leader  in  elections  deemed  by  observers  to  be  free  and  fair.  Greek  Cypriots 
and  Maronites  living  in  the  north  are  barred  by  law  from  participating  in  Turkish 
Cypriot  elections.  They  are  eligible  to  vote  in  Greek  Cypriot  elections  but  must  trav- 
el to  the  south  to  exercise  that  right.  They  also  may  choose  their  own  village  offi- 
cials, but  those  elected  are  not  recognized  by  the  Government  of  Cyprus. 

In  both  communities,  women  face  no  legal  obstacles  to  participating  in  the  politi- 
cal process.  While  clearly  underrepresented  in  government,  they  hold  some  cabinet- 
level,  judicial,  and  other  senior  positions. 

Section  4.  Governmental  Attitude  Regarding  International  and  NongovernmentcU  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  organizations  in  both  parts  of  the  island  that  consider  themselves 
human  rights  groups,  but  they  generally  are  concerned  with  alleged  violations  of  the 
rights  of  their  community's  members  by  the  other  community.  Groups  with  a  broad 
human  rights  mission  include  organizations  promoting  awareness  of  domestic  vio- 
lence and  others  concerned  with  alleged  police  brutality. 

There  are  no  restrictions  preventing  the  formation  of  human  rights  groups.  Rep- 
resentatives of  international  human  rights  organizations  have  access  throughout  the 
island. 


1051 

The  United  Nations,  through  the  autonomous  tripartite  (United  Nations,  Greek 
Cypriot,  Turkish  Cypriot)  Committee  on  Missing  persons  in  Cyprus  (CMP),  is  at- 
tempting to  resolve  the  missing  persons  dilenuna  that  remained  From  the  intercom- 
munal  violence  beginning  in  1963-64  and  the  1974  Turkish  military  intervention. 
However,  the  CMP  has  made  little  progress.  On  July  31,  the  leaders  of  the  Greek 
and  Turkish  Cypriot  communities  agreed  to  collect  and  share  information  on  miss- 
ing persons  by  the  end  of  September,  outside  of  the  CMP  process.  Although  there 
was  ultimately  no  exchange  of  information  in  September,  both  sides  stressed  their 
willingness  to  implement  the  agreement  as  rapidly  as  possible,  and  the  collection 
of  data  continues.  Meanwhile,  the  United  States  continued  its  efforts  to  ascertain 
the  fate  of  five  American  citizens  missing  since  1974. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Legislation  in  both  conununities  provides  for  protection  against  discrimination 
based  on  sex,  religion,  or  national,  racial,  or  ethnic  origin.  While  such  laws  are  gen- 
erally respected  by  each  community,  significant  problems  remain  with  the  treatment 
of  the  Greek  Cypriots  and  Maronites  living  in  the  north  and,  to  a  lesser  extent,  with 
the  treatment  oi  Turkish  Cypriots  living  in  the  government-controlled  area. 

Women. — Spousal  abuse  in  the  Greek  Cypriot  community  is  receiving  increasing 
attention,  ana  the  problem  is  believed  to  be  significant.  A  1994  law  aimed  at  making 
spousal  abuse  easier  to  report  and  prosecute  has  had  little  effect  because  key  provi- 
sions remain  uniunded  and  unimplemented.  Many  suspected  cases  of  domestic  vio- 
lence do  not  reach  the  courts,  largely  because  of  family  pressure  and  the  wife's  eco- 
nomic dependence  on  her  husband.  An  organization  formed  to  address  the  domestic 
abuse  problem  reports  an  increasing  number  of  calls  over  its  hot  line,  although  defi- 
nite statistics  on  the  number  of  incidents  are  not  available.  A  shelter  for  battered 
women  is  scheduled  to  open  in  early  1998.  Very  few  cases  tried  in  the  courts  result 
in  convictions.  There  is  little  public  discussion  of  domestic  violence  in  the  Turkish 
Cypriot  community,  although  a  report  issued  by  the  Women's  Research  Center  de- 
scribed such  violence  as  common.  A  women's  shelter  opened  in  1994.  Domestic  vio- 
lence cases  are  rare  in  the  Turkish  Cypriot  legal  system  since  they  are  often  consid- 
ered a  "family  matter." 

Throughout  Cyprus,  women  generally  have  the  same  legal  status  as  men.  How- 
ever, under  current  Turkish  Cypriot  law,  the  man  is  legally  considered  the  head  of 
the  family  and  can  decide  the  family's  place  of  residence  and  insist  that  his  wife 
take  his  name.  Turkish  Cypriot  women  are  not  permitted  to  marry  non-Moslem  men 
in  Cyprus,  but  can  do  so  outside  Cyprus  and  then  return  with  their  husbands  and 
live  in  the  north  without  difficulty.  While  legal  provisions  in  both  communities  re- 

?|uiring  equal  pay  for  men  and  women  performing  the  same  job  are  effectively  en- 
orced  at  the  wnite  collar  level,  Turkish  Cypriot  women  employed  in  the  agricultural 
and  textile  sectors  routinely  are  paid  less  than  their  male  counterparts. 

In  the  Greek  Cypriot  community,  women  face  discrimination  that  denies  them  the 
ability  to  pass  on  citizenship  to  their  children  if  they  marry  foreign  spouses.  Under 
existing  law,  only  a  Greek  Cypriot  male  may  transmit  citizenship  to  his  children 
automatically  or  obtain  expeditious  naturalization  for  his  foreign  spouse. 

In  the  Turkish  Cypriot  community,  women  face  discrimination  in  divorce  proceed- 
ings with  regard  to  property  acquired  during  the  marriage.  Divorced  women  also 
face  a  pervasive  problem  of  inadequate  awards  of  child  support  or  nonpayment  of 
child  support.  Legal  remedies  are  difficult  to  obtain  or  enforce. 

Republic  of  Cyprus  law  forbids  forced  prostitution.  However,  credible  reports  con- 
tinue that  women,  generally  East  Asian  or  Eastern  European  night  club  performers, 
are  forced  into  prostitution  in  the  Greek  Cypriot  community.  To  date  there  have 
been  few  arrests  since  the  women,  fearing  retaliation  by  their  employers  and  unable 
to  support  themselves,  generally  do  not  press  charges.  Two  employers  were  con- 
victed early  in  the  year  on  charges  of  forcing  women  into  prostitution  and  were  sen- 
tenced to  jail  terms  of  6  and  10  months  resp>ectively.  In  the  Turkish  Cypriot  commu- 
nity, there  are  an  estimated  300  to  350  women,  mostly  from  Eastern  Europe,  work- 
ing as  prostitutes.  These  women  often  must  surrender  their  passports  to  the  club 
owners  and  sometimes  are  prohibited  even  from  making  private  phone  calls. 

Reports  on  the  mistreatment  of  maids  are  frequent  in  the  (jreek  Cypriot  press. 
These  reports  usually  involve  allegations  that  maids,  often  from  East  or  South  Asia, 
have  been  treated  inhumanely  by  their  employers  or  fired  without  cause  in  violation 
of  their  contracts.  Many  women  do  not  complain  to  the  authorities,  fearing  retribu- 
tion from  their  employers.  Those  who  do  file  charges  run  the  risk  of  being  fired  and 
then  deported. 

Children. — Both  the  Government  and  the  Turkish  Cypriot  authorities  dem- 
onstrate a  strong  commitment  to  children's  welfare.  There  is  no  pattern  of  societal 


1052 

abuse  of  children  nor  any  difference  in  the  health  care  and  educational  opportunities 
available  to  boys  sind  girls. 

People  With  Disabilities. — In  Cyprus  generally,  disabled  persons  do  not  appear  to 
be  discriminated  against  in  education  or  the  provision  of  state  services.  In  the  Greek 
Cypriot  community,  disabled  persons  applying  for  a  public  sector  position  are  enti- 
tled to  preference  if  they  are  deemed  able  to  perform  the  required  duties  and  their 
qualifications  equal  those  of  other  applicants.  Legislation  also  mandates  that  new 

gublic  buildings  and  tourist  facilities  provide  access  for  the  disabled.  In  the  Turkish 
lypriot  community,  regulations  recruire  businesses  to  employ  1  disabled  person  for 
every  25  positions  they  fill,  although  enforcement  is  inconsistent.  While  there  is  in- 
creasing awareness  of  the  issue,  the  Turkish  Cypriot  community  has  not  yet  enacted 
legislation  to  mandate  access  for  the  disabled  to  public  buildings  and  other  facilities. 
National  / Racial  / Ethnic  Minorities. — Both  the  Government  of  Cyprus  and  the 
Turkish  Cypriot  administration  have  constitutioned  or  legal  bars  against  discrimina- 
tion. The  basic  agreement  covering  treatment  of  Greek  Cypriots  and  Maronites  liv- 
ing in  the  north  and  Turkish  Cypriots  living  in  the  south  remains  the  Vienna  III 
agreement  signed  in  1975.  This  document  provides  for  voluntary  transfer  of  popu- 
lations, free  and  unhindered  access  by  the  UNFICYP  to  Greek  Cypriots  and 
Maronites  living  in  the  north  and  Turkish  Cypriots  living  in  the  south,  and  facilities 
for  education,  medical  care,  and  religious  worship. 

UNFICYP  access  to  Greek  Cypriots  and  Maronites  living  in  the  north  remains 
limited.  There  are  no  Greek-language  educational  facilities  for  Greek  Cypriot  or 
Maronite  children  in  the  north  beyond  elementary  education,  forcing  parents  in 
many  instances  to  choose  between  keeping  their  children  with  them  or  sending 
them  to  the  south  for  further  education  (in  which  case  they  may  no  longer  return 
permanently  to  the  north).  Greek  Cypriots  living  in  the  north  complain  of  lack  of 
access  to  telephones  and  vandalism  of  Orthodox  churches.  Despite  recent  improve- 
ments, Greek  Cypriots  and  Maronites  living  in  the  north  are  unable  to  move  about 
freely  (see  Section  2.d.)  and  to  change  their  housing  at  will.  Maronites  in  the  north 
also  lack  many  public  services  available  in  most  other  Turkish  Cypriot  areas.  In 
May  the  Rapporteur  of  the  Council  of  Europe's  Parliamentary  Assembly  visited 
Greek  Cypriots  living  in  the  north.  The  Rapporteur,  Andras  Barsony,  stated  that 
the  conditions  he  found  among  these  Greek  Cypriots  were  "appalling,"  although  he 
said  there  had  been  improvements  since  the  previous  year. 

Some  Turkish  Cypriots  living  in  the  government-controlled  area  face  difficulties 
in  obtaining  identification  cards  and  other  government  documents,  especially  if  they 
were  bom  aifler  1974.  Turkish  Cypriots  also  appear  to  be  subjected  to  harassment 
and  surveillance  by  the  Greek  Cypriot  police.  One  Turkish  Cypriot  man  was  mur- 
dered in  the  south  in  August  by  unknown  assailants.  While  authorities  in  the  north 
alleged  the  man  was  targeted  because  he  was  Turkish,  the  evidence  suggests  that 
he  was  involved  in  criminal  gang  activities  that  led  to  his  killing.  A  number  of  Turk- 
ish Cypriots  who  worked  in  the  government-controlled  area  but  did  not  live  there 
lost  their  jobs  following  the  August  1996  killing  of  two  Greek  Cypriots  in  the  buffer 
zone.  The  Cyprus  Government,  which  stated  it  could  not  guarantee  the  safety  of  the 
Turkish  Cypriot  workers,  provided  6  months  of  unemployment  benefits  to  those  liv- 
ing in  the  mixed  Greek  Cypriot-Turkish  Cypriot  village  of  Pyla,  but  no  one  has  been 
rehired. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^All  workers,  except  for  members  of  the  police  and 
military  forces,  have  the  legal  right  to  form  and  join  trade  unions  of  their  own 
choosing  without  prior  authorization.  In  the  government-controlled  area,  police  offi- 
cers also  have  the  right  to  join  associations  that  have  the  right  to  bai^ain  collec- 
tively, although  not  to  strike.  More  than  82  percent  of  the  Greek  Cypriot  work  force 
belongs  to  independent  trade  unions.  Approximately  50  to  60  percent  of  Turkish 
Cypriot  private  sector  workers  and  all  public  sector  workers  belong  to  labor  unions. 

In  the  Turkish  Cypriot  community,  union  officials  have  alleged  that  various  firms 
have  been  successftil  in  establishing  "company"  organizations  and  then  applying 

Eressure  on  workers  to  join  these  unions.  Officials  oiindependent  labor  unions  also 
ave  accused  the  Turkish  Cypriot  authorities  of  creating  rival  public  sector  unions 
to  weaken  the  independent  unions.  The  International  Labor  Organization  (ILO)  has 
not  yet  acted  on  these  complaints.  There  are  no  complaints  outstanding  against  the 
Government  of  Cyprus. 

In  both  communities,  trade  unions  freely  and  regularly  take  stands  on  public  pol- 
icy issues  affecting  workers  and  maintain  their  independence  from  the  authorities. 
Two  of  the  major  trade  unions,  one  in  each  community,  are  closely  affiliated  with 
political  parties.  Both  of  the  other  major  unions  are  independent. 


1053 

All  workers  have  the  right  to  strike,  and  several  strikes,  usually  of  short  duration, 
occurred.  In  the  northern  part  of  the  island,  however,  a  court  ruling  from  1978  gives 
employers  an  unrestricted  right  to  hire  replacement  workers  in  the  event  of  a  strike, 
thereby  limiting  the  effectiveness  of  the  right  to  strike.  Authorities  of  both  the 
Greek  Cypriot  and  Turkish  Cypriot  communities  have  the  power  to  curtail  strikes 
in  what  they  deem  to  be  "essential  services,"  although  this  right  is  rarely  used. 

Unions  in  both  parts  of  Cyprus  are  able  to  affiliate  with  international  trade  union 
organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Trade  unions  and  confed- 
erations by  law  are  free  to  organize  and  bargain  collectively  throu^out  Cyprus. 
This  right  is  observed  in  practice  in  the  government-controlled  areas,  and  most 
wages  and  benefits  are  set  by  freely  negotiated  collective  agreements.  However, 
Greek  Cypriot  collective  bargaining  agreements  are  not  legally  enforceable.  In  the 
rare  instances  when  such  agreements  are  believed  to  have  been  infringed,  the  Min- 
istry of  Labor  investigates  the  claim.  If  the  Ministry  is  unable  to  resolve  the  dispute, 
the  union  may  call  a  strike  to  support  its  demanas.  In  practice,  however,  sucn  al- 
leged violations  are  extremely  rare;  there  was  only  one  strike  during  the  year. 

In  the  Turkish  Cvpriot  community,  where  inflation  exceeded  80  percent  during 
the  year,  wage  levels  are  reviewed  twice  a  year  for  private  sector  workers  and  six 
times  a  year  for  public  sector  workers,  and  a  corresponding  cost-of-living  raise  is  es- 
tablished. A  special  commission  composed  of  five  representatives  each  from  orga- 
nized labor,  employers,  and  the  authorities  conducts  the  review.  Union  leaders  con- 
tend that  private  sector  employers  are  able  to  discourage  union  activity  because  en- 
forcement of  labor  and  occupational  safety  regulations  is  sporadic  and  penalties  for 
antiunion  practices  are  mimmal.  As  in  the  Greek  Cypriot  community,  parties  to  a 
dispute  may  request  mediation  by  the  authorities. 

Small  export  processing  zones  exist  in  Lamaca  Port  and  Famagusta,  but  the  laws 
governing  workmg  conditions  and  actual  practice  are  the  same  as  those  outside  the 
zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor,  in- 
cluding that  performed  by  children,  is  prohibited  by  law,  and  this  prohibition  is  gen- 
erally observed. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Laws  pro- 
hibit forced  and  bonded  child  labor,  and  these  laws  are  effectively  enforced  in  both 
the  Greek  Cypriot  and  Turkish  Cypriot  communities  (see  Section  6.c.).  In  both  com- 
munities, the  minimum  age  for  employment  of  children  in  an  "industrial  undertak- 
ing" is  16  years  of  age.  Turkish  Cypriots  may  be  employed  in  apprentice  positions 
at  the  age  of  15.  There  are  labor  inspectors  in  both  communities.  However,  in  fam- 
ily-run shops  it  is  common  to  see  younger  children  working  after  school,  and  accord- 
ing to  press  reports,  children  as  young  as  11  or  12  years  of  age  work  in  factories 
or  orchards  during  their  school  holidays  in  the  Turkish  Cypriot  community. 

e.  Acceptable  Conditions  of  Work. — The  legislated  minimum  wage  in  the  Greek 
Cypriot  community,  which  is  reviewed  every  year,  is  approximately  $448  (236  Cy- 
prus pounds)  per  month  for  shop  assistants,  practical  nurses,  clerks,  hairdressers, 
and  nursery  assistants.  This  amount  is  insufficient  to  provide  an  adequate  living  for 
a  worker  and  family.  All  other  occupations  are  covered  under  collective  bargaining 
agreements  between  trade  unions  and  employers  within  the  same  economic  sector, 
and  the  wages  set  in  these  agreements  are  significantly  higher  than  the  legislated 
minimum  wage.  The  le^slated  minimum  wage  in  the  Turkish  Cypriot  area,  while 
subject  to  frequent  review  because  of  high  inflation,  was  approximately  $210  per 
month  as  of  mid-year.  This  amount  is  not  adequate  to  support  a  worker  and  family. 
Unskilled  worieers  typically  earn  about  $267  per  month,  which  is  barely  adequate 
to  support  a  family. 

A  significant  percentage  of  the  labor  force  in  the  north  consists  of  illegal  workers, 
mostly  from  Turkey.  According  to  some  estimates,  illegal  workers  constitute  as 
much  as  25  percent  of  the  total  work  force  there.  There  are  frequent  allegations  that 
such  workers  are  subject  to  mistreatment,  including  nonpayment  of  wages  and 
threats  of  deportation. 

In  the  Greek  Cypriot  community,  the  standard  workweek  in  the  private  sector 
averages  of  39  hours  for  white-collar  workers  and  38  hours  for  blue-collar  workers. 
In  the  public  sector,  it  is  37V2  hours  during  the  winter  and  35  hours  in  the  summer. 
In  the  Turkish  Cypriot  community,  the  standard  workweek  is  38  hours  in  winter 
and  36  hours  in  summer.  Labor  inspectors  effectively  enforce  these  laws. 

Steps  were  taken  during  the  year  to  improve  health  and  safety  standards  in  the 
workplace  in  the  government-controlled  area.  On  January  1,  a  law  took  effect  har- 
monizing health  and  safety  standards  with  those  in  the  European  Union  (EU).  The 
new  law  incorporates  EU  principles  and  standards  for  health  and  safety  in  the 
workplace  and  complies  fully  with  the  ILO  Convention  of  1981  on  occupational 


1054 

health  and  safety.  A  second  law  entered  into  effect  on  November  1,  requiring  em- 
ployers to  provide  liability  insurance  coverage  for  worii -related  injuries. 

Occupational  safety  and  health  regulations  are  administered  at  best  sporadically 
in  the  Turkish  Cypriot  area.  In  both  areas,  factory  inspectors  process  complaints 
and  inspect  businesses  in  order  to  ensure  that  occupational  safety  laws  are  ob- 
served. Turkish  Cypriot  workers  who  file  complaints  do  not  receive  satisfactory  legsil 
protection  and  may  face  dismissal. 


CZECH  REPUBLIC 

The  Czech  Republic  is  a  parliamentary  democracy.  At  year's  end,  an  orderly  tran- 
sition was  under  way  to  form  a  new  government  following  the  November  resignation 
of  the  minority  coalition  government  led  by  Prime  Minister  Vaclav  Klaus,  which  was 
formed  after  the  June  1996  parliamentary  elections.  In  mid-December,  Josef 
Tosovsky  was  named  interim  Prime  Minister,  and  in  January  1998  he  was  sworn 
in.  The  bicameral  Parliament  elects  the  President  for  a  5-year  term.  The  country 
has  essentially  completed  the  reform  of  political  and  economic  structures  initiated 
after  the  1989  "velvet  revolution."  President  Vaclav  Havel  is  an  internationally  rec- 
ognized advocate  of  human  rights  and  social  justice;  he  was  elected  to  a  second  5- 
year  term  in  January  1998.  The  judiciary  is  independent. 

The  Ministry  of  the  Interior  oversees  the  police.  The  civilian  internal  security 
service,  known  as  the  Security  and  Information  Service  (BIS),  is  independent  of 
ministry  control  but  reports  to  Parliament  and  the  Prime  Minister's  office.  Police 
and  BIS  authorities  generally  observe  constitutional  and  legal  protection  of  individ- 
ual rights  in  carrying  out  their  responsibilities.  However,  there  were  occasional  re- 
ports of  abuses  by  some  members  of  the  police. 

The  Czech  Republic  has  a  market-based  economy,  with  over  two-thirds  of  gross 
domestic  product  (GDP)  produced  by  the  private  sector.  Devastating  floods  in  July 
may  reduce  growth  but  could  force  increased  investment  and  industrial  restructur- 
ing. Although  external  imbalances  caused  a  10  percent  depreciation  of  the  currency 
in  May,  macroeconomic  indicators  remain  favorable:  Low  national  debt,  a  low  budg- 
et deficit,  strong  foreign  currency  reserves,  relatively  low  inflation,  and  low  but  ris- 
ing unemployment.  Worsening  trade  and  current  account  deficits  were  financed  by 
strong  capital  inflows.  The  work  force  was  employed  primarily  in  industry,  retail 
trade,  and  construction.  Leading  exports  were  intermediate  manufactured  products 
and  machinery  and  transport  equipment.  GDP  per  capita  reached  approximately 
$5,100. 

The  Government  generally  respected  the  human  rights  of  its  citizens.  Popular 
prejudice  and  skinhead  violence  against  Roma  remain  problems.  The  discriminatory 
impact  of  the  1993  citizenship  law  was  mitigated  by  the  constructive  implementa- 
tion of  a  1996  amendment,  although  other  problems  with  citizenship  persist.  There 
is  some  violence  against  women.  The  law  on  lustration  (screening)  forbids  certain 
pre-1989  Communist  officials  and  secret  police  collaborators  from  holding  certain 
positions.  A  law  criminalizing  defamation  of  the  presidency  was  abolished. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Torture  is  prohibited  by  the  Constitution,  and  there  were  no  reports  of  such  prac- 
tices. 

The  police  have  undergone  significant  restructuring,  and  many  new  officers  have 
joined  the  force  since  the  1989  revolution.  However,  police  approval  ratings  re- 
mained rather  low  in  public  opinion  polls.  Recorded  incidents  of  crime  by  police  have 
risen  in  recent  years.  There  have  been  reports  of  police  shakedowns,  physical  abuse, 
and  malfeasance,  often  directed  at  foreigners  and  Roma. 

In  March  the  Prague  1  district  court  dismissed  a  charge  of  abuse  of  public  office 
against  the  leader  of  a  1996  pwlice  action  at  a  Prague  rock  club,  during  which  some 
60  police  officers  injured  several  concertgoers  with  truncheons.  The  court  found  him 
to  be  merely  insubordinate  and  left  the  police  administration  to  handle  the  matter 
internally. 


1055 

The  investigation  continues  into  the  1996  case  of  a  policeman  charged  with  abuse 
of  public  office  in  connection  with  a  police  action  in  1995,  when  the  Bmo  police  al- 
legedly used  excessive  force  in  breaking  up  a  late-night  party  outside  a  theater. 

Some  cases  of  torture  from  the  Communist  era  have  reached  the  courts  through 
the  efforts  of  the  Office  for  the  Documentation  and  Investigation  of  the  Crimes  of 
Communism  (UDV — see  Section  I.e.).  In  the  first  conviction  of  its  kind  since  1989, 
a  Bmo  court  sentenced  85-y8ar-old  former  secret  police  agent  and  prison  guard 
Jaroslav  Daniel  in  May  to  5  years'  imprisonment  for  his  brutality  toward  prisoners 
in  the  period  from  1948  to  1967.  In  addition,  three  former  secret  police  investiga- 
tors, including  the  father  of  the  current  chairman  of  the  Communist  party,  have 
been  charged  with  abuse  of  public  office  in  a  similar  case. 

Prison  conditions  meet  minimum  international  standards.  There  is  overcrowding 
in  some  prisons.  According  to  the  prison  authority,  as  of  June  the  prison  system  was 
at  112  percent  of  capacity,  and  8  of  the  country's  33  prisons  were  25  percent  or  more 
over  capacity. 

The  Government  permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest  and 
detention,  and  the  Government  observes  this  prohibition  in  practice.  PoUce  may  hold 
persons  without  charge  for  no  more  than  24  hours,  during  which  they  have  the  right 
to  counsel.  The  24-hour  rule,  enshrined  in  the  Charter  of  Basic  Rights  and  Free- 
doms, was  reaffirmed  by  a  Constitutional  Court  decision  early  in  the  year.  Pre- 
viously, the  police  and  many  courts  had  interpreted  two  separate  statutes  to  allow 
the  police  an  aggregate  48  hours  to  turn  a  susp)ect  over  to  a  court  for  arraignment. 

The  lack  of  experienced  police  investigators,  combined  with  a  still-evolving  legal 
environment,  has  contributed  to  a  backlog  of  court  cases.  Under  the  law,  pretrial 
detention  may  last  as  long  as  4  years,  with  periodic  judicial  review,  for  criminal 
charges.  If  the  court  does  not  approve  continued  detention  at  any  of  the  legally-man- 
dated review  dates,  the  suspect  must  be  released.  In  practice  few  suspects  are  held 
for  longer  than  2  years.  A  possible  precedent  was  set  in  late  1996  by  the  Constitu- 
tional Court,  which  ruled  that  any  period  of  time  in  which  the  accused  used  delay- 
ing tactics  to  prevent  his  case  from  reaching  trial  would  not  count  toward  the  4- 
year  limit.  In  the  case  at  hand,  the  accused  repeatedly  changed  lawyers  as  the  4- 
year  limit  was  approaching.  The  law  does  not  allow  bail  for  certain  serious  crimes. 
A  suspect  may  petition  the  appropriate  investigating  authorities  at  any  time  for  re- 
lease from  detention.  Since  1989  the  average  length  of  pretrial  detention  has  in- 
creased from  89  to  212  days  in  1997,  although  that  figure  has  been  decreasing 
slightly  since  1995.  According  to  the  prison  service,  approximately  35  percent  of 

Prisoners  are  currently  awaiting  trial  or  sentencing,  down  from  39  percent  in  1996. 
ttomey  and  family  visits  are  permitted.  The  authorities  follow  these  guidelines  in 
practice. 

The  law  prohibits  exile,  and  the  Government  observes  this  prohibition  in  practice. 
However,  police  can  and  do  expel  to  Slovakia  "Slovaks"  without  proper  citizenship 
or  residency  papers. 

e.  Denial  Of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  it  is  impartial  and  independent  in  practice.  Judges  are  not  fired  or  trans- 
ferred for  political  reasons. 

The  court  system  consists  of  district,  regional,  and  high  courts.  The  Supreme 
Court  is  the  highest  court  of  appeal.  In  addition,  a  Constitutional  Court  rules  sepa- 
rately on  the  constitutionality  of  legislation.  The  shortage  of  qualified  judges  has 
been  largely  overcome  by  the  hiring  of  new  personnel. 

The  law  stipulates  that  persons  charged  with  criminal  offenses  are  entitled  to  fair 
and  open  public  trials.  They  have  the  right  to  be  informed  of  their  legal  rights  and 
of  the  charges  against  them,  to  consult  with  counsel,  and  to  present  a  defense.  The 
State  provides  lawyers  for  indigent  defendants  in  criminal  and  some  civil  cases 
througn  the  bar  association.  According  to  the  International  Helsinki  Committee, 
many  eligible  parties  fail  to  complete  the  process  of  applying  for  such  representation 
because  it  is  demanding.  Defendants  enjoy  a  presumption  of  innocence  and  have  the 
right  to  refuse  to  testify  against  themselves.  They  may  appeal  any  judgments 
against  them.  The  authorities  observe  these  rights  in  practice. 

In  June  a  student  won  a  court  case  against  the  Interior  Ministry  related  to  the 
presumption  of  innocence.  The  Ministry  was  investigating  the  student  as  a  suspect 
in  a  1992  attempt  on  the  life  of  the  chairman  of  the  Communist  Party  by  a  masked 
assailant.  In  speaking  with  the  press  about  the  case,  the  police  referred  to  the  stu- 
dent as  the  perpetrator  and  not  as  a  suspect.  The  court  ordered  the  Ministry  to 
apologize  to  the  student  and  pay  him  damages  of  about  $4,440  (150,000  Kcs).  The 
Ministry  may  appeal  to  the  relevant  High  Court. 

The  1991  lustration  law  barred  many  former  Communist  Party  officials,  members 
of  the  people's  militia,  and  suspected  secret  police  collaborators  from  holding  a  wide 


1056 

range  of  elective  and  appointive  offices,  including  appointive  positions  in  state- 
owned  companies,  academia,  and  the  media  for  a  period  of  5  years.  In  1995  Par- 
liament extended  the  law  to  the  year  2000,  overriding  a  veto  by  President  Havel. 
Some  other  employers  also  have  required  applicants  to  produce  lustration  certifi- 
cates proving  noncollaboration. 

According  to  the  Interior  Ministry,  about  15,000  requests  for  lustration  certificates 
were  received  in  1997,  bringing  the  total  since  1991  to  316,000.  Some  3.3  percent 
of  applicants  were  denied  because  of  suspected  collaboration.  Those  who  have  been 
denied  may  file  a  civil  suit  against  the  Interior  Ministry  for  a  charge  similar  to  slan- 
der. In  the  period  from  mid-October  1996  to  September  1997,  31  such  suits  were 
filed.  Of  these  31  suits,  about  half  of  those  decided  to  date  were  "fully  successful," 
and  another  quarter  have  been  "partially  successful." 

Defenders  of  the  lustration  law  argue  that  individuals  who  systematically  de- 
stroyed the  lives  of  others  in  order  to  gain  advantages  for  themselves  within  the 
Communist  system  should  not  be  entrusted  with  high  state  responsibilities.  The 
screening  process  has  been  criticized,  however,  because  it  is  based  on  the  records 
of  the  Communist  secret  police,  records  many  suspect  were  incomplete  or  unreliable. 
The  law  also  has  been  criticized  as  a  violation  of  human  rights  principles  prohibit- 
ing discrimination  in  employment  and  condemning  collective  guilt.  Many  of  those 
uiyustly  accused  of  collaboration  believe  that  they  have  suffered  diminished  career 
prospects  and  damaged  personal  reputations.  In  August  the  Agenda  2000  report  by 
the  European  Union  noted  the  law's  continuing  existence  with  concern,  as  did  a  del- 
egation from  the  Parliamentary  Assembly  of  the  Council  of  Europe  in  September. 

A  1993  law  defining  the  pre-1989  Communist  regime  as  criminal  and  lifting  the 
statute  of  limitations  for  crimes  committed  by  the  Communist  Party  of  Czecho- 
slovakia during  its  40-year  rule  remained  in  effect,  although  it  has  led  to  few  convic- 
tions. The  government  office  responsible  for  prosecuting  cases  under  this  law  de- 
scribes its  workload  as  consisting  primarily  of  cases  of:  Torture  (see  Section  I.e.); 
border  shootings;  treason  connected  with  the  1968  Warsaw  Pact  invasion  of  Czecho- 
slovakia; and  state  persecution  of  opponents  of  the  Communist  regime.  The  anti- 
Communist  law  was  upheld  by  the  Constitutional  Court  in  1993. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — Elec- 
tronic surveillance,  the  tapping  of  telephones,  and  interception  of  mail  require  a 
court  order.  The  Government  complied  with  this  requirement  in  practice. 

In  January  the  Intelligence  Oversight  Committee  in  the  ChanJber  of  Deputies  sec- 
onded President  Havel's  rejection  of  charges  by  the  speaker  of  that  body  (and  leader 
of  the  main  opposition  party)  that:  There  was  collusion  between  the  BIS  and  the 
Interior  Ministry;  the  secret  services  were  following  politicians;  and  (therefore)  there 
were  tendencies  toward  a  police  state  in  the  Czech  Republic.  The  speaker  based  his 
charges  on  alleged  internal  documents  from  the  intelligence  agency,  which  were 
later  found  to  be  forgeries.  Neither  the  President  nor  the  Parliament  found  evidence 
of  serious  infractions  by  BIS  agents.  Press  commentary  generally  dismissed  the 
charges  as  politically  motivated. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  freedom  of  speech  and  the 
press,  and  the  Government  respects  this  right  in  practice.  Individuals  can  and  do 
speak  out  on  political  issues  and  freely  criticize  the  Government  and  public  figures. 

In  September  the  President  signed  into  law  a  measure  revoking  a  36-year-old 
statue  on  the  "defamation"  of  the  President,  effective  in  January  1998.  Such  action 
had  been  punishable  by  prison  terms  of  up  to  2  years.  In  practice,  the  few  persons 
convicted  received  suspended  sentences.  President  Havel  routinely  pardoned  those 
convicted  under  the  law  when  they  requested  it  or  when  his  ofTice  learned  of  their 
cases.  A  separate  law  on  the  defamation  of  the  republic  remains  in  effect,  and  three 
people  were  convicted  of  this  charge  in  1996  (the  last  year  for  which  statistics  are 
available). 

A  wide  variety  of  newspapers,  magazines,  and  journals  publish  without  govern- 
ment interference.  The  capital,  Prague,  is  home  to  at  least  a  dozen  daily  newspapers 
with  national  distribution,  as  well  as  a  variety  of  entertainment  and  special  interest 
newspapers  and  magazines.  These  publications  are  owned  by  a  vanety  of  Czech  and 
foreign  investors. 

The  electronic  media  are  independent.  There  are  4  television  stations,  2  public 
and  2  private,  and  more  than  60  private  radio  stations  in  addition  to  Czech  Public 
Radio.  The  leading  television  channel.  Nova,  is  privately  owned,  partially  by  foreign 
investors.  In  addition,  many  viewers  have  access  to  foreign  broadcasts  via  satellite 
and  cable. 


1057 

A  parliamentaiy  commission  has  broad  oversidit  and  power  to  approve  or  reject 
candidates  for  the  Television  and  Radio  Council.  The  Council  has  linuted  regulatory 
responsibility  for  policymaking  and  answers  to  the  parliamentary  media  committee. 
The  Council  can  issue  and  revoke  radio  and  television  licenses  and  monitors  pro- 
gramming. By  year's  end,  Parliament  had  not  yet  voted  on  two  long-delayed  media 
laws:  one  for  print  and  one  for  broadcast  media.  The  Communist-era  print  law  does 
not  afRrm  the  right  of  journalists  to  protect  their  sources  nor  ensure  the  freedom 
of  information,  and  the  1991  broadcast  law  did  not  envision  private  media. 

In  April  an  accredited  journalist  and  advocate  of  Tibetan  independence  was  de- 
nied access  to  a  press  conference  given  by  the  Chinese  Deputy  Premier  and  hosted 
at  the  Ministry  of  Industry  and  Trade.  In  response  the  Czech  Helsinki  Committee 
called  for  reform  of  the  1966  press  law  to  ensure  journalists'  unhindered  access  to 
information.  There  is  no  evidence  of  a  pattern  of  such  exclusions  by  authorities. 

The  law  provides  for  academic  freedom  but  also  forbids  activities  by  established 
political  parties  at  universities. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  the  right 
of  persons  to  assemble  peacefully.  Permits  for  some  public  demonstrations  are  re- 
quired by  law  but  are  rarely  refused.  However,  the  law  forbids  political  party  activ- 
ity at  universities  (see  Section  2. a.).  Police  generally  do  not  interfere  with  sponta- 
neous, peaceful  demonstrations  for  which  organizers  lack  a  permit. 

The  ri^t  of  persons  to  associate  freely  and  to  form  political  parties  and  move- 
ments is  provided  for  by  law,  and  the  Government  respected  this  right  in  practice. 
Either  the  Government  or  the  President  may  submit  a  proposal  to  the  Supreme 
Court  calling  for  a  political  party  to  be  disbanded,  but  there  have  been  no  such  cases 
since  1989.  Organizations,  associations,  foundations,  and  political  parties  are  re- 

Suired  to  register  with  local  officials  or  at  the  Interior  Ministry,  but  there  is  no  evi- 
ence  that  this  registration  is  either  coercive  or  arbitrarily  withheld.  In  September 
a  draft  report  to  the  Cabinet  by  the  Minister  without  Portfolio  called  upon  tne  Inte- 
rior Ministry  to  reexamine  the  official  registrations  of  organizations  propagating  ra- 
cial hatred  or  fascism,  but  no  action  has  been  taken  to  date.  The  Communist  Party 
is  represented  in  the  Parliament  and  in  local  government. 

c.  Freedom  of  Religion. — The  law  provides  for  religious  freedom,  and  the  Govern- 
ment respects  this  right  in  practice.  The  State  provides  funding  to  all  religions  that 
are  registered  with  the  Ministry  of  Culture.  There  are  currently  21  registered 
churches.  Under  a  1991  law,  a  church  wishing  to  register  for  the  first  time  must 
have  at  least  10,000  adult  members,  although  cnurches  registered  prior  to  this  date 
were  not  required  to  meet  this  condition.  Unregistered  religious  groups,  such  as  the 
small  Muslim  minority,  are  legally  unable  to  own  community  property,  although 
they  are  otherwise  free  to  assemble  and  worship  in  the  manner  of^ their  choice.  Their 
members  can  and  do  issue  publications  without  interference. 

One  Christian  political  party,  the  Christian  Democratic  Union-Czechoslovak  Peo- 
ple's Party  (KDU-CSL),  is  a  member  of  the  governing  coalition. 

In  July  the  Government  pledged  roughly  $600,000  to  a  new  Czech-Slovak-Israeli 
foundation  to  compensate  for  gold  taken  from  Jewish  Slovaks  during  World  War  II. 
The  amount  represents  the  Czech  share  of  gold  that  ended  up  as  part  of  the  gold 
reserves  of  the  former  Czechoslovakia  and  was  divided  along  witn  other  federal 
property  on  a  2:1  basis  during  the  1992-93  split  of  the  Czechoslovak  federation. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  are  no  restrictions  on  domestic  or  foreign  travel,  emigration,  and 
repatriation.  Czechs  who  emigrated  during  the  period  of  Communist  rule  frequently 
return  to  visit,  or  even  to  settle,  and  are  able  to  regain  Czech  citizenship  if  they 
wish,  although  to  do  so  they  must  relinquish  their  claim  to  any  foreign  citizenship. 
Citizenship  is  not  revoked  for  political  reasons.  Nonetheless,  the  United  Nations 
High  Commissioner  for  Refugees  (UNHCR)  has  expressed  concern  to  the  Govern- 
ment that  its  1993  citizenship  law  has  created  a  proolem  of  statelessness,  especially 
among  Roma  (see  Section  5). 

The  Government  provides  first  asylum  and  cooperates  with  the  UNHCR  and  other 
humanitarian  organizations  in  assisting  refugees.  Most  migrants  used  the  Czech  Re- 

ftubUc  as  a  transit  route  toward  the  West;  however,  the  country  is  becoming  the 
inal  destination  for  increasing  numbers.  There  are  four  reception  centers  for  asy- 
lum seekers,  six  integration  centers  for  recognized  refugees,  and  one  humanitarian 
center  for  Bosnians  under  temporary  protection,  which  was  closed  in  September. 
Nongovernmental  organizations  (NGO's)  work  closely  with  the  Interior  Ministry  to 
ease  the  refugees'  transition  into  society. 

Asylum  seekers  filed  1,198  applications  for  asylum  in  the  first  8  months  of  1997 
(latest  available  statistics),  compared  with  1,033  for  the  same  periods  in  1996.  The 
most  numerous  countries  of  origin  during  the  most  recent  8-month  period  were  Bul- 
garia, Iraq,  Afghanistan,  and  Romania.  The  acceptance  rate  held  steady  at  4.7  per- 


1058 

cent.  In  recent  years,  Bulgarians  and  Romanians  made  were  the  most  frequent  ap- 
plicants for  asylum. 

The  Government  discontinued  temporary  protection  for  Bosnian  refugees  on  Sep- 
tember 30.  After  that  date,  Bosnians  could  still  remain  in  the  country  with  long- 
term  or  permanent  residency  or  with  formally  recognized  refugee  status.  According 
to  the  Interior  Ministry,  as  of  June,  1,122  Bosnians  had  obtained  either  long-term 
or  permanent  residency.  In  September  there  were  oflicially  193  Bosnians  under  tem- 
porary protection  in  humanitarian  centers  and  approximately  300  living  under  other 
arrangements.  An  unknown  number  remain  in  the  country  illegally. 

Voluntary  repatriation  of  Bosnian  refugees  began  in  July  1996.  Approximately 
190  Bosnians  returned  to  their  homeland  on  two  flights  specially  chartered  by  the 
Government  in  August  and  September.  From  February  through  August  the  Interior 
Ministry  operated  an  information  center  for  Bosnian  refugees  seeking  information 
on  voluntary  repatriation.  The  Government  gives  each  returnee  a  resettlement  sti- 
pend and  subsidizes  nongovernmental  organizations  (NGO's)  that  construct  housing 
in  Bosnia-Herzegovina  for  returning  refugees. 

The  Government  continued  to  devote  increased  attention  to  illegal  migration  into 
the  country  and  took  steps  with  its  neighbors  to  control  the  movement  of  people 
across  its  borders.  The  Czech  Republic  has  signed  readmission  agreements  with  all 
of  the  country's  neighbors  and  with  Hungary,  Romania,  and  Canada.  There  were  no 
reports  of  the  forced  return  of  persons  to  a  country  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government  by 
democratic  means,  and  citizens  exercise  this  right  in  practice.  Citizens  over  the  age 
of  18  are  eligible  to  vote  by  secret  ballot  in  republic-wide  and  local  elections.  Opposi- 
tion groups,  including  political  parties,  function  openly  and  participate  without  hin- 
drance in  the  political  process.  Former  Czechoslovaks  who  elected  representatives 
to  the  Czech  National  Assembly  in  1992  and  whose  current  citizenship  status  is  un- 
clear, especially  Roma,  continue  to  lack  voting  rights  (see  Section  5). 

The  minority  government  of  Prime  Minister  Vaclav  Klaus  resigned  in  November, 
and  a  new  government  was  being  formed  at  year's  end.  In  addition  to  the  two  right- 
ist and  one  centrist  parties  that  formed  the  outgoing  coalition,  there  are  also  two 
left-of-center  opposition  parties  and  one  party  of  the  radical  right.  The  Constitution 
mandates  elections  to  Parliament  at  least  every  4  years,  based  on  proportional  rep- 
resentation in  eight  large  electoral  districts.  There  is  a  5-percent  threshold  for  par- 
ties to  enter  Parliament.  The  President,  who  is  elected  by  Parliament,  serves  a  5- 
year  term.  The  President  has  limited  constitutional  powers  but  may  use  a  suspense 
veto  to  return  legislation  to  Parliament,  which  can  then  override  that  veto  by  a  sim- 
ple majority. 

There  are  no  restrictions,  in  law  or  in  practice,  on  women's  participation  in  poli- 
tics. Nevertheless,  relatively  few  women  hold  high  public  office.  One  of  the  16  cabi- 
net ministers  in  the  pre-November  Government  and  two  in  the  Government  named 
in  January  1998  were  women.  The  200-member  Parliament  includes  29  female  dep- 
uties, including  1  deputy  speaker.  Nine  women  are  senators  in  the  81-member  Sen- 
ate; 1  of  the  Senate's  4  vice  chairmen  is  a  woman. 

No  seats  are  reserved  in  either  house  for  ethnic  minorities.  Slovaks,  of  whom 
there  are  an  estimated  300,000,  are  almost  all  "Czechoslovaks"  who  elected  to  live 
in  the  Czech  republic  after  the  split.  Many  serve  in  high  positions  in  the  civil  serv- 
ice. For  the  most  part,  these  Slovaks  define  their  interests  in  the  context  of  Czech 
politics,  not  along  ethnic  lines;  there  is  no  Slovak  party  in  the  Parliament. 

In  contrast,  many  of  the  estimated  200,000  to  250,000  Roma  have  not  been  fully 
integrated  into  society  (see  Section  5).  The  political  culture  generally  defines  Roma 
as  outsiders.  Roma  themselves  have  not  united  behind  a  program  or  set  of  ideals 
that  would  enable  them  to  advance  their  interests  in  the  democratic  structures  of 
the  country.  A  few  Roma  serve  in  local  government  structures,  and  some  have  been 
appointed  to  advisory  positions  in  government  ministries.  There  are  currently  no 
Romani  representatives  in  the  Parliament;  no  seats  are  reserved  for  ethnic  minori- 
ties. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Human  rights  groups  operate  without  government  restriction,  and  government  of- 
ficials are  generally  cooperative  and  somewhat  responsive  to  their  views.  The  best- 
known  human  rights  groups  are  the  Czech  Helsinki  Federation  and  the  Tolerance 
Foundation   (really   an  umbrella  organization),   but   there   are   many   single-issue 


1059 

groups  that  do  eqpally  important  work.  The  presidency  of  former  dissident  and 
human  rights  monitor  Vaclav  Havel  serves  as  an  important  symbol  for  these  groups. 
In  each  house  of  Parliament  there  is  a  petition  committee  for  human  rights  and 
nationalities,  which  includes  a  subcommittee  for  nationalities.  A  government-spon- 
sored Council  for  Nationalities  advises  the  Cabinet  on  minority  affairs.  In  this  body, 
Slovaks  and  Roma  have  three  representatives  each;  Poles  and  Germans,  two  eacn; 
and  Hungarians  and  Ukrainians,  one  each.  There  is  also  a  government  commission 
staffed  by  members  of  the  NGO  and  journalist  communities  that  monitors  intereth- 
nic  violence.  In  September  the  Government  agreed  to  create  a  new  commission  for 
Romani  affairs,  which  is  to  advise  the  Government.  Observers  believe  that  the  com- 
mission offers  a  significant  opportunity  to  enhance  the  dialog  between  the  Govern- 
ment and  the  Romani  community. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  provides  for  the  equality  of  citizens  and  prohibits  discrimination.  Health 
care,  education,  retirement,  and  other  social  services  generally  are  provided  without 
regard  to  race,  sex,  religion,  disability,  or  social  status.  In  practice  Roma  face  dis- 
crimination in  such  areas  as  education,  job  opportunity,  and  housing. 

Women. — The  true  extent  of  violence  against  women  is  unknown,  and  public  de- 
bate about  it  is  rare,  despite  the  efforts  of  a  handiul  of  women's  groups  to  bring 
the  nroblem  to  the  attention  of  the  public.  The  press  occasionally  reported  on  the 
problem  of  violence  against  women  and  trafficking  in  prostitutes.  Available  studies 
indicate  that  11  to  19  percent  of  Czech  women  report  that  they  have  experienced 
sexual  violence  at  the  hands  of  their  husbands  or  partners.  According  to  some  legal 
experts,  there  is  an  unspoken  understanding  in  the  court  system  that  spousal  abuse 
should  be  prosecuted  as  a  crime  only  if  a  doctor  determines  that  the  victim's  condi- 
tion warrants  medical  treatment  for  7  days  or  more.  Since  1989  official  police  statis- 
tics have  recorded  500  to  800  rape  cases  per  year,  and  approximately  80  percent 
of  the  cases  are  solved.  A  study  by  the  Sexology  Institute  found  that  only  3  percent 
of  rape  victims  report  the  crime.  Gender  studies  exp)erts  say  that  women  are 
ashamed  to  speak  about  rape  and  that  the  police  are  not  equipped  to  help,  either 
by  attitude  or  training.  There  are  state -supported  shelters  that  accept  women  in 
most  major  cities  and  towns.  According  to  NGO's,  the  situation  has  improved  in  re- 
cent years,  but  there  are  still  not  enough  spaces  to  meet  the  demand. 

Prostitution  is  legal,  although  a  1995  amendment  to  the  law  on  communities  pro- 
vides for  its  regulation  by  local  authorities.  Under  the  Penal  Code,  traflicking  in 
prostitutes  is  punishable  by  a  prison  term  of  up  to  8  years  (up  to  12  years  ii  the 
victim  is  under  the  age  of  15).  According  to  the  police  unit  responsible  for  fighting 
organized  crime,  the  Czech  Republic  is  also  a  transit  country  for  traffickers  in 
women.  In  February  a  Czech  national  who  is  a  known  trafficker  in  women  was  de- 
tained in  Austria.  In  March  police  detained  a  Ukrainian  who  was  trafficking  in 
Ukrainian  women  in  a  brothel  in  western  Bohemia.  A  credible  NGO  that  follows 
this  problem  has  concluded  that  the  country  is  increasingly  becoming  a  destination 
for  many  prostitutes  from  farther  east. 

Women  are  equal  under  the  law  and  in  principle  receive  the  same  pay  for  the 
same  job.  Women  were  relatively  successful  in  taxing  advantage  of  the  post-1989 
transformation,  due  to  the  absence  of  social  upheaval  and  low  unemployment. 
Women  have  made  deep  inroads  into  the  private  sector  since  1989,  and  the  number 
in  agricultural  work  has  fallen  by  50  percent  over  the  last  decade.  Women  have 
steadily  represented  roughly  half  of  the  labor  force  over  the  same  period,  although 
they  are  concentrated  in  professions  in  which  the  median  salary  is  low.  According 
to  a  1996  survey  of  employers  by  the  Ministry  of  Labor,  women's  median  wages 
lagged  behind  those  of  men  by  roughly  25  percent  in  1996  (a  private  survey  pro- 
duced comparable  results),  although  the  gap  is  narrowing.  Women  enjoy  equal  prop- 
erty, inheritance,  and  other  rights  with  men. 

Children. — The  Government  is  committed  to  children's  welfare  through  programs 
for  health  care,  compulsory  education  through  the  age  of  15  (through  the  age  of  14 
in  special  schools)  and  basic  nutrition.  Girls  and  boys  enjoy  equal  access  to  health 
care  and  education  at  all  levels. 

Child  abuse  and  trafficking  in  children  continued  to  receive  occasional  press  at- 
tention in  1997.  Since  1990  the  number  of  reported  cases  of  child  abuse  has  roughly 
doubled;  this  increase  appears  to  be  the  result  of  an  increased  awareness  of  the 
problem.  According  to  a  special  envoy  of  the  U.N.  Human  Rights  Commission  who 
visited  in  1996,  there  is  no  evidence  of  a  societal  pattern  of  child  abuse.  A  children's 
crisis  center  was  founded  in  1995  and  is  70  percent  state  supported.  According  to 
its  director,  around  1  percent  of  children  are  neglected,  mistreated,  or  sexually 
abused,  but  only  about  one  tenth  of  all  cases  are  registered  by  the  police.  In  Novem- 


1060 

ber  the  police  arrested  several  individuals  suspected  of  using  minors  to  produce  por- 
nography. 

Komani  children  are  often  relegated  to  "special  schools"  for  the  mentally  handi- 
capped and  sociaUy  maladjusted.  Both  a  government  program  and  various  private 
imtiatives  exist  to  prepare  Romani  children  for  mainstream  schools  (see  Section  on 
National/Racial/Ethnic  Minorities  below). 

People  With  Disabilities. — The  disabled  suffer  disproportionately  from  unemploy- 
ment, and  the  physically  disabled  have  unequal  access  to  education,  especially  in 
rural  areas.  This  is  less  the  result  of  government  policy  than  of  a  lack  of  barrier- 
free  access  to  public  schools.  Most  buildings  and  public  transportation  are  inacces- 
sible to  those  in  wheelchairs.  However,  a  1994  Economic  Ministry  reflation  re- 
quires architects  to  ensure  adetjuate  access  for  the  disabled  in  new  building  projects, 
and  this  regulation  is  applied  in  practice.  Businesses  in  which  60  percent  or  more 
of  the  emplovees  are  disabled  qualify  for  special  tax  breaks.  Government  benefits 
for  the  disabled  are  being  streamlined.  Numerous  NGO's  are  actively  working  to  di- 
minish the  disadvantages  faced  by  the  disabled.  The  integration  of  the  disabled  into 
society  has  not  been  the  subject  of  significant  policy  or  public  debate.  There  is  one 
disabled  Member  of  Parliament. 

Religious  Minorities. — Religious  groiips  with  10,000  or  more  adult  members  may 
register  with  the  Ministry  of  Culture.  Only  registered  religions  are  eligible  for  state 
subsidies.  The  Jewish  community  constitutes  an  exception,  since  it  was  recognized 
by  the  State  before  1989.  Smaller  groups  lack  a  legal  mechanism  by  which  they  may 
own  community  property  (see  Section  2.c.). 

The  Jewish  community  numbers  a  few  thousand.  There  were  only  isolated  inci- 
dents of  vandalism  against  Jewish  property.  The  police  confirmed  the  existence  of 
over  20  underground  magazines  with  small  circulations  propagating  fascism,  racism, 
and  anti-Semitism. 

The  Pilsen-north  district  court  sentenced  participants  in  a  1996  international 
gathering  of  skinheads  commemorating  the  anniversary  of  Kristallnacht,  a  series  of 
Nazi-inspired  mob  attacks  on  German  Jews  and  their  property  in  1938.  About  700 
people  assembled  in  Kozolupy  near  Pilsen  in  NovemTber  1996  to  hear  skinhead 
Dands  play.  Eight  persons  were  charged  under  a  law  criminalizing  the  public  expres- 
sion of  religious  intolerance  and  obliged  to  pay  fines  ranging  from  roughly  $255  to 
$1,275  (8,0(X)  to  40,000  Kcs);  a  Czech  national  was  also  sentenced  to  community 
work. 

National  / Racial  / Ethnic  Minorities. — After  ethnic  Slovaks,  the  largest  minority  is 
the  Romani  population,  officially  estimated  to  number  approximately  200,0(X).  Roma 
live  throughout  the  country  but  are  concentrated  in  the  industrial  towns  of  northern 
Bohemia,  where  many  eastern  Slovak  Roma  were  encouraged  to  settle  in  the  homes 
of  Sudeten  (Jermans  transferred  to  the  west  more  than  40  years  ago. 

Roma  suffer  disproportionately  from  poverty,  unemployment,  interethnic  violence, 
discrimination,  illiteracy,  and  disease.  They  are  subject  to  deeply  ingrained  popular 
prejudice,  as  is  repeatedly  affirmed  by  public  opinion  polls.  The  State  funds  tele- 
vision and  radio  programs  for  Roma  on  public  stations,  as  well  as  supporting 
Romani  press  publications,  and  in  1997  there  was  more  and  better  information 
available  on  Roma  in  the  mainstream  press  and  other  sources.  However,  efforts  by 
foundations  and  individuals  in  the  education  and  health  fields  to  improve  their  liv- 
ing conditions  have  had  only  minimal  impact.  Romani  leaders  have  had  limited  suc- 
cess thus  far  in  oreanizing  their  local  communities,  which  are  often  disunited  and 
where  many  are  reluctant  to  foster  contacts  with  the  majority. 

Interethnic  violence  is  usually  perpetrated  by  skinheads,  according  to  a  May  re- 
port on  security  by  the  Interior  Ministry.  A  March  report  on  racially  motivated 
crime  in  1996  by  the  Attorney  General's  (Jffice  found  that  Roma  were  the  most  like- 
ly victims  of  such  crimes,  and  that  the  number  of  incidents  continued  to  rise.  This 
may  be  the  result  of  increased  vigilance  against  such  crimes  by  law  enforcement  and 
justice  personnel  since  mid-1995.  Nonetheless,  judges  and  police  officers  have  been 
reluctant  to  ascribe  a  racial  motive  to  anti-Roma  violence,  even  when  skinheads  are 
involved.  For  example,  in  June  a  judge  in  Hradec  Kralove  refused  to  apply  laws  re- 
lating to  racial  motives,  ruling  that  there  could  be  no  such  motives  in  Czech-Roma 
conflicts  because  both  belong  to  the  same,  Indo-European  race.  The  Justice  Ministry 
subsequently  lodged  a  procedural  complaint  with  the  Supreme  Court  related  to  this 
ruling.  Following  the  complaint,  the  Supreme  Court  struck  down  this  interpretation 
of  the  law  in  October  and  returned  the  case  for  a  new  ruling. 

There  were  numerous  incidents  of  violence  or  intimidation  directed  against  Roma. 
In  September  a  gang  of  drunken  men  aged  18  to  24  fired  pistols,  broke  windows, 
and  snouted  "gypsies  to  the  gas  chambers"  in  front  of  a  house  inhabited  by  Roma 
in  Domazlice.  Uuring  that  incident,  one  36-year-old  Romani  woman  died  of  suffo- 
cation during  an  epifeptic  seizure  apparently  brought  on  by  acute  fright.  The  police 


1061 

prepared  charges  against  11  suspects.  In  February  the  regional  court  in  Ostrava 
upheld  an  earlier  sentence  involving  eight  youths  who  had  attacked  and  severely 
beaten  three  Romani  girls  in  Karvina  in  1995.  In  March  the  Ceske  Budejovice  re- 
gional court  found  four  youths  guilty  of  negligence  in  the  death  of  Tibor  Danihel, 
an  18-year-old  Rom  who  drowned  after  a  gang  of  skinheads  forced  him  into  the 
Otava  river  in  Pisek  in  September  1993.  The  court  found  the  crime  to  be  racially 
motivated.  Two  of  the  youths  received  sentences  of  31  months,  a  third  22  months, 
and  the  fourth  a  2-year  suspended  sentence.  In  connection  with  this  case,  a  govern- 
ment minister  criticized  the  generally  careless  worii  of  the  state  administration  in 
investigating  and  prosecuting  racially  motivated  crime,  and  a  prominent  human 
rights  activist  charged  that  such  delays  as  seen  in  the  Danihel  case  contributed  to 
other  criminals'  sense  of  impunity.  In  December  the  Justice  Minister  filed  a  com- 
plaint with  the  Supreme  Court  questioning  whether  the  defendants  were  guilty 
merely  of  negligence  in  Danihel's  death. 

Laws  prohibiting  racist  attacks  (normally  intended  to  protect  minorities)  were 
also  invoked  against  Roma.  In  March  in  Louny,  five  Roma  said  to  be  celebrating 
a  relative's  release  from  prison  attacked  and  shouted  race-related  insults  at  a  group 
of  police  officers  who  had  come  to  investigate  the  disturbance.  The  local  state  attor- 
ney charged  them  with  defamation  of  a  nation/race/creed  in  addition  to  two  other 
charges.  In  April  a  police  investigator  in  Breclav  filed  the  same  charge  against  three 
Roma  who  attacked  two  skinheads.  That  charge  carries  a  penalty  of  up  to  3  years 
in  prison. 

Verbal  attacks  against  Roma  recur  frequently  in  fringe  publications.  Criminal 
charges  were  filed  against  the  editors  of  a  magazine  belonging  to  the  Association 
for  the  Republic-Republican  Party  of  Czechoslovakia  (SPR-RSC),  an  extremist,  far- 
right  political  party  represented  in  the  Parliament  yet  shunned  by  the  democratic 
parties,  for  publishing  offensive  statements  regarding  Roma.  In  one  issue  of  the 
magazine  Roma  were  likened  to  garbage  that  must  be  either  recycled  or  incinerated. 
The  investigation  is  continuing.  Some  members  of  the  mainstream  political  culture 
consistently  condemned  such  statements  when  they  were  made  in  a  public  forum. 

In  the  larger  context,  those  Roma  wishing  to  integrate  face  practical  difficulties 
in  the  areas  of  employment  and  education.  Romani  unemployment  was  estimated 
at  70  percent  in  a  report  prepared  at  the  Government's  request.  According  to  the 
same  report,  many  unemployed  Roma  subsist  on  government  support  or  their  earn- 
ings from  illegal  activities.  Some  employers  refuse  to  hire  Roma  and  explicitly  ask 
local  labor  omces  to  refrain  from  sending  Romani  applicants  for  advertised  posi- 
tions. Most  Roma  are  qualified  only  for  low-paying  jobs  as  manual  laborers,  since 
vew  few  complete  secondary  education. 

Tlie  integration  of  Romani  children  into  mainstream  schools  is  frequently  impeded 
by  language  and  cultural  barriers.  Some  Romani  parents  do  not  send  their  children 
to  school  regularly  for  a  variety  of  reasons,  including  subtle  or  overt  discrimination; 
the  expense  of  books,  supplies,  and  activities;  and  because  some  Romani  parents 
doubt  the  importance  of  education.  According  to  a  1991  study  (the  only  such  study 
available  after  1989)  less  than  20  percent  of  the  self-identified  Romani  population 
in  the  Czech  lands  had  completed  elementary  school  and  less  than  5  percent  had 
completed  high  school.  Such  statistics  provide  only  a  rough  picture  of  the  actual  sit- 
uation, however,  since  a  large  majority  of  Roma  do  not  identify  themselves  as  such 
for  census-takers. 

A  significant  number  of  Romani  children  are  taken  from  mainstream  schools  at 
an  early  age  and  sent  to  study  at  "special  schools"  for  the  mentally  disabled  and 
socially  maladjusted.  According  to  unofficial  estimates  by  Ministry  of  Education  em- 
ployees and  NGO's,  Romani  children  makeup  60  percent  or  more  of  pupils  placed 
in  these  "special  schools,"  although  Roma  are  estimated  to  comprise  only  2  to  3  per- 
cent of  the  population. 

In  1993  the  Government  created  the  framework  for  a  number  of  year-long  pro- 
-ams (so-called  zero  grades)  to  prepare  disadvantaged  youths  for  their  first  year 
m  school.  Many  districts  with  high  concentrations  oi  Roma  participate  in  the  pro- 
gram, which  is  funded  solely  by  local  authorities.  Students'  participation  in  the  zero 
grades  is  voluntary,  which  many  observers  feel  limits  the  program's  effectiveness. 
About  half  of  existing  zero  grades  are  organized  by  special  schools  for  the  mentally 
disabled  and  socially  maladjusted;  the  pupils  in  these  classes  frequently  proceed  di- 
rectly into  the  special  school  curriculum  and  are  thus  never  given  the  opportunity 
to  attend  a  mainstream  school.  Nonetheless,  there  is  anecdotal  evidence  tnat  some 
zero  grades  are  successfully  preparing  disadvantaged  Romani  children  for  main- 
stream schools.  A  number  of  private  initiatives  to  prepare  Romani  children  for 
mainstream  schools  have  also  emerged  in  recent  years,  such  as  those  in  Rokycany, 
Ostrava,  and  elsewhere. 


1062 

Roma  also  face  discrimination  in  housing  and  other  areas  of  everyday  life.  In  July 
a  senator,  also  the  mayor  of  the  Prague  4  district,  praised  one  landlord's  efforts  to 
move  "problem  tenants"  (widely  understood  to  mean  Roma)  to  an  outlying  part  of 
town.  Many  journalists  and  politicians  criticized  these  remarks  for  appearing  to  ad- 
vocate a  policy  of  segregation.  Some  restaurants,  pubs,  and  other  venues  throughout 
the  country  routinely  refused  service  to  Roma  and  posted  signs  prohibiting  their 
entry.  In  some  cases,  local  authorities  intervened  to  have  such  signs  removed. 

In  February  in  the  first  prominent  antidiscrimination  case,  the  Pilsen  regional 
court  annulled  a  1996  decision  that  found  pub  owner  Ivo  Blahout  not  guilty  of  dis- 
criminating against  Romani  patrons,  despite  videotaped  evidence  and  the  incrimi- 
nating testimony  of  two  policemen.  The  case  was  returned  to  a  lower  court  for  re- 
trial. 

In  December  the  Kladno  district  court  found  the  local  deputy  mayor  guilty  of  in- 
citement to  national/racial  hatred  for  closing  the  municipal  swimming  pool  to 
Romani  children  in  July  1996,  fining  him  about  $445  (14,000  Kcs).  At  the  time,  a 
hepatitis  epidemic  was  sweeping  the  town  and  was  particularly  prevalent  among 
Roma,  yet  local  health  officials  stated  that  the  measure  would  not  be  effective  in 
containing  the  outbreak. 

Czech  Roma  claiming  persecution  in  the  Czech  Republic  and  applying  for  refugee 
status  in  Canada  and  Western  Europe  generated  significant  discussion.  In  August 
a  private  television  station  broadcast  a  program  on  Roma  applying  for  refugee  sta- 
tus in  Canada,  portraying  that  country  as  offering  asylees'  a  warm  welcome.  The 
broadcast  spurred  hundreds  of  Roma  to  sell  their  possessions  to  buy  airline  tickets 
to  Canada,  and  many  more  attempted  to  raise  the  money  for  airfare.  Posters  ap- 
peared in  Usti  Nad  LJabem  urging  noma  to  depart  for  Canada  and  offering  material 
assistance.  A  district  mayor  in  the  town  of  Ostrava  offered  to  pay  two-thirds  of  the 
airfare  to  Canada  for  Roma  living  in  her  jurisdiction  if  they  relinquished  the  leases 
on  their  municipal  flats.  That  onicial  was  criticized  sharply  in  press  commentary 
and  by  some  parliamentarians  and  rebuked  mildly  by  her  party.  By  October  over 
1,200  Roma  had  applied  for  refugee  status  in  Canada.  Dozens  of  other  Czech 
Romani  families  applied  for  refugee  status  in  the  UK,  France,  and  elsewhere  in 
Western  Europe. 

Faced  with  this  "exodus"  of  Czech  Roma,  the  Government  deliberated  the  issue 
of  Romani  integration  with  a  renewed  sense  of  urgency.  The  Prime  Minister  met 
with  Romani  representatives,  and  an  ad  hoc  group  convened  by  the  Office  of  the 
Government  prepared  a  report  on  the  Romani  minority  for  the  Cabinet.  In  Septem- 
ber the  Government  approved  the  creation  of  a  new  commission  for  Romani  affairs. 
Government  ministries  also  adopted  numerous,  related  taskings  in  an  effort  to  fos- 
ter Romani  integration,  such  as  expanding  the  "zero  grade"  program,  training  ethnic 
Romani  teaching  assistants  for  public  scnools,  attempting  to  induce  employers  to 
hire  more  Roma,  and  stricter  eniorcement  of  consumer  protection  laws  where  busi- 
nesses refuse  to  serve  Roma.  The  President  and  some  politicians  urged  Roma  not 
to  leave  the  country. 

The  1993  Citizenship  Law  has  been  criticized  by  the  UNHCR  and  the  Council  of 
Europe,  although  its  discriminatory  impact  was  mitigated  by  the  constructive  imple- 
mentation of  an  amendment  in  April  1996.  Under  the  1993  law,  created  at  the  time 
of  the  Czech-Slovak  split,  Czechoslovaks  of  Slovak  nationality  ("Slovaks  ")  were  able 
to  opt  for  Czech  citizenship  until  December  1993  (later  extended  to  June  1994) 
under  conditions  more  favorable  than  those  faced  by  non-Czechoslovaks  in  the  nor- 
mal naturalization  process.  Nonetheless,  "Slovaks"  had  to  present  proof  of  a  clean 
criminal  record  for  the  previous  5  years  and  residency  in  what  is  now  the  Czech 
Republic  for  2  years.  Romani  leaders  and  human  rights  groups  protested  that  these 
provisions  were  designed  to  discriminate  against  Roma,  most  of  whom  were  des- 
ignated as  being  of  Slovak  nationality  by  a  1969  law.  Afler  June  1994,  "Slovaks" 
could  apply  only  for  naturalization,  a  more  stringent  process. 

The  practical  result  of  the  law  was  that  an  unknown  number  of  "Slovaks"  resident 
in  the  Czech  republic  at  the  time  of  the  split — a  great  many  of  them  Roma — found 
themselves  without  Czech  citizenship.  Some  failed  to  meet  the  law's  requirements; 
others  never  applied,  either  out  of  negligence  or  ignorance  of  the  consequences. 
Many  of  these  Roma  were  long-term  residents  of,  or  born  in,  the  Czech  Republic. 
Without  citizenship  or  residency,  these  individuals  do  not  have  the  right  to  work, 
to  health  insurance,  or  to  any  of  the  social  benefits  enjoyed  by  nearly  all  citizens 
and  residents.  "Slovaks"  with  valid  identification  may  claim  Slovak  citizenship  at 
any  time,  although  many  have  no  family,  property,  or  other  ties  in  Slovakia. 

Most  but  not  all  former  Czechoslovaks  living  in  the  Czech  Republic  appear  to 
have  resolved  their  current  citizenship.  The  Interior  Ministry  has  never  given  an 
official  estimate  of  the  number  of  people  without  citizenship,  but  approximately 
3,500  applications  are  currently  pending,  most  of  them  until  proof  of  release  from 


1063 

Slovak  citizenship  is  presented.  The  Citizenship  Project,  an  NGO  sponsored  by  the 
Czech  Helsinki  Committee  that  actively  helps  former  Czechoslovaks  through  the 
citizenship  application  process,  and  which  has  registered  about  3,000  requests  for 
assistance  from  "Slovaks"  applying  for  Czech  citizenship,  states  that  many  more 
have  not  applied  and  that  only  the  Government  is  in  a  position  to  gauge  the  scope 
of  the  problem. 

Responding  to  domestic  and  international  criticism,  the  Government  amended  the 
law  in  1996,  allowing  the  Interior  Ministry  to  waive  the  clean  criminal  record  re- 
quirement for  individual  "Slovaks"  resident  in  what  is  now  the  Czech  Republic  since 
before  the  1993  split.  By  mid-September,  2,077  "Slovaks"  had  applied  for  the  waiver; 
of  these,  2,043  (98.4  percent)  were  successful  and  34  (1.6  percent)  were  denied;  a 
negative  decision  could  be  appealed  to  the  Minister  of  Interior  and  then  to  the 
courts.  Interior  Ministry  policy  was  to  deny  only  those  who  had  committed  serious 
crimes.  In  November  the  Interior  Ministry  pledged  to  grant  the  waiver  to  all  new 
qualified  applicants  as  well  as  to  previously  unsuccessful  waiver  applicants  as  well 
as  to  previously  unsuccessful  waiver  applicants  who  appeal;  however,  six  individuals 
were  who  were  denied  the  waiver  and  subsequently  deported  are  unable  to  appeal 
the  ministry  decision  unless  their  sentence  of  expulsion  is  overturned  by  a  court. 
In  two  of  those  six  cases,  the  Justice  Ministry  issued  a  procedural  complaint  against 
the  sentence  of  expulsion.  The  Government  has  taken  no  steps  to  publicize  its  new 
policy. 

Some  other  practical  problems  have  been  addressed.  For  example,  in  March  the 
Interior  Ministry  agreed  not  to  require  additional  criminal  registry  records  (which 
are  valid  for  only  6  months)  from  prisoners  while  their  citizenship  applications  are 

Sending,  although  it  continued  to  require  them  from  those  in  pretrial  detention, 
[owever,  other  problems  persist.  The  failure  of  one  family  member  to  secure  resi- 
dency or  citizenship  prevents  the  entire  family  from  receiving  certain  social  sub- 
sidies. "Slovak"  applicants  who  have  never  set  foot  in  Slovakia,  even  school-age  chil- 
dren, must  still  obtain  an  official  release  from  Slovak  citizenship.  Police  who  come 
across  "Slovaks"  without  proper  citizenship  or  residency  papers  can  and  do  expel 
them  to  Slovakia.  A  total  of  122  Slovak  citizens  (an  indeterminate  number  of  whom 
had  long-term  ties  to  the  Czech  Republic)  were  expelled  and  189  were  sentenced  to 
"prohibition  of  stay"  in  the  first  hall  of  the  year. 

TTie  Citizenship  Project  sponsored  by  the  Czech  Helsinki  Committee  documented 
over  500  cases  of  minors  in  children's  homes  and  foster  care  arrangements  who  lack 
Czech  citizenship  or  permanent  residency  and  believes  that  there  are  several  hun- 
dred more.  Typically,  the  children  are  ethnic  Roma  who  were  formally  deemed  Slo- 
vak citizens  following  the  Czech-Slovak  split.  All  noncitizen  children  in  foster  care 
may  claim  permanent  residency,  but  this  is  canceled  on  their  release.  Those  who 
are  released  from  foster  care  at  age  18  without  citizenship  or  residency  lack  the 
right  to  work,  register  as  job  seekers  at  local  labor  offices,  claim  social  benefits,  or 
vote,  and  are  believed  more  likely  to  become  involved  in  crime  and  face  deportation. 
Even  in  children's  homes  where  the  directors  take  an  active  interest  in  resolving 
the  problem,  legal  expenses  and  local  bureaucratic  intransigence  present  significant 
barriers.  In  1997  the  Interior  Ministry  cooperated  with  the  Czech  Helsinki  Commit- 
tee to  inform  the  directors  of  state  institutions  about  the  issue. 

Racism  and  discrimination  in  society  were  the  subject  of  increased  attention  dur- 
ing the  year.  The  November  murder  of  a  Sudanese  student  in  Prague  by  a  skinhead 
was  followed  by  significant  antiracism  demonstrations  around  the  country  and  re- 
sulted in  considerable  public  discussion  on  racism  in  Czech  society.  Two  suspects 
were  taken  into  custody  by  year's  end.  Nonwhite  foreigners  continued  to  be  at  risk 
of  physical  violence  and  harassment;  police  and  courts  generally  responded  appro- 
priately. The  Prague  4  district  court  found  a  local  youth  guilty  of  attacking  a  visit- 
ing Japanese  scientist  but  failed  to  establish  a  racial  motive;  the  assailant  had  al- 
legedly mistaken  the  victim  for  a  Vietnamese.  In  June  the  Brno  municipal  court 
found  one  youth  guilty  of  attacking  a  long-term  resident  university  professor  from 
Benin  and  attributed  a  racial  motive  to  the  attack;  the  youth  had  verbally  assaulted 
the  victim  in  a  tram  and  kicked  him  in  the  face  while  wearing  spiked  boots.  In  late 
November  1996  three  youths  from  Olomouc  who  had  attacked  a  Pakistani  student 
were  found  guilty  and  given  suspended  prison  sentences.  In  March  visiting  univer- 
sity lecturer  of  tndian  origin  was  stalked  and  attacked  by  youths;  he  then  left  the 
country  without  filing  charges,  said  by  friends  to  fear  reprisals. 

Approximately  50,000  ethnic  (Jermans  live  in  the  country,  most  of  them  elderly. 
In  July  the  Litomerice  district  court  sentenced  five  members  of  the  far-right  SPK- 
RSC,  including  a  Member  of  Parliament,  to  fines  of  about  $65  to  160  (2,000  to  5,000 
Kcs)  for  intimidation.  Four  of  the  defendants  appealed  their  sentences.  In  1994  they 
disrupted  a  joint  Czech-German  ceremony  at  Terezin  to  honor  those  who  died  dur- 


45-909    98-35 


1064 

ing  the  transfer  of  Ethnic  Germans  out  of  Czechoslovakia  following  World  War  II, 
pelting  participants  with  eggs  and  kicking  wreaths  off  of  graves. 

Also  in  July,  the  leader  of  the  SPR-RSC  party  was  charged  with  inciting  national 
and  racial  hatred  for  anti-German  statements  made  at  a  rally  protesting  the  signing 
of  the  Czech-German  Declaration  in  January.  The  accused  set  a  German  flag  on  fire 
and  said  that  he  regretted  that  too  few  Germans  had  been  killed  during  World  War 
II. 

In  December  Parliament  ratified  the  Council  of  Europe's  Framework  Convention 
for  the  F*rotection  of  national  Minorities  which  is  to  take  effect  in  April  1998. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  provides  workers  with  the  right  to  form  and 
join  unions  of  their  own  choice  without  prior  authorization,  and  the  government  re- 
spects this  ri^t  in  practice.  Union  membership  continued  to  decline  in  1997. 

Most  workers  are  members  of  unions  affiliated  with  the  Czech-Moravian  chamber 
of  trade  unions  (CMKOS).  The  CMKOS  is  a  democratically  oriented,  republic-wide 
umbrella  organization  for  branch  unions.  It  is  not  affiliated  with  any  political  party 
and  carefully  maintains  its  independence. 

Workers  have  the  right  to  strike,  except  for  those  whose  role  in  public  order  or 
public  safety  is  deemed  crucial.  The  law  requires  that  labor  disputes  be  subject  first 
to  mediation  and  that  strikes  take  place  only  after  mediation  efforts  fail. 

In  February  railway  workers  staged  a  48-hour  strike,  later  extended  by  an  addi- 
tional 24  hours,  to  protest  restructuring  plans  that  would  have  resulted  in  signifi- 
cant layoffs.  The  Prague  municipal  court  ruled  the  strike  illegal,  and  that  decision 
was  appealed.  A  deputy  minister  of  transport  was  ousted  during  the  strike. 

In  April  65,000  teachers  waged  a  rolling  strike  calling  for  hi^er  pay.  The  Govern- 
ment and  striking  teachers  agreed  to  a  slight  raise  in  pay  and  a  longer  work  week. 

In  November  as  many  as  100,000  union  members  and  sympathizers  staged  an  or- 
derly demonstration  against  the  Government's  economic  and  social  policy  in 
PrMue's  Old  Town  Square. 

tmions  are  free  to  form  or  join  federations  and  confederations  and  afiiliate  with 
and  participate  in  international  bodies.  This  freedom  was  fully  exercised. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  collec- 
tive bargaining,  which  is  generally  carried  out  by  unions  and  employers  on  a  com- 
pany basis.  The  scope  for  collective  bargaining  is  more  limited  in  the  government 
sector,  where  wages  are  regulated  by  law. 

There  are  11  free  trade  zones.  Their  workers  have  and  practice  the  same  ri^t 
to  organize  and  bargain  collectively  as  other  workers  in  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor,  including  that  performed  by  children,  and  it  is  not  practiced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The 
Labor  Code  stipulates  a  minimum  working  age  of  15  years,  although  children  who 
have  completea  courses  at  special  schools  (schools  for  the  mentally  disabled  and  so- 
cially maladjusted)  may  work  at  the  age  of  14.  These  prohibitions  are  enforced  in 
practice.  The  law  prohibits  forced  or  bonded  labor  by  children,  and  the  Government 
effectively  enforces  this  prohibition  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  Government  sets  minimum  wage  stand- 
ards. The  minimum  wage  is  approximately  $80  (2,500  Kcs)  per  month.  The  mini- 
mum wage  provides  a  sparse  standard  of  living  for  an  individual  worker,  although 
when  combined  with  allowances  available  to  families  with  children,  it  provides  an 
adequate  standard  of  living  for  a  worker  and  a  family.  Retraining  efforts,  carried 
out  by  district  labor  offices,  seek  to  provide  labor  mobility  for  those  at  the  lower  end 
of  the  wage  scale.  Because  of  a  very  tight  job  market  in  most  of  the  country,  the 
enforcement  of  minimum  wage  standards  was  not  an  issue  during  the  year. 

Tlie  law  mandates  a  standard  workweek  of  42V2  hours.  It  also  requires  paid  rest 
of  at  least  30  minutes  during  the  standard  8-  to  8V2-hour  workday,  as  well  as  an- 
nual leave  of  3  to  4  weeks.  Overtime  ordered  by  the  employer  may  not  exceed  150 
hours  per  year  or  8  hours  per  week  as  a  standard  practice.  Overtime  above  this 
limit  may  be  permitted  by  the  local  employment  office.  The  Labor  Ministry  enforces 
standards  for  working  hours,  rest  periods,  and  annual  leave. 

Government,  unions,  and  employers  promote  worker  safety  and  health,  but  condi- 
tions in  some  sectors  of  heavy  industry  are  problematical,  especially  those  awaiting 
Privatization.  Industrial  accident  rates  are  not  unusually  high.  The  Office  of  Labor 
afety  is  responsible  for  enforcement  of  health  and  safety  standards.  Workers  have 
the  right  to  refuse  work  endangering  their  life  or  health  without  risk  of  loss  of  em- 
ployment. 


1065 
DENMARK 

Denmark  is  a  constitutional  monarchy  with  parliamentary  democratic  rule.  Queen 
Margrethe  II  is  Head  of  State.  The  Cabinet,  accountable  to  the  unicameral  Par- 
liament (Folketing),  leads  the  Gfovemment.  A  minority  three-party  coalition  took  of- 
fice in  September  1994  following  national  elections,  but  with  the  December  1994 
withdrawal  of  the  Center  Democrats,  only  the  Social  Democrats  and  Radical  Lib- 
erals remained.  The  judiciary  is  independent. 

The  national  police  have  sole  responsibility  for  internal  security.  The  civilian  au- 
thorities maintain  effective  control  of  the  security  forces. 

Denmark  has  an  advanced,  market-based  industrial  economy.  One-half  of  the 
work  force  is  employed  in  the  public  sector.  The  key  industries  are  food  processing 
and  metal  working;  A  broad  range  of  industrial  goods  is  exported.  The  economy  pro- 
vides residents  with  a  high  standard  of  living. 

The  Government  generally  respects  the  human  rights  of  its  citizens,  and  the  law 
and  judiciary  provide  effective  means  of  dealing  with  instances  of  individual  abuse. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  such  practices,  and  there  were  no  reports  that  officials  employed 
them. 

Prison  conditions  meet  minimum  international  standards,  and  the  Government 
permits  visits  bv  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  jprohibits  arbitrary  arrest,  deten- 
tion, or  exile,  and  the  (jovemment  observes  this  prohibition. 

e.  Denial  of  Fair  Public  Trial. — The  law  provides  for  an  independent  judiciary, 
and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides  citi- 
zens with  a  fair  and  eflicient  judicial  process. 

The  judicial  system  consists  of  a  series  of  local  and  regional  courts,  with  the  Su- 
preme Court  at  the  apex. 

The  law  provides  for  the  right  to  a  fair  trial,  and  an  independent  judiciary  vigor- 
ously enforces  this  right. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
prohibits  such  practices,  government  authorities  generally  respect  these  prohibi- 
tions, and  violations  are  suDJect  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  freedom  of  the  press,  and 
the  Government  respects  this  right  in  practice.  An  independent  press,  an  effective 
judiciary,  and  a  democratic  political  system  combine  to  ensure  ireedom  of  speech 
and  of  the  press,  including  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  religious  freedom,  and  the 
Government  respects  this  right  in  practice.  There  is  religious  instruction  in  the 
schools  in  the  omcial  state  religion,  the  Evangelical  Lutheran  Church,  but  any  stu- 
dent may  without  sanction  be  excused  from  religion  classes  with  parental  permis- 
sion. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice.  The  Government  cooperates  with  the  United  Nations  High  Commis- 
sioner for  Refugees  and  other  humanitarian  organizations  in  assisting  refugees.  The 
Government  provides  first  asylum  (and  provided  it  to  approximately  5,896  persons 
in  1996  and  5,101  in  1997).  There  were  no  reports  of  forced  expulsion  of  refugees 
to  a  country  where  they  feared  persecution  or  of  those  having  a  valid  claim  to  refu- 
gee status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  law  provides  citizens  with  the  right  to  change  their  government  peacefiilly, 
and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair  elections 
held  on  the  basis  of  universal  suffrage. 


1066 

The  territories  of  Greenland  (whose  population  is  primarily  Inuit)  and  the  Faroe 
Islands  (whose  inhabitants  have  their  own  Norse  language)  have  democratically 
elected  home  rule  governments  with  powers  encompassing  aU  matters  except  foreign 
affairs,  monetary  affairs,  and  national  security.  Greenlanders  and  Faroese  are  Dan- 
ish citizens,  with  the  same  rights  as  those  in  the  rest  of  the  Kingdom.  Each  territory 
elects  two  representatives  to  the  Folketing. 

Women  are  active  in  government  and  politics  at  both  local  and  national  levels. 
In  the  current  Government,  5  of  20  government  ministers  are  women,  as  are  59  of 
the  Parliament's  179  members. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  tneir  findings  on  human  rights  cases.  Government  officials 
are  cooperative  and  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Government's  operations  and  extensive  public  services  do  not  discriminate  on 
the  basis  of  any  of  these  factors.  The  law  prohibits  discrimination  on  the  basis  of 
sex,  and  it  is  effectively  enforced  by  the  Government.  Discrimination  on  the  basis 
of  race  is  covered  by  two  laws,  which  prohibit  racial  slander  and  denial  of  access 
to  public  places  on  the  basis  of  race.  The  rights  of  indigenous  people  are  carefully 
protected. 

Women. — An  umbrella  nongovernmental  organization  reports  that  in  1996,  wom- 
en's crisis  shelters  were  contacted  12,940  times,  and  3,640  women  stayed  at  shel- 
ters. There  were  388  rapes  reported  in  1996,  and  332  rapes  in  the  first  9  months 
of  1997. 

The  law  requires  equal  pay  for  equal  work,  but  some  wage  inequality  still  exists. 
The  law  prohiDitsjob  discrimination  on  the  basis  of  sex  and  provides  resources,  such 
as  access  to  the  Equal  Status  Council,  for  those  so  affected.  Women  hold  positions 
of  authority  throughout  society,  although  they  are  underrepresented  at  the  top  of 
the  business  world.  Women's  rights  groups  are  effective  in  lobbying  the  (Jovemment 
in  their  areas  of  concern,  such  as  wage  disparities  and  parental  leave. 

Children. — The  Grovemment  demonstrates  a  strong  commitment  to  children's 
rights  and  welfare  through  well-funded  systems  of  public  education  and  medical 
care.  Sections  within  the  Ministries  of  Social  Affairs,  Justice,  and  Education  oversee 
implementation  of  programs  for  children. 

There  is  no  societal  pattern  of  abuse  against  children. 

People  With  Disabilities. — There  is  no  discrimination  against  disabled  persons  in 
employment,  education,  or  in  the  provision  of  other  state  services.  Building  regula- 
tions reciuire  special  installations  for  the  disabled  in  public  buildings  built  or  ren- 
ovated alter  1977  and  in  older  buildings  that  come  into  public  use.  The  Government 
enforces  these  provisions  in  practice. 

Indigenous  People. — The  law  protects  the  rights  of  the  inhabitants  of  Greenland 
and  the  Faroe  Islands.  The  Greenlandic  legal  system  seeks  to  accommodate  Inuit 
customs.  Accordingly,  it  provides  for  the  use  of  lay  people  as  judges,  and  it  sentences 
most  prisoners  to  holding  centers  (rather  than  to  prisons)  where  they  are  encour- 
aged to  work,  hunt,  or  fish  during  the  day.  Education  in  Greenland  is  provided  to 
the  native  population  in  both  the  Inuit  and  Danish  languages. 

National  / Racial  f  Ethnic  Minorities. — The  inflow  of  ethnically  and  racially  diverse 
refugees  and  immigrants  has  provoked  a  degree  of  tension  between  Danes  and  im- 
migrants (mostly  Iranians,  Palestinians,  Pakistanis,  and  Sri  Lankans  until  late 
1992;  refugees  are  now  overwhelmingly  from  Somalia  or  the  former  Yugoslavia).  Re- 
cent publicity  on  the  involvement  of  foreigners  in  street  crime  and  allegations  of  so- 
cial welfare  fraud  committed  by  refugees  nave  increased  these  tensions  to  the  point 
that  Parliament  is  debating  the  tightening  of  immigration  laws.  Incidents  of  racial 
discrimination  and  racially  motivated  violence  do  occur  but  are  rare.  The  Govern- 
ment effectively  investigates  and  deals  with  cases  of  racially  motivated  violence. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  states  that  all  workers,  including  military 
personnel  and  the  police,  mav  form  or  join  unions  of  their  choosing.  Approximately 
80  percent  of  wage  earners  belong  to  unions  that  are  independent  of  the  Govern- 
ment and  political  parties.  Unions  may  affiliate  freely  with  international  organiza- 
tions, and  they  do  so  actively.  All  unions  except  those  representing  civil  servants 
or  the  militaiy  have  the  right  to  strike. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers  and  employers  ac- 
knowledge each  others  right  to  organize.  Collective  bargaining  is  protected  by  law 


1067 

and  i8  widespread  in  practice.  The  law  prohibits  antiunion  discrimination  by  em- 
ployers against  union  members  and  organizers,  and  there  are  mechanisms  to  resolve 
disputes.  Employers  found  guilty  of  antiunion  discrimination  are  required  to  rein- 
state workers  fired  for  union  activities.  In  the  private  sector,  salaries,  benefits,  and 
working  conditions  are  agreed  upon  in  biennial  or  triennial  negotiations  between  the 
various  employers'  associations  and  their  union  counterparts.  If  the  negotiations 
fail,  a  national  conciliation  board  mediates,  and  its  proposal  is  voted  on  by  manage- 
ment and  labor.  If  the  proposal  is  turned  down,  the  Government  may  force  a  legis- 
lated solution  on  the  parties  (usually  based  upon  the  mediators'  proposal).  The 
agreements,  in  turn,  are  used  as  guidelines  throughout  the  public  as  well  as  the  pri- 
vate sector.  In  the  public  sector,  collective  bargaining  is  conducted  between  the  em- 
ployees' unions  and  a  government  group,  led  by  the  Finance  Ministry. 

Labor  relations  in  Greenland  are  conducted  in  the  same  manner  as  in  Denmark. 
Greenlandic  courts  are  the  first  recourse  in  disputes,  but  Danish  mediation  services 
or  the  Danish  Labor  Court  may  also  be  used. 

There  is  no  umbrella  labor  oi^anization  in  the  Faroes,  but  individual  unions  en- 
gage in  periodic  collective  bargaining  with  employers.  Disputes  are  settled  by  medi- 
ation. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced,  or  bonded  labor  by  adults 
or  children  is  prohibited,  by  law  and  this  prohibition  is  effectively  enforced  by  the 
Grovemment. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  fiiU-time  employment  is  15  years.  A  change  in  the  work  environment 
law  entered  into  force  in  June  1996.  This  provides  for  tightening  employment  rules 
for  those  under  18  years  of  age,  and  setting  a  minimum  of  13  years  of  age  for  any 
type  of  work.  The  law  is  enforced  by  the  Danish  Working  Environment  Service 
(DWES),  and  autonomous  arm  of  the  Ministry  of  Labor.  Danish  export  industries 
do  not  use  child  labor.  Forced  and  bonded  child  labor  is  prohibitecf  and  does  not 
occur  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — There  is  no  legally  mandated  national  mini- 
mum wage,  but  national  labor  agreements  effectively  set  a  wage  floor.  The  lowest 
wage  paid  is  currently  about  $11  (dkr  76)  per  hour,  which  is  sufficient  for  a  decent 
standard  of  living  for  a  worker  and  family.  The  law  provides  for  5  weeks  of  paid 
vacation  per  year.  A  37-hour  workweek  is  the  norm,  estabhshed  by  contract,  not  by 
law.  The  law  does,  however,  require  at  least  1 1  hours  between  the  end  of  one  work 
period  and  the  start  of  the  next. 

The  law  also  prescribes  conditions  of  work,  including  safety  and  health;  duties  of 
employers,  supervisors,  and  employees;  work  performance;  rest  periods  and  days  off; 
ana  medical  examinations.  The  DWES  ensures  compliance  with  labor  legislation. 
Workers  may  remove  themselves  from  hazardous  situations  or  weapons  production 
without  jeopardizing  their  employment  rights,  and  there  are  legal  protections  for 
workers  who  file  complaints  about  unsafe  or  unhealthy  conditions. 

Similar  conditions  of  work  are  found  in  Greenland  and  the  Faroes,  except  that  the 
workweek  is  40  hours.  As  in  Denmark,  this  is  established  by  contract,  not  by  law. 


ESTONIA 

Estonia  is  a  parliamentary  democracy.  With  its  statehood  widely  recognized  as 
continuous  for  more  than  70  years,  Estonia  regained  its  independence  in  1991  after 
50  years  of  Soviet  occupation.  The  Constitution,  adopted  by  referendum  in  1992,  es- 
tablished a  101-member  unicameral  legislature  (State  Assembly),  a  prime  minister 
as  Head  of  Government,  and  a  president  as  Head  of  State.  A  cabinet  reshuffle  in 
March  led  to  the  departure  of  Prime  Minister  Tiit  Vahi  and  the  appointment  of 
Mart  Siimann  as  his  successor.  The  judiciary  is  independent. 

The  official  conversion  of  the  Soviet  militia  into  the  Estonian  police  preceded  the 
reestablishment  of  the  country's  independence  by  about  6  months.  Its  conversion 
into  a  Western-type  police  force  committed  to  procedures  and  safeguards  appro- 
priate to  a  democratic  society  is  proceeding,  with  police  leadership  actively  working 
to  professionalize  the  force.  The  police,  who  are  ethnically  mixed,  are  subordinate 
to  the  Ministry  of  Internal  Affairs.  Corrections  personnel  are  subordinate  to  the 
Ministry  of  Justice.  The  security  service,  called  Security  Police,  is  subordinate  to  the 
Interior  Ministry  but  also  reports  to  the  Prime  Minister.  Police  and  corrections  per- 
sonnel continued  to  commit  human  rights  abuses. 

Estonia  has  a  market  economy.  Reflecting  the  extent  of  post-1992  reforms,  Esto- 
nia has  been  selected  to  start  accession  negotiations  with  the  European  Union.  Serv- 


1068 

ices,  especially  financial  and  tourism,  are  growing  in  importance  compared  to  his- 
torically more  prominent  light  industry  and  food  production.  Privatization  of  small 
and  medium  firms  is  virtually  complete,  and  privatization  of  large-scale  enterprises 
is  underway.  The  economy  continues  to  grow  steadily,  with  gross  domestic  product 
(GDP)  estimated  to  increase  by  about  7  to  8  percent  in  1997.  Although  prices  con- 
tinue to  rise,  incomes  are  rising  faster  than  the  rate  of  inflation.  Per  capita  GDP 
is  about  $2,530  per  vear.  Two-thirds  of  Estonian  exports  (textiles,  food  products, 
wood  and  timber  products)  are  now  directed  to  Western  markets.  Unemployment  re- 
mained fairly  low  overall  (unofficially  about  8  percent)  but  was  significantly  higher 
in  rural  areas. 

The  (jovemment  generally  respected  the  human  rights  of  its  citizens  and  the 
lai*ge  noncitizen  community,  but  problems  remained  in  some  areas.  The  major 
human  rights  abuses  continued  to  be  mistreatment  of  prisoners  and  detainees,  and 
the  use  of  excessive  force  by  the  police.  Prison  conditions  are  poor.  The  deadline  for 
noncitizens  to  file  for  permanent  residency  expired  in  1996,  after  being  extended 
twice.  An  undetermined  number  of  noncitizens  have  still  not  filed  for  residency. 
Problems  remain  in  processing  the  applications  for  permanent  residency  of  some 
19,(X)0  Russian  military  retirees  and  family  members.  Processing  of  applications  for 
alien  passports  continued.  By  late  1997,  most  applicants  for  alien  passports  had  re- 
ceived them.  The  Government  continued  to  issue  temporary  travel  documents  and 
to  accept  officially  invalid  former  Soviet  internal  passports  for  identification  in 
emergency  situations,  such  as  registering  births  and  deaths.  In  January  the  Council 
of  Europe  closed  its  human  rights  monitoring  mission  in  Estonia. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Such  practices  are  prohibited  by  law.  However,  there  continued  to  be  credible  re- 
ports that  police  used  excessive  force  and  verbal  abuse  during  the  arrest  and  ques- 
tioning of  suspects.  Punishment  cells  ("kartsers  ")  continued  to  be  used,  in  con- 
travention of  international  standards.  Most  of  the  top  leadership  of  one  prefecture 
was  dismissed  for  abuse  of  power. 

Four  cases  of  hazing  in  the  military  were  reported;  one  was  formally  investigated 
and  the  charges  were  dropped.  There  were  reports  of  more  instances  of  recruit  mis- 
treatment, one  of  which  resulted  in  a  24-hour  unauthorized  absence  by  an  entire 
platoon.  A  training  tragedy  that  took  the  lives  of  14  soldiers  in  September  focused 
public  attention  on  safety  and  discipline  in  the  military. 

F*rison  conditions  remained  poor.  Overcrowding  continued  in  the  Tallinn  Central 
Prison  buUt  in  1765,  although  the  opening  of  a  new  wing,  which  meets  European 
standards,  reduced  the  overcrowding.  The  (jovemment  continued  measures  to  ad- 
dress poor  prison  conditions  and  to  make  prison  staff  more  professional.  By  mid-Oc- 
tober, one  prisoner  had  been  killed  by  other  prisoners,  compared  with  four  in  1996. 
Opportunities  to  study  or  work  in  prison  were  limited. 

The  Government  has  drafted  a  multiyear  plan  to  refurbish  and  restructure  all  the 
countr3^s  prisons  and  to  close  the  Tallinn  Central  Prison,  but  it  had  not  yet  been 
implemented  by  year's  end.  Some  suggestions  to  improve  prison  conditions  made  by 
Council  of  Europe  (COE)  representatives  in  1993  have  been  implemented,  but  fulfill- 
ment of  others  is  still  hampered  by  lack  of  resources  and  high  turnover  among  pris- 
on staff. 

The  Government  permits  human  rights  monitors  to  visit  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  and  laws  forbid  arbi- 
trary arrest,  detention,  or  exile,  and  the  Government  generally  observes  this  prohi- 
bition. Under  the  Constitution,  warrants  issued  by  a  court  are  required  to  make  ar- 
rests. Detainees  must  be  informed  promptly  of  the  grounds  for  the  arrest  and  given 
immediate  access  to  legal  counsel.  If  a  person  cannot  aflbrd  counsel,  the  State  will 
provide  one.  A  person  may  be  held  for  48  hours  without  formally  being  charged;  fur- 
ther detention  requires  a  court  order.  A  person  may  be  held  in  pretrial  detention 
for  2  months;  this  may  be  extended  up  to  a  total  of  12  months  by  court  order.  Police 
rarely  violate  these  limits.  As  of  July,  1,613  of  the  4,785  persons  held  in  prisons 
were  awaiting  trial. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  establishes  an  independent  judi- 
cial branch  and  the  judiciary  is  independent  in  practice.  The  judiciary  operates 
through  a  three-tier  court  system:  rural  and  city  courts;  district  courts;  and  the 
State  Court  (which  functions  as  a  supreme  court).  The  district  and  state  courts  are 


1069 

also  courts  for  "constitutional  supervision."  At  the  rural  and  city  levels,  court  deci- 
sions are  made  by  a  majority  vote  with  a  judge  and  two  lay  members  sitting  in  judg- 
ment. All  judges  and  lay  judges  must  be  citizens.  The  President  nominates  and  the 
State  Assembly  confirms  the  Chief  Justice  of  the  State  Court.  The  Chief  Justice 
nominates  State  Court  judges  who  are  subject  to  confirmation  by  the  State  Assem- 
bly. He  also  nominates  the  district,  city,  and  rural  court  judges  who  are  then  ap- 
pointed by  the  President.  Judges  are  appointed  for  life. 

The  Constitution  provides  that  court  proceedings  shall  be  public.  Closed  sessions 
may  be  held  only  for  specific  reasons,  such  as  protection  of  state  or  business  secrets, 
and  in  cases  concerning  minors.  The  Constitution  further  provides  that  defendants 
may  present  witnesses  and  evidence  as  well  as  confront  and  cross-examine  prosecu- 
tion witnesses.  Defendants  have  access  to  prosecution  evidence  and  enjoy  a  pre- 
sumption of  innocence. 

Estonia  continued  to  overhaul  its  criminal  and  civil  procedural  codes.  An  interim 
Criminal  Code  that  went  into  efTect  in  June  1992  basically  revised  the  Soviet  Crimi- 
nal Code  by  eliminating,  for  example,  political  and  economic  crimes.  The  Code  of 
Criminal  PVocedure  was  adopted  in  1994.  New  codes  in  a  variety  of  fields  were 
being  drafted  at  year's  end.  A  multiyear  plan  is  being  compiled  to  replace  present 
criminal  codes  with  new  penal  codes  that  fully  meet  European  standards. 

There  were  no  reports  of  political  prisoners.  In  September  1996  former  dissident 
Tiit  Madisson  was  sentenced  to  26  months  in  prison  for  attempting  to  organize  an 
armed  overthrow  of  the  Grovemment.  The  sentence  was  appealed  through  all  levels 
of  the  legal  system  and  upheld;  however,  in  December  the  Government  granted 
Madisson  amnesty. 

f.  A.rhitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
requires  a  search  warrant  for  search  and  seizure  of  property.  During  the  investiga- 
tive stage,  warrants  are  issued  by  the  prosecutor  upon  a  showing  of  probable  cause. 
Once  a  case  has  gone  to  court,  warrants  are  issued  by  the  court.  The  Constitution 
provides  for  secrecy  of  the  mail,  telegrams,  telephones,  and  other  means  of  commu- 
nication. Police  must  obtain  a  court  order  to  intercept  a  person's  communications. 
Illegally  obtained  evidence  is  not  admissible  in  court.  At  year's  end,  security  police 
and  parliamentary  investigations  were  continuing  into  the  1995  case  involving  then 
Interior  Minister  Savisaar  who  was  implicated  in  making  unauthorized  recordings 
of  conversations. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Government  respects  constitutional  provi- 
sions providing  for  freedom  of  speech  and  the  press.  The  media  routinely  do  probing 
and  thorough  investigative  reporting.  Foreign  newspapers  and  magazines  are  widely 
available.  All  newsprint,  printing,  and  distribution  facilities  are  now  private  compa- 
nies. There  are  four  major  national  Estonian  language  and  three  Russian  language 
dailies,  in  addition  to  important  weeklies.  In  a  widely  reported  case,  a  well-known 
journalist  was  tried  and  convicted  for  insulting  the  spouse  of  a  prominent  politician 
in  a  newspaper  interview  and  received  a  fine.  The  sentence  was  upheld  by  all  levels 
of  the  judiciary. 

State  broadcast  media,  including  one  nationwide  television  channel,  continue  to 
receive  large  subsidies,  and  the  State  has  assured  that  these  subsidies  will  continue. 
There  are  several  major  independent  television  and  radio  stations.  Several  Russian 
language  programs,  mostly  Estonian  produced,  are  broadcast  over  state  and  private 
television  channels.  Russian  state  television  and  Ostankino  programs  are  widely 
available  via  cable. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  to  assemble  freely,  but  noncitizens  are  prohibited  from  joining  political 
parties,  although  they  may  form  social  groups.  Permits  for  all  public  gatnerings 
must  be  obtained  3  weeks  prior  to  the  date  of  the  gathering.  The  authorities  have 
wide  discretion  to  prohibit  such  gatherings  on  public  safety  grounds  but  seldom  ex- 
ercise it.  There  were  no  reports  of  government  interference  in  mass  gatherings  or 
political  rallies. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

The  1993  Law  on  Churches  and  Religious  Organizations  requires  all  religious  or- 
ganizations to  have  at  least  12  members  and  to  be  registered  with  the  Interior  Min- 
istry and  the  Board  of  Religion.  Leaders  of  religious  organizations  must  be  citizens 
with  at  least  5  years'  residence  in  Estonia. 

'The  majority  of  Estonians  are  nominally  Lutheran,  but  following  deep-seated  tra- 
dition there  is  wide  tolerance  of  other  denominations  and  religions.  People  of  vary- 
ing ethnic  backgrounds  profess  Orthodoxy,  including  communities  of  Russian  Old 


1070 

Believers  who  found  refuge  in  Estonia  in  the  17th  century.  The  Estonian  Apostolic 
Orthodox  Church  (EAOC),  independent  since  1919,  subordinate  to  Constantinople 
since  1923,  and  exiled  under  the  Soviet  occupation,  reregistered  under  its  1935  stat- 
ute in  August  1993.  Since  then,  a  group  of  ethnic  Estonian  and  Russian  parishes 
preferring  to  remain  under  the  authority  of  the  Russian  Orthodox  Church  structure 
imposed  during  the  Soviet  occupation  has  insisted  that  it  should  have  claim  to  the 
EAOC  name  but  has  been  unable  to  register  under  the  same  name.  Representatives 
of  the  Moscow  and  Constantinople  Patriarchates  continued  consultations  to  resolve 
the  question,  which  centers  on  property  issues.  The  Government  and  some  promi- 
nent ousinessmen  were  facilitating  the  discussions.  By  year's  end  a  compromise  so- 
lution was  under  consideration,  according  to  which  the  congregations  affiliated  with 
Moscow  would  register  under  a  slightly  different  name  and  receive  the  property  cur- 
rently in  their  possession  for  long-term  use.  Throughout  the  dispute,  free  worship 
has  occurred  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  permits  free  movement  within  the  country,  and  it  is  honored 
in  practice.  It  alsoprovides  for  the  right  of  foreign  travel,  emigration,  and  repatri- 
ation for  citizens.  There  are  no  exit  visas. 

In  July  1993,  Parliament  enacted  a  Law  on  Aliens  that  defines  an  alien  as  a  per- 
son who  is  not  a  citizen  of  Estonia,  i.e.,  a  citizen  of  another  country  or  a  stateless 
person.  The  majoritv  of  noncitizens  are  ethnic  Russians.  The  law  provided  a  1-year 
period  during  which  noncitizens  who  came  to  Estonia  prior  to  July  1,  1990,  and 
were  permanent  residents  of  the  former  Estonian  Soviet  Socialist  Republic,  could 
apply  for  temporary  residence  permits.  They  could  also  apply  for  permanent  resi- 
dence at  the  same  time.  Following  delays  and  confusion  in  implementation  as  well 
as  criticism  by  international  human  rights  observers,  the  application  deadline  was 
extended  by  a  year,  until  July  12,  1995.  By  that  date  the  vast  majority  of  aliens — 
327,737  of  the  estimated  370,000— had  filed  applications.  The  Government  extended 
the  registration  period  until  April  30,  1996.  An  indeterminate  number  of  nonciti- 
zens— estimates  range  from  20,000  to  50,000 — still  have  not  registered.  In  mid-year, 
the  Government  began  a  campaign  to  register  this  group  oi  unregistered  aliens, 
pledging  not  to  take  any  measures  against  them.  By  October  some  1500  had  come 
lorwara!  In  September  the  Government  proposed  and  Parliament  approved  an 
amendment  to  the  aliens  law  that  allowed  those  who  had  applied  for  residence  by 
July  12,  1995,  to  change  temporary  residence  permits  to  permanent  ones,  beginning 
in  1998,  2  years  earlier  than  the  original  act  envisioned. 

There  were  complaints  about  the  slow  pace  with  which  the  Government  was  proc- 
essing residence  applications  for  some  19,000  Russian  military  pensioners.  The  proc- 
ess was  complicatea  by  the  lack  of  Russian-provided  passports  in  which  to  affix  the 
permits.  An  estimated  35  percent  of  the  first  group  of  military  pensioners  missed 
the  deadline  to  present  their  passports  for  residence  permits.  Technically,  the  Citi- 
zenship and  Migration  Board  could  move  to  have  them  deported.  In  fact,  however, 
the  Government  is  moving  on  a  case-by-case  basis  to  solve  the  outstanding  issues. 
The  Government  refused  residence  to  eight  former  members  of  the  Soviet  military. 
After  one  case  involving  an  individual  married  to  an  Estonian  citizen  with  children 
in  Estonia  attracted  wide  attention,  the  Government  reviewed  the  cases  and  granted 
residence  permits  to  six  individuals.  Another  ex-serviceman,  Evgeni  Zobnin,  was  de- 
ported; however,  following  considerable  critical  publicity,  the  authorities  issued  a 
visa  and  allowed  him  to  return,  pending  resolution  of  his  case.  The  Government  con- 
tinued to  issue  alien  passports  to  those  former  servicemen  who  could  not  or  did  not 
want  to  take  out  Russian  citizenship. 

No  restrictions  are  placed  on  the  right  of  noncitizens  to  foreign  travel,  emigration, 
or  repatriation,  although  some  noncitizens  complain  of  delays  in  obtaining  travel 
documents.  The  Government  began  issuing  temporary  travel  documents  valid  for  a 
single  departure  and  reentry  into  the  country  to  resident  aliens  in  1994.  To  accom- 
modate entry  visa  requirements  of  other  countries,  the  validity  period  of  the  docu- 
ment was  extended  in  August  1994  from  6  months  to  2  years.  In  late  1994,  the  Gov- 
ernment began  issuing  alien  passports.  These  are  issued  to  resident  aliens  not  in 
possession  of  any  other  valid  travel  document.  Such  aliens  included:  (1)  persons  who 
are  designated  as  stateless;  (2)  foreign  citizens  who  lack  the  opportunity  to  obtain 
travel  documents  of  their  country  of  origin  or  of  another  state;  (3)  persons  who  file 
for  Estonian  citizenship  and  pass  the  language  examination  if  required;  and  (4) 
aliens  who  are  permanently  departing  Estonia.  The  Grovernment  plans  to  expand 
the  classes  of  noncitizens  eligible  for  alien  passports.  It  has  already  approved  their 
issuance  to  noncitizens  intending  to  study  abroad  and  has  agreed  to  issue  them  to 
former  military  personnel  who  cannot  or  do  not  want  to  take  out  Russian  citizen- 
ship. By  September  160,112  persons  had  applied  for  alien  passports,  and  some 
157,000  passports  had  been  issued. 


1071 

The  Government  has  deported  a  relatively  small  number  of  illegal  aliens,  usually 
those  caught  in  criminal  acts.  By  late  July,  45  illegal  aliens  were  neld  as  internees, 
pending  deportation  or  a  court  order  granting  them  residence.  Internees  are  held 
in  a  wing  oi  a  regular  prison. 

In  February  Parliament  passed  a  refugee  law  that  brought  Estonia  into  conform- 
ity with  the  1951  United  Nations  (U.N.)  Convention  Relating  to  the  Status  of  Refu- 
gees and  its  1967  Protocol,  and  in  October  amended  several  social  security  acts  to 
provide  refugees  social  guarantees  identical  to  those  of  citizens.  Implementing  regu- 
lations have  not  yet  been  issued.  The  Government  has  selected  a  site  for  a  refugee 
processing  center  but  construction  has  not  begun.  Late  in  the  year,  one  refugee  ap- 
plication was  pending.  There  were  no  reports  of  refugees  returned  to  areas  where 
they  would  face  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  Government.  In  March  1995,  free  and  fair 
elections  to  the  second  post-Soviet  Parliament  were  held.  Among  the  deputies  are 
six  ethnic  Russians.  Indirect  presidential  elections  were  held  in  1996.  When  the  Par- 
liament failed  to  muster  the  required  two-thirds  majority  to  elect  the  President,  an 
Electoral  Assembly  consisting  of  parliament  members  and  representatives  of  local 
governments  convened  and  reelected  the  incumbent,  Lennart  Meri. 

Local  elections  were  held  in  late  October  1996.  According  to  legislation,  resident 
noncitizens  can  vote  but  not  run  for  office.  The  local  elections  were  free  and  fair. 
AU  candidates  had  certified  that  they  knew  Estonian  sufficiently  to  be  able  to  func- 
tion in  local  government.  However,  after  the  elections,  there  were  complaints  that 
some  candidates  did  not  know  sufficient  Estonian.  In  October  the  Government 
brought  court  charges  against  a  former  chairman  of  the  Sillamae  town  council  for 
having  filed  a  fraudulent  certificate.  Depending  on  the  outcome  of  the  case,  charges 
may  be  filed  in  other  cases. 

tlie  Citizenship  Law  enacted  in  Februarv  1992  readopted  the  1938  Citizenship 
Law.  According  to  that  law,  anyone  bom  after  1940  to  a  citizen  parent  is  a  citizen 
by  birth.  The  parent  does  not  have  to  be  an  ethnic  Estonian.  The  Government  esti- 
mates that  under  this  provision  some  80,000  persons  not  ethnically  Estonian  have 
obtained  citizenship.  The  law  included  requirements  for  naturalization,  such  as  a  2- 
year  residency  requirement,  to  be  followed  by  a  1-year  waiting  period,  as  well  as 
knowledge  of  the  Estonian  language.  According  to  Max  van  der  Stael,  the  Organiza- 
tion for  Security  and  Cooperation  in  Europe  (OSCE)  High  Commissioner  on  Na- 
tional Minorities,  over  200,000  persons  experienced  a  reduction  in  status  to  that  of 
resident  alien.  Automatic  citizenship  is  provided  to  those  who  were  citizens  in  1940 
and  their  descendants,  not  to  those  who  moved  there  during  occupation  (resident 
aliens).  The  law  establishes  a  naturalization  mechanism. 

In  January  1995,  Parliament  adopted  a  new  Citizenship  Law,  revising  the  1992 
law  and  combining  into  one  statute  provisions  regarding  citizenship  that  were  scat- 
tered among  several  pieces  of  legislation.  This  law  became  effective  in  April  1995. 
It  extended  the  residency  requirement  for  naturalization  from  2  to  5  years  and 
added  a  requirement  for  knowledge  of  the  Constitution  and  the  Citizenship  Law. 
Persons  who  had  taken  up  legal  residence  in  Estonia  prior  to  July  1,  1990,  are  ex- 
empt from  the  5-year  legal  residence  and  1-year  waiting  period  requirements.  The 
law  allows  the  Government  to  waive  the  language  requirement  but  not  the  civic 
knowledge  requirement  for  applicants  who  have  Estonian  language  elementary  or 
higher  education,  or  who  have  performed  valuable  service  to  Estonia.  In  an  effort 
to  fulfill  the  remaining  2  (of  30)  recommendations  of  the  OSCE  High  Commissioner 
for  National  Minorities,  the  Government  simplified  the  civic  knowledge  test  and  on 
December  9  approved  draft  legislation  that  would  amend  the  citizenship  law  to 

Sant  automatic  citizenship  to  stateless  children  bom  after  Februaiy  26,  1992,  to 
^lly  resident  stateless  parents  upon  the  parents'  or  guardians'  application. 
Based  on  current  law,  the  following  classes  of  persons  are  ineligible  for  natu- 
ralization: those  filing  on  the  basis  of  false  data  or  documents;  those  not  abiding  by 
the  constitutional  system  or  not  fulfilling  the  laws;  those  who  have  acted  against 
the  State  and  its  security;  those  who  have  committed  crimes  and  been  punished 
with  a  sentence  of  more  than  1  year  or  who  have  been  repeatedly  brought  to  justice 
for  felonies;  those  who  work  or  have  worked  in  the  intelligence  or  security  services 
of  a  foreign  state;  or  those  who  have  served  as  career  soldiers  in  the  armed  forces 
of  a  foreign  state,  including  those  discharged  into  the  reserves  or  retired.  (The  latter 
includes  spouses  who  have  come  to  Estonia  in  connection  with  the  service  member^s 
assignment  to  a  posting,  the  reserves,  or  retirement.)  A  provision  of  the  law  allows 
for  the  granting  of  citizenship  to  a  foreign  military  retiree  who  has  been  married 
to  a  native  citizen  for  5  years. 


1072 

Between  1992  and  late  August,  92,890  persons  had  received  citizenship  through 
naturalization.  The  Russian  embassy  reported  that  some  120,000  persons  had  ob- 
tained Russian  citizenship,  however,  the  Embassy  declined  to  supply  the  Govern- 
ment with  a  list.  The  actual  number  of  Russian  citizens  may  be  lower  since  the  Em- 
bassy apparently  does  not  keep  records  of  those  who  die  or  depart  Estonia.  The  Gov- 
ernment reported  that  it  had  issued  almost  97,000  residence  permits  to  foreign  na- 
tionals. 

While  some  officials  in  the  Russian  Government  and  in  the  local  Russian  commu- 
nity continued  to  criticize  the  citizenship  law  as  discriminatory,  numerous  inter- 
national fact-finding  organizations,  including  the  Finnish  Helsinki  Committee  and 
the  OSCE,  confirm  that  the  Citizenship  Law  conforms  to  international  standards. 

Bureaucratic  delays  and  the  Estonian  language  requirement  are  also  cited  as  dis- 
incentives for  securing  citizenship.  The  Government  has  established  language  train- 
ing centers,  but  there  is  a  lack  of  qualified  teachers,  financial  resources,  and  train- 
ing materials.  Some  allege  that  the  examination  process,  which  75  to  90  percent 
pass,  is  arbitrary. 

There  are  no  legal  impediments  to  women's  participation  in  government  or  poli- 
tics. However,  women  are  underrepresented  in  government  and  politics.  There  are 
11  women  among  the  101  members  of  Parliament.  One  of  the  presidential  can- 
didates was  also  a  woman.  The  two  female  ministers  continued  in  office  after  the 
March  cabinet  reshuffle.  There  are  six  ethnic  Russian  deputies  in  Parliament. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  does  not  restrict  the  formation  or  functioning  of  human  rights 
organizations.  In  response  to  allegations  of  poor  treatment  of  ethnic  minorities,  the 
President  established  a  Human  Rights  Institute,  which  first  convened  in  1992.  The 
purpose  of  the  Institute  is  to  monitor  human  rights  in  Estonia  and  to  provide  infor- 
mation to  the  international  community.  It  investigates  reports  of  human  rights  vio- 
lations, such  as  allegations  of  police  abuse  and  inhuman  treatment  of  detainees.  In 
September  the  Institute  established  an  information  center  in  the  heavily  ethnic  Rus- 
sian town  of  Kohtla-Jarve.  In  addition  because  of  tensions  surrounding  the  adoption 
of  the  Elections  Law  and  the  Aliens  Law  in  1993,  the  President  established  a  round 
table  composed  of  representatives  of  Parliament,  the  Union  of  Estonian  Nationali- 
ties, and  the  Russian  speaking  population's  Representative  Assembly.  An  analogous 
but  independent  round  table  meets  in  the  county  of  East  Virumaa.  In  addition  with 
initial  funding  from  the  Danish  government,  a  nongovernmental  legal  information 
center  in  Talfinn  provides  free  legal  assistance  to  individuals — citizen  and  nonciti- 
zen  alike — seeking  advice  on  human  rights-related  issues. 

In  the  context  of  repeated  Russian  allegations  of  human  rights  violations  among 
the  noncitizen  population,  both  the  OSCE  mission  in  Estonia  and  the  OSCE  High 
Commissioner  on  National  Minorities  have  declared  that  they  could  not  find  a  pat- 
tern of  human  rights  violations  or  abuses  in  Estonia.  The  Government  moved  to 
meet  the  last  two  of  the  30  recommendations  of  the  OSCE  High  Commissioner  on 
National  Minorities,  by  simplifying  the  civic  knowledge  portion  of  the  naturalization 
process  and  approving  draft  legislation  to  grant  automatic  citizenship  to  children 
bom  to  resident  stateless  persons  (see  Section  3.). 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  sex,  religion,  disability, 
language,  social  status  or  for  any  other  reason.  The  Government  reports  that  no 
court  cases  charging  discrimination  have  been  filed. 

Women. — Violence  against  women,  including  spousal  abuse,  was  the  subject  of  in- 
creasing discussion  and  media  coverage.  According  to  women's  groups  and  law  en- 
forcement officials,  family  violence  is  not  pervasive.  Rape  and  attempted  rape  occur 
relatively  infrequently.  In  the  first  9  months,  there  were  76  reported  rapes  and  at- 
tempted rap>es,  compared  with  94  for  all  of  1996.  However,  studies  show  that  40  oer- 
cent  of  crime  in  Estonia  goes  unreported,  including  domestic  violence.  Even  when 
the  police  are  called,  the  abused  spouse  often  declines  to  press  charges. 

Discussion  of  the  role  and  situation  of  women  has  been  extensive,  esjiecially  in 
the  wake  of  the  Fourth  World  Conference  on  Women  held  in  Beijing  in  1995,  as  well 
as  former  Social  Affairs  Minister  Siiri  Oviir's  run  for  the  presidency.  Women  possess 
the  same  legal  rights  as  men  and  are  legally  entitled  to  equal  pay  for  equal  work. 
Nevertheless,  although  women's  average  educational  level  was  hi^er  than  men's, 
their  average  pay  was  lower,  and  the  trend  did  not  seem  to  be  improving.  There 
continue  to  be  female-  and  male-dominated  professions.  Most  women  carry  major 


1073 

household  responsibilities  in  addition  to  comprising  slightly  more  than  one-half  of 
the  work  force. 

Children. — The  Government's  strong  commitment  to  education  is  evidenced  by  the 
high  priority  it  gives  to  building  and  refurbishing  schools.  The  (government  provides 
free  medical  care  for  children  and  subsidizes  school  meals.  In  1992  the  Government 
adopted  a  Law  on  Child  Protection  patterned  after  the  U.N.  Convention  on  the 
Rights  of  the  Child. 

There  is  no  societal  pattern  of  child  abuse,  but  a  1995  research  project  conducted 
by  the  nongovernmental  Estonian  Union  for  Child  Welfare  on  children  and  violence 
at  home  found  that  a  significant  proportion  of  children  had  experienced  at  least  oc- 
casional violence  at  home,  in  schools,  or  in  youth  gangs.  A  1996  poll  reports  that 
3  percent  of  surveyed  children  had  been  sexually  molested,  while  the  police  reg- 
istered 70  cases  of  sexual  abuse  for  1996.  At  an  April  conference  the  chief  of  juvenile 
police  reported  that  only  20  to  30  percent  of  cases  involving  sexual  abuse  of  children 
are  reported.  There  continue  to  be  reports  of  underage  prostitution. 

People  With  Disabilities. — While  tne  Constitution  contains  provisions  to  protect 
disabled  persons  against  discrimination,  and  both  the  State  and  some  private  orga- 
nizations provide  them  with  financial  assistance,  little  has  been  done  to  enable  dis- 
abled people  to  participate  normally  in  public  life.  There  is  no  public  access  law,  but 
some  effort  to  accommodate  the  disabled  is  evident  in  the  inclusion  of  ramps  at 
curbs  on  new  urban  sidewalk  construction.  Public  transportation  firms  have  ac- 
quired some  vehicles  that  are  accessible  to  the  disabled,  as  have  some  taxi  compa- 
nies. 

National  / Racial  / Ethnic  Minorities. — The  OSCE  mission  in  Estonia,  established 
in  1993,  continued  to  promote  stability,  dialog,  and  understanding  among  commu- 
nities in  Estonia.  In  addition  the  President's  Round  Table,  also  established  in  1993, 
which  is  composed  of  members  of  Parliament,  representatives  of  the  Union  of  Esto- 
nian Nationalities,  and  the  Representative  Assembly  of  the  Russian  Community, 
continued  to  work  toward  finding  practical  solutions  to  problems  of  noncitizens,  as 
did  the  analogous  but  independent  round  table  that  met  in  the  northeastern  part 
of  the  country  (see  Section  4). 

The  Law  on  Cultural  Autonomy  for  citizens  belonging  to  minority  groups  was 
adopted  by  Parliament  and  went  into  effect  in  1993.  There  is  a  tradition  of  protec- 
tion for  cultural  autonomy  going  back  to  a  1925  law.  Some  noncitizens  termed  the 
law  discriminatory,  since  it  restricts  cultural  autonomy  only  to  citizens.  The  Govern- 
ment replied  that  noncitizens  can  fully  participate  in  ethnic  organizations  and  that 
the  law  includes  subsidies  for  cultural  organizations. 

Ethnic  Russians  total  approximately  29  percent,  and  nonethnic  Estonians  as  a 
whole  some  37  percent,  of  the  population  oT  slightly  less  than  1.5  million.  During 
the  years  of  Estonia's  forced  annexation  by  the  Soviet  Union,  large  numbers  of  non- 
Estonians,  predominantly  ethnic  Russians,  were  encouraged  to  migrate  to  Estonia 
to  work  as  laborers  and  administrators.  They  and  their  descendants  now  make  up 
approximately  one-third  of  the  total  population;  about  40  pjercent  of  them  were  born 
in  Estonia.  About  8  percent  of  the  population  of  the  pre-1940  Republic  was  ethnic 
Russian. 

Some  noncitizens,  especially  Russians,  continued  to  allege  job,  salary,  and  housing 
discrimination  because  of  Estonian  language  requirements.  Russian  government  of- 
ficials and  parliamentarians  echoed  these  charges  in  a  variety  of  forums.  The  Gov- 
ernment accepted  a  Russian  Government  proposal  to  establish  a  high-level  commis- 
sion to  examine  all  aspects  of  bilateral  relations.  One  of  the  sub-groups  of  the  com- 
mission would  examine  the  humanitarian  aspects  of  the  situation  of  the  Russian  mi- 
nority in  Estonia  and  possibly  of  the  Estonian  minority  in  Russia.  The  law  makes 
no  distinction  on  the  basis  of  lack  of  citizenship  concerning  business  or  property 
ownership  other  than  for  land.  A  1996  law  on  land  ownership  further  liberalized 
land  ownership  by  foreigners;  such  ownership  is  now  restricted  only  in  certain  stra- 
tegic areas.  All  legal  residents  of  Estonia  may  participate  equally  in  the  privatiza- 
tion of  state-owned  housing. 

Estonian  language  requirements  for  those  employed  in  the  civil  service  went  into 
effect  in  1993.  The  new  Law  on  Public  Service  as  originally  passed  required  state 
employees  to  be  proficient  in  Estonian  by  the  end  of  1995.  In  December  1995,  Par- 
liament amended  the  Law  on  Public  Service  to  allow  noncitizen  local  and  national 
government  employees  without  adequate  Estonian  to  continue  working  until  Feb- 
ruary 1,  1997.  No  noncitizens  were  to  be  hired  after  January  1,  1996.  This  amend- 
ment reflected  the  Government's  awareness  that  in  some  sectors,  the  number  of  em- 
ployees with  inadequate  Estonian  remained  high.  In  May,  3  policemen  were  dis- 
missed for  not  knowing  sufficient  Estonian;  earlier  in  the  year,  11  policemen  were 
dismissed  for  not  filing  for  Estonian  citizenship  by  the  established  deadline.  Five 
prosecutors  and  two  judges  were  dismissed  for  presenting  forged  certificates  regard- 


1074 

ing  their  knowledge  of  Estonian;  two  have  been  restored  to  their  positions;  criminal 
charges  against  one  judge  were  dropped.  Three  of  the  prosecutors  lound  employment 
as  police  inspectors. 

The  language  office  liberally  grants  extensions  to  persons  who  can  explain  their 
failure  to  meet  their  requisite  competence  level  in  4  years.  Estonian  language  train- 
ing is  available  but,  some  claim,  too  costly.  Some  Russian  representatives  have 
asked  for  free  language  training.  They  also  charge  that  the  language  requirement 
for  citizenship  is  too  difficult,  and  there  has  been  talk  of  making  the  language  re- 
quirement less  rigorous.  The  examination  fee  for  either  language  test — for  employ- 
ment or  citizenship — is  15  percent  of  the  monthly  minimum  wage,  although  it  is 
waived  for  the  unemployed. 

Legislation  and  a  government  decision  provide  that  in  districts  where  more  than 
one-half  of  the  population  speak  a  language  other  than  Estonian,  the  inhabitants 
are  entitled  to  receive  official  information  in  that  language.  Moreover,  the  local  gov- 
ernment may  conduct  business  in  that  language.  In  practice  city  governments  of 
fi^edominantly  Russian  speaking  communities  conduct  most  internal  business  in 
ussian. 

All  residents  ,  whether  or  not  they  are  citizens,  can  complain  directly  to  the  State 
Court  about  alleged  violations  of  human  or  constitutional  rights.  The  State  Court 
justices  review  each  case  and  have  decided  in  favor  of  complainants.  All  decisions 
are  in  Estonian  but  if  a  complaint  is  received  in  a  language  other  than  Estonian 
(usually  Russian)  the  court  provides  a  complimentary  translation. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  to  form  and 
join  a  union  or  employee  association.  The  Central  Organization  of  Estonian  Trade 
Unions  (EAKL)  came  into  being  as  a  wholly  voluntary  and  purely  Estonian  organi- 
zation in  1990  to  replace  the  Estonian  branch  of  the  official  Soviet  labor  confed- 
eration, the  AU-Union  Central  Council  of  Trade  Unions  (AUCCTU).  The  EAKL  has 
75,345  members.  The  reduced  membership  levels  is  due  to  the  move  from  the  large- 
scale  industrialized  units  into  smaller  production  units  and  the  services  sector 
which  diminished  the  traditional  union  base  even  while  white-collar  unions  gained 
influence.  Another  trade  union,  The  Organization  of  Employee  Unions  (TALO),  split 
from  the  EAKL  in  1993  and  has  55,000  members.  A  centralunion  of  food  processmg 
and  rural  workers  was  established  in  June.  About  one-third  of  the  country's  labor 
force  belongs  to  one  of  the  three  labor  federations. 

The  right  to  strike  is  legal,  and  unions  are  independent  of  the  Government  and 
political  parties.  The  Constitution  and  statutes  prohibit  retribution  against  strikers. 
There  was  a  1-day  teachers'  strike  in  May  to  support  demands  for  higher  wages. 
Approximately  2,000  teachers  from  70  schools  participated. 

Unions  may  join  federations  freely  and  affiliate  internationally. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — While  Estonian  workers  now 
have  the  legally  acquired  right  to  bargain  collectively,  collective  bargaining  is  still 
in  its  infancy.  According  to  EAKL  leaders,  few  collective  bargaining  agreements 
have  been  concluded  between  management  and  workers  of  a  specific  enterprise.  The 
EAKL  has,  however,  concluded  framework  agreements  with  producer  associations, 
which  provide  the  basis  for  specific  labor  agreements,  including  the  setting  of  the 
minimum  wage.  The  EAKL  was  also  involved  with  developing  Estonia's  new  Labor 
Code  covering  employment  contracts,  vacation,  and  occupational  safety.  The  Labor 
Code  prohibits  antiunion  discrimination,  and  employees  have  the  right  to  go  to  court 
to  enforce  their  rights.  In  1993  laws  covering  collective  bargaining,  collective  dispute 
resolution,  and  shop  stewards  were  enacted. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor  although  it  does  not  specifically  prohibit  forced  and  bonded 
labor  by  children  (see  Section  6.d.).  The  Labor  Inspections  Office  effectively  enforces 
this  prohibition. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Con- 
stitution forbids  forced  labor  for  anyone.  There  were  no  reports  of  forced  or  bonded 
labor  by  children  in  enterprises;  however,  there  were  instances  of  families  forcing 
their  children  to  engage  in  peddling  or  begging.  The  Government  ratified  the  U.N. 
Convention  on  the  Kignts  of  the  Child  which  bans  forced  child  labor.  The  statutory 
minimum  for  employment  is  16  years  of  age.  Minors  13  to  15  years  of  age  may  work 
with  written  permission  of  a  parent  or  guardian  and  the  local  labor  inspector,  if 
working  is  not  dangerous  to  the  minor's  health  or  considered  immoral,  does  not 
interfere  with  studies,  and  if  the  type  of  work  is  included  on  a  government-prepared 
list.  Government  authorities  effectively  enforce  minimum  age  laws  through  inspec- 
tions. 


1075 

e.  Acceptable  Conditions  of  Work. — The  Government,  after  consultations  with  the 
EAKL  and  the  Central  Producers  Union,  sets  the  minimum  wage.  The  monthly  min- 
imum wage  is  $60  (845  Estonian  crowns).  The  minimum  wage  is  not  sufficient  to 
provide  a  worker  and  family  with  a  decent  standard  of  living.  About  3  percent  of 
the  work  force  receive  the  minimum  wage.  The  average  monthly  wage  in  trie  second 
quarter  was  about  $253. 

The  standard  workweek  is  40  hours,  and  there  is  a  mandatory  24-hour  rest  pe- 
riod. According  to  EAKL  sources,  legal  occupational  health  and  safety  standards  are 
satisfactory,  but  they  are  extremely  difficult  to  achieve  in  practice.  The  National 
Labor  Inspection  Board  is  responsible  for  enforcement  of  these  standards,  but  it  has 
not  been  very  effective  to  date.  In  addition  the  labor  unions  have  occupational 
health  and  safety  experts  who  assist  workers  into  bringing  employers  in  compliance 
with  legal  standards.  Woriiers  have  the  right  to  remove  tnemselves  from  dangerous 
work  situations  without  jeopardy  to  continued  employment. 


FINLAND 

Finland  is  a  constitutional  republic  with  an  elected  head  of  state  (president),  par- 
liament, and  head  of  Government  (prime  minister),  and  with  an  independent  judici- 
ary. 

The  security  apparatus  is  effectively  controlled  by  elected  officials  and  supervised 
by  the  courts. 

Finland  has  a  mixed  economy,  primarily  and  extensively  market  based. 

During  the  year  there  were  no  reported  violations  of  fundamental  human  rights. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  such  practices,  and  there  were  no  reports  that  officials  employed 
them. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest,  deten- 
tion, or  exile,  and  the  (jovemment  observes  this  pronibition. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice. 

The  judiciary  consists  of  the  Supreme  Court,  the  Supreme  Administrative  Court, 
and  the  lower  courts.  The  President  appoints  Supreme  Court  justices,  who  in  turn 
appoint  the  lower  court  judges. 

The  law  provides  for  the  right  to  fair  public  trial  and  the  judiciary  vigorously  en- 
forces this  right.  Local  courts  may  conduct  a  trial  behind  closed  doors  in  juvenile, 
matrimonial,  and  guardianship  cases,  or  when  publicity  would  offend  morality  or  en- 
danger the  security  of  the  State.  In  national  security  cases,  the  iudge  may  withhold 
from  the  public  any  or  all  information  pertaining  to  charges,  verdicts,  and  sentences. 
The  law  provides  for  sanctions  against  violators  of  such  restrictions. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
prohibits  such  practices.  Government  authorities  generally  respect  these  prohibi- 
tions, and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  freedom  of  the  press,  and 
the  Government  respects  this  right  in  practice.  An  independent  press,  an  effective 
judiciary,  and  a  functioning  democratic  political  system  combine  to  ensure  freedom 
of  speech  and  of  the  press,  including  acaaemic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  law  provides  for  freedom  of  religion,  and  the  Govern- 
ment respects  this  right  in  practice.  Nontraditional  religious  groups  freely  profess 
and  propagate  their  beliefs.  Such  groups  are  eligible  for  some  tax  relief  (e.g.,  they 
may  receive  tax-free  donations),  provided  they  are  registered  with  the  Government 
as  religious  communities.  Eight-seven  percent  of  the  population  belong  to  two  state 
churches,  the  Lutheran  and  the  Orthodox  Churches.  All  citizens  belonging  to  one 
of  these  state  churches  pays,  as  part  of  their  income  tax,  a  church  tax.  These  church 
taxes  are  used  to  defray  the  costs  of  running  the  state  churches.  Those  who  do  not 


1076 

want  to  paiv  the  tax  must  notify  the  tax  office.  Such  groups  as  Jehovah's  Witnesses 
and  the  Mormon  Church  have  been  active  in  Finland  for  decades.  However,  al- 
though they  have  appUed,  Scientologists  are  not  registered  as  a  religious  community 
but  as  an  association.  Their  application  reportedly  remained  pending  while  the  Gov- 
ernment awaited  additional  information  that  it  had  requested  from  the 
Scientologists. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees.  Approved  refu- 
gees and  asylum  seekers  are  processed  directly  for  residence.  The  issue  of  the  provi- 
sion of  first  asylum  has  never  arisen.  There  were  no  reports  of  forced  expulsion  of 
those  having  a  valid  claim  to  refugee  status. 

In  1996  711  persons  applied  for  asylum  in  Finland,  down  from  854  in  1995.  Dur- 
ing 1996  the  Directorate  of  Immigration  issued  asylum  decisions  affecting  593  per- 
sons, awarding  refugee  status  to  only  11  but  awarding  another  334  temporary  resi- 
dence permits.  Responding  to  criticism  that  it  lacked  a  comprehensive  program  for 
dealing  with  refugees,  the  Government  has  been  reviewing  its  refugee  policy. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  peacefully  change  their  Gov- 
ernment, and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage. 

Women  are  fairly  well  represented  in  Government.  There  are  67  in  the  200-mem- 
ber  Parliament,  and  6  in  the  18-member  Cabinet.  The  Ministers  of  Foreign  Affairs 
and  Defense  as  well  as  the  Associate  Minister  of  Finance  are  women,  as  are  the 
Speaker  of  Parliament  and  the  President  of  the  Bank  of  Finland.  In  1995  Par- 
liament passed  quota  legislation  for  all  state  committees,  commissions,  and  ap- 
pointed municipal  bodies,  requiring  a  minimum  of  40  percent  membership  from  each 
sex. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  findings  on  human  rights  cases.  Grovemment  officials 
are  very  cooperative  and  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  any  discrimination  based  on  race,  sex,  religion,  disability,  lan- 
guage, or  social  status,  and  the  Government  effectively  enforces  these  provisions. 

In  the  past  several  years,  the  problems  of  racism  and  xenophobia  in  Finland  have 
received  increased  attention  from  the  Government  and  the  public.  Assaults  by  local 
"skinheads"  on  a  black  American  in  1995  helped  to  focus  attention  on  these  twin 
problems.  In  February  a  ministerial  group  headed  by  the  Associate  Minister  of  Edu- 
cation prepared  a  report  that  became  the  basis  for  new  government  measures  to 
combat  racism  and  xenophobia.  These  measures  include  a  mechanism  that  allows 
officials  to  intervene  sooner,  and  at  a  lower  level,  in  race-related  incidents.  Accord- 
ing to  an  ongoing  university  study  of  the  image  of  minorities  in  the  media,  the 
media  tend  to  reinforce  popular  prejudices  by  reporting  on  minorities  only  when 
problems  arise. 

Women. — The  law  provides  for  stringent  penalties  for  violence  against  women; 
this  provision  is  vigorously  enforced  by  the  police  and  the  courts.  The  Union  of  Shel- 
ter Homes  as  well  as  the  municipalities  maintain  such  homes  for  female,  male, 
adult,  and  child  victims  of  violence  in  homes  all  over  the  country.  The  total  number 
of  shelters  is  around  55.  Many  of  the  people  served  by  the  shelters  are  women  with 
small  children  fleeing  from  abusive  husbands.  Increasing  numbers  of  elderly  per- 
sons— the  parents  oi  abusive  (usually  male)  offspring — have  sought  safety  in  the 
shelters.  Generally  the  conditions  that  cause  both  voung  and  old  to  avail  themselves 
of  the  shelters  are  alcohol-related.  Studies  show  that  the  opening  of  a  shelter  in  an 
area  brings  cases  of  family  violence  out  into  the  open.  The  concept  of  family  violence 
in  Finland  includes  negligence  in  care,  psychological  violence,  and  economic  abuse. 
The  annual  number  oi  calls  to  the  police  relating  to  domestic  violence  is  not  cen- 
trally compiled  but  is  estimated  at  some  10,000  to  12,000.  Shelter  officials  state  that 
the  figure  is  less  than  half  of  the  number  of  actual  incidents.  Police  statistics  from 
January  to  June  show  virtually  no  rise  in  domestic  assault  figures  over  correspond- 
ing figures  from  the  previous  year  (statistics  not  broken  down  by  sex).  There  were 


1077 

193  cases  of  rape  reported  to  police  during  this  period  compared  with  100  such  cases 
during  the  same  period  in  1996. 

Researchers  at  the  University  of  Helsinki  estimated  that  11,000  persons — almost 
all  women — were  involuntarily  sterilized  during  the  period  1935-1970  in  keeping 
with  laws  intended  to  "improve  mankind"  by  sterilizing  the  mentally  ill,  those  su^ 
faring  from  hereditary  illnesses,  alcoholics,  and  criminals.  The  current  law,  enacted 
in  1970,  contains  safeguards  against  a  repetition  of  such  abuses. 

The  Government-established  Council  for  Equality  coordinates  and  sponsors  legis- 
lation to  meet  the  needs  of  women  as  workers,  mothers,  widows,  or  retirees. 

In  1985  Parliament  passed  a  comprehensive  equal  rights  law  that  mandates  equal 
treatment  for  women  in  the  workplace,  including  equal  pay  for  "comparable"  jobs. 
In  practice  comparable  worth  has  not  been  implemented  because  of  the  difficulty  of 
establishing  criteria,  but  the  Government,  employers,  unions,  and  others  continue 
to  work  on  implementation  plans.  Women's  average  earnings  are  81  percent  of  those 
of  men,  and  women  still  tend  to  be  segregated  in  lower  paying  occupations.  While 
women  have  individually  attained  leadership  positions  in  the  private  and  public  sec- 
tors, there  are  disproportionately  fewer  women  in  top  management  jobs.  Industry 
and  finance,  the  labor  movement,  and  some  Government  mmistries  remain  male 
dominated.  Some  60  percent  of  Finnish  physicians  are  women.  Women  are  per- 
mitted to  serve  in  the  military.  The  Government's  Equality  Ombudsman  monitors 
compliance  with  regulations  against  sexual  discrimination.  Of  the  118  complaints 
processed  by  the  Ombudsman  bietween  January  1  and  June  30,  27  cases  were  estab- 
lished as  violations  of  the  law. 

In  FebiTiary  the  Government  approved  a  special  program  to  promote  women's 
equality  during  the  period  1997-99.  This  program  consists  of  30  projects.  In  addition 
the  Government  seeks  to  integrate  women's  viewpoints  into  all  of  its  activities  at 
the  United  Nations  and  the  Council  of  Europe.  One  of  the  purposes  of  this  approach 
is  to  identify  the  sex  of  human  rights  victims  in  United  Nations  reports. 

Children. — The  Government  demonstrates  its  strong  commitment  to  children's 
rights  and  welfare  through  its  well-funded  systems  of  public  education  and  medical 
care.  There  is  no  pattern  of  societal  abuse  of  children,  and  the  national  consensus 
supporting  children's  rights  is  enshrined  in  law. 

People  With  Disabilities. — Although  the  law  has  required  since  the  1970's  that 
new  public  buildings  be  accessible  to  people  with  physical  disabilities,  many  older 
buildings  remain  inaccessible  to  them.  There  is  no  such  law  for  public  transpor- 
tation, but  each  municipality  subsidizes  measures  to  improve  accessibility  to  vehi- 
cles. Local  Governments  maintain  a  free  transport  service  that  guarantees  18  free 
trips  per  month  for  a  disabled  person.  The  deaf  and  the  mute  are  provided  interpre- 
tation services  ranging  from  120  to  240  hours  annually.  The  Government  provides 
subsidized  public  housing  to  the  severely  disabled. 

Indigenous  People. — Sami  (Lapps),  who  constitute  less  than  one-tenth  of  1  percent 
of  the  population,  benefit  from  legal  provisions  protecting  minority  rights  and  cus- 
toms. Sami  language  and  culture  are  supported  financially  by  The  Government.  The 
Sami  receive  subsidies  to  enable  them  to  continue  their  traditional  lifestyle,  which 
revolves  around  reindeer  herding.  Sami  have  full  political  and  civil  rights  and  are 
able  to  participate  in  decisions  aftecting  their  economic  and  cultural  interests. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  rights  of  trade 
unions  to  organize,  to  assemble  peacefully,  and  to  strike,  and  the  Government  re- 
spects these  provisions.  About  87  percent  of  the  work  force  is  organized.  All  unions 
are  independent  of  the  Government  and  political  parties.  The  law  grants  public  sec- 
tor employees  the  right  to  strike,  with  some  exceptions  for  provision  of  essential 
services.  In  the  first  quarter  of  the  year,  there  were  34  strikes,  30  of  which  were 
wildcat  strikes. 

Trade  unions  freely  affiliate  with  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  the  right 
to  organize  and  bargain  collectively.  Collective  bargaining  agreements  are  usually 
based  on  incomes  policy  agreements  between  employee  and  employer  central  organi- 
zations and  the  Government.  The  law  protects  workers  against  antiunion  discrimi- 
nation. Complaint  resolution  is  governed  by  collective  bargaining  agreements  as 
well  as  labor  law,  both  of  which  are  adequately  enforced. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor,  and  this  prohibition  is  honored  in  practice.  The  law  prohibits 
forced  and  bonded  labor  by  children  and  adults,  and  such  practices  do  not  exist.  The 
Government  enforces  this  prohibition  effectively. 


1078 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Emplmment. — The  law 
prohibits  forced  and  bonded  labor  by  children  (see  Section  6.c.).  Youths  under  16 
years  of  age  cannot  work  more  than  6  hours  a  day  or  at  night,  and  education  is 
compulsory  for  children  from  7  to  16  years  of  age.  The  Labor  Ministry  enforces  child 
labor  regulations.  There  are  virtually  no  complaints  of  exploitation  ot  children  in  the 
work  force. 

e.  Acceptable  Conditions  of  Work. — There  is  no  legislated  minimum  wage,  but  the 
law  requires  all  employers — including  nonunionized  ones — to  meet  the  minimum 
wages  agreed  to  in  collective  bargaining  agreements  in  the  respective  industrial  sec- 
tor. These  minimum  wages  generally  afford  a  decent  standard  of  living  for  worijers 
and  their  families. 

The  legal  workweek  consists  of  5  days  not  exceeding  40  hours.  Employees  working 
in  shifts  or  during  the  weekend  are  entitled  to  a  24-hour  rest  period  during  the 
week.  The  law  is  effectively  enforced  as  a  minimum,  and  many  workers  enjoy  even 
stronger  benefits  through  effectively  enforced  collective  bargaining  agreements. 

The  Government  sets  occupational  health  and  safety  standards,  and  the  Labor 
Ministry  effectively  enforces  them.  Workers  can  refuse  dangerous  work  situations 
without  risk  of  penalty. 


FRANCE 

France  is  a  constitutional  democracy  with  a  directly  elected  president  and  Na- 
tional Assembly  and  an  independent  judiciary. 

The  law  enforcement  and  internal  security  apparatus  consists  of  the  Gendarmerie, 
the  national  police,  and  municipal  police  forces  in  major  cities,  all  of  which  are 
under  effective  civilian  control. 

The  highly  developed,  diversified,  and  primarily  market-based  economy  provides 
residents  with  a  high  standard  of  living. 

The  Government  respected  the  human  rights  of  its  citizens,  and  the  law  and  judi- 
ciary provide  a  means  of  dealing  with  individual  instances  of  abuse.  Long  delays  in 
bringing  cases  to  trial  and  lengthy  pretrial  detention  are  problems.  Racially  moti- 
vated attacks  by  extremists  declined  sharply  from  480  in  1995  to  195  in  1996.  The 
Government  has  taken  important  steps  to  deal  with  violence  against  women  and 
children.  Women  continue  to  face  wage  discrimination.  Although  no  killings  oc- 
curred in  Corsica  during  the  year,  there  were  over  200  bombings,  many  of  which 
were  politically  motivated. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings. 

Law  enforcement  officers  have  used  excessive  force — particularly  directed  against 
inmiigrants — resulting  in  deaths,  although  there  is  no  evidence  oi  a  pattern  oi  such 
abuses.  There  were  also  a  number  of  deaths  in  detention  due  to  official  negligence 
(see  Section  I.e.). 

Two  deaths  occurred  in  suspicious  circumstances  at  the  hands  of  the  police  in  De- 
cember. A  16-year-old  North  African  was  shot  and  killed  trying  to  run  a  roadblock 
near  Fontainebleau.  In  Lyons  an  unemployed  24-year-old  was  killed  during  interro- 
gation at  police  headouarters. 

The  inquiry  into  tne  1995  shooting  death  of  8-year-old  Serbian  refugee  Todor 
Bogdanovic  concluded  in  December  1996  with  a  dismissal  of  the  charges  against  the 
police  officer  involved. 

The  authorities  concluded  that  there  was  insufficient  evidence  to  take  the  case  to 
trial.  The  victim's  family  has  filed  an  appeal.  Border  police  in  the  Bogdanovic  case 
were  accused  of  using  excessive  force  in  attempting  to  nalt  a  convoy  of  refugees  that 
ran  a  border  check  point.  In  January  the  judicial  inquiry  into  the  1993  shooting  and 
killing  of  19-year-old  Algerian  Mourad  Tchier  by  a  police  officer  was  passed  to  the 
Attorney  General,  and  the  policeman  was  suspended  from  active  duty  in  March.  The 
United  Nations  (U.N.)  Special  Rapporteur  on  Extrajudicial,  Summary,  or  Arbitrary 
Executions,  in  a  1996  report,  cited  the  Tchier  case  in  expressing  his  concern  over 
what  he  characterized  as  the  increasing  use  of  excessive  force  by  law  enforcement 
officers.  A  judicial  inquiry  into  the  1994  death  of  an  18-year-old  Senegalese  youth, 
Ibrahim  Sy,  who  was  shot  by  a  gendarme  near  Rouen,  continues.  The  investigation 
is  currently  trying  to  determine  which  gendarme  fired  the  lethal  shot.  An  adminis- 
trative inquiry  has  been  opened  into  the  1991  death  of  18-year-old  Aissa  Ihich,  who 


1079 

was  allegedly  beaten  by  police  officers  and  subsequently  died  of  an  asthmatic  attack 
because  ne  was  allegedly  refused  medication.  In  March  gendarmes  killed  two  home- 
less men  who  were  robbing  a  store  in  Machecoul  (Loire-Atlantique).  The  police 
claimed  self  defense,  but  witnesses  say  the  men  were  unarmed.  Two  investigations 
were  opened  regarding  the  incident,  one  to  investigate  the  cause  of  death  of  the  two 
men,  and  one  to  determine  if  it  was  murder. 

In  January  a  court  convicted  a  former  soldier,  Georges  Mendaille,  of  complicity 
in  the  attempted  murder  in  1985  of  two  suspected  Basque  terrorists.  Mendaille  was 
sentenced  to  20  years'  imprisonment. 

Judge  Jean-Louis  Brugiere  completed  his  investigation  into  the  bombing  of  UTA 
fli^t  772  in  1989  and  handed  over  recommendations  for  indictments  of  six  Libyan 
nationals  to  a  grand  jury.  The  brother-in-law  of  Libyan  leader  Col.  Mu'ammar  Al- 
Qadhafi  is  included  in  the  group. 

Reza  Mazoulman,  an  Iranian  deputy  education  minister  under  the  Shah,  was  shot 
and  killed  in  Paris  in  1996.  Two  Iranian  nationals  are  suspected  in  the  shooting: 
one  is  suspected  of  having  fled  to  Iran;  the  other  was  extradited  from  Germany 
where  he  had  fled,  and  an  investigation  is  currently  under  way. 

In  November  1996,  the  trial  began  of  41  Algerian  extremists  in  connection  with 
the  wave  of  bombings  in  Paris  in  1995  that  killed  8  persons  and  injured  over  170 
others.  Of  the  41,  3  are  being  tried  in  absentia  and  38  are  present  at  the  trial.  The 
group  is  accused  of  providing  financial  support,  false  documents,  and  other  assist- 
ance related  to  the  bombings  to  Algerian  extremists. 

Internationally  known  terrorist  Ilich  Ramirez  Sanchez,  also  known  as  "Carlos  the 
Jackal,"  was  convicted  during  the  year  in  Paris  of  killing  French  security  officers 
and  a  Lebanese  informant  22  years  ago.  Sanchez  was  sentenced  to  200  years  in  pris- 
on. 

Although  no  killings  occurred  during  the  year  in  Corsica,  there  were  over  200 
bombings,  many  of  which  were  politically  motivated. 

In  the  Basque  region,  a  handiul  of  politically  motivated  bombings  occurred,  which 
resulted  only  in  property  damage.  In  June  42  Basaue  separatists,  the  majority  of 
whom  are  French,  went  on  trial  in  Paris.  Many  of  tne  42  were  accused  of  terrorist 
violence.  The  courts  sentenced  3  members  of  the  Spanish  Basque  Fatherland  and 
Freedom  (ETA)  terrorist  group's  "comando  itinerante"  to  life  imprisonment  and  3 
others  to  16  years'  imprisonment  for  their  participation  in  21  terrorist  actions  be- 
tween 1978  and  1989,  which  resulted  in  38  deaths  and  dozens  of  injuries.  This 
mariced  the  first  time  that  ETA  members  were  tried  in  France  for  crimes  committed 
in  Spain,  although  many  ETA  members  have  been  tried  in  France  for  violating 
French  law.  France  and  Spain  continue  to  cooperate  to  extradite  ETA  criminals,  pri- 
marily from  France  to  Spain. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearance. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  such  practices,  and  the  authorities  punish  officials  who  employ 
them.  However,  there  were  credible  reports  that  law  enforcement  oflicers  used  ex- 
cessive force,  particularly  against  immigrants.  Isolated  instances  of  police  mis- 
conduct occurred,  but  there  is  no  evidence  of  a  pattern  of  such  abuses. 

The  press  reported  an  incident  in  February  in  which  a  French  Communist  Party 
supporter  and  nis  wife,  both  from  Paris,  were  allegedly  beaten  in  the  Paris  suburb 
of  Val-d'Oise  by  several  police  officers  claiming  to  be  part  of  the  extreme-right  politi- 
cal group,  the  National  Front  (FN).  The  victims  brought  charges  against  the  oflicers 
involved.  Three  police  officers  from  Bobigny  near  Paris  were  convicted  in  June  for 
a  false  statement  concerning  the  alleged  beating  in  April  1996  of  an  Indian  refugee, 
Gemam  Singh,  but  not  for  violence  against  the  individual.  Two  of  the  oflicers  were 
also  convicted  for  being  out  of  their  jurisdiction.  The  senior  officer  was  sentenced 
to  10  months  in  prison  (sentence  suspended)  and  a  fine  of  approximately  $800;  the 
two  junior  oflicers  under  his  supervision  were  sentenced  to  15  months  in  prison 
(sentence  suspended)  and  a  fine  of  approximately  $900  each. 

An  administrative  investigation  was  launched  after  a  few  dozen  persons  dem- 
onstrating against  the  FN  in  March  in  Marseille  were  beaten  by  riot  police.  To  keep 
the  anti-FN  demonstrators  away  from  their  FN  counterparts,  the  police,  according 
to  eyewitnesses,  allegedly  used  excessive  force  by  beating  demonstrators  and  using 
tear  gas  grenades.  In  June  the  Gendarmerie  launched  a  broad  roundup  of  suspected 
pedophiles.  Over  800  persons  were  arrested  and  detained,  4  of  whom  committed  sui- 
cide after  being  released.  The  Gendarmes  were  criticized  by  human  rights  organiza- 
tions for  being  overly  zealous  in  their  investigation. 

The  trial  oi  three  Marseille  police  officers  accused  of  illegal  detention,  premedi- 
tated assault,  and  theft  in  the  1995  beating  of  Algerian-French  national  Sid  Ahmed 
Amiri  concluded  in  June.  The  court  sentenced  the  officers  to  18  months  in  prison, 
with  15  months  suspended  and  a  fine  of  approximately  $5,000  each.  The  oflicers 


1080 

were  barred  from  active  duty  in  the  police  force  for  5  years.  Human  rights  organiza- 
tions criticized  the  court's  decision  on  the  grounds  that  it  was  not  a  fair  punishment 
for  the  crime  committed.  A  Bordeaux  police  ofUcer  accused  of  beating  a  demonstra- 
tor in  1994  was  convicted  in  February  and  sentenced  to  4  months  in  prison  and  a 
fine  of  approximately  $1,000. 

Prison  conditions  generally  exceed  international  standards,  and  the  Government 
permits  visits  by  human  rights  monitors.  Most  prisons  provide  opportunities  for 
paid  employment  as  well  as  recreational  facilities.  In  its  1997  report,  the  French  or- 
ganization, the  International  Observer  of  FVisons  (lOP),  noted  an  increasing  number 
of  deaths  in  detention  attributable  to  neglectful  surveillance  and  supervision.  In  one 
case,  a  court  found  five  prison  guards  guilty  of  not  coming  to  the  assistance  of  an 
inmate  djing  of  hunger.  The  report  also  criticized  the  prison  system  for  cruel  and 
inhuman  punishment.  It  cited  the  case  of  Sophien  Merzouk  who  fell  into  a  deep 
coma  and  suffered  advanced  hypothermia  as  a  result  of  being  left  in  a  room  without 
suflicient  heating.  The  report  also  continued  to  criticize  overcrowding  in  some  pris- 
ons and  noted  a  record  number  of  inmate  suicides,  138  in  1996  (latest  available 
data).  The  lOP  found  that  despite  the  passage  of  legislation  in  1994  promising 
greater  access  to  health  care,  most  prisons  have  delayed  needed  reforms. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest,  deten- 
tion, or  exile,  and  the  Government  observes  this  prohibition. 

In  narcotics  trafficking  convictions,  courts  often  assess  a  customs  fine  based  on 
the  estimated  street  value  of  the  drugs,  in  addition  to  a  jail  sentence.  At  the  end 
of  their  jail  terms,  prisoners  who  cannot  pay  the  fine  are  detained  for  up  to  2  more 
years  while  customs  officials  attempt  to  reach  the  largest  possible  settlement.  This 
practice  has  been  criticized  by  the  European  Court  of  Justice. 

A  1994  case  continues  against  6  of  26  resident  non-French  Muslims  detained  by 
police  on  suspicion  of  supporting  Algerian  terrorists.  Twenty  of  the  detainees  were 
deported  in  1995  after  several  weeks'  detention. 

There  are  no  provisions  for  exile,  and  it  does  not  occur. 

e.  Denial  of  Pair  Public  Trial. — The  law  provides  for  an  independent  judiciary, 
and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides  citi- 
zens with  a  fair  and  efficient  judicial  process. 

There  is  a  system  of  local  courts,  35  regional  courts  of  appeal,  and  the  highest 
criminal  court,  the  Court  of  Cassation,  which  considers  appeals  on  procedural 
grounds  only. 

The  judicial  system  has  been  criticized  by  credible  sources  for  its  inability  to  proc- 
ess suspects  quickly.  Some  spend  many  years  in  prison  before  a  trial  even  starts. 
According  to  tne  lOP,  over  40  percent  of  all  inmates  are  suspects  awaiting  trial.  A 
system  of  bail  exists. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
prohibits  such  practices,  government  authorities  generally  respect  these  prohibi- 
tions, and  violations  are  subject  to  effective  legal  sanction. 

In  February  a  box  of  documents  was  found  in  the  garage  of  the  former  director 
of  the  antiterrorist  unit  at  the  Elvsee  (the  presidential  palace)  under  former  Presi- 
dent Francois  Mitterrand.  They  detailed  a  large-scale  wiretapping  operation  alleg- 
edly overseen  by  then  President  Mitterrand  through  the  1980's  and  early  1990s 
that  included  the  unlawful  surveillance  of  political  allies  and  adversaries,  lawyers, 
judges,  journalists,  and  other  private  citizens.  Wiretapping  is  legally  recognized  as 
a  right  of  the  Government,  and  the  National  Commission  for  the  Regulation  of  Wire- 
tapping reported  a  30  percent  increase  in  the  number  of  official  wiretaps  during  the 
year. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  freedom  of  speech  and  the 
press,  and  the  Government  respects  these  rights  in  practice.  An  independent  press, 
an  effective  judiciary,  and  a  functioning  democratic  political  system  combine  to  en- 
sure freedom  of  speech  and  of  the  press,  including  academic  freedom. 

In  1994  the  Government  enactea  a  law  mandating  the  use  of  the  French  language 
in  certain  limited  circumstances.  In  June  a  Paris  court  dismissed  a  suit  on  technical 
grounds  brought  under  the  law  against  Georgia  Tech  University.  The  suit  alleged 
that  Georgia  Tech  violated  the  law  because  its  Internet  site  was  not  available  in 
French.  The  dismissal  is  being  appealed. 

In  February  the  elected  mayor  of  Toulon,  in  southern  France,  a  member  of  the 
far-right  National  Front  (FN)  party,  dismissed  theater  director  Gerard  Paquet  and 
attempted  to  close  his  avant-garde  theater  and  cultural  complex.  A  court  rejected 
the  Toulon  mayor's  bid  to  shut  down  the  center.  The  mayor  had  earlier  come  under 


1081 

criticism  by  human  rights  groups  in  1996  when  he  banned  French-Jewish  author 
Marek  Halter  from  the  cit}^  annual  book  fair  because  the  writer  was  bom  abroad. 

In  1996  the  mayor  of  Orange  (another  southern  town),  also  a  member  of  the  FN, 
used  his  police  powers  to  halt  the  distribution  of  anti-FN  literature  in  Orange.  The 
measures  taken  by  the  mayor  were  promptly  suspended  by  an  administrative  tribu- 
nal. A  few  weeks  later,  another  mayor  in  the  town  of  Lagrande-Motte  temporarily 
suspended  the  distribution  of  anti-FN  literature  just  before  the  start  of  a  1-week  FN 
convention.  This  action  was  also  promptly  suspended.  There  have  been  other  inci- 
dents of  similar  efforts  by  local  ofiicials  to  suppress  anti-FN  speech. 

In  1996  a  criminal  court  sentenced  two  singers  to  3  to  6  months  in  prison  and 
impmsed  a  6-month  ban  on  their  performing.  The  charges  stemmed  from  a  1995  con- 
cert where  the  group  "NTM"  performed  a  song  in  which  the  group  advocated  the 
murder  of  police  officers.  A  court  of  appeals  subsequently  dropped  the  prison  term 
from  the  sentence.  However,  in  a  separate  incident  in  June,  after  encouraging  an 
audience  to  shout  obscenities  at  the  police,  the  singers  were  fined  approximately 
$8,500  and  given  a  2-month  suspended  jail  term. 

In  April  a  21-year-old  youth  was  arrested  in  the  southern  town  of  Essone  for 
wearing  a  shirt  bearing  English  expletives  directed  against  the  police.  The  youth 
was  later  acquitted  by  a  correctional  tribunal  in  Evry. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice. 

In  July  the  FN  mayor  of  Toulon  banned  a  celebration  planned  by  anti-FN  groups 
on  the  July  14  national  celebration  on  the  grounds  that  the  city  lacked  sumcient 
security  forces  to  deal  with  the  celebration.  Despite  support  from  the  Culture  Min- 
ister for  the  celebration,  the  ban  remained  in  effect. 

c.  Freedom  of  Religion. — The  law  provides  for  the  separation  of  church  and  state 
and  for  freedom  of  religion,  and  the  Government  respects  this  right  in  practice. 

The  State  subsidizes  private  schools,  including  those  that  are  church-affiliated. 
Central  or  local  governments  also  own  and  provide  upkeep  for  other  religious  build- 
ings constructed  before  1905,  the  date  of  the  law  separating  church  and  state.  Cul- 
tural associations  with  religious  affiliations  may  also  qualify  for  government  sub- 
sidies. Contrary  to  practice  in  the  rest  of  France,  the  Jewish,  Lutheran,  Reformed, 
and  Roman  Catholic  religions  in  three  departments  of  Alsace  and  Lorraine  enjoy 
special  legal  status.  Adherents  of  these  four  religions  may  choose  to  have  a  portion 
01  their  income  tax  allocated  to  their  church  in  a  system  administered  by  the  central 
Government. 

Debate  continues  over  whether  denying  some  Muslim  girls  the  right  to  wear 
headscarves  in  public  schools  constitutes  a  violation  of  the  right  to  practice  their  re- 
ligion. In  1989  the  highest  administrative  court  ruled  that  the  "ostentatious"  wear- 
ing of  these  headscarves  violated  a  law  prohibiting  proselytizing  in  schools.  After 
much  media  attention — mainly  unfavorable — to  the  wearing  of  such  headscarves,  in 
1994  the  Ministry  of  Education  issued  a  directive  thatprohibits  the  wearing  of  "os- 
tentatious political  and  religious  symbols"  in  schools.  The  directive  does  not  specify 
the  "symbols"  in  question,  leaving  school  administrators  considerable  authority  to 
do  so.  The  hi^est  administrative  court  affirmed  in  1995  that  simply  wearing  a 
headscarf  does  not  provide  grounds  for  exclusion  from  school. 

The  city  council  of  Marignane,  a  small  southern  town  with  a  FN  mayor,  halted 
subsidies  on  public  school  lunches  that  did  not  include  pork,  penalizing  Muslim  and 
Jewish  students. 

In  1996  a  parliamentary  commission  issued  a  report  that  identified  172  groups 
as  "sects,"  including  Jehovah's  Witnesses  and  the  Scientologists.  The  Commission's 
findings  led  to  calls  for  legislative  action  to  restrict  the  activities  of  sects,  which 
were  rejected  by  the  Government  on  freedom  of  religion  grounds.  Instead,  the  Jus- 
tice Ministry  issued  a  directive  to  all  government  entities  to  be  vigilant  against  any 
possible  abuses  by  sects,  and  government  offices  were  tasked  to  monitor  potentially 
abusive  sect  activities. 

In  1996  a  former  leader  of  the  Scientologists  in  Lyon  was  convicted  of  involuntary 
homicide  and  fraud,  sentenced  to  3  years  in  prison,  and  fined  approximately 
$100,000.  The  charges  stemmed  from  a  1988  suicide  of  one  of  the  church  s  members. 
The  court  found  that  psychological  pressure  by  the  leaders  of  the  Lyon 
Scientologists  caused  the  member's  suicide  but  avoided  ruling  on  the  issue  of  wheth- 
er Scientology  is  a  religion.  Other  Scientologists  were  also  convicted  of  fraud  related 
to  this  incident,  fined,  and  given  suspended  sentences.  In  July  a  court  of  appeals 
in  Lyon  upheld  the  leader's  conviction,  but  commuted  his  jail  term  to  a  suspended 
sentence.  Five  members  were  fined  and  given  suspended  jail  terms  of  between  8 
months  and  1  year,  lighter  sentences  than  those  previously  handed  down,  while 
seven  were  acquitted  oi  being  accessories  to  fraud.  Tne  court,  in  its  written  decision, 
recognized  the  Church  of  Scientology  as  a  religion.  In  response  the  Minister  of  Inte- 


1082 

rior  stated  that  the  court  exceeded  its  authority  and  declared  that  the  CJovemment 
does  not  recognize  Scientology  as  a  reli^on. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice. 

The  Government  provides  first  asylum  and  provided  it  to  approximately  17,200 
persons  in  1996  (latest  available  data).  The  Government  generally  cooperates  with 
the  United  Nations  (U.N.)  High  Commissioner  for  Refugees  and  otner  humanitarian 
organizations  in  assisting  refugees.  However,  in  July  the  United  Nations  Human 
Rights  Committee  raised  concerns  about  reports  of  unreasonable  delay  in  the  Gov- 
ernment's processing  of  asylum  seekers  in  airport  waiting  areas  and  of  the  Govern- 
ment's efforts  to  limit  U.N.  access  to  these  areas.  The  Committee  questioned  the 
Government's  practice  of  penalizing  air  and  ship  carriers  that  transported  refugees 
without  legal  documentation,  arguing  that  the  policy  disadvantaged  legitimate  refu- 

ffees.  There  were  no  reports  of  forced  return  of  persons  to  a  country  where  they 
eared  persecution. 

Protests  continued  this  year  in  response  to  a  proposed  law  aimed  at  tightening 
procedures  to  stem  illegal  immigration.  In  March  approximately  20,000  artists,  in- 
tellectuals, and  immigrants  demonstrated  in  Paris,  while  8  undocumented  foreign- 
ers staged  a  hunger  strike  in  the  town  of  Lille.  After  58  days,  the  Lille  protesters 
were  forcibly  evacuated  by  the  police.  In  June  police  evacuated  30  undocumented 
residents  who  were  demonstrating  in  a  town  hall  in  Paris.  The  protesters  were  cele- 
brating the  1-year  anniversary  of  the  occupation  of  Saint  Bernard's  church  in  the 
summer  of  1996,  an  incident  in  which  300  undocumented  aliens  occupied  Saint  Ber- 
nard's Church  in  Paris,  protesting  against  immigration  laws  and  asking  to  be  al- 
lowed to  remain  in  France.  Virtually  all  of  the  300  were  allowed  to  remain  legally. 
In  June  the  newly  elected  Prime  Minister  ordered  local  authorities  to  accelerate 
the  granting  of  residence  papers  to  immigrants  who  complied  with  conditions  estab- 
lished by  the  National  Consultative  Commission  on  Human  Rights  (see  Section  4). 
The  conditions  favor  families  "well-integrated"  into  society,  spouses  of  immigrants 
with  legal  status,  children  born  in  France  and  their  parents,  students,  patients  re- 
ceiving medical  care,  and  refugees  who  would  be  in  danger  if  sent  home. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  peacefully  change  their  gov- 
ernment, and  citizens  exercise  this  right  in  practice  through  periodic,  tree,  and  fair 
elections  held  on  the  basis  of  universal  suffrage. 

There  are  no  legal  restrictions  on  the  participation  of  women  in  politics  or  govern- 
ment, but  they  remain  significantly  underrepresented  in  public  ofiices,  especially  at 
the  national  level.  Eight  of  27  cabinet  members,  19  of  321  senators,  and  59  of  577 
deputies  in  the  National  Assembly  are  women.  To  increase  women's  participation, 
some  parties  have  established  quotas  for  them  on  electoral  lists  or  in  party  manage- 
ment. 

The  citizens  of  the  "collective  territory"  of  Mayotte  and  the  territories  of  French 
Polynesia,  Wallis  and  Futuna,  and  New  Caledonia  determine  their  legal  and  politi- 
cal relationships  to  France  by  means  of  referendums,  and  they  elect  Deputies  and 
Senators  to  the  French  Parliament. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  wide  variety  of  local  and  international  human  rights  organizations  operate  free- 
ly, investigating  and  publishing  their  findings  on  human  rights  cases.  Government 
ofiicials  are  generally  cooperative  and  responsive  to  their  views.  The  National  Con- 
sultative Commission  on  Human  Rights  (NCCHR) — which  has  nongovernmental  as 
well  as  government  members — also  monitors  complaints  and  advises  the  Govern- 
ment on  policies  and  legislation.  It  is  an  independent  body  in  the  OfTice  of  the  Prime 
Minister. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Statutes  ban  discrimination  based  on  race,  religion,  sex,  ethnic  background,  or  po- 
litical opinion,  and  the  (jovemment  effectively  enforces  them. 

Women. — The  penal  code  prohibits  abuse  as  well  as  violence  against  women.  Wife 
beating  is  a  felony.  The  penalty  for  rape  ranges  from  5  to  20  years  in  prison,  with 
no  difTferentiation  between  spousal  and  other  rape.  There  were  6,540  reported  rapes 
or  sexual  assaults  in  1995  (latest  available  data).  Some  15,700  incidents  of  wife 
beating  (including  98  which  resulted  in  death)  were  reported  to  police  in  1993  (latest 
available  data).  Tne  Government  offers  shelter,  counseling,  and  financial  assistance, 


1083 

and  operates  a  telephone  hot  line.  The  welcome  centers  for  battered  women  added 
500  staff  members  in  1995.  About  60  private  associations  also  help  battered  women. 

While  the  law  requires  that  women  receive  equal  pay  for  equal  work,  this  require- 
ment is  often  not  the  reality.  A  1994  study  (latest  available  data)  found  a  mean  dis- 
crepancy between  wages  of  women  and  men  of  20  percent  in  the  private  sector  and 
18  percent  in  the  public  sector.  The  same  study  found  that  the  unemployment  rate 
for  women  averaged  about  4  points  higher  than  that  for  men. 

The  law  jwt)hibits  sex-based  job  discrimination  and  sexual  harassment  in  the 
workplace.  Tlius  far  these  laws  have  encountered  difficulties  in  implementation. 
Women's  rights  groups  criticize  the  scope  of  the  law  as  narrow,  and  the  fines  and 
compensatory  damages  as  often  modest.  For  example,  the  law  limits  sexual  harass- 
ment claims  to  circumstances  where  there  is  a  supervisor-subordinate  relationship 
but  fails  to  address  harassment  by  colleagues  or  a  hostile  work  environment. 

Children. — ^The  Government  demonstrates  a  strong  commitment  to  children's 
rights  and  weUare  through  well-funded  systems  of  public  education  and  medical 
care.  The  Ministry  for  Family  Affairs  oversees  implementation  of  the  Government's 
programs  for  children.  There  are  strict  laws  against  chUd  abuse  particularly  when 
committed  by  a  parent  or  guardian.  In  1995  (latest  available  data)  there  were 
20,000  reported  cases  of  mistreatment  (physical  violence,  sexual  abuse,  mental  cru- 
elty, or  severe  negligence)  of  children,  an  18  percent  increase  from  1994.  Of  these 
cases,  5,500  involved  reports  of  sexual  abuse.  Special  sections  of  the  national  police 
and  judiciary  are  charged  with  handling  these  cases.  The  Government  provides 
counseling,  financial  aid,  foster  homes,  and  orphanages,  depending  on  the  extent  of 
the  problem.  Various  associations  also  help  minors  seek  justice  in  cases  of  mistreat- 
ment by  parents. 

Some  immigrants  from  countries  where  female  genital  mutilation  (FGM)  is  cus- 
tomary subject  their  children  to  this  practice,  whicn  is  widely  condemned  bv  inter- 
national health  experts  as  damaging  to  both  physical  and  psychological  hearth.  Au- 
thorities have  prosecuted  more  than  23  cases  of  FGM  since  1984  under  the  provi- 
sions of  the  Penal  Code,  which  states  that  acts  of  violence  towards  children  that  re- 
sult in  mutilation  shall  be  tried  in  the  highest  criminal  court.  In  1996  a  French  Afri- 
can mother  was  sentenced  to  5  years'  imprisonment,  4  of  which  were  suspended,  for 
having  her  daughter  mutilated.  Later  in  1996,  another  parent  was  given  a  sus- 
pended sentence.  Since  1993  the  Government  and  private  associations  nave  under- 
taken a  campaign  to  inform  immigrants  that  FGM  is  contrary  to  the  law  and  will 
be  prosecuted. 

People  With  Disabilities. — ^There  is  no  discrimination  against  disabled  persons  in 
employment,  education,  or  in  the  provision  of  other  state  services.  The  Government 
announced  several  measures  in  1995  to  boost  employment  oppwrtunities  for  the  dis- 
abled. A  1991  law  requires  new  public  buildings  to  be  accessible  to  the  physically 
disabled,  but  most  older  buildings  and  public  transportation  are  not  accessible. 

Religious  Minorities. — The  annual  NCCHR  report  (see  Section  4)  released  in 
March  noted  approximately  the  same  number  of  tnreats  or  attacks  against  Jews:  a 
total  of  88  incidents  in  1996  (latest  available  data),  compared  with  89  in  1995.  In 
April  four  former  skinheads  and  neo-Nazi  group  members  were  sentenced  to  2  years 
in  jail  for  the  1990  desecration  of  a  Jewish  cemetery  in  the  southeastern  city  of 
Carpentras.  Two  additional  defendants  received  20-month  sentences  for  their  role 
in  the  incident,  in  which  34  Jewish  tombs  were  vandalized  and  freshly  buried 
corpses  unearthed  and  impaled. 

In  January  seven  youths  were  arrested  in  the  town  of  Saint-Files  for  the  bombing 
of  a  Muslim  prayer  and  cultural  center.  A  second  bomb  exploded  outside  of  a  Paris 
mosque  in  March,  slightly  injuring  the  caretaker. 

National  / Racial  / Ethnic  Minorities. — ^Anti-immigrant  sentiments  sparked  inci- 
dents including  occasional  attacks  by  skinheads  on  members  of  the  large  Arab/Mus- 
lim and  black  African  communities.  The  annual  NCCHR  report  noted  that  racist  at- 
tacks and  threats,  which  doubled  between  1994  and  1995,  from  207  to  454,  de- 
creased to  195  in  1996.  No  deaths  were  attributed  by  the  NCCHR  to  racist  violence 
in  1996  for  the  first  time  since  1993. 

The  Government  strongly  condemns  such  actions  and  attacks  and  has  strict 
antidefamation  laws.  Government  programs  attempt  to  combat  racism  and  anti- 
Semitism  by  promoting  public  awareness  and  bringing  together  local  officials,  police, 
and  citizen  groups.  There  are  also  antiracist  educational  programs  in  some  public 
school  systems. 

Racial  attacks  resulted  in  five  deaths  in  1995;  in  all  cases  suspects  have  yet  to 
be  tried.  Three  FN  youths  await  trial  in  the  1995  killing  in  Marseille  of  Ibrahim 
Ali,  a  17-year-old  shot  in  the  back  when  FN  youths  opened  fire  on  a  dozen 
Comoriens  during  a  political  rally.  Three  skinheads  were  arrested  and  await  trial 
for  the  1995  death  oi  Brahim  Bouraam,  a  young  Moroccan  bystander  pushed  off  a 


Sf 


1084 

uay  during  another  FN  political  rally.  Another  skinhead  was  arrested  for  theft  in 
lay  1995  and  confessed  that  one  of  his  friends  had  killed  a  Tunisian  in  April  1995 
in  Le  Havre  by  throwing  him  into  the  harbor.  In  May  1995,  an  FN  militant  stabbed 
an  Algerian  to  death  after  an  altercation  in  Cherbourg.  Another  right-wing  militant 
awaits  trial  for  beating  to  death  a  North  African  immigrant  in  September  1995  in 
Bayonne. 

Li  November  the  National  Assembly  adopted  a  law  granting  automatic  French  na- 
tionality to  children  bom  in  France  of  foreign  parents  once  they  reach  the  age  of 
18,  provided  that  they  have  lived  in  France  for  at  least  5  years  since  the  age  of  11, 
continuously  or  during  different  periods.  If  they  choose,  they  can  also  become 
French  as  young  as  age  13,  with  the  residence  period  dating  from  the  age  of  8.  The 
new  law  relaxes  tougn  legislation  passed  by  the  previous  conservative  government 
in  1993.  Under  the  new  law,  teenagers  have  the  right  to  reject  French  nationality 
in  the  6  months  before  turning  18  years  of  age  or  within  a  year  afterward.  A  for- 
eigner who  marries  a  citizen  can  now  claim  French  nationality  a  year  after  marriage 
instead  of  2  years. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  freedom  of  association 
for  all  workers.  Trade  unions  exercise  significant  economic  and  political  influence, 
although  onlv  about  10  percent  of  the  work  force  is  unionized.  Unions  have  legally 
mandated  roles  (as  do  employers)  in  the  administration  of  social  institutions,  includ- 
ing social  security  (health  care  and  most  retirement  systems),  the  unemployment  in- 
surance system,  labor  courts,  and  the  economic  and  social  councU,  a  constitutionally 
mandated  consultative  body. 

Unions  are  independent  of  the  (jovemment,  and  most  are  not  aligned  with  any 
political  party.  Many  of  the  leaders  of  the  (General  Confederation  of  Labor  and  its 
unions,  however,  belong  to  the  Communist  Party.  Unions  can  freely  join  federations 
and  confederations,  including  international  bodies. 

Workers,  including  civil  servants,  are  free  to  strike  except  when  a  strike  threatens 
public  safety.  One-fourth  of  all  salaried  employees  work  for  the  Government.  Strikes 
in  the  public  sector  occur  frequently  and  receive  extensive  media  coverage.  The 
number  of  workdays  lost  to  strike  action  approached  a  postwar  low  in  1997,  despite 
several  widely  publicized  national  strikes.  Interns  and  workers  at  a  number  of 
teaching  hospitals  went  on  strike  for  nearly  2  months  starting  in  early  March  over 
government-proposed  cutbacks  in  national  medical  benefits,  wages,  and  working 
conditions.  Airlme  pilots  disrupted  domestic  and  international  air  traffic  during 
April,  May,  and  November  in  protest  over  pay,  working  conditions,  and  the  imple- 
mentation of  a  merger  between  Air  France  and  a  domestic  airline.  Conductors  on 
the  state-owned  railway  in  April  sporadically  disrupted  service,  particularly  in  the 
south  of  France,  through  a  series  of  brief  strikes  over  staff  reductions,  work  sched- 
ules, and  allowances.  A  1-dav  nationwide  railwaj'  strike  in  October,  which  included 
Paris  subway  trains,  caused  more  widespread  disruptions.  Truck  drivers  in  May 
mounted  a  limited  strike  to  protest  the  failure  of  some  trucking  companies  to  honor 
the  terms  of  an  agreement  that  ended  a  late  1996  nationwide  truckers  strike.  A  5- 
day  national  truckers*  strike  in  November  blocked  or  slowed  down  traffic  on  major 
highways.  Other  notable  labor  actions  included:  a  peaceful  occupation  of  the  head- 
quarters of  Credit  Immobilier  bank  in  January  over  prospective  job  losses;  a  1-day 
strike  by  journalists  in  November  over  government  plans  to  end  a  tax  break  for 
members  of  their  profession;  strikes  in  December  at  two  government-owned  tele- 
vision channels  over  pay,  working  conditions,  and  reorganization  plans;  transit 
workers'  strikes  in  regional  cities  over  pay,  work  time,  and  job  security;  a  strike  in 
November  by  lawyers,  clerks,  and  juages  demanding  more  staff;  and  recurrent 
strikes  by  shipyard  workers  in  Brest  over  cutbacks  in  the  defense  industiy.  The 
turnout  was  low  for  a  general  strike  called  by  public  sector  workers  in  early  March. 
European  and  French  unions  in  early  June  staged  a  march  in  Paris  protesting  high 
unemployment  throughout  the  continent. 

The  law  prohibits  retaliation  against  strikers  and  strike  leaders,  and  the  Govern- 
ment effectively  enforces  this  provision. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers,  including  those  in 
the  three  small  export  processing  zones,  have  the  right  to  organize  and  bargain  col- 
lectively. The  law  strictly  prohibits  antiunion  discrimination;  employers  found  guilty 
of  such  activity  are  required  to  correct  it,  including  the  reinstatement  of  workers 
fired  for  union  activities. 

A  1982  law  requires  at  least  annual  bargaining  in  the  public  and  private  sector 
on  wages,  hours,  and  working  conditions  at  both  plant  and  industry  levels  but  does 
not  require  that  negotiations  result  in  a  signed  contract.  In  case  of  an  impasse,  gov- 
ernment mediators  may  impose  solutions  that  are  binding  unless  formally  rejected 


1085 

by  either  side  within  a  week.  If  no  new  agreement  can  be  reached,  the  contract  from 
me  previous  year  remains  valid.  Over  90  percent  of  the  private  sector  work  force 
is  covered  by  collective  bargaining  agreements  negotiated  at  national  or  local  levels. 
Trilateral  consultations  (unions,  management,  and  government)  also  take  place  on 
such  subjects  as  the  minimum  wage,  temporary  work,  social  security,  ana  unem- 
ployment benefits.  Labor  tribunals,  composed  of  worker  and  employer  representa- 
tives, are  available  to  resolve  complaints. 

The  law  requires  businesses  with  more  than  50  employees  to  establish  a  worics 
council,  through  which  workers  are  consulted  on  training,  working  conditions,  profit- 
sharing,  and  sinular  issues.  Works  councils,  which  are  open  to  both  union  and  non- 
union employees,  are  elected  every  2  years. 

The  Constitution's  provisions  for  trade  union  rights  extend  to  France's  overseas 
departments  and  territories. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor,  in- 
cluding that  performed  by  children,  is  prohibited  by  law,  and  the  Government  effec- 
tively enforces  this  provision.  In  its  1993  report,  however,  the  International  Labor 
Organization's  Committee  of  Experts  (COE)  questioned  the  French  practice  of  oblig- 
ing prisoners  to  work  for  private  enterprises  at  less  than  the  national  minimum 
wage.  In  1995  the  Government  officially  responded  to  the  COE,  pointing  out  that 
prisoners  participate  in  a  work  program  on  a  voluntary — not  a  mandatory — basis, 
that  more  prisoners  request  work  than  can  be  accommodated,  and  that  the  work  is 
designed  to  prepare  prisoners  for  reentry  into  the  labor  force. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — With  a 
few  exceptions  for  those  enrolled  in  certain  apprenticeship  programs  or  working  in 
the  entertainment  industry  children  under  the  age  of  16  may  not  be  employed^  Gfen- 
erally,  work  considered  arduous  or  work  between  the  hours  of  10  p.m.  and  5  a.m. 
may  not  be  performed  by  minors  under  age  18.  Forced  or  bonded  child  labor  is  pro- 
hibited by  law,  and  the  Government  effectively  enforces  this  prohibition  (see  Section 
6.C.).  Laws  prohibiting  child  employment  are  effectively  enforced  through  periodic 
checks  by  labor  inspectors,  who  have  the  authority  to  take  employers  to  court  for 
noncompliance  with  the  law. 

e.  Acceptable  Conditions  of  Work. — The  administratively  determined  minimum 
wage,  revised  whenever  the  cost-of-living  index  rises  2  percentage  points,  is  suffi- 
cient to  provide  a  decent  standard  of  living  for  a  worker  and  fanuly.  The  wage  was 
changed  to  $6.57  (F  39.43)  per  hour  as  of  July  1. 

The  legal  workweek  is  39  hours,  with  a  minimum  break  of  24  hours  per  week. 
Overtime  is  restricted  to  9  hours  per  week. 

The  Ministry  of  Labor  has  overall  responsibility  for  policing  occupational  health 
and  safety  laws.  Standards  are  high  and  effectively  enforced.  Workers  have  the 
right  to  remove  themselves  from  dangerous  work  situations.  The  law  requires  each 
enterprise  with  50  or  more  employees  to  establish  an  occupational  health  and  safety 
committee.  Over  75  percent  of  all  enterprises,  covering  more  than  75  percent  of  all 
employees,  have  fully  functioning  health  and  safety  committees. 

GEORGIA 

Georgia  declared  independence  from  the  Soviet  Union  in  1991.  Multiparty  par- 
liamentary elections  followed  a  short-lived  military  coup  in  1992  that  ousted  the 
elected  government  of  Zviad  Gamsakhurdia.  In  August  1995,  Parliament  adopted  a 
Constitution  that  provides  for  an  executive  branch  that  reports  to  the  Presioent,  a 
legislature,  and  an  independent  judiciary.  In  November  1995,  Eduard  Shevardnadze 
was  elected  President,  and  a  new  Parliament  was  selected  in  elections  described  by 
international  observers  as  generaUy  consistent  with  democratic  norms  except  in  the 
self-governing  region  of  Ajara.  The  President  appoints  ministers  with  the  consent 
of  the  PtirUament.  The  judiciary  is  subject  to  executive  pressure. 

Latemal  conflicts  in  Abkhazia  and  South  Ossetia  that  erupted  in  the  early  1990's 
remain  unresolved,  although  cease-fires  in  both  areas  are  in  force.  These  conflicts, 
together  with  problems  created  by  rou^ly  250,000  internally  displaced  persons 
(IDPs),  pose  the  greatest  threat  to  national  stability.  In  1993  Abkhaz  separatists 
won  control  of  Abkhazia,  and  most  ethnic  (Georgians,  a  large  plurality  of  tne  popu- 
lation, fled  the  region.  In  1994  Russian  peacekeeping  forces  representing  the  Com- 
monwealth of  Independent  States  (CIS)  deployed  in  the  conflict  area  with  the  agree- 
ment of  the  Government  and  the  Abkhaz  separatists.  Despite  the  presence  of  peace- 
keepers, there  has  been  only  very  limited  repatriation  of  ethnic  Georgian  IDPs, 
apart  from  some  spontaneous  returns  to  the  Gali  region  of  Abkhazia,  where  the  se- 
curity situation  remains  unstable.  A  Russian  peacekeeping  force  has  been  in  South 


1086 

Ossetia  since  June  1992.  Repatriation  to  South  Ossetia  has  also  been  slow.  The  Gov- 
ernment has  no  effective  control  over  either  Abkhazia  or  South  Ossetia.  There  were 
no  large-scale  armed  hostilities  in  South  Ossetia  or  Abkhazia  in  1997,  but  the  inten- 
sity and  frequency  of  partisan  warfare  in  Abkhazia  increased.  Abkhaz  and  Georgian 
armed  criminal  bands  were  also  active  in  Abkhazia. 

The  Ministry  of  Interior  (MVD)  and  Procuracy  have  primary  responsibility  for  law 
enforcement,  and  the  Ministry  of  State  Security  (MGB,  formerly  KGB)  plays  a  sig- 
niiicant  role  in  internal  security.  In  times  of  internal  disorder,  the  Government  may 
call  on  the  army.  Reformist,  elected,  civilian  authorities  still  maintain  inadequate 
control  of  the  law  enforcement  and  security  forces.  In  particular  representatives  of 
the  MVD  and  Procuracy  committed  serious  human  rights  abuses. 

The  economy  continued  its  turnaround,  with  a  growth  rate  estimated  by  the  Inter- 
national Monetary  Fund  (IMF)  at  10  percent.  The  economy  is  primarily  agricultural. 
Foreign  aid  remains  an  essential  component  of  the  economy.  The  country  began  a 
second  stage  of  economic  reforms  to  complete  the  transition  to  a  free  market  econ- 
omy, but  the  ongoing  energy  crisis  remains  an  obstacle  to  economic  progress.  The 
IMF  estimated  annual  per  capita  gross  domestic  product  at  over  $850. 

The  Government  continued  efforts  to  improve  its  uneven  human  rights  record,  but 
serious  problems  remain.  Police  and  security  forces  routinely  abuse  and  beat  pris- 
oners and  detainees,  force  confessions,  and  fabricate  or  plant  evidence.  Inhuman 
prison  conditions,  along  with  abuse,  led  to  deaths  in  custody.  Corrupt  and  incom- 
petent judges  seldom  displayed  independence  from  the  executive  branch,  leading  to 
trials  that  were  neither  fair  nor  expeditious.  Law  enforcement  agencies  illegally 
interfered  with  citizens'  right  to  privaw  at  times  and  limited  freedom  of  assembly, 
violently  dispersing  peaceml  rallies.  The  Government  constrains  some  press  free- 
doms. Discrimination  against  women  is  also  a  problem. 

Senior  government  oflicials  openly  acknowledged  serious  human  rights  problems, 
especially  those  linked  to  law  enforcement  agencies,  and  sought  international  advice 
and  assistance  on  needed  reforms.  However,  while  structural  reforms  designed  to 
improve  respect  for  human  rights  continued  to  be  implemented,  there  was  no 
change  in  the  practices  of  the  law  enforcement  agencies. 

Nevertheless,  increased  citizen  awareness  oi  democratic  values,  and  growth  of 
civil  society  provided  some  check  on  the  excesses  of  law  enforcement  agencies.  The 
Parliament  challenged  the  law  enforcement  agencies  by  forcing  the  resignation  of 
the  Security  Minister  and  by  investigating  charges  of  abuse.  Parliament  passed  a 
Law  on  the  Courts  designed  to  increase  judicial  comf>etence  and  independence  as 
well  as  a  new  Criminal  Procedures  Code  that  puts  into  effect  constitutional  protec- 
tions. Independent  newspapers  showed  greater  maturity  and  a  continued  willing- 
ness to  criticize  government  policies  and  actions.  The  number,  variety,  and  sophis- 
tication of  independent  nongovernmental  organizations  (NGO's)  grew,  as  did  their 
ability  to  speak  out  for,  and  defend  the  rights  of,  individual  citizens. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Government  authorities  reported 
that  during  the  year  92  people  died  while  in  prison  or  pretrial  detention,  compared 
with  1996,  when  74  people  died  in  prison  and  13  died  in  pretrial  detention.  AU  of 
the  1997  deaths  were  officially  attributed  to  medical  causes,  most  of  them  to  tuber- 
culosis. According  to  the  International  Committee  for  the  Red  Cross  (ICRC),  tuber- 
culosis is  endemic  in  the  prison  system,  in  recognition  of  which  the  ICRC  began  a 
program  to  reduce  its  incidence.  Physical  abuse  and  torture  of  prisoners  also  played 
a  role  in  the  prison  mortality  rate.  Credible  sources  within  the  Government  report 
that  the  death  of  Zurab  Toidze,  a  leader  of  the  now  outlawed  paramilitery 
Mkhedrioni  Group,  was  due  to  the  effects  of  mistreatment  (see  Section  I.e.).  Akaki 
laobashvili,  who  was  detained  in  July  on  suspicion  of  involvement  in  a  kidnaping, 
died  shortly  thereafter  as  the  result  of  falling  from  the  sixth  floor  of  MVD  head- 
quarters while  being  interrogated.  Local  human  rights  monitors  reported  that  he 
was  thrown  from  the  window.  An  investigation  was  undertaken,  but  by  year's  end 
had  produced  no  results.  A  police  captain  was  sentenced  to  imprisonment  for  the 
death  of  a  man  he  had  beaten  (see  Section  I.e.). 

Perpetrators  of  atrocities  and  other  political  killings  on  the  part  of  individuals  on 
either  side  of  the  separatist  conflict  in  Abkhazia  are  not  being  investigated,  pros- 
ecuted, or  punished.  The  United  Nations  High  Commissioner  for  Human  Rights  and 
the  Organization  for  Security  and  Cooperation  in  Europe  (OSCE)  mission  estab- 
lished a  joint  human  rights  office  in  Sukhumi,  Abkhazia,  to  investigate  security  inci- 
dents and  human  rights  abuses.  President  Shevardnadze  continued  to  urge  the 


1087 

United  Nations  to  create  a  body  to  investigate  and  punish  those  guilty  of  crimes 
against  humanity  in  Abkhazia. 

b.  Disappearance. — Geoivian  and  Abkhaz  commissions  on  missing  persons  report 
that  the  fate  of  over  1,000  Georgians  and  approximately  800  Abkhaz  who  dis- 
appeared as  a  result  of  the  war  in  Abkhazia  is  still  unknown.  No  progress  has  been 
made  in  determining  their  whereabouts.  The  two  sides  to  the  conllict  did  cooperate 
on  occasional  exchanges  of  prisoners.  The  OSCE  reported  that  only  six  Georgians 
and  two  Abkhaz  are  Known  to  remain  in  each  others  custody.  Partisan  groups  ac- 
tive in  Abkhazia  periodically  take  hostages.  The  Abkhaz  authorities  periodically 
round  up  young  Georgian  males  in  the  predominantly  ethnic  Geoi^an  region  of  Gali 
and  impress  them  into  service  in  the  Abkhsiz  military. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  forbids  the  use  of  torture,  but  serious  abuses  occur.  Members  of 
security  forces  continued  to  beat  and  abuse  prisoners  and  detainees  on  a  routine 
basis,  usually  in  order  to  extract  confessions.  The  most  serious  incidents  of  abuse 
occur  in  the  mvestigative  stage  of  pretrial  detention  when  suspects  are  interrogated 
by  police.  Zurab  Toidze  (see  Section  l.a.)  died  in  May  from  an  asthmatic  seizure 
brought  on  by  beatings  he  received  while  in  pretrial  detention.  A  lawsuit  has  been 
filed  and  an  investigation  begun  into  the  case.  Credible  sources  report  that  Akaki 
Kaobashvilli  was  mistreated  before  his  death  (see  Section  l.a.)  In  the  past,  security 
forces  have  tortured  some  defendants  in  politically  sensitive  cases,  such  as  members 
of  the  former  Gamsakhurdia  government,  and  members  of  the  paramilitary 
Mkhedrioni  (see  Section  I.e.).  In  May  security  forces  beat  journalists  who  were  re- 
porting on  a  rally  of  Gamsakhurdia  supporters  (see  Section  2.b.). 

Government  officials  continue  to  claim  that  a  lack  of  proper  training  and  super- 
vision of  investigators  and  guards  often  results  in  cases  oi  abuse.  Corruption  and 
criminality  also  play  a  role.  A  number  of  policemen  have  been  arrested  or  dis- 
ciplined for  physical  abuse.  However,  this  action  tends  to  occur  only  in  extreme 
cases,  such  as  those  resulting  in  death.  In  July  police  captain  Paata  Bezhanishvili 
was  sentenced  to  4  years'  imprisonment  for  the  December  1996  death  of  Georgi 
Amashukeli.  Amashukeli,  whose  car  crashed  into  a  police  car  and  died  in  the  hos- 
pital after  having  been  beaten  by  Bezhanishvili. 

Members  of  the  Parliamentary  Committee  on  Human  Rights  and  Ethnic  Relations 
and  local  human  rights  groups  independently  investigate  claims  of  abuse.  Despite 
fear  of  retaliation,  many  inaividuals  file  claims.  The  CJovemment  also  named  a 
human  rights  advisor  to  the  National  Security  Council  to  investigate  claims  of 
abuse.  In  November  the  constitutionally  mandated  Office  of  Human  Rights  De- 
fender, created  in  1995,  was  finally  filled.  At  year's  end,  the  Office  was  not  fully 
functioning  (see  Section  l.d.). 

Local  human  rights  observers  report  that  abuse  most  commonly  occurs  in  two  pre- 
trial detention  facilities.  Isolator  5  in  Tbilisi  and  the  facility  in  Kutaisi.  Isolator  5 
is  located  in  the  basement  of  the  MVD  headquarters  and  is  the  facility  in  which 
detainees  suspected  of  a  serious  crime,  or  whose  cases  have  political  overtones,  are 
incarcerated.  The  individuals  arrested  in  connection  with  the  assassination  attempt 
on  President  Shevardnadze  in  August  1995  are  held  in  this  facility.  According  to 
local  human  rights  observers,  despite  calls  by  senior  law  enforcement  officials  for 
investigators  to  show  restraint,  virtually  every  detainee  brought  to  Isolator  5  is 
beaten.  Often  the  threat  of  incarceration  in  this  facility  is  sufficient  to  induce  a  con- 
fession. 

Prison  authorities  admit  that  conditions  are  inhuman  in  many  facilities.  They 
blame  inadequate  cells,  medicine,  and  food  on  a  lack  of  resources.  For  example,  in 
Isolator  5  more  than  2,000  inmates  are  housed  in  a  prison  designed  for  fewer  than 
1,000.  Cells  can  contain  as  many  as  36  inmates  witn  so  few  beds  that  they  must 
sleep  in  shifts.  The  lack  of  proper  sanitation,  medical  care,  and  food  poses  a  serious 
threat  to  the  life  and  healtn  of  prisoners.  Tuberculosis  is  a  particular  problem  and 
was  responsible  for  many  of  the  deaths  of  individuals  in  custody  (see  Section  l.a.). 
Government  plans  announced  in  1995  to  build  new  facilities  remain  unfulfilled. 

The  ICRC  nad  full  access  to  detention  facilities  in  accordance  with  its  customan' 
procedures,  which  include  meetings  with  detainees  without  the  presence  of  third- 
party  observers  and  regular  repetition  of  visits.  In  June  President  Shevardnadze  is- 
sued a  decree  instructing  the  Ministers  of  Security,  Interior,  and  the  Procuracy  to 
"take  measures  for  the  halting  of  torture  and  other  cruel,  inhuman  or  degrading 
treatment."  Following  this  decree,  international  human  rights  monitors  reported  en- 
hanced cooperation  on  the  part  of  government  officials  and  increased  access  to  pris- 
oners. The  OSCE  mission  and  foreign  diplomats  were  granted  access  to  visit  pris- 
oners and  detainees.  However,  local  human  rights  groups  reported  that  they  still 
encountered  obstacles  in  visiting  detainees,  especially  those  whose  cases  have  politi- 
cal overtones. 


1088 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^The  Constitution  includes  provisions  to 
protect  citizens  against  arbitrary  arrest  and  detention;  however,  authorities  fre- 
quently violated  these  provisions.  The  Constitution  provides  for  a  9-month  period  of 
maximum  pretrifd  detention,  mandated  court  approval  of  detention  after  "^  hours, 
and  restrictions  on  the  role  of  the  prosecutor  (see  Section  I.e.).  These  safeguards  are 
not  yet  in  force  and  not  observed.  A  new  Criminal  Procedures  Code,  along  with 
other  legislation  to  implement  constitutional  protections  and  restrict  the  powers  of 
the  Procuracy  and  the  police  was  passed  by  Parliament  in  November,  but  by  year's 
end  it  was  not  yet  in  force  (see  Section  I.e.). 

In  the  absence  of  the  new  Criminal  Procedures  Code,  the  Criminal  Code  of  the 
former  Greorgian  Soviet  Socialist  Republic  continues  to  be  used  by  a  law  enforcement 
and  court  system  that  is  still  beginning  to  adapt  to  democratic  norms.  Under  Soviet 
law,  prosecutors  issued  warrants  for  arrests  and  searches  without  court  approval. 
Persons  could  be  legally  detained  for  up  to  72  hours  without  charge.  After  72  nours, 
the  prosecutor  was  required  to  approve  the  detention.  However,  this  approval  was 
oft«n  a  formality  since  it  was  normally  the  prosecutor  who  initiated  the  arrest  in 
the  first  place.  The  law  allowed  for  a  maximum  of  18  months  of  detention  before 
trial. 

In  practice  even  these  provisions  are  frequently  violated.  Virtually  no  means  are 
available  for  accused  individuals  to  present  their  cases  to  a  judge  prior  to  trial.  This 
effectively  means  that  pretrial  detention  is  at  the  discretion  oi  the  prosecutor.  Per- 
sons detained  on  suspicion  of  involvement  in  the  attempted  assassination  of  Presi- 
dent Shevardnadze  in  1995  were  held  without  trial  for  27  months  before  the  trial 
finally  began  in  December. 

There  were  no  cases  of  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  in  practice  the  judiciary  often  does  not  exercise  independence.  Prior  to 
adoption  of  the  Constitution,  the  courts  were  often  influenced  by  pressure  from  the 
executive  branch.  This  pattern  continues,  with  judicial  authorities  frequently  defer- 
ring to  the  executive  branch,  particularly  at  lower  levels  of  the  court  system.  Inves- 
tigators routinely  plant  or  fabricate  evidence  and  extort  confessions  in  direct  viola- 
tion of  the  Constitution.  Judges  are  generally  reluctant  to  exclude  evidence  obtained 
illegally  over  the  objection  oT  the  Procuracy.  Local  human  rights  observers  also  re- 

eort  widespread  judicial  incompetence  and  corruption,  including  the  payment  of 
ribes  to  prosecutors  and  judges,  which  also  leads  to  denial  of  justice. 

A  new  Law  on  the  Courts,  designed  to  enhance  judicial  independence,  was  passed 
by  Parliament  in  June.  Under  the  new  law,  (Georgia  retains  a  three-tier  court  sys- 
tem. At  the  lowest  level  are  the  district  courts,  which  hear  both  routine  criminal 
and  civil  cases.  At  the  next  level  are  regional  courts  of  appeal,  which  serve  as  appel- 
late courts  for  the  district  courts;  they  review  cases,  and  either  confirm  verdicts  or 
return  cases  to  the  lower  court  for  retrial.  The  regional  courts  also  try  major  crimi- 
nal and  civil  cases.  The  judicial  regions  intentionally  do  not  coincide  with  political 
regions  in  order  to  lessen  the  ability  of  appointed  regional  executive  branch  officials 
to  pressure  the  courts.  The  Supreme  Court,  the  hignest  level,  acts  as  an  appellate 
court.  Administration  of  the  court  system  was  moved  from  the  Ministry  of  Justice 
to  a  new  Council  of  Justice.  The  Council  has  12  members,  4  selected  from  within 
eadi  branch  of  government.  The  law  set  up  a  testing  procedure  for  current  and  pro- 
spective judges  to  be  administered  by  the  Council.  The  testing  procedure  is  designed 
to  reduce  judicial  incompetence.  Judges'  salaries  were  raised  to  the  level  of  par- 
liament members  to  reduce  incentives  for  corruption. 

A  separate  Constitutional  Court  was  created  in  1996.  Its  mandate  includes  arbi- 
trating constitutional  disputes  between  the  branches  of  government  and  ruling  on 
individual  claims  of  human  rights  violations.  The  Court  chose  to  interpret  this  latter 
function  narrowly,  agreeing  to  rule  o^v  on  cases  where  the  complaint  alleges  that 
the  violation  was  sanctioned  by  law.  The  Court  rejected  numerous  complaints  that 
alleged  that  an  illegal  violation  of  human  rights  had  occurred. 

According  to  the  Constitution,  a  detainee  is  presumed  innocent  and  has  the  right 
to  a  public  trial.  A  detainee  has  the  right  to  demand  immediate  access  to  a  lawyer 
and  to  refuse  to  make  a  statement  in  the  absence  of  counsel.  The  detaining  officer 
must  inform  the  detainee  of  his  rights  and  must  notify  the  detainee's  family  of  his 
location  as  soon  as  possible.  These  rights  mark  a  significant  departure  from  Soviet 
legal  practice,  but  tney  are  not  fully  observed.  Defense  attorneys  must  still  obtain 
permission  from  the  investigator  to  visit  clients,  and  permission  is  often  refused.  In- 
vestigators seldom  inform  individuals  of  their  rights. 

The  legislation  required  to  implement  constitutional  guarantees  was  passed  by 
Parliament  in  November.  The  implementing  legislation  included  a  Criminal  Proce- 
dures Code  and  a  law  on  the  Procuracy.  These  laws  are  designed  to  create  a  legal 
system  with  adversarial  trials  by  reducing  the  pervasive  powers  of  the  Procuracy, 


1089 

increasing  the  rights  of  defense  attorneys,  and  enhancing  the  independence  and  au- 
thority of  the  judiciary.  Currently,  Soviet  law  continues  to  be  used.  Under  Soviet 
law,  prosecutors  are  vested  with  powers  greater  than  those  of  judges  and  defense 
attorneys.  Prosecutors  direct  criminal  investigations,  supervise  some  judicial  func- 
tions, and  represent  the  State  in  trials.  Trials  are  not  conducted  in  an  adversarial 
manner.  Prosecutors  continued  to  wield  disproportionate  influence  over  outcomes. 

Under  Soviet  law,  the  State  must  provide  legal  counsel  if  the  defendant  is  unable 
to  afford  one.  In  fact  the  State  provided  virtually  all  criminal  defense  attorneys,  as 
they  remain  by  and  large  employees  of  the  State.  Attorneys  are  assigned  to  a  case 
by  the  Office  of  Legal  Assistance,  a  part  of  the  state-controlled  Bar  Association, 
upon  the  recommendation  of  the  Procurator's  Office.  Private  attorneys  are  allowed 
in  criminal  cases  only  with  the  express  written  approval  of  the  Office  of  Legal  As- 
sistance. Parties  to  civil  cases  are  permitted  to  choose  their  attorney. 

In  recent  years,  the  Government  has  tried  Badri  Zarandia,  Loti  Kobalia,  Nugzar 
Molodinashvih,  and  other  members  of  the  former  Gamsakhurdia  government  who 
fought  against  forces  loyal  to  the  Shevardnadze  Government.  In  these  cases,  the 
Government  consistently  violated  due  process  during  the  investigation  and  trial. 
Torture,  use  of  forced  confessions,  fabricated  or  planted  evidence,  denial  of  legal 
counsel,  and  expulsion  of  defendants  from  the  courtroom  took  place.  This  pattern 
continued  in  the  investigation  and  trial  of  Dodo  Gugeshashvili  and  12  other  mem- 
bers of  the  paramilitary  Mkhedrioni.  Gugeshashvili,  who  was  the  deputy  head  of  the 
Mkhedrioni,  was  tried  and  convicted  in  November  on  charges  of  banditry.  She  re- 
ceived a  10-year  prison  sentence.  The  trial  of  Jaba  loseliani,  the  head  of  the 
Mkhedrioni,  and  14  other  alleged  conspirators  in  the  1995  assassination  attempt  on 
President  Shevardnadze  started  on  December  1,  but  it  was  quickly  recessed  and  had 
not  resumed  by  the  end  of  the  year.  The  investigative  stage  of  this  trial  has  also 
been  characterized  by  violations.  At  least  one  oi  those  detained,  former  Security 
Service  Capttiin  Guram  PapukashvUi,  was  beaten  severely,  and  alleged  conspirators 
were  held  in  pretrial  detention  for  27  months,  well  in  excess  of  even  the  Soviet  legal 
limit  (see  Section  l.d.). 

As  part  of  a  moratorium  on  capital  punishment,  in  July  President  Shevardnadze 
conmiuted  the  death  sentences  of  all  54  prisoners  facing  capital  punishment,  includ- 
ing Zarandia,  Kobalia,  and  other  Gamsakhurdia  supporters,  and  the  two  men  con- 
victed in  1995  of  attempting  to  kill  Jaba  Koseliani.  The  sentences  were  reduced  to 
20  years'  imprisonment. 

Qiarges  were  finally  dropped  in  the  case  of  Eldar  (jogoladze,  a  former  colonel  in 
the  State  Security  Service,  who  was  ostensibly  arrested  on  suspicion  of  weapons  pos- 
session, although  at  the  time  he  had  a  permit  to  carry  a  weapon,  and  when  police 
searched  his  home  no  weapons  were  found. 

Colonel  Gia  Korbesashvili,  arrested  and  severely  beaten  in  July  1995,  was  con- 
victed of  the  attempting  bombing  of  a  bridge  in  TTjilisi  and  sentenced  to  12  years' 
imprisonment. 

mtemational  and  local  human  rights  groups  agree  that  there  are  political  pris- 
oners but  disagree  about  the  number.  Russian  human  rights  activist  Sergei  Kovalev 
visited  17  prisoners  and  detainees  and  concluded  that  all  were  being  held  for  politi- 
cal reasons.  Local  observers  disagreed  with  his  view,  noting  that  many  of  the  indi- 
viduals had  committed  violent  acts  during  the  civil  war  or  the  period  of  near  anar- 
chy that  followed.  Although  these  individuals,  members  of  the  Mkhedrioni, 
Gamsakhurdia  supporters,  and  MGB  personnel,  may  have  had  jwlitical  objectives, 
they  committed  criminal  acts  and  were  tried  and  sentenced  on  criminal  grounds.  Ac- 
cording to  some  local  observers  there  are  several  Gamsakhurdia  supporters  who 
never  took  up  arms  and  should  be  considered  political  prisoners,  including  Nugzar 
Molodinashvili,  Valter  Shurgaia,  Zviad  Dzidziguri,  and  Zaur  Kobalia  (Loti  Kobalia's 
brother).  These  individuals,  political  leaders  of  Gamsakhurdia's  movement,  were 
tried  and  convicted  on  poorly  substantiated  charges  of  treason,  banditry,  and  illegal 
possession  of  weapons.  They  are  currently  serving  sentences  ranging  from  7  to  12 
years  in  prison. 

Itemur  Jhorjholiani,  a  former  member  of  Parliament  and  head  of  the  Monarchist 
Party,  was  pardoned  by  President  Shevardnadze  in  November  and  released  from 
prison.  Jhorjholiani  had  been  serving  a  4-year  sentence  for  drug  possession  and  as- 
sault on  a  police  oflicer. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  forbids  the  tapping  of  telephones  and  other  forms  of  interference  in  an 
individual's  private  life  witnout  court  approval  or  legal  necessity.  However,  in  prac- 
tice law  enforcement  agencies  monitor  private  telephone  conversations  without  ob- 
taining court  orders.  In  June  then  head  of  the  MGB,  Shota  Kviraia,  was  inves- 
tigated by  Parliament  for  illegally  tapping  the  telephones  of  journalists.  During  the 
parliamentary  hearings  in  June,  journalists  identified  tape  recordings  of  their  con- 


1090 

versations.  In  the  wake  of  the  scandal,  Kviraia  was  forced  to  resign.  State  security 
police  and  state  tax  authorities  also  enter  homes  and  places  of  work  without  legal 
sanction.  PoUce  regularly  stop  and  search  vehicles  without  probable  cause  to  extort 
bribes.  The  hi^  level  oi  unregulated  police  misconduct  and  corruption  has  under- 
mined public  confidence  in  government,  especially  law  enforcement  agencies. 

In  the  Gali  district  of  Abkhazia,  Abkhaz  authorities  periodically  impress  young 
Georgian  males  into  the  Abkhaz  military  (see  Section  l.a.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  and  the  1991  press  law  pro- 
vide for  freedom  oi  the  press;  however,  although  the  independent  press  was  increas- 
ingly active,  the  Government  constrained  some  press  freedoms.  According  to  journal- 
ists, security  and  law  enforcement  authorities  attempted  to  intimidate  the  press 
through  public  comments  and  private  admonitions.  In  May  security  forces  beat  jour- 
nalists wno  were  reporting  on  a  rally  of  Gamsakhordia  supporters  (see  Section  2.b.). 
There  is  no  law  providing  pubUc  access  to  government  information,  and  government 
officials  are  sometimes  unwilling  to  answer  press  inquiries.  Journalists  lack  effec- 
tive legal  protection,  and  this  circumstance  hinders  investigative  journalism. 

Some  200  independent  newspapers  operate,  and  the  press  increasingly  serves  as 
a  check  on  government,  frequently  criticizing  the  performance  of  high-level  officials. 
However,  no  independent  newspapers  have  a  national  audience,  althou^  several 
have  emerged  as  serious  and  reputable  sources  of  information.  The  Government  fi- 
nances and  controls  two  newspapers  and  a  radio  and  television  network,  which  have 
a  national  audience  and  reflect  official  viewpoints.  Most  persons  continue  to  get 
their  news  from  television.  The  Government's  monopoly  on  broadcast  news  was  bro- 
ken when  Rustavi-2,  the  Tbilisi  member  station  oi  the  fledgling  independent  tele- 
vision network,  TNG,  successfully  resisted  government  attempts  to  shut  it  down. 
The  Ministry  of  Communications  revoked  the  station's  license  in  1996  and  awarded 
its  broadcast  channel  to  a  company  with  strong  ties  to  government  officials. 
Rustavi-2  eventually  appealed  the  revocation  to  the  Supreme  Court,  which  directed 
the  lower  court  to  reverse  its  decision  and  restore  Rustavi-2's  broadcast  license.  The 
station  resumed  broadcasting  in  May  and  again  displayed  independence  in  news 
and  programming. 

The  Government's  near  monopoly  on  printing  and  distribution  was  broken  with 
the  establishment  of  privately  owned  alternatives.  However,  distribution  remained 
a  vulnerable  area.  The  mayor  of  Kutaisi,  Temur  Shashiashvili,  issued  a  decree  to 
establish  a  single  distributor  in  Kutaisi  for  newspapers  and  magazines,  reportedly 
with  tJie  intent  of  limiting  press  criticism.  Independent  newspapers  and  television 
stations  continued  to  be  harassed  by  state  tax  authorities. 

Academic  freedom  is  widely  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  to  peaceful  assembly  without  prior  permission  from  the  authorities,  and 
in  practice  the  national  and  local  governments  generally  resp>ect  this  right.  Par- 
liament passed  a  law  on  peaceful  assembly  on  June  12  that  incorporated  these  con- 
stitutional provisions.  The  law  requires  political  parties  and  other  organizations  to 
give  prior  notice  and  obtain  permission  from  local  authorities  only  if  tney  intend  to 
assemble  on  a  public  thoroughfare.  Permits  for  assembly  are  granted  without  arbi- 
trary restriction  or  discrimination.  However,  government  respect  for  freedom  of  as- 
sembly was  limited  with  respect  to  supporters  of  former  President  Gamsakhurdia. 
The  "Zviadists,"  who  do  not  recognize  the  legitimacy  of  the  Government,  attempted 
to  hold  a  series  of  unsanctioned  rallies  on  Tbilisi  public  thoroughfares.  On  May  26, 
Independence  Day,  police  and  troops  from  the  Ministry  of  the  Interior  violently 
broke  up  their  rally.  Several  journalists  who  were  reporting  the  event  were  beaten 
by  police,  and  a  participant  in  the  rally,  Klara  Shukvan,  was  later  arrested  for  car- 
rying a  placard  insulting"  President  Shevardnadze.  At  year's  end,  she  was  being 
held  in  pretrial  detention.  The  mayor  of  Tbilisi  and  the  Minister  of  Interior  publicly 
supported  the  actions  of  the  police  and  denounced  "unsanctioned  rallies."  Local 
human  rights  groups  staged  a  rally  in  June  to  protest  the  law  enforcement  agencies' 
excessive  use  of  force  in  dispersing  the  rally. 

On  September  24,  Gamsakhurdia  supporters  attempted  to  stage  a  rally  in  front 
of  the  university.  The  rally  was  dispersed  and  the  events  organizers,  Leila  Tsomaia 
and  Tamila  Nikoldaze,  were  arrested,  tried,  and  convicted  on  charges  of  civil  dis- 
order. They  received  prison  sentences  of  1  and  IV2  years  resp»ectively. 

The  Constitution  provides  for  freedom  of  association,  and  the  Government  re- 
spects this  right  in  practice.  Authorities  grant  permits  for  registration  of  associa- 
tions without  arbitrary  restriction  or  discrimination. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  Georgia  has  a  tradition  of  religious  toler- 


1091 

ance.  However,  the  Georgian  Orthodox  Church  lobbied  Parliament  and  the  Govern- 
ment for  laws  that  would  grant  it  special  status  and  restrict  the  activities  of  mis- 
sionaries from  "nontraditional"  religions.  In  May  the  Ministry  of  Justice  presented 
a  draft  of  a  law  on  religious  organizations  to  Parliament  which  would  have  identi- 
fied "traditional"  religions  eligible  for  government  assistance  and  support  but  would 
have  required  other  religious  organizations  to  wait  25  years  to  achieve  such  status. 
However,  the  bill  encountered  opposition,  was  returned  to  the  Ministry  to  be  rewrit- 
ten, and  no  fiirther  action  has  been  taken. 

The  Catholic  Church  and  the  Armenian  Orthodox  Church  have  been  unable  to  se- 
cure the  return  of  churches  closed  during  the  Soviet  period  and  later  given  to  the 
Georgian  Orthodox  Church.  A  prominent  Armenian  Church  in  Tbilisi  remains 
closed,  and  both  Churches,  as  is  the  case  with  Protestant  denominations,  have  been 
unable  to  get  permission  to  construct  new  churches,  reportedly  as  a  result  of  pres- 
sure from  me  Georgian  Orthodox  Church. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^The  Constitution  and  the  1993  Law  on  Migration  provide  for  these 
rights,  and  the  Government  generally  respects  them  in  practice.  Registration  of  an 
individual's  place  of  residence  is  no  longer  required,  nor  are  internal  passports.  In 
principle  the  Government  respects  the  right  of  repatriation,  although  approximately 
275,000  Meskhetian  Turks  (primarily  Muslim),  who  were  expelled  from  southern 
Georgia  to  Central  Asia  by  Stalin  in  the  1940's,  still  face  public  opposition  to  their 
return.  In  December  1996,  President  Shevardnadze  issued  a  decree  authorizing  the 
return  of  1,000  Meskhetians  per  year  for  5  years.  Parliament  considered  and  re- 
jected a  law  on  repatriation  that  would  have  provided  legal  status  and  funding  for 
Meskhetian  repatriates.  Since  independence  onlv  140  Meskhetians  have  returned  to 
Georgia;  40  returned  in  1997.  No  Meskhetians  nave  been  repatriated  as  a  result  of 
the  decree;  all  came  as  illegal  immigrants.  The  Government  funds  an  adaptation 
center  in  Tbilisi  where  most  of  these  individuals  are  housed. 

The  1994  quadripartite  agreement  (Russia,  Georgia,  Abkhazia,  and  the  United 
Nations  High  Commissioner  for  Refugees)  on  repatriation  in  Abkhazia  called  for  the 
free,  safe,  and  dignified  return  of  displaced  persons  and  refugees  to  their  homes. 
The  Abkhaz  separatist  regime  prevented  virtually  all  ofiicial  repatriation  and  uni- 
laterally abrogated  the  agreement  in  1994.  Over  the  past  3  years,  the  UNHCR  esti- 
mates that  more  than  40,000  of  the  estimated  250,000  IDPs  and  refugees  from 
Abkhazia  have  returned  spontaneously,  most  to  the  southern  part  of  the  GaU  dis- 
trict where  the  Abkhaz  militia  operate  only  sporadically.  Returnees  continue  to  face 
security  threats  from  Abkhaz  separatist  militia,  Georgian  partisans,  and  Abkhaz 
and  Georgian  armed  criminal  bands. 

The  1992  ethnic  conflict  in  South  Ossetia  also  created  tens  of  thousands  IDPs  and 
refugees.  Ethnic  Georgians  from  South  Ossetia  fled  to  Georgia  proper  and  Ossetians 
from  South  Ossetia  and  other  Georgian  regions  largely  fled  to  Russia.  The  UNHCR 
began  a  program  to  return  the  IDPs  and  refugees  to  their  homes  but  encountered 
obstacles.  The  South  Ossetian  separatists  defied  attempts  to  repatriate  ethnic  Geor- 
gians to  South  Ossetia.  For  demographic  refisons,  they  also  pressed  for  the  return 
of  aU  Ossetian  refugees  to  South  Ossetia  rather  than  to  their  original  homes  in 
other  Geoi^an  regions.  The  Government  publicly  recognized  the  right  of  Ossetian 
refugees  to  return  to  their  homes  in  Georgia,  but  opposition  persists  on  the  local 
level,  especially  over  the  return  of  illegally  occupied  homes. 

There  is  no  effective  law  concerning  the  settlement  of  refugees  or  the  granting  of 
political  asylum.  Georgia  has  so  far  not  acceded  to  the  1951  U.N.  Convention  Relat- 
ing to  the  Status  of  Refugees  and  its  1967  Protocol.  The  Government  has  not  pro- 
vided first  asylum,  both  because  there  are  no  legal  provisions  for  it  and  because  the 
matter  has  not  yet  been  raised  in  practical  terms. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  Constitution  and  the  1995  election  law  provide  citizens  with  the  right  peace- 
fully to  change  their  government.  Citizens  exercised  this  right  in  elections  in  Octo- 
ber 1992  and  November  1995.  A  democratically  elected  president  and  parliament 
govern  most  of  Georgia.  The  223-member  Parliament  and  President  Eduard 
hevardnadze  were  elected  in  multiparty  elections  in  1995.  Despite  some  violations, 
international  observers  judged  these  elections  to  meet  international  standards,  ex- 
cept in  Ajara.  There  was  no  voting  in  the  separatist  regions  of  Abkhazia  and  South 
Ossetia.  President  Shevardnadze's  party  won  a  majority  of  the  seats  in  Parliament. 
Only  two  other  parties  qualified  for  representation  in  Parliament,  but  the  opposition 
plays  an  important  role  in  the  Parliament,  often  leading  the  debate  on  important 
issues.  The  nonparliamentary  opposition  is  also  active  and  outspoken. 


1092 

The  Government  did  not  fulfill  its  commitment  to  hold  the  country's  first  local 
elections  in  1997,  while  the  Government  and  the  op{X)sition  debated  the  structure 
of  local  government.  The  opposition  called  for  both  local  councils  and  local  executive 
branch  officials  to  be  directly  elected.  The  Government  preferred  to  maintain  ap- 
pointed executive  branch  officials  along  with  elected  local  councils.  The  Govern- 
ment's plan  was  passed  by  Parliament  in  September.  Elements  in  the  opposition 
began  organizing  a  referendum  on  the  issue,  seeking  to  demonstrate  public  support 
for  the  election  of  all  local  officials.  The  referendum  was  rejected  by  the  Central 
Election  Commission  on  technical  grounds.  At  present  all  local  officials  are  ap- 
pointed by  the  President  and  are  often  not  from  the  region  in  which  they  serve,  lim- 
iting the  scope  of  local  self-government. 

The  separatist  regions  oi  Abkhazia  and  South  Ossetia  are  ruled  by  undemocratic 
leaders.  In  addition  the  region  of  Ajara  is  to  a  large  extent  self-governing  under  con- 
ditions resembling  a  police  state.  Ajara's  postindependence  relationship  to  the  rest 
of  Georgia  is  still  undefined,  and  in  matters  such  as  elections,  Ajara's  authorities 
claim  that  regional  laws  take  precedence  over  national  laws.  The  Government  does 
not  challenge  illegal,  undemocratic  activity  by  the  Ajaran  authorities  purportedly 
because  it  seeks  to  avoid  open  separatism  in  this  ethnic  Georgian,  historically  Mus- 
lim region.  Ajara  held  regional  elections  in  1996  for  which  it  denied  monitoring  re- 
quests from  international  as  well  as  Georgian  organizations.  In  addition  the  most 
serious  violations  noted  during  the  1995  national  elections  occurred  in  Ajara. 

Women  are  poorly  represented  in  Parliament.  Only  16  women  were  elected  to  Par- 
liament in  1995,  and  only  1  woman  has  been  named  to  a  ministerial  post.  National 
minorities  are  also  poorly  represented  in  Parliament.  There  are  four  Armenian  rep- 
resentatives and  three  Azeris  representing  populations  of  approximately  400,000 
and  300,000  respectively. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  generally  respects  the  right  of  international  organizations  to 
monitor  human  rights  but  continues  to  restrict  the  access  of  local  numan  rights 
groups  to  some  prisoners  (see  Section  I.e.). 

There  are  several  credible  local  organizations  that  monitor  human  rights,  but 
most  human  rights  monitoring  remains  politicized.  The  Government  claims  that 
most  local  human  rights  groups  are  extensions  of  partisan  political  groups,  while 
those  groups  criticized  the  Government's  human  rights  bodies,  such  as  the  National 
Security  Cfouncil's  human  rights  advisor,  for  favoring  the  Government.  The  Par- 
liamentary Committee  on  Human  Rights  is  viewed  as  more  objective  by  the  non- 
g)vemmental  sector.  The  constitutionally  mandated  Office  of  Public  Human  Rights 
efender,  or  omsbudsman,  created  in  1995,  was  finally  filled  in  November,  when 
Parliament  approved  the  candidacy  of  David  Salaridze,  the  former  head  of  the  State 
Revenue  Service.  The  office  is  accountable  neither  to  the  Parliament  nor  the  execu- 
tive, but  at  year's  end  it  was  not  fully  functioning  as  Salaridze  had  no  staff,  budget, 
or  office  space. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  recognizes  the  equality  of  all  citizens  without  regard  to  race,  lan- 
guage, sex,  religion,  skin  color,  political  views,  national,  ethnic,  or  social  affiliation, 
origin,  social  status,  landownership,  or  place  of  residence.  The  Government  gen- 
erally respects  these  rights.  The  Constitution  provides  for  Georgian  as  the  state  lan- 
guage, but  not  all  minorities  in  Georgia  prefer  to  use  Georgian.  As  a  practical  mat- 
ter, the  approximately  400,000  Armenians  and  300,000  Azeris  prefer  to  commu- 
nicate in  their  own  language.  The  Abkhaz,  Ossetian,  and  Russian  communities  pre- 
fer to  use  Russian.  Georgian  and  Russian  are  both  used  for  interethnic  communica- 
tion. 

Women. — Women's  nongovernmental  organizations  (NGO's),  including  the  Wom- 
en's Group  of  the  Georgian  Young  Lawyer  s  Association  (GYLA)  and  Women  for  De- 
mocracy, nave  been  formed  to  promote  women's  rights.  These  organizations  report 
that  spousal  abuse  usually  goes  unreported,  and  therefore  uninvestigated,  as  many 
women  are  unaware  of  tneir  legal  rights.  Spousal  abuse  reportedly  is  one  of  the 
leading  causes  of  divorce.  GYLA's  women's  group  set  up  a  hotline  to  provide  counsel- 
ing for  women,  and  plans  to  open  a  shelter  for  battered  women.  The  Government 
has  no  support  services  for  abused  women.  Sexual  harassment  is  reportedly  a  prob- 
lem in  the  workplace  and  is  not  investigated.  Police  do  not  always  investigate  re- 
ports of  rape.  There  are  no  laws  concerning  trafficking  in  women. 

Women's  access  to  the  labor  market  is  improving  but  remains  primarily  confined, 
particularly  for  older  women,  to  low-paying  and  low-skill  positions,  frequently  de- 


1093 

spite  high  professional  and  academic  qualifications.  Equal  pay  for  equal  work  is  gen- 
erally respected,  but  reportedly  men  are  given  preference  in  promotions. 

cAiWren.— Government  services  for  cnildren  are  extremely  limited.  The  1995 
Health  Reform  Act  withdrew  free  health  care  for  children  over  the  age  of  1  year. 
While  education  is  officially  free,  many  parents  are  unable  to  afford  books  and 
school  supplies,  and  most  parents  have  to  pay  for  their  children's  education. 

The  Georgian  private  voluntary  organization  Child  and  Environment  noted  a  dra- 
matic rise  in  homeless  children  following  the  collapse  of  the  Soviet  Union.  It  esti- 
mates that  there  are  more  than  1,000  street  children  in  Tbilisi  due  to  the  inability 
of  orphanages  and  the  Government  to  provide  support.  Child  and  Environment  re- 
ported that  during  the  winter,  street  children  die  of  exposure.  The  organization 
opened  a  shelter  that  can  only  accommodate  a  small  number  of  the  street  children. 
The  children  increasingly  survive  by  turning  to  criminal  activity,  narcotics,  and 

E restitution.  Despite  the  cultural  tradition  of  protecting  children,  the  Government 
as  taken  little  official  action  to  assist  street  children  due  to  a  lack  of  resources. 

People  With  Disabilities. — There  is  no  legislative  or  otherwise  mandated  provision 
requiring  accessibility  for  the  disabled.  The  Law  on  Labor  has  a  section  that  in- 
cludes the  provision  of  special  discounts  and  favorable  social  policies  for  those  with 
disabilities,  especially  disabled  veterans. 

Many  of  the  state  facilities  for  the  disabled  that  operated  in  the  Soviet  period 
have  been  closed  because  of  lack  of  government  funding.  Most  disabled  persons  are 
supported  by  family  members  or  by  international  humanitarian  donations. 

Religious  Minorities. — The  Government  generally  respects  the  rights  of  religious 
minorities.  However,  the  Georgian  Orthodox  Church  sought  special  status  from  the 
Government  (see  Section  2.c.)  and  tried  to  hinder  evangelical  missionaries  and  the 
Salvation  Army.  Foreign  Christian  missionaries,  particularly  evangelicals,  continued 
to  report  incidents  of  harassment  on  the  part  of  Orthodox  priests  and  their  support- 
ers. A  March  worship  meeting  of  the  Salvation  Army  in  Rustavi  was  disrupted  by 
a  crowd  led  by  10  Orthodox  priests.  The  Patriarchy  publicly  denounced  the  Salva- 
tion Army,  calling  it  a  satanic  organization.  The  Georgian  Orthodox  Church  has  ar- 
gued that  foreign  Christian  missionaries  should  confine  their  activities  to  non-Chris- 
tian areas. 

Organizations  promoting  the  rights  of  Jews  and  Jewish  emigration  continue  to  re- 
port mat  the  Government  provides  good  cooperation  and  support.  Jewish  leaders  at- 
tribute isolated  acts  of  anti-Semitism  in  previous  years,  including  the  publication  of 
anti-Semitic  newspaper  articles  and  the  destruction  of  Jewish  communal  property, 
to  general  instability  and  disorder.  The  Government  has  been  outspoken  in  denounc- 
ing anti-Semitism.  The  editor  of  the  independent  newspaper  Noi  received  a  3-year 
pnson  sentence  and  publication  of  the  newspaper  was  suspended  following  publica- 
tion of  a  virulently  anti-Semitic  article  in  1996. 

The  Jewish  community  publishes  and  distributes  a  newspaper  without  any  prob- 
lems. However,  the  Jewish  community  also  experienced  delay  in  the  return  of  prop- 
erty confiscated  during  Soviet  rule.  A  former  synagogue,  rented  from  the  Govern- 
ment by  a  theater  group,  was  ordered  by  the  courts  to  be  returned  to  the  Jewish 
community  in  ApriL  The  theater  group  refused  to  comply  and  started  a  publicity 
campaign  with  anti-Semitic  overtones  to  justify  its  continued  occupation  of  the 
building.  In  August  the  mayor  of  Tbilisi  gave  the  campaign  implicit  support  by  re- 
versing a  previous  city  government  decision  that  also  called  for  the  return  of  the 
building,  but  at  year's  end  there  had  been  no  resolution  of  the  issue. 

National  / Racial  / Ethnic  Minorities. — The  Government  generally  respects  the 
rights  of  members  of  ethnic  minorities  in  nonconflict  areas  but  limits  self-govern- 
ment in  the  ethnic  Armenian  and  Azeri  enclaves  (see  Section  3).  The  Government 
provides  insufficient  funds  for  schools  in  these  areas  but  allows  instruction  in  non- 
Georgian  languages.  Violence  in  Abkhazia  and  South  Ossetia  reflects  historic  ethnic 
tensions  and  the  legacy  of  Soviet  policy,  which  was  designed  to  pit  ethnic  minorities 
against  one  another. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  the  April  Law  on  Trade 
Unions  provide  for  the  right  of  citizens  to  form  andjoin  unions. 

The  principal  trade  union  is  the  Amalgamated  Trade  Unions  of  Georgia  (ATUG). 
The  ATUG  is  the  successor  to  the  official  union  that  existed  during  the  Soviet  pe- 
riod. The  union  broke  from  the  central  Soviet  labor  union  in  1989.  Its  present  struc- 
ture was  established  in  1995,  aft,er  the  union  had  resisted  efforts  first  by  the 
Gamsakhurdia  Government  and  later  by  the  State  Council  to  bring  the  union  under 
government  control.  The  ATUG  consists  of  29  sectoral  unions.  Its  leadership  was  in- 
directly elected  for  a  period  of  5  years  in  1995  by  representatives  to  the  ATUG  con- 
gress that  year.  The  organization  officially  claims  1.2  million  members,  but  acknowl- 


1094 

ed^es  that  the  number  of  active,  dues-paying  members  is  considerably  fewer.  The 
union  has  no  affiliation  with  the  Government  and  receives  no  government  funding. 
The  union  sees  its  primary  role  as  defending  the  economic  and  social  interests  of 
workers,  a  departure  from  its  Soviet  predecessor,  which  was  essentially  an  adminis- 
trative body  concerned  with  property  and  finance  rather  than  with  worker  rights. 
The  ATUG  organized  strikes  in  the  manganese  and  coal  mining  industries  and 
teachers'  strikes  in  several  locations.  In  each  case,  the  issue  was  unpaid  wages. 
There  was  no  retaliation  against  workers  who  struck. 

There  are  no  legal  prohibitions  against  affiliation  and  participation  in  inter- 
national organizations.  The  ATUG  works  closely  with  the  International  Confed- 
eration of  Free  Trade  Unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  and  the 
Law  on  Trade  Unions  allow  workers  to  organize  and  bargain  collectively,  and  this 
right  is  respected.  The  law  prohibits  antiunion  discrimination  by  employers  against 
union  members.  Employers  may  be  prosecuted  for  antiunion  discrimination  and  be 
made  to  reinstate  employees  and  pay  back  wages.  The  Ministry  of  Labor  inves- 
tigates complaints  but  is  not  staffed  to  conduct  effective  investigations. 

There  are  no  export  processing  zones. 

c.  Prohibition  of"  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor  and  provides  for  sanctions  against  violators.  Violations  are  rare; 
there  is  no  bonded  or  forced  child  labor.  The  Ministry  of  Labor  enforces  this  law. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Con- 
stitution prohibits  forced  or  compulsory  labor,  and  it  is  not  known  to  occur.  The 
Government  prohibits  forced  and  bonded  labor  by  children  and  enforces  this  prohibi- 
tion effectively  (see  Section  6.c.).  According  to  current  legislation,  the  minimum  age 
for  employment  of  children  is  16  years;  however,  in  exceptional  cases,  the  minimum 
age  can  be  14  years.  The  Ministry  of  Labor  enforces  these  laws,  and  they  are  gen- 
erally respected. 

e.  Acceptable  Conditions  of  Work. — The  nationally  mandated  minimum  wage  was 
abolished  in  1995  and  replaced  by  a  wage  scale  that  sets  salaries  for  various  grades 
in  the  public  sector,  the  lowest  of  which  is  approximately  $10  (13  lari)  per  month. 
There  is  no  state-mandated  minimum  wage  for  private  sector  workers.  Pensions  and 
salaries  are  usually  insufficient  to  meet  basic  minimum  needs. 

The  law  provides  for  a  41-hour  workweek  and  for  a  24-hour  rest  period.  The  gov- 
ernment workweek  is  often  shortened  during  the  winter  due  to  the  continuing  en- 
ergy crisis.  The  Labor  Code  permits  higher  wages  for  hazardous  work  and  permits 
a  worker  in  such  fields  to  refuse  duties  that  could  endanger  life. 


GERMANY 

The  Federal  Republic  of  Germany  is  a  constitutional  parliamentary  democracy 
with  an  independent  judiciary;  citizens  periodically  choose  their  representatives  in 
free  and  fair  multiparty  elections.  The  head  of  the  Federal  Government,  the  Chan- 
cellor, is  elected  by  the  lower  house  of  Parliament.  The  powers  of  the  Chancellor 
and  of  the  Parliament  are  set  forth  in  the  Basic  Law  (Constitution).  The  16  states 
enjoy  significant  autonomy,  especially  as  concerns  law  enforcement  and  the  courts, 
education,  the  environment,  and  social  assistance.  The  judiciary  is  independent. 

Law  enforcement  is  primarily  a  responsibility  of  state  governments,  and  the  police 
are  organized  at  the  state  level.  The  jurisdiction  of  the  Federal  Criminal  Office  is 
limited  to  counter-terrorism,  international  organized  crime,  especially  narcotics  traf- 
ficking, weapons  smuggling,  and  currency  counterfeiting.  Police  forces  in  general  are 
well  trained,  disciplined,  and  mindful  of  citizens'  rights,  although  there  were  in- 
stances of  alleged  police  abuse. 

Germany  has  a  well-develof)ed  industrial  economy  that  provides  its  citizens  with 
a  high  standard  of  living.  Although  plagued  in  the  past  few  years  by  sluggish 
growth,  the  economy  is  slowly  recovering.  Gross  Domestic  Product  (GDP)  growth 
was  estimated  to  reach  2.25  percent  in  1997,  mostly  due  to  increased  exports,  and 
growth  for  1998  was  expected  to  reach  as  high  as  3  percent.  Despite  these  optimistic 
growth  prospects,  unemployment  affects  women  disproportionately  more  than  men. 
Unemployment  remains  a  volatile  political  issue,  especially  as  Germany  prepares  for 
the  fall  1998  elections. 

The  Government  generally  respects  the  human  rights  of  its  citizens,  and  the  law 
and  judiciary  provide  effective  means  of  dealing  with  instances  of  individual  abuse. 
However,  there  were  continued  allegations  of  police  abuse,  especially  against  for- 
eigners. Violence  and  harassment  directed  at  foreigners  continued  to  occur.  While 
there  was  only  a  slight  increase  in  the  overall  number  of  antiforeigner  crimes  during 


1095 

the  first  6  months  of  1997,  compared  with  the  first  6  months  of  1996,  the  number 
of  violent  antiforeigner  crimes  rose  by  11  percent.  This  marked  a  change  in  what 
had  been  a  downward  trend  since  1992. 

Anti-Semitic  incidents  increased  by  9  percent  in  the  first  6  months.  Most  involved 

fraffiti,  the  distribution  of  anti-  Semitic  materials,  or  the  display  of  symbols  of 
anned  organizations.  The  overwhelming  majority  of  the  perpetrators  of  attacks  on 
foreigners  or  anti-Semitic  acts  were  frustrated,  largely  apolitical  youths  and  a  small 
core  of  rightwing  extremists.  All  the  major  political  parties  and  all  the  highest  offi- 
cials of  the  Federal  Republic  condemn  mistreatment  of  foreigners  and  anti-Semitic 
acts. 

Women  continue  to  face  wage  discrimination  in  the  private  sector,  as  do  members 
of  minorities  and  foreigners.  The  Government  is  taking  serious  steps  to  address  the 
problem  of  violence  against  women  and  children. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings  by  government  omcials. 

On  November  18,  prosecution  began  of  Yasser  Mohammed  Shraydi,  Ali  Chanaa 
(alias  Alba)  and  his  former  wife,  Verena  Helga  Chanaa  (a  German  national),  and 
his  wife's  sister,  Andrea  Haeusler  (also  a  CJerman)  in  the  case  of  the  April  1986 
bombing  of  the  Berlin  discotheque  La  Belle.  The  attack  killed  one  Turkish  citizen 
and  two  U.S.  citizens,  and  injured  230  persons. 

On  April  10,  the  trial  dealing  with  the  September  1992  murders  in  Berlin's 
Mykonos  restaurant  of  four  Iranian  Kurdish  opposition  figures  came  to  an  end.  Four 
of  the  five  defendants,  an  Iranian  and  three  Lebanese,  were  found  guilty.  Two  re- 
ceived life  prison  sentences,  one  received  11  years  in  prison,  and  another  received 
5  years  and  3  months  in  prison.  The  Berlin  court  concluded  that  the  highest  levels 
of  Iran's  political  leadership  had  ordered  the  killings.  In  the  wake  of  the  decision, 
the  Government  suspendea  its  "critical  dialog"  with  Iran  and  recalled  its  ambas- 
sador. Authorities  decided  not  to  pursue  a  high-level  investigation  of  the  "Commit- 
tee for  Special  Operations"  of  Iran  s  leaders  that  the  court  accused  of  masterminding 
the  shootings. 

In  August  three  former  East  German  Politburo  officials,  Egon  Krenz,  Guenter 
Schabowski,  and  Guenter  Kleiber,  were  sentenced  to  prison  terms  ranging  from  3 
to  6V2  years  for  their  roles  in  issuing  orders  that  resulted  in  the  shooting  of  persons 
who  attempted  to  flee  from  the  former  East  (jermany.  The  sentencing  of  these 
former  high-level  civilian  officials  capped  an  effort  to  hold  East  German  officials  re- 
sponsible for  hundreds  of  killings  which  began  with  the  prosecution  of  former  East 
Germein  border  guards  who  were  directly  responsible  for  shootings  on  the  border. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
In  May  a  court  found  Markus  Wolf,  a  high  ranking  state  security  official  of  the 
former  East  Germany,  guilty  on  4  counts  of  kidnaping,  including  orchestrating  the 
abduction  of  a  former  East  German  state  security  agent  who  had  escaped  to  the 
West.  Wolf  received  a  2-year  suspended  sentence. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  such  practices,  and  the  authorities  generally  respect  this  in  prac- 
tice. 

However,  there  continue  to  be  serious  allegations  of  excessive  use  of  force  by  the 
police,  especially  against  foreigners.  In  July  the  Council  of  Europe  published  a  re- 
port of  a  delegation  that  toured  detention  facilities  in  Germany  in  1996.  The  delega- 
tion heard  no  allegations  of  abuse  of  persons  in  custody  but  did  note  allegations  of 
excessive  use  of  force  during  apprehensions.  Also  in  July,  Amnesty  International 
published  a  rejwrt  that  found  a  '  continuing  pattern  of  police  ill-treatment,"  largely 
affecting  foreigiiers. 

Prison  con(fitions  meet  minimum  international  standards,  and  the  (jovemment 
permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Basic  Law  prohibits  arbitrary  arrest, 
detention,  or  exile,  and  the  Government  observes  this  prohibition.  A  person  can  only 
be  arrested  on  the  basis  of  an  arrest  warrant  issued  by  a  competent  judicial  author- 
ity, unless  the  person  is  caught  in  the  act  of  committing  a  crime,  or  the  police  have 
strong  reason  to  believe  the  person  intends  to  commit  a  crime.  Any  person  detained 
by  police  must  be  brought  before  a  judge  and  charged  by  the  day  ailer  arrest.  The 
court  must  then  issue  an  arrest  warrant  stating  the  grounds  for  detention  or  order 
the  person's  release.  Police  oft,en  detain  known  or  suspected  right-  and  lefl,wing  radi- 
cals for  brief  periods,  when  the  police  believe  such  individuals  intend  to  participate 
in  illegal  or  unauthorized  demonstrations.  For  example,  in  August  police  detained 


45-909    98-36 


1096 

about  200  persons  suspected  of  heading  for  illegal  rallies  to  mark  the  10th  anniver- 
sary of  the  death  of  Rudolf  Hess  (see  Section  5).  The  rules  governing  this  type  of 
detention  are  different  in  each  state,  with  authorized  periods  of  detention  ranging 
from  1  to  14  days,  provided  judicial  concurrence  is  given  within  24  hours  of  initial 
apprehension. 

If  there  is  evidence  that  a  suspect  might  flee  the  country,  police  may  detain  the 
suspect  for  up  to  24  hours  pending  a  formal  charge.  The  right  of  free  access  to  legal 
counsel  has  been  restricted  only  in  the  cases  of  terrorists  suspected  of  having  used 
contacts  with  lawyers  to  continue  terrorist  activity  while  in  prison.  Only  judges  may 
decide  on  the  validity  of  any  deprivation  of  liberty.  Bail  exists  but  is  seldom  em- 

B loved;  the  usual  practice  is  to  release  detainees  unless  there  is  clear  danger  of 
imt  outside  the  country. 
There  is  no  use  of  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Basic  Law  provides  for  an  independent  judici- 
ary, and  the  Government  respects  this  provision  in  practice. 

TTie  court  system  is  hi^ly  developed  and  provides  full  legal  protection  and  nu- 
merous possibilities  for  judicial  review.  Ordinary  courts  have  jurisdiction  in  criminal 
and  civil  matters.  There  are  four  levels  of  such  courts  (local  courts,  regional  courts, 
higher  regional  courts,  and  the  Federal  Court  of  Justice),  with  appeals  possible  from 
lower  to  higher  levels.  In  addition,  there  are  four  types  of  specialized  courts:  Admin- 
istrative, labor,  social,  and  fiscal  courts.  These  courts  are  also  established  on  dif- 
ferent levels,  with  the  possibility  for  appeal  to  the  next  higher  level. 

Separate  from  these  five  branches  of  jurisdiction  is  the  Federal  Constitutional 
Court,  which  is  not  only  the  country's  supreme  court  but  an  organ  of  the  Constitu- 
tion with  special  functions  defined  in  the  Basic  Law.  Among  other  things,  it  reviews 
laws  to  ensure  their  compatibility  with  the  Constitution  and  adjudicates  disputes 
between  constitutional  organs  on  questions  of  competencies.  It  also  has  jurisdiction 
to  hear  and  decide  claims  based  on  the  infringement  of  a  person's  basic  constitu- 
tional rights  by  a  public  authority. 

The  judiciary  provides  citizens  with  a  fair  and  efficient  judicial  process,  although 
there  are  complaints  that  court  proceedings  are  sometimes  delayed  due  to  ever  in- 
creasing caseloads. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Basic  Law  prohibits  such  practices,  government  authorities  generally  respect  these 
prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Basic  Law  provides  for  freedom  of  the 
press,  and  the  Government  respects  this  right  in  practice.  There  is  no  official  censor- 
ship. An  independent  press,  an  effective  judiciary,  and  a  functioning  democratic  po- 
litical system  combine  to  ensure  freedom  of  speech  and  the  press,  including  aca- 
demic freedom.  Propaganda  of  Nazi  and  other  proscribed  organizations,  as  well  as 
statements  endorsing  nazism,  are  illegal. 

The  authorities  have  sought  to  block  what  they  consider  dangerous  material  on 
the  Internet.  However,  in  June  a  local  court  in  Berlin  dismissed  charges  against  pol- 
itician Angela  Marquardt,  who  had  provided  an  electronic  link  on  her  Internet  home 
page  to  a  leftist  magazine  that  published  articles  about  techniques  for  making 
bombs  and  derailing  trains.  The  judge's  ruling  was  based  on  fairly  narrow  legd 
points.  In  July  Parliament  passed  a  law  to  prohibit  access  to  prohibited  material 
on  the  Internet  (for  example,  child  pornography  and  Nazi  propaganda),  which  took 
effect  on  August  1.  The  law's  implications  regarding  possible  liability  of  on-line  serv- 
ice providers  are  not  yet  clear. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice.  The  Basic  Law  permits  ban- 
ning Organizations  whose  activities  are  found  to  be  illegal  or  opposed  to  the  liberal 
democratic  order  as  established  by  the  Basic  Law.  A  1950's  ruling  by  the  Federal 
Constitutional  Court  outlawed  a  neo-Nazi  and  a  Communist  party.  A  number  of 
other  organizations  that  authorities  generally  classify  as  rightwing  or  leftwing,  for- 
eign extremist,  or  criminal,  are  banned.  State  governments  may  outlaw  only  organi- 
zations that  are  active  solely  within  their  state,  with  activities  crossing  state  bound- 
aries coming  under  federal  jurisdiction.  In  August  the  state  of  Brandenburg  banned 
the  Kameradschaft  Oberhavel  as  a  rightwing  organization,  and  in  September  the 
state  of  Bremen  banned  the  Bremer  Volkskulturverein  as  a  foreign  extremist  orga- 
nization. In  addiiton,  several  hundred  organizations  were  under  observation  bv  the 
federal  and  state  offices  for  the  Protection  of  the  Constitution  (OPC).  The  OPC  s  are 
charged  with  examining  possible  threats  to  the  democratic  system;  they  have  no  law 


1097 

enforcement  powers,  and  OPC  monitoring  by  law  may  not  interfere  with  the  organi- 
zations' continued  activities. 

c.  Freedom  of  Religion. — The  Basic  Law  specifically  provides  for  religious  freedom, 
and  the  Government  respects  this  right  in  practice.  Most  religious  organizations  are 
granted  tax-exempt  status.  In  order  to  obtfiin  this  status,  state-level  authorities 
must  find  that  the  organization  operates  on  a  nonprofit  basis  and  contributes  so- 
cially, spiritually,  or  materially  to  society. 

Beyond  the  basic  tax-exempt  status,  state  governments  grant  certain  religious 
groups  "public-law  corporation"  status.  This  status  entitles  an  organization  to  levy 
taxes  on  its  members;  the  taxes  are  collected  by  the  state  and  distributed  propor- 
tionaUy  to  the  religious  group's  enrolled  membership.  State  governments  also  sub- 
sidize various  institutions  affiliated  with  such  puolic-law  corporations,  such  as 
schools  and  hospitals.  In  order  to  attain  public-law  corporation  status,  a  religious 
organization  much  show  that  its  constitution  and  membership  offer  an  assurance  of 
its  permanency.  Although  commonly  thought  to  include  only  the  Lutheran  and 
Roman  Catholic  churches,  Jewish  congregations,  and  a  few  small  free  churches,  the 
number  of  religious  groups  that  have  acquired  public  law  corporation  status  is  sig- 
nificantly larger. 

In  July  the  Federal  Administrative  Court  in  Berlin  upheld  a  decision  of  the  Berlin 
state  government  that  had  denied  Jehovah's  Witnesses  public-law  corporation  status 
in  that  state.  The  court  concluded  that  the  church  did  not  offer  the  "indispensable 
loyalty"  towards  the  democratic  state  "essential  for  lasting  cooperation,"  because,  for 
example,  it  forbade  its  members  from  participating  in  public  elections.  Jehovah's 
Witnesses  are  appealing  this  ruling  in  the  Constitutional  Court. 

One  Christian  Charismatic  Church  led  by  an  American  pastor  reported  that  it 
had  been  subjected  over  several  years  to  vandalism,  threats  of  violence,  and  public 
harassment  or  scrutiny  by  sect  commissioners.  The  church  is  challenging  a  1995  rul- 
ing by  authorities  in  Cologne,  who  revoked  its  tax  exempt  status  on  the  grounds 
that  it  was  not  a  charitable  organization  and  did  not  contribute  to  the  cultural,  reli- 
gious, or  spiritual  values  of  German  society. 

The  Church  of  Scientology  continued  to  be  the  focus  of  debate.  Scientology  has 
come  under  increasing  scrutiny  by  both  federal  and  state  officials  who  contend  that 
it  is  not  a  religion  but  an  economic  enterprise.  Authorities  have  sometimes  sought 
to  deregister  Scientology  organizations  previously  registered  as  nonprofit  associa- 
tions and  require  them  to  register  as  commercial  enterprises.  In  November  the  Fed- 
eral Administrative  Court  in  Berlin,  in  sending  an  appeal  concerning  the 
deregistration  of  a  Scientology  organization  in  the  state  of  Baden  Wuerttemberg 
back  to  a  lower  level  for  further  review,  declared  that  a  registered  nonprofit  associa- 
tion, religious  or  otherwise,  could  engage  in  entrepreneurial  activities  as  long  as 
these  were  only  supplementary  and  collateral  to  its  nonprofit  goals.  The  case  contin- 
ues in  the  lower  court. 

Some  government  officials  allege  that  Scientology's  goals  and  methods  are  anti- 
democratic and  call  for  further  restrictions  on  Scientology-affiliated  organizations 
and  individuals.  In  June  authorities  of  the  federal  and  state  Offices  for  the  Protec- 
tion of  the  Constitution  (OPC)  agreed  to  place  the  Church  of  Scientology  under  ob- 
servation for  1  year  because  of  concerns  raised  by  some  offices  that  there  were  indi- 
cations that  Scientology  may  pose  a  threat  to  democracy.  Under  the  observation  de- 
cision, OPC  officials  will  seek  to  collect  information  mostly  from  written  materials 
and  first  hand  accounts  to  assess  whether  a  "threat"  exists.  More  intrusive  methods 
would  be  subject  to  legal  checks  and  would  require  evidence  of  involvement  in  trea- 
sonous or  terrorist  activity.  One  State,  Schleswig-Holstein,  announced  in  August  it 
had  decided  not  to  implement  such  observation,  on  the  grounds  that  the  situation 
did  not  appear  to  justify  such  measures.  While  Federal  Interior  Minister  Manfred 
Kanther  supported  the  decision  on  observation,  in  a  written  response  to  an  inquiry 
from  the  Bavarian  state  government,  Kanther  indicated  that  he  did  not  see  suffi- 
cient evidence  to  support  a  ban  on  Scientology. 

Most  major  political  parties  continued  to  exclude  Scientologists  from  membership 
arguing  that  Scientology  is  not  a  religion  but  a  for-profit  organization  whose  goals 
and  principles  are  antidemocratic  and  thus  incompatible  with  those  of  the  political 
parties,  although  there  has  been  only  one  known  instance  of  enforcement  of  this 
Dan.  In  July  a  Bonn  state  court,  in  the  first  court  challenge  to  this  exclusion,  upheld 
the  December  1996  expulsion  of  three  Scientologists  from  a  state-level  organization 
of  the  governing  Christian  Democratic  Union  party,  ruling  that  a  political  party  had 
the  rignt  to  exclude  from  its  organization  those  persons  who  do  not  identify  them- 
selves with  the  party's  basic  goals. 

Scientologists  continued  to  report  discrimination,  alleging  both  government-con- 
doned and  societal  harassment.  So-called  "sect-filters,"  statements  by  individuals 
that  they  are  not  affiliated  with  Scientology,  are  used  by  some  businesses  and  other 


1098 

organizations  to  discriminate  against  Scientologists  in  business  and  social  dealings. 
Scientologists  assert  that  business  firms  whose  owners  or  executives  are 
Scientologists,  as  well  as  artists  who  are  Church  members,  have  faced  boycotts  and 
discrimination,  sometimes  with  state  and  local  government  approval.  Other  Church 
members  have  reported  employrnent  difficulties  and,  in  the  state  of  Bavaria,  appli- 
cants for  state  civil  service  positions  are  screened  for  Scientology  membership.  Sev- 
eral states  have  published  pamphlets  warning  of  alleged  dangers  posed  by  Scien- 
tology. In  October  a  Berlin  hotel  and  a  firm  renting  meeting  space  reportedly  re- 
fusea  to  rent  space  for  public  events  to  be  held  at  their  facilities  when  tney  learned 
that  the  Churcn  of  Scientology  was  involved  in  organizing  the  events. 

Scientologists  continued  to  take  grievances  to  the  courts.  Legal  rulings  have  been 
mixed.  In  April  the  European  Commission  on  Human  Rights  decided  not  to  pass  on 
to  the  European  Court  of  Human  Rights  a  discrimination  case  brought  oy  the 
Church  of  Scientology  against  Germany,  on  the  grounds  that  the  Church  had  not 
exhausted  domestic  legal  channels. 

A  parliamentary  commission  established  in  1996  to  investigate  so-called  "sects 
and  psycho -groups"  has  included  the  Church  of  Scientology  among  the  groups  about 
whose  structures,  principles,  and  activities  the  commission  heard  testimony.  The 
Commission  is  expected  to  produce  a  final  report  in  the  spring  of  1998.  In  December 
1996,  federal  and  state  government  authorities  established  an  interministerial 
group  of  mid-level  ofTicials  to  exchange  information  on  policies  toward  Scientology 
and  to  gather  and  examine  charges  of  discrimination.  This  body  has  no  decisionmak- 
ing authority.  It  plans  to  publish  a  review  of  state-level  policies  in  1998. 

a.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  are  free  to  move  anywhere  within  the  country,  to  travel 
abroad,  to  emigrate,  and  to  repatriate,  without  restrictions  that  violate  human 
rights. 

For  ethnic  Germans  from  eastern  Europe  and  the  former  Soviet  Union,  the  Basic 
Law  provides  both  for  citizenship  immediately  upon  application  and  for  legal  resi- 
dence without  restrictions.  Other  persons  may  acquire  citizenship  (and  witn  it  the 
right  of  unrestricted  residence)  if  they  meet  certain  requirements,  including  legal 
residence  for  at  least  10  years  (5  if  married  to  a  German),  renunciation  of  all  other 
citizenships,  and  a  basic  command  of  the  language.  Long-term  legal  residents  often 
opt  not  to  apply;  they  receive  the  same  social  benefits  as  do  citizens,  and  after  10 
years  of  le^aJ  residency  they  are  entitled  to  permanent  residence. 

The  Basic  Law  and  subsequent  legislation  provide  for  the  right  of  foreign  victims 
of  political  persecution  to  attain  asylum  and  resettlement.  The  Government  cooper- 
ates with  trie  office  of  the  U.N.  High  Commissioner  for  Refugees  (UNHCR)  and 
other  humanitarian  organizations  in  assisting  refugees. 

Asylum  applications  continued  to  decline.  In  the  first  half  of  1997,  Germany  re- 
ceived 52,588  applications  for  asylum  and  had  a  recognition  rate  of  11.4  percent  for 
the  90,922  cases  concluded.  Since  July  1993,  when  the  criteria  for  granting  asylum 
were  tightened  with  an  amendment  to  the  asylum  law,  the  overall  trend  in  asylum 
applications  has  continued  downward,  decreasing  by  two-  thirds  from  the  1992  all- 
time  high  of  438,191. 

Under  the  tightened  criteria,  persons  coming  directly  from  any  country  that  offi- 
cials designate  as  a  "safe  country  of  origin"  cannot  normally  claim  political  asylum 
but  may  request  an  administrative  review  of  their  applications  while  in  Germany. 
Persons  entering  via  a  "safe  third  countr>'" — any  countn'  in  the  European  Union  or 
adhering  to  the  Geneva  Convention — are  also  ineligible  for  asylum. 

The  legislated  changes  also  limited  legal  recourse  against  denials  of  asylum  appli- 
cations. Critics  argue  that  few  countries  can  assured!}'  be  designated  as  "safe  tnird 
countries"  and  that  the  law  unjustly  fails  to  allow  applicants  to  rebut  such  designa- 
tions. Wliile  the  law  permits  appeals  against  designations  of  "safe  countries  of  ori- 
gin,' critics  protest  that  the  48-nour  period  allotted  for  hearings  is  too  brief.  How- 
ever, the  Constitutional  Court  uphela  the  constitutionality  of  the  amendments  in 
1996. 

In  May  state  authorities  began  the  "second  phase'  of  Bosnian  refugee  repatri- 
ations, whereby  all  remaining  refugees  were  to  return  to  Bosnia  unless  they  quali- 
fied for  an  extension  of  stay  on  certain  humanitarian  grounds.  A  number  of  promi- 
nent national  officials,  as  well  as  the  L^NHCR,  cautioned  that  the  refugees  place 
of  origin  and  ethnicity  should  be  given  careful  consideration  in  the  implementation 
of  returns.  In  June  the  federal  and  state  interior  ministers  agreed  that,  for  the  time 
being,  the  deportation  of  refugees  from  the  "Republika  Srpska"  region  of  Bosnia 
would  be  regarded  as  a  low  priority.  Most  states  subsequently  extended  the  tem- 
porary protection  status  of  refugees  in  this  category.  Since  1992  approximately 
320,000  Bosnian  refugees  have  lived  in  Germany  under  temporary  protection,  and 
another  25,000  have  appHed  for  asylum.  The  Government  has  provided  first  asylum 


1099 

and  has  granted  "temporary  protection"  (first  asylum)  to  these  Bosnian  refugees. 
Grovemment  support  for  these  refugees  costs  an  estimated  $2.8  biUion  annually.  At 
year's  end,  an  estimated  100,000  refugees  had  returned  to  Bosnia  voluntarily,  and 
approximately  900  more  had  been  deported  by  state  authorities. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Basic  Law  provides  citizens  with  the  right  to  change  their  government  peace- 
fully, and  citizens  exercise  this  right  in  practice  through  periodic,  Tree,  and  fair  elec- 
tions. The  Government  is  elected  on  the  oasis  of  universal  suffrage  and  secret  ballot- 
ing. Members  of  the  Parliament's  lower  house,  the  Bundestag,  are  elected  from  a 
mixture  of  direct-constituency  and  party-list  candidates.  The  upper  house,  the  Bun- 
desrat,  is  composed  of  delegations  from  state  governments. 

The  law  entitles  women  to  participate  fully  in  political  life,  and  a  growing  number 
are  prominent  in  the  Government  and  the  parties,  but  women  are  still  underrep- 
resented  in  those  ranks.  Slightly  over  26  percent  of  the  Federal  Parliament  is  fe- 
male, including  its  President.  Women  occupy  2  of  16  cabinet  positions.  One  state 
minister-president  is  a  woman.  On  the  Federal  Constitutional  Court,  5  of  the  16 
judges  are  women,  including  the  Chief  Justice.  All  of  the  parties  have  undertaken 
to  enlist  more  women.  The  Greens/Alliance  90  Party  requires  that  women  comprise 
half  of  the  party's  elected  officials.  The  Social  Democrats  have  a  40-percent  quota 
for  women  on  all  party  conunittees  and  governing  bodies.  The  Christian  Democrats 
reqpiire  that  30  percent  of  the  first-ballot  candidates  for  party  positions  be  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  wide  variety  of  human  rights  groups  operate  without  government  restriction, 
investigating  and  publishing  their  findings  on  human  rights  cases.  Government  ofli- 
cials  are  very  cooperative  and  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  denial  of  access  to  shelter,  health  care,  or  education  on  the 
basis  of  race,  religion,  disability,  sex,  ethnic  background,  political  opinion,  or  citizen- 
ship. The  Government  enforces  the  law  effectively. 

Women. — While  violence  against  women  occurs  and  is  almost  certainly  under- 
reported,  it  is  prohibited  by  laws  that  are  effectively  enforced.  It  is  condemned  in 
society,  and  legal  and  medical  recourse  is  available.  Police  statistics  on  rape  showed 
a  slight  increase  to  6,228  cases  Ln  1996  (latest  available  data)  from  6,175  in  1995. 

The  Government  has  conducted  campaigns  in  the  schools  and  through  church 
groups  to  bring  public  attention  to  the  existence  of  such  violence  and  has  proposed 
steps  to  counter  it.  The  Federal  Government  has  supported  numerous  pilot  projects 
throughout  Germany.  There  are,  for  example,  330  "women's  houses"  in  Germany, 
over  100  in  the  new  states  in  the  East,  where  victims  of  violence  and  their  children 
can  seek  shelter,  counseling,  and  legal  and  police  protection.  Germany  supported  the 
appointment  of  a  special  rapporteur  on  violence  against  women  at  the  UNHCR. 

Trafficking  in  women  and  forced  prostitution  is  also  forbidden  by  law.  The  laws 
against  trafficking  in  women  were  modified  in  1992  to  deal  more  effectively  with 
problems  stemming  from  the  opening  of  Germany's  eastern  borders.  In  recent  years, 
the  Federal  Ministry  for  Women  and  Youth  commissioned  a  number  of  studies  to 
gain  information  on  violence  against  women,  sexual  harassment,  and  other  matters, 
producing  for  example  a  special  report  on  violence  against  women  in  1995. 

Children. — The  Government  demonstrates  a  strong  commitment  to  children's 
rights  and  welfare  through  well-funded  systems  of  public  education  and  medical 
care.  Public  education  is  provided  and  is  mandatory  through  the  age  of  16. 

The  Government  recognizes  that  violence  against  children  is  a  problem  requiring 
its  attention.  Police  figures  indicate  that  there  were  15,674  alleged  cases  of  sexual 
abuse  of  children  in  1996  (latest  available  figures),  down  slightly  from  1995.  Offi- 
cials believe  that  the  number  of  unreported  cases  may  be  much  higher.  The  Child 
and  Youth  Protection  Law  stresses  the  need  for  preventive  measures,  and  the  Gov- 
ernment has  taken  account  of  this  in  stepping  up  its  counseling  and  other  assist- 
ance. 

The  Criminal  Code  was  amended  in  1993  and  in  December  1997  to  further  protect 
children  against  pornography  and  sexual  abuse.  For  possession  of  child  pornog- 
raphy, the  maximum  sentence  is  1  year's  imprisonment;  the  sentence  for  distribu- 
tion is  5  years.  The  1993  amendment  made  sexual  abuse  of  children  by  German  citi- 
zens abroad  punishable  even  if  the  action  is  not  illegal  in  the  child's  own  country. 

People  With  Disabilities. — There  is  no  discrimination  against  the  disabled  in  em- 
ployment, education,  or  in  the  provision  of  other  state  services.  The  law  mandates 


1100 

several  special  services  for  disabled  persons,  and  the  Government  enforces  these 
provisions  in  practice.  The  disabled  are  entitled  to  assistance  to  avert,  eliminate,  or 
alleviate  the  consequences  of  their  disabilities  and  to  secure  employment  commensu- 
rate with  their  abilities.  The  Government  offers  vocational  training  and  grants  for 
employers  who  hire  the  disabled.  The  severely  disabled  may  be  granted  special  ben- 
efits, such  as  tax  breaks,  free  public  transport,  special  parking  facilities,  and  exemp- 
tion from  radio  and  television  lees. 

The  Federal  Government  has  established  guidelines  for  attainment  of  "barrier- 
free"  public  buildings  and  for  modifications  oT  streets  and  pedestrian  traffic  walks 
to  acconmiodate  the  disabled.  While  it  is  up  to  the  individual  states  to  incorporate 
these  guidelines  into  building  codes,  all  16  states  now  have  access  facilities  for  the 
disabled. 

Religious  Minorities. — ^Anti-Semitic  acts  increased  9  percent,  with  414  incidents 
reported  in  the  first  6  months  of  1997,  compared  with  380  in  the  same  period  in 
1996.  About  90  percent  of  these  anti-Semitic  mcidents  involved  graffiti,  the  distribu- 
tion of  anti-Semitic  materials,  or  the  display  of  symbols  of  banned  organizations.  In 
September  unknown  vandals  desecrated  a  Jewish  cemetery  in  Berlin,  damaging  28 
gravestones.  In  October  the  president  of  the  Central  Council  of  Jews  in  Germany 
(CCJG)  protested  to  the  head  of  Brandenburg  state  after  the  town  of  Gollwitz  re- 
fused to  accept  a  group  of  60  Jewish  immigrants  from  the  former  Soviet  Union.  The 
village  council  voted  against  the  county's  plans  to  convert  a  local  building  into  a 
temporary  shelter  for  immigrants  from  the  former  Soviet  Union.  The  president  of 
the  CCJG  also  criticized  what  he  saw  as  a  growing  indifference  to  everyday 
antiforeigner  and  rirfitwing  incidents. 

National  / Racial /Ethnic  Minorities. — The  number  of  antiforeigner  crimes  in- 
creased slightly  in  the  first  6  months  of  1997,  compared  with  the  same  period  in 
1996.  This  increase,  which  includes  an  8  to  10  percent  rise  in  violent  antiforeigner 
crimes,  marked  a  change  in  what  had  been  a  downward  trend  since  1992.  The  per- 
centage of  such  crimes  was  significantly  higher  in  the  eastern  states.  As  in  previous 
years,  most  of  these  oflenses  were  directed  against  foreign  residents. 

Perpetrators  of  antiforeigner  violence  were  predominantly  young,  male,  and  low 
in  socioeconomic  status,  often  committing  sucn  acts  spontaneously  and  while  ine- 
briated. Some  offenders  were  rightwing  extremists,  such  as  neo-Nazis  and 
"skinheads."  Many,  however,  could  best  be  described  as  rightwing-oriented,  having 
loose,  if  any,  practical  or  ideological  ties  to  extremist  groups.  Other  perpetrators 
were  apolitical. 

Acts  by  low-ranking  members  of  the  Bundeswehr  have  caused  particular  concern. 
In  March,  nine  soldiers  in  uniform,  under  the  influence  of  alcohol,  sought  out  and 
assaulted  at  random  three  foreigners  in  the  city  of  Detmold.  Five  soldiers  were  sub- 
seqpiently  discharged  from  the  military  and  prosecuted,  receiving  sentences  ranging 
from  6  months'  probation  to  14  months'  imprisonment.  In  August  an  arson  attack 
committed  in  Dresden  against  the  residence  of  Italian  workers,  by  two  army 
conscripts  with  rightwing,  xenophobic  motives  led  the  Defense  Minister  to  call  for 
more  careful  screening  of  conscripts.  The  two  incidents  received  substantial  public 
attention  and  were  followed  by  a  series  of  revelations  of  other  rightwing  offenses 
conunitted  by  military  personnel  between  1991  and  1997.  The  offenses  ranged  from 
the  possession  and  production  of  far-right  propaganda,  to  drunken  assaults  against 
foreigners. 

Acting  to  increase  vigilance,  the  Ministry  of  Defense  remstered  130  rightwing  ex- 
tremist incidents  between  January  and  November,  the  Ministry  moved  quickly  to 
take  stem  disciplinary  action  against  those  responsible,  dismissing  and  prosecuting 
perpetrators  where  possible,  and  punishing  and  transferring  commanders.  In  De- 
cember Defense  Minister  Ruehe  suspended  a  lieutenant  general  and  ordered  dis- 
ciplinary proceedings  against  a  colonel  for  inviting  Manfred  Roeder,  a  former  lawyer 
who  served  8  years  in  jail  for  racist  bombings  against  immigrants,  to  speak  in  1995 
at  a  leadership  seminar  at  the  military  academy  in  Hamburg.  Authorities  also  con- 
firmed that  the  military  inadvertently  supplied  several  used  surplus  vehicles  to  an 
organization  with  which  Roeder  is  active.  There  was  no  evidence  that  rightwing  of- 
fenders are  more  prevalent  in  the  military  than  in  the  general  young  male  popu- 
lation. Nevertheless,  the  Government  stated  that  it  would  take  all  necessary  meas- 
ures to  investigate  incidents  and  prevent  future  ones. 

In  May  and  June,  two  firebomb  attacks  on  Christian  churches  in  Luebeck  showed 
signs  of  rightwing,  antiforeigner  motives.  Rightwing  graffiti,  as  well  as  the  name  of 
a  local  Pastor  known  for  assisting  asylum  seekers,  was  found  on  the  church  walls 
following  the  attacks.  A  19-year-old  rightwing  radical  who  admitted  committing  one 
of  the  attacks  was  arrested  in  June. 

The  federal  and  state  governments  were  firmly  committed  to  combating  and  pre- 
venting rightwing  violence  and  continued  to  search  for  more  effective  law  enforce- 


1101 

ment  measures,  as  well  as  measures  aimed  at  the  societal  roots  of  extremist  crimes. 
Police  in  the  eastern  states  continued  to  move  toward  reaching  standards  of  effec- 
tiveness diaracteristic  of  police  in  the  rest  of  Germany,  and  demonstrated  greater 
coordination  in  preventing  illegal  rightwing  and  neo-Nazi  activities.  In  August  pxjlice 
in  10  states  conducted  a  coordinated  search  of  homes  and  firms  of  individuals  sus- 
pected of  having  connections  to  the  growing  rightwing,  underground  rock  music 
scene.  During  the  action,  police  seized  illegal  recordings,  paraphernalia,  and  weap- 
ons. Also  in  August,  police  in  several  states  enforced  a  ban  on  demonstrations  by 
neo-Nazis  who  were  attempting  to  commemorate  the  10th  anniversary  of  the  death 
of  former  Nazi  leader  Rudolf  Hess.  There  continued  to  be  evidence  that  neo-Nazi 
groups  were  making  efforts  to  achieve  greater  coordination  among  themselves,  par- 
ticularly through  the  use  of  modem  communication  technologies.  The  federal  office 
for  the  Protection  of  the  Constitution  (OPC)  reported  that  47,000  people  belonged 
to  far-right  organizations  in  1997,  an  increase  from  45,300  in  1996. 

Isolated  attacks  targeting  Turkish  establishments  and  individuals  occurred. 
Though  some  attacks  were  linked  to  rightwing  perpetrators,  most  were  attributed 
to  intra-Turkish  political  or  private  disputes,  but  none  directly  attributable  to  the 
Kurdistan  Workers'  Party  (PKK).  In  September  a  court  in  Ehiesseldorf  sentenced 
two  members  of  the  PKK  to  5-year  prison  tenns  in  connection  with  a  series  of  at- 
tacks on  Turkish  establishments  in  1993.  Several  other  trials  of  PKK  members  are 
also  underway. 

Resident  foreigners  and  minority  groups  continue  to  voice  credible  concerns  about 
societal  and  job-related  discrimination.  Unemployment  affects  foreigners  dispropor- 
tionately, though  this  is  in  part  due  to  the  sometimes  inadequate  language  skills 
or  nontransferable  professional  qualifications  of  the  job-seekers.  The  Federal  Gov- 
ernment and  all  states  have  established  permanent  commissions  for  foreigners'  af- 
fairs to  assist  foreigners  in  their  dealings  with  government  and  society.  In  Septem- 
ber the  Government  ratified  the  Council  of  Europe's  Minority  Protection  Convention, 
pledging  to  protect  and  foster  the  languages  and  cultures  of  the  national  and  ethnic 
minorities  that  have  traditionally  lived  in  Gtermany  (e.g..  Sorbs,  Danes,  Roma,  Sinti, 
and  Frisians). 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  right  to  associate  freely,  choose  representatives, 
determine  programs  and  policies  to  represent  workers'  interests,  and  publicize  views 
is  recognized  and  freely  exercised.  Some  31.6  percent  of  the  total  eligible  labor  force 
belongs  to  unions.  The  German  Trade  Union  Federation  (DGB)  represents  84.9  per- 
cent of  organized  workers. 

The  law  provides  for  the  right  to  strike,  except  for  civil  servants  (including  teach- 
ers) and  personnel  in  sensitive  positions,  such  as  members  of  the  armed  forces.  In 
the  past,  the  International  Labor  Organization  (ILO)  has  criticized  the  Govern- 
ment's definition  of  "essential  services"  as  overly  broad.  The  ILO  was  responding  to 
complaints  about  sanctions  imposed  on  teachers  who  struck  in  the  state  of  Hesse 
in  1989  and,  earlier,  the  replacement  of  striking  postal  workers  by  civil  servants. 
In  neither  case  did  permanent  job  loss  result.  The  ILO  continues  to  seek  clarifica- 
tions from  the  Government  on  policies  and  laws  governing  labor  rights  of  civil  serv- 
ants. 

The  DGB  participates  in  various  international  and  European  trade  union  organi- 
zations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Basic  Law  provides  for 
the  right  to  organize  and  bargain  collectively,  and  this  right  is  widely  exercised.  Due 
to  a  well-  developed  system  of  autonomous  contract  negotiations,  mediation  is  un- 
common. Basic  wages  and  working  conditions  are  negotiated  at  the  industry  level 
and  then  are  adapted,  through  local  collective  bargaining,  to  particular  enterprises. 

However,  some  firms  in  eastern  Germany  have  refused  to  join  employer  associa- 
tions, or  have  withdrawn  from  them,  and  then  bargained  independently  with  work- 
ers. Likewise,  some  large  firms  in  the  West  withdrew  at  least  part  of  their  work 
force  from  the  jurisdiction  of  employer  associations,  complaining  of  rigidities  in  the 
industrywide,  multicompany  negotiating  system.  They  have  not,  however,  refused  to 
bargain  as  individual  enterprises.  The  law  mandates  a  system  of  works  councils  and 
worker  membership  on  supervisory  boards,  and  thus  workers  participate  in  the 
management  of  the  enterprises  in  which  they  work.  The  law  thoroughly  protects 
workers  against  antiunion  discrimination. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  basic  law  prohibits  forced  or 
compulsory  labor,  including  forced  or  bonded  child  labor,  and  there  were  no  reports 
that  it  occurred. 


1102 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Federal 
law  generally  prohibits  employment  of  children  under  the  age  oi  15,  with  a  few  ex- 
ceptions: Those  13  or  14  years  of  age  may  do  farm  work  for  up  to  3  hours  per  day 
or  may  deliver  newspapers  for  up  to  2  hours  per  day;  those  3  to  14  years  of  age 
may  take  part  in  cultural  performances,  albeit  under  stringent  curbs  on  the  kinds 
of  activity,  number  of  hours,  and  time  of  day.  The  Federal  Labor  Ministry  effectively 
enforces  the  law  through  its  Factory  Inspection  Bureau. 

e.  Acceptable  Conditions  of  Work. — There  is  no  legislated  or  administratively  de- 
termined minimum  wage.  Wages  and  salaries  are  set  either  by  collective  bai-gaining 
agreements  between  unions  and  employer  federations  or  by  individual  contracts. 
Covering  about  90  percent  of  all  wage-  and  salary-earners,  these  agreements  set 
minimum  pay  rates  and  are  legally  enforceable.  Tnese  minimums  provide  an  ade- 
quate standard  of  living  for  workers  and  their  families.  The  numoer  of  hours  of 
work  per  week  is  regulated  by  contracts  that  directly  or  indirectly  affect  80  percent 
of  the  working  population.  The  average  workweek  for  industrial  workers  is  36  hours 
in  western  Germany  and  about  39  hours  in  the  eastern  states. 

An  extensive  set  of  laws  and  regulations  on  occupational  safety  and  health  incor- 
porates a  growing  body  of  European  Union  standards.  These  provide  for  the  right 
to  refuse  to  perform  dangerous  or  unhealthy  work  without  jeopardizing  employment. 
A  comprehensive  system  of  worker  insurance  carriers  enforces  safety  requirements 
in  the  workplace.  The  Labor  Ministry  and  its  counterparts  in  the  states  effectively 
enforce  occupational  safety  and  health  standards  through  a  network  of  government 
organs,  including  the  Federal  Institute  for  Work  Safety.  At  the  local  level,  profes- 
sional and  trade  associations — self-governing  public  corporations  with  delegates  both 
from  the  employers  and  from  the  unions — oversee  worker  safety. 


GREECE 

Greece  is  a  constitutional  republic  and  multiparty  parliamentary  democracy  with 
an  independent  judiciary  in  which  citizens  choose  their  representatives  in  free  and 
fair  elections.  The  Panhellenic  Socialist  Movement  (PASOK)  holds  a  majority  of  par- 
liamentary seats,  and  its  leader,  Constantine  Simitis,  has  been  Prime  Minister  since 
1996.  The  New  Democracy  Party  is  the  main  opposition  party. 

The  national  police  ana  security  services  are  responsible  for  internal  security.  Ci- 
vilian authorities  maintain  efiective  control  of  all  security  forces,  and  police  and  se- 
curity services  are  subject  to  a  broad  variety  of  restraints.  Some  members  of  the  po- 
lice and  security  forces  committed  human  rights  abuses. 

Greece  has  a  market  economy  with  a  large  public  sector  that  accounts  for  rou^ly 
40  percent  of  gross  domestic  product.  Residents  enjoy  a  relatively  advanced  stand- 
ard of  living.  European  Union  subsidies,  grants,  and  loans,  the  latter  two  directed 
mainly  toward  major  infrastructure  projects,  reinforce  government  economic  devel- 
opment efforts. 

The  Government  respected  the  human  rights  of  most  citizens,  but  problems  re- 
main in  some  areas.  Security  force  personnel  sometimes  abused  suspects  during  ar- 
rests and  interrogations  and  abused  illegal  aliens.  The  Government  continued  to 
take  corrective  action  to  relieve  severe  overcrowding  and  harsh  living  conditions  in 
some  prisons.  It  continued  to  use  Article  19  of  the  Citizenship  Code  to  revoke  the 
citizenship  of  Greek  citizens  who  are  not  ethnically  Greek,  and  Article  20  of  the 
same  code  was  used  to  revoke  the  citizenship  of  some  Greek  citizens  abroad  who 
asserted  a  "Macedonian"  ethnicity.  On  occasion  the  Government  placed  inter- 
national and  domestic  human  rights  monitors,  non-Orthodox  religious  groups,  and 
minority  groups  under  surveillance. 

Some  restrictions  on  freedom  of  religion  persisted;  the  Government  investigated 
and  arrested  members  of  non-Orthodox  religions  for  proselytism.  Discrimination 
against  minorities  continued  to  be  a  problem.  The  Government  formally  recognizes 
only  the  Muslim  minority  specified  in  the  1923  Treaty  of  Lausanne.  It  refuses  to 
acknowledge  formally  the  existence  of  any  other  ethnic  groups,  principally 
Slavophones,  under  the  term  "minority."  As  a  result,  some  individuals  who  define 
themselves  as  members  of  a  minority  find  it  difficult  to  express  their  identity  freely 
and  to  maintain  their  culture. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings. 


1103 

In  February  a  policeman  was  charged  with  homicide  for  killing  an  Albanian  mi- 

Srant  in  Kastoria  who  was  a  passenger  in  a  car  that  failed  to  stop  when  police 
agged  it  down.  In  April  a  policeman  was  convicted  of  manslaughter  and  exceeding 
the  limits  of  self-  defense  for  shooting  and  killing  a  man  who  did  not  stop  for  a  rou- 
tine identity  check.  This  marked  the  first  time  a  policeman  has  been  convicted  for 
such  an  offense  in  Greece.  There  were  several  reports  of  shootings  on  the  Greek- 
Albanian  border  during  the  period  of  armed  unrest  in  the  latter  country.  An  indeter- 
minate number  of  deaths  resulted;  the  incidents  were  investigated  by  local  officials. 

In  October  a  policeman  shot  and  killed  an  Albanian  illegal  immigrant  who  alleg- 
edly resisted  arrest  in  Thessaloniki.  The  policeman  claimed  that  the  shooting  was 
accidental. 

In  1996  a  Romani  man  was  shot  and  kUled  by  a  police  officer  while  Ijnng  face 
down  on  the  pavement  at  a  police  roadblock  in  Livadia.  The  officer  was  charged 
with  involuntary  manalau^ter.  The  case  was  pending  at  year's  end. 

Shipyard  owner  Constantine  Peratikos  was  shot  to  death  by  masked  assailants  in 
May.  The  "November  17"  terrorist  organization  claimed  responsibility  for  the  killing. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  specifically  forbids  torture,  and  a  1984  law  makes  the  use  of  tor- 
ture an  offense  punishable  by  a  sentence  of  3  years'  to  life  imprisonment.  This  law 
has  never  been  invoked.  However,  security  force  personnel  sometimes  abused  sus- 
pects during  arrests  and  interrogations  ana  abused  illegal  aliens. 

Six  Albanian  immigrants  reported  that  police  entered  their  house  and  beat  them 
in  January.  A  traffic  policeman  was  suspended  from  duty  in  January  for  attacking 
a  driver  in  central  Athens.  An  Albanian  illegal  immigrant  was  reportedly  shot  and 
wounded  by  police  in  February;  an  internal  police  investigation  cleared  the  police- 
man and  the  prosecutor  declined  to  press  charges.  In  March  three  policemen  in  the 
town  of  Amfikleia  stood  trial  on  charges  of  beating,  torturing,  and  robbing  a  group 
of  Indian  and  Pakistani  immigrants.  Other  credible  reports  of  severe  beatings  of  de- 
tainees exist. 

An  Evia  man  filed  assault  charges  against  policemen  in  November  1996  for  alleg- 
edly attacking  him  after  he  visited  a  police  station  to  pick  up  a  legal  document. 

In  the  1996  case  of  a  man  beaten  by  five  policemen  in  Iraklion,  four  of  the  officers 
were  suspended  from  duty  for  15  days.  Charges  filed  by  the  individual  were  still 

{>ending.  The  prosecutor  dropped  a  case  relating  to  a  man  who  died  in  a  Vyron  po- 
ice  detention  center  in  1996  after  concurring  with  the  internal  investigation,  which 
concluded  that  the  man  had  died  of  a  heart  attack.  Charges  are  still  pending  from 
a  1996  incident  in  Thessaloniki  in  which  a  man  charged  with  robbery  was  allegedly 
beaten  by  police  officers. 

Conditions  in  some  prisons  remained  poor  due  te  substantial  overcrowding  and 
outdated  facilities.  The  largest  prison  housed  1,127  inmates,  more  than  double  its 
official  capacity,  through  the  first  9  months  of  the  year.  As  of  September  1,  the  Min- 
istry of  Justice  reported  that  the  total  prison  population  was  5,477  (of  whom  ap- 
proximately 2,150  were  foreigners),  while  total  capacity  of  the  prison  system  was 
4,332. 

No  credible  reports  emerged  of  abuses  in  prisons.  In  October  80  to  100  illegal  im- 
migrants held  in  the  Drapetsona  police  detention  facility  staged  a  hunger  strike  to 
protest  their  detention.  The  Ministry  of  Justice  expanded  the  prison  construction 
program  announced  in  1996  to  include  a  total  of  seven  new  facilities.  Construction 
on  several  of  the  facilities  began  during  the  year. 

No  Albanian  prisoners  were  repatriated  under  the  1995  bilateral  agreement  be- 
tween Greece  and  Albania  due  to  the  civil  unrest  that  prevailed  in  Albania  for  much 
of  the  year. 

The  Government  is  inconsistent  in  granting  permission  for  prison  visits  by  non- 
governmental organizations. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  requires  judicial  war- 
rants for  all  arrests,  except  during  the  actual  commission  of  a  crime,  and  the  law 
prohibits  arbitrary  arrest  orders,  rolice  must,  by  law,  bring  a  person  arrested  on 
the  basis  of  a  warrant  or  while  committing  a  crime  before  an  examining  magistrate 
within  24  hours.  The  magistrate  must  issue  a  detention  warrant  or  order  the  release 
of  the  detainee  within  3  days,  unless  sp>ecial  circumstances  require  a  2-day  exten- 
sion of  this  time  limit. 

Defendants  brought  to  court  before  the  end  of  the  day  following  the  commission 
of  a  charged  offense  may  be  tried  immediately,  under  a  "speedy  procedure."  Al- 
though legal  safeguards,  including  representation  by  counsel,  apply  in  speedy  proce- 
dure cases,  the  short  period  of  time  may  inhibit  the  defendant  s  ability  to  present 
an  adequate  defense.  Defendants  may  ask  for  a  delay  to  provide  time  to  prepare 


1104 

their  defense,  but  the  court  is  not  obUged  to  grant  it.  The  speedy  procedure  was 
used  in  less  than  10  percent  of  misdemeanor  cases.  It  does  not  apply  to  felonies. 

The  effective  maximum  duration  of  pretrial  detention  is  18  months  for  felonies 
and  9  months  for  misdemeanors.  Defense  lawyers  complain  that  pretrial  detention 
is  overly  long  and  overused  by  judges.  A  panel  of  judges  may  grant  release  pending 
trial,  with  or  without  bail.  Pretrial  detainees  made  up  31  percent  of  those  incarcer- 
ated, contributing  to  overcrowding  problems,  according  to  government  sources.  A 
person  convicted  of  a  misdemeanor  and  sentenced  to  2  years  or  less  may,  at  the 
court's  discretion,  pay  a  fine  in  lieu  of  being  imprisoned. 

Exile  is  unconstitutional,  and  no  cases  have  been  reported  since  the  restoration 
of  democracy  in  1974.  However,  Greek  citizens  not  of  ethnic  Greek  origin  who  travel 
outside  the  country  may  be  deprived  of  their  citizenship  and  refused  readmittance 
to  the  country  under  Article  19  of  the  Citizenship  Code.  Article  20  of  the  Code  per- 
mits the  Government  to  strip  citizenship  from  those  who  "commit  acts  contrary  to 
the  interests  of  Greece  for  the  benefit  oi  a  foreign  state."  Article  19  was  applied  in 
50  cases  as  of  the  9  months  ending  in  September,  the  Government  would  not  pro- 
vide statistics  on  the  number  of  Article  20  cases  it  pursued  in  1997  (see  Section 
2.d.).] 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  the  independence 
of  the  judiciary;  recurring  public  charces  suggest  that  judges  sometimes  allow  politi- 
cal criteria,  including  the  desire  to  obtain  promotion,  to  influence  their  judgments. 

The  judicial  system  includes  three  levels  of  courts,  appointed  judges,  an  examin- 
ing magistrate  system,  and  trial  by  judicial  panels. 

The  Constitution  provides  for  puolic  trials,  and  trial  court  sessions  are  open  to 
the  public,  unless  the  court  decides  that  privacy  is  required  to  protect  victims  and 
witnesses,  or  the  cases  involve  national  security  matters.  According  to  defense  attor- 
neys, the  latter  provision  has  not  been  invoked  since  the  restoration  of  democracy 
in  1974.  The  defendant  enjoys  a  presumption  of  innocence,  the  standard  of  proof  of 
guilt  beyond  a  reasonable  doubt,  the  right  to  present  evidence  and  call  witnesses, 
uie  right  of  access  to  the  prosecution's  evidence,  the  right  to  cross-examine  wit- 
nesses, and  the  right  to  counsel.  Lawyers  are  provided  to  defendants  who  are  not 
able  to  afford  legal  counsel  only  in  felony  cases.  Both  the  prosecution  and  the  de- 
fense have  the  ri^t  of  appeal. 

Non-Greek  speaking  defendants  have  the  right  to  a  court-appointed  interpreter; 
however,  the  low  fees  paid  for  such  woric  often  result  in  poor  translation.  Foreign 
defendants  who  depend  on  these  interpreters  frequently  complain  that  they  do  not 
understand  their  trials. 

The  legal  system  does  not  discriminate  against  women  or  minorities,  with  some 
exceptions:  Article  19  of  the  Citizenship  Code  (see  Section  2.d.)  applies  only  to  Greek 
citizens  who  are  not  ethnically  Greek;  the  Ministry  of  Education  and  Religious  Af- 
fairs may  base  its  decision  on  "house  of  prayer"  permit  applications  by  non-Orthodox 
S*oups  on  the  opinion  of  the  local  Orthodox  bishop  (see  Section  2.c.);  non-ethnic 
reeK  citizens  are  legally  prohibited  from  settling  in  a  large  "supervised  zone"  near 
the  frontier  (althou^  this  prohibition  is  not  enforced  in  practice);  and  a  1939  law 
(sdso  not  enforced  in  practice)  prohibits  the  functioning  oi  private  schools  in  build- 
ings owned  by  non-Orthodox  religious  foundations. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  invasion  of  privacy  and  searches  without  warrants,  and  the 
law  permits  the  monitoring  of  personal  communications  only  under  strict  judicial 
controls.  However,  the  number  of  persons  and  groups  subjected  to  government  sur- 
veillance in  recent  years  raises  questions  about  the  efficacy  of  these  safeguards. 

The  security  services  continued  to  monitor  human  rights  activists,  non-Orthodox 
religious  groups,  minority  group  representatives,  and  foreign  diplomats  who  met 
with  such  individuals.  On  several  occasions,  information  about  such  private  meet- 
ings was  published  by  the  press.  Human  rights  activists  also  reported  the  continu- 
ation of  suspicious  openings  and  diversions  of  mail.  As  far  as  is  known,  the  Govern- 
ment took  no  steps  to  stop  such  practices  or  to  prosecute  those  involved. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  the  Government  generally  respected  these  rights  in  practice,  but 
with  exceptions.  Legal  restrictions  on  free  speech  remain  in  force  and  were  used  in 
some  cases  by  the  Crt)vemment. 

Articles  of  the  Penal  Code  that  can  be  used  to  restrict  free  speech  and  the  press 
include  Article  141,  which  forbids  exposing  the  friendly  relations  of  the  Greek  state 
with  foreign  states  to  danger  of  disturbance;  Article  191,  which  prohibits  spreading 
false  information  and  rumors  liable  to  create  concern  and  fear  among  citizens  ana 


1105 

cause  disturbances  in  the  country's  international  relations  and  inciting  citizens  to 
rivalry  and  division,  leading  to  disturbance  of  the  peace;  and  Article  192,  which  pro- 
hibits inciting  citizens  to  acts  of  violence  or  to  disturbing  the  peace  through  dishar- 
mony among  them.  No  one  was  imprisoned  as  a  result  of  such  charges  during  the 
year.  Those  convicted  in  the  past  were  allowed  to  convert  their  convictions  into  a 
fine  of  approximately  $14  per  day. 

In  December  Article  191  charges  were  filed  against  a  Vlach  man  by  New  Democ- 
racy M.P.  Evgenios  Haitidis  after  an  incident  in  1995  in  which  the  man  was  seen 
distributing  a  brochure  of  the  European  Union's  Bureau  for  Lesser  Used  Languages 
that  listed  several  dialects  spoken  in  Greece. 

The  public  prosecutor  in  Fiorina  has  invoked  these  laws  on  several  occasions  in 
recent  years  in  attempts  to  limit  the  Rainbow  Party's  use  of  Slavic  names  for  Greek 
towns.  In  October  the  trial  of  four  officers  of  the  Rainbow  Party  was  postponed  until 
1998.  The  charges  under  Article  192  arose  from  a  1995  riot  over  a  bilingual  sipi 
hung  outside  party  headquarters  in  Fiorina.  The  case  of  a  Rainbow  Party  official 
charged  in  1996  under  Article  191  for  attempting  to  bring  wall  calendars  into  the 
country  that  identified  Greek  cities  by  their  Slavic  names  is  scheduled  to  be  heard 
in  1998  as  well. 

On  matters  other  than  the  question  of  ethnic  minorities,  Greece  generally  enjoys 
a  tradition  of  outspoken  public  discourse  and  a  vigorous  free  press.  Satirical  and  op- 
position newspapers  routinely  attack  the  highest  state  authorities.  Members  of  eth- 
nic, religious,  and  linguistic  minorities  freety  publish  periodicals  and  other  publica- 
tions, often  in  their  native  language.  The  Constitution  allows  for  seizure  (though  not 
prior  restraint),  by  order  of  tne  public  prosecutor,  of  publications  that  insmt  the 
President,  offend  religious  beliefs,  contain  obscene  articles,  advocate  violent  over- 
throw of  the  political  system,  or  disclose  military  and  defense  information.  Seizures 
have  been  rare,  however,  none  occurred  in  1997. 

In  June  two  journalists  were  charged  with  "espionage"  for  printing  a  classified 
Government  document  believed  to  have  been  leaked  by  government  officials.  The  ex- 
amining magistrate  imposed  $7,000  (2  million  drachmas)  bail  for  each  of  the  jour- 
nalists and  a  travel  ban  based  on  "demonstrable  proof  of  guilt."  The  case  is  ongoing. 

In  July  two  ioumalists  were  each  sentenced  to  33  months  in  prison  for  "malicious 
defamation"  oi  Minister  of  Justice  Evangelos  Yiannopoulos.  The  criminal  charges 
were  filed  by  the  public  prosecutor  based  on  a  complaint  from  Yiannopoulos  regard- 
ing a  series  of  articles  published  in  July  and  September  1996  that  questioned  his 
participation  in  the  resistance  during  the  Greek  civil  war. 

In  1996  Muslim  journalist  Abdulhalim  Dede  was  charged  under  Article  191  and 
libel  laws  for  an  article  he  wrote  about  extremist  groups  in  Thrace.  In  February  he 
was  acquitted  of  violating  Article  191  but  sentenced  to  10  months  in  prison  for  libel. 
In  July  an  appeals  court  reduced  the  sentence  to  6  months  with  a  3-year  suspen- 
sion. Dede  appealed  the  decision  to  the  Supreme  Court,  which  had  not  ruled  by 
year's  end. 

The  Constitution  provides  that  the  state  exercise  "immediate  control"  over  radio 
and  television.  The  state  monopoly  on  radio  and  television  ended  in  1989  and  a 
plethora  of  private  stations  quickly  emerged.  A  1995  law  places  ownership  and  tech- 
nical frequency  limits  on  the  electronic  media.  Until  1997  radio  and  television  sta- 
tions operated  either  without  licenses  or  with  provisional  licenses,  usually  issued  by 
local  authorities.  Licensing  of  radio  stations  began  in  late  1996,  but  the  process  of 
licensing  television  stations  only  began  in  September.  State-run  stations  tended  to 
emphasize  the  Government's  views  but  also  reported  objectively  on  other  parties' 
programs  and  positions.  Private  radio  and  television  stations  operated  independ- 
ently of  any  Government  control  over  their  reporting.  Turkish-language  television 
programs  are  widely  available  via  satellite  in  Thrace. 

The  National  Radio  and  Television  Council  (NRTC),  a  governmental  organization, 
fined  the  Antenna  Television  Station  $350,000  (100  million  drachmas)  and  ordered 
it  to  suspend  normal  programming  for  10  minutes  daily  for  5  days  for  "violating  the 
code  of  ethics"  and  "not  protecting  juveniles."  (The  charges  stemmed  from  an  episode 
of  an  Antenna  "reality  show"  that  allegedly  prompted  a  man  charged  with  incest 
to  commit  suicide  before  the  show  was  broadcast.)  The  Minister  of  Press  and  Mass 
Media  approved  the  Council's  decision  in  September.  Antenna  appealed  the  case  to 
the  Council  of  State,  claiming  that  the  NRTC  acted  in  an  extrajudicial  manner  and 
exceeded  the  limits  of  its  statutory  authority,  which  authorizes  it  to  revoke  or  sus- 
pend licenses  but  is  silent  on  other  penalties. 

The  Government  prosecuted  radio  Icik,  a  Turkish -language  station  in  Komotini, 
for  operating  without  a  license  in  1994  and  1995.  At  the  trial  in  February,  the  sta- 
tion argued  that  operation  of  a  station  without  a  license  was  so  common  that  pros- 
ecution of  radio  lak  was  unfair.  The  judge  postponed  a  decision  in  the  case  for  14 
months,  pending  reform  by  Parliament  of  laws  on  radio  licensing. 


1106 

In  March  an  appeals  court  judge  dismissed  charges  brought  against  actor  Vassilis 
Diamantopolous  and  professor  George  Roussis  in  1996  for  "praising  a  criminal  act" 
in  conjunction  with  their  defense  of  rioting  students  on  a  television  talk  show.  They 
were  acquitted  in  1996,  but  the  public  prosecutor  appealed  the  decision. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  and  the  Government  respects  this  right  in  practice.  Police  per- 
mits were  routinely  issued  for  public  demonstrations,  and  there  were  no  reports  mat 
the  permit  requirement  was  abused. 

The  Constitution  provides  for  the  right  of  association,  which  was  respected  except 
in  cases  involving  ethnic  minorities.  In  1996  the  European  Court  of  Human  Ridits 
declared  a  case  regarding  the  Government's  refusal  to  register  the  "Macedonian  Cul- 
tural Center"  in  Fiorina  admissible.  The  European  Court  is  scheduled  to  hear  the 
case  in  1998. 

Government  authorities  legally  recognize  the  existence  of  the  MusUm  minority, 
but  not  other  minorities  (see  Section  5).  This  is  contrary  to  the  1990  Copenhagen 
document  of  the  then-Conference  on  Security  and  Cooperation  in  Europe  to  wmch 
the  Government  is  a  signatory,  which  asserts  that  "to  belong  to  a  national  minority 
is  a  matter  of  a  person's  individual  choice." 

c.  Freedom  of  Religion. — The  Constitution  establishes  the  Eastern  Orthodox 
Church  of  Christ,  to  which  95  to  97  percent  of  the  population  at  least  nominally  ad- 
here, as  the  prevailing  religion.  The  Orthodox  Church  wields  significant  political 
and  economic  influence.  Although  the  Constitution  provides  for  freedom  of  religion, 
non-Orthodox  groups  face  legal  limits  on  religious  practice.  The  Constitution  also 
prohibits  proselytism.  Two  laws  from  the  1930's  require  that  to  hold  services, 
Ttnown"  religious  groups  must  obtain  a  "house  of  prayer"  permit  from  the  Ministry 
of  Education  and  Keligion,  which  by  law  may  base  its  decision  on  the  opinion  of  the 
local  Orthodox  bishop.  No  formal  mechanism  exists  to  seek  recognition  as  a  known 
religion. 

In  March  an  appeals  court  confirmed  the  1996  conviction  of  Hara  Kalomiri  for  op- 
erating a  Bhuddist  place  of  worship  without  a  house  of  prayer  permit. 

Following  a  1996  European  Court  of  Human  Rights  decision  (Manousakis  et  al  vs. 
Greece)  in  which  the  Court  ruled  that  aspects  of  the  house  of  prayer  authorization 
procedure  were  contraiy  to  Article  9  of  the  European  Convention  on  the  Protection 
of  Human  Rights  and  Fundamental  Freedoms,  Prime  Minister  Simitis  ordered  the 
Ministry  of  Education  and  Religious  Affairs  to  draft  new  legislation  to  adapt  Greek 
laws  to  international  human  rights  norms.  Although  the  legislation  has  not  been  fi- 
nalized, Ministry  officials  say^  that  they  no  longer  obtain  the  opinion  of  the  local  Or- 
thodox bishop  when  considering  "house  of  prayer"  jjermit  applications.  According  to 
ministiy  officials,  all  pending  applications  have  been  issued. 

Muslmis  who  live  in  the  Athens  area,  including  immigrants  from  the  Middle  East 
and  Greek  citizens  of  Turkish  origin  originally  from  Thrace,  complain  that  the  Gov- 
ernment has  hindered  their  efforts  to  establish  a  mosque  and  a  cemetery  in  the  Ath- 
ens area. 

Several  religious  denominations  reported  difficulties  in  dealing  with  the  authori- 
ties on  a  variety  of  administrative  matters.  Privileges  and  legal  prerogatives  grant- 
ed to  the  Greek  Orthodox  Church  are  not  routinely  extended  to  other  recognized  re- 
ligions. The  non-Greek  Orthodox  must  make  separate  and  lengthy  applications  to 
government  authorities  on  such  matters  as  arranging  appointments  to  meet  with 
Ministry  of  Education  and  Religion  officials  and  gaining  permission  to  move  places 
of  worship  to  larger  facilities. 

A  tax  bill  passed  by  Parliament  in  February  created  three  new  taxes  on  churches 
and  other  nonprofit  organizations;  "public  legal  entities"  were  exempted  from  the 

{)roperty  tax  requirement.  The  exemption  of  the  Greek  Orthodox  Church,  a  public 
egal  entity  due  to  its  official  status,  from  the  property  tax  led  many  observers  to 
conclude  that  the  legislation  was  discriminatory.  Leaders  of  some  non-Orthodox  reli- 
gious groups  claimed  that  all  the  taxes  were  discriminatory,  even  those  that  the  Or- 
thodox Church  had  to  pay,  since  the  Government  subsidized  the  Orthodox  Church 
while  other  groups  were  self-supporting. 

Religious  instruction  in  public  primary  and  secondary  schools  is  mandatory  for 
Greek  Orthodox  students.  Non-Orthodox  students  are  exempt  from  this  require- 
ment. 

Police  frequently  detained  Mormons,  Jehovah's  Witnesses,  and  Scientologists  after 
receiving  complaints  that  the  individuals  were  engaged  in  proselytism.  In  most 
cases,  the  individuals  were  held  for  several  hours  at  a  police  station  and  then  re- 
leased with  no  charges  filed.  Many  reported  that  they  were  not  allowed  to  call  their 
lawyers  and  that  they  were  verbally  abused  by  police  officers  for  their  religious  be- 
liefs. Mormon  church  officials  allege  that  police  failed  in  June  to  intervene  appro- 


1107 

priately  in  two  separate  cases  when  missionaries  were  assaulted  on  the  street  in 
central  Athens  (see  Section  5). 

In  December  1996,  an  Athens  court  revoked  the  operating  permit  of  KEFE  (now 
known  as  EKDS),  the  organization  representing  Scientologists  in  Greece,  on  a  tech- 
nicality. The  group,  which  the  Government  does  not  recognize  as  a  religion,  has 
since  obtained  a  new  operating  permit.  The  court's  decision  contained  extensive  crit- 
icism of  Scientology's  beliefs  and  practices;  the  Scientologists  appealed  the  decision 
in  order  to  have  that  language  invalidated.  Since  October  1996  the  Government  has 
summoned  15  members  of  the  boards  of  KEFE  and  EKDS  to  face  charges  of 
•^inprovoked  factual  insult." 

The  Ministry  of  Education  and  Religious  Affairs  launched  an  investigation  into 
the  activities  of  two  teachers  in  Crete  who  are  members  of  the  Church  of  Christians, 
a  nondenominational  Protestant  church.  The  men  are  under  investigation  for  alleg- 
edly proseljrtizing  their  students  and  for  "membership  in  a  para-rehgious  organiza- 
tion. In  a  letter  to  one  of  the  men,  a  ministry  ofTicial  statea  that  the  charges  were 
based  in  part  on  a  January  episode  of  a  sensationalist  television  program  about  the 
Church  of  Christians.  The  investigation  was  still  underway  at  year's  end. 

In  June  Parliament  passed  a  law  providing  an  alternative  form  of  mandatory  na- 
tional service  for  conscientious  objectors.  The  law,  which  is  to  take  effect  in  January 
1998,  provides  that  conscientious  objectors  may  work  in  state  hospitals  or  municipal 
services  for  36  months.  Conscientious  objector  groups  generally  characterized  the 
legislation  as  a  "positive  first  step"  but  criticized  the  36-month  alternative  service 
term,  which  is  double  the  regular  18-month  period  of  military  service. 

Although  Jehovah's  Witnesses  are  recognized  as  a  "known"  religion,  the  military 
has  consistently  refused  to  exempt  their  clergy  from  mandatory  military  service. 
This  practice  was  found  to  be  in  violation  of  Articles  5  and  6  of  the  European  Con- 
vention on  Human  Rights  and  Fundamental  Freedoms  by  the  European  Court  of 
Human  Rights  in  two  decisions  reached  in  May,  Tsirlis  and  Kouloumpas  vs.  Greece 
and  Georgiadis  vs.  Greece.  While  the  Government  apparently  has  not  yet  changed 
its  policy  as  a  result  of  the  Court's  decisions,  no  sucn  cases  arose  during  the  year. 

Mosques  operate  freely  in  Western  Thrace  and  in  the  islands  of  Rhodes  and  Kos, 
where  most  Greek  citizens  of  the  Muslim  faith  reside.  In  Xanthi  province  17  Mus- 
lims arrested  in  1996  for  ignoring  a  stop-work  order  against  admng  a  minaret  to 
their  mosque  were  sentenced  in  January  to  4  months  in  jail.  In  June  an  appeals 
court  reduced  the  sentence  to  2  months  with  a  3-year  suspension.  Renovation  of  the 
mosque  stopped  and  the  congregation  was  not  allowed  access  to  the  site.  The  Gov- 
ernment encouraged  the  builders  to  apply  for  an  amended  building  pennit  including 
the  minaret;  the  builders  refused,  claiming  to  have  a  valid  permit  tnat  was  not  rec- 
ognized due  to  discrimination.  In  October  local  officials  allowed  construction  on  the 
mosque  to  resume. 

Under  a  1990  presidential  decree,  the  (jovemment  appointed  two  muftis  (Islamic 
judges  and  religious  leaders)  and  one  assistant  mufti  in  Greece,  all  resident  in 
Thrace,  based  on  the  recommendations  of  a  committee  of  local  Muslim  scholars,  reli- 
gious authorities,  and  community  leaders.  The  (jovemment  argued  that  it  must  ap- 
{)oint  muftis  because,  in  addition  to  their  religious  duties,  they  perform  judicial 
unctions  in  many  civil  and  domestic  matters  under  Muslim  religious  law,  for  which 
the  State  pays  them. 

The  Muslim  minority  remains  divided  on  the  mufti  selection  issue.  Some  Muslims 
accept  the  authority  of  the  two  officially  appointed  muftis;  others  have  chosen  two 
different  muftis  to  serve  their  communities.  In  November  and  December,  the  Gov- 
ernment convicted  Mehmet  Amin  Aga,  one  of  the  unofficial  muftis,  of  usurping  the 
authority  of  the  official  mufti;  Aga  was  convicted  six  times  in  2  years  of  the  same 
offense.  The  respective  sentences  were  suspended  pending  appeal. 

A  1980  law  placed  administration  of  tlie  'Svakfs"  (Muslim  charitable  organiza- 
tions) in  the  hands  of  the  appointed  muftis  and  their  representatives.  In  response 
to  objections  from  some  Muslims  that  this  arrangement  weakens  the  financial  au- 
tonomy of  the  wakfs  and  violates  the  terms  of  the  Treaty  of  Lausanne,  a  1996  presi- 
dential decree  put  the  wakfs  under  the  administration  of  a  committee  for  3  years 
as  an  interim  measure  pending  resolution  of  outstanding  problems. 

Some  non-Greek  Orthodox  religious  leaders  assert  that  their  followers  face  dis- 
crimination in  reaching  the  senior  ranks  of  government  service.  In  the  military,  gen- 
erally only  members  of  the  Greek  Orthodox  faith  become  officers,  leading  some 
meniers  of  other  faiths  to  declare  themselves  Orthodox.  Only  two  Muslim  officers 
have  advanced  to  the  rank  of  reserve  officer. 

The  (Jrovemment  took  no  further  action  to  implement  or  repeal  a  1991  law  man- 
dating that  citizens  declare  their  religion  on  new  EU-standardized  identity  cards 
based  on  European  Union  (EU)  standards,  which  could  be  used  for  internal  ETU  trav- 
el. Current  identity  cards  contain  a  space  for  religion  which  may  be  left  blank. 


1108 

On  December  16,  the  European  Court  of  Human  Rights  held  unanimously  that 
Greek  courts  had  violated  Article  6  of  the  European  Convention  on  Human  Rights 
by  refusing  to  acknowledge  that  the  Canea  Catholic  church  in  Crete  had  legal  per- 
sonality and  therefore  the  standing  to  act  in  legal  proceedings.  The  Court  awarded 
the  church  $40,000  in  court  costs  and  damages.  Human  rights  observers  viewed  the 
decision  as  a  criticism  of  government  policies  toward  non-Orthodox  religions. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  calls  for  freedom  of  movement  within  and  outside  the 
country  and  the  right  to  return.  However,  Article  19  of  the  Citizenship  Code  distin- 
guishes between  citizens  who  are  ethnic  Greeks  and  those  who  are  not.  Most  Article 
19  cases  involve  Muslims  from  Western  Thrace,  since  only  the  "Muslim  minority" 
is  recognized  as  having  non-Greek  ethnicity.  Citizens  who  are  not  ethnic  Greeks 
may  be  deprived  of  their  citizenship  if  it  is  determined  that  they  left  Greece  with 
no  apparent  intent  to  return.  Determination  of  intent  is  made  without  input  from 
the  aiiected  individual;  in  practice,  this  law  is  applied  to  members  of  the  Muslim 
conmaunity  considered  to  be  "undesirable"  by  the  security  services.  However,  immi- 
grants who  are  ethnic  Greeks  are  normally  recognized  as  citizens  and  accorded  full 
ridits,  despite  years  or  even  generations  oi  absence. 

The  Interior  Ministry  initiates  proceedings  under  Article  19  on  the  basis  of  re- 
ports by  local  authorities  or  by  Greek  embassies  or  consulates  abroad.  Affected  per- 
sons are  not  notified  of  Article  19  hearings  and  are  not  permitted  to  attend.  Those 
who  lose  citizenship  as  a  result  of  such  hearings  sometimes  learn  of  this  loss  only 
when  they  seek  to  reenter  Greece.  According  to  the  Ministry  of  the  Interior,  50  per- 
sons lost  Greek  citizenship  under  Article  19  as  of  September  (compared  with  84  at 
the  same  time  in  1996).  Of  this  number,  the  Government  claims  that  36  voluntarily 
relinquished  their  citizenship  (compared  with  35  in  1996).  Recent  Government  sta- 
tistics indicate  that  over  7,000  individuals  were  stripped  of  their  citizenship  between 
1981  and  1996.  Between  1981  and  1991,  Article  19  was  applied  an  average  of  570 
times  per  year;  from  1992  to  1996,  it  was  applied  an  average  of  164  times  per  year. 

Persons  who  lose  their  citizenship  under  Article  19  have  the  right  of  "administra- 
tive app>eal"  to  the  Interior  Ministry;  they  can  also  appeal  to  the  Council  of  State 
and  to  the  Council  of  Europe.  Leaders  of  the  Muslim  community  complained  that 
the  time  and  expense  involved  tended  to  discourage  such  appeals.  In  addition  some 
persons  who  lose  their  citizenship  under  Article  19  do  not  discover  that  fact  until 
appeals  deadlines  have  passed.  Human  rights  observers  report  that  an  unspecified 
number  of  individuals,  possibly  as  many  as  2,000,  who  have  been  stripped  of  their 
citizenship  under  Article  19  actually  live  in  Greece.  As  the  Government  has  not  is- 
sued the  affected  individuals  any  alternative  form  of  identity  document,  they  find 
it  difficult  or  impossible  to  travel  abroad  and  to  obtain  government  services. 

Another  section  of  the  Citizenship  Code,  Article  20,  permits  the  Government  to 
strip  citizenship  from  those  who  "commit  acts  contrary  to  the  interests  of  Greece  for 
the  benefit  of  a  foreign  state."  While  the  law  as  written  applies  equally  to  all  Greeks 
regardless  of  ethnic  background,  to  date  it  has  been  enforced  only  against  citizens 
who  identified  themselves  as  members  of  the  "Macedonian"  minority.  The  CJovern- 
ment  would  not  reveal  the  number  of  Article  20  cases  it  pursued  in  1997.  Dual  citi- 
zens who  are  stripped  of  Greek  citizenship  under  Article  20  are  frequently  pre- 
vented from  entering  the  country  using  the  passport  of  their  second  nationality. 

Greece  maintains  restricted  military  zones  along  its  borders.  Until  1995  authori- 
ties controlled  entry  into  the  zone  along  the  northern  border  with  Bulgaria  even  for 
local  residents,  causing  the  mostly  Pomak  inhabitants  of  the  region  to  complain  that 
their  freedom  of  movement  was  restricted.  The  Government  removed  the  sole  re- 
maining checkpoint  into  the  village  of  Exinos  in  1995  and  no  longer  enforces  the 
entry  restrictions  for  citizens.  Regulations  concerning  the  zone  remain  in  force  for 
foreigners,  however,  and  in  1997  several  were  refused  official  permission  to  enter 
the  zone. 

Ethnic  Greek  immigrants,  including  those  who  came  from  the  former  Soviet 
Union  since  1986,  normally  qualify  promptly  for  citizenship  and  special  assistance 
from  the  Government.  The  returnees  were  settled  initially  in  Western  Thrace,  where 
government  programs  encouraging  them  to  remain  have  met  with  limited  success. 
Most  move  to  Athens,  Thessaloniki,  or  other  cities,  where  job  prospects  are  better. 

The  Government  offers  asylum  under  the  terms  of  the  1951  Geneva  Convention. 
It  cooperates  with  the  local  office  of  the  U.N.  High  Commissioner  for  Refugees.  Par- 
liament passed  new  legislation  in  1996  amending  the  sections  of  the  Aliens  Act  that 
relate  to  refugees  ana  asylum.  The  legislation  is  scheduled  to  be  implemented  in 
1998,  after  necessary  presidential  decrees  are  completed.  The  new  legislation  abol- 
ished the  requirement  that  asylum  seekers  submit  their  applications  immediately 
afler  entering  the  country. 


1109 

Individuals  recognized  as  refugees  under  the  terms  of  the  Geneva  Convention  are 
eligible  for  residence  and  work  permits  necessary  to  resettle  permanently.  In  the 
first  8  months  of  1997,  2,369  individuals  submitted  applications  for  refugee  status, 
an  almost  three-fold  increase  over  the  corresponding  period  in  1996.  Eighty-five  in- 
dividuals were  recognized  as  refugees  during  the  first  8  months  of  the  year,  of  those 
refused  refugee  status,  38  were  granted  temporary  residence  on  humanitarian 
grounds  until  return  to  their  countries  of  origin  becomes  possible. 

Credible  reports  indicated  that  the  Government  at  times  deported  asylum  seekers 
back  to  their  country  of  origin  before  they  could  submit  formal  applications  for  asy- 
lum. 

The  Government  does  not  recognize  the  concept  of  first  asylum.  Thousands  of  in- 
dividuals from  Turkey,  Iraq,  and  Iran  enter  Greece  illegally  each  year;  only  a  small 
percentage  eventually  apply  for  official  refugee  status.  Some  of  those  who  do  not 
apply  remain  illegally,  often  living  in  government  camps  where  conditions  vary  from 
adequate  to  very  poor.  Others  proceed  on  to  Western  Europe,  often  applying  for  asy- 
lum there.  The  Grovemment  does  not  usually  seek  out  such  individuals  for  deporta- 
tion; as  Greece  and  Turkey  do  not  have  a  readmission  agreement,  the  Government 
finds  it  practically  impossible  to  deport  individuals  who  enter  Greece  from  Turkey. 

In  June  Greece  and  Albania  exchanged  instruments  of  ratification  for  the  seasonal 
employment  agreement  signed  in  1996  in  an  effort  to  regularize  the  status  of  the 
approximately  250,000  Albanians  working  illegally  in  Greece. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
Greece  is  a  multiparty  democracy  in  which  the  Constitution  provides  for  full  polit- 
ical ri^ts  for  all  citizens  and  for  the  peaceful  change  of  governments  and  of  the 
Constitution.  The  Government  headed  by  Prime  Minister  Constantine  Simitis  of  the 
Panhellenic  Socialist  Movement  (PASOK)  won  in  free  and  fair  elections  in  Septem- 
ber 1996.  Parliament  elects  the  President  for  a  5-year  term.  Voting  is  mandatory 
for  those  over  age  18,  but  there  are  many  conditions  that  allow  one  not  to  vote,  and 

{)enalties  are  not  applied  in  practice.  Members  of  the  unicameral  300-seat  Par- 
iament  are  elected  to  maximum  4-year  terms  by  secret  ballot.  Opposition  parties 
function  freely  and  have  broad  access  to  the  media. 

Although  there  are  no  legal  restrictions  on  the  participation  of  women  or  minori- 
ties in  government  or  politics,  representation  of  both  at  the  higher  levels  of  political 
life  remains  low.  Women  held  2  ministerial  positions  in  the  Government  and  only 
1  of  29  subministerial  positions.  Of  the  300  members  of  Parliament,  17  were  women. 
Women  are  underrepresented  in  the  leadership  of  the  two  largest  parties.  The  head 
of  the  Communist  Party  is  a  woman. 

While  the  Government  generally  respects  citizens'  political  rights,  there  are  some- 
times charges  that  it  limits  the  right  of  some  individuals  to  speak  publicly  and  asso- 
ciate freely  on  the  basis  of  their  self-proclaimed  ethnic  identity,  thus  impinging  on 
the  political  rights  of  such  persons.  In  the  1996  parliamentary  elections,  however, 
three  Muslim  deputies  were  elected  in  Thrace,  one  each  from  PASOK,  New  Democ- 
racy, and  the  Coalition  of  the  Left.  Romani  representatives  report  that  local  authori- 
ties sometimes  deprive  Roma  of  the  right  to  vote  by  refusing  to  register  them. 

In  1996  the  Grovemment  transferred  responsibility  for  oversight  of  all  rights  guar- 
anteed to  the  Muslim  minority  under  the  Treaty  of  Lausanne  (including  education, 
zoning,  administration  of  the  wakfs,  and  trade)  from  elected  local  governors  to  the 
government- appointed  periferiarch  of  Eastern  Macedonia  and  Thrace.  The 
periferiarch  is  a  regional  administrative  official  appointed  by  the  Government.  Mi- 
nority members  charged  that  the  transfer  reduced  tneir  ability  to  use  the  democratic 
process  to  influence  decisions  that  affect  them.  They  also  charged  that  the  transfer 
opened  the  possibility  of  unequal  application  of  local  laws,  because  it  created  a  situ- 
ation in  which  Muslims  and  non-Muslims  must  go  to  different  government  offices 
to  apply  for  documents  such  as  building  permits.  The  Government  stated  that  it 
made  the  change  because  Greece's  treaty  obligations  could  be  administered  more  ef- 
fectively by  the  central  authorities. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Government  allows  domestic  human  rights  organizations  to  operate,  but  co- 
operation with  them  varies.  In  principle  it  does  not  prohibit  foreign  diplomats  from 
meeting  with  officials  and  other  citizens,  including  critics  of  ofiicial  policy.  However, 
the  security  services  on  occasion  monitor  contacts  of  human  rights  groups,  including 
listening  in  on  conversations  held  between  those  groups  and  human  rights  inves- 
tigators and  diplomats.  The  security  services  have  also  questioned  monitors'  inter- 
locutors in  the  aftermath  of  meetings,  reports  of  which  have  subsequently  appeared 


1110 

in  the  press.  Official  government  documents  regarding  the  activities  of  human 
rights  monitors  have  also  been  cited  in  the  press.  Monitors  view  this  activity  as  a 
form  of  intimidation  that  deters  others  from  meeting  with  investigators. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equality  before  the  law  and  the  full  protection  of 
individual  life,  honor,  and  freedom  irrespective  of  nationality,  race,  language,  or  reli- 
gious or  political  belief.  Government  respect  for  these  rights  in  practice  is  uneven. 

Women. — The  incidence  of  violence  against  women  that  is  reported  to  the  authori- 
ties is  low,  but  Athens'  Equality  Secretariat,  which  operates  the  only  shelter  for  bat- 
tered women,  believes  the  actual  incidence  is  "high."  According  to  the  Ministry  of 
Public  Order,  183  cases  of  rape  were  reported  in  1996  (latest  statistics  available). 
The  General  Secretariat  for  Equality  of  the  Sexes  (GSES),  an  independent  govern- 
ment agency,  asserts  that  police  tend  to  discourage  women  from  pursuing  domestic 
violence  charges  and  instead  undertake  reconciliation  efforts,  although  they  are  nei- 
ther qualified  for  nor  charged  with  this  task.  The  GSES  also  claims  that  the  courts 
are  lenient  when  dealing  with  domestic  violence  cases. 

A  government  shelter  and  a  residential  facility  for  battered  women  and  their  chil- 
dren provide  relevant  services  in  Athens,  including  legal  and  psychological  advice. 
Battered  women  can  also  go  to  state  hospitals  and  regional  health  centers,  although 
these  facilities  are  often  not  adequately  staffed  to  handle  such  cases  properly. 

According  to  the  police,  trafficking  in  women  for  prostitution,  mostly  from  the 
former  Soviet  Union,  Albania,  Bulgaria,  and  Romania,  has  increased  sharply  in  re- 
cent years.  The  MPO  reports  that  of  the  185  foreigners  arrested  for  prostitution 
without  a  license  in  the  first  9  months  of  1997,  50  were  from  Albania  and  78  were 
from  the  former  Soviet  Union.  Police  estimate  that  foreigners  constitute  2,000  of  the 
5,000  prostitutes  in  Greece. 

Women  enjoy  broad  constitutional  and  legal  protections,  including  equal  pay  for 
equal  work.  However,  the  GSES  and  the  unions  maintain  that  women  receive  lower 
salaries  overall  than  men  because  they  are  hired  for  lower-level  jobs.  The  National 
Statistical  Service's  most  recent  data  (the  fourth  quarter  of  1996)  show  that  wom- 
en's salaries  in  manufacturing  were  69  percent  of  those  of  men  in  comparable  posi- 
tions; in  retail  sales,  women's  salaries  were  85  percent  of  those  of  men  in  com- 
parable positions.  These  same  groups  claim  that  women  face  a  "glass  ceiling"  when 
they  are  considered  for  promotions  in  both  the  public  and  private  sectors.  Although 
there  are  still  relatively  few  women  in  senior  positions,  in  recent  years  women  have 
entered  traditionally  male -dominated  occupations  such  as  the  legal  and  medical  pro- 
fessions in  larger  numbers. 

Children. — The  Government  is  committed  to  providing  adequate  basic  health  and 
education  services  for  children.  Education  is  compulsory  through  the  ninth  grade 
and  free  through  university.  Penal  law  prohibits  the  mistreatment  of  children  and 
sets  penalties  Tor  violators,  while  welfare  legislation  enacted  in  1992  established 
preventive  and  treatment  programs  for  abused  children  and  for  children  deprived 
of  a  family  environment;  it  also  sought  to  ensure  the  availability  of  alternative  fam- 
ily care  or  institutional  placement. 

Several  government  organizations  have  responsibility  for  children's  issues.  The 
National  Welfare  Organization,  which  has  a  nationwide  network  of  offices,  is  active 
in  the  field  of  child  protection.  The  General  Secretariat  for  Youth,  a  part  of  the  Min- 
istry of  Education  and  Religious  AfTairs,  is  conducting  a  campaign  to  encourage  so- 
cial and  political  participation  by  the  young  and  to  promote  the  rights  of  children 
and  youth. 

According  to  the  Institute  of  Child  Health  (ICH),  a  research  center  under  the  Min- 
istry of  Health  and  Welfare,  physical  punishment  is  widely  regarded  as  a  socially 
acceptable  method  of  disciplining  children.  In  a  recent  ICH  study,  65%  of  mothers 
and  55%  of  fathers  told  surveyors  that  they  punished  their  children  physically.  The 
use  of  such  measures  has  decreased  over  the  years  as  parents  have  learned  about 
alternatives  forms  of  punishment.  There  is  no  societal  pattern  of  abuse  of  children. 

No  national  data  exist  on  the  incidence  rate  of  chila  abuse,  as  local  authorities 
are  not  obligated  to  report  such  cases.  In  a  10-year  clinical  study  of  200  cases,  the 
ICH  reports  that  59.5%  involved  physical  abuse,  20%  involved  neglect,  and  21%  in- 
volved children  who  were  not  abused  at  the  time  but  had  a  history  of  abuse.  (The 
study  did  not  cover  victims  of  sexual  abuse.)  An  ICH  prevalence  study  of  child  sex- 
ual abuse  among  740  university  students  revealed  an  incidence  rate  of  7%  among 
boys  and  17%  among  girls  prior  to  age  18.  Societal  abuse  of  children  in  the  form 
of  pornography  and  child  labor  is  rare.  Child  prostitution  is  a  growing  phenomenon, 
particularly  in  some  parts  of  central  Athens. 


1111 

Child  health  specialists  say  that  some  social  groups,  such  as  Roma  and  illegal  im- 
migrants, are  underserved.  Children's  rights  advocacy  groups  claim  that  protection 
of  nirii-risk  children  in  state  residential  care  centers  is  inadequate  and  of  low  qual- 
ity. Thev  cite  lack  of  coordination  between  welfare  services  and  the  courts,  inad- 
equate funding  of  the  welfare  system,  and  poor  staffing  of  residential  care  centers 
as  systemic  weaknesses  in  child  abuse  prevention  and  treatment  efforts.  ChUd 
health  specialists  note  that  the  number  of  children  in  residential  care  facilities  is 
decreasing,  while  the  number  in  foster  ct  re  is  rising. 

In  recent  years,  the  number  of  street  children  who  panhandle  or  peddle  at  city 
intersections  on  behalf  of  adult  family  members  or  for  criminal  gangs  has  increased. 
Many  such  street  children  in  the  Athens  area  are  Albanian.  Police  occasionally 
round  up  these  children  and  take  them  to  state  or  charitable  institutions  that  care 
for  wayward  children.  Parents  can  reclaim  their  children  but  risk  deportation  if  they 
are  illegal  immigrants. 

People  With  Disabilities. — Legislation  mandates  the  hiring  of  disabled  persons  in 
public  and  private  enterprises  employing  more  than  50  persons.  However,  the  law 
IS  reportedly  poorly  enforced,  particularly  in  the  private  sector.  The  law  states  that 
disabled  persons  should  number  3  percent  of  stafi  in  private  enterprises.  In  the  civil 
service,  5  percent  of  administrative  staff  and  80  percent  of  telephone  operator  posi- 
tions are  reserved  for  disabled  persons.  Persons  with  disabilities  have  been  ap- 
pointed to  important  positions  in  the  civil  service. 

The  Construction  Code  mandates  physical  access  for  disabled  persons  to  private 
and  public  buildings,  but  this  law  too  is  poorly  enforced.  Ramps  and  special  curbs 
for  the  disabled  have  been  constructed  on  some  Athens  streets  and  at  some  public 
buildings,  and  sound  signals  have  been  installed  at  some  city  street  crossings.  Since 
1993  the  Government  has  been  replacing  old  city  buses  with  new  ones  with  stairs 
specially  designed  for  the  disabled.  The  new  Athens  subway  lines  under  construction 
reportedly  were  designed  to  provide  full  access  for  the  disabled. 

Religious  Minorities. — In  August  the  Council  of  State  ruled  that  individuals  who 
"explicitly  state  that  they  adhere  to  a  dogma  or  religion  the  beliefs  of  which  would 
prevent  the  fulfillment  of  their  duties"  can  legally  be  excluded  from- the  national  fire 
brigade.  Human  rights  observers  criticized  the  decision  as  a  dangerous  precedent  al- 
lowing religious  discrimination  in  public  sector  hiring. 

Jehovah's  Witness  leaders  report  that  their  members  experienced  difficulty  ob- 
taining permission  to  bury  their  dead  in  public  cemeteries. 

In  June  Mormon  missionaries  were  assaulted  by  passersby  in  two  incidents  on  the 
street  in  central  Athens;  police  allegedly  failed  to  intervene.  Mormon  church  officials 
criticized  the  police  response  (see  Section  2.c.). 

In  March  a  Jewish  cemetery  in  Trikala  was  severely  vandalized.  Jewish  commu- 
nity leaders  report  that  the  Ministry  of  Public  Order  at  first  declined  to  investigate 
the  incident.  An  investigation  was  eventually  launched  that  has  produced  no  results 
to  date.  Leaders  of  the  Jewish  community  have  lobbied  the  Government  for  several 
years  to  delete  anti-Semitic  references  from  public  school  textbooks.  The  Ministry 
of  Education  and  Religion  agreed  to  delete  all  such  references  as  new  editions  were 
published,  and  established  a  committee  to  identify  such  references.  Only  one  of  the 
six  anti-Semitic  references  identified  by  the  committee  was  deleted  from  the  new 
textbook  editions  published  in  1996. 

National  / Racial  / Ethnic  Minorities. — There  are  communities  that  identify  them- 
selves as  Turks,  Pomaks,  Vlachs,  Roma,  Arvanites  (ethnic  Albanians),  and  "Macedo- 
nians" or  "Slavomacedonians."  Most  are  fully  integrated  into  society.  The  Govern- 
ment formally  recognizes  only  the  "Muslim  minority"  specified  in  the  1923  Treaty 
of  Lausanne,  applying  the  term  to  several  different  ethnic  communities.  Most  of  the 
Muslim  minority  (officially  estimated  at  120,000  persons)  is  ethnically  Turkish  or 
Turcophone  and  lives  in  Western  Thrace.  The  Muslim  minority  also  includes 
Pomaks  and  Roma.  Many  Greek  Muslims,  including  Pomaks,  identify  themselves  as 
Turks  and  say  that  the  Muslim  minority  as  a  whole  has  a  Turkish  cultural  con- 
sciousness. Wmle  use  of  the  term  "tourkos"  ("Turk")  is  prohibited  in  titles  of  organi- 
zations, individuals  may  legally  call  themselves  "tourkos."  To  most  Greeks,  the  word 
"tourkos"  connotes  Turkish  identity  or  loyalties,  and  many  object  to  its  use  by  Greek 
citizens  of  Turkish  origin.  Use  of  a  similar  adjective,  "tourkoyennis"  (of  Turkish  de- 
scent, affiliation,  or  ethnicity)  is,  however,  allowed.  In  June  a  dozen  Muslim  teach- 
ers were  each  sentenced  to  8  months  in  prison  for  using  the  term  "Turkish  teachers 
of  Western  Thrace"  in  signing  a  union  document.  Their  sentences  were  suspended 
pending  appeal. 

The  Treaty  of  Lausanne  provides  that  the  Muslim  minority  has  the  right  to  Turk- 
ish-language education,  with  a  reciprocal  entitlement  for  the  Greek  minority  in  Is- 
tanbul (now  reduced  to  about  3,000).  Western  Thrace  has  both  Koranic  and  secular 
Turkish-language  schools.  Government  disputes  with  Turkey  over  teachers  and  text- 


1112 

books  caused  these  secular  schools  serious  problems  in  obtaining  faculty  and  teach- 
ing materials  in  sufficient  number  and  quality.  Under  a  1952  educational  protocol, 
Greece  and  Turkey  may  annually  exchange  35  teachers  on  a  reciprocal  basis.  The 
teachers  serve  in  Istanbul  and  Western  Thrace,  respectively,  but  in  recent  years  the 
Greek  side  limited  the  exchanges  to  16  teachers  per  country  due  to  the  dwindling 
needs  of  the  small  and  agiiiK  Greek  population  m  Turkey.  In  Greece  over  9,000 
Muslim  children  attended  Turkish-language  primary  schools.  Approximately  650  at- 
tended Turkish-language  secondary  schools,  and  approximately  1,000  attended 
Greek-language  secondary  schools.  Many  Muslims  reportedly  went  to  high  school  in 
Turkey  due  to  the  limited  number  of  places  in  the  Turkish-language  secondary 
schools,  which  are  assigned  by  lottery. 

In  1995  the  Government  enacted  several  measures  designed  to  improve  the  edu- 
cational situation  of  Muslims  in  Thrace.  Incentives  were  created  to  encourage  Mus- 
lim and  Christian  educators  to  reside  and  teach  in  isolated  villages.  The  law  also 
permits  the  Minister  of  Education  to  give  special  consideration  to  Muslims  for  ad- 
mission to  universities  and  technical  institutes.  The  law  required  universities  and 
technical  institutes  to  create  a  certain  number  of  places  for  Muslim  students  each 
year,  in  1997,  334  spaces  were  available.  The  admission  exams  were  taken  by  120 
Muslim  students,  and  114  were  accepted  into  universities  and  technical  schools.  Mi- 
nority sources  indicate  that  the  success  rate  of  students  accepted  in  1996  was  low. 

The  rate  of  employment  of  Muslims  in  the  public  sector  and  in  state-owned  indus- 
tries and  corporations  is  much  lower  than  the  Muslim  percentage  of  the  population. 
In  Xanthi  and  Komotini,  while  Muslims  hold  seats  on  the  prefectural  and  town 
councils,  there  are  no  Muslims  among  the  regular  employees  of  the  prefecture.  Mus- 
lims in  Thrace  claim  that  they  are  hired  only  for  lower  level,  part-time  work.  The 
Government  says  that  lack  oi  fluency  in  written  and  spoken  Greek  and  the  need 
for  university  degrees  for  hi^-level  positions  limit  the  number  of  Muslims  eligible 
for  government  jobs.  In  1997,  for  the  first  time,  a  Muslim-owned  company  received 
one  of  the  government  subsidies  offered  to  corporations  establishing  or  expanding 
business  operations  in  Thrace. 

Public  omces  in  Thrace  do  their  business  in  Greek;  the  courts  provide  interpreters 
as  needed.  The  office  of  the  nomarch  (governor)  in  Rodopi  province,  where  many  eth- 
nic Turks  live,  has  Turkish-language  interpreters  available.  In  November,  however, 
a  prosecutor  in  Rodopi  ordered  the  Komotini  registrar  to  stop  accepting  documents 
sealed  by  the  government-appointed  muftis  unless  the  language  of  the  documents 
is  Greek.  He  also  ordered  the  registrar  to  reiect  as  unsealed  any  documents  bearing 
the  Arabic-lettered  seals  used  by  the  muftis  for  the  last  70  years. 

Claims  of  discriminatory  denial  of  Muslim  applications  for  business  licenses,  trac- 
tor ownership,  or  property  construction  have  diminished  greatly  in  recent  years.  De- 
velopment 01  basic  public  services  (electricity,  telephones,  paved  roads)  in  Muslim 
neignborhoods  and  villages,  however,  continues  in  many  cases  to  lag  far  behind  that 
of  non-Muslim  areas. 

Other  than  in  one  multicultural  education  'pUot  school,'  the  Government  does  not 
provide  instruction  in  Greek  as  a  second  language  to  Turcophone  children  in  the 
Athens  area.  Muslim  parents  report  that  their  children  are  unable  to  succeed  in 
school  as  a  result  of  this  policy.  The  Government  maintains  that  Muslims  outside 
of  Thrace  are  not  covered  by  the  Treaty  of  Lausanne  and  therefore  do  not  enjoy 
those  rights  guaranteed  by  the  treaty. 

In  February  a  group  of  youths  threw  rocks  at  a  mosque  in  Rodopi  province  during 
m^yers,  causing  minor  damage.  Four  people  were  injured  in  the  ensuing  scuffie. 
The  incident  did  not  appear  to  be  related  to  the  organized  anti-mosque  violence  of 
previous  years.  Authorities  who  investigated  the  incident  attributed  it  to  intoxicated 
juvenile  delinquents.  However,  Muslims  continued  to  face  governmental  and  societal 
discrimination. 

Members  of  the  Muslim  minority  on  the  Dodecanese  islands  of  Rhodes  and  Kos 
are  much  more  integrated  into  local  society. 

Northern  Greece  is  home  to  an  indeterminate  number  (estimates  range  widely, 
from  under  10,000  to  50,000  or  more)  of  citizens  who  are  descended  from 
Slavophones.  Some  still  speak  a  Slavic  dialect,  particularly  in  Fiorina  province.  A 
small  number  of  them  identify  themselves  as  belonging  to  a  distinct  ethnic  group, 
which  they  call  "Macedonian,'  and  assert  their  right  to  minority  status,  (these  self- 
described  ethnic  "Macedonians"  are  hereafter  referred  to  as  "Macedonians.  ")  This 
assertion  generates  strong  objections  among  the  2.2  million  ethnically  and  linguis- 
tically Greek  inhabitants  of  tne  northern  Greek  region  of  Macedonia,  who  also  use 
the  term  to  identify  themselves.  The  Government  refuses  to  recognize  the  Slavic  dia- 
lect as  "Macedonian"  and  denies  that  it  is  a  language  distinct  from  Bulgarian.  Gov- 
ernment officials  in  Fiorina  have  used  laws  against  "inciting  rivalry  and  division" 
to  block  the  use  of  Slavic  place-names  and  other  terms  in  public  (see  Section  2.a.) 


1113 

Greek  sensitivity  on  this  issue  stems  from  concern  that  members  of  the  "Macedo- 
nian" minority  may  have  separatist  aspirations.  Greece's  dispute  with  the  former 
Yugoslav  Republic  of  Macedonia  over  that  country's  name  heightened  this  sensitiv- 
ity. 

Government  harassment  and  intimidation  of  some  of  these  people,  which  has  in- 
cluded denying  their  right  to  association  (see  Section  2.b.),  monitoring  activists' 
meetings  with  numan  rights  investigators  (see  Section  2.d.),  and  accusing  activists 
publicly  of  being  agents  of  a  foreign  Government,  continues  at  a  reduced  level.  Fear 
of  loss  of  employment  or  other  sanctions  leads  some  Greeks  who  consider  themselves 
"Macedonian"  not  to  declare  it  openly.  Activists  also  complain  of  limited  access  to 
the  press,  although  there  is  no  evidence  that  the  Government  pressures  the  media 
not  to  cover  the  issue. 

Roma  frequently  face  discrimination  in  employment  and  in  housing,  particularly 
when  attempting  to  rent  accommodations.  They  experience  police  abuse  more  fre- 
quently than  some  other  groups,  particularly  when  police  raid  entire  Roma  camps 
based  on  a  warrant  to  arrest  one  individual. 

The  (iieneral  Secretariat  for  Adult  Education  (GSAE),  a  government  agency,  esti- 
mated the  Romani  population  to  be  150,000  to  200,000  in  1997.  NonofTicial  sources 
estimate  the  total  at  250,000  to  300,000.  Most  of  the  Roma  in  Western  Thrace  are 
Muslim;  elsewhere,  the  majority  are  Greek  Orthodox.  Almost  half  are  permanently 
settled,  mainly  in  the  Athens  area.  The  other  half  are  mobile,  working  mainly  as 
agricultural  laborers,  peddlers,  and  musicians  throughout  the  country.  The  GSAE 
reports  that  the  number  of  Roma  who  move  around  the  country  is  gradually  de- 
creasing as  families  settle  into  slums  in  the  suburbs  of  major  cities.  Government 
policy  is  to  encourage  the  integration  of  Roma.  Poverty,  illiteracy,  and  social  preju- 
dice continue  to  plague  large  parts  of  the  Romani  population;  these  problems  are 
most  severe  among  tne  Roma  who  are  mobile  or  who  live  in  slums.  The  GSAE  con- 
ducts education  and  training  programs  for  the  Romani  population.  The  illiteracy 
rate  among  Roma  is  estimated  at  80  percent.  The  Ministry  of  Education  established 
a  system  of  identity  cards  designed  to  permit  students  to  change  schools  easily  as 
their  parents  move  and  is  developing  a  system  of  satellite  schools  for  Romani  settle- 
ments. 

The  integration  of  Roma  into  public  social  security  systems  is  quite  low.  It  is  esti- 
mated that  90  percent  of  Roma  are  not  insured  by  the  public  social  security  systems, 
as  they  are  unable  or  unwilling  to  make  the  required  contributions.  Like  all  Greek 
citizens,  the  Roma  are  entitled  to  free  emergency  health  care.  Their  access  to  health 
care  is  at  times  hindered  by  the  fact  that  their  encampments  are  located  far  from 
public  health  facilities. 

In  April  the  mayor  of  Ano  Liossia  ordered  the  eviction  of  100  Romani  families  liv- 
ing on  private  land  next  to  the  landfill  that  serves  the  greater  Athens  area.  Accord- 
ing to  human  ri^ts  observers  and  Roma,  the  residents  were  given  only  a  few  hours 
notice  to  remove  their  possessions  before  bulldozers  leveled  their  shacks.  Roma 
claim  that  there  had  been  a  Romani  encampment  on  the  site  for  15  years  and  criti- 
cized the  short  notice  and  apparently  arbitrary  nature  of  the  eviction. 

Projects  announced  in  1996  to  improve  Romani  living  conditions  have  not  yet  been 
implemented.  The  Prime  Minister  nas  designated  a  member  of  his  staff  to  coordi- 
nate the  efforts  of  all  government  ministries  having  a  role  in  the  integration  of 
Roma. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  subsequent  legislation  provide 
for  the  right  of  association.  All  workers,  with  the  exception  of  the  military,  have  the 
right  to  form  or  join  unions.  Police  have  the  right  to  form  unions  but  not  to  strike. 

Approximately  30  percent  of  workers  (nearly  1  million  persons)  were  organized  in 
unions.  Unions  receive  most  of  their  funding  from  a  Ministry  of  Labor  organization, 
the  Workers'  Hearth,  which  distributes  mandatory  contributions  from  employees 
and  employers.  Workers,  employers,  and  the  state  are  represented  in  equal  numbers 
on  the  board  of  directors  of  tne  Workers'  Hearth.  Only  the  five  most  powerful  public 
sector  unions  have  dues-withholding  provisions  in  their  contracts,  in  addition  to  re- 
ceiving Workers'  Hearth  subsidies. 

Over  4,000  unions  are  grouped  into  regional  and  sectoral  federations  and  two  um- 
brella confederations,  one  for  civil  servants  and  one,  the  General  Confederation  of 
Greek  Workers  (GSEE),  for  private  sector  employees.  Unions  are  highly  politicized, 
and  there  are  party-afliliated  factions  within  the  labor  confederations,  but  day-to- 
day operations  are  not  controlled  by  political  parties  or  the  (jovernment.  There  are 
no  restrictions  on  who  may  serve  as  a  union  ofiicial. 

Legal  restrictions  on  strikes  include  a  mandatory  p)eriod  of  notice,  which  is  4  days 
for  public  utilities  and  24  hours  for  the  private  sector.  Legislation  mandates  a  skele- 


1114 

ton  staff  during  strikes  affecting  public  services,  such  as  electricity,  transportation, 
conimunications,  and  banking.  Public  utility  companies,  state-owned  banks,  the 
postal  service,  Olympic  Airways,  and  the  railroads  are  also  required  to  maintain  a 
skeleton  staff  during  strikes. 

The  courts  have  the  power  to  declare  strikes  illegal,  although  such  decisions  are 
seldom  enforced.  Unions  complain,  however,  that  this  judicial  power  serves  as  a  de- 
terrent to  some  of  their  membership  from  participating  in  strikes.  In  1997  the 
courts  declared  a  majority  of  strikes  illegal  for  reasons  such  as  failure  of  the  union 
to  give  adequate  advance  notice  of  the  strike,  or  the  addition  of  demands  by  the 
union  during  the  course  of  the  strike.  No  striking  workers  were  prosecuted,  how- 
ever. 

Unions  are  free  to  join  international  associations  and  maintain  a  variety  of  inter- 
national affiliations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Legislation  provides  for  the 
right  to  organize  and  bargain  collectively  in  the  private  sector  and  in  public  corpora- 
tions. These  rights  are  respected  in  practice.  There  are  no  restrictions  on  collective 
bai^aining  for  private  sector  employees.  The  union  of  civil  servants  negotiates  with 
the  Office  of  the  Minister  to  the  Prime  Minister. 

In  response  to  union  complaints  that  most  labor  disputes  ended  in  compulsory  ar- 
bitration, legislative  remedies  were  enacted  in  1989  providing  for  mediation  proce- 
dures, with  compulsory  arbitration  as  a  last  resort.  The  legislation  establishing  a 
national  mediation,  reconciliation,  and  arbitration  organization  went  into  effect  in 
1992  and  applies  to  the  private  sector  and  public  corporations  (the  military  and  civil 
service  excluded). 

Antiunion  discrimination  is  prohibited.  The  labor  inspectorate  or  a  court  inves- 
tigates complaints  of  discrimination  against  union  members  or  organizers.  Court 
rulings  have  mandated  the  reinstatement  of  improperly  fired  union  organizers. 

Three  free  trade  zones  operate  according  to  European  Union  regulations.  The 
labor  laws  apply  equally  in  these  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  all 
forced  or  compulsory  labor,  including  that  performed  by  children,  and  the  Ministry 
of  Justice  enforces  this  prohibition.  However,  the  Government  may  declare  the  "civil 
mobilization"  of  workers  in  the  event  of  danger  to  national  security,  life,  property, 
or  the  social  and  economic  life  of  the  country.  The  International  labor  Organization 
(ILO)  Committee  of  Experts  has  criticized  this  power  as  violating  the  standards  of 
ILO  Convention  29  on  forced  labor. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  Con- 
stitution contains  a  blanket  prohibition  of  compulsory  labor.  Although  no  specific 
legislation  explicitly  prohibits  forced  and  bonded  labor  by  children,  such  practices 
are  not  known  to  occur.  The  minimum  age  for  employment  in  the  industrial  sector 
is  15,  with  higher  limits  for  certain  activities.  The  minimum  age  is  12  in  family 
businesses,  theaters,  and  the  cinema.  These  age  limits  are  enforced  by  occasional 
Labor  Inspectorate  spot  checks  and  are  generally  respected.  However,  families  en- 
gaged in  agriculture,  food  service,  and  merchandising  often  have  younger  family 
members  assisting  them,  at  least  part  time. 

e.  Acceptable  Conditions  of  Work. — Collective  bargaining  between  the  GSEE  and 
the  Employers'  Association  determines  a  nationwide  minimum  wage.  The  Ministry 
of  Labor  routinely  ratifies  this  minimum  wage,  which  has  the  force  of  law  and  ap- 
plies to  all  workers.  The  minimum  wage  of  $22  (Dr  6,000)  daily  and  $495  (Dr 
133,962)  monthly,  effective  July  1,  is  sufficient  for  a  decent  standard  of  living  for 
a  worker  and  family.  The  maximum  legal  workweek  is  40  hours  in  the  private  sec- 
tor and  37y2  hours  in  the  public  sector.  The  law  provides  for  at  least  one  24-hour 
rest  period  per  week,  mandates  paid  vacation  of  1  month  per  year,  and  sets  limits 
on  overtime. 

Legislation  provides  for  minimum  standards  of  occupational  health  and  safety.  Al- 
though the  GSEE  characterized  health  and  safety  legislation  as  satisfactory,  it 
charged  that  enforcement,  the  responsibility  of  the  Labor  Inspectorate,  was  inad- 
equate. The  ILO  urged  the  Government  to  put  the  Labor  Inspectorate  under  central 
authority  in  order  to  comply  with  ILO  Convention  81.  Workers  do  not  have  the  legal 
right  to  remove  themselves  from  situations  they  believe  endanger  their  health.  They 
do  have  the  right,  however,  to  lodge  a  confidential  complaint  with  the  Labor 
Inspectorate.  Inspectors  have  the  right  to  close  down  machinery  or  a  process  for  a 
period  of  up  to  5  days  if  they  see  safety  or  health  hazards  that  they  believe  rep- 
resent an  imminent  danger  to  the  workers. 


1115 
HUNGARY 

Hungary  is  a  parliamentary  democracy  with  a  freely  elected  legislative  assembly. 
F*rime  Minister  Gyula  Horn,  the  leader  of  the  Hunearian  Socialist  Party,  heads  a 
coalition  Government  formed  after  the  1994  national  elections.  The  Government  re- 
spects the  constitutional  provisions  for  an  independent  judicisiry. 

The  internal  and  external  security  services  report  directly  to  a  minister  without 
portfolio,  and  the  police  report  to  the  Interior  Minister.  There  continued  to  be  credi- 
ble reports  of  pwlice  abuses,  although  their  frequency  has  declined  compared  with 
previous  years. 

The  Government  has  demonstrated  through  its  macroeconomic  policies  and  exten- 
sive privatization  its  commitment  to  the  transition  to  a  market  economy.  The  pri- 
vate sector  generates  about  75  percent  of  gross  domestic  product.  Services,  trade, 
and  government  employ  about  63  percent  of  the  labor  force,  and  industry  nearly  30 
percent.  Major  exports  include  manufactured  goods  (41  percent)  and  machinery  and 
transport  equipment  (39  percent).  An  estimated  25  percent  of  the  population  live  in 
poverty,  with  elderly  pensioners,  dependent  housewives  and  children,  and  Roma 
most  affected. 

The  Government  generally  respects  human  rights  and  civil  liberties  of  its  citizens; 
however,  in  practice  the  authorities  do  not  always  ensure  due  process  in  all  cases. 
Prosecutors  and  judges  may  impose  what  amounts  to  unlimitea  pretrial  detention, 
although  the  Government  expanded  legal  provisions  for  the  right  to  fair  trial.  Police 
on  occasion  enter  private  residences  to  check  foreigners'  identification  without  war- 
rants. Although  senior  levels  of  the  Interior  Ministry  and  the  National  Police  ad- 
dressed problems  in  specific  cases,  police  continued  to  use  excessive  force  against 
suspects.  Police  harassed  and  abused  both  Roma  and  foreign  nationals. 

Tne  print  media  are  completely  privatized  and  enjoy  a  high  degree  of  independ- 
ence. The  electronic  media  remain  a  mixture  of  state-run  and  private  enterprises: 
the  two  laivest  stations  are  state  owned,  but  in  October  three  commercial  stations 
began  broadcasting.  Opposition  politicians  and  some  journalists  criticized  what  they 
termed  the  Government's  "media  monopoly,"  the  constraints  it  purportedly  imposes 
on  press  freedom  by  economic  pressure,  and  its  discrimination  against  conservative 
media.  However,  there  is  no  evidence  of  government  interference  with  editorial  con- 
tent. Societal  discrimination  against  Roma  remains  a  serious  problem.  Anti-Semitic 
and  racist  attacks  continued  to  decline.  Spousal  abuse  of  women,  sexual  harass- 
ment, and  discrimination  in  the  job  market  remain  serious  problems.  Steps  were  im- 
plemented to  improve  the  rights  of  women  and  persons  with  disabilities. 

RESPECT  FOR  HUMAN  RIGHTS 
Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

After  a  suspect  reportedly  was  beaten  to  death  in  Paszto  in  1995,  one  of  the  police 
officers  involved  was  dismissed,  three  were  suspended,  and  the  police  commander 
resigned.  After  12  months  of  investigation,  formal  charges  were  brought  in  October 
1996.  In  February  the  police  officers  were  acquitted  on  the  grounds  that  there  was 
insufficient  evidence  that  the  beating  directly  resulted  in  the  suspect's  death. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
No  known  incidents  of  torture  occurred.  Police  abuses  continued,  including  harass- 
ment, use  of  excessive  force,  and  beatings  of  suspects.  Police  also  continued  to  har- 
ass and  physically  abuse  Roma  and  foreign  nationals.  A  total  of  164  police  officers 
were  accused  of  physical  abuse  in  1995  (latest  available  data),  a  three-fold  increase 
over  1994. 

The  police  and  Interior  Ministry  are  working  to  change  the  police's  authoritarian 
image,  and  human  rights  organizations  report  thatpolice  are  generally  more  cooper- 
ative with  outside  monitoring  of  police  benavior.  These  efforts  are  hampered,  how- 
ever, by  low  salaries  and  a  lack  oi  physical  resources.  A  1997  study  by  tne  ombuds- 
man's office,  which  investigates  constitutional  violations  in  the  public  sector,  con- 
demned police  corruption  but  noted  that  it  is  unsurprising  that  it  exists,  given  the 
police's  low  pay  ana  poor  working  conditions.  Police  frequently  harass  residents, 
charging  questionable  fines  for  erroneous  traffic  violations  to  earn  petty  cash.  Police 
showed  indifference  towards  foreigners  who  have  been  victims  of  street  crime. 

Although  prisons  are  overcrowded,  conditions  meet  minimum  international  stand- 
ards. Following  a  report  by  the  European  Committee  for  the  Prevention  of  Torture 
and  Inhuman  or  Degrading  Treatment  or  Punishment  published  in  January,  the 
Government  closed  detention  facilities  deemed  unfit  and  modernized  others.  A  re- 


1116 

port  for  the  first  half  of  1996  by  a  local  human  rights  organization  identified  28 
cases  of  physical  abuse  of  detainees  in  prisons  (latest  available  data). 
The  Government  permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Police  must  inform  suspects  upon  arrest 
of  the  charges  against  them  and  may  hold  them  for  a  maximum  of  72  hours  before 
fUing  charges.  The  law  requires  that  all  suspects  be  allowed  access  to  counsel  prior 
to  questioning  and  throughout  all  subsequent  proceedings.  The  authorities  must 
provide  counsel  for  juveniles,  the  indigent,  and  the  mentally  disabled.  There  are 
credible  reports  that  police  do  not  always  allow  access  to  counsel,  particularly  for 
minor  crimes.  There  is  no  bail  system;  however,  depending  upon  the  nature  of  the 
crime,  courts  may  release  detainees  upon  their  own  recognizance. 

The  Police  Act  permits  police  to  hold  suspects  in  public  security  detention  (F'SD) 
in  cases  where  the  suspect  has  no  identity  papers;  where  blood  or  urine  tests  must 
be  performed  to  determine  blood  alcohol  content;  or  if  the  suspect  continues  to  com- 
mit a  misdemeanor  offense  in  spite  of  prior  warning.  Suspects  may  be  held  in  PSD 
for  up  to  24  hours.  Such  detainees  are  not  always  informed  of  the  charges  against 
them,  because  such  periods  of  "short"  detention  are  not  defined  as  "criminal  deten- 
tion" and  so  are  not  considered  to  be  covered  by  the  Criminal  Code. 

Pretrial  detention,  based  on  a  warrant  issued  by  a  judge,  is  initially  limited  to 
1  year  while  criminal  investigations  are  in  progress;  it  may  be  extended  indefinitely 
on  the  prosecutor's  motion  (provided  the  judge  concurs).  The  lack  of  a  bail  system 
gives  tremendous  leeway  to  the  judge.  In  1996  the  average  length  of  pretrial  deten- 
tion was  3  to  6  months,  althougn  nearly  10  percent  of  detainees  were  held  for  peri- 
ods ranging  from  8  to  12  months.  In  addition,  foreigners  are  usually  held  until  their 
trial  since  they  are  considered  likely  to  flee  the  country.  Roma  allege  that  they  are 
kept  in  pretrial  detention  longer  and  more  frequently  than  non-Roma  (see  Section 
I.e.).  The  law  provides  for  compensation  when  a  detainee  is  released  for  lack  of  evi- 
dence, but  the  procedure  is  exercised  rarely  since  detainees  must  undertake  a  com- 
plicated legal  procedure  to  pursue  their  claims. 

The  Penal  Code  does  notprovide  for  exile,  and  it  is  not  employed. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides 
citizens  with  a  fair,  although  sometimes  slow,  process.  Counsel  is  appointed  for  indi- 
gent clients,  but  public  deienders  are  poorly  paid  and  do  not  give  indigent  defend- 
ants priority;  lawyers  often  meet  such  clients  ior  the  first  time  at  trial. 

Under  the  Constitution,  the  courts  are  responsible  for  the  administration  of  jus- 
tice, with  the  Supreme  Court  exercising  control  over  the  operations  and  judicature 
of  aU  the  courts.  There  are  three  levels  of  courts.  Original  jurisdiction  in  most  mat- 
ters rests  with  the  local  courts.  Appeals  of  their  rulings  may  be  made  to  the  county 
courts  or  to  the  Budapest  municipal  court,  which  have  original  jurisdiction  in  other 
matters.  The  highest  level  of  appeal  is  the  Supreme  Court,  whose  decisions  on  non- 
constitutional  issues  are  binding.  In  the  case  of  military  trials,  appeals  also  may  be 
addressed  to  the  Supreme  Court. 

The  Constitutional  Court  is  charged  with  reviewing  the  constitutionality  of  laws 
and  statutes  brou^t  before  it.  Citizens  may  appeal  directly  to  the  Constitutional 
Court  if  they  believe  that  their  constitutional  rights  have  been  violated.  Parliament 
elects  the  dourt's  members  to  9-year  terms,  which  may  be  renewed.  In  September 
the  Parliament  began  debate  on  whether  to  increase  the  number  of  seats  on  the 
Constitutional  Court,  as  well  as  providing  life  tenure  for  its  members  (the  current 
retirement  age  is  70),  thereby  addressing  concerns  that  vacancies  on  the  bench 
could  delay  the  Court's  work.  No  judge  or  member  of  the  Supreme  or  Constitutional 
Court  may  belong  to  a  political  party  or  engage  in  political  activity.  Although  the 
Government  has  alleged  that  judges'  political  attitudes  have  affected  decisions, 
these  charges  are  undercut  by  unanimous  decisions  in  controversial  cases,  with 
judges  appointed  by  the  (jovernment  siding  with  those  appointed  by  the  opposition. 

T^ie  law  provides  for  the  right  to  a  fair  trial,  and  the  authorities  respected  this 
right  in  practice.  In  selected  cases  judges  may  agree  to  a  closed  trial  to  protect  the 
accused  or  the  crime  victim,  such  as  in  some  rape  cases.  There  is  no  jury  system; 
hence  judges  are  the  final  arbiters. 

Military  trials  follow  civil  law  and  may  be  closed  if  national  security  or  moral 
grounds  so  justify.  In  all  cases,  sentencing  must  take  place  publicly.  Defendants  are 
entitled  to  counsel  during  all  phases  of  criminal  proceedings  and  are  presumed  inno- 
cent until  proven  guilty.  Judicial  proceedings  are  generally  investigative  rather  than 
adversarial  in  nature. 

Many  human  rights  and  Romani  organizations  claim  that  Roma  receive  less  than 
equal  treatment  in  the  judicial  process.  Specifically,  they  allege  that  Roma  are  kept 
in  pretrial  detention  more  often  and  for  longer  periods  of  time  than  non-Roma.  This 
allegation  is  credible  in  light  of  general  discrimination  against  Roma;  however,  there 


1117 

is  no  statistical  evidence  because  identifying  the  ethnicity  of  offenders  is  not  allowed 
in  police  records. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
provides  that  the  prosecutor's  oflice  may  issue  search  warrants.  Police  must  carry 
out  house  searches  in  the  presence  of  two  witnesses  and  must  prepare  a  written  in- 
ventory of  items  removed  from  the  premises.  Wiretapping,  which  may  be  done  for 
national  security  reasons  and  for  legitimate  criminal  investigations,  requires  a 
court's  permission.  These  provisions  appear  to  be  observed  in  practice.  However,  po- 
lice at  times  enter  private  residences  without  warrants  to  check  foreigners'  identi- 
fication. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  the  Government  respects  this  right  in  practice.  All  the  major 
print  media — national  and  re^onal  newspapers,  magazines,  and  tabloids — are  in 
private  hands,  some  as  part  oi  foreign  medaa  companies.  The  print  media  enjoy  con- 
siderable freedom;  however,  journalists  and  opposition  politicians  are  concerned  that 
the  expression  of  different  views  in  the  press  may  be  circumscribed  by  the  small 
number  of  owners  who  control  most  of  the  print  media. 

Parliament  passed  a  media  law  in  1995  creating  institutions  designed  to  foster 
a  free  and  independent  electronic  media.  The  law  provided  for  the  creation  of  na- 
tionwide commercial  television  and  radio,  and  insulated  the  remaining  public  serv- 
ice media  from  government  control.  In  June  the  Government  awarded  licenses  for 
the  new  privatized  television  channels  that  began  broadcasting  in  October;  licenses 
for  commercial  radio  were  awarded  in  November,  and  the  stations  are  expected  to 
bejrin  broadcasting  in  early  1998. 

The  regulatory  Dody  created  by  the  1995  law,  the  National  Television  and  Radio 
Board  (OKTT),  was  accused  during  its  first  year  and  a  half  of  operation  of  political 
bias  in  awarding  television  licenses.  Others  have  criticized  ORTT  for  its  attempts 
to  acquire  a  share  of  the  National  Broadcasting  Company,  thereby  becoming  an 
owner  in  the  industry  it  regulates.  Two  lawsuits  have  been  filed  against  the  Board, 
in  both  cases  raising  the  question  of  whether  the  Board  is  truly  insulated  from  poli- 
tics and  conflicts  of  interest  as  intended  by  the  law. 

Academic  freedom  is  generally  respected. 

b.  Freedom  of  Peaceful  Assem.bly  and  Association. — There  are  essentially  no  re- 
strictions on  peaceful  public  gatherings.  In  general  the  Government  does  not  reqruire 
permits  for  assembly  except  when  a  public  gathering  is  to  take  place  near  sensitive 
installations,  such  as  military  facilities,  embassies,  or  key  government  buildings.  Po- 
lice may  sometimes  alter  or  revoke  permits,  but  there  is  no  evidence  that  they  abuse 
this  right. 

Any  10  or  more  persons  may  form  an  association,  provided  that  it  does  not  com- 
mit criminal  offenses  or  disturb  the  rights  of  others.  Associations  with  charters  and 
elected  officers  must  register  with  the  courts. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and 
members  of  all  faiths  are  allowed  to  practice  tneir  religion  freely.  There  are  77  offi- 
cially recognized  churches.  There  is  no  officially  preferred  religion,  but  only  41  ofTi- 
cially  approved  religions  receive  state  subsidies.  A  1996  law  permits  citizens  to  do- 
nate 1  percent  of  their  income  tax  to  the  church  or  nonprofit  agency  of  their  choice. 
Figures  released  in  September  show  that  of  $10  million  (1.9  billion  forints)  donated, 
$100,000  (20  million  forints)  was  sent  to  churches  (the  remainder  was  donated  pri- 
marily to  schools  and  animal  welfare  groups).  In  June  the  Government  signed  a 
treaty  with  the  Vatican  to  return  church  property  confiscated  by  the  Communist  re- 
gime; the  treaty  also  guaranteed  a  minimum  state  subsidy  to  the  Catholic  Church 
of  $9  million  (1.7  billion  forints).  Religious  orders  and  schools  have  regained  some 
property  confiscated  by  the  Communist  regime. 

In  March  Parliament  passed  enabling  legislation  setting  up  a  $20  million  (4  bil- 
lion Ft)  Jewish  Heritage  Foundation  fund  as  provided  for  in  the  1996  Jewish  res- 
titution decree.  The  fund  provides  restitution  to  over  16,000  Holocaust  survivors. 
Payments,  in  the  form  of  life  pensions,  began  in  October.  The  (jovernment  also 
agreed  to  restore  to  the  Jewish  community  nine  real  estate  properties  and  assorted 
artwork  confiscated  by  the  Communist  authorities. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  are  no  restrictions  on  the  movement  of  citizens  within  or  outside 
the  country,  including  on  the  rights  of  emigration  and  repatriation.  However,  local 
authorities  have  in  some  cases  tried  to  expel  Roma  from  towns  or  to  induce  Roma 
to  live  in  what  amount  to  ghettos.  The  Government  may  delay  but  not  deny  emigra- 
tion for  those  who  have  significant  court-assessed  debts  or  who  possess  state  secrets. 


1118 

It  requires  that  foreigners  from  countries  that  do  not  have  a  visa  waiver  agreement 
with  Hungary  obtain  exit  visas  each  time  they  leave  the  country,  although  blanket 
permission  is  sometimes  available. 

Refugees  numbering  4,469  from  the  former  Yugoslavia  are  registered  in  Hungary. 
Most  are  in  private  housing,  with  only  500  housed  in  3  refugee  camps.  The  Govern- 
ment estimates  there  are  as  many  as  60,000  immigrants  (the  vast  majority  from  Ro- 
mania) living  in  the  country  in  unregistered  status,  although  the  local  omce  of  the 
United  Nations  High  Commissioner  for  Refugees  (UNHCR)  oelieves  that  this  figure 
is  too  high. 

Hungary  is  a  signatory  to  the  1951  United  Nations  Convention  Relating  to  the 
Status  of  Refugees  and  to  its  1967  Protocol.  In  December  Parliament  amended  the 
refugee  law  to  eliminate  a  restriction  granting  refugee  status  only  to  Europeans. 
The  Government  cooperates  with  the  ofUce  of  the  UNHCR  and  other  humanitarian 
organizations  in  assisting  refugees.  Hungary  provided  first  asylum  to  refugees  from 
the  former  Yugoslavia  during  the  fighting  in  that  neighboring  country.  Prospective 
refugees  who  seek  only  to  transit  to  Western  Europe  are  encouraged  to  return  to 
their  countries  of  departure. 

Illegal  aliens,  mostly  non-European,  were  housed  at  border  guard  facilities 
throughout  Hungary.  During  the  period  from  January  to  July,  5,149  illegal  aliens 
were  processed  pending  either  deportation  or  qualification  for  resettlement  in  a 
third  country  according  to  Interior  Ministry  data.  The  determination  is  made  by  the 
local  office  of  UNHCR.  While  police  seek  the  timely  deportation  of  detainees  who 
do  not  qualify  for  refugee  status,  a  shortage  of  funds  and  the  detainees'  lack  of  prop- 
er documentation,  sucn  as  passports,  often  result  in  lengthy  stays.  The  Helsinki 
Committee  reported  that  a  group  of  15  Syrian  Kurds  were  detained  for  6  weeks  in 
an  airport  hangar  after  being  denied  refugee  status.  They  were  transferred  to  a  ref- 
ugee camp  after  human  rights  groups  threatened  to  take  the  case  to  the  European 
Court  of  Human  Rights.  Tne  group  has  since  left  the  camp  and  is  believed  to  have 
left  the  country.  There  were  no  reports  of  the  forced  return  of  persons  to  a  country 
where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  age  18  and  over  have  the  right  to  change  their  government  through  na- 
tional elections  held  at  least  every  4  years.  Members  of  Parliament  are  elected 
through  a  complex  voting  procedure  for  individuals  and  party  lists.  In  the  1994  na- 
tional elections,  Prime  Minister  Gyula  Horn's  Hungarian  Socialist  (formerly  Com- 
munist) Party  won  an  absolute  majority  and  formed  a  coalition  (jovemment  with 
the  Liberal  Alliance  of  Free  Democrats.  Four  parties,  ranging  from  moderate  to  con- 
servative, as  well  as  several  independent  members,  constitute  an  active  opposition 
in  Parliament. 

There  are  no  legal  impediments  to  women's  participation  in  government  or  the  po- 
litical process;  43  of  383  parliamentary  deputies  are  women.  There  are  few  women 
in  leadership  positions  in  the  Government  or  the  political  parties.  Several  minorities 
are  represented  in  Parliament,  including  one  Rom,  one  ethnic  German,  one  ethnic 
Slovak,  one  ethnic  Croat,  and  one  ethnic  Romanian. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Numerous  human  rights  organizations  operate  without  government  restriction  or 
interference.  Many  nongovernmental  organizations  (NGO's)  report  that  the  Govern- 
ment is  generally  responsive  to  their  requests  for  information.  However,  individual 
police  units  and  prosecutors  are  reportedly  uncooperative  at  times,  particularly  in 
cases  involving  Roma  or  police  abuses.  Some  NGO  s  also  reported  attempted  intimi- 
dation and  harassment  by  the  police.  There  is  also  an  active  20-member  parliamen- 
tary Committee  for  Human,  Minority,  and  Religious  Rights. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  individual  rights,  equality,  and  protection  against 
discrimination,  but  in  practice  discrimination  still  exists,  particularly  against  Roma. 

Women. — Spousal  abuse  is  believed  to  be  common,  but  the  vast  majority  of  such 
abuse  is  not  reported,  and  victims  who  step  forward  often  receive  little  help  from 
authorities.  While  there  are  laws  against  rape,  it  is  often  unreported  for  cultural 
reasons.  Police  attitudes  towards  victims  of  sexual  abuse  are  often  reportedly  un- 
sympathetic, particularly  if  the  victim  was  acquainted  with  her  aggressor.  New  laws 
entered  into  force  in  September  that  recognize  rape  within  marriage  as  a  crime  and 
increase  penalties  for  sex  crimes.  According  to  the  government  statistics  office,  there 
were  406  reported  rapes  in  1995  and  2,862  reported  cases  of  assaults  on  women; 


1119 

for  the  first  6  months  of  1996,  189  rapes  and  1,303  assaults  were  reported  (latest 
available  data). 

Legally,  women  have  the  same  rights  as  men,  including  identical  inheritance  and 
property  rights.  While  there  is  no  overt  discrimination  against  women,  the  number 
of  women  m  middle  or  upper  managerial  positions  in  business  and  government  is 
low.  Women  are  heavily  represented  in  the  judiciary  and  in  the  medical  and  teach- 
ingprofessions. 

The  law  does  not  prohibit  sexual  harassment  in  the  work  place.  A  1995  report 
prepared  under  the  auspices  of  the  U.N.  to  evaluate  compliance  with  the  Convention 
on  the  Elimination  of  Discrimination  Against  Women  termed  sexual  harassment  in 
the  woricplace  as  "virtually  epidemic."  Women's  groups  report  that  there  is  little 
support  for  efforts  to  crinunalize  sexual  harassment  and  that  harassment  is  toler- 
atea  by  women  who  fear  unemployment  more  than  harassment.  The  Government 
moved  to  address  women's  concerns  by  establishing  an  Office  of  Women's  Issues  in 
the  Ministry  of  Labor. 

Children. — The  Government  is  committed  to  children's  rights.  Education  is  man- 
datory through  16  years  of  age,  and  employment  is  illegal  below  the  age  of  16.  There 
is  no  societal  pattern  of  child  abuse,  although  NGO's  report  that  neglect  and  abuse 
are  common  in  state  care  facilities.  According  to  the  government  statistics  office, 
there  were  753  reported  cases  of  violence  against  children  in  1995,  100  of  which 
took  place  within  the  family.  For  the  first  6  months  of  1996,  331  crimes  against  chil- 
dren were  reported,  of  which  54  were  within  the  home  (latest  available  data). 

People  With  Disabilities. — Although  the  (Government  does  not  mandate  accessibil- 
ity to  buildings  or  government  services  for  people  with  disabilities,  a  September  de- 
cree requires  all  companies  that  employ  over  20  persons  to  reserve  5  percent  of  their 
jobs  for  the  physically  or  mentally  disabled,  with  fines  of  up  to  75  percent  of  the 
average  salary  paid  bv  the  company  for  noncompliance.  Services  for  the  disabled  are 
limitea,  and  most  buildings  are  not  wheelchair  accessible. 

Religious  Minorities. — 'There  were  a  few  anti-Semitic  incidents  of  damage  to  ceme- 
tery property.  In  May  the  local  government  paid  for  repairs  to  a  Jewish  cemetery 
vandalized  in  Balassagyarmat.  In  May  a  group  of  youths  shouted  anti-Semitic  slo- 
gans and  beat  a  Jewish  youth,  who  suuered  a  broken  nose  and  chin. 

In  the  first  conviction  under  a  1996  law  making  it  a  crime  to  incite  hatred  against 
a  community,  a  court  in  July  sentenced  neo-Nazi  politician  Albert  Szabo  to  1  year 
in  prison  for  delivering  an  anti-Semitic  speech  in  1996.  The  court  suspended  the 
sentence  and  placed  Szabo  on  parole  for  Syears. 

National / Racial/ Ethnic  Minorities. — The  1993  Law  on  Ethnic  and  Minority 
Rights  establishes  the  concept  of  collective  rights  of  minorities  and  states  that  mi- 
norities need  special  rights  in  order  to  preserve  their  ethnic  identities.  It  explicitly 
permits  organized  forms  of  limited  seli-govemment  in  areas  where  ethnic  groups 
constitute  a  majority  and  states  that  the  establishment  of  self-governing  Dodies 
must  be  made  possible  in  localities  where  an  ethnic  group  constitutes  less  than  a 
majority  of  the  population.  The  law  permits  associations,  movements,  and  political 
parties  based  upon  an  ethnic  or  national  character  and  mandates  the  unrestricted 
use  of  ethnic  languages.  Only  those  ethnic  groups  that  have  lived  within  the  coun- 
try's present  borders  for  at  least  100  years  ana  whose  members  are  citizens  may 
obtain  recognized  status  under  this  law. 

On  this  basis,  the  law  specifically  grants  minority  status  to  13  ethnic  or  national 
groups.  Other  groups  may  petition  the  Chairman  of  Parliament  for  inclusion  if  they 
include  at  least  1,000  citizens  and  have  their  own  language  and  culture. 

In  1994  the  first  elections  were  held  for  minority  local  self-government  entities, 
which  resulted  in  the  formation  of  over  600  minority  local  bodies.  The  number  grew 
in  1995  to  817  organizations,  of  which  477  are  Roma  groups.  With  funding  from  the 
central  budget  ($7.5  million  [1.5  billion  forints]  in  1997)  and  logistical  support  from 
local  governments,  these  bodies  have  as  their  primary  responsibility  influencing  and 
overseeing  local  matters  affecting  the  minorities.  In  1995  these  groups  elected  na- 
tional minority  self-government  bodies,  whose  effectiveness  has  varied  widely.  The 
non-Romani  minorities  appear  to  be  the  most  satisfied,  while  Romani  leaders  ex- 
press frustration  with  the  self-governments'  lack  of  clear  authority,  responsibility, 
or  resources.  These  entities'  greatest  value  is  that  they  provide  a  platform  for  mi- 
norities to  address  local  and  national  government  organizations;  their  greatest 
weakness  is  that  the  Government  is  compelled  to  listen,  but  not  to  act. 

In  1995  Parliament  appointed  an  Ombudsman — currently  an  ethnic  (Jerman — 
specifically  charged  with  defending  minority  rights. 

Roma  constitute  at  least  4  percent  of  the  population;  Crermans,  the  second  largest 
minority  group,  constitute  about  2  percent.  Smaller  communities  of  Slovaks,  Croats, 
Romanians,  Poles,  Greeks,  Serbs,  Slovenes,  Armenians,  Ruthenians,  and  Bul- 
garians, all  are  recognized  as  minorities. 


1120 

Education  is  available  to  varying  degrees  in  almost  all  minority  languages.  There 
are  minority-language  print  media,  and  the  state-run  radio  broadcasts  2-hour  daily 
programs  in  the  mother  tongue  of  major  nationalities,  i.e.,  Romani,  Slovak,  Roma- 
nian, German,  Croatian,  anof  Serbian.  State-run  television  carries  a  30-minute  pro- 
gram for  the  larger  minority  groups,  complemented  by  5-minute  weekly  news  bul- 
letins. And  the  newly-privatized  television  stations  also  carry  weekly  programs  for 
ethnic  minorities. 

Conditions  of  life  within  the  Romani  community  are  significantly  worse  than 
among  the  general  population.  Roma  suffer  from  discrimination  and  racist  attacks 
and  are  considerably  less  educated,  with  lower  than  average  incomes  and  life  ex- 
pectancy. The  Romani  unemployment  rate  is  estimated  to  be  60  to  85  percent,  over 
six  times  the  national  average  of  10.3  percent.  With  unemployment  benefits  ex- 
hausted and  social  services  stretched  thin,  Roma  often  coniront  desparate  situa- 
tions. 

Roma  continue  to  suffer  widespread  discrimination  in  education,  housing,  and  ac- 
cess to  public  institutions,  including  restaurants  and  pubs.  Discrimination  in  edu- 
cation was  highlighted  when  the  town  of  Tiszavasvari  held  separate  graduation  cele- 
brations in  June  for  Roma  and  non-Roma  high  school  students.  Local  authorities 
segregated  Roma  students  in  a  separate  school  from  non-Roma  for  12  years  because, 
local  officials  allege,  they  carry  lice  and  have  proportionately  more  learning  disabil- 
ities. Local  ofiicials  deny  any  discrimination;  tne  Glovemment  criticised  the  local  au- 
thorities, but  took  no  steps  to  correct  the  situation.  Roma  schools  are  more  crowded 
and  in  markedly  poorer  condition  than  those  attended  by  non-Roma.  The  Helsinki 
Committee  found  that  there  are  132  similarly  segregated  schools  throughout  the 
country. 

In  what  is  considered  a  landmark  case,  in  July  a  court  ordered  a  bar  owner  in 
the  city  of  Pecs  to  pay  a  $750  fine  and  take  out  newspaper  advertisement  apologiz- 
ing for  refusing  to  serve  a  Rom. 

Local  officials  have  in  some  cases  taken  advantage  of  rules  prohibiting  over- 
crowded, unsafe  or  unsanitary  housing,  or  punishing  nonpayment  of  utUity  tills  to 
evict  Roma  families  from  residences  without  providing  alternative  housing  as  the 
law  requires.  In  July  in  Satoraljaujhely,  the  local  government  ordered  the  expulsion 
of  two  Roma  families  for  disturbing  the  peace.  Central  government  officials  con- 
demned the  decree  but  did  not  move  to  overturn  it  (see  Section  l.d.). 

The  Government  sponsors  programs  both  to  preserve  Romani  languages  and  cul- 
tural heritage  and  to  assist  social  and  economic  assimilation.  There  is  a  Coordina- 
tion Council  for  Romani  Afl"airs  attached  to  the  Prime  Minister's  Office.  In  July  the 
Government  published  an  action  plan  designed  to  improve  living  conditions  in 
Romani  communities,  with  specific  focus  on  public  health,  education,  and  work 
training.  However,  the  plan  provides  no  additional  funds;  rather,  it  redistributes  al- 
ready inadequate  resources.  Widespread  popular  prejudice  against  Roma  nonethe- 
less continues.  Police  commonly  abuse  them  (see  Section  l.c). 

The  Helsinki  Committee  recorded  2  cases  of  skinhead  assaults  (one  against  a 
group  of  Roma,  the  other  against  an  Asian  student.)  According  to  press  reports,  a 
Sudanese  man  was  attacked  in  Budapest  by  four  skinheads  in  December.  The 
attackers  were  arrested  and  the  case  is  under  investigation.  Foreigners  of  color  re- 

Sorted  harassment  by  police  and  at  border  control  checkpoints.  The  Martin  Luther 
ang  Organization  (MLKO),  which  documents  assaults  on  nonwhites,  recorded  six 
such  incidents  in  the  first  half  of  1996,  a  higher  rate  of  assaults  than  the  total 
(seven)  for  1995  (latest  available  data).  MLKO  sources  believe  many  cases  go  unre- 
ported. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  1992  Labor  Code  recognizes  the  right  of  unions 
to  organize  and  bargain  collectively  and  permits  trade  union  pluralism.  Workers 
have  the  right  to  associate  freely,  choose  representatives,  publish  journals,  and 
openly  promote  members'  interests  and  views.  With  the  exception  of  military  per- 
sonnel and  the  police,  they  also  have  the  right  to  strike.  Under  a  separate  1992  law, 
public  servants  may  negotiate  working  conditions,  but  the  final  decision  on  increas- 
ing salaries  rests  with  Parliament. 

The  largest  labor  union  organization  is  the  National  Confederation  of  Hungarian 
Trade  Unions,  the  successor  to  the  former  monolithic  Communist  union,  with  over 
800,000  members.  The  Democratic  League  of  Independent  Unions  and  the  Federa- 
tion of  Workers'  Councils  have  approximately  250,000  and  150,000  members  respec- 
tively. 

There  are  no  restrictions  on  trade  union  contacts  with  international  organizations, 
and  unions  have  developed  a  wide  range  of  ties  with  European  and  international 
trade  union  bodies. 


1121 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Code  permits  col- 
lective bargaining  at  the  enterprise  and  industry  level,  although  the  practice  is  not 
widespread  and  is  actively  discouraged  in  the  growing  private  sector.  Labor  organi- 
zations appear  willing  to  cooperate  with  one  another,  and  this  is  particularly  evi- 
dent in  tneir  relationship  in  forums  such  as  the  National  Interest  Reconciliation 
Council  (ET),  which  provides  a  forum  for  tripartite  consultation  among  representa- 
tives from  management,  employees,  and  the  Government.  The  ET  discusses  issues 
such  as  wage  increases  and  the  setting  of  the  minimum  wage,  which  is  centraDy 
negotiated  within  the  ET  in  order  to  control  inflation.  Individual  trade  unions  and 
management  may  negotiate  higher  levels  at  the  plant  level.  The  Ministry  of  Labor 
is  responsible  for  drafting  labor-related  legislation,  while  special  labor  courts  enforce 
labor  laws.  The  decisions  of  these  courts  may  be  appealed  to  the  civil  court  system. 
Employers  are  prohibited  from  discriminating  against  unions  and  their  organizers. 
The  Ministry  of  Labor  enforces  this  provision. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 

fmlsory  labor,  including  that  performed  by  children,  and  the  Ministry  of  Labor  en- 
brces  this  prohibition. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 

Srohibits  forced  and  bonded  labor  by  children.  The  Labor  Code  forbids  labor  by  chil- 
ren  under  the  age  of  14,  and  regulates  labor  conditions  for  minors  (14  to  16  years 
of  age),  including  prohibitions  on  night  shifts  and  hard  physical  labor  and  guaran- 
teed overtime  payments.  The  National  Labor  Center  enforces  these  regulations  in 
practice,  and  there  does  not  appear  to  be  any  significant  abuse  of  this  statute.  Edu- 
cation is  compulsory  through  age  16.  Roma  are  far  more  likely  than  non-Roma  to 
stop  attending  school  before  age  16. 

e.  Acceptable  Conditions  of  Work. — The  ET  establishes  the  legal  minimum  wage, 
which  is  subsequently  implemented  by  Ministry  of  Labor  decree.  The  minimum 
wage,  $95  (14,500  Ft)  per  month,  is  insufficient  to  provide  an  adequate  standard  of 
living  for  a  worker  and  family.  Many  workers  supplement  their  primary  employ- 
ment with  second  jobs. 

The  Labor  Code  specifies  various  conditions  of  employment,  including  termination 
procedures,  severance  pay,  maternity  leave,  trade  union  consultation  rights  in  some 
management  decisions,  annual  and  sick  leave  entitlement,  and  labor  conflict  resolu- 
tion procedures.  Under  the  Code,  the  official  workday  is  set  at  8  hours;  it  may  vary, 
however,  depending  upon  the  nature  of  the  industry.  A  24-hour  rest  period  is  re- 
quired during  any  7-day  period. 

Labor  courts  and  the  Ministry  of  Labor  enforce  occupational  safety  standards  set 
by  the  Government,  but  specific  safety  conditions  are  not  generally  consonant  with 
internationally  accepted  standards.  The  enforcement  of  occupational  safety  stand- 
ards is  not  always  effective  in  part  due  to  the  limited  resources  the  Ministry  of 
Labor  is  able  to  commit  to  enforcement.  In  theory,  workers  have  the  right  to  remove 
themselves  from  dangerous  work  situations  without  jeopardy  to  continued  employ- 
ment. 


ICELAND 

Iceland  is  a  constitutional  republic  and  a  multiparty  parliamentary  democracy.  Its 
people  participate  in  high  percentages  in  regular,  free,  and  fair  elections  which  de- 
termine the  distribution  of  power  among  political  parties  and  leaders.  The  judiciary 
is  independent. 

Elected  officials  control  the  police  force,  which  scrupulously  observes  and  enforces 
the  laws  that  ensure  protection  of  human  rights. 

Iceland  has  a  mixed,  open  economy,  in  which  citizens  have  the  right  to  hold  pri- 
vate property.  It  provides  residents  with  a  high  standard  of  living.  The  leading  ex- 
port, marine  products,  accounts  for  almost  80  percent  of  export  revenues. 

The  Government  generally  respects  the  human  rights  of  its  citizens,  and  the  law 
and  judiciary  provide  effective  means  of  dealing  with  instances  of  individual  abuse. 
There  is  some  societal  discrimination  against  women,  which  the  Government  has 
begun  to  address. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 


1122 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Torture  and  other  cruel,  inhuman,  or  degrading  treatment  or  punishment  are  pro- 
hibited by  law  and  do  not  occur. 

Prison  conditions  are  good,  and  while  many  prisons  are  near  capacity,  the  Govern- 
ment is  actively  modernizing  and  expanding  existing  facilities. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention,  or  exile,  and  the  Government  observes  this  prohibition. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  and  law  provide  for  an  independ- 
ent judiciary,  and  the  Grovemment  respects  this  provision  in  practice. 

The  Ministry  of  Justice  administers  the  lower  court  system,  while  the  Supreme 
Court  guards  its  independence  and  fairness.  Juries  are  not  used,  but  multijudge 
panels  are  common,  especially  in  the  appeals  process.  All  judges,  at  all  levels,  serve 
for  life. 

The  judiciary  provides  citizens  with  a  fair  and  efficient  judicial  process.  Defend- 
ants are  presumed  innocent.  They  are  guaranteed  the  right  of  access  to  legal  coun- 
sel of  their  own  choosing  in  time  to  prepare  their  defense.  For  defendants  unable 
to  pay  attorneys'  fees,  the  State  assumes  the  cost.  Defendants  have  the  right  to  be 
present  at  their  trial,  to  confront  witnesses,  and  to  participate  otherwise  in  the  pro- 
ceedings. No  groups  are  barred  from  testifying,  and  all  testimony  is  treated  alike. 
Trials  are  public  and  are  conducted  fairly,  with  no  official  intimidation.  Defendants 
have  the  right  to  appeal. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices,  government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties.  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  respects  these  rights  in  practice.  An  inde- 
pendent press,  an  effective  judiciary,  and  a  functioning  democratic  political  system 
combine  to  ensure  freedom  of  speech  and  of  the  press,  including  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — Although  the  official  state  religion  is  Lutheranism,  the 
Constitution  provides  for  freedom  of  religion,  and  the  Government  respects  this 
right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice.  The  Government  cooperates  with  the  United  Nations  High 
Commissioner  for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  as- 
sisting refugees.  There  were  no  reports  of  forced  expulsion  of  those  having  a  valid 
claim  to  refugee  status.  The  issue  of  the  provision  of  first  asylum  did  not  arise  in 
1996.  In  addition  to  the  31  refugees  from  the  former  Yugoslavia  that  Iceland  accept- 
ed in  1996,  19  refugees  mostly  from  Croatia's  Krajina  region  were  settled  in  the 
southern  town  of  Hofn  in  August.  Local  government  authorities  have  played  a  major 
role  in  helping  the  refugees  adapt  to  their  new  environment,  including  providing 
Icelandic  language  classes  and  jobs. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage.  The  most  recent  elections  to  the 
Althingi  (unicameral  Parliament)  were  held  in  April  1995. 

There  are  no  legal  or  practical  impediments  to  women's  participation  in  govern- 
ment and  politics.  There  is  one  woman  in  the  cabinet.  There  is  an  active  feminist 
political  party,  the  Women's  List,  which  won  3  of  63  seats  in  the  1995  parliamentary 
elections. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  findings  on  human  rights  cases.  Government  officials 
are  generally  cooperative  and  responsive  to  their  views. 


1123 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  culture  of  the  ethnically  homogeneous  population  is  strongly  egalitarian  and 
opposed  to  discrimination  based  on  any  of  these  factors.  Government  legislation  and 
practice  generally  reflect  this  attitude. 

Women. — Increased  governmental  awareness  of  violence  against  women,  resulting 
from  extensive  media  coverage,  has  led  to  stiffening  of  sentencing  for  sex  offenders. 
The  tougher  sentencing  derives  from  improved  action  by  the  courts  in  more  strictly 
enforcing  existing  laws.  A  police  program  to  train  officers  in  correct  interrogation 
procedures  in  rape  and  sexual  abuse  cases  appears  to  be  addressing  prior  concerns 
that  police  indifference  and  hostility  to  female  victims  did  not  assure  victims  of  such 
abuses  proper  attention  and  consideration. 

There  is  a  public  women's  shelter  that  offers  protection  to  approximately  350 
women  and  200  children  per  year;  these  figures  are  virtually  unchanged  since  1995. 
There  is  also  a  rape  trauma  center  sponsored  and  operated  by  women's  organiza- 
tions; some  400  women  and  children  seek  assistance  annually.  Both  facilities  are 
funded  by  national  and  municipal  governments,  and  private  contributions.  The  Rey- 
kjavik City  Hospital  emergency  ward  has  an  all-female  staff  to  care  for  rape  victims. 
During  the  year  the  emergency  ward  reported  77  visits  associated  with  incidents  of 
rape  or  sexual  abuse,  71  by  women  ana  6  by  men.  Hospital  officials  estimate  that 
only  55  percent  of  these  victims  press  charges  and  only  a  handful  of  cases  actually 
go  to  trial,  attributing  this  to  fear  of  publicity  in  such  a  small,  tightly-knit  society. 

The  Women's  List  political  movement  and  the  female  Mayor  of  Reykjavik  have 
kept  women's  issues  in  the  forefront  of  public  debate.  While  major  political  institu- 
tions and  businesses  remain  male  dominated,  the  Government  is  taking  steps  to  en- 
force legislation  requiring  equal  pay  for  equal  work.  The  20  percent  gap  in  earnings 
between  men  and  women  in  comparable  jobs  narrowed  somewhat  nationally  but 
dropped  significantly  in  Reykjavik  to  10  to  15  percent. 

Since  1991  complaints  regarding  the  Equal  Ri^ts  Law  have  been  referred  to  a 
special  committee  under  the  Equal  Rights  Affairs  Office  of  the  Ministry  of  Social 
Affairs.  However,  the  committee  has  only  advisory  powers,  and  its  recommendations 
to  employers  do  not  have  the  force  of  law.  Few  complaints  are  made  to  the  commit- 
tee. 

Children. — The  Government  demonstrates  its  strong  commitment  to  children's 
rights  through  its  well-funded  systems  of  public  education  and  medical  care.  The 
Government  provides  free  prenatal  and  infant  medical  care,  as  well  as  heavily  sub- 
sidized children's  care.  Compulsory  education  ends  in  the  10th  grade.  About  85  per- 
cent of  students  continue  to  upper  secondary  education,  which  is  financed  com- 
pletely by  the  State.  In  1994  the  Government  created  the  Office  of  the  Children's 
Ombudsman  in  the  Prime  Ministry,  with  a  mandate  to  protect  children's  rights,  in- 
terests, and  welfare  by,  among  other  things,  exerting  influence  on  legislation,  gov- 
ernment decisions,  and  public  attitudes.  The  Parliament  ratified  the  Hague  Conven- 
tion on  Child  Abduction  which  entered  into  force  in  December.  This  action  is  ex- 
pected to  facilitate  the  handling  of  international  child  custody  cases. 

There  is  no  societal  pattern  of  abuse  directed  against  children. 

People  With  Disabilities. — Disabled  individuals  are  not  subject  to  discrimination 
in  employment,  education,  or  provision  of  other  state  services.  The  Government  has 
legislated  accessibility  to  public  buildings  for  the  disabled. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  make  extensive  use  of  the  right  to  establish 
organizations,  draw  up  their  own  constitutions  and  rules,  choose  their  own  leaders 
and  policies,  and  publicize  their  views.  The  resulting  organizations  are  controlled 
neither  by  the  Government  nor  by  any  single  political  party.  Unions  take  active  part 
in  Nordic,  European,  and  international  trade  union  todies.  With  the  exception  of 
limited  categories  of  workers  in  the  public  sector  whose  services  are  essential  to 

gublic  health  or  safety,  unions  have  had  and  used  the  right  to  strike  for  many  years. 
ome  76  j)ercent  of  all  eligible  workers  belong  to  unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — There  are  no  impediments  to 
union  membership  in  law  or  in  practice.  Virtually  all  unions  exercise  their  right  to 
bargain  collectively.  The  central  labor  and  management  organizations  periomcally 
ne^tiate  collective  bargaining  agreements  that  set  nationwide  standards  and  spe- 
cific terms  for  workers  pay,  work  hours,  and  other  conditions.  The  Government 
often  plays  a  role  in  the  negotiations,  and  sometimes  undertakes  commitments  in 
order  to  bring  the  two  sides  together.  Labor  courts  effectively  adjudicate  disputes 
over  contracts  and  over  the  rights  provided  for  in  the  1938  Act  on  Trade  Unions 
and  Industrial  Disputes,  which  prohioits  antiunion  discrimination. 


1124 

By  law,  employers  found  guilty  of  antiunion  discrimination  are  required  to  rein- 
state workers  fired  for  union  activities.  In  practice,  the  charges  are  difficult  to 
prove. 

In  1996  the  Parliament  passed  legislation  updating  the  labor  laws  and  bringing 
them  into  compliance  with  the  European  human  rights  convention. 

There  are  no  export  processing  or  other  special  economic  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor  is  pro- 
hibited by  law  and  does  not  occur.  The  law  prohibits  forced  and  bonded  labor  by 
children,  and  the  Government  enforces  this  prohibition  effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  law 

Erohibits  forced  and  bonded  labor  by  children  and  the  Government  enforces  this  pro- 
ibition  effectively  (see  Section  6.c.).  The  law  requires  children  to  attend  school  until 
the  age  of  16  years  and  prohibits  employment  of  children  under  that  age  in  fac- 
tories, on  ships,  or  in  other  places  that  are  hazardous  or  require  hard  labor.  This 
prohibition  is  observed  in  practice.  Children  14  or  15  years  old  may  be  employed 
part-time  or  during  school  vacations  in  light,  nonhazardous  work.  Their  work -hours 
must  not  exceed  the  ordinary  work -hours  of  adults  in  the  same  occupation.  The  Oc- 
cupational Safety  and  Health  Administration  enforces  child  labor  regulations. 

e.  Acceptable  Conditions  of  Work. — Although  there  is  no  minimum  wage  law, 
union  membership  is  so  extensive  and  effective  as  to  ensure  that  labor  contracts  af- 
ford even  the  lowest  paid  workers  a  sufficient  income  for  a  decent  standard  of  living 
for  themselves  and  their  families. 

Workers  are  protected  by  laws  that  effectively  ensure  their  health  and  safety  as 
well  as  provide  for  unemployment  insurance,  paid  vacations,  pensions,  and  reason- 
able working  conditions  and  hours.  The  standard  legal  workweek  is  40  hours.  Work 
exceeding  8  hours  in  a  workday  must  be  compensated  as  overtime.  Workers  are  en- 
titled to  10  hours  of  rest  within  each  24-hour  period  and  to  a  day  ofi"  every  week. 
Under  defined  special  circumstances  the  10-hour  rest  period  can  be  reduced  to  8, 
and  the  day  off  can  be  postponed  by  a  week,  in  which  case  the  worker  has  a  right 
to  2  additional  hours  ofi  in  tne  following  week. 

Health  and  safety  standards  are  set  by  the  Althingi  and  administered  and  en- 
forced by  the  Ministry  of  Social  Affairs  through  its  Occupational  Safety  and  Health 
Administration. 


IRELAND 

Ireland  is  a  parliamentary  democracy  with  a  long  tradition  of  orderly  transfer  of 
power.  The  Government  is  headed  by  a  President  and  a  Prime  Minister,  and  there 
is  a  bicameral  Parliament.  The  judiciary  is  independent. 

The  national  police  are  under  the  effective  civilian  control  of  the  Minister  of  Jus- 
tice and  have  sole  responsibility  for  internal  security.  Ireland's  principal  internal  se- 
curity concern  has  been  to  prevent  the  spillover  of  terrorist  violence  from  Northern 
Ireland.  The  Irish  Republican  Army's  (IRA)  declaration  of  a  cease-fire  on  July  19 
led  to  the  start  of  substantive  political  negotiations  between  key  parties  to  the  con- 
flict. 

Ireland  has  an  open,  market-based  economy  that  is  highly  dependent  on  inter- 
national trade.  It  is  a  large  net  recipient  of  funds  from  the  European  Union  (EU) 
designed  to  raise  per  capita  gross  national  product  to  the  EU  average.  Despite 
strong  economic  growth  over  the  past  few  years,  unemployment  remains  10.8  per- 
cent. 

The  Government  generally  respected  the  human  rights  of  its  citizens.  Human 
rights  problems  arise  primarily  from:  prison  overcrowding  and  substandard  facili- 
ties; instances  of  abuse  by  police  and  prison  officials;  the  continuation  of  special  ar- 
rest and  detention  authority  and  the  nonjury  court;  discrimination  and  violence 
against  women;  abuse  of  children;  the  occasional  censorship  of  films,  books,  and 

f)eriodicals;  discrimination  against  refugees;  and  a  lack  of  explicit  antidiscrimination 
egislation,  especially  in  relation  to  persons  with  disabilities  and  "travelers"  (an  itin- 
erant ethnic  community). 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 


1125 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  such  practices,  and  security  personnel  generally  did  not  employ 
them. 

While  mistreatment  of  persons  in  police  custody  is  not  widespread,  an  unspecified 
number  of  cases  have  been  filed  by  detainees  claiming  damages  for  injuries  sus- 
tained while  in  police  custody.  No  official  public  action  has  yet  been  taken  in  the 
case  of  two  persons  accused  of  murdering  a  police  officer  in  1996,  who  alleged  that 
they  had  been  severely  beaten  while  in  police  custody  and  who  appeared  in  court 
with  physical  injuries  consistent  with  their  allegations. 

Ireland  has  a  low  incarceration  rate  (76  inmates  per  100,000  population),  and  the 
prison  regime  is  generally  liberal.  However,  the  physical  infrastructure  of  many 

Srisons  is  barely  adequate:  facilities  are  plagued  by  chronic  overcrowding,  requiring 
oubling-up  in  many  single-person  cells.  Although  2  new  prisons  have  been  built, 
most  of  the  country's  14  prisons  are  very  old  buildings  that  were  originally  intended 
for  other  uses;  as  a  result,  many  cells  do  not  have  toilets  and  running  water.  The 
Government  is  in  the  process  of  upgrading  prison  facilities  to  improve  sanitary  con- 
ditions and  to  meet  statutory  health  and  safety  standards. 

According  to  the  Justice  Department,  no  cases  had  been  filed  against  the  State 
for  alleged  mistreatment  of  prisoners  as  of  October,  althou^  an  unspecified  number 
of  complaints  were  bein^  processed  by  individual  prison  governors. 

The  Government  contmued  to  arrest  and  incarcerate  at  Portlaoise  prison  persons 
involved  in  paramilitary  activity.  Conditions  for  these  inmates  are  the  same,  if  not 
better,  than  those  for  the  general  prison  population. 

The  Government  began  a  3-year  prison  construction  plan  to  build  800  new  cells 
and  a  new  women's  prison  annex  at  Mountjoy  prison. 

International  human  rights  monitors  are  permitted  to  visit  prisons  without  res- 
ervation. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  stipulates  that  no  per- 
son shall  be  deprived  of  personal  liberty  without  due  process  under  the  law.  A  de- 
tainee has  the  right  to  petition  the  High  Court,  which  is  required  to  order  release 
unless  it  can  be  shown  that  the  person  is  being  detained  in  accordance  with  the  law. 
Under  the  1984  Criminal  Justice  Act,  the  maximum  period  of  detention  for  ques- 
tioning in  most  cases  is  12  hours,  plus  a  possible  extension  of  8  hours  overnight  to 
allow  a  detainee  to  sleep. 

Detention  without  charge  is  permitted  for  up  to  48  hours,  however,  in  cases  cov- 
ered by  the  1939  Offenses  Against  the  State  Act.  This  act  allows  police  to  arrest 
and  detain  for  questioning  anyone  suspected  of  committing  a  "scheduled  offense," 
i.e.,  one  involving  firearms,  explosives,  or  membership  in  an  unlawful  organization. 
Although  the  stated  purpose  oi  the  act  is  to  "prevent  actions  and  conduct  calculated 
to  undermine  public  order  and  the  authority  of  the  state,"  it  is  not  restricted  to  sub- 
versive offenses.  Therefore,  the  police  have  broad  arrest  and  detention  powers  in 
any  case  involving  firearms.  However,  under  the  terms  of  the  decommissioning  law 
enacted  in  February  in  support  of  the  Northern  Ireland  peace  process,  proceedings 
may  not  be  instituted  agamst  persons  in  relation  to  any  offense  that  may  be  com- 
mitted in  the  course  of  decommissioning  illegally  held  arms  in  accordance  with  an 
approved  arms  decommissioning  scheme. 

The  act  also  provides  for  the  indefinite  detention,  or  internment,  without  trial  of 
any  person  who  is  engaged  in  activities  that  are  "prejudicial  to  the  preservation  of 
public  peace  and  order  or  to  the  security  of  the  state."  While  this  power  has  not 
been  invoked  since  the  late  1950's,  the  Government  could  do  so  by  simply  issuing 
a  proclamation.  There  are  no  provisions  for  the  1939  Offenses  Against  the  State  Act 
to  De  renewed;  it  continues  indefinitely. 

The  Criminal  Justice  (Drug  Trafficking)  Act  of  1996  permits  detention  without 
charge  for  up  to  7  days  in  cases  involving  drug  trafficking.  To  hold  a  suspected  drug 
trafficker  for  more  than  48  hours,  however,  the  police  must  seek  a  judge  s  approvaL 

Following  approval  in  1996  of  a  referendum  calling  for  stricter  bail  laws,  legisla- 
tion was  enacted  in  May  that  is  designed  to  allow  a  court  to  refuse  bail  to  a  person 
charged  with  a  serious  offense  where  it  is  reasonably  considered  necessary  to  pre- 
vent the  commission  of  a  serious  offense  by  that  person.  A  serious  offense  is  defined 
by  reference  to  a  schedule  of  offenses  contained  in  the  bill  and  must  be  one  that 
carries  a  j>enalty  of  5  years'  imprisonment  or  more.  However,  by  year's  end  the  Jus- 
tice Minister  had  not  signed  a  statutory  order  which  would  allow  the  courts  to  im- 
plement the  law's  provisions.  The  lack  of  accommodations  for  prisoners  was  cited 
as  the  reason  for  the  delay. 

The  authorities  do  not  impose  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides 
citizens  with  a  fair  and  efficient  judicial  process. 


1126 

The  judicial  system  includes  23  district  courts,  8  circuit  courts,  the  High  Court, 
the  Court  of  Criminal  Appeal,  and  the  Supreme  Court.  Judges  are  appointed  by  the 
President  on  the  advice  oi  the  Government. 

Most  criminal  cases  are  prosecuted  by  the  Director  of  Public  Prosecutions,  a  state 
official  with  semiautonomous  status.  Jury  trial  is  the  norm.  The  accused  generally 
may  choose  his  or  her  attorney.  For  indigent  defendants,  the  state  assumes  the  cost 
of  counsel. 

However,  the  Constitution  explicitly  allows  "special  courts'*  to  be  created  when 
"ordinary  courts  are  inadequate  to  secure  the  effective  administration  of  justice  and 
the  preservation  of  public  peace  and  order."  In  1972,  under  the  1939  Offenses 
Against  the  State  Act,  the  Government  set  up  a  nonjury  "Special  Criminal  Court" 
(SCC)  to  try  "scheduled  offenses"  (see  Section  l.d.).  Largely  a  reaction  to  the  spill- 
over of  paramilitary  violence  from  Northern  Ireland,  the  SCC  has  been  iustified  over 
the  years  as  addressing  the  problem  of  jury  intimidation  in  cases  involving  defend- 
ants with  suspected  paramilitary  links. 

Three  cases  were  completed  in  the  Special  Criminal  Court  between  January  and 
June,  and  13  cases  were  pending  as  of  October.  In  addition  to  "scheduled  offenses," 
the  Director  of  Public  Prosecutions  can  have  any  nonscheduled  offense  tried  by  the 
SCC  where  he  is  of  the  opinion  that  the  ordinary  courts  are  inadequate  to  secure 
the  effective  administration  of  justice  and  the  preservation  of  public  peace  and  order 
in  relation  to  a  trial  of  a  person  on  such  charges  and  so  certifies  in  writing. 

In  lieu  of  a  jury,  the  Special  Criminal  Court  always  sits  as  a  three-judge  panel. 
Its  verdicts  are  by  majority  vote.  Rules  of  evidence  are  essentially  the  same  as  in 
regular  courts,  except  that  the  sworn  statement  of  a  police  chief  superintendent 
identifying  the  accused  as  a  member  of  an  illegal  organization  is  accepted  as  prima 
facie  evidence.  Sessions  of  the  SCC  are  usually  public,  but  the  judge  may  exclude 
certain  persons  other  than  journalists.  Appeals  oi  SCC  decisions  are  allowed  in  cer- 
tain circumstances. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  Su- 
preme Court  has  affirmed  that,  although  not  specifically  provided  for  in  the  Con- 
stitution, the  inviolability  of  personal  privacy,  family,  and  home  must  be  respected 
in  law  and  practice.  This  ruling  is  fully  honored  by  the  Government. 

In  1996  the  High  Court  upheld  a  referendum  that  removed  the  ban  on  divorce. 
The  Government  enacted  implementing  legislation  allowing  courts  to  grant  divorces 
under  certain  circumstances. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  individuals  with  the 
right  to  "express  ireely  their  convictions  and  opinions. '  Freedom  of  the  press,  how- 
ever, is  subject  to  the  qualification  that  it  not  "undermine  public  order  or  morality 
or  the  authority  of  the  state."  Publication  or  utterance  of  "blasphemous,  seditious, 
or  indecent  matter"  is  prohibited.  While  the  press,  in  practice,  operates  freely,  the 
1961  Defamation  Act  (which  puts  the  onus  on  newspapers  and  periodicals  accused 
of  libel  to  prove  defamatory  words  are  true)  and  the  1963  Official  Secrets  Act  (which 
gives  the  State  wide  scope  to  prosecute  unauthorized  disclosures  of  sensitive  govern- 
ment information)  are  believed  to  result  in  some  self-censorship. 

Broadcasting  remains  mostly  state  controlled,  but  under  the  1988  Radio  and  Tele- 
vision Act,  private  sector  broadcasting  is  growing.  There  are  21  independent  radio 
stations,  and  negotiations  are  proceeding  wr  an  independent  television  station.  The 
Broadcasting  Complaints  Conmiission  oversees  standards  and  investigates  com- 
plaints about  programming.  The  1960  Broadcasting  Act  empowers  the  Government 
to  prohibit  the  state-owned  radio  and  television  network  from  broadcasting  any  mat- 
ter that  is  "likely  to  promote  or  incite  to  crime  or  which  would  tend  to  undermine 
the  authority  of  the  state."  It  was  on  this  basis  that  the  Government  banned  Sinn 
Fein  (the  legal  political  front  of  the  IRA)  from  the  airwaves  from  1971  to  1994. 

Films  and  videos  must  be  screened  and  classified  by  the  Office  of  the  Film  Censor 
before  they  can  be  shown  or  sold.  Distributors  must  pay  a  fee  of  about  11  cents  (7 
Irish  pence)  per  foot  of  film,  which  is  used  to  finance  the  censor's  office.  Under  the 
1923  Censorship  of  Films  Act,  the  censor  has  the  authority  to  cut  or  ban  any  film 
that  is  "indecent,  obscene  or  blasphemous"  or  which  tends  to  "inculcate  principles 
contrary  to  public  morality  or  subversive  of  public  morality."  No  films  were  banned 
in  1997.  Decisions  of  the  censor  can  be  appealed  to  a  nine-member  appeal  board, 
but  neither  the  censor  nor  the  appeal  board  is  required  to  hear  arguments  or  evi- 
dence in  public  or  to  state  the  reasons  for  its  decisions. 

Books  and  periodicals  are  also  subject  to  censorship.  The  1946  Censorship  of  Pub- 
lications Act  calls  for  a  five-member  board  to  examine  publications  referred  to  it  by 
the  customs  service  or  a  member  of  the  general  public.  It  can  also  examine  books 


1127 

or  periodicals  on  its  own  initiative.  The  board  can  prohibit  the  sale  of  any  publica- 
tion that  it  judges  to  be  indecent  or  obscene.  In  1997  the  board  banned  at  least  24 
books  and  90  periodicals,  compared  with  46  books  and  43  periodicals  in  1996. 
Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  citi- 
zens with  the  right  to  "assemble  peaceably  and  without  arms"  and  to  lorm  associa- 
tions and  unions.  However,  it  also  allows  the  State  to  "prevent  or  control  meetings" 
that  are  calculated  to  cause  a  breach  of  the  peace  or  to  be  a  danger  or  nuisance 
to  the  general  public.  Under  the  1939  Offenses  Against  the  State  Act,  it  is  unlawful 
to  hold  any  public  meeting  on  behalf  of,  or  in  support  of,  an  illegal  organization. 
Although  the  Government  prosecutes  and  incarcerates  persons  for  mere  membership 
in  a  terrorist  organization,  it  allows  meetings  and  assemblies  by  some  groups  that 
are  associated  with  illegal  terrorist  organizations. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  does  not  hamper  the  teaching  or  practice  of  any  faith.  Even  though  Ire- 
land is  overwhelmingly  Roman  Catholic,  there  is  no  state  religion.  However,  almost 
all  primary  and  secondary  schools  are  denominational,  managed  and  controlled  by 
the  Catholic  Church.  Religious  instruction  is  an  integral  part  of  the  curriculum,  but 
there  are  provisions  for  parents  to  exempt  their  children  from  such  instruction. 
There  is  no  widespread  discrimination  against  nontraditional  religious  groups. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  is  complete  freedom  of  movement  within  the  country,  as  well  as 
freedom  to  engage  in  foreign  travel,  emigration,  and  voluntary  repatriation. 

The  Government  approved  a  new  remgee  law  in  1996  but,  except  for  provisions 
relating  to  the  Dublin  Convention  of  1990,  which  harmonizes  European  Union  (EU) 
asylum  procedures,  it  has  not  been  implemented.  Under  provisions  of  the  Conven- 
tion, persons  who  arrive  in  Ireland  from  another  EU  state  and  claim  asylum  are 
to  be  returned  to  the  EU  state  from  which  they  arrived  to  make  their  claim.  Ireland 
implements  its  obligations  under  the  1951  United  Nations  (U.N.)  Convention  Relat- 
ing to  the  Status  of  Refugees  on  an  administrative  basis.  Specific  administrative 
procedures  for  the  determination  of  refugee  status  were  drawn  up  in  consultation 
with  the  U.N.  High  Commissioner  for  Refugees;  in  1992  the  Supreme  Court  ruled 
that  these  procemires  were  binding  on  the  Minister  of  Justice.  However,  as  the 
number  of  asylum  seekers  has  increased  (from  only  31  in  1990  to  nearly  3,000  in 
the  first  9  months  of  1997),  these  administrative  procedures  have  proved  inad- 
equate. In  particular  there  have  been  complaints  of  long  delays  and  a  lack  of  trans- 
parency in  decisions  concerning  refugee  status.  There  is  an  estimated  backlog  of 
4,000  asylum  cases.  The  issue  of  the  provision  of  first  asylum  did  not  arise  in  1997; 
nor  were  there  reports  of  the  forced  return  of  persons  to  a  country  where  they  feared 
persecution.  Allegations  of  racism  in  dealing  with  asylum  seekers  sparked  a  public 
debate  on  immigration  (see  Section  5). 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitutional  requirement  that  parliamentary  elections  be  held  at  least 
every  7  years  has  always  been  met.  Suffrage  is  universal  for  citizens  over  the  age 
of  18,  and  balloting  is  secret.  Several  political  parties  have  seats  in  the  bicameral 
Parliament.  Members  of  the  Dail  (House  of  Representatives) — the  chamber  that  car- 
ries out  the  main  legislative  functions — are  popularly  elected;  in  the  Seanad  (Sen- 
ate), some  members  are  elected  and  some  are  appointed  by  various  bodies.  The 
President  is  popularly  elected  for  a  7-year  term  and  is  limited  to  2  terms.  An  ap- 
pointed Council  of  State  serves  as  an  advisory  body  to  the  President. 

Women  are  underrepresented  in  government  and  politics.  Although  a  woman  is 
president,  only  20  of  the  166  deputies  in  the  Dail  and  8  of  the  60  senators  are 
women.  Three  of  the  15  government  ministers  are  women,  as  are  2  of  the  17  junior 
ministers.  There  are  3  women  on  the  20-member  High  Court;  only  1  of  the  8  Su- 
preme Court  judges  is  a  woman.  While  women  participate  in  all  departments  of 
Government,  they  are  underrepresented  at  senior  levels. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  sieged  Violations  of  Human  Rights 
The  principal  independent  organization  monitoring  domestic  human  ri^ts  prob- 
lems, the  Irish  Council  for  Civil  Liberties  (ICCL),  operates  generally  without  hin- 
drance from  the  Government.  However,  with  regard  to  allegations  of  mistreatment 
of  two  suspects  held  in  connection  with  the  murder  of  a  police  officer  in  1996,  the 
ICCL  indicated  in  a  report  issued  jointly  with  British  Irish  Rights  Watch  in  July 
that  its  efTorts  to  investigate  these  allegations  did  not  receive  the  cooperation  of  the 
police  authorities.  The  ICCL  report  saia  that  "this  incident  raises  serious  questions 


45-909    98-37 


1128 

about  the  attitude  of  the  Garda  (police)  authorities  toward  bona  fide  humtin  rights 
organizations  investigating  allegations  of  human  rights  abuses  in  the  Republic  of 
Ireland."  The  ICCL  report  requested  the  Irish  Government  to  set  up  a  "fully  inde- 
pendent incjuiry,  headed  by  a  judge  and  with  hidi  court  powers  to  summon  and 
question  witnesses,  to  investigate  the  treatment  of  persons  arrested  in  Limerick  fol- 
lowing Garda  Mccabe's  murder."  The  Minister  of  Justice  told  the  Dail  in  December 
that,  while  he  would  not  be  prepared  to  tolerate  any  abuse  of  persons  in  custody, 
it  would  not  be  appropriate  to  take  any  action  on  the  allegations  pending  completion 
of  the  murder  trials. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution,  as  amended,  forbids  state  promotion  of  one  religion  over  an- 
other and  discrimination  on  the  grounds  of  religious  profession,  belief,  or  status.  Ex- 
cept as  regards  employment,  however,  neither  the  Constitution  nor  the  law  prohibits 
discrimination  on  the  basis  of  disability,  race,  sex,  language,  or  social  status. 

To  address  these  and  other  shortcomings  in  civil  law,  the  Government  in  1993  cre- 
ated the  Department  of  Equality  and  Law  Reform,  whose  responsibilities  were  fold- 
ed into  the  Department  of  Justice  in  1997.  An  equal  status  law  and  an  employment 
equality  law  drafted  by  the  Department  were  passed  by  the  Dail  in  1997  but  were 
ruled  unconstitutional  by  the  Supreme  Court. 

Women. — A  government  task  force  on  violence  against  women  issued  its  report  in 
April.  The  task  force  concluded  that  the  problem,  in  particular  domestic  violence, 
is  widespread  and  that  many  women  believe  that  existing  services  are  incapable  of 
responding  to  their  needs  in  trying  to  deal  with  violence  in  relationships.  The  task 
force  found  that  many  women  believe  that  the  legal  and  court  systems  minimize  the 
seriousness  of  crimes  committed  against  women,  fail  to  dispense  justice,  and  make 
women  feel  at  fault  for  what  happened.  The  task  force  cited  a  need  to  compile  more 
accurate  and  comprehensive  statistics  on  the  nature  and  extent  of  the  problem,  and 
issued  a  series  of  recommendations  that  are  under  government  review. 

The  task  force  found  that  only  a  small  number  of  rape  cases  are  ever  reported 
to  the  police  and  that  an  even  smaller  number  lead  to  criminal  proceedings.  Accord- 
ing to  the  Dublin  Rape  Crisis  Center,  while  crime  generally  fell  over  the  18  months 
to  June,  the  level  of  reported  rapes  continued  to  rise.  The  Center  received  6,270 
calls  between  June  1996  and  May  1997  and  concluded  that  there  was  disquieting 
evidence  that  rape  and  sexual  assaults — by  their  very  number  and  frequency — were 
duUing  the  response  of  the  public  at  large.  The  Center  estimated  that  only  28  per- 
cent of  rape  victims  report  the  crime  to  police  and  that  only  2  percent  of  these  cases 
resulted  in  convictions  in  1996.  A  1990  act  criminalized  rape  within  marriage  and 
provided  for  free  legal  advice  to  the  victim.  There  are  12  women's  refuges  in  the 
country,  funded  in  part  by  the  Government,  with  accommodation  for  about  50  fami- 
lies. 

Discrimination  against  women  in  the  workplace  is  unlawful,  but  inequalities  per- 
sist regarding  pay  and  promotions  in  both  the  public  and  the  private  sectors. 
Women  hold  about  37  percent  of  public-sector  jobs.  Working  women  are  also  ham- 
pered by  the  lack  of  adequate  child  care  facilities.  The  Maternity  Protection  Act  was 
passed  in  1994,  providing  a  woman  14  weeks  of  maternity  leave  and  the  right  to 
return  to  her  job.  The  Anti-Discrimination  (Pay)  Act  of  1974  and  the  Employment 
Equality  Act  of  1977  provide  for  protection  and  redress  against  discrimination  based 
on  gender  and  marital  status.  The  Employment  Equality  Agency  monitors  their  im- 
plementation. The  number  of  cases  brought  to  the  agency  has  fallen  in  recent  years, 
out  progress  in  eliminating  the  differential  in  earnings  has  been  modest.  In  1997 
the  hourly  industrial  wage  for  women  was  about  70  percent  of  that  received  by  men, 
and  weekly  earnings  of  women  averaged  69  percent  of  the  weekly  pay  of  men. 

Children. — The  Government  is  committed  to  the  welfare  and  rights  of  children, 
as  demonstrated  by  its  ongoing  implementation  of  the  1991  Child  Care  Act.  Edu- 
cation is  compulsory  for  children  6  to  15  years  of  age.  Among  other  things,  the  act 
places  a  statutory  duty  on  government  health  boards  to  identify  and  help  children 
who  are  not  receiving  adequate  care  and  gives  the  police  increased  powers  to  remove 
a  child  from  the  family  wnen  there  is  an  immediate  and  serious  risk  to  health  or 
welfare.  The  Minister  of  State  (junior  minister)  for  Health  has  special  responsibility 
for  children's  policy,  including  implementation  of  the  Child  Care  Act.  The  Status  of 
Children  Act  of  1987  abolished  tne  concept  of  illegitimacy  and  provided  for  equal 
rights  for  children  in  all  legal  proceedings. 

Sexual  abuse  of  children  continued  to  receive  significant  media  attention,  with  al- 
most daily  reports  involving  cases  of  incest  or  pedophilia.  The  Dublin  Rape  Crisis 
Center  reported  that  53  percent  of  contacts  with  its  crisis  line  involved  child  sexual 


1129 

abuse.  The  Government  has  sought  to  strengthen  procedures  for  reporting  child 
abuse  but  has  refrained  from  enacting  a  mandatory  reporting  requirement. 

People  With  Disabilities. — An  estimated  15  percent  of  the  adult  population  have 
a  disability;  80  percent  of  those  are  unemployed.  There  is  currently  no  legislation 
to  protect  f>ersons  with  disabilities  from  discrimination  in  employment  or  m  other 
matters  or  to  improve  their  access  to  buildings  or  transportation.  Few  public  or  pri- 
vate buildings  have  facilities  for  people  with  disabilities.  The  Government  is  study- 
ing the  recommendations  of  the  report  issued  in  1996  by  the  Commission  on  the 
Status  of  People  with  Disabilities.  Following  the  Supreme  Court's  ruling  that  the 
employment  equality  bill  was  unconstitutional,  the  Government  stated  that  it  plans 
to  introduce  new  employment  equality  legislation. 

National  / Racial  / Ethnic  Minorities. — There  are  some  25,000  nomadic  people  in 
Ireland  who  regard  themselves  as  a  distinct  ethnic  group  called  "travelers,  roughly 
analogous  to  the  Roma  of  continental  Europe.  The  "traveling"  community  has  its 
own  history,  culture,  and  lan^age.  The  travelers'  emphasis  on  self-employment  and 
the  extended  family  distinguish  tnem  from  the  rest  oi  Irish  society.  In  1991  a  Euro- 
pean Parliament  committee  reported  that  in  Ireland,  "the  single  most  discriminated 
against  ethnic  group  is  the  'traveling  people.'"  That  remained  true  in  1997. 

Travelers  are  regularly  denied  access  to  premises,  goods,  facilities,  and  services; 
many  restaurants  and  pubs,  for  example,  have  a  policy  of  not  serving  them.  Despite 
national  school  rules  that  provide  that  no  child  may  be  refused  admission  on  ac- 
count of  social  position,  travelers  frequently  experience  difficulties  in  enrolling  their 
children  in  school.  Sometimes  they  are  segregated  into  all-traveler  classes.  Of  an  es- 
timated 4,000  traveler  families,  about  1,000  live  on  roadsides  or  on  temporary  sites 
without  toilets,  electricity,  or  washing  facilities. 

The  equal  status  bill  passed  by  the  Dail  would  have  prohibited  discrimination 
against  travelers,  among  other  categories  of  people,  but  it  did  not  take  effect,  as  it 
was  ruled  unconstitutional  by  the  Supreme  Court. 

Under  new  procedures  designed  to  respond  to  a  large  influx  of  asylum  seekers — 
nearly  3,000  by  the  end  of  September — more  than  500  persons  were  refused  entry 
and  returned  to  the  United  Kingdom.  Advocates  for  refugees  and  other  immigrants 
claimed  that  nonwhite  persons  were  disproportionately  singled  out  under  the  new 
port  controls.  The  influx  of  asylum  seekers,  some  of  whom  were  migrating  for  eco- 
nomic reasons,  sparked  a  public  debate  over  how  open  society  is  to  new  immigrants 
and  triggered  isolated  racist  incidents. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  right  to  join  a  union  is  provided  for  by  law,  as 
is  the  right  to  refrain  from  joining.  About  55  percent  of  workers  in  the  private  and 

fiublic  sectors  are  members  of  unions.  Police  and  military  personnel  are  prohibited 
rom  striking,  but  they  may  form  associations  to  represent  themselves  in  matters 
of  pay,  working  conditions,  and  general  welfare.  The  right  to  strike  is  freely  exer- 
cised in  both  the  public  and  private  sectors.  The  Industrial  Relations  Act  of  1990 
prohibits  retribution  against  strikers  and  union  leaders;  the  Government  effectively 
enforces  this  provision  through  the  Department  of  Enterprise  and  Employment.  In 
1997  the  number  of  industrial  disputes  and  the  number  oi  work  days  lost  "by  strikes 
declined  from  1996.  The  Irish  Congress  of  Trade  Unions  (ICTIJ)  represents  65 
unions  in  the  Republic  of  Ireland  and  Northern  Ireland.  Both  the  ICTU  and  the 
unions  afflliated  with  it  are  independent  of  the  Government  and  of  the  political  par- 
ties. Unions  may  freely  form  or  join  federations  or  confederations  and  afliliate  with 
international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Labor  unions  have  full  free- 
dom to  organize  and  to  engage  in  collective  bargaining.  The  Anti-Discrimination 
(Pay)  Act  of  1974  and  the  Employment  Equality  Act  of  1977  make  the  Employment 
Equality  Agency  responsible  for  oversight  of  allegations  of  antiunion  discrimination. 
If  the  Agency  is  unable  to  effect  resolution,  the  dispute  goes  before  the  Labor  Court, 
which  consists  of  one  representative  each  for  the  employer  and  the  union,  plus  an 
independent  chairperson.  The  Unfair  Dismissals  Act  of  1977  provides  various  forms 
of  relief  in  cases  oi  employers  found  guilty  of  antiunion  discrimination,  including  the 
reinstatement  of  workers  fired  for  union  activities. 

Most  terms  and  conditions  of  employment  are  determined  through  collective  bar- 
gaining, in  the  context  of  a  national  economic  pact  negotiated  every  3  years  by  the 
social  partners,"  i.e.,  representatives  of  unions,  employers,  farmers,  and  the  Gov- 
ernment. A  3-year  agreement  negotiated  among  the  social  partners  in  1996,  entitled 
"Partnership  2000,"  remains  in  eifect. 

The  Industrial  Relations  Act  of  1990  established  the  Labor  Relations  Commission, 
which  provides  advice  and  conciliation  services  in  industrial  disputes.  The  Commis- 
sion may  refer  unresolved  disputes  to  the  Labor  Court,  which  may  recommend 


1130 

terms  of  settlement  and  may  set  up  joint  employer-union  committees  to  regulate 
conditions  of  employment  and  minimum  wages  in  a  specific  trade  or  industry. 

There  is  an  export  processing  zone  at  Shannon  airport  with  the  same  labor  laws 
as  the  rest  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  and  bonded  labor,  includ- 
ing that  performed  by  children,  is  prohibited  by  law  and  does  not  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — By  law 
children  are  required  to  attend  school  until  the  age  of  15.  Under  the  terms  of  the 
Protection  of  Young  Persons  Act,  which  took  effect  in  1997,  employers  may  not  em- 
ploy those  under  the  age  of  16  in  a  regular  full-time  job.  Employers  may  hire  14- 
or  15-year-olds  for  light  work  on  school  Holidays,  as  part  of  an  approved  work  expe- 
rience or  educational  program,  or  on  a  part-time  basis  during  the  school  year  (for 
children  over  the  age  of  15  only).  The  act  gives  effect  to  international  rules  on  the 
protection  of  young  workers  drawn  up  by  the  ILO  and  the  EU;  it  sets  rest  intervals 
and  maximum  working  hours,  prohibits  the  employment  of  18-year-olds  for  late 
night  worit,  and  requires  employers  to  keep  specified  records  for  their  workers  who 
are  under  18  years  of  age.  The  law  prohibits  forced  and  bonded  child  labor,  and  the 
Government  enforces  this  prohibition  effectively  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — There  is  no  general  minimum  wage  law,  but 
there  are  several  minimum  rates  of  pay  applicable  to  specific  industrial  sectors, 
mainly  those  with  lower-than-average  wages.  Although  the  lowest  of  these  minimum 
wages  is  not  sufficient  to  provide  a  decent  living  for  a  family  of  four,  low-income 
fainilies  are  entitled  to  additional  benefits  such  as  subsidized  housing  and  children's 
allowances. 

The  standard  workweek  is  39  hours.  Working  hours  in  the  industrial  sector  are 
limited  to  9  hours  per  day  and  48  hours  per  week.  Overtime  is  limited  to  2  hours 
per  day,  12  hours  per  week,  and  240  hours  in  a  year.  The  Department  of  Enterprise 
and  Employment  is  responsible  for  enforcing  four  basic  laws  dealing  with  occupa- 
tional safety  that  provide  adequate  and  comprehensive  coverage.  No  significant  com- 
plaints arose  from  either  labor  or  management  regarding  enforcement  of  these  laws. 
Recent  regulations  provide  that  employees  who  find  themselves  in  situations  that 
present  a  "serious,  imminent  and  unavoidable  risk"  may  leave  without  the  employer 
being  able  to  take  disciplinary  action. 


ITALY 


Italy  is  a  longstanding,  multiparty  parliamentary  democracy.  Executive  authority 
is  vested  in  the  Council  of  Ministers,  headed  by  the  President  of  the  Council  (the 
Prime  Minister).  The  Head  of  State  (the  President  of  the  Republic)  nominates  the 
Prime  Minister  after  consulting  with  leaders  of  all  political  forces  in  Parliament. 
Parliament  was  elected  in  free  and  democratic  elections  in  April  1996.  The  judiciary 
is  independent,  but  critics  complain  that  some  judges  are  politicized. 

The  armed  forces  are  under  the  control  of  the  government  and  Parliament.  Four 
separate  police  forces  report  to  different  ministerial  or  local  authorities.  Under  ex- 
ceptional circumstances,  the  government  may  call  on  the  army  to  provide  security. 
The  army  supports  the  police  in  general  guard  duties  in  the  region  of  Sicily  and  in 
the  province  of  Naples,  both  areas  with  high  levels  of  organized  crime,  thus  freeing 
the  police  for  investigative  and  related  activities.  There  were  a  number  of  credible 
reports  that  some  members  of  the  security  forces  committed  abuses. 

Italy  has  an  advanced,  industrialized  market  economy,  and  the  standard  of  living 
is  high.  Small  and  midsized  companies  employ  some  70  to  80  percent  of  the  work 
force.  Major  products  include  machinery,  textiles,  apparel,  transportation  equip- 
ment, and  food  and  agricultural  products.  The  government  owns  a  substantial  num- 
ber of  enterprises  in  finance,  communications,  industry,  transportation,  and  serv- 
ices, but  privatization  is  moving  forward  at  a  measured  pace. 

The  Government  generally  respected  the  human  rights  of  its  citizens.  The  law  and 
the  judiciary  generally  provide  effective  means  of  dealing  with  instances  of  individ- 
utd  abuse.  However,  there  were  problems  in  some  areas.  There  continued  to  be  re- 
ports of  police  abuse  of  detainees.  Prisons  are  overcrowded,  and  the  pace  of  justice 
remains  slow.  Societal  discrimination  against  women,  abuse  of  children,  and  dis- 
crimination and  sporadic  violence  against  immigrants  and  other  foreigners  are  prob- 
lems. The  Government  is  taking  steps  to  combat  violence  against  women.  There 
were  some  reports  of  child  labor  in  the  underground  economy. 


1131 

RESPECT  FOR  HUMAN  RIGHTS 
Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

The  case  against  two  Turin  police  officers  tried  on  manslaughter  charges  for  alleg- 
edly beating  a  suspect  to  death  after  his  arrest  in  1993  came  to  an  end  \n  December 
1996,  when  the  Turin  Appeals  Court  upheld  a  lower  court  decision  absolving  the  of- 
ficers. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  torture  and  cruel  or  degrading  punishment.  However,  there  have 
been  some  reports  of  abuse  by  police.  Anmesty  International  (AI),  the  United  Na- 
tions Human  Rights  Commission  (UNHRC),  the  United  Nations  (U.N.)  Committee 
Against  Torture,  the  U.N.  Special  Rapporteur  on  Torture,  and  the  Council  of  Eu- 
rope's Committee  for  the  Prevention  oi  Torture  (CPT)  reported  instances  in  which 
police  abused  detainees,  commonly  at  the  time  of  arrest  or  during  the  first  24  hours 
in  custody,  before  detainees  saw  an  attorney  or  a  judicial  authority.  Examples  of 
mistreatment  include  insults,  particularly  those  aimed  at  aliens  or  Roma,  kicking, 
punching,  beatings  with  batons,  or  deprivation  of  food.  A  high  proportion  of  these 
cases  involve  non-European  Union  immigrants  (mostly  Africans),  Roma,  and  persons 
held  in  connection  witn  drug-related  offenses.  T^e  U.N.  Committee,  the  UNHRC, 
the  U.N.  Special  Rapporteur  on  Torture,  and  Caritas  expressed  concern  over  a  pos- 
sible trend  towards  racism.  Amnesty  International  (AI),  the  UNHRC  and  the  U.N. 
Committee  noted  that,  although  authorities  routinely  investigate  complaints  of  mis- 
treatment in  detention,  some  of  the  investigations  lack  thoroughness.  The  U.N. 
Committee  and  the  UNHRC  also  questioned  whether  appropriate  sanctions  were 
imposed  on  those  found  guilty.  Italy  has  ratified  all  of  tne  principal  international 
instruments  prohibiting  torture  and  cruel,  inhuman,  or  degrading  treatment  or  pun- 
ishment, but  the  CPT  and  the  UNHRC  recommended  that  the  authorities  take  more 
effective  steps  to  safeguard  detainees  and  inmates  from  treatment.  The  CPT's  first 
visit  to  Italian  prisons  was  in  1992.  Further  visits  took  place  in  1995  and  1996,  but 
only  the  report  on  the  1995  visit  was  available  by  the  end  of  the  year.  In  the  report, 
the  CPT  called  on  the  Government  to  provide  more  formal  training  for  prison 
guards,  highlighting  the  rights  of  detainees,  and  for  improvements  in  the  investiga- 
tion of  complaints  by  prisoners.  AI  reported  several  specific  instances  of  mistreat- 
ment by  law  enforcement  and  prison  officers.  One  involved  the  alleged  beating  and 
verbal  abuse  of  the  driver  of  a  car  by  police  officers  acting  as  bodyguards  for  a  judge 
in  Sicily.  The  driver  filed  a  complaint  against  the  police,  but  a  prosecutor,  after  re- 
viewing the  case,  recommended  that  charges  not  oe  filed  against  the  police.  This 
recommendation  is  under  review.  In  1996  AI  reported  that  an  Italian  citizen  of  Ni- 
gerian origin  filed  a  complaint  with  the  courts  claiming  that  she  had  been  beaten 
by  two  police  officers,  who  had  asked  her  for  her  identity  documents.  Court  hearings 
into  this  complaint  are  underway.  The  case  of  the  Ghanian  citizen  resident  in  Den- 
mark who  reportedly  was  beaten  by  police  at  the  Rome  airport  in  1995  was  referred 
to  the  Rome  prosecutor's  office.  There  is  no  information  regarding  an  investigation. 

In  June  the  press  published  reports  of  alleged  episodes  of  torture  of  Somalis,  in- 
cluding sexual  abuse,  the  use  of  electrical  shocks,  and  beatings,  by  Italian  para- 
troopers during  the  international  peacekeeping  efforts  in  Somalia  in  1993.  The  Gov- 
ernment launched  investigations  into  the  charges  by  both  military  and  judicial  au- 
thorities. Some  of  these  investigations  are  still  underway;  some  found  wrongdoing 
but  not  of  an  institutional  nature.  Two  generals  temporarily  resigned.  A  number  oT 
officers  and  men  were  disciplined,  and  investigations  that  could  lead  to  charges 
against  some  continued  at  year's  end. 

Prison  standards  meet  minimal  international  standards.  However,  despite  the 
construction  of  new  prison  space,  the  prison  population  exceeds  the  maximum  capac- 
ity of  the  prisons  by  some  15  percent.  In  some  cases,  the  number  of  inmates  is  two 
or  three  times  greater  than  capacity.  Overcrowding  creates  problems  of  poor  sanita- 
tion and  strains  medical  services,  so  much  so  that  it  was  noted  as  a  negative  factor 
by  the  CPT  in  its  report  on  prison  conditions  after  a  visit  in  1992  (published  in 
1995).  AIDS  is  a  major  problem,  although  the  law  allows  judges  to  release  prisoners 
whose  detention  would  prevent  access  to  appropriate  treatment  or  endanger  the 
health  of  other  inmates.  According  to  data  from  the  Interior  Ministry's  prison  ad- 
ministration, about  4  percent  of  the  total  prison  population  is  HIV  positive.  There 
were  36  suicides  in  prison  as  of  the  end  of  July,  compared  with  45  during  1996. 

Allegations  continued  of  the  abuse  ofprisoners  by  guards.  In  1994  the  Naples  ju- 
diciary committed  to  trial  71  prison  officials  of  the  Secondigliano  prison,  including 
the  chief  warden,  on  charges  of  mistreating  some  300  inmates  in  1993.  Two  trials. 


1132 

one  involving  65  of  the  defendants  and  another  involving  6  were  still  in  progress 
at  year's  end. 

The  Government  permits  the  independent  monitoring  of  prison  conditions  by  par- 
liamentarians, local  human  rights  groups,  the  media,  and  other  organizations. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — In  response  to  public  concern  over  the 
excessive  use  of  preventive  or  investigative  detention,  Parliament  passed  a  law  in 
1995  clarifying  that  preventive  detention  can  be  imposed  only  as  a  last  resort,  or 
if  there  is  clear  and  convincing  evidence  of  a  serious  offense,  such  as  crimes  involv- 
ing the  Mafia,  or  those  related  to  drugs,  arms,  or  subversion.  In  these  cases,  a  maxi- 
mum of  2  years  of  preliminary  investigation  is  permitted.  Except  in  extraordinary 
situations,  preventive  custody  is  not  permitted  for  pregnant  women,  single  parents 
of  children  under  3  years  of  age,  persons  over  70  years  of  age,  or  those  who  are  seri- 
ously ill.  Preventive  custody  can  be  imposed  only  for  crimes  punishable  by  a  maxi- 
mum sentence  of  not  less  than  4  years. 

Detainees  are  allowed  prompt  and  regular  access  to  lawyers  of  their  choosing  (al- 
though occasional  lapses  in  this  general  rule  have  been  alleged)  and  to  family  mem- 
bers. If  detainees  are  indigent,  the  State  provides  a  lawyer.  The  preliminary  hearing 
judge's  interrogation  of  an  accused  person  must  be  conducted  within  5  days,  or  the 
defendant  must  be  released.  Interrogation  by  a  magistrate  of  a  person  in  custody 
must  be  recorded  on  video  or  audio  tape,  or  the  statements  cannot  be  utilized  in 
any  proceedings.  The  prosecutor  is  required  to  include  in  his  request  for  preventive 
detention  all  evidence  favorable  to  the  accused.  In  addition  the  defense  may  present 
any  favorable  evidence  directly  to  the  court. 

There  is  no  provision  for  bail,  but  judges  may  grant  provisional  liberty  to  suspects 
awaiting  trial.  As  a  safeguard  against  unjustified  detention,  panels  of  judges  ("lib- 
erty tribunals  ")  review  cases  of  persons  awaiting  trial  and  decide  whether  contin- 
ued detention  is  warranted.  Despite  these  measures,  as  of  mid  year,  42  percent  of 
inmates  were  in  prison  awaiting  either  trial  or  the  outcome  of  an  appeal,  rather 
than  because  they  had  been  finally  sentenced.  The  Constitution  and  law  provide  for 
restitution  in  cases  of  unjust  detention. 

Punishment  by  exile  abroad  is  not  practiced,  and  the  law  prohibits  domestic  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides 
citizens  with  a  fair  and  efficient  judicial  process. 

There  are  three  levels  of  courts.  The  lower  level  has  three  separate  tracks:  praetor 
Courts  for  offenses  punishable  by  monetary  fines  or  imprisonment  for  not  more  than 
4  years;  a  Court  of  Assizes  for  crimes  punishable  by  prison  terms  of  more  than  24 
years;  and  a  Tribunal  Court  for  offenses  falling  between  the  jurisdiction  of  the  first 
two.  The  Assizes  Court  of  Appeals  hears  appeals  from  all  three  tracks.  Decisions  at 
this  level  can  be  further  appealed  to  the  highest  level,  the  Court  of  Cassation  in 
Rome. 

The  law  mx)vides  for  trials  to  be  fair  and  public,  and  the  authorities  observe  these 

})rovisions.  The  law  grants  defendants  the  presumption  of  innocence.  Trials  are  pub- 
ic, and  defendants  nave  access  to  an  attorney  sufficiently  in  advance  to  prepare  a 
defense.  Defendants  can  confront  witnesses.  All  government-held  evidence  is  nor- 
mally made  available  to  defendants  and  their  attorneys.  Defendants  can  appeal  ver- 
dicts to  the  highest  appellate  court. 

Cumbersome  procedures  slow  the  pace  of  justice.  The  average  waiting  period  for 
trials  is  about  18  months.  The  Code  of  Criminal  Procedure  that  took  effect  in  1989 
sought  to  streamline  the  process,  but  it  has  not  produced  substantial  improvement. 
Since  1991  public  prosecutors  have  conducted  sweeping  investigations  of  corrup- 
tion among  the  political  and  economic  elites  and  in  the  judiciary.  These  inquiries 
continue  and  enjoy  public  support.  However,  there  are  critics  who  complain  that 
some  investigating  magistrates  are  occasionally  influenced  by  political  or  other  in- 
terests in  choosing  targets  of  inquiry,  or  sometimes  fail  to  show  adequate  respect 
for  the  ri^ts  of  suspects  by,  for  example,  making  excessive  use  of  preventive  deten- 
tion (see  Section  l.d.). 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
safeguards  the  privacy  of  the  home,  and  the  authorities  respect  this  provision. 
Searches  and  electronic  monitoring  may  be  carried  out  only  under  judicial  warrant 
and  in  carefully  defined  circumstances.  Violations  are  subject  to  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  freedom  of  speech  and  the 
press,  and  the  Government  respects  these  rights  in  practice.  An  independent  press, 
an  eftective  judiciary,  and  a  functioning  democratic  political  system  combine  to  en- 
sure freedom  of  speech  and  of  the  press,  including  academic  freedom. 


1133 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  GJovemment  does  not  re- 
strict the  right  of  peaceful  assembly,  including  protests  against  government  policies, 
except  in  cases  where  national  security  or  public  safety  is  at  risk.  Permits  are  not 
required  for  meetings,  but  organizers  of  public  demonstrations  must  notify  the  po- 
lice in  advance.  Professional  and  employer  associations  organize  and  operate  freely. 
While  allowing  general  freedom  of  association,  the  Constitution  and  law  prohibit 
clandestine  associations,  those  that  pursue  political  aims  through  force,  that  incite 
racial,  ethnic,  or  religious  discrimination,  or  that  advocate  fascism. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religions  and 
the  Government  respects  this  right.  The  Government  subsidizes  the  Roman  Catholic 
Church,  the  Adventist  Church,  and  the  Assemblies  of  God  by  allowing  taxpayers  to 
elect  to  designate  a  fixed  percentage  of  their  tax  payment  to  one  or  another  of  these. 
In  1997  Parliament  passed  a  law  extending  these  subsidies  to  the  Lutheran  and 
Jewish  denomination.  In  1993  the  Buddhist  community  applied  for  the  same  fund- 
ing, but  the  Government  has  not  yet  responded. 

Roman  Catholic  religious  instruction  is  offered  in  public  schools  as  an  optional 
subject.  Those  students  who  do  not  want  to  attend  the  "hour  of  religion"  may  take 
an  alternative  course. 

Nontraditional  religious  groups  are  free  to  follow  their  beliefs  and  proselytize  pro- 
vided they  respect  public  order  and  general  moral  standards.  In  August  the  Su- 
preme Court  reversed  a  lower  court  decision  that  Scientology  was  not  a  bona  fide 
religion,  ruling  that  the  definition  of  religion  applied  was  unconstitutional. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  and  law  provide  for  these  rights,  and  the  Government 
respects  them  in  practice.  Citizens  who  leave  are  guaranteed  the  right  to  return. 
The  Constitution  forbids  deprivation  of  citizenship  for  political  reasons. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees.  It  provides  first 
asylum  for  refugees  fleeing  hostilities  or  natural  disasters,  for  example.  In  these 
cases  the  refugees  are  granted  temporary  residence  permits  that  must  be  renewed 
periodically  and  that  carry  no  guarantee  of  future  permanent  residence.  220,000  for- 
eigners living  irregularly  in  Italy,  including  would-be  asylum  seekers,  were  able  to 
obtain  residence  and  work  permits  in  1996  as  a  result  of  a  1995  amnesty  decree. 
As  of  mid-year,  the  number  of  refugees  present  in  Italy,  largely  of  Balkan  origin, 
increased  to  62,500  because  of  the  continuing  difficulties  in  the  former  Yugoslavia 
and  the  unrest  in  Albania.  The  Government  also  provides  political  asylum,  often  for 
permanent  residence,  and  107  such  permits  were  granted  as  of  mid-year,  compared 
with  a  total  of  175  for  all  of  1996.  There  were  no  reports  of  forced  expulsion  of  any 
person  having  a  valid  claim  to  refugee  status. 

In  December  the  Government  began  closing  the  camps  housing  refugees  who  fled 
Albania  earlier  in  the  year.  The  Government  acted  after  ascertaining  that  sufficient 
civil  authority  was  restored  in  Albania  and  after  the  International  Committee  for 
the  Red  Cross  determined  that  there  was  no  longer  a  humanitarian  emergency 
there. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage. 

There  are  no  restrictions  in  law  on  women's  participation  in  government  and  poli- 
tics. Fewer  women  than  men,  however,  are  office  holders:  women  held  3  of  23  cabi- 
net positions,  24  of  325  Senate  seats,  and  69  of  630  seats  in  the  Chamber  of  Depu- 
ties. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  wide  variety  of  human  rights  groups  operate  without  government  restriction, 
investigating  and  publishing  their  findings  on  human  rights  cases.  Government  ofii- 
cials  are  generally  cooperative  and  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 
The  law  prohibits  discrimination  on  the  basis  of  race,  sex  (except  with  regard  to 
hazardous  work — see  below),  religion,  ethnic  background,  or  political  opinion  and 
provides  some  protection  against  discrimination  based  on  disability,  language,  or  so- 
cial status.  However,  societal  discrimination  persists  to  some  degree. 


1134 

Women. — Legislation  to  protect  women  from  physical  abuse,  including  from  mem- 
bers of  their  family,  was  updated  and  strengthened  in  1996.  The  law  treats  spousal 
rape  the  same  as  any  other  rape. 

Media  reports  of  violence  against  women  are  common.  Telefono  Rosso,  a  promi- 
nent nongovernmental  organization,  in  a  1996  survey  detected  a  slight  increase  in 
reports  of  beatings  and  rape  but  a  slight  decline  in  reports  of  sexual  harassment. 

Law  enforcement  and  court  officials  are  not  reluctant  to  bring  perpetrators  of  vio- 
lence against  women  to  justice,  but  victims  sometimes  do  not  press  charges  due  to 
fear,  shame,  or  ignorance  of  the  law.  The  new  legislation  passed  in  February  makes 
the  prosecution  of  perpetrators  of  violence  against  women  easier  and  shields  women 
who  have  been  objects  of  attack  from  publiaty.  The  Government  provides  a  hot  line 
through  which  abused  women  can  obtain  legal,  medical,  and  other  assistance.  The 
city  01  Milan  maintains  a  clinic  served  by  40  doctors  to  provide  free  medical  assist- 
ance to  abused  women  and  minors.  Women's  associations  also  maintain  several  shel- 
ters for  battered  women. 

The  media  report  cases  of  trafficking  in  women,  often  involving  forced  prostitu- 
tion. The  women  (as  well  as  their  exploiters)  are  usually  illegal  immigrants  and  are 
therefore  reluctant  to  contact  the  police.  Nevertheless,  the  police  have  been  able  to 
make  arrests  on  several  occasions  using  the  charge  of  profiting  from  or  exploiting 
the  prostitution  of  others. 

A  number  of  government  offices  work  to  ensure  women's  rights.  The  Prodi  Gov- 
ernment createa  a  new  cabinet-level  position,  the  Office  of  Minister  for  Equal  Op- 
portunity, and  named  a  woman  to  this  position.  In  addition  there  is  an  Equal  Op- 
portunity Commission  the  Office  of  the  Prime  Minister.  Another  such  commission 
IS  in  the  Labor  Ministry  and  focuses  on  discrimination  and  women's  rights  in  the 
workplace.  The  Labor  Ministry  has  a  counselor  who  deals  with  these  problems  at 
the  national  level,  and  similar  officials  serve  with  regional  and  provincial  govern- 
ments. Many  of  tnese  counselors,  however,  have  limited  resources  for  their  work. 

Some  laws  intended  to  protect  women  from  hazardous  work  keep  them  out  of  jobs 
such  as  night  shifts  or  underground  work  in  mines,  quarries,  or  tunnels.  Maternity 
leave,  introduced  to  benefit  women,  does  add  to  the  cost  of  employing  them,  with 
the  result  that  employers  sometimes  find  it  advantageous  to  hire  men  instead. 

Women  generally  receive  lower  salaries  than  men  for  comparable  work.  They  are 
underrepresented  in  many  fields,  such  as  management  or  the  professions  (women, 
for  example,  account  for  only  25  percent  of  magistrates  and  only  10  percent  of  police 
officers).  Women  experience  unemployment  more  frequently  than  men. 

While  the  law  does  not  specifically  prohibit  sexual  harassment,  labor  agreements 
covering  broad  sectors  of  the  economy,  in  both  the  private  and  public  sectors,  do  con- 
tain clauses  that  address  the  problem. 

Women  enjoy  legal  equality  with  men  in  marriage,  property,  and  inheritance 
rights. 

Many  NGO's  actively  and  effectively  promote  women's  rights.  Most  are  affiliated 
with  labor  unions  or  political  parties. 

Children. — The  Government  demonstrates  a  strong  commitment  to  children's 
rights  and  welfare.  It  signed  the  European  Convention  on  the  Exercise  of  the  Rights 
oi  Minors  on  January  25.  In  September  it  launched  an  extensive  study  of  the  living 
conditions  of  minors  to  serve  as  a  data  base  for  policies  to  improve  their  situation. 
In  August  Parliament  passed  a  law  aimed  at  helping  shield  children  from  dangerous 
situations  and  encouraging  them  to  attend  school.  The  major  objective  of  the  law 
is  child  welfare  but  it  also  is  connected  with  government  efforts  to  banish  child  labor 
(see  Section  6.d.).  Boys  and  girls  enjoy  equal  access  and  treatment  with  regard  to 
education,  health,  and  other  government  services. 

Schooling  is  compulsory  for  children  from  the  age  of  7  to  14.  The  dropout  rate  is 
high,  especially  in  junior  and  senior  high  school.  In  1995  on  average  only  56  stu- 
dents graduated  from  senior  high  school  of  each  100  who  enrolled  in  primary  school 
19  years  earlier. 

'The  abuse  of  children  is  a  societal  problem  Telefono  Azzurro,  an  NGO  that  main- 
tains a  toll-free  hot  line  for  cases  of  child  abuse,  received  an  average  of  800  calls 
a  day  during  1996  and  in  the  first  3  months  of  1997.  From  all  of  these  calls,  follow- 
up  services  were  required  in  1,425  cases  in  1996  and  437  cases  in  the  first  3  months 
of  1997.  Social  workers  counsel  abused  children  and  are  authorized  to  take  action 
to  protect  them. 

People  With  Disabilities. — The  law  forbids  discrimination  against  disabled  persons 
in  employment,  education,  or  in  the  provision  of  state  services.  The  law  requires  en- 
terprises with  more  than  35  employees  to  hire  the  disabled  to  staff  15  percent  of 
their  work  force,  directs  that  public  buildings  be  made  accessible  to  persons  with 
disabilities,  and  stipulates  a  number  of  specific  rights  for  the  disabled.  Compliance 
with  these  requirements,  however,  is  still  incomplete. 


1135 

National  / Racial  / Ethnic  Minorities. — Immigrants  and  other  foreigners  face  soci- 
etal discrimination.  Some  are  subjected  to  physical  attack.  Roma  encounter  difficul- 
ties finding  places  for  their  groups  to  stay.  The  city  of  Rome  opened  six  camps  for 
them  and  launched  a  program  of  compulsory  schooling  for  Roma  children. 

The  Forum  of  Foreign  Communities  continues  its  work  on  behalf  of  immigrants 
and  foreign  residents.  It  maintains  a  hot  line  to  report  incidents  of  violence  against 
foreigners.  Other  NGOs,  such  as  Caritas,  provide  a  broad  range  of  assistance  to  im- 
migrants throughout  the  country. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  provides  for  the  right  to  establish  trade 
unions,  join  unions,  and  carry  out  union  activities  in  the  woricplace.  Some  40  per- 
cent of  the  work  force  is  organized.  Trade  unions  are  free  of  government  controls 
and  no  longer  have  formal  ties  with  political  parties.  The  right  to  strike  is  embodied 
in  the  Constitution  and  is  frequently  exercised.  A  1990  law  restricts  strikes  affecting 
essential  public  services  such  as  transport,  sanitation,  and  health.  Unions  associate 
freely  with  international  trade  union  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  provides  for 
the  right  oi  workers  to  organize  and  bargain  collectively,  and  these  rights  are  re- 


spected in  practice.  Bv  custom  (though  not  by  law),  national  collective  bargaining 
greements  apply  to  all  workers  regardless  of  union  affiliation. 
The  law  pronibits  discrimination  by  employers  against  union  members  and  orga- 


nizers. It  requires  employers  who  have  more  than  15  employees  and  who  are  found 
guilty  of  antiunion  discrimination  to  reinstate  any  workers  affected.  In  firms  with 
less  than  15  workers,  an  employer  must  state  the  grounds  for  firing  a  union  em- 
ployee in  writing.  If  a  judge  deems  these  grounds  spurious,  he  can  order  the  em- 
ployer to  reinstate  or  compensate  the  worker. 
There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor,  including  that  performed  by  children,  and  it  does  not  occur. 

d.  Status  of  Child  l2ibor  Practices  and  Minimum  Age  for  Employment. — The  law 
forbids  forced  or  bonded  labor  involving  children,  and  such  practices  do  not  occur 
(see  Section  6.c.).  The  law  also  forbids  employment  of  children  under  15  years  of 
age  (with  some  limited  exceptions).  There  are  also  specific  restrictions  on  employ- 
ment in  hazardous  or  unhealthful  occupations  for  males  under  age  18,  and  females 
under  age  21.  The  enforcement  of  minimum  age  laws  is  effective  only  outside  the 
extensive  "underground"  economy.  The  leader  of  the  largest  union  put  the  number 
of  child  laborers  at  300,000. 

In  addition  to  their  legal  obligations,  the  government,  labor,  and  business  volun- 
teered in  a  January  1996  pact  to  mobilize  against  exploitation  of  child  labor  at  home 
and  abroad. 

The  August  law  aimed  at  helping  shield  children  from  dangerous  situations  and 
encouraging  them  to  attend  school  is  the  first  step  in  the  Government's  plan  to 
strengthen  support  for  children  and  is  connected  with  government  efforts  to  banish 
child  labor  (see  Section  5). 

e.  Acceptable  Conditions  of  Work. — Minimum  wages  are  not  set  by  law  but  rather 
by  collective  bargaining  agreements.  These  specify  minimum  standards  to  which  in- 
dividual employment  contracts  must  conform.  When  an  employer  and  a  union  fail 
to  reach  agreement,  courts  may  step  in  to  determine  fair  wages  on  the  basis  of  prac- 
tice in  comparable  activities  or  agreements. 

A  law  enacted  in  June  reduced  the  legal  workweek  to  40  hours  from  48.  Most  col- 
lective agreements  provide  for  a  36-  to  38-hour  workweek.  Overtime  may  not  exceed 
2  hours  a  day  or  an  average  of  12  hours  per  week. 

The  law  sets  basic  health  and  safety  standards  and  guidelines  for  compensation 
for  on-the-job  injuries.  European  Union  directives  on  health  and  safety  nave  also 
been  incorporated  into  the  law;  some  provisions  have  already  taken  effect  and  oth- 
ers will  be  phased  in  during  1997.  Labor  inspectors  are  from  local  health  units  or 
from  the  Ministry  of  Labor.  They  are  few  in  numbers,  given  the  scope  of  their  re- 
sponsibilities. Courts  impose  fines  and  sometimes  prison  terms  for  violation  of 
health  and  safety  laws.  Workers  have  the  right  to  remove  themselves  from  dan- 
gerous work  situations  without  jeopardy  to  their  continued  employment. 


KAZAKHSTAN 

The  Constitution  of  Kazakhstan  concentrates  power  in  the  presidency.  President 
Nursultan  Nazarbayev  is  the  dominant  political  figure.  The  Constitution,  adopted 


1136 

in  1995  in  a  referendum  marred  by  irregularities,  permits  the  President  to  legislate 
by  decree  and  dominate  the  legislature  and  judiciary;  it  cannot  be  changed  or 
amended  without  the  President's  consent.  Presidential  elections  originally  scheduled 
for  1996  did  not  take  place,  as  President  Nazarbayev's  term  in  office  was  extended 
to  2000  in  a  separate  1995  referendum,  also  marred  by  irregularities.  Under  the 
1995  Constitution,  Parliament's  powers  are  more  limited  than  previously.  However, 
members  of  Parliament  have  the  right  to  introduce  legislation.  During  the  Par- 
liament's first  full  session,  deputies  orafled  19  bills  for  consideration.  The  judiciary 
remained  under  the  control  of  the  President  and  the  executive  branch.  The  lack  of 
an  independent  judiciary  made  it  difficult  to  root  out  corruption,  which  was  perva- 
sive throughout  the  Government. 

In  October  as  part  of  a  larger  government  reorganization,  the  law  enforcement 
community  was  restructured.  The  Committee  for  National  Security  (the  KNB,  suc- 
cessor to  the  KGB)  is  responsible  for  counterintelligence  and  law  enforcement  activi- 
ties on  the  national  level.  A  new  external  intelligence  service,  Barlau  (the  Kazakh 
word  for  intelligence),  was  created  to  supervise  overseas  operations.  Both  report  di- 
rectly to  the  President.  The  Ministry  of  Internal  affairs  supervises  the  criminal  po- 
lice who  are  poorly  paid  and  widely  believed  to  be  corrupt.  The  State  Committee 
for  Investigations  (GSK),  a  federal  investigative  and  law  enforcement  agency  estab- 
lished in  1995,  was  dissolved.  Its  functions  were  divided  between  the  Interior  Min- 
istry and  the  KNB.  The  KNB  continued  efforts  to  legitimize  its  role  by  focusing  on 
activities  to  combat  terrorism  and  organized  crime.  Members  of  the  security  forces 
committed  human  rights  abuses. 

Kazakhstan  is  rich  in  natural  resources,  chiefly  petroleum  and  minerals.  The  Gov- 
ernment has  made  significant  progress  toward  a  market-based  economy  since  inde- 
pendence. After  a  5-year  decline,  overall  production  began  to  increase  in  1996.  The 
Government  has  been  successful  in  stabilizing  the  local  currency  (tenge),  slowing  in- 
flation, and  improving  structural  reforms.  The  agricultural  sector,  traditionally  ac- 
counting for  over  one-third  of  national  employment  and  production,  has  been  slow 
to  privatize.  The  Government  successfully  privatized  most  small-  and  medium-size 
firms,  and  is  working  to  privatize  large-scale  industrial  complexes,  particularly  in 
the  oil  and  gas  sector.  However,  living  standards  for  many  citizens  continue  to  de- 
cline. According  to  several  surveys,  up  to  35  percent  of  citizens  live  below  the  gov- 
ernment-defined poverty  line  of  $50  per  month. 

The  Government  generally  respected  the  human  rights  of  its  citizens  in  some 
areas,  but  serious  problems  remain  in  others.  Democratic  institutions  are  weak.  The 
Government  infringed  on  citizens'  right  to  change  their  government.  The  legal  struc- 
ture, including  the  Constitution  adopted  in  1995,  does  not  fully  safeguard  human 
rights.  Members  of  the  security  forces  often  beat  or  otherwise  abused  detainees,  and 
harsh  prison  conditions  continued  to  deteriorate.  There  were  allegations  of  arbitrary 
arrest,  and  prolonged  detention  is  a  problem.  The  judiciary  remains  under  the  con- 
trol of  the  President  and  the  executive  branch,  and  corruption  is  deeply  rooted.  The 
Government  infringed  on  citizens'  rights  to  privacy.  The  (jovernment  generally  tol- 
erates independent  media,  although  the  media  practiced  self-censorsnip,  and  the 
Government  maintained  control  of  most  printing  presses  and  facilities.  Freedom  of 
assembly  was  sometimes  restricted.  Some  organizers  of  unsanctioned  demonstra- 
tions were  arrested  and  fined  or  imprisoned.  Freedom  of  association,  while  generally 
respected,  was  sometimes  hindered  by  complicated  and  controversial  registration  re- 
quirements for  organizations  and  political  parties  that  restrict  this  right.  Domestic 
violence  against  women  remained  a  problem.  There  was  discrimination  against 
women,  the  disabled,  and  ethnic  minorities.  The  (jovemment  discriminated  in  favor 
of  ethnic  Kazakhs.  The  Government  tried  to  limit  the  influence  of  independent  trade 
unions,  both  directly  and  through  its  support  for  state-sponsored  unions,  and  mem- 
bers of  independent  trade  unions  were  harassed. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings. 

There  were  credible  reports  that  a  few  detainees  died  due  to  mistreatment  during 
interrogation  by  the  security  forces  (see  Section  I.e.).  In  January  according  to  the 
Russian  Center  (an  ethnic  Russian  political  movement),  a  young  man  taken  into 
custody  for  public  drunkenness  was  killed  while  in  detention  in  Almaty.  The 
Kazakhstan  International  Bureau  on  Human  Rights  (formerly  the  Kazakhstan- 
American  Bureau  on  Human  Rights)  reported  that  in  February  a  man  who  was 
taken  into  custody  for  public  drunkenness  was  beaten  to  death  while  in  custody  in 


1137 

Talgar.  In  July  the  press  reported  that  the  GSK  officer  responsible  was  convicted 
of  murder  and  sentenced  to  9  years  in  prison. 

In  May  a  chief  of  criminal  investigations  in  the  State  Committee  for  Investiga- 
tions in  Zhaimbyl,  who  was  charged  with  the  death  of  a  detainee  under  his  authority 
in  December  1995,  was  sentenced  to  15  years  in  prison.  In  September  the  verdict 
and  sentence  were  upheld  by  the  Supreme  Court. 

The  Government  acknowledged  that  more  than  a  thousand  inmates  died  due  to 
disease,  mainly  tuberculosis,  aggravated  by  harsh  prison  conditions  and  inadequate 
medical  treatment  (see  Section  I.e.).  Human  rights  monitors  believe  that  the  total 
was  more  than  twice  this  number. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  states  that  "no  one  must  be  subject  to  torture,  violence  or  other 
treatment  and  punishment  that  is  cruel  or  humiliating  to  human  dignity."  However, 
there  were  creoible  reports  that  police  beat  or  treated  detainees  abusively  to  obtain 
confessions.  Human  rights  observers  report  that  detainees  are  sometimes  choked, 
handcuffed  to  radiators,  or  have  plastic  oags  placed  over  their  heads  to  force  them 
to  divulge  information.  Training  standards  for  fx)lice  are  very  low  and  individual 
law  enforcement  officials  are  often  poorly  supervised.  In  June  opposition  leader 
Madel  Ismailov  alleged  that  he  was  deprived  oi  sleep,  forced  to  stand  for  hours,  and 
housed  in  substandard,  crowded  conditions  after  he  was  arrested  for  organizing  an 
unauthorized  demonstration  against  a  government  decision  to  approve  a  hike  in 
electricity  rates  (see  Section  2.b.). 

There  are  credible  reports  that  a  few  detainees  died  as  a  result  of  mistreatment 
during  police  interrogations  in  January  and  February  (see  Section  l.a.). 

Petr  Svoik,  one  of  the  leaders  of  the  political  opposition  movement  Azamat,  al- 
leged that  government  authorities  arranged  for  four  unidentified  assailants  to  break 
into  his  hotel  room  in  Bishkek,  Kyrgyzstan  on  December  1  and  beat  him  with  clubs 
as  a  warning  to  Azamat  after  he  organized  an  unsanctioned  November  30  dem- 
onstration. Svoik  reportedly  suffered  minor  injuries,  none  of  which  required  medical 
attention.  Official  government  comments  expressed  sympathy  for  Svoik  as  a  victim 
of  violence  and  President  Nazarbayev  asked  the  Minister  of  Internal  Affairs  to  work 
with  Kyrgyz  authorities  to  find  Svoik's  assailants.  No  arrests  have  been  made  in  the 
case  (see  Section  l.d.). 

Army  personnel  subjected  conscripts  to  brutal  hazing,  including  beatings  and 
verbal  abuse.  In  August  the  military  Prosecutor  General  estimated  that  one  oT  every 
nine  crimes  in  the  army  was  concealed  by  senior  military  commanders.  He  reported 
that  there  were  60  cases  of  death  due  to  mistreatment  in  the  army  in  1996;  as  of 
April,  20  cases  of  death  due  to  mistreatment  had  been  reported. 

Prison  conditions  were  harsh  and  continued  to  deteriorate,  due  to  diminishing  re- 
sources. In  1996  the  Minister  of  Interior  noted  that  $64.3  million  (4.5  billion  tenge) 
was  needed  to  support  the  prison  population,  but  only  $37.1  million  (1.9  billion 
tenge)  was  allocated  by  the  (Government.  The  Kazakhstan  International  Bureau  for 
Human  Rights  estimated  that  the  same  amount  would  be  needed  to  support  the 
prison  population  in  1997,  but  that  again  only  45  to  50  percent  of  that  amount 
would  be  allocated  by  the  Government— about  $33.3  million  (2.5  billion  tenge).  The 
Government  allocated  $37.7  million  (2.6  billion  tenge)  for  prisons  in  1997  and  $68 
million  (5.1  billion  tenge)  for  prisons  in  1998.  The  (jovemment,  however,  faced  a 
large  budget  deficit,  and  it  was  uncertain  whether  the  prisons  would  actually  re- 
ceive the  money  allocated  in  the  budget.  In  July  the  Ministry  of  Interior  reported 
that  there  were  68,000  persons  in  prison  and  another  15,000  in  detention  in  facili- 
ties designed  to  hold  60,000.  Local  numan  rights  activists  agreed  with  the  (govern- 
ment's figures.  In  October  the  press  reported  that  10  prisoners  in  a  maximum  secu- 
rity prison  in  Aktyubinsk  cut  open  their  stomachs  to  protest  the  prison  administra- 
tion's refusal  to  abolish  separate  zones  for  different  categories  of  prisoners.  The  pris- 
oners also  demanded  the  dismissal  of  the  prison's  administration  and  improvement 
of  conditions  in  the  prison. 

Overcrowding,  combined  with  an  inadequate  prison  diet  and  a  lack  of  medical 
supplies  and  personnel,  contributed  to  tuberculosis,  hepatitis,  and  other  diseases.  In 
July  the  Government  reported  that  more  than  20  percent  of  all  inmates  suffered 
from  tuberculosis.  The  International  Human  Ri^ts  Bureau's  estimate  is  slightly 
higher — at  least  30  percent  of  all  inmates  suffer  from  tuberculosis  and  other  major 
illnesses.  The  Government  also  acknowledged  that  AIDS  is  becoming  a  concern. 
Prison  guards,  who  are  poorly  paid,  steal  food  and  medicines  intended  lor  prisoners. 

In  July  the  Government  reported  that  1,122  inmates  imprisoned  under  harsh  con- 
ditions with  inadequate  medical  treatment  had  died  of  disease,  770  of  them  from 
tuberculosis.  Human  rights  monitors  estimated  the  number  of  those  who  died  from 
disease  while  imprisoned  at  more  than  twice  that  number. 


1138 

Violent  crime  among  prisoners  is  common. 

The  Government  reported  that  a  1996  amnesty  reduced  the  number  of  prisoners 
significantly.  Althougn  no  official  figures  are  available,  the  Kazakhstan  Inter- 
national Bureau  on  Human  Rights  estimates  that  between  5,500  and  11,000  persons 
were  amnestied. 

Prisoners  are  allowed  one  4-hour  visit  every  3  months,  but  additional  visits  may 
be  granted  in  emergency  situations.  Some  prisoners  are  eligible  for  3-day  visits  with 
close  relatives  once  every  6  months.  Juveniles  are  kept  in  separate  facilities. 

The  Government  was  reluctant  to  work  with  local  human  rights  groups  to  im- 
prove prison  conditions.  However,  a  representative  of  the  domestic  nongovernmental 
organization  (NGO)  The  International  Bureau  on  Human  Ri^ts  was  permitted  to 
visit  prisons  for  juveniles  and  women  in  Almaty.  In  the  past,  the  Government  has 
permitted  international  groups  to  visit  prisons,  most  recently  a  U.N.  study  group 
in  December  1996. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Local  human  rights  organizations  alleged 
that  the  Government  used  minor  infractions  of  the  law  or  manufactured  charges  to 
arrest  and  detain  government  opponents  arbitrarily.  In  February  law  enforcement 
authorities  charged  independent  trade  union  leader  Leonid  Solomin  with  violating 
currency  laws  and  a  constitutional  provision  barring  trade  unions  from  receiving  fi- 
nancial assistance  from  a  foreign  source  (see  Section  6. a.).  In  June  two  leaders  of 
the  Worker's  Movement  (a  Communist  party  fringe  group),  Madel  Ismailov  and 
Yuriy  Vinkov,  and  the  leader  of  the  National  Pensioner's  Movement,  Nina 
Savostina,  were  arrested  and  jailed  after  organizing  a  peaceful,  unsanctioned  dem- 
onstration in  May  in  front  of  the  Parliament  to  protest  government  approval  of  an 
electricity  rate  hike  (see  Section  2.b.).  In  December  the  three  cochairmen  of  the 
Azamat  political  opposition  movement  were  questioned  by  authorities  afl«r  they  or- 
ganized a  peaceful,  unsanctioned  demonstration  in  front  of  the  parliament  building 
in  Almaty  to  protest  a  March  1995  presidential  decree  requiring  demonstrators  to 
obtain  permits  for  public  meetings.  Petr  Svoik,  who  alleged  that  he  was  beaten  in 
BishkeK  at  the  behest  of  Kazakhstani  authorities,  received  a  warning  from  the  Gov- 
ernment; Marat  Auezov  was  summoned  to  the  local  district  court,  fined  $33  (2,480 
tenge),  and  released;  and  Galim  Abilseitov  was  arrested  and  sentenced  to  15  days 
in  prison  (Abilseitov  served  7  days  before  he  was  released)  (see  Section  2.b.).  Petr 
Svoik,  who  was  arrested  and  fined  for  organizing  unsansctioned  demonstrations  in 
late  1996  in  Almaty,  was  still  under  investigation  for  taking  a  portable  computer 
used  during  his  tenure  as  the  head  of  the  State  Antimonopoly  Committee. 

The  law  sanctions  pretrial  detention.  According  to  the  Constitution,  police  may 
hold  a  detainee  for  72  hours  before  bringing  charges.  In  May  the  Aktau  city  prosecu- 
tor's oflice  reported  that  2,500  people  had  been  detained  in  1996  on  suspicion  of 
being  involved  in  a  crime;  most  were  released  after  a  few  hours.  According  to  the 
law,  after  72  hours  police  may  continue  to  hold  a  detainee  for  10  days  with  the  ap- 
proval of  a  prosecutor.  However,  in  practice  police  routinely  hold  detainees,  with  the 
sanction  of  a  prosecutor,  for  weeks  or  even  months  without  bringing  charges.  In  Au- 
gust the  Deputy  Prosecutor  General  publicly  acknowledged  that  prolonged  deten- 
tions— especially  those  intended  to  force  a  detainee  to  confess  to  a  crime — were  a 
serious  problem. 

In  June  legislation  signed  into  law  by  the  President  formally  established  a  system 
of  bail  that  permits  those  charged  with  a  crime  and  awaiting  trial  to  request  the 
judge  to  approve  bail.  During  the  same  month,  the  leaders  of  the  Azamat  political 
opposition  movement  posted  a  $1,334  (100,(X)0  tenge)  bail  for  detained  Woricer's 
Movement  leader  Madel  Ismailov,  who  was  then  released. 

The  law  stipulates  that  the  maximum  length  of  pretrial  detention  is  2  months, 
although  the  length  of  pretrial  detention  can  be  extended  up  to  1  year,  with  the  ap- 
proval of  the  Prosecutor  General.  The  Prosecutor  General  claims  that  between  70 
and  80  percent  of  those  accused  of  a  crime  are  considered  to  be  eligible  for  bail;  how- 
ever, the  International  Human  Rights  Bureau  believes  that  the  percentage  of  ac- 
cused persons  who  actually  obtain  bail  is  small. 

According  to  the  Constitution,  every  person  detained,  arrested,  or  accused  of  com- 
mitting a  crime  has  the  right  to  the  assistance  of  a  defense  lawyer  from  the  moment 
of  detention,  arrest,  or  accusation.  This  right  is  generally  respected  in  practice. 
However,  human  rights  activists  allege  that  members  of  the  security  forces  have 
pressured  prisoners  to  refuse  the  assistance  of  an  attorney,  sometimes  resulting  in 
a  delay  before  the  accused  sees  a  lawyer.  Detainees  may  also  appeal  the  legalitv  of 
detention  or  arrest  to  the  prosecutor  before  trial.  If  the  defendant  cannot  aiford  an 
attorney,  the  Constitution  provides  that  the  State  must  provide  one  free  of  charge. 
Human  rights  organizations  allege  that  many  prisoners  are  unaware  of  this  provi- 
sion of  the  law.  Although  some  lawyers  are  reluctant  to  defend  clients  unpopular 


1139 

with  the  Government,  there  were  no  reports  of  attorneys  being  sanctioned  by  the 
Grovemment  for  their  decisions  to  defend  particular  clients. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — Government  interference  and  pressure  com- 
promised the  court  system's  independence  throughout  1997 — a  situation  codified  in 
the  Constitution's  establishment  of  a  judiciary  fully  under  the  control  of  the  Presi- 
dent and  the  executive  branch.  The  Government  continued  the  process  of  restructur- 
ing the  judicial  system  to  bring  it  conformity  with  provisions  of  the  Constitution. 

There  are  three  levels  in  the  court  system:  local;  oblast  (provincial);  and  the  Su- 

Ereme  Court.  According  to  the  Constitution,  the  President  proposes  to  the  upper 
ouse  of  Parliament  (the  Senate)  nominees  for  the  Supreme  Court  (recommended 
by  the  Supreme  Judicial  Council,  a  body  chaired  by  the  President,  which  includes 
the  chairperson  of  the  Constitutional  Council,  the  chairperson  of  the  Supreme 
Court,  the  Prosecutor  General,  the  Minister  of  Justice,  senators,  judges  and  other 
persons  apfwinted  by  the  President).  The  President  appoints  oblast  ludges  (nomi- 
nated by  the  Highest  Judicial  Council)  and  local  level  judges  from  a  list  presented 
by  the  Ministry  of  Justice,  based  on  recommendations  from  the  Qualification  Colle- 
gium of  Justice,  an  autonomous  institution  made  up  of  deputies  from  the  lower 
house  of  Parliament  (the  Majilis),  judges,  public  prosecutors,  and  others  appointed 
by  the  President. 

According  to  legislation  passed  in  December  1996,  judges  are  appointed  for  life, 
although  in  practice  this  means  until  mandatory  retirement  at  age  65.  The  1995 
Constitution  abolished  the  Constitutional  Court  and  established  a  Constitutional 
Council;  three  of  its  seven  members,  including  the  chairman,  are  directly  appointed 
by  the  FVesident.  The  Council  rules  on  election  and  referendum  challenges,  inter- 

{irets  the  Constitution,  and  determines  the  constitutionality  of  laws  adopted  by  Par- 
iament.  Under  the  Constitution,  citizens  no  longer  have  the  right  to  appeal  directly 
to  a  court  about  the  constitutionality  of  a  government  action;  this  appeal  is  now  the 
sole  prerogative  of  the  courts.  The  Constitution  states  that  "if  a  court  finds  that  a 
law  or  other  regulatory  legal  act  subject  to  application  undermined  the  rights  and 
liberties  of  an  individual  and  a  citizen,  it  shall  suspend  legal  proceedings  and  ad- 
dress the  Constitutional  Council  with  a  proposal  to  declare  the  law  unconstitu- 
tional," but  does  not  grant  citizens  the  right  to  approach  the  courts  on  a  constitu- 
tional issue. 

Local  courts  try  less  serious  crimes,  such  as  petty  theft  and  vandalism.  Oblast 
courts  handle  more  serious  crimes,  such  as  murder,  grand  theft,  and  organized 
criminal  activities.  The  oblast  courts  may  also  handle  cases  in  rural  areas  where 
no  local  courts  are  organized.  Judgments  of  the  local  courts  may  be  appealed  to  the 
oblast-level  courts,  while  those  of  tne  oblast  courts  may  be  appealed  to  the  Supreme 
Court.  There  is  also  a  military  court.  Although  they  do  not  currently  exist,  special- 
ized and  extraordinary  courts  can  also  be  created — for  example,  economic,  taxation, 
family,  juvenile,  and  administrative  courts — which  have  the  status  of  oblast  and 
local  courts. 

The  Constitution  and  the  law  establish  the  necessary  procedures  for  a  fair  trial. 
Trials  are  public,  with  the  exception  of  instances  in  which  an  open  hearing  could 
result  in  state  secrets  being  divulged,  or  when  the  private  life  or  personal  family 
concerns  of  a  citizen  must  be  protected. 

According  to  the  Constitution,  defendants  have  the  right  to  be  present,  the  right 
to  counsel  (at  public  expense  if  needed),  and  the  right  to  be  heard  in  court  and  call 
witnesses  fbr  the  defense.  Defendants  enjoy  a  presumption  of  innocence,  are  pro- 
tected from  self-incrimination,  and  have  the  right  to  appeal  a  decision  to  a  higher 
court.  Legal  proceedings  are  to  be  conducted  in  the  state  language,  Kazakh,  al- 
though Russian  may  also  be  used  officially  in  the  courts.  Proceedings  also  may  be 
held  in  the  language  of  the  majority  of  the  population  in  a  particular  area. 

In  most  cases,  these  rights  are  respected.  However,  in  December  Azamat  political 
opposition  movement  cochairman  Galim  Abilseitov  was  arrested,  taken  to  district 
court,  and  charged  with  organizing  an  unsanctioned  rally  on  November  30. 
Abilseitov  stated  that  he  was  not  permitted  to  have  a  public  trial.  He  was  not  per- 
mitted to  have  a  lawyer  present;  nor  was  he  permitted  to  offer  testimony  in  his  own 
defense.  The  judge  sentenced  Abilseitov  to  15  days  in  prison.  Abilseitov  was  released 
from  prison  7  days  later,  after  the  district  prosecutor  general  upheld  his  complaint 
that  tne  trial  had  been  illegal.  The  court  did  not  pursue  the  case  further  (see  Sec- 
tion 2.b.). 

The  problem  of  corruption  is  evident  at  every  stage  and  level  of  the  judicial  proc- 
ess. Judges  are  poorly  paid;  the  Government  has  not  made  a  vigorous  effort  to  root 
out  corruption  in  the  judiciary.  According  to  press  reports,  judicial  positions  can  be 
purchased.  Anecdotal  evidence  stemming  from  individual  cases  suggests  that  judges 
solicit  bribes  from  participants  in  trials  and  rule  accordingly.  In  May  1996,  the  CJov- 


1140 

eminent  instituted  a  new  procedure  that  requires  all  judges  to  go  through  a  recer- 
tification  process.  The  process  was  intended  to  ensure  that  judges  are  familiar  with 
current  law  and  was  completed  in  the  fall.  Jud^s  were  required  to  pass  an  oral 
examination.  The  recertification  process  resulted  in  a  significant  turnover  of  person- 
nel, particularly  at  the  lower  levels.  The  recertification  process  addressed  a  legiti- 
mate need  to  improve  judicial  competence;  however,  it  was  used  in  some  cases  by 
local  governments  to  remove  individual  judges  for  political  reasons. 

The  Government  is  in  the  process  of  reforming  tne  legal  system.  In  June  the  Par- 
liament passed  new  criminal  and  civil  codes  to  bring  tne  legal  system  into  accord 
with  the  Constitution.  However,  much  of  the  old  Soviet  legal  structure  remained  in 
force  while  the  Government  drafted  the  necessary  implementing  regulations.  Al- 
though human  rights  organizations  acknowledged  that  the  new  criminal  code  was 
a  step  forward,  they  raised  a  number  of  concerns  regarding  the  code's  effect  on  indi- 
vidual poUtical  and  civic  rights.  The  new  code  extends  the  maximum  term  of  impris- 
onment from  15  to  30  years,  limits  the  use  of  the  death  penalty,  and  gives  judges 
and  law  enforcement  officials  more  flexibility  in  determining  appropriate  charges. 
Previously,  after  a  certain  number  of  civil  code  violations,  a  defendant  would  auto- 
matically be  charged  with  a  criminal  ofTense.  The  new  code  also  eliminates  a  num- 
ber of  legal  holdovers  from  the  Soviet  period,  including  public  condemnation  as  a 
punishment,  enforcement  of  restrictive  passport  regulations,  and  prosecution  for  va- 
grancy or  a  parasitic  way  of  life. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  that  citizens  have  the  right  to  "confidentiality  of  personal  de- 
posits and  savings,  correspondence,  telephone  conversations,  postal,  telegraph  and 
other  messages."  Limitation  of  this  right  is  allowed  "only  in  the  cases  and  according 
to  the  procedure  directly  established  by  law."  However,  the  KNB  and  Ministry  of 
Internal  Afl'airs,  with  the  concurrence  of  the  General  Prosecutor's  office,  can  and  do 
arbitrarily  interfere  with  privacy,  family,  home,  and  correspondence.  The  law  re- 
quires criminal  police,  who  remain  part  of  the  internal  security  structure,  to  obtain 
a  search  warrant  from  a  prosecutor  before  conducting  a  search,  but  they  sometimes 
search  without  a  warrant.  The  KNB  has  the  right  to  monitor  telephone  calls  and 
mail,  but  under  the  law  it  must  inform  the  General  Prosecutor's  office  within  24 
hours  of  such  activity. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  and  the  1991  Press  Law  pro- 
vide for  freedom  of  the  press,  and  the  Government  generally  tolerates  independent 
media.  The  Government  continued  to  own  and  control  most  printing  and  distribu- 
tion facilities  and  to  subsidize  periodicals,  including  many  that  were  supposedly 
independent.  The  potential  for  government  control  and  instances  of  official  pressure 
resulted  in  widespread  media  self-censorship.  The  key  subject  considered  to  be  "off 
limits"  by  journalists  was  personal  criticism  of  the  President  and  government  offi- 
cials. 

In  February  the  editor  and  staff  of  the  weekly  newspaper  Economika  Segodnya 
were  questioned  at  length  about  an  article  in  the  newspaper  that  quoted  an  opposi- 
tion leader  criticizing  the  President.  The  newspaper  haa  previously  been  cited  by 
the  government  mass  media  agency  for  not  including  in  its  masthead  all  the  infor- 
mation required  by  government  regulation.  The  newspaper  was  warned  that  one 
more  citation  would  result  in  the  suspension  of  its  business  license. 

There  were  two  cases  in  northern  Kazakhstan  in  which  local  administration  cen- 
sorship offices  accused  independent  stations  of  violating  local  laws  after  they  had 
aired  programs  that  were  objectionable  to  the  Government.  No  further  action  was 
taken  against  either  station. 

Despite  such  official  heavy-handedness,  the  press  was  generally  permitted  to  criti- 
cize government  decisions.  Official  corruption  remained  an  acceptaole  topic  for  criti- 
cal coverage.  Many  journalists  criticize  the  Parliament  as  being  without  power  and 
subject  to  the  President's  control. 

In  January  the  press  reported  that  the  Government  closed  the  independent  daily 
newspaper,  Karavan  Blitz,  which  was  very  critical  of  the  Prime  Minister.  However, 
the  newspaper's  owner  announced  that  he  had  ceased  publication  because  the  news- 
paper was  not  profitable.  The  owner  also  publishes  the  weekly  tabloid-style  Cara- 
van, the  most  popular  newspaper  in  the  country,  which  routinely  criticizes  the  Gov- 
ernment and  offers  political  views  and  commentary. 

Most  political  opposition  groups  freely  issued  their  own  publications.  There  are 
several  independent  newspapers  that  reflect  opposition  views,  particularly  Delovaya 
Nedelya  (Business  Week)  and  Twenty-first  Century.  However,  in  June  the  Govern- 
ment closed  the  Communist  Party's  national  newspaper  when  it  applied  for  rereg- 


1141 

istration,  alleging  that  the  newspaper  had  violated  the  Constitution  by  calling  for 
the  violent  overthrow  of  the  social  system.  It  is  unclear  whether  this  charge  was 
accurate.  The  newspaper  responded  that  it  had  only  discussed  the  reform  of  the  so- 
cial system  and  attempted  to  sue  the  National  Agency  on  Press  and  Mass  Media 
for  about  $26,667  (2,000,000  tenge).  However,  the  courts  refused  to  hear  the  case 
and  the  newspaper  remains  closed. 

There  are  31  independent  radio  and  television  stations.  Eleven  of  these  are  in 
Almaty.  In  November  1996,  there  were  57  independent  stations  in  the  country;  eight 
were  in  Almaty.  Of  the  26  stations  that  went  out  of  business  in  1997,  half  closed 
due  to  the  frequencies  auctions.  The  other  13  went  bankrupt  before  the  auctions 
began  or  joined  forces  with  other  broadcasting  companies  to  compete  in  the  auctions. 
There  are  only  two  government-owned  comoined  radio  and  television  companies. 
However,  they  represent  five  channels  and  are  the  only  stations  that  can  broadcast 
nationwide.  Regional  governments  own  several  frequencies;  however,  independent 
broadcasters  have  arranged  with  local  administrations  to  use  the  majority  of  these. 
The  Government  controls  nearly  all  broadcasting  transmission  facilities.  About  40 
percent  of  newspapers  are  government-owned.  All  daily  newspapers  are  govern- 
ment-run. There  are  also  a  large  number  of  newspapers  that  are  produced  by  gov- 
ernment ministries,  for  example,  Kazakhstan  Science,  published  by  the  Ministry  of 
Science.  However,  many  newspapers  receive  a  government  subsidy.  All  Kazakh  lan- 
guage newspapers  receive  a  government  subsidy,  although  most  would  call  them- 
selves independents.  Therefore,  including  newspapers  that  receive  subsidies,  about 
80  percent  of  newspapers  are  government-run.  Each  major  population  center  has  at 
least  one  independent  weekly  newspaper.  There  are  seven  maior  independent  news- 
papers in  Almaty.  An  Association  of  Independent  Electronic  Media  of  Central  Asia 
(ANESMI)  exists,  but  it  is  fractured  and  weak. 

An  auction  of  television  and  radio  frequencies  convinced  many  human  rights  ac- 
tivists and  some  media  outlets  that  the  Government  sought  to  harass  and  even 
eliminate  independent  media.  The  Government  denied  any  intent  to  limit  free 
speech  and  asserted  that  it  was  acting  in  its  own  fiscal  interest.  The  Government 
had  announced  the  tender  for  frequencies  in  Almaty  in  December  1996.  Prior  to  the 
frequencies  auction,  there  was  no  formal  process  for  obtaining  a  frequency.  Some 
stations  simply  assumed  ownership  at  no  cost;  others  obtained  frequencies  through 
the  good  offices  of  local  officials,  often  accomplished  through  bribery.  The  majority 
of  independent  media  outlets  in  Almaty  participated  in  the  auction.  Some  joined 
with  otner  broadcasting  companies  or  commercial  backers  to  raise  the  necessary 
capital.  Others  protested  the  auction  vehemently,  but  still  participated.  The  results 
of  the  Almaty  frequencies  auction  were  announced  in  January.  Two  television/radio 
companies  and  one  radio  company  (which  carried  the  Voice  of'^America)  lost  the  auc- 
tion and  were  removed  from  the  airwaves.  The  two  television/radio  companies  that 
lost  the  auction  were  the  most  vocal  critics  of  the  (jovemment  in  the  media.  How- 
ever, there  was  no  change  in  the  total  number  of  independent  Almaty  television  sta- 
tions. Two  new  stations  replaced  the  two  losers.  In  radio  there  was  a  net  increase 
of  one  independent  broadcaster.  Some  of  the  new  stations  established  as  a  result 
of  the  frequencies  auction  offer  political  news  and  commentary  and  criticism  of  the 
Government;  others  do  not. 

The  situation  was  very  different  in  the  subsequent  frequencies  auction  for  the 
provinces  (oblasts).  Few  broadcasters  could  meet  the  minimum  bid  required  by  the 
Government.  In  addition  the  (jovemment  announced  that  no  frequencies  would  be 
awarded  in  areas  in  which  there  were  not  at  least  two  bidders.  In  April  the  Govern- 
ment awarded  three  television  and  five  radio  frequencies  in  seven  cities.  Many  of 
the  losing  stations  claimed  that  the  winners  received  frequencies  because  they 
promised  to  be  loyal  to  the  Government.  At  the  end  of  the  auction,  ANEMSI  de- 
clared that  no  real  independent  media  existed  in  Kazakhstan.  In  fact  only  a  small 
number  of  stations  lost  tneir  frequencies  in  the  auctions,  although  many  were  forced 
to  find  commercial  backers  and  to  relinquish  financial  control  over  their  stations. 
Although  many  of  the  commercial  backers  have  ties  or  connections  to  the  (jovern- 
ment,  there  are  few  reports  of  broadcasters  being  pressured  by  commercial  backers 
in  order  to  please  the  (jovemment.  One  station  reported  that  it  was  pressured  by 
one  of  its  owners  not  to  broadcast  information  about  an  unauthorized  demonstration 
in  order  to  ensure  that  the  local  administration  did  not  close  the  station  and  cut 
off  advertising  revenues.  Commercial  backers  are  more  likely  to  pressure  stations 
to  air  more  high-profit  programs  such  as  westerns,  rather  than  low-profit  offerings 
of  news  and  political  commentary.  The  total  number  of  independent  stations  operat- 
ing decreased,  however,  many  stations  ceased  broadcasting  before  the  auctions 
began.  Others  elected  not  to  participate  in  the  auctions  and  closed  voluntarily. 

Overall,  the  tender  process  was  flawed.  The  rules  were  complex  and  sometimes 
contradictory.  Although  the  tender  award  committee  was  eventually  expanded  to  in- 


1142 

elude  a  mass  media  representative,  the  process  was  not  transparent.  According  to 
government  oflicials,  the  minimum  bid  was  based  on  a  cost  formulation  used  for  fre- 
quencies in  Australia.  Bids  varied  based  on  the  power  of  the  station  and  other  tech- 
nical parameters,  but  the  commonly  used  figure  for  Almaty  was  $126,000.  This  ap- 
proach priced  many  independents  out  of  the  market,  especially  in  the  provinces 
where  advertising  revenue  is  low.  The  Government  also  did  not  require  its  television 
and  radio  companies  to  compete  in  the  auction  and  reserved  the  highest  quality  and 
the  most  desirable  freouencies  for  them. 

In  March  ANESMI  filed  an  inquiry  with  the  Prosecutor  General  regarding  the  le- 
gality of  the  frequencies  auctions.  The  Prosecutor's  Office  ruled  that  the  law  upon 
which  the  auction  was  based  was  unconstitutional.  The  Prosecutor  asked  the  Prime 
Minister  for  a  response  to  the  ruling,  but  none  was  given.  The  Prosecutor's  Office 
did  not  directly  address  the  legality  of  the  auctions  themselves.  There  was  no  fur- 
ther action  taken  on  the  ANESMI  protest.  According  to  the  law,  if  the  Government 
does  not  respond  to  a  prosecutor's  ruling,  the  Prosecutor  General's  office  can  take 
the  Government  to  court.  In  this  case,  the  Prosecutor  General's  officer  took  no  fur- 
ther action.  None  of  the  losing  stations  went  to  court  to  protest  the  loss  of  their  fre- 
quencies. Most  believed  that  it  was  too  expensive  and  not  worthwhile  to  try.  There 
is  no  procedure  in  the  law  to  appeal  the  loss  of  a  tender. 

Some  members  of  the  independent  media  alleged  that  the  January  murder  of  a 
foreign  expert  providing  technical  assistance  to  the  independent  media  during  the 
debate  over  the  frequencies  auctions  was  part  of  a  political  campaign  against  the 
independent  media.  However,  the  murderers  were  arrested  and  convicted  in  June 
and  evidence  presented  during  the  trial  confirmed  that  the  motive  for  the  murder 
was  robbery. 

The  Constitution  provides  for  the  protection  of  the  dignity  of  the  President  and 
the  law  against  insulting  the  President  and  other  officials  remained  on  the  books. 
Although  no  cases  of  insulting  the  President  or  other  officials  were  reported  in  the 
press,  the  Kazakhstan  International  Bureau  on  Human  Rights  alleged  that  there 
were  numerous  cases  of  individuals  arrested  for  insulting  local  officials.  The  bureau 
reported  that  in  September,  three  youths  in  Uralsk,  Ainur  Kurmanov,  Sergey 
Kolokolov,  and  Vasya  Nikolayev,  were  arrested  and  charged  under  five  separate 
statutes  of  the  new  Criminal  Code  for  writing  antipresidential  graffiti  on  the  walls 
of  a  building  in  May.  Conviction  could  carry  a  prison  sentence  of  3  to  8  years.  The 
youths  originally  were  arrested  and  charged  with  the  minor  offense  of  hooliganism 
(a  crime  that  no  longer  exists  under  the  Criminal  Code  passed  in  June),  and  re- 
leased. However,  in  accordance  with  a  June  decree  reiterating  the  importance  of 
protecting  the  honor  and  dignity  of  the  President,  the  Government  ordered  Uralsk 
authorities  to  arrest  the  youths  and  take  them  into  custody.  The  case  remains  open. 
Two  of  the  youths  are  in  custody;  one  is  not  being  held  because  he  is  a  minor.  The 
case  was  scheduled  to  go  to  trial  on  December  22,  however,  one  of  the  defendants, 
Ainur  Kurmanov,  who  was  on  a  23-day  hunger  strike  to  protest  his  imprisonment, 
was  too  ill  to  stand  trial.  The  court  postponed  the  trial  until  Januair  19,  1998. 
Prominent  opposition  leaders,  including  Yuriy  Vinkov  of  the  Labor  Movement,  a 
Communist  parliamentary  deputy  from  Uralsk,  Valeriy  Zemliyanov,  and  the  co- 
chairmen  of  the  Azamat  political  movement,  are  supporting  the  youths. 

Several  laws  control  aavertising  in  the  mass  meaia.  One  law  restricts  alcohol  and 
tobacco  advertising  on  television,  as  well  as  "pornography"  and  "violence"  during 
prime  viewing  hours.  Another  law  restricts  the  amount  of  advertising  in  newspapers 
to  20  percent  of  the  total  material  in  each  issue.  The  Minister  of  Justice  and  the 
Minister  of  Press  and  Mass  Media  have  interpreted  this  law  as  restricting  paid  arti- 
cles, but  not  commercial  advertisements. 

The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
peaceful  assembly;  however,  the  Government  and  the  law  impose  significant  restric- 
tions. According  to  the  law,  organizations  must  apply  to  the  local  authorities  for  a 
permit  to  hold  a  demonstration  or  public  meeting  at  least  10  days  in  advance,  or 
the  activity  is  considered  illegal.  In  some  cases,  local  officials  routinely  issued  nec- 
essary permits.  However,  human  rights  activists  complained  that  complicated  proce- 
dures and  the  10-day  notification  period  made  it  difficult  for  all  groups  to  organize 
public  meetings  and  demonstrations.  They  argue  that  local  authorities,  especially 
those  outside  of  the  capital,  turned  down  the  majority  of  applications  submitted  or 
refused  to  allow  rallies  to  take  place  in  central  locations.  According  to  the  press, 
local  authorities  refused  to  issue  permits  for  public  meetings  in  Shymkent  and 
Zhambyl  because  of  the  "danger  of  epidemics  arising  among  large  groups  of  people." 
In  September  the  Kazakhstan  International  Bureau  on  Human  Rights  reported  that 
local  authorities  in  Uralsk  refused  to  issue  a  permit  to  a  Communist  Party  par- 
liamentary deputy  who  wanted  to  organize  a  public  meeting  with  his  constituents. 


1143 

In  January  the  President  announced  a  "year  of  political  accord"  and  asked  politi- 
cal and  social  movements  to  agree  to  a  1-year  moratorium  on  political  actions.  Al- 
though many  state-supported  organizations  agreed,  most  independent  organizations 
refused.  In  March  the  Prosecutor  General  referred  to  unsanctioned  gatherings  in 
which  top  officials  were  slandered  and  defamed — an  offense  under  the  law — when 
he  warned  that  the  Government  would  not  tolerate  unauthorized  public  meetings, 
strikes,  or  the  release  of  inflammatory  public  statements.  He  pledged  to  take  "all 
necessary  actions"  to  stop  illegal  activities. 

Nevertheless,  there  were  numerous  peaceful,  unsanctioned  demonstrations  of 
workers  and  pensioners  protesting  difficult  economic  conditions  and  the  nonpayment 
of  wages  and  pensions.  For  the  most  part,  law  enforcement  authorities  did  not  inter- 
fere in  the  demonstrations,  and  no  action  was  taken  against  the  individuals  partici- 
6ating.  There  were  peaceful  unsanctioned  demonstrations  in  Kentau,  Ust- 
Kamenogorsk,  and  Almaty  in  which  no  arrests  were  made.  In  September  the 
Azamat  political  opposition  movement  issued  a  statement  that  "demonstrative  re- 
prisals" (warnings)  had  been  issued  by  the  Government  to  the  organizers  of  illegal 
protest  actions  in  Karaganda,  Pavlodar,  Kokchetau,  and  Uralsk. 

However,  there  were  also  cases  in  which  the  Government  arrested,  detained, 
fined,  and  sometimes  imprisoned  the  individual  organizers  of  unsanctioned  rallies. 
In  March  several  Communist  Party  members  were  arrested  and  fmed  for  protesting 
the  dissolution  of  the  Soviet  Union.  Also  in  March,  after  an  unsanctioned  dem- 
onstration to  protest  economic  conditions  in  Almaty,  three  members  of  the  Alash 
Party  alleged  that  they  were  arrested  and  fined  for  carrying  banners  with 
antigovemment  slogans.  Madel  Ismailov,  leader  of  the  Worker's  Movement  (a  Com- 
munist Party  fringe  group),  was  arrested  for  organizing  an  unsanctioned  May  1 
demonstration  in  Almaty.  Ismailov  obtained  a  permit  from  city  officials  to  hold  a 
rally  in  a  park  in  the  city.  However,  after  the  rally  began,  Ismailov  led  protesters 
to  the  office  of  the  head  of  the  local  administration.  After  the  demonstration  con- 
cluded, Ismailov  was  arrested  and  sentenced  to  15  days  in  prison. 

In  June  Ismailov  and  another  Worker's  Movement  member,  Yuriy  Vinkov,  and  the 
leader  of  the  National  Pensioner's  Movement,  Nina  Savostina,  were  arrested  after 
organizing  an  unsanctioned  demonstration  on  May  30  in  front  of  Parliament  to  pro- 
test government  approval  of  a  utility  rate  hike.  Savostina  and  Vinkov  were  sen- 
tenced to  7-day  ana  15-day  jail  terms  respectively  for  organizing  the  demonstration. 
Ismailov  was  charged  with  "active  participation  in  or  organization  of  public  dis- 
order," an  offense  that  carries  a  possible  sentence  of  3  years  in  jail,  and  detained. 
He  was  released  from  prison  on  bail  in  July  after  his  trial  began.  In  September 
Ismailov  was  found  guilty  and  sentenced  by  the  district  court  to  1  year  of  "corrective 
labor."  In  fact,  however,  this  sentence  amounted  to  a  fine  for  Ismailov,  an  employee 
of  a  government  seismic  control  station,  as  the  Government  garnished  15  percent 
of  his  wages  each  month.  The  judge  took  into  account  the  30  days  Ismailov  had 
spent  in  detention  and  ruled  that  each  day  spent  in  custody  would  be  equal  to  3 
days  of  "corrective  labor."  Therefore,  Ismailov  would  be  required  to  serve  only  9 
months  of  "corrective  labor."  Ismailov,  who  continues  to  argue  his  innocence,  ap- 
pealed the  conviction  and  sentence  to  the  obiast-level  court  (see  Section  l.d.).  The 
court  has  not  yet  acted  upon  Ismailov's  appeal. 

Also  in  June,  400  pensioners  in  Pavlodar  clashed  with  police  during  an 
unsanctioned  demonstration  to  protest  economic  conditions.  The  press  alleged  that 
tear  gas  and  force  were  used  to  disperse  the  crowd;  local  officials  denied  the  allega- 
tions. The  organizer  of  the  rally,  the  head  of  the  local  pensioner's  movement,  was 
arrested  and  sentenced  to  15  days  in  prison.  In  July  two  leaders  of  a  miners'  union 
in  Karaganda  were  arrested  for  organizing  an  unsanctioned  demonstration  to  pro- 
test the  nonpayment  of  wages.  The  two  were  sentenced  to  jail  terms,  but  the  ruling 
was  overturned  by  the  district  court;  they  were  fined  and  released. 

On  November  30,  the  political  opposition  groups  Azamat  and  the  Worker's  Move- 
ment held  an  unauthorized  demonstration  in  front  of  the  parliament  building  in 
Almaty  to  protest  a  March  1995  presidential  decree  requiring  demonstrators  to  ob- 
tain permits  for  demonstrations.  The  opposition  groups  claim  that  the  decree  is  un- 
constitutional, in  that  it  contradicts  the  August  1995  Constitution,  which  provides 
for  freedom  of  assembly  and  peaceful  demonstration.  The  orderly  rally  was  attended 
by  about  500  persons  and  lasted  approximately  1  hour.  The  three  Azamat  cochair- 
men  who  organized  the  rally  were  arrested  by  the  Government.  Petr  Svoik,  who  also 
alleged  that  he  was  beaten  on  December  1  in  Bishkek  at  the  behest  of  Kazakhstan! 
authorities,  received  a  warning  from  the  Government;  Marat  Auezov  was  summoned 
to  the  local  district  court,  fined  $33  (2,480  tenge),  and  released;  and  Galim 
Abilseitov  was  arrested  and  sentenced  to  15  days  in  prison  (Abilseitov  served  7  days 
before  he  was  released)  (see  Sections  I.e.,  l.d.,  and  I.e.). 


1144 

The  Constitution  provides  for  freedom  of  association;  however,  the  Government 
and  the  law  impose  significant  restrictions.  Organizations,  movements,  and  political 
parties  that  conduct  public  activities,  that  hold  public  meetings,  participate  in  con- 
ferences, or  have  bank  accounts  must  register  with  the  Government.  Registration 
on  the  local  level  requires  a  minimum  of  10  members  and  on  the  national  level,  a 
minimum  of  10  memoers  in  at  least  7  of  the  14  oblasts.  In  addition  a  registration 
fee  is  required,  which  many  groups  consider  to  be  a  deterrent  to  registration. 

The  Constitution  prohibits  political  parties  established  on  a  religious  basis.  The 
Government  has  reiused  to  register  ethnic -based  political  parties  on  the  grounds 
that  their  activities  could  spark  ethnic  violence.  The  Constitution  bans  "pubfic  asso- 
ciations"— including  political  parties — whose  "goals  or  actions  are  directed  at  a  vio- 
lent change  of  the  Cfonstitutional  system,  violation  of  the  integrity  of  the  republic, 
undermimng  of  the  security  of  the  state  (and),  fanning  of  social,  racial,  national,  re- 
ligious, class  and  tribal  enmity."  Unregistered  parties  and  movements,  nonetheless, 
hold  meetings  and  publish  newspapers.  All  of  tne  major  religious  and  ethnic  groups 
have  independently  functioning  cultural  centers. 

To  participate  in  elections,  a  political  party  must  register  with  the  Government. 
Under  current  law,  a  party  must  submit  a  list  of  at  least  3,000  members  from  a 
minimum  of  7  oblasts.  The  list  must  provide  personal  information  about  members, 
including  date  and  place  of  birth,  address,  and  place  of  employment.  For  many  citi- 
zens, submitting  such  personal  data  to  the  Government  is  reminiscent  of  the  tactics 
of  the  former  Soviet  KGB  and  inhibits  them  from  joining  parties.  The  nationalist 
Alash  Party  and  the  Social  Democratic  Party  have  refused  to  register  on  the  prin- 
ciple that  they  should  not  have  to  submit  personal  information  about  their  members 
to  the  Government.  Under  the  law,  memDers  of  unregistered  parties  may  run  for 
elected  office  as  individuals,  but  not  as  party  members. 

There  are  no  statistics  available  regarding  the  number  of  registered  political  par- 
ties (approximately  25  registered  nationwide),  however,  all  parties  requesting  reg- 
istration have  been  successful.  In  general  political  parties  are  very  weak,  and  with 
the  exception  of  the  Communist  Party  and  some  of  the  ethnically  based  political 
movements,  they  have  very  little  influence  outside  the  capital  with  membership  esti- 
mated at  about  100,000.  The  majority  of  parliamentary  deputies  are  independents; 
they  are  active  in  Parliament,  but  most  support  the  President  and  the  (jovemment. 
Parties  represented  in  the  Parliament  include  several  propresidential  parties,  the 
Communist  Party,  and  the  Socialist  Party.  Most  opposition  party  members  decided 
not  to  participate  in  the  December  1995  elections  and  are  therefore  not  represented 
in  the  Parliament. 

The  Constitution  prohibits  foreign  political  parties  and  foreign  trade  unions  from 
operating.  In  addition  the  Constitution  prohibits  the  financing  of  political  parties 
and  trade  unions  by  foreign  legal  entities  and  citizens,  foreign  states,  and  inter- 
national organizations.  In  March  independent  trade  union  leader  Leonid  Solomin 
was  accused  of  violating  the  Constitution  by  accepting  financial  support  from  the 
AFL-CIO's  Free  Trade  Union  Institute  (see  Section  6. a.).  Some  trade  union  associa- 
tions have  circumvented  this  prohibition  by  registering  with  the  (}ovemment  as 
"public  oivanizations,"  in  other  words,  nongovernmental  organizations. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  rehgion,  and  the 
various  denominations  worship  without  government  interference.  However,  the  Con- 
stitution also  requires  that  the  appointment  by  foreign  religious  centers  of  the  heads 
of  religious  associations  must  be  carried  out  "in  coordination  with  the  Government," 
as  must  the  activities  of  foreign  religious  associations.  In  practice  the  Government 
does  not  interfere  with  the  appointment  of  religious  leaders  or  the  activities  of  for- 
eign religious  associations.  Foreign  missionaries,  unwelcome  to  some  Orthodox  and 
M!uslim  citizens,  have  complained  of  occasional  harassment  by  low-level  government 
officials.  In  particular  evangelical  Protestants  working  as  teachers  and  medical  pro- 
fessionals have  alleged  government  hostility  toward  their  efforts  to  proselytize.  How- 
ever, no  action  has  oeen  taken  against  foreign  missionaries  working  in  the  country. 

There  were  allegations  that  the  political  harassment  of  trade  union  leader  Leonid 
Solomin  (see  Section  6.b.)  was  directly  related  to  his  Jewish  faith.  Union  members 
were  reportedly  told  that  they  had  "sold  themselves  to  the  Jew  Solomin."  However, 
Solomin  said  publicly  that  the  harassment  was  because  of  his  trade  union  activities, 
not  his  religion. 

The  Islamic  mufli  and  the  Russian  Orthodox  archbishop  appeared  together  pub- 
licly to  promote  religious  and  ethnic  harmony,  usually  at  the  invitation  of  and  with 
the  President. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  the  right  to  emigrate  and  the  right  of  re- 
patriation; both  are  respected  in  practice.  Kazakhstanis  have  the  right  to  change 
their  citizenship,  but  are  not  permitted  to  hold  dual  citizenship. 


1145 

According  to  the  Constitution,  everyone  who  is  legally  present  on  the  territory  of 
the  Republic  has  the  right  to  move  freely  on  its  territory  and  freely  choose  a  place 
of  resiaence  except  in  cases  stipulated  by  law.  This  provision  formally  abolishes  the 
"propiska"  system  of  residence  permits,  a  holdover  from  the  Soviet  era,  and  replaces 
it  with  a  system  of  registration.  However,  in  practice,  citizens  are  still  required  to 
register  in  order  to  prove  legal  residence  and  obtain  city  services.  Registration  in 
most  of  the  country  was  generally  routine,  but  it  was  difficult  to  register  in  Almaty 
due  to  its  relative  affluence.  The  Government  can  refuse  to  register  a  citizen,  just 
as  it  did  under  the  propiska  system,  in  order  to  limit  the  number  of  persons  who 
can  move  to  a  certain  city  or  area. 

There  were  a  few  reports  of  government  efforts  to  restrict  the  movement  of  for- 
eipiers  around  the  country.  Internal  visas  are  no  longer  required  for  foreigners  trav- 
elmg  outside  the  capital. 

An  exit  visa  is  required  for  both  citizens  and  foreigners  who  wish  to  travel  abroad, 
although  refusals  are  rare.  There  have  been  reports  of  some  officials  demanding 
bribes  for  exit  visas.  It  is  usually  necessary  to  meet  a  number  of  bureaucratic  re- 
quirements before  the  exit  visa  is  issued.  For  example  close  relatives  with  a  claim 
to  support  from  the  applicant  must  give  their  concurrence.  Intending  emigrants 
must  also  obtain  evidence  that  they  have  no  outstanding  financial  obligations. 

The  Government  accords  special  treatment  to  ethnic  Kazakhs  and  their  families 
who  fled  during  Stalin's  era  and  wish  to  return.  Kazakhs  in  this  category  are  enti- 
tled to  citizenship  and  many  other  privileges.  Anyone  else,  including  etnnic  Kazakhs 
who  are  not  considered  refugees  from  the  Stalin  era  of  political  repression,  such  as 
the  descendants  of  Kazakhs  who  moved  to  Mongolia  during  the  previous  century, 
must  apply  for  permission  to  return,  but  it  is  the  stated  policy  oi  the  Government 
to  encourage  and  assist  all  ethnic  Kazakhs  living  outside  the  country  to  return,  if 
they  so  desire. 

Tne  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees (UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees,  espe- 
cially with  the  resettlement  of  ethnic  Kazakhs  from  Afghanistan  living  as  refugees 
in  Iran.  There  were  no  reports  of  forced  expulsion  of  refugees;  however,  in  April  the 
Afghan  Charge  d'Affaires  publicly  appealed  to  the  Government  not  to  expel  Afghan 
remgees.  None  were  forced  to  leave.  There  were  complaints  that  the  Government 
had  not  yet  adopted  laws  regularizing  the  status  of  refugees.  According  to  the  law, 
only  ethnic  Kazakh  repatriates  can  be  considered  refugees.  Migrants  from  other 
Commonwealth  of  Independent  States  (CIS)  countries  are  not  considered  to  be  refu- 
gees as  they  may  travel  and  settle  freely  in  any  CIS  country.  All  non-CIS  citizens 
are  considered  to  be  intending  immigrants.  In  practice,  however,  the  Government 
is  tolerant  in  its  treatment  of  local  refugee  populations.  Political  asylum  can  be 

granted  only  by  the  President.  The  issue  of  the  provision  of  first  asylum  has  arisen, 
ut  the  Government  has  not  passed  legislation  and  implementing  procedures  in  con- 
formity with  internationally  recognized  norms. 

In  December  the  Parliament  passed  a  migration  law.  The  UNHCR  believes  that 
the  law  is  a  positive  first  step  toward  establishing  procedures  for  the  Government 
to  cope  with  migration-related  problems.  The  law,  based  on  a  draft  initiated  by  a 
parliamentary  deputy,  mandated  the  establishment  of  a  government  migration 
agency  to  oversee  migration-related  issues,  independent  of  the  Ministry  of  Labor 
and  Social  Protection,  which  formerly  had  responsibility  for  migration  within  the 
government. 

At  the  end  of  1994,  Kazakhstan  and  Russia  initialed  agreements  that  established 
broad  legal  rights  for  the  citizens  of  one  country  living  on  the  territory  of  the  other, 
and  provided  for  expeditious  naturalization  for  citizens  of  one  country  who  moved 
to  the  other.  In  July  the  two  countries  exchanged  instruments  of  ratification  to 
bring  these  agreements  into  force. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Although  the  Constitution  provides  for  a  democratic  government,  in  practice  the 
Government  infringed  on  the  right  of  citizens  to  change  their  government.  The  Con- 
stitution concentrates  power  in  the  presidency,  granting  the  President  considerable 
control  over  the  legislature,  judiciary,  and  local  government.  The  Constitution  can- 
not be  modified  or  amended  without  the  consent  of  the  President.  In  1995  President 
Nazarbayev  extended  his  term  of  office  to  the  year  2000  by  referendum  without  a 
contestea  presidential  election  (which,  according  to  the  Constitution  then  in  force, 
should  have  been  held  in  1996). 

A  bicameral  legislature  took  office  in  January  1996.  The  lower  house  (the  Majilis), 
consisting  of  67  members,  was  elected  directly.  The  upper  house  (the  Senate),  with 
42  members,  was  elected  indirectly,  by  members  of  oblast  and  city  parliaments,  with 


1146 

7  of  its  members  appointed  directly  by  the  President.  (The  number  of  Senate  seats 
was  reduced  after  October  by-elections  from  47  to  42  in  accordance  with  the  Govern- 
ment's March  decision  to  reduce  the  number  of  oblasts  from  19  to  14.)  TTie  election 
law  requires  candidates  for  both  houses  to  meet  minimum  age  and  education  re- 
quirements, and  to  pay  a  nonrefundable  registration  fee  of  100  times  the  minimum 
monthly  wage  (in  a  oy-election  in  March,  this  fee  was  about  $2,700  (190,000  tenge). 
The  election  law  does  not  require  Majilis  candidates  to  collect  a  certain  number  of 
signatures  in  order  to  be  placed  on  the  ballot.  Senate  candidates,  however,  are  re- 
quired to  obtain  signatures  from  10  percent  of  the  members  of  the  local  assemblies 
in  their  oblasts  in  order  to  be  placed  on  the  ballot.  Some  consider  the  election  re- 
quirements, especially  the  registration  fee,  to  be  a  barrier  to  participation.  The  Con- 
stitution mandates  that  participation  in  elections  is  voluntary.  However,  experts 
stated  that  the  law  requiring  participation  of  at  least  50  percent  of  the  eligible  vot- 
ers to  make  an  election  valid  puts  pressure  on  polling  site  workers  to  gamer  a  suffi- 
cient number  of  votes  and  has  been  cited  as  one  of  the  causes  of  fraud  and  vote 
inflation  in  past  elections. 

The  legislature  cannot  initiate  changes  in  the  Constitution  or  exercise  oversight 
over  the  executive  branch.  The  Parliament  has,  however,  asserted  itself  with  regard 
to  the  budget,  challenging  the  figures  presented  by  the  Government  and  adjusting 
allocations.  Should  Parliament  fail  to  pass  within  30  days  an  "urgent"  bill  brought 
by  the  President,  the  President  may  issue  the  bill  by  decree.  While  the  President 
hfis  broad  powers  to  dissolve  Parliament,  Parliament  can  remove  the  President  only 
for  disability  or  high  treason,  and  only  with  the  consent  of  the  Constitutional  Coun- 
cil, which  is  largely  controlled  by  the  President. 

Although  the  President  has  the  right  to  legislate  by  decree,  he  respected  the  par- 
liamentary procedures  laid  out  in  the  Constitution.  During  its  first  full  session  from 
September  1996  to  June  1997,  the  Parliament  passed  150  bills  to  the  President  for 
signature.  Although  the  majority  of  bills  was  drafted  by  the  executive,  the  Par- 
liament considered  19  bills  that  were  drafted  and  introduced  by  individual  deputies. 
Several  of  the  19  bills  initiated  by  parliamentary  deputies  were  passed  into  law,  in- 
cluding bills  on  government  support  for  small  business  development,  the  develop- 
ment of  nontraditional  energy  sources,  and  migration.  However,  the  Parliament  fell 
short  in  several  areas.  Parliamentary  procedures  were  weak  and  constituent  rela- 
tions were  nonexistent.  Most  parliamentary  activities  continued  to  be  conducted  be- 
hind closed  doors.  Sessions  were  neither  open  to  the  public  nor  televised. 

The  Constitution  significantly  constrains  the  independence  of  the  judiciary.  A 
Constitutional  Council  replaced  the  Constitutional  Court  in  August  1995  when  the 
new  Constitution  was  adopted.  Three  of  its  seven  members,  including  its  chairman, 
are  directly  appointed  by  the  President.  A  two-thirds  majority  of  the  Council  is  re- 

3uired  to  overrule  a  Presidential  veto.  All  judges  are  appointed  directly  by  the  Presi- 
ent. 

According  to  the  Constitution,  the  governors  of  oblasts  (the  "akims")  are  selected 
by  the  Prime  Minister  but  serve  at  the  discretion  of  the  President,  who  may  also 
annul  their  decisions. 

The  major  national  political  opposition  movements  both  called  for  the  direct  elec- 
tion of  provincial  governors  and  cnanges  in  the  (jovernment's  economic  reform  poli- 
cies. Azamat  is  a  movement  of  intellectuals  dedicated  to  constructive  opposition.  Re- 
public is  a  popular  front  led  by  the  Kazakhstani  Communist  Party  representing  20 
political  parties,  public  associations,  and  movements.  The  Government  did  not  inter- 
fere with  the  development  of  either  movement.  In  March,  however,  local  officials  in 
Almaty  barred  Azamat  members  from  a  meeting  hall  prior  to  the  opening  of  a  na- 
tional conference  due  to  "fire  code  violations."  In  June  a  small  group  of  opposition 
leaders  formed  an  "antitotalitarian  league,"  but  the  league  remains  inactive.  In  No- 
vember Marat  Auezov,  one  of  the  cocnairmen  of  the  Azamat  political  opposition 
movement,  announced  his  candidacy  for  President  for  the  2000  elections.  Also  in  No- 
vember, 11  opposition  parties,  including  Azamat,  the  Communist  Party,  the  ethnic 
Kazakh  movement  Azat,  the  ethnic  Russian  movement  Lad,  and  the  pensioners' 
movement  Pokolenia,  established  a  new  People's  Front  to  contest  the  1999  and  2000 
elections. 

All  adult  citizens  (at  least  18  years  of  age)  have  the  right  to  vote.  Membership 
in  political  parties  or  trade  unions  is  forbidden  to  members  of  the  armed  forces,  em- 
ployees of  national  security  and  law  enforcement  organizations,  and  judges. 

tnere  are  no  legal  restrictions  on  the  participation  of  women  and  minorities  in 
politics,  but  the  persistence  of  traditional  attitudes  means  that  few  women  hold  high 
office  or  play  active  parts  in  political  life.  There  is  one  female  federal  minister,  but 
no  female  provincial  governors  (akims).  Of  47  Senate  members,  5  are  women;  of  67 
Majilis  members,  9  are  women. 


1147 

Although  minority  ethnic  ^ups  are  represented  in  the  Government,  Kazakhs 
hold  the  majority  of  leadership  positions.  After  an  October  government  reorganiza- 
tion, only  3  of  14  government  ministries  are  headed  by  non-Kazakhs.  (In  March  the 
Government  reduced  the  number  of  ministries  from  21  to  14.)  Non-Kazakhs  are 
well-represented  in  the  Majilis  and  the  Senate. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Helsinki  Watch,  the  International  Bureau  on  Human  Rights  (formerly  the 
Kazakhstan-American  Bureau  on  Human  Rights),  and  Legal  Development  of 
Kazakhstan  are  the  most  active  of  a  small  numoer  of  local  human  rights  organiza- 
tions. They  cooperate  on  human  rights  and  legal  reform  issues.  Although  these 
groups  operated  largely  without  government  interference,  limited  financial  means 
hampered  their  ability  to  monitor  and  report  human  rights  violations.  Some  human 
rights  observers  complained  that  the  (Jovemment  monitored  their  movements  and 
telephone  calls. 

The  Government  permitted  international  and  foreign  nongovernmental  organiza- 
tions (NGO's)  dealing  with  human  rights  issues  to  visit  Kazakhstan  and  meet  with 
local  human  rights  groups  as  well  as  government  officials.  The  International  Labor 
Organization,  the  International  Federation  of  Red  Cross  and  Red  Crescent  Societies, 
and  the  UNHCR  have  permanent  offices  in  the  country.  The  Constitution  forbids 
"the  financing  of  political  parties  and  trade  unions  by  foreign  legal  entities  and  citi- 
zens, foreign  states  and  international  organizations."  Independent  trade  union  lead- 
er Leonid  Solomin  was  charged  with  violating  this  provision  after  he  accepted  finan- 
cial assistance  from  the  AFL-CIO's  Free  Trade  Union  Institute  (see  Section  6. a.). 

The  Civil  Code  requires  NGO's  to  register  with  the  (Government  and  most  NGO's 
are  registered;  however,  some  continue  to  operate  without  legal  standing.  Although 
some  government  officials  made  an  effort  to  work  with  domestic  and  foreign  NGO  s, 
others  continued  to  assert  that  foreign  NGO's  promote  instability.  Some  NGO's 
chose  not  to  register  because  they  objected  to  the  requirement  of  registration  in 
principle  or  because  they  do  not  have  the  money  to  pay  the  registration  fee.  Others 
believe  that  they  were  not  eligible  to  register  because  they  promoted  the  interests 
of  one  ethnic  group  or  religion  and  are  considered  by  some  to  violate  the  constitu- 
tional ban  on  inciting  social,  racial,  national,  religious,  class,  and  tribal  enmity.  The 
new  Criminal  Code  passed  in  July  criminalizes  the  activity  of  NGO's  that  are  not 
registered. 

A  presidential  commission  on  human  rights  was  reorganized  in  May  and  is  now 
led  by  a  senator.  The  commission  reached  out  to  independent  human  rights  organi- 
zations, but  made  little  progress  in  establishing  itself  as  an  ombudsman.  In  general 
the  (jrovemment  tended  to  deny  or  ignore  charges  of  specific  human  rights  abuses, 
although  the  commission  pledged  to  produce  its  own  human  rights  report.  Prior  to 
the  commission's  reorganization,  its  secretary  angered  local  human  rights  activists 
by  alleging  that  they  had  "close  ties  with  certain  international  human  rights  organi- 
zations of  a  dubious  nature  and  with  certain  financial  support  from  foreign  coun- 
tries." 

In  December  the  commission,  the  U.N.  office  in  Almaty,  and  human  rights  NGO's, 
cohosted  a  human  rights  round  table.  While  the  conference  was  poorly  attended,  es- 

Seciallv  by  government  officials,  the  fact  of  government  involvement  apparently  in- 
icated  a  nascent  awareness  of  human  rights  problems  by  government  omcials. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  states  "everyone  is  equal  before  law  and  court.  No  one  may  be 
subjected  to  any  discrimination  for  reasons  of  origin,  social  position,  occupation, 
property  status,  sex,  race,  nationality,  language,  attitude  to  religion,  convictions, 
place  01  residence  or  any  other  circumstances."  However,  the  (Government  does  not 
effectively  enforce  this  provision  on  a  consistent  basis.  The  Government  has  favored 
ethnic  Kazakhs  in  government  employment  and,  according  to  many  citizens,  in  the 
process  of  privatizing  state  enterprises. 

Women. — According  to  human  rights  CToups,  there  is  considerable  domestic  vio- 
lence against  women.  A  local  NGO,  the  Feminist  League,  estimates  that  hundreds 
of  thousands  of  women  are  the  victims  of  spousal  abuse.  Police  are  often  reluctant 
to  intervene,  considering  it  to  be  the  family's  business,  unless  they  believe  that  the 
abuse  is  life  threatening.  The  maximum  sentence  for  wife  beating  is  3  years,  but 
few  such  cases  are  prosecuted.  The  (jovemment  has  not  specifically  addressed  the 
problem.  Law  enforcement  authorities  reported  1,905  cases  of  rape  in  1996  and  ad- 
justed their  1995  figures  to  report  1,641  cases.  Ministry  of  Interior  officials  stated 
that  there  were  1,343  reported  cases  of  rape  in  the  first  9  months  of  1997.  The  pun- 


1148 

ishment  for  rape  can  range  from  4  to  15  years.  There  is  very  little  coverage  of  rape 
in  the  press,  and  rapes  often  go  unreported. 

There  is  no  legal  discrimination  against  women,  but  women  are  severely  under- 
represented  in  higher  positions  in  government  and  state  enterprises  and  overrepre- 
sented  in  low-paying  and  some  menial  jobs.  Women  have  unrestricted  access  to 
hi^er  education. 

Children. — The  Government  is  committed  in  principle  to  children's  rights,  but,  as 
in  many  other  areas,  budget  stringencies  and  otner  priorities  severely  limit  its  efiec- 
tiveness  in  dealing  with  cnildren's  issues.  There  is  no  established  pattern  of  govern- 
mental or  societal  abuse  against  children.  Rural  children  normally  work  during  har- 
vests (see  Section  6.d.). 

People  With  Disabilities. — Citizens  with  disabilities  are  entitled  by  law  to  assist- 
ance from  the  State.  There  is  no  legal  discrimination  against  people  with  disabil- 
ities, but  in  practice  employers  do  not  give  them  equal  consideration.  There  are  laws 
mandating  tne  provision  of  accessibility  to  public  buildings  and  commercial  estab- 
lishments for  the  disabled,  but  the  Government  does  not  enforce  these  laws.  Dis- 
abled persons  are  a  low  priority  for  the  Government.  Mentally  ill  and  mentally  re- 
tarded citizens  can  be  committed  to  institutions  run  by  the  State.  These  institutions 
are  poorly  run  and  inadequately  funded.  The  NGO,  International  Bureau  on  Human 
Rights,  reported  that  the  Government  provides  almost  no  care  for  the  mentally  ill 
and  mentally  retarded  due  to  a  lack  of  funds. 

National  / Racial  / Ethnic  Minorities. — The  population  is  between  16  and  17  million 
and  consists  of  approximately  45  percent  Kzakhs  and  35  percent  ethnic  Slavs  (Rus- 
sians, Ukrainians,  Belorussians,  and  others),  with  many  other  ethnic  groups  rep- 
resented. In  May,  for  what  appeared  to  be  political  reasons,  the  Government  an- 
nounced that  ethnic  Kazakhs  composed  51  percent  of  the  population;  most  neutral 
observers  agree  that  this  figure  is  not  accurate. 

The  Government  continued  to  discriminate  in  favor  of  ethnic  Kazakhs  in  govern- 
ment employment,  where  ethnic  Kazakhs  predominate,  as  well  as  in  education, 
housing,  and  other  areas.  However,  the  Government  has  continued  to  back  away 
from  its  "Kazakhification"  campaign  of  the  first  year  of  independence.  President 
Nazarbayev  has  publicly  emphasized  that  all  nationalities  are  welcome,  but  many 
non-Kazakhs  are  anxious  about  what  they  perceive  as  expanding  preferences  for 
ethnic  Kazakhs.  Many  ethnic  Kazakhs,  however,  believe  that  such  affirmative  action 
is  needed  to  reverse  200  years  of  discrimination. 

In  December  representatives  of  the  Chechen  and  Ingush  communities  complained 
that  law  enforcement  authorities  unfairly  singled  them  out  as  violators  of  tne  law. 
Law  enforcement  officials  denied  the  allegations,  noting  that  violators  of  the  law  are 
not  divided  by  ethnic  group. 

Most  of  the  population  speaks  Russian;  only  about  one-half  of  ethnic  Kazakhs 
speak  Kazakh  fluently.  According  to  the  (Constitution,  the  Kazakh  language  is  the 
state  language.  The  (constitution  states  that  the  Russian  language  is  omcially  used 
on  a  basis  equal  with  that  of  the  Kazakh  language  in  organizations  and  bodies  of 
local  self-administration.  This  slight  increase  in  the  status  of  the  Russian  language 
(from  its  previous  status  as  the  Republic's  "language  of  interethnic  communication') 
did  not  satisfy  some  ethnic  Russian  Kazakhstanis  who  had  hoped  that  Russian 
would  be  designated  as  a  second  state  language.  The  (government  is  encouraging 
more  education  of  children  in  the  Kazakh  language,  but  has  done  little  to  provide 
Kazakh-language  education  for  adults. 

In  June  a  language  law  intended  to  strengthen  the  use  of  Kazakh  without  infring- 
ing on  the  rights  of  citizens  to  use  other  languages  was  passed  by  Parliament  and 
signed  into  law  by  the  President.  Although  introduction  of  the  legislation  in  1996 
created  anxiety  among  many  citizens — ^particularly  among  ethnic  Slavs — the  final 
version  of  the  bill  ofiiended  few.  The  bill  does  not  appropriate  sufficient  funding  to 
make  Kazakh  language  education  universal.  The  Parliament  deleted  the  bill's  most 
controversial  provision — the  immediate  establishment  of  a  list  of  government  posi- 
tions that  must  be  held  by  individuals  fluent  in  Kazakh  by  a  specific  date.  Instead, 
the  Parliament  is  to  compile  a  list  of  positions  requiring  Kazakh  language  fluency 
at  some  time  in  the  future. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  the  Labor  Code  provide  for 
basic  worker  rights,  including  the  right  to  organize  and  the  right  to  strike.  In  De- 
cember the  Grovernment  withdrew  the  latest  draft  Labor  Code  from  consideration 
after  sharp  criticism  from  parliamentary  deputies  and  returned  it  to  the  Ministry 
of  Labor  to  be  redrafted. 

Most  workers  remained  members  of  state-sponsored  trade  unions  established  dur- 
ing the  Soviet  period,  when  membership  was  obligatory.  At  most  enterprises,  the 


1149 

state-sponsored  unions  continued  to  deduct  1  percent  of  each  worker's  wage  as  dues. 
In  addition  the  Government  withholds  30  percent  of  each  woriier's  wage,  85  percent 
of  which  is  for  the  state  pension  fund,  5  percent  for  social  insurance,  and  10  percent 
for  health  care.  An  additional  2  percent  of  each  worker's  wage  is  withheld  for  the 
unemployment  fund.  The  state  unions  under  the  Communist  system  were,  and  for 
the  most  part  still  are,  organs  of  the  Government,  and  work  with  management  to 
enforce  labor  discipline  and  to  discourage  workers  from  forming  or  joining  independ- 
ent unions. 

The  law  gives  workers  the  right  to  join  or  form  unions  of  their  choosing  and  to 
stop  the  automatic  dues  deductions  for  the  state  unions.  However,  enterprises  often 
continue  to  withhold  dues  for  the  state-sponsored  union  in  spite  of  requests  from 
individual  workers  to  stop  the  deduction.  The  Independent  Trade  Union  Center  of 
Kazakhstan  claims  membership  of  about  500,000  out  of  a  total  work  force  of  about 
5.6  million;  however,  the  actual  number  of  independent  trade  union  members  is  esti- 
mated to  be  closer  to  70,000.  To  obtain  legal  status,  an  independent  union  must 
apply  for  registration  with  the  local  judicial  authority  at  the  oblast  level  and  with 
the  Ministry  of  Justice.  Registration  is  generally  lengthy,  difficult,  and  expensive. 
The  decision  to  register  a  union  appears  to  be  arbitrary,  with  no  published  criteria. 
Although  no  unions  appear  to  have  been  denied  registration,  the  independent  trade 
union  center  had  difficulty  registering  and  a  labor  union  in  Kapchaeai  waited  5 
months  to  be  registered.  The  two  major  independent  trade  union  confederations  are 
registered.  Judicial  authorities  and  the  Ministry  of  Justice  have  the  authority  to 
cancel  a  union's  registration;  however,  there  is  no  evidence  that  the  Ministry  of  Jus- 
tice has  used  this  authority. 

The  law  does  not  provide  mechanisms  to  protect  workers  who  join  independent 
unions  from  threats  or  harassment  by  enterprise  management  or  state-run  unions. 
Members  of  independent  unions  have  been  dismissed,  transferred  to  lower  paying 
or  lower  status  jobs,  threatened,  and  intimidated.  According  to  independent  union 
leaders,  state  unions  work  closely  with  management  to  ensure  that  independent 
trade  union  members  are  the  first  fired  in  times  of  economic  downturn. 

A  1S95  tripartite  agreement  between  labor,  management,  and  the  Government, 
designed  to  help  resolve  labor  issues  and  disputes,  remained  moribund.  EfTorts  to 
revive  the  agreement  were  unsuccessful  and  the  tripartite  agreement  failed. 

Unions  and  individual  workers  exercised  their  right  to  strike  in  1997,  primarily 
to  protest  the  nonpayment  of  wages  and  in  an  attempt  to  recover  back  wages  owed 
to  workers.  Nonpayment  of  wages  continued  to  be  the  priority  issue  for  workers. 
Miners'  strikes  in  the  coal  mining  region  of  Karaganda  continued  throughout  the 
year.  According  to  the  law,  workers  may  exercise  the  right  to  strike  only  if  a  labor 
dispute  has  not  been  resolved  by  means  of  existing  conciliation  procedures.  In  addi- 
tion the  law  requires  that  employers  be  notified  that  a  strike  is  to  occur  no  less  than 
15  days  before  its  commencement.  There  were  numerous  unsanctioned  strikes 
throughout  the  country  to  protest  the  nonpayment  of  wages.  In  February  106  work- 
ers at  the  Karaganda  heat  and  power  plant  went  on  strike  to  protest  the  nonpay- 
ment of  wages.  In  March  1,500  teachers  who  had  not  received  salaries  for  several 
months  went  on  strike  in  Semipalatinsk.  In  May  the  Kapchagai  city  prosecutor  at- 
tempted to  sue  the  employees  of  the  power  convpany  for  organizing  an  illegal  strike 
to  protest  the  problem  of  unpaid  wages.  The  Kapchagai  city  court  ruled  that  the 
strike  was  illegal  and  that  the  company  would  not  have  to  pay  the  workers  for  the 
days  on  which  the  strike  took  place.  The  workers  appealed  the  decision  and  the  pro- 
vincial court  upheld  their  appeal.  The  city  prosecutor  appealed  the  decision  and  the 
case  was  returned  to  the  Kapchagai  city  court.  No  final  decision  has  been  made,  but 
none  of  the  workers  involved  have  been  fined  or  dismissed. 

On  October  1,  about  1,000  workers  of  the  Achpolimetal  Metallurgical  Plant  began 
a  600  mile  march  from  Kentau  to  Almaty  to  protest  the  nonpayment  of  wages.  The 
plant  is  being  operated  by  a  Swedish  company  under  a  management  contract.  The 
workers  were  stopped  by  police  5  miles  from  Kentau.  They  refused  to  move  until 
10  months'  of  back  wages,  totaling  about  $1.6  million  (120  million  tenge)  were  paid. 
On  October  31,  the  Government  and  Swedish  company  agreed  to  pay  all  wage  ar- 
rears and  the  workers  returned  home.  However,  on  November  15,  tne  Kentau  Pros- 
ecutor General's  office  accused  five  independent  trade  union  leaders  of  organizing 
the  march  without  the  permission  of  the  authorities.  The  Kentau  city  court  refused 
to  hear  the  case.  The  Prosecutor  General's  office  appealed  and  the  provincial  court 
ruled  that  the  protest  march  was  unsanctioned  and  illegal.  The  provincial  court's 
decision  was  appealed  to  the  Supreme  Court  and  a  decision  is  pending.  There  have 
been  no  arrests  made  in  the  case. 

As  a  result  of  their  inability  to  pay  salaries,  many  enterprises  continued  to  pay 
wages  in  scrip  rather  than  in  cash,  a  practice  at  odds  with  International  Labor  Or- 
ganization Convention  95  on  the  protection  of  wages  other  than  in  the  legal  cur- 


1150 

rency  without  the  express  consent  of  the  workers.  Enterprise  directors  claimed  that 
the  enterprises  were  not  being  paid  in  cash  by  their  traditional  trading  partners  in 
other  parts  of  the  former  Soviet  Union,  which  were  also  experiencing  cash  flow  dif- 
ficulties as  a  result  of  the  general  economic  crisis.  The  scrip  was  often  not  accepted 
at  stores  or  was  accepted  only  at  devalued  levels. 

By  law  unions  may  freely  join  federations  or  confederations  and  affiliate  with 
international  bodies.  Most  independent  trade  unions  belong  to  the  Indep>endent 
Trade  Union  Center  of  Kazakhstan  (ITUCK)  headquartered  in  Almaty.  The  Inde- 

6endent  Miners'  Federation  of  Kazakhstan  and  the  State  Miners'  Union  of 
Karaganda  are  members  of  the  Miners'  International  Federation.  The  unions  be- 
longing to  the  ITUCK  are  not  members  of  international  federations  but  do  maintain 
contacts  with  foreign  trade  union  federations. 

Independent  unions  complain  about  a  orovision  in  the  Constitution  that  forbids 
the  financing  of  trade  unions  by  foreign  legal  entities  and  citizens,  foreign  states, 
and  international  organizations.  Since  independence,  independent  trade  unions  have 
received  financial  assistance  from  the  AFL-CIO's  Free  Trade  Union  Institute 
(FTUI).  Most  of  this  assistance  ended  in  1996  when  FTUI  funding  was  reduced. 
Since  then  independent  trade  unions  have  sought  new  means  of  support.  Some  asso- 
ciations of  trade  unions  were  able  to  receive  financing  from  foreign  sources  by  reg- 
istering as  "public  organizations"  rather  than  labor  unions. 

On  January  6,  in  what  was  interpreted  by  human  rights  activists  as  a  govern- 
ment attempt  to  suppress  the  independent  trade  union  movement.  Independent 
Trade  Union  Center  leader  Leonid  Solomin  was  charged  with  violating  currency 
laws  (by  paying  his  workers  in  dollars)  and  the  constitutional  ban  on  obtaining  fi- 
nancial support  from  foreign  sources,  in  this  case,  the  AFL-CIO's  FTUI.  Solomin 
had  organized  several  protest  demonstrations  in  the  fall  of  1996.  The  KNB  opened 
an  investigation,  froze  Solomin's  trade  union  and  personal  bank  accounts,  and  ques- 
tioned Solomin  and  his  staff  over  several  months  about  the  case.  Solomin  reported 
that  during  the  investigation,  his  home  was  burglarized  and  personal  records  stolen. 
In  September  the  Government  closed  the  case  due  to  a  lack  of  evidence  of  wrong- 
doing and  dropped  all  charges. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — There  are  significant  limits 
on  the  ri^t  to  organize  and  bargain  collectively.  Most  large  scale  enterprises  have 
been  privatized  or  rented  to  foreign  companies  under  management  contracts  and  are 
no  longer  entirely  dependent  on  state  production  orders.  Collective  bargaining  rights 
are  not  spelled  out  in  the  law,  although  in  some  instances  unions  successfully  nego- 
tiated agreements  with  management.  If  a  union's  demands  are  not  acceptable  to 
management,  it  may  present  those  demands  to  an  arbitration  commission  composed 
of  management,  union  officials,  and  independent  technical  experts.  Unions  routinely 
appealed  to  arbitration  commissions.  In  October  workers  from  Kentau  successfully 
resolved  through  an  arbitration  commission  their  complaints  regarding  10  months 
of  unpaid  wages.  There  is  no  legal  protection  against  antiunion  discrimination. 

There  are  no  export  processing  zones.  Several  free  economic  zones  enjoy  all  the 
privileges  of  export  processing  zones,  as  well  as  other  tax  privileges  and  abatements, 
but  labor  conditions  there  appear  to  be  no  different  than  elsewhere  in  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  prohibits  forced 
labor  except  "at  the  sentence  of  the  court  or  in  the  conditions  of  a  state  of  emergency 
or  martial  law,"  and  it  is  generally  not  known  to  occur.  However,  in  northern 
Kazakhstan  some  persons  were  still  required  to  provide  labor  or  the  use  of  privately 
owned  equipment  with  no,  or  very  low,  compensation  to  help  gather  the  annual 
grain  harvest. 

The  Constitution  does  not  specifically  prohibit  forced  and  bonded  labor  by  chil- 
dren, but  such  practices  are  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  employment  is  16  years.  A  child  under  age  16  may  work  only  with 
the  permission  of  the  local  administration  and  the  trade  union  in  the  enterprise  in 
which  the  child  would  work.  Such  permission  is  rarely  granted.  Although  the  Con- 
stitution does  not  specifically  prohibit  forced  and  bonded  labor  by  children,  there 
were  no  reports  of  such  practices  (see  Section  6.c.).  Abuse  of  child  labor  is  generally 
not  a  problem,  although  child  labor  is  routinely  used  in  agricultural  areas,  especially 
during  harvest  season. 

e.  Acceptable  Conditions  of  Work. — In  1997  the  Government  resumed  publication 
of  a  minimum  wage.  In  May  the  minimum  monthly  wage  was  approximately  $27.46 
(2,060  tenge).  This  was  a  sizable  increase  over  previous  years,  but  still  far  from  suf- 
ficient to  provide  a  decent  standard  of  living  for  a  worker  and  family. 

TTie  legal  maximum  workweek  is  48  hours,  although  most  enterprises  maintained 
a  40-hour  workweek,  with  at  least  a  24-hour  rest  period.  The  Constitution  provides 


1151 

that  labor  agreements  stipulate  the  length  of  working  time,  vacation  days,  holidays, 
and  paid  annual  leave  for  each  worker. 

Although  the  Constitution  provides  for  the  right  to  "safe  and  hygienic  working 
conditions,"  working  and  safety  conditions  in  the  industrial  sector  are  substandard. 
Safety  consciousness  is  low.  Workers  in  factories  usually  do  not  wear  protective 
clothing,  such  as  goggles  and  hard  hats,  and  worii  in  conditions  of  poor  visibility 
and  ventilation.  Management  largely  ignores  regulations  concerning  occupational 
health  and  safety,  enforceable  by  the  Ministry  of  Labor  and  the  state-sponsored 
unions.  Workers,  including  miners,  have  no  legal  ri^t  to  remove  themselves  from 
dangerous  work  situations  without  jeopardy  to  continued  employment. 


KYRGYZ  REPUBLIC 

The  KyiTgyz  Republic  became  an  independent  state  in  1991.  Although  the  1993 
Constitution  defines  the  form  of  government  as  a  democratic  republic  with  substan- 
tial civil  rights  for  its  citizens,  the  President,  Askar  Akayev,  dominates  the  govern- 
ment. Akayev  was  reelected  in  December  1995  in  an  open,  multicandidate  presi- 
dential election,  which  was  marred,  however,  by  deregistration  of  three  rival  can- 
didates immediately  prior  to  the  vote.  Also  in  1995,  a  new,  two-chamber  Parliament 
was  elected  for  a  5-year  term.  The  Constitution  was  amended  by  referendum  in  Feb- 
ruary 1996  to  strengthen  substantially  the  presidency  and  define  the  role  of  Par- 
liament. However,  the  referendum  was  marred  by  serious  irregularities.  In  1995  a 
Constitutional  Court  was  sworn  in,  and  a  reform  program  was  implemented  to  im- 
prove the  quality  of  the  judiciary  in  1996.  While  Parliament  has  become  increas- 
ingly active,  the  balance  of  power  resides  in  the  office  of  the  President.  The  judiciary 
is  dominated  by  the  executive  branch. 

Law  enforcement  responsibilities  are  divided  between  the  Ministry  of  Internal  Af- 
fairs (MVD)  for  general  crime,  the  Ministry  of  National  Security  (MNB)  for  state- 
level  crime,  and  the  procurator's  office  for  both  types  of  crime.  Both  the  MVD  and 
the  MNB  deal  with  corruption  and  organized  crime.  These  ministries  inherited  their 
personnel  and  infrastructure  from  their  Soviet  predecessors.  Both  appear  to  be 
under  the  full  control  of  the  Government  and  usually  conform  their  actions  to  the 
law.  KjTB^zstani  borders  are  manned  by  Russian  border  troops  under  an  agreement 
with  the  Russian  Federation.  The  Government  has  little  authority  over  these  troops, 
who  sometimes  enforce  their  own  rules  rather  than  Kyrgyzstani  law. 

The  Kyrgyz  Republic  is  a  poor,  mountainous  country  with  a  predominantly  agri- 
cultural economy.  Cotton,  wool,  and  meat  are  the  main  agricultural  products  and 
exports.  Other  exports  include  gold,  mercury,  antimony,  uranium,  and 
hydroelectricity.  The  Government  has  carried  out  progressive  market  reforms.  The 
moderate  growth  apparent  in  most  sectors  has  increased,  and  economic  reform  is 
now  accepted  by  the  general  public.  However,  the  level  of  hardship  for  pensioners, 
unemployed  workers,  and  government  workers  with  salary  arrearages  continues  to 
be  very  high.  Foreign  assistance  plays  a  significant  role  in  the  country's  budget. 

The  Government  generally  respected  the  human  rights  of  its  citizens  in  many 
areas,  but  there  were  problems  with  citizens'  limited  ability  to  change  their  govern- 
ment, freedom  of  speech  and  the  press,  due  process  for  the  accused,  religious  free- 
dom, and  ethnic  discrimination.  Prison  conditions  remained  poor.  As  in  the  past,  but 
with  increasing  frequency,  journalists  were  tried,  arrested,  and  convicted  under 
criminal  rather  than  civil  statutes  for  libeling  government  officials  or  other  promi- 
nent citizens.  However,  in  a  number  of  cases  journalists  received  reduced  sentences 
on  appeal  or  by  pardon.  At  year's  end,  a  journalist  who  previously  was  serving  a 
sentence  under  criminal  libel  had  been  amnestied,  but  eight  other  cases  were  an- 
nounced by  the  President's  press  secretary  as  pending.  In  a  number  of  cases,  the 
accused  were  held  for  months  without  bail  before  their  trials.  The  Constitution  was 
amended  illegally  in  a  1996  referendum  marred  by  irregularities.  In  general  execu- 
tive domination  of  the  judiciary  made  assurances  of  due  process  problematic.  Local 
"Srillage  elders'  courts"  levied  harsh  sentences  beyond  their  mandate,  but  abuses 
such  as  torture  and  death  sentences  by  stoning  apparently  have  abated.  Although 
sanctioned  by  the  Government,  elders'  courts  are  not  part  of  the  regular  judicial 
structure,  and  the  Government  has  made  efforts  to  curtail  their  activities.  The  Gov- 
ernment does  not  fully  protect  freedom  of  religion.  Concerns  about  ethnic  discrimi- 
nation remain,  but  in  general,  the  situation  of  minorities  has  improved  and  emigra- 
tion rates  have  stabilized  at  a  low  level.  Violence  against  women  is  a  problem  that 
authorities  often  ignore.  There  is  a  growing  number  of  street  children. 


1152 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices.  There  were  credible  reports  of  police  bru- 
tality but  these  could  not  be  substantiated.  There  are  credible  reports  of  police  vio- 
lence against  detained  suspects,  a  holdover  from  the  Soviet  era. 

Prison  conditions  (including  food  shortages  and  lack  of  heat  and  other  necessities) 
are  poor,  but  not  so  bad  as  to  constitute  cruelty.  Those  detained  by  the  ND^,  rather 
than  the  MVD  are  kept  in  an  MNB  facility;  after  conviction,  they  go  to  a  regular 
prison. 

Procedures  for  prison  visits  are  not  well  established.  In  principle  visitors  are  sel- 
dom permitted.  However,  some  citizens,  including  local  human  rights  activists, 
claim  that  they  usually  can  obtain  official  permission  for  a  visit  through  personal 
connections  with  the  MVD.  The  Criminal  Procedure  Code  of  1994  is  based  on  the 
Soviet-era  Criminal  F*rocedure  Code  and  established  the  right  for  attorney-client  vis- 
its of  unlimited  number  and  duration.  In  practice,  however,  an  attorney  must  obtain 
official  permission  for  every  visit. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  judicial  system  continues  to  operate, 
in  many  cases,  under  Soviet  laws  and  procedures,  and  authorities  generally  respect 
these  provisions  in  practice.  The  prosecutor's  office  determines  who  may  be  de- 
tained, arrested,  and  prosecuted.  The  Interior  Ministry,  the  MNB,  and  the  General 
Procurator  carry  out  investigations.  Since  1990  persons  arrested  or  charged  with 
crimes  have  the  right  to  defense  counsel.  The  prosecutor's  office  responsible  for  the 
investigation  often  nominates  the  defense  counsel,  who  is  required  to  visit  the  ac- 
cused within  the  first  3  days  of  incarceration.  However,  sometimes  the  accused  first 
sees  defense  counsel  only  at  the  trial. 

The  Criminal  Code  permits  the  procurator  to  detain  suspects  for  72  hours  before 
releasing  them  or  accusing  them  of  a  crime.  The  procurator  must  issue  an  arrest 
warrant  before  a  person  can  be  detained.  If  a  suspect  is  charged,  the  procurator 
must  advise  defense  counsel  immediately.  The  accused  usually  remains  in  detention 
while  the  prosecutor  investigates  and  prepares  the  case  for  presentation  in  court. 
The  prosecutor  has  discretion  to  keep  tne  accused  in  pretrial  detention  for  up  to  1 
year,  but  there  are  conditions  for  provisional  release  before  trial.  After  1  year,  the 
procurator  must  release  the  accused  or  ask  Parliament  to  extend  the  period  of  de- 
tention. Since  independence,  there  have  been  no  known  instances  in  which  Par- 
liament has  been  asked  to  extend  a  detention. 

Two  days  before  the  1995  presidential  elections,  the  campaign  chairman  of  an  op- 

¥osition  candidate,  as  well  as  a  campaign  worker,  were  arrested  while  campaigning, 
he  two  were  charged  with  libeling  the  President  by  handing  out  leaflets  saying 
that  President  Akayev  was  ethnically  Kazakh.  The  accused  and  their  colleagues  de- 
nied having  any  leaflets.  The  two  men  were  detained  without  bail  (even  though  bail 
is  usually  available  in  cases  of  non-violent  crimes)  for  4  months  and  were  allowed 
no  visitors  other  than  spouses  or  attorneys.  In  April  1996,  they  were  convicted  of 
libel  and  sentenced  to  1-year  suspended  sentences.  A  third  person  was  arrested  in 
February  1996  on  similar  charges  and  held  without  bail  until  his  conviction  in  July 
1996,  at  which  time  he  was  also  given  a  1-year  suspended  sentence. 
The  government  does  not  employ  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — ^The  Constitution  provides  for  an  independent  judi- 
ciary; however,  the  court  system  remains  largely  unreformed,  and  the  executive 
branch  dominates  the  judiciary. 

Cases  originate  in  local  courts;  they  may  move  to  appeals  courts  on  the  district 
or  regional  level,  and  finally  to  the  Supreme  Court.  Separate  courts  of  arbitration 
handle  civil  disputes,  and  traditional  elders'  courts  handle  low-level  crime  in  rural 
areas. 

The  procurator  brings  the  case  to  court  and  tries  it  before  a  judge  and  two  peo- 
ple's assessors  (pensioners  or  citizens  chosen  from  labor  collectives).  The  accused 
and  defense  counsel  have  access  to  all  evidence  gathered  by  the  prosecutor.  They 
attend  all  proceedings,  which  are  generally  public,  and  are  allowed  to  question  wit- 
nesses and  present  evidence.  In  fact  nearly  anyone  in  the  courtroom  may  be  allowed 
to  question  witnesses.  Witnesses  do  not  always  recapitulate  their  evidence  in  court; 
instead  they  affirm  or  deny  their  statements  in  the  prosecutor's  files.  Defendants 
in  criminal  cases  are  sometimes  treated  in  a  demeanmg  manner  by  being  kept  in 
cages  in  the  courtroom. 


1153 

The  court  may  render  one  of  three  decisions:  innocent,  guilty,  or  indeterminate, 
i.e.,  the  case  is  returned  to  the  procurator  for  further  investigation.  In  May  1996, 
the  Constitutional  Court  ruled  tnat  only  the  defense  has  the  right  of  appeal.  The 
decision  of  a  court  to  return  a  case  to  the  procurator  for  further  investigation  may 
not  be  appealed,  and  the  accused  are  returned  to  the  procurator's  custody,  where 
they  may  remain  under  detention. 

The  procurator,  not  the  judge,  is  in  charge  of  criminal  proceedings.  Thus,  the 


very 
.     „  „  „         .  citizens 

that  allbut  a  very  few  scrupulously  honest  judges  are  open  to  oribes. 

In  the  past,  local  elders  courts  have  exceeded  their  authority  by  trying  major 
crimes,  using  torture  to  extract  confessions,  or  even  levying  capital  punishment. 
While  there  were  no  reports  of  abuses  this  year,  many  oi  the  elders'  courts  are  lo- 
cated in  remote  remona,  making  monitoring  and  supervision  by  prosecutors'  offices 
extremely  difficult.  It  is  unlikely  that  these  courts  receive  proper  oversight. 

The  Government  has  begun  to  reform  the  judicial  system.  Generally  accepted 
international  practices,  including  the  presumption  of  the  innocence  of  the  accused, 
have  been  introduced.  Judges  do  not  hold  positions  for  life.  As  provided  in  the  Con- 
stitution, terms  for  judges  range  from  15  years  for  Constitutional  Court  judges  to 
3  years  for  first  term  local  judges.  A  new  system  of  court  administration  is  being 
instituted,  and  sitting  judges  are  being  tested  on  their  knowledge  of  the  law  and 
new  civil  codes.  If  they  fail  these  tests,  they  are  removed  from  office.  The  process 
appears  to  have  increased  judicial  professionalism  and  a  number  of  judges  have 
been  removed  due  to  poor  performance  on  the  exams.  Some  dismissals,  however,  ap- 

gear  to  have  been  suojective,  but  most  lawyers  and  judges  consider  the  system  to 
e  a  fair  measure  of  competence.  In  what  may  be  an  indication  of  growing  judicial 
independence,  the  Constitutional  Court  ruled  in  November  1996  that  the  speaker 
of  the  legislative  lower  house  had  been  unconstitutionally  elected,  since  mandated 
parUamentary  procedure  had  not  been  followed.  The  legislature  accepted  the  Court's 
ruling  and  elected  a  new  speaker. 

The  appointment  of  ethnic  Kyrgyz  to  key  positions  in  the  judicial  system  has  led 
to  charges  by  non-Kyi^z  that  tne  system  is  arbitrary  and  unfair,  and  that  the 
courts  treat  Kyrgyz  more  leniently  than  members  of  other  groups.  Although  system- 
atic discrimination  is  not  clearly  evident,  it  is  credible  in  some  cases.  There  are  also 
complaints,  by  Uzbeks  and  even  by  ethnic  Kyrgyz,  that  the  south  is  underrep- 
resented  in  the  judiciary. 

Economic  crimes  such  as  tax  evasion,  embezzlement,  or  theft  of  government  prop- 
erty are  common.  Prosecution  for  these  crimes,  however,  is  relatively  rare,  and 
sometimes  appears  to  be  directed  at  opponents  of  the  Government.  Legislators  have 
used  their  parliamentary  immunity  to  avoid  being  brought  to  court. 

Many  observers  consider  opposition  activist  Topchubek  Turgunaliyev  to  be  a  polit- 
ical prisoner.  On  January  8,  Turgunaliyev  was  convicted  oi  embezzlement,  fraud, 
and  abuse  of  position,  stenuning  from  his  service  as  a  university  rector  in  1994. 
(Turgunaliyev  was  also  convicted  in  April  1996  of  defaming  President  Akayev  and 
received  a  1-year  suspended  sentence.)  He  was  arrested  in  December  1996  after  or- 
ganizing a  demonstration  in  Bishkek  to  protest  high  unemployment  and  nonpay- 
ment of  pensions.  The  charges  on  which  he  was  convicted  had  been  brought  pre- 
viously, but  dismissed  for  lack  of  evidence.  The  timing  of  the  case,  the  lack  of  new 
evidence,  and  the  disproportionately  severe  sentence  (for  alleged  embezzlement  of 
$10,000)  suggested  that  the  prosecution  was  politically  motivated.  Turgunaliyev  was 
serving  his4-year  (reduced  from  10-year)  sentence  in  mternal  exile  at  a  penal  colony 
in  a  remote  region  of  Jalalabad  oblast,  but  was  released  in  November  and  is  now 
residing  at  his  home  in  Bishkek  on  parole,  required  to  report  to  government  authori- 
ties once  a  month. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  unlawful  entry  into  a  home  against  the  wishes  of  the  occu- 
pant and  states  that  a  person's  private  life,  privacy  of  correspondence,  and  tele- 
phonic and  telegraphic  communications  are  protected.  The  law  and  procedures  re- 
c^uire  the  General  Procurator's  approval  for  wiretaps,  searches  of  homes,  intercep- 
tion of  mail,  and  similar  acts.  A  change  in  the  law  in  1995  weakened  these  protec- 
tions by  allowing  the  procurator  to  give  approval  for  searches  over  the  telephone; 
thus  no  written  proof  exists  to  verify  that  the  search  was  approved.  Furthermore, 
in  certain  cases,  law  enforcement  officers  may  first  carry  out  a  search  and  then  get 
approval  within  24  hours.  If  approval  is  not  given,  any  evidence  seized  is  inadmis- 
sible in  court. 

Personnel  and  organizations  responsible  for  violations  during  the  Soviet  period 
have  remained  largely  in  place;  however,  no  widespread  or  systematic  violations  of 


1154 

the  privacy  of  citizens  were  reported.  There  were  concerns  by  citizens  active  in  poli- 
tics or  human  rights  issues  that  the  privacy  of  their  communications  was  violated, 
but  evidence  is  not  available. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — On  December  6,  President  Akayev  vetoed  a  new 
draft  media  law,  which  would  have  further  restricted  journalistic  freedom.  His  ac- 
tion leaves  in  effect  a  1992  law  which  calls  for  freedom  of  the  press  and  mass  media 
but  also  provides  guidelines  proscribing  publication  of  certain  information.  The  law 
supports  the  right  of  journalists  to  obtain  information,  to  publish  without  prior  re- 
straint, and  to  protect  sources.  However,  it  also  contains  provisions  that  the  Govern- 
ment used  to  restrict  press  freedom.  For  example  the  law  prohibits  publication  of 
material  that  advocates  war,  violence,  or  intolerance  toward  ethnic  or  reli^ous 
groups;  desecration  of  national  norms,  ethics,  and  symbols,  such  as  the  national 
seaJ,  anthem,  or  flag;  publication  of  pornography;  and  publication  of  "false  informa- 
tion." The  law  also  states  that  the  press  should  not  violate  the  privacy,  honor,  or 
dignity  of  individuals.  It  requires  all  media  to  register  with  the  Ministiy  of  Justice 
and  to  await  the  Ministry's  approval  before  beginning  to  operate.  The  Ministry  has 
ruled  that  foreign  entities  are  not  entitled  to  register.  An  amendment  to  the  Con- 
stitution makes  the  dignity  of  presidents  or  former  presidents  inviolable. 

Criminal  libel  is  not  a  private  action.  As  a  criminal  charge,  such  an  action  must 
have,  at  the  least,  the  consent  of  a  prosecutor's  office.  At  times  other  government 
agencies  app>ear  to  have  been  involved  in  specific  cases  of  criminal  libel. 

There  are  approximately  40  to  50  independent  newspapers  and  magazines,  includ- 
ing some  with  local,  not  national,  standing.  There  are  also  a  few  hours  daily  of  inde- 
pendent television  broadcasting  and  some  independent  radio  stations.  However, 
state  television  and  radio  and  government  newspapers  receive  government  sub- 
sidies, which  permit  the  Government  to  influence  media  coverage.  Additionally,  the 
state  printing  house,  Uchlan,  is  the  only  place  to  print  newspapers.  Thus,  the  Gov- 
ernment could  be  in  a  position  to  control  or  pressure  even  the  independent  news- 
papers. 

Two  print  journalists  were  barred  from  practicing  their  profession  in  1995  libel 
convictions.  One  has  returned  to  journalism  (although  the  conviction  for  criminal 
libel  has  not  been  overturned),  but  the  other  has  not.  The  conviction  of  two  cam- 
paign woricers  and  one  journalist  for  criminal  defamation  of  the  President  during 
the  election  campaign  of  1995  emphasized  the  limits  to  freedom  of  speech.  These 
persons  were  given  1-year  suspended  sentences  in  1996,  then  released  (see  Section 
l.d.).  On  September  29,  the  journalist  Yrysbek  Omurzakov  was  sentenced  to  30 
months  in  a  penal  colony  for  criminal  libel  against  a  prominent  industrialist.  At 
year's  end,  this  case  remained  under  appeal.  Also  on  September  29,  the  President's 
press  secretary  announced  eight  new  cases  of  criminal  libel  against  an  opposition 
newspaper  Asaba.  An  Osh  newspaper  was  also  threatened  with  court  action  in  late 
September  for  "insulting  the  honor  and  dignity"  of  the  police  in  alleged  cases  of  drug 
corruption. 

A  vaguely  worded  new  Criminal  Code  was  passed  by  Parliament  and  si^ed  by 
President  Akayev  in  June.  It  will  take  effect  on  January  1,  1998  and  could  poten- 
tially be  used  to  prosecute  journalists  for  criticizing  government  officials.  The  exist- 
ing code  was  used  this  year  to  convict  journalists  of  criminal  libel.  In  November 
President  Akayev  publicly  requested  his  legal  department  to  draft  an  amendment 
to  the  Criminal  Code  transferring  libel  and  slander  to  the  Civil  Code. 

The  editor  of  an  opposition  newspaper  has  arranged  on  five  separate  occasions  to 
rent  space  in  Bishkek  to  reestablish  nis  newspaper,  which  had  been  suspended  by 
government  action.  On  each  occasion,  the  deal  fell  through  after  potential  landlords 
received  warnings  by  telephone  from  government  officials. 

Officials  from  the  MNB  (the  KGB  successor  organization)  have  repeatedly  con- 
tacted editors  to  discourage  "unacceptable"  types  oi  coverage.  Although  the  (jovem- 
ment's  treatment  of  journalists  occasionally  has  been  heavyhanded,  journalistic 
standards  and  ethics  remain  uneven.  For  example  it  is  not  uncommon  for  news- 
paper articles  to  be  inaccurate  or  to  contain  potentially  libelous  language.  However, 
the  number  of  criminal  libel  cases  increased  tnis  year. 

In  January  and  February,  one  newspaper,  Kattama,  was  closed  for  allegedly  pub- 
lishing pornography.  Although  regulations  on  pornography  are  not  clear,  this  case 
does  not  appear  to  have  been  politically  motivated.  Another  newspaper,  Kriminal, 
was  closed  after  one  edition  for  alleged  violations  of  the  mass  meaia  law.  The  edi- 
tion had  been  extremely  critical  of  the  President  and  his  wife,  the  Prime  Minister, 
and  other  government  officials.  In  May  the  journalists  Zamira  Sydykova  and  A. 
Alyanchikov  were  sentenced  to  18  months  in  prison  for  criminal  libel  against  a 
prominent  industrialist.  In  August  Sydykova  was  released  after  her  appeal  reduced 


1155 

the  sentence  to  the  time  she  had  already  served.  She  is  continuing  her  journalist 
activities.  Two  other  journalists  were  fined  and  forbidden  to  practice  journalism; 
they  were  subseouently  acquitted  on  appeal. 
Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Under  the  Constitution,  citi- 
zens have  the  right  to  assemble  freely  and  the  Government  generally  respects  this 
right  in  practice. 

The  Constitution  provides  for  the  right  of  association,  and  the  Government  gen- 
erally respects  this  right,  although  it  does  hinder  registration  to  some  extent. 

Permits  are  required  for  public  marches  and  gatnerings  but  are  routinely  avail- 
able. In  1996  some  peaceful  protests  took  place  outside  the  President's  office,  mostly 
consisting  of  pensioners  protesting  late  pension  payments  and  market  vendors  pro- 
testing tax  enforcement. 

There  were  a  number  of  marches  and  demonstrations  this  year  concerning  eco- 
nomic issues,  almost  invariably  involving  picketing  of  the  White  House  in  Bishkek. 
For  example,  the  Yntymak  movement  picketed  the  White  House  on  housing  and  in- 
ternal migration  issues  on  April  15.  Workers  from  the  Bishkek-Nun  bread  factory 
picketed  on  May  13  and  October  8  on  privatization  and  other  social  issues. 

The  1991  Law  on  Public  Organizations,  which  includes  labor  unions,  political  par- 
ties, and  cultural  associations,  requires  them  to  register  with  the  Ministry  of  Jus- 
tice. A  bureaucratic  mentality,  dilatory  work  habits,  and  inertia,  factors  carried  over 
from  the  Soviet  period,  probably  are  responsible  for  the  delay  some  organizations 
experience  in  registering.  Excessive  caution  by  some  officials  is  a  contributing  ele- 
ment. Ultimately  all  organizations  have  been  able  to  register,  with  the  exception  of 
a  Uighur  organization  with  the  stated  goal  of  creating  an  independent  Uighur  state 
in  northwest  China. 

c.  Freedom  of  Religion. — ^The  Constitution  and  the  law  provide  for  freedom  of  reli- 
gion and  the  right  oT  all  citizens  to  choose  and  practice  their  own  religion;  however, 
the  Government  does  not  fully  protect  these  rights.  The  Government  does  not  sup- 
port any  religion  and  expressly  forbids  the  teaching  of  religion  (or  atheism)  in  public 
schools. 

In  March  1996,  the  Government  created  a  new  State  Commission  on  Religious  Af- 
fairs, officiallv  in  order  to  promote  religious  tolerance,  protect  freedom  of  conscience, 
and  oversee  laws  on  religion.  In  its  early  months,  the  Commission  was  not  active, 
and  the  Government  appeared  to  resist  calls  by  some  Orthodox  and  Muslim  leaders 
to  limit  the  activities  oi  "sects"  and  "nontraditional  religions."  By  the  fall  of  1996, 
however,  the  Commission  became  more  active.  The  President  signed  a  decree  requir- 
ing all  religious  organizations  to  register  with  the  commission,  and  a  draft  law  on 
reugion  was  presented  to  Parliament  but  was  not  passed  in  1997.  Under  the  new 
regulations,  each  congregation  must  register  separately.  As  previously  if  a  group 
wishes  to  own  property,  open  bank  accounts,  and  otherwise  engage  in  contractual 
activities,  it  must  become  a  legal  entity  by  registering  with  the  Ministry  of  Justice. 
In  practice,  the  Ministry  has  never  registered  a  religious  organization  without  prior 
registration  by  the  Commission.  There  were  no  known  instances  this  year  oi  the 
Commission  thwarting  attempts  by  religious  groups  to  register. 

During  the  process  of  reregistration,  the  Church  of  Jesus  Christ,  once  officially 
registered,  encountered  difficulties  with  the  Commission.  A  number  of  press  articles 
have  characterized  such  groups  as  fanning  interconfessional  hatred  and  interethnic 
tensions.  The  Commission  claimed  that  it  has  a  small  staff  which  must  process 
2,000  individual  entities  from  30  religious  organizations.  It  suggested  that  the  appli- 
cation of  the  Church  of  Jesus  Christ  might  be  processed  in  February  1998. 

Muslim  leaders  complain  that  the  Commission  makes  decisions  about  religious 
events  without  consulting  them.  The  main  Baptist  organization  reported  in  1996 
that  a  congregation  of  Baptists  in  Naryn  oblast  was  denied  registration  both  by  the 
Commission  lor  Religious  Affairs  and  the  Ministry  of  Justice.  The  church  filed  law- 
suits and  appeals,  but  the  courts  upheld  the  denial  of  registration  in  1996.  The  Bap- 
tists in  Naryn  also  reported  that  in  October  1996,  police  broke  into  their  services 
and  threatened  worshipers.  The  Chairman  of  the  Commission  acknowledged  that  he 
was  aware  of  the  problems  of  the  Naryn  Baptists.  In  October  the  Commission  in- 
formed the  Baptists  that  the  group  had  been  registered  as  a  religious  organization. 
At  year's  end,  the  group  was  registered  as  a  legal  entity  with  the  Justice  and  with 
local  officials. 

Religious  leaders  note  with  concern  that  the  Commission  frequently  uses  the  term 
"national  security"  in  its  statements.  They  also  worry  that  references  to  "preserving 
interconfessional  accord"  could  be  used  by  traditional  religious  groups  to  prevent 
smaller  churches  from  registering.  Both  Christians  and  Muslims  have  expressed 
concern  about  the  State's  apparent  intention  to  tsike  a  more  intrusive  role  in  reli- 
gion. Ethnic  Kyrgyz  Christian  congregations  appear  to  face  special  barriers,  as  do 


1156 

some  Muslim  congregations  with  foreign  support.  A  small  Jewish  congregation 
meets  in  Bishkek  without  a  rabbi.  The  group  also  organizes  informal  cultural  stud- 
ies and  humanitarian  services,  chiefly  food  assistance  for  its  elderly.  This  group  has 
experienced  no  particular  difficulties  stemming  from  adverse  government  poliaes  or 
lack  of  societal  acceptance. 

The  Seventh  Day  Adventist  Church  operate  six  churches  in  Bishkek,  as  well  as 
several  elsewhere  in  the  country,  without  apparent  hindrance.  A  Roman  Catholic 
church  in  Bishkek  also  functions  unhindered. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— In  general  ^vemment  policy  allows  free  travel  within  and  outside  the 
country.  However,  certam  Soviet-era  policies  continue  to  complicate  internal  migra- 
tion, resettlement,  and  travel  abroad.  Under  the  Soviet-era  law  still  in  force,  citizens 
need  oflicial  government  permission  (a  "propiska")  to  work  and  settle  in  a  particular 
area  of  the  country.  Strictly  speaking,  the  "propiska"  affords  the  right  to  reside  in 
a  given  city  or  region.  In  addition  home  and  apartment  owners  can  legally  sell  their 

Eroperty  only  to  buyers  with  such  permission.  However,  in  practice,  many  employers 
ave  traditionally  refused  to  provide  employment  to  any  applicant  residing  illegally. 
This  law,  however,  has  not  been  enforced  recently.  People  now  move  within  the 
country,  purchase  homes,  and  sell  businesses  without  hindrance. 
There  is  no  law  on  emigration.  Administrative  procedures  permit  movement  of 

fteople;  however,  citizens  who  apply  for  passports  must  present  a  letter  of  invitation 
rom  the  country  they  intend  to  visit  or  to  wnich  they  intend  to  emigrate.  They  also 
need  an  exit  visa.  There  were  no  reports,  however,  that  citizens,  after  presenting 
such  a  letter,  were  denied  a  passport  or  an  exit  visa.  A  Soviet-era  law  prohibits  emi- 
gration within  5  years  of  working  with  "state  secrets."  No  one  is  believed  to  have 
been  barred  from  emigration  under  this  statute  in  1997. 

Emigrants  are  not  prevented  from  returning  to  Kyrgyzstan,  and  there  is  report- 
edly a  small  but  steady  flow  of  returnees.  The  Gk)vemment  cooperates  with  the  of- 
fice of  the  United  Nations  Hi^  Commissioner  for  Refugees  and  other  humanitarian 
organizations  in  assisting  refugees.  During  the  summer,  the  International  Organiza- 
tion for  Migration  also  openecTa  regional  Headquarters  in  Bishkek,  in  part  because 
of  the  cooperative  attitude  of  government  officials.  The  issue  of  first  asylum  did  not 
arise  in  1997. 

There  were  no  reports  of  forced  return  of  persons  to  countries  where  they  feared 
persecution,  or  expulsion  of  those  having  a  valid  claim  to  refugee  status,  except  in 
the  case  of  Uighur  nationalists  who  had  fled  from  China.  One  hundred  or  more 
Uighurs  were  detained  and  returned  to  China  (or  remanded  to  the  Chinese  em- 
bassy) for  alleged  visa  or  passport  irregularities,  without  being  processed  as  refu- 
gees. Clearly,  at  least  some  of  these  Uighurs  considered  themselves  to  be  refugees, 
as  they  applied  for  refugee  status.  However,  few  of  the  Uighur  refugee  applications 
were  considered  by  the  authorities  and  all  were  refused  on  technicalities.  The 
UNHCR  has  studied  the  case,  but  has  taken  no  public  position. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  constitutional  right  to  change  their  government  peacefully,  but 
have  limited  ability  to  do  so  in  practice. 

The  Constitution  mandates  presidential  elections  every  5  years.  There  is  a  two- 
term  limit.  The  President  was  reelected  to  a  second  term  in  1995  in  a  multican- 
didate  election  marred  by  irregularities.  Parliamentary  elections  are  also  held  every 
5  years.  In  1995  citizens  elected  a  new  Parliament  in  elections  marred  by  irregular- 
ities. In  February  1996,  a  referendum  was  held  that  amended  the  Constitution  to 
redistribute  power  within  the  Government.  The  referendum  violated  the  Constitu- 
tion in  force  at  the  time  and  the  Law  on  Referendums.  Voter  apathy  was  hi^,  and 
turnout  was  low.  The  results  were  reminiscent  of  the  Soviet  era,  with  a  reported 
turnout  of  98  percent,  and  an  approval  margin  of  95  percent.  Ballot  stuffing  was 
rampant. 

The  amendments  approved  in  the  1996  referendum  further  strengthened  the  for- 
mal power  of  the  President  and  his  advisors,  who  dominate  the  Government.  The 
Parliament  and  the  judiciary  tend  to  be  subordinate  to  the  executive  branch,  but 
show  increasing  signs  of  independence,  such  as  by  overriding  presidential  vetoes.  In 
comparison  witn  1996  when  tne  Parliament  passed  66  laws,  this  year  it  passed  158 
laws  (of  which  the  President  signed  only  143).  In  April  the  Parliament  overrode  a 
presidential  veto  on  a  bill  allowing  a  no-confidence  vote  on  any  government  minister 
(and  not  just  the  prime  minister).  In  December  the  Parliament  held  up  passage  of 
the  1998  budget  until  reaching  a  compromise  with  the  executive  branch.  The  over- 
whelming majority  of  local  government  officials  are  not  elected,  but  appointed  by  the 
President. 


1157  ^  1  i 

Political  parties  remain  weak.  There  were  17  registered  political  partjies;  some, 
such  as  Ata  Meken,  Asaba,  and  the  Communist  Party  were  inactive.  None  of  the 
winners  of  four  parliamentary  seats  in  by-elections  this  year  has  a  party  affiliation. 
Likewise,  parties  nominated  very  few  candidates.  In  Parliament  less  than  half  of  the 
members  (46  of  105)  claims  party  affiliation.  There  are  10  parties  represented  in 
Parliament,  but  voting  seldom  proceeds  along  strict  party  lines. 

Women  and  most  ethnic  minorities  are  underrepresented  in  government  and  poli- 
tics. Only  3  of  105  parliamentary  deputies  are  women.  The  Deputy  Prime  Minister 
for  Social  Issues,  as  well  as  the  Ministers  for  Labor  and  Justice,  are  women.  The 
Chief  Justice  of  the  Constitutional  Court  is  also  a  woman.  A  women's  group  has 
been  formed  to  recruit,  advise,  and  campaign  for  female  candidates  in  the  next  par- 
liamentary elections.  Russians  and  Uzbeks  are  underrepresented  in  government  po- 
sitions. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  findings  on  human  rights  cases.  Government  ofBcials 
are  sometimes  responsive  to  their  views.  However,  activists  sometimes  allege  that 
harassment  originates  within  government  circles.  The  fact  that  such  harassment  is 
sometimes  featured  prominently  in  the  government  press,  or  announced  by  the 
President's  press  secretary,  lends  credence  to  such  claims. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  the  rights  and  freedom  of  individuals  and  prohibits 
discrimination,  including  on  the  basis  of  language.  The  Government  expresses  a 
strong  commitment  to  protecting  the  rights  of  members  of  all  ethnic,  religious,  and 
linguistic  groups,  as  well  as  those  of  women,  but  in  practice  has  a  mixed  record. 

Women. — Research  conducted  in  1996  on  violence  against  women  showed  a  notice- 
able increase  in  such  incidents  since  independence.  Activists  note  that  rape  is  be- 
coming more  common,  with  authorities  often  ignoring  such  attacks.  Official  statis- 
tics show  little  change  in  the  number  of  crimes  against  women,  but  medical  records 
present  a  different  story,  with  increased  hospital  admissions  of  women  who  have 
been  injured  by  a  family  member.  Many  of  these  incidents  are  alcohol  related.  Such 
crimes  are  treated  by  the  normal  criminal  process  if  women  press  charges,  but  sta- 
tistics indicate  that  most  such  crimes  go  unreported.  There  are  no  shelters  for  bat- 
tered women.  The  Government  has  not  devised  a  program  to  deal  with  this  problem. 

The  law  gives  equal  status  to  women,  and  they  are  well  represented  in  the  woric 
force,  in  professions,  and  in  institutions  of  higher  learning.  Women  are  prominent 
in  law,  medicine,  accounting,  and  banking.  They  also  play  an  active  role  in  the  rap- 
idly growing  nongovernment  sector.  Nonetheless,  recently  deteriorating  economic 
conditions  have  had  a  severe  effect  on  women,  who  are  more  likely  to  lose  their  jobs. 
It  is  estimated  that  70  percent  of  the  unemployed  are  women.  Women  make  up  the 
majority  of  pensioners,  who  are  also  in  much  worse  condition  than  previously  as  in- 
flation has  eroded  pensions,  which  are  often  paid  late.  Women's  groups  express  gen- 
eral concern  about  the  situation  of  rural  women.  With  the  end  of  Communism,  tra- 
ditional attitudes  toward  women  are  reasserting  themselves  strongly  in  the  country- 
side, where  women  are  relegated  to  the  role  of  wife  and  mother  and  educational  op- 
portunities are  curtailed. 

Women's  groups  have  been  involved  in  drafting  a  family  law  intended  to  include 
sections  on  the  treatment  of  women  and  children  within  the  family.  However,  no 
significant  action  was  taken  on  this  draft  legislation  during  the  year. 

Children. — The  current  socio-economic  situation  does  not  effectively  guarantee  de- 
cent living  conditions  for  children.  Basic  needs  for  shelter,  food,  and  clothing  often 
are  not  met.  After  independence  vaccine-preventable  diseases  such  as  diphtheria, 
polio,  and  measles  reemerged.  A  range  of  serious  nutrition-related  problems  affect 
a  large  number  of  children,  especially  in  rural  areas.  Traditional  social  safety  meas- 
ures are  now  inadequate  to  cope  with  the  social  pressures  affecting  families,  and 
in  a  number  of  major  cities,  children  are  regularly  observed  begging  or  selling  ciga- 
rettes. There  are  increasing  reports  of  abandonment  due  to  parents'  lack  of  re- 
sources to  care  for  children. 

Education  is  compulsory  for  the  first  nine  years  and  the  country  has  a  97  percent 
literacy  rate.  The  education  system,  however,  has  suffered  material  and  financial 
hardships,  and  conditions  continue  to  deteriorate  due  to  an  acute  shortage  of  mate- 
rial resources. 

The  Government  continues  to  rely  on  former  Soviet  law  in  this  sphere,  but  is  find- 
ing it  increasingly  ineffective  in  dealing  with  adoption  issues,  custody  disputes,  and 


1158 

.     { 

similar  matters.  A  1994  law  on  adoption  is  still  weakly  implemented,  and  in  cases 
of  international  addption,  is  often  ignored.  Implementing  regulations,  to  the  extent 
that  they  are  stated  at  all,  are  contradictory  and  confusing. 

Human  rights  groups  and  the  Kyrgyz  Children's  Fund  monitor  the  condition  of 
children.  Human  rights  groups  note  that  children  who  are  arrested  are  usually  de- 
nied lawyers.  Police  often  do  not  notify  parents  of  the  arrest  and  neither  parents 
nor  lawyers  are  generally  present  during  questioning,  despite  laws  to  the  contrary. 
Children  are  often  intimidated  into  signing  confessions  and  sometimes  are  placed 
in  cells  with  adult  criminals  to  frighten  them. 

In  practice  children  have  restricted  rights  to  travel  abroad  until  age  16.  Before 
that  age,  they  are  not  entitled  to  their  own  passports  and  usually  travel  only  when 
accompanying  a  parent,  in  whose  passport  the  child's  data  are  recorded. 

The  Kyrgyz  Children's  Fund  (KCF)  is  concerned  about  the  growing  number  of 
street  chUdren,  many  of  whom  have  left  home  because  of  abusive  or  sucoholic  par- 
ents. Although  numbers  are  hard  to  estimate,  a  1-day  sweep  through  Bishkek  led 
to  a  count  of  700  children  of  school  age  working  during  school  hours  and  similar 
conditions  occur  in  other  urban  centers,  as  well  as  in  the  countryside.  The  KCF  has 
opened  two  shelters,  one  in  Bishkek  (for  approximately  30  children)  which  also 
helps  train  social  workers  and  one  in  Osh,  to  provide  food,  clothing,  and  schooling 
to  such  children. 

The  forced  marriage  of  underage  girls  has  become  more  common,  and  the  authori- 
ties often  ignore  this  practice.  Cultural  traditions  and  social  structures  discourage 
victims  from  going  to  the  authorities. 

Children  in  rural  areas  are  commonly  called  upon  to  pick  crops  as  needed  by  their 
family  farms. 

People  With  Disabilities. — There  is  no  special  law  to  protect  disabled  individuals, 
nor  any  law  mandating  accessibility  to  buildings  and  workplaces.  Former  Soviet  law 
remains  the  basis  for  any  resolution  of  complaints. 

Social  facilities  for  the  mentally  disabled  are  severely  strained,  as  budgets  have 
fallen  and  workloads  remain  heavy.  In  one  program  facilitated  by  foreign  volun- 
teers, local  high  school  students  have  begun  to  visit  special  institutions,  such  as 
those  for  the  mentally  disabled. 

National  / Racial  / Ethnic  Minorities. — Reported  complaints  of  discrimination  cen- 
ter on  the  treatment  of  citizens  who  are  not  ethnic  Kyrgyz.  In  an  estimated  popu- 
lation of  4.5  million,  some  58.1  percent  are  Kyrgyz,  18  percent  are  ethnic  Russians, 
13.9  percent  are  ethnic  Uzbeks,  and  the  rest  are  Ukrainians,  Tajiks,  Tatars,  Ger- 
mans, and  others.  The  latter,  non-Kyrgyz,  groups,  which  make  up  over  40  percent 
of  the  population,  are  often  called  the  Russian-speaking  minority.  Members  of  this 
minority  allege  discrimination  in  hiring,  promotion,  and  housing.  They  complain 
that  government  officials  at  all  levels  favor  ethnic  Kyrgyz.  The  predominance  of  eth- 
nic I^Tgyz  in  government  lends  weight  to  this  claim. 

Russian  speakers  (those  who  do  not  speak  Kyrgyz)  also  allege  that  a  ceiling  exists 
in  government  employment  that  precludes  their  promotion  beyond  a  certain  level. 
The  representation  of  ethnic  Kyrgyz  at  high  and  intermediate  levels  of  government 
is  disproportionately  high.  This  fact  gives  credence  to  perceptions  that  career  oppor- 
tunities are  limited  for  those  who  are  not  ethnic  Kyrgyz. 

The  Constitution  designates  Kyrgyz  as  the  state  language,  but  provides  for  preser- 
vation and  equal  and  free  development  of  Russian  and  other  languages  used  in  the 
country.  In  1996  Russian  was  also  declared,  by  presidential  decree,  an  "official"  lan- 
guage for  some  purposes.  However,  lawyers  ana  others  noted  that  no  legislation  re- 
ferred to  "official"  languages,  so  the  status  of  Russian  was  no  clearer  than  pre- 
viously. In  1997  a  draft  law  declaring  Russian  an  official  language  was  declared  con- 
stitutional by  the  Constitutional  Court.  To  date,  however,  the  law  has  been  stymied 
in  Parliament.  Nevertheless,  as  a  result  of  these  efforts  to  improve  the  status  of 
Russian,  as  well  as  diflicult  economic  conditions  in  Russia,  Russian  emigration  has 
significantly  declined,  with  some  ethnic  Russians  returning. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^The  1992  Labor  Law  provides  for  the  right  of  all 
workers  to  form  and  belong  to  trade  unions,  and  there  is  no  evidence  that  the  Gov- 
ernment has  tried  to  obstruct  the  formation  of  independent  unions.  The  Federation 
of  Trade  Unions  of  the  Kyrgyz  Republic  (The  Federation),  successor  to  the  former 
official  union,  remains  the  only  trade  union  umbrella  organization  in  the  country, 
although  unions  are  not  required  to  belong  to  it.  The  Federation  forms  one  part  of 
a  bilateral  commission,  the  Cabinet,  the  other.  Each  year  the  two  parties  sign  an 
agreement  on  "cooperation."  The  Federation  leadership  is  changing,  however,  and 
some  properties  are  being  sold.  There  is  one  small  independent  union,  the  Union 


1159 

of  Entrepreneurs  and  Small  Business  Workers,  whose  membership  numbers  in  the 
tens  of  thousands. 

The  Federation  has  been  critical  of  government  policies,  especially  privatization, 
and  their  effect  on  working  class  living  standards.  Tlie  Federation  still  regards  itself 
as  being  in  a  process  of  transition,  ouring  which  it  is  adjusting  its  relations  with 
the  Government,  with  other  unions  in  the  former  Soviet  Union,  and  with  other  for- 
eign unions.  A  growing  number  of  smaller  unions  are  not  affiliated  with  the  um- 
brella organization. 

While  the  ridit  to  strike  is  not  codified,  strikes  are  not  prohibited.  There  were 
small  strikes  oT  short  duration.  There  were  no  retaliatory  actions  against  strikers, 
nor  were  there  instances  of  human  rights  abuse  directed  at  unions  or  individual 
workers. 

The  law  permits  unions  to  form  and  join  federations  and  to  affiliate  with  inter- 
national trade  union  bodies.  It  calls  for  practices  consistent  with  international 
standards.  Since  independent  unions  are  still  in  their  infancy,  no  meanin^ul  affili- 
ation with  international  trade  union  bodies  has  taken  place. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  recognizes  the  right 
of  unions  to  negotiate  for  better  wages  and  conditions.  Although  overall  union  struc- 
ture and  practice  are  only  changing  slowly  from  those  of  the  Soviet  era,  there  is 
growing  evidence  of  active  union  participation  in  state-owned  and  privatized  enter- 
prises, fhe  Government  sets  the  minimum  wage,  and  then  each  employer  sets  its 
own  wage  level. 

The  law  protects  union  members  from  antiunion  discrimination,  and  there  were 
no  recorded  instances  of  discrimination  against  anyone  because  of  union  activities. 

There  are  free  economic  zones  (FEZ)  that  can  be  used  as  export  processing  zones. 
The  minimum  wage  law  does  not  apply  to  the  approximately  3,000  workers  in  ordi- 
nary FEZ'S. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  law  forbids  forced  or  compul- 
sory labor,  as  well  as  forced  or  bonded  labor  by  children,  and  it  is  not  known  to 
occur, 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  employment  is  18  years.  Students  are  allowed  to  work  up  to  6  hours 
per  day  in  summer  or  in  part-time  jobs  from  the  ace  of  16.  The  law  prohibits  the 
use  of  child  labor  (under  age  16);  the  Ministry  of  Education  monitors  enforcement. 
However,  families  frequently  call  upon  their  children  to  work  to  help  support  the 
family  (see  Section  5).  Forced  and  bonded  labor  by  children  is  not  believed  to  occur 
(see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  CJovemment  mandates  a  national  mini- 
mum wage  at  a  level  theoretically  sufficient  to  assure  a  decent  standard  of  living 
for  a  worker  and  family.  The  minimum  wage  is  about  $5.00  (90  soms)  per  month. 
In  practice  even  the  higher  median  wage  is  considered  insufficient  to  ensure  a  de- 
cent standard  of  living  for  a  worker  and  family.  The  Federation  is  responsible  for 
enforcing  all  labor  laws,  including  the  law  on  minimum  wages.  Minimum  wage  reg- 
ulations are  largely  observed.  However,  enforcement  of  labor  laws  is  nonexistent  in 
the  growing  underground  economy.  Market  forces  help  wages  in  the  unofficial  sector 
to  keep  pace  with  official  wage  scales. 

The  standard  workweek  is  41  hours,  usually  within  a  5-day  week.  For  state- 
owned  industries,  there  is  a  mandated  24-hour  rest  period  in  the  workweek. 

Safety  and  health  conditions  in  factories  are  poor.  Despite  the  recent  improvement 
in  economic  growth,  the  previous  deterioration  in  enforcement  of  existing  regula- 
tions continued  to  hamper  investment  to  improve  health  and  safety  standards.  A 
1992  law  established  occupational  health  ana  safety  standards,  as  well  as  enforce- 
ment procedures.  Besides  government  inspection  teams,  trade  unions  are  assigned 
active  roles  in  assuring  compliance  with  these  measures,  but  the  previous  economic 
deterioration  in  the  country  has  made  the  compliance  record  of  businesses  spotty. 
Workers  have  the  legal  right  to  remove  themselves  from  unsafe  working  conditions. 


LATVIA 

Latvia  is  a  parliamentary  democracy,  having  regained  its  independence  in  1991 
after  forced  annexation  and  more  than  50  years  of  occupation  by  the  Soviet  Union. 
Elections  for  the  100-seat  Parliament  (Saeima)  held  in  the  fall  of  1995  and  for  mu- 
nicipal council  elections  in  March  were  free  and  fair,  but  the  election  law  barred 
some  citizens  from  competing  due  to  prior  activity  in  pro-Soviet  organizations  or 
lack  of  fluency  in  the  state  language.  The  Prime  Minister,  as  chief  executive,  and 
the  Cabinet  are  responsible  for  government  operations.  The  President,  as  Head  of 


45-909    98-38 


1160 

State,  is  elected  by  the  Parliament.  The  Saeima  reelected  President  Guntis  Ulmanis 
in  a  competitive  election  in  June  1996.  The  1991  Constitutional  Law  which  supj^e- 
ments  Latvia's  1922  Constitution,  provides  for  basic  rights  and  freedoms.  (The 
Saeima,  however,  has  not  yet  finalized  the  second  portion  of  the  Constitution  itself 
which  includes  guarantees  of  human  rights.)  The  judiciary  is  independent  but  not 
well-trained,  efficient,  or  free  from  corruption. 

The  security  apparatus  consists  of:  The  national  police  and  other  services,  such 
as  the  Special  Iinmigration  Police,  subordinate  to  the  Ministry  of  Interior,  municipal 
police  operating  unoer  local  government  control;  the  Counterintelligence  Service  and 
a  protective  service  operating  under  the  Ministry  of  Defense;  and  the  National 
Guard,  an  element  of  the  national  armed  forces,  which  also  assists  in  police  activi- 
ties. Effective  January  1,  the  Border  Guard  Force  was  transferred  from  the  Ministry 
of  Defense  to  the  Ministry  of  Interior.  Civilian  authorities  generally  maintain  effec- 
tive control  of  the  security  forces  and  the  Constitution  Protection  Bureau  (SAB)  is 
responsible  for  coordinating  intelligence  activities.  However,  Interior  Ministry 
forces,  municipal  police,  and  intelligence  personnel  sometimes  acted  independently 
of  central  government  authority.  Some  members  of  the  security  forces,  including  po- 
lice and  other  Interior  Ministry  personnel,  committed  human  rights  abuses. 

Traditionally  dominated  by  agriculture  and  forestry  products,  with  military  and 
other  industrial  production  introduced  by  the  Soviets,  the  varied  economy  is  increas- 
ingly oriented  toward  the  service  sector.  As  the  transition  from  a  centrally  planned 
to  a  market-oriented  economic  system  continues,  private  enterprise  in  trade  and 
services  is  thriving.  About  80  percent  of  agricultural  land  is  farmed  privately,  and 
60  percent  of  all  land  is  now  in  private  hands.  In  the  industrial  sector,  progress  to- 
ward privatization  and  revitalization  is  much  slower.  The  currency  remained  stable 
and  freely  traded,  unemployment  was  7.3  percent,  and  annual  inflation  was  7.7  per- 
cent, down  from  15  percent  in  1996.  Per  capita  gross  domestic  product  (GDP)  was 
slirfitly  over  $2,016.  GDP  continued  the  rise  oegun  in  1996. 

The  Government  generally  respected  the  human  rights  of  its  citizens  and  the 
large  resident  noncitizen  community,  although  problems  remained  in  certain  areas. 
Members  of  the  security  forces,  including  the  police  and  other  Interior  Ministry  per- 
sonnel, continued  to  use  excessive  force;  police  and  prison  officers  beat  detainees 
and  inmates.  The  Government  did  not  take  adequate  disciplinary  action  against 
those  responsible.  Prison  conditions  remained  poor.  The  inefficient  judiciary  did  not 
always  ensure  the  fair  administration  of  justice.  Although  the  Citizen  and  Immigra- 
tion Department  (CID)  remained  bureaucratic  and  slow  in  dealing  with  issues  con- 
cerning noncitizens,  independent  observers  stated  that  the  previous  year's  improved 
performance  continued.  The  Prosecutor  General  formally  protested  the  light  sen- 
tence handed  down  in  June  to  an  alleged  local  Mafia  boss — a  case  that  also  high- 
lighted the  current  lack  of  an  effective  witness  protection  program.  Thirty-three 
anens  remain  in  detention  in  Latvia  without  trial  or  final  determination  of  their  sta- 
tus. Women  are  discriminated  against  in  the  workplace.  Spousal  abuse  and  traffick- 
ing in  women,  as  well  as  child  prostitution  and  abuse,  are  significant  problems. 

Among  key  positive  developments  were  the  Saeima's  ratification  in  June  of  the 
1950  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms;  and  itspassage  in  July  of  the  1951  U.N.  Convention  Relating  to  the  Sta- 
tus of  Refugees.  The  Government  plans  to  develop  a  new  refugee  reception  center 
at  Mucinieki,  on  the  outskirts  of  Riga.  In  September,  the  Government  signed  the 
Council  of  Europe's  Convention  Against  Torture  and  Inhuman  or  Degrading  Treat- 
ment or  Punishment.  The  National  Human  Rights  Office  (NHRO)  continues  to  func- 
tion independently  and  to  achieve  greater  recognition  from  the  public. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — In  December  unknown  assailants 
shot  and  killed  Janis  Riba,  the  leader  of  the  ultranationalist  group,  Aizargi.  Riba's 
followers  claim  that  the  killing  was  politically  motivated;  others  speculate  that  ri- 
vals within  the  ultranationalist  movement  committed  the  murder.  A  police  inves- 
tigation is  still  underway. 

D.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances, 
c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture.  However,  there  were  credible  reports  that  police 
and  prison  personnel  beat  prison  inmates  as  well  as  asylum  seekers  at  the  (Jlaine 
Detention  Center,  as  well  as  other  detainees  in  other  facilities.  Some  law  enforce- 
ment personnel  were  prosecuted  for  use  of  excessive  force  in  handling  prisoners.  A 
municipal  policeman  Janis  Senbergs,  an  ethnic  Latvian,  was  sentenced  to  5  years' 
imprisonment  for  involuntary  manslaughter  after  he  beat  Maksim  Ermolayev,  a  16- 


1161 

year-old  ethnic  Russian  who  later  died  of  his  iniuries.  After  the  highly  publicized 
nazing  incidents  of  1996,  military  authorities  toot  steps  to  curb  the  practice.  'Oiere 
were  no  confirmed  reports  of  hazmg  during  the  year. 

Prison  conditions  remained  poor,  despite  new  construction  and  foreign  assistance, 
that  has  facilitated  some  improvements.  Inadequate  sanitation  facilities,  persistent 
shortages  of  blankets  and  medical  care,  and  insufficient  lighting  and  ventilation  are 
common  problems,  as  is  the  shortage  of  resources  in  general.  Detainees  complain 
that  they  are  subject  to  physical  and  psychological  intimidation  by  prison  guards. 
Latvia's  worst  facility,  built  in  the  first  decade  of  the  20th  century,  had  undergone 
no  renovations  until  1996.  In  the  unrenovated  portion  of  the  facility,  more  than  40 
prisoners  are  housed  in  a  single  cell  with  one  open  toilet;  sink  conditions  are  sub- 
stantially better  in  renovated  portions  of  the  facility.  The  Government  has  stated 
its  intention  to  continue  renovations  as  rapidly  as  its  limited  finances  allow.  Min- 
istry of  the  Interior  personnel  stated  that  prisoners  accused  of  crimes  spend  an  av- 
erage of  1  year  in  this  facility  before  trial,  but  many  have  been  there  much  longer. 
The  NHRO  continues  to  criticize  the  failure  of  many  prison  facilities  to  meet  mini- 
mum international  standards  and  in  particular  the  fact  that  medical  personnel  are 
not  sufficiently  independent  of  the  prison  administration.  Throughout  the  year,  the 
NHRO  organized  human  rights  training  programs  for  prison  authorities  and  person- 
nel. 

Detention  facilities  for  asylum  seekers  are  substandard  (see  Section  2.d.) 

The  situation  for  some  imprisoned  children,  who  are  not  always  separated  from 
adults,  remained  poor.  Children  as  young  as  14  years  of  age  were  kept  in  unsanitary 
conditions,  and  suffer  from  disease  and  deprivation.  Both  boys  and  girls  are  subject 
to  violence  and  possible  sexual  abuse. 

In  December  a  delegation  of  foreign  ambassadors  visited  Latvia's  worst  prison  at 
the  invitation  of  the  Nlinister  of  the  Interior. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — There  were  no  known  instances  of  arbi- 
trary arrest.  The  responsibility  for  issuing  arrest  warrants  was  transferred  from 
prosecutors  to  the  courts  in  1994.  The  law  requires  the  prosecutor's  office  to  make 
a  formal  decision  whether  to  charge  or  release  a  detainee  within  72  hours  after  ar- 
rest. Charges  must  be  filed  within  10  days  of  arrest.  No  detainee  may  be  held  for 
more  than  18  months  without  the  prosecutor  presenting  the  case  to  the  defendant 
and  the  court.  Detainees  have  the  right  to  have  an  attorney  present  at  any  time. 
These  rights  are  subject  to  judicial  review  but  only  at  the  time  of  trial.  There  were 
credible  reports  that  these  rights  are  not  always  respected  in  practice,  especially 
outside  Riga. 

There  were  no  reports  of  forced  exile,  which  is  prohibited  by  law. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  generally  respects  this  provision  in  practice.  However, 
the  courts  must  rely  on  the  Ministry  of  Justice  for  administrative  support,  and  the 
judiciary  is  not  well  trained,  efficient,  or  free  from  corruption. 

The  Supreme  Court  does  not  have  a  clearly  established  right  to  rule  on  the  con- 
stitutionality of  legislation  or  its  conformity  with  the  country  s  international  obliga- 
tions. In  June  the  Parliament  amended  the  Constitution  and  adopted  legislation  to 
establish  a  Constitutional  Court  to  fulfill  these  functions.  The  new  seven-judge 
panel  is  authorized  to  hear  cases  at  the  request  of  state  institutions  (the  President, 
Cabinet,  prosecutor,  Supreme  Court,  local  governments,  or  one-third  of  Saeima 
members)  but  not  of  individuals  or  courts.  A  project  is  currently  underway  to  ex- 
pand the  jurisdiction  of  the  Constitutional  Court  to  include  referrals  from  lower 
courts.  The  Parliament  approved  six  of  the  judges  to  sit  on  the  court,  which  held 
its  first  organizational  meeting  and  elected  an  acting  chairman  in  December. 

The  Government  continues  to  reform  the  judicial  system.  In  1995  it  completed  the 
establishment  of  regional  courts  to  hear  appeals  of  lower  court  decisions.  For  more 
serious  criminal  cases,  two  lay  assessors  join  the  professional  judge  on  the  bench. 
Corruption  in  the  judicial  system  is  reportedly  widespread.  In  November  the  judges 
appointed  to  preside  over  the  trial  of  the  President  of  the  collapsed  Bank  Baltija, 
Oscar  Lavent,  resigned  from  the  case,  citing  alleged  political  pressure  from  the  Gov- 
ernment. The  accusation  came  after  the  judges  released  Lavent  to  house  arrest  fol- 
lowing a  heart  attack  that  he  suffered  in  the  courtroom  on  the  first  day  of  the  trial. 
In  March  the  country's  leading  newspaper  reported  that,  according  to  a  recent  socio- 
logical survey,  most  residents  do  not  trust  the  courts.  Most  judges  have  inadequate 
i'udicial  training,  and  the  court  system  is  too  weak  to  enforce  many  of  its  decisions. 
n  June  the  Prosecutor  General  harshly  criticized  the  light  sentence  handed  down 
to  alleged  Mafia  boss  Ivan  Haritonov,  and  appealed  the  decision.  (The  case  also 
highlighted  the  absence  of  an  effective  witness  protection  program.)  A  major  dif- 
ficulty in  enforcing  court  decisions  is  the  lack  of  an  effective  bailiff  or  sheriff  system. 
There  is  a  lack  ofinformation  available  on  which  to  make  informed  decisions,  espe- 


1162 

cially  outside  Riga.  Court  cases  are  not  published  systematically,  nor  is  there  a  cen- 
tralized index  for  those  that  are  published.  Trials  may  be  closed  if  state  secrets 
might  be  revealed  or  to  protect  the  interests  of  minors.  All  defendants  have  the 
right  to  hire  an  attorney,  and  the  State  will  lend  funds  to  destitute  defendants  for 
this  purpose.  Defendant^  have  the  right  to  read  all  charges,  confront  all  witnesses, 
and  may  offer  witnesses  and  evidence  to  support  their  case.  They  may  also  make 
multiple  appeals  of  adverse  verdicts. 

There  were  no  reports  of  political  prisoners. 

Former  Latvian  Communist  Party  First  Secretary  Alfreds  Rubiks,  whose  support- 
ers considered  him  a  political  prisoner,  was  released  from  jail  in  December  after 
serving  6  years  of  an  8-year  sentence  for  plotting  to  overthrow  the  Government. 
Under  the  law  a  court  can,  on  the  recommendation  of  prison  authorities,  release 
persons  on  grounds  of  good  behavior  who  have  served  three-quarters  of  their  sen- 
tence. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
requires  that  law  enforcement  authorities  have  a  judicial  warrant  in  order  to  inter- 
cept citizens'  mail,  telephone  calls,  or  other  forms  of  communication.  This  protection 
is  less  comprehensive  lor  the  large  noncitizen  population.  There  were  no  reports  of 
the  unsanctioned  taping  of  the  telephone  conversations  of  public  ofiicials,  such  as 
came  to  light  in  1996. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitutional  Law  provides  for  freedom  of 
speech  and  the  press,  and  the  Government  generally  respects  this  right  in  practice. 
Tiie  1991  Press  Law  prohibits  censorship  of  the  press  or  other  mass  media.  Most 
newspapers  and  magfizines  are  privately  owned.  New  publications  continued  to  ap- 
pear, but  economic  difficulties  forced  others  to  close.  Newspapers  in  both  Latvian 
and  Russian  published  a  wide  range  of  criticism  and  political  viewpoints. 

A  large  number  of  independent  television  and  radio  outlets  broadcast  in  both  Rus- 
sian and  Latvian,  and  the  number  of  people  receiving  satellite  television  broadcasts 
continued  to  increase. 

The  Law  on  Radio  and  Television  contains  a  number  of  restrictive  provisions  regu- 
lating the  content  and  language  of  broadcasts.  No  more  than  30  percent  of  private 
broadcasts  may  be  in  languages  other  than  Latvian;  in  prime  time,  40  percent  of 
television  broadcasts  must  be  of  Latvian  and  80  percent  of  European  origin.  How- 
ever, these  provisions  are  not  always  implemented.  In  addition  foreign  investment 
may  not  exceed  20  percent  of  the  capital  in  electronic  media  organizations. 

tiiere  are  no  restrictions  on  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  authorities  legally  may 
not  prohibit  public  gatherings.  Organizers  of  demonstrations  must  provide  advance 
notice  to  local  authorities,  who  may  change  the  time  and  place  of  public  gatherings 
for  such  reasons  as  fear  of  public  disorder.  Numerous  public  meetings  and  political 
demonstrations  took  place  without  government  interference.  In  January  the  Saeima 
passed  legislation  on  public  demonstrations  and  that  requires  protesters  to  remain 
specified  distances  from  foreign  missions,  the  Saeima,  the  Prosecutor's  office,  and 
certain  other  public  institutions.  While  the  law  purports  to  imitate  western  Euro- 
pean statutes,  independent  human  rights  organizations  in  Latvia  find  its  provisions 
contradictory  and  confusing. 

The  Constitution  provides  for  the  right  to  associate  in  public  oi^ganizations.  How- 
ever, the  Law  on  Registering  Public  Organizations  was  amended  in  late  1993  to  bar 
registration  of  Communist,  Nazi,  or  other  organizations  whose  activities  would  con- 
travene the  Constitution.  More  than  35  political  parties  are  officially  registered. 
Noncitizens  are  prohibited  from  forming  political  organizations. 

c.  Freedom  of  Religion. — The  Constitutional  Law  provides  for  freedom  of  religion, 
and  the  Government  generally  respects  this  right  in  practice.  Although  the  Govern- 
ment does  not  require  the  registration  of  religious  groups,  the  1995  Law  on  Reli- 
gious Organizations  specifies  that  religious  organizations  can  enjoy  certain  rights 
and  privileges  only  if  they  register.  Under  this  law  the  Justice  Ministry  has  reg- 
istered over  800  religious  congregations,  including  Mormons,  whose  previous  lack  of 
official  registration  had  created  difficulties  in  obtaining  visas  and  residence  status. 

According  to  the  Ministry  of  Justice's  Department  of  Religious  Affairs,  the  church 
groups  denied  registration  to  date  include  Jehovah's  Witnesses,  the  Latvian  Free 
Orthodox  Church,  the  Church  of  Christ  Scientist,  and  the  Rock  of  Salvation  Church. 
Although  Jehovah's  Witnesses  withdrew  their  court  challenge  to  this  decision,  they 
continue  to  press  for  registration  as  a  religion.  Foreign  evangelists  and  missionaries 
are  permitted  to  hold  meetings  and  to  proselytize,  but  the  law  stipulates  that  only 
religious  organizations  in  Latvia  may  invite  them  to  carry  out  sucn  activities.  For- 
eign religious  denominations  have  criticized  this  provision. 


1163 

The  denial  of  registration  to  Jehovah's  Witnesses  imposes  real  hardships  and  has 
resulted  in  the  general  perception  among  both  the  public  and  many  government  offi- 
cials that  Jehovah's  Witnesses  is  an  illegal  group.  Uespite  the  number  of  adherents 
in  Latvia,  as  an  organization,  Jehovah  s  Witnesses  is  denied  the  necessary  legal 
means  to  administer  to  the  spiritual  needs  of  its  members. 

In  July  the  Parliament  adopted  amendments  to  the  Law  on  Religious  Organiza- 
tions, one  of  which  stipulated  that  religious  education  may  be  provided  to  students 
in  public  schools  on  a  voluntary  basis  only  by  representatives  of  Evangelical  Lu- 
theran, Roman  Catholic,  Old  Believer,  Baptist,  and  Orthodox  religious  organiza- 
tions. Students  at  state-supported  national  minority  schools  may  also  receive  edu- 
cation in  the  religion  "characteristic  of  the  national  minority."  Other  denominations 
may  provide  religious  education,  but  may  not  do  so  in  state-funded  schools.  In  July 
1996,  the  Parliament  adopted  amendments  to  the  Law  on  Religious  Organizations, 
one  of  which  reduced  the  number  of  persons  necessary  to  seek  registration  as  a  reli- 
gious organization  from  a  minimum  of  25  citizens  to  10  persons  residing  perma- 
nently in  Latvia.  In  June  Parliament  further  amended  this  legislation  to  allow  any 
citizens  and  permanent  residents  included  in  the  Inhabitant's  Register  to  register 
a  religion.  However,  asylum  seekers,  foreign  embassy  staff,  and  those  in  the  country 
temporarily  or  in  special  status  still  cannot  register  a  rehgious  organization. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  are  no  obstacles  to  freedom  of  movement  within  the  country,  for- 
eign travel,  or  repatriation  of  citizens.  Latvia  has  readmitted  noncitizens  who 
claimed  refugee  status  in  a  foreign  country,  or  who  voluntarily  abandoned  their  per- 
manent residence,  and  then  decided  to  return  to  Latvia  to  live  and  woric.  Nonciti- 
zens who  left  Latvia  as  refugees  based  on  Soviet-era  persecution  have  no  difficulty 
returning  on  foreign  refugee  travel  documents  for  business  reasons  or  for  family  vis- 
its. 

The  1995  Law  on  the  Status  of  Former  Soviet  Citizens  stipulates  that  registered 
permanent  resident  noncitizens  enjoy  the  rights  to  establish  and  change  residences, 
travel  abroad,  and  return  to  the  country.  However,  certain  rights  are  denied  to  non- 
citizens.  Although  restrictions  on  holding  jobs  such  as  airline  personnel  and  fire- 
fighters were  Uited,  noncitizens  are  still  prohibited  from  working  as  private  detec- 
tives, armed  guards,  or  certified  attorneys,  and  cannot  yet  hold  licenses  to  pursue 
pharmaceutical  activities.  In  addition,  only  citizens  can  be  granted  amnesty  or  hold 
posts  in  religious  congregations.  Noncitizens  may  own  land,  but  only  under  com- 
plicated restrictions.  Tne  law  also  provides  for  the  issuance  of  new  noncitizen  travel 
documents  verifying  these  rights.  In  April  the  Citizenship  and  Immigration  Depart- 
ment (CID)  began  issuing  a  new,  more  secure  aliens  passport  to  noncitizens.  The 
Government  also  announced  the  gradual  phase  out  of  former  Soviet  external  pass- 
ports. The  validity  of  former  Soviet  external  passports  for  departure  from  Latvia  to 
all  countries  except  the  Commonwealth  of  Independent  States  (CIS)  expired  on  De- 
cember 31,  1997.  These  documents  remain  valia  for  travel  to  the  CIS-member  coun- 
tries through  December  31,  1998.  Former  Soviet  external  passports  may  be  used  to 
return  to  Latvia  from  all  countries  through  December  31,  1998. 

Most  of  the  asylum  seekers  formerly  detained  at  the  Olaine  detention  camp  were 
accepted  by  Nordic  countries  late  in  1996  on  the  assumption  that  in  1997  Latvia 
would  adopt  and  implement  refugee  legislation  in  accordance  with  the  1951  United 
Nations  (U.N.)  Refiagee  Convention.  In  June  Latvia  acceded  to  the  Convention  Re- 
lating to  the  Status  of  Refugees  done  at  Greneva  in  1951,  but,  at  the  insistence  of 
nationalist  parties  within  the  Saeima,  with  the  stipulation  that  it  apply  only  to  refu- 

gees  from  European  countries.  Independent  observers,  such  as  the  National  Human 
lights  Office  (NHRO),  the  Organization  for  Security  and  Cooperation  in  Europe 
(OSCE),  United  Nations  Development  Program  (UNDP),  Western  embassies,  as  well 
as  within  the  Government,  immediately  criticized  the  decision.  In  July  the  Cabinet 
announced  it  would  introduce  legislation  requesting  that  the  Saeima,  on  its  return 
from  summer  recess  in  September,  drop  the  provision.  In  September  the  Saeima 
ratified  the  1951  U.N.  Convention  by  reversing  its  original  vote  to  restrict  applica- 
tion of  the  treaty  exclusively  to  refugees  from  European  countries.  As  soon  as  the 
amendment  passed,  Sweden  and  Finland  went  forward  with  a  visa-free  travel  agree- 
ments previously  delayed  pending  the  outcome  of  the  Saeima  vote. 

The  Olaine  detention  center  for  asylum  seekers  has  serious  shortcomings,  and 
conditions  there  are  substandard.  The  Government  is  developing  a  new  refugee  re- 
ception center  that  meets  minimum  international  standards  at  Mucinieki,  on  the 
outskirts  of  Riga,  with  multilateral  donor  assistance.  However,  until  Mucinieki  is  re- 
furbished, asylum  seekers  are  to  remain  housed  at  the  Olaine  facility.  A  total  of  33 
aliens  remain  in  detention  in  the  Olaine  center  without  trial  or  final  determination 
of  their  status. 


1164 

The  Government  works  closely  with  the  United  Nations  High  Commissioner  for 
Refugees  (UNHCR).  As  of  year's  end,  discussions  were  near  completion  between  the 
UNHCR  and  the  Ministry  of  Interior  on  an  agreement  for  the  UNHCR  to  supervise 
the  reconstruction  of  the  new  refugee  center  at  Mucinieki. 

The  Government  has  charged  the  Interior  and  Justice  Ministries  with  the  complex 
task  of  implementing  the  terms  of  Latvia's  accession  to  the  Convention  Relating  to 
the  Status  of  Refugees  done  at  Geneva  in  1951.  Special  immigration  police  and  bor- 
der guards  units  are  to  help  prescreen  asylum  requests.  CID  decisions  can  be  ap- 
Sealed  to  a  new  asylum  appeals  board,  that  is  being  established  in  the  Ministry  of 
ustice.  By  late  summer,  mitial  training  for  the  p>ersonnel  of  these  bodies  was  un- 
derway. 

The  issue  of  provision  of  first  asvlum  did  not  arise. 

Organized  alien  smuggling,  frequently  involving  central  and  south  Asians 
transiting  Latvia  from  Russia  and  Belarus  en  route  to  Western  Europe  or  the  Unit- 
ed States  has  been  detected.  According  to  police  sources,  in  1996  more  than  700  per- 
sons who  were  illegally  in  the  country  were  involuntarily  returned  to  their  homes 
abroad,  and  another  524  voluntarily  departed.  During  the  first  6  months  of  1997, 
almost  200  people  who  were  illegally  in  Latvia  were  deported,  and  another  173  vol- 
untarily left  the  country.  Latvia  has  approached  Russia  and  Belarus  about  conclud- 
ing refugee  readmission  agreements,  tne  lack  of  which  poses  a  major  barrier  to  ef- 
fective control  of  the  eastern  border.  Thirty -three  aliens  whose  legal  status  is  un- 
clear remain  in  detention  at  Olaine. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government.  There  were  free  and  fair  elec- 
tions for  Parliament  (the  Saeima)  in  1995,  with  the  participation  of  numerous  par- 
ties and  factions  representing  a  broad  political  spectrum.  Candidates  from  11  par- 
ties won  Saeima  seats,  and  72  percent  of  eligible  voters  participated.  Free  and  fair 
elections  for  municipal  government  offices,  in  which  nearly  56  percent  of  the  elector- 
ate participated,  took  place  in  March  in  over  500  cities.  However,  the  election  law 
barred  some  citizens  from  voting  in  these  elections  due  to  prior  activity  in  pro-Soviet 
organizations  or  lack  of  fluency  in  the  state  language. 

In  August  the  Saeima's  legal  affairs  committee  considered,  but  did  not  approve 
lifting  the  ban  on  persons  seeking  elected  office  who  had  remained  active  in  the 
Communist  Party  or  various  other  pro-Soviet  organizations  after  January  13,  1991. 
Under  legislative  procedures  the  provision,  which  is  part  of  a  much  broader  revision 
of  the  election  law,  was  placed  before  the  full  Saeima  for  an  initial  review.  In  Octo- 
ber the  full  Saeima  again  defeated  the  provision.  The  popular  mayor  of  Daugavpils, 
Aleksei  Vidavskiy,  had  been  charged  in  court  with  violating  this  provision,  but  was 
acquitted  in  February,  a  decision  subsequently  upheld  in  the  Supreme  Court  in  Au- 
gust. The  Saeima,  however,  maintained  the  provision  barring  former  KGB  officers 
and  Soviet  collaborators  from  standing  in  elections.  It  also  let  stand  provisions  pre- 
venting noncitizen  from  voting  in  local  elections.  At  the  end  of  the  year,  the  legal 
affairs  committee  was  preparing  a  final  draft  of  the  ban  provision  language  for  sub- 
mission to  the  full  Saeima  for  a  final  vote. 

In  June  1996  the  Parliament  fulfilled  its  constitutional  responsibility  to  elect  an 
individual  to  serve  a  3-year  term  as  President.  The  Saeima  chose  freely  among  four 
candidates  in  a  secret  ballot  that  resulted  in  the  reelection  of  the  incumbent  Presi- 
dent. 

Following  the  restoration  of  independence  in  1991,  citizenship  was  immediately 
accorded  only  to  those  persons  who  were  citizens  of  the  independent  Latvian  Repub- 
lic in  1940  and  their  direct  descendants.  Owing  to  the  Russification  policy  pursued 
during  the  Soviet  era,  ethnic  Latvians  constitute  56  percent  of  a  total  population 
of  2.5  million,  and  78  percent  of  citizens.  Ethnic  Latvians  do  not  constitute  a  major- 
ity in  seven  of  the  eignt  largest  cities.  Citizens  of  other  ethnic  origins  number  ap- 
proximately 400,000,  of  which  almost  300,000  are  Russian.  There  are  about  687,000 
noncitizens,  of  which  an  estimated  65  percent  are  Russian,  12  percent  are  Belo- 
russian,  9  percent  are  Ukrainian;  there  are  smaller  percentages  of  Poles,  Lithua- 
nians, Jews,  Roma,  Germans,  Tatars,  Estonians,  and  Armenians.  After  independ- 
ence the  status  of  approximately  670,000  people  changed  from  citizens  of  the  Soviet 
Union  to  noncitizen  residents  in  Latvia.  More  than  70  percent  of  the  registered  resi- 
dents are  citizens,  almost  400,000  of  whom  are  not  ethnic  Latvian. 

Under  provisions  of  a  1994  law,  various  categories  of  noncitizens  become  eligible 
to  apply  for  naturalization  over  a  period  extending  from  1995  until  early  in  the  next 
century.  Highest  priority  was  given  to  spouses  of  Latvian  citizens,  citizens  of  other 
Baltic  states,  and  persons  bom  in  Latvia.  The  law  includes  a  Latvian  language  and 
residence  requirement  as  well  as  restrictions  on  naturalization  of  several  groups  in- 


1165 

eluding  former  Soviet  intelligence  and  military  officers.  The  law  requires  applicants 
for  citizenship  to  renounce  previous  non-Latvian  citizenship,  to  have  knowledge  of 
the  Constitution  and  Latvian  history,  and  to  take  a  loyalty  oath. 

International  observers,  including  the  resident  Organization  of  Securitv  and  Co- 
operation in  Europe  (OSCE)  mission,  credit  the  Grovemment  with  establishing  a 
competent  and  proiessional  naturalization  board  with  offices  throiighout  the  country 
to  implement  the  1994  law.  In  the  estimation  of  the  NHRO,  the  OSCE  and  various 
NGO  s  the  Board  has  to  date  sought  to  apply  the  law  fairly.  However,  the  pace  of 
naturalization  remains  slow.  According  to  statistics  provided  by  the  Naturalization 
Board,  the  number  of  people  who  sought  to  be  naturalized  in  recent  years  was:  in 
1995:  eligible  60,000,  applied  2,856;  in  1996:  eligible  33,000,  applied  2,572;  in  1997: 
eligible  31,000;  applied  2,686.  The  reasons  for  this  relatively  small  number  may  in- 
clude potential  applicants'  lack  of  confidence  that  they  coum  meet  language  require- 
ments, the  restncted  category  of  applicants  eligible  to  seek  naturahzation  in  the 
first  2  years,  certain  benents  that  flow  from  noncitizen  status  (such  as  travel  with- 
out visas  to  Russia  and  exemption  from  compulsory  military  service),  and  a  sense 
that  the  legal  status  of  permanent  resident  noncitizens  is  relatively  secure.  Presi- 
dent Ulmanis  has  continued  repeatedly  and  publicly  to  voice  his  concern  about  the 
slow  pace  of  naturalization.  He  has  suggested  that  the  naturalization  "windows" 
system  (which  permits  successive  age  groups  the  right  to  apply  for  naturalization 
in  a  consecutive  sequence  and  in  a  designated  order)  be  reconsidered.  It  was  also 
at  his  instigation  that  in  December  the  Grovemment  passed  regulations  lowering  the 
naturalization  fee  according  to  the  economic  circumstances  of  the  applicant.  Under 
the  new  fee  schedule,  pensioners  and  certain  categories  of  students  and  the  handi- 
capped will  pay  about  $26  (15  lats)  rather  than  about  $52  (30  lats).  Other  categories 
of  persons — victims  of  political  repression,  the  severely  disabled,  orphans,  and  the 
indigent — are  exempt  from  payment. 

In  March  the  Organization  for  Security  and  Cooperation  in  Europe  (OSCE)  High 
Conunissioner  for  Minorities  Max  van  der  Stoel  suggested  easing  the  language  and 
history  sections  of  the  naturalization  test,  and  recommended  that  Latvia  naturalize 
those  children  bom  in  Latvia  to  resident  aliens  after  Latvia's  reestablishment  of 
independence. 

Since  its  passage,  there  have  been  various  attempts  to  amend  the  citizenship  law. 
An  amendment  in  1995  granted  automatic  citizenship  (as  opposed  to  requiring  natu- 
ralization) to  ethnic  Latvians  returning  to  the  country,  as  well  as  to  persons  who 
successfully  complete  their  secondary  education  in  a  Latvian-language  school.  These 
amendments  allowed  several  people  to  register  as  citizens.  However,  efforts  by 
human  rights  groups  and  Saeima  members  to  accord  automatic  citizenship  to  chil- 
dren bom  in  Latvia  since  independence  to  non-Latvian  permanent  residents  have 
so  far  been  unsuccessful.  In  addition,  a  proposal  to  grant  citizenship  automatically 
to  ethnic  Poles  who  are  permanent  residents  was  also  rejected. 

International  experts,  government  officials,  and  domestic  human  rights  monitors 
agreed  that  Latvia  must  continue  to  place  high  priority  and  devote  sufficient  re- 
sources to  implementing  the  citizenship  law  in  a  fair  and  impartial  manner,  as  well 
as  seek  ways  to  expedite  naturalization  and  promote  social  integration.  These  same 
observers  also  agreed  that  the  Government  must  provide  greater  opportunities  for 
noncitizens  to  learn  Latvian.  In  1996  the  (Government  worked  with  the  United  Na- 
tions Development  Program  (UNDP)  to  begin  implementing  a  long-term  nationwide 
Latvian  language  teaching  program  for  adults  and  for  children  in  non-Latvian 
schools.  Until  recently,  the  CID,  which  has  administrative  responsibility  for  reg- 
istering noncitizens,  had  a  negative  reputation  among  noncitizen  residents  for  deny- 
ing applications  for  permanent  status  and  for  being  slow  in  complying  with  court 
rulings  on  issues  within  its  sphere  of  responsibility.  While  problems  remain,  inde- 
pendent observers,  including  those  within  the  National  Human  Rights  Office 
(NHRO),  noted  improvements  in  the  CID's  performance  throughout  the  year. 

There  are  no  ethnic  restrictions  on  political  participation,  and  some  nonethnic 
Latvians  serve  in  various  elected  bodies.  There  was  no  mechanism  for  the  many 
residents  of  Latvia  who  were  not  citizens  to  participate  in  the  elections. 

Women  are  underrepresented  in  government  and  politics.  During  the  year  less 
than  20  percent  of  parliamentarians  were  women.  Two  members  of  the  CTabinet  of 
Ministers  are  women:  the  Minister  of  Culture  and  the  State  Minister  for  Revenue. 
Only  one  Saeima  committee — Social  and  Labor  Affairs  Relations — is  chaired  by  a 
woman. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  growing  number  of  nongovernmental  organizations  devoted  to  research  and  ad- 
vocacy on  human  rights  issues,  including  prison  conditions  and  women's  and  chU- 


1166 

dren's  rights,  operate  without  government  restriction.  Several  organizations  deal 
with  issues  of  concern  to  local  noncitizens  and  other  nonethnic  Latvians,  presenting 
them  to  the  courts  and  the  press. 

The  Government  demonstrated  a  willingness  to  engage  in  dialog  with  nongovern- 
mental organizations  working  on  human  rights  issues.  In  June,  it  ratified  the  1950 
European  Human  Rights  Convention.  It  welcomed  visits  by  human  rights  organiza- 
tions and  received  delegations  from,  among  others,  the  OSCE,  the  Council  of  Europe 
(COE),  and  the  United  Nations.  A  resident  OSCE  mission  continued  to  operate  with 
a  mandate  to  "address  citizenship  issues  and  other  related  matters." 

The  Government  continued  to  implement  its  national  program  for  the  protection 
and  promotion  of  human  rights,  which  was  adopted  in  1995  upon  the  recommenda- 
tions of  key  international  organizations. 

TTie  National  Human  Rights  Office's  (NHRO)  status  as  an  independent  institution 
with  a  mandate  to  promote  human  rights  is  respected,  and  its  influence  and  visi- 
bility continue  to  grow.  The  NHRO  continued  to  nilfill  its  mandate  to  provide  infor- 
mation on  human  rights,  inquire  into  individual  complaints,  and  initiate  its  own  in- 
vestigations on  alleged  violations.  In  July  the  Government  appointed  Olafs  Bruvers, 
a  hi^ily  respected  politician  and  Saeima  member,  to  a  4-year  term  as  the  perma- 
nent director  of  the  National  Human  Ri^ts  Office  (NHRO).  He  is  subject  to  dismis- 
sal only  under  limited  circumstances.  It  also  provided  basic  financial  support  for  the 
organization,  which  also  receives  grants  from  the  United  Nations  Development  Pro- 
gram (UNDP)  and  other  international  institutions. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

According  to  the  1922  Constitution,  all  citizens  are  equal  under  the  law.  In  De- 
cember the  Saeima  decided  to  establish  a  working  group  to  elaborate  a  second  sec- 
tion of  the  Constitution  that  would  strengthen  the  constitutional  protection  of  basic 
human  rights  and  freedoms.  The  1991  Constitutional  Law,  which  supplements  the 
Constitution,  states  that  "all  persons  in  Latvia"  are  equal  under  the  law  regardless 
of  race,  sex,  religion,  language,  social  status,  political  preference,  or  other  grounds 
and  grants  equal  rights  to  work  and  wages  to  "persons  of  all  nationalities."  How- 
ever, the  Constitutional  Law  only  grants  to  citizens  the  right  to  occupy  state  posi- 
tions, establish  political  parties,  and  own  land. 

Women. — Sources  indicate  that  domestic  violence  against  women  is  fairly  wide- 
spread and  is  often  connected  with  alcohol  abuse.  There  is  anecdotal  evidence  sug- 
gesting that  the  legal  system,  including  the  courts,  tends  to  downplay  the  serious- 
ness of  domestic  violence.  Observers  suggest  that  police  are  sometimes  reluctant  to 
make  arrests  in  such  cases.  The  NHRU  began  to  work  with  the  Interior  Ministry 
to  assist  victims  of  domestic  abuse  and  train  law  enforcement  personnel  in  dealing 
with  this  problem. 

Both  adult  and  child  prostitution  are  widespread  and  often  linked  with  organized 
crime.  There  is  no  legislation  in  force  that  specifically  addresses  these  problems. 

Women  possess  the  same  legal  rights  as  men.  The  Labor  Code  prohibits  women 
from  performing  "hard  jobs  or  jobs  having  unhealthy  conditions,"  that  are  specified 
in  a  list  agreed  upon  between  the  Cabinet  and  labor  unions.  Moreover,  the  code 
bans  employment  discrimination.  In  reality  women  frequently  face  hiring  and  pay 
discrimination,  especially  in  the  emerging  private  sector.  It  is  not  unusual  to  see 
employment  advertising  that  specifically  seeks  men.  Sexual  harassment  of  women 
in  the  workplace  is  reportedly  common.  Cultural  factors  tend  to  discourage  women 
from  coming  forth  publicly  with  complaints  of  abuse.  Women  apparently  have  not 
brought  any  discrimination  suits  before  the  courts. 

Women's  advocacy  groups  are  growing  in  size  and  number.  They  are  involved  in 
finding  employment  for  women,  lobbying  for  increased  social  benefits,  assisting  vic- 
tims 0?  domestic  abuse,  and  opposing  the  hazing  of  military  recruits. 

Children. — ^Although  it  is  government  policy  to  ensure  children's  rights  to  basic 
health,  welfare,  and  education,  there  is  no  general  legislation  outlining  these  rights, 
and  the  (Jovemment  lacks  the  necessary  resources  to  provide  them  fullv.  For  exam- 
ple, despite  the  existence  of  mandatory  education,  truancy  is  widespread. 

Evidence  suggests  that  abandonment  and  child  abuse,  including  sexual  abuse,  are 
relatively  widespread,  as  is  child  prostitution.  A  few  children's  advocacy  groups  are 
active,  particularly  in  lobbying  for  legislation  to  protect  children's  rights  and  for  in- 
creased welfare  payments  for  children.  Law  enforcement  authorities  nave  won  court 
suits  to  remove  children  from  abusive  parents  and  secured  convictions  in  child  mo- 
lestation cases. 

Although  legislation  has  long  provided  for  the  establishment  of  special  institutions 
for  the  rehabilitation  and  vocational  training  of  juvenile  offenders,  the  Government 


1167 

has  made  only  sporadic  eflbrts  to  reduce  the  number  of  juveniles  who  have  commit- 
ted relatively  minor  oflenses,  but  are  housed  in  re^lar  prison  facilities. 

People  With  Disabilities. — There  is  no  law  bannmg  discrimination  against  the  dis- 
abled. The  Government  supports  special  schools  for  disabled  persons.  It  does  not  en- 
force a  1993  law  requiring  buildings  to  be  accessible  to  wheelchairs,  and  most  build- 
ings are  not.  However,  some  larger  cities,  including  Riga  and  Ventspils,  have  under- 
taken an  extensive  wheelchair  ramp  program  at  intersections. 

Religious  Minorities. — There  was  no  progress  reported  in  apprehending  the  per- 

f>etrators  of  the  1995  bombing  of  a  Riga  synagogue.  In  July  the  police  defused  a 
aiwe  bomb  planted  near  the  Jewish  hospital  in  Riga,  although  it  is  not  clear  wheth- 
er uie  bomb  was  targeted  against  the  hospital  or  an  adjoining  building. 

National  / Racial  / Ethnic  Minorities. — Of  Latvia's  more  than  2.5  million  registered 
residents,  there  are  more  than  765,000  ethnic  Russians,  100,000  ethnic  Belarusians, 
almost  70,000  ethnic  Ukrainians,  and  more  than  60,000  ethnic  Poles.  Nearly 
400,000  persons  belonging  to  national  or  ethnic  minorities  are  citizens.  Because  the 
majority  of  persons  belon^ng  to  national  and  ethnic  minorities  are  not  citizens,  they 
have  difficulty  participatmg  fully  in  civic  life.  Noncitizens  who  are  temporary  resi- 
dents have  particular  difficulty,  but  the  size  of  this  group  has  greatly  diminished 
since  the  adoption  and  implementation  of  the  1995  Law  on  the  Status  of  Former 
Soviet  Citizens  who  do  not  hold  Latvian  or  any  other  citizenship. 

This  law  reiterates  guarantees  of  basic  human  rights  and  provides  noncitizens 
who  have  been  permanent  residents  continuously  since  July  1,  1992,  with  the  rights 
to  change  residence,  leave  and  return,  and  invite  close  relatives  to  join  them  for  the 
purpose  of  family  reunification.  It  also  requires  the  registration  of  noncitizens  re- 
garoless  of  their  housing  status,  helping  to  resolve  cases  of  persons  previously  un- 
registered because  they  lived  in  former  Soviet  military  or  dormitory  housing.  The 
law  also  provides  for  issuance  of  new  travel  documents  reflecting  these  rights  (see 
Section  2.d.).  However,  Latvia  has  maintained  the  Soviet-era  practice  of  requiring 
the  holder's  ethnicity  to  be  printed  in  his  passport.  Groups  such  as  Roma  and 
Belarussians  have  complained  that,  because  the  passport  is  a  basic  form  of  identi- 
fication in  Latvia,  the  requirement  has  opened  them  to  various  forms  of  discrimina- 
tion based  on  ethnicity. 

Various  laws  prohibit  employment  of  noncitizens  in  certain  categories.  There  are 
also  a  few  distinctions  in  the  manner  of  calculating  eligibility  for  social  benefits  such 
as  pensions,  though  there  was  progress  in  1996  toward  eliminating  some  of  these 
differences.  At  the  request  of  the  parliamentary  human  rights  committee,  the 
NHRO  undertook  a  major  study  of  all  differences  between  the  status  of  citizens  and 
noncitizens  to  determine  whether  they  may  be  inconsistent  with  constitutional  pro- 
visions or  international  obligations  and  to  recommend  revisions  in  legislation  if  nec- 
essary. The  study,  released  m  December  1996,  identified  10  differences  between  the 
rights  of  citizens  and  noncitizens  that  the  NHRO  considered  to  be  inconsistent  with 
obligations  under  the  International  Covenant  on  Civil  and  Political  Rights.  These 
included  restrictions  on  noncitizen  employment  as  firefighters,  armed  guards,  pri- 
vate detectives,  members  of  airline  crews,  and  certified  attorneys,  as  well  as  holding 
licenses  as  pharmacists.  In  1997  the  restriction  on  noncitizens  working  as  fire- 
fighters and  airline  personnel  was  removed,  but  the  others  remain  in  force.  The 
NHRO  found  most  other  differences  to  be  consistent  with  international  standards 
and  practices  that  allow  a  state  to  limit  government  employment,  political  participa- 
tion, and  some  property  rights  to  those  persons  who  are  citizens. 

The  language  law  requires  employees  of  the  State  and  of  all  "institutions,  enter- 

f irises,  and  institutes"  to  know  sufficient  Latvian  to  carry  out  their  profession.  The 
aw  also  requires  such  employees  to  be  conversationally  proficient  in  Latvian  in 
order  to  be  able  to  deal  with  the  public.  Despite  the  language  law,  there  have  been 
no  reports  of  widespread  dismissals,  even  in  the  city  of  Daugavpils,  in  which  only 
15  percent  of  the  population  is  ethnically  Latvian.  Moreover,  Russian  is  the  prevail- 
ing language  in  state-owned  industrial  entenprises.  Nevertheless,  many  nonethnic 
Latvians  allege  that  they  have  been  disfranchised  and  that  the  language  law  dis- 
criminates against  them.  In  October  the  Cabinet  issued  regulations  requiring  Lat- 
vian language  competence  for  a  person  to  be  registered  and  receive  unemployment 
compensation  and  social  security  henefits,  even  when  such  people  pay  social  security 
taxes.  There  is  evidence  to  suggest  that  the  problem  is  particularly  acute  in  local 
government  administrations  outside  Riga. 

As  of  the  end  of  December,  the  Saeima  Education  and  Science  Committee  was  stiU 
considering  the  draft  of  a  more  restrictive  language  law,  which  passed  a  preliminary 
vote  in  the  Saeima  in  October.  In  its  original  form,  the  law  would  require,  among 
other  things,  cultural  societies,  religious  organizations,  and  minority  schools  to  carry 
out  their  activities  entirely  in  Latvian.  In  addition,  public  gatherings  and  even  pri- 
vate business  meetings  would  have  to  be  conducted  in  Latvian.  However,  faced  with 


1168 

strong  protests  from  critics  in  institutions  ranging  from  the  Ministry  of  Foreign  Af- 
fairs and  the  NHRO  to  factions  in  the  Saeima  itself,  and  from  foreign  missions  and 
embassies,  the  committee  removed  many  of  the  most  restrictive  provisions.  It  re- 
tained, however,  the  requirement  that  private  business  meetings  be  held  in  Latvian. 
According  to  the  comnuttee  chairman,  the  draft  is  to  be  submitted  to  the  Saeima 
for  a  second  vote  early  in  1998,  after  which  it  is  to  be  returned  to  the  committee 
for  additional  woris  before  a  final  Saeima  vote  later  in  the  year. 

Some  ethnic  Russians  have  also  complained  of  discrimination  resulting  from  the 
property  laws,  which  do  not  allow  incfividual  noncitizens  to  own  land.  Moreover, 
noncitizens  were  given  fewer  privatization  certificates  (which  can  be  used  to  pur- 
chase shares  of  stock  and  to  privatize  apartments  and  land)  than  citizens.  However, 
the  law  does  allow  land  ownership  by  companies  in  which  noncitizens  own  shares. 
The  local  Russian  media  and  the  Russian  Government  also  voiced  concern  about 
acts  of  vandalism,  including  an  attempt  in  June  by  an  extreme  right  wing  group 
called  Thundercross"  to  blow  up  the  Soviet  army  victory  monument  in  Riga.  Two 
people  died  in  the  blast.  In  September  police  arrested  several  youths  belonging  to 
^Tiundercross"  in  connection  with  the  explosion.  The  Riga  City  Council  voted  funds 
to  repair  the  memorial,  but  the  damage  to  the  structure  may  be  irreparable. 

The  Government  has  agreed  to  continue  using  Russian  as  the  language  of  instruc- 
tion in  public  schools  where  the  pupils  are  primarily  Russian  speakers.  It  also  sup- 
ports schools  in  eight  other  minority  languages.  Although  all  non-Latvian-spetiking 
students  in  public  schools  are  supposed  to  learn  Latvian  and  to  study  a  minimum 
number  of  subjects  in  Latvian,  there  are  shortages  of  qualified  teachers. 

Most  state-runded  university  education  is  in  Latvian,  and  incoming  students 
whose  native  language  is  not  Latvian  must  pass  a  Latvian  language  entrance  exam- 
ination. However,  there  are  several  private  institutions  offering  higher  education  in 
Russian.  In  midyear  the  Minister  oi  Education  declined  to  autnorize  establishment 
of  a  branch  of  the  Moscow  State  University  in  Riga,  but  the  issue  may  be  revisited. 

A  lively  debate  continued  over  proposals  in  a  draft  education  law  that  all  second- 
ary education  in  public  schools  be  in  Latvian  by  the  year  2005.  The  Parliament  was 
considering  several  hundred  amendments  to  the  education  law,  and  it  took  no  le- 
gally binding  decision  on  the  long  term  prospects  of  state-funded  minority  language 
education. 

Throughout  the  year  President  Ulmanis  spoke  out  forcefully  in  favor  of  the  rights 
of  ethnic  minorities  and  of  social  integration,  notably  in  his  Independence  Day  ad- 
dress to  the  nation  on  November  18.  On  other  occasions  he  also  expressed  his  regret 
for  Latvia's  part  in  persecuting  Jews  during  World  War  II  and  urged  that  such  in- 
tolerance never  again  be  permitted.  The  President's  Council  on  Minorities  and  Na- 
tionalities continued  to  struggle  to  define  a  role  for  itself.  During  the  summer,  one 
of  its  members  resigned  to  protest  what  he  considered  the  Council's  passivity.  Inde- 
pendent observers  say  that  individual  Council  members  are  well  intentioned,  but  ex- 
press disappointment  that  the  Council  has  not  played  a  more  active,  public  part  in 
addressing  minority  issues;  it  has  made  no  recommendations  since  coming  into 
being. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Law  on  Trade  Unions  mandates  that  workers, 
except  for  the  uniformed  military,  have  the  right  to  form  and  join  labor  unions  of 
their  own  choosing.  Union  membership,  which  had  been  about  50  percent  of  the 
work  force  in  1993,  continued  to  fall  as  workers  left  Soviet-era  unions  that  include 
management  or  were  laid  off  as  Soviet-style  factories  failed.  In  general  the  trade 
union  movement  is  undeveloped  and  still  in  transition  from  the  socialist  to  the  free 
market  model. 

Current  law  does  not  limit  the  right  to  strike.  A  few  job  actions,  including  a  teach- 
ers "phone  in"  to  protest  low  pay,  occurred.  Although  many  state-owned  factories  are 
on  the  verge  of  bankruptcy  and  seriously  behind  in  wage  payments,  workers  fear 
dismissal  if  they  strike.  While  the  law  bans  such  dismissals,  the  government  has 
not  effectively  enforced  these  laws. 

Unions  are  free  to  affiliate  internationally  and  are  developing  contacts  with  Euro- 
pean labor  unions  and  international  labor  union  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Labor  unions  have  the  right 
to  bargain  collectively  and  are  largely  free  of  government  interference  in  their  nego- 
tiations with  employers.  The  law  prohibits  discrimination  against  union  members 
and  organizers.  Some  emerging  private  sector  businesses,  however,  threaten  to  fire 
union  members.  These  businesses  usually  provide  better  salaries  and  benefits  than 
are  available  elsewhere.  The  Government's  ability  to  protect  the  right  to  organize 
in  the  private  sector  is  weak. 

There  are  no  export  processing  zones.  I 


1169 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 

Kulsory  labor,  including  among  children,  and  it  is  not  practiced.  Inspectors  from  the 
linistry  of  Welfare's  Labor  Department  enforce  this  ban. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  stat- 
utory minimum  age  for  einployment  of  children  is  15  years,  although  those  from  13 
to  15  years  of  age  may  work  in  certain  jobs  after  school  hours.  Chilm-en  are  required 
to  attend  school  for  9  years.  The  law  restricts  employment  of  those  under  age  18, 
for  instance,  by  banning  night  shift  or  overtime  work.  State  authorities  are  Tax  in 
their  enforcement  of  child  labor  and  school  attendance  laws.  However,  there  is  no 
evidence  of  forced  or  bonded  labor  involving  children  that  is  prohibited  by  law  (see 
Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  Government  raised  the  monthly  minimum 
wage  to  about  $70  (38  lats),  far  below  the  amount  that  trade  union  officials  describe 
as  the  bare  minimum  for  survival.  Many  factories  are  virtually  bankrupt  and  have 
reduced  work  hours.  The  Labor  Code  provides  for  a  mandatory  40-hour  maximum 
workweek  with  at  least  one  24-hour  rest  period  weekly,  4  weeks  of  annual  vacation, 
and  a  program  of  assistance  to  working  mothers  with  small  children.  The  laws  es- 
tablish minimum  occupational  health  and  safety  standards  for  the  workplace,  but 
these  standards  are  frequently  ignored.  Workers  have  the  legal  right  to  remove 
themselves  from  hazardous  work  situations,  but  these  standards  are  frequently  ig- 
nored in  practice. 


LIECHTENSTEIN 

The  Principality  of  Liechtenstein  is  a  constitutional  monarchy  and  parliamentary 
democracy.  The  reigning  Prince  is  the  Head  of  State;  all  legislation  enacted  by  the 
popularly  elected  Parliament  (Landtag)  must  have  his  concurrence.  The  Landtag 
elects  and  the  Prince  appoints  the  members  of  the  Government  and  of  the  function- 
ally independent  judiciary. 

The  Interior  Ministry  effectively  oversees  the  regular  and  auxiliary  police  forces. 
There  is  no  standing  military  force. 

Despite  its  small  size  and  limited  natural  resources,  Liechtenstein  has  developed 
during  recent  decades  from  an  agrarian  society  into  a  prosperous,  highly  industri- 
alized, free-enterprise  economy  with  a  vital  service  sector.  It  participates  in  a  cus- 
toms union  with  Switzerland  and  uses  the  Swiss  franc  as  its  national  currency. 
Liechtenstein  is  a  member  of  the  European  Economic  Area  (EEA).  Citizens  enjoy  a 
veiy  high  standard  of  living.  Unemployment  was  only  1.4  percent  in  1997. 

The  Government  respects  the  human  rights  of  its  citizens  provided  for  in  the  Con- 
stitution, and  the  law  and  judiciary  provide  efTective  means  of  dealing  with  individ- 
ual instances  of  abuse.  The  Government  is  working  to  eliminate  societal  discrimina- 
tion against  women. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  torture  and  cruel  punishment,  and  there  were  no  reports  of  the 
use  of  such  methods. 

Prison  conditions  meet  minimum  international  standards,  and  the  Government 
permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  provides  for  freedom  from  arbi- 
trary arrest  and  detention,  and  the  authorities  honor  these  provisions.  Within  24 
hours  of  arrest,  the  police  must  bring  suspects  before  an  examining  magistrate,  who 
must  either  file  formal  charges  or  order  release.  The  law  grants  suspects  the  right 
to  legal  counsel  of  their  own  choosing,  at  no  cost  if  they  are  indigent.  Release  on 
personal  recognizance  or  bail  is  granted  unless  the  examining  magistrate  has  reason 
to  believe  the  suspects  are  a  danger  to  society  or  will  not  appear  for  trial. 

There  is  no  provision  for  exile,  and  it  does  not  occur. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary. The  judicial  system  has  three  tiers:  lower  court,  high  court,  and  Supreme 
Court.  In  addition,  an  Administrative  Court  hears  appeals  against  government  deci- 
sions. Also,  the  State  Court  protects  the  rights  accorded  by  the  Constitution,  decides 


1170 

on  conflicts  of  jurisdiction  between  the  law  courts  and  the  administrative  authori- 
ties, and  acts  as  a  disciplinary  court  for  members  of  the  Government. 

The  Constitution  provides  for  public  trials  and  judicial  appeal,  and  the  authorities 
respect  these  provisions. 

The  Constitution  authorizes  the  F*rince  to  alter  criminal  sentences  or  pardon  of- 
fenders. However,  if  the  offender  is  a  member  of  the  Government  and  is  sentenced 
for  a  crime  in  connection  with  official  duties,  the  Prince  can  take  such  action  only 
if  the  Parliament  requests  it. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — ^The 
Constitution  provides  for  p>ersonal  liberty  and  for  inviolability  of  the  home,  postal 
correspondence,  and  telephone  conversations.  No  violations  were  reported.  Police 
need  a  judicial  warrant  to  search  private  property. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^An  independent  press,  an  eflective  judiciary, 
and  a  democratic  political  system  combine  to  ensure  freedom  of  speech  and  the 
press.  Two  daily  newspapers  are  published,  each  representing  the  interests  of  one 
of  the  two  major  political  parties,  as  is  one  weekly  news  magazine.  There  is  a  state- 
owned  television  station  and  a  private  radio  station,  but  residents  freely  receive 
radio  and  television  broadcasts  from  neighboring  countries.  An  information  bulletin 
is  also  issued  by  the  third  party  ("Freie  Liste")  represented  in  Parliament. 

The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assem,bly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly  and  association,  and  the  authorities  do  not  interfere  with  these 
rights  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  does  not  hamper  the  teaching  or  practice  of  any  faith.  The  finances  of 
the  Roman  Catholic  Church  are  integrated  directly  into  the  budgets  of  the  national 
and  local  governments.  Roman  Catholic  or  Protestant  religious  education  is  compul- 
sory in  aU  schools,  but  the  authorities  routinely  grant  exemptions  for  children  whose 
parents  so  request. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  have  unrestricted  freedom  to  travel  in  or  outside  the  country, 
to  emigrate,  and  to  return. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees. 

The  Government  provides  first  asylum,  but  the  country's  lack  of  an  airport  or  an 
international  train  station  means  that  it  receives  few  requests  (only  one  was  re- 
ceived in  1996—97,  which  was  rejected).  Those  entering  to  cross  the  Austrian  border 
without  permission  are  sent  to  Austrian  authorities  in  accordance  with  a  bilateral 
agreement.  Those  entering  from  a  third  country  through  Switzerland  are  dealt  with 
on  a  case-by-case  basis.  A  new  asylum  law  is  in  preparation. 

The  Government  has  not  granted  asylum  to  the  18  Tibetans  who  entered  the 
country  in  1993  but  has  decided  for  the  time  being  not  to  force  them  to  return.  A 
total  of  158  refugees  from  the  former  Yugoslavia  are  still  in  the  country.  Two  state- 
less persons  of  unknown  origin  are  still  in  the  country  as  well,  but  their  status  has 
not  yet  been  determined. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  this  right;  Liechtenstein  is  a  constitutional  monarchy  and  a  par- 
liamentary democracy.  The  monarchy  is  hereditary  in  the  male  line.  The  25-member 
unicameral  legislature  is  elected  every  4  years.  Suffrage  is  universal  for  adults  over 
age  20,  and  balloting  is  secret.  A  two-party  coalition  has  formed  the  Government 
since  1938,  but  after  the  parliamentary  elections  in  February,  one  of  the  coalition 
parties  (Fortschrittliche  Buergerpartei)  decided  to  join  the  third  party  (the  "Freie 
Liste  ")  in  opposition  in  Parliament.  The  "Vaterlaendische  union"  is  now  the  only 
party  in  power,  and  occupies  all  five  cabinet  positions.  Other  parties  operate  freely. 
Citizens  regularly  vote  on  initiatives  and  referenda. 

Since  women  gained  the  right  to  vote,  a  growing  number  have  been  active  in  poli- 
tics. One  woman,  the  Foreign  Minister,  is  among  the  five  members  of  the  Cabinet, 
and  one  is  a  member  of  Parliament.  Women  serve  on  the  executive  committees  of 
the  major  parties. 


1171 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  sole  local  human  rights  organization,  Justitia  Et  Pax,  is  an  informal  group 
of  about  10  persons  who  monitor  prison  conditions  and  assist  foreign  workers  with 
immigration  matters. 

No  requests  were  received  from  any  source  for  investigation  of  human  ri^ts  vio- 
lations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  discrimination  on  the  basis  of  race,  language,  or  social  status, 
and  the  autnorities  respect  these  provisions. 

Women. — The  law  prohibits  all  fonns  of  domestic  violence,  and  the  Government 
vi^rously  prosecutes  those  who  violate  the  law.  According  to  police  statistics,  bodily 
iiyuries  were  inflicted  on  four  women  by  their  partners  in  the  first  half  of  1997. 
Liechtenstein  operates  one  shelter,  which  provided  refuge  for  15  abused  women  in 
the  first  half  of  1997,  only  6  of  whom  were  citizens. 

In  September  the  government  Bureau  for  the  Promotion  of  Equal  Rights  for 
Women  and  Men  started  an  antiviolence  campaign,  focusing  especially  on  puolic  vio- 
lence, such  as  sexual  harassment  in  the  workplace,  as  well  as  on  violence  in  rela- 
tionships. This  campaign  fostered  widespread  public  awareness.  In  1997  the  Govern- 
ment supported  the  women's  shelter  with  over  $350,000  (250,000  SwF). 

Societal  discrimination  still  limits  opportunities  for  women  in  fields  traditionally 
dominated  by  men.  On  the  aggregate  level,  men  earn  more  than  women.  It  is,  how- 
ever, unclear  if  this  fact  represents  overt  discrimination.  In  accordance  with  a  1992 
constitutional  amendment  mandating  equality  for  women.  Parliament  has  amended 
a  significant  number  of  laws  to  ensure  equality  of  treatment.  Among  other  things, 
Parfiament  has  revised  the  citizenship  law,  the  employment  law,  the  law  on  labor 
conditions,  the  tax  law,  and  is  currently  overhauling  the  matrimony  law.  The  proc- 
ess of  amending  laws  to  ensure  equality  of  treatment  is  almost  complete.  In  addi- 
tion, a  law  for  equal  rights  for  women  and  men  in  the  labor  market  is  in  prepara- 
tion. 

There  are  three  active  women's  rights  groups.  Their  chief  concerns  are  public  af- 
fairs, information,  legal  counseling,  lobbying,  and  other  political  activities  for  wom- 
en's rights. 

Children. — ^The  Government  demonstrates  its  strong  commitment  to  children's 
rights  and  welfare  through  its  well-funded  systems  of  public  education  and  medical 
care.  The  Government  provides  compulsory,  free,  and  universal  primary  school  edu- 
cation for  children  of  both  sexes  up  to  the  age  of  16.  No  sectors  or  groups  are  ex- 
cluded. 

The  Government  supports  programs  to  protect  the  rights  of  children  and  matches 
contributions  made  to  tne  four  nongovernmental  organizations  monitoring  children's 
rights.  A  children-and-youth  service  belonging  to  the  Ofilce  for  Social  Services  over- 
sees the  implementation  of  government-supported  programs  for  children. 

There  is  no  pattern  of  societal  abuse  against  children. 

People  With  Disabilities. — ^Although  the  law  does  not  expressly  prohibit  discrimi- 
nation against  people  with  disabilities,  complaints  of  such  discrimination  may  be 
pursued  in  the  courts.  Amendments  to  the  law  on  insurance  for  the  disabled,  which 
18  intended  to  improve  the  economic  situation  of  disabled  persons,  came  into  force 
in  January. 

The  Government  requires  that  buildings  and  government  services  be  made  acces- 
sible for  people  with  disabilities. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — All  workers,  including  foreigners,  are  free  to  associ- 
ate, join  unions  of  their  choice,  and  select  their  own  union  representatives.  Due  to 
the  country's  small  size  and  population,  only  one  trade  union  operates,  representing 
about  13  percent  of  the  work  force.  The  trade  union,  however,  looks  after  the  inter- 
ests of  nonmembers  as  well.  It  is  a  member  of  the  World  Confederation  of  Labor 
but  is  represented  on  an  ad  hoc  basis  by  a  Swiss  union. 

Workers  have  the  right  to  strike  except  in  certain  essential  services.  No  strikes 
are  known  to  have  taken  place  in  the  last  27  years.  The  law  does  not  provide  spe- 
cific protection  for  those  who  strike.  Employers  may  dismiss  employees  for  refusal 
to  work;  such  dismissals  may  be  contested.  In  1997  the  Government  incorporated 
European  Economic  Area  guidelines  into  labor  law  legislation  that  came  into  force 
in  the  spring.  These  guidelines  require  that,  among  other  things,  employers  enter 
into  consultations  in  cases  of  projected  mass  dismissals,  and  submit  employment 
contracts  in  written  form. 


1172 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  the  right 
of  workers  to  organize  and  bargain  collectively.  However,  collective  bai^gaining 
agreements  are  generally  adapted  from  ones  negotiated  by  Swiss  employers  and 
unions. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  oom- 

Sulsoiy  labor,  and  there  were  no  reports  of  violations.  Except  by  implication,  the  law 
oes  not  specifically  forbid  forced  and  bonded  labor  by  children,  but  such  practices 
are  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment does  not  specifically  prohibit  forced  and  bonaed  labor  oy  children,  but  such 
practices  are  not  known  to  occur  (see  Section  6.C.).  The  law  generally  prohibits  em- 
ployment of  children  under  16  years  of  age;  however,  exceptions  may  be  made, 
under  certain  circumstances,  for  some  employment  of  youths  older  than  aige  13  and 
for  those  leaving  school  after  age  14.  Children  over  age  13  may  be  employed  in  light 
duties  for  not  more  than  9  hours  a  week  during  the  school  year  and  15  hours  at 
other  times. 

Inspections  are  adequate.  No  employers  have  been  fined  or  imprisoned  for  viola- 
tions of  the  law.  The  Government  devotes  adequate  resources  and  oversight  to  child 
labor  policies.  The  observance  of  the  law  is  effectively  supervised  by  the  Department 
for  Worker  Safety  of  the  Office  of  the  National  Economy. 

e.  Acceptable  Conditions  of  Work. — There  is  no  national  minimum  wage,  but  even 
the  lowest  actual  wages  afford  a  decent  living  for  workers  and  their  families.  The 
law  sets  the  maximum  workweek  at  45  hours  for  white-collar  workers  and  employ- 
ees of  industrial  firms  and  sales  personnel,  and  50  hours  for  all  other  workers.  The 
actual  workweek  is  usually  40  to  43  hours.  With  few  exceptions,  Sunday  work  is 
not  allowed.  Workers  over  age  20  receive  at  least  4  weeks  of  vacation;  younger  ones, 
at  least  5  weeks. 

The  law  sets  occupational  health  and  safety  standards,  and  the  Department  for 
Worker  Safety  of  the  Office  of  the  National  Economy  effectively  enforces  these  provi- 
sions. The  law  provides  for  a  hearing  in  cases  in  which  workers  remove  themselves 
from  dangerous  situations. 


LITHUANIA 

Lithuania  is  a  parliamentary  democracy,  having  regained  its  independence  in 
1990  after  more  than  50  years  of  forced  annexation  by  the  Soviet  Union.  The  Con- 
stitution, adopted  by  referendum  in  1992,  established  a  141-member  unicameral  leg- 
islature, the  Seimas;  a  directly  elected  president,  who  functions  as  Head  of  State; 
and  a  government  formed  by  a  prime  minister  and  other  ministers,  appointed  by 
the  President  and  approved  by  the  Seimas.  The  Government  exercises  authority 
with  the  approval  of  the  Seimas  and  the  President.  In  fair  elections  in  1992,  the 
Lithuanian  Democratic  Labor  Party  (LDDP) — the  successor  to  the  Communist  Party 
of  Lithuania,  which  in  1989  broke  away  from  the  Soviet  Communist  Party — won  a 
majority  of  parliamentary  seats  and  formed  the  Government.  In  1993  voters  elected 
Algirdas  Brazauskas,  then  Chairman  of  the  LDDP,  as  President.  The  Conservatives 

grevailed  in  the  October  and  November  parliamentary  elections,  followed  by  the 
hristian  Democrats.  The  two  parties  formed  a  coalition  government  (the  first  in 
Lithuemia's  history). 

A  unified  national  police  force  under  the  jurisdiction  of  the  Interior  Ministry  is 
responsible  for  law  enforcement.  The  State  Security  Department  is  responsible  for 
internal  security  and  reports  to  Parliament  and  the  President.  The  police  committed 
a  number  of  human  rights  abuses. 

Since  independence,  Lithuania  has  made  steady  progress  in  developing  a  mariiet 
economy.  Over  40  percent  of  state  property,  in  addition  to  most  housing  and  small 
businesses,  has  been  privatized.  Trade  is  diversifying,  and  expanding  both  to  the 
West  and  the  East.  Trie  largest  number  of  residents  are  employed  in  agriculture 
(21.7  percent),  followed  by  industrial  enterprises  (20.7  percent,  including  electricity, 
gas,  and  water  supply)  and  wholesale  and  retail  trade  (16  percent).  About  33.3  per- 
cent of  those  employed  work  for  state  enterprises,  while  66.7  percent  are  employed 
by  private  companies.  The  agricultural  sector's  high  proportion  of  the  work  force  re- 
ffects  a  lack  of  eflicient  consolidation  of  small  private  farms  and  represents  a  vocal 
protectionist  current  in  economic  policy  debate.  The  banking  system  remains  weak, 
but  laws  on  banking  control  and  supervision  are  in  place  and  a  number  of  large  pri- 
vate banks  are  undergoing  outside  audits.  The  inflation  rate  for  the  first  half  of 
1997  was  4.8  percent,  compared  with  an  annual  rate  of  13.1  percent  for  1996.  Per 


1173 

capita  gross  domestic  product  for  the  first  half  of  1997  was  estimated  at  $1,200 
(4,800  utas)  and  unemployment  at  mid-year  was  5.3  percent.  The  balance  of  trade 
remfuns  negative  due  to  imports  of  gas  and  other  energy  products  from  Russia. 
Major  exports  include  textUe  and  kmtwear  products,  timber  and  furniture,  elec- 
tronic goods,  food,  and  chemical  and  petroleum  products. 

The  Government  generally  respects  the  human  rights  of  its  citizens,  but  problems 
remain  in  some  areas.  Police  on  occasion  beat  detainees  and  abuse  detention  laws. 
The  Government  is  making  some  progress  in  bringing  police  corruption  under  con- 
trol. Prison  conditions  remain  poor. 

The  police  investigated  the  desecration  of  one  Jewish  site  and  one  Polish  site  but 
identified  no  suspects.  State  media  continues  to  be  subject  to  political  interests.  Vio- 
lence and  discrimination  against  women  and  child  abuse  are  serious  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
There  is  a  problem,  however,  of  women  who  have  been  forced  or  willingly  sold  into 
prostitution  by  organized  crime  figures  (see  Section  5).  Their  families,  unaware  of 
the  situation,  claim  that  they  have  disappeared  or  have  been  kidnaped. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  specifically  forbids  torture,  and  there  were  no  reports  of  its  use. 
However,  police  sometimes  beat  or  otherwise  physically  mistreated  detainees.  The 
local  press  reported  that  incidents  of  police  brutality  are  becoming  more  common. 
In  many  instances,  the  victims  reportedly  are  reluctant  to  bring  charges  against  po- 
lice officers  for  fear  of  repriseds.  A  total  of  85  officers  were  dismissed  for  illegal  or 
fraudulent  activities  in  the  first  6  months  of  1997  for  a  variety  of  offenses,  including 
41  persons  convicted  of  committing  crimes.  The  Interior  Ministry  states  that  district 
police  insj)ectors  are  the  most  negligent  in  the  force.  To  strengthen  the  integrity  of 
the  police,  the  Inspectorate  General  of  the  interior  ministry  was  given  administra- 
tive autonomy  in  May. 

Human  rights  violations  committed  by  noncommissioned  military  personnel  con- 
tinue, despite  efforts  to  quash  criminal  bullying — a  practice  inherited  from  the 
former  Soviet  armed  forces.  However,   such  violations  decreased  compared  with 

1996,  when  there  were  121  incidents  and  10  legal  cases  were  brought.  In  the  first 
6  months  of  1997,  29  incidents  were  reported  with  four  cases  filed.  According  to  the 
Ministry  of  National  Defense,  most  trauma  inflicted  on  conscripts  is  psychological 
rather  than  physical:  there  were  four  cases  of  assault,  one  case  of  a  broken  cheek- 
bone and  one  concussion  recorded  in  1996  and  in  the  first  half  of  1997  there  were 
two  cases  of  assault,  two  cases  of  broken  bones,  and  one  concussion.  The  Ministry 
believes  that  a  lack  of  professionalism  among  noncommissioned  oflicers — rather 
than  ethnic,  regional,  or  social  factors — is  a  primary  factor  in  cases  of  hazing,  and 
it  is  woriting  actively  to  improve  the  skills  and  judgment  of  such  officers. 

Prison  conditions  are  poor.  Due  to  limited  resources,  most  prisons  are  over- 
crowded and  poorly  maintained.  Prisoners  on  death  row  or  serving  life  sentences  are 
required  to  wear  special  striped  uniforms.  Human  rights  monitors  are  permitted  to 
visit  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Except  in  cases  that  come  under  provi- 
sions of  the  Preventive  Detention  Law  (described  below),  police  may  detain  a  person 
for  up  to  72  hours  based  upon  reliable  evidence  of  criminal  activity.  Under  a  law 
passed  in  June,  a  judge  must  also  approve  the  detention.  At  the  end  of  that  period, 
police  must  decide  whether  or  not  to  make  a  formal  arrest,  and  a  magistrate  must 
approve  an  arrest  warrant.  The  authorities  have  a  total  of  10  days  to  present  sup- 
porting evidence.  Once  a  suspect  is  formally  charged,  prosecutors  may  keep  the  sus- 

fiect  under  investigative  arrest  for  up  to  2  months  before  taking  the  suspect  to  court, 
n  exceptional  cases,  investigative  arrest  may  be  extended  by  a  further  6  to  9 
months  with  the  written  approval  of  the  Prosecutor  (general.  The  Constitution  pro- 
vides for  the  right  to  an  attorney  from  the  moment  of  detention. 
In  an  effort  to  cope  with  the  rise  in  violent  organized  crime,  in  1993  Parliament 

{)assed  the  Preventive  Detention  Law  pertaining  to  persons  suspected  of  being  vio- 
ent  criminals.  The  law,  which  was  passed  as  a  temporary  measure  and  lasted  until 

1997,  allowed  police,  but  not  the  internal  security  and  armed  forces,  to  detain  sus- 
pected violent  criminals  for  up  to  2  months  rather  than  only  for  the  standard  72- 
hour  period.  The  effect  of  the  law  is  to  give  prosecutors  and  investigators  additional 
time  to  conduct  an  investigation  and  file  formal  criminal  charges  against  the  de- 
tainee. Those  apprehended  must  be  released  after  2  months  if  an  investigation  does 


1174 

not  lead  to  formal  charges.  Local  police  commissioners  must  obtain  the  Prosecutor 
General's  approval  of  each  arrest  carried  out  under  the  provisions  of  this  law.  In 
the  first  6  months  of  the  year,  303  people  were  detained  pursuant  to  this  law  com- 
pared with  over  338  for  all  of  1996.  Or  the  303,  185  were  released  after  2  months, 
as  their  guilt  had  not  been  proven. 

The  Parliament  voted  in  December  1995  to  extend  this  law  for  an  additional  year, 
maintaining  provisions  carried  over  from  1995  modifications,  including  checks  on 
prosecutorial  abuse.  The  law  requires  that  a  detainee  must  be  informed  within  3 
nours  following  arrest  about  the  length  of  the  preventive  detention  being  considered 
(not  to  exceed  2  months),  and  must  be  brougnt  before  a  court  within  48  hours  of 
arrest  for  a  ruling  on  the  legality  of  the  detention.  Furthermore,  a  detainee  has  the 
legal  right  to  consult  with  an  attorney  during  the  period  of  detention.  The  law  gives 
law  eniorcement  officials  wide  latitude  in  msQcing  arrest  decisions  and  may  be  open 
to  abuse.  Parliamentarians  who  voted  against  the  extension  stated  that  preventive 
detention  was  not  in  keeping  with  the  Constitution  and  the  European  Convention 
on  Beisic  Human  Rights  and  Freedoms.  The  Prosecutor  General,  however,  reported 
that  althou^  a  drastic  measure,  it  is  effective.  In  several  well-publicized  cases,  the 
law  helped  to  convict  and  sentence  dangerous  criminals  to  lengthy  prison  terms.  In 
many  other  instances,  however,  the  suspects  were  freed  without  charge  after  expira- 
tion of  the  maximum  detention  period,  leading  some  observers  to  believe  that  the 
police  are  abusing  the  length  of  the  detention  period  provided  by  this  law. 

There  is  no  provision  for  exile,  nor  is  it  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  judiciary  is  independent  in  practice. 

Efforts  continued  in  1996  to  reform  legal  codes  imposed  during  the  Soviet  era. 
Parliament  passed  new  civil  and  criminal  procedure  codes  as  well  as  a  Court  Reform 
Law  in  1995.  The  judicial  system  presently  consists  of  a  two-tier  structure  of  district 
courts  and  a  Supreme  Court,  which  is  an  appellate  court.  There  is  also  a  Constitu- 
tional Court.  Court  decisions  sire  arrived  at  independently.  The  Prosecutor  General 
exercises  an  oversight  responsibility  through  a  network  of  district  prosecutors  who 
work  with  j)olice  investigators — employed  by  the  Ministry  of  the  Interior — in  prepar- 
ing the  prosecution's  evidence  for  the  courts.  The  institution  of  lay  assessors  was 
abolished  at  the  end  of  1994. 

Under  the  provisions  of  the  Court  Reform  Law,  two  new  kinds  of  courts  were  cre- 
ated. Local  district  courts  were  set  up  below  the  present  district  courts  to  handle 
cases  at  the  municipal  level,  while  a  new  appellate  court  level  hears  appeals  arising 
from  district  court  decisions,  thereby  reducing  the  case  load  of  the  overburdened  Su- 
preme Court.  In  addition  a  commercial  court  is  in  operation  through  the  district 
courts. 

An  arbitration  system  is  pending.  In  addition,  as  a  result  of  accession  to  the 
Council  of  Europe,  the  Ministry  of  Justice  has  begun  a  thorough  review  of  Lithua- 
nia's laws  with  a  view  towards  bringing  them  into  accord  with  the  provisions  of  the 
European  Convention  on  Human  Rights. 

The  Constitution  provides  defendants  with  the  right  to  counsel.  In  practice  the 
rirfit  to  legal  counsel  is  abridged  by  the  shortage  of  trained  advocates  who  find  it 
difficult  to  cope  with  the  burgeoning  numbers  oi  criminal  cases  brought  before  the 
courts.  Outsiae  observers  have  recommended  the  establishment  of  a  public  defender 
system  to  regularize  procedures  for  provision  of  legal  assistance  to  indigent  persons 
charged  in  criminal  cases.  By  law  defense  advocates  have  access  to  government  evi- 
dence and  may  present  evidence  and  witnesses.  The  courts  and  law  enforcement 
agencies  generally  honor  routine,  written  requests  for  evidence. 

Government  rehabilitation  of  over  50,000  persons  charged  with  anti-Soviet  crimes 
during  the  Stalin  era  led  to  reports  in  1991  that  some  people  alleged  to  have  been 
involved  with  crimes  against  humanity  during  the  Nazi  occupation  had  benefited 
from  this  rehabilitation.  A  special  judicial  procedure  was  established  to  examine 
each  case  in  which  an  individual  or  organization  raised  an  objection  that  a  rehabili- 
tated person  may  have  committed  a  crime  against  humanity.  In  1994  the  Supreme 
Court  overturned  the  rehabilitation  of  three  persons  whose  cases  were  pending  from 
1993;  there  have  been  no  such  rulings  by  tne  Supreme  Court  since  that  time,  al- 
though preparations  to  establish  a  legal  procedure  for  regulating  the  annulment  of 
rehabilitation  are  under  way. 

Formal  charges  have  yet  to  be  brought  against  Aleksandras  Lileikis,  an  alleged 
war  criminal.  After  being  stripped  of  his  U.S.  citizenship  in  May  1996  for  concealing 
his  World  War  II  activities,  that  allegedly  included  acts  of  genocide  when  he  headed 
the  security  police  of  the  Vilnius  district  under  Nazi  control,  Lileikis  returned  to 
Lithuania.  Prosecutor  General  Kazys  Pednycia  actively  investigated  the  case  after 
his  appointment  in  February  ,  and  was  prepared  to  prosecute  Lileikis  by  the  end 
of  June.  However,  the  law  stipulates  that  the  accused  cannot  be  prosecuted  if  his 


1175 

medical  condition  is  poor.  At  90  years  of  age,  LUeikis  is  not  healthy.  Given  the  scope 
of  his  cdleged  crimes,  however,  the  Government  and  Parliament  sought  mechanisms 
to  allow  prosecution  to  proceed.  Legislation  allowing  a  case  to  be  presented  throu^ 
the  defense  attorney  to  the  accused  unanimously  passed  the  Seimas  on  December 
23.  The  prosecution  of  Aleksandras  Lileikis  is  expected  to  proceed  in  January  1998. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  FamUy,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  right  to  privacy.  Tne  authorities  do  not  engage  in  in- 
discriminate or  widespread  monitoring  of  the  correspondence  or  conmiunications  of 
citizens.  With  the  written  authorization  of  a  prosecutor  or  judge,  however,  police 
and  the  security  service  may  engage  in  surveillance  and  monitoring  activities  on 
grounds  of  national  security.  Except  in  cases  of  hot  pursuit  or  the  danger  of  dis- 
appearance of  evidence,  police  must  obtain  a  search  warrant  signed  by  a  prosecutor 
beibre  they  may  enter  pnvate  premises. 

It  is  widely  assumed,  however,  that  law  enforcement  agencies  have  increased  the 
use  of  a  range  of  surveillance  methods  to  cope  with  the  expansion  of  organized 
crime.  There  is  some  question  as  to  the  legal  oasis  of  this  police  surveillance,  but 
there  are  no  known  legal  challenges  to  such  surveillance. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press.  The  Government  generally  respects  tnese  ri^ts  in  practice. 

F*rior  restraint  over  either  print  or  broadcast  media  and  restrictions  on  disclosure 
are  prohibited,  unless  the  Government  determines  that  national  security  is  involved. 
The  Parliament  adopted  its  long-awaited  media  law  in  July  1996,  after  a  draft  pub- 
lic information  law  failed  to  pass  in  November  1995  because  most  independent  news 
publications  and  many  prominent  journalists  protested  that  it  was  too  restrictive. 
The  new  media  law  introduced  an  element  oi  self-regulation  but  postponed  a  dif- 
ficult decision  on  television  advertising.  Under  the  new  law,  the  media  are  to  create 
a  special  ethics  commission  and  ombudsman  to  check  libel  cases  and  other  com- 
plamts.  The  final  version  of  the  law  allows  reporting  on  the  private- lives  of  officials 
as  long  as  the  information  affects  the  welfare  of  the  people. 

The  independent  print  media  has  flourished  since  independence,  including  a  wide 
range  of  economic  newspapers  and  specialty  magazines.  Ofiicially  there  are  over 
2,0W)  newspapers  and  magazines  registered,  but  only  a  fraction  are  still  published. 

Many  investigative  journalists  covering  organized  crime  were  harassed  by  and  re- 
ceived death  threats  from  organized  "crime  families." 

State  radio  and  five  private  radio  stations  broadcast  throughout  the  country.  In 
addition  to  state  television,  which  is  in  the  process  of  being  transformed  into  public 
television,  three  private  television  stations  also  broadcast  regular  programming  na- 
tionwide. Additional  radio  and  television  stations,  including  a  Polish-language  radio 
station  in  the  Vilnius  region,  are  found  throughout  the  country  in  population  cen- 
ters. 

There  are  no  restrictions  on  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

The  Communist  Party  of  Lithuania  and  other  organizations  associated  with  the 
Soviet  regime  continue  to  be  banned. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  religious  freedom,  and  the 
Government  generally  respects  this  provision  in  practice.  The  Law  on  Religious 
Communities  and  Associations  was  passed  in  October  1995.  It  grants  religious  com- 
munities, associations,  and  centers  property  rights  to  prayer  houses,  homes,  and 
other  buildings  and  permits  construction  necessary  for  their  activities.  Article  5  of 
this  law  mentions  nine  religious  communities  that  have  been  declared  "traditional" 
by  the  law  and  therefore  are  eligible  for  governmental  assistance:  Latin  Rite  Catho- 
lics, Greek  Rite  Catholics,  Evangelical  Lutherans,  Evangelical  Reformers,  Orthodox, 
Old  Believers,  Jews,  Sunni  Muslims,  and  Karaites.  There  are  no  restrictions  on  the 
activities  of  other  religious  communities. 

Relations  between  the  Government  and  the  officially  registered  Jewish  community 
are  good.  However,  the  Hasidic  Chabad  Lubavich  community  is  having  difficulties 
registering  as  a  traditional  Jewish  religion.  The  Ministry  of  Justice  argues  that  the 
Chabad  Lubavich  is  not  a  part  of  Lithuania's  historical,  spiritual,  or  social  heritage 
and  therefore  cannot  be  registered  as  traditional  (Article  5  of  the  Law  on  Religious 
Communities  and  Associations).  The  Ministry  states  that  the  Chabad  Lubavich  does 
not  have  a  continuity  of  traditions  and  is  a  separate  branch  of  Judaism  than  that 
followed  by  the  traditional  Lithuanian  Jewish  religious  community.  Furthermore, 
they  state  that  the  Hasidic  movement  only  began  in  Lithuania  in  the  18th  century 
and  has  been  suspended  twice.  The  Chabad  Lubavich  counter  that  the  suspension 


1176 

of  their  activity  during  the  war  years  and  after  was  imposed  by  Nazi  and  Soviet 
occupiers.  They  also  have  protested  the  disassociation  of  the  Hasidic  movement  from 
Judaism.  The  Chabad  Lubavich  continue  to  press  for  recognition  as  a  traditional  re- 
ligion. They  have  been  allowed  to  operate  a  kindergarten. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Under  the  law,  citizens  and  permanent  residents  are  permitted  free 
movement  within  the  country  and  the  right  to  return  to  the  country.  There  are  no 
restrictions  on  foreign  travel. 

In  January  Lithuania  ratified  the  1951  Geneva  Convention  on  the  Status  of  Refu- 
gees or  its  1967  Protocol.  In  July,  the  Law  on  Refugee  Status  came  into  effect,  allow- 
ing for  the  first  formal  grant  of  refugee  status  to  qualified  applicants. 

A  growing  number  of  economic  migrants  and  refugees  prompted  the  government 
to  designate  appropriate  facilities  for  their  use.  A  registration  center  for  migrants 
and  remgees  is  in  tne  town  of  pabrade,  while  a  refijgee  reception  center  was  opened 
during  the  year  in  the  town  of^Rukla.  The  latter,  which  has  approximately  50  resi- 
dents, has  facilities  for  integrating  those  persons  granted  refugee  status  into  society. 
The  Government  seeks  to  deport  those  who  remain  at  Pabrade — about  800  economic 
migrants  largely  from  South  Asia  and  China — but  has  difficulty  doing  so  due  to  the 
hi^  cost  of  such  deportation  and  the  lack  of  cooperation  from  the  migrants'  home 
countries.  The  Rukla  facility  is  modem  and  has  adequate  facilities;  at  Pabrade, 
where  conditions  are  very  rudimentary  and  the  housing  is  overcrowded,  the  mi- 
grants besieged  the  Lithuanian  employees  on  two  occasions  during  the  year  in  pro- 
test. The  Government  has  received  some  financial  assistance  from  international  ref- 
ugee organizations  to  subsidize  the  repatriation  of  some  refugees  who  returned  vol- 
untarily. 

Lithuania  continued  its  efforts  to  stem  the  tide  of  illegal  migrants  through  nego- 
tiating readmission  agreements  with  Russia  and  Belarus,  the  two  countries  used  by 
most  migrants  to  reach  Lithuania.  The  Government  cooperates  with  the  oflice  of  the 
United  National  High  Commissioner  for  Refugees  and  other  humanitarian  organiza- 
tions in  assisting  refugees.  The  issue  of  the  provision  of  first  asylum  did  not  arise 
in  1997.  There  were  no  reports  of  forced  return  of  jiersons  to  a  country  where  they 
feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage.  Of  171  seats  in  the  Seimas,  71  are 
elected  directly  and  70  are  elected  through  proportional  representation.  Only  those 
parties  that  receive  more  than  5  percent  of  the  total  ballots  (or  7  percent  for  coali- 
tions) are  allowed  representation  in  the  Parliament.  National  minority  slates  had 
been  exempt  from  this  law  in  the  past,  but  despite  the  5  percent  threshold  ethnic 
Lithuanians,  Poles,  Russians,  and  Jews  were  all  elected  to  the  seimas  in  the  fall 
1996  parUamentary  elections.  The  Citizenship  Law,  adopted  in  1991  and  amended 
in  October  1995,  is  inclusive  with  regard  to  the  country's  ethnic  minorities.  The  law 
provides  citizenship  to  persons  who  were  born  within  the  borders  of  the  Republic; 
who  were  citizens  of  Lithuania  prior  to  1940  and  their  descendants;  or  who  became 
citizens  under  previous  legal  authority.  More  than  90  percent  of  Lithuania's  ethnic 
Russian,  Polish,  Belarusian,  and  Ukrainian  inhabitants  received  citizenship. 

Qualification  for  naturalization  of  persons  not  covered  by  the  above-mentioned 
categories  requires  a  10-year  residency,  a  permanent  job  or  source  of  income,  knowl- 
edge of  the  Constitution,  renunciation  of  any  other  citizenship,  and  proficiency  in 
Lithuanian. 

While  there  are  no  legal  restrictions  on  women's  participation  in  politics  or  gov- 
ernment, they  are  underrepresented  in  political  leadership  positions.  There  are  24 
female  deputies  and  2  female  ministers  in  the  17-member  Cabinet. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Most  government  authorities  cooperate  with  local  nongovernmental  organizations 
and  actively  encourage  visits  by  international  and  nongovernmental  human  rights 
groups.  A  key  exception  is  the  Ministry  of  Interior,  that  has  continually  refused  to 
release  information  on  police  brutality  and  statistics  on  corruption-related  incidents. 
The  Association  for  the  Defense  of  Human  Rights  in  Lithuania  is  an  umbrella  orga- 
nization for  several  small  human  rights  groups,  all  of  which  operate  without  govern- 
ment restriction.  In  1994  the  Grovernment  established  the  Department  of  Inter- 
national and  Human  Rights  within  the  Ministry  of  Justice,  which  monitors  law  and 


1177 

legal  practice  to  determine  whether  these  are  in  accord  with  Lithuania's  inter- 
national obligations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  sex,  religion,  disability, 
or  ethnic  backgrouna.  However,  discrimination  against  women  persists. 

Women. — Abuse  of  women  at  home  is  reportedly  common,  especially  in  connection 
with  alcohol  abuse  by  husbands,  but  institutioned  mechanisms  for  coping  with  this 
problem  are  only  now  being  formed.  A  women's  shelter  funded  in  part  with  Nor- 
wegian assistance  is  now  in  operation.  According  to  one  sociological  survey,  20  per- 
cent of  women  reported  experiencing  an  attempted  rape,  while  another  33  percent 
reported  having  been  beaten  at  least  once  in  their  lives.  The  number  of  rapes  re- 
ported in  the  first  half  of  1997  (88)  is  proportionally  the  same  as  the  168  rapes  re- 
ported for  all  of  1996.  Official  statistics  on  the  incidence  of  abuse  of  women  in  the 
home  are  not  filed  separately  from  other  categories  of  assault.  Unlike  in  1996  the 
Ministry  of  Interior  did  not  provide  statistics  on  the  number  of  women  killed  due 
to  arguments  resulting  from  jealousy  or  domestic  problems,  although  one  of  the 
most  prominent  victims  of  sucn  a  crime  was  the  senior  civil  servant  in  the  Ministry 
of  Public  Administration  Reform  and  Municipal  Affairs.  Persons  convicted  of  rape 
generally  receive  sentences  of  from  3  to  5  years  in  prison. 

A  number  of  women,  some  underage,  have  been  enticed  or  forced  and  sold  into 
prostitution  abroad  by  organised  crime  figures.  Some  go  consciously,  hoping  to  be- 
come wealthy;  others  are  lured  by  deceptive  ofiers  of  seemingly  innocent  jobs  as 
household  helpers,  bar  dancers,  or  waitresses.  Women  are  also  tricked  into  prostitu- 
tion through  false  marriage  advertisements.  Their  families  are  often  unaware  of 
their  predicament  and  believe  that  they  have  disappeared  or  been  kidnaped.  An  ofii- 
cial  from  the  Ministry  of  Foreign  Affairs  has  stated  that  about  99  percent  of  women 
who  have  been  reported  missing  are  actually  working  as  prostitutes  abroad. 

The  Constitution  provides  for  equal  rights  for  men  ana  women,  and  official  policy 
specifies  equal  pay  for  equal  work.  Generally,  men  and  women  receive  the  same  pay 
for  comparable  work,  but  women  are  significantly  underrepresented  in  some  profes- 
sions and  in  the  managerial  sector  as  a  whole.  Significant  inequalities  in  society 
based  on  gender  continue,  and  there  are  stUl  very  conservative  views  about  the  role 
of  women.  The  fact  that  women's  enrollment  now  exceeds  that  of  men  in  some  uni- 
versity departments  has  prompted  universitv  administrators  to  introduce  pref- 
erential entrance  criteria  for  men  to  redress  what  is  perceived  as  an  abnormal  state 
of  affairs.  Parliamentary  deputies  speaking  about  female  deputies  in  public  some- 
times make  unflattering  comments  based  on  gender  stereotypes  without  eliciting 
any  public  reaction. 

Children. — The  Ministries  of  Social  Security  and  of  the  Interior  share  official  re- 
sponsibility for  the  protection  of  children's  rights  and  welfare.  Starting  in  1994,  the 
Children's  Rights  Service  of  the  Ministry  of  Social  Security  has  taken  on  many  of 
the  functions  formerly  handled  by  the  Interior  Ministry  and  its  subordinate  police 
officers  throughout  the  country,  tiiereby  focusing  more  attention  on  the  social  wel- 
fare needs  of  children.  There  are  56  branches  of  the  Children's  Rights  Protection 
Council  throughout  the  country.  This  Council  registers  and  cares  Tor  children  in 
abusive  and  dysfunctional  families,  and  had  registered  30,000  children  this  year. 

Child  abuse  is  a  problem.  The  press  has  been  thorough  in  reporting  increases  in 
cruelty  to  children,  including  sexual  abuse,  intentional  starvation,  beatings,  and 
murder.  Authorities  reported  that  73  children  were  killed  bv  their  parents  in  1996. 
No  department  or  organization  collects  information  on  child  abuse,  however.  More- 
over, there  are  no  specific  criminal  codes  for  child  pornography,  sexual  abuse,  or  sex 
tourism.  There  is  only  one  rehabilitation  center  in  the  country  for  children  who  have 
been  sexually  abused. 

Social  welfare  workers  believe  that  child  abuse  in  connection  with  alcohol  abuse 
by  parents  is  a  serious  problem.  Moreover,  the  prevalence  of  authoritarian  values 
in  family  upbringing  has  discouraged  more  active  measures  against  child  abuse. 

People  With  Disabilities. — Legal  provisions  for  access  to  buildings  for  people  with 
disabilities  are  in  place  but  are  not  widely  enforced;  the  vast  majority  of  public 
buildings  remain  inaccessible  to  such  persons. 

More  than  350,000  people  with  disaoilities  live  in  Lithuania — 10,000  of  them  chil- 
dren. The  1991  Law  on  Integrating  Disabled  People,  provides  for  a  broad  category 
of  rights  and  public  benefits  to  which  disabled  people  are  legally  entitled.  The  Par- 
liament allotted  $10.5  million  for  persons  with  disabilities  and  has  spent  $3.6  mil- 
lion as  of  September.  A  project  in  Kaunas  to  build  sm  apartment  building  for  per- 
sons with  disabilities  has  not  been  completed.  A  center  for  deaf  children  nas  been 
created,  as  has  a  program  for  children  with  special  orthopedic  problems. 


1178 

Religious  Minorities. — Jewish  and  Polish  community  leaders  expressed  their  con- 
cern regarding  desecration  of  cemeteries  and  monuments  in  each  of  their  commu- 
nities. In  both  cases,  national  and  local  authorities  responded  promptly.  The  dese- 
crations were  condemned  by  senior  oflicials  and  investigated  by  the  pohce;  however, 
no  suspects  were  identified  and  no  charges  were  brought. 

National  / Racial  / Ethnic  Minorities.— -Minority  ethnic  groups — including  Russians, 
Poles,  Belarusians,  Ukrainians,  Tatars,  and  Karaites — comprise  roughly  20  percent 
of  the  country's  citizens.  There  were  calls  during  the  year,  mostly  from  the  Polish 
community,  for  the  resignation  of  the  Education  Minister  after  he  made  public  re- 
mains that  were  interpreted  to  mean  that  foreign  language  instruction  in  schools 
would  cease.  The  Government  subsequently  connrmed  that  there  was  no  intention 
of  ending  current  instruction  in  the  languages  of  ethnic  minorities. 

Many  nonethnic  Lithuanian  public  sector  employees  were  required  to  attain  a 
functional  knowledge  of  Lithuanian  within  several  years,  although  the  authorities 
have  been  granting  liberal  extensions  of  the  time  frame  in  which  this  is  to  be 
achieved.  During  the  first  6  months  of  1997,  2,484  persons  applied  for  citizenship. 
Citizenship  was  granted  to  952  of  them,  based  in  part  on  their  Lithuanian  language 
ability.  There  is  no  documented  evidence  of  job  dismissals  based  on  the  language 
law.  The  authorities  have  indicated  that  the  intent  of  the  law  is  to  apply  moral  in- 
centives to  learn  Lithuanian  as  the  official  language  of  the  State;  they  have  asserted 
that  no  one  would  be  dismissed  solely  because  of  an  inability  to  meet  the  language 
requirements. 

In  Vilnius,  isolated  attacks  on  foreigners — including  French,  Japanese  and  Kazak 
diplomats  who  in  two  cases  requirea  extensive  medical  treatment — have  occurred 
throughout  the  year.  Authorities  have  taken  steps  to  curtail  such  attacks  through 
an  increased  police  presence. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  the  1991  Law  on  Trade  Unions 
recognize  the  right  of  workers  and  employees  to  form  and  join  trade  unions.  The 
Law  on  Trade  Unions  formally  extends  this  right  to  employees  of  the  police  and  the 
armed  forces,  although  the  Collective  Agreements  Law  of  1991  does  not  allow  collec- 
tive bargaining  by  government  employees  involved  in  law  enforcement  and  security 
related  work.  In  1990  the  Lithuanian  branch  of  the  Soviet  Union's  All-Union 
Central  Council  of  Trade  Unions,  including  23  of  25  trade  unions,  renamed  itself 
the  Confederation  of  Free  Trade  Unions  (CFTU)  and  began  asserting  increased  inde- 
pendence from  its  Soviet  parent.  In  1993  the  CFTU  joined  eight  other  unions  that 
also  had  been  part  of  the  All-Union  Central  Council  to  form  the  Lithuanian  Trade 
Union  Center  (LTUC). 

The  Lithuanian  Workers*  Union  (LWU)  was  formed  in  1990  as  an  alternative  to 
the  CFTU.  Unlike  the  CFTU/LTUC,  the  LWU  was  an  early  supporter  of  Lithuanian 
independence  from  the  Soviet  Union  and  actively  sought  western  free  trade  union 
contacts.  The  LWU  claims  a  dues-paying  membership  of  78,000  organized  in  35  re- 
gional groupings. 

The  Law  on  Trade  Unions  and  the  Constitution  provide  for  the  right  to  strike, 
although  public  officials  providing  essential  services  may  not  do  so.  Many  workers 
threatened  to  strike  because  of  low  wages,  but  there  were  no  major  strikes  in  1997. 

There  are  no  restrictions  on  unions  affiliating  with  international  trade  unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Collective  Agreements 
Law  provides  for  collective  bargaining  and  the  ri^t  of  unions  to  organize  employ- 
ees, although  several  provisions  reportedly  hinder  the  establishment  of  new  union 
organizations.  According  to  the  law,  unions,  in  order  to  be  registered,  must  have  at 
least  30  founding  members  in  large  enterprises  or  have  a  membership  of  one-fifth 
of  all  employees  in  small  enterprises.  Difiiculties  commonly  arise  in  state  enter- 
prises in  which  employees  are  represented  by  more  than  one  union.  LWU  officials 
charge  that  managers  in  some  state  enterprises  discriminate  against  LWU  organiz- 
ers and  have  on  occasion  dismissed  employees  in  retribution  for  their  trade  union 
activities.  The  LWU  also  charges  that  the  judicial  system  is  slow  to  resjwnd  to  LWU 
grievances  regarding  dismissals  from  work.  LWU  representatives  claim  that  state 
managers  sometimes  prefer  the  CFTU/LTUC  over  LWU  unions  as  collective  bar- 
gaining partners. 

In  general  trade  union  spokesmen  say  that  managers  often  determine  wages  with- 
out regard  to  trade  union  wishes,  except  in  larger  factories  with  well-organized 
trade  unions.  The  Government  issues  periodic  decrees  that  serve  as  guidelines  for 
state  enterprise  management  in  setting  wage  scales.  The  LWU  and  tne  LTUC  en- 
gage in  direct  collective  bargaining  over  wages  at  the  workplace  level.  Wage  deci- 
sions are  increasingly  being  made  at  the  enterprise  level,  although  government  min- 
istries still  retain  some  control  over  this  sphere  in  state-owned  enterprises.  The 


1179 

LWU  reports  that  it  supplements  its  bargaining  efforts  with  active  lobbying  in  gov- 
ernment ministries  that  own  enterprises.  During  the  first  6  months  of  1996  prices 
increased  faster  than  the  growth  of  wage  increases,  thereby  reversing  a  process  of 
real  wage  growth  that  had  begun  in  1993. 
There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  specifically  pro- 
hibits forced  labor  by  all,  including  children,  and  this  prohibition  is  observed  in 
practice.  There  are  no  reports  that  it  occurred. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Con- 
stitution specifically  prohibits  forced  and  bonded  labor  by  children,  and  this  prohibi- 
tion is  observed  in  practice. 

The  legal  minimum  age  for  employment  of  children  without  parental  consent  is 
16  years.  The  legal  minimum  age  for  employment  is  16  years;  with  the  written  con- 
sent of  parents,  it  is  14  years.  Free  trade  union  representatives  assert  that  the 
mechanisms  for  monitoring  minimum  age  legislation  are  rudimentary.  Complaints 
about  infringement  of  child  labor  regulations  generally  are  referred  to  local  prosecu- 
tors who  investigate  the  charges  and  take  legal  action  to  stop  violations.  Available 
evidence  suggests  that  child  labor  is  rare. 

e.  Acceptable  Conditions  of  Work. — The  legal  minimum  wage  was  raised  in  1997 
from  $75  (300  litas)  to  $100  (400  litas)  per  month.  The  minimum  wage  does  not  pro- 
vide a  decent  standard  of  living  for  a  woriser  and  family.  The  average  wage  in  the 
public  sector  is  $215  (861  litas)  per  month.  The  Council  of  Ministers  and  the  Min- 
istry of  Social  Security  periodically  adjust  the  minimum  wage.  Every  3  months  these 
government  bodies  must  submit  their  minimum  wage  proposals  to  the  Seimas, 
which  has  the  right  to  approve  or  revise  the  minimum  wage  level.  Enforcement  of 
the  minimum  wage  is  almost  nonexistent,  in  part  because  the  (jovemment  does  not 
want  to  exacerbate  unemployment.  The  40-hour  workweek  is  standard,  with  a  provi- 
sion for  at  least  one  24-nour  rest  period.  For  a  majority  of  the  population,  living 
standards  remain  low.  The  poorest  households  spend  66  percent  of  their  income  on 
food,  compared  45  percent  in  wealthier  households. 

The  Constitution  provides  that  workers  have  the  right  to  safe  and  healthy  woric- 
ing  conditions.  In  1993  a  Labor  Safety  Law  went  into  effect,  setting  the  rights  of 
workers  confronted  with  hazardous  conditions  and  providing  legal  protection  for 
workers  who  file  complaints  about  such  conditions.  The  State  Labor  Inspection  Serv- 
ice, which  the  law  established,  is  charged  with  implementing  the  Labor  Safety  Law. 
Regional  labor  inspection  offices,  each  of  which  employs  only  two  to  three  ofiicials, 
are  severely  understaffed.  They  closed  40  enterprises  or  departments  of  enterprises 
found  to  be  in  violation  of  safety  regulations  during  the  first  6  months  of  this  year. 
Unsafe  conditions  caused  by  worn,  outdated  industrial  technologies  are  reportedly 
widespread,  and  34  work-related  deaths  were  recorded  in  the  first  six  months  of 
1997  compared  with  98  work -related  deaths  for  all  of  1996. 


LUXEMBOURG 

Luxembourg  is  a  constitutional  monarchy  with  a  democratic,  parliamentary  form 
of  government.  The  role  of  the  Grand  Duke  is  mainly  ceremonial  and  administra- 
tive. The  Prime  Minister  is  the  leader  of  the  dominant  party  in  the  popularly  elected 
Parliament.  The  Council  of  State,  whose  members  are  appointed  by  the  Grand 
Duke,  serves  as  an  advisory  body  to  the  Parliament.  The  judiciary  is  independent. 

The  Government  effectively  controls  the  security  apparatus,  which  consists  of  po- 
lice and  gendarmerie. 

Luxenmbourg  has  a  prosperous  market  economy  with  active  industrial  and  service 
sectors.  The  standard  of  living  and  level  of  social  benefits  are  high. 

The  Constitution  and  laws  provide  for  the  full  range  of  human  rights,  and  the 
Government  respects  these  rights  in  practice. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhum.an,  or  Degrading  Treatment  or  Punishm,ent. — 
The  law  prohibits  such  practices,  and  there  were  no  reports  that  officials  employed 
them. 


1180 

Prison  conditions  meet  minimum  international  standards.  The  Government  per- 
mits prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention,  or  exile,  and  the  Government  observes  this  prohibition. 

Judicial  warrants  are  required  by  law  for  arrests  except  in  cases  of  hot  pursuit. 
Within  24  hours  of  arrest  tne  police  must  lodge  charges  and  bring  suspects  before 
a  judge.  Suspects  are  not  held  incommunicado.  They  are  given  immediate  access  to 
an  attorney,  at  government  expense  for  indigents.  The  presiding  judge  may  order 
release  on  bail. 

Exile  is  never  imposed. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  in dep>endent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides 
citizens  with  a  fair  and  eflicient  judicial  process. 

The  independent  judiciary  is  neaded  by  the  Supreme  Court,  whose  members  are 
appointed  by  the  Grand  Duke.  Defendants  are  presumed  innocent.  They  have  the 
rignt  to  public  trial  and  are  free  to  cross-examine  witnesses  and  to  present  evidence. 
Either  the  defendant  or  the  prosecutor  can  appeal  a  ruling;  appeal  results  in  a  com- 
pletely new  judicial  procedure,  with  the  possibility  that  a  sentence  may  be  increased 
or  decreased. 

In  response  to  a  1995  decision  by  the  European  Court  of  Human  Rights,  the  Gov- 
ernment established  on  January  1  an  administrative  court  system  to  review  citizen 
challenges  to  legislation. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  such  practices,  government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  freedom  of  speech  and  of 
the  press,  and  the  Government  respects  these  rights  in  practice.  Print  media  are 
privately  owned.  Television  broadcasting  rights,  previously  held  exclusively  by  the 
privately  owned  national  radio  and  television  company,  were  extended  in  1997  to 
a  regional  cable  television  company.  The  Government  issues  licenses  to  private  radio 
stations.  Radio  and  television  broadcasts  from  neighboring  countries  are  freely 
available. 

Academic  freedom  is  fully  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  There  is  no  state  religion,  but  the  State 

{)ays  the  salaries  of  Roman  Catholic,  Protestant,  and  Jewish  clergy,  and  several 
ocal  governments  maintain  sectarian  religious  facilities. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees.  The  Government 
provides  first  asylum  and  granted  it  to  three  persons  in  1996.  The  Government  has 
granted  permanent  resident  status  to  1,374  persons  from  the  former  Yugoslavia  who 
enjoyed  temporary  protected  status  and  expects  to  process  100  more  applications. 
A  total  of  37  persons  returned  to  the  former  Yugoslavia  voluntarily,  and  4  were  or- 
dered to  leave  after  criminal  convictions.  The  Government  does  not  expel  those  hav- 
ing a  valid  claim  to  refugee  status;  there  were  no  reports  of  the  forced  return  of 
persons  to  countries  where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Luxembourg  is  a  multiparty  democracy.  Suffrage  is  universal  for  citizens  18  years 
of  age  and  above,  and  balloting  is  secret.  National  parliamentary  elections  are  held 
every  5  years. 

Women  are  active  in  political  life.  Of  60  Members  of  Parliament,  11  are  women, 
as  are  3  members  of  the  Cabinet.  The  mayors  of  several  major  municipalities,  in- 
cluding the  capital,  are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Human  rights  groups  operate  without  government  restriction.  Government  ofii- 
cials  are  cooperative  and  responsive  to  their  views. 


1181 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  racial,  sexual,  or  social  discrimination,  and  the  Government  en- 
forces these  provisions.  Blatant  societal  discrimination  occurs  only  rarely. 

Women. — Neither  society  nor  the  Government  is  tolerant  of  violence  against 
women,  and  the  Government  prosecutes  persons  accused  of  such.  The  Government 
funds  organizations  providing  shelter,  counseling,  and  hot  lines.  The  main  women's 
shelter  in  1996  provided  refuge  to  189  women,  many  with  their  children,  and  re- 
sponded to  over  3,000  telephone  calls.  Of  the  sheltered  women,  67  reported  sexual 
aouse.  It  is  estimated  that  about  150  to  200  cases  of  sexual  abuse  occur  per  year. 

Women  enjoy  the  same  property  rights  as  men.  In  the  absence  of  a  prenuptial 
agreement,  property  is  divided  equally  upon  dissolution  of  a  marriage. 

The  law  mandates  equal  pay  for  equal  work.  To  date  there  have  been  no  work- 
related  discrimination  suits.  Women  constitute  36.8  percent  of  the  work  force  (1996 
data).  The  Ministry  for  the  Promotion  of  Women  has  a  mandate  to  encourage  a  cli- 
mate of  equal  treatment  and  opportunity  in  fact  as  well  as  in  law. 

Children. — The  Government  demonstrates  a  strong  commitment  to  children's 
rights  and  welfare  through  its  well-funded  systems  of  public  education  and  medical 
care,  which  are  available  equally  to  girls  and  boys.  The  law  mandates  school  attend- 
ance from  the  ages  of  4  to  16.  Schooling  is  free  through  the  secondary  level,  and 
the  Government  provides  some  financial  assistance  for  postsecondary  education. 

There  is  no  societal  pattern  of  abuse  directed  against  children.  Child  abuse  does 
not  appear  to  be  widespread,  and  laws  against  it  are  enforced.  In  1996  the  main 
pediatric  hospital  dealt  with  approximately  260  cases  of  suspected  child  abuse,  not 
all  of  which  were  substantiated.  A  hot  line  maintained  by  a  nonprofit  organization 
received  923  telephone  calls  in  1996  from  children  and  youths  in  distress.  The  police 
established  a  new  hot  line  for  reporting  child  abuse  and  commenced  a  child  abuse 
awareness  campaign  for  children.  A  shelter  for  girls  who  are  victims  of  sexual  abuse 
opened  in  January. 

People  With  Disabilities. — There  is  no  discrimination  against  disabled  persons  in 
employment,  education,  or  in  the  provision  of  other  state  services.  The  law  does  not 
directly  mandate  accessibility  for  the  disabled,  but  the  Government  pays  subsidies 
to  builders  to  construct  "disabled-friendly"  structures.  Despite  government  incen- 
tives, only  a  modest  proportion  of  buildings  and  public  transportation  have  been 
modified  to  accommodate  people  with  disabilities. 

The  Government  helps  disabled  persons  obtain  employment  and  professional  edu- 
cation. By  law,  businesses  and  enterprises  with  at  least  25  employees  must  fill  a 
quota  for  hiring  disabled  workers  ana  must  pay  them  prevailing  wages.  The  auota 
is  fixed  according  to  the  total  number  of  employees,  and  employers  who  do  not  fulfill 
them  are  subject  to  sizable  monthly  fines.  There  have  been  no  known  complaints 
of  noncompliance. 

National  / Racial  / Ethnic  Minorities. — ^Although  foreigners  constitute  over  30  per- 
cent of  the  total  population,  antiforeigner  incidents  remain  infrequent.  The  Govern- 
ment granted  to  citizens  of  European  Union  countries  who  reside  in  Luxembourg 
the  right  to  vote  and  run  in  municipal  elections.  Minimum  residency  requirements 
are  6  years  for  voters  and  12  years,  includingjB  months  residence  in  the  commune, 
for  candidates  to  run  for  town  councils.  The  Government-supported  nonprofit 
"League  Against  Racism"  organized  community  education  and  awareness  projects  in 
conjunction  with  the  1997  European  Year  Against  Racism. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^All  workers  have  the  right  to  associate  freely  and 
choose  their  representatives.  About  65  percent  of  the  labor  force  is  unionized.  Mem- 
bership is  not  mandatory.  Unions  operate  free  of  governmental  interference.  The 
two  largest  labor  federations  are  linked  to,  but  organized  independently  of,  major 
political  parties.  The  law  prohibits  discrimination  against  strike  leaders,  and  a  labor 
tribunal  deals  with  complaints. 

The  Constitution  provides  all  workers  with  the  right  to  strike,  except  for  govern- 
ment workers  such  as  police,  armed  forces,  and  hospital  personnel  providing  essen- 
tial services.  Legal  strikes  may  occur  only  afler  a  lengthy  conciliation  procedure  be- 
tween the  parties;  the  Government's  National  Conciliation  Office  must  certify  that 
conciliation  efforts  have  ended  for  a  strike  to  be  legal.  There  were  no  legal  strikes 
during  the  year,  and  there  have  been  no  illegal  strikes  since  1979. 

Unions  maintain  unrestricted  contact  with  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  and  pro- 
tects collective  bargaining,  which  is  conducted  in  periodic  negotiations  between  cen- 
tralized organizations  of  unions  and  employers.  Enterprises  having  15  or  more  em- 
ployees must  have  worker  representatives  to  conduct  collective  bargaining.  Enter- 


1182 

prises  with  over  150  employees  must  form  joint  works  councils  composed  of  equal 
numbers  of  management  and  employee  representatives.  In  enterprises  with  more 
than  1,000  employees,  one-third  of  the  membership  of  the  supervisory  boards  of  di- 
rectors must  be  employee  representatives. 

The  law  provides  for  adiudication  of  employment-related  comjplaints  and  author- 
izes labor  tribunals  to  deal  with  them.  A  tribunal  can  impose  a  fine  on  an  employer 
found  guilty  of  antiunion  discrimination,  but  it  cannot  require  the  employer  to  rein- 
state a  worker  fired  for  union  activities. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor  by  children  and  adults,  ana  it  is  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Emoloyment. — The  Gov- 
ernment prohibits  forced  and  bonded  child  labor  and  enforces  tnis  prohibition  effec- 
tively. The  law  prohibits  employment  of  children  under  the  age  of  16  and  requires 
all  children  to  remain  in  school  until  the  age  of  16.  Apprentices  who  are  16  years 
old  must  attend  school  in  addition  to  their  job  training.  Public  education  is  free  and 
universal  through  the  secondary  level. 

Adolescent  workers  under  the  age  of  18  have  additional  legal  protection,  including 
limits  on  overtime  and  the  number  of  hours  that  can  be  worked  continuously.  The 
Ministries  of  Labor  and  Education  effectively  monitor  the  enforcement  of  child  labor 
and  education  laws. 

e.  Acceptable  Conditions  of  Work. — The  law  provides  for  minimum  wage  rates  at 
levels  that  vary  according  to  the  worker's  age  and  number  of  dependents.  The  mini- 
mum wage  for  a  single  worker  over  the  age  of  18  is  approximately  $7.05  (Lux  F 
259)  per  hour.  Supporting  a  family  is  difficult  on  the  minimum  wage,  but  most  em- 
ployees earn  more  than  the  minimum. 

The  law  mandates  a  workweek  of  40  hours.  Premium  pay  is  required  for  overtime 
or  unusual  hours.  Employment  on  Sunday  is  permitted  in  continuous-process  indus- 
tries (steel,  glass,  and  chemicals),  and  for  certain  maintenance  and  security  person- 
nel; other  industries  have  requested  permission  for  Sunday  work,  which  the  (jovem- 
ment  has  granted  on  a  case-by-case  basis.  Work  on  Sunday,  allowed  for  some  retail 
employees,  must  be  entirely  voluntary  and  compensated  at  double  the  normal  wage; 
ana  employees  must  be  given  compensatory  time  off  on  another  day,  equal  to  the 
number  of  hours  worked  on  Sunday.  The  law  requires  rest  breaks  for  shift  workers 
and  limits  all  workers  to  a  maximum  of  10  hours  per  day  including  overtime.  All 
workers  receive  at  least  5  weeks  of  paid  vacation  yearly,  in  addition  to  paid  holi- 
days. 

The  law  mandates  a  safe  working  environment.  An  inspection  system  provides  se- 
vere penalties  for  infractions.  The  Labor  Inspectorate  of  the  Ministry  of  Labor,  and 
the  Accident  Insurance  Agency  of  the  Social  Security  Ministry,  carry  out  their  in- 
spections effectively. 

No  laws  or  regulations  specifically  guarantee  workers  the  right  to  remove  them- 
selves from  dangerous  work  situations  without  jeopardy  to  continued  employment, 
but  every  worker  has  the  right  to  ask  the  Labor  Inspectorate  to  make  a  determina- 
tion, and  the  Inspectorate  usually  does  so  expeditiously. 


THE  FORMER  YUGOSLAV  REPUBLIC  OF  MACEDONIA 

The  Former  Yugoslav  Republic  of  Macedonia,  which  became  independent  following 
the  breakup  of  Yugoslavia,  is  a  parliamentary  democracy  led  by  a  coalition  govern- 
ment. It  has  a  popularly  elected  president.  International  monitors  judged  its  second 
multiparty  elections  in  1994  to  be  generally  free  and  fair  despite  numerous  proce- 
dural irregularities.  The  judiciary  is  generally  independent. 

The  Ministry  of  Interior  oversees  a  security  apparatus  that  includes  uniformed  po- 
lice, criminal  police,  border  police,  and  the  state  intelligence  service.  Municipal  po- 
lice chiefs  are  responsible  to  the  Ministry  of  Interior,  not  to  municipal  leaders.  The 
Ministry  is  under  the  control  of  a  civilian  minister;  a  parliamentary  commission 
oversees  operations.  The  Ministry  of  Defense  shares  with  the  border  police  respon- 
sibility for  border  security.  Some  members  of  the  police  on  occasion  were  responsible 
for  human  rights  abuses. 

Historically,  Macedonia  was  the  least  prosperous  of  the  Yugoslav  republics.  Its 
economy  was  closely  tied  to  the  other  republics,  especially  Serbia.  Confiict  in  the  re- 
gion and  sanctions  imposed  on  Serbia  and  Montenegro,  along  with  the  problems  of 
transition  to  a  market  economy,  led  to  severe  economic  difficulties.  A  (jreek  trade 
embargo  imposed  in  1994,  in  a  dispute  over  the  country's  name,  flag,  and  Constitu- 
tion was  lifted  in  1995  following  the  signing  of  an  interim  accord  between  the  two 


1183 

countries.  Trade  sanctions  against  Serbia  were  suspended  following  conclusion  of 
the  Davton  Accords  also  in  1995.  In  the  circumstances  of  these  two  border  closures, 
gross  domestic  product  fell  an  estimated  50  percent.  Growth  resumed  during  1996 
with  a  slight  increase  in  industrial  production,  according  to  government  figures. 
Growth  in  1997  was  approximately  2  to  3  percent.  Ofiicial  unemployment,  which 
has  been  very  high  for  several  years,  is  32  percent,  although  the  gray  economy  is 
large.  Some  workers  routinely  receive  their  salaries  several  months  late. 

Tiie  Government  generally  respected  the  human  rights  of  its  citizens;  however, 
there  were  problems  in  some  areas.  Three  people  were  Killed  in  a  clash  between  po- 
lice and  ethnic  Albanian  demonstrators  in  July.  Over  200  persons  were  injured  in 
the  demonstration;  a  parliamentary  commission  is  investigating  charges  that  secu- 
rity forces  used  excessive  force.  The  Government  took  no  judicial  or  disciplinary  ac- 
tion against  the  police.  There  were  credible  reports  of  occasional  police  abuse  of  pris- 
oners and  police  narassment  of  political  opponents  of  the  Government.  A  police  prac- 
tice of  compelling  citizens  to  appear  for  questioning  at  police  stations  continued,  de- 
spite government  claims  that  the  practice  had  ended  pursuant  to  a  new  law.  Vio- 
lence and  discrimination  against  women  remain  problems. 

Minorities,  including  ethnic  Albanians,  ethnic  Turks,  and  ethnic  Serbs,  raised  var- 
ious allegations  of  human  rights  infringements  and  discrimination.  Ethnic  minori- 
ties made  progress  in  securing  more  representation  in  state  institutions,  although 
ethnic  Macedonians  continue  to  hold  a  disproportionate  number  of  positions.  Ethnic 
Albanian  representation  in  several  government  ministries  has  risen  from  less  than 
2  percent  in  1990  to  levels  in  the  7  to  12  percent  range.  Ethnic  minorities  are  still 
poorly  represented  in  the  police  and  the  civilian  component  of  the  Ministry  of  De- 
fense. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Three  people  were  killed  in  a  clash 
between  police  and  demonstrators  in  July.  The  demonstrators,  most  of  whom  were 
members  of  the  ethnic  Albanian  minority,  were  protesting  the  Government's  re- 
moval in  the  early  dawn  hours  of  July  9  of  Albanian  and  Turkish  national  flags 
from  municipal  buildings  in  the  towns  of  Gostivar  and  Tetovo.  The  Constitutional 
Court  had  previously  ordered  the  Government  to  remove  the  flags  because  they  dis- 
regarded state  sovereignty.  The  Government  responded  to  the  court  order  with  a 
new  law  that  permitted  the  flying  of  foreign  flags  at  municipal  buildings  on  national 
holidays.  The  new  law  protected  the  private  display  of  foreign  flags  at  all  times. 
When  police  enforced  the  Constitutional  Court  order  and  removed  the  Albanian  and 
Turkisn  flags  from  the  municipal  building  in  Gostivar,  crowds  gathered  during  the 
morning  of  July  9.  Throughout  the  day,  tension  mounted  between  the  police  and 
demonstrators,  until  violence  erupted  in  the  afternoon.  Demonstrators  reportedly 
broke  through  police  lines.  Police,  reinforced  by  armored  personnel  carriers,  pushed 
the  crowd  back  using  tear  gas.  Shooting  between  the  police  and  demonstrators  broke 
out,  and  demonstrators  threw  Molotov  cocktails  and  stones  at  the  police.  Three  eth- 
nic Albanians  were  killed  and  just  over  200  were  injured.  Seven  f>olice  officers  were 
iryured. 

The  Government  has  not  yet  held  anyone  responsible  for  the  three  deaths  nor  for 
apparently  indiscriminate  police  beatings,  some  documented  by  journalists'  videos 
that  may  identify  the  offending  police  oflicers.  A  report  on  the  incident  drafted  by 
the  Ministry  of  Interior  focused  on  the  provocative  acts  that  led  to  the  violence,  not 
on  possible  police  misconduct.  A  parliamentary  commission  was  convened  in  October 
to  investigate  the  Gostivar  events.  Its  mandate  is  to  determine  whether  or  not  police 
used  excessive  force.  The  commission  is  expected  to  report  to  the  full  Parliament, 
which  could  then  recommend  disciplinary  action  for  officials  it  finds  responsible.  The 
Ministry  of  Interior  has  taken  no  action  in  the  meantime  to  discipline  any  police 
officers. 

The  investigation  into  the  1995  car  bomb  attack  on  President  Gligorov  continued 
but  produced  no  results. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  treatment  and  punishment.  However,  during  the 
demonstration  in  Gostivar  on  July  9,  police  usea  excessive  force  in  attacking  and 
beating  demonstrators,  including  some  who  offered  no  resistance  (see  Section  l.a.). 
International  observers  witnessed  the  police  beating  children. 

Police  also  occasionally  used  excessive  force  following  the  arrest  of  criminal  sus- 
pects. Police  allegedly  beat  a  number  of  ethnic  Albanians  early  in  the  year  (see  Sec- 
tion l.d.). 


1184 

Prison  conditions  meet  minimum  international  standards  and  the  government 
permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  states  that  a  person 
must  be  arraigned  in  court  within  24  hours  of  arrest  and  sets  the  maximum  dura- 
tion of  detention  pending  trial  at  90  days.  The  accused  is  entitled  to  contact  a  law- 
yer at  the  time  of  arrest  and  to  have  a  lawyer  present  during  police  and  court  pro- 
ceedings. According  to  human  rights  observers  and  criminal  defense  attorneys,  po- 
lice sometimes  violate  the  24-hour  reqpairement  and  deny  immediate  access  to  an  at- 
torney. Although  the  law  requires  warrants  for  arrests,  this  provision  is  sometimes 
ignored,  and  the  warrant  issued  only  some  time  after  the  arrest.  Incommunicado  de- 
tention is  not  practiced. 

There  were  no  confirmed  reports  of  arbitrary  arrest,  but  there  were  credible  re- 
ports that  the  Government  continued  the  practice  of  compelling  citizens  to  appear 
at  police  stations  through  an  "invitation"  for  so-called  "informative  talks."  Although 
a  law  on  criminal  procedures  was  passed  in  March  stating  that  police  cannot  force 
citizens  to  appear  for  these  sessions  without  presentation  of  a  court  order,  there 
were  credible  reports  that  the  practice  continued. 

Ethnic  Albanian  political  leaders  reported  early  in  the  year  that  their  supporters 
were  picked  up  by  police  on  the  streets  or  at  their  places  of  work,  held  for  up  to 
24  hours,  and  interrogated  about  their  political  activities  and  those  of  their  parties. 
A  number  of  those  detained  were  allegedly  beaten  by  police  and  deprived  of  sleep, 
food,  and  water. 

The  Government  does  not  practice  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice,  although  the  court 
system  is  still  developing  and  is  sometimes  inefficient  and  slow.  The  outcomes  of 
a  small  number  of  cases  were  suspected  of  being  influenced  from  outside  the  judici- 
ary. 

The  court  system  is  three  tiered,  comprising  municipal  courts,  district  courts,  and 
a  Supreme  Court.  A  Constitutional  Court  deals  with  matters  of  constitutional  inter- 
pretation. 

Human  rights  activists  are  beginning  to  use  the  judicial  system  to  further  their 
aims.  The  Qonstitutional  Court  has  a  mandate  to  protect  the  human  rights  of  citi- 
zens but  has  not  taken  action  in  any  case  in  this  area.  In  February  Parliament 
passed  a  law  establishing  the  Office  of  a  People's  Ombudsman  to  defend  citizen's 
constitutional  and  legal  rights.  An  Ombudsman  was  appointed  in  July,  and  the  of- 
fice began  operating  late  in  the  year. 

Trials  are  presided  over  by  judges  appointed  by  the  Republican  Judicial  Council 
(an  independent  agency)  and  confirmed  by  Parliament.  The  judges  are  assisted  bv 
two  members  of  the  community  who  serve  essentially  as  consulting  jurors,  although 
the  iudge  has  the  final  word.  Court  hearings  and  the  rendering  of  verdicts  are  open 
to  tne  public  except  in  some  cases,  such  as  those  involving  minors  and  those  in 
which  tne  personal  safety  of  the  defendant  is  concerned.  Trials  cannot  be  televised, 
pursuant  to  the  criminal  procedure  code,  although  the  court  can  in  certain  cases  au- 
thorize the  presence  of  television  and  film  cameras.  In  several  high-profile  cases  this 
year,  trials  were  easily  accessible  to  international  observers. 

There  were  no  reports  of  political  prisoners.  The  two  persons  jailed  in  1996  in  con- 
nection with  the  Tetovo  University  riots  were  released  during  the  year. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — ITie 
Constitution  prohibits  such  practices,  government  authorities  generally  respect 
these  prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  generally  respects  these  rights  in  practice. 

Several  daily  newspapers  are  published  in  Skopje,  as  well  as  numerous  weekly 
or  periodical  political  and  other  publications.  Most  towns  and  municipalities  have 
local  papers.  Government-subsidized  newspapers  in  the  Albanian  and  Turkish  lan- 

guages  are  published  and  distributed  nationally  by  the  leading  news  publishing 
ouse.  Some  other  newspapers  and  magazines  are  subsidized  by  the  Government. 
Several  privately-owned  publications  have  a  wide  distribution  throughout  the  coun- 
try; some  are  considered  to  be  oriented  towards  opposition  political  parties.  The 
media  that  remain  partially  state  owned  are  government  oriented  but  do  report  op- 
position press  conferences  and  statements  and  in  general  provide  coverage  of  the 
major  opposition  parties. 

After  privatization,  the  leading  newspaper  publisher  is  still  partially  government 
owned  and  controls  one  of  only  two  modern,  high-speed  printing  facilities  in  the 
country,  as  well  as  most  newspaper  kiosks.  Opposition  parties  allege  that  govern- 


1185 

ment  control  and  manipulation  of  the  media  prevent  them  from  getting  their  mes- 
sage across.  The  introduction  of  competition  in  the  print  media  resulted  m  increased 
investigative  reporting  in  the  country  and  a  livelier  tone,  particularly  in  regard  to 
several  financial  and  investment  scandals  during  the  year.  Competition  also  re- 
sulted in  price  reduction  and  increased  circulation. 

Distributors  of  foreign  newspapers  and  magazines  must  obtain  permission  of  the 
Ministry  of  Internal  Affairs.  In  1997  all  such  requests  were  approved.  Foreign  news- 
papers, including  those  from  neighboring  countries,  are  available  throughout  the 
country. 

There  were  several  incidents  in  which  journalists  were  threatened  or  attacked  by 
the  targets  of  their  criticism.  In  one  incident,  four  individuals  were  charged  with 
misdemeanor  offenses  after  they  confronted  and  threatened  the  manager  of  a  pri- 
vate television  station. 

There  are  dozens  of  small  commercial  radio  and  television  broadcasters  through- 
out the  country.  A  new  law  on  broadcasting  was  passed  in  April,  creating  a  Broad- 
casting CouncU  to  issue  licenses  and  bring  some  order  to  the  currently  crowded  air- 
waves. The  broadcast  law  directs  that  broadcast  fees  collected  through  individual 
electric  bills  subsidize  both  state-run  Macedonian  radio  and  television  and  the  main- 
tenance of  infrastructure  for  other  public  and  commercial  broadcasting.  There  is 
concern  that  new  broadcast  license  fees  may  price  small  and  medium  sized  stations 
out  of  the  market.  Individual  satellite  dishes  are  unregulated  and  plentiful  through- 
out the  country.  Cable  television  is  growing. 

Individuals  and  opposition  political  groups  may  criticize  the  Government  publicly 
without  reprisal.  The  media  do  not  appear  to  practice  self-censorship  due  to  fear  of 
government  reprisal.  The  Government  does  not  censor  books  and  other  publications, 
nor  does  it  censor  films. 

The  Government  respects  academic  freedom.  Because  higher  education  is  not 
available  in  the  Albanian  language  except  for  teacher  training,  some  ethnic  Alba- 
nians claim  that  they  do  not  have  complete  academic  freedom.  TTiey  want  to  see  the 
unauthorized  Tetovo  university  gain  legal  status  so  that  they  can  study  in  their 
mother  tongue  (see  Section  5). 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  and  the  Government  generally  respects  this  right  in  practice. 
Advance  notification  of  large  meetings  is  optional,  and  opposition  rallies  occur  regu- 
larly without  major  incident.  A  July  protest  demonstration  by  ethnic  Albanians  in 
Gostivar  turned  violent,  and  3  persons  were  killed  and  some  200  injured  (see  Sec- 
tions l.a.  and  I.e.). 

The  Constitution  provides  for  freedom  of  association,  and  the  Government  re- 
spects this  right  in  practice.  Political  parties  and  organizations  are  required  to  reg- 
ister. More  than  40  political  parties  are  registered,  including  ethnically  based  par- 
ties of  Albanians,  Turks,  Serbs,  and  Roma.  However,  A  new  Albanian  party  was  not 
able  to  register  due  to  an  ongoing  judicial  proceeding. 

c.  Freedom  of  Religion. — The  (Jonstitution  specifically  provides  for  freedom  of  reli- 
gion for  the  Macedonian  Orthodox  Church  and  other  religious  communities  and 
groups,  and  the  Government  generally  does  not  interfere  with  the  practice  of  reli- 
gion. While  only  the  Macedonian  Orthodox  Church  is  mentioned  by  name  in  the 
Constitution,  it  does  not  enjoy  official  status. 

The  Parliament  adopted  a  new  law  on  religious  communities  and  groups  in  July. 
The  law  designates  the  Macedonian  Orthodox  Church,  the  Islamic  community,  and 
the  Roman  Catholic  Church  as  "religious  groups",  while  all  other  religions  are  des- 
ignated "religious  communities."  Some  rengious  leaders  voiced  concerns  about  the 
impact  of  the  new  law,  although  its  effects  were  not  fully  apparent  by  the  end  of 
the  year.  The  law  requires,  for  example,  that  anyone  carrying  out  religious  work 
and  religious  rites  be  registered  with  the  Commission  on  Interreligious  Relations. 
By  years  end,  over  20  religious  groups  and  communities  were  registered.  The  law 
also  stipulates  that  religious  instruction  can  only  be  carried  out  in  public  spaces 
where  religious  services  are  held  and  that  foreigners  who  wish  to  conduct  religious 
services  must  obtain  a  permit  from  the  Commission  before  they  enter  the  country. 

Protestant  groups  continued  to  complain  that  they  could  not  register  their  church- 
es and  obtain  regular  employment  status  for  employees  and  that  on  several  occa- 
sions they  have  been  prevented  from  holding  religious  meetings  in  venues  outside 
churches. 

The  refusal  of  the  Serbian  Orthodox  Church  to  recognize  the  independence  of  the 
Macedonian  Orthodox  Church  has  led  to  difficulties  for  ethnic  Seros  who  wish  to 
worship  in  their  own  church.  On  a  number  of  occasions  the  Government  refused 
Serbian  Orthodox  priests  permission  to  enter  the  country  and  apparently  plans  to 
continue  doing  so  until  the  Serbian  Church  recognizes  the  Macedonian  Church. 


1186 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  are  permitted  free  movement  within  the  country  as  well  as  the 
right  to  leave  and  return.  These  rights  may  be  restricted  for  security,  public  health, 
and  safety  reasons  but  are  fully  respected  in  practice. 

The  law  on  citizenship  is  highly  restrictive,  requiring,  for  example,  15  years  of 
residence  for  citizenship.  This  has  left  some  people  who  were  living  legally  in  the 
country  at  the  time  of  independence  without  citizenship.  The  law  particularly  affects 
ethnic  Albanians  who  had  moved  to  the  country  from  other  parts  of  Yugoslavia  be- 
fore independence.  As  citizens  of  the  predecessor  state  living  legally  in  the  territory 
of  the  country  at  the  time  of  independence,  they  believe  that  they  have  a  right  to 
citizenship. 

Some  AJbanian  political  leaders  also  charge  that  Ministry  of  Interior  oHicials  re- 
sponsible for  making  citizenship  determinations  discriminate  against  Albanian  ap- 
plicants. The  officials  are  said  to  make  more  demanding  documentary  requirements 
and  to  act  on  applications  slowly.  There  were  also  plausible  charges  that  officials 
demanded  bribes  in  return  for  a  favorable  decision.  There  is  some  truth  to  these 
charges,  but  citizenship  problems  also  have  affected  many  ethnic  Macedonians  and 
others. 

Ethnic  Albanians  comprise  a  disproportionately  high  number  of  emigrants,  due  to 
stronger  familial  ties  outside  the  country  and  longstanding  economic  relationships 
in  other  countries. 

The  Government  cooperated  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  and  other  humanitarian  organizations  in  assisting  refugees.  It 
continued  to  provide  protective  status  to  several  thousand  refugees  from  Bosnia  and 
Herzegovina  but  ceased  admitting  new  claimants,  except  for  those  with  close  family 
ties  to  the  country,  as  of  mid- 1993.  The  Government  granted  admission  to  several 
hundred  ethnic  Macedonians  from  Albania  in  March  and  April,  when  domestic  order 
in  Albania  broke  down. 

There  were  no  reports  of  persons  seeking  first  asylum  or  of  the  forced  return  of 
persons  to  a  country  where  tney  feared  persecution. 

The  Government  is  extremely  concerned  about  the  flow  of  economic  migrants  and 
other  illegal  migrants  from  neighboring  Albania.  Illegal  migration  flows  increased 
following  the  domestic  upheaval  in  Albania,  including  persons  thought  to  be  traffick- 
ing in  illegal  goods.  If  illegal  migrants  were  caught,  they  were  deported.  Over  60 
armed  incidents  occurred  during  the  year  on  the  border,  several  of  which  were  vio- 
lent confrontations  between  police  and  armed  illegal  migrants.  Several  incidents  re- 
sulted in  the  deaths  of  the  Albanian  migrants,  and  one  resulted  in  the  death  of  a 
police  captain. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  elected  a  President  by  popular  vote  for  the  first  time  in  1994  and  at  the 
same  time  chose  a  new  Parliament  in  the  second  multiparty  elections  in  the  coun- 
try's postwar  history,  the  first  since  independence.  Opposition  groups  charged  the 
Government  with  massive  fraud,  but  international  monitors  found  the  elections  to 
be  generally  free  and  fair  despite  widespread  irregularities  attributed  largely  to  poor 
organization.  Local  elections  in  Novemoer  1996  were  found  by  foreign  monitors  to 
be  a  considerable  improvement  over  1994;  the  governing  party  won  a  plurality  of 
the  vote.  The  next  parliamentary  elections  are  scheduled  for  1998. 

The  unicameral  Parliament  governs  the  country.  The  Prime  Minister,  as  head  of 
government,  is  selected  by  the  party  or  coalition  that  can  produce  a  majority  in  the 
Ptu'liament.  He  and  the  other  ministers  may  not  be  Members  of  Parliament.  The 
Prime  Minister  is  formally  appointed  by  the  President,  who  is  head  of  state.  Chair- 
man of  the  Security  Council,  and  commander-in-chief  of  the  armed  forces. 

Although  no  formal  restrictions  exist  on  the  participation  of  women  in  politics  and 
government,  they  are  severely  underrepresented  in  these  areas.  Only  1  of  20  cabinet 
ministers  is  a  woman,  and  only  4  of  120  Members  of  Parliament  are  women. 

Minorities,  including  ethnic  Albanians,  ethnic  Turks,  ethnic  Serbs,  and  Roma, 
have  political  parties  to  represent  their  interests.  Minorities  nevertheless  com- 
plained that  the  political  structures  were  biased  against  them.  Some  ethnic  Alba- 
nians claim  that  Albanian-majority  districts  had  far  more  voters  than  ethnic  Mac- 
edonian ones,  thus  violating  the  "one-person,  one-vote"  principle.  There  is  some 
merit  to  this  complaint,  but  the  coalition  partner  ethnic  Albanian  party  was  closely 
consulted  by  the  Government  during  a  redistricting  of  the  country's  municipalities 
in  1996  and  obtained  changes  in  the  law  that  it  sought.  Some  ethnic  Albanians  also 
complain  that  alleged  discrimination  against  them  in  citizenship  decisions  effec- 
tively disenfranchises  a  large  portion  of  tneir  community  (see  Section  2.d.). 


1187 

Ethnic  minority  Members  of  Parliament  include  19  Albanians,  2  Roma,  1  Serb, 
and  1  Turk.  There  are  five  cabinet  ministers  from  ethnic  minorities,  all  ethnic  Alba- 
nians. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Human  rights  groups  and  ethnic  community  representatives  meet  freely  with  for- 
eign representatives  without  government  interference.  A  forum  for  human  rights  ex- 
ists and  operates  freely.  The  Government  allows  indejaendent  missions  by  foreign 
observers  but  objects  to  being  included  in  the  mandates  of  human  rights  observers 
for  the  former  Yugoslavia,  particularly  the  Specifd  Rapporteur  from  the  United  Na- 
tion's Human  Rights  Commission.  In  October  the  Special  Rapporteur  recommended 
that  the  Conunission  remove  the  country  from  her  mandate,  although  she  asked 
that  she  retain  the  right  to  comment  on  developments  until  the  commission's  next 
session.  The  Organization  for  Security  and  Cooperation  in  Europe  maintains  a  mon- 
itoring mission  in  the  country  with  the  support  and  cooperation  of  the  Government. 

The  Government  is  generaJly  responsive  to  the  concerns  of  human  rights  groups. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial  Status 

The  Constitution  provides  for  equal  rights  for  all  citizens  regardless  of  their  sex, 
race,  color  of  skin,  national  or  social  origin,  political  or  religious  beliefs,  property, 
or  social  status.  However,  societal  discrimination  against  ethnic  minorities  and  the 
protection  of  women's  rights  are  problems. 

Women. — Violence  against  women,  especially  in  the  family  setting,  is  common. 
Criminal  procedures  are  available  for  victims  of  rape,  but  no  legal  recourse  exists 
in  the  case  of  spousal  rape.  Cultural  norms  discourage  the  reporting  of  such  vio- 
lence, and  criminal  charges  on  grounds  of  domestic  violence  are  very  rare.  Public 
concern  about  violence  against  women  is  not  evident  in  the  media,  although  some 
women's  groups  are  working  to  raise  awareness  of  the  issue.  Shelters  for  victims 
of  spousal  abuse  are  operated  by  nongovernmental  organizations.  A  hot  line  remains 
open,  but  its  hours  are  limited. 

The  trafficking  of  women  and  girls  for  prostitution  and  pornography  is  becoming 
a  problem. 

The  sexual  harassment  of  women  in  the  workplace  is  a  problem.  Maternity  bene- 
fits are  good,  with  Q-months  paid  maternity  leave.  Women  also  retain  for  2  years 
the  right  to  return  to  their  jobs. 

The  Constitution  provides  that  women  possess  the  same  legal  rights  as  men.  Mac- 
edonian society,  in  both  the  Muslim  and  Christian  communities,  is  patriarchal,  and 
the  advancement  of  women  into  nontraditional  roles  is  limited.  Women  are  severely 
underrepresented  in  the  higher  levels  of  the  private  sector,  although  some  profes- 
sional women  are  prominent.  Women  from  some  parts  of  the  ethnic  Albanian  com- 
munity do  not  have  equal  opportunities  for  employment  and  education,  primarily 
due  to  traditional  and  religious  constraints  on  their  full  participation  in  society.  Eth- 
nic Albanian  girls  are  underrepresented  in  primary  and  secondary  school. 

\Vomen's  advocacy  groups  include  the  Humanitarian  Association  for  the  Emanci- 
pation, Solidarity,  and  Equality  of  Women,  the  Union  of  Associations  of  Macedonian 
Women,  and  the  League  of  Albanian  Women. 

Children. — The  Government  is  committed  to  the  ridits  and  welfare  of  children  but 
in  some  areas  is  limited  by  resource  constraints.  Education  is  compulsory  through 
the  eighth  grade,  or  to  the  ages  of  15  or  16.  At  both  the  primary  and  secondary  lev- 
els, girls  in  some  ethnic  Albanian  communities  are  underrepresented  in  schools.  'Hie 
Government  encouraged  ethnic  minority  students,  particularly  girls,  to  enroll  in  sec- 
ondary schools.  Medical  care  for  children  is  adequate  but  hampered  by  the  general 
dlfiicult  economic  circumstances  of  the  country  and  the  weak  medical  system. 

There  is  no  pattern  of  societal  abuse  against  children. 

People  With  Disabilities. — Social  programs  to  meet  the  needs  of  the  disabled  exist 
to  the  extent  that  government  resources  allow.  Discrimination  on  the  basis  of  dis- 
ability is  forbidden  oy  law.  There  are  no  laws  or  regulations  mandating  accessibility 
for  disabled  persons. 

National  / Racial  / Ethnic  Minorities. — The  population  of  2.2  million  is  composed  of 
a  variety  of  national  and  ethnic  groups,  mainly  Macedonians,  Albanians,  Turks, 
Roma,  Serbs,  and  Vlachs.  All  citizens  are  equal  under  the  law.  The  Constitution  pro- 
vides for  the  protection  of  the  ethnic,  cultural,  linguistic,  and  religious  identity  of 
minorities,  including  state  support  for  education  in  minority  languages  throu^  sec- 
ondaiy  school  and  the  ofdcial  use  of  ethnic  minority  languages  in  areas  where  eth- 
nic nunorities  make  up  a  majority  of  the  population. 


1188 

Ethnic  tensions  and  prejudices  are  present  in  society.  The  Government  is  commit- 
ted to  a  policy  of  peaceful  integration  of  all  ethnic  groups  into  society  but  faces  polit- 
ical resistance  and  the  {persistence  of  popular  prejudices. 

Parts  of  the  political  opposition  object  to  even  modest  steps  to  meet  the  needs  of 
ethnic  minorities.  The  principal  example  of  opposition  attitudes  came  in  February, 
with  protest  demonstrations  following  the  Government's  approval  of  teacher  train- 
ing classes  in  the  Albanian  lan^age. 

Kepresentatives  of  the  ethmc  Albanian  community,  by  far  the  largest  minority 
group  with  22.9  percent  of  the  population  according  to  government  statistics,  are  the 
most  vocal  in  cnarging  discrimination.  Underrepresentation  of  Albanians  in  the 
military  and  police  is  a  major  grievance  of  the  community.  Even  in  areas  dominated 
by  ethnic  Albanians,  the  police  force  remains  overwhelmingly  ethnic  Macedonian. 
Tne  Ministiy  of  Interior  says  that  the  police  force  as  a  whole  is  only  4  percent  Alba- 
nian. To  raise  this  figure,  the  Ministry  introduced  in  1992-93  a  quota  of  enrolling 
22  percent  minorities  at  the  police  secondary  school,  although  attrition  has  meant 
that  graduating  classes  are  not  proportionately  represented.  Albanian  leaders  allege 
that  there  is  continued  discrimination  against  those  who  do  apply. 

The  military  has  achieved  some  success  in  its  efforts  to  recruit  and  retain  minor- 
ity oflicers  and  cadets.  Military  service  is  a  universal  male  obligation,  and  most 
young  men,  whatever  their  ethnic  origin,  answer  their  conscription  notices.  The  pro- 
portion of  Albanians  in  the  ranks  is  now  estimated  at  25  percent.  There  are  fewer 
Albanians  in  the  officer  corps,  but  some  progress  is  being  made  in  this  area  as  well. 
Eight  percent  of  junior  officers  are  from  ethnic  minorities,  while  14  percent  of  new 
cadets  at  the  military  academy  are  from  ethnic  minorities.  Just  over  8  percent  of 
the  civilian  employees  are  from  ethnic  minorities;  ethnic  Albanians  constitute  only 
2.9  percent  of  Ministry  of  Defense  civilians.  The  deputy  minister  of  defense  and  one 
of  eight  general  officers  are  ethnic  Albanians. 

The  Constitution  provides  for  primary  and  secondary  education  in  the  languages 
of  the  ethnic  minonties.  Primary  education  is  available  in  Macedonian,  Albanian, 
Turkish,  and  Serbian.  Albanian-language  education  is  a  crucial  issue  for  the  ethnic 
Albanian  conmiunity;  it  is  seen  as  vital  for  preserving  Albanian  heritage  and  cul- 
ture. Almost  all  ethnic  Albanian  children  receive  8  years  of  education  in  Albanian- 
language  schools.  The  number  of  ethnic  minority  students  who  receive  secondary 
education  in  their  mother  tongues  is  increasing,  and  was  13  percent  during  the 
year,  up  from  10  percent  in  the  previous  school  year.  Still,  less  than  40  percent  of 
primary  students  go  on  to  high  school,  partly  because  of  the  lack  of  available  classes 
in  Albanian  at  the  secondary  level  and  partly  because  the  traditional  nature  of  Al- 
banian society  leads  many  families  in  rural  areas  to  see  no  need  to  educate  their 
children,  especially  girls,  beyond  the  eighth  grade. 

The  Government's  response  to  ethnic  Aloanian  demands  for  greater  access  to 
higher  education  has  been  to  ease  admission  requirements  for  minorities  at  the  uni- 
versities in  Skopje  and  Bitola  for  up  to  10  percent  of  entering  places,  a  quota  that 
increased  to  23  percent  in  the  1996-97  school  year.  The  percentage  of  ethnic  Alba- 
nian students  at  Skopje  university  rose  from  4  percent  in  1992  to  7.25  percent  dur- 
ing the  year.  In  January  Parliament  passed  a  government-drafted  law  that  provides 
for  Albanian  language  university  education  for  students  at  Skopje  University's 
teacher  training  faculty  who  study  to  teach  in  Albanian-language  primary  and  sec- 
ondary schools.  An  obstacle  to  increasing  university  attendance  of  ethnic  Albanians 
is  their  low  but  increasing  enrollment  in  secondary  schools,  especially  among  girls. 

Demands  for  the  legahzation  of  an  unofficial  Albanian-language  university  in 
Tetovo  during  1995  led  to  a  violent  clash  between  demonstrators  and  police  in  which 
one  ethnic  Aloanian  died  and  about  30  people  were  injured.  Since  then  the  Govern- 
ment has  tacitly  allowed  the  university — which  it  still  considers  to  be  illegal — to 
function  without  giving  it  any  official  recognition. 

The  Government  has  not  supported  three  other  demands  of  some  ethnic  Albanian 
leaders  that  would  require  parliamentary  approval:  use  of  the  Albanian  language 
in  dealings  with  the  central  government  and  Parliament,  relaxing  citizenship  laws 
that  now  require  15  years  of  legal  residence  (see  Section  2.d.),  and  official  use  of 
the  Albanian  fiag. 

Ethnic  Turks,  who  comprise  about  4  percent  of  the  population,  also  complain  of 
governmental,  societal,  and  cultural  discrimination.  Their  main  complaints  center 
on  Turkish-language  education  and  media.  One  continuing  dispute  has  been  over 
the  desire  of  parents  who  consider  themselves  Turkish  to  educate  their  children  in 
Turkish  despite  the  fact  that  they  do  not  speak  Turkish  at  home.  The  Education 
Ministry  refuses  to  provide  Turkish-language  education  for  them,  noting  that  the 
Constitution  provides  for  education  in  the  mother  tongues,  not  a  foreign  lan^age. 
The  parents  nave  banded  together  to  hire  teachers  of  their  own,  but  this  kind  of 
private  education  is  not  legalfy  authorized. 


1189 

Ethnic  Serbs,  who  comprise  about  2  percent  of  the  population,  also  complained 
about  discrimuiation,  alleged  censorship  of  the  Serbian  press,  and  their  inability  to 
worship  freely  in  the  Serbian  Orthodox  Church. 

Little  tension  is  evident  between  the  Roma  and  other  citizens  of  the  country,  al- 
though Roma  tend  to  occupy  the  lowest  economic  rung  of  society.  In  1996  optional 
education  in  the  Romani  language  started  at  four  elementary  schools,  although 
there  has  been  no  call  for  a  fiill  curriculum.  There  are  two  Roma  Members  of  Par- 
liament. There  is  some  Romani -language  broadcasting. 

There  are  also  a  number  of  Macedonian  Muslims  and  Bosnian  Muslims  in  the 
country.  Some  Macedonian  Muslims  contend  that  they  are  identified  too  closely  with 
ethnic  Albanians,  most  of  whom  are  also  Muslim,  with  whose  policies  the  Macedo- 
nian Muslims  disagree. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  citizens  with  the  right  to 
form  trade  unions.  There  are  restrictions  on  this  right  for  military  members,  police, 
and  civil  servants. 

Independent  trade  unions  have  been  allowed  to  organize  since  1992,  when  an  As- 
sociation of  Independent  and  Autonomous  Unions  was  formed.  There  is  still  a  na- 
tional trade  union,  however.  The  Confederation  of  Trade  Unions  of  Macedonia  is  the 
successor  organization  to  the  old  Communist  labor  confederation.  It  maintains  the 
assets  of  the  old  unions  and  is  the  Government's  main  negotiating  partner,  along 
with  the  Chamber  of  Economy,  on  labor  issues.  While  its  officers  may  tend  to  oppose 
strikes  because  of  the  legacy  of  the  past,  they  appear  to  be  genuinely  independent 
of  the  Government  and  committed  to  the  interests  of  the  workers  they  represent. 

Independent  unions  held  a  number  of  brief  strikes  in  1997,  including  a  strike  of 
railway  workers  and  strikes  by  factory  workers.  These  were  undertaken  mainly  by 
employees  of  state-owned  companies,  some  of  which  were  shedding  workers  in  the 
process  of  privatization  and  delaying  their  pay  by  up  to  several  months.  Strikes 
were  also  organized  by  the  teachers'  union  and  a  doctors'  union,  primarily  to  protest 
low  wages  and  poor  working  conditions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Constitution  implicitly 
recognizes  employees'  right  to  bargain  collectively,  a  concept  nevertheless  still  in  its 
infancy.  Legislation  in  this  area  has  yet  to  be  passed  by  Parliament. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Legal  prohibitions  against  forced 
labor,  including  that  performed  by  children,  are  observed  in  practice. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  con- 
stitutional minimum  age  for  employment  of  children  is  15  years.  The  law  prohibits 
forced  or  bonded  labor  by  children,  and  the  Government  enforces  this  prohibition 
effectively  (see  Section  6.c.).  Children  may  not  legally  work  nights  and  are  permitted 
to  work  42-hour  weeks.  Education  is  compulsory  through  grade  eight,  or  to  the  ages 
of  15  or  16.  The  Ministry  of  Labor  and  Social  Welfare  is  responsible  for  enforcing 
laws  regulating  the  employment  of  children. 

e.  Acceptable  Conditions  of  Work. — The  average  monthly  wage  in  September  was 
about  $170  (9,088  Denars).  The  minimum  wage  is,  by  law,  two-thirds  of  the  average 
wage.  By  comparison,  an  average  basket  of  food  for  a  family  of  four  cost  $174  (9,287 
Denars).  This  economic  situation  meant  that  few  workers  could  support  a  family  on 
their  wages  alone  and  had  to  take  on  additional  work  in  the  gray  market  or  draw 
on  savings. 

Yugoslavia  had  extensive  laws  concerning  acceptable  conditions  of  work,  including 
an  official  42-hour  workweek  with  a  minimum  24-hour  rest  period  and  generous  va- 
cation and  sick  leave  benefits.  The  country  adopted  many  of  these  provisions,  includ- 
ing the  workweek  and  rest  period.  Proposals  to  reform  the  welfare  system  in  order 
to  reduce  government  expenditures  were  severely  criticized  by  the  public  and  with- 
drawn. The  Constitution  provides  for  safe  working  conditions,  temporary  disability 
comi)ensation,  and  leave  benefits.  Although  there  are  laws  and  regulations  on  work- 
er safety  remaining  from  the  Yugoslav  era,  credible  reports  suggest  that  they  are 
not  strictly  enforced.  The  Ministry  of  Labor  and  Social  Welfare  is  responsible  for  en- 
forcing regulations  pertaining  to  working  conditions. 

If  workers  have  safety  concerns,  employers  are  supjwsed  to  address  dangerous  sit- 
uations. Should  they  fail  to  do  so,  employees  may  leave  the  dangerous  situation 
without  losing  their  jobs. 


1190 
MALTA 

Malta  is  a  constitutional  republic  and  parliamentary  democracy.  The  Head  of 
State  (President)  aijpoints  as  the  Head  of  Government  (Prime  Minister)  the  leader 
of  the  party  that  gains  a  plurality  of  seats  in  the  quinquennial  elections  for  the  uni- 
cameral legislature.  The  judiciary  is  independent. 

The  police  are  commanded  by  a  civilian  commissioner  under  the  effective  super- 
vision of  the  Government. 

The  economy  is  a  mixture  of  state-owned  and  private  industry,  with  tourism  and 
light  manufacturing  as  the  largest  sectors,  and  it  provides  residents  a  moderate  to 
high  standard  of  living. 

The  Government  is  strongly  committed  to  human  rights.  An  independent  judiciary 
upholds  the  Constitution's  protections  for  individual  ri^ts  and  freedoms.  Cultural 
and  religious  patterns  reiniorce  the  homogeneity  of  society.  Societal  discrimination 
against  women  persists,  and  domestic  violence  is  a  problem,  but  the  Government 
has  taken  steps  to  address  both  issues. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  inhuman  or  degrading  punishment  or  treatment.  There 
were  no  reports  that  officials  employ  them. 

Prison  conditions  meet  minimal  international  standards,  and  the  Government  per- 
mits visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  and  law  provide  for 
freedom  from  arbitrary  arrest,  detention,  or  exile,  and  the  Government  observes  this 
prohibition.  The  police  may  arrest  a  person  for  questioning  on  the  basis  of  reason- 
able suspicion  but  within  48  hours  must  either  release  the  suspect  or  lodge  charges. 
Arrestecf  persons  have  no  right  to  legal  counsel  during  this  48-hour  period.  Persons 
incarcerated  pending  trial  are  granted  access  to  counsel.  Bail  is  normally  granted. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  independent  of  the  executive  and 
legislative  branches.  The  Chief  Justice  and  nine  judges  are  appointed  by  the  Presi- 
dent on  the  advice  of  the  Prime  Minister.  There  is  a  civil  court,  a  commercial  court, 
and  a  criminal  court.  In  the  latter,  the  presiding  Judge  sits  with  a  jury  of  nine  . 
The  Court  of  Appeal  hears  appeals  from  decisions  of  the  civil  and  commercial  courts. 
The  Court  of  (Jriminal  Appeal  hears  appeals  from  judgments  of  conviction  by  the 
criminal  court.  The  highest  court,  the  Constitutional  Court,  hears  appeals  in  cases 
involving  violations  of  human  rights,  interpretation  of  the  Constitution,  and  invalid- 
ity of  laws.  It  also  has  jurisdiction  in  cases  concerning  disputed  parliamentary  elec- 
tions and  electoral  corrupt  practices.  There  are  also  inferior  courts  presided  over  by 
a  magistrate. 

The  Constitution  requires  a  fair  public  trial  before  an  impartial  court.  Defendants 
have  the  right  to  counsel  of  their  choice,  or  (if  they  cannot  pay  the  cost)  to  court- 
appointed  counsel  at  public  exf>ense.  Defendants  enioy  a  presumption  of  innocence. 
Tney  may  confront  witnesses,  present  evidence,  and  have  tne  right  of  appeal. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  protects  privacy  of  the  home  and  prohibits  electronic  surveillance.  The 
Government  respects  these  provisions.  Police  omcers  with  the  rank  of  inspector  and 
above  may  issue  search  warrants  based  on  perceived  reasonable  grounds  for  sus- 
picion of  wrongdoing. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  (jovemment  respects  these  rights  in  practice.  However, 
the  1987  Foreign  Interference  Act  bans  foreign  participation  in  local  politics  during 
the  period  leacung  up  to  elections.  An  independent  press,  an  efTective  judiciary,  and 
a  functioning  democratic  political  system  combine  to  ensure  freedom  of  speech  and 
of  the  press,  including  academic  freedom.  A  monthly,  five  daily,  and  three  weekly 
newspapers  express  cuverse  views.  Six  television  stations  (3  government-owned,  1 
governing  party-owned,  1  opposition  party-owned,  and  1  commercial),  a  commercial 
cable  network,  and  19  private  radio  stations  also  function  freely. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  peaceful  assembly,  and  the  (jfovernment  respects  this  right  in  practice. 


1191 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  The  state -supported  rehgion  is  Roman 
Cathohcism.  The  Government  grants  subsidies  only  to  Roman  Catholic  schools.  Stu- 
dents in  government  schools  may  opt  to  decline  instruction  in  Roman  Catholicism. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  does  not  arbitrarily  restrict  movement  within  the 
country,  foreign  travel,  or  emigration.  A  court  order  may  prohibit  the  departure 
from  the  country  of  anyone  who  is  the  subject  of  a  formal  complaint  alleging  non- 
fulfillment of  an  obligation,  such  as  nonpayment  of  a  debt  or  nonsupport  of  an  es- 
tranged spouse. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees.  It  did  not  force  the  return  of  any  refugees  to  a  countiy  where 
they  feared  persecution.  Since  1992  the  Government  has  granted  temporary  refiigee 
status  to  over  1,000  persons,  pending  their  relocation  abroad.  Iraais  represent  the 
majority  of  the  approximately  500  first  asylum  refugees  still  in  Malta.  Tlie  Govern- 
ment, however,  cud  not  grant  refugee  status  or  accept  anyone  for  resettlement.  The 
Government  expels  or  repatriates  persons  it  deems  to  be  economic  refugees. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  exercise  this  right  in  multiparty,  secret-ballot  elections  held  every  5  years 
on  the  basis  of  universal  suffrage  for  those  18  years  of  age  or  over.  In  the  1996  elec- 
tion, 97  percent  of  the  electorate  voted. 

Women  are  underrepresented  in  government  and  politics.  However,  as  a  result  of 
the  general  elections  held  in  October  1996,  the  percentage  of  female  members  of 
Parliament  rose  from  1.5  percent  to  5.8  percent.  Also  for  the  first  time,  a  woman 
was  appointed  by  the  newly-elected  Labor  Government  to  be  Speaker  of  the  House 
of  Representatives.  The  Department  for  Equal  Status  of  Women,  established  in 
1989,  was  upgraded  to  a  Parliamentary  Secretariat  for  Women's  Rights  within  the 
Office  of  the  Prime  Minister.  The  Government  also  put  into  practice  a  policy  of  posi- 
tive action  regarding  the  nomination  of  women  to  government  boards  and  commit- 
tees, whereby  30  percent  of  such  nominations  are  reserved  for  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Various  human  rights  organizations  and  persons  interested  in  promoting  and  pro- 
tecting human  rights  operate  freely.  The  Government  places  no  restrictions  on  in- 
vestigations by  international  human  rights  groups. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  and  law  prohibit  discrimination  based  on  sex.  The  Government 
respects  thisprohibition. 

Women. — There  is  no  widespread  pattern  of  family  violence  against  women,  but 
continuing  reports  of  such  incidents  have  made  plain  that  the  problem  exists.  A  spe- 
cial police  unit  and  several  voluntary  organizations  provide  support  to  victims  of  do- 
mestic violence.  For  women  who  are  threatened  or  physically  abused,  the  Govern- 
ment also  maintains  an  emergency  fund  and  subsidises  a  shelter. 

The  Government  set  up  a  hot  line  in  January  1996  to  assist  victims  of  abuse 
through  counseling  and  through  referrals  to  legal  assistance  and  shelters.  A  commit- 
tee was  set  up  this  year  to  review  existing  family  legislation  and  to  propose  amend- 
ments dealing  with  domestic  violence. 

Prostitution  is  a  serious  offense  under  Maltese  law,  and  heavy  penalties  are  re- 
served for  organizers.  Rape  and  violent  indecent  assault  carry  sentences  of  up  to  10 
years.  The  law  treats  spousal  rape  the  same  as  any  other  rape.  Divorce  and  aoortion 
are  not  legal. 

The  Constitution  provides  that  all  citizens  have  access,  on  a  nondiscriminatory 
basis,  to  housing,  employment,  and  education.  While  women  constitute  a  growing 
portion  of  the  work  force,  they  are  underrepresented  in  management.  Cultural  and 
traditional  employment  patterns  often  direct  them  either  into  traditional  "women's 
jobs"  (such  as  sales  clerk,  secretary,  bank  teller,  teacher,  or  nurse)  or  into  more  re- 
warding jobs  in  family-owned  businesses  or  select  professions  (i.e.  academia  or  medi- 
cine). Therefore,  women  generally  earn  less  than  tneir  male  counterparts,  and  many 
leave  employment  upon  marriage.  The  (jovemment's  Parliamentary  Secretariat  for 
Women's  Rights  actively  addresses  women's  issues.  Legislation  enacted  in  1993 
granted  women  equality  in  matters  of  family  law,  and  a  1991  constitutional  amend- 
ment committed  the  (jovemment  to  promoting  equal  rights  for  all  persons  regard- 
less of  sex.  Redress  in  the  courts  for  sexual  discrimination  is  available.  The  (jovem- 
ment's  agenda  on  gender  includes  the  introduction  of  quotas  in  the  civil  service, 


45-909    98-39 


1192 

with  20  percent  of  executive  posts  to  be  reserved  for  women.  A  study  was  begun 
to  facilitate  implementation  of  this  policy. 

Children. — The  Government  has  expressed  concern  for  children's  rights  and  wel- 
fare but  addresses  those  concerns  within  the  context  of  family  law.  Although  sen- 
sitive to  children's  rights,  Parliament  has  failed  to  pass  specific  legislation  to  protect 
children's  ri^ts  and  is  not  actively  considering  sucn  legislation.  A  commission,  how- 
ever, is  reviewing  family  law  and  has  recommended  a  reform  of  family  courts  and 
counsel  for  children.  The  number  of  reported  cases  of  child  abuse  has  grown  as  pub- 
lic awareness  has  increased,  but  it  is  not  clear  whether  the  actual  number  of  inci- 
dents has  increased. 

People  With  Disabilities. — The  law  protects  the  rights  of  the  disabled.  The  1969 
Employment  of  Disabled  Persons  Act  led  to  greater  employment  of  disabled  persons 
in  govenmient  agencies.  The  1992  Structures  Act  requires  accessibility  to  public 
buildings  for  people  with  physical  disabilities.  Overall  government  and  private  sec- 
tor efforts  to  advance  the  status  of  disabled  persons  have  been  uneven. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  have  the  right  to  associate  freely  and  to 
strike,  and  the  (government  respects  these  rights  in  practice.  Only  noncivilian  per- 
sonnel of  the  armed  forces  and  police  are  prohibited  from  striking.  There  are  24  reg- 
istered trade  unions,  representing  about  50  percent  of  the  work  force. 

Althourfi  all  unions  are  independent  of  political  parties,  the  largest,  the  General 
Workers' Union,  is  generally  regarded  as  having  close  informal  ties  with  the  Labor 
Party.  There  is  no  prohibition  on  unions  affiliating  internationally. 

Under  the  Industrial  Relations  Act  of  1976,  the  responsible  minister  may  refer 
labor  disputes  either  to  the  Industrial  Tribunal  (a  government-appointed  body  con- 
sisting of  representatives  of  government,  employers,  and  employee  groups)  or  to 
binding  arbitration.  The  International  Labor  Organization  Committee  of  Experts  ob- 
jects to  a  provision  of  the  act  that  permits  compulsory  arbitration  to  be  held  at  the 
request  of  only  one  of  the  parties,  but  neither  unions  nor  employers  appear  to  object 
to  this  provision.  In  practice  a  striking  union  can  ignore  an  unfavorable  decision  of 
the  Tribunal  by  continuing  the  strike  on  other  grounds.  No  disputes  were  referred 
to  the  Tribunal  during  the  year. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers  are  free,  in  law  and 
practice,  to  organize  and  bargain  collectively.  Unions  and  employers  meet  annually 
with  government  representatives  to  work  out  a  comprehensive  agreement  regulating 
industrial  relations  and  income  policy. 

Under  the  Industrial  Relations  Act,  an  employer  may  not  take  action  against  any 
employee  for  participation  or  membership  in  a  trade  union.  Complaints  may  be  pur- 
sued through  a  court  of  law,  through  a  tripartite  (union-employer-govemment)  tri- 
bunal, or  through  the  Commission  Against  Injustices  (a  government-appointed  body 
composed  of  representatives  of  the  Government  and  the  opposition);  but  most  dis- 
putes are  resolved  directly  between  the  parties.  Workers  fired  solely  for  union  activi- 
ties must  be  reinstated. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  bans  forced 
labor,  and  it  does  not  occur. 

The  Government  prohibits  forced  and  bonded  labor  by  children  and  enforces  this 
prohibition  effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment prohibits  forced  and  bonded  child  labor  and  enforces  this  prohibition  effec- 
tively (see  Section  6.C.).  The  law  prohibits  employment  of  children  younger  than  the 
age  of  16.  This  is  generally  respected,  but  there  is  some  employment  of  underage 
children  during  summer  months,  especially  as  domestics,  restaurant  kitchen  help, 
or  vendors.  The  Department  of  Labor  enforces  the  law  effectively,  but  it  is  lenient 
in  cases  of  summer  employment  of  underage  youths  in  businesses  run  by  their  fami- 
lies. 

e.  Acceptable  Conditions  of  Work. — The  legal  minimum  wage,  $113  (44.13  Maltese 
liri)  per  week  plus  $11  (4.23  Maltese  liri)  a  week  in  mandatory  bonuses  paid  quar- 
terly, provides  a  decent  standard  of  living  for  a  worker  and  family  with  the  addition 
of  government  subsidies  for  housing,  health  care,  and  free  education.  Wage  Coun- 
cils, composed  of  representatives  of  government,  business,  and  unions,  regulate 
workhours;  for  most  sectors  the  standard  is  40  hours  per  week,  but  in  some  trades 
it  is  43  or  45  hours  per  week. 

Government  regulations  prescribe  a  daily  rest  period,  which  is  normally  1  hour. 
The  law  mandates  an  annual  paid  vacation  of  4  workweeks  plus  4  workaays.  The 
Department  of  Labor  effectively  enforces  these  requirements. 


1193 

Enforcement  of  the  1994  Occupational  Health  and  Safety  (Promotion)  Act  is  un- 
even, and  industrial  accidents  remain  frequent.  Workers  may  remove  themselves 
from  unsafe  working  conditions  without  jeopardy  to  their  continued  employment. 


MOLDOVA 

Moldova  gained  its  independence  from  the  Soviet  Union  in  1991.  In  1994  it  adopt- 
ed a  Constitution  that  provides  for  a  multiparty  representative  government  with 
power  divided  among  a  president,  cabinet,  parliament,  and  judiciary.  On  January 
15,  former  parliamentary  speaker  Petru  Lucinschi  was  inaugurated  as  President  for 
a  4-year  term.  International  observers  considered  the  presidential  elections,  held  in 
the  faU  of  1996,  to  be  free  and  fair.  President  Lucinschi  ran  as  an  indejjendent  and 
in  late  January  appointed  a  new  government  under  the  leadership  of  Prime  Min- 
ister Ion  Ciubuc.  Although  Ciubuc  had  not  served  as  a  minister  in  the  previous  gov- 
ernment, a  number  of  ministers  were  retained.  During  the  second  half  of  the  year, 
political  parties  started  to  prepare  for  the  parliamentary  elections  to  be  held  in  the 
spring  of  1998.  Although  increasing  in  independence,  the  judiciary  is  still  subject  to 
the  influence  of  the  prosecutor's  ofiice. 

Moldova  remains  divided,  with  mostly  Slavic  separatists  controlling  the 
Transnistrian  region  along  the  Ukranian  border.  This  separatist  regime  has  entered 
negotiations  with  the  national  government  on  the  possibility  of  a  special  status  for 
the  region.  Despite  the  signing  of  a  memorandum  on  the  bases  for  normalizing  rela- 
tions in  May,  progress  has  been  blocked  by  the  separatists'  continuing  demands  for 
"statehood"  and  recognition  of  Moldova  as  a  confederation  of  two  equal  states.  The 
Organization  for  Security  and  Cooperation  in  Europe  (OSCE),  the  Russian  Federa- 
tion, and  Ukraine  act  as  mediators.  The  two  sides  have  generally  observed  the 
cease-fire  of  July  1992,  which  ended  armed  conflict  between  them,  but  other  agree- 
ments to  normalize  relations  have  often  not  been  honored.  A  Christian  Turkic  mi- 
nority, the  Gagauz,  enjoys  local  autonomy  in  the  southern  part  of  the  country. 

The  Moldovan  Ministry  of  Internal  Afl'airs  has  responsibility  for  the  police.  The 
Ministry  of  National  Security  controls  other  security  organs,  including  the  border 
guards.  The  Constitution  assigns  to  Parliament  the  authority  to  investigate  the  ac- 
tivities of  these  ministries  to  ensure  that  they  comply  with  legislation  in  effect.  A 
protective  service,  which  guarded  the  President,  the  Prime  Minister,  and  the  Speak- 
er of  Parliament,  was  abolished  shortly  afler  President  Lucinschi  took  ofiice  because 
of  allegations  of  politicization  under  former  President  Snegur. 

While  Moldova  has  recently  made  considerable  progress  in  financial  stabilization 
and  economic  reform,  real  growth  in  the  economy  continues  to  be  slow.  Hence,  for 
many,  prosperity  remains  elusive.  In  Transnistria  the  economic  situation  is  even 
worse.  The  local  authorities  have  not  implemented  any  significant  economic  reforms, 
and  there  is  substantial  evidence  of  widespread  corruption. 

Moldova,  whose  economy  is  largely  based  on  agriculture,  continued  to  make 
progress  in  economic  reform.  A  law  governing  the  sale  and  purchase  of  land  went 
into  effect  in  September.  Citizens  and  foreign  investors  can  buy  land,  which  is 
bought  and  sold  at  market  prices.  However,  foreigners  cannot  buy  agricultural  land, 
nor  can  agricultural  land  be  resold  for  a  period  of  5  years.  A  government-backed  for- 
eign-financed program  is  now  facilitating  the  breakup  of  agricultural  joint  stock  as- 
sociations and  the  issuance  of  land  titles  to  their  former  members.  The  Government 
has  privatized  72  former  collective  farms  and  plans  to  extend  this  pj-ogram  to  an 
additional  500  farms  in  1998.  The  gross  domestic  product  is  officially  estimated  at 
about  $440  per  capita.  According  to  government  statistics,  about  80  percent  of  the 
population  lives  below  the  poverty  level,  and  10  percent  of  the  rural  population  has 
a  per  capita  income  of  less  than  one-quarter  of  that  level.  A  majority  of  citizens  can- 
not afford  to  buy  fish,  meat,  milk,  and  other  dairy  products  on  a  regular  basis.  The 
average  monthly  inflation  rate  was  under  1  percent.  Moldova's  external  borrowings 
totalea  over  $600  million.  The  economic  situation  is  worse  in  Transnistria. 

The  Government  generally  respects  the  human  rights  of  its  citizens,  however, 
there  were  problems  in  some  areas.  The  police  occasionally  beat  detainees  and  pris- 
oners. Prison  conditions  remain  harsh,  with  attempts  to  improve  them  hampered  by 
lack  of  funding.  The  judiciary  remains  subject  to  the  influence  of  the  prosecutor's 
ofiice.  The  Constitution  potentially  limits  the  activities  of  political  parties,  religious 
groups  and  the  press.  Societal  discrimination  against  women  persists.  Addressing  a 
minority  concern,  the  Constitution  allows  parents  the  right  to  choose  the  language 
of  education  for  their  children. 


1194 

The  Transnistrian  authorities  continue  to  be  responsible  for  abuses,  including 
questionable  detentions,  restrictions  on  freedom  of  religion  pressure  on  the  media, 
and  discrimination  against  Romanian/  Moldovan  speakers. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  politically 
motivated  killings  either  in  Moldova  or  its  separatist  region. 

b.  Disappearance. — There  were  no  confirmed  or  unconfirmed  reports  of  disappear- 
ances of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  forbids  torture  and  other  cruel,  inhuman,  or  degrading  treatment 
or  punishment.  There  were  no  allegations  of  torture  by  the  authorities,  but  there 
were  credible  reports  that  police  sometimes  beat  prisoners  or  suspects. 

Conditions  in  most  prisons  remain  harsh,  with  serious  overcrowding.  Cell  sizes  do 
not  meet  local  legal  requirements.  Conditions  are  especially  harsh  in  prisons  used 
to  hold  people  awaiting  trial  or  sentencing.  These  prisons  suffer  from  overcrowding, 
bad  ventilation,  and  a  lack  of  recreational  and  renabilitation  facilities.  Conditions 
for  those  serving  sentences  are  only  marginally  better.  The  incidence  of  disease,  es- 
pecially tuberculosis,  and  malnutrition  is  high  in  all  facilities.  Abuse  of  prisoners 
by  other  prisoners  or  jailers  themselves,  ostensibly  for  disciplinary  reasons,  has  been 
reduced  by  the  dismissal  or  retirement  of  some  of  the  worst  ofTending  guards.  The 
Ministry  of  Justice  now  administers  the  prison  system,  having  taken  over  from  the 
Ministry  of  Interior  in  1996.  Attempts  to  improve  prison  conditions  are  frustrated 
by  a  lack  of  financing.  Human  rights  monitors  are  permitted  to  visit  prisons. 

After  questionable  trials,  four  Moldovans  are  serving  sentences  in  Transnistria  for 
terrorism-related  crimes  (see  Section  l.e).  The  International  Committee  of  the  Red 
Cross  (ICRC),  which  visited  these  prisoners  on  two  occasions  (1992  and  1993)  in 
Tiraspol,  has  been  unable  to  visit  them  since,  despite  numerous  representations  to 
the  Tiraspol  authorities. 

Requests  by  human  rights  monitors  to  visit  prisons  in  Transnistria  have  been  re- 
fused. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  former  Soviet  Code  on  Penal  Proce- 
dure remains  in  force  with  some  amendments.  Prosecutors  issue  arrest  warrants. 
Under  the  Constitution,  a  suspect  may  be  detained  without  charge  for  24  hours.  The 
suspect  is  normally  allowed  family  visits  during  this  period.  The  24-hour  time  limit 
is  not  always  respected,  especially  if  a  person  is  arrested  late  on  a  Friday  or  on  a 
weekend.  Ii  charged,  a  suspect  may  be  released  pending  trial.  There  is  no  system 
of  bail,  but  in  some  cases,  a  friend  or  relative,  in  order  to  arrange  release,  may  give 
a  written  undertaking  that  the  accused  will  appear  for  trial.  Suspects  accused  of  vio- 
lent or  serious  crimes  are  generally  not  released  before  trial.  The  Constitution  per- 
mits pretrial  arrest  for  an  initial  period  of  30  days,  which  may  be  extended  up  to 
6  months.  In  exceptional  cases.  Parliament  may  approve  extension  of  pretrial  deten- 
tion on  an  individual  basis  of  up  to  12  months.  The  accused  has  the  right  under 
the  Constitution  to  a  hearing  before  a  court  regarding  the  legality  of  his  arrest.  Ac- 
cording to  figures  provided  by  the  Ministry  of  Justice  in  October,  of  a  prison  popu- 
lation of  10,521,  1,530  persons  were  held  in  confinement  awaiting  trial  (these  statis- 
tics do  not  include  persons  held  in  Transnistria). 

According  to  the  Constitution,  a  detained  person  must  be  informed  immediately 
of  the  reason  for  the  arrest  and  must  be  made  aware  of  the  charges  "as  quickly  as 
possible."  The  accused  has  the  right  to  a  defense  attorney  throughout  the  entire 
process,  and  the  attorney  must  be  present  when  the  charges  are  brought.  Many  law- 
yers point  out  that  access  to  a  lawyer  is  generally  granted  only  after  a  person  has 
been  detained  24  hours.  If  the  defendant  cannot  afibrd  an  attorney,  the  State  re- 
quires the  local  bar  association  to  provide  one.  Because  the  State  is  unable  to  pay 
ongoing  legal  fees,  a  lawyer  who  is  less  than  competent  or  energetic  is  often  chosen. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary. Although  the  prosecutor's  ofTice  still  has  undue  influence,  independence  of  the 
judiciary  has  increased  since  the  dissolution  of  the  Soviet  Union.  Since  July  prosecu- 
tors were  given  the  right  to  open  and  close  investigations  without  bringing  the  mat- 
ter before  a  court.  The  Constitution  provides  that  the  President,  on  the  nomination 
of  the  Superior  Court  of  Magistrates,  appoints  judges  for  an  initial  period  of  5  years. 
They  may  be  reappointed  for  a  subsequent  10-year  period,  after  which  they  serve 
until  retirement  age.  This  provision  for  judicial  tenure  is  designed  to  increase  judi- 
cial independence. 


1195 

The  judiciary  consists  of  lower  courts  of  the  first  instance,  five  appellate  courts 
(tribunals),  a  Higher  Court  of  Appeals,  a  Supreme  Court,  and  a  Constitutional 
Court.  The  Hidier  Appeals  Court  and  the  Supreme  Court,  which  serves  as  a  final 
court  of  appeal,  are  both  in  Chisinau.  The  Supreme  Court  supervises  and  reviews 
the  activities  of  the  lower  courts. 

By  law  defendants  in  criminal  cases  are  presumed  innocent.  In  practice  prosecu- 
tors' recommendations  still  carry  considerable  wei^t  and  Umit  the  defendant's  ac- 
tual presumption  of  innocence.  Trials  are  generally  open  to  the  public.  Defendants 
have  the  right  to  attend  proceedings,  confront  witnesses,  and  present  evidence.  De- 
fense attorneys  are  able  to  review  the  evidence  against  their  clients  when  preparing 
cases.  The  accused  enjoys  a  right  to  appeal  to  a  higher  court.  Because  of  a  lack  fund- 
ing for  adequate  facilities  and  p>ersonnel,  there  is  a  large  backlog  of  cases  at  the  tri- 
bunal and  Higher  Appeals  Court  levels.  Court  decisions  involving  the  restitution  of 
salary  or  a  position  are  not  always  implemented. 

To  date  no  pattern  of  discrimination  has  emerged  in  the  judicial  system.  The  Con- 
stitution provides  for  the  right  of  the  accused  to  have  an  interpreter  both  at  the  trial 
and  in  reviewing  the  documents  of  the  case.  If  the  majority  of  the  participants 
agree,  trials  may  take  place  in  Russian  or  another  acceptable  language  instead  of 
Romanian/Moldovan . 

There  continue  to  be  credible  reports  that  local  prosecutors  and  judges  extort 
bribes  for  reducing  charges  or  sentences.  Such  charges  were  brought  against  a  judge 
and  prosecutor  in  Cainari  in  October.  Prosecutors  occasionally  use  bureaucratic  ma- 
neuvers to  restrict  lawyers'  access  to  clients. 

There  were  no  reports  of  political  prisoners  outside  Transnistria. 

In  Transnistria,  four  Moldovans,  members  of  the  "Ilascu  Six,"  (one  of  whom,  Ilie 
Ilascu,  is  an  elected  member  of  the  Moldovan  Parliament  but  has  never  been  able 
to  take  his  seat)  remain  in  prison  following  their  conviction  in  1993  for  allegedly 
killing  two  separatist  officials.  International  human  rights  groups  raised  serious 
questions  about  the  fairness  of  the  trial;  local  organizations  alleged  that  the 
Moldovans  were  prosecuted  for  political  reasons,  solely  because  of  their  membership 
in  the  Christian  Democratic  Popular  Front,  a  Moldovan  political  party  that  favors 
reunification  with  Romania.  Family  members  have  been  allowed  access.  A  group  of 
Moldovan  doctors  was  refused  access  in  October.  The  Transnistrian  "authorities" 
have  refused  access  to  the  International  Committee  of  the  Red  Cross  (ICRC)  under 
standard  ICRC  terms  and  conditions,  such  as  requesting  a  private  meeting. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Both 
judges  and  prosecutors  issue  search  warrants.  In  some  instances  searches  are  con- 
ducted without  warrants.  Courts  do  not  exclude  evidence  that  was  illegally  obtained. 
There  is  no  judicial  review  of  search  warrants. 

The  Constitution  specifies  that  searches  must  be  carried  out  "in  accordance  with 
the  law,"  but  does  not  specify  the  consequences  if  the  law  is  not  respected.  It  also 
forbids  searches  at  night,  except  in  the  case  of  flagrant  crime. 

It  is  widely  believed  that  security  agencies  continue  to  use  electronic  monitoring 
of  residences  and  telephones  without  proper  authorization.  By  law  the  prosecutor's 
office  must  authorize  wiretaps  and  may  do  so  only  if  a  criminal  investigation  is 
under  way.  In  practice,  the  prosecutor's  office  lacks  the  ability  to  control  the  security 
organizations  and  police  and  prevent  them  from  using  wiretaps  illegally. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  and  the  law  provide  for  free- 
dom of  speech  and  press,  although  with  some  restrictions.  The  (jovemment  does  not 
abridge  freedom  of  speech,  and  the  print  media  express  a  wide  variety  of  political 
views  and  commentary.  National  and  city  governments  subsidize  a  number  of  news- 
papers, but  political  parties  and  professional  organizations,  including  trade  unions, 
also  publish  newspapers. 

Although  the  number  of  media  outlets  that  are  not  owned  and  operated  publicly 
by  the  State  or  a  political  party  is  growing,  most  of  these  "indepiendent"  media  are 
stUl  in  the  service  of  a  politician  or  political  movement,  commercial  interest,  or  for- 
eign country,  and  secure  large  subsidies  from  these  sources.  There  are  several  inde- 
pendent radio  stations,  including  one  that  broadcasts  religious  programs.  Two  inde- 
pendent television  stations  broadcast  in  the  Chisinau  area.  The  larger  independent 
outlet  in  Chisinau  maintains  a  news  stafT  and  conducts  a  number  of  public  interest 
programs.  The  Government  owns  and  operates  a  television  channel  tnat  covers  the 
whole  country  and  several  of  the  major  radio  stations.  A  number  of  regional  centers, 
including  Gagauzia,  operate  local  television  and  radio  stations.  In  contrast,  there  is 
only  one  private  radio  station,  which  broadcasts  religious  programs  outside  of 
Chisinau. 


1196 

Restrictions  on  press  freedoms  forbidding  "disputing  or  defaming  the  State  and 
the  people"  and  political  parties  that  "militate"  against  the  country's  sovereignty, 
independence  and  territorial  integrity  remain  in  the  Constitution.  They  lack  imple- 
menting legislation  and  are  not  invoiced.  The  press  law  includes  an  article  that  al- 
lows piiblic  figures  to  sue  for  defamation  without  distinguishing  between  their  pri- 
vate and  public  persons  and  leads  the  journalists  to  practice  some  degree  of  self- 
censorship.  In  cases  where  suits  have  been  filed  against  journalists  ana  media  or- 
gans, the  plaintiffs  almost  always  lose. 

The  Government  does  not  restrict  foreign  publications.  However,  foreign  publica- 
tions do  not  circulate  widely  since  they  are  very  expensive  by  local  standards.  Rus- 
sian newspapers  are  available,  however,  and  some  publish  a  special  Moldovan  week- 
ly supplement.  Moldova  receives  television  and  radio  broadcasts  from  Romania  and 
Russia.  Cable  subscribers  receive  Cable  News  Network  ,  Euro-News,  British  Broad- 
casting System  Prime,  National  Broadcasting  Company  Super  Channel,  Pro-TV  (Ro- 
mania) and  a  number  of  other  news  and  entertainment  networks,  but  there  are  only 


approximately  600  customers. 
Of  the  two  m 


major  newspapers  in  Transnistria,  one  is  controlled  by  the  regional  au- 
thorities and  the  other  by  the  Tiraspol  city  government.  There  is  also  an  independ- 
ent newspaper  in  the  northern  Transnistrian  city  of  Ribnitsa.  The  latter  two  criti- 
cize the  regime  from  time  to  time.  Other  print  media  in  Transnistria  do  not  have 
laive  circulations  and  appear  only  on  a  weekly  or  monthly  basis.  Nonetheless,  some 
of  tnem  also  criticize  local  authorities.  Among  them  is  a  new  newspaper  that  is  re- 
portedly financed  and  largely  written  by  the  local  "Ministry  of  State  Security."  The 
one  independent  television  station  is  trying  to  enlarge  its  broadcast  radius.  Resist- 
ance to  this  move  comes  from  the  local  official  Transnistrian  television,  which  up 
until  now  has  enjoyed  a  virtual  monopoly  of  advertising  revenues.  Most  Moldovan 
newspapers  do  not  circulate  in  Transnistria.  Circulation  of  all  print  media  in 
Transnistria  is  hampered  by  the  closed  nature  of  society  and  the  local  economic  cri- 
sis, which  is  more  severe  than  in  the  rest  of  Moldova. 
The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  the  right 
to  peaceful  assembly,  and  authorities  respect  this  right  in  practice.  The  mayor's  of- 
fice issues  permits  for  demonstrations;  it  may  consult  the  national  Government  if 
the  demonstration  is  likely  to  be  extremely  lai^e. 

The  Constitution  states  that  citizens  are  free  to  form  parties  and  other  social  and 
political  organizations.  Private  organizations,  including  political  parties,  are  re- 
quired to  register,  but  applications  are  approved  routinely.  The  Constitution  de- 
clares unconstitutional  parties  that  "militate  against  the  sovereignty,  independence, 
and  territorial  integrity  of  Moldova." 

c.  Freedom  of  Religion. — The  Government  generally  permits  the  free  practice  of 
religion.  However,  a  1992  law  on  religion  that  codifies  religious  freedoms,  contains 
restrictions  that  could  inhibit  the  activities  of  some  religious  groups.  To  date  these 
restrictions  have  not  been  enforced.  The  law  provides  for  freedom  of  religious  prac- 
tice, including  the  right  to  profess  one's  religion  in  any  form.  It  also  provides  for 
alternative  military  service  for  conscientious  objectors,  protects  the  confidentiality  of 
the  confessional,  allows  denominations  to  establish  associations  and  foundations, 
and  states  that  the  Government  may  not  interfere  in  the  religious  activities  of  de- 
nominations. The  law  prohibits  proselytizing.  However,  the  law  also  requires  that 
religious  groups  register  with  the  Government  in  order  to  hire  noncitizens. 

Some  Protestant  denominations  are  concerned  that  the  prohibition  on  proselytiz- 
ing could  inhibit  their  activities.  To  date  the  authorities  have  not  taken  legal  action 
against  individuals  for  proselytizing.  The  Salvation  Army,  however,  was  unable  to 
register  in  1996  as  a  religious  denomination  because  it  did  not  meet  the  require- 
ment of  having  a  Moldovan  citizen  as  the  organization's  legal  head.  Similarly,  on 
technical  grounds  Jehovah's  Witnesses  were  unable  to  register  in  Tiraspol. 

Although  Eastern  Orthodoxy  is  not  designated  in  the  law  on  religion  as  the  offi- 
cial religion,  it  continued  to  be  a  strong  religious  force  and  exerted  significant  influ- 
ence. In  1992  a  number  of  priests  broke  away  from  the  Moldovan  Ortnodox  Church, 
which  is  subordinate  to  the  Moscow  Patriarchy,  in  order  to  form  the  Bessarabian 
Orthodox  Church.  The  Bessarabian  Orthodox  Church,  which  sees  itself  as  the  legal 
and  canonical  successor  to  the  pre-World  War  II  Romanian  Orthodox  Church  in  Bes- 
sarabia (the  part  of  Moldova  between  the  Dniester  and  Prut  rivers),  subordinated 
itself  to  the  Bucharest  patriarchy  of  the  Romanian  Orthodox  Church.  The  Govern- 
ment has  consistently  refused  to  register  the  Bessarabian  Church,  citing  unresolved 
property  claims  as  the  principal  reason.  The  issue  has  political  overtones  as  well, 
since  it  raises  the  question  whether  the  Orthodox  Church  should  be  united  and  ori- 
ented toward  Moscow  or  divided  with  a  branch  oriented  toward  Bucharest.  A  ruling 
by  the  Court  of  the  First  Instance  in  1996  that  the  Bessarabian  Church  had  a  right 


1197 

to  be  registered  was  upheld  by  the  Higher  Appeals  Court  on  August  19..  The  Gov- 
ernment appealed  the  case  to  the  Supreme  Court  which  overturned  it  on  a  tech- 
nicality on  December  9.  In  a  meeting  with  the  Patriarchs  of  Constantinople,  Mos- 
cow, and  Tblisi  in  Odessa  at  the  end  of  September,  President  Lucinschi  urged  that 
the  dispute  be  settled  within  the  Orthodox  Church  in  order  to  prevent  further 
politicization  of  the  issue.  There  were  ongoing  discussions  on  the  problem  between 
the  Patriarchs  of  Moscow  and  Budapest. 

The  authorities  in  Transnistria  rescinded  the  registration  of  two  houses  of  wor- 
ship of  Jehovah's  Witnesses  in  the  region;  13  congregations  still  meet  in  private 
homes. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  does  not  restrict  travel  within  the  country,  and  there 
are  no  closed  areas.  Citizens  generally  are  able  to  travel  freely;  however,  there  are 
some  restrictions  on  emigration.  Close  relatives  with  a  claim  to  support  from  the 
applicant  must  give  their  concurrence.  The  Government  may  also  deny  permission 
to  emigrate  if  tne  applicant  had  access  to  state  secrets.  Such  cases,  however,  are 
very  rare,  and  none  were  reported  in  1997. 

Travel  between  Transnistria  and  the  rest  of  the  country  is  not  prevented.  There 
are  regularly  scheduled  buses  and  trains,  however,  the  separatist  "authorities"  often 
stop  and  search  incoming  and  outgoing  vehicles. 

Moldova  is  not  a  party  to  the  1951  United  Nations  Convention  Relating  to  the 
Status  of  Refugees  and  its  1967  Protocol.  The  issue  of  providing  first  asylum  has 
never  arisen  formally.  The  Government  has  no  processing  procedures  for  potential 
refugees  resident  in  the  country.  The  UNHCR  opened  an  oflice  in  August  and  held 
discussions  with  the  Government.  There  were  no  reports  of  the  forced  return  of  per- 
sons to  a  country  where  they  feared  prosecution.  The  Government  finally  decided 
not  to  renew  the  3-month  visa  of  an  Iraqi  Kurd  and  his  family,  who  were  seeking 
refugee  status  in  Moldova  earlier  in  the  year.  The  person  in  question  has  since  filed 
for  refugee  status  with  the  United  Nations  High  Commission  for  Refugees  in  Turkey 
after  a  stay  in  Bulgaria. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  voted  in  the  first  multiparty  parliamentary  elections  in  1994,  and  in  the 
country's  second  presidential  election  in  1996.  Former  parliamentary  speaker  Petru 
Lucinschi,  who  had  run  as  an  independent,  was  inaugurated  on  January  15.  Inter- 
national observers  considered  the  elections  to  have  been  free  and  fair.  The  peaceful 
transition  of  presidential  power  represents  further  progress  in  the  transition  to  de- 
mocracy. 

The  Constitution  adopted  in  1994  provides  for  the  division  of  power  among  the 
popularly  elected  President,  the  Cabinet,  the  Parliament,  and  the  judiciary.  The 
President,  as  Head  of  State,  in  consultation  with  the  Parliament,  appoints  the  Cabi- 
net and  PVime  Minister,  who  functions  as  the  Head  of  Government.  However,  a  min- 
ister can  only  be  dismissed  with  the  assent  of  the  Prime  Minister.  Some  observers 
believe  that  the  Constitution  does  not  adequately  define  how  executive  powers  are 
to  be  shared  between  the  President  and  the  Prime  Minister. 

The  political  fragmentation  and  realignment  that  began  before  the  presidential 
elections  in  1996  continued  throughout  the  year  in  anticipation  of  the  parliamentary 
elections  to  be  held  on  March  22,  1998. 

The  Constitution  states  that  citizens  are  free  to  form  parties  and  other  socio-polit- 
ical organizations.  A  controversial  article  states,  however,  that  those  organizations 
that  "are  engaged  in  fighting  against  political  pluralism,"  the  "principles  of  the  rule 
of  law,"  or  "the  sovereignty  and  independence  or  territorial  integrity  of  the  Republic 
of  Moldova,"  are  "unconstitutional."  Opposition  parties,  some  of  which  favor  rapid 
or  eventual  reunification  with  neighboring  Romania,  have  charged  that  this  provi- 
sion is  intended  to  impede  their  political  activities. 

On  a  local  level,  authorities  of  the  Gagauz  autonomous  region  refused  to  allow  the 
winner  of  a  local  mayoral  election  to  take  his  seat.  The  matter  is  now  under  adju- 
dication. 

In  1991  separatist  elements,  assisted  by  uniformed  Russian  military  forces  in  the 
area  and  led  by  supporters  of  the  1991  coup  attempt  in  Moscow,  declared  a 
"Dniester  Republic"  in  the  area  of  Moldova  that  is  locate  between  the  Dniester  River 
and  Ukraine.  Fighting  flared  briefiy  in  1992,  but  ended  after  Russian  forces  stepped 
in,  and  a  truce  has  held  since.  Russian,  Ukrainian,  and  OSCE  mediators  have  at- 
tempted to  encourage  the  two  sides  to  reach  a  settlement  that  preserves  Moldovan 
sovereignty  and  independence  while  granting  a  measure  of  autonomy  to 
Transnistria.  On  May  8,  the  Transnistrians  signed  a  Memorandum  of  Understand- 
ing with  the  Government  that  encompasses  these  objectives.  Since  then,  however. 


1198 

further  negotiations  were  inconclusive  and  there  was  no  further  progress  towards 
a  settlement  by  year's  end. 

There  are  no  restrictions  in  law  or  practice  barring  the  participation  of  women 
or  minorities  in  political  life.  However,  women  are  generally  underrepresented  in 
leading  positions  of  political  parties.  Women  hold  only  4  of  104  parliamentary  seats. 
The  Association  of  Moldovan  Women,  a  socio-political  organization,  competed  in  the 
1994  elections,  but  was  unable  to  gain  parliamentary  representation.  Russian, 
Ukrainian,  Bulgarian,  and  Gagauz  minorities  are  represented  in  Parliament,  with 
deputies  elected  from  nationwide  party  lists  rather  than  local  districts.  Debate  takes 
place  in  either  the  Romanian/Moldovan  or  Russian  language,  with  translation  pro- 
vided. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Several  local  human  rights  groups  exist.  The  local  Helsinki  Watch  organization 
maintains  contacts  with  international  human  rights  organizations,  as  does  the  Hel- 
sinki Citizens  Assembly,  whose  President  until  December  was  the  Chairman  of  the 
Parliamentary  Human  Rights  Commission.  Human  rights  groups  operate  without 
government  interference. 

In  July  Moldova  ratified  the  1950  European  Convention  for  the  Protection  of 
Human  Rights  and  Fundamental  Freedoms.  According  to  the  Constitution,  inter- 
national treaties  and  conventions  ratified  by  Moldova  have  precedence  over 
Moldovan  law.  Citizens  may  now  appeal  to  the  European  Court  in  Strasbourg  if 
they  think  that  their  rights  have  been  violated  or  if  Moldovan  laws  are  not  in  ac- 
cordance with  the  convention.  Most  citizens,  however,  are  unaware  of  the  convention 
as  well  as  their  rights  to  legal  remedies  in  general. 

The  Government  has  cooperated  with  the  ICRC  in  the  past,  permitting  visits  to 
prisoners  from  the  1992  conflict  (since  released).  The  Transnistrian  separatist  au- 
thorities have  not  allowed  the  ICRC  access  to  the  four  members  of  the  original 
"Ilascu  Six"  who  have  remained  in  prison  since  1993  (see  Section  I.e.).  The  four 
were  visited  by  a  team  of  Moldovan  and  Transnistrian  doctors  in  December. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  states  that  persons  are  equal  before  the  law  regardless  of  race, 
sex,  disability,  religion,  or  social  origin.  There  are  remedies  for  violations,  such  as 
orders  for  redress  of  grievances,  but  these  are  not  always  enforced. 

Women. — Women  abused  by  their  husbands  have  the  right  to  press  charges;  hus- 
bands convicted  of  such  abuse  may  receive  prison  sentences  (typically  up  to  6 
months).  Public  awareness  of  the  problem  of  violence  in  families  is  not  very  high 
and  no  special  government  programs  exist  to  combat  spousal  abuse.  According  to 
knowledgeable  sources,  women  do  not  generally  app)eal  to  police  or  the  courts  for 
protection  against  abusive  spouses  because  they  are  embarrassed  to  do  so  and  are 
not  convinced  that  the  authorities  will  react  positively,  as  the  police  generally  do 
not  consider  spousal  abuse  a  serious  crime.  Through  September  the  Ministry  of  In- 
ternal Affairs  recorded  176  cases  of  rape  or  attempted  rape,  down  13.3  percent  from 
the  previous  year  when  there  were  276  cases  reported  in  the  first  9  months  of  the 
year.  Women's  groups  believe  that  the  numbers  of  rapes  and  incidents  of  spousal 
abuse  are  underreported. 

The  law  provides  that  women  shall  be  equal  to  men.  However,  according  to  statis- 
tics, women  have  been  disproportionately  aflected  by  growing  unemployment.  By 
law  women  are  paid  the  same  as  men  for  the  same  work.  Although  still  victimized 
by  societal  discrimination,  anecdotal  evidence  suggests  that  women  are  more  em- 
ployable than  men  (being  seen  as  more  flexible,  better  workers),  and  are  working 
because  of  economic  necessity.  There  are  a  significant  number  of  female  managers 
in  the  public  sector  and  in  banking;  the  president  of  Moldova's  largest  bank  is  a 
woman. 

Children. — There  is  extensive  legislation  designed  to  protect  children,  including 
extended  paid  maternity  leave  and  government  supplementary  payments  for  fami- 
lies with  many  children.  Ten  years  of  basic  education  are  compulsory,  followed  by 
either  technical  school  or  further  study  leading  to  higher  education.  The  health  sys- 
tem devotes  extensive  resources  to  child  care.  Although  child  abuse  does  occasion- 
ally occur,  no  special  problems  came  to  light  in  1997.  There  are  no  statistics  on  child 
abuse.  Child  support  programs  suffered  from  inadequate  funding  along  with  other 
government  programs. 

An  estimated  1,000  children  are  living  in  the  streets  in  Chisinau  and  other  large 
urban  areas. 


1199 

People  With  Disabilities. — ^There  is  no  legal  discrimination  against  people  with  dis- 
abilities. However,  there  are  no  laws  providing  for  accessibility  to  buildings,  and 
there  are  few  government  resources  devoted  to  training  people  with  disabilities.  The 
Government  provides  tax  advantages  to  charitable  groups  that  assist  the  disabled. 

National  / Racial  / Ethnic  Minorities. — The  population  is  about  4.3  million,  of  which 
65  percent  are  ethic  Moldovans.  Ukrainians  (14  percent)  and  Russians  (13  p)ercent) 
are  the  two  largest  minorities.  A  Christian  Turkic  minority,  the  Gagauz,  lives  pri- 
marily in  the  southern  regions  of  the  country.  They  are  largely  Russian-sj)eaking 
and  represent  about  3.5  percent  of  the  population. 

The  1990  Citizenship  Law  offered  an  equal  opportunity  to  all  persons  resident  in 
Moldova  at  the  time  oi  independence  to  adopt  Moldovan  citizenship.  The  OSCE's  Of- 
fice of  Democratic  Institutions  and  Human  Rights  described  the  law  as  being  very 
liberal.  The  law  permits  dual  citizenship  on  the  basis  of  a  bilateral  agreement,  but 
no  such  agreements  are  in  effect. 

In  1994  the  Parliament  voted  to  delay  until  1997  the  implementation  of  the  lan- 
guage testing  called  for  in  the  Language  Law  of  1989,  which  was  due  to  begin  in 
1994.  According  to  the  law,  a  citizen  should  be  able  to  choose  which  language  to 
use  in  dealing  with  a  government  official  or  a  commercial  entity.  Ofiicials  are  there- 
fore obligated  to  know  Russian  and  Romanian/Moldovan  "to  the  degree  necessary 
to  fulfill  their  professional  obligations."  Since  many  Russian  speakers  do  not  speak 
Romanian/Moldovan  (while  educated  Moldovans  speak  both  languages),  they  argued 
for  a  delay  in  the  implementation  of  the  law  in  order  to  permit  more  time  to  learn 
the  language.  The  law  was  not  put  into  force  because  Parliament  has  postponed  im- 
plementation plans  indefinitely.  Addressing  a  minority  concern,  the  Constitution 
Provides  parents  with  the  right  to  choose  the  language  of  instruction  for  their  chil- 
ren. 

In  the  separatist  region,  however,  discrimination  against  Romanian/Moldovan 
speakers  continued.  Schools  are  required  to  use  the  Cyrillic  alphabet  when  teaching 
Romanian.  Many  teachers,  parents,  and  students  objected  to  the  use  of  the  Cyrillic 
script  to  teach  Romanian.  They  believe  that  it  disadvantages  pupils  in  pursuing 
higher  education  opportunities  in  the  rest  of  Moldova  or  Romania.  (Cyrillic  script 
was  used  to  write  the  Romanian  language  in  Moldova  until  1989,  since  "Moldovan," 
as  it  was  then  called,  was  officially  decreed  during  the  Soviet  era  to  be  a  different 
language  from  Romanian,  which  is  written  in  the  Latin  alphabet.  The  1989  Lan- 
guage Law  reinstituted  the  use  of  the  Latin  script.)  As  a  result  of  an  agreement  be- 
tween the  Government  of  Moldova  and  the  separatist  authorities,  8  schools  in  the 
separatist  region  obtained  permission  to  use  the  Latin  alphabet,  with  salaries  and 
textbooks  to  be  supplied  by  the  Moldovan  Ministry  of  Education.  These  schools  are 
considered  private  schools  by  the  local  authorities.  They  must  pay  rent  for  their  fa- 
cilities and  meet  local  curriculum  requirements,  building  codes,  and  safety  stand- 
ards. The  Government  has  no  budget  allotted  for  the  high  rent  asked  for  these  facili- 
ties. As  a  result,  classes  were  held  in  local  homes  or  run  in  shifts  in  the  few  avail- 
able buildings. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  1990  Soviet  Law  on  Trade  Unions,  which  was 
enacted  by  Moldova's  then-Supreme  Soviet  and  is  still  in  effect,  provides  for  inde- 
pendent trade  unions.  Laws  passed  in  1989  and  1991,  which  give  citizens  the  right 
to  form  all  kinds  of  social  organizations,  also  provide  a  legal  basis  for  the  formation 
of  independent  unions.  The  1994  Constitution  further  declares  that  any  employee 
may  found  a  union  or  join  a  union  that  defends  workers'  interests.  However,  there 
have  been  no  known  attempts  to  establish  alternate  trade  union  structures  inde- 
pendent of  the  successor  to  the  previously  existing  ofiicial  organizations  that  were 
part  of  the  Soviet  trade  union  system. 

The  successor  organization  is  the  (General  Federation  of  Trade  Unions  (GFTU). 
The  GFTU's  continuing  role  in  managing  the  state  insurance  system  and  its  reten- 
tion of  previously  existing  official  union  headquarters  and  vacation  facilities  provide 
an  inherent  advantage  over  any  newcomers  wno  might  wish  to  form  a  union  outside 
its  structure.  However,  its  industrial  or  branch  unions  are  becoming  more  independ- 
ent entities;  they  maintain  that  their  membership  in  the  GFTU  is  voluntary  and 
that  they  can  withdraw  if  they  wish.  Virtually  all  employed  adults  are  members  of 
a  union. 

Government  workers  do  not  have  the  ri^t  to  strike,  nor  do  those  in  essential 
services  such  as  health  care  and  energy.  Other  unions  may  strike  if  two-thirds  of 
the  members  vote  for  a  strike  in  a  secret  ballot.  There  were  several  labor  actions 
for  payment  of  wage  arrears,  including  a  number  of  strikes  by  teachers  and  health 
workers  in  various  parts  of  the  country. 


1200 

Unions  may  afliliate  and  maintain  contacts  with  international  organizations.  In 
December  the  GFTU  was  accepted  as  a  member  of  the  International  Confederation 
of  Trade  Unions  (ICTU). 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law,  which  is  based  on 
former  Soviet  legislation,  provides  for  collective  baivaining  rights.  However,  wages 
are  set  through  a  tripartite  negotiation  process  involving  government,  management, 
and  unions.  On  the  national  level,  the  three  parties  meet  and  negotiate  national 
minimum  wages  for  all  categories  of  workers.  Tnen,  each  branch  union  representing 
a  particular  mdustry  negotiates  with  management  and  the  government  ministries 
responsible  for  that  industry.  They  may  set  wages  higher  than  the  minimum  set  on 
the  national  level  and  often  do,  especially  if  the  industry  in  question  is  more  profit- 
able than  average.  Finally,  on  the  enterprise  level,  union  and  management  rep- 
resentatives negotiate  directly  on  wages.  Again,  they  may  set  wages  higher  than  ne- 
gotiators on  the  industry  level. 

There  were  no  reports  of  actions  taken  against  union  members  for  union  activi- 
ties. The  1990  Soviet  Law  on  Trade  Unions  provides  that  union  leaders  may  not  be 
fired  from  their  Jobs  while  in  leadership  positions  or  for  a  period  after  they  leave 
those  positions.  This  law  has  not  been  tested  in  Moldova. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
and  compulsory  labor,  and  it  is  not  known  to  occur.  The  Government  specifically 
prohibits  forced  and  bonded  labor  by  children,  and  there  were  no  reports  that  it  oc- 
curred. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  unrestricted  employment  is  18  years.  Employment  of  those  ages  16  to 
18  is  permitted  under  special  conditions,  mcluding  shorter  workdays,  no  night 
shifts,  and  longer  vacations.  The  Ministry  of  Labor  and  social  protection  is  primarily 
responsible  for  enforcing  these  restrictions,  and  the  Ministry  of  Health  also  has  a 
role.  Child  labor  is  not  used  in  industry,  although  children  living  in  rural  areas 
sometimes  assist  in  the  agricultural  sector.  The  Government  specifically  prohibits 
forced  and  bonded  labor  by  children,  and  there  were  no  reports  tnat  it  occurred  (see 
Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — There  is  a  legal  minimum  monthly  wage  of 
$3.92  (18  Moldovan  lei)  but  this  is  used  primarily  as  a  basis  for  calculating  fines. 
The  average  monthly  wage  of  (approximately  $42  (193  Moldovan  lei)  does  not  pro- 
vide a  decent  standard  of  living  for  a  worker  and  family.  Lowest  wages  are  in  the 
agricultural  sector,  where  the  monthly  average  is  $24.  62  (113  Moldovan  lei).  Due 
to  severe  budgetary  constraints,  the  (jrovemment  and  enterprises  often  do  not  meet 
payrolls  for  employees.  However,  this  situation  has  improved  over  the  past  year. 
The  Constitution  sets  the  maximum  workweek  at  40  hours,  and  the  Labor  Code  pro- 
vides for  at  least  1  day  off  per  week. 

The  State  is  required  to  set  and  check  safety  standards  in  the  workplace.  The 
unions  within  the  GFTU  also  have  inspection  personnel  who  have  a  rignt  to  stop 
work  in  the  factory  or  fine  the  enterprise  if  safety  standards  are  not  met.  Further, 
workers  have  the  right  to  refuse  to  work  but  may  continue  to  draw  their  salaries 
if  working  conditions  represent  a  serious  threat  to  their  health.  In  practice,  how- 
ever, the  depressed  economic  situation  has  led  enterprises  to  economize  on  safety 
equipment  and  generally  to  show  less  concern  for  worker  safety  issues.  Workers 
often  do  not  know  their  rights  in  this  area. 


MONACO 

Monaco  is  a  constitutional  monarchy  in  which  the  sovereign  Prince  plays  a  lead- 
ing role  in  governing  the  country.  The  Prince  appoints  the  four-member  Govern- 
ment, headed  by  a  Minister  of  State  chosen  by  the  Prince  from  a  list  of  candidates 
proposed  by  France.  The  other  three  members  are  Counselors  for  the  Interior  (who 
18  usually  French),  for  Public  Works  and  Social  Affairs,  and  for  Finance  and  the 
Economy.  Each  is  responsible  to  the  Prince.  Legislative  power  is  shared  between  the 
Prince  and  the  popularly  elected  18-member  National  Council.  There  are  in  addition 
three  consultative  bodies,  whose  members  are  appointed  by  the  Prince:  The  7-mem- 
ber  Crown  Council;  the  12-member  Council  of  State;  and  the  30-member  Economic 
Council,  which  includes  representatives  of  employers  and  trade  unions. 

In  addition  to  the  national  police  force,  the  "(Jarabiniers  du  Prince"  carry  out  se- 
curity functions.  Both  forces  are  controlled  by  government  officials. 

The  principal  economic  activities  are  services  and  banking,  light  manufacturing, 
and  tourism. 


1201 

Individual  human  rights  are  provided  for  in  the  Constitution  and  respected  in 
practice.  The  Constitution  distinguishes  between  those  rights  that  are  provided  for 
all  residents  and  those  that  apply  only  to  the  approximately  5,000  who  hold 
Monegasque  nationality.  The  latter  enjoy  free  education,  financial  assistance  in  case 
of  unemployment  or  illness,  and  the  right  to  vote  and  hold  elective  office.  Women 
traditionally  have  played  a  less  active  role  than  men  in  public  life,  but  this  is  chang- 
ing; women  currently  hold  both  elective  and  appointive  offices. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices,  and  the  authorities  respect  this  prohibi- 
tion. There  were  no  reports  of  violations. 

Prison  conditions  meet  or  exceed  minimum  international  standards,  and  the  Gov- 
ernment permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  bars  arbitrary  arrest. 
Arrest  warrants  are  required,  except  when  a  suspect  is  arrested  while  committing 
an  offense.  The  police  must  bring  detainees  before  a  judge  within  24  hours  to  be 
informed  of  the  charges  against  them  and  of  their  rights  under  the  law.  Most  de- 
tainees are  released  without  bail,  but  the  investigating  magistrate  may  order  deten- 
tion on  grounds  that  the  suspect  might  either  flee  or  interfere  with  the  investigation 
of  the  case.  The  magistrate  may  extend  the  initial  2-month  detention  for  additional 
2-month  periods  indefinitely.  Detainees  have  the  right  to  counsel,  at  public  expense 
if  necessary.  The  magistrate  may  permit  family  members  to  see  detainees. 

The  Government  does  not  forcibly  exile  its  own  nationals.  However,  it  does  some- 
times expel  non-Monegasque  nationals  who  are  in  violation  of  residency  laws  or  who 
have  committed  minor  offenses,  such  as  disorderly  conduct. 

e.  Denial  of  Fair  Public  Trial. — ^Under  the  1962  Constitution,  the  Prince  delegated 
his  judicial  powers  to  an  independent  judiciary.  The  law  provides  for  a  fair,  public 
trial,  and  the  authorities  respect  these  provisions.  The  defendant  has  the  ri^t  to 
be  present  and  the  right  to  counsel,  at  public  expense  if  necessary.  As  under  French 
law,  a  three-judge  tribunal  considers  the  evidence  collected  by  the  investigating 
magistrate  and  hears  the  arguments  made  by  the  prosecuting  and  defense  attor- 
neys. The  defendant  enjoys  a  presumption  of  innocence  and  the  right  of  appeal. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  individual's  right  of  privacy  in  personal  and  family  life, 
at  home,  and  in  correspondence,  and  the  Grovemment  respects  these  rights  in  prac- 
tice. 

Section  2.  Respect  for  Civil  Liberties,  Including; 

a.  Freedom  of  Speech  and  Press. — Freedom  of  expression  is  provided  for  by  the 
Constitution,  and  the  authorities  respect  this  ri^t  in  practice.  The  Monegasque 
Penal  Code,  however,  prohibits  public  denunciations  of  the  ruling  family,  a  regula- 
tion the  media  respect  in  practice.  Several  periodicals  are  published.  Foreign  news- 
papers and  magazines  circulate  freely,  including  French  journals  that  specifically 
cover  news  in  the  Principality.  Foreign  radio  and  television  are  received  without  re- 
striction. Stations  that  broadcast  from  the  Principality  operate  in  accordance  with 
French  and  Italian  regulations. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  citi- 
zens with  the  rights  of  peaceful  assembly  and  association.  Outdoor  meetings  require 
police  authorization,  which  is  not  withheld  for  political  or  arbitrary  reasons.  Formal 
associations  must  be  registered  and  authorized  oy  the  Government. 

c.  Freedom  of  Religion. — Roman  Catholicism  is  the  state  religion.  The  law  pro- 
vides for  the  free  practice  of  all  religions,  and  the  Government  respects  this  right 
in  practice. 

a.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Residents  move  freely  within  the  country  and  across  its  open  borders 
with  France.  Monegasque  nationals  enjoy  the  rights  of  emigration  and  repatriation. 
They  can  be  deprived  of  their  nationality  only  for  specified  acts,  incluaing  natu- 
ralization in  a  foreign  state.  Only  the  Prince  can  grant  or  restore  Monegasque  na- 
tionality, but  he  is  ooliged  by  the  Constitution  to  consult  the  Crown  Council  on  each 
case  before  deciding. 


1202 

The  Government  implements  the  1951  United  Nations  Convention  Relating  to  the 
Status  of  Refugees.  In  light  of  its  bilateral  arrangements  with  France,  the  Govern- 
ment does  not  grant  political  asylum  or  refugee  status  unless  the  request  also  meets 
French  criteria  for  such  cases.  The  number  of  cases  is  very  small.  There  were  no 
reports  of  forced  expulsion  of  those  having  a  valid  claim  to  refugee  status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Authority  to  change  the  Government  and  to  initiate  laws  rests  with  the  Prince. 
The  1962  Constitution  cannot  be  suspended,  but  it  can  be  revised  by  common  agree- 
ment between  the  Prince  and  the  elected  National  Council.  The  Prince  plays  an  ac- 
tive role  in  government.  He  names  the  Minister  of  State  (in  effect,  the  Prune  Min- 
ister) from  a  list  of  names  proposed  by  the  French  Government.  He  names  as  well 
the  three  Counselors  of  Government  (of  whom  the  one  responsible  for  the  interior 
is  usually  a  French  national).  Together  the  four  constitute  the  government.  Each  is 
responsible  to  the  Prince. 

Only  the  Prince  may  initiate  legislation,  but  the  18-member  National  Council  may 
propose  legislation  to  the  government.  All  lemslation  and  the  adoption  of  the  budget 
require  the  Council's  assent.  Elections  for  National  Council  members,  which  are 
held  every  5  years,  are  based  on  universal  adult  suffrage  and  secret  balloting.  Both 
political  parties  are  currently  represented  on  the  Council.  There  is  one  independent 
member. 

The  Constitution  provides  for  three  consultative  bodies.  The  seven-member  Crown 
CouncU  (composed  exclusively  of  Monegasque  nationals)  must  be  consulted  by  the 
Prince  on  certain  questions  of  national  importance.  He  may  choose  to  consult  it  on 
other  matters  as  well.  The  12-member  Council  of  State  advises  the  Prince  on  pro- 
posed legislation  and  regulations.  The  30-member  Economic  Council  advises  the  gov- 
ernment on  social,  financial,  and  economic  questions.  One-third  of  its  members  come 
from  the  trade  union  movement,  and  one-third  from  the  employers'  federation. 

Women  are  active  in  public  service.  The  Mayor  of  Monaco,  one  member  of  the 
Crown  Council,  a  member  of  the  National  Council,  and  three  members  of  the  Eco- 
nomic Council  are  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

While  the  (Jrovemment  imposes  no  impediments  to  the  establishment  or  operation 
of  local  groups  devoted  to  monitoring  human  rights,  there  is  none.  There  have  been 
no  requests  from  outside  groups  to  investigate  human  rights  conditions. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  that  aU  Monegasque  nationals  are  equal  before  the  law. 
It  differentiates  between  rights  that  are  accorded  nationals  (including  preference  in 
employment,  free  education,  and  assistance  to  the  ill  or  unemployed)  and  those  ac- 
corded all  residents  (e.g.,  freedom  of  religion,  inviolability  of  the  home). 

Women. — Reported  instances  of  violence  against  women  are  rare.  Marital  violence 
is  strictly  prohibited,  and  any  woman  who  is  a  victim  of  it  may  bring  criminal 
charges  against  her  husband.  Women  are  fairly  well  represented  in  the  professions. 
Women  are  less  well  represented  in  the  business  world.  The  law  governing  trans- 
mission of  citizenship  provides  for  equality  of  treatment  between  men  and  women 
who  are  Monegasque  by  birth.  However,  women  who  acquire  Monegasque  citizen- 
ship by  naturalization  cannot  transmit  it  to  their  children,  whereas  naturalized 
male  citizens  can. 

Children. — The  Government  is  fully  committed  to  the  protection  of  children's 
rights  and  welfare  and  has  well-funded  public  education  and  health  care  programs. 
There  is  no  societal  pattern  of  abuse  of  children. 

People  With  Disabilities. — The  Government  has  mandated  that  public  buildings 
provide  access  for  the  disabled,  and  this  has  been  largely  accomplished. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  are  free  to  form  unions,  but  fewer  than  10 
percent  of  workers  are  unionized,  and  relatively  few  of  these  reside  in  the  Principal- 
ity. Unions  are  independent  of  both  the  government  and  the  Monegasque  political 
fiarties.  The  Monegasque  Confederation  of  Unions  is  not  affiliated  with  any  larger 
abor  organization  but  is  free  to  join  international  bodies. 

The  Constitution  provides  for  the  right  to  strike  in  conformity  with  relevant  legis- 
lation. Government  workers,  however,  may  not  strike.  Strikes  are  rare.  The  first 
strike  in  several  years  occurred  in  1996,  when  the  Monegasque  Confederation  of 


1203 

Unions  organized  a  1-day  work  stoppage  by  bank,  transportation,  and  factory  em- 
ployees. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  the  free 
exercise  of  union  activity.  Agreements  on  working  conditions  are  negotiated  between 
organizations  representing  employers  in  a  given  sector  of  the  economy  and  the  re- 
spective union.  Antiunion  discrimination  is  prohibited.  Union  representatives  can  be 
fired  only  with  the  agreement  of  a  commission  that  includes  two  members  from  the 
employers'  association  and  two  from  the  labor  movement.  Allegations  that  an  em- 
ployee has  been  fired  for  union  activity  may  be  brought  before  the  Labor  Court, 
which  can  order  redress,  such  as  the  payment  of  damages  with  interest. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Such  practices,  involving  either 
adults  or  children,  are  prohibited  by  the  Constitution,  and  they  are  not  known  to 
occur  among  adults  or  children. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  employment  is  16  years;  those  employing  children  under  that  age  can 
be  punished  under  criminal  law.  Special  restrictions  apply  to  the  hiring,  worktimes, 
and  other  conditions  of  workers  16  to  18  years  old.  The  Constitution  prohibits  forced 
and  bonded  child  labor,  and  the  Government  enforces  this  prohibition  effectively 
(see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  legal  minimum  wage  for  full-time  work  is 
the  French  minimum  wage  plus  5  percent,  i.e.,  currently  approximately  $7.00  (Fr 
41.80)  per  hour.  The  5  percent  adjustment  is  intended  to  compensate  for  the  travel 
costs  of  the  three-quarters  of  the  workforce  who  commute  daily  from  France  into  the 
Principality.  The  minimum  wage  is  adequate  to  provide  a  decent  living  for  a  worker 
and  family.  Most  workers  receive  more  than  the  minimum.  The  legal  workweek  is 
39  hours.  Health  and  safety  standards  are  fixed  by  law  and  government  decree. 
These  standards  are  enforced  by  health  and  safety  committees  in  the  woricplace  and 
by  the  government  Labor  Inspector. 


THE  NETHERLANDS 

The  Netherlands  is  a  constitutional  monarchy  with  a  parliamentary  legislative 
system  and  an  independent  judiciary.  Executive  authority  is  exercised  by  the  Prime 
Minister  and  Cabinet  representing  the  governing  political  parties  (traditionally  a  co- 
alition of  at  least  two  major  parties).  The  bicameral  Parliament  is  elected  through 
free  and  fair  elections. 

Regional  police  forces  are  primarily  responsible  for  maintaining  internal  security. 
The  police,  the  royal  constabulary,  and  investigative  organizations  concerned  with 
internal  and  external  security  are  effectively  under  civilian  authority. 

The  market-based  economy  is  export  oriented  and  features  a  mixture  of  industry, 
services,  and  agriculture.  Key  industries  include  chemicals,  oil  refining,  natural  gas, 
machinery,  and  electronics.  The  agricultural  sector  produces  fruit,  vegetables,  flow- 
ers, meat,  and  dairy  products.  Living  standards  and  the  level  of  social  benefits  are 
high.  Unemployment  is  5.7  percent;  however,  long-term  unemployment,  in  particu- 
lar among  ethnic  minorities,  is  still  a  problem. 

The  (jrovemment  generally  respects  the  rights  of  its  citizens,  and  the  law  and  judi- 
ciary provide  effective  means  of  dealing  with  individual  instances  of  abuse.  The  Gov- 
ernment is  taking  serious  steps  to  address  violence  and  discrimination  against 
women.  The  Government  has  also  taken  steps  to  address  societal  discrimination 
against  minorities. 

Aruba  and  the  Netherlands  Antilles,  which  are  two  autonomous  regions  of  the 
kingdom,  also  feature  parliamentary  systems  and  full  constitutional  protection  of 
human  rights.  In  practice,  government  respect  for  human  rights  in  these  islands 
generally  is  little  different  from  that  in  the  European  Netherlands.  The  two  Carib- 
bean Governments  have  taken  measures  to  address  past  reports  of  police  brutality, 
but  the  islands'  prison  conditions  remain  substandard. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 


1204 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices,  ana  there  were  no  reports  that  officials 
employed  them. 

A  Dutch  government-funded  police  professionalization  program,  as  well  as  the  es- 
tablishment of  a  grievance  committee,  have  contributed  significantly  to  countering 
incidents  of  police  brutality  in  both  the  Netherlands  Antilles  and  Aruba.  No  new  in- 
cidents were  reported,  nor  has  there  been  any  allegation  of  torture. 

Prison  conditions  in  the  Netherlands  meet  minimum  international  standards,  and 
the  Government  pemaits  visits  by  human  rights  monitors. 

The  publication  of  two  reports  of  the  Committee  for  the  Prevention  of  Torture  of 
the  Council  of  Europe  encouraged  the  Governments  of  the  Netherlands,  the  Nether- 
lands Antilles,  and  Aruba  to  consider  the  improvement  of  the  "inhuman"  conditions 
in  Curacao's  prison  and  in  cell  blocks  at  the  police  stations  in  the  islands  of  St. 
Maarten,  Bonaire,  and  Aruba.  Complaints  ranged  from  overcrowding  and  deplorable 
sanitary  conditions  to  poor  food  and  insufficient  ventilation.  On  Curacao  prisoners 
violently  protested  poor  prison  conditions,  taking  control  of  Koraal  Specht  prison  in 
August.  A  local  commission  inquiry  into  prison  conditions  after  the  riots  reported 
32  claims  of  mistreatment  by  prison  guanfs  through  October,  the  majority  occurring 
after  the  prison  takeover,  and  termed  the  overall  situation  in  Koraal  Specht  "com- 
pletely unacceptable." 

The  Dutch  trovemment  has  ofi'ered  substantial  financial  and  logistic  assistance. 
The  authorities  plan  to  ease  overcrowding  at  Curacao's  prison  by  the  construction 
of  a  maximum  security  facility  and  a  new  wing  for  young  offenders,  as  well  as 
through  bilateral  agreements  with  neighboring  countries  on  the  transfer  of  sen- 
tenced persons,  since  most  prisoners  are  from  these  countries.  However,  little 
progress  was  made  towards  the  realization  of  these  plans. 

iTie  Governments  of  the  Netherlands  Antilles  and  Aruba  allow  access  by  non- 
governmental organizations  to  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest,  deten- 
tion, or  exile,  and  the  Government  observes  this  prohibition. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides 
citizens  with  a  fair  and  efficient  judicial  process. 

The  judicial  system  is  based  on  the  Napoleonic  Code.  A  national  pyramidal  system 
of  cantonal,  district,  and  appellate  courts  handles  both  criminal  and  civil  cases.  The 
Supreme  Court  acts  as  the  highest  appellate  court  and  guarantees  uniform  interpre- 
tation of  the  law.  In  criminal  trials,  the  law  provides  for  a  presumption  of  innocence 
and  the  ridht  to  public  trial,  to  counsel  (virtually  free  for  low  income  persons),  and 
to  appeal.  The  law  provides  for  the  right  to  a  fau*  trial,  and  the  independent  judici- 
ary vigorously  enforces  this  right. 

In  April  the  European  Court  for  Human  Rights  in  Strasbourg  ruled  that  the 
Netherlands  violated  Article  6  of  the  European  human  rights  convention  in  a  court 
ruling  in  which  a  conviction  was  based  "to  a  decisive  extent"  on  anonymous  testi- 
mony. Accordingly,  it  ruled  that  there  had  been  no  "fair"  trial.  In  response  to  this 
decision,  the  Government  is  reviewing  its  policy  on  the  issue  in  order  to  avoid  re- 
newed violations. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
prohibits  such  practices,  government  authorities  generally  respect  these  prohibi- 
tions, and  violations  are  suoject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  freedom  of  speech  and  of 
the  press,  and  the  Government  respects  these  rights  in  practice.  An  independent 
press,  an  efiective  judiciary,  and  a  functioning  democratic  political  system  combine 
to  ensure  freedom  of  speech  and  of  the  press,  including  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  law  provides  for  freedom  of  religion,  and  the  Govern- 
ment respects  this  right  in  practice.  State  subsidies  are  provided  to  religious  organi- 
zations tnat  maintain  educational  facilities. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees.  There  were  no  re- 
ports of  forced  expulsion  of  those  having  a  valid  claim  to  refugee  status.  The  Gov- 
ernment does  not  provide  first  asylum  as  such,  but  most  asylum  seekers  (87  percent 


1205 

in  1996),  except  those  who  obviously  came  from  a  "safe  country  of  origin"  or  stayed 
for  some  time  in  a  "safe  third  country,"  are  permitted  to  apply  for  resident  status. 
A  sizable  number  (about  40  percent  in  1996)  of  those  whose  applications  are  eventu- 
ally denied  are  nonetheless  permitted  to  stay  temporarily  on  Humanitarian  grounds 
or  as  long  as  their  country  oi  origin  is  considered  unsafe. 

In  recent  years,  new  legislation  has  aimed  to  protect  genuine  refugees  while  ex- 
cluding economic  refugees  and  illegal  immigrants.  More  stringent  criteria  for  grant- 
ing asylum  resulted  in  a  significant  decrease  in  the  number  of  new  asylum  seekers, 
from  52,576  in  1994  to  29,258  in  1995,  and  22,857  in  1996  (latest  available  statis- 
tics). The  focus  has  recently  shifted  to  advancing  the  return  of  rejected  asylum  seek- 
ers through  financial  incentives  and  assistance  to  reintegration  projects  in  their 
countries  of  origin.  To  this  end,  the  Government  concluded  bilateral  agreements 
with  countries  such  as  Ethiopia  and  Somalia. 

The  Government  has  an  active  policy  against  alien  smuggling,  the  penalties  for 
which  were  raised  considerably. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully,  and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage. 

There  are  no  restrictions  in  law  or  in  practice  on  the  participation  of  women  and 
minorities  in  government  and  politics.  About  one-third  of  Members  of  Parliament 
are  women,  as  are  4  of  the  13  cabinet  ministers. 

Although  a  minority,  women  also  hold  positions  in  the  parliaments  and  cabinets 
of  the  Netherlands  Antilles  and  Aruba. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Human  rights  groups  operate  without  government  restriction,  investigating  and 
publishing  their  findings.  Government  officials  are  very  cooperative  and  responsive 
to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  bans  discrimination  on  the  basis  of  any  of  these  factors  or  on  sexual  ori- 
entation or  political  preference.  The  Government  generally  is  effective  in  enforcing 
these  provisions.  Under  a  new  Equal  Treatment  Act,  complainants  may  take  offend- 
ers to  court  under  civil  law. 

Women. — The  Government  supports  programs  to  reduce  and  prevent  violence 
against  women.  Battered  women  find  refuge  in  a  network  of  48  government-sub- 
sidized women's  shelters  offering  the  services  of  social  workers  and  psychologists. 
In  addition,  battered  women  who  leave  their  domestic  partners  become  eligible  for 
social  benefits,  which  include  an  adequate  basic  subsidy  as  well  as  an  allowance  for 
dependent  children.  Nongovernmental  organizations  also  advise  and  assist  women 
who  have  been  victims  of  sexual  assault.  Since  1991  marital  rape  has  been  a  crime 
and  carries  the  same  penalty  as  nonmarital  rape.  Spousal  abuse  carries  a  one-third 
higher  penalty  than  ordinary  battery.  However,  since  the  judicial  system  does  not 
compile  statistics  distinguishing  spousal  abuse  from  battery,  it  is  difficult  to  docu- 
ment the  extent  of  the  problem.  The  most  recent  study,  by  the  Ministry  of  Welfare, 
Health,  and  Culture  in  1989,  showed  that  over  20  percent  of  women  in  heterosexual 
relationships  were  victims  of  violence  during  their  lifetimes.  Slightly  over  half  of 
these  suffered  repeated  severe  violence. 

In  addition  to  helping  victims  of  sexual  abuse,  the  Government  has  pursued  an 
active  prevention  campaign  through  commercials  and  awareness  training  of  edu- 
cators. A  recent  evaluation  of  the  results  of  the  first  5  years  of  this  campaign  dem- 
onstrated greater  awareness  of  the  problem,  particularly  among  the  target  group  of 
men  between  the  ages  of  15  and  35,  out  little  change  in  their  attitudes. 

Hi^h-priority  government  measures  to  combat  trafficking  in  women  for  prostitu- 
tion include  a  more  aggressive  prosecution  policy  as  v/ell  as  closer  international  oo- 
ojjeration.  A  number  oi  police  forces  have  established  special  units  to  deal  with  the 
problem.  The  Dutch  Foundation  Against  Trafficking  in  Women  estimates  that  each 
year  around  1,000  women  are  brought  into  the  Netherlands  for  the  purpose  of  pros- 
titution, not  only  from  Central  and  Eastern  Europe,  but  also  from  the  Far  East  and 
West  Africa.  Women  who  are  forced  to  work  illegally  as  prostitutes  and  who  are  ap- 

{)rehended  have  special  exemptions  in  immigration  law  and  receive  counseling  and 
egal  assistance. 

Women  are  increasingly  entering  the  job  market,  but  traditional  cultural  factors 
and  inadequate  child  care  facilities  can  discourage  women — especially  those  with 


1206 

young  children — from  working.  The  number  of  women  in  the  labor  market  is  rising 
steadily.  In  1983  only  some  38  percent  of  women  aged  between  15  and  64  held  paid 
jobs,  compared  with  almost  50  jjercent  at  present.  However,  unemployment  among 
women  is  still  high:  7.1  percent  of  the  working-age  population,  compared  with  4.8 
percent  of  male  workers.  About  67  percent  of  working  women  work  part  time,  com- 
pared with  17  percent  of  the  male  working  population.  The  Government  established 
favorable  conditions  for  part-time  employment  by  adopting  a  law  that  prohibits  em- 
ployers from  treating  part-time  workers  differently  from  those  in  full-time  jobs. 

According  to  the  Education  Ministry,  women  have  fully  made  up  the  arrears  thev 
had  experienced  in  education.  At  present,  girls  form  the  majority  in  higher  second- 
ary education  where  they  also  score  better,  and  in  1996,  for  the  first  time,  as  many 
women  as  men  entered  college  and  university. 

Women  are  often  underemployed  and  have  less  chance  of  promotion  than  their 
male  colleagues.  They  often  hold  lower  level  positions  than  men,  mostly  because  of 
their  part-time  jobs.  Despite  this,  some  women  are  making  steady  progress  by  mov- 
ing into  professional  and  high-visibility  jobs. 

In  1988  the  Government  started  affirmative  action  programs  for  women.  Collec- 
tive labor  agreements  usually  include  one  or  more  schemes  to  strengthen  the  posi- 
tion of  women.  Legislation  mandates  equal  pay  for  equal  work,  prohibits  dismissal 
because  of  marriage,  pregnancy,  or  motherhood,  and  provides  the  basis  for  equality 
in  other  employment-related  areas.  A  legislatively  mandated  Equal  Treatment  Com- 
mission actively  pursues  complaints  of  discrimination  in  these  areas  as  well  as  alle- 
gations of  pay  differences. 

The  social  welfare  and  national  health  systems  provide  considerable  assistance  to 
working  women  with  families.  Women  are  eligible  for  16  weeks  of  matemitv  leave 
with  full  pay.  The  Parental  Leave  Law,  which  allows  new  mothers  and  fathers  to 
work  only  20  hours  a  week  over  a  6-month  period,  was  made  more  flexible  in  July. 
The  new  law  allows  parents  to  take  (unpaid)  full-time  leave  during  3  months  or  to 
extend  the  leave  over  a  period  longer  than  6  months.  People  working  fewer  than 
20  hours  per  week  will  also  be  entitled  to  parental  leave.  In  addition,  the  child's 
age  limit  at  which  parental  leave  may  be  taken  has  been  extended  from  4  to  8 
years.  The  Netherlands  Antilles  and  Aruba  allow  60  days  of  paid  maternity  leave 
at  up  to  80  percent  of  full  salary. 

Women  have  full  legal  and  judicial  ri^ts  and  enter  marriage  with  the  option  of 
choosing  community  property  or  separate  regimes  for  their  assets. 

Women's  groups  dedicated  to  such  problems  as  equal  rights  in  social  security,  the 
legal  position  of  women,  sexual  abuse,  taxation,  education,  work,  and  prostitution 
operate  freely.  The  law  requires  employers  to  take  measures  to  protect  workers 
against  sexual  harassment;  research  showed  that  one  in  three  working  women  has 
experienced  sexual  harassment  in  the  workplace.  The  Government  ftinds  an  ongoing 
publicity  campaign  to  increase  awareness  of  the  problem.  As  the  biggest  employer 
in  the  country,  it  has  taken  measures  to  counter  Harassment  among  civil  servants, 
for  example,  in  the  police  force. 

Children. — The  Government  works  to  ensure  the  well-being  of  children  through 
numerous  well-funded  health,  education,  and  public  information  programs.  The 
Council  for  the  Protection  of  Children,  operated  tnrough  the  Ministry  of  Justice,  en- 
forces child  support  orders,  investigates  cases  of  child  abuse,  and  recommends  rem- 
edies ranging  from  counseling  to  withdrawal  of  parental  rights.  In  addition,  the 
Government  lias  set  up  a  popular  hot  line  for  children  and  a  network  of  pediatri- 
cians who  track  suspected  cases  of  child  abuse  on  a  confidential  basis.  There  is  no 
societal  pattern  of  abuse  of  children. 

International  sex  tourism  involving  abuse  of  minor  children  is  prosecutable  under 
the  law.  Since  1996  three  Dutchmen  have  been  tried  and  convicted  for  abuse  of  mi- 
nors in  the  Philippines  and  Thailand  respectively.  The  maximum  penalty  for  child 
pornography  was  raised  from  3  months'  to  4  years'  imprisonment,  6  years  in  the 
event  of  financial  gain,  and  the  maximum  fine  was  more  than  tripled.  New  legisla- 
tion allows  for  provisional  arrest,  house  searches,  and  criminal  financial  investiga- 
tions. Moreover,  the  authorities  no  longer  must  prove  that  a  pereon  possesses  child 
pornography  for  the  purpose  of  distribution  or  public  display.  The  possession  of  pic- 
tures of  sexual  behavior  with  minors  itself  will  be  sufficient  cause  for  prosecution. 
The  age  of  consent  is  16.  Prosecution  of  adults  for  sex  with  minors  between  the  ages 
of  12  and  16  only  occurs  upon  the  filing  of  a  complaint  by  an  interested  party. 

People  With  Disabilities. — There  is  no  discrimination  against  disabled  persons  in 
employment,  education,  or  in  the  provision  of  other  state  services.  Local  govern- 
ments are  increasingly  mandating  access  to  public  buildings  for  the  disabled. 

National  / Racial  /Ethnic  Minorities. — The  integration  of  racial  and  ethnic  minori- 
ties into  the  social  and  cultural  mainstream  remains  a  difficult  problem. 


1207 

The  Government  pursues  an  active  campaign  aimed  at  increasing  public  aware- 
ness of  racism  and  oiscrimination.  The  Constitution  prohibits  discrimination  on  the 
basis  of  race  and  nationality  and  allows  those  who  claim  that  they  have  been  dis- 
criminated against  to  take  offenders  to  court  under  civil  law.  In  1997  the  prosecu- 
tion norms  for  discrimination  were  tightened:  Penalties  were  raised  for  discrimina- 
tion by  jwlitical  parties,  companies,  and  institutions,  because  it  was  considered  more 
dangerous  when  this  is  done  by  such  organizations  than  by  individuals.  The  police 
were  recruired  to  report  any  complaint  of  discrimination  meticulously.  Any  police- 
man guilty  of  discrimination  now  risks  disciplinary  measures  as  well  as  criminal 
legal  proceedings.  The  latest  statistics  show  that  in  1996,  86  persons  or  organiza- 
tions were  brought  to  trial  on  discrimination  charges.  In  8  cases,  the  charge  was 
incitement  to  hatred,  discrimination  or  violence;  11  cases  concerned  distribution  of 
racist  pamphlets;  and  3  cases  concerned  discrimination  in  the  exercise  of  a  profes- 
sion. 

Over  a  thousand  racially  motivated  incidents  occurred,  ranging  from  racist  pam- 
phlets and  painted  slogans  to  bomb  threats,  harassment,  physical  abuse,  and  de- 
struction of  property.  However,  no  officially  recorded  incidents  of  a  life-threatening 
nature  were  directed  against  ethnic  minorities.  Research  by  the  Ministry  of  Justice 
established  that  most  of  the  antiforeigner  violence  is  committed  by  thrill-seeking 
youths  for  nonpolitical  reasons.  Such  youths  often  feel  threatened  by  ethnic  minori- 
ties in  their  immediate  living  space.  The  Criminal  Investigation  Service  believes 
that  the  number  of  rightwing  activists  has  dwindled  to  a  hardcore  group  of  50  to 
60  individuals  out  of  a  total  population  of  15.5  million. 

Immigrant  groups  face  some  discrimination  in  housing  and  employment.  These 
groups,  concentrated  in  the  larger  cities,  suffer  from  a  high  rate  oi  unemployment. 
The  Government  has  been  working  for  several  years  with  employers'  groups  and 
unions  to  reduce  minority  unemployment  levels  to  the  national  average.  As  a  result 
of  these  efforts,  in  recent  years  the  rate  of  job  creation  among  ethnic  minorities  has 
been  higher  than  among  the  general  population. 

The  1994  law  requiring  employers  with  a  woricforce  of  over  35  people  to  register 
their  non-Dutch  employees  has  been  simplified,  in  consultation  with  employers  and 
workers  organizations.  Employers  must  strive  for  a  woritforce  composition  that  re- 
flects the  regional  working  population.  They  are  required  to  submit  their  social  ac- 
tion plans,  including  recruitment  targets,  to  the  regional  labor  bureaus.  The  Labor 
Inspectorate  controls  implementation  of  the  law. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Membership  in  labor  unions  is  open  to  aU  workers 
including  military,  police,  and  civil  service  employees.  Workers  are  entitled  to  form 
or  join  unions  of  their  own  choosing  without  previous  government  authorization,  and 
unions  are  free  to  affiliate  with  national  traae  union  federations.  This  right  is  freely 
exercised. 

Unions  are  entirely  free  of  control  by  the  Government  and  political  parties.  Union 
members  may  and  do  participate  in  political  activities. 

All  workers  have  the  right  to  strike,  except  for  most  civil  servants  who  have  other 
institutionalized  means  of  protection  and  redress.  Industrial  relations  are  very  har- 
monious, and  the  number  of  strikes  each  year  is  very  low.  In  1996  some  10  labor 
days  per  1,000  workers  were  lost,  mostly  over  disputes  about  a  36-hour  workweek. 
There  is  no  retribution  against  striking  workers. 

About  25  percent  of  the  work  force  is  unionized,  but  union-negotiated  collective 
bargaining  agreements  are  usually  extended  to  cover  about  three-quarters  of  the 
work  force.  The  white-collar  unions'  membership  is  the  fastest  growing. 

The  four  union  federations  are  active  internationally,  without  restriction. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  right  to  organize  and 
bargain  collectively  is  recognized  and  well  establishea.  Discrimination  against  work- 
ers because  of  union  membership  is  illegal  and  does  not  occur. 

Collective  bargaining  agreements  are  negotiated  in  the  framework  of  the  "Social 
Partnership"  developed  between  trade  unions  and  private  employers.  Representa- 
tives of  the  main  union  federations,  employers'  organizations,  and  the  Government 
meet  each  autumn  to  discuss  labor  issues,  including  wage  levels  and  their  relation 
to  the  state  of  the  economy  and  to  international  competition.  The  discussions  lead 
to  a  central  accord  with  social  as  well  as  economic  goals  for  the  coming  year.  Under 
this  umbrella  agreement,  unions  and  employers  in  various  sectors  negotiate  sectoral 
agreements,  which  the  Government  usually  extends  to  all  companies  in  the  respec- 
tive sector. 

Antiunion  discrimination  is  prohibited.  Union  federations  and  employers'  organi- 
zations are  represented,  along  with  independent  experts,  on  the  Social  and  Eco- 
nomic Council.  The  Council  is  the  major  advisory  board  to  the  Government  on  its 


1208 

policies  and  legislation  regarding  national  and  international  social  and  economic 
matters. 
There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor,  in- 
cluding that  performed  by  children,  is  prohibited  by  the  Constitution  and  does  not 
occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  forced  and  bonded  labor  by  children,  and  this  prohibition  is  enforced  effec- 
tively. The  minimum  a^e  for  employment  is  16  years,  and  for  full-time  work  it  is 
conditioned  on  completion  of  the  mandatory  10  years  of  schooling.  Those  still  in 
school  at  the  age  oi  16  may  not  work  more  than  8  hours  per  week.  People  under 
the  age  of  18  are  prohibited  by  law  from  working  at  ni^t,  overtime,  or  in  areas 
dangerous  to  their  physiced  or  mental  well-being.  The  laws  are  effectively  enforced 
by  the  tripartite  Labor  Commission,  which  monitors  hiring  practices  and  conducts 
inspections. 

The  Government  takes  a  leading  role  in  an  international  campaign  against  child 
labor  in  developing  countries.  The  main  Dutch  labor  federation,  together  with  the 
United  Nations  Children's  Fund  and  several  nongovernmental  organizations,  also 
sttirted  a  campaign  against  the  sale  of  products  suspected  of  being  made  through 
chUd  labor,  and  for  a  '  trademark"  for  clotning  made  without  child  labor. 

e.  Acceptable  Conditions  of  Work. — The  minimum  wage  for  adults  is  established 
by  law  and  can  be  adjusted  every  6  months  to  changes  in  the  cost-of-living  index. 
Over  the  last  few  years,  the  link  between  statutory  minimum  wages  and  the  aver- 
age wage  increase  in  collective  labor  contracts  (approximately  2.5  percent  in  1997) 
has  been  maintained.  The  gross  minimum  wage  is  about  $1,120  (f.  2,244)  per 
month.  For  workers  earning  the  minimum  wage,  employers  currently  pay  $3,750  a 
year  (f.  6,000)  in  premiums  for  social  security  benefits,  which  includes  medical  in- 
surance. Only  3  percent  of  workers  earn  the  minimum  wage  because  collective  bar- 
gaining agreements,  which  are  normally  extended  across  a  sector,  usually  set  a  min- 
imum wage  well  above  the  legislated  minimum.  The  Government,  unions,  and  em- 

Sloyers  have  taken  measures  to  increase  the  number  of  minimum  wage  jobs  and  to 
ecrease  employers'  social  payments  in  order  to  lower  the  cost  of  hiring  new  workers 
and  to  create  more  jobs,  especially  for  the  long-term  unemployed. 

A  reduced  minimum  wage  applies  to  young  people  under  the  age  of  23 — one  of 
the  demographic  groups  with  tne  highest  rate  of  unemployment — intended  to  pro- 
vide incentives  for  their  employment.  This  wage  ranges  from  34.5  percent  of  the 
adult  minimum  wage  for  workers  16  years  of  age  to  85  percent  for  those  22  years 
of  age.  The  legislated  minimum  wage  and  social  benefits  available  to  all  minimum 
wage  earners  provide  an  adequate  standard  of  living  for  workers  and  their  families. 

Although  a  40-hour  workweek  is  established  by  law,  the  average  workweek  for 
full  time  jobs  now  stands  at  37V'2  hours.  This  is  the  result  of  agreements  reached 
in  collective  labor  agreements  on  shorter  working  weeks,  often  in  combination  with 
more  flexible  working  hours.  This  combination  makes  it  possible  to  gear  shorter 
working  hours  to  the  specific  situation  in  a  particular  business  or  branch  of  indus- 
try. 

Working  conditions,  including  comprehensive  occupational  safety  and  health 
standards  set  by  law  and  regulations,  are  actively  monitored  by  the  tripartite  Labor 
Commission.  Enforcement  is  effective.  Workers  may  refuse  to  continue  working  at 
a  hazardous  work  site.  The  Ministry  of  Labor  and  Social  Affairs  also  monitors 
standards  through  its  Labor  Inspectorate. 


NORWAY 

Norway  is  a  parliamentary  democracy  and  constitutional  monarchy  with  King 
Harald  V  as  the  Head  of  State.  It  is  governed  by  a  prime  minister,  cabinet,  and  a 
165-seat  Storting  (parliament)  that  is  elected  every  4  years  and  cannot  be  dissolved. 
The  judiciary  is  independent. 

The  national  police  have  primary  responsibility  for  internal  security,  but  in  times 
of  crisis,  such  as  internal  disorder  or  natural  catastrophe,  the  police  may  call  on  the 
military  forces  for  assistance.  In  such  circumstances,  the  military  forces  are  always 
under  police  authority.  The  civilian  authorities  maintain  effective  control  of  the  se- 
curity forces. 

Norway  is  an  advanced  industrial  state  with  a  mixed  economy  combining  private 
and  public  ownership  that  provides  a  high  standard  of  living  for  residents.  The  key 
industries  are  oil  and  gas,  metals,  engineering,  shipbuilding,  fishing,  and  manufac- 
turing (including  fish  processing  equipment).  The  leading  exports  are  oil  and  gas. 


1209 

manufactured  goods,  fish,  and  metals.  This  year  72  percent  of  the  labor  force  was 
in  the  service  sector  (including  public  service),  and  15  percent  was  in  the  manufac- 
turing sector. 

The  Government  generally  respects  the  rights  of  its  citizens,  and  the  law  and  judi- 
ciary provide  effective  means  of  dealing  with  instances  of  individual  abuse. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices,  and  there  were  no  reports  that  officials 
employed  them. 

Prison  conditions  meet  minimum  international  standards,  and  the  Government 
permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, detention,  or  exile,  and  the  Government  observes  this  pronibition. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice. 

The  court  system  consists  of  the  Supreme  Court,  the  Supreme  Court  Appellate 
Court  (committee),  superior  courts,  county  courts  for  criminal  cases,  magistrate 
courts  for  ciN^il  cases,  and  claims  courts.  Special  courts  are  the  Impeachment  Court 
(made  up  of  parliamentarians),  the  Labor  Court,  Trusteeship  Courts,  Fishery 
Courts,  and  land  ownership  severance  courts.  There  are  no  religious,  political,  or  se- 
curity courts.  All  courts,  which  date  to  laws  passed  in  the  11th  century,  meet  inter- 
nationally accepted  standards  for  fair  trials,  mcluding  providing  counsel  to  the  indi- 
gent. The  law  provides  for  the  ri^t  to  a  fair  trial,  and  an  independent  judiciary 
vigorously  enforces  this  right. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Both 
the  Constitution  and  law  prohibit  such  practices,  government  authorities  generally 
respect  these  prohibitions,  and  violations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  the 
press,  and  the  (jovemment  respects  this  right  in  practice.  An  independent  press,  an 
effective  judiciary,  and  a  functioning  democratic  political  system,  combine  to  ensure 
freedom  of  speech  and  of  the  press,  including  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

The  state  church  is  the  Evangelical  Lutheran  Church  of  Norway,  which  is  finan- 
cially siipported  by  the  State,  and  to  which  93  percent  of  the  population  nominally 
belong.  There  is  a  constitutional  requirement  that  the  King  ana  one-half  of  the  Cab- 
inet belong  to  this  church.  The  Workers'  Protection  and  Working  Environment  Act 
permits  prospective  employers  to  ask  job  applicants  in  private  or  religious  schools, 
or  in  day  care  centers,  whether  they  respect  Christian  beliefs  and  principles. 

Other  denominations  operate  freely.  A  religious  community  is  required  to  register 
with  the  Government  only  if  it  desires  state  support,  which  is  provided  to  all  reg- 
istered denominations  on  a  proportional  basis  in  accordance  with  membership.  Al- 
though the  state  religion  is  taught  in  all  public  schools,  children  of  other  faiths  are 
allowed  to  be  absent  from  such  classes  upon  parental  request.  Workers  belonging 
to  minority  denominations  are  allowed  leave  for  their  religious  holidays. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. The  (government  provides  first  asylum  and  provided  it  to  six  applicants  in 
1996.  Norway  also  has  agreed  to  resettle  a  quota  of  1,0(X)  persons  identified  by  the 
UNHCR.  Norway  granted  asylum  to  788  refugees  in  this  category  in  1996.  In  addi- 
tion it  provided  residence  permits  on  humanitarian  grounds  to  asylum  seekers  in 
the  first  instance  to  610  persons  in  1996.  Norway  granted  residence  to  255  addi- 
tional individuals  who  had  appealed  their  cases  to  the  Ministry  of  Justice.  In  1996 
the  (Jovemment  announced  that  all  of  the  approximately  12,()00  Bosnian  refugees 


1210 

already  in  the  country  would  be  granted  permiasion  to  stay.  During  the  first  half 
of  the  year,  the  Government  granted  political  asylum  to  10  persons  and  provided 
residence  permits  to  679  persons.  There  were  no  reports  of  forced  expulsion  of  those 
having  a  valid  claim  to  refugee  status  or  of  persons  forcibly  returned  to  countries 
where  they  feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  law  provides  citizens  with  the  right  to  change  their  Government  peacefully, 
and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair  elections 
held  on  the  basis  of  universal  suffrage. 

There  are  no  restrictions,  in  law  or  practice,  on  the  participation  of  women  in  gov- 
ernment or  in  the  political  arena  generally.  Norway  had  a  female  prime  minister 
who  served  for  9  of  10  years  between  1986  and  1996.  The  current  prime  minister 
has  appointed  women  to  lead  9  of  the  18  ministries.  Women  hold  60  out  of  the  165 
seats  in  parliament  (36.4  percent),  chair  4  of  12  standing  committees,  and  lead  3 
of  the  6  main  political  parties. 

In  addition  to  participating  freely  in  the  national  political  process  in  1997,  Nor- 
wegian Sami  (formerly  known  as  Lapps)  elected  their  own  constituent  assembly,  the 
Sameting,  for  the  third  time.  Under  the  law  establishing  the  39-seat  body,  it  is  a 
consultative  group  which  meets  regularly  to  deal  with  all  matters  which  in  [its] 
opinion  are  oi  special  importance  to  the  Sami  people."  In  practice  the  Sameting  has 
been  most  interested  in  protecting  the  group's  language  and  cultural  rights  and  in 
influencing  decisions  on  resources  and  lands  where  Sami  are  a  majority. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  tneir  findings  on  human  rights  cases.  Government  officials 
are  very  cooperative  and  responsive  to  their  views. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  sex,  religion,  disability, 
language,  or  social  status,  and  the  Government  enforces  this  prohibition  in  practice. 

Women. — In  1995  there  were  16,314  contacts  by  women  with  crisis  action  centers 
and  2,380  overnight  stays  by  women  at  shelters.  Police  authorities  believe  that  in- 
creases in  reported  rapes  and  wife  beatings  in  recent  years  have  been  laiyely  due 
to  greater  willingness  among  women  to  report  these  crimes.  The  police  vigorously 
investigate  and  prosecute  such  crimes.  They  have  also  instituted  special  programs 
to  prevent  rape  and  domestic  violence  and  to  counsel  victims.  Public  and  private  or- 
ganizations run  several  shelters  which  give  battered  wives  an  alternative  to  retum- 
ingto  a  violent  domestic  situation. 

The  rights  of  women  are  protected  under  the  Equal  Rights  Law  of  1978  and  other 
regulations.  According  to  that  law,  "women  and  men  engaged  in  the  same  activity 
shall  have  equal  wages  for  work  of  equal  value."  An  Equal  Rights  Council  monitors 
enforcement  of  the  law,  and  an  Equal  Rights  Ombudsman  processes  complaints  of 
sexual  discrimination.  There  were  89  written  complaints  in  1996  and  284  by  tele- 
phone. Of  all  complaints  handled  by  the  ombudsman,  43.5  percent  were  filed  by 
women,  21  percent  by  men,  and  27.5  percent  by  organizations;  in  the  latter  cases, 
it  is  not  clear  whether  the  organizations  represented  men  or  women  (8  percent  of 
the  complaints  were  made  anonymously.) 

In  1995  the  Parliament  adopted  a  harassment  amendment  to  the  Working  Envi- 
ronment Act,  which  states  that  "employees  shall  not  be  subjected  to  harassment  or 
other  unseemly  behavior." 

Children. — The  (jovemment  demonstrates  its  strong  commitment  to  children's 
rights  and  welfare  through  its  well-funded  systems  of  education  and  medical  care. 
The  Government  provides  education  for  chiloren  through  the  post-secondary  level. 
There  is  no  difference  in  the  treatment  of  girls  and  boys  in  education  or  health  care 
services.  An  independent  Children's  Ombudsman  Office,  within  the  Ministry  of  Chil- 
dren and  Families,  assures  protection  of  children  in  law  and  in  practice.  There  is 
no  societal  pattern  of  abuse  against  children. 

People  With  Disabilities. — There  is  no  discrimination  against  disabled  persons  in 
employment,  education,  or  in  the  provision  of  other  state  services.  The  law  man- 
dates access  to  buildings  for  people  with  disabilities,  and  the  Grovemment  enforces 
these  provisions  in  practice. 

Indigenous  People. — Apart  from  a  tiny  Finnish  population  in  the  northeast,  the 
Sami  constituted  the  only  significant  minority  group  until  the  influx  of  immigrants 
during  the  1970's.  In  recent  years,  the  Government  nas  taken  steps  to  protect  Sami 


1211 

cultural  rights  by  providing  Sami  language  instruction  at  schools  in  their  areas, 
radio  and  television  programs  broadcast  or  subtitled  in  Sami,  and  subsidies  for 
newspapers  and  books  oriented  toward  the  Sami.  In  a  rare  political  statement  in 
October  at  the  opening  of  the  third  Sami  Parliament,  King  Harald  V  publicly  apolo- 
gized to  the  Sami  people  for  repression  under  Norwegian  rule.  In  1996  the  Govern- 
ment appointed  a  state  secretary  in  the  Ministry  of  Local  Government  and  Regional 
Affairs  to  deal  specifically  with  Sami  issues. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  provides  workers  with  the  right  to  associate 
freely  and  to  strike.  The  Government  changed  its  wage  negotiating  process  for  1996, 
shifting  negotiations  from  the  national  to  the  local  and  company  level.  This  change 
resulted  in  a  substantially  higher  number  of  strikes.  There  were  18  strikes  in  1996 
at  the  national,  regional,  local,  and  company  levels,  involving  53,257  workers.  Al- 
most aU  strikes  were  settled  through  negotiations. 

The  Government  has  the  right,  with  the  approval  of  the  Storting,  to  invoke  com- 
pulsory arbitration  under  certain  circumstances.  The  Government  came  under  in- 
creasing criticism  in  1995  for  resorting  to  compulsory  arbitration  too  quickly  during 
strikes.  In  addition  this  procedure,  which  was  also  invoked  several  times  in  the 
1980's,  particularly  in  the  oil  industry,  was  criticized  repeatedly  by  the  Committee 
of  Experts  of  the  International  Labor  Organization,  which  argued  that  the  situations 
were  not  a  sufficient  threat  to  public  health  and  safety  to  justify  invoking  compul- 
sory arbitration.  The  Supreme  Court  is  reviewing  a  case  that  will  allow  it  to  rule 
on  whether  the  national  process  in  this  regard  violates  the  country's  international 
commitments. 

With  membership  totaling  about  60  percent  of  the  work  force,  unions  play  an  im- 
portant role  in  political  and  economic  life  and  are  consulted  by  the  Government  on 
important  economic  and  social  problems.  Although  the  largest  trade  union  federa- 
tion is  associated  with  the  Labor  Party,  all  unions  and  labor  federations  are  free 
of  party  and  government  control.  Unions  are  free  to  form  federations  and  to  affiliate 
internationally.  They  maintain  strong  ties  with  such  international  bodies  as  the 
International  Confederation  of  Free  Trade  Unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — All  workers,  including  govern- 
ment employees  and  military  personnel,  exercise  the  right  to  organize  and  bargain 
collectively.  Collective  bargaining  is  widespread,  with  most  wage  earners  covered  by 
negotiated  settlements,  either  directly  or  through  understandings  which  extend  the 
contract  terms  to  workers  outside  of  the  main  labor  federation  and  the  employers' 
bargaining  group.  Any  complaint  of  antiunion  discrimination  would  be  dealt  with  by 
the  Labor  Court,  but  there  have  been  none  in  i^ecent  years. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Government  prohibits  forced 
and  bonded  labor  by  children,  and  there  were  no  iieports  that  it  occurred.  Compul- 
sory labor  is  prohibited  by  law  and  does  not  exist.  The  Directorate  of  Labor  Inspec- 
tions ensures  compliance.  Domestics,  children,  or  foreign  workers  are  not  required 
to  remain  in  situations  amounting  to  coerced  or  bonded  labor. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  Gov- 
ernment prohibits  foi^ced  and  bonded  labor  by  children,  and  there  were  no  reports 
that  it  occurred  (see  Section  6.c.).  Children  13  to  18  years  of  age  may  be  employed 
part-time  in  light  y/oik  that  will  not  adversely  affect  their  health,  development,  or 
schooling.  Minimum  age  rules  are  observed  in  practice  and  enforced  by  the  Direc- 
torate of  Labor  Inspections.  Education  is  compulsory  for  9  years.  Children  are  nor- 
mally in  school  until  the  age  of  16. 

e.  Acceptable  Conditions  of  Work. — Normal  working  hours  are  mandated  by  law 
and  limited  to  37^2  hours  per  week.  The  law  also  provides  for  25  working  days  of 
paid  leave  per  year  (31  days  for  those  over  age  60).  A  28-hour  rest  period  is  legally 
mandated  on  weekends  and  holidays.  There  is  no  specified  minimum  wage,  but 
wages  normally  fall  within  a  national  scale  negotiated  by  labor,  employers,  and  the 
Government.  Average  income,  not  including  extensive  social  benefits,  is  adequate  to 
provide  a  worker  and  family  a  decent  living. 

Under  the  Workers'  Protection  and  Working  Environment  Act  of  1977,  all  em- 
ployed persons  are  assured  safe  and  physically  acceptable  working  conditions.  Spe- 
cific standards  are  set  by  the  Directorate  of  Liabor  Inspections  in  consultation  with 
nongoverTimental  experts.  According  to  the  Act,  working  environment  committees 
composed  of  management,  workers,  and  health  p>ersonnel  must  be  established  in  all 
enterprises  with  50  or  more  workers,  and  safety  delegates  must  be  elected  in  all  or- 
ganizations. Workers  have  the  right  to  remove  themselves  from  situations  which  en- 
danger their  health.  The  Directorate  of  Labor  Inspections  ensures  effective  compli- 
ance with  labor  legislation  and  standards. 


1212 
POLAND 

Poland  is  a  parliamentary  democracy  based  on  a  multiparty  political  system  and 
free  and  fair  elections.  The  President  shares  power  with  the  Prime  Minister,  the 
Council  of  Ministers,  and  the  bicameral  Parliament  (Senate  and  Sejm).  Poland  has 
held  two  presidential  and  three  parliamentary  elections  in  the  8  years  since  the  end 
of  communism.  For  much  of  the  year,  the  governing  coalition,  composed  of  the 
Democratic  Left  Alliance  (SLD),  a  successor  to  the  former  Communist  Party,  and 
the  Polish  Peasant  Party  (PSL),  a  successor  to  the  Peasant  Party  of  the  Communist 
era,  had  a  nearly  two-thirds  majority  in  both  houses  of  Parliament.  In  parliamen- 
tary elections  held  on  September  21,  Solidarity  Electoral  Action  (AWS) — a  broad  co- 
alition of  rightist,  center-right,  and  Christian-national  parties  anchored  by  the  Soli- 
darity trade  union — gained  33.9  percent  of  the  vote.  The  new  Government  is  a  two- 
party  coalition  composed  of  AWS  and  its  junior  partner,  the  centrist  Freedom  Union 
(UW).  The  judiciary  is  independent. 

The  internal  security  forces  and  armed  forces  are  subject  to  effective  civilian  con- 
trol by  the  Government.  Since  1996  the  civilian  Minister  of  Defense  has  clear  com- 
mand and  control  authority  over  the  military  chief  of  the  general  staff  as  well  as 
oversight  of  military  intelligence.  The  Government  continues  actively  to  reform  the 
military  to  prepare  for  full  membership  in  NATO. 

Poland  has  made  a  successful  transition  to  a  free  market  economy.  A  large  and 
growing  private  sector  and  increasing  exports  to  Western  Europe  have  helped  fuel 
a  6.1  percent  rate  of  growth  in  1996  and  an  estimated  6.3  percent  rate  oi  growth 
in  1997.  Inflation  at  the  end  of  the  year  (at  13.3  percent)  and  unemployment  (at 
10.6  percent)  remained  high  but  were  declining.  Since  1989  most  small-  and  me- 
dium-sized, state-owned  enterprises  have  been  privatized.  The  new  Government  has 
pledged  to  speed  the  long-delayed  privatization  of  many  of  the  largest  enterprises 
(e.g.,  the  telephone  company,  power  plants,  the  national  airline).  (Jenerous  social 
and  retirement  programs  place  an  enormous  strain  on  the  budget  and  impede  eco- 
nomic growth.  The  (jovemment  intends  to  implement  pension  reform  in  1999.  The 
fiscal  and  monetary  authorities  are  pursuing  more  restrictive  policies  to  deal  with 
a  growing  current  account  deficit  that,  if  left  unchecked,  could  create  the  risk  of  a 
financial  crisis. 

The  Government  generally  respected  the  human  rights  of  its  citizens,  but  there 
were  some  problems.  Prison  conditions  are  poor.  Lack  of  public  confidence  as  well 
as  a  cumbersome  legal  process  and  an  inadequate  budget  plague  the  court  system. 
Court  decisions  are  frequently  not  implemented,  particularly  those  of  the  adminis- 
trative courts,  and  simple  civil  cases  can  take  as  long  as  2  or  3  years.  Many  poorly 
paid  prosecutors  and  judges  left  public  service  for  more  lucrative  employment.  The 
threat  of  organized  crime  has  provoked  legislative  responses  that  could  pose  a 
threat  to  the  right  to  privacy.  Freedom  of  speech  and  the  press  were  subject  to  some 
minor  limitations.  Women  continue  to  experience  serious  discrimination  in  the  labor 
market  and  are  subject  to  various  legal  inequities  as  a  consequence  of  paternalistic 
laws.  Trafficking  in  women  is  a  growing  problem,  as  is  spousal  abuse,  and  there  is 
some  societal  discrimination  against  ethnic  minorities.  The  President  and  the  (jov- 
emment  have  worked  constructively  toward  resolving  issues  of  concern  to  the  Jew- 
ish community.  Although  the  right  to  organize  unions  and  bargain  collectively  was 
laively  observed,  some  employers  violated  worker  rights  provided  by  law,  particu- 
larly in  the  growing  private  sector. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

However,  in  March  an  off  duty  police  officer  in  Brodno,  a  suburb  of  Warsaw,  was 
arrested  in  connection  with  the  snooting  deaths  of  two  unarmed  civilians  and  the 
wounding  of  another  in  unclear  circumstances.  The  officer  was  suspended  from  the 
police  force  and  was  forced  to  undergo  psychiatric  evaluation  to  determine  his  abil- 
ity to  stand  trial.  He  was  indicted  on  murder  and  reckless  endangerment  charges 
in  December.  A  trial  date  had  not  been  set  by  year's  end.  In  May  the  regional  pros- 
ecutor in  Biala  Podlaska  opened  an  investigation  into  the  possible  murder  of  a  19- 
year-old  man  who  was  shot  during  police  questioning.  In  November  a  provincial 
court  in  Lublin  indicted  the  Lomazy  police  chief  in  the  case.  Three  additional 
Lomazy  police  officers  were  indicted  for  assault,  false  arrest,  and  failure  to  follow 
proper  police  procedure  in  connection  with  the  detention  and  beating  of  the  19-year- 
old  8  companion. 


1213 

In  November  a  Wroclaw  court  sentenced  two  police  officers,  one  to  7  years  in  pris- 
on and  the  other  to  4  years,  in  connection  witn  the  1995  murder  of  a  17-year-old 
boy  and  the  attempted  murder  of  another  man.  Both  were  shot  when  the  two  off- 
duty  officers,  intoxicated  and  angry  after  being  rejected  by  a  prostitute,  began  firing 
their  service  revolvers. 

In  March  two  police  officers  accused  in  the  1983  beating  death  of  high  school  stu- 
dent Grzegorz  Przemyk  were  convicted  and  sentenced  to  10  years  in  prison.  The  po- 
lice were  accused  of  covering  up  the  death  and  blaming  it  on  the  ambulance  drivers 
who  took  Przemyk  to  the  hospital.  Both  men  appealed  their  convictions.  A  third  po- 
lice officer,  accused  of  obstructing  the  investigation  by  hiding  documents,  was  sen- 
tenced to  3  years  in  prison. 

Trials  relating  to  extrajudicial  killings  during  the  Communist  period,  including 
the  deaths  of  striking  shipyard  workers  in  December  1970  and  the  deaths  and 
jailing  of  activists  after  the  1981  declaration  of  martial  law,  continued.  During  the 
IV2  years  of  martial  law,  approximately  25  citizens  died  in  clashes  between  stnking 
workers  and  riot  police,  and  the  government  jailed  without  trial  more  than  13,000 

Seople.  In  July  a  Gdansk  court  ruled  that  martial  law  architect  General  Wojciech 
aruzelski,  for  health  reasons,  would  not  have  to  stand  trial.  In  November,  after  a 
trial  that  lasted  nearly  4  years,  a  provincial  court  in  Katowice  acquitted  22  riot  po- 
lice of  murder  charges  stemming  from  the  same  incident,  citing  a  lack  of  evidence 
of  the  officers*  direct  involvement  in  the  miners'  deaths.  Public  reaction  was  gen- 
erally muted.  A  few  days  later,  the  Warsaw  Court  of  Appeals  set  aside  the  July 
1996  acquittal  of  former  Interior  Minister  General  Czeslaw  Kiszczak  for  his  role  in 
the  Wujek  mine's  pacification.  Kiszczak's  case  was  returned  to  the  regional  court  for 
retrial.  The  trial  of  five  former  senior  army  and  police  officers  charged  in  connection 
with  the  deaths  of  44  demonstrators  during  the  December  1970  riots  again  was 
postponed.  Although  proceedings  in  that  case  were  instituted  in  1995,  the  trial  has 
not  yet  begun  formally,  as  defendants  continue  to  produce  medical  statements  cer- 
tifying their  inability  to  appear  in  court.  The  trial  was  scheduled  to  resume  in  Janu- 
ary 1998. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Criminal  Code  prohibits  torture,  and  there  were  no  reported  incidents  of  it. 

Several  investigations  into  incidents  of  police  brutality  or  misconduct  are  ongoing. 
In  March  three  police  officers  in  Bbytom  were  arrested  and  charged  with  the  rape 
of  seven  underage  detainees,  ranging  in  age  from  11  to  17  years.  The  men  were  dis- 
charged from  the  police  force  and  put  in  prison  pending  trial.  In  October  two  of  the 
seven  victims  appeared  in  a  Katowice  provincial  court  to  testify.  Progress  in  the 
case  has  been  slowed,  however,  due  to  the  other  girls'  reluctance  to  testify.  At  year's 
end  the  trial  was  continuing. 

In  November  disciplinary  proceedings  were  started  against  18  riot  police  for  their 
participation  in  the  October  beating  of  soccer  fans  attending  a  match  in  the  town 
of  Gdynia.  By  year's  end,  three  of  the  officers  received  a  verbal  reprimand,  two  were 
declared  unfit  for  service  and  placed  on  probation,  one  resigned,  and  one  was  exon- 
erated. The  remaining  11  cases  were  still  pending.  The  officers'  activities,  which 
took  place  before,  during,  and  after  the  match,  both  at  the  stadium  and  at  a  nearby 
bar,  were  captured  on  videotajie.  The  Gdansk  prosecutor  launched  an  official  inves- 
tigation that  was  ongoing  at  year's  end. 

In  May  the  Independent  Union  of  Students  (NZS)  and  the  Federation  of  Fighting 
Youth  (FMW)  filed  a  complaint  with  the  regional  prosecutor's  office  against  Leszek 
Miller,  Minister  of  Internal  Affairs  and  Administration,  in  connection  with  violence 
that  broke  out  during  a  rally  organized  by  the  All-Poland  Trade  Union  Alliance 
(OPZZ).  The  authors  of  the  complaint  contend  that  Miller,  who  addressed  the  rally, 
"must  have  seen  and  heard"  participants  attack  two  young  people  and  journalists, 
but  did  nothing  to  stop  the  assault.  The  students  also  claim  that  the  police  "did  not 
intervene  and  failed  to  disperse  the  gathering."  An  investigation  is  pending. 

In  December  an  Olsztyn  court  granted  the  appeal  of  two  Szczytno  police  officers 
found  guilty  of  beating  two  men  detained  for  questioning  in  September  1996.  The 
case  was  returned  to  the  Szczytno  regional  court  for  retrial.  Four  policemen  in 
Legnica  province  were  acquitted  of  1995  charges  that  they  beat  underage  minors. 

In  July  the  Supreme  Court  ruled  that  the  law  did  not  permit  the  extradition  to 
China  of  Mr.  and  Mrs.  Mandugeqi,  a  Chinese  couple  accused  of  embezzling  approxi- 
mately $1  million.  The  Supreme  Court's  decision  overturned  the  March  verdict  of 
the  Warsaw  court  of  appeal,  which  had  stated  that  the  extradition  was  legal.  The 
Mandugeqis  were  apprehended  in  Warsaw's  Okecie  airport  on  the  basis  of  an  inter- 
national warrant  on  August  10,  1995.  The  first  court  tnat  ruled  on  the  case  denied 
the  extradition  case  filed  by  Chinese  authorities,  arguing  that  if  extradited,  the  cou- 


1214 

pie  might  be  subject  to  torture  and  other  inhuman  treatment  forbidden  under  inter- 
national conventions  protecting  human  rights  «md  basic  civil  liberties. 

In  May  Adam  Humer  filed  an  appeal  with  the  Warsaw  district  appellate  court 
against  his  March  1996  conviction  and  9-year  sentence  for  the  torture  of  prisoners 
when  he  was  a  security  service  interrogator  in  the  1950's. 

Prison  conditions,  although  rapidly  approaching  minimum  international  stand- 
ards, are  still  generally  poor,  according  to  reports  by  nongovernmental  organiza- 
tions. Some  facilities  are  old  and  in  disrepair,  and  many  experience  overcrowding. 
In  a  May  letter  to  the  Prime  Minister,  the  Ombudsman  for  Human  Rights  charged 
that  the  condition  of  many  detention  facilities  and  prisons  was  poor  and  rec- 
ommended that  several  dozen  be  closed  in  whole  or  in  part  for  renovation.  The  Om- 
budsman also  recommended  that  actions  be  taken  to  reduce  the  prison  population, 
including  the  decriminalization  of  certain  offenses,  such  as  failure  to  pay  alimony. 
He  pointed  out  that  Poland  had  a  very  poor  ratio  of  prisoners  to  rehabilitation  offi- 
cers and  complained  about  the  safety  of  prisons,  noting  that  inmates  were  often  the 
victims  of  violence  from  other  prisoners.  In  September  1996,  for  example,  an  18- 
year-old  mentally  retarded  boy  was  beaten  and  sodomized  by  fellow  inmates.  Those 
found  guilty  of  the  rape  were  convicted  and  sentenced  to  10  additional  years  in  pris- 
on. A  civil  trial  against  the  prison  administration  for  wrongful  neglect  was  pending. 
Attorneys  for  the  boy  asked  for  approximately  $30,000  (100,000  PLN)  in  damages. 

The  Government  permits  human  rights  monitors  to  visit  civilian  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention,  and  the  Government  observes  this  prohibition.  Courts  rather 
than  prosecutors  issue  arrest  warrants.  The  law  allows  a  48-hour  detention  period 
before  authorities  are  required  to  bring  a  defendant  before  a  court,  during  which 
access  to  a  lawyer  is  normally  denied.  Once  a  prosecutor  presents  the  legal  basis 
for  a  formal  investigation,  the  law  provides  for  access  to  counsel.  Detainees  may  be 
held  under  "temporary"  arrest  for  up  to  3  months  and  may  challenge  the  legality 
of  an  arrest  through  appeal  to  the  district  court.  A  court  may  extend  this  pretrial 
confinement  period  every  3  months  until  the  trial  date.  Bail  is  available,  and  human 
rights  organizations  report  that  most  detainees  are  released  on  bail  pending  trial. 

In  June  the  Sejm  adopted  a  new  Criminal  Code  and  Code  of  Criminal  Procedure. 
The  new  codes,  which  go  into  effect  on  September  1,  1998,  are  the  culmination  of 
an  8-year  effort  to  restructure  the  criminal  justice  system.  The  new  law  parallels 
provisions  of  the  new  Constitution  that  extend  the  48-hour  'Initial  arrest"  phase 
permitted  under  current  law  to  72  hours  and  provide  detainees  with  a  limited  right 
to  counsel.  In  this  regard,  arrestees  currently  may  meet  with  their  attorneys  only 
in  the  presence  of  arresting  authorities.  Under  the  new  Constitution,  the  right  to 
counsel  is  provided  for  at  all  stages  of  a  criminal  proceeding.  In  the  event  arrestees 
are  ordered  by  the  court  to  be  detained  pending  completion  of  an  investigation,  pros- 
ecutors may  monitor  all  contacts  between  detainees  and  their  counsel  during  the 
first  14  days  of  detention. 

In  December  the  editor-in-chief,  deputy  editor-in-chief,  and  publisher  of  the  week- 
ly news  magazine  Wprost  were  taken  from  their  homes  by  separate  police  teams 
and  questioned  for  several  hours  in  connection  with  embezzlement  charges.  They 
were  then  ordered  not  to  leave  the  country,  deprived  of  their  passports,  and  released 
on  approximately  $7,500  (25,000  PLN)  bail  pending  trial.  The  Polish  Press  Freedom 
monitoring  Center  criticized  the  journalists'  treatment  as  a  threat  to  press  freedom. 
The  three  men  denied  the  charges  and  described  the  detention  as  a  scandal  and  an 
instance  of  "Stalinist  prosecutorial  methods."  The  next  day,  the  Poznan  regional 
court  ruled  that  the  orders  to  detain  the  men  were  groundless  and  lifted  the  orders, 
forcing  the  return  of  their  passports  and  bail  money.  The  prosecutor  was  suspended. 
The  embezzlement  charges,  initiated  by  Wprost's  former  business  partner,  are  pend- 
ing. The  Helsinki  Foundation  for  Human  Rights  promised  to  monitor  the  prosecu- 
tors future  actions  in  the  case. 

The  Government  does  not  employ  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice. 

A  three-tier  court  system  consists  of  regional  and  provincial  courts  and  a  Siipreme 
Court,  which  is  divided  into  five  divisions:  military,  civil,  criminal,  labor,  and  family. 
Judges  are  nominated  by  the  National  Judicial  Council  and  appointed  by  the  Presi- 
dent. Judges  are  appointed  for  life  and  can  be  reassigned  but  not  dismissed,  except 
by  a  court  decision.  The  Constitutional  Tribunal  rules  on  the  constitutionality  of  leg- 
islation, but  its  decisions  may  be  overruled  by  a  two-thirds  majority  in  the  Sejm. 
The  new  Constitution,  approved  by  the  Sejm  in  April,  ratified  in  a  national  referen- 
dum in  May,  and  in  force  as  of  October  16,  renders  Constitutional  Tribunal  deci- 
sions final  and  binding,  effective  after  a  2-year  interim  period. 


1215 

The  courts  generally  provide  fair  trials,  and  there  is  no  evidence  of  significant  cor- 
ruption. However,  the  court  system  continues  to  be  plagued  by  a  cumbersome  legal 
process,  poor  administration,  and  an  inadequate  budget,  all  of  which  contribute  to 
a  lack  or  public  confidence.  Man^  effective  judges  and  prosecutors  have  left  public 
service  for  the  more  lucrative  pnvate  sector.  Court  decisions  are  frequently  not  im- 
plemented, particularly  those  of  administrative  courts.  Bailiffs  normally  ensure  the 
execution  of  civil  verdicts  such  as  damage  payments  and  evictions.  According  to 
some  observers,  however,  they  are  underpaid,  subject  to  intimidation  and  bribery, 
and  have  a  mixed  record  of  implementing  court  decisions.  Civil  and  administrative 
rulings  against  public  institutions  such  as  hospitals  often  cannot  be  enforced  due 
to  a  lack  of  ftintfe.  Simple  civil  cases  can  take  as  long  as  2  to  3  years  before  resolu- 
tion, and  the  pretrial  waiting  time  in  criminal  cases  can  be  several  months.  In  1996, 
the  latest  year  for  which  figures  are  available,  in  the  Warsaw  district  alone,  4,000 
cases  (approximately  15  percent  of  the  total  caseload)  were  pending  for  over  a  year 
without  even  an  initial  hearing.  The  backlog  and  the  costs  of  legal  action  seem  to 
deter  many  citizens  from  using  the  justice  system  at  all,  particularly  in  civil  matters 
such  as  divorce.  The  long  wait  for  routine  court  decisions  in  commercial  matters  is 
an  incentive  for  bribery  and  corruption. 

In  August  the  European  Court  of  Human  Rights  took  up  the  first  complaint 
lodged  by  a  Polish  citizen  regarding  protracted  court  proceedings.  The  plaintiff,  a 
70-year-old  woman  from  Stalowa  Wola,  was  assaulted  oy  her  neighbor  in  1988.  In 
1990  a  court  found  him  guilty.  The  woman  subsequently  filed  a  civil  suit  in  connec- 
tion with  the  attack.  A  verdict  was  issued  in  1996,  and  the  interest  accrued  from 
1988  was  awarded,  6  years  after  the  complaint  was  filed.  The  plaintiff  claimed  that 
the  6-year  wait  for  the  verdict  violated  the  European  human  rights  convention 
signed  by  Poland  in  1991,  which  assures  citizens  the  right  to  a  just  and  public  con- 
sideration of  their  case  in  "reasonable  time."  The  European  Court  ruled  against  the 
plaintiff  on  December  16  on  the  grounds  that  the  plaintiff  herself  was  partly  to 
blame  for  the  procrastination. 

All  defendants  are  presumed  innocent  until  proven  guilty.  At  the  end  of  a  trial 
the  court  renders  its  decision  orally  and  then  has  7  days  to  prepare  a  written  deci- 
sion. A  defendant  has  the  right  to  appeal  within  14  days  of  the  written  decision. 
Appeals  may  be  made  on  the  basis  of  new  evidence  or  procedural  irregularities. 

Criminal  cases  are  tried  in  regional  and  provincial  courts  by  a  panel  consisting 
of  a  professional  judge  and  two  lay  assessors.  The  seriousness  of  the  offense  deter- 
mines which  is  the  court  of  first  instance.  Once  formal  charges  are  filed,  the  defend- 
ant is  allowed  to  study  the  charges  and  consult  with  an  attorney,  who  is  provided 
at  public  expense  if  necessary.  Once  the  defendant  is  prepared,  a  trial  date  is  set. 
Defendants  are  required  to  be  present  during  trial  and  may  present  evidence  and 
confront  witnesses  in  their  own  defense.  Since  1995  prosecutors  have  had  the  au- 
thority to  grant  witnesses  anonymity  at  trial  if  they  express  fear  of  retribution  from 
the  defendant.  This  law,  designed  to  help  combat  organized  crime,  seriously  impairs 
defendants'  right  to  confront  their  accusers.  In  1996  reforms  were  made  that  provide 
for  a  two-level  appeal  process  in  most  civil  and  criminal  matters;  previously,  citizens 
enjoyed  access  only  to  a  one-step  appeal  process. 

Trials  are  normally  public.  Tne  courts,  however,  reserve  the  right  to  close  a  trial 
to  the  public  in  some  circumstances,  such  as  divorce  cases,  trials  in  which  state  se- 
crets may  be  disclosed,  or  cases  whose  content  might  offend  "public  morality."  The 
courts  rarely  invoke  this  prerogative. 

In  1996  the  Sejm  accepted  a  select  committee  report  concluding  that  the  intel- 
ligence services  may  have  acted  illegally  in  gathering  evidence  in  the  investigation 
of  former  premier  Jozef  Oleksy.  The  report  recommended  that  these  findings  be 
passed  to  the  prosecutor's  office,  which  would  decide  whether  to  investigate  the  in- 
telligence officers  involved  in  the  case.  Although  the  office  of  the  Speaker  of  the 
Sejm  ofiicially  passed  the  findings  to  the  Warsaw  prosecutor  in  January,  the  pros- 
ecutor decided  not  to  pursue  criminal  investigations  against  the  officers  involved. 
Sejm  deputies  also  collected  the  number  of  signatures  necessary  to  eventually 
launch  state  tribunal  proceedings  against  former  interior  minister  Andrzej 
Milczanowski  for  his  role  in  the  case.  The  signatures  were  passed  to  the  Sejm  com- 
mittee for  constitutional  responsibility  for  further  action;  however,  no  additional  ac- 
tion occurred  by  year's  end. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy.  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  right  to  privacy  of  correspondence.  There  is  no  legisla- 
tion that  provides  for  the  general  right  to  privacy.  In  response  to  the  growing  threat 
of  organized  crime  and  money  laundering.  Parliament  has  permitted  the  police  and 
intelligence  services  to  monitor  private  correspondence  and  to  use  wiretaps  and  elec- 
tronic monitoring  devices  in  cases  involving  a  serious  crime,  narcotics,  money  laun- 


1216 

dering,  or  illegal  arms  sales.  The  Minister  of  Justice  and  the  Minister  of  Interior, 
both  political  appointees,  must  authorize  these  investigative  methods.  In  emergency 
cases,  the  police  may  initiate  an  investigation  that  utuizes  wiretaps  or  the  opening 
of  private  correspondence  at  the  same  time  that  they  seek  permission  from  the  min- 
isters. 

Parliamentarians  and  human  rights  groups  have  expressed  concern  about  the  lack 
of  control  over  this  type  of  surveillance.  There  is  no  mdependent  Judicial  review  of 
surveillance  activities,  nor  is  there  any  control  over  how  the  information  derived 
from  these  investigations  is  used.  A  growing  number  of  agencies  have  access  to 
wiretap  information,  and  a  recent  law  allows  electronic  surveillance  to  be  used  for 
the  prevention  of  crime  as  well  as  for  investigative  purposes.  In  the  first  half  of 
1996,  the  latest  period  for  which  statistics  are  available,  tne  Justice  Minister  agreed 
to  the  surveillance  of  727  individuals.  Also  in  1996,  the  Minister  of  Interior  con- 
firmed that  Office  of  State  Protection  (UOP)  intelligence  employees  pose  as  post  and 
telecommunications  employees. 

In  September  the  special  Sejm  Committee  on  Security  Services  announced  that 
the  UOP  "may  have"  acted  illegallv  against  rightwing  politicians  in  1993,  adding 
that  only  an  independent  court  could  rule  if  the  law  was  violated  at  that  time.  The 
Committee  made  the  announcement  after  examining  documents  submitted  by  UOP 
head  Andrzej  Kapkowski.  Investigations  were  launched  when  Minister  for  Special 
Services  Zbigniew  Siemiatkowski  alleged  that  the  UOP  carried  out  illegal  activities 
in  the  spring  of  1993,  including  the  forging  of  documents,  in  order  to  discredit  right- 
wing  parliamentaiy  candidates.  Siemiatkowski  also  alleged  that  these  activities 
were  conducted  with  the  knowledge  of  then  Internal  Affairs  Minister  Andrezej 
Milczanowski  and  then  UOP  head  Je'rzy  Konieczny.  Both  Milczanowski  and 
Konieczny  have  denied  the  accusations.  Siemiatkowski  then  turned  the  case  over  to 
the  prosecutor's  office  for  further  investigation.  The  Warsaw  prosecutor's  office  offi- 
cially opened  proceedings  against  five  UOP  officers  in  October. 

The  law  fonbids  arbitrary  forced  entry  into  homes.  Search  warrants  issued  by  a 
prosecutor  are  required  in  order  to  enter  private  residences.  In  emergency  cases, 
when  a  prosecutor  is  not  immediately  available,  police  may  enter  a  residence  with 
the  approval  of  the  local  police  commander.  In  the  most  urgent  cases,  in  which  there 
is  no  time  to  consult  with  the  police  commander,  police  may  enter  a  private  resi- 
dence after  showing  their  official  identification.  There  were  no  reports  that  police 
abused  search  warrant  procedures. 

The  Ombudsman  for  Human  Rk;hts  advocates  reform  of  the  rules  governing  how 
citizens  are  registered  in  their  ofiicial  places  of  residence.  Current  law  requires  aU 
adults  to  be  officially  registered  at  a  given  address  and  allows  them  access  to  public 
services  established  in  that  locality.  However,  the  law  also  permits  property  owners 
to  "unregister"  tenants  from  rented  residences,  effectively  cutting  citizens  off  from 
public  services  if  they  cannot  immediately  find  another  landlord  willing  to  let  them 
register. 

A  new  law  compelling  political  leaders  to  reveal  past  collaboration  with  Com- 
munist era  secret  police — the  so-called  "lustrada"  or  vetting/lustration  law — took  ef- 
fect in  August.  The  law  requires  candidates  for  hidi  government  ofiice,  including 
those  for  President,  the  Sejm,  the  Senate,  Prime  Minister,  or  other  ofiice  that  re- 
quires nomination  by  the  President  or  Prime  Minister,  to  sign  a  declaration  stating 
whether  or  not  they  cooperated  with  Poland's  secret  services  at  any  time  between 
1944  and  1990.  Although  the  law  does  not  provide  for  the  punishment  of  those  who 
admit  to  having  collaborated,  any  Sejm  or  Senate  candidate  found  to  have  lied  in 
his  or  her  declaration  is  to  be  removed  from  office.  Any  other  government  official 
found  to  have  made  false  statements  is  to  be  excluded  from  public  office  for  10 
years.  The  attempt  to  establish  the  special  vetting  court  called  for  in  the  legislation 
leiiled,  however,  when  only  20  candidates  could  oe  found  for  the  21  seats  on  the 
court.  The  vetting/lustration  law  is  expected  to  be  amended. 

In  December  the  Sejm  passed  a  draft  law  requiring  similar  vetting/lustration  of 


i'udges.  The  law  envisages  the  possible  removal  from  service  of  judges  proven  to 
lave  violated  judicial  independence  by  issuing  unjust  verdicts  between  1944  and 
1989  at  the  request  of  the  Communist  authorities.  Disciplinary  proceedings  against 
the  judges  in  question  could  be  initiated  by  the  Minister  of  Justice,  the  presidents 
of  the  appellate  or  regional  courts,  the  National  Judiciary  Council,  or  individuals 
who  feel  wronged  by  court  verdicts.  The  draft  law  awaits  Senate  consideration. 

Men  are  not  permitted  to  marry  until  the  age  of  21,  whereas  women  may  marry 
at  the  age  of  18  (see  Section  5). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  the  Government  generally  respects  this  right.  The  press  is  lively 


1217 

and  independent.  However,  there  are  some  marginal  restrictions  in  law  and  prac- 
tice. 

The  print  media  are  uncensored  and  independent,  although  they  may  be  subject 
to  prosecution  under  the  provisions  of  the  Penal  Code. 

"file  Penal  Code  states  that  acts  that  "publicly  insult,  ridicule,  and  deride  the  Pol- 
ish nation,  the  Polish  Republic,  its  political  system,  or  its  principal  organs  are  pun- 
ishable by  between  6  months  and  8  years  of  imprisonment."  The  code  calls  for  a 
prison  term  of  up  to  10  years  for  a  person  who  commits  any  of  the  prohibited  acts 
in  print  or  through  the  mass  media.  In  1995  presidential  candidate  Leszek  Bubel 
was  charged  with  violating  this  law,  and  his  ctise  remains  before  a  judge.  Bubel 
claimed  on  a  radio  program  that  when  he  served  as  deputy  prosecutor  general,  a 
former  head  of  the  presidential  Chancellery  protected  a  group  of  criminals.  The 
Gdansk  prosecutor  announced  an  investigation  into  1996  remarks  by  talk  show  host 
Wojciech  Cejrowski,  who  is  alleged  to  have  publicly  insulted  president  Kwasniewski. 
The  case  is  still  pending  before  a  judge.  In  September  President  Kwasniewski  filed 
a  private  lawsuit  against  the  Zycie  and  Dziennik  Baltycki  newspapers,  which  ac- 
cused him  of  contacts  with  Russian  spy  Vladimir  Alganov  during  ms  1994  vacations. 
Although  Kwasniewski  withdrew  the  suit  against  Dziennik  Baltycki  when  its  editor- 
in-chief  retracted  the  newspaper's  charges,  the  suit  against  Zycie  is  still  pending. 
Kwasniewski  claims  that  Zycie's  articles  violated  his  good  name  and  demands  that 
the  newspaper  apologize  to  him  and  pay  approximately  $76,000  (2.5  million  PLN) 
for  flood  victims.  Zycie  denies  that  the  law  nas  been  violated  and  maintains  that 
its  journalists  acted  in  the  public  interest. 

In  November  the  Torun  regional  prosecutor  issued  an  order  for  controversial 
Catholic  radio  priest  Father  Tadeusz  Rydzyk  to  be  brought  to  the  office  by  force. 
Rydzyk,  the  prosecutor  charged,  ignored  five  sets  of  summonses  to  appear  for  ques- 
tioning for  offending  supreme  state  bodies.  The  prosecutor's  office  carried  out  an  in- 
vestigation of  Rydzyk  at  the  request  of  a  group  of  Parliamentarians  who  voted  for 
the  liberalization  of  the  abortion  law.  The  parliamentarians  were  offended  when 
they  were  compared  on  the  air  to  criminals  who  collaborated  with  the  Nazis  during 
World  War  11.  Father  Rydzyk  eventually  presented  himself  at  the  prosecutor's  office 
on  his  own  initiative.  An  investigation  of  Rydzyk,  who  currently  faces  the  lesser 
charge  of  insulting  public  functionaries,  was  ongoing  at  year's  end. 

The  Penal  Code  provides  for  punishment  of  anyone  who  uses  print  or  other  mass 
media  to  "advocate  discord"  on  national,  ethnic,  racial,  or  religious  grounds.  The  In- 
vestigation continues  in  the  case  of  Mikolaj  Siwicki,  a  Warsaw  pensioner.  In  1996 
the  Warsaw  prosecutor's  office  brou^t  charges  against  Siwicki  lor  publication  of  a 
hate-mongering  book,  which,  the  prosecutor  charged,  "could  seriously  damage  the 
interests  of  the  Polish  Republic  in  international  affairs."  The  book  allegedly  con- 
dones crimes  committed  by  Poles  during  the  World  War  II,  makes  historically  dubi- 
ous claims  about  Polish  crimes  against  the  Ukrainian  nation,  and  calls  for  lands  in 
southeastern  Poland  to  be  given  to  Ukraine. 

The  Penal  Code  also  stipulates  that  offending  religious  sentiment  through  public 
speech  is  punishable  by  a  fine  or  a  2-year  prison  term.  In  1995  a  provincial  court 
charged  presidential  candidate  Leszek  Bubel  with  violating  this  article  by  publish- 
ing a  pamphlet  containing  anti-Semitic  humor.  A  verdict  was  pending  at  year's  end. 
In  July  Ryszard  Bender  filed  a  complaint  against  Jerzy  Urban,  editor-in-chief  of  the 
leftist  tabloid  Nie,  for  insulting  the  Pope  during  his  visit.  The  complaint  stemmed 
from  a  Nie  article  entitled  "We  welcome  Brezhnev  of  the  Holy  See."  Bender  claimed 
that  associating  the  Pope  with  Leonid  Brezhnev  was  offensive.  The  prosecutor  even- 
tually decided  not  to  pursue  the  case.  Catholic  organizations  also  have  used  the  pro- 
vision. In  December  Tadeusz  Rydzyk  and  All-Polish  Youth  director  Roman  Giertych, 
both  acting  on  behalf  of  the  Council  for  the  Coordination  of  the  Defense  of  the  Dig- 
nity of  Poland  and  Poles,  filed  charges  against  the  leftist  daily  Trybuna  for  insulting 
the  Pope  in  one  of  its  November  articles.  Rydzyk  and  Giertych  were  particularly  of- 
fended by  the  characterization  of  the  Pope  as  a  "boorish  vicar,"  by  the  reference  to 
one  of  his  statements  as  "dirty  and  mumbling,"  and  by  the  suggestion  that  he  used 
his  position  to  make  slanderous  statements.  According  to  one  press  report,  the  news- 
paper's editor-in-chief  already  apologized  for  the  article  twice.  The  Ministry  of  Jus- 
tice is  conducting  an  investigation. 

The  State  Secrets  Act  allows  for  prosecution  of  private  citizens  who  have  pub- 
lished or  otherwise  betrayed  state  secrets.  Human  rights  groups  have  criticized  this 
law,  since  it  restricts  the  right  of  free  speech  of  private  citizens  who  have  not  sworn 
freely  to  uphold  state  secrets. 

In  1995  the  Supreme  Court  ruled  that  a  prosecutor  or  a  judge,  in  the  context  of 
a  criminal  trial,  may  order  a  journalist  to  divulge  the  name  of  a  source.  The  penalty 
for  noncompliance  is  a  fine  of  approximately  $2,000  (5,000  PLN)  and  1  month  in 
jail.   In  January  a  case   was  brought  against  Gazeta  Wyborcza  journalist  Jerzy 


1218 

Jachowicz  for  refusing  to  reveal  a  source  who  had  given  him  secret  court  informa- 
tion regarding  the  Oleksy  affair.  Similar  charges  were  brought  against  Aleksander 
Checko  and  Karol  Malcuzynski — then  editors  of  the  Zycie  Warszawy — in  March. 
Their  case  has  since  been  dismissed.  A  new  Criminal  Code  scheduled  to  take  effect 
on  September  1,  1998,  however,  regulates  the  protection  of  journalistic  sources.  The 
new  code  grants  news  sources  absolute  protection,  except  in  cases  involving  national 
security,  murder,  and  terrorist  acts.  Pursuant  to  the  law,  statutory  provisions  are 
applied,  retroactively  if  their  terms  are  beneficial  to  the  accused.  Journalists  who  re- 
fused to  divulge  sources  prior  to  the  new  code's  enactment  can  avoid  sanctions  by 
invoking  "journalistic  privilege"  after  the  new  code's  entry  into  force. 

TTiere  is  no  restriction  on  the  establishment  of  private  newspapers  or  distribution 
of  journals;  private  newspapers  and  magazines  flourish.  While  RUCH,  tlie  national 
network  of  newspaper  kiosks,  remains  in  state  hands,  there  is  no  evidence  that  the 
Government  has  used  its  control  over  distribution  to  suppress  any  publications. 
Progress  on  government  plans  to  privatize  the  company  in  1996  slowed  when  the 
bidmng  process  was  reopened  after  having  reached  near  completion.  A  civil  suit  ini- 
tiated by  the  original  winner  of  the  bidding  process  was  pending  at  year's  end. 

The  National  Kadio  and  Television  Broadcasting  Council  (KKRiTV)  has  broad  in- 
terpretive powers  in  monitoring  and  regulating  pro^amming  on  public  radio  and 
television,  allocating  broadcasting  frequencies  and  licenses,  and  apportioning  sub- 
scription revenues.  In  order  to  encourage  the  KRRiTV'S  apolitical  character,  the 
nine  KRRiTV  members  are  legally  obliged  to  suspend  any  membership  in  political 
parties  or  public  associations.  They  are,  however,  chosen  for  their  political  alle- 
giances and  nominated  by  the  Sejm,  the  Senate,  and  the  President  following  politi- 
cal bargaining,  raising  serious  questions  about  the  independence  of  broadcasting 
oversight  from  political  influence.  In  April,  for  example,  SLD  party  member  Adam 
Halber  was  elected  to  the  council.  Five  of  the  KRRiTV'S  nine  members  now  have 
political  ties  to  either  the  SLD  or  the  PSL. 

The  broadcasting  law  stipulates  that  programs  should  not  promote  activities  that 
are  illegal  or  against  state  policy,  morality,  or  the  common  good.  The  law  also  re- 
quires that  all  broadcasts  "respect  the  religious  feelings  of  the  audiences  and  in  par- 
ticular respect  the  Christian  system  of  values."  The  law,  however,  does  not  fully  de- 
fine the  term  "Christian  values."  The  Constitutional  Tribunal  has  confirmed  the 
constitutionality  of  this  provision.  Since  the  KRRiTV  has  the  ultimate  responsibility 
for  supervising  the  content  of  programs,  these  restrictions  could  be  used  as  a  means 
of  censorship  if  enforced,  but  they  were  not  in  1997.  The  penalty  for  violating  this 
provision  of  the  law  is  a  fine  of  up  to  50  percent  of  the  annual  fee  for  the  trans- 
mission frequency  or  suspension  of  the  broadcaster's  license. 

Private  television  broadcasters  operate  on  frequencies  selected  by  the  Ministry  of 
Communications  and  auctioned  by  the  KRRiTV.  The  first  auction  in  1994  gave 
Polsat  Corporation  and  some  smaller  local  and  religious  stations  licenses  to  broad- 
cast. In  February  additional  licenses  were  m-antea  to  TVN  and  Nasza  Telewizja. 
TVN  began  broadcasting  in  October  while  Nasza  Telewizja  is  expected  to  begin 
transmissions  in  January  1998.  Private  radio  flourishes  on  the  local,  regional,  and 
national  levels  alongside  public  radio.  A  new  radio  station,  Radio  Trefl,  began  broad- 
casting in  September. 

The  Government  owns  the  two  largest  television  channels  and  many  local  sta- 
tions, as  well  as  five  national  radio  networks.  PAP,  the  national  wire  service,  was 
partially  privatized  in  December.  Former  Reuters  journalist  Robert  Bogdanski  heads 
a  five-member  supervisory  board  that  has  2  years  in  which  to  prepare  the  service 
for  full  privatization.  Although  public  television  remains  the  largest  source  of  news 
and  information,  satellite  television  and  private  cable  services  (domestic  and  for- 
eign) are  widely  available.  Cable  services  carry  the  main  public  channels,  Polsat, 
local  and  regional  stations,  and  a  variety  of  foreign  stations. 

The  law  on  radio  and  television  requires  public  television  to  provide  direct  media 
access  to  the  main  state  organs,  including  the  presidency,  "to  make  presentations 
or  explanations  of  public  policy."  The  Government  sometimes  complains  of  a  lack  of 
attention  to  its  point  of  view,  particularly  that  of  the  President  and  Prime  Minister, 
but  there  is  a  history  of  charge  and  counter-charge.  Both  public  and  private  radio 
and  television  provide  coverage  of  all  ranges  of  political  opinion.  Nevertheless,  politi- 
cal patronage  in  filling  key  positions  continues  to  threaten  the  professional  credibil- 
ity of  public  television,  still  the  most  influential  broadcast  media. 

Government  or  partisan  efforts  to  exert  influence  in  public  television  were  gen- 
erally more  indirect:  it  is  unclear  what  the  effect,  if  any,  has  been  on  programming. 
In  March,  for  example,  Jacek  Bochenek,  then  Television  Information  Agency  (TAI) 
programming  chair,  transferred  under  pressure  to  a  correspondent  position  in  Brus- 
sels. The  head  of  the  main  television  news  program  also  acquiesced  to  a  lateral 
move,    although    his    replacement    is    regarded    as    a    neutral    professional.    The 


1219 

KRRiTVS  August  7  election  of  new  supervisory  boards  for  public  radio  (PR)  and 
public  television  (TVP),  intermediary  booies  between  the  KRRiTV  and  the  respective 
managing  boards,  was  clearly  political.  Seven  of  the  nine  positions  on  both  boards 
are  now  occupied  by  persons  from  either  the  SLD  or  the  PSL.  The  remaining  two 
members  of  tne  TVP  supervisory  board,  Marek  Zdrojewski  of  the  Solidarity  Elec- 
toral Action  (AWS)  and  Woiciech  Marczewski  of  the  Freedom  Union  (UW),  resigned 
their  positions  in  protest.  They  were  replaced  in  November  by  Lech  Jaworski,  sup- 
portea  by  the  right,  and  Marcin  Krzyzanowski,  supported  by  the  Freedom  Union 
(UW).  The  final  composition  of  the  new  boards  led  KRRiTV  chairman  Boleslaw 
Sulik  to  declare  August  7  a  "black  day"  for  the  public  media  in  Poland. 

Evidence  of  overt  political  tampering  in  public  broadcasting  remains  scarce,  and 
watchdog  organizations  are  alert  to  expose  quickly  any  such  tampering.  There  was 
one  incident  in  which  the  CJovemment  sought  to  influence  media  reporting.  In 
March  government  press  spokeswoman  Aleksandra  Jakubowska  accused  public  tele- 
vision's news  desk  of  manipulating  its  coverage  of  a  protest  by  Solidarity  members 
that  had  occurred  at  the  Treasury  Ministry  building  days  before.  The  incident  was 
filmed  by  the  police,  but  public  television  cameramen  were  not  allowed  to  enter  the 
building.  The  day  after  the  event,  the  government  press  office  supplied  a  6-minute 
videocassette  with  police  footage  to  both  public  television  and  a  private  station.  Pub- 
lic television  broadcast  the  tape,  but  edited  out  several  minutes  from  its  broadcast. 
Jakubowska  complained  of  "deliberate  misinformation  of  the  public  by  showing  a 
distorted  picture  of  the  developments."  Jacek  Snopkiewicz,  the  recently  appointed 
head  of  TvP  news,  countered  that  the  6-minute  tape  itself  presented  a  distorted 
view  of  the  events  and  accused  Jakubowska  of  attempting  to  exert  pressure  on  pub- 
lic media. 

Books  expressing  a  wide  range  of  political  and  social  viewpoints  are  widely  avail- 
able, as  are  foreign  periodicals  and  other  publications  from  abroad. 

In  August  billboards  that  carried  the  message  "Stay  cool.  It's  O.K.  Condoms  pre- 
vent AIDS"  were  taken  down  in  several  towns  and  small  cities  throughout  the  coun- 
try under  public  pressure.  The  billboards,  which  were  intended  as  a  public  service 
campaign  against  AIDS,  pictured  a  black  and  white  drawing  of  a  man's  hand  in  tiie 
"thumbs  up  position.  The  man's  up-stretched  thumb  sported  a  bright  pink  condom. 
Those  objecting  to  the  advertisements  purported  to  do  so  on  scientific  grounds, 
claiming  that  the  advertisement  suggested  that  condoms  were  a  sure  way  to  prevent 
AIDS  when  studies  have  shown  that  they  are  not  100  percent  reliable.  In  March 
complaints  were  filed  with  both  the  Warsaw  prosecutor's  and  the  Krakow  prosecu- 
tor's offices  in  connection  with  a  billboard  advertising  the  American  film  "The  Peo- 
ple vs.  Larry  Flynt."  The  complaints  argued  that  the  billboards  offended  religious 
sentiment.  The  advertisement  pictured  a  drawing  of  a  man,  his  arms  and  legs  out- 
stretched in  a  crucifixion  position,  superimposed  on  a  larger  drawing  of  a  woman's 
lower  half.  The  Krakow  prosecutor  is  pursuing  an  investigation. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  freedom 
of  assembly,  and  the  (jovemment  generally  respects  this  right  in  practice.  Permits 
are  not  necessary  for  public  meetings  but  are  required  for  public  demonstrations; 
demonstration  oi^anizers  must  obtain  these  permits  from  local  authorities  if  the 
demonstration  might  block  a  public  road.  For  large  demonstrations,  organizers  are 
also  reqpiired  to  inform  the  local  police  of  the  time  and  place  of  their  activities  and 
their  planned  route.  Every  gathering  must  have  a  chairman  who  is  required  to  open 
the  demonstration,  preside  over  it,  and  close  it. 

In  March  city  authorities  for  the  first  time  in  years  denied  the  Solidarity  trade 
union  permission  to  demonstrate  along  a  central  thoroughfare  traditionally  used  for 
labor  protests.  Marchers  determined  to  proceed  along  their  usual  demonstration 
route  then  clashed  with  police  cordons  that  blocked  the  way. 

The  law  provides  for  freedom  of  association,  and  the  Government  generally  re- 
spects this  right  in  practice.  Private  associations  need  governmental  approval  to  or- 
ganize and  must  register  with  their  district  court.  Tlie  procedure  essentially  re- 
quires the  organization  to  sign  a  declaration  to  abide  by  tne  law.  In  practice,  how- 
ever, the  procedure  itself  is  complicated  and  may  be  subject  to  the  discretion  of  the 
judge  in  charge. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
(jrovemment  respects  this  right  in  practice.  Citizens  enjoy  the  freedom  to  practice 
any  faith  they  choose.  Religious  groups  may  organize,  select  and  train  personnel,  so- 
licit and  receive  contributions,  publisn,  and  engage  in  consultations  without  govern- 
ment interference.  There  are  no  government  restrictions  on  establishing  and  main- 
taining places  of  worship.  More  than  95  percent  of  Poles  are  Roman  (Jatholic,  but 
Eastern  Orthodox,  Greek  Catholic,  and  much  smaller  Protestant,  Jewish,  and  Mus- 
lim congregations  meet  freely.  Although  the  Constitution  provides  for  the  separation 


1220 

of  church  and  state,  state-run  radio  broadcasts  Catholic  mass  on  Sundays.  The 
Catholic  Church  is  authorized  to  relicense  radio  and  television  stations  to  operate 
on  frequencies  assigned  to  the  Church,  the  only  body  outside  the  KRRiTV  allowed 
to  do  so. 

The  Ombudsman  continued  his  investigation  into  the  human  ri^ts  implications 
of  the  "Soldier's  Prayer  Book,"  a  1995  book  authored  by  General  Kazimierz 
Tomaszewski,  chief  of  the  Warsaw  Military  District.  The  book  states  that  members 
of  a  special  honor  guard  who  do  not  take  part  in  military  mass  are  considered  to 
be  disobeying  orders.  While  this  publication  does  not  constitute  law,  it  bears  the 
same  weight. 

Although  the  new  Constitution  gives  parents  the  right  to  bring  up  their  children 
in  compliance  with  their  own  religious  and  philosophical  beliefs,  religious  education 
classes  continue  to  be  taught  in  the  public  schools  at  public  expense.  While  children 
are  supposed  to  have  the  choice  between  religious  instruction  and  ethics,  the  Om- 
budsman's oflice  states  that  in  most  schools  ethics  courses  are  not  offered  due  to 
financial  constraints.  Although  Catholic  Church  representatives  teach  the  vast  ma- 
jority of  religious  classes  in  the  schools,  parents  can  request  religious  classes  in  any 
of  the  religions  legally  registered,  including  Protestant,  Orthodox,  and  Jewish  reli- 
gious instruction.  Such  non-Catholic  religious  instruction  exists  in  practice,  and  the 
instructors  are  paid  by  the  Ministry  of  Education.  The  joint  State-Episcopate  Com- 
mission announced  in  1996  that  priests  would  receive  salaries  from  the  state  budget 
for  teaching  religion  in  public  schools;  payment  of  such  salaries  began  in  September. 
Church  representatives  are  included  on  a  commission  that  determines  whether 
books  qualify  for  school  use. 

A  government-proposed  resolution  on  ratification  of  the  Concordat,  a  treaty  regu- 
lating relations  between  the  Government  and  the  Vatican  signed  in  1993,  as  well 
as  a  number  of  Concordat-related  bills,  remained  under  consideration  in  the  Sejm 
at  year's  end.  Critics  of  the  Concordat  have  called  for  legislation  requiring  the 
Church  to  register  all  church  marriages  with  civil  authorities  and  forbidding  the 
church  from  denying  burial  to  non-Catholics  in  cemeteries  that  it  controls. 

In  August  the  Senate  rejected  an  amendment  to  the  Law  on  Education  that 
banned  grades  in  religion  from  appearing  on  school  report  cards.  Proponents  of  the 
amendment  argued  that  knowledge  of  a  student's  attendance  or  lack  of  attendance 
in  religion  courses  could  be  cause  for  discrimination  when  a  graduate  applied  to  a 
university  or  undertakes  employment.  The  bill,  which  also  limited  religious  instruc- 
tion in  kindergartens,  was  returned  to  the  Sejm  for  further  action. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^Although  the  Constitution  does  not  address  freedom  of  movement,  the 
Government  does  not  restrict  internal  or  foreign  travel.  Citizens  who  leave  Poland 
have  no  trouble  returning.  There  are  no  restrictions  on  emigration. 

The  Government  generally  cooperates  with  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. There  are  no  reports  of  forced  repatriation  of  those  having  a  valid  claim  to 
refugee  status.  Foreigners  recognized  as  refugees  under  the  1951  U.N.  Convention 
Relating  to  the  Status  of  Refugees  are  granted  full  refugee  status  and  permission 
to  remain  permanently.  According  to  UNHCR  figures,  approximately  2,900  individ- 
uals applied  for  refugee  status  during  the  first  three  quarters  of  1997.  Of  the  4,000 
applications  awaiting  decision  (including  the  1,100  applications  carried  over  from 
1996),  121  were  approved  and  404  were  denied,  while  2,349  were  discontinued  due 
to  the  applicant's  failure  to  appear  for  a  hearing.  The  remaining  cases  are  pending. 

In  September  the  President  signed  a  new  law  on  immigration,  which  human 
rights  organizations  generally  view  as  a  positive  development.  Initiated  2  years  ago, 
the  new  law  gives  all  prospective  refugees  access  to  a  procedure  for  adjudicating  ref- 
ugee status  and  establishes  an  independent  council  to  which  prospective  refugees 
can  appeal  negative  status  decisions  by  the  Ministry  of  Internal  Affairs.  The  law 
does  not  recognize  the  concept  of  first  asylum  or  any  other  form  of  temporary  protec- 
tion. 

Although  some  observers  have  criticized  the  authorities  for  using  deportation  cen- 
ters in  lieu  of  refugee  centers  (when  the  latter  are  full),  as  well  as  for  long  delays 
in  the  initial  review  of  refugee  status  applications,  the  Government  cites  a  lack  of 
resources  as  a  major  cause  of  the  problems.  Deputy  Minister  of  Internal  Affairs 
Katarzyna  Piekarska  admitted  in  April  that  the  time  taken  to  review  refugee  status 
applications  was  too  long.  She  noted,  however,  that  only  nine  people  were  reviewing 
several  thousand  applications. 


1221 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  and  ability  to  change  their  government  peacefully.  This 
right  is  provided  for  in  the  Constitution  and  exists  in  practice.  Poland  is  a 
multiparty  democracy  in  which  all  citizens  18  years  of  age  and  older  have  the  right 
to  vote  and  to  cast  secret  ballots. 

Executive  power  is  divided  between  the  President  and  a  government  chosen  by 
the  Sejm,  or  lower  house  of  Parliament.  There  is  also  an  upper  house  (the  Senate). 
The  Constitution  provides  for  parliamentary  elections  at  least  every  4  years.  The 
President,  elected  for  5  years,  has  the  right  to  dissolve  Parliament  following  a  vote 
of  no  confidence  or  when  Parliament  fails  to  pass  a  budget  within  3  months  after 
the  government  submits  it.  Parliament  may  impeach  the  President.  The  electoral 
law  exempts  ethnic  minority  parties  from  the  requirement  to  win  5  percent  of  the 
vote  nationwide  in  order  to  qualify  for  seats  in  individual  districts. 

A  permanent,  democratic  Constitution  was  passed  by  the  Sejm  in  April  and  ap- 
proved in  a  nationwide  referendum  on  May  25.  The  new  document  came  into  force 
on  October  16.  The  interim  Constitution  consisted  of  the  "Small  Constitution"  of 
1992,  governing  the  structure  of  government,  and  several  sections  of  the  1952  Com- 
munist-era Constitution,  including  a  Bill  of  Rights.  The  latter  includes  so-called  eco- 
nomic rights. 

Women  are  underrepresented  in  government  and  politics.  Only  13  percent  of  par- 
liamentarians are  women  while  only  3  of  the  23  cabinet  ministers  are  women.  The 
Speaker  of  the  Senate  is  the  only  female  parliamentary  leader,  while  none  of  the 
leaders  of  the  nation's  largest  political  parties  are  women.  Prime  Minister 
Wlodzimierz  Cimoszewicz  chose  a  team  of  40  advisers  early  in  1996,  which  included 
only  2  women. 

Two  members  of  the  German  Minority  Party  are  members  of  Parliament. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  tneir  findings  on  human  rights  cases.  Government  officials 
are  generally  cooperative  and  responsive  to  their  views. 

The  Helsinki  Committee,  a  major  nongovernmental  organization  (NGO),  con- 
ducted human  rights  investigations  without  government  interference.  Members  of 
the  Committee  report  that  the  Government  displays  a  generally  positive  and  helpful 
attitude  towards  human  rights  investigations.  Some  local  NGO  s,  however,  believe 
that  a  hostile  regulatory  climate  is  developing  in  parts  of  the  government  bureauc- 
racy. 

the  Office  of  the  Commissioner  for  Civil  Rights  Protection  (the  Ombudsman),  es- 
tablished in  1987,  is  the  Government's  watchdog  for  human  rights.  The  Ombuds- 
man's office  is  an  independent  body  with  broad  authority  to  investigate  alleged  vio- 
lations of  civil  rights  and  liberties.  The  Ombudsman  registers  each  r^orted  case 
and  files  grievances,  where  appropriate,  with  the  relevant  government  office.  He  has 
no  legislative  authority  and  is  sworn  to  act  apolitically. 

Section  5.  Discrimination  Based  on  Race.  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  interim  Constitution  calls  for  equal  rights  "irrespective  of  sex,  birth,  edu- 
cation, profession,  nationality,  race,  religion,  social  status  and  origin."  Other  clauses 
provide  equal  ri^ts  to  women  and  religious  minorities.  The  new  Constitution  states 
only  that  "no  one  shall  be  discriminated  against  in  political,  social  or  economic  life 
for  any  reason  whatsoever." 

Women. — Violence  against  women  continues  to  be  a  problem,  with  occasional  re- 
ports in  the  press  of  wife  beating  and  spousal  rape.  According  to  statistics  released 
by  the  Public  Research  Center  in  January,  9  percent  of  women  polled  admitted  to 
being  repeatedly  beaten  by  their  husbands  and  another  8  percent  admitted  to  being 
sporadically  beaten.  Women's  organizations  warn,  however,  that  the  number  oT 
those  suffering  from  domestic  abuse  is  probably  much  higher.  They  explain  that, 
commonly,  battered  women  refuse  to  admit  abuse  even  to  themselves.  Government 
and  police  statistics  do  not  differentiate  between  male  and  female  victims  of  vio- 
lence. In  addition  the  Government  has  not  provided  public  information  on  the  prob- 
lem. Police  do  intervene  in  cases  of  domestic  violence,  and  husbands  can  be  con- 
victed for  beating  their  wives,  but  statistics  provided  by  the  Women's  Rights  Center 
suggest  that  a  large  majority  of  convictions  result  in  suspended  sentences.  In  No- 
vember, for  example,  a  provincial  court  in  Opole  sentenced  a  man  to  only  2  years 
in  prison  and  a  fine  of  $1,(X)0  (3,500  PLN)  for  the  brutal  beating  death  of^his  wife. 


1222 

The  court  ruled  that  the  man  had  not  planned  to  kill  his  wife  and  that  her  death 
was  an  unintended  result  of  the  beating. 

The  law  has  no  provision  for  restraining  orders  to  protect  battered  women  against 
potential  abuse.  Women's  advocacy  groups  have  complained  about  the  small  number 
of  state-supported  shelters  for  battered  women. 

Trafficking  in  women  is  illegal,  and  two  specific  provisions  in  the  Criminal  Code 
address  this  problem.  Those  convicted  of  trafficking  in  women  or  children  may  be 
sentenced  to  prison  for  3  to  10  years.  Incidents  of  trafficking,  however,  are  on  the 
rise.  According  to  a  recent  report  published  by  La  Strada's  First  Central  and  East 
European  Program  on  Prevention  of  Traffic  in  Women,  70  cases  of  trafficking  in 
women  were  reported  during  the  first  4  months  of  1996.  The  La  Strada  report 
noted,  however,  that  available  data  on  trafficking  in  women  is  only  "the  tip  of  the 
iceberg."  Most  victims  do  not  want  to  speak  about  their  experiences  out  of  fear  or 
shame,  and  the  real  scale  of  the  crime  is  estimated  to  be  at  least  twice  the  number 
of  reported  cases.  The  bulk  of  these  cases  involve  women  induced  to  work  as  pros- 
titutes in  Western  Europe  after  being  promised  work  as  domestic  workers,  nurses, 
nannies,  or  teachers.  The  perpetrators  are  most  oft^n  the  acquaintances  of  family 
or  friends,  but  have  been  known  to  include  job  agencies,  talent  scouts,  and  match- 
making services.  Poland  also  serves  more  and  more  frequently  as  a  transit  country 
for  the  trafficking  in  women  from  other  countries,  particularly  the  former  Soviet 
Union.  Women  from  this  area  are  often  forced  into  prostitution  in  Poland,  then  sent 
on  to  countries  within  the  European  Union  as  well  as  Switzerland  and  Israel. 

The  problem  of  sexual  harassment  is  a  relatively  new  one,  but  women  are  increas- 
ingly talking  about  it  and  speaking  out  against  it.  While  laws  specifically  addressing 
sexual  harassment  do  not  exist,  social  awareness  is  increasing,  as  are  mechanisms 
with  the  potential  to  deal  with  the  problem.  The  new  Criminal  Code,  for  example, 
states  that  whoever  takes  advantage  of  a  position  of  power  in  a  relationship  to  gain 
sexual  gratification  may  be  sentenced  to  prison  for  6  months  to  5  years.  According 
to  a  Supreme  Court  advisory  opinion,  such  a  relationship  can  occur  between  employ- 
ers and  employees,  between  supervisors  and  subordinates,  or  between  teachers  and 
students.  This  provision  can  only  be  used,  however,  when  sexual  harassment  occurs 
between  a  supervisor  and  an  individual  in  a  subordinate  position.  It  may  not  be 
used  when  the  harassment  occurs  between  persons  of  equal  rank. 

The  Constitution  provides  for  equal  rignts  regardless  of  sex  and  grants  women 
equal  rights  with  men  in  all  fields  of  family,  political,  social,  and  economic  life,  in- 
cluding equal  compensation  for  woric  of  similar  value.  In  practice,  however,  women 
are  frequently  paid  less  for  equivalent  work,  mainly  hold  lower  level  positions,  are 
discharged  more  quickly,  and  are  less  likely  to  be  promoted  than  men.  Ministry  of 
Labor  statistics  indicate  that  57  percent  oi  the  unemployed  were  women  and  that 
despite  a  generally  higher  level  of  education,  women  earn  on  average  25  percent  less 
than  men. 

Women  are  employed  in  a  broad  variety  of  professions  and  occupations,  and  a 
number  of  women  occupy  high  positions  in  Government  and  in  the  private  sector. 
However,  legal  barriers,  such  as  clauses  in  social  insurance  law  limiting  child  sick 
care  benefits  to  women  only  and  mandating  earlier  retirement  for  women,  encourage 
discrimination  in  hiring.  The  law  does  not  address  equality  in  hiring  practices  (there 
are  no  legal  penalties  for  discriminatory  behavior  in  this  area),  and  advertisements 
for  jobs  frequently  indicate  a  gender  preference.  Although  women  have  access  to  a 
number  of  previously  forbidden  careers  since  the  Labor  Code  was  modified  in  1996, 
they  are  still  prevented  from  working  underground  or  in  jobs  that  require  heavy  lift- 

The  Ombudsman  for  Human  Rights  monitors  the  rights  of  women  within  the 
broader  context  of  human  rights.  Observers  note  that  the  broad  scope  of  the  office's 
mandate  dilutes  its  ability  to  function  as  an  effective  advocate  of  women's  issues. 
Within  the  Cabinet,  the  ''Government  Plenipotentiary  for  Women  and  the  Family" 
is  responsible  for  providing  relevant  information  to  the  Government  as  it  formulates 
policy.  Several  women's  rights  NGO's  exist.  Among  the  most  notable  are  the  Polish 
Foundation  for  Women  and  Family  Planning  and  the  Women's  Ri^ts  Center.  These 
groups  are  active  advocates  of  gender  equality  and  advance  their  goals  through  re- 
search, monitoring,  and  publication.  Several  church-sponsored  women's  advocacy  or- 
ganizations also  exist,  but  their  cooperation  with  other  women's  NGO's  is  limited. 

No  progress  occurred  during  the  year  in  amending  the  1962  Citizenship  Law, 
which  discriminates  against  women  by  refusing  them  the  same  right  as  men  to 
transmit  citizenship  to  their  foreign-bom  spouses.  In  1994  the  average  life  span  for 
women  was  76.8  years;  it  has  been  dropping  ever  since. 

Children. — The  Constitution  extends  some  state  protection  to  the  family  and  chil- 
dren and  provides  for  the  appointment  of  an  Ombudsman  for  children's  ri^ts.  The 
Ombudsman  had  not  been  appointed  by  year's  end.  Education  is  now  mandatory 


1223 

until  the  age  of  18,  and  public  schools  are  free  of  charge.  The  Government  sponsors 
some  health  programs  targeted  specifically  at  children,  including  a  vaccination  pro- 

Sam  and  periodic  checkups  conducted  through  the  schools.  However,  budget  short- 
lls  prevent  complete  implementation  of  these  programs.  The  school  system  does 
not  provide  health  education  classes  for  children.  Some  NGO's  have  tried  to  fiU  this 
gap:  the  Batory  foundation  set  up  a  program  to  provide  health  education  for  chil- 
dren by  providing  training  and  instructional  materials  to  a  group  of  teachers,  but 
a  spokesperson  has  acknowledged  that  the  scope  of  the  problem  far  outstrips  this 
small  program. 

There  are  no  procedures  in  schools  to  protect  children  from  abuse  by  teachers;  in 
fact,  the  teachers'  work  code  provides  legal  immunity  from  prosecution  for  the  use 
of  corporal  punishment  in  classrooms. 

Prostitution  among  12-  and  13-year-olds  is  increasing,  and  unemployment,  alco- 
holism, and  housing  shortages  have  affected  the  quality  of  life  of  chilaren.  Moreover, 
there  are  no  laws  explicitly  addressing  violence  against  children  or  corporal  punish- 
ment. Abuse  is  rarely  reported,  and  convictions  for  child  abuse  are  even  rarer.  There 
is  no  societal  pattern  of  abuse  of  children.  Parents  have  the  right  to  make  all  deci- 
sions concerning  their  children's  medical  treatment  and  education. 

There  is  unequal  treatment  of  young  men  and  women  in  terms  of  the  age  of  ma- 
jority. Youths  reach  majority  at  the  age  of  18  under  the  Civil  Code.  However,  a 
young  woman  can  reach  majority  at  the  age  of  16  if  she  has  entered  into  marriage 
with  the  consent  of  her  parents  and  the  guardianship  court.  In  addition,  men  are 
not  permitted  to  marry  without  parental  consent  until  the  age  of  21,  whereas 
women  may  do  so  at  the  age  of  18.  Lawmakers'  rationale  for  this  difference  in  treat- 
ment is  the  assumption  that  it  is  better  that  men  entering  compulsory  military  serv- 
ice not  be  encumbered  with  families. 

People  With  Disabilities. — There  are  approximately  4.5  million  disabled  persons, 
and  the  number  is  expected  to  reach  6  million  by  the  year  2010.  In  1995  the  Central 
Bureau  of  Statistics  (GUS)  reported  that  17  percent  of  disabled  persons  able  to  work 
are  unemployed.  Advocacy  groups  claim  that  the  percentage  is  much  higher.  The 
latest  GUS  data  indicate  that  57.3  percent  of  the  disabled  have  ho  more  than  an 
elementary  education,  compared  witn  30  percent  of  those  without  disabilities  and 
that  only  3.5  percent  have  a  university  education,  compared  with  7.7  percent  of  the 
nondisabled. 

The  Constitution  provides  for  aid  to  disabled  persons  "to  ensure  their  subsistence, 
professional  training,  and  social  communication,"  and  a  number  of  laws  protect  the 
rights  of  people  with  disabilities.  Implementation,  however,  falls  short  of  rights  set 
forth  in  the  legislation.  Public  buildings  and  transportation  are  generally  not  acces- 
sible to  people  with  disabilities;  the  law  provides  only  that  such  buildings  "should 
be  accessible."  The  National  Museum  in  Warsaw  became  the  first  museum  to  be 
adapted  to  the  needs  of  disabled  visitors  during  the  year. 

The  law  creates  a  state  fund  for  the  rehabilitation  of  the  disabled  that  derives  its 
assets  from  a  tax  on  employers  of  over  50  persons,  unless  6  percent  of  the  employ- 
er's work  force  are  disabled  persons.  While  the  fund  has  adequate  resources,  its 
management  has  been  fraught  with  difficulties,  including  frequent  changes  in  lead- 
ership. According  to  press  reports,  the  fund  has  4,000  grant  applications  pending. 
In  addition,  the  mnd  oy  law  cannot  be  used  to  assist  disabled  children,  that  is,  per- 
sons under  16  years  of  age. 

A  1996  law  that  took  effect  in  September  allows  individuals  from  certain  disability 
groups  to  take  up  gainful  employment  without  the  risk  of  losing  their  disability  ben- 
efits. Previously,  disabled  individuals  from  those  groups  lost  their  benefits  once  they 
began  to  work. 

Religious  Minorities. — Current  law  places  Protestant,  Catholic,  Orthodox,  and 
Jewish  religions  on  the  same  legal  footing. 

The  Sejm  on  February  20  passed  a  law  on  Jewish  communal  property  restitution 
to  allow  the  local  Jewish  community  to  submit  claims  for  property  owned  prior  to 
World  War  II.  Possible  communal  property  claims  include  synagogues,  cemeteries, 
and  Jewish  community  headquarters,  as  well  as  buildings  that  were  used  for  other 
religious,  educational,  or  charitable  activities.  However,  the  law  does  not  address 
the  private  property  of  any  group  or  Jewish  communal  properties  to  which  third 
parties  now  nave  title,  leaving  several  controversial  and  complicated  issues  unre- 
solved. 

In  February  an  arsonist  set  fire  to  the  vestibule  of  the  Nozyk  synagogue  in  War- 
saw by  throwing  an  incendiary  device  through  the  window  over  the  former  main  en- 
trance. Both  the  vestibule  and  the  door  leading  to  the  synagogue's  main  hall  were 
gutted.  One  person  who  had  been  sleeping  in  a  nearby  apartment  was  treated  for 
smoke  inhalation,  but  there  were  no  otner  injuries.  Ofiicials  quickly  condemned  Uie 
attack    as   "an    act    of  barbarism."    In    a    statement    issued   that    day,    President 


45-909    98  -  40 


1224 

Aleksander  Kwasniewski  emphasized  that  %he  Polish  people  and  state  authorities 
condemn  aU  acts  of  racism,  anti-Semitism,  and  xenophobia."  A  memorial  service 
held  in  the  Warsaw  synagogue  that  evening  was  well  attended  by  individuals  of  sev- 
eral faiths.  No  arrests  have  oeen  made. 

In  March  vandals  broke  some  windows  at  a  Jewish  cultural  center  in  Zary,  and 
in  May  vandals  defaced  a  memorial  at  a  Jewish  cemetery  in  Staszow  with  swastikas 
and  the  German  phrase  "Juden  Raus"  (Jews  out).  The  memorial  had  been  unveiled 
just  a  week  earlier.  Although  the  police  were  initially  unable  to  identify  the  per- 
petrators, increased  international  pressure  ultimately  led  to  the  arrest  of  two  youths 
who  are  members  of  "The  Historical  Society,"  a  local  skinhead  group.  The  press 
early  in  the  year  reported  tombstone  defacings  in  the  Jewish  cemeteries  of  Legnica 
and  Proszowice,  as  well  as  similar  defacings  in  three  Catholic  cemeteries  and  one 
Catholic  church  during  the  same  time  period. 

In  January  the  Gdansk  prosecutor  reinstated  charges  against  controversial  priest 
Henryk  Jankowski  for  an  allegedly  anti-Semitic  sermon  that  he  gave  in  June  1995. 
The  charges  had  previously  been  dropped  twice.  Responding  to  the  latest  indict- 
ment, Jankowski  commented  that  the  Jewish  minority  was  ruling  the  country  and 
complained  that  he  should  have  the  right  to  express  himself  freely.  "I  have  nothing 
against  Jews,"  he  said,  "but  when  it  comes  to  those  who  are  involved  in  this,  one 
should  not  tolerate  such  a  situation."  Under  an  arrangement  with  the  prosecutor, 
Jankowski  was  sentenced  to  2  years'  probation  and  fined  approximately  $300  (1,000 
PLN)  in  connection  with  these  charges  in  March. 

In  November  Father  Jankowski  made  headlines  again  when  Gdansk  Archbishop 
Tadeusz  Goclowski  suspended  him  from  his  position  as  pastor  of  St.  Brigittes 
church  for  1  year  as  punishment  for  using  his  pulpit  to  make  political  remarks.  The 
suspension  followed  oirectly  a  sermon  Jankowski  delivered  during  which  he  warned 
against  the  presence  of  Jews  in  the  (jovemment.  Jankowski  was  allowed,  however, 
to  live  in  his  parish  house  and  to  serve  as  assistant  chaplain.  In  separate  interviews 
given  shortly  after  his  suspension,  both  Goclowski  ana  Cardinal  Jozef  Glemp  em- 

Shasized  that  Jankowski  was  punished  for  expressing  political  views  that  should  not 
e  expressed  in  church,  while  denying  charges  that  Jankowski  was  an  anti-Semite. 

Approximately  a  week  after  Jankowski's  October  sermon,  a  14-year-old  Jewish 
boy  was  beaten  up  and  kicked  into  the  street  in  Gdansk  by  a  17-year-old  skinhead. 
The  assault  was  widely  believed  to  be  motivated  by  anti-Semitism.  While  the 
attacker  was  released  after  questioning,  indictments  in  the  case  are  expected  in 
1998.  The  prosecutor's  investigation  is  pending.  The  victim's  father,  a  Gdansk  rabbi, 
is  convinced  that  Jankowski  contributed  to  the  attack  through  his  sermon. 

National  I  Racial  I  Ethnic  Minorities. — The  law  provides  for  the  educational  rights 
of  ethnic  minorities,  including  the  right  to  be  taught  in  their  own  language.  Poland's 
bilateral  treaties  with  Germany  and  Belarus  contain  provisions  relating  to  the 
rights  of  those  national  minorities,  and  human  rights  groups  have  described  these 
provisions  as  "close  to  ideal."  A  program  was  initiated  during  the  1996-97  school 
year  to  teach  Lithuanian  to  pupils  of  Lithuanian  descent  in  12  schools  in  north- 
eastern Poland.  Some  4,0(X)  students  began  learning  Belanisian  in  the  Bialystok  re- 
gion in  1996. 

In  1996  a  Greek  Catholic  cupola  was  torn  down  in  Przemysl,  reportedly  for  safety 
reasons  but  without  the  consent  of  the  city's  Ukrainian  Greek  Catholic  minority. 
The  event  fueled  ongoing  tension  between  the  Roman  Catholic  majority  and  the 
Ukrainian  minority  there.  In  June  Ukrainian  community  leaders  in  Przemysl  com- 
plained that  authorities  there  unnecessarily  delayed  permission  to  use  a  city  sta- 
dium for  a  Ukrainian  cultural  festival.  The  city  eventually  granted  permission  10 
days  before  the  event,  and  the  festival  took  place  without  incident. 

The  Romani  community,  numbering  around  40,000,  faced  disproportionately  high 
unemployment  and  was  harder  hit  oy  economic  changes  and  restructuring  than 
were  ethnic  Poles,  according  to  its  leaders.  The  national  (jovemment  does  not  overt- 
ly discriminate  against  Roma;  however,  some  local  officials  have  been  known  to  dis- 
criminate by  not  providing  services  in  a  timely  manner  or  at  all.  Some  schools  have 
experimented  witn  separate  special  classes  for  Romani  children,  stating  that  be- 
cause of  economic  disadvantage,  language  barriers,  and  parental  illiteracy,  Romani 
chil<^n  are  behind  their  non-Romani  counterparts  when  starting  school.  One  teach- 
er in  the  province  of  Nowy  Sacz  referred  to  Komani  students  in  her  classroom  as 
"retarded"  when  speaking  to  a  group  of  Romani  advocates. 

Individuals  of  African,  Asian,  or  Arab  descent  continue  to  experience  occasional 
verbal  abuse  or  other  types  of  aggression. 

In  September  the  registry  department  of  the  Katowice  provincial  court  began  its 
consideration  of  the  Silesian  registration  issue.  A  small  number  of  Silesians  in  this 
area  have  sought  to  register  themselves  as  a  national  minority.  The  Katowice  pro- 
vincial office  has  opposed  their  registration  on  the  grounds  that  Silesians  do  not 


1225 

constitute  a  separate  nation.  Official  registration  would  allow  representatives  of  the 
Association  of  the  Population  of  Silesian  Nationality,  as  the  group  calls  itself,  to  run 
for  Parliament  under  the  preferences  accorded  national  minorities  under  electoral 
law. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  provides  that  aU  civilian  workers,  as  well 
as  military  employees,  police,  and  frontier  guards,  have  the  right  to  establish  and 
join  trade  unions  of  their  own  choosing.  Unions  also  have  the  right  to  join  labor  fed- 
erations and  confederations  and  to  amliate  with  international  labor  organizations. 
Independent  labor  leaders  reported  that  these  rights  were  largely  observed  in  prac- 
tice. 

The  law  sets  minimum  size  requirements  for  establishing  a  trade  union:  10  per- 
sons may  form  a  local  union,  and  30  may  establish  a  national  union.  Unions,  includ- 
ing interbranch  national  unions  and  national  interb ranch  federations,  must  be  reg- 
istered with  the  courts.  A  court  decision  refusing  registration  may  be  appealed  to 
a  hi^er  court.  In  1997  the  number  of  registered  national-level  unions  rose  to  350 
from  318.  No  precise  data  exists  on  work  force  unionization,  but  some  estimates  put 
membership  at  some  40  percent  of  state/public  sector  employees,  with  the  figure  at 
about  5  percent  in  the  private  sector.  As  a  rule,  newly  established  small-  and  me- 
dium-sized firms  were  nonunion,  while  union  activity  in  most  cases  carried  over  into 
erivatized  (former  state-owned)  enterprises.  The  Independent  Self-governing  Trade 
^nion  (NSZZ)  Solidarity  has  a  verified,  regular  dues-paying  membership  of  about 
1.4  million.  Small  spin-offs  from  mainstream  Solidarity  include  the  rival  factions 
Solidarity  '80,  August  '80  and  Christian  Trade  Union  Solidarity  (Popieluszko).  There 
are  no  reliable  estimates  of  their  membership. 

The  other  principal  national  unions  are  those  affiliated  with  the  All-Poland  Trade 
Union  Alliance  (OPZZ),  the  Communist-inspired  confederation  established  in  1984 
as  the  sole  legal  alternative  to  then-repressed  NSZZ  Solidarity,  and  its  teachers'  af- 
filiate, the  Polish  Union  of  Teachers  (ZNP).  The  OPZZ  reports  that  its  membership 
has  dropped  by  more  than  50  percent  in  recent  years  to  about  3  million,  but  this 
figure  is  unverified,  and  independent  sociological  surveys  suggest  that  its  regular 
dues-paying  membership  may  be  similar  to  or  less  than  Solidarity's. 

The  law  on  collective  bargaining,  in  force  since  1994,  does  not  require  union  mem- 
bership figures  to  be  verified  or  based  on  dues-paying  members  in  order  for  unions 
to  be  considered  "representative"  negotiating  partners  for  management  and  govern- 
ment. Solidarity  protested  some  unions'  (largely  OPZZ  affiliates)  participation  in  ne- 
gotiations with  the  Government  on  the  grounds  that  their  memoership  figures  re- 
main unproven. 

In  1997  there  was  some  movement  in  the  long-running  dispute  between  the  OPZZ 
and  Solidarity  over  Communist-era  trade  union  property  administered  by  the  OPZZ. 
In  June  the  Ministry  of  Labor  divided  12  properties  between  Solidarity  and  the 
OPZZ.  These  had  belonged  to  the  Communist-era  trade  union  organization  Associa- 
tion of  Trade  Unions/Central  Council  of  Trade  Unions  (ZZZ/CRZZ)  until  1984,  aRer 
which  the  OPZZ  administered  them.  Solidarity  charged  that  the  OPZZ  received  the 
choicest  properties,  including  the  former  headquarters  building  located  in  downtown 
Warsaw.  In  July  President  Kwasniewski  signed  a  bill  that  transferred  as  many  as 
400  properties  (the  exact  number  is  still  unknown)  in  the  nationwide  'TWP'  holiday 
home  system  (workers'  vacation  houses/hotels)  to  a  new  limited  liability  company 
controlled  entirely  by  the  OPZZ.  Solidarity  announced  that  it  would  challenge  this 
law  in  the  Constitutional  Tribunal.  The  ownership  and  future  of  scores  of  other 
trade  union  assets  belonging  to  branch  unions  remain  under  dispute.  The  continuing 
dispute  over  assets  remains  a  major  reason  behind  International  Confederation  oT 
Free  Trade  Unions  (ICFTU)  and  European  Trade  Union  confederation  (ETUC)  un- 
willingness to  affiliate  the  OPZZ. 

Most  trade  unions  were  active  in  politics  at  all  levels.  Scores  of  union  activists 
were  parliamentarians  and  several  became  senior  government  officials.  During  the 
1993-97  Sejm  term  that  ended  in  September,  more  than  two-thirds  of  the  169  depu- 
ties of  the  governing  SLD  were  or  had  been  OPZZ  members.  Of  these  OPZZ  formally 
sponsored  63  as  "trade  union  deputies,"  but  many  left  the  OPZZ  during  the  term 
and  ran  on  the  Social  Democracy  of  the  Republic  oi  Poland  (SdRP)  ticket  m  the  Sep- 
tember elections.  The  number  of  OPZZ  deputies  fell  to  42  after  the  elections,  about 
one-quarter  of  the  164-member  SLD  caucus. 

Solidarity  had  a  13-member  caucus  in  the  Senate  during  the  1993-1997  term  and 
became  even  more  involved  in  politics  following  the  union  s  decision  to  enter  the  fall 
1997  parliamentary  elections  via  Solidarity  Electoral  Action  (AWS),  a  union-bro- 
kered coalition  of  some  35  center-ri^t  political  groups.  On  the  AWS  ticket  216  Soli- 
darity activists  ran  for  Parliament  (representing  about  28  percent  of  all  AWS  can- 


1226 

didates),  and  62  were  elected  (representing  almost  one-third  of  the  200  AWS  seats). 
The  trade  union  Kontra,  the  labor  wing  oi  the  Confederation  of  Independent  Poland 
(KPN),  was  represented  in  the  1993-1997  Parliament,  and  several  oi  its  leaders  ran 
again  on  the  AWS  ticket  but  failed  to  win  any  seats. 

Unions  have  the  right  to  strike  except  in  "essential  services."  However,  labor  lead- 
ers charge  that  the  1991  Act  on  Collective  Dispute  Resolution  prescribes  an  overly 
lengthy  process  before  a  strike  may  be  called.  Employers  consider  the  law  too  le- 
nient, since  it  allows  only  one-quarter  of  the  work  lorce  to  vote  to  call  a  strike.  As 
a  result,  as  many  as  60  to  90  percent  of  strikes  called  in  recent  years  have  been 
technically  "illegal"  because  one  or  both  of  the  sides  did  not  follow  each  step  exactly 
as  required  by  Taw.  Labor  courts  act  slowly  on  deciding  the  legality  of  strikes  while 
sanctions  against  unions  for  calling  illegal  strikes,  or  against  employers  for  provok- 
ing them,  are  minimal.  Arbitration  is  not  obligatory  and  depends  on  the  will  of  dis- 
puting parties.  Unions  charge  that  laws  prohibiting  retribution  against  strikers  tire 
not  consistently  enforced  and  that  fines  imposed  as  punishment  are  so  minimal  that 
they  are  ineffective  deterrents  to  illegal  activity.  Workers  who  strike  in  accordance 
witn  the  law  retain  their  right  to  social  insurance  but  not  pay.  If  a  court  rules  a 
strike  "illegal,"  however,  workers  may  lose  social  benefits,  and  organizers  are  liable 
for  damages  and  may  face  civil  charges  and  fines. 

The  number  of  strikes  continued  to  fall  (30  as  of  September,  down  from  a  high 
of  several  thousand  per  year  in  the  early  1990's).  The  social  peirtners  (unions,  em- 
ployers, and  the  Government)  continued  to  work  out  ambiguities  in  dispute  resolu- 
tion mechanisms  in  the  new  Labor  Code,  which  went  into  effect  on  June  1,  1996, 
and  which  represent  a  major  overhaul  of  Communist-era  labor  regulations. 

Solidarity  is  a  full  member  of  the  ICFTU,  the  World  Confederation  of  Labor,  and 
the  ETUC. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — ^The  1991  Law  on  Trade 
Unions  sought  to  create  a  favorable  environment  for  trade  union  activity. 

Labor  leaders,  however,  report  that  the  1991  law  has  not  prevented  employers 
from  discriminating  against  workers  who  attempt  to  organize  or  join  unions,  par- 
ticularly in  the  growing  private  sector.  The  law  also  has  not  prevented  employer 
harassment  of  union  memoers  for  their  labor  activity. 

The  1991  law  provides  for  parties  to  take  disputes  first  to  labor  courts,  then  to 
the  prosecutor  general,  and,  in  the  last  resort,  to  the  Supreme  Court.  In  a  typical 
year.  Solidarity  takes  several  thousand  cases  to  labor  courts,  several  hundred  to  the 
prosecutor  general,  and  dozens  to  the  Supreme  Court  for  resolution.  In  an  over- 
whelming majority  of  these  cases,  the  courts  ordered  employers  to  correct  practices 
or  reinstate  dismissed  workers  or  unions  to  reimburse  employers  for  activity  found 
to  be  illegal.  Penalties,  however,  are  minimal  and  are  not  an  effective  deterrent. 

Enterprise-level  collective  bargaining  over  wages  and  woricing  conditions  increas- 
ingly characterized  the  labor  relations  system.  Labor  and  management  are  adapting 
their  relationship  to  the  demands  of  a  market  economy,  but  experience  in  modem 
labor  relations  is  still  in  its  early  stages.  Many  enterprises  rolled  over  agreements 
concluded  in  early  years. 

Since  its  formation  in  early  1994,  the  Tripartite  Commission  (unions,  employers. 
Government),  chaired  by  Labor  Minister  Longin  Komolowski,  has  become  the  main 
forum  that  determines  national-level  wage  and  benefit  increases  in  such  politically 
sensitive  areas  as  the  so-called  budget  sector  (health,  education,  and  public  employ- 
ees), while  rendering  opinions  on  pension  indexation,  energy  pricing,  and  other  im- 
portant aspects  of  social  policy.  Tne  Commission  serves  as  an  important  forum  by 
which  the  social  partners  air  differences,  discuss  grievances,  and  often  negotiate 
agreements  before  problems  erupt  into  social  conflict. 

Many  disputes  arose  because  of  the  weakness  of  the  employer  side  of  the  union/ 
employer/(5ovemment  triangle.  Key  state  sector  employers  (largely  in  heavy  indus- 
try and  the  budget  sector)  still  were  unable  to  negotiate  independently  with  orga- 
nized labor  without  the  extensive  involvement  of  central  government  ministries  to 
which  they  are  subordinate,  although  the  Grovernment  repeatedly  stated  its  inten- 
tion not  to  be  drawn  into  labor  disputes.  This  complicatea  and  politicized  the  Gov- 
ernment's new  labor  relations  paradigm. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Compulsory  labor  does  not  exist, 
except  for  prisoners  convicted  of  criminal  offenses,  and  is  otherwise  prohibited  by 
law,  including  by  children.  There  were  no  reports  of  forced  or  compulsory  labor  by 
children. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
contains  strict  legal  prescriptions  about  the  conditions  in  which  children  may  work. 
The  Labor  Code  forbids  the  employment  of  persons  under  the  age  of  15.  Those  be- 
tween the  ages  of  15  and  18  may  be  employed  only  if  they  have  completed  primary 


1227 

school  and  if  the  proposed  employment  constitutes  vocational  training  and  is  not 
harmful  to  their  health.  The  age  floor  rises  to  18  if  a  particular  job  might  pose  a 
health  danger. 

Child  labor  is  not  a  problem,  although  the  state  Labor  Inspectorate  reported  that 
increasing  numbers  oi  minors  now  work  and  that  many  employers  violate  labor 
rules  in  employing  them  (by  underpaying  workers,  paying  them  late,  etc.).  Inspec- 
tors found  violations  on  stud  farms,  in  restaurants,  and,  in  some  instances,  in  small 
private  sector  businesses  and  factories. 

The  law  prohibits  forced  and  bonded  child  labor,  and  the  Government  enforces 
this  prohibition  effectively  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  Ministry  of  Labor,  the  unions,  and  employ- 
ers' organizations  negotiate  a  revised  national  minimum  wage  every  3  months.  The 
minimum  monthly  wage  for  employees  in  state-owned  enterprises  is  approximately 
$150  (450  PLN).  While  this  represented  a  real  increase  over  1996,  it  was  insufficient 
to  provide  a  worker  and  family  with  a  decent  standard  of  living  in  view  of  rapidly 
rising  prices.  A  large  percentage  of  construction  workers  and  seasonal  agricultural 
laborers  from  the  former  Soviet  Union  earn  less  than  the  minimum  wage.  The  large 
size  of  the  informal  economy  and  the  small  number  of  state  labor  inspectors  make 
enforcement  of  the  minimum  wage  very  difficult.  As  long  as  unemployment  remains 
high,  workers  often  agree  to  inferior  working  conditions  and  lower  pay  in  order  to 
obtain  or  keep  their  jobs. 

The  standard  legal  workweek  is  42  hours,  which  allows  6  or  7  hour  days,  includ- 
ing at  least  one  24-hour  rest  period.  The  law  requires  overtime  payment  for  hours 
in  excess  of  the  standard  workweek.  The  new  Labor  Code  defines  minimum  condi- 
tions for  the  protection  of  workers'  health  and  safety.  Provisions  are  strict  and  ex- 
tensive, and  trade  unions  have  the  right  to  stop  production  or  extract  a  worker  from 
dangerous  woricing  conditions  without  jeopardy  to  continued  employment  (there 
were  reports  that  such  fears  prompt  some  tc  stay).  Enforcement,  however,  is  a  major 
problem,  because  the  state  Labor  Inspectorate  is  unable  to  monitor  the  state  sector 
sufficiently,  or  the  private  sector,  wnsre  a  growing  percentage  of  accidents  take 
place.  In  addition,  there  is  a  lack  of  clarity  concerning  which  govenmient  or  legisla- 
tive body  has  responsibility  for  enforcing  the  law. 

Of  the  117,119  work -related  accidents  reported  during  1996,  647  involved  deaths, 
slightly  more  than  in  1995.  This  represents  roughly  10  accidents  per  1,000  workers, 
slightly  more  than  in  1995.  GUS  reported  that  most  accidents  were  in  the  public 
sector,  while  most  serious  accidents  were  in  the  private  sector,  where  proportionally 
more  deaths  also  occurred.  Solidarity  contends  that  the  problem  lies  not  in  the  law, 
which  establishes  safe  standards,  but  in  enforcement,  as  employer  sanctions  for  ille- 
gal behavior  are  minimal.  Standards  for  exposure  to  chemicals,  dust,  and  noise  are 
routinely  exceeded. 


PORTUGAL 

The  Portupaese  Republic  is  a  constitutional  democracy  with  a  President,  an  inde- 
pendent judiciary,  a  Prime  Minister,  and  a  Legislative  Assembly  freely  elected  by 
secret  ballot  in  multiparty  elections.  ^ 

Internal  security  is  primarily  the  responsibility  of  the  Ministries  of  Justice  and 
Internal  Administration.  Security  forces  are  controlled  by,  and  responsive  to,  the 
Government. 

Portugal  has  a  market-based  economy  and  is  a  member  of  the  European  Union. 
An  increasing  proportion  of  the  labor  force  is  employed  in  services,  whUe  employ- 
ment in  agriculture  continues  to  decline  and  has  been  static  or  declining  slightly  in 
the  industrial  sector. 

Citizens  enjoy  a  broad  range  of  civil  and  other  human  rights,  which  the  Govern- 
ment generally  respects.  Civil  rights  are  outlined  in  the  Constitution  with  specific 
reference  to  the  Universal  Declaration  of  Human  Rights.  The  principal  human 
rights  problem  is  the  occasional  beating  of  detainees  or  prisoners  by  police  or  prison 
personnel.  Credible  although  infrequent  repwrts  of  this  problem  continued,  as  did  re- 
ports of  f)oor  conditions  in  prisons.  Violence  against  women,  child  labor,  and  dis- 
crimination against  Roma  are  problems. 


^A  separate  report  on  Macau,  recognized  by  both  China  and  Portugal  as  Chinese  territory 
under  Portuguese  administration,  follows  this  report. 


1228 


RESPECT  FOR  HUMAN  RIGHTS 


Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

A  Public  Security  Police  officer  in  the  city  of  Evora  was  detained  in  December 
1996  after  fatally  snooting  a  suspected  burglar  at  the  time  of  arrest.  The  police  offi- 
cer's apprehension  and  his  subsequent  beating  at  the  hands  of  inmates  were  pro- 
tested tv  police  across  the  country.  These  events  led  to  the  dismissal  of  the  head 
of  the  FHiblic  Security  Police  for  failing  to  maintain  discipline  and  to  the  appoint- 
ment in  January  of  the  first  nonmilitary  chief  of  that  oi^anization.  The  inspector 
general  of  the  Interior  Ministry  is  investigating  the  suspicious  deaths  of  two  other 
detainees  in  late  1996. 

The  trial  of  a  National  Republican  Guard  (GNR)  officer,  Fernando  Alexio  dos 
Santos,  who  confessed  to  the  highly  publicized  1996  killing  and  decapitation  of  a  de- 
tainee, resulted  in  a  sentence  in  December  of  17  years  in  prison.  Another  GNR 
member  who  was  present  at  the  killing  was  sentenced  to  6  years  in  prison,  and  a 
third  soldier  received  a  5-year  suspended  sentence.  Four  other  accused  GNR  mem- 
bers were  found  innocent. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  forbids  torture,  inhuman  or  de^prading  treatment  or  punishment, 
and  the  use  of  evidence  obtained  under  torture  in  criminal  proceedings.  An  inde- 
pendent Ombudsman,  chosen  by  the  Legislative  Assembly  (parliament),  investigates 
complaints  of  mistreatment  by  police  and  prison  authorities.  The  police  inspector 
general  conducts  internal  investigations  in  cases  of  alleged  mistreatment. 

In  December  1996,  delegates  from  Amnesty  International  (AI)  met  with  the  F'resi- 
dent  8md  with  senior  government  ministers  to  discuss  continuing  mistreatment  of 
detainees  by  the  police.  AI  and  the  Council  of  Europe's  Committee  for  the  Preven- 
tion of  Torture  and  Inhuman  or  Degrading  Treatment  or  Punishment  cite  kicking, 
punching,  and  beating  with  truncheons  or  other  blunt  objects  as  the  most  common 
forms  of  mistreatment.  Both  organizations  were  critical  of  the  slow  pace  of  inves- 
tigations into  allegations  of  mistreatment.  According  to  civil  rights  groups,  the  vic- 
tims of  abuse  are  often  African  immigrants  and  other  non -Europeans. 

However,  the  inspector  general  of  the  Interior  Ministry  released  a  report  in  No- 
vember citing  improvements  in  the  treatment  of  detainees  by  the  police.  In  200  sur- 
prise visits  to  jails  and  prisons  by  inspectors,  no  recent  cases  of  police  violence  were 
uncovered.  The  report  added  that  "this  is  the  opposite  of  1996,  one  of  the  worst 
years  for  police  brutality.  .  .  ."  Police  officers  receive  training  in  human  rights  and 
proper  investigative  procedure. 

Trie  1996  case  of  a  magistrate  who  claimed  to  be  mistreated  by  the  GNR  ended 
with  the  magistrate's  dismissal  from  his  position  and  his  conviction  on  charges  of 
drunk  driving  and  assault  of  a  police  officer,  for  which  he  was  fined. 

TTie  case  of  Paulo  Portugal  of  Almada,  who  brought  charges  against  six  GNR  offi- 
cers for  alleged  brutality  in  1991,  was  finally  resolved  in  1996,  when  the  iudge  ruled 
in  May  that  all  charges — including  counterenarges  by  the  GNR  officers — be  otopped. 

Rison  conditions  are  poor.  The  Council  of  Europe  Committee  and  the  national  di- 
rector of  prisons  identified  overcrowding  as  the  main  problem,  which  the  Govern- 
ment plans  to  remedy  through  a  combination  of  new  prisons  and  the  increased  use 
of  noncustodial  penalties.  A  1996  report  by  the  independent  Ombudsman  identified 
sanitary  conditions,  medical  care,  security,  and  food  quality  as  problem  areas.  Pris- 
oners complain  of  insufficient  heating  during  the  cool,  wet  winters. 

The  Government  permits  prison  visits  by  human  rights  monitors.  Human  rights 
organizations  report  no  difficulties  in  gaining  access  to  inmates  at  detention  facili- 
ties. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Under  the  law,  an  investigating  judge  de- 
termines whether  an  arrested  person  should  be  detained,  released  on  bail,  or  re- 
leased outright.  Persons  may  not  be  held  more  than  48  hours  without  appearing  be- 
fore an  investigating  judge.  Investigative  detention  is  limited  to  a  maximum  of  6 
months  for  each  suspected  crime.  If  a  formal  charge  has  not  been  filed  within  that 
period,  the  detainee  must  be  released.  In  cases  of  serious  crimes,  for  example,  mur- 
der or  armed  robbery,  or  of  more  than  one  suspect,  investigative  detention  may  last 
for  up  to  2  years  and  may  be  extended  by  a  judge  to  3  years  in  extraordinary  cir- 
cumstances. A  suspect  in  investigative  detention  must  be  brought  to  trial  within  18 
months  of  being  formally  charged.  If  a  suspect  is  not  in  detention,  there  is  no  speci- 
fied period  for  going  to  trial.  A  detainee  has  access  to  lawyers;  the  State  assumes 
the  cost  if  necessary. 

Exile  is  illegal  and  is  not  practiced. 


1229 

e.  Denial  of  Fair  Public  Trial. — ^The  judiciary  is  independent  and  impartial.  The 
court  system,  laid  out  in  the  Constitution,  consists  of  a  Constitutional  Court,  a  Su- 
preme Court  of  Justice,  and  judicial  courts  of  first  and  second  instance.  There  is  also 
a  supreme  court  of  administration,  which  deals  with  administrative  and  tax  dis- 
putes, and  which  is  supported  by  lower  administrative  courts.  An  audit  court  is  in 
the  Ministry  of  Finance. 

All  trials  are  public  except  those  which  may  offend  the  dignity  of  the  victim,  such 
as  in  cases  of  sexual  abuse  of  children.  The  accused  is  presumed  innocent.  In  trials 
for  serious  crimes,  a  panel  of  three  judges  presides.  For  lesser  crimes,  a  single  judge 
presides.  At  the  request  of  the  accused,  a  jury  may  be  used  in  trials  for  major 
crimes;  in  practice,  requests  for  jury  trials  are  extremely  rare. 

The  judicial  system  provides  citizens  with  a  fair  legal  process.  It  has  been  much 
criticized,  however,  for  a  large  backlog  of  pending  trials  resulting  from  inefficient 
functioning  of  the  courts. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  forbids  such  practices,  and  the  Government  respects  these  provisions 
in  practice.  Violations  are  subject  to  effective  legal  sanctions. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Freedom  of  speech  and  the  press  is  provided 
for  in  the  Constitution,  and  the  Government  respects  these  rights  in  practice.  An 
independent  press,  an  effective  judiciary,  and  a  functioning  democratic  political  sys- 
tem combine  to  ensure  freedom  of  speech  and  the  press,  including  academic  free- 
dom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  authorities  generally  respect  these  provisions. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  these  rights  in  practice.  Although  the  overwhelming  majority 
of  citizens  are  Roman  Catholic,  the  President  underscored  the  importance  of  reli- 
gious tolerance  and  diversity  through  such  gestures  as  attending  in  March  the  open- 
ing of  an  Ismailite  center  in  Lisbon. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  and  laws  provide  for  these  rights,  and  the  Govern- 
ment respects  them  in  practice. 

The  Government  cooperates  with  the  United  Nations  High  Commissioner  for  Ref- 
ugees and  other  humanitarian  organizations  in  assisting  refugees.  Persons  who 
qualify  as  refugees  are  entitled  to  residence  permits.  The  issue  of  first  asylum  did 
not  arise  in  1997.  There  were  no  reports  of  forced  expulsions  of  persons  having  a 
valid  claim  to  refugee  status. 

However,  the  Government  almost  never  rules  that  an  asylum  seeker  has  a  "valid" 
claim.  During  1997,  220  {>9rsons  filed  for  asylum,  most  of  them  from  Zaire,  Liberia, 
and  Sierra  Leone,  and  none  were  found  to  have  valid  claims.  Persons  arriving  at 
the  airport  were  returned  either  to  their  country  of  origin  or  to  the  country  from 
which  their  flints  originated.  Persons  already  in  the  country  were  given  15  days 
to  depart  voluntarily.  Of  these,  most  remained  in  the  country  clandestinely. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Poitugal  is  a  multiparty,  parliamentary  democracy.  The  Constitution  provides 
citizens  with  the  right  to  change  their  government  peacefully,  and  citizens  exercise 
this  right  in  practice  through  periodic,  free,  and  fair  elections  on  the  basis  of  univer- 
sal suffrage. 

Women  and  minorities  have  full  political  rights.  Women  head  2  of  17  ministries: 
Health  and  Environment.  Women  are  represented  in  all  major  political  parties  but 
constitute  only  13  percent  of  the  deputies  in  the  legislature,  where  3  of  the  15  com- 
mittees are  chaired  by  women.  Race  is  rarely  an  issue  in  politics.  Persons  of  minor- 
ity origin  have  achieved  prominence  in  politics. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  local  and  international  groups  operate  freely,  investigating  and  pub- 
lishing their  findings  on  human  rights  cases.  Government  officials  are  generally  co- 
operative, although  most  groups  complain  of  slow  investigations  or  remedial  actions. 


1230 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  forbids  discrimination  based  on  ancestry,  sex,  race,  language,  or- 
igin, religion,  political  or  ideological  convictions,  education,  economic  situation,  or 
social  condition,  and  the  Government  enforces  these  prohibitions. 

Women. — Domestic  and  other  violence  against  women  is  reportedly  a  common  but 
hidden  problem  for  which  few  seek  legal  recourse.  The  Portuguese  Association  for 
the  Support  of  Victims  received  400  calls  for  assistance  during  1996.  With  greater 

f)ublicity  and  a  new  toll-free  telephone  line,  over  700  women  sou^t  help  or  shelter 
rom  the  Association  in  1997.  The  law  provides  for  criminal  penalties  in  cases  of  vio- 
lence by  a  spouse.  However,  traditional  societal  attitudes  discourage  many  battered 
women  from  recourse  to  the  judicial  system. 

In  March  the  Government  enacted  the  "Global  Plan  for  Equal  Opportunity,"  which 
is  aimed  at  improving  social,  political,  and  workplace  conditions  for  women.  The 
new  law  also  addresses  violence  against  women  and  provides  funds  for  new  women's 
shelters,  a  hot  line  for  battered  women,  and  training  for  police  officials.  The  Govern- 
ment's high  commissioner  for  the  promotion  of  equality  and  of  the  family  conducted 
an  awareness  campaign  to  raise  the  profile  of  domestic  abuse.  A  subsidiary  organi- 
zation, the  Commission  on  Equality  and  the  Rights  of  Women,  initiated  a  program 
in  Lisbon  to  provide  free  legal  advice  to  victims  of  abuse.  The  judicial  system  snows 
no  apparent  reluctance  to  prosecute  suspects  accused  of  abusing  women. 

In  March  a  special  parliamentary  session  was  held  to  discuss  the  problem  of  traf- 
ficking in  women.  Speakers  noted  that  trafficking  involves  both  Portuguese  women 
being  taken  abroad,  usually  to  Spain,  and  foreign  women  being  brourfit  into  Por- 
tugal. Press  reports  indicate  that  about  half  of  the  women  in  organizedprostitution 
rings  are  foreign  nationals,  usually  from  Latin  America  or  central  Ehirope.  The 
deaths  of  eight  women  in  an  arson  attack  on  a  nightclub  by  a  rival  nightclub  owner 
focused  public  attention  on  the  problem.  Prostitution  is  closely  linked  to  other  types 
of  organized  crime,  especially  international  narcotics  trafficking.  Specific  legislation 
prohibits  forced  prostitution  and  trafficking  in  human  beings.  'The  Nest,  a  non- 
governmental organization,  operates  economic  and  social  recovery  programs  for 
prostitutes. 

The  Civil  Code  provides  for  full  legal  equality  for  women.  Sexual  harassment,  an 
issue  gaining  public  attention,  is  covered  in  the  Penal  Code  as  a  sex  crime,  but  only 
if  perpetrated  by  a  superior  and  in  the  workplace.  As  in  the  case  of  violence,  socially 
ingrained  attitudes  discourage  many  women  from  taking  advantage  of  their  legal 
protection. 

The  Commission  on  Equality  in  the  Workplace  and  in  Employment,  made  up  of 
representatives  of  the  Government,  employers'  organizations,  and  labor  unions,  is 
empowered  to  examine  complaints  of  sexual  harassment  but  receives  few.  It  does 
review  numerous  complaints  of  discrimination  by  employers  against  pregnant  work- 
ers and  new  mothers,  who  are  protected  by  law. 

Women  are  increasingly  represented  in  universities,  business,  science,  and  the 
professions.  Traditional  attitudes  of  male  dominance  persist  but  are  changing  gradu- 
ally. 

Children. — ^Nine  years  of  education  are  compulsory.  A  study  by  the  European 
Commission  indicated  that  only  50  percent  of  children  receive  preschool  education, 
compared  with  at  least  75  percent  m  most  European  Union  countries.  To  counter 
this  problem,  the  Ministry  of  Education  instituted  a  pilot  project  on  early  childhood 
education  in  the  Algarve  region.  The  Ministry  plans  to  expand  the  program  to  the 
national  level,  if  it  proves  successful  during  the  1997  school  year.  The  Government's 
goal  is  to  provide  preschool  education  for  ^  to  70  percent  of  3-  and  4-year-olds  and 
90  percent  of  5-year-olds  by  the  year  2000. 

The  National  Children's  Rights  Commission  was  inaugurated  in  January  with  the 
mission  of  iniplementing  the  principles  of  the  International  Convention  on  the 
Rights  of  the  Child.  The  Commission  operates  under  the  ae^s  of  the  High  Commis- 
sioner for  the  Promotion  of  Equality  and  of  the  Family  and  includes  representatives 
from  the  Ministries  of  Justice,  Health,  Education,  and  Solidarity,  as  well  as  from 
leading  nongovernmental  organizations.  The  quasi-independent  Institute  for  the 
Support  of  Cnildren  organized  a  network  of  48  nongovernmental  organizations  dedi- 
cated to  helping  at-risk  youth.  The  University  of  Minho's  Institute  for  the  Study  of 
Children  is  a  research  center  dedicated  solely  to  the  study  of  children's  issues. 

There  is  no  societal  pattern  of  abuse  of  children,  although  child  labor  remains  a 
problem  (see  Section  6.d.).  A  pedophile  ring  was  uncovered  in  Madeira  in  the  fall 
involving  Madeiran  children  and  Madeiran,  Belgian,  and  Dutch  adults. 

People  With  Disabilities. — There  is  no  discrimination  against  disabled  persons  in 
employment,  education,  or  the  provision  of  other  state  services.  Their  access  to  pub- 


1231 

lie  facilities  is  mandated  by  legislation,  which  is  generally  complied  with.  However, 
no  such  legislation  covers  private  businesses  or  other  facilities. 

National  I  Racial  I  Ethnic  Minorities. — The  principal  minority  groups  are  inami- 
grants,  legal  and  illegal,  from  Portugal's  former  African  colonies.  There  is  also  a 
resident  Komani  population.  Fifteen  skinheads  were  convicted  in  June  for  the  1995 
beating  death  of  a  Cape  Verdean  immigrant;  they  received  jail  sentences  ranging 
from  2  to  18  years.  The  law  permits  victims  and  antiracism  associations  to  partici- 
pate in  race-related  criminal  trials  by  lodging  criminal  complaints,  retaining  their 
own  lawyers,  and  calling  witnesses. 

A  Romani  family  forced  to  move  in  1996  in  the  face  of  local  hostility  was  evicted 
by  another  municipal  government  following  complaints  by  local  residents  that  al- 
leged Romani  involvement  in  criminal  activity.  In  April  all  adult  members  of  this 
family  were  jailed  on  drug  charges,  although  one  package  of  alleged  narcotics  was 
later  revealed  to  be  flour.  The  family  patriarch  accused  the  police  of  unfairly 
targeting  him  because  a  family  member  had  earlier  implicated  13  National  Repub- 
lican Guard  members  in  narcotics  trafficking.  F^ress  coverage  of  the  incident  focused 
on  the  fact  that  the  Government's  High  Commissioner  for  Immigration  and  Ethnic 
Minorities  submitted  a  report  to  the  Prime  Minister  that  called  on  the  central  Gov- 
ernment to  act  against  popular  militias,  which  are  groups  of  citizens  who  engage 
in  intimidation  of  Komani  communities  with  the  aim  of  forcing  them  to  abandon  set- 
tlements. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Woricers  in  both  the  private  and  public  sectors  have 
the  ri^ht  to  associate  freely  and  to  establish  committees  in  the  workplace  to  defend 
their  interests.  The  Constitution  provides  for  the  right  to  establish  unions  by  profes- 
sion or  industry.  Trade  union  associations  have  the  right  to  participate  in  the  prepa- 
ration of  labor  legislation.  Strikes  are  constitutionally  permitted  lor  any  reason,  in- 
cluding political  causes;  they  are  common  and  generally  are  resolved  through  direct 
negotiations.  The  authorities  respect  all  provisions  of  the  law  on  labor's  rights. 

Two  principal  labor  federations  exist.  There  are  no  restrictions  on  the  formation 
of  additional  labor  federations.  Unions  function  without  hindrance  by  the  Govern- 
ment and  are  closely  associated  with  political  parties.  There  are  no  restrictions  on 
the  ability  of  unions  to  join  federations  or  on  federations  affiliating  with  inter- 
national labor  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Unions  are  free  to  organize 
without  interference  oy  the  Government  or  by  employers.  Collective  bargaining  is 
provided  for  in  the  Constitution  and  is  practiced  extensively  in  the  public  and  pri- 
vate sectors. 

Collective  bargaining  disputes  rarely  lead  to  prolonged  strikes.  Should  a  long 
strike  occur  in  an  essential  sector  such  as  healtn,  energy,  or  transportation,  the 
Government  may  order  the  workers  back  to  work  for  a  specific  period.  This  did  not 
occur  in  1997.  The  Government  has  rarely  invoked  this  power,  in  part  because  most 
strikes  are  limited  to  1  to  3  days.  The  law  requires  a  "minimum  level  of  service" 
to  be  provided  during  strikes  in  essential  sectors,  but  this  reqruirement  has  been  in- 
frequently applied.  When  it  has,  minimum  levels  of  service  nave  been  established 
by  agreement  between  the  Government  and  the  striking  unions,  although  unions 
have  complained,  including  to  the  International  Labor  Organization,  that  the  mini- 
mum levels  have  been  set  too  high.  When  collective  bargaining  fails,  the  Govern- 
ment may  appoint  a  mediator,  at  the  request  of  either  management  or  labor. 

The  law  prohibits  antiunion  discrimination,  and  the  authorities  enforce  this  prohi- 
bition in  practice.  Complaints  are  promptly  examined  by  the  General  Directorate  of 
Labor. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  labor,  including  by  chil- 
dren, is  prohibited  and  does  not  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — On  Janu- 
ary 1,  the  minimum  working  age  was  raised  from  15  to  16  years.  The  Government 

Srohibits  forced  and  bonded  child  labor  and  enforces  this  prohibition  effectively  (see 
ection  6.c.). 

The  two  main  labor  federations  and  observers  from  other  European  countries  have 
charged  that  a  number  of  companies  in  the  footwear,  textile,  construction,  and  hotel 
industries  exploit  child  labor.  The  Ministry  of  Employment's  Inspectorate  General 
of  Labor  (IGT)  reports  that  hundreds  of  children  under  age  16  are  employed  ille- 
gally, mainly  in  the  northern  cities  of  Porto  and  Braga,  but  that  the  number  is  de- 
clining. Union  observers  agree  that  the  number  of  illegally  employed  children  is  fall- 
ing but  believe  that  the  Government  should  allocate  more  resources  to  combat  the 
problem. 


1232 

The  Government  created  the  National  Commission  to  Combat  Child  Labor 
(CNCTI)  in  1996  with  the  aim  of  eradicating  child  labor.  The  Commission  coordi- 
nates the  efforts  of  the  four  ministries  with  primary  responsibility  for  combating 
chUd  labor  Employment,  Education,  Social  Security,  and  Justice.  It  has  stiffened 
sanctions  against  companies  caught  violating  the  minimum  working  age  law,  devel- 
oped alternative  curriculums  for  schools  to  retain  students,  and  targeted  subsidies 
for  poor  families  vulnerable  to  the  temptation  to  permit  their  underage  children  to 
work.  The  "medium-term  social  pact"  signed  by  Dusiness,  labor,  and  government 
representatives  in  1996  contains  a  specific  commitment  to  support  CNCTI's  oper- 
ations. 

In  1997  the  CNCTI,  the  Ministry  of  Employment,  and  the  General  Union  of  Work- 
ers (UGT)  undertook  a  public  education  campaign  targeted  at  high-risk  communities 
to  convince  parents  to  Keep  their  children  m  school.  The  Ministry  of  Employment 
published  a  blacklist"  of  companies  caught  illegally  employing  children  and  denied 
those  c»mpanies  access  to  European  Union  funding  or  beneuts. 

e.  Acceptable  Conditions  of  Work. — ^Minimum  wage  legislation  covers  full-time 
workers  as  well  as  rural  workers  and  domestic  employees  ages  18  years  and  over. 
For  1997  the  monthly  minimum  wage  was  about  $315  (Esc  56,700)  and  was  gen- 
erally enforced.  Along  with  widespread  rent  controls,  basic  food  and  utility  sub- 
sidies, and  phased  implementation  of  a  minimum  guaranteed  income,  the  minimum 
wage  affords  a  basic  standard  of  living  for  a  worker  and  family.  Average  monthly 
earnings  range  from  about  $460  (Esc  83,469)  for  skilled  and  low-level  personnel  to 
about  $1,580  (Esc  284,263)  for  higher  management  personnel. 

Employees  generally  receive  14  months'  pay  for  11  months'  work:  1  month's  pay 
for  a  Christmas  bonus,  1  for  a  vacation  subsidy,  and  1  for  22  days  of  annual  leave. 
The  maximum  legal  workday  is  8  hours  and  the  maximum  workweek  is  40  hours. 
For  public  sector  employees,  the  maximum  workweek  is  39  hours,  with  a  reduction 
to  35  hours  to  be  phased  in  by  1999.  There  is  a  maximum  of  2  hours  of  paid  over- 
time per  day  and  2(X)  hours  of  overtime  per  year,  with  a  minimum  of  12  nours  be- 
tween workdays.  The  Ministry  of  Employment  and  Social  Security  monitors  compli- 
ance through  its  regional  inspectors. 

Employers  are  legally  responsible  for  accidents  at  work  and  are  required  by  law 
to  carry  accident  insurance.  An  existing  body  of  legislation  regulates  safety  and 
health,  but  labor  unions  continue  to  argue  for  stiffer  laws.  The  (General  Directorate 
of  Hygiene  and  Labor  Security  develops  safety  standards,  and  the  General  Labor 
Inspectorate  is  responsible  for  their  enforcement,  but  the  Inspectorate  lacks  suffi- 
cient funds  £md  inspectors  to  combat  the  problem  of  work  accidents  effectively.  A 
relatively  large  proportion  of  accidents  is  in  the  construction  industry.  Poor  environ- 
mental controls  in  textile  production  also  cause  considerable  concern.  While  the  abil- 
ity of  workers  to  remove  themselves  from  situations  where  these  hazards  exist  is 
limited,  it  is  difficult  to  fire  workers  for  any  reason.  Workers  injured  on  the  job  rare- 
ly initiate  lawsuits. 


MACAU 

Macau,  a  13-square-mile  enclave  on  the  south  China  coast,  is  recognized  by  both 
China  and  Portugal  as  Chinese  territory  under  Portuguese  administration.  The  "Or- 
ganic Statute"  of  1976,  which  serves  as  the  constitution,  grants  it  considerable  ad- 
ministrative, financial,  and  legislative  autonomy.  Both  the  (Jovemor  and  the  Legis- 
lative Assembly  excercise  legislative  power.  The  Governor,  appointed  by  the  Por- 
tuguese President,  holds  extensive  jwwers  under  the  Organic  Statute. 

Under  the  1987  Sino-Portuguese  joint  declaration,  Macau  will  become  a  Special 
Administration  Region  of  China  on  December  20,  1999,  and  operate  under  the  prin- 
ciple of  "one  country,  two  systems,"  to  remain  unchanged  for  50  years.  The  future 
constitution,  the  "Basic  Law,"  was  promulgated  by  China's  National  People's  Con- 
gress on  March  31,  1993. 

Portuguese  metropolitan  law  serves  as  the  basis  for  the  legal  system,  which  fea- 
tures a  judiciary  and  public  trials.  The  police  force  maintains  public  order  and  is 
under  civilian  control. 

The  mariiet-based  economy  is  fueled  by  textile  and  garment  exports,  along  with 
tourism  and  gambling.  A  depressed  real  estate  maricet  and  stagnant  exports  have 
limited  economic  growth  in  recent  years,  a  trend  that  continued  in  1997.  Despite 
the  economic  downturn,  most  citizens  still  enjoy  a  high  standard  of  living. 

Although  the  people  of  Macau  enjoy  a  wide  range  of  rights  and  freedoms  as  resi- 
dents of  a  Portuguese-administered  territory,  they  have  limited  ability  to  change 
their  government.  Voters  directly  elect  only  one-third  of  the  legislators,  and  the  ter- 


1233 

ritory's  future  path  has  been  set  by  the  Gfovemments  of  Portugal  and  China.  Legis- 
lation, effective  in  November  1995  provided  greater  equality  in  the  work  force  for 
women.  Although  China,  through  the  Basic  Law,  agreed  to  continue  the  application 
of  international  covenants  on  civil  and  political  rights  and  on  economic,  social,  and 
cultural  rights  after  1999,  human  rights  activists  remain  concerned  that  China 
made  no  obligation  to  submit  regular  reports  in  these  areas.  There  are  credible  re- 
ports that  media  self-censorship  continues  on  issues  considered  to  be  sensitive  to 
China. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politicallv  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Such  abuses  are  prohibited  by  law,  and  the  authorities  respect  this  in  practice.  Pris- 
on conditions  meet  minimum  international  standards,  and  the  Government  permits 
visits  by  human  rights  monitors.  Human  rights  groups  have  expressed  concern  that 
there  has  been  no  agreement  within  the  Sino-Portuguese  Joint  Liaison  Group  on  the 
application  to  Macau  of  the  Covenant  against  Torture  and  Other  Cruel,  Inhuman 
or  Degrading  Treatment  or  Punishment,  although  both  Portugal  and  China  have 
ratified  the  covenant. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Legal  prohibitions  against  arbitrary  ar- 
rest exist,  and  the  authorities  respect  them  in  practice.  The  examining  judge,  who 
conducts  a  pretrial  inquiry  in  criminal  cases,  has  a  wide  range  of  powers  to  collect 
evidence,  order  or  dismiss  indictments,  validate  and  maintain  the  detention  of  sus- 
pects, and  determine  whether  to  release  detained  persons.  Police  must  present  per- 
sons remanded  in  custody  to  an  examining  judge  within  48  hours  of  detention.  The 
accused's  counsel  may  examine  the  evidence.  If  the  judge  is  not  convinced  that  the 
evidence  is  adequate,  he  may  dismiss  the  detainee. 

Forced  exile  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — Changes  to  the  judicial  system  in  1993  designed 
to  render  the  system  autonomous  from  the  Portuguese  system — required  to  bring 
the  system  into  conformity  with  the  structure  for  the  judicial  system  specified  in  the 
Basic  Law — raised  some  concerns  among  human  rights  observers  and  journalists. 
Prior  to  the  reorganization,  the  judiciary  nad  only  subordinate  (first  instance)  courts 
located  in  the  territory.  In  the  first  stage  of  the  reforms,  new  courts,  most  notably 
a  Superior  Court  of  Justice,  were  established  to  allow  appeals  to  be  heard  locally. 

The  Superior  Court  consists  of  six  magistrates  divided  into  two  panels,  one  of 
which  hears  only  administrative,  fiscal,  and  customs  duties  cases;  the  other  oversees 
all  other  cases.  An  additional  jud^e  serves  as  President  of  the  Court.  Cases  before 
the  Superior  Court  are  heard  initially  by  the  relevant  panel  of  three  judges.  In  in- 
stances in  which  a  judgment  has  been  rendered  by  sucn  a  panel  and  subsequently 
appealed,  the  case  is  then  heard  by  all  six  judges,  with  the  F*resident  voting  onlv 
in  case  of  a  tie.  This  structure  results  in  a  situation  in  which  three  of  the  individ- 
uals hearing  an  appeal  have  already  rendered  an  opinion  in  the  initial  judgment. 
Critics  charge  that  this  calls  into  question  the  objectivity  of  the  subsequent  ruling. 
Until  full  autonomy  of  the  courts  is  achieved,  however,  some  special  appeal  cases 
may  still  be  either  presented  directly  to  courts  in  Portugal  or  sent  to  them  through 
a  local  court. 

Journalists  and  human  rights  activists  have  also  voiced  concerns  that,  as  a  result 
of  the  1993  reforms,  judges  and  public  prosecutors  are  now  appointed  by  the  Gov- 
ernor based  on  proposals  made  by  two  administrative  boards  of  the  judiciary.  The 
Supreme  Council  oi  Justice,  recommends  judges  for  appointment  to  the  Macau  Su- 

Serior  Court  as  well  as  the  local  attorney  general,  and  the  Judiciary  Council  of 
lacau,  which  recommends  judges  for  the  common  courts  and  delegates  to  the  public 
f)ro8ecutor's  office.  In  particular,  critics  charge  that  the  strong  ties  members  of  the 
atter  group  have  to  the  executive  branch  and  to  China  raise  questions  about  the 
independence  of  the  judiciary,  particularly  as  judges  and  public  prosecutors  rely  on 
the  Judiciary  Council  to  win  renewal  of  their  3-year  assignments.  The  3-year  ap- 
pointment 01  judges  differs  from  the  practice  in  Portugal,  where  appointments  are 
generally  for  life. 

The  law  provides  for  a  fair  trial,  and  this  is  generally  observed.  The  Constitution 
provides  for  the  right  of  access  to  law  and  the  courts,  and  the  authorities  respect 
this  right  in  practice.  The  Criminal  Procedure  Code  expressly  provides  for,  among 
other  tnings,  the  accused's  right  to  be  present  during  proceedings,  to  be  heard  by 
a  judge,  and  to  choose  an  attorney  or  request  that  one  be  provided. 


1234 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Laws 
provide  for  the  inviolability  of  the  home  and  of  communication,  the  right  of  owner- 
ship of  private  property  and  enterprises,  and  the  freedom  to  marry  ana  raise  a  fam- 
ily. The  Government  respects  these  rights  in  practice. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^The  law  provides  for  these  rights,  and  the  Gov- 
ernment respects  them  in  practice.  However,  some  journalists  and  human  rights  ac- 
tivists believe  that  the  practice  of  media  self-censorship  is  increasing  as  reversion 
approaches.  Critics  charge  that  the  leading  newspapers  are  pro-China  publications 
that  do  not  give  equal  attention  to  liberal  and  prodemocracy  voices.  Local  journalists 
continue  to  oppose  a  government  proposal  to  establish  a  press  council  to  monitor  the 
press  and  advise  the  Government  of  press  issues. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice.  Under  local  law,  individuals 
and  groups  intending  to  hold  peaceful  meetings  or  demonstrations  in  public  places 
are  required  to  notify  the  President  of  the  relevant  municipal  council  m  writing  at 
least  3  days  but  no  more  than  2  weeks  in  advance  of  the  event;  no  prior  authoriza- 
tion is  necessary  for  the  event  to  take  place,  however. 

c.  Freedom  of  Religion. — ^Portuguese  law  as  extended  to  Macau  provides  for  free- 
dom of  religion,  and  the  Government  respects  this  right  in  practice.  Human  rights 
groups  have  expressed  concern,  however,  that  the  Legislative  Assembly  thus  far  nas 
failed  to  establish  these  rights  in  local  law. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice. 

The  Government  has  assisted  in  the  resettlement  of  Vietnamese  boat  people.  Only 
seven  Vietnamese  refugees  remain  in  Macau.  All  other  boat  people  have  emigrated 
to  host  countries. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
Citizens  have  a  limited  ability  to  change  their  government.  The  23-member  Legis- 
lative Assembly  is  composed  oi  8  members  elected  in  direct  elections;  8  indirectly 
elected  by  local  community  interests;  and  7  appointed  by  the  Governor.  The  Consult- 
ative Council,  an  advisory  group  to  the  Governor  composed  of  elected  and  appointed 
members,  also  provides  some  measure  of  popular  representation.  By  tradition  the 
Government  also  consults  informally  on  a  regular  basis  with  local  business  and  cul- 
tural leaders.  Although  the  Legislative  Assembly  can  enact  laws  on  all  matters  ex- 
cept those  reserved  for  bodies  in  Portugal  or  the  Governor,  in  reality  the  Governor 
imtiates  the  vast  majority  of  legislation,  either  directly  through  "decree-laws"  or  in 
the  form  of  bills  that  require  that  he  receive  the  permission  of  the  Legislative  As- 
sembly prior  to  issuing  legislation.  In  1996  The  Governor  issued  71  percent  of  all 
legislation  and  the  Legislative  Assembly  generated  29  percent;  a  similar  breakdown 
is  likely  for  the  1997  legislative  year.  While  the  Legislative  Assembly  has  the  legal 

Sower  to  refuse  to  ratify  laws  issued  by  the  Governor,  in  practice  this  is  seldom 
one. 

Although  women  traditionally  have  played  a  minor  role  in  local  political  life,  they 
increasingly  hold  senior  positions  throughout  the  administration.  The  Legislative 
Assembly  currently  has  tnree  female  members  including  the  President  of  the  As- 
sembly, the  second  most  senior  position.  According  to  Government  statistics,  women 
now  hold  38  percent  of  senior  government  positions. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Human  rights  groups  operate  without  government  restriction,  investigating  and 
publishing  findings  on  human  rights  cases. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

While  the  Constitution  does  not  explicitly  proscribe  discrimination  based  on  race, 
sex,  religion,  disability,  language,  or  social  status,  it  does  incorporate  the  principle 
of  nondiscrimination.  Separate  Taws  provide  for  many  of  these  rights.  Access  to  edu- 
cation, for  example,  is  stipulated  for  all  residents  regardless  of  race,  religious  belief, 
or  political  or  ideological  convictions  under  the  law  that  establishes  the  general 
framework  for  the  educational  system. 

Women. — Violence  against  women  is  not  common.  For  cases  that  are  reported,  the 
authorities  enforce  criminal  statutes  prohibiting  domestic  violence  ana  prosecute 


1235 

violators.  Police  and  doctors  report  abuses  to  the  Social  Welfare  Department,  which 
investigates  them.  K  hospital  treatment  is  required,  a  medical  socifil  worker  coun- 
sels the  victim  and  informs  her  about  social  welfare  services.  Until  their  complaints 
are  resolved,  battered  women  may  be  provided  public  housing,  but  no  facilities  are 
reserved  expressly  for  them.  The  United  Nations  Human  Rights  Committee,  in  re- 
sponding to  the  Government's  submission  on  the  application  of  the  International 
Covenant  on  Civil  and  Political  Ri^ts  in  April,  expressed  some  concern  over  traf- 
ficking in  women  for  the  purposes  of  prostitution  m  Macau.  The  Government  re- 
sponded that  it  had  taken  measures  to  end  such  exploitation  of  women  by  organized 
crime. 

Women  are  becoming  more  active  and  visible  in  business  and  government,  and 
some  enjoy  considerable  influence  and  responsibility  in  these  areas.  The  Govern- 
ment estimates  that  women  account  for  43  percent  of  the  work  force.  Equal  oppor- 
tunity legislation  enacted  in  1995,  applicable  to  all  public  and  private  organizations, 
manaates  that  women  receive  equal  pay  for  equal  work,  states  that  discrimination 
based  on  sex  or  physical  ability  is  not  permitted,  and  establishes  penalties  for  em- 
ployers who  violate  these  guidelines. 

Children. — ^The  Government  has  not  promulgated  any  statutes  specifically  to  pro- 
tect the  rights  of  children,  relying  on  the  general  framework  of  civil  and  political 
rights  legislation  to  protect  all  citizens.  However,  the  Government  seeks  to  protect 
the  health  and  well-being  of  children,  who  represent  a  growing  share  of  the  popu- 
lation. The  Social  Welfare  Institute  is  charged  with  implementing  programs  de- 
signed to  provide  services  for  children.  A  government-sponsored  panel,  set  up  to 
study  the  proxasion  of  social  services  to  Chinese  families,  recommended  in  1995  that 
greater  effort  be  expended  to  address  the  need  for  additional  educational  and  other 
services  for  children.  School  attendance  is  not  compulsory;  however,  social  services 
officials  report  that  the  vast  majority  of  residents'  minor  children  attend  school. 
Basic  education  is  provided  in  government-run  schools  and  subsidized  private 
schools,  and  covers  the  preprimary  year,  primary  education,  and  general  secondary 
school  education.  The  Education  Department  provides  assistance  to  families  of  those 
children  who  cannot  pay  school  fees.  The  children  of  illegal  immigrants  are  excluded 
from  the  educational  system  (see  Section  6.d.). 

Child  abuse  and  exploitation  are  not  widespread  problems. 

People  With  Disabilities. — The  extent  to  which  physically  disabled  persons  experi- 
ence discrimination  in  employment,  education,  and  the  provision  of  state  services  is 
not  fiilly  known.  In  the  past,  the  Government  provided  Rttle  funding  for  special  pro- 
grams aimed  at  helping  the  physically  and  mentally  disabled  gain  better  access  to 
employment,  education,  and  public  facilities,  and  has  not  mandated  accessibility  for 
the  disabled,  legislatively  or  otherwise.  The  Government's  lack  of  attention  to  this 
problem  was  highlighted  in  an  April  report  of  the  U.N.  Human  Rights  Committee 
in  response  to  the  Government's  submission  on  the  application  of  the  International 
Covenant  on  Civil  and  Political  Rights  in  Macau.  According  to  the  Government, 
these  shortcomings  are  being  addressed  through  newly  implemented  programs.  The 
Social  Welfare  Department  provides  funds  to  private  organizations  to  help  disabled 
persons.  Since  1992  it  has  instituted  four  day  care  centers  for  children  and  adults 
with  mental  disabilities,  providing  buildings  and  technical  support  while  the  private 
groups  administer  the  facilities.  A  residential  halfway  house  for  mentally  ill  patients 
after  release  from  institutionalization  has  also  been  established. 

National  / Racial  / Ethnic  Minorities. — Althou^  the  governmental  and  legal  sys- 
tems place  a  premium  on  knowledge  of  the  Portuguese  language,  which  is  spoken 
by  less  than  4  percent  of  the  population,  the  Chinese  language  received  official  sta- 
tus in  1993,  and  the  use  of  Chinese  in  the  civil  service  is  gfrowing.  According  to  Gov- 
ernment statistics,  bv  the  end  of  1996,  64  percent  of  senior  government  positions 
were  filled  by  individuals  born  in  Macau  or  in  the  People's  Republic  of  China.  Con- 
siderable public  pressure  remains  on  the  Government  to  speed  up  the  process  of 
making  the  civil  service  more  representative  of  the  population. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Portuguese  Constitution  reco^izes  the  right 
and  freedom  of  all  workers  to  form  and  join  trade  unions  and  pf  private  sector 
unions  to  strike,  and  these  rights  are  extended  to  Macau.  The  Government  neither 
impedes  the  formation  of  trade  unions  nor  discriminates  against  union  members. 
Human  rights  groups  are  concerned  that  no  similar  ri^ts  and  protections  have 
been  incorporated  into  local  law.  ] 

People's  Republic  of  China  interests  heavily  influence  local  trade  union  activities, 
including  the  selection  of  union  leadership,  and  stress  the  importance  of  stability 
and  minimum  disruption  of  the  work  force.  Nearly  all  of  the  private  sector  union 
members  belong  to  a  pro-China  labor  confederation.  Many  local  observers  claim  that 


1236 

this  organization  is  more  interested  in  furthering  the  Chinese  political  agenda  than 
in  addressing  trade  union  issues  such  as  wages,  benefits,  and  working  conditions. 
A  few  private  sector  unions  and  two  of  the  four  jjublic  sector  unions  are  outside  Chi- 
nese control.  Although  the  Portuguese  Constitution  provides  woricers  with  the  right 
to  strike,  labor  leaders  complain  that  there  is  no  enective  protection  from  retribu- 
tion should  they  exercise  this  right.  The  Government,  for  its  part,  argues  that  provi- 
sions in  the  labor  law  requiring  an  employer  to  have  "justified  cause"  to  dismiss  an 
employee  protects  striking  employees  from  retaliation. 

Unions  may  freely  form  federations  and  affiliate  with  international  bodies.  Three 
civil  services  unions — representing  Portuguese,  Macanese,  and  Chinese  employees — 
are  affiliated  with  the  major  non-Communist  Portuguese  union  confederation. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Chinese  unions  tend  to  re- 
semble local  traditional  neighborhood  associations,  promoting  social  and  cultural  ac- 
tivities rather  than  issues  relating  to  the  workplace.  Local  customs,  moreover,  nor- 
mally favor  employment  without  tne  benefit  of  written  labor  contracts  except  in  the 
case  of  labor  from  China  and  the  Philippines.  Chinese  unions  traditionally  nave  not 
attempted  to  engage  in  collective  bargaining.  Portuguese  laws  protecting  collective 
bargaming  apply,  and  the  Government  does  not  impede  or  discourage  such  activity. 

Adthou^  tne  law  prohibits  antiunion  discrimination,  and  it  does  not  appear  to  be 
widespread,  representatives  from  some  civil  service  unions  have  raised  concerns 
during  the  year  over  government  practices  that  they  feel  disadvantage  them. 

There  are  no  export  processing  zones;  Macau  is  a  free  port. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Compulsory  labor  is  prohibited  by 
law,  and  no  cases  were  reported  during  the  year.  Children  are  covered  under  the 
existing  legislation  prohibiting  forced  or  bonded  labor,  although  they  are  not  speci- 
fied in  the  legislation. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^Forced 
and  bonded  labor  is  prohibited  by  law;  although  child  labor  is  not  specified  in  the 
law,  it  is  covered  by  tne  law's  provisions  and  there  were  no  reports  of  such  practices 
(see  Section  6.c.).  The  law  prohibits  minors  under  the  age  of^  16  from  woncing,  al- 
though there  is  a  provision  stating  that  minors  between  the  ages  of  14  and  16  can 
be  authorized  to  work  on  an  "exceptional  basis."  The  Labor  Department  enforces 
this  law  through  periodic  and  targeted  inspections,  and  refers  oftending  employers 
to  the  judicial  autnorities  for  prosecution.  The  incidence  of  child  labor  has  declined 
radicafly  since  effective  enforcement  began  in  1985,  and  there  are  only  a  few  cases 
reportea  each  year.  While  local  laws  do  not  establish  specific  regulations  governing 
the  number  of*^ hours  children  can  work.  International  Labor  Organization  conven- 
tions are  applied. 

e.  Acceptable  Conditions  of  Work. — ^While  local  labor  laws  establish  the  general 

Principle  of  fair  wages — including  the  definition  and  calculation  of  wages — and  man- 
ate  compliance  with  wage  agreements,  no  legislated  minimum  wage  exists.  In  the 
absence  of  any  statutory  minimum  wage  or  publicly  administered  social  security 
programs,  some  large  companies  have  provided  private  welfare  and  security  pack- 
ages. Labor  activists  charge  that  the  absence  of  a  government-backed  social  security 
fund  leaves  many  workers  vulnerable. 

Labor  legislation  provides  for  a  48-hour  workweek,  an  8-hour  workday,  overtime, 
annual  leave,  medical  and  maternity  care,  and  employee  compensation  insurance. 
Although  the  law  provides  a  24-hour  rest  period  for  every  7  days  of  work,  worker 
representatives  report  that  workers  frequently  agree  to  work  overtime  to  com- 
pensate for  low  wages.  The  Department  of  Labor  provides  assistance  and  legal  ad- 
vice to  workers  on  request,  but  government  enforcement  of  labor  laws  is  lax  because 
of  limited  resources. 

A  significant  amount  of  the  total  work  force  (approximately  16  percent)  is  com- 
posed of  laborers  from  China  and  other  countries  who  fill  both  blue-  and  white-collar 
positions.  These  workers  often  work  for  less  than  half  the  wages  paid  to  a  Macau 
citizen  p>erforming  the  same  job,  live  in  controlled  dormitories,  work  10  to  12  hours 
a  day,  and  owe  large  sums  of  money  to  the  labor-importing  company  for  the  pur- 
chase of  their  job.  Tne  U.N.  Human  Rights  Committee,  in  responding  to  the  Govern- 
ment's submission  on  the  application  of  the  International  Covenant  on  Civil  and  Po- 
litical Rights,  noted  the  lack  of  protective  measures  for  working  conditions  and  the 
absence  of  social  security  programs  for  nonresident  workers  as  an  area  of  concern. 
Labor  interests  claim  that  the  high  percentage  of  imported  labor  erodes  the  bargain- 
ingpower  of  local  residents  to  improve  working  conditions  and  increase  wages. 

The  Department  of  Labor  enforces  occupational  safety  and  health.  Failure  to  cor- 
rect infractions  can  lead  to  government  prosecution.  Although  the  law  includes  a  re- 
quirement that  employers  provide  a  safe  working  environment,  no  explicit  provi- 
sions exist  to  protect  employees'  right  to  continued  employment  if  they  refuse  to 
work  under  dangerous  conditions. 


ROMANIA 

Romania  is  a  constitutional  democracy  with  a  multiparty,  bicameral  parliamen- 
tary system,  a  head  of  government  (prime  minister),  a  directly  elected  head  of  state 
(president),  and  a  separate  judiciary.  Despite  a  recent  reorganization  of  the  judicial 
system,  the  executive  branch  exercises  influence  over  the  judiciary. 

The  Ministry  of  Internal  Affairs  supervises  the  police.  The  national  police  have 

Erimary  responsibility  for  security,  but  the  Government  may  call  on  the  army  and 
order  guard  to  assist  the  police  to  maintain  internal  order.  The  Romanian  Intel- 
ligence Service  (SRI)  carries  out  internal  intelligence  functions.  Elected  civilian  au- 
thorities exercise  full  control  over  the  security  forces,  many  of  whose  senior  officials 
were  replaced  by  the  Gk)vernment  in  1997.  Some  poUce  oflicers  conmiitted  serious 
human  rights  abuses. 

Romania  is  a  middle-income  developing  country  in  transition  from  a  centrally 
planned  to  a  market  economy.  In  1996  the  private  sector  accounted  for  about  52  per- 
cent of  gross  domestic  product  (GDP)  and  employed  53.5  percent  of  the  work  force, 
primarily  in  agriculture  and  services.  Although  privatization  is  under  way,  heavy 
industry  still  consists  largely  of  state-owned  enterprises.  The  economy  is  expected 
to  contract  by  2  to  3  percent  in  1997.  The  GDP  for  1997  is  projected  to  be  about 
$1,500  per  capita.  Exports  rose  over  56  percent  from  1993  to  1996  but  were  expected 
to  show  minimal  growth  this  year.  Inflation  was  down  to  56.9  percent  in  1996  but 
rose  to  about  130  percent  by  year's  end  as  the  marketplace  rather  than  the  (jovem- 
ment  began  to  determine  the  price  of  goods. 

The  Government  generally  respected  the  human  rights  of  its  citizens;  however, 
several  serious  problems  remained.  Police  continued  to  beat  detainees.  The  Govern- 
ment investigated  police  officers  suspected  of  abuse  and  indicted  oflicers  accused  of 
criminal  activities  in  military  courts.  However,  investigations  of  police  abuses  are 
generally  lengthy  and  indeterminate,  and  rarely  result  in  prosecutions  or  punish- 
ment. Poor  prison  conditions  led  to  hunger  strikes  and  violent  protests  in  February. 
The  judiciary  remains  subject  to  executive  branch  influence,  altnough  it  was  reorga- 
nized and  is  increasingly  independent.  Discrimination  and  violence  against  women 
remained  serious  problems.  A  large  number  of  impoverished  and  apparently  home- 
less children  continued  to  roam  the  streets  of  large  cities.  Government  and  societal 
harassment  of  religious  minorities  was  a  problem.  Discrimination  and  violence 
against  Roma  continued. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

In  Meirch  Amnesty  International  issued  a  report  questioning  the  use  of  firearms 
by  police  against  unarmed  petty  criminal  suspects  in  11  incidents  between  1995  and 
1997.  Three  fatalities  resulted,  and  only  two  police  officers  have  been  indicted. 

In  1996  Gabriel  Carabulea  died  after  3  days  in  police  custody,  during  which  he 
reportedly  was  severely  beaten.  After  initially  ruling  that  there  were  no  grounds  for 
an  indictment  of  the  police,  the  military  prosecutor's  office  reopened  its  investiga- 
tion, which  is  ongoing. 

According  to  the  Government,  the  chief  of  police  in  Valcele  was  indicted  in  June 
for  the  illegal  use  of  his  weapon  in  the  1996  killing  of  Mircea-Muresul  Mosor,  a  Rom 
from  Comani  who  was  shot  and  killed  while  in  police  custody.  A  trial  was  pending 
at  year's  end.  The  Military  Prosecutor's  Office  during  the  year  reopened  the  inves- 
tigation into  the  case  of  Istvan  Kiss,  an  ethnic  Hungarian  allegedly  beaten  to  death 
by  police  in  1995. 

In  several  earlier  cases  of  deaths  in  custody  or  deaths  reportedly  due  to  police 
brutality,  investigations  and  trials  are  still  dragging  on,  years  later. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  and  inhuman  or  degrading  punishment  or  treat- 
ment, and  these  prohibitions  were  generally  respected  in  practice.  Nevertheless, 
there  were  credible  reports  that  police  continued  to  beat  detainees. 

In  Piatra  Neamt  in  February  police  reportedly  beat  Ion  Bursuc.  In  Berceni  police 
arrested  and  allegedly  beat  loana  Enuta  in  May.  These  cases  remain  under  inves- 
tigation. 

In  January  the  United  Nations  Special  Rapporteur  on  Torture  and  other  Cruel, 
Inhuman,  or  Degrading  Treatment  or  Punishment  reported  that  he  had  received  al- 
legations of  torture  and  mistreatment  during  detention,  usually  at  police  stations. 
Police  officers  allegedly  often  used  force  during  interrogations  to  obtain  confessions. 


1238 

Adrian  Sarbu  and  Mihai  Alexandrescu  complained  that  they  were  beaten  by  a 
group  of  nine  policemen  on  December  11,  1996,  after  a  verbal  dispute.  Two  police- 
men were  identified  and  arrest  warrants  were  sworn  out  against  them.  The  1996 
beatings  of  engineer  Apostolescu  and  his  nephew,  Mihai  Damian,  and  Constantin 
Balasa  are  also  under  investigation  but  have  not  yet  been  resolved. 

Judicial  cases  involving  military  personnel  and  the  police  are  tried  in  military 
courts.  Local  and  international  human  rights  groups  criticize  this  system,  claiming 
that  the  military  prosecutor's  investigations  are  unnecessarily  lengthy  and  often 
purposefully  inconclusive  and  that  the  military  courts  sometime  block  proper  inves- 
tigation of  alleged  police  abuses. 

Prison  conditions  are  poor,  facilities  are  overcrowded  and  unhealthy,  and  medical 
assistance  is  meager.  Human  rights  organizations  continued  to  report  abuse  of  pris- 
oners by  other  prisoners  and  prison  authorities.  Prisons  continued  to  use  the  "cell 
boss"  system,  in  which  some  prisoners  are  designated  to  be  in  semiofficial  charge 
of  other  prisoners.  In  February,  following  hunger  strikes  and  other — sometimes  vio- 
lent— protest  actions  started  by  inmates  in  nine  cities  to  publicize  their  pli^t,  both 
private  and  public  television  stations  covered  the  state  of  prison  conditions:  over- 
crowding, lice,  and  bedbugs,  visible  particulate  matter  in  the  drinking  water  (at 
Jilava  pTison),  and  inadequate  shower  and  toilet  facilities.  In  another  instance,  pris- 
oners became  ill  after  eating  food  that  had  been  contaminated  with  rat  feces.  The 
single  penitentiary  hospital  suffers  from  overcrowding  and  too  few  doctors.  The  Gov- 
ernment responded  to  the  hunger  strikes  and  protests  by  granting  early  parole  to 
elderly,  pregnant,  juvenile,  and  first-time  or  minor  offenders  and  accelerating  con- 
struction of  new  prisons  to  relieve  overcrowding. 

The  Grovemment  permits  visits  by  human  rights  monitors,  and  several  nongovern- 
mental organizations  (NGO's)  made  such  visits. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  forbids  the  detention  of  anyone 
for  more  than  24  hours  without  an  arrest  order  from  a  prosecutor,  who  may  order 
detention  for  up  to  30  days.  Authorities  generally  respected  this  provision  in  prac- 
tice. Detainees  have  the  right  to  apply  for  bail  and  may  ask  for  a  hearing  before 
a  judge.  Such  a  request  must  be  granted  within  24  hours.  In  the  absence  of  a  re- 
quest, however,  the  authorities  may  hold  a  person  for  up  to  65  days  without  a  court 
order. 

Police  often  do  not  inform  citizens  of  their  rights.  The  law  requires  the  authorities 
to  inform  arrestees  of  the  charges  against  them  and  of  their  right  to  an  attorney 
at  all  stages  of  the  legal  process.  Police  must  notify  defendants  of  this  right  in  a 
language  they  understand  before  obtaining  a  statement.  However,  the  prosecutor's 
office  may  delay  action  on  a  request  for  a  lawyer  for  up  to  5  days  from  the  date 
of  arrest. 

Under  the  law,  minors  detained  by  police  and  placed  under  guard  in  a  Center  for 
the  Protection  of  Minors  are  not  consiaered  by  judicial  authorities  to  be  in  detention 
or  under  arrest.  Since  the  Penal  Code  does  not  apply  to  minors  in  these  centers 
until  their  cases  are  referred  to  a  prosecutor,  police  are  permitted  to  question  them 
without  restrictions  and  may  hold  those  suspected  of  criminal  offenses  in  such  cen- 
ters for  up  to  30  days.  This  law  appears  to  be  in  conflict  with  the  Constitution,  and 
both  Amnesty  International  and  local  human  ri^ts  groups  have  called  on  the  Gov- 
ernment to  change  it. 

There  were  no  political  detainees  in  1997,  although  a  number  of  officials  associ- 
ated with  the  former  government  who  were  investigated  on  charces  of  corruption 
publicly  complained  that  they  had  been  targeted  on  political  grounds. 

Exile  was  not  used  as  a  means  of  punishment. 

e.  Denial  of  Fair  Public  Trial. — Under  the  terms  of  a  1992  law,  the  judicial  branch 
is  independent  of  other  government  branches.  A  1997  revision  of  this  law  provides 
that  members  of  the  Superior  Council  of  the  Magistrature,  which  controls  the  selec- 
tion, promotion,  transfer,  and  sanctioning  of  judges,  be  appointed  by  the  justice  min- 
ister. 

The  1992  law  reestablished  a  four-tier  legal  system,  including  appellate  courts, 
which  had  ceased  to  exist  under  Communist  rule.  Defendants  have  final  recourse 
to  the  Supreme  Court  or,  for  constitutional  matters,  to  the  Constitutional  Court  es- 
tablished in  1992.  A  new  law  reorganizing  the  judicial  system  has  divided  the  Pros- 
ecutor General's  OfTice  into  16  local  offices  paralleling  the  appeals  court  structure 
and  established  one  office  at  the  Supreme  Court;  the  law  also  curtailed  certain  pow- 
ers of  the  prosecutor  general,  including  the  right  to  overturn  court  decisions  and 
move  cases  over  intervening  appeals  courts  to  the  Supreme  Court. 

The  law  provides  for  fair  public  trial  and  a  presumption  of  innocence.  The  Penal 
Code  requires  that  an  attorney  be  appointed  for  a  defendant  who  cannot  afford  legal 
representation  or  is  otherwise  unable  to  select  counsel.  In  practice,  the  local  bar  as- 
sociation provides  attorneys  to  indigents  and  is  compensated  by  the  Ministry  of  Jus- 


1239 

tice.  Either  a  plaintiff  or  defendant  may  appeal.  These  provisions  of  the  law  are  re- 
spected in  practice.  The  law  provides  that  confessions  extracted  as  a  result  of  police 
brutality  may  be  withdrawn  by  the  accused  when  brought  before  the  court. 

With  the  aim  of  protecting  citizens  against  abuses  or  capricious  acts  of  public  ofli- 
cials,  a  law  establishing  an  Ombudsman's  Office  was  promulgated  in  March. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  protection  agamst  the  search  of  a  residence  without  a  war- 
rant, but  this  protection  is  subordinate  to  "national  security  or  public  order."  The 
1992  National  Security  Law  defines  national  security  very  broadly  and  lists  as 
threats  not  only  crimes  such  as  terrorism,  treason,  espionage,  assassination,  and 
armed  insurrection,  but  also  totalitarian,  racist,  and  anti-Semitic  actions,  or  at- 
tempts to  change  the  existing  national  borders.  Security  officials  may  enter  resi- 
dences without  proper  authorization  from  a  prosecutor  if  they  deem  a  threat  to  na- 
tional security  to  be  "imminent." 

The  Constitution  states  that  the  privaw  of  legal  means  of  communication  is  invio- 
lable; thus,  the  Romanian  Intelligence  Service  is  legally  prohibited  from  engaging 
in  political  acts  (for  example,  wiretapping  on  behalf  of  the  government  for  politicd 
reasons).  However,  the  law  allows  security  services  to  engage  in  such  monitoring  on 
national  security  grounds  ater  obtaining  authorization. 

Similarly,  although  the  law  requires  the  SRI  to  obtain  a  warrant  from  a  prosecu- 
tor to  carry  out  intelligence  activities  involving  "threats  to  national  security,  it  may 
engage  in  a  wide  variety  of  operations,  including  "technical  operations,"  to  deter- 
mine if  a  situation  meets  the  legal  definition  of  a  threat  to  national  security. 

In  1997  there  were  no  confirmed  instances  of  interference  with  individual  citizens' 
right  to  privacy  by  the  authorities.  Mail  continued  to  be  opened,  but  the  authorities 
place  the  blame  for  this  on  postal  workers  and  freight  handlers  looking  for  money 
or  other  valuables.  Protestant  church  groups  also  continued  to  complain  of  opened 
correspondence,  although  there  were  no  reports  of  telephone  tapping. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^Although  the  Constitution  provides  for  freedom 
of  expression  and  prohibits  censorship,  it  limits  the  bounds  of  free  expression  by 
prohioiting  "defamation  of  the  country."  The  Government  respected  the  constitu 
tional  provisions  in  practice.  An  updated  Penal  Code  passed  by  Parliament  in  1996 
rectified  many  of  the  shortcomings  of  the  former  Communist-era  code.  However,  the 
new  version  has  been  criticizea  by  human  rights  organizations  and  professional 
journalists  for  retaining  jail  terms  for  those  convicted  of  libel  or  slander,  including 
journalists. 

In  March  an  appeals  court  overturned  a  lower  court's  conviction  of  journalists 
Tana  Ardeleanu  and  Sorin  Rosea  Stanescu  for  seditious  libel.  The  two  were  con- 
victed in  1996  for  alleging  in  the  daily  Ziua  that  former  President  Ion  Iliescu  had 
ties  to  the  Soviet  KGB  intelligence  service.  Several  lesser-known  cases  involving 
journalists  and  penal  code  provisions  for  libel  were  also  tried. 

The  independent  media  continued  to  grow.  Several  hundred  daily  and  weekly 
newspapers  are  published.  Several  private  television  stations  broadcast  nationwide, 
with  the  largest  reaching  approximately  20  percent  of  the  rural  and  80  percent  of 
the  urban  market.  As  of  September,  59  private  television  stations  and  140  private 
radio  stations  were  broadcasting.  A  sizable  number  of  households  are  wired  for 
cable,  giving  significant  portions  of  the  population  access  to  both  orivate  and  foreign 
broadcasts.  While  Romanian  State  Television  (RTV)  and  Radio  Romania  remained 
the  only  national  broadcasters  capable  of  reaching  the  bulk  of  the  rural  population, 
independent  stations  continued  to  enlarge  their  coverage  throughout  the  country  by 
over-the-air  transmission,  cable,  and  satellite. 

The  1994  law  establishing  a  parliamentary-appointed  board  of  directors  for  RTV 
had  not  been  implemented  oy  year's  end,  and  RTV  continued  to  be  run  by  an  in- 
terim director.  Opposition  politicians  charged  that  the  Government  has  illegally  ap- 
pointed senior  RTV  ofTicials  sympathetic  to  government  views,  ignoring  regulations 
that  did  not  permit  such  nominations  to  take  place  without  parliamentary  consent. 

Foreign  news  publications  may  be  imported  and  distributed  freely,  but  high  costs 
limit  their  circulation. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  and  the  Government  respected  this  right  in  practice.  The  law 
on  public  assembly  provides  for  the  right  of  citizens  to  assemble  peacefully  while 
unarmed  but  states  that  meetings  must  not  interfere  with  other  economic  or  social 
activities  and  may  not  be  held  near  locations  such  as  hospitals,  airports,  or  military 
installations.  Organizers  of  demonstrations  must  inform  local  authorities  and  police 


1240 

before  the  event.  Authorities  may  forbid  a  public  gathering  by  notifying  the  organiz- 
ers in  writing  within  48  hours  of  receipt  of  the  request.  Tne  law  prohibits  the  orga- 
nization of,  or  participation  in,  a  counterdemonstration  held  at  the  same  time  as  a 
scheduled  public  gathering. 

The  law  forbids  public  gatherings  to  espouse  Communist,  racist,  or  Fascist 
ideologies,  or  to  commit  actions  contrary  to  public  order  or  national  security.  It  pun- 
ishes unauthorized  demonstrations  or  other  violations  by  imprisonment  and  fines. 

The  Constitution  provides  for  freedom  of  association,  and  the  Government  re- 
spects this  right  in  practice.  Political  parties  obtain  legal  status  if  they  have  at  least 
10,000  members.  (The  minimum  membership  required  was  increased  in  1996  in 
order  to  reduce  the  number  of  small  parties.)  Associations  may  obtain  legal  status 
with  proof  of  only  251  members. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  religious  freedom,  and  the 
Government  generally  does  not  impede  the  obsei'vance  of  religious  belief.  However, 
several  Protestant  denominations,  Jehovah's  Witnesses  the  most  prominent  among 
them,  continued  to  make  credible  allegations  that  low-level  government  officials  and 
Romanian  Orthodox  clergy  harassed  them  and  impeded  their  efforts  at  proselytizing 
and  worship. 

Under  the  provisions  of  1948  and  1989  decrees,  the  Government  recognizes  15  re- 
ligions; only  the  clergy  of  these  recognized  religions  are  eligible  to  receive  state  fi- 
nancial support.  The  State  Secretariat  for  Religious  Affairs  has  licensed  385  other 
faiths,  organizations,  and  foundations  as  religious  associations  under  two  1924  laws 
on  juridical  entities,  thereby  entitling  them  to  juridical  status  as  well  as  to  exemp- 
tions from  income  and  customs  taxes.  However,  religious  associations  may  not  build 
churches  or  other  buildings  designated  as  houses  of  worship  and  are  not  permitted 
to  perform  rites  of  baptism,  marriage  or  burial.  The  Romanian  Orthodox  Church, 
to  which  approximately  86  percent  of  the  population  nominally  adheres,  predomi- 
nates. The  official  registration  of  religious  associations  is  extremely  slow  because  of 
bureaucratic  delays;  in  this  regard,  the  State  Secretariat  for  Religious  Affairs  has 
been  criticized  by  smaller  religious  groups  for  its  obstructionist  tactics  in  favor  of 
the  Romanian  Orthodox  Church. 

The  Catholic  Church  of  the  Byzantine  Rite,  or  Greek  Catholic  Church,  also  en- 
countered difficulties  with  the  Romanian  Orthodox  Church  and  the  State  Secretar- 
iat for  Religious  Affairs.  The  Greek  Catholic  Church  was  illegally  disbanded  by  the 
Communists  in  1948  and  forced  to  merge  with  the  Romanian  Orthodox  Church.  The 
latter  received  most  of  the  former's  properties,  including  over  2,000  churches  and 
other  facilities.  In  1997  Greek  Catholics  continued  their  struggle  to  regain  their 
former  projierties,  but  a  bill  passed  in  the  Senate  that  would  have  restored  some 
Greek  Catholic  churches  to  their  original  owners  was  defeated  in  the  Chamber  of 
Deputies  due  to  strong  opposition  from  the  Orthodox  Church.  The  Secretary  of  State 
for  Religious  Affairs  spoke  on  behalf  of  the  Orthodox  Church  before  the  Senate,  de- 
spite the  nonpartisan  government  position  he  occupies. 

In  May  tlie  Government  restored  to  the  Jewish  community  six  properties  that  had 
been  seized  under  the  Communist  regime. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  places  no  restrictions  on  travel  within  the  country,  ex- 
cept in  the  case  of  certain  small  areas  reserved  for  military  purposes.  Citizens  who 
wish  to  change  their  place  of  work  or  residence  do  not  face  any  official  barriers.  The 
law  stipulates  that  citizens  have  the  right  to  travel  abroad  freely,  to  emigrate,  and 
to  return.  In  practice,  citizens  freely  exercise  these  rights. 

In  1991  Romania  signed  the  1951  U.N.  Convention  Relating  to  the  Status  of  Refu- 
gees and  its  1967  Protocol,  and  in  1996  a  refugee  law  was  passed,  providing  imple- 
menting legislation.  The  new  law  established  a  Refugee  Office  in  the  Interior  Min- 
istry to  receive,  process,  and  house  asylum  seekers. 

TTie  Government  cooperates  with  the  U.N.  High  Commissioner  for  Refugees 
(UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees  but  was  pro-' 
viding  temporary  accommodations  to  only  seven  asylum  seekers  as  of  June  30.  The 
issue  of  first  asylum  did  not  arise  in  1997. 

As  of  August  31,  a  total  of  900  refugees  and  asylum  seekers  depended  on  the 
UNHCR  for  their  subsistence,  including  food,  accommodations,  clothing,  medical  as- 
sistance, and  language  or  vocational  training. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  Constitution  provides  citizens  with  the  right  to  change  their  government 
through  periodic  and  free  elections  held  on  the  basis  of  universal  suffrage. 


1241 

The  Government  respected  legislation  passed  in  1996  that  prohibited  government- 
appointed  prefects  from  dismissing  elected  mayors  and  local  council  members  for  al- 
leged abuses  of  authority  prior  to  a  binding  legal  ruling  on  the  charges. 

In  the  wake  of  the  democratic  general  elections  of  November  1996,  the  govern- 
ment coalition  formed  by  the  Romanian  Democratic  Convention  (CDR)  and  the 
Union  of  Social  Democrats  (USD)  joined  forces  with  the  Hungarian  Democratic 
Union  of  Romania(UDMR).  These  parties,  along  with  a  number  of  smaller  constitu- 
ent parties  make  up  the  governing  coalition. 

There  are  no  legal  restrictions  on  the  participation  of  women  in  government  or 
politics,  but  societal  attitudes  are  a  signiflcant  impediment.  Women  hold  only  5.9 
percent  of  the  seats  in  Parliament  and  no  ministeri^  positions. 

The  Constitution  and  electoral  legislation  grant  each  recognized  ethnic  minority 
one  representative  in  the  Chamber  of  Deputies,  provided  that  the  minority's  politi- 
cal organization  obtains  at  least  5  percent  of  the  average  number  of  valid  votes 
needed  to  elect  a  deputy  outri^t  (1,784  votes  in  the  1996  elections).  Organizations 
representing  15  minority  groups  elected  deputies  under  this  provision  in  1996.  Eth- 
nic Hungarians,  represented  by  the  UDMK,  obtained  parliamentary  representation 
through  the  normal  electoral  process.  Roma  are  underrepresented  in  Parliament  be- 
cause of  low  Roma  voter  turnout  and  internal  divisions  that  worked  against  the  con- 
solidation of  votes  for  one  candidate,  organization,  or  party.  They  have  not  increased 
their  parliamentary  representation  beyond  the  one  seat  provided  through  the  Con- 
stitution and  electoral  legislation. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Domestic  human  rights  monitoring  groups  include  the  Romanian  Helsinki  Com- 
mittee (APADOR-CH),  the  independent  Romanian  Society  for  Human  Rights 
(SIRDO),  the  League  for  the  Defense  of  Human  Rights  (LADCJ),  the  Romanian  Insti- 
tute For  Human  Rights,  and  several  issue-specific  groups  such  as  the  Young  Gen- 
eration of  Roma  and  the  Center  for  Crisis  Intervention  and  Study,  also  a  Romani 
NGO.  Other  groups,  such  as  political  parties  and  trade  unions,  continued  to  main- 
tain sections  monitoring  the  observance  of  human  rights. 

These  groups,  as  well  as  international  human  rights  organizations,  functioned 
freely  without  government  interference.  However,  local  NGO  s  have  experienced  un- 
even cooperation  from  the  General  Inspectorate  of  Police,  which  is  responsible  for 
investigating  police  abuses. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  forbids  discrimination  based  on  race,  nationality,  ethnic  origin, 
language,  religion,  sex,  opinion  and  political  allegiance,  wealth,  or  social  back- 
ground. In  practice,  however,  the  Government  does  not  effectively  enforce  these  pro- 
visions, ana  women,  Roma,  and  other  minorities  are  subject  to  various  forms  oi  ex- 
tralegal discrimination.  Homosexuals  are  repwrtedly  the  victims  of  widespread  police 
brutality. 

Women. — Violence  against  women,  including  rape,  continued  to  be  a  serious  prob- 
lem. Both  human  rights  groups  and  women's  rights  organizations  credibly  reported 
that  domestic  violence  is  common.  There  are  no  support  facilities  for  victims,  and 
media  coverage  is  virtually  nonexistent.  According  to  government  statistics,  1,372 
rapes  were  reported  during  the  year  (613  were  reported  for  the  first  6  months  of 
1996).  Prosecution  of  rape  is  difficult  because  it  recjuires  both  a  medical  certificate 
and  a  witness,  and  a  rapist  will  not  be  punished  if  he  marries  the  victim.  There 
is  no  specific  legislation  aealing  with  spousal  abuse  or  rape,  and  successful  prosecu- 
tion of  spousal  rape  is  almost  impossible.  Police  are  often  reluctant  to  intervene  in 
instances  of  domestic  violence. 

Both  the  Constitution  and  international  conventions  signed  by  Romania  grant 
women  and  men  equal  rights.  In  practice,  however,  the  Government  does  not  ade- 
quately enforce  these  provisions,  nor  do  the  authorities  focus  attention  or  resources 
on  women's  issues. 

Few  resources  are  available  for  women  experiencing  economic  discrimination.  De- 
spite existing  laws  and  educational  equality,  women  have  a  higher  rate  of  unem- 
f)ioyment  than  men,  occupy  few  influential  positions  in  the  private  sector,  and  earn 
ower  average  wages.  In  1996  the  (government  created  a  department  in  the  Ministry 
of  Labor  and  Social  Protection  to  advance  women's  concerns  and  family  policies. 
This  department  organizes  programs  for  women,  proposes  new  laws,  monitors  legis- 
lation for  sexual  bias,  and  targets  resources  to  train  women  for  skilled  professions — 
especially  in  rural  areas — ana  to  address  problems  of  single  mothers.  However,  the 
Department  has  had  little  impact  to  date. 


1242 

Children. — ^The  Government  administers  health  care  and  public  education  pro- 
grams for  children,  despite  scarce  domestic  resources.  International  agencies  and 
NGO's  supplement  government  programs  in  these  areas. 

There  was  no  perceptible  pattern  of  abuse  against  children.  Nevertheless,  lai^e 
numbers  of  impoverished  and  apparently  homeless,  but  not  necessarily  orphaned, 
children  roamed  the  streets  of  the  larger  cities.  The  Government  does  not  have  sta- 
tistics defining  the  scope  of  the  problem.  NGO's  working  with  children  remained 
particularly  concerned  about  the  number  of  minors  detained  in  jail  and  prison. 
These  NGO's  continued  to  seek  alternative  solutions,  such  as  parole  for  juveniles. 
Because  time  served  while  awaiting  trial  counts  as  part  of  the  prison  sentence  but 
does  not  count  towards  time  to  be  served  in  a  juvenile  detention  center,  some  mi- 
nors actually  requested  prison  sentences. 

The  sexual  exploitation  of  children  continued  to  attract  press  attention,  and  the 
police  staged  a  few  high-publicity  arrests  of  foreign  pedophiles,  but  other  issues, 
such  as  adequate  legislation  to  protect  children,  received  less  attention.  The  law 
does  not  expressly  outlaw  pedophilia;  instead,  pedophiles  are  charged  with  rape,  cor- 
poral harm,  and  sexual  corruption. 

People  With  Disabilities. — Difficult  economic  conditions  and  serious  budgetary  con- 
straints contributed  to  very  difficult  living  conditions  for  those  with  physical  or  men- 
tal disabilities.  Many  disabled  people  cannot  make  use  of  government-provided 
transportation  discounts  because  public  transport  does  not  have  facilitated  access. 
Accessibility  for  the  disabled  to  buildings  and  public  transportation  is  not  mandated 
by  law. 

Religious  Minorities. — Most  mainstream  politicians  have  publicly  condenmed  anti- 
Semitism,  racism,  and  xenophobia.  However,  the  fringe  press  continued  to  publish 
anti-Semitic  harangues. 

The  Romanian  Orthodox  Church  has  attacked  the  "aggressive  proselytism"  of 
Protestant  and  neo-Protestant  groups  and  harassed  members  of  such  religious  mi- 
norities. Ten  Baptists  were  beaten  on  March  9  by  a  crowd  led  by  Romanian  Ortho- 
dox priests  in  the  village  of  Ruginoasa.  The  Romanian  Orthodox  Church  expressed 
its  disapproval  of  the  Orthodox  priests'  violent  behavior  and  the  Baptists'  pros- 
elytism, but  took  no  serious  disciplinary  action  against  its  priests.  Local  police  did 
not  intervene. 

National / Racial/ Ethnic  Minorities. — ^The  Government  created  a  Consultative 
Council  for  National  Minorities  in  1993  to  monitor  specific  problems  of  persons  be- 
longing to  ethnic  minorities,  to  establish  contacts  with  minority  groups,  to  submit 
f>roposal3  for  draft  legislation  and  administrative  measures,  to  maintain  permanent 
inks  with  local  authorities,  and  to  investigate  complaints.  This  Council  was  up- 
graded to  a  government  department  with  ministerial  status  after  the  November 
1996  general  elections  and  renamed  the  Department  for  the  Protection  of  National 
Minorities  (DPNM).  The  new  minister  is  an  ethnic  Hungarian  parliamentarian  from 
the  UDMR. 

Ethnic  Hungarians,  numbering  more  than  1.6  million,  constitute  the  largest  and 
most  vocal  minority,  and  the  UDMR  holds  36  seats  in  the  Parliament.  There  was 
no  violence  in  1997  associated  with  ethnic  Hungarian  issues,  despite  the  vitriolic  re- 
sponse of  nationalist  politicians  to  the  opening  of  a  Hungarian  consulate  in  the 
Transylvanian  city  of  Cluj  in  July.  Many  of  the  issues  addressed  in  the  Romanian- 
Hungarian  Treaty  of  1996  were  implemented.  There  has  also  been  progress  on  eco- 
nomic issues,  the  mutual  acceptance  of  degrees,  the  scheduling  of  high-level  visits, 
and  infrastructure  improvements  such  as  border  crossings. 

In  June  the  Government  issued  an  ordinance  modifying  the  1995  Education  Law. 
Students  may  now  take  all  university  entry  exams  in  the  language  in  which  they 
were  taught  at  school  and  may  pursue  vocational  studies  through  the  post-hi^ 
school  level  in  their  maternal  language.  In  July  the  Government  amended  the  1995 
education  law  with  a  decree  that  expanded  minority-language  education  in  a  num- 
ber of  areas.  The  amendment  met  with  strong  opposition  from  within  parties  in  the 
governing  coalition,  as  well  as  from  opposition  nationalist  parties.  The  Senate  voted 
in  December  to  curtail  the  provisions  of  the  decree,  but  the  Chamber  of  Deputies 
did  not  act  on  the  change  by  year's  end. 

The  Romani  population,  estimated  at  approximately  2  million  persons,  continues 
to  be  subject  to  societal  discrimination,  harassment,  beatings,  and  violence.  In  Janu- 
ary following  a  dispute  in  a  bar  in  the  village  of  Tanganu,  villagers  ransacked  the 
houses  of  several  Romani  families.  In  January  3  men  suspected:  of  leading  a  mob 
that  murdered  3  Roma  men  and  destroyed  17  Romani  homes  in  September  1993 
were  arrested.  This  case  and  others  involving  Romani  deaths  and  destruction  of 
Romani  property  were  still  under  investigation  by  prosecutors  or  review  by  the 
courts  at  the  end  of  August. 


1243 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^All  workers  except  public  employees  have  the  right 
to  associate  freely,  engage  in  collective  bargaining,  and  form  and  join  labor  unions 
without  previous  authorization.  Limitations  on  the  right  to  strike  apply  only  to  in- 
dustries that  the  Government  considers  critical  to  the  public  interest.  No  workers 
may  be  forced  to  join  or  withdraw  from  a  union,  and  union  officials  who  resign  from 
elected  positions  and  return  to  the  regular  work  force  are  protected  against  em- 
ployer retaliation.  'Hie  majority  of  wonters  are  members  of  about  18  nationwide 
trade  union  confederations  and  smaller  independent  trade  unions. 

Union  members  complain  that  unions  must  submit  grievances  to  government- 
sponsored  conciliation  before  initiating  a  strike  and  are  Trustrated  with  the  courts' 
propensity  to  declare  illegal  the  majority  of  strikes  on  which  they  have  been  asked 
to  rule.  Past  studies  have  indicated  that  the  labor  legislation  adopted  in  1991  falls 
short  of  International  Labor  Organization  (ILO)  standards  in  several  areas,  includ- 
ing free  election  of  union  representatives,  binding  arbitration,  and  financial  liability 
of  strike  organizers.  Although  the  1991  legislation  is  supportive  of  collective  bar- 
gaining as  an  institution,  the  contracts  that  result  are  not  always  enforceable  in  a 
consistent  manner. 

Unions  representing  divergent  sectors  of  the  economy  carried  out  strikes  in  1997. 
The  new  Government  has  not  followed  up  on  a  1995  ILO  recommendation  to  the 
previous  government  to  rescind  all  measures  taken  against  suspended  union  leaders 
involved  in  a  1993  strike  by  railway  locomotive  engineers.  Only  2  of  10  engineers 
fired  in  1993  were  offered  their  jobs  back;  most  of  the  others  were  offered  retirement 
pensions.  The  union  leaders,  who  defied  a  Supreme  Court  ruling  to  suspend  the 
strike  for  170  days,  were  fired  by  the  national  railway  company  when  tne  strike 
ended. 

The  1991  legislation  stipulates  that  labor  unions  should  be  free  from  government 
or  political  party  control,  a  provision  that  the  Government  has  honored  in  practice. 
Umons  are  free  to  engage  in  political  activity  and  have  done  so. 

In  the  spring,  the  Government  issued  a  decree  providing  stipends  for  those  laid 
ofi"  as  a  result  of  economic  restructuring.  In  August  Prime  Minister  Ciorbea  ordered 
the  closure  of  a  number  of  loss-making,  state-owned  enterprises,  which  employed 
roughly  30,000  workers.  At  the  same  time,  the  Government  increased  benefits  under 
the  decree,  providing  for  payments  worth  up  to  20  months'  salary,  depending  upon 
a  worker's  seniority  and  what  he  proposed  to  do  with  the  payment.  It  also  provided 
for  the  retraining  of  laid-off  workers. 

Labor  unions  may  freely  form  or  join  federations  and  affiliate  with  international 
bodies.  The  National  Confederation  of  Trade  Unions-Fratia  and  the  National  Union 
Bloc  are  affiliated  with  the  International  Confederation  of  Free  Trade  Unions  and 
the  European  Trade  Union  Confederation.  The  Confederation  of  Democratic  Trade 
Unions  of  Romania  is  affiliated  with  the  World  Labor  Confederation.  Representa- 
tives of  foreign  and  international  organizations  freely  visit  and  advise  Romanian 
trade  unionists. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — ^Workers  have  the  right  to 
bargain  collectively  under  the  1991  legislation,  but  collective  bargaining  efforts  are 
complicated  by  continued  state  control  of  most  industrial  enterprises  and  the  ab- 
sence of  independent  management  representatives.  Basic  wage  scales  for  employees 
of  state-owned  enterprises  are  established  through  collective  bargaining  with  the 
State  (see  Section  6.e.  below). 

Labor  legislation  is  applied  uniformly  throughout  the  country,  including  in  the 
four  free  trade  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor,  including  that  performed  by  children.  The  Ministry  of  Labor 
and  Social  Protection  generally  enforces  this  prohibition. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  Con- 
stitution prohibits  forced  and  bonded  child  labor,  and  the  Government  generally  en- 
forces this  provision  (see  Section  6.c.).  The  minimum  age  for  employment  is  15 
years,  but  children  as  young  as  age  14  may  work  with  the  consent  of  their  parents 
or  guardians,  although  only  "according  to  tneir  physical  development,  aptitude,  and 
knowledge."  Working  children  under  tne  age  of  16  have  the  right  to  continue  their 
education,  and  the  law  obliges  employers  to  assist  in  this  regard.  The  Ministry  of 
Labor  and  Social  Protection  has  the  authority  to  impose  fines  and  close  sections  of 
factories  to  ensure  compliance  with  the  law,  which  it  enforces  effectively. 

e.  Acceptable  Conditions  of  Work. — Most  wage  rates  are  established  throu^  col- 
lective bargaining  at  the  enterprise  level.  However,  they  are  based  on  minimum 
wages  for  given  economic  sectors  and  categories  of  workers  that  the  government  sets 
after  negotiations  with  industry  representatives  and  the  labor  confeaerations.  Mini- 
mum wage  rates  are  generally  observed  and  enforced.  In  1997  the  minimum  month- 


1244 

ly  wage  of  $30.00  (250,000  Lei)  did  not  keep  pace  with  inflation  and  did  not  provide 
a  decent  standard  of  living  for  a  woriter  and  family.  Prices  for  utility  services  were 
fuUy  liberalized  in  February,  leading  to  dramatic  increases  in  the  cost  of  water  and 
heating.  However,  lists  of  basic  foodstuffs  and  pharmaceuticals  are  still  subject  to 
price  ceilings.  Housing  is  no  longer  subsidized. 

The  Labor  Code  provides  for  a  standard  woritweek  of  40  hours  or  5  days,  with 
overtime  to  be  paid  for  weekend  or  holiday  work  or  worii  in  excess  of  40  hours.  It 
also  includes  a  requirement  for  a  24-hour  rest  period  in  the  workweek,  although 
most  workers  receive  2  days  off.  Paid  holidays  range  from  18  to  24  days  annual^, 
depending  on  the  employee's  length  of  service.  The  law  recjuires  employers  to  pay 
additional  benefits  and  allowances  to  workers  engaged  in  particularly  dangerous  or 
difficult  occupations. 

Some  labor  organizations  press  for  healthier,  safer  working  conditions  on  behalf 
of  their  members.  The  Ministry  of  Labor  and  Social  Protection  has  established  safe- 
ty standards  for  most  industries  and  is  responsible  for  enforcing  them.  However,  it 
lacks  sufficient  trained  personnel  for  inspection  and  enforcement,  and  employers 
often  ignore  its  recommendations.  Although  they  have  the  right  to  refuse  dangerous 
work  assignments,  workers  seldom  invoke  it  in  practice,  appearing  to  value  in- 
creased pay  over  a  safe  work  environment.  Neither  the  Government  nor  industry, 
which  is  still  mostly  state  owned,  has  the  resources  necessary  to  improve  signifi- 
cantly health  and  safety  conditions  in  the  workplace. 


RUSSIA 

Politically,  economically,  and  socially,  Russia  continues  to  be  a  state  in  transition. 
Vfhile  constitutional  structures  are  well-defined  and  democratic  in  conception,  de- 
mocratization continues  to  be  slow.  The  1993  Constitution  establishes  a  tripartite 
government  with  checks  and  balances.  The  executive  branch  consists  of  an  elected 

f)resident  and  a  government  headed  by  a  prime  minister.  There  is  a  bicameral  legis- 
ature  (Federal  Assembly),  consisting  of  the  State  Duma  and  the  Federation  Coun- 
cil, and  a  judicial  branch.  Both  the  President  and  the  legislature  were  selected  in 
competitive  elections  judged  to  be  largely  free  and  fair,  with  a  broad  range  of  politi- 
cal parties  and  movements  contesting  offices.  The  judiciary,  still  the  weakest  of  the 
three  branches,  showed  signs  of  limited  independence. 

President  Boris  Yeltsin  and  Chechen  President  Asian  Maskhadov  signed  a  peace 
agreement  on  May  12  in  which  both  sides  agreed  to  settle  their  dispute  bv  peaceful 
means.  In  an  earlier  agreement,  the  two  sides  agreed  to  resolve  Chechnya  s  political 
status  prior  to  2001,  out  fundamental  differences  remain  on  that  question  with 
Chechnya  asserting  that  it  has  earned  the  right  to  full  independence  and  Russia  in- 
sisting that  Chechnya  will  remain  a  part  of  the  Federation. 

The  Ministry  of  Internal  Affairs  (MVD),  the  Federal  Security  Service  (FSB),  the 
Procuracy,  and  the  Federal  Tax  Police  are  responsible  for  law  enforcement  at  all  lev- 
els of  government  throughout  the  Russian  Federation.  The  MVD  oversees  most  of 
the  prison  system,  though  most  functions  have  been  ordered  transferred  to  the  Min- 
istry of  Justice.  The  FSB  has  broad  law  enforcement  functions,  including  fighting 
crime  and  corruption,  in  addition  to  its  core  responsibilities  of  security,  counterintel- 
ligence, and  counterterrorism.  The  FSB  operates  with  only  limited  oversight  by  the 
Procuracy'  and  the  courts.  The  military's  primary  mission  is  national  defense,  but 
it  is  occasionally  employed  for  riot-control  missions.  Many  members  of  the  security 
forces,  particularly  within  the  internal  affairs  apparatus,  continued  to  commit 
human  rights  abuses. 

The  economy  stabilized  during  1997,  although  estimated  real  gross  national  prod- 
uct remained  almost  28  percent  below  1992  levels.  Inflation  has  dropped  from  198 
¥ercent  in  1995  to  11  percent  in  1997.  The  per  capita  income  was  $152  per  month, 
he  ruble  exchange  rate  stabilized  and  net  outflow  of  capital  ceased  in  1997.  Pro- 
duction increased  slightly,  but  the  level  of  capital  investment  remained  low.  The 
trade  balance  remains  positive.  Around  900,000  small  businesses  are  registered. 
Crime  and  corruption  significantly  retard  economic  growth.  According  to  official  esti- 
mates, the  informal  and  shadow  economy  accounts  for  26  percent  of  gross  domestic 
product.  Unemployment  reached  a  high  of  9.6  percent  in  April.  Moreover,  an  esti- 
mated 6.4  million  people,  of  a  work  force  of  72  million  were  considered  under- 
employed. Wage  and  pension  arrears  continued  to  be  a  problem,  with  accumulated 
wage  arrears  reaching  $9.5  billion  by  October.  Wages  and  incomes  showed  a  slight 
real  increase  by  midyear.  Approximately  21  percent  of  the  population  had  incomes 
below  the  poverty  level,  up  from  19  percent  in  1996. 


1245 

The  arrears  in  payment  of  public-sector  wages  and  transfer  payments  were  a 
symptom  of  a  fiscal  crisis  that  has  plagued  the  Grovemment  for  the  past  several 
years.  Fulfilling  a  pledge  to  the  public,  the  Yeltsin  administration  paid  off  aU  of  its 
arrears  as  of  December  31.  The  Government  has  been  unable  to  formulate  and  im- 
plement an  effective  tax  policy,  resulting  in  widespread  nonpayment  and  evasion  of 
taxes.  Federal  tax  revenues  totaled  approximately  9  percent  of  GDP.  The  con- 
sequent strain  on  the  state  budget  has  caused  prolonged  delays  in  pajnment  of  public 
servants  and  forced  the  Government  to  defer  needed  reforms  and  investments  in 
areas  regarded  as  low  priorities  by  top  officials.  Delays  in  expanding  and  moderniz- 
ing the  prison  system,  introducing  jury  trials  to  more  regions,  training  the  judiciary 
and  investing  in  the  infrastructure  of  the  court  system  and  ensuring  military  reform 
contributed  to  human  rights  violations. 

The  Government's  human  rights  record  was  uneven  in  1997.  There  were  credible 
reports  that  law  enforcement  and  correctional  officials  tortured  and  severely  beat 
detainees  and  inmates.  FVison  conditions  worsened  and  are  extremely  harsh.  Ac- 
cording to  human  rights  groups,  between  10,000  and  20,000  detainees  and  prison 
inmates  may  die  in  penitentiary  facilities  annually,  some  from  beatings,  but  most 
as  a  result  of  overcrowding,  inferior  sanitary  conditions,  disease,  and  lack  of  medical 
care.  The  Government  has  made  little  progress  in  combating  abuses  committed  by 
soldiers,  including  "dedovshchina"  (violent  hazing  of  new  recruits).  Military  justice 
systems  consistent  with  democratic  practices  remain  largely  underdeveloped.  There 
were  credible  reports  of  deaths  or  suicides  as  a  result  oi  abuse,  with  sharply  diver- 
gent statistics  offered  by  the  Ministry  of  Defense  and  human  rights  groups.  Arbi- 
trary arrest  and  detention  remained  problems.  Police  and  other  security  forces  in 
various  parts  of  Russia  continued  their  practice  of  targeting  citizens  from  the 
Caucasus  and  darker-skinned  persons  in  general  for  arbitrary  searches  and  deten- 
tion on  the  pretext  of  fighting  crime  and  enforcing  residential  registration  require- 
ments. However,  in  a  positive  development,  the  President  overturned  two  prior  de- 
crees (one  presidential,  the  other  from  the  mayor  of  Moscow)  permitting  officials  to 
detain  certain  individuals  for  up  to  30  days  without  access  to  a  lawyer  and  in  some 
cases  to  expel  them  from  Moscow.  Lengthy  pretrial  detention  remained  a  serious 
problem.  The  Government  made  little  progress  in  the  implementation  of  constitu- 
tional provisions  for  due  process,  fair  and  timely  trial,  and  humane  punishment.  In 
addition,  the  judiciary  was  often  subject  to  manipulation  by  political  authorities  and 
was  plagued  by  large  case  backlogs  and  trial  delays.  Authorities  infringed  on  citi- 
zens' privacy  rights. 

The  case  of  Aleksandr  Nikitin,  a  retired  naval  captain  who  had  been  researching 
the  environmental  dangers  of  nuclear  waste  from  tne  Northern  Fleet,  continued  to 
be  fraught  with  serious  violations  of  due  process,  suggesting  that  the  FSB's  case 
against  nim  was  politically  motivated. 

Institutions  such  as  the  Ministry  of  Internal  Affairs  remain  largely  unreformed 
and  have  not  yet  adopted  practices  consistent  with  law  enforcement  in  a  democratic 
society.  While  the  President  and  the  Government  have  supported  human  rights  and 
democratic  practice  in  their  statements  and  policy  initiatives,  they  have  not  institu- 
tionalized the  the  rule  of  law  required  to  protect  them.  While  most  abuses  occur  at 
lower  levels  and  not  by  central  direction,  Government  officials  do  not  investigate  the 
majority  of  cases  of  abuse  and  do  not  dismiss  or  discipline  the  perpetrators. 

m  the  face  of  a  variety  of  obstacles,  the  media  continued  to  represent  a  wide 
range  of  opinion.  The  major  print  media  oi^anizations  functioned  relatively 
unhindered  by  governmental  pressure  at  the  national  level,  although  respect  for 
freedom  of  the  press  varies  in  the  regions.  The  principal  obstacle  to  independent 

{"oumalism  was  the  concentration  of  ownership  of  news  media  by  major  banks  and 
msinesses,  which  sought  to  ensure  that  reporting  was  in  line  with  their  interests. 
Such  pressure  caused  journalists  to  practice  self-censorship.  The  practice  of  accept- 
ing money  for  printing  articles  remains  widespread.  Foreign  and  Russian  journalists 
were  frequent  victims  of  kidnapings  for  ransom  by  criminals  in  Chechnya  and 
throughout  the  north  Caucasus. 

In  October  the  Government  enacted  a  restrictive  and  potentially  discriminatory 
law  on  religion  which  raised  questions  about  Russia's  commitment  to  international 
agreements  honoring  freedom  of  religion.  The  implications  of  the  law,  which  will  not 
be  fully  implemented  until  the  end  of  1999,  remain  unclear  though  it  contains  provi- 
sions that  could  result  in  significant  restrictions  on  the  activities  of  minority  reli- 
gious communities,  including  foreign  missionaries.  By  year's  end,  there  had  been 
numerous  instances  of  harassment  of  religious  groups  by  local  authorities,  citing  the 
new  law.  In  addition,  22  regional  governments  have  passed  laws  and  decrees  since 
1994  restricting  the  activities  of  mmority  religious  px)ups,  some  of  which  have  been 
subjected  to  harassment  as  a  result.  The  constitutionality  of  the  new  national  law 


1246 

has  not  been  formally  challenged,  nor  has  the  Federal  Government  challenged  the 
constitutionality  of  the  local  laws. 

Despite  constitutional  protections  for  citizens'  freedom  of  movement,  regional  gov- 
ernments (especially  the  city  of  Moscow)  have  imposed  restrictions  on  movement 
through  residence  registration  mechanisms.  These  restrictions,  though  successfully 
challenged  in  court,  remain  largely  in  force  and  are  tolerated  by  the  Federal  Gov- 
ernment. The  presence  of  these  restrictions  demonstrated  the  continued  obstacles  to 
the  enforcement  of  judicial  rulings. 

Although  the  Duma  passed  a  law  providing  for  a  human  rights  ombudsman,  it 
failed  to  select  a  candidate  within  the  period  allowed  under  the  law.  The  post  re- 
mained vacant  at  year's  end.  The  Human  Rights  Commission  examined  human 
rights  issues  such  as  prison  conditions,  war  crunes  in  Chechnya,  and  a  draft  law 
on  religion.  Similarly,  the  human  rights  chamber  of  the  FVesident's  Political  Con- 
sultative Council  held  a  number  of  sessions  and  offered  opinions  on  human  rights 
issues.  Governmental  human  rights  commissions  have  been  formed  in  66  regions. 

With  few  exceptions,  human  rights  nongovernmental  organizations  (NGO's)  docu- 
mented and  reported  on  human  rights  violations  without  governmental  interference 
or  sanctions.  However,  some  local  officials  harassed  human  rights  monitors  and  in 
some  cases  arrested  them.  The  Prosecutor  General's  response  to  these  incidents  was 
criticized.  Some  groups  in  Moscow  have  demonstrated  their  expertise  on  particular 
issues  and  regularly  participate  in  Duma  legislative  working  groups,  as  well  as  in 
the  human  rights  chamber  of  the  President's  Political  Consultative  Council. 

Violence  against  women  and  abuse  of  children  remain  problems,  as  do  discrimina- 
tion against  women  and  religious  and  ethnic  minorities. 

In  the  breakaway  Republic  of  Chechnya,  kidnapings  orchestrated  by  uncontrolled 
armed  formations  and  bandits,  some  of  which  may  nave  links  to  the  former  insur- 
gent forces,  have  become  frequent.  The  usual  motivation  for  kidnapings  is  ransom, 
but  some  cases  have  political  overtones.  Both  journalists  and  humanitarian  assist- 
ance workers  have  been  targets.  Despite  the  strong  opposition  of  federal  authorities, 
Chechen  authorities  used  Snari'a  courts  in  some  cases  and  carried  out  death  sen- 
tences without  respect  for  due  process.  The  Shari'a  law  is  still  not  codified. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — ^There  were  no  confirmed  political 
killings  by  agents  of  the  Government.  However,  an  undetermined  number,  up  to 
several  thousand,  detainees  and  prison  inmates  died  after  beatings  by  security  offi- 
cials or  due  to  harsh  conditions  in  detention  (see  Section  I.e.).  A  number  of  govern- 
ment officials,  Duma  aides,  and  other  public  figures  were  murdered,  although  fewer 
than  in  recent  years.  Few  of  these  crimes  appear  to  be  politically  motivated;  the  ma- 
jority were  linked  to  private  financial  or  commercial  dealings.  Internal  Affairs  Min- 
ister General  Anatoliy  Kulikov  acknowledged  that  police  solved  only  about  10  per- 
cent of  the  approximately  600  contract  murders  in  1996. 

Mikhail  Manevich,  deputy  mayor  and  chairman  of  the  City  Property  Committee 
for  St.  Petersburg,  was  killed  on  August  18  while  on  his  way  to  work.  Media  reports 
suggested  that  Manevich  was  killed  by  individuals  whose  financial  interests  may 
have  been  threatened  by  his  conduct  of  privatization  in  the  city.  A  joint  FSB-MVD 
investigation,  ordered  by  the  President,  is  underway.  FSB  officers  claim  to  have 
interviewed  over  1,000  witnesses  and  collected  over  40  expert  opinions  and  were 
working  with  their  law  enforcement  and  sf)ecial  services  colleagues  in  the  region. 
However,  there  were  no  reports  of  progress  in  the  case  at  year's  end. 

Vladimir  Frantskevich,  Mikhail  Shilov,  Vyacheslav  Usov,  Gennadiy  Dzen,  and 
Stanislav  Amirov,  at  least  nominally  aides  to  Duma  deputies  in  Vladimir 
Zhirinovskiy^s  Liberal  Democratic  Party  of  Russian  (LDPR),  were  murdered  in  1997. 
The  victims  had  prior  criminal  records  or  links  with  criminal  activity  and  were  vic- 
tims of  contract-style  killings.  No  link  between  the  crimes  and  the  LDPR  was  estab- 
lished. 

Procurator  (}eneral  Yuriy  Skuratov  reported  that  investigations  continued  in  the 
unsolved  murders  of  orthodox  priest  Aleksandr  Men  (1990),  journalists  Dmitriy 
Kholodov  (1994),  and  Vladimir  Listyev  (1995). 

There  were  no  developments  in  the  1996  murder  of  U.S.  businessman  Paul 
Tatum. 

Following  2  years  of  investigation,  the  Moscow  procurator's  office  reported  that  it 
was  ready  to  bring  charges  in  the  February  1995  murder  of  LDPR  Duma  Deputy 
Sergey  Skorochkin.  Investigators  have  dismissed  any  political  motives  and  are  fo- 
cusing on  Skorochkin's  business  dealings.  They  also  indicated  that  Skorochkin  may 
have  committed  a  double  murder  shortly  before  his  death. 


1247 

In  the  procurator's  office  charged  chairman  of  the  Afghan  War  Veterans  Associa- 
tion Valeriy  Radchikov,  along  with  five  others,  in  the  November  1996  bombing  in 
the  Kotlyakovskiy  cemetery  which  killed  14  persons  and  injured  50  others.  Authori- 
ties believe  that  internal  disputes  over  the  organization's  lucrative  tobacco  and  liq- 
uor duty-free-import  privileges  provided  the  motive  for  the  bombing. 

Unknown  persons  in  the  Republic  of  Northern  Ossetiya-Alaniya  killed  several  eth- 
nic Ingush  refugees  returning  to  places  of  former  residence  in  the  contested 
Prigorodnyy  rayon  (located  between  the  Republic  of  Northern  Ossetiya-Alaniya  and 
Ingushetiya). 

Ethnic  unrest  in  the  North  Caucasus  re^ons  of  North  Ossetia  and  Ingushetia 
claimed  the  lives  of  11  people  in  several  incidents.  The  tension  in  the  region  arises 
from  a  territorial  dispute  wnich  has  displaced  a  number  of  ethnic  Ingush. 

On  June  10,  Mullah  Khasanbek  Yakhayev  of  the  Groznyy  Mosque  was  shot  at 
point-blank  range  by  an  unknown  man  who  was  himself  then  lynched  by  Yakhayev's 
relatives.  Motives  are  unclear,  although  reports  from  witnesses  claim  that  the  killer 
told  Yakhayev  that  he  would  not  permit  him  to  insult  Wahhabism,  conservative 
form  of  Islam  that  has  recently  been  in  conflict  with  Sufism,  the  form  of  Islam  that 
is  more  widely  practiced  in  the  Caucasus. 

No  formal  charges  have  been  filed  in  the  investigation  into  the  December  1996 
attack  on  the  ICRC  compound  in  Novyy  Atagi,  Chechnya,  during  which  six  ICRC 
workers  were  killed  and  one  was  wounded.  Minister  of  Internal  Affairs  Kulikov 
claims  to  have  detained  suspects  outside  Chechnya,  but  indicated  that  he  is  not  par- 
ticipating in  the  main  investigation  inside  Chechnya. 

On  Jvuy  30,  a  bomb  attack  in  Groznyy  against  the  headquarters  of  Salman 
Raduyev,  a  militant  former  Chechen  military  commemder,  killed  three  persons. 

President  Maskhadov  of  Chechnya  told  the  press  that  he  planned  to  execute  pub- 
licly those  guilty  of  kidnaping.  At  least  four  persons  were  executed  in  Chechnya  dur- 
ing the  year  as  a  result  of  sentences  handed  down  by  Shari'a  courts  (see  Section 
I.e.).  The  Federal  Government  termed  the  executions  'T)arbaric''  and  the  trials  ille- 
gal under  Russian  law. 

Commander  Salman  Raduyev  claimed  responsibility  for  two  terrorist  attacks  on 
Russian  railway  lines  in  early  April,  one  in  Armavir  and  another  in  Pyatigorsk, 
each  of  which  killed  two  persons  and  resulted  in  more  than  a  dozen  injuries. 

Unknown  elements  in  Chechnya  fired  on  border  patrols  in  nearby  Dagestan  and 
killed  Dagestani  law  enforcement  personnel. 

In  the  ongoing  conflict  between  the  republics  of  Ingushetiya  and  northern 
Ossetiya-Alaniya,  there  were  reports  that  unknown  persons  fired  on  refugees  at- 
tempting to  return  to  their  places  of  former  residence. 

For  example,  on  July  17,  unknown  forces  fired  a  rocket-propelled  grenade  at  two 
buses  carrying  returning  Ingush  refugees  as  they  passed  a  state  automobUe 
inspectorate  checkpoint.  Two  persons  were  killed  and  10  injured  seriously.  On  July 
29,  a  mob  attacked  an  Ingush  refugee  camp  near  the  Prigorodnyy  town  of 
Tverskoye,  burning  two  trailers  and  causing  one  death  and  six  injuries,  according 
to  press  reports. 

In  February  Russia  approved  an  amnesty  for  Russian  soldiers  and  Chechen  rebels 
who  committed  illegal  acts  in  connection  with  the  war  in  Chechnya  between  Decem- 
ber 9,  1994,  and  ^ptember  1,  1996.  The  pardon  excludes  crimes  such  as  murder, 
rape,  and  hostage-  taking,  and  orders  the  establishment  of  a  commission  to  review 
appeals  for  amnesty.  Although  many  Chechen  rebels,  including  Deputy  Prime  Min- 
ister Shamil  Basayev,  are  under  indictment  in  Russia  for  commission  of  serious 
crimes  during  the  war,  there  has  been  no  demonstrated  attempt  by  Russian  law- 
enforcement  organs  to  bring  such  persons  to  justice.  In  effect,  this  selective  amnesty 
is  being  applied  as  a  blanket  amnesty.  In  Chechnya  there  also  is  no  attempt  to  pros- 
ecute persons  accused  of  serious  offenses  during  the  conflict. 

The  Chechen  Government  passed  an  amnesty  designed  to  cover  persons  guilty  of 
war  crimes  similar  to  felonies  (that  is,  premeditated  murder,  rape,  assault  and  rob- 
bery, terrorism  and  banditry,  and  kidnaping  and  hostage-taking).  The  goal  of  the 
amnesty  was  to  facilitate  the  most  rapid  possible  prisoner  exchange.  In  this,  it  was 
supported  by  the  Soldiers'  Mothers  Committee,  among  others,  but  was  opposed  by 
human  rights  groups  who  sought  the  fullest  possible  accountability  of  those  who 
were  involved  in  violations  of  humanitarian  law  during  the  armed  conflict.  However, 
disputes  over  the  types  of  prisoners  covered  under  the  amnesty,  particularly  with 
regard  to  Chechens  held  in  Russian  detention  facilities  for  crimes  rather  than  acts 
of  combat,  have  mitigated  against  effective  implementation.  Other  reports  indicate 
that  the  Russian  side  has  returned  Chechen  criminals  but  continued  to  detain  sus- 
pected insurgents.  The  Glasnost  Public  Fund  has  alleged  that  the  authorities  who 
physically  hold  those  potentially  eligible  for  the  amnesty  also  maintain  the  power 
to  decide  who  actually  receives  amnesty. 


1248 

b.  Disappearance. — There  were  no  reports  of  ^vemment  involvement  in  cases  of 
politically  motivated  disappearances.  Kidnaping  is  frequently  committed  by  criminal 
croups  in  the  North  Caucasus,  some  of  which  may  nave  links  to  elements  of  the 
former  insurgent  forces.  The  main  motivation  seems  to  be  ransom,  although  some 
cases  have  political  overtones.  A  number  of  journalists  were  seized  and  held  for  ran- 
som during  the  year,  as  were  several  humanitarian  aid  workers.  For  example,  on 
September  20,  two  Russian  employees  of  the  International  Orthodox  Christian 
Charities,  Dmitriy  Petrov  and  Dmitriy  Pyankovskiy,  were  abducted  while  on  a  hu- 
manitarian relief  mission  to  Chechnya. 

According  to  the  Organization  for  Security  and  Cooperation  in  Europe  (OSCE),  at 
year's  end  71  hostages  remained  in  captivity,  including  (15  foreigners,  of  whom  5 
are  journalists  and  10  are  NGO  representatives).  There  were  no  reports  of  dis- 
appearance as  a  precursor  to  an  execution  or  other  political  killing,  althou^  a  num- 
ber of  persons  remain  missing  at  year's  end. 

The  Chechen  authorities  have  frequently  claimed  that  they  are  actively  fighting 
kidnapers.  On  July  6,  Chechen 

Procurator  General  Khalash  Serbiyev  estimated  that  32  persons  were  held  on  sus- 
picion of  kidnaping.  New  Chechen  laws  call  for  jail  terms  or  public  executions  of  kid- 
napers. However,  there  have  been  reports  that  Chechen  authorities  including  Vice 
President  Vakha  Arsanov  have  been  involved. 

There  were  no  further  developments  in  the  case  of  American  relief  expert  Fred 
Cuny,  who  disappeared  in  Chechnya  in  April  1995  and  is  believed  to  have  been 
killed.  No  trace  nas  been  found  of  American  photojoumalist  Andrew  Shumack,  who 
disappeared  in  July  1995  after  reportedly  entering  Chechnya. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture,  violence,  and  other  brutal  or  humiliating  treat- 
ment or  punishment.  However,  there  are  credible  reports  that  law  enforcement  per- 
sonnel use  torture  to  coerce  confessions  from  suspects  and  that  the  Government 
does  not  hold  most  of  them  accountable  for  these  actions.  Prisoner's  rights  groups 
have  documented  numerous  cases  in  which  law  enforcement  and  correctional  offi- 
cials tortured  and  beat  detainees  and  suspects. 

In  a  1997  report.  Amnesty  International  described  five  methods  used  by  law  en- 
forcement officials  either  to  gain  confessions  or  simply  to  control  or  abuse  prisoners. 
The  "elephant"  involves  placing  a  gas  mask  over  the  head  of  the  victim  and  then 
restricting  or  cutting  off  the  flow  of  oxygen.  Sometimes  tear  gas  is  introduced  as 
well  to  induce  vomiting.  The  "swallow"  involves  binding  the  victim's  hands  behind 
his  back  above  the  level  of  his  head,  forcing  painful  arching  in  the  back.  This  meth- 
od is  used  in  conjunction  with  the  elephant  or  separately,  with  the  victim  suspended 
from  the  wall  or  ceiling  so  that  he  can  be  beaten.  The  "envelope"  involves  securing 
the  victim's  legs  near  his  head.  The  "press-camera"  is  a  system  whereby  violent  pris- 
oners are  coopted  by  guards  and  used  to  control  or  punish  other  prisoners.  The  co- 
opted  prisoners  are  permitted  to  torture  prisoners  (sometimes  to  gain  confessions) 
or  deal  with  "difficult"  prisoners.  The  "crucifixion  of  Christ"  involves  the  victim 
being  secured  spread-eagled  to  either  a  metal  cot  or  prison  bars,  to  which  powerfial 
electric  shocks  are  applied.  These  allegations  have  been  corroborated  by  other  credi- 
ble sources. 

In  a  February  1996  report,  the  Presidential  Human  Rights  Commission  noted  that 
existing  legal  norms  and  administrative  instructions  failed  to  provide  specific,  clear 
regulation  of  the  application  of  physical  force  and  that  this  allowed  "the  use  of  im- 
permissible physical  coercion  directed  against  prisoners  virtually  without  restraint." 

Various  abuses  against  military  servicemen,  including  but  not  limited  to  the  prac- 
tice of  "dedovshchina"  (the  violent  hazing  of  new  military  recruits,  MVD,  and  border 
guards),  continued  unabated,  and  may  nave  increased  during  the  past  year.  Press 
reports  indicate  that  this  mistreatment  often  includes  extortion  of  money  or  mate- 
rial goods  in  the  face  of  the  threat  of  increased  hazing  or  actual  beatings.  Soldiers 
usuaaly  do  not  report  hazing  to  officers  due  to  fear  of  reprisals,  since  officers  in  some 
cases  reportedly  tolerate  or  even  encourage  such  hazing  as  a  means  of  controlling 
their  units.  There  are  also  reports  that  officers  uae  beatings  to  discipline  soldiers 
whom  they  find  to  be  "inattentive  to  their  duties."  In  one  incident,  a  Pacific  fleet 
sailor  died  when  an  officer  punished  him  by  placing  him  in  a  missile  tube.  The  case 
is  reportedly  still  under  investigation. 

According  to  a  June  General  Staff  briefing,  during  1996  there  were  2,000  deaths 
of  servicemen,  526  of  which  were  suicides.  For  1997  military  physicians  reportedly 
estimate  the  army's  suicide  rate  at  14  per  100,000,  about  200  per  year.  The  Mothers' 
Rights  Foundation,  however,  cites  a  figure  of  5,000  noncombat  deaths  linked  to  vio- 
lence per  year.  The  Mothers'  Rights  Foundation  and  the  Soldiers'  Mothers'  Commit- 
tee believe  that  many  of  those  who  reportedly  committed  suicide  were  driven  to  do 
80  by  violent  hazing  or  abuse. 


1249 

The  Ministry  of  Defense's  main  military  procurator  noted  an  increase  in  1997  of 
the  incidence  of  "barracks  hooliganism,"  reporting  378  incidents.  Statistics  for  the 
first  6  months  of  1997  show  over  3,000  crimes  against  servicemen,  with  900  persons 
injured  and  over  160  killed.  Prosecutors  attributed  the  military  service's  inability 
to  crack  down  on  hazing  in  part  to  the  reluctance  of  inexperienced,  low-ranking  offi- 
cers to  report  hazing  incidents. 

Senior  Ministry  of  Defense  officials  acknowledge  that  hazing  is  a  problem,  but  in- 
sist that  the  deteriorating  quality  of  incoming  conscripts  makes  it  difficult  to  eradi- 
cate. Official  reports  on  the  spring  conscription  campaign  state  that  6  percent  of 
those  inducted  had  criminal  convictions  and  8  percent  had  arrest  records.  Military 
officers  and  spokesmen  insist  that  they  make  every  effort  to  punish  soldiers  and  offi- 
cers who  either  take  part  in  or  tolerate  hazing.  In  some  units,  officers  reportedly 
have  been  ordered  to  sleep  in  their  unit  barracks  until  the  situation  improves.  The 
Soldiers'  Mothers  Committee  confirm  the  military  authorities'  claim  that  hazers  are 
punished,  although  they  argue  that  action  is  not  taken  in  enou^  cases. 

The  Soldiers'  Mothers  Committee  believes  that  the  vast  majority  of  hazing  inci- 
dents are  never  reported.  In  incidents  brought  to  the  attention  of  the  military  or 
civilian  authorities,  the  Soldiers'  Mothers  Committee  reported  that  in  60%  oi  the 
cases  there  was  an  official  finding  that  abuse  had  taken  place,  and  that  some  dis- 
ciplinary eiction  was  taken  as  a  result. 

Despite  the  admitted  seriousness  of  the  problem,  the  military  leadership  has  not 
made  any  effort  to  implement  large-scale  changes  in  training  or  education  programs 
to  combat  abuse,  at  least  in  part  due  to  lack  of  funding  for  new  training  materials. 

At  a  November  international  conference  in  Moscow  on  human  rights  in  the  armed 
forces,  sponsored  in  part  by  the  Russian  Federation  Presidential  Commission  on 
Human  Rights,  the  military  services  came  under  harsh  attack  for  systematic  and 
widespread  human  rights  violations,  including  hazing,  beatings,  and  torture.  The  re- 
port caUed  on  the  President  and  the  Duma  to  undertake  a  series  of  reforms,  includ- 
ing creation  of  a  civilian  post  of  human  rights  ombudsman  with  the  power  to  make 
unannounced  inspections  at  military  bases;  creation  of  a  military  police  system 
charged  with  investigating  human  and  civil  rights,  among  other  crimes;  uncondi- 
tional implementation  of  the  presidential  decree  for  an  all-volunteer  force  by  2000; 
and,  in  the  interim,  observance  of  the  constitutional  right  to  alternative  civilian 
service  to  the  draft  in  a  nonpunitive  program. 

The  systematic  abuse  of  psychiatry  as  a  form  of  punishment  during  the  Soviet- 
era  has  ended.  However,  human  rights  groups  charge  that  psychiatric  hospitals  con- 
tinue to  conceal  their  archives  and  their  practices.  Further,  Moscow  police  commit- 
ted some  sane  followers  of  the  Orthodox  Society  of  True  Believers  to  a  psychiatric 
hospital  for  treatment  (see  Section  2.c.).  Moreover,  authorities  apparently  still  abuse 
the  practice  of  psychiatry  for  other  purposes.  The  Independent  Psychiatric  Associa- 
tion of  Russia  has  criticized  the  use  of  psychiatry  in  "deprogramming"  "victims"  of 
"totalitarian  sects."  In  such  cases,  authorities  use  pseudo-psychological  and  spiritual 
techniques  to  "treat"  persons  who  had  been  memoers  of  new  religious  groups  (see 
Section  2.c.). 

Conditions  for  detainees  and  prisoners  in  government  facilities  were  extremely 
harsh,  particularly  in  pretrial  detention  facilities  ("SIZO's"),  where  overcrowding  is 
rainpant,  and  the  authorities  frequently  employ  physical  abuse  and  torture  to  coerce 
confessions.  Most  detainees  face  extremely  harsh  and  even  life-threatening  condi- 
tions. Yuriy  Kalinin,  head  of  the  MVD's  main  Directorate  of  Internal  Affairs,  stated 
in  1995  that  "the  conditions  in  our  pretrial  detention  centers  can  be  classified  as 
torture  under  international  standards.  That  is,  the  deprivation  of  sleep,  air,  and 
space."  These  conditions  have  not  improved. 

According  to  the  1995  law  "On  the  Detention  of  Those  Suspected  or  Accused  of 
Committing  Crimes,"  inmates  must  be  provided  with  adequate  space,  food,  and  med- 
ical attention.  Although  most  of  the  law's  provisions  were  due  to  come  into  effect 
by  the  end  of  1996,  the  authorities  were  not  able  to  ensure  compliance,  due  in  part 
to  lack  of  funds  and  the  absence  of  a  bail  system. 

Prisons  are  extremely  overcrowded.  The  State  Department  of  the  Execution  of 
Sentences  (GUIN)  figures  for  July  1  show  273,367  persons  occupying  prisons  and 
pretrial  detention  facilities  designed  to  hold  182,358,  a  total  that  is  149.9  percent 
of  the  designed  capacity.  The  Moscow  Center  for  Prison  Reform  (MCPR)  reported 
in  that  one  average  medium-sized  SIZO  (investigative  isolation  ward)  designed  for 
1,5(X)  prisoners  held  2,300.  These  inmates  have  only  1.4  square  feet  per  person.  The 
law  mandates  9  square  feet  of  space  per  detainee.  In  another  case,  a  SIZO  in  the 
Urals  holds  8,000  persons  in  facilities  designed  for  3,500.  In  "Kresty,"  St.  Peters- 
burg's largest  SIZ(J,  5  to  15  prisoners  are  neld  in  cells  that  were  buUt  100  years 
ago  to  hold  1  prisoner. 


1250 

Under  such  conditions,  prisoners  sleep  in  shifts,  and  there  is  little,  if  any,  room 
to  move  within  the  cell.  In  most  pretrial  detention  centers  and  prisons,  there  is  no 
ventilation  system.  Cells  are  stiflingly  hot  in  summer  (up  to  40  degrees  centigrade, 
according  to  the  MCPR)  and  dangerously  cold  in  winter.  Reports  indicate  that 
matches  can  not  be  lit  in  many  SIZO  cells  during  the  summer  Because  of  a  lack  of 
oxygen. 

Health,  nutrition,  and  sanitation  standards  in  penal  facilities  remain  low  due  to 
a  lack  of  funding.  MCPR  estimated  that  the  MVD  was  able  to  provide  only  20  to 
30  percent  of  needed  supplies  and  medications,  leaving  some  faalities  without  any 
medicine  at  all.  Head  lice,  scabies,  and  various  skin  diseases  are  prevalent.  The 
MCPR  estimates  that  MVD  penitentiary  facilities  were  able  to  provide  only  60  to 
70  percent  of  the  daily  food  rations  they  envisioned  providing.  Prisoners  and  detain- 
ees typically  rely  on  families  to  provide  them  with  ejrtra  food. 

Detention  facilities  have  infection  rates  of  tuberculosis  at  far  higher  rates  than 
the  population  at  large.  The  MCPR  reports  that  as  of  the  summer  70,000  persons 
in  corrective  labor  co&nies  and  10,000  in  SIZO's  were  infected  with  tuberculosis.  In 
1996  the  MCPR  asserted  that  the  rate  of  tuberculosis  is  40  times  higher  in  the  pris- 
on system  than  in  the  general  population,  and  that  the  mortality  rates  was  17  tmies 
higher.  HIV/AIDS  infection  rates  are  also  a  source  of  concern.  The  MCPR  reported 
1,000  cases  (which  it  believes  to  be  a  low  figure)in  a  total  prison  population  of^about 
1  million.  The  highest  rate  of  infection  is  in  Kaliningrad,  where  the  MCPR  reports 
between  207  and  225  cases,  one-eighth  of  the  prison  population. 

Statistics  on  the  number  of  detainees  and  prisoners  who  were  killed  or  died  and 
on  the  number  of  law  enforcement  and  prison  personnel  disciplined  for  use  of  exces- 
sive force  are  not  released  publicly.  While  reliable  figures  are  extremely  difficult  to 
establish  Russian  human  rights  groups  have  in  the  past  estimated  that  between 
10,(X)0  and  20,(X)0  detainees  and  prison  inmates  die  each  year  in  penitentiary  facili- 
ties, some  due  to  beatings,  but  most  as  a  result  of  overcrowding,  poor  sanitary  condi- 
tions, or  lack  of  medical  care.  The  Ministry  of  Internal  Affairs  does  not  break  down 
its  statistics  to  specify  how  many  of  the  21,000  personnel  dismissed  were  punished 
for  abusing  detainees  or  convicte.  The  new  Duma  Committee  on  Penitentiary  Re- 
form has  heard  35  complaints  of  abuse  since  1995.  Its  predecessor,  a  Duma  commis- 
sion, investigated  1,200  cases  of  abuse. 

The  penitentiary  system  is  centrally  administered  from  Moscow.  The  MVD,  the 
Ministry  of  Health,  the  Ministry  of  Defense,  and  the  Ministry  of  Education  all  main- 
tain penitentiary  facilities.  The  MVD  oversees  about  85  percent  of  the  prison  popu- 
lation. According  to  GUEN  statistics,  the  total  prison  population  was  1,017,848  as 
of  July  1.  At  year's  end  there  were  reportedly  275,567  detainees  in  centers  built  for 
a  maximum  of  182,358,  according  to  Human  nights  Watch. 

Violence  among  inmates,  including  beatings  and  rape,  is  common,  as  elaborate  in- 
mate-enforced caste  systems  in  which  informers,  homosexuals,  rapists,  rape  victims, 
chUd  molesters,  and  others  are  to  be  "untouchable"  and  treated  very  harshly,  with 
little  or  no  protection  from  the  prison  authorities. 

There  are  five  basic  forms  of  detention  in  the  MVD  correctional  system.  Prison 
conditions  in  police  station  detention  centers  vary  considerably,  but  are  as  a  rule 
harsh.  In  most  cases,  detainees  are  not  fed  and  have  no  bedding,  sleeping  place, 
running  water,  or  toilet. 

Suspects  awaiting  completion  of  criminal  investigation,  trial,  sentencing,  or  appeal 
are  confined  in  pretrial  detention  centers  (SIZO's).  GUIN  has  178  SIZO  s.  Convicts 
are  on  occasion  imprisoned  in  SIZO's  because  there  is  no  transport  to  take  them 
elsewhere.  Conditions  in  SIZO's  are  extremely  harsh.  Cells  are  overcrowded  and 
prisoners  must  sleep  in  shifts  due  to  insufficient  numbers  of  beds. 

Correctional  labor  colonies  (ITK's)  are  penal  institutions,  which  handle  the  bulk 
of  the  convicts.  The  GUIN  reported  on  July  1  that  723,540  persons  were  detained 
in  742  facilities.  According  to  the  MCPR,  conditions  in  ITK's  are  better  than  those 
in  SIZO's  and  prisons  only  to  the  extent  that  there  is  fresh  air.  In  the  122  timber 
correctional  colonies,  where  hardened  criminals  serve  their  time,  beatings,  torture, 
and  rape  by  guards  are  common. 

'Prisons  are  penitentiary  institutions  for  those  who  repeatedly  violate  the  rel- 
atively lax  rules  in  effect  in  ITK's.  The  GUIN  has  13  prisons  with  273,367  inmates. 
Conditions  in  many  prisons  are  extremely  harsh.  Although  they  are  not  as  crowded 
as  SIZO's,  guards  reportedly  severely  discipline  prisoners  to  break  down  resistance. 
Prisoners  are  sometimes  humiliated,  beaten,  and  starved. 

Educational  labor  colonies  for  juveniles  ("VTK's  ")  are  prisons  for  juveniles  14  to 
20  years  of  age.  The  GUIN  reported  on  July  1  that  there  were  20,941  inmates  being 
held  at  61  VTK's.  Conditions  in  VTK's  are  significantly  better  than  in  ITK's,  but 
juveniles  in  VTK's  and  juvenile  SIZO  cells  suffer  from  beatings,  torture,  and  rape. 
The  MCPR  reports  that  such  facilities  have  a  poor  psychological  atmosphere  and 


1251 

lack  educational  and  vocational  training  opportunities.  Many  of  the  iuveniles  are 
from  orphanages,  have  no  outside  support,  and  are  unaware  of  their  rights. 

In  October  President  Yeltsin  signed  an  edict  providing  for  the  transfer  of  the 
GUIN  from  the  MVD  to  the  Ministry  of  Justice,  in  accordance  with  a  recommenda- 
tion of  the  Ministerial  Committee  of  the  Council  of  Europe.  The  MVD  is  resisting 
the  transfer  and  had  prevented  it  from  taking  place  by  year's  end. 

In  January  1996,  President  Yeltsin  approved  the  MVD's  project  to  reorganize 
criminal  procedures  and  the  penal  system  in  order  to  bring  the  penal  system  into 
line  with  international  standards.  Tne  President's  Commission  for  Prison  Reform 
monitors  prison  conditions  and  has  prepared  recommendations  and  legislation  for 
reform.  None  of  these  efforts  have  led  to  any  demonstrable  progress. 

In  recognition  of  the  inhuman  conditions  present  in  detention  facilities,  on  Decem- 
ber 24  the  Duma  passed  the  Yeltsin  administration  proposal  for  an  amnesty  for 
prisoners  held  for  minor  crimes  and  for  first-time  offenders,  specifically  veterans  of 
military  service  in  defense  of  the  Motherland,  pregnant  women  or  women  with  chil- 
dren, invalids,  tuberculosis-infected  prisoners,  minors  and  senior  citizens.  The  meas- 
ure will  potentially  release  445,000  persons,  including  35,000  who  would  be  released 
from  prisons  and  60,000  whose  terms  of  detention  would  be  reduced.  While  noting 
that  tne  measure  will  alleviate  some  of  the  problems  of  overcrowding,  human  rights 
NGO's  argue  that  the  plan  does  not  fuUv  resolve  the  ongoing  crisis. 

Moscow  human  rights  groups  make  frequent  visits  to  the  prisons  in  the  Moscow 
area,  but  they  have  neither  the  resources  nor  a  national  network  to  investigate  con- 
ditions in  all  89  regions.  According  to  the  MCPR,  conditions  in  penal  facilities  vary 
among  the  regions.  Some  regions  offer  assistance  in  the  form  oi  food,  clothing  and 
medicine.  Saratov  oblast,  concerned  over  the  tuberculosis  crisis  in  facilities  located 
there,  fully  funded  the  tuberculosis-related  medicinal  needs  of  prisoners,  according 
to  the  MCPR.  Other  support  is  offered  by  NGO's  and  religious  groups. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^Arbitrary  arrest  and  detention  remain 
problems.  The  Constitution  provides  that  the  arrest,  taking  into  custody,  and  deten- 
tion of  persons  suspected  of  crimes  are  permitted  only  by  judicial  decision.  However, 
the  Constitution's  transitional  provisions  specify  that  these  provisions  do  not  take 
effect  until  a  new  Criminal  Procedure  Code  is  adopted.  The  new. code  had  its  first 
reading  in  and  was  not  expected  to  go  into  effect  until  1998.  The  new  Criminal  Code 
that  was  passed  in  1995  went  into  effect  at  the  beginning  of  1997.  Under  the  new 
code  the  maximum  sentence  increased  from  15  years  to  30  years. 

There  are  credible  reports  from  throughout  the  country  that  police  detain  people 
without  observing  manaated  procedures  and  fail  to  issue  proper  protocols  of  arrest 
or  for  confiscated  property.  Cfredible  reports  exist  of  physical  abuse  being  used  by 
officers  in  these  arrests.  Moscow  city  law  enforcement  authorities  frequently  detain 
persons  unlawfully  for  alleged  violations  of  registration  requirements  (see  Section 
2.d.). 

In  the  absence  of  measures  to  implement  the  procedural  safeguards  contained  in 
the  Constitution,  suspects  were  often  subjected  to  uneven  and  arbitrary  treatment 
by  officials  acting  under  the  present  Criminal  Procedure  Code  and  "temporary"  pres- 
idential decrees.  The  code  gives  procurators  authority  to  issue  an  order  of  detention 
without  a  judge's  authorization  and,  if  police  believe  that  the  suspect  has  conxmitted 
a  crime  or  is  a  danger  to  others,  he  can  be  detained  for  up  to  48  hours  without  a 
warrant.  The  Constitution  and  the  Criminal  Procedure  Code  provide  that  detainees 
are  entitled  to  have  a  lawyer  present  from  the  time  of  detention,  during  questioning 
following  detention,  and  throughout  investigation  up  to  and  including  the  formal  fil- 
ing of  charges.  This  generally  is  followed  in  practice.  The  Moscow  Center  for  the 
Promotion  of  Criminal  Justice  Reform  reports  that  detainees  are  given  the  oppor- 
tunity to  have  access  to  a  lawyer  in  accordance  with  their  ri^ts.  However,  the  Cen- 
ter notes  that  the  high  cost  of  legal  fees  and  the  poor  quality  of  court-appointed  pub- 
lic defenders  for  those  lacking  the  funds  to  engage  counsel  effectively  deny  the  ma- 
jority of  suspects  competent  legal  representation.  As  a  result,  many  prisoners  do  not 
exercise  this  right  because  they  believe  it  useless. 

A  1994  presidential  decree  on  combating  organized  crime  allowed  law  enforcement 
authorities  to  detain  persons  suspected  of  ties  to  organized  crime  for  up  to  30  days 
without  explanation  of  the  reasons  for  detention  and  without  access  to  a  lawyer.  A 
July  1996  decree  on  combating  crime  in  Moscow  went  even  further,  allowing  officials 
to  hold  unregistered  residents  suspected  of  crimes  for  up  to  30  days  and  in  certain 
cases  to  expel  them  from  Moscow.  These  two  decrees  were  overturned  by  a  June  14 
presidential  decree  that  allows  detention  for  up  to  10  days  without  bringing  charges. 
The  June  decree  instructed  the  Government  to  submit  to  the  Duma  a  draft  federal 
law  on  preventing  vagrancy  and  social  rehabilitation  of  the  homeless. 

The  Criminal  Procedure  Code  specifies  that  only  2  months  should  elapse  between 
the  date  an  investigation  is  initiated  and  the  date  the  file  is  transferred  to  the  proc- 


1252 

urator  so  that  he  can  file  formal  charges  against  the  suspect  in  court.  However,  in- 
vestigations are  seldom  completed  that  quickly.  Some  suspects  spend  18  months  or 
longer  in  detention  under  harsh  conditions  in  a  SIZO  while  the  criminal  investiga- 
tion is  conducted.  The  Moscow  Center  for  Prison  Reform  (MCPR)  reports  terms  of 
pretrial  detention  extending  up  to  3  years,  with  the  average  ranging  from  7  to  10 
months.  In  some  extreme  cases,  however,  the  MCPR  reports  detention  periods  of  5 
years  due  to  financial  difficulties  and  poor  investigative  and  court  work.  The  code 
provides  that  the  regional  procurator  may  extend  the  period  of  criminal  investiga- 
tion to  6  months  in  '  complex"  cases.  If  more  time  is  required  in  "exceptional"  cases, 
the  Procurator  General  can  personally  extend  the  period  up  to  18  months.  Exten- 
sions of  the  investigation  period  are  often  issued  without  explanation  to  the  de- 
tainee. Until  the  investigation  is  completed,  the  suspect  is  under  the  jurisdiction  of 
the  procurator's  office  and  the  Ministry  of  Internal  Affairs.  There  is  no  procedure 
for  a  suspect  to  plead  guilty  during  the  investigative  period,  although  if  a  suspect 
informs  the  investigator  that  he  is  guilty,  the  period  of  the  investigation  is  usually 
shorter  than  if  he  maintains  his  innocence.  Suspects  frequently  fear  exercising  their 
rights  to  request  judicial  review  of  their  detention  out  of  fear  of  angering  the  inves- 
tigating officer. 

There  were  also  credible  reports  that  persons  have  been  detained  far  in  excess  of 
the  permissible  periods  for  administrative  offenses,  in  some  cases  so  that  police  offi- 
cials could  extort  money  from  friends  or  relatives.  The  situation  has  improved  some- 
what since  a  Yeltsin  decree  issued  in  the  summer  that  annulled  a  previous  Yeltsin 
decree  that  had  allowed  for  30-day  detentions.  However,  the  practice  of  detaining 
individuals  in  excess  of  permissible  periods  is  still  not  uncommon,  and  this  is  often 
done  for  the  purpose  of  extorting  money. 

The  use  oibail  is  extremely  rare,  even  if  suspects  are  not  flight  risks  or  have  not 
been  charged  with  violent  crimes.  This  aggravates  overcrowding  in  pretrial  deten- 
tion and,  due  to  delays  in  bringing  cases  to  trial,  results  in  many  suspects  remain- 
ing in  pretrial  detention  for  longer  than  the  maximum  penalty  they  might  face  if 
convicted. 

Delays  also  plague  the  trial  stage.  Although  the  Criminal  Procedure  Code  requires 
court  consideration  to  begin  no  more  than  14  days  after  the  judge  issues  the  order 
designating  the  location  of  the  trial,  congestion  in  the  court  system  frequently  leads 
to  long  postponements.  Some  suspects  actually  serve  the  length  of  their  sentences 
while  awaiting  trial.  Judges  often  do  not  dismiss  cases  involving  improper  investiga- 
tions or  indictments,  particularly  if  the  procurator's  case  has  political  support  or  tne 
case  is  controversial.  Instead,  such  cases  are  often  retumea  to  the  procurator  for 
additional  investigation. 

Some  authorities  have  taken  advantage  of  the  system's  procedural  weaknesses  to 
arrest  people  on  false  pretexts  for  expressing  views  critical  of  the  Government. 
Human  rights  advocates  in  the  regions  have  been  charged  with  libel,  contempt  of 
court,  or  interference  injudicial  procedures  in  cases  with  distinct  political  overtones. 
Others  have  been  charged  with  other  offenses  and  held  either  in  excess  of  normal 
periods  of  detention  or  lor  offenses  that  do  not  require  detention  at  all. 

The  case  of  Aleksandr  Nikitin,  a  retired  Russian  naval  captain  who  was  detained 
for  much  of  1996  continued  to  be  characterized  by  serious  violations  of  due  process, 
suggesting  that  his  detention  was  politically  motivated.  The  FSB  detained  Nikitin 
in  St.  Petersburg  in  February  1996  on  suspicion  of  espionage  and  revealing  state 
secrets.  Nikitin  nad  been  working  with  a  Norwegian  environmental  foundation, 
Bellona,  to  publish  information  on  the  dangers  posed  by  the  nuclear  waste  gen- 
erated by  the  northern  fleet,  in  which  Nikitin  had  served. 

In  December  1996,  the  federal  Deputy  Procurator  General  ordered  the  FSB  to  re- 
lease Nikitin  on  his  own  recognizance.  Nikitin  remains  at  liberty  but  was  restricted 
to  the  St.  Petersburg  city  limits,  although  he  was  permitted  to  visit  Moscow  in  No- 
vember 

On  June  17,  the  FSB  announced  its  most  recent  charges  against  Nikitin,  "state 
treason"  and  "revealing  state  secrets,"  crimes  punishable  by  up  to  20  years  in  pris- 
on. The  FSB  was  subsequently  granted  several  3-month  extensions  to  their  inves- 
tigation, the  reasons  for  which  are  unclear.  The  FSB  concluded  its  investigation  in 
September,  but  the  defense  team  protested  that  key  documents  were  removed  from 
the  case  file.  The  court  upheld  the  challenge,  and  the  FSB  restored  the  file  and 
closed  its  investigation  in  November. 

The  indictments  reportedly  cite  classified  decrees  that  have  never  been  made 
available  to  Nikitin's  defense  team  and  were  unknown  to  Nikitin  when  he  was  writ- 
ing the  Bellona  report.  Two  of  them  were  issued  in  1993  (after  Nikitin's  retirement 
in  1992)  and  one  was  issued  in  1996,  after  Nikitin's  arrest.  A  third  was  not  sched- 
uled to  take  effect  until  January  1,  1998.  The  prosecution  also  has  not  made  avail- 
able the  findings  of  its  expert  review  (conducted  solely  by  Defense  Ministry  officers) 


1253 

and  has  refused  the  defense  team's  right  to  an  independent  expert  review  of  the  ma- 
terial grounds  for  the  indictment. 

The  defense  team  demonstrated  that  all  the  information  used  in  Nikitin's  report 
is  freely  available  in  open  sources.  It  also  has  challenged  the  FSB's  use  of  classified 
decrees  as  the  basis  for  indictment  on  the  grounds  that  the  Constitution  specifies 
that  "any  normative  legal  enactments  affecting  human  and  civil  rights,  freedoms, 
and  duties  cannot  be  applied  unless  they  have  been  officially  published  for  universal 
information."  Finally,  the  defense  team  has  cited  constitutional  provisions  giving 
"each  person  .  .  .  the  right  to  a  decent  environment  [and]  reliable  information  about 
the  state  of  the  environment"  as  a  reason  that  none  of  the  information  can  legally 
be  classified. 

Grigoriy  Pasko,  an  active-duty  ofiicer  in  the  Pacific  Fleet,  was  arrested  on  sus- 
picion of  treason  in  November.  His  attorney  questioned  the  legality  of  the  arrest  and 
claimed  that  Pasko  is  being  persecuted  for  his  environmental  activism. 

Murmansk  human  rights  activist  Oleg  Pazyura  was  arrested  on  May  26.  The  spe- 
cific charges  under  which  he  would  be  tried  were  not  known  at  year's  end.  It  is  oe- 
lieved  that  the  charges  have  to  do  with  libeling,  insulting,  and  possibly  threatening 
public  ofTicials.  His  defenders  allege  that  Pazyura  was  taken  to  St.  Petersburg  some 
time  toward  the  end  of  the  year  for  court-mandated  psychiatric  testing,  allegedly  to 
remove  him  from  the  purview  of  a  team  from  the  general  procurator's  office,  which 
had  arrived  in  Murmansk  from  Moscow  to  review  his  case.  He  was  returned  to  Mur- 
mansk in  late  December,  after  the  team  had  returned  to  Moscow.  Pazyura's  trial 
was  scheduled  for  January  19,  1998. 

Vasiliy  Chaykin,  an  activist  with  the  Krasnodar  FVovincial  Association  for  the 
Protection  of  Human  Rights,  was  arrested  on  April  17  on  charges  of  statutory  rape. 
Chaykin  denies  the  charges  and  claims  that  they  stem  from  his  vocal  criticism  of 
law  enforcement  authorities.  Chaykin  was  denied  access  to  a  lawyer  of  his  choice 
for  a  month  after  his  arrest. 

Larisa  Kharchenko,  a  housing  advisor  to  former  St.  Petersburg  Mayor  Anatoliy 
Sobchak,  was  detained  in  July  in  connection  with  a  corruption  case  involving  the 
former  Mayor.  She  was  held  incommunicado  for  17  days  and  then  charged  with 
bribery  and  abuse  of  office.  Her  lawyer  contended  that  the  authorities  do  not  have 
a  case  against  her  and  that  she  was  kept  in  jail  and  deprived  of  medical  care  in 
order  to  force  her  to  testify  against  Sobchak.  She  was  released  in  mid-December, 
but  must  stay  in  St.  Petersburg  pending  further  developments  in  her  case.  No  trial 
date  has  been  set. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary; the  development  of  an  independent  judiciary  continued  and  there  are  signs 
of  limited  independence.  However,  the  judiciary  does  not  yet  act  as  an  effective 
counterweight  to  other  branches  of  government.  A  1996  law  separated  the  courts 
from  the  Ministry  of  Justice  and  placed  them  within  a  separate  part  of  the  Judicial 
Department.  In  the  1998  budget,  this  department  is  funded  independent  of  the  Min- 
istry. Judges  remain  subject  to  some  influence  from  the  executive,  military,  and  se- 
curity forces,  especially  in  high  profile  or  political  cases.  The  judiciary  also  lacks  re- 
sources and  is  subject  to  corruption. 

Low  salaries  and  scant  prestige  make  it  difficult  to  attract  talented  new  judges 
and  contribute  to  the  vulnerability  of  existing  judges  to  bribery  and  corruption.  On 
July  29,  President  Yeltsin  ordered  a  65  percent  pay  raise  (from  an  average  salary 
of  $333  (rr  2  million)  to  $533  (rr  3.2  million  per  month)  in  an  attempt  to  attract 
new  judges  to  fill  approximately  1,500  vacancies  in  the  judiciary. 

The  Criminal  Code  provides  for  the  court  to  appoint  a  lawyer  if  the  suspect  cannot 
afford  one.  The  Society  for  the  Guardianship  oi  Penitentiary  Institutions  is  often 
called  upon  by  judges  to  provide  legal  assistance  for  suspects  facing  charges  and 
trial  without  any  representation.  This  society  operates  primarily  in  Moscow,  al- 
though it  uses  its  connections  throughout  Russia  to  appeal  to  legal  professionals  to 
represent  the  indigent.  However,  in  many  cases  the  indigent  receive  little  legal  as- 
sistance, because  lunds  are  lacking  to  pay  for  trial  attorneys  for  them  and  public 
defenders  are  poorly  trained. 

Because  the  right  to  a  lawyer  during  pretrial  questioning  is  often  not  exercised 
(see  Section  l.d.),  many  defendants  recant  testimony  given  in  pretrial  questioning, 
stating  that  they  were  denied  access  to  a  lawyer  or  that  they  were  coerced  into  giv- 
ing false  confessions  or  statements.  Nevertheless,  human  rights  monitors  have  docu- 
mented cases  in  which  convictions  were  obtained  on  the  basis  of  testimony  that  the 
defendant  recanted  in  court,  even  in  the  absence  of  other  proof  of  guilt. 

In  the  80  regions  where  adversarial  jury  trials  have  not  yet  been  introduced, 
criminal  procedures  are  heavily  weighted  in  favor  of  the  procurator.  The  judge  or 
panel  of  judges  conduct  the  trial  by  asking  questions  based  on  their  prior  review 


1254 

of  the  evidence.  Reports  indicate  that  in  practice  the  constitutionally-mandated  pre- 
sumption of  innocence  is  often  disregarded.  Judges  are  known  to  return  poorly  de- 
veloped cases  to  the  prosecution  for  additional  investigation  rather  than  risk  con- 
frontation with  powerful  prosecutors.  This  greatly  increases  the  time  that  defend- 
ants spend  in  SIZO's  (see  Section  I.e.). 

Adversarial  jury  trials,  at  the  option  of  the  accused  in  cases  where  there  is  a  risk 
of  a  death  penalty,  were  introduced  in  1993  and  1994  in  nine  areas,  comprising  23 
percent  of  the  population.  The  Department  of  Judicial  Reform  of  the  State  Legal  Ad- 
ministration of  the  President,  which  is  charged  with  reintroducing  jury  trials, 
planned  in  early  1996  to  expand  jury  trials  to  12  new. regions,  but  failed  to  do  so 
due  to  lack  of  mnds.  Such  an  expansion  would  extend  access  to  jury  trials  to  ap- 
proximately half  of  the  population. 

The  Moscow  Center  for  the  Promotion  of  Criminal  Justice  Reform  reports  that  336 
cases,  involving  618  persons,  were  tried  by  jury  in  1996.  Of  these,  80  resulted  in 
acquittals  (19.1  percent)  and  around  one  quarter  were  returned  for  further  inves- 
tigation. According  to  the  Center's  figures,  the  acquittal  rate  for  nonjury  trials  is 
approximately  2  percent. 

In  April  Amnesty  International  reported  on  efforts  by  the  Government  of  the 
breakaway  Republic  of  Chechnya  to  establish  a  new  criminal  code  based  on  the  Is- 
lamic Shari'a  code.  Although  the  code  has  not  been  formally  enacted,  elements  of 
Shari'a  law  have  already  been  cited  in  court  decisions.  Four  Chechens  were  found 
guilty  by  Shari'a  courts  and  executed  publicly  by  firing  squad  in  August  and  Sep- 
tember. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  states  that  officials  can  enter  a  private  residence  only  in  cases  pre- 
scribed by  federal  law  or  on  the  basis  of  a  judicial  decision.  It  permits  the  (jovem- 
ment  to  monitor  correspondence,  telephone  conversations,  and  other  means  of  com- 
munication only  with  judicial  permission.  It  prohibits  the  collection,  storage,  utiliza- 
tion, and  dissemination  of  information  about  a  person's  private  life  without  his  con- 
sent. However,  the  implementing  legislation  necessary  to  bring  these  provisions  into 
effect  has  not  yet  been  passed.  In  1995  legislation  was  passed  that  gave  broad  au- 
thority for  the  FSB  to  utilize  domestic  surveillance  and  to  conduct  searches  of  pri- 
vate residences,  with  only  limited  oversight  by  the  courts  and  the  procuracy.  These 
measures  remain  in  force.  There  were  reports  of  electronic  surveillance  by  govern- 
ment officials  and  others.  Moscow  police  entered  residences  without  warrants  during 
checks  for  illegal  residents  of  the  city  (see  Section  2.d.). 

Officers  in  the  special  services,  including  authorities  at  the  highest  levels  of  the 
Ministry  of  Internal  Affairs  (MVD)  and  Federal  Security  Service  (FSB),  have  been 
accused  of  using  their  services'  power  to  gather  "kompromat"  (compromising  mate- 
rials) on  political  and  public  figures  as  political  insurance  and  to  remove  rivals. 
Similarly,  persons  in  these  agencies,  both  active  and  retired,  have  been  accused  of 
working  with  commercial  or  criminal  organizations  for  the  same  purpose.  For  exam- 

f>le,  there  were  reports  that  a  criminal  organization  was  responsible  for  taping  or 
eaking  a  videotape  showing  Justice  Minister  Valentin  Kovalev  disporting  himself 
with  young  women  in  a  bathnouse. 

There  are  credible  reports  that  regional  branches  of  the  FSB  continue  to  exert 
pressure  on  citizens  employed  by  western  firms  and  organizations,  often  with  the 
goal  of  coercing  them  into  becoming  informants. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  the 
press  and  mass  iniormation  and  the  "right  of  each  person  to  seek,  pass  on,  produce, 
and  disseminate  information  freely  by  any  legal  method."  The  (jovemment  generally 
respects  these  provisions;  however,  tne  law  contains  provisions  regarding  secrecy  of 
information  that  federal,  regional,  and  local  authorities  have  on  occasion  chosen  to 
interpret  broadly  in  order  to  limit  access  to  information  and  to  prosecute  journalists 
and  media  organizations  that  publish  critical  information. 

Because  Russian  media  generally  are  not  financially  self-  sufficient,  they  are  sub- 
ject to  manipulation  by  the  Government  and  by  companies  that  are  their  majority 
shareholders.  These  financial  entities  manipulate  the  media  at  times  to  further 
their  own  political  and  financial  goals.  Journalists  and  editors  admit  that  the  politi- 
cal and  business  interests  of  major  shareholders  are  paramount,  causing  journalists 
to  practice  self-censorship.  Prominent  Russian  human  rights  activist  Sergey  Kovelov 
has  stated  that,  in  these  circumstances,  "The  Russian  media  are  free  but  not  inde- 
pendent." 

Despite  this,  the  major  print  media  organizations  represent  Russia's  broad  politi- 
cal spectrum  and  provide  readers  with  a  variety  of  information.  Independent  and 


1255 

semi-independent  television  stations  continue  to  develop,  and  the  number  of  small 
private  radio  stations,  mostly  in  the  big  cities,  continues  to  increase.  Nevertheless, 
reports  of  government  pressure  on  the  media  continue,  particularly  when  coverage 
deals  with  corruption  or  criticism  of  the  authorities. 

Private  companies  began  investing  heavily  in  the  media  market  in  1997,  even 
though  the  media  generally  are  not  yet  profitable.  The  most  powerful  companies, 
such  as  Lukoil,  Gazprom,  and  a  number  of  banks,  fought  for  influence  on  the  Mos- 
cow media  maritet  and  began  to  invest  in  media  in  the  provinces. 

Federal,  regional,  and  local  governments  continued  to  exert  pressure  on  ioumal- 
ists  by  depriving  them  of  access  to  information,  using  accreditation  procedures  to 
limit  access,  removing  them  from  their  jobs,  and  bringing  libel  suits  against  them. 
The  Glasnost  Defense  Fund's  (GDF)  mid-year  report  noted  that  such  actions  against 
journalists  increased  from  126  cases  in  the  first  naif  of  1996  to  202  in  the  first  half 
of  1997.  By  year's  end  the  GDF's  updated  figures  for  1997  included  420  cases  in 
which  the  rights  of  journalists  and  press  freedom  were  violated.  Further,  the  GDF 
reported  that  there  were  353  incidents  in  which  journalists  and  media  sources  were 
accused  by  the  authorities  of  abuse  of  their  journalistic  privileges  (defined  as  "incite- 
ment to  societal  animosity,"  violations  related  to  advertising  activity,  campaign  ac- 
tivities, publication  of  state  secrets,  and  libel). 

Accreoitation  rules  often  violate  the  constitutional  right  of  journalists  to  access  to 
information.  For  example,  at  the  beginning  of  the  year,  the  public  relations  depart- 
ment of  the  Ministry  of  Internal  Affairs  revised  its  accreditation  procedure  and  re- 
quired journalists  to  submit  their  articles  for  the  previous  6  months  in  order  to  be 
considered  for  accreditation.  The  Internal  Affairs  Ministry  withdrew  this  policy  only 
afler  the  GDF  insisted  that  such  a  requirement  violated  federal  law. 

In  March  the  State  duma  withdrew  accreditation  from  ORT  (Russian  public  tele- 
vision) journalists  on  the  grounds  that  their  coverage  of  a  duma  debate  was  not  ob- 
jective. For  3  weeks  these  journalists  were  refused  access  to  duma  piioceedings;  the 
Supreme  Court  ruled  the  duma's  action  illegal. 

In  the  provinces,  the  use  of  accreditation  to  limit  journalists'  access  was  even 
more  common  because  every  regional  duma,  court,  or  city  administration  devises  its 
own  accreditation  procedures.  In  July  the  Bryansk  duma  refused  to  renew  the  ac- 
creditation of  Yevgeniy  Yegorov,  a  journalist  from  the  local  daily  Dobriy  Den,  be- 
cause he  wrote  an  article  criticizing  the  deputies'  excessive  expenditures  on  business 
trips  and  gifts.  In  May  the  Novosibirsk  mayor  denied  accreditation  to  journalists 
from  Komok  newspaper  on  the  grounds  that  he  needed  "to  see  how  they  do  for  a 
month  or  two"  and  that  he  had  a  feeling  that  the  newspaper  might  be  "shut  down." 

The  number  of  court  cases  against  journalists  increased  2.5  times  over  1996.  In 
the  majority  of  these  cases,  a  government  body  or  individual  official  accused  journal- 
ists and  their  newspapers  oi  "causing  damage  to  reputation."  According  to  the 
GDF's  mid-year  report,  libel  and  criminal  proceedings  against  journalists  often  do 
not  have  a  sound  legal  foundation.  Nonetheless,  judges  rule  against  the  media  in 
the  majority  of  these  cases  because  the  law  is  vague  and  judges  are  reluctant  to 
challenge  powerful  local  ofTicials.  Such  rulings  reinforce  the  tendency  towards  self- 
censorship. 

Journalists  publishing  critical  information  about  local  governments  and  influen- 
tial businesses,  as  well  as  investigative  journalists  writing  about  crime  and  other 
sensitive  issues,  were  subjected  to  threats,  beatings,  and  even  murder.  In  a  1997 
report  on  violations  of  the  rights  of  journalists,  the  GDF  found  numerous  instances 
of  harassment,  including  financial  pressure,  physical  assaults,  and  threats  against 
journalists'  families. 

In  a  widely  publicized  incident,  Duma  member  and  leader  of  the  Liberal  Demo- 
cratic Party  Vladimir  Zhirinovskiy  physically  attacked  Moscow  Television  Channel 
(MTK)  journalist  Yulia  Olshanskaya  and  a  cameraman  from  the  2x2  television 
channel,  Valeriy  Ivanov.  Zhirinovskiy  attacked  the  journalists  because  they  tried  to 
film  him  as  he  attempted  to  cross  the  militia  cordon  at  the  annual  May  9  World 
War  II  victory  celebration.  Zhirinovskiy  dragged  Olshanskaya  to  a  nearby  car, 
forced  her  in,  and  locked  her  inside.  Then  he  and  his  bodyguards  proceeded  to  beat 
up  Ivanov,  repeatedly  slamming  a  car  door  on  his  head.  Tne  Committee  to  Protect 
Journalists  sent  a  letter  to  President  Boris  Yeltsin  expressing  concern  over  the  in- 
difference of  law-  enforcement  officers  towards  these  attacks  on  journalists. 
Olshanskaya  filed  criminal  charges  against  her  attacker.  Zhirinovskiy  was  not  de- 
tained (Duma  members  enjoy  immunity  from  criminal  prosecution),  and  the  case 
against  the  bodyguards  is  still  pending. 

In  the  regions  outside  the  major  media  markets  of  Moscow  and  St.  Petersburg, 
the  pressure  against  the  media  is  even  more  pronounced.  Local  authorities  and 
criminal  groups  often  feel  that  they  have  absolute  power  in  "their"  regions.  Many 
authorities  continued  to  use  their  ownership  of  meaia  premises,  printing  facilities, 


45-909    98-41 


1256 

government  subsidies,  and  charges  of  libel  to  pressure  the  media.  In  May  two  men 
severely  beat  "Komsomolskaya  Pravda"  correspondent  Irina  Chemova  in  the  center 
of  Volgograd.  Chemova  alleged  that  the  attack  was  connected  to  one  of  the  two  in- 
vestigations that  she  was  working  on  at  the  time.  One  involved  suspicious  dealings 
between  the  local  Hermes-  Povolzhve  Bank  and  a  local  drilling  technology  factory. 
The  other  involved  the  Volgograd  Region  police,  against  which  she  brou^t  harass- 
ment charges  shortly  before  the  incident. 

In  February  two  journalists  of  Irkutsk's  Zemlya  newspaper,  Robert  Sheptalin  and 
Aleksandr  Shakhmatov,  were  arrested  and  imprisoned  on  bribery  charges.  Their  col- 
leagues alleged  that  the  two  men  were  imprisoned  as  a  result  of  their  unfavorable 
reporting  on  prominent  city  oflicials.  They  were  still  in  prison  months  after  their 
arrest,  and  the  investigation  was  not  proceeding. 

Several  journalists  were  killed  throughout  the  country.  However,  at  year's  end,  it 
was  not  yet  known  whether  they  were  killed  in  circumstances  connected  to  their 
work.  For  example,  on  March  20,  a  radio  correspondent  of  Kabardino-Balkariya 
radio,  Vladimir  Alivev,  was  found  with  a  cracked  skull  60  kilometers  from  the  re- 
gion's capital,  Nalcnik,  and  died  from  the  injury  a  few  davs  later.  Even  though  the 
attack  was  classified  as  a  theft  because  his  documents  ana  money  were  missing,  the 
journalist's  colleagues  are  convinced  it  was  murder.  They  claim  Aliyev  received  nu- 
merous death  threats  before  the  attack.  The  local  procuracy,  which  seems  to  be 
treating  it  as  a  routine  homicide,  states  that  the  case  has  been  closed  because  the 
alleged  perpetrator  has  since  died. 

Komsomolskaya  Pravda  special  corresjjondent  Valeriy  Krivosheyev  was  killed  in 
Lipetsk  on  September  6.  According  to  a  report  from  the  Committee  to  Protect  Jour- 
nalists, Krivosheyev  had  told  colleagues  the  day  before  that  he  was  pursuing  a  story 
that  he  termed  'a  bombshell  of  national  proportions."  Krivosheyev  had  previously 
pursued  controversial  stories  as  an  investigative  journalist  for  the  Lipetsk  daily  De 
Fakto. 

The  Government's  information  policy  remained  restrictive.  Facts,  documents,  and 
statistical  data  are  still  frequently  kept  from  the  press.  The  secrecy  of  information, 
and  the  resistance  of  senior  officials  to  its  release,  were  typically  cited  as  pretexts 
for  refusing  to  provide  information  to  journalists. 

In  response  to  the  kidnapings  of  iournalists  in  Chechnya  in  March,  the  Chechen 
Internal  Affairs  Ministry  announced  that  all  journalists  wishing  to  visit  Chechnya 
must  register  with  the  Ministry,  travel  to  the  Republic  only  by  air,  stay  in  the  gov- 
ernment compound  at  the  airport,  and  hire  armed  government  bodyguards.  Russian 
and  foreign  correspondents  generally  refused  to  comply. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — ^The  Constitution  provides  citi- 
zens with  the  right  to  assemble  freely,  and  the  Government  respects  this  right  in 
practice.  Organizations  must  obtain  permits  in  order  to  hold  public  meetings.  The 
application  process  must  begin  between  5  and  10  days  before  the  scheduled  event. 
Citizens  freely  and  actively  protested  government  decisions  and  actions.  Permits  to 
demonstrate  were  readily  granted  to  both  opponents  and  supporters  of  the  Govern- 
ment. 

The  Constitution  provides  for  freedom  of  association,  and  the  Government  re- 
spects this  right  in  practice.  Public  organizations  must  register  their  bylaws  and  the 
names  of  their  leaders  with  the  Ministry  of  Justice.  In  1995  a  registration  law  was 
passed  specifying  that  organizations  had  until  1999  to  reregister. 

In  addition  to  submitting  their  bylaws  and  the  names  of  their  leaders,  political 
parties  must  present  5,000  signatures  and  pay  a  fee  to  register.  The  Constitution 
and  the  law  on  elections  ban  the  participation  in  elections  of  organizations  that  pro- 
fess anticonstitutional  themes  or  activities. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  The  Constitution  also  provides  for  the 
equality  of  all  religions  before  the  law  and  the  separation  of  church  and  state.  How- 
ever, in  practice  the  Government  does  not  always  respect  the  provision  for  equality 
of  religions.  In  December  1990,  the  Soviet  Government  adopted  a  law  on  religious 
freedom  designed  to  put  all  religions  on  an  equal  basis.  (After  the  breakup  of  the 
Soviet  Union,  this  law  became  part  of  the  Russian  Federation's  legal  code.)  The  law 
forbade  government  interference  in  religion  and  established  simple  registration  pro- 
cedures for  religious  groups.  Registration  of  religious  groups  was  not  required,  and 
some  evangelical  and  other  religious  groups  have  continued  to  operate  while  choos- 
ing not  to  register  officially  with  the  Government.  By  registering,  however,  groups 
obtained  a  number  of  advantages;  for  example,  the  ability  to  establish  official  places 
of  worship  or  benefit  from  tax  exemptions.  The  Government  does  not  designate  reli- 
gion on  passports  or  national  identity  documents. 

Over  the  past  several  years  the  sharp  increase  in  the  activities  of  well-financed 
foreign  missionaries  has  disturbed  many  sectors  of  society,  particularly  nationalists 


1257 

and  those  in  the  Russian  Orthodox  Church,  some  of  whom  advocated  limiting  the 
activities  of  what  they  termed  "nontraditional"  reUgious  groups  and  what  were 
sometimes  termed  "totalitarian  sects." 

In  October  the  Government  enacted  a  new,  restrictive,  and  potentially  discrimina- 
tory law  on  religion,  which  raised  questions  about  the  Grovemment's  commitment 
to  international  agreements  honoring  freedom  of  religion.  Passage  of  the  law 
prompted  concern  in  the  international  community  because,  for  the  first  time  since 
the  break-up  of  the  Soviet  Union,  Russia  had  adopted  legislation  that  could  abridge 
fundamental  human  rights.  This  law  replaced  the  progressive  1990  religion  law  that 
had  helped  facilitate  a  revival  of  religious  activity. 

The  new  law  was  ostensibly  targeted  at  so-called  "totalitarian  sects"  or  dangerous 
religious  cults.  However,  the  intent  of  some  of  the  law's  sponsors  appears  to  have 
been  to  discriminate  against  members  of  less  well-established  religions  by  making 
it  difficult  for  them  to  manifest  their  beliefs  through  organized  religious  institutions. 

The  law  is  very  complex,  with  many  ambiguous  and  contradictory  provisions.  Sup- 
porters and  critics  of  the  law  differ  as  to  its  potential  impact;  each  side  can  cite  lan- 
guage in  the  law  to  support  its  interpretation.  The  law's  most  controversial  provi- 
sions center  on  the  creation  of  various  categories  of  religious  communities  witn  dif- 
fering levels  of  legal  status  and  privileges.  The  law  draws  distinctions  between  reli- 
gious "groups"  and  "organizations"  and  creates  two  categories  of  organization:  "re- 
gional" and  "centralized."  A  religious  group  is  a  congregation  of  worshipers  that  does 
not  have  the  status  of  a  juridical  person,  meaning  it  cannot  open  a  bank  account, 
own  property,  issue  invitations  to  foreign  guests  or  publish  literature,  among  other 
things.  Individual  members  of  groups  will  presumably  retain  these  rights.  For  ex- 
ample, a  member  of  a  religious  group  could  buy  property  for  the  group's  use,  and 
invite  personal  guests  to  engage  m  religious  instruction,  and  import  religious  mate- 
rial. In  this  case,  however,  the  group  would  not  enjoy  tax  benents  and  other  privi- 
leges extended  to  religious  organizations. 

Groups  that  have  been  in  existence  for  15  years  have  the  right  to  obtain  the  sta- 
tus of  local  religious  organizations."  Similarly,  congregations  that  existed  for  15 
years  when  the  new  law  was  enacted  will  also  be  eligible  for  registration  as  an  orga- 
nization. Organizations,  both  local  and  centralized,  are  juridical  persons,  enjoy  tax 
exemptions,  and  are  permitted  to  establish  religious  schools  and  to  host  foreign  reli- 
gious workers.  Acentralized  religious  organizations  can  be  founded  by  a  confession 
that  has  three  functioning  "local  organizations"  in  different  regions.  A  centralized 
organization  apparently  has  the  right  to  establish  affiliated  local  organizations  with- 
out adhering  to  the  15-year  rule. 

Under  the  new  law,  representatives  of  foreign  religious  organizations  are  required 
to  register  with  state  authorities,  and  are  barred  from  conducting  liturgical  and 
other  religious  activity  unless  they  have  acquired  the  status  of  a  group  or  organiza- 
tion. 

Critics  of  the  law  have  claimed  that  it  violates  the  Constitution's  provision  of 
equality  before  the  law  of  all  confessions.  In  particular,  many  religious  groups  criti- 
cized the  law's  requirement  that  religious  groups  be  in  existence  for  15  years  before 
they  can  qualify  for  "organization'  status.  Also,  many  groups  feared  the  con- 
sequences of  the  law's  provisions  limiting  the  actions  of  foreign  religious  mission- 
aries. Representatives  of  some  religions,  such  as  the  Mormon  Church  and  some  Pen- 
tecostal and  Charismatic  Christian  groups,  have  said  that  their  activities  in  Russia 
could  be  halted  under  the  law.  Critics  of  the  law  have  also  expressed  concern  that 
local  authorities  could  abuse  the  new  law  by  interpreting  and  implementing  it  more 
strictly  than  intended  by  the  Federal  Government. 

President  Yeltsin  ana  high-ranking  officials  have  consistently  stated  that  the  law 
would  be  applied  in  a  liberal,  tolerant  manner,  thereby  preserving  religious  freedom 
and  the  equality  of  confessions.  No  mainstream  religion  already  operating  in  Russia, 
they  insist,  would  see  its  activities  curtailed  as  a  result  of  the  new  law.  Though  for- 
mally in  force  at  year's  end,  the  full  effects  of  the  law  were  not  yet  apparent  as  im- 
plementing regulations  had  not  been  promulgated.  The  full  effect  of  the  law  may 
not  be  clear  until  the  end  of  1999,  the  time  before  which  organizations  registered 
under  the  old  law  are  required  to  obtain  new  registration.  Since  its  adoption,  in  fact, 
no  religious  group  has  completely  ceased  operations  in  Russia  as  a  result  of  the  law. 

However,  tnere  were  numerous  instances  of  obstruction  of  religious  groups'  activi- 
ties by  local  authorities  who  cited  the  new  law,  and  more  significantly,  two  reported 
instances  of  punishment  for  religious  belief  or  activity.  For  example,  on  Octooer  2, 
police  in  Moscow  detained  followers  of  the  Orthodox  Society  of  True  Believers  and 
committed  them  to  a  psychiatric  hospital  for  treatment  (see  Section  I.e.).  The  police- 
men attributed  their  actions  to  the  new  law.  In  October  a  mayor  in  Yamalo- 
Nenetskiy  autonomous  okrug  wrote  a  letter  informing  a  local  judge  that  the  latter 


1258 

could  no  longer  carry  out  his  official  duties  because  he  was  a  member  of  a  "sect" 
(the  Pentecostal  Church). 

In  another  case,  local  authorities  citing  the  new  law  canceled  the  registration  of 
the  Evangelical  Lutheran  mission  in  the  town  of  Touim  in  the  autonomous  Republic 
of  Khakasiya.  The  registration  was  reinstated,  reportedly  after  intervention  by  the 
authorities  in  Moscow.  However,  in  November  the  chief  procurator  of  Khakasiya  in- 
formed the  mission  of  his  intention  to  seek  judicial  approval  of  his  efforts  to  cancel 
the  mission's  registration.  Similarly,  the  pastor  of  an  independent  Pentecostal  con- 
gregation in  the  town  of  Semnadtsat,  about  25  miles  west  of  Moscow,  said  that  local 
authorities  had  cited  the  new  law  to  him  when  informing  him  in  August  that  his 
group  would  no  longer  be  able  to  rent  a  classroom  for  Sunday  worship.  On  October 
12,  the  head  of  the  Moscow  oblast  regional  administration  refused  to  reissue  an  au- 
thorization to  a  Pentecostal  group  to  rent  a  community  center  for  religious  services. 
Many  towns  in  Russia  have  virtually  no  facilities  available  for  worship  services  that 
are  not  government-owned. 

Furthermore,  since  1994,  22  out  of  89  regional  governments  have  passed  restric- 
tive laws  and  decrees  intended  to  restrict  the  activities  of  religious  groups.  The  Fed- 
eral Government  has  not  sought  to  challenge  the  constitutionality  of  these  restric- 
tions. Enforcement  is  uneven,  but  there  are  reports  that  some  local  governments 
prevented  religious  groups  from  using  venues,  such  as  cinemas,  suitable  for  large 
gatherings.  As  a  result,  in  some  instances  denominations  that  do  not  have  their  own 
property  effectively  have  been  denied  the  opportunity  to  practice  their  faith  in  large 
groups.  In  Kursk,  for  example,  authorities  declined  to  renew  agreements  with  the 
Catholic  community  granting  it  access  to  the  Church  of  the  Assumption  (a  Catholic 
church  confiscated  by  the  Bolsheviks  and  converted  into  a  House  of  Culture);  the 
congregation  has  reportedly  resorted  to  meeting  in  the  street  outside.  Similarly, 
Belgorod  authorities  refused  to  register  the  Catholic  community  there  on  the 
grounds  that  Catholicism  is  a  "foreign"  religious  organization,  and  refused  to  return 
the  Catholic  Church  of  Saints  Peter  and  Paul  to  the  Catholic  community.  Instead, 
city  authorities  reportedly  plan  to  turn  the  building  into  an  Orthodox  museum.  A 
Catholic  priest  was  reportedly  told  that  he  could  not  conduct  mass,  even  in  a  private 
apartment. 

These  and  other  actions  in  certain  regions  have  given  rise  to  concern,  but  there 
are  positive  notes  as  well:  the  governor  of  St.  Petersburg  vetoed  restrictive  legisla- 
tion on  the  grounds  that  its  principles  were  unconstitutional  and  that  the  strictures 
imposed  on  religious  groups  were  not  within  the  power  of  the  city's  government  to 
establish.  While  the  local  legislature  passed,  and  the  governor  of  Sverdlovsk  oblast 
signed,  a  restrictive  religion  law  in  October  1996,  executive  branch  officials  have  re- 
fused to  enforce  the  law,  citing  fear  of  lawsuits  by  minority  faiths,  vagueness  in  the 
law's  provisions,  and  the  belief  by  officials  that  some  of  the  provisions  of  the  law 
were  unconstitutional.  The  Supreme  Court  of  the  Republic  of  Udmurtiya  struck 
down  a  1996  republic  law  restricting  freedom  of  religion. 

Despite  constitutional  provisions  for  equality  of  religions,  in  many  areas  of  the 
country  it  appeared  that  the  Russian  Orthodox  Church  (Moscow  Patriarchate)  and, 
in  some  regions,  Islam,  had  privileged  positions,  particularly  in  the  pace  of  return 
of  previously  nationalized  religious  properties  and  in  the  allocation  of  public  funds 
for  restoration  and  construction  of  church  properties. 

Property  disputes  are  some  of  the  most  frequent  complaints  cited  by  religious 
groups.  For  the  most  part,  synagogues,  churches,  and  mosques  have  been  returned 
to  communities  to  be  used  for  religious  services.  In  certain  cases  churches  have  not 
yet  been  returned.  Moreover,  the  Moscow  Patriarchate  has  claimed  and  taken  pos- 
session of  properties  owned  by  other  branches  of  orthodoxy.  On  October  9,  local  offi- 
cials filed  a  petition  in  Penza  oblast  court  to  evict  the  Russian  Orthodox  Free 
Church  from  a  church  building  that  it  had  been  using  for  several  years.  The  Moscow 
Patriarchate  openly  supported  this  action  and  the  property  was  returned  to  them. 
Similarly,  at  the  request  of  the  Russian  Orthodox  Archbishop  of  Vladimir  and 
Suzdal,  the  Ministry  of  Culture  and  the  State  Property  Committee  ordered  the  Rus- 
sian Orthodox  Free  Church  community  in  Vladimir  oblast  in  mid-October  to  relin- 
quish its  church  to  the  Moscow  Patriarchate.  In  some  property  disputes,  religious 
buildings  have  been  "privatized,"  and  local  authorities  often  refuse  to  get  involved 
in  property  disputes,  which  they  contend  are  between  private  organizations.  Even 
where  state  or  municipal  authorities  still  have  undisputed  control  of  properties,  a 
number  of  religious  communities  continue  to  meet  significant  obstacles  when  they 
request  the  return  of  religious  buildings,  or  when  they  seek  to  acquire  land  and  nec- 
essary building  permits  for  new  religious  structures.  Some  Protestant  faiths  have 
suggested  that  the  Russian  Orthodox  Church  influences  the  Government  regarding 
land  allocated  for  churches  of  other  sects. 


1259 

Although  Jews  and  Muslims  continue  to  encounter  prejudice  and  societal  discrimi- 
nation, they  have  not  been  inhibited  by  the  Government  in  the  free  practice  of  their 
religion.  In  some  areas  of  the  country,  other  religions,  including  Buddhism,  various 
minority  Christian  faiths,  and  Shamanism  are  practiced  in  accord  with  local  tradi- 
tions. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  citizens  with  the  right  to  choose  their  place 
of  residence  freely.  However,  regional  governments  continue  to  restrict  this  right 
through  residential  registration  rules  that  closely  resemble  the  Soviet-era  "propiska" 
(pass)  regulations.  Altnough  the  rules,  which  came  into  effect  at  the  beginning  of 
1996,  were  touted  as  a  notification  device  rather  than  a  control  system,  their  appli- 
cation has  produced  many  of  the  same  results  as  the  propiska  system. 

Although  citizens  are  free  to  travel  within  Russia,  the  Government  also  imposes 
registration  requirements  on  domestic  travel.  All  adults  are  issued  internal  pass- 
ports, which  they  must  carry  while  traveling  and  use  to  register  with  local  autnori- 
ties  for  visits  oi  more  than  3  days  (in  Moscow  it  is  24  hours).  However,  travelers 
not  staying  in  hotels  usually  ignore  this  requirement. 

Citizens  must  register  to  live  and  work  in  a  specific  area  within  7  days  of  moving 
there.  Russian  citizens  changing  residence  in  Russia,  as  well  as  citizens  of  former 
Soviet  republics  who  decide  to  move  to  Russia,  often  face  enormous  difficulties  or 
are  simply  not  permitted  to  register  in  some  cities.  The  United  Nations  High  Com- 
missioner for  Refugees  (UNH(I/R)  and  refugee  rights  NGO's  have  cited  Stavropol, 
Krasnodar,  Moscow,  and  St.  Petersburg  as  being  the  least  open  to  migrants.  The 
cost  of  registration  is  often  prohibitive,  far  beyond  the  means  of  most  migrants  or 
refugees,  who  usually  do  not  register.  On  July  2,  the  Constitutional  Court  struck 
down  a  Moscow  oblast  registration  law  on  the  grounds  that  the  fees  collected  con- 
stituted a  tax  that  is  not  in  the  power  of  a  regional  government  to  levy.  However, 
since  such  decisions  do  not  have  universality  of  application,  the  ruling  does  not  af- 
fect registration  requirements  in  other  oblasts  and  cities.  In  October  1996,  the  city 
of  Moscow  had  set  registration  fees  at  500  times  the  legal  minimum  wage,  or  about 
$7,500  (40  million  ruoles).  In  April  1996,  the  Constitutional  Court  struck  down  a 
Moscow  citv  law  that  gave  local  officials  the  right  to  collect  high  fees  for  registra- 
tion, but  the  Court  did  not  outlaw  charging  fees  or  specify  how  much  could  be 
charged  legally.  The  mayor's  office  protested  the  decision  and  has  not  lowered  the 
fees 

While  federal  law  provides  for  education  for  all  children  in  the  Russian  federation, 
regional  authorities  frequently  deny  access  to  schools  to  the  children  of  unregistered 
persons,  asylum-  seekers,  and  migrants  because  they  lack  residential  registration. 
Similarly,  while  the  Moscow  procurator's  office  has  upheld  the  right  of  migrants  to 
receive  publicly  available  medical  care,  unregistered  persons,  migrants,  and  asylum- 
seekers  are  frequently  denied  these  services. 

The  government  and  residents  of  Moscow  and  other  large  cities  defend  registra- 
tion as  necessary  in  order  to  control  crime,  to  keep  crowded  urban  areas  from  at- 
tracting even  more  inhabitants,  and  to  gain  revenue. 

The  city  of  Moscow  is  frequently  cited  for  violating  the  rights  of  nonresidents  and 
ethnic  minorities  as  well  as  the  rights  of  those  legitimately  seeking  asylum.  The 
weekly  Obshchaya  Gazeta  reported  on  May  21  that  Mayor  Yuriy  Luzhkov,  in  prepa- 
ration for  the  850th  anniversary  of  the  city,  had  ordered  the  city's  Migration  Service 
to  "cleanse"  the  city  of  all  "illegal  migrants."  Mayor  Luzhkov  has  been  quoted  in  the 
past  as  calling  for  the  expulsion  of  Chechens  and  other  Caucasians  from  Moscow. 
Moscow  police,  particularly  special-duty  OMON  units,  conduct  frequent  document 
checks,  particularly  of  persons  who  appear  to  be  from  the  Caucasus  or  are  otherwise 
dark-skinned.  Sucn  checks  have  on  many  occasions  involved  police  entering  resi- 
dences without  warrants.  There  are  credible  reports  that  police  have  fined  persons 
without  registration  documents  in  excess  of  legal  requirements  and  have  not  pro- 
vided proper  documentation  of  the  fine. 

Mayor  Luzhkov  signed  a  resolution  in  August  1996  ordering  the  deportation  of  all 
unregistered  people  living  in  Moscow  back  to  the  place  where  they  were  last  reg- 
istered to  live.  At  the  end  of  September  1996,  the  press  reported  that  4,051  unregis- 
tered people  had  "voluntarily"  departed  from  Moscow  and  that  812  were  deported 
under  armed  guard.  The  resolution  was  still  in  effect  at  year's  end,  and  the  practice, 
often  reporteoly  aimed  at  extorting  money,  continued. 

The  Constitution  provides  all  citizens  with  the  right  to  emigrate.  The  (jovemment 
does  not  impose  more  than  nominal  emigration  taxes,  fees,  or  duties.  On  average 
it  takes  3  months  to  process  a  passport  application,  although  it  can  take  much 
longer  if  documentation  is  needed  from  elsewhere  in  the  former  Soviet  Union. 

Some  liberal  principles  regarding  emigration  procedures  were  formally  codified  in 
the  August  1996  law  Concerning  Order  in  Exit  From  the  Russian  Federation  and 


1260 

Entry  Into  the  Russian  Federation.  This  law  abolished  the  old  Soviet  requirement 
that,  in  order  to  emigrate,  citizens  must  receive  a  stamp  permitting  "permanent  res- 
idence abroad"  ("PMZH  ") — essentially  a  propiska  for  those  living  outside  Russia. 
The  law  required  the  Ministry  of  Internal  Affairs,  through  its  Omce  of  Visas  and 
Registration  (OVIR),  to  establish  regulations  for  eliminatmg  this  practice  within  6 
months  of  the  passage  of  the  law.  However,  no  regulations  have  been  published  and 
the  requirement  remains  effectively  in  force.  OVIR  offices  throughout  Russia  con- 
tinue to  issue  the  stamp  and  border  guards  continue  to  refuse  to  allow  emigrants 
to  depart  who  have  not  received  the  stamp. 

Another  feature  of  the  law  is  the  codification  of  the  legal  grounds  for  denying  for- 
eign travel  documents  to  citizens  who  had  access  to  state  secrets.  Under  the  new 
law,  access  to  such  classified  material  can  only  occur  with  the  consent  of  the  citizen, 
established  in  the  form  of  a  written  contract  that  states  that  the  signatory  under- 
stands that  he  has  been  given  access  to  state  secrets  and  that  his  ability  to  travel 
abroad  may  be  restricted.  However,  the  law  envisions  a  maximum  period  of  delay 
under  normal  circumstances  of  5  years,  and  it  grants  the  interagency  Commission 
on  Secrecy  the  right  to  add  an  additional  5-year  term  to  the  period  of  delay  if  the 
Commission  finds  that  a  person  had  access  to  particularly  sensitive  materials.  This 
latter  provision  has  raised  serious  concerns  among  human  rights  advocates  con- 
cerned about  arbitrary  and  excessive  powers  on  the  part  of  the  Government  to  re- 
strict foreign  travel. 

If  a  citizen  had  access  to  classified  material,  police  and  FSB  clearances  are  nec- 
essary to  receive  an  external  passport.  Persons  denied  travel  documents  on  secrecy 
grounds  can  appeal  the  decision  to  an  interagency  commission  chaired  by  First  Dep- 
uty Foreign  Minister  Igor  Ivanov.  The  Ivanov  Commission  cannot  rule  on  whether 
the  material  should  or  should  not  be  classified,  but  can  rule  on  the  legality  of  travel 
restrictions  imposed,  and  on  whether  or  not  the  traveler  actually  haa  access  to  ma- 
terials requiring  a  travel  restriction.  Since  it  was  established  m  1994,  the  Ivanov 
Commission  has  granted  travel  permission  to  approximately  95  percent  of  appel- 
lants. 

Other  grounds  for  denial  of  the  right  to  travel  abroad  are  military  conscription 
or  assignment  to  civilian  alternative  service,  being  under  investigation  for  or  serving 
a  sentence  for  a  crime,  evasion  of  a  court-ordered  obligation,  or  providing  false  infor- 
mation on  a  passport  application.  The  requirement  that  citizens  satisfy  obligations 
to  immediate  relatives,  such  as  material  support  for  parents,  have  been  eliminated 
except  for  court-ordered  obligations,  such  as  alimony  payments. 

Emigrants  who  have  permanently  resettled  abroad,  including  in  Israel,  Germany, 
or  the  United  States  have  been  able  to  visit  or  repatriate  without  hindrance.  How- 
ever, emigrants  who  departed  without  first  obtaining  a  "PMZH"  stamp  have  been 
stopped  at  the  border  and  prevented  from  departing  Russia  (though  they  may  enter 
witnout  difficulty),  as  they  could  present  neither  a  nonimmigrant  visa  to  another 
country  nor  evidence  of  permission  to  legally  reside  abroad. 

Since  1993  Russia  has  been  a  party  to  the  1951  United  Nations  Convention  Relat- 
ing to  the  Status  of  Refugees  and  its  1967  Protocol.  On  July  28,  President  Yeltsin 
signed  the  federal  law,  Concerning  Making  Changes  and  Additions  to  the  Law  of 
the  Russian  Federation,  Concerning  Refugees.  This  law  offers  substantially  fewer 
benefits  to  refugees  than  the  original  1993  law  it  replaces.  The  earlier  law  s  fairly 
generous  commitments  of  resettlement  support  for  refugees  have  been  cited  by  some 
observers  as  discouraging  the  Federal  Migration  Service  (FMS),  which  has  few  re- 
sources to  meet  this  obligation,  from  adjudicating  the  cases  of  asylum  seekers.  With 
the  passage  of  the  new  law,  the  FMS  is  expected  to  expedite  its  procedures  for  adju- 
dicating asylum  claims. 

The  Government  cooperates  to  a  limited  extent  with  the  United  Nations  High 
Commissioner  for  Refugees  (UNHCR)  and  the  International  Organization  for  Migra- 
tion. Both  organizations  assist  the  Government  in  devloping  a  humane  migration 
management  system;  this  includes  effective  and  fair  refugee  status  determination 
procedures.  The  UNHCR  recognizes  some  30,000  asylum  seekers  who  originate  from 
outside  the  territories  of  the  former  Soviet  Union. 

Since  1994  the  FMS  gave  refugee  status  to  only  80  persons  originating  outside 
the  Commonwealth  of  Independent  States(CIS).  In  comparison,  the  Government  pro- 
vided refugee  status  to  130,000  former  citizens  (mainly  ethnic  Russians)  of  the 
former  Soviet  Union.  The  Government  acts  more  expeditiously  for  the  latter  group 
and  applies  a  more  lenient  standard. 

Despite  some  progress  in  adjudicating  nonformer  Soviet  Union  asylum  claims  by 
the  regional  branches  of  the  FMS  ,  there  are  still  major  concerns  about  the  ability 
and  willingness  of  the  Moscow  office  to  process  non-CIS  asylum  seekers.  Human 
rights  organizations  claim  that  this  is  part  of  intentional  efforts  by  the  authorities 
to  rid  the  city  of  foreign  asylum  seekers.  Local  legislation  in  Moscow,  St.  Petersburg, 


1261 

Rostov,  and  other  major  population  centers  prohibits  the  settlement  of  refugees 
within  these  cities. 

A  large  number  of  workers  and  students  from  Africa  and  Asia,  who  came  to  work 
or  study  in  accordance  with  treaties  between  their  countries  and  the  former  Soviet 
Union,  remain  in  Russia.  The  Government  has  not  deported  them  but  encourages 
their  return  home. 

The  UNHCR  and  Amnesty  International  are  working  with  the  FMS  and  border 
ofiicials  to  ensure  that  interviews  of  potential  refugees  are  conducted  in  a  timely 
fashion,  that  the  UNHCR  is  allowed  access  to  potential  refugees  in  airport  transit 
lounges,  and  that  deportations  of  potential  refugees  are  delayed  until  cases  are  adju- 
dicated. Despite  these  efforts,  it  appears  that  the  Government  is  more  concerned 
with  creating  a  disincentive  for  future  nonformer  Soviet  Union  asylum  seekers  than 
with  meeting  its  international  obligations. 

The  case  of  Sheremetyevo  2  airport  is  one  example.  The  physical  layout  of  the  air- 
port contains  an  individual  from  exercising  his  right  to  claim  asylum.  The  FMS  es- 
tablished a  Point  of  Immigration  (PIC)  at  Sheremetyevo  2  in  1996.  PIC  officials  are 
responsible  for  processing  requests  for  refugee  status.  The  PIC  office  is  located  out- 
side the  transit  zone.  No  PIC  or  UNHCR  phone  number  is  listed  in  the  transit  zone, 
nor  is  any  other  information  provided  that  would  assist  an  asylum  seeker.  Undocu- 
mented travelers  are  not  allowed  to  leave  the  transit  zone  and  are  often  returned 
to  Aeroflot  (the  carrier  on  which  most  migrants  enter  the  Russian  Federation).  Le- 
gally bound  to  provide  food  and  emergency  medical  care  for  undocumented  travelers, 
Aeroflot  returns  them  to  their  point  of  departure  as  quickly  as  possible.  Human 
rights  organizations  allege  that  Aeroflot  deports  hundreds  of  asylum  seekers.  In 
cases  where  asylum  seekers  from  Sheremetyevo  2  have  accessed  the  PIC,  FMS  offi- 
cials reportedly  never  have  granted  an  individual  refugee  status.  Deportations  of 
those  waiting  for  a  decision  on  their  cases  have  been  documented. 

In  the  past,  the  UNHCR  has  had  limited  access  to  the  transit  areas  of  Moscow's 
airports.  Access  to  the  Sheremetyevo  2  transit  lounge  eased  somewhat  in  October, 
but  remains  sporadic. 

Armenians  evacuated  from  Baku  in  the  wake  of  late  1980's  ethnic  violence  are 
recognized  as  refugees,  although  their  credentials  require  annual  renewal.  The  vast 
majority  of  those  evacuated  have  either  emigrated  from  Russia  or  found  some  way 
to  live  in  Russia.  However,  a  group  of  about  1,400-2,000  are  still  housed  in  the 
"temporary  quarters"  assigned  after  the  evacuation,  usually  in  Moscow  hotels  or 
workers'  dormitories  in  the  greater  Moscow  area.  They  are  unable  to  return  to  Azer- 
baijan and  are  not  accepted  by  Armenia.  Since  they  lack  residency  permits  for  Mos- 
cow, they  cannot  legally  apply  for  work  and  are  effectively  denied  the  ability  to  reg- 
ister their  children  Tor  public  schooling.  They  have  declined  offers  of  Russian  citizen- 
ship on  the  grounds  that  they  would  lose  even  the  meager  benefits  they  presently 
receive  (although  such  a  step  would  allow  them  to  estaolish  legal  residence,  seek 
work,  and  apply  for  benefits  such  as  foreign  travel  passports).  They  have  also  re- 
jected offers  of  relocation  to  other  regions  of  Russia  because  thev  allege  that  the  al- 
ternative residences  they  are  ofTered  frequently  are  not  habitable,  are  still  occupied 
by  others,  or  simply  do  not  exist.  Their  situation  is  becoming  increasingly  precarious 
as  the  formerly  state-owned  hotels  in  which  many  reside  are  privatizea,  and  the 
new  owners  exert  financial  and  other  pressure  on  them  to  depart.  A  number  of  or- 
ders have  already  been  served  in  such  cases.  The  courts  are  legally  required  to  ap- 
point a  new  residence,  but  have  been  uneven  in  meeting  this  requirement. 

The  Constitution  states  that  the  Russian  Federation  does  not  permit  the  extra- 
dition to  other  states  of  persons  persecuted  for  their  political  beliefs  or  their  actions 
(or  inactions)  that  are  not  consiaered  a  crime  in  the  Russian  Federation.  However, 
instances  have  occurred  in  the  past  in  which  opposition  figures  were  deported  to 
countries  of  the  former  Soviet  Union  to  face  charges  that  were  political  in  nature. 
Under  the  1993  Commonwealth  of  Independent  States  Convention  on  Legal  Assist- 
ance in  Civil,  Family,  and  Criminal  Affairs,  persons  with  outstanding  warrants  can 
be  detained  for  periods  of  up  to  1  month  while  the  Procurator  General  investigates 
the  nature  of  outstanding  cnarges  against  the  detainee.  This  system  is  informally 
but  effectively  reinforced  oy  collegial  links  among  senior  law  enforcement  and  secu- 
rity officials  in  the  various  republics  of  the  former  Soviet  Union.  Human  rights 
groups  allege  that  this  network  is  employed  to  detain  opposition  figures  from  the 
other  former  Soviet  republics  without  actual  legal  grounds. 

On  February  21,  journalist  Albert  Musin,  an  ethnic  Uzbek  citizen  of  Kazakhstan, 
was  detained  by  Moscow  police  during  a  documents  check  (the  Moscow  police  also 
reported  that  Musin  was  drunk  and  disorderly).  During  processing  at  the  police  sta- 
tion, authorities  found  outstanding  warrants  for  Musin's  arrest  in  Uzbekistan  on 
chaises  of  slandering  President  Karimov  and  "illegally"  gathering  and  disseminat- 
ing information.  Despite  calls  for  his  release  from  human  rights  activists,  such  as 


1262 

Human  Rights  Watch  and  the  Union  of  Councils,  Musin  was  held  in  custody  until 
March  7,  on  the  grounds  that  the  police  needed  official  confirmation  from  the  Uzbek 
Government  as  to  the  nature  of  tne  charges  and  the  continued  status  of  the  war- 
rant. The  Uzbek  Government  indicated  that  it  was  no  longer  pursuing  the  case  and 
Musin  was  released.  While  technically  legal  under  the  Convention,  the  case  raised 
clear  concerns  about  Russia's  willingness  to  forcibly  return  opponents  of  friendly  re- 
gimes in  the  Commonwealth  of  Independent  States  to  a  country  where  they  feared 
persecution. 

In  another  case,  a  member  of  the  opposition  in  Tajikistan,  former  Deputy  Chair- 
man of  the  Supreme  Soviet  Akmadzhon  Sayidov,  was  extradited  to  Tajikistan  due 
to  outstanding  criminal  warrants.  While  the  warrants  were  for  criminal  rather  than 
political  offenses.  Human  Rights  Watch  believes  that  Sayidov  is  at  risk  of  persecu- 
tion for  opposition  activities.  The  Russian  Government  made  extradition  contingent 
on  a  promise  by  the  Tajik  Government  not  to  pursue  charges  of  "anti-State  activi- 
ties" against  Sayidov. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  ri^t  to  change  their  government,  and 
citizens  exercise  this  right  in  practice. 

The  Federal  Assembly  comprises  two  chambers.  The  lower  chamber,  the  State 
Duma,  consists  of  450  deputies,  half  elected  in  single  mandate  constituencies,  half 
by  party  lists.  In  the  December  1995  parliamentary  elections,  43  political  blocs  ap- 
peared on  the  ballot.  The  upper  chamber,  the  Federation  Council,  has  178  mem- 
bers— the  89  chief  executives  of  regional  administrations  and  the  89  chairpersons 
of  regional  legislatures,  all  of  whom  are  popularly  elected.  The  Constitution  provides 
the  President  and  the  Prime  Minister  witn  substantial  powers,  which  they  used  in 
the  absence  of  effective  opposition  from  the  Parliament  and  the  courts. 

A  democratic  election  for  the  President  of  the  Russian  Federation  took  place  in 
July  1996  for  the  first  time  in  the  history  of  Russia  as  an  independent  state.  Presi- 
dent Yeltsin  was  reelected  in  a  generally  free  and  fair  election. 

In  1997  gubernatorial  elections  were  held  in  13  federation  regions.  Some  of  these 
elections  were  complicated  by  extensive  residence  requirements,  age  requirements, 
or  local  language  requirements  in  federal  republics,  which  the  Central  Electoral 
Commission  (CEC)  has  ruled  to  be  illegal. 

The  (OSCE)  monitored  the  January  27  elections  in  the  breakaway  Republic  of 
Chechnya  and  found  them  to  reflect  the  will  of  the  voters.  The  Russian  Government 
recognized  the  election  of  Asian  Maskhadov  as  Republic  President. 

Women  are  underrepresented  in  government  and  politics.  In  the  December  1995 
elections,  46  female  deputies  were  elected  to  the  450-member  Duma,  a  decrease 
from  the  58  female  deputies  in  the  Duma  elected  in  1993. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Many  domestic  and  international  human  rights  groups  operate  freely.  Most 
groups  investigated  and  publicly  commented  on  human  rights  issues,  generally 
doing  so  without  government  interference  or  restrictions.  However,  some  local  ofii- 
cials  harassed  human  rights  monitors,  going  so  far  as  to  arrest  them.  Human  Rights 
Watch  criticized  the  Prosecutor  General's  response  to  these  incidents.  Several 
NGO's  are  headquartered  in  Moscow  and  have  branches  throughout  the  country. 
Some  of  the  more  prominent  human  rights  organizations  are  the  Moscow  Center  for 
Prison  Reform,  the  Society  for  the  Guardianship  of  Penitentiary  Institutions,  the 
Glasnost  Ptiblic  and  Defense  Funds,  Memorial,  the  Moscow  Research  Center  for 
Human  Rights,  the  Soldiers'  Mothers'  Committee,  the  Mothers'  Rights  Foundation, 
and  the  Moscow  Helsinki  Group.  Several  of  these  groups  are  recognized  by  govern- 
ment and  legislative  officials  for  their  expertise  in  certain  fields,  and  such  groups 
participate  (with  varying  degrees  of  success)  in  the  process  of  drafting  legislation 
and  decrees. 

Various  types  of  regionally  based  human  rights  groups  are  being  established.  So- 
cial-economic rights  groups  are  the  most  numerous  and  monitor  issues  such  as  un- 
paid wages  and  benefits.  There  are  fewer  civil-political  rights  groups,  but  according 
to  Memorial,  these  are  growing  in  number.  These  groups  include  "generalist"  organi- 
zations that  cover  the  range  of  human  rights  issues  and  "specialist"  organizations 
that  cover  only  one  issue.  Public  legal  centers  have  been  formed,  due  to  the  critical 
lack  of  legal  advice  that  is  available  to  the  general  public.  These  centers  are  usually 
run  on  a  part-time  basis  by  lawyers  who,  while  they  cannot  afford  to  offer  trial 
counsel  or  actual  legal  work,  offer  advice  at  no  cost  on  legal  rights  and  recourse 
under  the  law. 


1263 

Regional  groups,  which  generally  do  not  benefit  from  any  international  support 
or  attention,  reported  that  local  authorities  have  obstructed  their  work  and  that  law 
enforcement  officers  have  begun  criminal  investigations  based  on  fabricated  charges 
against  certain  regional  human  rights  groups'  leaders  (see  Section  l.d.).  Criticism 
of  the  Federal  Government  and  regional  authorities  is  usually  permitted  without 
hindrance.  The  threshold  appears  to  be  criticism  of  a  specific  political  leader  in  the 
region  (usually  the  governor  or  a  senior  law  enforcement  official).  Regional  human 
rights  advocates  have  been  charged  with  such  offenses  as  libel,  contempt  of  court, 
and  interference  in  judicial  proceedings,  along  with  other  crimes,  in  cases  with  dis- 
tinct political  overtones  (see  Section  l.d.).  Local  human  rights  groups  have  far  fewer 
opportunities  to  interact  with  legislators  in  developing  legislation  than  their  Moscow 
counterparts;  some  are  excluded  from  the  process  entirely  by  local  authorities. 

The  import  of  copies  of  the  NGO  report  "Russia's  Northern  Fleet:  Sources  of  Ra- 
dioactive Contamination,"  authored  in  part  by  former  Naval  Captain  Aleksandr 
Nikitin,  is  still  blocked  by  the  FSB.  Copies  of  the  report  in  English  and  Norwegian 
are  available  over  the  Internet  through  Russian  providers,  but  the  Russian  version 
is  blocked  out.  Bellona  Foundation  employees  continue  to  experience  difficulties 
when  applying  for  visas  to  the  Russian  Federation,  a  situation  that  the  Russian 
Government  has  declined  to  fully  explain. 

Nongovernmental  organizations  have  entirely  withdrawn  from  Chechnya  since  the 
murder  of  six  International  Committee  of  the  Red  Cross  personnel  in  December 
1996  because  of  the  risk  of  kidnaping  and  other  criminal  attacks  (see  Section  l.b.). 
Chechen  authorities  have  generally  discouraged  NGO's  from  returning  to  Chechnya, 
although  the  motive  for  such  discouragement  appears  to  be  based  more  on  security 
concerns  than  unwillingness  to  submit  to  nongovernmental  human  rights  monitor- 
ing. 

The  Government's  human  rights  institutions  lack  independence.  The  President's 
Human  Rights  Commission  is  composed  primarily  of  people  from  the  Government 
(unlike  the  1993-1996  Commission  under  Sergey  Kovalev  which  had  large  represen- 
tation by  human  rights  activists).  Some  human  rights  groups  complained  that  the 
Commission's  focus  has  changed  from  advocacy  oi  human  rights  to  defending  the 
Government's  policy.  Commission  Chair  Vladimir  Kartashkin  indicated  to  the  press 
that  his  role  is  mainly  consultative  and  investigatory,  without  powers  of  enforce- 
ment. The  Commission  examined  and  was  often  critical  of  the  Government  on  issues 
such  as  prison  conditions,  human  rights  violations  and  amnesties  in  Chechnya,  and 
human  rights  in  the  military,  and  is  involved  in  the  planning  of  "Human  Rights 
Year"  for  1998. 

The  Constitutional  law  establishing  the  position  of  a  human  rights  ombudsman 
was  passed  by  the  Federal  Assembly  on  February  12.  It  was  signed  by  President 
Yeltsin  on  February  26  and  it  entered  into  force  on  March  4.  The  law  establishes 
a  two-stage  election  process  in  selecting  a  human  rights  ombudsman.  To  be  on  the 
slate  of  candidates,  a  nominee  must  receive  support  from  two-thirds  of  the  Duma. 
Deputies  can  vote  for  multiple  candidates.  The  ombudsman  is  then  selected  from  the 
candidates  by  a  simple  majority.  Despite  language  in  the  law  requiring  an  ombuds- 
man to  be  elected  by  the  Duma  within  30  days  after  the  law's  promulgation,  the 
Duma  failed  to  nominate  any  candidates  in  voting  held  on  April  4.  The  post  re- 
mained vacant  at  year's  end. 

In  June  1996,  President  Yeltsin  signed  a  decree  entitled  "On  Certain  Measures 
of  State  Support  for  the  Human  Rights  Movement  in  the  Russian  Federation," 
which  called  for  a  high  degree  of  coordination  between  federal  structures  and  the 
human  rights  community.  Specific  measures  laid  out  in  the  decree  included  the  cre- 
ation of  three  entities:  An  interregional  human  rights  center  to  coordinate  human 
rights  activities;  a  human  rights  training  center;  and  a  center  to  publish  human 
rights  literature.  Regional  administrations  were  instructed  to  establisn  bodies  analo- 
gous to  the  federal  Human  Rights  Commission.  Progress  on  establishing  the  bodies 
has  been  slow.  Sixty-six  regions  have  established  commissions.  Of  these,  12  commis- 
sions are  working  effectively  according  to  the  Moscow  Helsinki  Group. 

In  July  1996,  President  Yeltsin  established  by  decree  a  Political  Consultative 
Council  (PCC)  to  assist  in  the  creation  of  a  legal  framework  for  economic  and  politi- 
cal reforms  with  12  standing  chambers,  including  a  human  rights  chamber,  headed 
by  Duma  Deputy  Valeriy  Borshchev,  and  a  legal  chamber,  headed  by  Boris 
Zolotukhin,  a  former  Duma  Deputy.  The  PCC  meets  monthly.  The  Human  Rights 
Chamber  includes  representatives  of  the  various  Duma  factions  as  well  as  10  mem- 
bers of  the  NGO  human  rights  community.  The  Chamber  has  held  hearings  on  is- 
sues such  as  the  proposed  union  with  Belarus,  the  situation  of  refugees  in  Russia, 
and  freedom  of  conscience.  The  effect  of  the  Human  Rights  Chamber  on  the  legisla- 
tive process  remained  unclear  at  year's  end. 


1264 

On  April  9,  President  Yeltsin  simed  a  decree  declaring  that,  in  recognition  of  the 
50th  anniversary  of  the  Universal  Declaration  of  Human  Rights,  1998  was  to  be  the 
Year  of  Human  Rights  in  the  Russian  federation.  A  committee  was  established  to 
make  preparations  for  the  year  under  the  chairmanship  of  Human  Rights  Commis- 
sioner Kartashkin.  The  committee's  membership  is  broadly  representative  of  the 
human  rights  conununity.  One  stated  goal  is  to  establish  programs  in  human  rights 
education.  However,  the  committee  has  yet  to  receive  a  budget. 

In  1996,  the  Glasnost  Fund  established  an  "International  Intergovernmental  Tri- 
bunal on  Crimes  Against  Humanity  and  War  Crimes  in  Chechnya,"  to  conduct  in- 
vestigations and  forward  its  findings  to  the  Russian  Procurator  General,  the  Council 
of  Europe,  and  the  European  Court  of  Human  Rights.  The  Tribunal's  members  in- 
clude prominent  human  rights  activists  from  throughout  the  world.  Results  of  its 
deliberations  have  not  been  publicly  released. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  sex,  religion,  language, 
social  status,  or  other  circumstances.  However,  both  official  and  societal  discrimina- 
tion still  exist. 

Women. — Domestic  violence  remains  a  major  problem,  as  victims  rarely  have  re- 
course to  protection  from  the  authorities.  Police  are  frequently  reluctant  or  even  un- 
willing to  involve  themselves  in  what  they  see  as  purely  domestic  disputes.  Many 
women  are  deterred  from  reporting  such  crimes  because  of  this  and  because  the 
housing  system  makes  it  difficult  either  to  find  housing  outside  the  family  dwelling 
or  to  expel  an  abusive  spouse,  even  after  a  final  divorce  action. 

According  to  a  December  Human  Rights  Watch  report,  the  Government  reported 
that  almost  11,000  women  reported  rape  or  attempted  rape  in  1996.  Human  Rights 
Watch  further  reported  that  Yekaterina  Lakhova,  President  Yeltsin's  advisor  on 
women's  issues,  has  estimated  that  14,000  women  are  killed  by  husbands  or  family 
members  each  year.  Human  Rights  Watch  notes,  however,  that  these  statistics  un- 
derestimate the  extent  of  the  problem,  due  to  the  underreporting  of  these  crimes  by 
victims.  In  1996  the  MVD  estimated  that  80  percent  of  violent  crime  occurred  in 
the  home. 

Hospitals  and  members  of  the  medical  profession  provide  assistance  to  women 
who  have  been  assaulted.  However,  some  doctors  are  reluctant  to  ascertain  the  de- 
tails of  a  sexual  assault,  fearing  that  they  will  be  required  to  spend  long  periods 
in  court.  While  noting  that  the  Government  has  begun  to  address  the  seriousness 
of  the  problem  of  violence  against  women,  the  Human  Rights  Watch  report  criticized 
the  (Jovemment  for  "failing  to  afford  victims  of  violence  the  protection  of  the  law 
.  .  .  ,"  and  Russian  law  enforcement  officials  for  not  effectively  ensuring  that  inci- 
dents of  violence  against  women  are  investigated  and  prosecuted,  and  for  sometimes 
obstructing  their  investigation  and  prosecution.  The  report  further  stated  that  "This 
discrepancy  between  the  law  as  written  and  the  law  as  applied  demonstrates  Rus- 
sia's failure  to  fulfill  its  international  human  rights  obligations."  Human  Rights 
Watch  also  criticized  the  State  Duma  for  its  "seriously  flawed"  drafting  of  a  law  on 
family  violence.  It  noted  that  many  women's  groups  have  faced  considerable  dif- 
ficulty in  gaining  access  to  and  commenting  on  drafts  of  the  law. 

There  is  credible  evidence  that  women  encounter  considerable  discrimination  in 
employment.  At  a  Duma-sponsored  roundtable  held  on  March  5,  1996,  representa- 
tives of  53  women's  associations  appealed  to  the  Duma  to  improve  the  legal  status 
of  women  by  creating  a  council  to  assess  all  draft  legislation  to  ensure  that  it  pro- 
vides for  equal  opportunities  for  women  and  men.  In  their  appeal  to  the  Duma,  the 
women's  associations'  representatives  raised  their  concerns  that  women  form  a  dis- 
proportionately high  percentage  (62  percent)  of  the  officially  registered  unemployed, 
that  women  are  discriminated  against  in  hiring  and  firing,  that  the  differences  be- 
tween the  salaries  of  men  and  women  have  increased  sharply,  and  that  few  women 
attain  senior  positions. 

Human  Rights  Watch  in  1996  accused  the  Government  of  participating  in  dis- 
criminatory actions  against  women,  contending  that  the  Government  seldom  en- 
forces employment  laws  concerning  women.  Employers  prefer  to  hire  men,  thereby 
saving  on  maternity  and  child  care  costs,  and  avoiding  the  perceived  unreliability 
that  accompanies  the  hiring  of  women  with  small  children.  In  July  1996,  a  change 
in  the  Labor  Code  prohibited  women  between  the  ages  of  15  and  49  from  being 
hired  for  jobs  that  are  considered  to  be  harmful  to  their  health,  including  working 
on  the  night  shift.  Many  of  these  jobs  pay  more,  allow  early  retirement,  or  both. 
Women  continue  to  report  cases  in  which  they  are  paid  less  for  the  same  work  that 
their  male  colleagues  perform.  Moreover,  women  have  reported  sexual  harassment 
in  the  workplace,  with  employers  frequently  requesting  female  employees  "without 


1265 

complexes,"  meaning  that  they  should  be  receptive  to  liberties  taken  by  their  em- 
ployers. 

Job  advertisements  often  specify  sex  and  age  groups,  and  sometimes  physical  ap- 
pearance as  well.  The  Government  does  not  collect  statistics  on  wages  or  income  by 
sex;  one  informal  estimate  is  that  women's  average  incomes  are  about  50  to  55  per- 
cent of  the  average  male  incomes.  Professions  dominated  by  women  tend  to  be  lower 
paid  than  those  dominated  by  men.  Moscow  human  resources  managers  privately 
admit  that  discrimination  against  women  in  hiring  is  common.  Unemployment,  at 
9.3  percent  of  the  work  force  as  of  August,  also  disproportionately  afiects  women. 

Children. — The  Constitution  assigns  the  Government  some  responsibility  for  safe- 
guarding the  rights  of  children.  The  State  endeavors  to  provide,  within  its  reduced 
means,  for  the  welfare  of  children. 

A  new  family  code  regulating  children's  ri^ts  and  marriage  and  divorce  issues 
came  into  effect  on  March  1,  1996.  Althoudi  the  President  has  stated  that  govern- 
ment policies  to  improve  the  situation  of  children  were  a  top  priority,  the  Govern- 
ment had  not  begun  any  significant  programs  in  this  area  by  year's  end.  Many  Mos- 
cow charitable  organizations  have  established  productive  relations  with  the  city  gov- 
ernment to  address  the  needs  of  disabled  cnildren,  as  well  as  other  distressed 
groups. 

The  position  of  many  children  has  deteriorated  since  the  collapse  of  communism 
because  of  falling  living  standards,  an  increase  in  the  number  of  broken  homes,  and 
domestic  violence.  According  to  press  reports,  40  percent  of  all  children  live  below 
the  poverty  Hne.  In  November  1995,  Duma  Deputy  Mariya  Gaydash  stated  that  2 
million  children  under  14  years  of  age  suffer  from  physical  or  mental  abuse,  with 
as  many  as  200,000  dying  each  year  from  injuries  received  at  home,  usually  from 

garental  abuse  or  neglect.  About  50,000  children  run  away  from  home  each  year, 
aydash  asserted,  and  2,000  commit  suicide.  Children  on  the  street  often  become 
dependent  on  illegal  narcotics.  To  combat  the  growing  number  of  children  being  ab- 
ducted, police  organizations,  like  the  Nizhny-Tagil  Police  Academy  in  Sverdlovsk  ob- 
last,  are  forming  programs  to  protect  children. 

The  most  vulnerable  groups  of  children  in  society  are  orphans  and  the  mentally 
disabled,  who  are  often  given  up  by  their  parents  to  state-run  institutions.  Human 
rights  activists  allege  that  children  in  state  institutions  are  poorly  provided  for 
(often  because  funds  are  lacking)  and  in  some  cases  are  physically  abused  by  staff. 
Some  children  are  improperly  diagnosed  and  evaluated  as  being  either  mentally  ill 
or  retarded.  Facilities  to  which  such  children  are  remanded  frequently  use 
unprescribed  narcotics  to  keep  children  under  control.  The  Moscow  Human  Rights 
Research  Center's  "Rights  of  the  Child"  project  has  called  for  the  establishment  of 
an  ombudsman  for  the  rights  of  children  with  the  power  to  enter  and  inspect  chil- 
dren's' facilities  at  any  time  of  day  or  night  without  advance  notification. 

There  were  no  reports  of  children  working  in  violation  of  labor  laws. 

People  With  Disabilities. — The  Constitution  does  not  directly  address  the  issue  of 
discrimination  against  disabled  persons.  Althourfi  laws  exist  that  prohibit  discrimi- 
nation, the  Government  has  not  enforced  them.  The  meager  resources  that  the  Gov- 
ernment can  devote  to  assisting  disabled  persons  are  provided  to  veterans  of  World 
War  II  and  other  military  conflicts.  Special  institutions  exist  for  children  with  var- 
ious disabilities.  The  Government  does  not  mandate  special  access  to  buildings  for 
the  disabled.  The  Society  for  the  Defense  of  Invalids  is  working  to  broaden  public 
awareness  and  understanding  of  issues  concerning  people  with  disabilities. 

A  November  1995  law  established  a  requirement  that  firms  with  over  30  employ- 
ees either  reserve  3  percent  of  their  positions  for  persons  with  disabilities  or  contrib- 
ute to  a  government  fund  to  create  job  opportunities  for  the  disabled.  The  law  also 
removed  language  defining  an  "invalid"  as  a  person  unable  to  work.  However,  the 
Government  has  not  implemented  this  law.  Some  persons  with  disabilities  have 
found  work  within  factories  run  by  the  All-Russian  Society  for  the  Disabled,  but  the 
majority  are  unable  to  find  work  and  are  frequently  discouraged  from  working  rath- 
er than  subsisting  on  social  benefits. 

Indigenous  People. — The  State  Committee  for  the  Development  of  the  North, 
based  in  Moscow,  is  charged  with  representing  and  advocating  the  interests  of  indig- 
enous people.  With  only  a  small  staff,  its  influence  is  limited.  Local  communities 
have  organized  in  some  areas  to  study  and  make  recommendations  regarding  the 
preservation  of  the  culture  of  indigenous  people.  People  such  as  the  Buryats  in  Sibe- 
ria; the  Tatar  and  Bashkiri  in  the  Urals;  the  people  of  the  North,  including  the 
Enver,  Tafarli,  and  Chukchi;  and  others  have  worked  actively  to  preserve  and  de- 
fend their  cultures,  as  well  as  the  economic  resources  of  their  regions.  In  this  con- 
text, some  groups  in  the  far  eastern  part  of  the  country  have  criticized  the  Federal 
Government  for  not  developing  an  overall  concept  for  the  development  of  indigenous 
people.  Most  believe  that  they  are  treated  equally  with  ethnic  Russians  within  the 


1266 

Russian  Federation,  although  some  groups  believe  that  they  are  unrepresented  in 
regionial  governments.  The  principal  problems  for  indigenous  people  center  on  dis- 
tribution of  necessary  supplies  and  services,  particularly  in  the  winter  months  for 
those  Svho  live  in  northern  climes. 

Religious  Minorities. — Muslims,  who  comprise  approximately  10  percent  of  Rus- 
sia's papulation,  continue  to  encounter  societal  discrimination  and  antagonism. 

Theife  are  between  600,000  and  700,000  Jews  in  Russia  (0.5  percent  of  the  total 
population).  Jews  continue  to  encounter  societal  discrimination,  and  government  au- 
thorities have  been  criticized  for  insufficient  action  to  counter  it.  There  were  no  re- 
ported incidents  of  major  crimes  or  acts  of  intimidation  linked  to  anti-  Semitic 
groups  or  motives  in  1997.  No  progress  was  reported  in  investigations  of  several  in- 
cidents that  occurred  in  1996.  However,  anti-Semitic  themes  continued  to  fi^re 
prominently  in  hundreds  of  extremist  publications,  and  some  Russian  politicians 
made  ajnti-Semitic  remarks.  These  public  statements  contributed  to  a  general  atmos- 
phere of  anti-Semitism.  Members  of  Russian  National  Unity,  an  anti-Semitic  oi^gani- 
zation  that  uses  a  modified  swastika  as  its  symbol,  continued  to  patrol  two  Moscow 
parks,  i«portedly  at  the  reauest  of  local  officials. 

In  September  Jehovah's  Witnesses  missionaries  in  the  St.  Petersburg  region  were 
victims  of  severe  beatings  and  their  meeting  hall  was  vandalized,  apparently  by  ex- 
treme nationalists.  The  police  have  not  identified  any  suspects  in  the  incidents. 

Members  of  religious  movements,  including  some  Protestant  movements,  Jeho- 
vah's Witnesses  and  the  Church  of  Jesus  Christ  of  Latter-Day  Saints  (Mormons) 
faced  discrimination  in  their  ability,  despite  legal  registration,  to  rent  premises  and 
conduct  group  activities  (see  Section  2.b.). 

National/ Racial/ Ethnic  Minorities. — Ethnic  Roma  from  the  Caucasus  and 
Central  Asia  face  widespread  societal  discrimination,  which  is  often  reflected  in  offi- 
cial attitudes  and  actions.  In  addition,  since  1993  discrimination  against  people  from 
the  Caucasus  and  Central  Asia  increased  concurrently  with  new  measures  at  both 
the  federal  and  local  levels  to  combat  crime.  Law  enforcement  authorities  targeted 
people  with  dark  complexions  for  harassment,  arrest,  and  deportation  from  urban 
centers  (see  Section  2.d.).  In  Moscow  such  persons  are  subjected  to  far  more  fre- 
quent document  checks  than  lighter-skinned  persons,  and  are  frequently  detained 
or  fined  in  excess  of  permissible  penalties,  often  without  formal  documents  of  the 
infraction  being  drawn  up  and  presented  by  police.  Reports  also  suggest  a  pattern, 
at  least  tacitly  supported  by  city  authorities,  of  extortion  and  beatings  by  law  en- 
forcement officials. 

In  Stavropol  kray,  the  local  branch  of  Aleksandr  Barkashov's  neo-  Nazi  "Russian 
National  Unity"  (RNE)  and  a  parallel  organization  called  Russian  Knight  claim  sup- 
port from  local  leaders,  members  of  the  armed  services,  and  law  enforcement  offi- 
cials. The  stated  goal  of  the  organization  is  to  develop  Russian  youth  to  establish 
"Russian  order,"  a  vision  of  a  great  Russia  with  orthodox  values,  a  goal  for  which 
they  claim  to  be  ready  to  shed  blood.  The  group  runs  kindergartens  in  Stavropol 
and  trains  Russian  youths  of  various  ages.  The  group  reportedly  has  several  hun- 
dred followers. 

No  cases  involving  charges  of  inciting  racial  hatred  (a  crime  defined  in  the  Crimi- 
nal Code)  were  successfully  completed  in  1997,  and  there  were  no  statistics  avail- 
able on  how  many  such  cases  (if  any)  were  filed. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  law  provides  workers  with  the  right  to  form  and 
join  trade  unions,  and  roughly  55  percent  of  the  work  force  are  nominally  organized. 
Oblast  authorities  in  Sverdlovsk,  however,  refused  to  issue  registration  certificates 
to  four  new  unions  in  the  spring,  despite  general  instructions  from  the  Ministry  of 
Justice  that  registration  of  unions  be  automatic  upon  presentation  of  the  protocol 
of  the  founding  meeting. 

The  Federation  of  Independent  Trade  Unions  of  Russia  (FNPR),  the  successor  or- 
ganization to  the  Communist  trade  unions,  largely  dominates  the  trade  union  move- 
ment and,  thus,  still  provides  a  practical  constraint  on  the  right  to  freedom  of  asso- 
ciation. FNPR  unions  frequently  include  management  as  part  of  the  bargaining 
unit.  The  FNPR  has  inherited  the  bulk  of  the  property  of  its  predecessors,  including 
office  and  recreational  property.  The  majority  of  its  income  comes  from  sources  other 
than  dues,  such  as  rental  income  and  member  services. 

The  FNPR  and  other  trade  union  federations  act  independently  on  a  national  po- 
litical level,  although  on  local  levels,  FNPR  unions  are  sometimes  closely  affiliated 
with  local  political  structures. 

Benefits  vary  depending  on  union  affiliation,  and  generally  discourage  the  forma- 
tion of  new  unions.  For  example  despite  a  trade  union  law  that  stipulates  that  all 
unions  enjoy  equal  rights,  a  court  upheld  the  Ministry  of  Railroads  claim  that  it 


1267 

could  give  free  tickets  only  to  "its"  union  members.  At  the  enterprise  level,  FNPR 
unions  often  still  control  access  to  the  Government's  social  fund,  from  which  benefits 
such  as  the  child  subsidy  and  vacations  are  paid. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  is  pro- 
tected under  the  law.  Most  strikes,  however,  are  considered  technically  illegal  smce 
often  the  labor  dispute  at  issue  was  not  first  reviewed  by  an  arbitration  court.  The 
court  has  the  right  to  order  the  confiscation  of  union  property  to  settle  damages  and 
losses  to  an  employer  if  a  strike  is  found  to  be  illegal.  An  increasing  number  of 
strikes  are  therefore  organized  by  strike  committees,  rather  than  unions. 

Unions  have  complained  that  arbitration  court  findings  favor  management.  Trans- 
portation unions  in  particular  have  complained  that,  because  transportation  can  be 
considered  an  essential  service  that  must  be  provided  under  law,  their  right  to 
strike  has  been  denied.  This  law  was  successfully  challenged  in  1995  by  air  trans- 
port workers,  with  the  Constitutional  Court  finding  that  banning  industry-wide 
strikes  is  unconstitutional  and  that  each  needs  to  be  considered  on  a  case-by-case 
basis.  However,  a  subsequent  1995  federal  law  on  collective  labor  dispute  resolution 
banned  railway  strikes. 

Various  employers,  such  as  St.  Petersburg's  Channel  Five,  have  refused  to  nego- 
tiate collective  bargaining  agreements,  particularly  for  unions  not  affiliated  with  the 
FNPR.  Despite  a  legal  requirement  to  do  so,  management  also  frequently  refuses 
to  provide  the  financial  information  demanded  by  trade  unions.  In  Vladivostok,  a 
local  transport  company  attempted  to  stop  payment  of  benefits  for  workers  involved 
in  organizing.  In  another  case,  the  management  of  the  Beriozovskiy  hot  water  pipe 
production  facility  sought  to  prevent  a  union  from  organizing  by  producing  a  ficti- 
tious collective  bargaining  agreement  that  later  was  successfully  challenged  in 
court. 

There  were  incidents  of  reprisals  for  organizing,  protesting  and  strike  activity.  In 
Krasnodar  kray,  teachers  active  in  omamzing  January  strikes  were  called  into  the 
procurator's  office  and  threatened.  In  Yakutiya  air  traffic  controllers  who  refused  to 
work  as  cashiers  were  fired.  The  general  director  of  the  mine  "Sokolovskoye"  threat- 
ened to  fire  striking  miners  who  were  demanding  5  months'  back  pay,  but  was  pre- 
vented from  doing  so  by  the  local  administration.  Ambulance  drivers  who  partici- 
pated in  a  warning  strike  in  Nizhniy  Tagil  did  not  receive  bonuses  to  which  they 
were  entitled.  In  other  instances,  organizers  and  union  leaders  have  been  placed  on 
administrative  leave  or  transferred  to  lower-paying  iobs,  even  though  such  reprisals 
are  illegal.  Local  prosecutors  have  threatenea  strikers  with  criminal  proceedings, 
but  generally  have  not  followed  through,  since  public  support  for  strikes,  particu- 
larly given  the  high  level  of  wage  arrears,  is  strong. 

Activist  union  leader  Sergey  Belyayev,  head  of  the  Yekaterinburg  Comradeship  of 
Free  Trade  Unions,  lost  a  lawsuit  filed  against  him  by  Mayor  Anatoliy  Chemetskiy 
of  Yekaterinburg.  After  two  city  newspapers  accused  Belyayev  of  espionage,  he  filed 
a  libel  case  against  the  Mayor.  Mayor  Chemetskiy  filed  a  countersuit,  arguing  that 
the  fact  that  a  libel  case  had  been  filed  against  him  was  in  itself  a  libel.  Belyayev 
lost  his  cases  in  June  1996  and  paid  an  unusually  heavy  fine.  Damages  included 
a  50  million  ruble  fine  against  the  Comradeship,  which  owned  no  property.  To  sat- 
isfy this  debt,  court  authorities  seized  property  that  belonged  to  a  separate  organiza- 
tion with  which  Belyayev  was  also  associated. 

There  are  no  export  processing  zones.  Worker  rights  in  the  special  economic 
zones/free  trade  zones  are  fully  covered  by  the  Labor  Code. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Labor  Code  prohibits  forced 
or  compulsory  labor  by  adults  and  children.  Soldiers  are  regularly  sent  to  work  on 
farms  to  gather  food  for  their  units.  There  are  documented  cases  of  soldiers  being 
sent  by  their  superior  officers  to  perform  work  for  private  citizens  or  organizations. 
Such  labor  may  violate  military  regulations  and,  if  performed  by  conscripts,  would 
be  an  apparent  violation  of  ILO  convention  29  on  forced  labor. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The 
Labor  Code  prohibits  regular  employment  for  children  under  the  age  of  16  and  also 
regulates  the  working  conditions  of  children  under  the  age  of  18,  including  banning 
dangerous,  nighttime  and  overtime  work.  Children  may,  under  certain  specific  con- 
ditions, work  in  apprenticeship  or  internship  programs  at  the  ages  of  14  and  15. 
WhUe  in  some  instances  children  can  be  found  selling  consumer  goods  on  street  cor- 
ners, accepted  social  prohibitions  against  the  employment  of  children  and  the  avail- 
ability of  adult  workers  at  low  wage  rates  combine  to  prevent  widespread  abuse  of 
child  labor  legislation.  The  Government  prohibits  forced  and  bonded!^  labor  by  chil- 
dren, and  there  were  no  reports  that  it  occurred  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  monthly  minimum  wage  in  1997  was 
roughly  $14  (83,490  rubles).  While  this  amount  does  not  constitute  a  living  wage 
un<fer  prevailing  conditions,  most  people  receive  several  times  the  official  minimum. 


1268 

At  the  same  time,  much  'of  the  population  continues  to  reside  in  low-rent  or  sub- 
sidized housing  and  receive  various  social  services  from  enterprises  or  municipali- 
ties. The  official  minimum  wage  is  primarily  a  benchmark  figure  for  calculating  uni- 
versity stipends,  old  age  pensions,  civil  service  wages,  and  many  other  social  oene- 
fits. 

The  Labor  Code  provides  for  a  standard  workweek  of  40  hours,  with  at  least  one 
24-hour  rest  period.  The  law  requires  premium  pay  for  overtime  work  or  work  on 
holidays.  Woncers  have  complained  of  being  forced  to  woric  well  beyond  the  normal 
week,  that  is,  10  to  12-hour  days,  of  abrogations  of  negotiated  labor  agreements,  and 
of  forced  transfers  of  workers. 

The  nonpayment  of  wages  continues  to  be  the  most  widespread  abuse  of  the  Labor 
Code.  As  oT  December,  omcial  government  statistics  showed  that  workers  were  owed 
roughly  $9.5  billion  (55.3  trillion  rubles)  in  accumulated  wage  arrears.  Wage  arrears 
affect  workers  in  many  fields,  especially  education,  medicine,  industry,  and  the  en- 
ergy/coal sector.  Arrears  generally  range  between  3  and  9  months. 

m  1997  the  Government  concentrated  primarily  on  paying  off  government  pension 
arrears  and  wage  arrears  to  servicemen.  Its  goal  was  to  clear  aliwage  arrears  owed 
to  government  workers  by  year's  end. 

About  80  percent  of  all  arrears  are  due  to  failure  by  enterprises  to  pay  salaries. 
Anecdotal  evidence  indicates  that  many  enterprises  are  forcing  employees  to  take 
wages  in  barter,  sometimes  in  goods  with  limited  appeal.  A  ball  bearing  factory  in 
the  Urals  paid  its  workers  in  vodka  and  cognac  in  May.  Rosugol,  the  government 
coal  parastatal,  announced  at  the  Presidential  Advisory  Council  that  it  could  take 
3  years  to  repay  all  back  wages  to  miners. 

Although  a  small  but  increasing  percentage  (perhaps  6  percent)  of  workers  owed 
back  wages  sought  relief  through  the  court  system,  this  has  proved  to  be  a  lengthy 
process.  Courts  are  often  willing  to  rule  in  favor  of  employees,  but  the  collection  of 
Dack  wages  is  difficult.  Courts  often  insist  that  cases  be  filed  individually,  in  con- 
tradiction to  the  law  on  trade  unions,  thereby  undercutting  union  attempts  to  in- 
clude the  entire  membership  in  one  case.  This  insistence  also  makes  the  process 
lengthier  and  more  difficult  for  the  affected  workers,  and  exposes  them  to  possible 
retaliation. 

The  problem  of  wage  arrears  is  aggravated  by  limitations  on  labor  mobility.  Work- 
ers find  it  difficult  to  exchange  or  sell  their  apartments.  A  system  of  residency  per- 
mits and  notifications  also  can  make  it  both  difficult  and  expensive  to  move  to  areas 
of  low  unemployment  (see  Section  2.d.).  The  knowledge  that  workers  cannot  easily 
move  across  regions  and  find  employment  made  managers  in  some  one-factory 
towns  reluctant  to  lay  off  workers. 

Enterprises  also  placed  workers  on  involuntary  leave.  According  to  official  statis- 
tics for  July,  approximately  4  million  workers  were  considered  to  be  underemployed. 
Many  of  these  were  on  involuntary  leave  or  were  forced  to  work  substantially  cur- 
tailed hours. 

The  law  establishes  minimum  conditions  of  workplace  safety  and  worker  health, 
but  these  standards  are  not  effectively  enforced.  Workers  wear  little  protective 
equipment  in  factories,  enterprises  store  hazardous  materials  in  open  areas,  and 
smoKing  is  permitted  near  containers  of  flammable  substances.  The  Labor  Code  does 
establish  workers'  right  to  remove  themselves  from  hazardous  or  life-threatening 
work  situations  without  endangering  their  continued  employment. 

Workers  were  at  high  levels  of  risk  of  industrial  accidents  or  death.  In  1996  work- 
related  deaths  and  injuries  increased  over  1995,  to  6.1  injuries  per  1,000,  up  from 
5.5.  Death  rates  per  1,000  stood  at  0.155  deaths,  up  from  0.138  in  1995.  Workers 
in  agriculture  suffered  the  highest  injury  rates,  with  12.4  accidents  per  1,000  work- 
ers. Construction  workers  had  the  highest  fatality  rates,  at  0.262  deaths  per  1,000. 
These  data  do  not  include  deaths  and  disabilities  resulting  from  occupational  dis- 
eases, for  example,  black  lung  disease.  Official  statistics  from  early  1996  indicate 
that  13  percent  of  all  workers  in  industry  worked  at  sites  where  air  quality  was  in- 
adequate or  polluted;  for  workers  in  metallurgy,  the  total  was  24  percent. 


SAN  MARINO 

San  Marino  is  a  democratic,  multiparty  republic.  The  popularly  elected  Par- 
liament (the  Great  and  General  Council — GGC)  selects  two  of  its  members  to  serve 
as  the  Captains  Regent  (co-Heads  of  State).  They  preside  over  meetings  of  the  GGC 
and  of  the  Cabinet  (Congress  of  State),  which  has  10  other  members,  also  selected 
by  the  GGC.  Assisting  the  Captains  Regent  are  three  Secretaries  of  State  (Foreign 
Affairs,  Internal  Affairs,  and  Finance)  and  several  additional  secretaries.  The  Sec- 


1269 

retary  of  State  for  Foreign  Affairs  has  come  to  assume  many  of  the  prerogatives  of 
a  prime  minister. 

Elected  officials  effectively  control  the  centralized  police  organization  (the  Civil 
Police)  and  the  two  military  corps  (the  (jendarmerie  and  the  Guardie  di  Rocca). 

The  principal  economic  activities  are  tourism,  farming,  light  manufacturing,  and 
banking.  In  addition  to  revenue  from  taxes  and  customs,  the  Government  drives 
much  of  its  revenue  from  the  sale  of  coins  and  postage  stamps  to  collectors  through- 
out the  world  and  from  an  annual  budget  subsidy  provided  by  the  Italian  Govern- 
ment under  the  terms  of  the  Basic  Treaty  with  Italy. 

The  Legal  Code  extensively  provides  for  human  rights,  and  the  authorities  respect 
its  provisions.  Although  the  Parliament  and  the  Government  have  demonstrated 
strong  commitment  to  the  protection  of  human  rights,  some  laws  discriminate 
against  women,  particularly  with  regard  to  the  transmission  of  citizenship. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  such  practices,  and  there  were  no  reports  that  officials  employed 
them. 

Prison  conditions  meet  minimum  international  standards,  and  the  Government 
permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest,  deten- 
tion, or  exile,  and  the  Government  observes  these  prohibitions. 

e.  Denial  of  Fair  Public  Trial. — The  law  provides  for  an  independent  judiciary, 
and  the  Government  respects  this  provision  in  practice.  The  judicial  system  dele- 
gates some  of  its  authority  to  Italian  magistrates,  both  in  criminal  and  in  civil  cases. 
Cases  of  minor  importance  are  handled  by  a  local  conciliation  judge.  Appeals  go,  in 
the  first  instance,  to  an  Italian  judge  residing  in  Italy.  The  final  court  of  review  is 
San  Marino's  Council  of  Twelve,  a  group  of  judges  chosen  for  6-year  terms  (four  re- 
placed every  2  years)  from  among  the  members  of  the  GGC. 

The  judiciary  provides  citizens  with  a  fair  and  efficient  process. 
There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 

f)rohibit8  such  practices.  Government  authorities  respect  these  prohibitions,  and  vio- 
ations  are  subject  to  effective  legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  freedom  of  speech  and  of 
the  press,  and  the  (jovernment  respects  these  rights  in  practice.  An  independent 
press,  an  effective  judiciary,  and  a  functioning  democratic  political  system  combine 
to  ensure  freedom  of  speech  and  of  the  press,  including  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  these 
rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  law  provides  for  freedom  of  religion,  and  the  Govern- 
ment respects  this  right  in  practice. 

d.  Freedom  of  Movement  within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice. 

The  Government  cooperates  with  the  Office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  ana  other  humanitarian  organizations.  Although  it  does  not  for- 
mally offer  asylum  to  refugees,  it  has  given  a  few  individuals  de  facto  asylum  by 
permitting  them  to  reside  and  work  in  San  Marino.  Refugees  and  other  foreigners 
are  eligible  to  apply  for  citizenship  only  after  30  years  of  residence.  The  issue  of  the 
provision  of  first  asylum  did  not  arise  during  the  year;  nor  were  there  any  reports 
of  forced  repatriation  of  refugees. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  citizens  with  the  ri^t  to  peacefully  change  their  gov- 
ernment, and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair 
elections  held  on  the  basis  of  universal  suffrage. 

There  are  no  impediments  to  women  participating  in  government  or  politics.  In 
1974  the  first  female  member  was  elected  to  the  GGC.  Since  then,  women  have 
served  on  the  Council  as  Secretary  of  State  for  Internal  Affairs  and  as  Captain  Re- 
gent. All  women's  branches  of  the  political  parties  have  been  integrated  into  the 


1270 

mainstream  party  organizations,  and  women  hold  important  positions  in  the  various 
parties. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  no  domestic  human  rights  organizations,  although  the  Government  does 
not  impede  the  formation  of  such  organizations.  The  Government  has  declared  itself 
open  to  outsiders'  investigations  of  alleged  abuses.  There  have  been  no  known  re- 
quests of  such  a  nature. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  discrimination  based  on  race,  religion,  disability,  language,  or 
social  status,  and  the  authorities  respect  these  provisions.  The  law  also  prohiliits 
some  forms  of  discrimination  based  on  sex,  but  vestiges  of  legal  as  well  as  societal 
discrimination  against  women  remain. 

Women. — The  law  provides  for  the  protection  of  women  from  violence,  and  occur- 
rences of  such  violence,  including  spousal  abuse,  are  unusual. 

Several  laws  provide  specifically  for  the  equality  of  women  in  the  workplace  and 
elsewhere.  In  practice  there  is  no  discrimination  in  pay  or  working  conditions.  All 
careers  are  open  to  women,  including  careers  in  the  military  and  police  as  well  as 
the  highest  public  offices. 

However,  one  law  discriminates  against  women  by  stipulating  that  a  woman  who 
marries  a  foreigner  cannot  transmit  citizenship  to  her  husband  or  children,  but  that 
a  man  who  marries  a  foreigner  can  do  so  to  both  his  spouse  and  their  children. 

Children. — The  Government  demonstrates  its  commitment  to  children's  rights  and 
welfare  through  its  well-funded  systems  of  public  education  and  medical  care.  There 
is  no  difference  in  the  treatment  of  girls  and  boys  in  educational  or  health  care,  nor 
is  there  any  societal  pattern  of  abuse  directed  against  children. 

People  With  Disabilities. — There  is  no  discrimination  against  disabled  persons  in 
employment,  education,  or  in  the  provision  of  other  state  services.  A  1992  law  estab- 
lished guidelines  for  easier  access  to  public  buildings,  but  its  implementation  is  in- 
complete. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — By  law,  all  workers  (except  the  military,  but  includ- 
ing police)  are  free  to  form  and  join  unions.  A  1961  law  sets  the  conditions  for  estab- 
lisnment  of  a  union.  The  unions  may  freely  form  domestic  federations  or  join  inter- 
national labor  federations. 

Union  members  constitute  about  half  of  the  country's  work  force  (which  numbers 
about  10,000  San  Marinese  plus  2,000  Italians,  from  the  country's  total  population 
of  about  25,000). 

Trade  unions  are  independent  of  the  Government  and  the  political  parties,  but 
they  have  close  informal  ties  with  the  parties,  which  exercise  strong  influence  on 
them. 

Workers  in  all  nonmilitary  occupations  have  the  right  to  strike.  No  strikes  have 
occurred  in  at  least  the  last  7  years. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  gives  collective  bar- 
gaining agreements  the  force  of  law  and  prohibits  antiunion  discrimination  by  em- 
ployers. Effective  mechanisms  exist  to  resolve  complaints.  Negotiations  are  freely 
conducted,  often  in  the  presence  of  government  officials  (usually  from  the  Labor  and 
Industry  Departments)  oy  invitation  from  both  the  unions  and  the  employers'  asso- 
ciation. For  the  last  several  years,  all  complaints  have  been  resolved  amicably  by 
a  "conciliatory  committee"  composed  of  judges  and  government  officials. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  and  bond- 
ed labor,  including  by  children,  and  the  Government  enforces  this  prohibition  effec- 
tively. 

d.  Status  of  Child  Ixibor  Practices  and  Minimum  Age  for  Employment. — ^The  law 
prohibits  forced  and  bonded  labor  by  children,  and  tne  Government  enforces  this 
prohibition.  The  minimum  working  age  and  compulsory  education  age  is  16  years. 
The  Ministry  of  Labor  and  Cooperation  permits  no  exceptions.  Most  students  con- 
tinue in  school  until  the  age  of  18. 

e.  Acceptable  Conditions  of  Work. — Since  January  1,  the  legal  minimum  wage  has 
been  approximately  $1,200  (2.06  million  Lit)  per  month.  This  affords  a  decent  living 
for  a  worker  and  family.  Wages  are  generally  nigher  than  the  minimum. 

The  law  sets  the  workweek  at  36  hours  in  public  administration  and  37V2  hours 
in  industry  and  private  business,  with  24  hours  of  rest  per  week  for  workers  in  ei- 
ther category. 


1271 

The  law  stipulates  safety  and  health  standards,  and  the  judicial  system  monitors 
them.  Most  workplaces  implement  the  standards  effectively,  but  there  are  some  ex- 
ceptions, notably  in  the  construction  industry. 


SERBIA-MONTENEGRO 

Serbia-Montenegro,  a  constitutional  republic,  is  dominated  by  Slobodan  Milosevic 
who,  after  two  terms  as  President  of  Serbia,  became  Federal  ft^sident  in  July. 
President  Milosevic  continues  to  control  the  country  through  his  role  as  President 
of  the  Socialist  Party  of  Serbia  (SPS) — a  dual  role  arrangement  proscribed  by  the 
federal  Constitution — and  his  domination  of  other  formal  and  informal  institutions. 
Although  the  SPS  lacks  majorities  in  both  the  Federal  and  Serbian  Parliaments,  it 
controls  governing  coalitions  and  holds  the  key  administrative  positions.  Serbia 
abolished  the  political  autonomy  of  Kosovo  and  Vojvodina  in  1990,  and  all  signifi- 
cant decisionmaking  since  that  time  has  been  centralized  under  Milosevic  in  Bel- 
grade. The  Milosevic  regime  effectively  controls  the  judiciary  and  has  used  this 
power  to  manipulate  the  election  process,  most  notably  to  reverse  opposition  vic- 
tories in  Serbian  municipal  elections  over  the  winter  of  1996-97 — an  effbrt  that  the 
regime  abandoned  in  February  after  sustained  domestic  and  international  pressure. 

During  1997  the  international  community  continued  to  work  intensively  with  the 
Milosevic  regime  to  implement  the  Dayton  Accords,  a  step-by-step  process  designed 
to  end  the  war  in  Bosnia  and  secure  the  peace.  United  Nations  (U.N.)  sanctions 
against  the  'Tederal  Republic  of  Yugoslavia  (FRY)  were  formally  lifted  in  1996.  The 
FKY  is  still  not  permitted  to  participate  in  the  United  Nations  (U.N.),  the  Organiza- 
tion for  Security  and  Cooperation  in  Europe,  or  other  international  organizations 
and  financial  organizations.  The  United  States  and  the  international  community  do 
not  recognize  Serbia-Montenegro  as  the  successor  state  to  the  former  Yugoslavia. 

As  a  key  element  of  his  hold  on  power.  President  Milosevic  effectively  controls  the 
Serbian  police,  a  heavily  armed  force  of  over  100,(X)0  that  is  responsible  for  internal 
security.  After  his  move  to  the  Federal  presidency,  Milosevic  precipitated  a  crisis 
when  he  tried  to  wrest  control  of  the  Montenegrin  police  from  Montenegrin  Prime 
Minister  Milo  Djukanovic.  Serbian  police  committed  extensive  and  systematic 
human  rights  abuses. 

Despite  the  suspension  of  U.N.  sanctions,  economic  performance  has  been  anemic. 
Unemployment  and  underemployment  remained  hi^h  as  the  Government  was  un- 
able or  unwilling  to  introduce  necessary  restructuring  measures.  The  (government 
has  not  implemented  sweeping  economic  reforms,  including  privatization,  which 
could  undermine  the  regime  s  crony  system.  Largely  as  a  result  of  the  central  bank's 
tight  monetary  policy  and  the  partial  selloff  of  the  state  telecommunications  entity, 
inflationary  pressures  were  kept  relatively  in  check. 

The  (jovemment's  human  rights  record  continued  to  be  poor.  The  police  commit- 
ted numerous,  serious  abuses  including  extrajudicial  killings,  torture,  brutal  beat- 
ings, and  arbitrary  arrests.  Police  repression  continued  to  be  directed  against  ethnic 
minorities,  and  police  committed  the  most  widespread  and  worst  abuses  against 
Kosovo's  9<)-percent  ethnic  Albanian  population.  Police  repression  was  also  directed 
against  the  Muslims  of  Sandzak  and  detainees  and  citizens  who  protested  against 
the  Government.  While  under  the  Constitution  citizens  have  a  right  to  stage  peace- 
ful demonstrations,  the  police  seriously  beat  scores  of  protesters  throu^out  the 
country,  sending  many  to  hospitals.  The  (jovemment  used  its  continued  domination 
of  Parliament  and  the  media  to  enact  legislation  to  manipulate  the  electoralprocess. 
In  practice  citizens  cannot  exercise  the  right  to  change  their  government.  Tne  judi- 
cial system  is  not  independent  of  the  (Jovemment  and  does  not  ensure  fair  trials. 
The  authorities  infringe  on  citizens'  right  to  privacy.  The  Government  used  police 
and  economic  pressure  against  the  independent  press  and  media  and  restricted  free- 
dom of  assembly  and  association.  The  (jovemment  infringed  on  freedom  to  worship 
by  minority  religions  and  on  freedom  of  movement.  The  Government  continues  to 
hinder  international  and  local  human  rights  groups  and  reject  their  findings.  Dis- 
crimination and  violence  against  women  remained  serious  problems.  Discrimination 
against  ethnic  Albanian,  Muslim,  and  Romani  minorities  continues.  The  regime  lim- 
its unions  not  affiliated  with  the  Government  in  their  attempts  to  advance  worker 
rights. 

Montenegro  was  the  only  relatively  bright  spot,  although  Milosevic's  influence 
threatens  to  complicate  the  republic's  as  yet  unproven  efforts  at  democratization.  In 
July  Montenegro's  increasingly  reformist  Prime  Minister,  Milo  Diukanovic,  success- 
fully fought  off  an  attempt  by  Milosevic  to  change  the  Federal  Constitution  and 
boost  the  powers  of  the  Federal  presidency.  Djukanovic  appears  to  be  resisting  at- 


1272 

tempts  by  Milosevic  to  consolidate  Montenegro's  security  apparatus — with  its  rel- 
atively clean  human  rights  record  since  1995 — under  the  Belgrade  regime.  The  re- 
sults of  the  October  presidential  election,  in  which  Milo  Djukanovic  defeated  the  in- 
cumbent, Momir  Bulatovic,  were  questioned  by  the  central  authorities  despite  being 
endorsed  as  free  and  fair  by  the  Organization  for  Security  and  Cooperation  in  Eu- 
rope (OSCE). 

As  a  signatory  of  the  Dayton  Accords,  Serbia-Montenegro  is  obliged  to  cooperate 
fully  with  the  International  Criminal  Tribunal  for  the  Former  Yugoslavia  by  turning 
over  to  the  Tribunal  the  five  persons  on  its  territory  who  were  indicted  for  war 
crimes.  The  Government  has  so  far  been  uncooperative.  According  to  credible  re- 

gorts,  some  of  those  indicted  live  in  Serbia,  and  others  freely  travel  in  and  out  of 
erbia.  Over  the  summer,  suspected  war  criminal  Ratko  Mladic  vacationed  in 
Montenegro  and  earlier,  according  to  press  reports,  attended  his  son's  well-pub- 
licized wedding  ceremony  in  Belgrade. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom.  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Political  violence,  including  killings 
by  police,  resulted  mostly  from  efforts  by  Serbian  authorities  to  suppress  and  intimi- 
date ethnic  minority  groups.  Xhafer  Hajdari  of  Mitrovica  died  in  January,  appar- 
ently from  injuries  sustained  during  police  torture  several  weeks  earlier.  The  victim 
had  committed  no  crime,  but  police  alleged  that  his  son  had  killed  a  Serbian  hunter 
in  1992. 

On  June  20,  along  the  FRY  border  with  the  Republika  Srpska  at  Priboj,  the  police 
killed  one  Muslim  Bosniak  and  seriously  mistreated  another.  Serbian  security  forces 
shot  and  killed  several  ethnic  Albanians,  identified  by  police  as  terrorists,  including 
Adrian  Krasniqi,  a  21-year-old  ethnic  Albanian  shot  and  killed  by  Serbian  police  on 
October  14. 

At  least  two  ethnic  Albanians  died  while  in  jail  awaiting  trials.  On  February  23, 
Serbian  police  revealed  that  Besnik  Restelica,  an  engineer  from  Podujevo,  was  killed 
while  in  police  custody.  Police  claim  that  Restelica  committed  suicide,  but  according 
to  reports  of  the  Council  for  the  Defense  of  Human  Rights  and  Freedoms,  a  monitor- 
ing organization  based  in  Pristina,  Kosovo,  he  had  bruises  on  his  legs,  hands,  and 
fingers  and  showed  signs  of  having  been  strangled.  He  was  abducted  by  police  in 
late  January.  On  October  17,  another  ethnic  Albanian,  Junus  Zeneli,  died  while  in 
police  custody  in  Belgrade  under  suspicious  circumstances.  In  both  cases,  legal  re- 
quirements that  family  and  legal  counsel  of  the  detainee  contacted  immediately 
were  ignored. 

Several  violent  clashes  in  Kosovo  in  late  November  between  the  police  and 
Kosovar  ethnic  Albanians  apparently  resulted  in  fatalities  on  both  sides. 

Crimes  against  citizens  of  ethnic  minority  groups  appear  to  have  been  rarely  in- 
vestigated, nor  were  police  generally  held  accountaole  for  their  excesses. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
An  ethnic  Albanian,  Nait  Hasani,  of  Pristina  was  seized  by  police  on  January  28, 
brutally  beaten,  and  then  disappeared  for  32  days  before  police  acknowledged  that 
he  was  in  their  custody  and  charged  him  with  terrorist-related  activities. 

The  trial  of  Dusan  Ranisavljevic  began  in  April;  he  is  an  admitted  participant  in 
the  1993  Strpci  incident,  in  wnich  19  Muslims  and  1  Croat  were  taken  off  a  train 
as  it  passed  through  Bosnian  territory  and  disappeared  (see  Section  4).  The  fate  of 
the  men  remains  a  mystery,  and  the  Government  is  clearly  reluctant  to  investigate 
fully  the  incident,  as  well  as  other  disappearances.  The  trial  started  in  April  but 
was  interrupted  for  procedural  reasons  when  Montenegrin  authorities  sought  to 
move  the  venue  to  a  Serbian  court  in  Jagodina,  the  defendant's  hometown. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Torture  and  other  cruel  forms  of  punishment,  which  are  prohibited  by  law,  continue 
to  be  a  problem,  particularly  in  Kosovo  directed  against  ethnic  Albanians.  Police 
routinely  beat  people  severely  when  holding  them  in  detention.  There  were  several 
police  roundups  in  Kosovo  during  the  early  part  of  the  year  of  ethnic  Albanians 
charged  with  supporting  a  separatist  agenda  and  terrorist-related  activities.  Police 
beat  and  tortured  many  of  over  60  male  and  female  suspects  held  in  custody.  It  is 
during  the  3  to  4  day  period  of  incommunicado  detention  allowed  by  law  that  the 
worst  police  brutality  takes  place.  These  excesses  are  now  primarily  concentrated 
in  Kosovo,  and  to  a  lesser  extent  in  Sandzak.  Serbian  police  inflicted  some  abuse 
on  prodemocracy  demonstrators  early  in  the  year  and  again  in  the  fall  (see  Section 
2.b.). 

Ethnic  Albanians  continue  to  suffer  at  the  hands  of  security  forces  conducting 
searches  for  weapons  and  explosives.  The  police,  without  following  proper  legal  pro- 


1273 

cedures,  frequently  extract  "confessions"  during  interrogations  that  routinely  include 
the  beating  of  suspects'  feet,  hands,  genital  areas,  and  sometimes  heads.  TTie  police 
use  their  lists,  nightsticks,  and  occasionally  electric  shocks.  Apparently  confident 
that  there  would  be  no  reprisals,  and,  in  an  attempt  to  intimidate  the  wider  commu- 
nity, police  often  beat  persons  in  front  of  their  families.  According  to  various 
sources,  ethnic  Albanians  are  frequently  too  terrified  to  ask  police  to  follow  proper 
legal  procedures — such  as  having  the  police  provide  written  notification  of  witness 
interrogation. 
According  to  Human  Rights  Watch,  police  beat  at  least  24  journalists  during 

Srodemocracy  demonstrations  over  the  wmter  of  1996-97  in  Belgrade  alone.  Human 
ights  Watch  cited  an  incident  in  which  police  using  truncheons  brutally  beat  the 
head  of  a  21-year-old  student  journalist,  Rastko  Kostic.  The  police  stopped  only 
when  another  passerby  became  involved,  and  they  started  beating  him.  In  February 
the  Humanitarian  Law  Center  filed  criminal  charges  on  behalf  oi  21  journalists  who 
had  been  beaten,  but  no  action  had  been  taken  oy  the  state  prosecutor  by  year's 
end. 

Police  also  used  threats  and  violence  against  family  members  of  suspects  and 
have  held  them  as  hostages.  According  to  Albanian  and  foreign  observers,  the  worst 
abuses  against  ethnic  Albanians  took  place  not  in  big  towns  but  in  rural  enclaves. 
Continuing  a  longstanding  practice,  the  military  conducted  exercises  using  live  am- 
munition next  to  an  inhabited  village  in  Sandzak  during  the  summer  on  the  Pester 
Slain.  No  one  was  killed,  but  the  practice  showed  insensitivity  and  served  to  intimi- 
ate  the  local  Muslim  population  and  encourage  residents  to  leave. 

FMson  conditions  meet  minimum  international  standards.  There  were  no  con- 
firmed reports  of  the  abuse  of  prisoners,  once  they  were  sentenced  and  serving  time. 

The  Government  generally  permits  prison  visits  by  human  rights  monitors.  An 
important  exception  was  the  case  of  the  ethnic  Albanians  arrested  in  a  police  sweep 
over  the  winter.  The  International  Committee  for  the  Red  Cross  was,  except  for  one 
visit,  denied  access  to  the  prisoners  prior  to  the  beginning  of  their  trials  in  May. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Police  use  of  arbitrary  arrest  and  deten- 
tion was  concentrated  primarily  in  Kosovo  and,  to  a  lesser  degree,  in  Sandzak.  Po- 
lice often  apply  certain  laws  only  against  ethnic  minorities,  using  force  with  relative 
impunity.  During  Belgrade  student  protests  in  late  September  and  early  October, 
ponce  arbitrarily  arrested  dozens  of  citizens,  including  some  who  were  not  even  par- 
ticipating in  the  protests.  Police  also  beat  several  journalists,  photographers,  and 
television  camera  people.  Laws  regarding  conspiracy,  threats  to  the  integrity  of  the 
government,  and  state  secrets  are  so  vague  as  to  allow  easy  abuse  by  tne  regime. 

Federal  statutes  permit  police  to  detain  criminal  suspects  without  a  warrant  and 
hold  them  incommunicado  for  up  to  3  days  without  charging  them  or  granting  them 
access  to  an  attorney.  Serbian  law  separately  provides  for  a  24-hour  detention  pe- 
riod. Police  often  combine  the  two  for  a  total  4-day  detention  period.  After  this  pe- 
riod, police  must  turn  a  suspect  over  to  an  investigative  judge,  who  may  order  a 
30-day  extension  and,  under  certain  legal  procedures,  subsequent  extensions  of  in- 
vestigative detention  up  to  6  months.  In  Kosovo  police  often  beat  people  without 
ever  officially  charging  them  and  routinely  hold  suspects  well  beyond  the  3-day  stat- 
utory period.  However,  observers  report  that  the  problem  is  not  as  pronounced  in 
the  rest  of  Serbia-Montenegro  as  in  the  past. 

Defense  lawyers  and  human  rights  workers  complained  of  excessive  delays  in  fil- 
ing formal  charges  and  opening  investigations.  The  ability  of  defense  attorneys  to 
challenge  the  legal  basis  of  their  clients'  detention  often  was  further  hampered  by 
difficulties  in  gaining  access  to  detainees  or  acauiring  copies  of  official  indictment^ 
and  decisions  to  remand  defendants  into  custody.  In  some  cases,  judges  prevented 
defense  attorneys  from  reading  the  court  file,  tne  investigative  judges  often  dele- 
gated responsibility  to  the  police  or  state  security  service  and  rarely  questioned 
their  accounts  of  the  investigation  even  when  it  was  obvious  that  confessions  were 
coerced.  According  to  human  rights  observers,  many  of  these  problems  were  in  evi- 
dence with  respect  to  the  ethnic  Albanians  arrested  over  the  winter  and  convicted 
in  the  late  spring  in  Pristina. 

In  a  country  where  many  if  not  most  of  the  adult  males  in  the  Serbian  population 
are  armed,  the  police,  according  to  some  members  of  minorities,  selectively  enforced 
the  laws  regulating  the  possession  and  registration  of  firearms  so  as  to  harass  and 
intimidate  ethnic  minorities,  particularly  Albanian  Kosovars  and  Bosniak  Muslims. 
The  most  frequent  justification  given  for  searches  of  homes  and  arrests  was  illegal 
possession  of  weapons.  Observers  allege  that  in  Kosovo  the  police  are  known  to  use 
the  pretext  of  searching  for  weapons  when  in  fact  they  are  also  searching  for  hard 
currency.  Local  police  authorities  more  easily  approve  the  registration  of  legal  weap- 
ons for  Kosovo  Serbs  and  frequently  turn  a  blind  eye  to  Serbs'  possession  of  illegal 
weapons. 


1274 

Exile  is  not  legally  permitted,  and  no  instances  of  its  use  are  known  to  have  oc- 
curred. However,  the  practical  efTect  of  police  repression  in  Kosovo  and  Sandzak  has 
been  to  accentuate  political  instability,  which  in  turn  has  limited  economic  oppor- 
tunity. As  a  result,  many  ethnic  Albanians  and  Bosniak  Muslims  go  abroad  to  es- 
cape persecution,  although  only  in  a  few  cases  could  direct  links  to  police  actions 
be  identified. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  in  practice  the  courts  are  largely  controlled  by  the  Government  and  rarely 
challenge  the  will  of  the  state  security  apparatus.  While  judges  are  elected  for  fixed 
terms,  they  may  be  subjected  to  governmental  pressure.  The  authorities  frequently 
deny  fair  public  trial  to  non-Serbs  and  to  persons  they  believe  oppose  the  regime. 
The  fraud  that  followed  the  November  1996  municipal  elections  was  perpetrated 
mainly  through  the  regime's  misuse  of  the  judicial  system. 

The  court  system  comprises  local,  district,  and  supreme  courts  at  the  republic 
level,  as  well  as  a  Federal  Court  and  Federal  Constitutional  Court  to  which  republic 
supreme  court  decisions,  depending  on  the  subject,  may  be  appealed.  There  is  also 
a  military  court  system.  According  to  the  Federal  Constitution,  the  Federal  Con- 
stitutional Court  rules  on  the  constitutionality  of  laws  and  regulations,  relying  on 
republic  authorities  to  enforce  its  rulings. 

The  Federal  Criminal  Code  of  the  former  Socialist  Federal  Republic  of  Yugoslavia 
still  remains  in  force.  Considerable  confusion  and  room  for  abuse  remain  in  the  legal 
system  because  the  1990  Constitution  of  Serbia  has  not  yet  been  brought  into  con- 
formity with  the  1992  Constitution  of  the  Federal  Republic  of  Yugoslavia.  Under 
Federal  law,  defendants  have  the  right  to  be  present  at  their  trial  and  to  have  an 
attorney,  at  public  expense  if  needed.  The  courts  must  also  provide  interpreters.  The 
presiding  judge  decides  what  is  read  into  the  record  of  the  proceedings.  Either  the 
defendant  or  the  prosecutor  may  appeal  the  verdict. 

Although  generally  respected  in  form,  defense  lawyers  in  Kosovo  and  Sandzak 
have  filed  numerous  complaints  about  flagrant  breaches  of  standard  procedure 
which  they  believed  undermined  their  clients'  rights.  Even  when  individual  judges 
have  admitted  that  the  lawyers  are  correct,  courts  have  ignored  or  dismissed  the 
complaints. 

The  Government  continues  to  pursue  cases  brought  previously  against  targeted 
minority  groups  under  the  Yugoslav  Criminal  Code  for  jeopardizing  the  territorial 
integrity  of  the  country  and  for  conspiring  or  forming  a  group  with  intent  to  commit 
subversive  activities — that  is,  undermining  the  "constitutional  order." 

Three  questionable  trials  took  place  in  Pristina  over  the  summer  and  fall  involv- 
ing 60  ethnic  Albanians.  In  the  first  trial,  20  individuals,  including  one  woman, 
were  charged  mainly  with  preparing  to  conspire  to  participate  in  activities  endan- 
gering the  territorial  integrity  of  the  FRY.  The  evidence  was  inadequate  and  the  de- 
fendants were  largely  denied  timely  access  to  their  attorneys.  U.N.  Special 
Rapporteur  Rehn  noted  that  several  defendants  met  their  defense  attorneys  for  the 
first  time  only  after  the  investigative  judge  had  already  concluded  the  crucial  stage 
of  investigation,  while  other  defendants  had  defense  counsel  assigned  after  they  en- 
tered the  courtroom. 

Much  evidence  appeared  to  have  been  obtained  by  authorities  throu^  forced  con- 
fessions of  defendants  under  duress.  Other  evidence  was  kept  from  defense  attor- 
neys until  right  before  the  trial.  Similar  problems  prevailed  during  the  second  and 
third  trials,  in  which  suspects  were  either  accused  of  forming  a  terrorist  organiza- 
tion with  the  aim  of  endangering  the  constitutional  order  or  of  killing  police  officers. 
A  total  of  52  defendants  received  prison  sentences  of  up  to  20  years. 

Another  aspect  of  the  FRY's  ineffective  judicial  system  is  the  impunity  that  exists 
for  certain  criminal  behavior.  For  example,  the  bodyguard  for  Vojislav  Seselj,  the 
Serbian  radical  party  leader  and  candidate  for  Serbian  president,  beat  up  a  re- 
spected human  rights  lawyer,  Nikola  Barovic,  after  a  television  interview  debate  in 
which  Seselj  and  Barovic  disagreed  vehemently.  Barovic  received  serious  injuries  to 
the  face,  which  Seselj  dismissed  glibly  as  being  the  result  of  the  human  rights  law- 
yer having  "slipped  on  a  banana  peel. '  The  courts  ignored  the  case  for  several  weeks 
until  after  Serbian  elections.  When  the  case  did  go  to  trial,  the  judge  accepted  a  ba- 
nana peel  into  evidence.  The  case  was  suspended.  In  a  case  that  oemonstrated  rel- 
ative impunity,  on  October  13  the  first  municipal  court  of  Belgrade  found  Zivko 
Sandic  guilty  only  of  criminal  negligence  for  pulling  out  a  gun  and  shooting  a 
prodemocracy  demonstrator  in  the  head  during  a  December  1996  protest.  Sandic 
was  sentenced  to  only  2  years  in  prison,  close  to  the  legal  minimum.  In  one  case 
with  a  rare  just  ending,  Zlatibor  Jovanovic,  an  ethnic  Serb  from  Kosovo,  was  sen- 
tenced to  11  years  in  prison  for  murdering  an  ethnic  Albanian  student  in  1996. 

The  Government  continues  to  hold  some  ethnic  Albanians  as  political  prisoners. 


1275 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — ^Federal 
law  gives  republic  ministries  of  the  interior  sole  control  over  the  decision  to  monitor 
potential  criminal  activities,  a  power  that  is  routinely  abused.  It  is  widely  believed 
that  authorities  monitor  opposition  and  dissident  activity,  eavesdrop  on  conversa- 
tions, read  mail,  and  wiretap  telephones.  Although  illegal  under  provisions  of  Fed- 
eral and  Serbian  law,  the  Federal  post  office  registers  all  mail  from  abroad,  osten- 
sibly to  protect  mail  carriers  from  charges  of  theft. 

Although  the  law  includes  restrictions  on  searches,  officials  often  ignored  them. 
In  Kosovo  and  Sandzak,  police  have  systematically  subiected  ethnic  Albanians  and 
Bosniak  Muslims  to  random  searches  of  their  homes,  vehicles,  shops,  and  offices,  as- 
serting that  they  were  searching  for  weapons.  According  to  the  Council  for  the  De- 
fense of  Human  Rights  and  Freedoms,  the  police  carried  out  scores  of  raids  on 
homes.  Police  also  used  threats  and  violence  against  family  members  of  suspects 
and  have  held  them  as  hostages  (see  Section  I.e.). 

Ultranationalist  local  officials  in  Zemun  encouraged  the  illegal  eviction  of  ethnic 
Croats  from  their  apartments,  after  which  they  were  replaced  oy  ethnic  Serb  refu- 
gees (see  Section  5). 

The  Government's  law  requiring  universal  military  service  is  enforced  only  spo- 
radically. It  was  not  vigorously  enforced  in  1997.  The  informal  practice  of  the  mili- 
tary has  been  not  to  call  up  ethnic  Albanians.  Of  approximately  100,0(K)  draft  evad- 
ers living  abroad  to  avoid  punishment,  40  percent  were  estimated  to  be  ethnic  Alba- 
nian. This  number  in  part  reflects  the  large  number  of  conscription-age  men  in  the 
FRVs  Albanian  community.  The  climate  appears  to  be  moderating,  due  to  the  ces- 
sation of  hostilities  in  Bosnia.  Nevertheless,  leaders  of  Kosovas  Albanian  and 
Sandzak's  Muslim  communities  have  maintained  that  forced  compliance  of  these 
ethnic  groups  with  universal  military  service  was  an  attempt  to  induce  young  men 
to  flee  the  country.  According  to  an  amnesty  bill  passed  in  1996,  young  men  for 
whom  criminal  prosecution  for  draft  evasion  had  already  started  were  granted  am- 
nesty. 

In  a  related  development,  under  a  1996  agreement  with  Germany,  ethnic  Alba- 
nian refugees  repatriated  to  the  FRY  were  not  supposed  to  be  prosecuted  for  fleeing 
the  draft.  According  to  the  Humanitarian  Law  Center  (HLC),  however,  many  re- 
turning ethnic  Albanians  have  faced  irregular  procedures  on  returning  to  the  FRY. 
The  HLC  reported  many  violations  by  authorities  against  returned  asylum  seekers, 
including  physical  abuse,  threats  of  imprisonment,  deportation,  confiscation  of  ID 
cards,  and  obliging  persons  to  report  to  their  local  police  stations  on  a  daily  basis. 
Returning  ethnic  Albanians  and  Sandzak  Muslims  are  routinely  detained  on  their 
arrival  at  local  airports.  In  many  cases  FRY  officials  have  refused  to  issue  proper 
travel  documents  to  children  born  to  asylum  seekers. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  the  Press. — Federal  law  provides  for  freedom  of  sf>eech 
and  of  the  press,  but  in  practice  the  Government  strongly  influences  much  of  the 
media.  In  July  several  weeks  before  the  Serbian  elections,  the  Milosevic  regime  tem- 
porarily closed  scores  of  private  radio  and  television  stations  throughout  Serbia.  The 
FRY  Ministry  of  Transport  and  Telecommunications,  which  controls  broadcast  fre- 
quencies, worked  in  concert  with  the  criminal  and  financial  police  to  pressure  inde- 
pendent media  outlets  that  had  not  been  able  to  regularize  their  legal  status.  Many 
broadcasters  applied  for  frequencies  but  were  left  in  a  state  of^  limbo  by  the  regime. 
Serbia's  broadcast  laws  remain  murky,  and  licenses  are  not  issued  in  any  fashion 
that  can  remotely  be  described  as  transparent. 

While  the  regime  harassed  the  independent  media,  an  HLC  study  showed  that  the 
Government  violated  the  agreement  on  the  presentation  of  political  parties,  signed 
before  the  election  season.  During  the  campaign  season  in  August,  state-controlled 
Radio  and  Television  Serbia  (RTS)  openly  campaigned  for  Mifosevic's  ruling  coali- 
tion. According  to  HLC  monitoring,  all  the  other  political  parties  received  only  one- 
quarter  of  the  broadcast  time  allocated  for  political  parties,  while  the  RTS  regularly 
opened  the  evening  news  broadcasts  with  campaign  promotion  pieces  for  the  regime. 

The  regime  lost  one  of  its  most  important  media  outlets  when  it  was  forced  to  re- 
verse the  theft  of  the  Belgrade  municipal  elections  in  February  and  consent  to  the 
naming  of  Democratic  Party  Leader  Zoran  Djindic  as  the  citys  mayor.  Control  of 
Belgrade's  Studio  B  radio  went  from  the  regime  to  the  opposition,  and  the  manage- 
ment immediately  started  broadcasting  generally  balanced  news  programming.  The 
regime,  however,  reversed  the  setback  when  the  Zajedno  coalition  of  the  political  op- 
position fell  apart.  Studio  B's  independent  management  was  dismissed  a  week  after 
the  first  round  of  Serbian  elections  on  September  21,  and  the  news  board's  commit- 
ment to  journalistic  independence  is  suspect  at  best.  In  effect,  Studio  B  is  now  under 
SPG  censorship. 


1276 

The  most  striking  example  of  media  bias  came  in  reaction  to  the  mass  demonstra- 
tions from  November  1996  to  February  1997  that  followed  widespread  government 
theft  of  the  municipal  elections.  The  government-controlled  media  downplayed  the 
size  of  crowds,  sometimes  ignoring  demonstrations  altogether — despite  numbers  of 
demonstrators  in  the  tens  of  thousands.  When  state-run  television  did  cover  dem- 
onstrations, it  was  in  an  effort  to  label  protesters  as  "hooligans"  and  "traitors"  deter- 
mined to  destroy  Serbia. 

The  same  media  tack  was  used  when  ethnic  Albanian  students  staged  a  peaceful 
protest  march  in  Pristina  on  October  1  only  to  be  accused  by  the  state-controlled 
media  of  instigating  violence  in  a  clash  that  saw  police  move  in  with  truncheons, 
tear  gas,  and  water  cannons.  The  state-controlled  media,  moreover,  took  advantage 
of  the  protests  to  accuse  the  Belgrade  opposition  of  being  in  league  with  "Albanian 
separatists." 

Economic  pressure  was  the  usual  weapon  of  the  regime  against  the  free  press.  For 
example,  state-owned  enterprises  were  dissuaded  from  advertising  in  independent 
media.  One  of  Serbia's  leading  opposition  papers,  Nasa  Borba,  had  its  bank  accounts 
blocked  by  the  regime.  Although  no  longer  tne  persistent  problem  it  was  during  the 
period  of  sanctions,  the  availability  of  newsprint  continued  to  pose  difficulties,  espe- 
cially for  the  independent  media.  Also,  while  the  state-controlled  press  obtained 
newsprint  at  subsidized  prices,  independent  publications  paid  substantially  hi^er 
mari(et  prices. 

Academic  freedom  exists  in  a  limited  fashion.  Many  leading  academicians  are  ac- 
tive members  of  the  political  opposition  and  human  rights  groups,  and  the  espousal 
of  antiregime  positions  would  likelv  limit  their  advancement.  At  the  prestigious  Uni- 
versity 0?  Belgrade,  half  the  membership  of  the  governing  council  that  controls  the 
university  is  appointed  by  the  regime  and  half  by  the  various  faculties. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Federal  and  republic-level 
Constitutions  provide  for  freedom  of  peaceful  assembly  and  association;  however, 
the  Government  restricted  this  right.  During  the  early  part  of  1997,  citizens  were 
prevented  from  staging  protest  marches  on  numerous  occasions  before  the  regime 
nnally  restored  the  opposition's  victories  in  several  Serbian  municipalities.  In 
Kosovo  the  regime  cracKed  down  on  peaceful  demonstrators  during  their  October  1 
and  late  December  protests,  when  police  used  tear  gas  and  clubs,  injuring  several 
passersby.  The  regime  cited  the  student  protesters'  unwillingness  to  apply  for  a  per- 
mit from  Serbian  authorities.  In  SandzaK  the  Milosevic  regime  banned  all  outdoor 
rallies,  even  for  election  campaigning. 

The  federal  and  republic  level  Constitutions  provide  for  freedom  of  association, 
but  the  Government  restricted  this  right.  Prior  to  the  Serbian  elections  in  the  fall, 
officials  blocked  the  coalition  Sandzak-Dr.  Rasim  Ljajic  from  forming  an  alliance 
with  the  Kosovo-based  Democratic  Reform  Party  of  Muslims,  a  move  that  protected 
regime  candidates  from  extra  competition. 

c.  Freedom  of  Religion. — There  is  no  state  religion,  but  the  Government  gives  pref- 
erential treatment,  including  access  to  state-run  television  for  major  religious 
events,  to  the  Serbian  Orthodox  Church  to  which  the  majority  of  Serbs  belong.  The 
regime  has  subjected  religious  communities  in  Kosovo  to  harassment.  For  example, 
a  Roman  Catholic  parish  in  Klina  has  the  money,  property,  and  permission  (includ- 
ing up  to  the  Supreme  Court  of  Serbia)  to  build  a  church  for  its  6,000  member  par- 
ish. However,  the  local  chapter  of  Milosevic's  Socialist  Party  of  Serbia  has  continued 
to  block  construction.  Other  Catholic  and  Muslim  communities  in  the  province  had 
similar  experiences. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  of  movement,  and  the  Govern- 
ment makes  passports  available  to  most  citizens.  However,  many  inhabitants  of  Ser- 
bia-Montenegro who  were  born  in  other  parts  of  the  former  Yugoslavia,  as  well  as 
large  numbers  of  refugees,  have  not  been  able  to  establish  their  citizenship  in  the 
FRY,  leaving  them  in  a  stateless  limbo. 

According  to  a  report  by  the  Humanitarian  Law  Center,  authorities  on  several  dif- 
ferent occasions  barred  FRY  citizens  from  reentering  the  country.  The  regime  also 
continues  to  restrict  the  right  of  Albanian  Kosovars  and  Sandzak  Muslims  to  travel 
by  holding  up  issuance  or  renewal  of  passports  for  an  unusually  long  period  of  time 
and  has  reserved  the  option  of  prosecuting  individuals  charged  previously  with  vio- 
lating exit  visa  requirements. 

FRY  citizens  reported  difficulties  at  borders  and  occasional  confiscation  of  their 
passports.  Ethnic  Albanians,  Sandzak  Muslims,  and  Vojvodina  Croats  frequently 
complained  of  harassment  at  border  crossings.  There  were  numerous  reports  that 
border  guards  confiscated  foreign  currency  or  passports  from  travelers  as  well  as  oc- 
casional complaints  of  physical  mistreatment.  The  authorities  generally  allowed  po- 
litical opposition  leaders  to  leave  the  country  and  return. 


1277 

The  Government  has  been  very  slow  to  issue  passports  to  refugees.  Albanian 
Kosovars  also  have  problems  with  the  issuance  and  renewal  of  passports  and  are 
sometimes  called  in  for  interrogation  by  state  security  officers  before  passports  are 
issued.  In  January  a  new  citizenship  law  entered  into  force,  which,  when  fully  im- 
plemented, is  expected  to  affect  adversely  the  rights  of  many  inhabitants,  including 
those  bom  in  other  parts  of  the  former  Yugoslavia,  refugees,  and  citizens  who  had 
migrated  to  other  countries  to  work  or  seek  asylum.  The  U.N.  Special  Rapporteur 
for  the  former  Yugoslavia  noted  that  the  new  law  would  give  the  Ministry  of  Inte- 
rior almost  complete  control  over  the  granting  of  citizenship.  The  Government 
served  notice  that  it  plans  to  limit  severely  the  granting  of  citizenship  to  refugees 
from  the  conflicts  in  Bosnia  and  Croatia.  The  Government  also  plans  to  revise  the 
eligibiUty  status  of  a  large  number  of  people;  refugees  who  have  been  granted  citi- 
zenship since  1992  may  stand  to  lose  their  FRY  citizenship  if  they  have  acquired 
the  citizenship  of  an  ex-Yugoslav  republic. 

Observers  in  the  Sandzak  region  also  note  that  Muslim  residents  who  were  forced 
to  flee  to  Bosnia  from  Sandzak  in  1992  and  1993  may  not  be  permitted  to  return 
to  Serbia,  particularly  if  they  have  obtained  Bosnian  passports  in  the  interim.  In 
violation  of  the  Davton  Accords,  Bosniak  Muslims  and  Muslims  from  Sandzak  fre- 
quently have  been  harassed  on  attempting  to  reenter  Serbia  afler  visits  to  Sarajevo 
or  the  federation. 

Government  policy  toward  refugee  and  asylum  seekers  continued  to  be  uneven. 
Refugees,  mostly  ethnic  Serbs  who  fled  Bosnia  and  Croatia,  are  often  treated  as  citi- 
zens of  Seri>ia-Montenegro  for  labor  and  military  purposes  but  are  denied  other 
rights  such  as  employment  and  travel  (see  Section  l.f.).  Refugees  were  not  allowed 
to  vote  in  the  1997  elections  in  Serbia,  although  they  did  vote  m  some  previous  elec- 
tions. The  Government  has  cooperated  with  the  U.N.  High  Commissioner  for  Refu- 
gees to  provide  help  for  the  more  than  500,000  refugees  in  Serbia-Montenegro. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  three  constitutions — Federal,  Serbian,  and  Montenegrin  Republic — provide  for 
this  right,  but  in  practice  citizens  are  prevented  from  exercising  it  by  the  Govern- 
ment's domination  of  the  mass  media  and  manipulation  of  the  electoral  process. 
Only  Montenegro's  electoral  system  has  shown  marked  improvement,  with  the  Gov- 
ernment of  Pnme  Minister  Djukanovic  holding  a  roundtable  with  the  political  oppo- 
sition, including  ethnic  minorities,  in  September  and  welcoming  observers  from  the 
OSCE  well  ahead  of  Milosevic's  grudging  invitation  to  outside  monitors  shortly  be- 
fore Serbian  presidential  and  parliamentary  elections  in  September. 

Serbian  elections  were  seriously  flawed.  In  July  the  regime  repeated  its  machina- 
tions before  1996  Federal  elections  and  gerrymandered  electoral  districts  to  smooth 
the  way  for  candidates  in  the  ruling  coalition,  expanding  the  number  of  districts  in 
Serbia  from  9  to  29.  Most  opposition  politicians  charged  that  changes  in  the  election 
law  implemented  since  the  last  election,  including  the  redrawing  of  districts,  were 
designed  specifically  to  favor  the  ruling  party.  The  redistricting  was  one  factor  that 
compelled  a  number  of  opposition  parties  to  boycott  the  elections. 

Slobodan  Milosevic  dominates  the  country's  political  system  and  is  attempting  to 
reconsolidate  institutional  power  at  the  Federal  level  as  a  result  of  his  move  to  the 
Federal  presidency.  This  precipitated  a  clash  with  authorities  in  Montenegro  who 
are  intent  on  protecting  tnat  republic's  autonomy.  Manipulating  power  within  the 
federation  based  on  the  comparative  size  of  the  Serbian  and  Montenegrin  popu- 
lations and  economies,  Milosevic  has  been  able  to  circumscribe  the  Montenegrin 
Government's  capacity  for  independent  action.  As  a  result  of  Serbia's  political  crisis 
during  the  winter  of  1996-97,  Montenegro's  then  Prime  Minister,  Milo  Djukanovic, 
began  to  take  a  steadily  more  assertive,  reformist  course.  His  victory  in  October 
presidential  elections  over  incumbent  Montenegrin  president  and  Milosevic  crony, 
Momir  Bulatovic,  threatened  Milosevic's  complete  control  over  institutions  of  power 
and  prompted  a  standoff  as  the  internationally  endorsed  results  were  not  validated. 

No  legal  restrictions  exist  on  women's  participation  in  government  and  politics, 
and  women  are  active  in  political  organizations.  However,  they  are  greatly  under- 
represented  in  party  and  government  ofTices,  holding  less  than  10  percent  of  min- 
isterial-level positions  in  the  Serbian  and  Federal  governments.  An  exception  is  the 
controversial  Mira  Markovic,  wife  of  Serbian  President  Milosevic.  She  is  the  leading 
force  in  the  neo-Communist  United  Yugoslav  Left  Party,  through  which  she  exerts 
considerable  influence  on  policymakers. 

No  legal  restrictions  affect  the  role  of  minorities  in  government  and  politics,  but 
ethnic  Serbs  and  Montenegrins  dominate  the  country's  political  leadership.  Few 
members  of  other  ethnic  groups  play  any  role  at  the  top  levels  of  government  or  the 
state-run  economy.  Ethnic  Albanians  in  Serbia's  Kosovo  province  have  refused  to 


1278 

take  part  in  the  electoral  process,  including  Serbian  elections  in  the  fall.  They  have 
virtually  no  representation. 

Ethnic  Albanians'  refusal  to  participate  in  FRY  Federal  and  Serbian  elections  has 
the  practical  effect  of  increasing  the  political  influence  of  President  Milosevic  and 
his  supporters.  Ultranationalist  parties,  which  in  the  past  were  occasional  Milosevic 
allies,  nave  also  taken  advantage  of  the  ethnic  Albanian  boycott  to  gamer  represen- 
tation beyond  their  numbers.  Ethnic  Albanians  in  Montenegro  do  participate  in  the 
political  process,  and  several  towns  in  Montenegro  have  Albanian  mayors. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Governments  of  Serbia  and  Montenegro  formally  maintain  that  they  have  no 
objection  to  international  organizations  conducting  human  rights  investigations  on 
their  territories.  It  was  the  report  of  the  OSCE  on  the  fraud  that  characterized  the 
municipal  elections  that  the  regime  cited  in  reversing  the  results  and  ultimately  rec- 
ognizing the  final  results  in  February,  some  3  months  after  the  vote.  The  Serbian 
regime  sporadically  hindered  activities  and  regularly  rejected  the  findings  of  human 
ri^ts  groups.  The  Montenegrin  Government's  record  toward  outside  investigations 
was  much  better,  with  the  Prime  Minister  taking  the  initiative  to  invite  OSCE  ob- 
servers well  in  advance  of  the  October  presidential  election  in  the  Republic. 

A  number  of  independent  human  rignts  organizations  exist  in  Serbia-MonteneOT*o, 
researching  and  gathering  information  on  abuses,  and  publicizing  such  cases.  The 
Belgrade-based  Humanitarian  Law  Center  and  Center  for  Antiwar  Action  re- 
searches human  rights  abuses  throughout  Serbia-Montenegro  and,  on  occasion,  else- 
where in  the  former  Yugoslavia.  The  Belgrade-based  Helsinki  Committee  publishes 
studies  on  human  rights  issues  and  cooperates  with  the  Pristina-based  Helsinki 
Committee  in  monitoring  human  rights  abuses  in  Kosovo.  In  Kosovo  the  Council  for 
the  Defense  of  Human  Kights  and  Freedoms  collects  and  collates  data  on  human 
rights  abuses  and  publishes  newsletters.  In  the  Sandzak  region,  two  similar  commit- 
tees monitor  abuses  against  the  local  Muslim  population  and  produce  comprehen- 
sive reports.  Most  of  these  organizations  offer  advice  and  help  to  victims  of  abuse. 

Local  human  rights  monitors  (Serbs  as  well  as  members  of  ethnic  minorities)  and 
nongovernmental  organizations  (NGO's)  worked  under  difficult  circumstances.  Seiko 
Alomerovic,  chairman  of  the  Helsinki  Committee  for  Human  Rights  in  Sandzak,  was 
formally  charged  with  libel  by  former  FRY  President  Dobrica  Cosic  and  his  advisor 
Vladimir  Matovic.  Alomerovic  had  publicly  accused  Cosic  and  Matovic  of  direct  com- 
plicity in  the  1993  Strpci  incident,  in  which  some  20  men,  including  19  Muslims, 
disappeared  (see  Section  l.f.).  Alomerovic  believes  that  the  Government,  and  Cosic, 
were  responsible  for  their  disappearance.  The  case  continued  at  year's  end. 

Overall,  however,  most  observers  say  that  the  situation  improved  in  1997,  with 
slightly  less  overt  obstruction  by  the  (jovemment  of  human  rights  NGO's.  One  prob- 
lem continues  to  be  government  foot-dragging  in  issuing  visas  to  people  coming  to 
Yugoslavia  on  human  rights  matters.  After  past  problems  obtaining  a  visa,  the  U.N. 
Special  Rapporteur  for  the  former  Yugoslavia  visited  Serbia-Montenegro,  including 
Pristina,  twice  in  1997.  During  the  year,  the  International  Committee  of  the  Red 
Cross  was  allowed  to  conduct  prison  visits  in  Kosovo,  but  its  work  was  seriously  ob- 
structed with  respect  to  visiting  the  ethnic  Albanians  charged  with  terrorist-related 
activities  who  went  on  trial  beginning  in  the  spring. 

However,  the  authorities  also  refused  numerous  approaches  by  OSCE  representa- 
tives to  allow  the  reintroduction  of  the  OSCE  long-duration  missions  into  Kosovo, 
Vojvodina,  and  Sandzak,  maintaining  that  the  FRY  must  first  be  "reinstated"  in  the 
OSCE. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

While  Federal  and  republic  laws  provide  for  equal  rights  for  all  citizens,  regard- 
less of  ethnic  group,  religion,  language,  or  social  status,  and  prohibit  discrimination 
against  women,  in  reality  the  legal  system  provides  little  protection  to  such  groups. 

Women. — The  traditionally  high  level  of  domestic  violence  persisted.  The  few  offi- 
cial agencies  dedicated  to  coping  with  family  violence  have  inadequate  resources  and 
are  limited  in  their  options  by  social  pressure  to  keep  families  together  at  all  costs. 
Few  victims  of  spousal  abuse  ever  file  complaints  with  authorities.  The  Center  for 
Autonomous  Women's  Rights  offers  a  rape  crisis  and  spousal  abuse  hot  line,  as  well 
as  sponsoring  a  number  of  self-help  groups.  The  Center  also  offered  help  to  refugee 
women,  many  of  whom  experiencea  extreme  abuse  or  rape  during  the  conflict  in  the 
former  Yugoslavia. 

Women  do  not  enjoy  status  equal  to  men  in  the  FRY,  and  relatively  few  women 
obtain  upper  level  management  positions  in  commerce. 


1279 

Traditional  patriarchal  ideas  of  gender  roles,  which  hold  that  women  should  be 
subservient  to  the  male  members  oi  their  family,  have  long  subjected  women  to  dis- 
crimination. In  some  rural  areas,  particularly  among  minority  communities,  women 
are  little  more  than  serfs  without  the  ability  to  exercise  their  right  to  control  prop- 
erty and  children.  Women  in  the  FRY,  however,  legally  are  entitled  to  equal  pay 
for  equal  work  and  are  granted  maternity  leave  for  1  year,  with  an  additions  6 
months  available.  Women  are  active  in  political  and  human  rights  organizations. 
Women's  rights  groups  continue  to  operate  with  little  or  no  official  acknowledgment. 

Children. — The  state  attempts  to  meet  the  health  and  educational  needs  of  chil- 
dren. The  educational  system  provides  8  years  of  mandatory  schooling. 

The  current  division  of  Kosovo  into  parallel  administrative  systems  has  resulted 
in  Serb  and  Albanian  Kosovar  elementary  age  children  being  taught  in  separate 
areas  of  divided  schools,  or  attending  classes  in  shifts.  Older  Albanian  Kosovar  chil- 
dren attend  school  in  private  homes.  The  quality  of  the  education  is  thus  uneven, 
and  the  tension  and  division  of  society  in  general  has  been  replicated  to  the  det- 
riment of  the  children. 

An  agreement  negotiated  under  the  auspices  of  the  Rome-based  Sant-Egidio  com- 
munity and  signed  in  1996  by  President  Milosevic  and  Dr.  Ibrahim  Rugova,  the 
leader  of  the  Democratic  League  of  Kosovo,  seeks  to  resolve  the  division  ofthe  edu- 
cational system  and  lend  impetus  to  efforts  to  normalize  the  situation  within 
Kosovo.  No  progress  was  apparent  on  implementation  of  the  accord  over  a  year 
later,  however,  prompting  a  student  protest  movement  in  Kosovo  (see  Section  2.b.). 
Intransigence  in  implementing  the  agreement  was  detected  on  both  sides. 

Economic  distress,  due  primarily  to  the  Government's  total  mismanagement,  has 
spilled  over  into  the  health  care  system,  adversely  affecting  children.  In  Kosovo  the 
health  situation  for  children  remained  particularly  poor.  Humanitarian  aid  officials 
blamed  the  high  rate  of  infant  and  childhood  mortality,  as  well  as  increasing 
epidemics  of  preventable  diseases,  primarily  on  poverty  that  led  to  malnutrition  and 
poor  hygiene  and  to  the  deterioration  of  public  sanitation.  Ethnic  minorities  in  some 
cases  fear  Serb  state-run  medical  facilities,  which  results  in  a  low  rate  of  inmiuniza- 
tion  and  a  reluctance  to  seek  timely  medical  attention.  Significant  cooperation  be- 
tween Serbian  medical  authorities  and  ethnic  Albanian-run  clinics  in  Kosovo  on  a 
polio  vaccination  campaign  represented  a  hopeful  development.  A  similar  drive  took 
place  in  Sandzak  for  Muslim  cnildren. 

There  is  no  societal  pattern  of  abuse  against  children. 

People  With  Disabilities. — Facilities  for  people  with  disabilities  are  inadequate, 
but  the  Government  has  made  some  effort  to  address  the  problem.  The  law  prohibits 
discrimination  against  persons  with  disabilities  in  employment,  education,  or  in  the 
provision  of  other  state  services.  The  law  mandates  access  to  new  official  buildings, 
and  the  Government  enforces  these  provisions  in  practice. 

Religious  Minorities. — Religion  and  ethnicity  are  so  closely  intertwined  as  to  be 
inseparable.  Serious  discrimination  against,  and  harassment  of,  religious  minorities 
continued,  especially  in  the  Kosovo  and  Sandzak  regions.  Violence  against  the 
Catholic  minority  in  Vojvodina,  largely  made  up  of  ethnic  Hungarians  and  Croats, 
has  also  been  reported. 

National / Racial/ Ethnic  Minorities. — There  were  credible  reports  that  Muslims 
and  ethnic  Albanians  continued  to  be  driven  from  their  homes  or  fired  from  their 
iobs  on  the  basis  of  religion  or  ethnicity.  Other  ethnic  minorities,  including  ethnic 
Hungarians  in  Vojvodina,  also  allege  discrimination.  In  Zemun  the  Belgrade  Hel- 
sinki Committee  office  identified  at  least  three  instances  where  the  city  government, 
under  ultranationalist  mayor  Vojislav  Seselj,  encouraged  the  illegal  eviction  of  eth- 
nic Croats  from  their  apartments,  after  which  they  were  replaced  oy  ethnic  Serb  ref- 
ugees. 

The  Romani  population  is  generally  tolerated,  and  there  is  no  official  discrimina- 
tion. Roma  have  the  right  to  vote,  and  there  are  two  small  Romani  parties.  How- 
ever, prejudice  against  Roma  is  widespread.  Skinheads  murdered  a  Roma  boy  in 
Belgrade  in  October.  Local  authorities  often  ignore  or  condone  societal  intimidation 
of  the  Roma  community. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — All  workers  except  military  and  police  personnel 
have  the  legal  right  to  join  or  form  unions.  Unions  are  either  official  (government 
affiliated)  or  independent.  The  total  labor  force  is  approximately  2.3  million.  The 
Government-controlled  Alliance  of  Independent  Labor  Unions  (Samostalnost)  claims 
1.8  million  members  but  probably  numbers  closer  to  1  million.  The  largest  independ- 
ent union  is  the  United  Branch  Independent  Labor  Unions  (Nezavisnost),  which 
numbers  157,000  members.  Most  other  independent  unions  are  sector-specific,  for 
example,  the  Independent  Union  of  Bank  Employees  (12,000  members).  Due  to  the 


1280 

poor  state  of  the  economy,  over  one-half  of  union  woricers  are  on  long-term  manda- 
tory leave  from  their  firms  pending  increases  in  production.  The  independent 
unions,  while  active  in  recruiting  new  members,  have  not  yet  reached  the  size  need- 
ed to  enable  countrywide  strikes  that  would  force  employers  to  provide  concessions 
on  workers'  rights.  The  independent  unions  also  claim  that  the  Government  has 
managed  to  prevent  effective  recruiting  through  a  number  of  tactics,  including  pre- 
venting the  busing  of  workers  to  strikes,  threatening  the  job  security  of  members, 
and  failing  to  grant  visas  to  foreign  visitors  supporting  independent  unions.  Some 
foreign  umon  organizers  managed  to  secure  visas  during  the  year  after  long  delays. 

The  largely  splintered  approach  of  the  independent  unions  left  them  little  to  show 
in  terms  of  increased  wages  or  improved  working  conditions.  The  Nezavisnost  union 
gained  new  members  as  a  result  of  its  well-organized  and  tough  bargaining  posi- 
tions during  strikes  of  teachers  and  health  workers  in  the  spring.  The  Samostalnost 
(official)  union  lost  credibility  with  some  of  its  members  because  it  ultimately  accom- 
modated the  Government  position  on  these  strikes. 

The  ability  of  unions  to  afllliate  internationally  remains  constrained. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — While  this  right  is  provided 
for  under  law,  collective  bargaining  remains  at  a  rudimentary  level  of  development. 
Individual  unions  tend  to  be  very  narrow  and  pragmatic  in  their  aims,  unable  to 
join  with  unions  in  other  sectors  to  bargain  for  common  purposes.  The  history  of 
trade  unionism  in  the  country  has  centered  not  on  bargaining  for  the  collective 
needs  of  all  workers  but  rather  for  the  specific  needs  of  a  given  group  of  workers. 
Thus,  coal  workers,  teachers,  health  workers,  and  electric  power  industry  employees 
have  been  ineffective  in  finding  common  denominators  (e.g.,  job  security  guarantees, 
minimum  safety  standards,  universal  workers'  benefits,  etc.)  on  which  to  negotiate. 
The  overall  result  is  a  highly  fragmented  labor  structure  composed  of  workers  who 
relate  to  the  needs  of  their  individual  union  but  rarely  to  those  of  other  workers. 
Additionally,  job  security  fears,  which  stem  from  the  high  rate  of  unemployment, 
limited  workers'  militancy.  The  massive  antigovemment  demonstrations  that  fol- 
lowed the  November  1996  elections  appear  to  have  helped  embolden  workers  to 
stand  lip  to  the  Government  in  strike  situations. 

The  Government  is  still  seeking  to  develop  free  trade  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  labor,  including  that  per- 
formed by  children,  is  prohibited  by  law  and  is  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  mini- 
mum age  for  employment  is  16  years,  although  in  villages  and  farming  communities 
it  is  not  unusual  to  find  younger  children  at  work  assisting  their  families.  With  an 
actual  unemployment  rate  (registered  unemployed  plus  redundant  workers  who 
show  up  at  the  workplace  but  perform  only  minimal  work)  in  excess  of  60  percent, 
real  employment  opportunities  for  children  are  nonexistent.  Forced  and  bonded 
labor  by  children  is  prohibited  by  law  and  is  not  known  to  occur  (see  Section  6.c). 
Children  can,  however,  be  found  in  a  variety  of  unofficial  "retail"  jobs,  typically 
washing  car  windows  or  selling  small  items  such  as  cigarettes. 

e.  Acceptable  Conditions  of  Work. — Large  government  enterprises,  including  all 
the  major  banks,  industrial,  and  trading  companies  generally  observe  minimum 
wage  standards.  The  current  monthly  minimum  wage  is  approximately  $42  to  $84 
(250  to  500  Din).  This  figure,  however,  is  rou^ly  comparable  to  unemployment  ben- 
efits and  (at  least  theoretically)  is  paid  to  workers  who  have  been  placed  in  a  man- 
datory leave  status.  The  actual  minimum  wage  is  at  the  low  end  of  the  range  of 
average  net  salaries,  $92  to  $108  (600  to  700  Din).  The  minimum  wage  is  insuffi- 
cient to  meet  basic  needs.  The  cost  of  food  and  utilities  alone  for  a  family  of  four 
is  estimated  to  be  $231  (1,500  Din)  per  month.  Private  enterprises  use  the  minimum 
wages  as  a  guide  but  tend  to  pay  somewhat  higher  average  wages. 

Rieports  oi  sweatshops  operating  in  the  country  are  rare,  although  some  privately- 
owned  textile  factories  operate  in  very  poor  cond.itions.  The  official  workweek,  listed 
as  40  hours,  had  little  meaning  in  an  economy  with  massive  underemployment  and 
unemployment.  Neither  employers  nor  employees  tended  to  give  high  priority  to  en- 
forcement of  established  occupational  safety  and  health  reflations,  focusing  their 
efforts  instead  on  economic  survival.  In  light  of  the  competition  for  employment,  and 
the  high  degree  of  government  control  over  the  economy,  workers  are  not  free  to 
leave  hazardous  worK  situations  without  risking  loss  of  employment. 


SLOVAK  REPUBLIC 

The  Slovak  Republic  became  an  independent  state  in  1993,  following  the  dissolu- 
tion of  the  Czech  and  Slovak  Federal  Republic  (CSFR).  Its  Constitution  provides  for 


1281 

a  multiparty,  multiethnic  parliamentary  democracy,  including  separation  of  powers 
and  an  independent  judiciary.  Slovakia  chose  to  carry  over  the  entire  body  of  CSFR 
domestic  legislation  and  international  treaty  obligations,  which  gradually  are  being 
renewed  or  updated.  The  Constitution  provides  lor  an  independent  judiciary;  how- 
ever, some  critics  allege  that  the  Ministry  of  Justice's  logistical  and  personnel  au- 
thority allows  it  to  exert  some  influence  on  the  judicial  system. 

TTie  national  police,  which  fall  under  the  jurisdiction  of  the  Ministry  of  Interior, 
are  the  primary  law  enforcement  agency.  In  addition  to  domestic  law  enforcement, 
they  also  have  responsibility  for  border  security.  The  Slovak  Information  Service 
(SIS),  an  independent  organization  reporting  directly  to  the  Prime  Minister,  is  re- 
sponsible for  all  civilian  security  and  intelligence  activities.  A  six-member  par- 
liamentary commission,  which  includes  no  meaningful  opposition  participation,  over- 
sees the  SIS.  Civilian  authorities  maintain  effective  control  of  the  security  forces. 
Police  have  committed  some  human  rights  abuses. 

Slovakia  made  continued  progress  in  the  difiicult  transition  from  a  command- 
based  to  a  market-based  economy,  with  more  than  85  percent  of  gross  domestic 
product  (GDP)  now  generated  by  the  private  sector.  GDP  growth  continued  to  be 
strong  at  6  percent,  and  inflation  rose  to  just  over  6  percent.  Real  GDP  per  capita 
is  approximately  $2,800,  providing  most  of  the  population  with  an  adequate  stand- 
ard of  living.  Unemployment  was  nigh  at  13  percent,  with  some  areas  of  the  country 
reaching  over  25  percent.  A  disproportionate  number  of  unemployed  are  Roma,  who 
face  exceptional  difficulties  in  finding  and  holding  jobs  partly  as  a  result  of  discrimi- 
nation. Tne  economy  is  industrially  based,  with  only  7  percent  of  GDP  derived  from 
agricultural  production.  Major  exports  are  iron  and  steel,  machinery  and  transport 
equipment,  audio  and  video  equipment,  plastic  materials,  chemicals  and  fuels, 
paper,  and  paper  products. 

While  the  Government  generally  respected  most  of  the  human  rights  of  its  citi- 
zens, disturbing  trends  away  from  democratic  principles  continued,  reflecting  an  in- 
tolerance for  opposition  views  and  a  recentralization  of  state  authority.  Most  nota- 
bly, the  Government,  contrary  to  decisions  of  the  Constitutional  Court,  refused  to 
permit  a  referendum  question  on  the  direct  election  of  the  President  to  be  printed 
on  the  ballot  distributed  to  voters,  and  the  Parliament  refused  to  reinstate  ousted 
Deputy  Frantisek  Gaulieder.  Human  rights  monitors  continued  to  report  incidents 
of  police  brutality  against  Roma,  although  fewer  than  in  1996.  There  were  credible 
allegations  that  the  SIS  conducted  surveillance  of  some  political  figures,  journalists, 
and  their  spouses. 

There  were  also  increasing  credible  allegations  of  politically  motivated  dismissals 
of  public  officials,  intimidation  of  opponents  of  government  policy,  and  interference 
witn  the  electronic  media.  An  atmosphere  of  intimidation  led  some  journalists  to 
practice  self-censorship.  The  Government's  failure  to  investigate  seriously  the  1995 
abduction  and  assault  of  the  president's  son,  the  Gaulieder  case,  and  referendum 
fiasco  undermine  the  Government's  commitment  to  the  rule  of  law.  Discrimination 
and  violence  against  women  remain  serious  problems.  A  new  law  on  universities 
threatened  the  independence  of  higher  education.  Roma  faced  societal  discrimina- 
tion, and  the  police  often  failed  to  provide  adequate  protection  or  follow-up  against 
attacks  on  Roma  by  skinheads.  Some  anti-Semitic  incidents  occurred,  and  there  was 
some  discrimination  against  the  Hungarian  minority. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

However,  press  speculation  that  elements  of  the  security  services  were  involved 
in  the  1996  death  of  Robert  Remias  was  widespread.  Remias  was  a  friend  and 
intermediary  of  Oskar  Fegyveres  (a  former  member  of  the  SIS  and  a  self-proclaimed 
witness  to  the  kidnaping  of  the  President's  son  in  August  1995 — see  Section  I.e.). 
Remias  died  when  his  car  exploded  on  April  29,  1996,  in  Bratislava.  The  investiga- 
tion into  his  death  has  foundered  for  nearly  2  years  and  remained  dormant  at  year's 
end;  no  suspects  have  been  identified. 

Skinhead  violence  against  Roma  led  to  one  death  (see  Section  5). 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  such  practices.  However,  security  forces  do  not  always 
respect  these  prohibitions. 

Human  rights  monitors  reported  cases  of  police  brutality  against  Roma  and  some 
African  students.  More  oft^n  the  police  are  accused  of  tolerating  violence  against 
Roma  by  not  halting  or  investigating  attacks  against  Roma.  For  example.  Human 


1282 

rights  monitors  charge  that  police  appear  reluctant  to  take  the  testimony  of  wit- 
nesses to  skinhead  attacks  on  Roma.  Further,  they  reported  that  police  used  the  de- 
vice of  countercharges  to  pressure  Roma  victims  of  police  brutality  to  drop  their 
complaints,  that  medical  doctors  and  investigators  cooperated  with  police  by  refus- 
ing to  describe  accurately  the  injuries  involved,  and  that  lawyers  often  were  reluc- 
tant to  represent  Roma  in  such  situations,  for  fear  this  would  nave  a  negative  effect 
on  their  practice.  In  1996  the  Banska  Bystrica  police  chief,  in  reaction  to  a  com- 
plaint by  a  nongovernmental  organization  (NGO),  admitted  police  errors  in 
Prievidza  and  promised  disciplinary  action  against  the  officers  involved.  No  known 
action  was  taken  in  the  case  during  the  year. 

The  1995  case  of  the  violent  abduction  of  the  President's  son  Michael  Kovac  Jr., 
to  Austria,  during  which  he  was  tortured,  remained  unsolved.  SIS  personnel  are  al- 
leged to  be  implicated.  The  SIS  refused  to  permit  its  personnel  to  be  questioned  and 
has  accused  police  investigators  of  wrongdoing.  One  lead  police  investigator  resigned 
under  pressure;  another  was  removed  from  the  case,  as  was  their  supervisor.  The 
Government  did  not  vigorously  investigate  the  kidnaping  case  during  the  year,  and 
the  third  investigator  closed  the  case  due  to  "insufficient  evidence,"  noting  that  the 
incident  may  have  been  staged  to  embarrass  the  Government. 

Prison  conditions  meet  minimum  international  standards,  and  the  Government 
permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention,  and  the  Government  observes  this  prohibition. 

A  person  accused  or  suspected  of  a  crime  must  be  given  a  hearing  within  24  hours 
and  either  set  free  or  returned  to  custody  by  a  remand  of  the  court.  During  this 
time,  the  detainee  has  the  right  to  an  attorney.  If  remanded  by  a  court,  the  accused 
is  entitled  to  a  hearing  within  24  hours  at  which  the  judge  either  sets  the  accused 
free  or  issues  a  substantive  written  order  placing  the  accused  in  custody.  Investiga- 
tive detention  may  last  up  to  2  months  and  may  be  extended.  The  total  length  of 
pretrial  detention  may  not  exceed  1  year,  unless  the  Supreme  Court  extends  it,  after 
determining  that  the  person  constitutes  a  serious  danger  to  society.  Pretrial  detain- 
ees constituted  roughly  25  percent  of  the  total  prison  population,  and  the  average 
pretrial  detention  period  was  7.2  months.  The  law  allows  family  visits  and  provides 
for  a  court-paid  attorney  if  needed.  A  system  of  bail  exists.  Noncitizens  may  be  de- 
tained for  up  to  30  days  for  the  purposes  of  identification. 

The  Constitution  prohibits  exile,  and  the  Government  observes  this  prohibition. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  courts  that  are  inde- 
pendent, impartial,  and  separate  from  the  other  branches  of  government.  Some  crit- 
ics allege,  however,  that  the  dependence  of  judges  upon  the  Ministry  of  Justice  for 
logistical  support  and  other  services  undermines  their  independent  status.  The  Min- 
istry of  Justice  also  can  remove  presidents  and  vice  presidents  of  the  courts  for  any 
reason,  although  they  remain  judges;  it  has  done  so. 

The  court  system  consists  of  local  and  regional  courts  with  the  Supreme  Court  as 
the  hi^est  court  of  appeal  except  for  constitutional  questions,  which  are  considered 
by  a  separate  Constitutional  Court.  In  addition,  there  is  a  separate  military  court 
system,  the  decisions  of  which  may  be  appealed  to  the  Supreme  Court  and  the  Con- 
stitutional Court.  Under  the  Constitution,  the  President  appoints  and  removes  Con- 
stitutional Court  judges  to  7-year  terms  based  upon  parliamentary  nominations. 
Parliament  elects  other  judges,  based  on  recommendations  from  the  Ministry  of  Jus- 
tice, and  can  remove  them  lor  misconduct. 

The  Constitution  provides  that  judicial  candidates  are  initially  appointed  by  the 
ParHament  for  a  4-year  term.  At  the  end  of  that  term,  their  names  are  to  be  submit- 
ted to  Parliament  and,  if  candidates  have  successfully  completed  the  terms  of  proba- 
tion, they  are  appointed  to  the  bench  for  life.  When  the  Government  submitted  to 
the  Parliament  the  names  of  candidates  for  lifetime  appointments,  it  omitted  from 
the  list  12  candidates.  Through  some  of  their  decisions,  these  12  apparently  had  dis- 
pleased the  Government.  This  action  led  to  severe  public  criticism.  The  media  began 
a  petition  drive,  and  a  majority  of  sitting  judges  signed  the  petition.  Giving  in  to 
the  pressure,  the  Government  reversed  its  position  and  submitted  the  names  of  the 
12  to  Parliament.  They  were  subjected  to  the  usual  review  process  and  were  duly 
elected  to  lifetime  terms. 

Persons  charged  with  criminal  offenses  are  entitled  to  fair  and  open  public  trials. 
They  have  the  right  to  be  informed  of  the  charges  against  them  and  of  their  legal 
rights,  to  retain  and  consult  with  counsel  sufficiently  in  advance  to  prepare  a  de- 
fense, and  to  confront  witnesses.  Defendants  enjoy  a  presumption  of  innocence  and 
have  the  right  to  refuse  to  testify  against  themselves.  They  may  appeal  any  judg- 
ment against  them. 

There  were  no  reports  of  political  prisoners. 


1283 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Criminal  Code  requires  police  to  obtain  a  judicial  search  warrant  in  order  to  enter 
a  home.  The  court  may  issue  such  a  warrant  only  if  there  is  a  well-founded  sus- 
picion that  important  evidence  or  persons  accused  of  criminal  activity  are  present 
inside  or  if  there  is  some  other  important  reason.  Police  must  present  the  warrant 
before  conducting  the  house  search  or  within  24  hours  after  the  search. 

The  1993  police  law  regulates  wiretapping  and  mail  surveillance  for  the  purposes 
of  criminal  investigation,  which  may  be  conducted,  on  the  order  of  a  judge  or  pros- 
ecutor, only  in  cases  of  extraordinarily  serious  premeditated  crimes  or  crimes  involv- 
ing international  treaty  obligations.  It  has  never  been  determined  who  was  respon- 
sible for  two  highly  publicized  taped  interceptions  of  ministerial-level  phone  con- 
versations from  1996.  Credible  allegations  emerged  that  the  SIS  conducted  routine 
surveillance  of  some  political  figures  and  their  spouses.  Radio  Free  Europe  (RFE) 
representatives  alleged  that  SIS  agents  followed  KFE  reporters  who  were  working 
on  sensitive  stories.  Other  journalists  also  allege  they  are  being  surveilled  and  that 
their  telephones  are  tapped. 

In  1995  police  with  a  legal  warrant  searched  the  diocesean  headquarters  of  Bish- 
op Rudolf  Balaz,  chairman  of  the  Conference  of  Bishops.  The  search  occurred  soon 
after  Balaz  had  led  the  conference  in  a  statement  of  support  for  President  Michal 
Kovac,  who  has  been  the  target  of  criticism  by  the  government  coalition.  Police  said 
that  Balaz  was  involved  in  the  illegal  sale  of  art  works  listed  in  the  register  of  na- 
tional treasures.  Denying  this,  Balaz's  office  director  stated  that  the  Government 
was  intent  on  discrediting  Balaz  and  that  police  had  searched  areas  clearly  incon- 
sistent with  their  alleged  mission.  The  charges  were  dropped  in  1996  after  a  news- 
{>aper  alleged  SIS  involvement  in  the  case.  A  senior  church  official  said  that  the  po- 
ice  had  not  returned  either  the  artwork  or  the  money  that  had  been  seized.  There 
were  no  developments  in  the  case  during  the  year. 

There  were  reports  that  some  public  service  employees  were  pressured  to  join  gov- 
ernment coalition  parties;  the  workers  feared  loss  of  their  jobs  otherwise  (see  Sec- 
tion 6. a.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  generally  respects  this  right  in  practice.  How- 
ever, the  law  and  a  climate  of  increasing  intimiaation  leads  some  journalists  to 
practice  self-censorship. 

Although  the  largest  press  distribution  company  is  mainly  state  owned,  private 
distribution  companies  exist.  The  print  media  are  free  and  uncensored,  although 
some  journalists  and  media  outlets  report  that  they  exercise  self-censorship  out  of 
fear  for  personal  safety  or  economic  repercussions.  Newspapers  and  magazines  regu- 
larly publish  a  wide  range  of  opinions  and  news  articles.  The  poHticization  of  state- 
owned  broadcast  media,  however,  remains  a  significant  problem. 

Individuals  continued  to  report  attempts  at  intimidation  that  make  them  reluc- 
tant to  criticize  the  Government  openly  without  fear  of  some  form  of  reprisal.  Sev- 
eral cases  highlight  this  trend.  On  March  15  during  an  HZDS  (ruling  party)  rally 
in  Bratislava  the  crowd  attacked  several  journalists  and  damaged  their  equipment. 
The  attacks  included  pushes  and  shoves,  verbal  abuse,  and  destruction  of  equip- 
ment. 

In  April  the  offices  of  the  Center  for  Independent  Journalism  (CIJ),  a  private 
foundation  that  supports  the  growth  of  independent  media,  were  burglarized.  In  a 
room  full  of  computers,  only  one  was  taken.  That  one  contained  a  sensitive  list  of 
affiliated  journalists  and  a  year's  worth  of  e-mail  communications  between  the  CIJ 
and  its  New  York  headquarters.  The  stolen  server  was  valued  at  $1,000  to  $1,300 
(Sk  30,000  to  40,000)  while  other,  more  expensive  equipment  was  left  untouched. 
Police  investigated,  but  had  made  no  arrests  by  year's  end. 

On  June  7,  the  ofTices  of  the  private  press  agency  SITA  were  burglarized.  The 
items  taken  included  29  of  32  personal  computers  and  3  notebook  computers.  SITA 
was  scheduled  to  begin  official  operations  on  June  15.  While  the  agency's  director 
refused  to  speculate  on  a  motive  for  the  robbery,  some  observers  suspected  a  politi- 
cal motive.  Investigators  officially  shelved  the  case  for  lack  of  evidence. 

A  series  of  threatened  and  actual  defamation  suits  by  politicians  against  journal- 
ists continued.  Since  losing  a  case  could  cause  financial  difficulties  lor  most  news- 
papers, the  threat  of  a  lawsuit  is  one  method  to  intimidate  journalists.  On  October 
22  the  progovemment  daily  Slovenska  Republika  reported  that  a  district  court  judge 
had  ordered  the  opposition  daily  SME  to  cease  publishing  articles  linking  SIS  mem- 
bers with  criminal  acts  unless  they  were  found  guilty  in  court.  The  SIS  had  filed 
suit  seeking  protection  against  alleged  libel  by  SME  resulting  from  a  car  bomb  inci- 
dent in  which  the  SME  reported  tnat  an  SIS  employee  was  killed  while  handling 


1284 

a  bomb  at  his  home.  The  SME  concedes  that  it  misreported  the  individual's  first 
name  and  age. 

On  September  19,  SME  assistant  editor  Peter  Toth's  car  was  torched  in  Bratislava 
within  50  feet  of  his  ground  floor  apartment  where  his  family  was  sleeping.  Toth 
was  traveling  outside  Slovakia  at  the  time.  A  week  later,  a  fire  was  set  in  a  dump- 
ster  outside  Toth's  apartment.  Toth  has  aggressively  pursued  and  uncovered  infor- 
mation on  the  case  of  the  1995  kidnaping  of  President  Kovac's  son  and  the  related 
1996  car  bomb  murder  of  source  Robert  Kemias.  On  September  22,  the  SME  offices 
received  a  bomb  threat,  one  of  many  such  warnings.  The  building  was  evacuated 
but  police  did  not  find  an  explosive  device.  On  November  14,  the  police  informed 
Toth  that  the  investigation  of  the  arson  attack  was  closed  for  lack  of  evidence. 

October  13  the  government-owned  telecommunications  company  ST  shut  down  for 
25  hours  the  leased  Bratislava  transmitter  of  private  opposition-oriented  Radio 
Twist,  ostensibly  for  nonpayment  of  bills  for  the  use  of  the  transmitter  in 
Bratislava.  The  station  owns  its  other  transmitters  elsewhere  in  the  country.  Twist 
director  Andrej  Hryc  acknowledged  that  his  most  recent  payment  of  $5,000  was  13 
days  late  but  said  that  it  had  been  paid  before  the  shutdown,  which  came  with  no 
warning.  Two  other  private  radio  stations  also  were  shut  down.  The  two  largest 
debtors  are  state-controlled  Slovak  TV  and  Radio  with  debts  of  $7.6  million  and  $7 
million  respectively.  In  an  October  press  conference,  a  radio  and  television  broad- 
casting council  representative  reported  that  a  transmitter  of  Slovak  Radio  was  once 
temporarily  shut  down  for  late  payment  of  debt.  On  November  27,  the  ST  cut  power 
to  Twist's  central  Slovakia  transmitter,  forcing  the  station  to  use  a  gasoline  genera- 
tor for  1  week.  After  Twist  director  Andrej  Hryc  persuaded  the  electric  company  to 
switch  his  station's  power  back  on,  ST  staff  members  physically  cut  the  cable  that 
crossed  ST  property  to  the  transmitter,  forcing  Twist  to  use  the  generator  again.  On 
December  4,  Hryc  confirmed  that  the  electric  company  had  succeeded  in  rerouting 
the  power  cable  so  that  ST  no  longer  had  access  to  it,  and  full  power  was  restored. 

Investigative  weekly  Plus  7  Dni  journalist  Dasa  Mateicikova  reported  harassment 
since  her  decision  to  write  an  article  about  a  wealthy  HZDS  member  with  alleged 
underworld  ties.  Matejcikova's  mother,  living  in  the  village  of  Orava,  received  a  tele- 
phone death  threat.  Shortly  after  she  tried  to  interview  the  subject  of  her  article, 
Matejcikova  said  that  his  associates  told  her  that  if  she  went  ahead  with  the  article 
they  would  start  a  media  campaign  against  her,  accusing  her  of  attempting  to  bribe 
person  by  asking  him  for  $3,000  (Sk  100,000)  to  prevent  publication  of  the  article. 
When  she  persisted,  she  said  that  she  was  offered  a  bribe  not  to  continue,  but  de- 
clined it.  VTV  Television  (partly  owned  by  the  subject)  called  her  editors  and 
claimed  she  had  asked  them  for  $3,000  (Sk  100,000).  Her  editors  said  that  they  do 
not  believe  the  charges  and  fully  support  Matejcikova.  When  trying  to  get  police  pro- 
tection, she  said  that  she  was  told  that  she  could  not  receive  protection  unless  she 
were  actually  attacked  and  that  protection  would  require  Ministry  of  Interior  ap- 
proval, which  would  take  a  month.  On  September  25  the  article  was  published.  On 
the  same  day  Matejcikova  was  sued  by  the  subject  of  her  story  for  bribery.  The  pho- 
tographer who  accompanied  her  throughout  her  investigation  reportedly  told  au- 
thorities he  remembers  nothing  about  their  meetings  with  the  man  s  associates. 

Citing  low  journalistic  standards.  Prime  Minister  Vladimir  Meciar  decided  in  De- 
cember to  abolish  weekly  government  press  conferences.  The  decision  was  made  in 
reaction  to  press  questions  regarding  Meciar's  new  unofficial  advisor  Blazena 
Martinkova  and  an  alleged  secret  trip  to  Moscow.  In  a  letter  addressed  to  cabinet 
members  and  other  public  officials,  Meciar  prohibited  them  from  giving  information 
to  certain  media  outlets.  Hew  rote  that  "Radio  Twist,  Markiza  Television,  and  dai- 
lies Novy  Cas,  SME,  and  PRACA  have  continuously  published  lies  about  the  Slovak 
Government  and  its  members."  The  cabinet  press  office  announced  that  it  would 
provide  information  only  to  government  media,  not  the  independent  media. 

A  Radio  Free  Europe  (RFE)  manager  reported  government  efforts  to  intimidate 
and  interfere  with  the  station.  SIS  director  Ivan  Lexa,  in  his  annual  report  to  Par- 
liament, called  RFE  an  enemy  of  the  Slovak  state.  RFE  states  that  access  to  govern- 
ment information  and  ofTicials  is  difficult  for  its  representatives.  During  the  year, 
RFE  detected  three  attempted  break-ins  of  its  premises,  most  recently  in  August. 
Police  were  not  called  because  regulations  require  that  police  may  be  called  only 
after  "successful  break-ins."  RFE  journalists  reporting  on  politically  sensitive  cases, 
such  as  the  Gaulieder  case,  allege  that  their  phones  are  tapped  and  that  they  are 
followed. 

The  1995  state  language  law  bans  the  use  of  foreign  languages  in  the  media  and 
requires  the  use  of  SlovaJc  in  all  official  government  business.  Broadcasting  in  mi- 
nority languages  continues,  but  several  radio  stations  canceled  English-language 
programimng  in  order  to  comply  with  the  law  in  1996.  The  law  remains  unchanged. 


1285 

Radio  and  television  broadcasting  are  supervised  by  three  boards  appointed  by 
majority  vote  of  Parliament.  The  Slovak  Television  Council  and  the  Slovak  Radio 
Council  establish  broadcasting  policy  for  state-owned  television  and  radio.  The  Slo- 
vak Radio  and  Television  Council  issues  broadcast  licenses  and  administers  adver- 
tising laws  and  some  other  regulations.  The  Radio  and  Television  Council  has  made 
signiiicant  progress  in  fostering  the  spread  of  private  broadcasting,  for  which  it  has 
issued  26  radio  and  980  television  and  cable  television  licenses.  A  private  company, 
Markiza  Television,  with  a  signal  covering  two-thirds  of  the  country,  is  the  most 
watched  station. 

In  1996  Parliament  passed  a  law  to  privatize  the  second  channel  of  Slovak  Tele- 
vision (STV  2).  On  June  6,  the  Slovak  Republic  Council  for  Radio  and  Television 
Broadcasting  (RRTV)  announced  that  the  private  Slovak  television  company  Pro  TV, 
reportedly  close  to  government  circles,  won  the  license  to  broadcast  on  the  frequency 
vacated  by  Slovak  Television's  second  channel  when  it  moved  to  satellite  broadcast. 
The  RRTV  claimed  that  it  gave  preference  to  offers  with  Slovak  capital,  but  press 
reports  questioned  the  capital  backing  of  Pro  TV  as  well  as  its  apparent  ties  to  gov- 
ernment supporters.  An  amendment  halting  the  privatization  was  demanded  by  the 
opposition  Party  of  the  Democratic  Left  (SDL).  President  Kovac  returned  the  privat- 
ization bill  to  Parliament  in  July,  and  on  July  10  it  voted  to  halt  privatization.  On 
October  10,  Parliament  again  rejected  an  attempt  to  privatize  STV  2. 

The  state-owned  electronic  media  continued  to  be  highly  politicized.  Critics 
charged  that  STV  avoids  controversial  topics  and  provides  almost  no  time  for  opposi- 
tion views  or  reporting  the  activities  of  the  President. 

Money  allocated  to  minority  groups  for  the  publication  of  minority-language  news- 
papers has  in  some  cases  been  eliminated.  At  the  same  time,  the  Government  re- 
portedly has  given  the  Salus  Publishing  Company,  with  owners  tied  to  the  HZDS, 
$270,000  (Sk  9  million)  to  publish  bimonthly  minority-language  supplements  in  the 
progovemment  dally  newspaper  Slovenska  Republika.  Of  the  total,  less  than 
$120,000  (Sk  4  million)  was  reportedly  used  for  this  purpose. 

The  law  provides  for  academic  freedom,  which  is  generally  respected.  However, 
critics  of  the  1996  amendment  to  the  law  on  universities  claim  that  it  restricts  the 
autonomy  of  the  university  by  giving  the  Government  increased  control  over  the  ad- 
ministration and  funding  of  institutions  of  higher  learning.  In  1997  the  Government 
established  new  universities  in  four  cities  where  universities  already  existed,  mean- 
while cutting  the  budgets  of  the  older  universities.  Critics  believe  that  the  Govern- 
ment is  trying  to  close  universities  that  it  considers  are  not  progovemment  by  di- 
verting budgetary  funds  to  the  new  universities.  For  example,  the  yearly  budget  for 
the  existing  university  in  Tmava  is  $1.35  million  (Sk  45  million)  while  the  new 
"Christian"  university  in  Trnava  is  to  receive  $1.8  million  (Sk  60  million).  Faculty 
at  Tmava  believe  that  the  government  strategy  is  to  attract  teachers  and  students 
to  the  new  university  thereby  weakening  the  existing  one. 

b.  Freedom,  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religious  belief 
and  faith,  and  the  Government  respects  this  provision  in  practice.  Under  existing 
law,  only  registered  churches  and  religious  organizations  have  the  explicit  right  to 
conduct  public  worship  services  and  other  activities,  although  no  specific  religious 
or  practices  are  banned  or  discouraged  by  the  authorities.  The  State  provides  finan- 
cial subsidies  only  to  registered  churches  and  religious  organizations,  of  which  there 
are  15. 

d.  Freedom  of  Movement  within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  re- 
spects them  in  practice. 

The  Government  cooperates  with  the  U.N.  High  Commissioner  for  Refugees 
(UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees.  The  (jovem- 
ment  provides  first  asylum  and  provided  it  to  645  persons  in  1997.  Of  these  and 
prior  year  cases,  8  were  granted  citizenship,  65  were  accepted  as  refugees,  84  claims 
were  rejected,  539  persons  terminated  their  cases,  and  the  remainder  (69)  are  pend- 
ing. There  were  no  reports  of  forced  expulsion  of  those  having  a  valid  claim  to  refu- 
gee status;  however,  some  refugee  claimants  said  that  they  had  difficulty  in  gaining 
access  to  initial  processing. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
Citizens  have  the  constitutional  right  to  change  their  government  throu^  the 
periodic  free  election  of  their  national  representatives.  Citizens  over  the  age  of  18 
are  eligible  to  vote,  and  voting  is  by  secret  ballot.  The  Constitution  reserves  certain 
powers  to  the  President  as  Chief  of  State  (elected  by  the  Parliament),  but  executive 


1286 

power  rests  with  the  Government.  Legislative  power  is  vested  in  the  National  Coun- 
cil of  the  Slovak  Republic  (Parliament). 

The  last  national  elections  were  held  in  October  1994,  with  the  then-opposition 
party  HZDS  obtaining  35  percent  of  the  vote  and  an  invitation  to  form  the  Govern- 
ment. The  elections  were  deemed  free  and  fair. 

A  number  of  actions  consolidated  the  Government's  power  in  a  manner,  which, 
taken  as  a  whole,  gave  rise  to  continued  concern  over  the  future  course  of  pluralism, 
the  separation  of  powers,  and  democratic  development  overall.  In  December  1996, 
in  a  virtual  party  line  vote,  deputies  ousted  M.P.  Frantisek  Gaulieder  from  Par- 
liament against  his  will  because  he  had  earlier  resigned  his  membership  in  the  rul- 
ing HZDS  party.  A  bomb  exploded  at  his  residence  2  days  later  (see  Section  l.a.). 
In  July  the  Constitutional  Court  ruled  that  Gaulieder's  ouster  was  unconstitutional 
but  left  the  formal  remedy  up  to  Parliament,  saying  that  the  Court  could  not  change 
a  parliamentary  resolution.  Court  judges  said  that  if  Parliament  does  not  return 
Gaulieder's  mandate,  it  would  remain  in  violation  of  the  Constitution.  In  September, 
in  direct  contradiction  of  the  July  Constitutional  Court  ruling,  the  Parliament,  again 
on  a  near  party  line  vote,  refused  to  reinstate  Gaulieder. 

In  a  May  referendum.  Interior  Minister  Gustav  Krajci  ordered  removed  from  the 
ballot  a  question  regarding  the  direct  election  of  the  President.  The  question  had 
been  proposed  by  an  opposition-led  citizen  petition  drive  and  combined  by  President 
Kovac  with  three  other  parliament-approved  referendum  questions  on  NATO  mem- 
bership to  save  money  and  increase  the  percentage  of  participation  in  the  referen- 
dum. The  Prime  Minister  was  against  the  opposition-inspired  question,  calling  it  un- 
constitutional. Shortly  before  the  referendum,  the  Cabinet  referred  the  question  to 
the  Constitutional  Court,  which  decided  that  the  question  was  valid,  but  that  the 
draft  legislation  attached  to  it  could  not  automatically  become  law.  Nevertheless, 
the  Cabinet  directed  Krajci  not  to  distribute  the  question  and  Krajci  complied.  In 
the  confusion  over  the  conduct  of  the  referendum,  which  was  boycotted,  less  than 
10  percent  of  the  electorate  voted,  and  the  central  referendum  commission  declared 
the  entire  process  void.  In  September  Krajci  was  taken  to  court  over  his  action,  but 
the  supervisor  of  the  prosecutor  who  brought  the  charges  decided  to  stop  the  pros- 
ecution and  investigation  for  lack  of  evidence. 

In  the  absence  of  a  civil  service  law,  the  Government  continued  topressure  or  re- 
place national  and  local  government  officials  with  its  supporters.  The  1996  Terri- 
torial Administration  Law  that  provided  for  the  redistricting  of  regional  and  local 
governments  created  additional  layers  of  government.  These  controlled  national  edu- 
cational and  health  purse  strings  and  were  accused  of  being  used  in  a  political  fash- 
ion to  fiind  infrastructure  projects  in  cities  with  government  coalition-afiiliated  may- 
ors. Further  legislation  expected  to  clarify  the  relationship  between  appointed  heads 
of  the  newly  created  regions  and  counties  and  elected  mayors  was  not  completed  by 
year's  end.  Ethnic  Hungarian  and  other  opposition  politicians  accused  the  (jovern- 
ment  of  gerrymandering  and  excessive  patronage,  since  the  Government  continued 
to  appoint  coalition  party  members  to  positions  associated  with  this  law.  In  its  han- 
dling of  the  privatization  of  large  state  enterprises,  the  National  Property  Fund, 
nominally  independent  of  the  CJovernment,  appeared  to  favor  primarily  supporters 
of  the  ruling  coalition. 

Women  are  underrepresented  in  Government.  They  hold  3  of  15  portfolios:  labor/ 
social  affairs  and  education.  One  of  three  Deputy  Prime  Ministers  is  a  woman. 
Women  hold  21  seats  in  the  150-member  Parliament. 

The  large  ethnic  Hungarian  minority,  whose  coalition  gained  17  seats  in  Par- 
liament in  the  1994  elections,  is  well  represented  in  Parliament  and  in  local  govern- 
ment but  not  in  the  central  government.  Roma  are  not  represented  in  Parliament 
and  hold  no  senior  government  positions. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  number  of  human  rights  groups  operate  without  government  restriction,  inves- 
tigating and  publishing  their  findings  on  human  rights  cases.  A  1996  law  requiring 
NXjO's  and  foundations  to  reregister  and,  in  the  case  of  foundations,  have  certain 
financial  resources  in  order  to  operate  has  eliminated  some  foundations,  primarily 
dormant  groups.  No  organization,  however,  had  been  denied  registration  nor  faced 
any  other  major  problem  in  continuing  to  operate.  The  impact  of  another  law  setting 
limits  on  allowable  administrative  expenses  is  not  yet  known.  In  May  and  July  Par- 
liament passed  two  laws  governing  the  registration  and  operation  of  NGO's  as  an 
alternative  to  registering  under  the  foundations  law.  These  are  the  laws  on  non- 
investment  funds  and  nonprofit  public  benefit  organizations.  Neither  alternative 
was  widely  used  by  NGO's  to  register  by  year's  end. 


1287 

Section  5.  Discrimination  Based  on  Race.  Sex.  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  and  the  law  prohibit  discrimination  and  provides  for  the  equality 
of  all  citizens.  However,  enforcement  is  uneven,  with  different  minority  groups  re- 
porting that  their  members  often  receive  no  government  assistance  with  complaints 
about  discrimination.  Health  care,  education,  retirement  benefits,  and  other  social 
services  are  provided  regardless  of  race,  sex,  religion,  disability,  language,  or  social 
status. 

Women. — Violence,  particularly  sexual  violence  against  women,  remains  a  serious 
and  underreported  problem.  Experts  say  that  in  1993,  the  latest  year  studied,  there 
were  47,000  reported  acts  of  violence  or  intolerance  against  women  (violence  is  de- 
fined as  physical,  sexual,  emotional,  or  economic).  Physical  and  sexual  violence  ac- 
count for  almost  half  of  all  reported  cases.  These  experts  conclude  that  most  of  the 
estimated  23,000  unreported  cases  involve  sexual  violence.  They  note  that  although 

f>olice  (in  1993)  reported  a  19  percent  drop  in  officially  reported  cases  of  sexual  vio- 
ence,  psychological  counseling  centers  registered  a  60  percent  increase  in  such 
cases.  Police  estimate  that  two-thirds  of  female  rape  victims  fail  to  report  their 
cases.  Police  treat  spousal  abuse,  child  abuse,  and  other  violence  against  women  in 
the  same  way  as  other  criminal  offenses:  Sections  in  the  Criminal  Code  specifically 
address  rape,  sexual  abuse,  trade  in  women,  and  pandering. 

As  a  result  of  amendments  to  the  Criminal  Code  that  took  effect  in  1994,  prostitu- 
tion is  not  illegal.  The  Code,  however,  prohibits  activities  related  to  prostitution, 
such  as  renting  apartments  for  conducting  prostitution,  spreading  contagious  dis- 
eases, or  trafficking  in  women  for  thepurpose  of  prostitution. 

Women  are  equal  under  the  law.  They  have  the  same  property,  inheritance,  and 
other  legal  rights  as  men.  Women  receive  approximately  79  percent  of  men's  wages 
for  the  same  work,  according  to  the  Government.  A  1995  report  prepared  by  the 
Ministry  of  Foreign  Affairs  stated  that  for  the  period  1988-93,  "gross  earnings  of 
men  are  71  percent  higher  than  those  of  women."  The  report  concluded  that  "since 
there  is  little  difference  in  the  level  of  education  achieved  by  men  and  women,  and 
since  a  significantly  greater  number  of  women  are  graduates  of  technical  univer- 
sities as  well  as  universities,  the  discrepancy  in  wages  is  caused  by  factors  other 
t. n  8.n  cduc&tji on  8.1  9.C11 1  g vg nriG  nt 

The  Democratic  Union  of  Women  of  Slovakia  (DUZS),  chaired  by  a  HZDS  M.P. 
and  fiinded  in  part  by  the  HZDS,  identified  the  number  one  problem  facing  women 
as  insufficient  resources  to  provide  for  everyday  family  needs.  Other  major  problems 
included  women's  health  and  the  health  of  their  family  members.  The  DUZS  contin- 
ued to  promote  creation  of  a  parliamentary  committee  on  women  and  the  family  and 
passage  of  a  law  on  the  family.  The  DUZS  particularly  was  interested  in  legislation 
that  provided  more  day  care  and  preschool  programs.  The  DUZS  also  complained 
about  growing  discrimination  against  middle-age  and  older  women  in  employment. 

After  the  1995  U.N.  Conference  on  Women  in  Berjing,  the  Government  formed  a 
Coordinating  Committee  for  Women's  Affairs.  The  Committee  meets  periodically  to 
discuss  the  status  of  women's  issues  and  any  necessary  followup  from  the  Beijing 
conference.  The  Committee  includes  government  officials  as  well  as  NGO  partici- 
pants. Some  NGO  representatives  have  chosen  not  to  participate,  characterizing  the 
committee  as  ineffective. 

Children. — The  Government  demonstrates  its  commitment  to  children's  rights  and 
welfare  through  its  system  of  public  education  and  medical  care.  The  Ministry  of 
Labor  oversees  implementation  of  the  Ciovemment's  programs  for  children.  The 
Constitution,  the  law  on  education,  the  Labor  Code,  ana  the  system  of  child  welfare 
payments  to  families  with  children  each  provide  in  part  for  children's  rights.  Edu- 
cation is  compulsory  for  9  years,  or  until  the  age  of  15. 

While  there  is  no  evidence  of  a  societal  pattern  of  abuse  of  children,  some  prob- 
lems remain.  One  NGO  reported  almost  400  cases  of  child  beating  and  500  cases 
of  sexual  abuse  although  the  number  of  unreported  cases  could  be  much  higher. 

People  With  Disabilities. — The  Constitution  and  implementing  legislation  provide 
for  health  protection  and  special  working  conditions  for  mentally  and  physically  dis- 
abled persons,  including  special  protection  in  employment  relations  ana  special  as- 
sistance in  training.  A  1994  decree  provides  incentives  to  employers  who  create  a 
"sheltered"  workplace  (i.e.,  a  certain  percentage  of  jobs  set  aside  for  the  disabled). 
The  law  also  pronibits  discrimination  against  physically  disabled  individuals  in  em- 
ployment, education,  and  the  provision  of  other  state  services.  Nevertheless,  experts 
report  discrimination  in  accessibility  of  premises  and  access  to  education  (especially 
higher  education).  Although  not  specifically  required  by  law,  another  1994  govern- 
ment decree  mandates  the  provision  of  accessibility  with  regard  to  new  building  con- 
struction. The  decree  proviaes  for  sanctions  but  lacks  a  mechanism  to  enforce  them. 
A  spokeswoman  for  an  NGO  dealing  with  people  with  disabilities  said  that  the  Gov- 


45-909    98-42 


1288 

eminent  made  some  limited  progress  on  accessibility  issues  and  in  supplying  pros- 
thetics. 

Religious  Minorities. — A  controversial  book  entitled  "The  History  of  Slovakia  and 
the  Slovaks"  by  Milan  S.  Durica  was  published  in  1996  with  Ministry  of  Education 
support  using  European  Union  funds.  It  was  distributed  as  recommended  reading 
for  teachers  and  students  in  elementary  and  high  schools.  The  book  was  widely  criti- 
cized by  religious  groups  and  the  Slovak  Academy  of  Sciences  for  gross  inaccuracies 
and  distortions,  particularly  in  its  portrayal  of  wartime  Slovakia  and  the  deporta- 
tion of  Jews  and  Roma.  The  Slovak  Jewish  community  and  B'nai  B'rith  criticized 
the  book  as  anti-Semitic,  and  the  Evangelical  Church  protested  that  the  text  was 
highly  prejudicial  towards  its  members.  The  Prime  Minister  announced  in  July  that 
the  Government  would  withdraw  the  book,  but  it  remains  available  in  schools.  The 
European  Union  planned  to  ask  for  a  return  of  its  funds. 

Five  Jewish  cemeteries  were  vandalized  during  the  year.  In  Nove  Zamky  three 
juveniles  were  arrested  and  charged  with  vandalism.  In  Kosice  the  mayor  promised 
a  full  investigation  as  well  as  mnds  to  help  restore  the  overturned  gravestones. 
Other  incidents  occurred  in  Lucenec  (19  gravestones  overturned)  in  May  and  in  two 
eastern  towns  (Falkusovace  and  Vranov  Nad  Toplou)  in  September.  In  each  case 
there  were  overturned  gravestones,  but  in  Nove  Zamky  a  swastika  was  traced  in 
the  dirt,  and  in  Vranov  Nad  Toplou  a  grave  was  opened. 

Despite  protests  by  the  Federation  of  Jewish  Communities,  Slovak  National  Party 
members  and  the  ofiicial  Slovak  cultural  organization  Matica  Slovenska  continued 
their  efforts  to  revise  the  history  of  the  pro-Nazi  wartime  Slovak  state.  The  Prime 
Minister,  however,  has  publicly  distanced  himself  from  the  glorification  of  the  Tiso 
regime  and  has  condemned  fascism  and  anti-Semitism,  stating  that  there  was  no 
lime  between  the  Slovak  wartime  state  and  the  new  Slovak  repuolic. 

In  1996  a  center  for  Jewish  studies  at  the  Comenius  University  in  Bratislava  was 
opened.  Initially  it  proposes  to  offer  a  general  cultural  introduction  to  Judaica  and, 
later,  studies  in  Hebrew  and  Yiddish  languages. 

National  / Racial  / Ethnic  Minorities. — The  Constitution  provides  for  the  right  of 
minorities  to  develop  their  own  culture,  receive  information  and  education  in  their 
mother  tongue,  and  participate  in  decisionmaking  in  matters  affecting  them.  The 
Deputy  Prime  Minister  heads  the  Council  for  National  Minorities,  an  advisory  body 
to  the  Government  on  minority  issues  which  also  considers  legislation  concerning 
minorities.  The  Government  continued  to  provide  funding  for  cultural,  educational, 
broadcasting,  and  publishing  activities  for  the  major  ethnic  minorities,  but  at  great- 
ly reduced  levels.  A  1996  bilateral  treaty  with  Hungary,  which  called  for  bilateral 
conunissions  to  deal  with  the  treatment  of  ethnic  minorities,  remains  unfulfilled. 

TTie  lai^est  ethnic  minority  is  Hungarian.  It  is  concentrated  primarily  in  southern 
Slovakia,  with  a  population  registered  at  570,000  (150,000  of  whom  are  thought  to 
be  Roma  who  speak  Hungarian  and  choose  to  declare  themselves  as  ethnic  Hungar- 
ian). Most  ethnic  Hungarians  and  ethnic  Slovaks  living  in  mixed  areas  continued 
to  coexist  peacefully,  but  there  were  occasional  outbreaks  of  anti-Hungarian  feeling, 
mostly  in  areas  where  the  two  do  not  coexist. 

Hungarian  ethnic  leaders  complained  about  large  and  disproportional  cuts  in  gov- 
ernment subsidies  to  Hungarian  cultural  organizations,  with  funding  for  some  orga- 
nizations eliminated.  They  noted  as  well  a  number  of  government  initiatives,  which 
they  said  sought  to  reverse  gains  made  in  previous  years.  The  Government  took  no 
action  in  1997  on  the  proposed  education  law  that  would  expand  the  use  of  Slovak 
in  schools  of  the  Hungarian  minority  and  in  particular  require  that  history  and  lit- 
erature be  taught  in  Slovak.  In  1996  then-Foreign  Minister  Juraj  Schenk  assured 
the  High  Commissioner  for  Minorities  of  the  Organization  for  Security  and  Coopera- 
tion in  Europe  (OSCE)  that  the  (Government  would  pass  a  law  codifying  the  use  of 
minority  languages.  In  October  the  (jovemment,  against  the  advice  of  the  OSCE 
High  Commissioner,  stated  that  it  no  longer  saw  a  need  for  such  a  law  despite  its 
previous  promises.  No  law  was  proposed  in  Parliament. 

During  a  party  rally  In  September,  Prime  Minister  Meciar  explained  to  the  crowd 
that  during  talks  with  Hungarian  prime  Minister  Horn  in  August  he  had  proposed 
that  both  countries  facilitate  changing  citizenship  for  those  ethnic  Hungarians  living 
in  Slovakia  and  ethnic  Slovaks  living  in  Hungary  who  so  desired.  Meciar  explained 
further  that  the  proposal  was  meant  to  support  the  free  movement  of  people.  Oppo- 
sition politicians  and  some  press  sources  described  the  proposal  as  encouraging  pop- 
ulation exchanges. 

In  June  schools  that  teach  in  the  Hungarian  language  were  not  allowed  to  issue 
report  cards  in  Hungarian.  This  ruling  reportedly  affected  390  schools.  Previously, 
the  report  cards  were  issued  in  both  Slovak  and  Hungarian.  The  action  resulted 
from  tne  Ministry  of  Education's  interpretation  of  the  law  on  the  use  of  the  official 
language  in  Slovakia.  Some  principals  and  teachers  persisted  in  distributing  bilin- 


1289 

gual  report  cards.  In  one  prominent  case,  the  principal  of  a  Hungarian-language  ele- 
mentary school  in  Bratislava  was  removed  from  his  job  but  kept  on  as  a  teacher. 
The  action  occurred  after  the  principal  refused  to  stop  issuing  bihngual  report  cards; 
however,  the  authorities  told  nim  that  his  demotion  was  due  to  ineffective  perform- 
ance. Another  principal  was  demoted  under  the  same  circumstances  in  Senec.  In  the 
heavily  Hungarian  towns  of  Komamo  and  Dunajska  Streda,  it  was  reported  that 
teachers  who  issued  bilingual  certificates   were   denied  a  routine  bonus  (osobny 

Sriplatok)  given  to  teachers,  which  amounted  to  30  percent  of  their  pay.  Two  stu- 
ents  in  Dunajska  Streda  were  reportedly  dismissed  for  having  Hungarian-language 
report  cards,  m  March  education  state  secretary  Ondrej  Nemcok  wrote  to  county  of- 
fices in  charge  of  schools  recommending  that  only  ethnic  Slovaks  be  allowed  to  teach 
history  and  geography  in  Hungarian  language  schools  and  that  the  subjects  be 
taught  in  Slovak,  along  with  the  Slovak  language  and  literature  and  all  specialized 
skilled  worker  training.  A  draft  law  presented  bv  the  Education  Minister  to  codify 
the  above  recommendation  was  returned  by  the  Cabinet  for  redrafting. 

Ethnic  Hungarians,  Ruthenians,  and  Roma  protested  the  lack  orautonomv  and 
government  support  for  their  cultural  activities,  particularly  the  Hungarian,  Kuthe- 
nian,  and  Roma  theaters  whose  autonomy  was  ended  by  a  1996  decree  by  Culture 
Minister  Ivan  Hudec.  An  annual  national  celebration  of  ethnic  Hungarian  heritage 
was  canceled  at  the  last  minute  due  to  lack  of  funds.  Csemadok,  the  largest  ethnic 
Hungarian  cultural  organization,  received  no  government  funding  for  the  second 
year  in  a  row.  Government  involvement  in,  and  control  of,  cultural  activities  occurs 
throughout  the  country,  however,  and  is  not  restricted  to  minority  areas. 

Roma  constitute  the  second  largest  ethnic  minority  and  suffer  disproportionately 
from  high  levels  of  poverty  and  unemployment.  Credible  reports  by  human  rights 
monitors  indicated  tnat  Roma  continued  to  suffer  from  discrimination  in  employ- 
ment, housing,  and  administration  of  state  services.  Skinhead  violence  against 
Roma  was  a  serious  and  growing  problem,  and  monitors  reported  that  police  remain 
reluctant  to  take  action.  In  January  six  skinheads  attacked  two  Roma  in  Bratislava; 
one  was  hospitalized.  The  skinheads  were  arrested  and  remained  under  investiga- 
tion at  years  end.  Also  in  January,  skinheads  in  Kosice  attacked  a  Romani  em- 
ployee of  the  NGO  Office  for  the  Legal  Protection  of  Minorities  (KPOEM).  The  two 
skinheads  were  arrested  and  fined. 

In  February  a  group  of  anarchists  and  Roma  in  the  city  of  Prievidza  scheduled 
a  rallv  to  protest  racism  and  fascism.  Skinheads  arrived  at  the  rally  and  shouted 
"Heil  and  "Gypsies  to  the  gas  chambers!"  Police  intervened  when  fighting  broke 
out,  but  reportedly  arrested  only  anarchists  and  Roma  (who  were  released  the  next 
day).  A  Romani  representative  wrote  a  letter  to  the  Minister  of  Interior  protesting 
the  brutality  of  the  police  intervention,  which  injured  several  participants.  In  June 
four  Roma  youth  were  shot  in  a  car  near  Levoca.  One  woman  was  killed  while  an- 
other remained  in  a  critical  state.  The  two  others  in  the  car  were  injured.  No  one 
was  arrested. 

In  August  two  skinheads  broke  into  a  Romani  home  in  Banska  Bystrica  and  beat 
the  whole  family  with  baseball  bats.  The  mother  suffered  a  concussion  and  a  broken 
arm  while  her  daughter  also  had  a  broken  arm.  The  father  was  left  in  a  coma  and 
later  died  of  his  injuries.  One  suspect  is  in  prison  awaiting  trial. 

In  October  3  Romani  students  on  their  way  home  from  school  were  attacked  by 
a  group  of  10  skinheads.  One  of  the  Roma  sufTered  a  broken  nose  among  other  inju- 
ries. Tne  police  arrested  one  skinhead  on  probation  with  a  prior  record  of  violence. 
The  case  had  not  gone  to  court  at  year's  end. 

In  August  the  perpetrator  of  a  December  1996  knife  attack  on  a  father  and  son 
of  Romani  heritage,  which  resulted  in  the  father's  death,  was  sentenced  to  IIV2 
years  in  jail  for  murder. 

Remarks  by  public  figures  played  to  anti-Roma  sentiment.  In  June  1996,  Roman 
Hofbauer,  a  Member  of  Parliament  of  the  ruling  HZDS  party  and  a  prominent  mem- 
ber of  the  government  coalition,  wrote  in  the  movement's  daily  newspaper, 
Republika,  that  Romani  citizens  were  the  cause  of  criminality.  In  October  1996,  Jan 
Slota,  leader  of  the  SNS,  reportedly  said  that  a  "small  yard  and  a  larce  whip  are 
needed  against  the  Roma."  In  a  radio  interview  in  the  same  month,  Slota  claimed 
that  "70  percent  of  the  Roma  are  the  cause  of  Slovak  criminality." 

Persons  of  color  also  suffered  from  attacks  or  discrimination.  In  July  skinheads 
from  Banska  Bystrica  assaulted  an  African-American  serviceman.  He  was  taken  to 
the  hospital  and  treated  for  minor  injuries.  In  January  two  Asian  asylum  seekers 
were  attacked  by  skinheads  near  the  bus  station  in  Mlynske  Nivy.  In  December  a 
Nigerian  intern  at  a  human  rights  NGO  was  verbally  and  physically  assaulted  after 
appearing  on  a  UNHCR  television  program  about  racism. 

In  anotner  case  in  August,  20  skinheads  attacked  a  group  of  students  with  dark 
complexions  on  a  bus.  When  the  youths  tried  to  get  ofi  the  bus,  the  skinheads  fol- 


1290 

lowed  them.  Police  intervened,  but  one  student  was  hospitalized  with  a  serious  con- 
cussion. Four  suspects  were  taken  into  custody  but  later  released  for  lack  of  evi- 
dence. 

During  the  most  recent  census  (1991),  14,000  citizens  registered  themselves  as 
Ukrainians,  and  17,000  registered  themselves  as  Ruthenians.  About  50,00  persons, 
however,  listed  Ruthenian  as  their  native  language.  Ruthenians  disagree  that  they 
are  Ukrainians  and  that  their  language  is  only  a  Ukrainian  dialect.  The  Govern- 
ment recognizes  some  Ruthenian  claims,  but  the  chairman  of  the  Association  of  Ru- 
thenian Professionals  states  that  the  Government  is  subject  to  Ukrainian  pressure, 
which  views  such  recognition  as  anti-Ukrainian.  In  a  March  letter  the  Government 
promised  radio  time  for  Ruthenian-language  programs,  but  by  year's  end  had  re- 
portedly not  provided  such  broadcasts. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  to  form  and 
join  unions,  except  in  the  armed  forces.  According  to  one  reliable,  independent  esti- 
mate, approximately  50  percent  of  the  work  force  is  organized.  Official  sources  stat- 
ed that  tne  figure  is  closer  to  65  to  70  percent.  Most  unions  are  independent  of  the 
Government  and  political  parties  but  lobby  those  entities  in  order  to  gain  support 
for  union  positions  on  key  labor  issues.  There  are  no  restrictions  on  the  ri^t  to 
strike.  Slovakia  was  largely  free  of  strikes  from  the  1989  revolution  until  1996. 
Seven  strikes  were  officially  recorded  in  1997.  In  February  and  March  the  actors 
guild  struck  against  political  interference  and  the  loss  of  artistic  freedom.  The  strike 
lasted  for  a  month.  The  actors  returned  to  work  at  the  request  of  President  Kovac. 
The  largest  strike  was  in  June  when  Bratislava's  mass  transit  company  drivers 
seeking  wage  increases  struck  for  4  days,  crippling  city  transportation  services.  The 
drivers  temporarily  returned  to  work  when  requested  by  a  court,  which  was  to  de- 
cide on  the  legality  of  the  strike.  At  year's  end,  the  court  had  made  no  decision. 

A  6-month  strike  by  employees  protesting  the  way  in  which  their  company  was 
privatized  was  temporarily  resolved  when  the  Prime  Minister  said  the  National 
Property  Fund  would  review  the  decision.  All  work  actions  were  carried  out  peace- 
fully with  no  government  interference  although  many  suggest  that  the  Bratislava 
bus  drivers'  strike  was  politically  motivated  to  embarrass  the  opposition  mayor. 

There  were  no  reported  instances  of  retribution  against  strikers  or  labor  leaders, 
but  the  law  and  regulations  do  not  explicitly  prohibit  such  retribution.  There  were 
no  reports  of  human  rights  abuses  targeted  against  unions  or  woricers.  It  was  re- 
ported, nevertheless,  that  some  public  service  employees  were  pressured  to  ioin  gov- 
ernment coalition  parties.  The  implication  was  that  refusal  to  join  would  put  a 
worker's  job  in  jeopardy.  Some  workers  at  a  major  company  were  reportedly  pres- 
sured to  join  an  allegedly  more  progovemment  union.  Again,  the  implication  was 
that  failure  to  join  could  put  workers  jobs  in  jeopardy. 

Unions  are  free  to  form  or  join  federations  or  confederations  and  to  affiliate  with 
and  participate  in  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  collec- 
tive bargaining.  However,  in  1997  employers  and  unions  were  excluded  from  the  ne- 
gotiations on  a  government  proposal  to  enact  wage  regulation.  Employers  and 
unions  normally  set  wages  in  free  negotiations  and  are  guided  by  a  general  agree- 
ment with  the  Government.  In  1997  no  general  agreement  was  signed  and  both 
unions  and  businesses  protested  the  government-proposed  wage  regulation.  The 
Law  on  Citizens'  Associations  prohibits  discrimination  by  employers  against  union 
members  and  organizers.  Complaints  may  be  resolved  either  in  collective  negotia- 
tions or  in  court.  If  found  guilty  of  antiunion  discrimination,  employers  are  required 
to  reinstate  workers  fired  for  union  activities. 

The  Customs  Act  of  1996  regulates  free  customs  zones  and  customs  warehouses. 
Firms  operating  in  such  zones  must  comply  with  the  Labor  Code;  to  date  there  have 
been  no  reports  of  special  involvement  isy  the  trade  unions.  No  special  legislation 
governs  labor  relations  in  free  trade  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Both  the  Constitution  and  the  Em- 
ployment Act  prohibit  forced  or  compulsory  labor,  including  that  performed  by  chil- 
dren. There  were  no  reports  of  violations.  The  Ministry  of  Labor,  Social  Affairs,  and 
Family,  as  well  as  district  and  local  labor  offices,  have  responsibility  for  enforce- 
ment. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  law 
sets  the  minimum  employment  age  at  15  years.  Children  must  remain  in  school  for 
9  years,  or  until  the  age  of  15.  Workers  under  the  age  of  16  may  not  work  more 
than  33  hours  per  week;  may  not  be  compensated  on  a  piecework  basis;  may  not 
work  overtime  or  night  shifls;  and  may  not  work  underground  or  in  specified  condi- 
tions deemed  dangerous  to  their  health  or  safety.  Special  conditions  and  protections. 


1291 

though  somewhat  less  stringent,  apply  to  young  workers  up  to  the  age  of  18.  The 
Ministry  of  Labor  enforces  this  legislation.  There  were  no  reports  of  violations. 
Forced  and  bonded  child  labor  is  prohibited  by  law  and  the  Constitution,  and  the 
Government  effectively  enforces  these  prohibitions  (see  Section  6.C.). 

e.  Acceptable  Conditions  of  Work. — The  minimum  wage  was  increased  to  approxi- 
mately $88  (Sk  3,000)  per  month  in  September,  with  an  effective  date  of  January 
1,  1998.  Even  when  combined  with  special  allowances  paid  to  families  with  children 
it  does  not  provide  a  decent  standard  of  living  for  a  worker  and  family.  The  Ministry 
of  Labor  is  responsible  for  enforcing  the  minimum  wage.  No  violations  were  re- 
ported. The  standard  workweek  mandated  by  the  Labor  Code  is  42.5  hours,  al- 
though collective  bargaining  agreements  have  achieved  reductions  in  some  cases 
(most  often  to  40  hours).  For  state  enterprises  the  law  requires  overtime  pay  up  to 
a  maximum  of  8  hours  per  week,  and  150  hours  per  year,  and  provides  5  weeks  of 
annual  leave.  Private  enterprises  can  compensate  their  employees  for  more  hours 
of  overtime  than  stipulated  by  the  law.  There  is  no  specifically  mandated  24-hour 
rest  period  during  the  workweek.  The  trade  unions,  the  Ministry  of  Labor,  and  local 
employment  offices  monitor  observance  of  these  laws,  and  the  authorities  effectively 
enforce  them. 

The  Labor  Code  establishes  health  and  safety  standards  that  the  Office  of  Labor 
Safety  effectively  enforces.  For  hazardous  employment,  workers  undergo  medical 
screening  under  the  supervision  of  a  physician.  They  have  the  right  to  refuse  to 
work  in  situations  that  endanger  their  health  and  safety  and  may  file  complaints 
against  employers  in  such  situations.  Employees  working  under  conditions  endan- 
gering their  health  and  safety  for  a  certain  period  of  time  are  entitled  to  paid  "relax- 
ation   leave  in  addition  to  their  standard  annual  leave. 


SLOVENIA 

Slovenia  is  a  parliamentary  democracy  and  constitutional  republic.  Power  is 
shared  between  a  directly  elected  President,  a  Prime  Minister,  and  a  bicameral  leg- 
islature. Since  Slovenia's  independence  from  the  former  Yugoslavia  in  1991,  free, 
fair,  and  open  elections  have  characterized  the  political  system.  In  1997  elections 
were  held  to  elect  both  a  president  and  representatives  to  Parliament's  upper  house. 
Constitutional  provisions  for  an  independent  judiciary  are  respected  by  the  Govern- 
ment in  practice. 

The  police  are  under  the  effective  civilian  control  of  the  Ministry  of  the  Interior. 
By  law  the  armed  forces  do  not  exercise  civil  police  functions. 

The  country  has  made  steady  progress  toward  developing  a  market  economy.  The 
first  phase  of  privatization  is  now  complete,  and  sales  of  remaining  large  state  hold- 
ings are  planned  for  1998.  Trade  has  been  diversified  toward  the  West  and  the 
growing  markets  of  central  and  eastern  Europe.  Manufacturing  accounted  for  most 
employment,  with  machinery  and  other  manufactured  products  comprising  the 
major  exports.  Labor  force  surveys  put  unemployment  at  approximately  7  percent, 
but  registration  for  unemployment  assistance  is  twice  that  number.  Inflation  has  re- 
mained just  below  double-digit  levels.  Real  gross  national  product  grew  2.9  percent 
in  1997.  The  currency  is  stable,  fully  convertible,  and  backed  by  substantial  re- 
serves. The  economy  provides  citizens  with  a  good  standard  of  living. 

The  (jovemment  respects  the  human  rights  of  its  citizens,  and  the  law  and  judici- 
ary provide  adequate  means  of  dealing  with  individual  instances  of  abuse.  An  Om- 
budsman deals  with  human  rights  problems,  including  citizenship  cases.  Minorities 
are  generally  treated  fairly  in  practice  as  well  as  in  law.  However,  5,000  to  10,000 
non-Slovene  (former  Yugoslav)  residents  are  without  legal  residency  status  due  to 
the  Government's  slow  processing  of  their  applications  for  Slovene  citizenship. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture  and  inhuman  treatment  as  well  as  "humiliating 
punishment  or  treatment,"  and  there  were  no  reports  of  such  treatment. 

Prison  conditions  meet  minimum  international  standards  and  were  not  the  sub- 
ject of  complaint  by  any  human  rights  organization. 


1292 

The  Government  permits  prison  visits  by  human  rights  monitors  and  the  media. 
In  1996  the  Council  of  Europe  sent  a  commission  to  review  prison  conditions.  The 
Government  accepted  its  report  and  implemented  the  recommendations  for  improve- 
ments. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest, deprivation  of  Hberty,  and  the  use  of  exile,  and  the  Government  respects  these 
provisions  in  practice. 

The  authorities  must  advise  detainees  in  writing  within  24  hours,  in  their  own 
language,  of  the  reasons  for  the  arrest.  Until  charges  are  brought,  detention  may 
last  up  to  6  months;  once  charges  have  been  brought,  detention  may  be  prolonged 
for  a  maximum  of  2  years.  The  law  also  provides  safeguards  against  self-incrimina- 
tion. These  rights  and  limitations  are  respected  in  practice. 

e.  Denial  of  Fair  Public  Trial. — ^The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice. 

The  judicial  system  comprises  district  courts,  regional  courts,  a  court  of  appeals, 
and  the  Supreme  Court  as  the  highest  court.  Judges,  elected  by  the  State  Assembly 
(Parliament)  on  the  nomination  of  the  Judicial  Council,  are  constitutionally  inde- 
pendent, and  serve  indefinitely,  subject  to  an  age  limit.  The  Judicial  Council  is  com- 
posed of  six  sitting  judges  elected  by  their  peers  and  five  presidential  nominees 
elected  by  the  State  Assembly.  The  nine-memoer  Constitutional  Court  rules  on  the 
constitutionality  of  legislation. 

The  Constitution  provides  in  great  detail  for  the  right  to  a  fair  trial,  including 
provisions  for:  Equality  before  the  law,  presumption  of  innocence,  due  process,  open 
court  proceedings,  guarantees  of  appeal,  and  a  prohibition  against  douole  jeopardy. 
Defendants  by  law  nave  the  ri^t  to  counsel,  without  cost  iineed  be.  These  rights 
are  respected  in  practice,  although  the  judicial  system  is  so  burdened  that  justice 
is  frequently  a  protracted  process.  In  some  instances,  criminal  cases  have  been  re- 
ported to  take  2  to  5  years  to  come  to  trial.  The  problem  is  not  widespread,  and 
defendants  are  released  on  bail  except  in  the  most  serious  criminal  cases. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  protection  of  privacy,  "personal  data  rights,"  and  the 
inviolability  of  the  home,  mail,  and  other  means  of  communication.  These  rights  and 
protections  are  respected  in  practice,  and  violations  are  subject  to  effective  legal 
sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^The  Constitution  provides  for  freedom  of 
thought,  speech,  public  association,  the  press,  and  other  forms  of  public  communica- 
tion and  expression.  Lingering  self-censorship  and  some  indirect  political  pressures 
continue  to  influence  the  media. 

The  press  is  now  a  vigorous  institution  emerging  from  its  more  restricted  past. 
The  media  span  the  political  spectrum.  The  major  media  do  not  represent  a  broad 
range  of  ethnic  interests,  although  there  is  an  Italian-language  television  channel 
as  well  as  a  newspaper  available  to  the  ethnic  Italian  minority  who  live  on  the  Adri- 
atic Coast.  Hungarian  radio  programming  is  common  in  the  northeast  where  there 
are  about  8,500  ethnic  Hungarians.  Bosnian  refugees  and  the  Albanian  community 
have  newsletters  in  their  own  languages. 

Four  major  daily  and  several  weekly  newspapers  are  published.  Two  major  daily 
newspapers  with  overtly  partisan  stances  ceased  publication  due  to  a  level  of  read- 
ership insufficient  to  support  their  costs  of  operation.  The  major  print  media  are 
supported  through  private  investment  and  advertising,  although  the  national  broad- 
caster, RTV  Slovenia,  enjoys  government  subsidies,  as  do  cultural  publications  and 
book  publishing.  There  are  seven  television  channels,  four  of  which  are  independent 
private  stations.  Numerous  foreign  broadcasts  are  available  via  satellite  and  cable. 
All  major  towns  have  radio  stations  and  cable  television.  Numerous  business  and 
academic  publications  are  available.  Foreign  newspapers,  magazines,  and  journals 
are  widely  available. 

In  theory  and  practice,  the  media  enjoy  full  freedom  in  their  journalistic  pursuits. 
However,  for  over  40  years  Slovenia  was  ruled  by  an  authoritarian  Communist  po- 
litical system,  and  reporting  about  domestic  politics  may  be  influenced  to  some  de- 
gree by  self-censorship  and  indirect  political  pressures. 

The  election  law  requires  the  media  to  offer  free  space  and  time  to  political  par- 
ties at  election  time.  Television  networks  routinely  give  public  figures  and  opinion 
makers  from  across  the  political  spectrum  access  via  a  broad  range  of  public  interest 
programming. 

The  Constitution  provides  for  autonomy  and  freedom  for  universities  and  other  in- 
stitutions of  higher  education.  There  are  two  universities,  each  with  numerous  affili- 


1293 

ated  research  and  study  institutions.  Academic  freedom  is  respected,  and  centers  of 
higher  education  are  lively  and  intellectually  stimulating. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  rights  of  peaceful  assembly,  association,  and  participation  in  public  meetings, 
and  the  Government  respects  these  rights  in  practice.  These  rights  can  be  restricted 
only  in  circumstances  involving  national  security,  public  safety,  or  protection 
against  infectious  diseases,  and  then  only  by  act  of  the  National  Assembly. 

c.  Freedom  of  Religion. — The  Constitution  explicitly  provides  for  the  unfettered 
profession  of  religious  and  other  beliefs  in  private  and  in  public,  and  the  Govern- 
ment resjjects  these  rights  in  practice.  No  person  can  be  compelled  to  admit  his  reli- 
gious or  other  beliefs.  There  is  no  state  religion.  About  70  percent  of  the  population 
adheres  to  the  Roman  Catholic  faith,  and  2.5  percent  to  the  Orthodox.  There  are 
also  Protestant  congregations,  especially  in  the  eastern  part  of  the  country.  Clergy, 
missionaries — some  from  abroad — churches,  and  religious  groups  operate  without 
hindrance. 

The  appropriate  role  for  religious  instruction  in  the  schools  continues  to  be  an 
issue  of  debate.  The  Constitution  states  that  parents  are  entitled  %o  give  their  chil- 
dren a  moral  and  religious  upbringing.  .  .  ."  Before  1945  religion  was  much  more 
prominent  in  the  schools,  but  now  only  those  schools  supported  by  religious  bodies 
teach  religion. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  that  each  person  has  the  right  to  freedom  of 
movement,  to  choice  of  place  of  residence,  to  leave  the  country  freely,  and  to  return. 
Limitations  on  these  rights  may  be  made  only  by  statute  and  only  where  necessary 
in  criminal  cases,  to  control  infectious  disease,  or  in  wartime.  In  practice,  citizens 
travel  widely  and  often. 

The  Constitution  provides  for  a  right  of  political  asylum  for  foreigners  and  state- 
less jjersons  "who  are  jjersecuted  for  their  stand  on  human  rights  and  fundamental 
freedoms."  The  Government  cooperates  with  the  Office  of  the  United  Nations  High 
Commissioner  for  Refugees  and  other  humanitarian  organization  in  assisting  refu- 
gees. The  Government  provides  first  asylum  (or  "temporary  protection  ")  to  refugees, 
and  in  1991  granted  this  status  to  70,000  refugees  from  Croatia  and  Bosnia- 
Herzegovina.  Only  7,000  refugees  with  temporary  protection  status  remained  by 
July  31.  On  that  date,  the  Government  abolished  temporary  protection  status  for 
2,303  refugees,  requiring  them  either  to  return  to  their  homeland  or  to  apply  for 
the  status  of  foreigner  (placing  on  them  the  burden  of  financial  support).  The  re- 
maining refugees  received  extended  temporary  protection  status  until  April  30,  1998 
(or  until  June  30,  1998  if  their  residence  of  origin  remains  occupied  by  hostile 
forces).  More  than  half  of  the  2,303  refugees  whose  temporary  protection  status 
lapsed  have  voluntarily  returned  to  Croatia  and  Bosnia-Herzegovina.  There  are  no 
reports  that  the  (jovernment  returned  any  refugees  against  their  will. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government,  voting  by  secret  ballot  on  the 
basis  of  universal  suffrage.  Slovenia  has  a  mixed  parliamentary  and  presidential 
system.  The  President  proposes  a  candidate  to  the  legislature  for  confirmation  as 
Prime  Minister,  after  consultations  with  the  leaders  of  the  political  parties  in  the 
National  Assembly. 

There  are  no  restrictions  on  the  participation  of  women  or  minorities  in  politics. 
Of  the  90  members  of  Parliament,  8  are  women.  There  are  no  women  in  the  Cabi- 
net. The  Prime  Minister's  Office  has  an  active  agency  for  monitoring  and  promoting 
the  participation  by  women  in  public  life. 

The  Constitution  stipulates  that  the  Italian  and  Hungarian  ethnic  communities 
are  each  entitled  to  at  least  one  representative  in  the  Assembly,  regardless  of  their 
population. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Independent  human  rights  monitoring  groups  promote  respect  <br  human  rights 
and  freedoms  and  freely  investigate  complaints  about  violations.  The  Government 
places  no  obstacles  in  the  way  of  investigations  by  international  or  local  human 
rights  groups.  The  United  Nations  Human  Rights  Commission  (UNHRC)  in  1994  de- 
leted Slovenia  from  the  group  of  Yugoslav  successor  states  monitored  by  the 
UNHRC  for  human  rights  abuses. 


1294 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equality  before  the  law,  and  the  Government  ob- 
served this  provision  in  practice.  According  to  the  1991  census,  the  population  (ex- 
cluding refugees)  is  approximately  2  million,  of  whom  1,727,018  are  Slovenes  and 
the  remainder  persons  of  23  other  nationalities.  There  are  54,212  Croats,  47,911 
Serbs,  26,842  Muslims,  8,500  Hungarians,  and  3,064  Italians. 

The  Constitution  provides  special  rights  for  the  "autochthonous  Italian  and  Hun- 
garian ethnic  communities,"  including  the  right  to  use  their  own  national  symbols, 
enjoy  bilingual  education,  and  other  privileges.  It  also  provides  for  special  status 
and  rights  for  the  small  Romani  communities,  which  are  observed  in  practice. 

Women. — The  awareness  of  spousal  abuse  and  violence  against  women  is  on  the 
rise.  There  are  two  shelters  for  battered  women,  which  are  partially  funded  by  the 
State;  a  third  was  expected  to  open  during  the  winter.  The  existing  shelters  operate 
at  capacity  (about  30  beds  combined)  and  turn  away  numerous  women  every  year. 
In  cases  of  reported  spousal  abuse  or  violence,  the  police  are  active  in  intervening, 
and  criminal  charges  are  filed. 

Equal  rights  for  women  are  a  matter  of  state  policy.  There  is  no  oflicial  discrimi- 
nation against  women  or  minorities  in  housing,  jobs,  education,  or  other  walks  of 
life.  Marriage,  under  the  Constitution,  is  based  on  the  equality  of  both  spouses.  The 
Constitution  stipulates  that  the  State  shall  protect  the  family,  motherhood,  and  fa- 
therhood. 

In  rural  areas,  women,  even  those  employed  outside  the  home,  bear  a  dispropor- 
tionate share  of  household  work  and  family  care  because  of  a  generally  conservative 
social  tradition.  However,  women  are  frequently  encountered  in  business  and  in  gov- 
ernment executive  departments. 

Equal  pay  for  equal  work  for  men  and  women  is  the  norm.  Although  both  men 
and  women  suffer  from  the  loss  of  work  and  both  sexes  have  the  same  average  pe- 
riod of  unemployment,  women  are  still  found  more  often  in  lower  paying  jobs. 

Children. — The  Constitution  stipulates  that  children  "enjoy  human  rights  and 
fundamental  freedoms  consistent  with  their  age  and  level  of  maturity."  Moreover, 
special  protection  from  exploitation  and  maltreatment  is  provided  by  statute.  Social 
workers  visit  schools  regularly  to  monitor  for  any  incidents  of  mistreatment  or 
abuse  of  children. 

The  Government  demonstrates  its  commitment  to  children's  welfare  through  its 
system  of  public  education  and  health  care.  There  is  no  societal  pattern  of  abuse 
against  children. 

People  With  Disabilities. — The  disabled  are  not  discriminated  against,  and  the 
Government  has  taken  steps  to  facilitate  access  to  social  and  economic  opportuni- 
ties. In  practice,  modifications  of  public  and  private  structures  to  ease  access  by  the 
handicapped  continue  slowly  but  steadily. 

National  / Racial  /  Ethnic  Minorities. — ^Minorities  make  up  about  12  percent  of  the 
population;  most  are  nationals  of  the  former  Yugoslavia.  Tne  Hungarian  and  Italian 
ethnic  communities  (under  1  percent)  enjoy  constitutionallv  provided  representation 
in  the  National  Assembly.  Minorities  are  generally  treated  fairly  in  practice  as  well 
as  in  law.  However,  5,000  to  10,000  non-Slovene  (former  Yugoslav)  residents  are 
without  legal  residency  status  due  to  the  Government's  slow  processing  of  their  ap- 
plications for  Slovene  citizenship. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  stipulates  that  trade  unions,  their 
operation,  and  their  membership  shall  be  free  and  provides  for  the  right  to  strike, 
virtually  all  workers,  except  the  police  and  military  personnel,  are  eligible  to  form 
and  join  labor  organizations.  In  1993  the  National  Assembly  for  the  first  time 
passed  legislation  restricting  strikes  by  some  public  sector  employees.  However, 
aft^r  government  budget-cutting,  some  public  sector  professionals  (judges,  doctors, 
and  educators)  have  become  increasingly  active  on  the  labor  front. 

Labor  has  two  main  groupings,  with  constituent  branches  throughout  the  country. 
A  third,  much  smaller,  regional  labor  union  operates  on  the  Adriatic  coast.  Unions 
are  formally  and  actually  independent  of  the  Government  and  political  parties,  but 
individual  union  members  hold  positions  in  the  legislature.  The  Constitution  pro- 
vides that  the  State  shall  be  responsible  for  "the  creation  of  opportunities  for  em- 
ployment and  for  work." 

There  are  no  restrictions  on  unions  joining  or  forming  federations  and  affiliating 
with  like-minded  international  union  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  economy  is  in  transition 
from  the  former  Communist  system,  which  included  some  private  ownership  of  en- 
terprises along  with  state-controlled  and  "socially-owned"  enterprises.  In  the  transi- 


1295 

tion  to  a  fully  market-based  economy,  the  collective  bargaining  process  is  under- 
going change.  Formerly,  the  old  Yugoslav  Government  had  a  dominant  role  in  set- 
ting the  minimum  wage  and  conditions  of  work.  The  Grovemment  still  exercises  this 
role  to  an  extent,  although  in  the  private  sector  wages  and  working  conditions  are 
agreed  annually  in  a  general  collective  agreement  between  the  "social  partners:"  the 
laDor  unions  and  the  Chamber  of  Economy.  There  are  no  reports  of  antiunion  dis- 
crimination. 

Export  processing  zones  have  been  established  in  Koper,  Maribor,  and  Nova 
Gorica.  Worker  rights  are  the  same  in  these  zones  as  in  the  rest  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  law  prohibits  forced  and  bond- 
ed labor,  including  by  children,  and  there  were  no  reports  of  forced  labor  by  adults 
or  children. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  forced  and  bonded  labor  by  children.  The  minimum  age  for  employment 
is  16  years.  Children  must  remain  in  school  until  the  age  of  15.  During  the  harvest 
or  for  other  farm  work,  younger  children  do  work.  In  general,  urban  employers  re- 
spect the  age  limits. 

e.  Acceptable  Conditions  of  Work. — The  minimum  wage  is  $358  (Sit  59,150)  per 
month  effective  in  July,  which  provides  a  decent  standard  of  living  for  the  average 
worker  and  family.  The  workweek  is  40  hours.  In  general  businesses  provide  accept- 
able conditions  of  work  for  their  employees.  Occupational  health  and  safety  stand- 
ards are  set  and  enforced  by  special  commissions  controlled  by  the  Ministries  of 
Health  and  Labor.  Workers  have  the  right  to  remove  themselves  from  unsafe  condi- 
tions without  jeopardizing  their  continued  employment. 


SPAIN 


Spain  is  a  democracy  with  a  constitutional  monarch.  The  Parliament  consists  of 
two  chambers,  the  Congress  of  Deputies  and  the  Senate.  President  Jose  Maria 
Aznar  of  the  Popular  Party  (PP)  was  elected  in  1996.  The  Government  respects  the 
constitutional  provisions  for  an  independent  judiciary  in  practice. 

Spain  has  three  levels  of  security  forces.  The  National  Police  are  responsible  for 
nationwide  investigations,  security  in  urban  areas,  traffic  control,  and  hostage  res- 
cue. The  Civil  Guard  polices  rural  areas  and  controls  borders  and  highways.  Autono- 
mous police  forces  have  taken  over  many  of  the  duties  of  the  Civil  Guard  in  Galicia, 
Catalonia,  and  the  Basque  country.  The  security  forces  are  under  the  effective  con- 
trol of  the  Government.  The  security  forces  also  maintain  anticorruption  units.  An 
adviser  for  human  rights  in  the  Ministry  of  Justice  is  charged  with  promoting  hu- 
manitarian law  and  training  senior  law  enforcement  groups  in  human  rights  prac- 
tices. Some  members  of  the  security  forces  committed  human  rights  abuses. 

The  economy  is  market  based,  with  primary  reliance  on  private  initiative,  al- 
though a  number  of  public  sector  enterprises  remain  in  key  areas.  The  economy 
grew  by  3.4  percent  in  1997.  The  nominal  unemployment  rate  dropped  from  the 
1996  hi  A  of  21.9  percent  to  21  percent  in  1997. 

The  Government  generally  respected  the  human  rights  of  its  citizens.  However, 
there  were  problems  in  some  areas,  including  police  brutality,  lengthy  pretrial  de- 
tention, and  an  inefficient  judicial  system.  An  Ombudsman,  called  the  "People's  De- 
fender" in  the  Constitution,  serves  as  an  independent  advocate  for  citizen's  rights. 
Societal  violence  against  women,  discrimination  against  Roma,  and  incidents  of  rac- 
ism and  rightwing  youth  violence  are  also  problems.  The  Government  investigates 
allegations  of  human  rights  abuses  by  the  security  forces  and  punishes  those  found 
guilty,  although  investigations  are  often  lengthy  and  punishments  can  be  light. 

Continued  allegations  surfaced  of  involvement  by  tne  previous  Gonzalez  adminis- 
tration in  "Antiterrorist  Liberation  Groups"  (GAL),  which  murdered  27  people  be- 
tween 1983  and  1987.  This  secret  organization  was  reportedly  composed  of  security 
officers  and  contract  gunmen  with  links  to  organized  crime.  It  is  oelieved  to  have 
had  links  to  the  highest  ministerial  levels,  including  a  former  Minister  of  the  Inte- 
rior, the  commanding  officer  of  the  security  forces,  and  the  most  senior  government 
representative  in  the  Basque  region.  Judicial  investigations  into  these  allegations 
proceeded  throughout  the  year  but  did  not  turn  up  any  significant  new  evidence. 
These  investigations  could  lead  to  trials  of  former  senior  officials  on  GAL-related 
charges. 

The  principal  source  of  abuses  continued  to  be  the  protracted  campaign  of  terror- 
ism waged  by  the  Basque  Fatherland  and  Freedom  (ETA)  terrorist  group,  which 
committed  killings,  kidnapings,  and  other  abuses. 


1296 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings  by  government  forces.  However,  several  deaths  under 
suspicious  circumstances  occurred. 

In  March  an  oflicer  from  the  Civil  Guard  was  detained  after  fatally  shooting  a 
young  Moroccan  boy  in  the  back.  The  boy's  girlfriend  claimed  that  they  were  asked 
what  was  wrong  by  the  oflicer  while  the^  paused  for  him  to  tie  his  shoe.  He  re- 
sponded "nothing,"  and  three  shots  were  fired  as  they  turned  to  walk  away,  accord- 
ing to  the  girl.  TTie  boy's  parents  and  the  Association  of  Moroccan  Immi^ants  in 
Spain  allege  that  his  deatn  was  racially  motivated.  The  Civil  Guard  denies  these 
accusations. 

ETA  member  Jose  Maria  Aranzamendi  died  in  Madrid's  Acala-Mco  prison,  where 
he  was  being  held  in  preventive  custody,  on  February  7.  Aranzamendi  was  found 
hanged  in  his  ceU.  Prison  oflicials  failed  to  rep>ort  that  Aanzamendi  had  both  his 
feet  and  hands  bound.  This  generated  skepticism  as  to  the  cause  of  his  death  and 
led  some  observers  to  blame  prison  officials.  The  official  autopsy  listed  the  cause  of 
death  as  suicide,  and  no  charges  were  filed. 

Eugenio  Aranburu,  a  member  of  the  national  committee  of  Herri  Batasuna  (HB), 
the  political  wing  of  ETA,  committed  suicide  on  February  10,  the  same  day  that  he 
was  to  have  appeared  in  court  for  questioning  in  connection  with  an  ETA  video  that 
HB  used  for  propaganda  purposes  during  the  1996  general  election  campaign. 
Aranburu,  like  the  other  HB  national  committee  members,  announced  that  he  would 
not  answer  the  summons  to  appear  in  court  for  questioning  over  the  video.  He  was 
found  hanged  in  the  country  home  of  his  brother  (in  Mallaoia,  Vizcava).  Aranburu's 
brother  and  friends  said  after  his  death  that  he  was  not  suffering  from  depression 
or  nervousness,  including  in  regard  to  his  forthcoming  imprisonment  (for  refusing 
to  appear  for  questioning  over  tne  video).  In  an  interview  in  a  Basque  news  maga- 
zine published  shortly  before  his  death,  Aranburu  said  that  he  expected  to  be  im- 
prisoned (by  the  Supreme  Court)  and  that  he  believed  that  only  punishment  and 
beatings  awaited  him  in  prison.  Nevertheless,  he  said  that  he  was  not  worried  about 
his  forthcoming  imprisonment.  The  HB  national  committee  members  were  impris- 
oned for  failing  to  answer  summonses  to  appear  before  the  Supreme  Court  to  dis- 
cuss the  election  video.  Initially,  they  had  refused  to  pay  bail  but  did  so  after  it  was 
reduced,  and  all  were  released  early  in  the  year. 

On  March  27  the  body  of  Josu  Zabala  Salegi,  a  member  of  ETA,  was  found  in  the 
countryside  in  Guipuzcoa  province.  The  body  had  a  bullet  wound  in  the  chest,  and 
a  9mm  pistol  was  found  next  to  the  body.  Police  pursued  Zabala  for  more  than  2 
years  in  connection  with  a  series  of  ETA  attacks.  Zabala  was  wanted  by  the  Na- 
tional High  Court,  which  had  ordered  his  arrest.  An  anonymous  call  to  a  pro-ETA 
newspaper  said  that  Zabala  was  missing  since  March  23. 

In  1997  plaintiffs  appealed  the  1996  acquittal  of  two  Civil  Guard  members  in  the 
case  of  the  torture  and  murder  of  a  detainee  in  1994  (see  Section  I.e.). 

Courts  continue  to  investigate  the  "dirty  war"  against  terrorism,  during  which 
GAL  allegedly  was  responsible  for  bombings,  extrajudicial  killings,  and  kicmapings 
during  the  mid-1980's.  No  former  senior  officials  have  been  tried  yet,  but  investiga- 
tions into  specific  instances  of  murder  and  kidnaping  could  lead  to  eventual  trials 
of  such  individuals. 

Former  Interior  Minister  Jose  Barrionuevo  and  former  Secretary  of  State  for  Se- 
curity Rafael  Vera,  indicted  in  1996  for  kidnaping  and  other  charges  in  the  1983 
case  of  Segundo  Marey  and  the  "dirty  war"  against  ETA,  were  ordered  to  stand  trial 
although  their  trials  had  not  yet  begun  by  year's  end. 

Virtually  no  progress  was  registered  in  resolving  the  mid-1980's  cases  of  killings 
by  the  security  forces  of  Roman  Onaederra,  Mikel  Zabaltza,  Robert  Cap^anne,  and 
a  tramp  and  two  drug  addicts. 

ETA  continued  to  commit  human  right  abuses,  including  deliberate  and  arbitrary 
killings  and  hostage  taking.  As  of  December,  ETA  was  held  responsible  for  13 
deaths  during  the  year,  a  significant  increase  from  1996  during  whicn  5  people  were 
killed.  According  to  the  Minister  of  the  Interior,  ETA  forces  have  killed  763  persons 
since  1968.  The  Attorney  General  reported  that  groups  supporting  ETA  carried  out 
830  acts  of  sabotage,  numerous  disturbances,  and  attacks  on  persons,  property,  po- 
litical parties,  and  security  forces  in  1995,  a  300  percent  increase  since  1994  (latest 
available  statistics). 

On  January  8,  two  ETA  gunmen  shot  and  killed  army  Lieutenant  Colonel  Jesus 
Cuesta  Abril  in  front  of  his  house  in  Madrid.  On  January  30,  ETA  gunmen  shot  and 
killed  Eugenio  Olaziregi  Borda,  a  bicycle  salesman  in  San  Sebastian.  Olaziregi 
worked  in  a  shop  in  Oiartzun  where  ETA  terrorist  Valentin  Lasarte  bought  two  bi- 


1297 

cycles  before  he  was  arrested  in  March  1996  (Lasarte  was  sentenced  to  a  lengthy 
prison  term).  Olaziregi's  killing  was  apparently  based  on  the  supposition  that  he 
had  turned  Lasarte  in  and  served  as  a  warning  against  public  cooperation  in  the 
fight  against  ETA.  On  February  10,  ETA  gunmen  shot  and  killed  Supreme  Court 
judge  Rafael  Martinez  Emperador  in  Madrid.  The  same  day  ETA  set  on  a  car  bomb 
in  Granada  targeted  at  a  passing  air  force  van;  the  bomb  killed  Domingo  Puente, 
a  civilian  employee  of  Armilla  air  base,  and  its  explosion  wounded  eight  others.  On 
February  11,  ETA  gunmen  shot  and  killed  Francisco  Arratibel,  a  Basque  business- 
man, in  Tolosa,  Guipuzcoa.  ETA  had  accused  Arratibel  of  having  kept  $450,000  (60 
million  pesetas)  of  the  ransom  obtained  for  the  release  of  ETA  victim  Emiliano  Re- 
villa,  who  was  kidnaped  in  1988.  Arratibel,  who  was  sentenced  to  2  years  in  prison 
in  1994  for  his  intermediary  role,  escaped  a  previous  ETA  attempt  on  his  life  in 
1978  (a  result  of  his  father's  refusal  to  pay  ETA's  revolutionary  tax).  On  February 
17,  an  ETA  car  bomb  killed  Modesto  Kico,  a  national  policeman,  in  Bilbao.  On 
March  11,  ETA  forces  shot  and  killed  Javier  Elosegui,  an  employee  of  the  Martutene 

Erison  in  San  Sebastian.  On  April  24,  ETA  shot  and  killed  National  Police  Inspector 
uis  Andres  Samperio  Sanudo  in  Bilbao.  On  May  5,  ETA  members  shot  and  killed 
Civil  Guard  member  Jose  Manuel  Garcia  Fernandez  in  a  bar  in  Zierbana  in  Vizcaya 
province. 

On  July  10,  ETA  forces  kidnaped  Miguel  Angel  Blanco  Garrido,  a  councilman  of 
the  Popular  Party  in  the  town  of  Ermua  in  Vizcaya,  and  issued  an  ultimatum  to 
the  Government  that  it  would  kill  Blanco  if  the  Government  did  not  bring  all  ETA 
prisoners  back  to  the  Basque  country  within  48  hours.  On  July  12,  ETA  carried  out 
its  threat  and  killed  Blanco.  He  was  found  with  two  shots  to  the  head  and  his  hands 
and  feet  bound  in  a  wooded  area  near  Lasarte  in  Guipuzcoa.  His  death  in  a  hospital 
on  July  13  triggered  an  unprecedented  level  of  national  and  international  criticism 
of  ETA.  Mass  demonstrations  took  place  throughout  Spain,  with  a  march  of  an  esti- 
mated 1.5  million  people  in  Madrid,  1  million  in  Barcelona,  and  several  hundred 
thousand  people  in  other  provinces. 

On  Septemoer  6,  ETA  set  off  a  car  bomb  in  the  Basque  city  of  Basauri,  killing 
National  Police  officer  Daniel  Villar  Enciso.  The  39-year-old  officer  was  on  his  way 
to  work  when  the  explosion  went  ofi".  The  death  of  Villar  also  resulted  in  demonstra- 
tions throughout  many  major  cities  and  a  funeral  attendance  of  over  2,000  people, 
including  the  Minister  of  Interior.  On  October  15,  Ertzaintza  (Basque  police)  agent 
Xtema  Aguirre  died  after  being  shot  on  October  14  by  one  of  three  ETA  terrorists 
preparing  an  attack  on  the  new  Guggenheim  museum  in  Bilbao.  Aguirre  was  shot 
when  he  demanded  identification  from  the  men  after  he  verified  that  the  license 
plate  numbers  on  the  truck  they  were  driving  were  false.  The  men  had  planted  12 
grenades  in  launcher  tubes  in  a  garden  of  the  museum  with  the  intention  of  setting 
them  off  during  its  inauguration  in  the  presence  of  top  government  and  private  sec- 
tor figures,  including  King  Juan  Carlos. 

Following  the  announcement  of  the  sentence  of  23  HB  National  Committee  mem- 
bers on  December  2,  Floren  Aoiz,  one  of  the  convicted  committee  members,  warned 
that  the  sentence  "would  bring  consequences  and  they  would  be  serious  con- 
sequences." Four  days  later,  there  was  an  attempt  on  the  life  of  a  PP  town  council- 
woman  in  the  Basque  region,  Elena  Azpiroz;  ETA  subsequently  took  credit  for  the 
attack.  One  of  her  Dodyguards  was  injured  in  the  altercation.  (Jn  December  11,  64- 
year-old  PP  councilor  Jose  Luis  Caso  was  fatally  shot  in  the  head  in  a  bar  in  Irun 
in  the  Basque  region. 

Police  officials  and  the  press  continue  to  report  an  increase  in  ETA  youth  criminal 
activity,  including  the  continued  use  of  Molotov  cocktails  to  set  fire  to  homes,  busi- 
nesses, cars,  ana  political  party  offices  in  a  continuing  campaign  of  intimidation. 
During  the  year,  damage  by  Jarrai,  the  very  active  youth  wing  of  ETA,  was  ex- 
pected to  surpass  millions  of  dollars.  On  December  22,  an  ETA  youth  commando  ex- 
ploded a  homemade  bomb  in  the  residence  of  Carmen  Gurruchaga,  a  journalist  for 
El  Mundo,  one  of  the  most  popular  daily  newspapers.  The  inciaent  happened  the 
same  day  that  Gurruchaga  published  an  article  in  El  Mundo  revealing  the  possible 
presence  in  Cuba  of  Mikel  (Jtegi,  an  accused  murderer  in  hiding  from  Spanish  jus- 
tice. Although  no  one  was  injured  in  the  explosion,  the  bomb  contained  enough  ex- 
Slosives  to  have  killed  Gurruchaga  and  her  two  children,  who  were  also  inside  the 
ome  at  the  time  of  the  explosion. 

The  Government  utilized  special  antiterrorist  legislation  in  its  efforts  to  combat 
ETA.  It  continued  its  counteiierrorism  efforts  and  sought  tougher  extradition  rules 
from  countries  outside  Europe  where  ETA  terrorists  reside. 

In  June  the  French  judicial  system  sentenced  3  members  of  ETA's  "comando 
itinerante"  to  life  imprisonment  and  3  others  to  16  years'  imprisonment  for  their 

Sarticipation  in  21  terrorist  actions  between  1978  and  1989,  which  resulted  in  38 
eaths  and  dozens  of  injuries.  This  marked  the  first  time  that  ETA  members  were 


1298 

tried  in  France  for  crimes  committed  in  Spain,  although  many  ETA  members  have 
been  tried  in  France  for  violating  French  law.  France  and  Spain  continue  to  cooper- 
ate to  extradite  ETA  criminals,  primarily  from  France  to  Spain. 

There  are  several  organizations  dedicated  to  the  needs  and  concerns  of  victims  of 
terrorism,  among  them  the  Association  of  Terrorism  Victims  (AVT).  This  organiza- 
tion was  founded  in  1981  and  currently  serves  1,400  families  by  providing  legal  and 
psychological  counseling,  publishing  a  monthly  magazine,  and  carrying  out  other  ac- 
tivities. Government  funding  is  limited  to  $41,000  annually  provided  by  the  Min- 
istry of  Defense.  In  1996  the  Association  donated  $880,000  to  aid  victims. 

Some  victims  of  ETA  crimes  complain  that  the  Grovemment  has  ignored  them  or 
moved  too  slowly  in  compensating  them  for  their  losses.  In  June  the  AVT  held  a 
press  conference  to  commemorate  the  10th  anniversary  of  ETA's  bloodiest  terrorist 
action,  an  attack  in  a  Barcelona  shopping  center  that  resulted  in  21  deaths.  In  1996 
the  Supreme  Court  found  the  police  negligent  for  not  evacuating  shoppers  despite 
a  warning  from  ETA  1  hour  before  the  explosion.  The  Court  ordered  the  Govern- 
ment to  pay  a  total  of  $300,000  to  the  victims.  Alvaro  Cabrerizo,  who  lost  his  wife 
and  both  children  in  the  attack,  is  the  only  person  to  date  who  has  been  com- 
pensated. Thirty-one  families  have  cases  pending.  The  AVT  press  conference  pro- 
vided an  opportunity  for  victims  to  criticize  the  Government  for  not  carrying  out  its 
promise  of  compensation. 

On  December  2,  the  Supreme  Court  sentenced  23  members  of  the  National  Com- 
mittee of  HB  to  7  years  in  prison  each  for  violation  of  a  law  prohibiting  collaboration 
with  an  armed  band.  All  23  were  fined  $3,500  (500,000  pesetas).  The  charge  was 
based  on  the  Committee's  decision  to  distribute  a  video  made  by  ETA  during  HB's 
1996  election  campaign.  In  the  video,  masked  ETA  members  with  guns  on  the  table 
in  front  of  them  proposed  negotiating  Basqrue  self-determination  with  the  Govern- 
ment. Mainstream  Basque  (not  Spanish)  political  leaders  charge  that  the  sentences 
were  politically  motivated  and  the  result  of  pressure  by  the  Government  on  the 
Court  to  convict. 

Argentine  naval  officer  Adolfo  Scilingo  has  been  in  prison  since  October  10,  when 
he  presented  himself  to  National  High  Court  judge  Baltazar  Garzon  and  offered  his 
cooperation  in  the  investigation  of  the  disappearance  of  600  Spaniards  in  Argentina 
during  the  Dirty  War  conducted  by  the  dictatorship  there  between  1976  and  1983. 
On  December  30  Garzon  issued  charges  against  another  36  Argentine  military  and 
police  ofiicials,  whose  names  were  provided  by  Scilingo.  They  join  hundreds  already 
charged.  The  Chief  Prosecutor  of  the  National  High  Court,  Eduardo  Fungairino,  and 
the  Attorney  General,  Jesus  Cardenal,  both  expressed  the  opinion  late  in  the  year 
that  the  Court  did  not  have  jurisdiction  in  the  cases  brought  by  judges  Garzon  and 
Manual  Garcia  Castellon,  who  heads  a  similar  case  involving  the  disappearance  of 
Spaniards  in  Chile.  The  Socialist  Party  called  for  the  Government  to  fire  both 
Fungairino  and  Cardenal  for  their  stance  in  the  cases. 

b.  Disappearance. — Since  1970  ETA  has  kidnaped  76  people.  It  is  estimated  that 
ETA  has  obtained  more  than  $33  million  from  the  kidnapings.  Since  1982  only  five 
hostages  were  set  free  due  to  successful  police  intervention;  nine  were  killed  during 
the  process  of  negotiation. 

On  July  1,  the  Civil  Guard  located  and  rescued  Jose  Antonio  Ortega  Lara,  a  pris- 
on oflicial  from  Burgos  kidnaped  by  ETA  on  January  17,  1996.  Ortega  Lara  spent 
a  total  of  532  days  in  captivity,  maJcing  him  the  longest  serving  ETA  hostage.  ETA 
had  conditioned  Ortega  Lara's  release  on  a  reversal  of  the  Government's  policy  of 
dispersal  of  the  approximately  500  ETA  prisoners  throughout  Spain.  In  return  for 
Ortega  Lara's  release,  ETA  called  on  the  authorities  to  abandon  what  it  defined  as 
their  strategy  of  repression  of  Basque  prisoners,  saying  that  in  return  it  would  be 
prepared  to  make  an  "equivalent  gesture."  ETA  stated  that  if  the  Government  com- 

f)lied  with  its  demand,  prison  officers  would  cease  to  be  the  object  of  its  actions.  Fol- 
owing  Ortega  Lara's  release,  the  authorities  learned  that  the  terrorists  who  were 
holding  Ortega  Lara  had  instructions  to  either  kill  him  or  let  him  die  of  starvation 
if  the  Government  did  not  change  its  policy  on  ETA  prisoners.  Ortega  Lara  was  kept 
in  a  cramped  and  humid  underground  cell  in  a  warehouse  on  a  river  bank.  Upon 
release,  he  was  found  to  have  lost  50  pounds  and  was  suffering  from  malnutrition, 
muscle  waste,  and  impaired  vision. 

Hours  before  Ortega  Lara  was  rescued,  Cosme  Delclaux  Zubriria,  a  lawyer  and 
son  of  a  wealthy  Basque  businessman,  was  found  tied  to  a  tree  near  Elorrio  follow- 
ing an  anonymous  call  to  a  regional  Basque  newspaper.  Taken  hostage  by  ETA  for 
ransom  on  November  11,  1996,  from  his  place  of  work  in  Zamudio,  Vizcaya,  his  kid- 
naping coincided  with  a  renewed  campaign  by  ETA  to  raise  funds  through  the  so- 
called  "revolutionary  tax."  He  was  set  free  on  July  1  by  ETA  after  232  days  in  cap- 
tivity. His  family  paid  a  ransom  of  $6.7  million  and  promised  to  pay  an  additional 
$3.35  million  after  his  release. 


1299 

On  July  10  ETA  kidnaped  Miguel  Angel  Blanco  Garrido,  a  local  town  councilor 
for  the  ruling  Popular  Party  in  Elrmua.  ETA  issued  a  statement  threatening  to  exe- 
cute the  29-^ear-old  man  unless  the  Government  met  its  demands  to  relocate  some 
500  ETA  prisoners  near  their  homes.  Blanco  was  shot  on  July  12  and  died  in  a  hos- 
pital the  next  day  (see  Section  l.a.). 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  such  acts.  Nonetheless,  suspects  charged  with  terrorism  assert 
that  they  have  been  abused  during  detention,  and  similar  charges  are  sometimes 
made  by  other  detainees. 

On  November  20,  the  United  Nations  Committee  Against  Torture  released  a  se- 
ries of  recommendations  regarding  the  problem  of  torture  in  Spain.  The  report 
pointed  to  documented  cases  of  torture  tnat  reached  the  courts  and  that  in  some 
instances  took  up  to  15  years  to  be  resolved.  Among  other  criticisms  were  the  inabil- 
ity of  prisoners  held  incommunicado  to  choose  their  own  attorney  and  concern  over 
complaints  lodged  throughout  the  year  of  xenophobia  and  racism  against  immi- 
grants. 

Nongovernmental  organizations  and  the  media  also  continue  to  accuse  the  secu- 
rity forces  of  occasional  human  rights  abuses  and  brutality.  Amnesty  International 
(AI)  expressed  concern  in  1996  over  "numerous  reports  ...  of  ill-treatment  and 
even  torture  inflicted  on  persons  suspected  of  acts  of  terrorism  by  members  of  the 
security  forces."  AI  said  tnat  investigations  into  such  allegations  were  "not  always 
systematically  carried  out  by  the  public  authorities"  and  that  members  of  the  secu- 
rity forces  found  guilty  of  torture  or  mistreatment  and  sentenced  to  imprisonment 
were  "often  pardoned  or  released  early,  or  simply  do  not  serve  the  sentence."  AI  rec- 
ommended that  the  Government  "establish  transparent  and  equitable  procedures  for 
conducting  independent  investigations  into  complaints  of  ill-treatment  and  torture" 
and  urged  the  prosecution  ana  appropriate  punishment  of  officials  found  to  have 
committed  such  acts.  It  also  suggested  that  comprehensive  human  rights  training 
be  provided  to  law  enforcement  and  prison  officers. 

According  to  a  1996  study  completed  by  the  Spanish  Association  Against  Torture 
(AAT),  there  were  271  accusations  of  torture  in  1995  (latest  available  statistics).  The 
report,  published  yearly,  reflects  statistics  from  the  previous  year. 

On  March  11,  captured  terrorist  Fernando  Elejalde  Tapia  was  taken  into  custody 
by  three  officers  of  the  National  Police  immediately  after  the  fatal  shooting  of  a  pris- 
on psychologist  in  the  Basque  region.  He  was  held  under  the  provisions  of 
antiterrorist  legislation.  Two  days  later  he  received  medical  attention  for  a  per- 
forated eardrum,  four  broken  vertebrae,  bruises  all  over  his  body,  blackened  eyes, 
a  kidney  malfunction,  and  semiconsciousness.  An  inquiry  by  the  Interior  Ministry 
concluded  that,  contrary  to  Elejalde's  claim,  no  torture  or  mistreatment  took  place 
while  he  was  under  police  supervision  and  that  his  injuries  were  a  result  of  the  cir- 
cumstances of  the  arrest.  While  fleeing  pursuing  officers,  Elejalde  was  struck  by  a 
car,  and  he  offered  fierce  resistance  when  they  caught  up  with  him.  The  Minister 
of  Interior  accepted  the  resignation  of  the  provincial  governor  and  dismissed  the  San 
Sebastian  police  chief  over  their  failure  to  inform  the  Government  of  Elejalde's  se- 
vere injuries  and  to  ensure  that  he  received  medical  attention  sooner.  The  Minister 
of  Interior  maintained  afterwards  that  there  was  "no  torture  nor  abuse  here.  .  .  ." 
The  Basque  Nationalist  Party  (PNV)  and  the  United  Left  Party  (lU)  complained 
that  Elejalde  was  forced  to  make  declarations  under  extreme  pain.  In  January  1998 
a  judge  ruled  that  Elejalde  had  not  been  tortured  by  the  police. 

On  November  8,  1996,  a  protected  witness  in  the  investigation  of  GAL  crimes 
claimed  that  he  was  abducted  from  a  gas  station  and  taken  to  a  beach  where  he 
was  handcuffed  and  beaten  severely.  He  claims  to  have  suffered  repeated  cigarette 
bums,  sodomization,  and  death  threats  to  his  family.  A  copy  of  the  judge's  order  re- 
questing that  he  be  given  extra  protection  was  forced  into  his  mouth.  A  medical  ex- 
amination confirmea  that  his  injuries  were  consistent  with  the  allegations  of  tor- 
ture, including  22  cigarette  burns  and  lacerations  in  the  rectal  area.  The  victim 
identified  one  of  his  abusers  as  wearing  sf>ecial  black  latex  gloves  that  are  issued 
to  the  special  forces.  This  information  generated  an  inquiry,  and  the  Minister  of  the 
Interior  later  admitted  that  there  had  been  insufficient  measures  of  security  rec- 
ognizing a  "collective  failure  of  the  state  of  law"  but  denied  that  the  assault  was 
a  result  of  negligence.  This  incident  coincided  with  other  reports  of  verbal  threats 
and  assaults  against  other  witnesses,  jurists,  and  lawyers  involved  in  the  different 
inquiries  into  the  operations  of  GAL.  Amnesty  International,  in  a  March  report,  ex- 
pressed concern  at  the  failure  to  protect  witnesses  in  the  GAL  investigation  and 
urged  the  Government  to  guard  important  witnesses. 

In  September  AI  expressed  concern  over  allegations  of  police  brutality  against  17- 
year-ola  Ivan  Gonzalez  Polanco.  According  to  testimony,  Ivan  was  riding  his  motor- 
cycle around  the  center  of  Badajoz  on  January  15  when  a  police  officer  signaled  him 


i" 


1300 

to  stop.  When  he  gradually  slowed  to  a  stop  in  the  officer's  direction,  he  was  re- 
buked for  not  stopping  immediately  and  shoved  to  the  ground.  After  an  argument, 
he  was  allegedly  beaten  and  his  nose  broken.  Requests  by  the  family  of  the  victim 
that  the  oflicers  involved  take  a  breathalyzer  test  and  to  lodge  a  formal  complaint 
were  denied.  The  family  was  obliged  to  wait  and  make  the  complaint  in  court  on 
January  17.  By  this  time  the  police  officer  had  filed  his  own  complaint  against  the 
victim. 

In  November  a  court  in  Vizcaya  sentenced  three  members  of  the  Civil  Guard  to 
4  years  in  prison  and  6  years  of  'inhabilitacion  especial"  (a  ban  on  any  public  sector 
employment)  for  their  participation  in  the  torture  of  Kepa  Urra  Guridi.  The  court 
absolved  three  other  members  of  the  Civil  Guard.  The  torture  was  committed  in  the 
victim's  home  on  January  29,  1992,  while  Urra  was  detained  on  charges  of  collabo- 
rating with  ETA.  Urra  was  found  guilty  on  March  25,  1996,  along  with  several  other 
ETA  members,  for  his  role  in  the  1992  death  of  National  Police  officer  Jose  Ansean. 

In  December  1996  a  Barcelona  court  acquitted  members  of  the  Civil  Guard  of  the 
torture  and  murder  of  a  detainee,  Jorge  Xurigue,  in  1994.  The  officers  claim  that 
the  detainee  attempted  to  escape  and  had  to  be  subdued.  The  victim  died  of  a  cere- 
bral hemorrhage  following  a  blow  to  the  temple.  The  provincial  court  found  that  the 
two  officers  kicked  and  beat  the  victim  while  he  was  on  the  ground.  However,  the 
court  was  unable  to  identify  with  certainty  which  of  the  two  officers  delivered  the 
fatal  blow.  The  court  acquitted  both  defendants  of  the  charges  of  murder,  homicide, 
falsifying  an  official  document,  and  torture.  In  1997  the  plaintiffs  appealed  the  case 
to  the  Supreme  Court. 

In  March  a  Madrid  court  sentenced  four  officers  of  the  National  Police  to  3 
months'  imprisonment  and  1  year's  suspension  from  duty  for  torturing  Enrique 
Erreguerena  in  1982.  Erreguerena  is  to  receive  $7,000  compensation.  The  officers 
were  acquitted  of  illegally  detaining  him  and  denying  him  his  rights.  Erreguerena, 
who  was  suspected  of  ETA -related  crimes,  was  held  incommunicado  for  10  days 
under  the  antiterrorist  legislation  in  force  since  1982.  Upon  appearing  in  court,  the 
judge  ordered  immediate  medical  attention  for  him.  He  later  complained  that  he 

aa  been  beaten,  plunged  in  a  bath  until  near  the  p>oint  of  drowning,  and  given  elec- 
tric shocks  to  his  penis.  In  1986  the  then  director  of  state  security  refused  to  provide 
information  requested  by  the  magistrate  investigating  the  case.  In  1993,  some  11 
years  after  the  events,  six  ofiicers  were  charged  with  torturing  Erreguerena.  How- 
ever, the  trial  was  postponed  several  times  lor  a  variety  of  reasons,  including  the 
holiday  leave  of  one  of  the  accused. 

In  April  the  provincial  court  in  Vizcaya  acquitted  eight  National  Police  ofiicers  on 
1987  charges  of  torturing  two  men  suspected  of  ETA  crimes.  Both  men  suffered  le- 
sions on  their  bodies.  The  officers  claimed  that  the  injuries  resulted  when  the  men 
attempted  to  flee  and  that  they  had  acted  appropriately  and  used  reasonable  force. 

In  April  the  Federal  Union  of  Police  (UFP)  ancl  the  Unified  Union  of  Police  (SUP) 
submitted  a  complaint  to  the  Audencia  provincial  court  protesting  its  decision  in  a 
March  1993  case.  The  court  had  sentenced  two  agents  and  one  inspector  for  the 
beating  of  two  Peruvian  immigrants  to  5  weekends  of  house  arrest  and  IVz  years 
in  jail  respectively.  The  UFP  that  claims  the  verdict  only  reflected  the  immigrant's 
version  and  excluded  the  testimony  of  the  agents  and  other  witnesses. 

There  was  no  apparent  progress  in  the  case  of  four  policemen  charged  with  the 
rape  of  a  Brazilian  tourist  in  March  1996.  Nor  was  there  progress  in  the  trial  of 
14  Civil  Guards  of  the  Colmenar  Viejo  barracks  accused  oi  torturing  3  youths  in 
1994  following  their  arrest  after  a  violent  confrontation  in  a  bar.  The  judicial  inves- 
tigation of  allegations  of  torture  in  the  case  of  several  persons  arrested  in  1992  and 
accused  of  collaboration  with  ETA  dragged  on  at  year's  end. 

Prison  conditions  generally  meet  minimum  international  standards.  The  Council 
of  Europe's  Committee  for  the  Prevention  of  Torture  (CPT)  made  formal  visits  to 
inspect  prisons  in  1991  and  1994,  and  an  ad  hoc  visit  in  June  1994.  In  March  1996, 
after  a  long  delay,  the  Government  finally  agreed  to  the  1997  publication  of  the 
CPTs  reports  on  its  visits  along  with  the  Government's  response.  The  CPT  reports 
expressed  concern  over  the  continued  use  in  the  last  5  years  of  less  severe  methods 
of  mistreatment,  such  as  "punches,  kicks,  blows,  and  verbal  insults." 

The  public  defender  in  his  1997  report  found  only  four  cases  in  1996  of  mistreat- 
ment in  prisons.  He  noted  the  rise  of  drug  addiction  and  AIDS  in  the  prison  popu- 
lation and  the  need  for  implementing  better  rehabilitation  programs. 

Allegations  of  mistreatment  of  ETA  prisoners  arose  after  the  suicide  deaths  of 
three  individuals  associated  with  ETA  (see  Section  l.a.). 

On  December  8,  the  Minister  of  Interior  agreed  to  move  15  convicted  ETA  crimi- 
nals dispersed  throughout  various  prisons  to  prisons  located  in  or  near  the  Basque 
region.  This  move  was  consistent  with  the  new  prison  policy  agreed  to  by  the  Min- 
ister of  Interior  and  delegates  from  the  Basque  parliament  human  rights  committee 


1301 

on  November  20.  The  new  policy  is  to  be  carried  out  on  a  case-by-case  basis  and 
only  upon  the  denunciation  of  ETA  terrorism  by  each  potential  prisoner  to  be  trans- 
ferred. 

The  same  Basque  committee  sent  a  delegation  of  four  of  its  members  in  February 
to  visit  ETA  prisoner  Juan  Lorenzo  Lasa  Mitxelena.  He  had  been  detained  in 
France  in  1985,  was  later  extradited  to  Spain,  where  he  was  accused  of  six  murders, 
tried,  and  sentenced  to  more  than  200  years'  imprisonment.  The  committee's  delega- 
tion called  on  Mitxelena  in  his  capacity  as  spokesperson  for  ETA  prisoners  to 
present  a  plan  approved  by  the  committee  calling  on  the  Government  to  transfer 
826  Basque  prisoners,  including  about  550  ETA  prisoners,  to  14  prisons  situated 
within  a  300  kilometer  radius  of  the  Basque  country.  The  committee's  plan  was  re- 
jected by  Mitxelena  as  insufficient.  Mitxelena  insisted  that  ETA  wants  all  of  its  pris- 
oners brought  to  the  four  prisons  in  the  Basque  country  and  Navarre. 

In  September  the  U.N.  Human  Rights  Commission  (UNHRC)  rejected  all  the  pro- 
ceedings initiated  by  those  close  to  ETA  against  the  Government's  dispersion  of  ETA 
prisoners  to  jails  outside  the  Basque  country.  The  Commission  specifically  rejected 
two  complaints  against  the  order  to  imprison  Jon  Idigoras  (a  member  of  HB)  and 
one  action  presented  by  a  nongovernmental  organization,  the  Association  for  the 
Prevention  of  Torture,  against  the  policy  of  dispersion  of  ETA  prisoners.  Carlos 
Iturgaiz,  the  President  of  the  Popular  Party  in  the  Basque  country,  reacted  to  the 
U.N.  Commission's  decision  by  encouraging  the  political  parties  that  had  lodged 
complaints  about  the  Government's  prison  policy  to  "withdraw  any  action  against 
the  Spanish  government." 

The  Government  permits  visits  by  human  rights  monitors,  including  the  Euro- 
pean Committee  for  the  Prevention  of  Torture. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention,  and  the  authorities  respect  these  provisions  in  practice. 

A  suspect  may  not  be  held  more  than  72  hours  without  a  hearing  except  in  cases 
involving  terrorism.  The  Penal  Code  permits  holding  a  suspected  terrorist  an  addi- 
tional 2  days  without  a  hearing,  as  well  as  the  possibility  of  incommunicado  deten- 
tion for  such  persons,  provided  that  a  judge  authorizes  such  action.  Many  requests 
for  extensions  and  incommunicado  detention  contain  only  the  minimal  necessary  de- 
tails. The  U.N.  Committee  Against  Torture  and  AI,  in  its  1997  report,  expressed 
concern  over  incommunicado  detention  and  the  suspension  of  procedural  rights, 
such  as  the  initial  denial  of  selection  of  free  legal  counsel  that  antiterrorist  legisla- 
tion permits. 

The  law  on  aliens  permits  detention  of  a  person  for  up  to  40  days  prior  to  deporta- 
tion but  sjjecifies  that  it  must  not  take  place  in  a  prisonlike  setting. 

The  Constitution  prohibits  exile,  and  the  Government  respects  this  provision  in 
practice. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  judiciary  is  independent  in  practice. 

A  group  of  opposition  political  parties  plans  to  accuse  the  Government  of  unwar- 
ranted interference  in  the  judiciary  before  a  European  Union  tribunal.  The  charge 
stems  from  perceived  government  avoidance  of  proper  procedures  in  the  appoint- 
ment of  prosecutors. 

The  judicial  structure  consists  of  territorial,  provincial,  regional,  and  municipal 
courts  with  the  Supreme  Court  at  its  apex.  The  Constitutional  Court  protects  con- 
stitutional rights,  but  there  is  no  clear  distinction  between  its  jurisdiction  and  that 
of  the  Supreme  Court  on  some  issues,  nor  is  it  clear  which  has  ultimate  authority. 
A  National  High  Court  handles  cases  involving  crimes  such  as  terrorism  and  drug 
trafficking.  The  European  Court  of  Human  Rignts  is  the  final  arbiter  in  cases  con- 
cerning human  rights. 

A  nine-person  jury  system  was  established  in  1995,  and  the  first  cases  were  tried 
in  1996.  In  June  the  verdict  in  a  jury  trial  was  annulled  for  the  first  time.  The 
Catalonian  superior  court  of  justice  ordered  a  retrial  after  discovering  that  a  mag- 
istrate had  committed  irregularities  that  ultimately  affected  the  final  outcome. 

The  entire  Penal  Code  was  revised  in  1996.  Changes  included  the  restructuring 
of  the  criminal  justice  system,  the  introduction  of  modem  offenses  and  white-collar 
crimes,  an  increase  in  the  penalties  for  fraud  offenses,  a  rise  in  the  legal  age  at 
which  an  individual  may  be  tried  for  a  criminal  offense  from  16  to  18  years,  the 
establishment  of  other  new  offenses  (including  domestic  violence  and  sexual  harass- 
ment), and  the  authorization  of  judges  to  fine  individuals  with  reference  to  their 
wealth.  The  new  code  also  allows  judges  more  flexibility  in  sentencing.  It  eliminates 
the  longstanding  tradition  of  granting  credits  toward  early  release  for  good  behavior. 
The  maximum  penalty  for  any  one  offense  under  the  new  code  is  25  years,  and  the 
maximum  time  a  person  can  continuously  serve  is  30  years,  regardless  of  the  cumu- 


1302 

lative  total  of  sentences.  Judges  can  now  deport  foreigners  sentenced  to  6  years  or 
less. 

The  Constitution  provides  for  the  right  to  a  fair  public  trial,  and  the  authorities 
respect  this  right  in  practice.  Defendants  have  the  nght  to  be  represented  by  an  at- 
torney (at  state  expense  for  the  indigent).  They  are  released  on  bail  unless  the  court 
has  some  reason  to  believe  that  thev  may  flee  or  be  a  threat  to  public  safety.  The 
law  calls  for  an  expeditious  judicial  nearing  following  airest.  However,  the  Associa- 
tion of  Victims  of  Terrorism  and  others  have  protested  delays  in  the  judicial  process. 
By  law  suspects  may  not  be  confined  for  more  than  2  years  before  being  brought 
to  trial,  unless  a  further  delay  is  authorized  by  a  judge,  who  may  extend  pretrial 
custody  to  4  years. 

In  practice  pretrial  custody  is  usually  less  than  1  year;  however,  criticism  is  heard 
in  legal  circles  that  some  judges  use  '  preventive  custody"  as  a  form  of  anticipatory 
sentencing.  In  cases  of  petty  crime,  suspects  released  on  bail  sometimes  wait  up  to 
5  years  for  trial.  It  is  estimated  that  25.8  percent  of  the  prison  population  is  await- 
ing trial. 

Following  conviction,  defendants  may  appeal  to  the  next  higher  court.  Human 
rights  groups  such  as  the  Association  Against  Torture  and  members  of  the  press 
complam  that  many  persons  convicted  of  human  rights  offenses  of  have  avoided  ju- 
dicial sentencing  by  prolonging  the  appeals  process  and  that  their  sentences  are  un- 
duly light.  According  to  Amnesty  International,  custodial  sentences  of  less  than  1 
year  and  1  day  are  customarily  not  served  in  such  cases. 

In  January  the  European  Court  of  Human  Rights  issued  its  judgment  in  the  De- 
cember 1996  case  of  Sa)tt  v.  Spain.  The  plaintin,  a  British  citizen,  was  arrested  on 
March  5,  1990,  on  suspicion  of  raping  a  Finnish  woman  in  Puerto  de  la  Cruz, 
Tenerife.  He  was  kept  in  detention  for  over  4  years  in  connection  with  the  rape 
charges  and  with  a  request  for  extradition.  The  court  awarded  the  plaintiff  legal 
costs  and  expenses. 

In  June  two  Moroccans  were  acquitted  on  charges  of  rape.  The  judge  ruled  that 
DNA  samples  taJcen  from  the  victims  did  not  match  either  of  the  accused.  Both 
maintained  their  innocence  from  the  beginning  and  participated  in  several  hunger 
strikes  during  their  5-year  stay  in  prison. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  privacy  of  the  home  and  correspondence.  Under  the 
Criminal  Code,  government  authorities  must  obtain  court  approval  before  searching 
private  property,  wiretapping,  or  interfering  with  private  correspondence.  The 
present  antiterrorist  law  gives  discretionary  authority  to  the  Minister  of  Interior  to 
act  prior  to  obtaining  court  approval  in  "cases  of  emergency." 

Investigation  continues  into  allegations  of  wiretapping  by  the  National  Intel- 
ligence Agency  (CESID)  of  private  telephone  conversations  made  by  the  King,  var- 
ious ministers,  and  other  prominent  figures  between  1980  and  1991.  The  Minister 
of  Defense,  the  Vice  President,  and  CESID's  chief  resigned  in  1995,  after  related 
government  documents  were  leaked  to  the  press.  A  judge  closed  the  case  in  Feb- 
ruary 1996.  However,  in  May  1996,  a  provincial  court  revoked  that  decision  and  or- 
dered the  judge  to  reopen  the  case.  Investigations  continued  throughout  the  year. 

CESID  has  also  been  linked  to  the  investigations  of  GAL  crimes.  A  judge  in  one 
GAL  investigation  found  lists  of  CESID  documents  relating  to  GAL  in  the  prison 
cell  of  the  former  director  of  operations  of  CESID,  which  were  subsequently  leaked 
to  the  press.  Based  on  the  lists,  the  judge  requested  16  official  secret  documents 
from  CESID,  which  allegedly  contain  information  about  GAL  crimes.  The  Govern- 
ment declassified  and  released  13  of  the  documents;  the  investigation  continues. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  respects  these  provisions  in  practice.  Opposi- 
tion viewpoints,  both  from  political  parties  and  nonpartisan  organizations,  are  freely 
aired  and  widely  reflected  in  the  media. 

In  September  a  bullfighting  fan  was  fined  $1,400  for  calling  the  commissioner  of 
the  bullfight  "tonto"  (dumb)  during  a  bullfight  and  for  doing  it  in  the  presence  of 
a  large  crowd  that  included  King  Juan  Carlos.  The  year  before  the  same  fan  was 
fined  $270  for  a  similar  outburst. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  (jovernment  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  The  (jovemment  treats  various  religions 
in  different  ways.  Catholicism  is  the  predominant  religion  and  enjoys  the  closest  of- 


1303 

ficial  relationship  as  well  as  the  most  benefits.  Jews,  Muslims,  and  Protestants  (the 
latter  a  confederation  of  many  faiths)  also  have  official  status  but  enjoy  fewer  privi- 
leges. These  religions  have  bilateral  agreements  with  the  Government.  Other  recog- 
nized religions,  such  as  Jehovah's  Witnesses  and  Mormons,  are  covered  by  constitu- 
tional protections  but  have  no  special  agreements  with  the  Government.  Religions 
not  omcially  recognized,  such  as  the  Church  of  Scientology,  are  treated  as  cultural 
associations.  There  are  over  15,000  Jews  and  300,000  Muslims  in  Spain,  although 
most  of  the  latter  are  transient  and  dispersed.  Religion  courses  are  offered  in  public 
schools  but  are  not  mandatory. 

In  September  the  Government  approved  $570,000  for  the  Catholic  Church  and  an- 
other $100,700  for  the  Protestant  Evangelical  Council.  The  President  announced 
that  efforts  were  made  during  the  year  to  open  talks  with  the  Jewish  and  Muslim 
communities  so  that  they  might  be  eligible  lor  funding  in  the  next  fiscal  year.  The 
Jewish  and  Protestant  groups  refuse  funding;  the  Muslims  are  not  eligible  at 
present. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  are  free  to  travel  within  and  outside  the  country,  to  emigrate, 
and  to  repatriate.  The  Government  respects  these  rights  in  practice. 

The  Government  cooperates  with  the  U.N.  High  Commissioner  for  Refugees 
(UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees.  A  recent  asy- 
lum law  (passed  in  1994  and  modified  in  1995)  brought  refugee  and  asylum  cases 
together  and  gave  full  power  to  adjudicate  them  to  the  Office  of  Asylum  and  Refu- 
gees (OAR),  a  branch  of  the  Ministry  of  the  Interior,  but  also  mandates  that  cases 
can  be  referred  to  the  UNHCR  for  appeal.  Asylum  requests  can  be  made  only  at 
the  point  of  entry,  and  applicants  are  detained  until  the  case  is  resolved.  Negative 
rulings  must  be  made  within  72  hours,  but  the  asylum  seeker  has  an  additional  24 
hours  in  which  to  make  an  appeal.  No  provisions  are  made  for  detainees  to  have 
access  to  translators  or  lawyers.  Since  1994  the  revised  law  has  caused  a  major  drop 
in  the  numbers  of  both  reauests  for,  and  grants  of,  asylum.  During  the  first  6 
months  of  1996,  only  110  oi  1,638  applications  for  asylum  were  approved  and  an 
additional  98  humanitarian  asylum  applications  were  approved  (latest  available  sta- 
tistics). The  were  no  instances  of  forcible  repatriation  of  refugees  during  the  year. 

Spain  continues  to  face  a  wave  of  illegal  immigrants  coming  across  the  strait  of 
Gibraltar.  In  September  the  Ombudsman  called  for  the  urgent  creation  of  a  commit- 
tee to  address  immigration  issues.  It  is  estimated  that  more  than  10,000  illegal  im- 
migrants were  caught  in  1996,  the  majority  in  Andalucia  in  southern  Spain.  Au- 
thorities say  that  under  "normal"  circumstances  they  intercept  no  more  than  30  per- 
cent of  those  who  enter  through  that  zone.  In  response,  the  Government  is  resorting 
to  a  mix  of  tighter  border  controls,  liberalized  treatment  for  those  who  have  already 
established  themselves  in  society,  and  increased  international  coordination. 

In  March  the  police  dismantled  an  illegal  smuggling  ring  run  by  nine  Polish  citi- 
zens. In  a  single  year  of  operation,  the  group  was  responsible  for  bringing  in  over 
2,500  Polish  women  to  work  as  domestic  servants.  Detained  in  connection  with  the 
ring  were  9  men  and  16  women. 

In  August  and  September  there  were  several  reports  of  accidental  deaths  involv- 
ing Moroccan  men  attempting  to  enter  Spain  illegally.  Criminal  gangs  have  been 
implicated  in  the  deaths;  they  run  smu^ling  rings  in  which  would-be  immigrants 
are  charged  enormous  fares  and  then  packed  into  poorly  ventilated  and  unsafe  boats 
or  containers  to  be  brought  into  Spanish  territory. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Spain  is  a  multiparty  democracy  with  open  elections  in  which  all  citizens  18  years 
of  age  and  over  have  the  right  to  vote  by  secret  ballot  for  Parliament.  Elections  are 
helaat  least  every  4  years.  In  the  1996  national  elections,  the  Popular  Party  ended 
14  years  of  Socialist  government,  and  Jose  Maria  Aznar  became  Prime  Minister. 

Governmental  power  is  shared  between  the  central  government  and  17  regional 
"autonomous  communities."  Local  nationalist  parties  give  political  expression  to  re- 
gional linguistic  and  cultural  identities. 

Women  are  increasing  their  participation  in  the  political  process.  The  number  of 
female  candidates  increased  in  the  1996  national  elections,  out  under  the  electoral 
system  the  percentage  of  votes  won  determines  the  number  of  candidates  elected 
from  the  party  list.  Many  women  were  placed  in  the  lower  half  of  the  list.  As  a  con- 
sequence of  this  electoral  system,  the  number  of  women  elected  has  never  reached 
25  percent.  Women  hold  19  percent  of  parliamentary  seats.  The  350-member  Cham- 
ber of  Deputies  has  72  female  representatives  (22  percent  of  the  total),  and  the  256- 
member  Senate  has  27  (10.4  percent  of  the  total).  The  Ministers  of  Justice,  Agri- 
culture, Education  and  Culture,  and  Environment  are  women. 


1304 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  number  of  nangovemmental  human  rights  groups,  including  the  Human  Rights 
Association  of  Spain  in  Madrid  and  the  Human  Rights  Institute  of  Catalonia  in  Bar- 
celona, operate  freely  without  government  interference.  The  Government  cooperates 
readily  with  international  organizations  investigating  allegations  of  human  rights 
abuses  (such  as  the  European  Commission  of  Human  Rights)  and  international  non- 
governmental human  rignts  groups,  as  well  as  with  independent  national  groups. 

The  Constitution  provides  for  an  Ombudsman,  called  the  "People's  Defender",  wno 
actively  investigates  complaints  of  human  rights  abuses  by  the  authorities.  The  Om- 
budsman operates  independently  from  any  party  or  government  ministry,  must  be 
elected  every  5  years  by  a  three-fifths  majority  of  congress,  and  is  immune  from 
prosecution.  He  has  complete  access  to  government  institutions  and  to  documents 
not  classified  secret  for  national  security  reasons. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equal  rights  for  all  citizens.  The  Office  of  the  Peo- 
ple's Defender  received  approximately  22,000  complaints^  in  1996  (latest  information 
available).  While  the  majority  of  the  complaints  pertained  to  education  and  social 
services,  increases  were  registered  in  complaints  of  racism,  domestic  violence,  and 
mistreatment  by  law  enforcement  agencies. 

Women. — Sexual  abuse,  violence,  and  harassment  of  women  in  the  workplace  con- 
tinued to  be  problems.  On  December  19,  the  government  spokesman  urged  victims 
of  sexual  and  domestic  abuse  to  report  their  cases  and  promised  legislative  reforms. 
His  announcement  and  subsequent  protests  in  Granada  and  Madrid  were  reactions 
to  the  death  due  to  domestic  violence  of  the  60th  woman  during  the  year.  The 
deaths  in  1997  total  5  less  than  in  1996,  15  more  than  in  1995,  and  18  more  than 
in  1994.  In  1997  the  mistreatment  or  threat  of  mistreatment  of  women  was  the  sub- 
ject of  18,860  complaints;  in  1996  the  comparable  number  was  16,738.  Experts  be- 
lieve that  only  10  percent  of  violent  acts  against  women  are  reported  to  authorities. 
Some  nongovernmental  organizations  (NGO's)  estimate  that  about  600,000  to 
800,000  cases  of  abuse  occur  each  year.  Almost  2,000  women  were  sheltered  incog- 
nito during  the  year.  In  a  1996  study  in  which  1,800  women  were  interviewed,  15 
percent  admitted,  to  having  suffered  some  type  of  physical  or  sexual  abuse. 

During  December  there  were  several  attempts  on  the  lives  of  women  by  their  hus- 
bands. In  one  particularly  gruesome  incident,  on  December  17  in  Granada  60-year- 
old  Ana  Orantes  was  badly  beaten,  then  doused  with  gasoline  and  set  on  fire  by 
her  61-year-old  ex-husband,  Jose  Parejo.  On  December  4  she  had  appeared  on  a  tel- 
evision talk  show  and  testified  to  20  years  of  domestic  abuse  by  her  husband.  On 
December  19,  a  30-year-old  man  attempted  to  run  over  his  21-year-old  wife,  who 
was  carrying  their  small  child  into  a  day  care  center  when  he  drove  toward  them 
in  the  ambulance  that  he  drove  for  a  private  ambulance  company.  The  wife  and 
child  found  refuge  inside  the  day  care  center,  at  which  point  the  husband  unsuccess- 
fuDy  attempted  to  break  into  the  building.  On  December  19,  Madrid  police  officials 
discovered  the  body  of  Olga  Santos  inside  the  store  she  owned.  Santos  died  from 
multiple  stab  wounds  inflicted  by  her  ex-boyfriend,  who  then  committed  suicide. 
That  same  day  in  Isla  Cristina  (Huelva),  42-year-old  Rafael  Faneca  attempted  to  set 
fire  to  his  home  with  his  wife  and  two  young  children  inside. 

Various  women's  organizations  urge  reform  of  the  Penal  Code  to  include  tougher 

gunishment  for  the  perpetrators  of  domestic  abuse  and  crime.  The  Federation  of 
eparated  and  Divorced  Women  is  pushing  for  modifications  in  the  Penal  Code  to 
make  the  issuance  of  a  restraining  order  automatic  upon  the  filing  of  a  complaint. 
The  Commission  for  the  Investigation  of  Mistreatment  Against  Women  urges  chang- 
ing the  classification  of  these  crimes  from  a  petty  offense  to  a  misdemeanor  ("falta" 
to  "delito  ")  and  wants  complaints  of  abuse  to  be  followed  up  by  a  quick  and  thor- 
ou^  judicial  and  police  investigation.  According  to  the  Commission,  the  failure  to 
promptly  investigate  a  complaint,  which  they  believe  occurs  frequently,  results  in 
the  loss  of  important  evidence.  The  Commission  reported  724  domestic  violence-re- 
lated deaths  and  500  attempted  murders  in  the  last  13  years.  However,  between 
1989  and  1994,  only  33  cases  have  resulted  in  convictions.  The  President  of  the  As- 
sociation for  Women,  which  also  advocates  reforming  the  Penal  Code,  believes  that 
prisons  "do  not  have  sufficient  capacity  to  hold  such  individuals  in  custody." 

Several  levels  of  government  provide  assistance  to  battered  women.  A  toll-free  hot 
line  advises  women  where  to  go  for  government  shelter  or  other  aid  if  mistreated. 
There  are  54  official  centers  for  mistreated  women.  The  Grovemment  also  runs  edu- 
cational programs  seeking  to  change  public  attitudes  that  contribute  to  violence 
against  women.  The  Women's  Institute  has  charged  that  some  judges  are  reluctant 


1305 

to  get  involved  in  cases  of  violence  against  women  by  members  of  their  family.  Simi- 
larly, in  smaller  towns  some  police  officers  have  been  reluctant  to  accept  complaints 
from  battered  women.  Recognizing  the  latter  problem,  the  Ministry  oi"  the  Interior 
initiated  a  program  in  1986  that  created  special  sections  in  mostpolice  departments 
to  deal  with  violence  against  women,  staffed  by  trained  female  omcers. 

A  1989  law  prohibits  sexual  harassment  in  the  woricplace,  but  very  few  cases  have 
been  brought  to  trial  under  this  law. 

In  recent  years,  women  have  moved  towards  equality  under  the  law,  and  larger 
numbers  of  women  are  in  the  educational  system  and  work  force.  According  to  the 
organization  Active  Population,  women  received  57  percent  of  university  degrees  in 
1996  (latest  information  available).  The  Minister  of  Social  Affairs  reports  that 
women  constitute  43  percent  of  the  work  force.  However,  according  to  the  Taxation 
Agency  (Agenda  Tributaria)  in  its  1997  report  "Employment,  Salaries  and  Pensions" 
completed  oy  the  Institute  of  Fiscal  Studies,  women  only  occupy  18  percent  of  better 
paying  positions.  Women  outnumber  men  in  the  legal,  journalistic,  and  health  care 
professions  but  still  play  minor  roles  in  many  fields. 

The  law  mandates  equal  pay  for  equal  work.  However,  according  to  a  1997  report 
by  the  Economic  and  Social  Affairs  Council,  women's  salaries  remain  27  percent 
lower  than  those  of  their  male  counterparts.  The  Council  asserts  that  women  are 
more  likely  to  have  temporary  contracts  or  part-time  employment  than  men.  The 
National  Association  of  Rural  Women  and  Families  (ANFAR)  reported  in  1995  that 
80  percent  of  rural  women  are  not  formally  employed  but  instead  aid  their  husbands 
in  farming  or  fishing.  ANFAR  said  that  these  women  lack  titles  to  family  enter- 

K rises  and  do  not  receive  the  same  social  security  benefits  as  the  male  head  of 
ousehold.  In  1997  the  community  of  Madrid  increased  funding  for  women's  organi- 
zations after  cutting  funding  by  9  percent  in  1996,  which  resulted  in  paralyzing 
more  than  1,000  women's  programs. 

Children. — The  Government  demonstrates  its  commitment  to  children's  welfare 
through  well-funded  and  easily  accessed  programs  of  education  and  health  care. 
Education  is  compulsory  until  age  16  and  free  until  age  18.  The  Constitution  obli- 

fates  both  the  state  and  parents  to  protect  children,  whether  or  not  bom  in  wedlock, 
he  Ministries  of  Health  and  Social  Affairs  are  responsible  for  the  welfare  of  chil- 
dren and  have  created  numerous  programs  to  aid  needy  children.  Numerous  NGO's 
exist  to  further  children's  rights.  For  example,  the  school  help  program  for  the  pro- 
tection of  children  has  a  team  of  experts  who  work  with  educators  to  help  them 
identify  abused  or  abandoned  children  in  the  classroom. 

The  1995  Law  of  the  Child  gives  legal  rights  of  testimony  to  minors  in  child  abuse 
cases;  it  also  obliges  all  citizens  to  act  on  cases  of  suspected  child  abuse  and,  for 
the  first  time,  sets  up  rules  regarding  foreign  adoptions. 

Under  the  new  Penal  Code,  children  under  the  age  of  18  are  not  considered  re- 
sponsible for  their  actions  and  cannot  be  sent  to  prison.  The  seriousness  of  the  vio- 
lent acts  in  the  Basque  country  by  separatist  youths,  however,  has  led  to  accelerated 
negotiations  between  the  central  Government  and  the  Basque  government  for  the 
punishment  of  youthful  offenders  under  the  age  of  18.  The  Attorney  General's  1996 
report  highli^ted  a  300  percent  increase  in  youth  vandalism  in  the  Basque  country 
since  1994  (latest  statistic  available).  Public  debate  centered  on  whether  the  age  of 
responsibility  should  be  set  as  low  as  12  years.  However,  following  negotiations  with 
opposition  parties,  the  (jovernment  announced  agreement  in  October  on  draft  legis- 
lation that  does  not  lower  the  age  of  responsibility. 

A  1996  penitentiary  law  lowers  the  age  that  a  child  can  remain  with  an  incarcer- 
ated mother  from  6  to  3  years  of  age.  It  also  provides  a  special  unit  for  mothers 
with  children,  a  kindergarten,  psychological  support,  and  ways  for  children  to  get 
out  of  prison  regularly.  At  present  it  is  estimated  that  200  children  live  in  jail  with 
their  mothers  under  this  law. 

People  With  Disabilities. — The  Constitution  obliges  the  State  to  provide  for  the 
adequate  treatment  and  care  of  people  with  disabilities,  ensuring  that  they  are  not 
deprived  of  basic  rights  that  apply  to  all  citizens.  Since  1982  a  law  on  the  integra- 
tion of  disabled  citizens  has  been  in  effect,  which  aims  to  ensure  fair  access  to  puolic 
employment,  prevent  disability,  and  facilitate  physical  accessibility  to  public  facili- 
ties and  transportation.  The  national  law  serves  as  a  guide  for  regional  laws;  how- 
ever, levels  of  assistance  and  accessibility  differ  from  region  to  region  and  have  not 
improved  in  many  areas. 

The  1996  Penal  Code  continues  to  allow  parents  or  legal  representatives  of  a  men- 
tally disabled  person  to  petition  a  judge  to  obtain  permission  for  the  sterilization 
of  tnat  person.  In  1994  the  Constitutional  Court  held  that  sterilization  of  the  men- 
tally infirm  does  not  constitute  a  violation  of  the  Constitution.  In  practice  many 
courts  have  authorized  such  surgery.  Religious  groups  continue  to  protest  this  rul- 
ing. 


1306 

In  October  the  National  Confederation  for  the  Deaf  filed  a  discrimination  com- 
plaint against  the  Government  for  not  officially  recognizing  sign  language. 

National  I  Racial  I  Ethnic  Minorities. — Roma,  who  make  up  2.5  percent  of  the  popu- 
lation, continue  to  suffer  discrimination  in  housing,  schools,  and  jobs.  Since  1991  the 
Madrid  city  government,  in  cooperation  with  the  autonomous  regional  government, 
has  been  carrying  out  a  program  to  relocate  squatters  (the  great  majority  of  whom 
are  Roma)  to  housing  projects  in  the  region.  A  University  of  Navarra  study  esti- 
mated that  12,000  squatters  live  in  camps  on  the  margins  of  Madrid,  although  the 
Madrid  public  works  councilor  states  that  there  has  never  been  a  reliable  census 
of  squatters.  The  daily  El  Pais  reported  in  1996  that  16  prefabricated  houses  exist 
around  Madrid  for  the  squatters  ("chabolistas  "),  with  140  more  houses  planned. 
The  city  government  plans  to  relocate  449  of  the  769  families  of  squatters  in  and 
around  Madrid  by  1998.  Spain's  largest  Romani  organization,  Gypsy  Presence,  com- 
plains that  the  city  has  put  up  police  checkpoints  and  fences  tnat  make  Romani 
communities  resemble  prison  camps.  The  group's  complaint  that  such  relocation 
areas  lack  basic  services  is  supported  by  NGO's  and  the  press.  The  city  government 
denies  any  anti-Romani  bias  in  its  actions.  Thirty-one  illegal  families  destroyed 
their  "houses"  in  1996  so  that  they  would  not  be  counted  in  the  census  and  forced 
to  relocate. 

A  language  or  dialect  other  than  Castillian  Spanish  is  used  in  6  of  the  17  autono- 
mous communities.  The  Constitution  stipulates  that  citizens  have  "the  duty  to 
know"  Castillian,  which  is  the  "oflicial  language  of  the  state,"  but  it  adds  that  other 
languages  can  also  be  official  under  regional  statutes  and  that  the  "different  lan- 
guage variations  of  Spain  are  a  cultural  heritage  which  shall  ...  be  protected." 
Catalonia  has  passed  a  law  whereby  Catalan  is  taught  in  regional  schools  and  used 
at  oflicial  regional  functions.  Suits  regarding  specific  applications  of  this  law  are 
pending  in  various  courts.  Both  Galicia  and  Valencia  have  laws  stating  the  duty  to 
promote"  their  regional  languages  in  schools  and  at  official  functions. 

In  Bilbao  21  parents  filed  complaints  against  several  summer  camp  counselors  in 
August  for  punishing  students  because  they  spoke  Castillian  and  not  Euskera  (the 
Basque  language)  in  the  classroom.  The  punisnments  included  carrying  a  backpack 
filled  with  rocks  and  wearing  a  sign  stating,  "I  am  in  favor  of  Castillian."  The  chil- 
dren were  participants  in  an  educational  program  designed  to  expand  knowledge  of 
Basque  language  and  Basque  culture. 

In  1995  Congress  modified  the  Penal  Code  to  make  it  a  crime  to  "incite,  publicize, 
or  otherwise  promote  the  abuse  or  discrimination  of  people  or  groups  because  of 
race,  ethnicity,  nationality,  ideology,  or  religious  beliefs."  No  cases  have  been  tried 
under  the  modified  Penal  C^ode. 

Human  rights  groups  and  the  media  continued  to  give  increasing  attention  to  dis- 
crimination against  tne  growing  numbers  of  illegal  immigrants  from  northern  and 
sub-Saharan  Africa.  Foreign  nationals  of  African  and  Latin  American  origin  com- 
plain of  discrimination  and  abuse  by  authorities  and,  more  frequently,  by  ordinary 
citizens.  According  to  a  1996  study  by  the  Youth  Institute  in  the  Ministry  of  Labor 
and  Social  Affairs,  91  percent  of  persons  under  the  age  of  29  would  like  to  see  immi- 
gration further  restricted.  Although  only  1.3  percent  of  the  population  is  foreign 
bom,  and  the  (government  reduced  the  number  of  work  permits  issued  to  foreigners 
by  10  percent  in  1995,  60  percent  of  the  respondents  under  29  years  old  in  the  same 
survey  said  that  they  believed  that  immigrants  caused  employment  problems  for 
them.  The  Association  of  Moroccan  Immigrant  Laborers  has  offices  in  Madrid,  Bar- 
celona, and  Seville  to  combat  anti-Moroccan  racism. 

In  February  the  National  High  Court  ruled  that  no  constitutional  violations  had 
taken  place  when  a  53-year-old  black  Spanish  citizen  was  stopped  for  questioning 
based  on  the  color  of  her  skin.  The  woman  had  been  stopped  by  two  police  officers 
at  a  train  station  in  December  1992.  She  was  traveling  with  her  son  and  husband, 
both  Caucasian.  They  were  not  interrogated.  The  police  officer  justified  her  deten- 
tion on  the  grounds  that  many  people  of  color  are  illegal  immigrants. 

Quasi-organized  rightwing  youth  groups  (called  "skinheads  by  the  press)  contin- 
ued to  commit  violent  acts  tnroughout  the  year,  terrorizing  minorities,  and  in  some 
instances,  committing  murder.  National  police  estimate  the  total  number  of 
skinheads  to  be  several  thousand;  however,  they  say  that  the  skinheads  are  not  or- 

f;anized  to  plan  specific  actions.  The  organization  SOS  Racismo  stated  that  race-re- 
ated  violence  increased  in  1996  as  a  result  of  reductions  in  police  arrests  and  incar- 
cerations of  skinheads. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — All  workers,  except  those  in  the  military  services, 
judges,  magistrates,  and  prosecutors,  are  entitled  to  form  or  join  unions  of  their  own 
choosing.  All  that  is  required  to  organize  a  trade  union  is  that  more  than  two  work- 


i 


1307 

ers  register  with  the  Minister  of  Labor  and  Social  Security.  Over  200  trade  unions 
are  registered  and  1  is  not  legally  registered  (because  the  Constitutional  Court  ruled 
that  it  was  ineligible,  since  it  represents  military  personnel). 

Under  the  Constitution,  trade  unions  are  free  to  choose  their  representatives,  de- 
termine their  policies,  represent  their  members'  interests,  and  strike.  They  are  not 
restricted  or  harassed  by  the  Government  and  are  independent  of  political  parties. 
A  strike  in  nonessential  services  is  legal  if  its  sponsors  give  5  days'  notice.  Any 
striking  union  must  respect  minimum  service  requirements  negotiated  with  the  re- 
spective employer.  The  right  to  strike  has  been  interpreted  by  the  Constitutional 
Court  to  include  general  strikes  called  to  protest  government  policy.  In  1996  the 
Labor  Ministry  reported  830  strikes,  in  which  1,078,000  workers  participated,  com- 
pared with  883  strikes  by  569,000  workers  for  the  same  period  the  previous  year 
(latest  available  statistics). 

Unions  are  free  to  form  or  join  federations  and  afliliate  with  international  bodies 
and  do  so  without  hindrance. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — A  1980  statute  undergirds  the 
right  to  organize  and  bargain  collectively.  Trade  union  and  collective  bargaining 
rights  were  extended  in  1986  to  all  workers  in  the  public  sector,  except  military  per- 
sonnel. Public  sector  collective  bargaining  in  1990  was  broadened  to  include  salaries 
and  employment  levels,  but  the  (jovemment  retained  the  right  to  set  these  if  nego- 
tiations failed.  Collective  bargaining  agreements  are  widespread  in  both  the  public 
and  private  sectors;  in  the  latter  they  cover  60  percent  of  workers,  notwithstanding 
that  only  about  15  percent  of  workers  are  actually  union  members. 

The  law  prohibits  discrimination  by  employers  against  trade  union  members  and 
organizers.  Discrimination  cases  have  priority  in  the  labor  courts.  Legislation  in 
1990  gave  unions  a  role  in  controlling  temporary  work  contracts  to  prevent  their 
abuse  and  in  termination  actions.  Nonetheless,  unions  contend  that  employers  dis- 
criminate in  many  cases  by  refusing  to  renew  temporary  contracts  of  workers  engag- 
ing in  union  organizing.  More  than  one-third  of  all  employees  are  under  temporary 
contracts,  and  the  nu  nicer  is  growing. 

Labor  regulations  and  practices  in  free  trade  zones  and  export  processing  zones 
are  the  same  as  in  the  rest  of  the  country.  Union  membership  in  these  zones  is  re- 
portedly higher  than  the  average  throughout  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor,  in- 
cluding that  performed  by  children,  is  outlawed  and  is  not  practiced.  The  legislation 
is  effectively  enforced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  (}ov- 
emment  prohibits  forced  and  bonded  child  labor  and  enforces  this  prohibition  effec- 
tively (see  Section  6.c.).  The  statutory  minimum  age  for  the  employment  of  children 
is  16  years.  The  Ministry  of  Labor  and  Social  Security  is  primarily  responsible  for 
enforcement.  The  minimum  age  is  effectively  enforced  in  major  industries  and  in  the 
service  sector.  It  is  more  dimcult  to  control  on  small  farms  and  in  family-owned 
businesses.  Legislation  prohibiting  child  labor  is  effectively  enforced  in  the  special 
economic  zones.  The  law  also  prohibits  the  employment  of  persons  under  the  age 
of  18  at  night,  for  overtime  worK,  or  in  sectors  considered  hazardous. 

e.  Acceptable  Conditions  of  Work. — The  legal  minimum  wage  for  workers  over  18 
years  of  age  is  considered  sufficient  for  a  decent  standard  of  living.  The  daily  na- 
tional minimum  wage  rate  in  1997  was  $14.06  (2,221  pesetas);  for  those  16  and  17 
years  of  age  it  was  $13.88  (1,971  pesetas).  These  rates  are  revised  every  year  in  line 
with  the  consumer  price  index  and  are  effectively  enforced  by  the  Ministry  of  Labor 
and  Social  Security.  The  law  sets  a  40-hour  workweek  with  an  unbroken  rest  period 
of  36  hours  after  each  40  hours  worked.  Workers  enjoy  12  paid  holidays  a  year  and 
a  month's  paid  vacation. 

Government  mechanisms  exist  for  enforcing  working  conditions  and  occupational 
health  and  safety  rules,  but  bureaucratic  procedures  are  cumbersome  and  ineffi- 
cient. Safety  and  health  legislation  is  being  revised  to  conform  to  European  union 
(EU)  directives.  The  Law  to  Prevent  Labor  Risks  was  passed  in  1995  by  Parliament 
as  the  foundation  for  the  completion  of  the  rest  of  the  EU  directives. 

The  National  Institute  of  Safety  and  Health  in  the  Ministry  of  Labor  and  Social 
Security  has  technical  responsibility  for  developing  labor  standards,  but  the 
Inspectorate  of  Labor  has  responsibility  for  enforcing  the  legislation  through  judicial 
action  when  infractions  are  found.  Workers  have  legal  protection  for  filing  com- 
plaints about  hazardous  conditions. 

In  November  thousands  of  union  members  held  protests  in  most  major  cities  to 
demand  the  enforcement  and  strict  application  of  laws  mandating  safe  work  condi- 
tions. The  process  of  applying  the  laws  has  been  slow  and  difficult.  During  the  first 
6  months  of  the  year  there  were  514  work -related  deaths. 


1308 
SWEDEN 

Sweden  is  a  constitutional  monarchy  and  a  multiparty  parliamentary  democracy. 
The  King  is  Chief  of  State.  The  Cabinet,  headed  by  the  Prime  Minister,  exercises 
executive  authority.  The  judiciary  is  independent  of  the  Government. 

The  Government  effectively  controls  the  police,  all  security  organizations,  and  the 
armed  forces. 

Sweden  has  an  advanced  industrial  economy,  mainly  mariiet-based,  and  a  high 
standard  of  living,  with  extensive  social  welfare  services.  More  than  90  percent  of 
businesses  are  privately  owned. 

Human  rights  are  deeply  respected  and  widely  protected.  Swedes  are  entirely  free 
to  express  their  political  preferences,  pursue  individual  interests,  and  seek  legal  res- 
olution of  disputes.  The  Parliament,  police,  or  an  ombudsman  investigate  thoroughly 
all  allegations  of  human  rights  violations,  including  the  occasional  allegation  of  po- 
lice misconduct.  Sweden's  ombudsmen,  appointed  by  the  Parliament  but  with  full 
autonomy,  have  the  f)ower  to  investigate  any  private  complaints  of  alleged  abuses 
by  authorities  and  to  prescribe  corrective  action  if  requirea.  Sweden  has  one  of  the 
world's  most  equal  distributions  of  income,  but  wage  levels  for  women  still  lag  be- 
hind those  for  men.  There  are  occasional  incidents  of  violence  against  minorities. 
The  Government,  political  parties,  and  youth  organizations  have  active  programs  to 
promote  tolerance  and  combat  racism.  The  Government  has  established  programs 
to  deal  with  violence  against  women. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings.  On  December  5,  based  upon  evidence  provided  by  new 
witnesses,  prosecutors  requested  a  new  trial  for  Carl  Gustav  Christer  Pettersson, 
the  man  who  was  convicted  of  assassinating  Prime  Minister  Olof  Palme  on  February 
28,  1986,  but  was  later  freed  on  appeal.  Tne  Supreme  Court  is  expected  to  decide 
by  early  1998  whether  or  not  to  order  a  new  trial. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  these  abuses,  and  the  authorities  respect  such  prohibitions.  There 
are  occasional  reports  of  the  use  of  excessive  force  by  police  in  arrests,  but  thorough 
investigations  have  not  produced  evidence  of  a  systemic  problem.  Typically,  police 
officers  found  guilty  of  abuse  have  been  suspended  or  otnerwise  disciplined.  Such 
disciplinary  actions  numbered  less  than  a  dozen  nationwide  and  usually  involved  of- 
ficers-in-training found  unfit  for  permanent  duty. 

Prison  conditions  meet  minimum  international  standards,  and  the  Government 
permits  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Arrests  are  public  and  by  warrant.  The 
police  must  lodge  charges  within  6  hours  against  persons  detained  for  disturbing  the 
public  order  or  considered  dangerous,  ana  within  12  hours  against  those  detained 
on  other  grounds.  The  law  requires  arraignment  within  48  hours.  The  time  between 
arrest  and  the  first  court  hearing  mav  be  extended  to  96  hours  for  detainees  consid- 
ered dangerous,  likely  to  destroy  evidence,  or  likely  to  flee.  In  cases  involving  more 
than  one  individual  and  in  the  case  of  foreigners,  courts  can  and  do  order  continued 
detention  for  2  weeks  at  a  time  while  police  are  investigating.  Such  detentions  can 
be  protracted,  particularly  in  drug  cases.  Other  than  such  dangerous  suspects,  de- 
tainees are  routinely  released  pending  trial.  Bail  as  such  does  not  exist.  Ii  a  person 
files  for  bankruptcy  and  refuses  to  cooperate  with  the  official  investigation,  a  court 
may  order  detention  for  up  to  3  months,  with  judicial  review  every  2  weeks. 

TTie  Government  does  not  impose  exile. 

Convicted  foreign  criminals  who  are  not  permanent  residents  often  are  deported 
at  the  conclusion  of  their  prison  terms,  unless  they  risk  execution  or  other  severe 
punishment  in  their  home  country. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  forbids  deprivation  of  liberty 
without  a  public  trial  by  a  court  of  law,  and  the  Government  respects  this  provision. 
The  judiciary  is  free  of  governmental  interference.  The  accused  have  the  right  to 
competent  counsel,  but  the  Government  provides  public  defenders  to  indigents  only 
in  cases  where  the  maximum  penalty  could  be  a  prison  sentence  of  6  months  or 
more.  Convicted  persons  have  the  right  of  appeal  in  most  instances. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  law 
limits  home  searches  to  investigations  of  crimes  punishable  by  at  least  2  years'  im- 
prisonment, such  as  murder,  possession  of  narcotics,  robbery,  rape,  arson,  sabotage. 


•     1309 

counterfeiting,  or  treason.  The  authorities  respect  this  provision.  Normally,  police 
must  obtain  court  approval  for  a  search  or  a  wiretap.  However,  a  senior  police  offi- 
cieil  may  approve  a  search  if  time  is  a  critical  factor  or  the  case  involves  a  threat 
to  life.  A  parliamentary  committee  each  year  reviews  all  monitoring  of  telephones, 
facsimile  (fax),  or  computers.  In  June  the  Minister  of  Justice  proposed  that  police 
be  allowed  to  use  wiretaps  when  investigating  serious  crimes.  A  special  Ministry  of 
Justice  working  group  is  scheduled  to  submit  a  report  on  this  proposal  in  April 
1998. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press,  and  the  Government  respects  these  provisions  in  practice.  Most  news- 
papers and  periodicals  are  privately  owned.  The  Government  suosidizes  daily  news- 
papers, regardless  of  political  affiliation.  Broadcasters  operate  under  a  state  conces- 
sion. Until  a  few  years  ago  the  State  had  a  monopoly  over  ground-based  broadcast- 
ing, but  a  variety  of  commercial  television  channels  (one  ground-based,  and  several 
via  satellite  or  cable)  and  several  commercial  radio  stations  now  exist. 

The  Government  may  censor  publications  containing  national  security  informa- 
tion. A  quasi-governmental  body  excises  extremely  graphic  violence  from  films,  tele- 
vision programs,  and  videos. 

Criticism  of  child  pornography  was  widespread,  and  the  debate  on  the  legality  of 
ownership  of  pornographic  material  continues.  The  Minister  of  Justice  proposed  leg- 
islation in  December  to  outlaw  ownership  of  child  pornography.  Although  regarded 
by  niany  as  a  limitation  of  the  Freedom  of  the  Press  Act,  the  proposal  reportedly 
has  sufficient  support  to  pass  Parliament;  no  action  was  taken  by  year's  end.  It  is 
already  illegal  to  publish  or  distribute  such  material.  In  1996  Sweden  hosted  the 
United  Nations  Conference  on  the  Sexual  Exploitation  of  Children.  The  Queen  has 
emerged  as  a  strong  and  popular  advocate  of  children's  rights  and  opponent  of  child 
pornography. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  peaceful  assembly  ana  association,  and  the  Government  respects  these 
rights  in  practice.  Police  require  a  permit  for  public  demonstrations.  However,  the 
authorities  routinely  grant  such  permits,  with  rare  exceptions  to  prevent  clashes  be- 
tween antagonistic  groups. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  does  not  hamf>er  the  teaching  or  practice  of  any  faith. 

Sweden  has  maintained  a  state  (Lutheran)  church  for  several  hundred  years,  sup- 
ported by  a  general  "Church  Tax"  (although  the  Government  routinely  grants  any 
request  by  a  taxpayer  for  exemption  from  that  tax).  After  decades  of  discussion, 
however,  m  1995  the  Church  of  Sweden  and  the  Government  agreed  to  a  formal  sep- 
aration. This  reform  will  not  become  effective  until  the  year  2000,  and  the  Church 
will  still  receive  some  state  support.  As  of  1996,  citizens  were  no  longer  automati- 
cally members  of  the  state  church  at  birth.  Sweden  is  tolerant  of  the  diverse  reli- 
gions practiced  there,  including  the  Mormon  faith  and  Scientology. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  free  movement  within,  from,  and  returning  to  the 
country,  and  the  Government  respects  these  rights  in  practice.  Foreigners  with  sus- 
pected links  to  terrorist  organizations  may  be  required  to  report  regularly  to  police 
authorities,  but  may  travel  freely  within  Sweden.  Courts  must  review  the  reporting 
requirement  for  each  case  at  least  once  eveiy  3  years. 

The  Government  cooperates  with  the  U.N.  High  Commissioner  for  Refugees 
(UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees.  The  Govern- 
ment provides  first  asylum.  Sweden  has  adopted  an  increasingly  restrictive  asylum 
policy.  The  Government  has  sent  some  asylum  seekers  back  to  "safe"  countries 
through  which  they  arrived  in  Sweden.  The  number  of  applications  for  asylum  or 
residence  permits  dropped  to  an  11-year  low  of  5,753  in  1996,  down  from  9,047  in 
1995.  Sweden  approved  4,800  residence  applications  during  1996,  of  which  15  per- 
cent were  from  refugees,  and  granted  2,550  individuals  some  form  of  protection. 
Nearly  11  percent  of  Sweden's  population  is  foreign -bom.  The  number  of  refugees 
increased  by  65  percent  compared  with  1996.  A  total  of  9,520  asylum  seekers,  ap- 
proximately 3,000  of  them  Kurdish  refugees  from  Iraq,  arrived  during  the  year. 

There  is  an  ongoing  debate  over  the  plight  of  asylum  seekers  who  have  submitted 
applications  that  are  considered  "manifestly  unfounded,"  those  coming  to  Sweden 
through  a  "safe  third  country,"  and  those  whose  applications  remain  under  consider- 
ation for  unduly  long  periods  of  time,  in  some  cases  as  long  as  9  years.  There  have 
also  been  complaints  of  exceedingly  accelerated  procedures  and  inadequate  legal 
safeguards  for  some  asylum  seekers,  e.g.,  asylum  seekers  who  were  deported  within 


1310 

72  hours  of  arrival  and  did  not  receive  access  to  lawyers.  A  broad  interpretation  of 
what  constitutes  a  "safe  third  country"  permits  the  return  of  applicants  to  a  third 
country  without  consideration  of  whether  that  country  has  an  asylum  policy  under 
which  the  applicant  might  be  admitted.  Asylum  seekers  are  occasionally  dfetained 
upon  arrival  in  Sweden  and,  when  awaiting  deportation  after  a  negative  decision 
on  their  claim,  in  cases  where  the  authorities  fear  flight  to  avoid  deportation.  Deten- 
tion facilities  are  clean,  comfortable,  and  relatively  unrestricted.  On  occasion,  when 
no  other  facility  is  available,  asylum  seekers  are  detained  in  remand  prisons. 

In  1996,  55,391  refugees  from  Bosnia  and  Herzegovina  remained  in  Sweden,  while 
380  emigrated  back  to  Bosnia.  In  total,  Sv/eden  has  accepted  over  100,000  refugees 
from  the  former  Yugoslavia.  The  Gk)vemment  provides  funds  for  Bosnians  to  travel 
to  their  homeland  in  order  to  determine  if  they  wish  to  be  repatriated.  The  Govern- 
ment, in  hopes  of  raising  that  figure  in  1997,  increased  financial  incentives  to  re- 
turn. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  ways  and  means  for  citizens  to  change  the  Government. 
Elections  to  the  349-member  unicameral  Parliament  are  held  every  4  years.  Suf- 
frage is  universal  for  citizens  18  years  and  older,  with  secret  balloting.  Noncitizen 
residents  have  the  right  to  participate  in  local  (city  and  county)  elections. 

Women  participate  actively  in  the  political  process  and  Government.  They  cur- 
rently compose  43  percent  of  the  Parliament  and  half  of  the  Cabinet.  The  governing 
Social  Democratic  Party  largely  has  held  to  its  pledge  to  place  women  in  half  of  all 
political  appointments  at  all  levels. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Several  private  organizations  actively  monitor  issues  such  as  the  impact  of  social 
legislation,  anti-immigrant  or  racist  activities,  and  the  condition  of  the  indigenous 
Sami  population.  The  official  ombudsmen  also  publicize  abuses  of  state  authority 
and  have  the  right  to  initiate  actions  to  rectify  such  abuses.  Government  agencies 
are  in  close  contact  with  a  variety  of  local  and  international  groups  working  in  Swe- 
den and  abroad  to  improve  human  rights  observance. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equal  rights  for  all  citizens,  and  the  Government 
respects  this  provision. 

Women. — Nearly  20,000  reported  cases  of  assault  against  women  took  place  in 
1996,  an  increase  of  1,400  over  1995.  Most  involved  spousal  abuse.  In  three-quarters 
of  the  assaults,  the  perpetrator  was  an  acquaintance  of  the  victim.  Reported  abuse 
against  women  occurs  disproportionately  in  immigrant  communities. 

The  law  provides  complainants  protection  from  contact  with  their  abusers,  if  so 
desired.  In  some  cases  the  authorities  help  women  obtain  new  identities  and  homes. 
Since  1994  the  Government  has  proviaed  electronic  alarms  or  bodyguards  for 
women  in  extreme  danger  of  assault.  Both  national  and  local  governments  provide 
monetary  support  to  volunteer  groups  that  provide  shelter  and  other  assistance  to 
abused  women.  The  authorities  strive  to  apprehend  and  prosecute  abusers.  Typi- 
cally, the  sentence  for  abuse  is  a  prison  term  or  psychiatric  treatment.  However, 
women  complained  about  short  sentences  and  early  release  of  offenders. 

The  number  of  reported  rapes  rose  by  more  than  20  percent  to  2,600  in  1996  from 
2,100  in  1995.  In  1994  the  number  dropped  somewhat  to  1,800.  Women's  groups  be- 
lieve the  increase  in  recent  years  is  partly  an  effect  of  increased  willingness  to  re- 
port rape  (including  spousal  or  "date '  rape),  but  cannot  rule  out  the  possibility  of 
a  real  increase  resulting  from  worsened  economic  and  social  conditions.  The  law 
does  not  differentiate  between  spousal  and  nonspousal  rape. 

On  December  11,  the  Ministry  of  Foreign  Affairs  announced  that  it  would  grant 
funds  to  the  Foundation  Women's  Forum  (FWF)  for  a  project  to  prevent  trafficking 
in  women.  The  initial  aim  of  the  project  is  to  identify  and  make  a  survey  of  vol- 
untary organizations,  authorities,  and  existing  networks  that  work  to  prevent  traf- 
ficking and  to  support  and  rehabilitate  the  victims.  The  survey  is  to  cover  European 
Union  members  and  the  FWF  is  to  report  the  results  of  the  project's  initial  stage 
to  the  Ministry  for  Foreign  Affairs  by  June  30,  1998.  There  is  no  evidence  of  orga- 
nized or  large-scale  trafficking  in  women  taking  place  in  Sweden. 

TTie  law  prohibits  .sexual  Harassment.  As  with  other  forms  of  discrimination, 
women,  may  take  complaints  to  the  Equality  Ombudsman  in  the  Labor  Ministry, 
the  courts,  or  to  their  unions.  The  Minister  of  Labor  has  planned  to  focus  on  increas- 
ing employers'  responsibility  to  intervene  in  sexual  harassment  cases.  A  Govern- 


1311 

ment  investigation  recommended  that  employers  who  do  not  intervene  against  har- 
assment at  worit  should,  for  example,  be  obliged  to  pay  damages  to  the  victim. 

The  Deputy  Labor  Minister  Ulrika  Messing  has  the  overall  lead  in  the  Govern- 
ment for  equality  issues,  which  apply  to  women  and  men  equally.  All  government 
investigations  and  decisions  must  talce  equality  considerations  into  account.  Stock- 
holm University's  professor  Dr.  Agneta  Stark  is  charged  with  the  education  of  top 
Sublic  sector  figures  on  matters  of  equality.  The  Social  and  Justice  Ministries  are 
eeply  involved  as  well,  especially  concerning  combating  violence  against  women. 

In  1997  journalistic  investigations  focused  Swedish  and  international  attention  on 
Sweden's  pre-1976  practice  of  forced  sterilization.  The  majority  of  those  sterilized 
were  either  mentally  or  physically  disabled.  Swedes  had  known  for  years  that  such 
operations  took  place  under  pre-World  War  II  legislation.  Between  1934  and  1976, 
62,000  forced  sterilizations  were  carried  out,  95  percent  of  them  on  women.  In  Sep- 
tember, the  Government  appointed  a  commission  of  academics  and  legal  and  medi- 
cal experts  to  investigate  tne  broad  legal,  socio-medical,  and  historic  circumstances 
of  the  sterilizations.  The  commission,  which  is  expected  to  conclude  its  inquiry  by 
July  1,  1999,  is  to  give  priority  to  the  question  of  damages  to  victims  and  will  also 
look  into  the  possible  existence  of  other  categories  of  victims.  Since  the  1980's,  the 
Government  has  received  38  claims  for  compensation;  the  Government  has  provided 
compensation  in  16  instances,  noting  formal  errors  committed  in  these  cases.  Indi- 
vidual ministers  expressed  regret  and  astonishment  over  the  practice  and  how  long 
it  continued. 

A  study  conducted  by  the  U.N.  Development  Program  (UNDP)  in  preparation  for 
the  U.N.  Conference  on  Women  gave  Sweden  the  nighest  ranking  on  equality  for 
women,  with  salaries  averaging  only  70  percent  of  men's.  The  law  requires  employ- 
ers to  treat  men  and  women  alike  in  hiring,  promotion,  and  pay,  including  equal 
pay  for  comparable  work.  The  Equality  Omoudsman,  a  public  oflicial,  investigates 
complaints  of  gender  discrimination  in  the  labor  market.  Women  may  also  pursue 
complaints  through  the  courts.  A  third  option,  and  by  far  the  most  common,  involves 
settling  allegations  using  the  employee's  labor  union  as  mediator.  In  1996  129 
women  and  15  men  registered  gender  discrimination  cases  with  the  Equality  Om- 
budsman, of  which  95  involved  women  claiming  salary  discrimination.  Of  the  total, 
only  2  of  the  cases  were  eventually  taken  to  court,  22  were  solved  by  mediation,  26 
were  recalled,  and  68  were  either  dropped  because  of  the  statute  of  limitations  or 
insufficient  substance,  or  resolved  privately. 

As  a  result,  women  increasingly  have  begun  to  turn  to  the  courts  in  cases  of  indi- 
vidual discrimination.  Women  initiated  several  test  cases  of  the  "equal  pay  for  com- 
parable work"  clause  in  1995,  with  at  least  one  court  decision  in  their  favor  in  1996. 
This  court  case  is  widely  expected  to  be  precedent  setting. 

Children. — Nine  years  of  basic  schooling  are  compulsory  and  are  provided  to  all 
children  at  state  expense  (including  transportation,  books,  and  lunches).  Municipali- 
ties are  responsible  for  operating  day  care  centers  and  pre-schools  for  children  with 
working  parents  which  are  also  open  to  others  as  space  permits  (many  children 
begin  mil-time  pre-school  at  1  year  of  age).  There  are  also  state-subsidized  family 
day  care  centers  and  "open"  pre-schools  (lor  part-  or  full-time  attendance  on  an  non- 
enroUmentydrop-in  basis)  as  well  as  leisure  centers  for  after-school  activities.  Par- 
ents are  provided  with  a  government  allowance  worth  approximately  $  1,000  per 
year  for  each  child  under  16  years  of  age.  Families  with  children  can  obtain  a 
means-tested  housing  allowance.  Children  with  certain  severe  disabilities  have  the 
right  to  a  personal  assistant.  State-funded  dental  care  is  provided  for  children  up 
to  19  years  of  age.  Ninety-nine  percent  of  all  expectant  mothers  receive  prenatal 
care  and  visit  well-baby  clinics.  Infant  mortality  rtes  are  extremely  low  (4.8  deaths 
per  1,000  in  the  first  year  of  life).  Hospital  care  is  state-funded  for  children  under 
16  years  of  age.  Since  1993  Sweden  has  had  a  Children's  Ombudsman  to  safeguard 
children's  interests  and  rights.  The  Ombudsman  also  ensures  that  Sweden  lives  up 
to  its  obligations  under  the  United  Nations  international  Convention  on  the  Rights 
of  the  Child.  A  nongovernmental  organization.  Children's  Rights  in  Society,  offers 
counseling  to  troubled  youngsters. 

The  Government  allocates  funds  to  private  organizations  concerned  with  chil- 
dren's rights.  Sweden  remains  active  internationally  in  efforts  to  prevent  child 
abuse.  In  1997  the  Queen  established  a  charity  campaign,  "Children  of  the  World," 
to  raise  funds  for  sexually  abused  children  in  the  Baltics,  rehabilitation  of  child  sol- 
diers in  Liberia,  and  Mozambique's  street  children. 

Although  child  abuse  appears  relatively  uncommon,  the  public  and  authorities  re- 
main concerned  by  consistent  data  indicating  an  increase  over  the  past  several 
years.  The  number  of  reported  cases  for  children  under  the  age  of  15  rose  to  5,205 
in  1995  from  4,400  in  1994.  The  first  quarter  of  1997,  however,  saw  a  decline  in 
the  number  of  cases  to  approximately  1,000.  Many  children's  rights  advocates  be- 


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lieve  this  change  reflects  a  true  increase  (as  opposed  to  increased  incidence  of  re- 
porting) due  to  the  strains  imposed  on  families  tw  the  diflicult  economic  situation. 

The  law  prohibits  parents  or  other  caretakers  from  abusing  children  mentally  or 
physically  in  any  way.  Parents,  teachers,  and  other  adults  are  subject  to  prosecution 
if  they  physically  punish  a  child,  including  slapping  or  spanking.  Children  have  the 
right  to  report  such  abuses  to  the  police.  The  authorities  respect  these  laws,  and 
the  usual  sentence  is  a  fine  combined  with  counseling  and  monitoring  by  social 
workers.  If  the  situation  warrants,  however,  authorities  may  remove  children  from 
the  home  and  place  them  in  foster  care.  However,  foster  parents  virtually  never  re- 
ceive permission  to  adopt  long-term  foster  children,  even  in  cases  where  the  parents 
are  seen  as  unfit  or  seek  no  contact  with  the  child.  Critics  charge  that  this  policy 
places  the  rights  of  biological  parents  over  the  needs  of  children  lor  security  in  per- 
manent familv  situations. 

People  With  Disabilities. — The  law  prohibits  discrimination  against  people  with 
disabilities.  The  Government  provides  disabled  persons  with  assistance  aimed  at  al- 
lowing them  to  live  as  normal  a  life  as  possible,  preferably  outside  an  institutional 
setting.  This  includes  educational  aid,  such  as  provision  of  personal  tutors  or  assist- 
ants at  all  stages  from  day  care  to  university  studies,  as  well  as  assistance  in  the 
workplace,  such  as  provision  of  a  personal  aide  or  improvement  of  the  workplace's 
accessibility  to  wheelchairs.  It  also  encompasses  services  such  as  home  care  or  group 
living.  Regulations  for  new  buildings  reqruire  full  accessibility,  but  the  Government 
has  no  such  requirement  for  existing  public  buildings.  As  a  result,  many  buildings 
rem«un  inaccessible  to  disabled  persons. 

Indigenous  People. — Sweden  counts  at  least  17,000  Sami  (formerly  known  as 
Lapps)  among  its  8.85  million  inhabitants  (Sami  organizations  place  that  number 
somewhat  higher,  25,000  to  30,000).  In  1994  Sweden  was  the  last  of  the  Nordic 
countries  to  allow  formation  of  a  Sametinget,  or  Sami  Parliament,  as  an  advisory 
body  to  the  Government.  Under  the  current  Government,  Sami  issues  fall  under  the 
Ministry  of  Agriculture. 

The  Sami  continue  a  protracted  struggle  for  recognition  as  an  indigenous  people 
under  a  variety  of  international  agreements,  such  as  International  Labor  Organiza- 
tion (ILO)  Convention  169.  Historically,  the  Government  has  resisted  granting  the 
Sami  such  rights.  For  instance,  Sami  children  had  no  ri^t  to  education  in  their  na- 
tive language  until  provision  of  such  education  to  immigrant  children  forced  the 
Government  to  grant  Sami  at  least  equal  treatment.  As  a  result  of  such  education, 
northern  Sami  dialects  have  enjoyed  a  recent  renaissance.  Sami  dialects  in  the 
southern  portions  of  traditional  Sami  lands,  however,  now  may  have  too  few  native 
speakers  to  survive  as  living  languages. 

Late  in  1994  the  Government  removed  from  the  Sami  the  right  to  control  hunting 
and  fishing  activities  on  Sami  village  lands,  permitting  instead  totally  unlimited 
hunting  and  fishing  activity  on  all  government  property.  Sami  leaders  continued  to 
protest  this  change  in  1997. 

Although  some  Sami  state  that  they  face  discrimination  in  housing  and  employ- 
ment on  an  individual  basis,  particularly  in  the  southern  mountain  regions,  the 
Government  does  not  condone  such  discrimination. 

Religious  Minorities. — For  many  years  the  (Government  has  supported  the  activi- 
ties oi  groups  working  to  combat  anti-Semitism.  Two  synagogues  were  vandalized 
in  1997. 

National / Racial / Ethnic  Minorities. — Scattered  acts  of  violence  or  harassment 
against  minorities  continue,  usually  from  "skinheads"  with  neo-Nazi  sympathies.  Al- 
though the  Government  does  not  compile  national  statistics  on  such  acts,  one  news- 
paper counted  over  100  violent  incidents  with  racist  overtones  in  a  recent  year.  Most 
violent  incidents  involved  assault  on  lone  immi^ants  by  teenage  skinheads.  In 
1996,  an  Arab-American  on  a  visit  to  his  sister  in  Sweden  was  attacked  and  se- 
verely beaten  by  skinheads. 

Most  estimates  place  the  number  of  active  neo-Nazis  at  less  than  2,000,  and  there 
apf)ears  to  be  little  popular  support  for  their  activities  or  sentiments.  Many  Swedes 
doubt  whether  such  youth  actually  embrace  neo-Nazi  ideology,  and  the  Government 
supports  activities  by  volunteer  groups  working  against  racism.  The  Government  in- 
vestigates and  prosecutes  race-related  crimes,  although  in  many  clashes  between 
Swedish  and  immigrant  youth  gangs,  authorities  judge  both  sides  as  at  fault.  In  a 
1996  case  involving  a  17-year  old  sentenced  to  100  days  community  service  for  wear- 
ing neo-Nazi  badges,  the  Supreme  Court  ruled  that  it  can  be  illegal  to  wear 
xenophobic  symbols  or  racist  paraphernalia. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  work  force  is  82.5  percent  unionized.  Career 
military  personnel,  police  officers,  and  civilian  government  ofTicials,  as  well  as  pri- 


1313 

vate  sector  workers  in  both  manufacturing  and  service  industries,  are  organized. 
Most  business  owners  belong  to  counterpart  employer  organizations. 

Unions  and  employer  organizations  operate  independently  of  the  Government  and 
political  parties  (although  the  largest  federation  of  unions  has  always  been  linked 
with  the  largest  political  party,  the  Social  Democrats).  The  law  protects  the  freedom 
of  woricers  to  associate  and  to  strike,  as  well  as  for  employers  to  organize  and  to 
conduct  lockouts.  Within  limits  protecting  the  public's  immediate  health  and  secu- 
rity, public  employees  also  enjoy  the  right  to  strike.  These  laws  are  fully  respected 
and  are  not  challenged. 

Unions  have  the  right  to  affiliate  with  international  bodies.  They  are  affiliated 
with  the  International  Confederation  of  Free  Trade  Unions  and  European  Trade 
Union  Confederation  among  others. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Management-labor  coopera- 
tion tends  to  be  excellent  and  nonconirontational.  Labor  and  management,  each  rep- 
resented by  a  national  organization  by  sector  (for  example,  retailers  and  engineering 
industries),  negotiate  framework  agreements  every  2  to  3  years.  More  detailed  com- 
pany-level agreements  put  such  framework  agreements  into  effect  at  the  local  level. 
Framework  agreements  entered  into  force  in  1996,  with  most  valid  until  1998.  A 
series  of  agreements  involving  smaller  numbers  of  employers  were  concluded  in  the 
spring  with  very  little  conflict.  In  contrast  with  the  recent  past,  most  agreements 
with  labor  unions  now  provide  for  a  degree  of  individualized  pay,  including  merit 
bonuses. 

The  law  provides  both  workers  and  employers  with  effective  mechanisms  for  re- 
solving complaints.  The  vast  majority  of  complaints  are  resolved  informally.  Cases 
of  an  employer  firing  an  employee  for  union  activities  are  virtually  unheard  of;  there 
were  no  reports  of  such  cases  in  1997.  There  were  few  strikes,  approximately  two 
per  month,  most  of  which  involved  fewer  than  10  persons  and  minimal  days  lost, 
with  one  notable  exception.  In  March  5,500  newspaper  distributors  went  on  strike 
for  2  days  before  their  concerns  were  resolved. 

In  March  the  employers'  association  and  unions  representing  800,000  manufactur- 
ing employees  reacned  an  agreement  on  steps  to  prevent  strikes  and  lockouts,  such 
as  requiring  serious  wage  negotiations  to  start  3  months  before  a  collective  agree- 
ment expires  and  appointing  a  mediator  if  an  agreement  has  not  been  reached  after 
2  months. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor,  and  the  authorities  effectively  enforce  this  can.  The  law  prohibits 
forced  and  bonded  labor  by  children  and  the  Government  enforces  this  prohibition 
effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  forced  and  bonded  labor  by  children  and  the  Government  enforces  this  pro- 
hibition effectively  (see  Section  6.c.).  Compulsory  nine-year  education  ends  at  age 
16,  and  the  law  permits  full-time  employment  at  that  age  under  supervision  of  local 
authorities.  Employees  under  age  18  may  work  only  during  daytime  and  under  su- 
pervision. During  summer  and  other  vacation  periods,  children  as  young  as  13  years 
may  work  part-time  or  in  "light"  work  with  parental  permission.  Union  representa- 
tives, police,  and  public  prosecutors  effectively  enforce  this  restriction.  Sweden  ac- 
tively supports  efforts  to  protect  and  improve  children's  rights.  In  September  Swe- 
den hosted  a  preparatory  conference  to  the  October  International  Conference  on 
Child  Labor  held  in  Norway.  In  addition,  the  Government  has  earmarked  about  $8 
million  of  its  aid  budget  to  help  fight  child  labor  in  impoverished  countries. 

e.  Acceptable  Conditions  of  Work. — There  is  no  national  minimum  wage  law. 
Wages  are  set  by  collective  bargaining  contracts,  which  nonunion  establishments 
usually  observe  as  well.  Even  the  lowest  paid  workers  can  maintain  a  decent  stand- 
ard of  living  for  themselves  and  their  families  through  substantial  benefits  (such  as 
housing  or  day  care  support)  provided  by  social  welfare  entitlement  programs.  How- 
ever, cutbacks  in  these  programs  have  made  it  harder  for  some  workers  to  make 
ends  meet,  particularly  for  low-paid  single  women  with  children. 

The  standard  workweek  is  40  hours  or  less.  Both  the  law  and  collective  bargain- 
ing agreements  regulate  overtime  and  rest  periods.  For  workers  not  covered  by  a 
labor  agreement,  tne  law  stipulates  a  limit  for  overtime  at  200  hours  a  year,  al- 
though exceptions  may  be  granted  for  key  employees  with  union  approval;  some  col- 
lective bargaining  agreements  put  the  limit  at  150  hours.  The  law  requires  a  rest 
period  after  5  hours  of  work  but  does  not  stipulate  a  minimum  duration;  in  practice 
it  is  usually  30  minutes.  The  law  also  provides  all  employees  with  a  minimum  of 
5  weeks  of  paid  annual  leave;  labor  contracts  often  provide  more,  particularly  for 
higher  ranking  private  sector  employees  and  older  public  service  workers.  In  1997 
Sweden  passed  a  new  labor  law  making  it  easier  for  employers  to  hire  workers  for 


1314 

limited  periods,  as  well  as  empowering  local  unions  to  agree  to  exceptions  to  last- 
in,  first-out  laws. 

Occupational  health  and  safety  rules  are  set  by  a  government-appointed  board 
and  monitored  by  trained  union  stewards,  safety  ombudsmen,  and,  occasionally,  gov- 
ernment inspectors.  These  standards  are  very  high,  making  workplaces  both  safe 
and  healthy.  Safety  ombudsmen  have  the  authority  to  stop  unsafe  activity  imme- 
diately and  to  call  in  an  inspector.  An  individual  also  has  the  right  to  halt  work 
in  dangerous  situations  in  order  to  consult  a  supervisor  or  safety  representative. 


SWITZERLAND 

Switzerland  is  a  constitutional  democracy  with  a  federal  structure  and  an  inde- 
pendent judiciary.  The  bicameral  Parliament  elects  the  seven  members  of  the  Fed- 
eral Council,  the  highest  executive  body,  whose  presidency  rotates  annually.  Be- 
cause of  the  nation's  linguistic  and  religious  diversity,  the  Swiss  political  system  em- 
phasizes local  and  national  political  consensus  and  grants  considerable  autonomy  to 
individual  cantons. 

The  Swiss  armed  forces  are  a  civilian-controlled  militia  based  on  universal  mili- 
tary service  for  able-bodied  males.  There  is  virtually  no  standing  army  apart  from 
training  cadres  and  a  few  essential  headquarters  staff  functions.  Police  duties  are 
primarily  a  responsibility  of  the  individual  cantons,  which  have  their  own  distinct 
police  forces  that  are  kept  under  effective  control.  The  National  Police  Authority  has 
a  coordinating  role  and  relies  on  the  cantons  for  actual  law  enforcement.  There  were 
allegations  oioccasional  abuses  by  police. 

Switzerland  has  a  highly  developed  free  enterorise,  industrial,  and  service  econ- 
omy strongly  dependent  on  international  trade.  The  standard  of  living  is  very  high. 

The  Government  fully  respects  human  rights,  and  there  were  no  major  human 
rights  problems.  However,  there  continue  to  be  allegations  by  nongovernmental  or- 
ganizations (NGO's)  of  occasional  police  harassment  directed  against  foreigners,  par- 
ticularly asylum  seekers,  and  reports  of  verbal  abuse  against  foreigners  oy  private 
citizens.  Some  laws  still  tend  to  aiscriminate  against  women,  although  a  new  federal 
law  came  into  force  in  1996  that  is  designed  to  promote  gender  equality  in  the  labor 
maricet.  The  Government  is  continuing  to  take  serious  steps  to  address  violence 
against  women. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  proscribes  such  practices,  and  there  were  no  reports  of  violations. 
There  were  allegations  by  NGO's  and  some  individuals  of  occasional  police  harass- 
ment of  foreigners,  particularly  asylum  seekers  (see  Section  2.d.). 

FVison  conditions  meet  minimum  international  standards,  although  some  NGO's 
complain  of  prison  overcrowding.  The  Government  has  taken  measures  to  improve 
prison  conditions  and  address  overcrowding. 

In  April  while  attending  the  53rd  session  of  the  U.N.  Human  Rights  Commission, 
Nigerian  human  rights  leader  Clement  Nwankwo  was  arrested  and  reportedly  sub- 
jected to  physical  and  verbal  abuse  (including  racial  slurs)  by  police.  He  was  accused 
of  shoplifting  and,  by  his  own  account,  handcuffed  to  a  table  while  stripped  naked 
(ostensibly  in  order  to  examine  him).  Although  no  proof  of  shoplifting  was  discov- 
ered, Nwankwo  was  held  for  4  days  in  preemptive  custody  without  access  to  an  at- 
torney, tried  without  legal  representation,  and  sentenced  to  20  days  in  prison  and 
expulsion  from  the  country  with  a  right  of  appeal.  The  sentence  was  suspended. 
After  his  deportation  to  Nigeria,  Nwankwo  appealed  his  sentence,  but  no  final  rul- 
ing has  been  made.  The  cantonal  government  took  measures  in  response  to  the  inci- 
dent, including  launching  an  administrative  inquiry  into  the  conduct  of  the  three 
police  officers  involved.  The  police  were  given  sanctions  (reprimand  and  warning), 
which  they  have  appealed.  Special  courses  for  the  police  in  Geneva  by  the  NGO,  As- 
sociation for  Prevention  of  Torture,  are  scheduled  during  1998.  Swiss  NGO's  believe 
that  the  case  underscores  the  problems  with  police  treatment  of  foreigners,  espe- 
cially asylum  seekers  in  Geneva  and  perhaps  elsewhere. 

On  November  14,  following  its  examination  of  Switzerland's  third  periodic  report, 
the  U.N.'s  Committee  Against  Torture  expressed  concern  about  "frequent  allegations 


1315 

of  ill-treatment"  inflicted  in  the  course  of  arrests  and  police  custody  and  a  lack  of 
independent  mechanisms  in  the  Swiss  cantons  of  certain  legal  guarantees  such  as 
the  possibility,  "especially  for  foreigners,"  to  contact  their  family  or  a  lawyer  in  case 
of  arrest,  and  to  be  examined  by  an  independent  doctor  on  entering  police  custody, 
after  each  interrogation,  and  before  being  brought  before  an  investigating  mag- 
istrate or  being  released.  The  Committee  recommended  the  introduction  of  mecha- 
nisms to  receive  complaints  of  ill-treatment  by  police  officers  against  suspects  and 
for  the  harmonization  of  the  26  different  cantonal  codes  of  penal  procedure,  "particu- 
larly with  regard  to  the  granting  of  fundamental  guarantees  in  the  course  of  police 
custody."  In  addition  the  Committee  recommended  that  the  Swiss  authorities  pay 
^he  greatest  possible  attention"  to  the  handling  of  cases  concerning  acts  of  violence 
attributed  to  police  officers  in  order  to  ensure  me  opening  of  investigations  and,  in 
proven  cases,  the  imposition  of  possible  sanctions. 
The  Government  permits  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  legal  prohibitions  on  arbitrary  ar- 
rest, detention,  or  exile  are  fully  respected  at  all  levels  of  government.  The  cantons 
are  responsible  for  handling  most  criminal  matters,  and  their  procedures  vary  some- 
what from  canton  to  canton.  In  general  a  suspect  may  not  be  held  longer  than  48 
hours  without  a  warrant  of  arrest  issued  by  an  investigative  magistrate.  However, 
asylum  seekers  and  foreigners  without  valid  documents  may  be  neld  for  up  to  96 
hours  without  an  arrest  warrant.  Some  NGO's  alleged  that  the  authorities  arbitrar- 
ily detained  asylum  seekers  (see  Section  2.d.).  A  suspect  has  the  right  to  choose  and 
contact  an  attorney  as  soon  as  the  warrant  is  issued;  the  State  provides  free  counsel 
for  indigents  in  most  situations.  Investigations  are  generally  prompt,  even  if  in  some 
cases  investigative  detention  may  exceed  the  length  of  sentence.  Release  on  personal 
recognizance  or  bail  is  granted  unless  the  magistrate  believes  the  person  is  dan- 
gerous or  will  not  appear  for  trial.  Any  lengthy  detention  is  subject  to  review  by 
higher  judicial  authorities. 

A  Nigerian  human  rights  leader  was  allegedly  abused  by  police  in  April,  detained 
for  4  days  without  access  to  an  attorney,  and  tried  without  full  due  process  (see  Sec- 
tion I.e.). 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  this  provision  in  practice.  The  judiciary  provides 
citizens  with  a  fair  and  efficient  judicial  process. 

All  courts  of  first  instance  are  local  or  cantonal  courts.  Citizens  have  the  right 
to  appeal  to  a  higher  instance  court,  ultimately  to  the  Federal  Court.  Minor  cases 
are  tried  by  a  single  judge,  difficult  cases  by  a  panel  of  judges,  and  murder  (or  other 
serious  cases)  by  a  public  jury.  Trials  are  usually  held  expeditiously.  The  Constitu- 
tion provides  for  public  trials  in  which  the  defendant's  ri^ts  are  fully  respected, 
including  the  right  to  challenge  and  to  present  witnesses  or  evidence. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — Can- 
tonal laws  regulate  police  entry  into  private  premises.  These  regulations  differ  wide- 
ly from  canton  to  canton,  but  all  prohibit  such  practices  without  a  warrant.  All  gov- 
ernment authorities  respect  these  provisions,  and  violations  are  subject  to  effective 
legal  sanction. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  the  Government  respects  these  rights  in  practice.  An  inde- 
pendent press,  an  effective  judiciary,  and  a  functioning  democratic  political  system 
combine  to  ensure  freedom  of  speech  and  of  the  press,  including  academic  freedom. 
The  authorities  may  legally  restrict  these  freedoms  for  groups  deemed  to  be  a  threat 
to  the  State,  but  no  groups  were  restricted  during  the  year.  In  addition  an  article 
of  the  Penal  Code  criminalizes  racist  or  anti-Semitic  expression,  whether  in  public 
speech  or  in  printed  material. 

Most  broaacast  media  are  government-funded  but  possess  editorial  autonomy,  and 
foreign  broadcast  media  are  freely  available. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
these  rights,  and  the  Government  respects  them  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  complete  freedom  of  reli- 
gion, and  the  Government  respects  this  right  in  practice.  There  is  no  single  state 
church,  but  most  cantons  support  one  or  several  cnurches  with  public  funds.  In  all 
cantons,  an  individual  may  cnoose  not  to  contribute  to  church  funding.  In  some  can- 
tons, however,  private  companies  are  unable  to  avoid  payment  of  the  church  tax. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Under  the  Constitution  and  the  law,  citizens  are  free  to  travel  in  or 


1316 

outside  the  country,  to  emigrate,  and  to  repatriate.  Non-Swiss  convicted  of  crimes 
may  receive  sentences  that  include  denial  of  reentry  for  a  specific  period  following 
completion  of  a  prison  sentence. 

Switzerland  has  traditionally  been  a  haven  for  refugees,  but  public  concern  over 
the  high  number  of  asylum  seekers  generated  pressure  on  the  Government  to  tight- 
en its  policy. 

Some  human  rights  organizations  have  charged  the  authorities  with  abuses  in 
connection  with  the  implementation  of  a  1995  law  aimed  at  asylum  seekers  or  for- 
eigners living  illegally  in  Switzerland  who  are  suspected  of  disturbing  the  public 
order  or  avoiding  repatriation.  In  particular,  these  groups  have  alleged  instances  of 
abuse,  including  arbitrary  detention  as  well  as  denial  of  access  to  established  asy- 
lum procedures,  involving  police  at  the  two  main  airports.  They  also  charge  that  po- 
lice officers  used  the  law  to  detain  or  harass  asylum  seekers  who  are  not  suspected 
of  having  disturbed  public  order.  However,  the  allegations  of  these  human  rights  or- 
ganizations have  never  been  substantiated,  and  these  groups  indicate  that  the  situa- 
tion has  improved  recently.  Under  the  law,  police  actions  are  subject  to  judicial 
oversight,  and  the  Federal  Court  has  overturned  many  cases  in  which  it  believed 
that  there  was  not  sufTicient  regard  for  the  rights  of  asylum  seekers  or  other  for- 
eimers. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  and  other  humanitarian  organizations  in  assisting  refugees.  The 
Government  provides  first  asylum  and  provided  it  to  approximately  2,700  persons 
during  the  year.  Refugees  whose  applications  are  rejected  are  allowed  to  stay  tempo- 
rarily, if  their  home  country  is  experiencing  war  or  insurrection. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  Constitution  provides  citizens  with  the  right  to  change  their  government 
peacefully  (at  local,  cantonal,  and  federal  levels),  and  citizens  exercise  this  right  in 

firactice  through  periodic,  free,  and  fair  elections  held  on  the  basis  of  universal  suf- 
rage.  In  addition  initiative  and  referendum  procedures  provide  unusually  intense 
popular  involvement  in  the  legislative  process. 

Women  were  disenfranchised  until  1971  at  the  federal  level,  but  since  then  their 
participation  in  politics  has  continued  to  expand.  Women  occupy  51  of  the  246  seats 
in  the  Parliament,  1  of  7  seats  in  the  Federal  Council  (Cabinet),  a  record  25  percent 
of  the  seats  in  the  cantonal  government  executive  bodies,  and  about  one-fifth  of  the 
seats  in  conununal  executives.  In  1995  and  1996,  however,  voters  rejected  two  local 
initiatives  designed  to  reserve  a  fixed  percentage  of  elective  seats  for  women.  In 
March  the  Federal  Court  declared  invalid  another  local  initiative  with  the  same  pur- 
pose. A  vote  on  an  initiative  to  mandate  equal  gender  representation  in  all  federal 
institutions  is  scheduled  to  take  place  no  later  than  1999. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
All  major  international  and  domestic  human  rights  groups  are  active  and  operate 
without  government  restriction. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  and  laws  prohibit  discrimination  on  the  basis  of  race,  sex,  reli- 
gion, language,  or  social  status.  The  (jovemment  generally  enforces  these  prohibi- 
tions effectively,  although  a  few  laws  tend  to  discriminate  against  women. 

Women. — Violence  against  women  is  a  problem.  According  to  a  government-funded 
study  on  domestic  violence,  one-fiflh  of  all  women  suffer  in  their  relationships  at 
least  once  from  physical  or  sexual  violence,  and  about  40  percent  suffer  from  psycho- 
loOTcal  or  verbal  abuse. 

The  law  prohibits  wife  beating  and  similar  offenses.  Spousal  rape  is  a  crime  in 
the  Penal  Cfode.  Victims  of  violence  can  obtain  help,  counseling,  and  legal  assistance 
from  specialized  agencies  or  from  nearly  a  dozen  hot  lines  sponsored  privately  or 
by  local,  cantonal,  and  national  authorities.  An  estimated  700  women  and  nearly  as 
many  children  took  refuge  in  15  women's  shelters  during  1997. 

The  difficulty  in  gathering  information  about  the  number  of  prosecuted,  convicted, 
or  punished  spouse  abusers  stems  in  part  from  the  fact  that  legal  cases  are  handled 
by  each  canton  and  data  is  often  not  up-to-date.  According  to  police  criminal  statis- 
tics, 241  men  were  suspected  of  having  abused  women  in  1996,  and  in  1995,  73  men 
were  sentenced  for  such  abuse. 

The  Federation  of  Women's  Organizations  and  numerous  other  women's  NGO's 
have  heightened  public  awareness  of  the  problem  of  violence  against  women.  Two 
government-supported  women's   organizations  that   fight  for  equal  gender  rights 


1317 

jointly  conducted  the  first  national  campaign  against  violence  in  relationships.  This 
campaign  received  extensive  media  coverage.  No  significant  demonstrations  or 
marches  for  women's  rights  took  place  during  the  year. 

The  Penal  Code  criminalizes  sexual  exploitation  and  traflicking  in  women.  The 
authorities  eflectively  enforce  these  laws.  In  order  to  confront  modem  forms  of  traf- 
ficking in  women,  especially  via  the  Internet,  the  federal  police  increased  the  num- 
ber 01  their  agents. 

Although  the  Constitution  prohibits  all  types  of  discrimination,  a  few  laws  still 
tend  to  discriminate  against  women.  In  1996  however,  a  new  federal  law  on  equal 
opportunity  for  women  and  men  came  into  force.  The  law  includes  a  general  prohibi- 
tion on  gender-based  discrimination  and  incorporates  the  principle  of  "equal  wages 
for  equal  work."  The  law  also  includes  provisions  aimed  at  eliminating  sexual  har- 
assment and  facilitating  access  to  legal  remedies  for  those  who  claim  discrimination 
or  harassment.  In  March  the  Government  adopted  the  1979  U.N.  Convention  on  The 
Elimination  of  All  Forms  of  Discrimination  Against  Women,  albeit  with  some  minor 
reservations. 

At  the  aggregate  level,  men  earn  more  than  women,  but  it  is  not  clear  if  this  cir- 
cumstance reflects  overt  discrimination  or  other  factors.  Individual  cases  of  denial 
of  equal  pay  for  equal  work  are  subject  to  the  new  law.  A  revised  labor  law  that 
would  have  eliminated  special  restrictions  on  working  hours  for  women  was  de- 
feated in  a  1996  referendum  (see  Section  6.e.). 

Journalistic  reports  of  pre— 1970's  instances  of  forced  sterilization  of  women  led 
parliamentarians  in  Octooer  to  ask  the  Federal  Council  to  write  a  report  on  the 

f>ractice  as  well  as  the  legal,  medical,  historical,  and  social  policy  background  of 
orced  sterilization,  in  view  of  a  projected  tutelage  law  that  is  to  include  regulations 
concerning  sterilization  of  mentally  disabled  persons.  Forced  sterilization  was  not 
ordered  by  the  Swiss  Federal  Government.  However,  one  cantonal  government 
adopted  such  a  law  in  1928,  which  was  abrogated  in  the  1970's.  Women  s  organiza- 
tions apparently  made  no  public  statements  aoout  the  reports. 

Children. — Despite  the  fact  that  the  Government  has  no  special  program  for  chil- 
dren and  that  there  is  no  special  governmental  office  for  chiloren's  matters,  the  Gov- 
ernment demonstrates  its  strong  commitment  to  children's  rights  and  welfare 
through  a  well-funded  public  education  system  and  medical  care.  The  federal  and 
cantonal  governments,  as  well  as  about  80  NGO's  that  defend  children's  rights,  have 
devoted  considerable  attention  in  recent  years  to  child  abuse,  especially  sexual 
abuse.  For  convicted  perpetrators  of  the  latter,  the  law  provides  for  imprisonment 
for  up  to  15  years.  On  September  1,  amendments  to  the  federal  Penal  Code  came 
into  effect,  which  provide  for  an  increase  of  the  statute  of  limitations  in  cases  of 
child  abuse  from  5  to  10  years. 

With  respect  to  child  abuse  abroad,  the  law  provides  for  prosecution  only  if  the 
act  is  considered  a  crime  in  the  country  in  which  it  took  place.  Experts  have  pro- 
posed making  such  acts  punishable  in  Switzerland  regardless  of  where  the  crime 
took  place,  but  there  was  no  action  on  the  problem  during  the  year. 

In  March  Parliament  ratified  the  U.N.  Convention  on  Children's  Rights,  which 
subsequently  came  into  force.  However,  it  included  five  reservations.  The  most  im- 
portant reservation  concerns  children  of  migrant  seasonal  workers  who  are  not  auto- 
matically permitted  to  join  their  parents.  Children  of  foreigners  working  as  migrant 
laborers  are  only  permitted  to  visit  on  tourist  visas  for  a  period  of  3  months  at  a 
time.  After  3  montns,  they  must  return  to  their  homeland  for  1  month. 

People  With  Disabilities. — There  are  strong  legal  prohibitions  against  discrimina- 
tion directed  at  disabled  persons  in  employment,  education,  and  the  provision  of 
other  state  services.  Advocates  for  the  disabled  have  called  for  new  measures  to  en- 
sure greater  protection  for  their  rights,  including  easier  access  to  buildings  and  pub- 
lic transportation.  The  Government,  however,  nas  not  mandated  that  building  or 
transportation  facilities  be  made  accessible.  In  1996  a  Member  of  Parliament  pro- 
posed legislation  to  amend  the  Constitution  to  provide  equality  of  opportunity  for 
the  disabled.  The  legislation  has  received  broad  support  in  Parliament,  but  it  would 
be  subject  to  a  mandatory  voter  referendum,  and  tnere  was  no  tangible  action  on 
the  problem  during  the  year. 

A  1995  law  exempts  disabled  men  from  the  tax  imposed  on  those  who  have  not 
fulfilled  their  military  duty. 

National / Racial/ Ethnic  Minorities. — According  to  NGO  statistics,  which  have  not 
been  verified,  there  were  33  reported  attacks  against  foreigners  in  the  first  half  of 
1997,  compared  with  41  reported  for  the  same  period  in  1996.  However,  the  num- 
bers appear  to  have  increased  in  the  latter  half  of  1997.  These  figures  included  in- 
stances of  verbal  and  written  "attacks,"  which  are  much  more  common  than  physical 
assaults.  Investigations  of  these  attacks  are  conducted  effectively  and  lead,  in  most 
cases,  to  the  arrest  of  the  persons  responsible.  Persons  convicted  of  racist  crimes  are 


1318 

commonly  sentenced  to  from  3  days'  to  3  years'  imprisonment  with  a  fine  of  up  to 
approxiniately  $27,210  (40,000  Swiss  francs). 

In  accordance  with  the  first  antiracism  law,  which  was  approved  in  1994  (and 
which  criminalizes  racist  and  anti-Semitic  actions  or  public  speech),  the  Grovemment 
appointed  in  1995  a  commission  against  racism.  This  group  of  experts  focuses  on 
preventive  measures  and  serves  as  a  mediator  for  conflicts  between  individuals.  Ac- 
cording to  NGO  statistics,  about  a  dozen  judgments  have  been  made  thus  far  based 
on  the  1994  law.  The  heaviest  penalty  was  a  4-month  conditional  imprisonment. 

There  was  no  documented  increase  in  specific  anti-Semitic  actions,  but  there  was 
a  general  impression,  in  view  of  the  ongoing  discussions  over  Nazi  gold  and  the  hol- 
ocaust era  assets,  that  anti-Semitism  increased  during  the  year.  Government  ofli- 
cials,  including  the  Foreign  Minister,  spoke  publicly  against  anti-Semitism. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — All  workers,  including  foreigners,  have  the  freedom 
to  associate  freely,  to  join  unions  of  their  choice,  and  to  select  their  own  representa- 
tives. The  Government  does  not  hamper  the  exercise  of  these  rights.  About  one-third 
of  the  work  force  is  unionized. 

The  right  to  strike  is  legally  recognized  and  freely  exercised,  but  a  unique  labor 
peace  under  an  informal  agreement  between  unions  and  employers — in  existence 
since  the  1930's — has  meant  fewer  than  10  strikes  per  year  since  1975.  There  were 
no  significant  strikes  during  the  year. 

Unions  are  independent  of  the  government  and  political  parties,  and  laws  prohibit 
retribution  against  strikers  or  their  leaders.  Unions  can  associate  freely  with  inter- 
national organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — By  law  workers  have  the 
right  to  organize  and  bargain  collectively,  and  the  law  protects  them  from  acts  of 
antiunion  discrimination.  The  CJovernment  fully  respects  these  provisions.  Periodic 
negotiations  between  employer  and  worker  organizations  determine  wages  and  set- 
tle other  labor  issues  at  the  national  and  local  levels.  Nonunion  firms  generally 
adopt  the  terms  and  conditions  fixed  in  the  unions'  collective  bargaining. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Although  there  is  no  specific  con- 
stitutional or  statutory  ban  on  forced  or  compulsory  labor  in  general,  and  on  child 
labor  in  particular,  such  practices  are  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  mini- 
mum age  for  employment  of  children  is  15  years,  and  children  are  in  school  up  to 
this  age.  Children  over  13  years  old  may  be  employed  in  light  duties  for  not  more 
than  9  hours  a  week  during  the  school  year  and  15  hours  otherwise.  The  employ- 
ment of  youths  between  the  ages  of  15  and  20  is  strictly  regulated;  they  cannot  work 
at  night,  on  Sundays,  or  under  hazardous  or  dangerous  conditions.  The  Federal  Of- 
fice for  Industry,  Trade,  and  Labor  effectively  enforces  the  law  on  working  condi- 
tions. 

The  Government  does  not  specifically  prohibit  forced  and  bonded  labor  by  chil- 
dren, although  such  prohibitions  are  implicitly  included  in  the  Labor  Act.  Such 
forms  of  labor  are  not  believed  to  occur  (see  Section  6.c.). 

Government  officials  inspect  companies  that  employ  children  after  having  received 
complaints.  Every  year  a  few  employers  are  fined  or  receive  conditional  imprison- 
ment for  violations  of  the  law. 

e.  Acceptable  Conditions  of  Work. — There  is  no  national  minimum  wage.  The  low- 
est wages  fixed  in  collective  bargaining  are  always  adequate  to  provide  a  decent 
standard  of  living  for  workers  and  their  families. 

The  1964  Labor  Act  established  a  maximum  45-hour  workweek  for  blue-  and 
white-collar  workers  in  industry,  services,  and  retail  trades,  and  a  50-hour  work- 
week for  all  other  workers.  The  law  prescribes  a  rest  period  during  the  workweek. 
Overtime  is  limited  by  law  to  260  hours  annually  for  those  working  45  hours  per 
week  and  to  220  hours  annually  for  those  working  50  hours  per  week. 

The  Labor  Act  and  the  Federal  Code  of  Obligations  contain  extensive  regulations 
to  protect  worker  health  and  safety.  There  have  been  no  reports  of  lapses  in  the  en- 
forcement of  these  regulations,  but  the  degree  to  which  enforcement  is  effective  is 
unclear.  The  Government  is  currently  overhauling  the  Labor  Act,  in  part  to 
strengthen  provisions  for  workers'  health  and  safety.  The  Parliament  passed  a  re- 
vised labor  law,  but  it  was  defeated  in  a  1996  referendum.  A  worker  may  leave  a 
dangerous  assignment  without  penalty. 


1319 
TAJIKISTAN 

Tajikistan  remains  in  the  hands  of  a  largely  authoritarian  government,  although 
it  has  established  some  nominally  democratic  structures.  The  Government's  narrow 
base  of  support  limits  its  ability  to  control  the  entire  territory  of  the  country.  The 
Government  of  President  Emomali  Rahmonov,  comprised  largely  of  natives  of  the 
Kulob  region,  continued  to  dominate  the  State. 

Tajikistan  took  a  significant  step  toward  national  reconciliation  after  its  1992  civil 
war,  with  the  signing  of  a  comprehensive  peace  accord  in  June,  and  the  inaugura- 
tion of  a  Commission  on  National  Reconciliation  in  July  in  Moscow.  An  amnesty 
agreement  and  accord  on  exchange  of  prisoners  also  were  signed;  the  Commission 
on  National  Reconciliation  met  in  Moscow  in  July,  before  moving  to  Dushanbe  in 
September.  Despite  the  agreement,  the  United  Nations  Mission  of  Observers  to 
Tajikistan  (UNMOT)  reported  two  cease-fire  violations  in  August.  Under  the  peace 
accords,  the  opposition  is  allotted  30  percent  of  government  positions  but  as  of  year's 
end,  the  Government  still  had  not  given  the  opposition  any  positions.  The  judiciary 
is  not  independent. 

Internal  security  is  the  responsibility  of  the  Ministries  of  Interior,  Security,  and 
Defense.  The  Russian  Army's  201st  Motorized  Rifle  Division,  part  of  a  Common- 
wealth of  Independent  States  (CIS)  peacekeeping  force  established  in  1993,  re- 
mained in  the  country.  The  Russian  Border  Guard  Force  (RBF)  reports  to  Moscow, 
has  primary  responsibility  for  guarding  the  border  with  Afghanistan,  and  is  com- 
prised mostly  of  Tajiks  with  some  Russians  and  a  limited  number  of  other  Central 
Asians,  although  the  officer  corps  remains  principally  Russian.  Some  regions  of  the 
country  remained  effectively  outside  the  Government  s  control,  and  government  con- 
trol in  other  areas  existed  only  by  day,  or  at  the  sufferance  of  local  opposition  com- 
manders. Opposition  forces  basea  near  Kofamihon,  east  of  Dushanbe,  carried  out  a 
variety  of  attacks  during  the  year.  Some  members  of  the  security  forces  and  govern- 
ment-aligned militias  committed  serious  human  ri^ts  abuses.  The  armed  opposi- 
tion also  committed  serious  human  rights  abuses,  including  abductions  and  mur- 
ders. There  have  been  credible  reports  of  threatening,  extortion  and  abuse  of  civilian 
populations  by  both  government  and  United  Tajik  Opposition  units. 

The  economy  continued  to  be  extremely  depressed,  and  government  revenue  re- 
mains highly  dependent  on  the  government-owned  aluminum  and  government-domi- 
nated cotton  industries.  Economic  reform  has  been  halting.  Most  Soviet-era  factories 
operate  at  a  minimal  level,  if  at  all,  while  privatization  has  moved  ahead  only  slow- 
ly. As  much  as  one-third  of  the  total  population  is  unemployed  or  significantly  un- 
deremployed according  to  government  estimates.  Infiation  increased  during  1997, 
and  the  exchange  rate  declined  substantially  as  the  Government  failed  to  maintain 
fiscal  and  budgetary  discipline.  Many,  but  not  all,  wages  and  pensions  are  being 
paid.  However,  because  most  yearly  salary  percentage  increases  are  still  meager  and 
do  not  keep  up  with  infiation,  the  sums  remain  extremely  low  and  not  enough  to 
support  adequate  nutrition  without  supplemental  income.  Gross  domestic  product 
increased  marginally,  but  remained  as  low  as  $200-$400  per  person,  according  to 
official  statistics.  There  were  serious  shortages  of  natural  gas  for  heating  and  indus- 
try, largely  as  a  result  of  continued  disputes  with  Uzbekistan  over  natural  gas  pur- 
chases. Wheat  acreage  and  the  total  harvest  continued  to  increase  dramatically  as 
privatized  farmers  responded  to  their  own  and  market  needs  for  increased  produc- 
tion, although  state  farm  harvests  continue  to  be  mediocre. 

The  Government's  human  rights  record  improved  slightly,  due  principally  to  the 
reduced  level  of  violence  and  the  absence  of  widespread  military  conflict;  however, 
serious  problems  remain. 

The  Government  limits  citizens'  right  to  change  their  government.  Some  members 
of  the  security  forces  were  responsible  for  killings  and  oeatings,  and  often  abused 
detainees.  These  forces  were  also  responsible  lor  threats,  extortion,  looting,  and 
abuse  of  civilians.  Certain  battalions  of  nominally  government  forces  operated  quasi- 
independently  under  their  various  leaders,  who  generally  have  government  posi- 
tions. These  forces  committed  similar  abuses.  The  government  prosecuted  few  per- 
petrators for  these  abuses.  Prison  conditions  remain  life  threatening,  and  the  Gov- 
ernment continued  to  use  arbitrary  arrest  and  detention.  Basic  problems  of  rule  of 
law  persist.  There  are  often  long  delays  before  trials,  and  the  judiciary  is  subject 
to  political  and  paramilitary  pressure.  The  authorities  infringe  on  citizens'  right  to 
privacy.  There  has  been  public  criticism  of  corrupt  or  criminal  actions  by  Ministry 
of  Interior  employees,  several  dozen  of  whom  were  removed  from  their  positions  dur- 
ing the  year. 

The  Government  severely  restricts  freedom  of  the  press,  restricts  freedom  of 
speech,  and  dominates  the  electronic  media.  No  genuine  opposition  media  appeared 


45-909    98-43 


1320 

during  the  year,  and  the  Government  suspended  and  harassed  independent  local  tel- 
evision stations.  The  authorities  strictly  control  freedom  of  assembly  and  association 
for  political  organizations.  Freedom  of  assembly  is  hindered.  Two  new  political  par- 
ties were  allowed  to  register,  bringing  the  total  to  11;  the  3  opposition  parties  and 
a  branch  of  the  fourth  affiliated  with  the  armed  opposition  remained  suspended.  The 
Grovemment  cooperated  to  a  limited  extent  with  the  Organization  on  Security  and 
Cooperation  in  Europe  (OSCE)  in  Dushanbe,  but  did  not  establish  a  human  rights 
ombudsman  as  recommended  by  the  OSCE.  The  Government  also  did  not  establish 
its  own  ombudsman,  despite  its  statement  in  1996  that  it  would  do  so.  Violence 
against  women  is  a  problem. 

Several  armed  clashes  among  ostensible  government  supporters  occurred,  result- 
ing in  civilian  deaths,  abuse,  and  property  damage.  The  general  weakness  of  govern- 
ment control  and  continuing  decline  in  social  order  led  to  an  increase  in  crime  and 
violence,  including  politically-inspired  violence. 

The  armed  opposition  committed  numerous  serious  abuses.  Opposition  forces  were 
responsible  for  killings,  kidnapings,  abuse,  threats,  and  extortion,  including  against 
civilians. 

Following  the  collapse  of  the  Soviet  Union  and  the  independence  of  Tajikistan  in 
1991,  regional,  political,  and  religious  tensions  led  to  a  brief  but  violent  civil  war 
in  1992-93.  A  low  scale  guerrilla  war  continued  until  late  1996,  led  by  a  coalition 
of  regionally  based,  democratic  and  Islamic  groups,  with  a  political  base  and  refugee 
population  in  northern  Afghanistan,  against  the  winners  of  the  civil  war,  a  loose  co- 
alition of  also  regionally  based,  but  more  politically  traditional,  that  is  Communist, 
elements.  By  June  a  series  of  accords  had  been  signed  ending  the  civil  strife  and 
pointing  to  elections  in  1998. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Extrajudicial  killings  numbered  in 
the  scores  but  it  was  difficult  to  attribute  responsibility  in  many  individual  cases. 
Some  killings  were  committed  by  competing  government  forces  for  varying  motives, 
both  political  and  economic;  some  by  the  opposition;  and  some  by  independent  war- 
lords. 

For  example  commanders  under  Presidential  Guard  chief  Ghaffar  Mirzoyev  have 
reportedly  carried  out  a  number  of  killings  in  the  Tursunzade  area  since  they  took 
control  of  it  from  mutinous  forces  in  August.  In  one  case,  a  religious  leader  with 
ties  to  the  Tajik  opposition  and  his  son  were  killed  by  a  hand  grenade  thrown  into 
their  house  in  early  November. 

In  April  an  assassination  attempt  in  Khujand  slightly  wounded  the  President  and 
killed  two  members  of  his  entourage.  The  grenade  thrown  at  the  FVesident  and  de- 
fensive action  by  security  forces  also  wounded  70  other  persons.  Government  forces 
arrested  a  large  number  of  civilians  and  some  officials,  in  some  cases  using  the  as- 
sassination attempt  to  arrest  opponents  without  any  evidence  of  their  involvement. 
Many  of  those  arrested  are  still  in  jail.  While  some  have  been  tried  and  sentenced, 
most  are  still  being  investigated.  A  number  of  local  officials,  businessmen,  and  pro- 
fessional figures  were  killed  during  the  year  for  a  variety  ofpolitical,  economic,  and 
ethnic  reasons.  Few  suspects,  if  any,  have  been  identified.  The  Government  has  in- 
vestigated some  of  the  higher  profile  cases,  but  without  positive  results.  The  com- 
petence of  those  efforts  as  well  as  their  independence  are  questionable.  A  number 
of  murders  have  been  essentially  concealed  with  official  news  noting  only  that  some- 
one died. 

At  about  3:00  a.m.  on  October  16,  gunmen  attacked  the  headquarters  of  the  Presi- 
dential Guards  and  killed  14  persons;  some  guards  were  shot  and  killed  while  they 
slept.  Some  of  the  attackers  also  were  killed,  but  responsibility  for  the  attack  re- 
mained unclear  at  year's  end. 

In  January  an  extended  series  of  clashes  between  two  groups  seeking  to  control 
Tursunzade  resulted  in  the  death  of  at  least  several  persons,  and  perhaps  a  signifi- 
cantly higher  number,  some  of  them  unarmed  bystanders.  These  killings  do  not  ap- 
pear to  be  connected  with  the  government-opposition  conflict,  but  reflect  the  lack  of 
governmental  control  and  the  seizure  of  local  authority  by  regional  strongmen.  Ap- 
proximately 20  people  were  killed  in  clashes  between  followers  of  rival  government 
officials  in  August.  In  the  aftermath  of  this  fighting  between  opposing  elements 
within  the  government  forces  in  southern  Tajikistan,  especially  in  the  wake  of  the 
failed  mutiny  by  renegade  government  Colonel  Mahmud  Khudoberdiev,  there  were 
widespread  reports  of  killings  of  personnel  belonging  to  or  supporting 
Khudoberdiev's  losing  side,  and  of  ethnic  Uzbeks,  although  it  is  unclear  whether  the 


1321 

latter  killings  were  politically  motivated  or  resulted  from  the  absence  of  law  and 
order. 

Several  Russian  army  officers,  soldiers,  and  staff  were  killed  during  the  year.  The 
Russian  forces  and  the  Government  have  generally  blamed  the  opposition  in  these 
cases,  charges  that  the  opposition  has  denied.  On  February  18,  six  ethnic  Russians, 
including  two  off  duty  U.S.  Embassy  security  guards  were  killed.  The  alleged  per- 
petrators, who  belonged  to  the  United  Tajik  Opposition,  confessed  in  the  presence 
of  United  Nations  personnel.  Opposition  leaders  denied  that  they  had  any  respon- 
sibility for  the  attack.  In  Septenriber  an  ethnic  Russian  music  teacher  and  her  son 
were  killed  in  her  apartment.  "Death  to  Russians'  and  "Allahu  Akbar"  were 
scrawled  in  blood  on  the  wall. 

Poor  prison  conditions  and  lack  of  food  and  adequate  medical  treatment  resulted 
in  a  significant  number  of  deaths  in  custody,  although  the  situation  improved  over 
1996  (see  Section  I.e.). 

There  have  been  no  developments  in,  among  other  outstanding  cases,  the  1996 
murders  of  the  mufli  of  Tajikistan  and  members  of  his  family;  Nnihammad  Osimi, 
a  respected  senior  academic;  and  a  prominent  member  of  Parliament. 

b.  Disappearance. — There  were  a  number  of  disappearances  during  the  year.  The 
bodies  of  a  number  of  persons  who  were  kidnaped  and  killed  were  later  found. 

On  February  4,  5,  and  6,  hostages  eventually  totaling  16  persons,  including  Min- 
ister of  Security  Saidamir  Zuhurov,  four  UNMOT  representatives,  and  four  journal- 
ists, were  seized  by  independent  opposition  commander  Bahrom  Alimaraonovich 
Sodirov.  The  hostages  were  held  from  February  4  to  February  17.  In  August  two 
sons  of  former  mufli  Amonullo  Nematzoda,  the  head  of  the  Islamic  Center  of 
Tajikistan,  were  taken  hostage  and  held  for  ransom.  Nematzoda  was  taken  hostage 
and  released  in  October.  A  number  of  militia  personnel  were  taken  hostage  at  var- 
ious times;  some  were  killed. 

Two  French  citizens,  Franck  Janvier-Dupuy,  the  director  of  the  European  Union's 
technical  assistance  program,  and  Karine  Mane  were  kidnaped  in  mid-November  in 
Dushambe  and  held  hostage  in  proposed  exchange  for  the  leader  of  the  February 
kidnaping  incident.  Mane  died  during  a  government-led  rescue  attempt. 

The  Government  has  not  been  active  in  investigating  disappearances  from  pre- 
vious years  due  to  insufficient  resources,  political  pressure,  and  a  lack  of  profes- 
sionalism. There  were  no  developments  in  the  1996  disappearance  of  Zafar 
Rahmonov,  the  opposition  cochairman  of  the  Joint  Commission  on  cease-fire  obser- 
vation. 

There  have  been  no  reports  of  disappearances  tied  to  forcible  conscription. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  such  practices,  but  in  practice  the  Government  violates  such  pro- 
hibitions. Security  officials,  particularly  those  in  the  Ministry  of  Interior,  regularly 
beat  detainees  in  custody,  and  use  systematic  beatings  to  extort  confessions.  There 
were  credible  allegations  that  security  forces  illegally  detained,  mistreated,  and  beat 
members  of  opposition  parties  or  their  relatives  (see  Section  l.d.).  There  were  no  re- 
ports of  rape  or  threat  of  rape  of  women  in  prison  or  detention. 

Prison  conditions  remain  harsh  and  life  threatening.  Prisons  are  generally  over- 
crowded, unsanitary,  and  disease-ridden,  producing  serious  threats  to  many  pris- 
oners' health,  although  there  was  slight  improvement  in  food  and  medical  care  re- 
flecting ICRC  assistance.  This  problem  reflects  in  part  the  self-funded  status  of  most 
prisons,  under  which  before  1992  prisoners  grew  much  of  their  own  food  or  made 
goods  for  sale.  The  general  collapse  of  governmental  programs  and  of  the  economy 
also  caused  the  virtual  disappearance  oi  these  programs.  Conditions  in  most  prisons 
improved  somewhat  in  1997,  due  primarily  to  the  efforts  of  international  relief 
groups  and  the  International  Committee  of  the  Red  Cross  (ICRC).  Some  food  pro- 
duction is  resuming. 

A  major  cause  of  the  April  uprising  in  a  Khujand  prison  were  reports  that  the 
Government  planned  to  transfer  prisoners  to  Dushanbe,  away  from  their  families 
and  food  source.  Twenty-six  prisoners  were  shot  and  killed  when  government  forces 
retook  the  prison. 

Family  members  are  allowed  access  to  prisoners  only  after  a  guilty  verdict,  in  ac- 
cordance with  the  law.  The  ICRC  has  succeeded  in  getting  permission  for  access  to 
convicted  prisoners  but  not  those  in  pretrial  detention  (where  most  abuses  occur) 
despite  written  assurances  from  senior  government  officials  (see  Section  4).  The 
ICRC  has  been  able  to  establish  a  program  to  provide  food  for  both  guards  and  pris- 
oners in  many  institutions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Criminal  Code  has  not  been  signifi- 
cantly amended  since  independence,  and  it  therefore  retains  many  of  the  defects  in- 
herited from  Soviet  times.  The  Government  continued  to  arbitrarily  arrest  and  de- 
tain citizens.  Revision  of  the  Criminal  Code  is  a  high  priority  of  the  Majlisi  OH  (par- 


1322 

liament),  however,  because  of  the  size  and  complexity  of  the  code,  the  small  par- 
liamentary staff,  and  limited  time  in  session  for  the  Majlisi,  progress  has  been  slow. 
The  system  allows  for  lengthy  pretrial  detention  and  provides  few  checks  on  the 
power  of  procurators  and  police  to  arrest  persons.  Public  order,  which  broke  down 
during  the  civil  war,  has  yet  to  be  fully  restored,  and  the  virtual  immunity  from 
prosecution  of  armed  militia  groups  has  further  eroded  the  integrity  of  the  legal  sys- 
tem. 

Police  legally  may  detain  persons  without  a  warrant  for  a  period  of  72  hours,  and 
the  procurator's  omce  may  do  so  for  a  period  of  10  days  after  which  the  accused 
must  be  officially  charged.  At  that  point,  the  Criminal  Code  permits  pretrial  deten- 
tion for  up  to  15  months.  The  first  3  months  of  detention  are  at  the  discretion  of 
the  local  procurator,  the  second  3  months  must  be  approved  at  the  regional  level, 
and  the  Procurator  General  must  sanction  the  remaining  time  in  detention.  The 
Criminal  Code  maintains  that  all  investigations  must  be  completed  1  month  before 
the  15-month  maximum  in  order  to  allow  the  defense  time  to  examine  government 
evidence.  There  is  no  requirement  for  judicial  approval  or  for  a  preliminary  judicial 
hearing  on  the  charge  or  detention.  In  criminal  cases,  detainees  may  be  released 
and  restricted  to  their  place  of  residence  pending  trial.  Once  a  case  is  entered  for 
trial,  the  law  states  that  it  must  be  brought  before  a  judge  within  28  days.  However, 
it  is  common  for  cases  to  languish  for  many  months  before  the  trial  begins. 

Politically  motivated  arrests  apparently  have  increased,  especially  in  the  north 
following  the  April  30  assassination  attempt  on  the  President,  and  in  the  south  fol- 
lowing the  August  military  clash  between  government  factions.  Arrests  numbered 
in  the  scores.  Tnere  are  credible  allegations  of  illegal  government  detention  for  ques- 
tioning of  members  of  opposition  political  parties  or  their  relatives.  In  most  cases, 
the  security  officers,  principally  personnel  irom  the  Ministry  of  Internal  Affairs  and 
Ministry  of  Security,  do  not  obtain  arrest  warrants  and  do  not  bring  charges.  Those 
released  sometimes  claimed  that  they  were  mistreated  and  beaten  during  detention. 

Opposition  sources  maintain  that  security  forces  detained  dozens  of  persons  un- 
lawiully  without  charge.  Since  the  law  precludes  visits  to  persons  in  pretrial  deten- 
tion, it  is  not  possible  to  assess  these  allegations.  There  could  be  as  many  as  several 
hundred  political  detainees,  but  the  absence  of  ICRC  or  other  access  to  these  per- 
sons makes  any  estimate  uncertain. 

The  Constitution  states  that  no  one  can  be  exiled  without  a  legal  basis;  no  laws 
have  been  passed  so  far  setting  out  any  legal  basis  for  exile.  There  were  no  reports 
of  the  use  of  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  1994  Constitution  states  that  judges  are  inde- 

f)endent  and  subordinate  only  to  the  Constitution  and  the  law;  it  prohibits  inter- 
erence  in  their  activities.  However,  judicial  officials  at  all  levels  of  the  court  system 
are  heavily  influenced  by  both  the  political  leadership  and,  in  many  instances, 
armed  paramilitary  groups.  Under  the  Constitution,  the  President  has  the  right, 
with  confirmation  by  the  Parliament,  to  both  appoint  and  dismiss  judges  and  pros- 
ecutors. In  one  case  involving  AbduUiafiz  Abdullajonov,  the  brother  of  a  political  op- 
ponent of  the  President,  who  was  arrested  in  early  summer,  narcotics  charges  ap- 
pear fabricated.  The  judge  was  removed  after  ruling  against  the  Government's  case; 
the  Government  has  since  claimed  that  the  judge  took  a  bribe  and  was  removed  for 
corruption.  Abdullajonov  is  now  charged  with  direct  involvement  in  the  April  assas- 
sination attempt  against  the  president  and  is  on  trial  for  that  crime.  Judges  at  the 
local,  regional  and  republic  level  are,  for  the  most  part,  poorly  trained  and  lack  un- 
derstanding of  an  independent  judiciary. 

The  court  system,  largely  unmodified  from  the  Soviet  period,  includes  city,  dis- 
trict, regional,  and  national  levels,  with  a  parallel  military  system.  Higher  courts 
serve  as  appellate  courts  for  the  lower  ones.  The  Constitution  establishes  additional 
courts,  including  a  Constitutional  Court.  This  court  has  begun  to  function,  has 
heard  some  cases,  and  issued  decisions. 

According  to  the  law,  trials  are  public,  except  in  cases  involving  national  security 
or  the  protection  of  minors.  The  court  appoints  an  attorney  for  those  who  do  not 
have  one.  Defendants  may  choose  their  own  attorneys  but  may  not  necessarily 
choose  among  court-appointed  defenders.  In  practice  arrested  persons  are  often  de- 
nied prompt,  and  in  some  cases  any,  access  to  an  attorney. 

The  procurator's  office  is  responsible  for  conducting  all  investigations  of  alleged 
criminal  conduct.  In  theory  both  defendant  and  counsel  have  the  right  to  review  all 
government  evidence,  to  confront  witnesses,  and  to  present  evidence  and  testimony. 
No  groups  are  barred  from  testifying,  and  all  testimony  is  theoretically  given  equal 
weight,  regardless  of  the  ethnicity  or  gender  of  the  witness.  Ministry  of  Justice  offi- 
cials maintain  that  defendants  benefit  from  the  presumption  of  innocence,  despite 
the  unmodified  Soviet  legal  statute,  which  presumes  the  guilt  of  all  brought  to  trial. 
Thus,  in  practice,  bringing  charges  tends  to  suggest  guilt  to  most  Tajiks. 


1323 

Pressure  continues  to  be  exerted  on  the  judicial  system  by  local  strongmen,  their 
armed  paramilitary  groups,  and  vigilantes  who  operate  outside  of  government  con- 
trol, sometimes  leading  to  the  dismissal  of  chtirges  and  dropping  of  cases.  Bribery 
of  prosecutors  and  judges  is  also  considered  to  be  widespread. 

The  Government  holds  political  prisoners  including  opposition  party  activists,  al- 
though estimates  of  the  number  of  prisoners  vary  widely.  The  Government  and  the 
Tajik  opposition  exchanged  multiple  lists  of  prisoners  of  war  (POW's)  and  political 
prisoners  for  exchange  as  a  result  of  the  June  inter-Tajik  talks  in  Moscow.  The  larg- 
est opposition  list  totaled  700  names  of  political  prisoners  believed  by  the  opposition 
to  be  in  government  custody,  while  the  largest  government  list  totaled  over  400  sol- 
diers believed  by  the  Government  to  be  held  by  the  opposition.  Both  lists  undoubt- 
edly include  many  names  of  persons  missing,  dead,  or  in  the  case  of  POW's  held 
by  the  opposition,  having  defected.  The  Government  released  48  prisoners  in  July 
in  exchange  for  49  prisoners  held  by  the  opposition.  A  second  prisoner  exchange  in 
August  was  delayed  by  fighting  resulting  from  Khudoberdiev^s  mutiny.  In  Septem- 
ber 25  soldiers  held  by  the  opposition  were  released  and  in  October,  the  opposition 
released  85  and  the  Government  78  persons. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  the  home  and  prohibits  interference 
with  correspondence,  telephone  conversations,  and  postal  and  communication  rights, 
except  "in  cases  prescribed  by  law."  Police  may  not  enter  and  search  a  private  home 
without  the  approval  of  the  procurator.  In  some  cases,  police  may  enter  and  search 
a  home  without  permission,  but  they  must  then  inform  the  procurator  within  24 
hours.  Police  also  are  permitted  to  enter  and  search  homes  without  permission  if 
they  have  compelling  reason  to  believe  a  delay  in  obtaining  a  warrant  would  impair 
national  security.  There  is  no  judicial  review  of  police  searches  conducted  without 
a  warrant. 

There  are  continuing  credible  reports  of  arbitrary  illegal  search,  seizure,  and 
looting  by  government  forces,  especially  in  the  wake  of  the  August  fighting  in  south- 
ern and  western  Tajikistan. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  in  Internal  Con- 
flicts.— The  level  of  violence  that  was  dominant  during  the  peak  of  the  civil  war  in 
1992-93  has  dropped  dramatically  with  the  iniplementation  of  the  cease-fire  and  the 
signing  of  the  comprehensive  peace  accords.  Those  incidents  of  violence  that  have 
occurred  during  the  year  are  largely  the  acts  of  terrorists  or  the  consequence  of  ac- 
tions by  a  still  armed  population. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Despite  the  Constitution  and  the  1991  law  pro- 
tecting freedom  of  speech  and  the  press,  the  Government  severely  restricts  freedom 
of  expression  in  practice.  Journalists,  broadcasters,  and  individual  citizens  who  dis- 
agree with  government  policies  cannot  speak  freely  or  critically.  The  Government 
exercises  control  over  the  media  both  overtly  through  legislation  and  less  obviously 
through  such  mechanisms  as  "friendly  advice"  to  reporters  on  what  news  should  not 
be  covered.  The  Government  also  controlled  the  printing  presses  and  the  supply  of 
newsprint,  and  broadcasting  facilities,  and  subsidizes  virtually  all  publications  and 
productions.  Editors  fearful  of  reprisals  exercise  careful  self-censorship. 

There  is  one  national  television  service  with  several  local  offices  which  cover  re- 
gional and  local  issues  from  an  official  point  of  view.  There  are  also  about  10  inde- 
pendent television  stations  that  do  not  at  this  time  have  their  own  facilities  and 
must  make  use  of  the  official  studios  for  most  of  their  work.  There  are  a  variety 
of  local  newspapers,  but  only  a  handful  attempt  to  cover  serious  news.  Several  are 
organs  of  political  parties  or  blocs.  Of  three  serious  newspapers  in  Dushanbe,  two 
were  closed  briefly  in  mid-November  after  one  published  an  interview  with  a  gov- 
ernment opponent. 

Both  Ittihod,  the  weekly  of  the  socialist  party,  and  Samar,  the  weekly  belonging 
to  an  entrepreneur  and  deputy  of  Parliament  from  the  Vose  district,  on  occasion 
were  prevented  from  publishing  articles  critical  of  the  Government.  The  Govern- 
ment nationalized  a  publishing  nouse  belonging  to  the  Communist  Party.  An  inde- 
pendent television  station  in  the  northern  city  of  Khujand,  linked  to  a  former  pro- 
vincial chairman,  closed  by  the  regional  government  in  1996,  remained  closed.  De- 
spite passage  of  a  new  media  law  in  December  1996,  permitting  independent  tele- 
vision stations,  the  Government  officially  closed  some  such  stations  in  1997,  and 
was  very  slow  in  publishing  implementing  regulations  to  permit  independent  sta- 
tions to  register.  However,  regulations  were  finally  issued  in  the  fall,  and  by  the 
end  of  December,  three  stations  were  licensed  and  operating  legally,  and  four  others 
filed  the  required  documents  and  need  only  pay  registration  fees. 


1324 

Academic  expression  is  limited  principally  by  the  complete  reliance  of  scientific  in- 
stitutes upon  government  funding,  and  in  practical  terms  by  the  need  to  find  alter- 
nate employment  to  generate  sufficient  income,  leaving  little  time  for  academic  writ- 
ing. In  one  incident,  armed  men  broke  into  the  house  of  the  rector  of  the  Tajik  tech- 
nological university  and  threatened  to  kill  him  if  he  did  not  resign  within  10  days. 
He  left  Dushanbe  shortly  thereafter,  but  did  not  resign  and  returned  to  his  position. 
The  assailants  have  not  been  identified. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — ^The  Constitution  provides  for 
freedom  of  peaceful  assembly;  in  practice,  however,  the  authorities  exercise  strict 
control  over  organizations  and  activities  of  a  political  nature.  Nonpolitical  associa- 
tions, such  as  trade  unions,  are  allowed  to  meet.  Registered  organizations  must 
apply  for  a  permit  from  the  local  executive  committee  in  order  legally  to  organize 
any  public  assembly  or  demonstration.  Sometimes  the  right  is  granted,  but  the  gov- 
ernment subsequently  has  been  known  to  take  reprisals  against  the  organizers. 
There  were  demonstrations  in  Khujand  during  the  spring  in  connection  with  a  local 
prison  uprising,  and  there  were  public  assemblies  in  several  southern  cities  during 
the  year.  These  events  were  held  without  interference,  although  there  were  reprisals 
in  the  north  following  the  demonstrations. 

The  Constitution  provides  for  freedom  of  association,  however,  although  this  right 
is  permitted  for  nonpolitical  associations,  including  trade  unions,  freedom  of  associa- 
tion is  circumscribed  by  the  requirement  (in  the  law  on  nongovernmental  associa- 
tions) that  all  organizations  must  first  register  with  the  Ministry  of  Justice.  This 
process  is  often  slowed  by  the  requirement  to  submit  documents  in  both  Russian 
and  Tajik.  The  Ministry  of  Justice's  verification  of  the  text  inevitably  delays  the 
granting  of  registration.  In  practice  the  authorities  exercise  strict  control  over  orga- 
nizations and  activities  of  a  political  nature.  Once  registered  an  organization  may 
apply  for  a  permit  to  hold  a  public  assembly  or  demonstration. 

There  are  six  political  parties  officially  registered  with  the  Government.  Three  of 
the  four  political  parties  suspended  in  1993 — the  Islamic  Revival  Party,  the 
Rastokhez  National  Movement,  and  the  Lali  Badakhshan  Movement  for  the  Auton- 
omy of  the  Pamirs — remain  suspended.  In  March  1996  a  seventh  political  party, 
Adolatkhol  (justice  seeker),  was  registered.  In  addition  a  national  front  organization 
(Public  Accord)  established  by  the  Government  was  registered  in  March  1996. 

In  several  cases,  members  of  suspended  political  parties  have  been  unable  to  find 
employment,  apparently  at  the  direction  of  the  security  services. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion.  Reli- 
gion and  State  are  separate,  and  neither  the  law  nor  the  Government  places  restric- 
tions on  religious  worship.  However,  according  to  the  Law  on  Freedom  of  Faith,  the 
Committee  on  Religious  Affairs  under  the  Council  of  Ministers  registers  religious 
communities  and  monitors  the  activities  of  the  various  religious  establishments. 
While  the  official  reason  given  to  justify  registration  is  to  ensure  that  religious 
groups  are  acting  in  accordance  with  the  law,  the  practical  purpose  is  to  ensure  that 
tney  do  not  become  overtly  political.  Recently  organized  religious  communities,  such 
as  Baha'i  and  Hare  Krishna  groups  although  unregistered  exist  with  no  apparent 
formal  restriction  and  only  limited  experiences  of  prejudice.  The  independent 
Muftiyat  was  dissolved  and  a  replacement  Council  of  the  Islamic  Center  was  subor- 
dinated to  the  Government  Committee  on  Religious  Affairs.  Muftiyat  may  have  been 
dissolved  to  avoid  conflict  with  the  opposition  over  control  of  the  organization.  It 
happened  quietly  with  no  apparent  oDJection  from  the  observant  Muslim  commu- 
nity. 

United  Tajik  Opposition  leader,  Abdullo  Nuri,  said  in  a  July  interview  that  the 
appearance  of  difierent  faiths  in  Tajikistan  was  a  threat  to  the  survival  of  the  na- 
tion. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  the  right  of  citizens  to  choose  their  place 
of  residence,  to  emigrate,  and  to  return.  In  practice  the  Government  generally  re- 
spects these  rights,  with  some  regulation. 

The  (jovernment  has  stipulated  that  both  citizens  and  foreigners  are  prohibited 
from  traveling  within  a  25-kilometer  zone  along  the  country's  borders  with  China 
and  Afghanistan  without  permission  from  the  Ministry  of  Foreign  Affairs.  In  prac- 
tice, however,  international  aid  workers  and  diplomats  travel  freely  in  these  regions 
without  prior  government  authorization. 

Residents  of  Dushanbe  and  those  travelers  wishing  to  remain  longer  than  3  days 
are  supposed  to  register  with  central  authorities,  and  regulations  require  registra- 
tion at  the  local  Ministry  of  Interior  office  upon  arrival  and  departure  from  a  city. 
However,  these  regulations  are  largely  ignored  in  practice.  There  are  no  legal  re- 
strictions on  changing  residence  or  workplace. 


1325 

The  Ministry  of  Security  inhibits  freedom  of  travel  by  requiring  citizens  who  wish 
to  travel  abroad  to  obtain  an  exit  visa.  This  process  sometimes  includes  lengthy 
interviews.  The  Ministry  of  Security  sometimes  withholds  or  delays  exit  visas  when 
it  believes  that  other  ministries  or  NGO's  are  infringing  on  its  jurisdiction  and  have 
not  adhered  to  its  formalities  for  foreign  travel. 

There  is  no  law  on  emigration.  Those  wishing  to  migrate  within  the  former  Soviet 
Union  notify  the  Ministry  of  Interior  of  their  departure.  Persons  wishing  to  emigrate 
beyond  the  borders  of  the  former  Soviet  Union  must  receive  the  approval  of  the  rel- 
evant country's  embassy  in  order  to  obtain  their  passport.  Persons  who  settle  abroad 
are  required  to  inform  the  Tajikistan  embassy  or  Tajikistan  interests  section  of  the 
nearest  Russian  embassy  or  consulate. 

Persons  who  wish  to  return  to  Tajikistan  after  having  emigrated  may  do  so  freely 
by  submitting  their  applications  to  the  Tajikistan  embassy  or  Tajikistan  interests 
section  of  the  nearest  Russian  embassy  or  consulate.  The  Gk)vemment  adjudicates 
requests  on  a  case-by-case  basis.  There  is  no  indication  that  persons,  other  than 
those  who  fled  Tajikistan  for  political  reasons  after  the  civil  war,  are  not  freely  per- 
mitted to  return.  Some  persons  currently  active  with  the  Tajik  opposition,  whose 
travel  documents  expired,  at  times  have  had  difficulty  obtaining  new  documents 
permitting  them  to  return. 

Under  the  1994  refugee  law,  a  person  granted  refugee  status  is  provided  with  the 
right  to  work  and  move  freely  throughout  the  country.  The  Central  Department  of 
Refugee  Affairs  under  the  Ministry  of  Labor  has  responsibility  for  the  registration 
of  refugees. 

The  Gk)vemment  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. There  were  no  reports  of  forced  expulsion  of  those  having  a  valid  claim  to 
refugee  status.  There  were  no  reports  of  forced  return  of  persons  to  a  country  where 
they  feared  persecution.  The  Government  particularly  the  Ministry  of  Labor,  worked 
closely  with  the  UNHCR  and  the  International  Organization  for  Migration  on  behalf 
of  refugees  and  internally  displaced  persons. 

The  Government  provides  first  asylum,  and  has  provided  it  to  1,060  refugees  from 
Afghanistan  since  July  1995. 

The  Central  Department  of  Refugee  Affairs  (CDR)  under  the  Ministry  of  Labor 
handles  the  registration  of  Afghan  refugees,  in  accordance  with  the  1951  U.N.  Con- 
vention Relating  to  the  Status  of  Refugees  and  Tajikistan's  1994  Law  on  Refugees. 
An  unresolved  problem  stems  from  the  unofficial  government  policy  of  denying  offi- 
cial status  to  the  Afghan  spouses  of  returning  Tajm  refugees.  Although  the  UNHCR 
has  aided  their  admission  to  the  country  (avoiding  their  being  jailed  as  illegal  immi- 
grants), their  legal  status  remains  uncertain. 

Almost  all  Tajik  refugees  from  northern  Afghanistan  returned  to  Tajikistan  fol- 
lowing the  signing  of  the  peace  accords,  while  those  internallv  displaced  persons  in 
Gorno-Badakhshan  who  desired  to  do  so,  returned  to  their  home  areas.  Although 
problems  remain  with  illegal  occupation  of  returnees'  homes  by  those  loyal  to  the 
victorious  popular  front  militias,  progress  continues  to  be  made  in  evicting  the  occu- 
piers. 

There  is  no  legal  basis  for  forcible  repatriation,  nor  is  there  any  evidence  to  sug- 
gest that  it  was  practiced  in  1997. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Government  limits  the  right  of  citizens  to  change  their  government  peacefully 
and  freely,  although  the  peace  accords  signed  in  June  foresee  parliamentary  elec- 
tions in  1998.  The  Government  of  President  Rahmonov  remains  dominated  by 
Kulobi  regional  political  interests,  although  the  prime  ministers  have  been  from  the 
northern  Khujand  region.  Some  opposition  party  activists  remained  either  jailed  or 
in  self-exile  abroad,  but  since  the  signing  of  the  peace  accords,  several  members  of 
the  United  Tajik  Opposition,  including  its  leader  Said  Abdullo  Nuri,  have  returned 
to  the  country. 

The  last  parliamentary  (Majlisi  Oli)  elections  conducted  in  1995  were  marked  by 
numerous  irregularities,  such  as  voter  intimidation  and  ballot-box  stuffing,  and  did 
not  result  in  a  truly  independent  parliament.  A  number  of  Members  of  Parliament 
lead  parties  or  groups  that  oppose  the  Government  vigorously  on  specific  issues. 

There  are  no  formal  barriers  to  women's  participation  in  the  electoral  process,  al- 
though since  the  removal  of  Soviet-era  quotas  the  number  of  female  deputies  has 
declined.  At  year's  end,  there  were  16  female  deputies  in  the  Parliament,  1  female 
serving  as  a  deputy  prime  minister,  1  female  minister,  and  several  female  deputy 
ministers. 


1326 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government's  record  on  dealing  with  international  and  nongovernmental  in- 
vestigation of  alleged  human  rights  aouses  was  mixed.  Fear  of  persecution  by  gov- 
ernment or  extragovernmental  elements  has  discouraged  efforts  by  citizens  to  form 
their  own  human  rights  organizations.  The  Government  has  not  prevented  citizens' 
and  government  ofTicials'  participation  in  international  and  local  seminars  spon- 
sorea  by  the  OSCE,  the  ICKC,  United  Nations  agencies,  NGO's,  and  foreign  govern- 
ments on  such  topics  as  the  rule  of  law,  an  independent  judiciary,  and  international 
humanitarian  law.  Discussion  at  such  seminars,  including  those  held  in  Tajikistan, 
has  at  times  been  critical  of  the  Government.  The  Government  initially  refused  to 
register  Human  Rights  Watch  as  an  international  organization,  asserting  that  it 
does  nothing  to  benefit  citizens,  but  has  since  agreed  to  its  registration. 

The  Government,  particularly  the  Ministry  of  Labor,  worked  closely  with  the 
UNHCR  and  the  International  Organization  for  Migration  (lOM)  on  behalf  of  refu- 
gees and  internally  displaced  persons  and  with  the  United  Nations  Mission  of  Ob- 
servers in  Tajikistan  and  the  U.N.  Secretary  General's  Special  Representative  on 
the  return  of  refugees  from  Afghanistan  and  internally  displaced  persons  from 
Gorno-Badakshan. 

The  OSCE's  mission  continues  to  monitor  human  rights  issues  with  the  help  of 
three  field  offices,  which  receive  generally  good  cooperation  from  local  ofiicials. 
While  the  Government  at  first  agreed  to  establish  a  national  human  rights  institu- 
tion and  ombudsman  position  with  OSCE  financial  support,  it  later  decided,  in  1996, 
to  establish  and  fund  such  functions  itself.  However,  tnus  far  no  institution  or  om- 
budsman position  has  been  established.  The  Government  refused  the  OSCE  permis- 
sion to  open  an  additional  offices  in  Gharm  but,  by  the  end  of  the  year,  had  given 
permission  to  open  an  ofiice  in  Khojand. 

The  ICRC  intensified  its  contacts  with  government  entities  concerned  with  pris- 
oners, but  still  was  not  given  access  to  prisoners  in  accordance  with  its  standard 
modalities,  despite  letters  from  senior  government  officials  asserting  that  such  ac- 
cess would  be  provided. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  the  rights  and  freedoms  of  every  person  regardless 
of  nationality,  race,  sex,  language,  religious  beliefs,  political  persuasion,  social  sta- 
tus, knowledge,  and  property.  It  also  explicitly  states  that  men  and  women  have  the 
same  rights.  In  practice,  however,  there  is  discrimination  as  a  result  of  cultural  tra- 
ditions and  the  lingering  hostilities  from  the  1992  civil  war. 

Women. — Wife  beating  is  a  common  problem.  In  both  urban  and  rural  areas, 
many  cases  of  wife  beating  are  unreported  and  many  of  those  reported  are  not  in- 
vestigated. There  is  a  widespread  reluctance  to  discuss  the  issue  or  provide  assist- 
ance to  women  in  abusive  situations.  In  addition  abduction  of  brides  is  widely  re- 
ported, and  there  are  reliable  reports  of  young  women  prevented  from  leaving  the 
country  due  to  threats  against  their  families  should  they  do  so. 

The  Criminal  Code  prohibits  rape,  although  it  is  widely  believed  that  most  rape 
cases  are  unreported.  There  are  no  rape  crisis  centers  or  special  police  units  for  han- 
dling these  cases.  The  threat  of  rape  is  reliably  reported  as  being  used  to  coerce 
women.  The  situation  is  exacerbated  by  a  general  decline  in  public  order,  so  that 
in  many  cities,  including  Dushanbe,  women  exercise  particular  care  in  their  move- 
ment, especially  at  night. 

Laws  exist  against  keeping  brothels,  procuring,  making  or  selling  pornography, 
infecting  another  person  with  a  venereal  disease,  and  sexual  exploitation  of  women. 
However,  prostitutes  openly  operate  at  night  in  certain  areas. 

According  to  the  law,  women  have  equal  rights  with  men.  Inheritance  laws  do  not 
discriminate  against  women.  In  practice,  however,  inheritances  may  pass  dispropor- 
tionately to  sons. 

The  participation  of  women  in  the  work  force  and  in  institutes  of  higher  learning 
is  one  of  the  more  positive  legacies  of  the  Soviet  era.  There  is  no  formal  discrimina- 
tion against  women  in  employment,  education,  or  housing,  and  in  urban  areas 
women  can  be  found  througnout  government,  academic  institutes,  and  enterprises. 
However,  divorce  rates  in  urban  areas  are  comparatively  high,  and  women  tend  to 
carry  the  burden  of  child-rearing  and  household  management  whether  married  or 
divorced.  In  rural  areas,  women  tend  to  marry  younger,  have  larger  families,  and 
receive  less  education  than  women  in  cities.  Due  to  the  prevalence  of  large  families, 
women  in  rural  areas  are  also  much  less  likely  to  work  outside  the  home.  Articles 
in  the  Criminal  Code  protect  women's  rights  in  marriage  and  family  matters. 


1327 

Children. — The  extensive  government  social  security  network  for  child  welfare 
continued  to  deteriorate.  Women  are  provided  3  years  of  maternity  leave  and 
monthly  subsidies  for  each  child,  and  health  care  is  free.  Education  is  compulsory 
until  age  16,  but  the  law  is  not  enforced.  However,  the  Government's  lack  of  finan- 
cial resources  left  it  unable  to  fulfill  many  of  its  obligations  for  the  provision  of  sub- 
sidies and  care  for  maternal  and  child  health. 

There  is  no  societal  pattern  of  abuse  of  children. 

People  With  Disabilities. — The  1992  Law  on  Social  Protection  of  Invalids  stipu- 
lates the  right  of  the  disabled  to  employment  and  adequate  medical  care.  In  prac- 
tice, however,  the  Government  does  not  recjuire  employers  to  provide  physical  access 
for  the  disabled.  Financial  constraints  and  the  absence  of  basic  technology  to  assist 
the  disabled  results,  in  practice,  in  high  unemployment  and  widespread  discrimina- 
tion. There  is  no  law  mandating  accessibility  for  the  disabled.  There  are  facilities 
for  the  mentally  disabled,  however,  funding  is  limited  and  the  facilities  are  in  jx)or 
condition.  Several  international  NGO's  provided  limited  assistance. 

Religious  Minorities. — There  have  been  reports  of  physical  harassment  of  non- 
Muslim  women  by  consei^ative  Muslims  in  rural  areas  for  not  wearing  proper  at- 
tire. Muslim  leaders  have  occasionally  expressed  concern  that  minority  religious 
groups  undermine  national  unity. 

National  / Racial  / Ethnic  Minorities. — After  the  civil  war,  over  75,000  people  of  pri- 
marily Gharmi  and  Pamiri  origin  fled  to  Afghanistan  to  avoid  reprisals  by 
progovernment  forces.  Most  of  these  persons  returned  in  1994,  1995,  and  1996,  and 
many  more  returned  after  the  June  signing  of  the  peace  accords.  Almost  all  refugees 
returned  by  year's  end.  In  general  security  for  returning  refugees  was  good,  and  the 
OSCE  reported  that  the  large  inflow  of  returnees  that  began  in  the  summer  suffered 
virtually  no  harassment. 

With  the  exception  of  the  trilingual  (Tajik/Uzbek/Russian)  school  structure,  Uzbek 
has  no  official  status,  although  Uzbeks  comprise  nearly  one-quarter  of  the  popu- 
lation. The  Government  permits  radio  and  television  broadcasts  in  Russian  and 
Uzbek,  in  addition  to  Tajik.  In  practice  Russian  is  the  language  of  interethnic  com- 
munication and  widely  used  in  Government.  Ethnic  Russians  and  related  Russian 
speakers,  e.g.,  Ukrainians  make  up  less  than  12  percent  of  the  population.  While 
the  Government  has  repeatedly  expressed  its  desire  for  the  ethnic  Russian  and  Slav- 
ic populations  to  remain,  economic  conditions  provide  little  incentive  for  them  to  do 
so,  and  some  local  Russians  and  other  Slavs  perceive  an  increase  in  negative  social 
attitudes  toward  them.  A  Slavic  university  and  an  exclusively  ethnic  Russian  high 
school  operate  in  Dushanbe,  with  Russian  as  the  language  of  instruction.  An  agree- 
ment ratified  by  the  Russian  Duma  in  December  1996  allows  for  dual  Russian  and 
Tajik  citizenship. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Law  on  Social  Organization  and  the  Law  on 
Trade  Union  Rights  and  Guarantees  provide  all  citizens  with  the  right  of  associa- 
tion, which  includes  the  right  to  form  and  join  unions  without  prior  authorization, 
to  organize  territorially,  and  to  form  and  join  federations. 

The  Federation  of  Trade  Unions,  a  holdover  from  the  Communist  era,  remains  the 
dominant  labor  organization,  although  it  has  since  shed  its  subordination  to  the 
Communist  Party.  The  Federation  consists  of  20  professional  trade  unions  and  cur- 
rently claims  1.5  million  members,  virtually  all  nonagricultural  workers.  The  sepa- 
rate Trade  Union  of  Non-State  Enterprises  has  registered  unions  in  over  3,000 
small  and  medium-sized  enterprises,  totaling  about  50,000  employees,  although 
many  of  these  enterprises  are  not  functioning  due  to  the  general  economic  depres- 
sion. The  same  is  true  for  many  members  ofthe  Federation  of  Trade  Unions.  The 
Council  of  Ministers  formally  consults  both  labor  federations  during  the  drafting  of 
social  welfare  and  worker  rights  legislation. 

The  Law  on  Tariff  Agreements  and  Social  Partnerships  mandates  that  arbitration 
take  place  before  a  union  may  legally  call  a  strike.  Depending  on  the  scale  of  the 
labor  disagreement,  arbitration  can  take  place  at  the  company,  sector,  or  govern- 
mental level.  In  the  event  that  arbitration  fails,  unions  have  the  right  to  strute,  but 
both  labor  unions  have  publicly  disavowed  the  utility  of  strikes  in  a  period  of  deep- 
ening economic  crisis  and  hign  unemployment  and  espoused  compromise  between 
management  and  workers. 

There  were  no  official,  union-sanctioned  strikes,  and  wildcat  strikes,  which  oc- 
curred in  1996,  were  not  known  to  have  occurred  this  year. 

The  law  provides  citizens  with  the  right  to  affiliate  with  international  organiza- 
tions freely. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  right  to  organize  and 
bargain  collectively  is  codified  in  the  Law  on  Trade  Union  Rights  and  Guarantees, 


1328 

the  Law  on  Social  Partnerships  and  Collective  Contracts,  and  the  Law  on  Labor 
Protection.  Employees,  members  of  the  trade  union,  and  management  participate  in 
collective  bargaining  at  the  company  level.  Negotiations  involving  an  industry  sector 
include  officials  from  the  relevant  ministry  and  members  of  the  union's  steering 
committee  for  that  particular  sector.  As  the  economic  situation  worsens,  it  is  becom- 
ing increasingly  difticult  for  enterprises  to  engage  in  effective  collective  bai^aining. 

The  law  prohibits  antiunion  discrimination  or  the  use  of  sanctions  to  dissuaae 
union  membership,  nor  may  a  worker  be  fired  solely  for  union  activity.  Any  com- 
plaints of  discrimination  against  a  labor  union  or  labor  union  activist  are  first  con- 
sidered by  a  local  labor  union  committee  and,  if  necessary,  raised  to  the  level  of  the 
Supreme  Court  and  investigated  by  the  Ministry  of  Justice.  The  law  compels  an  em- 
ployer found  guilty  of  firing  an  employee  based  on  union  activity  to  reinstate  the 
employee. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
labor,  except  in  cases  defined  in  law.  No  laws  have  been  passed  defining  such  cases 
since  the  adoption  of  the  Constitution.  Neither  the  Law  on  Labor  Protection  nor  the 
Law  on  Employment,  both  predating  the  1994  Constitution,  specifically  prohibits 
forced  or  compulsory  labor.  The  Soviet  practice  of  compelling  students  to  pick  cotton 
was  officially  banned  in  1989,  althou^  there  continue  to  be  reports  of  high  school 
students  sent  to  the  fields  to  pick  cotton,  sometimes  with  compensation.  Residents 
of  kolkhozes  may  still  be  required  to  pick  cotton,  although  wages  are  not  often  not 
paid  and  the  kolkhoz  no  longer  provides  the  services  it  once  did. 

Although  forced  or  bonded  latxir  by  children  is  not  specifically  prohibited  by  law, 
other  than  traditional  family  participation  in  agricultural  or  home  craftsman  work, 
there  is  no  pattern  of  such  activity.  The  legal  code  specifies  the  minimum  age  of 
16  years  for  employment  and  extensively  regulates  working  conditions;  children  can 
perform  household-based  labor  after  age  7. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^According 
to  labor  laws,  the  minimum  age  for  the  employment  of  children  is  16  years,  the  age 
at  which  children  also  may  leave  school  legally.  With  the  concurrence  of  the  local 
trade  union,  employment  may  begin  at  the  age  of  15.  By  law  workers  under  the  age 
of  18  may  work  no  more  than  6  hours  a  day  and  36  hours  per  week.  However,  chil- 
dren as  young  as  7  years  of  age  participate  in  agricultural  work,  which  is  classified 
as  family  assistance.  Many  children  under  10  years  of  age  work  in  the  bazaars  or 
sell  newspapers  or  consumables  on  the  streets.  Trade  unions  are  responsible  for  re- 
porting any  violations  in  the  employment  of  minors.  Cases  not  resolved  between  the 
union  and  the  employer  may  be  brought  before  the  Procurator  General,  who  may 
investigate  and  charge  the  manager  o?  the  enterprise  with  violations  of  the  Labor 
Code. 

Although  forced  or  bonded  labor  by  children  is  not  prohibited  by  law,  there  is  no 
societal  pattern  for  such  activity  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  President,  on  the  advice  of  the  Ministry 
of  Labor  and  in  consultation  with  trade  unions,  sets  the  minimum  monthly  wage. 
The  nominal  minimum  wage  of  $.35  (322  Tajik  rubles)  falls  far  short  of  providing 
a  minimal  standard  of  living  for  a  worker  and  family.  The  Government  recognizes 
this  problem  and  has  retained  certain  subsidies  for  workers  and  their  families  at 
the  minimum  wage.  Although  the  Government  adopted  a  wage  indexation  law  in 
1993  and  inflation  has  been  nigh,  the  law  has  not  been  implemented. 

The  economy  remained  extremely  weak  during  the  year,  with  a  majority  of  indus- 
try standing  idle  by  the  end  of  the  year.  As  factories  and  enterprises  either  re- 
mained closed  or  were  shut  down,  workers  were  laid  off  or  furloughed  for  extended 
periods.  Some  establishments,  both  governmental  and  private,  compensated  their 
employees  in  kind  with  food  commodities  or  the  output  of  the  particular  concern  for 
which  the  employee  worked.  The  employee  could  then  sell  or  barter  those  products 
in  local  private  markets.  Citizens  in  rural  areas  intensified  cultivation  of  food  crops 
on  their  private  or  rented  plots,  while  even  urban  residents  started  tending  small 
vegetable  gardens  and  raising  livestock. 

The  legal  workweek  for  adults  (over  age  18)  is  40  hours.  Overtime  payment  is 
mandated  by  law,  with  the  first  2  hours  of  overtime  to  be  paid  at  one  and  one-half 
times  the  normal  rate  and  the  rest  of  the  overtime  hours  at  double  time. 

The  (Jovernment  has  established  occupational  health  and  safety  standards,  but 
these  fall  far  below  accepted  international  norms,  and  the  Government  does  not  en- 
force them  in  practice.  The  enforcement  of  work  standards  is  the  responsibility  of 
the  State  Technical  Supervision  Committee  under  the  Council  of  Ministers.  While 
new  statistics  were  not  available,  it  is  virtually  certain,  given  the  continuing  eco- 
nomic decline,  that  1993  statistics,  which  reported  that  over  one-fifth  of  the  popu- 
lation worked  in  substandard  conditions,  greatly  underreport  the  number  working 


1329 

in  substandard  conditions.  Workers  can  leave  their  jobs  with  12  months'  notice,  but, 
given  the  bleak  employment  situation,  few  choose  to  do  so.  The  Law  on  Labor  Pro- 
tection provides  that  workers  can  remove  themselves  from  hazardous  conditions 
without  risking  loss  of  employment. 


TURKEY 

Turkey  is  a  constitutional  republic  with  a  multiparty  parliament,  the  Grand  Na- 
tional Assembly,  which  elects  tne  President.  It  elected  Sulevman  Demirel  as  Presi- 
dent in  1993.  In  June  Necmettin  Erbakan,  leader  of  the  Islamist  Refah  Party,  re- 
signed as  Prime  Minister  after  an  intense  private  and  public  campaign  against  his 
Government  led  by  the  military,  with  significant  support  from  other  segments  of 
civil  society  which  view  fundamentalism  as  a  threat  to  the  country's  secular  repub- 
lic. In  July  Motherland  Party  (ANAP)  leader  Mesut  Yilmaz  became  Prime  Minister. 
He  formed  a  coalition  government  with  the  Democratic  Left  Party  (DSP)  and  the 
Democrat  Turkey  Party  (DTP).  The  Government  respects  the  Constitution's  provi- 
sions for  an  independent  judiciary. 

For  over  a  decade,  Turkey  has  engaged  in  armed  conflict  with  the  terrorist 
Kurdistan  Workers  Party  (PKK),  whose  goal  is  a  separate  state  of  Kurdistan  in 
southeastern  Turkey.  A  state  of  emergency,  declared  in  1987,  continues  in  six  south- 
eastern provinces  facing  substantial  PKK  terrorist  violence.  Parliament  voted  in  Oc- 
tober to  lift  the  state  of  emergency  in  Bingol,  Batman,  and  Bitlis  provinces.  A  re- 
gional governor  for  the  state  oi  emergency  has  authority  over  the  ordinary  governors 
in  the  six  provinces,  and  six  adjacent  ones,  for  security  matters.  The  state  of  emer- 
gency allows  him  to  exercise  certain  quasi-martial  law  powers,  including  restrictions 
on  the  press  and  removal  from  the  area  of  persons  whose  activities  are  deemed  det- 
rimental to  public  order.  The  state  of  emergency  decree  was  renewed  for  4  months 
for  all  provinces  in  November. 

The  Turkish  National  Police  (TNP)  have  primary  responsibility  for  security  in 
urban  areas,  while  the  Jandarma  (gendarmerie)  can^  out  this  function  in  the  coun- 
tryside. The  armed  forces  continued  to  combat  the  PKK  in  the  state  of  emergency 
region,  thereby  taking  on  an  internal  security  function.  Although  civilian  and  mili- 
tary authorities  remain  publicly  committed  to  the  rule  of  law  and  respect  for  human 
rights,  some  members  of  the  security  forces,  particularly  police  "special  teams," 
Jandarma,  village  guards,  and  TNP  personnel,  committed  serious  numan  rights 
abuses. 

Turkey's  primarily  market-based  economy  is  driven  by  an  active  private  sector. 
The  agricultural  sector  employs  nearly  one-half  of  the  country's  labor  force  but  con- 
tributes only  15  percent  of  the  gross  national  product  (GNP)  and  total  exports.  A 
customs  union  with  the  European  Union,  in  place  since  1996,  has  boosted  the  trade 
deficit,  but  has  the  potential  to  increase  the  country's  economic  efficiency  and  pros- 
perity over  time.  The  principal  industrial  sectors — textiles,  iron,  and  steel — provide 
the  leading  exports.  Impressive  economic  growth  over  the  past  15  years  has  trans- 
lated into  an  improved  standard  of  living  and  the  creation  of  a  growing  middle  class. 
Per  capita  GNP  is  approximately  $3,000.  Such  positive  developments,  nowever,  have 
been  accompanied  by  substantial  macroeconomic  imbalances.  Successive  govern- 
ments have  nad  little  success  in  implementing  needed  reforms  to  reduce  the  oudget 
deficit  and  inflation.  Populist  economic  measures  pushed  the  budget  deficit  to  ap- 
proximately 8  percent  of  GNP  and  pushed  inflation  over  90  percent.  Persistently 
high  inflation  over  the  past  decade  has  exacerbated  disparities  in  income  distribu- 
tion. The  conflict  in  the  southeast  and  maintenance  of  a  large  national  defense  es- 
tablishment continue  to  be  a  significant  drain  on  the  economy.  Corruption  has  taken 
an  economic  toll  and  has  sapped  popular  faith  in  the  Government. 

Despite  some  reforms  and  the  Government's  stated  commitment  to  respect  human 
rights,  serious  human  rights  abuses  continued.  Human  rights  nevertheless  re- 
mained a  priority  public  issue  during  the  year.  There  is  a  general  recognition  that 
the  country's  human  rights  performance  is  inadequate  and  needs  to  be  brought  in 
line,  not  only  with  its  international  obligations  and  commitments,  but  also  with  pop- 
ular aspirations  and  demands,  and  the  Government's  own  policies. 

The  situation  in  the  southeast  remains  a  serious  concern.  The  Government  has 
long  denied  the  Kurdish  population,  located  largely  in  the  southeast,  basic  political, 
cultural,  and  linguistic  rights.  As  part  of  its  fight  against  the  PKK,  the  Government 
forcibly  displaced  noncombatants,  failed  to  resolve  extrajudicial  killings,  tortured  ci- 
vilians, and  abridged  freedom  of  expression.  The  PKK  committed  widespread 
abuses,  including  the  frequent  murder  of  noncombatants,  as  part  of  its  terrorism 
against  the  Government  and  civilians,  mostly  Kurds. 


1330 

Estimates  of  the  total  number  of  villagers  forcibly  evacuated  from  their  homes 
since  the  conflict  began  vary  widely  from  330,000  to  2  million.  A  credible  estimate 

Sven  by  a  former  Member  of  Parliament  from  the  region  is  around  560,000.  The 
avemment's  resettlement  and  compensation  program  for  internally-displaced  peo- 
ple remained.  During  the  year,  61  villages  and  7,608  persons  were  resettled,  accord- 
ing to  government  figures. 

Human  rights  abuses  were  not  limited  to  the  southeast.  Extrajudicial  killings,  in- 
cluding deatns  in  detention,  from  the  excessive  use  of  force,  "mystery  killings,"  and 
disappearances  continued.  The  Grovemment  investigated  some  185  reported  dis- 
appearance cases:  40  p>ersons  were  found  and  reunited  with  their  families,  7  were 
believed  to  be  abroad,  96  relocated  to  other  parts  of  the  country,  and  42  were  unac- 
counted for. 

Torture  remained  widespread:  police  and  Jandarma  antiterror  personnel  often 
abused  detainees  and  employed  torture  during  incommunicado  detention  and  inter- 
rogation. The  implementation  of  reforms  to  address  these  problems  was  uneven. 
Lengthy  investigations  and  trials  of  officials  suspected  of  abuses  continued  to  be  a 
problem.  Important  cases  dating  back  to  1995  and  1996  continued  without  resolu- 
tion, including:  48  police  officers  charged  with  the  1996  death  of  journalist  Metin 
Goktepe;  10  police  officers  from  Manisa,  accused  of  torturing  15  people,  mostly  teen- 
agers accused  of  ties  to  a  leftist  terrorist  organization;  and  police  and  security  per- 
sonnel charged  with  beating  to  death  10  prisoners  during  a  prison  disturbance  in 
Diyarbakir  in  1996. 

The  rarity  of  convictions  of  police  or  other  security  officials  for  killings  and  torture 
fosters  a  climate  of  impunity  that  probably  remains  the  single  largest  obstacle  to 
reducing  human  rights  abuses.  The  lack  of  immediate  access  to  an  attorney  by  those 
detained  for  political  crimes  is  also  a  major  factor  in  torture  by  police  and  security 
forces. 

Prison  conditions  are  poor.  Numerous  small-scale  disturbances  and  hunger  strikes 
erupted  throughout  the  year.  Prolonged  pretrial  detention  and  lengthy  trials  contin- 
ued to  be  problems. 

Limits  on  freedom  of  speech  and  of  the  press  remained  another  serious  problem. 
For  example,  according  to  the  Human  Rights  Foundation,  at  year's  end  approxi- 
mately 60  journalists  were  under  arrest  or  had  been  convicted;  the  Committee  to 
Protect  Journalists  (CPJ)  reported  that  40  journalists  were  imprisoned  at  year's 
end.  Authorities  banned  or  confiscated  numerous  publications,  and  a  government 
decree  has  led  to  self-censorship  of  reporting  on  the  southeast.  One  of  the  Yilmaz 
Government's  first  steps  was  to  acknowledge  the  problem  as  a  priority  for  resolu- 
tion, when,  3  weeks  after  assuming  office,  he  received  a  delegation  from  the  CPJ, 
and  subsequently  won  passage  of  legislation  that  provided  conditional  amnesty  for 
several  imprisoned  editors.  Nonetheless,  the  basic  laws  under  which  the  editors 
were  arrested  did  not  change,  and  all  were  subject  to  reimposition  of  their  former 
sentences  if  tried  and  convicted  for  similar  offenses.  The  Government  continued  to 
use  the  1991  Anti-Terror  Law,  with  its  broad  and  ambiguous  definition  of  terrorism, 
to  detain  both  alleged  terrorists  and  others  on  the  charge  that  their  acts,  words,  or 
ideas  constituted  dissemination  of  separatist  propaganda.  Prosecutors  also  used  Ar- 
ticle 312  of  the  Criminal  Code  (incitement  to  racial  or  ethnic  enmity),  Article  159 
(insulting  the  Parliament,  army,  republic,  or  judiciary),  the  law  to  protect  Ataturk 
(no.  5816),  and  Article  16  of  the  Press  Law  to  limit  freedom  of  expression. 

Kurdish-language  broadcasts  remained  illegal  (but  not  printed  material  in  Kurd- 
ish). The  Sanliur^  branch  of  the  Mesopotamian  Cultural  Center,  a  corporation  es- 
tablished to  promote  the  Kurdish  language  and  culture,  was  banned  in  October  bv 
the  Provincial  Governor.  In  Istanbul  tne  Governor's  office  refused  the  Kurdish  Cul- 
ture and  Research  Foundation  permission  to  offer  Kurdish  language  classes.  The 
translator  and  publisher  of  a  Human  Rights  Watch  report  on  the  conflict  in  the 
southeast  were  convicted  under  Article  159  of  the  Penal  Code  (defaming  the  mili- 
tary). The  translator  received  a  suspended  sentence;  both  were  assessed  small  fines 
of  approximately  $12  dollars.  They  appealed  the  verdict  and  are  free  pending  its 
outcome.  Private  channel  television  programs  and  print  media  continued  to  deoate 
human  rights  and  other  issues  of  freedom  of  speech  and  the  press. 

The  Government  imposes  limits  on  freedom  of  assembly  and  association.  In  Sep- 
tember the  police  detained  and  beat  Turkish  and  foreign  participants  in  the  "Musa 
Anter  peace  train"  demonstration,  named  after  a  well-known  Kurdish  writer.  The 
group  was  blocked  from_  entering  Diyarbakir,  where  its  members  had  intended  to 
demonstrate  for  a  peaceful  resolution  of  the  conflict  in  the  southeast.  Foreign  par- 
ticipants were  deported,  and  legal  proceedings  were  brought  against  some  of  the 
local  organizers.  Members  of  the  pro-Kurdish  People's  Democracy  Party  (HADEP) 
were  sometimes  the  object  of  arbitrary  arrests  and  mystery  killings  and  often  were 
harassed  in  the  southeast  for  their  legal  political  activities.  HADEIP,  sympathetic  to 


1331 

the  PKK,  is  under  threat  of  investigation  for  alleged  anticonstitutional  activities 
and,  depending  upon  the  outcome,  faces  closure  (two  of  its  predecessors,  HEP  and 
DEP,  were  closed  down). 

In  June  the  Refah/True  Path  Party  (DYP)  coalition,  the  country's  first  Islamist 

Government,  resigned  after  an  intense  private  and  public  campaign  of  pressure  led 
y  the  military  with  support  from  several  segments  of  society  who  viewed  "fun- 
damentalism" to  be  a  threat  to  the  secular  republic.  In  May  before  the  Refah/DYP 
coalition  broke  up,  the  chief  state  prosecutor,  in  an  attempt  to  close  down  Refah, 
charged  the  Party  and  five  of  its  leaders,  including  former  Prime  Minster  Erbakan, 
with  attempting  to  undermine  the  secular  nature  of  the  state  as  defined  by  the  Con- 
stitution based  in  part  on  public  statements  made  by  Refah  leaders.  In  January 
1998  the  court  ordered  the  party  closed  and  banned  several  of  its  leaders,  including 
former  Prime  Minister  Erbakan,  from  political  activity  for  5  years.  The  Democratic 
Mass  Party  (DKP),  a  moderate  Kurdish  party,  faces  the  threat  of  closure  in  a  case 
before  the  Constitutional  Court  on  the  grounds  that  its  charter  questions  the  indi- 
visibility of  the  country  and  advocates  support  for  a  minority,  namely  the  Kurds. 
In  November  the  European  Court  of  Human  Rights  (ECHR)  found  unanimously  that 
the  Government  had  violated  Article  5-3  (excessive  detention  of  12  to  14  days)  of 
the  European  convention  on  human  rights  in  the  case  of  several  pro-Kurdish  former 
Democracy  Party  (DEP)  Members  of  Parliament  (M.P.'s)  and  ordered  the  Govern- 
ment to  pay  the  M.P.s'  compensation  and  court  costs.  The  ECHR  did  not  rule  on 
the  M.P.s'  appeal  of  their  convictions  on  charges  of  separatism  and  membership  in 
an  armed  gang. 

In  June  the  Ankara  State  Security  Court  found  32  members  of  HADEP,  including 
party  chairman  Murat  Bozlak,  guilty  on  a  variety  of  charges  of  proscribed  political 
activity.  Government  officials  continued  to  harass,  intimidate,  indict,  and  imprison 
human  rights  monitors,  journalists,  and  lawyers  for  ideas  that  they  expressed  in 
public  forums.  Seven  regional  offices  of  the  Human  Rights  Association  were  shut 
down  during  the  year;  three  remain  closed.  In  May  Dr.  Tufan  Kose,  a  representative 
of  the  Adana  branch  of  the  Human  Rights  Foundation  (HRF),  a  respected  non- 
governmental organization  (NGO),  was  convicted  and  fined  for  not  turning  over  to 
the  authorities  the  names  of  torture  victims  treated  by  the  HRF's  torture  treatment 
center.  He  is  free  on  appeal.  The  president  of  the  Human  Rights  Association  (HRA), 
along  with  other  HRA  organizers,  faces  charges  of  promoting  separatism  or  inciting 
ethnic  hatred  based  on  speeches.  The  president  of  the  HRF,  the  HRA  president,  and 
the  leaders  of  two  small  political  parties  were  charged  with  holding  an  unauthorized 
demonstration.  A  prominent  Malatya  defense  attorney,  who  often  defended  alleged 
terrorists,  was  himself  held  and  charged  with  assisting  terrorist  groups.  After  incar- 
ceration for  3  months,  he  was  freed  pending  the  outcome  of  his  case. 

The  (jovernment  imposed  some  restrictions  on  religious  minorities  and  Par- 
liament passed  legislation  extending  compulsory  education  from  5  to  8  years.  This 
law  will  lead  to  the  closure  of  grades  six  to  eight  of  the  Islamist  imam-Hatip  reli- 
gious schools,  along  with  other  private  schools.  Spousal  abuse,  some  abuse  of  chil- 
dren, and  child  labor  remain  serious  problems.  Discrimination  against  women  per- 
sists. 

In  July  Prime  Minister  Yilmaz  appointed  an  activist  State  Minister  for  Human 
Rights,  who  also  is  coordinator  for  the  High  Council  for  Human  Rights.  The  Council, 
comprised  of  undersecretaries  from  the  Justice,  Interior,  Education,  Health,  and 
Foreign  Affairs  Ministries  (along  with  representatives  of  the  security  forces),  meets 
weekly  to  review  aspects  of  the  numan  rights  situation  and  advise  the  Government 
on  steps  for  improvement.  The  Minister  and  the  Council  have  invited  an  active  dia- 
logue with  the  increasingly  important  NGO's  that  work  for  human  rights  reforms 
both  in  the  capital  and  in  tne  southeast. 

The  Government  provides  human  rights  training  for  the  police  and  military.  The 
military  continued  to  emphasize  human  rights  training  for  its  officers  and  non- 
commissioned officers,  which  human  rights  NGO's  reported  led  to  a  reduction  in 
human  rights  violations.  Human  rights  education  in  primary  schools  is  mandatory; 
it  is  an  elective  in  high  schools.  Senior  military  leaders  met  for  the  first  time  with 
international  human  rights  NGO  representatives. 

PKK  terrorists  murdered  noncombatants,  targeting  village  officials,  village 
guards,  teachers,  and  other  perceived  representatives  of  the  State.  They  also  com- 
mitted random  murders  in  their  effort  to  intimidate  the  populace. 

RESPECT  FOR  HUMAN  RIGHTS 
Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Credible  reports  of  political  and 
extrajudicial  killings  by  government  authorities  continued,  although  accurate  fig- 


1332 

ures  were  unavailable.  The  Documentation  Center  of  the  HRF  reported  a  number 
of  deaths  of  detainees  under  suspicious  circumstances,  some  as  an  apparent  result 
of  torture.  At  least  seven  prisoners  died  in  disturbances  during  whicn  prison  au- 
thorities apparently  used  excessive  force,  but  one  report  attributed  the  deaths  to  the 
actions  of  other  pri8oner8.(8ee  Section  I.e.). 

In  response,  the  Government  mounted  serious  investigations.  The  Office  of  the 
Minister  for  Human  Rights  reported  that  out  of  41  persons  whom  the  HRA  alleges 
died  in  extrajudicial  killings  in  the  first  10  months  of  the  year,  investigations 
showed  that  11  died  in  clasnes  with  the  police.  In  the  cases  oi  another  7  persons, 
the  authorities  arrested  those  responsible;  3  others  were  found  to  have  died  of  natu- 
ral, rather  than  violent,  causes;  2  others  were  found  to  have  been  executed  by  indi- 
viduals not  connected  with  the  security  forces;  and  2  more  were  found  alive.  The 
remaining  allegations  are  still  under  investigation. 

Human  rights  monitors  remain  greatly  concerned  about  the  1996  Provincial  Au- 
thority Law,  which  authorizes  security  forces  to  shoot  to  kill  when  challenging  a 
suspect  and  grants  provincial  governors  the  power  to  declare  a  "state  of  emergency" 
and  to  call  in  security  forces.  This  law  was  adopted  in  the  wake  of  the  Government's 
decision  to  lift  incrementally  the  state  of  emergency  in  some  provinces  in  the  south- 
east. Many  human  rights  monitors  are  concerned  about  the  expanded  authorities 
that  this  law  extends  to  provincial  governors. 

Although  government  prosecution  of  reported  perpetrators  has  increased,  punish- 
ment remained  poor.  Police  and  other  law  enforcement  personnel  were  occasionally 
arrested  in  cases  of  extrajudicial  killings,  but  there  were  few  known  successful  pros- 
ecutions. The  Office  of  the  Minister  oi  Human  Rights  reports  that  judicial  and  ad- 
ministrative investigations  were  started  in  seven  of  the  cases  of  extrajudicial 
killings  alleged  by  the  HRA  for  the  first  10  months  of  the  year.  Little  progress  oc- 
curred in  the  trial  of  48  police  ofUcers,  including  3  senior  officers  and  a  deputy  com- 
missioner, for  the  1996  death  of  Metin  Goktepe,  a  correspondent  for  Evrensel  news- 
paper, who  died  from  wounds  inflicted  while  in  detention  in  Istanbul.  Police  initially 
denied  that  he  had  been  detained,  then  later  said  that  he  died  from  a  fall.  Following 
large  public  demonstrations  and  parliamentary  criticism  over  the  circumstances  of 
his  death,  an  investigation  led  to  the  arrest  of  the  officers.  In  May  the  courts  de- 
cided to  try  separately  11  of  the  police  officers  for  premeditated  murder.  Five  offi- 
cers remain  under  arrest;  the  others  returned  to  duty  pending  the  outcome  of  the 
trial.  No  progress  was  made  in  the  trial  of  the  other  37,  who  were  charged  with  ex- 
cessive use  01  force  in  controlling  the  demonstration. 

The  trial  of  29  Jandarma  soldiers  and  36  antiterror  police  officers  charged  with 
manslaughter  in  the  1996  beating  deaths  of  10  prisoners  while  quelling  a  prison  dis- 
turbance in  Diyarbakir  continued  (see  Section  I.e.).  An  Adana  criminal  court  acquit- 
ted 23  antiterror  police  officers  of  negligence  in  the  killing  of  5  people,  including 
children  aged  2  and  4,  during  a  raid  on  a  house  in  the  town  of  Kucukdikili,  outside 
of  Adana.  The  number  of  prosecutions  of  security  force  members,  while  increasing, 
remained  low. 

The  HRA  and  other  human  rights  NGO's  recorded  several  mystery  killings  in 
which  the  assailant's  identity  was  unknown.  It  is  widely  alleged  in  the  southeast 
that  such  killings  occur  with  the  complicity  of  security  forces.  Most  of  the  reports 
pertain  to  the  southeast,  where  some  of  the  victims  were  leaders  or  prominent  mem- 
bers of  the  Kurdish  community,  local  politicians,  or  members  of  HADEP. 

In  1996  a  fatal  car  crash — known  as  the  Susurluk  incident — occurred  involving: 
Abdullah  Catli,  an  ultra  rightwing  militant  wanted  by  Interpol  on  charges  of  mur- 
dering in  1980  seven  university  students  who  were  members  of  the  left-wing  labor 
party;  Huseyin  Kocadag,  a  former  Istanbul  deputy  police  chief;  Gonca  Uz,  a  former 
beauty  queen;  and  Sedat  Bucak  (the  only  survivor),  an  ethnic  Kurdish  M.P.  and  clan 
leader  with  an  important  stake  in  the  Government's  village  guard  program.  Weap- 
ons and  silencers  were  found  in  the  car.  The  incident  resurrected  serious  concerns 
about  corruption  and  the  abuse  of  power  in  the  security  forces.  It  also  led  to  the 
resignation  of  the  then-Interior  Minister,  Mehmet  Agar,  who  had  been  linked  to  the 
victims  of  the  accident.  In  February  and  the  first  part  of  March,  a  popular  protest 
called  "a  minute  of  darkness"  spread  across  the  country  as  citizens  turned  off  the 
lights  in  their  households  to  protest  the  Susurluk  incident  and  corruption.  In  May 
a  parliamentary  committee  formed  to  investigate  the  incident  concluaed  that  links 
existed  among  politicians,  police  officials,  and  organized  crime  bosses.  Although  the 
Government  affirmed  its  commitment  to  a  full  investigation,  the  report's  lack  of  pre- 
cision in  drawing  conclusions  led  to  public  criticism.  The  Refah  Party  chairman  of 
the  committee  complained  that  he  was  denied  access  to  many  government  docu- 
ments on  the  grounds  that  they  contained  state  secrets;  at  one  point  he  accused  the 
Speaker  of  the  National  Assembly  of  withdrawing  documents  concerning  the  role  of 
the  armed  forces.  The  commander  of  the  Jandarma  refused  to  appear  before  the 


1333 

committee.  The  parliamentary  investigation  expired  in  April.  In  December  Par- 
liament lifted  the  immunity  from  criminal  prosecution  of  now-opposition  True  Path 
Party  M.P.'s  Sedak  Bucak  and  Mehmet  Agar,  an  initiative  supported  by  the  Yilmaz 
Government.  According  to  press  accounts  in  January  1998,  a  report  prepared  by 
Prime  Minister's  Board  of  Inspectors  linked  the  state's  security  forces  under  recent 
Governments  to  extrajudicial  Killings  and  mafia-like  activities.  The  report  has  not 
been  publicly  released.  In  a  television  interview.  Prime  Minister  Yilmaz  committed 
himself  to  a  full  investigation  of  these  events. 

The  case  of  eight  police  officers  charged  in  the  1995  death  of  Sinan  Demirtas,  who 
died  while  in  police  custody,  continued.  The  case  of  police  officer  Abdullah  Bozkurt, 
charged  with  the  1994  murder  of  Vedat  Han  Gulsenoglu,  also  continues;  Bozkurt 
was  reassigned  from  Istanbul  to  Van.  The  1993  case  of  the  death  in  detention  of 
Vakkas  Dost  continues;  policeman  Nurettin  Ozturic,  the  accused  murderer  who  dis- 
appeared after  being  freed,  was  found  and  rearrested  in  September. 

Eleven  police  officers  were  acquitted  in  May  in  Adana  of  the  1992  killing  of  Remzi 
Basalak  while  he  was  under  detention.  The  case  continues  before  the  Court  of  Ap- 
peals. The  following  cases  remain  unresolved:  the  1992  case  of  Yucel  Ozen,  the  1994 
killing  of  HEP  party  official  Faik  Candan,  and  the  1993  killing  of  journalist  Ugur 
Mumcu. 

The  PKK  continued  to  commit  political  and  extrajudicial  killings,  primarily  in 
rural  southeast  Anatolia.  Political  killings  perpetrated  by  the  PKK  have  included 
state  officials  (Jandarma,  local  mayors,  imams,  and  schoolteachers),  state-paid  para- 
military village  guards  and  their  family  members,  young  villagers  who  refused  to 
be  recruited,  and  PKK  guerrillas-turned-informants.  According  to  government  statis- 
tics, as  of  November  the  PKK  killed  667  people,  including  at  least  130  unarmed  ci- 
vilians. The  Government  also  reported  that  in  1997,  approximately  260  soldiers  and 
Jandarma,  12  police  officers,  149  village  guards,  and  2,200  PKK  members  lost  their 
lives. 

Turkish  Hizbullah,  an  Islamist  Turkish  terrorist  group  (not  related  to  Lebanese 
HizbuUah),  continued  to  target  civilians  in  the  southeast.  According  to  the  HRF, 
Hizbullah  reportedly  was  responsible  for  at  least  four  deaths  in  1997.  Four  trials 
continued  against  89  Hizbullah  members  charged  with  a  total  of  113  murders.  In 
1996  the  Foreign  Ministry  stated  that  a  case  had  been  brought  against  Hizbullah 
for  the  1993  murder  of  DEP  parliamentarian  Mehmet  Sincar;  human  rights  groups 
consider  the  case  a  mystery  killing.  Some  human  rights  activists  in  the  southeast 
believe  that  Turkish  Hizbullah  was  founded  by  the  Government  in  the  1980's  to  tar- 
get the  PKK  and  its  syrnpathizers. 

According  to  Human  nights  Watch,  Far-left  armed  groups,  such  as  Revolutionary 
Left  (Dev  Sol/DHKP-C)  and  the  Turkish  Workers'  and  Peasants'  Liberation  Army 
(TIKKO),  continued  to  commit  abusive,  violent  acts.  In  May  TEKKO  members  re- 
portedly killed  four  civilians  in  Tokat.  In  September  a  radical  Islamic  group,  Vasat, 
a  splinter  group  of  the  Islamic  Great  Eastern  Raiders  Front  (IBDA-C),  killed  1  per- 
son and  injured  24  others  in  a  grenade  attack  at  a  book  fair  in  Gaziantep.  A  total 
of  25  Vasat  members  were  arrested  for  the  attack.  In  October  in  a  joint  operation, 
PKK,  DHKP/C,  and  TIKKO  terrorists  kidnapped  three  engineers,  killing  one  and 
holding  two  as  hostages  in  Giresun  on  the  Black  Sea. 

b.  Disappearance. — Accurate  statistics  on  disappearances  of  those  previously 
under  detention  are  hard  to  confirm;  nonetheless,  HRA  figures  indicate  that  such 
disappearances  appear  to  have  declined  from  a  total  of  194  in  1996  to  63  in  1997 
(as  of  November).  The  Government  has  made  a  serious  effort  to  investigate  and  ex- 
plain reported  cases  of  disappearance.  Some  persons  disappeared  after  witnesses  re- 
ported tnat  security  forces  or  law  enforcement  officials  took  them  into  custody.  Fikri 
Ozgen,  a  73-year-old,  disappeared  in  Diyarbakir  on  February  27  when,  according  to 
numerous  witnesses,  he  was  taken  into  custody  by  plainclothes  police.  Later  the 
same  week,  llyas  Eren  disappeared  under  similar  circumstances  in  Diyarbakir.  In 
a  case  reported  by  Amnesty  International  (AI),  Burhan  Aktus  disappeared  on  Octo- 
ber 22  when  he  was  forced  into  a  car  by  three  men  whom  his  mother  believed  were 
plainclothes  police  officers.  On  September  16,  1996,  at  least  five  bodies  were  found 
on  the  outskirts  of  the  village  of  Baharli,  near  Diyarbakir.  Some  of  the  victims  had 
reportedly  been  in  police  custody  earlier  in  the  month.  The  disappearances  and 
deaths  are  under  investigation;  no  one  has  been  charged. 

For  more  than  2  years,  mothers  who  claim  that  immediate  relatives  have  dis- 
appeared have  gathered  weekly  in  Istanbul.  The  Ministry  of  Interior  operates  a 
Missing  Persons  Bureau,  which  is  open  24  hours  a  day  and  handled  185  cases  as 
of  November.  Most  families  of  the  persons  who  disappeared  hold  the  Government 
and  security  forces  responsible  and  consequently  avoided  contact  with  the  govern- 
ment office. 


1334 

The  Gk)vemment,  human  rights  organizations,  and  the  media  report  that  the  PKK 
routinely  kidnaps  young  men  or  threatens  their  famihes  as  part  of  its  recruiting  ef- 
fort. PKJ^  terrorists  continued  their  abductions  of  local  villagers,  teachers,  journal- 
ists, and  officials  in  the  southeast. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Despite  the  Constitution's  ban  on  torture,  the  Government's  cooperation  with  un- 
scheduled foreign  inspection  teams,  and  public  pledges  by  successive  governments 
to  end  the  practice,  torture  continued  to  be  widespread.  The  HRF's  torture  rehabili- 
tation centers  -in  Ankara,  Izmir,  Istanbul,  and  Adana  reported  530  credible  applica- 
tions for  treatment  during  the  year.  Human  rights  attorneys  and  physicians  who 
treat  victims  of  torture  say  that  most  persons  detained  for  or  susp)ected  of  political 
crimes  usually  suffer  some  torture  during  periods  of  incommunicado  detention  in  po- 
lice stations  and  Jandarma  stations  before  they  are  brought  before  a  court. 

Government  officials  admit  that  torture  occurs.  Although  they  deny  that  torture 
is  systematic,  they  explain  its  occurrence  by  stating  that  it  is  closely  tied  to  the  fight 
against  terrorism.  Many  cases  of  torture,  however,  occur  in  western  Turkey,  outside 
the  zone  of  conflict.  Eight  complaints  of  torture  or  mistreatment  were  filea  with  the 
Parliamentary  Human  Rights  Commission  during  the  year.  In  January  the  United 
Nations  (U.N.)  Special  Rapporteur  on  Torture  and  other  Cruel,  Inhuman,  or  Degrad- 
ing Treatment  or  Punishment  reported  that  he  continued  to  be  concerned  by  the  ap- 
parently widespread  practice  of  torture  in  Turkey.  The  Government  has  invited  both 
the  Special  Rapporteur  on  torture  and  the  working  group  on  disappearances  to  visit 
the  country. 

In  a  particularly  egregious  case,  two  police  officers  were  convicted  in  Adana  of  tor- 
turing Songul  Yildiz,  whom  they  had  questioned  on  suspicion  of  PKK  membership 
after  a  demonstration  in  March.  In  November  the  court  convicted  the  two  policemen 
of  torture,  but  the  judge  imposed  only  a  1-year  suspended  sentence,  and  the  two 
men  were  allowed  to  remain  on  the  police  force.  The  victim's  lawyer  has  appealed 
the  sentence. 

According  to  Anmesty  International,  in  March  journalist  Hatun  Temizalp  was  de- 
tained for  a  week  in  the  anti-terror  branch  Istanbul  Police  headquarters  where  she 
was  subjected  to  various  forms  of  torture  and  abuse  (blindfolded  interrogation,  tied 
to  and  suspended  from  a  wooden  bar,  and  electric  shocks).  The  State  Forensic  Medi- 
cine Institute  issued  a  medical  certificate  detailing  a  fractured  and  dislocated  shoul- 
der blade,  as  well  as  signs  of  light  blows.  She  was  charged  in  a  State  Security  Court 
where  she  complained  of  torture,  despite  police  attempts  to  dissuade  her  through 
intimidation.  She  says  that  she  requested  access  to  a  lawyer  but  that  the  request 
was  denied.  In  November  according  to  the  Government,  two  police  officers  were  con- 
victed and  sentenced  to  over  5  years  in  prison  for  torturing  and  eventually  killing 
Ali  Riza  Aydogan  while  the  latter  was  in  custody  at  the  Beyoglu  police  precinct  in 
Istanbul  in  1992. 

In  Istanbul  five  police  officers  from  the  antiterror  division  were  indicted  in  crimi- 
nal court,  and  accused  of  torturing  Gulderen  Baran  and  four  other  detainees  in  1995 
during  an  interrogation  about  their  alleged  membership  in  a  terrorist  organization. 
In  May  Gulderen  Baran  and  one  of  her  colleagues  were  found  guilty  as  charged  and 
sentenced  to  life  imprisonment.  Another  was  acquitted  and  the  remaining  two  were 
sentenced  to  I2V2  years  in  prison.  Baran  remains  incarcerated  at  Istanbul's 
Bayrampasa  prison  pending  her  appeal.  The  timing  of  the  police  and  Baran's  trials 
precluded  consideration  that  Baran's  conviction  may  have  been  based  on  torture. 

Human  rights  observers  report  that  because  the  arresting  officer  is  also  respon- 
sible for  interrogating  the  suspect,  some  officers  may  resort  to  torture  to  obtain  a 
confession  that  would  justify  the  arrest.  Many  detainees  state  that  prosecutors  ig- 
nore their  claims  of  abuse  during  interrogation.  Commonly  employed  methods  of  tor- 
ture alleged  by  the  HliF's  torture  treatment  centers  include:  high-pressure  cold 
water  hoses,  placing  large  ice  blocks  on  the  chest  and  stomach,  electric  shocks,  beat- 
ing on  the  soles  of  the  feet,  beating  of  genitalia,  hanging  by  the  arms,  blindfolding, 
sleep  deprivation,  deprivation  of  clothing,  systematic  beatings,  and  vaginal  and  anal 
rape  with  truncheons  and,  in  some  instances,  gun  barrels.  Other  forms  of  torture 
were  sexual  abuse,  submersion  in  cold  water,  use  of  truncheons,  hanging  sandbags 
on  detainees'  necks,  forcing  detainees  to  stand  on  one  foot,  releasing  drops  of  water 
on  detainees'  heads,  oxygen  deprivation,  sitting  on  detainees'  laps,  riding  on  their 
shoulders,  and  withholding  food. 

The  Government  maintains  that  medical  examinations  occur  once  during  deten- 
tion and  a  second  time  before  either  arraignment  or  release.  However,  former  de- 
tainees assert  that  some  medical  examinations  took  place  too  long  after  the  event 
to  reveal  any  definitive  findings  of  torture.  Members  of  security  and  police  forces 
often  stay  in  the  examination  room  when  physicians  are  examining  detainees,  re- 
sulting in  intimidation  of  both  the  detainee  and  the  physician.  Physicians  responded 


1335 

to  the  coercion  by  refraining  from  examining  detainees,  performing  cursory  exami- 
nations and  not  reporting  findings,  or  reporting  physical  findings  out  not  drawing 
reasonable  medical  inferences  that  torture  occurred.  Turkish  Medical  Association  o^ 
ficials  reported  that  some  police  ofTicers  tore  up  reports  that  documented  torture, 
demanding  that  a  clean  report  be  drawn  up  instead. 

Credible  sources  in  the  human  rights  and  legal  communities  estimate  that  judicial 
authorities  investigate  very  few  of  the  formal  complaints  involving  torture  and  pros- 
ecute only  a  fraction  of  those.  Security  personnel  accused  of  violating  human  rights 
are  held  to  a  different  standard  than  other  citizens.  The  Anti-Terror  Law  provides 
that  oflicials  accused  of  torture  or  other  mistreatment  may  continue  to  work  while 
under  investigation. 

Special  provincial  administrative  boards  rather  than  regular  courts  decide  wheth- 
er to  prosecute  such  cases.  Suspects'  legal  fees  are  paid  by  their  employing  agencies. 
Under  the  state  of  emergency,  any  lawsuit  directed  at  government  authorities  must 
be  approved  by  the  state  of  emergency  governor.  Approval  is  rare.  These  constraints 
contribute  to  the  paucity  of  convictions  for  torture. 

Under  the  Administrative  Adjudication  Law,  an  administrative  investigation  into 
an  alleged  torture  case  is  conducted  to  determine  if  there  is  enough  evidence  to 
bring  a  law  enforcement  officer  to  trial.  Under  the  Criminal  Trials  Procedure  Law 
(CMUK),  prosecutors  are  empowered  to  initiate  investigations  of  police  or  Jandarma 
officers  suspected  of  torturing  or  mistreating  suspects.  In  cases  where  township  se- 
curity directors  or  Jandarma  commanders  are  accused  of  torture,  the  prosecutor 
must  obtain  permission  to  initiate  an  investigation  from  the  Ministry  of  Justice,  be- 
cause these  officials  are  deemed  to  have  a  status  equal  to  that  of  judges. 

In  March  the  CMUK  was  amended  to  grant  immediate  access  by  attorneys  to 
those  arrested  for  common  crimes,  and  after  4  days  of  detention  for  those  persons 
detained  under  the  Anti-Terror  Law  or  for  other  "security"  crimes.  Private  attorneys 
and  human  rights  monitors  reported  uneven  implementation  of  these  reforms,  as- 
serting that  in  some  cases  police  officers  would  postdate  the  day  of  detention  to  com- 
ply with  the  new  law  (see  Section  l.d.). 

The  trial  continues  of  10  police  officers,  including  2  superintendents,  from  Manisa 
(western  Turkey)  for  allegedly  torturing  a  group  of  15  young  people,  mostly  teen- 
agers suspected  of  belonging  to  a  leftist  terrorist  organization  in  1995.  The  youths' 
trial  ended  in  January,  when  the  courts  found  11  teenagers  guilty  of  belonging  to 
a  terrorist  organization,  and  acquitted  4  others.  In  May  all  15  were  acquittea  on 
the  separate  charge  of  throwing  a  Moltov  cocktail  at  a  barber  shop.  Lawyers  ap- 
pealed the  convictions.  The  timing  of  the  police  and  teenagers'  trials  precluded  con- 
sideration that  the  teenagers'  confessions  may  have  been  based  on  torture.  A  judge 
in  the  case  of  the  police  oTficers — who  remain  on  active  duty — relieved  them  oftheir 
obligation  to  personally  appear  in  the  court  room  due  to  concern  that  such  an  ap- 
pearance would  compromise  their  undercover  investigative  work.  Human  rights  at- 
torneys complained  that  this  ruling  undermined  the  prosecution's  case  against  the 
officers. 

In  September  the  European  Court  of  Human  Rights  ruled  against  Turkey  in  the 
case  of  a  woman  from  the  town  of  Derik  in  the  southeast,  concluding  that  she  had 
been  tortured  and  raped  by  Jandarma  and  village  guards  while  forcibly  detained  for 
3  days  in  1993  (see  Section  I.e.).  The  Government  was  ordered  to  pay  compensation 
and  to  reimburse  the  applicant's  legal  expenses. 

Prison  conditions  remain  poor.  Juveniles  and  adults  are  incarcerated  together  and 
most  prisons  lack  a  medical  health  care  program  to  provide  routine  and  even  urgent 
medical  care.  Families  often  must  supplement  the  poor  quality  food.  Prisons  are  run 
on  the  ward  system.  Prisoners,  often  those  of  the  same  ideological  bent,  are  incar- 
cerated together  and  indoctrinate  and  punish  their  own.  Government  efforts  to  re- 
form prisons  by  adopting  a  cell  system  have  been  criticized  by  prisoners,  attorneys, 
and  human  rights  activists  alike,  who  view  the  ward  system  as  a  more  humane 
form  of  incarceration.  Plagued  by  overcrowding,  underfunding,  and  very  poor  admin- 
istration, prisons  periodically  become  the  scene  of  explosive  situations. 

A  total  of  at  least  seven  prisoners  were  killed  in  two  separate  prison  disturbances. 
In  July  six  prisoners  were  killed  by  other  inmates  during  a  prison  disturbance  at 
Istanbul's  Metris  prison.  The  disturbance  reportedly  originated  with  the  killing  of 
one  prisoner;  the  other  five  were  killed  in  the  actual  disturbance  during  which 
Jandarma  and  prison  officials  were  videotaped  using  excessive  force.  According  to 
a  human  rights  NGO,  forensic  medicine  reports  revealed  that  all  prisoners  had  l^en 
stabbed  to  death  by  homemade  weapons.  In  August  a  disturbance  in  an  Adana  pris- 
on resulted  in  the  death  of  a  prisoner.  The  HRF  noted  that  the  prisoner  reportedly 
died  at  the  hands  of  other  inmates. 

Torture  of  convicted  prisoners  decreased,  but  security  personnel  continued  to  use 
excessive  force  in  quieting  disturbances.  Small-scale  hunger  strikes  to  protest  prison 


1336 

conditions,  the  proposed  transfer  to  a  cell  system,  and  poor  treatment  by  guards  oc- 
curred at  many  institutions  throughout  the  year. 

Several  monitoring  groups,  both  domestic  and  international,  carried  out  prison 
visits.  The  Government  accepted  unannounced  visits  by  the  Council  of  Europe's 
Committee  for  the  Prevention  of  Torture  (CPT)  and  is  in  regular  dialog  with  the 
CPT.  The  International  Committee  of  the  Red  Cross  and  the  Government  are  dis- 
cussing ICRC  access  to  prisoners  accused  of  PKK  membership. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^Arbitrary  arrest  and  detention  remain 
problems.  To  take  a  person  into  custody,  a  prosecutor  must  issue  a  detention  order, 
except  in  limited  circumstances  such  as  when  a  person  is  caught  committing  a 
crime.  The  maximum  detention  period  for  those  charged  with  common  individual 
crimes  is  24  hours.  The  detention  period  may  be  extended  by  a  judge  for  a  maxi- 
mum of  7  days.  Under  the  CMUK,  detainees  are  entitled  to  immediate  access  to  an 
attorney  and  may  meet  and  confer  with  the  attorney  at  any  time.  In  practice,  this 
degree  of  access  continued. 

In  March  parliament  passed  new  legislation  that  reduced  detention  periods.  Per- 
sons detained  for  individual  crimes  that  fall  under  the  Anti-Terror  Law  must  be 
brought  before  a  judge  within  48  hours,  while  those  charged  with  crimes  of  a  collec- 
tive, political,  or  conspiratorial  nature  may  be  detained  for  an  initial  period  of  48 
hours,  extended  for  up  to  4  days  at  a  prosecutor's  discretion  and,  with  a  judge's  per- 
mission, for  up  to  7  days  in  most  of  the  country  and  up  to  10  days  in  the  southeast- 
em  provinces  under  the  state  of  emergency.  Attorneys  are  allowed  access  only  after 
the  first  4  days.  Private  attorneys  and  human  rights  monitors  reported  uneven  im- 
plementation of  reforms  that  shortened  pretrial  detention  periods  of  those  charged 
under  the  Anti-Terror  Law,  asserting  that  some  police  officers  postdate  the  day  of 
detention  to  comply  with  the  new  law.  Like  their  colleagues  in  Batman,  defense  law- 
yers in  Diyarbakir  reported  that  in  spite  of  the  new  law,  access  to  detainees  in  polit- 
ical cases  remains  difficult,  even  after  the  expiration  of  the  initial  4-day  detention 
period.  Diyarbakir  lawyers  knew  of  only  one  case,  as  of  September,  in  which  access 
by  attorneys  to  detainees  was  permitted  and  only  then  after  repeated  attempts  and 
because  of  the  high  profile  of  the  case. 

No  immediate  access  to  an  attorney  is  provided  under  the  law  for  persons  whose 
cases  fall  under  the  jurisdiction  of  the  State  Security  Courts;  these  include  those 
charged  with  smuggling  and  with  crimes  under  the  Anti-Terror  Law.  This  lack  of 
early  access  to  an  attorney  is  a  major  factor  in  the  use  of  torture  by  police  and  secu- 
rity forces.  The  decision  concerning  early  access  to  counsel  in  such  cases  is  left  to 
the  public  prosecutor,  who  often  denies  access  on  the  grounds  that  it  would  preju- 
dice an  ongoing  investigation.  Although  the  Constitution  specifies  the  right  of  de- 
tainees to  request  speedy  arraignment  and  trial,  judges  have  ordered  that  a  signifi- 
cant number  of  suspects  be  detained  indefinitely,  sometimes  for  years.  Many  cases 
involve  persons  accused  of  violent  crimes,  but  it  is  not  uncommon  for  those  accused 
of  nonviolent  political  crimes  to  be  kept  in  custody  until  the  conclusion  of  their 
trials. 

By  law  a  detainee's  next  of  kin  must  be  notified  "in  the  shortest  time"  after  arrest, 
a  requirement  observed  in  practice  in  criminal  and  civil  cases.  Once  formally 
charged  by  the  prosecutor,  a  detainee  is  arraigned  by  a  judge  and  allowed  to  retain 
a  lawyer.  After  arraignment,  the  judge  may  release  the  accused  upon  receipt  of  an 
appropriate  assurance,  such  as  bail,  or  order  him  detained  if  the  court  determines 
that  he  is  likely  to  flee  the  jurisdiction  or  destroy  evidence. 

The  Government  does  not  use  forced  external  exile,  but  the  Government  retains 
the  authority  to  authorize  internal  exile  (see  Section  2.d.). 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  in  practice  the  courts  generally  act  independently  of  the  executive.  The 
Constitution  stipulates  that  judges  be  independent  of  the  executive  in  the  discharge 
of  their  duties  and  provides  for  security  of  tenure.  The  High  Council  of  Judges  and 
Prosecutors,  which  is  appointed  by  the  President  and  includes  the  Minister  of  Jus- 
tice, selects  judges  and  prosecutors  for  the  higher  courts  and  is  responsible  for  over- 
sight of  those  in  the  lower  courts.  The  Constitution  also  prohibits  state  authorities 
from  issuing  orders  or  recommendations  concerning  the  exercise  of  judicial  power. 

The  judicial  system  is  composed  of  general  law  courts.  State  Security  Courts,  and 
military  courts.  There  is  also  a  Constitutional  Court.  Most  cases  are  prosecuted  in 
the  general  law  courts,  which  include  the  civil,  administrative,  and  criminal  courts. 
Appeals  are  heard  either  by  the  High  Court  of  Appeals  or  the  Council  of  State.  Pro- 
vincial administrative  boards  established  under  tne  Anti-Terror  Law  decide  whether 
cases  in  which  state  officials  are  accused  of  misconduct  should  bo  heard  in  criminal 
court.  Military  courts,  with  their  own  appeals  system,  hear  cases  involving  military 
law  and  members  of  the  armed  forces,  and  cases  in  which  civilians  are  alleged  to 


1337 

have  impugned  the  honor  of  the  armed  forces  or  undermined  compliance  with  the 
draa. 

The  Constitutional  Court  examines  the  constitutionality  of  laws,  decrees,  and  par- 
liamentary procedural  rules.  However,  it  may  not  consider  "decrees  with  the  force 
of  law"  issued  under  a  state  of  emergency,  martial  law,  or  in  time  of  war. 

State  Security  Courts  (SSC's)  sit  in  eight  cities.  They  are  composed  of  panels  of 
five  members — two  civilian  judges,  one  military  judge,  and  two  prosecutors — and  try 
defendants  accused  of  crimes  such  as  terrorism,  drug  smuggling,  membership  in  ille- 
gal organizations,  and  espousing  or  disseminating  ideas  prohibited  by  law  such  as 
damaging  the  indivisible  unity  of  the  state."  SSC  verdicts  may  be  appealed  only 
to  a  specialized  department  of  the  Hi^  Court  of  Appeals  dealing  with  crimes 
against  state  security.  F*rosecutors  and  judges  vested  with  responsibility  for  SSC 
cases  are  often  housed  in  military  barracks  in  the  southeast,  expressly  for  their  per- 
sonal protection.  According  to  a  human  rights  monitor  this  arrangement  subjects 
them  to  si^ificant  pressure  in  reviewing  cases.  The  law  gives  prosecutors  far-reach- 
ing authority  to  supervise  the  police  during  an  investigation.  However,  according  to 
Human  Rights  Watch,  prosecutors  seems  to  make  little  use  of  this  power,  especially 
in  cases  of  security  detainees. 

In  1997  SSC's  predominantly  handled  cases  under  the  Anti-Terror  Law  and  Sec- 
tion 312  of  the  Criminal  Code.  The  Government  claims  that  these  courts  were  estab- 
lished to  try  efficiently  those  suspected  of  certain  crimes.  These  courts  may  hold 
closed  hearings  and  may  admit  testimony  obtained  during  police  interrogation  in 
the  absence  oi  counsel.  The  trial  of  20  Diyarbakir  lawyers  charged  in  1993  with  act- 
ing as  couriers  for  the  PKK  continues  at  the  Diyarbakir  SSC.  All  of  the  defendants 
remain  free.  In  September  nine  Erzurum  lawyers  charged  with  similar  crimes  were 
acquitted. 

Under  the  Constitution,  defendants  have  the  right  to  a  public  trial  in  a  court  of 
law.  By  law  the  bar  association  must  provide  free  counsel  to  indigents  who  make 
a  request  to  the  court.  Bar  associations  in  large  cities,  such  as  Istanbul,  have  attor- 
neys on  call  24  hours  a  day.  Costs  are  borne  by  the  Association.  There  is  no  jury 
system;  all  cases  are  decided  by  a  judge  or  a  panel  of  judges.  Trials  may  last  for 
months  or  years,  with  one  or  two  hearings  scheduled  each  month. 

Defense  lawyers  generally  have  access  to  the  public  prosecutor's  files  after  ar- 
raignment and  prior  to  trial  (a  period  of  several  weeks).  In  cases  involving  violations 
of  tne  Anti-Terror  Law  and  a  few  others,  such  as  insulting  the  president  or  "defam- 
ing Turkish  citizenship,"  defense  attorneys  may  be  denied  access  to  files  that  the 
state  asserts  deal  with  national  intelligence  or  security  matters.  Attorneys  defend- 
ing controversial  cases  occasionally  face  Wal  harassment.  Hasan  Dogan,  a  re- 
spected Malatya  attorney,  who  frequently  defends  persons  in  SSC  cases,  was  himself 
detained.  He  was  charged  in  May  under  Article  169  of  the  Criminal  Code  for  mem- 
bership in  an  illegal  organization  on  the  basis  of  evidence  supplied  by  a  convicted 
prisoner  cooperating  with  the  authorities  in  the  hope  of  receiving  more  favorable 
treatment.  Dogan  is  free  pending  trial.  Many  lawyers  who  practice  before  SSC's  con- 
tend that  cases  in  which  testimony  provided  by  informers  is  used  are  difficult  to 
challenge. 

In  law  and  in  practice,  the  legal  system  does  not  discriminate  against  minorities. 
However,  since  legal  proceedings  are  conducted  solely  in  Turkish,  and  the  quality 
of  interpreters  varies,  some  defendants  whose  native  language  is  not  Turkish  may 
be  seriously  disadvantaged.  There  are  still  some  laws  in  eitect  that  discriminate 
against  women. 

Turkey  recognizes  the  jurisdiction  of  the  European  Court  of  Human  Rights  and 
the  European  Commission  of  Human  Rights.  Citizens  may  file  applications  alleging 
violations  of  the  European  Convention  for  the  Protection  of  Human  Rights  and  Fun- 
damental Freedoms  with  the  Commission.  According  to  the  Government,  as  of  No- 
vember a  total  of  29  cases  have  been  brought  before  the  Court,  13  of  which  remain 
pending.  An  amicable  resolution  was  reached  in  6  cases,  the  court  ruled  in  Turkey's 
favor  in  2  cases  and  against  Turkey  in  8  cases  (see  also  Section  l.f.). 

There  is  no  reliable  estimate  of  the  number  of  political  prisoners.  The  Government 
claims  that  most  alleged  political  prisoners  are  in  fact  security  detainees,  convicted 
of  being  members  of,  or  assisting,  the  PKK  or  other  terrorist  organizations.  The 
number  of  people  charged,  suspected,  or  convicted  of  ofTenses  under  the  Anti-Terror 
Law,  accoraing  to  government  statistics,  was  as  follows:  during  the  first  10  months 
of  1996,  1,024  persons  were  in  custody  and  an  additional  1,943  were  suspects  not 
in  custody  related  to  ofTenses  under  the  Anti-Terror  Law  (latest  available  statistics). 
Eighty  were  convicted  through  October  1996. 

According  to  AI,  Sevil  Dalkilic,  a  lawyer,  was  detained  in  her  hometown  of 
Karman  in  March  1994,  held  in  public  custody  in  Ankara  for  15  days,  and  severely 
tortured  until  she  signed  a  statement  implicating  her  in  several  bombing  incidents. 


1338 

Convicted  in  the  Ankara  SSC  of  membership  in  a  terrorist  oi^anization,  employing 
explosives,  and  separatism  based  on  "confessions  extracted  by  the  police,"  sne  was 
sentenced  to  30  years  in  prison  in  1995,  even  though  she  recanted  her  confession 
in  court.  A  subsequent  appeal  confirmed  the  verdict. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  a  person's  domicile  ana  the  privacy  of 
correspondence  and  communication.  With  some  exceptions,  Government  officials 
may  enter  a  private  residence  or  intercept  or  monitor  private  correspondence  only 
upon  issuance  of  a  judicial  warrant.  These  provisions  are  generally  respected  in 
practice  outside  the  state  of  emergency  region.  A  judge  must  decide  whether  to  issue 
a  search  warrant  for  a  residence.  If  delay  may  cause  harm  to  the  case,  prosecutors 
and  municipal  officers  authorized  to  carry  out  prosecutors'  instructions  may  conduct 
a  search.  Searches  of  private  premises  may  not  be  carried  out  at  night,  unless  the 
delay  would  be  damaging  to  the  case  or  the  search  is  expected  to  result  in  the  cap- 
ture of  a  prisoner  at  large.  Other  exceptions  include  persons  under  special  observa- 
tion by  the  Security  Directorate  General,  places  anyone  can  enter  at  night,  places 
where  criminals  gather,  places  where  materials  obtained  through  the  commission  of 
crimes  are  kept,  gambling  establishments,  and  brothels. 

In  the  six  provinces  under  emergency  rule,  the  regional  state  of  emergency  gov- 
ernor empowers  security  authorities  to  search  without  a  warrant  residences  or  the 
Premises  of  political  parties,  businesses,  associations,  or  other  organizations.  The 
ar  Association  asserts  that  it  is  not  constitutional  for  security  authorities  in  these 
provinces  to  search,  hold,  or  seize  without  warrant  persons  or  documents.  A  total 
of  six  provinces  remain  under  "adjacent  province"  status,  which  authorizes  the 
Jandarma  to  retain  security  responsibility  for  municipalities  as  well  as  rural  areas 
and  grants  the  provincial  governor  several  extraordinary  powers.  Due  to  an  im- 
proved security  situation,  the  use  of  roadblocks  in  the  southeast  decreased;  security 
ofiicials  periodically  still  search  vehicles  and  travelers.  Over  the  past  5  to  6  years 
security  forces  have  evacuated  thousands  of  villages  and  hamlets  in  the  southeast 
to  prevent  villagers  from  giving  aid  and  comfort  to  the  PKK  (see  Section  l.g.).  The 
Government  claims  that  village  evacuations  occur  as  the  consequence  of  pressures 
by  and  fear  of  the  PKK  and  because  security  operations  against  the  PKK  in  the  re- 
gion make  continued  occupancy  unsafe.  Security  forces  have  confiscated  citizens' 
satellite  dishes  in  some  parts  of  the  southeast  to  prevent  them  from  viewing  pro- 
PKK  broadcasts  (see  Section  2. a.). 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— Since  1984  the  separatist  PKK  has  waged  a  violent  terrorist  insurgency  in 
southeast  Turkey,  directed  against  both  security  forces  and  civilians,  almost  all  of 
them  Kurds,  whom  the  PKK  accuses  of  cooperating  with  the  State.  The  TNP, 
Jandarma,  village  guards  and  the  armed  forces,  in  turn,  have  waged  an  intense 
campaign  to  suppress  PKK  terrorism,  targeting  active  PKK  units  as  well  as  persons 
they  believe  support  or  sympathize  with  the  PKK.  In  the  process,  both  government 
forces  and  PKK  terrorists  have  committed  human  rights  abuses  against  each  other 
and  noncombatants.  According  to  the  (jovemment,  from  1984  through  November 
1997,  26,532  PKK  members,  5,185  security  force  members,  and  5,209  civilians  lost 
their  lives  in  the  fighting. 

In  an  effort  to  deny  the  PKK  logistical  support,  the  Government  rationed  food  and 
other  essentials  in  the  province  of  Tunceli,  the  village  of  Tepe,  near  Lice  in 
Diyarbakir  Province,  and  parts  of  Bingol  Province,  causing  severe  shortages  and 
hardship  among  the  population.  Other  than  in  Tunceli  where  the  rationing  has  been 
ongoing  for  some  time,  implementation  of  food  rationing  elsewhere  is  sporadic  or  lo- 
calized. According  to  local  human  rights  monitors,  Tepe  was  blockaded  by  the  mili- 
tary for  2  months  in  reprisal  for  the  PKK  murder  of  a  village  guard. 

In  November  the  Eurojaean  Court  of  Human  Rights  found  Turkey  in  violation  of 
Article  8  (right  to  respect  for  home)  in  the  case  of  three  applicants  whose  homes 
were  burned  down  by  security  forces  in  1993.  The  Court  attached  particular  weight 
to  the  fact  that  the  public  prosecutor  did  not  carry  out  any  meaningful  investigation 
into  the  matter.  The  applicants  were  awarded  court  costs  and  expenses  with  dam- 
ages to  be  determined  at  a  future  date. 

Because  so  many  villages  have  already  been  evacuated  and  because  the  fighting 
has  now  moved  to  mountains,  government  security  forces  evacuated  and  destroyed 
fewer  villages  than  in  previous  years.  According  to  the  (Jrovemment,  only  4  villages 
and  hamlets  (settlements  of  3  or  4  houses)  and  970  persons  were  evacuated  during 
the  year.  The  Government's  stated  purpose  was  to  protect  civilians  or  prevent  PKK 
guerrillas  from  obtaining  logistical  support  from  the  inhabitants.  Some  villagers  al- 
leged that  the  security  forces  evacuated  them  for  refusing  to  participate  in  the  para- 
military village  guard  system.  Journalists  and  human  rights  monitors  were  not  per- 


1339 

mitted  to  enter  the  village  of  Lice  where  there  were  reports  of  large-scale  detentions 
of  villagers  by  the  Jandarma  for  refusal  to  become  village  guards. 

The  exact  number  of  persons  forcibly  displaced  from  villages  in  the  southeast 
since  1984  is  unknown.  Most  estimates  agree  that  2,600  to  3,000  villages  and  ham- 
lets have  been  depopulated.  A  few  NGO  s  put  the  number  of  people  forcibly  dis- 
placed as  high  as  2  million.  Official  census  figures  for  1990-— before  large-scale 
forced  evacuations  began — indicate  that  the  total  population  for  the  10  southeastern 
provinces  then  under  emergency  rule  was  4  to  4.5  million  people,  half  of  them  in 
rural  areas.  Since  all  rural  areas  in  the  southeast  have  not  been  depopulated,  the 
estimate  of  2  million  evacuees  is  probably  too  high.  On  the  low  end,  the  Government 
reports  that  through  1997  the  total  number  of  evacuees  was  336,717.  Rapidly  grow- 
ing demands  for  social  services  in  the  cities  indicate  that  migration  from  the  coun- 
tryside has  been  higher  than  this  figure.  Although  this  uroanization  is  also  ac- 
counted for  in  part  by  voluntary  migration  for  economic  or  educational  reasons  also 
related  to  the  conflict,  the  figure  given  by  a  former  M.P.  from  the  region — 560,000 — 
appears  to  be  the  most  credit) le  estimate  of  those  forcibly  evacuated.  At  the  request 
of  Republican  Peoples'  Party  (CHP)  M.P.  Algan  Hacaloglu,  a  former  human  rights 
monitor,  a  parliamentary  committee  was  formed  to  investigate  the  causes  of  dis- 
placement and  status  of  the  displaced.  It  began  work  in  July. 

Government  programs  to  deal  with  and  cornpensate  the  forcibly  evacuated  villag- 
ers remain  inaaequate.  Local  and  provincial  officials  are  nevertheless  making  efforts 
to  address  the  basic  needs  of  some  migrants.  The  governor  of  Diyarbakir,  for  exam- 
ple, opened  a  newly  constructed  neighborhood  of  500  houses  to  resettlement  by  mi- 
grant families.  The  governor  of  Van  resettled  257  migrant  families  in  a  new  neigh- 
borhood in  the  provincial  capital.  A  free  "restaurant"  run  by  the  Van  governor's  of- 
fice feeds  nearly  1,000  migrants  daily.  In  several  provinces,  officials  provided  looms 
for  use  by  unemployed  women.  The  rugs  produced  are  then  purchased  by  the  Gov- 
ernment for  resale  on  the  open  market.  Officials  overseeing  some  of  these  programs 
acknowledge  that  funding  is  inadequate,  and  that  much  more  needs  to  be  done. 
Many  migrants  continue  to  live  in  overcrowded,  unhealthful  conditions  with  little 
opportunity  for  employment. 

According  to  the  Government,  7,608  persons  were  returned  to  61  villages  in  the 
southeast  during  the  year.  The  Foreign  Ministry  noted  that  some  displaced  persons 
chose  to  resettle  in  urban  areas  and  are  receiving  assistance  there.  The  Government 
initiated  in  1996  an  "emergency  support  program"  to  expedite  resettlement  in  the 
southeast.  The  funds  are  used  for  rebuilding  homes  and  roads,  as  well  as  for  animal 
husbandry  and  beekeeping  programs.  Human  rights  activists  criticize  government 
efforts  as  inadequate  in  relation  to  the  number  of  forcibly  displaced  persons. 

There  are  credible  allegations  that  serious  abuses  by  security  forces  during  the 
course  of  operations  against  the  PKK  continue.  The  Government  organizes,  arms, 
and  pays  for  a  civil  defense  force  in  the  region  known  as  the  village  guards.  Local 
villagers'  participation  in  this  paramilitary  militia  is  theoretically  voluntary,  but 
they  are  sometimes  caught  between  the  two  sides.  If  the  villagers  agree  to  serve, 
the  PKK  may  target  them  and  their  village.  If  the  villagers  refuse  to  participate, 
government  security  forces  may  retaliate  against  them  and  their  village.  The  village 
guards  have  a  reputation  for  being  the  least  trained  and  disciplined  of  the  Govern- 
ment's security  i^orces  and  have  oeen  accused  repeatedly  of  corruption,  common 
crimes,  and  human  rights  abuses.  In  addition  to  the  village  guards,  the  Jandarma 
and  police  "special  teams"  are  viewed  as  those  most  responsible  for  abuses. 

The  Government  state  of  emergency,  modified  and  most  recently  renewed  for  4 
months  in  November,  imposes  stringent  security  measures  in  six  provinces  in  the 
southeast.  The  regional  governor  for  the  state  of  emergency  may  censor  news,  ban 
strikes  or  lockouts,  and  impose  internal  exile.  The  decree  also  provides  for  doubling 
the  sentences  of  those  convicted  of  cooperating  with  separatists.  Informants  and  con- 
victed persons  who  cooperate  with  the  state  are  eligible  for  rewards  and  reduced 
sentences.  Only  limited  judicial  review  of  the  state  of  emergency  governor's  adminis- 
trative decisions  is  permitted. 

Although  schools  have  remained  open  in  most  urban  centers  in  the  southeast, 
rapid  migration  has  led  to  severe  overcrowding  of  schools  and  chronic  teacher  short- 
ages. The  PKK  policy  of  murdering  teachers  exacerbated  the  situation  (see  Section 
l.a.).  Government  ofticials  claim  that  a  significant  efTort  is  being  made  both  to  re- 
open schools  and  to  build  new  schools  in  regions  faced  with  acute  overcrowding.  Ac- 
cording to  government  figures,  3,223  primary  schools  remain  closed  in  22  provinces 
in  the  east  and  southeast  for  security  reasons  or  because  of  a  teacher  shortage.  No 
secondary  schools  are  closed.  Although  the  Government  continues  to  build  boarding 
schools  in  the  region's  larger  towns,  these  new  schools  have  failed  to  fill  the  gap. 
A  total  of  88  boarding  schools  were  completed  with  a  total  capacity  of  49,614  stu- 
dents. Additional  boarding  schools  numbering  38  are  under  construction.  Some  eth- 


1340 

nic  Kurdish  leaders  expressed  concern  that  the  government  favored  building  board- 
ing schools,  rather  than  rebuilding  local  schools,  as  a  way  to  accelerate  the  process 
ofKurdish  assimilation. 

Turkish  ground  forces  with  air  support  conducted  several  operations  during  the 
year  in  northern  Iraq  against  the  PKK.  According  to  press  reports,  in  May  the  Gov- 
ernment sent  between  25,000  and  50,000  troops  mto  northern  Iraq,  and  in  Septem- 
ber sent  an  estimated  8,000  to  15,000  ground  troops  and  warplanes.  In  November 
Turkish  forces  joined  local  Iraqi  Kurd  forces  of  tne  Kurdistan  Democratic  Party 
(KDP)  in  pitched  battle  against  the  PKK  and  forces  of  another  Iraqi  Kurd  group, 
the  Patriotic  Union  of  Kurdistan  (PUK).  During  all  these  operations,  PKK  forces 
were  reported  by  several  sources  to  have  attacked  local  civilians  and  damaged  civil- 
ian property.  Additional  details  are  in  the  Iraq  country  report.  The  Turkish  military 
strictly  limited  press  access  to  the  region  during  these  operations.  A  report  filed  by 
a  group  granted  controlled  access  to  the  Zap  Valley  area  in  northern  Iraq,  along 
with  reports  obtained  from  Kurdish  and  U.N.  sources,  suggest  that  the  security 
forces  minimized  civilian  causalities.  The  Patriotic  Union  of  Kurdistan  (PUK;, 
charged  that  the  Turkish  military  targeted  villages  in  several  of  these  operations, 
but  these  charges  were  not  confirmed  by  other  observers  on  the  scene.  The  Turkish 
Government  maintained  that  it  targeted  only  the  PKK  in  northern  Iraq,  not  any 
other  groups  or  civilians. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press;  however,  the  Government  continued  to  limit  these  freedoms.  The 
Criminal  Code  provides  penalties  for  those  who  "insult  the  President,  the  Par- 
liament, and  the  army."  Numerous  other  provisions  in  various  laws  restrict  freedom 
of  expression  to  one  degree  or  another,  those  most  frequently  employed  include  Arti- 
cle 8  of  the  Anti-Terror  Law  and  Article  312  of  the  Criminal  Code.  Judges  generally 
examine  evidence  rigorously  and  dismiss  many  charges  brought  under  these  laws. 

Domestic  and  foreign  periodicals  providing  a  broad  spectrum  of  views  and  opin- 
ions are  widely  available.  Government  censorship  of  foreign  periodicals  is  very  rare. 
While  overall  readership  of  the  local  press  is  not  large  for  a  country  of  60  million, 
the  newspaper  business  is  intensely  competitive. 

Electronic  media  reach  nearly  every  adult,  and  their  influence  is  correspondingly 
great.  Radio  and  television  have  experienced  explosive  growth  in  the  6  years  since 
privately  owned  broadcasting  has  been  allowed:  as  of  October,  over  230  local,  15  re- 
gional, and  15  national  television  stations — the  majority  private — were  registered, 
along  with  1,056  local,  108  regional,  and  36  national  radio  stations.  Other  television 
and  radio  stations  broadcast  without  an  official  license.  In  1994  Parliament  passed 
regulatory  legislation  making  it  illegal  for  broadcasters  to  threaten  the  country's 
unity  or  national  security  and  limiting  the  private  broadcast  of  television  programs 
in  languages  other  than  Turkish.  The  increasing  availability  of  satellite  dishes  and 
cable  television  allows  access  to  foreign  broadcasts,  including  several  Turkish-lan- 
guage private  channels.  In  some  areas  of  the  southeast,  security  forces  have  system- 
atically confiscated  private  satellite  dishes  in  order  to  prevent  viewing  of  pro-PKK 
MED-TV.  This  policy  was  applied  selectively  in  migrant  neighborhoods  of  Adana. 
Internet  use  is  growing  and  faces  no  government  restrictions. 

Despite  the  Government's  restrictions,  the  media  daily  criticize  government  lead- 
ers and  policies.  Media  coverage  of  the  situation  in  the  southeast  tended  to  be  unre- 
liable, underreporting  it  in  some  instances  and  sensationalizing  it  in  others.  Govern- 
ment Decree  430  gives  the  Interior  Ministry  upon  the  request  of  the  regional  gov- 
ernor the  authority  to  ban  distribution  oi  any  news  viewed  as  misrepresenting 
events  in  the  region,  leading  to  self-censorship  of  news  reporting  from  or  about  the 
southeast.  In  the  event  that  such  a  government  warning  is  not  obeyed,  the  decree 
provides  for  a  10-day  suspension  of  operations  for  a  first  offense  and  30  days  for 
subsequent  ofienses. 

Two  weeks  after  assuming  office,  to  signal  the  new  Government's  commitment  to 
freedom  of  expression,  the  Prime  Minister,  Deputy  Prime  Minister,  Foreign  Min- 
ister, and  President  Demirel  each  received  a  delegation  from  the  CPJ.  Immediately 
thereafter,  the  Government  won  passage  of  a  law  granting  probationary  amnesty  to 
editors  imprisoned  under  a  press  law  still  in  existence  that  permits  prosecutors  to 
seek  a  court  order  for  the  confiscation  of  a  newspaper  or  magazine  and  requires  that 
each  publication's  "responsible  editors"  bear  legal  responsibility  for  the  publication's 
content.  The  new  law  granted  a  full  pardon  to  the  responsible  editors  if  they  did 
not  commit  the  same  crime  within  3  years.  If  they  are  convicted  of  the  same  crime 
during  this  probationary  period,  then  they  must  serve  sentences  for  both  convic- 
tions. Under  the  August  law,  six  imprisoned  editors  received  a  provisional  amnesty; 
however,  many  others  remain  imprisoned. 


1341 

Ismail  Besikci  served  10  years  in  prison  between  1971  and  1987  for  his  publica- 
tions on  the  Kurdish  situation  in  Turkey.  He  has  been  in  prison  since  1993  on  a 
variety  of  new  charges  based  upon  his  ongoing  articles  on  Kurdish  issues.  SSC  pros- 
ecutors ordered  the  confiscation  of  numerous  issues  of  leftist,  Kurdish  nationalist, 
and  pro-PKK  periodicals,  although  many  continue  to  circulate.  The  pro-PKK  news- 
paper Ozgur  Ulke,  and  its  successors  Yeni  Politika  and  Demokrasi,  resumed  publi- 
cation in  June  as  Ulkede  Gundem.  The  newspaper  has  been  increasingly  dimcult 
to  find  on  newsstands  in  the  southeast;  the  newspaper's  distributor  in  IJiyarbakir 
has  been  detained  repeatedly,  and  copies  have  been  confiscated  by  the  Jandarma. 
In  Adana,  however,  the  newspaper  appears  regularly.  Offices  of  small  leftist  publica- 
tions are  frequently  raided  by  the  police  in  the  southeast. 

Individual  journalists  are  subject  to  harassment  and  police  violence.  In  December 
the  Committee  to  Protect  Journalists  listed  40  journalists  under  imprisonment. 

In  April  Sanar  Yurdatapan,  a  well-known  musician  and  spokesman  for  freedom 
of  expression,  was  arrested  at  the  Istanbul  airport  with  false  passports  destined  for 
two  former  PKK  members.  According  to  Yurdatapan,  after  these  two  individuals 
served  their  sentences  for  ties  to  the  PKK,  they  became  agents  for  the  Turkish  secu- 
rity forces  and  later  contacted  Yurdatapan  to  give  him  information  about  acts  in- 
cluding political  murder  that  they  had  carried  out  on  behalf  of  the  State. 
Yurdatapan  claimed  to  have  videotapes  of  interviews  and  photographs  of  the  men 
in  military  uniforms  to  substantiate  nis  charges.  He  remains  free  pending  the  out- 
come of  his  SSC  trial  in  Istanbul  on  charges  of  harboring  members  of  an  illegal  or- 
ganization. 

According  to  Human  Rights  Watch,  the  case  of  three  journalists  arrested  in  June 
exemplified  the  arbitrary  and  contradictory  nature  of  the  repression  of  free  expres- 
sion. Two  journalists  from  the  now-defunct  Demokrasi  newspaper  and  the 
Diyarbakir  correspondent  from  the  ATV  television  station  were  arrested  in  June  for 
interviewing  two  former  PKK  members  alleged  to  have  taken  part  in  killings  and 
illegal  activities  on  behalf  of  the  State.  The  three  journalists  were  charged  witn  forc- 
ing the  pair  to  make  the  statements  "in  accord  with  the  goals  of  the  PKK."  The 
men,  however,  made  the  same  statements  without  incident  to  two  other  newspapers, 
two  television  programs,  including  Mehmet  AH  Birand's  "32nd  Day,"  and  to  a  par- 
liamentary commission  investigating  the  1993  death-squad  style  killing  of  journalist 
Ugur  Mumcu.  A  similar  case  occurred  with  the  Turkish-language  edition  of  Leo 
Muller's  book,  "Gladio:  The  Legacy  of  the  Cold  War,"  originally  published  in  Ger- 
many. While  Pencere  publishing,  a  small  Istanbul  publisning  house,  released  the 
first  edition  without  incident,  the  second  edition  of  the  book  published  in  February 
was  confiscated,  and  both  the  publisher  and  translator  were  tried  under  Article  312 
and  the  Anti-Terror  Law.  In  September  they  were  given  a  suspended  sentence  on 
the  Article  12  charge  and  fined  under  the  Anti-Terror  Law.  Both  sentences  have 
been  appealed. 

The  authorities  have  suspended  for  a  period  of  3  years  the  case  against  some 
1,080  writers  and  others  for  their  support  for  novelist  Yasar  Kemal.  In  1995  Kemal 
wrote  an  article  entitled  "Black  Sky  Over  Turiiey,"  which  was  published  in  a  Ger- 
man news  magazine  and  later  reprinted  in  Turkey  in  a  book  entitled  "Freedom  of 
Expression,"  in  which  he  ironically  criticized  the  Government  for  its  censorship  re- 
latmg  to  the  Kurdish  question.  His  appeal  continues.  In  March  Ertugrul  Kurkcu 
and  Ayse  Nur  Zarakolu,  respectively  the  translator  and  publisher  of  a  1995  report 
by  the  Human  Rights  Watch  Arms  Project,  "Weapons  Transfers  and  Violations  of 
the  Laws  of  War  in  Turkey,"  were  found  guilty  under  Article  159  of  the  Penal  Code 
of  "defaming  the  state's  security  and  military  forces."  Zarakolu  and  Kurkcu  were 
both  fined  approximately  $12,  while  Kurkcu  received  a  10-month  suspended  sen- 
tence. 

In  December  Sukru  Kazratepe,  mayor  of  Kayseri,  was  sentenced  to  a  year  in  pris- 
on under  law  5816  for  reportedly  insulting  Ataturk,  the  founder  and  first  president 
of  the  Turkish  republic.  He  criticized  his  required  attendance  at  annual  commemo- 
ration ceremonies  on  the  death  of  Ataturk. 

Esber  Yagmurdereli,  a  blind  human  rights  activist  and  respected  lawyer,  was  con- 
victed in  May  of  promoting  Kurdish  separatism  on  the  basis  of  public  assertions 
that  the  ethnic  Kurdish  minority  is  oppressed.  In  October  he  was  remanded  into 
custody  to  begin  serving  a  22-year  sentence,  but  in  November,  a  prosecutor  released 
him  for  a  year  subject  to  renewal  upon  review. 

According  to  press  reports,  a  youth  organization  of  the  True  Path  Party  (DYP)  ap- 
peared to  be  responsible  for  the  May  2  armed  raid  on  the  Istanbul  studios  of  Flash 
TV,  which  the  preceding  day  had  broadcast  live  "phone  in"  accusations  by  alleged 
Mafia  chief  Alaattin  Cakici  that  then-deputy  Prime  Minister  Tansu  Ciller  and  her 
husband  were  involved  in  criminal  activities.  The  temporary  shutdown  of  the  sta- 
tion's Bursa  headquarters  on  May  3  was  conducted  on  behalf  of  the  Wireless  Com- 


1342 

munications  Directorate  of  the  Ministry  of  Transportation,  headed  by  a  Ciller  loyal- 
ist. On  May  7,  the  Radio  and  Television  Supreme  Board  imposed  a  2-day  suspension 
on  the  station  for  broadcasting  "scandalous  remarks"  about  Ciller. 

In  November  Erol  Anar,  a  writer  and  former  HRA  secretary  general  received  a 
suspended  sentence  of  10  months  imprisonment  for  the  publication  of  his  book  "free- 
dom of  thought,"  in  which  he  allegedly  insulted  the  parliament,  government,  and 
security  forces.  In  a  separate  case,  the  Istanbul  SSC  acquitted  Anar  of  violating  the 
Anti-Terror  Law  by  publishing  his  book  'The  History  of  Human  Rights,"  which  re- 
portedly was  critical  of  Turkey. 

In  Jkiay,  with  Refah's  Erbakan  still  Prime  Minister,  the  chief  state  prosecutor,  in 
an  attempt  to  close  down  Refah,  charged  the  party  and  five  of  its  leaders,  including 
Erbakan,  with  attempting  to  undermine  the  secular  nature  of  the  state  based  in 
part  on  public  statements  made  by  the  Refah  leaders.  In  January  1998,  the  court 
closed  the  party  and  banned  six  Refah  leaders,  including  former  Prime  Minister 
Erbakan,  from  political  activity  for  5  years. 

Seven  pro-Kurdish  former  DEP  M.P.'s  and  one  independent  M.P,  convicted  in 
1994  on  charges  ranging  from  disseminating  separatist  propaganda  to  supporting  or 
being  a  member  of  an  armed  band  or  gang,  appealed  their  sentences  in  1995.  The 
15-year  sentences  of  four  of  the  defendants  for  oeing  members  of  a  terrorist  group 
were  upheld.  In  November  the  European  Court  of  Human  Rights  (ECHR)  found 
unanimously  that  the  Government  had  violated  Article  5-3  (excessive  detention  of 
12  to  14  days)  of  the  European  convention  on  human  rights  in  the  case  of  several 
pro-Kurdish  former  DEP  Members  of  Parliament  (M.P.'s)  and  ordered  the  (govern- 
ment to  pay  the  M.P.'s  compensation  and  court  costs.  The  ECHR  did  not  rule  on 
the  M.P.s'  appeal  of  their  convictions  on  charges  of  separatism  and  membership  in 
a  terrorist  organization.  The  Court  overturned  the  sentences  of  the  other  four  in 
1995,  but  they  were  retried  and  found  guilty  in  April  1996  on  the  revised  Article 
8  charges.  In  September  1996  the  Court  iipheld  these  sentences  on  appeal.  These 
four  defendants  also  plan  to  appeal  to  the  European  Commission  of  Human  Rights; 
the  Government  pledged  to  abide  by  its  decision.  In  1996  the  Ankara  SSC  prosecu- 
tor charged  Mehmet  Emin  Sever,  Mahmut  Uyanik,  and  Muzaffer  Demir,  former 
DEP  M.P.'s,  with  assisting  the  PKK,  and  former  CHP  M.P.  Abdulkerim  Zilan  with 
producing  separatist  propaganda.  The  charges  stem  from  a  1991  incident  during 
which  the  accused  publicly  termed  the  parliamentary  swearing-in  oath  as  "racist, 
chauvinistic,  antidemocratic,  and  a  violation  of  human  rights."  Additionally,  during 
the  swearing-in  ceremony  the  three  defendants  wore  handkerchiefs  in  colors  associ- 
ated with  the  PKK.  The  three  left  the  DEP  party  prior  to  its  being  banned  in  1994 
and  remained  in  Parliament  as  independents  until  their  terms  expired  in  1995. 
Until  that  time,  they  had  parliamentary  immunity  and  could  not  be  tried  for  alleged 
offenses.  The  delay  of  a  year  between  the  end  of  the  defendants'  terms  in  Par- 
liament and  the  bringing  of  charges  is  not  considered  unusually  long,  given  the  sen- 
sitive nature  of  the  case.  If  convicted,  they  could  face  prison  terms  ranging  from  4y2 
to  7  years.  Zilan  faces  a  prison  term  of  1  to  3  years.  The  case  continues. 

In  June  the  Ankara  SSC  ruled  against  members  of  the  pro-Kurdish  HADEP,  in- 
cluding party  chairman  Murat  Bozlak,  based  on  an  incident  at  the  party's  1996  con- 
vention in  Ankara,  during  which  the  Turkish  flag  was  torn  down  and  replaced  by 
a  PKK  banner.  The  court  sentenced  Faysal  Akcan,  who  reportedly  took  down  the 
flag,  to  22V2  years  in  prison;  Bozlak  and  party  convention  chairman  Hikmet  Fidan 
eacn  were  sentenced  to  6  years'  imprisonment,  while  29  other  ofllcials  and  party 
members  received  6V2-month  sentences.  The  defendants  plan  to  appeal  the  verdict. 
Of  the  original  defendants,  14  were  acquitted.  The  court  also  found  evidence  linking 
HADEP  to  the  PKK. 

Between  1995  and  1997,  former  independent  M.P.  Hasan  Mezarci  faced  some  10 
charges  for  insulting  modem  Turkey's  founder,  Kemal  Ataturk,  the  military,  the 
Government,  and  the  Parliament.  He  was  acquitted  on  some  of  the  charges,  served 
prison  terms  for  others,  and  now  is  serving  a  10-month  sentence  at  Istanbul's  Metris 
prison  for  insulting  Parliament. 

Kurdish-language  cassettes  and  publications  on  Kurdish  subjects  continued  to  be 
available,  although  periodic  suppression  of  the  media  continued.  The  Kurdish-lan- 
guage weekly,  Azadiya  Welate,  and  some  10  other  publications  were  available  only 
on  an  infrequent  basis.  As  a  result  of  state  intimidation  and  economic  pressure, 
Diyarbakir-based  Can-TV  ended  its  brief  expjeriment  in  Kurdish-language  broadcast- 
ing. Over  the  past  2  years,  Can-TV  has  tested  the  legal  ban  on  broadcasting  in 
Kurdish  by  airing  Kurdish-language  music  clips.  The  station  also  attempted  to 
present  independent  news  programs  on  the  southeast  as  well  as  panel  discussions 
on  regional  problems,  especially  the  Kurdish  issue.  Although  the  news  programs 
were  in  Turkish,  their  content  angered  local  officials:  two  investigations  against 
Can-TV  were  begun  at  the  SSC,  and  the  station  was  threatened  with  closure  by  the 


1343 

Broadcasting  Board.  The  final  action  that  contributed  to  the  end  of  Can-TVs  broad- 
casting came  when  the  station  manager  was  forced  to  sell  many  of  his  shares  in 
the  station  because  of  newly  adopted  antimonopoly  legislation.  Some  potential  cus- 
tomers are  afraid  to  purchase  Kurdish-language  materials  because  possession  of 
such  items  may  be  interpreted  as  evidence  of  PKK  sympathies.  Kurdish-language 
broadcasts  are  still  illegal.  A  group  of  academics,  however,  began  a  series  of  radio 
call-in  programs  to  discuss  problems  and  solutions  in  the  southeast. 

In  December  the  Broadcasting  Board  penalized  a  number  of  private  radio  and  tel- 
evision stations  for  alleged  violations  oi  broadcast  regulations.  Two  Kurdish-based 
radio  stations,  Karacada^a  Radyo  in  Sanliurfa  and  Radio  Arkadas  in  Adana,  were 
among  those  ordered  ofi  the  air  for  temporary  periods.  Both  stations  occasionally 
play  Kurdish  songs  and  have  broadcast  news  reports  (in  Turkish)  critical  of  the  Gov- 
ernment. Karacadaga  Radyo  alleges  that  Sanliurfa  authorities  have  banned  13 
Kurdish  music  cassettes  from  being  broadcast,  thus  reducing  the  list  of  Kurdish 
songs  played  by  Karacadaga  Radyo  to  fewer  than  10.  In  June  privatelv-owned  Metro 
TV  in  Uiyarbaxir  was  ordered  on  the  air  for  30  days  for  inciting  ethnic  hatred  by 
televising  a  panel  discussion  on  democratization  and  the  Kurdish  issue.  Pro-PKK 
Med  TV,  based  in  Belgium  and  England,  broadcasts  via  Intelsat  and  can  be  received 
by  satellite  dish  in  the  southeast. 

In  January  the  Turkish  Industrialists  and  Businessmen's  Association  (TUSIAD) 
issued  a  lengthy  report  with  a  wide  range  of  democratization  recommendations  for 
legislative  and  constitutional  reform.  The  report  stimulated  political  debate;  it  was 
both  commended  and  criticized  extensively  by  many  segments  of  society.  In  April 
a  group  of  Turkish  and  Kurdish  academics,  politicians,  and  intellectuals  initiated 
a  series  of  nationwide  panel  discussions  on  the  Kurdish  problem  and  its  possible  so- 
lutions. Despite  minor  police  attention,  the  group  continued  to  explore  explicitly 
nonviolent  solutions  within  a  democratic  context,  especially  in  the  largely  Kurdish 
southeast.  Academics  continued  to  publish  articles  and  papers  on  the  Kurdish  issue 
without  government  interference.  The  Sanliurfa  branch  of  the  Mesopotamian  Cul- 
tural Center,  a  corporation  established  to  promote  Kurdish  language  and  culture, 
was  banned  in  October  by  the  provincial  governor.  In  Istanbul  the  Governor's  office 
refused  the  Kurdish  Culture  and  Research  Foundation  permission  to  offer  Kurdish 
language  classes. 

In  August  Parliament  passed  legislation  necessary  to  implement  a  1995  constitu- 
tional amendment  permitting  student  and  faculty  associations  and  labor  union  in- 
volvement in  political  activities. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  out  authorities  may  deny  permission  if  they  believe  that  the 
gathering  is  likely  to  disrupt  public  order.  Prior  notification  of  gatherings  is  re- 
quired, and  the  authorities  may  restrict  meetings  to  designated  sites. 

In  May  the  Human  Rights  Association  sought  to  host  in  Ankara  an  international 
conference  on  the  peaceful  settlement  of  the  Kurdish  problem  in  Turkey.  The  An- 
kara provincial  governor  banned  the  conference  on  the  grounds  that  it  risked  pro- 
voking a  climate  of  intolerance  but  permitted  individuals,  including  some  par- 
liamentarians and  former  government  ofiicials,  to  gather  informally. 

According  to  the  HRF,  some  2,000  people  sou^t  to  attend  one  of  the  court  ses- 
sions of  the  Metin  Goktepe  trial  (see  Section  l.a.);  however,  due  to  the  physical  limi- 
tations of  the  court,  many  were  unable  to  be  admitted.  Subsequently,  around  100 
of  these  people  were  interrogated  for  staging  an  unauthorized  public  demonstration 
outside  the  court. 

The  Constitution  provides  for  freedom  of  association,  but  associations  and  founda- 
tions must  submit  their  charters  for  government  approval,  a  lengthy  and  cum- 
bersome process. 

c.  Freedom  of  Religion. — The  Constitution  establishes  Turkey  as  a  secular  state 
and  provides  for  freedom  of  belief,  freedom  of  worship,  and  private  dissemination 
of  religious  ideas.  The  Government  generally  observed  these  provisions  in  practice. 
About  99  percent  of  the  population  is  Muslim.  Under  the  law,  religious  services  may 
take  place  only  in  designated  places  of  worship.  Although  Turkey  is  a  secular  state, 
religious  instruction  in  state  schools  is  cornpulsory  for  Muslims.  Upon  written  ver- 
ification of  their  non-Muslim  background,  Lausanne  Treaty  minorities  (Greek,  Ar- 
menian, and  Jewish)  are  exempted  by  law  from  Muslim  religious  instruction,  al- 
though students  who  wish  to  attend  may  do  so  with  parental  consent.  Syriac  Chris- 
tians are  not  exempt  because  they  are  not  an  official  Lausanne  Treaty  minority. 

Tarikats  and  other  mystical  Sunni  Islamic  orders  were  banned  in  the  1920's,  but 
were  largely  tolerated  until  recently.  On  February  28,  the  National  Security  Council 
(NSC),  a  half-military,  half-civilian  body  entrusted  in  part  with  responsibility  "for 
protecting  the  state  against  any  foreign  or  domestic  threat  to  its  interests"  called 


1344 

for  strict  enforcement  of  the  ban  against  Tarikats  as  part  of  its  campaign  against 
Islamic  fundamentalism.  Some  Tarikats,  like  members  of  the  Aczimendi  Brother- 
hood, have  faced  legal  action  for  their  vocal  public  demonstrations. 

At  the  formal  urging  of  the  NSC,  the  Yilmaz  Government  introduced  and  Par- 
liament passed  a  law  that  will  lead  to  the  closure  of  grades  six  through  eight  of  the 
Islamic  imam-Hatip  schools  in  existence  since  1950,  along  with  other  private 
schools.  This  action  will  affect  over  500  state-supported  imam-Hatip  schools.  Under 
the  new  law,  students  will  have  to  wait  until  the  completion  of  their  8  years  in  order 
to  pursue  regular  study  at  the  imam-Hatip  schools.  Although  new  enrollments  in 
those  grades  nave  been  terminated,  children  already  in  those  classes  are  allowed  to 
finish  their  grades.  Amendments  to  administrative  procedures  were  made  that  will 
allow  students  completing  5  years  of  primary  school  to  enroll  in  Koran  classes  on 
weekends  and  summer  vacations.  For  many  weeks  Islamists  staged  protests  against 
the  law  on  the  imam-Hatip  schools  outside  mosques  after  Friday  prayers. 

Turkey's  Alawi  Muslim  minority  (an  offshoot  of  Shi'ite  Islam)  is  estimated  to 
number  at  least  12  million.  There  are,  however,  no  government-salaried  Alawi  reli- 

a'ous  leaders,  in  contrast  to  Sunni  religious  leaders.  In  December,  nonetheless,  the 
avemment  allocated  $15  million  (3  trillion  TL)  to  the  Alawi  community.  Some 
Alawis  allege  discrimination  in  the  form  of  failure  to  include  any  Alawi  doctrines 
or  beliefs  in  religious  instruction  classes.  Alawis  charge  a  Sunni  bias  in  the  Reli- 
gious Affairs  Directorate,  and  claim  that  the  Directorate  tends  to  view  the  Alawis 
as  a  cultural  rather  than  a  religious  group.  Sunni  Islamic  political  activists,  how- 
ever, charge  the  secularist  state  favors,  and  is  under  the  influence  of,  the  Alawis. 

Many  prosecutors  regard  proselytizing  and  religious  activism  on  the  part  of  either 
Islamists  or  evangelical  Christians  with  suspicion,  especially  when  they  deem  such 
activities  to  have  political  overtones.  Since  there  is  no  law  explicitly  prohibiting 
proselytizing,  police  sometimes  arrest  Islamists  or  evangelical  Christians  for  dis- 
turbing the  peace.  Courts  usually  dismiss  such  charges.  If  the  proselytizers  are  for- 
eigners, they  may  be  deported,  but  generally  they  are  able  to  reenter  the  country 
easily. 

Several  human  rights  monitors  complained  that  the  Government  periodically  en- 
forced a  50-year-old  ban  on  the  wearing  of  religious  head  garments  in  government 
offices  and  other  state-run  facilities.  According  to  these  groups,  some  women  wear- 
ing the  hejab — the  scarf  worn  by  Muslim  women — have  lost  their  jobs  in  the  public 
sector  as  nurses  and  teachers.  Mazlum-der,  an  Islamist  human  rights  group,  alleged 
that  the  Turkish  military  dismissed  from  the  service  individuals  whose  official  files 
reflect  Islamist  fundamentalist  tendencies.  One  officer.  Major  Abdul  Muhalib 
Yildirim,  reportedly  committed  suicide  when,  following  his  dismissal  from  the  mili- 
tary for  religious  reasons,  he  was  likewise  banned  from  working  in  the  public  sector. 
In  August  the  armed  forces  dismissed  a  group  of  76  officers  and  soldiers,  many  for 

Brohibited  religious  and  political  activities.  Earlier,  in  July  the  European  Court  of 
[uman  Rights  ruled  against  a  former  army  captain  who  had  been  separated  alleg- 
edly for  inappropriate  religious  activities. 

Most  religious  minorities  are  concentrated  in  Istanbul.  The  number  of  Christians 
in  the  southeast  has  been  declining  as  the  younger  Syriac  generation  leaves  for  Eu- 
rope and  North  America.  Minority  religions  not  recognized  under  the  Lausanne 
Treaty  may  not  acquire  additional  property  for  churches.  The  Catholic  Church  in 
Ankara,  for  example,  is  confined  to  diplomatic  property.  The  Office  of  Foundations 
(Vakiflar  Genel  Mudurlugu)  must  approve  the  operation  of  churches,  monasteries, 
synagogues,  schools,  and  charitable  religious  foundations,  such  as  hospitals  and  or- 
phanages. Restoration  or  construction  may  also  be  carried  out  in  buildings  and 
monuments  considered  to  be  "antique"  with  authorization  by  the  Regional  Board  on 
the  Protection  of  Cultural  and  National  Wealth.  The  Armenian  Orthodox  Church 
was  granted  permission  to  restore  properties  and  construct  a  new  church  in  Hatay 
province.  The  Syriac  Church,  however,  on  the  grounds  that  it  lacks  proper  author- 
ization from  the  Regional  Board,  the  Education  Ministry,  and  security  forces,  was 
ordered  to  halt  restoration  efforts  to  its  monasteries  in  the  southeast,  to  terminate 
its  Aramaic  language  classes,  and  to  end  the  housing  of  students  and  other  visitors 
on  church-owned  property.  Church  and  government  officials  continued  to  meet  to  re- 
solve the  issue. 

The  authorities  monitor  the  activities  of  Eastern  Orthodox  Churches  and  their  af- 
filiated operations.  The  Ecumenical  Patriarchate  in  Istanbul  has  consistently  ex- 
Kressed  interest  in  reopening  the  seminary  on  the  Island  of  Halki  in  the  Sea  of 
larmara.  The  seminary  has  been  closed  since  1971  when  the  State  nationalized 
most  private  institutions  of  higher  learning.  Under  current  restrictions,  including  a 
citizenship  requirement,  religious  communities  remain  unable  to  train  new  clergy 
for  eventual  leadership. 


1345 

Bureaucratic  procedures  relating  to  historic  preservation  impede  repairs  to  some 
religious  facilities.  Under  the  law,  religious  buildings  that  become  "extinct"  (because 
of  prolonged  absence  of  clergy  or  lay  persons  to  staff  local  religious  councils  or  for 
lack  of  adherents)  revert  to  government  possession.  Some  non-Muslim  minorities, 
particularly  the  Greek  Orthodox  community  and,  to  a  lesser  extent,  the  Jewish  com- 
munity, the  Armenian  Orthodox  community,  and  the  shrinking  Syriac  Christian 
community  are  faced  with  the  danger  of  losing  some  of  their  houses  of  worship. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Em.igration,  and  Re- 
patriation.— Citizens  generally  enjoy  freedom  of  movement  domestically  and  the 
freedom  to  travel  abroad.  The  Constitution  provides  that  a  citizen's  freedom  to  leave 
may  be  restricted  only  in  the  case  of  a  national  emergency,  civic  obligations  (mili- 
tary service,  for  example),  or  criminal  investigation  or  prosecution. 

Travel  to  parts  of  the  southeast  is  restricted  periodically  for  security  reasons. 
Roadblocks,  set  up  by  both  security  forces  and  the  PKK,  can  slow  down  travel  in 
the  region. 

The  internal  exile  law  was  repealed  in  1987,  but  in  1990  the  government  granted 
the  southeast  regional  governor  the  authority  to  "remove  from  the  region,"  for  a  pe- 
riod not  to  exceed  the  duration  of  the  state  of  emergency  (now  in  its  12th  year),  citi- 
zens under  his  administration  whose  activities  "give  an  impression  that  they  are 
prone  to  disturb  general  security  and  public  order. '  There  were  no  known  instances 
of  the  use  of  this  oroad  authority  during  the  year. 

When  Turkey  ratified  the  1951  United  Nations  Convention  Relating  to  the  Status 
of  Refugees,  it  exercised  the  option  of  accepting  the  Convention's  obligations  only 
with  respect  to  refugees  from  Europe.  It  has  not  subsequently  lifted  the  geographic 
limitation  of  its  treaty  obligation.  As  a  result,  the  Government  does  not  recognize 
non-European  asylum  seekers  as  refugees  and  requires  that  they  register  with  the 
authorities  within  5  days  of  entering  the  country.  'The  Government  screens  these  ap- 

Blicants,  determines  those  that  it  considers  bona  fide,  and  then  refers  them  to  the 
f.N.  High  Commissioner  for  Refugees  (UNHCR).  It  provides  only  very  limited  first 
asylum  opportunities  designed  to  allow  non-European  applicants  time  to  be  proc- 
essed for  onward  resettlement.  A  negative  decision  usually  leads  to  immediate  ex- 
pulsion. Early  in  the  year,  the  Government  began  more  strictly  enforcing  its  asylum 
regulations.  The  UNHCR  reported  that  in  February  and  March,  70  Iranian  refugees 
who  had  not  registered  with  the  Government  were  deported  to  northern  Iraq  even 
though  UNHCR  had  determined  that  they  were  in  need  of  international  protection 
and  had  arranged  for  third  country  resettlement.  There  were  additional  reports  of 
similar  deportations  throughout  the  first  half  of  the  year. 

At  the  end  of  June,  however,  an  Ankara  court  overruled  a  Ministry  of  Interior 
Order  to  deport  an  Iranian  asylum  seeker  who  had  not  been  in  compliance  with  the 
5-day  rule  because  she  had  already  been  accepted  for  resettlement  in  the  U.S.  The 
court  based  its  decision  on  Article  31  of  the  Geneva  Convention  which  prohibits  the 
deportation  of  a  person  who  has  already  been  accepted  as  a  refugee  by  a  third  coun- 
try. 

In  July,  after  lengthy  discussions  with  UNHCR,  the  Government  agreed  to  help 
resolve  the  status  of  the  approximately  3,300  "illegal"  asylum  seekers  then  reg- 
istered with  UNHCR  who  had  not  registered  with  Turkish  authorities.  According  to 
the  terms  of  this  agreement,  individuals  would  be  eligible  for  legalization  if  UNHCR 
determined  that  they  had  legitimate  claims  to  refugee  status  and  UNHCR  referred 
them  for  third-country  resettlement  by  April  1998.  UNHCR  reports  that  as  of  the 
end  of  1997,  the  Government  is  implementing  the  amnesty  decision  as  intended. 

In  the  first  half  of  the  year,  there  were  also  increasing  reports  of  Iraqi  and  Ira- 
nian asylum  seekers  being  apprehended  in  border  areas  and  deported  or  refouled 
directly  without  UNHCR  ever  having  the  opportunity  to  examine  their  claims  to  ref- 
ugee status.  Following  discussions  with  UNHCR  on  this  issue,  towards  the  end  of 
the  year,  the  Government  began  to  take  steps  to  address  this  problem.  The  Ministry 
of  Interior  sent  an  ofTicial  circular  to  border  officials  clarifying  that  any  individual 
who  presents  him/herself  to  a  border  official  requesting  asylum  must  have  the  op- 
portunity to  be  seen  by  UNHCR  before  a  deportation  order  can  be  issued.  UNHCfR 
reported  that  the  number  of  known  sunrmiary  deportations  and  refoulements  de- 
creased significantly  after  the  issuance  of  the  circular.  It  also  reported  that  the  Min- 
istry of  Interior  took  disciplinary  action  against  one  recalcitrant  border  ofilcial  in 
Hakkari  province  who,  in  contravention  with  the  precepts  of  the  circular,  had  sum- 
marily deported  17  asylum  seekers  without  allowing  them  access  to  UNHCR. 

Turkey  continues  to  be  a  major  transit  and  departure  point  for  illegal  migrants 
and  would-be  asylum  seekers  of  various  nationalities  en  route  to  Europe.  Several 
European  governments  reported  that  the  number  of  such  individuals,  especially 
Turkish  and  Iraqi  Kurds,  who  had  arrived  in  their  countries  from  Turkey  increased 
dramatically  in  1997.  While  many  traveled  in  small  groups  utilizing  land  routes 


1346 

across  the  Turkish-Greek  border,  increasing  numbers  departed  via  boat  and  ship. 
There  were  several  tragic  cases  of  overloaded  small  boats  sinking  in  the  Aegean,  re- 
sulting in  dozens  of  drownings.  There  were  also,  at  the  end  of  1997,  a  number  of 
high  profile  cases  where  large  vessels,  carrying  hundreds  of  people  each,  arrived  in 
Italy  after  having  departed  from  Turkish  ports.  In  the  wake  of  those  high  profile 
cases,  and  in  response  to  European  calls  that  it  take  action  to  stem  the  flow,  the 
Government  began  cracking  down  on  the  smuggling  rin^s  who  had  organized  the 
mass  departures  and  began  rounding  up  hun(&eds  of  illegal  aliens  in  Istanbul, 
many  of  whom  were  deported. 

The  Government  declined  numerous  offers  from  the  UNHCR  to  assist  in  establish- 
ing reception  centers  for  undocumented  asylum  seekers  in  border  areas.  The  offer 
included  funding  and  training  for  officers  conducting  interviews. 

Due  to  the  cessation  of  fighting  in  the  former  Yugoslavia,  the  number  of  Bosnian 
refugees  living  in  Turkey  decreased  significantly.  According  to  the  Government,  760 
Bosnians  were  granted  residence  permits  during  the  year,  and  only  341  remain  in 
temporary  status,  down  from  a  peak  of  15,000  to  20,000  in  the  early  1990's.  As 
"guests"  there  is  no  restriction  on  the  period  that  they  are  allowed  to  remain.  They 
are  not  allowed  to  work  or  attend  school;  however,  most  do. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
The  Constitution  provides  citizens  with  the  right  to  change  their  government 

f)eacefully,  and  citizens  exercise  this  right  in  practice.  Turkey  has  a  multiparty  par- 
iamentary  system,  in  which  national  elections  are  held  at  least  every  5  years  on 
the  basis  of  mandatory  universal  sufTrage  for  all  citizens  18  years  of  age  and  over. 
As  of  October,  more  than  30  political  parties  were  active  (most  of  them  minuscule), 
8  of  which  were  represented  in  Parliament.  The  Grand  National  Assembly  (Par- 
liament) elects  the  President  as  head  of  state  every  7  years  or  when  the  incumbent 
becomes  incapacitated  or  dies. 

In  June  the  Refah/DYP  coalition,  the  country's  first  Islamist-led  Government,  re- 
signed after  an  intense  private  and  public  campaign  of  pressure  led  by  the  armed 
forces  with  significant  support  from  several  segments  of  civil  society  including  some 

f)olitical  parties,  the  media,  labor  unions,  and  NGO  groups.  The  military  declared 
undamentalism  Turkey's  number  one  threat  and  held  "seminars"  on  the  fundamen- 
talist threat;  the  NSC  presented  the  Erbakan  Government  with  an  18-point  pro- 
gram against  Islamist  activity;  political  parties  introduced  in  Parliament  several  un- 
successlul  motions  of  no-confidence;  unions  and  NGO's  marched  in  protest  against 
the  antisecular  policies  of  the  Government.  On  June  12,  the  Ministry  of  Foreign  Af- 
fairs Information  Bureau  reported  that  "the  Presidency  of  the  TGS  announced  that 
it  would  use  weapons,  if  necessary,  in  the  struggle  against  fundamentalism  trying 
to  destroy  the  Turkish  Republic."  In  public  statements,  some  Refah  politicians  af- 
firmed a  commitment  to  an  Islamist,  antisecular  program.  In  one  incident,  Refah 
politicians  called  for  support  for  a  Middle  Eastern  terrorist  organization. 

The  Government  neither  coerces  nor  forbids  membership  in  any  political  organiza- 
tion, although  the  Constitutional  Court  may  close  down  political  parties  for  uncon- 
stitutional activities.  In  January  1998  the  Supreme  Court  banned  the  Islamist 
Refah  party.  In  January  Serafettin  Elci,  a  former  minister  and  CHP  M.P.,  who  is 
an  ethnic  Kurd,  founded  the  Democratic  Mass  Party  (DKP).  In  June  charges  were 
filed  against  the  party  on  the  grounds  that  its  platform  in  defense  of  Kurdish  rights 
violated  provisions  of  the  Constitution  and  the  Political  Party  Law. 

There  are  no  legal  restrictions  against  women  or  minorities  voting  or  participating 
in  politics.  The  Constitution  calls  for  equal  political  rights  for  men  and  women. 
There  were  13  women  in  the  550-seat  Parliament  and  2  female  ministers  in  a  39- 
member  cabinet  in  the  Yilmaz  Government.  Women's  committees  are  active  in  polit- 
ical party  organizations. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  nongovernmental  Human  Rights  Association  has  branches  in  50  provincial 
capitals.  The  HRA  claims  a  membership  of  about  17,000.  In  1990  the  HRA  estab- 
lisned  the  Human  Rights  Foundation,  which  operates  torture  rehabilitation  centers 
in  Ankara,  Izmir,  Istanbul,  and  Adana  and  serves  as  a  clearinghouse  for  human 
rights  information.  Other  domestic  NGO's  include  the  Istanbul-based  Helsinki  Citi- 
zens Assembly,  the  Ankara-based  Turkish  Democracy  Foundation,  human  rights 
centers  at  a  number  of  universities,  and  the  Islamist-oriented  Mazlum  Der,  the  Or- 
ganization of  Human  Rights  and  Solidarity  for  Oppressed  Peoples. 

The  Mcrsin  Migrants'  Association,  an  organization  founded  oy  ethnic  Kurds  to  as- 
sist displaced  Kurdish  migrants,  is  the  first  NGO  of  its  kind  in  the  southeast.  The 


1347 

Association  assisted  thousands  of  Kurdish  mijgrants  who  fled  villages  in  southeast 
Turkey  to  the  southern  port  city  of  Mersin.  The  Association  provides  medical  and 
legal  services  to  migrant  families,  negotiates  wage  contracts  for  migrant  laborers, 
and  serves  as  an  ombudsman  for  Kurdish  migrants  with  the  Government. 

Senior  government  leaders  met  with  representatives  of  major  international  NGO's 
during  the  year.  Prime  Minister  Yilmaz,  Deputy  Prime  Minister  Ecevit,  and  other 
senior  leaders  met  with  a  CPJ  delegation.  The  Deputy  Chief  of  the  General  Staff 
met  with  NGO  human  rights  representatives  in  July. 

In  September  the  Government  lifted  a  ban  on  travel  to  Turkey  that  it  had  im- 

fiosed  on  certain  German  critics  of  Turkey's  human  rights  record.  However,  Amnesty 
ntemational's  foreign  expert  on  Turkey  is  still  banned  from  the  country. 

Despite  the  Government's  outreach  to  the  NGO  community,  local-level  govern- 
ment agents,  some  as  senior  as  provincial  governors,  harassed  human  rights  mon- 
itors as  well  as  lawyers  and  dortors  involved  in  documenting  human  ridits  viola- 
tions. HRA  branches  were  particularly  hard  hit,  in  most  cases  allegedly  for  posses- 
sion of  "illegal  publications.  In  October  HRA  Chairman  Akin  Birdal  and  two  other 
human  rights  monitors  were  found  guilty  of  inciting  ethnic  hatred  based  on  a  speech 
Birdal  gave  during  World  Peace  Day  in  1996.  In  December  Birdal  was  acquitted  of 
the  same  charge  relating  to  his  participation  in  the  pro-Kurdish  "Musa  Anter  peace 
train"  demonstrations. 

Eleven  HRA  board  members,  including  Chairman  Akin  Birdal,  faced  charges  of 
disseminating  separatist  propaganda  and  inciting  racist  and  ethnic  enmity  in  the 
Ankara  SSC  Tor  comments  and  speeches  they  made  condemning  human  rights  viola- 
tions in  Turkey  during  events  organized  by  the  HRA  in  1996  to  commemorate 
Human  Rights  Week.  Tne  prosecutor  in  this  case  asked  the  courts  to  order  the  clo- 
sure of  HKA  because  of  its  alleged  failure  to  operate  within  the  limits  proscribed 
by  the  Law  on  Associations.  A  closure  order  would  put  an  end  to  the  work  of  more 
than  50  branches.  The  HRA  branch  in  Diyarbakir  was  closed  for  an  indefinite  period 
by  court  order  in  May  for  activities  that  threaten  the  integrity  of  the  state;  it  re- 
mains closed.  Human  rights  monitors  believe  that  the  branch  was  targeted  in  part 
for  its  work  in  preparing  several  cases  for  consideration  by  the  European  Commis- 
sion on  Human  Rights.  HRA  branches  in  Sanliurfa  and  Mardin  were  shut  down  in 
June  and  August  and  remain  closed.  In  December  a  local  court  extended  the  provin- 
cial governors  initial  6-month  closure  of  the  Sanilurfa  Branch  to  closure  for  an  "in- 
definite" period.  The  local  governor  closed  the  HRA  branch  in  Malatya  in  June  but 
allowed  it  to  reopen  in  July.  The  Konya,  Izmir,  and  Balikesir  HRA  branches  were 
closed  down  for  aoout  a  month  during  the  year  by  the  authorities. 

In  May  Adana  HRF  president  Mustafa  Cinkilic  won  acquittal  on  charges  of  oper- 
ating an  unlawful  health  center.  In  the  same  case,  however.  Dr.  Tufan  Kose,  who 
oj)erates  the  HRF's  center  for  the  treatment  of  torture  victims,  was  convicted  and 
fined  for  refusing  to  reveal  the  names  and  records  of  167  alleged  torture  victims  to 
the  authorities.  Similar  charges  had  been  leveled  unsuccessfully  against  the  opera- 
tors of  the  other  HRF  torture  treatment  centers  in  Izmir,  Ankara,  and  Istanbul. 

In  the  spring,  Yavuz  Onen,  President  of  the  HRF,  Akin  Birdal  and  Ufuk  Uras  of 
the  left-of-center  Freedom  and  Democracy  Party,  and  Ahmet  Turk  from  HADEP 
were  charged  with  holding  an  authorized  demonstration.  They  were  protesting  the 
Susurluk  incident.  The  trial  was  ongoing  at  year's  end. 

Dr.  Sej^ettin  Kizilkan,  former  president  of  the  southeast  chamber  of  doctors  and 
director  of  Diyarbakir's  largest  state  hospital,  remains  free  pending  the  outcome  of 
his  appeal.  In  1996  Kizilkan  was  convicted  and  sentenced  to  a  3-year,  9-month  pris- 
on term  after  police  allegedly  found  bomb  materials  and  PKK  documents  in  his 
home.  Dr.  Kizilkan  and  his  associates  maintain  that  the  police  planted  the  evidence. 

The  trial  of  seven  members  of  the  Diyarbakir  branch  of  the  HRA  who  were  ac- 
cused of  aiding  the  PKK  continues  at  the  Diyarbakir  SSC.  The  trial,  which  began 
in  1995,  focuses  mainly  on  the  publication  of  the  booklet  "Emergency  Situation — 
1992."  All  seven  remain  free  pending  a  verdict. 

In  September  the  police  detained  and  beat  Turkish  and  foreign  participants  in  the 
"Musa  Anter  peace  train"  who  sought  to  enter  Diyarbakir  to  demonstrate  for  a 
peaceful  resolution  of  the  conflict  in  the  southeast.  Legal  proceedings  were  brought 
against  some  of  the  local  organizers.  The  train  itself,  which  was  to  travel  from  Brus- 
sels to  Diyarbakir,  was  barred  from  departing  for  Turkey  by  various  European  gov- 
ernments. In  Istanbul  police  violently  broke  up  attempts  by  organizers  of  the  peace 
train  to  arrange  a  press  conference.  Many  of  the  participants  were  injured  and  two 
were  hospitalized.  Europeans  detained  were  deported,  and  one  Istanoul-based  for- 
eign diplomat  was  detained  briefly,  even  after  his  identity  had  been  ascertained. 

The  State  Minister  for  Human  Rights,  as  chair  of  the  High  Council  for  Human 
Rights,  invited  leaders  of  the  human  rights  NGO  community  to  participate  in  a  ses- 
sion of  the  Council  in  August.  In  order  to  broaden  its  research  and  outreach  efforts 


1348 

beyond  Ankara,  the  High  Council  convened  in  several  cities.  Since  1991  Parliament 
has  convened  a  Human  Rights  Commission.  The  Commission  is  authorized  to  over- 
see compliance  with  the  human  rights  provisions  of  domestic  law  and  international 
agreements  to  which  Turkey  is  a  signatory,  investigate  alleged  abuses,  and  prepare 
reports.  During  the  year,  the  Commission  traveled  to  the  southeast  and  investigated 
allegations  of  compulsory  membership  in  the  village  guard  program  in  Lice,  outside 
Diyarbakir. 

Representatives  of  diplomatic  missions  who  wish  to  monitor  human  rights  are  free 
to  speak  with  private  citizens  and  groups  and  other  government  officials.  Security 
police  often  place  such  official  visitors  in  the  southeast  under  visible  surveillance, 
intimidating  those  they  meet. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  proclaims  Turkey  to  be  a  secular  state,  regards  all  citizens  as 
equal,  and  prohibits  discrimination  on  ethnic,  religious,  or  racial  grounds.  Discrimi- 
nation nevertheless  remains  a  problem  in  several  areas.  The  Government  ofiicially 
recognizes  only  those  religious  minorities  mentioned  in  the  Treaty  of  Lausanne 
(1923),  which  protects  the  rights  of  Eastern  Orthodox,  Armenian  Apostolic,  and  Jew- 
ish adherents. 

Particularly  since  the  resignation  of  the  Erbakan  government  in  June,  free  and 
lively  political  debate  has  taken  place  over  the  role  of  state  institutions,  including 
the  military,  in  safeguarding  the  proper  balance  between  the  protection  of  secular 
democracy  from  religious  fanaticism  and  the  protection  of  freedom  of  religion. 

Women. — Spousal  abuse  is  serious  and  widespread.  Parliament  passed  legislation 
in  January  1998  making  spousal  abuse  illegal.  Nevertheless,  spousal  abuse  is  still 
considered  an  extremely  private  matter,  involving  societal  notions  of  family  honor. 
Few  women  go  to  the  police,  who  in  any  case  are  reluctant  to  intervene  in  domestic 
disputes  and  frequently  advise  women  to  return  to  their  husbands.  Turks  of  either 
sex  may  file  civil  or  criminal  charges  but  rarely  do  so.  Laws  and  ingrained  societal 
notions  make  it  difficult  to  prosecute  sexual  assault  or  rape  cases.  Penalties  may 
legally  be  reduced  if  a  woman  was  not  a  virgin  prior  to  a  rape,  or  if  a  judge  deems 
the  woman  to  have  acted  provocatively.  "Honor  murders" — the  killing  by  immediate 
family  members  of  women  who  are  suspected  of  being  unchaste — continue  in  rural 
areas  or  among  recent  immigrants  to  cities.  The  traditional  practice  of  "virginity 
testing"  continues  as  well  among  the  same  groups. 

According  to  the  Family  Research  Institute  in  the  Prime  Minister's  Oflice,  beating 
is  one  of  the  most  frequent  forms  of  violence  against  women  in  the  home.  Data  were 
not  available  for  1997,  but  in  the  past  the  Institute  has  noted  complaints  of  beat- 
ings, threats,  economic  pressure,  and  sexual  violence.  In  a  survey  of  12  provinces, 
physical  abuse  reportedly,  occurred  in  rou^ly  30  percent  of  families.  There  are  sev- 
eral shelters  for  battered  women,  and  at  least  two  consultation  centers — Istanbul's 
Purple  Roof  foundation  and  Ankara's  Altindag  Center  city  shelter. 

In  May  Parliament  amended  the  Civil  Code  to  permit  married  women  to  retain 
their  maiden  names,  should  they  so  desire.  The  Civil  Code  prohibits  granting  gen- 
der-based privileges  or  rights  but  retains  some  discriminatory  provisions  concerning 
marital  rights  and  obligations.  Because  the  husband  is  the  legal  head  of  household, 
he  is  authorized  to  choose  the  domicile  and  represents  the  conjugal  unit.  As  parents, 
husband  and  wife  exercise  joint  child  rearing  rights,  but  when  they  disagree,  the 
husband's  view  often  prevails.  Women's  groups  have  lobbied  to  change  the  provision 
that  the  husband  is  tne  legal  head  of  household.  A  single  woman  who  gives  birth 
to  a  child  out  of  wedlock  is  not  considered  automatically  to  be  the  legal  guardian 
of  her  child:  a  court  decision  may  be  required.  Divorce  law  requires  that  the  divorc- 
ing spouses  divide  their  property  according  to  property  registered  in  each  spouse's 
name.  Because  in  most  cases  property  is  registerea  in  the  husband's  name,  tnis  can 
create  difficulties  for  women  who  wish  to  divorce.  Under  inheritance  laws,  a  widow 
generally  receives  one-fourth  of  the  estate,  her  children  the  rest. 

The  literacy  rate  for  women  is  approximately  79  percent.  Particularly  in  urban 
areas,  women  continue  to  improve  tneir  position,  including  in  the  professions,  busi- 
ness, and  the  civil  service,  although  they  continue  to  face  discrimination  to  varying 
degrees.  Numerous  women  have  become  lawyers,  diplomats,  doctors,  and  engineers 
since  the  1960's.  Women  make  up  between  43  and  50  percent  of  the  work  force. 
They  generally  receive  equal  pay  for  equal  work  in  the  professions,  business,  and 
civil  service  jobs,  although  a  large  percentage  of  women  employed  in  agriculture  and 
in  the  trade,  restaurant,  and  hotel  sectors  work  as  unpaid  family  help.  Women  may 
take  the  examination  required  to  become  governors  or  subgovernors;  several  have 
been  appointed  subgovernors. 


1349 

Independent  women's  groups  and  women's  rights  associations  exist  and  are  grow- 
ing, increasing  to  over  50  in  the  past  few  years  out  the  concept  of  lobbying  for  wom- 
en's rights  is  still  in  its  infancy.  In  February  close  to  10,000  women  gathered  in 
downtown  Ankara  to  march  and  demonstrate  against  recent  social  policy  initiatives 
of  the  then  Islamist-led  government.  Demonstration  organizers  spoke  forcefully 
against  any  attempt  to  impose  Islamic  Law  (Shari'a)  and  asserted  that  they  would 
not  accept  the  turning  back  of  secularism.  This  message  was  echoed  by  the  crowd, 
composed  of  women  from  across  the  socioeconomic  classes.  In  March  the  Foundation 
for  Solidarity  with  Kurdish  Women  opened  in  Istanbul.  Foundation  president 
Zennes  Baran  stated  that  the  Foundation's  aim  was  to  help  women  solve  their  prob- 
lems. The  opening  party  was  attended  by  Kurdish  women  as  well  as  some  Turkish 
women. 

Children. — The  Government  is  committed  to  furthering  children's  welfare  and 
works  to  expand  opportunities  in  education  and  health,  including  further  reduction 
of  the  infant  mortality  rate.  The  State  Minister  for  Women's  and  Family  Issues 
oversees  implementation  of  the  Government's  programs  for  children.  Government- 
provided  education  for  children  is  mandatory.  In  August  Parliament  passed  an  edu- 
cation reform  bill  that  extended  compulsory  primary  education  from  5  to  8  years, 
or  through  age  14.  Traditional  family  values  in  rural  areas  place  a  greater  emphasis 
on  advanced  education  for  sons  than  for  daughters.  The  new  8-year  compulsory  edu- 
cation requirement  is  expected  to  allow  more  girls  to  continue  their  education. 

Children  have  suffered  greatly  from  the  cycle  of  violence  in  the  southeast.  The  mi- 
gration— forced  or  voluntary — of  many  families,  terrorism  against  teachers,  and 
school  closings  in  the  southeast  have  uprooted  children  and  moved  them  to  cities 
that  are  hard  pressed  to  find  the  resources  to  extend  basic,  mandatory  services  such 
as  schooling.  Many  cities  in  the  southeast  are  operating  schools  on  double  shifts, 
with  as  many  as  100  students  per  classroom  (see  Section  l.g.).  The  Government  is 
establishing  regional  boarding  schools  to  help  combat  this  problem,  but  these  are 
insufficient.  In  practice,  in  rural  Anatolia  and  the  southeast,  the  literacy  rate  for 
girls  is  very  low,  and  many  do  not  complete  primary  school.  The  literacy  rate  for 
boys,  most  of  whom  complete  primary  school,  is  higher.  Some  continue  on  to  high 
school,  for  which  they  generally  must  travel  or  live  away  from  home.  Instances  of 
child  beating  and  abuse  are  more  frequently  reported  than  in  previous  years,  ac- 
cording to  women's  groups.  The  increase  likely  is  attributable  to  greater  public 
awareness  of  the  problem. 

People  With  Disabilities. — Legislation  dealing  with  the  disabled  is  piecemeal,  and 
little  legislation  exists  regarding  accessibility  for  the  disabled.  Certain  categories  of 
employers  are  required  to  hire  disabled  persons  as  2  percent  of  their  employee  pool, 
although  there  is  no  penalty  for  failure  to  comply. 

Religious  Minorities. — Jews  and  numerous  Christian  sects  freely  practice  their  re- 
ligions and  report  little  discrimination  in  daily  life.  Extremist  groups  target  minor- 
ity communities  from  time  to  time.  Religious  minority  groups,  like  many  in  the  secu- 
lar political  majority,  fear  the  possibility  of  rising  Islamic  extremism.  Islamist  jour- 
nals also  frequently  publish  anti-Semitic  diatribes.  In  September  efforts  bv  the 
Greek  Orthodox  community  to  promote  environmental  awareness  in  the  Black  Sea 
area  were  met  with  extreme  hostility  by  ultra  rightwing  extremists. 

In  December  a  bomb  was  thrown  onto  the  roof  of  the  Ecumenical  Patriarchate  ca- 
thedral where  it  exploded.  A  patriarchal  deacon  was  severely  injured  and  remains 
hospitalized.  Structural  damage  was  minimal,  although  many  windows  were  broken. 
No  group  has  claimed  responsibility.  To  provide  greater  security,  the  police  have 
built  a  guard  post  by  the  attack  site  manned  24  hours  a  day. 

National  / Racial  / Ethnic  Minorities. — ^The  Constitution  does  not  recognize  the 
Kurds  as  a  national,  racial,  or  ethnic  minority.  There  are  no  legal  barriers  to  ethnic 
Kurds'  participation  in  political  and  economic  affairs,  but  Kurds  who  publicly  or  po- 
litically assert  their  Kurdish  ethnic  identity  risk  harassment  or  prosecution.  Many 
M.P.'s  and  senior  ofiicials  and  professionals  are  ethnic  Kurds.  Kurds  who  are  long- 
term  residents  in  industrialized  cities  in  western  Turkey  have  been  for  the  most 
part  assimilated  into  the  political,  economic,  and  social  life  of  the  nation,  and  much 
intermarriage  has  occurred  over  many  generations.  Kurds  who  are  currently  migrat- 
ing westward  (including  those  displaced  by  the  confiict  in  the  southeast)  bring  with 
them  their  culture  and  village  identity,  but  often  little  education  and  few  skills. 

The  1991  repeal  of  the  law  prohibiting  publications  or  communications  in  Kurdish 
legalized  private  spoken  and  printed  communications  in  Kurdish.  The  use  of  minor- 
ity languages,  including  Kurdish,  in  television  and  radio  broadcasts  by  political  par- 
ties and  in  schools,  is  restricted  by  a  plethora  of  laws  and  even  articles  of  the  Con- 
stitution; these  restrictions  are  arbitrarily  invoked.  Materials  dealing  with  Kurdish 
history,  culture,  and  ethnic  identity  continue  to  be  subject  to  confiscation  and  pros- 


1350 

ecution  under  the  "indivisible  unity  of  the  state"  provisions  of  the  Anti-Terror  Law 
(see  Section  2.a.). 

A  series  of  recent  actions  against  predominantly  Kurdish  organizations  in  the 
southeast  has  convinced  many  in  the  region  that  despite  the  Government's  public 
commitment  to  improve  its  human  rights  record,  the  boundaries  for  cultural  and  po- 
litical expression  are  in  fact  shrinking.  Some  contend  that  official  harassment  of 
Kurdish  groups  in  the  southeast  has  increased. 

The  Mesopotamian  Cultural  Center  (MKM),  a  corporation  established  to  promote 
Kurdish  language  and  culture,  has  branches  in  Adana,  Mersin,  Sanliurfa,  and 
Diyarbakir  in  addition  to  cities  in  western  Turkey.  During  the  latter  part  of  the 
year,  police  pressure  against  MKM  branches  in  Mersin,  Adana,  and  Sanliurfa  in- 
creased significantly.  In  late  October,  the  newly-opened  branch  in  Sanliurfa  was 
banned  by  the  provincial  governor.  In  Mersin  the  MKM  was  raided  by  police  on  No- 
vember 2.  During  the  periormance  of  a  Kurdish-language  play  by  a  visiting  theater 
troupe  from  Istanbul,  the  play  was  disrupted,  the  identities  of  all  spectators  were 
checked  and  recorded,  and  12  of  the  actors  were  detained.  Although  all  but  one  of 
the  actors  were  later  released  with  no  charges  filed,  a  court  case  continues  against 
Kemal  Ulusoy  for  making  separatist  propaganda.  Ulusoy  was  released  from  prison 
in  December. 

In  Adana  police  raided  the  MKM  on  December  21  as  a  visiting  musical  group  was 
performing  a  concert  of  Kurdish  music.  (Kurdish  music  concerts  are  not  illegal.)  One 
hundred  spectators  inside  the  concert  room  and  another  100  to  200  waiting  outside 
were  photographed,  asked  for  their  identity  cards,  and  ordered  to  leave  the  prem- 
ises. The  building  was  then  sealed  off  by  police,  and  the  MKM  director  and  the  mu- 
sicians were  taken  into  custody.  All  were  released  within  24  hours,  and  no  charges 
were  filed.  When  MKM  leaders  attempted  to  hold  a  press  conference  the  following 
week  to  publicize  the  incident,  police  prevented  newsmen  from  approaching  the 
MKM  building. 

In  Sanliurfa  the  MKM  opened  its  newest  branch  to  a  crowd  of  several  thousand 
people  on  October  25.  Within  2  days,  police  had  blockaded  the  MKM  building  and 
prevented  the  previously-announced  performance  of  a  Kurdish-language  play.  Based 
on  the  recommendation  of  the  Sanliurfa  security  director,  the  provincial  governor 
subsequently  closed  down  the  MKM  for  an  indefinite  period.  All  three  MKM 
branches  report  that  they  have  been  prevented  from  selling  Kurdish-language  music 
cassettes  and  warned  against  organizing  more  cultural  events. 

The  Ministry  of  Education  tightly  controls  the  curriculum  in  foreign-language 
schools.  Many  Greek-origin  students  report  difficulty  in  continuing  their  education 
in  Turkey  and  go  to  Greece,  often  never  to  return. 

The  Romani  population  is  extremely  small,  and  there  were  no  reported  incidents 
of  public  or  government  harassment  directed  against  them. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  have  the  right  to  associate  freely  and  form 
representative  unions,  except  police  and  military  personnel.  In  June  Parliament 
passed  implementing  legislation  for  the  1995  constitutional  amendments  that  gave 
civil  servants,  including  schoolteachers,  the  right  to  form  legally  recognized  unions. 
(Even  prior  to  passage,  civil  servants'  unions  existed  and  worked  for  legal  recogni- 
tion, collective  bargaining,  and  the  right  to  strike  through  demonstrations  and  1- 
day  work  stoppages.)  In  1995  Parliament  amended  Article  53  of  the  Constitution  to 
permit  civil  servants'  unions  to  bring  cases  to  court  on  behalf  of  members,  carry  out 
collective  talks  with  the  Government  to  pursue  their  objectives,  and  sign  an  under- 
standing with  the  (jovernment  if  agreement  is  reached.  The  amendment  language 
did  not  mention  strikes. 

The  Constitution  stipulates  that  no  one  shall  be  compelled  to  become  or  remain 
a  member  of,  or  withdraw  from,  a  labor  union.  The  law  states  that  unions  and  con- 
federations may  be  founded  without  prior  authorization  based  on  a  petition  to  the 
governor  of  the  province  of  the  prospective  union's  headquarters.  Although  unions 
are  independent  of  the  Government  and  political  parties,  they  must  obtain  official 
permission  to  hold  meetings  or  rallies  and  must  allow  police  to  attend  their  conven- 
tions and  record  the  proceedings.  The  Constitution  requires  candidates  for  union  of- 
fice to  have  worked  10  years  in  the  industry  represented  by  the  union.  Slightly  over 
12  percent  of  the  total  civilian  labor  force  (15  years  old  and  above)  is  unionized. 
There  are  three  confederations  of  labor  unions:  the  Turkish  Confederation  of  Work- 
ers Unions  (Turk-Is),  the  Confederation  of  Turkish  Real  Trade  Unions  (Hak-Is),  and 
the  Confederation  of  Revolutionary  Workers  Unions  (DISK).  Unions  and  their  offi- 
cers have  a  statutory  right  to  express  views  on  issues  directly  affecting  members' 
economic  and  social  interests. 


1351 

Prosecutors  may  ask  labor  courts  to  order  a  trade  union  or  confederation  to  sus- 
pend its  activities  or  to  go  into  liquidation  for  serious  infractions,  based  on  alleged 
violation  of  specific  legal  norms.  The  Government,  however,  may  not  summarily  dis- 
solve a  union. 

The  constitutional  right  to  strike  is  partially  restricted.  For  example,  workers  en- 
gaged in  the  protection  of  life  and  property  and  those  in  the  mining  and  petroleum 
industries,  sanitation  services,  national  defense,  and  education  do  not  have  the  right 
to  strike. 

Collective  bargaining  is  required  before  a  strike.  The  law  specifies  the  steps  that 
a  union  must  take  before  it  may  strike  or  before  an  employer  may  engage  in  a  lock- 
out. Nonbinding  mediation  is  the  last  of  those  steps.  A  party  that  mils  to  comply 
with  these  steps  forfeits  its  rights.  The  employer  may  respond  to  a  strike  with  a 
lockout  but  is  prohibited  from  hiring  strikebreakers  or  using  administrative  person- 
nel to  perform  jobs  normally  done  by  strikers.  Article  42  of  Law  2822,  governing  col- 
lective bargaining,  strikes,  and  lockouts,  prohibits  the  employer  from  terminating 
workers  who  encourage  or  participate  in  a  legal  strike.  Unions  are  forbidden  to  en- 
gage in  secondary  (solidarity),  political  or  general  strikes,  or  in  slowdowns.  In  sec- 
tors in  which  strikes  are  prohibited,  disputes  are  resolved  through  binding  arbitra- 
tion. 

The  Government  has  the  statutory  power  under  Law  2822  to  suspend  strikes  for 
60  days  for  reasons  of  national  security  or  public  health  and  safety.  Unions  may  pe- 
tition the  Council  of  State  to  lift  such  a  suspension.  If  this  appeal  fails,  and  the  par- 
ties and  mediators  still  fail  to  resolve  the  dispute,  it  is  subject  to  compulsory  arbi- 
tration at  the  end  of  the  60-day  period.  The  International  Labor  Organization's 
(ILO)  Committee  of  Experts  and  the  Committee  on  the  Application  of  Standards  re- 
gard the  Government's  application  of  the  law  as  too  broad  and  have  called  on  the 
Government  to  limit  the  application  of  the  law  and  recourse  to  compulsory  arbitra- 
tion to  essential  services  in  the  strict  sense  of  the  term.  The  Government  asserts 
that  the  law  does  not  contradict  the  Committees'  principles. 

During  the  first  7  months  of  1997,  there  were  37  strikes  involving  6,738  workers, 
which  resulted  in  approximately  158,670  lost  work  days.  During  the  same  period 
there  were  no  lockouts.  No  strikes  or  strike  decisions  were  suspended  by  the  first, 
second,  or  third  coalition  governments  since  their  formation  following  the  December 
24,  1995,  general  elections. 

Some  labor  union  members  faced  government  limits  on  freedom  of  speech  and  as- 
sembly (see  Sections  2. a.  and  2.b.),  while  some  civil  service  organizations  continued 
to  demonstrate  for  the  right  to  strike  and  for  higher  salaries.  In  response  to  these 
protests,  the  Ankara  public  prosecutor's  ofiice  initiated  two  separate  court  cases 
against  Turk-Is  in  1995,  charging  that  two  demonstrations  held  by  Turk-Is  in  An- 
kara that  year  to  protest  the  deadlock  in  collective  bargaining  negotiations  were  ille- 
fal.  In  the  first  case,  the  public  prosecutor  demanded  prison  terms  for  the  Turk- 
s  officials  of  a  minimum  of  6  months.  In  the  second  case,  the  prosecutor's  office  ac- 
cused Turk-Is  management  of  violating  the  associations  law  wnen  it  announced  its 
support  for  opposition  parties  before  the  1995  general  elections.  The  trials  began  in 
the  Ankara  court  of  first  instance  in  1996.  The  Turic-Is  president  stated  in  his  de- 
fense that  he  and  other  ofiicials  actually  calmed  down  the  workers  during  the  dem- 
onstrations. Judicial  officials  postponed  the  trials  to  a  later  date  to  hear  the  testi- 
mony of  other  Turk -is  officials  who  were  not  present  at  the  first  trial.  The  cases  are 
penaing. 

With  government  approval,  unions  may  and  do  form  or  join  confederations  and 
international  labor  bodies,  as  long  as  these  organizations  are  not  hostile  to  Turkey 
or  to  freedom  of  religion  or  belief  The  International  Confederation  of  Free  Trade 
Unions  (ICFTU)  approved  DISK  as  an  affiliate  in  1992;  Hak-Is  became  a  member 
in  December. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — All  industrial  workers  have 
the  right  to  organize  and  bargain  collectively,  and  most  industrial  activity  and  some 
public  sector  agricultural  activities  are  organized.  The  law  requires  that,  in  order 
to  become  a  bargaining  agent,  a  union  must  represent  not  only  50  percent  plus  one 
of  the  employees  at  agiven  work  site,  but  also  10  percent  of  all  the  workers  in  that 
particular  industry.  This  10  percent  barrier  has  the  effect  of  favoring  established 
unions,  particularly  those  afilliated  with  Turk-Is,  the  confederation  that  represents 
nearly  80  percent  of  organized  labor. 

The  ILO  has  called  on  Turkey  to  rescind  this  10  percent  rule.  Both  Turk-Is  and 
the  Turkish  employers'  organization  favor  retention  of  the  rule,  however.  In  1994 
the  Government  informed  the  ILO  Committee  on  the  Application  of  Standards  that 
the  Ministry  of  Labor  and  Social  Security  proposed  to  remove  the  10  percent  numer- 
ical restriction  and  that  it  had  communicated  its  proposal  to  the  social  partners.  The 


45-909    98-44 


1352 

ILXD  took  note  of  the  Government's  statement  that  it  continued  to  study  removal  of 
this  reauirement  despite  objections  from  employer  and  worker  organizations. 

The  law  on  trade  unions  stipulates  that  an  employer  may  not  dismiss  a  labor 
union  representative  without  rightful  cause.  The  union  member  may  appeal  such  a 
dismissal  to  the  courts,  and  if  the  ruling  is  in  the  union  member's  favor,  the  em- 
ployer must  reinstate  him  and  pay  all  back  benefits  and  salary.  These  laws  are  gen- 
erally applied  in  practice. 

In  January  Turk-Is,  the  largest  trade  union  confederation,  organized  thousands 
of  workers  from  all  over  the  country  in  a  mass  protest  demonstration.  Organizers, 
supported  by  several  political  parties  and  NGO's,  calling  the  event  a  "struggle  for 
democracy,"  conveyed  their  demands  for  higher  wages,  ending  widespread  corrup- 
tion in  government,  controlling  inflation  and  unemployment,  and  allowing  civil  serv- 
ants the  right  to  strike  and  the  ri^t  to  collective  bargaining. 

In  December  DISK  organized  a  9-day  protest  march  to  press  for  union  rights. 
After  completing  the  peaceful  march,,  wnich  was  supported  by  several  political  par- 
ties, labor  unions,  and  other  NGO's,  DISK  representatives  presented  their  demands 
to  the  Government.  The  march  elicited  sympathy  from  top  government  leaders,  but 
labor  continues  to  warn  that  labor  peace  is  fragile.  In  December  tens  of  thousands 
of  public  sector  employees,  members  of  the  Confederation  of  Public  Workers'  Union 
(KESK),  went  on  strike  to  protest  the  Government's  30  percent  salary  increase. 
They  also  demanded  the  right  to  strike  and  to  engage  in  collective  bargaining  en- 
joyed by  their  private  sector  colleagues. 

A  law  enacted  in  1984  provides  for  the  establishment  of  free  trade  zones,  which 
are  intended  to  attract  domestic  and  especially  foreign  investment  and  to  promote 
international  trade.  There  are  nine  such  zones  operating  in  Mersin,  Antalya,  the  Ae- 
gean region,  Trabzon,  Istanbul(2),  Eastern  Anatolia,  N^rdin,  and  Rize.  Union  orga- 
nizing and  collective  bargaining  are  permitted  in  the  zones,  but  the  right  to  strike 
is  suspended  for  the  first  10  years  of  operation.  In  the  meantime,  labor  disputes  that 
cannot  be  settled  by  the  parties  themselves  are  subject  to  compulsory  arbitration. 
Workers  inside  the  zones  are  paid  in  foreign  exchange  rather  than  Turkish  cur- 
rency, giving  them  a  hedge  against  inflation. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  and  statutes  pro- 
hibit compulsory  labor,  including  that  performed  by  children.  The  laws  are  enforced. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Con- 
stitution and  labor  laws  forbid  employment  of  children  younger  than  age  15,  with 
the  exception  that  those  13  and  14  years  of  age  may  engage  in  light,  part-time  work 
if  enrolled  in  school  or  vocational  training.  The  Constitution  also  prohibits  children 
from  engaging  in  physically  demanding  jobs  such  as  underground  mining  and  from 
working  at  night.  The  Ministry  of  Labor  effectively  enforces  these  laws  only  in  the 
organized  industrial  sector. 

In  practice  many  children  work  because  families  need  the  supplementary  income. 
An  informal  system  provides  work  for  young  boys  at  low  wages,  for  example,  in  auto 
repair  shops.  Girls  are  rarely  seen  working  in  public,  but  many  are  kept  out  of 
school  to  work  in  handicrafts,  especially  in  rural  areas.  The  bulk  of  child  labor  oc- 
curs in  rural  areas  and  is  often  associated  with  traditional  family  economic  activity, 
such  as  farming  or  animal  husbandry.  It  is  common  for  entire  families  to  work  to- 
gether to  bring  in  the  crop  during  the  harvest.  The  Government  has  recognized  the 
growing  problem  of  child  labor  and  has  been  working  with  the  ILO  to  discover  its 
dimensions  and  to  determine  solutions.  The  Ministry  of  Labor,  the  Ankara  munici- 
pality, the  Turk-Is  labor  confederation,  and  the  Turkish  Employers  Association  are 
among  the  institutions  participating  in  the  ILO'S  International  Program  on  the 
Elimination  of  Child  Labor  (IPEC),  a  project  to  solve  the  problems  of  working  chil- 
dren. The  Ministry  of  Labor  and  the  ILO  have  jointly  produced  a  study  showing  that 
almost  one-half  (44  percent)  of  the  children  working  are  below  the  age  of  15,  are 
paid  less  than  the  minimum  wage,  and  have  no  insurance.  According  to  a  1996 
study  conducted  by  the  Turk-Is  child  workers  bureau,  for  every  100  workers,  32 
were  between  the  ages  of  6  and  19.  Children  employed  at  work  sites  and  homes  con- 
stitute 5  f>ercent  ofthe  total  working  population  and  were  mostly  employed  in  the 
metal,  shoe,  woodworking,  and  agricultural  sectors.  The  young  workers  employed  on 
a  monthly  or  daily  wage  payment  basis  worked  over  40  hours  a  week,  and  those 
employed  at  home  and  not  receiving  a  wage  payment  worked  less  than  40  hours  per 
week.  The  study  reported  that  56  percent  of  these  workers  were  uninsured.  It  adaed 
that  the  total  number  of  working  young  people  between  the  ages  of  12  and  19  was 
3.5  million  and  that  45  percent  oT  them  were  under  the  age  of  16. 

According  to  the  Ministry  of  Labor,  37  child  labor  inspectors  were  trained  during 
the  year  to  add  to  the  40  already  working.  However,  according  to  Turk-Is,  there  are 
over  600,000  work  sites  and  a  mere  450  regular  inspectors.  A  labeling  system  is 
scheduled  for  implementation  in  1998. 


1353 

The  Constitution  prohibits  compulsory  labor,  including  that  performed  by  chil- 
dren, and  the  laws  are  enforced  (see  Section  6.C.). 

e.  Acceptable  Conditions  of  Work. — The  Labor  Ministry  is  legally  obliged  to  set 
minimum  wages  at  least  every  2  years  through  a  minimum  wage  board,  a  tripartite 
govemment-industry-union  body.  In  recent  years,  it  has  done  so  annually.  In  August 
the  nominal  minimum  wage  was  increasecl  by  approximately  108  percent  over  the 
year  before  (compared  to  annual  inflation  of  over  85  percent).  The  monthly  gross 
minimum  wage  rates,  which  became  effective  on  August  1,  are  approximately  $208 
(Tl  35,437,500)  for  workers  older  than  age  16  and  about  $176  (Tl  29,925,000)  for 
workers  under  age  16. 

It  would  be  difficult  for  a  single  worker,  and  impossible  for  a  family,  to  live  on 
the  minimum  wage  without  support  from  other  sources.  Most  workers  earn  consid- 
erably more.  Woilcers  covered  oy  the  labor  law,  who  constitute  about  one-third  of 
the  total  labor  force,  also  receive  a  hot  meal  or  a  daily  food  allowance  and  other 
fringe  benefits  which,  according  to  the  Turkish  Employers'  Association,  make  basic 
wages  alone  account  for  only  about  37  percent  of  total  compensation. 

The  Labor  law  sets  a  45-hour  workweek,  although  most  unions  have  bargained 
for  fewer  hours.  The  law  prescribes  a  weekly  rest  day  and  limits  the  number  of  over- 
time hours  to  3  a  day  for  up  to  90  days  in  a  year.  The  Labor  Inspectorate  of  the 
Ministry  of  Labor  effectively  enforces  wage  and  hour  provisions  in  the  unionized  in- 
dustrial, service,  and  government  sectors,  which  cover  about  12  percent  of  workers. 

Occupational  health  and  safety  regulations  are  mandated  by  law,  but  the  Govern- 
ment has  not  carried  out  an  effective  inspection  and  enforcement  program.  Law 
1475  sets  out  procedures  under  which  workers  may  remove  themselves  from  hazard- 
ous conditions  without  risking  loss  of  employment.  The  law  also  allows  for  the  shut- 
down of  an  operation  if  a  five-man  committee,  which  includes  safety  inspectors,  em- 
ployee, and  employer  representatives,  determines  that  the  operation  endangers 
workers'  lives.  In  practice,  financial  constraints,  limited  safety  awareness,  careless- 
ness, and  fatalistic  attitudes  result  in  scant  attention  to  occupational  safety  and 
health  by  workers  and  employers  alike. 


TURKMENISTAN 

Turkmenistan,  a  one-party  state  dominated  by  its  President  and  his  closest  advis- 
ers, made  little  progress  in  moving  from  a  Soviet-era  authoritarian  style  of  govern- 
ment to  a  democratic  system.  Saparmurad  Niyazov,  head  of  the  Turkmen  Com- 
munist Party  since  1985  and  President  of  Turkmenistan  since  its  independence  in 
October  1990,  may  legally  remain  in  office  until  2002.  The  Democratic  Party,  the 
renamed  Communist  Party,  retained  a  monopoly  on  power;  the  Government  reg- 
istered no  parties  in  1997  and  continued  to  repress  all  opposition  political  activities. 
Emphasizing  stability  and  gradual  reform,  official  nation-Duilding  efforts  focused  on 
fostering  Turkmen  nationalism  and  glorification  of  President  Niyazov.  In  practice 
the  President  controls  the  judicial  system,  and  the  50-member  unicameral  Par- 
liament (Mejlis)  has  no  genuinely  independent  authority. 

The  Committee  on  National  Security  (KNB)  has  the  responsibilities  formerly  held 
by  the  Soviet  Committee  for  State  Security  (KGB),  namely,  to  ensure  that  the  re- 
gime remains  in  power  through  tight  control  of  society  and  discouragement  of  dis- 
sent. The  Ministry  of  Internal  Affairs  directs  the  criminal  police,  which  works  close- 
ly with  the  KNB  on  matters  of  national  security.  Both  operate  with  relative  impu- 
nity and  have  been  responsible  for  abusing  the  rights  of  individuals  as  well  as  en- 
forcing the  Government  s  policy  of  repressing  political  opposition. 

Turkmenistan  is  largely  desert  with  cattle  and  sheep  raising,  intensive  agri- 
culture in  irrigated  oases,  and  huge  oil  and  gas  reserves.  Its  economy  remains  de- 
pendent on  central  planning  mechanisms  and  state  control,  although  the  Govern- 
ment has  taken  a  number  of  potentially  significant  steps  to  make  the  transition  to 
a  market  economy.  Agriculture,  particularly  cotton  cultivation,  accounts  for  nearly 
half  of  total  employment.  Gas,  oil  and  gas  derivatives,  and  cotton  account  for  almost 
all  of  the  country's  export  revenues.  Seeking  increased  outlets  for  its  gas  exports 
(and,  thereby,  greater  economic  independence),  the  Government  is  considering  con- 
struction of  new  gas  export  pipelines  to  or  through  a  number  of  countries,  including 
neighboring  Iran  and  Afghanistan. 

Tne  Government  continued  to  commit  human  rights  abuses,  and  the  authorities 
in  particular  severely  restricted  political  and  civil  liberties.  Citizens  do  not  have  the 
ability  to  change  their  government  peacefully.  Dissident  Durdymurad  Khodzha- 
Mukhammed  remains  in  a  psychiatric  hospital  in  Geok-Depe,  and  dissident  Ata 
Aymamedov  is  still  imprisoned  for  calling  lor  the  President's  removal  from  office. 


1354 

Senior  government  officials  failed  to  respond  to  inquiries  regarding  these  two  cases. 
Security  forces  continued  to  beat  and  otherwise  mistreat  suspects  and  prisoners, 
and  prison  conditions  remained  poor  and  unsafe.  Arbitrary  arrest,  detention,  unfair 
trials,  and  interference  with  citizens  privacy  remained  problems.  The  Government 
completely  controls  the  media,  censoring  all  newspapers  and  rarely  permitting  inde- 

fienaent  criticism  of  government  policy  or  officials.  The  Government  generally  gave 
avored  treatment  to  ethnic  Turkmen  over  minorities  and  to  men  over  women. 
Women  experience  societal  discrimination,  and  domestic  violence  against  women  is 
a  problem. 

The  recently  amended  law  on  religion  reaffirmed  a  number  of  important  religious 
freedoms  but  also  tightens  government  control  of  religious  groups.  The  requirement 
that  religious  oi^ganizations  have  at  least  500  members  to  be  legally  registered  has 
prevented  some  minority  religions  from  legally  establishing  themselves. 

The  Institute  for  Democratization  and  Human  Rights,  given  a  mandate  to  conduct 
research  in  support  of  the  democratization  of  the  Turkmen  government  and  society 
and  to  monitor  the  protection  of  human  rights,  completed  its  first  year  of  operation 
in  October.  During  the  year,  it  continued  to  develop  its  research  and  monitoring  ac- 
tivities. Early  in  1997,  it  conducted  inspections  of  prisons,  and  several  reforms  re- 
sulted from  these  inspections. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  1992  Constitution  makes  torture  or  other  cruel,  inhuman,  or  degrading  treat- 
ment illegal.  Nevertheless,  there  were  credible  and  widespread  reports  that  security 
officials  frequently  beat  criminal  suspects  and  prisoners  and  often  used  force  to  ob- 
tain confessions.  Security  forces  also  used  denial  of  medical  treatment  and  food, 
verbal  intimidation,  and  placement  in  unsanitary  conditions. 

International  human  rights  oreanizations  reported  that  dissident  Durdymurad 
Khodzha-Mukhammed  (arrested  by  authorities  in  1995)  remains  in  a  psychiatric 
hospital  in  Geok-Depe  for  nonmedical  reasons.  Others  who  have  protested  govern- 
ment policies  or  economic  conditions  also  reportedly  are  held  in  psychiatric  hos- 
pitals. 

Prison  conditions  are  poor,  and  prisons  are  unsanitary,  overcrowded,  and  unsafe. 
Food  is  poor,  and  infectious  diseases  are  rampant.  Facilities  for  prisoner  rehabilita- 
tion and  recreation  are  extremely  limited.  In  the  past,  some  prisoners  have  died  due 
to  overcrowding,  untreated  illness,  and  lack  of  adequate  protection  from  the  severe 
summer  heat. 

Although  in  the  past  year  diplomats  have  been  permitted  to  visit  selected  prisons 
and  detention  centers,  the  Government  does  not  permit  unrestricted  independent 
monitoring  of  prison  conditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  states  that  citizens 
"have  the  right  to  freedom  of  belief  and  the  free  expression  thereof  and  also  to  ob- 
tain information  unless  it  is  a  state,  official,  or  commercial  secret."  In  practice  those 
expressing  views  critical  of  or  different  from  those  of  the  Government  nave  been  ar- 
rested on  false  charges  of  committing  common  crimes,  such  as  Ata  Aymamedov  (see 
Section  I.e.). 

The  precise  number  of  political  detainees  held  at  year's  end  was  unknown.  Pre- 
trial detainees  are  held  6  to  8  months  on  the  average.  Several  thousand  people, 
many  of  them  arrested  for  narcotics-related  crimes,  were  released  from  prison  under 
a  presidential  amnesty  act  partly  intended  as  an  effort  to  release  untried  detainees. 

Forced  exile  was  not  known  to  have  occurred  in  1997.  However,  almost  all  promi- 
nent political  opponents  of  the  present  Government  have  chosen  to  move  to  either 
Moscow,  Stockholm,  or  Prague  for  reasons  of  personal  safety;  none  returned  this 
year. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  judicial  independ- 
ence. However,  in  practice,  the  judiciary  is  not  independent;  the  President's  power 
to  select  and  dismiss  judges  subordinates  the  judiciary  to  the  Presidency.  The  Presi- 
dent appoints  all  judges  for  a  term  of  15  years.  The  appointments  are  without  legis- 
lative review,  except  for  the  Chairman  (Chief  Justice)  of  the  Supreme  Court,  and 
the  President  has  tne  sole  authority  to  remove  them  from  the  bench  before  the  com- 
pletion of  their  terms. 

The  court  system  has  not  been  reformed  since  the  Soviet  era.  It  consists  of  a  Su- 
preme Court,  6  provincial  courts  (including  1  for  the  city  of  Ashgabat  only),  and. 


1355 

at  the  lowest  level,  61  district  and  city  courts.  A  Supreme  Economic  Court  hears 
cases  involving  disputes  between  state-owned  enterprises  and  ministries,  and,  in- 
creasingly, commercial  disputes.  The  Government  aoolished  all  military  courts  in 
May.  C^minal  offenses  conunitted  by  members  of  the  armed  forces  are  now  tried 
in  civilian  courts  under  the  authority  of  the  office  of  the  Prosecutor  General. 

The  law  provides  for  the  rights  of  due  process  for  defendants,  including  a  public 
trial,  the  right  to  a  defense  attorney,  access  to  accusatory  material,  and  the  right 
to  call  witnesses  to  testify  on  behalf  of  the  accused.  In  practice  these  rights  are  often 
denied  by  authorities,  and  there  are  no  independent  lawyers,  with  the  exception  of 
a  few  retired  legal  officials,  available  to  represent  defendants.  When  a  person  cannot 
afford  the  services  of  a  lawyer,  the  court  appoints  one.  A  person  may  represent  him- 
self in  court. 

Lower  courts'  decisions  may  be  appealed,  and  in  the  case  of  the  death  f)enalty  the 
defendant  may  petition  the  President  for  clemency.  The  President  granted  clemency 
to  several  hundred  people  in  1997  in  connection  with  the  general  amnesty,  which 
released  several  thousand  inmates  from  prison  (see  Section  l.d.).  In  practice  adher- 
ence to  due  process  is  not  uniform,  particularly  in  the  lower  courts  in  rural  areas. 
Even  when  due  process  rights  are  oDserved,  the  authority  of  the  prosecutor  vis-a- 
vis the  defense  attorney  is  so  great  that  it  is  very  difficult  for  the  defendant  to  re- 
ceive a  fair  trial. 

In  September  the  Government  held  at  least  10  political  prisoners,  including  1  dis- 
sident committed  to  a  psychiatric  hospital  for  nonmedical  reasons.  According  to 
Human  Rights  Watch,  at  least  two  other  dissidents  were  also  held  in  psychiatric 
hospitals.  Of  the  current  convicted  political  prisoners,  eight  were  involved  in  the 
July  1995  demonstration.  Two  others  were  convicted  in  secret  before  the  Supreme 
Court  in  1995  for  an  alleged  conspiracy  to  assassinate  the  President.  Dissident  Ata 
Aymamedov  was  sentenced  in  February  1996  to  4V'2  years'  imprisonment  for 
"hooliganism"  after  he  criticized  the  President  in  a  private  conversation.  He  report- 
edly claimed  that  the  only  way  to  improve  the  country's  situation  would  be  to  re- 
move the  President  from  office.  The  authorities  tried  and  imprisoned  him  on  the  day 
of  his  arrest. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  right  of  protection  from  arbitrary  interference  by  the 
State  in  a  citizen's  personal  life.  However,  there  are  no  legal  means  to  regulate  the 
conduct  of  surveillance  by  the  state  security  apparatus,  which  regularly  monitors 
the  activities  of  opponents  and  critics  of  the  Government.  Security  officials  use  phys- 
ical surveillance,  telephone  tapping,  electronic  eavesdropping,  and  the  recruitment 
of  informers.  Critics  of  the  Government,  and  many  other  people,  report  credibly  that 
their  mail  is  intercepted  before  delivery. 

The  Government  restricts  citizens'  ability  to  obtain  foreign  newspapers  (see  Sec- 
tion 2. a.). 

In  the  past,  the  authorities  have  dismissed  children  from  school  and  removed 
adults  from  their  jobs  because  of  the  political  activities  of  relatives.  Since  his  trial, 
the  Government  has  reportedly  persecuted  Ata  AymamedoVs  entire  family  in  this 
way.  The  authorities  also  threaten  supporters  of  opposition  political  movements 
with  loss  of  employment  and  homes  (see  Section  2.b.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  the  right  to  hold 
personal  convictions  and  to  express  them  freely.  In  practice,  however,  the  Govern- 
ment severely  restricts  freedom  of  speech  and  does  not  permit  freedom  of  the  press. 
Continued  criticism  of  the  Government  can  lead  to  personal  hardship,  including  loss 
of  opportunities  for  advancement  and  employment. 

The  (Government  completely  controls  radio  and  television.  Its  budget  funds  almost 
all  print  media.  The  (Government  censors  newspapers;  the  Committee  for  the  Protec- 
tion of  State  Secrets  must  approve  pre  publication  galleys.  The  two  nominally  inde- 
pendent newspapers  established  under  presidential  decree,  Adalat  (Justice)  and 
Galkynysh  (Revival)  continue  to  operate.  Although  both  newspapers  profess  to  be 
independent,  their  content  is  censored.  Russian  language  newspapers  from  abroad 
are  generally  available  only  to  organizations  by  subscription;  individuals  are  rarely 
able  to  subscribe.  Individual  issues  are  available  in  at  least  one  Ashgabat  hotel,  but 
are  sometimes  confiscated  from  passengers  arriving  at  international  airports. 

The  Government  prohibits  the  media  from  reporting  the  views  of  opposition  politi- 
cal leaders  and  critics,  and  it  rarely  allows  even  the  mildest  form  of  criticism  in 
print.  The  Government  has  subjected  those  responsible  for  critical  foreign  press 
items  to  threats  and  harassment.  After  publishing  a  series  of  articles  critical  of  the 
(Jovemment  in  the  Russian  newspaper  Pravda  in  1996,  journalist  Marat  Durdyev 
was  fired  from  three  state  jobs:  at  the  state-owned  newspaper;  an  archeological  site; 


1356 

and  a  state  school;  he  also  was  harassed  by  the  KNB  and  other  government  organs. 
The  Government  revoked  the  accreditation  of  the  Radio  Liberty  correspondent  in 
1996  because  of  broadcasts  by  an  opposition  politician  in  exile,  but  it  did  not  prevent 
him  from  continuing  to  file  reports  for  broadcast  in  1997. 

Following  his  arrest  on  October  30,  Radio  Free  Europe/Radio  Liberty  correspond- 
ent Yowshan  Annakurbanov  was  released  from  a  KNB  prison  on  November  12. 
Annakurbanov  reportedly  was  not  physically  harmed  but  remained  under  investiga- 
tion at  year's  end  for  allegedly  attempting  to  smuggle  "military  secrets"  out  of  the 
country.  Reportedly,  he  also  was  forbidden  to  leave  nis  apartment,  meet  with  jour- 
nalists and  foreign  officials,  or  discuss  his  case.  An  article  containing  inaccurate 
statements  about  RFE/RL  and  a  negative  depiction  of  Annakurbanov's  case  ap- 
peared in  the  officially  sanctioned  daily  newspaper  Neutral  Turkmenistan  on  No- 
vember 14. 

Intellectuals  have  reported  that  the  security  organs  have  instructed  them  to 
praise  the  President  in  their  art  and  have  warned  them  not  to  participate  in  recep- 
tions hosted  by  foreign  diplomatic  missions. 

The  Government  also  restricts  academic  freedom.  It  does  not  tolerate  criticism  of 
government  policy  or  the  President  in  academic  circles,  and  it  discourages  research 
into  areas  it  considers  politically  sensitive.  The  government-controlled  Union  of 
Writers  has  in  the  past  expelled  members  who  have  criticized  government  policy; 
libraries  have  removed  their  works. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  allows  for 
peaceful  assembly  and  association,  but  the  Government  restricts  these  rights.  It 
does  not  permit  peaceful  demonstrations  organized  by  alleged  critics  and  in  1995 
dispersed  the  first  peaceful  protest  rally  in  years,  convicting  over  20  persons  for 
their  participation.  According  to  Amnesty  International,  8  of  the  original  20  con- 
victed demonstrators  remain  in  jail.  Permits  are  required  for  public  meetings  and 
demonstrations.  There  were  reports  of  spontaneous  demonstrations  over  bread 
prices  in  1996,  but  none  in  1997. 

A  few  unreristered  organizations  without  political  agendas  are  permitted  to  func- 
tion publicly.  Unregistered  organizations  witn  a  political  agenda  are  not  allowed  to 
hold  demonstrations  or  meetings  outside,  but  can  hold  small  private  meetings.  No 
political  groups  critical  of  government  policy  have  been  able  to  meet  the  require- 
ments for  registration.  The  Government  uses  laws  on  the  registration  of  political 
parties  to  prevent  the  emergence  of  potential  opposition  groups.  At  present  the  only 
registered  political  party  is  the  Democratic  Party  of  Turkmenistan. 

Social  and  cultural  organizations  without  political  aims  are  allowed  to  function, 
but  often  have  difficulty  registering.  Theoretically,  citizens  have  the  freedom  to  asso- 
ciate with  whomever  they  please.  However,  the  authorities  have  fired  or  threatened 
to  fire  supporters  of  opposition  movements  from  their  jobs,  removed  them  from  pro- 
fessional societies,  and  even  threatened  them  with  the  loss  of  their  homes.  In  addi- 
tion some  citizens  with  links  to  foreigners  are  subject  to  official  intimidation. 

c.  Freedom,  of  Religion. — The  Constitution  provides  for  freedom  of  religion  and 
does  not  estabHsh  a  State  religion.  The  State  generally  respects  religious  freedom. 
Citizens  are  overwhelmingly  Muslim,  but  Islam  does  not  play  a  dominant  role  in 
society,  in  part  due  to  the  70  years  of  Soviet  rule. 

A  modest  revival  of  Islam  has  occurred  since  independence.  The  Government  has 
incorporated  some  aspects  of  Muslim  tradition  into  its  efTorts  to  define  a  Turkmen 
identity,  and  it  gives  some  financial  and  other  support  to  the  Council  on  Religious 
Affairs,  which  plays  an  intermediary  role  between  tne  government  bureaucracy  and 
religious  organizations. 

Religious  congregations  are  required  to  register  with  the  Government.  While  re- 
affirming a  number  of  important  religious  ireedoms,  the  Law  on  the  Freedom  of 
Conscience  and  Religious  Organizations,  amended  in  1995  and  again  in  1996,  also 
provides  for  significant  government  control  of  religion.  For  example,  the  requirement 
that  religious  organizations  have  at  least  500  adherents  to  be  legally  registered  has 

f)revented  all  but  Sunni  Muslims  and  Russian  Orthodox  Christians  from  setting  up 
egal  religious  organizations.  This  restriction  has  caused  problems  for  a  number  of 
minority  religions,  especially  the  Baha'i,  who  have  been  prevented  from  conducting 
services.  A  member  of  a  Ashgabat  religious  ^roup  reported  that  on  several  occasions, 
law  enforcement  officials  raided  the  Baptist  church  where  the  group  conducted 
meetings,  confiscated  religious  material,  and  warned  church  authorities  against  per- 
mitting unregistered  religious  groups  from  meeting  in  its  facilities.  Diplomats  re- 
ceived similar  reports  of  raids  ana  seizures  of  religious  materials  at  Protestant 
churches  in  other  areas  of  the  country. 

While  protected  by  law,  proselytization  by  "foreign"  (i.e.,  non-Sunni  Muslim)  reli- 
gions can  incur  official  displeasure.  Missionaries  arriving  at  Ashgabat  International 
Airport  with  large  quantities  of  religious   material  have  had  the  material  con- 


1357 

fiscated.  Government  officials  acknowledge  this  practice,  stating  that  the  quantities 
are  clearly  for  proselytizing  and  not  for  personal  use.  Hare  Krishnas  arriving  from 
Uzbekistan  have  had  their  religious  material  confiscated.  Government  permission  is 
required  for  any  mass  meetings  or  demonstrations  for  religious  purposes.  However, 
the  Government  does  not  restrict  the  travel  of  clergy  or  members  of  religious  groups 
to  Turkmenistan.  Islamic  religious  literature  is  distributed  through  the  mosques. 
Orthodox  churches  offer  a  variety  of  Christian  religious  literature. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  does  not  generally  restrict  movement  within  the  coun- 
try, although  travel  to  southern  border  zones  is  tightly  controlled.  Citizens  still 
carry  internal  passports.  These  documents  are  used  primarily  as  a  form  of  identi- 
fication, rather  than  as  a  means  of  controlling  movement.  Residence  permits  are  not 
required,  although  place  of  residence  is  registered  and  noted  in  passports. 

The  Gk)vehiment  uses  its  power  to  issue  passports  and  exit  visas  as  a  general 
means  of  restricting  international  travel.  Most  nonofTicial  travelers  find  the  process 
of  obtaining  passports  and  exit  visas  to  be  difficult.  Many  allege  that  officials  solicit 
bribes  in  exchange  for  permission  to  travel  abroad.  This  year  the  Government  intro- 
duced new  passports  which  will  eventually  serve  as  combined  foreign  and  internal 
travel  documents. 

Most  citizens  are  jjermitted  to  emigrate  without  undue  restriction.  In  1996  some 
government  opponents  were  denied  the  opportunity  to  emigrate;  however,  there 
were  no  reports  of  similar  government  action  in  1997.  In  1997  ethnic  Russians  and 
other  non-Turkmen  residents,  including  Jewish  residents,  have  been  permitted  to 
emigrate. 

The  government-funded  Council  of  World  Turkmen  provides  assistance  to  ethnic 
Turkmen  abroad  who  wish  to  return  to  Turkmenistan  and  apply  for  citizenship.  The 
Government,  however,  discourages  immigration  by  ethnic  Turlcmen  living  in  Iran, 
Iraq,  Turkey,  and  other  countries.  Immigration  of  non-Turkmen  from  other  areas  of 
the  former  Soviet  Union  is  discouraged  by  the  unofficial  policy  of  favoring  employ- 
ment of  ethnic  Turkmen. 

On  June  12,  the  Government  adopted  the  1951  United  Nations  Convention  and 
its  1967  Protocol  Relating  to  the  Status  of  Refugees,  but  its  accession  to  the  Conven- 
tion has  not  yet  been  approved  by  the  U.N.  The  law  on  refugees  was  also  adopted 
on  June  12.  It  establishes  the  procedure  and  conditions  for  recognizing  refugee  sta- 
tus, and  sets  the  legal,  economic,  and  social  rights  of  refugees. 

The  country  does  not  provide  first  asylum,  and  the  issue  of  its  provision  has  never 
arisen.  The  Government  has  never  granted  refugee  or  asylee  status  to  individuals, 
but  some  ethnic  Turkmen  from  Afghanistan  have  been  resettled. 

The  Government  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. 

There  were  no  confirmed  reports  of  forced  expulsion  of  those  having  a  valid  claim 
to  refugee  status.  There  have  been  unconfirmed  reports  of  small  numbers  of  refu- 
gees being  forcibly  returned  by  individual  border  guards.  According  to  the  UNHCR, 
however,  there  is  no  clear  pattern  of  abuse  or  forced  expulsion  of  refugees,  with  the 
exception  of  such  low-level  Harassment. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  no  real  ability  to  effect  peaceful  change  in  the  Government  and 
have  little  influence  on  government  policy  or  decisionmaking.  The  1992  Constitution 
declares  Turkmenistan  to  be  a  secular  democracy  in  the  form  of  a  presidential  re- 
public. It  calls  for  the  separation  of  powers  between  the  various  branches  of  govern- 
ment, but  vests  a  disproportionate  share  of  power  in  the  Presidency.  In  practice 
President  Niyazov's  power  is  absolute,  and  the  country  remains  a  one-party  state. 
Despite  the  appearance  of  decisionmaking  by  consensus,  most  decisions  are  made 
at  the  presidential  level. 

In  the  1992  presidential  election,  the  sole  candidate  was  Saparmurad  Niyazov,  the 
incumbent  ana  nominee  of  the  Democratic  Party  of  Turitmenistan.  The  Government 
announced  the  election  barely  a  month  before  voting  day,  giving  opposition  groups 
insufficient  time  to  organize  and  qualify  to  submit  a  candidate.  A  1994  national  ref- 
erendum extended  the  President's  term  to  2002,  obviating  the  need  for  the  sched- 
uled presidential  election  in  1997.  According  to  the  official  results,  99.9  percent  of 
those  voting  cast  their  ballots  to  extend  his  term.  The  policy  of  the  Democratic 
Party,  according  to  its  leadership,  is  to  implement  the  policy  of  the  President. 

In  the  1994  elections  for  a  reconstituted  Mejlis  (Parliament),  no  opposition  partici- 
pation was  permitted.  The  Government  claimed  that  99.8  percent  of  all  eligible  vot- 
ers participated.  The  Mejlis  routinely  supports  presidential  decrees,  and,  as  yet,  has 


1358 

no  genuine  independence,  although  it  has  taken  several  measures  to  become  a  more 
professional  body  and  does  debate  and  amend  draft  legislation,  including  key  bills 
such  as  civil  and  criminal  codes.  The  next  parliamentary  elections  are  scheduled  for 
1999. 

There  are  no  legal  restrictions  on  the  participation  of  women  or  minorities  in  the 
political  process.  Women  hold  the  positions  of  Minister  of  Textile  Industry,  Prosecu- 
tor General,  Deputy  Chairperson  of  Parliament,  and  the  Ambassador  to  the  U.N. 
There  are  no  women  serving  as  provincial  governors.  Minorities  are  represented  in 
the  Government  although  preference  is  given  to  ethnic  Turkmen. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  no  local  human  rights  monitoring  groups,  and  government  restrictions 
on  freedom  of  speech,  press,  and  association  would  preclude  any  effort  to  investigate 
and  criticize  publicly  the  Government's  human  rights  policies.  Several  independent 
journalists  based  in  Russia  report  on  these  issues  in  the  Russian  press  and  have 
contact  with  international  human  rights  organizations.  On  numerous  occasions  in 
the  past,  the  Government  has  warned  its  critics  against  speaking  with  visiting  jour- 
nalists or  other  foreigners  wishing  to  discuss  human  rights  issues. 

The  National  Institute  for  Democracy  and  Human  Rights  under  the  President 
completed  its  first  year  of  operation  in  October.  Its  mandate  is  to  support  the  de- 
mocratization of  the  government  and  society  and  monitor  the  protection  of  human 
rights.  Beginning  in  December  1996,  Institute  personnel  led  an  investigative  tour 
of  prisons  and  of  regional  and  local  government  offices,  reporting  to  the  President 
on  substandard  prison  conditions  and  abuses  by  regional  and  local  authorities.  The 
investigation  led  to  the  general  amnesty  and  Criminal  Code  changes.  The  Institute 
maintains  two  full  time  staff  members  and  also  played  an  active  role  in  receiving 
and  resolving  citizen  complaints  of  arbitrary  government  action.  Approximately 
1400  complaints  have  been  filed  with  the  Institute  and,  reportedly,  over  50  percent 
concern  the  judicial  process  and  judges  but  there  are  no  specific  statistics  on  the 
number  of  complaints  against  law  enforcement  and  security  organizations.  In  gen- 
eral the  Institute  conducts  a  study  and  returns  its  findings  to  the  individual  and 
the  organizations  involved.  The  Institute,  however,  is  not  an  independent  body,  and 
the  fiill  scope  of  its  prospective  activities  remained  unclear  at  year's  end. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equal  rights  and  freedoms  for  all,  independent  of 
one's  nationality,  origin,  language,  and  religion.  It  further  specifies  equal  rights  be- 
fore the  law  for  both  men  and  women.  There  is  no  legal  basis  for  discrimination 
against  women  or  religious  or  ethnic  minorities.  Cultural  traditions  and  the  Govern- 
ment's policy  of  promoting  Turkmen  nationalism,  however,  limit  the  employment 
and  educational  opportunities  of  women  and  nonethnic  Turkmen. 

Women. — Anecdotal  reports  indicate  that  domestic  violence  against  women  is  com- 
mon, but  no  statistics  are  available.  The  subject  is  not  discussed  in  society.  There 
are  no  court  cases  available  and  no  references  to  domestic  violence  in  the  media. 
One  unofficial  group  to  support  battered  women  operates  in  Ashgabat. 

Women  are  underrepresented  in  the  upper  levels  of  state-owned  economic  enter- 
prises and  are  concentrated  in  the  health  care  and  education  professions  and  in 
service  industries.  Women  are  restricted  from  working  in  some  dangerous  and  envi- 
ronmentally unsafe  jobs.  Under  the  law,  women  enjoy  the  same  inheritance  and 
marriage  rights  as  men.  In  traditional  Turkmen  society,  however,  the  woman's  pri- 
mary role  is  as  homemaker  ai  d  mother,  and  family  pressures  often  limit  opportuni- 
ties for  women  to  enter  outside  careers  and  advance  their  education.  Religious  au- 
thorities, when  proffering  advice  to  practicing  Muslims  on  matters  concerning  inher- 
itance and  property  rights,  often  favor  men  over  women. 

There  is  only  one  officially  registered  women's  group,  headed  by  the  Deputy 
Chairperson  of  the  Mejlis  and  dedicated  in  honor  of  the  President's  mother.  The 
Government  has  no  program  specifically  aimed  at  rectifying  the  disadvantaged  posi- 
tion of  women  in  society,  as  it  does  not  acknowledge  that  women  suffer  discrimina- 
tion. 

Children. — Turkmenistan's  social  umbrella  covers  the  welfare  needs  of  children. 
The  Government  provides  9  to  10  years  of  education  for  the  nation's  children.  Gen- 
erally, there  is  little  difference  in  the  education  provided  to  girls  and  boys.  The  Gov- 
ernment has  not  taken  effective  steps  to  address  the  environmental  and  health 
problems  that  have  resulted  in  a  high  rate  of  infant  and  maternal  mortality. 


1359 

During  the  annual  cotton  harvest,  some  schools  in  agricultural  areas  are  closed 
and  children  as  young  as  10  years  of  age  work  in  the  cotton  fields  (see  Section  6.d.). 
Other  than  this  activity,  there  is  no  societal  pattern  of  abuse  against  children. 

People  With  Disabilities.— <iovemmeni  subsidies  and  pensions  are  provided  for 
those  with  disabilities,  althouffh  the  pensions  are  inadequate  to  maintain  a  decent 
standard  of  living.  Those  capable  of  woiiting  are  generally  provided  with  jobs  under 
still-valid  preindependence  policies  that  virtually  guarantee  employment  to  all.  Ac- 
cording to  existing  legislation,  facilities  for  the  access  of  the  disabled  must  be  in- 
cluded in  new  construction  projects.  Compliance  is  spotty,  however,  and  most  older 
buildings  are  not  so  equipped.  Care  for  the  mentally  retarded  and  mentally  ill  is 
handled  on  the  local  level.  Mentally  retarded  and  mentally  ill  children  are  jplaced 
in  boarding  schools  with  educational  and  future  employment  opportunities  if  their 
condition  is  mild.  Adults  with  disabilities  requiring  institutionalization  are  kept  pri- 
marily in  "psycho-narcological"  hospitals  in  Ueok-Uepe,  Bekrova,  and  Kava,  ana  in 
theory  provided  with  food,  clothing,  and  medical  care. 

National/ Racial / Ethnic  Minorities. — The  Constitution  provides  for  equal  rights 
and  freedoms  for  all  citizens.  Turkmen  comprise  approximately  77  percent  of  the 
population  of  about  4.5  million;  Russians,  7  percent;  and  Uzbeks,  9  percent.  There 
are  smaller  numbers  of  Kazakhs,  Armenians,  Azerbaijanis,  and  many  other  ethnic 
groups.  Since  independence,  Turkmenistan  has  not  experienced  ethnic  turmoil. 

As  part  of  its  nation-building  efforts,  the  Government  has  attempted  to  foster 
Turkmen  national  pride,  in  part  through  its  language  policy.  The  Constitution  des- 
ignates Turkmen  the  official  language,  and  it  is  a  mandatory  subject  in  school,  al- 
though not  necessarily  the  language  of  instruction. 

The  Constitution  also  provides  for  the  rights  of  speakers  of  other  langua^s  to  use 
them.  Russian  remains  in  common  usage  in  government  and  commerce.  The  Gov- 
ernment insists  that  discrimination  against  Russian  speakers  will  not  be  tolerated. 
However,  efforts  to  reverse  past  policies  that  favored  Russians  work  to  the  benefit 
of  Turkmen  at  the  expense  of  the  other  ethnic  groups,  not  solely  ethnic  Russians. 
Non-Turkmen  fear  that  the  designation  of  Turicmen  as  the  official  language  will  put 
their  children  at  a  disadvantage  educationally  and  economically.  They  complain  that 
some  avenues  for  promotion  and  job  advancement  are  no  longer  open  to  them.  Only 
a  handful  of  non-Turkmen  occupy  high-echelon  jobs  in  the  ministries,  and  govern- 
ment employees  from  minority  ethnic  groups  are  sometimes  assigned  lesser  posi- 
tions than  their  experience  and  qualifications  would  merit. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Turkmenistan  has  inherited  the  Soviet  system  of 
government-associated  trade  unions.  There  are  no  legal  guarantees  entitling  work- 
ers to  form  or  join  unions.  The  Colleagues  Union  is  the  only  legal  central  trade 
union  federation  permitted,  and  it  claims  a  membership  of  1.6  million;  its  unions 
are  divided  along  both  sectoral  and  regional  lines.  Unions  may  not  form  or  join 
other  federations. 

While  no  law  specifically  prohibits  the  establishment  of  independent  unions,  there 
are  no  such  unions,  and  no  attempts  were  made  to  register  an  independent  trade 
union  during  the  year. 

The  law  neither  prohibits  nor  permits  strikes  and  does  not  address  the  issue  of 
retaliation  against  strikers.  Strikes  are  extremely  rare  and  no  strikes  were  known 
to  have  occurred  in  1997. 

There  is  no  information  on  union  affiliation  with  international  unions. 
Turkmenistan  joined  the  International  Labor  Organization  in  1993. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  does  not  protect  the 
right  to  collective  bargaining.  In  practice,  in  the  state-dominated  economy,  the  close 
association  of  both  the  trade  union  and  the  state-owned  enterprise  with  the  Govern- 
ment seriously  limits  workers'  ability  to  bargain,  and  workers  often  go  months  with- 
out pay  or  receive  their  paychecks  late. 

The  Ministry  of  Economics  and  Finance  prepares  general  guidelines  for  wages  and 
sets  wages  in  health  care,  culture,  and  some  other  areas.  In  other  sectors,  it  allows 
for  some  leeway  at  the  enterprise  level,  taking  into  account  local  factors.  The  Gov- 
ernment determines  specific  wage  and  benefit  packages  for  each  factory  or  enter- 
prise. 

The  law  does  not  prohibit  antiunion  discrimination  by  employers  against  union 
members  and  organizers,  and  there  are  no  mechanisms  for  resolving  such  com- 
plaints. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
labor.  No  incidents  of  compulsory  labor  were  reported. 


1360 

The  Government  prohibits  forced  and  bonded  labor  by  children  and  generally  en- 
forces this  prohibition  effectively,  with  the  exception  of  cotton  harvesting  in  rural 
areas. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  emplovment  of  children  is  16  years;  in  a  few  heavy  industries  it  is  18 
years.  The  law  prohibits  children  16  through  18  years  of  age  from  working  more 
than  6  hours  per  day  (the  normal  workday  is  8  hours). 

The  Government  prohibits  forced  and  bonded  labor  by  children  and  generally  en- 
forces this  prohibition  effectively,  with  the  exception  of  cotton  harvesting  in  rural 
areas  (see  Section  6.c.).  A  15-year-old  child  may  work  4  to  6  hours  per  day,  but  only 
with  the  permission  of  the  trade  union  and  parents.  This  permission  rareW  is  grant- 
ed. Violations  of  child  labor  laws  occur  in  rural  areas  during  the  cotton  harvesting 
season,  when  teenagers  work  in  the  fields  and  children  less  than  10  years  of  age 
sometimes  help  with  the  harvest. 

e.  Acceptable  Conditions  of  Work. — There  is  no  minimum  wage.  As  of  August  1, 
the  average  wage  in  the  state  sector  was  approximately  $31  (160,000  manats)  per 
month.  Wnile  the  Government  subsidizes  the  prices  oi  many  necessities  and  pro- 
vides others  free  of  charge,  this  wage  falls  short  of  the  amount  required  to  meet  the 
needs  of  an  average  family.  Most  nouseholds  are  multigenerational,  with  several 
members  receiving  salaries,  stipends,  or  pensions.  Even  so,  many  people  lack  the 
resources  to  maintain  an  adequate  diet,  and  meat  is  a  luxury  for  most  citizens. 

The  standard  legal  workweek  is  40  hours  with  2  days  off.  Individuals  who  work 
fewer  hours  during  the  week  or  are  in  certain  high-level  positions  may  also  work 
on  Saturdays. 

Turkmenistan  inherited  from  the  Soviet  era  an  economic  system  with  substandard 
working  conditions — one  in  which  production  took  precedence  over  the  health  and 
safety  of  workers.  Industrial  workers  often  labor  in  an  unsafe  environment  and  are 
not  provided  proper  protective  equipment.  Some  agricultural  workers  are  subjected 
to  environmental  health  hazards.  The  Government  recognizes  that  these  proolems 
exist  and  has  taken  some  steps  to  deal  with  them,  but  it  has  not  set  comprehensive 
standards  for  occupational  health  and  safety.  Workers  do  not  always  have  the  right 
to  remove  themselves  from  work  situations  that  endanger  health  or  safety  without 
jeopardy  to  their  continued  employment. 


UKRAINE 

Under  the  new  Ukrainian  Constitution  adopted  in  1996  the  President,  elected  for 
a  5-year  term,  and  a  one-chamber  Parliament  (the  Rada),  elected  for  a  4-year  term, 
share  responsibility  for  governance.  (Transitional  provisions  continue  the  current 
President's  and  Parliament's  terms  until  October  1999,  and  March  1998,  respec- 
tively.) President  Leonid  Kuchma  was  elected  in  1994.  The  President  appoints  the 
Cabinet  and  controls  government  operations.  Under  the  new  Constitution  the  judici- 
ary is  funded  as  an  independent  branch,  instead  of  through  the  Ministry  of  Justice. 
However,  the  court  system  remains  subject  to  political  interference. 

The  Security  Service  of  Ukraine  (SBU),  the  Ministry  of  Internal  Affairs,  and  the 
Ministry  of  Defense  all  have  equal  status  and  report  to  the  President  through  the 
Cabinet.  The  heads  of  the  Ministry  of  Internal  Affairs  and  the  Ministry  of  Defense 
sit  in  the  Cabinet  of  Ministers.  In  April  the  President  established  by  decree  the  Na- 
tional Bureau  of  Investigation  (NBI).  However,  the  NBI  had  not  been  fully  orga- 
nized by  year's  end;  the  Parliament  refused  to  provide  any  funding  for  the  NBI, 
pending  the  adoption  a  law  formally  establishing  it.  The  chairmen  of  the  SBU  and 
the  newly  created  NBI  are  also  members  of  the  Cabinet,  but  they  are  not  cabinet 
ministers.  The  armed  forces  have  largely  remained  outside  politics.  Although  the 
SBU  has  not  interfered  in  the  political  process,  it  can  affect  it  through  criminal  in- 
vestigations against  politicians  and  influential  businessmen.  Reportedly,  the  Gov- 
ernment has  used  government  agencies,  especially  the  Tax  Inspectorate,  to  disrupt 
or  eliminate  the  businesses  of  competitors  and  political  opponents.  Despite  the  Gov- 
ernment's adoption  of  a  sweeping  anti-corruption  program,  the  SBU,  police,  and 
Prosecutor's  Office  have  drawn  domestic  and  international  criticism  for  their  failure 
to  take  adequate  action  to  curb  institutional  corruption  and  abuse  in  the  Govern- 
ment. Many  high  profile  corruption  cases,  which  were  opened  earlier,  have  been 
dropped,  ostensioly  because  of  lack  of  incriminating  evidence.  Members  of  the  secu- 
rity forces  committed  human  rights  abuses. 

Ukraine  is  making  a  difficult  transition  from  central  planning  to  a  market-based 
economy.  According  to  official  statistics,  about  half  of  the  work  force  is  formally  em- 
ployed in  manufacturing,  with  the  balance  divided  between  services  and  agriculture. 


1361 

although  in  reahty  many  industrial  enterprises  have  reduced  or  stopped  production. 
Exports  are   diversified  and  include   metals,  chemicals,  sugar,   and  semi-finished 

foods.  Annual  per  capita  gross  domestic  product  for  1997  was  approximately  $1,000. 
n  1996  Ukraine  achieved  a  measure  of  macroeconomic  stability  for  the  first  time 
since  independence.  Inflation,  which  at  times  had  accelerated  to  hyperinflation,  was 
10  percent  for  1997.  The  private  sector  has  grown  significantly  and  now  represents 
a  substantial  portion  of  the  economy,  although  growth  in  the  unofficial  shadow  econ- 
omy is  not  fiilly  reflected  in  official  government  statistics.  Nevertheless,  the  country 
remains  in  a  serious  economic  crisis.  Industrial  output  continues  to  decline,  and 
shrinking  revenue  has  left  millions  of  employees  unpaid  for  many  months.  The  pace 
of  reform  was  erratic  during  the  year,  particularly  in  the  agricultural  sector.  Despite 
some  progress  on  privatization  and  deregulation,  investment  remains  at  low  levels, 
with  many  potential  investors  discouraged  by  onerous  and  arbitrary  taxation  and 
licensing  practices. 

Overall,  Ukraine  continued  the  process  of  building  a  law-based  civil  society.  Re- 
ports of  human  rights  violations  remained  at  the  same  low  level  as  in  1996.  Prob- 
lems continue  in  the  unreformed  legal  and  prison  systems,  and  the  army.  Police  and 
prison  officials  regularly  beat  detainees  and  prisoners;  beating  of  conscripts  is  com- 
mon in  the  army.  The  Government  rarely  punishes  officials  who  commit  such 
abuses.  Prison  conditions  remain  poor,  and  lengthy  pretrial  detention  under  poor 
conditions  is  a  common  problem.  The  judiciary  is  overburdened  and  lacks  sufficient 
funding  and  staff.  Long  delays  in  trials  are  a  problem.  While  progress  has  been 
made  toward  ensuring  the  independence  of  the  judiciary,  political  interference  con- 
tinues to  affect  the  judicial  process.  There  are  occasional  government  attempts  to 
control  the  press  and  limit  freedom  of  speech,  and  significant  limits  on  freedom  of 
association  and  on  nonnative  religious  organizations.  Laws  governing  political  party 
organizations  have  the  potential  to  limit  human  rights.  Significant  societal  anti- 
Semitism,  violence  against  women  and  children,  as  well  as  discrimination  against 
women,  and  both  ethnic  and  religious  minorities,  persist. 

The  efficacy  of  the  1996  Constitution  and  the  safeguards  that  it  provides  for 
human  rights  depends  on  enabling  legislation,  most  of  which  has  not  yet  been 
passed.  The  power  of  the  Constitutional  Court  remains  untested.  The  Constitution's 
provision  for  a  human  rights  ombudsman  appointed  by  Parliament  to  assist  citizens 
in  defending  their  rights  was  first  adopted  on  November  13.  On  December  5  the 
President  vetoed  the  law,  giving  his  requirements  that  the  Ombudsman  should  not 
be  a  member  of  any  political  party  and  that  he  should  be  a  professional  lawyer. 
However,  subsequently  the  Parliament  incorporated  most  of  the  presidential  propos- 
als into  the  new  version  and  adopted  the  law  on  December  23.  (The  President 
signed  the  bill  into  law  on  January  10,  1998.) 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  known  political 
killings  by  government  agents.  In  some  instances  the  line  between  politically  moti- 
vated killing  and  criminal  activities  was  difficult  to  distinguish.  The  Government's 
inability  to  stem  economic  decline  and  check  the  growth  of  violent,  organized  crimi- 
nal activity  had  major  ref)ercussions.  Politicians  and  politically-connected  business- 
men continued  to  be  the  victims — whether  through  killing  or  kidnaping—of  orga- 
nized criminal  groups,  aided  in  a  few  cases,  either  actively  or  passively,  by  corrupt 
officials. 

During  the  year  a  member  of  the  town  council  in  Yevpatoriya,  the  regional  prop- 
erty board  director,  and  a  governor  in  Razoolnensky  district  were  killed.  Police  dis- 
covered that  the  governor's  murder  was  ordered  by  the  chairman  of  the  district 
council's  law  and  order  conrunission.  In  April  a  director  of  the  large  steel  plant  in 
Olchivsk,  Donetsk  Oblast,  narrowly  avoided  a  bomb  explosion  in  his  hotel  room.  The 
mayor  of  Odesa  claimed  that  gunmen,  who  were  overpowered  by  police  in  an  apart- 
ment facing  the  city  hall  in  August,  had  planned  to  kill  him. 

The  number  of  contract  killings  of  members  of  the  business  community,  often 
managers  of  state-owned  enterprises,  remained  high,  especially  in  the  Crimea  and 
Donetsk  regions.  Politicians  were  also  targeted  because  of  their  influence  over  state- 
owned  enterprises.  In  September  the  Crimean  Deputy  Minister  for  Tourism  and  Re- 
sorts was  killed  by  a  gunman.  In  December  Arkadiy  Tabachnyk  of  Odesa,  a  promi- 
nent businessman  with  very  high  polittcal  connections,  and  his  bodyguard  were  also 
killed  by  a  gunman.  Also  in  December  a  bomb  killed  one  nurse  and  injured  several 
other  persons  in  the  intensive  care  unit  of  a  hospital  in  Simferopol  in  an  assassina- 
tion attempt  on  a  local  Crimean  businessman  with  criminal  connections.  There  have 


1362 

been  no  arrests  in  these  cases.  As  of  August  there  were  73  contract  murders;  in  all 
of  1996  there  were  157  contract  murders. 

Pervasive  organized  crime  and  contract  killings  have  been  particularly  rampant 
in  the  Donetsk  region  and  Crimea.  The  undermining  of  governmental  authority  was 

f)articularly  serious  in  Crimea.  The  Kiev  central  government  in  many  matters  exerts 
ittle  institutional  control  over  the  peninsula,  and  the  Crimean  authorities,  includ- 
ing members  of  the  executive  bodies  and  the  legislature,  are  widely  alleged  to  be 
compromised  by  ties  to  organized  criminal  elements.  According  to  police  reports,  51 
local  council  deputies  are  linked  to  the  organized  criminal  groups,  including  11  of 
49  members  of  the  city  council  in  Simferopol.  Four  local  deputies  were  killed  last 
year.  The  Prosecutor's  Oflice  opened  five  criminal  cases  against  local  deputies,  in- 
cluding a  member  of  the  Crimean  legislature.  While  recognizing  the  worsening 
crime  scene,  in  1996  the  new  Crimean  police  leadership  claimed  to  have  solved  18 
of  36  contract  murders  and  to  have  detained  over  109  criminal  leaders,  with  some 
30  more  detained  in  1997.  However,  police  leadership  complains  that  loopholes  in 
the  existing  criminal  law  allow  criminal  leaders  to  evade  punishment  in  most  cases. 
In  1996  some  1,000  Crimean  policemen,  including  senior  officers,  were  fired,  and 
over  1000  were  disciplined. 

The  1996  alleged  assassination  attempt  on  the  then-prime  minister,  Pavlo 
Lazarenko,  whose  car  reportedly  barely  escaped  a  bomb  explosion,  and  the  killing 
of  Rada  deputy  and  business  magnate,  Yevnen  Scherban,  remain  unsolved.  The 
1996  attempt  on  the  mayor  of  Sevastopol  remains  unresolved. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
The  alleged  kidnaping  in  1996  of  the  former  speaker  of  the  Crimean  legislature 

remains  unsolved. 

The  Januaiy  1994  disappearance  of  Myhailo  Boichyshyn,  a  prominent  leader  of 
the  Popular  Movement  of  lAraine  (RUKH),  remains  unsolved. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture;  however,  police  and  prison  oflicials  regularly 
beat  detainees  and  prisoners.  Amnesty  International  in  Ukraine  reports  that  riot  po- 
lice beat  and  torture  prisoners  during  their  regular  training  exercises  at  jails.  In 
1996  the  human  rights  group  reported  about  20  examples  of  such  mistreatment. 
There  is  no  effective  mechanism  for  registering  complaints  about  mistreatment  or 
for  obtaining  redress.  The  human  rights  ombudsman  required  by  the  new  Constitu- 
tion may  provide  such  a  mechanism  once  it  is  established.  The  Government  made 
no  known  efforts  during  the  year  to  end  the  practice  or  to  punish  officials  who  com- 
mitted or  abetted  such  abuses.  However,  after  the  1996  death  of  a  suspect  in  the 
Security  Service  detention  center  (SBU)  in  Lviv,  who  was  allegedW  beaten  to  death 
by  guards,  the  SBU  leadership  closed  the  facility  and  fired  36  oi  its  49  personnel. 
Tnere  were  no  developments  in  the  case  of  a  member  of  Parliament  from  Kiev, 
Myroslav  Horbatj-uk  (who  was  placed  in  an  intensive  care  unit  after  a  brutal  as- 
sault), and  a  former  parliamentarian  from  Zaporizhzhia,  Victor  Slesarenko  (whose 
car  was  blown  up).  They  had  claimed  that  violent  attacks  against  them  were  linked 
to  their  investigations  into  high-level  corruption  in  the  Government.  The  Govern- 
ment has  not  yet  announced  the  results  of  its  investigations  of  these  allegations. 

Beating  of  recruits  by  senior  conscripts,  sometimes  resulting  in  death  or  suicide 
of  the  young  soldiers,  remains  common  in  the  army,  especially  in  the  notoriously 
violent  penal  units.  Police  corruption  remains  a  serious  problem. 

Conditions  in  pretrial  detention  facilities  routinely  fail  to  meet  minimum  inter- 
national standards.  Inmates  are  sometimes  held  in  investigative  isolation  for  ex- 
tended periods  and  subjected  to  intimidation  and  mistreatment  by  jail  guards  and 
other  inmates.  Overcrowding  is  common  in  the  pretrial  and  investigative  detention 
centers.  Prison  overcrowding  led  the  Government  to  release  over  20,000  convicts 
under  a  mass  amnesty,  including  some  convicted  of  serious,  violent  crime. 

Prison  conditions  are  poor.  Despite  government  efforts  to  maintain  minimum 
international  standards  in  the  prisons  for  convicted  prisoners,  the  worsening  eco- 
nomic situation  led  to  a  further  deterioration  of  these  facilities.  Overcrowding,  poor 
sanitation,  and  inadequate  medical  care  are  all  common  problems  in  the  prisons. 

The  incidence  of  murders  by  inmates  and  forced  suicides  in  prisons  is  reportedly 
high.  In  1996  there  were  84  suicides  in  jails.  No  official  statistics  for  prison  murders 
are  available. 

The  Government  generally  permits  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  provides  that  authorities  may 
detain  a  person  suspected  of  a  crime  for  3  days  without  a  warrant.  The  Constitution 
provides  that  only  the  courts  may  issue  arrest  warrants,  but  under  its  transitional 
provisions  the  IVosecutor's  Office  retains  the  authority  to  issue  arrest  and  search 
warrants  until  2001.  An  arrest  order  must  be  issued  if  the  period  of  detention  ex- 
ceeds 3  days.  The  maximum  period  of  detention  after  charges  have  been  filed  is  18 


1363 

months,  but  the  law  does  not  limit  the  aggregate  time  of  detention  before  and  dur- 
ing the  trial.  The  law  permits  citizens  to  contest  an  arrest  in  court  or  appeal  to  the 
prosecutor. 

By  law  a  trial  must  begin  no  later  than  3  weeks  after  the  defendant  is  indicted. 
This  requirement  is  frequently  not  met  by  the  overburdened  court  system,  where 
months  may  pass  before  a  defendant  is  finally  brought  to  trial. 

The  law  stipulates  that  a  defense  attorney  be  provided  without  charge  to  the  indi- 

fent  from  the  moment  of  detention  or  the  filing  of  charges,  whichever  comes  first, 
here  are  insufficient  numbers  of  defense  attorneys  to  protect  suspects  from  unlaw- 
ful, lengthy  imprisonment  under  extremely  poor  conditions.  Although  the  concept  of 
providing  attorneys  from  the  state  system  remains  in  principle,  public  attorneys 
often  refuse  to  defend  indigents  for  the  low  government  fee.  While  in  custody  a  sus- 
pect or  a  prisoner  is  allowed  by  law  to  talk  with  a  lawyer  in  private;  however, 
numan  rights  groups  rejwrt  that  the  client-attorney  privilege  is  occasionally  denied 
by  prison  or  investigative  officials.  To  protect  the  defendant,  each  investigative  file 
must  contain  a  document  signed  by  the  defendant  attesting  tnat  the  charges  against 
him,  his  rigjit  to  an  attorney,  and  his  right  not  to  give  evidence  against  himself  or 
his  relatives,  have  been  explained  to  him,.  An  appeals  court  may  dismiss  a  convic- 
tion or  order  a  new  trial  if  this  document  is  missing.  As  defendants  increasingly  be- 
came aware  of  their  rights,  they  insisted  on  observance  of  these  procedures.  How- 
ever, many  persons  still  were  unaware  of  these  safeguards. 

Exile  as  a  punishment  no  longer  exists  in  the  law,  and  the  Government  observes 
this  prohibition. 

According  to  1996  Interior  Ministry  statistics,  of  a  total  prison  population  of 
223,000  persons,  approximately  45,000  were  held  in  pretrial  detention. 

There  were  no  reports  of  political  detainees. 

A  group  of  Parliamentarians  described  as  political  persecution  the  detention  and 
prosecution  on  criminal  charges  of  hooliganism  of  a  Parliamentary  aide  and  member 
of  the  Ukrainian  Radical  Nationalist  Group,  UNA-UNSO,  who  wrote  grafiiti  criticiz- 
ing Belarusian  President  Aleksandr  Lukashenko  during  his  1997  visit  to  Kiev. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  the  establishment 
of  an  independent  judiciary;  however,  the  judiciary  remains  subject  to  political  inter- 
ference. 

The  existing  court  system  is  divided  into  courts  of  general  jurisdiction  and  arbi- 
tration, or  commercial,  courts.  The  courts  of  general  jurisdiction  are  divided  into 
criminal  and  civil  sections.  The  courts  are  organized  on  three  levels:  rayon  (district 
or  people's)  courts,  oblast  (regional)  courts,  and  the  Supreme  Court.  There  are  742 
district  and  city  courts,  27  regional  courts,  26  military  courts,  and  one  interregional 
court.  All  may  act  as  a  court  of  first  instance  depending  on  the  nature  and  serious- 
ness of  the  crime.  A  case  heard  in  the  first  instance  by  the  Supreme  Court,  there- 
fore, may  not  be  appealed  or  overruled.  Military  courts  only  handle  cases  involving 
military  personnel. 

There  are  no  clear  rules  to  determine  which  court  first  hears  a  case. 

The  1996  Constitution  provides  for  a  restructuring  of  the  judiciary.  Justice  is  to 
be  administered  by  the  Constitutional  Court  and  general  jurisdiction  courts  with  the 
Supreme  Court  at  their  head.  The  judicial  system  is  also  to  include  local  and  ap- 
peals courts,  as  well  as  special  courts  to  be  established  by  fiiture  legislation,  headed 
by  their  respective  highest  courts.  However,  pending  formation  of  the  new  judicial 
system,  the  old  system  remains  in  place,  including  the  present  Supreme  and  Su- 
preme Arbitration  Court,  for  a  maximum  period  of  5  years,  until  2001. 

The  Parliament,  the  President,  and  the  Congress  of  Judges  each  appoint  6  of  the 
Constitutional  Court's  18  members  for  9-year  terms.  The  Court  Chairman  is  elected 
for  a  3-year  term  by  the  18  justices  from  among  their  own  ranks.  As  of  September, 
all  positions  on  the  court  were  filled.  The  Constitutional  Court  is  the  ultimate  inter- 
preter of  legislation  and  the  Constitution.  It  determines  the  constitutionality  of  leg- 
islation, of  presidential  edicts,  of  cabinet  acts,  and  of  acts  of  the  Crimean  Autono- 
mous Republic.  The  Constitutional  Court  hears  cases  at  the  request  of  the  Presi- 
dent, at  least  45  Parliamentarians,  the  Supreme  Court,  the  Parliament's  Human 
Rights  Ombudsman,  or  the  Crimean  legislature.  While  under  the  Constitution  a  citi- 
zen has  the  right  to  apply  to  any  court,  citizens  can  apply  to  the  Constitutional 
court  only  through  the  Human  Rights  Ombudsman. 

The  Constitution  strengthens  the  courts  by  establishing  the  principle  of  judicial 
review.  During  the  first  half  of  the  year,  citizens  filed  over  6,000  civil  suits  against 
the  Government,  compared  with  8,(K)0  suits  in  1996.  Most  of  these  cases  were  dis- 
putes over  unpaid  wages.  According  to  the  Supreme  Court,  citizens  win  most  such 
cases,  although  virtually  no  verdicts  are  enforced. 

The  Criminal  Procedures  Code  allows  the  following  officials  to  suspend  court  deci- 
sions: Prosecutor  General  (or  his  Deputies),  Head  of  the  Supreme  Court  (or  his  dep- 


1364 

uties),  and  heads  of  the  regional  courts  and  Kiev  municipal  court  (or  their  deputies). 
Such  suspension  is  subject  to  the  approval  by  the  presidium  of  the  regional  court 
(respectively,  Kiev  municipal  court  and  Supreme  Court).  It  is  believed  that  this  sys- 
tem induces  interference,  manipulation  ana  corruption. 

Prosecutors,  like  the  courts,  are  also  organizea  into  offices  at  the  rayon,  oblast, 
and  republic  levels.  They  are  ultimately  responsible  to  the  Prosecutor  General,  who 
is  appointed  by  the  President  and  confirmed  by  the  Parliament  for  a  5-year  term. 
Regional  and  district  prosecutors  are  appointed  by  the  Prosecutor  (}eneral.  Prosecu- 
tors and  defense  attorneys  by  law  have  et^ual  status  before  the  courts.  In  practice, 
however,  prosecutors  still  are  very  influential  because  court  proceedings  are  not  con- 
ducted in  an  adversarial  manner  and  the  procuracy,  in  its  pretrial  investigative 
function,  often  acts  in  effect  as  a  grand  jury.  A  prosecutor  directs  all  investigations 
of  the  Ministry  of  Internal  affairs  and  the  SBU,  or  he  may  use  the  investigative  re- 
sources of  his  office.  The  Constitution  considerably  curtails  the  prosecutors  author- 
ity, limiting  it  to  prosecution,  representing  the  public  interest  in  court,  oversight  of 
investigations,  and  implementation  of  court  decisions.  However,  the  transitional  pro- 
visions of  the  Constitution  allow  the  Prosecutor's  Office  to  continue  to  conduct  inves- 
tigations and  oversee  general  observance  of  the  law,  pending  the  formation  of  the 
new  pretrial  investigation  system.  In  November  the  Constitutional  Court  inter- 
preted the  Procuracy  Law,  ruling  that  citizens  can  dispute  prosecutors'  decisions  in 
court. 

Judges  are  appointed  by  the  President  for  an  initial  5-year  term,  after  which  they 
are  subject  to  parliamentary  approval  for  lifetime  tenure.  In  accordance  with  the 
Constitution,  the  Parliament  began  appointing  judges  to  lifetime  tenure  positions, 
reappointing  most  currently  serving  judges,  with  few  exceptions.  The  Parliament 
awarded  lifetime  tenure  to  433  of  the  4,719  judges  whose  terms  were  due  to  expire 
in  1997.  Over  350  of  389  judges  of  the  arbitration  (commercial)  courts  already  nad 
lifetime  tenure  under  the  1991  Arbitration  Court  Law.  Judges  are  recommended  for 
nomination  by  local  qualification  commissions  to  the  Supreme  Qualification  Com- 
mission. Judges  are  selected  for  nomination  or  dismissal  by  the  Supreme  Judicial 
Council,  which  is  also  authorized  to  discipline  judges-including  judges  of  the  Su- 
preme Court  and  Supreme  Special  Courts-and  prosecutors  for  violations  of  the  law. 
The  Supreme  Judicial  Council  consists  of  20  members  nominated  by  the  three 
branches  of  government  and  by  professional  associations  from  the  law  and  procuracy 
sectors.  It  also  includes  the  Chairman  of  the  Supreme  Court,  the  Minister  of  Justice, 
and  the  Prosecutor  (general  of  Ukraine.  The  press  reported  only  one  case  of  a  judge 
being  convicted  for  bribery.  The  Luhansk  regional  court  gave  a  suspended  sentence 
of  4  years  to  a  judge  in  the  town  of  Krasnodon  for  accepting  a  bribe  of  $1,000.  The 
Supreme  Court  upheld  the  sentence. 

Many  judges  and  prosecutors  were  appointed  during  the  Soviet  era,  when  political 
influence  pervaded  the  criminal  justice  system.  Human  rights  lawyers  claim  that 
the  judiciary  is  not  free  from  government  influence,  particularly  at  the  regional  and 
local  levels.  Judges,  prosecutors,  and  other  court  officials  appear  to  remain  closely 
attuned  to  local  government  interests.  Organized  crime  elements  are  also  widely  al- 
leged to  influence  court  decisions.  Although  statistics  are  not  available,  the  Justice 
Ministry  reports  that  this  year  some  judges  have  been  disciplined  and  dismissed. 
However,  since  independence  only  four  judges  have  been  prosecuted  on  criminal 
charges  for  bribery,  with  no  such  cases  resulting  in  a  trial.  No  higher  court  judge 
has  been  disciplined  to  date.  Criminal  elements  routinely  use  intimidation  to  induce 
victims  and  witnesses  to  withdraw  or  change  their  testimony.  The  law  requires  that 
a  special  police  unit  protect  judges,  witnesses,  defendants,  and  their  relatives.  How- 
ever, it  has  not  yet  been  formed,  and  trial  participants  are  vulnerable  to  pressure. 

Human  rights  groups  contend  that  judicial  processes  are  sometimes  affected  by 
the  biases  of  expert  advisers,  who  answer  to  government  investigative  and  prosecu- 
torial bodies. 

The  judiciary  is  inefficient  and  lacks  sufficient  staff  and  funds.  The  funds  ear- 
marked for  the  judiciary  in  the  budget  are  barely  enough  to  pay  the  judges  and  the 
staff  of  the  courts.  According  to  the  Justice  Ministiy,  some  37  percent  oi  the  courts 
are  inadequately  housed.  The  authority  of  the  judicial  system  is  also  undermined 
by  a  poor  record  of  compliance  with  court  decisions  in  civil  and  economic  cases, 
while  the  provisions  for  criminal  punishment  under  the  criminal  code  for  noncompli- 
ance with  a  court  decision  are  rarely  used. 

The  1993  In  July  the  Cabinet  decided  to  form  police  protection  units  to  provide 
security  forjudges,  defendants  and  their  relatives. 

Under  the  existing  court  system,  cases  are  decided  by  judges  who  sit  singly  (in 
principle  with  two  public  assessors),  or  in  groups  of  three  for  more  serious  cases. 
As  it  has  become  increasingly  difficult  to  find  unpaid  public  assessors  willing  to  at- 
tend a  trial,  most  cases  are  tried  by  a  single  judge.  The  Constitution  provides  for 


1365 

public,  adversarial  trials,  including  a  judge  (or  group  of  judges),  public  assessors, 
state  prosecutor,  defense  and  jury  (if  required  by  tne  law). 

The  Constitution  includes  procedural  provisions  to  ensure  a  fair  trial,  including 
the  right  of  a  suspect  or  witness  to  refuse  to  testify  against  himself  or  his  relatives. 
However,  pending  passage  of  legislation  to  implement  the  Constitution's  provisions, 
a  largely  Soviet-era  criminal  justice  system  remains  in  place.  While  the  defendant 
ia  presumed  innocent,  conviction  rates  have  changed  little  since  the  Soviet  era. 
Nearly  all  completed  cases  result  in  convictions.  Judges  frequently  send  cases  un- 
likely to  end  in  convictions  back  to  the  Prosecutor's  Office  for  "additional  investiga- 
tion. Such  cases  may  then  be  drooped  or  closed.  It  is  commonly  believed  that  sus- 
pects frequently  bribe  court  officials  to  drop  charges  before  cases  go  to  trial,  or  to 
lessen  or  commute  a  sentence.  Consequently,  conviction  rates  are  somewhat  mis- 
leading. However,  as  courts  have  become  more  independent,  the  number  of  acquit- 
tals has  increased  each  year.  In  May  the  Supreme  Court  Chairman  made  an  unprec- 
edented public  warning  to  investigative  agencies,  particularly  the  police,  against 
interfering  in  court  decisions. 

Complicated  cases  can  take  years  to  go  to  trial.  In  the  interim,  defendants  wait 
in  pretrial  detention.  The  1996  Amendment  to  the  Criminal  Procedures  Code  pro- 
vides for  bail,  but  to  date  it  rarely  has  been  used. 

According  to  Interior  Ministry  statistics,  in  comparison  with  past  years,  greater 
numbers  of  convicted  defendants  are  receiving  some  form  of  suspended  sentence,  in 
large  part  due  to  prison  overcrowding.  In  1996  about  138,(K)0  persons  received  sus- 
pended sentences,  while  the  prison  population  numbered  approximately  223,000. 

Current  members  of  Parliament,  members  of  local  councils,  and  judges  enjoy  im- 
munity from  criminal  prosecution  unless  the  Parliament,  the  respective  council,  or 
the  judiciary  authority  gives  its  consent  to  criminal  proceedings.  Consent  is  rarely 
given  in  practice. 

There  were  no  reports  of  political  prisoners.  A  human  rights  group  in 
Zaporizhzhya  called  Justice  reported  that  its  activist  Stepan  Shkarun  was  detained 
during  the  summer  on  charges  of  insulting  a  judge  while  attempting  to  expose  cor- 
ruption in  the  regional  court.  He  alleged  that  the  head  of  the  regional  court  illegally 
received  free  gas  from  a  haulage  company  in  exchange  for  a  favorable  court  ruling 
in  a  case  involving  the  company's  director.  A  human  rights  group  claims  that  while 
he  was  in  pre-trial  detention  in  Dnipropetrovsk,  Shkarun  was  oeaten  into  signing 
a  confession;  he  was  released  under  amnesty  a  month  later. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Al- 
though the  Constitution  requires  that  courts  issue  search  warrants,  this  provision 
has  not  yet  been  implemented.  During  the  transition  period,  prosecutors  are  issuing 
search  warrants.  The  SBU,  for  reasons  of  national  security,  may  conduct  intrusive 
surveillance  and  searches  without  a  warrant  with  the  consent  of  the  Prosecutor 
General.  The  Prosecutor  General's  Office  oversees  the  SBU,  but  the  extent  to  which 
it  utilizes  that  authority  to  monitor  SBU  activities  and  to  curb  excesses  by  security 
officials  is  unknown.  The  Constitution  provides  citizens  with  the  right  to  examine 
any  dossier  that  the  SBU  has  on  them  and  to  sue  for  physical  or  emotional  damages 
incurred  by  an  investigation.  The  procedure  to  implement  and  enforce  this  new  right 
have  not  yet  been  established. 

The  remnants  of  Soviet  control  mechanisms  survive  in  many  guises.  Militia  per- 
sonnel have  the  right  to  stop  vehicles  arbitrarily  and  need  no  probable  cause  to  ini- 
tiate extensive  document  checks  and  inspection  of  all  parts  of  the  vehicle.  Citizens 
who  have  committed  no  violation,  or  only  a  minor  one,  often  prefer  to  pay  a  bribe 
to  avoid  a  time-consuming  inspection.  Police  have  the  right  to  detain  a  person  for 
up  to  3  hours  to  verify  identity.  All  internal  passports  contain  a  stamp  indicating 
a  citizen's  residence  and  matrimonial  status. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  and  a  1991  law  provide  for 
freedom  of  speech  and  of  the  press;  however,  the  Government  persistently  attempts 
to  control  the  press.  The  Government  tolerates  criticism  on  a  selective  basis.  Many 
journalists  practice  self-censorship.  The  Government  largely  controls  the  broadcast 
media. 

The  print  media,  both  independent  and  government-supported,  demonstrate  a 
tendency  towards  self-censorship  on  matters  sensitive  to  the  Government  although 
this  has  been  decreasing  over  time.  The  executive  branch,  through  the  Ministry  of 
Press  and  Information,  subsidizes  the  operations  of  some  large-scale  publications. 
The  Ministry  has  warned  some  periodicals  against  fomenting  ethnic  tensions  and 
conducting  antistate  propaganda  and  has  applied  to  the  Prosecutor's  Office  to  open 
investigations  into  those  newspapers.  However,  no  newspapers  are  known  to  have 
been  prosecuted  as  a  result.  Private  newspapers  have  also  been  established  and  are 


1366 

free  to  function  on  a  purely  commercial  basis.  However,  they  practice  self-censorship 
and  are  subject  to  various  pressures  such  as  control  of  access  to  afTordable  state- 
subsidized  newsprint;  dependence  on  political  patrons  who  may  facilitate  financial 
support  from  the  State  Press  Support  Fund;  close  scrutiny  from  government  offi- 
cials, especially  at  the  local  level;  and  politically  motivated  visits  by  tax  inspectors. 
In  April  the  President  issued  a  decree  on  support  of  the  press  that  requires  tne  Cab- 
inet to  draw  up  a  list  of  publications  needing  government  support,  including  those 
whose  founders  include  central  and  local  governments,  public  organizations,  associa- 
tions, unions,  educational  institutions,  and  newspaper  employees.  The  ioumalistic 
community  believes  that  this  decree  was  intended  to  support  loyal  menibers  of  the 
press.  The  dependence  of  the  subsidized  and  private  press  on  the  Government's  pa- 
tronage particularly  inhibited  criticism  of  the  Government  on  the  local  level.  For- 
eign-owned newspapers  are  permitted  and  foreign  periodicals  circulate  freely. 

The  broadcast  media  remain  largely  under  state  ownership.  They  are  managed  by 
the  State  Committee  on  Television  and  Radio  (Derzhteleradio),  whose  head,  accord- 
ing to  the  new  Constitution,  is  appointed  by  the  President  and  confirmed  by  Par- 
liament. The  President  and  the  Parliament  each  appoint  half  of  the  members  to  the 
regulatory  board  for  broadcasting,  the  National  Council  for  Television  and  Radio 
Broadcasting,  which  issues  broadcasting  licenses  and  allocates  broadcasting  time. 
The  law  entitles  private  and  foreign  companies  to  establish  and  operate  their  own 
transmission  facilities,  provided  that  they  obtain  a  license  from  the  National  Coun- 
cil. A  news  program  tnat  covers  domestic  political  developments,  notably  Vikna 
(Windows)  has  fended  off  attempts  by  Derzhteleradio  to  preview  and  revise  the  con- 
tent of  their  programs.  In  April  allegedly  under  pressure  from  the  parliamentary 
leadership,  the  National  Television  and  Radio  Broadcasting  Council  ordered  the 
state-owned  channel  UT-2  to  suspend  the  broadcasting  of  Pislyamova  after  it  broad- 
cast a  report  that  was  critical  oi  the  Conmiunist  regime  in  Cuba  at  the  time  of  a 
Ukrainian  parliamentary  delegation's  trip  to  Cuba.  The  program  was  suspended  but 
was  permitted  to  resume  broadcasting  a  short  time  later,  after  public  protests  and 
the  intervention  of  the  President.  In  December,  citing  increasing  political  pressure, 
Pislvamova  decided  to  cease  broadcasting  for  the  election  period. 

The  Committee  for  Protection  of  State  Secrets  enjoys  broadly  defined  powers  over 
all  media.  According  to  ioumalists,  it  has  not  interfered  with  the  practice  of  their 
crafl.  There  is  a  comprehensive,  specific  regulation  on  state  secrets  whose  publica- 
tion is  prohibited.  In  May  the  Cabinet  adopted  a  regulation  that  further  defined 
state  secrets  to  include  information  on  executions,  the  state  of  prisons,  pretrial  de- 
tention blocks,  and  centers  for  the  forcible  treatment  of  alcoholics.  Article  125  of  the 
Criminal  Code  prescribes  imprisonment  of  up  to  5  years  for  libel.  There  is  no  known 
separate  regulation  regarding  public  officials  (except  for  the  President).  A  criminal 
case  was  opened  against  Crimean  journalist  Tatyana  Korobova  on  charges  of  libel- 
ing Crimean  parliamentarian  Lev  Mirimskiy  who  objected  to  her  writing  about  his 
criminal  connections.  Article  7  of  the  Civil  Code  allows  anyone,  including  public  offi- 
cials, to  sue  for  damages  if  circulated  information,  including  a  publication,  is  untrue 
or  if  it  insults  a  person's  honor  or  dignity.  Journalists  complain  that  the  law  is  bi- 
ased against  them  because  it  does  not  limit  damages. 

An  editor  of  the  newspaper  Opositsiya,  Ivan  Makar,  was  given  a  2-year  suspended 
sentence  in  1996  for  libeling  the  President  and  his  staff.  Although  he  appealed  the 
court  decision,  this  year  the  higher  court  confirmed  the  sentence.  The  newspaper 
was  closed  by  order  of  a  Kiev  court  for  publishing  caricatures  of  the  President  and 
his  staff.  Its  equipment  was  confiscated. 

Reporting  on  organized  crime  and  corruption  in  the  Government,  including  mis- 
conduct by  selected  high-ranking  cabinet  and  administration  officials,  is  becoming 
increasingly  bold.  Journalists  contend  that  they  have  been  subjected  to  threats,  in- 
cluding the  threat  of  arrest,  and  violent  assaults  for  aggressively  reporting  on  crime 
and  ofncial  corruption. 

The  journalistic  community  links  the  deaths  of  two  prominent  journalists  to  their 
journalistic  investigations.  In  March  a  Kievskiye  Vedomosti  corespondent  from 
Luhansk,  Petro  Shevchenko,  was  found  hanged  at  a  remote  water  heating  facility 
in  Kiev  shortly  after  he  arrived  in  Kiev  to  visit  the  paper's  headquarters.  In  August 
in  Odesa  the  editor  of  the  newspaper  Vechernaya  Odesa  was  shot  and  killed  on  his 
way  to  work  by  a  gunman;  the  editor's  assailant  was  arrested  later  by  police.  Jour- 
nalists believe  that  a  large  percentage  of  the  42  crimes  committed  against  the  press 
community  in  1996  and  the  first  half  of  1997  was  linked  to  their  professional  activi- 
ties. A  number  of  correspondents  claim  that  they  were  beaten  up  or  threatened  in 
retaliation  for  their  critical  publications.  Following  parliamentary  hearings  on  free- 
dom of  speech  in  April,  police  authorities  pledged  to  better  protect  journalists. 

Journalists  complain  that  the  vaguely  worded  libel  and  defamation  article  of  the 
Criminal  Code  is  oiased  against  the  press,  because  it  sets  no  limit  on  damages  for 


1367 

libel  or  defamation.  The  popular  newspaper  Kiyevskiye  Vedonosti  was  ordered  to 

f)ay  the  metropolitan  authorities  over  $400,000  (750,000  hryvnas)  for  an  allegedly 
ibelous  article  about  the  mayor  of  Kiev.  A  libel  case  was  opened  against  a  journalist 
in  Crimea  for  writing  about  the  criminal  connections  of  a  member  of  the  Crimean 
legislature,  although  she  presented  the  police  with  documents  in  support  of  her  alle- 
gations. The  case  was  dropped  only  after  the  local  journalistic  community  appealed 
to  the  President.  In  June  police  confiscated  equipment  of  the  Vechemiy  Sevastopol 
newspaper  in  Crimea  after  it  accused  the  local  mayor  of  corruption  and  criticized 
the  city  court.  The  editor  of  the  paper  was  sentenced  to  10  days  in  jail  for  refusing 
to  publish  an  apology,  but  was  released  after  journalists'  protests.  An  owner  of  the 

fiopular  newspaper  Kiyevskiye  Vedonosti  claimed  that  unremitting  investigations  by 
aw  enforcement  agencies,  including  tax  police  inspectors,  into  his  concern's  oper- 
ations were  linked  to  the  newspaper's  reports  about  alleged  abuse  of  office  by  the 
Minister  of  Internal  Affairs  and  chief  of  staff  of  the  presidential  administration. 

The  newspaper  Region  complained  of  massive,  politically-motivated  tax  police  in- 
vestigations in  March  and  April,  following  the  publication  of  an  article  accusing  the 
thenJMme  Minister  of  establishing  a  monopoly  on  supplies  of  natural  gas  to 
Ukraine. 

In  April  the  Cabinet  of  Ministers  instructed  the  Finance  Ministry  to  launch  a 
sweeping  inspection  into  private,  nongovernmental  media  activities,  including  doz- 
ens of  newspaper,  television,  radio  and  publishing  companies.  The  inspection  was 
canceled  after  protests  by  the  public  and  the  Parliament. 

In  February  a  group  of  parliamentarians  protested  against  the  Rada  secretariat's 
refusal  to  give  accreditation  to  two  correspondents  of  the  newspaper  Ukrayina 
Moloda,  which  was  known  for  its  critical  reports  about  the  Parliament.  In  June  the 
Parliamentary  press  service  stripped  a  commentator  of  the  television  program  "Ac- 
cents" of  his  parliamentary  accreditation  because  of  his  allegedly  critical  remarks 
about  the  Parliament  and  its  leadership. 

While  major  universities  are  state  owned,  they  ostensibly  operate  under  full  au- 
tonomy. Academic  freedom  within  universities,  however,  is  an  underdeveloped  and 
poorly  understood  concept.  Nepotism  and  bribery  are  reportedly  common  during  en- 
trance exams.  Administrators  of  universities  and  many  academic  and  research  insti- 
tutions possess  the  power  to  silence  professors  and  scientists  with  whom  they  dis- 
agree by  denying  them  the  possibility  to  publish,  or  more  directly  by  withholding 
pay,  housing  benefits,  or  by  terminating  their  appointments.  This  atmosphere  tends 
to  limit  the  spirit  of  free  inquiry. 

Human  rights  groups  report  the  State  Secrets  Committee  continues  to  maintain 
special  censorship  offices  in  state  scientific  and  research  institutes  including  those 
not  conducting  classified  research.  In  September  in  an  interview  with  the  weekly 

f»aper  Zerkalo  Nedeli,  the  head  of  the  State  Secrets  Committee  stated  that  these  oi- 
ices  should  remain  in  such  institutes  because  of  the  increasing  activities  of  foreign 
companies  in  Ukraine.  Restrictions  by  the  Communications  Ministry  on  the  mailing 
of  scientific  documents  have  also  caused  concern.  Several  private  and  religiously  af- 
filiated universities  have  been  founded  (or  reestablished)  since  independence;  all  op- 
erate without  any  reported  interference  or  harassment  by  the  State. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  the  right 
of  assembly,  and  the  (government  generally  respects  this  right  in  practice.  The  re- 
strictive Law  on  I^ublic  Assembly  of  1989  circumscribes  the  freedom  of  assembly  by 
stipulating  that  organizations  must  apply  for  permission  to  their  respective  local  ad- 
ministration at  least  10  days  before  a  planned  event  or  demonstration.  The  Con- 
stitution requires  that  demonstrators  merely  inform  the  authorities  of  a  planned 
demonstration  in  advance.  However,  authorities  insist  that  all  demonstrations  meet 
the  restrictive  requirements  of  the  1989  law.  Under  the  1989  law,  participants  in 
demonstrations  are  prohibited  from  inciting  violence  or  ethnic  conflict  and  from  call- 
ing for  the  violent  overthrow  of  the  constitutional  order.  Demonstrators  may  not 
interfere  with  traffic,  obstruct  the  work  of  government  bodies  or  enterprises,  or  oth- 
erwise hinder  public  order.  In  practice  unlicensed  demonstrations  are  common  and 
most  occur  witnout  police  interference.  A  leader  of  the  Republican  Party  was  pros- 
ecuted in  the  winter  in  Kiev  for  staging  a  demonstration  outside  the  Russian  Em- 
bassy, although  the  party  had  informed  the  authorities  of  the  demonstration  in  ad- 
vance. The  protracted  trial  of  Leopold  Taburiansky,  a  leader  of  the  People's  Party 
who  spent  several  months  in  the  pretrial  detention  in  1996,  continues  in 
Onipropetrovsk.  Taburiansky  is  charged  with  repeatedly  organizing  demonstrations 
without  a  permit  on  behalf  of  duped  clients  of  pyramid  schemes. 

The  Constitution,  law,  and  government  regulations  impose  significant  limits  on 
freedom  of  association,  and  the  Government  uses  onerous  registration  requirements 
to  circumscribe  this  right.  The  Constitution  prohibits  the  establishment  of  parties 
and  organizations  that  advocate  the  elimination  of  Ukrainian  independence  or  the 


1368 

violent  overthrow  of  the  Government  and  of  the  constitutional  order;  that  jeopardize 
Ukraine's  sovereignty  or  territorial  integrity;  that  undermine  its  security;  that  fo- 
ment ethnic,  racial,  or  religious  hatred;  that  violate  individual  rights  and  liberties; 
or  that  jeopardize  public  health.  The  Government  enacted  a  regulation  imposing 
limitations  on  the  establishment  of  political  parties  that  are  not  sufficiently  region- 
ally represented.  The  requirement  to  have  representatives  in  at  least  half  the 
oblasts  of  the  country  as  a  prereqruisite  for  registration  as  a  political  party  nega- 
tively affects  primarily  Russian  and  Crimean  Tatar  organizations  in  Crimea. 

The  1992  Law  on  Public  Organizations  prohibits  the  State  from  financing  political 
parties  and  other  public  organizations.  According  to  the  law,  political  parties  may 
not  receive  funds  from  abroad  or  maintain  accounts  in  foreign  banks.  It  bars  politi- 
cal parties  from  having  administrative  or  organizational  structures  abroad.  The  law 
prohibits  police  authorities,  members  of  the  SBU,  and  armed  forces  personnel  from 
joining  political  parties.  The  Constitution  also  prohibits  establishment  of  political 
party  organizations  in  the  executive  and  judicial  branches,  military  units,  state- 
owned  enterprises,  educational,  and  other  public  institutions.  Many  members  of 
such  bodies  nonetheless  publicly  associate  themselves  with  specific  parties. 

By  law,  the  Ministry  of  Justice  has  the  authority  to  warn  or  fine  a  political  party 
for  illegal  activities  or  to  temporarily  suspend  its  activities  for  up  to  3  months,  pro- 
vided that  the  Prosecutor's  Office  has  determined  that  the  party  has  violated  the 
Law  on  Public  Organizations.  Suspensions  may  be  extended  for  6  months  upon  the 
Ministry's  request. 

Freedom  oi  association  also  is  circumscribed  by  a  registration  requirement  that 
lends  itself  to  abuse  and  bureaucratic  manipulation.  Groups  must  be  registered  with 
the  Government  to  pursue  almost  any  purpose,  whether  commercial,  political,  or 

Shilanthropic.  The  Ministries  of  Interior,  Justice,  Economy,  and  Foreign  Economic 
delations,  as  well  as  the  Committees  on  Religion  and  Broadcasting,  all  have  reg- 
istration functions,  which  have  been  used  to  prevent  citizens  from  exercising  their 
right  of  free  association. 

Lack  of  registration  has  several  important  disadvantages.  Unregistered  groups 
are  prohibited  from  having  bank  accounts,  acquiring  property,  or  entering  into  con- 
tracts. The  registration  law  gives  the  Government  an  unlimited  right  to  inspect  the 
activities  of  afl  registered  groups.  According  to  this  law  a  registered  group  must:  1) 
keep  the  Government  apprised  of  all  its  activities,  including  notification  of  any 
meetings;  2)  make  its  meetings  open  to  all  persons  at  all  times,  regardless  of  wheth- 
er or  not  they  are  members;  and  3)  upon  request,  present  its  registration  documents 
to  any  government  official,  including  the  Prosecutor's  Office,  and  be  ready  to  prove 
that  its  activities  are  in  compliance  with  its  charter.  A  change  in  the  group's  charter 
necessitates  re  registration.  A  registered  group  may  not  duplicate  any  function  or 
service  that  the  Government  is  expected  to  provide.  For  example,  human  rights  law- 
yers who  wish  to  represent  prisoners  are  prohibited  from  estaolishing  an  association 
because  the  Government  is  required  by  the  Constitution  to  provide  lawyers  for  the 
accused. 

c.  Freedom  of  Religion. — The  Constitution  and  the  1991  Law  on  Freedom  of  Con- 
science and  Religion  provide  for  separation  of  church  and  state  and  permit  religious 
organizations  to  establish  places  of^  worship  and  to  train  clergy.  The  Government  re- 
spects these  rights  in  practice.  However,  a  1993  amendment  restricts  the  activities 
of  nonnative  religious  organizations.  Religious  organizations  are  required  to  register 
with  local  authorities  and  with  the  Government  s  Committee  for  Keligious  AiTairs, 
a  process  that  generally  t£ikes  about  1  month. 

A  1993  amendment  to  the  1991  religion  law  restricts  the  activities  of  nonnative 
religious  organizations,  narrowly  defining  the  activities  of  members  of  the  clergy, 
preachers,  teachers,  and  other  foreign  citizen  representatives  of  foreign  organiza- 
tions. They  may  preach,  administer  religious  ordinances,  or  practice  other  canonical 
activities  only  in  those  religious  organizations  which  invited  them  to  Ukraine  and 
with  official  approval  of  the  governmental  body  that  registered  the  statutes  and  the 
articles  of  the  pertinent  religious  organization.' 

Some  local  officials  have  impeded  the  activities  of  foreign  religious  workers.  For 
example,  in  August  local  officials  in  Odesa  curtailed  the  visas  oT  two  foreign  Mor- 
mon missionaries,  arguing  that  they  did  not  have  permission  to  operate  in  Odesa. 
The  missionaries  left  voluntarily  but  plan  to  challenge  the  law  in  court.  All  regional 
administrations  have  departments  responsible  for  registration  of  various  denomina- 
tions and  religious  groups  and  for  supervision  of  compliance  with  the  Law  on  the 
Freedom  of  Conscience  and  Religion. 

Government  mediation  failed  to  break  a  deadlock  in  the  ongoing  dispute  among 
competing  Orthodox  Christian  administrative  bodies  claiming  to  be  "the  Ukrainian 
Orthodox  Church."  In  July  leaders  of  major  religious  denominations  and  churches 
in  Ukraine  signed  a  government-drafted  memorandum  on  the  nonviolent  resolution 


1369 

of  religious  disputes.  The  Government  has  been  unable  to  stop  disagreements  be- 
tween the  Orthodox  believers  and  Greek  Catholics  in  western  Ukraine,  where  the 
two  conrmiunities  are  contentious  and  often  engage  in  bitter  disputes  over  church 
buildings  and  property  in  over  600  localities.  The  Kiev  Patriarchate  of  the  Orthodox 
Church  complains  of  harassment  by  local  authorities  in  predominantly  Russian- 
speaking  eastern  Ukraine,  while  the  Moscow  Patriarchate  of  the  Orthodox  Church 
complains  that  local  governments  turn  a  blind  eye  to  the  appropriation  of  their 
churches  in  Ukrainian-speaking  western  Ukraine  by  Ukrainian  nationalists.  The 
Moscow  Patriarchate  protested  against  the  decision  in  June  of  the  municipal  council 
in  Kiev  to  hand  over  most  buildings  of  its  Pecherska  Lavra  monastery  to  the  Kiev 
Patriarchate,  and  described  it  as  unwarranted  state  interference  in  religious  affairs. 
The  transfer  had  not  been  carried  out  at  year's  end. 

The  Government  has  moved  to  reduce  houses-of-worship  utility  fees  and  rental 
payments,  to  exempt  them  from  the  land  tax,  to  expedite  allotment  of  land  plots  for 
construction  of  new  ones,  and  to  return  religious  buildings  to  their  former  owners. 
Implementation  of  a  1992  decree  on  restitution  of  religious  community  property 
seized  during  the  Soviet  era  remains  stalled  in  many  places.  Jewish  congregations 
in  33  towns  and  cities  have  negotiated  successfully  with  local  authorities  for  worship 
space.  In  1996  a  Kiev  arbitration  court  decided  in  favor  of  transferring  the  title  of 
the  former  Kiev  Central  Synagogue,  which  in  Soviet  times  was  used  as  a  puppet 
theater,  to  a  Chabad  Hasidic  congregation.  By  December  the  puppet  theater  had  va- 
cated the  synagogue.  The  decision  sets  an  important  precedent  for  the  judiciary's 
role  in  religious  property  restitution.  The  Government  has  expanded  already  signifi- 
cant efforts  to  ensure  that  pilgrims  of  the  Bratslav  Hasidic  sect  are  able  to  visit  the 
tomb  of  their  founding  rabbi  in  the  city  of  Uman  on  the  occasion  of  the  Jewish  New 
Year.  Representatives  of  the  sect,  a  local  Jewish  community  organization,  and  the 
local  government  reached  an  agreement  in  1996  to  build  a  synagogue  at  the  site. 

In  August  two  of  three  jailed  leaders  of  the  "White  Brotherhooa'  religious  cult 
were  released  under  a  mass  amnesty.  In  1996  they  were  sentenced  to  jail  terms 
ranging  from  4  to  7  years  (on  charges  of  sta^ng  mass  disorder  and  resisting  au- 
thorities) for  their  involvement  in  the  1993  seizure  of  St.  Sofia's  Cathedral  in  Kiev, 
which  resulted  in  a  violent  clash  with  police. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Freedom  of  movement  within  the  country  is  not  restricted  by  law.  How- 
ever, regulations  impose  a  nationwide  requirement  to  register  at  the  workplace  and 
fdace  of  residence  in  order  to  be  eligible  for  social  benefits,  thereby  complicating 
reedom  of  movement  by  limiting  access  to  certain  social  benefits  to  the  place  where 
one  is  registered.  People  moving  to  other  regions  for  work  in  the  private  sector,  for 
instance,  may  be  denied  formal  access  to  free  medical  care  and  other  services  pro- 
vided by  the  State.  Residence  without  registration  carries  a  fine  under  the  adminis- 
trative code,  but  this  provision  is  rarely  enacted.  The  Parliament  scrapped  the  labor 
code  requirement  of  a  mandatory  local  residence  registration  for  employment.  The 
Government  has  not  yet  fulfilled  its  pledge  to  abolish  mandatory  registration  and 
to  replace  it  with  an  informational  residence  register. 

Persons  born  in  Ukraine  and  living  in  Ukraine  at  the  time  of  independence  are 
considered  citizens.  Dual  citizenship  is  not  recognized.  The  amended  citizenship  law 
encourages  the  existence  of  a  multi-ethnic  country.  The  law  provides  the  right  to 
Ukrainian  citizenship  for  all  individuals  who  were  bom  or  lived  in  Ukraine  before 
independence  and  to  their  descendants  who  lived  outside  Ukraine  as  of  November 
13,  1991.  In  order  to  be  eligible,  persons  must  not  be  citizens  of  other  countries,  and 
must  submit  their  application  by  the  year  2000.  The  amended  law  also  provides  the 
right  to  citizenship  lor  deported  victims  of  political  oppression  like  the  Crimean  Ta- 
tars. Refugees  can  acquire  Ukrainian  citizenship  ii  they  have  lived  legally  in 
Ukraine  for  5  years.  The  conditions  for  Ukrainian  citizenship  are:  honoring  the  Con- 
stitution and  law;  not  being  a  citizen  of  another  state;  permanent  residence  in 
Ukraine  for  the  past  5  years;  an  ability  to  communicate  in  Ukrainian;  and  provi- 
sions for  a  legal  source  of  income.  Since  independence  over  1.5  million  Ukrainians 
have  returned  to  Ukraine,  while  over  1  million  people,  mostly  ethnic  Russians,  have 
left  the  country. 

Citizens  who  wish  to  travel  abroad  are  able  to  do  so  freely,  although  exit  visas 
are  still  required  for  most  citizens.  The  Government  may  deny  passports  to  individ- 
uals with  access  to  state  secrets,  but  a  denial  can  be  appealed. 

The  Government  has  not  supported  a  foreign-funded  program  to  facilitate  the 
travel  to  Ukraine  of  some  emigrants  who  qualify  for  resettlement  as  refugees.  Ap- 
proximately 260,000  Crimean  Tatars  have  returned  from  exile  to  Crimea,  mainly 
from  Central  Asia.  Crimean  Tatar  leaders  have  complained  that  their  community 
has  not  received  adequate  assistance  in  resettling  and  that  an  onerous  process  of 
acquiring  citizenship  has  excluded  many  of  them  irom  participating  in  elections  and 


1370 

from  the  right  to  take  part  in  the  privatization  of  land  and  state  assets.  A  May 
amendment  to  the  citizenship  law  waives  some  of  the  usual  residence  and  language 
requirements  for  returning  deportees.  This  expedited  procedure  of  acquiring  citizen- 
ship by  the  deported  victims  of  political  oppression  should  facilitate  the  acquisition 
of  citizenship  by  Crimean  Tatars.  The  1997  amendments  to  the  Citizenship  Law 
allow  deported  people,  including  Crimean  Tatars,  to  acquire  Ukrainian  citizenship 
without  a  mandatory  5-year  term  of  residence  in  Ukraine  and  without  Ukrainian 
language  proficiency.  As  with  any  other  would-be  citizens,  Crimean  Tatars  are  re- 
Quired  to  provide  omcial  documents  from  their  country  of  residence  confirming  that 
they  no  longer  are  citizens  of  that  country.  Under  the  law  of  Uzbekistan  (from  which 
most  Tatars  arrive),  this  procedure  can  take  up  to  1  year.  According  to  Crimean 
Tatar  representative  Refat  Chubarov,  of  some  260,000  (247,000  according  to  MVD 
statistics)  Crimean  Tatar  repatriates,  over  70,000  (64,000  according  to  MVD  statis- 
tics) are  not  currently  citizens  of  Ukraine. 

Ukraine  is  not  a  party  to  the  1951  United  Nations  Convention  relating  to  the  Sta- 
tus of  Refugees  or  its  1967  Protocol.  Its  treatment  of  refugees  is  governed  by  the 
1993  Law  on  Refugees,  which  entitles  refugees  to  all  the  benefits  accorded  to  citi- 
zens. According  to  international  observers,  the  Government  has  demonstrated  a 
positive  attitude  toward  those  claiming  refugee  status.  Refugee  status  is  initially 
given  for  a  3-month  term  and  subject  to  furtner  extension.  By  October  there  were 
2,020  oflicially  registered  refugees  (80  percent  of  the  total  are  Afghans).  A  commit- 
ment has  been  made  to  award  refugee  status  to  all  Afghans  who  arrived  in  Ukraine 
before  1995.  Under  the  new  citizenship  law,  legally  registered  refugees  can  apply 
for  Ukrainian  citizenship  after  5  years  of  permanent  residence.  Under  the  Refugee 
Law,  refugees  are  entitled  to  material  assistance,  but  there  is  no  money  in  the  badly 
strained  national  budget  for  this  purpose.  In  cooperation  with  the  U.N.  High  Com- 
missioner for  Refugees  (UNHCR),  the  Government  established  a  refugee  receiving 
center  for  200  people  in  Vinnytsya,  and  it  plans  to  open  another  center  in  Luhansk. 
Instances  of  police  harassment  of  certain  categories  of  refugees  appear  to  have  di- 
minished during  the  year.  According  to  the  State  Committee  for  Nationalities  and 
Migration,  there  is  a  first  asylum  policy  under  the  law.  There  have  been  no  reports 
of  Torcible  deportation  of  asylum  seekers  or  refugees.  The  press  has  reported  that 
tens  of  thousands  of  illegal  migrants  live  in  Ukraine  for  years  with  forged  docu- 
ments. There  were  no  reports  of  persons  forced  to  return  to  countries  where  they 
feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  exercised  this  right  in  1994,  when  they  elected  a  new  president  and  a 
new  parliament  that  represented  a  wide  range  of  parties  and  ideologies.  During  par- 
liamentary by-elections  at  the  beginning  of  1997,  human  rights  groups  received  com- 
plaints of  irregularities,  especially  in  rural  constituencies.  Parliamentary  elections 
are  scheduled  for  March  1998. 

OUia  Kolinko,  a  deputy  Prosecutor  general  and  anticorruption  campaigner,  unsuc- 
cessfully appealed  the  Central  Election  Commission's  decision  to  invalidate  the  re- 
sults of  the  1996  by-election  in  Lviv  that  she  won.  She  claimed  that  the  decision 
was  politically  motivated.  According  to  the  new  Constitution,  the  Central  Election 
Commission,  not  the  Parliament,  is  to  decide  the  ultimate  validity  of  future  election 
results. 

Women  are  active  in  political  life  but  hold  a  disproportionately  small  percentage 
of  offices.  Women  hold  19  of  the  450  seats  in  Parliament.  Only  two  women  hold  min- 
isterial posts.  The  18-member  Constitutional  Court  has  two  female  members. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Government  allowed  local  and  international  human  rights  groups  to  operate 
freely.  Amnesty  International  and  the  U.S.-Ukrainian  Human  Rignts  Bureau  mon- 
itor human  rights.  The  Government  has  welcomed  visits  by  foreign  human  rights 
organizations. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 
The  new  Constitution  prohibits  discrimination  on  the  basis  of  race,  sex,  and  other 

g'ounds;  however,  due  in  part  to  the  absence  of  an  effective  judicial  system,  the 
ovemment  has  not  been  able  to  enforce  effectively  many  of  these  provisions. 
Soctetal  anti-Semitism  exists.  The  (jovernment  has  not  prosecuted  anti-Semitic  acts 
under  the  Law  Forbidding  the  Sowing  of  Interethnic  Hatred.  The  Government  also 
has  not  prosecuted  those  responsible  for  sexual  discrimination.  Human  rights  ex- 
perts also  note  that  the  police  frequently  harass  dark-skinned  young  men. 


1371 

Women. — While  comprehensive  information  measuring  the  extent  of  violence 
against  women  is  not  readily  available,  survey  results  suggest  that  the  problem  is 
pervasive.  The  number  of  reported  rapes  and  attempted  rapes  has  increased  by  80 
percent  over  recent  years.  Surveys  indicate  that  most  women  who  have  been  sub- 
jected to  physical  abuse  or  rape  never  report  it  to  the  police.  A  1995  poll  of  600 
women  conducted  by  a  women's  organization  in  Khariiiv  indicated  that  10  to  15  per- 
cent had  been  raped  and  over  25  percent  subjected  to  physical  abuse  over  the  course 
of  their  lifetimes.  Hot  lines,  shelters,  and  other  practical  support  for  victims  of  do- 
mestic violence  are  practically  nonexistent. 

Separate  statistics  on  prosecutions  for  wife  beating  or  on  average  sentences  are 
not  available.  Government  representatives  have  acknowledged  that  when  violence 
occurs  the  authorities  often  exert  pressure  on  women  to  drop  charges  against  their 
husbands  in  order  to  preserve  the  family.  The  low  official  incidence  of  reported 
crimes  against  women  is  mirrored  by  the  lack  of  media  attention  to  the  subject. 
Many  women's  groups  place  a  high  priority  on  the  issue  but  find  it  a  difficult  prob- 
lem to  combat. 

Sexual  trafficking  in  women  to  Western  and  Central  Europe,  Turkey,  and  the 
Middle  East  is  reportedly  common.  Press  reports  place  the  number  of  women  being 
trafficked  in  the  tJiousands.  The  Government  is  only  beginning  to  address  the  prob- 
lem. The  authorities  rarely  prosecute  men  for  engaging  women  in  the  explosively 
growing  sector  of  sexually  exploitative  work.  Nongovernmental  organizations  claim 
that  the  militia  receive  bribes  in  return  for  ignoring  this  problem. 

Labor  law  provides  for  equal  rights  for  men  and  women,  including  equal  pay  for 
equal  work,  a  principle  that  is  generally  observed.  The  Government  has  adopted  a 
controversial  program  aimed  at  reducing  women's  involvement  in  hard  labor  and 
hazardous  inaustries  in  conformity  with  a  constitutional  provision  to  safeguard 
women  from  hard  labor.  The  Labor  Code  and  the  Law  on  Protection  of  Motherhood 
and  Childhood  prohibit  women's  labor  at  hard  and  hazardous  jobs.  For  example,  the 
law  prohibits  women  from  working  in  jobs  that  would  require  them  to  lift  more  than 
25  pounds  at  a  time.  However,  the  law  is  poorly  enforced.  According  to  human 
rights  groups,  women  commonly  perform  difficult  and  hazardous  labor,  and  manage- 
ment enforces  the  law  only  as  necessary  to  lay  off  or  fire  female  workers.  Many 
women's  rights  advocates  fear  that  it  may  be  used  to  bar  women  from  the  best  pay- 
ing blue-collar  jobs.  Women  are  much  more  likely  to  be  laid  off  than  men.  Govern- 
ment statistics  report  that  57.7  percent  of  all  registered  unemployed  persons  are 
women,  and  it  is  estimated  that  women  represent  up  to  90  percent  of  all  newly  un- 
eniployed  persons. 

Few  women  attain  top  managerial  positions  in  state  and  private  industry.  Accord- 
ing to  government  statistics,  69.2  percent  of  the  country's  213,000  state  administra- 
tion jobs  are  held  by  women,  including  45.2  per  cent  of  the  managerial  positions. 
However,  of  the  highest  "first"  and  "second"  category  offices,  only  5.6  percent  in 
central  or  local  governments  are  filled  by  women.  (These  numbers  do  not  include 
the  "power  ministries" — the  Ministries  of  Defense,  Internal  Affairs,  Foreign  Affairs, 
and  the  SBU  which  has  substantially  more  male  employees  at  all  levels.)  Edu- 
cational opfxirtunities  for  woman  have  generally  been,  and  continue  to  be,  equal  to 
those  enjoyed  by  men. 

Women  with  children  under  age  15  are  entitled  to  2  additional  days  of  annual  va- 
cation. By  law,  pregnant  women  and  mothers  with  small  children  enjoy  paid  mater- 
nity leave  until  their  children  reach  the  age  of3.  This  benefit  is  a  disincentive  for 
eniployers  to  hire  women  from  responsible  or  career  track  jobs. 

Children. — The  Government  is  publicly  committed  to  the  defense  of  children's 
rights.  Because  of  the  deepening  economic  crisis,  however,  it  is  struggling  to  imple- 
ment its  agenda.  Public  education  for  children  is  compulsory  to  the  age  of  15.  In 
principle,  tJiere  is  free  health  care  for  children  affected  by  the  Chornobyl  nuclear 
accident.  Because  of  the  worsening  economic  crisis  and  fraud  committed  by  local  of- 
ficials, roughly  3,000  kindergartens  have  been  closed  in  recent  years. 

Public  concern  over  the  fate  of  children  adopted  by  foreigners  triggered  an  amend- 
ment to  the  adoption  law  providing  for  thorough  court  examination  of  each  case  and 
follow-up  monitoring  of  the  children's  well-being. 

In  April  the  All-Ukrainian  Committee  for  Protection  of  Children  released  survey 
results  revealing  that  every  fifth  or  sixth  child  of  both  sexes  under  18  suffers  from 
sexual  harassment  (including  every  third  girl),  and  every  tenth  girl  is  raped.  The 
low  priority  the  public  and  the  government  attaches  to  children's  rights  is  reflected 
in  the  absence  oi  groups  aggressively  promoting  children's'  rights.  For  example,  the 
widely  acknowledged  problem  of  growing  violence  and  crime  in  and  outside  schools, 
especially  the  notoriously  violent  vocational  schools,  is  largely  ignored  by  the  public 
and  the  Government. 


1372 

People  With  Disabilities. — The  law  prohibits  discrimination  against  the  disabled, 
but,  especially  with  the  economic  crisis,  the  Government  has  been  unable  to  support 
programs  targeted  at  increasing  opportunities  for  the  disabled.  The  law  mandates 
access  to  buildings  for  the  disabled,  but  it  is  poorly  enforced. 

Religious  Minorities. — Jews,  the  second  largest  religious  minority  in  the  country, 
have  expanded  opportunities  to  pursue  their  religious  and  cultural  activities.  Anti- 
Semitism  continues  to  exist  on  an  individual  basis  but  is  virtually  nonexistent  at 
the  official  level.  Some  Ukrainian  and  American  Jewish  organizations  continue  to 
urge  the  Government  to  speak  out  more  forcefully  against,  and  prosecute  cases  of, 
anti-Semitism.  There  are  ireely  operating  Jewish  cultural  centers  and  educational 
institutions,  including  several  colleges.  However,  some  ultranationalist  Ukrainian 
groups  continued  to  circulate  anti-Semitic  tracts.  Anti-Semitic  articles  continued  to 
appear  in  a  few  local  newspaj)ers,  especially  in  western  Ukraine  and  Kiev.  The  Lviv 
newspaper  Za  Vilnu  Ukrayinu  and  the  Kiev-based  Vechimyy  Kyyiv  publish  anti-Se- 
mitic diatribes.  Article  66  of  the  Criminal  Code  prescribes  up  to  3  years'  imprison- 
ment or  1  year  of  corrective  labor,  or  a  fine  for  fomenting  interethnic  hatred;  the 
Law  on  the  Print  Media  and  the  Law  on  Television  and  Radio  also  prohibit  foment- 
ing interethnic  hatred.  Jewish  groups  report  that  anti-Semitic  incidents  continued 
in  some  regions.  The  Israeli  cultural  center  in  Kharkiv  was  firebombed  in  February. 
The  Israeli  Embassy  reported  that  the  police  were  cooperative.  An  Arab  organiza- 
tion has  claimed  responsibility,  although  the  police  have  not  yet  identified  a  suspect. 
Several  Jewish  cemeteries  were  vandalized.  The  legacy  of  post-1940  demolition  of, 
or  construction  on,  Jewish  cemeteries,  both  by  Nazi  occupiers  and  by  the  Soviet  Gov- 
ernment, continued  during  the  year.  In  many  instances  Ukrainian  officials  inherited 
cases  of  Jewish  cemetery  land  having  been  appropriated  for  other  uses  in  the  inter- 
vening years,  as  Soviet  law  permitted  reuse  of  cemetery  land  25  years  after  the  final 
burial  in  the  cemetery.  The  most  problematic  case  was  that  of  the  historic  Jewish 
cemetery  in  Lviv,  which  saw  its  last  burial  in  the  19th  century,  total  ruin  by  Nazi 
forces  in  1942,  and  construction  of  a  market  on  the  land  by  Soviet  authorities  in 
1947-1964.  Similarly,  in  Berdychiv  private  garages  had  been  constructed  atop  bur- 
ial grounds;  and  in  Mlyniv  a  hotel  and  parking  lot  encroach  on  a  cemetery  site. 
Local  government  officials  have  responded  with  varying  degrees  of  concern  to  these 
problems.  The  Government  quickly  addressed  the  issue  at  the  presidential  level  in 
1996,  giving  an  order  that  all  construction  or  privatization  on  the  land  of  Jewish 
cemeteries  be  immediately  frozen.  Negotiations  on  reaching  an  ultimate  resolution 
of  the  problem  are  ongoing. 

National  / Racial  / Ethnic  Minorities. — With  some  important  exceptions,  there  are 
only  isolated  cases  of  ethnic  discrimination  in  Ukraine.  The  Constitution  provides 
for  "the  free  development,  use  and  protection  of  the  Russian  language  and  other  mi- 
nority languages  in  Ukraine."  This  compromise  builds  on  a  1991  Law  on  National 
Minorities,  which  played  an  instrumental  role  in  preventing  ethnic  strife  by  allow- 
ing individual  citizens  to  use  their  respective  national  languages  in  conducting  per- 
sonal business  and  by  allowing  minority  groups  to  establish  their  own  schools. 

Some  pro-Russian  organizations  in  eastern  Ukraine  complained  about  the  in- 
creased use  of  Ukrainian  in  schools  and  in  the  media.  They  claim  that  their  children 
are  disadvantaged  when  taking  academic  entrance  examinations,  since  all  appli- 
cants are  required  to  take  a  Ukrainian  language  test.  Regional  councils  in  Kharkiv 
and  Donetsk  again  decided  in  1997  to  give  the  Russian  language  ofTicial  status 
alongside  Ukrainian.  The  local  prosecutors  suspended  these  decisions  as  violating 
the  law  on  the  Ukrainian  state  language. 

With  the  exception  of  two  regions,  there  is  no  evidence  of  serious  ethnic  tension. 
In  some  parts  of  western  Ukraine,  small  Russian,  Jewish,  and  other  minority  groups 
credibly  accuse  some  local  Ukrainian  ultranationalists  of  fostering  ethnic  hatred  and 
printing  anti-Semitic  tracts.  They  also  charge  that  local  authorities  have  not  taken 
action  against  those  who  foment  ethnic  hatred.  In  Crimea,  Ukrainian  and  Crimean 
Tatar  minorities  credibly  complain  of  discrimination  by  the  Russian  majority  and 
demand  that  Ukrainian  and  Tatar  languages  be  given  equal  treatment  to  Russian. 
The  Ukrainian  community  in  Crimea  has  criticized  the  national  Government  for  tol- 
erating radical  anti-Ukrainian  and  Russian  chauvinistic  groups  on  the  peninsula. 
While  the  Crimean  government,  pleading  insufficient  funds,  did  not  assent  to  re- 
quests from  the  Crimean  Tatar  community  for  assistance  in  reestablishing  its  cul- 
tural heritage  through  Tatar  language  publications  and  educational  institutions,  the 
central  government  is  working  with  the  UNHCR,  the  Organization  for  Security  and 
Cooperation  in  Europe,  and  the  International  Organization  for  Migration  on  support 
for  the  Crimean  Tatar  community. 


1373 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  to  join  trade 
unions  to  defend  "professional,  social  and  economic  interests."  Under  the  Constitu- 
tion, all  trade  unions  have  equal  status,  and  no  government  permission  is  required 
to  establish  a  trade  union.  The  1992  Law  on  Citizens'  Organizations  (which  includes 
trade  unions)  stipulates  noninterference  by  public  authorities  in  the  activities  of 
these  organizations,  which  have  the  right  to  establish  and  join  federations  on  a  vol- 
untary basis.  In  principle  all  workers  and  civil  servants  (including  members  of  the 
armed  forces)  are  free  to  form  unions.  In  practice  the  Government  discourages  cer- 
tain categories  of  workers,  for  example,  nuclear  power  plant  employees,  from  doing 
so. 

The  successor  to  the  Soviet  trade  unions,  known  as  the  Federation  of  Trade 
Unions  (FPU),  has  begun  to  work  independently  of  the  Government  and  has  been 
vocal  in  advocating  workers'  right  to  strike.  The  FPU  urged  Parliament  to  adopt  a 
new  trade  union  law  to  replace  old  Soviet-era  legislation.  It  has  supported,  for  in- 
stance, the  protests  of  miners  and  other  professions  over  unpaid  wages.  As  during 
the  Soviet  era,  most  FPU  affiliates  work  closely  with  management.  Enterprise  man- 
agers are  free  to  join  the  FPU.  The  FPU  has  no  official  or  legal  relationship  with 
any  political  party. 

Independent  unions  now  provide  an  alternative  to  the  official  unions  in  most  sec- 
tors of  the  economy.  The  Independent  Miners'  Union  of  Ukraine  (NPGU),  unions 
representing  pilots,  civil  air  traific  controllers,  locomotive  engineers,  aviation  ground 
crews,  and  other  unions  operate  either  independently  or  within  one  of  three  national 
confederations.  Independent  unions  have  unsuccessfully  claimed  a  share  of  the 
former  Soviet  Union's  huge  property  and  funds,  especially  the  social  insurance  bene- 
fits fund,  a  Soviet-era  legacy  traditionally  controlled  by  the  official  unions. 

The  Constitution  provides  for  the  right  to  strike  "to  defend  one's  economic  and  so- 
cial interests."  The  Constitution  states  that  strikes  must  not  jeopardize  national  se- 
curity, public  health,  or  the  rights  and  liberties  of  others.  The  Law  on  Labor  Confiict 
Resolution  does  not  extend  this  right  to  members  of  the  armed  forces,  civil  and  secu- 
rity services,  and  employees  of  "continuing  process  plants,"  for  example,  metallur- 
gical factories.  The  law  prohibits  strikes  that  "may  infringe  on  the  basic  needs  of 
the  population,"  for  example,  rail  and  air  transportation.  Strikes  based  on  political 
demands  are  also  illegal.  The  Government  has  relied  on  the  prosecutors  and  courts 
to  deal  with  strikes  that  it  considers  illegal. 

The  Workers'  Strike  Committee,  a  labor  ore'anization  in  the  coal  sector  in 
Donetsk,  defied  the  regional  arbitration  court's  canning  order  for  inciting  unrest 
during  protests  by  miners  over  unpaid  wages  in  1996.  After  a  protracted  trial  its 
leader,  Mykhaylo  Krylov,  received  amnesty  after  being  sentenced  to  a  prison  term 
for  inciting  civil  disorder  in  1996. 

There  are  no  official  restrictions  on  the  right  of  unions  to  affiliate  with  inter- 
national trade  union  bodies.  The  NPGU  is  a  member  of  the  International  Miners' 
Union. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Law  on  Enterprises 
states  that  joint  worker-management  commissions  should  resolve  issues  concerning 
wages,  working  conditions,  and  the  rights  and  duties  of  management  at  the  enter- 
prise level.  Overlapping  spheres  of  responsibility  frequently  impede  the  collective 
bargaining  process.  The  Government,  in  agreement  with  trade  unions,  establishes 
wages  in  each  industrial  sector  and  invites  all  unions  to  participate  in  the  negotia- 
tions. 

The  manner  in  which  the  collective  bargaining  law  is  applied  prejudices  the  bar- 
gaining process  against  the  independent  unions  and  favors  the  official  unions  (afllli- 
ates  of  the  FPU).  Most  workers  are  never  informed  that  they  are  not  obligated  to 
join  the  official  union.  Renouncing  membership  in  the  ofilcial  union  and  joining  an 
independent  union  can  be  bureaucratically  onerous  and  is  typically  discouraged  by 
management.  The  Independent  Miners'  Union  (NPG)  in  the  coal  mining  town  of 
Krasnodon,  Luhansk  Oblast,  for  example,  has  complained  about  the  management's 
discrimination  and  harassment  of  its  members.  The  collective  bargaining  law  pro- 
hibits antiunion  discrimination.  Under  the  law  disputes  are  supposed  to  be  resolved 
by  the  courts.  There  have  been  cases  in  which  such  disputes  have  not  been  settled 
in  a  fair  and  equitable  manner. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  com- 
pulsory labor,  and  it  is  not  known  to  exist.  The  Government  does  not  specifically 

Erohibit  forced  and  bonded  labor  by  children,  however,  the  Constitution  and  the 
abor  Code  prohibit  forced  labor  generally.  There  were  press  reports  that  young 
children  from  families  of  alcoholics  are  sold  to  Roma  and  vagabonds  who  force  them 
into  begging  or  prostitution. 


1374 

Student  groups  protested  against  a  presidential  decree  obliging  college  and  uni- 
versity graduates,  whose  studies  have  been  paid  for  by  the  Government,  to  work  in 
the  public  sector  at  government-designated  jobs  for  3  years  or  to  fully  repay  the  cost 
of  their  education.  Students  described  the  decree  as  an  attempt  to  introduce  compul- 
sory labor.  The  Government  stated  that  the  decree  would  cover  only  students  who 
entered  higher  education  institutions  in  1997. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Gov- 
ernment does  not  specifically  prohibit  forced  and  bonded  labor  by  children  (see  sec- 
tion 6.C.).  The  minimum  employment  age  is  17  years.  In  certain  nonhazardous  in- 
dustries, however,  enterprises  may  negotiate  with  the  Grovemment  to  hire  employ- 
ees betv^een  14  and  17  years  of  age,  with  the  consent  of  one  parent.  The  Constitu- 
tion provides  for  general  secondary  education.  School  attendance  is  compulsory  to 
the  age  of  15,  a  regulation  vigorously  enforced  by  the  Ministry  of  Education.  How- 
ever, since  Soviet  times  the  number  of  drop-outs  has  dramatically  increased,  mostly 
because  of  rising  poverty.  The  Criminal  Code  prescribes  up  to  5  years  in  prison  for 
involving  children  in  criminal  activities,  drinking,  begging,  prostitution,  gambling, 
or  other  exploitation. 

e.  Acceptable  Conditions  of  Work. — The  minimum  monthly  wage  and  pension  is 
$8.30  (15  hryvnas),  which  does  not  provide  a  decent  standard  of  living  for  a  worker 
and  family.  The  official  poverty  line  is  about  $39  (70.9  hryvnas)  per  month.  It  is 
estimated  that  some  50  percent  of  the  population  officially  live  below  that  line,  al- 
though the  practice  of  underreporting  sources  of  income  is  widespread.  Annual  infla- 
tion has  decreased  from  39.7  percent  in  1996  to  10.1  percent  in  1997. 

The  Labor  Code  provides  for  a  maximum  40-hour  workweek,  a  24-hour  day  of  rest 
per  week,  and  at  least  24  days  of  paid  vacation  per  year.  Stagnation  in  some  indus- 
tries, for  example,  defense,  significantly  reduced  the  workweek  for  some  categories 
of  workers. 

Human  rights  groups  report  that  graduates  were  forced  to  take  a  government-des- 
ignated job  or  fully  repay  the  cost  of  their  education.  For  example,  human  rights 
group  in  Zaporizhzhya  reported  that  graduates  of  a  medical  school  were  forced  to 
take  up  jobs  in  villages  in  the  Chornobyl  zone.  Another  human  rights  group  re- 
ported that  graduates  of  the  law  school  were  forced  to  accept  jobs  at  the  prosecutor's 
office. 

The  law  contains  occupational  safety  and  health  standards,  but  these  are  fre- 
quently ignored  in  practice.  Lax  safety  standards  caused  many  serious  mine  acci- 
aents,  resulting  in  290  deaths  in  1997,  representing  a  continuing  high  ratio  of  fatali- 
ties per  ton  of  coal  extracted  in  light  of  decreasing  coal  output.  In  theory  workers 
have  a  legal  right  to  remove  themselves  from  dangerous  work  situations  without 
jeopardizing  continued  employment.  In  reality,  however,  independent  trade  union- 
ists report  that  asserting  this  right  would  result  in  retaliation  or  perhaps  dismissal 
by  management. 


UNITED  KINGDOM 

The  United  Kingdom  of  Great  Britain  and  Northern  Ireland  (UK)  is  a  longstand- 
ing constitutional  monarchy  with  a  democratic,  parliamentary  government.  A  lower 
legislative  chamber  (the  House  of  Commons),  the  center  of  parliamentary  power,  is 
elected  in  periodic  multiparty  elections.  An  upper  chamber  (the  House  of  Lords), 
with  power  to  revise  and  delay  implementation  of  laws,  is  made  up  of  hereditary 
and  life  peers  and  senior  clergy  of  the  established  Church  of  England.  There  is  an 
independent  judiciary,  but  Parliament  may  overrule  its  decisions. 

Throughout  the  United  Kingdom,  police  forces  are  responsive  to,  and  under  the 
effective  control  of,  civilian  olTicials.  Since  1996  the  intelligence  agency  MI-5  has 
had  the  authority  to  act  in  support  of  other  law  enforcement  agencies  in  the  preven- 
tion and  detection  of  serious  domestic  crime.  In  some  areas  of  Northern  Ireland,  be- 
cause of  the  continuing  threat  of  terrorist  and  other  violence,  army  units  operated 
to  reinforce  the  Royal  Ulster  Constabulary  (RUC).  Although  the  security  forces  gen- 
erally respect  human  rights  and  the  rule  of  law,  some  members  of  the  police  com- 
mitted human  rights  abuses. 

The  United  Kingdom  has  a  highly  developed,  diversified,  market-based  econoniy 
that  provides  most  residents  with  a  high  standard  of  living.  Certain  geographic 
areas,  particularly  older  industrial  areas  including  Northern  Ireland,  suffer  from 
higher  than  average  unemployment  rates.  In  addition,  unemployment  tends  to  be 
higher  among  some  demographic  groups,  such  as  youth  and  racial  minorities.  The 
Government  provides  comprehensive  social  welfare  services,  including  a  national 


1375 

health  system,  housing  and  family  benefits,  and  heavily  subsidized  higher  edu- 
cation. 

The  Government  respected  the  human  rights  of  its  citizens,  but  there  were  prob- 
lems in  some  areas.  Police  occasionally  abused  detainees.  In  September  the  Council 
of  Europe's  Committee  for  the  Prevention  of  Torture  began  an  investigation  into 
mounting  complaints  over  the  Government's  failure  to  prosecute  or  discipline  offi- 
cers implicated  in  death -in-custody  and  prisoner  mistreatment  cases. 

After  a  series  of  mediation  efforts  by  the  Northern  Ireland  Secretary  and  others 
failed  to  effect  a  compromise,  the  decision  of  the  RUC  chief  constable  to  permit  the 
Protestant  Orange  Order  to  parade  through  a  predominantly  Catholic  nationalist 
area  of  Drumcree  on  July  6  led  to  serious  and  widespread  public  disturbances 
throughout  Northern  Ireland.  The  chief  constable  justifiea  his  decision  as  necessary 
on  public  order  and  safety  grounds,  but  Irish  nationalists  argued  that  the  RUC, 
which  they  accuse  of  consistently  favoring  loyalists  over  nationalists,  bowed  to  mob 
rule.  Potentially  more  serious  violence  was  averted  the  following  week  when,  in  a 
conciliatory  move,  the  Orange  Order  voluntarily  canceled  or  rerouted  four  of  the 
most  contentious  parades.  Lmlike  the  previous  year,  the  violence  triggered  by  the 
standoff  at  Drumcree  did  not  lead  to  loss  of  life. 

The  July  20  restoration  of  a  cease-fire  by  the  Irish  republican  Army  (IRA)  ended 
a  17-month  terrorism  campaign  and  led  to  the  opening  of  inclusive  political  talks 
in  September.  Following  the  cease-fire  there  was  a  marked  decrease — although  not 
a  total  cessation — of  sectarian  violence.  The  IRA  denied  responsibility  for  the  Sep- 
tember 16  detonation  of  a  400-pound  bomb  in  County  Armagh's  Markethill  area  that 
resulted  in  extensive  property  damage,  although  no  loss  of  life.  It  is  widely  believed 
that  a  splinter  republican  group  was  responsible  for  the  blast.  The  loyalist  cease- 
fire has  generally  held  since  1994,  althou^  there  were  several  killings  and  other 
terrorist  acts  carried  out  by  loyalist  paramilitary  groups.  In  light  of  the  continuing 
cease-fires,  about  300  army  troops  were  withdrawn  from  Northern  Ireland  to  their 
bases  in  England,  and  army  patrols  in  Belfast  were  substantially  reduced  as  troops 
remained  in  barracks.  Renewed  sectarian  violence  late  in  the  year  led  the  Northern 
Ireland  authorities  to  request  that  patrolling  resume  in  more  vulnerable  neighbor- 
hoods. 

In  an  October  1  speech,  the  Northern  Ireland  Secretary  announced  the  Govern- 
ment's intention  to  begin  significant  reform  of  the  RUC,  eliminate  indefinite  intern- 
ment without  trial  (which,  although  unused  for  several  years,  is  nevertheless  deeply 
disliked  by  nationalists),  narrow  the  scop>e  of  cases  sent  to  "Diplock"  (juryless) 
courts,  and  replace  the  Emergency  Provisions  Act  and  Prevention  of  Terrorism  Act 
with  one  all-embracing  act  aimed  at  building  confidence  in  public  institutions.  Legis- 
lation to  do  so  was  introduced  later  in  the  year  and  continued  to  work  its  way 
through  Parliament. 

The  Government  continued  to  take  steps  to  combat  violence  against  women.  Soci- 
etal discrimination  against  nonwhite  minorities  and  the  traveler  community  is  a 
problem,  as  is  child  abuse.  In  August  the  Government  extended  race-discrimination 
protection  to  Northern  Ireland  throu^  the  Race  Relations  (Northern  Ireland)  Order 
1997. 

Police  believe  that  paramilitary  groups  in  Northern  Ireland  were  responsible  for 
22  deaths,  251  shootings,  and  78  bombings  during  the  year.  Both  republican  and 
loyalist  paramilitary  groups  continued  to  engage  in  vigilante  "punishment"  attacks, 
although  there  was  a  decrease  in  the  number  of  such  incidents  even  before  the  July 
cease-fire.  There  were  at  least  six  instances  of  arson  committed  in  the  spring  and 
one  in  December  against  Catholic  churches  and  at  least  one  against  a  Protestant 
church.  An  April  attack  against  a  Mormon  church  was  considered  an  act  of  vandal- 
ism unrelated  to  Protestant-Catholic  animosity. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings  by  the  Government,  but  the  deaths  of  persons  in  custody  both  in  1997  and 
in  previous  years  raised  questions  about  whether  police  and  prison  officers  used  im- 
proper restraining  techniques  or  excessive  force  against  criminal  suspects.  In  Sep- 
tember the  Council  of  Europe's  Committee  for  the  Prevention  of  Torture  launched 
an  investigation  into  complaints  of  death  in  custody  and  police  abuse  of  prisoners, 
including  the  disproportionally  high  numbers  of  incidents  involving  minority  pris- 
oners. 

In  June  a  jury  found  that  "lack  of  care"  contributed  to  the  death  of  Peter  Austin, 
a  30-year-ola  black  prisoner  who  committed  suicide  while  in  custody  in  a  London 
prison.  Despite  the  fact  that  Austin  attempted  to  cut  his  wrists  with  a  plastic  uten- 


1376 

sil  at  the  Chiswick  police  station,  smeared  his  cell  with  excrement,  and  claimed  to 
hear  voices,  he  was  not  put  under  special  observation.  In  the  spring,  a  hung  jury 
failed  to  reach  a  verdict  in  the  case  oi  the  police  officer  charged  with  the  1996  mur- 
der of  David  Ewen.  Ewen  had  been  shot  when,  cornered  by  police  vehicles,  he  failed 
to  get  out  of  the  car  or  respond  to  a  verbal  warning.  A  retrial  is  expected.  There 
have  been  no  further  developments  in  the  case  of  IRA  suspect  Dairmud  O'Neill,  who 
was  killed  in  1996  when  police  raided  his  London  apartment  during  a 
counterterrorism  operation.  Human  rights  groups  charge  that  O'Neill,  who  was  sub- 
sequently found  to  be  unarmed,  was  denied  needed  immediate  medical  treatment 
by  police.  In  July  the  high  court  questioned  the  Crown  Prosecution  Service's  (CPS) 
1995  decision  not  to  prosecute  officers  connected  with  the  deaths  of  Nigerian  Shiji 
Lapite  and  Irishman  Richard  O'Brien,  both  of  whom  died  in  1994  while  in  police 
custody.  In  February  the  police  service  had  adopted  the  recommendation  of  the  Po- 
lice Complaints  Authority  that  two  officers  should  be  charged  with  neglect  of  duty 
in  the  O'Brien  case,  but  said  that  a  criminal  prosecution  was  not  justified  in 
Lapites's  case. 

In  July  the  High  Court  also  found  the  1995  CPS  decision  not  to  prosecute  officers 
involved  in  the  1982  abuse  of  British  citizen  Derek  Treadaway  to  be  "flawed  and 
perverse."  The  officers  had  used  plastic  bags  to  suffocate  Treadaway  to  unconscious- 
ness. In  1994  Treadaway  received  50,000  British  pounds  in  civil  damages  from  the 
West  Midlands  Police.  In  August  the  CPS  agreed  to  again  review  the  Treadaway, 
Lapite,  and  O'Brien  cases. 

In  September  a  London  court  began  a  hearing  into  the  1996  death  in  custody  of 
Ghanaian  Ibrahima  Sey,  after  a  July  announcement  by  the  CPS  that  there  was  in- 
sufficient evidence  to  prosecute  police  officers.  Sey  died  after  being  sprayed  by  CS 
gas  at  the  Illford  police  station.  In  March  the  family  of  Brian  Douglas,  an  Afro-Car- 
ibbean man,  won  the  right  to  challenge  an  inquest  jury's  decision  that  his  1995 
death  was  due  to  "misadventure."  Douglas  suffered  a  fractured  skull  after  a  con- 
frontation with  two  baton-equipped  police  officers. 

No  inouest  has  been  held  into  the  1996  death  of  Jim  McDonnell  in  Northern  Ire- 
land's Mariibeny  prison.  Fellow  prisoners  charge  that  McDonnell  was  beaten  by 
prison  stan.  In  October  police  office  Patrick  Hodgson,  charged  with  murder  for  fa- 
tally wounding  an  unarmed  suspected  car  thief  in  1995,  was  found  not  guilty  of 
murder  or  manslaughter  by  a  unanimous  verdict  by  a  London  court. 

During  the  year,  there  were  79  confirmed  prisoner  suicides  (or  self-inflicted 
deaths,  which  is  the  term  preferred  by  the  nongovernmental  organization  [NGO], 
The  Prison  Reform  Trust)  not  attributable  to  official  mistreatment,  versus  82  such 
suicides  in  1996. 

During  1996  disturbances  in  Londonderry,  Northern  Ireland,  an  armored  person- 
nel carrier  ran  over  Dermot  McShane,  who  had  taken  refuge  behind  a  board  fence 
during  street  fighting.  The  army  claimed  that  the  death  was  accidental.  By  year's 
end,  there  had  been  no  decision  by  the  Director  of  Public  Prosecutions  as  to  whether 
criminal  proceedings  against  the  driver  would  be  instituted,  nor  has  there  been  an 
inquest  into  McShane's  death.  The  case  is  being  considered  by  the  United  Nations 
Special  Rapporteur  on  Summary  and  Arbitrary  Executions  and  the  European  Com- 
mission of  Human  Rights. 

New  evidence  fromljallistics  experts,  eyewitnesses,  and  radio  transmission  record- 
ings appears  to  cast  doubt  on  the  findings  of  the  initial  inquiry  into  the  1972 
"Bloody  Sunday"  events  (where  14  unarmed  civil  rights  demonstrators  in  Derry 
were  killed  by  British  soldiers,  but  for  which  no  memoer  of  the  security  forces  has 
been  held  accountable).  By  year's  end,  the  Government  had  made  no  decision  as  to 
whether  to  reopen  the  inquiry  but  continued  to  study  a  detailed  dossier  about  the 
tragedy  presented  to  it  by  the  Irish  Government. 

Killings  by  both  republican  and  loyalist  groups  continued  in  1997.  On  February 
12,  Stephen  RestoricK,  a  soldier  serving  in  South  Armagh  was  killed  by  an  IRA 
sniper.  On  May  8,  Catholic  Robert  Hamill  died  of  injuries  he  received  on  April  26 
when  he  was  savagely  kicked  and  beaten  by  a  loyalist  mob  in  Portadown.  Six  per- 
sons were  charged  with  his  killing,  but  charges  were  subseouently  dropped  against 
five  due  to  insufficient  evidence.  One  awaits  trial.  Police  officers  sitting  nearby  in 
an  RUC  vehicle  during  the  attack  did  not  come  to  Hamill's  aid,  saying  that  they 
neither  saw  nor  heard  the  incident.  Following  criticism  by  the  Hamill  family  and 
others  of  the  RUC  and  its  internal  investigation  of  the  officers'  conduct,  the  case 
was  referred  to  the  Independent  Commission  for  Police  Complaints,  and  a  complaint 
was  lodged  with  the  European  Commission  of  Human  Rights.  On  May  9,  two  gun- 
men shot  and  killed  constable  Darren  Bradshaw,  pge  24,  as  he  sat  drinking  with 
friends  in  a  bar  in  central  Belfast.  The  INLA  claimed  responsibility.  On  May  12, 
a  61-year-old  Catholic  man,  Sean  Brown,  was  shot  in  the  head  outside  a  sports  com- 
plex where  he  coached  Gaelic  football  in  County  Antrim.  Police  believe  that  Brown 


1377 

was  killed  by  renegade  loyalist  gunmen  from  the  loyalist  Volunteer  Force  (LVF),  a 
splinter  loyalist  CToup  that  does  not  recognize  the  cease-fire,  in  retaliation  for  the 
May  9  murder  of  Darren  Bradshaw. 

On  June  1,  41-year-old  RUC  constable  Greg  Taylor  was  kicked  to  death  by  a  loyal- 
ist mob  outside  a  bar  in  County  Antrim.  The  mob  was  reportedly  angry  about  the 
police  ban  on  a  recent  loyalist  parade  in  the  Antrim  village  of  Dunloy  (see  Section 
2.d.).  On  June  11,  Robert  "Basher"  Bates,  a  former  member  of  the  notorious  Protes- 
tant "Shankill  butchers"  gang,  was  shot  and  killed  in  Belfast.  It  is  believed  that 
Bates  was  killed  by  a  loyalist  in  retaliation  for  Bates's  killing  of  the  loyalist's  father 
some  20  years  earlier.  The  IRA'S  North  Armagh  brigade  claimed  resoonsibility  for 
the  close-range  shooting  deaths  on  June  16  of  David  Johnston  and  John  Graham, 
two  RUC  officers  on  foot  patrol  in  Lurgan,  near  Portadown. 

Loyalists  have  been  blamed  for  the  March  14  killing  of  44-year-old  Catholic  John 
Slane,  who  was  shot  as  he  prepared  food  for  his  twins  in  the  kitchen  of  his  West 
Belfast  home,  loyalist  sources  later  claimed  that  the  Ulster  Defense  Association 
(UDA)  was  responsible  for  the  killing,  but  maintained  that  it  had  been  a  case  of 
mistaken  identity.  On  July  15,  18-year-old  Catholic  Bemadette  Martin  was  shot  in 
the  head  while  she  was  sleeping  in  the  home  of  her  Protestant  boyfriend.  Although 
denied  by  the  organization,  it  is  widely  believed  that  the  killing  was  committed  by 
the  LVF.  The  LVF  was  also  thought  to  be  responsible  for  the  kilfing  of  Gerry  Devlin, 
a  36-year-old  Catholic  man  who  was  shot  in  North  Belfast  on  December  5. 

Jailed  loyalist  terrorist  leader  Billy  Wright  was  shot  five  times  at  close  range  by 
three  Irish  National  Liberation  Army  gunmen  at  the  top  security  Maze  prison  on 
December  27.  Wright  was  the  leader  of  the  LVF  loyalist  terrorist  organization.  Riots 
followed  that  evening  when  loyalist  gangs  in  Portadown  and  other  towns  hijacked 
and  burned  cars  and  attacked  police  with  Molotov  cocktails.  In  retaliation  for 
Wright's  killing,  three  men  opened  fire  in  front  of  the  Glengannon  Hotel  on  Decem- 
ber 28,  killing  45-year-old  former  IRA  terrorist  and  convicted  murderer  (released  in 
1994)  Seamus  Dillon.  Three  others,  including  a  14-year-old  boy,  were  wounded.  The 
LVF  claimed  responsibility  for  the  attack,  as  well  as  a  subsequent  new  year's  eve 
attack  on  a  North  Belfast  bar  which  fatally  wounded  31-year-old  Catholic  Eddie 
Treanor.  In  October,  during  what  police  believe  was  a  power  struggle  among  loyalist 
paramilitary  factions,  a  car  bomb  attributed  to  one  oi  the  factions  killed  a  20-year- 
old  man  named  Greer,  who  was  also  believed  to  be  a  loyalist  paramilitary  member. 

The  1989  killing  of  Patrick  Finucane,  counsel  to  many  IRA  suspects,  remains  an 
open  case.  In  February  1996,  prison  authorities  freed  Brian  Nelson,  a  former  Loyal- 
ist paramilitary  member  and  agent  for  British  military  intelligence  who  had  served 
less  than  half  of  a  10-year  sentence  for  his  role  in  five  murder  conspiracies  unre- 
lated to  Finucane.  Finucane's  widow,  alleging  that  Nelson  assisted  in  targeting 
Finucane,  is  pursuing  a  civil  suit  against  both  Nelson  and  the  Ministry  of  Defense 
(MOD)  for  damages  resulting  from  her  husband's  wrongful  death,  alleging  that  the 
MOD  and  Nelson  were  negligent  in  the  "gathering,  recording  and  keeping  safe"  of 
material  concerning  her  husband.  The  MOD  denied  the  claim.  The  unresolved  sta- 
tus of  the  Finucane  case  (interpreted  by  a  number  of  human  rights  organizations 
as  evidence  of  collusion  between  government  officials  and  loyalist  paramilitary 
groups),  remains  a  contentious  issue  between  Nationalist  groups  and  the  Govern- 
ment. The  United  Nation's  (U.N.)  Special  Rapporteur  on  the  Independence  of  Law- 
yers and  Judges,  who  visited  the  UK  in  October  to  investigate  the  Finucane  case, 
nad  not  released  his  report  by  year's  end. 

Coroners  do  not  have  the  power  to  compel  those  suspected  of  involvement  in 
extrajudicial  killing  to  testify  at  inquests,  and  the  relatives  of  the  deceased  receive 
no  advance  disclosure  of  evidence.  In  Northern  Ireland,  coroners  are  permitted  to 
inquire  only  into  "how" — that  is  "by  what  means" — the  deceased  died,  rather  than 
into  the  broad  circumstances  of  death.  Human  rights  groups  armie  that  this  narrow 
definition  shields  wrongdoers,  including  soldiers  and  police  officers,  and  unneces- 
sarily keeps  family  members  from  learning  the  truth  of  the  circumstances  surround- 
ing their  relative's  death. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
An  investigation  into  at  least  14  terrorist-perpetrated  disappearances  dating  back 

to  1972,  continued,  although  there  is  no  longer  a  dedicated  investigative  team.  Since 
April  1996  nine  individuals  have  been  arrested  and  interviewed  in  connection  with 
the  disappearances,  although  by  year's  end  no  criminal  charges  had  been  filed.  The 
victims,  typically  members  of  the  security  forces,  suspected  informers,  or  petty 
criminals,  have  not  been  found. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  forbids  torture  and  other  cruel,  inhuman,  or  degrading  treatment.  However, 
police  occasionally  abused  detainees.  Confessions  obtained  by  abusive  treatment  are 
not  admissible  in  court,  and  judges  can  exclude  even  voluntary  confessions.  Detain- 


1378 

ees  who  claim  physical  mistreatment  have  the  right  to  an  immediate  medical  exam- 
ination. Such  a  claim  must  be  examined  by  a  trial  judge.  Corporal  punishment  re- 
mains on  the  statute  books  in  several  of  the  Caribbean  dependent  territories,  al- 
though it  is  rarely  practiced. 

The  NGO  Inquest  reports  that  police  abuse  of  detainees  in  their  custody,  while 
not  widespread,  is  a  matter  of  concern.  Inquest  states  that  injuries  and  illnesses  re- 
sult more  often  from  neglect  or  misdiagnosis  than  from  overt  physical  attack,  al- 
though there  have  been  incidents  of  poUce  brutality  (see  Section  l.a.).  The  NGO 
Prison  Reform  Trust  agrees  that  while  there  have  been  detainees  who  have  suffered 
police  abuse,  the  problem  is  not  widespread.  In  1996,  however,  a  UN  committee 
noted  that  no  police  brutality  appeared  to  disproportionally  affect  members  of  mi- 
nority ethnic  groups  (see  section  l.a  and  5). 

The  Independent  Commission  for  Police  Complaints,  established  by  the  Govern- 
ment, supervises  police  investigations  of  complaints  in  Northern  Ireland  filed 
against  the  police,  or  referred  to  the  Commission  by  the  RUC  Chief  Constable,  the 
Police  Authority,  or  the  Northern  Ireland  Secretary  of  State.  It  automatically  super- 
vises cases  involving  death  or  serious  injury,  and  can  direct  the  Chief  Constable  to 
bring  charges  against  police  officers.  The  Commission  reported  that  in  1997  it  re- 
ceived 3,108  new  complaints,  up  from  2,540  in  1996.  Of  the  2,699  cases  processed 
(some  pending  from  previous  years),  investigations  led  to  informal  disciplinary  ac- 
tion in  109  cases  and  to  formal  charges  in  7  cases  involving  nine  police  officers. 
Local  human  rights  groups  continue  to  complain  that  the  Commission  is  not  truly 
autonomous  in  that  it  has  no  independent  investigatory  abilities  and  must  rely  on 
supervising  police  investigations  into  the  complaints.  The  Hayes  Report,  commis- 
sioned by  the  Government  and  released  on  January  23,  recommended  the  establish- 
ment of  an  independent  police  ombudsman  who  would  be  responsible  to  Parliament 
and  have  the  power  to  both  initiate  and  conduct  investigations,  and  to  recommend 
criminal  prosecution.  In  December  the  Government  published  a  draft  bill  generally 
to  that  eftect. 

In  1993  the  Northern  Ireland  Secretary  named  an  Independent  Assessor  of  Mili- 
tary Complaints  to  deal  with  procedures  regarding  complaints  of  abuses  committed 
by  the  army;  the  Independent  Assessor  also  lacks  independent  investigative  jxjwers. 
His  fourth  report,  released  in  March,  noted  that  despite  the  end  of  the  IRA  cease- 
fire in  February  1996,  there  were  only  24  formal,  non-criminal  complaints  in  1996 
(compared  with  19  during  the  cease-fire  in  1995)  and  264  informal  complaints.  He 
also  reported  that  delays  in  processing  complaints  had  been  reduced,  and  that  only 
one  case  took  more  than  8  weeks  to  resolve. 

In  1992  the  Government  appointed  a  senior  barrister  as  independent  Commis- 
sioner for  Holding  Centers  in  Northern  Ireland,  with  the  authority  to  make  irregu- 
lar, unannounced  visits  to  any  holding  center,  observe  interrogations,  and  interview 
detainees.  There  were  126  visits  to  the  3  holding  centers  in  1996  (latest  figures). 
In  March  the  Commissioner  and  his  deputy  reported  that  16  complaints  of  physical 
assault  during  detention  (in  a  detainee  population  of  583)  were  received  in  1996. 
The  report  also  suggested  that  an  ombudsman,  similar  to  that  recommended  in  the 
Hayes  report,  would  also  be  appropriate  for  holding  centers.  It  criticized  the  fact 
that  silent  video  recording  of  interrogations  (which  legal  counsel  is  generally  not 
permitted  to  attend)  had  not  yet  been  implemented.  On  October  1,  the  Northern  Ire- 
land Secretary  announced  that  new  legislation  would,  however,  make  audio  record- 
ings of  interrogations  compulsory.  At  year's  end,  legislation  to  implement  compul- 
sory audio  recording  was  working  its  way  through  Parliament. 

Accusations  continued  that  security  forces  in  Northern  Ireland  harass  citizens, 
particularly  young  people,  in  rural  and  urban  working-class  communities  and  other 
areas  where  support  for  terrorists  is  considered  strong.  Colin  DufFy,  who  was  pre- 
viously convicted  and  later  acquitted  on  app>eal  for  the  1996  murder  of  a  former  sol- 
dier, was  arrested  by  the  RUCf  in  June  for  the  murder  that  month  of  two  police  offi- 
cers in  Lurgan.  Dufry  was  released  in  October  for  lack  of  evidence  and  claims  he 
has  been  repeatedly  harassed  by  the  police  since  then.  The  Government  strongly  de- 
nies that  such  harassment  behavior  is  widespread  or  officially  tolerated,  nationalists 
argue  that  the  RUC  acts  more  aggressively  to  quell  republican  disturbances  than 
to  subdue  loyalist  lawbreakers.  On  October  1,  the  Northern  Ireland  Secretary  an- 
nounced government  plans  to  initiate  substantial  reform  of  the  RUC,  including 
structural  and  training  changes.  Parliament  debated  RUC  reform  in  December. 

Police  in  Northern  Ireland  continued  to  use  plastic  bullets,  particularly  in  connec- 
tion with  violence  that  erupted  during  the  summer  marching  season  (see  Section 
2.d.).  According  to  RUC  reports,  2,510  plastic  bullets  were  fired  during  the  first  2 
weeks  of  July,  compared  with  6,600  during  the  same  period  the  previous  year.  On 
June  10,  Parliament  was  informed  that  a  significant  proportion  of  the  plastic  bullets 
supplied  to  the  RUC  in  1994  and  still  in  use  in  1997  were  defective,  traveling  at 


1379 

velocities  that  exceeded  the  upper  recommended  limit.  All  rounds  had  been  with- 
drawn by  April  25;  nearly  9,000  rounds  had  been  fired  since  the  defective  bullets 
were  issued.  According  to  RUC  rules,  plastic  bullets  should  be  aimed  at  the  lower 
half  of  the  body;  serious  head  and  upper  body  iryuries  nevertheless  have  resulted 
from  plastic  bullet  use.  In  July  14-year-old  Gary  Lawler  was  hit  in  the  head  by  a 
plastic  bullet  and  remained  comatose  for  several  days;  Brendan  Morris  suffered  a 
shattered  cheekbone  and  broken  nose;  and  13-year-old  Marie  Walsh  was  shot  in  the 
mouth.  In  1996  there  were  a  total  of  73  confirmed  plastic  bullet-related  injuries.  In 
1997  the  Independent  Commission  for  Police  Complaints  received  30  complaints  re- 
garding plastic  bullets. 

Plastic  bullet  use,  confined  to  Northern  Ireland,  has  been  severely  criticized  by 
human  rights  monitors,  although  the  European  Court  of  Human  Rights  ruled  in 
1984  that  using  them  to  quell  serious  riots  in  Northern  Ireland  did  not  contravene 
the  European  Convention  on  Human  Rights.  The  U.N.  Committee  Against  Torture, 
the  Europ)ean  Parliament,  Human  Rights  Watch/Helsinki,  and  other  NGO's  have 
called  for  a  ban  on  their  use.  The  Government  has  said  that  alternatives  have  been 
considered  but  that  most  options  have  been  found  to  be  either  more  dangerous  or 
inaccurate.  In  January  the  Inspectorate  of  Constabulary  in  Northern  Ireland  rec- 
ommended a  drastic  reduction  in  the  use  of  plastic  bullets  to  control  disturbances. 
In  September  the  Government  announced  a  nationwide  policy  review  concerning 
their  use. 

Prison  conditions  generally  meet  minimum  international  standards,  although 
overcrowding  worsened  in  1997.  As  of  September,  half  the  prisons  in  England,  Scot- 
land, and  Wales  were  officially  deemed  by  the  Prison  Service  to  be  overcrowded.  In 
December  the  Home  Office  pronounced  a  pilot  program  for  electronically  tagging  se- 
lected offenders  a  success.  Designed  to  reduce  prison  crowding,  ofienders  are  re- 
quired to  remain  in  place,  usually  at  home,  as  their  whereabouts  are  electronically 
monitored.  The  Government,  which  hopes  that  the  program  will  reduce  the  prison 
population  by  5  percent,  plans  to  extend  the  pilot  program  to  additional  counties  in 
1998. 

Both  human  rights  groups  and  the  Independent  Commissioner  for  Holding  Cen- 
ters have  repeatedly  recommended  the  closing  of  the  Castlereagh  Detention  Center, 
which  remains  open  despite  persistent  complaints  of  police  impropriety  in  the  inter- 
rogation process. 

Human  rights  groups  have  been  particularly  critical  of  special  security  units 
(SSlTs)  used  to  hold  those  deemed  to  pose  an  exceptional  risk  of  escape.  SSU  in- 
mates are  not  told  how  long  they  will  be  held  in  SSLTs,  nor  are  they  involved  in 
annual  reviews  of  their  detentions  or  informed  when  such  a  review  is  taking  place. 
Citing  small  group  isolation,  the  lack  of  adequate  exercise,  work,  educational  oppor- 
tunities, and  natural  daylight,  as  well  as  strict  enforcement  of  noncontact  visits 
through  a  glass  barrier,  NGO's  have  condemned  SSU  imprisonment  as  violating 
international  standards.  A  1996  government  inquiry  conducted  by  Sir  Donald  Ach- 
eson  concluded  that  prolonged  incarceration  in  SSU's  could  lead  to  mental  illness. 
In  August,  following  reinstatement  of  the  IRA  cease-fire,  the  Government  trans- 
ferred all  paramilitary  prisoners  out  of  SSU's,  closing  one  of  the  three  facilities  that 
had  been  in  use.  By  year's  end,  6  prisoners,  none  of  them  paramilitaries,  remained 
in  SSU's,  down  from  27  in  January. 

Roisin  McAliskey,  a  pregnant  prisoner  arrested  in  November,  1996,  and  awaiting 
extradition  to  Germany  on  terrorism  charges,  was  held  in  isolation  in  an  SSU  until 
May  23.  Categorized  as  a  high-risk  prisoner,  McAliskey  initially  had  difficulty  re- 
ceiving appropriate  prenatal  care.  After  repeated  representations  on  her  behalf  by 
human  rignts  groups,  prison  officials  subsequently  ensured  that  she  had  regular  at- 
tention for  her  medical  conditions.  On  May  26,  she  gave  birth;  on  June  3,  she  and 
her  child  were  transferred  to  a  secure  mother-baby  unit  in  another  hospital.  In  the 
fall,  a  magistrate  ruled  that  McAliskey  was  eligible  for  extradition  to  Germany.  At 
year's  end  the  Home  Secretary  was  still  considering  whether  to  sign  the  extradition 
order. 

In  October  the  Ministry  of  Defense  confirmed  that  at  least  23  cases  brought 
against  the  Government  by  servicemen  and  women  claiming  physical  and  sexual  as- 
sault during  initiation,  were  then  pending  in  the  High  Court.  More  than  70  military 
men  and  women  have  brought  suit  altogether,  alleging  beatings  (including  one  re- 
cruit who  required  facial  reconstruction),  racially-motivated  assault  (including  one 
man  of  color  who  was  scrubbed  with  steel  brushes  then  sprinkled  with  bleach),  and 
other  brutalities.  Chief  of  Staff  Brig.  Robert  Gordon  announced  new  policies  to 
eliminate  such  incidents,  including  better  education,  tougher  investigations,  and 
stricter  discipline.  An  appeals  process  for  victims  of  racial  or  sexual  harassment  was 
also  promised. 


1380 

In  1995  ratification  by  the  Republic  of  Ireland  of  the  European  Convention  on  the 
Transfer  of  Sentenced  Prisoners  allowed  the  transfers  of  convicted  terrorists  from 
British  to  Irish  custody.  In  1997  four  prisoners  were  transferred  from  English  jails 
to  jails  in  Northern  Ireland,  and  further  transfers  were  in  process  at  year's  end. 
Human  rights  NGO's  charge  that  the  transfer  process  is  too  slow. 

There  are  no  separate  prison  facilities  for  young  female  prisoners;  15-  to  18-year- 
old  girls  share  dormitories  and  cells  with  adult  women.  In  some  prisons,  girls  are 
locked  in  their  cells  with  adult  offenders  for  as  much  as  17  hours  a  day.  In  Risley 
young  females  are  housed  in  the  psychiatric  wing  with  seriously  disturbed  prisoners, 
as  it  is  considered  the  safest  place  for  them  in  the  prison.  In  August  the  High  Court 
found  the  automatic  placement  of  young  female  offenders  in  adult  women's  jails 
pending  needs  assessment  and  final  placement  decisions  to  be  unlawful. 

New,  less  restrictive  instructions  regarding  shackling  were  introduced  following  a 
prison  service  inquiry  into  a  January  incident  when  prisoner  Geoffrey  Thomas  was 
shackled  to  his  bed  until  3  hours  before  he  died  of  stomach  cancer. 

Before  the  reinstatement  of  the  cease-fire  on  July  20,  the  IRA  and  other  Repub- 
lican paramilitary  groups  continued  violent  campaigns  targeting  buildings  and  eco- 
nomic activities,  as  well  as  military,  police,  and  civilians.  While  the  1994  loyalist 
cease-fire  generally  held,  numerous  violent  incidents  were  traced  to  them  as  well. 
On  January  28,  Provisional  IRA  terrorists  launched  two  rockets  at  a  joint  army/ 
RUC  patrol  in  West  Belfast.  Although  a  number  of  pedestrians  suffered  cuts  from 
flying  glass,  no  one  was  seriously  injured.  A  group  calling  itself  the  Armagh  Free- 
dom Fighters,  who  claim  not  to  be  associated  with  the  IRA  or  any  other  republican 
organization,  admitted  responsibility  for  the  March  2  gasoline  bomb  attack  on  a 
housing  executive  office.  On  March  13,  a  policeman  and  a  soldier  were  seriously  in- 
jured in  an  explosion  as  they  patrolled  the  nationalist  Short  Strand  enclave  in  East 
Belfast.  Four  other  soldiers  were  slightly  injured  in  the  blast.  Earlier  that  day,  an 
improvised  grenade  was  thrown  at  an  army  Land  Rover  as  it  patrolled  the  National- 
ist Ardoyne  area  of  North  Belfast.  On  April  10,  police  officer  Alice  Collins  was  seri- 
ously injured  when  she  was  shot  in  the  back  while  on  duty  manning  a  courthouse 
sentry  box  in  Londonderry.  The  IRA  admitted  responsibility.  On  April  12,  a  loyalist 
gang  attacked  a  block  of  Catholic  flats,  forcing  eight  families  to  flee  their  homes. 
A  10-month-old  baby  narrowly  escaped  injury  when  a  brick  was  hurled  through  a 
window  in  the  predominantly  Protestant  Tiger's  Bay  area  of  Belfast  during  the  at- 
tack. Police  blamed  loyalists  for  an  attempted  car  bombing  in  Belfast  on  June  21. 
The  driver  and  another  occupant  suffered  minor  injuries. 

In  March  and  April,  prior  to  the  May  1  general  elections,  the  IRA  combined  a  se- 
ries of  real  bomb  scares  and  hoaxes  to  disrupt  the  transportation  and  utilities  infra- 
structures in  the  Birmingham,  Leeds,  Doncaster,  and  London  areas.  On  April  18, 
bombs  were  detonated  at  Leeds  and  Doncaster,  while  police  defused  bombs  in  Stoke- 
on-Trent.  There  were  no  reports  of  injuries. 

On  March  19,  a  British  army  bomb  disposal  unit  defused  two  mark  16  horizontal 
mortars  in  county  Fermanagh.  In  April  numerous  bomb  scares  and  hoaxes  led  to 
the  cancellation  and  subsequent  rescheduling  of  the  Grand  National,  the  UK's  most 
prestigious  horse  racing  event.  On  May  31,  the  IRA  left  a  van  containing  1,000 
pounds  of  explosives  in  the  West  Belfast  housing  estate  of  Poleglass.  The  IRA 
claimed  it  haa  made  the  bomb  safe  before  abandoning  it,  a  claim  disputed  by  police. 

On  July  19,  the  IRA  declared  a  cease-fire,  effective  July  20.  At  the  end  of  August, 
the  Secretary  of  State  for  Northern  Ireland  announced  ner  finding  that  the  cease- 
fire was  being  observed,  allowing  Sinn  Fein,  the  political  party  closely  identified 
with  the  ERA,  entry  into  negotiations  on  Northern  Ireland's  political  future.  On  Sep- 
tember 16,  a  400-pound  bomb  exploded  in  the  County  Armagh  town  of  Markethill, 
causing  extensive  damage,  but  no  serious  injuries.  The  IRA  denied  responsibility  for 
the  attack,  which  is  thought  to  have  been  carried  out  by  the  Continuity  ERA,  a  hard- 
line splinter  group.  Isolated  splinter  group  incidents,  including  murder  and  bomb- 
ings, accelerated  after  the  fatal  Republican  attack  on  jailed  Loyalist  paramilitary 
terrorist  Billy  Wright  on  December  27  (see  Section  l.a.) 

Both  loyalist  and  republican  terrorists  in  Northern  Ireland  have  carried  out  "pun- 
ishment" attacks,  although  total  numbers  have  shown  a  marked  decrease  since 
1996,  and  particularly  since  the  July  cease-fire.  The  attackers  beat  their  victims 
with  iron  pipes,  baseball  bats,  sledgehammers,  and  spiked  clubs,  dropped  concrete 
blocks  on  exposed  limbs,  and  shot  victims  in  the  knees.  In  1997  the  KUC  recorded 
72  loyalist  punishment  assaults  and  an  additional  48  loyalist  punishment  shootings/ 
kneecappings.  This  was  down  from  130  and  21,  respectively,  in  1996.  republican  sta- 
tistics included  78  punishment  assaults  and  24  shootings/kneecappings,  versus  172 
and  3  in  1996.  The  RUC  attributed  no  attacks  to  Direct  Action  Against  Drugs 
(DADD),  a  cover  name  for  the  IRA.  In  February  David  Templeton  was  attacked  by 
three  masked  men,  believed  to  be  loyalists,  who  beat  him  savagely  with  nail-spiked 


1381 

wooden  clubs.  He  died  in  March.  The  loyalists  often,  but  not  exclusively,  target 
members  of  their  terrorist  cells  who  have  broken  ranks,  while  the  republicans  more 
frequently  extend  their  vigilante  activities  to  the  broader  Catholic  community,  pun- 
ishmg  "anti-social  activities"  such  as  drug  dealing. 

On  December  16,  three  IRA  terrorists  who  planned  an  extensive  bombing  cam- 
paign in  1996  were  sentenced  to  17,  20,  and  25  years  for  conspiracy  to  cause  explo- 
sions and  possessing  explosives  with  intent.  The  men  were  arrested  in  police  raids 
that  also  resulted  in  the  death  of  Dairmud  O'Neill  (see  section  l.a) 

The  Government  permits  human  rights  monitors  to  visit  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  authorities  can  and  often  do  make 
arrests  or  detain  suspects  without  judicial  warrants,  especially  in  Northern  Ireland, 
when  they  believe  that  they  have  reasonable  cause  to  suspect  wrongdoing.  The 
Criminal  Justice  and  Public  Order  Act  of  1994  allows  police  officers  to  stop  and 
search  vehicles  and  pedestrians  if  a  police  officer  of  at  least  superintendent  rank 
(or  a  chief  inspector  if  no  superintendent  is  available)  "reasonably  believes"  it  is  ex- 

Eedient  to  do  so  to  prevent  acts  of  violence.  The  authorization  is  limited  to  a  24- 
our  period,  but  is  renewable  under  certain  circumstances. 

The  1991  Northern  Ireland  Emercency  Provisions  Act  (EPA)  permits  a  soldier  on 
duty,  a  member  of  the  Royal  Irish  Regiment,  or  a  police  officer  to  arrest  and  detain 
for  up  to  4  hours  "a  person  who  he  has  reasonable  grounds  to  suspect  is  committing 
or  has  committed  or  is  about  to  commit  any  offense. 

The  Prevention  of  Terrorism  (Temporary  Provisions)  Act  (PTA)  allows  the  police 
to  arrest  without  a  warrant  anywhere  in  the  UK  persons  they  have  reason  to  sus- 
pect of  being  involved  in  terrorism.  The  authorities  may  detain  such  persons  (even 
those  under  age  18)  for  up  to  48  hours  without  legal  representation  or  judicial  re- 
view. Suspects  may  be  interrogated  during  this  time,  and  confessions  obtained  may 
be  used  in  subsequent  court  proceedings.  Under  the  1989  PTA^  detainees  are  grant- 
ed the  right  to  have  lawyers  present  during  interrogation  in  England  or  Wales,  but 
not  in  Northern  Ireland.  Detention  without  charge  may  be  extended  up  to  a  further 
5  days  on  the  authority  of  the  Home  Secretary  or,  in  Northern  Ireland,  the  Sec- 
retary of  State  for  Northern  Ireland. 

The  PTA  is  the  most  reviewed  piece  of  legislation  in  the  United  Kingdom.  It  ex- 
pires every  2  years  and,  due  to  tne  changing  security  situation,  is  amended  or  al- 
tered to  account  for  those  changes.  Critics  charge  that  the  annual  review  is  super- 
ficial. Extensive  PTA  detention  powers  were  held  in  breach  of  the  European  Conven- 
tion on  Human  Rights,  which  led  to  a  derogation  by  the  Government  in  1988. 

On  October  1,  the  Northern  Ireland  Secretary  announced  that  the  Government  in- 
tended to  eliminate  indefinite  internment  without  trial,  and  to  introduce  major 
changes  to  both  the  Prevention  of  Terrorism  Act  and  the  Emergency  Provisions  Act, 
including  increasing  the  number  of  terrorist  acts  to  be  tried  tnrough  the  jury  sys- 
tem, and  introducing  audio  recording  of  suspected  terrorist  interrogations  in  holding 
centers. 

In  England,  Scotland,  and  Wales  suspects  arrested  without  warrants  must  be  re- 
leased within  24  hours  (or  36  hours  if  a  serious  offense  is  involved)  unless  brought 
before  a  magistrates'  court.  The  court  may  authorize  extension  of  detention  by  36 
hours,  and  on  further  application  by  another  24  hours,  versus  the  48-hour  scheme 
extant  in  Northern  Ireland  (see  Section  l.e). 

Defendants  awaiting  trial  have  a  statutory  rirfit  to  bail  unless  there  is  a  risk  that 
they  would  abscond,  commit  an  offense,  interfere  with  witnesses  or  otherwise  ob- 
struct the  course  of  justice,  or  unless  they  were  on  bail  when  the  alleged  offense 
was  committed.  Defendants  who  are  remanded  in  custody  are  protected  by  statutory 
custody  time  limits,  which  restrict  the  period  for  which  they  can  be  held  while 
awaiting  trial  to  a  maximum  of  182  days,  unless  the  court  grants  an  extension.  At 
year's  end,  a  total  of  25,648  defendants  were  awaiting  trial,  24  percent  of  them  in 
custody.  Of  those  in  custody,  86  percent  had  been  awaiting  trial  for  less  than  24 
weeks,  while  3  percent  (193)  had  been  waiting  longer  than  48  weeks.  These  statis- 
tics are  comparable  to  1996  statistics.  Crown  Court  statistics  show  that  the  average 
waiting  time  for  trial  there  continued  to  fall  (see  page  16.)  As  of  July  30,  the  Home 
Secretary  announced  that  existing  time  limits  would  be  enforced  more  strictly,  and 
that  new,  more  limited,  time  frames  would  be  imposed. 

The  law  gives  administrative  detention  power  to  immigration  officers.  There  is  no 
time  limit  for  such  detention  and  no  right  to  have  it  reviewed  by  a  court,  although 
recommendations  for  revised  legislation  are  currently  under  government  review.  At 
any  given  time,  750  to  800  asylum  seekers  are  detained,  either  in  regular  prisons, 
specially  built  detention  centers,  or  occasionally  in  police  cells.  The  average  period 
of  detention  is  about  152  days,  although  some  asylum  seekers  have  been  detained 
for  more  than  2  years.  Unlike  those  accused  of  criminal  offenses,  asylum  seekers 
are  given  no  written  statement  about  why  they  were  detained,  although  the  practice 


1382 

is  to  provide  them  updates  on  the  status  of  their  claims  and  the  time  required  for 
their  adjudication.  Asylum  seekers  do  not  have  an  automatic  right  to  apply  for  bail, 
and  bail  application,  which  can  be  made  to  immigration  appellate  authorities,  re- 
Quires  a  relatively  high  level  of  surety.  The  Home  Office  states  that  detention  is  au- 
thorized only  where  there  are  good  grounds  to  anticipate  noncompliance  with  the 
terms  of  temporary  admission  and  that  the  practice  does  not  affect  more  than  ap- 
proximately 1.5  jjercent  of  asylum  seekers  at  any  given  time. 

Under  the  1996  Asylum  and  Immigration  Act,  most  asylum  seekers  are  not  eligi- 
ble for  means-tested  welfare  benefits  while  their  applications  are  under  consider- 
ation. Those  from  countries  declared  to  be  "in  upheaval"  are  eligible  but  must  apply 
on  arrival  to  receive  benefits.  In  January  and  February,  a  well-publicized  hunger 
strike  among  asylum  seekers  in  Kent  protesting  government  treatment  caused  sig- 
nificant criticism  of  the  detention  policy.  On  July  30,  a  High  Court  judge  found  "ir- 
rational" a  government  ban  on  employment  for  asylum  seekers  who  are  awaiting  the 
results  of  appeals  from  decisions  denying  them  refugee  status.  Asylum  seeker 
Raghbir  Singh  Johal,  who  was  detained  for  20  months  by  the  Government  for  na- 
tional security  reasons,  was  released  in  late  1996. 

The  Government  does  not  practice  exile  (see  also  Section  2.d.).  Newspaper  articles 
indicate  that  terrorist  organizations  continued  to  threaten  individuals  and  families 
to  compel  them  to  leave  Northern  Ireland.  The  RUG  reported  that  46  families  of 

golice  officers,  ex-police  oflicers,  or  their  relatives  were  forced  to  move  from  their 
omes  due  to  terrorist  threats. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  independent  and  provides  citizens 
with  a  generally  fair  and  efficient  judicial  process. 

The  UK  has  several  levels  of  courts.  The  vast  majority  of  criminal  cases  are  heard 
by  magistrates  courts,  which  are  managed  by  locally  based  committees.  Their  deci- 
sions may  be  appealed  to  the  Crown  Court,  which  also  hears  criminal  cases  requir- 
ing a  jury  trial,  or  to  the  High  Court.  Crown  Court  convictions  may  be  appealed  to 
the  Court  of  Appeal,  which  in  turn  may  refer  cases  involving  points  of  law  to  the 
House  of  Lords.  The  Appellate  Committee  of  the  House  of  Lords  (which  consists  of 
senior  judges  and  is  functionally  distinct  from  the  legislative  arm)  is  the  final  court 
of  appeal.  On  March  31,  the  new  Criminal  Cases  Review  Commission  (CCRC)  began 
operating  as  an  additional  appellate  body  to  investigate  suspected  miscarriages  of 
justice  in  England,  Northern  Ireland,  and  Wales.  It  considers  cases  after  the  judicial 
appeals  process  has  been  exhausted  and  where  there  is  significant  new  evidence 
that  casts  doubt  on  the  conviction.  In  Scotland  similar  appeals  may  be  made  to  the 
Scottish  Office. 

The  law  provides  for  a  fair  trial,  and  the  authorities  respect  and  enforce  the  law. 
Defendants  enjoy  a  presumption  of  innocence,  the  right  to  question  witnesses 
against  them,  and  the  right  to  appeal  to  successively  higher  courts. 

Under  the  Criminal  Justice  and  Public  Order  Act  of  1994,  judges  have  the  power 
to  instruct  juries  that  they  may  draw  an  inference  of  guilt  from  a  defendant's  re- 
fusal to  answer  questions  during  interrogation  or  trial,  although  no  conviction  can 
be  based  solely  on  such  an  inference.  Human  rights  groups  and  the  U.N.  Human 
Rights  Committee  have  sharply  criticized  this  provision,  which  they  consider  an  ab- 
rogation of  the  right  against  self-incrimination.  A  similar  provision  is  in  effect  in 
Northern  Ireland. 

Indigent  defendants  have  the  right  to  free  counsel  of  their  choice,  with  some  ex- 
ceptions. Criminal  proceedings  must  be  held  in  public  except  those  in  juvenile  court 
and  those  involving  public  decency  or  security.  In  a  trial  under  the  Official  Secrets 
Act,  the  judge  may  order  the  court  closed,  but  the  sentencing  must  be  public. 

In  Northern  Ireland,  special  "emergency"  restrictions  aiiect  due  process.  Under 
the  Northern  Ireland  Emergency  Provisions  Act  of  1991  (EPA),  trials  for  certain  ter- 
rorist-related offenses  are  automatically  tried  in  "Diplock  courts"  without  a  jury  un- 
less they  are  specifically  "scheduled  out"  to  ordinary  jury  courts.  If  judges  decide  to 
convict,  they  must  justify  the  decision  in  a  document  that  becomes  part  of  the  court 
record.  An  appellate  court  may  overturn  the  decision  on  either  factual  or  legal 
grounds.  Through  August  (latest  available  statistics),  88  persons  stood  trial  in 
Diplock  courts.  Of  these,  74  pled  guilty;  of  the  14  who  stood  trial,  10  were  convicted 
and  4  were  acquitted.  The  Diplock  courts,  which  the  Government  asserts  are  nec- 
essary to  prevent  terrorists  from  intimidating  juries  and  suborning  justice,  have 
been  widely  criticized  by  human  rights  groups,  as  well  as  various  U.N.  committees. 
On  October  1,  the  Northern  Ireland  Secretary  announced  the  Government's  inten- 
tion to  narrow  the  scope  of  cases  considered  by  Diplock  courts. 

The  EPA  does  not  exclude  the  use  of  uncorroborated  confessions,  which  in  North- 
ern Ireland  may,  and  have  been,  used  as  the  sole  basis  for  conviction.  Additionally, 
the  EPA  permits  police  to  prevent  any  suspected  terrorist  from  contacting  legal 
counsel  for  up  to  48  hours  alter  arrest  under  certain  circumstances,  and  on  the  re- 


1383 

quest  of  a  police  officer  with  the  minimum  rank  of  superintendent.  After  a  detainee 
has  asked  to  see  a  lawyer  and  has  done  so,  this  period  is  renewable  in  subsequent 
48-hour  periods  until  the  detainee  is  charged  or  released.  Human  rights  groups  nave 
criticizea  these  provisions,  arguing  that  a  detainee  is  most  likely  to  need  counsel 
in  the  first  few  hours;  lack  of  counsel  during  that  time  makes  false  or  coerced  con- 
fessions and  detainee  abuse  more  likely.  According  to  the  RUC,  in  1996  detainees 
made  518  requests  under  the  EPA  for  access  to  a  lawyer,  13  of  which  were  delayed. 
Through  September  1997,  33  of  424  such  requests  were  delayed.  At  year's  end  the 
Grovemment  was  considering  how  to  implement  the  European  Court  of  Human 
Rights'  "Murray"  ruling,  which  found  the  48-hour  rule  incompatible  with  the  Euro- 
pean Convention  on  Human  Rights.  The  Government  has  not  yet  adopted  the  Con- 
vention, but  legislation  to  do  so  has  begun  working  its  way  through  in  Parliament. 

The  Criminal  Procedure  and  Investigations  Act  of  1996  reduced  defense  lawyers' 
access  to  potential  evidence  held  by  the  prosecution,  including  information  as  to  how 
the  evidence  was  collected.  According  to  the  Committee  on  the  Administration  of 
Justice,  this  practice  may  be  contrary  to  U.N.  guidelines  on  the  role  of  prosecutors. 

Human  rignts  groups  have  expressed  concern  about  intimidation  of  oefense  law- 
yers in  Northern  Ireland.  Attorney  Rosemary  Nelson  reported  that  within  a  4-week 
period  in  early  1997,  12  clients  who  had  been  held  at  the  Gough  Barracks  Detention 
Center  had  heard  RUC  officers  stating  that  she  was  going  to  be  killed,  presumably 
by  loyalists.  Similar  threats  continued  through  Octoter.  Nelson  has  loc&ed  a  com- 
plaint against  the  RUC,  which  remained  under  investigation  at  year's  end. 

On  June  20,  Patrick  Kane  was  released  from  prison  after  serving  9  years  for  the 
murder  of  two  army  corporals  in  Northern  Ireland.  A  Court  of  Appeal  ruled  Kane's 
conviction  "unsafe"  (that  is,  it  overturned  his  conviction)  because  of  Kane's  limited 
intelligence  and  anxious  nature. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — War- 
rants are  normally  required  for  a  police  search  of  private  premises.  However,  under 
the  1991  EPA,  members  of  the  armed  forces  or  police  in  Northern  Ireland  may  enter 
and  search  "any  premises  for  the  purpose  of  arresting  a  person  for  an  arrestable 
offense,  but  only  if  he  or  she  has  reasonable  grounds  for  believing  that  the  person 
being  sought  is  on  the  premises."  The  requirement  for  "reasonable"  grounas  has 
been  broadly  interpreted  oy  the  Northern  Ireland  courts. 

Primarily  due  to  fear  of  intercommunal  violence,  many  Protestant  and  Catholic 
families  in  Northern  Ireland  continued  to  move  away  from  mixed  or  border  neigh- 
borhoods. 

In  Northern  Ireland,  paramilitary  groups  have  attacked  and  threatened  to  attack 
the  homes  and  families  of  police  and  politicians  (see  Sections  l.a.  and  I.e.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Strongly  held  common-law  tradition,  an  inde- 
pendent press,  and  a  democratic  political  system  combine  to  secure  freedom  of 
speech  and  of  the  press.  Viewpoints  critical  of  the  Government  are  well  represented. 
The  print  media  are  dominated  by  a  handful  of  national  daily  newspapers,  all  pri- 
vately owned  and  independent  (although  often  generally  aligned  with  a  political 
party).  About  half  the  electronic  media  are  run  by  the  British  Broadcasting  Corpora- 
tion (BBC),  which  is  funded  by  the  Government  but  enjoys  complete  editorial  inde- 
pendence. The  remainder  are  run  by  corporations  under  renewable  government  li- 
cense. 

Human  rights  organizations  and  journalists  continued  to  criticize  the  1981  Con- 
tempt of  Court  Act,  which  allows  courts  to  order  .a  journalist  to  disclose  a  source 
if  this  is  deemed  to  be  "in  the  interests  of  justice."  In  1996  the  European  Court  of 
Human  Rights  found  that  the  Government  had  violated  the  right  to  free  expression 
when  journalist  William  Goodwin  and  his  publishers  were  held  in  contempt  of  court 
for  refusing  to  disclose  the  identity  of  a  source  of  confidential  corporate  information 
that,  if  published,  might  have  caused  financial  harm  to  a  conipany.  In  July  a  British 
court  refused  to  apply  the  Goodwin  precedent,  compelling  "Marketing  Week"  maga- 
zine to  disclose  how  it  learned  of  the  Camelot  organization's  plans  for  pay  increases 
5  days  before  the  public  announcement.  Marketing  Week  appealed  the  decision  in 
July.  Because  of  cases  such  as  "Camelot,"  journalists  have  criticized  the  Contempt 
of  Court  Act  for  failing  to  provide  the  safeguards  intended  for  them  and  their  con- 
fidential sources. 

The  doctrine  of  public  interest  immunity  (PII)  allows  government  ministers  to  pre- 
vent certain  information  from  being  disclosed  during  litigation,  on  the  grounds  that 
such  revelation  would  be  contrary  to  the  public  interest.  Human  rights  groups  have 
criticized  the  doctrine  and  accused  the  Government  of  using  it  to  protect  govern- 
ment officials.  Additionally,  the  Official  Secrets  Act,  another  law  citea  by  journalists 


45-909    98-45 


1384 

as  unduly  restrictive,  prohibits  the  defense  that  the  information  is  already  in  the 
public  domain  or  that  its  publication  is  in  the  public  interest. 

In  December,  the  government  published  a  White  Paper  (a  proposed  policy  paper 
drafted  in  preparation  for  legislation)  detailing  a  comprehensive  new  Freedom  of  In- 
formation Act.  The  proposea  Act  would  allow  public  access  to  most  official  informa- 
tion, require  public  organizations  to  regularly  publicize  raw  data  and  facts,  and  im- 
prove individual  access  to  personal  information.  Hailed  by  some  in  government  as 
a  fundamental  philosophical  change,  the  plan  has  been  praised  by  the  Campaign  for 
Freedom  of  Information,  which  was  reportedly  pleased  by  the  extent  of  the  proposed 
reform.  A  draft  bill  is  expected  in  Spring  1998. 

Academic  freedom  is  respected. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  the  right 
of  peaceful  assembly  and  association,  but  the  right  is  routinely  limited  where  it 
would  impose  a  cost  on  public  convenience.  The  annual  "marching  season"  in  North- 
ern Ireland  posed  special  problems  for  the  Government  as  it  tried  to  protect  this 
right  in  practice.  During  several  weeks  in  the  summer,  some  100,000  members  of 
the  Orange  Order  and  similar  Protestant  organizations  stage  traditional  parades  to 
celebrate  their  history  and  cultural  identity.  While  few  of  the  3,100  parades  held 
each  year  are  contentious,  about  40  that  celebrate  Protestant  "triumphs"  in  histori- 
cal battles  or  are  routed  through  Catholic  neighborhoods  give  rise  to  tensions.  Simi- 
lar organizations  in  the  Nationalist  community  also  march  during  the  summer,  al- 
though the  smaller  scale  of  those  parades  has  presented  law  enforcement  authorities 
with  fewer  difficulties. 

In  early  summer  the  Secretary  of  State  for  Northern  Ireland,  working  with  both 
Protestant  and  Catholic  groups  and  a  new  Parades  Commission  (a  five-member  ap- 
pointed body  designed  to  facilitate  mediation  of  contentious  parades,  which,  al- 
though seen  as  a  positive  innovation,  as  of  yet  has  no  authority  to  compel  action), 
attempted  to  effect  a  compromise  on  some  of  the  most  contentious  marches.  After 
this  effort  failed,  the  RUC  Chief  Constable,  citing  the  need  to  minimize  the  possibil- 
ity of  serious  violence  including  loss  of  life,  decided  to  permit  the  July  6  march  along 
the  Garvaghy  road  in  the  Drumcree  area  of  Portadown.  Protests  were  widespread 
as  Nationalists  denounced  the  decision  as  a  concession  to  mob  rule.  In  order  to  se- 
cure access  to  a  particularly  contentious  streteh  of  the  road,  a  massive  police  pres- 
ence cleared  and  secured  the  route  in  a  predawn  operation,  and  kept  residents,  pri- 
marily Catholics,  behind  a  thick  cordon  of  armored  vehicles  and  riot  gear-clad  offi- 
cers. A  brief  but  intense  clash  broke  out  between  police  and  several  dozen  protest- 
ers. Fourteen  persons  were  injured  in  the  skirmish,  some  by  plastic  bullets.  There 
was  criticism  of  police  tactics  as  overly  aggressive  and  directed  primarily  against 
Catholics;  at  the  same  time,  there  was  evidence  that  some  of  the  violence  was  or- 
chestrated by  republican  groups. 

Several  days  of  serious  rioting  ensued  across  Northern  Ireland,  which  included  car 
and  train  burnings  and  paramilitary  attacks  on  the  security  forces,  including  a  rock- 
et attack  on  an  RUC  vehicle  and  the  shooting  of  a  female  officer.  In  the  atmosphere 
of  increased  tension  and  violence,  the  Orange  Order  voluntarily  canceled  or  rerouted 
four  particularly  contentious  parades,  a  decision  that  averted  the  danger  of  contin- 
ued civil  unrest. 

A  serious  riot  occurred  in  Londonderry  on  December  13  when  republicans  pro- 
tested a  unionist  march  through  the  center  of  the  city  by  throwing  some  1,000  Molo- 
tov  cocktails.  Police  responded  by  firing  169  plastic  bullets.  No  life-threatening  inju- 
ries were  reported. 

Under  the  PTA,  the  Secretary  of  State  for  Northern  Ireland  may  proscribe  any 
organization  that  "appears  .  .  .  to  be  concerned  in,  or  in  promoting  or  encouraging 
terrorism  occurring  in  the  United  Kingdom  and  connected  with  the  affairs  of  North- 
ern Ireland."  Membership  in  proscribed  loyalist  and  republican  paramilitary  groups 
is  punishable  by  up  to  10  years'  imprisonment.  In  June  the  Secretary  of  State  pro- 
scribed two  groups,  the  loyalist  Volunteer  Force  a  breakaway  group  of  the  Ulster 
Volunteer  Force,  which  refuses  to  accept  the  loyalist  cease-fire,  and  the  Continuity 
Army  Council  IRA,  a  republican  group  that  has  opposed  calls  for  an  IRA  cease-fire. 
The  Council  has  claimed  responsibility  for  attacks  on  the  police  and  army  and  is 
suspected  in  a  number  of  other  sectarian  attacks  in  Northern  Ireland,  including  a 
car  bomb  attack  in  Markethill  in  September.  The  LVF  is  believed  to  be  responsible 
for  a  number  of  bombings  and  sectarian  killings,  including  the  killing  of  Sean 
Brown  in  Bellaghy  in  May,  and  Seamus  Dillon  and  Eddie  Treanor  in  December  (see 
Section  l.a.).  The  LVF  also  threatened  heavy  bombing  in  the  Republic  of  Ireland  if 
the  Orange  Order  March  in  Portadown  was  banned. 

Supporting  proscribed  paramilitary  groups  is  also  an  imprisonable  offense,  as  is 
wearing  clothing  that  arouses  "reasonable  suspicion"  that  tne  wearer  belongs  to  or 
supports  proscribed  organizations.  Human  rights  activists,  while  acknowledging  the 


1385 

deterrent  efTects  of  proscription  powers,  argue  for  the  repeal  of  this  law  because  it 
violates  the  fundamental  right  of  freedom  of  association  and  an  individual's  right 
to  express  personal  opinions  and  beliefs. 

c.  Freedom  of  Religion. — Government  policy  and  general  practice  ensure  freedom 
of  religion  for  traditional  and  nontraditional  worshippers.  Despite  the  existence  of 
state  religions  (the  Anglican  Church  of  England  ana  the  Presbjderian  Church  of 
Scotland),  members  of  all  faiths  and  denominations  enjoy  freedom  of  worship.  Dis- 
crimination on  religious  or  political  grounds  is  specifically  outlawed  in  Northern  Ire- 
land, although  not  currently  in  the  rest  of  the  country.  Those  who  believe  that  their 
freedom  to  worship  has  been  abrogated  have  the  right  to  appeal  to  the  European 
Court  of  Human  Rights  for  relief  Although  not  enforced,  blasphemy  with  respect 
to  Christian  beliefs  is  still  technically  illegal.  Several  religious  organizations,  in  as- 
sociation with  the  Commission  for  Racial  Equality,  are  attempting  to  either  abolish 
the  rule  or  expand  it  to  protect  all  faiths. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  enjoy  freedom  of  movement  witnin  the  country  and  in  foreign 
travel,  emigration,  and  repatriation.  However,  the  Home  Secretary  may  exclude 
from  Great  Britain  anyone  believed  linked  with  terrorism  in  Northern  Ireland,  ex- 
cept anyone  born  in  Great  Britain  or  resident  there  for  3  years.  The  Grounds  for 
exclusion  need  not  be  revealed.  As  of  September  30,  13  persons  (versus  22  in  1996) 
are  subject  to  exclusion  orders.  Several  Members  of  Parliament,  human  rights 
groups,  and  the  media  have  objected  to  exclusion  orders.  On  October  30  the  Home 
Secretary  revoked  all  of  the  exclusion  orders  as  part  of  the  peace  process  confidence- 
building  measures. 

The  Government  cooperates  closely  with  the  U.N.  High  Commissioner  for  Refu- 
gees (UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees.  First 
asylum  is  provided  under  a  temporary  protection  process  started  in  1992.  All  appli- 
cants are  screened  by  the  UNH(JR.  As  of  June  30,  the  Government  accepted  15,910 
applications  for  first  asylum,  a  22  per  cent  decrease  over  1996.  Under  the  first  asy- 
lum program,  successful  applicants  are  given  6  months'  "leave  to  enter  the  country" 
on  arrival.  They  can  then  apply  for  an  automatic  3V2  year  extension  of  their  stay, 
and  may  apply  for  refugee  status  at  any  time.  Such  applications  are  considered  in 
accordance  with  the  criteria  set  out  in  the  1951  UN  refugee  convention.  Some  asy- 
lum seekers  are  detained  while  the  Government  reviews  their  cases  (see  Section 
l.d.). 

Of  decisions  taken  on  asylum  applications  in  1997,  11  percent  were  to  recognize 
the  applicant  as  a  refugee  and  grant  asylum,  and  9  percent  were  granted  "excep- 
tional leave  to  remain,"  although  the  applicants  were  refused  asylum. 

The  Government  began  a  review  of  asylum  and  detention  policies,  which  was  not 
complete  by  year's  end. 

In  April  the  press  reported  that  after  being  denied  asylum,  Maurad  Amara  was 
killed  within  2  weeks  of  his  deportation  to  Algeria.  After  public  criticism,  the  Gov- 
ernment froze  further  deportations  to  Algeria,  pending  a  review  of  the  situation 
there.  Shortly  thereafter,  it  was  discovered  that  Amara  was  alive  and  well.  Never- 
theless, violent  events  in  Algeria  over  the  summer  months  prompted  another  freeze 
on  Algerian  deportations. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  to  change  their  government  and  freely  exercise  that  right. 
The  Government  is  formed  on  the  basis  of  a  majority  of  seats  in  the  House  of  Com- 
mons, which  are  contested  in  elections  held  at  intervals  not  longer  than  5  years. 

Participation  in  the  political  process  is  open  to  all  persons  and  parties.  All  citizens 
18  years  of  age  and  older  may  vote.  As  in  the  rest  of  the  UK,  Northern  Ireland  has 
city  and  district  councils,  but  with  fewer  powers.  England  and  Wales  also  have 
county  councils.  On  September  11,  in  Scotland,  74 percent  of  those  voting,  (there  was 
a  60percent  turnout)  voted  in  favor  of  creating  a  separate  Scottish  Parliament  which 
is  to  assume  responsibility  for  local  matters  such  as  health,  education,  and  economic 
development.  The  Parliament  will  also  have  limited  taxation  powers.  The  Scottish 
National  Party,  which  holds  6  seats  in  the  UK  Parliament,  advocates  complete  inde- 
pendence for  Scotland.  Wales  narrowly  passed  a  similar  devolution  measure  on  Sep- 
tember 18,  but  the  new  Welsh  assembly  is  not  to  have  tax-raising  powers.  Despite 
periodic  attempts,  there  has  been  no  devolved  government  in  Northern  Ireland  since 
1972  because  of  the  situation  there  and  the  lack  of  progress  in  political  negotiations. 

British  dependent  territories  have  small  populations  (about  160,000  persons  in 
total),  with  appointed  governors  or  administrators  assisted  by  executive  councils 
(usually  appointed)  and  legislative  assemblies  or  councils  (partly  elected).  In  the 
summer,  tnere  was  a  call  by  residents  in  several  dependent  territories,  particularly 


1386 

Anguilla,  to  explore  increased  autonomy  to  deal  with  domestic  issues,  although 
there  is  no  strong  agitation  for  independence.  The  Government  has  committed  to  co- 
operating in  these  efforts,  including  promising  a  comprehensive  dependent  territory 
policy  review  due  in  early  1998. 

Women  and  minorities  face  no  legal  constraints  on  voting  or  holding  office.  Fol- 
lowing the  May  elections,  women  constitute  18  percent  of  the  membership  of  the 
lower  legislative  chamber  and  nearly  8  percent  of  the  upper  chamber  (up  from  10 
and  5  percent  respectively).  Seventeen  members  of  minority  ethnic  groups  serve  in 
Parliament. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

A  wide  variety  of  human  rights  groups  operate  without  government  restriction, 
investigating  and  publishing  their  findings  on  human  rights  issues  and  cases.  Gov- 
ernment officials  are  cooperative  and  responsive  to  their  views.  In  1973  the  Govern- 
ment established  a  Standing  Advisory  Commission  on  Human  Rights  (SACHR)  to 
monitor  human  rights  in  Northern  Ireland  but  has  adopted  few  of  its  security-relat- 
ed recommendations. 

A  number  of  international  nongovernmental  human  rights  organizations,  includ- 
ing Amnesty  International,  Human  Rights  Watch/Helsinki,  and  Article  19,  are 
based  in  the  UK.  The  Government  cooperates  fully  with  international  inquiries  into 
alleged  violations  of  human  rights. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Race  Relations  Act  of  1976  prohibits  discrimination  on  the  basis  of  race,  color, 
nationality,  or  national  or  ethnic  origin,  and  outlaws  incitement  to  racial  hatred.  In 
August  the  Race  Relations  (Northern  Ireland)  Order  extended  these  protections  to 
Northern  Ireland.  Human  rights  groups  claim  that  the  travelers,  a  white,  nomadic 
indigenous  population  (estimated  to  number  some  1,000  persons)  that  comprises  the 
second  largest  minority  ethnic  group  in  Northern  Ireland,  and  a  significant  minority 
in  the  rest  of  the  UK,  experience  marginalization,  educational  discrimination,  and 
police  and  societal  harassment  greater  than  that  of  the  settled  population.  U.N. 
committees  on  both  the  Rights  ofthe  Child  and  the  Elimination  of  Racial  Discrimi- 
nation have  expressed  similar  concerns. 

Discrimination  on  the  grounds  of  religious  or  political  opinion  is  specifically  un- 
lawful in  Northern  Ireland  but  not  in  Great  Britain.  Discrimination  on  the  basis  of 
religion  is  only  illegal  in  Great  Britain  when  its  effect  is  to  discriminate  against  a 
member  of  a  minority  ethnic  group.  The  Government  respects  and  enforces  all  anti- 
discrimination laws,  which  concentrate  on  employment  and  the  supply  of  goods  and 
services. 

Women. — Statistical  and  other  evidence  indicates  that  most  victims  of  societal  vio- 
lence are  women.  Domestic  violence  currently  constitutes  43  per  cent  of  reported 
violent  crimes  against  women  and  accounts  for  almost  17  percent  of  all  reported  vio- 
lent crimes.  As  promised,  the  Government  introduced  the  Protection  from  Harass- 
ment Act  of  1997  in  March,  which  calls  for  prison  sentences  of  up  to  5  years  for 
convicted  stalkers. 

The  law  provides  for  injunctive  relief,  personal  protection  orders,  and  protective 
exclusion  orders  (similar  to  restraining  orders)  for  women  who  are  victims  of  vio- 
lence. The  Government  provides  shelters,  counseling,  and  other  assistance  for  vic- 
tims of  battery  or  rape  and  offers  free  legal  aid  to  battered  women  who  are  economi- 
cally reliant  upon  their  abusers.  The  Government  actively  prosecutes  perpetrators 
of  domestic  violence.  Section  33  of  the  1994  Criminal  Justice  and  Public  (Jrder  Act 
abolished  the  requirement  that  judges  warn  juries  that  a  victim's  testimony  alone 
should  not  be  adequate  for  a  rape  conviction.  The  Act  also  made  sexual  and  other 
intentional  harassment  a  criminal  offense.  In  September  a  court  ordered  the  first 
civil  damages  award  of  about  $24,000  (14,000  British  pounds)  to  a  victim  of  marital 
rape. 

The  law  also  provides  for  equal  opportunity  between  the  sexes,  but  women  experi- 
ence some  discrimination  in  practice.  The  1975  Sex  Discrimination  Act,  as  amended 
in  1986,  prohibits  both  direct  and  indirect  discrimination  in  training,  education, 
housing,  and  provision  of  goods  and  services,  as  well  as  in  employment.  Women 
have  equal  rights  regarding  property  and  divorce.  According  to  the  Government's 
Equal  (opportunities  Commission  (which  supports  persons  who  bring  discrimination 
cases  belore  industrial  tribunals  and  courts,  and  produces  guidelines  on  good  prac- 
tice for  employers),  there  has  been  significant  progress  towards  equal  opportunity 
for  women  since  the  Commission  was  establishea  in  1975.  However,  according  to  the 
Equal  Opportunities  Commission  women  still  earn  approximately  20  per  cent  less 


1387 

than  their  male  counterparts  in  comparable  positions,  a  number  that  has  changed 
little  in  recent  years.  A  government  minister  cochairs  the  Women's  National  Com- 
mission, a  forum  for  women's  organizations  that  presents  women's  views  to  the  gov- 
ernment. 

Children. — The  Government  demonstrates  its  strong  commitment  to  children's 
rights  and  welfare  through  its  well-funded  systems  of  public  education  and  medical 
care.  The  government  provides  free,  compulsory  education  up  to  age  16,  and  then 
to  the  age  of  18  if  the  student  so  desires.  While  there  is  no  societal  pattern  of  abuse 
directed  against  children,  indications  are,  despite  the  lack  of  reliable  data,  that  child 
abuse  is  nevertheless  a  problem.  Throughout  the  year  a  tribunal  continued  hearings 
into  allegations  of  systematic  abuse  of  more  than  650  children  by  staff  at  various 
public  and  private  children's  homes  in  Wales.  Findings  are  expected  in  January 
1998.  Under  the  PTA,  police  can  arrest  and  detain  minors  for  up  to  7  days. 

Various  laws  covering  England  and  Wales  stipulate  that  children  have  the  right 
to  apply  for  court  orders,  to  give  or  withhold  consent  for  medical  treatment  (for 
those  capable  of  making  an  informed  decision),  to  make  complaints  to  the  relevant 
local  autnority,  to  have  their  ethnic,  linguistic,  and  religious  background  considered 
in  decisions  affecting  them,  to  have  reasonable  contact  with  their  families  (usually 
applied  in  a  circumstance  where  there  has  been  abuse),  and  in  general  to  be  con- 
sulted regarding  their  desires. 

People  With  Disabilities. — The  1995  Disability  Discrimination  Act  outlaws  dis- 
crimination against  disabled  persons  in  the  provision  of  access  to  public  facilities  by 
employers  of  more  than  20  workers,  service  providers  (apart  from  those  providing 
education  or  running  transport  vehicles),  and  anyone  selling  or  renting  property. 
The  1993  Education  Act  imposes  specific  duties  on  local  education  authorities  to 
make  provision  for  the  special  educational  needs  of  disabled  children.  Disabled 
rights  groups  continued  to  complain  that  the  Government  had  declined  to  create  an 
enforcement  body  for  the  Discrimination  Act. 

Rights  Now,  a  consortium  of  over  50  independent  organizations  campaigning  for 
laws  to  end  discrimination  on  the  grounds  of  disability,  reported  that  employers 
were  6  times  more  likely  to  turn  down  a  disabled  person  for  a  job  interview  than 
a  nondisabled  applicant  with  the  same  qualifications.  Rights  Now  also  reported  that 
there  are  currently  400,00  to  450,000  people  needing  wneelchair-accessiole  homes, 
but  that  only  80,000  such  homes  are  available.  Although  wheelchair  accessibility  at 
voting  sites  improved  since  the  1992  elections  when  88  per  cent  of  the  polling  sta- 
tions were  inaccessible  to  physically  disabled  voters,  81  per  cent  of  the  1997  sites 
posed  two  or  more  access  problems  (e.g.,  no  wheelchair  ramps,  or  voting  booths  that 
were  too  high)  for  wheelchair-bound  voters. 

Access  to  buildings  generally  improved  but  remains  inadequate.  Many  buildings 
and  train  stations  are  so  old  that  tney  do  not  have  elevators,  although  government 
regulations  require  that  all  new  buildings  meet  the  access  requirements  of  all  per- 
sons with  impaired  mobility.  In  1992  the  Government  promulgated  similar  regula- 
tions for  sensory-impaired  persons,  and  current  regulations  require  that  all  taxis  be 
wheelchair  accessible  by  the  year  2000. 

Religious  Minorities. — Despite  government  efforts  and  the  lowering  of  the  overall 
unemployment  rate  in  Northern  Ireland  in  December  to  7.8  per  cent,  the  unemploy- 
ment rate  for  Catholic  men  in  Northern  Ireland  remained  twice  that  for  Protestant 
men.  The  Fair  Employment  (Northern  Ireland)  Act  of  1989,  as  amended,  aims  to 
end  even  unintentional  or  indirect  discrimination  in  the  workplace,  and  a  fair  eni- 
ployment  tribunal  adjudicates  complaints.  All  public-sector  employers  and  all  pri- 
vate firms  with  over  10  workers  must  report  annually  to  the  Fair  Employment  Com- 
mission on  the  religious  composition  of  their  work  force,  and  must  review  their  em- 
ployment practices  at  least  once  every  3  years.  Noncompliance  can  bring  criminal 
penalties  and  loss  of  government  contracts.  Victims  of  employment  discrimination 
may  sue  for  damages.  While  critics  of  the  Act  have  asserted  that  its  targets  and 
timetables  are  too  imprecise,  most  leaders  of  the  Catholic  community  have  praised 
it  as  a  positive  step.  In  June  the  Standing  Advisory  Commission  on  Human  Rights 
(SACHR)  completed  its  review  of  the  adequacy  of  the  fair  employment  legislation 
and  government  policy  in  this  area  and  made  a  significant  number  of  recommenda- 
tions to  make  them  more  effective.  At  year's  end  the  Government  was  continuing 
its  review  of  these  recommendations. 

There  have  been  improvements  in  fair  housing,  education,  and  provision  of  goods 
and  services,  although,  other  than  in  Northern  Ireland,  there  is  no  legislation  to 
prohibit  discrimination  on  the  basis  of  religion. 

While  active  recruitment  of  Catholics  by  the  Northern  Ireland  civil  service  has 
produced  rough  proportionality  in  overall  numbers,  the  service  acknowledges  that 
Catholics  remain  significantly  underrepresented  in  its  senior  grades.  Service-wide 
employment  cutbacks  have  thus  far  hampered  efforts  to  overcome  this  imbalance. 


1388 

Government  efForts  to  increase  recruitment  of  Catholics  into  the  poHce  force  (cur- 
rently 92  percent  Protestant)  and  related  security  jobs  in  Nothern  Ireland  have  been 
hampered  by  ERA  killings  and  death  threats,  as  well  as  widespread  antipathy  in  the 
Catholic  community  to  the  security  forces.  From  1994  to  1996,  76  Catholic  ofTicers 
were  hired  by  the  regular  RUC,  but  the  percentage  of  Catholics  on  the  force  re- 
mained virtually  unchanged. 

At  least  six  arson  attacks  were  committed  in  Northern  Ireland  against  Catholic 
churches  and  at  least  one  against  a  Protestant  church.  Loyalists  broke  into  a  Catho- 
lic Church  in  Northern  Ireland  in  December,  breaking  windows  and  various  other 
articles,  a  not  unusual  practice,  according  to  the  priest  there.  A  spring  attack 
against  a  Mormon  church  was  deemed  an  act  of  vandalism  rather  than  a  sectarian 
oiiense. 

According  to  the  Institute  for  Jewish  Policy  research,  the  number  of  anti-Semitic 
incidents  in  Britain  declined  in  1996  (latest  figures)  for  the  third  consecutive  year. 

National  I  Racial  I  Ethnic  Minorities. — Despite  legal  prohibitions  against  race  dis- 
crimination, persons  of  African,  South  Asian,  or  traveler  origin  face  occasional  acts 
of  societal  violence  and  some  discrimination.  According  to  Human  Rights  Watch, 
from  1989  to  1996,  the  number  of  reported  racial  incidents  rose  from  4,383  to  12,199 
(a  racial  incident  was  defined  as  "any  incident  in  which  it  appears  to  the  reporting 
or  investigating  office  that  the  complaint  involves  an  element  of  racial  motivation, 
or  any  incident  that  includes  an  allegation  of  social  motivation  made  by  any  person, 
whether  the  victim  or  a  third  party  ).  Incitement  to  racial  hatred  is  a  criminal  of- 
fense punishable  by  a  maximum  of  2  years'  imprisonment.  The  Government  strictly 
enforces  the  laws  and  regulations  in  this  area.  In  October  the  Home  Secretary  an- 
nounced the  Government  s  intention  to  add  up  to  2  years'  additional  prison  time  for 
those  convicted  of  racially-motivated  crim.es.  By  year's  end,  the  proposed  legislation 
was  moving  through  the  Parliamentary  process. 

A  government-appointed  but  independent  Commission  for  Racial  Equality  (CRE) 

Provides  guidelines  on  good  practice,  supports  persons  taking  court  action  under  the 
ace  Relations  Act  of  1976,  and  may  initiate  its  own  court  action.  After  investigat- 
ing a  complaint,  the  CRE  may  issue  a  notice  requiring  that  the  discrimination  be 
stopped.  The  CRE  monitors  the  response  to  such  a  notice  for  5  years. 

An  inquest  jury  decided  in  February  that  black  teenager  Stephen  Lawrence  had 
been  "unlawfully  killed"  by  five  white  youths  in  an  unprovokea,  racially-motivated 
attack.  There  have  been  several  unsuccessful  attempts  to  convict  the  perpetrators. 
A  public  hearing  into  Lawrence's  death  is  scheduled  for  early  1998. 

In  March  the  U.N.  Committee  on  the  Elimination  of  Racial  Discrimination  ex- 

Rressed  concern  at  the  (jovemment's  delay  in  passing  race  relations  legislation  for 
[orthern  Ireland  and  highlighted  apparent  deficiencies  in  the  proposed  legislation. 
(Discrimination  based  on  race  is  pronibited  in  the  rest  of  the  UK.)  In  August  the 
Government  passed  the  Race  Relations  (Northern  Ireland)  Order  1997,  which  for 
the  first  time  gives  specific  legal  protection  to  minority  ethnic  groups  there,  includ- 
ing the  traveler  community. 

In  September  the  European  Committee  for  the  Prevention  of  Torture  met  with 
lawyers  and  prison  officials.  The  Committee  investigated,  among  other  issues,  the 
disproportionate  numbers  of  detained  or  incarcerated  minorities  dying  or  injured 
while  in  police  custody  (see  Section  l.a.).  In  1996  the  U.N.  Committee  on  the  Elimi- 
nation of^Racial  Discrimination  had  noted  with  serious  concern  that  among  the  vic- 
tims of  death  in  custody  were  a  disproportionate  number  of  members  of  minority 
groups;  that  police  brutality  appeared  to  affect  members  of  minority  groups  dis- 
proportionately; that  allegations  of  police  brutality  and  harassment  were  reportedly 
not  vigorously  investigated;  and  that  perpetrators,  once  guilt  was  established,  were 
not  punished  appropriately. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  have  the  right  to  form  and  join  unions,  and 
the  Government  respects  this  right  in  practice.  Unions  participate  freely  in  inter- 
national organizations,  and  are  free  of  government  control.  Like  employers'  associa- 
tions, they  must  have  their  accounts  certified  by  the  Government.  Senior  union  offi- 
cers must  be  elected  by  secret  ballot.  Additionally,  the  law  mandates  secret  ballots 
before  a  strike  call,  prohibits  unions  from  disciplining  members  who  reject  a  legal 
strike  call,  and  allows  members  to  lodge  complaints  against  their  union  with  a  gov- 
ernment-appointed commissioner. 

No  specific  statutory  "right  to  strike"  exists,  and  voluntary  cessation  of  work  may 
be  considered  a  breach  of  contract.  A  system  of  legal  immunities  from  prosecution 
for  unions  engaged  in  lawful  industrial  action  was  narrowed  by  acts  of  Parliament 
in  the  1980's.  These  acts  exclude  secondary  strikes  and  actions  judged  to  have  politi- 
cal motives;  unions  encouraging  such  strikes  are  subject  to  fines  and  seizure  oi  their 


1389 

assets.  The  legislation  also  tightly  restricts  the  ability  of  unions  to  act  against  sub- 
sidiaries of  prime  employers  with  which  they  are  in  dispute  when  the  subsidiaries 
are  not  party  to  the  dispute  and  are  the  employers  of  record. 

In  1993  tne  Council  of  Europe  (COE)  determined  that  British  labor  law  violated 
the  European  Social  Charter  by  permitting  an  employer  to  dismiss  all  employees 
who  take  part  in  a  strike  and  then,  after  3  months,  to  rehire  them  selectively.  The 
Council  requested  that  the  British  Government  notify  it  of  the  measures  to  be  taken 
to  remedy  this  defect.  The  new  Government  is  in  the  process  of  reexamining  this 
question,  with  proposals  to  be  published  in  early  1998  in  a  White  Paper  entitled 
'Taimess  at  Work. 

It  is  illegal  to  deny  employment  on  the  grounds  that  the  applicant  is  not  a  union 
member.  The  Trade  Union  Keform  and  Employment  Rights  Act  of  1993  set  new  pro- 
cedural requirements  for  union  strikes,  dues  collection,  and  membership  rules.  It 
also  made  it  possible  for  private  citizens,  when  deprived  of  goods  or  services  due 
to  strike  action,  to  seek  d!iamages  and  to  obtain  assistance  in  this  effort  from  the 

fovemment.  The  Trade  Unions  Congress  (TUC)  in  1993  lodged  complaints  with  the 
nternational  Labor  Organization  (ILO)  on  various  provisions  of  the  1993  Act  (see 
Section  6.b.).  In  1995  the  House  of  Lords  upheld  a  provision  of  the  Employment  Pro- 
tection Act  of  1978,  as  amended  by  the  Employment  Act  of  1988,  allowing  employers 
to  offer  workers  financial  inducements  to  give  up  union  representation.  In  1996  the 
Committee  of  Experts  of  the  ILO  found  this  law  to  be  in  substantial  violation  of 
Convention  98  on  the  right  to  organize  and  bargain  collectively  and  asked  the  UK 
to  amend  its  legislation.  The  new  Government  is  in  the  process  of  examining  this 
recommendation. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Employers  have  no  legal  obli- 
gation to  bargain  with  workers'  representatives.  However,  the  new  Government 
pledged  to  pass  a  law  requiring  such  bargaining  in  work  places  where  there  is  a 
majority  of  worker  support.  Wmle  labor-management  contracts  are  not  enforceable 
in  the  courts,  collective  bargaining  is  longstanding  and  widespread,  covering  about 
40  percent  of  the  work  force. 

Workers  who  believe  themselves  to  be  victims  of  antiunion  discrimination  may 
seek  redress  through  industrial  tribunals.  Remedies  available  include  payment  of 
indemnities  and  reinstatement. 

Contrary  to  ILO  Convention  98,  UK  employers  or  others  may  lawfully  circulate 
blacklists  of  union  members  seeking  employment.  In  1993  the  ILO  concluded  that 
the  Government  was  obliged  to  protect  union  members  from  such  discrimination.  At 
year's  end,  the  Government  was  considering  its  response  to  this  finding. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor,  in- 
cluding that  performed  by  children,  is  prohibited  and  is  not  practiced,  although  the 
ILO  has  raised  questions  about  the  situation  in  privatized  prisons. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — School  at- 
tendance until  age  16  is  compulsory.  Children  under  age  16  are  not  permitted  to 
work  in  an  industrial  enterprise  except  as  part  of  an  educational  course.  Forced  and 
bonded  child  labor  is  prohibited,  and  the  Government  effectively  enforces  this  prohi- 
bition. 

e.  Acceptable  Conditions  of  Work. — No  legislated  minimum  wage  exists,  but  the 
new  Government  pledged  to  institute  one  in  early  1998.  Nor  does  any  legislation 
limit  daily  or  weekly  working  hours,  but  new  laws  to  bring  the  UK  into  compliance 
with  the  European  Union's  48-hour  workweek  directive  were  expected  by  year's  end. 

The  Health  and  Safety  at  Work  Act  of  1974  stipulates  that  the  health  and  safety 
of  employees  not  be  placed  at  risk.  A  Health  and  Safety  Commission  effectively  en- 
forces regulations  on  these  matters  and  may  initiate  criminal  proceedings  in  appro- 
priate cases.  Workers'  representatives  actively  monitor  enforcement  of  the  Act. 
Workers  can  remove  themselves  from  hazardous  conditions  without  risking  loss  of 
employment,  as  provided  in  the  European  Union  framework  directive  on  safety  and 
health. 


UZBEKISTAN 

Uzbekistan  is  an  authoritarian  state  with  limited  civil  rights.  The  Constitution 

f)rovides  for  a  presidential  system  with  separation  of  powers  between  the  executive, 
egislative,  and  judicial  branches.  In  practice  President  Islam  Karimov  and  the  cen- 
tralized executive  branch  that  serves  him  remain  the  dominant  forces  in  political 
life.  The  Oliy  Majlis  (Parliament)  is  dominated  by  the  executive  branch,  and  only 
parties  that  support  the  President  are  represented.  Although  the  Constitution  pro- 


1390 

vides  for  an  independent  judicial  authority,  in  practice  the  judicial  branch  is  heavily 
influenced  by  the  executive  branch  in  civil  and  criminal  cases. 

The  police  are  controlled  by  the  Ministry  of  Interior  (MVD).  The  police  and  related 
MVD  forces  are  responsible  for  most  normal  internal  police  functions.  The  National 
Security  Service  (NSS) — the  former  KGB — deals  with  a  broad  range  of  national  se- 
curity questions,  including  corruption,  organized  crime,  and  narcotics.  The  army  and 
border  guards  are  responsible  for  external  defense.  They  are  not  routinely  used  in 
internal  disturbances  and  rarely  are  implicated  in  human  rights  abuses.  The  police 
and  the  NSS  committed  numerous,  serious  human  rights  abuses. 

The  Government  continued  to  move  toward  market  reform,  especially  through  im- 
provement in  the  legislative  framework.  However,  restrictions  continue  on  currency 
convertibility  and  other  financial  steps  which  have  led  to  suspension  of  international 
loans.  The  economy  is  based  primarily  on  agriculture  and  agricultural  processing; 
Uzbekistan  is  the  world's  fifth  largest  producer  of  cotton,  the  seventh  largest  pro- 
ducer of  gold  and  has  substantial  deposits  of  copper,  strategic  minerals,  gas,  and 
oil.  The  Government  has  proclaimed  its  commitment  to  a  gradual  transition  to  a 
free  market  economy.  It  has  achieved  substantial  progress  in  reducing  inflation  and 
the  budget  deficit.  However,  progress  on  privatization  of  the  large  state-owned  en- 
terprises that  account  for  the  bulk  of  gross  domestic  product  remained  slow,  and  a 
host  of  formal  and  informal  barriers  continued  to  constrain  the  nascent  private  sec- 
tor. 

The  Government's  human  rights  record  remained  poor,  and  there  were  serious 
problems  in  several  areas.  Citizens  cannot  exercise  their  right  to  change  their  gov- 
ernment peacefully.  Chosen  president  in  a  1991  election  that  most  observers  consid- 
ered neither  free  nor  fair,  Karimov  had  his  stay  in  office  extended  to  2000  by  a  1995 
Soviet-style  referendum.  Parliament  subsequently  voted  to  make  the  extension  part 
of  Karimov's  first  term,  thus  making  him  eligible  to  run  again  in  2000.  Police  and 
NSS  forces  used  torture,  harassment,  illegal  searches,  and  wiretaps,  and  arbitrarily 
detained  or  arrested  opposition  activists  on  false  charges.  They  committed  these  and 
other  abuses  against  Doth  dissidents  and  other  citizens,  although  reported  abuses 
against  dissidents  decreased  sharply.  Arbitrary  arrest  and  detention  is  common; 
even  foreigners  are  not  exempt.  Police  often  beat  criminal  suspects,  and  detention 
can  be  prolonged.  Prison  conditions  are  poor.  Although  the  Government  says  that 
it  investigates  abuses,  those  responsible  for  documented  abuses  rarely  are  punished. 
The  judiciary  does  not  always  ensure  due  process  and  takes  its  direction  from  the 
executive  branch.  The  Government  severely  limits  freedom  of  speech  and  the  press, 
and  freedom  of  expression  is  constrained  by  an  atmosphere  of  repression  that  makes 
it  diflicult  to  criticize  the  Government  publicly.  Although  the  Constitution  expressly 
prohibits  it,  press  censorship  continues.  The  Government  sharply  restricts  trie  im- 
portation of  foreign  print  media.  The  Government  limits  freedom  of  assembly  and 
association.  The  Government  continues  to  ban  unsanctioned  public  meetings  and 
demonstrations.  To  control  the  political  arena,  the  Government  continues  to  deny 
registration  to  independent  political  parties  and  other  groups  potentially  critical  of 
the  Government,  and  prevents  unregistered  opposition  parties  and  movements  from 
operating  freely  or  publishing  their  views.  The  Government  continued  to  decline  to 
approve  the  registration  application  of  the  Human  Rights  Society  of  Uzbekistan, 
wnich  has  been  seeking  to  register  since  1992  citing  technical  deficiencies  in  its  pa- 
perwork. The  Government  limits  freedom  of  religion;  it  has  harassed  and  arrested 
independent  Islamic  leaders  on  questionable  grounds,  citing  the  threat  of  Islamic  ex- 
tremism. It  has  also  arrested  and  allegedly  tnreatened  evangelical  leaders,  and  de- 
nied registration  to  Christian  sects  it  does  not  accept.  Despite  a  constitutional  prohi- 
bition, there  continues  to  be  significant  traditional  societal  discrimination  and  do- 
mestic violence  against  women. 

The  pace  of  reform  slowed  during  the  year.  Nevertheless,  several  potentially  posi- 
tive steps  were  taken.  In  April  the  Oliy  Majlis  passed  legislation  establishing  an  om- 
budsman's ofTice.  However,  by  year's  end,  the  office  had  not  yet  demonstrated 
whether  it  could  function  in  accordance  with  its  legislative  mandate  and  play  an  im- 
portant role  in  monitoring  human  rights  abuses.  The  Oliy  Majlis  also  enacted  legis- 
lation reforming  the  penal  system  and  protecting  the  rights  of  prisoners.  In  April 
new  laws  providing  increased  access  to  information  ana  protection  of  journalists 
were  passed,  and  a  mass  media  law  passed  in  December,  although  the  effects  on 
press  freedom  remained  unclear  at  year's  end. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 


1391 

The  Government  has  never  announced  the  results  of  its  internal  investigation  into 
the  1995  death  in  police  custody,  almost  certainly  of  a  beating,  of  Bokhtiar  Yakubov, 
a  witness  linked  to  an  opposition  activist. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

Nematjon  Parpiev,  an  assistant  to  missing  imam  Abduvali  Kori  Mirzaev,  was  re- 
ported to  have  disappeared  in  August.  Parpiev  went  to  the  local  market  to  buy 
Dread  and  never  returned.  This  event  follows  by  two  years  Mirzaev's  disappearance 
who,  along  with  his  assistant,  allegedly  was  detained  at  the  Tashkent  airport  by 
NSS  ofTicers  while  traveling  to  a  conference  in  Moscow  in  1995.  No  developments 
were  reported  in  the  disappearance  of  Mirzaev  and  his  assistant. 

There  were  no  reported  developments  in  the  investigation  of  the  1995  kidnappings 
of  former  vice  president  ShukruUo  Mirsaidov  and  his  son,  or  the  November  1996 
kidnapping  of  another  of  Mirsaidov's  sons.  Similarly,  there  were  no  new  develop- 
ments in  tne  1992  disappearance  of  Abdullah  Utaev,  leader  of  the  Uzbekistan  chap- 
ter of  the  outlawed  Islamic  Renaissance  Party,  who,  most  observers  believe,  also 
was  detained  by  security  forces.  There  is  no  omcial  admission  that  either  man  was 
arrested  or  detained  and  no  further  information  on  their  whereabouts.  However, 
most  independent  observers  believe  that  the  three  missing  Islamic  activists  are  ei- 
ther dead  or  in  NSS  custody. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  the  law  prohibits  these  practices,  police  routinely  beat  and  otherwise  mis- 
treat (^tainees  to  obtain  confessions.  Both  police  and  the  NSS  used  beatings  and 
harassment  against  citizens. 

Family  members  of  the  "Namangan  11,"  a  group  of  young  men  who,  evidence 
strongly  suggests,  were  falsely  accused  of  belonging  to  a  Namangan  city  gang  that 
committed  a  murder  and  several  robberies,  continue  to  protest  the  court  s  convic- 
tion, believing  that  even  a  reduced  sentence  is  unjust  because  the  defendants  are 
innocent.  In  1996  the  Supreme  Court  commuted  the  death  sentence  of  one  defend- 
ant and  reduced  the  sentences  of  the  other  defendants.  Lawyers  at  the  hearing  pre- 
sented evidence  that  the  defendants'  confessions  were  obtained  by  beatings. 

The  MVD  has  yet  to  announce  the  results  of  its  internal  investigation  of  the  Au- 
gust 1996  detention  of  the  representative  of  the  international  human  rights  non- 
governmental organization  (NGO)  Human  Rights  Watch/Helsinki  (HRW/H)  and 
have  not  identified  who  subjected  him  to  verbal  abuse  and  humiliating  treatment 
(see  Section  l.d.). 

Prison  conditions  are  poor,  and  worse  for  male  than  for  female  prisoners.  Due  to 
limited  resources,  prison  overcrowding  is  a  problem.  Reportedly  there  are  severe 
shortages  of  food  and  medicines.  Political  prisoners  are  often  not  allowed  visitors  or 
any  other  direct  form  of  contact  with  family  and  friends.  The  Government  operates 
labor  camps,  but  little  is  known  about  the  conditions  of  incarceration. 

The  Government  does  not  routinely  permit  prison  visits  by  human  rights  mon- 
itors, although  diplomats  have  occasionally  obtained  access  in  specific  cases. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Security  forces  continued  to  arrest  and 
detain  citizens  arbitrarily.  Uzbekistan  continues  to  use  the  Soviet  legal  system,  and 
laws  on  detention  have  not  changed  since  independence.  According  to  the  law,  police 
may  hold  a  person  suspected  oi  committing  a  crime  for  up  to  3  days.  At  the  end 
of  this  period,  the  suspect  must  be  either  officially  chargea  or  released.  A  prosecu- 
tor's order  is  required  for  arrests  but  not  for  detentions.  A  court  case  must  be  sched- 
uled within  15  days  of  the  arrest,  and  the  defendant  may  be  detained  during  this 
period.  A  defendant  may  not  have  access  to  counsel  while  in  detention  but  only  after 
formal  arrest.  Delays  between  detention  and  trials  can  be  lengthy — one  Islamic  cler- 
ic detained  in  September  1994  did  not  go  on  trial  until  May  1995. 

In  practice  police  arbitrarily  stop  and  detain  individuals,  whether  dissidents  or 
not,  without  warrant  or  just  cause.  In  the  past,  opposition  and  religious  figures  have 
been  charged  with  offenses  such  as  drug  possession,  illegal  possession  oT  firearms, 
or  disorderly  conduct  in  an  effort  to  stifle  their  criticism  of  government  policy.  In 
June  authorities  resumed  these  tactics  by  convicting  Islamic  teacher  Rahmatjon 
Otaqulov  of  the  illegal  possession  of  narcotics  and  ammunition.  Police  came  to 
Otaqulov's  home  to  tell  him  that  his  car  had  been  involved  in  an  accident.  At  the 
supposed  accident  scene,  police  "discovered"  narcotics  on  Otaqulov,  in  the  presence 
of  two  people,  who  reportedly  were  detained  earlier  in  order  to  witness  the  arrest. 
A  subsequent  search  of  Otaqulov's  home  supposedly  uncovered  ammunition.  At  the 
trial  in  June,  the  defense  lawyer  effectively  questioned  the  credibility  of  the  arrest- 
ing ofTicers  and  witnesses,  but  Otaaulov  ultimately  was  convicted  and  sentenced  to 
3V2  years'  imprisonment.  Additionally,  a  second  Islamic  teacher,  Olimjon  Gafurov, 
received  a  1  year  prison  term  for  the  illegal  possession  of  narcotics  and  arms.  Inde- 
pendent observers  believe  that  the  incriminating  contraband  was  planted  by  the  ar- 
resting officers. 


loc 


1392 

On  December  21,  Samarkand  police  detained  Mikhail  Ardzinov,  Chairman  of  the 
Independent  Human  Rights  Society  of  Uzbekistan  (IHROU)  and  Tajik  rights  activist 
Jamal  Mirsaidov  reportedlv  for  organizing  an  illegal  meeting.  Police  reportedly 
abused  Ardziijov  ana  held  him  until  December  22.  Mirsaidov  reportedly  was  given 
a  15-dayjail  sentence,  but  released  on  December  24. 

The  MvD  has  yet  to  announce  the  results  of  its  internal  investigation  of  the  Au- 

ist  1996  incident  in  which  three  police  officers,  possibly  intoxicated,  detained  the 
ocal  HRW/H  representative,  a  British  citizen,  as  he  returned  from  a  dinner  engage- 
ment. At  the  district  police  station,  two  senior  officials  intimidated  and  verbally 
abused  him,  and  accused  him  without  basis  of  illegally  possessing  narcotics  and  fire- 
arms. He  was  jailed  overnight  but  police  never  brought  charges.  The  Government 
did  not  admit  fault,  but  issued  a  written  apology. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — Although  the  Constitution  provides  for  an  inde- 
pendent judicial  authority,  the  judicial  branch  takes  its  direction  from  the  executive 
Dranch.  Under  the  Constitution,  the  President  appoints  all  judges  for  10-year  terms. 
They  may  be  removed  for  crimes  or  failure  to  fulfill  their  obligations.  Power  to  re- 
move jud.ges  for  failure  to  fulfill  their  obligations  rests  with  the  President,  except 
for  Supreme  Court  judges,  whose  removal  must  also  be  confirmed  by  Parliament. 

There  is  a  three-tier  court  system:  the  people's  court  on  the  district  level,  the  re- 
gional courts,  and  the  Supreme  Court.  District  court  decisions  may  be  appealed  to 
the  next  highest  level  witnin  10  days  of  the  ruling.  The  Criminal  Code  reduces  the 
list  of  crimes  punishable  by  death  to  murder,  espionage,  and  treason,  eliminating 
the  economic  crimes  punishable  by  death  in  the  lormer  Soviet  code.  Officially  and 
in  recent  practice,  most  court  cases  are  open  to  the  public  but  may  be  closed  in  ex- 
ceptional cases,  such  as  those  involving  state  secrets,  rape,  or  young  defendants. 

Uzbekistan  still  uses  the  Soviet  judicial  system,  which  features  trial  by  a  panel 
of  three  judges:  one  professional  judge  and  two  "people's  assessors"  who  are  chosen 
by  the  workers'  collectives  for  a  period  of  2V2  years.  The  judge  presides  and  directs 
the  proceedings.  Defendants  have  the  right  to  attend  the  proceedings,  confront  wit- 
nesses, and  present  evidence.  The  State  provides  a  lawyer  without  charge,  but  by 
law  the  accused  has  the  right  to  hire  an  attorney.  In  some  political  cases,  the  de- 
fendants have  not  had  access  to  lawyers. 

Detainees  deemed  not  to  be  violent  may  be  released  on  their  own  recognizance 
pending  trial.  No  money  need  be  posted  as  bond,  but  in  such  cases  the  accused  must 
usually  sign  a  pledge  not  to  leave  the  city. 

In  practice  defense  lawyers  are  unskilled  at  defending  their  clients.  Courts  often 
do  not  allow  all  defense  witnesses  to  be  heard,  and  written  documents  are  given 
more  weight  than  courtroom  witnesses.  In  the  case  of  the  Namangan  11  (see  Section 
l.d.),  the  defendants'  written  confessions,  allegedly  gained  by  beatings  and  repudi- 
ated by  the  defendants  in  court,  appeared  to  have  been  given  more  weight  than  the 
testimony  of  eyewitnesses. 

Human  Rights  Watch/Helsinki  and  the  Human  Rights  Society  of  Uzbekistan 
(HRSU)  have  compiled  lists  of  20  to  30  individuals  believed  to  be  political  prisoners. 
Many  were  associated  with  the  Birlik  or  Erk  parties,  or  were  involved  in  independ- 
ent Islamic  activities.  Many  were  convicted  of  nonpolitical  offenses  such  as  tax  eva- 
sion, misappropriation  of  funds,  or  illegal  possession  of  narcotics  or  firearms.  How- 
ever, many  observers  questioned  the  fairness  of  the  trials  and  believe  that  incrimi- 
nating contraband  was  planted  by  arresting  officers.  Nine  individuals  believed  to  be 
political  prisoners  were  released  in  1996,  but  there  were  no  further  releases  in  1997. 

Citing  the  threat  of  Islamic  extremism,  the  Government  charged  several  impris- 
oned political  activists  and  Islamic  activists  with  minor  infractions  of  prison  regula- 
tions, keeping  them  imprisoned  by  blocking  their  eligibility  for  the  Government's  an- 
nual amnesty.  One  such  prisoner,  Abduraub  Gafurov,  remains  imprisoned  after 
MVD  officials  illegally  closed  his  trial  in  December  1996.  Foreign  observers  at- 
tempted unsuccessfully  to  observe  the  trial.  At  the  closed  hearing,  authorities  sen- 
tenced Gafurov  to  an  additional  3  years  in  prison  based  on  testimony  from  fellow 
prisoners. 

The  Government  denies  that  it  holds  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — By  law 
search  warrants  issued  by  a  procurator  are  required.  There  is  no  provision  for  a  ju- 
dicial review  of  warrants.  No  legal  mechanism  exists  for  authorizing  telephone  tap- 
ping or  monitoring.  Security  agencies  routinely  monitor  telephone  calls,  and  employ 
surveillance  and  wiretaps  in  the  cases  of  persons  involved  in  opposition  political  ac- 
tivities. 

The  Government  does  not  allow  general  distribution  of  foreign  newspapers  (with 
the  exception  of  two  or  three  very  conservative  Russian  papers)  and  other  publica- 
tions.   However,    limited    numbers    of    foreign    periodicals    began    to    appear    in 


1393 

Tashkent's  two  major  hotels,  and  authorized  eroups  can  obtain  foreign  periodicals 
through  subscription.  Tlie  publication  of  the  local  editions  of  Izvestia  and  Pravda 
and  the  sale  of  their  Moscow  editions  remained  suspended  throughout  1997.  The  au- 
thorities black  out  Russian  news  broadcasts  when  they  are  critical  of  the  Govern- 
ment (see  Section  2. a.) 

Opposition  activist  and  former  vice  president  Shukrullo  Mirsaidov  remained  evict- 
ed from  his  home  after  the  Government  reimplemented  a  long-dormant,  politically 
motivated  property  confiscation  order  against  him  (see  Section  3). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Although  the  Constitution  provides  for  "freedom 
of  thought,  speech,  and  convictions,"  the  Government  continues  to  limit  severely 
these  rights. 

A  1991  law  against  "offending  the  honor  and  dignity  of  the  President"  limits  the 
ability  to  criticize  the  President.  Journalists  and  ordinary  citizens  remain  afraid  to 
express  views  critical  of  the  President  and  the  Government. 

Information  remains  very  tightly  controlled.  Although  the  Constitution  prohibits 
censorship,  it  is  widely  practiced  and  the  Grovemment  tolerates  little,  if  any,  criti- 
cism of  its  actions.  Newspapers  may  not  be  printed  without  the  censor's  approval. 
All  newspapers  are  printed  by  the  same  state-owned  printing  houses,  which  will  not 
print  any  paper  whose  editor  does  not  confirm  that  the  issue  has  been  cleared  by 
the  censor  a  few  hours  before  being  submitted.  The  Government  reportedly  provides 
funding  and  office  space  for  censors.  Journalists  and  writers  who  want  to  ensure 
that  their  work  is  published  practice  self-censorship.  Several  speakers  at  the  1996 
Organization  for  Security  and  Cooperation  in  Europe-sponsored  human  rights  con- 
ference openly  challenged  the  Government's  assertion  that  there  is  no  censorship. 
The  editor  of  the  Hurriyat  newspaper,  an  Uzbek-language  weekly  that  had  pub- 
lished several  issues  mildly  critical  of  some  aspects  of  Uzbek  television  media,  re- 
signed due  to  concern  that  his  paper  might  be  censored  after  state  television  criti- 
cized his  role;  the  journal  then  published  under  closer  state  scrutiny.  Vatan,  the 
newspaper  of  the  progovemment  Fatherland  Progress  Party,  ceased  publication 
temporarily  after  publishing  an  analytical  article  about  the  President's  August  1996 
speech  to  Parliament  on  human  rights,  reportedly  under  pressure  from  government 
oflicials  displeased  by  the  article. 

In  April  the  Parliament  passed  a  new  law  providing  for  freedom  of  access  to  infor- 
mation. A  second  law  provides  for  protection  of  journalists'  professional  activity,  in- 
cluding protection  for  journalists'  sources,  and  mandates  that  government  agencies 
respond  to  written  requests  for  information  within  30  days.  A  mass  media  law  was 
passed  in  December;  however,  several  articles  are  worded  in  such  a  way  that  they 
could  be  used  to  punish  government  critics,  for  example,  one  provision  makes  jour- 
nalists responsible  for  the  truth  of  the  information  contained  in  their  news  stories, 
potentially  subjecting  journalists  to  prosecution  if  a  government  official  disagrees 
with  a  news  report.  At  year's  end,  the  Government  had  not  yet  demonstrated  wheth- 
er it  was  committed  to  implement  such  laws  in  an  effective  manner  so  as  to  provide 
a  foundation  for  major  and  positive  systemic  change. 

The  Uzbekistan  Information  Agency  cooperates  closely  with  the  presidential  staff 
to  prepare  and  distribute  all  officially  sanctioned  news  and  information.  Nearly  all 
newspapers  are  government  owned  and  controlled;  the  key  papers  are  organs  of  gov- 
ernment ministries.  State  enterprises  control  the  printing  presses. 

The  last  opposition  newspaper  to  be  published  was  that  of  the  Erk  party.  In  1993 
it  was  banned  and  has  not  oeen  published  since. 

Magazines  and  weeklies  have  to  be  registered,  a  procedure  that  includes  providing 
information  about  the  sources  of  funding,  means  of  distribution,  founders,  and  spon- 
sors. A  resolution  by  the  Cabinet  of  Ministers  bans  private  persons  and  journalist 
collectives  from  founding  newspapers  or  magazines.  Foreign  correspondents  based 
in  Tashkent  report  that  the  security  services  have  harassed  and  threatened  their 
translators  and  other  local  employees.  Limited  numbers  of  foreign  periodicals  are 
available,  but  the  Government  does  not  allow  the  general  distribution  of  foreign 
newspapers  (see  Section  l.f.). 

Television  broadcasting  is  state  controlled.  Although  there  are  local  stations  in 
various  regions,  nationwide  programming  is  on  two  state-run  channels  that  fully 
support  the  (jovernment  and  its  policies.  The  Ostankino  channel  from  Russia  broad- 
casts during  the  evening.  Its  news  broadcasts  are  blacked  out  when  they  are  critical 
of  the  Government.  A  cable  television  joint  venture  between  the  state  oroadcasting 
company  and  a  U.S.  company  broadcasts  the  Hong  Kong-based  "Star"  television 
channels,  including  the  British  Broadcasting  Corporation  (BBC),  Deutche  Welle,  and 
Cable  News  Network  world  news,  to  Tashkent  and  a  few  other  locations. 


1394 

In  September  an  Urgench-based  independent  television  station  resumed  broad- 
casting after  being  closed  by  local  authorities.  Despite  winning  three  court  appeals, 
which  allowed  the  station  to  reopen,  local  authorities  used  a  variety  of  means  to 
keep  the  station  off  the  air,  including  sabotaging  its  signal,  barring  employees  entry 
to  tne  station,  and  using  police  to  damage  equipment.  The  station,  managed  by  a 
former  member  of  the  opposition  Erk  political  party,  reportedly  broadcasted  music, 
news,  and  programming  distributed  by  Samarkand's  television  station.  The  Sam- 
arkand Independent  Television  (STV)  station  also  considers  itself  independent.  It 
claims  not  to  receive  any  government  subsidy  and  to  exist  wholly  on  income  derived 
from  advertisers.  It  currently  has  three  channels  and  plans  a  fourth,  devoted  to  en- 
tertainment in  1998.  It  is  clearly  sensitive  to  political  concerns  from  the  center  and 
concentrates  on  nonpolitical  news  but  claims  not  to  be  formally  censored.  The  Sam- 
arkand station  received  an  exclusive  license  from  the  Government  to  distribute  tele- 
vision progranuning  to  stations  in  the  western  part  of  the  country. 

Radio  Free  Europe/Radio  Liberty,  which  opened  a  bureau  in  Tashkent  in  May 
1996  staffed  by  two  local  Uzbek  correspondents,  the  Voice  of  America,  and  BBC 
radio,  along  with  the  less  widely  available  cable  television  channels,  are  among  the 
few  sources  of  uncontrolled  news. 

There  are  no  private  publishing  houses,  and  government  approval  is  required  for 
all  publications. 

Virtually  all  academic  institutions  are  experiencing  increased  autonomy,  but  free- 
dom of  expression  is  still  limited.  Most  institutions  are  in  the  process  of  revising 
curriculums,  and  Western  textbooks  are  in  great  demand. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  peaceful  assembly.  However,  it  also  states  that  the  authorities  have  the 
right  to  suspend  or  ban  rallies,  meetings,  and  demonstrations  on  security  grounds. 
The  Government  must  sanction  demonstrations  and  does  not  routinely  grant  this 
permission. 

The  Constitution  provides  for  the  right  of  freedom  of  association,  but  the  Govern- 
ment limits  the  exercise  of  this  right  by  refusing  to  register  opposition  political  par- 
ties and  movements  opposed  to  the  established  order.  The  Constitution  places  broad 
limitations  on  the  types  of  groups  that  may  form  and  requires  that  all  organizations 
be  formally  registered  with  the  Government  in  accordance  with  procedures  pre- 
scribed by  law.  In  1996  the  Parliament  passed  new  legislation  on  political  parties 
that  increased  the  number  of  signatures  required  to  register  a  political  party  from 
3,000  to  5,000  and  raised  the  number  of  oblasts  in  wnich  a  party  must  be  r^- 
resented  to  eight.  A  party  must  meet  other  requirements,  such  as  providing  an  om- 
cial  address.  Independent  observers  believe  that  the  Government  intends  to  make 
it  more  difiicult  to  form  and  register  parties.  A  1996  analysis  by  legal  observers  con- 
cluded that,  while  the  law  provides  protections  for  minority  parties  and  permits  a 
wide  range  of  fund  raising,  it  also  accords  the  Ministry  of  Justice  broad  powers  to 
interfere  with  political  parties  and  withhold  financial  and  legal  support  to  parties 
opposed  to  the  Government.  The  process  for  registering  NGO's  and  other  public  as- 
sociations is  also  difficult  and  time  consuming,  with  many  opportunities  for  official 
obstruction. 

Since  1992  the  Government  has  repeatedly  frustrated  the  efforts  of  the  HRSU,  a 
local  human  rights  group  with  close  ties  to  exiled  opposition  figures,  to  register  ofli- 
cially.  In  1996  the  Government  granted  permission  for  the  HRSU  to  hold  a  founding 
organizational  meeting  (kurultai),  a  prerequisite  for  receiving  registration,  and 
agreed  to  consider  the  HRSU's  application  for  registration.  In  January,  April,  and 
August,  the  Government  declined  to  act  on  the  HRSU's  application  to  register,  re- 

f)eatedly  citing  technical  deficiencies  in  its  paperwork.  Independent  observers  be- 
ieve  the  Government's  refusal  to  register  the  HRSU  is  politically  motivated.  In  Au- 
gust the  newly  created  Independent  Human  Rights  Organization  of  Uzbekistan 
(IHROU),  headed  by  longtime  human  rights  activist  Mikhail  Ardzinov,  held  its 
founding  kurultai  and  filed  registration  papers  with  the  Ministry  of  Justice.  The 
meeting  was  conducted  in  secret  after  local  authorities  illegally  refused  to  respond 
to  the  IHROU's  formal  request  to  hold  its  founding  congress.  In  December  the  Min- 
istry declined  to  act  on  the  IHROU's  application,  citing  technical  deficiencies  in  the 
paperwork.  In  1996  the  Government  granted  registration  to  another  human  rights 
NGO,  the  Committee  for  Protection  o?  Individual  Rights,  a  group  formed  with  the 
support  of  the  Government. 

In  earlier  years,  the  Government  repeatedly  denied  the  attempts  of  the  Birlik 
movement  and  Erk  party  to  register  as  parties.  Most  of  these  organizations'  leaders 
have  since  gone  into  exile,  and  these  organizations  made  no  attempt  to  register  in 
1997,  reportedly  because  their  remaining  adherents  in  the  country  are  afraid  of  gov- 
ernment reprisals.  The  Constitution  and  a  1991  amendment  to  the  law  on  political 
parties  ban  those  of  a  religious  nature.  Authorities  cite  this  principle  in  denying  reg- 


1395 

istration  to  reli^ous  parties,  including  the  Islamic  Renaissance  Party  (IRP).  Other 
opposition  activists  have  announced  the  formation  of  the  "Adolat-True  Path"  party 
but  never  pursued  formal  registration,  claiming  that  their  members  are  also  afraid 
of  government  reprisals. 

Nonpolitical  associations  and  social  organizations  usually  did  not  encounter  com- 
parable difficulties  in  registering,  althougn  bureaucratic  delays  and  official  suspicion 
continued  to  plague  the  registration  process  for  such  groups.  Some  evangelical 
churches  (see  Section  2.c.)  and  some  foreign  humanitarian  assistance  groups  found 
it  difficult  to  obtain  registration  or  reregistration. 

c.  Freedom  of  Religion. — ^The  Constitution  provides  for  freedom  of  religion  and  for 
the  principle  of  separation  of  religion  and  state.  However,  despite  allowing  many 
groups  to  worship  freely,  for  example,  the  Russian  Orthodox  and  several  other 
Christian  denominations,  the  Government  suppresses  some  religious  groups  that 
defy  the  authority  of  state-appointed  religious  authorities,  particularly  Islamic  dis- 
sidents. In  addition  despite  the  principle  of  separation  of  religion  and  state,  the  gov- 
ernment-controlled Spiritual  Directorate  for  Muslims  funds  some  Islamic  religious 
activities. 

After  the  enforced  atheism  of  the  Soviet  period,  religious  communities  are  experi- 
encing a  significant  revival.  Religious  education  is  becoming  more  widespread,  al- 
though it  is  not  included  in  state  schools.  While  Islam  is  the  religion  of  the  majority, 
ethnic  minorities  may  also  practice  their  religion  in  relative  freedom. 

However,  tensions  arise  when  churches  attempt  to  convert  across  ethnic  lines,  es- 
pecially when  they  attempt  to  convert  members  of  generally  Muslim  ethnic  groups 
to  Christianity.  Although  distribution  of  religious  literature  is  legal,  missionary  ac- 
tivity and  proselytizing  is  not. 

Authorities  tolerate  many  non-Orthodox  Christian  evangelical  groups,  but  do  not 
register  Christian  sects  that  the  Government  does  not  approve. 

Evangelical  leader  Denis  Podorozhny,  head  of  the  Word  of  Faith  congregation, 
continued  to  try  to  regain  the  registration  his  group  lost  in  1994,  despite  Raving 
twice  been  arrested  in  1996  and  spending  12  days  in  jail.  Mission  of  Mercy  head 
Olga  Avetisova  has  tried  for  7  years  to  register  her  Christian  humanitarian  associa- 
tion despite  receiving  death  threats  from  local  officials  in  1996.  In  October  the  Gov- 
ernment released  a  shipment  containing  24,960  Bibles  confiscated  by  customs  in  De- 
cember 1996.  There  is  evidence  that  customs  officials  acted  on  orders  issued  by  the 
Committee  on  Religious  Affairs,  a  department  of  the  executive  office  of  the  presi- 
dent. 

Fearing  the  destabilizing  influence  of  extremist  Islamic  forces,  the  Government 
has  sought  to  control  the  Islamic  hierarchy,  the  content  of  imams'  sermons,  and  the 
extent  and  substance  of  published  Islamic  materials.  However,  Islamic  groups  not 
affiliated  with  the  Government  form  a  "parallel  Islam."  The  Government  has  de- 
tained a  number  of  Fergana  Valley  Islamic  clerics  on  various  charges  (see  Section 
l.d.).  Bureaucratic  restrictions  have  also  inhibited  the  free  operation  of  numerous  re- 
ligious schools.  Dissident  Islamic  figures  deny  that  they  are  extremists  and  claim 
that  they  are  being  persecuted  for  their  unwillingness  to  praise  the  Government's 
actions  "slavishly." 

Muslim  leaders  have  been  detained  and  harassed  for  acts  of  perceived  insubor- 
dination and  independence.  Shortly  before  the  expiration  of  his  3-year  term  in  1996, 
Uzbek  authorities  charged  imprisoned  Islamic  Muslim  activist  Abduraub  Gafurov, 
as  well  as  several  other  religious  activists  with  violations  of  minor  prison  regula- 
tions and  sentenced  him  to  an  additional  2  years.  The  new  conviction  made  Gaiurov 
ineligible  for  release  under  the  Government's  annual  parole.  In  1996  the  govern- 
ment-appointed mufti  fired  imam  Abidkhon  Nazarov,  head  of  the  Tukhtoboi  mosque 
in  Tashkent,  and  several  other  independent-minded  Islamic  clerics.  These  clerics 
were  fired  ostensibly  for  failing  a  government-designed  "imam  test"  which  included 
questions  about  political  and  economic  policy  outside  the  traditional  sphere  of  a  reli- 
gious cleric.  The  Andijon  Friday  mosque,  where  missing  imam  Abduvali  Kori 
Mirzaev  (see  Section  l.b.)  formerly  preached,  was  closed  by  the  (jovemment  in  mid- 
1995  and  remains  closed. 

There  is  no  pattern  of  official  discrimination  against  Jews.  Synagogues  function 
openly;  Hebrew  education  (long  banned  under  the  Soviets),  Jewish  cultural  events, 
and  the  publication  of  a  community  newspaper  take  place  undisturbed.  However, 
the  perception  of  bleak  economic  prospects;  occasional  harassment  by  low-level  offi- 
cials, which  some  believe  is  anti-Semitic  in  origin  (others  say  that  such  incidents 
occur  in  the  context  of  harassment  that  any  resident  of  Uzbekistan  may  face);  and 
the  belief  that  militant  Islam  might  become  a  strong  force  are  motivating  many 
Jews  to  emigrate. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  free  movement  within  the  country  and 


1396 

across  its  borders,  and  the  Government  generally  respected  these  rights.  The  Gov- 
ernment issues  new  passports  in  place  oT  the  old  Soviet  ones  for  citizens  traveling 
overseas,  but,  in  principle,  for  purely  internal  travel,  the  old  passports  will  remain 
valid  until  2000.  The  new  passports  serve  as  both  internal  identity  cards  and,  when 
properly  certified,  as  external  passports.  In  addition  the  Government  has  greatly 
simplified  the  process  of  obtaining  exit  visas,  which  are  valid  for  a  period  of  2  years 
and  no  longer  require  invitations. 

Most  barriers  to  emigration  were  lifted  before  the  Soviet  breakup.  Although  in 
some  instances  emigrants  are  delayed  by  long  waits  for  passports  ana  exit  visas,  po- 
tential emigrants  who  can  find  a  host  country  willing  to  accept  them  are  able  to 
leave  the  country.  Since  independence,  a  significant  number  of  non-Uzbeks,  includ- 
ing Russians,  Jews,  Ukrainians,  and  others  nave  emigrated,  although  no  figures  are 
available.  These  people  have  left  because  of  their  perception  that  economic  condi- 
tions are  better  elsewhere  and,  in  some  cases,  because  of  concern  that  future  eco- 
nomic and  social  prospects  for  non-Uzbeks  are  limited.  A  sizable  number  of  Russian 
emigrants,  finding  poor  economic  conditions  and  discrimination  in  Russia,  have  re- 
turned. 

The  travel  of  local  citizens  is  not  controlled,  unlike  travel  by  foreigners,  including 
journalists.  Due  to  treaties  between  their  countries  and  Uzbekistan,  citizens  of 
France,  Germany,  the  Republic  of  Korea,  the  United  Kingdom,  and  the  United 
States  receive  visas  valid  for  travel  throughout  the  country.  Other  foreign  visitors 
must  have  each  city  they  wish  to  visit  noted  on  their  visas.  Tourists  seeking  to 
check  into  hotels  without  the  appropriate  internal  visa  often  find  themselves  having 
to  pay  fines  or  bribes  to  local  omcials.  In  mid-1995,  a  presidential  edict  decreed  that 
the  ancient  cities  of  Tashkent,  Samarkand,  Bukhara,  and  Khiva  would  henceforth 
be  "open  cities,"  for  which  a  separate  visa  notation  is  not  required  for  nationals  of 
any  country  and  Uzbek  visas  now  are  valid  for  travel  throughout  the  country  with- 
out special  annotation.  Visitors  require  special  permission,  however,  to  travel  to  cer- 
tain areas,  for  example,  Termez  on  the  Afghan  border. 

On  occasion  the  Government  created  problems  for  human  rights  activists  who 
sought  to  enter  or  leave  the  country.  Both  Abdoumannob  I-Halat  and  Mikhail 
Ardzinov  experienced  such  difficulties  (see  Sections  3  and  4). 

The  law  on  citizenship  stipulates  that  citizens  do  not  lose  their  citizenship  if  they 
reside  overseas.  However,  since  Uzbekistan  does  not  provide  for  dual  citizenship, 
those  acquiring  other  citizenship  lose  Uzbek  citizenship.  If  they  return  to 
Uzbekistan  as  foreign  citizens,  they  are  subject  to  foreign  visa  regulations.  There 
is  no  evidence  that  anyone  was  denied  permission  to  return. 

There  is  no  law  concerning  the  rights  of  refugees  and  asylum  seekers,  and  the 
Government  does  not  recognize  the  right  of  first  asylum.  The  Government  considers 
asylum  seekers  from  Tajikistan  and  Afghanistan  to  be  economic  migrants,  and  such 
individuals  are  subject  to  harassment  and  bribe  attempts  when  seeking  to  regular- 
ize their  status.  They  may  be  deported  if  their  residency  documents  are  not  in  order. 
The  country  hosts  populations  of  ethnic  Koreans,  Meskhetian  Turks,  and  Crimean 
Tartars  deported  to  Central  Asia  bv  Stalin  during  World  War  II.  These  groups  enjoy 
the  same  rights  as  other  citizens.  Although  they  are  free  to  return  to  their  ancestrm 
homelands,  absorption  problems  in  those  countries  have  slowed  that  return.  The 
United  Nations  High  Commissioner  for  Refugees  (UNHCR)  estimates  that  there  are 
30,000  Tajik  and  9,000  Afghan  asylum  seekers  of  whom  2,000  have  filed  asylum  re- 
quests with  the  UNHCR  and  960  have  received  mandate  refugee  status,  figures 
which  have  not  changed  significantly  since  1995.  There  were  two  confirmed  reports 
of  forced  repatriation  of  two  Afghan  refugees  in  October. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

While  the  Constitution  provides  for  this  right,  in  reality  citizens  cannot  exercise 
their  right  to  change  their  government  througn  peaceful  and  democratic  means.  The 
Government  severely  represses  opposition  groups  and  individuals  and  applies  strict 
limits  on  freedom  of  expression.  No  true  opposition  groups  participated  in  govern- 
ment or  were  allowed  to  function  legally. 

Uzbekistan  is  ruled  by  a  highly  centralized  presidency,  comprising  the  President, 
a  small  inner  circle  of  advisers,  and  senior  government  officials.  President  Karimov, 
formerly  the  first  secretary  of  the  Communist  party  in  Uzbekistan  under  Soviet 
rule,  was  elected  in  a  limited  multicandidate  election  in  1991.  A  1995  Soviet-style 
referendum  and  subsequent  parliamentary  decision  extended  Karimov's  term  until 
the  year  2000.  President  Karimov  and  the  executive  branch  retain  control  through 
sweeping  decree  powers,  primary  authority  for  drafting  legislation,  and  control  of 
virtually  all  government  appointments,  most  aspects  of  the  economy,  and  the  secu- 
rity forces. 


1397 

Most  government  officials  are  members  of  the  People's  Democratic  Party  of 
Uzbekistan  (PDP),  formerly  the  Communist  party  and  still  the  country's  largest 
party.  However  the  party  as  such  does  not  appear  to  play  a  significant  role  in  gov- 
ernment, and  the  President  resigned  his  chairmanship  of  the  party  in  1996. 

The  1995  parliamentary  elections  were  limited  to  candidates  and  parties  (the  PDP 
and  one  other  government-sponsored  party)  that  support  the  President.  Since  then, 
several  other  government-sponsored  parties  have  been  created  and  entered  Par- 
liament through  unchallenged  by-elections  and  other  arrangements.  The  Oliy  Majlis 
is  constitutionally  the  highest  government  body.  In  practice  despite  assistance  ef- 
forts by  international  donors  to  upgrade  its  ability  to  draft  laws  independently,  its 
main  purpose  is  to  confirm  laws  and  other  decisions  drafted  by  the  executive  branch 
rather  than  to  initiate  legislation. 

Few  people  were  willing  to  challenge  the  Government's  grip  on  power  or  even  risk 
criticizing  it  publicly.  Most  opposition  and  human  rights  activists  in  exile  have  ex- 
pressed their  mistrust  of  President  Karimov's  1996  offer  to  return  to  Uzbekistan. 
Human  rights  activist  Abdoumannob  Pulat  sought  without  success  to  obtain  a  re- 
turn visa  to  assist  with  the  registration  of  the  HRSU.  In  June  the  Government  ini- 
tially refused  to  grant  a  return  visa  to  Pulat  to  visit  his  dying  mother,  although  it 
subsequently  relented  and  granted  the  visa.  Pulat,  head  of  the  HRSU  (see  Section 
4)  and  brother  of  exiled  Birlik  leader  Abdurakhim  Poulatov,  moved  freely  within  the 
country  and  was  not  harassed,  after  he  promised  not  to  engage  in  political  activity 
during  his  visit. 

Opposition  activist  and  former  vice  president  Shukrullo  Mirsaidov  remained  evict- 
ed from  his  home  after  the  Government  reimplemented  a  long-dormant,  politically- 
motivated  property  confiscation  order  against  him  based  on  his  earlier,  politically- 
motivated  conviction  for  corruption  while  in  office.  His  family  was  also  harassed,  ap- 
parently in  retaliation  for  Mirsaidov's  remarks  at  a  1996  OSCE-sponsored  seminar 
on  human  rights.  Police  placed  the  family  under  surveillance  and  questioned  neigh- 
bors after  Mirsaidov  spoke  at  the  conference.  During  the  trial  leading  to  his  eviction 
and  relocation  in  a  government-provided  apartment,  the  district  representative 
withdrew  the  action  on  grounds  of  insufficient  evidence,  but  the  prosecutor  and 
judge  refused  to  halt  the  trial.  In  1996  Mirsaidov's  son,  Hasan,  was  abducted  by  sev- 
eral unidentified  men  under  circumstances  suggesting  ofllcial  involvement.  Hasan 
was  handcuffed,  beaten,  and  threatened  with  execution,  only  to  be  released  after  12 
hours.  No  ransom  demand  was  made  on  the  family.  The  culprits  have  still  not  been 
identified. 

The  Government  does  not  officially  forbid  membership  in  any  political  organiza- 
tion. However,  individuals  whose  names  are  linked  witn  unregistered,  opposition- 
linked  organizations  report  that  they  are  subject  to  telephonic  and  written  harass- 
ment and  discrimination  in  the  workplace.  Secular  political  dissidents  report  that 
harassment  and  surveillance  have  decreased  over  the  past  year.  Small  groups  have 
begun  to  meet  to  discuss  politics,  but  practice  self-censorship  to  avoid  triggering  a 
government  response  to  their  activities.  Harassment  and  surveillance  of  Islamic  dis- 
sidents continue. 

Traditionally,  women  participate  much  less  than  men  in  government  and  politics. 
Only  13  of  the  250  deputies  in  Parliament  are  female.  In  1995  the  President  pro- 
moted the  chairwoman  of  the  governmental  Women's  Committee  of  Uzbekistan  to 
the  position  of  Deputy  Prime  Minister.  Her  duties  specifically  include  monitoring 
the  rights  and  welfare  of  women. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  generally  disapproves  of  local  nongovernmental  organizations 
working  on  human  rights,  and  restricts  their  operations.  Local  NGO's  face  many  ob- 
stacles. Laws  left  over  from  the  Soviet  period  present  difficulties  in  registration  and 
operation  for  NGO's  and  private  business  alike. 

The  Human  Rights  Society  of  Uzbekistan  (HRSU),  an  opposition-linked  group 
formed  in  1992,  has  been  the  chief  independent  source  on  human  rights  abuses  in 
Uzbekistan.  The  Government  has  declined  to  register  the  HliSU,  repeatedly  finding 
deficiencies  in  its  applications,  and  HRSU  activists  have  been  subject  to  prolonged 
harassment,  including  physical  violence.  The  Government  permitted  the  HRSLTto 
take  the  first  step  in  the  registration  process,  the  holding  of  a  founding  congress, 
or  "Tiurultai,"  in  1996.  In  January,  April,  and  August,  the  authorities  declined  to  act 
on  the  HRSU's  registration  petition,  asserting  that  there  were  technical  difficulties 
in  its  paperwork.  HRSU  activists  continued  to  suffer  harassment,  although  less  than 
in  previous  years.  The  HRSU  publishes  reports  in  Moscow  and  circulates  materials 
in  Uzbekistan,  but  has  no  formal  right  to  publish  materials  locally. 


1398 

Government  officials  initially  refused  to  grant  a  return  visa  to  HRSU  chairman 
Pulat,  but  when  he  asked  specifically  to  visit  his  dying  mother,  the  authorities  sub- 
sequently relented  (see  Section  3).  He  remained  in  Uzbekistan  for  several  weeks 
without  incident. 

The  Independent  Human  Rights  Organization  of  Uzbekistan  (EHROU),  headed  by 
Mikhail  Ardzinov,  held  its  founding  kurultai  in  August.  The  gathering  took  place 
in  secret  and  without  official  government  sanction  because  local  authorities  illegally 
refused  to  respond  to  IHROU's  official  request  to  conduct  its  meeting. 

The  IHROU  reportedly  contains  108  members,  some  of  them  leading  members  of 
the  human  rights  community.  In  May  MVD  officials  confiscated  the  passport  of 
IHROU  head  Mikhail  Ardzinov  and  refused  to  issue  his  exit  visa.  Officials  later 
agreed  to  return  the  passport,  but  after  initially  refusing  to  issue  a  visa  did  so  in 
November. 

In  April  the  Parliament  passed  legislation  establishing  an  "authorized  person" 
(ombudsman)  to  conduct  investigations  into  violations  of  human  rights.  The  ombuds- 
man may  make  recommendations  to  modify  or  uphold  decisions  of  state  agencies, 
but  the  recommendations  are  not  binding.  Tne  ombudsman  is  prohibited  from  inves- 
tigating disputes  within  the  purview  oicourts.  The  ombudsman  replaces  the  par- 
liamentary human  rights  commissioner,  who  had  insufficient  trained  staff  to  carry 
out  in-depth  investigations  of  human  rights  violations  and  did  not  vigorously  pursue 
allegations  against  the  police  and  security  forces.  At  year's  end,  an  individual  with 
an  approximately  12-i>erson  staff  was  functioning.  Reportedly,  the  new  ombudsman 
had  reviewed  hundreds  of  cases,  but  citizens  frequently  stated  that  their  claims  are 
not  answered,  and  observers  are  aware  of  few  cases  satisfactorily  resolved  by  the 
ombudsman. 

After  years  of  opposition  and  delay,  the  Government  registered  one  human  rights 
NGO  in  1996.  The  registered  NGO,  the  Committee  for  Protection  of  Human  Rights, 
was  formed  with  the  support  of  the  Government,  but  has  ties  to  opposition  figures 
as  well.  It  reportedly  has  had  some  success  in  investigating  abuses  and  getting  the 
Government  to  correct  them.  Some  sources  affiliated  with  other  groups  have  ques- 
tioned its  true  degree  of  independence  from  the  Government.  Human  Rights  Watch/ 
Helsinki,  which  opened  a  Tashkent  office  in  1996,  now  monitors  human  rights  de- 
velopments from  outside  Uzbekistan  following  the  expiration  of  the  contract  of  its 
local  representative.  At  year's  end,  no  replacement  had  been  named. 

In  the  past,  the  Government  sharply  criticized  international  human  rights  groups 
and  Western  and  Russian  reporters  for  what  it  considered  biased  reporting  on 
human  rights  in  the  country.  Tne  Government  has  continued  to  reject  criticism  from 
Moscow-based  sources,  but  in  1996  announced  its  willingness  to  hold  an  open  dialog 
with  international  human  rights  NGO's.  At  year's  end,  the  Government  had  not 
taken  any  action  in  this  area.  In  October  the  Government  and  OSCE/ODIHR  con- 
ducted a  roundtable  supposedly  to  develop  cooperation  between  domestic  human 
rights  institutions,  the  media,  and  NGO's.  The  HSRU  and  other  NGO's  participated, 
but  no  meaningful  dialog  developed. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Both  the  Constitution  and  the  1992  law  on  citizenship  prohibit  discrimination  on 
the  basis  of  sex,  religion,  language,  or  social  status;  however,  societal  discrimination 
against  women  persists. 

Women. — Spousal  abuse  is  common,  but  local  activists  have  no  statistics.  Wife 
beating  is  considered  a  personal  family  affair  rather  than  a  criminal  act,  and  thus 
such  cases  are  usually  handled  by  family  members  or  elders  within  the  community 
(mahalla)  and  rarely  come  to  court. 

Due  to  tradition,  women,  particularly  in  rural  areas,  usually  marry  before  age  20, 
bear  many  children,  and  confine  their  activities  within  the  family.  In  rural  areas, 
women  often  find  themselves  limited  to  arduous  labor  in  the  cotton  fields.  However, 
women  are  not  formally  impeded  from  seeking  a  role  in  the  workplace:  the  barriers 
to  equality  for  women  are  cultural,  not  legal,  and  women  who  open  businesses  or 
seek  careers  are  not  legally  hindered. 

Although  discrimination  against  women  is  prohibited  by  law,  traditional  cultural 
and  religious  practices  severely  limit  their  role  in  everyday  society.  For  these  rea- 
sons, women  are  severely  undferrepresented  in  high-level  positions.  In  1995  Presi- 
dent Karimov  issued  a  decree  on  measures  to  increase  the  role  of  women  in  society, 
particularly  extending  their  participation  in  state  and  social  administration  and  co- 
ordinating the  activities  of  ministries  and  social  organizations  as  they  relate  to 
women's  issues.  In  this  connection,  a  new  post,  deputy  Prime  Minister,  was  estab- 
lished with  responsibilities  for  the  management  of  matters  connected  with  further- 
ing the  role  of  women  in  society.  The  edict  also  created  heads  of  women's  affairs 


1399 

in  the  autonomous  republic  of  Karakalpakstan,  regions,  cities,  and  districts.  The 
Ministry  of  Finance  was  ordered  to  allocate  the  necessary  funds  to  finance  these 
new  positions  and  working  bodies.  Government-controlled  women's  committees  were 
formed  in  most  regions,  but  most  are  underfunded  and  play  only  a  minor  role  in 
improving  the  condition  of  women. 

Several  dozen  NGO's  address  the  needs  of  women.  The  Business  Women's  Asso- 
ciation, in  addition  to  providing  resources  and  information  about  developing  small 
enterprises,  operates  a  store  which  sells  clothing  and  crafts.  A  center  in  Tashkent 
conducts  seminars  on  sexual  harassment,  domestic  violence,  and  the  legal  rights  of 
women.  Another  center  in  Samarkand  operates  a  crisis  hotline  and  provides  edu- 
cational services  on  alcoholism,  sexually  transmitted  diseases,  and  family  counsel- 
ing. 

A  Uzebek  women's  NGO  reports  that  self-burning  bv  women  and  girls,  or  self-im- 
molation, is  not  uncommon.  The  NGO  reports  that  there  are  no  reliable  statistics 
because  women  and  girls  refuse  to  discuss  the  issue  outside  of  their  families  or 
mahallas.  Victims  usually  suffer  from  depression  due,  in  part,  to  their  low  social 
status.  After  marriage,  many  women  or  girls  move  into  the  husband's  home,  where 
they  occupy  the  lowest  rung  on  the  social  ladder  in  their  new  families.  Burning,  or 
sell-immolation,  often  occurs  as  the  result  of  a  conflict  with  the  husband  or  mother- 
in-law,  who  by  tradition  exercises  complete  control  over  the  young  bride. 

A  research  study  indicates  that  the  number  of  women  enrolling  in  higher  edu- 
cation is  diminishing;  for  example,  women's  enrollment  in  the  Finance  and  Banking 
Institute  dropped  from  65  percent  in  1991  to  about  25  percent  this  year.  Cutbacks 
in  government  funding  to  universities  and  the  need  for  families  to  fund  a  higher 
percentage  of  educational  costs  leaves  many  families  in  the  position  of  being  able 
to  fund  the  education  of  only  one  child,  either  a  son  or  a  daughter.  The  report  states 
that  university  faculty  "steer"  women  into  occupations  traditionally  performed  by  fe- 
males and  suggests  that  administrators  may  practice  a  deliberate  policy  of  baring 
entrance  to  women  in  some  fields. 

Children. — The  Constitution  provides  for  children's  rights,  stating  that  parents 
are  obliged  to  support  and  care  for  their  children  until  they  are  of  age.  In  theory 
the  State  provides  free  universal  primary  education  and  health  care.  In  practice 
shortages  and  budget  difficulties  mean  that  some  services  must  be  paid  privately. 
The  State  grants  monetary  allowances  to  families  based  on  their  number  of  chil- 
dren. Uzbekistan  has  a  very  high  birthrate;  over  one-half  of  the  population  is  under 
the  age  of  15. 

There  is  no  societal  pattern  of  abuse  of  children. 

People  With  Disabilities. — One  of  the  country's  first  laws,  adopted  only  2  months 
aft^r  independence  in  1991,  provided  support  for  the  disabled.  This  law  was  aimed 
at  ensuring  that  the  disabled  have  the  same  rights  as  other  citizens.  However,  little 
effort  is  made  to  bring  the  disabled  into  the  mainstream.  The  State  cares  for  the 
mentally  retarded  in  special  homes.  The  Government  has  not  mandated  access  to 
public  places  for  the  disabled. 

National  / Racial  / Ethnic  Minorities. — Government  statistics  show  that  the  popu- 
lation of  approximately  23  million  is  about  71  percent  Uzbeks,  8  percent  Russians, 
5  percent  Tajiks,  4  percent  Tatars,  and  3  percent  Kazakhs,  with  many  other  ethnic 
groups  represented. 

The  citizenship  law,  passed  in  1992,  does  not  impose  language  requirements  for 
citizenship.  Nonetheless,  the  language  issue  remains  very  sensitive.  Uzbek  has  been 
declared  the  state  language,  and  the  Constitution  requires  that  the  President  speak 
Uzbek.  However,  the  language  law  provides  for  Russian  as  "the  language  of  inter- 
ethnic  communication."  Russian  is  widely  spoken  in  the  main  cities,  and  Tajik  is 
widely  spoken  in  Samarkand  and  Bukhara.  The  language  law,  passed  in  1989,  origi- 
nally required  that  Uzbek  would  be  the  sole  method  of  ofTicial  communication  by 
1998,  but  subsequently  was  modified  and  now  stipulates  no  specific  date. 
Uzbekistan  also  is  in  the  process  of  replacing  its  Cyrillic  alphabet  with  the  Latin 
alphabet.  However,  realizing  the  difficulties  for  Uzbeks  ana  minorities  alike,  the 
Government  has  delayed  the  full  transition  to  both  Uzbek  and  the  Latin  alphabet 
to  2005. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  1992  law  on  unions  specifically  provides  that 
all  workers  have  the  right  voluntarily  to  form  and  join  unions  of  their  choice,  and 
that  trade  unions  themselves  may  voluntarily  associate  territorially  or  sectorally. 
Membership  in  trade  unions  is  optional.  The  law  also  declares  all  unions  independ- 
ent of  the  State's  administrative  and  economic  bodies  (except  where  provided  for  by 
law),  and  states  that  trade  unions  should  develop  their  own  charters,  structure,  and 
executive  bodies  and  oi^anize  their  own  work. 


1400 

In  practice,  however,  the  overall  structure  of  trade  unions  has  not  changed  signifi- 
cantly since  the  Soviet  era.  Independence  has  eliminated  subordination  to  the  &)viet 
Union  or  Russia  but  has  not  altered  the  centraUzed  trade  union  hierarchy,  which 
remains  dependent  on  the  Government.  No  "alternative"  central  union  structures 
exist.  A  few  new  professional  associations  and  interest  groups  have  been  organized, 
such  as  a  union  oi  entrepreneurs,  a  union  of  renters,  an  association  of  private  physi- 
cians and  pharmacists,  and  one  of  lawyers.  Their  role,  degree  of  independence  from 
the  Government,  and  strength  are  as  yet  uncertain.  Some  of  these  groups  hope  to 
play  a  significant  role  in  licensing  and  otherwise  regulating  the  economic  activity 
of  their  members. 

According  to  the  law,  the  Council  of  the  Federation  of  Trade  Unions  (CFTU)  has 
a  consultative  voice  in  the  preparation  of  all  legislation  affecting  workers  and  is  en- 
titled to  draft  laws  on  labor  and  social  issues.  Trade  unions  are  legally  described 
as  organizations  that  defend  the  right  to  work  and  protect  jobs.  They  nave  lost  their 
previous  role  in  state  planning  and  in  the  management  of  enterprises.  The  emphasis 
now  is  on  the  unions'  responsibility  for  "social  protection"  and  social  justice — espe- 
cially unemployment  compensation,  pensions,  and  worker  retraining. 

The  trade  union  law  does  not  mention  strikes  or  cite  a  right  to  strike.  However, 
the  law  does  give  the  unions  oversight  for  both  individual  and  collective  labor  dis- 
putes, which  are  defined  as  those  involving  alleged  violations  of  labor  laws,  worker 
rights,  or  collective  agreements. 

There  were  few  reports  of  strikes.  It  likely  reflects  the  absence  of  truly  represent- 
ative trade  unions  as  the  standard  of  living  fell  and  growing  unemplojonent  raised 
social  tensions.  However,  both  union  and  government  officials  assert  that  the  lack 
of  strikes  reflects  general  support  for  the  Government's  policies  and  common  inter- 
est in  social  stability. 

The  1992  law  on  unions  provides  that  unions  may  choose  their  own  international 
affiliations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Trade  unions  may  conclude 
agreements  with  enterprises.  Privatization  is  still  in  its  very  early  phase.  As  a  re- 
sult, there  is  no  experience  with  negotiations  that  could  be  described  as  adversarial 
between  unions  and  private  employers.  With  few  exceptions,  the  State  is  still  the 
major  employer,  and  the  state-appointed  union  leaders  do  not  view  themselves  as 
having  conflicts  of  interest  with  tne  State. 

The  Ministry  of  Labor  and  the  Ministry  of  Finance  in  consultation  with  the 
CFTU,  set  the  wages  for  various  categories  of  state  employees.  In  the  small  private 
sector,  management  establishes  wages  or  negotiates  them  with  those  who  contract 
for  employment. 

The  law  forbids  discrimination  against  union  members  and  their  officers,  and  no 
complaints  were  registered. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  specifically  pro- 
hibits forced  labor,  except  as  legal  punishment  or  as  may  be  specified  by  law.  The 
law  does  not  specifically  prohibit  forced  and  bonded  labor  by  children,  but  such  prac- 
tices are  not  known  to  occur.  However,  large-scale  compulsory  mobilization  of  youth 
and  students  (by  closing  schools)  to  help  with  the  cotton  harvest  continues.  Young 
people  in  rural  areas  are  expected  to  participate  "voluntarily"  in  harvesting  activi- 
ties of  all  kinds,  and  universities  still  shut  down  temporarily  to  send  both  students 
and  faculty  into  the  fields.  In  many  parts  of  the  country,  students  are  forced  to  take 
up  to  a  month  from  their  studies  to  pick  cotton  in  unpleasant  conditions.  Student 
labor  is  poorly  paid  and  students  must  sometimes  pay  for  their  own  food.  Adults, 
including  teachers  and  passersby  in  automobiles  and  busses,  are  similarly  forced 
into  the  harvest  effort. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Govern- 
ment law  does  not  specifically  prohibit  forced  and  bonded  labor  by  children,  but 
such  practices  are  not  known  to  occur  (see  Section  6.c.). 

The  minimum  working  age  is  16  years;  15-year-olds  can  work  with  permission  but 
have  a  shorter  workday.  In  rural  areas,  younger  children  and  the  elderly  often  turn 
out  to  help  harvest  cotton  and  other  crops.  The  Labor  Ministry  has  an  inspection 
service  responsible  for  enforcing  compliance  with  these  and  other  regulations  gov- 
erning employment  conditions  and  eniorces  them  effectively. 

e.  Acceptable  Conditions  of  Work. — The  Ministry  of  Labor,  in  consultation  with  the 
CFTU,  sets  the  minimum  wage.  As  of  September  1,  it  was  about  $10.00  (750  som) 
per  month.  The  minimum  wage  is  not  sufficient  to  provide  a  decent  living  for  a 
worker  and  family.  The  workweek  is  set  at  41  hours  per  week  and  includes  a  24- 
hour  rest  period.  Some  factories  have  apparently  reduced  work  hours  in  order  to 
avoid  layoffs.  Overtime  pay  exists  in  theory  but  is  not  always  paid. 


1401 

The  Labor  Ministry  establishes  occupational  health  and  safety  standards  in  con- 
sultation with  the  unions.  There  is  a  health  and  safety  inspectorate  in  the  Ministry. 
Workers  do  leave  jobs  that  are  hazardous  without  apparent  jeopardy  to  continued 
employment;  but  in  practice  high  rates  of  underemployment  make  this  step  difficult. 
The  local  press  occasionally  published  complaints  about  the  failure  of  unions  and 
government  authorities  to  do  enough  to  promote  worker  safety.  Although  written 
regulations  may  provide  adequate  safeguards,  workers  in  hazardous  jobs  often  lack 
protective  clothing  and  equipment. 


NEAR  EAST  AND  NORTH  AFRICA 


ALGERIA 


President  Liamine  Zeroual,  a  former  general,  was  elected  in  Novernber  1995  to 
a  5-year  term.  Zeroual  had  previously  served  as  president  of  a  transition  govern- 
ment established  by  the  army  in  1994,  which  included  a  National  transition  Council 
(CNT)  as  a  surrogate  parliament.  The  President  controls  defense  and  foreign  policy, 
appoints  and  dismisses  the  Prime  Minister  and  cabinet  ministers,  and  may  dissolve 
the  legislature.  The  presidential  election  was  competitive.  Three  opposition  can- 
didates had  some  access  to  state-controlled  television  and  radio  ana  also  received 
heavy  coverage  in  the  independent  press.  According  to  government  figures,  Zeroual 
received  61  percent  of  the  votes;  losing  candidates  claimed  that  there  were  instances 
of  fraud  but  did  not  contest  Zeroual's  victory.  The  Gk)vernment  does  not  always  re- 
spect the  independence  of  the  judiciary. 

After  gaining  independence  in  1962,  Algeria  had  a  single-party  state  dominated 
by  the  countrys  mihtary  leadership  and  supported  by  the  bureaucracy  and  the  Na- 
tional Liberation  Front  (FLN).  Under  the  1989  Constitution,  there  was  to  be  a  tran- 
sition to  a  pluralist  republic  with  a  strong  president.  The  democratization  process 
was  suspended,  and  the  FUSTs  rule  ended  in  1992  when  the  Army  forced  President 
ChadU  Benjedid  to  resign,  canceled  the  second  round  of  parliamentary  elections 
which  the  Islamic  Salvation  Front  (FIS)  was  poised  to  win,  and  installed  a  ruling 
five-man  High  State  Committee  that  banned  the  FIS  and  jailed  many  of  its  leaders. 
The  cancellation  of  the  elections  in  1992  escalated  fighting  between  the  security 
forces  and  armed  Islamist  groups  seeking  to  overthrow  the  Government  and  impose 
an  Islamic  state,  which  still  continues. 

In  a  flawed  popular  referendum  in  November  1996,  the  Government  obtained  ap- 

f)roval  of  proposed  changes  to  the  Constitution,  including  provision  of  a  second  par- 
iamentary  cnamber  and  greater  presidential  authority.  In  June  Algeria  held  its 
first  parliamentary  elections  since  January  1992,  and  elected  the  first  multiparty 
Parliament  in  Algerian  history.  Provincial  and  municipal  elections  were  held  in  Oc- 
tober. Although  tne  election  campaigns  were  marked  by  an  increase  in  the  openness 
of  television  and  radio  to  political  debate  and  discourse,  international  observers  and 
political  parties  pointed  out  numerous  problems  with  the  conduct  of  the  elections. 

The  Government's  security  apparatus  is  composed  of  the  army,  air  force,  navy,  the 
national  gendarmerie,  the  national  police,  communal  guards  (a  local  police),  and 
local  self-defense  forces.  All  of  these  elements  are  involved  in  counterinsurgency  and 
counterterrorism  operations  and  are  under  the  control  of  the  Government.  The  secu- 
rity forces  were  responsible  for  numerous  serious  human  rights  abuses. 

The  economy  is  slowly  developing  from  a  state-administered  to  a  market-oriented 
system.  The  Government  has  successfully  implemented  stabilization  policies  and 
structural  reforms.  However,  privatization  of  state  enterprises  and  the  restructuring 
of  the  banking  and  housing  construction  sectors  have  just  begun.  Uncompetitive  and 
unprofitable  state  enterprises  constitute  the  bulk  of  the  industrial  sector.  The  state- 
owned  petroleum  sector^  output  represented  about  a  quarter  of  national  income  and 
about  95  percent  of  export  earnings  in  1997.  The  agricultural  sector,  which  produces 
grains,  fruit,  cattle,  fioers,  vegetables,  and  poultry,  makes  up  10  to  12  percent  of 
the  economy.  Algeria  is  a  middle-income  country;  annual  per  capita  income  was  ap- 
proximately $1,600  in  1997.  Officially,  about  28  percent  of  the  working-age  popu- 
lation was  unemployed  in  1997,  and  about  70  percent  of  the  people  under  the  age 
of  30  could  not  find  adequate  employment.  Some  made  a  living  from  petty  smug- 
gling or  street  jjeddling. 

The  Government's  human  rights  performance  in  1997  reflected  improvements  in 
some  areas,  but  serious  human  rights  abuses  continued.  Citizens  do  not  have  the 
effective  right  peacefully  to  change  their  government.  The  security  forces  carried  out 
extrajudicial  killings,  were  responsible  for  numerous  disappearances,  routinely  tor- 
tured or  otherwise  abused  detainees,  and  arbitrarily  arrested  and  detained  or  held 

(1403) 


1404 

incommunicado  many  individuals  suspected  of  involvement  with  armed  Islamist 
groups.  On  some  occasions,  security  forces  failed  to  intervene  to  prevent  or  halt 
massacres  of  civilians.  Questions  have  been  raised  about  security  forces'  indifference 
to,  or  complicity  in,  civilian  deaths.  Although  the  Constitution  provides  for  an  inde- 
pendent judiciary,  executive  branch  decrees  restrict  some  of  the  judiciary's  author- 
ity. Poor  prison  conditions,  lengthy  trial  delays,  illegal  searches,  and  infringements 
on  citizens'  privacy  rights  also  remained  problems.  The  (jovemment  heavily 
censored  news  about  security  incidents  and  the  armed  groups.  The  Government  also 
continued  to  restrict  freedom  of  speech,  press,  assembly,  association,  and  movement. 
During  the  June  legislative  elections  and  the  October  municipal  and  provincial  elec- 
tions, there  were  credible  reports  of  irregularities  such  as  government  harassment 
of  opposition  party  observers  and  fraud  in  vote-tally  procedures.  The  Family  Code 
limited  women's  civil  rights,  and  domestic  violence  against  women  remained  a  seri- 
ous problem. 

Armed  groups  and  terrorists  also  committed  numerous  serious  abuses,  killing 
thousands  of  civilians.  Armed  Islamists  have  conducted  a  widespread  insurgency 
since  legislative  elections  were  canceled  in  January  1992.  Islamist  groups  targeted 
government  officials  and  families  of  security  service  members,  as  well  as  people 
whose  lifestyles  they  considered  in  conflict  with  Islamic  values. 

Increasingly  in  1997,  armed  groups  massacred  large  groups  of  civilians,  including 
infants,  often  in  apparent  retaliation  against  villages  or  families  that  had  ceased 
providing  support  to  them.  Armed  Islamists  particularly  targeted  women;  there 
were  repeated  instances  of  kidnapping  and  rape.  Bombs  left  in  cars,  cafes,  and  mar- 
kets killed  and  maimed  people  indiscriminately.  Some  killings  were  also  thought  to 
arise  from  revenge,  banditry,  and  land  grabs.  By  year's  end,  there  were  estimates 
that  6,000  to  7,000  people  were  killed  in  1997,  and  that  a  total  of  70,000  people  had 
been  killed  during  6  years  of  turmoil. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  credible  reports  that  se- 
curity forces  killed  political  opponents,  particularly  people  suspected  of  being  sym- 
pathizers of  armed  groups.  In  r  ebruary  Rachid  Muojahid  died  while  in  police  cus- 
tody. Authorities  reiused  to  release  his  body,  which  observers  said  bore  marks  of 
torture,  to  his  family.  Shortly  after  Algeria's  top  labor  leader  was  killed  in  January, 
Mudjahid  appeared  on  the  government-owned  television  and  claimed  that  he  had 
been  behind  the  killing.  His  claim  appeared  to  have  been  made  under  duress.  One 
week  later,  he  was  dead.  In  addition,  there  were  credible  reports  that  three  citizens 
were  killed  by  security  forces  in  Beni  Mered  in  February,  that  two  citizens  were 
killed  by  local  self-defense  forces  in  Tablat  in  March,  and  that  a  dozen  citizens  were 
killed  by  communal  guards  in  el-Oumaria  in  April. 

There  were  also  reports  that  on  some  occasions  security  forces  failed  to  intervene 
to  prevent  or  halt  massacres  of  civilians.  Questions  have  been  raised  about  the  secu- 
rity forces  indifference  to,  or  complicity  in,  civilian  deaths.  Amnesty  International 
(AI)  reported  that  security  forces  did  not  intervene  to  stop  the  killings  in  three  ter- 
rorist massacres  near  Algiers.  In  Has  Rais  on  August  28,  hundreds  of  persons  were 
attacked,  although  an  army  barracks  is  about  300  feet  away  and  other  security 
forces  were  nearby.  Security  forces  neither  came  to  the  assistance  of  the  villagers 
nor  apprehended  the  killers  when  they  left.  In  Beni  Messous  on  September  5,  at 
least  60  persons  were  killed.  When  villagers  telephoned  the  nearby  army  barracks 
for  help,  security  forces  refused  to  intervene,  saying  the  matter  was  under  the  man- 
date 01  the  gendarmerie.  Telephone  calls  to  the  gendarmerie  received  no  reply,  and 
the  attackers  escaped  without  any  difficulty.  In  Bentalha  on  September  22,  some 
200  persons  were  Killed  over  the  course  of  several  hours.  Survivors  reported  that 
security  forces  with  armored  vehicles  were  stationed  outside  the  village  and  stopped 
some  villagers  trying  to  flee.  However,  the  attackers  were  able  to  leave.  The  Govern- 
ment asserts  that  security  forces  cannot  respond  to  attacks  against  civilians  because 
an  attack  might  be  a  setup  for  an  ambush,  because  the  security  forces  lack  night- 
fighting  equipment,  and  because  terrorists  might  have  mined  the  area. 

The  Government  maintains  that  the  security  forces  resort  to  lethal  force  only  in 
the  context  of  armed  clashes  with  terrorists.  The  Government  also  contends  that, 
as  a  matter  of  policy,  disciplinary  action  is  taken  against  soldiers  or  policemen  who 
are  guilty  of  violating  human  rights.  The  government-linked  National  Observatory 
for  Human  Rights  (ONDH)  reported  several  instances  in  which  military  and  secu- 
rity personnel  were  punished  for  abuses  during  the  year. 

Armed  groups  targeted  both  security  force  members  and  civilians.  Terrorists  at- 
tacked civilians  whom  they  regarded  as  instruments  of  the  State  or  whose  lifestyles 


1405 

they  considered  in  conflict  with  Islamic  values.  Sometimes  they  killed  in  the  course 
of  armed  robberies  or  to  enforce  local  protection  rackets.  Some  terrorist  bombings 
seemed  intended  only  to  create  social  disorder  by  causing  a  high  number  of  civilian 
casualties  without  any  apparent  concern  for  the  particular  target.  Increasingly 
armed  groups  killed  large  groups  of  civilians,  incluaing  infants,  often  in  apparent 
retaliation  against  villages  or  families  that  had  ceased  providing  support  to  them. 
In  September  a  number  of  teachers  were  murdered  in  front  of  their  students. 

In  September  the  terrorist  Armed  Islamic  Group  (GIA)  issued  an  official  commu- 
nique in  which  it  claimed  responsibility  for  the  ongoing  violence,  terming  the  mas- 
sacres "an  offering  to  God"  and  pledging  to  continue.  Activists  from  several  political 
parties,  including  the  two  legal  Islamist  opposition  parties,  were  killed  in  1997,  as 
were  cultural  and  media  personalities  such  as  a  popular  filmmaker  and  a  television 
station  employee.  During  the  municipal  and  provincial  electoral  campaign  in  Octo- 
ber, eight  candidates  were  killed  by  terrorists.  There  were  also  instances  throughout 
the  year  of  terrorists  stopping  buses  and  cars  and  murdering  civilian  passengers. 
In  some  cases  the  victims  apparently  were  murdered  merely  because  they  were 
young  men  of  draft  age  eligible  for  miiitair  service.  Terrorists  also  were  responsible 
for  the  large  massacres  of  civilians  in  Haouch  Boughlef  in  April,  El-Oumaria  in 
May,  and  Larbaa  in  August.  These  collective  massacres  often  resulted  in  the  dis- 
placement of  large  numbers  of  survivors.  The  press  reported  that  at  least  313  per- 
sons were  killed  oy  terrorists  within  a  30  mile  radius  of  greater  Algiers  during  the 
last  3  months  of  the  year.  On  December  31,  over  300  persons  reportedly  were  killed 
in  the  western  province  of  Relizane. 

Terrorist  bombs  also  killed  hundreds  of  persons.  In  some  cases,  the  terrorists  tar- 
geted government  buildings.  In  others  they  sought  to  retaliate  against  the  families 
of  members  of  the  security  services  by  exploding  car  bombs  outside  their  homes. 
Terrorists  also  left  bombs  at  several  street  markets  during  the  year.  In  rural  areas, 
terrorists  continued  to  plant  bombs  and  mines,  often  to  prevent  security  forces  from 
pursuing  them  following  an  attack. 

In  January  Algeria's  top  labor  leader,  Abdelhak  Benhamouda,  the  Secretary  Gen- 
eral of  the  Creneral  Union  of  Algerian  Workers  (UGTA),  was  killed  in  front  of  UGTA 
headquarters.  Benhamouda  was  well-known  for  being  anti-Islamist,  and  he  had 
been  at  the  forefront  of  the  calls  for  the  cancellation  of  the  1991  legislative  elections 
won  by  the  FIS.  Since  1993  at  least  59  journalists  and  120  foreigners  have  died  in 
terrorist  attacks. 

b.  Disappearance. — There  continued  to  be  credible  reports  of  disappearances,  and 
security  forces  appear  to  have  been  involved  in  numerous  cases.  For  example,  in 
April  journalist  Aziz  Bouabdallah  was  taken  forcibly  from  his  apartment  by  men  in 
civilian  clothing.  He  has  not  yet  reappeared.  A  university  professor  was  kidnaped 
as  he  left  the  university.  His  whereabouts  also  remain  unknown.  In  July  a  surgeon 
who  had  been  released  from  prison  in  1995  after  4  years  of  detention  without  trial 
was  abducted  a  few  weeks  after  having  been  summoned  by  the  police  for  question- 
ing. In  addition,  many  previously-recorded  cases  remain  unresolved.  The  Govern- 
ment asserted  that  terrorists  disguised  as  security  forces  perpetrated  numerous  inci- 
dents. 

Terrorist  groups  kidnaped  hundreds  of  civilians,  including  family  members  of  se- 
curity service  members,  oometimes  the  mutilated  corpses  of  such  victims  were  later 
found.  In  many  other  instances,  however,  the  victims  disappeared,  and  their  fami- 
lies could  obtain  no  information  about  their  fate. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Both  the  Constitution  and  legislation  ban  torture  and  other  cruel,  inhuman,  or  de- 
grading treatment.  However,  according  to  human  rights  groups  and  lawyers,  the  po- 
lice regularly  resort  to  torture  when  interrogating  persons  suspected  of  being  in- 
volved with,  or  of  having  sympathies  for  armed  Islamists.  There  were  several  credi- 
ble reports  of  torture  at  the  Algiers  police  facility  called  Chateau  Neuf. 

There  were  repeated  reports  that  police  applied  to  prisoners  a  technique  called  "le 
chiffon,"  in  which  a  cloth  soaked  in  noxious  fluid  was  put  in  the  victim's  mouth. 
There  were  also  reports  that  the  police  applied  electric  shocks  to  sensitive  body 
parts  and  sexually  molested  female  prisoners.  Police  beatings  of  detainees  appeared 
to  be  common.  Many  victims  of  torture  hesitate  to  make  public  allegations  due  to 
fear  of  government  retaliation.  The  Interior  Ministry  in  1992  said  that  it  would  pun- 
ish those  individuals  who  violated  the  law  and  practiced  torture,  but  it  has  never 
revealed  whether  any  of  those  individuals  responsible  for  torture  have  been  pun- 
ished. On  more  than  one  occasion,  however,  the  police  have  stated  in  writing,  in  re- 
sponse to  specific  complaints  filed  by  human  rignts  organizations,  that  they  would 
punish  individual  policemen  found  guilty  of  committing  torture.  In  March  the  Na- 
tional Observatory  for  Human  Rights  (ONDH),  which  is  affiliated  with  the  Govern- 
ment, announced  that  "over  sixty    soldiers,  policemen,  communal  guards,  and  local 


1406 

self-defense  forces  members  would  soon  face  charges  in  regular  criminal  courts  of 
violating  individual  liberties  and  committing  torture.  Specifically,  the  ONDH  men- 
tioned: The  case  of  a  group  of  local  self-defense  force  members  who  had  abused  a 
group  of  citizens  in  Bougara;  the  case  of  a  policeman  accused  of  having  killed  a  civil- 
ian in  Merouana;  and  the  case  of  a  communal  guard  who  had  used  his  weapons  "for 
his  own  purposes"  in  Boufarik.  The  outcome  of  these  cases  is  unknown.  On  Decem- 
ber 31,  ONDH  President  Rezzag  Bara  told  the  Arabic-language  daily  newspaper,  El- 
Khabar,  that  the  ONDH  registered  several  dozen  individual  cases  of  human  rights 
violations  during  the  year.  Judicial  proceedings  were  conducted  in  courts  of  military 
justice  for  military  personnel  and  members  of  local  self-defense  forces  and  in  civil 
courts  for  members  of  the  security  services.  Rezzag  Bara  said  the  courts  meted  out 
very  stiff  sentences. 

Tnere  were  unconfirmed  reports  that  security  services  personnel  were  responsible 
for  several  instances  of  rape. 

Armed  groups  also  committed  many  abuses  such  as  beheading,  mutilating, 
disemboweling,  and  dismembering  their  victims,  including  infants  and  pregnant 
women.  There  were  also  credible  reports  of  children  being  forced  to  drink  the  blood 
of  their  murdered  parents.  There  were  frequent  reports  of  young  women  being  ab- 
ducted and  repeatedly  raped,  often  for  weeks  at  a  time.  The  terrorists  sought  to  jus- 
tify this  sexual  abuse  by  referring  to  it  as  "temporary  marriage,"  but  all  other  ob- 
servers, including  Islamic  scholars,  uniformly  condemned  the  practice  as  rape. 

Armed  Islamist  terrorists  committed  hundreds  of  rapes  of  female  victims,  most  of 
whom  were  subsequently  murdered. 

Prison  conditions  are  poor,  and  prisons  are  very  overcrowded.  According  to  human 
rights  activists,  cells  oilen  contain  several  times  the  number  of  prisoners  for  which 
they  originally  were  designed.  Medical  treatment  for  prisoners  is  available  but  is 
also  severely  limited. 

The  Government  does  not  permit  independent  monitoring  of  prisons  or  detention 
centers  by  groups  such  as  the  International  Committee  of  the  Red  Cross  (ICRC)  or 
Amnesty  International. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arbitrary  ar- 
rest and  detention;  however,  the  security  forces  continued  arbitrarily  to  arrest  and 
detain  citizens.  The  Constitution  stipulates  that  incommunicado  detention  in  crimi- 
nal cases  prior  to  arraignment  may  not  exceed  48  hours,  after  which  the  suspect 
must  be  charged  or  released.  According  to  the  Antiterrorist  Law  of  1992,  the  police 
may  hold  suspects  in  prearraignment  detention  for  up  to  12  days;  they  also  must 
inform  suspects  of  the  charges  against  them.  In  practice,  however,  the  security 
forces  routinely  ignore  this  12-day  limit. 

The  most  prominent  case  involving  a  prisoner  held  incommunicado  is  FIS  Vice 
President  AH  Benhadj;  his  family  has  heard  nothing  about  him  since  mid-1995  de- 
spite repeated  approaches  to  the  Justice  Ministry  by  Benhadj's  lawyers.  In  addition, 
a  number  of  lawyers  who  had  defended  suspects  in  security  cases  were  held  in  in- 
communicado detention  in  1997.  There  are  credible  reports  that  secret  long-term  de- 
tention facilities  exist  at  certain  military  bases. 

The  Antiterrorist  Law  of  1992  suspended  the  requirement  that  the  police  obtain 
warrants  in  order  to  make  an  arrest.  During  the  year,  the  police  made  a  few  broad 
nighttime  sweeps  of  neighborhoods  in  the  Algiers  suburbs  in  search  of  suspected  ter- 
rorists and  often  detained  susf)ects  without  identifying  themselves.  In  some  cases, 
they  purposely  arrested  close  relatives  of  suspected  terrorists  in  order  to  force  those 
suspects  to  surrender. 

The  authorities  released  from  prison  senior  FIS  official  Abdelkader  Hachani  and 
lawyer  Ali  Zouita,  both  of  whom  had  been  held  for  over  3  years  without  trial,  and 
FIS  President  Abassi  Madani.  Abassi  Madani,  however,  subsequently  was  placed 
under  house  arrest  and  allowed  to  receive  only  his  family  members. 

Persons  accused  of  crimes  sometimes  did  not  receive  expeditious  trials.  Hundreds 
of  state  enterprise  officials  arrested  on  charges  of  corruption  in  1996  remained  in 
detention.  Two  trials  began  in  July  for  some  defendants,  including  the  Annaba  state 
enterprise  employees  who  staged  a  hunger  strike  in  1996  to  protest  the  delay  in 
their  trials. 

Under  the  state  of  emergency,  the  Minister  of  Interior  is  authorized  to  detain  sus- 
pects in  special  camps  administered  by  the  army.  The  Government  closed  the  last 
camp  in  November  1995,  and  announced  that  it  had  released  the  641  prisoners 
there,  although  there  were  subsequent  reports  that  some  were  rearrested  later.  The 
Government  and  other  sources  contended  that  some  persons  released  from  this  pris- 
on had  joined  armed  groups. 

Exile  is  not  a  legal  Torm  of  punishment  and  is  not  known  to  be  practiced. 


1407 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary; however,  in  practice,  the  Government  does  not  always  respect  the  independ- 
ence of  the  judicial  system. 

The  judiciary  is  composed  of  the  civil  courts,  which  try  misdemeanors  and  felo- 
nies, and  military  courts,  which  have  tried  civilians  for  security  and  terrorism  of- 
fenses. There  also  is  a  Constitutional  Council  which  reviews  the  constitutionality  of 
treaties,  laws,  and  regulations.  Although  the  Council  is  not  part  of  the  judiciary,  it 
has  the  authority  to  nullify  laws  found  unconstitutional.  Regular  criminal  courts  try 
those  individuals  accused  of  security-related  offenses,  but  there  have  been  very  few 
actual  trials.  Some  observers  maintain  that,  as  a  result  of  the  1995  abolition  of  the 
special  security  courts,  long-term  detentions  without  trial  have  increased,  as  the  se- 
curity forces  are  reluctant  to  release  suspects  to  ordinary  criminal  judges. 

According  to  the  Constitution,  defendants  are  presumed  innocent  until  proven 
guilty.  They  have  the  right  to  confront  their  accusers  and  may  appeal  the  conviction. 
Trials  are  public,  and  defendants  have  the  right  to  legal  counsel.  However,  the  au- 
thorities do  not  always  respect  all  legal  provisions  regarding  defendants'  ri^ts. 
Legal  sources  indicated  that  the  judicial  authorities  violated  due  process  more  often 
in  1997  than  they  had  in  the  past.  For  example,  defendants  were  oflen  detained 
without  charge  or  denied  access  to  a  lawyer  for  longer  than  the  legal  limit.  Some 
lawyers  would  not  accept  cases  of  individuals  accused  of  security-related  offenses, 
due  to  fear  of  retribution  from  the  security  forces.  In  July,  Rachid  Mesli,  a  lawyer 
known  for  defending  suspects  in  security  cases,  was  convicted  on  a  charge  that  had 
not  been  revealed  previously  to  his  defense  team.  Neither  his  family  nor  independ- 
ent human  rights  observers  were  allowed  to  attend  his  trial.  Defense  lawyers  for 
members  of  the  banned  FIS  have  suffered  harassment,  death  threats,  and  arrest. 

There  are  no  credible  estimates  of  the  number  of  political  prisoners.  An  unknown 
number  of  persons  who  may  be  considered  political  prisoners  were  serving  prison 
sentences  because  of  their  Islamist  sympathies  and  membership  in  the  FIS. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  the  home,  but  the  state  of  emergency 
authorizes  provincial  governors  to  issue  exceptional  warrants  at  any  time.  Security 
forces  oflen  entered  residences  without  warrants.  The  security  services  also  de- 
ployed an  extensive  network  of  secret  informers  against  both  terrorist  targets  and 
political  opponents.  The  Government  monitors  telephones  and  sometimes  dis- 
connects service  to  political  opponents  and  journalists.  Security  forces  detained  rel- 
atives of  suspects  to  try  to  compel  the  suspects  to  surrender  (see  Section  l.d.). 

Armed  Islamists  routinely  entered  private  homes  either  to  kill  or  kidnap  residents 
or  to  steal  weapons,  valuables,  or  food.  After  massacres  that  took  place  in  their  vil- 
lages, numerous  civilians  fled  their  homes.  Armed  Islamist  groups  consistently  used 
threats  of  violence  to  extort  money  from  businesses  and  families  across  the  country. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech, 
but  a  1990  law  specifies  that  such  speech  must  respect  "individual  dignity,  the  im- 
peratives of  foreign  policy,  and  the  national  defense."  The  state  of  emergency  decree 
gave  the  Government  broad  authority  to  restrict  these  freedoms  and  to  take  legal 
action  against  what  it  considered  to  be  threats  to  the  State  or  public  order.  In 
March  1994,  the  Government  issued  an  interministerial  decree  that  independent 
newspapers  could  print  security  information  only  from  ofTicial  government  bulletins 
carried  by  the  government  press  service  AI'S.  In  January  shortly  afler  the  independ- 
ent press  printed  stories  based  on  hospital  sources  that  provided  higher  casualty 
counts  than  the  official  sources  had  provided,  the  Ministry  of  Interior  reiterated  this 
order.  Reporting  by  government-controlled  press  organs  regularly  included  deflated 
numbers  of  civilians  and  government  forces  killed  and  inOated  terrorist  casualty 
counts.  In  addition,  the  Ministry  of  Health  forbids  medical  personnel  such  as  doctors 
and  nurses  from  speaking  to  journalists. 

Compliance  with  the  government  directive  varied  among  independent  newspapers, 
but  they  rarely  reported  information  about  security  force  losses.  In  September  au- 
thorities withdrew  the  accreditation  of  an  Agence  France  Presse  journalist  when  he 
published,  afler  personally  visiting  the  site  of  a  massacre,  a  number  of  victims  larg- 
er than  the  official  figures  had  indicated. 

The  Government's  definition  of  security  information  oflen  extended  beyond  purely 
military  matters  to  encompass  broader  political  affairs.  In  1995  FIS  officials  who 
had  been  freed  from  detention  in  1994  received  direct  orders  from  the  Justice  Min- 
istry to  make  no  further  public  statements.  This  ban  remains  in  force.  When  FIS 
president  Abassi  Madani  was  placed  under  house  arrest  in  September,  he  was  spe- 
cifically banned  from  talking  to  the  press  or  making  any  public  statements. 


1408 

Journalists  at  independent  newspapers  often  avoided  printing  stories  about  the 
security  situation  and  Islamist  groups  in  order  to  avoid  dilTiculties  with  the  Govern- 
ment. In  September,  for  example,  the  police  summoned  one  journalist  and  ques- 
tioned him  about  sources  for  articles  written  on  the  security  situation.  In  one  well- 
f)ublicized  case,  a  court  gave  a  number  of  journalists  suspended  sentences  for  pub- 
ishing  information  on  the  killing  of  six  members  of  the  gendarmerie  in  1994.  The 
independent  press  remained  free  to  criticize  economic  and  social  policy  broadly;  how- 
ever, in  general,  journalists  exercised  self-censorship  by  not  publishing  specific  criti- 
cism of  specific  officials. 

The  Government  frequently  harassed  journalists  who  wrote  offending  articles  by 

fmtting  them  under  "judicial  control."  This  practice  required  them  to  check  in  regu- 
arly  with  the  local  police.  It  also  prevented  them  from  leaving  the  country.  For  ex- 
ample, when  APS  journalist  Hadj  Benaamane  was  released  in  April  after  serving 
more  than  2  years  in  prison  for  having  disclosed  the  place  where  FIS  Vice  President 
Ali  Benhadj  was  imprisoned,  he  was  immediately  placed  under  "judicial  control." 

During  the  year,  official  pressure  on  the  independent  press  resulted  in  the  sus- 
pension of  the  last  few  pro-Islamist  publications  other  than  the  publications  of  the 
two  legal  Islamist  political  parties.  The  independent  weekly  El-Maweed,  known  for 
its  pro-Islamist  stance  and  for  its  sharp  criticism  of  the  security  forces,  was  sus- 
pended indefinitely  in  January  on  the  pretext  of  unpaid  bills  from  the  government- 
owned  printing  press.  Also  in  January,  the  Government  shut  down  the  weekly  Ech- 
Chourouq  on  charges  of  unpaid  bills  shortly  after  Ech-Chourouq  published  several 
strong  attacks  against  the  Prime  Minister.  Ech-Chourouq  resumed  publication  in 
August.  The  pro-Islamist  weekly  El-Kila'a  also  was  suspended  in  January.  In  April 
the  Government  shut  down  the  independent  daily  Al-Ouma,  allegedly  because  of  a 
bad  check,  shortly  after  the  newspaper  printed  a  column  criticizing  the  ruling  Na- 
tional Democratic  Rally  (RND)  party. 

In  January  the  Government  allowed  the  independent  daily  La  Tribune  to  reopen. 
The  Government  had  closed  La  Tribune  in  July  1996  after  it  had  carried  a  cartoon 
that  the  Government  alleged  defamed  the  Algerian  flag.  A  subsequent  court  decision 
in  September  suspended  the  newspaper  for  6  months.  Prior  to  its  suspension.  La 
Tribune  was  among  the  foremost  newspapers  urging  faster  economic  reforms  and 
suggesting  a  settlement  with  the  political  leadership  of  the  FIS;  after  it  resumed 
publication.  La  Tribune  noticeably  reduced  its  editorial  criticism  of  the  Government 
on  economic  and  other  issues. 

Along  similar  lines,  the  independent  daily  El-Alem  Es-Siyasi  substantially  re- 
duced its  editorial  criticism  of  the  Government  in  1997  after  the  authorities  targeted 
two  of  its  reporters:  The  first  was  detained  by  the  police  for  a  week  in  March  before 
being  released  with  no  explanation;  the  second,  Aziz  Bouabdallah,  was  seized  from 
his  apartment  by  presumed  security  ofTicials  in  civilian  clothes  in  April  and  has  not 
been  heard  from  since  (see  Section  l.b.). 

The  Government  maintained  an  effective  monopoly  over  printing  companies  and 
newsprint  imports.  Algeria's  first  private  newspaper  printing  operation,  Sodipresse, 
opened  in  March,  but  it  was  shut  down  by  the  Interior  Ministry  only  2  weeks  later 
after  it  printed  an  issue  of  the  independent  weekly  publication  Ech-Chourouq.  In 
May  Ech-Chourouq  won  a  court  case  ordering  Sia,  one  of  the  two  state  printing  com- 
panies, to  resume  printing  the  publication,  but  Sia  refused  to  abide  by  the  verdict, 
and  the  authorities  took  no  measures  to  enforce  it.  Ech-Chourouq  resumed  publica- 
tion in  August  following  an  absence  of  7  months,  but  only  because  it  found  a  small 
private  company  willing  to  publish  it. 

The  Government  continued  to  exercise  pressure  on  the  independent  press  through 
the  state-owned  advertising  company,  ANEP,  which  was  created  in  1996.  All  state- 
owned  companies  that  wish  to  place  advertisements  in  a  newspaper  must  submit 
the  item  to  ANEP,  which  then  decides  in  which  newspapers  to  place  it.  As  it  had 
done  in  1996,  ANEP  provided  significant  amounts  of  advertising  to  particular  publi- 
cations with  an  anti-Islamist  editorial  line  and  that  did  not  undertake  investigations 
of  corruption.  Other  newspapers  with  different  editorial  policies  received  very  little 
or  no  advertising,  even  though  they  had  a  larger  national  readership  and  sometimes 
offered  cheaper  advertising  prices.  This  advertising  is  crucial  in  an  economy  in 
which  state  companies'  output  and  government  services  still  represent  approxi- 
mately two-thirds  of  national  income.  For  example,  El-Watan  and!^  El-Khabar,  two 
major  independent  dailies,  received  little  or  no  advertising  from  ANEP  in  the  latter 
part  of  the  year. 

Since  1995  a  Brussels-based  nongovernmental  organization  (NGO)  concerned  with 
press  freedom,  the  International  Federation  of  Journalists  (FIJ),  has  maintained  an 
office  in  Algiers.  The  FIJ  ofTice  is  allowed  to  function  but  has  yet  to  receive  the  re- 
quired authorization  from  the  Government. 


1409 

Radio  and  television  remained  under  government  control,  with  coverage  biased  in 
favor  of  the  Government's  policies.  During  the  campaigns  for  both  the  June  legisla- 
tive elections  and  the  October  municipal  and  provincial  elections  it  became  easier 
for  opposition  political  parties  to  present  their  views,  but  these  appearances  rep- 
resented only  a  small  fraction  of  the  total  radio  and  television  broadcast  time.  Much 
more  coverage  focused  on  the  new  government  party  created  in  1997,  the  National 
Democratic     Rally    (RND).     Opposition     members     of    Parliament,     as     well     as 

grogovemment  deputies,  received  coverage  in  live  televised  parliamentary  debates, 
atellite  dish  antennas  are  widespread,  and  millions  of  citizens  have  access  to  Euro- 
pean and  Middle  Eastern  broadcasting. 

Many  artists,  intellectuals,  and  university  educators  fled  Algeria  after  widespread 
violence  began  in  1992.  Few  returned  during  the  year.  As  a  result,  there  were  few 
academic  seminars  and  colloquiums,  although  there  appeared  to  be  more  in  1997 
than  in  1996.  The  Government  did  not  interfere  with  nonpolitical  seminars;  it  did 
sometimes  interfere  with  seminars  that  were  more  political  in  content.  For  example, 
in  September  at  an  international  seminar  on  violence  sponsored  by  the  government- 
linked  National  Observatory  for  Human  Rights  in  Algiers,  the  Government  forbade 
the  participants  from  discussing  the  ongoing  violence  in  Algeria. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  assembly,  but  the  1992  Emergency  Law  and  government  practice  sharp- 
ly curtail  it.  Citizens  and  organizations  must  obtain  a  permit  from  the  appointed 
local  governor  before  holding  public  meetings.  During  the  last  week  of  October,  op- 
position party  supporters  staged  two  protest  marches  peacefully  although  these  had 
not  been  sanctioned  by  the  Government.  The  following  week,  the  Interior  Ministry 
announced  it  would  no  longer  permit  unauthorized  protest  marches  and  would  use 
force  if  necessary  to  prevent  them. 

While  it  was  generally  easier  for  groups  to  hold  meetings  in  1997  than  it  had  been 
in  1996,  the  Government  nonetheless  refused  to  grant  permits  on  various  occasions. 
The  group  Call  for  Peace,  which  is  composed  of  political  figures,  lawyers,  and  jour- 
nalists, was  denied  permission  to  hold  public  gatherings  on  numerous  occasions.  The 
Government  also  blocked  meetine  requests  by  the  Association  of  Victims  of  Terror- 
ism, the  National  Syndicate  of  Magistrates,  and  the  Independent  Syndicate  of  Uni- 
versity Professors.  In  February,  however,  the  Government  authorized  a  meeting  by 
the  opposition  Workers'  Party.  In  September  the  Interior  Ministry  prohibited  one  of 
the  large  youth  associations  from  holding  a  national  conference.  Also  in  September, 
the  Government  rejected  an  application  by  one  of  the  two  Berber-based  political  par- 
ties, the  Socialist  Forces  Front  (FFS),  to  hold  a  march  against  terrorism,  although 
the  Government  had  authorized  a  similar  march  sponsored  by  the  General  Union 
of  Algerian  Workers  (UGTA)  in  August.  In  November  antiriot  police  prevented 
marches  in  Algiers  by  students  and  by  parliamentarians  protesting  fraud  in  the  Oc- 
tober municipal  and  provincial  elections. 

The  Constitution  provides  for  the  right  of  association,  but  the  1992  Emergency 
Law  and  government  practice  severely  restrict  it.  The  Interior  Ministry  licenses  all 
nongovernmental  associations  and  regards  all  associations  as  illegal  unless  they 
have  licenses.  It  may  deny  a  license  to,  or  dissolve,  any  group  regarded  as  a  threat 
to  the  existing  political  order.  After  the  Government  suspended  the  parliamentary 
election  in  1992,  it  banned  the  FIS  as  a  political  party,  and  the  social  and  charitable 
groups  connected  to  it.  Membership  in  the  FIS  is  illegal.  In  their  September  call  for 
a  truce,  FIS  representatives  proposed  that  the  FIS  be  permitted  to  resume  function- 
ing as  a  legal  party,  but  tne  Government  rejected  this  request,  with  President 
Zeroual  stating  that  the  "FIS  dossier  is  definitively  closed"  in  an  October  1  speech. 

According  to  a  1989  law,  all  citizens  exceptjudges,  army  and  security  service  per- 
sonnel, and  members  of  the  Constitutional  Council  have  the  right  to  join  political 
organizations.  In  February  the  appointed  legislature  changed  the  law  regulating  po- 
litical parties,  banning  political  party  ties  to  nonpolitical  associations.  There  were 
several  political  groups,  including  some  centrist  Islamist  parties,  such  as  the  Move- 
ment for  Social  Peace  (MSP)  and  An-Nahdah,  which  were  able  to  conduct  political 
activities,  though  not  with  complete  freedom.  In  mid- 1997  the  Interior  Ministry  dis- 
solved a  political  party  called  the  Movement  for  Democracy  in  Algeria  (MDA),  led 
by  former  president  Ahmad  Ben  Bella,  when  the  MDA  refused  to  submit  the  names 
of  its  founding  members  in  accordance  with  the  new  law  on  political  parties.  The 
Government  permits  some  specialized  groups  to  function  such  as  human  rights  and 
women's  rights  groups,  social  welfare  groups,  youth  associations,  and  regionally- 
based  cultural  organizations. 

c.  Freedom  of  Religion. — The  Constitution  declares  Islam  to  be  the  state  religion 
but  prohibits  discrimination  based  on  religious  belief.  The  Government  respects  this 
right  in  practice.  It  permits  the  small  Christian  and  Jewish  populations  to  practice 
their  faitns  without  mterference. 


1410 

The  Government  appoints  preachers  to  mosques  and  gives  general  guidance  on 
sermons.  The  Government  monitors  activities  in  mosques  for  possible  security-relat- 
ed offenses.  The  Ministry  of  Religious  Affairs  provides  some  financial  support  to 
mosques  and  has  limited  control  over  the  training  of  imams. 

Conversions  from  Islam  to  other  religions  are  rare.  Because  of  security  worries 
and  potential  legal  and  social  problems,  Muslim  converts  practice  their  new  faith 
clandestinely.  Tne  Shari'a-based  Family  Code  prohibits  Muslim  women  from 
marrying  non-Muslims,  although  this  regulation  is  not  always  enforced.  The  Code 
does  not  restrict  Muslim  men  from  marrying  non-Muslim  women. 

In  1994  the  GIA  declared  its  intention  to  eliminate  Jews,  Christians,  and  poly- 
theists  from  Algeria.  The  Christian  community,  composed  mostly  of  foreigners,  cur- 
tailed its  activities.  No  Christian  religious  figures  were  killed  during  the  year,  un- 
like 1996,  when  seven  French  monks  and  the  Catholic  bishop  of  Oran  were  killed. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  freedom  oi  domestic  and  foreign  travel  and  free- 
dom to  emigrate.  The  Government  generally  respects  these  provisions.  It  has,  how- 
ever, placed  some  journalists  under  "judicial  control,"  which  prevents  them  from 
leaving  the  country  (see  Section  2.a.). 

In  addition,  the  Government  does  not  allow  foreign  travel  by  senior  officials  from 
the  banned  FIS.  In  September  the  Government  placed  recently-released  FIS  presi- 
dent Abassi  Madani  under  house  arrest  (see  Section  l.d.).  The  Government  also 
does  not  permit  young  men  who  are  eligible  for  the  draft  and  who  have  not  yet  com- 
pleted their  military  service  to  leave  the  country  if  they  do  not  have  special  author- 
ization; this  authorization  can  be  granted  to  students  and  to  those  individuals  with 
special  family  circumstances.  The  Family  Code  does  not  permit  females  under  19 
years  of  age  and  males  under  the  age  of  18  to  travel  abroad  without  their  husband's 
or  father's  permission. 

In  July  authorities  suspended  without  pay  a  judge  who  had  recently  returned 
from  a  trip  abroad  to  study  judicial  independence  and  the  rule  of  law.  Despite  the 
fact  that  sne  had  notified  her  superiors  well  in  advance  of  her  intent  to  participate 
in  the  program,  she  was  charged  with  "unjustified  absence"  and  her  pay  ceased  as 
of  the  day  she  departed.  In  October  the  Justice  Ministry  allowed  her  to  begin  work- 
ing at  the  Supreme  Court  but  informed  her  that  she  would  not  be  permitted  to 
judge  cases  again  for  2  years. 

Under  the  state  of  emergency,  the  Interior  Minister  and  the  provincial  governors 
may  deny  residency  in  certain  districts  to  persons  regarded  as  threats  to  public 
order.  The  Government  also  restricts  travel  into  four  southern  provinces  where 
much  of  the  hydrocarbon  industry  and  many  foreign  workers  are  located,  in  order 
to  enhance  security  in  those  areas. 

The  police  and  the  communal  guards  operate  checkpoints  throughout  the  country. 
They  routinely  stop  vehicles  to  inspect  identification  papers  and  to  search  for  evi- 
dence of  terrorist  activity.  They  sometimes  detain  persons  at  these  checkpoints. 

The  GIA  in  February  1996  warned  young  Algerians  of  draft  age  not  to  travel 
across  the  country  on  pain  of  death  for  collaboration  with  the  Government;  this 
warning  remained  in  effect  in  1997.  Armed  groups  establish  temporary  roadblocks 
in  various  regions,  including  in  the  capital,  to  rob  travelers  of  cash  and  vehicles  or 
to  kill  them.  According  to  credible  reports,  armed  groups  sometimes  massacred 
groups  of  civilian  passengers  at  these  roadblocks  (see  Section  l.a.). 

The  Constitution  provides  for  the  right  of  political  asylum,  and  the  Government 
occasionally  grants  asylum.  The  Government  cooperates  with  the  office  of  the  Unit- 
ed Nations  High  Commissioner  for  Refugees  (UNHCR)  and  other  humanitarian  or- 
ganizations in  assisting  refugees.  It  also  provided  first  asylum.  For  example,  it  co- 
operates with  the  UNHCR  on  programs  to  help  refugee  Sahrawis,  the  former  resi- 
dents of  the  Western  Sahara  who  left  that  territory  after  Morocco  took  control  of 
it  in  the  1970's.  The  Government  also  has  worked  with  international  organizations 
that  help  the  Tuaregs,  a  nomadic  people  of  southern  Algeria  and  neighboring  coun- 
tries. There  were  no  reports  of  forced  expulsion  of  persons  to  a  country  where  they 
feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Despite  recent  democratic  improvements,  citizens  do  not  have  the  effective  ability 
to  change  their  government  peacefully.  The  strong  prerogatives  of  the  executive 
branch,  supported  by  the  entrenched  power  of  the  military  and  the  bureaucracy, 
prevent  the  exercise  of  citizen  rights  at  local,  regional,  and  national  levels. 

President  Zeroual  was  elected  in  a  November  1995  presidential  election,  officially 
winning  61  percent  of  the  votes  cast.  The  Presidential  campaign  was  generally  free- 
ly contested.  Three  opposition  candidates  representing  a  spectrum  of  viewpoints  had 


1411 

access  to  both  the  independent  press  and  the  government-controlled  media,  includ- 
ing radio  and  television.  Their  parties  were  permitted  to  hold  rallies  across  the 
country,  and  they  had  authorization  to  send  observers  to  polling  stations.  There  was 
an  independent  election  commission  to  supervise  the  election  process,  but  the  oppo- 
sition parties  complained  that  it  did  not  carefully  review  complaints  that  it  received 
about  the  conduct  of  the  election. 

The  resident  called  a  popular  referendum  in  November  1996  to  amend  the  Con- 
stitution, and  79  percent  of  the  voters  approved  the  changes,  according  to  the  Gov- 
ernment. There  were  no  independent  observers  at  the  polling  stations  during  the 
vote  or  the  ballot  counting.  Political  parties  opposing  the  constitutional  amendments 
suffered  occasional  harassment  by  local  government  ofiicials  and  could  not  obtain 
access  to  the  electronic  media,  which  is  government  controlled. 

Under  the  Constitution,  the  FVesident  has  the  authority  to  rule  by  decree  in  spe- 
cial circumstances.  The  President  must  subsequently  submit  to  the  Parliament  for 
approval  decrees  issued  while  the  Parliament  was  not  in  session.  The  Parliament 
now  has  a  popularly-elected  lower  chamber,  the  National  Popular  Assembly  (APN) 
and  a  senate  (the  National  Council),  two-thirds  of  whose  members  are  elected  by 
municipal  and  provincial  councils.  The  President  appoints  the  remaining  one-third 
of  the  Senate's  members.  Legislation  must  have  the  approval  of  three-quarters  of 
both  the  upper  and  lower  chambers'  members.  Laws  must  originate  in  the  lower 
house. 

In  June  Algeria  held  its  first  elections  to  the  APN  since  the  January  1992  elec- 
tions were  canceled  and  elected  the  first  multiparty  parliament  in  the  country's  his- 
tory. Candidates  representing  39  political  parties  participated,  along  with  several 
independent  candidates.  All  competing  parties  and  candidates  were  allowed  to  cam- 
paign actively  and  had  access  to  radio  and  television,  although  there  was  some  gov- 
ernment manipulation  of  the  broadcasts.  Under  a  system  of  proportional  representa- 
tion, the  government  party  won  154  seats,  followed  by  the  Islamist  party  MSP  with 
69  seats,  the  National  Liberation  Front  with  64  seats,  the  Islamist  party  An- 
Nahdah  with  34  seats,  the  Berber-based  Socialist  Forces  Front  with  20  seats,  and 
the  Berber-based  Rally  for  Culture  and  Democracy  with  19  seats.  Independent  can- 
didates won  11  seats,  the  Workers'  Party  won  4  seats,  and  three  other  small  parties 
won  a  combined  total  of  5  seats.  Hundreds  of  international  observers  were  present 
throughout  the  country.  Some  observers  were  r^efused  access  to  certain  provincial 
electoral  commissions.  Most  observers  felt  that  mobile  polling  stations,  about  5  per- 
cent of  all  polling  stations,  did  not  furnish  adequate  guarantees  of  neutrality  and 
transparency.  In  their  final  report,  neutral  observers  stated  that,  of  1,258  (of  the 
country's  35,000)  voting  stations  that  they  assessed,  1,169  were  satisfactory,  95  were 
problematic,  and  11  unsatisfactory.  On  November  8,  the  provincial  election  commis- 
sions announced  the  results  of  their  adjudication  of  the  appeals  filed  by  vainous  po- 
litical parlies.  The  RND  lost  some  seats  but  remained  the  overall  victor  in  the  June 
Assembly  elections. 

In  February  the  appointed  previous  legislature,  the  National  Transition  Council 
(CNT),  changed  the  law  regulating  political  parties.  Under  the  controversial  new 
law,  parlies  require  official  apprx)val  from  the  Interior  Ministry  before  they  can  be 
established.  To  obtain  this  approval,  they  must  have  25  founders  from  across  the 
country,  whose  names  must  be  registered  with  the  Interior  Ministry.  No  party  may 
seek  to  utilize  religion,  Berberism,  or  Arabism  for  political  purposes.  The  law  also 
banned  political  party  ties  to  nonpolitical  associations  and  tightened  party  finance 
regulations  and  reporting  requirements. 

The  existing  political  parties  represent  a  wide  spectrum  of  viewpoints  and  engage 
in  activities  ranging  from  holding  rallies  to  printing  newspapers.  In  late  February, 
the  Government  announced  the  creation  of  its  own  party,  the  National  Democratic 
Rally.  With  the  exception  of  the  RND,  the  political  parties  sometimes  encounter  dif- 
ficulties when  dealing  with  local  officials,  who  hinder  their  organizational  efTorts. 
Parties'  complaints,  particularly  claims  of  official  favoritism  toward  the  RND,  in- 
creased during  the  period  leading  up  to  the  June  APN  elections  and  the  October 
municipal  and  provincial  elections.  The  Government  monitored  private  telephone 
communications  and  sometimes  disconnected  telephone  service  to  political  oppo- 
nents for  extended  periods  (see  Section  l.f.).  Opposition  parlies  have  very  limited 
access  to  state-controlled  television  and  radio,  but  the  independent  press  publicizes 
their  views  without  difficulty.  During  the  June  and  October  elections,  however,  op- 

Josition  parlies  were  given  much  more  access  to  the  state  media.  Following  the 
une  elections,  the  state  television  transmitted  the  Popular  Assembly  debates  live 
and  uncensored. 

Women  are  underrepresented  in  government  and  politics.  There  are  only  2  women 
in  the  Cabinet,  and  there  are  few  others  in  senior  government  positions.  Eleven  of 
the  380  members  of  the  lower  house  of  Parliament  are  women.  About  25  percent 


1412 

of  the  judges  are  women,  and  this  percentage  has  been  growing  in  recent  years. 
None  of  the  four  candidates  in  the  1995  presidential  election  was  a  women.  How- 
ever, a  woman  heads  a  workers'  party.  The  major  political  parties  all  have  women's 
divisions.  The  Government  changed  the  electoral  law  in  1995  to  ensure  that  women 
cast  their  own  ballots,  rather  than  permit  their  husbands  or  fathers  to  vote  for 
them,  as  frequently  happened  in  previous  elections. 

The  Government  does  not  ban  political  participation  by  any  ethnic  minority  group. 
The  Berbers,  an  ethnic  minority  centered  in  the  Kabylie  region  of  Algeria,  partici- 
pate freely  and  actively  in  the  political  process.  Two  political  parties  originated  in 
the  Berber-populated  region  of  the  country,  the  Socialist  Forces  Front  and  the  Rally 
for  Culture  and  Democracy.  These  two  Berber-based  parties  had  to  conform  with 
changes  in  the  new  party  law  that  stipulate  that  political  parties  have  25  founders 
from  across  Algeria. 

The  Tuaregs,  a  people  of  Berber  origin,  do  not  play  an  important  role  in  politics, 
due  in  large  part  to  their  small  numbers,  estimated  in  the  tens  of  thousands,  and 
their  nomadic  existence. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  most  active  independent  human  rights  group  is  the  Algerian  League  for  the 
Defense  of  Human  Rirfits  (LADDH),  an  independent  organization  that  has  members 
throughout  Algeria.  The  LADDH  president  is  a  lawyer  who  speaks  out  publicly 
about  the  general  human  rights  situation.  The  LADDH  is  not  allowed  access  to  the 
authorities  or  to  prisons  beyond  the  normal  consultations  allowed  between  a  lawyer 
and  a  client.  Members  of  the  LADDH  have  suffered  harassment.  Telephone  service 
of  their  president,  for  example,  was  intermittently  disrupted,  and  he  and  other 
LADDH  activists  received  death  threats  from  unidentified  callers. 

There  are  two  other  human  rights  groups  in  Algeria.  The  Algerian  League  for 
Human  Rights  (LADH),  an  independent  organization  based  in  Constantine,  is  less 
active.  The  LADH  has  members  throughout  Algeria  who  follow  individual  cases.  The 
other  organization,  the  National  Observatory  for  Human  Rights  (ONDH),  is  a  gov- 
ernment-affiliated body,  which  was  established  by  the  Government  in  1992.  The 
ONDH  is  mandated  to  report  human  rights  violations  to  the  authorities.  It  prepares 
an  annual  report  with  recommendations  to  the  Government. 

There  is  an  Amnesty  International  chapter  in  Algeria,  but  it  does  not  work  on 
cases  in  Algeria. 

In  the  spring  the  Government  permitted  teams  of  human  rights  activists  from 
Human  Rights  Watch  (HRW)  as  well  as  from  the  International  Federation  of 
Human  Rights  (IFHR)  to  visit  Algeria.  During  the  June  legislative  elections,  the 
Government  invited  hundreds  of  international  observers  to  monitor  the  elections.  In 
July,  however,  the  Government  refused  to  grant  visas  to  observers  from  either  Am- 
nesty International  or  the  IFHR  to  attend  the  allegedly  public  trial  of  lawyer  Rachid 
Mesli,  who  was  known  for  defending  security  case  suspects.  In  September  four 
human  rights  groups  called  for  the  United  Nations  Human  Rights  Commission 
(UNHRC)  to  investigate  human  rights  abuses  in  Algeria,  particularly  the  allegation 
of  government  complicity  in  recent  massacres.  The  Government  rejected  their  call 
for  an  international  investigation. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  birth,  race,  sex,  belief,  or  any 
other  personal  or  social  condition.  The  Government  named  a  national  ombudsman 
in  1995.  Provincial  representatives  were  designated  in  1996  and  1997.  They  have 
a  mandate  to  accept  individual  grievances  and  to  make  them  known  to  the  authori- 
ties. The  ombudsman  presents  an  annual  report  to  the  President.  The  1997  report 
indicated  that  most  complaints  were  about  allocation  of  public  housing.  The  bu- 
reaucracy's unresponsiveness  was  a  common  complaint.  Women  continue  to  face 
legal  and  social  discrimination. 

Women. — Women's  rights  advocates  assert  that  spousal  abuse  is  common,  but 
there  are  no  reliable  studies  regarding  its  extent.  Spousal  abuse  is  more  frequent 
in  rural  than  urban  areas,  especially  among  less-educated  people.  There  are  no  laws 
to  protect  women  from  spousal  rape  or  abuse.  Battered  women  must  obtain  medical 
certification  of  the  physical  effects  of  the  attack  before  they  lodge  a  complaint  with 
the  police.  According  to  women's  rights  advocates,  fewer  than  half  of  the  women  at- 
tacked visit  doctors  for  such  certification.  They  also  assert  that  the  police  and  courts 
are  lenient  with  men  accused  of  beating  their  wives.  Women's  rights  groups  had 
great  difficulty  drawing  attention  to  spousal  abuse  as  an  important  social  problem. 


1413 

Some  aspects  of  the  law,  and  many  traditional  social  practices,  discriminate 
against  women.  The  1984  Family  Code,  based  in  large  part  on  Islamic  law  (Shari'a), 
treats  women  as  minors  under  the  legal  guardianship  of  a  husband  or  male  relative. 
A  woman  must  obtain  a  father's  approval  to  marry,  for  example.  Divorce  is  difficult 
to  obtain  except  in  cases  of  abandonment  or  the  husband's  conviction  for  a  serious 
crime.  Husbands  generally  obtain  the  right  to  the  family  home  in  the  case  of  di- 
vorce. Custody  of  the  children  normally  goes  to  the  mother,  but  she  cannot  enroll 
them  in  a  particular  school  or  take  them  out  of  the  country  without  the  father's  au- 
thorization. 

The  Family  Code  also  confirms  the  Islamic  practice  of  allowing  a  man  to  marry 
four  wives — a  rare  occurrence.  However,  a  wife  may  sue  for  divorce  if  her  husband 
does  not  inform  her  of  his  intent  to  marry  another  wife  prior  to  the  marriage.  Only 
males  are  able  to  confer  citizenship  on  their  children.  Muslim  women  are  prohibited 
from  marrying  non-Muslims;  Muslim  men  can  marry  non-Muslim  women  (see  Sec- 
tion 2.d.). 

Women  suffer  from  discrimination  in  inheritance  laws;  in  accordance  with  Shari'a 
they  are  entitled  to  a  smaller  portion  of  an  estate  than  are  male  children  or  even 
a  deceased  husband's  brothers.  Females  under  19  years  of  age  cannot  travel  abroad 
without  their  husband's  or  father's  permission  (see  Section  2.d.). 

While  social  pressure  against  women  pursuing  higher  education  or  a  career  exists 
throughout  the  country,  it  is  much  stronger  in  rural  areas  than  in  major  urban 
areas.  Women  constitute  only  8  percent  of  the  work  force.  Nonetheless,  women  may 
own  businesses  and  enter  into  contracts;  they  pursue  opportunities  in  government, 
medicine,  law,  education,  the  media,  and  even  the  armed  forces.  The  1990  Labor 
Law  bans  sexual  discrimination  in  the  workplace,  but  Labor  Ministry  inspectors  do 
little  to  enforce  this  law. 

During  the  year.  Islamic  extremists  often  specifically  targeted  women.  For  exam- 
ple, there  were  numerous  instances  of  women  being  killed  and  mutilated  in  mas- 
sacres. As  many  as  80  percent  of  the  victims  of  massacres  were  women  and  chil- 
dren. Armed  Islamist  groups  reportedly  kidnaped  young  women  and  kept  them  as 
sex  slaves  for  group  leaders  and  members  (see  Section  I.e.). 

There  are  numerous  small  women's  rights  groups.  Their  main  goals  are  to  foster 
women's  economic  welfare  and  to  amend  aspects  of  the  Family  Law,  although  no 
such  amendments  have  yet  been  passed.  In  March  the  Government  established  a 
National  Committee  for  the  Preservation  and  Promotion  of  Women. 

Children. — The  Government  is  committed  in  principle  to  protecting  children's 
human  rights.  It  provides  free  education  for  children  6  to  15  years  of  age  and  free 
medical  care  for  all  citizens — albeit  in  often  rudimentary  facilities.  The  Ministry  of 
Youth  and  Sports  has  programs  for  children,  but  these  face  serious  funding  prob- 
lems. Legal  experts  maintain  that  the  Penal  and  Family  Codes  do  not  olTer  children 
sufficient  protection.  Hospitals  treat  dozens  of  cases  of  child  abuse  every  year,  but 
many  cases  go  unreported.  Laws  against  child  abuse  have  not  led  to  notable  pros- 
ecutions against  offenders. 

People  With  Disabilities. — The  Government  does  not  mandate  accessibility  to 
buildings  or  government  services  for  people  with  disabilities.  Public  enterprises,  in 
downsizing  the  work  force,  generally  ignore  a  law  that  requires  that  they  reserve 
1  percent  of  their  jobs  for  people  with  disabilities.  Social  security  provides  for  pay- 
ments for  orthopedic  equipment,  and  some  nongovernmental  organizations  receive 
limited  government  financial  support.  The  Government  also  tries  to  finance  special- 
ized training  but  this  initiative  remains  rudimentary. 

National /Racial  / Ethnic  Minorities. — The  Berbers  are  an  ethnic  minority,  cen- 
tered in  the  Kabylie  region.  Berber  nationalists  have  sought  to  maintain  their  own 
cultural  and  linguistic  identity  while  the  Government's  Arabization  program  contin- 
ues. As  part  of  the  National  Charter  signed  in  1996,  the  Government  and  several 
major  political  parties  agreed  that  the  Berber  culture  and  language,  Amazigh,  were 
one  of  the  components  of  the  Algerian  identity.  The  Charter  did  not  meet  the  de- 
mands of  some  political  groups  that  Amazigh  be  made  an  official  language.  There 
are  professorships  in  Amazigh  and  Berber  culture  at  the  University  of  Tizi  Ouzou, 
and  the  University  announced  that  in  1998  it  would  offer  for  the  first  time  a  degree 
in  Amazigh  and  Berber  culture.  The  government-owned  national  television  station 
began  broadcasting  a  brief  nightly  news  program  in  Amazigh  in  1996.  Berbers  hold 
influential  positions  in  government,  the  army,  business,  and  journalism. 

The  Tuaregs,  a  people  of  Berber  origin,  live  a  nomadic  existence  and  are  relatively 
few  in  number. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  have  the  right  to  establish  trade  unions  of 
their  choice.  About  two-thirds  of  the  labor  force  belongs  to  unions.  There  is  an  um- 


1414 

brella  labor  confederation,  the  General  Union  of  Algerian  Workers  (UGTA)  dating 
from  the  era  of  a  single  political  party  and  its  affiliated  entities.  The  UGTA  encom- 
passes national  syndicates  specialized  by  sector.  There  also  are  currently  some  au- 
tonomous unions,  such  as  a  syndicate  of  Air  Algeria  pilots,  another  for  airport  tech- 
nicians, and  another  for  teachers  in  the  Kabylie. 

Workers  are  required  to  obtain  government  approval  to  establish  a  union.  The 
1990  Law  on  Labor  Unions  requires  the  Labor  Ministry  to  approve  a  union  applica- 
tion within  30  days.  Early  in  1996  a  second  labor  confederation,  the  Autonomous 
Syndicates  Confederation  (CSA),  tried  to  organize  the  autonomous  syndicates,  but 
it  did  not  gain  wide  support  for  this  effort.  It  made  its  application  in  1995  but  still 
had  not  received  its  approval  from  the  Labor  Ministry  at  year's  end.  However,  it 
continued  to  be  allowed  to  function  without  official  status.  In  February  the  Govern- 
ment refused  to  authorize  the  creation  of  an  independent  education  syndicate  in  the 
city  of  Saida. 

The  law  prohibits  unions  from  associating  with  political  parties.  The  law  also  pro- 
hibits unions  from  receiving  funds  from  foreign  sources.  The  courts  are  empowered 
to  dissolve  unions  that  engage  in  illegal  activities.  The  labor  union  organized  by  the 
banned  FIS,  the  Islamic  Syndicate  of  Workers  (SIT),  was  dissolved  in  1992  because 
it  had  no  license. 

Under  the  state  of  emergency,  the  Government  is  empowered  to  require  workers 
in  both  the  public  and  private  sectors  to  stay  at  their  jobs  in  the  event  of  an  unau- 
thorized or  illegal  strike.  According  to  the  1990  Law  on  Industrial  Relations,  work- 
ers may  strike  only  after  14  days  of  mandatory  conciliation,  mediation,  or  arbitra- 
tion. This  law  states  that  arbitration  decisions  are  binding  on  both  parties.  If  no 
agreement  is  reached  in  arbitration,  the  workers  may  legally  strike  after  they  vote 
by  secret  ballot  to  do  so.  A  minimum  level  of  public  services  must  be  maintained 
during  public  sector  service  strikes. 

There  were  no  major  strikes  during  the  year,  although  some  smaller  strikes  over 
salary  issues  were  organized  by  construction  workers,  educators,  and  automobile  in- 
dustry workers. 

Unions  may  form  and  join  federations  or  confederations,  affiliate  with  inter- 
national labor  bodies,  and  develop  relations  with  foreign  labor  groups.  The  UGTA, 
for  example,  has  contacts  with  French  unions  and  the  American  Federation  of 
Labor-Congress  of  Industrial  Organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  collec- 
tive bargaining  for  all  unions,  and  the  Government  permits  this  right  to  be  prac- 
ticed. The  law  prohibits  discrimination  by  employers  against  union  members  and  or- 
ganizers and  provides  mechanisms  for  resolving  trade  union  complaints,  of  antiunion 
practices  by  employers.  It  also  permits  unions  to  recruit  members  at  the  workplace. 

The  Grovemment  has  established  an  export  processing  zone  in  Jijel. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor  is  in- 
compatible with  the  Constitution's  provisions  on  individual  rights.  The  Penal  Code 
prohibits  compulsory  labor,  including  by  children,  and  the  Government  effectively 
enforces  the  ban. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  employment  is  16  years.  Inspectors  from  the  Ministry  of  Labor  enforce 
the  minimum  employment  age  by  making  periodic  or  unannounced  inspection  visits 
to  public-sector  enterprises.  They  do  not  effectively  enforce  the  law  in  the  agricul- 
tural or  private  sectors.  Economic  necessity  compels  many  children  to  resort  to  in- 
formal employment,  such  as  street  vending.  The  Government  prohibits  forced  and 
bonded  labor  by  children  and  enforces  this  prohibition  effectively  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — The  law  defines  the  overall  framework  for  ac- 
ceptable conditions  of  work  but  leaves  specific  agreements  on  wages,  hours,  and  con- 
ditions of  employment  to  the  discretion  of  employers  in  consultation  with  employees. 
The  Government  fixes  by  decree  a  monthly  minimum  wage  for  all  sectors,  however, 
this  is  not  sufilcient  to  provide  a  decent  standard  of  living  for  a  worker  and  family. 
In  May  the  minimum  wage  was  raised  to  $83  (4,800  dinars)  per  month;  it  was 
scheduled  to  increase  to  $93  (5,400  dinars)  on  January  1,  1998.  Ministry  of  Labor 
inspectors  are  responsible  for  ensuring  compliance  with  the  minimum  wage  regula- 
tions, although  their  enforcement  is  inconsistent. 

In  1997  the  standard  workweek  changed  from  44  hours  to  40  hours,  but  with  the 
same  total  monthly  salary.  There  are  well-developed  occupation  and  health  regula- 
tions codified  in  a  1991  decree,  but  government  inspectors  do  not  enforce  these  regu- 
lations effectively.  There  were  no  reports  of  workers  being  dismissed  for  removing 
themselves  from  hazardous  working  conditions. 


1415 
BAHRAIN 

Bahrain  is  a  hereditary  emirate  with  few  democratic  institutions  and  no  political 
parties.  The  Al-Khalifa  extended  family  has  ruled  Bahrain  since  the  late  18th  cen- 
tury and  dominates  its  society  and  government.  The  Constitution  confirms  the  Amir 
as  hereditary  ruler.  The  current  Amir,  Shaikh  Isa  Bin  Sulman  Al  Khalifa,  governs 
Bahrain  witn  the  assistance  of  a  younger  brother  as  Prime  Minister,  the  Amir's  son 
as  Crown  F*rince,  and  an  appointed  cabinet  of  ministers.  In  1975  the  Government 
suspended  some  provisions  of  the  1973  Constitution,  including  those  articles  relat- 
ing to  the  National  Assembly,  which  was  disbanded  and  never  reconstituted.  Citi- 
zens belong  to  the  Shi'a  and  Sunni  sects  of  Islam,  with  the  Shi'a  comprising  over 
two  thirds  of  the  indigenous  population.  The  Sunnis  predominate  because  the  ruling 
family  is  Sunni  and  is  supported  by  the  armed  forces,  the  security  service,  and  pow- 
erful Sunni  and  Shi'a  merchant  families.  Bahrain  experienced  continued  political 
unrest  during  the  year,  including  bomb  and  arson  attacks  on  public  and  private 
property.  There  are  few  judicial  checks  on  the  actions  of  the  Amir  and  his  govern- 
ment, and  the  courts  are  subject  to  government  pressure. 

The  Ministry  of  Interior  is  responsible  for  public  security.  It  controls  the  public 
security  force  (police)  and  the  extensive  security  service,  which  are  responsible  for 
maintaining  internal  order.  The  Bahrain  Defense  Force  (BDF)  is  responsible  for  de- 
fending against  external  threats.  It  did  not  play  a  role  in  internal  security  during 
the  year.  Security  forces  committed  serious  human  rights  abuses. 

Bahrain  has  a  mixed  economy,  with  government  domination  of  many  basic  indus- 
tries, including  the  important  oil  and  aluminum  industries.  Possessing  limited  oil 
and  gas  reserves,  Bahrain  is  intensifying  efforts  to  diversify  its  economic  base  com- 
panies doing  business  in  banking,  financial  services,  oil  field  services,  and  light 
manufacturing.  The  Government  has  used  its  modest  oil  revenues  to  build  an  ad- 
vanced transportation  and  telecommunications  infrastructure.  Bahrain  has  become 
a  regional  financial  and  business  center.  Tourism,  particularly  via  the  causeway 
linking  Bahrain  to  Saudi  Arabia,  is  also  a  significant  source  of  income. 

The  country's  human  rights  situation  improved  slightly  during  the  year  due  to  a 
decrease  in  the  level  of  political  unrest;  however,  there  was  no  change  in  the  Gov- 
ernment's human  rights  practices  and  numerous  serious  problems  remain.  The  main 
problems  continue  to  include  the  denial  of  the  right  of  citizens  to  change  their  gov- 
ernment; political  and  other  extrajudicial  killings;  torture;  arbitrary  arrest;  incom- 
municado and  prolonged  detention;  involuntary  exile;  limitations  on  or  the  denial 
of  the  right  to  a  fair  public  trial,  especially  in  the  security  court;  infringements  on 
citizens'  right  to  privacy;  and  restrictions  on  freedom  of  speech,  press,  assembly,  as- 
sociation, and  worker  rights.  The  Government  imposes  some  limits  on  freedom  of 
religion  and  movement.  Domestic  violence  against  women  and  discrimination  based 
on  sex,  religion,  and  ethnicity  remain  problems. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — On  June  8,  25-year-old  Abdul  Zahra 
Ibrahim  Abdullah,  from  the  village  of  Sanabis,  reportedly  died  from  mistreatment 
he  received  during  2  days  of  detention.  Although  authorities  cited  ill  health  as  the 
cause  of  death,  there  was  no  public  inquiry  into  the  allegations  that  he  died  from 
torture. 

There  were  no  investigations  or  prosecutions  of  any  security  forces  personnel  for 
alleged  extrajudicial  killings  committed  in  earlier  years. 

Two  Asian  laborers  died  on  July  5  when  antigovernment  protesters  set  fire  to  a 
store  in  the  village  of  Sitra.  On  June  13,  four  Asian  laborers  died  when  a  fire  de- 
stroyed the  business  establishment  directly  below  their  residence.  Credible  sources 
consider  it  likely  that  antigovernment  arsonists  were  responsible  for  the  attack. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Torture  and  other  cruel,  inhuman,  or  degrading  treatment  or  punishment  are  pro- 
hibited by  law;  however,  there  are  credible  reports  that  prisoners  often  are  beaten, 
both  on  the  soles  of  their  feet  and  about  the  face  and  head,  burned  with  cigarettes, 
forced  to  endure  long  periods  without  sleep,  and  in  some  cases  subjected  to  electrical 
shocks.  The  Government  has  difficulty  in  rebutting  allegations  of  torture  and  of 
other  cruel,  inhuman,  or  degrading  practices  because  it  permits  incommunicado  de- 
tention and  detention  without  trial.  There  were  no  known  instances  of  authorities 
being  punished  for  human  rights  abuses  committed  either  during  the  year  or  in  any 
previous  year. 


45-9C9    98  -  46 


1416 

Opposition  and  human  rights  groups  allege  that  the  security  forces  sometimes 
threaten  female  detainees  with  rape  and  inflict  other  forms  of  sexual  abuse  and  har- 
assment on  them  while  they  are  in  custody.  These  allegations  are  difficult  either 
to  confirm  or  deny. 

On  several  occasions,  security  forces  used  force,  including  tear  gas,  to  disperse 
public  gatherings  (see  Section  2.b.). 

At  the  Grovemment's  invitation,  the  ICRC  continued  the  series  of  visits  to  prisons 
that  it  started  in  late  1996.  The  ICRC,  by  choice  of  working  methods,  traditionally 
does  not  make  any  of  its  findings  public.  Prisons  are  overcrowded,  however  the  pris- 
on situation  has  significantly  improved  with  the  visits  of  the  International  Commit- 
tees of  the  Red  Cross  (ICRC.)  Local  defense  attorneys  report  that  their  clients  are 
receiving  improved  care  and  treatment.  In  addition,  the  release  of  prisoners  and  the 
reduced  number  of  arrest  has  helped  to  ease  overcrowding. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^Arbitrary  arrest  and  detention  are  prob- 
lems. The  Constitution  states  that  "no  person  shall  be  arrested,  detained,  impris- 
oned, searched  or  compelled  to  reside  in  a  specified  place  .  .  .  except  in  accordance 
with  the  provisions  of  the  law  and  under  the  supervision  of  the  judicial  authorities." 
In  practice,  however,  in  matters  regarding  arrest,  detention,  or  exile,  the  1974  State 
Security  Act  takes  precedence.  Under  the  State  Security  Act,  persons  may  be  de- 
tained for  up  to  3  years  without  trial  for  engaging  in  activities  or  making  state- 
ments regarded  as  a  threat  to  the  broadly  defined  concepts  of  national  harmony  and 
security  and  the  Government  continued  arbitrarily  to  arrest  and  detain  citizens.  The 
scope  of  the  State  Security  Act  extends  to  any  case  involving  arson,  explosions,  or 
attacks  on  persons  at  their  place  of  employment  or  because  of  the  nature  of  their 
work.  Detainees  have  the  rignt  to  appeal  such  detentions  after  a  period  of  3  months 
and,  if  the  appeal  is  denied,  every  6  months  thereafter  from  the  date  of  the  original 
detention. 

Government  security  forces  used  the  State  Security  Act  regularly  during  the  year 
to  detain  persons  believed  by  the  Government  to  be  engaging  in  antigovernment  ac- 
tivities, as  well  as  those  attempting  to  exercise  their  rights  of  free  speech,  associa- 
tion, or  other  rights  deemed  to  be  in  opposition  to  the  Government.  Activities  that 
also  can  lead  to  detention,  questioning,  warning,  or  arrest  by  the  security  forces  in- 
clude: membership  in  illegal  organizations  or  those  deemed  subversive;  painting 
antigovernment  slogans  on  walls;  joining  antigovernment  demonstrations  (see  Sec- 
tion 2.b.);  possessing  or  circulating  antigovernment  writings;  preaching  sermons  con- 
sidered by  the  Government  to  have  an  antigovernment  political  tone;  and  harboring 
or  associating  with  persons  committing  such  acts. 

In  addition  to  overseeing  the  security  service  and  police,  the  Ministry  of  Interior 
also  controls  the  Ofiice  of  the  Public  Prosecutor,  whose  officers  initially  determine 
whether  sufficient  evidence  exists  to  continue  to  hold  a  prisoner  in  investigative  de- 
tention. The  Ministry  is  responsible  for  all  aspects  of  prison  administration.  In  the 
early  stages  of  detention,  prisoners  and  their  attorneys  have  no  recourse  to  any  au- 
thority outside  the  Ministry  of  Interior.  The  authorities  rarely  permit  visits  to  in- 
mates who  are  incarcerated  for  security-related  offenses  and  sucn  prisoners  may  be 
held  incommunicado  for  months,  sometimes  years.  Prisoners  detained  for  criminal 
offenses,  however,  generally  may  receive  visits  from  family  members,  usually  once 
a  month. 

Security  forces  are  estimated  to  have  held  over  1,300  people  in  detention  for  secu- 
rity-related offenses  during  the  year,  including  some  who  were  arrested,  released, 
and  then  arrested  again.  At  year's  end,  as  many  as  1,100  persons  still  remained  in 
detention.  The  Government  pardoned  as  many  as  200  persons  detained  in  connec- 
tion with  antigovernment  activities. 

Abdul  Amir  Al-Jamri,  a  prominent  Shi'a  cleric,  longtime  opposition  activist,  and 
one  of  the  original  14  signers  of  the  1994  petition  to  the  Amir  calling  for  the  restora- 
tion of  the  National  Assembly,  was  arrested  in  January  1996  and  remained  in  cus- 
tody throughout  1997.  Although  he  is  reportedly  accused  by  the  (jovemment  of  com- 
mitting a  wide  variety  of  security-related  crimes,  including  treason,  Al-Jamri  has 
not  been  brought  to  trial  or  publicly  charged  with  any  crime.  Several  other  Shi'a 
clerics  associated  with  Al-Jamri,  Abdul  Wahab  Hussein,  Hassan  Mushaimaa,  Has- 
san Sultan,  Ali  Bin  Ahmed  Al-Jedhafsi,  Haji  Hassan  Jarallah,  and  AH  Mirza  Al- 
Nachas  also  were  arrested  at  the  same  time  as  Al-Jamri  and  remain  in  jail.  On 
June  29,  the  Government  announced  that  Al-Nachas  died  in  detention  of  natural 
causes. 

While  the  authorities  reserve  the  right  to  use  exile  and  the  revocation  of  citizen- 
ship to  punish  individuals  susp)ected,  or  convicted,  of  antigovernment  activity,  there 
were  no  reports  of  exile  orders  issued  during  the  year.  In  the  past,  the  Government 
has  revoked  the  citizenship  of  persons  it  considered  security  threats.  The  Govern- 
ment considers  such  persons  to  have  forfeited  their  nationality  under  the  Citizen- 


1417 

ship  Act  of  1963  because  they  accepted  forei^  citizenship  or  passports,  or  engaged 
in  antigovemment  activities  abroad.  Bahraini  emigre  groups  and  their  local  contacts 
have  challenged  this  practice,  arguing  that  the  Government's  revocation  of  citizen- 
ship without  due  process  violates  the  Constitution.  According  to  the  emigre  groups, 
as  many  as  500  citizens  continue  to  live  in  exile.  This  total  includes  both  those  pro- 
hibited from  returning  to  Bahrain  and  their  family  members  who  voluntarily  live 
abroad  with  them. 

e.  Denial  of  Fair  Public  Trial. — ^The  Constitution  provides  for  an  independent  judi- 
ciary; however,  the  courts  are  subject  to  government  pressure  regarding  sentencing 
and  appeals. 

The  civil  and  criminal  legal  system  consists  of  a  complex  mix  of  courts,  based  on 
diverse  legal  sources  including  Sunni  and  Shi'a  Shari'a  (Islamic  law),  tribal  law,  and 
other  civil  codes  and  regulations.  The  1974  State  Security  Act  created  a  separate, 
closed  security  court  system  which  has  jurisdiction  in  cases  of  alleged 
antigovemment  activity. 

The  Bahrain  Defense  Force  maintains  a  separate  court  system  for  military  per- 
sonnel accused  of  offenses  under  the  Military  Code  of  Justice.  Military  courts  do  not 
review  cases  involving  civilian  criminal  or  security  offenses. 

Defense  attorneys  are  appointed  by  the  Ministry  of  Justice  and  Islamic  Affairs. 
Some  attorneys  and  family  members  involved  in  politically  sensitive  criminal  cases 
complain  that  the  Government  interferes  with  court  proceedings  to  influence  the 
outcome  or  to  prevent  judgments  from  being  carried  out.  There  are  periodic  allega- 
tions of  corruption  in  the  judicial  system. 

In  past  cases,  the  Amir,  the  Prime  Minister,  and  other  senior  government  ofTicials 
all  have  lost  civil  cases  brought  against  them  by  private  citizens.  The  court-ordered 
judgments,  however,  are  not  always  implemented  expeditiously.  Members  of  the  rul- 
ing Al  Khalifa  family  are  well  represented  in  the  judiciary  and  do  not  generally  ex- 
cuse themselves  from  cases  involving  the  interests  of  the  Government. 

A  person  arrested  may  be  tried  in  an  ordinary'  criminal  court  or,  if  recommended 
by  the  prosecution,  in  the  Security  Court.  Ordinary  civil  or  criminal  trial  procedures 
provide  for  an  open  trial,  the  right  to  counsel  (with  legal  aid  available  when  nec- 
essary), and  the  right  to  appeal.  Criminal  court  proceedings  generally  do  not  appear 
to  discriminate  against  women,  children,  or  minority  groups.  However,  there  is  cred- 
ible evidence  that  persons  accused  of  antigovemment  crimes  and  tried  in  the  crimi- 
nal courts  were  denied  fair  trials.  The  accused  are  not  permitted  to  speak  with  an 
attorney  until  their  appearance  before  the  judge  at  the  preliminary  hearing.  Trials 
in  the  criminal  courts  for  antigovemment  activities  were  neld  in  secret. 

Security  cases  are  tried  in  secret  by  the  Supreme  Court  of  Appeals,  sitting  as  the 
Security  Court.  Family  members  are  usually  not  permitted  in  the  court  until  the 
final  verdict  is  rendered.  Procedures  in  the  security  courts  do  not  provide  for  even 
the  most  basic  safeguards.  The  Security  Court  is  exempt  from  adhering  to  the  proce- 
dural protections  of  the  Penal  Code.  Defendants  may  be  represented  by  counsel  but 
seldom  see  their  attorneys  before  the  actual  day  oi  arraignment.  Convictions  may 
be  based  solely  on  confessions  and  police  evidence  or  testimony  that  may  be  intro- 
duced in  secret.  The  defense  cannot  review  the  evidence  against  the  defendant  prior 
to  trial  proceedings.  Defense  lawyers  complain  that  they  rarely  are  given  sufficient 
time  to  develop  witnesses.  There  is  no  right  to  judicial  review  of  the  legality  of  ar- 
rests. There  is  no  judicial  appeal  of  a  State  Security  Court  verdict,  but  the  defend- 
ant may  request  clemency  from  the  Amir.  In  March  the  Security  Court  tried  59  indi- 
viduals on  charges  of  being  members  of  a  terrorist  organization  aimed  at  overthrow- 
ing the  Government.  The  Security  Court  ultimately  convicted  33  individuals  and  ac- 
quitted 24. 

The  number  of  political  prisoners  is  difficult  to  determine  because  the  Govern- 
ment does  not  release  data  on  security  cases,  such  cases  are  not  tried  in  open  court, 
and  visits  to  prisoners  convicted  of  security  offenses  are  strictly  restricted.  The  Gov- 
ernment denies  that  there  are  any  political  prisoners,  and  claims  that  all  inmates 
incarcerated  for  committing  security  offenses  were  convicted  properly  of  subversive 
acts  such  as  espionage,  espousing  or  committing  violence,  or  belonging  to  terrorist 
organizations. 

In  accordance  with  tradition,  the  Government  releases  and  grants  amnesty  to 
some  prisoners,  including  individuals  imprisoned  for  political  activities,  on  major 
holidays.  The  Government  pardoned  over  150  prisoners  in  April  during  the  Eid  Al- 
Adha  holiday. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Under 
the  law,  the  Ministry  of  Interior  is  empowered  to  authorize  entry  into  private  prem- 
ises without  specific  judicial  intervention.  Domestic  and  international  telephone 
calls  and  correspondence  are  subject  to  monitoring.  Police  informer  networks  are  ex- 
tensive and  sophisticated. 


1418 

During  the  year,  the  Government  frequently  infringed  on  citizens'  right  to  privacy, 
using  illegal  searches  and  arbitrary  arrests  as  tactics  to  control  political  unrest.  Se- 
curity forces  frequently  raided  villages  at  night,  entered  private  homes  without  war- 
rants, and  took  mto  custody  residents  who  were  suspected  of  either  participating  in 
or  having  information  regarding  antigovemment  activities.  While  conducting  these 
raids,  security  forces  frequently  confiscated,  damaged,  or  destroyed  personal  prop- 
erty, for  which  owners  were  not  compensated  by  the  Government.  Security  forces 
also  frequently  set  up  checkpoints  at  the  entrances  to  villages,  requiring  vehicle 
searches  and  proof  of  identity  from  anyone  seeking  to  enter  or  exit.  Whenever  pos- 
sible, the  Government  jams  either  in  whole  or  in  part  foreign  broadcasts  that  carry 
antigovemment  programming  or  commentary.  A  government-controlled  proxy  pro- 
hibits user  access  to  Internet  sites  considered  to  be  antigovemment  or  anti-Islamic 
(see  Section  2. a.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Although  the  Constitution  provides  for  the  ri^t 
"to  express  and  propagate  opinions,"  citizens  are  not,  in  practice,  free  to  express 
their  public  opposition  to  the  Government  in  speech  or  writing.  Press  criticism  of 
ruling  family  personalities  and  of  government  policy  regarding  certain  sensitive  sub- 
jects— such  as  sectarian  unrest  and  the  dispute  with  Qatar  over  the  Hawar  Is- 
lands— are  strictly  prohibited.  However,  local  press  coverage  and  commentary  on 
international  issues  is  open,  and  discussion  of  local  economic  and  commercial  issues 
is  also  relatively  unrestricted.  Many  individuals  express  critical  opinions  openly  on 
domestic  political  and  social  issues  in  private  settings  but  do  not  do  so  to  leading 
government  officials  or  in  public  forums. 

The  Information  Ministiy  exercises  sweeping  control  over  all  local  media.  News- 
papers are  privately  owned,  but  they  routinely  exercise  self-censorship  of  stories  on 
sensitive  topics.  The  Government  does  not  condone  unfavorable  coverage  of  its  do- 
mestic policies  by  the  international  media  and  has  occasionally  revoked  the  press 
credentials  of  offending  journalists.  Since  the  Ministry  also  sponsors  foreign  journal- 
ists' residence  permits,  this  action  can  lead  to  deportation.  In  July  the  Government 
revoked  the  press  credentials  of  a  resident  Deutche  Presse-Agentur  correspondent 
and  ordered  her  out  of  the  country  on  grounds  that  she  had  endangered  the  coun- 
try's national  security  by  filing  an  unsubstantiated  report  on  local  political  develop- 
ments. The  Government  generally  afforded  foreign  journalists  access  to  the  country 
and  did  not  limit  their  contacts  on  the  island. 

The  State  owns  and  operates  all  radio  and  television  stations.  Radio  and  tele- 
vision broadcasts  in  Arabic  and  Farsi  from  neighboring  countries  and  Egypt  can  be 
received  without  interference.  However,  international  news  services,  including  the 
Associated  Press,  United  Press  International,  and  Agence  France  Presse,  frequently 
complain  about  press  restrictions.  The  Cable  News  Network  is  available  on  a  24- 
hour  basis  by  subscription  and  the  British  Broadcasting  Corporation  world  news 
service  is  carried  on  a  local  channel  24  hours  a  day  free  of  cnarge.  However,  the 
Government  generally  jams  wholly  or  partially  foreign  broadcasts  that  carry 
antigovemment  programming  or  commentary  (see  Section  l.f.). 

Many  senior  government  officials,  ruling  family  members,  and  major  hotels  use 
satellite  dishes  to  receive  international  broadcasts,  as  do  well-to-do  private  citizens. 
The  Ministry  of  Information  closely  controls  access  to  satellite  dishes,  and  the  im- 
portation or  installation  of  dishes  without  prior  government  approval  is  illegal. 

Access  to  the  Internet  is  provided  through  the  National  Telephone  Company 
(BATELCO).  A  government-controlled  proxy  prohibits  user  access  to  sites  considered 
to  be  antigovemment  or  anti-Islamic;  E-mail  access  to  information  is  unimpeded,  al- 
though it  may  be  subject  to  monitoring  (see  Section  l.f.). 

Although  there  are  no  formal  regulations  limiting  academic  freedom,  in  practice 
academics  try  to  avoid  contentious  political  issues.  Universitv  hiring  and  admissions 
policies  appear  to  favor  Sunnis  ana  others  who  are  assumed,  to  be  supportive  of  the 
Government,  rather  than  focus  on  professional  experience  and  academic  qualifica- 
tions. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Despite  the  Constitution's  pro- 
vision for  the  right  of  free  assembly,  the  Government  prohibits  all  public  political 
demonstrations  and  meetings  and  controls  religious  gatherings  that  may  take  on  po- 
litical overtones.  Permits  are  required  for  most  other  public  gatherings  and  permis- 
sion is  not  routinely  granted.  Unauthorized  public  gatherings  of  more  than  five  per- 
sons are  prohibited  by  law.  The  Government  monitors  gatherings  that  might  take 
on  a  political  tone  and  frequently  disperses  such  meetings. 

On  numerous  occasions  during  the  year,  the  security  forces  used  force,  including 
tear  gas,  to  disperse  gatherings  during  which  protesters  called  for  the  reestablish- 
ment  of  an  elected  parliament  and  the  release  of  prisoners,  objected  to  Al-Khalifa 


1419 

rule,  denounced  police  brutality,  protested  foreigners  in  the  security  forces  and  in 
the  labor  force,  or  demanded  increased  employment  opportunities.  After  each  of 
these  incidents,  suspected  leaders  and  active  participants  were  arrested. 

The  Constitution  provides  for  the  right  of  free  association;  however,  the  Govern- 
ment restricts  freedom  of  association.  The  Government  prohibits  political  parties 
and  organizations.  Some  professional  societies  and  social/sports  clubs  have  tradition- 
ally served  as  forums  for  discreet  political  discussion,  but  they  are  restricted  by  law 
from  engaging  in  political  activity.  Only  the  Bahraini  Bar  Association  is  exempt 
from  the  regulations  that  require  that  the  constitution  of  all  associations  include  a 
commitment  to  refrain  from  political  activity.  The  Bar  Association  successfully  ar- 
gued that  a  lawyer's  professional  duties  may  require  certain  political  actions,  such 
as  interpreting  legislation  or  participating  in  a  politically  sensitive  trial.  Other  orga- 
nized discussions  and  meetings  are  still  actively  discouraged. 

c.  Freedom  of  Religion. — Islam  is  the  state  religion  and  the  population  is  over- 
whelmingly Muslim.  However,  Christians  and  other  non-Muslims,  including  Jews, 
Hindus,  and  Baha'is  are  free  to  practice  their  religion,  maintain  their  own  places 
of  worship,  and  display  the  symbols  of  their  religion.  Bibles  and  other  Christian 
publications  are  displayed  and  sold  openly  in  local  bookstores  which  also  sell  Islamic 
and  other  religious  literature.  Some  small  groups  worship  in  their  homes.  Notables 
from  virtually  every  religion  and  denomination  visit  Bahrain  and  frequently  meet 
with  government  and  civic  leaders.  Religious  tracts  of  all  Islamic  sects,  cassettes  of 
sermons  delivered  by  Muslim  preachers  from  other  countries,  and  publications  of 
other  religions  are  readily  available. 

Proselytizing  by  non-Muslims  is  discouraged,  anti-Islamic  writings  are  prohibited, 
and  conversions  from  Islam  to  other  religions,  while  not  illegal,  are  not  well  toler- 
ated by  society. 

Both  Sunni  and  Shi'a  are  subject  to  governmental  control  and  monitoring.  During 
the  year,  the  Government  frequently  closed  mosques  and  ma'tams  (Shi'a  community 
centers)  in  certain  locations  to  prevent  religious  leaders  from  delivering  political 
speeches  during  their  Friday  prayers  and  sermons.  The  High  Council  for  Islamic  Af- 
fairs is  charged  with  review  and  approval  of  all  clerical  appointments  within  both 
the  Sunni  and  Shi'a  communities  and  maintains  program  oversight  for  all  citizens 
studying  religion  abroad.  Public  religious  events,  most  notably  the  large  annual 
commemorative  marches  by  Shi'a,  are  permitted  but  are  closely  watched  by  the  po- 
lice. There  are  no  restrictions  on  the  number  of  citizens  permitted  to  make  pilgrim- 
ages to  Shi'a  shrines  and  holy  sites  in  Iran,  Iraq,  and  Syria.  However,  due  to  condi- 
tions in  Iraq,  very  few  citizens  make  pilgrimages  there.  The  Government  monitors 
travel  to  Iran  and  scrutinizes  carefully  those  who  choose  to  pursue  religious  study 
there.  Travel  to  Iran  for  pilgrimages,  business  trips,  tourism,  and  family  visits,  how- 
ever, is  not  forbidden. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  are  free  to  move  within  the  country  and  change  their  place  of 
residence  or  work.  Passports,  however,  may  be  denied  on  political  grounds.  Approxi- 
mately 3  percent  of  the  indigenous  population,  the  "bidoon,"  or  stateless  persons, 
mostly  Persian-origin  Shi'a,  do  not  have  passports  and  cannot  readily  obtain  them, 
although  they  may  be  given  travel  documents  as  Bahraini  residents  (see  section  5). 
The  Government  occasionally  grants  citizenship  to  resident  non-Bahrainis  who  are 
Sunni  Muslims,  mostly  from  the  Arabian  peninsula  and  Egypt. 

Citizens  living  abroad  who  are  suspected  of  political  or  criminal  offenses  may  face 
arrest  and  trial  upon  return  to  Bahrain.  Under  the  1963  Citizenship  Law,  the  Gov- 
ernment may  reject  applications  to  obtain  or  renew  passports  for  reasonable  cause, 
but  the  applicant  has  the  right  to  appeal  such  decisions  before  the  High  Civil  Court. 
The  Government  has  also  issued  temporary  passports,  good  for  one  trip  within  a 
year,  to  individuals  whose  travel  it  wishes  to  control  or  whose  claim  to  Bahraini  na- 
tionality is  questionable.  Noncitizen  residents,  including  bidoon  of  Iranian  origin, 
may  also  obtain  Bahraini  laissez  passers  (travel  documents),  usually  valid  for  2 
years  and  renewable  at  Bahraini  embassies  overseas.  Laissez  passer  holders  also  re- 
quire visas  to  reenter  Bahrain. 

Bahrain  does  not  usually  accept  refugees  due  to  its  small  size  and  limited  re- 
sources. In  practice,  however,  refugees  who  arrive  in  Bahrain  are  not  repatriated 
to  countries  from  which  they  have  fled.  Many  Iranian  emigres  who  fled  Iran  after 
the  Iranian  Revolution  have  been  granted  permission  to  remain  in  Bahrain,  but 
they  have  not  been  granted  citizenship.  Although  the  Government  cooperates  with 
the  U.N.  High  Commissioner  for  Refugees  to  the  maximum  extent  possible,  it  has 
not  formulated  a  formal  policy  regarding  refugees,  asylees,  or  first  asylum. 


1420 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  right  or  ability  peacefully  to  change  their  government 
or  their  political  system,  and  political  activity  is  strictly  controlled  by  the  Govern- 
ment. Since  the  dissolution  of  the  National  Assembly  in  1975,  there  have  been  no 
formal  democratic  political  institutions.  The  Prime  Minister  malces  all  appointments 
to  the  Cabinet.  All  other  government  positions  are  filled  by  the  relevant  ministries. 
About  one-third  of  the  cabinet  ministers  are  Shi'a  Muslim,  although  they  do  not 
hold  security-related  offices.  The  ordinary  citizen  may  attempt  to  influence  govern- 
ment decisions  through  submission  of  personal  written  petitions  and  informal  con- 
tact with  senior  officials,  including  appeals  to  the  Amir,  the  Prime  Minister,  and 
other  officials  at  their  regularly  scheduled  public  audiences,  called  majlises. 

In  1992  the  Amir  established  by  decree  a  Consultative  Council  (Majlis  Al-Shura). 
Its  40  members  are  divided  evenly  between  Sunni  and  Shi'a  and  are  appointed  by 
the  Amir.  They  are  selected  to  represent  major  constituent  groups,  including  rep- 
resentatives from  the  business,  labor,  professional,  and  religious  communities.  There 
are  no  members  of  the  ruling  Al-Khalifa  family  or  religious  extremists  in  the  Majlis. 
In  addition  to  legislation  siibmitted  for  its  review  by  the  Cabinet,  the  Majlis  also 
may  initiate  debate  independently  on  non-political  issues.  The  Majlis  may  also  sum- 
mon cabinet  ministers  to  answer  questions,  but  its  recommendations  are  not  binding 
on  the  Government.  The  Majlis  held  its  fifth  session  from  October  1996  to  May  and 
began  a  new  session  on  October  7. 

Li  1997  the  Majlis  debated  a  number  of  contentious  social  and  economic  issues, 
including  unemployment,  privatization,  and  delivery  of  social  services,  drafting  pro- 

gosals  on  these  and  other  subjects  for  government  consideration.  According  to  the 
peaker  of  the  Majlis,  the  Government  responded  favorably  to  the  majority  of  the 
Majlis'  recommendations  by  incorporating  tnem  into  legislation  or  by  taking  other 
appropriate  actions.  In  September  the  Consultative  Council  publicly  rejected  a  Euro- 
pean Parliament  resolution  that  criticized  the  human  rights  situation  in  Bahrain. 
There  are  no  women  either  in  the  Consultative  Council  or  at  the  ministerial  levels 
of  government.  The  majority  of  women  who  choose  to  work  in  government  are  in 
a  support  capacity  and  only  a  few  have  attained  senior  positions  within  their  respec- 
tive ministries  or  agencies. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  no  local  human  rights  organizations.  Because  of  the  restrictions  on  free- 
dom of  association  and  expression,  any  independent,  domestically-based  investiga- 
tion or  public  criticism  of  the  Government's  human  rights  policies  faces  major  obsta- 
cles. A  number  of  groups  based  abroad  report  on  alleged  human  rights  violations. 
These  include  the  Damascus-based  Committee  for  the  Defense  of  Human  Rights  in 
Bahrain,  the  London-based  Bahrain  Freedom  Movement,  the  Beirut-based  Islamic 
Front  for  the  Liberation  of  Bahrain,  and  the  Copenhagen-based  Bahrain  Human 
Rights  Organization,  formerly  the  Committee  for  the  Defense  of  Political  Prisoners 
in  Bahrain.  These  groups  are  composed  of  small  numbers  of  emigres  living  in  self- 
imposed  exile  and  reportedly  receive  funding  from  sources  hostile  to  the  Govern- 
ment. They  are  viewed  by  many  local  observers  as  espousing  a  political,  rather  than 
a  purely  human  rights,  agenda. 

The  Government  maintains  that  it  is  not  opposed  to  visits  by  bona  fide  human 
rights  organizations.  In  practice,  however,  international  human  rights  organizations 
have  found  it  difficult  to  conduct  activities  in  Bahrain.  In  October  1996  the  Govern- 
ment invited  the  ICRC  to  undertake  visits  to  the  country's  prisons.  The  visits  con- 
tinued throughout  1997  and,  while  the  ICRC  has  maintained  its  usual  standards 
of  confidentiality  regarding  its  findings,  credible  reports  indicate  that  conditions 
throughout  the  penal  system  have  improved. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  states  that  "liberty,  equality,  security,  tranquillity,  education,  so- 
cial solidarity,  and  equal  opportunities  for  citizens  shall  be  pillars  of  society  assured 
by  the  State."  It  further  states  that  every  citizen  shall  have  the  right  to  medical 
care,  welfare,  education,  property,  capital,  and  work.  In  practice,  however,  these 
rights  are  unevenly  protected,  depending  on  the  individual's  social  status,  ethnicity, 
or  sex. 

Women. — Violence  against  women  occurs,  but  incidents  are  usually  kept  within 
the  family.  In  general  there  is  little  public  attention  to,  or  discussion  of  violence 
against  women.  No  government  policies  explicitly  address  violence  against  women. 
Women's  groups  and  health  care  professionals  state  that  spouse  abuse  is  common, 


1421 

particularly  in  poorer  communities.  There  are  very  few  known  instances  of  women 
seeking  legal  redress  for  violence.  Anecdotal  evidence  suggests  that  the  courts  are 
not  receptive  to  such  cases. 

Cases  are  not  uncommon  in  which  foreign  women  working  as  domestic  workers 
are  beaten  or  sexually  abused.  Numerous  cases  have  been  reported  to  local  embas- 
sies and  the  police.  Most  victims,  however,  are  too  intimidated  to  sue  their  employ- 
ers. Those  who  do  so  appear  to  be  received  sympathetically  in  the  courts. 


been  made. 

While  both  Shi'a  and  Sunni  women  have  the  right  to  initiate  a  divorce,  religious 
courts  may  refuse  the  request.  Although  local  religious  courts  may  grant  a  divorce 
to  Shi'a  women  in  routine  cases,  occasionally  Shi'a  women  seeking  divorce  under  un- 
usual circumstances  must  travel  abroad  to  seek  a  higher  ranking  opinion  than  is 
available  in  the  country.  Women  of  either  sect  may  own  and  inherit  property  and 
may  represent  themselves  in  all  public  and  legal  matters.  In  the  absence  of  a  direct 
male  heir,  Shi'a  women  may  inherit  all  property.  In  contrast,  Sunni  women — in  the 
absence  of  a  direct  male  heir — inherit  only  a  portion;  the  balance  is  divided  among 
brothers,  uncles,  and  male  cousins  of  the  deceased. 

In  the  event  of  divorce,  the  courts  routinely  grant  Shi'a  and  Sunni  women  custody 
of  daughters  under  the  age  of  9  and  sons  under  age  7,  although  custody  usually  re- 
verts to  the  father  once  the  children  reach  those  ages.  In  all  circumstances  except 
mental  incapacitation,  the  father,  regardless  of  custody,  retains  the  right  to  make 
certain  legal  decisions  for  his  children  such  as  guardianship  of  any  property  belong- 
ing to  the  child  until  the  child  reaches  legal  age.  A  non-Bahraini  woman  automati- 
cally loses  custody  of  her  children  if  she  divorces  their  Bahraini  father.  Women  may 
obtain  passports  and  leave  the  country  without  the  permission  of  the  male  head  of 
the  household.  Women  are  free  to  work  outside  the  home,  to  drive  cars  without  es- 
corts, to  wear  the  clothing  of  their  choice,  and  have  increasingly  taken  jobs  pre- 
viously reserved  for  men.  The  Labor  Law  does  not  discriminate  against  women; 
however,  in  practice,  there  is  discrimination  in  the  workplace,  including  inequality 
of  wages  and  denial  of  opportunity  for  advancement.  Women  constitute  over  20  per- 
cent of  the  work  force.  The  Government  has  encouraged  the  hiring  of  women,  en- 
acted special  laws  to  promote  female  entry  into  the  work  force,  and  is  a  leading  em- 
ployer of  women.  The  Labor  Law  does  not  recognize  the  concept  of  equal  pay  for 
equal  work,  and  women  are  generally  paid  less  than  men.  Generally,  women  work 
outside  the  home  during  the  years  between  secondary  school  or  university  and  mar- 
riage. Some  women  complain  that  admissions  policies  at  the  National  University  are 
aimed  at  increasing  the  number  of  male  students  at  the  expense  of  qualified  female 
applicants,  especially  Shi'a  women.  Nevertheless,  women  make  up  the  majority  of 
students  at  the  country's  universities. 

There  are  women's  organizations  that  seek  to  improve  the  status  of  women  under 
both  civil  and  Islamic  law.  Some  women  have  expressed  the  view  that,  despite  their 
participation  in  the  work  force,  women's  rights  are  not  significantly  advancing  and 
that  much  of  the  lack  of  progress  is  due  to  the  influence  of  Islamic  religious  tradi- 
tionalists. Other  women,  however,  desire  a  return  to  more  traditional  values  and 
support  calls  for  a  return  to  traditional  Islamic  patterns  of  social  behavior. 

Children. — The  Government  has  often  stated  its  commitment  to  the  protection  of 
children's  rights  and  welfare  within  the  social  and  religious  framework  of  this  tradi- 
tional society.  It  honors  this  commitment  through  enforcement  of  its  civil  and  crimi- 
nal laws  and  extensive  social  welfare  network.  Public  education  for  children  below 
the  age  of  15  is  free.  While  the  Constitution  calls  for  compulsory  education  at  the 
primary  levels,  authorities  do  not  enforce  attendance.  Limited  medical  services  for 
infants  and  pre-adolescents  are  provided  free  of  charge. 

The  social  status  of  children  is  shaped  by  tradition  and  religion  to  a  greater  ex- 
tent than  by  civil  law.  Public  discussion  of  child  abuse  is  rare,  and  the  preference 
of  the  authorities  always  has  been  to  leave  such  matters  within  the  purview  of  the 
family  or  religious  groups.  The  authorities  actively  enforce  the  laws  against  pros- 
titution, including  child  prostitution,  procuring,  and  pimping.  Violators  are  dealt 
with  harshly  and  can  be  imprisoned,  or  if  non-Bahraini,  deported.  In  some  cases, 
authorities  reportedly  will  return  children  arrested  for  prostitution  and  other  non- 

ftolitical  crimes  to  their  families  rather  than  prosecute  them,  especially  for  first  of- 
enses.  Some  legal  experts  have  called  on  the  Government  to  establish  a  separate 
juvenile  court.  Other  citizens,  however,  insist  that  the  protection  of  children  is  a  re- 
ligious, not  a  secular,  function  and  oppose  greater  government  involvement.  Inde- 
gendent  and  quasi-governmental  organizations  such  as  the  Bahraini  Society  for  the 
rotection  of  Children  and  the  Mother  and  Child  Welfare  Society  play  an  active  part 


1422 

in  protecting  children  by  providing  counseling,  legal  assistance,  advice,  and,  in  some 
cases,  shelter  and  financial  support  to  distressed  children  and  families. 

Detentions  and  arrests  of  juveniles,  some  as  young  as  7  years  old,  were  numerous 
during  the  year  in  connection  with  the  political  unrest.  These  children  were  gen- 
erally released  without  charges  within  several  days  of  their  arrests.  However,  those 
juveniles  charged  with  security  offenses  received  the  same  treatment  as  adult  pris- 
oners, i.e.,  incommunicado  detention  and  trial  before  a  State  Security  Court. 

People  with  Disabilities. — The  law  protects  the  rights  of  people  with  disabilities 
and  a  variety  of  governmental,  quasi-governmental,  and  religious  institutions  are 
mandated  to  support  and  protect  disabled  persons.  The  regional  (Arabian  Gulf)  Cen- 
ter for  the  Treatment  of  the  Blind  is  headquartered  in  Bahrain  and  a  similar  Center 
for  the  Education  of  Deaf  Children  was  established  in  1994.  Society  tends  to  view 

f>eople  with  disabilities  as  special  cases  in  need  of  protection  rather  than  as  fully 
iinctioning  members  of  society.  Nonetheless,  the  Government  is  required  by  law  to 
f)rovide  vocational  training  for  disabled  persons  wishing  to  work  and  maintains  a 
ist  of  certified,  trained  disabled  persons.  The  Labor  Law  of  1976  also  requires  that 
any  employer  of  over  100  people  must  engage  at  least  2  percent  of  its  employees 
from  the  Government's  list  of  disabled  workers.  The  Ministry  of  Labor  and  Social 
Affairs  works  actively  to  place  people  with  disabilities  in  public  sector  jobs,  such  as 
in  the  public  telephone  exchanges.  The  Grovemment's  housing  regulations  require 
that  access  be  provided  to  disabled  persons.  Greater  emphasis  nas  oeen  given  in  re- 
cent years  to  public  building  design  that  incorporates  access  for  the  disabled. 

Religious  Minorities. — ^Although  there  are  notable  exceptions,  the  Sunni  Muslim 
minority  enjoys  a  favored  status  in  Bahrain.  Sunnis  generally  receive  preference  for 
employment  m  sensitive  government  positions  and  in  the  managerial  ranks  of  the 
civil  service.  Shi'a  citizens  are  not  allowed  to  hold  significant  posts  in  the  Bahrain 
defense  and  internal  security  forces.  In  the  private  sector,  Shi'a  tend  to  be  employed 
in  lower  paid,  less  skilled  jobs. 

Educational,  social,  and  municipal  services  in  most  Shi'a  neighborhoods,  particu- 
larly in  rural  villages,  are  inferior  to  those  found  in  Sunni  urban  communities.  In 
an  effort  to  remedy  social  discrimination,  the  Government  has  built  numerous  sub- 
sidized housing  complexes  open  to  all  citizens  on  the  basis  of  financial  need.  In  an 
effort  to  ease  both  the  housing  shortage  and  strains  on  the  national  budget,  in  1997 
the  Government  revised  its  policy  in  order  to  permit  lending  institutions  to  finance 
mortgages  on  apartment  units. 

National / Racial / Ethnic  Minorities. — A  group  of  approximately  9,000  to  15,000 
persons,  mostly  Shi'a  of  Persian-origin,  but  including  some  Christians,  are  stateless. 
They  are  commonly  known  as  bidoon  and  enjoy  less  than  full  citizenship  under  the 
Citizenship  Act  of  1963.  Many  of  the  bidoon  are  second-  or  third-generation  resi- 
dents whose  ancestors  emigrated  from  Iran.  Although  they  no  longer  claim  Iranian 
citizenship,  they  have  not  been  granted  Bahraini  nationality.  Without  citizenship 
these  individuals  officially  are  unable  to  buy  land,  start  a  business,  or  obtain  gov- 
ernment loans,  although  in  practice  many  do.  The  law  does  not  address  the  citizen- 
ship rights  of  persons  who  were  not  registered  with  the  authorities  prior  to  1959, 
creating  a  legal  problem  for  such  persons  and  their  descendants  and  resulting  in 
economic  and  other  hardships.  The  Government  maintains  that  many  of  those  who 
claim  to  be  bidoon  are  actually  citizens  of  Iran  or  other  Gulf  states  who  have  volun- 
tarily chosen  not  to  renew  their  foreign  passports.  Bidoon  and  Bahrainis  who  speak 
Farsi,  rather  than  Arabic,  as  their  first  language  also  face  significant  social  and  eco- 
nomic obstacles,  including  difTiculty  finding  employment. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  partially  suspended  1973  Constitution  recog- 
nizes the  right  of  workers  to  organize,  but  internationally  afTiliated  trade  unions  do 
not  exist.  The  Constitution  provides  for  "freedom  to  form  associations  and  trade 
unions  on  national  bases  and  for  lawful  objectives  and  by  peaceful  means,"  in  ac- 
cordance with  the  law,  and  states  that  "No  person  shall  be  compelled  to  join  or  re- 
main in  any  a.ssociation  or  union." 

In  response  to  labor  unrest  in  the  mid-1950's,  1965,  and  1974,  the  Government 
passed  a  series  of  labor  regulations,  which,  among  other  things,  allow  the  formation 
of  elected  workers'  conunittees  in  larger  companies.  Worker  representation  is  based 
on  a  system  of  Joint  Labor-Management  Conunittees  (JLC's)  established  by  ministe- 
rial decree.  Between  1981  and  1984,  12  JLC's  were  established  in  the  major  state- 
owned  industries.  Four  new  JLC's  were  established  in  1994  in  the  private  sector, 
including  one  in  a  major  hotel.  The  Government  is  considering  the  further  expan- 
sion of  the  JLC  system  into  the  tourism  and  banking  sectors. 

The  JLC's  are  composed  of  equal  numbers  of  appointed  management  representa- 
tives and  worker  representatives  elected  from  and  by  company  employees.  Each 


1423 

committee  is  chaired  alternately  by  the  management  and  worker  representative. 
The  selection  of  worker  representatives  appears  to  be  fair;  under  the  law  the  Min- 
istry of  Interior  may  exclude  worker  candidates  with  criminal  records  or  those 
deemed  a  threat  to  national  security. 

The  elected  labor  representatives  of  the  JLC's  select  the  11  members  of  the  Gen- 
eral Committee  of  Bahrain  Workers  (GCBW),  established  in  1983  by  law,  which 
oversees  and  coordinates  the  work  of  the  JLC's.  The  committee  also  hears  com- 
plaints from  Bahraini  and  foreign  workers  and  assists  them  in  bringing  their  com- 
plaints to  the  attention  of  the  Ministry  of  Labor  or  the  courts.  In  1995  elections 
were  held  for  3-year  terms  for  representatives  to  the  GCBW.  Workers  from  all  types 
of  occupations  were  elected  to  the  body  in  1995,  including  Sunni  and  Shi'a  Muslims, 
foreign  workers,  and,  for  the  first  time,  a  woman.  These  elections,  which  were  by 
secret  ballot  and  appeared  to  be  free,  were  carried  out  during  the  worst  of  the  dem- 
onstrations. 

Although  the  Government  and  company  management  are  not  represented  on  the 
GCBW,  the  Ministry  of  Labor  closely  monitors  the  body's  activities.  It  approves  the 
GCBW's  rules  and  the  distribution  of  GCBW  funds.  The  JLC-GCBW  system  rep- 
resents nearly  70  percent  of  the  island's  indigenous  industrial  workers,  although 
both  government  and  labor  representatives  readily  admit  that  nonindustrial  work- 
ers and  foreign  workers  are  clearly  underrepresented  in  the  system.  The  Ministry 
of  Labor  and  Social  Affairs  supports  the  formation  of  JLC's  in  all  public  and  private 
sector  companies  that  employ  more  than  200  workers. 

Although  foreign  workers  constitute  67  percent  of  the  work  force,  they  are  under- 
represented  in  the  GCBW.  Foreign  workers  can  and  do  participate  in  the  JLC  elec- 
tions, and  five  foreign  workers  currently  serve  on  JLC's.  None,  however,  currently 
sits  on  the  board  oi  the  GCBW.  It  is  a  longterm  goal  of  both  the  Government  and 
the  GCBW  to  replace  foreign  workers  with  citizens  throughout  all  sectors  of  the 
economy  and  to  create  new  jobs  for  citizens  seeking  employment. 

The  Labor  Law  is  silent  on  the  right  to  strike,  and  there  were  no  strikes  during 
the  year.  Actions  perceived  to  be  detrimental  to  the  "existing  relationship"  between 
employers  and  employees  or  to  the  economic  health  of  the  State  are  forbidden  by 
the  1974  Security  Act.  There  are  no  recent  examples  of  major  strikes,  but  walkouts 
and  other  job  actions  have  been  known  to  occur  without  governmental  intervention 
and  with  positive  results  for  the  workers. 

The  GCBW  represents  workers  in  the  Arab  Labor  Organization,  but  does  not  be- 
long to  any  international  trade  union  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — As  in  the  case  of  strikes,  the 
Labor  Law  neither  grants  nor  denies  workers  the  right  to  organize  and  bargain  col- 
lectively outside  the  JLC  system.  While  the  JLC's  are  empowered  to  discuss  labor 
disputes,  organize  workers'  services,  and  discuss  wages,  working  conditions,  and 
productivity,  the  workers  have  no  independent,  recognized  vehicle  for  representing 
their  interests  on  these  or  other  labor-related  issues.  Minimum  wage  rates  for  public 
sector  employees  are  established  by  Council  of  Ministers'  decrees.  Private  businesses 
generally  follow  the  Government's  lead  in  establishing  their  wage  rates. 

There  are  two  export  processing  zones.  Labor  law  and  practice  are  the  same  in 
these  zones  as  in  the  rest  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor  is  pro- 
hibited by  law.  In  practice,  the  labor  laws  apply  for  the  most  part  only  to  citizens, 
and  abuses,  particularly  of  domestic  workers  and  those  working  illegally,  are  known 
to  occur.  In  some  cases,  workers  arrive  in  Bahrain  under  the  sponsorship  of  an  em- 

?loyer  and  then  switch  jobs,  while  continuing  to  pay  a  fee  to  their  original  sponsor, 
he  Government  has  announced  its  intention  to  abolish  this  illegal  practice,  which 
makes  it  difficult  to  monitor  and  control  the  employment  conditions  of  domestic  and 
other  workers.  However,  no  substantive  action  has  yet  been  taken. 

Labor  law  amendments  passed  in  1993  stiffened  the  penalties  for  job  switching 
to  include  jail  sentences  of  up  to  6  months  for  the  sponsor  of  every  illegally-spon- 
sored worker.  In  such  cases,  tne  workers  involved  are  likely  to  be  deported  as  illegal 
immigrants  after  the  case  is  concluded.  During  the  summer  and  fall,  the  Govern- 
ment conducted  an  amnesty  program  under  which  undocumented  foreign  workers 
were  permitted  either  to  legalize  their  status  or  leave  the  country  without  penalty. 
As  many  as  38,000  workers  opted  to  participate  in  the  amnesty  program. 

The  sponsorship  system  leads  to  other  abuses  as  well.  There  are  numerous  reports 
that  employers  withhold  salaries  from  their  foreign  workers  for  months,  even  years, 
at  a  time,  and  may  refuse  to  grant  them  the  necessary  permission  to  leave  the  coun- 
try. The  Government  and  the  courts  generally  work  to  rectify  those  abuses  brought 
to  their  attention,  but  fear  of  deportation  or  employer  retaliation  prevents  many  lor- 
eign  workers  from  making  complaints  to  the  authorities. 


1424 

Labor  laws  do  not  apply  to  domestic  servants.  There  are  credible  reports  that  do- 
mestic servants,  especially  women,  are  sometimes  forced  to  work  12-  or  16-hour 
days,  given  little  time  off,  and  are  subjected  to  verbal  and  physical  abuse. 

The  law  also  prohibits  force  and  bonded  child  labor,  and  the  Gk)vemment  enforces 
this  prohibition  effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  force  and  bonded  child  labor,  and  the  Government  enforces  this  prohibition 
effectively  (see  Section  6.C.).  The  minimum  age  for  employment  is  14  years  of  age. 
Juveniles  between  the  ages  of  14  and  16  may  not  be  employed  in  hazardous  condi- 
tions or  at  night  and  may  not  work  more  than  6  hours  per  day  or  on  a  piecemeal 
basis.  Child  labor  laws  are  effectively  enforced  by  Ministry  of  Labor  inspectors  in 
the  industrial  sector;  child  labor  outside  that  sector  is  less  well  monitored  but  is  not 
believed  to  be  significant  outside  family  operated  businesses. 

e.  Acceptable  Conditions  of  Work. — Minimum  wage  scales,  set  by  government  de- 
cree, exist  for  public  sector  employees  and  generally  afford  a  decent  standard  of  liv- 
ing for  workers  and  their  families.  The  minimum  wage  for  the  public  sector  is 
$278.25  (105  dinars)  a  month.  Wages  in  the  private  sector  are  determined  on  a  con- 
tract basis.  For  foreign  workers,  employers  consider  benefits  such  as  annual  trips 
home  and  housing  and  education  bonuses  as  part  of  the  salary. 

The  Labor  Law,  enforced  by  the  Ministry  of  Labor  and  Social  Affairs,  mandates 
acceptable  conditions  of  work  for  all  adult  workers,  including  adequate  standards 
regarding  hours  of  work  (maximum  48  hours  per  week)  and  occupational  safety  and 
health. 

The  Ministry  enforces  the  law  with  periodic  inspections  and  fines  routinely  im- 

{)osed  on  violators.  The  press  often  performs  an  ombudsman  function  on  labor  prob- 
ems,  reporting  job  disputes  and  the  results  of  labor  cases  brought  before  the  courts. 
Once  a  complaint  has  been  lodged  by  a  worker,  the  Ministry  of  Labor  opens  an  in- 
vestigation and  often  takes  remedial  action.  The  Fourth  High  Court  (Labor)  has  ju- 
risdiction over  cases  involving  alleged  violations  of  the  Labor  Law. 

Complaints  brought  before  the  Ministry  of  Labor  and  Social  Affairs  that  cannot 
be  settled  through  arbitration  must,  by  law,  be  referred  to  the  court  within  15  days. 
In  practice,  most  employers  prefer  to  settle  such  disputes  through  arbitration,  par- 
ticularly since  the  court  and  labor  law  are  generally  considered  to  favor  the  em- 
ployee. Under  the  Labor  Law,  workers  have  the  right  to  remove  themselves  from 
dangerous  work  situations  without  jeopardy  to  their  continued  employment.  In  1993 
the  Government  strengthened  the  Labor  Law  by  Amiri  decree,  announcing  that  sig- 
nificant fines  and  jail  sentences  would  be  imposed  upon  private-sector  employers 
who  fail  to  pay  legal  wages.  This  law  applies  equally  to  employers  of  citizens  and 
foreign  workers  and  is  intended  to  reduce  abuses  against  foreign  workers  who  have 
sometimes  been  denied  legal  salaries  (see  Section  6.c.).  The  law  provides  equal  pro- 
tection to  Bahraini  and  foreign  workers,  but  all  foreign  workers  still  require  spon- 
sorship by  Bahrainis  or  Bahrain-based  institutions  and  companies.  Foreign  woriiers, 
particularly  those  from  developing  countries,  are  often  unwilling  to  repwrt  abuses  for 
fear  of  losing  residence  rights  and  having  to  return  to  their  native  countries.  Spon- 
sors are  able  to  cancel  the  residence  permit  of  any  person  under  their  sponsorship 
and  thereby  block  them  for  1  year  from  obtaining  entry  or  residence  visas  from  an- 
other sponsor,  although  the  sponsor  may  be  subject  to  sanctions  for  wrongful  dismis- 
sal. 

The  Labor  Law  specifically  favors  citizens  over  foreign  workers,  and  Arab  expatri- 
ates over  other  foreign  workers,  in  hiring  and  firing.  Because  employers  include 
housing  and  other  allowances  in  their  salary  scales,  foreign  workers  legally  can  be 
paid  lower  regular  wages  than  their  Bahraini  counterparts,  although  they  some- 
times receive  the  same  or  a  greater  total  compensation  package  because  of  home 
leave  and  holiday  allowances.  Western  foreign  workers  and  Bahraini  workers  are 
paid  comparable  wages,  with  total  compensation  packages  often  significantly  greater 
for  the  former.  Women  are  entitled  to  60  days  oi  paid  maternity  leave  and  nursing 
periods  during  the  day.  However,  women  are  generally  paid  less  than  men. 


EGYPT 


According  to  its  Constitution,  Egypt  is  a  social  democracy  in  which  Islam  is  the 
state  religion.  However,  the  National  Democratic  Party  (NUP),  which  has  governed 
since  its  establishment  in  1978,  has  used  its  entrenched  position  to  dominate  na- 
tional politics,  and  it  maintains  an  overriding  majority  in  the  popularly  elected  Peo- 
Ele's  Assembly  and  the  partially  elected  Snura  (Consultative)  Council.  President 
[osni  Mubarak  was  reelected  unopposed  to  a  third  6-year  term  by  the  People's  As- 


1425 

sembly  in  1993.  The  Cabinet  and  the  country's  26  governors  are  appointed  by  the 
President  and  may  be  dismissed  by  him  at  his  discretion.  The  judiciary  is  independ- 
ent. 

There  are  several  security  services  in  the  Ministry  of  Interior,  two  of  which  are 
primarily  involved  in  combating  terrorism:  The  State  Security  Investigations  Sector 
(SSIS),  which  conducts  investigations  and  interrogates  detainees;  and  the  Central 
Security  Force  (CSF),  which  enforces  curfews  and  bans  on  public  demonstrations, 
and  conducts  paramilitary  operations  against  terrorists.  The  use  of  violence  by  secu- 
rity forces  in  the  campaign  against  suspected  terrorists  appeared  more  limited  than 
in  1996.  The  security  forces  committed  numerous  serious  human  rights  abuses. 

Egypt  is  in  transition  from  a  government-controlled  economy  to  a  free  market  sys- 
tem. The  Gk)vemment  continued  its  privatization  program,  although  key  sectors  of 
the  economy  remain  under  government  control.  Agriculture  remains  the  largest  em- 

()loyer  and  is  almost  entirely  in  private  hands.  The  tourism  sector  generated  the 
argest  amount  of  foreign  currency,  although  earnings  fell  off  sharply  after  terrorists 
massacred  58  foreign  tourists  in  Luxor  in  November.  Petroleum  exports  and  remit- 
tances from  approximately  2  million  Egyptians  working  abroad  are  the  two  other 
principal  sources  of  foreign  currency.  In  tne  past  7  years,  the  Government  has  en- 
acted significant  economic  reforms,  which  have  reduced  the  budget  deficit,  stabilized 
the  exchange  rate,  reduced  inflation  and  interest  rates  significantly,  and  built  up 
substantial  reserves.  The  success  of  the  reform  efforts  has  resulted  in  an  increase 
in  annual  economic  growth  rates  to  5  percent  for  fiscal  year  1996-97.  The  per  capita 
gross  domestic  product  (GDP)  is  about  $1,000  per  year.  Official  statistics  place  34.4 
percent  of  wage  earners  in  the  agricultural  sector,  and  knowledgeable  observers  es- 
timate that  perhaps  3  to  5  percent  of  those  engage  in  subsistence  farming.  The  an- 
nual population  increase  is  2.1  percent.  Adult  literacy  rates  are  63  jjercent  for  males 
and  3^4  percent  for  females. 

The  Government  continued  to  commit  numerous  serious  human  rights  abuses,  al- 
though its  record  improved  somewhat  over  the  previous  year.  The  ruling  NDP  domi- 
nates the  political  scene  to  such  an  extent  that  citizens  do  not  have  a  meaningful 
ability  to  change  their  government.  The  Emergency  Law,  which  has  been  in  enect 
since  1981,  was  renewed  on  February  23  for  another  3  years  and  continues  to  re- 
strict many  basic  rights.  The  security  forces  and  terrorist  groups  continued  to  en- 
gage in  violent  exchanges.  In  fighting  the  terrorists,  the  security  forces  continued 
to  mistreat  and  torture  prisoners,  arbitrarily  arrest  and  detain  persons,  hold  detain- 
ees in  prolonged  pretrial  detention,  and  occasionally  engage  in  mass  arrests.  In  ac- 
tions unrelated  to  the  antiterrorist  campaign,  local  police  abused  criminal  suspects. 
Prison  conditions  are  poor.  During  the  year,  the  Government  arrested  and  detained 
hundreds  of  individuals  for  opposition  to  the  implementation  of  the  Agrarian  Reform 
Law,  which  ended  artificially  low  rents  for  farmland.  The  activities  that  provoked 
government  action  ranged  from  possession  of  documents  about  the  Agrarian  Reform 
Law  to  attacks  on  government-owned  property.  In  civil  unrest  related  to  the  imple- 
mentation of  the  new  law,  an  estimated  28  persons  were  killed  in  ensuing  clashes. 
The  Government  took  disciplinary  action  against  police  officers  accused  of  abusing 
detainees,  but  it  did  not  pursue  most  cases  or  seek  adequate  punishments. 

The  use  of  military  courts  to  try  civilians  continued  to  iniringe  on  a  defendant's 
right  to  a  fair  trial  before  an  independent  judiciary.  The  Government  used  the 
Emergency  Law  to  infringe  on  citizens'  privacy  rights.  Although  citizens  generally 
express  themselves  freely,  the  Government  continued  to  place  some  restrictions  on 
freedom  of  the  press.  State  prosecutors  brought  libel  charges  in  civilian  courts 
against  several  journalists  for  criticizing  corruption  and  abuse  of  authority  among 

fovemment  officials  and  their  fanulies.  The  Government  restricts  freedom  of  assem- 
ly  and  association.  Although  the  Government  does  not  legally  recognize  local 
human  rights  groups,  these  groups  are  allowed  to  operate  openly.  The  Government 
places  limits  on  the  freedom  of  religion. 

Women  and  Christians  face  discrimination  based  on  tradition  and  some  aspects 
of  the  law.  Violence  against  women  is  a  problem.  Terrorist  violence  against  Chris- 
tians is  a  problem.  The  Child  Labor  Law  approved  in  1996  increased  protections  for 
children,  but  child  labor  remains  widespread  despite  the  Government's  efforts  to 
eradicate  it.  Abuse  by  employers  continues,  and  the  Government  does  not  enforce 
the  law  effectively.  The  1996  government  decree  banning  the  practice  of  female  geni- 
tal mutilation  (FGM)  was  challenged  in  the  courts  on  the  grounds  that  the  ban  was 
unconstitutional.  The  Government  ban  was  upheld  by  the  Supreme  Administrative 
Court  on  December  28.  The  Government  limits  worker  rights. 

Terrorist  groups  committed  numerous  serious  abuses.  Terrorist  groups  seeking  to 
overthrow  the  Government  and  establish  a  purportedly  Islamic  state  continued  their 
attacks  on  police,  Coptic  Christians,  and  tourists.  Terrorist  groups  were  responsible 
for  the  majority  of  the  155  civilian  and  police  deaths.  Major  actions  included  a  ter- 


1426 

rorist  attack  in  February  on  youths  who  were  attending  a  church  meeting  in  Abu 
Qurqas  in  upper  (southern)  Egypt;  13  persons  were  killed  and  5  wounded.  In  March 
terrorists  attacked  a  village  in  upper  Egypt,  and  fired  on  a  passing  train,  killing 
14  persons  and  wounding  21  others.  In  September  a  politically-motivated  gunman 
killed  9  tourists  and  1  Egyptian  in  Cairo.  In  October  terrorists  killed  11  police  and 
security  officials,  binding  their  hands  and  feet  prior  to  shooting  them.  In  November 
6  terrorists  attacked  foreign  tourists  at  Hatshepsut's  temple  in  Luxor,  killing  58 
tourists,  2  police,  and  2  Egyptian  civilians  before  being  killed  themselves  when  sur- 
rounded by  police. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings;  however,  extrajudicial  killings  may  nave  occurred  in  certain  antiterrorist 
operations. 

There  were  no  total  figures  for  deaths  in  custody  from  government  or  human 
rights  sources  by  year's  end.  The  press  reported  3  deaths  under  suspicious  cir- 
cumstances in  police  custody.  According  to  these  reports,  Mahmoud  Abdel  Hamid 
Abu  Al  Ela'a  died  in  February  following  his  detention  at  Boulaq  Al  Dakrour  police 
station  in  Giza;  Bekheet  Abdel  Rahman  Salem  died  in  March  at  Fayoum  prison;  and 
Kamel  Mohammed  Zayed  died  in  March  at  Wadi  Natroun  prison.  Human  rights 
groups  are  investigating  the  deaths  to  determine  whether  they  involved  medical 
negligence.  In  October  the  Human  Rights  Center  for  the  Assistance  of  Prisoners  is- 
sued a  report  describing  the  deaths  of  seven  prisoners  detained  in  Al-Wadi  Al-Jadid 
prison  between  1994  and  1996.  Other  human  rights  groups  continue  to  investigate 
outstanding  cases,  including  13  prison  deaths  related  to  medical  negligence  (see  Sec- 
tion I.e.). 

In  antiterrorist  campaigns,  security  forces  killed  41  suspected  terrorists;  there 
were  no  reports  of  excessive  use  of  lethal  force.  No  suspects  died  while  attempting 
to  escape  arrest.  There  were  no  reports  of  killings  of  relatives  of  suspected  extrem- 
ists by  security  forces  in  apparent  vendettas. 

The  case  against  a  policeman  charged  with  torture  and  use  of  excessive  force  in 
the  1994  death  of  a  detainee  remained  pending  (see  Section  I.e.). 

In  civil  unrest  related  to  the  implementation  of  the  Agrarian  Reform  Law,  an  esti- 
mated 28  persons  were  killed  in  ensuing  clashes  (see  Section  l.d.). 

Terrorist  groups  were  responsible  for  the  majority  of  the  deaths  in  civil  unrest. 
They  killed  155  persons,  compared  with  132  in  1996.  This  total  included  41  police 
and  security  officers  and  114  civilians  (which  includes  foreign  tourists). 

On  March  13,  a  group  of  armed  terrorists  emerged  from  the  sugar  cane  fields  near 
the  village  of  Bahgoura  and  indiscriminately  fired  on  the  residents,  killing  13  per- 
sons and  wounding  15  others.  Nine  of  the  dead  were  Coptic  Christians.  Apparently 
while  fleeing  the  Bahgoura  massacre,  the  group  fired  bursts  of  automatic  fire  at  the 
Luxor-Cairo  train,  killing  one  female  passenger  and  wounding  six  other  passengers 
slightly.  On  September  18,  two  men  attacked  and  killed  nine  German  tourists  and 
their  Egyptian  driver  outsides  Cairo's  Egyptian  Museum.  On  October  13,  terrorists 
in  the  province  of  Al-Minya  setup  a  roadblock,  stopped  vehicles  in  a  search  for  secu- 
rity officers,  and  captured  and  killed  11  policemen  and  one  government  employee. 
One  civilian  was  wounded  in  these  shootings.  On  October  29,  a  military  court  sen- 
tenced to  death  the  two  perpetrators  of  the  September  18  attack.  In  addition,  six 
other  defendants  were  sentenced  to  prison  terms  varying  in  length  from  1  to  10 
years  for  supplying  a  weapon  and  ammunitions.  One  other  defendant  was  acquitted. 
On  November  17,  six  terrorists  attacked  foreign  tourists  at  the  site  of  Hatshepsut's 
temple  in  Luxor.  They  killed  58  tourists,  2  Egyptian  civilians,  and  2  policemen  be- 
fore they  were  killed  by  police. 

Terrorist  attacks  directed  specifically  against  Christians  continued,  resulting  in 
the  death  of  at  least  23  persons,  including  a  group  of  13  people  in  Abu  Qurqas  in 
February.  Terrorist  entered  a  church  during  a  youth  prayer  meeting,  shot  and  killed 
some  participants,  and  attacked  other  villagers  later.  Thirteen  persons  were  killed 
and  5  wounded.  Terrorists  also  attacked  churches  and  other  properties  owned  by 
Christians. 

In  September  a  military  court  sentenced  defendants  charged  with  killing  a  senior 
state  security  officer  in  1995  (see  Section  I.e.). 

In  January  four  Muslim  militants  were  convicted  on  charges  relating  to  attacks 
in  1993  and  1994.  One  of  the  four,  Ali  Mohammed  Farahat,  was  convicted  for  gre- 
nade attacks  on  two  Cairo  movie  theaters  that  a  police  guard  killed  and  wounded 
six  civilians,  and  for  an  attack  on  a  tourist  bus  that  wounded  eight  Austrians  and 


1427 

eight  Egyptians.  All  four  were  convicted  of  plotting  to  kill  senior  state  officials  and 
tourists.  The  four  were  sentenced  to  death;  the  sentence  was  carried  out  in  October. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

The  Human  Rights  Center  for  the  Assistance  of  Prisoners  issued  a  report  describ- 
ing the  cases  of  11  individuals  who  disappeared  during  the  period  between  1992  and 
1996.  The  Egypt  Organization  of  Human  Rights  (EOHR)  continues  to  investigate 
eight  other  disappearances.  The  Government  has  not  responded  to  queries  irom 
human  rights  monitors  regarding  these  outstanding  cases. 

The  case  of  Marwa  Al  Sayeed  Metwalli  Hafez,  who  was  reported  to  have  dis- 
appeared in  1995,  was  resolved.  She  had  eloped  and  been  out  of  contact  with  her 
family. 

There  were  credible  reports  that  former  Libyan  Foreign  Minister  Mansur  Kikhiya, 
who  disappeared  from  Cfairo  in  1993,  had  been  kidnaped  by  Libyan  agents,  taken 
to  Libya,  and  executed  there  in  early  1994.  Possible  involvement  by  Egyptian  gov- 
ernment officials  remains  under  investigation. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  the  infliction  of  "physical  or  moral  harm"  upon  persons 
who  have  been  arrested  or  detained.  However,  abuse  and  torture  of  detainees  by  po- 
lice, security  personnel,  and  prison  guards  is  common. 

Under  the  Penal  Code,  torture  of  a  defendant  or  orders  to  torture  are  felonies 
punishable  by  temporary  hard  labor  or  3  to  10  years'  imprisonment.  If  the  defendant 
dies,  the  crime  is  one  of  intentional  murder  punishable  by  a  life  sentence  at  hard 
labor.  Arrest  without  due  cause,  threatening  d!eath,  or  using  physical  torture  is  pun- 
ishable by  temporary  hard  labor.  The  use  of  cruelty  against  people  by  relying  on 
one's  position  is  punishable  by  imprisonment  of  no  more  than  1  year  or  a  fine  of 
no  more  than  $65.  Victims  may  bring  a  criminal  or  civil  action  for  compensation 
against  the  responsible  government  agency.  There  is  no  statute  of  limitations  in 
such  cases. 

Despite  these  legal  safeguards,  there  were  numerous  credible  reports,  including 
statements  by  government  officials,  that  security  forces  mistreated  and  tortured  citi- 
zens. Reports  of  mistreatment  and  torture  at  police  stations  remain  frequent. 

In  an  interview  published  in  April,  the  Minister  of  Interior  stated  that  he  had 
placed  128  police  omcers  "on  reserve,"  a  step  that  precedes  dismissal,  for  abuses  in- 
volving excessive  use  of  force.  He  also  stated  that  12  police  officers  had  been  re- 
ferred to  criminal  courts  and  44  to  disciplinary  courts  for  crimes  of  torture.  He  said 
that  "many"  officers  had  been  convicted  of  torture  and  are  serving  prison  sentences. 
The  EOHR  reported  that  three  police  officers  and  six  policemen  accused  of  torture 
in  1993  were  acquitted  in  June. 

While  the  Government  has  investigated  torture  complaints  in  criminal  cases  and 
punished  some  oflending  officers,  the  punishments  are  not  in  line  with  the  serious- 
ness of  the  offense.  However,  government  officials  have  stated  that  administrative 
punishments  can  be  severe  enough  to  prevent  further  career  advancement,  and  that 
some  police  officers  have  opted  to  face  criminal  charges  instead.  The  Government 
has  said  that  it  will  not  disclose  further  details  of  individual  cases  of  police  abuse 
for  fear  of  harming  the  morale  of  law  enforcement  officers  involved  in 
counterterrorism  operations. 

Human  rights  groups  believe  that  the  SSIS  continues  its  practices.  Torture  takes 
place  in  SSIS  offices,  including  its  headquarters  in  Cairo,  and  at  Central  Security 
Force  camps.  Torture  victims  usually  are  taken  to  an  SSIS  ofiice  where  they  are 
handcufTed,  blindfolded,  and  questioned  about  their  associations,  religious  beliefs, 
and  political  views.  Torture  is  used  to  extract  information,  coerce  the  victims  to  end 
their  antigovernment  activities,  and  deter  others  from  such  activities. 

Egyptian  human  rights  groups  and  victims  reported  a  number  of  torture  methods. 
Detainees  are  frequently  stripped;  hung  by  their  wrists  with  their  feet  touching  the 
floor  or  forced  to  stand  for  prolonged  periods;  doused  with  hot  or  cold  water;  beaten; 
forced  to  stand  outdoors  in  cold  weather;  and  subjected  to  electrical  shocks.  Some 
victims,  including  female  detainees,  report  they  have  been  threatened  with  rape. 

While  the  law  requires  security  authorities  to  keep  written  records  of  detained 
citizens,  human  rights  groups  report  that  such  records  often  are  not  available,  not 
found,  or  the  police  deny  any  knowledge  of  the  detainee  when  they  inquire  about 
specific  cases,  effectively  blocking  the  investigation  of  torture  complaints. 

The  EOHR  issued  a  report  in  March  presenting  57  cases  of  torture  of  "ordinary 
citizens"  in  police  stations.  The  report  states  that  torture  is  also  used  against  the 
relatives  of  detainees.  The  Center  for  Human  Rights  Legal  Aid  (CHRLA)  reported 
that  five  political  activists — Hamdeen  Sabahy,  Mohammed  Abdu,  Mohammed  As- 
sayed Sulayman,  Mohammed  Bayyoumi,  and  Hamdy  Heikal — were  tortured  in  June 
at  the  prison  known  as  the  "Scorpion,"  part  of  the  Tora  prison  complex.  The  men 
were  arrested  for  nonviolent  opposition  to  the  Agrarian  Reform  Bill  (see  Section 


1428 

l.d.).  The  CHRLA  also  reported  the  torture  of  Khaled  Hagag  Sayeed  in  May  at  Al 
Wayli  police  station  in  Cairo  after  he  was  arrested  for  suspected  car  theft. 

&curity  forces  used  tear  gas  and  physical  force  to  break  up  a  strike  in  June  at 
Zagazig  University  (see  Section  6. a.).  Two  cases  of  torture  from  previous  years,  the 
1994  charge  of  torture  by  a  policeman  in  the  case  of  Fateh  Al-Bab  Abdel  Moneim, 
and  the  1995  charge  of  torture  by  police  in  the  case  of  Famal  El-Shazly,  remain 
under  investigation. 

Prison  conditions  remain  poor.  Government  authorities  reported  the  renovation  or 
construction  of  14  prisons  during  the  past  4  years.  Nonetheless,  human  rights 
groups  report  that  overcrowding  and  unhealthy  conditions  continue.  Cells  reportedly 
are  poorly  ventilated,  food  is  inadequate  in  quantity  and  nutritional  value,  and  med,- 
ical  services  were  not  always  available.  The  use  of  torture  and  mistreatment  contin- 
ues to  be  common,  and  relatives  of  prisoners  and  their  lawyers  are  often  unable  to 
obtain  access  to  prisons  for  visits.  The  Human  Rights  Center  for  the  Assistance  of 
Prisoners  issued  a  report  in  October  on  conditions  in  the  Al-Wadi  Al-Jadid  prison, 
including  61  case  studies  of  prisoners  who  are  suffering  from  inhuman  conditions, 
including  inadequate  medical  treatment.  Health  conditions  in  the  Al-Wadi  Al-Jadid 
prison  and  in  the  maximum  security  prison,  the  "Scorpion,"  part  of  the  Tora  prison 
complex,  reportedly  included  widespread  tuberculosis  among  the  inmates.  Human 
rights  groups  are  investigating  13  prison  deaths  related  to  medical  negligence. 

On  July  15,  an  administrative  court  issued  a  ruling  canceling  a  decree  by  the 
Minister  of  Interior  that  prohibits  visits  of  both  family  and  lawyers  to  the  Fayoum 
and  Tora  prisons.  The  Interior  Minister  is  contesting  this  judgment.  Since  1994 
there  have  been  six  court  orders  directing  the  Interior  Ministry  to  open  these  pris- 
ons for  visits.  Human  rights  groups  report,  however,  that  visits  have  been  refused 
at  several  prisons.  At  others,  restrictions  have  been  placed  on  visits  to  prisoners  in- 
carcerated for  political  or  terrorist  crimes,  limiting  the  number  of  visits  allowed  each 
prisoner,  and  the  total  number  of  visitors  allowed  in  the  prison  at  any  one  time. 

In  principle,  human  rights  monitors  are  allowed  to  visit  prisoners  in  their  capacity 
as  legal  counsel,  but  in  practice  they  often  face  considerable  bureaucratic  obstacles 
that  prevent  them  from  meeting  with  prisoners. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — As  part  of  the  Government's  antiterrorist 
campaign,  security  forces  have  conducted  mass  arrests  and  detained  hundreds  of  in- 
diviauals  without  charge  after  specific  terrorist  incidents.  While  terrorist  groups 
stated  that  more  than  1,000  persons  were  arrested,  there  are  no  confirmed  reports 
of  such  claims.  Under  the  provisions  of  the  Emergency  Law,  which  has  been  in  ef- 
fect since  1981,  the  police  may  obtain  an  arrest  warrant  from  the  Ministry  of  Inte- 
rior upon  showing  that  an  individual  poses  a  danger  to  security  and  public  order. 
This  procedure  nullifies  the  constitutional  requirement  of  obtaining  a  warrant  from 
a  judge  or  prosecutor  upon  showing  that  an  individual  has  likely  committed  a  spe- 
cific crime. 

The  Emergency  Law  allows  authorities  to  detain  an  individual  without  charge. 
After  30  days,  a  detainee  has  the  right  to  demand  a  court  hearing  to  challenge  the 
legality  of  the  detention  order  and  may  resubmit  his  motion  for  a  hearing  at  1- 
month  intervals  thereafter.  There  is  no  maximum  limit  to  the  length  of  detention 
if  the  judge  continues  to  uphold  the  legality  of  the  detention  order,  or  if  the  detainee 
fails  to  exercise  his  right  to  a  hearing. 

In  addition  to  the  Emergency  Law,  the  Penal  Code  also  gives  the  State  wide  de- 
tention powers.  Under  the  Penal  Code,  prosecutors  must  bring  charges  within  48 
hours  or  release  the  suspect.  However,  tney  may  detain  a  suspect  for  a  maximum 
of  6  months,  pending  investigation.  Arrests  under  the  Penal  Code  occur  openly  and 
with  warrants  issued  by  a  district  prosecutor  or  judge.  There  is  a  system  of  bail. 
The  Penal  Code  contains  several  provisions  to  combat  extremist  violence.  These  pro- 
visions broadly  define  terrorism  to  include  the  acts  of  "spreading  panic"  and  "ob- 
structing the  work  of  authorities." 

During  the  year  the  Government  arrested  and  detained  hundreds  of  people  under 
the  Penal  Code  for  opposition  to  implementation  of  the  Agrarian  Reform  Bill.  One 
local  human  rights  group  claimed  that  up  to  1,000  persons  had  been  arrested.  Ac- 
tivities by  the  detainees  included  photocopying  statements  opposing  the  law,  distrib- 
uting leafiets  opposing  the  law,  meeting  to  discuss  concerns  about  the  law,  and  ef- 
forts to  collect  signatures  and  to  organize  demonstrations  opposing  the  law.  Some 
detainees  were  involved  in  demonstrations  that  included  attacks  on  government- 
owned  property.  The  majority  of  detainees  were  released  after  a  short  period  of  de- 
tention. However,  some  200  individuals  remained  in  detention  at  year's  end.  Dr. 
Ahmed  Al  Ahwany,  a  professor  of  nuclear  energy  at  Cairo  University,  was  detained 
on  April  24  for  possessing  papers  opposing  the  law.  He  was  released  on  May  21 
after  paying  a  fine  of  $58.82  (200  Egyptian  pounds.)  Five  opponents— Hamdeen 
Sabahy,  Monammed  Abdu,  MohammeaTAssayed  Sulayman,  Mohammed  Bayyoumi, 


1429 

and  Hamdy  Heikal — were  detained  for  3  months  at  the  Tora  prison  complex  without 
trial  and  then  released  1  week  prior  to  the  bill's  implementation  on  October  6.  They 
were  charged  with  possessing  documents  that  opposed  the  law  and  thereby  encour- 
aged unrest. 

In  January  state  security  forces  arrested  some  80  young  people  devoted  to  heavy 
metal  rock  music  and  its  trappings;  all  were  released  without  charge  in  about  2 
weeks  (see  Section  2.a.).  Human  rights  groups  reported  that  hundreds,  and  accord- 
ing to  one  report,  thousands,  of  people  detained  under  the  Emergency  Law  have 
been  incarcerated  for  several  years  without  charge.  The  courts  have  ordered  the  re- 
lease of  several  of  these  detainees,  but  prison  omcials  have  reportedly  ignored  the 
orders.  Frequently,  the  Ministry  of  Interior  reissues  detention  orders,  sending  de- 
tainees back  to  prison. 

On  August  9,  security  forces  and  police  in  Alexandria  arrested  33  alleged  mem- 
bers of  the  Muslim  Brotherhood  (an  Islamist  opposition  organization).  The  charges 
included  organizing  a  training  camp  for  instruction  on  how  to  infiltrate  the  student 
body  of  Alexandria  University,  possessing  illegal  leaflets,  and  membership  in  an  ille- 
gal organization.  More  than  half  were  later  released  while  the  remainder  are  still 
in  detention.  On  September  23,  security  forces  and  police  in  Alexandria  arrested  60 
alleged  members  of  the  Muslim  Brotherhood  and  released  them  2  days  later. 

Neither  the  Government  nor  human  rights  groups  were  able  to  provide  firm  fig- 
ures for  the  total  prison  population.  One  human  rights  group  cited  a  government 
figure  of  12,0(X)  registered  and  serving  sentences,  but  provided  a  rough  estimate  of 
32,000  for  the  total  prison  population,  including  those  being  held  pending  sentenc- 

The  (jovemment  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  independent;  however,  cases  in- 
volving national  security  or  terrorism  may  be  handled  by  military  or  Emergency 
State  Security  courts,  where  constitutional  protections  may  not  be  observed.  The 
Constitution  provides  for  the  independence  and  immunity  of  judges  and  forbids  in- 
terference by  other  authorities  in  the  exercise  of  their  judicial  functions.  The  Presi- 
dent appoints  all  judges  upon  recommendation  of  the  Higher  Judicial  Council,  a  con- 
stitutional body  cornposed  of  senior  judges,  and  chaired  by  the  President  of  the 
Court  of  Cassation.  The  Council  regulates  judicial  promotions  and  transfers.  In  the 
last  few  years,  the  Government  has  added  lectures  on  human  rights  and  other  social 
issues  to  its  training  courses  for  prosecutors  and  judges. 

There  are  three  levels  of  regular  criminal  courts:  primary  courts,  appeals  courts, 
and  the  Court  of  Cassation,  the  final  stage  of  criminal  appeal.  The  iudicial  system 
is  based  on  the  Napoleonic  tradition;  hence,  there  are  no  juries.  Misdemeanors  that 
are  punishable  by  imprisonment  are  heard  at  the  first  level  by  one  judge;  at  the 
second  level  by  three  judges.  Felonies  that  are  punishable  by  imprisonment  or  exe- 
cution are  heard  in  criminal  court  by  three  judges.  Contestations  of  rulings  are 
heard  by  the  Court  of  Cassation.  A  lawyer  is  appointed  at  the  court's  expense  if  the 
defendant  does  not  have  one.  The  appointment  of  lawyers  is  based  on  a  roster  cho- 
sen by  the  Bar  Association;  however,  expenses  are  incurred  by  the  State.  Any  denial 
of  this  right  is  cause  for  contestation  of  the  ruling.  However,  detainees  in  certain 
high  security  prisons  alleged  that  they  were  denied  access  to  counsel  or  that  such 
access  was  delayed  until  trial,  thus  denying  counsel  the  time  to  prepare  an  adequate 
defense. 

Defense  lawyers  generally  agree  that  the  regular  judiciary  respects  the  rights  of 
the  accused  and  exercises  its  independence.  In  the  past,  criminal  court  judges  have 
dismissed  cases  where  confessions  were  obtained  by  coercion.  However,  while  the  ju- 
diciary generally  is  credited  with  conducting  fair  trials,  under  the  Emergency  Law, 
cases  involving  terrorism  and  national  security  may  be  tried  in  military  or  State  Se- 
curity Emergency  courts,  in  which  the  accused  do  not  receive  all  the  constitutional 
protections  of  the  civilian  judicial  system. 

In  the  past,  human  rights  groups  and  defense  lawyers  have  claimed  that  the  Gov- 
ernment intimidated  lawyers  representing  terrorist  suspects  by  detaining  and  ques- 
tioning them  on  the  activities  of  their  clients.  There  were  no  such  reports  during 
the  year. 

In  1992,  following  a  rise  in  extremist  violence,  the  Government  began  trying  cases 
of  persons  accused  of  terrorism  and  membership  in  terrorist  groups  before  military 
tribunals.  In  1993  the  Supreme  Constitutional  Court  ruled  that  the  President  may 
invoke  the  Emergency  Law  to  refer  any  crime  to  a  military  court.  This  use  of  mili- 
tary and  State  ^curity  Emergency  court  under  the  Emergency  Law  has  deprived 
hundreds  of  civilian  defendants  of  their  constitutional  right  to  be  tried  by  an  ordi- 
nary judge. 

The  Government  defends  the  use  of  military  courts  as  necessary  in  terrorism 
cases,  maintaining  that  trials  in  the  civilian  courts  are  protracted  and  that  civilian 


1430 

iudges  and  their  families  are  vulnerable  to  terrorist  threats.  Some  civilian  judges 
nave  confirmed  their  fear  of  trying  high  visibility  terrorism  cases  because  of  possible 
reprisal.  The  Government  claims  that  civilian  defendants  receive  fair  trials  in  the 
military  courts  and  enjoy  the  same  rights  as  defendants  in  civilian  courts. 

However,  the  military  courts  do  not  ensure  civilian  defendants  due  process  before 
an  independent  tribunal.  While  military  judges  are  lawyers,  they  are  also  military 
officers  appointed  by  the  Minister  of  Defense  and  subject  to  military  discipline.  TTiey 
are  not  as  independent  or  as  qualified  as  civilian  judges  in  applying  the  civilian 
Penal  Code.  There  is  no  appellate  process  for  verdicts  issued  by  military  courts;  in- 
stead, verdicts  are  subject  to  a  review  by  other  military  judges  and  confirmed  by 
the  President,  who  in  practice  usually  delegates  the  review  function  to  a  senior  mili- 
tary officer.  Defense  attorneys  have  complained  that  they  have  not  been  given  suffi- 
cient time  to  prepare  defenses  and  that  judges  tend  to  rush  cases  with  many  defend- 
ants. 

During  the  year,  the  Government  referred  280  civilian  defendants  to  the  military 
courts  in  6  separate  cases.  In  January,  19  defendants  accused  of  the  1994  bombing 
of  the  Magda  theater  were  brought  to  trial  before  a  military  court.  The  court  acquit- 
ted 2,  sentenced  4  to  death,  and  sentenced  13  to  prison  terms  of  various  lengths 
(see  Section  l.a.).  In  July  a  military  court  sentenced  Ramzy  Al  Muwafy  to  31  years' 
imprisonment  for  belonging  to  a  terrorist  group,  for  having  links  with  terrorist 
groups  in  Afghanistan  and  Pakistan,  for  forging  documents,  and  for  providing  ter- 
rorist groups  in  Egypt  with  information  that  assisted  them  in  perpetrating  their  ter- 
rorist activities.  In  September  a  military  court  handed  down  sentences  in  the  case 
of  98  defendants  accused  of  bombing  9  banks  and  killing  a  senior  state  security  offi- 
cer in  1995.  The  court  acquitted  25  and  sentenced  4  to  death,  8  to  life  imprisonment, 
and  60  to  hard  labor  or  prison  terms  of  various  lengths.  The  court  dropped  charges 
against  one  defendant  who  died  during  the  trial. 

On  October  15,  a  military  court  handed  down  sentences  in  the  case  involving  84 
defendants  accused  in  1995  of  planning  to  revive  the  activities  of  the  "Jihad"  terror- 
ist group,  including  plans  to  bomb  tourist  areas.  The  court  acquitted  31  persons  and 
sentenced  3  to  death,  2  to  life  imprisonment,  and  51  to  prison  terms  varying  in 
length  from  2  to  15  years.  In  October  a  military  court  sentenced  eight  defendants 
ana  acquitted  one  in  connection  with  the  September  18  attack  on  German  tourists 
(see  Section  l.a.). 

The  State  Security  Emei^ency  Courts  share  jurisdiction  with  military  courts  over 
crimes  affecting  national  security.  The  President  appoints  judges  to  these  courts 
from  the  civilian  judiciary  upon  tne  recommendation  of  the  Minister  of  Justice  and, 
if  he  chooses  to  appoint  military  judges,  the  Minister  of  Defense.  Sentences  are  sub- 
ject to  confirmation  by  the  President  but  cannot  be  appealed.  The  President  may 
alter  or  annul  a  decision  of  a  State  Security  Emergency  Court,  including  a  decision 
to  release  a  defendant. 

During  the  year,  8  cases  were  referred  to  State  Security  Emergency  Courts  involv- 
ing 123  defendants  charged  with  terrorist  acts. 

There  are  no  reliable  statistics  on  the  number  of  political  prisoners,  but  observers 
estimate  that  the  total  may  be  in  the  thousands. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — Under 
the  Constitution,  homes,  correspondence,  telephone  calls,  and  other  means  of  com- 
munication "shall  have  their  own  sanctity,  and  their  secrecy  shall  be  guaranteed." 
Police  must  obtain  warrants  before  undertaking  searches  and  wiretaps.  Courts  have 
dismissed  cases  in  which  warrants  were  issued  without  sufficient  cause.  Police  offi- 
cers who  conduct  searches  without  proper  warrants  are  subject  to  criminal  pen- 
alties, although  these  are  seldom  imposed. 

However,  the  Emergency  Law  has  abridged  the  constitutional  provisions  regard- 
ing the  ri^t  to  privacy.  The  Emergency  Law  empowers  the  Government  to  place 
wiretaps,  intercept  mail,  and  search  persons  or  places  without  warrants.  Security 
agencies  frequently  place  political  activists,  suspected  subversives,  journalists,  for- 
eigners, and  writers  under  surveillance,  screen  their  correspondence  (especially 
international  mail),  search  them  and  their  homes,  and  confiscate  personal  property. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  the  press.  However,  the  Government  continued  to  place  some  limitations  on 
these  rights.  Citizens  openly  speak  their  views  on  a  wide  range  of  political  and  so- 
cial issues,  including  vigorous  criticism  of  the  Government. 

The  Government  owns  stock  in  the  three  largest  daily  newspapers,  and  the  Presi- 
dent appoints  their  editors-in-chief.  However,  although  these  newspapers  generally 
follow  the  government  line,  they  frequently  criticize  government  policies.  The  Gov- 
ernment also  enjoys  a  monopoly  on  the  printing  and  distribution  of  newspapers,  in- 


1431 

eluding  the  opposition  parties'  papers.  The  Gk)vemment  has  been  known  to  use  its 
monopolistic  control  of  newsprint  to  limit  the  output  of  opposition  publications. 

Opposition  political  parties  publish  their  own  newspapers  but  receive  a  subsidy 
from  the  Government  and,  in  some  cases,  subsidies  from  foreign  interests  as  well. 
Most  are  weeklies,  with  the  exception  of  the  daily  Al  Wafd,  the  daily  Al-Ahrar,  and 
Al-Shaab,  the  semiweekly  of  the  Islamist-oriented  Socialist  Labor  Party.  All  have 
small  circulations.  Opposition  newspapers  frequently  publish  criticism  of  the  Gov- 
ernment, inspiring  rejoinders  from  the  g  vemment-owned  press.  They  also  give 
greater  prominence  to  human  rights  abuses  than  the  state-run  newspapers.  All 
party  newspapers  are  required  by  Taw  to  reflect  the  platform  of  their  party. 

The  Press  Law,  the  Publications  Law,  and  the  Penal  Code  govern  press  issues. 
The  laws  stipulate  fines  or  imprisonment  for  criticism  of  the  President,  members  of 
the  Government,  and  foreign  heads  of  state.  The  Constitution  restricts  ownership 
of  newspapers  to  public  or  private  legal  entities,  corporate  bodies,  and  political  par- 
ties. However,  there  are  numerous  restrictions  on  legal  entities  that  wish  to  estab- 
lish their  own  newspapers.  Following  implementation  of  the  Press  Law  in  1996,  the 
Government  issued  licenses  for  four  new  newspapers.  Newspapers  published  outside 
Eg/pt  can  be  distributed  with  government  permission. 

Xioel  laws  provide  protection  against  malicious  rumor-mongering  and  unsubstan- 
tiated reporting.  Financial  penalties  increased  substantially  in  1996  when  relevant 
provisions  of  the  Penal  Code  were  revised.  However,  the  judicial  process  remains 
long  and  costly,  creating  a  bar  to  realistic  legal  recourse  for  those  wrongly  defamed. 
In  recent  years,  opposition  party  newspapers  have,  within  limits,  published  articles 
critical  of  the  President  and  foreign  heads  of  state  without  being  charged  or  har- 
assed. Most  libel  cases  are  brought  by  the  Government,  usually  involving  rumors 
or  charges  of  corruption  against  members  of  the  families  of  government  oflicials.  On 
several  occasions  in  1996,  the  public  prosecutor  interrogated  editors  and  journalists 
for  publishing  allegations  of  omcial  misconduct  and  corruption.  In  one  instance  the 
Government  confiscated  an  issue  of  the  newspaper,  Sawt  Al  Umma  which  contained 
an  article  critical  of  the  Information  Minister. 

In  1996  the  People's  Assembly  approved  a  revised  Press  Law,  following  criticism 
of  a  more  restrictive  revision  that  had  been  approved  in  1995.  In  related  action,  the 
People's  Assembly  also  revised  certain  articles  in  the  Penal  Code  pertaining  to  libel 
and  slander.  In  addition,  in  February  the  Supreme  Constitutional  Court  declared 
unconstitutional  Article  195  of  the  Penal  Code  under  which  an  editor-in-chief  could 
have  been  considered  criminally  responsible  for  libel  contained  in  any  portion  of  the 
newspaper.  The  Court  ruled  tnat  tne  correct  standard  of  respxjnsibility  should  be 
"negligence."  This  lesser  standard  was  subsequently  applied  by  the  courts  in  sepa- 
rate cases. 

During  the  year,  family  members  of  senior  government  officials  sued  for  libel  in 
two  high-profile  cases.  In  July  an  appeals  court  upheld  an  earlier  conviction  of 
Magdy  Ahmad  Hussein,  editor  of  the  Islamic  fundamentalist  newspaper,  Al  Shaab, 
for  libeling  Ala'a  Alfi,  a  son  of  Interior  Minister  Hassan  Alfi.  This  conviction  in- 
volved a  3-year  sentence  and  a  fine  of  $4,411.76  (15,000  Egyptian  pounds).  Hussein 
has  appealed  to  the  Court  of  Cassation.  Separately,  other  members  of  the  Alfi  family 
also  sued  Hussein  and  fellow  Al  Shaab  journalist  Mohammed  Hillal  for  libel.  In  Jan- 
uary a  misdemeanor  court  combined  the  cases  and  sentenced  the  two  men  to  a  sus- 
pended sentence  of  1  year.  Hussein  and  Hillal  are  appealing  this  ruling. 

On  September  13,  a  misdemeanor  court  convicted  six  journalists  from  the  I^ndon- 
based  newspaper  Al-Sharq  al-Awsat  for  libel  of  President  Mubarak's  sons,  Gamal 
and  Alaa.  On  December  10,  an  appellate  court  judge  dismissed  this  judgment  after 
Mubarak's  sons  dropped  the  charges  following  an  out-of-court  settlement  in  which 
the  newspaper  agreed  to  reopen  its  Cairo  ofiice  and  rehire  its  Egyptian  employees. 

Government  officials  also  filed  suit  against  16  journalists  in  6  cases  during  the 
year. 

On  occasion,  based  on  authority  granted  to  him  by  law,  the  public  prosecutor  may 
issue  a  temporary  ban  on  the  publication  of  news  pertaining  to  cases  involving  na- 
tional security  and  order  so  as  to  protect  the  confidentiality  of  the  cases.  During  the 
year,  the  public  prosecutor  banned  publication  of  news  in  at  least  four  instances, 
including  reporting  on  the  Interior  Minister's  libel  suit  against  Al  Shaab  editor  Hus- 
sein and  the  September  18  attack  on  tourists  visiting  the  Egyptian  museum.  The 
length  of  the  ban  is  based  on  the  length  of  time  required  for  the  prosecution  to  pre- 
pare its  case. 

Various  ministries  are  legally  authorized  to  ban  or  confiscate  books  and  other 
works  of  art,  upon  obtaining  a  court  order.  The  Islamic  Research  Center  at  Al  Azhar 
University  has  legal  authority  to  censor,  but  not  to  confiscate,  all  publications  deal- 
ing with  the  Koran  and  Islamic  scriptural  texts.  In  recent  years  the  Center  has 
passed  judgment  on  the  suitability  oi  nonreligious  books  ana  artistic  productions. 


1432 

In  January  1995,  an  administrative  court  ruled  that  the  sole  authority  to  prohibit 
publication  or  distribution  of  books  and  other  works  of  art  resides  with  the  Ministry 
of  Culture.  This  decision  voided  a  1994  advisory  opinion  by  a  judiciary  council  that 
had  expanded  Al-Azhar's  censorship  authority  to  include  visual  and  audio  artistic 
works.  The  same  year.  President  Mubarak  stated  that  the  Government  would  not 
allow  confiscation  of  books  from  the  market  without  a  court  order,  a  position  sup- 
ported by  the  then-Grand  Mufti,  who  is  now  the  Grand  Imam  of  Al  Azhar. 

There  were  no  court-ordered  confiscations  during  the  year.  However,  one  book 
written  by  Islamist  thinker  Sayyed  Al  Qimny  was  seized  by  police  on  August  16 
without  a  court  order,  after  omcials  at  the  Islamic  Research  Center  at  Al  Azhar 
ruled  that  it  should  be  banned  for  violating  religious  laws  and  norms.  On  September 
15,  a  court  ruled  in  favor  of  lifting  the  confiscation  and  releasing  all  copies  of  the 
book,  "The  God  of  Time." 

On  May  25,  an  appeals  court  upheld  a  previous  decision  by  a  lower  court  to  sen- 
tence author  Ala'a  Hamed  to  1  year  in  prison  and  a  fine  of  $58.82  (200  Egyptian 
pounds)  for  the  pornographic  content  of  his  book,  "The  Bed."  Hamed  appealed  to  the 
Court  of  Cassation;  on  August  3,  an  appeals  court  suspended  implementation  of  his 
sentence  and  released  him  from  jail  pending  a  final  ruling. 

The  Ministry  of  Interior  regularly  confiscates  leaflets  and  other  works  by  Muslim 
fundamentalists.  It  also  has  the  authority,  which  it  exercises  sporadically,  to  stop 
specific  issues  of  foreign-published  newspapers  from  entering  the  country  on  the 
grounds  of  protecting  public  order.  The  Ministry  of  Defense  may  ban  works  about 
sensitive  security  issues. 

The  Council  of  Ministers  may  order  the  banning  of  works  that  it  deems  offensive 
to  public  morals,  detrimental  to  religion,  or  likely  to  cause  a  breach  of  the  peace. 

Plays  and  films  must  pass  Ministry  of  Culture  censorship  tests  as  scripts  and  as 
final  productions.  Many  plaj^  and  films,  highly  critical  of  the  Government  and  its 
policies,  are  not  censored.  The  Ministry  oi  Culture  also  censors  foreign  films  for 
viewing  in  theaters,  but  it  is  more  lenient  when  the  same  films  are  released  in  video 
cassette  format.  Government  censors  ensure  that  foreign  films  made  in  Egypt  por- 
tray Egypt  in  a  favorable  light.  Censors  review  scripts  before  filming,  are  present 
during  filming,  and  have  the  right  to  review  the  film  before  it  is  sent  out  oiE^'pt. 

On  August  3,  a  court  dismissed  all  lawsuits  filed  against  the  film,  "The  Emi- 
grant," ending  a  2-year  legal  battle.  Still  pending  before  an  appeals  court  is  the  case 
against  the  film,  "Birds  of  Darkness."  Tne  plaintiffs  charge  that  it  is  insulting  to 
lawyers.  Two  related  cases  against  the  movie  were  dropped  during  the  year.  On 
March  21,  a  court  rejected  an  attempt  to  ban  the  distribution  of  the  film,  "Sleeping 
in  Honey."  A  group  of  lawyers  filed  suit  against  film  director  Youssef  Chahine  on 
May  21,  charging  him  with  neglecting  to  obtain  the  approval  of  Al  Azhar's  Islamic 
Research  Center  prior  to  distribution  of  his  film,  "Destiny."  On  May  19,  an  appeals 
court  acquitted  two  actors  formerly  convicted  of  pornography  for  their  work  in  the 
film,  "Father  of  GJold,"  and  augmented  the  fine  assessed  against  the  producer  to 
$1,470.59  (5,000  Egyptian  pounds).  1 

The  Ministry  of  Information  owns  and  operates  all  domestic  television  produc-  / 
tions.  In  the  past,  it  has  censored  artistic  works  that  criticized  the  Government  or  | 
dealt  with  social  problems  from  a  nongovernmental  perspective.  The  Ministry  also  ; 
censored  10  articles  of  the  English-language  weekly  The  Middle  East  Times  during  i 
the  year.  Some  of  the  articles  had  contained  allegations  of  human  rights  violations.  ■ 
The  Government  also  expelled  the  weekly's  publisher,  Thomas  Cromwell,  but  cited 
reasons  unrelated  to  his  position  as  a  journalist  for  the  action.  Moderate  Muslims 
and  secularist  writers  continue  to  find  themselves  under  legal  attack  by  Islamic  ex- 
tremists. Cairo  University  professor  Nasr  Abu  Zeid  and  his  wife  continue  to  live 
abroad  following  the  1996  Court  of  Cassation  ruling  that  affirmed  lower  court  judg- 
ments that  Abu  Zeid  is  an  apostate  because  of  his  controversial  interpretation  of 
Koranic  teachings.  In  May  a  member  of  the  Al  Azhar's  Islamic  Research  Center  pub- 
licly attacked  the  writings  of  Dr.  Hassan  Hanafy,  a  professor  of  philosophy  at  Cfairo 
University;  however,  the  Center  took  no  action  against  Hanafy.  The  courts  have  also 
ruled  against  Islamic  extremists.  On  June  29,  a  misdemeanor  court  dismissed  a  libel 
suit  brought  against  the  magazine  Rose  Al  Yussef  for  alleged  violations  of  Islamic 
norms,   and  awarded  the  magazine  $5,882.35  (20,000  Egyptian  pounds)  as  com- 
pensation. On  August  30,  a  misdemeanor  court  dismissed  the  $500  million  suit 
against  the  Cable  News  Network  (CNN);  the  plaintiffs  had  accused  CNN  of  defam- 
ing Egypt's  reputation  in  the  network's  1994  news  report  depicting  the  performance 
of  female  genital  mutilation  (PGM)  on  an  Egyptian  girl. 

In  January  state  security  forces  carried  out  raids  in  which  they  arrested  some  80 
middle  and  upper-class  young  people,  mostly  private  school  and  university  students, 
devoted  to  heavy  metal  rock  music  and  its  trappings.  According  to  rumors,  they 
were  involved  in  Satan  worship,  marijuana  use,  and  animal  sacrifices.  Forty-four  of 


1433 

those  picked  up  were  remanded  to  custody,  but  all  were  released  without  charge 
after  aoout  2  weeks. 

The  Government  does  not  directly  restrict  academic  freedom  at  universities.  How- 
ever, some  university  professors  claim  that  the  Government  tightened  its  control 
over  universities  in  1994  in  a  law  authorizing  university  presidents  to  appoint  the 
deans  of  the  various  faculties.  Under  the  previous  law,  faculty  deans  were  elected 
by  their  peers.  The  Government  has  justihed  the  measure  as  a  means  to  combat 
Islamist  influence  on  campus. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Government  continues  to 
maintain  substantial  restrictions  on  freedom  of  assembly.  Under  a  1923  law,  citi- 
zens must  obtain  approval  from  the  Ministry  of  Interior  before  holding  public  meet- 
ings, rallies,  and  protest  marches.  The  Interior  Ministry  selectively  obstructs  meet- 
ings scheduled  to  be  held  on  private  oroperty,  including  university  campuses.  Ac- 
cording to  human  rights  groups,  the  Government  canceled  or  disrupted  more  than 
40  meetings  during  the  year,  most  of  which  were  related  to  opposition  to  the  Agrar- 
ian Reform  Law. 

The  Government  continues  to  maintain  substantial  restrictions  on  freedom  of  as- 
sociation. Under  law  32  of  1964,  the  Ministry  of  Social  Affairs  has  extensive  author- 
ity over  associations  and  private  foundations,  including  the  right  to  license  and  dis- 
solve them,  confiscate  their  properties,  appoint  members  to  their  boards,  and  inter- 
cede in  other  administrative  matters.  Licenses  may  be  revoked  if  such  organizations 
engage  in  political  or  religious  activities.  The  law  authorizes  the  Ministry  to  "merge 
two  or  more  associations  to  achieve  a  similar  function,"  a  provision  that  may  be 
used  to  merge  an  undesirable  organization  out  of  existence. 

Since  1985  the  Government  has  refused  to  license  the  Egyptian  Organization  for 
Human  Ri^ts  (EOHR)  and  the  Arab  Organization  for  Human  Rights  (AOHR)  on 
grounds  that  they  are  political  organizations.  Nevertheless,  both  continue  to  operate 
openly  (see  Section  4).  Under  1993  legislation  on  professional  syndicates,  an  associa- 
tion must  elect  its  governing  board  by  at  least  50  percent  of  its  general  membership. 
Failing  a  quorum,  a  second  election  must  be  held  in  which  at  least  30  percent  of 
the  membership  votes  for  the  board.  If  such  a  quorum  is  impossible,  the  judiciary 
may  appoint  a  caretaker  board  until  new  elections  can  be  set.  The  law  was  adopted 
to  prevent  well-organized  minorities,  specifically  Islamists,  from  capturing  or  retain- 
ing the  leadership  of  professional  syndicates.  Members  of  these  syndicates  have  re- 
ported that  Islamists  have  used  such  irregular  electoral  techniaues  as  physically 
blocking  polling  places  and  limiting  or  changing  the  location  of  polling  sites. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  belief  and  the 
practice  of  religious  rites.  However,  the  Government  places  clear  restrictions  on  this 
right.  Most  Egyptians  are  Muslim,  but  at  least  10  per  cent  of  the  population,  6  mil- 
lion people,  belong  to  the  Coptic  Orthodox  Church.  There  are  other  small  Christian 
denominations,  as  well  as  a  Jewish  community  numbering  fewer  than  50  persons. 

For  the  most  part,  members  of  the  non-Muslim  minority  worship  without  harass- 
ment and  maintain  links  with  coreligionists  abroad.  Under  the  Constitution,  Islam 
is  the  official  state  religion  and  primary  source  of  legislation.  Accordingly,  religious 

firactices  that  conflict  with  Islamic  law  are  prohibited.  However,  in  most  matters  of 
amily  law.  Christians  are  subject  to  church  law.  While  neither  the  Constitution  nor 
the  Civil  and  Penal  Codes  prohibit  proselytizing.  Christians  have  been  arrested  on 
charges  of  violating  Article  98f  of  the  Penal  Code,  which  prohibits  citizens  from  ridi- 
culing or  insulting  heavenly  religions  or  inciting  sectarian  strife.  There  were  no  re- 
ports of  such  arrests  during  the  year.  Some  Christians  have  complained  that  the 
Government  and  security  forces  are  lax  in  protecting  Christian  lives  and  property 
(see  Section  5).  There  are  no  legal  restrictions  on  the  conversion  of  non-Muslims  to 
Islam.  However,  Muslims  may  Face  legal  problems  if  they  convert  to  another  faith. 
Authorities  have  charged  a  few  Muslim  converts  to  Christianity  under  Article  98f 
of  the  Penal  Code.  In  other  cases,  authorities  have  charged  converts  with  violating 
laws  prohibiting  the  falsification  of  documents.  In  such  instances,  Muslim  converts 
to  Christianity,  who  fear  government  harassment  if  they  seek  an  official  modifica- 
tion, have  themselves  altered  their  identification  cards  and  other  official  identity 
documents  to  reflect  their  new  religious  affiliation.  There  were  no  confirmed  reports 
of  individuals  detained  or  charged  during  the  year  under  these  laws.  In  January 
human  rights  activist  Mamdouh  Nakhlah  filed  suit  seeking  removal  of  the  religious 
afliliation  category  from  identification  cards  (see  below). 

An  1856  Ottoman  Decree  still  in  force  requires  non-Muslims  to  obtain  what  is 
now  a  presidential  decree  to  build  or  repair  a  place  of  worship.  In  addition.  Interior 
Ministry  regulations  issued  in  1934  specify  a  set  of  10  conditions  that  the  Govern- 
ment must  consider  prior  to  issuance  of  a  presidential  decree  permitting  construc- 
tion or  renovation  of  a  church.  These  conditions  include  the  location  of  the  proposed 
site,  the  religious  composition  of  the  surrounding  community,  and  the  proximity  of 


1434 

other  churches.  Although  President  Mubarak  has  approved  all  requests  for  permits 
presented  to  him  (reportedly  a  total  of  230  during  his  16-year  tenure),  Christians 
maintain  that  the  Interior  Ministry  delays,  in  some  instances  indefinitely,  submis- 
sion to  the  President  of  their  requests.  They  also  maintain  that  security  forces  have 
blocked  them  from  utilizing  permits  that  have  been  issued.  In  January  1996,  human 
rights  activist  Mamdouh  Nakhla  filed  a  lawsuit  challenging  the  constitutionality  of 
the  Ottoman  Decree  and  the  Interior  Ministry  regulations.  The  case  remains  before 
the  court. 

As  a  result  of  these  restrictions,  some  communities  use  private  buildings  and 
apartments  for  religious  services.  During  the  1990's,  the  Grovernment  increased  the 
number  of  building  permits  issued  to  Christian  communities  to  an  average  of  more 
than  20  per  year,  compared  with  the  average  of  5  permits  issued  annually  in  the 
1980's.  However,  in  1997  the  Government  issued  only  3  permits  for  the  construction 
of  new  churches  and  another  3  for  repairs  and  reconstruction.  Construction  and  ren- 
ovation approved  by  previously  issued  permits  continued  throughout  the  year. 

In  1994  the  Alexandria  government  closed  two  buildings  near  the  city  that  had 
been  used  by  evangelical  Christians  since  1990  for  church  activities.  The  Govern- 
ment claimed  that  the  church  lacked  a  building  permit.  Lawyers  for  the  church  ar- 
gued that  the  closures  violated  previous  court  rulings  upholding  the  right  to  conduct 
religious  services  in  private  buildings  without  prior  government  approval.  They  also 
pointed  out  that  the  closed  buildings  were  located  in  an  area  where  unlicensed 
buildings  are  common.  On  September  1,  an  administrative  court  in  Alexandria 
upheld  the  Government's  decision  to  close  the  buildings,  stating  that  the  construc- 
tion of  the  buildings  without  permits  violated  the  building  code.  The  court  did  not 
address  the  issue  of  freedom  of  worship  in  its  decision.  The  plaintiffs  are  appealing 
this  decision. 

The  Government  continued  its  efTorts  to  extend  legal  controls  to  all  mosques, 
which  by  law  must  be  licensed.  The  Government  appoints  and  pays  the  salaries  of 
the  imams  officiating  in  mosques,  and  proposes  themes  for  and  monitors  sermons. 
Of  the  country's  approximately  70,000  mosques,  nearly  half  remain  unlicensed  and 
operate  outside  the  control  of  government  authorities.  In  an  effort  to  combat  Islamic 
extremists,  the  Government  announced  its  intention  to  bring  10,000  unauthorized 
mosques  under  its  control  during  the  year. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  and  foreigners  are  free  to  travel  within  Egypt  except  in  certain 
military  areas.  Males  who  have  not  completed  compulsory  military  service  may  not 
travel  abroad  or  emigrate,  although  this  restriction  can  be  deferred  or  bypassed.  Un- 
married women  under  the  age  of  21  must  have  permission  from  their  fathers  to  ob- 
tain passports  and  travel;  married  women  require  the  same  permission  from  their 
husbands.  Citizens  who  leave  the  country  have  the  right  to  return. 

The  Constitution  forbids  the  deportation  of  citizens  and  aliens  granted  political 
asylum.  Egypt  grants  first  asylum  for  humanitarian  reasons  or  in  the  event  of  inter- 
nal turmouin  neighboring  countries.  Asylum  seekers  generally  are  screened  by  rep- 
resentatives of  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR), 
whose  recommendations  regarding  settlement  are  forwarded  to  the  Ministries  of  In- 
terior and  Foreign  Affairs  for  final  determination.  Refugees  accepted  by  the  Govern- 
ment are  permitted  to  live  and  work  but  cannot  acquire  Egyptian  citizenship,  with 
rare  exceptions.  During  the  year,  the  (jovernment  accepted  more  than  6,000  refu- 
gees, including  more  than  3,000  Somalis  and  more  than  1,500  Sudanese,  for  tem- 
porary resettlement.  Although  there  is  no  pattern  of  abuse  of  refugees,  the  Govern- 
ment temporarily  detained  some  refugees  (who  had  earlier  been  accorded  protection 
status)  during  random  security  sweeps.  Following  intervention  by  the  UNHCR,  the 
refugees  were  released. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  ruling  National  Democratic  Party  (NDP)  dominates  the  454-seat  People's  As- 
sembly, the  Shura  Council,  local  governments,  the  mass  media,  labor,  the  large  pub- 
lic sector,  and  the  licensing  of  new  political  parties,  newspapers,  and  private  organi- 
zations to  such  an  extent  that,  as  a  practical  matter,  citizens  do  not  have  a  mean- 
ingful ability  to  change  their  government. 

In  1993  President  Hosni  Mubarak  was  elected  unopposed  to  a  third  6-year  term 
by  the  People's  Assembly.  In  October  of  that  year,  his  reelection  was  approved  by 
96  percent  of  the  voters  in  a  national  referendum.  Under  the  Constitution,  the  elec- 
torate is  not  presented  with  a  choice  among  competing  presidential  candidates.  Two 
opposition  parties  urged  the  public  to  boycott  the  referendum,  and  two  other  parties 
urged  the  public  to  vote  against  the  President.  The  other  opposition  parties  en- 
dorsed the  President's  candidacy. 


1435 

More  than  100  losing  candidates  in  the  fall  1995  legislative  elections  filed  com- 
plaints in  the  administrative  courts,  alleging  ballot-rigging  and  other  irregularities. 
The  courts  agreed  with  most  of  these  claims.  Although  the  judiciary  has  the  author- 
ity to  determine  whether  or  not  irregularities  took  place,  it  does  not  have  the  au- 
thority to  remove  an  elected  member  of  the  Assembly,  a  right  that  the  Assembly 
claims  solely  for  itself,  citing  the  concept  of  parliamentary  sovereignty.  The  Assem- 
bly has  not  called  for  any  new  by-elections  in  response  to  the  court's  judgment,  nor 
is  it  expected  to  do  so. 

The  Assembly  debates  government  proposals,  and  members  exercise  their  author- 
ity to  call  cabinet  ministers  to  explain  policy.  The  executive  initiates  almost  all  leg- 
islation. Nevertheless,  the  Assembly  maintains  the  authority  to  challenge  or  re- 
strain the  executive  in  the  areas  of  economic  and  social  policy,  out  it  may  not  modify 
the  budget  except  with  the  Government's  approval.  The  Assembly  exercises  limited 
influence  in  the  areas  of  security  and  foreign  policy,  and  there  is  little  oversight  of 
the  Interior  Ministry's  use  of  emergency  law  powers.  Many  executive  branch  initia- 
tives and  policies  are  carried  out  by  regulation  through  ministerial  decree  without 
legislative  oversight.  The  military  budget  is  prepared  by  the  executive  and  not  de- 
bated publicly.  Roll-call  votes  in  the  Assembly  are  rare.  Votes  are  generally  reported 
in  aggregate  terms  of  yeas  and  nays,  and  thus  constituents  have  no  independent 
method  of  checking  a  member's  voting  record. 

There  are  13  recognized  opposition  parties.  The  law  empowers  the  Government 
to  bring  felony  charges  against  those  who  form  a  party  without  a  license.  New  par- 
ties must  be  approved  by  the  Parties  Committee,  a  semiofficial  body  including  a 
substantial  majority  of  members  from  the  ruling  NDP  and  some  members  from 
among  the  independents  and  opposition  parties.  Decisions  of  the  Parties  Committee 
may  be  appealed  to  the  civil  courts.  No  new  parties  sought  approval  during  the 
year.  Sixteen  parties  whose  applications  have  been  previously  denied  are  contesting 
the  decisions. 

According  to  the  law,  which  prohibits  political  parties  based  on  religion,  the  Mus- 
lim Brotherhood  is  an  illegal  political  organization.  Muslim  Brothers  are  publicly 
known  and  openly  speak  their  views,  but  are  subject  to  government  pressure  (see 
Section  l.d.).  Some  have  served  in  the  Assembly  as  independents  or  as  members  of 
other  recognized  parties. 

In  the  April  elections  to  local  councils,  which  range  in  size  from  the  smallest  gov- 
ernment administrative  unit  to  the  governorate  level,  the  NDP  won  more  than  95 
percent  of  the  seats.  Prior  to  the  actual  voting,  the  NDP  had  gained  more  than  50 
percent  of  the  seats  by  default.  Some  opposition  parties  boycotted  the  elections, 
which  were  characterized  by  a  low  turnout.  Local  council  elections  are  held  every 
4  years. 

Women  and  minorities  are  underrepresented  in  government  and  politics.  The  Con- 
stitution reserves  10  assembly  seats  for  presidential  appointees,  which  the  President 
traditionally  has  used  to  assure  representation  for  Coptic  Christians  and  women. 
Five  women  and  no  Copts  were  elected  in  1995;  of  the  10  presidential  appointments, 
6  were  Copts  and  4  were  women.  The  ruling  NDP  nominated  no  Coptic  candidates 
in  the  1995  parliamentary  elections.  Two  women  and  2  Copts  serve  among  the  32 
ministers  in  the  Cabinet. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  refuses  to  license  local  human  rights  groups  as  private  entities 
under  Law  32  of  1964  (see  Section  2.b.).  Since  1986  the  Government  has  refused 
to  license  the  Egyptian  Organization  for  Human  Rights  on  grounds  that  it  is  a  polit- 
ical organization  and  duplicates  the  activities  of  an  existing,  although  moribund, 
human  rights  group  (see  Section  2.b.).  The  EOHR  has  appealed  the  denial  in  the 
courts,  and  continues  to  conduct  activities  openly,  pending  a  final  judicial  deter- 
mination of  its  status. 

The  Arab  Organization  for  Human  Rights,  EOHR's  parent  organization,  has  a 
longstanding  request  for  registration  as  a  foreign  organization  with  the  Ministry  of 
Foreign  Afi'airs.  The  Ministry  has  not  approved  the  request  thus  far,  stating  that 
the  issue  is  dependent  on  the  outcome  of  efforts  within  the  League  of  Arab  States 
to  establish  a  human  rights  body. 

Despite  their  nonrecognition,  the  EOHR  and  other  groups  sometimes  enjoy  the  co- 
operation of  government  officials.  The  Government  allows  EOHR  field  workers  to 
visit  prisons  in  their  capacity  as  legal  counsel,  to  call  on  some  government  officials, 
and  to  receive  funding  from  foreign  human  rights  organizations.  Many  local  and 
international  human  rights  activists  have  concluded,  however,  that  government  re- 
strictions on  the  activities  of  NGO's  have  significantly  inhibited  reporting  on  human 
rights  abuses. 


1436 

There  were  no  reports  during  the  year  that  the  Government  banned  meetings  of 
human  rights  groups,  although  the  Gk)vemment  on  occasion  makes  the  holding  of 
such  meetings  difficult.  For  example,  some  human  rights  organizations  have  found 
requests  for  conference  space  turned  down  for  "security  reasons"  or  reservations 
later  canceled  for  "maintenance  reasons."  Other  human  rights  organizations,  such 
as  the  Center  for  Human  Rights  Legal  Aid,  are  registered  with  the  Government  as 
corporations  under  commercial  or  civil  law,  thus  avoiding  the  obstacles  posed  by 
Law  32  (see  Section  2.b.). 

In  1995  the  Ministry  of  Justice  issued  a  nonbinding  advisory  ruling  stating  that 
such  organizations  properly  should  be  considered  nongovernmental  organizations  as 
defined  by  Law  32  and  registered  accordingly,  or  face  punitive  action.  However,  the 
Government  did  not  close  down  any  group  during  the  year. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equality  of  the  sexes  and  equal  treatment  of  non- 
Muslims,  but  aspects  of  the  law  and  many  traditional  practices  discriminate  against 
women  and  Christians. 

Women. — Family  violence  against  women  occurs  and  is  reflected  in  press  accounts 
of  specific  incidents.  According  to  recent  statistics,  one  of  every  three  women  who 
have  ever  been  married  has  been  beaten  at  least  once  during  marriage.  Among 
those  who  have  been  beaten,  less  than  half  have  ever  sought  help.  In  general,  neigh- 
bors and  extended  family  members  intervene  to  limit  incidents  of  domestic  violence. 
Abuse  within  the  family  is  rarely  discussed  publicly,  due  to  the  value  attached  to 
privacy  in  this  traditional  society.  Several  NGO's  have  begun  offering  counseling, 
legal  aid,  and  other  services  to  women  who  are  victims  of  domestic  violence.  Rape 
is  known  to  occur,  but  reliable  statistics  are  not  available.  When  "honor  killings" 
(a  man  murdering  a  female  relative  for  her  perceived  lack  of  chastity)  occur,  per- 
petrators generally  receive  lighter  punishments  than  those  convicted  in  other  cases 
of  murder.  The  law  provides  for  equality  of  the  sexes,  but  aspects  of  the  law  and 
many  traditional  practices  discriminate  against  women.  By  law,  unmarried  women 
under  the  age  of  21  must  have  permission  from  their  fathers  to  obtain  passports 
and  travel;  married  women  of  any  age  require  the  same  permission  from  their  hus- 
bands (see  Section  2.d.).  Only  males  can  confer  citizenship.  In  rare  cases,  this  means 
that  children  bom  to  Egyptian  mothers  and  stateless  fathers  are  themselves  state- 
less. A  woman's  testimony  is  equal  to  that  of  a  man's  in  Egyptian  courts. 

Laws  affecting  marriage  and  personal  status  generally  correspond  to  an  individ- 
ual's religion,  which  is  Islam  for  most  citizens.  A  1979  liberalization  of  the  Family 
Status  Law  strengthening  a  Muslim  woman's  rights  to  divorce  and  child  custody 
was  repealed  in  1985  after  it  was  found  unconstitutional  for  conflicting  with  Islamic 
law.  A  new  marriage  contract  for  Muslim  women  was  proposed  in  1995  to  replace 
the  current  one  drafted  in  1931.  It  stipulates  premarital  negotiations  on  a  wide  vari- 
ety of  issues,  including  the  woman's  right  to  work,  study  and  travel  abroad,  and  di- 
vorce settlements.  (Jovemment  approval  is  still  pending. 

Under  Islamic  law,  non-Muslim  males  must  convert  to  Islam  to  marry  Muslim 
women,  but  non-Muslim  women  need  not  convert  to  marry  Muslim  men.  Muslim  fe- 
male heirs  receive  half  the  amount  of  a  male  heir's  inheritance,  while  Christian  wid- 
ows of  Muslims  have  no  inheritance  rights.  A  sole  female  heir  receives  half  her  par- 
ents' estate;  the  balance  goes  to  designated  male  relatives.  A  sole  male  heir  inherits 
all  his  parents'  property.  Male  Muslim  heirs  face  strong  social  pressure  to  provide 
for  all  family  members  who  need  assistance.  However,  this  assistance  is  not  always 
provided. 

Women  have  employment  opportunities  in  government,  medicine,  law,  academia, 
the  arts,  and,  to  a  lesser  degree,  in  business.  According  to  government  figures, 
women  constitute  17  percent  of  private  business  owners,  and  occupy  25  percent  of 
the  managerial  positions  in  the  four  major  national  banks.  Social  pressure  against 
women  pursuing  a  career  is  strong,  and  some  women's  rights  advocates  say  that  a 
resurgent  Islamic  fundamentalist  trend  limits  further  gains.  Women's  rights  advo- 
cates also  point  to  other  discriminatory  traditional  or  cultural  attitudes  and  prac- 
tices such  as  female  genital  mutilation  and  the  traditional  male  relative's  role  in 
enforcing  chastity  and  chaste  sexual  conduct. 

A  number  of  active  women's  rights  groups  work  in  diverse  areas,  including  re- 
forming the  Personal  Status  Code,  educating  women  on  their  legal  rights,  combating 
FGM,  and  rewriting  the  marriage  contract. 

Children. — The  Government  remains  committed  to  the  protection  of  children's 
welfare  within  the  limits  of  its  budgetary  resources.  Many  of  the  resources  for  chil- 
dren's welfare  are  provided  by  international  donors,  especially  in  the  field  of  child 


1437 

immunization.  Child  labor  is  widespread,  despite  the  Government's  commitment  to 
eradicate  it  (see  Section  6.d.). 

The  Government  provides  public  education,  which  is  compulsory  for  the  first  9 
academic  years  (typically  until  the  age  of  15).  In  education  the  Government  treats 
boy^  and  girls  equally  at  all  levels  of  education. 

The  Government  enacted  a  new  Child  Law  in  1996.  The  law  provides  for  more 
privileges,  protection,  and  care  for  children  in  general.  Six  of  the  law's  144  articles 
set  advantageous  rules  for  working  children  (see  Section  6.d.).  (Dther  provisions  in- 
clude: Employers  are  to  set  up  or  contract  with  a  child  care  center  if  they  employ 
more  than  100  women;  the  right  of  rehabilitation  for  disabled  children;  defendants 
between  the  ages  of  16  and  18  may  not  be  sentenced  to  capital  punishment,  hard 
labor  for  life,  or  temporary  hard  labor;  and  defendants  under  the  age  of  15  may  not 
be  placed  in  preventive  custody,  although  the  prosecution  may  order  that  they  be 
lodged  in  an   t)b8ervation  house"  and  be  summoned  upon  request. 

The  Government  remains  committed  to  eradicating  the  practice  of  female  genital 
mutilation,  which  is  widely  condemned  by  international  health  experts  as  damaging 
to  both  physical  and  psychological  health.  Despite  strong  government  and  commu- 
nity efforts  to  eradicate  FGM,  government  and  private  sources  agree  that  it  is  com- 
mon. Traditional  and  family  pressures  remain  strong;  a  recent  study  places  the  per- 
centage of  Egyptian  women  who  have  undergone  FGM  at  97  percent.  FGM  is  gen- 
erally performed  on  girls  between  the  ages  of  7  and  10,  with  equal  prevalence 
among  Muslims  and  Coptic  Christians. 

The  1996  decree  by  the  Minister  of  Health  and  Population  Planning  banning  the 
practice  of  female  genital  mutilation  (FGM)  was  challenged  in  the  courts  on  the 
grounds  that  the  ban  was  unconstitutional.  On  December  28,  the  Supreme  Adminis- 
trative Court,  the  court  of  last  resort  in  this  matter,  upheld  the  Government's  ban. 
The  Government  also  supports  a  range  of  efforts  to  educate  the  public.  A  discussion 
of  FGM  and  its  dangers  has  been  added  to  the  curriculum  of  the  school  system.  The 
Government  broadcasts  television  programs  condemning  the  practice.  The  Minister 
of  Awqaf  (religious  endowments)  and  the  Minister  of  Health  met  with  6,500  new 
imams  (Muslim  preachers)  on  August  25  and  advised  them  that  FGM  is  a  bad  habit 
unrelated  to  Islam.  Senior  religious  leaders  also  support  efforts  to  stop  the  practice. 
The  Sheikh  of  Al  Azhar,  the  most  senior  Islamic  figure  in  the  country,  and  the  lead- 
er of  the  Coptic  Christian  community.  Pope  Shenouda,  have  stated  repeatedly  that 
FGM  is  not  required  by  religious  doctrine.  A  number  of  NGO's  also  work  actively 
to  educate  the  public  about  the  health  hazards  of  the  practice. 

In  December  a  provincial  court  in  Qalyub  found  Dr.  Rabie  Ibrahim  Mahgoub 
guilty  of  "immense  medical  negligence"  in  the  death  of  a  14-year-old  girl  on  whom 
he  performed  FGM  in  April.  The  court  sentenced  Mahgoub  to  1  year  on  jail  and  a 
$150  (510  Egyptian  pounds)  fine  for  causing  her  death. 

People  With  Disabilities. — There  are  approximately  5.7  million  disabled  persons, 
of  whom  1.5  million  are  severely  disabled.  The  (government  makes  serious  efforts 
to  address  their  rights.  It  works  closely  with  United  Nations  agencies  and  other 
international  aid  donors  to  design  job-training  programs  for  the  disabled.  The  (jov- 
emment  also  seeks  to  increase  the  public's  awareness  of  the  capabilities  of  the  dis- 
abled in  television  programming,  the  print  media,  and  in  educational  material  in 
public  schools. 

By  law,  all  businesses  must  designate  5  percent  of  their  jobs  for  the  disabled,  who 
are  exempt  from  normal  literacy  requirements.  Although  there  is  no  legislation 
mandating  access  to  public  accommodations  and  transportation,  the  disabled  may 
ride  government-owned  mass  transit  buses  without  charge,  are  given  priority  in  ob- 
taining telephones,  and  receive  reductions  on  customs  duties  for  private  vehicles. 

Religious  Minorities. — The  Constitution  provides  that  all  citizens  are  equal  before 
the  law  and  prohibits  discrimination  basea  on  religion.  For  the  most  part  these  con- 
stitutional protections  are  upheld  by  the  (government.  However,  discrimination 
against  Christians  still  exists. 

The  approximately  6  million  Coptic  Christians  are  the  objects  of  occasional  violent 
assaults  oy  Muslim  extremists.  During  the  year,  extremists  were  responsible  for 
killing  at  least  23  Egyptian  Christians,  most  in  the  Minya  and  Assiyut  govenorates, 
where  about  30  to  40  percent  of  the  inhabitants  are  Christian  (see  Section  l.a.).  Acts 
of  violence  also  were  reported  against  churches  and  Coptic-owned  businesses;  some 
carried  out  by  extremists,  but  others  committed  by  ordinary  citizens.  Rumors  of 
church  repairs  or  building  without  permits  occasionally  resulted  in  anti-Christian 
rioting  by  citizens.  In  one  incident  in  the  delta  village  of  Greis,  local  newspapers 
reported  that  two  members  of  the  Muslim  Brotherhood  claimed  that  a  priest  was 
building  a  monastery  without  government  permission.  This  false  rumor,  repeated  at 
evening  prayer,  incited  local  residents  to  set  fire  to  the  house  on  June  18. 


1438 

Some  Christians  have  complained  that  the  Government  is  lax  in  protecting  Chris- 
tian lives  and  property.  Security  forces  arrest  extremists  who  perpetrate  violence 
against  Christians,  but  some  members  of  the  Christian  conmiunity  do  not  believe 
that  the  Government  is  sufficiently  vigorous  in  its  efforts  to  prevent  attacks.  They 
also  maintain  that  the  Government  does  little  to  correct  nonviolent  forms  of  dis- 
crimination, including  its  own. 

In  general,  security  forces  responded  rapidly  to  attacks  against  Christians  during 
the  year.  The  Government  also  thoroughly  investigated  the  incidents,  filing  charges 
as  appropriate.  Following  the  deadly  attack  on  church  youths  in  Abu  Qurqas  in  Feb- 
ruary, the  Minister  of  Awqaf  and  senior  Islamic  figures  traveled  to  the  site  to  con- 
demn the  action  and  to  express  condolences. 

There  were  reports  of  forced  conversions  of  Coptic  children  to  Islam,  but  even 
human  rights  groups  find  it  extremely  difficult  to  determine  the  actual  degree  of 
compulsion  used,  as  most  cases  involve  a  Coptic  girl  converting  to  Islam  to  marry 
a  Muslim  boy.  According  to  the  Government,  the  girl  in  such  cases  must  meet  with 
her  family,  with  her  priest,  and  with  the  head  of  her  church  before  she  is  allowed 
to  convert.  However,  there  are  credible  reports  of  government  harassment  of  Chris- 
tian families  attempting  to  regain  custody  of  their  daughters,  and  of  the  failure  of 
the  authorities  to  uphold  the  law  that  states  that  a  marriage  of  a  girl  under  the 
age  of  16  is  prohibited  and  between  the  ages  of  16  and  21  is  illegal  without  the  ap- 
proval and  presence  of  her  guardian. 

Government  discriminatory  practices  include:  Suspected  statistical  underrepresen- 
tation  of  the  size  of  the  Christian  population;  anti-Christian  discrimination  in  edu- 
cation; failure  to  admit  Christians  into  schools  of  Arabic  studies  to  become  Arabic 
teachers  as  the  curriculum  involves  study  of  the  Koran;  job  discrimination  in  the 
public  sector — the  police,  the  armed  forces,  and  other  government  agencies;  reported 
discrimination  against  Christians  in  staff  appointments  at  universities;  and  their 
under  representation  in  government.  There  are  no  Coptic  governors  and  no  Copts 
in  the  upper  ranks  of  the  military  or  police.  There  were  no  anti-Christian  television 
programs  during  the  year. 

In  November  more  than  100  leading  Egyptians,  including  university  professors, 
members  of  the  People's  Assembly  and  Shura  Council,  journalists,  artists,  and  NGO 
activists,  signed  a  public  statement  that  acknowledged  discrimination  against  Chris- 
tians. This  "Declaration  to  the  Nation"  ran  in  Al-Shaab,  an  opposition  newspaper 
often  critical  of  the  Government,  which  is  published  by  the  minority  Labor  Party. 
The  statement,  which  Al-Shaab  ran  for  free  with  50  signatures  on  November  7,  and 
again  with  an  additional  50  signatures  on  November  21,  acknowledged  that  Chris- 
tians suffer  from  discrimination,  but  it  stated  that  the  Egyptian  people  and  authori- 
ties had  to  resolve  these  problems  within  an  "Egyptian  framework."  The  statement 
also  rejected  foreign  criticism  and  interference  in  this  area. 

Anti-Semitism  in  the  Egyptian  press  is  found  primarily,  but  not  exclusively,  in  the 
nonofficial  press  of  the  opposition  parties.  The  Government  has  condemned  anti- 
Semitism  and  advised  journalists  and  cartoonists  to  avoid  anti-Semitism.  There 
have  been  no  anti-Semitic  incidents  in  recent  years  directed  at  the  tiny  Jewish  com- 
munity. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  may  join  trade  unions  but  are  not  required 
to  do  so.  A  union  local,  or  workers'  committee,  may  be  formed  if  50  employees  ex- 
press a  desire  to  organize.  Most  union  members,  about  27  per  cent  of  the  labor  force, 
are  employed  by  state-owned  enterprises.  The  law  stipulates  that  "high  administra- 
tive" oflicials  in  government  and  the  public  sector  may  not  join  unions. 

There  are  23  trade  unions,  all  required  to  belong  to  the  Egyptian  Trade  Union 
Federation  (ETUF),  the  sole  legally  recognized  labor  federation.  The  International 
Labor  Organization's  Committee  of  Experts  repeatedly  has  emphasized  that  a  law 
requiring  all  trade  unions  to  belong  to  a  single  federation  infringes  on  the  freedom 
of  association.  The  Government  has  shown  no  sign  that  it  intends  to  accept  the  es- 
tablishment of  more  than  one  federation.  The  ETUF  leadership  asserts  that  it  ac- 
tively promotes  worker  interests  and  that  there  is  no  need  for  another  federation. 
ETIJF  officials  have  close  relations  with  the  NDP,  and  some  are  members  of  the 
People's  Assembly  or  the  Shura  Council.  They  speak  vigorously  on  behalf  of  worker 
concerns,  but  public  confrontations  between  the  ETUF  and  the  Government  are 
rare.  Disputes  are  more  often  resolved  by  consensus  behind  closed  doors. 

The  labor  laws  do  not  adequately  provide  statutory  authorization  for  the  rights 
to  strike  and  to  engage  in  collective  bargaining.  Even  though  the  right  to  strike  is 
not  provided,  strikes  occur.  The  Government  considers  strikes  a  form  of  public  dis- 
turbance and  hence  illegal. 


1439 

A  limited  number  of  strikes  took  place  in  the  public  sector  during  the  year,  mainly 
over  wage  and  dismissal  questions.  Local  security  forces  used  tear  gas  and  physical 
force  on  June  18  to  break  up  a  strike  involving  hundreds  of  employees  at  Zagazig 
University,  located  50  miles  east  of  Cairo.  One  employee  was  reportedly  seriously 
harmed  by  exposure  to  tear  gas,  but  the  person  recovered. 

Some  unions  within  the  ETUF  are  affiliated  with  international  trade  union  orga- 
nizations. Others  are  in  the  process  of  becoming  affiliated. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Under  the  law,  unions  may 
negotiate  work  contracts  with  public  sector  enterprises  if  the  latter  agree  to  such 
negotiations,  but  unions  otherwise  lack  collective  bargaining  power  in  the  state  sec- 
tor. Under  current  circumstances,  collective  bargaining  does  not  exist  in  any  mean- 
ingful sense  because  the  Government  sets  wages,  benefits,  and  job  classifications  by 
law. 

Firms  in  the  private  sector  generally  do  not  adhere  to  such  government-mandated 
standards.  Although  they  are  required  to  observe  some  government  practices,  such 
as  the  minimum  wage,  social  security  insurance,  and  official  holidays,  they  often  do 
not  adhere  to  government  practice  in  non-binding  matters,  including  award  of  the 
annual  Labor  Day  bonus. 

Labor  law  and  practice  are  the  same  in  the  export  processing  zones  (EPZ's)  as  in 
the  rest  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^Article  13  of  the  Constitution  pro- 
hibits forced  labor.  However,  the  Criminal  Code  authorizes  sentences  of  hard  labor 
for  some  crimes.  Although  the  law  does  not  specifically  prohibit  forced  and  bonded 
labor  by  children,  such  practices  are  not  known  to  occur  (see  Section  6.d.). 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Under  the 
Child  Law  approved  in  1996  (see  Section  5),  the  minimum  age  for  employment  is 
14  in  nonagricultural  work.  Provincial  governors,  with  the  approval  of  the  Minister 
of  Agriculture,  can  authorize  seasonal  work  for  children  between  the  ages  of  12  and 
14,  provided  that  duties  are  not  hazardous  and  do  not  interfere  with  schooling. 
Preemployment  training  for  children  under  the  age  of  12  is  prohibited.  It  is  prohib- 
ited for  children  to  work  for  more  than  6  hours  a  day,  including  one  or  more  breaks 
totaling  at  least  1  hour.  Children  are  not  to  work  overtime,  during  their  weekly  day 
off,  between  8  p.m.  and  7  a.m.,  or  more  than  4  hours  continuously.  Education  is 
compulsory  for  the  first  9  academic  years  (typically  until  the  age  of  15).  Ministry 
of  Health  figures  indicate  that  2  million  children  between  the  ages  of  6  and  15  are 
employed.  A  1989  study  estimated  that  perhaps  720,000  children  work  on  farms. 
However,  children  also  work  as  apprentices  in  repair  and  craft  shops,  in  heavier  in- 
dustries such  as  brick  making  and  textiles,  and  as  workers  in  leather  and  carpet 
making  factories.  While  local  trade  unions  report  that  the  Ministry  of  Labor  ade- 
quately enforces  the  labor  laws  in  state-owned  enterprises,  enforcement  in  the  pri- 
vate sector,  especially  in  family-owned  enterprises,  is  lax.  Many  of  these  children 
are  abused  and  overworked  by  their  employers,  and  the  restrictions  in  the  new 
Child  Law  have  not  improved  their  condition  due  to  lax  enforcement  on  the  part 
of  the  Government.  Although  the  law  does  not  specifically  prohibit  forced  and  bond- 
ed labor  by  children,  such  practices  are  not  known  to  occur  (see  Section  6.c). 

Two  accidents  involving  child  agricultural  workers  during  the  year  highlighted 
the  problem  of  enforcement.  On  September  21,  29  children  were  drowned  and  56 
were  injured  when  a  truck  crashed  into  a  canal  in  Kfar  Sheikh.  More  than  100  chil- 
dren, ranging  in  age  from  5  to  15,  were  being  transported  in  the  truck  to  pick  cot- 
ton. On  October  1,  six  children  were  drowned  in  a  similar  truck  accident  in 
Dakhaliya.  Ranging  in  age  from  5  to  15,  they  too  were  harvesting  cotton. 

e.  Acceptable  Conditions  of  Work. — For  government  and  public-sector  employees, 
the  minimum  wage  is  approximately  $28  (about  95  Egyptian  pounds)  a  month  for 
a  6-day,  42-hour  workweek.  Base  pay  is  supplemented  by  a  complex  system  of  fringe 
benefits  and  bonuses  that  may  double  or  triple  a  worker's  take-home  pay.  The  aver- 
age worker  and  family  could  not  survive  on  a  worker's  base  pay  at  the  minimum 
wage  rate.  The  minimum  wage  is  also  legally  binding  on  the  private  sector,  and 
larger  private  companies  generally  observe  the  requirement  and  pay  bonuses  as 
well.  Smaller  firms  do  not  always  pay  the  minimum  wage  or  bonuses. 

The  Ministry  of  Labor  sets  worker  health  and  safety  standards,  which  also  apply 
in  the  export  processing  zones,  but  enforcement  and  inspection  are  uneven.  The  law 
prohibits  employers  from  maintaining  hazardous  working  conditions,  and  workers 
have  the  right  to  remove  themselves  from  hazardous  conditions  without  risking  loss 
of  employment. 


1440 
IRAN 

The  Islamic  Republic  of  Iran  ^  was  established  in  1979  after  a  populist  revolution 
toppled  the  monarchy.  The  Government  is  dominated  by  Shi'a  Miislim  clergy.  Aya- 
tollah  Ali  Khamenei  is  the  Leader  of  the  Islamic  Revolution  and  functions  as  the 
Chief  of  State.  He  is  also  the  Commander-in-Chief  of  the  armed  forces.  President 
Seyed  Mohammad  Khatami  was  inaugurated  in  August,  following  a  landslide  vic- 
tory in  elections  held  on  May  23.  The  Constitution  establishes  a  270-seat  unicameral 
Islamic  Consultative  Assembly,  or  Majles.  The  Government  seeks  to  conform  public 
policy  to  its  political  and  socio-religious  values,  but  serious  difierences  exist  within 
the  leadership  and  within  the  clergy.  The  Government  maintains  power  through 
widespread  repression  and  intimidation.  The  judiciary  is  subject  to  government  and 
religious  influence. 

Several  agencies  share  responsibility  for  internal  security,  including  the  Ministry 
of  Intelligence  and  Security,  the  Ministry  of  Interior,  and  the  Revolutionary  Guards, 
a  military  force  established  after  the  revolution.  Paramilitary  volunteer  forces 
known  as  Basijis,  and  gangs  of  street  thugs,  known  as  the  Ansar-e  Hezbollah  (Help- 
ers of  the  Party  of  God),  who  are  often  aligned  with  specific  conservative  members 
of  the  clergy,  act  as  vigilantes.  Both  regular  and  paramilitary  security  forces  com- 
mitted numerous,  serious  human  rights  abuses. 

Iran  has  a  mixed  economy.  The  Government  owns  the  petroleum  and  utilities  in- 
dustries and  the  banks.  Large  charitable  foundations  called  bonyads,  most  with 
strong  connections  to  the  Government,  control  properties  expropriated  from  the 
former  Shah  and  figures  associated  with  his  regime.  The  bonyads  exercise  consider- 
able influence  in  the  economy.  Oil  exports  are  the  primary  source  of  foreign  ex- 
change. Mismanagement  and  corruption  have  created  serious  economic  problems. 
Unemployment  in  1997  was  estimated  to  be  at  least  25  percent,  and  inflation  was 
an  estimated  20  percent. 

The  Government's  human  rights  record  remained  poor.  The  Government  restricts 
the  right  of  citizens  to  change  their  government.  Systematic  abuses  include 
extrajudicial  killings  and  summary  executions;  disappearances;  widespread  use  of 
torture  and  other  degrading  treatment;  harsh  prison  conditions;  arbitrary  arrest  and 
detention;  unfair  trials;  infringement  on  citizens'  privacy;  and  restriction  of  the  free- 
doms of  speech,  press,  assembly,  association,  religion,  and  movement.  The  Govern- 
ment manipulates  the  electoral  system  and  represses  political  dissidents.  However, 
during  the  presidential  election  campaign  however,  a  lively  debate  on  political,  eco- 
nomic, and  social  issues  occurred,  although  the  Government  closed  several  news- 
papers, disqualified  candidates,  and  intimidated  opposition  campaigners  by  encour- 
aging vigilante  attacks.  Supreme  Leader  Khamenei,  in  a  break  with  precedent, 
backed  one  candidate,  Majles  Speaker  Ali  Akbar  Nateq-Nuri.  Nonetheless, 
Khatami's  election  victory,  with  nearly  70%  of  the  vote,  was  not  disputed  and  the 
regime  apparently  did  not  engage  in  election  fraud.  Khatami's  election  appeared  to 
demonstrate  a  strong  desire  among  his  supporters,  primarily  women,  youtn,  and  the 
middle  class,  for  greater  social  and  cultural  freedom  and  increased  economic  oppor- 
tunity. Women  face  legal  and  social  discrimination.  The  Government  discriminates 
against  minorities  and  restricts  important  worker  rights. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — U.N.  representatives,  including  the 
U.N.  Special  Representative  on  Human  Rights  in  Iran,  Maurice  Copithorne,  and 
independent  human  rights  organizations  continue  to  comment  on  the  absence  of  pro- 
cedural safeguards  in  criminal  trials.  Inhuman  punishments  are  used  in  some  cases, 
including  stoning  (see  Section  I.e.).  In  1992  the  domestic  press  stopped  reporting 
most  executions;  however,  executions  appear  to  continue  in  substantial  numbers. 
Amnesty  International  (AI)  reported  that  at  least  110  persons  were  executed  in 
1996,  a  substantial  increase  over  the  previous  year's  total  of  50  executions.  Special 
Representative  Copithorne  reported  137  executions  through  November. 

Iranian  journalist  Ebrahim  Zalzadeh,  editor  of  Mayar  literary  magazine,  had  criti- 
cized government  censorship  and  persecution  of  writers,  and  was  arrested  in  Feb- 
ruary. His  body  was  found  on  March  29  with  multiple  stab  wounds  to  the  chest, 
according  to  Human  Rights  Watch  (HRW).  It  is  widely  believed  that  the  regime  is 
responsible.  Attorney  Mohammed  Assadi  was  executed  on  August  9  on  charges  that 


^The  United  States  does  not  have  an  embassy  in  Iran.  This  report  draws  heavily  on  non-U.S. 
Government  sources. 


1441 

included  taking  part  in  a  1980  coup  attempt,  visiting  Israel  before  the  1979  Iranian 
revolution,  and  being  a  Freemason  and  a  member  oi  the  International  Lions  organi- 
zation. 

Exiles  and  human  rights  monitors  allege  that  many  of  those  executed  for  criminal 
offenses,  primarily  narcotics  charges,  are  actually  political  dissidents.  A  November 
1995  law  criminalized  dissent  and  applied  the  death  penalty  to  offenses  such  as  "at- 
tempts against  the  security  of  the  State,  outrage  against  high-ranking  Iranian  offi- 
cials, ana  insults  against  the  memory  of  Imam  Khomeini  and  against  the  Leader 
of  the  Islamic  Republic." 

Two  Baha'i  men  reportedly  died  under  circumstances  that  led  some  observers  to 
believe  that  the  men  were  killed  because  of  their  religious  beliefs. 

Investigations  of  the  killing  of  political  dissidents  abroad  continued  in  1997.  A 
verdict  issued  on  January  24  oy  the  seventh  Criminal  Court  of  Istanbul  sentenced 
an  Iranian  citizen  to  more  than  32  years  in  prison  with  hard  labor  for  his  role — 
under  the  supervision  of  the  Iranian  Ministry  of  Intelligence  and  Security — in  the 
murders  of  two  members  of  the  People's  Mojahedin  Organization  of  Iran,  according 
to  the  U.N.  Special  Representative. 

On  April  10,  in  its  official  verdict,  the  Berlin  Superior  Court  stated  that  the  Su- 
preme Leader,  President  and  Minister  of  Intelligence  and  Security  had  ordered  the 
1992  killings  of  three  Kurdish  Iranian  dissidents  and  their  translator  at  the 
Mykonos  restaurant  in  Berlin.  The  trial  revealed  persuasive  evidence  that  govern- 
ment agents  were  responsible  for  the  killings  and  that  senior  Iranian  government 
officials  had  ordered  them. 

In  June  a  Swiss  judge  voiced  suspicions  that  Iranian  authorities  ordered  the  1990 
murder  of  Kazem  Kajavi,  a  member  of  the  National  Council  of  Iranian  Resistance. 
The  announcement  was  made  after  IV2  years  of  close  collaboration  with  German  ju- 
dicial authorities. 

The  U.N.  Special  Rapporteur  noted  that  a  total  of  91  mostly  Kurdish 
oppositionists  based  in  Iraq  were  reported  to  have  been  killed  by  the  Iranian  regime 
in  1997,  as  a  result  both  of  targeted  killings  and  armed  clashes. 

The  Government  took  no  action  to  repudiate  the  fatwa,  or  religious  ruling,  calling 
for  the  murder  of  British  author  Salman  Rushdie  or  anyone  associated  with  his 
book,  "The  Satanic  Verses." 

b.  Disappearance. — No  reliable  information  is  available  on  the  number  of  dis- 
appearances. In  the  period  immediately  following  arrest,  many  detainees  are  held 
incommunicado. 

Faraj  Sarkuhi,  who  disappeared  for  2  months  in  1996,  was  arrested  in  February 
and  convicted  of  spreading  antigovemment  propaganda  (see  Section  2. a.). 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Credible  reports  indicate  that  security  forces  continue  to  torture  detainees  and  pris- 
oners. Common  methods  include  suspension  for  long  periods  in  contorted  positions, 
burning  with  cigarettes,  and,  most  frequently,  severe  and  repeated  beatings  with  ca- 
bles or  other  instruments  on  the  back  and  on  the  soles  of  the  feet.  A  July  1996  law 
strengthens  Islamic  punishments  such  as  flogging,  stoning,  amputations,  and  public 
executions.  Four  people  were  reported  to  have  been  stoned  in  1997.  According  to 
Amnesty  International,  in  August  a  20-year-old  woman,  Zoleykhah  Kadkhoda,  was 
arrested  on  charges  of  adultery  and  stoned  on  the  same  day,  but  survived. 

Prison  conditions  are  harsh.  Some  prisoners  are  held  in  solitary  confinement  or 
denied  adequate  food  or  medical  care  in  order  to  force  confessions.  Female  prisoners 
have  reportedly  been  raped  or  otherwise  tortured  while  in  detention.  In  the  past, 
prison  guards  have  intimidated  the  family  members  of  detainees  and  have  some- 
times tortured  detainees  in  their  presence.  Special  Representative  Copithorne  met 
privately  in  1996  with  detainee  Abbas  Amir  Entezam,  a  former  deputy  minister  in 
the  government  of  Prime  Minister  Mehdi  Bazargan.  Amir  Entezam  reported  that 
the  conditions  in  Evin  prison  improved  after  1989,  but  that  political  prisoners  still 
were  housed  with  violent  criminals  and  denied  regular  family  visits.  Amir  Entezam 
claimed  that  he  was  beaten  so  severely  that  he  lost  the  hearing  in  his  left  ear.  There 
is  no  indication  that  conditions  in  the  prisons  have  improved  substantially  since 
Copithorne's  visit. 

The  Government  does  not  permit  unrestricted  visits  to  imprisoned  dissidents  by 
human  rights  monitors.  During  the  1996  visit  the  U.N.  Special  Representative  was 
not  able  to  see  all  the  dissidents  he  asked  to  see. 

In  September  1994,  the  International  Committee  of  the  Red  Cross  (ICRC)  issued 
a  report  on  "unresolved  humanitarian  issues"  from  the  Iran-Iraq  war.  The  ICRC 
noted  that  the  Government  failed  to  identify  combatants  killed  in  action  and  failed 
to  exchange  information  on  those  killed  or  missing.  The  report  criticized  the  Govern- 
ment for  obstructing  ICRC  efforts  to  register  and  repatriate  prisoners  of  war 
(POW's).  The  ICRC  estimated  in  August  that  more  than  13,000  Iraqi  POWs  had  not 


1442 

been  repatriated.  Iran  released  46  POW's  in  September  in  what  it  called  a  humani- 
tarian gesture.  In  late  November,  Iran  released  500  Iraqi  POW's,  describing  it  as 
a  "philanthropic"  action.  The  governments  of  Iran  and  Iraq  made  little  progress  dur- 
ing the  year  on  resolving  the  issue  of  those  missing  in  action. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Although  the  Constitution  prohibits  arbi- 
trary arrest  and  detention,  it  remains  a  problem.  There  is  reportedly  no  legal  time 
limit  on  incommunicado  detention,  nor  any  judicial  means  to  determine  the  legality 
of  detention.  Suspects  may  be  held  for  questioning  in  jails  or  in  local  Revolutionary 
Guard  offices. 

The  security  forces  often  do  not  inform  family  members  of  a  prisoner's  welfare  and 
location.  Even  if  these  circumstances  are  known,  the  prisoner  still  may  be  denied 
visits  by  family  and  legal  counsel.  In  addition,  families  of  executed  prisoners  do  not 
always  receive  notification  of  the  prisoner's  death.  Those  that  do  receive  such  infor- 
mation may  be  forced  to  pay  the  Government  to  retrieve  the  body  of  their  relative. 

On  December  14,  Ebrariim  Yazdi,  Secretary-General  of  the  Freedom  Movement 
(IFM)  since  1995,  was  arrested  on  unknown  charges  and  detained  in  Evin  prison 
in  Tehran.  Yazdi  was  Minister  of  Foreign  Affairs  for  the  Islamic  Republic's  first  gov- 
ernment after  the  1979  revolution.  He  tried  to  run  in  recent  presidential  and  par- 
liamentary elections  but  was  denied  permission  by  the  regime.  Yazdi  had  made  pub- 
lic statements  that  may  have  been  considered  insulting  to  the  Supreme  Leader  and 
joined  some  50  others  in  signing  an  open  letter  to  President  Khatami  urging  the 
regime  to  respect  the  rights  of  dissident  clerics.  He  was  released  on  December  25, 
but  faces  charges  of  "desecrating  religious  sanctities,"  according  to  press  reports. 

Although  the  Government  claimed  to  have  released  Abbas  Amir  Entezam  early 
in  1996,  he  is  still  detained.  Initially  arrested  in  1979  on  charges  of  espionage  and 
condemned  to  life  in  prison,  he  is  now  held  under  house  arrest. 

Adherents  of  the  Baha'i  faith  continue  to  face  arbitrary  arrest  and  detention.  The 
Government  appears  to  adhere  to  a  practice  of  keeping  a  small  number  of  Baha'is 
in  detention  at  any  given  time.  According  to  the  Special  Representative  and  Baha'i 
groups,  at  least  21  Baha'is  are  currently  in  Iranian  prisons,  including  2  men  con- 
victed of  apostasy  and  sentenced  to  death.  Two  other  Baha'i  men  are  in  prison  and 
sentenced  to  death  for  espionage  and  Zionist  activities.  Eleven  Baha'is  were  arrested 
between  May  and  Decemoer,  two  on  unknown  charges,  one  for  proselytizing  a  Mus- 
lim, four  for  holding  Baha'i  meetings,  and  four  for  working  without  permits  (see  Sec- 
tion 2.C.). 

Although  reliable  statistics  are  not  available,  observers  believe  that  scores  or  hun- 
dreds of  Iranians  are  currently  imprisoned  for  their  political  beliefs. 

The  Government  does  not  use  forced  exile,  but  many  dissidents  leave  Iran  because 
they  feel  threatened.  Amnesty  International  reported  in  June  that  at  least  three  dis- 
sident senior  religious  figures  have  been  held  under  house  arrest.  The  clerics  in- 
clude Ayatollah  Hassan  Tabataei-Qomi,  under  house  arrest  for  more  than  13  years; 
AyatoUah  Mohammad  SadeqRowhani,  under  house  arrest  for  more  than  12  years; 
and  Ayatollah  Yasub  al-Din  Rastgari,  under  house  arrest  since  late  1996.  Addition- 
ally, the  ayatoUahs'  followers  reportedly  have  been  detained  and  tortured. 

e.  Denial-  of  Fair  Public  Trial. — The  court  system  is  not  independent  and  is  sub- 
ject to  government  and  religious  influence. 

Iran  has  two  court  systems:  The  traditional  courts,  which  adjudicate  civil  and 
criminal  offenses;  and  the  Islamic  Revolutionary  Courts,  established  in  1979  to  try 
political  offenses,  narcotics  crimes,  and  "crimes  against  God." 

Many  aspects  of  the  prerevolutionary  judicial  system  survive  in  the  civil  and 
criminal  courts.  For  example  defendants  have  the  right  to  a  public  trial,  may  choose 
their  own  lawyer,  and  have  the  right  of  appeal.  Trials  are  adjudicated  by  panels  of 
judges.  There  is  no  jury  system.  If  a  situation  is  not  addressed  by  statutes  enacted 
after  the  1979  revolution,  the  Government  advises  judges  to  give  precedence  to  Is- 
lamic law  rather  than  rely  on  statues  enacted  during  the  Shah's  regime.  The  courts 
are  subject  to  political  innuence.  The  Revolutionary  Courts  may  consider  cases  nor- 
mally in  the  jurisdiction  of  the  civil  and  criminal  courts,  and  also  may  overturn 
their  decisions.  Criteria  for  assigning  cases  to  either  system  of  courts  appear  to  be 
arbitrary  and  unsystematic.  The  Supreme  Court  has  limited  authority  to  review 
cases. 

Trials  in  the  Revolutionary  Courts  are  not  fair.  A  law  authorizes  judges  to  act  as 
prosecutor  and  judge  in  the  same  case,  and  judges  are  appointed  for  their  ideological 
beliefs.  Often,  pretrial  detention  is  prolonged  and  defendants  lack  access  to  attor- 
neys. When  legal  help  is  available,  attorneys  are  rarely  given  time  to  prepare  an 
effective  defense.  Indictments  are  often  for  undefined  offenses  such  as 
"antirevolutionary  behavior,"  "moral  corruption,"  and  "siding  with  global  arrogance." 
Defendants  do  not  have  the  right  to  confront  their  accusers  or  to  appeal.  Secret  or 
summary  trials  of  5  minutes  are  not  uncommon.  Others  are  show  trials  intended 


1443 

to  highlight  a  coerced  public  confession.  A  women's  testimony  is  worth  only  half  that 
of  a  man  making  it  difiicult  for  a  woman  to  prove  a  case  against  a  male  defendant. 
In  addition,  the  families  of  female  victims  of  violent  crime  reportedly  must  pay  the 
assailant's  court  costs. 

The  Government  often  charges  members  of  religious  minorities  with  crimes  such 
as  drug  offenses  or  apostasy.  Ayatollah  Mohammad  Yazdi,  the  head  of  the  judiciary, 
stated  in  1996  that  Baha'ism  was  an  espionage  organization.  In  January  it  was 
learned  that  the  Supreme  Court  of  Iran  had  confirmed  the  death  sentences  against 
Zabihullah  Mahrami  and  Musa  Talabi,  two  Baha'is  convicted  of  apostasy  (see  Sec- 
tions 2.C.  and  5).  In  January  HedayatoUah  Zendehdel,  a  Jewish  businessman  who 
converted  to  Islam,  was  hanged,  having  been  charged  in  July  1996  with  espionage 
and  economic  fraud  during  the  1980-88  Iran-Iraq  war. 

No  estimates  are  available  on  the  number  of  political  prisoners.  However,  the 
Government  often  arrests  persons  on  questionable  criminal  charges,  usually  drug 
trafficking  or  espionage,  when  their  actual  "offenses"  are  political. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  states  that  "reputation,  life,  property,  (and)  dwelling(s)''  are  protected 
from  trespass  except  as  "provided  by  law."  However,  security  forces  enter  homes  and 
offices,  monitor  telephone  conversations,  and  open  mail  without  court  authorization. 

The  Basijis,  other  security  forces,  and  the  Ansar-e  Hezbollah  monitor  the  social 
activities  of  citizens.  Such  organizations  may  harass  or  arrest  women  whose  clothing 
does  not  cover  the  hair  and  all  of  the  body  except  the  hands  and  face,  or  those  who 
wear  makeup.  Vigilante  violence  may  include  attacks  on  young  people  believed  to 
be  too  foreign  in  their  dress  or  activities,  invading  private  homes,  and  abusing  un- 
married couples.  Women  also  have  been  beaten  if  caught  without  proper  clothing 
in  public  or  in  private  houses  when  men  are  present.  Enforcement  appears  to  be 
very  arbitrary,  varying  widely  with  the  political  climate  and  the  individuals  in- 
volved. 

In  the  past,  prison  guards  have  intimidated  family  members  of  detainees  (see  Sec- 
tion I.e.).  Iranian  opposition  figures  living  abroad  have  reported  harassment  of  their 
relatives  in  Iran. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  the  freedom  of  the 
press,  except  when  published  ideas  are  "contrary  to  Islamic  principles,  or  are  det- 
rimental to  public  rights."  In  practice  the  Government  restricts  freedom  of  speech 
and  the  press.  However,  since  his  August  inauguration.  President  Khatami  has  pub- 
licly stated  his  intention  to  loosen  constraints  on  freedom  of  expression,  and  some 
signs  of  this  have  been  observed. 

The  Government  exerts  strong  control  over  most  media,  particularly  publications. 
Some  newspaf>ers  are  associated  with  factions  in  the  Government.  They  reflect  dif- 
ferent views  and  criticize  the  Government,  but  are  prohibited  from  criticizing  the 
concept  of  velayat-e  faqih,  or  rule  by  a  supreme  religious  leader,  or  from  promoting 
the  rights  of  ethnic  minorities. 

Complaints  against  journalists,  editors,  and  publishers  are  frequently  levied  by 
public  officials  and  even  rival  publications,  and  the  offending  writer  is  often  subject 
to  a  trial,  with  fines,  suspension  from  journalistic  activities,  lashings,  and  imprison- 
ment being  common  punishments  if  found  guilty  of  offenses  ranging  from  propa- 
ganda against  the  State  to  insulting  the  leadership  of  the  Islamic  Republic.  Ansar- 
e  Hezbollah  have  in  the  past  attacked  the  offices  of  liberal  publications  and  book- 
stores without  interference  from  the  police  or  prosecution  by  the  courts. 

The  record  on  freedom  of  expression  has  been  mixed  this  year.  President  Khatami 
has  publicly  stated  his  intention  to  loosen  constraints  on  freedom  of  expression,  and 
in  October,  after  his  inauguration,  it  was  reported  that  a  year-long  ban  on  the  Ira- 
nian-Armenian monthly  Araz  had  been  lifted.  The  journal  was  to  resume  publication 
in  Tehran  with  the  support  of  the  Ministry  of  Islamic  Culture  and  Guidance.  Also 
in  October,  the  2V2-year  ban  on  Jahan-e  Eslam  newspaper  was  lifted,  and  the  Min- 
istry of  Culture  and  Islamic  Guidance  blocked  the  reissue  of  the  blacklist  Hoviyyat, 
citing  it  as  hostile  to  Iranian  intellectuals.. 

Faraj  Sarkuhi,  a  magazine  editor  who  had  been  critical  of  the  Government  and 
who  disappeared  in  November  1996  while  traveling  to  Germany,  reappeared  in  Iran 
in  late  December  1996.  He  was  subsequently  arrested  and  detained  in  February  on 
charges  of  espionage  and  attempting  to  leave  the  country  illegally.  Sarkuhi  was  de- 
nied permission  to  meet  with  lamily  members,  lawyers,  or  foreign  diplomats  who 
requested  to  see  him,  according  to  Human  Rights  Watch.  In  September  he  was  con- 
victed of  "spreading  antigovernment  propaganda"  and  sentenced  to  a  year  in  jail, 
including  time  already  served.  This  sentence,  lighter  than  some  observers  had  ex- 


1444 

pected,  was  variously  interpreted  as  being  influenced  by  Khatami's  emphasis  on 
openness,  or  by  strong  international  pressure  on  Sarkuhi's  behalf. 

Despite  Khatami's  public  commitment  to  increased  openness,  many  constraints  re- 
main. In  particular,  criticism  of  the  Supreme  Leader  or  of  the  principle  of  rule  by 
a  religious  leader  tend  to  generate  a  stem,  immediate  response  from  the  Govern- 
ment. In  November,  Ayatollah  Hossein  Ali  Montazeri  called  into  question  the  Su- 
preme Leader's  authority.  In  the  past,  Khamenei  had  been  attacked  by  other  clerics 
on  the  px)unds  that  he  does  not  f>ossess  sufficient  religious  credential  to  serve  as 
the  senior  Iranian  religious  authority.  Montazeri's  remarks  sparked  attacks  on  his 
residence  by  Ansar-e  Hezbollah  mobs.  These  events  prompted  Ebrahim  Yazdi  and 
49  others  to  issue  an  open  letter  calling  for  the  Government  to  respect  Montazeri's 
rights  (see  Section  2.d.).  Montazeri  remains  under  house  arrest. 

At  least  nine  publications  were  banned  during  the  year,  most  before  Khatami's 
inauguration.  In  March  the  Esfahan-based  cultural  magazine,  Zayendeh  Rud,  was 
closed  down.  No  reason  was  cited  for  this  action.  In  May  Ya  Sarat  al-Hoseyn  was 
banned  for  insulting  then-candidate  Khatami,  who  had  initially  lodged  the  com- 
plaint against  the  publication.  In  July  Sobh  magazine  was  suspended  for  a  month 
after  its  publisher  was  accused  of  scandalous  reporting.  In  a  July  letter  published 
in  a  newspaper,  publisher  and  writer  Abdolkarim  Soroush  confirmed  that  he  had 
been  banned  from  leaving  the  country  and  that  his  passport  had  been  confiscated. 
In  November  Ansar-e  Hezbollah  thugs  attempted  to  break  up  at  least  one  of 
Soroush's  lectures. 

The  Ministry  of  Islamic  Culture  and  Guidance  is  also  charged  with  vetting  books 
prior  to  publication  to  ensure  that  thev  do  not  contain  offensive  material.  However, 
some  books  and  pamphlets  critical  of  the  Government  are  published  without  re- 
prisal. It  was  announced  in  July  that  regulations  on  book  censorship  would  be  made 
available  to  publishers  to  help  them  "overcome  potential  problems  more  easily."  The 
Ministry  inspects  foreign  printed  materials  prior  to  their  release  on  the  market. 

Human  Rights  Watch  reports  that  in  January  Karamollah  Tavahodi,  a  Kurdish 
writer  living  in  Mashhad,  was  detained  and  sentenced  to  1  year  in  prison  because 
of  the  content  of  one  of  the  volumes  of  his  work,  "The  Historical  Movement  of  Kurds 
in  Khorassan."  The  book  had  been  banned  prior  to  his  detention. 

Government  restrictions  on  the  film  industry  were  tightened  during  the  year.  In 
August  new  regulations  were  announced  requiring  that  film  producers  get  official 
permission  before  they  can  sell  international  distribution  rights  to  their  films.  Films 
produced  in  Iran  already  needed  Ministry  approval  before  they  could  be  produced 
or  screened.  However,  the  Foreign  Ministry  intervened  in  May  to  overturn  a  ban 
imposed  by  the  Ministry  of  Islamic  Culture  and  Guidance  on  Abbas  Kiarostami's 
"The  Taste  of  the  Cherry,"  so  that  it  could  be  shown  at  the  Cannes  Film  Festival. 
In  addition,  since  Khatami's  inauguration,  the  Government  has  released  at  least 
two  previously-banned  films  despite  the  protests  of  religious  conservatives. 

The  Government  owns  all  broadcasting  facilities,  and  their  programming  reflects 
its  political  and  socio-religious  ideology. 

The  Government  took  no  action  to  repudiate  the  fatwa,  or  religious  ruling,  calling 
for  the  murder  of  British  author  Salman  Rushdie  or  anyone  associated  with  his 
book,  "The  Satanic  Verses."  Also,  the  Government  has  failed  to  demand  that  the  15 
Khordad  Foundation  rescind  the  bounty  olTered  for  Rushdie's  murder.  Moreover,  it 
was  announced  by  the  head  of  the  15  Khordad  Foundation,  Ayatollah  Sane'i,  a 
member  of  the  council  of  senior  clerics  that  oversees  legislation,  that  anyone  who 
carried  out  the  execution  of  Rushdie  during  the  10-day  Dawn  of  the  Victory  of  the 
Islamic  Revolution  would  receive  an  increased  bounty;  after  the  10-day  period,  the 
bounty  was  decreased  to  its  former  amount. 

Academic  censorship  persists.  In  his  1996  interim  report  the  U.N.  Special  Rep- 
resentative noted  the  existence  of  a  campaign  to  bring  about  the  "Islamization  of 
the  universities,"  which  seemed  to  be  a  movement  to  purge  persons  "who  fight 
against  the  sanctities  of  the  Islamic  system." 

Government  informers  are  said  to  be  common  on  university  campuses  and  mon- 
itor classroom  material.  Admission  to  universities  is  politicized;  all  applicants  must 
pass  "character  tests"  in  which  officials  screen  out  applicants  critical  of  the  Govern- 
ment's ideology.  To  achieve  tenure,  professors  must  cooperate  with  government  au- 
thorities over  a  period  of  years. 

An  academic,  HabiboUah  Peyman,  was  not  allowed  to  leave  the  country  in  Feb- 
ruary. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  permits  as- 
semblies and  marches  "provided  they  do  not  violate  the  principles  of  Islam."  In  prac- 
tice, the  Government  restricts  freedom  of  assembly.  The  Special  Representative  in 
1996  noted  the  tendency  of  government  police  and  military  forces  not  to  intervene 
when  Ansar-e  Hezbollah  attempted  to  break  up  opposition  or  cultural  gatherings. 


1445 

The  Constitution  provides  for  the  establishment  of  political  parties,  professional 
associations,  and  religious  groups  provided  that  they  do  not  violate  the  principles 
of  "freedom,  sovereignty,  and  national  unity,"  or  question  Islam  or  the  Islamic  Re- 
public. In  practice,  most  independent  organizations  are  banned,  co-opted  by  the  Gov- 
ernment, or  moribund. 

c.  Freedom  of  Religion. — The  Constitution  declares  that  the  "official  religion  of 
Iran  is  Islam  and  the  sect  followed  is  Ja'fari  Shi'ism."  It  also  states  that  "other  Is- 
lamic denominations  shall  enjoy  complete  respect,"  and  specifically  mentions  "pro- 
tected religious  minorities'  including  Jews,  Christians,  and  Zoroastrians.  However, 
the  Government  restricts  freedom  of  religion,  particularly  for  those  religious  minori- 
ties not  recognized  by  the  Constitution.  The  Government  is  profoundly  influenced 
by  Shi'a  Islam.  The  President  and  many  top  officials,  including  the  Speaker  of  the 
Parliament  and  many  parliamentary  deputies,  are  Shi'a  clergymen. 

Approximately  90  percent  of  the  population  are  Shi'a  Mushms.  Aside  from  slightly 
over  1  percent  who  are  not  Muslims,  the  rest  of  the  population  are  Sunni  Muslims, 
drawn  largely  from  Kurdish,  Arab,  Turkoman,  Baluchi,  and  other  ethnic  minorities. 

Christians,  Jews,  and  Zoroastrians  are  legally  permitted  to  practice  their  religion 
and  instruct  their  children,  but  may  not  proselytize  Muslims.  The  Gfovemment 
interferes  with  the  administration  of  their  schools,  and  harassment  by  government 
officials  is  common  (see  Section  5). 

Oppression  of  evangelical  Christians  continued  in  1997.  In  January  two  visiting 
Christian  evangelists,  Daniel  Baumann  and  Stuart  Timm,  were  arrested  and  de- 
tained under  suspicion  of  espionage,  a  charge  often  levied  against  persons  who  pros- 
elytize. Both  eventually  were  released  without  having  been  charged. 

In  January  HedayatoUah  Zendehdel,  a  Jewish  businessman  who  converted  to 
Islam,  was  hanged,  having  been  charged  in  July  1996  with  espionage  and  economic 
fraud  during  the  1980-88  Iran-Iraq  war.  Zendehdel  is  widely  oelieved  to  have  been 
targeted  because  he  was  a  wealthy  member  of  the  Jewish  community. 

The  Government  regards  the  Baha'i  community,  with  300,000  to  350,000  mem- 
bers, as  a  "misguided  sect."  Baha'is  may  not  teach  or  practice  their  faith  or  main- 
tain links  with  coreligionists  abroad.  The  Government  appears  to  adhere  to  a  prac- 
tice of  keeping  a  small  number  of  Baha'is  in  arbitrary  detention  at  any  given  time. 
According  to  the  Special  Representative,  at  least  12  Baha'is  are  currently  in  Iranian 
prisons,  including  2  men  sentenced  to  death  for  apostasy  and  two  others  sentenced 
to  death  for  espionage.  Two  Bahai  men  reportedly  died  in  circumstances  that  led 
some  observers  to  believe  that  the  men  were  killed  because  of  their  religious  beliefs 
(see  Section  l.a.). 

The  Government  continues  to  persecute  Baha'is.  Broad  restrictions  on  the  Baha'is 
appear  to  be  geared  to  destroying  them  as  a  community  (see  Section  5).  For  exam- 
ple, Baha'i  marriages  are  not  recognized  by  the  Government,  leaving  Baha'i  women 
open  to  charges  of  prostitution.  Children  of  Baha'i  marriages  are  not  recognized  as 
legitimate  and,  therefore,  are  denied  inheritance  rights.  Baha'i  sacred  and  historical 

groperties  have  been  systematically  confiscated  and  some  have  been  destroyed, 
rroup  meetings  and  religious  education  are  severely  curtailed.  Universities  continue 
to  deny  admittance  to  Baha'i  students.  Baha'is  regularly  are  denied  compensation 
for  injury  or  criminal  victimization.  Government  authorities  claim  that  only  Muslim 
plaintiffs  are  eligible  for  compensation  in  these  circumstances.  Baha'is  are  prohib- 
ited from  government  employment.  A  1993  law  prohibitsgovernment  workers  from 
membership  in  groups  that  deny  the  "divine  religions."  The  Government  uses  such 
terminology  to  describe  members  of  the  Baha'i  mith.  The  law  also  stipulates  pen- 
alties for  government  workers  who  do  not  observe  "Islamic  principles  and  rules." 

The  Government  often  charges  members  of  religious  minorities  with  crimes  such 
as  drug  offenses  or  apostasy  (see  Section  l.d.) 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  may  travel  to  any  part  of  Iran,  although  there  have  been  re- 
strictions on  travel  to  Kurdish  areas  during  times  of  heavy  fighting.  There  were  no 
reports  of  heavy  fighting  in  these  areas  in  1997.  Citizens  may  change  their  place 
of  residence  without  obtaining  official  permission.  The  Government  requires  exit 
permits  for  draft-age  males  and  citizens  who  are  politically  suspect.  Some  citizens, 
particularly  those  whose  skills  are  in  short  supply  and  who  were  educated  at  gov- 
ernment expense,  must  post  bonds  to  obtain  exit  permits. 

The  Government  permits  Jews  to  travel  abroad,  but  often  denies  them  the  mul- 
tiple-exit permits  normally  issued  to  other  citizens.  The  Government  does  not  nor- 
mally permit  all  members  of  a  Jewish  family  to  travel  abroad  at  the  same  time.  Ba- 
ha'is often  experience  difliculty  getting  passports.  The  Government  prevented  at 
least  one  academic  from  leaving  the  country  (see  Section  2. a.). 

The  Government  and  the  LTN.  High  Commissioner  for  Refugees  (UNHCR)  esti- 
mate that  there  are  approximately  1.3  million  Afghan  refugees  in  Iran.  Of  this  total. 


1446 

only  about  21,800  are  accommodated  in  refugee  camps  administered  by  the  Govern- 
ment. The  rest  live  seminomadic  lives  or  reside  in  settlements.  In  1996  about  8,000 
refugees  repatriated  to  Afghanistan;  none  were  repatriated  in  1997.  This  was  far 
fewer  than  the  UNHCR  had  predicted  would  return  and  resulted  from  continued  in- 
stability in  Afghanistan. 

The  UNHCR  estimates  that  there  are  about  580,000  Iraqi  Kurdish  and  Shi'a  Mus- 
lim refugees  in  Iran  who  were  displaced  by  the  Gulf  War.  There  were  no  substantial 
changes  in  the  population  of  Kurdish  refugees  in  Iran  in  1997.  Most  Kurdish  refu- 
gees who  fled  fighting  in  northern  Iraq  in  1996  have  returned  there. 

The  Government  generally  cooperates  with  the  UNHCR  and  other  humanitarian 
organizations  in  assisting  refugees.  Although  the  Government  generally  provides 
first  asylum  (and  provided  it  to  a  large  number  of  Afghan  and  Iraqi  refugees),  there 
have  been  instances,  most  recently  in  1996,  where  pressure  was  applied  to  force  ref- 
ugees to  return  to  their  home  countries. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  right  of  citizens  to  change  their  government  is  severely  compromised  by  the 
leadership  of  the  Government.  The  Supreme  Leader,  who  exercises  decisive  power, 
is  not  elected  and  cannot  be  removed.  The  Government  efTectively  manipulates  the 
electoral  system  to  its  advantage.  There  is  no  separation  of  state  and  religion,  and 
clerics  dominate  all  branches  of  government.  The  Government  represses  any  move- 
ment seeking  to  separate  state  and  religion,  or  to  alter  the  State's  existing  theo- 
cratic foundation.  The  selection  of  candidates  for  elections  is  effectively  controlled 
by  the  ruling  clerics. 

The  Constitution  provides  for  a  Council  of  Guardians  composed  of  six  Islamic  cler- 
gymen and  six  lay  members  who  review  all  laws  for  consistency  with  Islamic  law 
and  the  Constitution.  The  Council  also  screens  political  candidates  for  ideological 
and  religious  suitability.  It  accepts  only  candidates  who  support  a  theocratic  state, 
but  clerics  who  disagree  with  government  policies  also  have  been  disqualified. 

Regularly  scheduled  elections  are  held  for  the  President,  members  of  the  Majles, 
and  members  of  the  Assembly  of  Experts,  a  body  responsible  for  selecting  the  suc- 
cessor to  the  Supreme  Leader.  The  decisions  of  the  Majles  are  reviewed  by  the 
Council  of  Guardians,  which  must  approve  legislation  before  it  enters  into  force. 
Vigorous  parliamentary  debates  take  place  on  various  issues.  Most  deputies  are  as- 
sociated with  powerful  political  and  religious  officials,  but  often  vote  independently 
and  shift  from  one  faction  to  another. 

A  new  president  was  elected  in  May.  The  Interior  ministry  estimated  that  over 
90  percent  of  the  eligible  population  voted  in  the  May  presidential  election.  During 
the  campaign,  there  was  considerable  government  intervention  and  censorship.  The 
Council  of  Guardians  reviewed  238  candidates,  including  a  women,  but  only  allowed 
4  individuals  to  run.  Three  were  clerics;  all  were  men.  Seyyed  Mohammad  Khatami 
garnered  nearly  70%  of  the  vote,  his  greatest  support  coming  from  the  middle  class, 
youth,  minorities,  and  women. 

The  election  results  were  particularly  notable  because  Khatami  was  not  the  re- 
gime's preferred  candidate.  In  a  break  with  precedent.  Supreme  Leader  Khamenei 
let  it  be  known  that  he  preferred  Majles  Speaker  Ali  Akbar  Nateq-Nuri.  Prayer 
leaders  also  supported  Nateq-Nuri  in  their  sermons.  The  regime  attempted  to  censor 
public  debate  by  restricting  the  campaign  coverage  of  some  technocratic  and  modem 
left  publications,  particularly  the  pro-Khatami  daily,  Salam.  As  the  election  neared, 
Khatami  was  evicted  from  his  campaign  headquarters.  Despite  the  regime's  clear 
preference  for  Nateq-Nuri,  the  election  results  were  not  disputed,  and  the  regime 
does  not  appear  to  have  engaged  in  election  fraud — possibly  due  to  Khatami's  early 
and  overwhelming  lead.  The  results  appear  to  indicate  that  citizens  demanded 
change  within  the  limits  allowed  by  government  control  of  the  electoral  process. 

The   CJovemment  continued  in  early   1997  to  nullify  election  results  from  the 

Ering  1996  Majles  elections  in  several  districts,  including  Malayer,  Astara,  and 
ifahan.  Women  are  underrepresented  in  government.  They  hold  only  13  of  270 
Majles  seats,  and  there  are  no  female  cabinet  members.  President  Khatami  ap- 
pointed the  first  female  vice  president  since  the  1979  Islamic  Revolution,  Masoumeh 
Ebtekar,  following  his  in  auguration.  Minister  of  Culture  and  Islamic  Guidance 
Ata'ollah  Mohajerani  appointed  a  second  woman  to  a  senior  post,  Azam  Nouri,  when 
he  chose  her  in  August  as  his  deputy.  A  woman  was  also  appointed  as  a  district 
mayor  of  Tehran. 

Christians,  Jews,  and  Zoroastrians  elect  deputies  to  reservedd  Majles  seats. 


1447 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  continued  to  repress  local  human  rights  groups.  In  1996  the 
Government  established  a  human  rights  committee  in  tne  Majles  and  a  human 
rights  commission  in  the  judiciary,  but  observers  believe  that  they  lack  independ- 
ence. The  ICRC  and  the  UNHCR  both  operate  in  Iran. 

In  1997  the  Government  did  not  allow  U.N.  Special  Representative  for  Human 
Rights  in  Iran,  Mr.  Copithome,  to  visit  the  country,  and  complained  that  his  annual 
report  to  the  U.N.  Human  Rights  Commission  was  biased.  Iran  denies  the  uni- 
versality of  human  ri^ts  and  has  stated  that  separate  "Islamic"  standards  of 
human  rights  should  apply  to  Islamic  countries. 

La  April  a  Foreign  Ministry  spokesman  complained  that  Copithome  had  exploited 
the  goodwill  of  the  Government  and  published  lies  and  rumors  in  his  reports.  The 
spokesman  also  claimed  that  the  issue  of  human  rights  was  being  used  as  a  political 
tool  and  was  manipulated  by  Zionist  and  foreign  interests.  Although  the  Special 
Representative  reported  that  the  Government  was  generally  cooperative  during  his 
February  1996  visit,  following  the  release  of  his  findings  he  was  refused  permission 
to  go  back  to  Iran  in  late  1996  and  early  1997  to  gather  fresh  material  for  an  up- 
dated review.  In  his  October  report,  Copithome  stated  that  he  was  disappointed  by 
the  difficulty  in  getting  information  from  the  Government  on  specific  cases. 

A  newspaper  close  to  the  regime  advised  that  allowing  members  of  the  UNHRC 
to  visit  Iran  would  "in  fact  enable  them  to  abuse  Iran's  goodwill  to  publish  their 
pre-planned  reports,"  and  further  stated  that  the  criteria  for  assessing  human  rights 
'should  undergo  a  drastic  change." 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

In  general  the  Government  does  not  discriminate  on  the  basis  of  race,  disability, 
language,  or  social  status.  The  Government  does  discriminate  on  the  basis  of  reli- 
gion and  sex. 

Women. — Although  domestic  violence  is  known  to  occur,  little  is  known  about  its 
extent.  Abuse  in  the  family  is  considered  a  private  matter  and  seldom  discussed 
publicly.  There  are  no  official  statistics  on  the  subject. 

Discrimination  against  women  has  increased  since  the  revolution.  In  general 
women  suffer  discrimination  in  the  legal  code,  particularly  in  family  and  property 
matters.  It  is  difficult  for  many  women,  particularly  those  residing  outside  large 
cities,  to  obtain  any  legal  redress.  Under  tne  legal  system,  a  woman  s  testimony  as 
a  witness  is  worth  only  half  that  of  a  man,  (see  Section  I.e.) 

Although  women  may  be  educated  and  employed  in  the  professions,  social  con- 
straints tend  to  inhibit  their  opportunities.  Illiteracy  and  lack  of  university  degrees 
also  affect  their  standing.  The  enforcement  of  conservative  Islamic  dress  codes  has 
varied  considerably  since  the  death  of  Ayatollah  Khomeini  in  1989.  Such  dress  codes 
persist,  although  reports  from  human  rights  organizations  and  individual  citizens 
indicate  that  enforcement  varies  with  the  political  climate  and  the  location.  Women 
are  often  subject  to  harassment  by  the  Ansar-e  Hezbollah  or  the  authorities  if  their 
dress  or  behavior  is  considered  inappropriate. 

Under  legislation  passed  in  1983,  women  have  the  right  to  divorce,  and  regula- 
tions promulgated  in  1984  substantially  broadened  the  grounds  on  which  a  woman 
may  seek  a  divorce.  However,  a  husband  is  not  required  to  cite  a  reason  for  divorc- 
ing his  wife.  In  1986  the  Majles  passed  a  12-article  law  on  marriage  and  divorce 
that  limited  the  privileges  accorded  to  men  by  custom  and  traditional  interpreta- 
tions of  Islamic  law.  The  1986  law  also  recognized  divorced  women's  rights  to  a 
share  of  the  property  that  couples  acquire  during  their  marriage  and  increased  ali- 
mony rights. 

Although  the  Government  permitted  women  to  attain  the  rank  of  judge  in  1995 
for  the  first  time  since  the  1979  revolution,  until  May  they  were  not  allowed  to  issue 
judicial  verdicts.  They  may  now  do  so,  but  only  in  cases  relevant  to  women. 

Children. — Most  children  have  access  to  education  through  the  12th  grade,  and 
to  some  form  of  health  care.  There  is  no  known  pattern  of  child  abuse. 

People  With  Disabilities. — There  is  no  available  information  regarding  whether 
the  Government  has  legislated  or  otherwise  mandated  accessibility  for  the  disabled. 
However,  the  Cable  News  Network  reported  in  1996  on  the  harsn  conditions  in  an 
institution  for  retarded  children  who  had  been  abandoned  by  their  parents.  The  film 
showed  children  tied  or  chained  to  their  beds,  in  filthy  conditions,  without  appro- 
priate care.  It  is  not  known  to  what  extent  this  represents  the  typical  treatment  of 
the  disabled  in  Iran. 

Religious  Minorities. — The  Christian,  Jewish,  Zoroastrian,  and  Baha'i  minorities 
sufiier  varying  degrees  of  ofiicially  sanctioned  discrimination,   particularly  in  the 


45-909    98-47 


1448 

areas  of  employment,  education,  and  public  accommodations  (see  Section  2.d.).  Mus- 
lims who  convert  to  Christianity  also  suffer  discrimination. 

University  applicants  are  required  to  pass  an  examination  in  Islamic  theology.  Al- 
though public-school  students  receive  instruction  in  Islam,  this  requirement  limits 
the  access  of  most  religious  minorities  to  higher  education.  Applicants  for  public-sec- 
tor employment  are  similarly  screened  for  their  adherence  to  Islam. 

Religious  minorities  suffer  discrimination  in  the  legal  system,  receiving  lower 
awards  in  iinury  and  death  lawsuits,  and  incurring  heavier  punishments  than  Mus- 
lims. Sunni  Muslims  encounter  religious  discrimination  at  the  local  level. 

In  1993  the  U.N.  Special  Representative  reported  the  existence  of  a  government 
policy  directive  on  the  Baha'is.  According  to  the  directive,  the  Supreme  Revolution- 
ary Council  instructed  government  agencies  to  block  the  progress  and  development 
of  the  Baha'i  community,  expel  Baha'i  students  from  universities,  cut  the  Baha'is' 
links  with  groups  outside  Iran,  restrict  the  employment  of  Baha'is,  and  deny  Baha'is 
"positions  of  influence,"  including  those  in  education.  The  Grovemment  claims  that 
the  directive  is  a  forgery.  However,  it  appears  to  be  an  accurate  reflection  of  current 
government  practice. 

Property  belonging  to  the  Baha'i  community  as  a  whole,  such  as  places  of  worship, 
remains  confiscated.  Other  government  restrictions  have  been  eased,  so  that  Baha'is 
may  currently  obtain  food  ration  booklets  and  send  their  children  to  public  schools. 
However,  the  prohibition  against  the  admission  of  Baha'is  to  universities  appears 
to  be  enforced.  Thousands  of  Baha'is  dismissed  from  government  jobs  in  the  early 
1980's  receive  no  unemployment  benefits  and  have  been  required  to  repay  the  Gov- 
ernment for  salaries  or  pensions  received  from  the  first  day  of  employment.  Those 
unable  to  do  so  face  prison  sentences  (see  Sections  l.d.  and  2.c.). 

National  I  Racial  I  Ethnic  Minorities. — The  Kurds  seek  greater  autonomy  and  con- 
tinue to  suffer  from  government  discrimination. 

In  February  the  Special  Representative  contacted  the  Government  on  two  occa- 
sions regarding  questionable  detentions  of  persons  reported  to  be  sympathetic  to 
Azeri  nationalism. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^Although  the  Labor  Code  ^ants  workers  the  ri^t 
to  establish  unions,  there  are  no  independent  unions.  A  national  organization  known 
as  the  Worker's  House,  founded  in  1982,  is  the  sole  authorized  national  labor  orga- 
nization. It  serves  primarily  as  a  conduit  for  the  Government  to  exert  control  over 
workers.  The  leadership  of  the  Worker's  House  coordinates  activities  with  Islamic 
labor  councils,  which  are  organized  in  many  enterprises.  These  councils  also  func- 
tion as  instruments  of  government  control,  although  they  have  frequently  been  able 
to  block  layoffs  and  dismissals.  Moreover,  a  network  of  government-backed  guilds 
issues  vocational  licenses,  funds  financial  cooperatives,  and  helps  workers  find  jobs. 

The  Government  does  not  tolerate  any  strike  deemed  to  be  at  odds  with  its  eco- 
nomic and  labor  policies.  In  1993  the  Parliament  passed  a  law  that  prohibits  strikes 
by  government  workers.  It  also  prohibits  government  workers  from  having  contacts 
with  foreigners  and  stipulates  penalties  for  failure  to  observe  Islamic  dress  codes 
and  principles  at  woric. 

In  February  oil  refinery  workers  in  Tehran  went  on  strike  to  protest  pay  and 
working  conditions.  There  were  several  reports  of  mass  arrests. 

There  are  no  known  affiliations  with  international  labor  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers  do  not  have  the 
right  to  organize  independently  and  negotiate  collective  bargaining  agreements.  No 
information  is  available  on  mechanisms  used  to  set  wages. 

It  is  not  known  whether  labor  legislation  and  practice  in  the  export  processing 
zones  differ  from  the  law  and  practice  in  the  rest  of  the  country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Penal  Code  provides  that  the 
Government  may  require  any  person  wno  does  not  have  work  to  take  suitable  em- 

Sloyment.  This  provision  has  been  criticized  frequently  by  the  International  Labor 
•rganization  (ILO)  as  contravening  ILO  Convention  29  on  forced  labor.  There  is  no 
information  available  on  the  Government's  policy  on  forced  and  bonded  labor  by 
children. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  labor 
law  prohibits  employment  of  minors  under  15  years  of  age  and  places  special  restric- 
tions on  the  employment  of  minors  under  age  18.  Education  is  compulsory  until  age 
11.  The  law  permits  children  to  work  in  agriculture,  domestic  service,  and  some 
small  businesses.  By  law  women  and  minors  may  not  be  employed  in  hard  labor  or, 
in  general,  in  night  worit.  Information  on  the  extent  to  which  these  regulations  are 
enforced  is  not  available.  There  is  no  information  available  on  the  Government's  pol- 
icy on  forced  and  bonded  labor  by  children. 


1449 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  empowers  the  Supreme  Labor 
Council  to  establish  annual  minimum  wage  levels  for  each  industrial  sector  and  re- 

E'lon.  It  is  not  known  if  the  minimum  wages  are  adjusted  annually  or  enforced.  The 
abor  Code  stipulates  that  the  minimum  wage  should  be  sufficient  to  meet  the  liv- 
ing expenses  of  a  family  and  should  take  inflation  into  account.  Under  current  poor 
economic  conditions,  many  middle-class  citizens  must  work  two  or  even  three  jobs 
to  support  their  families.  The  daUy  minimum  wage  was  raised  in  March  to  $2.80 
(8,500  rials).  It  is  unlikely  that  minimum  wage  laws  alone  can  ensure  a  decent 
standard  of  living  for  a  woricer  and  family.  Information  on  the  share  of  the  working 
population  covered  by  minimum  wage  legislation  is  not  available. 

According  to  press  reports,  the  Ministry  of  Labor  in  December  1996  announced 
that  employers  nad  1  month  in  which  to  fire  foreign  workers  and  replace  them  with 
Iranians.  It  is  believed  that  approximately  1  million  foreign  workers,  mostly  Afghan 
refugees,  would  have  been  aftected.  The  Gtovemment  apparently  hoped  to  alleviate 
high  unemployment  by  pressuring  foreigners  to  leave.  However,  repatriation  num- 
bers appear  to  be  low  due  to  continuing  unrest  in  Afghanistan. 

The  Labor  Code  establishes  a  6-day  workweek  of  48  hours  maximum,  with  1 
weekly  rest  day,  normally  Fridays,  and  at  least  12  days  of  paid  annual  leave  and 
several  paid  public  holidays. 

According  to  the  Labor  Code,  a  Supreme  Safety  Council,  chaired  by  the  Labor 
Minister  or  his  representative,  is  responsible  for  promoting  workplace  safetv  and 
health.  The  Council  reportedly  has  issued  28  safety  directives,  and  oversees  the  ac- 
tivities of  3,000  safety  committees  established  in  enterprises  employing  more  than 
10  persons.  It  is  not  known  how  well  the  Ministry's  inspectors  enforce  regulations. 
It  is  not  known  whether  workers  can  remove  themselves  from  hazardous  situations 
without  risking  the  loss  of  employment. 


IRAQ 

Political  power  in  Iraq  ^  lies  exclusively  in  a  repressive  one-party  apparatus  domi- 
nated by  Saddam  Hussein  and  members  of  his  extended  family.  The  provisional 
Constitution  of  1968  stipulates  that  the  Arab  Ba'ath  Socialist  Party  (ABSP)  governs 
Iraq  through  the  Revolutionary  Command  Council  (RCC),  which  exercises  both  exec- 
utive and  legislative  authority.  President  Saddam  Hussein,  who  is  also  Prime  Min- 
ister, Chairman  of  the  RCC,  and  Secretary  General  of  the  Regional  Command  of  the 
ABSP,  wields  decisive  power.  Saddam  Hussein  and  his  regime  continued  to  refer  to 
an  October  1995,  nondemocratic  "referendum"  on  his  presidency  in  which  he  re- 
ceived 99.96  percent  of  the  vote.  This  "referendum"  included  neither  secret  ballots 
nor  opposing  candidates,  and  many  credible  reports  indicated  that  voters  feared  pos- 
sible reprisal  for  a  negative  vote. 

Ethnically  and  linguistically,  the  Iraqi  population  includes  Arabs,  Kurds, 
Turkomen,  Assyrians,  Yazidis,  and  Armenians.  Historically,  the  religious  mix  is 
likewise  varied:  Shi'a  and  Sunni  Muslims  (both  Arab  and  Kurdish),  Christians  (in- 
cluding Chaldeans  and  Assyrians),  and  Jews  (most  of  whom  have  emigrated).  Ethnic 
divisions  have  resulted  in  civil  uprisings  in  recent  years,  especially  in  the  north  and 
the  south.  The  Government  has  reacted  against  those  who  revolt  with  extreme  re- 
pression. The  judiciary  is  not  independent,  and  the  President  can  override  any  court 
decision. 

The  Government's  security  apparatus  includes  militias  attached  to  the  President, 
the  Ba'ath  Party,  and  the  Interior  Ministry.  The  security  forces  play  a  central  role 
in  maintaining  the  environment  of  intimidation  and  fear  on  which  government 
power  rests.  Security  forces  committed  widespread,  serious,  and  systematic  human 
rights  abuses. 

The  (jovemment  owns  all  major  industries  and  controls  most  of  the  highly  cen- 
tralized economy,  which  is  based  largely  on  oil  production.  The  economy  was  dam- 
aged by  the  Gulf  War,  and  Iraq  has  been  subjected  to  United  Nations  sanctions 
since  its  1990  invasion  of  Kuwait.  As  a  result,  the  economy  has  been  stagnant. 
Sanctions  ban  all  exports,  except  for  oil  sales  under  U.N.  Security  Council  Resolu- 
tion (UNSCR)  986,  and  allow  imports  only  of  food,  medicine,  and  other  humani- 
tarian goods  for  essential  civilian  needs.  Tne  (jovemment's  failure  to  comply  with 
U.N.  Security  Council  resolutions  has  resulted  in  the  maintenance  of  the  sanctions. 
In  December  1996,  after  a  nearly  a  year  and  a  half  of  obstruction  and  delay,  the 
Government  began  to  implement  UNSCR  986.  A  significant  part  of  the  UNSCR  986 


^The  United  States  does  not  have  diplomatic  representation  in  Iraq.  This  report  draws  to  a 
large  extent  on  non-U.S.  Government  sources. 


1450 

"oil  for  food"  program  was  delayed  during  1997  because  the  Government  refused  to 
pump  oil  for  extended  periods.  The  Government  interfered  with  the  international 
community's  provision  of  humanitarian  assistance  to  the  Iraqi  people  routinely  by 
placing  a  higher  priority  on  importing  industrial  items  than  on  food  and  medicine, 
diverting  goods  to  benefit  the  regime,  and  restricting  the  work  of  U.N.  personnel 
and  relief  workers.  U.N.  and  European  Union  observers  attribute  the  country's  poor 
economic  conditions  to  the  Government's  actions,  not  to  the  sanctions  regime. 

Human  rights  abuse  remained  difficult  to  document  because  the  Government's  ef- 
forts to  conceal  the  facts,  including  its  persistent  refusal  to  permit  visits  by  human 
rights  monitors  and  continued  restrictions  designed  to  prevent  dissent.  Max  Van  der 
Stoel,  the  Special  Rapporteur  for  Iraq  of  the  U.N.  Commission  on  Human  Rights, 
based  reports  on  interviews  with  recent  emigres  from  Iraq  and  other  sources,  and 
opposition  groups  with  contacts  still  in  Iraq  published  reports. 

There  was  no  improvement  in  the  Government's  extremely  poor  human  rights 
record.  Citizens  do  not  have  the  right  to  change  their  government.  The  Government 
continued  to  summarily  execute  perceived  political  opponents,  and  reports  of  such 
sununary  executions  increased  significantly  during  the  year.  More  than  2,000 
killings  were  reported.  Several  dozen  of  these  reported  executions  followed  specific 
allegations  of  coup  attempts  in  February  and  August.  However,  reports  suggest  that 
far  more  people  were  executed  merely  because  of  their  association  with  an  opposi- 
tion group  or  in  an  effort  to  clear  out  of  the  prisons  anyone  with  a  sentence  of  15 
to  20  years  or  more.  The  Government  continued  to  kill  and  torture  persons  accused 
of  economic  crimes,  military  desertion,  and  a  variety  of  other  charges.  Prison  condi- 
tions are  poor.  The  authorities  routinely  used  arbitrary  arrest  and  detention.  The 
judiciary  is  not  independent,  and  the  F*resident  can  override  any  court  decision,  and 
the  Government  continues  to  deny  citizens  the  right  to  due  process.  The  Govern- 
ment continues  to  deny  citizens  the  right  to  privacy.  The  Government  made  use  of 
civilians,  including  small  children,  as  "human  shields."  The  U.N.  Special  Rapporteur 
for  Iraq  confirmed  in  his  November  report  that  freedom  of  speech,  the  press,  assem- 
bly, and  association  do  not  exist,  except  in  some  parts  of  the  north  under  the  control 
of  Kurdish  factions.  The  Government  severely  limits  freedom  of  religion  and  move- 
ment, and  discriminates  against  women,  children,  religious  minorities,  and  ethnic 
groups.  The  Government  also  restricts  worker  rights. 

Iraqi  military  operations  continued  to  target  Shi'a  Arabs  living  in  the  southern 
marshes.  The  Government  maintained  a  partial  internal  embargo  against  Iraq's 
northern  provinces,  blocking  shipments  of  food,  medicine,  and  other  goods,  except 
those  provided  by  the  U.N.  "oil-for-food"  program. 

In  northern  Iraq,  fighting  continued  between  the  two  main  Iraqi  Kurdish  groups, 
the  Kurdistan  Democratic  Party  (KDP)  and  the  Patriotic  Union  of  Kurdistan  (PUK). 
In  addition,  attacks  on  civilians  by  the  Turkish  Kurd  terrorist  organization,  the 
Kurdistan  Workers'  Party  (PKK),  resulted  in  many  deaths,  particularly  among  the 
vulnerable  Assyrian  minority  and  villagers  who  supported  the  KDP.  Turkish  forces 
entered  Iraq  several  times  during  the  year  to  combat  the  PKK.  These  separate  con- 
flicts converged  in  November,  when  Turkish  air  and  ground  elements  joined  the 
KDP  to  force  the  PUK  and  the  PKK  to  return  to  the  established  intra-Kurdish 
ceasefire  line.  The  fighting  left,  over  a  thousand  persons  dead  and  forced  thousands 
of  civilians  from  their  homes.  A  ceasefire  established  on  November  24  ended  the 
fighting  for  the  remainder  of  the  year,  albeit  with  a  few  sporadic  clashes. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — The  Government  has  a  long  record 
of  executing  perceived  opponents.  The  U.N.  Special  Rapporteur,  the  international 
media,  and  other  groups  all  reported  an  increased  number  of  extrajudicial  killings 
during  the  year.  The  Special  Rapporteur  has  stated  that  "the  country  is  run  through 
extrajudicial  measures,"  In  a  1996  report.  Amnesty  International  (AI)  noted  that 
various  decrees  expanding  the  use  of  the  death  penalty  in  1994  and  1995  have  not 
been  sufficiently  clarified  to  ensure  fair  and  just  applicability,  a  problem 
compounded  by  the  lack  of  an  independent  judiciary.  The  list  of  ofTenses  requiring 
a  mandatory  death  penalty  has  grown  substantially  in  recent  years,  and  now  in- 
cludes forgery,  smuggling  cars,  and  "sabotaging  the  national  economy."  The  Special 
Rapporteur  noted  tnat  membership  in  certain  political  parties  is  punishable  by 
death,  that  there  is  a  pervasive  fear  of  death  for  any  act  or  expression  of  dissent, 
and  that  there  are  recurrent  reports  of  the  use  of  the  death  penalty  for  such  offenses 
as  "insulting"  the  President  or  the  Ba'ath  Party.  These  killings  occur  with  total  im- 
punity and  without  due  process. 


1451 

The  Baghdad  regime  periodically  eliminated  large  numbers  of  political  detainees 
en  masse.  In  February  and  March,  some  200  to  650  persons  were  said  to  have  been 
executed  in  Abu  Ghuraib  prison,  near  Baghdad.  The  Special  Rapporteur  related  in 
detail  allegations  that  filtered  out  of  Iraq  about  the  killings.  According  to  these  re- 

gorts,  by  order  of  Qusay  Hussein,  one  of  Saddam  Hussein's  sons  and  chief  of  Special 
ecurity,  a  'fudges  committee"  drew  up  a  timetable  for  killing  all  detainees  sen- 
tenced to  death.  Executions  were  carried  out  on  Sundays  and  Wednesdays. 

There  were  many  other  credible  reports  of  mass  executions;  on  August  31,  ap- 
proximately 170  persons  arrested  by  the  Government  during  its  brief  1996  occupa- 
tion of  Irbil  were  executed  on  the  one-year  anniversary  of  the  Iraai  attack  on  that 
city;  in  September  600  prisoners  were  killed  in  Abu  Ghuraib;  on  November  9,  ap- 
proximately 100  persons  were  executed  at  an  undisclosed  site;  on  November  12,  568 
people  were  executed  at  Abu  Ghuraib;  on  November  15,  approximately  80  Iraqi  ofli- 
cers  and  Iranian  prisoners  of  war  (POW's)  were  executed  at  the  Mosul  prison. 

The  total  number  killed  at  Abu  Ghuraib  prison  and  the  Radwaniyah  detention 
center  in  late  November  and  early  December  may  have  reached  800  to  1,500  per- 
sons. Opposition  groups  alleged  that  all  political  prisoners  with  sentences  of  more 
than  15  to  20  years  were  summarily  executed.  Qusay  Hussein  again  was  named  as 
instrumental  in  this  program  of  executions,  allegedly  ordering  that  the  prisons  be 
"cleaned  out." 

As  in  previous  years,  there  also  were  numerous  credible  reports  that  the  regime 
executed  persons  allegedly  involved  in  plotting  against  Saddam  or  the  Ba'ath  party, 
including  high-ranking  civilian,  military,  and  tribal  leaders.  In  February,  eleven 
members  of  the  Al-Nadha  movement  were  killed  by  the  Special  Security  forces. 
Fourteen  intelligence  and  special  forces  ofTicers  were  executed  in  September,  alleg- 
edly for  plotting  to  assassinate  Saddam  Hussein.  Also  in  September,  10  members 
of  the  Bani-Hujaym  tribe  were  executed  after  they  attacked  the  Ba'ath  party  head- 
quarters in  Al-Samawah.  On  November  12,  six  or  seven  Wahabis  (menibers  of  the 
conservative  Sunni  Islamic  sect  centered  in  Saudi  Arabia)  were  executed  at  al-Anbar 
in  the  Rumadi  area.  Also  on  November  12,  11  people  who  allegedly  attacked  a 
Ba'athist  political  office  were  executed  at  Dakuk. 

Economic  crimes  may  also  be  punishable  by  death.  For  example,  on  December  7, 
two  Iranian  Kurdish  refugees  attempting  to  smuggle  fuel  from  Kirkuk  to 
Suleymaniyah  province  were  arrested  by  Iraqi  security  forces  at  Chamchamal. 
While  in  custody — in  the  presence  of  the  chief  of  eastern  sector  military  security — 
they  allegedly  were  killed  oy  being  doused  with  gasoline  and  set  on  fire.  On  Decem- 
ber 8,  four  Jordanian  students  who  allegedly  had  smuggled  about  $850  worth  of 
spare  auto  parts  from  Jordan  to  Iraq  were  executed.  On  December  13,  a  group  of 
omcers  and  men  of  the  4th  corps  were  executed  on  charges  of  smuggling  weapons 
into  Iraqi  Kurdistan. 

Reports  of  deaths  due  to  poor  conditions  in  prisons  and  detention  facilities  also 
increased  during  the  year.  According  to  the  U.N.  Special  Rapporteur,  many  pris- 
oners in  Amarah  province  were  reported  as  near  death  because  of  lack  of  adequate 
food  and  health  care.  Ten  refugees  returning  from  Saudi  Arabia  in  May  allegedly 
were  poisoned  while  in  jail  in  Baghdad.  All  of  them  reportedly  died  after  their  re- 
lease in  June,  after  sufiering  from  paralysis  and  severe  bleeding.  In  November  the 
opposition  Iraqi  National  Congress  alleged  that  the  regime  had  plotted  to  murder 
U.N.  Special  Commission  (UNSCOM)  executive  commissioner  Rolf  Ekeus  by  poison- 
ing him  with  thallium.  Sixty  Iranian  Kurds  at  the  Bazan  refugee  camp  near 
Suleymaniyah  reported  that  they  had  been  poisoned  with  thallium  in  their  drinking 
water,  however,  they  attributed  the  poisoning  to  Iranian  agents. 

There  are  persistent  reports  that,  even  as  he  recovers  from  wounds  suffered  in 
a  1996  assassination  attempt,  Uday  Hussein,  Saddam  Hussein's  eldest  son,  has  re- 
mained active  in  extrajudicial  killings.  In  a  July  incident,  he  allegedly  killed  one  of 
his  bodyguards,  for  reasons  that  remain  unclear. 

Indications  persist  that  the  Government  has  offered  "bounties"  to  anyone  who 
kills  United  Nations  or  other  international  relief  workers  in  northern  Iraq.  The  Gov- 
ernment has  repeatedly  charged  that  foreign  relief  organizations  working  in  north- 
em  Iraq  are  engaged  in  espionage,  making  their  employees  liable  to  the  death  pen- 
altv. 

As  in  previous  years,  the  regime  continued  to  deny  totally  the  widespread  killings 
of  Kurds  in  northern  Iraq  during  the  "Anfal"  Campaign  of  1988  (see  Sections  l.b. 
and  l.g.).  Both  the  Special  Rapporteur  and  Human  Rights  Watch  have  concluded 
that  the  Government's  policies  against  the  Kurds  raise  issues  of  crimes  against  hu- 
manity and  violations  of  the  1948  Genocide  Convention. 

Political  killings  and  terrorist  actions  continued  in  northern  Iraq.  Throughout  the 
year,  elements  oithe  PKK  remained  active  in  northern  Iraq,  reportedly  killing  local 
residents  in  an  effort  to  control  a  territorial  base.  Assyrian  groups  reported  several 


1452 

instances  of  mob  violence  by  Muslims  against  Christians  in  the  north,  allegedly  re- 
sulting in  several  deaths.  Intra-Kurdish  fighting  in  October  and  November  resulted 
in  the  deaths  of  over  1200  fighters  and  an  undisclosed  number  of  civilians.  On  De- 
cember 8,  five  members  of  an  Iranian  Kurdish  group  were  killed  in  PUK-held  terri- 
tory. 

b.  Disappearance. — During  the  year,  the  Special  Rapporteur  continued  to  receive 
reports  of  widespread  disappearances.  The  Government  continued  to  ignore  the 
more  than  15,000  cases  conveyed  to  it  in  1994  and  1995  by  the  U.N.  Workmg  Group 
on  Enforcement  on  Involuntary  Disappearances,  as  well  as  requests  from  the  Gov- 
ernments of  Kuwait  and  Saudi  Arabia  on  the  whereabouts  of  those  missing  from  the 
1990-1991  occupation  of  Kuwait  and  from  Iran  on  the  whereabouts  of  POW's  Iraq 
captured  in  the  1980-1988  Iran-Iraq  war. 

The  United  Nations  has  documented  over  16,000  cases  of  persons  who  had  dis- 
appeared. According  to  the  Special  Rapporteur,  most  of  these  cases  occurred  during 
the  Anfal  Campaign.  He  estimates  that  the  total  number  of  Kurds  who  disappeared 
during  Anfal  could  reach  the  tens  of  thousands.  Human  Rights  Watch  estimates 
that  the  total  at  between  70,000  and  150,000,  and  Amnesty  International  (AI)  at 
more  than  100,000.  Many  individuals  who  disappeared  in  the  wake  of  the  1996  Gov- 
ernment attack  on  Irbil  may  have  been  killed  late  in  the  year,  in  the  alleged  govern- 
ment campaign  to  "cleanse  the  prisons"  (see  Section  l.a.). 

In  an  October  report.  Amnesty  International  documented  the  repeated  failure  of 
the  Government  to  respond  to  requests  for  information  about  persons  who  had  dis- 
appeared. The  report  oetails  unresolved  cases  dating  from  the  early  1980's  through 
the  mid-1990's,  particularly  the  disappearances  of  Aziz  al-Sayyid  Jassem,  Sajryid 
Muhammad  Sadeq  Muhammad  Ridha  al-Qazwini,  Mazin  Abd  al-Munim  al- 
Samarra'i,  the  six  su-Hashimi  brothers,  the  four  al-Sheibani  brothers,  and  numerous 
persons  of  Iranian  descent  or  Shi'a  religious  belief.  The  report  concludes  that  few 
of  these  victims  became  targets  of  the  regime  for  anything  tney  had  allegedly  done. 
Rather,  they  were  arrested  as  "hostages"  in  order  to  force  a  relative  who  may  have 
escaped  abroad  to  surrender,  because  of  their  family  link  to  a  political  opponent,  or 
simply  for  their  ethnic  origin. 

In  other  cases,  individuals  arrested  or  taken  prisoner  in  specific  circumstances 
have  disappeared  while  in  government  custody.  For  example,  the  status  of  six  mem- 
bers of  the  Assyrian  community  of  Baghdad,  arrested  in  October  1996,  is  unknown. 
Hundreds  are  still  missing  in  the  aftermath  of  the  brief  Iraqi  military  occupation 
of  Irbil  in  August  1996.  Many  of  these  persons  may  have  been  killed  surreptitiously 
late  in  1997,  in  the  reported  regime  campaign  to  'cleanse  the  prisons"  (see  Section 
l.a.).  Thirty-three  members  of  the  Yazidi  community  of  Mosul,  who  were  arrested 
in  July  1996,  are  still  unaccounted  for. 

The  Special  Rapporteur  and  several  human  rights  groups  continued  to  request 
that  the  Government  provide  information  about  the  arrest  in  1991  of  the  late  Grand 
Ayatollah  Abdul  Qasim  Al-Khoei  and  108  of  his  associates.  The  AyatoUah  died  while 
under  house  arrest  in  Al-Najaf.  Others  arrested  with  him  have  not  been  accounted 
for,  and  the  Government  refuses  to  respond  to  queries  regarding  their  status. 

The  Government  failed  to  return,  or  account  for,  a  large  number  of  Kuwaiti  citi- 
zens and  citizens  of  other  countries  detained  during  the  Iraqi  occupation  of  Kuwait. 
Government  officials,  including  military  leaders  known  to  have  been  among  the  last 
to  see  the  disappeared  during  the  occupation,  have  refused  to  respond  to  the  hun- 
dreds of  outstanding  inquiries  about  the  missing.  Of  609  cases  of  missing  Kuwaiti 
citizens  under  review  by  the  Quadrilateral  Commission  on  Gulf  War  Missing,  only 
two  have  been  resolved.  The  Iraqi  Government  denies  having  any  knowledge  of  the 
others  and  claims  that  any  relevant  records  were  lost  in  the  aftermath  of  the  Gulf 
War. 

Iran  reports  that  5,000  Iranian  POWs  from  the  Iran-Iraq  War  (1981-88)  are  unac- 
counted lor  by  Iraq.  On  November  26,  Iran  unilaterally  released  500  Iraqi  POWs 
from  that  war.  Possibly  in  response,  on  December  4,  Iraq  released  two  Iranians  who 
had  been  arrested  in  Iraq  in  1991. 

In  May  an  Iraqi  engineer  seeking  refuge  in  Western  Europe  reported  that  many 
Iraqi  chemical  and  biological  warfare  workers  had  disappeared  or  died  under  mys- 
terious circumstances,  some  after  contracting  unknown  diseases. 

In  addition  to  the  tens  of  thousands  of  reported  disappearances,  human  rights 
groups  reported  in  1997  that  the  Government  continued  to  hold  thousands  of  other 
Iraqis  in  incommunicado  detention  (see  Section  l.d.). 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture,  however,  the  security  services  routinely  tortured 
detainees.  According  to  former  detainees,  torture  techniques  included  branding,  elec- 
tric shocks  administered  to  the  genitals  and  other  areas,  beating,  burning  with  hot 
irons,  suspension  from  rotating  ceiling  fans,  dripping  acid  on  the  skin,  rape,  break- 


1453 

ing  of  limbs,  denial  of  food  and  water,  and  threats  to  rape  or  otherwise  harm  rel- 
atives. The  security  forces  killed  many  of  their  torture  victims  and  mutilated  their 
bodies  before  returning  them  to  the  victims'  families.  There  are  persistent  reports 
that  the  families  are  made  to  pay  for  the  costs  of  the  execution,  before  the  bodies 
are  returned  to  them.  Iraqi  refugees  arriving  in  Europe  often  reported  instances  of 
torture  to  the  receiving  governments  and — as  was  the  case  with  a  group  of  refugees 
arriving  in  Italy  in  June — displayed  scars  and  mutilations  to  substantiate  tneir 
claims.  Amnesty  International  notes  that  Iraqi  authorities  have  failed  to  investigate 
these  reports.  There  were  no  reports  of  amputations  or  brandings  during  the  year. 

The  Special  Rapporteur,  human  rights  organizations,  and  opposition  groups  con- 
tinued to  receive  numerous  reports  of  women  suffering  severe  psychological  trauma 
after  they  were  raped  while  in  custody.  The  security  forces  allegedly  raped  women 
captured  during  the  Anfal  Campaign  and  during  the  occupation  of  Kuwait.  The  Gov- 
ernment has  never  acknowledged  these  reports  of  rape  or  conducted  any  investiga- 
tion. Although  the  Government  made  a  variety  of  pronouncements  against  rape  and 
other  violent  crimes  during  the  year,  it  took  no  action  against  those  who  committed 
this  abuse. 

Prison  conditions  are  poor.  Certain  prisons  are  notorious  for  routine  mistreatment 
of  prisoners.  Abu  Ghuraib  prison  west  of  Baghdad  may  hold  as  many  as  15,000  per- 
sons, many  of  whom  are  reportedly  subjected  to  torture.  Al-Rashidiya  prison,  on  the 
Tigris  River  north  of  Taji,  reportedly  has  torture  chambers.  The  Al-Shamma'iya 
pnson,  located  in  east  Baghdad,  holds  the  mentally  ill  and  is  reportedly  the  site  of 
both  torture  and  disappearances.  The  Radwaniyah  detention  center  is  a  former  pris- 
oner-of-war facility  near  Baghdad  and  reportedly  the  site  of  torture  as  well  as  mass 
executions.  This  prison  was  the  principal  detention  center  for  persons  arrested  fol- 
lowing the  civil  uprisings  of  1991.  Human  Rights  Watch  and  otners  have  estimated 
that  Radwaniyah  holds  more  than  5,000  detainees;  Iraqi  opposition  groups  say  it 
is  located  within  a  "presidential"  compound,  from  which  the  regime  precludes  in- 
spections by  the  U.N.  Special  Commission  charged  with  eliminated  Iraqi  weapons 
01  mass  destruction.  Radwaniyah  is  where  Uday  Hussein  is  alleged  to  have  had  the 
Iraqi  national  soccer  team  caned  on  the  soles  of  their  feet  after  a  World  Cup  qualify- 
ing loss  to  Khazakstan,  a  charge  being  investigated  by  the  International  Football 
Association  (FIFA). 

There  were  no  details  on  the  condition  of  prisoners  in  northern  Iraq. 

The  (jovernment  does  not  permit  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Although  the  Constitution  and  the  Legal 
Code  explicitly  prohibit  arbitrary  arrest  and  detention,  the  authorities  routinely  en- 
gaged in  these  practices.  The  Special  Rapporteur  stated  that  arbitrary  arrests  are 
still  common  throughout  the  country,  and  many  times  lead  to  detention  for  often 
long  periods  of  time  without  access  to  a  lawyer  or  being  brought  before  a  court. 

The  military  and  security  services,  rather  than  the  ordinary  police,  carried  out 
most  cases  of  arbitrary  arrest  and  detention.  During  the  year,  security  forces  report- 
edly arrested  hundreds  of  persons  perceived  as  security  tnreats,  mainly  on  the  basis 
of  an  individual's  personal  association  or  family  connection  with  opponents  of  the 
Government.  On  July  15,  in  Baghdad  dozens  of  Shi'a  youths  were  reported  to  have 
been  arrested  and  held  incommunicado,  and  84  merchants  were  arrested  in  an 
"anti-fraud"  sweep  in  February.  Sometimes,  those  arrested  were  reportedly  killed 
while  in  custody  (see  Section  l.a.). 

According  to  international  human  rights  groups,  numerous  foreigners  arrested  ar- 
bitrarily in  previous  years  remain  in  detention. 

It  has  also  been  reported  that  there  is  a  widespread  practice  of  holding  family 
members  and  close  associates  responsible  for  the  alleged  actions  of  others.  The  Spe- 
cial Rapporteur  notes  that  "guilt  by  association"  is  facilitated  by  administrative  re- 
quirements on  relatives  of  deserters  or  other  perceived  opponents  of  the  regime.  For 
example,  relatives  who  did  not  report  deserters  could  lose  their  ration  cards  for  pur- 
chasing government-controlled  food  supplies  or  be  evicted  from  their  residences.  . 
Anmesty  International  reported  in  October  that  relatives  often  do  not  inauire  about 
the  whereabouts  of  arrested  family  members  for  fear  of  being  arrested  tnemselves. 

Mass  arrests  are  also  reportedly  commonplace;  the  Special  Rapporteur  learned  of 
at  least  3  such  instances  in  southern  Iraq  in  1997.  Twenty-five  families  are  reported 
to  have  been  interred  in  Al-Fajir  prison  in  Nassariyah  province;  30  persons  (women, 
children,  and  old  men)  from  Al-Ghizlah  reportedly  were  arrested  and  taken  to  Bagh- 
dad; on  April  3,  a  large  number  of  persons  reportedly  were  arrested  in  the  Bani  Said 
area  and  have  yet  to  oe  released. 

The  Government  reportedly  continued  to  target  Shi'a  Muslim  clergy  and  their 
supporters  for  arbitrary  arrest  and  other  abuses.  It  also  reportedly  continued  forc- 
ibly to  move  Shi'a  populations  from  the  south  to  the  north,  and  other  minority 


1454 

groups  such  as  Assyrians  and  Turkomen  from  the  north  to  government-controlled 
territory. 

There  was  no  substantive  evidence  that  the  Government  was  implementing  two 
"amnesty"  decrees  issued  in  1995.  Human  rights  monitors  remain  concerned  that 
Iraqi  authorities  may  be  attempting  to  bring  deserters  and  government  opponents 
out  of  hiding  in  order  to  penalize  them. 

Although  no  statistics  are  available,  observers  estimate  the  number  of  political  de- 
tainees in  the  tens  of  thousands. 

The  Government  is  not  known  to  practice  forced  exile.  However,  1  to  2  million 
self-exiled  Iraqis  are  fearful  of  returning  to  Iraq. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  not  independent,  and  there  is  no 
check  on  the  President's  power  to  override  any  court  decision.  The  Special 
Rapporteur  and  international  human  rights  groups  all  observed  during  the  year 
that  the  repressive  nature  of  the  political  and  legal  systems  precludes  any  concept 
of  rule  of  law.  Numerous  laws  lend  themselves  to  continued  repression,  and  the 
Government  uses  extrajudicial  methods  to  extract  confessions  or  coerce  cooperation 
with  the  regime. 

There  are  two  parallel  judicial  systems:  the  regular  courts,  which  try  common 
criminal  offenses;  and  special  security  courts,  whicn  generally  try  national  security 
cases,  but  may  also  try  criminal  cases.  There  is  a  Court  of  Appeal  and  the  Court 
of  Cassation,  which  is  the  highest  court. 

Procedures  in  the  regular  courts  theoretically  provide  for  many  protections.  How- 
ever, the  regime  often  assigns  to  the  security  courts  cases  which,  on  their  merits, 
would  app>ear  to  fall  under  the  jurisdiction  of  the  regular  courts.  Trials  in  the  regu- 
lar courts  are  public,  and  defendants  are  entitled  to  counsel,  at  government  expense 
in  the  case  of  indigents.  Defense  lawyers  have  the  right  to  review  the  charges  and 
evidence  brought  against  their  clients.  There  is  no  jury  system;  panels  of  three 
judges  try  cases.  Defendants  have  the  right  to  appeal  to  the  Court  of  Appeal  and 
then  to  the  Court  of  Cassation. 

The  Government  shields  certain  groups  from  prosecution  for  alleged  crimes.  A 
1992  decree  grants  immunity  from  prosecution  to  members  of  the  Ba'ath  Party  and 
the  security  forces  who  kill  anyone  while  in  pursuit  of  army  deserters.  Unconfirmed 
but  widespread  reports  indicate  that  this  aecree  was  applied  in  1997  to  prevent 
trials  or  punishment  of  government  officials.  Nevertheless,  Saddam  Hussein's  per- 
sonal decree  clearly  supersedes  any  legal  proceedings — including  those  designed  to 
shield  his  family.  For  example,  in  May  the  President  reportedly  seized  the  assets 
of  his  half  brother  Sabawi  Ibrahim  Al-Hassan.  A  1990  decree  grants  immunity  to 
men  who  commit  "honor  crimes,"  i.e.,  kill  their  female  family  members  for  a  per- 
ceived lack  of  chastity. 

Special  security  courts  have  jurisdiction  in  all  cases  involving  espionage  and  trea- 
son, peaceful  political  dissent,  smuggling,  currency  exchange  violations,  and  drug 
trafficking.  According  to  the  Special  Rapporteur  and  other  sources,  military  officers 
or  civil  servants  with  no  legal  training  head  these  tribunals,  which  hear  cases  in 
secret.  Authorities  often  hola  defendants  incommunicado  and  do  not  permit  contact 
with  lawyers.  The  courts  admit  confessions  extracted  by  torture,  which  often  serve 
as  the  basis  for  conviction.  There  are  reports  that  individuals  who  have  cooperated 
with  U.N.  weapons  inspectors  have  been  subjected  to  secret  trials. 

Many  cases  appear  to  end  in  summary  execution,  although  defendants  may  ap- 
peal to  the  President  for  clemency.  Saddam  Hussein  may  grant  clemency  in  any 
case  that  apparently  suits  his  political  goals.  There  are  no  Shari'a,  or  Islamic  law, 
courts  as  such.  Regular  courts  are  empowered  to  administer  Islamic  law  in  cases 
involving  personal  status,  such  as  divorce  and  inheritance. 

Because  the  Government  rarely  acknowledges  arrests  or  imprisonments  and  fami- 
lies are  afraid  to  talk  about  arrests,  it  is  difTicult  to  estimate  the  number  of  political 
prisoners.  Many  of  the  tens  of  thousands  of  persons  who  have  disappeared  or  been 
killed  in  recent  years  were  originally  held  as  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Government  frequently  disregarded  the  constitutional  right  to  privacy,  particularly 
in  cases  allegedly  involving  national  security.  The  law  defines  security  offenses  so 
broadly  that  authorities  are  virtually  exempt  from  the  legal  reauirement  to  obtain 
search  warrants.  The  authorities  frequently  conduct  searches  without  warrants.  The 
regime  routinely  ignored  constitutional  provisions  safeguarding  the  confidentiality  of 
mail,  telegraphic  correspondence,  and  telephone  conversations.  The  Government  pe- 
riodically jammed  news  broadcasts,  including  those  of  opposition  groups,  from  out- 
side Iraq. 

In  Kirkuk  the  regime  periodically  sealed  off  whole  districts  and  conducted  day- 
long, house  to  house  searches,  evidently  as  part  of  its  campaign  to  harass  and  expel 
ethnic  Kurds  and  Turkomen  from  the  city  (see  Section  2.d.). 


1455 

The  security  services  and  the  Ba'ath  Party  maintain  pervasive  networks  of  in- 
formers to  deter  dissident  activity  and  instill  fear  in  the  public.  For  example,  the 
Special  Rapporteur  reported  that  an  operator  was  arrested  and  executed  in  1993  for 
having  warned  a  person  not  to  use  a  wiretapped  telephone  line.  The  authorities  also 
hold  lamily  members  and  close  associates  responsible  for  the  alleged  actions  of  oth- 
ers (see  Section  l.d.). 

In  September  Iraqi  expatriates  in  Amman  reported  a  new  government  effort  for 
surveillance  of  university  students.  Worried  about  antigovernment  pamphlets  that 
appeared  at  Basrah  and  Qadisiyah  Universities  in  1996,  the  regime  used  the  Min- 
istry of  Education  to  move  undercover  military  intelligence  and  Special  Security  offi- 
cers onto  campuses  around  the  country. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— As  in  previous  years,  the  armed  forces  conducted  deliberate  artillery  attacks 
against  Shi'a  civilians  in  the  southern  marshes  and  against  minority  groups  in 
northern  Iraq.  In  1992  the  Gulf  War  allies  imposed  "no-fly  zones"  over  both  north- 
em  and  southern  Iraq.  The  no-fly  zones  contmued  to  deter  aerial  attacks  on  the 
marsh  dwellers  in  southern  Iraq  and  residents  of  northern  Iraq,  but  they  did  not 
prevent  artillery  attacks  on  villages  in  either  area,  nor  the  military's  large-scale 
burning  operations  in  the  southern  marshes. 

For  example,  in  April  heavy  artillery  attacks  on  the  towns  of  Al-Ghizlan  in 
Nasseriyah  province  and  Al-Eliwa,  Abu  Ashra,  Al-Adil,  and  Al-Salam  in  Amarah 
province  reportedly  resulted  in  substantial  civilian  casualties,  including  women  and 
children.  In  May  the  same  sort  of  attack  occurred  at  Al-Tar  and  Al-Shiukh  in 
Nasariyah  province.  On  November  1,  a  week-long  operation  in  the  marshes  con- 
ducted by  the  Third  Corps  was  led  off  by  similar  heavy  artillery  assaults.  Several 
civilians  were  reportedly  wounded  in  another  shelling  incident  in  the  Al  Zoor  area 
of  Naseriyah  province  on  November  18  and  19. 

During  the  year.  Government  also  continued  its  water-diversion  and  other 
projects  in  the  south,  accelerating  the  process  of  large-scale  environmental  destruc- 
tion. The  Government  claimed  that  the  drainage  is  part  of  a  land  reclamation  plan 
to  increase  the  acreage  of  arable  land,  spur  agricultural  production,  and  reduce  salt 
pollution  in  the  Tigris  and  Euphrates  rivers.  However,  the  evidence  of  large-scale 
human  and  ecological  destruction  appears  to  belie  this  claim,  and  other  credible  re- 

fiorts  confirmed  the  ongoing  destruction  of  the  marshes.  The  Supreme  Council  of  the 
slamic  Revolution  in  Iraq  (SCIRI)  claimed  to  have  obtained  government  documents 
describing  its  long-range  plans  to  drain  the  marshes  completely.  The  army  contin- 
ued to  construct  canals,  causeways,  and  earthen  berms  to  divert  water  from  the  wet- 
lands. Hundreds  of  square  kilometers  have  been  burned  in  military  operations. 
Moreover,  the  regime's  diversion  of  supplies  in  the  south  limited  the  population's  ac- 
cess to  food,  medicine,  drinking  water,  and  transportation. 

According  to  the  U.N.  Special  Rapporteur  and  opposition  sources,  thousands  of 
persons  in  Nasseriyah  and  Basrah  provinces  were  denied  rations  under  UNSCR 
986.  In  these  provinces  and  in  Amarah  province,  access  to  food  is  allegedly  used  to 
reward  regime  supporters  and  silence  opponents.  Shi'a  opposition  groups  report 
that,  due  to  the  continuing  fighting,  the  condition  of  the  Shi'a  in  the  south  has  con- 
tinued to  deteriorate  even  after  the  institution  of  the  U.N."s  "oil  for  food"  program. 

The  Government  maintained  a  partial  internal  embargo  against  the  three  prov- 
inces in  northern  Iraq  for  most  of  the  year.  These  provinces  are  populated  primarily 
by  Kurds,  Assyrians,  Turkomen,  and  other  ethnic  minorities.  Tne  embargo  pre- 
vented the  free  movement  of  food,  medicine,  and  other  humanitarian  supplies  to 
that  area.  Beginning  in  1993,  the  embargo  also  included  the  cutoff  of  electric  power 
in  specific  areas,  causing  the  disruption  of  water  and  sanitation  systems,  and  inter- 
fering with  the  delivery  of  food  and  fuel.  Indications  of  loosened  restrictions  for  the 
territory  controlled  by  the  Patriotic  Union  of  Kurdistan  appeared  to  be  tied  to  politi- 
cal concessions,  such  as  accepting  school  textbooks  praising  Saddam  Hussein  and 
the  Iraqi  regime. 

A  multinational  coalition  continued  enforcement  of  a  "no-fly  zone"  to  inhibit  gov- 
ernment aerial  activity  to  repress  citizens  in  northern  Iraq.  The  Government  contin- 
ued to  Arabize  certain  areas,  such  as  the  urban  centers  of  Kirkuk  and  Mosul, 
through  the  forced  movement  of  local  residents  from  their  homes  and  villages  and 
their  replacement  by  Arabs  from  outside  the  area  (see  Section  l.d.). 

The  PKK  also  committed  numerous  abuses  against  civilians  in  northern  Iraq 
throughout  the  year.  For  example,  on  August  4,  five  persons  were  reportedly  kid- 
napea  from  the  village  of  Gunda  Jour  by  a  PKK  band.  Iraqi  Kurds  reported  that 
on  October  23,  a  PKK  unit  killed  14  civilians  (10  of  them  children)  and  wounded 
9  others  in  attacks  on  the  villages  of  Korka,  Chema,  Dizo,  and  Selki.  On  December 
13,  seven  Assyrian  civilians  reportedly  were  ambushed  and  killed  near  the  village 
of  Mangeesh.  Many  villagers  in  Dohuk  and  Irbil  provinces,  particularly  those  from 


1456 

isolated  areas,  were  reported  to  have  abandoned  their  homes  and  temporarily  relo- 
cated to  cities  and  lager  towns  to  escape  PKK  attacks. 

On  several  occasions  in  1997,  Turkish  armed  forces  entered  northern  Iraq  in  pur- 
suit of  PKK  terrorists  and  bases.  In  November  Turkish  and  KDP  forces  fought 
pitched  battles  against  the  PUK  and  the  PKK.  These  operations  resulted  in  some 
civilian  deaths  and  destruction  of  residences.  The  Government  of  Turkey  denied  al- 
legations that  Turkish  forces  used  air-delivered  incendiary  bombs  and  intentionally 
targeted  civilian  populations  in  their  operations;  independent  observers  on  the  scene 
found  no  evidence  of  such  actions.  Turkish  government  authorities  stressed  that  the 
operations  sought  to  avoid  civilian  casualties  and  that  much  of  the  fighting  took 
place  in  unpopulated  areas. 

Land  mines  in  northern  Iraq,  mostly  planted  by  the  Government  before  1991,  con- 
tinued to  kill  and  maim  civilians.  Many  of  the  mines  were  laid  during  the  Iran-Iraq 
War,  but  the  army  failed  to  clear  them  before  it  abandoned  the  area.  The  mines 
appear  to  have  been  haphazardly  planted  in  civilian  areas.  Land  mines  are  also  a 
problem  all  along  the  Iraq-Iran  Dorder  throughout  central  and  southern  Iraq,  but 
there  is  no  information  on  civilian  casualties  or  the  efforts,  if  any,  to  clear  old  mine- 
fields in  areas  under  the  central  Government's  control.  The  Special  Rapporteur  re- 
peatedly has  reminded  the  Government  of  its  obligation  under  the  Land  Mines  Pro- 
tocol to  protect  civilians  from  the  effects  of  mines.  Various  nongovernmental  organi- 
zations CNGO's)  continued  efforts  to  remove  mines  from  the  area  and  increase  mine 
awareness  among  local  residents. 

After  the  1991  Gulf  War,  victims  and  eyewitnesses  described  war  crimes  per- 
petrated by  the  Iraqi  regime — deliberate  killing,  torture,  rape,  pillage,  hostage-tak- 
ing, and  associated  acts — directly  related  to  the  Gulf  War.  Many  governments  con- 
tinue to  urge  the  U.N.  Security  Council  to  establish  an  international  commission  to 
study  evidence  of  a  broader  range  of  war  crimes,  as  well  as  crimes  against  humanity 
and  possible  genocide.  Human  Rights  Watch  (HRW)  and  other  organizations  have 
worked  with  various  governments  to  bring  a  genocide  case  at  the  International 
Court  of  Justice  against  the  Government  for  its  conduct  of  the  Anfal  campaign 
against  the  Kurds  in  1988. 

In  September  the  Iranian  Air  Force  attacked  two  camps  of  the  Iranian  terrorist 

Cup  Mujahedin  Al-Khalq  (MEK)  in  Iraq.  There  were  reports  of  casualties  among 
qi  civilians. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  but  also  stipulates  that  "  the  State  ensures  the  considerations  nec- 
essary to  exercise  these  liberties,  in  compliance  with  the  revolutionary,  national  and 
progressive  trend."  In  practice,  freedom  of  speech  and  of  the  press  do  not  exist,  and 
political  dissent  is  not  tolerated  in  areas  under  the  Government's  control.  The  Spe- 
cial Rapporteur  noted  that  "the  people  live  in  a  climate  of  fear  in  which  whatever 
they  or  their  family  members  may  say  or  do,  particularly  in  the  area  of  politics,  in- 
volves the  risk  of  arrest  and  interrogation  by  the  police  or  military  intelligence." 

The  Government  and  the  Ba'ath  Party  own  all  print  and  broadcast  media  and  op- 
erate them  as  propaganda  outlets.  They  generally  do  not  report  opposing  points  of 
view  that  are  expressed  either  domestically  or  abroad.  According  to  the  Special 
Rapporteur,  iournalists  are  under  regular  pressure  to  join  the  Ba'ath  party  and 
must  follow  tne  recommendations  of  the  Iraqi  Union  of  Journalists,  headed  bv  Uday 
Hussein.  The  Special  Rapporteur  reported  tnat  one  journalist  was  sentenced,  to  life 
imprisonment  for  telling  a  joke  about  Saddam  Hussein,  while  another  was  arrested 
on  charges  of  "collaboration  with  foreign  countries,"  possibly  a  reference  to  a  nega- 
tive report  on  the  economic  situation. 

The  Special  Rapporteur  reported  that  the  Ministry  of  Culture  and  Information  pe- 
riodically holds  meetings  at  which  general  guidelines  for  the  press  are  provided. 
Foreign  journalists  must  work  from  offices  located  within  the  ministry  building  and 
be  accompanied  everywhere  they  go  by  ministry  ofiicers,  who  reportedly  restrict  the 
reporters  movements  and  make  it  impossible  for  them  to  interact  freely  with  the 
populace.  Since  Western  news  services  have  not  been  permitted  to  establish  perma- 
nent bureaus  in  Iraq,  they  are  represented  in  Baghdad  by  Iraqi  stafTers  who  are 
based  in  the  Ministry  of  Information  and  Culture. 

Several  statutes  and  decrees  suppress  freedom  of  speech  and  the  press.  These  in- 
clude Revolutionary  Command  Council  decree  no.  840  of  November  1986,  which  pe- 
nalizes free  expression  and  stipulates  the  death  penalty  for  anyone  insulting  the 
President  or  otner  high  government  officials;  Section  214  of  the  Penal  Code,  which 
prohibits  singing  a  song  nkely  to  cause  civil  strife;  and  the  Press  Act  of  1968,  which 
prohibits  the  writing  oi  articles  on  12  specific  subjects,  including  those  detrimental 
to  the  President,  the  Revolutionary  Command  Council,  and  the  Ba'ath  Party. 


1457 

Books  can  be  published  only  with  the  authorization  of  the  Ministry  of  Culture  and 
Information.  The  Ministry  of  Education  often  sends  textbooks  with  pro-regime  prop- 
aganda to  Kurdish  regions;  the  Kurds  routinely  remove  propaganda  items  from  the 
books.  In  October  the  Minister  of  Education  "warned  these  cliques  that  we  hold 
them  responsible"  for  altering  the  books. 

The  Government  regularly  jammed  foreign  news  broadcasts  (see  Section  l.f.).  In 
an  effort  to  interdict  further  any  foreign  reports  on  Iraq,  the  Government  also 
banned  satellite  dishes.  The  penalty  for  possessing  a  satellite  dish  reportedly  is  an 
indefinite  term  of  imprisonment  in  solitary  confinement  and  confiscation  of  all 
household  effects. 

In  northern  Iraq,  several  newspapers  have  apf)eared  over  the  past  5  years,  as 
have  opposition  radio  and  television  broadcasts.  The  absence  of  central  authority 
permits  some  freedom  of  expression,  although  most  journalists  are  influenced  or 
controlled  by  various  political  organizations. 

The  Government  has  no  respect  for  academic  freedom,  exercising  strict  control 
over  academic  publications.  University  staff  is  hired  or  fired  depending  on  their  sup- 
port for  the  Government. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  but,  except  in  Kurdish-controlled  northern  areas,  citizens  may 
not  assemble  legally  other  than  to  express  support  for  the  regime.  The  Government 
regularly  orchestrates  crowds  to  demonstrate  support  for  the  regime  and  its  policies 
through  financial  incentives  for  those  who  participate  and  threats  of  violence 
against  those  who  do  not. 

The  Constitution  provides  for  freedom  of  association,  but  the  Government  controls 
the  establishment  of  political  parties,  regulates  their  internal  affairs,  and  monitors 
their  activities.  Several  parties  are  specifically  outlawed,  and  membership  in  them 
is  a  capital  offense.  A  1974  law  prescribes  the  death  penalty  for  anyone  "infiltrating" 
the  BaVth  Party. 

In  Kurdish-controlled  northern  Iraq,  the  situation  is  mixed.  For  example,  120,000 
people  reportedly  participated  in  a  protest  march  in  Irbil  in  October,  demanding 
that  the  PUK  restore  electrical  power  to  the  city.  .  On  the  other  hand,  both  the  KDP 
and  the  PUK  intimidated,  seized  the  property  of,  and  forcibly  expelled  members  and 
alleged  supporters  of  the  rival  organization  from  the  territory  they  control  (see  Sec- 
tion 2.d.). 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  but 
also  notes  that  "Islam  is  the  religion  of  the  State."  In  practice,  the  Government  se- 
verely limits  freedom  of  religion.  The  Ministry  of  Endowments  and  Religious  Affairs 
monitors  places  of  worship,  appoints  the  clergy,  and  approves  the  publication  of  reli- 
gious literature. 

Although  Shi'a  Muslim  Arabs,  who  compose  between  60  and  65  percent  of  the 
population,  are  the  largest  religious  group,  Sunni  Arabs  (composing  only  about  12 
to  15  percent  of  the  population)  traditionally  have  dominated  economic  and  political 
life.  Despite  legal  protection  of  sectarian  equality,  the  regime  has  in  recent  years 
repressed  the  Shi'a  clergy  and  followers  of  the  Shi'a  faith.  Security  forces  have  dese- 
crated Shi'a  mosques  and  holy  sites,  particularly  in  the  aftermath  of  the  1991  civil 
uprisings. 

The  following  government  restrictions  on  religious  rights  remained  in  effect 
throughout  1997:  a  ban  on  the  Muslim  call  to  prayer  in  certain  cities;  a  ban  on  the 
broadcast  of  Shi'a  programs  on  government  radio  or  television;  a  ban  on  the  publica- 
tion of  Shi'a  books,  including  prayer  books;  a  ban  on  funeral  processions;  and  the 
prohibition  of  certain  processions  and  public  meetings  commemorating  Shi'a  holy 
days.  In  June  serious  clashes  were  reported  between  Shi'a  pilgrims  traveling  to 
Karbala  for  the  Arba'in  commemoration  and  security  forces  and  government-backed 
Sunni  civilians.  Reports  of  casualties  varied  widely,  indicating  that  between  40  to 
500  pilgrims  were  killed.  The  Government  cut  off  food,  water,  and  electricity  to  the 
city  of  Karbala.  Some  pilgrims  were  allegedly  kidnaped  and  their  families  were 
forced  to  pay  a  ransom  to  the  Gk)vernment  to  efTect  their  release. 

The  Government  continues  to  insist  that  its  own  appointee  replace  the  late  Grand 
Ayatollah  Abul  Qasim  Al-Khoei,  formerly  the  highest  ranking  Iraqi  Shi'a  clergyman, 
who  died  in  government  custody  in  1992  (see  Section  l.b.).  The  Shi'a  religious  estab- 
lishment refuses  to  accept  the  Government's  choice.  The  Government  also  continued 
to  harass  and  threaten  members  of  the  late  Ayatollah  Al-Khoei's  family  (see  Sec- 
tions l.a.  and  l.b.).  In  Najaf  on  November  25,  government  agents  allegedly  attacked 
the  house  of  Mohammed  Rida  Sistani,  the  son  of  Ayatollah  Syed  Ali  Sistani,  one 
of  the  most  senior  Shi'a  leaders  in  Iraq.  Sistani  was  wounded,  a  colleague  was 
killed,  and  Sistani's  home  was  ransacked,  according  to  a  SCIRI  report. 


1458 

As  far  as  is  known,  the  security  forces  still  were  encamped  in  the  shrine  to  Imam 
Ali  at  Al-Najaf,  one  of  Shi'a  Islam's  holiest  sites,  and  the  former  Shi'a  theological 
school  in  Al-Najaf. 

The  Special  Rapporteur  and  others  reported  that  the  Government  has  engaged  in 
various  abuses  against  the  country's  350,000  Assyrian  Christians.  Most  Assyrians 
traditionally  live  in  the  northern  govemorates,  and  the  Government  often  has  sus- 
pected them  of  "collaborating"  with  Kurds.  Military  forces  destroyed  numerous  As- 
syrian churches  during  the  Anfal  Campaign  and  reportedly  tortured  and  executed 
many  Assyrians  (see  Section  4).  Accoroing  to  Human  Rights  Watch  and  Assyrian 
sources,  the  Government  continues  to  harass  and  kill  Assyrians  throughout  the 
country  by  forced  relocations,  terror,  and  artillery  shelling. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  controls  the  movement  within  the  country  of  citizens 
and  foreigners.  Persons  who  enter  sensitive  border  areas  and  numerous  designated 
security  zones  are  subject  to  arrest.  Police  checkpoints  are  common  on  major  roads 
and  highways. 

In  November,  at  the  height  of  the  Government's  defiance  of  U.N.  resolutions  re- 
Quiring  inspections  for  weapons  of  mass  destruction,  the  Government  announced 
tnat  hundreds  of  patriotic  citizens  had  volunteered  to  serve  as  "human  shields"  in 
the  event  of  a  coalition  air  strike  on  Saddam  Hussein's  palaces  and  military-indus- 
trial sites.  However,  reports  from  opposition  sources  in  Iraq  claimed  that  Ba'ath 
Party  functionaries  had  been  issued  quotas  of  "volunteers"  to  recruit  to  serve  in  this 
capacity.  When  bribes  of  increased  food  rations  failed  to  generate  the  required  num- 
ber of  persons,  the  Ba'ath  Party,  in  conjunction  with  the  security  services,  report- 
edly coerced  civilians  to  serve  as  "human  shields." 

'The  Government  requires  citizens  to  obtain  specific  government  authorization  and 
expensive  exit  visas  for  foreign  travel.  Citizens  may  not  make  more  than  two  trips 
abroad  annually.  Before  traveling  abroad,  citizens  are  required  to  post  collateral 
with  the  Government,  which  is  refundable  only  upon  their  return  to  Iraq.  There  are 
restrictions  on  the  amount  of  currency  that  may  be  taken  out  of  the  country.  Women 
are  not  permitted  to  travel  outside  Iraq  alone;  male  relatives  must  escort  them. 
Each  student  wishing  to  travel  abroad  must  provide  a  guarantor  who  is  liable  if  the 
student  fails  to  return.  Students  abroad  who  refuse  to  return  to  Iraq  are  required 
to  reimburse  any  of  their  expenses  that  were  paid  by  the  Government. 

The  Government  prohibits  foreign  travel  by  journalists,  authors,  and  all  the  em- 
ployees of  the  Information  Ministry.  Security  authorities  interrogate  all  media  em- 
ployees, journalists,  and  writers  who  travel  outside  Iraq. 

Foreign  spouses  of  citizens  who  have  resided  in  Iraq  for  5  years  (1  year  for 
spouses  of  government  employees)  are  required  to  apply  lor  naturalization  as  Iraqi 
citizens.  Many  foreigners  thus  become  subject  to  travel  restrictions.  The  penalties 
for  noncompliance  include,  but  are  not  limited  to,  loss  of  the  spouse's  job,  a  substan- 
tial financial  penalty,  and  repayment  for  any  governmental  educational  expenses. 
The  Government  prevents  many  citizens  who  also  hold  citizenship  in  another  coun- 
try— especially  the  children  of  Iraqi  fathers  and  foreign-born  mothers — from  visiting 
the  country  of  their  other  nationality. 

The  Government  continued  to  pursue  its  discriminatory  resettlement  policies,  in- 
cluding demolition  of  villages  and  forced  relocation  of  ethnic  Kurds,  Turlcomen,  As- 
syrians, and  other  minorities.  Human  rights  monitors  reported  that  the  Government 
continued  to  force  Kurdish  and  Turkomen  residents  of  Kirkuk  to  move  to  other 
areas  in  the  north  or  to  the  south.  In  their  place,  ethnic  Arab  families  were  moved 
in,  evidently  in  an  effort  to  "Arabize"  this  oil-rich  city.  Another  motive  may  have 
been  simple  thefl;  the  Special  Rapporteur  described  the  alleged  expropriation  of 
Turkomen  agricultural  land  near  Kirkuk  by  high-level  regime  oTficials  and  members 
of  Saddam  Hussein's  family.  Typically  the  displaced  persons  reported  that  they  were 

fiven  at  most  1  week  to  leave,  and  that  they  ollen  were  not  allowed  to  bring  their 
elongings  with  them.  In  many  cases,  Iraqi  security  officials  reportedly  seized  food 
coupons  issued  to  displaced  persons  under  the  U.N.  "oil-for-food"  program.  Amnesty 
International  reported  that,  according  to  some  sources,  family  members,  including 
children,  are  sometimes  taken  hostage  by  the  Government  to  ensure  that  families 
do  not  resist  the  order  to  move. 

The  U.N.  Secretary  General  estimates  that  there  are  more  than  half  a  million  in- 
ternally displaced  persons  in  the  three  northern  provinces  (Irbil,  Dohuk,  and 
Suleymaniyah).  Well  over  100,000  were  added  in  1997,  due  to  expulsion  by  govern- 
ment forces,  expulsion  by  competing  Kurdish  groups,  and  intra-Kurdish  fighting. 
There  were  constant  reports  of  forced  expulsions  of  Kurds  and  Turkomen  from 
Kirkuk  and  Khanaquin:  1,500  persons  in  April;  1,300  families  in  May;  440  families 
in  July;  1,000  families  in  September;  and  1,750  families  in  December.  The  Kurdish 
factions  added  greatly  to  this  problem  by  expelling  each  other's  political  supporters 


1459 

from  areas  that  they  control  and  by  their  renewed  fighting.  The  KDP  estimated  that 
58,000  KDP  supporters  were  expelled  from  Suleymaniyah  and  other  PUK-controlled 
areas  from  October  1996  to  October  1997;  the  PUK  says  that  more  than  49,000  of 
its  supporters  were  expelled  from  Irbil  and  other  KDP-controlled  areas  from  August 
1996  through  December  1997.  The  U.N.  reports  that  more  than  10,000  persons  were 
forced  from  their  homes  when  fighting  broke  out  between  the  Kurdish  factions  along 
their  cease-fire  line  in  October  1997. 

According  to  the  Special  Rapporteur,  security  forces  continued  to  relocate  Shi'a  in- 
habitants of  the  southern  marshes  to  major  southern  cities.  Many  have  been  trans- 
ferred to  detention  centers  and  prisons  in  central  Iraq,  primarily  in  Baghdad,  or 
even  to  northern  cities  like  Kirkuk  as  part  of  the  Government's  attempt  to  Arabize" 
traditionally  non-Arab  areas. 

The  Government  does  not  provide  first  asylum  or  respect  the  rights  of  refugees. 
According  to  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR),  hun- 
dreds of  thousands  of  Iraqi  refugees  remain  abroad.  Apart  from  those  suspected  of 
sympathizing  with  Iran,  most  fled  after  the  Government's  suppression  of  the  civil 
uprising  of  1991;  others  are  Kurds  who  fled  the  Anfal  Campaign  of  1988. 

Of  the  1.5  million  refugees  who  fled  following  the  1991  uprisings,  the  great  major- 
ity, particularly  Kurds,  have  repatriated  themselves  to  northern  Iraq  in  areas  where 
the  allied  coalition  has  prohibited  overflights  by  Iraqi  aircraft.  Several  hundred 
thousand  Kurds  remain  unsettled  in  northern  Iraq  because  political  circumstances 
do  not  permit  them  to  return  to  their  former  homes  in  government-controlled  terri- 
tory. According  to  the  Special  Rapporteur,  many  of  these  families  still  live  in  tent 
camps  under  extremely  harsh  conditions,  which  result  in  many  deaths,  particularly 
among  the  elderly  and  young  children. 

Approximately  12,000  Turkish  Kurds  remain  in  the  north  who  have  fled  civil 
striie  in  southeastern  Turkey.  The  UNHCR  is  treating  these  displaced  persons  as 
refugees  until  it  reaches  an  official  determination  of  their  status.  The  Atrush  refu- 

fee  camp  was  closed  in  early  1997  and  about  1,000  of  its  residents  returned  to  Tur- 
ey.  A  total  of  6,000  refugees  from  Atrush  reportedly  have  moved  to  the  Ayn  Sifni 
facility,  with  most  of  the  remainder  relocating  to  KDP-controlled  areas  of  northern 
Iraq. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  right  to  change  their  government.  Although  the  Govern- 
ment has  taken  steps  to  increase  the  perception  of  democracy,  the  political  process 
still  was  controlled  firmly  by  the  State.  The  1995  "referendum"  on  Saddam  Hus- 
sein's presidency  was  not  free  and  was  dismissed  as  a  sham  by  most  international 
observers.  It  included  neither  voter  privacy  nor  opposing  candidates,  and  many  cred- 
ible reports  indicated  that  voters  feared  possible  reprisal  for  a  negative  vote.  A  total 
of  500  people  reportedly  were  arrested  in  Karbala,  Baghdad,  and  Ramadi  provinces 
for  casting  negative  ballots,  and  a  member  of  the  intelligence  services  reportedly 
was  executed  for  refusing  to  vote  for  the  President. 

There  are  strict  qualifications  for  electoral  candidates;  the  candidates  for  the  Na- 
tional Assembly,  by  law,  must  be  over  25  years  old  and  "believe  in  God,  the  prin- 
ciples of  the  July  17-30  revolution,  and  socialism."  Out  of  the  250  seats,  160  depu- 
ties reportedly  belong  to  the  Ba'ath  Party,  60  are  independent,  and  Saddam  Hussein 
appointed  30  deputies  to  represent  the  northern  provinces.  According  to  the  Special 
Rapporteur,  the  Ba'ath  Party  allegedly  instructed  a  number  of  its  members  to  run 
as  nominally  "independent"  candidates. 

Full  political  participation  at  the  national  level  is  confined  to  members  of  the 
Arab  Ba'ath  Socialist  Party,  estimated  at  about  8  f)ercent  of  the  population.  The  po- 
litical system  is  dominated  by  the  Party,  which  governs  through  the  Revolutionary 
Command  Council,  headed  by  President  Saddam  Hussein.  However,  the  RCC  exer- 
cises both  executive  and  legislative  authority.  It  overshadows  the  National  Assem- 
bly, which  is  completely  subordinate  to  it  and  the  executive  branch. 

The  President  wields  decisive  power  over  all  instruments  of  government.  Almost 
all  powerful  officials  are  either  members  of  his  family  or  are  family  allies  from  his 
home  town  of  Tikrit. 

Opposition  political  organizations  are  illegal  and  severely  suppressed.  Member- 
ship in  certain  political  parties  is  punishable  by  death  (see  Section  2.b.).  In  1991 
the  RCC  adopted  a  law  that  theoretically  authorized  the  creation  of  political  parties 
other  than  the  Ba'ath  Party;  in  practice  the  law  is  used  to  prohibit  parties  that  do 
not  support  Saddam  Hussein  and  the  Government.  New  parties  must  be  based  in 
Baghdad  and  are  prohibited  from  having  any  ethnic  or  religious  character. 

The  Government  does  not  recognize  the  various  political  gi-ou pings  and  parties 
that  have  been  formed  by  Shi'a  Muslims,  as  well  as  Kurdish,  Assyrian,  Turkomen, 


1460 

and  other  Iraqi  communities.  These  political  groups  continued  to  attract  support  de- 
spite their  illegal  status. 

Women  and  minorities  are  underre presented  in  government  and  politics.  The  law 
provides  for  the  election  of  women  and  minorities  to  the  National  Assembly,  but 
they  have  only  token  representation. 

In  northern  Iraq,  all  central  government  functions  have  been  performed  by  local 
administrators,  mainly  Kurds,  since  the  Government  withdrew  its  military  forces 
and  civilian  administrative  personnel  from  the  area  after  the  1991  uprising.  A  re- 
gional parliament  and  local  government  administrators  were  elected  in  1992.  This 
fiarliament  last  met  in  May  1995.  Discussions  among  Kurdish  and  other  northern 
raqi  political  groups  continue  on  the  reconvening  of  parliament,  but  fighting  be- 
tween the  PUk  and  KDP  continue  to  prevent  normal  parliamentary  activity. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  does  not  permit  the  establishment  of  independent  human  rights 
organizations.  It  operates  an  official  human  rights  group  that  routinely  denies  alle- 
gations of  abuses.  Citizens  have  established  several  human  rights  groups  abroad 
and  in  northern  areas  not  under  government  control.  Monitors  from  foreign  and 
international  human  rights  groups  are  not  allowed  in  Iraq. 

As  in  previous  years,  the  Government  did  not  allow  the  U.N.  Special  Rapporteur 
to  visit  Iraq,  nor  did  it  respond  to  his  requests  for  information.  The  Government 
continued  to  defy  various  calls  from  U.N.  bodies  to  allow  the  Special  Rapporteur  to 
visit  the  southern  marshes  and  other  rerions. 

For  the  fifth  consecutive  year,  the  United  Nations  Human  Rights  Commission 
(UNHRC)  called  on  the  U.N.  Secretary  General  to  send  human  rights  monitors  to 
"help  in  the  independent  verification  of  reports  on  the  human  rignts  situation  in 
Iraq."  The  U.N.  Subcommission  on  Prevention  of  Discrimination  and  Protection  of 
Minorities  made  a  similar  request.  The  Government  has  continued  to  ignore  these 
calls  for  the  entry  of  monitors. 

The  Special  Rapporteur  nonetheless  was  able  to  gather  more  evidence,  in  part  due 
to  interviews  with  current  and  past  government  officials,  which  shed  new  light  on 
the  systemic  nature  of  human  rights  violations.  He  dispatched  members  of  his  staff 
to  Kuwait,  Jordan,  and  other  locations  to  interview  victims  of  government  human 
rights  abuses. 

The  Government  harassed  and  intimidated  relief  workers  and  U.N.  personnel 
throughout  the  country,  maintained  a  threat  to  arrest  or  kill  relief  workers  in  the 
north,  staged  protests  against  U.N.  ofTices  in  the  capital,  and  may  have  arranged 
for  the  bombing  of  a  U.NT  headquarters  in  Baghdad  (see  Sections  l.g.  and  2.a.). 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  and  the  legal  system  provides  for  some  rights  for  women,  chil- 
dren, and  minorities.  However,  in  practice,  the  Government  systematically  violates 
these  rights. 

Women. — Domestic  violence  against  women  occurs  but  little  is  known  about  its  ex- 
tent. Such  abuse  is  customarily  addressed  within  the  tightly  knit  family  structure. 
There  is  no  public  discussion  of  the  subject,  and  the  Government  issues  no  statistics. 
Spousal  violence  constitutes  grounds  for  divorce  and  criminal  charges,  but  suits 
brought  on  these  charges  are  Believed  to  be  rare.  Men  who  kill  female  family  mem- 
bers for  "immoral  deeds"  may  receive  immunity  from  prosecution  under  a  1990  law 
(see  Section  l.d.). 

The  Special  Rapporteur  has  noted  that  there  is  an  unusually  high  percentage  of 
women  in  the  Kurdish  areas,  purportedly  caused  by  the  disappearances  of  tens  of 
thousands  of  Kurdish  men  during  the  Anfal  Campaign.  The  Special  Rapporteur  has 
reported  that  the  widows,  daughters,  and  mothers  of  the  Anfal  Campaign  victims 
are  economically  dependent  on  their  relatives  or  villages  because  they  may  not  in- 
herit the  property  or  assets  of  their  missing  family  members. 

Evidence  concerning  the  Anfal  Campaign  indicates  that  the  Government  killed 
many  women  and  children,  including  infants,  by  firing  squads  and  in  chemical  at- 
tacks. 

The  Government  claims  that  it  is  committed  to  equality  for  women,  who  make  up 
about  20  percent  of  the  work  force.  It  has  enacted  laws  to  protect  women  from  ex- 
ploitation in  the  workplace  and  from  sexual  harassment;  to  permit  women  to  join 
the  regular  army,  Popular  Army,  and  police  forces;  to  require  education  for  girls; 
and  to  equalize  women's  rights  in  divorce,  land  ownership,  taxation,  and  suffrage. 
It  is  difficult  to  determine  to  what  extent  these  protections  are  afforded  in  practice. 
However,  reports  indicate  that  the  application  of  these  laws  has  declined  as  Iraq's 


1461 

political  and  economic  crisis  persists.  Women  are  not  allowed  to  travel  outside  Iraq 
alone  (see  Section  2.d.). 

Children. — No  information  is  available  on  whether  the  Government  has  enacted 
specific  legislation  to  promote  the  welfare  of  children.  However,  the  Special 
Rapporteur  and  several  human  rights  groups  have  collected  a  substantial  body  of 
evidence  pointingto  the  Government's  continuing  disregard  for  the  rights  and  wel- 
fare of  children.  This  may  include  government  officials  taking  children  from  minor- 
ity groups  hostage  in  order  to  intimidate  their  families  to  leave  cities  and  regions 
where  the  regime  wishes  to  create  a  Sunni  Arab  majority  (see  Section  l.d.). 

The  Government's  failure  to  comply  with  relevant  U.N.  Security  Council  resolu- 
tions has  led  to  a  continuation  of  economic  sanctions.  Exacerbating  this  situation, 
the  regime's  implementation  of  the  "oil-for-food"  arrangement  under  UNSCR  986  en- 
sures that  those  who  accede  to  the  regime's  policies  benefit,  while  the  need  of  vul- 
nerable demographic  groups  are  ignored.  During  the  year,  more  than  3  million  tons 
of  food  reached  Iraq  under  UNSCR  986,  but  the  quantity  and  nutritional  content 
of  the  "food  basket"  that  the  Government  sells  to  needy  families  actually  was  de- 
creased by  government  decree.  There  are  widespread  reports  that  food  that  should 
have  been  made  available  for  the  general  public  was  in  fact  stockpiled  in  ware- 
houses to  replenish  stocks  held  by  the  military.  The  Government  management  of  the 
program  did  not  take  into  account  the  special  requirements  of  children  ages  1  to 
5,  despite  the  U.N.  Secretary  General's  specific  injunction  that  the  Government 
modify  its  implementation  procedures  to  address  this  vulnerable  group.  The  (jovem- 
ment  twice  refused  to  pump  oil  during  1997  (for  a  total  of  3  months),  causing  major 
disruptions  in  the  smooth  flow  of  goods  to  Iraq.  In  November  there  were  credible 

firess  reports  that  pharmaceutical  supplies  that  should  have  been  directed  to  sick 
raqi  children  instead  were  exported  or  reexported  for  sale  in  Jordan,  and  that  $300 
million  in  medicine  and  medical  supplies  that  the  Government  said  was  needed  des- 
perately by  children  had  been  delayed  because  of  regime  members'  demands  for 
bribes  from  suppliers.  As  a  result,  health  conditions  have  deteriorated  and  children 
have  been  particularly  susceptible,  except  the  children  of  regime  supporters. 

In  August  the  Government  announced  for  the  fourth  year  a  3-week  training 
course  in  weapons  use,  hand-to-hand  fighting,  rappelling  from  helicopters  and  infan- 
try tactics  for  children  10  to  15  years  of  age.  Camps  for  these  "Saddam  Cubs"  oper- 
ated throu^out  the  country,  with  8,(X)0  children  participating  in  Baghdad  alone. 
Senior  military  officers  who  supervised  the  course  noted  that  the  children  held  up 
under  the  "physical  and  psychological  strain"  of  tough  training  for  as  long  as  14 
hours  each  day. 

People  With  Disabilities. — No  information  is  available  on  the  Government's  policy 
towards  people  with  disabilities. 

Religious  Minorities. — Iraq's  cultural,  religious,  and  linguistic  diversity  are  not  re- 
flected in  the  country's  political  and  economic  structure.  Various  segments  of  the 
Sunni  Arab  community,  which  itself  constitutes  a  small  minority  of  the  population, 
have  effectively  controlled  the  Government  since  independence  in  1932.  Shi'a  Arabs, 
the  majority  of  the  population,  have  long  been  economically,  politically,  and  socially 
disadvantaged.  Like  the  Sunni  Kurds  and  other  ethnic  and  religious  groups  in  the 
north,  the  Shi'a  Arabs  of  the  south  have  been  targeted  for  particular  discrimination 
and  abuse,  ostensibly  because  of  their  opposition  to  the  Government. 

National/ Racial/ Ethnic  Minorities. — Kurds,  who  make  up  approximately  20  per- 
cent of  the  population,  historically  have  suffered  political  and  economic  discrimina- 
tion, despite  the  token  presence  of  a  small  number  of  Kurds  in  the  national  Govern- 
ment (see  Sections  l.a.,  l.b.,  and  l.g.). 

Assyrians  are  an  ethnic  group  as  well  as  a  Christian  community  (see  Section  2.c.). 
They  speak  a  distinct  language — Syriac.  Public  instruction  in  Syriac,  which  was  to 
have  been  allowed  under  a  1972  decree,  has  never  been  implemented.  Numerous  re- 
ports indicated  continued  systemic  discrimination  against  Assyrians  throughout 
1997,  especially  in  terms  of  forced  movements  from  northern  areas  and  repression 
of  political  rights  there. 

'Turkomen  and  Assyrian  volunteers  form  the  backbone  of  the  Peace  Monitoring 
Force  (PMF)  which  patroled  the  cease-fire  line  between  the  Kurdish  factions.  On 
January  23,  the  semi-official  Baghdad  newspaper  Babel,  owned  by  Uday  Hussein, 
warned  that  the  Turkomen  and  Assyrian  communities  could  "suffer  harm"  if  PMF 
activities  continued.  The  PUK  reported  in  November  that  families  and  relatives  of 
PMF  members  living  in  government-controlled  areas  have  been  threatened  directly 
by  the  regime,  causing  many  PMF  members  to  desert  from  the  force.  Other  sources 
reported  that  PKK  terrorists  also  had  threatened  members  of  the  PMF  and  con- 
ducted attacks  on  the  offices  of  Turkomen  organizations. 


1462 

Citizens  considered  by  the  Government  to  be  of  Iranian  origin  must  carry  special 
identification  and  are  often  precluded  from  desirable  employment.  Over  the  years, 
the  Government  has  deported  hundreds  of  thousands  of  citizens  of  Iranian  origin. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Trade  unions  independent  of  government  control  do 
not  exist.  The  Trade  Union  Organization  Law  of  1987  establisned  the  Iraqi  General 
Federation  of  Trade  Unions  (IGFTU),  a  government-dominated  trade  union  struc- 
ture, as  the  sole  legal  trade  federation.  The  IGFTU  is  linked  to  the  Ba'ath  Party, 

■  which  uses  it  to  promote  party  principles  and  policies  among  union  members. 

Workers  in  private  and  mixed  enterprises — but  not  public  employees  or  workers 
in  state  enterprises — have  the  right  to  join  local  union  committees.  The  committees 
are  affiliated  with  individual  trade  unions,  which  in  turn  belong  to  the  IGFTU. 

The  Labor  Law  of  1987  restricts  the  right  to  strike.  No  strike  has  been  reported 
over  the  past  two  decades.  According  to  the  International  Confederation  of  Free 
Trade  Unions,  the  severe  restrictions  on  the  ri^t  to  strike  include  penal  sanctions. 

The  IGFTU  is  affiliated  with  the  International  Confederation  of  Arab  Trade 
Unions  and  the  formerly  Soviet-controlled  World  Federation  of  Trade  Unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  right  to  bargain  collec- 
tively is  not  recognized.  Salaries  for  public  sector  workers  (the  majority  of  the  em- 
ployed) are  set  by  the  Government.  Wages  in  the  much  smaller  private  sector  are 
set  by  employers  or  negotiated  individually  with  workers.  Government  workers  fre- 
quently are  shifted  from  one  job  and  work  location  to  another  to  prevent  them  from 
forming  close  associations  with  other  workers.  The  Labor  Code  does  not  protect 
workers  from  antiunion  discrimination,  a  failure  that  has  been  criticized  repeatedly 
by  the  International  Labor  Organization's  (ILO)  Committee  of  Experts. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Compulsory  labor  theoretically  is 
prohibited  by  law.  However,  the  Penal  Code  mandates  prison  sentences,  incluaing 
compulsory  labor,  for  civil  servants  and  employees  of  state  enterprises  accused  of 
breaches  of  labor  "discipline,"  including  resigning  from  a  job.  According  to  the  ILO, 
foreign  workers  in  Iraq  have  been  prevented  from  terminating  their  employment  to 
return  to  their  native  countries  because  of  government-imposed  penal  sanctions  on 
persons  who  do  so.  There  is  no  information  available  on  forced  and  bonded  labor 
by  children. 

d.  Status  of  Child  Labor  Practices  and  Minimum,  Age  for  Employment. — The  em- 
ployment of  children  under  age  14  is  prohibited  except  in  small-scale  family  enter- 
prises. Children  reportedly  increasingly  are  encouraged  to  work  in  order  to  support 
their  families,  in  view  of  the  country's  harsh  economic  conditions.  The  law  stipulates 
that  eniployees  between  the  ages  of  14  and  18  work  fewer  hours  per  week  than 
adults.  Each  year  the  Government  enrolls  children  as  young  as  10  years  of  age  in 
a  paramilitary  training  program  (see  Section  5).  There  is  no  information  available 
on  forced  and  bonded  labor  by  children  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — Theoretically,  most  workers  in  urban  areas 
work  a  6-day,  48-hour  workweek.  Hours  for  government  employees  are  set  by  the 
head  of  each  ministry.  Working  hours  for  agricultural  workers  vary  according  to  in- 
dividual employer-employee  agreements.  Occupational  safety  programs  are  in  effect 
in  state-run  enterprises.  Inspectors  theoretically  inspect  private  establishments,  but 
enforcement  varies  widely.  There  is  no  information  on  workers'  ability  to  remove 
themselves  from  work  situation  that  endanger  their  health  or  safety,  or  on  those 
who  complain  about  such  conditions. 


ISRAEL  AND  THE  OCCUPIED  TERRITORIES 

Israel  ^  is  a  parliamentary  democracy  with  a  multiparty  system  and  free  elections. 
There  is  no  constitution;  a  series  of  "basic  laws"  provide  for  fundamental  rights.  The 
legislature,  or  Knesset,  has  the  power  to  dissolve  the  Government  and  limit  the  au- 
thority of  the  executive  branch.  Likud  Party  leader  Benyamin  Netanyahu  is  Prime 
Minister  and  heads  a  center-right  coalition  government.  The  judiciary  is  legally 
independent  but,  in  practice,  it  usually  acquiesces  with  the  Government's  position 
in  security  cases. 

Since  its  founding  in  1948,  Israel  has  been  in  a  state  of  war  with  most  of  its  Arab 
neighbors.  It  concluded  a  peace  treaty  with  Egypt  in  1979  and  with  Jordan  in  1994. 


^The  human  rights  Bituation  in  the  occupied  territories  is  discussed  in  the  annex  appended 
to  this  report. 


1463 

As  a  result  of  the  1967  War,  Israel  occupied  the  West  Bank,  the  Gaza  Strip,  East 
Jerusalem,  and  the  Golan  Heights.  The  international  community  does  not  recognize 
Israel's  sovereignty  over  any  part  of  the  occupied  territories.  Tnroughout  its  exist- 
ence, Israel  has  experienced  numerous  terrorist  attacks. 

An  historic  process  of  reconciliation  between  Israel  and  its  neighbors  began  with 
the  Madrid  Conference  in  1991  and  continued  with  the  September  1993  signing  of 
the  IsraeH-Palestinian  Declaration  of  Principles  (DOP).  In  September  1995,  Israel 
and  the  Palestine  Liberation  Organization  (PLO)  signed  the  Interim  Agreement  on 
the  West  Bank  and  the  Gaza  Strip,  which  provided  for  the  election  and  establish- 
ment of  a  Palestinian  self-governing  authority,  transfer  of  civil  authority,  Israeli  re- 
deployment from  major  Palestinian  population  centers  in  the  West  Bank,  security 
arrangements,  and  cooperation  in  a  variety  of  areas.  In  January  Israel  and  the  PLO 
concluded  the  Hebron  Agreement,  which  established  security  arrangements  for  the 
withdrawal  of  Israeli  forces  from  the  Palestinian-populated  areas  of  Hebron,  and  set 
out  a  road  map  for  mutual  implementation  of  other  Interim  Agreement  commit- 
ments. However,  in  March  Israel  began  construction  in  the  Har  Homa/Jebel  Abu 
Ghanaim  neighborhood  of  east  Jerusalem  and  on  March  7  announced  a  minimal 
first-phase  further  redeployment  of  its  forces  from  the  occupied  territories.  At  the 
same  time  the  Palestinian  Authority  (PA)  slackened  security  cooperation.  A  suicide 
bombing  in  Tel  Aviv  on  March  21  was  followed  by  two  more  in  Jerusalem  on  July 
30  and  September  4;  24  persons  were  killed  and  hundreds  were  injured.  As  a  result 
of  these  (kvelopments,  negotiations  on  Interim  Agreement  implementation  issues 
were  broken  off  between  March  and  October,  and  the  two  parties  had  not  agreed 
to  resume  final  status  talks  at  year's  end. 

Internal  security  is  the  responsibility  of  the  General  Security  Service  (GSS) — 
(Shin  Bet,  or  Shabak),  which  is  under  the  authority  of  the  Prime  Minister's  office. 
The  police  are  under  the  authority  of  the  Minister  of  Internal  Security.  The  Israel 
Defense  Forces  (IDF)  are  under  the  authority  of  a  civilian  Minister  of  Defense.  The 
IDF  includes  a  significant  portion  of  the  adult  population  on  active  duty  or  reserve 
status  and  plays  a  role  in  maintaining  internal  security.  The  Foreign  Affairs  and 
Defense  Committee  in  the  Knesset  reviews  the  activities  of  the  IDF  and  the  GSS. 
Members  of  the  security  forces  committed  human  rights  abuses. 

Israel  has  an  advanced  industrial  economy,  and  citizens  enjoy  a  high  standard  of 
living,  with  a  per  capita  income  of  $17,000.  Unemployment  among  citizens  rose  to 
7.6  percent  by  mid-1997  but  was  substantially  higher  in  the  country's  peripheral  re- 
gions and  among  lower-skilled  workers.  Along  with  rapid  economic  growth  in  recent 
years,  there  has  been  a  tendency  toward  increasing  income  inequality.  The  long- 
stanc^ng  gap  in  levels  of  income  between  Jewish  and  non-Jewish  citizens  continues. 
Region^  income  disparities  appear  to  be  growing,  with  unemployment  in  some 
areas  reaching  more  than  douole  the  national  average.  Israel's  neavy  reliance  on 
foreign  workers,  principally  from  Asia  and  Eastern  Europe,  represents  a  growing 
economic  and  social  issue.  Such  workers  are  generally  employed  in  agriculture  and 
the  construction  industry  and  constitute  about  10  percent  of'^the  labor  force.  Since 
the  implementation  of  an  economic  stabilization  plan  in  1985,  Israel  has  moved 
gradually  to  reduce  state  intervention  in  the  economy.  The  Netanyahu  Government 
IS  committed  to  market-oriented  structural  reforms,  especially  deregulation  and 
rapid  privatization  of  the  economy.  In  1997  the  Government  successfully  privatized 
Israel's  largest  bank  and  continued  the  process  of  privatizing  and  deregulating  the 
telecommunications  sector.  Despite  the  Government's  continued  dominant  role  in 
the  economy,  individuals  generally  are  free  to  invest  in  private  interests  and  own 
property.  The  Government  owns  78percent  of  the  country's  land  area,  and  as  a  mat- 
ter of  poHcy  it  does  not  sell  land.  The  Government,  its  entities,  and  the  Jewish  Na- 
tional Fund,  (an  organization  established  in  1897  for  the  purchase  and  management 
of  land  for  the  Jewish  people)  own  93  percent  of  the  country's  land  area.  As  a  matter 
of  policy,  the  Government  and  its  entities  do  not  sell  land.  The  Jewish  National 
Fund  has  a  statute  prohibiting  sale  or  lease  of  land  to  non-Jews  (although  excep- 
tions are  sometimes  made),  foreigners  are  allowed  freely  to  purchase  or  lease  land 
in  the  remaining  7  percent  of  Israel. 

The  Government  generally  respects  the  human  rights  of  its  citizens,  who  enjoy  a 
wide  range  of  civil  and  other  rights.  Israel's  main  human  rights  problems  have  aris- 
en from  its  policies  and  practices  in  the  occupied  territories  and  from  its  fight 
against  terrorism.  The  redeployment  of  the  IDF  from  most  major  Palestinian  popu- 
lation areas  in  the  West  Bank  in  December  1995,  and  its  previous  withdrawal  from 
Gaza  and  Jericho,  have  significantly  reduced  the  scope  of  these  problems. 

Nonetheless,  there  continued  to  be  problems  in  some  areas.  Security  forces  abused 
Palestinians  suspected  of  security  offenses.  During  the  year,  the  High  Court  of  Jus- 
tice heard  46  abuse-related  cases  (almost  all  asking  for  an  injunction  to  halt  the  tor- 
ture of  a  specific  individual).  In  no  case  did  the  High  Court  issue  an  injunction  pro- 


1464 

hibitin^  the  use  of  "moderate  physical  pressure."  The  Government  continues  to  de- 
tain without  charge  numerous  Palestinians.  Detention  and  prison  conditions,  par- 
ticularly for  Palestinian  security  detainees  held  in  Israel,  in  some  cases  do  not  meet 
minimum  international  standards.  However,  new  legislation  took  effect  in  May  that 
set  titter  limits  on  the  length  and  grounds  for  pretrial  detention.  During  the  year, 
discussion  continued  on  proposed  legislation  to  define  the  basis  for  and  limits  of 
GSS  activities  after  a  1996  version  was  widely  criticized  by  human  rights  groups 
and  legal  experts  because  it  authorized  the  Government  to  use  force  during  interro- 
gation and  to  issue  secret  guidelines  defining  the  methods  of  interrogation.  The  re- 
vised le^slation,  which  had  not  been  formally  submitted  to  the  Knesset  by  year's 
end,  omits  this  clause.  Although  there  continues  to  be  no  explicit  legal  basis  for  the 
use  of  "special  measures,"  i.e.,  force  during  interrogation,  the  Government  justifies 
such  practices  as  necessary  in  "special  circumstances"  when  thought  necessary  to 
save  lives  in  the  fight  against  terrorism. 

The  Government  responded  to  terrorist  and  security  incidents  by  periodically 
tightening  existing  restrictions  on  movement  across  borders  with  the  West  Bank 
and  Gaza  and  between  Palestinian  Authority-controlled  areas  inside  the  West  Bank, 
detaining  hundreds  of  Palestinians  without  charge  and  demolishing  the  homes  of 
some  suspected  terrorists  and  their  families  in  the  occupied  territories. 

The  Government  took  steps  to  address  discrimination  and  violence  against 
women,  although  the  Attorney  General's  decision  not  to  file  charges  against  a 
Knesset  member  accused  of  abusing  his  wife  was  widely  criticized  in  the  media  by 
women's  groups  and  human  rights  advocates.  Despite  government  pledges  to  elimi- 
nate the  wide  social  and  economic  gap  between  Israel  s  Arab  and  Jewish  citizens, 
there  was  little  progress  in  this  direction.  Israel's  Arab  minority  continues  to  suffer 
from  institutionalized  discrimination  and  does  not  share  fully  in  the  rights  granted 
to,  and  the  obligations  imposed  on,  Jewish  citizens. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings  by  government  forces.  In  September  Israeli  agents  in  Amman,  Jordan  failed 
in  an  attempt  to  kill  the  political  director  of  the  extremist  group  Hamas.  One  Pal- 
estinian was  beaten  to  death  while  in  government  custody. 

Extremist  Palestinian  groups  carried  out  three  suicide  bombings  in  Tel  Aviv  and 
Jerusalem  as  part  of  a  concerted  effort  to  derail  the  Israeli-Palestinian  peace  proc- 
ess. These  included  a  March  21  attack  in  a  Tel  Aviv  cafe  that  killed  3  persons  and 
wounded  48,  a  July  30  attack  in  a  crowded  Jerusalem  market  that  killed  16  persons 
and  wounded  178,  and  a  September  4  attack  in  a  Jerusalem  pedestrian  mall  that 
killed  5  persons  and  woundea  181. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  laws  and  administrative  regulations  prohibit  the  physical  abuse  of  detain- 
ees, they  are  freauently  not  enforced  in  security  cases.  The  GSS  was  responsible  for 
the  widespread  abuse  of  Palestinians  suspected  of  security  offenses.  The  nead  of  the 
GSS  is  empowered  by  government  regulation  to  authorize  security  ofTicers  to  use 
"moderate  physical  and  psychological  pressure"  (which  includes  violent  shaking) 
while  interrogating  detainees.  These  practices  often  led  to  excesses  (for  further  in- 
formation see  Section  I.e.  in  the  annex). 

Despite  repeated  challenges,  the  High  Court  of  Justice  has  avoided  ruling  on  the 
legality  of  the  practices  of  "shaking"  and  other  forms  of  coercion.  The  (jovernment 
claims  that  these  practices  are  justified  as  "special  measures"  to  be  used  in  "special 
circumstances"  in  the  fight  against  terrorism.  During  the  year,  the  High  Court  of 
Justice  heard  46  abuse-related  cases  (almost  all  asking  for  an  injunction  to  halt  the 
torture  of  a  specific  individual).  In  addition,  the  High  Court  dropped  numerous  cases 
before  beginning  formal  hearings  when  the  GSS  announced  that  it  no  longer  needed 
to  use  "special  measures."  Human  rights  groups  believe  that  the  great  maiority  of 
cases  alleged  to  involve  torture  do  not  reach  the  court.  In  some  cases,  the  High 
Court  of  Justice  issued  injunctions  prohibiting  the  use  of  certain  forms  for  physical 
pressure  after  hearing  evidence  presented  in  secret  by  the  GSS  and  not  made  avail- 
able to  defense  attorneys;  however,  according  to  Israeli  human  rights  advocates  and 
legal  experts,  it  routinely  lifted  them  at  the  request  of  the  GSS.  In  no  case  did  the 
High  Court  overrule  a  GSS  decision  to  use  "moderate  physical  pressure."  According 
to  GSS  records  released  to  his  attorney,  Ahma  Abu  Hamed,  who  was  arrested  on 
April  14,  was  hooded  and  shackled  to  a  low  chair  in  a  painfully  contorted  position 
for  almost  13  hours  over  a  period  of  31  days,  including  4  hours  over  12  days  after 
he  confessed  to  membership  in,  and  acting  on  behalf  of;  an  illegal  organization.  Ac- 


1465 

cording  to  the  same  GSS  records,  Abu  Hamed  was  subjected  to  "shaking"  six  sepa- 
rate times,  including  twice  after  his  confession.  In  addition,  Abu  Hamed  was  de- 
prived of  sleep  for  extended  periods  of  time.  His  attorney  appealed  to  the  High 
Court  on  June  1  for  an  injunction  to  halt  these  methods  of  interrogation.  On  June 
2,  the  Court  declined  to  hear  the  case  after  the  GSS  announced  that  it  was  no 
longer  using  force  in  the  interrogation. 

Asam  Halman  was  detained  without  charge  on  July  25,  and  his  attorney  was  de- 
nied permission  to  meet  with  him  until  July  28.  Halman  alleged  that  during  his  in- 
terrogation he  was  hooded,  shackled  to  a  low  chair  in  a  painfully  contorted  position, 
and  forced  to  listen  to  loud  music  for  extended  periods  of  time.  He  also  alleged  that 
he  was  allowed  to  sleep  for  less  than  5  hours  over  a  4-day  period,  and  that  his  hand- 
cuiTs  were  overly  tightened,  causing  great  pain  and  an  infected  wound.  On  July  30, 
Halman's  attorney  asked  the  High  Court  of  Justice  for  an  injunction  to  prevent  the 
GSS  from  using  torture.  On  the  same  day,  the  attorney  was  informed  that  the  GSS 
would  stop  using  force  in  the  interrogation.  Halman  was  subsequently  released 
without  charge  on  August  21. 

Conditions  vary  in  incarceration  facilities  in  Israel  and  the  occupied  territories, 
which  are  administered  by  the  Israeli  Prison  Service  (IPS),  the  Israel  Defense 
Forces  (IDF),  or  the  national  police.  IPS  prisons,  which  generally  house  Israeli  citi- 
zens convicted  of  common  crimes,  usually  meet  minimum  international  standards. 
Generally,  IPS  inmates  are  not  subject  to  physical  abuse  by  guards,  food  is  ade- 
quate, and  prisoners  receive  basic  necessities.  Inmates  receive  mail,  have  television 
sets  in  their  cells,  and  receive  regular  visits.  Prisoners  receive  wages  for  prison  work 
and  benefits  for  good  behavior.  Many  IPS  prisons  have  drug  treatment,  educational, 
and  recreational  programs.  The  IPS  has  established  an  investigatory  committee  to 
look  into  charges  of  violence  by  guards  against  inmates. 

Since  the  closure  in  1995  of  the  main  IDF  detention  camps  in  the  occupied  terri- 
tories, all  security  detainees  (i.e.,  those  detained  and  held  without  charge  by  secu- 
rity forces)  from  the  occupied  territories  who  are  held  for  more  than  a  few  days  are 
transferred  to  facilities  within  Israel.  Security  detainees  in  1997  were  usually  held 
in  IDF  camps  in  Israel,  but  also  in  IPS  facilities  and  in  special  sections  of  police 
detention  facilities.  Prisoners  incarcerated  for  security  reasons  are  subject  to  a  dif- 
ferent regimen,  even  in  IPS  facilities.  They  are  often  denied  certain  privileges  given 
to  prisoners  convicted  on  criminal  charges.  Security  detainees  include  some  minors. 
Detention  camps  administered  by  the  IDF  are  limited  to  male  Palestinian  detainees 
and  are  guarded  by  armed  soldiers.  The  total  number  of  Palestinian  prisoners  and 
administrative  detainees  held  by  Israel,  approximately  3,800  at  the  beginning  of  the 
year,  fell  to  3,565  by  year's  end.  The  numoer  of  administrative  detainees  (held  with 
neither  charge  nor  trial)  varied  between  293  and  573  during  the  year,  and  stood  at 
382  at  year's  end.  Some  of  these  detainees  have  been  held  for  periods  exceeding  2 
years. 

Conditions  in  IDF  detention  camps  have  been  criticized  repeatedly  over  the  years. 
Conditions  at  the  Russian  Compound  in  Jerusalem  (which  houses  a  combination  of 
security  and  common-law  prisoners  and  detainees)  were  criticized  as  "not  fit  to  serve 
as  lock -up"  by  the  High  C5ourt  of  Justice  President  Aharon  Barak  after  an  August 
visit  to  tne  facility.  Conditions  in  other  IDF  facilities  improved  in  some  respects, 
with  inmates  given  more  time  for  exercise  outside  their  cells.  Nevertheless,  rec- 
reational facilities  remain  minimal,  and  there  are  strict  limitations  on  family  visits 
to  detainees.  Visits  were  prevented  for  long  periods  during  closures  of  the  borders 
with  Gaza  and  the  West  Bank. 

Conditions  at  some  national  p>olice  detention  facilities  can  fall  below  minimum 
international  standards.  Such  facilities  are  intended  to  hold  criminal  detainees  prior 
to  trial  but  often  become  de  facto  prisons.  Those  held  include  some  security  detain- 
ees and  some  f>ersons  who  have  been  convicted  and  sentenced.  Inmates  in  the  na- 
tional police  detention  facilities  are  often  not  accorded  the  same  rights  as  prisoners 
in  the  IPS.  Moreover,  conditions  are  worse  in  the  separate  facilities  for  security  de- 
tainees maintained  both  in  police  facilities  and  in  IPS  prisons. 

In  1996  the  Government  began  a  reform  program  for  the  country's  detention  fa- 
cilities. Thus  far,  improvements  in  prison  conditions  have  been  limited  in  scope,  and 
dilapidation  and  overcrowding  (the  latter  aggravated  by  the  closure  of  IDF  detention 
facilities  in  the  occupied  territories  in  1995)  are  still  problems.  New  legislation  that 
took  effect  during  the  year  provided  for:  The  right  to  live  in  conditions  that  would 
not  harm  the  health  or  dignity  of  the  detainee;  access  to  adequate  health  care;  the 
right  to  a  bed  for  each  detainee;  and  access  to  exercise  and  fresh  air  on  a  daily 
basis.  While  the  legislation  is  a  positive  step,  authorities  expect  implementation  to 
require  time  and  additional  resources;  there  was  little  immediate  improvement  in 
1997. 


1466 

Children's  rights  groups  have  expressed  particular  concern  over  the  separate  sec- 
tions of  holding  facilities  set  aside  for  the  aetention  of  children.  Overcrowding,  p>oor 
physical  conditions,  lack  of  social  workers,  and  denial  of  visits  by  parents  are  among 
the  key  problems.  In  addition  to  some  Israeli  minors  held  in  criminal  cases,  there 
are  juveniles  among  Palestinian  detainees.  Children's  rights  activists  have  rec- 
ommended the  construction  of  a  separate  detention  facility  for  children. 

All  incarceration  facilities  are  monitored  by  various  branches  of  the  Government, 
by  members  of  the  Knesset,  and  by  the  International  Committee  of  the  Red  Cross 
(ICRC)  and  other  human  rights  groups.  While  monitoring  is  judged  to  be  effective 
overall,  in  some  instances  human  rights  groups  and  diplomatic  officials  were  denied 
timely  access  to  specific  detainees,  usually  Palestinians  held  without  charge  or  trial 
for  alleged  security  offenses  (see  Section  l.d.  of  the  annex). 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest  of  citi- 
zens, and  the  Government  generally  observes  this  prohibition.  Defendants  are  con- 
sidered innocent  until  proven  guilty  and  have  the  right  to  writs  of  habeus  corpus 
and  other  procedural  safeguards.  However,  a  1979  law  permits  detention  without 
charge  or  trial,  which  is  used  in  security  cases.  The  Minister  of  Defense  may  issue 
a  detention  order  for  a  maximum  of  1  year.  Within  24  hours  of  issuance,  detainees 
must  appear  before  a  district  judge  who  may  confirm,  shorten,  or  overturn  the 
order.  If  the  order  is  confirmed,  an  automatic  review  takes  place  afler  3  months. 
Detention  orders  were  confirmed  in  all  cases  during  the  year.  Detainees  have  the 
right  to  be  represented  by  counsel  and  to  appeal  detention  orders  to  the  High  Court 
of  Justice;  however,  the  security  forces  may  delay  notification  of  counsel  with  the 
consent  of  a  judge.  According  to  human  rights  groups  and  legal  experts,  there  were 
cases  in  which  a  judge  denied  the  Government  the  right  to  delay  notification  of 
counsel.  At  detention  hearings,  the  security  forces  may  withhold  evidence  from  de- 
fense lawyers  on  security  grounds.  The  Government  may  also  seek  to  renew  admin- 
istrative detention  orders.  However,  the  security  services  must  "show  cause"  for  con- 
tinued detention,  and,  in  some  instances,  individuals  were  released  because  the 
standard  could  not  be  met. 

In  felony  cases,  a  district  court  judge  may  postpone  for  48  hours  the  notification 
of  arrest  to  the  detainee's  attorney.  The  postponement  may  be  extended  to  7  days 
by  the  Minister  of  Defense  on  national  security  grounds  or  by  the  police  inspector 
general  to  conduct  an  investigation.  Moreover,  a  judge  may  postpone  notification  for 
up  to  15  days  in  national  security  cases. 

New  legislation  took  effect  in  1997,  defining  more  narrowly  the  grounds  for  pre- 
trial detention  and  reducing  to  24  hours  the  length  of  time  a  person  may  be  held 
without  charge.  Children's  rights  activists  have  recommended  separate  legislation  to 
define  when  and  how  a  child  may  be  arrested  and  how  long  children  may  be  de- 
tained. 

Most  of  the  protections  afforded  by  law  are  not  extended  to  Palestinian  detainees, 
who  fall  under  the  jurisdiction  of  military  law  even  if  they  are  detained  in  Israel. 
With  IDF  redeployment  on  the  West  Bank,  detention  centers  there  were  closed  in 
1995.  As  a  result,  all  Palestinian  detainees  held  for  longer  than  1  or  2  days  are  in- 
carcerated in  Israel  (see  Section  l.d.  Of  the  annex). 

The  Government  detains  80  non-Palestinian  Arabs.  This  total  is  a  mixture  of  com- 
mon prisoners,  administrative  detainees,  and  security  detainees.  The  Government 
continues  to  deny  ICRC  access  to  two  Lebanese  citizens.  Sheikh  Mustafa  Dirani 
(held  without  charge  since  1994)  and  Sheikh  Obeid  (held  without  charge  since 
1989).  These  two  cases  appear  linked  to  government  efforts  to  obtain  information 
on  Israeli  military  personnel  believed  to  be  prisoners  of  war  or  missing  in  Lebanon. 
In  addition,  the  Government  detains  19  other  Lebanese  citizens  without  charge,  in- 
cluding 11  who  have  completed  prison  sentences  of  up  to  10  years  but  are  still  being 
held  without  charge. 

The  law  prohibits  forced  exile  of  citizens,  and  there  is  no  indication  that  the  Gov- 
ernment engaged  in  such  practices. 

e.  Denial  of  Fair  Public  Trial. — The  law  provides  for  an  independent  judiciary, 
and  the  Government  respects  this  provision  in  practice.  In  practice,  however,  the  ju- 
diciary usually  acquiesces  to  the  Government's  position  in  security  cases.  The  judici- 
ary provides  citizens  with  a  fair  and  efficient  judicial  process. 

The  judicial  system  is  composed  of  civil,  military,  religious,  labor  relations,  and 
administrative  courts,  with  the  High  Court  of  Justice  (Supreme  Court)  at  the  apex. 
The  Hiffh  Court  of  Justice  is  an  appellate  court.  Each  of  the  cited  courts,  including 
the  High  Court  of  Justice,  have  appellate  courts  or  jurisdictions. 

The  law  provides  for  the  right  to  a  hearing  with  representation  by  counsel,  and 
authorities  observe  this  right  in  practice.  A  planned  regional  and  national  system 
of  public  defenders  operated  by  the  Ministry  of  Justice  was  inaugurated  in  1996 


1467 

with  the  opening  of  a  Tel  Aviv  ofiice,  although  that  office  has  suffered  serious  budg- 
et shortages. 

All  nonsecurity  trials  are  public  except  those  in  which  the  interests  of  the  parties 
are  deemed  best  served  by  privacy.  Cases  involving  national  security  may  be  tried 
in  either  military  or  civil  courts  and  may  be  partly  or  wholly  closed  to  the  public. 
The  Attorney  General  determines  the  venue  m  such  cases.  The  prosecution  must 
justify  closing  the  proceedings  to  the  public.  Adult  defendants  have  the  right  to  be 
represented  by  counsel  even  in  closed  proceedings  but  may  be  denied  access  to  some 
evidence  on  security  grounds.  Convictions  may  not  be  based  on  any  evidence  denied 
to  the  defense.  Nevertheless,  in  the  1995  case  of  Mohammed  Salah,  he  was  denied 
access  to  some  evidence,  but  it  is  not  clear  that  he  was  convicted  on  the  basis  of 
that  evidence. 

The  legal  system  often  hands  out  far  stiffer  punishments  to  non-Jewish  persons 
than  to  Jewish  citizens.  For  example,  human  rights  advocates  claim  that  Palestin- 
ians and  Arab  Israelis  convicted  of  murder  usually  receive  life  sentences,  while  Jew- 
ish Israelis  often  receive  significantly  shorter  sentences.  To  the  extent  that  Palestin- 
ians are  tried  in  Israeli  courts,  they  receive  harsher  punishments  than  Jewish  Israe- 
lis. Noam  Freidman,  a  Jewish  extremist  who  lightly  wounded  six  Palestinians  after 
opening  fire  in  a  crowded  Hebron  market  on  January  1,  had  charges  against  him 
dropped  after  a  military  court  ruled  that  he  was  not  mentally  fit  to  stand  trial.  This 
ruling  was  reached  despite  a  decision  by  a  psychiatric  board  that  he  was  mentally 
competent  to  stand  trial.  On  February  11,  Israel  released  30  Palestinian  women 
prisoners,  5  of  whom  were  serving  sentences  for  murder  or  for  being  an  accomplice 
to  murder,  as  part  of  the  accord  on  Hebron  redeployment.  On  October  1,  Sheikh 
Ahmed  Yassin,  founder  of  the  HAMAS  movement,  was  released  by  Israel  from  a 
maximum  security  prison  and  flown  to  Jordan. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — Al- 
though privacy  of  the  individual  and  the  home  are  generally  protected  by  law,  au- 
thorities sometimes  interfere  with  mail  and  monitor  telephone  conversations.  In 
criminal  cases,  the  law  permits  wiretapping  under  court  order;  in  security  cases,  the 
order  must  be  issued  by  the  Ministry  of  Defense.  Under  emergency  regulations,  au- 
thorities may  open  and  destroy  mail  on  security  grounds  (see  Section  l.f.  of  the 
Annex). 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  in  Internal  Con- 
flicts.— Israeli  forces  and  the  Israeli-sponsored  South  Lebanese  Army  (SLA)  and 
Hizballah  (and  to  a  lesser  extent  the  Lebanese  army)  engaged  in  a  recurring  cycle 
of  violence  in  southern  Lebanon.  Hizballah  attacked  SLA  forces  and  Israeli  troops 
deployed  on  Lebanese  soil.  Hizballah  (and  possibly  armed  Palestinian  groups)  also 
launched  rocket  attacks  against  northern  Israel.  Israeli  forces  conducted  repeated 
air  strikes  and  artillery  barrages  on  Hizballah,  Lebanese  army,  and  Palestinian  po- 
sitions inside  Lebanon. 

An  undetermined  number  of  Lebanese  civilians  were  killed  in  south  Lebanon; 
however,  the  total  was  lower  than  in  1996,  primarily  due  to  the  April  26,  1996  un- 
derstanding between  Israel  and  Lebanon,  which  commit  the  two  sides  to  end  the 
targeting  oT  civilians  or  the  launching  of  attacks  from  civilian-populated  areas. 

Politically  motivated  killings  continued  as  Palestinian  extremists  sought  to  dis- 
rupt the  Israel-Palestinian  peace  process.  On  March  21  a  suicide  bomber  killed  3 
Israelis  and  wounded  48  in  an  attack  on  a  Tel  Aviv  cafe.  On  July  30,  two  suicide 
bombers  killed  16  persons  and  wounded  178  in  an  attack  on  a  Jerusalem  market. 
On  September  4,  3  suicide  bombers  killed  5  persons  and  wounded  181  in  an  attack 
on  a  Jerusalem  pedestrian  shopping  mall  (see  Section  l.g.  of  the  Annex). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  provides  for  freedom  of  the  press,  and 
the  Government  generally  resjjects  this  right  in  practice.  The  law  authorizes  the 
Government  to  censor  any  material  reported  from  Israel  or  the  occupied  territories 
regarded  as  sensitive  on  national  security  grounds.  A  new  censorship  agreement 
signed  in  1996  between  the  Government  and  media  representatives  continues  the 
trend  to  broaden  liberalization  of  Israel's  censorship  regime.  The  agreement  pro- 
vides that  military  censorship  is  to  be  applied  only  in  cases  involving  national  secu- 
rity issues  that  have  a  near  certainty  of  harming  Israel's  defense  interests,  and  it 
now  applies  to  all  media  organizations  in  Israel,  including  local  and  Arabic-language 
newspapers.  All  media  organizations  can  appeal  the  censor's  decision  to  the  High 
Court  of  Justice.  Moreover,  a  new  clause  abolishes  the  right  of  the  censor  to  shut 
down  a  newspaper  for  a  censorship  violation  and  eliminates  the  ability  of  the  office 
of  the  censor  to  appeal  a  decision  against  it.  News  printed  or  broadcast  abroad  may 


1468 

be  reported  without  censorship,  which  permits  the  Israeli  media  to  run  censored  sto- 
ries by  attributing  them  to  foreign  sources. 

Emergency  regulations  prohibit  anyone  from  expressing  support  for  illegal  organi- 
zations. On  occasion  in  the  past,  the  Government  has  prosecuted  persons  for  speak- 
ing or  writing  on  behalf  of  terrorist  groups.  No  such  cases  were  filed  in  1997. 

Individuals,  organizations,  the  press,  and  the  electronic  media  freely  debate  public 
issues  and  criticize  government  officials  and  policies.  In  October  the  High  Court  of 
Justice  upheld  the  conviction  for  sedition  of  two  members  of  the  extremist  Jewish 
Zo  Artsenu  movement.  For  the  most  part,  however,  the  Attorney  General,  while  con- 
denming  hate  speech,  has  concluded  that  such  speech  cannot  be  prosecuted. 

AU  newspapers  are  privately  owned  and  managed.  Newspaper  licenses  are  valid 
only  for  Israel;  separate  licenses  are  reouired  to  distribute  publications  in  areas  in 
the  occupied  territories  still  under  Israel  s  authority. 

Directed  by  a  government  appointee,  the  quasi-mde pendent  Israel  Broadcast  Au- 
thority (IBA)  controls  television  Channel  1  and  Kol  Israel  radio,  both  major  sources 
of  news  and  information.  Six  cable  companies  operate  under  franchises  granted  by 
government  councils.  Privatelv-owned  Channel  2  Television,  the  first  commercial 
television  channel,  is  operated  by  three  franchise  companies.  There  are  13  private 
radio  outlets.  The  Second  Television  and  Radio  Authority,  a  public  body,  supervises 
both  Channel  2  and  the  regional  radio  stations. 

The  Government  respects  academic  freedom. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  the  right 
of  as.«tembly,  and  the  Government  generally  respects  this  provision  in  practice. 

The  law  provides  for  the  right  of  association,  and  the  Government  generally  re- 
spects this  provision  in  practice.  After  the  Hebron  massacre  in  1994,  the  Cabinet 
invoked  the  1948  Ordinance  for  the  Prevention  of  Terror  to  ban  the  ultranationalist 
Kach  and  Kahane  Chai  organizations,  a  ban  that  remains  in  effect.  The  decision 
stipulates  imprisonment  for  anyone  belonging  te,  or  expressing  support  for,  either 
organization. 

c.  Freedom  of  Religion. — ^The  law  provides  for  freedom  of  religion,  and  the  Govern- 
ment generally  respects  this  right.  Approximately  81  percent  of  citizens  are  Jewish. 
Muslims,  Christians,  Druze,  and  members  of  other  religions  make  up  the  remaining 
19  percent.  Each  recognized  religious  community  has  legal  authority  over  its  mem- 
bers in  matters  of  marriage  and  divorce.  Secular  courts  have  primacy  over  questions 
of  inheritance,  but  parties,  by  mutual  agreement,  may  bring  cases  to  religious 
courts.  Jewish  and  Druze  families  may  ask  for  some  family  status  matters,  such  as 
alimony  and  child  custody  in  divorces,  to  be  adjudicated  in  civil  courts  as  an  alter- 
native to  religious  courts.  Christians  may  only  ask  that  child  custody  and  child  sup- 

Eort  be  adjudicated  in  civil  courts,  while  Muslims  have  no  recourse  to  civil  courts, 
legislation  passed  in  1996  allows  the  rabbinical  courts  to  sanction  either  party  who 
is  not  willing  to  grant  a  divorce. 

Many  citizens  object  to  the  Orthodox  Jewish  religious  authorities'  exclusive  con- 
trol over  marriage,  divorce,  and  burial,  whether  Jews  are  Orthodox  or  not.  These 
authorities  do  not  recognize  marriages  or  conversions  to  Judaism  performed  in  Is- 
rael by  Conservative  or  Reform  rabbis.  These  issues  have  been  a  source  of  sharp 
division  within  society,  particularly  in  recent  years,  as  thousands  of  Jewish  immi- 
grants from  the  former  Soviet  Union  have  brought  with  them  family  members  not 
recognized  as  Jewish  by  Orthodox  authorities. 

A  large  number  of  Jews  who  wish  to  be  married  in  secular  or  non-Orthodox  reli- 
gious ceremonies  do  so  abroad.  The  Ministry  of  Interior  recognizes  such  marriages. 

The  Government  provides  greater  financial  support  to  institutions  in  the  Jewish 
sector  to  those  in  the  non-Jewish  sector,  i.e.,  Muslim,  Christian,  and  Druze.  For  ex- 
ample, only  2  percent  of  the  Ministry  of  Religious  AfTairs  budget  goes  to  the  non- 
Jewish  sector,  despite  the  fact  that  Muslims,  Christians,  and  Druze  constitute  19 
percent  of  the  population.  The  High  Court  of  Justice  heard  a  case  in  February  alleg- 
ing that  this  constitutes  discrimination.  The  Court  refused  to  rule  on  the  case  in 
1997  and  suggested  that  the  petitioners  refile  the  case  after  the  passage  of  the  1998 
budget,  which  the  petitioners  have  done. 

Missionaries  are  allowed  to  proselytize,  although  Mormons  are  specifically  prohib- 
ited from  doing  so  by  mutual  agreement  between  the  Church  of  Jesus  Christ  of  the 
Latter-Day  Saints  and  the  Government.  A  1977  anti-proselytizing  law  prohibits  any- 
one from  offering  or  receiving  material  benefits  as  an  inducement  to  conversion,  but 
the  law  has  not  been  applied  for  several  years.  A  bill  that  would  impose  even  more 
stringent  restrictions  on  proselytizing,  including  banning  the  distribution  of  written 
materials  encouraging  conversions,  was  presented  to  the  Knesset  in  1997  but  was 
not  expected  to  be  approved. 

Jehovah's  Witnesses  have  sufTered  both  threats  and  attacks,  apparently  by  ultra- 
Orthodox  groups.  Jehovah's  Witnesses  complain  that  despite  police  investigations, 


1469 

no  f>erpetrators  have  been  prosecuted.  A  March  8  attack  on  a  Jehovah's  Witnesses 
meeting  house  in  Lod  caused  extensive  property  damage. 

The  Government  has  recognized  only  Jewish  holy  places  under  the  1967  Protec- 
tion of  Holy  Sites  law,  therefore  denying  government  funding  for  the  preservation 
and  protection  of  Christian,  Druze,  Muslim,  Baha'i,  and  other  religious  sites.  A  Jan- 
uary challenge  to  this  practice  led  the  Ministry  of  Religious  Affairs  to  agree  to  con- 
sider funding  requests  for  non-Jewish  sites. 

A  1995  High  Court  of  Justice  ruling  allows  small  numbers  of  Jews  under  police 
escort  to  prav  on  the  Temple  Mount,  which  is  the  site  of  two  Muslim  holy  places 
and  also  the  location  of  the  First  and  Second  Jewish  Temples. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  law  provides  for  these  rights,  and  the  Government  respects  them 
in  practice  for  citizens,  except  with  regard  to  military  or  security  zones  or  in  in- 
stances where  citizens  may  oe  confined  by  administrative  order  to  their  neighbor- 
hoods or  villages.  In  1996  rabbinical  courts  asserting  jurisdiction  over  divorce  cases 
refused  at  least  two  visiting  U.S.  citizens  permission  to  depart  the  country  until 
their  cases  were  tried.  While  both  men  managed  to  depart  Israel,  their  cases  remain 
open  (see  Section  5).  The  Government  continued  to  restrict  the  movements  of  two 
Jewish  settlers  living  in  the  occupied  territories  who  belonged  to  extremist  Kach  or 
Kahane  Chai  groups,  through  the  use  of  administrative  orders  issued  by  the  IDF 
central  command  (see  Section  2.d.  of  the  Annex).  The  (jovemment  prevented  an  ad- 
ditional three  members  of  a  Jewish  ultranationalist  organization  from  entering  the 
occupied  territories. 

Citizens  are  free  to  travel  abroad  and  to  emigrate,  provided  they  have  no  out- 
standing military  obligations  and  are  not  restricted  by  administrative  order.  In  1997 
the  Government  again  permitted  Muslim  citizens  over  30  years  of  age  to  perform 
the  religious  pilgrimage  to  Mecca,  but  it  denied  permission  to  Muslim  citizens  under 
30  years  of  years  of  age  on  security  grounds.  The  (Jovernment  asserts  that  travel 
to  Saudi  Arabia,  which  is  still  in  a  state  of  war  with  Israel,  is  a  privilege  and  not 
a  right. 

The  (jovemment  welcomes  Jewish  immigrants,  their  families,  and  Jewish  refu- 
gees, on  whom  it  confers  automatic  citizenship  and  residence  rights  under  the  Law 
of  Return.  This  law  does  not  apply  to  non-Jews  or  to  persons  of  Jewish  descent  who 
have  converted  to  another  faith.  Other  than  the  Law  of  Return,  which  applies  only 
to  Jews,  and  the  family  reunification  statutes,  which  mainly  apply  to  Arabs  who  fled 
Israel  in  1948—49,  Israel  has  no  immigration  law  that  provides  for  immigration  to 
Israel,  or  for  political  asylum.  The  law  does  allow  individuals  to  live  in  Israel  as 
permanent  residents. 

The  issue  of  first  asylum  did  not  arise  in  1997.  The  Government  cooperates  with 
the  office  of  the  United  Nations  High  Commissioner  for  Refugees  and  other  humani- 
tarian organizations  in  assisting  refugees. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  law  provides  citizens  with  the  right  to  change  peacefully  their  government, 
and  citizens  exercise  this  right  in  practice  through  periodic,  free,  and  fair  elections 
held  on  the  basis  of  universal  sufTrage  for  adult  citizens.  The  last  national  elections 
were  held  in  May  1996,  when  voters  elected  the  Prime  Minister  by  direct  ballot  for 
the  first  time. 

Israel  is  a  parliamentary  democracy,  with  an  active  multiparty  system  in  which 
a  wide  range  of  political  views  are  represented.  Relatively  small  parties,  including 
those  whose  primary  support  is  among  Israeli  Arabs,  regularly  win  seats  in  the 
Knesset.  Elections  are  by  secret  ballot. 

While  there  are  no  legal  impediments  to  the  participation  of  women  and  minori- 
ties in  government,  they  are  underrepresented.  Women  hold  9  of  120  Knesset  seats, 
compared  with  11  female  members  in  the  previous  Knesset.  There  are  11  Arab  and 
1  Druze  in  the  new  Knesset,  compared  with  7  and  2  prior  to  the  May  1996  election; 
most  represent  parties  deriving  their  support  largely  or  entirely  from  the  Arab  com- 
munity. Of  the  Knesset's  12  committees,  2  (including  the  Committee  on  the  Status 
of  Women)  are  chaired  by  a  woman,  and  another  is  chaired  by  the  Druze  member 
of  the  legislature.  There  is  one  woman  in  the  Cabinet,  and  no  Arab  or  Druze  min- 
isters or  deputy  ministers.  Three  women,  but  no  Arab  or  Druze  citizens,  serve  on 
the  14-memDer  High  Court  of  Justice. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
A  wide  variety  of  human  rights  groups  operate  without  government  restriction, 
investigating  and  publishing  their  findings  on  human  rights  cases.  (Government  offi- 


1470 

cials  generally  cooperate  with  investigations.  However,  the  Government  withheld  its 
cooperation  from  tne  U.N.  Special  Committee  to  Investigate  Israeli  Practices  Affect- 
ing the  Human  Rights  of  the  Palestinian  People  and  Other  Arabs  of  the  Occupied 
Territories.  The  Special  Committee  reported  in  October  that  the  Government  did  not 
respond  to  its  communications.  In  1996  Human  Rights  Watch  activist  Bashar 
Tarabieh  was  detained,  held  without  charge,  physically  abused,  and  then  released 
without  charge. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  law  prohibits  discrimination  on  the  basis  of  sex,  or  marital  status.  The  law 
also  prohibits  discrimination  by  both  government  and  nongovernmental  entities  on 
the  basis  of  race,  religion,  political  beliefs,  and  age.  Local  human  rights  groups  are 
concerned  that  resources  for  implementing  those  laws,  or  mechanisms  for  their  en- 
forcement, are  sometimes  lacking. 

Women. — There  continued  to  be  action,  both  in  and  out  of  government,  to  deal 
with  the  issue  of  violence  against  women  in  Jewish  and  Arab  communities.  The 
Government  has  allocated  funds  for  a  special  campaign  to  combat  such  violence. 
Groups  that  focus  on  domestic  violence  include  a  committee  established  by  the  Min- 
istry of  Labor  and  Social  Affairs  that  includes  Jewish  and  Arab  nongovernmental 
organizations  (NGO's)  as  well  as  government  representatives,  and  a  coalition  of 
human  rights  organizations.  Approximately  23  women  were  killed  by  their  hus- 
bands or  other  male  relatives  during  the  year.  Women's  organizations  protested  an 
October  decision  by  the  Attorney  General  not  to  press  charges  against  a  Knesset 
member  accused  of  abusing  his  wife.  According  to  the  most  recent  estimates,  some 
200,000  women  suffer  from  domestic  violence  each  year,  and  some  7  percent  of  these 
are  abused  on  a  regular  basis. 

Arab  human  rights  advocates  also  have  formed  a  coalition  to  raise  public  aware- 
ness of  so-called  family  honor  killings,  a  term  commonly  used  for  the  murder  of  a 
female  by  a  male  relative  for  alleged  misconduct.  At  least  9  of  the  23  women  killed 
in  1997  were  killed  in  family  honor  cases. 

The  Government  supports  10  shelters  for  battered  women,  including  1  exclusively 
for  Arab  women  and  1  for  both  Arab  and  Jewish  women.  Women's  rights  advocates 
consider  this  number  inadequate. 

According  to  the  1991  Domestic  Violence  law,  a  district  or  magistrate  court  may 
prohibit  access  by  violent  family  members  to  their  property.  Women's  groups  cooper- 
ate with  legal  and  social  service  institutions  to  provide  women's  rights  education. 
While  sentences  handed  down  to  men  convicted  of  rape  have  increased  in  recent 
years,  women's  rights  activists  argue  that  the  penalties  are  not  sufficiently  harsh. 

Civil  rights  groups  also  expressed  concern  about  an  increased  incidence  of  phys- 
ical attacks  by  Jewish  religious  extremists,  particularly  in  Jerusalem,  against 
women  whom  they  consider  to  be  immodestly  dressed  in  public. 

Women's  advocacy  gT^oups  report  that  women  routinely  receive  lower  wages  for 
comparable  work,  are  promoted  less  often,  and  have  fewer  career  opportunities  than 
their  male  counterparts.  In  1996  the  Equal  Pay  Law,  which  required  employers  to 
pay  male  and  female  workers  equal  wages  for  equal  work,  was  replaced  by  new  leg- 
islation that  redefines  compensation  to  include  important  side  benefits,  and  allows 
for  class  action  suits.  An  amendment  to  the  social  security  law  allowed  housewives 
some  access  to  the  nation's  social  security  pension  system. 

Legislation  in  1993,  reinforced  by  a  1994  ruling  of  the  High  Court  of  Justice,  has 
increased  the  percentage  of  women  on  the  boards  of  two-thirds  of  government-owned 
companies.  However,  their  numbers  remain  low  overall.  One  study  reported  that  in 
1996  women  made  up  more  than  30  percent  of  the  boards  in  only  39  of  118  govern- 
ment-owned companies. 

The  adjudication  of  personal  status  law  in  the  areas  of  marriage  and  divorce  is 
left  to  religious  courts,  where  Jewish  and  Muslim  women  are  subject  to  restrictive 
interpretations  of  their  rights  (see  Section  2.c.).  I^egislation  passed  in  1995  broad- 
ened the  civil  sanctions  made  available  to  rabbinical  courts  in  cases  where  a  wife 
has  ample  grounds  for  divorce — such  as  abuse — but  the  husband  refuses  to  agree. 
In  some  cases,  however,  rabbinical  courts  have  failed  to  invoke  these  sanctions.  In 
some  cases  where  a  wife  has  failed  to  agree,  a  husband  has  been  allowed  to  re- 
marry; this  permission  is  not  given  to  wives.  Such  imbalances  have  been  used  by 
husbands  to  extort  concessions  from  their  wives  in  return  for  agreeing  to  divorce. 
Rabbinical  courts  may  exercise  jurisdiction  over  non-Israeli  persons  present  in  Is- 
rael. In  two  cases  during  the  year,  U.S.  citizens  were  barred  legally  from  leaving 
Israel  as  a  result  of  divorce  proceedings.  Although  both  men  managed  to  depart  the 
country,  their  cases  remain  open. 


1471 

Religious  law  can  be  even  more  restrictive  for  Muslims:  Some  Islamic  law  courts 
have  held  that  Muslim  women  may  not  request  a  divorce,  but  that  women  may  be 
forced  to  consent  if  a  divorce  is  granted  to  a  man. 

Jewish  women  are  subject  to  the  military  draft  but  have  been  barred  from  combat 
positions.  In  response  to  a  High  Court  of  Justice  ruling,  the  Israeli  Air  Force  since 
1996  has  permitted  women  to  enter  pilot  training.  This  would  qualify  them  for  com- 
bat aviation  positions,  though  none  has  completed  the  training  successfully  to  date. 

Children. — The  Government  is  committed  to  the  rights  and  welfare  of  children. 
However,  resources  are  sometimes  insufficient  to  put  that  commitment  into  practice, 
particularly  for  low-income  families.  Education  is  compulsory  to  the  age  of  15,  or 
until  the  child  reaches  the  10th  grade,  whichever  comes  first.  Government  min- 
istries, children's  rights  groups,  and  members  of  the  legislature  often  cooperate  on 
children's  rights  issues.  The  Government  provides  an  extensive  health  care  program 
for  children.  There  is  a  broad  networic  of  mother  and  child  clinics,  which  provide 
prenatal  care  as  well  as  postnatal  follow-up. 

The  Government  has  legislated  against  sexual,  physical,  and  psychological  abuse 
of  children  and  has  mandated  comprehensive  reporting  requirements.  Although 
there  has  been  a  sharp  increase  in  reported  cases  of  child  abuse  in  recent  years, 
activists  believe  that  this  is  largely  due  to  increased  awareness  of  the  issue  rather 
than  a  growing  pattern  of  abuse.  There  are  now  five  shelters  for  children  at  risk. 
The  Ministry  of  Justice  formed  a  committee  with  police  and  NGO  representatives 
that  is  attempting  to  assess  the  scope  of  child  prostitution.  Children's  rights  activ- 
ists estimate  that  there  may  be  several  hundred  prostitutes  among  the  nation's  chil- 
dren, and  they  warn  that  the  phenomenon  is  unlikely  to  be  eradicated  until  the  so- 
cial problems  that  give  rise  to  it — including  child  abuse  and  schools  that  give  up 
too  readily  on  dropouts — are  addressed. 

NGO's  in  the  field  of  children's  welfare  concentrate  their  efforts  on  public  edu- 
cation, on  promoting  the  concept  of  children's  rights  as  citizens,  on  improving  legal 
representation  for  minors,  and  on  combating  the  problems  of  poverty,  which  are 
most  notable  for  the  Bedouin  children  of  the  south.  There  has  been  concern  about 
the  children  of  the  country's  growing  population  of  foreign  workers,  many  of  them 
in  the  country  illegally.  Children  of  such  families,  believed  to  number  in  the  thou- 
sands, exist  in  a  legal  and  social  limbo,  without  access  to  schools  or  adequate  health 
services. 

Privately  funded  children's  ri^ts  information  centers  have  been  established  in 
some  communities,  and  the  Government  assists  in  funding  additional  centers  in 
other  cities. 

People  With  Disabilities. — The  Government  provides  a  range  of  benefits,  including 
income  maintenance,  housing  subsidies,  and  transportation  support  for  disabled  per- 
sons, who  comprise  about  10  percent  of  the  population.  Existing  antidiscrimination 
laws  do  not  prohibit  discrimination  based  on  disability,  and  these  citizens  continue 
to  encounter  difficulties  in  areas  such  as  employment  and  housing.  A  law  requiring 
access  for  the  disabled  to  public  buildings  is  not  widely  enforced.  There  is  no  law 
providing  for  access  to  public  transportation  for  people  with  disabilities.  A  1996  law 
extended  disability  assistance  for  deaf  children  from  the  age  of  14  to  maturity. 

Religious  Minorities. — Tensions  between  secular  and  religious  elements  of  Israeli 
society  grew  in  1997.  The  non-Orthodox  Jewish  community  in  particular  has  com- 
plained of  discrimination  and  intolerance.  A  kindergarten  operated  by  the  Reform 
community  in  Mevasseret  Ziyyon  was  firebombed  in  August.  A  police  investigation 
has  not  uncovered  any  suspects. 

In  June  Jewish  militant  Tatyana  Suskin  put  up  posters  in  Hebron  that  depicted 
the  Prophet  Mohammed  as  a  pig,  triggering  riots  by  Arab  residents  of  the  city.  On 
December  30,  a  Jerusalem  court  convicted  Suskin  of  committing  an  act  of  racism 
and  trying  to  offend  religious  feelings.  She  was  sentenced  to  2  years  in  prison. 

In  civic  areas  where  religion  is  a  determining  criterion,  such  as  the  religious 
courts  and  centers  of  education,  non-Jewish  institutions  routinely  receive  less  state 
support  than  their  Jewish  counterparts.  The  status  of  a  number  of  Christian  organi- 
zations with  representation  in  Israel  has  heretofore  been  defined  by  a  collection  of 
ad  hoc  arrangements  with  various  government  agencies.  Several  of  these  organiza- 
tions seek  to  negotiate  with  the  Government  in  an  attempt  to  formalize  their  status. 

National/ Racial/ Ethnic  Minorities. — The  Government  does  not  provide  Israeli 
Arabs,  who  constitute  19  percent  of  the  population,  with  the  same  quality  of  edu- 
cation, housing,  employment,  and  social  services  as  Jews.  In  addition,  government 
spending  is  far  lower  in  predominantly  Arab  areas  than  in  Jewish  areas.  Govern- 
ment efforts  to  close  the  gaps  between  Israel's  Jewish  and  Arab  citizens  have  re- 
sulted in  an  estimated  160  percent  increase  in  resources  devoted  to  Arab  commu- 
nities between  1992  and  1996.  Nevertheless,  significant  differences  remain.  Israeli- 
Arab  organizations  have  challenged  the  Government's  "Master  Plan  for  the  North- 


1472 

em  Areas  of  Israel,"  which  listed  as  priority  goals  increasing  the  Galilee's  Jewish 
population  and  blocking  the  territorial  contiguity  of  Arab  villages  and  towns,  on  the 
grounds  that  it  discriminates  against  Arab  citizens. 

Relative  to  their  numbers,  Israeli  Arabs  are  underrepresented  in  the  student  bod- 
ies and  faculties  of  most  universities  and  in  higher  level  professional  and  business 
ranks.  Well-educated  Arabs  are  often  unable  to  find  jobs  commensurate  with  their 
level  of  education,  with  Arab  Ph.D.'s  suffering  the  greatest  problems.  A  small  num- 
ber of  Israeli  Arabs  have  risen  to  responsible  positions  in  the  civil  service,  generally 
in  the  Arab  departments  of  government  ministries.  In  1994  a  civil  service  commis- 
sion 3-year  affirmative  action  program  to  expand  that  number,  but  it  has  had  only 
modest  results.  The  Government  has  allocated  only  very  limited  resources  to  enforce 
Landmark  1995  legislation  prohibiting  discrimination  in  employment. 

In  practice,  Israeli  Arabs  are  not  allowed  to  work  in  companies  with  defense  con- 
tracts or  in  security-related  fields.  The  Israeli  Druze  and  Circassian  communities 
are  subject  to  the  military  draft,  and  although  some  have  refused  to  serve,  the  over- 
whelming majority  accept  service  willingly.  Some  Bedouin  and  other  Arab  citizens 
who  are  not  subject  to  the  draft  serve  voluntarily.  Those  not  subject  to  the  draft 
have  less  access  than  other  Israelis  to  those  social  and  economic  benefits  for  which 
military  service  is  a  prerequisite  or  an  advantage,  such  as  housing,  new-household 
subsidies,  and  government  or  security-related  industrial  employment.  Under  a  1994 
government  policy  decision,  the  social  security  child  allowance  for  parents  who  did 
not  serve  in  the  military  and  did  not  attend  a  Yeshiva  (including  Arabs)  was  in- 
creased to  equal  the  allowance  of  those  who  had  done  so. 

Israeli  Arab  groups  allege  that  many  employers  use  the  prerequisite  of  military 
service  to  avoid  hiring  non-Jews.  For  example,  a  Haifa  employment  agency  ran  ads 
seeking  Arabic-speaking  telephone  operators  and  listed  military  service  as  a  pre- 
requisite. An  Israeli  Arab  group  noted  that  there  was  no  clear  justification  for  this 
requirement,  and  it  threatened  to  file  a  civil  suit  under  a  law  prohibiting  employ- 
ment discrimination,  and  defining  requirements  unrelated  to  actual  work  as  dis- 
criminatory. At  year's  end,  the  employment  agency  agreed  to  change  the  advertise- 
ment and  run  it  again. 

The  Government  has  yet  to  fulfill  its  commitment  to  resolve  the  legal  status  of 
unrecognized  Arab  villages.  Eight  villages  have  been  recognized  since  1994,  but 
nearly  a  hundred  more,  of  varying  size  and  with  a  total  population  of  nearly  70,000 
people,  remain  in  limbo.  Such  villages  have  none  of  the  infrastructure,  such  as  elec- 
tricity, provided  to  recogriized  villages  and  towns.  Private  efforts  have  supplied  some 
with  water.  In  June  residents  of  unrecognized  villages  petitioned  the  Hign  Court  of 
Justice  to  order  the  Government  to  list  their  place  of  residence  as  their  address  on 
their  identity  cards  and  as  their  mailing  address.  In  the  Negev,  a  government  pro- 
gram to  provide  housing  for  thousands  of  Bedouin  in  seven  concentrated  settlements 
has  been  criticized  as  akely  to  aggravate  the  severe  poverty  there  and  disrupt  the 
indigenous  culture. 

Arab  children  make  up  about  a  quarter  of  Israel's  public  school  population,  but 
government  resources  for  them  are  not  equal  to  those  for  Jewish  children.  Many 
schools  in  Arab  communities  are  dilapidated  and  overcrowded,  lack  special  edu- 
cation services  and  counselors,  have  poor  libraries,  and  have  no  sports  facilities. 
Arab  groups  also  note  that  the  public  school  curriculum  stresses  Israel's  Jewish  cul- 
ture and  heritage. 

Israeli-Arab  students  also  are  not  eligible  to  participate  in  a  special  education  pro- 
gram to  provide  academic  assistance  to  students  from  disadvantaged  backgrounds. 
A  petition  was  filed  with  the  High  Court  of  Justice  in  May  charging  that  the  Min- 
istry of  Education's  refusal  to  provide  this  pro-am  to  Israeli-Arab  students  was  dis- 
criminatory. The  Court  recognized  the  petition's  merit  by  ordering  the  Attorney 
General's  office  to  respond  to  the  petition.  The  Attorney  General's  omce  agreed  that 
the  policy  constituted  impermissible  discrimination  but  asked  for  5  years  to  expand 
the  program  to  Israeli-Arab  students.  The  petitioners  rejected  this  proposal  as  being 
too  slow.  The  Court  formed  a  special  committee  to  study  the  problem. 

Unresolved  problems  of  many  years'  standing  also  include  claims  by  Arab  groups 
that  land  expropriation  for  public  use  has  affected  the  Arab  community  dispropor- 
tionately; that  Arabs  have  been  allowed  too  little  input  in  planning  decisions  that 
afiect  their  schools  and  municipalities;  that  mosques  and  cemeteries  belonging  to 
the  Islamic  Waqf  (religious  endowment)  have  been  unjustly  expropriated  for  piTblic 
use;  and  that  successive  governments  have  blocked  the  return  of  persons  displaced 
in  the  early  years  of  Israel's  history  to  their  homes.  The  Government  has  yet  to 
agree  with  the  pre-1948  residents  of  the  northern  villages  of  Bir  Am  and  Ikrit,  and 
their  descendants,  regarding  their  long-time  demand  to  be  allowed  to  rebuild  their 
houses;  in  the  meantime,  permission  nas  been  given  to  Jewish  settlements  to  in- 
crease their  land  holdings  in  the  disputed  areas. 


1473 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  may  Join  and  establish  labor  organizations 
freely.  Most  unions  belong  to  Histadrut  (the  General  Federation  of  Labor  in  Israel), 
or  to  a  much  smaller  rival  federation,  the  Histadrut  Haovdim  Haleumit  (National 
Federation  of  Labor.)  These  organizations  are  independent  of  the  Government. 
Histadrut  members  democratically  elect  national  and  local  officers,  and  officials  of 
its  affiliated  women's  organization  Na'amat,  from  political  partv  lists  of  those  al- 
ready in  the  union.  Plant  or  enterprise  committee  members  are  elected  individually. 

During  the  year,  the  Histadrut  administration  continued  its  drastic  reshaping  of 
the  labor  federation,  with  further  reductions  in  staff  and  services,  as  Histadrut 
shifted  its  concentration  to  those  areas  directly  related  to  employment.  At  year's 
end,  membership — which  once  reached  1.65  million  people — stood  at  to  about 
650,0(X). 

The  ri^t  to  strike  is  exercised  regularly.  Unions  must  provide  15  days'  notice 

Erior  to  a  strike  unless  otherwise  specified  in  the  collective  bargaining  agreement, 
[owever,  unauthorized  strikes  occur.  Strike  leaders — even  those  organizing  illegal 
strikes — are  protected  by  law.  If  essential  public  services  are  affected,  the  Govern- 
ment may  appeal  to  labor  courts  for  back-to-work  orders  while  the  parties  continue 
negotiations.  There  were  a  number  of  strikes  in  both  public  and  private  sectors  dur- 
ing the  year  by  employees  protesting  the  effects  of  privatization.  Worker  dismissals 
and  the  terms  of  severance  arrangements  were  often  the  central  issues  of  dispute. 
The  September  general  strike  was  of  1  day  duration;  the  December  general  strike 
lasted  6  days. 

Palestinians  from  the  West  Bank  and  Gaza  Strip  who  work  in  Israel  may  not  join 
Israeli  trade  unions  or  organize  their  own  unions  in  Israel.  Palestinian  trade  unions 
in  the  occupied  territories  are  not  permitted  to  conduct  activities  in  Israel  (see  Sec- 
tion 6. a.  oi  the  annex).  However,  nonresident  workers  in  the  organized  sector  are 
entitled  to  the  protection  of  Histadrut  work  contracts  and  grievance  procedures. 
They  may  join,  vote  for,  and  be  elected  to  shop-level  workers'  committees  if  their 
numbers  in  individual  establishments  exceed  a  minimum  threshold.  Palestinian  par- 
ticipation in  such  committees  is  minimal. 

Labor  laws  apply  to  Palestinians  in  East  Jerusalem  and  to  the  Syrian  Druze  liv- 
ing on  the  Golan  Heights. 

Unions  are  free  to  affiliate  with  international  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Israeli  workers  fully  exercise 
their  legal  rights  to  organize  and  bargain  collectively.  While  there  is  no  law  specifi- 
cally prohibiting  antiunion  discrimination,  the  law  against  discrimination  could  be 
cited  to  contest  discrimination  based  on  union  membership.  No  antiunion  discrimi- 
nation has  been  reported. 

Nonresident  workers  may  not  organize  their  own  unions  or  engage  in  collective 
bargaining,  but  they  are  entitled  to  oe  represented  by  the  bargaining  agent  and  pro- 
tected by  collective  bargaining  agreements.  They  do  not  pay  union  membership  fees, 
but  are  required  to  pay  a  1  percent  agency  fee,  which  entitles  them  to  union  protec- 
tion by  Histadrut's  collective  bargaining  agreements.  The  Ministry  of  Labor  may  ex- 
tend collective  bargaining  agreements  to  nonunionized  workplaces  in  the  same  in- 
dustrial sector.  The  Ministry  of  Labor  also  oversees  personal  contracts  in  the  unor- 
ganized sectors  of  the  economy. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor.  Neither  citizens  nor  nonresident  Palestinians  working  in  Israel  are 
subject  to  this  practice.  Civil  rights  groups  charge  that  unscrupulous  employers 
often  take  advantage  of  illegal  workers  lack  of  status  (see  Section  6.e.)  to  hold  them 
in  conditions  amounting  to  involuntary  servitude.  The  Government  specifically  pro- 
hibits forced  child  labor,  and  it  does  not  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Children 
who  have  attained  the  age  of  15  years,  and  who  are  liable  to  compulsory  education 
under  the  compulsory  education  law,  may  not  be  employed  unless  they  work  as  ap- 
prentices under  the  apprenticeship  law.  Notwithstanding  these  provisions,  children 
who  are  14  years  old  may  be  employed  during  official  school  holidays.  Employment 
of  those  16  to  18  years  of  age  is  restricted  to  ensure  time  for  rest  and  education. 

There  are  no  reliable  data  on  illegal  child  workers.  They  are  concentrated  among 
Israel's  Arab  population  and  its  newest  Jewish  immigrants.  Illegal  employment  is 
found  primarity  in  urban,  light-industrial  areas.  Children's  riehts  groups  have  called 
for  more  vigorous  enforcement  of  child  labor  laws,  combined  with  a  parallel  effort 
to  deal  with  the  causes  of  illegal  child  labor.  The  Government  specifically  prohibits 
forced  child  labor,  and  it  does  not  occur  (see  Section  6.c.). 

e.  Acceptable  Conditions  of  Work. — Legislation  in  1987  established  a  minimum 
wage  at  45  percent  of  the  average  wage,  calculated  periodically  and  adjusted  for  cost 


1474 

of  living  increases.  At  year's  end,  the  minimum  wage  stood  at  about  $620  (roughly 
2,100  new  Israeli  shekels)  per  month.  The  minimum  wage  is  often  supplemented  by 
special  allowances  and  is  generally  sufficient  to  provide  workers  and  their  families 
with  an  acceptable  standard  of  living.  Union  officials  have  expressed  concern  over 
enforcement  of  minimum  wage  regulations,  particularly  with  respect  to  employers 
of  illegal  nonresident  workers,  who  sometimes  pay  less  than  the  minimum  wage. 

By  Taw  the  maximum  hours  of  work  at  regular  pay  are  47  hours  a  week,  8  hours 
per  day,  and  7  hours  on  the  day  before  the  weekly  rest,  which  must  be  at  least  36 
consecutive  hours  and  include  the  Sabbath.  By  national  collective  agreements,  the 
private  sector  established  a  maximum  45-hour  workweek  in  1988.  The  public  sector 
moved  to  a  5-day,  42V'2  hour  workweek  in  1989,  while  the  military  adopted  it  in 
1993. 

Employers  must  receive  a  government  permit  to  hire  nonresident  workers  from 
the  occupied  territories,  certifying  that  no  citizen  is  available  for  the  job.  AH  Pal- 
estinians from  the  occupied  territories  are  employed  on  a  daily  basis  and,  unless 
they  are  employed  on  shiftwork,  are  not  authorized  to  spend  the  night  in  Israel.  At 
the  end  of  the  year,  the  Government  was  considering  a  change  in  tnis  provision  to 
allow  Palestinian  workers  to  remain  overnight  for  a  week  at  a  time.  Palestinians 
without  valid  work  permits  are  subject  to  arrest. 

Nonresident  workers  are  paid  through  the  Employment  Service  of  the  Ministry 
of  Labor,  which  disburses  wages  and  benefits  collected  from  employers.  The  Min- 
istry deducts  a  1  percent  union  fee  and  the  workers'  required  contributions  to  the 
National  Insurance  Institute  (Nil),  the  agency  that  administers  the  Israeli  social  se- 
curity system,  unemployment  benefits,  and  other  benefits.  Despite  these  deductions, 
Palestinian  workers  are  not  eligible  for  all  Nil  benefits.  They  continue  to  be  insured 
for  injuries  occurring  in  Israel  and  the  bankruptcy  of  a  worker's  employer.  They  do 
not  have  access  to  unemployment  insurance,  general  disability  payments,  low-in- 
come supplements,  or  child  allotments.  By  contrast  Israeli  settlers  in  the  occupied 
territories  who  work  in  Israel  have  the  same  benefits  as  other  Israeli  workers.  The 
International  Labor  Organization  (ILO)  has  long  criticized  this  inequality  in  entitle- 
ments. The  Government  agreed  to  transfer  the  Nil  fees  collected  from  Palestinian 
workers  to  the  Palestinian  Authority,  which  is  to  assume  responsibility  for  all  the  ' 
pensions  and  social  benefits  of  Palestinians  working  in  Israel.  Implementation  of 
this  change  is  still  under  way. 

Along  with  union  representatives,  the  Labor  Inspection  Service  enforces  labor, 
health,  and  safety  standards  in  the  workplace,  although  resource  constraints  affect 
overall  enforcement.  Legislation  protects  the  employment  rights  of  safety  delegates 
elected  or  appointed  by  the  workers.  In  cooperation  with  management,  these  dele- 

fates  are  responsible  for  the  safety  and  health  of  the  workplace.  Workers  do  not 
ave  the  legal  right  to  remove  themselves  from  dangerous  work  situations  without 
jeopardy  to  continued  employment.  However,  collective  bargaining  agreements  pro- 
vide some  workers  with  recourse  through  the  work  site  labor  committee.  Any  worker 
may  challenge  unsafe  work  practices  through  government  oversight  and  legal  agen- 
cies. 

There  was  increased  public  debate  over  the  role  in  the  workplace  and  society  of 
foreign  workers,  who  are  estimated  to  number  200,000  or  more,  perhaps  half  of 
them  undocumented  and  illegally  employed.  The  majority  of  such  workers  come 
from  eastern  Europe  and  southeast  Asia,  and  most  are  employed  in  the  construction 
and  agricultural  sectors.  The  law  does  not  allow  such  workers  citizenship  or  perma- 
nent residence  in  Israel.  As  a  result,  they  and  their  families  live  in  a  legal  and  so- 
cial limbo.  Government  deportations  of  such  workers  take  place  without  benefit  of 
due  process. 


THE  OCCUPIED  TERRITORIES  (INCLUDING  AREAS  SUB- 
JECT TO  THE  JURISDICTION  OF  THE  PALESTINIAN 
AUTHORITY) 

Israel  occupied  the  West  Bank,  Gaza  Strip,  Golan  Heights,  and  East  Jerusalem 
during  the  1967  War.  The  West  Bank  and  Gaza  Strip  are  now  administered  to  vary- 
ing extents  by  Israel  and  the  Palestinian  Authority  (PA).  Pursuant  to  the  May  1994 
Gaza-Jericho  agreement  and  the  September  1995  Interim  Agreement,  Israel  trans- 
ferred most  responsibilities  for  civil  government  in  the  Gaza  Strip  and  parts  of  the 
West  Bank  to  the  PA,  including  responsibility  for  education,  culture,  health,  tour- 
ism, taxation,  social  welfare,  statistics,  local  government,  insurance,  commerce,  in- 
dustry, fuel,  gas,  agriculture,  and  labor.  Israel  continues  to  retain  responsibility  in 
the  West  Bank  and  Gaza  Strip  for  external  security,  foreign  relations,  the  overall 


1475 

security  of  Israelis,  including  public  order  in  the  Israeli  settlements,  and  certain 
other  matters.  Negotiations  on  the  final  status  of  the  occupied  territories  as  well  as 
of  Jerusalem,  boroers,  Israeli  settlements,  refugees,  and  other  matters  began  in  May 
1996  but  were  immemately  adjourned  and  have  not  been  resumed.  According  to  the 
timetable  set  out  in  the  1993  Israel-PLO  Declaration  of  Principles,  the  interim  pe- 
riod is  to  conclude  in  May  1999. 

In  addition  to  most  of  the  Gaza  Strip  and  the  Jericho  area,  which  was  turned  over 
to  the  PA  in  May  1994,  Israel  began  redeploying  its  forces  in  the  West  Bank  and 
turning  over  major  towns  and  villages  to  the  PA  in  late  1995.  Pursuant  to  the  In- 
terim Agreement  and  the  "Protocol  Concerning  Redeployment  in  Hebron,"  concluded 
on  January  15,  Israel  also  redeployed  its  forces  in  Hebron.  Israel  continues  to  con- 
trol some  civil  functions  and  is  responsible  for  all  security  in  portions  of  the  occupied 
territories  categorized  as  Zone  C,  which  includes  the  Israeli  settlements.  The  PA  nas 

Iurisdiction  over  civil  affairs  and  shares  security  responsibilities  with  Israel  in  areas 
Lnown  as  Zone  B,  and  the  PA  has  control  over  civil  affairs  and  security  in  Zone  A. 
The  PA  also  has  jurisdiction  over  some  civil  affairs  in  Zone  C.  Accordingly,  this  re- 
port discusses  the  policies  and  practices  of  both  the  Israeli  Government  and  the  PA 
in  the  areas  where  they  exercise  jurisdiction  and  control. 

Israel  continues  to  exercise  civil  authority  in  some  areas  of  the  West  Bank 
through  the  Israeli  Ministry  of  Defense's  Office  of  Coordination  and  Liaison,  known 
by  the  Hebrew  acronym  MATAK,  which  replaced  the  now  defunct  Civil  Administra- 
tion (CIVAD).  The  approximately  150,000  Israeli  settlers  living  in  the  West  Bank 
and  Gaza  Strip  are  subject  to  Israeli  law  and  are  better  treated  by  Israeli  authori- 
ties than  are  Palestinians.  The  body  of  law  governing  Palestinians  in  the  Israeli- 
controlled  portions  of  the  territories  derives  from  Ottoman,  British  Mandate,  Jor- 
danian, and  Egyptian  law,  and  Israeli  military  orders.  In  Palestinian-  controlled 
areas,  laws  and  regulations  promulgated  by  the  PA  are  also  in  force.  The  United 
States  and  the  international  community  considers  Israel's  authority  in  the  occupied 
territories  to  be  subject  to  the  Hague  Regulations  of  1907  and  the  1949  Geneva  Con- 
vention Relating  to  the  Protection  of  Civilians  in  Time  of  War.  The  Israeli  Govern- 
ment considers  the  Hague  Regulations  applicable  and  states  that  it  observes  the  Ge- 
neva Convention's  humanitarian  provisions. 

In  January  1996,  Palestinians  chose  their  first  popularly  elected  government  in 
democratic  elections,  which  were  generally  well-  conducted.  The  88-member  Council 
and  the  Chairman  of  the  Executive  Authority  were  elected.  The  PA  also  has  a  cabi- 
net of  20  appointed  ministers  who  oversee  23  ministries.  PA  Chairman  Yasir  Arafat 
continues  to  dominate  the  affairs  of  government  and  to  make  major  decisions.  Most 
senior  government  positions  in  the  PA  are  held  by  individuals  who  are  members  of, 
or  loyal  to,  Arafat's  Fatah  faction  of  the  Palestine  Liberation  Organization  (PLC)). 
The  Council  meets  regularly  and  discusses  a  range  of  issues  significant  to  the  Pal- 
estinian people  and  the  development  of  an  open,  democratic  society  in  the  Gaza 
Strip  and  West  Bank.  Pursuant  to  the  agreements  signed  between  the  PLO  and  Is- 
rael, the  PA  has  full  or  partial  control  over  most  major  Palestinians  population  cen- 
ters in  the  Gaza  Strip  and  West  Bank. 

Israeli  security  forces  in  Israeli-controlled  parts  of  the  West  Bank  and  Gaza  Strip 
consist  of  the  Israeli  Defense  Forces  (IDF);  the  General  Security  Service  (GSS  or 
Shin  Bet);  the  Israeli  National  Police  (INP);  and  the  paramilitary  border  police.  Is- 
raeli military  courts  try  Palestinians  accused  of  committing  security  crimes  in  Is- 
raeli-controlled areas.  Members  of  the  Israeli  security  forces  committed  human 
rights  abuses. 

The  Palestinian  Police  Force  (PPF)  was  established  in  May  1994  and  includes  the 
Palestinian  Public  Security  Force;  the  Palestinian  civil  police;  the  Preventive  Secu- 
rity Force  (PSF);  General  Intelligence  Service,  or  Mukhaoarat;  the  Palestinian  Pres- 
idential Security  Force;  emergency  services  and  rescue;  and  the  Palestinian  Coastal 
Police.  Other  quasi-military  security  organizations,  such  as  military  intelligence, 
also  exercise  law  enforcement  powers.  Palestinian  police  are  responsible  for  security 
and  law  enforcement  for  Palestinians  and  other  non-Israelis  in  PA-controlled  areas 
of  the  West  Bank  and  Gaza  Strip.  Israeli  settlers  in  the  occupied  territories  are  not 
subject  to  PA  security  force  jurisdiction.  Members  of  the  PA  security  forces  commit- 
ted human  rights  abuses. 

The  economy  of  the  West  Bank  and  Gaza  Strip  is  small,  poorly  developed,  and 
highly  dependent  on  Israel.  According  to  U.N.  estimates,  Palestinian  per  capita 
gross  national  product  (GNP)  fell  by  36  percent  between  1992  and  1996  due  prin- 
cipally, but  not  entirely,  to  Israeli  restrictions  on  the  free  movement  of  people  and 
products  into  Israel.  These  restrictions  imposed  for  lengthy  periods  following  terror- 
ist attacks  are  collectively  referred  to  as  "closure."  The  economy  relies  on  agri- 
culture, services,  and  to  a  lesser  extent,  light  manufacturing.  Many  West  Bank  and 
Gaza  workers  are  employed  at  day  jobs  in  Israel  and  Jerusalem,  making  their  em- 


1476 

ployment  vulnerable  to  disruption  due  to  tightened  closures.  In  the  wake  of  terrorist 
bombings  in  March,  July,  and  September,  Israel  tightened  the  existing  closure,  vir- 
tually sealing  off  the  West  Bank  and  Gaza  Strip  from  Israel,  prohibiting  most  travel 
between  towns  and  villages  within  the  West  Bank  (an  "internal"  closure),  denying 
Palestinian  workers  access  to  jobs  in  Israel,  and  hampering  the  flow  of  goods  ana 
people  between  Israel  and  the  Occupied  Territories.  The  "internal  closure"  was  lifted 
m  each  case  after  about  2  weeks.  The  "tightened  closures"  of  Gaza  and  the  West 
Bank  followed  a  pattern  of  being  eased  after  a  period,  but  lasted  longer,  and  were 
enforced  more  strictly  than  in  previous  years. 

There  were  some  improvements  in  the  human  rights  situation  in  the  Occupied 
Territories.  However,  both  Israel  and  the  PA  were  responsible  for  serious  human 
rirfits  abuses. 

Two  militant  groups,  the  Islamic  Resistance  Movement  (HAMAS)  and  the  Pal- 
estine Islamic  Jmad  (PIJ),  continued  to  try  to  undermine  the  authority  of  the  PA 
and  halt  progress  in  the  Israeli-Palestinian  peace  process  by  killing  Israeli  civilians 
in  a  number  of  deadly  suicide  bombing  attacks  in  Tel  Aviv  and  Jerusalem.  The  most 
serious  incident  occurred  on  July  30  when  two  suicide  bombers  attacked  an  open 
air  produce  market  in  Jerusalem.  Sixteen  persons  were  killed,  including  1  U.S.  citi- 
zen; 178  were  injured.  On  September  4,  three  suicide  bombers  attacked  a  crowded 
Jerusalem  pedestrian  mall,  killing  5  people,  including  a  14-year-old  American  girl; 
181  were  injured.  On  March  21,  a  suicide  bomber  attacked  an  outdoor  cafe  in  Tel 
Aviv.  The  blast  killed  3  Israelis  and  injured  48,  including  a  6-month-old  child. 

In  the  aftermath  of  the  terrorist  bombings,  Israeli  authorities  arrested  hundreds 
of  Palestinians  suspected  of  afliliation  with  extremist  Islamic  opposition  groups,  to 
obtain  information  on  fiirther  terrorist  attacks.  Israeli  security  forces  abused!,  and 
in  some  cases  tortured,  Palestinians  suspected  of  security  offenses.  In  May  an  al- 
leged HAMAS  activist  from  the  West  Bank  village  of  Surif,  Omar  Ghanimat,  was 
allowed  to  testify  in  open  court  about  such  torture,  and  to  show  his  cuts  and  bruises 
to  the  Israeli  and  Arabic  press. 

Israel  also  tightened  its  existing  closure  of  the  West  Bank  and  Gaza  Strip,  sealing 
off  the  occupied  territories  from  Israel  and  imposing  an  "internal  closure.'  When  it 
was  discovered  that  a  terrorist  cell  based  in  Surif  was  responsible  for  the  March 
21  cafe  bombing  in  Tel  Aviv,  Israel  imposed  a  targeted  closure  on  the  village  (13,000 
residents  were  unable  to  leave  the  town).  During  the  7  weeks  of  the  closure  resi- 
dents were  also  under  a  curfew  (i.e.,  they  were  unable  to  leave  their  homes  except 
during  designated  hours  to  purchase  household  necessities).  Israeli  authorities  de- 
molished six  homes  of  suicide  bombers;  four  in  the  village  of  Surif  and  two  in  the 
village  of  Assira  Shamaliyya.  In  the  latter  village,  two  other  homes  were  perma- 
nently sealed  by  filling  them  with  concrete  from  floor  to  ceiling.  Israel  also  imposed 
a  targeted  closure  on  the  northern  West  Bank  village  of  Assira  Shamaliyyah  in  Sep- 
tember, when  it  determined  that  four  of  the  five  suicide  bombers  in  the  Jerusalem 
attacks  were  from  that  town. 

There  was  one  credible  report  that  on  February  25,  an  Israeli  undercover  unit, 
operating  in  the  village  of  Hizma,  shot  and  killed  a  Palestinian.  Israeli  officials  ac- 
knowledged that  the  unit  acted  in  a  negligent  manner  without  prior  planning;  how- 
ever, the  members  of  the  unit  received  only  administrative  reprimands.  In  a  second 
incident,  an  Israeli  undercover  unit  shot  and  killed  a  youth  on  April  30  in  Ras  Al 
Amud.  The  unit  was  investigating  alleged  terrorist  attacks  when  a  skirmish  broke 
out  and  the  youth  was  killecT  There  has  been  a  marked  decrease  in  this  kind  of  ac- 
tivity by  Israel  in  the  past  2  years.  There  were  also  credible  reports  from  human 
rights  groups  that  Israeli  authorities  continue  to  abuse  and  torture  Palestinian  de- 
tainees and  prisoners.  In  May  a  Palestinian  prisoner  undergoing  treatment  at  a  Je- 
rusalem hospital  was  beaten  to  death  by  Israeli  police  and  private  hospital  security 
guards.  The  Israeli  Government  investigated  the  incident,  but  has  not  revealed  the 
results.  Prison  conditions  are  poor,  and  Israeli  authorities  arbitrarily  arrest  and  de- 
tain persons.  Prolonged  detention,  limits  on  due  process,  and  infringements  on  pri- 
vacy rights  remained  problems. 

PA  security  forces  committed  a  number  of  serious  human  rights  abuses  during  the 
year.  Seven  detainees  died  in  prison;  the  PA  acknowledged  that  two  died  after  being 
tortured.  One  was  tortured  by  Military  Intelligence  personnel  in  February,  and  the 
other  by  members  of  the  Presidential  Security  Force  in  June.  The  other  detainees 
died  after  suffering  medical  emergencies,  and  it  remains  unclear  whether  the  PA 
provided  prompt  medical  attention. 

In  the  wake  of  the  three  terrorist  bombings  in  1997,  PA  security  forces  made 
fewer  mass  arrests  than  in  the  past,  and  there  were  fewer  complaints  of  human 
rights  abuses.  PA  authorities  arrested  approximately  200  people  on  suspicion  of  in- 
volvement in  terrorist  activity.  PA  security  forces  subjected  some  of  the  detainees 
to  torture  and  repeated  beatings.  Although  the  PA  claims  to  respect  its  citizens' 


1477 

right  to  express  themselves  freely,  the  PA  limited  freedom  of  speech  and  the  press. 
The  PA  continued  to  harass,  detain,  and  abuse  journalists.  PA  Harassment  has  lead 
many  Palestinian  commentators,  reporters,  and  critics  to  practice  self-censorship. 
Fathi  Sobh,  a  prominent  university  professor,  and  Daoud  Kuttab,  a  well-known  jour- 
nalist who  criticized  the  PA,  were  both  imprisoned  without  charge  during  the  year 
and  Sobh  was  tortured.  PA  prison  conditions  are  very  poor.  PA  security  forces  arbi- 
trarily arrest  and  detain  persons.  Prolonged  detention  and  lack  of  due  process  are 
problems.  The  courts  are  inefficient,  lack  staff  and  resources,  and  do  not  ensure  fair 
and  expeditious  trials.  PA  security  forces  infringed  on  the  right  to  privacy,  and  there 
were  reports  that  the  PA  placed  some  limits  on  the  freedom  of  association.  Discrimi- 
nation against  women  ana  the  disabled  is  a  problem. 

In  March  Israel  began  constructing  a  controversial  housing  project  at  Har  Homa/ 
Jebel  Abu  Ghanaim  on  the  southeastern  outskirts  of  Jerusalem.  The  move  sparked 
demonstrations  by  angry  Palestinians  throughout  the  spring.  However,  unlilce  the 
demonstrations  that  followed  the  1996  opening  of  the  controversial  tunnel  in  Jerusa- 
lem's old  city,  these  demonstrations  dia  not  result  in  violence  between  Israeli  and 
PA  security  forces.  The  demonstrations  did  result  in  charges  that  Israeli  security 
forces,  in  several  instances,  used  excessive  force  against  Palestinian  protesters.  Dur- 
ing the  year,  10  Palestinian  demonstrators,  including  a  deaf  and  mentally-impaired 
14-year-old  boy  in  Gaza  and  an  8-year-old  boy  in  Bethlehem,  were  killed  in  incidents 
involving  the  IDF's  use  of  both  five  ammunition  and  rubber-coated  metal  bullets. 
No  Israeli  civilians  or  security  personnel  were  killed  or  seriously  wounded  by  dem- 
onstrators. 

Israeli  settlers  continued  to  harass  and  threaten  Palestinians  in  the  West  Bank 
and  Gaza  Strip.  For  example,  on  January  1,  a  settler  in  the  IDF  reserve  opened  fire 
on  a  crowded  Hebron  market  place,  injuring  nine  Palestinians.  In  1996  settlers 
killed  three  Palestinians.  After  two  separate  stonethrowing  incidents  in  April,  three 
Palestinians  were  shot  by  settlers  near  Ramallah  and  Hebron.  In  general  settlers 
are  not  prosecuted  for  these  crimes  and  rarely  serve  prison  sentences  even  when 
convictea  of  a  crime. 

In  November  an  unidentified  gunman  shot  two  Jewish  religious  students  in  Jeru- 
salem, killing  one  and  seriously  wounding  the  other. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — In  February  members  of  a  3-man  Is- 
raeli undercover  unit,  disguised  as  Arabs,  entered  the  Palestinian  village  of  Hizma 
north  of  Jerusalem.  Villagers  detected  the  unit,  and  during  the  subsequent  alterca- 
tion 57-year-old  Mohanuned  Abdel  Aziz  al  Hilu  was  shot  and  beaten.  His  death  was 
attributed  to  the  beating  and  delayed  medical  treatment  for  the  gunshot  wound  to 
his  le^.  Three  other  Palestinians  were  wounded,  one  seriously,  during  the  incident. 
A  senior  IDF  officer  attributed  the  incident  to  a  miscalculation  by  the  commander 
who  sent  the  unit  to  the  village  without  sufficient  backup.  The  spokesman  said  that 
the  unit  acted  in  a  negligent  manner,  without  prior  organized  planning.  According 
to  the  IDF,  three  officers  received  a  reprimand  for  the  way  in  which  the  training 
exercise  was  prepared  and  "internal  meeisures"  were  taken  against  the  force  com- 
mander, including  prohibiting  him  from  holding  future  command  positions.  The  Is- 
raeli investigation  aid  not  include  interviews  with  any  Palestinian  eyewitnesses. 

In  another  incident,  an  Israeli  undercover  unit  shot  and  killed  17-year-old  Samer 
Jawdat  Shweiki  in  Ras  Al  Amud  on  April  30  during  a  skirmish  that  broke  out  when 
unit  was  investigating  alleged  terrorist  attacks. 

Although  there  are  credible  reports  of  other  Israeli  undercover  activity  in  PA 
areas,  there  were  no  other  reports  of  death.  The  number  of  Palestinian  deaths  at- 
tributed to  Israeli  undercover  units  in  1996  (one)  and  1997  (two)  is  a  marked  de- 
crease from  the  trend  in  earlier  years. 

Israeli  authorities  acknowledge  that  undercover  units  conduct  operations  among 
Palestinians  wanted  for  investigation,  but  claim  that  such  units  observe  the  same 
rules  of  engagement  as  other  IE)F  units.  They  also  claim  that  all  killings  and  allega- 
tions of  misbehavior  by  undercover  units  are  investigated  fully.  However,  the  inves- 
tigations rarely  lead  to  serious  punishment.  The  IDF  does  not  readily  announce  the 
findings  of  its  investigations. 

One  Palestinian  was  beaten  to  death  while  in  Israeli  government  custody. 

On  May  21,  Khalil  Abu  Daiya,  a  Palestinian  prisoner  who  was  being  treated  for 
medical  problems,  died  in  Israeli  custody.  An  Israeli  pathologist  conducted  an  au- 
topsy and  concluded  that  Abu  Daiya  had  been  beaten  to  death.  Israeli  officials  con- 
tend that  Abu  Daiya,  who  was  being  guarded  while  in  an  Israeli  hospital  for  medical 
treatment,  attacked  those  guarding  him,  and  that  the  force  needed  to  restrain  him 


1478 

caused  his  death.  Abu  Daiya's  hands  and  feet  were  culTed  to  a  bed  at  the  time  of 
the  beating,  according  to  accounts  given  by  hospital  personnel.  The  autopsy  revealed 
deep  cuts  on  Abu  Daiya's  wrists  and  ankles.  Abu  Daiya's  family  requested  an  in- 
quiry be  carried  out  by  an  Israeli  magistrate's  court.  That  inquiry  was  not  concluded 
by  year's  end. 

Members  of  the  Israeli  security  forces  killed  four  Palestinians  at  military  check- 
points and  roadblocks  inside  the  occupied  territories.  In  these  cases,  Israel  stated 
that  the  individuals  were  shot  after  failing  to  obey  orders  to  halt  or  after  trying  to 
attack  the  soldiers  manning  the  checkpoints.  For  example,  on  April  1,  a  Kamel  Sidqi 
Al-Zaru  was  shot  by  the  IDF  after  getting  out  of  his  car  and  trying  to  run  away 
from  a  checkpoint  near  Kiryat  Arba.  On  July  13,  Israeli  border  police  shot  17-year- 
old  Ashraf  Al  Jaber  at  a  checkpoint  in  Beit  Sahour.  On  July  29,  Israeli  security 
forces  shot  19-year-old  Mua'di  Alaune,  when  in  fled  a  checkpoint  near  Nablus, 
claiming  that  ne  had  tried  to  stab  a  border  police  officer.  Palestinian  Jimmy 
Kanawati,  was  shot  and  killed  by  border  police  on  November  22  after  failing  to  stop 
at  the  Bethlehem  checkpoint. 

During  the  year,  violent  clashes  between  Palestinian  demonstrators  and  Israeli 
security  forces  resulted  in  10  Palestinian  deaths.  IDF  regulations  permit  the  use  of 
both  rubber-coated  metal  bullets  and  live  ammunition  only  when  a  soldier's  life  is 
in  immediate  danger,  to  halt  fleeing  suspects,  to  disperse  a  violent  demonstration, 
or  to  fire  on  an  "individual  unlawfully  carrying  firearms."  According  to  policy,  sol- 
diers should  direct  fire  at  the  legs  only  and  may  fire  at  a  fleeing  suspect  only  if  they 
believe  that  a  serious  felony  has  occurred  and  they  have  exhausted  other  means  to 
apprehend  the  suspect.  It  is  forbidden  to  open  fire  in  the  direction  of  children  or 
women,  even  in  cases  of  severe  public  disorder,  unless  there  is  an  immediate  and 
obvious  danger  to  a  soldier's  life.  However,  Israeli  soldiers  and  police  sometimes 
used  live  ammunition  or  rubber-coated  metal  bullets,  which  can  be  lethal,  in  situa- 
tions other  than  when  their  lives  were  in  danger  and  sometimes  shot  suspects  in 
the  upper  body  and  head.  On  March  29,  a  Palestinian  was  shot  and  killed  by  the 
IDF  auring  demonstrations  in  Ramallah  protesting  the  Israeli  construction  on  Har 
Homa.  On  April  1,  an  off-duty  PA  police  officer  was  killed  at  a  demonstration  out- 
side of  Nablus.  Two  Palestinians  were  shot  and  killed  when  IDF  forces  fired  rubber- 
coated  metal  bullets  in  Hebron  during  April  8  demonstrations  sparked  by  news  of 
Israeli  settlement  expansion. 

On  April  27,  a  20-year-old  Palestinian  was  shot  and  killed  near  Hebron  after  an 
IDF  patrol  fired  live  ammunition  at  youths  throwing  stones.  A  14-year-old  Palestin- 
ian boy  was  severely  wounded  during  a  June  protest  in  Rafah  over  Israeli  settle- 
ment expansion,  when  a  rubber-coated  metal  bullet  fired  by  an  IDF  member  struck 
him  in  the  head. 

In  July  a  deaf  and  mentally-impaired  Palestinian  youth  died  after  being  struck 
in  the  heart  by  IDF  fire,  as  Israeli  security  forces  attempted  to  quell  a  violent  dem- 
onstration near  Morag  settlement  in  the  Gaza  Strip.  A  Palestinian  human  rights  or- 
ganization charged  that  the  IDF  used  live  ammunition;  an  IDF  spokesman  stated 
that  the  boy  was  hit  by  a  rubber-coated  metal  bullet  meant  to  be  fired  at  the  leg. 

On  July  21,  a  13-year-old  Hebron  youth  died  of  a  gunshot  wound  to  the  head  dur- 
ing clashes  with  IDF  troops  on  July  11 

On  August  14,  a  16-year-old  Hebron  youth  died  of  wounds  inflicted  during  clashes 
with  IDF  troops  on  July  4. 

On  November  11,  IDF  soldiers  killed  an  8-year-old  Palestinian  boy  with  a  rubber- 
coated  metal  bullet  during  demonstrations  at  Rachel's  Tomb  in  Bethlehem.  The  IDF 
says  that  soldiers  were  trying  to  disperse  adult  demonstrators  and  that  the  child 
was  accidentally  hit  in  the  head.  Credible  eyewitnesses  at  the  scene  said  that  they 
saw  only  9-  to  12-year  old  boys  demonstrating  at  the  site,  that  no  IDF  lives  were 
threatened  by  the  rock-  and  bottle-throwing  youths,  and  that  the  children  were  flee- 
ing when  the  IDF  fired  upon  them. 

Another  victim  of  the  September  1996  rioting  at  the  Ramallah  checkpoint,  Yasser 
Abdul  Ghani  Abdul  Rahim,  died  from  injuries  on  February  6. 

During  1997  two  Palestinians  died  in  PA  custody,  after  being  tortured.  In  1996 
two  Palestinians  who  died  in  PA  custody  also  were  tortured.  In  the  most  egregious 
case,  Yusif  Baba,  who  was  being  held  without  charge  in  Nablus,  died  on  January 
31  after  being  tortured  by  PA  Military  Intelligence  officials.  Baba's  autopsy  showed 
contusions  from  repeated  blows  to  the  head,  rope  burns  around  his  head  and  feet, 
cigarette  bums  on  the  right  shoulder,  and  burns  caused  by  an  electrical  instrument 
on  many  parts  of  his  bocfy.  The  PA  admitted  that  Baba  had  been  tortured  to  death, 
but  never  charged  any  of  the  security  officials  involved  with  a  crime. 

On  June  30,  28-year-old  Nasser  Abed  Radwan  from  the  Gaza  Strip  was  killed  in 
detention  while  being  held  without  charge  by  PA  Presidential  Security  (Force  17). 
Force  17  authorities  told  Radwan's  family  that  he  banged  his  head  on  the  wall,  but 


1479 

a  PA  autopsy  concluded  that  Radwan  had  been  tortured  to  death.  A  PA  military 
court  sentenced  three  of  the  Force  17  bodyguards  involved  to  death  and  three  others 
to  prison  terms  ranging  from  6  months  to  5  years.  The  wife  of  Hakim  Qamhawi, 
who  died  in  PA  custody  in  June,  told  the  press  that  his  body  showed  signs  of  torture 
(see  Section  I.e.). 

In  April  five  undercover  members  of  the  Palestinian  Intelligence  Service  shot  and 
killed  a  Palestinian  woman  outside  of  Ramallah  when  the  vehicle  she  was  riding 
in  failed  to  heed  the  agents'signal  to  stop.  In  a  subsequent  trial,  a  PA  court  con- 
victed the  five  security  officials  involved  of  causing  a  death  through  negligence.  The 
intelligence  official  who  fired  the  shot  that  killed  the  women  was  sentenced  to  5 
years  in  prison,  the  commander  of  the  unit  was  sentenced  to  a  1-year  prison  term 
lor  failing  to  maintain  discipline  among  his  unit,  the  three  other  men  in  the  unit 
were  sentenced  to  2  months  each  for  failing  to  prevent  a  crime. 

On  May  5,  PA  Justice  Minister  Freih  Abu  Middein  announced  that  the  death  pen- 
alty would  be  imposed  on  anyone  convicted  of  ceding  "one  inch"  to  Israel.  Later  that 
month,  two  Arab  land  dealers  were  killed.  Farih  Bashiti,  a  real  estate  dealer  from 
Jerusalem  who  was  accused  of  selling  land  to  Jews,  was  found  dead  in  Ramallah. 
Two  persons  were  arrested  in  the  case.  In  another  incident,  Harbi  Abu  Sara  was 
shot  and  killed  in  Ramallah  8  days  after  Bashiti's  body  was  found.  PA  ofTicials  deny 
any  involvement  in  the  killings.  The  PA  has  arrested  and  continues  to  hold  several 
suspected  land  dealers  for  violating  the  Jordanian  law  (in  force  in  the  West  Bank), 
which  prohibits  the  sale  of  land  to  loreigners. 

In  early  January,  Israel  released  Nahum  Koorman,  an  Israeli  settler  charged  with 
kicking  a  Palestinian  boy  to  death  in  1996  for  throwing  stones  at  his  car,  after  8 
months  in  detention.  Koorman  is  awaiting  trial.  In  1996  settlers  killed  three  Pal- 
estinians. 

On  November  20,  an  unidentified  gunman  shot  two  Jewish  religious  students  in 
Jerusalem,  killing  one  and  seriously  wounding  the  other.  The  Israeli  investigation 
into  the  case  is  ongoing,  but  no  suspects  have  been  arrested  at  year's  end. 

A  security  court  sentenced  the  principal  killers  of  two  Israeli  settlers,  Etta  Tsur 
and  her  12-year-old  son  Ephraim,  (killed  on  December  11,  1996)  to  25  years'  impris- 
onment and  an  accomplice  to  15  years'  imprisonment. 

b.  Disappearance. — ^There  were  no  reports  of  politically  motivated  disappearances 
attributed  to  the  Israeli  security  services.  In  November  an  Israeli  court  convicted 
Palestinian  Preventive  Security  officer  Moussa  Mustafa  of  abducting  a  suspected 
Arab  informer  for  Israel  from  Jerusalem,  torturing  him,  and  holding  him  for  5 
months  (see  Section  I.e.). 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Israeli  security  forces  abuse,  and  in  some  cases  torture,  Palestinians  suspected  of 
security  oflenses.  There  continue  to  be  a  high  number  of  complaints  of  mistreatment 
and  torture  during  interrogation,  especially  from  Palestinians  suspected  of  belonging 
to  Islamic  groups.  Interrogation  sessions  are  long  and  severe,  and  solitary  confine- 
ment is  used  frequently  for  long  periods.  The  GSS  systematically  uses  interrogation 
methods  that  do  not  result  in  detectable  traces  of  mistreatment  of  the  victims,  or 
which  leave  marks  that  disappear  after  a  short  period  of  time.  Common  interroga- 
tion practices  include  hooding;  forced  standing  or  squatting  for  long  periods  of  time; 
prolonged  exposure  to  extreme  temperatures;  tying  or  chaining  the  aetainee  in  con- 
torted and  painful  positions;  blows  and  beatings  with  fists,  sticks,  and  other  instru- 
ments; confinement  in  small  and  often  filthy  spaces;  sleep  and  food  deprivation;  and 
threats  against  the  detainee's  life  or  family.  Israeli  interrogators  continued  to  sub- 
ject prisoners  to  violent  "shaking,"  which  in  at  least  one  past  case  resulted  in  death. 

In  May  an  alleged  HAMAS  activist  Omar  Ghanimat  was  allowed  to  show  his  cuts 
and  bruises  to  the  Israeli  High  Court.  In  June  the  Court  rejected  Ghanimat's  plea 
to  halt  the  use  of  physical  pressure. 

In  1987  the  Israeli  government-appointed  Landau  Judicial  Commission  con- 
demned torture  but  allowed  for  the  use  of  "moderate  physical  and  psychological 
pressure"  to  secure  confessions  and  obtain  information.  In  addition,  although  the  Is- 
raeli Penal  Code  prohibits  the  use  of  force  or  violence  by  a  public  official  to  obtain 
information,  the  GSS  chief  is  permitted  by  law  to  allow  interrogators  to  employ 
"special  measures"  that  exceed  the  use  of  "moderate  physical  and  psychological  pres- 
sure" when  it  is  deemed  necessary  to  obtain  information  that  could  potentially  save 
Israeli  lives  in  certain  "ticking  bomb"  cases.  The  GSS  first  permitted  interrogators 
"greater  flexibility"  in  applying  the  guidelines  shortly  after  a  bus  bombing  in  Tel 
Aviv  in  October  1994  that  killed  22  Israelis.  The  Government  has  not  defined  the 
meaning  of  "greater  flexibility"  or  what  might  constitute  a  "ticking  bomb"  case.  At 
roughly  quarterly  intervals,  the  Government  has  approved  the  continued  use  of 
"special  measures."  On  August  22,  Israel's  ministerial  committee  on  GSS  interroga- 
tions authorized  the  continued  use  of  "special  measures,"  including  shaking. 


45-909    98-48 


1480 

The  International  Committee  of  the  Red  Cross  (ICRC)  declared  in  1992  that  such 

{)ractices  violate  the  Geneva  Convention.  Human  rights  groups  and  attorneys  chal- 
enged  the  use  of  "special  measures,"  especially  shaking,  before  the  Israeli  High 
Court  a  number  of  times  during  the  year.  In  each  case  the  court  either  rejected  the 
petition  or  ruled  in  favor  of  the  GSS. 

Israeli  authorities  maintain  that  torture  is  not  condoned  but  acknowledge  that 
abuses  sometimes  occur  and  are  investigated.  However,  the  Government  does  not 
generally  make  public  the  results  of  such  investigations.  Israel  has  conducted  two 
oflicial  investigations  into  the  35  complaints  received  in  1997. 

In  28  of  the  cases,  Israeli  authorities  determined  that  findings  did  not  justify  any 
steps  to  be  taken.  Seven  complaints  are  still  being  investigated. 

Most  convictions  in  security  cases  before  Israeli  courts  are  based  on  confessions. 
A  detainee  may  not  have  contact  with  a  lawyer  until  after  interrogation,  a  process 
that  may  last  days  or  weeks.  The  Government  does  not  allow  ICRC  representatives 
access  to  detainees  until  the  14th  day  of  detention.  This  prolonged  incommunicado 
detention  contributes  to  the  likelihood  of  abuse.  Detainees  sometimes  claim  in  court 
that  their  confessions  are  coerced,  but  judges  rarely  exclude  such  confessions.  It  is 
likely  that  some  Palestinian  detainees  fail  to  make  complaints  either  from  fear  of 
retribution  or  because  they  assume  that  such  complaints  would  be  ignored.  Of  the 
35  complaints  filed  during  the  year,  there  were  no  known  cases  in  which  a  confes- 
sion was  disqualified  because  of  improper  means  of  investigation  or  interrogation. 

Israeli  authorities  also  frequently  treat  Palestinians  in  an  abusive  manner  at 
checkpoints.  Two  Palestinians  were  shot  and  killed  at  checkpoints  (see  Section  l.a.). 
The  human  rights  group  B'tselem  reported  that  severe  beatings  often  occur  when 
Israeli  border  police  deal  with  Palestinians.  Dozens  of  incidents  have  been  reported 
of  excessive  beatings  and  unjustified  abuse.  In  some  cases,  victims  were  denied  med- 
ical attention  after  being  beaten.  Israeli  authorities  investigated  and  punished  the 
perpetrators.  B'tselem  believes  that  the  steps  taken  were  insufficient  to  deter  fur- 
ther incidents.  In  March  a  border  police  officer  was  demoted  and  sentenced  to  a  3- 
week  military  prison  term,  and  another  was  confined  for  3  weeks  for  beating  two 
Palestinian  children  in  Hebron  who  had  cursed  them.  In  April  two  border  police  offi- 
cers were  dismissed  for  abusing  a  17-year-old  Palestinian  after  he  refused  to  obey 
the  oflicers  demand  to  remove  rocks  from  the  road  near  Surif  Four  other  border 
police  oflicers  are  being  investigated  for  dragging  a  Palestinian  behind  their  jeep 
near  Bethlehem.  Israeli  security  forces  assigned  to  checkpoints  often  act  capriciously 
in  honoring  permits  and  travel  passes  held  by  Palestinians. 

Prison  conditions  in  Israeli  facilities  are  poor,  according  to  credible  human  rights 
lawyers.  Facilities  are  overcrowded,  sanitation  is  poor,  and  medical  care  is  inad- 
equate. Palestinian  inmates  held  strikes  and  protests  in  support  of  a  number  of 
causes  and  to  protest  prison  conditions  throughout  the  year.  Palestinians  in  Israeli 

f>risons  also  held  several  strikes  to  protest  being  held  in  administrative  detention 
detention  without  trial),  lack  of  visits  by  family  members  or  lawyers,  and  to  protest 
abuse  by  prison  officials. 

Israel  permits  independent  monitoring  of  prison  conditions,  although  human 
rights  groups  and  diplomats  sometimes  encounter  difficulties  gaining  access  to  spe- 
cific detainees. 

Israeli  settlers  have  continued  to  harass  and  threaten  Palestinians  in  the  West 
Bank  and  Gaza  Strip.  On  January  1,  a  settler  in  the  IDF  reserve  opened  fire  on 
a  crowded  Hebron  market  place,  injuring  nine  Palestinians.  On  April  7,  two  Pal- 
estinians were  shot  by  settlers  after  a  stonethrowing  incident  near  Ramallah.  The 
settlers  were  questioned  but  never  charged  over  the  incident.  On  April  8,  a  yeshiva 
student  in  Hebron  shot  a  Palestinian  after  a  stone  throwing  incident;  the  student 
was  never  charged  with  a  crime.  In  general  settlers  are  not  jprosecuted  for  these 
crimes  and  rarely  serve  prison  sentences  even  when  convicted  oi  a  crime. 

In  November  an  Israeli  court  convicted  a  Palestinian  security  official  of  abducting 
and  torturing  a  suspected  Arab  informer  for  Israel.  The  court  sentenced  Moussa 
Mustafa,  a  member  of  the  Palestinian  Preventive  Security  Service,  to  5  years'  im- 
prisonment. Mustafa  took  the  suspected  informer  by  force  from  Jerusalem  to  a  PA 
compound  in  Jericho,  where  he  was  held  for  5  months  and  tortured. 

PA  security  forces  reportedly  abused,  and  sometimes  tortured,  Palestinian  detain- 
ees. Such  abuse  generally  took  place  after  arrest  and  during  interrogation.  The  PA 
does  not  prohibit  by  law  the  use  of  force  or  torture  against  detainees.  In  1995  the 
Gaza  Civil  Police  commander  issued  to  police  oflicers  in  the  West  Bank  and  Gaza 
a  directive  forbidding  torture  during  interrogation  and  directing  the  security  forces 
to  observe  the  rights  of  all  detainees.  However,  the  directive  does  not  have  the  force 
of  law;  Palestinian  security  officers  have  not  been  issued  formal  guidelines  on  the 
proper  conduct  of  interrogations. 


1481 

PA  security  officials  abuse  prisoners  by  hooding,  beating,  tying  in  painful  posi- 
tions, sleep  and  food  deprivation,  threats,  and  burning  detainees  with  cigarettes  and 
hot  instruments.  International  human  rights  monitoring  groups  have  documented 
widespread  arbitrary  and  abusive  conduct  by  the  PA.  Gaza  University  professor 
Fathi  Sobh  reported  that  he  was  subjected  to  torture  by  sleep  deprivation,  being 
forced  to  stand  for  long  periods,  and  being  shackled. 

During  the  year,  seven  Palestinians  died  in  PA  custody,  two  after  being  tortured 
(see  Section  l.a.).  In  1996  two  of  the  four  Palestinians  who  died  in  PA  custody  also 
were  tortured.  In  December  the  Palestinian  Human  Rights  Monitoring  Group 
(PHRMG)  reported  that  the  PA  has  not  sufficiently  investigated  deaths  in  custody. 
The  PHRMGr  added  that  the  PA  has  tried  to  cover  up  incidents  by  claiming  that 
several  deaths  were  the  result  of  heart  attacks  or  suicides.  In  mid-June  Hakam 
Qamhawi  died  while  in  PA  General  Intelligence  custody  in  Jericho.  PA  officials  said 
that  Qamhawi  committed  suicide  and  died  on  the  way  to  the  hospital,  but  his  wife 
told  the  press  that  his  body  showed  signs  of  torture.  A  PA  forensic  expert  stated 
that  Qamhawi  died  of  a  heart  attack.  No  official  autopsy  was  conducted. 

Prison  conditions  in  PA  facilities  are  very  poor.  Facilities  are  overcrowded  and  di- 
lapidated. Food  and  clothing  for  prisoners  is  inadequate  and  must  be  supplemented 
by  donations  from  families  and  humanitarian  groups.  Palestinian  inmates  held  peri- 
odic strikes  and  protests  throughout  the  year  in  support  of  a  number  of  causes  and 
to  protest  prison  conditions. 

in  January  Fayez  Qamsieh  died  while  in  the  custody  of  PA  Military  Intelligence 
in  Bethlehem.  The  PA  claimed  that  Qamsieh,  who  had  a  history  of  heart  trouble, 
died  of  a  heart  attack.  Doctors  observing  the  autopsy  on  behalf  of  Qamsieh's  rel- 
atives agreed  that  he  died  of  a  heart  attack,  but  bruises  on  his  body  suggest  that 
mistreatment  may  have  triggered  his  death.  There  were  complaints  that  Qamsieh 
had  not  received  prompt  medical  attention.  The  PA  said  that  it  would  investigate 
this  charge,  but  has  never  published  the  results  of  its  investigation. 

Sami  Abed  Rabbo,  held  in  Saraya  prison  in  Gaza  without  charge,  died  on  July 
4,  also  under  the  custody  of  PA  General  Intelligence.  Family  members  were  told  he 
died  of  a  heart  attack.  Despite  demands  from  numan  rights  groups  for  an  official 
autopsy,  there  has  been  no  official  response.  The  PHRMG  stated  that  his  death  does 
not  appear  to  be  the  result  of  torture  or  denial  of  medical  treatment,  his  lengthy 
illegal  detention  may  have  contributed  to  his  illness  (liver  disease  and  mental  ill- 
ness). 

On  October  14,  Ibrahim  Al-Sheikh  died  of  a  heart  attack  while  serving  a  prison 
sentence  in  Nablus  for  involvement  in  a  murder.  On  November  9,  Nafea  Mardawi 
died  in  a  Nablus  prison  also  of  an  apparent  heart  attack.  He  was  serving  a  sentence 
for  selling  land  illegally  to  Israelis.  Human  rights  groups  concur  that  both  men  had 
preexisting  medical  conditions  that  support  the  PA's  assertion  that  they  died  of 
heart  attacks.  However,  concerns  linger  that  the  prisoners  were  not  provided  the 
most  prompt  or  thorough  preventive  medical  care. 

The  PA  permits  independent  monitoring  of  its  prisons,  although  human  rights 
groups  and  lawyers  encountered  difficulties  arranging  visits  or  gaining  access  to 
specific  detainees.  Pursuant  to  an  agreement  signed  in  September  1996,  the  ICRC 
conducts  prison  visits  but  can  be  denied  access  to  a  detainee  for  14  days.  If  abuses 
occur,  they  frequently  happen  during  this  2-week  period. 

In  December  West  Bank  Intelligence  (Mukhabarat)  Chief  Tawfiq  Tirawi  lifted  a 
6-month  ban  on  visits  to  Mukhabarat  prisons  by  representatives  oi  the  Palestinian 
Society  for  the  Protection  of  Human  Rights  and  the  Environment  (LAWE).  Tirawi 
promised  to  appoint  a  special  liaison  officer  to  coordinate  relations  with  human 
ri^ts  groups. 

There  were  a  number  of  attacks  on  Israelis  during  the  year.  For  example,  in  No- 
vember an  unidentified  gunman  shot  two  Jewish  religious  students  in  Jerusalem, 
killing  one  and  seriously  wounding  the  other. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Any  Israeli  policeman  or  border  guard 
may  arrest  without  warrant  a  person  who  has  committed,  or  is  suspected  of  having 
committed,  a  criminal  or  security  offense  in  the  occupied  territories,  except  for  areas 
under  exclusive  PA  control. 

Israeli  soldiers  also  may  arrest  without  warrant  Palestinians  and  hold  them  for 

?|uestioning  for  the  same  reasons.  Most  of  these  arbitrary  arrests  and  detentions  are 
or  alleged  security  ofTenses.  Persons  arrested  for  common  crimes  are  usually  pro- 
vided with  a  statement  of  charges  and  access  to  an  attorney  and  may  apply  for  bail. 
However,  these  procedures  are  sometimes  delayed. 

Israeli  authorities  issue  special  summonses  for  security  offenses.  Israeli  Military 
Order  1369  stipulates  a  7-year  prison  term  for  anyone  who  does  not  respond  to  a 
special  summons  delivered  to  a  family  member  or  posted  in  the  MATAK  oifice  near- 
est the  suspect's  home  address.  Bail  is  rarely  available  to  those  arrested  for  security 


1482 

offenses.  Although  Israeli  law  does  not  allow  Israelis  between  the  ages  of  13  and 
16  to  be  tried  as  adults,  Israeli  courts  treat  Palestinians  over  the  age  of  12  as 
adults. 

Israeli  authorities  may  hold  persons  in  custody  without  a  warrant  for  96  hours; 
they  must  be  released  unless  a  warrant  is  issued.  Prearraignment  detention  can  last 
up  to  11  days  for  Palestinians  arrested  in  the  occupied  territories  and  up  to  8  days 
for  minors  and  those  accused  of  less  serious  offenses.  Authorities  must  obtain  a 
court  order  for  longer  administrative  detentions — ^up  to  6  months  from  the  date  of 
arrest.  At  hearings  to  extend  detention  for  interrogation  purposes,  detainees  are  en- 
titled to  be  represented  by  counsel,  although  the  defense  attorney  is  often  not  al- 
lowed to  see  or  hear  the  evidence  against  his  client.  Detainees  are  either  released 
at  the  end  of  the  court-ordered  detention  or  sent  to  administrative  detention  if  they 
are  not  indicted.  If  there  is  an  indictment,  a  judge  may  order  indefinite  detention 
until  the  end  of  the  trial.  Israeli  regulations  permit  detainees  to  be  held  in  isolation 
during  interrogation.  Detainees  have  the  right  to  appeal  continued  detention. 

Although  a  detainee  generally  has  the  right  to  consult  with  a  lawyer  as  soon  as 

Bossible,  in  security  cases  authorities  may  delay  access  to  counsel  for  up  to  15  days, 
[igher-ranking  oflicials  or  judges  may  extend  this  period.  Access  to  counsel  is  rou- 
tinely denied  while  a  suspect  is  being  interrogated,  which  sometimes  can  last  sev- 
eral weeks.  Authorities  must  inform  detainees  of  their  right  to  an  attorney  and 
whether  there  are  any  orders  prohibiting  such  contact. 

A  number  of  factors  hamper  contacts  between  lawyers  and  their  clients  in  Israeli 
prison  and  detention  facilities.  Israel's  policy  of  transferring  detainees  from  the  oc- 
cupied territories  to  prisons  in  Israel,  makes  visits  of  lawyers  and  family  members 
dimcult,  and  in  some  cases,  impossible.  Israeli  authorities  have  been  known  to 
schedule  appointments  between  attorneys  and  their  detained  clients,  only  to  move 
the  clients  to  another  prison  prior  to  the  meetings.  Authorities  reportedly  use  such 
tactics  to  delay  lawyer-client  meetings  for  as  long  as  90  days.  Palestinian  lawyers 
also  have  trouble  traveling  to  see  their  clients  during  Israeli-imposed  closures.  Is- 
rael does  not  allow  Palestinian  attorneys  who  do  not  nave  East  Jerusalem  identity 
cards  and  licenses  issued  by  the  Israeli  Bar  Association  or  by  an  official  Israeli  gov- 
ernmental body  such  as  MATAK  to  visit  detainees  in  Israeli  prisons. 

Israeli  authorities  claim  that  they  attempt  to  post  notification  of  arrest  within  48 
hours.  Nevertheless,  Palestinian  suspects  are  often  kept  incommunicado  for  longer 
than  48  hours.  Even  if  an  arrest  becomes  known,  it  is  often  difficult  to  get  informa- 
tion on  where  a  detainee  is  being  held  or  whether  he  has  access  to  an  attorney.  Pal- 
estinians generally  locate  detained  family  members  through  their  own  efforts.  Pal- 
estinians can  check  with  a  local  ICRC  office  to  determine  whether  it  has  information 
on  the  whereabouts  of  a  family  member.  A  senior  officer  may  delay  for  up  to  12  days 
notification  of  arrest  to  immediate  family  members,  attorneys,  and  diplomatic  offi- 
cials. A  military  commander  may  appeal  to  a  judge  to  extend  this  period  in  security 
cases  for  an  unlimited  time.  Israeli  district  military  commanders  may  order  admin- 
istrative detention  for  up  to  6  months  without  formal  charges,  but  the  original  de- 
tention order  may  be  extended  indefinitely. 

At  the  end  of  the  year,  there  were  382  Palestinians  in  administrative  detention 
in  Israel,  compared  with  270  at  the  end  of  1996.  A  total  of  138  Palestinian  adminis- 
trative detainees  have  been  imprisoned  for  over  a  year,  without  being  officially 
charged  of  any  wrongdoing;  45  of  them  have  been  held  for  more  than  2  years.  There 
are  40  children  below  the  age  of  16  being  held  in  administrative  detention. 

Many  Palestinians  under  administration  detention  during  the  past  2  years  have 
had  their  detention  orders  renewed  repeatedly  without  meaningful  chance  of  appeal. 

Evidence  used  at  hearings  for  administrative  detentions  is  secret  and  unavailable 
to  the  detainee  or  his  attorney.  During  hearings  to  appeal  detention  orders,  the  de- 
tainee and  defense  lawyer  are  required  to  leave  the  courtroom  when  secret  evidence 
is  presented.  Israeli  authorities  maintain  that  they  are  unable  to  present  evidence 
in  open  court  because  doing  so  would  compromise  the  method  of  acquiring  the  evi- 
dence. Detainees  may  appeal  detention  orders,  or  the  renewal  of  a  detention  order, 
before  a  military  judge,  but  their  chances  for  success  are  very  limited.  During  the 
year,  there  were  no  successful  appeals  requesting  the  cancellation  of  administrative 
detention  orders. 

At  year's  end,  3,565  Palestinian  prisoners  and  detainees  were  incarcerated  in  Is- 
raeli prisons,  military  detention  centers,  and  holding  centers,  a  decrease  from  3,800 
in  1996.  The  Israeli  Government  routinely  transfers  Palestinians  arrested  in  Israeli- 
controlled  areas  of  the  occupied  territories  to  facilities  in  Israel,  especially  Megiddo 
military  detention  center  near  Afula. 

Families,  human  rights  organizations,  and  lawyers  have  encountered  barriers  try- 
ing to  gain  access  to  Palestinian  detainees  and  prisoners  held  in  facilities  in  Israel 
as  a  result  of  closures  of  the  West  Bank  and  Gaza  Strip.  F^'amily  access  to  Palestin- 


1483 

ian  prisoners  held  in  Israeli  jails  has  improved  slightly  improved  in  1997  compared 
with  the  sharp  decline  in  1996.  Only  parents  and  female  family  members  are  al- 
lowed to  visit  relatives  in  facilities  in  Israel.  Male  family  members  between  16  and 
40  years  of  age  and  family  members  with  security  records  are  barred  from  visiting. 
The  transfer  of  prisoners  between  facilities  also  makes  it  difilcult  for  families,  law- 
yers, and  human  rights  organizations  to  locate  and  visit  detainees.  Due  to  travel 
restrictions,  the  ICKC  suspended  its  family  visits  program  to  detainees  in  Israeli 
prisons  several  times  during  the  year. 

Israeli  security  forces  conducted  several  mass  arrests  of  Palestinians  in  response 
to  acts  or  threats  of  violence  against  Israelis.  Israel  arrested  87  Palestinians  sus- 

gected  of  affiliation  with  terrorist  groups  after  suicide  bombings  in  March,  July,  and 
eptember.  Of  these,  more  than  66  were  still  being  held  in  administrative  detention 
at  year's  end. 

Israel  did  not  forcibly  deport  any  Palestinians  from  the  occupied  territories  in 
1997. 

The  PA  does  not  have  a  uniform  law  on  administrative  detention,  and  security 
oflicials  do  not  always  adhere  to  the  existing  laws  in  the  West  Bank  and  Gaza.  Strip. 
Laws  applicable  in  Gaza,  which  are  not  observed  in  the  West  Bank,  stipulate  that 
detainees  held  without  charge  be  released  within  48  hours.  These  laws  allow  the 
Attorney  General  to  extend  the  detention  period  to  a  maximum  of  90  days  during 
investigations.  Human  rights  organizations  and  the  PA  Ministry  of  Justice  assert 
that  PA  security  officials  do  not  always  adhere  to  this  regulation.  Prevailing  law  in 
the  West  Bank  allows  a  suspect  to  be  detained  for  24  hours  before  being  charged. 
The  Attorney  General  can  extend  the  detention  period. 

PA  authorities  generally  permit  prisoners  to  receive  visits  from  family  members, 
attorneys,  and  human  rignts  monitors,  except  for  prisoners  held  for  alleged  security 
offenses.  PA  security  officials  are  not  always  aware  that  lawyers  have  a  right  to  see 
their  clients.  In  principle  detainees  may  notify  their  families  of  their  arrest,  but  this 
is  not  always  permitted. 

PA  security  services  have  overlapping  or  unclear  mandates  that  often  complicate 
the  protection  of  human  rights.  Under  existing  law  in  the  West  Bank,  only  the  PA's 
civil  police  force  is  authorized  to  make  arrests.  In  practice  all  security  forces  are 
known  to  detain  people  at  various  times.  The  operating  procedures  and  regulations 
for  conduct  of  PA  security  personnel  in  the  various  services  are  not  well  developed 
and  have  not  yet  been  made  fully  available  to  the  public. 

There  are  many  detention  facilities  in  the  West  Bank  and  Gaza  Strip  adminis- 
tered by  the  overlapping  PA  security  services,  a  situation  that  complicates  the  abil- 
ity of  families,  lawyers,  and  even  the  Ministry  of  Justice  to  track  detainees'  where- 
abouts. Security  services  including  Preventive  Security,  General  Intelligence,  mili- 
tary intelligence,  and  the  coast  guard  have  their  own  interrogation  and  detention 
facuities.  In  general  these  services  do  not,  or  only  sporadically,  inform  families  of 
a  relative's  arrest.  Most  PA  security  officers  remain  ignorant  of  proper  arrest,  deten- 
tion, and  interrogation  procedures,  as  well  as  basic  human  rights  standards.  Human 
rights  groups  continue  to  provide  basic  human  rights  training  to  PA  security  serv- 
ices. During  1997  human  rights  groups  provided  training  to  representatives  of  all 
the  PA  security  services,  including  tne  PA  military  intelligence  service.  In  1997 
more  than  60  PA  security  officials  participated  in  human  rights  courses,  bringing 
the  total  number  of  security  officials  who  have  graduated  from  human  rights 
courses  to  almost  700,  according  to  human  rights  groups. 

PA  security  forces  continued  to  arrest  arbitrarily  and  detain  journalists,  profes- 
sors, political  activists,  and  human  rights  advocates,  who  criticized  the  PA,  includ- 
ing journalist  Daoud  Kuttab  and  university  professor  Fahti  Sobh  (see  Sections  I.e. 
and  2.a.). 

PA  security  services  in  Gaza  and  the  West  Bank  arrested  dozens  of  Palestinians 
in  the  wake  of  the  three  1997  suicide  bombing  attacks,  a  more  targeted  campaign 
than  in  past  years.  The  majority  of  arrests  were  conducted  without  warrants;  most 
of  those  arrested  in  these  campaigns  remain  in  detention  without  being  charged. 

Human  rights  organizations  estimate  that  the  PA  has  held  approximately  120 
people  for  more  than  a  year  without  charge,  and  the  total  number  of  Palestinians 
in  PA  jails  reached  725  by  November. 

e.  Denial  of  Fair  Public  TVial. — Palestinians  accused  by  Israel  of  security  offenses 
in  Israeli-controlled  areas  of  the  occupied  territories  are  tried  in  Israeli  military 
courts.  Security  offenses  are  broadly  defined  and  may  include  charges  of  political  ac- 
tivity, such  as  membership  in  outlawed  organizations.  Charges  are  brought  by  mili- 
tary prosecutors.  Serious  charges  are  tried  before  three-judge  panels;  lesser  ofrenses 
are  tried  before  one  judge.  Defendants  have  the  right  to  counsel  and  to  appeal  ver- 
dicts to  the  Court  of*^ Military  Appeals,  which  may  accept  appeals  based  on  the  law 
applied  in  the  case,  the  sentence,  or  both.  The  right  of  appeal  does  not  apply  in  all 


1484 

cases  and  sometimes  requires  court  permission.  The  Israeli  military  courts  rarely 
acquit  Palestinians  of  security  ofTenses,  but  sentences  are  sometimes  reduced  on  ap- 
peal. 

Trials  are  sometimes  delayed  for  several  reasons:  Witnesses,  including  Israeli 
military  or  police  officers,  do  not  appear;  the  defendant  is  not  brought  to  court;  files 
are  lost;  or  attorneys  fail  to  appear,  sometimes  because  they  have  not  been  informed 
of  the  trial  date  or  because  of  travel  restrictions  on  Palestinian  lawyers.  These 
delays  add  pressure  on  defendants  to  plead  guilty  to  minor  ofTenses;  if  they  do,  an 
"expedited"  trial  may  be  held,  in  which  a  charge  sheet  is  drawn  up  within  48  hours 
and  a  court  hearing  scheduled  within  days. 

By  law  most  Israeli  military  trials  are  public,  although  access  is  limited.  Dip- 
lomats are  allowed  to  attend  military  court  proceedings  involving  foreign  citizens, 
but  there  have  been  delays  in  gaining  admission.  Most  convictions  in  military  courts 
are  based  on  confessions. 

Evidence  that  is  not  available  to  the  defendant  or  his  attorney  may  be  used  in 
court  to  convict  persons  of  security  offenses.  There  is  frequently  no  testimony  pro- 
vided by  Palestinian  witnesses  either  for  or  against  Palestinians  on  trial.  Israeli  au- 
thorities maintain  that  this  is  due  to  the  reiusal  of  Palestinians  to  cooperate  with 
the  authorities.  Physical  and  psychological  pressures  and  reduced  sentences  for 
those  who  confess  can  induce  security  detainees  to  sign  confessions.  Confessions  are 
usually  spoken  in  Arabic  but  translated  into  Hebrew  for  the  record  because,  authori- 
ties maintain,  many  Israeli  court  personnel  speak  Arabic  but  few  read  it.  Palestin- 
ian detainees  seldom  read  Hebrew  and  therefore  often  sign  confessions  that  they 
cannot  read. 

Crowded  facilities  and  poor  arrangements  for  attorney-client  consultations  in  pris- 
ons hinder  legal  defense  efforts.  Appointments  to  see  clients  are  difficult  to  arrange, 
and  prison  authorities  often  fail  to  produce  clients  for  scheduled  appointments. 

Israeli  settlers  in  the  West  Bank  and  Gaza  Strip  accused  of  security  and  ordinary 
criminal  offenses  are  tried  under  Israeli  law  in  the  nearest  Israeli  district  court.  Ci- 
vilian judges  preside,  and  the  standards  of  due  process  and  admissibility  of  evidence 
are  governed  by  the  laws  of  Israel,  not  military  occupation  decrees.  Settlers  con- 
victed in  Israeli  courts  of  crimes  against  Palestinians  regularly  receive  lighter  pun- 
ishment than  Palestinians  convicted  in  Israeli  courts  of  similar  crimes  against  ei- 
ther Israelis  or  other  Palestinians. 

The  PA  inherited  a  court  system  based  on  structures  and  legal  codes  predating 
the  1967  Israeli  occupation.  The  Gaza  legal  code  derives  from  British  Mandate  law, 
Egyptian  law,  and  PA  directives  and  laws.  Pre-1967  Jordanian  law  applies  in  PA- 
controlled  areas  of  the  West  Bank.  Bodies  of  law  in  the  Gaza  Strip  and  West  Bank 
have  been  substantially  modified  by  Israeli  military  orders.  According  to  the  DOP 
and  the  Interim  Agreement,  Israeli  military  decrees  issued  during  the  occupation 
theoretically  remain  valid  in  both  areas  and  are  subject  to  review  pursuant  to  spe- 
cific procedure.  The  PA  states  that  it  is  undertaking  efforts  to  unify  the  Gaza  and 
West  Bank  legal  codes,  but  in  3  years  little  progress  has  been  made. 

The  court  system  in  general  is  recovering  from  years  of  neglect;  many  of  the  prob- 
lems predate  PA  jurisdiction.  Judges  and  staff  are  underpaid  and  overworked  and 
suffer  from  lack  of  skills  and  training;  court  procedures  and  record-keeping  are  ar- 
chaic and  chaotic;  and  the  delivery  of  justice  is  often  slow  and  uneven.  The  ability 
of  the  courts  to  enforce  decisions  is  extremely  weak,  and  there  is  administrative  con- 
fusion in  the  appeals  process. 

The  PA  Ministry  of^  Justice  appoints  all  civil  judges  for  10-year  terms.  The  Attor- 
ney General,  an  appointed  ofTicial,  reports  to  the  Minister  of  Justice  and  supervises 
judicial  operations  in  both  the  Gaza  Strip  and  West  Bank. 

In  1995  the  PA  established  state  security  courts  in  Gaza  and  the  West  Bank  to 
try  cases  involving  security  issues.  Three  military  judges  preside  over  each  court. 
A  senior  police  official  heads  the  state  security  court  in  Jericho,  and  three  judges 
preside  over  it.  There  is  no  right  of  appeal,  but  verdicts  may  be  either  ratified  or 
repealed  by  the  PA  Chairman,  Yasir  Arafat.  The  PA  Ministry  of  Justice  has  no  ju- 
risdiction over  the  state  security  courts,  which  appear  to  be  subordinate  only  to  the 
Chairman  of  the  PA.  In  1997  PA  security  courts  sentenced  14  defendants:  3  received 
death  sentences,  bringing  the  total  number  of  Palestinians  sentenced  to  death  to  13. 
To  date  none  of  these  death  sentences  has  been  carried  out;  Chairman  Arafat  has 
not  commuted  any  death  sentences. 

The  PA  usually  ignores  the  legal  limits  on  the  length  of  prearraignment  detention 
of  detainees  suspected  of  security  offenses.  Defendants  are  often  Drought  to  court- 
without  knowledge  of  the  charges  against  them  or  sufTicient  time  to  prepare  a  de- 
fense. Defendants  are  typically  represented  by  court-appointed  lawyers.  Court  ses- 
sions often  take  place  on  short  notice  in  the  middle  of  the  night  and  without  lawyers 
present,  all  violations  of  defendants'  right  to  due  process.  In  some  instances,  secu- 


1485 

rity  courts  try  cases,  issue  verdicts,  and  impose  sentences  in  a  single  session  lasting 
several  hours. 

Palestinian  Attorney  General  Fayez  Abu  Rahme  acknowledged  that  at  least  100 
political  prisoners  are  being  held  by  the  PA. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Israeli 
military  authorities  in  areas  of  the  West  Bank  under  their  control  may  enter  private 
Palestinian  homes  and  institutions  without  a  warrant  on  security  grounds  when  au- 
thorized by  an  officer  of  the  rank  of  lieutenant  colonel.  In  conducting  searches,  the 
IDF  has  forced  entry  and  has  sometimes  beaten  occupants  and  destroyed  property. 
Israeli  authorities  say  that  forced  entry  may  lawfully  occur  only  when  incident  to 
an  arrest  and  when  entry  is  resisted.  Authorities  say  that  beatings  and  arbitrary 
destruction  of  property  during  searches  are  punishable  violations  oimilitary  regula- 
tions, and  that  compensation  is  due  to  victims  in  such  case.  The  Israeli  Government 
states  that  it  does  not  keep  consolidated  information  on  the  claims  against  the  Min- 
istry of  Defense  for  damages  resulting  from  IDF  actions. 

Israeli  security  forces  may  demolisn  or  seal  the  home  (owned  or  rented)  of  a  Pal- 
estinian suspected  of  terrorism  without  trial.  The  decision  to  seal  or  demolish  a  Pal- 
estinian's house  is  made  by  several  high-level  Israeli  oflicials,  including  the  Coordi- 
nator of  the  MATAK  (formerly  CFVAD)  and  the  Defense  Minister.  Residents  of 
houses  ordered  demolished  have  48  hours  to  appeal  to  the  area  commander;  a  final 
appeal  may  be  made  to  the  Israeli  High  Court.  A  successful  appeal  generally  results 
in  the  conversion  of  a  demolition  order  to  sealing.  After  a  house  is  demolished,  mili- 
tary authorities  prohibit  the  owner  from  rebuilding  or  removing  the  rubble.  Israelis 
suspected  of  terrorism  are  subject  to  Israeli  law  and  do  not  face  the  threat  of  home 
demolition. 

Israeli  authorities  destroyed  eight  Palestinian  homes  in  1997,  compared  with 
eight  in  1996,  and  one  in  1995.  In  Surif  four  homes  were  demolished.  In  Assira 
Shamaliyya,  two  homes  were  demolished  and  two  filled  with  concrete. 

Since  1994  the  Israeli  Government  has  allowed  owners  to  apply  to  regional  mili- 
tary commanders  for  permits  to  rebuild  or  unseal  homes  closea  or  demolished  due 
to  security  offenses  committed  by  themselves  or  a  family  member  after  their  re- 
lease— or  the  release  of  their  family  member — from  prison.  In  1997  the  Israeli  Gov- 
ernment did  not  allow  any  homes  to  be  rebuilt  or  unsealed.  In  1996  the  Israeli  Gov- 
ernment allowed  one  home  to  be  unsealed. 

In  the  Gaza  Strip  and  PA-controlled  areas  of  the  West  Bank,  the  PA  requires  the 
Attorney  General  to  issue  warrants  for  entry  and  searches  of  private  property. 
These  requirements  are  frequently  ignored  by  Palestinian  security  services.  PA  po- 
lice have  searched  homes  without  consent  of  their  owners.  In  some  cases,  police 
have  forcibly  entered  premises  and  destroyed  property. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Israeli  Government  generally  respects  free- 
dom of  speech  in  the  occupied  territories  but  prohibits  public  expressions  of  support 
for  Islamic  extremist  groups,  such  as  HAMAS  and  other  groups  dedicated  to  the  de- 
struction of  Israel.  Continuing  a  policy  it  began  in  1994,  the  Israeli  Government 
generally  did  not  enforce  its  prohibition  on  the  display  of  Palestinian  political  sym- 
bols, such  as  flags,  national  colors,  and  graffiti,  acts  that  are  punishable  by  fines 
or  imprisonment. 

Overall,  Israeli  censorship  of  specific  press  pieces  continued  to  be  low.  Israeli  au- 
thorities continue  to  monitor  the  Arabic  press  based  in  Jerusalem  for  security-relat- 
ed issues.  Military  censors  review  Arabic  publications  for  material  related  to  the 
public  order  and  security  of  Israel.  Reports  by  foreign  journalists  are  also  subject 
to  review  by  Israeli  military  censors  for  security  issues,  and  the  satellite  feed  used 
by  many  foreign  journalists  is  monitored. 

Israel  often  closes  areas  to  journalists  when  it  has  imposed  a  curfew  or  closure. 
Israeli  authorities  have  denied  entry  permits  to  Palestinian  journalists  traveling  to 
their  place  of  work  in  Jerusalem  during  closures  of  the  territories. 

The  IDF  requires  a  permit  for  publications  sold  in  the  occupied  territories  still 
under  its  control.  Publications  may  be  censored  or  banned  for  anti-Semitic  or  anti- 
Israeli  content.  Possession  of  banned  materials  is  punishable  by  a  fine  and  impris- 
onment. In  1997  Israel  refused  to  allow  publications,  including  newspapers,  into  the 
Gaza  Strip  during  closures. 

Israeli-imposed  closures  also  severely  disrupted  the  operations  of  West  Bank  and 
Gaza  universities,  colleges,  and  schools  during  the  year.  Educational  institutions  in 
the  West  Bank  and  Jerusalem  closed  for  periods  oi  time  as  a  result  of  internal  clo- 
sures in  the  West  Bank.  Significant  numbers  of  students  and  staff  could  not  travel 
to  the  schools  from  neighboring  towns  and  villages.  Gaza  students  experience  dif- 
ficulty obtaining  permits  to  attend  West  Bank  universities. 


1486 

The  PA  has  a  generally  poor  record  on  freedom  of  expression  and  freedom  of  the 
press,  although  it  professes  to  tolerate  varying  political  views  and  criticism.  In  gen- 
eral PA  authorities  do  not  permit  criticism  oi  Yasir  Arafat  or  his  policies  or  style 
of  government.  Press  freedom  in  PA-controUed  areas  is  subject  to  a  1995  Press  Law 
that  does  not  adequately  protect  the  press.  PA  security  services  further  stifle  the 
independence  of  the  press  by  periodically  harassing  or  detaining  media  members. 
PA  officials  imf>osed  restrictions  on  the  press  in  several  instances,  including  closing 
some  opposition  newspapers.  In  May  PA  security  officials  detained  Palestinian- 
American  journalist  Daoud  Kuttab  for  over  a  week.  He  was  never  charged  but  came 
to  the  attention  of  the  PA  when  he  broadcast  a  Palestinian  Council  session  that  dis- 
cussed PA  corruption. 

The  PA  has  authority  over  all  levels  of  education  in  the  West  Bank  and  Gaza 
Strip.  PA  security  services  in  the  Gaza  Strip  arrested  prominent  university  profes- 
sor Fahti  Sobh  in  July  after  he  allegedly  asked  students,  as  a  final  exam  question, 
what  they  would  do  about  PA  corruption.  Sobh  reported  that  he  was  subjected  to 
torture.  He  did  not  pay  a  fine.  He  faces  a  fine  up  to  approximately  $7,000  (5000 
Jordanian  dinars)  if  he  is  apprehended  again.  This  detention  was  the  only  instance 
of  PA  interference  in  academic  freedom  during  the  year. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Israeli  military  orders  ban 
public  gatherings  of  10  or  more  persons  without  a  permit.  Since  the  1993  signing 
of  the  Declaration  of  Principles,  Israel  has  relaxed  enforcement  of  this  rule  except 
in  cases  of  Palestinian  demonstrations  against  land  seizures  or  settlement  expan- 
sions. 

Private  Palestinian  organizations  are  required  to  register  with  the  Israeli  authori- 
ties in  areas  under  Israeli  control,  though  some  operate  without  licenses.  The  au- 
thorities permit  Palestinian  charitable,  community,  professional,  and  self-help  orga- 
nizations to  operate  unless  their  activities  are  viewed  by  Israeli  authorities  as  a  se- 
curity problem.  Israeli  authorities  have  forced  some  Palestinian  organizations  in 
East  Jerusalem  to  close  because  of  alleged  links  to  the  PA. 

The  PA  does  not  impose  restrictions  on  freedom  of  assembly,  although  it  does  re- 
quire permits  for  rallies,  demonstrations,  and  large  cultural  events.  These  permits 
are  rarely  denied.  In  Gaza  police  approval  is  required  for  "political"  meetings  at  sev- 
eral specific  large  meeting  halls.  Written  permission  is  also  required  for  buses  to 
transport  passengers  to  attend  political  meetings.  In  West  Bank  cities,  the  PA  re- 
quires permits  for  outdoor  rallies  and  demonstrations  and  prohibits  calls  for  vio- 
lence, a  display  of  arms,  and  racist  slogans,  although  this  is  not  always  enforced. 

There  were  periodic  complaints  during  the  year  from  Palestinian  political  parties, 
social  and  professional  groups,  and  other  NGO's  that  the  PA  tried  to  limit  their  abil- 
ity to  act  autonomously. 

c.  Freedom  of  Religion. — The  Israeli  Government  respects  freedom  of  religion  and 
does  not  ban  any  group  or  sect  on  religious  grounds.  It  permits  all  faiths  to  operate 
schools  and  institutions.  Religious  publications  are  subject  to  the  publications  laws 
(see  Section  2. a.).  In  1997  the  IDF  temporarily  closed  at  least  five  mosques  in  the 
course  of  investigating  communities  in  which  terrorist  suspects  were  believed  to  be 
operating. 

The  PA  does  not  restrict  freedom  of  religion.  There  are  periodic  credible  allega- 
tions that  a  small  number  of  Muslim  converts  to  Christianity  are  subject  to  societal 
discrimination  and  sometimes  harassment  by  PA  ofiicials.  The  PA  investigates  such 
complaints.  There  was  no  pattern  of  PA  discrimination  and  harassment  against 
Christians. 

d.  Freedom  of  Movement  within  the  Occupied  Territories,  Foreign  Travel,  Emigra- 
tion, and  Repatriation. — Israel  requires  that  all  West  Bank  and  Gaza  residents  ob- 
tain identification  cards  to  qualify  for  permits  to  enter  Israel  and  Jerusalem.  How- 
ever, Israel  often  denies  applicants  permits  with  no  explanation,  and  does  not  allow 
effective  means  of  appeal.  Palestinian  officials  with  VIP  passes,  including  PA  cabi- 
net officials  and  members  of  the  Palestinian  Council,  were  subjected  to  long  delays 
and  searches  at  Israeli  checkpoints  in  the  West  Bank,  even  though  they  were  travel- 
ing on  special  passes  issued  by  Israel.  In  general  Palestinians  in  the  West  Bank  and 
Gaza  Strip  find  it  difficult  to  obtain  permits  to  work,  visit,  study,  obtain  medical 
care,  or  attend  religious  services  outside  of  the  West  Bank  or  Gaza.  Palestinian  resi- 
dents of  Jerusalem  are  sometimes  prohibited  from  entering  PA-controUed  areas  of 
the  West  Bank,  and  they  require  written  permits  from  Israel  to  travel  to  the  Gaza 
Strip.  Residents  of  the  Gaza  Strip  are  rarely  able  to  obtain  permission  to  travel  to 
the  West  Bank,  or  residents  of  the  West  Bank  to  enter  the  Gaza  Strip;  this  is  even 
true  of  residents  of  the  West  Bank  and  Gaza  Strip  who  regularly  receive  permission 
to  enter  Israel.  Israeli  authorities  do  not  permit  (}azans  to  bring  vehicles  into  Israel 
and  rarely  permit  West  Bank  vehicles  to  enter  Jerusalem  or  Israel.  Except  for  sen- 
ior PA  olTicials,  Palestinians  of  all  ages  entering  (or  exiting)  the  Gaza  Strip  from 


1487 

(or  into)  Israel  are  not  permitted  to  travel  by  car  across  the  main  checkpoint.  In- 
stead, they  must  travel  along  a  narrow  walkway  almost  a  mile  long.  Israelis  moving 
into  and  out  of  the  Gaza  Strip  are  permitted  to  use  their  cars.  Israel  and  the  PA 
have  yet  to  establish  "safe  passage"  to  facilitate  travel  between  the  West  Bank  and 
Gaza  Strip  as  set  out  in  the  1995  Interim  Agreement. 

Israel  continues  to  apply  its  policy,  begun  in  1993,  of  closure  of  the  West  Bank 
and  the  Gaza  Strip,  following  terrorist  attacks.  On  occasion  Israel  also  imposes  a 
tightened  version  of  closure  in  the  wake  of  terrorist  incidents.  During  these  times 
Israel  tends  to  cancel  all  travel  permits  and  prevents  Palestinians,  even  those  with 
valid  work  permits,  from  entering  Israel  or  Jerusalem.  Israel  often  imposes  an  "in- 
ternal closure"  during  the  "an  initial  limited  period."  An  "internal  closure"  prohibits 
Palestinians  from  traveling  between  West  Bank  towns  and  villages.  Tightened  clo- 
sures, especially  those  that  include  an  internal  closure,  severely  hamper  the  flow 
of  food,  medicine,  students,  doctors,  and  patients  into  and  out  of  the  occupied  terri- 
tories, and  they  seriously  disrupt  commercial  activity.  A  tightened  closure  was  im- 
posed after  the  March  21,  July  30,  and  September  4  terrorist  bombings.  Tightened 
closures  imposed  during  the  year  lasted  longer  and  were  more  strictly  enforced  than 
those  from  past  years.  After  both  the  July  30  and  September  4  bombings,  an  "inter- 
nal" closure  was  imposed  for  almost  2  weeks,  while  the  tightened  closure  lasted  for 
about  a  month. 

As  a  security  precaution,  Israel  also  routinely  tightens  the  closure  of  the  West 
Bank  and  the  Gaza  Strip  during  major  Jewish  or  Muslim  holy  days,  as  well  as  dur- 
ing times  of  political  sensitivity  for  Israel. 

Israel  continued  to  impose  periodic  curfews  in  areas  of  the  West  Bank  under  its 
jurisdiction  in  response  to  its  security  concerns,  in  anticipation  of  incidents,  or  as 
part  of  ongoing  security  operations.  Israelis  are  generally  tree  to  move  about  during 
curfews,  while  Palestinians  are  confined  to  their  homes.  A  curfew  was  imposed  on 
the  southern  West  Bank  village  of  Surif  in  March  and  on  the  northern  West  Bank 
village  of  Assira  Shamaliyyah  in  September.  During  periods  of  tightened  closure,  Is- 
raeli settlers  were  prevented  from  entering  Palestinian-controlled  zones. 

The  Israeli  Government  restricted  travel  for  some  Israeli  settlers,  prohibiting 
them  from  entering  sensitive  locations  in  the  West  Bank.  The  Yesha  Council,  an 
umbrella  group  of  settler  organizations,  reported  that  six  Israelis  were  placed  under 
administrative  detention  during  the  year. 

The  Israeli  Government  requires  all  Palestinian  residents  in  areas  under  its  con- 
trol to  obtain  permits  for  foreign  travel  and  has  restricted  the  travel  of  some  politi- 
cal activists.  Bridge-crossing  permits  to  Jordan  may  be  obtained  at  post  offices  with- 
out a  screening  process.  However,  in  the  case  of  East  Jerusalem  Palestinians,  the 
fear  of  losing  one  s  residency  is  an  obstacle  to  travel.  Palestinian  males  between  the 
ages  of  16  and  25  who  cross  into  Jordan  must  remain  outside  the  occupied  terri- 
tories for  9  months.  Restriction  on  residence,  tourist  visas,  reentry,  and  family  re- 
unification apply  only  to  Palestinian  residents  of  the  occupied  territories.  Israeli  au- 
thorities sometimes  refuse  to  renew  the  laissez-passers  oi  Palestinians  from  the  oc- 
cupied territories  who  live  or  work  abroad,  on  the  grounds  that  they  have  aban- 
doned their  residences. 

Palestinians  who  live  in  the  part  of  Jerusalem  that  was  occupied  during  the  1967 
War  generally  do  not  accept  Israeli  citizenship.  They  are,  therefore,  issued  a  resi- 
dence permit,  or  Jerusalem  ID  card,  by  the  Israeli  Government.  Israel  applies  the 
1952  Law  of  Permanent  Residency  ana  its  1974  amendments  to  Jerusalem  identi- 
fication card  holders.  This  law  stipulates  that  a  Jerusalem  resident  loses  the  right 
of  residence  if  the  resident  leaves  Israeli  territory  for  more  than  7  years,  acquires 
nationality  of  another  country,  or  acquires  permanent  residence  in  another  country. 
Such  persons  are  permitted  to  return  only  as  tourists  and  are  sometimes  denied 
entry.  The  Israeli  Government  does  not  apply  these  same  restrictions  to  Israeli  citi- 
zens. Israeli  government  oflicials  deny  that  more  stringent  enforcement  of  the  Jeru- 
salem residency  requirements  in  1997  refiects  a  concerted  policy  to  decrease  the  Pal- 
estinian population  in  the  city.  Human  rights  groups  estimate  that  approximately 
5,000  Palestinian  residents  had  their  residency  permits  revoked  in  1996  and  1997. 

Invoking  the  1952  law,  Israeli  officials  routinely  tell  Palestinian  residents  of  Jeru- 
salem who  possess  other  nationalities  that  they  have  to  renounce  their  other  nation- 
alities in  order  to  retain  the  right  to  live  in  Jerusalem.  Over  175  Palestinian-Ameri- 
cans have  been  told  that  they  must  renounce  their  U.S.  citizenship  in  order  to  retain 
their  Jerusalem  residency. 

Israeli  authorities  also  place  restrictions  on  family  reunification.  Most  Palestin- 
ians who  were  abroad  before  or  during  the  1967  War,  or  who  have  lost  their  resi- 
dence permits  for  other  reasons,  are  not  permitted  to  reside  permanently  with  their 
families  in  Jerusalem  or  the  occupied  territories.  Foreign-bom  spouses  and  children 
of  Palestinian  residents  also  experience  difficulty  in  obtaining  permission  to  reside 


1488 

with  their  family  members.  Only  1,500  family  reunification  permits  have  been  is- 
sued since  the  Interim  Agreement  was  signed  in  1995. 

Israeli  security  singles  out  young  (often  unmarried)  Palestinian  males  for  more 
stringent  restrictions  than  other  Palestinians,  citing  them  as  more  likely  to  be  secu- 
rity risks.  They  are  generally  prohibited  from  working  in  Israel. 

The  PA  issues  passports  and  identification  cards  for  Palestinians  residing  in  the 
West  Bank  and  Gaza.  Bearers  of  Palestinian  passports  do  not  need  special  exit  per- 
mits from  the  PA,  but  do  require  reentry  permits.  They  can  travel  both  over  the 
Allenby  Bridge  to  Jordan  and  via  Ben  Gurion  Airport  in  Israel.  Palestinians  who 
are  Jerusalem  residents  may  not  obtain  Palestinian  passports  and  must  obtain  trav- 
el documents  from  the  Government  of  Israel  to  travel  abroad.  Those  wishing  to  trav- 
el to  Jordan  must  leave  their  ID  documents  with  Israeli  authorities  at  the  Allenby 
Bridge.  There  is  also  a  requirement  that  Jerusalem  Palestinians  have  a  special  per- 
mit to  cross  the  Allenby  Bridge,  available  for  $40  (125  New  Israeli  Shekel — nis) 
from  the  Ministry  of  Interior.  Palestinians,  including  Palestinian-Americans  who  are 
residents  of  the  West  Bank,  the  Gaza  strip,  or  Jerusalem,  are  not  allowed  to  cross 
at  the  Sheikh  Hussein  or  Arava  crossings  with  Jordan. 

Palestinians  with  passports  from  other  countries  are  required  by  Israel  to  exit  and 
enter  (either  via  Ben  Gurion  or  via  land  crossings)  with  a  Palestinian  passport.  Is- 
rael asserts  that  the  requirement  results  from  the  Interim  Agreement.  Palestinian 
officials  dispute  this  interpretation  and  characterize  this  requirement  as  "harass- 
ment." On  several  occasions  in  1997  following  terrorist  incidents,  Israel  has  re- 
stricted foreign  travel  of  all  those  who  hold  Palestinian  passports.  This  has  some- 
times resulted  in  Palestinians  being  unable  to  leave  or  to  enter  Israel.  At  all  times, 
West  Bank  and  Gazan  Palestinians  require  a  sf)ecial  permit,  issued  by  Israel,  to 
enter  Jerusalem. 

The  PA  does  not  control  its  borders.  All  persons  entering  PA-controlled  areas 
must  be  granted  permission  by  Israel.  The  issue  of  Palestinian  refugees  is  a  matter 
to  be  discussed  between  Israel  and  the  PA  in  final  status  negotiations. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Palestinian  residents  of  the  West  Bank,  Gaza  Strip,  and  Jerusalem  chose  their 
first  popularly-elected  government  in  1996.  They  elected  an  88-member  Council  and 
the  Ra'ees  (IVesident  or  Chairman)  of  the  Executive  Authority  of  the  Council.  Yasir 
Arafat  won  almost  89  percent  of  the  vote  in  a  two-person  race  for  Chairman.  Some 
700  candidates  ran  for  council  seats.  Council  members  were  elected  in  multimember 
electoral  districts.  As  many  as  35  of  the  elected  members  were  independent  can- 
didates or  critics  of  Arafat  and  his  Fatah  faction.  International  observers  concluded 
that  the  election  could  be  reasonably  regarded  as  an  accurate  expression  of  the  will 
of  the  voters,  despite  some  irregularities.  During  the  year,  the  Council  debated  nu- 
merous draft  laws  and  some  168  resolutions.  Some  members  of  the  Council  com- 
plained of  its  relative  lack  of  power  in  relation  to  the  executive  branch  of  govern- 
ment; the  Council  and  the  Executive  Authority  work  within  the  boundaries  set  out 
in  the  1995  Interim  Agreement.  The  Council's  mandate  runs  to  mid-1999,  the  end 
of  the  interim  period  set  out  in  the  accords. 

Most  Palestinians  in  Jerusalem  do  not  recognize  the  jurisdiction  of  the  Municipal- 
ity of  Jerusalem.  I^ess  than  7  percent  of  Jerusalem's  Palestinian  population  voted 
in  the  1993  municipal  elections.  No  Palestinian  resident  of  Jerusalem  sits  on  the 
city  council. 

Women  are  underrepresented  in  government  and  politics.  There  are  5  women  in 
the  88-member  Council,  and  2  women  serve  in  ministerial-level  positions. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

Many  local  groups — Israeli,  Palestinian,  and  international — monitored  the  Israeli 
Government's  human  rights  practices.  The  Israeli  Government  normally  cooperates 
with  human  rights  organizations;  officials  normally  agree  to  meet  with  human 
rights  monitors.  The  Israeli  Grovernment  permits  human  rights  groups  to  publish 
and  hold  press  conferences. 

However,  some  individual  human  rights  workers  have  been  subjected  to  inter- 
ference. A  fieldwork  coordinator  for  the  Palestinian  human  rights  organization  Al- 
Haq  was  arrested  by  Israel  and  has  been  detained  without  charge  since  F'ebruary 
1996. 

The  Israeli  Government  withheld  its  cooperation  from  the  U.N.  Special  Committee 
to  Investigate  I*ractices  Affecting  the  Human  Rights  of  the  Palestinian  People  and 
Other  Arabs  of  the  Occupied  Territories.  The  Special  Committee  was  unable  to  visit 


1489 

the  occupied  territories  and  reported  that  the  Govornmonl  of  Israel  did  not  respond 
to  communicationH  addressed  to  it  on  the  matter. 

Many  hx-al  human  rights  (jroups  mostly  Palestinian^ — as  well  as  several  inter- 
national human  rights  organizations  moniton'd  the  I'A's  human  riglils  practices. 
The  PA  generally  r(K)p«*rates  with  these  organi/atioiis  and  PA  oHuMals  normally 
meet  with  their  rn'pn'sentatives.  Several  i'alestinian  human  rights  organizations 
work  behind  the  scenes  with  the  PA  to  overcome  abusive  practices  in  certain  an>as. 
They  also  publi.sh  criticism  if  they  believe  that  the  PA  is  not  responding  adequately 
to  private  entreaties.  In  December  tlie  West  Hank  intelligence  service  lilted  a  (>- 
month  ban  on  visits  to  its  prisons  by  lawyers  of  one  human  rights  gn)ui). 

The  ICK(/  operates  in  the  PA  an'as  under  the  terms  of  a  memorandum  of  under- 
Htanding  signed  in  September  199(>  In-tween  the  1(^K('  and  the  PIX).  'I'he  memoran- 
dum accords  the  1('K(^  access  to  all  d«'tainees  held  by  the  PA  and  allows  regular 
inspt'ctions  of  prison  conditions.  In  atx'ordance  with  tfu*  agix'ement,  the  l("K(,  con- 
ducted routine  visits  of  PA-run  pri.son  facilities  and  to  PA-held  prisonei-s  thnnighout 
the  year. 

Section  5.  Discrimination  Hased  on  Race,  Sex,  licliffion,  Disahility,  hirif^unj^c,  or  So 
cinl  Status 

Under  the  complex  mixtun^  of  laws  and  regulations  that  apply  l-o  th<'  otxupied  ter- 
ritories, Palestinians  are  disadvantaged  under  Isra<'li  law  and  practices  compared 
with  the  treatment  received  by  Israeli  settK-r-s.  This  includes  discrimination  in  resi- 
dency, land  use,  and  atxess  to  health  and  social  servitx's. 

Women. — The  pn)blems  of  rajx',  domestic  violence,  and  violence  ri'Iated  to  "family 
honor"  have  gained  greater  pn)minence  in  the  Palestinian  community,  but  public 
discussion  is  generally  muted.  Victims  aix'  oRen  encouraged  by  relativ<'s  to  remain 
quiet  and  are  them.selves  punished  or  bliuned  for  the  "shame"  that  has  Ix-en  bnnight 
upon  them  and  their  families.  Women's  groups  nvvk  to  i-ilucale  women  on  these 
problems,  but  women's  rights  advcxates  claim  that  few  resources  aix-  available  to 
shelter  the  victims  of  viol«-nce.  They  also  maintain  that  society  has  not  In-en  recep- 
tive to  pn)viding  counseling  or  outreach  st-rvices  to  victims  of  problems  that  tlu>y 
see  as  more  widespread  than  is  acknowledged.  Accxirding  to  women's  g»x)ups,  thert» 
are  no  reliable  data  on  the  incidence  of  vioK-nce  against  women.  S[K)usal  abuse,  sex- 
ual abus<>,  and  "honor  killings"  occur,  but  societal  nressiires  nrevent  most  incidentH 
fn)m  being  rej)orted,  and  most  ca.ses  are  d<'alt  with  informally  by  family  members. 

Palestinian  women  in  lx)th  the  Israeli-  and  PA-controlU-d  aix-as  of  the  oixupied 
territories  endure  various  forms  of  social  pixjudice  and  repix-ssion  within  their  own 
society.  Because  of  early  marriage,  girls  frequently  <lo  not  linish  the  mandatory  level 
of  schooling.  (Cultural  restrictions  sometimes  prevent  them  from  attending  colleges 
and  univi'rsities.  While  there  is  an  active  women's  movement  in  the  Wi-st  nank,  at- 
tention has  only  recently  shifled  from  nationalist  aspirations  to  issues  that  greatly 
aflect  women  sucli  as  domestic  violeiux-,  ecjual  acc<*ss  to  education  and  employment, 
and  laws  concerning  marriage  and  inlu-ritance. 

A  gn)wing  numlH>r  of  i'alestinian  women  work  outside  th«'  home,  where  they  tend 
to  encounter  discrimination.  There  are  no  sjx'cial  laws  providing  for  women's  rights 
in  the  workplacxv  Women  are  underrepix'sented  in  most  aspects  of  nrofessional  life. 
Despite  the  fact  that  there  is  a  small  group  of  women  who  are  prominent  in  politics, 
medicine,  law,  teaching,  and  in  nongovernmental  organizations,  wonuMi  for  the  most 
part  an*  seriously  underrepix-sented  in  the  decisionmaking  positions  in  these  fields. 

Personal  status  law  for  Palestinians  is  based  on  religious  law.  For  Muslim  Pal- 
estinians, p<'rsonal  status  law  is  derived  from  Shari'a  (Islamic  law).  In  the  W«"st 
Hank  and  (laza,  Shari'a  law  jH-rtaining  to  women  is  part  of  tlu'  .Jordanian  Status 
l^aw  of  197(j,  which  includes  inheritance  and  marriage  laws.  Under  the  law,  women 
inherit  less  than  male  memlx-rs  of  the  family.  The  marriage  law  allows  men  to  take 
more  than  one  wife,  although  few  do  so.  Women  are  permitted  to  make  "stipula- 
tions" to  pn)tect  them  against  divorce  and  (piestions  of  child  custody.  However,  only 
an  estimated  1  |X'rcent  of  women  take  advantage  of  this  .section  of  the  law,  leaving 
most  women  at  a  disadvantage  when  it  comes  to  divorxx'  or  child  custody.  Following 
legal  pn)tests,  the  I'A  Ministry  of  ('ivil  Adairs  in  1!)9()  rescinded  a  law  reciuiring 
women  to  obtain  the  written  consent  of  a  male  family  member  before  it  would  issue 
them  a  travel  document. 

Children.  Thv  PA  requires  ojmpulsory  education  up  to  12  years  of  age.  Current 
British  Mandate,  Jordanian,  and  military  laws,  fn)m  which  W<'st  Bank  and  Uaza 
law  is  derived,  offer  pn)te<-tion  to  children  under  the  l,alK)r  and  Pi-nal  (^odes.  While 
there  is  no  juvenile  court  system,  judges  s|x>cializing  in  children's  cas<'s  generally 
sit  for  juvenile  offenders.  In  cases  where  the  child  is  the  victim,  judges  have  the  dis- 
crt'tion  to  remove  the  child  from  a  situation  deemed  harmful.  Iiowever,  the  system 
is  not  advanced  in  the  protection  afforded  children. 


1490 

There  is  no  societal  pattern  of  abuse  of  children  among  Palestinians. 

People  With  Disabilities. — There  is  no  mandated  accessibility  to  public  facilities  in 
the  occupied  territories  under  either  Israeli  or  Palestinian  authority.  Approximately 
130,000  Palestinians  in  the  West  Bank  and  Gaza  are  disabled.  Some  Pafestinian  in- 
stitutions care  for  and  train  disabled  persons;  their  efforts,  however,  are  chronically 
underfunded.  Many  Palestinians  with  disabilities  are  segregated  and  isolated  from 
Palestinian  society;  they  are  discriminated  against  in  most  spheres,  including  edu- 
cation, employment,  transportation,  and  access  to  public  buildings  and  facilities. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Labor  affairs  in  the  West  Bank  came  under  Palestin- 
ian responsibility  with  the  signing  of  the  Interim  Agreement  in  September  1995. 
Until  a  new  law  being  drafted  by  PA  authorities  comes  into  effect,  labor  affairs  in 
the  West  Bank  are  governed  by  Jordanian  Law  21  of  1965,  as  amended  by  Israeli 
military  orders,  and  in  Gaza  by  PA  decisions.  The  law  permits  workers  to  establish 
and  join  unions  without  government  authorization.  The  earlier  Israeli  stipulation 
that  all  proposed  West  Bank  unions  apply  for  a  permit  is  no  longer  enforced.  No 
new  unions  were  established  in  1997.  Israeli  authorities  previously  have  licensed 
about  35  of  the  estimated  185  union  branches  now  in  existence.  There  are  almost 
30  licensed  trade  unions  in  the  West  Bank  and  6  in  Gaza. 

Palestinian  workers  in  Jerusalem  are  governed  by  Israeli  labor  law.  They  are  free 
to  establish  their  own  unions.  Although  the  Government  restricts  Jerusalem  unions 
from  joining  West  Bank  trade  union  federations,  this  restriction  has  not  been  en- 
forced. Palestinian  workers  in  Jerusalem  may  belong  simultaneously  to  unions  affili- 
ated with  West  Bank  federations  and  the  Israeli  Histadrut  Labor  Federation. 

West  Bank  unions  are  not  affiliated  with  the  Israeli  Histadrut  federation.  Pal- 
estinians who  work  in  Israel  or  Jerusalem  are  not  full  members  of  Histadrut,  but 
they  are  required  to  contribute  1  percent  of  their  wages  to  Histadrut.  Negotiations 
between  Histadrut  and  West  Bank  union  officials  to  return  half  of  this  fee  to  the 
Palestinian  Union  Federation  were  completed  in  1995,  but  funds  have  yet  to  be 
transferred. 

Palestinians  who  work  in  Israel  are  required  to  contribute  to  the  National  Insur- 
ance Institute  (Nil),  which  provides  unemployment  insurance  and  other  benefits. 
Palestinian  workers  are  eligible  for  some,  but  not  all.  Nil  benefits.  According  to  the 
Interim  Agreement,  Palestinians  working  in  Israel  continue  to  be  insured  for  inju- 
ries occurring  in  Israel,  the  bankruptcy  of  a  worker's  employer,  and  allowances  for 
maternity  leave.  The  Israeli  Government  agreed  to  transfer  the  Nil  fees  collected 
from  Palestinian  workers  to  the  PA,  which  is  to  assume  responsibility  for  the  pen- 
sions and  social  benefits  of  Palestinians  working  in  Israel.  Implementation  of  this 
change  is  still  underway. 

The  great  majority  of  West  Bank  unions  belong  to  the  Palestinian  General  Fed- 
eration of  Trade  Unions  (PGFTU).  The  PGFTU  acted  as  the  informal  coalition  in 
the  completion  of  the  negotiations  with  Histadrut  regarding  workers'  fees.  The  reor- 
ganization of  unions  under  the  PGFTU  is  intended  to  enable  the  West  Bank  unions 
and  Gaza  unions  to  better  represent  the  union  members'  interests;  the  reorganiza- 
tion had  not  yet  been  finalized  at  year's  end. 

An  estimated  86,000  workers  are  members  of  the  PGFTU,  the  largest  union  bloc. 
The  PGFTU  estimates  actual  organized  membership,  i.e.,  dues-paying  members,  at 
about  30  percent  of  all  Palestinian  workers. 

No  unions  were  dissolved  by  administrative  or  legislative  action  during  the  year. 
Palestinian  unions  seeking  to  strike  must  submit  to  arbitration  by  the  PA  Ministry 
of  Labor.  If  the  union  disagrees  with  the  final  arbitration  and  strikes,  a  tribunal 
of  senior  judges  appointed  by  the  PA  decides  what,  if  any,  disciplinary  action  is  to 
be  taken.  There  are  no  laws  in  the  territories  that  specifically  protect  the  rights  of 
striking  workers,  and  in  practice,  such  workers  have  little  or  no  protection  from  an 
employer's  retribution. 

In  March  25  members  of  the  teachers  union,  who  went  on  strike  over  low  wages, 
were  imprisoned  for  40  days  in  Nablus  and  Ramallah. 

The  PGFTU  has  applied  for  membership  in  the  International  Confederation  of 
Free  Trade  Unions  (ICFTU). 

b.  The  Right  to  Organize  and  Bargain  Collectively. — A  majority  of  workers  in  the 
occupied  territories  are  self-employed  or  unpaid  family  helpers  in  agriculture  or 
commerce.  Only  35  percent  of  employment  in  the  territories  consists  of  wage  jobs, 
most  with  the  United  Nations  Relief  and  Works  Agency  (UNRWA),  the  PA,  or  in 
municipalities.  Collective  bargaining  is  protected.  Labor  disputes  are  adjudicated  by 
committees  of  3  to  5  members  in  businesses  employing  more  than  20  workers. 

Existing  laws  and  regulations  do  not  offer  real  protection  against  antiunion  dis- 
crimination. One  industrial  zone  is  being  developed  in  the  Gaza  Strip. 


1491 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — PA  law  does  not  specifically  pro- 
hibit forced  or  compulsory  labor,  including  by  children. 

d.  Status  of  Child  Labor  Practices  and  minimum  Age  for  Employment. — The  mini- 
mum working  age  in  the  West  Bank  and  Gaza  is  14  years,  but  most  observers  agree 
that  a  significant  number  of  Palestinian  children  under  the  age  of  16  years,  and 
many  under  the  age  of  12  years,  are  engaged  in  some  work  activities.  Most  of  this 
employment  is  beueved  to  involve  work  on  family  farms,  in  family  shops,  or  as 
urban  street  hawkers.  Some  employment  of  children  is  also  reported  to  occur  in 
small  manufacturing  enterprises,  such  as  shoe  and  textile  factories.  The  law  does 
not  specifically  prohibit  forced  or  compulsory  labor  by  children  (see  Section  6.c.). 

The  PA's  capacity  to  enforce  existing  laws  is  limited,  with  only  40  labor  inspectors 
to  inspect  an  estimated  65,000  enterprises.  The  International  Labor  Organization 
and  UNICEF  are  working  with  the  PA  to  study  the  nature  and  extent  oi  the  prob- 
lem and  to  develop  the  capacity  to  enforce  and  update  child  labor  laws. 

e.  Acceptable  Conditions  of  Work. — There  is  currently  no  minimum  wage  in  the 
West  Bank  or  Gaza  areas.  In  the  West  Bank,  the  normal  work  week  is  48  hours 
in  most  areas;  in  Gaza  the  work  week  is  45  hours  for  day  laborers  and  40  hours 
for  salaried  employees.  There  is  no  effective  enforcement  of  maximum  work  week 
laws. 

The  PA  Ministry  of  Labor  is  responsible  for  inspecting  work  places  and  enforcing 
safety  standards  in  the  West  Bank  and  Gaza.  The  Ministry  of  Labor  says  that 
newer  factories  and  work  places  meet  international  health  and  safety  standards  but 
that  older  ones  fail  to  meet  minimum  standards.  There  is  no  specific  legal  protection 
afibrded  workers  that  allows  them  to  remove  themselves  from  an  unhealthy  or  un- 
safe work  setting  without  risking  loss  of  employment. 


JORDAN 

The  Hashemite  Kingdom  of  Jordan  is  a  constitutional  monarchy  that  has  been 
ruled  by  King  Hussein  since  1952.  The  Constitution  concentrates  a  high  degree  of 
executive  and  le^slative  authority  in  the  King,  who  determines  domestic  and  for- 
eign policy.  The  Prime  Minister  and  the  Cabinet  manage  the  daily  affairs  of  govern- 
ment. The  Parliament  consists  of  the  40-member  Senate  appointed  by  the  King  and 
the  80-member  Chamber  of  Deputies,  which  is  elected  by  the  people  every  4  years. 
After  the  1989  elections  and  tne  lifting  of  martial  law  in  1991,  the  lower  house 
began  to  assert  itself  on  domestic  and  foreign  p)olicy  issues.  The  Parliament  elected 
in  1993,  however,  was  less  assertive  than  its  predecessor.  Over  500  candidates  com- 
peted in  the  October  parliamentary  elections,  despite  a  boycott  by  the  Islamist  and 
other  parties.  The  election  was  marred  by  reports  of  registration  irregularities, 
fraud,  and  restrictions  on  the  press  and  on  campaign  materials.  According  to  the 
Constitution,  the  judiciary  is  independent  of  other  l)ranches  of  government;  how- 
ever, in  practice,  it  is  susceptible  to  outside  influences. 

General  police  functions  are  the  responsibility  of  the  Public  Security  Directorate 
(PSD).  The  PSD,  the  General  Intelligence  Directorate  (GID),  and  the  military  share 
responsibility  for  maintaining  internal  security  and  have  authority  to  monitor  the 
activities  of  persons  believed  to  be  security  threats.  The  State  Security  Court  and 
broad  police  powers  are  vestiges  of  martial  law,  which  was  in  place  from  1967  to 
1991.  The  security  forces  continue  to  commit  human  rights  abuses. 

Jordan  has  a  mixed  economy,  with  significant  government  participation  in  indus- 
try, transportation,  and  communications.  The  country  has  few  natural  resources  and 
relies  heavily  on  foreign  assistance  and  remittances  from  citizens  working  abroad. 
The  economy  has  suffered  from  chronically  high  uneniployment  since  the  late 
1980's.  As  part  of  a  structural  adjustment  program,  the  Government  has  removed 
subsidies  on  several  staple  goods  and  lifted  price  controls  on  bread,  soft  drinks, 
fruits,  and  vegetables.  While  consumer  prices  and  interest  rates  have  risen,  wages 
have  remained  stagnant,  eroding  the  purchasing  power  of  most  citizens.  Exporters 
have  not  yet  found  adequate  replacement  markets  for  those  lost  as  a  result  of  Unit- 
ed Nations  sanctions  against  Iraq.  Additional  trade  with  Iraq  under  "food  for  oil" 
arrangements  has  not  significantly  afiiected  the  economy.  High  expectations  that  sig- 
nificant markets  would  develop  in  the  West  Bank,  Gaza,  and  Israel  following  the 
1994  signing  of  the  Jordan-Israel  peace  treaty  have  not  been  realized.  Per  capita 
gross  domestic  product  in  1996  was  $1,632. 

Since  the  revocation  of  martial  law  in  1991,  there  has  been  noticeable  improve- 
ment in  the  human  rights  situation,  however,  problems  remain,  including:  abuse 
and  mistreatment  of  detainees;  arbitrary  arrest  and  detention;  lack  of  accountability 
within  the  security  services;  prolonged  detention  without  charge;  lack  of  due  proc- 


1492 

ess;  infringements  on  citizens' privacy  rights;  harassment  of  opposition  political  par- 
ties; and  restrictions  on  the  freedom  of  speech,  press,  assemoly,  and  association. 
Citizens  do  not  have  the  right  to  change  their  form  of  government,  although  they 
can  participate  in  the  political  system  tnrough  political  parties  and  municipal  and 
parliamentary  elections.  New  restrictions  on  the  press  decreed  by  the  King  in  May 
shutdown  many  smaller  publications  and  led  the  others  to  practice  increased  seli- 
censorship.  In  reaction  to  these  limitations  and  to  the  "one-man,  one-vote"  change 
in  the  election  process,  the  Islamist  and  other  parties  boycotted  the  October  par- 
liamentary elections.  Abuse  of  foreign  servants  is  a  problem.  Restrictions  on  wom- 
en's rights,  violence  against  women,  and  abuse  of  children  are  also  problems.  The 
Government  imposes  some  limits  on  freedom  of  religion,  and  there  is  official  dis- 
crimination against  adherents  of  the  Baha'i  faith. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  other  Extrajudicial  Killing. — There  continues  to  be  a  reluctance 
on  the  part  of  the  security  services  to  transparently  investigate  allegations  of  wrong- 
ful death  in  police  custody.  In  one  incident,  family  members  accused  police  of  killing 
Samer  Mohammed  Ziyad.  on  June  23.  The  29-year-old  man  was  wanted  for  theft, 
fraud,  and  arson.  According  to  relatives,  police  first  assaulted  Samer's  brother  out- 
side of  the  family  home.  After  the  injured  brother  left  to  seek  medical  attention,  two 
police  officers  entered  the  house,  found  Samer,  and  escorted  him  to  a  bedroom. 
There,  according  the  family  members  who  witnessed  events,  a  policeman  struck 
Samer  twice  on  the  head  with  a  heavy  wooden  baton  causing  him  to  collapse,  uncon- 
scious, to  the  floor.  Samer  was  instructed  to  get  up  by  police.  When  he  remained 
motionless,  the  same  policeman  sprayed  a  mace-like  substance  into  his  face.  The 
fumes  were  so  strong  that  the  policemen  and  family  members  left  the  house  and 
remained  outside  for  approximately  90  minutes.  At  that  time  an  officer  arrived  and, 
after  assessing  the  situation,  instructed  family  members  to  take  Samer  to  the  hos- 
pital. Samer  was  pronounced  dead  on  arrival.  Police  officials  claim  that  Ziyad  had 
already  collapsed  when  police  arrived  to  arrest  him.  A  government  autopsy  reported 
the  cause  of  death  to  have  been  a  heart  attack  caused  by  blockage  in  the  coronary 
arteries.  Family  members  countered  that  Ziyad  had  no  history  oi  medical  problems 
and  demanded  a  second  autopsy.  A  second  autopsy  was  performed  by  a  panel  of  five 
independent  physicians.  While  the  second  autopsy  did  not  directly  contradict  the 
first  autopsy's  stated  cause  of  death,  it  did  descrioe  two  severe  wounds  to  the  vic- 
tim's head  and  surrounding  brain  tissue.  Police  officials  claim  to  have  conducted  an 
investigation  of  the  incident  and  the  allegation  of  wrongful  death  but  have  refused 
to  release  any  findings.  The  policemen  involved  in  the  incident  have  not  been  cen- 
sured and  remain  on  active  duty. 

In  March  a  member  of  the  army  border  guard  member,  Ahmed  Daqamseh,  shot 
and  killed  seven  Israeli  schoolgirls  and  wounded  three  others  on  Naharayim  Island 
in  the  Jordan  River.  In  June  he  was  tried  in  military  court,  convicted,  and  sen- 
tenced to  life  in  prison.  The  Government  immediately  condemned  the  act  and  the 
King  made  an  unprecedented  trip  to  visit  the  schoolgirls'  families. 

There  were  no  developments  in  the  investigation  of  police  officers  involved  in  the 
alleged  wrongful  deaths  of  Younis  Mahmoud  Abu  Dawlah,  who  died  in  December 
1996,  and  Mahmoud  Khalifah,  who  died  in  June  1995.  Both  men  died  while  in  police 
custody. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearance. 

c.  Torture  And  Other  Cruel,  Inhuman,  Or  Degrading  Treatment  Or  Punishment. — 
Although  the  legal  code  provides  prisoners  with  the  right  to  humane  treatment,  se- 
curity and  police  forces  sometimes  abuse  detainees  physically  during  interrogation. 
Torture  allegations  are  difficult  to  verify  because  security  officials  irequently  deny 
detainees  timely  access  to  lawyers.  The  most  frequently  alleged  methods  of  torture 
are  sleep  deprivation,  beatings,  and  extended  solitary  confinement.  Defendants  in 
high-profile  cases  before  the  state  security  court  occasionally  claim  to  have  under- 
gone physical  and  psychological  abuse  while  in  detention.  Government  officials  re- 
ject allegations  of  abuse. 

In  May  Fahd  Rimawi,  editor  of  the  weekly  tabloid  Al  Majd,  publicly  alleged  that 
he  was  slapped  in  the  face,  insulted,  and  threatened  by  officers  of  the  General  Intel- 
ligence Directorate.  Rimawi  had  been  called  in  for  questioning  after  publishing  an 
editorial  in  which  he  stated  that  it  was  "unfortunate'  that  an  Israeli  stabbing  victim 
in  Jordan  survived  the  attack.  The  Minister  of  State  for  Information  Affairs  said 
that  Rimawi  was  summoned  and  interrogated  for  publishing  "erroneous  news"  about 
changes  in  the  security  forces'  leadership.  The  Government  denied  that  Rimawi  was 
abused  and  said  that  he  was  released  with  a  warning. 


1493 

During  the  June  military  trial  of  Ahmed  Daqamseh,  an  army  border  guard  con- 
victed 01  killing  seven  Israeli  schoolgirls  and  wounding  three  others  (see  Section 
l.a.),  the  defendant  displayed  bruises  to  his  face  and  back.  Daqamseh's  lawyer 
claimed  that  Daqamseh  was  beaten  by  the  soldiers  guarding  him.  The  director  of 
the  military  prosecutor's  office  alleged  that  Daqamseh  beat  himself  against  his  cell 
door  "in  an  attempt  to  escape  from  captivity."  Court  was  adjourned  for  3  days  so 
Daqamseh  could  be  examined  and  the  source  of  the  injuries  determined,  but  the  re- 
sults of  the  examination  were  not  made  available  to  Daqamesh's  attorneys. 

Montasser  Abu  Zaid  was  hanged  in  June  for  murder.  Abu  Zaid  was  convicted  in 
1996  on  the  basis  of  a  confession  that  he  claimed  was  extracted  under  duress.  He 
alleged  that  he  and  his  wife  were  beaten  and  deprived  of  sleep  in  pretrial  detention. 
These  allegations  were  made  during  the  course  of  the  trial,  but  no  investigation  was 
conducted. 

In  May  police  used  force  to  disperse  demonstrating  journalists,  striking  protesters 
(see  Section  2.b.). 

Prisons  and  local  police  detention  facilities  are  Spartan  but  generally  meet  mini- 
mum international  standards.  Prisoners  detained  on  national  security  grounds  are 
often  kept  in  separate  prisons  maintained  by  the  GID,  where  conditions  are  much 
the  same  as  other  incarceration  facilities. 

There  were  reports  in  April  of  a  hunger  strike  staged  by  prisoners  at  Suwaqah 
prison  after  they  were  not  included  in  a  royal  amnesty.  Relatives  of  prisoners  told 
the  Parliament's  Public  Freedoms  Committee  that  personnel  from  the  PSD  entered 
the  prison  and  beat  those  inmates  who  were  participating  in  the  hunger  strike. 

The  International  Committee  of  the  Red  Cross  (ICR(J)  is  permitted  unrestricted 
access  to  prisoners  and  prison  facilities,  including  GID  facilities. 

d.  Arbitrary  Arrest,  Detention,  Or  Exile. — Security  forces  arbitrarily  arrest  and  de- 
tain citizens.  Under  the  Constitution  citizens  are  subject  to  arrest,  trial,  and  punish- 
ment for  the  defamation  of  heads  of  state,  dissemination  of  "false  or  exaggerated  in- 
formation outside  the  country  which  attacks  state  dignity,"  or  defamation  of  public 
officials. 

The  Criminal  Code  requires  legal  authorities  to  file  formal  charges  within  10  days 
of  arrest.  The  courts  routinely  grant  requests  from  prosecutors  for  15-day  extensions 
as  provided  by  law.  This  practice  generally  extends  pretrial  detention  for  protracted 

f)eriods  of  time.  In  cases  involving  state  security,  the  authorities  frequently  hold  de- 
endants  in  lengthy  pretrial  detention,  do  not  provide  defendants  with  the  written 
charges  against  them,  and  do  not  allow  defendants  to  meet  with  their  lawyers  until 
shortly  before  the  trial.  Security  defendants  usually  meet  with  their  attorneys  1  to 
2  days  prior  to  the  trial. 

The  Grovemment  detains  persons,  including  journalists,  for  varying  amounts  of 
time  for  what  appear  to  be  political  reasons.  During  the  year  all  such  detainees 
were  released  witnin  3  months;  most  were  released  immediately  after  questioning. 
Approximately  350  people,  including  journalists,  were  detained  for  national  security 
reasons  during  the  year. 

The  Government  does  not  use  forced  exile. 

e.  Denial  Of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  ju- 
diciary, and  court  rulings  against  the  (jovernment  in  past  years  indicate  that  the 
judiciary  can  function  independently.  However,  the  judiciary  is  susceptible  to  out- 
side pressure,  because  a  judge's  appointment  to,  and  advancement  within  the  judici- 
ary, IS  determined  by  a  committee  whose  members  are  appointed  by  the  King. 

TTiere  are  several  types  of  courts.  Most  criminal  cases  are  tried  in  the  civilian 
courts,  which  also  include  appeals  courts,  the  Court  of  Cassation,  and  the  Supreme 
Court.  Cases  involving  sedition,  armed  insurrection,  financial  crimes,  drug-traffick- 
ing, and  offenses  against  the  King  are  tried  in  the  State  Security  Court,  a  remnant 
of  the  pre-1991  martial  law  period.  In  January  Parliament  passed  amendments  to 
the  law  governing  the  State  Security  Court  efiectively  extending  its  jurisdiction  in- 
definitely. The  amendments  had  been  rejected  earlier  by  the  lower  house's  judicial 
committee  as  "undemocratic"  and  contrary  to  the  concept  of  an  independent  judici- 
ary. Islamic,  or  Shari'a,  courts,  have  jurisdiction  over  marriage  and  divorce  among 
Muslims  and  inheritance  cases  involving  both  Muslims  and  non-Muslims  (see  Sec- 
tion 5).  Under  Shari'a,  a  woman's  testimony  is  only  equal  to  half  that  of  a  man  (see 
Section  5). 

Most  trials  in  the  civilian  courts  are  open.  Defendants  are  entitled  to  legal  coun- 
sel, may  challenge  witnesses,  and  have  the  right  to  appeal.  Defendants  facing  the 
death  penalty  or  life  imprisonment  must  be  represented  by  legal  counsel.  Public  de- 
fenders are  provided  if  tne  defendant  cannot  afford  to  hire  legal  counsel. 

The  State  Security  Court  consists  of  a  panel  of  three  judges,  who  may  be  either 
civilians  or  military  officers.  Sessions  are  frequently  closed  to  the  public.  Defendants 
tried  in  the  State  Security  Court  are  often  held  in  pretrial  detention  without  access 


1494 

to  lawyers,  although  they  are  visited  by  representatives  of  the  ICRC.  In  the  State 
Security  Court,  judges  have  inquired  into  allegations  of  that  defendants  were  tor- 
tured and  have  permitted  the  testimony  of  physicians  regarding  these  allegations. 
To  date  the  Court  has  not  invalidated  a  confession  obtained  under  duress,  but  on 
review,  the  Court  of  Cassation  has  ruled  that  the  State  Security  Court  cannot  issue 
a  death  sentence  on  the  basis  of  such  a  confession  alone.  Defendants  in  the  State 
Security  Court  have  the  right  of  appeal  to  the  Court  of  Cassation,  which  is  author- 
ized to  review  testimony,  evidence,  and  judgment.  Appeals  are  automatic  for  cases 
involving  the  death  penalty. 

In  the  past,  defense  attorneys  have  challenged  the  appointment  of  military  judges 
to  the  State  Security  Court  to  try  civilian  cases  as  contrary  to  the  concept  of  an 
independent  judiciary.  Military  judges  appear  to  receive  adequate  training  in  civil 
law  and  court  procedure  and  State  Security  Court  decisions  are  reviewed  by  the 
Court  of  Cassation. 

Journalists  Nahed  Hattar  and  Abdullah  Abu  Roman  were  charged  with  offenses 
against  the  King  in  August  1996.  The  State  Security  Court  dropped  charges  during 
the  summer  of  1997,  but  the  state  prosecutor  is  appealing  the  decision.  Hattar  is 
accused  of  slandering  King  Hussein  and  Crown  Prince  Hassan.  The  evidence  against 
him  includes  published  articles  that  criticize  the  permanent  settlement  of  Palestin- 
ian refiigees  in  Jordan.  Abu  Roman  is  accused  of  slandering  the  King.  The  evidence 
against  him  is  based  on  articles  seized  when  police  raided  his  office.  The  two  are 
also  being  tried  in  civil  court  on  charges  including  propagating  material  that  "harms 
relations  l>etween  Jordan  and  Palestine,  sows  sectarianism  and  ethnicism,  instigates 
violence,  terror,  and  hatred,  and  undermines  national  unity." 

The  press  routinely  carries  details  of  the  security  court  cases. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  Or  Correspondence. — The 
Constitution  dictates  that  security  forces  must  obtain  a  warrant  from  the  Prosecutor 
General  or  a  judge  before  conducting  searches  or  otherwise  interfering  with  privacy, 
family,  home,  or  correspondence.  The  security  services  generally  respect  these  con- 
stitutional restrictions;  nowever,  in  security  cases,  authorities  sometimes — in  viola- 
tion of  the  law — obtain  warrants  retroactively  or  obtain  preapproved  warrants.  Se- 
curity officers  reportedly  monitor  telephone,  read  correspondence,  and  engage  in 
surveillance  of  persons  who  may  pose  a  threat  to  the  Government  or  national  secu- 
rity. While  these  practices  are  not  believed  to  be  widespread,  the  law  permits  them 
if  the  Government  obtains  a  court  order. 

Section  2.  Respect  For  Civil  Liberties,  Including: 

a.  Freedom  Of  Speech  And  Press. — The  Constitution  provides  for  freedom  of 
speech  and  of  the  press;  however,  the  Government  imposes  some  restrictions  on 
these  rights.  Freedom  of  the  press  was  curtailed  by  restrictive  new  amendments  to 
the  Press  Law.  The  Government  also  intimidates  journalists  to  encourage  self-cen- 
sorship. Private  citizens  can  be  prosecuted  for  slandering  the  royal  family,  the  Gov- 
ernment, or  foreign  leaders  and  for  sowing  sedition.  Citizens  generally  do  not  hesi- 
tate to  criticize  the  Government  openly,  but  are  more  circumspect  in  regard  to  the 
King  and  the  royal  family. 

The  Press  and  Publications  Law  was  amended  by  royal  decree — i.e.,  without  par- 
liamentary approval — in  May.  The  amendments  gave  daily  and  weekly  newspapers 
3  months  to  meet  greatly  increased  capitalization  requirements,  ranging  from 
$70,000  to  $840,000  and  $21,000  to  $420,000,  respectively.  The  amended  law  further 
prohibits  the  publication  of  news,  opinion,  information,  reports,  caricatures,  or 
photos  that:  offend  the  King  or  the  royal  family;  pertain  to  the  armed  forces  or  secu- 
rity services;  harm  national  unity;  disparage  religion;  offend  an  individual  or  harm 
his  reputation;  disparage  the  heads  of  friendly  states;  harm  the  country's  relations 
with  other  nations;  promote  perversion  or  lead  to  moral  corruption;  shake  confidence 
in  the  national  currency;  or  leature  false  news  or  rumors.  Fines  for  violations  of  the 
law  were  raised  from  a  maximum  of  $1,400  to  between  $21,000  and  $35,000.  News- 
papers deemed  to  be  in  violation  of  the  law  can  be  shut  down  until  all  fines  are 
paid. 

The  Press  and  Publications  Law  amendment  also  mandates  that  editors  must  be 
citizens,  resident  in  the  country,  and  have  10  years  of  full-time  experience  as  jour- 
nalists. In  September  chief  editor  Nabil  Al-Sharif  of  the  nation's  second  largest 
daily,  Al-Dustur,  received  a  letter  from  the  Ministry  of  Information  ordering  him  to 
resign  because  he  had  less  than  10  years  full-time  experience  as  a  journalist.  The 
Al-Snarif  family  and  the  Government  each  control  three  seats  on  the  paper's  nine- 
member  board.  Mr.  Al-Sharif  said  that  the  Government  was  unhappy  with  Al- 
Dustur's  editorial  policy  and  that  it  had  been  trying  use  the  board  of  directors  to 
oust  him  for  some  time. 


1495 

The  Government  exercises  control  over  the  daily  print  media  through  its  owner- 
ship of  61  percent  of  the  Jordan  Press  Foundation,  and  32  percent  of  the  Jordan 
Press  and  Publications  Company,  which  together  publish  three  of  the  country's  five 
dailies.  The  amended  Press  Law  dropped  an  earlier  clause  requiring  the  Govern- 
ment to  reduce  its  shares  in  press  establishments  to  a  maximum  of  30  percent.  The 
Government  also  requires  licenses  for  newspapers  and  periodicals,  but  the  Press 
Law  does  not  prescribe  penalties  for  publishing  without  a  license.  Specialized  publi- 
cations may  not  publish  material  other  than  that  for  which  they  are  licensed.  The 
Government  may  revoke  the  licenses  of  periodicals  that  repeatedly  violate  the  Press 
and  Publications  Law  or  which  fail  to  publish  for  an  extended  period  of  time.  The 
Government  licensed  one  new  publication  in  1997.  No  licenses  were  revoked. 

The  Government  also  requires  licenses  for  journalists,  editors,  and  publishers. 
Journalists  have  long  complained  about  the  requirement  that  they  must  join  the 
government-sponsored  Jordan  Press  Association  (JPA).  However,  the  Government 
has  not  taken  legal  action  against  journalists  who  refuse  to  join  the  association.  For- 
eign journalists  and  Jordanians  working  for  foreign  news  agencies  must  register 
with  the  Ministry  of  Information.  The  Press  Law  offers  limited  protection  for  the 
confidentiality  of  a  journalist's  sources. 

Persons  accused  of  violating  the  Press  and  Publications  Law  are  tried  in  a  special 
court  for  press  and  copyright  cases.  Journalists  are  also  prosecuted  for  criminal  and 
security  violations  in  connection  with  their  work.  Most  such  cases  result  in  acquittal 
or  are  dismissed  before  coming  to  trial.  No  guilty  verdicts  have  been  handed  down 
since  the  May  amendment  to  the  Press  and  Publications  Law.  Nevertheless,  the 
Government  routinely  uses  detention  and  prosecution  or  the  threat  of  prosecution 
of  press  and  publications  cases  as  a  means  to  intimidate  journalists  and  to  encour- 
age self-censorship. 

Credible  observers  expect  the  broad  definition  of  punishable  offenses  in  the 
amendments  to  the  Press  Law  to  encourage  increased  self-censorship.  The  first 
newspaper  to  close  following  the  press  amendments  was  the  satirical  weekly  Abed 
Rabbo,  which  printed  its  final  issue  on  June  14.  The  paper  cited  the  decree's  broad 
definition  of  prohibited  reporting  and  the  severity  of  fines  as  the  reasons  for  its  clo- 
sure. Two  of  the  paper's  editors,  Omar  Nadi  and  Yousef  Gheishan,  had  been  de- 
tained in  January,  charged  with  slandering  a  Member  of  Parliament  and  a  govern- 
ment minister.  The  paper  had  called  the  parliamentary  deputy  a  hypocrite  and 
printed  a  cartoon  depicting  the  minister  stealing  cars. 

As  a  direct  result  of  the  new  capitalization  requirements  promulgated  in  the  Press 
and  Publication  Law  amendments,  14  of  23  weeklies  were  forced  to  cease  publica- 
tion. Of  the  nine  weeklies  still  publishing,  four  are  considered  party  publications 
which  are  not  yet  subject  to  the  same  restrictions.  Regarding  the  new  senior  editor 
qualifications  contained  in  the  law,  two  of  the  five  senior  editors  of  daily  news- 
papers— i.e.,  all  but  one  of  the  dailies  not  completely  controlled  by  the  Govern- 
ment— and  one  of  the  weekly  senior  editors  have  been  asked  to  resign. 

In  January  Abdullah  Bani  Issa,  editor  of  the  weekly  Al  Hiwar,  was  sentenced  to 
6  months  in  prison  and  fined  $700  for  publishing  an  interview  in  which  Ata  Abu 
Rishtah,  leader  of  the  illegal  Tahrir  Party,  allegedly  slandered  the  King  and  the 
Crown  Prince.  The  sentence  cited  the  Press  and  Publications  Law  in  imposing  the 
fine  and  the  Penal  Code  in  passing  the  jail  sentence.  The  decision  was  overturned 
in  April  by  the  Court  of  Appeals,  wnich  ruled  that  the  content  of  the  interview  was 
neither  criminal  nor  slanderous.  Abu  Rishtah  is  currently  in  jail  for  an  earlier  1996 
State  Security  Court  conviction  for  slandering  the  King. 

Also  in  January,  Na'el  Salah,  editor  of  the  weekly  Al  Haqiqa,  was  sentenced  to 
9  months  in  prison  and  fined  $21,000  for  "spreading  false  news  and  publishing  por- 
nographic material"  for  reporting  on  prostitution  in  Amman.  Salah  had  been  de- 
tained for  4  days  in  1996  in  connection  with  the  case. 

The  editor  in  chief  of  the  Al-Ahali  weekly  newspaper  Jamil  Nimri,  and  reporters 
Basel  Tallouzi  and  Ramadan  Rawashdeh  were  acquitted  in  February  of  charges  of 
"instigating  the  masses"  against  the  Jordan-Israel  peace  treaty  and  harming  na- 
tional security.  The  Al-Ahaii  newspaper  is  linked  to  tne  Jordan  People's  Democratic 
Party.  In  May  Osama  Rantisi,  editor  of  the  Al-Ahali,  was  detained  for  10  days  be- 
fore being  charged  with  lack  of  accuracy  and  objectivity  in  reporting,  and  slandering 
individuals.  The  arrest  came  after  Rantisi  puolished  a  story  alleging  that  one  of 
Amman's  private  hospitals  was  failing  financially  and  was  going  to  be  purchased  by 
a  CToup  01  Israeli  investors. 

Zarqa  mayor  Mustafa  Fayyad  was  detained  for  3  days  in  February  for  slandering 
members  of  parliament.  The  Speaker  of  the  lower  house  of  Parliament  requested 
mayor  Fayyad's  arrest  after  he  said  in  an  interview  that  "three  quarters  of  the 
Members  of  Parliament  are  liars." 


1496 

Journalists  Nahed  Hattar  and  Abdullah  Abu  Roman  faced  charges  in  the  State 
Security  Court,  Hattar  for  slandering  the  King  and  the  Crown  Prince,  and  Abu 
Roman  for  slandering  the  King  (see  Section  I.e.). 

The  Penal  Code  authorizes  the  State  to  take  action  against  any  person  who  incites 
violence,  defames  heads  of  state,  disseminates  "false  or  exaggerated  information  out- 
side the  country  which  attacks  state  dignity,"  or  defames  public  officials.  Ahmed 
Oueidi  Abbadi  was  charged  with  undermining  national  unity,  inciting  people  to 
criminal  acts,  and  fueling  bigotry,  for  a  1996  editorial  in  which  he  called  for  govern- 
ment confiscation  of  the  property  of  Palestinians  living  in  Jordan.  The  case  was 
postponed  in  April  and  eventually  dismissed.  Abbadi  was  elected  to  Parliament  in 
the  October  elections. 

The  Government  is  the  sole  broadcaster  of  radio  and  television  programs.  Radio 
and  television  news  broadcasts  are  more  restricted  than  the  print  media.  Television 
news  airs  reports  critical  of  the  Government  but  rarely  covers  alleged  human  rights 
abuses.  Opposition  parties  have  complained  that  Jordan  Television  (JTV)  reports 
only  the  Grovemment's  position  on  controversial  matters.  International  satellite  tele- 
vision and  Israeli  and  Syrian  television  broadcasts  are  available  and  unrestricted. 

In  March  the  Government  announced  an  end  to  pre-distribution  censorship  of 
publications  entering  the  country.  Previously,  imported  magazines  and  newspapers 
were  subject  to  a  pre-distribution  check  for  violations  of  the  press  and  publications 
law.  In  October,  in  the  period  leading  up  the  parliamentary  elections,  the  Govern- 
ment resumed  pre-distrioution  censorship  of  foreign  publications,  blocking  the  dis- 
tribution of  54  Arabic  language  publications  and  16  issues  of  British  newspapers. 

There  were  no  dismissals  of  university  professors  for  their  political  views  in  1997. 
However,  intellectuals  believe  that  there  are  no  safeguards  to  prevent  such  dismis- 
sals. 

b.  Freedom  Of  Peaceful  Assembly  And  Association. — The  Government  restricts 
freedom  of  assembly.  Citizens  must  obtain  permits  for  public  gatherings.  Since  1989 
the  Government  has  granted  some  permits  for  peaceiul  demonstrations.  The  Gov- 
ernment denies  permits  for  public  protests  and  rallies  that  it  determines  pose  a 
threat  to  security. 

In  January  the  Government  permitted  a  demonstration  at  the  site  of  an  Israeli 
trade  fair  on  the  outskirts  of  Amman.  Water  cannons  were  fired  over  the  heads  of 
the  500  demonstrators  to  maintain  order,  and  security  forces  prevented  demonstra- 
tors from  approaching  the  entrance  to  the  site.  Organizers  of  the  demonstration  al- 
leged that  members  of  the  security  forces  prevented  buses  full  of  people  arriving 
from  outside  Amman  to  reach  the  demonstration  site. 

The  Government  issued  permits  for  a  large  gathering  in  March  "in  solidaritv  with 
the  Palestinian  people."  Opposition  figures  from  political  parties,  professional  asso- 
ciations, women  s  groups,  and  grass  roots  organizations  took  part  and  addressed  the 
crowd.  Some  would-be  participants  did  not  make  it  to  the  rally  site,  however,  when 
police  stopped  buses  hired  for  the  event  that  had  not  obtained  the  appropriate  per- 
mit for  cnanging  their  routes.  The  drivers  were  fined  and  the  buses  were  im- 
pounded, leaving  passengers  without  transportation.  The  usual  penalty  for  this  in- 
fraction is  a  small  fine. 

Police  used  force  on  May  20  during  an  unlicensed  demonstration  at  the  offices  of 
the  Prime  Minister  by  approximately  50  journalists  to  protest  amendments  to  the 
Press  and  Publications  Law.  As  the  demonstrators  dispersed,  security  forces  became 
involved  in  a  dispute  with  journalists  over  the  filming  of  an  interview  with  promi- 
nent opposition  figure  Layth  Shubaylat.  In  the  ensuing  fracas  several  people  were 
pushed,  shoved,  and  struck  by  police.  At  least  one  demonstrator  was  kicked  and  hit 
several  times  with  batons.  Nine  people  were  detained  for  several  hours  following  the 
demonstration.  The  Government  said  the  police  actions  were  justified  because  the 
protest  was  unlicensed.  The  demonstration  and  the  police  response  were  reported 
in  the  print  media. 

The  Government  restricts  freedom  of  association.  The  Government  requires  and 
routinely  grants  approval  for  conferences,  workshops,  and  seminars.  In  January  the 
Ministry  of  Culture  announced  its  decision  to  require  Ministry  approval,  in  writing, 
for  any  cultural,  scientific  or  artistic  activity.  The  decision  was  revoked  3  weeks 
later  afler  public  complaints. 

The  Government  routinely  licenses  political  parties  and  other  associations.  There 
are  currently  17  licensed  parties.  Membership  in  an  unlicensed  political  party  is  ille- 
gal. The  High  Court  of  Justice  may  dissolve  a  party  if  it  violates  the  Constitution 
or  the  Political  Parties  Law.  The  Government  can  deny  licenses  to  parties  that  it 
decides  do  not  meet  a  list  of  political  criteria  contained  in  the  Political  Parties  Law. 

In  a  July  statement  to  the  Minister  of  Interior,  11  opposition  parties  complained 
that  during  a  government-ordered  audit  of  parties'  finances,  some  parties  were 
asked  to  submit  unrelated  information,  including  party  members'  names  and  ad- 


1497 

dresses.  The  Minister  responded  that  the  audit  was  being  conducted  in  accordance 
with  the  law,  and  that  all  parties  were  being  treated  equally. 

c.  Freedom  Of  Religion. — According  to  the  Constitution,  Islam  is  the  state  religion. 
The  Constitution  prohibits  discrimination  on  the  basis  of  religion  and  provides  for 
"f>ersonal  freedom."  Sunni  Muslims  constitute  over  90  percent  of  the  population.  Is- 
lamic institutions  are  managed  by  the  Ministry  of  Religious  AfTairs  and  Trusts, 
which  appoints  imams  and  subsidizes  certain  activities  sponsored  by  mosques.  The 
Political  Parties  Law  prohibits  houses  of  worship  from  being  used  for  political  party 
activity.  The  law  was  primarily  designed  to  prevent  Islamist  parliamentarians  from 

f)reaching  in  mosques;  however,  enforcement  of  the  law  has  not  been  consistent.  Re- 
igious  instruction  is  mandatory  for  all  Muslim  students  in  public  schools.  Christian 
and  Baha'i  students  are  not  required  to  attend  courses  in  Islam. 

The  Grovemment  does  not  interfere  with  public  worship  by  the  country's  Christian 
minority.  Established  religious  groups,  which  include  Islam,  Roman  Catholicism, 
Greek  Orthodoxy,  the  Baptist  Church,  the  Anglican  Church,  the  Presbyterian 
Church,  the  Assyrian  Church,  and  Armenian  Orthodoxy,  require  official  government 
recognition  in  order  to  register  property  in  the  name  of  the  church,  but  members 
may  practice  their  religion  without  government  recognition.  The  Government  does 
not  recognize  the  Baha  i  faith  as  a  religion  but  does  not  prohibit  the  practice  of  the 
faith.  The  Government  does  not  record  the  bearer's  religion  on  national  identity 
cards  issued  to  Baha'is,  nor  does  it  register  property  belonging  to  the  community. 
Unlike  Christian  denominations,  the  Baha'i  conununity  does  not  have  its  own  court 
to  adjudicate  personal  status  and  family  matters.  Baha'i  personal  status  matters  are 
heard  in  Islamic  law  courts. 

The  Government  does  not  recognize  Jehovah's  Witnesses,  the  United  Pentecostal 
Church,  the  Church  of  Christ,  and  the  Church  of  Jesus  Christ  of  Latter-Day  Saints, 
but  each  denomination  is  allowed  to  conduct  religious  services  and  activities  without 
interference. 

The  law  prohibits  non-Muslims  from  proselytizing  Muslims.  Muslims  who  convert 
to  other  faiths  complain  of  social  and  government  discrimination.  The  Government 
does  not  fully  recognize  the  legality  of  such  conversions.  Under  Shari'a,  converts  are 
regarded  as  apostates  and  may  be  legally  denied  their  property  and  other  rights. 
In  Jordan  this  principle  is  not  applied.  Converts  from  Islam  do  not  fall  under  the 
jurisdiction  of  their  new  religions  laws  in  matters  of  personal  status  and  are  still 
considered  Muslims  under  Shari'a,  although  the  reverse  is  not  true.  Christians  are 
also  subject  to  aspects  of  Shari'a  designating  how  inheritances  should  be  distributed. 

d.  Freedom  Of  Movement  Within  The  Country,  Foreign  Travel,  Emigration,  And 
Repatriation. — The  law  provides  for  the  right  oi  citizens  to  travel  freely  abroad  and 
within  the  country  except  in  designated  military  areas.  The  law  requires  that  all 
women  and  foreign  women  married  to  Jordanians  obtain  written  permission  from 
their  male  guardian — usually  their  fathers  or  husbands — to  apply  for  a  passport.  A 
woman  traveling  abroad  with  children  may  also  be  required  to  show  written  author- 
ization from  her  spouse  before  departure.  Legal  authorities  enforce  requests  from  fa- 
thers to  prevent  their  children  from  departing  the  country,  even  when  traveling 
with  their  mothers. 

Following  the  shooting  in  March  of  seven  Israeli  girls  by  an  army  border  guard 
Ahmed  Daqamseh,  security  forces  closed  the  entrance  to  Daqamseh  s  home  village 
of  Ibdir  to  all  except  the  village's  inhabitants.  A  delegation  from  a  neighboring  tribe 
coming  to  inauire  about  the  Daqamseh  family's  welfare  and  opposition  figures  at- 
tempting to  aeliver  the  family  material  support  were  preventea  from  doing  so  by 
security  forces.  Foreign  diplomats  were  also  denied  entry. 

Jordanians  with  full  citizenship  receive  passports  valid  for  5  years.  Most  Palestin- 
ian living  in  Jordan  are  citizens  and  receive  passports  valid  for  5  years.  However, 
approximately  150,000  Palestinian  residents — most  refugees  or  children  of  refugees, 
wno  arrived  from  Gaza  after  1967 — do  not  qualify  for  Jordanian  citizenship.  They 
receive  2-year  passports  valid  for  travel  only.  Following  Jordan's  administrative  and 
legal  disengagement  from  the  West  Bank  in  1988,  Palestinians  residing  in  the  West 
Bank  received  2-year  passports  valid  for  travel  only,  instead  of  the  5-year  Jordanian 
passports  they  had  received  previously.  In  October  1995,  King  Hussein  announced 
that  West  Bank  residents  without  other  travel  documentation  would  again  be  eligi- 
ble to  receive  5-year  Jordanian  passports.  However,  the  Government  nas  stressed 
that  these  passports  are  for  travel  only  and  do  not  connote  citizenship.  All  Palestin- 
ians must  obtain  permits  from  the  Ministry  of  the  Interior  for  travel  between  Jor- 
dan and  the  Israeli-occupied  territories.  Such  permission  is  routinely  granted. 

The  Constitution  prohibits  the  deportation  of  citizens;  the  Government  respects 
this  prohibition. 

The  Government  generally  cooperates  with  the  office  of  the  U.N.  High  Commis- 
sioner for  Refugees  (UNHCR)  ana  other  humanitarian  organizations  in  assisting  ref- 


1498 

ugees.  The  Government  provides  for  first  asylum.  Since  1991  thousands  of  Iraqis 
have  sought  asylum  in  Jordan  and  been  given  assistance  by  the  UNHCR.  There 
were  two  reports  of  forced  expulsion  of  Iraqis  to  Iraq.  The  Government  forcibly  de- 
ported Iraqi  national  Adnan  Karam  Tu'ma  to  Iraq  on  March  25  despite  his  plea  that 
he  be  granted  temporary  political  asylum  based  on  his  claim  that  he  was  a  member 
of  the  Iraqi  opposition.  In  the  second  instance,  the  Jordanian  chapter  of  the  Arab 
Organization  for  Human  Rights  (AOHR)  alleged  that  Iraqi  national  and  opposition 
figure  Samir  Al-Sa'di  was  detained  and  then  deported  to  Iraq  by  security  services 
in  June  without  having  had  the  chance  to  file  for  refugee  status  with  the  UNHCR. 
Over  1.35  million  Palestinian  refugees  are  registered  in  Jordan  with  the  United 
Nations  Relief  and  Works  Agency.  The  Agency  counts  another  800,000  Palestinians 
as  either  displaced  persons  from  the  1967  War,  arrivals  following  the  1967  War,  or 
returnees  from  the  Gulf. 

Section  3.  Respect  For  Political  Rights:  The  Right  Of  Citizens  To  Change  Their  Gov- 
ernment 

Citizens  do  not  have  the  ability  to  change  their  system  of  government.  The  King 
has  sole  discretionary  authority  to  appoint  and  dismiss  the  Prime  Minister  and  the 
Cabinet,  to  dissolve  Parliament,  and  to  establish  public  policy.  Appointments  made 
by  the  King  to  high  government  posts  do  not  require  legislative  approval.  Executive 
power  is  vested  in  the  King,  who  exercises  his  powers  through  his  ministers  in  ac- 
cordance with  the  provisions  of  the  Constitution. 

The  Parliament  is  composed  of  a  40-member  Senate  appointed  by  the  King  and 
a  popularly  elected  80-member  Chamber  of  Deputies.  The  Parliament  is  empowered 
by  the  Constitution  to  approve,  reject,  and  amend  legislation  proposed  by  the  Cabi- 
net. A  group  of  10  senators  or  deputies  may  submit  draft  bills  for  consideration, 
however,  in  practice.  Members  of  Parliament  ask  the  Government  to  initiate  legisla- 
tion for  consideration.  Opposition  members  of  Parliament  have  complained  that  at- 
tempts by  members  of  the  lower  house  to  initiate  legislation  receive  no  response 
from  the  Gk)vemment.  The  King  proposes  and  dismisses  extraordinary  sessions  of 
Parliament  and  may  postpone  regular  sessions  up  to  60  days.  By  law,  if  the  Govern- 
ment amends  or  enacts  a  law  when  Parliament  is  not  in  session,  it  must  submit 
the  law  to  Parliament  for  consideration  during  the  next  session.  However,  this  does 
not  always  occur. 

The  Electoral  Law  and  the  distribution  of  parliamentary  seats  deliberately  favor 
regions  with  populations  known  for  their  traditional,  pro-Hashemite  views,  i.e., 
rural  and  southern  Jordan. 

Over  500  candidates  competed  in  the  October  parliamentary  elections,  despite  a 
boycott  by  Islamist  and  other  parties.  There  were  many  reports  of  registration  irreg- 
ularities and  fraud  on  the  part  of  candidates.  Restrictions  on  the  press  and  on  cam- 
paign materials  also  had  a  negative  effect  on  the  campaign,  which  elicited  much  de- 
bate over  the  fairness  of  the  Electoral  Law  and  its  implementation.  Voter  turnout 
was  significantly  lower  in  most  urban  areas  than  in  rural  areas.  Centrist  candidates 
with  ties  to  major  tribes  dominate  the  new  Parliament. 

The  so-called  one-man,  one-vote  amendment  to  the  Electoral  Law  was  ratified  by 
Parliament  in  January,  nearly  4  years  after  it  was  first  promulgated  by  royal  de- 
cree. The  amendment  allows  voters  to  choose  only  one  candidate  in  multiple-seat 
districts.  In  the  largely  tribal  society,  citizens  tend  to  cast  their  first  vote  for  family 
members,  and  any  additional  votes  in  accordance  with  their  political  leanings. 
Hence,  the  amendment  limits  the  chances  of  some  non-tribal  candidates,  including 
women,  to  be  elected. 

Women  have  the  right  to  vote,  and  women's  groups  encourage  women  to  vote  and 
to  become  active  in  the  political  process.  There  is  one  woman  in  the  cabinet.  She 
and  two  other  women  were  appointed  to  the  Senate.  Fifteen  women  were  elected 
to  municipal  posts  in  1997,  bringing  the  total  number  of  women  in  such  posts  to 
28,  including  one  as  mayor  of  Khirbet  Al  Wahadneh,  near  Ajloun.  None  of  the  17 
female  candidates  won  seats  in  the  October  parliamentary  elections. 

Of  the  80  seats  in  the  lower  chamber,  9  are  reserved  for  Christians,  6  for  Bed- 
ouins, and  3  for  the  Circassian  or  Chechen  ethnic  minorities. 

The  Palestinian  community,  estimated  to  be  slightly  over  one-half  the  total  popu- 
lation, is  not  represented  proportinately  in  the  Government.  Only  7  of  24  ministers, 
6  of  40  senators,  and  11  of  80  lower  house  deputies  are  of  Palestinian  origin.  The 
electoral  system  gives  greater  representation  to  areas  that  have  few  inhabitants  of 
Palestinian  origin. 


1499 

Section  4.  Governmental  Attitude  Regarding  International  And  Nongovernmental  In- 
vestigation Of  Alleged  Violations  Of  Human  Rights 

Local  and  international  human  rights  groups  investigate  allegations  of  human 
rights  abuses  and  publish  and  disseminate  findings  critical  of  government  policy. 
However,  the  Press  and  Publications  Law  restricts  the  publication  of  information 
about  the  military  and  security  services,  which,  in  effect,  prevents  the  publication 
by  local  groups  oi  reports  alleging  torture  and  other  abuses  committed  by  the  secu- 
rity services. 

The  ICRC  is  permitted  to  visit  prisoners  and  assess  the  condition  of  security  de- 
tainees, including  those  held  by  the  General  Intelligence  Directorate. 

The  local  chapter  of  the  Arab  Organization  for  Human  Rights  and  the  Jordanian 
Human  Ridits  Society  (JHRS)  are  registered  with  the  Government.  The  AOHR  has 
drawn  public  attention  to  alleged  human  rights  abuses  and  has  pressed  the  Govern- 
ment to  bring  charces  against  political  detainees  or  to  release  them  promptly.  In 
February  the  AOHK  released  its  annual  report  detailing  human  rights  abuses  in 
1996.  The  Minister  of  Information  called  it  "more  of  a  political  statement  than  a  fac- 
tual, realistic,  and  objective  report."  The  JHRS  was  licensed  in  November  1996.  It 
released  a  statement  in  May  calling  on  the  Government  to  expand  the  freedom  of 
the  press. 

In  June  Human  Rights  Watch/Middle  East  issued  a  report  on  the  amendments 
to  the  Press  and  Publications  Law  entitled,  A  Death  Knell  for  Free  Expression?.  The 
report  was  covered  in  the  Arabic  and  English  press. 

Section  5.  Discrimination  Based  On  Race,  Sex,  Religion,  Disability,  Language,  Or 
Social  Status 

Although  the  law  does  not  distinguish  between  citizens  on  the  basis  of  race, 
women  and  minorities  are  treated  dinerently  under  the  law  and  may  face  discrimi- 
nation in  employment,  housing,  and  other  areas. 

Women. — Violence  against  women  over  the  age  of  15  is  common.  Reported  inci- 
dents of  violence  against  women  do  not  reflect  the  full  extent  of  the  problem.  Medi- 
cal experts  acknowledge  that  spouse  abuse  occurs  frequently.  However,  cultural 
norms  discourage  victims  from  seeking  medical  or  legal  help  and  frustrate  an  objec- 
tive assessment  of  the  extent  of  such  abuse. 

Abused  women  have  the  right  to  file  a  complaint  in  court  against  their  spouses 
for  physical  abuse,  but  in  practice,  familial  and  societal  pressures  discourage  them 
from  seeking  legal  remedies.  Marital  rape  is  legal.  Nongovernmental  organizations 
(NGO's)  such  as  the  Jordanian  Women's  Union  s,  which  has  a  hot-line  for  victims 
of  domestic  violence,  provide  assistance  in  such  matters.  Wife  beating  is  technically 
grounds  for  divorce,  but  the  husband  may  seek  to  demonstrate  that  he  has  authority 
from  the  Koran  to  correct  an  irreligious  or  disobedient  wife  by  striking  her. 

The  Criminal  Code  allows  leniency  for  a  person  found  guilty  of  committing  a 
"crime  of  honor,"  a  euphemism  that  refers  to  a  violent  assault  against  a  female  by 
a  male  relative  for  alleged  sexual  misconduct.  Law  enforcement  treatment  of  men 
accused  of  "honor  crimes"  reflects  widespread  unwillingness  to  condemn  or  take  ac- 
tion against  the  problem.  The  press  reported  24  such  cases  in  1997.  However,  these 
figures  likely  understate  the  actual  number  of  cases,  as  most  "crimes  of  honor"  are 
not  reported  by  the  press.  The  actual  number  of  "honor  crimes"  is  believed  by  a  local 
expert  to  be  4  times  as  high.  The  pxjlice  regularly  imprison  women  who  are  liable 
to  Decome  victims  of  "honor  crimes"  "for  their  own  protection." 

According  to  the  law,  a  "crime  of  honor"  defense  may  be  invoked  only  by  the  de- 
fendant who  "surprises  his  wife  or  any  close  female  relative"  in  the  act  of  adultery 
or  fornication,  in  which  case  the  male  perpetrator  of  the  "honor  crime"  is  not  guilty 
of  murder.  Though  few  defendants  can  meet  the  stringent  requirements  for  a  "crime 
of  honor"  defense,  which  require  that  the  defendant  must  personally  have  witnessed 
the  female  victim  engaging  in  sexual  intercourse,  they  are  not  tried  for  murder  and 
convicted  offenders  rarely  spend  more  than  2  years  in  prison.  In  contrast  to  "honor 
crimes,"  the  maximum  penalty  for  first-degree  murder  is  death,  and  the  maximum 
penalty  for  second  degree  murder  is  15  years.  More  commonly,  such  defenses  rely 
on  the  male  relative  having  acted  in  the  heat  of  passion  upon  hearing  of  a  female 
relative's  alleged  sexual  transgression,  usually  without  any  investigation  on  the  part 
of  the  assailant  to  determine  the  veracity  of  the  allegation  before  committing  an  act 
of  violence,  and  murdering  his  wife,  sister,  niece,  or  cousin.  Women  may  not  invoke 
this  defense  for  murdering  a  male  relative  under  the  same  circumstances;  nor  may 
they  use  it  for  killing  men  who  attempt  to  rape,  sexually  harass,  or  otherwise 
threaten  their  "honor.' 

In  May  a  man  who  killed  his  sister  invoked  an  "honor  crime"  defense  and  received 
a  3-month  sentence.  In  contrast,  two  women,  Amira  Salem  and  Eidah  Hussein,  who 
killed  Salem's  husband  for  physically  and  emotionally  abusing  her,  were  sentenced 


1500 

to  death  and  hanged.  In  January  a  man  was  sentenced  to  12  years  imprisonment 
for  killing  a  man  who  had  harassed  and  made  unwanted  sexual  advances  toward 
his  sister  over  a  long  period  of  time. 

Women  experience  legal  discrimination  in  matters  of  pension  and  social  security 
benefits,  inheritance,  divorce,  and  the  value  of  testimony  in  court  (see  Section  I.e.). 
The  Government  provides  men  with  more  generous  social  security  benefits  than 
women.  The  Government  continues  pension  payments  of  a  deceased  male  civil  serv- 
ant to  his  heirs  but  discontinues  payments  of  a  deceased  female  civil  servant. 

Under  Shari'a,  female  heirs  receive  half  the  amount  of  a  male  heir's  inheritance, 
and  the  non-Muslim  widows  of  Muslim  spouses  have  no  inheritance  rights.  A  sole 
female  heir  receives  half  her  parents'  estate;  the  balance  goes  to  designated  male 
relatives.  A  sole  male  heir  innerits  all  his  parents'  property.  Male  Aluslim  heirs 
have  the  duty  to  provide  for  all  family  menribers  who  need  assistance.  Shari'a  re- 
gards the  testimony  of  two  women  to  be  equal  to  the  testimony  of  one  man.  This 
technically  applies  only  in  religious  courts  but  in  the  past  has  been  imposed  in  civil 
courts  as  well,  irrespective  of  religion.  Under  Shari'a,  men  are  able  to  divorce  their 
spouses  more  easily  than  women.  Marriage  and  divorce  matters  for  Christians  are 
adjudicated  by  special  courts  for  each  denomination.  The  Government  bans  married 
women  from  applying  for  diplomatic  posts.  There  are  two  female  judges. 

The  law  requires  a  married  woman  to  obtain  her  husband's  permission  to  obtain 
a  passport  (see  Section  2.d.).  Married  women  do  not  have  the  legal  right  to  transmit 
Jordanian  citizenship  to  their  children.  They  may  obtain  citizenship  for  their  non- 
Jordanian  husbands  who  may  then  confer  citizenship  on  the  children.  However,  in 
practice,  such  an  application  can  take  years,  and  in  many  cases  citizenship  may  still 
ultimately  be  denied  to  both  husband  and  children.  Civil  law  grants  women  equal 
pay  for  equal  work,  but  in  practice  this  law  is  often  ignored. 

Social  pressures  discourage  many  women  from  pursuing  careers.  Nonetheless, 
women  have  employment  opportunities  in  many  professions,  including  engineering, 
medicine,  education,  and  the  law.  Women  constitute  approximately  14  percent  of  the 
work  force.  Women's  groups  stress  that  the  problem  of  discrimination  is  not  only 
one  of  law  but  also  of  women's  lack  of  awareness  of  their  rights  or  unwillingness 
to  assert  those  rights.  The  United  Nations  Food  and  Agricultural  Organization  re- 

{)orted  in  1995  that  women  who  work  in  agriculture  average  15-hour  days  and  earn 
ess  than  men.  The  Jordanian  chapter  of  the  Business  and  Professional  Women's 
Club  gives  seminars  on  women's  rights  and  assists  women  in  establishing  small 
businesses.  Members  of  the  royal  mmily  work  actively  to  improve  the  status  of 
women. 

Children. — The  (jovemment  is  committed  to  children's  rights  and  welfare  in  the 
areas  of  education  and  health.  However,  government  efforts  in  these  areas  are  con- 
strained by  limited  financial  resources.  Education  is  compulsory  to  age  15.  The  chil- 
dren of  Iraqi  citizens  living  in  Jordan  without  residence  permits  are  not  permitted 
to  attend  school. 

The  Government  safeguards  some  children's  rights,  especially  regarding  child 
labor.  Although  the  law  prohibits  children  under  the  age  of  16  from  working,  child 
peddlers  work  the  streets  of  Amman.  The  Ministry  of  Social  Development  has  a 
committee  to  address  the  problem  and  in  most  cases  removes  the  children  from  the 
streets,  returns  them  to  tneir  families  or  to  juvenile  centers,  and  may  provide  the 
families  with  a  monthly  stipend.  However,  the  children  often  return  to  the  streets. 
The  law  prohibits  corporal  punishment  in  schools. 

Although  the  problem  is  difiicult  to  quantify,  social  workers  believe  that  there  is 
a  significant  incidence  of  child  abuse  in  families.  The  law  specifies  punishment  for 
specific  abuses  against  children.  Social  workers  believe  that  the  incidence  of  sexual 
crimes  is  significantly  higher  than  reported.  Rape  or  sodomy  of  a  child  under  15 
years  of  age  carries  the  death  penalty. 

Illegitimate  children  are  entitled  to  the  same  rights  under  the  law  as  legitimate 
children.  In  practice,  however,  they  sufler  severe  discrimination  in  a  society  that 
does  not  tolerate  adultery.  Most  illegitimate  children  become  wards  of  the  state  or 
manage  a  meager  existence  on  the  fringes  of  society.  In  either  case,  their  prospects 
for  marriage  and  other  than  menial  employment  are  extremely  limited. 

People  With  Disabilities. — High  unemployment  in  the  general  population  restricts 
job  opportunities  for  the  disabled,  estimated  by  the  Ministry  of  Social  Development 
to  number  100,000.  Eighty  percent  of  disabled  citizens  receive  monetary  assistance 
from  the  Government.  The  Government  passed  legislation  in  1993  requiring  future 
public  buildings  to  accommodate  the  needs  of  the  disabled  and  the  retrofitting  of  ex- 
isting public  buildings,  but  implementation  has  been  slow.  Since  1993  the  Special 
Education  Department  of  the  Ministry  of  Social  Development  has  enrolled  approxi- 
mately 10,000  mentally  and  physically  disabled  persons  in  public  and  private  sector 
training  courses.  It  has  placed  approximately  400  disabled  persons  in  public  and  pri- 


1501 

vate  sector  jobs.  The  law  requires  that  2  percent  of  the  available  jobs  be  reserved 
for  the  physically  disabled.  Private  organizations  and  members  of  the  royal  family 
actively  promote  programs  to  protect  and  promote  the  interests  of  the  disabled.  Jor- 
dan participates  in  the  Special  Olympics  with  the  active  encouragement  of  the  royal 
family. 

Indigenous  People. — The  country's  indigenous  people,  nomadic  Bedouin  and  East 
Bank  town  dwellers,  have  traditionally  been  the  backbone  of  popular  support  for  the 
Hashemite  monarchy.  As  a  result,  they  have  generally  enjoyed  considerable  influ- 
ence within  the  political  system.  Thev  are  disproportionately  represented  in  senior 
military,  security,  and  civil  service  jobs.  Nevertheless,  the  Bedouin  face  some  social 
and  economic  discrimination. 

Religious  Minorities. — In  general  Christians  do  not  suffer  discrimination.  Chris- 
tians hold  government  positions  and  are  represented  in  the  media  and  academia  ap- 
proximately in  proportion  to  their  presence  in  the  general  population,  which  is  esti- 
mated at  6  percent.  Baha'is  face  some  societal  as  well  as  official  discrimination. 
Christian  and  Baha'i  children  in  public  schools  are  not  required  to  participate  in  Is- 
lamic religious  instruction. 

National  / Racial  / Ethnic  Minorities. — The  Government  granted  citizenship  to  all 
Palestinians  who  fled  to  Jordan  in  the  period  after  the  1948  Arab-Israeli  war  and 
to  a  large  number  of  refugees  and  displaced  persons  who  arrived  as  a  result  of  the 
1967  War.  However,  most  refugees  who  fled  Gaza  after  1967  are  not  entitled  to  citi- 
zenship and  are  issued  2-year  passports  valid  for  travel  only.  Following  Jordan's  ad- 
ministrative and  legal  disengagement  from  the  West  Bank  in  1988,  Palestinians  re- 
siding in  the  West  Bank  received  2-year  passports  valid  for  travel  only,  rather  than 
the  5-year  Jordanian  passports  they  had  received  previously.  In  October  1995,  King 
Hussein  announced  that  West  Bank  residents  without  other  travel  documentation 
would  again  be  eligible  to  receive  5-year  Jordanian  passports.  The  Government  has 
stressed,  however,  that  these  passports  are  for  travel  only  and  do  not  connote  citi- 
zenship (see  Section  2.d.)  Palestinians  residing  in  Jordan  suffer  discrimination  in 
appointments  to  positions  in  the  Government  and  the  military,  and  in  the  awarding 
oi  university  scholarships. 

Section  6.  Worker  Rights 

a.  The  Right  Of  Association. — Workers  in  the  private  sector  and  in  some  state- 
owned  companies  have  the  right  to  establish  and  join  unions.  Unions  must  be  reg- 
istered to  be  considered  legal.  The  law  prohibits  union  membership  for  non-citizens. 
Over  30  percent  of  the  work  force  is  organized  into  17  unions.  Although  union  mem- 
bership in  the  General  Federation  of  Jordanian  Trade  Unions  (GFJTU),  the  sole 
trade  federation,  is  not  mandatory,  all  unions  belong  to  it.  The  Government  sub- 
sidizes and  audits  the  GFJTU's  salaries  and  activities.  Union  officials  are  elected 
by  secret  ballot  to  4-year  terms.  Although  the  Government  cosponsors  and  approves 
the  timing  of  these  elections,  it  does  not  interfere  in  the  choice  of  candidates. 

Labor  laws  mandate  that  workers  must  obtain  permission  from  the  Government 
in  order  to  strike.  Unions  generally  do  not  seek  approval  for  a  strike,  but  workers 
use  the  threat  of  a  strike  or  wildcat  action  as  a  negotiating  tactic.  Strikes  are  pro- 
hibited if  a  labor  dispute  is  under  mediation  or  arbitration.  If  a  settlement  is  not 
reached  through  mediation,  the  Ministry  of  Labor  may  refer  the  dispute  to  an  indus- 
trial tribunal  by  agreement  of  both  parties.  If  only  one  party  agrees,  the  Ministry 
of  Labor  refers  the  dispute  to  the  Council  of  Ministers  and  then  to  Parliament.  The 
tribunal  is  an  independent  arbitration  panel  of  judges  appointed  by  the  Ministry  of 
Labor.  The  decisions  of  the  panel  are  legally  binding.  Latx)r  law  prohibits  employers 
from  dismissing  a  worker  during  a  labor  dispute.  TTiere  were  no  reported  strikes  in 
1997. 

The  GFJTU  belongs  to  the  Arab  Labor  Organization,  the  International  Confed- 
eration of  Arab  Trade  Unions,  and  to  the  International  Confederation  of  Free  Trade 
Unions  (ICFTU). 

b.  The  Right  To  Organize  And  Bargain  Collectively. — Unions  have,  and  exercise, 
the  right  to  bargain  collectively,  the  Constitution  prohibits  antiunion  discrimination, 
but  the  ICFTU  claims  that  the  Government  does  not  adequately  protect  employees 
from  antiunion  discrimination  and  that  the  Government  has  dismissed  public-sector 
employees  for  political  reasons.  Workers  may  lodge  complaints  of  anti-union  dis- 
crimination with  the  Ministry  of  Labor,  which  is  authorized  to  order  the  reinstate- 
ment of  employees  discharged  for  union  activities.  There  were  no  complaints  of 
antiunion  discrimination  lodged  with  the  Ministry  of  Labor  in  1997. 

The  national  labor  laws  apply  in  the  free  trade  zones  in  Aqaba  and  Zarqa.  Private 
sector  employees  in  these  zones  belong  to  one  national  union  that  covers  both  zones 
and  have  the  right  to  bargain  collectively. 


1502 

c.  Prohibition  Of  Forced  Or  Compulsory  Labor. — The  Constitution  forbids  compul- 
sory labor,  except  in  a  state  of  emergency  such  as  war  or  natural  disaster.  Compul- 
sory labor  is  not  practiced.  The  law  does  not  specifically  prohibit  forced  or  compul- 
sory labor  by  children,  but  such  practices  are  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Labor  law 
forbids  children  under  the  age  of  16  from  working  except  as  apprentices.  At  age  13 
children  may  begin  part-time  training  for  up  to  6  hours  a  day,  with  night  work  pro- 
hibited. Ministry  of  Labor  inspectors  attempt  to  enforce  the  law  on  child  labor,  but 
in  practice  enforcement  often  does  not  extend  to  some  small  family  businesses  that 
employ  underage  children.  Education  is  compulsory  to  age  15.  Families  in  remote 
areas  frequently  keep  some  school-age  children  at  home  to  work.  Child  peddlers 
work  on  the  streets  of  Amman  (see  Section  5).  The  law  does  not  specifically  prohibit 
forced  or  compulsory  labor  by  children,  but  such  practices  are  not  known  to  occur 
(see  Section  6.c.). 

e.  Acceptable  Conditions  Of  Work. — There  is  no  national  minimum  wage.  The  Gov- 
ernment periodically  adjusts  a  minimum  wage  schedule  for  various  trades,  based  on 
the  recommendations  of  an  advisory  panel  representing  workers,  employers,  and  the 
Government.  The  lowest  minimum  wage  rate  on  the  schedule  is  about  $112  (80  di- 
nars) a  month,  including  allowances.  Workers  earning  the  lowest  wage  find  it  dif- 
ficult to  provide  a  decent  living  for  their  families.  The  Government  estimates  the 
poverty  level  at  a  monthly  wage  of  about  $91  (65  dinars)  per  month  for  a  family 
of  three.  A  study  conducted  by  the  Ministry  of  Social  Development  found  that 
150,000  families,  or  21  percent  of  citizens,  live  at  or  below  the  poverty  level.  Nine 
percent  live  in  "abject"  poverty.  The  Government  provides  assistance  to  33,000  indi- 
gent families. 

The  law  prohibits  most  workers  from  working  more  than  the  customary  48  hours 
a  week,  ana  54  hours  for  hotel,  restaurant,  and  cinema  employees.  Workers  may  not 
work  more  than  16  hours  in  any  continuous  period  or  more  that  60  hours  of  over- 
time per  month.  Employees  are  entitled  to  1  day  off  each  week. 

The  law  does  not  apply  to  domestic  servants,  who  do  not  have  a  legal  forum  to 
address  their  labor  grievances  and  have  no  standing  to  sue  in  court  for  nonpayment 
of  wages.  Abuse  of  domestic  servants,  most  of  whom  are  foreign,  is  widespread.  Im- 
prisonment of  maids  and  illegal  confiscation  of  travel  documents  by  employers  is 
common.  Complaints  of  beatings,  underfeeding,  and  rape  generally  are  not  reported 
to  officials  by  victims,  who  fear  losing  their  work  permits  and  being  sent  back  to 
their  nation  of  origin  should  they  file  a  complaint.  Domestic  servants  are  generally 
not  given  a  day  off. 

The  law  specifies  a  number  of  health  and  safety  requirements  for  workers,  includ- 
ing the  presence  of  bathrooms,  drinking  water,  and  first  aid  equipment  at  work 
sites.  The  Ministry  of  Labor  makes  an  effort  to  enforce  health  and  safety  require- 
ments but  is  hampered  by  the  lack  of  qualified  inspectors.  The  inspectors  do  not 
have  the  power  to  order  firms  to  comply  with  health  and  safety  standards.  The  law 
does  not  require  employers  to  report  industrial  accidents  or  occupational  diseases 
to  the  Ministry  of  Labor.  Workers  do  not  have  a  statutory  right  to  remove  them- 
selves from  hazardous  conditions  without  risking  the  loss  oi  their  jobs. 


KUWAIT 

Amirs,  or  princes,  from  the  Al-Sabah  family  have  ruled  Kuwait  in  consultation 
with  prominent  community  figures  for  over  200  years.  The  Constitution,  adopted  in 
1962  shortly  after  independence,  provides  for  an  elected  National  Assembly  and 
enumerates  the  powers  of  the  (jovernment  and  the  rights  of  citizens.  It  also  permits 
the  Amir  to  suspend  its  articles  during  periods  of  martial  law.  The  Amir  twice  sus- 
pended constitutional  provisions  from  1976  to  1981  and  from  1986  to  1992  and  ruled 
extraconstitutionally  auring  these  periods.  Kuwait  was  occupied  by  Iraq  from  Au- 
gust 1990  to  February  1991,  when  Iraqi  forces  were  expelled  oy  an  international  co- 
alition. The  National  Assembly  resumed  functioning  after  the  1992  elections.  Na- 
tional Assembly  elections  were  held  again  in  1996.  Legislation  passed  in  1996  grant- 
ed the  judiciary  greater  administrative  and  financial  independence,  but  the  Amir 
appoints  all  judges,  and  renewal  of  many  judicial  appointments  as  subject  to  govern- 
ment approval. 

The  Ministry  of  Interior  supervises  the  security  apparatus,  including  the  Criminal 
Investigation  Department  (CID)  and  Kuwait  State  Security  (KSS),  two  agencies 
that,  in  addition  to  the  regular  police,  investigate  internal  security-related  onenses. 
Some  members  of  the  security  forces  committed  human  rights  abuses. 


1503 

Richly  endowed  with  oil,  in  1997  the  country's  estimated  gross  domestic  product 
(GDP)  18  approximately  $17,667  per  capita.  The  decline  in  per  capita  GDP  from  pre- 
vious years  reflects  a  si^ificant  increase  in  resident  foreign  workers  rather  than 
a  dechne  in  economic  activity.  Costly  reconstruction  undertaken  to  recover  from  the 
destruction  caused  by  the  Iraqi  occupation  led  the  Government  to  incur  a  cumu- 
lative fiscal  deficit  of  approximately  $70  billion,  which  it  covered  by  liquidating  gov- 
ernment-owned foreign  assets  and  increasing  the  public  debt.  The  Grovemment  is 
gradually  reducing  the  deficit  and  plans  to  eliminate  it  by  2000.  Due  to  high  oil  rev- 
enues in  1997,  Kuwait  recorded  a  $1.3  billion  budget  surplus.  Despite  its  emphasis 
on  an  open  market,  the  Government  continues  to  dominate  the  local  economy 
through  direct  expenditures  and  government-owned  companies  and  equities.  The 
Government  has  initiated  a  program  of  disposing  of  its  holdings  of  stock  in  private 
companies.  According  to  government  statistics,  92  percent  of  the  indigenous  work 
force  is  employed  by  the  Government.  Expatriates  constitute  94  f>ercent  of  the  pri- 
vate sector  work  force. 

The  Government's  human  rights  record  improved  somewhat,  although  serious 
problems  remain  in  certain  areas.  Citizens  cannot  change  their  head  of  state.  Police 
abuse  detainees  during  interrogation.  The  Government  Dans  formal  political  parties 
and  women  do  not  have  the  right  to  vote  or  seek  election  to  the  National  Assembly. 
The  Government  restricts  freedom  of  assembly  and  association,  and  places  some 
limits  on  freedom  of  religion.  Journalists  practice  self-censorship,  and  the  Govern- 
ment uses  informal  censorship.  The  Government  prevents  the  return  to  Kuwait  of 
stateless  persons  who  have  strong  ties  to  the  country.  Deportation  orders  may  be 
issued  by  administrative  order,  and  hundreds  of  people  are  being  held  in  detention 
facilities  pending  deportation.  Many  have  been  held  for  up  to  6  years.  Discrimina- 
tion and  violence  against  women  are  problems.  Domestic  servants  are  not  protected 
by  labor  law,  and  unskilled  foreign  workers  suffer  from  a  lack  of  a  minimum  wage 
in  the  private  sector,  and  from  failures  to  enforce  labor  law. 

Although  the  Government  has  not  found  a  solution  to  the  human  rights  problems 
of  the  approximately  114,000  stateless  people  residing  in  Kuwait  known  as  the 
"bidoon",  the  Government  naturalized  a  small  fraction  of  the  bidoon,  and  made  a 
proposal  to  consider  the  naturalization  of  approximately  10  percent  of  the  bidoon 
population.  The  Amir  commuted  the  sentences  of  12  individuals  who  were  convicted 
of  security  offenses  in  1991  by  Martial  Law  and  State  Security  courts. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

There  were  no  developments  in  the  investigations  into  the  extra-  judicial  killings 
that  occurred  during  the  chaotic  period  afler  Kuwait's  liberation  in  February  1991. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
There  nave  been  no  developments  since  1994  in  the  cases  of  disappearance  that 

occurred  following  Kuwait's  liberation  in  1991. 

According  to  the  International  Committee  of  the  Red  Cross  (ICRC),  Iraqi  authori- 
ties have  not  yet  accounted  for  598  Kuwaitis  and  residents  of  Kuwait,  including  6 
women,  who  disappeared  during  Iraq's  occupation  of  Kuwait.  The  Government  of 
Iraq  has  refused  to  comply  with  U.N.  Security  Council  Resolution  687,  which  stipu- 
lates the  release  of  the  detainees.  Iraq  denies  that  it  holds  Kuwaiti  detainees. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  prohibits  torture;  however,  tnere  continue  to  be  credible  reports 
that  some  police  and  members  of  the  security  forces  abuse  detainees  during  interro- 

ffation.  Reported  abuse  includes  blindfoldings,  verbal  threats,  slaps,  and  blows.  Po- 
ice  and  security  forces  were  more  likely  to  inflict  such  abuse  on  non-Kuwaitis,  par- 
ticularly citizens  of  other  non-Gulf  Arab  nations  and  Asians,  than  on  citizens.  There 
were  credible  reports  of  more  serious  abuse,  including  beatings,  of  several  persons 
held  in  custody,  although  these  appear  to  be  isolated  incidents. 

The  Government  says  that  it  investigates  all  allegations  of  abuse  and  that  it  has 
punished  at  least  some  of  the  offenders.  However,  the  Government  does  not  make 

¥ublic  the  findings  of  its  investigations  or  what,  if  any,  punishments  are  imposed, 
his  omission  creates  a  climate  of  impunity,  which  diminishes  deterrence  against 
abuse. 

Defendants  have  the  ri^t  to  present  evidence  in  court  that  they  have  been  mis- 
treated during  interrogation.  However,  the  courts  frequently  dismiss  abuse  com- 
plaints because  defendants  are  often  unable  to  substantiate  their  complaints  with 
physical  evidence.  Members  of  the  security  forces  routinely  do  not  reveal  their  iden- 
tity during  interrogation,  a  practice  that  further  complicates  confirmation  of  abuse. 


1504 

Prison  conditions,  including  conditions  for  those  held  for  security  offenses,  meet 
minimum  international  stanaards,  in  terms  of  food,  access  to  basic  health  care, 
scheduled  family  visits,  cleanliness,  and  opportunities  for  work  and  exercise.  Con- 
tinuing problems  include  overcrowding  and  the  availability  of  specialized  medical 
care.  In  addition,  some  minor  children  of  female  prisoners  stay  in  the  prison  with 
their  mothers,  where  they  are  provided  some  access  to  educational  instruction.  In 
January  the  Government  acted  to  improve  prison  conditions  by  removing  contra- 
band in  the  form  of  illegal  drugs  and  weapons  from  the  prison  population  £md  by 
removing  prison  officials  who  were  implicated  in  drug  smuggling.  Some  Jordanian 
prisoners  alleged  that  they  had  been  abused  during  a  January  search  and  seizure 
ojjeration.  Investigations  of  the  incident  by  local  and  international  humanitarian  or- 
ganizations suggested  that  it  was  an  isolated  event,  that  the  Jordanians  were  not 
specifically  targeted,  and  that  it  did  not  characterize  overall  prison  conditions. 

The  National  Assembly's  Human  Rights  Committee  continues  to  monitor  prison 
conditions,  and  the  Government  allows  the  ICRC  access  to  all  detention  faalities. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  provides  for  freedom 
from  arbitrary  arrest  and  detention.  There  were  no  reports  of  arbitrary  arrest  dur- 
ing the  year. 

Police  officers  must  obtain  an  arrest  warrant  from  state  prosecutors  before  mak- 
ing an  arrest,  although  in  misdemeanor  cases  the  arresting  ofiicer  may  issue  them. 
Security  forces  occasionally  detain  persons  at  checkpoints  in  Kuwait  City  (see  Sec- 
tion 2.d.). 

Under  the  Penal  Code,  a  suspect  may  not  be  held  more  than  4  days  without 
charge.  Security  officers  sometimes  prevent  families  from  visiting  detainees  during 
this  confinement.  After  4  days,  prosecutors  must  either  release  the  suspect  or  file 
charges.  If  charges  are  filed,  prosecutors  may  remand  a  suspect  to  an  additional  21 
days  in  detention.  Prosecutors  may  also  obtain  court  orders  for  further  detention 
pending  trial. 

Approximately  1,800  persons  are  serving  sentences  or  pending  trial  at  the  central 
prison.  Of  the  1,800,  approximately  200  are  being  held  in  the  cential  prison  on  secu- 
rity-related grounds.  At  any  given  time,  an  additional  600  prisoners  are  being  held 
in  the  Talha  detention  facility  pending  deportation.  Many  deportation  orders  are  is- 
sued administratively,  without  benefit  of  a  trial.  The  Government  may  expel  nonciti- 
zens  (including  "bidoon",  i.e.,  stateless  residents  of  Kuwait,  some  oi  whom  are  na- 
tive-bom or  long-term  residents),  if  it  considers  them  security  risks.  The  Govern- 
ment may  also  expel  foreigners  if  they  are  unable  to  obtain  or  renew  work  or  resi- 
dency permits.  About  10  percent  of  the  detainees  awaiting  deportation,  especially 
Iraqis,  stateless  Palestinians,  Jordanians,  and  bidoon,  have  been  in  detention  for 
more  than  1  year,  some  for  up  to  6  years.  However,  the  Government  does  not  deport 
such  detainees  to  their  country  of  origin  against  their  will.  The  Government  began 
granting  bail,  upon  the  sponsorship  of  a  citizen,  to  prisoners  held  on  non-security 
related  charges  at  Talha  deportation  center.  The  Government  also  improved  health 
and  nutritional  standards  at  the  center.  In  November  the  Government  implemented 
an  amnesty  program  that  allowed  illegal  residents,  if  they  had  no  previous  charges 
pending,  to  depart  the  country  without  penalty  through  December  16  (see  Section 
2.d.). 

The  law  protects  citizens  from  exile,  and  there  are  no  reports  of  this  practice. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  states  that  '^judges  shall  not  be 
subject  to  any  authority,"  and  legislation  passed  in  1996  granted  the  judiciary  great- 
er administrative  and  financial  independence.  However,  the  Amir  appoints  all 
judges,  and  renewal  of  many  judicial  appointments  is  subject  to  government  ap- 
proval. 

Judges  who  are  citizens  have  lifetime  appointments,  but  the  (jovernment  also  em- 
ploys many  non-citizens  as  judges.  These  non-Kuwaiti  judges  work  under  1-  to  3- 
year  renewable  contracts,  which  undermines  their  independence.  The  Ministry  of 
Justice  may  remove  judges  for  cause,  but  rarely  does  so.  Foreign  residents  involved 
in  legal  disputes  with  citizens  frequently  complain  that  the  courts  show  a  pro-Ku- 
waiti bias. 

One  court  system  tries  both  civil  and  criminal  cases.  The  Court  of  Cassation  is 
the  hi^est  level  of  judicial  appeal.  Sunni  and  Shi'a  Muslims  have  recourse  to  courts 
of  their  respective  denominations  for  family  law  cases;  however,  there  is  no  Shi'a 
appellate  court.  Shi'a  cases  are  referred  to  the  Sunni  court  on  appeal. 

Defendants  have  the  right  to  confront  their  accusers  and  appeal  verdicts.  The 
Amir  has  the  constitutional  power  to  pardon  or  commute  all  sentences.  Defendants 
in  felony  cases  are  requirecf  by  law  to  be  represented  in  court  by  legal  counsel, 
which  the  courts  will  provide  in  criminal  cases.  In  misdemeanor  cases,  defendants 
have  the  right  to  waive  the  presence  of  legal  counsel,  and  the  court  is  not  required 
to  provide  counsel  to  indigent  defendants. 


1505 

Both  defendants  and  prosecutors  may  appeal  court  verdicts  to  the  High  Court  of 
Appeal,  which  may  rule  on  whether  the  law  was  properly  applied,  as  well  as  on  the 
guilt  or  innocence  of  the  defendant.  Decisions  of  the  High  Court  of  Appeal  may  be 
presented  to  the  Court  of  Cassation,  which  will  conduct  a  limited,  formal  review  of 
cases  to  determine  only  whether  the  law  was  properly  applied. 

In  the  regular  court  system  there  are  no  groups,  including  women,  who  are  barred 
from  testifying  or  whose  testimony  is  given  lesser  weight.  However,  the  Islamic 
courts,  which  nave  jurisdiction  over  family  law,  apply  Snari'a  (Islamic)  law,  which 
states  that  the  testimony  of  two  women  equals  that  oi  one  man. 

There  are  no  reported  political  prisoners.  The  Government  continues  to  incarcer- 
ate persons  convicted  of  collaboration  with  Iraq  during  the  occupation.  By  law  such 
collaboration  is  a  felony.  Most  of  the  people  convictea  in  the  Martial  Law  Court  in 
1991,  and  the  Special  State  Security  Court,  which  was  abolished  in  1995,  did  not 
receive  fair  trials.  In  February  the  Amir  commuted  the  sentences  of  12  individuals, 
two  Kuwaitis  and  ten  Jordanians,  convicted  by  the  Martial  Law  and  State  Security 
Courts.  This  group  included  7  of  the  16  remaining  Jordanian  journalists  who 
worked  for  the  Iraqi  publication  Al-Nida  during  the  1990  occupation  (see  Section 
2.a.).  In  addition,  the  Amir  pardoned  a  total  of  405  prisoners,  the  largest  group  ever, 
and  reduced  the  sentences  of  590  more. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  individual  privacy  and  sanctity  of  the  home.  The  police 
must  obtain  a  warrant  to  search  both  public  and  private  property,  unless  they  are 
in  hot  pursuit  of  a  suspect  fleeing  the  scene  of  a  crime,  or  if  alcohol  or  narcotics 
are  suspected  on  the  premises.  The  warrant  can  be  obtained  from  the  state  prosecu- 
tor or,  in  the  case  of  private  property,  from  a  judge.  The  security  forces  occasionally 
monitor  the  activities  of  individuals  and  their  communications. 

By  law  males  must  obtain  government  approval  to  marry  foreign-bom  women. 
Many  citizens  comply  with  this  law  by  validating  their  foreign  marriage  certificate 
at  a  Kuwaiti  embassy  or  consulate.  Although  the  Government  may  advise  against 
marriage  to  a  foreign  national,  there  are  no  known  cases  of  the  (jovernment  refus- 
ing permission  to  marry.  The  Government  also  advises  women  against  marrying  for- 
eign nationals. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  states  that  "freedom  of  the 
press,  printing,  and  publishing  shall  be  guaranteed  in  accordance  with  the  condi- 
tions and  manner  specified  by  law."  With  a  few  exceptions,  citizens  are  free  to  criti- 
cize the  Government  at  public  meetings  and  in  the  media.  However,  journalists 
practice  self-censorship.  Several  laws  empower  the  Government  to  impose  restric- 
tions on  freedom  of  speech  and  of  the  press,  but  they  are  rarely  invoked.  The  Gov- 
ernment, through  the  Ministry  of  Information,  practices  informal  censorship  by  plac- 
ing pressure  on  individual  publishers  and  editors  believed  to  have  "crossed  the  line" 
in  attacking  government  policies  and  discussing  issues  deemed  ofTensive  to  Islam, 
tradition,  or  the  interests  of  the  State. 

Newspapers  are  privately  owned  and  free  to  publish  on  many  social,  economic, 
and  political  issues  and  frequently  criticize  government  policies  and  officials,  includ- 
ing tne  Crown  Prince,  who  is  also  the  Prime  Minister. 

The  Government  ended  prepublication  censorship  in  1992,  but  journalists  still 
censor  themselves.  The  Press  Law  prohibits  the  puolication  of  any  direct  criticism 
of  the  Amir,  official  government  communications  with  other  states,  and  material 
that  serves  to  "attack  religions"  or  "incite  people  to  commit  crimes,  creates  hatred, 
or  spread  dissension  among  the  populace."  In  April  the  editor-in-chief  and  a  journal- 
ist from  Al  Hadath  were  each  finea  $250  (75  Kuwaiti  dinars)  for  violating  the  Press 
Law's  prohibition  on  publishing  "immoral  or  defamatory"  material.  The  case 
stenmied  from  the  publication  of  comments  made  by  Kuwait  University  professor 
Alia  Shuaib  on  the  prevalence  of  lesbianism  among  the  student  body.  In  1995  the 
Government  banned  publication  of  one  newspaper,  Al  Anba,  for  5  days  under  a  law 
that  the  media  and  opposition  parliamentarians  alleged  was  unconstitutional.  The 

fiaper  took  the  Government  to  court,  and  has  appealed  an  initial  court  ruling  in 
avor  of  the  Government.  The  case  is  still  pending  in  the  Appeals  Court.  The  Gov- 
ernment is  reportedly  seeking  a  settlement. 

In  order  to  begin  publication  of  a  newspaper,  a  publisher  must  obtain  an  operat- 
ing license  from  the  Ministry  of  Information.  However,  in  July,  the  National  Assem- 
bly began  printing  its  own  weekly  newspaper,  Al-Dustour  (the  Constitution),  with- 
out having  obtained  a  license,  but  without  interference  from  the  executive  branch 
of  government.  Publishers  may  lose  their  license  if  their  publications  do  not  appear 
for  6  months.  This  6-month  rule  prevents  publishers  from  publishing  sporadically — 
it  is  not  used  to  suspend  or  shut  down  existing  newspapers.  Individuals  must  also 


1506 

obtain  permission  from  the  Ministry  of  Information  before  publishing  any  printed 
materid,  including  brochures  and  wall  posters. 

The  Government  does  not  censor  foreign  journalists  and  permits  them  open  access 
to  the  country. 

In  February  the  Amir  commuted  the  sentences  of  7  of  the  remaining  16  Jordanian 
journalists  who  worked  for  the  Iraqi  publication  Al-Nida  during  the  1990  occupa- 
tion. The  Jordanians,  who  were  convicted  in  1991,  argued  that  their  collaboration 
was  under  duress,  in  response  to  Iraqi  threats. 

The  Government  owns  and  controls  the  radio  and  television  companies.  The  Gov- 
ernment does  not  inhibit  the  purchase  of  satellite  dishes  which  are  widely  available. 
Citizens  with  such  devices  are  free  to  watch  a  variety  of  programs,  including  those 
broadcast  from  Israel. 

The  Ministry  of  Information  censors  all  books,  films,  videotapes,  periodicals,  and 
other  imported  publications  deemed  morally  ofTensive.  However,  the  Ministry  has 
censored  political  topics  as  well  and  does  not  grant  licenses  to  magazines  with  a  po- 
litical focus.  The  Gleneral  Organization  of  Printing  and  Publishing  controls  the 
printing,  publishing,  and  distribution  of  informational  materials.  In  November  the 
Ministry  of  Information  released  for  sale  at  an  international  Arab  book  fair  in  the 
country  160  books  that  previously  had  been  censored. 

In  May  the  Government  defeated  a  bill  in  the  National  Assembly  to  ban  concerts 
and  fashion  shows.  The  Ministry  of  Information,  announced  that  current  regulations 
already  prohibit  any  performance  contrary  to  Islamic  tradition,  but  that  the  Min- 
istry would  tightly  regulate  such  shows.  A  ministerial  decree  issued  in  July  reiter- 
ated this  position  by  forbidding  the  issuance  of  licenses  for  public  musical  events 
that  contradict  Shari'a  and  Kuwaiti  traditions. 

There  is  no  government  censorship  of  university  teaching,  research,  or  publica- 
tion. However,  academics  are  subject  to  the  same  restraints  as  the  media  with  re- 
gard to  criticism  of  the  Amir  or  Islam.  Kuwait  University  political  science  depart- 
ment chairman  Ahmad  AI-Baghdadi  was  charged  with  violating  the  Press  Law's 
prohibition  against  insulting  the  Prophet.  He  faces  a  maximum  penalty  of  6-months 
imprisonment  or  a  monetary  fine  if  he  is  found  guilty  of  the  ofTense.  In  1996  Al- 
Bbaghdadi  was  branded  an  apostate  by  private  individuals  for  writing  an  article 
deemed  critical  of  the  Prophet.  In  March  a  Kuwait  University  panel  recommended 
the  dismissal  of  Dr.  Alia  Shuaib,  a  professor  who  commentecf  on  lesbianism  at  the 
university.  The  recommendation  requires  the  endorsement  of  the  Minister  of  Edu- 
cation, who  has  thus  far  refrained  from  acting  on  the  panel's  recommendation. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — ^Although  the  Constitution  af- 
firms the  right  to  assembly,  the  Government  restricts  this  right  in  practice.  Public 
gatherings  must  receive  prior  government  approval,  as  must  private  gatherings  of 
more  than  5  persons  that  result  in  the  issuance  of  a  public  statement.  Political  ac- 
tivity finds  its  outlet  in  informal,  family-based,  almost  exclusively  male,  social  gath- 
erings known  as  diwaniyas.  Practically  every  male  adult,  including  the  Amir,  hosts 
and  attends  diwaniyas,  at  which  every  possible  topic  is  discussed.  The  diwaniya  con- 
tributes to  the  development  of  political  consensus  and  official  decision  making. 

Although  the  Constitution  affirms  the  right  of  association,  the  Government  re- 
stricts this  right  in  practice.  The  Government  bans  political  parties.  Several  infor- 
mal blocs,  acting  much  like  parties,  exist  and  were  active  during  the  1996  National 
Assembly  elections.  The  Government  has  made  no  effort  to  constrain  these 
groupings,  which  are  organized  on  the  basis  of  common  ideological  goals.  Many  may 
be  categorized  as  "opposition"  groups. 

In  May  a  group  of  75  prominent  citizens  established  a  self-  declared  new  political 
grouping,  the  National  Democratic  Association  (NDA).  Claiming  to  represent  Ku- 
wait s  moderate  "silent  majority,"  the  NDA  plans  to  focus  on  issues  such  as  fran- 
chise expansion,  education,  unemployment,  privatization,  and  other  economic  issues. 
The  NDA  purports  to  be  the  first  politicHl  grouping  to  include  a  woman  on  its  execu- 
tive board.  The  NDA's  elaborate  launching  ceremony  was  thwarted  by  the  Govern- 
ment's non-response  to  the  group's  request  for  a  permit  to  hold  a  public  meeting. 
As  a  result,  the  NDA's  opening  session  and  accompanying  press  conference  were 
moved  from  a  hotel  ballroom  to  a  private  office. 

All  nongovernmental  organizations  (NGO's)  must  obtain  a  license  from  the  Min- 
istry of  Social  Afi'airs  ana  Labor.  The  Government  uses  its  power  to  license  as  a 
means  of  political  control.  The  Ministry  has  registered  55  NGO's,  including  profes- 
sional groups,  a  bar  association,  and  scientific  bodies.  These  groups  receive  govern- 
ment subsidies  for  their  operating  expenses.  Their  members  must  obtain  permission 
from  the  Ministry  before  attending  international  conferences.  Since  1985  the  Min- 
istry has  issued  only  two  licenses.  The  Ministry  has  disapproved  other  license  re- 
quests on  the  grounds  that  previously  established  NGO's  already  provide  services 
similar  to  those  proposed  by  the  petitioners. 


1507 

The  Prisoners  of  War  (POW)  families  organization,  a  new  but  as  yet  unlicensed 
NGO,  was  established  in  the  summer.  The  license  request  was  still  pending  at 
year's  end. 

The  Government  generally  overlooks  the  activities  of  many  unlicensed  NGO's,  de- 
spite a  1993  decree  ordering  unregistered  NGO's  to  cease  activities.  No  organization 
has  challenged  the  1993  decree  in  court. 

c.  Freedom  of  Religion. — Islam  is  the  state  religion.  The  Constitution  states  that 
Islamic  law,  Shari'a,  is  "a  main  source  of  legislation."  The  ruling  family  and  many 
prominent  Kuwaiti  families  belong  to  the  denomination  of  Sunni  Islam.  However, 
30  to  40  percent  of  the  population  belong  to  the  Shi'a  denomination.  They  are  free 
to  conduct  their  traditional  forms  of  worship  without  government  interference.  How- 
ever, Shi'a  figures  claim  that  the  Government  has  not  approved  the  construction  of 
new  Shi'a  mosques  in  recent  years. 

The  Constitution  states  that  "all  people  are  equal  in  .  .  .  public  rights  and  duties 
before  the  law,  without  distinction  as  to  .  .  .  religion,"  and  that  "freedom  of  belief 
is  absolute.  The  state  protects  the  freedom  to  practice  religion  in  accordance  with 
established  customs,  provided  that  it  does  not  conflict  with  public  policy  or  morals." 
There  are  several  legally  recognized  expatriate  congregations  and  churches,  includ- 
ing a  Catholic  diocese  and  several  Protestant  churches.  Expatriates  who  are  mem- 
bers of  religions  not  sanctioned  in  the  Koran,  e.g.,  Hindus,  Sikhs,  and  Buddhists, 
may  not  build  places  of  worship  but  may  worship  privately  in  their  homes.  The  Gov- 
ernment prohioits  missionaries  to  proselytize  among  Muslims;  however,  thev  may 
serve  expatriate  congregations.  The  law  prohibits  religious  education  for  religions 
other  than  Islam,  although  this  law  is  not  rigidly  enforced.  The  Government  does 
not  permit  the  establishment  of  non-Islamic  publishing  companies  or  training  insti- 
tutions for  clergy. 

Although  there  is  a  small  community  of  Christian  citizens,  the  law  prohibits  the 
naturalization  of  non-Muslims.  A  non-Muslim  male  must  convert  to  Islam  when  he 
marries  a  Muslim  woman  if  the  wedding  is  to  be  legal  in  Kuwait.  A  non-Muslim 
female  does  not  have  to  convert  to  Islam  to  marry  a  Muslim  male,  but  it  is  to  her 
advantage  to  do  so,  i.e.,  failure  to  do  so  may  mean  that  the  Muslim  father  will  be 
granted  custody  of  children  should  the  couple  later  divorce. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  have  the  right  to  travel  freely  within  the  country  and  to 
change  their  workplace  as  desired.  Unmarried  women  the  age  of  21  and  over  are 
free  to  obtain  a  passport  and  travel  abroad  at  any  time.  However,  married  women 
who  apply  for  passports  must  obtain  their  husband's  signature  on  the  application 
form.  Once  she  has  a  passport,  a  married  woman  does  not  need  her  husband's  per- 
mission to  travel,  but  he  may  prevent  her  departure  from  the  country  by  placing 
a  24-hour  travel  ban  on  her.  He  can  do  this  by  contacting  the  immigration  authori- 
ties. After  this  24-hour  period,  a  court  order  is  required  if  the  husband  still  wishes 
to  prevent  his  wife  from  leaving  the  country.  All  minor  children  must  have  their 
father's  permission  to  travel  outside  of  the  country.  Citizens  are  free  to  emigrate 
and  to  return. 

The  Government  has  the  right  to  place  a  travel  ban  on  any  citizen  or  foreigner 
who  has  a  legal  case  pending  before  the  courts. 

A  serious  problem  exists  in  the  case  of  the  bidoon,  who  are  stateless  persons, 
many  of  Iraqi  or  Iranian  descent,  who  resided  in  Kuwait  prior  to  the  Iraqi  invasion. 
The  Government  argues  that  many  bidoon  (the  term  means  "without  ")  are  conceal- 
ing their  true  citizenship  in  order  to  remain  in  Kuwait,  become  citizens,  and  enjoy 
the  generous  benefits  provided  to  citizens.  Some  bidoon  have  had  residency  ties  to 
Kuwait  for  generations.  Others  entered  Kuwait  during  the  oil  boom  years.  There  are 
approximately  114,000  stateless  persons  in  Kuwait,  down  from  a  prewar  level  of 
about  220,000.  The  Gtovemment  does  not  wish  the  return  of  the  bidoon  who  de- 
parted Kuwait  during  the  Gulf  War  and  freauently  delays  or  denies  issuing  them 
entry  visas.  This  policy  imposes  serious  hardships  and  family  separations.  In  March 
the  Government  naturalized  111  children  of  bidoon  fathers  who  died  in  the  service 
of  the  country  during  the  Iraoi  invasion  and  occupation.  In  addition,  300  individuals 
were  naturalized  in  July  unoer  an  article  of  the  Nationality  Law  that  pertains  to 
granting  citizenship  to  the  children  of  Kuwaiti  mothers  and  foreign  fathers.  Credible 
reports  sijggest  that  those  naturalized  in  July  were  bidoon  children  of  Kuwaiti 
mothers.  The  Government  announced  in  August  that  approximately  3,400  bidoon 
had  "found"  their  citizenship  and  were  permitted  to  remain  in  Kuwait  using  their 
original  passports.  This  meant  that  nationals  from  Gulf  Cooperation  Council  coun- 
tries could  remain  in  Kuwait  without  residence  permits  but  nationals  from  all  other 
countries  had  to  obtain  a  residence  permit  to  live  and  work  in  the  country. 

The  Government  continued  its  postwar  policy  of  reducing  the  number  of  nationals 
from  those  countries  that  supported  Iraq  during  its  invasion  of  Kuwait.  The  number 


1508 

of  such  residents  is  now  only  about  10  percent  of  its  prewar  total.  The  Gfovemment 
instituted  a  policy  in  1996  to  route  the  residence  permit  renewals  of  these  nationals 
through  the  State  Security  Service.  As  a  result,  tnere  has  been  a  sharp  increase  in 
the  number  of  renewal  denials  for  these  nationals,  many  of  whom  have  no  country 
of  origin  to  return  to  or  have  fears  of  persecution  upon  return. 

The  Government  permits  the  ICRC  to  verify  if  a  deportee  objects  to  returning  to 
his  country  of  origin.  The  Government  detains  those  deportees  who  have  objections 
at  the  main  Talha  deportation  center.  Many  have  been  held  for  1  year  or  more; 
some  have  been  held  for  up  to  6  years. 

Security  forces  in  Kuwait  city  occasionally  set  up  checkpoints  where  they  may  de- 
tain individuals.  The  checkpoints  are  mainly  for  immigration  purposes  and  are  used 
to  apprehend  undocumented  aliens.  In  November  and  December,  the  use  of  roadside 
checkpoints  increased  considerably  as  authorities  stepped  up  the  number  of  checks 
as  part  of  the  illegal  resident  amnesty  program,  and  in  preparation  for  the  18th  an- 
nual Gulf  Cooperation  Council  summit,  which  was  held  in  Kuwait  December  20—22. 

In  November  the  Government  instituted  an  amnesty  program,  permitting  illegad 
residents  to  depart  the  country  without  penalty,  provided  they  had  no  previous 
charges  pending  against  them.  The  program  was  scheduled  to  end  on  December  15; 
however,  the  Government  extended  it  1  day.  The  Government  announced  that  more 
than  11,500  illegal  foreign  residents  departed  the  country  and  12,074  legalized  their 
status  during  the  amnesty  program.  Officially  registered  bidoon  were  exempt  from 
the  program  (see  Section  l.d.). 

There  is  no  legislation  governing  refugees,  asylees,  or  first  asylum,  and  no  clear 
standard  procedure  for  processing  a  person's  claim  to  be  a  refugee.  The  Constitution 
prohibits  the  extradition  of  political  refugees.  The  Government  states  that  it  does 
not  deport  anyone  who  claims  a  fear  of  persecution  in  his  home  country,  but  it  will 
often  keep  such  persons  in  detention  rather  than  grant  them  permission  to  live  and 
work  in  Kuwait.  The  United  Nations  High  Commissioner  for  Refugees  (UNHCR) 
maintains  an  office  in  Kuwait  and  has  access  to  refugees  in  detention. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  cannot  change  their  head  of  state.  Women  and  citizens  naturalized  less 
than  20  years  earlier  may  not  vote  or  seek  election  to  the  National  Assembly.  In 
addition,  members  of  the  armed  forces,  police,  and  other  uniformed  personnel  of  the 
Ministry  of  Interior  are  prohibited  from  voting. 

Under  the  Constitution,  the  Amir  holds  executive  power  and  shares  legislative 
power  with  the  National  Assembly.  The  Prime  Minister  presides  over  a  14-member 
cabinet.  In  accordance  with  the  practice  of  the  ruling  family,  the  Prime  Minister  has 
always  been  the  Crown  Prince.  The  Constitution  empowers  the  Amir  to  suspend  its 
provisions  and  to  rule  by  decree.  The  Amir  dissolved  the  National  Assembly  from 
1976  to  1981,  and  in  1986  the  Amir  effectively  dissolved  the  Assembly  by  suspend- 
ing the  constitutional  provisions  on  the  Assembly's  election.  The  Assembly  remained 
dissolved  until  1992,  when  elections  were  held.  Members  serve  4-year  terms,  and 
National  Assembly  elections  were  held  on  schedule  in  1996.  The  elections  were  con- 
ducted freely  and  fairly  among  the  minority  of  citizens  who  are  permitted  to  vote. 
Since  the  Government  prohibits  political  parties.  Assembly  candidates  must  nomi- 
nate themselves.  Nonetheless,  informal  political  groupings  are  active  in  the  Assem- 
bly. The  Constitution  empowers  the  National  Assembly  to  overturn  any  Amiri  de- 
crees made  during  the  dissolution,  and  the  Assembly  has  done  so  in  some  cases. 

Women  are  disenfranchised  and  have  little  opportunity  to  influence  government. 
In  the  past,  a  majority  of  the  members  of  the  National  Assembly  have  expressed 
opinions  favoring  women's  rights  to  vote.  In  January  four  Members  of  Parliament 
submitted  a  bill  to  grant  women  the  right  to  vote  and  stand  for  election  to  the  Na- 
tional Assembly.  As  with  women's  rights  legislation  previously  submitted,  no  strong 
parliamentary  support  currently  exists  for  this  law,  and  the  Government  has  made 
no  effort  to  persuade  the  National  Assembly  to  pass  the  legislation.  Women's  groups 
in  Kuwait  are  divided  on  the  franchise  issue. 

Members  of  the  Shi'a  minority  are  generally  underrepresented  in  high  govern- 
ment positions.  Currently  only  one  member  of  the  Cabinet,  5  out  of  50  National  As- 
sembly members,  and  the  armed  forces  chief  of  staff  are  Shi'a  Muslims. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Government  has  prevented  the  establishment  of  local  human  rights  groups 
by  not  approving  their  requests  for  licenses  (see  Section  2.b.).  The  Government  per- 
mits international  human  rights  organizations  to  visit  Kuwait  and  to  establish  of- 


1509 

fices.  Several  organizations  conduct  field  work  and  report  excellent  communication 
with  and  reasonable  cooperation  from  the  Government. 

TTie  National  Assembly  has  a  Human  Rights  Committee,  which  takes  testimony 
from  individuals  about  abuses,  investigates  prison  conditions,  and  has  made  non- 
binding  recommendations  for  redress. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  race,  national  origin,  lan- 
guage, or  religion.  However,  laws  and  regulations  discriminate  in  some  cases 
agamst  women  and  non-Kuwaitis,  who  face  widespread  social,  economic,  and  judi- 
cial discrimination. 

Women. — According  to  some  local  experts,  domestic  abuse  of  women  occurs  in  an 
estimated  15  percent  of  all  marriages.  Each  of  the  country's  50  police  stations  re- 
ceives approximately  1  to  2  complaints  of  spousal  abuse  each  week.  Of  the  com- 
plaints received,  approximately  60  percent  involve  spousal  abuse  of  non-Kuwaiti 
women.  The  police  and  the  courts  generally  seek  to  resolve  family  disputes  infor- 
mally and  may  ask  the  offending  spouse  to  sign  a  statement  affirming  that  he  will 
end  the  abuse.  The  police  refer  serious  cases  to  the  Psychiatric  Department  at  the 
Ministry  of  Health.  The  courts  have  found  husbands  guilty  of  spousal  abuse.  There 
are  reports  of  rape  of  female  domestic  servants  by  male  employers. 

A  significant  number  of  employers  physically  abuse  expatriate  women  working  as 
domestic  servants.  The  local  press  gives  the  problem  considerable  attention.  In  Au- 
gust the  press  published  a  report  of  alleged  abuse  of  three  Sri  Lankan  maids  by 
their  Kuwaiti  employer.  Justice  officials  promised  to  prosecute  the  employer  if  the 
abuse  allegations  are  proved  true.  Foreign-bom  servants  have  the  right  to  sue  their 
employers  for  abuse,  but  few  do  so  owing  to  both  fear  of  deportation  and  fear  that 
the  judicial  system  is  biased  against  them.  The  Government  has  designated  a  police 
station  to  investigate  complaints  and  provide  some  shelter  for  runaway  maids.  Both 
the  police  and  the  courts  have  taken  action  against  employers  when  presented  with 
evidence  of  serious  abuse. 

Runaway  servants  seek  shelter  at  their  country's  embassy,  where  they  seek  repa- 
triation or  a  change  in  employers.  On  several  occasions,  the  Philippine  and  Sri 
Lankan  embassies  nave  each  sheltered  nearly  300  women.  Although  most  of  these 
women  sought  shelter  due  to  contractual  or  financial  problems  with  their  employers, 
many  also  alleged  physical  and  sexual  abuse. 

Women  experience  legal  and  social  discrimination.  Women  are  denied  the  right 
to  vote  (see  Section  3);  their  testimony  is  not  given  equal  weight  to  that  of  males 
in  the  Islamic  courts  (see  Section  I.e.),  and  married  women  require  their  husband's 

fiermission  to  obtain  a  passport  (see  Section  2.d.).  By  law  only  men  are  able  to  con- 
er  citizenship,  which  means  that  children  bom  to  Kuwaiti  mothers  and  stateless 
fathers  are  themselves  stateless.  Inheritance  is  governed  by  Islamic  law,  which  dif- 
fers according  to  sects.  In  the  absence  of  a  direct  male  heir,  Shi'a  women  may  in- 
herit all  property;  Sunni  women  inherit  only  a  portion.  The  balance  is  divided 
among  brother,  uncles,  and  male  cousins  of  the  deceased. 

Women  are  traditionally  restrained  from  choosing  certain  roles  in  society,  and  the 
law  restricts  women  from  working  in  "dangerous  industries"  and  trades  "harmful" 
to  health.  However,  almost  all  citizens  work  for  the  State  in  office  jobs,  and  women 
are  allowed  into  most  areas  of  the  bureaucracy,  including  even  oil  well  fire-fighting 
units.  Educated  women  maintain  that  conservative  religious  trends  limit  career  op- 
portunities. Nonetheless,  an  estimated  28  percent  of  women  of  working  age  are  em- 
ployed. The  law  promises  "remuneration  equal  to  that  of  a  man  provided  she  does 
the  same  work."  This  promise  is  respected  in  practice.  Women  work  as  doctors,  engi- 
neers, lawyers,  bankers,  and  professors.  A  few  have  been  appointed  to  senior  posi- 
tions in  the  Ministry  of  Education  and  the  state-owned  Kuwaiti  Petroleum  Corpora- 
tion. However,  there  are  no  female  judges  or  prosecutors. 

In  case  of  divorce,  the  Government  makes  family  entitlement  payments  to  the  di- 
vorced husband,  who  is  expected  by  law  and  custom  to  provide  for  his  children  even 
though  custody  of  minor  children  is  usually  given  to  the  mother.  The  law  discrimi- 
nates against  women  married  to  foreign  men.  These  women  are  not  entitled  to  gov- 
ernment housing  subsidies,  which  are  available  to  male  citizens.  The  law  also  re- 
quires women  to  pay  residence  fees  for  their  husbands  and  does  not  recognize  mar- 
riage as  the  basis  for  granting  residency  to  foreign-born  husbands.  Instead,  the  law 
grants  residency  only  if  the  husband  is  employed.  By  contrast,  men  married  to  for- 
eign-born women  do  not  have  to  pay  residency  fees  for  their  spouses,  and  their 
spouses'  right  to  residency  derives  from  marriage. 

Polygyny  is  legal.  A  husband  is  obliged  to  inform  his  first  wife  that  he  is  taking 
a  second  wife.  The  husband  is  obligated  to  provide  the  first  wife  a  separate  house- 


1510 

hold  if  that  is  her  preference.  It  is  the  second  wife's  choice  to  get  married.  A  first 
wife  who  objects  to  a  second  marriage  can  request  a  divorce,  but  the  court's  deter- 
mination of  divorce  and  child  custody  would  be  made  on  grounds  other  than  the  fact 
of  the  second  marriage  itself. 

There  is  at  least  on  active  women's  organization  and  several  other  NGO's  than 
follow  women's  rights  issues. 

Children. — The  Government  is  conmiitted  to  the  welfare  of  children.  Both  boys 
and  girls  receive  a  free  education  up  to  the  university  level.  The  Government  pro- 
vides free  health  care  and  a  variety  of  other  services  to  all  children. 

There  is  no  societal  pattern  of  abuse  of  children. 

Marriage  of  girls  under  the  age  of  17  is  uncommon  among  the  urban  population, 
but  remains  a  practice  of  the  Bedouins  in  outlying  areas. 

People  With  Disabilities. — There  is  no  institutionalized  discrimination  against  dis- 
abled people  in  employment,  education,  or  in  the  provision  of  state  services.  Legisla- 
tion passed  by  the  National  Assembly  in  1996  mandates  accessibility  for  the  dis- 
abled to  all  facilities  frequented  by  the  public,  and  provides  an  affirmative  action 
employment  program  for  the  disabled.  However,  this  law  has  not  been  fully  imple- 
mented. The  Government  pays  extensive  benefits  for  disabled  citizens,  which  cover 
transportation,  housing,  job  training,  and  social  welfare. 

National  / Racial  / Ethnic  Minorities. — The   Government's   failure   to   improve   the 

Slight  of  the  114,000  bidoon  remains  a  significant  human  rights  abuse.  The  bidoon 
ave  been  the  objects  of  hostile  government  policy  since  the  mid-1980's.  Since  1985 
the  Government  has  eliminated  the  bidoon  from  the  census  rolls,  discontinued  their 
access  to  government  jobs  and  free  education,  and  sought  to  deport  many  bidoon. 
In  1993  the  Government  decreed  that  bidoon  males  would  no  longer  be  allowed  to 
enlist  in  the  military  service.  Those  presently  in  the  armed  forces  are  being  gradu- 
ally replaced,  although  the  Government  in  August  allowed  800  bidoon  sons  of  Ku- 
waiti mothers  to  enlist.  The  CJovernment  does  not  routinely  issue  travel  documents 
to  bidoon,  and  if  bidoon  travel  abroad,  they  risk  being  barred  from  returning  to  the 
country  unless  they  receive  advance  permission  from  the  immigration  authorities. 
Marriages  pose  special  hardships  because  the  offspring  of  male  bidoon  inherit  the 
father's  undetermined  legal  status. 

In  May  the  National  Assembly  reviewed  a  proposal  by  the  Government  to  natural- 
ize approximately  10  percent  of  the  bidoon  population,  i.e.,  about  10,000  individuals. 
The  proposal  has  not  been  enacted  and  there  are  credible  reports  that  naturaliza- 
tion of  the  10,000  could  take  a  number  of  years.  The  proposal  did  not  address  the 
problem  of  the  remaining  approximately  104,000  bidoon.  In  March  the  Government 
naturalized  a  small  fraction  of  the  bidoon,  primarily  children  of  bidoon  fathers  who 
served  in  the  military  and  were  killed  during  the  Iraqi  invasion  and  occupation  of 
Kuwait.  The  Government  claims  that  it  issues  a  residency  visa,  and  legal  status, 
to  any  bidoon  who  presents  a  passport,  regardless  of  the  country  of  issuance.  This 
has  led  some  bidoon  to  acquire  passports  Trom  countries  with  which  they  have  no 
tie,  but  which  have  liberal  "economic  citizenship"  programs.  There  are  reports  that 
the  Government  has  denied  residency  visas  to  some  bidoon  who  obtained  passports, 
particularly  Iraqis.  In  some  cases  the  Government  has  unilaterally  decided  the 
real"  nationalities  of  bidoon  without  a  hearing  and  without  possibility  of  review. 
In  August  1996,  the  Government  called  on  all  bidoon  to  register  with  the  Ministry 
of  Interior  and  issued  identification  cards  valid  for  1  year  or  less.  The  Government 
announced  in  September  that  the  cards  would  be  renewed  but  did  not  stipulate  the 
length  of  the  renewal  period. 

Since  the  end  of  the  Gulf  War,  government  policy  has  been  targeted  against  work- 
ers from  those  nationalities  whose  leaders  supported  Iraq,  especially  Palestinians, 
Jordanians,  and  Yemenis.  The  Government  argues  that  during  the  Iraqi  occupation 
many  residents  from  these  places  sided  with  tne  Iraqi  forces.  The  Government  has 
delayed  or  denied  the  issuance  of  work  and  residency  permits  to  persons  in  these 
groups,  and  in  many  cases  has  hindered  those  workers  that  are  permitted  to  reside 
in  the  country  from  sponsoring  their  families  to  join  them.  Many  of  these  nationals 
have  also  resorted  to  the  purchase  of  third  country  passports  in  order  to  gain  entry 
to  Kuwait  or  legalize  their  status  in  the  country.  A  government  policy  to  route  the 
residency  visas  of  these  nationals  through  the  State  Security  Service  has  led  to  a 
sharp  increase  in  renewal  denials  (see  Section  2.d.). 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Workers  have  the  right,  but  are  not  required,  to  join 
unions.  Nonetheless,  the  Government  restricts  the  right  of  association  by  prohibiting 
all  workers  from  freely  establishing  trade  unions.  Tne  law  stipulates  that  workers 
may  establish  only  one  union  in  any  occupational  trade,  and  that  the  unions  may 


1511 

establish  only  one  federation.  The  International  Labor  Organization  (ILO)  has  long 
criticized  such  restrictions. 

Approximately  50,000  people  of  a  total  work  force  estimated  at  1,100,000  are  orga- 
nized in  14  unions,  12  of  which  are  alTiliated  with  the  Kuwait  Trade  Union  Federa- 
tion (KTUF),  the  sole,  legal  trade  union  federation.  The  Bank  Worker's  Union  and 
the  Kuwait  Airways  Workers  Union,  constituting  approximately  4,500  workers,  are 
independent  of  the  KTUF.  The  Government  has  shown  no  sign  that  it  would  accept 
the  establishment  of  more  than  one  legal  trade  union  federation.  The  law  stipulates 
that  any  new  union  must  include  at  least  100  workers,  of  whom  at  least  15  are  citi- 
zens. Both  the  ILO  and  the  International  Confederation  of  Free  Trade  Unions 
(ICFTU)  have  criticized  this  reouirement  because  it  discourages  unions  in  sectors 
er^loying  few  citizens,  such  as  the  construction  industry  and  domestic  sectors. 

The  Government's  pervasive  oversight  powers  further  erode  union  independence. 
The  Government  subsidizes  as  much  as  90  percent  of  most  union  budgets,  may  in- 
spect the  financial  records  of  any  union,  and  prohibits  any  union  from  engaging  in 
political  or  religious  activities,  which  the  law  does  not  clearly  define.  The  law  em- 
powers the  courts  to  dissolve  any  union  for  violating  labor  laws  or  for  threatening 
public  order  and  morals."  Such  a  court  decision  may  be  appealed.  The  Amir  may 
also  dissolve  a  union  by  decree.  By  law,  the  Ministry  of  Social  Affairs  and  Labor 
is  authorized  to  seize  the  assets  of  any  dissolved  union.  The  ILO  has  criticized  this 
aspect  of  the  law.  Although  no  union  has  been  dissolved,  the  law  subordinates  the 
legal  existence  of  the  unions  to  the  power  of  the  State. 

Approximately  955,000  foreigners  are  employed,  constituting  most  of  the  work 
force  but  only  10  percent  of  the  unionized  work  force.  The  law  discriminates  against 
foreign  workers  by  permitting  them  to  join  unions  only  after  5  years  of  residence, 
and  only  as  nonvoting  members.  Unlike  union  members  who  are  citizens,  foreign 
workers  do  not  have  the  right  to  elect  their  leadership.  The  law  requires  that  union 
officials  must  be  citizens.  The  ILO  has  criticized  the  5-year  residency  requirement 
and  the  denial  of  voting  rights  for  foreign  workers.  The  KTUF  says  that  this  re- 
quirement is  not  enforced  and  foreigners  may  join  unions  regardless  of  their  length 
of  stay.  The  KTUF  administers  an  Expatriate  Labor  Office,  which  is  authorized  to 
investigate  complaints  of  foreign  laborers  and  provide  them  witTi  free  legal  advice. 
However,  these  services  are  not  widely  utilized.  Any  foreign  worker  may  submit  a 
grievance  to  the  Labor  Office  regardless  of  union  status. 

The  law  limits  the  right  to  strike.  It  requires  that  all  labor  disputes  must  be  re- 
ferred to  compulsory  arbitration  if  labor  and  management  cannot  reach  a  solution 
(see  Section  6.b.).  The  law  does  not  have  any  provision  ensuring  strikers'  freedom 
from  any  legal  or  administrative  action  taken  against  them  by  the  State.  In  May 
a  group  of  180  Indian  nursing  assistants  left  their  housing  camp  and  moved  into 
the  Indian  embassy,  protesting  the  fact  that  they  had  not  received  the  wages  they 
were  promised  by  their  recruiting  agents  in  India  and  Kuwait.  By  the  end  of  Sep- 
tember, most  of  the  nursing  assistants  had  agreed  to  return  to  their  jobs  at  the 
original  salary;  the  remaining  nursing  assistants  returned  to  India. 

In  June  pilots  and  air  and  ground  engineers  from  the  national  carrier,  Kuwait 
Airways,  staged  a  strike  to  protest  a  cut  in  free  ticket  entitlements  and  inaction  on 
increases  to  some  of  their  allowances. 

Ninety-two  employees  of  the  Kuwaiti  National  Petroleum  Company  walked  off  the 
job  for  4  days  in  late  September  to  protest  the  imposition  of  certain  promotion  and 
hiring  precepts.  After  the  Government  intervened,  the  workers  agreed  to  suspend 
the  strike  and  enter  into  talks  with  management. 

Unions  may  affiliate  with  international  bodies.  The  KTUF  belongs  to  the  Inter- 
national Confederation  of  Arab  Trade  Unions  and  the  formerly  Soviet-controlled 
World  Federation  of  Trade  Unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers  have  the  right  to  or- 

fanize  and  bargain  collectively,  siobject  to  certain  restrictions  (see  Section  6. a.), 
hese  rights  have  been  incorporated  in  the  Labor  Law  and  have,  according  to  all 
reports,  been  respected  in  practice. 

The  Labor  Law  provides  for  direct  negotiations  between  employers  and  "laborers 
or  their  representatives"  in  the  private  sector.  Most  agreements  are  resolved  in  such 
negotiations;  if  not,  either  party  may  petition  the  Ministry  of  Social  Affairs  and 
Labor  for  mediation.  If  mediation  fails,  the  dispute  is  referred  to  a  labor  arbitration 
board  composed  of  officials  from  the  High  Court  of  Appeals,  the  Attorney  General's 
ofiice,  and  the  Ministry  of  Social  Affairs  and  Labor. 

The  Civil  Service  Law  makes  no  provision  for  collective  bargaining  between  gov- 
ernment workers  and  their  employer.  Technically,  wages  and  conditions  of  employ- 
ment for  civil  service  workers  are  established  by  the  Government,  but  in  practice, 
the  Government  sets  the  benefit  scales  after  conducting  informal  meetings  with  offi- 


45-909    98-49 


1512 

cials  from  the  civil  service  unions.  Union  officials  resolve  most  issues  at  the  woricing 
level  and  have  regular  access  to  other  senior  ofTicials. 

The  Labor  Law  prohibits  antiunion  discrimination.  Any  worker  who  alleges 
antiunion  discrimination  has  the  right  to  appeal  to  the  judiciary.  There  were  no  re- 

gorts  of  discrimination  against  employees,  based  on  their  afiiliation  with  a  union. 
Employers  found  guilty  of  antiunion  discrimination  must  reinstate  workers  fired  for 
union  activities. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — ^The  Constitution  prohibits  forced 
labor  "except  in  cases  specified  by  law  for  national  emergency  and  with  just  remu- 
neration." The  Government  does  not  specifically  prohibit  lorced  and  bonded  labor  by 
children,  but  such  practices  are  not  known  to  occur. 

Foreign  workers  may  not  change  their  employment  without  permission  from  their 
original  sponsors  unless  they  have  been  in  the  country  for  over  2  years.  Domestic 
servants  are  particularly  vulnerable  to  abuses  from  this  practice  because  they  are 
not  protected  W  the  Lal)or  Law.  In  many  cases  employers  exercise  control  over  their 
servants  by  holding  their  passports,  although  the  Government  prohibits  this  prac- 
tice and  has  acted  to  retrieve  passports  of  maids  involved  in  disputes. 

Some  foreign  workers,  especially  unskilled  or  semiskilled  south  Asian  workers, 
live  much  like  indentured  servants.  They  frequently  face  poor  working  conditions 
and  some  physical  abuse  (see  Section  6.e.). 

Domestic  servants  who  run  away  from  their  employers  may  be  treated  as  crimi- 
nals under  the  law.  However,  the  authorities  usually  do  not  enforce  this  provision. 
In  some  reported  cases,  employers  illegally  withheld  wages  from  domestic  servants 
to  cover  the  costs  involved  in  bringing  them  to  Kuwait.  The  Government  has  done 
little,  if  anything,  to  protect  domestics  in  such  cases. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  legal 
minimum  age  is  18  years  for  all  forms  of  work,  both  lull-  and  part-time.  Employers 
must  obtain  permits  from  the  Ministry  of  Social  Affairs  and  Labor  to  employ  juve- 
niles between  the  ages  of  14  and  18  in  certain  trades.  Education  is  compulsory  for 
children  between  the  ages  of  6  and  15.  The  (jovemment  does  not  prohibit  forced  and 
bonded  labor  by  children,  but  such  practices  are  not  known  to  occur  (see  Section 
6.C.).  Some  small  businessmen  employ  their  children  on  a  part-time  basis,  and  there 
have  been  confirmed  reports  that  some  south  Asian  and  southeast  Asian  domestic 
servants  are  under  18,  but  falsified  their  ages  in  order  to  enter  the  country. 

Juveniles  may  work  a  maximum  of  6  hours  a  day  on  the  condition  that  they  work 
no  more  than  4  consecutive  hours  followed  by  a  1-hour  rest  period. 

e.  Acceptable  Conditions  of  Work. — The  Ministry  of  Social  Affairs  and  Labor  is  re- 
sponsible for  enforcing  all  labor  laws.  An  informal  two-tiered  labor  market  ensures 
high  wages  for  Kuwaiti  employees,  while  foreign  workers,  particularly  unskilled  la- 
borers, receive  substantially  lower  wages.  There  is  no  legal  minimum  wage  in  the 
private  sector.  In  the  public  sector,  the  effective  minimum  wage  is  approximately 
$774  (226  dinars)  per  month  for  citizens  and  approximately  $301  (90  dinars)  per 
month  for  non-citizens.  The  public  sector  minimum  wage  provides  a  decent  standard 
of  living  for  a  worker  and  family.  Wages  of  unskilled  workers  in  the  private  sector 
do  not  always  permit  a  decent  standard  of  living.  To  be  eligible  to  sponsor  family 
members  for  residency  in  Kuwait,  government  workers  must  receive  a  minimum 
wage  of  $1,530  (450  dinars)  per  month,  and  private  sector  workers  must  make  at 
least  $2,210  (650  dinars)  per  month. 

The  Labor  Law  establishes  general  conditions  of  work  for  both  the  public  and  the 
private  sectors,  with  the  oil  industry  treated  separately.  The  Civil  Service  Law  also 
prescribes  additional  conditions  for  the  public  sector.  The  Labor  Law  limits  the 
standard  workweek  to  48  hours  with  1  full  day  of  rest  per  week,  provides  for  a  mini- 
mum of  14  workdays  of  leave  each  year,  and  establishes  a  compensation  schedule 
for  industrial  accidents.  Domestic  servants,  who  are  specifically  excluded  from  the 
Private  Sector  Labor  Law,  frequently  work  long  hours,  greatly  in  excess  of  48  hours. 

The  ILO  has  urged  the  Government  to  provide  the  weekly  24-consecutive-hour 
rest  period  to  temporary  workers  employed  for  a  period  of  less  than  6  months  and 
workers  in  enterprises  employing  fewer  than  5  persons.  The  law  pertaining  to  the 
oil  industry  provides  for  a  40-hour  workweek,  30  days  of  annual  leave,  and  sick 
leave.  Laws  establishing  work  conditions  are  not  always  applied  uniformly  to  foreign 
workers.  Labor  law  also  provides  for  employer-provided  medical  care  and  compensa- 
tion to  workers  disabled  by  injury  or  disease  due  to  job-related  causes.  The  law  also 
requires  that  employers  provide  periodic  medical  examinations  to  workers  exposed 
to  environmental  hazards  on  the  job,  e.g.,  chemicals,  asbestos,  etc.  The  Government 
has  issued  occupational  health  and  safety  standards;  however,  compliance  and  en- 
forcement appear  poor,  especially  with  respect  to  unskilled  foreign  laborers.  Employ- 
ers often  exploit  workers'  willingness  to  accept  substandard  conditions.  Some  foreign 


1513 

workers,  especially  unskilled  or  semiskilled  south  Asian  workers,  live  much  like  in- 
dentured servants,  are  unaware  of  their  legal  rights  and  generally  lack  the  means 
to  pursue  a  legal  remedy.  They  frequently  face  contractual  disputes,  poor  working 
conditions,  ana  some  physical  abuse.  Most  are  in  debt  to  their  employers  before  they 
arrive  in  the  country  and  have  little  choice  but  to  accept  the  employer's  conditions, 
even  if  they  contradict  the  contractual  terms;  it  is  not  uncommon  for  wages  to  be 
withheld  for  a  period  of  months.  Most,  if  not  all,  of  the  foreign  workers  are  forced 
to  live  in  "housing  camps,"  which  are  generally  overcrowded  and  lack  adequate  cook- 
ing and  bathroom  facilities;  they  are  only  allowed  ofT  the  camp  compound  on  com- 
pany transport  or  by  permission  of  the  employer. 

Workers  have  the  right  to  remove  themselves  from  dangerous  work  situations 
without  jeopardy  to  their  continued  employment,  and  legal  protection  exists  for 
workers  who  file  complaints  about  such  concutions.  According  to  the  most  recent  fig- 
ures available,  the  Government  had  registered  about  800  cases  involving  occupa- 
tional injuries  during  the  year.  To  cut  accident  rates,  the  Government  periodically 
inspects  installations  to  raise  awareness  among  workers  and  employers  and  ensure 
that  they  abide  by  the  safety  rules,  control  the  pollution  resulting  from  certain  dan- 
gerous industries,  train  workers  who  use  new  machines  in  specialized  institutes, 
and  report  violations. 


LEBANON 

Lebanon  is  a  parliamentary  republic  in  which  the  President  is  by  tradition  a 
Maronite  Christian,  the  Prime  Minister  a  Sunni  Muslim,  and  the  Speaker  of  the 
Chamber  of  Deputies  a  Shi'a  Muslim.  The  Parliament  consists  of  128  deputies, 
equally  divided  oetween  Christian  and  Muslim  representatives.  The  judiciary  is  gen- 
erally independent,  but  is  subject  to  pwlitical  pressure. 

Non-Lebanese  military  forces  control  much  of  the  country.  These  include  about 
25,000  Syrian  troops,  a  contingent  of  Israeli  army  regulars  and  an  Israeli-supported 
militia  in  the  soutn,  and  several  armed  Palestinian  factions.  All  undermine  the  au- 
thority of  the  central  Government  and  prevent  the  application  of  law  in  the  patch- 
work of  areas  not  under  the  Government's  control.  In  1991  the  governments  of  Syria 
and  Lebanon  concluded  a  security  agreement  that  provided  a  framework  for  security 
cooperation  between  their  armed  forces.  However,  Syrian  military  intelligence  units 
in  Lebanon  conduct  their  activities  independently  of  the  agreement. 

In  1989  the  Arab  league  brokered  a  peace  settlement  at  Taif,  Saudi  Arabia,  to  end 
the  civil  war  in  Lebanon.  According  to  the  Taif  Accord,  Syrian  troops  were  to  be  re- 
deployed from  their  positions  in  Lebanon's  coastal  population  areas  to  the  Biqa'  Val- 
ley, with  full  withdrawal  contingent  upon  fulfillment  of  other  aspects  of  the  Taif  Ac- 
cord and  subsequent  agreement  by  both  the  Lebanese  and  Syrian  governments.  Al- 
though the  Syrian  Grovemment  has  refused  to  carry  out  this  withdrawal  from  the 
coastal  areas,  strong  Syrian  influence  over  Lebanese  politics  and  decisionmakers 
makes  Lebanese  oflicials  unwilling  to  press  for  a  complete  withdrawal.  The  relation- 
ship with  Syria  does  not  reflect  the  will  of  most  Lebanese  citizens. 

Israel  exerts  control  in  and  near  its  self-proclaimed  "security  zone"  in  south  Leb- 
anon through  its  surrogate,  the  South  Lebanese  Army  (SLA),  and  the  presence  of 
about  1,000  Israeli  regular  troops.  The  Iranian-backed  Shi'a  Muslim  faction 
Hizballah,  with  the  tacit  support  of  the  Government  and,  to  a  lesser  extent,  Pal- 
estinian guerrillas  continue  to  be  locked  in  a  cycle  of  attack  and  counterattack  with 
Israeli  and  SLA  troops  typically.  Palestinian  groups  operate  autonomously  in  refu- 
gee camps  throughout  the  country.  During  the  year,  the  Government  continued  to 
consolidate  its  authority  in  the  parts  of  the  country  under  its  control,  and  took  ten- 
tative steps  to  extend  its  authority  to  the  Biqa'  Valley  and  Beirut's  southern  sub- 
urbs. However,  it  did  not  attempt  to  reassert  state  control  over  the  Palestinian  refu- 
gee camps,  nor  to  disarm  Hizballah  and  the  SLA  or  dislodge  Israel  from  the  south. 

The  security  forces  comprise  the  Lebanese  Armed  Forces  (LAF),  which  may  arrest 
and  detain  suspects  on  national  security  grounds;  the  Internal  Security  Forces 
(ISF),  which  enforce  laws,  conduct  searches  and  arrests,  and  refer  cases  to  the  judi- 
ciary; and  the  State  Security  Apparatus  and  the  Surete  Generale,  both  of  which  col- 
lect information  on  groups  that  may  jeopardize  state  security.  The  Surete  Generale 
is  also  responsible  for  the  issuance  of  passports  and  residency  permits  and  for  cen- 
soring foreign  periodicals  and  movies  that  treat  national  security  issues.  The  secu- 
rity forces  committed  serious  human  rights  abuses. 

Before  the  1975-90  hostilities,  Lebanon  was  an  important  regional  financial  and 
commercial  center.  There  is  a  market-based  economy  in  which  the  majority  of  the 
work  force  is  employed  in  the  services  sector,  e.g.,  banking  and  commerce.  There  is 


1514 

a  small  industrial  sector,  based  largely  on  clothing  manufacture  and  food  processing. 
The  gross  national  product  is  estimated  to  be  approximately  $5,000  per  capita.  A 
reconstruction  effort,  begun  in  1992,  is  moving  forward.  Lebanon  receives  substan- 
tial remittances  from  abroad  that  ofTset  its  trade  deficit  and  results  in  a  balance 
of  payments  surplus. 

Since  the  end  of  hostilities,  the  Government  has  taken  some  limited  steps  to  im- 
prove human  rights  conditions  and  serious  problems  remain  in  several  areas.  Mem- 
bers of  the  security  forces  used  excessive  force  and  tortured  some  detainees.  Prison 
conditions  remained  poor.  Government  abuses  also  included  the  arbitrary  arrest  and 
detention  of  persons  who  opposed  government  policies.  Long  delays  in  trials  are  a 
problem.  The  Government  infringed  on  citizens'  privacy  rights.  The  Government 
also  partially  limited  press  freedom,  particularly  by  implementing  the  1996  media 
law  to  restrict  radio  and  television  broadcasting  in  a  discriminatory  manner.  Jour- 
nalists practice  self-censorship.  The  Government  imposes  limits  on  freedom  of  move- 
ment. The  Government  continued  to  restrict  freedom  of  assembly  and  ban  dem- 
onstrations. The  right  of  citizens  to  change  their  government  remains  limited  by 
shortcomings  in  the  electoral  system.  Although  the  1996  parliamentary  elections 
represented  a  step  forward,  the  electoral  process  was  flawed,  as  the  elections  were 
not  prepared  or  carried  out  impartially.  The  Government  decision  to  postpone  mu- 
nicipal elections  until  April  1999  (a  decision  subsequently  overturned  by  the  Con- 
stitutional Council)  infringed  on  citizens'  ability  to  change  their  government  at  the 
local  level.  In  December  the  Parliament  passed  a  law  calling  for  municipal  elections 
in  mid- 1998.  Discrimination  against  women  and  Palestinians,  and  violence  against 
women  are  problems. 

Although  the  overall  level  of  armed  conflict  has  declined  in  recent  years,  life  and 
property,  especially  in  the  south,  are  still  threatened  by  artillery  and  aerial  attacks 
by  the  various  contending  forces.  These  forces  continue  to  commit  abuses,  including 
killings,  terrorist  bombings,  and  abductions. 

The  SLA  maintains  a  separate  and  arbitrary  system  of  justice  in  the  Israeli-con- 
trolled zone,  which  is  independent  of  Lebanese  central  authority.  During  the  year, 
SLA  officials  arbitrarily  arrested,  mistreated,  and  detained  persons,  and  expelled 
several  local  residents  from  their  homes  in  the  zone.  Palestinian  groups  in  refugee 
camps  maintain  a  separate,  arbitrary  system  of  justice  for  other  Palestinians.  Mem- 
bers of  the  various  Palestinian  groups  that  control  the  camps  tortured  and  detained 
their  Palestinian  rivals. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — During  the  year,  political  killings 
declined  as  the  Government  further  consolidated  its  authority  over  the  country. 
However,  there  continued  to  be  reports  of  extrajudicial  killings.  In  January  a  sus- 
pect reportedly  died  while  being  interrogated  by  government  agents;  the  suspect's 
family  members  asserted  that  he  was  beaten  to  death  (see  Section  I.e.).  Also  in  Jan- 
uary, 3  Palestinians,  including  Jihad  Ayyub  of  Yasir  Arafat's  Fatah  movement,  were 
killed  by  unidentified  gunmen  in  the  Ayn  al-Hilwe  refugee  camp.  On  August  23, 
Khalil  Mussawi,  an  Amal  movement  official  in  the  village  of  Arzun  (south  Lebanon), 
was  killed  by  unknown  persons  in  central  Beirut  when  an  explosive  detonated  as 
he  opened  the  trunk  of  his  car. 

In  January  the  Judicial  Council  found  Ahmad  al-Kassem,  Khalid  Mohammad 
Hamed,  and  Munir  Salah  Abbud  guilty  of  the  1995  assassination  of  a  Sunni  cleric. 
Sheikh  Nizar  Al-Halabi.  The  death  sentence  has  carried  out  on  March  24,  after 
President  Elias  Hrawi  refused  an  appeal  for  clemency.  The  other  14  individuals  in- 
volved in  the  case  sentenced  to  prison  terms  ranging  from  10  to  20  years,  or  were 
acquitted  and  released.  In  May  the  Judicial  Council  found  former  Lebanese  Forces 
commander  Samir  Ja'Ja'  guilty  of  attempting  to  kill  then-Minister  of  Defense  Michel 
Al-Murr  in  1991.  Ja'Ja'  has  sentenced  to  death,  but  the  sentence  has  commuted  to 
life  at  hard  labor.  During  January  the  Government  deported  three  Iraqi  diplomat 
suspects  in  the  1994  killing  in  Beirut  of  an  Iraqi  dissident. 

In  December  the  Government  indicted  three  persons  suspected  of  causing  the 
1996  death  of  Akram  Arbeed.  The  suspects  allegedly  beat  Arbeed  while  he  was  ac- 
companying a  candidate  in  the  1996  parliamentary  elections.  There  were  no  devel- 
opments in  the  1994  death  of  Tareq  Hassaniyeh,  who  was  allegedly  beaten  to  death 
by  authorities  in  the  Bayt  Al-Din  prison,  nor  in  the  1994  death  of  Fawzi  Al-Racy, 
who  died  while  in  the  custody  of  the  Ministry  of  Defense. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
The  Government  still  has  taken  no  judicial  action  against  groups  known  to  be  re- 


1515 

sponsible  for  the  kidnapings  of  thousands  of  people  during  the  unrest  between  1975 
and  1990. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
There  continued  to  be  credible  reports  that  security  forces  used  torture  on  some  de- 
tainees. On  January  4,  a  suspect  reportedly  died  while  being  interrogated  by  the 
Drug  Enforcement  Authority.  The  Government  claimed  that  the  suspect  threw  him- 
self from  the  window,  but  the  family  of  the  deceased  asserted  that  he  was  beaten 
to  death.  In  May  unknown  armed  men  severely  beat  a  journalist  who  distributed 
leaflets  critical  of  the  Lebanese  army  (see  Section  2.1.).  No  charges  had  been 
brought  by  year's  end. 

A  1996  court  case  against  three  policemen  accused  of  causing  paralysis  in  a  pris- 
oner in  their  custody  is  still  pending. 

Abuses  also  occurred  in  areas  outside  the  State's  authority,  especially  in  the  Pal- 
estinian refugee  camps.  There  were  credible  reports  that  members  of  the  various 
Palestinian  groups  that  control  the  camps  detained  and  tortured  their  Palestinian 
rivals. 

Prison  conditions  are  poor  and  do  not  meet  minimum  international  standards. 
There  are  only  18  operating  prisons  with  a  total  capacity  of  2,000  inmates.  However, 
prisons  are  overcrowded,  with  a  total  population  of  nearly  5,000.  Inmates  also  lack 
heat  and  adequate  toilet  and  shower  facilities.  The  prison  system  is  regulated  by 
law.  However,  the  Government  has  not  budgeted  funds  to  rehabilitate  the  prison  sys- 
tem. 

In  addition  to  regular  prisons,  the  Surete  Generale,  which  mans  border  posts,  op- 
erates a  detention  facility.  Hundreds  of  foreigners,  mostly  Egyptians  and  Sri 
Lankans,  are  detained  there  pending  deportation.  They  reportedly  are  held  in  small, 

eoorly  ventilated  cells.  Crediole  reports  indicate  that  guards  raped  some  of  the  Sri 
ankan  women  during  their  detention. 

The  Government  does  not  permit  prison  visits  by  human  rights  monitors. 

Hizballah  detains  and  reportedly  mistreats  SLA  members  and  suspected  agents 

at  unknown  locations.  The  South  Lebanon  Army  operates  its  own  detention  facility, 

Al-Khiam  prison,  and  there  are  frequent  allegations  of  mistreatment  of  detainees. 

Both  groups  occasionally  release  prisoners.  The  SLA,  for  example,  released  some 

f)risoners  in  April  and  July.  An  ICRC-brokered  exchange  of  one  SLA  prisoner  for 
our  Hizballah  prisoners  took  place  in  April. 

Hizballah  does  not  permit  prison  visits  by  human  rights  monitors.  The  SLA  does 
not  permit  prison  visits  by  human  rights  monitors,  although  it  has  on  occasion  al- 
lowed the  International  Committee  of  the  Red  Cross  (ICRC)  to  visit  detainees  at  Al- 
Khiam,  for  the  purpose  of  delivering  letters,  medicine,  and  food  from  detainees'  fam- 
ilies. These  visits  have  been  suspended  since  September. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Government  uses  arbitrary  arrest 
and  detention.  The  law  requires  security  forces  to  obtain  warrants  of  arrest  before 
making  arrests.  However,  military  prosecutors,  who  are  responsible  for  cases  involv- 
ing the  military,  as  well  as  those  involving  espionage,  treason,  weapons  possession, 
and  draft  evasion,  make  arrests  without  warrants.  They  reportedly  issue  blank  war- 
rants of  arrest  to  be  completed  after  the  suspect  has  been  arrested.  Arresting  offi- 
cers are  required  to  refer  a  suspect  to  a  prosecutor  within  24  hours  of  arrest,  but 
frequently  do  not  do  so. 

Tne  law  requires  the  authorities  to  release  suspects  after  48  hours  of  arrest  if  no 
formal  charges  are  brought  against  them.  Some  prosecutors  flout  this  requirement 
and  detain  suspects  for  long  periods  in  pretrial  confinement  without  a  court  order. 
The  law  authorizes  judges  to  remand  suspects  to  incommunicado  detention  for  10 
days  with  a  possible  extension  for  an  additional  10  days.  Bail  is  only  available  to 
those  accused  of  petty  crimes,  not  those  accused  of  felonies.  Defendants  have  the 
right  to  legal  counsel,  but  there  is  no  public  defender's  office.  The  Bar  Association 
has  an  office  to  assist  those  who  cannot  afTord  a  lawyer. 

Security  forces  continued  the  practice  of  arbitrary  arrest,  detaining  mainly  the  op- 
ponents of  the  Government.  In  January  security  forces  arrested  the  financial  man- 
ager of  a  hotel  in  Beirut,  a  Jordanian  national,  releasing  him  after  23  days  of  cap- 
tivity. No  charges  were  brought  against  him. 

In  February  military  police  arrested  a  journalist  who  was  covering  elections  at  a 
Lebanese  university.  The  journalist  was  accused  of  taking  pictures  of  army  person- 
nel inside  the  university.  He  was  released  after  the  army  took  the  camera  and  de- 
stroyed the  film. 

In  April  security  forces  arrested  several  members  of  a  labor  union  who  were  gath- 
ered in  the  labor  union  office  in  Sidon  to  conduct  elections  of  the  labor  union  rep- 
resentatives. Twenty-six  persons  were  arrested,  including  journalists  covering  the 
elections.  All  of  those  arrested  were  released  within  a  few  hours. 


1516 

Human  rights  groups  credibly  report  that  detained  persons  are  sometimes  trans- 
ferred to  Syrian  custody  and  imprisoned  in  Syria.  The  number  of  such  persons  can- 
not be  determined  accurately,  but  President  Hrawi  in  a  televised  interview  last  year 
stated  that  210  Lebanese  were  in  Syrian  custody. 

The  authorities  often  detain  for  short  periods  and  without  charges  political  oppo- 
nents of  the  Syrian  and  Lebanese  governments. 

Local  mUitias  and  non-Lebanese  forces  continued  to  conduct  arbitrary  arrests  in 
areas  outside  central  goveroment  control.  The  SLA  detains  an  estimated  150  Leba- 
nese citizens  and  an  undetermined  number  of  Palestinians  at  Al-Khiam  prison  in 
the  south. 

In  June  Hizballah's  security  apparatus  detained  three  UNIFIL  servicemen  in  the 
southern  suburbs  of  Beirut  who  were  taking  photographs  of  flags.  The  three  were 
released  after  10  hours.  The  Government  did  not  take  any  punitive  action  ageiinst 
Hizballah.  An  SLA  member  kidnaped  in  1996  was  released  during  a  prisoner  ex- 
change in  October  1996. 

Syrian  forces  reportedly  detain  persons. 

In  July  the  Israeli  navy  detained  five  fishermen  off  the  coast  of  Tyre  in  south  Leb- 
anon. On  July  3,  Israeli  forces  detained  a  journalist,  reportedly  on  suspicion  of  col- 
laboration with  Hizballah.  The  journalist  has  released  on  August  7.  Israel  holds  sev- 
eral Lebanese  citizens,  including  Sheikh  Abed  al-Karim  Obaid  and  Mustafa  Dirani, 
figures  associated  with  the  Islamic  Resistance. 

Palestinian  refugees  are  subject  to  arrest,  detention,  and  harassment  by  the  state 
security  forces,  Syrian  forces,  various  militias,  and  rival  Palestinians. 

Exile  as  a  form  of  punishment  is  not  regularly  practiced,  although  in  1991  the 
Government  pardoned  former  army  commander  Gfeneral  Michel  'Awn  and  two  of  his 
aides  on  the  condition  that  they  depart  the  country  and  remain  in  exile  for  5  years. 
'Awn  was  accused  of  usurping  power.  The  5-year  period  ended  in  August  1996  but 
'Awn  remains  in  France. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  generally  impartial  and  independ- 
ent. However,  influential  politicians  and  Syrian  intelligence  officers  sometimes  in- 
tervene to  protect  their  supporters  from  prosecution. 

The  judicial  system  is  composed  of  the  regular  civilian  courts,  the  Military  Court, 
which  tries  cases  involving  military  personnel  and  military-belated  issues,  the  Judi- 
cial Council,  which  tries  national  security  offenses,  and  the  tribunals  of  the  various 
confessions,  i.e.,  religious  afliliations,  which  adjudicate  disputes  including  marriage, 
inheritance,  and  personal  status. 

The  Judicial  Council  is  a  permanent  tribunal  of  five  senior  judges  that  adjudicates 
threats  to  national  security.  On  the  recommendation  of  the  Minister  of  Justice,  the 
Cabinet  decides  whether  to  try  a  case  before  this  tribunal. 

The  Ministry  of  Justice  appoints  judges  according  to  a  formula  based  on  the  con- 
fessional, i.e.,  the  religious  affiliation,  of  the  prospective  judge.  The  shortage  of 
judges  has  impeded  efforts  to  adjudicate  cases  backlogged  during  the  years  of  inter- 
nal conflicts.  Trial  delays  are  also  caused  by  the  Government's  inability  to  conduct 
investigations  in  areas  outside  its  control.  Defendants  have  the  right  to  examine  evi- 
dence against  them.  The  testimony  of  a  women  is  equal  to  that  of  a  man. 

Hizballah  applies  Islamic  law  in  areas  under  its  control.  Palestinian  groups  in  ref- 
ugee camps  operate  an  autonomous  and  arbitrary  system  of  justice.  The  SLA  main- 
tains a  separate  and  arbitrary  system  of  justice. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — ^While 
the  authorities  generally  show  little  interest  in  controlling  the  personal  lives  of  citi- 
zens, they  readily  interfere  with  the  privacy  of  persons  regarded  as  foes  of  the  Gov- 
ernment. Laws  require  that  prosecutors  obtain  warrants  before  entering  houses  ex- 
cept when  the  army  is  in  hot  pursuit  of  an  armed  attacker. 

The  Government  uses  informer  networks  and  monitors  telephones  to  gather  infor- 
mation on  its  adversaries.  The  army  Intelligence  Service  monitors  the  movements 
and  activities  of  members  of  opposition  groups  (see  Section  2.b.).  In  May  cabinet 
ministers  conceded  for  the  first  time  that  telephone  calls  were  being  tapped.  The 
Prime  Minister  publicly  stated  that  he  is  among  those  whose  telephones  are  tapped. 
The  Speaker  of  Parliament  alleged  that  cellular  calls  are  also  tapped  and  that  more 
than  one  wing  of  the  security  services  was  involved.  The  Speaker  formed  a  par- 
liamentary commission  to  investigate  the  subject. 

Militias  and  non-Lebanese  forces  operating  outside  areas  of  central  government 
authority  have  frequently  violated  rights  of  privacy.  Various  factions  also  use  in- 
former networks  and  monitor  telephones  to  obtain  information  on  their  adversaries. 

On  March  28,  the  SLA  expelled  a  woman  from  the  village  of  Hasbayya. 

In  August  Israeli  forces  expelled  a  Lebanese  woman  and  her  five  children  from 
their  home  in  Qleia  village. 


1517 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— An  undetermined  number  of  civilians  continued  to  be  killed  in  south  Leb- 
anon, as  Hizballah,  Palestinian  guerrillas,  and  to  a  much  lesser  extent  the  Lebanese 
army  on  the  one  hand,  and  Israeli  forces  and  the  SLA  on  the  other,  engaged  in  re- 
curring cycles  of  violence.  Hizballah  attacked  SLA  and  Israeli  troops  deployed  on 
Lebanese  soil.  Hizballah  (and  possibly  armed  Palestinian  groups)  also  launched 
rocket  attacks  against  northern  Israel.  Israeli  forces  conducted  repeated  air  strikes 
and  artillery  barrages  on  Hizballah,  Lebanese  army  and  Palestinian  targets  inside 
Lebanon. 

There  were  numerous  incidents  in  the  cycle  of  attack  and  reprisals.  On  August 
18,  a  roadside  bomb  exploded  near  Kfar  Houne  in  an  SLA-controlled  area,  killing 
two  teenage  relatives  of  an  SLA  commander.  The  SLA  retaliated  by  shelling  the  city 
of  Sidon,  killing  six  civilians  and  injuring  dozens  of  others.  The  Lebanese  army  re- 
sponded by  shelling  the  SLA  positions,  and  Hizballah  later  fired  Katyusha  rockets 
into  northern  Israel. 

On  November  23,  mortar  attacks  by  Lebanese  guerrillas  killed  nine  Lebanese  ci- 
vilians in  the  city  of  Beit  LiP  in  the  Israeli  security  zone.  Following  its  investigation 
the  attack,  the  Israeli-Lebanon  Monitoring  Group  (ILMG)  determined  that  "armed 
elements"  were  responsible  for  the  attack. 

In  February  the  Israeli  air  force  raided  Baalbek  and  hit  the  building  of 
Hizballah's  "Voice  of  the  Oppressed"  radio  station.  In  August  Israeli  jets  destroyed 
an  electrical  pylon  south  oi  Beirut.  In  September  12  Israeli  commandos  were  killed 
by  an  explosion  and  subse<juent  firefight  with  Lebanese  army,  Hizballah,  and  Amal 
forces  during  a  nighttime  mcursion  by  Israel  into  the  central  coastal  region.  Later 
the  same  month  Israel  fired  on  Lebanese  army  personnel  carriers,  killing  6  soldiers. 

The  ILMG  continued  to  deal  with  alleged  violations  of  the  understanding  between 
Israel  and  Hizballah  not  to  target  civilians  or  launch  attacks  from  civilian-populated 
areas. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  the 
press,  but  the  Government  partially  limits  this  right  in  practice,  particularly  by  in- 
timidating journalists  and  broadcasters  into  practicing  self-censorship.  The  Govern- 
ment imposes  direct  censorship  on  satellite  broadcasts  originating  in  Lebanon. 

Lebanon  has  a  long  history  of  freedom  of  opinion,  speech,  and  the  press.  Although 
there  were  repeated  attempts  to  restrict  these  freedoms  during  the  year,  daily  criti- 
cism of  government  policies  and  leaders  continued.  Dozens  of  newspap)ers  are  pub- 
lished throughout  the  country,  financed  by  various  Lebanese  and  foreign  groups. 
While  the  press  is  normally  independent,  press  content  often  refiects  the  opinions 
of  these  financial  backers. 

The  Government  has  several  tools  at  its  disposal  to  control  freedom  of  expression. 
The  Surete  Generale  is  authorized  to  approve  all  foreign  magazines  and  non-periodi- 
cal works  including  plays,  books,  and  films  before  they  are  distributed  in  the  mar- 
ket. The  law  prohibits  attacks  on  the  dignity  of  the  Head  of  State  or  foreign  leaders. 
The  Government  may  prosecute  offending  journalists  and  publications  in  the  Publi- 
cations Court,  a  special  court  empowered  to  try  such  matters. 

Moreover,  the  1991  security  agreement  between  Lebanon  and  Syria  contains  a 

f)royision  that  effectively  prohibits  the  publication  of  any  information  deemed  harm- 
ul  to  the  security  of  either  state.  In  view  of  the  risk  oi  prosecution,  Lebanese  jour- 
nalists censor  themselves  on  matters  related  to  Syria. 

During  the  year,  the  Government  severely  attacked  press  freedoms  by  filing 
charges  against  several  newspapers.  In  April  a  weekly  (Haramun)  was  charged  with 
defaming  the  President  and  publishing  materials  deemed  disturbing  to  the  nation's 
standards.  In  June  two  newspapers  (Al-Diyar  and  Al-Kifah  Al-Arabi)  were  charged 
with  defaming  the  Prime  Minister,  and  with  publishing  a  cartoon  that  harmed  the 
judiciary.  In  April  the  Publications  Court  sentenced  the  editor  in  chief  of  the  daily 
Al-Kifah  Al-Arabi  to  pay  a  fine  of  $30,000  for  publishing  an  article  deemed  insulting 
to  the  King  of  Saudi  Arabia.  Another  court  fined  two  journalists  at  the  Nida'  Af- 
Watan  daily  and  the  newspaper's  administration  $10,000  for  defamation,  and  or- 
dered them  to  pay  compensation  to  state-run  television  Tele-Liban.  The  two  journal- 
ists had  accused  Tele-Liban  and  its  chairman  of  embezzlement. 

In  May  journalist  Pierre  Attalah  was  indicted  by  a  military  investigating  judge 
for  having  distributed  leaflets  that  harmed  the  Lebanese  army's  reputation.  The 
same  day  he  was  severely  beaten  by  unknown  armed  elements,  Attallah  later  flew 
to  France  to  seek  political  asylum.  A  court  hearing  on  the  case  is  ongoing. 

In  implementing  the  1994  Media  Law,  the  Government  closed  down  many  of  the 
myriad  television  and  radio  stations  that  had  sprung  up  during  the  civil  war,  grant- 
ing licenses  to  those  stations  owned  by  or  closely  associated  with  powerful  govern- 


1518 

ment  officials.  In  July,  facing  mounting  protests,  it  granted  licenses  to  several  addi- 
tional radio  and  television  stations,  including  a  Hizballah-run  television  station, 
that  had  been  operating  without  a  license.  The  decision  raised  the  total  number  of 
licensed  television  and  radio  stations  to  25. 

In  February  the  Surete  Generale  suspended  for  2  weeks  the  staging  of  a  play.  The 
play  was  subsequently  authorized,  after  the  author  made  changes  in  the  dialogue. 

Between  August  and  September,  the  censorship  authority  oT  the  Government's 
Surete  Generale  blocked  television  transmission  of  three  different  items.  One  of  the 
items,  a  music  video  called  "We've  Got  to  Change  the  System,"  was  subsequently 
allowed  to  be  broadcast,  but  two  taped  interviews  with  former  political  figures  re- 
mained banned. 

Lebanon  has  a  strong  tradition  of  academic  freedom  and  a  flourishing  private  edu- 
cational system  bom  of  inadequate  public  schools  and  a  preference  for  sectarian  af- 
filiation. Students  exercise  the  right  to  form  campus  associations  and  the  Govern- 
ment usually  does  not  interfere  with  students  groups. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Although  the  Constitution  pro- 
vides for  freedom  of  assembly,  the  Government  restricts  this  right.  Any  group  wish- 
ing to  organize  a  rally  must  obtain  the  prior  approval  of  the  Interior  Ministry,  which 
does  not  render  decisions  uniformly.  In  1997  the  Government  again  banned  all  ral- 
lies, but  various  political  factions,  such  as  Amal,  Hizballah,  "Awnists,  and  support- 
ers of  the  Prime  Minister  held  rallies  without  obtaining  government  permission. 

In  August  the  Government  interfered  with  a  rally  in  support  of  early  municipal 
elections  by  closing  down  the  meeting  place  and  sending  a  large  number  of  security 
forces  to  the  alternate  rally  site.  However,  it  did  not  break  up  the  rally,  which  was 
attended  by  several  parliamentary  deputies. 

The  Constitution  provides  for  freeaom  of  association.  The  Government  generally 
respects  this  right;  however,  there  were  exceptions  during  the  year. 

In  general  the  Government  does  not  interfere  with  the  establishment  of  private 
organizations.  The  law  requires  that  persons  forming  organizations  notify  the  Inte- 
rior Ministry,  which  should  then  issue  a  "receipt"  acknowledging  that  proper  notifi- 
cation was  given.  In  practice  the  "receipt"  has  evolved  into  a  permit,  which  can  be 
withheld  at  the  whim  of  the  Ministry.  The  Bar  Association  in  April  criticized  the 
current  practice  but  did  not  provide  examples  of  groups  that  had  been  denied  a  per- 
mit this  year. 

The  Ministry  of  Interior  also  scrutinizes  requests  to  establish  political  movements 
or  parties,  and  to  some  extent  monitors  their  activities.  The  army  Intelligence  Serv- 
ice monitors  the  movement  and  activities  of  members  of  opposition  groups. 

Neither  Syria  nor  Israel  allows  groups  openly  hostile  to  them  to  operate  in  areas 
under  their  control. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights,  and  the  Government  gen- 
erally respects  them  in  practice.  However,  there  are  some  limitations.  Travel  to  Is- 
rael is  prohibited  by  law,  but  frequently  occurs  via  Israeli-occupied  territory  in 
southern  Lebanon.  All  males  between  18  and  21  years  of  age  are  subject  to  compul- 
sory military  service  and  are  required  to  register  at  a  recruitment  oftice  and  obtain 
a  travel  authorization  document  before  leaving  the  country.  Husbands  may  block 
foreign  travel  by  their  wives  and  minor  children. 

Lebanese  Armed  Forces  and  Syrian  troops  maintain  checkpoints  in  areas  under 
their  control.  In  south  Lebanon,  the  Lebanese  army,  the  Israeli  army,  and  the  SLA 
maintain  tight  restrictions  on  the  movement  of  people  and  goods  into  and  out  of  Is- 
rael's self-declared  security  zone. 

There  are  no  legal  restrictions  on  the  right  of  all  citizens  to  return.  Many  emigres, 
however,  are  reluctant  to  return  for  a  variety  of  political,  economic,  and  social  rea- 
sons. After  years  of  internal  conflict,  the  recent  expansion  of  governmental  authority 
has  removed  barriers  that  previously  hindered  domestic  travel.  The  Government  has 
encouraged  the  return  to  tneir  homes  of  over  600,000  persons  displaced  during  the 
civil  war.  Although  some  people  have  began  to  reclaim  homes  abandoned  or  dam- 
aged during  the  war,  the  vast  majority  of  displaced  persons  have  not  attempted  to 
reclaim  and  rehabilitate  their  property.  The  resettlement  process  is  slowed  by  tight 
budgetary  constraints,  shattered  infrastructure,  the  lack  oi  schools  and  economic  op- 
portunities, and  the  fear  that  physical  security  is  still  incomplete  in  some  parts  of 
the  country. 

Most  non-Lebanese  refugees  are  Palestinians.  The  United  Nations  Relief  and 
Works  Agency  (UNRWA)  reported  that  the  number  of  Palestinian  refugees  in  Leb- 
anon registered  with  UNRWA  was  352,668.  This  figure,  while  it  includes  only  the 
families  of  refugees  who  arrived  in  1948,  is  also  presumed  to  include  many  thou- 


1519 

sands  who  currently  reside  outside  the  country.  Most  experts  estimate  the  actual 
number  now  in  Lebanon  to  be  fewer  than  300,000. 

The  Government  issues  laissez-passers  (travel  documents)  to  Palestinian  refugees 
to  enable  them  to  travel  and  work  abroad.  However,  after  the  Government  of  Libya 
announced  in  September  1995  its  intention  to  expel  Palestinians  working  in  that 
country,  the  Lebanese  government  moved  to  prohibit  the  return  of  Palestinians  liv- 
ing abroad  unless  they  obtain  an  entry  visa.  The  Government  maintained  that  the 
visa  requirement  is  necessary  to  ensure  the  validity  of  Lebanese  laissez-passers,  as 
a  large  number  of  those  documents  were  forged  during  the  years  of  strife.  The  efTect 
has  been  to  discourage  foreign  travel  by  Palestinians  resident  in  Lebanon. 

The  Government  seeks  to  prevent  the  entry  of  asylum  seekers  and  undocumented 
refugees.  There  have  been  no  known  asylum  requests  since  1975.  There  are  legal 
provisions  for  granting  asylum  or  refugee  status  in  accordance  with  the  1951  U.N. 
Convention  Relating  to  the  Status  of  Refugees  and  its  1967  Protocol.  The  Govern- 
ment cooperates  witn  the  office  of  the  United  Nations  High  Commissioner  for  Refu- 
gees (UNHCR)  and  the  UNRWA. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  states  that  citizens  have  the  right  to  change  their  government 
in  periodic  free  and  fair  elections.  However,  lack  of  government  control  of  parts  of 
the  country,  defects  in  the  electoral  process,  and  strong  Syrian  influence  over  Leba- 
nese politics  and  decision-makers  significantly  restrict  this  right.  The  1996  par- 
liamentary elections  represented  a  step  forward,  but  the  electoral  process  was 
flawed  by  serious  shortcomings,  as  the  elections  were  not  prepared  or  carried  out 
impartially.  Government  officials  acknowledged  some  of  the  electoral  shortcomings 
and  pledged  to  correct  them  in  future  elections.  Several  losing  candidates  submitted 
challenges  to  the  Constitutional  Council  which,  in  four  separate  cases,  ruled  that 
the  election  results  were  invalid.  The  Government  conducted  by-elections  for  those 
seats  on  June  29. 

According  to  the  Constitution,  elections  for  the  Parliament  must  be  held  every  4 
years.  The  Parliament,  in  turn,  elects  the  President  every  6  years.  The  President 
and  Parliament  nominate  the  Prime  Minister,  who  with  the  President  chooses  the 
Cabinet.  According  to  the  unwritten  "National  Pact  of  1943,"  the  President  is 
Maronite  Christian,  the  Prime  Minister  a  Sunni  Muslim,  and  the  Speaker  of  Par- 
liament a  Shi'a  Muslim.  Until  1990  seats  in  Parliament  were  divided  on  a  6  to  5 
ratio  of  Christians  to  Muslims.  Positions  in  the  Government  were  allocated  on  a 
similar  basis  between  Christians  and  Muslims.  Under  the  National  Reconciliation 
Agreement  reached  in  Taif,  Saudi  Arabia  in  1989,  Members  of  Parliament  agreed 
to  alter  the  national  pact  to  create  a  50-50  balance  between  Christian  and  Muslim 
members  of  parliament.  The  Taif  Accord  also  increased  the  number  of  seats  in  par- 
liament and  transferred  some  powers  from  the  President  to  the  Prime  Minister  and 
Cabinet. 

Citizens'  ability  to  change  their  government  on  a  local  level  was  undermined  by 
a  decision  taken  by  Parliament  in  July  to  extend  the  term  in  ofTice  of  municipal  offi- 
cials to  April  30,  1999.  Municipal  elections  have  not  been  held  since  1963.  Many 
serving  officials  are  elderly  or  have  been  appointed  by  the  central  Government.  The 
decision  to  extend  municipal  terms  was  challenged  by  14  parliamentarians,  and  the 
Constitutional  Council  ruled  on  September  13  that  the  extension  was  invalid.  The 
Government  responded  to  the  ruling  by  declaring  existing  municipal  officials  short 
term  "caretakers."  The  Parliament  in  December  passed  a  law  calling  for  municipal 
elections  in  mid-1998. 

Women  have  the  right  to  vote  and  there  are  no  legal  barriers  to  their  participa- 
tion in  politics,  although  there  are  significant  cultural  barriers.  No  women  nold  cabi- 
net positions.  Three  women  were  elected  to  Parliament  in  1996. 

Palestinian  refugees  have  no  political  rights.  An  estimated  17  Palestinian  factions 
operate  in  Lebanon,  generally  organized  around  prominent  individuals.  Most  Pal- 
estinians live  in  refugee  camps  controlled  by  one  or  more  factions.  The  leaders  of 
the  refugees  are  not  elected,  nor  are  there  any  democratically  organized  institutions 
in  the  camps. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Several  human  rights  groups  operate  freely  without  overt  government  restriction, 
including  the  Lebanese  Association  for  Human  Rights,  the  Foundation  for  Human 
and  Humanitarian  Rights-Lebanon,  and  the  National  Association  for  the  Rights  of 
the  Disabled.  Some  of^these  groups  have  sought  to  publicize  the  detention  in  Syria 
of  hundreds  of  Lebanese  citizens.  The  Government  has  made  no  public  comment  on 


1520 

the  issue.  The  number  of  such  jiersons  cannot  be  determined  accurately,  but  on  No- 
vember 24,  1996  President  Hrawi  stated  that  210  Lebanese  were  in  Syrian  custody. 
Some  human  rights  croups  have  reported  harassment  and  intimidation  by  govern- 
ment, Syrian,  and  militia  forces. 

In  general  the  Government  is  unwilling  to  discuss  human  rights  problems  with 
foreign  governmental  or  nongovernmental  organizations.  However,  it  nas  facilitated 
visits  to  the  country  of  Amnesty  International  teams  to  report  on  Israeli  activities 
in  south  Lebanon. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  calls  for  "social  justice  and  equality  of  duties  and  rights  among 
all  citizens  without  prejudice  or  favoritism."  In  practice,  aspects  of  the  law  and  tra- 
ditional mores  discriminate  against  women.  Religious  discrimination  is  built  into 
the  electoral  system.  In  February  the  Parliament  approved  a  law  giving  preference 
to  disabled  persons  for  employment  in  government  positions.  Discrimination  based 
on  the  other  listed  factors  is  illegal,  and  is  not  widespread. 

Women. — The  press  reports  cases  of  rape  with  increasing  frequency;  what  is  re- 
ported is  thought  to  be  only  a  fraction  of  the  actual  number.  There  are  no  authori- 
tative statistics  on  the  extent  of  spousal  abuse.  Most  experts  agree  that  the  problem 
affects  a  significant  portion  of  the  female  population.  In  general  battered  or  abused 
women  do  not  talk  about  their  suffering  for  fear  of  brinmng  shame  upon  their  own 
families  or  accusations  of  misbehavior  upon  themselves.  Doctors  and  social  workers 
believe  that  most  abused  women  do  not  seek  medical  help.  The  Government  has  no 
separate  program  to  provide  medical  assistance  to  battered  women.  It  does  provide 
legal  assistance  to  victims  of  crimes  who  cannot  afford  it  regardless  of  the  gender 
of  the  victim.  The  Lebanese  Association  for  Combating  Violence  Against  Women, 
founded  in  1994,  has  been  active  in  lobbying  to  improve  the  socio-economic  condition 
of  women  and  to  reduce  violence  against  women.  In  September  it  that  announced 
it  was  seeking  funding  to  build  a  shelter  for  abused  women. 

The  legal  system  is  discriminatory  in  its  handling  of  "crimes  of  honor."  According 
to  the  Penal  Code,  a  man  who  kills  his  wife  or  other  female  relative  may  receive 
a  reduced  sentence  if  he  demonstrates  that  he  committed  the  crime  in  response  to 
an  illegitimate  sexual  relationship  conducted  by  the  victim.  Since  1991,  however, 
the  Government  has  begun  to  increase  sentences  on  violent  crimes  in  general  and 
to  seek  punishment  for  men  who  commit  "crimes  of  honor." 

Women  have  employment  opportunities  in  government,  medicine,  law,  academia, 
the  arts,  and  to  a  lesser  degree,  in  business.  However,  social  pressure  against 
women  pursuing  careers  is  strong  in  some  parts  of  society.  Males  sometimes  exer- 
cise considerable  control  over  female  relatives,  restricting  their  activities  outside  the 
home  or  their  contact  with  friends  and  relatives.  Women  may  own  property  but 
often  cede  effective  control  of  it  to  male  relatives  for  cultural  reasons.  In  1994  the 
Parliament  removed  a  legal  stipulation  that  a  woman  must  obtain  her  husband's 
approval  to  open  a  business  or  engage  in  a  trade.  Husbands  may  block  foreign  travel 
by  their  wives  (see  Section  2.d.). 

Only  men  may  confer  citizenship  on  their  spouses  and  children.  Accordingly,  chil- 
dren bom  to  Lebanese  mothers  and  foreign  fathers  are  not  eligible  for  Lebanese  citi- 
zenship. In  late  1995,  the  Parliament  approved  a  law  allowing  Lebanese  widows  to 
confer  citizenship  on  their  minor  children. 

Religious  groups  have  their  own  family  and  personal  status  laws  administered  by 
religious  courts.  Each  group  differs  in  its  treatment  of  marriage,  family  property 
rights,  and  inheritance.  Many  of  these  laws  discriminate  against  women.  For  exam- 

{)le,  Sunni  inheritance  law  gives  a  son  twice  the  share  of  a  daughter.  Although  Mus- 
im  men  may  divorce  easily,  Muslim  women  may  do  so  only  with  the  concurrence 
of  their  husbands. 

Children. — The  plight  of  children  is  a  growing  concern,  but  the  Government  has 
not  allocated  funds  to  protect  them.  Education  is  not  compulsory,  and  many  children 
take  jobs  at  a  young  age  to  help  support  their  families.  In  lower  income  families, 
boys  generally  get  more  education,  wnile  girls  usually  remain  at  home  to  do  house- 
work. 

An  undetermined  number  of  children  are  neglected,  abused,  exploited,  and  even 
sold  to  adoption  agents.  There  are  hundreds  oT  abandoned  children  in  the  streets 
nationwide,  some  of  whom  survive  by  begging,  others  by  working  at  low  wages.  Ac- 
cording to  a  UNICEF  study,  60  percent  of  working  children  are  below  13  years  of 
age  and  75  percent  of  them  earn  wages  below  two-tnirds  of  the  minimum  wage.  Ju- 
venile delinquency  is  on  the  rise;  many  delinquents  wait  in  ordinary  prisons  for  trial 
and  remain  there  after  sentencing.  Although  their  number  is  very  small,  there  is 
no  adequate  place  to  hold  delinquent  girls,  and  they  are  currently  held  in  the  wom- 


1521 

en's  prison  in  Ba'abda.  Limited  financial  resources  have  hindered  efforts  to  build 
adequate  facilities  to  rehabilitate  delinquents.  However,  the  Higher  Relief  Commit- 
tee allotted  some  financial  resources  to  the  association  for  the  protection  of  juveniles 
to  lease  a  two-story  building  in  Ba'asir  in  order  to  accommodate  50  juvenile 
delinquents. 

There  are  neither  child  welfare  programs  nor  government  institutions  to  oversee 
the  implementation  of  children's  programs.  The  Committee  for  Children's  Rights, 
formed  in  1993  by  prominent  politicians  and  private  citizens,  has  been  lobbying  for 
legislation  to  improve  the  condition  of  children.  The  Ministry  of  Health  requires  the 
establishment  of  health  records  for  every  child  up  to  18  years  of  age. 

People  With  Disabilities. — Over  100,000  people  sustained  disabilities  during  the 
civil  war.  Care  of  the  disabled  is  generally  a  function  performed  by  families.  Most 
efforts  to  secure  education,  independence,  health,  and  shelter  for  the  disabled  are 
made  by  some  100  private  organizations  for  the  disabled.  In  general,  these  organiza- 
tions are  poorly  fianded. 

Lebanon's  heavily  damaged  cities  make  no  accommodation  for  the  disabled.  Build- 
ing codes  have  no  requirements  for  ease  of  access,  though  the  Government  in  its 
rebuilding  projects  has  constructed  sidewalks  in  some  parts  of  Beirut  allowing  ac- 
cess for  disabled.  The  private  "Solidere"  project  for  the  reconstruction  of  downtown 
Beirut  has  self-imposed  requirements  for  disabled  access.  This  project  is  widely  con- 
sidered a  model  for  future  construction  efforts  around  the  country. 

Religious  Minorities. — Discrimination  based  on  religion  is  built  into  the  system  of 
government  (see  Section  3).  The  Amended  Constitution  of  1990  embraces  the  prin- 
ciple of  abolishing  religious  affiliation  as  a  criterion  for  filling  all  government  posi- 
tions, but  few  practical  steps  have  been  taken  to  accomplish  this.  One  notable  excep- 
tion is  the  Lebanese  Armed  Forces,  which  through  universal  conscription  and  an 
emphasis  on  professionalism  has  significantly  reduced  the  role  of  confessionalism  (or 
religious  sectarianism)  in  that  organization.  Each  religious  affiliation  has  its  own 
courts  for  family  law  matters,  such  as  marriage,  divorce,  child  custody,  and  inherit- 
ance. 

National  / Racial  / Ethnic  Minorities. — ^According  to  the  United  Nations,  an  esti- 
mated 350,000  Palestinian  refugees  are  registered  in  Lebanon  (see  Section  2.d.). 
Most  Palestinian  refugees  live  in  overpopulated  camps  that  have  suffered  repeated 
heavy  damage  as  a  result  of  fighting.  The  Government  has  instructed  relief  workers 
to  suspend  reconstruction  work  in  the  camps,  and  refugees  fear  that  in  the  future 
the  Government  may  reduce  the  size  of  the  camps  or  eliminate  them  completely. 

The  Government  officially  ended  its  practice  of  denying  work  permits  to  Palestin- 
ians in  1991;  however,  in  practice,  very  few  Palestinians  receive  work  permits.  Pal- 
estinians still  encounter  job  discrimination,  and  those  who  find  work  at  all  are  fun- 
neled  into  unskilled  occupations.  They  and  other  aliens  may  own  land  of  a  limited 
size  but  only  after  obtaining  the  approval  of  five  different  district  offices.  The  law 
applies  to  all  aliens,  but  for  political,  cultural,  and  economic  reasons  it  is  applied 
in  a  manner  disadvantageous  to  Palestinians  and,  to  a  lesser  extent,  Kurds.  The 
Government  does  not  provide  health  services  to  Palestinian  refugees,  who  must  rely 
on  U.N.  Relief  and  Works  Agency  (UNRWA)  and  UNRWA-contracted  private  hos- 
pitals. 

In  recent  years,  Palestinian  incomes  have  declined  as  the  Palestinian  Liberation 
Organization  closed  many  of  its  offices  in  Lebanon,  which  formerly  employed  as 
much  as  50  percent  of  the  Palestinian  work  force.  Palestinian  children  have  report- 
edly been  forced  to  leave  school  at  an  early  age  because  U.N.  relief  workers  do  not 
have  sufficient  funds  for  education  programs.  The  U.N.  estimates  that  18  percent 
of  street  children  are  Palestinian.  Drug  addiction  and  crime  reportedly  are  increas- 
ing in  the  camps,  as  is  prostitution. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^AU  workers,  except  government  employees,  may  es- 
tablish and  join  unions  and  have  a  legal  right  to  strike.  Worker  representatives 
must  be  chosen  from  those  employed  within  the  bargaining  unit.  About  900,000  per- 
sons form  the  active  labor  force,  42  percent  of  whom  are  members  of  160  labor 
unions  and  associations.  Twenty-two  of  the  unions,  with  about  2(X),0(X)  workers,  are 
represented  in  the  General  Confederation  of  Labor. 

In  general  the  Government  does  not  control  or  restrict  unions,  although  union 
leaders  allege  that  the  Government  has  tried  to  intervene  in  elections  for  union  offi- 
cials. 

Palestinian  refugees  may  organize  their  own  unions,  but  restrictions  on  their 
right  to  work  make  this  right  more  theoretical  than  real.  Few  Palestinians  partici- 
pate actively  in  trade  unions. 


1522 

Unions  are  free  to  affiliate  with  international  federations  and  confederations,  and 
they  maintain  a  variety  of  such  afiiliations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  right  of  workers  to  orga- 
nize and  to  bargain  exists  in  law  and  practice.  Most  worker  groups  engage  in  some 
form  of  collective  bargaining  with  their  employers.  Stronger  federations  obtain  sig- 
nificant gains  for  their  members,  and  on  occasion  have  assisted  nonunionized  work- 
ers. There  is  no  government  mechanism  to  promote  voluntary  labor-management 
negotiations,  and  woricers  have  no  protection  against  antiunion  discrimination.  The 
Government's  ban  on  demonstrations  arguably  diminishes  unions'  bargaining  power. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  labor  is  not  prohibited  by 
law.  In  the  absence  of  a  prohibition  against  it,  children,  foreign  domestic  servants, 
and  other  foreign  workers  are  sometimes  forced  to  remain  in  situations  amounting 
to  coerced  or  bonded  labor. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  1946 
Labor  Code  stipulates  that  workers  between  the  ages  of  8  and  16  may  not  work 
more  than  7  hours  a  day,  with  1  hour  for  rest  provided  after  4  hours.  They  are  also 
prohibited  from  working  between  the  hours  of  7  p.m.  and  6  a.m.  There  is  a  general 
prohibition  against  "jobs  out  of  proportion  with  worker's  age."  The  Code  also  pro- 
hibits certain  types  of  mechanical  work  for  children  between  the  ages  8  and  13,  and 
other  types  for  those  between  the  ages  13  and  16.  The  Labor  Ministry  is  tasked  with 
enforcing  these  requirements,  but  the  civil  war  left  it  with  few  resources  and  a  de- 
moralized and  sometimes  corrupt  staff.  The  Ministry  does  not  rigorously  apply  the 
law.  Forced  and  bonded  child  labor  is  not  prohibited  and  sometimes  occurs  (see  Sec- 
tion 6.C.). 

e.  Acceptable  Conditions  of  Work. — The  Government  sets  a  legal  minimum  wage, 
currently  about  $200  (300,000  Lebanese  pounds)  per  month.  The  law  is  not  enforced 
effectively  in  the  private  sector.  In  theory  the  courts  could  be  called  upon  to  enforce 
it,  but  in  practice  they  are  not.  The  minimum  wage  is  insufiicient  to  provide  a  de- 
cent standard  of  living  for  a  worker  and  family.  Trade  unions  actively  try  to  ensure 
the  payment  of  minimum  wages  in  both  the  public  sector  and  the  large-scale  private 
sector,  such  as  education  and  transport. 

The  Labor  Law  prescribes  a  standard  6-day  workweek  of  48  hours,  with  a  24-hour 
rest  period  per  week.  In  practice  workers  in  the  industrial  sector  work  an  average 
of  35  hours  a  week,  and  workers  in  other  sectors  work  an  average  of  30  hours  a 
week.  The  law  includes  specific  occupational  health  and  safety  regulations.  Labor 
regulations  call  on  employers  to  take  adequate  precautions  for  employee  safety.  En- 
forcement, the  responsibility  of  the  Labor  Ministry,  is  uneven.  Labor  organizers  re- 
port that  workers  do  not  have  the  right  to  remove  themselves  from  hazardous  condi- 
tions without  jeopardizing  their  continued  employment. 


LIBYA 


The  Socialist  People's  Libyan  Arab  Jamahiriya  is  a  dictatorship  that  has  been 
ruled  by  Colonel  Mu  ammar  Al-Qadhafi  (the  "Brother  Leader  and  Guide  of  the  Revo- 
lution") since  1969,  when  he  led  a  military  coup  to  overthrow  King  Idris  I.  ^  Borrow- 
ing from  Islamic  and  pan-Arab  ideas,  Qadhafi  created  a  political  system  that  rejects 
democracy  and  political  parties  and  purports  to  establish  a  "third  way"  superior  to 
capitalism  and  Communism.  Libya's  governing  principles  are  predominantly  derived 
from  Qadhafi's  "Green  Book."  In  theory  Libya  is  ruled  by  the  citizenry  through  a 
series  of  popular  congresses,  as  laid  out  in  the  Constitutional  Proclamation  of  1969 
and  the  Declaration  on  the  Establishment  of  the  Authority  of  the  People  of  1977, 
but  in  practice  Qadhafi  and  his  inner  circle  control  political  power.  Qadhafi  is  aided 
by  extragovem mental  organizations — Revolutionary  Committees  and  a  Comrades 
Organization — that  exercise  control  over  most  aspects  of  citizens'  lives.  He  uses 
extrajudicial  killing  and  intimidation  to  control  the  opposition  abroad  and  summary 
judicial  proceedings  to  suppress  it  at  home.  The  Government  continues  to  repress 
banned  Islamic  groups  and  exercises  tight  control  over  ethnic  and  tribal  minorities, 
such  as  Berbers  and  the  Warfalla  tribe.  The  judiciary  is  not  independent  of  the  Gov- 
ernment. 

Colonel  Qadhafi  publicly  called  for  violence  against  opponents  of  his  regime  after 
violent  clashes  between  Islamic  activists  and  security  forces  in  Benghazi  in  Septem- 


^The  United  States  has  no  oflicial  presence  in  Libya.  Information  on  the  human  rights  situa- 
tion is  therefore  limited. 


1523 

ber  1995.  Outbreaks  of  violence  between  government  forces  and  Muslim  militants 
have  continued  to  plague  eastern  Libya  since  that  time. 

Libya  maintains  an  extensive  security  apparatus,  consisting  of  several  elite  mili- 
tary units,  including  Qadhafi's  personal  bodyguards,  local  Revolutionary  Commit- 
tees, and  People's  Committees,  as  well  as  the  "Purification"  Committees,  which  were 
formed  in  1996.  The  result  is  a  multilayered,  pervasive  surveillance  system  that 
monitors  and  controls  the  activities  of  individuals.  The  various  security  forces  con- 
tinued to  commit  numerous  serious  human  rights  abuses. 

The  Government  dominates  the  economy  through  complete  control  of  the  country's 
oil  resources,  which  account  for  almost  all  export  earnings  and  approximately  30 
percent  of  Libya's  gross  domestic  product.  Oil  revenues  constitute  the  principal 
source  of  foreign  exchange.  In  Marcn  Qadhafi  announced  that  75%  of  the  1997/98 
fiscal  year  budget  will  be  spent  on  investment  and  development,  but  much  of  the 
countiys  income  has  been  lost  to  waste,  corruption,  attempts  to  develop  weapons 
of  mass  destruction,  and  to  acquire  conventional  weapons.  Despite  efforts  to  diver- 
sify the  economy  and  encourage  private  sector  participation,  the  economy  continues 
to  be  constrained  by  a  system  of  extensive  controls  and  regulations  covering  prices, 
credit,  trade,  and  foreign  exchange.  The  Government's  mismanagement  of  the  econ- 
omy has  caused  high  levels  of  inflation,  increased  import  prices,  and  hampered  eco- 
nomic expansion,  which  has  resulted  in  a  decline  in  the  standards  of  living  for  the 
majority  of  citizens  in  recent  years.  Unemployment  is  estimated  to  be  30%  and  is 
expected  to  increase. 

The  Government's  human  rights  record  remains  poor.  Citizens  do  not  have  the 
right  to  change  their  government.  Security  forces  arbitrarily  arrest,  detain,  and  tor- 
ture prisoners  during  interrogations  or  for  punishment.  Prison  conditions  are  poor, 
and  many  political  detainees  are  held  for  years  without  charge.  The  Government  re- 
stricts the  freedoms  of  speech,  press,  assembly,  association,  and  religion.  Citizens 
do  not  have  the  right  to  a  fair  public  trial,  to  be  represented  by  legal  counsel,  to 
be  secure  in  their  homes  or  persons,  or  to  own  private  property.  There  were  reports 
of  mass  expulsions  of  foreign  workers  and  residents  to  neighboring  countries  in 
1997,  and  the  regime  again  contemplated  the  return  of  the  approximately  30,000 
Palestinians  currently  residing  in  Libya.  Traditional  attitudes  and  practices  con- 
tinue to  discriminate  against  women,  and  female  genital  mutilation  (FGM)  is  still 
practiced  in  remote  areas  of  the  country.  The  Government  discriminates  against  and 
represses  certain  minorities  and  tribal  groups.  The  Government  restricts  basic  work- 
er rights. 

Libya  continues  to  be  subject  to  economic  and  diplomatic  sanctions  imposed  by  the 
U.N.  Security  Council  in  connection  with  the  bombings  of  Pan  Am  flight  103  over 
Scotland  in  1988  and  the  bombing  of  UTA  flight  772  over  Chad  in  1989.  Libya  made 
no  progress  in  complying  with  the  U.N.  resolutions  regarding  the  bombing  of  Pan 
Am  103.  Libya  mounted  an  aggressive  international  diplomatic  campaign  to  have 
the  U.N.  sanctions  lifted  and  violated  U.N.  sanctions  prohibiting  flights  into  or  out 
of  Libya  four  times  during  the  year. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Violent  clashes  between  the  security 
forces  and  militant  Islamist  opposition  gi"oups  continued  in  1997.  The  clashes  were 
predominantly  concentrated  in  the  eastern  region  of  Libya  and  resulted  in  an  unde- 
termined number  of  deaths.  In  response  to  continued  attacks  against  the  regime  and 
a  prison  mutiny  that  occurred  in  Benghazi  in  1996,  the  Government  maintained 
tigntened  security  measures,  made  hundreds  of  arrests,  and  conducted  military  op- 
erations in  the  areas  where  insurrection  occurred.  Government  forces  killed  a  num- 
ber of  people,  but  there  were  no  definitive  estimates  of  the  total  killed  in  these  gov- 
ernment attacks. 

Qadhafi  uses  extrajudicial  killings  and  intimidation  to  control  the  opposition 
abroad,  and  summary  judicial  proceedings  to  suppress  domestic  dissent.  There  have 
been  reports  of  Libyan  security  forces  hunting  down  and  eliminating  dissidents  liv- 
ing abroad  (see  Section  l.b.). 

A  large  number  of  offenses,  including  political  offenses  and  "economic  crimes,"  are 
punishable  by  death.  A  1972  law  mandates  the  death  penalty  for  any  person  associ- 
ated with  a  group  opposed  to  the  principles  of  the  revolution,  as  well  as  for  other 
acts  such  as  treason,  attempting  to  change  the  form  of  government  by  violence,  and 
premeditated  murder.  The  Green  Book"  of  1988  states  that  "the  goal  of  the  Libyan 
society  is  to  abolish  capital  punishment",  but  Qadhafi  has  not  acted  to  abolish  the 
death  penalty  and  its  scope  has  increased.  In  July  1996,  a  new  law  went  into  eflect 
that  applies  the  death  penalty  to  those  who  speculate  in  foreign  currency,  food. 


1524 

clothes,  or  housing  during  a  state  of  war  or  blockade  and  for  crimes  related  to  drugs 
and  alcohol. 

On  January  2,  two  civilians  and  six  army  officers  were  executed,  the  civilians  by 
hanging  and  the  army  officers  by  firing  squad;  while  at  least  five  others  were  given 
prison  sentences,  all  convicted  on  charges  of  being  American  spies,  treason,  cooper- 
ating with  opposition  organizations,  and  instigating  violence  to  achieve  political  and 
social  goals.  The  eight  executed  men  were  arrested  with  dozens  of  others  in  connec- 
tion with  a  coup  attempt  by  army  units  composed  of  Warfalla  tribe  members  in  Oc- 
tober 1993.  The  men  were  convicted  by  the  Supreme  Military  Court  and  they  report- 
edly did  not  have  lawyers  for  their  trial.  The  convicted  persons  were  allegedly  kept 
in  secret  locations  ana  tortured  throughout  their  incarceration  to  obtain  confessions 
of  criminal  activity. 

The  U.N.  Special  Rapporteur  on  Extrajudicial,  Summary,  or  Arbitrary  Executions 
noted  that  last  year  "the  apparent  lack  of  respect  for  fair  trial  standards  in  trials 
leading  to  the  imposition  of  capital  punishment  in  Libya." 

Libya  continues  to  be  subject  to  economic  and  diplomatic  sanctions  imposed  by  the 
U.N.  Security  Council  in  connection  with  the  bombings  of  Pan  Am  flight  103  over 
Scotland  in  1988,  which  killed  259  people  on  board  and  11  people  on  the  ground, 
and  the  bombing  of  UTA  flight  772  over  Chad  in  1989,  which  killed  171  people. 
These  U.N.  Security  Council  resolutions  require  that  Libya  fulfill  the  following  con- 
ditions: ensure  the  appearance  in  a  U.S.  or  Scottish  court  of  those  charged  in  the 
Pam  Am  103  case;  cooperate  with  U.S.,  British,  and  French  investigations  into  the 
Pan  Am  and  UTA  bombings;  pay  compensation;  and  renounce  terrorism  and  support 
for  terrorism. 

Libya  again  failed  to  make  any  progress  in  1997  towards  compljdng  with  the  de- 
mands of  the  U.N.  Security  Council  resolutions  relating  to  the  Pan  Am  103  bomb- 
ing. The  Qadhafi  regime  undertook  aggressive  international  diplomatic  initiatives  to 
gamer  support  from  international  organizations  and  individual  countries  for  propos- 
als that  would  require  the  U.N.  Security  Council  to  negotiate  Libyan  compliance 
with  the  resolutions.  As  part  of  the  Government's  strategy  of  attacking  the  U.N.  Se- 
curity Council  resolutions,  the  regime  violated  the  sanctions  against  air  travel  to 
and  from  the  country  four  times  during  the  year;  Qadhafi  was  on  two  of  these 
flidits. 

In  1996  the  Government  took  limited  steps  to  address  the  U.N.  Security  Council 
resolutions  concerning  the  bombing  of  UTA  flight  722.  In  March  1996,  Qadhafi 
wrote  a  letter  to  French  President  Jacques  Chirac  pledging  cooperation  in  resolving 
the  UTA  bombing  short  of  extraditing  the  suspects  or  compromising  Libya's  sov- 
ereignty. France's  chief  antiterrorism  magistrate,  Jean-Louis  Brugiuere,  visited 
Libya  in  an  effort  to  investigate  the  incident  and  concluded  his  investigation  in  May. 
Judge  Brugiuere  charged  the  second  in  command  of  the  Libyan  intelligence  service, 
Abadallah  Senousi  (brother-in-law  of  Qadhafi),  with  ordering  the  UTA  bombing  and 
charged  five  other  Libyan  agents  for  their  involvement.  He  identified  the  other  sus- 
pects as  Abdesslam  Issa  Shibari,  Abdesslam  Hamouda,  Libyan  diplomat  Abdullah 
Elazragh,  and  intelligence  operatives  Ibrahim  Naeli  and  Musbah  Arbas.  Judge 
Brugiuere  issued  international  arrest  warrants  for  the  six  Libyans  and  indicated 
that  the  suspects  would  be  tried  in  absentia.  A  trial  is  expected  in  early  1998. 

In  spite  of  the  Government's  violent  repression  of  resistance,  opposition  groups 
continue  to  surface  and  stage  attacks  on  Qadhafi  and  his  regime.  For  example,  on 
February  17  opposition  groups  attacked  an  elite  military  camp  at  Suq  al-Knamis, 
killing  several  Libyan  soldiers.  Along  with  military  strikes,  opposition  groups  report- 
edly attempted  to  kill  government  officials  as  well.  On  July  29,  an  attempt  was 
made  on  the  life  of  a  high-ranking  security  official  in  Benghazi.  In  January  there 
were  unconfirmed  reports  of  an  attack  on  Qadhafi  himself 

b.  Disappearance. — The  Libyan  regime  actively  engages  in  the  abduction  and 
elimination  of  those  persons  whom  Qadhafi  calls  stray  dogs,"  or  political  dissidents 
in  exile.  A  number  of  Libyan  oppositionists  have  disappeared  inside  and  outside  of 
the  country's  borders  in  recent  years,  and  their  whereabouts  and  welfare  remain  un- 
known. 

In  1993  Libyan  dissident  Mansour  Kikhiya  disappeared  from  Cairo.  There  is  cred- 
ible information  that  following  his  abduction,  Kikhiya  was  executed  in  Libya  in 
early  1994. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  Libya  is  a  party  to  the  U.N.  Convention  against  Torture  and  Other  Cruel, 
Inhuman,  or  Degrading  Treatment  or  Punishment,  security  personnel  reportedly 
torture  prisoners  during  interrogations  or  for  punishment.  Government  agents  peri- 
odically detain  and  reportedly  torture  foreign  workers,  particularly  those  from  sub- 
Saharan  Africa.  Torture  reports  are  difficult  to  corroborate  because  many  prisoners 
are  held  incommunicado. 


1525 

Methods  of  torture  reportedly  include:  chaining  to  a  wall  for  hours,  clubbing,  elec- 
tric shock,  the  application  of  corkscrews  in  the  back,  lemon  juice  in  open  wounds, 
breaking  fingers  and  allowing  the  joints  to  heal  without  medical  care,  suffocation 
by  plastic  bags,  deprivation  of  food  and  water,  and  beatings  on  the  soles  of  the  feet. 
The  law  calls  for  fines  against  any  official  using  excessive  force,  but  there  are  no 
known  cases  of  prosecution  for  torture  or  abuse. 

There  is  insumcient  information  to  make  a  determination  on  overall  prison  condi- 
tions, but  a  mutiny  in  July  1996  at  the  Abu  Salim  prison  was  caused  by  inmates 
protesting  poor  conditions.  The  prisoners  went  on  a  hunger  strike  and  captured 
guards  to  protest  the  lack  of  medical  care,  overcrowding,  and  inadequate  hygiene 
and  diet  provided  at  the  facility.  Security  units  were  dispatched  to  suppress  the  up- 
rising and  hundreds  of  people  were  lefl  dead  after  the  week-long  incident;  as  many 
as  100  of  them  killed  by  security  forces. 

The  Government  does  not  permit  prison  visits  by  human  rights  monitors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Security  forces  arbitrarily  arrest  and  de- 
tain citizens.  By  law  the  Government  may  hold  detainees  incommunicado  for  unlim- 
ited periods.  It  holds  many  political  detainees  incommunicado  in  unofTicial  detention 
centers  controlled  by  members  of  the  Revolutionary  Committees.  Hundreds  of  politi- 
cal detainees,  many  associated  with  banned  Islamic  groups,  are  reported  to  be  held 
in  prisons  throughout  Libya,  but  mainly  in  the  Abu  Salim  prison  in  Tripoli.  Many 
have  been  held  for  years  without  charge.  Hundreds  of  other  detainees  may  have 
been  held  for  periods  too  brief  (3  to  4  months)  to  permit  confirmation  by  outside  ob- 
servers. It  was  reported  that  many  political  detainees  were  released  early  in  the 
year,  most  of  whom  had  been  students  and  had  been  detained  for  the  last  5  to  10 
years. 

Security  forces  maintained  their  intense  campaign  to  arrest  suspected  members 
and  sympathizers  of  banned  Islamic  groups  and  to  monitor  activities  at  mosques  fol- 
lowing a  continued  series  of  violent  clashes  in  eastern  Libya  (see  Section  l.a.).  Some 
practicing  Muslims  have  shaved  their  beards  to  avoid  harassment  from  security 
services.  Qadhafi  has  publicly  denounced  Libyan  "mujaheddin"  (generally,  conserv- 
ative Islamic  activists  who  fought  with  the  Afghan  resistance  movement  against  So- 
viet forces)  as  threats  to  the  regime. 

The  1994  Purge  Law  was  established  to  fight  financial  corruption,  black 
marketeering,  drug  trafficking,  and  atheism.  Enforcement  of  the  Purge  Law  by  the 
"Purification"  Committees  began  in  June  1996  and  continued  through  mid?-1997. 
Scores  of  businessmen,  traders,  and  shop  owners  were  arbitrarily  arrested,  with  the 
closure  of  dozens  of  shops  and  firms  on  charges  of  corruption,  dealing  in  foreign 
goods,  and  funding  Islamic  fundamentalist  groups.  As  part  of  the  campaign  to  im- 
plement the  Purge  Law,  the  wealth  of  the  middle  class  and  afTluent  was  targeted 
as  well.  The  Government  marked  the  beginning  of  Ramadan  in  January  by  releas- 
ing an  undetermined  number  of  people  arrested  by  the  "Purification"  Committees 
in  1996,  but  the  regime  acknowledges  that  it  still  holds  29  of  the  detainees  for  fur- 
ther investigation  (see  Section  l.f.). 

On  March  8,  the  Libyan  General  People's  Congress  approved  a  collective  punish- 
ment law  for  accomplices  to  crimes  of  obstructing  the  people's  power,  instigating 
and  practicing  tribal  fanaticism,  possessing,  tramng  in  or  smuggling  unlicensed 
weapons,  and  damaging  public  and  private  institutions  and  property."  The  new  law 
provides  that  "any  group,  whether  large  or  small,"  including  towns,  villages,  local 
assemblies,  tribes,  or  families,  be  punished  in  their  entirety  if  they  are  accused  by 
the  General  People's  Congress  or  Committee  of  sympathizing,  financing,  aiding  in 
any  way,  harboring,  protecting,  or  refraining  from  identifying  perpetrators  of  such 
crimes.  Punishment  under  the  collective  punishment  law  ranges  from  the  denial  of 
access  to  utilities  (water,  electricity,  telephone),  fuels,  food  supplies,  official  docu- 
ments, and  participation  in  local  assemblies,  to  the  termination  of  new  economic 
projects  and  state  subsidies. 

The  Government  does  not  impose  exile  as  a  form  of  punishment;  to  the  contrary, 
Qadhafi  seeks  to  pressure  Libyans  working  or  studying  abroad  to  return  home  and 
the  regime  pursues  dissidents  in  exile  (see  Section  l.b.). 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  not  independent  of  the  Govern- 
ment. 

There  are  four  levels  of  courts:  summary  courts,  which  try  petty  ofTenses;  the 
courts  of  first  instance,  which  try  more  serious  crimes;  the  courts  of  appeal;  and  the 
Supreme  Court,  which  is  the  final  appellate  level. 

Special  revolutionary  courts  were  established  in  1980  to  try  political  offenses. 
Such  trials  are  oflen  held  in  secret  or  even  in  the  absence  of  the  accused.  In  other 
cases,  the  security  forces  have  the  power  to  pass  sentences  without  trial,  especially 
in  cases  involving  political  opposition.  The  U.N.  Special  Rapporteur  has  noted  a  lack 


1526 

of  fairness  in  trials  of  capital  cases  (see  section  l.a.).  In  the  past,  Qadhafi  has  in- 
cited local  cadres  to  take  extrajudicial  action  against  suspected  opponents. 

The  private  practice  of  law  is  illegal;  all  lawyers  must  be  members  of  the  Sec- 
retariat of  Justice. 

According  to  Amnesty  International  (AI),  approximately  22  persons  were  convicted 
and  imprisoned  for  political  offenses  during  1995.  AI  estimates  there  are  at  least 
1,000  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Government  does  not  respect  the  right  to  privacy.  Security  agencies  often  disregard 
the  legal  requirement  to  obtain  warrants  before  entering  a  private  home.  They  also 
routinely  monitor  telephone  calls. 

The  security  agencies  and  the  Revolutionary  Committees  oversee  an  extensive  in- 
formant network.  Libyan  exiles  report  that  mere  family  ties  to  suspected  regime  op- 
ponents may  result  in  government  harassment  and  detention.  The  Government  may 
seize  and  destroy  property  belonging  to  "enemies  of  the  people"  or  those  who  "co- 
operate" with  foreign  powers.  In  the  past,  citizens  have  reported  that  Qadhafi  has 
warned  members  of  the  extended  family  of  any  regime  opponent  that  they  too  risk 
the  death  penalty. 

The  collective  punishment  law  passed  by  the  General  People's  Congress  in  March 
made  into  law  Qadhafi's  previous  threats  of  punishment  for  families  or  communities 
that  aid,  abet,  or  do  not  inform  the  regime  of  criminals  and  oppositionists  in  their 
midst  (see  Section  l.d.). 

The  Purge  Law  of  1994  provides  for  the  confiscation  of  private  assets  above  a 
nominal  amount,  describing  wealth  in  excess  of  such  an  undetermined  nominal 
amount  as  the  fruits  of  exploitation  or  corruption.  In  May  1996,  Qadhafi  ordered 
the  formation  of  hundreds  of  "Purge"'  or  "Purification"  Committees  composed  of 
young  military  officers  and  students.  The  Committees,  backed  by  thousands  of  Revo- 
lutionary Committees,  implemented  the  Purge  Law  through  mid- 1997.  The  "Purifi- 
cation" Committees  reportedly  seized  some  "excessive"  amounts  of  private  wealth 
from  members  of  the  middle  and  affiuent  classes;  the  confiscated  property  was 
taken  from  the  rich  to  be  given  to  the  poor,  in  an  effort  to  appease  the  populace 
and  to  strengthen  Qadhafi's  power  and  control  over  the  country.  The  activities  of 
the  "Purification"  Committees  largely  ended  by  May  in  reaction  to  increasingly  vio- 
lent public  reactions  to  their  intrusive  tactics. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  authorities  tolerate  some  difference  of  opin- 
ion in  People's  Committee  meetings  and  at  the  General  People's  Congress,  but  in 
general,  severely  limit  freedom  of  sp)eech.  This  is  especially  true  with  regard  to  criti- 
cism of  Qadhafi  or  his  regime.  Infrequent  criticism  of  political  leaders  and  policies 
in  the  state-controlled  media  is  interpreted  as  a  government  attempt  to  test  public 
opinion,  or  weaken  a  government  figure  who  may  be  a  potential  challenger  to  Qa- 
dhafi. 

The  regime  restricts  freedom  of  speech  in  several  ways:  by  prohibiting  all  political 
activities  not  officially  approved,  by  enacting  laws  so  vague  that  many  forms  of 
speech  or  expression  may  be  interpreted  as  illegal,  and  by  operating  a  pervasive  sys- 
tem of  informants  that  creates  an  atmosphere  of  mistrust  at  all  levels  of  society. 

The  State  owns  and  controls  the  media.  There  is  a  state-run  daily  newspaper,  Al- 
Shams,  with  a  circulation  of  40,000.  Local  Revolutionary  Committees  puolish  sev- 
eral smaller  newspapers.  The  official  news  agency,  JANA,  is  the  designated  conduit 
for  official  views.  The  regime  does  not  permit  the  publication  of  opinions  contrary 
to  government  policy.  Such  foreign  puolications  as  Newsweek,  Time,  the  Inter- 
national Herald  Tribune,  Express,  and  Jeune  Afrique  are  available,  but  authorities 
routinely  censor  them  and  may  prohibit  their  entry  onto  the  market. 

The  Government  restricts  academic  freedom.  Professors  and  teachers  who  discuss 
politically  sensitive  topics  face  a  risk  of  government  reprisal. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Public  assembly  is  permitted 
only  with  regime  approval  and  in  support  of  the  regime's  positions. 

Despite  these  restrictions,  members  of  the  Warfalla  trioe  staged  several  informal 
protests  in  1995  to  protest  the  regime's  decision  to  carry  out  the  death  penalty 
against  tribe  members  involved  in  the  1993  coup  attempt.  The  Government  re- 
sponded by  arresting  hundreds  of  tribe  members,  and  expelling  others  from  the  mili- 
tary and  security  forces.  On  January  2,  eight  Warfalla  tribe  members  arrested  for 
involvement  in  the  1993  coup  attempt  were  executed  and  at  least  five  others  were 
given  prison  sentences  for  allegedly  being  American  spies  (see  Section  l.a.). 

The  last  display  of  public  discontent  and  resentment  towards  the  Government  oc- 
curred when  a  riot  broke  out  over  a  penalty  called  at  a  soccer  match  in  Tripoli  on 
July  9,  1996.  The  rare  instance  of  public  unrest  began  when  a  contentious  goal  was 


1527 

scored  by  the  team  that  Qadhafi's  sons  supported  and  the  referee  called  the  play 
in  their  favor.  The  spectators  reportedly  started  chanting  anti-Qadhafi  slogans  after 
the  referee  made  the  call  and  Qadhafi's  sons  and  their  bodyguards  opened  fire  in 
the  air,  then  on  the  crowd.  The  spectators  panicked  and  stampeded  out  of  the  sta- 
dium and  into  the  streets,  where  they  stoned  cars  and  chanted  more  anti-Qadhafi 
slogans. 

Trie  Government  officially  admitted  that  8  people  died  and  39  were  injured  as  a 
result  of  the  soccer  riots,  but  there  were  reports  of  up  to  50  deaths  caused  by  the 
gunfire  and  the  stampede  of  the  crowd. 

The  Government  limits  the  right  of  association;  it  grants  such  a  right  only  to  in- 
stitutions affiliated  with  the  regime.  According  to  a  1972  law,  political  activity  found 
by  the  authorities  to  be  treasonous  is  punishable  by  death.  An  offense  may  include 
any  activity  that  is  "opposed  to  the  principles  of  the  Revolution." 

c.  Freedom  of  Religion. — The  Government  restricts  freedom  of  religion.  Libya  is 
overwhelmingly  Muslim.  In  an  apparent  effort  to  eliminate  all  alternative  power 
bases,  the  regime  has  banned  the  once  powerful  Sanusiyya  Islamic  sect.  In  its  place, 
Qadhafi  established  the  Islamic  Call  Society  (ICS),  which  is  the  outlet  for  state-ap- 
proved religion  as  well  as  a  tool  for  exporting  the  Libyan  revolution  abroad.  In  1992 
the  Grovernment  announced  that  the  ICS  would  be  disbanded;  however,  its  director 
still  conducts  activities,  suggesting  that  the  organization  remains  operational.  Is- 
lamic groups  at  variance  with  the  state-approved  teaching  of  Islam  are  banned. 

Members  of  some  minority  religions  are  allowed  to  conduct  services.  Services  in 
Christian  churches  are  attended  by  the  foreign  community.  A  resident  Catholic  bish- 
op, aided  by  a  small  number  of  priests,  operates  two  churches.  In  March  the  Vatican 
established  diplomatic  relations  with  Liloya,  stating  that  Libya  had  taken  steps  to 
protect  freedom  of  religion.  The  Vatican  hoped  to  oe  able  to  more  adequately  ad- 
dress the  needs  of  the  estimated  50,000  Christians  in  the  country. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  usually  does  not  restrict  the  internal  movement  of 
Libyan  citizens,  but  is  known  to  impose  blockades  on  those  cities  and  regions  (pri- 
marily in  the  east)  where  antigovernment  attacks  or  movements  originate.  In  1996 
after  the  escape  of  some  400  prisoners — during  which  residents  purportedly 
harbored  escapees — the  town  of  Dirnah  was  sealed  of  by  government  troops  and  also 
had  its  water  and  electricity  cut  off.  The  Government  also  requires  citizens  to  obtain 
exit  permits  for  travel  abroad  and  limits  their  access  to  hard  currency.  A  woman 
must  have  her  husband's  permission  to  travel  abroad.  Authorities  routinely  seize 
the  passports  of  foreigners  married  to  Libyan  citizens  upon  their  entry  into  the 
country. 

The  right  of  return  exists.  In  fact,  the  regime  often  calls  on  students,  many  of 
whom  receive  a  government  subsidy,  and  others  working  abroad  to  return  to  Libya 
on  little  or  no  notice.  Students  studying  abroad  are  interrogated  upon  their  return. 

Some  citizens,  including  exiled  opposition  figures,  refuse  to  return.  There  have 
been  reports  of  Libyan  security  forces  hunting  down  and  eliminating  dissidents  liv- 
ing abroad  (see  Section  l.a.). 

The  Government  arbitrarily  expels  noncitizens  (see  Section  6.e.).  In  September 
1995,  the  Government  expelled  approximately  1,000 

Palestinian  residents  to  signal  its  displeasure  with  the  signing  of  the  Interim 
Agreement  between  Israel  and  the  Palestine  Liberation  Organization.  The  Palestin- 
ians were  forced  to  live  in  makeshift  camps  along  the  Egyptian  border.  The  Govern- 
ment allowed  the  Palestinians  living  in  the  border  camps  to  return  to  Libya,  but 
over  200  Palestinians  elected  to  remain,  hoping  to  travel  to  the  West  Bank  and 
Gaza  or  resettle  in  Egypt.  The  governments  of  Egypt  and  Israel  refused  to  accept 
the  Palestinian  refugees  in  1996,  leaving  them  stranded  in  the  deteriorating  and 
squalid  conditions  oi  the  once  temporary  border  encampments.  They  were  forcibly 
removed  from  their  encampments  to  another  location  in  country  by  Libyan  police 
and  military  authorities  in  April. 

The  Government  expelled  132  Algerians  in  November. 

The  Government  is  not  a  signatory  to  the  1951  United  Nations  Convention  Relat- 
ing to  the  Status  of  Refugees  or  its  1967  Protocol,  and  therefore,  does  not  grant  asy- 
lum, first  asylum,  or  refugee  status  to  foreigners  in  Libya.  The  U.N.  High  Commis- 
sioner for  Refugees  (UNHCR)  reported  that  by  April  1996,  there  were  over  3,000 
refugees  of  concern  to  the  UNHCR  in  Libya,  including  some  2,000  Somalis,  750  Eri- 
treans,  325  Sudanese,  and  300  Ethiopians.  The  Government  officially  contacted  the 
UNHCR  Liaison  Officer  in  Tripoli  in  1995  in  an  effort  to  facilitate  the  repatriation 
of  Arab  and  African  refugees  to  their  country  of  origin.  The  UNHCR  assisted  in  the 
repatriation  of  168  Eritreans  and  129  Ethiopians  from  Libya  in  the  first  4  months 
of  1996. 


1528 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  rirfit  to  change  their  government.  Major  government  de- 
cisions are  controlled  by  Qadnafi,  his  close  associates,  and  committees  acting  in  his 
name.  Political  parties  are  banned.  Qadhafl  appoints  military  officers  and  official 
functionaries  down  to  junior  levels.  Corruption  and  favoritism,  partially  based  on 
tribal  origin,  are  major  problems,  adversely  affecting  government  efficiency. 

In  theory,  popular  political  participation  is  provided  by  the  grassroots  People's 
Committees,  which  send  representatives  annually  to  the  national  General  People's 
Congress  (GPC).  In  practice,  the  GPC  is  a  rubber  stamp  that  approves  all  rec- 
ommendations made  by  Qadhafi. 

Qadhaii  established  the  Revolutionary  Committees  in  1977.  These  bodies  pri- 
marily consist  of  Libyan  youths  who  guard  against  political  deviation.  Some  Com- 
mittees have  engaged  in  show  trials  of  regime  opponents;  in  other  cases,  they  have 
been  implicated  in  the  killing  of  opponents  abroad.  The  Committees  approve  all  can- 
didates m  elections  for  the  GPC. 

There  is  no  reliable  information  on  the  representation  of  women  and  minorities 
in  the  Government. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Qadhafi  regime  continues  to  prohibit  the  establishment  of  any  independent 
human  rights  organizations.  Instead,  it  created  the  Libyan  Arab  Human  Rights 
Committee  in  1989,  the  Committee  has  yet  to  publish  any  known  reports. 

The  regime  does  not  respond  substantively  to  appeals  from  Amnesty  International 
(AI)  on  behalf  of  detainees.  In  1994  the  regime  described  AI  as  a  tool  of  Western 
interests  and  dismissed  its  work  as  neocolonialist.  AI  representatives  last  visited 
Libya  in  1988. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability.  Language,  or  So- 
cial Status 

The  Constitution  prohibits  discrimination  based  on  these  factors.  However,  the 
Government  does  not  enforce  these  prohibitions,  particularly  discrimination  against 
women  and  tribal  minorities. 

Women. — Although  little  detailed  information  on  the  extent  of  violence  against 
women,  it  remains  a  problem.  In  general  the  intervention  of  neighbors  and  extended 
family  members  tends  to  limit  reports  of  domestic  violence.  Abuse  within  the  family 
is  rarely  discussed  publicly,  due  to  the  value  attached  to  privacy  in  society. 

The  Constitutional  Proclamation  of  1969  granted  women  total  equality.  Despite 
this  legal  provision  traditional  attitudes  and  practices  prevail  and  discrimination 
against  women  persists,  which  keeps  them  from  attaining  the  family  or  civil  rights 
guaranteed  them.  A  woman  must  nave  her  husband's  permission  to  travel  abroad 
(see  Section  2.d.). 

Although  their  status  is  still  not  equal  to  that  of  men,  most  observers  agree  that, 
with  the  advent  of  oil  wealth  in  the  1970's,  the  opportunity  for  women  to  make  nota- 
ble social  progress  has  increased.  Oil  wealth,  uroanization,  development  plans,  edu- 
cation programs,  and  even  the  impetus  behind  Qadhafi's  revolutionary  government 
have  all  contributed  to  the  creation  of  new  employment  opportunities  for  women.  In 
recent  years,  a  growing  sense  of  individualism  in  some  segments  of  society,  espe- 
cially among  the  educated  young,  has  been  noted.  For  example,  many  educated 
young  couples  prefer  to  set  up  their  own  households,  rather  than  move  in  with  their 
parents,  and  view  polygamy  with  scorn.  Since  the  1970's  the  level  of  educational  dif- 
ferences between  men  and  women  has  narrowed. 

In  general,  the  emancipation  of  women  is  a  generational  phenomenon:  urban 
women  under  the  age  of  35  tend  to  have  more  "modern"  attitudes  toward  life  and 
have  discarded  the  traditional  veil;  at  the  same  time,  older  urban  women  tend  to 
be  more  reluctant  to  give  up  the  veil  or  the  traditional  attitudes  towards  family  and 
employment.  Moreover,  a  significant  proportion  of  rural  women  still  do  not  attend 
school  and  tend  to  instill  in  their  children  such  traditional  beliefs  as  women's  sub- 
servient role  in  society. 

Employment  gains  by  women  also  tend  to  be  inhibited  by  lingering  traditional  re- 
strictions that  discourage  women  from  playing  an  active  role  in  the  workplace,  and 
by  the  resurgence  of  Islamic  fundamentalist  values.  Some  observers  have  noted  that 
even  educated  women  tend  to  lack  self-confidence  and  social  awareness  and  seek 
only  a  limited  degree  of  occupational  and  social  participation  with  men. 

'tne  ambiguous  position  of  women  is  illustrated  by  Qadhafi's  own  attitudes  and 
utterances.  His  development  plans  have  made  an  effort  to  include  women  in  the 


1529 

modem  work  force,  yet  he  has  criticized  women's  emancipation  in  the  West,  includ- 
ing their  employment  gains. 

Children. — The  Government  has  subsidized  education  (which  is  compulsory  to  age 
15)  and  medical  care,  improving  the  welfare  of  children  in  the  past  25  years.  How- 
ever, declining  revenues  and  general  economic  mismanagement  have  led  to  cut- 
backs, particularly  in  medical  services.  Some  tribes  located  in  remote  areas  still 
practice  female  genital  mutilation  (FGM)  on  young  girls,  a  procedure  that  is  widely 
condemned  by  international  health  experts  as  damaging  to  both  physical  and  psy- 
chological health. 

People  With  Disabilities. — No  information  is  available  on  the  Government's  efforts 
to  assist  people  with  disabilities. 

National  / Kacial  / Ethnic  Minorities. — Arabic-speaking  Muslims  of  mixed  Arab  and 
Berber  ancestry  comprise  97  percent  of  the  population.  The  principal  non-Arab  mi- 
norities are  Berbers  and  blacks.  There  are  frequent  allegations  of  discrimination 
based  on  tribal  status,  particularly  against  Berbers  in  the  interior  and  Tuaregs  in 
the  south.  Qadhafi  manipulates  tribes  to  maintain  his  grip  on  power  by  rewarding 
some  tribes  with  money  and  government  positions  and  repressing  and  jailing  mem- 
bers of  various  other  tribes.  Qadhafi  also  attempts  to  keep  the  tribes  fractured  by 
pitting  one  against  another. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Independent  trade  unions  and  professional  associa- 
tions are  prohibited  and  workers  do  not  have  the  right  to  form  their  own  unions. 
The  re^me  regards  such  structures  as  unacceptable  "intermediaries  between  the 
revolution  and  the  working  forces."  However,  workers  may  join  the  National  Trade 
Unions'  Federation,  which  was  created  in  1972  and  is  administered  by  the  People's 
Committee  system.  The  Government  prohibits  foreign  workers  from  joining  this 
union. 

The  law  does  not  provide  workers  with  the  right  to  strike.  There  have  been  no 
reports  of  strikes  for  years.  In  a  1992  speech,  Qadhafi  affirmed  that  workers  have 
the  right  to  strike  but  added  that  strikes  do  not  occur  because  the  workers  control 
their  enterprises. 

The  official  trade  union  orcanization  plays  an  active  role  in  the  International  Con- 
federation of  Arab  Trade  Unions  ana  the  Organization  of  African  Trade  Union 
Unity.  It  exploits  international  trade  union  contacts  to  engage  in  propaganda  eflbrts 
on  behalf  of  the  regime.  The  Arab  Maghreb  Trade  Union  Federation  suspended  the 
membership  of  Libya's  trade  union  organization  in  1993.  The  suspension  followed 
reports  that  Qadhafi  had  replaced  all  union  leaders,  in  some  cases  with  loyal  fol- 
lowers without  union  experience. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  does  not 
exist  in  any  meaningful  sense  because  the  labor  law  requires  that  the  Government 
must  approve  all  agreements. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — In  its  1995  report,  the  Inter- 
national Labor  Organization's  (ILO)  Committee  of  Experts  stated  that  "persons  ex- 

f)ressing  certain  political  views  or  views  ideologically  opposed  to  the  estaolished  po- 
itical,  social,  or  economic  system  may  be  punished  with  penalties  of  imprisonment 
.  .  .  involving  ...  an  obligation  to  perform  labor."  The  situation  in  1997  remains 
largely  the  same.  The  1995  ILO  report  also  noted  that  public  employees  may  be  sen- 
tenced to  compulsory  labor  "as  a  punishment  for  breaches  of  labor  discipline  or  for 
f)articipation  in  strikes  even  in  services  whose  interruption  would  not  endanger  the 
ife,  personal  safety,  or  health  of  the  whole  or  part  of  the  population."  The  Govern- 
ment informed  the  ILO  in  1996  that  legislation  was  enacted  to  abolish  these  provi- 
sions and  submitted  a  report  to  the  ILO,  but  the  ILO  has  not  yet  commented  on 
it. 

There  have  been  credible  reports  that  the  Government  has  arbitrarily  forced  some 
foreign  workers  into  involuntary  military  service  or  has  coerced  them  into  perform- 
ing subversive  activities  against  their  own  countries.  Libyans,  despite  the  Penal 
Code  which  prohibits  slavery,  have  been  implicated  in  the  purchase  of  Sudanese 
slaves,  who  are  largely  southern  Sudanese  women  and  children  who  were  captured 
by  Sudanese  government  troops  in  the  war  against  the  southern  rebellion. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  employment  of  children  is  18.  Education  is  compulsory  to  age  15. 

e.  Acceptable  Conditions  of  Work. — The  labor  force  is  approximately  1.2  million 
workers  (including  161,000  foreign  workers)  in  a  population  of  5.2  million.  Wages, 
particularly  in  the  public  sector,  are  frequently  in  arrears.  A  public  wage  freeze  im- 
posed in  1981  remains  in  effect  and  has  seriously  eroded  real  income.  The  average 
wage  appears  inadequate  to  provide  a  worker  and  family  with  a  decent  standard 


1530 

of  living.  The  average  wage  is  about  $750  (270  Libyan  dinars)  per  month  at  the  ofii- 
cial  exchange  rate,  but  is  only  worth  $100  at  the  unofficial  exchange  rate. 

The  legal  maximum  workweek  is  48  hours.  The  Labor  Law  defines  the  rights  and 
duties  of  woriters,  including  matters  of  compensation,  pension  rights,  minimum  rest 

{)eriods,  and  working  hours.  Labor  inspectors  are  assigned  to  inspect  places  of  work 
or  compliance  with  occupational  health  and  safety  standards.  Certain  industries, 
such  as  the  petroleum  sector,  try  to  maintain  standards  set  by  foreign  companies. 
There  is  no  information  on  whether  a  worker  can  remove  himself  from  an  unhealthy 
or  unsafe  work  situation  without  risking  continued  employment. 

The  Labor  Law  does  not  accord  equality  of  treatment  to  foreign  workers.  Foreign 
workers  may  reside  in  Libya  only  for  the  duration  of  their  work  contracts,  and  may 
not  send  more  than  half  of  their  earnings  to  their  families  in  their  home  countries. 

They  are  subject  to  arbitrary  pressures,  such  as  changes  in  work  rules  and  con- 
tracts, and  have  little  option  but  to  accept  such  changes  or  to  depart  the  country. 
Foreign  workers  who  are  not  under  contract  enjoy  no  protection. 

In  May  the  U.N.  Committee  on  Economic,  Social,  and  Cultural  Rights,  cited  inad- 
equate housing,  threats  of  imprisonment  to  those  accused  of  disobeying  disciplinary 
rules,  and  accusations  of  causing  a  variety  of  societal  problems  as  some  of  the  prob- 
lems in  Libya's  treatment  of  foreign  laborers. 

The  Government  uses  the  threat  of  expulsion  of  foreign  workers  as  leverage 
against  countries  whose  foreign  policies  run  counter  to  Libya's.  The  (jovemment  ex- 
pelled approximately  1,000  Palestinian  residents  in  late  1995  to  signal  its  displeas- 
ure with  the  agreement  between  Israel  and  the  Palestine  Liberation  Organization, 
and  in  May  1996,  the  regime  threatened  to  expel  thousands  of  Palestinian  workers 
for  political  and  economic  reasons  (see  Section  2.d.). 

Over  130  Algerians  were  expelled  in  November  (see  Section  2.d.). 


MOROCCO 

The  Constitution  of  Morocco  provides  for  a  monarchy  with  a  parliament  and  an 
independent  judiciary.  Ultimate  authority,  however,  rests  with  the  King,  who  may 
at  his  discretion  terminate  the  tenure  of  any  minister,  dissolve  the  Parliament,  and 
rule  by  decree.  In  August  King  Hassan  named  an  interim  government,  composed 
largely  of  technocrats.  Also  in  August,  the  present  Parliament,  which  was  created 
in  1993,  unanimously  passed  two  laws  creating  a  270-seat  upper  house,  and  a  325- 
seat  lower  house.  On  November  14,  lower  house  deputies  were  elected  by  direct  uni- 
versal suffrage;  on  December  5,  the  upper  house  was  selected  by  labor  unions,  pro- 
fessional organizations,  and  local  government  authorities.  There  were  widespread, 
credible  reports  of  vote  buying  by  political  parties  and  the  Government  and  exces- 
sive government  interference  in  the  legislative  elections.  The  fraud  and  government 
Eressure  tactics  led  most  independent  observers  to  conclude  that  the  results  were 
eavily  influenced,  if  not  predetermined,  by  the  Government.  All  opposition  parties 
criticized  the  Government;  some  called  for  a  boycott  of  Parliament.  The  judiciary  is 
subject  to  bribery  and  government  influence. 

Tne  security  apparatus  includes  several  overlapping  police  and  paramilitary  orga- 
nizations. The  Border  Police,  the  National  Security  Police,  and  the  Judicial  Police 
are  departments  of  the  Ministry  of  Interior,  while  the  Royal  Gendarmerie  reports 
directly  to  the  Palace.  The  security  forces  continued  to  commit  serious  human  rights 
abuses. 

Morocco  has  a  mixed  economy  based  largely  on  agriculture,  fishing,  light  industry, 
phosphate  mining,  tourism,  and  remittances  from  citizens  working  abroad.  Illegal 
cannabis  production  is  also  a  significant  economic  activity.  Economic  growth  is  high- 
ly dependent  on  agricultural  output,  and  has  experienced  wide  fluctuations  in  recent 
years  due  to  a  series  of  debilitating  droughts.  While  good  rainfall  during  1996  re- 
sulted in  gross  domestic  product  (GDP)  growth  of  12  percent,  erratic  rainfall  was 
expected  to  contribute  to  a  slightly  negative  growth  in  1997. 

The  Gk)vemment's  human  rights  record  remained  largely  the  same,  and  serious 
problems  persisted  in  several  areas.  Citizens  do  not  have  the  right  to  change  their 
government;  however,  in  the  November  elections,  the  opposition  gained  an  impor- 
tant plurality,  which  observers  noted  could  be  a  step  toward  increased  democratiza- 
tion. Security  forces  occasionally  abuse  and  torture  detainees  and  prison  conditions 
remain  harsh.  Authorities  sometime  ignore  legal  provisions  for  due  process  during 
arrest  and  detention.  The  (jovemment's  use  of  force  to  disperse  student  protesters 
in  Casablanca  in  January  and  February  resulted  in  numerous  violations  of  citizens' 
human  rights.  Security  forces  beat  students,  many  of  them  innocent  bystanders,  and 
the  Government  failed  to  thoroughly  investigate  increased  allegations  of  abuse  by 


1531 

the  security  forces.  During  the  June  local  election  campaign,  police  arrested  over 
130  left-wing  activists  who  called  for  an  election  boycott  in  contravention  of  Article 
90  the  Electoral  Law,  which  forbids  "inciting  voters  to  abstain  from  voting."  The  ju- 
diciary is  subject  to  corruption  and  Interior  Ministry  influence.  Authorities  at  times 
infringe  on  citizens'  privacy  rights.  The  Government  restricts  freedom  of  speech  and 
the  press  in  certain  areas,  and  limits  the  freedoms  of  assembly,  association,  religion, 
and  movement.  While  the  Government  generally  tolerates  peaceful  protests  and  sit- 
ins,  it  does  not  tolerate  marches  and  demonstrations.  On  several  occasions  during 
the  year  protesters  were  seriously  beaten,  and  scores  were  arrested.  Dissenters'  reli- 
gious freedoms  are  constrained;  missionaries  who  contravene  a  law  barring  pros- 
elytizing face  expulsion  without  due  process,  and  converts  from  Islam  to  other  reli- 
gions experience  security  force  intimidation  and  occasional  imprisonment.  Discrimi- 
nation and  domestic  violence  against  women  are  common.  Child  labor  is  a  problem, 
and  the  Government  has  not  acted  to  end  the  plight  of  young  girls  who  work  in  ex- 
ploitative domestic  servitude.  Unions  are  subject  to  government  interference. 

A  large  number  of  allegations  of  governmental  human  rights  abuse  involve  the 
Ministry  of  Interior.  The  Ministry  is  responsible  for:  the  direction  of  most  security 
forces;  the  conduct  of  elections,  including  cooperation  with  the  United  Nations  in  a 
referendum  on  the  Western  Sahara;  the  appointment  and  training  of  many  local  of- 
ficials; the  allocation  of  local  and  regional  budgets;  the  oversight  of  university  cam- 
puses; and  the  licensing  of  associations  and  political  parties.  Less  formally,  the  Min- 
istry exerts  substantial  influence  over  the  judicial  system.  In  naming  the  interim 
government,  the  King  consolidated  several  ministerial  portfolios,  and  eliminated  the 
Human  Rights  Ministry  from  the  Government;  however,  he  named  a  former  Human 
Rights  Minister  as  Minister  of  Justice. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Security  forces  violently  broke  up 
student  demonstrations  in  November  and  severely  beat  protesters.  One  student, 
Moncef  Azzouzi,  reportedly  died  of  head  injuries  caused  by  security  force  beatings 
(also  see  Sections  I.e.,  l.d.,  2.a.,  and  2.b.). 

Although  human  rights  groups  reported  no  extrajudicial  killings  in  1997,  they 
continue  to  complain  that  security  forces  too  often  act  with  impunity;  deaths  in  cus- 
tody and  other  instances  of  potential  abuse  are  not  thoroughly  investigated.  None 
of  the  cases  outstanding  from  1996  have  been  investigated  or  publicly  resolved. 
These  include  the  deaths  in  custody  under  mysterious  circumstances  oi  Mohamed 
Tarbaoui  and  Youssouf  Rami  in  late  December  1996.  According  to  security  forces, 
Tarbaoui  died  of  a  heart  attack  on  a  public  street,  while  Rami  died  of  injuries  after 
he  threw  himself  through  a  glass  door.  Human  rights  groups  dispute  tnese  expla- 
nations. In  addition,  there  were  no  new  developments,  nor  any  investigations  into 
the  1996  deaths  in  custody  of  several  other  persons,  i.e.,  Salhi,  Lahssen,  M'rabet, 
Memissi,  Daghdagh,  Benaerweesh,  Fedaoui,  Bouhdoun,  Hammouch,  and  Rachid 
Rami. 

Detainees  claimed  that  several  prisoners  died  during  the  year  due  to  harsh  prison 
conditions  and  inadequate  medical  care  (see  Section  I.e.). 

b.  Disappearance. — There  were  no  new  cases  of  disappearance  for  the  second  con- 
secutive year.  This  contrasts  with  1995  when  there  were  reports  of  over  20  such 
cases.  However,  the  practice  of  the  forced  disappearance  of  individuals  who  opposed 
the  Government  and  its  policies  dates  back  several  decades.  Many  of  those  who  dis- 
appeared were  members  of  the  military  who  were  implicated  in  attempts  to  over- 
throw the  Government  in  1971  and  1972.  Others  were  Sahrawis  or  Moroccans  who 
challenged  the  Government's  claim  to  the  Western  Sahara  or  other  government  poli- 
cies. Many  of  those  who  disappeared  were  held  in  secret  detention  camps.  To  this 
day,  hundreds  of  Saharan  ana  Moroccan  families  do  not  have  any  information  about 
their  missing  relatives,  many  of  whom  disappeared  over  20  years  ago. 

The  Government  continues  to  deny  that  it  has  any  knowledge  oithe  whereabouts 
of  those  still  missing.  In  recent  years  it  has  quietly  released  several  hundred  per- 
sons who  had  disappeared,  including  about  300  in  June  1991,  but  no  explanation 
for  their  incarceration  has  ever  been  provided.  Local  human  rights  monitors  have 
concluded  that  many  others  died  while  at  the  notorious  Tazmamart  prison,  which 
the  Government  has  since  closed.  The  Government  has  acknowledged  34  of  these 
deaths  and  has  provided  death  certificates  to  the  families  of  all  but  1  of  the  34  who 
died. 

The  Moroccan  Human  Rights  Organization  (OMDH)  and  other  human  rights 
groups  continued  to  pursue  tne  issue  of  unresolved  disappearances.  The  OMDH  re- 
ports that  its  efforts  to  meet  early  in  the  year  with  tne  Minister  of  Justice  and 


1532 

Human  Rights  to  discuss  this  issue  were  unsuccessful.  The  Moroccan  Association  for 
Human  Rights  (AMDH)  maintains  a  list  of  68  persons  who  disappeared  between 
1961  and  1995  for  whom  no  information  is  available. 

There  were  no  developments  in  the  disappearance  of  Abdullah  Sherrouq,  a  stu- 
dent, who  was  reportedly  detained  by  security  services  on  June  22,  1981.  After  16 
years,  his  family  nas  been  unable  to  learn  anything  of  his  whereabouts  or  his  fate, 
despite  appeals  by  Amnesty  International. 

A  group  representing  Tazmamart  prison  survivors  and  the  families  of  persons  who 
disappeared  continues  to  call  for  an  accounting  of  unresolved  cases,  compensation 
to  families  of  those  who  disappeared,  proper  burial  of  victims'  remains,  and  prosecu- 
tion of  responsible  officials.  The  Government  has  not  responded  to  their  demands. 

The  Government  pays  a  monthly  stipend  of  $500  (5000  dirhams)  to  the  28  former 
prisoners  who  survived  18  to  20  years  in  solitary  confinement  without  health  care 
or  sanitary  facilities  at  Tazmamart  prison.  The  28  are  former  military  men  who  had 
been  arrested  in  connection  with  the  failed  coup  attempts  in  1971  and  1972.  After 
their  release,  the  Government  prohibited  them  from  speaking  out  publicly  about 
their  detention.  In  exchange,  the  Government  gave  the  28  assurances  that  it  would 
help  them  find  jobs  and  reintegrate  them  into  society,  however,  none  of  them  has 
yet  obtained  government  assistance  in  this  regard,  despite  public  complaints.  A 
former  Tazmamart  detainee,  Mohamed  IfTiaui,  complained  to  the  press  that  the 
Government  refused  his  application  for  a  passport  and  denied  him  a  voter  registra- 
tion card.  The  Government  claims  that  Ifliaui  does  not  appear  on  the  voter  lists  and 
has  not  requested  a  passport. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Government  claims  that  the  use  of  torture  has  been  discontinued,  but  news- 
papers and  other  sources  indicate  that  security  forces  still  torture  and  abuse  detain- 
ees. The  fact  that  detainees  are  not  allowed  to  have  contact  with  family  or  lawyers 
during  the  first  48  hours  of  incarceration  (see  Section  l.d.)  increases  the  likelihood 
of  torture  and  abuse. 

According  to  local  human  rights  advocates,  one  of  the  problems  in  documenting 
torture  and  abuse  is  that  autopsies  are  not  routine.  They  are  onlv  carried  out  at 
the  request  of  the  state  prosecutor  and  at  the  order  of  a  judge.  The  lack  of  autopsies 
indicates  that  follow-up  investigations  into  deaths  in  custody  are  inadequate  (see 
Section  l.a.). 

In  a  January  crackdown  on  Islamist  student  activities  on  campus,  security  forces 
beat  students,  many  of  them  innocent  bystanders  (see  Section  2.b.).  Police  also  beat 
student  protesters  at  Hassan  II  University  in  September  (see  Section  2.b.).  Students 
arrested  in  the  January-February  crackdown  on  Islamist  students  on  campuses  al- 
leged that  they  were  beaten  during  their  initial  detentions.  In  July  the  OMDH  re- 
ported that  demonstrators  arrested  in  Ait  Ishak  for  protesting  against  fraud  in  the 
election  of  the  local  council  chief  were  detained  overnight  and  tortured  at  the  offices 
of  a  local  Interior  Ministry  official.  Police  beat  textile  workers  in  February  (see  Sec- 
tions 2.b.  and  6.b.),  and  the  (jovernment  used  force  against  demonstrators  during 
the  June  local  elections  (see  Sections  3).  Security  forces  violently  broke  up  several 
student  demonstrations,  beating  students  so  severely  that  some  (reportedly  as  many 
as  20  in  one  instance)  were  placed  in  intensive  care.  One  student  reportedly  died 
due  to  injuries  caused  by  security  force  beatings  (also  see  Sections  l.a.,  l.d.,  2.a., 
and  2.b.). 

Although  prison  conditions  remain  harsh,  they  have  reportedly  improved  in  recent 
years,  due  in  part  to  reforms  undertaken  at  the  suggestion  of  the  Royal  Consultative 
Council  of  Human  Rights.  Nonetheless,  credible  reports  indicate  that  harsh  treat- 
ment and  conditions  continue,  with  state  security  prisoners  more  likely  to  be  victim- 
ized. In  May  the  AMDH  complained  about  conaitions  in  Kenitra  central  prison, 
which  contributed  to  the  deaths  of  eight  prisoners  who  were  already  in  poor  health. 
Also  in  May,  prisoners  at  Oukacha  prison  in  Casablanca  wrote  to  an  Arabic  lan- 
guage newspaper  to  repwrt  eight  deaths  from  February  to  April  due  to  malnutrition 
and  an  absence  of  medical  care.  These  allegations  follow  a  1996  open  letter  from 
detainees  at  Kenitra  prison  alleging  seven  deaths  due  to  poor  conditions.  In  Septem- 
ber 28  prisoners  died  when  a  fire  broke  out  at  the  Oukacna  prison.  In  response,  the 
Justice  Minister  admitted  that  the  prison,  designed  for  5,000  inmates,  actually  held 
8,831.  There  (jovemment  claims  to  nave  granted  prisoners'  demands  for  daily  visits, 
access  to  newspapers,  and  better  medical  care,  but  there  was  no  independent  con- 
firmation of  such  changes. 

The  Government  does  not  generally  permit  prison  visits  by  human  rights  mon- 
itors. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Legal  provisions  for  due  process  have 
been  revised  extensively  in  recent  years,  although  reports  indicate  that  the  authori- 
ties sometimes  ignored  them  (see  Section  I.e.).  Although  police  usually  make  arrests 


1533 

in  public,  they  do  not  always  identify  themselves  and  do  not  always  obtain  war- 
rants. Incommunicado  ("garde-a-vue")  detention  is  limited  to  48  hours,  with  one  24- 
hour  extension  allowed  at  the  prosecutor's  discretion.  In  state  security  cases,  the 
"garde-a-vue"  period  is  96  hours;  this  may  also  be  extended  by  the  prosecutor.  It 
is  during  this  initial  period,  when  defendants  are  denied  access  to  counsel,  that  the 
accused  is  interrogated  and  abuse  or  torture  is  most  likely  to  occur.  Some  members 
of  the  security  forces,  long  accustomed  to  indefinite  precharge  access  to  detainees, 
continue  to  resist  the  new  rules. 

Lawyers  are  not  always  informed  of  the  date  of  arrest,  and  thus  are  unable  to 
monitor  compliance  with  the  "garde-a-vue"  detention  limits.  While  the  law  provides 
for  a  limited  system  of  bail,  it  is  rarely  used.  Defendants  are,  however,  sometimes 
released  on  their  own  recognizance.  The  law  does  not  provide  for  habeas  corpus  or 
its  equivalent.  Under  a  separate  code  of  military  justice,  military  authorities  may 
detain  members  of  the  military  without  warrants  or  public  trial. 

Although  the  accused  are  generally  brought  to  trial  within  an  initial  period  of  2 
months,  prosecutors  may  order  up  to  five  additional  2-month  extensions  of  pretrial 
detention.  Thus,  an  accused  person  can  be  kept  in  pretrial  detention  for  up  to  1 
year. 

Security  forces  beat  and  arrested  students  in  a  number  of  demonstrations  on  cam- 
pus across  the  country  in  November  (also  see  Sections  l.a..  I.e.,  2. a.,  and  2.b.). 

There  are  no  known  instances  of  enforced  exile,  although  a  number  of  dissidents 
live  abroad  in  self-imposed  exile.  Their  number  has  been  steadily  diminishing,  how- 
ever, as  many  returned  to  Morocco  following  a  broad-based  amnesty  decree  issued 
by  the  Government  in  1994. 

Many  human  rights  groups  consider  Abraham  Serfaty  to  be  a  Moroccan  exile.  A 
member  of  the  (now  defunct)  Conrmiunist  Party  and  a  supporter  of  Saharan  inde- 
pendence, Serfaty  was  released  in  1991  after  17  years  in  prison.  Upon  his  release, 
the  Government  declared  that  Serfaty  was  a  Brazilian  rather  than  a  Moroccan  citi- 
zen, because  his  father  was  a  naturalized  Moroccan  citizen  originally  from  Brazil. 
Based  on  this  Serfaty  was  expelled  from  Morocco.  This  decision  has  been  widely 
criticized  by  human  rights  groups.  In  July  1996,  Serfaty's  wife  was  stopped  at  the 
Casablanca  airport  and  prohibited  from  entering  the  country.  Serfaty  has  appealed 
his  expulsion,  and  awaits  a  response. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  all  courts  are  subject  to  extrajudicial  pressures,  including  bribery  and  gov- 
ernment influence. 

There  are  three  levels  in  the  court  system,  courts  of  first  instance,  the  Appeals 
Court,  and  the  Supreme  Court.  While  in  theory  there  is  a  single  court  system  under 
the  Ministry  of  Justice,  two  other  courts  also  operate:  the  Special  Court  of  Justice 
that  handles  cases  of  civil  servants  implicated  in  corruption  and  the  Military  Tribu- 
nal for  cases  involving  military  personnel  and  on  certain  occasions  matters  pertain- 
ing to  state  security,  although  state  security  also  falls  within  the  jurisdiction  of  the 
regular  court  system. 

Although  there  is  a  single  court  system  for  most  nonmilitary  matters,  family  is- 
sues such  as  marriage,  divorce,  child  support  and  custody,  and  inheritance  are  adju- 
dicated by  judges  trained  in  Islamic  law,  or  Shari'a.  Judges  considering  criminal 
cases  or  cases  in  non-family  areas  of  civil  law  are  generally  trained  in  the  French 
legal  tradition.  All  judges  trained  in  recent  years  are  graduates  of  the  National  In- 
stitute for  Judicial  Studies,  where  they  undergo  2  years  of  study  heavily  focused  on 
human  rights  and  the  rule  of  law.  It  is  not  necessary  to  be  a  lawyer  to  become  a 
judge  and  the  majority  of  judges  are  not  lawyers. 

Parliament  authorized  the  creation  of  special  tribunals  in  January  to  hear  com- 
mercial complaints  and  resolve  all  small-  claims  cases,  thus  easing  the  burden  on 
the  traditional  court  system. 

In  general  detainees  are  arraigned  before  a  court  of  first  instance.  If  the  infraction 
is  minor  and  not  contested,  the  judge  may  order  the  defendant  released  or  impose 
a  light  sentence.  If  an  investigation  is  required,  the  judge  may  release  defendants 
on  tneir  own  recognizance.  Cases  are  often  adjudicated  on  the  basis  of  confessions, 
some  of  which  are  obtained  under  duress,  according  to  reliable  sources. 

All  courts  are  subject  to  extrajudicial  pressures.  Salaries  for  both  judges  and  their 
staffs  are  extremely  modest;  as  a  result,  petty  bribery  has  become  a  routine  cost  of 
court  business.  In  many  courts,  especially  in  minor  criminal  cases,  defendants  or 
their  families  pay  bribes  to  court  officers  and  judges  to  secure  a  favorable  disjwsi- 
tion. 

A  more  subtle  corruption  derives  from  the  judiciary's  relationship  with  the  Min- 
istry of  Interior.  Judges  work  closely  with  the  Ministry's  network  of  local  officials, 
or  caids,"  who  serve  as  members  of  the  Judicial  Police  and  often  assume  personal 
responsibility  for  the  questioning  of  criminal  detainees.  They  also  frequently  prepare 


1534 

the  written  summary  of  an  arrest  and  subsequent  interrogation.  The  summary  is 
admissible  in  court  and  may  be  the  only  evidence  introduced  at  trial,  effectively  ren- 
dering it  an  instruction  passed  from  the  caid's  office  to  the  court.  Credible  sources 
report  that  judges  who  hope  for  higher  salaries  and  career  advancement  follow  tiie 
caid's  guidance  closely. 

The  law  does  not  distinguish  political  and  security  cases  from  common  criminal 
cases.  In  serious  state  security  cases,  communications  between  the  Ministry  of  Inte- 
rior and  the  court  are  more  direct.  At  the  Government's  discretion,  such  cases  may 
be  brought  before  a  specially  constituted  military  tribunal,  which  is  subservient  to 
other  branches  of  the  Government,  notably  the  military  and  the  Ministry  of  Interior. 

Aside  from  external  pressures,  the  court  system  is  also  subject  to  resource  con- 
straints. Consequently,  criminal  defendants  charged  with  less  serious  offenses  often 
receive  only  a  cursoiy  hearing,  with  judges  relying  on  police  reports  to  render  deci- 
sions. Although  the  Government  provides  an  attorney  at  public  expense  for  serious 
crimes  (i.e.,  when  the  offense  carries  a  maximum  sentence  of  over  5  years),  ap- 
pointed attorneys  often  provide  inadequate  representation. 

During  student  demonstrations  in  January,  the  OMDH  condemned  the  Govern- 
ment's use  of  an  administrative  circular,  signed  by  three  ministers,  which  conferred 
responsibility  for  security  on  campuses  upon  Justice  Ministry  magistrates,  giving 
them  an  inappropriate  public  security  role. 

In  June  the  OMDH  and  AMDH  charged  that  members  of  the  Party  of  the  Demo- 
cratic and  Socialist  Avante-garde,  known  by  its  French  acronym  PADS,  did  not  re- 
ceive fair  trials  for  having  called  for  an  elections  boycott.  Many  of  the  over  130 
PADS  members  arrested  throughout  the  country  were  sentenced  to  short  prison 
terms  for  violating  laws  banning  calls  for  election  boycotts,  distribution  of  unauthor- 
ized tracts,  illegal  gatherings,  and  civil  disturbances.  Many  PADS  members  were 
charged  and  convicted  of  violating  Article  90  of  the  Electoral  Code,  among  other 
statutes,  which  provides  for  1  to  3  months'  imprisonment  and  a  fine  of  $127  to  $527 
(1,200  to  5,000  dirhams)  for  "anyone  .  .  .  who  incites  one  or  more  voters  to  abstain 
from  voting."  The  PADS  detainees  were  swiftly  tried,  often  receiving  only  cursory 
legal  defenses  before  receiving  their  sentences  (see  Section  2. a.). 

The  OMDH  estimates  that  there  are  some  60  political  prisoners,  of  which  50  are 
Islamists  and  the  remainder  are  leftists.  Among  the  50  alleged  Islamists  are  16 
members  of  the  "Group  of  26."  The  Ministry  of  Interior  claims  that  there  are  55 
Islamists  serving  sentences  for  offenses  that  range  from  arms  smuggling  to  partici- 
pating in  a  bomb  attack  on  a  hotel  in  Marrakech.  However,  some  of  these  prisoners 
remain  in  prison  for  having  called  for  an  Islamic  state  in  1983.  International  human 
rights  groups  estimate  of  the  number  of  persons  in  prison  for  advocating  independ- 
ence for  the  Western  Sahara  vary  from  none  to  700.  The  AMDH  lists  42  political 
prisoners  who  were  detained  between  1984  and  1996. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  states  that  the  home  is  inviolable  and  that  no  search  or  investigation 
may  take  place  without  a  search  warrant.  The  law  stipulates  that  a  search  warrant 
may  be  issued  by  a  prosecutor  on  good  cause.  Authorities  frequently  ignore  these 
provisions. 

Government  security  services  monitor  certain  persons  and  organizations,  both  for- 
eign and  Moroccan;  government  informers  monitor  activities  on  university  cam- 
puses. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Although  the  Constitution  provides  for  freedom 
of  expression,  the  Government  seriously  restricts  press  freedom  in  certain  areas. 

The  Government  owns  the  official  press  agency,  Maghreb  Arab  Press,  and  the  Ar- 
abic daily  Al-Anbaa.  The  Government  also  supports  two  semiofficial  dailies,  the 
French-language  Le  Matin  and  the  Arabic-language  Assahra,  in  addition  to  provid- 
ing subsidies  to  the  rest  of  the  press  through  price  supports  for  newsprint  and  office 
space.  A  1958  decree  grants  the  Government  the  authority  to  register  and  license 
domestic  newspapers  and  journals.  Authorities  can  use  the  licensing  process  to  pre- 
vent the  publication  of  materials  that  they  believe  cross  the  threshold  of  tolerable 
dissent.  Offending  publications  may  be  declared  a  danger  to  state  security,  seized, 
the  publisher's  license  suspended,  and  equipment  destroyed.  The  Ministry  of  Inte- 
rior can  control  foreign  publications  by  collecting  "banned"  publications  after  they 
have  been  distributed.  In  general,  however,  the  Government  does  not  employ  ex- 
treme measures,  since  the  media  regularly  engage  in  self-censorship  to  avoid  the 
Government's  attention  and  possible  sanctions. 

The  Press  Code  empowers  the  Minister  of  Interior  to  confiscate  publications  that 
are  judged  offensive  by  the  Government.  Under  the  Code  the  Prime  Minister  may 
order  the  indefinite  suspension  of  a  publication. 


1535 

The  Press  Code  empowers  the  Government  to  censor  newspapers  directly  by  or- 
dering them  not  to  report  on  specific  items  or  events.  In  most  instances,  government 
control  of  the  media  generally  is  exercised  through  directives  and  "guidance"  from 
the  Ministry  of  Interior.  Nonetheless,  the  Gtovemment  generally  tolerates  satirical 
and  often  stinging  editorials  in  the  opposition  parties'  dailies.  However,  both  law 
and  tradition  prohibit  criticism  on  three  topics:  the  monarchy,  Morocco's  claim  to  the 
Western  Sahara,  and  the  sanctity  of  Islam. 

There  were  some  notable  instances  of  censorship  during  the  year.  In  January  au- 
thorities banned  the  January  25  issue  of  the  London-  based  Arabic  language  weekly 
Al-Mustaqilla,  which  carried  an  article  about  Islamic  fundamentalism  in  Morocco. 
In  February  authorities  delayed  distribution  of  copies  of  the  Paris-based  English 
language  daily  International  Herald  Tribune  that  carried  commentary  critical  of  Mo- 
rocco. In  January  journalists  appealed  the  Prime  Minister's  November  1996  order 
banning  Al  Ousboua  Al  Siasia,  a  popular  tabloid  widely  distributed  in  major  cities, 
for  publishing  unflattering  stories  on  children  of  top  officials,  including  those  of  the 
Prime  Minister  and  the  Minister  of  Interior.  Nonetheless,  the  tabloid  remains 
closed.  In  November  the  Government  seized  copies  of  Le  Monde  and  The  Economist 
that  carried  articles  critical  of  the  Government.  The  December  11  edition  of  the 
French  weekly  L'Express  also  was  banned  due  to  an  article  critical  of  the  November 
elections  and  speculation  on  the  uncertainties  of  the  post-Hassan  era. 

The  Government  controls  RTM  radio  broadcasts.  Another  major  broadcaster  is  the 
French-backed  MEDI-1,  which  operates  from  Tangier  and  reaches  throughout  Mo- 
rocco and  North  Africa.  While  nominally  private  and  independent,  MEDI-1  prac- 
tices self-censorship,  as  do  other  Moroccan  media  outlets.  The  Government  owns  the 
only  television  stations  whose  broadcasts  can  be  received  in  most  parts  of  the  nation 
without  decoders  or  satellite  dish  antennas.  In  1996  the  Government  purchased  a 
majority  share  in  2M,  formerly  the  country's  sole  private  station,  which  can  be  re- 
ceived in  most  urban  areas.  The  ostensible  reason  for  the  Government's  action  was 
to  save  2M  from  bankruptcy;  the  Government  now  owns  68  percent  of  2M  stock  and 
the  Minister  of  Information  by  virtue  of  his  position  has  become  the  chairman  of 
the  board.  Since  then,  a  government-approved  committee  has  monitored  broadcasts 
for  objectionable  material.  Dish  antennas  are  available  on  the  market  and  permit 
free  access  to  a  variety  of  foreign  broadcasts.  Residents  of  the  north  can  receive 
Spanish  broadcasts  with  standard  antennas.  The  Government  does  not  impede  the 
reception  of  foreign  broadcasts  or  Internet  access. 

In  April  Malika  Malik,  host  of  a  popular  monthly  talk  show  on  television  channel 
2M,  was  dismissed  for  failing  to  control  the  statements  of  guests  appearing  on  her 
show.  During  the  March  broadcast,  a  journalist  appearing  on  her  program  had 
asked  a  political  party  leader  a  question  that  alleged  the  Interior  Minister's  complic- 
ity in  election  fraud.  She  was  reemployed  by  her  former  employer,  the  Ministry  of 
Social  Affairs,  in  August. 

During  the  local  election  campaign,  the  Government  arrested  over  130  demonstra- 
tors of  the  left-wing  PADS  party  lor  having  distributed  tracts  calling  for  a  boycott 
of  the  elections.  Most  of  the  detainees  received  1-  to  3-month  sentences  and  mod- 
erate fines  for  calling  for  an  election  boycott,  creating  civil  disturbances,  and  gather- 
ing illegally  (see  Section  I.e.). 

The  universities  enjoy  relative  academic  freedom  in  most  areas,  but  are  barred 
from  open  debate  on  the  monarchy,  the  Western  Sahara,  and  Islam.  Government 
informers  monitor  campus  activities  (see  Section  l.f.)  and  rectors  are  approved  by 
the  Ministry  of  Interior.  Police  beat  students  on  several  occasions  (sec  Sections  I.e. 
and  2.b.). 

University  students,  many  of  whom  were  member  of  the  Islamist  Justice  and 
Charity  Organization  (JCO),  demonstrated  on  campus  across  the  country  November 
25-27  to  protest,  among  other  issues,  transportation  and  lack  of  freedom  to  gather. 
In  many  cases,  security  forces  violently  intervened  to  break  up  the  many  sit-ins, 
gatherings,  and  marches.  On  November  25,  confrontations  at  Mohammed  Ben 
Abdullah  University  in  Fez  led  to  several  casualties.  One  student,  Moncef  Azzouzi, 
reportedly  died  of  head  injuries  sustained  from  beatings  by  the  security  forces. 
Three  other  persons  were  seriously  injured,  with  one  now  in  intensive  care.  More 
students  in  Fez  were  injured  on  November  27  when,  after  news  of  Azzouzi's  death, 
they  organized  a  march  to  the  University  from  the  hospital  where  he  and  others 
were  treated.  Police  intervened  and  beat  some  students  so  severely  that  they  were 
placed  in  intensive  care  (some  reports  put  the  number  at  20). 

Students  in  Tangiers  sponsored  a  sit-in  and  hunger  strike  on  November  27  to  pro- 
test lack  of  transportation  and  freedom  of  assembly.  Security  forces  reportedly  inter- 
vened violently  and  arrested  many  students.  One  was  placed  in  intensive  care  and 
others  were  hospitalized.  In  Casablanca  and  Mohammedia,  an  altercation  on  No- 


1536 

vember  28  led  to  the  arrest  of  two  students  at  the  Faculty  of  Law  for  illegally  gath- 
ering on  campus  (also  see  Sections  l.a.,  I.e.,  l.d.,  and  2.b.). 

b.  Freedom  of  Peaceful  Assembly  and  Association. — ^Although  the  Constitution  pro- 
vides for  freedom  of  assembly,  the  law  also  permits  the  &)vemment  to  suppress 
even  peaceful  demonstrations  and  mass  gatherings.  Most  conferences  and^  dem- 
onstrations require  the  prior  authorization  of  the  Ministry  of  Interior,  ostensibly  for 
security  reasons. 

In  a  continuation  of  1996  protests,  members  of  the  Association  of  Unemployed 
University  Graduates,  an  unofficial  organization  not  sanctioned  by  the  Government, 
continued  to  hold  periodic  sit-ins  in  front  of  the  Union  Marocaine  du  Travail  (UMT) 
labor  union's  Rabat  headauarters  to  protest  high  unemployment  and  government  in- 
action. There  was  little  omcial  reaction  until  August  22,  when  the  police  used  force 
to  block  another  association  of  unemployed  university  PhD  graduates  from  marching 
to  Parliament  to  demand  jobs,  injuring  several  marchers.  Earlier,  on  August  14,  po- 
lice used  force  to  intimidate  protesters  from  the  same  ^roup  who  gathered  peacefully 
at  the  Foreign  Ministry  to  present  a  petition  to  the  Pnme  Minister  and  the  Foreign 
Minister.  A  government  representative  accepted  the  student  petitions  and  the  crowd 
dispersed  peacefully. 

In  February  police  beat  textile  workers  in  Sale  who  were  demanding  better  pay 
and  conditions  during  a  sit-in  organized  at  the  factory  gates  (see  Section  6.b.). 

In  January  the  (jovemment  initiated  a  crackdown  on  student  demonstrations  over 
transportation  costs  which  were  being  exploited  by  Islamic  fundamentalist  groups. 
The  Islamist  groups  provoked  the  security  forces  by  taking  the  demonstrations  out- 
side the  campus  boundaries  for  the  first  time.  In  Casablanca  elite  security  forces 
entered  campuses,  breaking  up  any  gatherings,  and  beating  students,  many  of 
whom  were  innocent  bystanders  not  involved  in  Islamist  activities.  In  one  instance, 
security  forces  herded  students  out  of  a  library  where  they  had  been  studying  and 
beat  them  with  truncheons  as  a  warning  not  to  become  active  in  Islamist  activities. 

In  September  police  violently  broke  up  demonstrations  of  students  protesting  con- 
ditions on  the  Hassan  II  University  campus  and  lack  of  freedom  to  assemble  and 
Rray.  Police  beat  several  students  and  arrested  up  to  25  of  the  demonstrators.  In 
fovember  security  forces  violently  broke  up  several  student  demonstrations  on  cam- 
pus across  the  country,  severely  beating  protesters  and  causing  numerous  injuries, 
mcluding  one  death  (also  see  Sections  l.a..  I.e.,  l.d.,  and  2.a.). 

The  Constitution  provides  for  freedom  of  association,  however,  the  (jovemment 
limits  this  right  in  practice.  Under  a  1958  decree,  persons  wishing  to  create  an  orga- 
nization must  obtain  the  approval  of  the  Ministry  of  Interior  before  holding  meet- 
ings. In  practice  the  Ministry  uses  this  requirement  to  prevent  persons  suspected 
of  advocating  causes  opposed  by  the  Government  from  forming  legal  organizations. 
Islamist  and  leftist  groups  have  the  greatest  difficulty  in  obtaining  ofiicial  approval, 
although  there  are  over  20  active  Islamist  groups.  The  (Government  has  prohibited 
membership  in  two.  Justice  and  Charity  and  Jama'a  Islamia,  due  to  their  perceived 
anti-monarchy  rhetoric.  Political  parties  must  also  be  approved  by  the  Ministry  of 
Interior,  which  uses  this  power  to  control  participation  in  the  political  process.  How- 
ever, individual  Islamists  are  not  barred  from  participating  in  recognized  political 
parties. 

c.  Freedom  of  Religion. — ^Although  the  Constitution  provides  for  freedom  of  reli- 
gion, only  Islam,  Christianity,  and  Judaism  are  tolerated  in  practice. 

Islam  is  the  official  religion.  Ninety-nine  percent  of  citizens  are  Sunni  Muslims, 
and  the  King  bears  the  title  commander  of  the  faithful.  The  Jewish  community  of 
no  more  than  5,000  is  allowed  to  practice  its  faith,  as  is  the  somewhat  larger  foreign 
Christian  community.  The  Baha'i  community  of  150  to  200  people  has  been  forbid- 
den to  meet  or  hold  communal  activities  since  1983. 

Islamic  law  and  tradition  calls  for  strict  punishment  of  any  Muslim  who  converts 
to  another  faith,  although  voluntary  conversion  is  not  a  crime  under  the  Criminal 
or  Civil  Codes.  Any  attempt  to  induce  a  Muslim  to  convert  is  illegal.  Foreign  mis- 
sionaries either  limit  their  proselytizing  to  non-Muslims  or  conduct  their  work  quiet- 
ly. In  June  in  Tangier,  two  U.S.  citizens  were  briefiv  detained  and  subsequently  ex- 
pelled after  authorities  suspected  that  they  intended  to  proselytize.  In  August  in 
Settat,  five  South  Africans  were  expelled  for  the  same  reason.  At  the  same  time  an 
American  was  refused  permission  to  reenter  Morocco  from  a  brief  trip  outside  the 
country  because  of  suspicion  that  he  was  engaged  in  proselytizing.  Also  in  August 
in  Fez,  an  American  was  expelled  after  he  was  charged  with  proselytizing  and  pos- 
session of  Arabic-language  Bibles. 

The  Ministry  of  Islamic  Affairs  monitors  Friday  mosque  sermons  and  the  Koranic 
schools  to  ensure  the  teaching  of  approved  doctrine.  The  authorities  sometimes  sup- 
press the  activities  of  Islamists,  but  generally  tolerate  activities  limited  to  the  prop- 
agation of  Islam,  education,  and  charity.  Security  forces  commonly  close  mosques  to 


1537 

the  public  shortly  after  Friday  services  to  prevent  use  of  the  premises  for  unauthor- 
ized political  activity.  Authorization  to  construct  new  mosques  is  strictly  controlled 
by  the  Government. 

The  Government  permits  the  display  and  sale  of  bibles  in  French,  English,  and 
Spanish,  but  confiscates  Arabic  language  bibles  and  refuses  licenses  for  their  impor- 
tation and  sale. 

Throughout  the  year,  some  members  of  Morocco's  small  Baha'i  community  were 
convoked  by  Interior  Ministry  officials  for  questioning  concerning  their  faith  and 
meetings.  Some  Baha'is  have  been  denied  passports,  while  others  were  permitted  to 
travel  abroad  only  for  medical  emergencies. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Although  the  Constitution  provides  for  freedom  of  movement,  in  prac- 
tice security  forces  set  up  checkpoints  throughout  the  country  and  stop  traffic  at 
wiU.  In  some  regions  the  checkpoints  have  been  maintained  in  the  same  places  for 
years,  creating  what  some  characterize  as  internal  frontiers.  Reports  persist  that  po- 
lice use  these  checkpoints  to  demand  monetary  payments.  In  the  Moroccan-adminis- 
tered portion  of  the  Western  Sahara,  movement  is  restricted  in  areas  regarded  as 
militarily  sensitive. 

The  Ministiy  of  Interior  restricts  freedom  to  travel  outside  Morocco  in  certain  cir- 
cumstances. The  OMDH  and  AMDH  have  compiled  lists  of  individuals  who  have  re- 
portedly been  denied  passports.  The  AMDH's  list  includes  70  persons.  In  addition, 
all  civil  servants  and  military  personnel  must  obtain  written  permission  from  their 
ministries  to  leave  the  country.  Baha'is  experience  difficulty  in  obtaining  travel  doc- 
uments (see  Section  2.c.). 

In  June  1996,  Maria  Oufkir,  who  had  spent  14  years  under  house  arrest,  was  able 
to  leave  Morocco  and  emigrate  to  France.  Oufkir  is  the  dau^ter  of  Mohamed 
Oufkir,  a  general  and  Interior  Minister  during  the  1960's  who  was  implicated  in  the 
1971  coup  attempt  against  King  Hassan.  Oufkir  died  under  mysterious  cir- 
cumstances in  1972.  His  family  spent  the  following  14  years  under  house  arrest  and 
in  prison.  Although  nominally  released  in  1986,  the  Oufkir  family  remained  barred 
from  traveling  outside  Morocco  until  Maria  Oufkir's  move  to  France.  While  her 
fli^t  has  been  described  as  an  escape,  sources  report  that  the  Oufkirs  were  issued 
passports  shortly  before  her  departure,  and  it  is  acknowledged  that  she  departed 
with  at  least  the  tacit  consent  of^the  Government. 

Moroccans  may  not  renounce  their  citizenship,  but  the  King  retains  the  power — 
rarely  used — to  revoke  it.  Tens  of  thousands  of  Moroccans  hold  more  than  one  citi- 
zenship and  travel  on  passports  from  two  or  more  countries.  While  in  Morocco,  they 
are  regarded  as  Moroccan  citizens.  As  a  result,  the  Government  has  sometimes  re- 
fused to  recognize  the  right  of  foreign  embassies  to  act  on  behalf  of  dual  nationals 
or  even  to  be  informed  of  their  arrest  and  imprisonment.  Dual  nationals  sometimes 
complain  of  harassment  by  immigration  inspectors. 

The  Government  welcomes  voluntary  repatriation  of  Jews  who  have  emigrated. 
Moroccan  Jewish  emigres,  including  those  with  Israeli  citizenship,  freely  visit  Mo- 
rocco. The  Government  also  encourages  the  return  of  Sahrawis  who  have  departed 
Morocco  due  to  the  conflict  in  the  Western  Sahara — provided  that  they  recognize  the 
Government's  claim  to  the  region.  The  Government  does  not  permit  Saharan  nation- 
alists who  have  been  released  from  prison  to  live  in  the  disputed  territory. 

The  Government  cooperates  with  the  U.N.  High  Commissioner  for  Refugees 
(UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees.  There  were 
no  reports  of  forced  expulsion  of  anyone  having  a  valid  claim  to  refugee  status. 
While  Morocco  has  from  time  to  time  provided  political  asylum  to  individuals,  the 
issue  of  first  asylum  has  never  arisen. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Constitutional  provisions  notwithstanding,  in  practice  citizens  do  not  have  the 
right  to  change  their  national  government  by  democratic  means.  The  King,  as  Head 
of  State,  appoints  the  Prime  Minister,  who  is  the  titular  head  of  government.  The 
Parliament  has  the  theoretical  authority  to  effect  change  in  the  system  of  govern- 
ment, but  has  never  exercised  it.  Moreover,  the  Constitution  may  not  be  changed 
without  the  King's  approval.  The  Ministry  of  Interior  appoints  the  provincial  gov- 
ernors and  local  caids.  Municipal  councils  are  elected. 

Constitutional  changes  in  1992  authorized  the  Prime  Minister  to  nominate  all 
government  ministers,  but  the  King  has  the  power  to  replace  any  minister  at  will. 
Any  significant  surrender  of  power  from  the  Crown  to  the  Prime  Minister's  office 
was  further  diluted  when  the  King  transferred  to  the  Secretaries  General,  who  serve 
at  the  King's  pleasure,  many  of  the  powers  previously  vested  in  the  Ministers. 


1538 

Morocco  created  a  bicameral  legislature  in  1997.  Sixteen  parties  have  members 
in  Parliament.  The  opposition  parties  have  consistently  urged  that  all  Members  of 
Parliament  be  directly  elected  by  the  people.  Instead,  the  King  proposed  creating 
a  bicameral  legislature,  whereby  all  members  of  the  lower  chaniber  would  be  di- 
rectly elected  by  the  people  and  all  members  of  the  second  chamber  indirectly  se- 
lected. 

On  June  13,  Morocco  held  municipal  council  elections,  followed  by  balloting  for  re- 
gional professional  councils.  In  the  wake  of  the  June  election,  political  parties  ac- 
cused each  other  of  manipulation  and  vote-buying,  and  claimeci  government  inter- 
vention on  behalf  of  candidates.  Allegations  of  fraud  during  the  June  elections  are 
still  pending  before  the  Election  Commission.  The  OMDH  condemned  the  prominent 
role  of  the  Interior  Ministry  in  the  June  elections,  as  well  as  the  numerous  allega- 
tions of  vote-buying  both  by  the  Government  and  political  parties,  electoral  list  ma- 
nipulation by  the  Government,  and  electoral  card  falsification.  The  OMDH  also  criti- 
cized the  arrest  of  members  of  the  PADS  party,  who  were  detained  for  distributing 
tracts  that  called  for  an  election  boycott,  as  well  as  the  Government's  use  of  force 
against  demonstrators  in  Ait  Ishak,  near  Khenifra. 

In  August  King  Hassan  convoked  a  special  session  of  Parliament  to  ratify  two 
laws  creating  a  bicameral  assembly.  On  August  17,  Parliament  unanimously  ap- 
proved these  laws,  which  created  a  325-seat  lower  house  to  be  filled  by  direct  elec- 
tions, and  a  270-seat  upper  house  whose  member  would  be  elected  by  various  pro- 
fessional and  regional  councils.  There  were  widespread,  credible  allegations  of  vote 
buying  and  government  manipulation  in  the  November  legislative  elections.  The 
fraud  and  government  pressure  tactics  led  most  independent  observers  to  conclude 
that  the  election  results  were  heavily  influenced,  if  not  predetermined,  by  the  Gov- 
ernment. All  opposition  parties  criticized  the  Government,  and  some  called  for  a 
boycott  of  Parliament.  Two  winners  renounced  their  seats;  alleging  unsolicited  gov- 
ernment interference  on  their  behalf.  The  Government  is  investigating  some  of  the 
complaints,  other  it  is  deliberately  ignoring. 

Women  are  underrepresented  in  government  and  politics.  Since  August,  for  the 
first  time,  there  are  4  female  Secretaries  of  State  in  the  28-member  Cabinet.  There 
are  2  women  among  the  325  members  of  Parliament's  Chamber  of  Deputies  and  2 
women  in  the  Chaniber  of  Counselors. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  three  officially-recognized  nongovernmental  human  rights  groups:  the 
Moroccan  Human  Rights  Organization  (OMDH),  the  Moroccan  League  Tor  the  De- 
fense of  Human  Rights  (LMDH),  and  the  Moroccan  Human  Rights  Association 
(AMDH).  A  fourth  group,  the  Committee  for  the  Defense  of  Human  Rights  (CDDH), 
was  formed  in  1992  by  former  AMDH  members. 

The  Royal  Consultative  Council  on  Human  Rights  (CCDH),  an  advisory  body  to 
the  King,  counsels  the  palace  on  matters  such  as  prison  reform.  In  naming  the  in- 
terim government,  the  King  consolidated  several  ministerial  portfolios,  thereby 
eliminating  the  Human  Rights  Ministry  from  the  Government;  however,  he  named 
a  former  Human  Rights  Minister  as  Minister  of  Justice. 

Amnesty  international  (AI)  has  local  chapters  in  Rabat,  Casablanca,  and  Marra- 
kech.  These  chapters  participate  in  AI  international  letter  campaigns  outside  Mo- 
rocco. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Although  the  Constitution  states  that  all  citizens  are  equal,  non-Muslims  and 
women  face  discrimination  in  the  law  and  traditional  practice. 

Women.— Spousal  violence  is  common.  Although  a  oattered  wife  has  the  right  to 
complain  to  the  police,  as  a  practical  matter  she  would  do  so  only  if  prepared  to 
bring  criminal  charges.  While  physical  abuse  is  a  legal  ground  for  divorce,  the  court 
will  only  grant  it  if  the  woman  can  provide  two  witnesses  to  the  abuse.  Even  medi- 
cal certificates  are  not  sufficient.  Ii  the  court  finds  against  the  woman,  she  is  re- 
turned to  her  husband's  home.  Consequently,  few  women  report  abuse  to  the  au- 
thorities. 

The  Criminal  Code  includes  severepunishment  for  men  convicted  of  rape  or  sexu- 
ally assaulting  a  woman  or  a  girl.  The  defendants  in  such  cases  bear  the  burden 
of  proving  their  innocence.  However,  sexual  assaults  often  go  unreported  because  of 
the  stigma  attached  to  the  loss  of  virginity.  A  rapist  may  be  offered  the  opportunity 
to  marry  his  victim  in  order  to  preserve  the  honor  of  the  victim's  family.  The  law 
is  more  lenient  toward  men  with  respect  to  crimes  committed  against  their  wives; 


1539 

for  example,  a  light  sentence  or  reprimand  may  be  accorded  a  man  who  has  mur- 
dered his  wife  after  catching  her  in  the  act  of  adultery. 

Women  suffer  various  forms  of  legal  and  cultural  discrimination.  The  civil  law 
status  of  women  is  governed  by  the  Moudouwana,  or  Code  of  Personal  Status,  which 
is  based  on  Islamic  law.  Although  the  Moudouwana  was  reformed  in  1993,  women's 
groups  still  complain  of  unequal  treatment,  particularly  under  the  laws  governing 
marriage  and  divorce. 

In  order  to  marry,  a  woman  is  generally  required  to  obtain  the  p>ermission  of  her 
"tuteur,"  or  legal  guardian,  usually  her  father.  Only  in  unusual  circumstances  may 
she  act  as  her  own  "tuteur." 

It  is  far  easier  for  a  man  to  divorce  his  wife  than  for  a  woman  to  divorce  her  hus- 
band. Rather  than  asking  for  a  divorce,  a  man  may  simply  repudiate  his  wife. 
Under  the  1993  reforms  to  the  Moudouwana,  a  woman's  presence  in  court  is  re- 
quired in  order  for  her  husband  to  divorce  her,  although  women's  groups  report  that 
tnis  law  frequently  is  ignored.  The  divorce  can  be  finalized  even  over  the  woman's 
objections,  although  in  such  cases  the  court  grants  her  unspecified  allowance  rights. 

A  woman  seeking  a  divorce  has  several  alternatives.  She  may  offer  her  husband 
money  to  agree  to  a  divorce  (known  as  a  khol'a  divorce).  The  husband  must  agree 
to  the  divorce  and  is  allowed  to  specify  the  amount  to  be  paid — without  limit.  Ac- 
cording to  women's  groups,  many  men  pressure  their  wives  to  pursue  this  kind  of 
divorce.  A  woman  also  may  file  for  a  judicial  divorce  if  her  husband  chooses  to  take 
a  second  wife,  if  she  has  been  abandoned  by  her  husband,  or  if  she  is  a  victim  of 
physical  abuse.  However,  divorce  procedures  in  these  cases  are  lengthy  and  com- 
plicated. 

Under  the  Criminal  Code,  women  are  generally  accorded  the  same  treatment  as 
men,  but  this  is  not  the  case  for  family  and  estate  law,  which  is  based  on  the 
Malikite  school  of  Islamic  law.  Under  this  law,  women  inherit  only  half  as  much 
as  male  heirs.  Moreover,  even  where  the  law  provides  for  equal  status,  cultural 
norms  often  prevent  a  woman  from  exercising  those  rights.  When  a  woman  inherits 
property,  for  example,  male  relatives  may  pressure  her  to  relinquish  her  interest. 

While  many  well-educated  women  pursue  careers  in  law,  medicine,  education,  and 
government  service,  few  make  it  to  the  top  echelons  of  their  professions.  Women 
constitute  approximately  35  percent  of  the  work  force,  with  the  majority  in  the  in- 
dustrial, service,  and  teaching  sectors.  The  Government  reports  that  the  illiteracy 
rate  for  women  is  67  percent,  compared  with  41  percent  for  men.  Women  in  rural 
areas  suffer  most  from  inequality.  Rural  women  perform  most  hard  physical  labor, 
and  the  literacy  rate  in  the  countryside  is  significantly  lower  for  women  than  for 
men.  Girls  are  much  less  likely  to  be  sent  to  school  than  are  boys,  especially  in  rural 
areas  when  the  quality  of  schooling  is  inferior  to  urban  areas.  Women  who  do  earn 
secondary  school  diplomas,  however,  have  equal  access  to  university  education. 

Children. — The  Government  provides  compulsory  education  for  children  between 
the  ages  of  7  and  13.  The  Government  conducts  an  annual  campaign  to  vaccinate 
children  against  childhood  diseases. 

The  Government  has  taken  little  action  to  end  child  labor  (see  Section  6.d.). 
Young  girls  in  particular  are  exploited  as  domestic  servants.  Some  orphanages  are 
knowing  accomplices  to  the  practice  of  adoptive  servitude,  in  which  families  adopt 
young  girls  who  perform  the  duties  of  domestic  servants  in  their  new  homes.  Credi- 
ble reports  of  physical  abuse  are  widespread.  The  practice  is  often  rationalized  as 
a  better  alternative  to  keeping  the  girls  in  orphanages.  This  practice  is  socially  ac- 
cepted, attracts  little  criticism  and  is  unregulated  by  the  Government. 

Another  problem  facing  orphans  of  both  sexes  is  lack  of  civil  status.  Normally, 
men  are  registered  at  local  government  offices;  their  wives  and  unmarried  children 
are  included  in  this  registration,  which  confers  civil  status.  Civil  status  is  necessary 
to  obtain  a  birth  certificate,  passport,  or  marriage  license.  If  a  father  does  not  reg- 
ister his  child,  the  child  is  without  civil  status  and  the  benefits  of  citizenship.  It  is 
possible  for  an  individual  to  self-register,  but  the  process  is  long  and  cumbersome. 

People  With  Disabilities. — A  high  incidence  of  disabling  disease,  especially  polio, 
has  produced  a  large  population  of  disabled  persons.  While  the  Ministry  of  Social 
Affairs  contends  that  tne  Government  endeavors  to  integrate  the  disabled  into  soci- 
ety, in  practice  this  is  left  largely  to  private  charities.  However,  even  charitable  spe- 
cial education  programs  are  priced  beyond  the  reach  of  most  families.  Typically,  dis- 
abled persons  survive  by  begging.  The  Government  continued  a  pilot  training  pro- 
gram for  the  blind  sponsored  in  part  by  a  member  of  the  royal  family.  There  are 
no  laws  mandating  physical  changes  to  buildings  to  facilitate  access  by  the  disabled. 

National / Racial/ Ethnic  Minorities. — The  Constitution  affirms,  and  the  (govern- 
ment respects,  the  legal  equality  of  all  citizens.  The  official  language  is  Arabic.  Both 
French  and  Arabic  are  used  in  the  news  media  and  educational  institutions.  Science 
and    technical    courses    are    taught    in    French,    thereby    eliminating    the    large, 


1540 

monolingual  Arabic-speaking  population  from  these  programs.  Educational  reforms 
in  the  past  decade  have  stressed  the  use  of  Arabic  in  secondary  schools.  Failure  to 
similarly  transform  the  university  system  has  effectively  disqualified  many  students 
from  higher  education  in  lucrative  fields.  This  is  especially  true  among  the  poor,  for 
whom  French  training  is  not  always  affordable. 

Some  60  percent  of  the  population  claim  Berber  heritage.  Berber  cultural  groups 
contend  that  Berber  traditions  and  the  three  remaining  Berber  languages  are  rap- 
idly being  lost.  Their  repeated  requests  to  the  King  to  permit  the  teaching  of  Berber 
languages  in  the  schools  led  to  a  royal  decree  authorizing  the  necessary  curriculum 
changes,  although  no  changes  have  yet  occurred. 

In  June  1996,  a  number  of  Berber  associations  issued  a  conmiunique  petitioning 
the  Government  to  recognize  their  language,  Amzaghi,  as  an  official  language  and 
to  acknowledge  the  Amzaghi  culture  as  a  part  of  Moroccan  society.  The  Government 
thus  far  has  made  no  response  to  the  petition. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Although  workers  are  free  to  establish  and  join  trade 
unions,  the  unions  themselves  are  not  completely  free  from  government  interference. 
Perhaps  half  a  million  of  Morocco's  9  million  workers  are  unionized  in  17  trade 
union  federations.  Three  federations  dominate  the  labor  scene:  the  Union  Marocaine 
du  Travail  (UMT),  the  Confederation  Democratique  du  Travail  (CDT),  and  the 
Union  Generale  des  Travailleurs  Marocains  (UGTM).  The  UMT  has  no  political  af- 
filiation, but  the  CDT  is  affiliated  with  the  Socialist  Union  of  Popular  Forces,  and 
the  UGTM  with  the  Istiqlal  Party. 

It  is  widely  believed  that  the  Ministry  of  Interior  has  informants  within  the 
unions  who  monitor  union  activities  and  the  election  of  officers.  Sometimes  union 
officers  are  subject  to  government  pressure.  Some  unions,  particularly  the  UMT,  ex- 
perienced increased  harassment  and  violent  intervention  by  security  forces  in  efforts 
to  break  up  its  work  stoppages  during  the  year.  Union  leadership  does  not  always 
uphold  the  rights  of  members  to  select  their  own  leaders.  There  has  been  no  case 
01  the  rank  and  file  voting  out  its  current  leadership  and  replacing  it  with  another. 
For  example,  in  March  the  CDT  held  its  third  national  congress,  during  which  it 
reelected  Noubir  El  Amaoui,  who  ran  unopposed,  as  Secretary  General. 

Workers  have  the  right  to  strike  and  do  so.  Work  stoppages  are  normally  intended 
to  advertise  grievances  and  last  48  to  72  hours  or  less.  The  public  health  care  sector 
experienced  numerous  strikes  of  limited  duration  throughout  the  year.  Employees 
in  the  banking,  education,  and  phosphates  sectors  also  held  limited  strikes.  In  Janu- 
ary taxi  drivers  in  the  Rabat  area  held  a  strike  over  issues  including  insurance  costs 
and  vehicle  inspections. 

Unions  belong  to  regional  labor  organizations  and  maintain  ties  with  inter- 
national trade  union  secretariats. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  right  to  organize  and 
bareain  collectively  is  implied  in  the  constitutional  provisions  on  the  right  to  strike 
ana  the  right  to  join  oi^anizations.  Trade  union  federations  compete  among  them- 
selves to  organize  workers.  Any  group  of  8  workers  may  organize  a  union  and  a 
worker  may  change  union  affiliation  easily.  A  work  site  may  contain  several  inde- 
pendent locals  or  locals  affiliated  with  more  than  one  labor  federation. 

In  general  the  Government  ensures  the  observance  of  labor  laws  in  larger  compa- 
nies and  in  the  public  sector.  In  the  informal  economy,  and  in  the  textile  and  handi- 
crafts industries,  both  the  Government  and  management  routinely  ignore  labor  laws 
and  regulations.  As  a  practical  matter,  unions  have  no  judicial  recourse  to  oblige 
the  Government  to  enforce  labor  laws  and  regulations. 

The  laws  governing  collective  bargaining  are  inadequate,  collective  bargaining  has 
been  a  longstanding  tradition  in  some  parts  of  the  economy  such  as  the  industrial 
sector,  especially  heavy  industry,  but  the  practice  has  not  spread  to  other  sectors 
such  as  the  service  and  informal  sectors.  The  wages  and  conditions  of  employment 
of  unionized  workers  are  generally  set  in  discussions  between  employer  and  worker 
representatives.  However,  wages  for  the  vast  majority  of  workers  are  unilaterally 
set  by  employers. 

Employers  wishing  to  dismiss  workers  are  required  by  law  to  notify  the  provincial 
governor  through  the  labor  inspector's  office.  In  cases  where  employers  plan  to  re- 
place dismissed  workers,  a  government  labor  inspector  provides  replacements  and 
mediates  the  cases  of  workers  who  protest  their  dismissal.  Any  worker  dismissed 
for  conrmiitting  a  serious  infraction  of  work  rules  is  entitled  by  law  to  a  court  hear- 
ing. 

There  is  no  law  specifically  prohibiting  antiunion  discrimination.  Employers  com- 
monly dismiss  workers  for  union  activities  regarded  as  threatening  to  employer  in- 
terests, as  occurred  at  textile  plants  in  Sale  in  February  (see  Section  2.b.).  The 


1541 

courts  have  the  authority  to  reinstate  such  workers,  but  are  unable  to  ensure  that 
employers  pay  damages  and  back  pay. 

Ministry  of  Labor  inspectors  serve  as  investigators  and  conciliators  in  labor  dis- 
putes, but  they  are  few  in  number  and  do  not  have  the  resources  to  investigate  all 
cases.  Unions  have  increasingly  resorted  to  litigation  to  resolve  labor  disputes. 

Labor  law  reform  is  such  a  controversial  issue  that  a  draft  revised  Labor  Code 
has  remained  under  discussion  in  parliamentary  committee  for  3  years. 

Labor  law  applies  equally  to  the  small  Tangier  export  zone.  The  proportion  of 
unionized  workers  in  the  export  zone  is  about  the  same  as  in  the  rest  of  the  econ- 
omy. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor  was 
prohibited  in  1957  when  the  International  Labor  Organization's  (ILO)  Convention 
29  was  adopted  by  royal  decree.  When  authorities  become  aware  of  instances  of 
forced  labor,  courts  enforce  the  decree.  However,  in  practice,  the  Government  lacks 
the  resources  to  inspect  all  plfices  of  work  to  ensure  that  forced  labor  is  not  being 
used. 

The  Government  prohibits  forced  and  bonded  labor  by  children,  but  does  not  en- 
force this  prohibition  effectively.  The  practice  of  adoptive  servitude,  in  which  fami- 
lies adopt  young  girls  who  serve  as  domestic  servants,  is  socially  accepted,  and  the 
Government  does  not  regulate  it.  Physical  abuse  in  such  cases  is  widespread  (see 
Section  5). 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Abuse  of 
the  child  labor  laws  is  common.  The  law  prohibits  the  employment  or  apprenticeship 
of  any  child  under  12  years  of  age. 

Education  is  compulsory  for  children  between  the  ages  of  7  and  13  years.  Special 
regulations  cover  the  employment  of  children  between  the  ages  of  12  and  16  years. 
In  practice,  children  are  often  apprenticed  before  age  12,  particularly  in  the  handi- 
craft industry.  The  use  of  minors  is  common  in  the  rugmaking  industry  and  also 
exists  to  some  extent  in  the  textile  and  leather  goods  industries.  Children  are  also 
employed  informally  as  domestics  and  usually  receive  little  or  no  wages.  Safety  and 
health  conditions  as  well  as  wages  in  enterprises  employing  children  are  often  sub- 
standard. The  law  prohibits  forced  or  bonded  labor  by  children,  however  the  Govern- 
ment does  not  enforce  the  law  effectively  (see  Section  6.c.).  The  practice  of  adoptive 
servitude  is  often  characterized  by  physical  abuse  (see  Sections  5  and  6.c.). 

Ministry  of  Labor  inspectors  are  responsible  for  enforcing  child  labor  regulations, 
which  are  generally  well  observed  in  the  industrialized,  unionized  sector  of  the  econ- 
omy. However,  the  inspectors  are  not  authorized  to  monitor  the  conditions  of  domes- 
tic servants. 

The  Government  lacks  the  resources  to  enforce  laws  against  child  labor.  In  fact, 
there  is  general  acceptance  of  the  presumption  that,  to  learn  properly  traditional 
handicraft  skills,  it  is  necessary  for  children  to  start  working  at  a  young  age.  In  ad- 
dition, many  persons  argue  that  having  children  working  to  learn  a  craft  is  better 
than  having  them  live  on  the  streets. 

In  July  the  Government  announced  a  new  voluntary  labeling  system  for  carpet 
exports  to  certify  that  no  child  labor  was  involved  in  production.  The  system  is  co- 
sponsored  by  German  rug  importers.  However,  the  Government  does  not  monitor 
non-participating  handicraft  producers  who  violate  child  labor  laws. 

e.  Acceptable  Conditions  of  Work. — The  June  1996  general  strike  led  to  negotia- 
tions that  have  continued  throughout  the  year  among  the  Government,  the  manu- 
facturers' association,  and  the  labor  confederations  over  increasing  the  minimum 
wage  and  improving  health  benefits,  social  benefits,  and  housing.  In  August  1996, 
all  three  parties  agreed  to  a  10  percent  increase  in  the  minimum  wage  retroactive 
to  July  1,  raising  it  to  approximately  $166  (1,661  dirhams)  per  month  in  the  indus- 
trialized sector  and  to  approximately  $8.10  (80.96  dirhams)  per  day  for  agricultural 
workers.  Neither  figure  provides  a  decent  standard  of  living  for  a  worker  and  fam- 
ily— even  with  government  subsidies  for  food,  diesel  fuel,  and  public  transportation. 
In  many  cases,  several  family  members  combine  their  income  to  support  the  family. 
Most  workers  in  the  industrial  sector  earn  more  than  the  minimum  wage.  They  are 
generally  paid  between  13  and  16  months'  salary,  including  bonuses,  each  year. 

The  minimum  wage  is  not  enforced  effectively  in  the  informal  and  handicraft  sec- 
tors, and  even  the  Government  pays  less  than  the  minimum  wage  to  workers  at  the 
lowest  civil  service  grades.  To  increase  employment  opportunities  for  recent  grad- 
uates, the  Government  allows  firms  to  hire  them  for  a  limited  period  at  less  than 
the  minimum  wage. 

The  law  provides  for  a  48-hour  maximum  workweek  with  no  more  than  10  hours 
in  any  single  day,  premium  pay  for  overtime,  paid  public  and  annual  holidays,  and 
minimum  conditions  for  health  and  safety,  including  a  prohibition  on  night  work  for 


1542 

women  and  minors.  As  with  other  regulations  and  laws,  these  are  not  universally 
observed. 

Occupational  health  and  safety  standards  are  rudimentary,  except  for  a  prohibi- 
tion on  the  employment  of  women  in  certain  dangerous  occupations.  Labor  inspec- 
tors endeavor  to  monitor  working  conditions  and  accidents,  out  lack  sufficient  re- 
sources. While  workers,  in  principle,  have  the  right  to  remove  themselves  from  work 
situations  that  endanger  health  and  safety  without  jeopardizing  their  continued  em- 
ployment, there  were  no  reports  of  any  instances  in  which  a  worker  attempted  to 
exercise  this  right. 


WESTERN  SAHARA 

The  sovereignty  of  the  Western  Sahara  remains  the  subject  of  a  dispute  between 
the  Government  of  Morocco  and  the  Polisario  Front,  an  organization  seeking  inde- 
pendence for  the  region.  The  Moroccan  Government  sent  troops  and  settlers  into  the 
northern  two-thirds  of  the  Western  Sahara  after  Spain  withdrew  from  the  area  in 
1975  and  extended  its  administration  over  the  southern  province  of  Oued  Ed  Dahab 
after  Mauritania  renounced  its  claim  in  1979.  The  Moroccan  Government  has  under- 
taken a  sizable  economic  development  program  in  the  Western  Sahara  as  part  of 
its  long-term  efforts  to  strengthen  Moroccan  claims  to  the  territory. 

Since  1973  the  Polisario  Front  has  challenged  the  claims  of  Spain,  Mauritania, 
and  Morocco  to  the  territory.  Moroccan  and  Polisario  forces  fought  intermittently 
from  1975  to  the  1991  ceasefire  and  deployment  to  the  area  of  a  United  Nations 
(U.N.)  peacekeeping  contingent,  known  by  its  French  initials,  MINURSO. 

In  1975  the  International  Court  of  Justice  issued  an  advisory  opinion  on  the  sta- 
tus of  the  Western  Sahara.  The  Court  held  that  while  the  region's  tribes  had  histori- 
cal ties  to  Morocco,  the  ties  were  insufficient  to  warrant  recognition  of  Moroccan 
sovereignty.  According  to  the  court,  the  people  of  the  Western  Sahara,  called 
Sahrawis,  are  entitled  to  self-determination.  Most  Sahrawis  live  in  the  area  con- 
trolled by  Morocco,  but  there  is  a  sizable  refugee  population  near  the  border  with 
Morocco,  in  Algeria,  and,  to  a  lesser  extent,  in  Mauritania.  The  bulk  of  the  Sahrawi 
population  lives  within  the  area  delineated  by  a  Moroccan-constructed  berm,  which 
encloses  most  of  the  territory. 

Efforts  by  the  Organization  of  African  Unity  (OAU)  to  resolve  the  sovereignty 

guestion  collapsed  in  1984  when  the  OAU  recognized  the  Saharan  Arab  Democratic 
lepublic,  the  civilian  arm  of  the  Polisario  Front.  Morocco  withdrew  from  the  OAU 
in  protest. 

In  1988  Morocco  and  the  Polisario  Front  accepted  the  United  Nations'  plan  for  a 
referendum  that  would  allow  the  Sahrawis  to  decide  between  integration  with  Mo- 
rocco or  independence  for  the  territory.  The  referendum  was  scheduled  for  January 
1992,  but  was  postponed  because  the  parties  were  unable  to  agree  on  a  common  list 
of  eligible  voters — aespite  the  previous  acceptance  by  both  parties  of  an  updated  ver- 
sion of  the  Spanish  census  of  1974  as  the  base  for  voter  eligibility.  A  complicated 
formula  for  determining  voter  eligibility  was  ultimately  devised,  and  in  August 
1994,  MINURSO  personnel  began  to  hold  identification  sessions  for  voter  applicants. 
The  voter  identification  process  ended  in  December  1995  and,  after  several  fruit- 
less efforts  to  persuade  the  two  parties  to  cooperate,  the  U.N.  Security  Council  for- 
mally suspended  the  identification  process  in  May.  The  U.N.  and  friendly  govern- 
ments have  continued  to  urge  the  two  parties  to  seek  a  political  solution  to  the  con- 
flict. In  March  U.N.  Secretary-General  Kofi  Annan  appointed  former  U.S.  Secretary 
of  State  James  Baker  as  his  personal  envoy  to  examine  possible  approaches  for  a 
peaceful  settlement.  Baker  visited  the  region  in  March,  and  negotiations  between 
the  Moroccan  Government  and  the  Polisario  began  in  May.  In  September  represent- 
atives of  Morocco  and  the  Polisario  met  in  Houston  in  the  United  States,  ana  agreed 
to  a  series  of  compromise  agreements  on  the  1991  U.N.  Settlement  Plan  to  hold  a 
referendum  under  U.N.  auspices.  According  to  the  Houston  Accords,  identification 
of  potential  voters,  the  referendum  campaign,  and  vote  must  take  place  by  Decem- 
ber 1998. 

Since  1977  the  Saharan  provinces  of  Laayoune,  Smara,  and  Boujdour  have  par- 
ticipated in  local  elections  organized  and  controlled  by  the  Moroccan  Government. 
The  southern  province  of  Oued  Ed  Dahab  has  participated  in  Moroccan-controlled 
elections  since  1983.  Sahrawis  whose  political  views  are  aligned  with  Rabat  fill  all 
the  seats  allotted  to  the  Western  Sahara  in  the  Moroccan  Parliament. 

The  civilian  population  living  in  the  Western  Sahara  under  Moroccan  administra- 
tion is  subject  to  Moroccan  law.  U.N.  observers  and  foreign  human  rights  groups 
report  that  Sahrawis  have  difficulty  obtaining  Moroccan  passports,  that  the  Govern- 


1543 

ment  monitors  the  political  views  of  Sahrawis  more  closely  than  those  of  Moroccan 
citizens,  and  that  tne  police  and  paramilitary  authorities  react  especially  harshly 
against  those  suspected  of  supporting  independence  and  the  Polisario  Front.  Access 
to  the  territory  is  limited  by  tne  Moroccan  Government,  and  international  human 
rights  organisations  and  impartial  journalists  have  sometimes  experienced  difficulty 
in  securing  admission. 

After  years  of  denying  that  Sahrawis  were  imprisoned  in  Morocco  for  Polisario- 
related  military  or  political  activity,  the  Government  of  Morocco  released  300  such 
prisoners  in  1991.  Entire  families  and  Sahrawis  who  had  disappeared  in  the  mid- 
1970's  were  among  those  released.  The  Government  of  Morocco  has  failed  to  conduct 
a  public  inquiry  or  to  explain  how  and  why  those  released  spent  up  to  16  years  in 
incommunicado  detention  without  charge  or  trial. 

There  are  a  number  of  other  Sahrawis  who  remain  imprisoned  for  peaceful  pro- 
testa  which  urged  Saharan  independence.  Kelthoum  el-Ouanat  and  five  other 
Sahrawis  were  released  in  May  1996.  El-Ouanat  had  been  sentenced  to  a  20-year 
term  after  being  arrested  in  October  1992  following  a  demonstration  in  Smara.  Prior 
to  her  trial,  she  had  been  held  in  secret  detention  for  up  to  10  months  during  which 
time  she  reportedly  was  beaten,  tortured,  and  sexually  abused. 

In  May  1995,  8  Sahrawi  youths  were  arrested  for  demonstrating  for  Sahrawi  inde- 

fiendence;  in  June  1995,  they  were  given  20-year  sentences.  The  sentences  were 
ater  commuted  to  1  year  by  the  King,  and  the  8  Sahrawis  were  released  in  July 
1996,  14  months  after  having  been  taken  into  custody.  They  report  that  they  con- 
tinue to  be  closely  monitored  by  the  Moroccan  police. 

There  are  credible  reports  that  10  Sahrawis  were  arrested,  beaten,  and  kept  in 
seclusion  in  May  1996  following  demonstrations  in  several  cities  of  the  Western  Sa- 
hara in  support  of  Sahrawi  independence.  Reportedly  these  10  demonstrators  have 
been  sentenced  to  terms  of  imprisonment  ranging  from  18  months  to  17  years. 

The  Polisario  Front  claims  that  the  Government  continues  to  hold  several  hun- 
dred Sahrawis  as  political  prisoners  and  approximately  300  prisoners  of  war 
(POW's).  The  Government  formally  denies  that  any  Sahrawi  noncombatants  remain 
in  detention.  On  October  31,  1996,  Morocco  released  66  Sahrawi  combatants  who 
were  flown  to  the  Tindouf  area  of  Algeria  under  International  Committee  of  the  Red 
Cross  (ICRC)  auspices.  They  were  accompanied  by  foreign  diplomats.  The  Govern- 
ment also  claims  that  30,000  Sahrawi  refugees  are  detained  against  their  will  by 
the  Polisario  in  camps  around  Tindouf,  Algeria.  The  Polisario  denies  this  charge. 
There  are  credible  reports  that  the  number  of  refugees  in  Tindouf  far  exceeds 
30,000,  but  the  allegation  that  they  wish  to  leave  has  not  been  substantiated. 

The  ICRC  also  reports  that  the  Polisario  now  holds  approximately  1,900  Moroccan 
POW's.  A  group  of  185  POW's  was  repatriated  to  Morocco  in  a  humanitarian  airlift 
conducted  under  ICRC  auspices  in  November  1995.  In  April  Polisario  leaders  offered 
to  release  85  Moroccan  POW's  as  a  good  will  gesture  during  U.N.  envoy  Baker's  first 
meetings  in  Tindouf,  but  details  of  their  release  have  not  been  arranged  between 
Morocco  and  the  Polisario. 

Both  the  Moroccan  Government  and  the  Polisario  Front  refuse  to  repatriate  the 
remaining  POW's,  claiming  that  the  U.N.  settlement  plan  calls  for  the  release  of 
POW's  only  after  the  identification  process  is  complete. 

Freedom  of  movement  within  the  Western  Sahara  is  limited  in  militarily  sensitive 
areas.  Elsewhere,  security  forces  subject  travelers  to  arbitrary  questioning  and  de- 
tention. 

There  is  little  organized  labor  activity  in  the  Western  Sahara.  The  same  labor 
laws  that  apply  in  Morocco  are  applied  in  the  Moroccan-controlled  areas  of  the 
Western  Sahara.  Moroccan  unions  are  present  in  the  Moroccan-controlled  Western 
Sahara  but  are  moribund.  The  15  percent  of  the  territory  outside  Moroccan  control 
does  not  have  any  major  population  centers  or  economic  activity  beyond  nomadic 
herding.  The  Polisario-sponsored  labor  union,  the  Sario  Federation  of  Labor,  is  not 
active  in  the  Western  Sanara. 

There  were  no  strikes,  other  job  actions,  or  collective  bargaining  agreements  dur- 
ing the  year.  Most  union  members  are  employees  of  the  Moroccan  Government  or 
state-owned  organizations.  They  are  paid  85  percent  more  than  their  counterparts 
outside  the  Western  Sahara  as  an  inducement  to  Moroccan  citizens  to  go  there. 
Workers  in  the  Western  Ssihara  are  exempt  from  income  and  value-added  taxes  and 
receive  subsidies  on  such  commodities  as  Hour,  oil,  sugar,  fuel,  and  utilities. 

Moroccan  law  prohibits  forced  labor,  which  does  not  appear  to  exist  in  the  West- 
em  Sahara. 

Regulations  on  the  minimum  age  of  employment  are  the  same  as  in  Morocco. 
Child  labor  appears  to  be  less  common  than  in  Morocco,  primarily  because  of  the 
absence  of  industries  most  likely  to  employ  children,  such  as  rug  knotting  and  gar- 
ment making.  A  government  work  program  for  adults,  the  Promotion  Nationale,  pro- 


45-909    98-50 


1544 

vides  families  with  enough  income  that  children  need  not  be  hired  out  as  domestic 
servants.  Children  in  the  few  remaining  nomadic  groups  presumably  work  as  shep- 
herds along  with  other  group  members. 

The  minimum  wage  and  maximum  hours  of  work  are  the  same  as  in  Morocco.  In 
practice,  however,  workers  in  some  fish  processing  plants  may  woric  as  much  as  12 
nours  per  day,  6  days  per  week,  well  beyond  the  10-hour  day,  48-hour  week  maxi- 
mum stipulated  in  Moroccan  law.  Occupational  health  and  safety  standards  are  the 
same  as  those  enforced  in  Morocco.  They  are  rudimentary,  except  for  a  prohibition 
on  the  employment  of  women  in  dangerous  occupations. 


OMAN 


The  Sultanate  of  Oman  is  a  monarchy  which  has  been  ruled  by  the  Al  Bu  Sa'id 
family  since  the  middle  of  the  18th  century.  It  has  no  political  parties  or  directly 
elected  representative  institutions.  The  current  Sultan,  Qaboos  Bin  Sa'id  Al  Sa'id, 
acceded  to  the  throne  in  1970.  Although  the  Sultan  retains  firm  control  over  all  im- 
portant policy  issues,  he  has  brought  tribal  leaders — even  those  who  took  up  arms 
against  his  famil/s  rule — as  well  as  other  notables  into  the  Government.  In  accord- 
ance with  tradition  and  cultural  norms,  much  decisionmaking  is  by  consensus 
among  these  leaders.  In  1991  the  Sultan  established  the  59-seat  Consultative  Coun- 
cil, or  Majlis  Ash-Shura,  which  replaced  an  older  advisory  body.  The  Government 
selects  Council  members  from  lists  of  nominees  proposed  by  each  of  the  59  wilayats 
(regions).  After  the  first  national  census  in  1993,  the  Sultan  expanded  the  member- 
ship of  the  new  Council  to  80  seats.  In  1997  it  was  expanded  further  to  82  seats. 
The  Council  has  no  formal  legislative  powers  but  may  question  government  min- 
isters, even  during  unrehearsed  televised  hearings,  and  recommend  changes  to  new 
laws  on  economic  and  social  policy,  sometimes  leading  to  amendments  to  proposed 
decrees.  In  December  the  Sultan  appointed  41  persons  as  members  of  the  new  Coun- 
cil of  State  (Majlis  Al-Dawla),  which  with  the  current  Consultative  Council  forms 
the  bicameral  body  known  as  the  Majlis  Oman  (Council  of  Oman).  In  late  1996,  the 
Sultan  promulgated  by  decree  the  country's  "Basic  Law,"  which  provides  for  citizens' 
basic  rights  in  writing  for  the  first  time.  The  courts  are  subordinate  to  the  Sultan 
and  subject  to  his  influence. 

The  internal  and  external  security  apparatus  falls  under  the  authority  of  the  Min- 
istry of  Palace  Oflice  which  coordinates  all  intelligence  and  security  policies.  The  In- 
ternal Security  Service  investigates  all  matters  related  to  internal  security.  The 
Royal  Oman  Police,  whose  head  also  has  cabinet  status,  performs  regular  police  du- 
ties, provides  security  at  airports,  serves  as  the  country's  immigration  agency,  and 
maintains  a  small  coast  guard.  There  are  credible  reports  that  security  forces  occa- 
sionally abuse  detainees. 

Since  1970  Oman  has  used  its  modest  oil  revenue  to  make  impressive  economic 

grogress  and  improve  public  access  to  health  care,  education,  and  social  services, 
'man  has  a  mixed  economy  with  significant  government  participation  in  industry, 
transportation,  and  communications.  The  Government  seeks  to  diversify  the  econ- 
onriy  and  stimulate  private  investment. 

The  Government  continues  to  restrict  or  deny  important  human  rights.  Human 
rights  abuses  include  arbitrary  arrest,  mistreatment  of  detainees,  prolonged  deten- 
tion without  charge,  and  the  denial  of  due  process.  The  Government  restricts  free- 
dom of  expression  and  association  and  does  not  ensure  full  rights  for  workers  and 
women.  As  a  practical  matter,  the  people  do  not  have  the  right  to  change  their  gov- 
ernment. 

The  1996  Basic  Law  provides  for  many  basic  human  rights,  e.g.,  an  independent 
judiciary,  freedom  of  association,  speech,  and  press.  The  Basic  Law  permits  the  Gov- 
ernment 2  years,  until  1998,  to  adopt  the  necessary  implementing  decrees  but,  as 
a  practical  matter,  implementation  may  be  extended  to  the  year  2000. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Security  forces  abuse  some  detainees,  particularly  during  interrogation.  The  abuse 
does  not  appear  to  be  systematic  and  often  varies  depending  upon  the  social  status 
of  the  victim,  the  official  involved,  and  the  location  of  the  incident  (e.g.,  whether  it 


1545 

occurs  in  a  rural  or  an  urban  area).  Despite  reported  oflicial  efforts  to  prevent  such 
abuse,  incidents  still  occur.  Security  officials  sometimes  beat  detainees  but  are  often 
careful  to  conceal  evidence  of  abuse  by  employing  such  tactics  as  restricting  blows 
to  less  visible  areas  of  the  body.  Detainees  are  sometimes  left  in  isolation  with 
promises  of  release  or  improved  treatment  as  a  further  means  to  elicit  confessions 
or  information.  Although  judges  have  the  right  to  order  investigations  of  allegations 
of  mistreatment,  there  is  no  recent  evidence  that  any  officer  has  been  punished  for 
abusing  detainees.  The  1996  Basic  Law,  yet  to  be  implemented,  specifically  prohibits 
"physical  or  moral  torture"  and  stipulates  that  all  confessions  obtained  by  such 
methods  will  be  considered  null  and  void.  There  was  no  evidence  of  torture  in  1997. 
However,  in  the  recent  past,  techniques  reportedly  range  from  sleep  deprivation  to 
harsher  measures  such  as  hanging  a  bound  victim  from  a  steel  bar  in  such  a  way 
that  the  wrists  must  support  the  full  weight  of  the  body. 

The  Government  does  not  permit  independent  monitoring  of  prisons.  Neverthe- 
less, prison  conditions  appear  to  meet  minimum  international  standards.  Access  to 
some  prisoners  is  severely  restricted. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  police  may  obtain  warrants  prior  to 
making  arrests  but  are  not  required  by  law  to  do  so.  The  authorities  must  obtain 
court  orders  to  hold  suspects  in  pretrial  detention.  Within  24  hours  of  arrest,  the 
police  are  required  to  file  charges  or  ask  a  magistrate  judge  to  order  continued  de- 
tention. In  practice,  however,  the  police  do  not  always  follow  these  procedures. 
Judges  may  order  detentions  for  14  days  to  allow  investigation  and  may  grant  ex- 
tensions if  necessary.  There  is  a  system  of  bail.  The  1996  Basic  Law  provides  for 
certain  legal  and  procedural  rights  for  detainees. 

Police  handling  of  arrests  and  detentions  constitutes  incommunicado  detention  in 
some  instances.  The  police  do  not  always  notify  a  detainee's  family  or,  in  the  case 
of  a  foreign  worker,  the  worker's  sponsor  of  the  detention.  Sometimes  notification 
is  made  only  just  prior  to  the  detainee's  release.  The  authorities  post  a  list  of  per- 
sons scheduled  for  trial  near  the  magistrate  court  building  in  Muscat.  The  police 
do  not  always  permit  attorneys  and  family  members  to  visit  detainees.  Judges  occa- 
sionally intercede  to  ensure  that  security  officials  allow  such  visits. 

The  Government  does  not  practice  exile  as  a  form  of  punishment.  The  1996  Basic 
Law  prohibits  exile. 

e.  Denial  of  Fair  Public  Trial. — The  1996  Basic  Law  affirms  the  independence  of 
the  judiciary;  however  the  various  courts  are  subordinate  to  the  Sultan  and  subject 
to  his  influence.  The  Sultan  appoints  all  judges,  acts  as  a  court  of  final  appeal,  and 
intercedes  in  cases  of  particular  interest,  especially  in  national  security  cases.  How- 
ever, there  have  been  no  reported  instances  in  which  the  Sultan  has  overturned  a 
decision  of  the  magistrate  courts  or  the  commercial  court. 

The  judiciary  comprises  the  magistrate  courts,  which  adjudicate  misdemeanors 
and  criminal  matters;  the  Islamic,  or  Shari'a,  courts,  which  adjudicate  personal  sta- 
tus cases  such  as  divorce  and  inheritance;  the  commercial  court;  the  Labor  Welfare 
Board;  and  the  Rent  Dispute  Committee,  which  hears  tenant-landlord  disputes. 

In  May  the  Government  promulgated  into  law  the  provisions  of  the  1996  Basic 
Law  pertaining  to  "family  law",  i.e.,  law  that  falls  under  the  purview  of  the  Shari'a 
courts.  The  effect  of  this  new  law  has  been  to  regularize  the  nature  of  the  cases  and 
the  range  of  corresponding  judgments  within  the  Shari'a  court  system. 

A  State  Security  Court  tries  cases  involving  national  security  and  criminal  cases 
that  the  Government  decides  require  expeditious  or  especially  sensitive  handling. 
Magistrate  court  judges  have  presided  over  trials  in  the  State  Security  Court.  De- 
fendants tried  by  the  Security  Court  are  not  permitted  to  have  legal  representation 
present.  The  timing  and  the  location  of  the  Court's  proceedings  are  not  publicly  dis- 
closed. The  Court  does  not  follow  legal  procedures  as  strictly  as  the  magistrate 
courts,  although  prominent  civilian  jurists  form  the  panel.  The  Sultan  has  exercised 
hispowers  of  leniency,  including  in  political  cases. 

The  Criminal  Code  does  not  specify  the  rights  of  the  accused.  There  are  no  writ- 
ten rules  of  evidence,  codified  procedures  for  entering  cases  into  the  criminal  sys- 
tem, or  any  legal  provision  for  a  public  trial.  Criminal  procedures  have  developed 
by  tradition  and  precedents  in  the  magistrate  courts.  In  criminal  cases,  the  police 
provide  defendants  with  the  written  charges  against  them;  defendants  are  presumed 
innocent  and  have  the  right  to  present  evidence  and  confront  witnesses.  The  pros- 
ecution and  the  defense  question  witnesses  through  the  judge,  who  is  usually  the 
only  person  to  question  witnesses  in  court. 

tnere  are  no  jury  trials.  A  single  judge  tries  misdemeanors;  a  panel  of  three 
judges  tries  felonies  and  security  ofTenses.  Magistrate  court  judges  must  be  citizens. 
Public  prosecutors  are  senior  police  officers.  They  may  bring  additional  charges  after 
defense  attorneys  have  inspected  the  charge  sheet  or  during  trial. 


1546 

A  detainee  may  hire  an  attorney  but  has  no  explicit  right  to  be  represented  by 
counsel.  The  Government  does  not  pay  for  the  legal  representation  of  indigents. 
However,  the  1996  Basic  Law  affirms  both  right  to  counsel  and  government-funded 
legal  representation  for  indigents.  Judges  often  pronounce  the  verdict  and  sentence 
within  1  day  after  the  completion  of  a  trial.  Defendants  may  appeal  jail  sentences 
longer  than  three  months  and  fines  over  the  equivalent  of  $1,300  to  a  three-judge 
panel,  defendants  accused  of  national  security  offenses  and  serious  felonies  do  not 
have  the  right  of  appeal.  Death  sentences,  which  are  rare,  cannot  be  carried  out 
without  the  Sultan's  approval. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The  po- 
lice are  not  required  by  law  to  obtain  search  warrants.  There  is  a  widespread  belief 
that  the  Government  eavesdrops  on  both  oral  and  written  communications,  and 
Omanis  are  guarded  in  both  areas.  Citizens  must  obtain  permission  from  the  Min- 
istry of  Interior  to  marry  foreigners,  except  to  nationals  from  the  Gulf  Cooperation 
Council  (GCC)  countries.  Such  permission  is  not  automatically  granted.  Delays  or 
denial  of  permission  have  resulted  in  secret  marriages  within  Oman.  Marriages  in 
foreign  countries  can  lead  to  denial  of  entry  into  Oman  of  the  foreign  spouse  and 
prevent  a  legitimate  child  from  claiming  citizenship  rights. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  law  prohibits  criticism  of  the  Sultan  in  any 
form  or  medium.  The  authorities  tolerate  criticism  of  government  officials  and  agen- 
cies, but  such  criticism  rarely  receives  media  coverage.  The  announced  1996  Basic 
Law  provides  for  freedom  of  opinion  expressed  in  words,  writing,  or  all  other  media 
within  the  limits  of  the  law. 

The  1984  Press  and  Publication  Law  authorizes  the  Government  to  censor  all  do- 
mestic and  imported  publications.  Ministry  of  Information  censors  may  act  against 
any  material  regarded  as  politically,  culturally,  or  sexually  offensive.  However,  jour- 
nalists and  writers  genereilly  censor  themselves  to  avoid  government  harassment. 
Editorials  reflect  the  Government's  views,  although  the  authorities  tolerate  some 
criticism  on  foreign  affairs  issues.  The  Government  discourages  in-depth  reporting 
on  controversial  domestic  issues  and  seeks  to  influence  privately  owned  dailies  and 
periodicals  by  subsidizing  their  operating  costs. 

The  Government  prohibits  the  entry  onto  the  market  of  foreign  newspapers  and 
magazines  containing  reports  or  statements  deemed  critical  of  Oman.  However,  one 
foreign  publication  carrying  an  article  critical  of  the  Sultan  and  the  Government 
was  sold  in  Oman  in  September.  Customs  officials  sometimes  confiscate  video  cas- 
sette tapes  and  erase  offensive  material.  The  tapes  may  or  may  not  be  returned  to 
their  owners.  Government  censorship  decisions  are  periodically  changed  without  ap- 
parent reason.  The  lifting  of  the  boycott  against  Israel  has  eliminated  prohibitions 
on  publications  from  or  about  Israel  that  meet  other  censorship  standards.  There 
is  a  general  perception  that  the  confiscation  of  books  and  tapes  at  the  border  from 
private  individuals  and  restrictions  on  popular  novels  has  somewhat  eased.  How- 
ever, it  has  reportedly  become  more  difficult  to  obtain  permission  to  distribute  books 
that  censors  decide  have  factual  errors  about  Oman  (including  outdated  maps)  in 
the  local  market. 

The  Government  controls  the  local  radio  and  television  companies.  They  do  not 
air  any  politically  controversial  material.  The  Government  does  not  allow  the  estab- 
lishment of  privately  owned  radio  and  television  companies.  However,  the  availabil- 
ity of  satellite  dishes  has  made  foreign  broadcast  information  accessible  to  the  pub- 
lic. The  Government,  through  its  national  telecommunications  company,  provides 
full,  uncensored  Internet  access  to  citizens  and  foreigners. 

The  appropriate  government  authority,  such  as  Sultan  Qaboos  University,  the  po- 
lice, or  the  relevant  ministry  must  approve  public  cultural  events,  including  plays, 
concerts,  lectures,  and  seminars.  Most  organizations  avoid  controversial  issues  due 
to  fear  that  the  authorities  may  cancel  their  events.  Academic  freedom  is  restricted, 
particularly  regarding  controversial  matters,  including  politics.  Professors  may  be 
dismissed  for  going  beyond  acceptable  boundaries. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  does  not  guarantee 
freedom  of  assembly.  All  public  gatherings  require  government  sponsorship.  The  au- 
thorities do  not  always  enforce  this  requirement,  and  gatherings  sometimes  take 
place  without  formal  government  approval.  Regulations  implemented  in  1994  re- 
stricting most  types  of  public  gatherings  remain  in  effect.  The  1996  Basic  Law  pro- 
vides for  limited  freedom  of  assembly. 

Current  law  states  that  the  Ministry  of  Social  Affairs  and  Labor  must  approve 
the  establishment  of  all  associations  and  their  bylaws.  Despite  this  ruling,  some 
groups  are  allowed  to  function  without  formal  registration.  The  Government  uses 


1547 

the  power  to  license  associations  as  a  means  to  control  the  political  environment. 
It  does  not  license  groups  regarded  as  a  threat  to  the  predominant  social  or  political 
views  of  the  Sultanate.  Formal  registration  of  associations  for  expatriates  is  limited 
to  a  maximum  of  one  association  for  any  nationality.  The  1996  Basic  Law's  provi- 
sions— not  yet  in  effect — regulate  the  formation  of  associations. 

c.  Freedom  of  Religion. — Islam  is  the  state  religion,  which  is  affirmed  by  the  1996 
Basic  Law.  The  1996  Basic  Law  provides  that  Islamic  law  (Shari'a)  is  the  basis  for 
legislation  and  preserves  the  freedom  to  practice  religious  rites,  in  accordance  with 
tradition,  provided  that  does  not  breach  public  order.  Discrimination  against  indi- 
viduals on  the  basis  of  religion  or  sect  is  prohibited.  Implementing  decrees  for  the 

1996  Basic  Law  have  not  yet  been  established. 

Most  Omanis  are  Ibadhi  or  Sunni  Muslims,  but  there  is  also  a  minority  of  Shi'a 
Muslims.  Non-Muslims  are  free  to  worship  at  churches  and  temples  built  on  land 
donated  by  the  Sultan.  There  are  many  Christian  denominations  which  utilize  two 
plots  of  donated  land  on  which  two  Catholic  and  two  Protestant  churches  have  been 
built.  Hindu  temples  also  exist  on  government  provided  land.  Other  land  has  been 
made  available  to  Catholic  and  Protestant  missions  in  Sohar  and  Salalah. 

The  Government  prohibits  non-Muslims  from  proselytizing  Muslims.  It  also  pro- 
hibits non-Muslim  groups  from  publishing  relirious  material,  although  material 
printed  abroad  may  l)e  brought  into  the  country.  Members  of  all  religions  and  sects 
are  free  to  maintain  links  with  coreligionists  abroad  and  undertake  foreign  travel 
for  religious  purposes.  Due  to  government  restrictions  on  public  gatherings,  there 
has  been  a  substantial  curtailment  of  non-Muslim  religious  celebrations  in  recent 
years. 

The  police  monitor  mosque  sermons  to  ensure  that  the  preachers  do  not  discuss 
political  topics  and  stay  within  the  state-approved  orthodoxy  of  Islam.  The  Govern- 
ment expects  all  imams  to  preach  sermons  within  the  parameters  of  standardized 
texts  distributed  monthly  by  the  Ministry  of  Justice,  Awqaf,  and  Islamic  AlTairs. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  does  not  restrict  travel  by  citizens  within  the  country 
except  to  military  areas.  Foreigners,  other  than  diplomats,  must  obtain  a  govern- 
ment pass  to  cross  border  points.  To  obtain  a  passport  and  depart  the  country,  a 
woman  must  have  authorization  from  her  husband,  father,  or  nearest  male  relative. 
However,  a  woman  having  an  Omani  identity  card,  which  must  be  obtained  via 
male  authorization,  may  travel  to  certain  Gulf  Cooperation  Council  countries  with- 
out a  passport. 

Until  the  promulgation  of  the  Basic  Law,  the  Government  did  not  have  a  policy 
on  refugees,  or  a  tradition  of  harboring  stateless  or  undocumented  aliens.  The  1996 
Basic  Law  prohibits  the  extradition  oi  political  refugees.  The  issue  of  the  provision 
of  first  asylum  did  not  arise  in  1997.  Oman  offered  temporary  refuge  to  several 
thousand  Yemenis  in  1994  displaced  by  a  civil  war.  They  returned  to  Yemen  follow- 
ing the  war's  end.  Tight  control  over  the  entry  of  foreigners  into  the  country  has 
effectively  screened  out  would-be  refugees. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Oman  is  an  autocracy  in  which  the  Sultan  retains  the  ultimate  authority  on  all 
important  foreign  and  domestic  issues.  The  country  has  no  formal  democratic  politi- 
cal institutions,  and  its  citizens  do  not  have  the  ability  peacefully  to  change  their 
leaders  or  the  political  system. 

The  Sultan  promulgated  Oman's  first  defacto  written  constitution,  known  as  the 
Basic  Law,  in  Noveniber,  1996.  Although  it  has  immediate  force  of  law,  laws  and 
regulations  to  implement  its  provisions  are  to  be  phased  in  by  the  year  2000.  The 
law  does  not  provide  for  political  parties  or  direct  elections.  Citizens  have  indirect 
access  to  senior  officials  through  the  traditional  practice  of  petitioning  their  patrons, 
usually  the  local  governor,  or  wali,  for  redress  of  grievances.  Successful  redress  de- 

gends  on  the  efiectiveness  of  the  patron's  access  to  appropriate  decisionmakers.  The 
ultan  appoints  the  governors.  The  Sultan  makes  an  annual  3-week  tour  of  the 
country,  accompanied  by  his  ministers.  The  tour  allows  the  Sultan  to  listen  directly 
to  his  subjects'  problems. 

In  1991  Sultan  Qaboos  established  a  Consultative  Council,  or  Majlis  Ash-Shura. 
In  1994  he  expanded  the  number  of  Council  seats  to  80  from  the  original  59,  a  move 
that  allocated  2  members  for  districts  with  a  higher  population.  Due  to  the  1994- 

1997  population  increase,  the  number  of  seats  was  further  expanded  to  82  for  the 
October  elections.  The  Government  selects  the  Council  members  from  several  nomi- 
nees, both  male  and  female,  elected  by  prominent  persons  in  each  district.  In  the 
October  elections,  over  50,000  Omani  men  and  women,  3  percent  of  the  total  popu- 
lation, were  eligible  to  vote  in  all  districts  throughout  the  country.  These  voters  (or 


1548 

electors)  had  volunteered  for  the  position,  their  police  records  were  checked  by  the 
Government,  and  they  were  subject  to  government  approval.  In  some  cases,  nomi- 
nees with  the  most  votes  might  not  win  appointment  to  the  Council,  if  the  Sultan 
decides  not  to  appoint  them.  The  Council  has  no  formal  legislative  powers,  which 
remain  concentrated  in  the  Sultan's  hands.  However,  it  serves  as  a  conduit  of  infor- 
mation between  the  people  and  the  government  ministries.  No  serving  government 
official  is  eligible  to  be  a  council  member.  The  Council  may  question  government 
ministers  in  public  or  in  private,  review  all  draft  laws  on  social  and  economic  policy, 
and  recommend  legislative  changes  to  the  Sultan,  who  makes  the  final  decision.  In 
mid-December  the  Sultan  announced  the  appointment  of  41  persons  to  the  new 
Majlis  Al-Dawla  (Council  of  State).  The  precise  responsibilities  of  the  Council  of 
State  and  its  relationship  to  the  existing  Consultative  Council  remain  to  be  clarified. 
As  provide  for  in  the  1996  Basic  Law,  the  Council  of  State  and  the  Consultative 
Council  together  will  form  the  Majlis  Oman,  or  Council  of  Oman. 

The  Sultan  has  publicly  advocated  a  greater  role  for  women  in  both  the  public 
and  private  sectors.  In  the  October  elections,  the  Government  selected  two  women 
to  serve  on  the  Consultative  Council.  In  December  the  Sultan  appointed  4  women 
to  the  41-member  Majlis  Al-Dawla. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  prohibits  the  establishment  of  human  rights  groups.  The  exist- 
ing restrictions  on  the  freedom  of  speech  and  association  do  not  permit  any  activity 
or  speech  critical  of  the  Government.  There  were  no  known  requests  by  inter- 
national human  ri^ts  organizations  to  visit  Oman. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  1996  Basic  Law  prohibits  discrimination  on  the  basis  of  sex,  ethnic  origin, 
race,  religion,  language,  sect,  place  of  residence,  and  social  class.  However,  decrees 
to  implement  its  provisions  have  not  been  promulgated.  Institutional  and  cultural 
discrimination  based  on  gender,  race,  religion,  social  status,  and  disability  exists. 

Women. — There  is  no  evidence  of  a  pattern  of  spousal  abuse  although  observers 
say  that  allegations  of  such  abuse  in  the  Shari'a  Courts  are  not  uncommon.  Defini- 
tive information  is  scant  and  difficult  to  collect.  Doctors  do  not  have  a  legal  respon- 
sibility to  report  either  spouse  or  child  abuse  cases  to  the  courts.  Battered  women 
may  file  a  complaint  with  the  police  but  more  often  seek  family  intervention  to  pro- 
tect them  from  violent  domestic  situations.  Likewise,  families  seek  to  intervene  to 
keep  such  problems  out  of  public  view.  There  have  been  reports  that  employers  or 
male  coworKers  have  sexually  harassed  foreign  females  employed  in  such  positions 
as  domestic  servants  and  hospital  nurses.  Foreign  women  employed  as  domestic 
servants  and  garment  workers  have  complained  that  their  employers  have  withheld 
their  salaries  and  that  government  officials  have  been  unresponsive  to  their  griev- 
ances. Individuals  known  to  be  abusing  domestics  are  not  always  brought  to  account 
for  their  actions.  Several  foreign  women  have  had  to  ask  their  governments'  em- 
bassy for  shelter  to  escape  abuse. 

Most  women  live  within  the  confines  of  their  homes.  They  continue  to  face  many 
forms  of  discrimination.  Illiteracy  among  older  women  hampers  their  ability  to  own 
property,  participate  in  the  modern  sector  of  the  economy,  or  even  inform  them- 
selves of  their  rights.  Government  officials  frequently  deny  women  land  grants  or 
housing  loans  and  prefer  to  conduct  business  with  a  woman  s  husband  or  other  male 
relative. 

Some  aspects  of  Islamic  tradition  also  discriminate  against  women.  Islamic  law 
favors  male  heirs  in  adjudicating  inheritance  claims.  Many  women  are  reluctant  to 
take  an  inheritance  dispute  to  court  for  fear  of  alienating  tne  family. 

However,  since  1970  conditions  for  women  have  improved  dramatically  in  several 
areas.  Whereas  in  1970  no  schools  existed  for  girls,  the  most  recent  figures  available 
from  the  Ministry  of  Education  report  an  enrollment  rate  nearing  90  percent  for  all 
girls  eligible  for  elementary  school.  In  the  1996-97  school  year,  female  students  con- 
stituted approximately  50  percent  of  the  total  number  of  students  attending  public 
schools.  Despite  the  addition  of  an  extra  500  male  students  in  September,  women 
still  constitute  roughly  half  of  the  5,000  students  at  Sultan  Qaboos  University.  In 
November  542  women  and  327  men  received  bachelors  degrees  as  members  of  the 
eighth  graduating  class,  while  5  women  and  2  men  received  masters  degrees.  The 
university  has  a  quota  system  with  the  apparent  goal  of  increasing  the  number  of 
men  studying  certain  specialties.  Reportedly,  women  are  being  limited  to  50  percent 
of  the  seats  m  the  medical  department  and  are  not  permitted  to  pursue  degrees  in 


1549 

engineering  and  archeology.  The  quotas  are  expected  to  allow  women  to  constitute 
a  majority  m  some  other  departments. 

Women  have  also  made  gains  in  the  work  force.  Some  educated  women  have  at- 
tained positions  of  authority  in  government,  business,  and  the  media.  Approximately 
20  percent  of  all  civil  servants  are  women.  In  both  the  public  and  private  sectors, 
women  are  entitled  to  maternity  leave  and  equal  pay  for  equal  work.  The  bureauc- 
racy, the  countiys  largest  employer  of  women,  observes  such  regulations,  as  do 
many  private  sector  employers.  Still,  many  educated  women  face  job  discrimination 
because  prospective  employers  fear  they  might  resign  to  marry  or  raise  families. 
Several  women  employees  in  the  Government  have  complained  that  they  have  been 
denied  promotion  in  favor  of  less  capable  men.  Government  grants  for  study  abroad 
are  limited  almost  exclusively  to  males. 

Children. — The  Government  has  made  the  health,  education,  and  general  welfare 
of  children  a  budgetary  priority.  Primary  school  education  is  free  and  universal  but 
not  compulsory.  Most  children  attend  school  through  secondary  school,  to  age  18. 
No  signilicant  sectors  or  groups  within  the  population  are  prevented  from  receiving 
an  education.  The  infant  mortality  rate  continues  to  decline,  and  comprehensive  im- 
munization rates  have  risen.  There  is  no  pattern  of  familial  or  other  child  abuse. 
Government  officials  have  publicly  called  lor  greater  awareness  and  prevention  of 
child  abuse.  A  few  communities  in  the  interior  and  in  the  Dhofar  region  still  prac- 
tice female  genital  mutilation  (FMG).  FMG  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health.  Experts  be- 
lieve that  the  number  of  such  cases  is  small  and  declining  annually.  Oman  ratified 
the  U.N.  Convention  on  the  Rights  of  the  Child  in  1996  with  reservations  relating 
to  freedom  of  children  to  choose  a  religion  and  government  spending  limits. 

People  With  Disabilities. — The  Government  has  mandated  parking  spaces  and 
some  ramps  for  wheelchair  access  in  private  and  government  office  buildings  and 
shopping  centers.  Compliance  is  voluntary.  Students  in  wheelchairs  have  easy  ac- 
cess to  Sultan  Qaboos  University.  The  Government  has  established  several  rehabili- 
tation centers  for  disabled  children.  Disabled  persons,  including  the  blind,  work  in 
government  offices.  Free  government  medical  assistance  to  all  citizens  includes 
physical  therapy  and  prosthetics  support  for  the  disabled. 

Religious  Minorities. — Some  members  of  the  Shi'a  Muslim  minority  claim  they 
face  discrimination  in  employment  and  educational  opportunities.  Some  members  of 
this  same  community,  however,  occupy  prominent  positions  in  both  the  private  and 
public  sectors. 

National  / Racial  / Ethnic  Minorities. — Citizens  of  east  African  origin  complain  that 
they  frequently  face  job  discrimination  in  both  the  public  and  private  sectors.  Some 
public  institutions  reportedly  favor  hiring  members  of  one  or  another  regional,  trib- 
al, or  religious  group.  However,  no  group  is  banned  from  employment. 

Members  of  the  Shihuh  tribe  in  the  strategic  province  of  Musandam  have  charged 
that  security  authorities  have  harassed  and  detained  tribe  members  who  complain 
about  alleged  inattention  or  mistreatment  by  the  central  Government. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Government  has  not  yet  promulgated  a  new 
labor  law  that  was  first  drafted  by  the  Ministry  of  Social  Affairs  and  Labor  in  1994. 
In  the  last  quarter  of  1996,  the  Consultative  Council  recommended  some  changes, 
but  the  Government  has  not  yet  issued  a  new  labor  law.  Government  officials  have 
said  that  the  new  labor  law  will  be  consistent  with  international  labor  standards. 
The  current  law  stipulates  that  "it  is  absolutely  forbidden  to  provoke  a  strike  for 
any  reason." 

Labor  unrest  is  rare.  Although  strikes  are  technically  illegal,  workers  sometimes 
stage  job  actions.  In  general  these  disputes  are  settled  without  police  intervention. 
In  1994  the  Government  joined  the  International  Labor  Organization. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  current  law  does  not  pro- 
vide for  the  right  to  collective  bargaining.  It  requires,  however,  that  employers  of 
more  than  50  workers  form  a  joint  labor-management  committee  as  a  communica- 
tion forum  between  the  two  groups.  The  implementation  of  this  provision  is  uneven, 
and  the  effectiveness  of  these  committees  is  questionable.  In  general  the  committees 
discuss  such  Questions  as  living  conditions  at  company-provided  housing.  They  are 
not  authorizea  to  discuss  wages,  hours,  or  conditions  of  employment.  Such  issues 
are  specified  in  the  work  contracts  signed  individually  by  workers  and  employers 
and  must  be  consistent  with  the  guidelines  of  the  Ministry  of  Social  Affairs  and 
Labor. 

The  current  law  defines  conditions  of  employment  for  some  Omanis  and  foreign 
workers.  It  covers  domestic  servants  and  construction  workers  but  not  temporary 
workers  or  those  with  work  contracts  that  expire  within  3  months.  Foreign  workers 


1550 

constitute  at  least  50  percent  of  the  work  force  and  as  much  as  80  percent  of  the 
modem-sector  work  force. 
Work  rules  must  be  approved  by  the  Ministry  of  Social  Affairs  and  Labor  and 

f>osted  conspicuously  in  the  workplace  by  employers  of  10  or  more  workers.  Simi- 
arly,  any  employer  with  50  or  more  workers  must  establish  a  grievance  procedure. 
Regardless  of  the  size  of  the  company,  any  employee,  including  loreign  workers,  may 
file  a  grievance  with  the  Labor  Welfare  Board.  Sometimes  worker  representatives 
file  collective  grievances,  but  most  grievances  are  filed  by  individual  workers.  Lower 
paid  workers  use  the  procedure  regularly.  Plaintiffs  and  defendants  in  such  cases 
may  be  represented  by  legal  counsel. 
'Hiere  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  1973  Labor  Law  prohibits 
forced  or  bonded  labor  by  adults  or  children.  Instances  of  forced  or  bonded  child 
labor  are  unknown.  The  1996  Basic  Law  affirms  that  forced  or  bonded  labor  for  any 
person  is  prohibited.  However,  governmental  investigative  and  enforcement  mecha- 
nisms are  lacking.  Foreign  workers  sometimes  find  themselves  in  situations 
amounting  to  forced  labor.  In  such  cases,  employers  withhold  letters  of  release,  a 
document  releasing  the  worker  from  his  employment  contract,  which  allow  him  to 
switch  jobs.  Without  the  letter,  a  foreign  worker  must  continue  to  work  for  his  cur- 
rent employer  or  become  technically  unemployed — which  is  sufficient  grounds  for  de- 

Eortation.  Many  foreign  workers  are  not  aware  of  their  right  to  take  such  disputes 
efore  the  Labor  Welfare  Board.  Others  are  reluctant  to  file  complaints  for  fear  of 
retribution  from  unscrupulous  employers.  In  most  cases,  the  Board  releases  the 
grievant  from  service  and  awards  compensation  for  time  worked  under  compulsion. 
Employers  face  no  other  penalty  than  to  reimburse  the  worker's  back  wages. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  1973 
Labor  Law  prohibits  children  under  the  age  of  13  from  working,  and  specifically  pro- 
hibits forced  or  bonded  labor  by  all  persons  (see  Section  6.c.).  The  Ministry  of  Social 
Affairs  and  Labor  enforces  this  prohibition.  In  practice,  however,  the  enforcement 
often  does  not  extend  to  some  small  family  businesses  which  employ  underage  chil- 
dren, particularly  in  the  agricultural  and  fisheries  sectors.  Children  between  13  and 
16  years  of  age  may  be  employed  but  must  obtain  the  Ministry's  permission  to  work 
overtime,  at  night,  on  weekends  or  holidays,  or  perform  strenuous  labor.  Child  labor 
does  not  exist  in  any  industries. 

Although  primary  school  education  is  not  compulsory,  most  children  attend  school 
to  age  18. 

e.  Acceptable  Conditions  of  Work. — The  Ministry  of  Social  Affairs  and  Labor  issues 
minimum  wage  guidelines  for  various  categories  of  workers.  The  minimum  wage  for 
nonprofessional  workers  is  about  $156  (60  rials)  per  month.  Minimum  wage  guide- 
lines do  not  cover  domestic  servants,  farmers,  government  employees,  or  workers  in 
small  businesses.  Many  foreigners  work  in  fields  exempt  from  the  minimum  wage 
statute.  The  Government  is  lax  in  enforcing  minimum  wage  guidelines  for  foreign 
workers  employed  in  menial  jobs.  However,  foreign  workers  with  high  skills  are  fre- 
quently paid  more  than  their  Omani  counterparts. 

The  minimum  wage  is  sufficient  to  provide  a  decent  standard  of  living  for  a  work- 
er and  family.  The  compensation  for  foreign  manual  laborers  and  clerks  is  sufilcient 
to  cover  living  expenses  and  to  permit  savings  to  be  sent  home. 

The  private  sector  workweek  is  40  to  45  hours  and  includes  a  rest  period  from 
Thursday  afternoon  through  Friday.  Government  officials  have  a  35-hour  workweek. 
While  the  law  does  not  designate  the  number  of  days  in  a  workweek,  it  requires 
at  least  one  24-hour  rest  period  per  week  and  mandates  overtime  pay  for  hours  in 
excess  of  48  per  week.  Government  regulations  on  hours  of  employment  are  not  al- 
ways enforced.  Employees  who  have  worked  extra  hours  without  compensation  may 
file  a  complaint  before  the  Labor  Welfare  Board,  but  the  Board's  rulings  are  not 
binding. 

Every  worker  has  the  right  to  15  days  of  annual  leave  during  the  first  3  years 
of  employment  and  30  days  per  year  thereafter.  Employers  provide  many  foreign  na- 
tionals, including  maids,  with  annual  or  biannual  round-trip  tickets  to  their  coun- 
tries of  origin. 

All  employers  are  required  by  law  to  provide  first  aid  facilities.  Work  sites  with 
over  100  employees  must  have  a  nurse.  Employees  covered  under  the  labor  law  may 
recover  compensation  for  injury  or  illness  sustained  on  the  job  through  employer- 
provided  medical  insurance.  The  health  and  safety  standard  codes  are  enforced  by 
mspectors  from  the  Department  of  Health  and  Safety  of  the  Directorate  of  Labor. 
As  required  by  law,  they  make  on-site  inspections. 

The  law  states  that  employers  must  not  place  their  employees  in  situations  in- 
volving dangerous  work.  However,  the  law  does  not  specifically  grant  a  worker  the 


1551 

right  to  remove  himself  from  dangerous  work  without  jeopardy  to  his  continued  em- 
ployment. 


QATAR 

Qatar,  an  Arab  state  on  the  Persian  Gulf,  is  a  monarchy  without  democratically 
elected  institutions  or  political  parties.  It  is  governed  by  the  ruling  Al-Thani  family 
through  its  head,  the  Amir.  In  June  1995,  the  ruling  family,  in  consultation  with 
other  leading  Qatari  families,  replaced  Sheikh  Khalifa  bin  Hamad  Al  Thani  with  his 
son.  Sheikh  Hamad  bin  Khalifa  Al  Thani.  This  transition  of  authority  did  not  rep- 
resent a  change  in  the  basic  governing  order.  The  former  Amir  and  his  retinue  were 
implicated  in  a  foiled  coup  attempt  in  February  1996.  Subsequently,  in  October 
1996,  the  former  Amir  concluded  an  agreement  to  return  an  unspecified  amount  of 
funds  from  his  private  accounts  to  the  state  treasury,  a  move  widely  seen  as  tacit 
recognition  of  his  son's  re^me.  The  former  Amir  remains  outside  of  Qatar.  The 
amended  Provisional  Constitution,  promulgated  in  April  1972,  institutionalizes  the 
customs  and  mores  of  the  country's  conservative  Islamic  heritage.  The  Amir  holds 
absolute  power,  the  exercise  of  which  is  influenced  by  religious  law,  consultation 
with  leading  citizens,  rule  by  consensus,  and  the  right  of  any  citizen  to  appeal  per- 
sonally to  the  Amir.  The  Amir  usually  legislates  only  after  consultation  with  leading 
citizens,  an  arrangement  institutionalized  through  the  advisory  council,  an  ap- 
pointed body  that  assists  the  Amir  in  formulating  policy.  The  judiciary  is  nominally 
independent,  but  most  judges  hold  their  positions  at  the  Gk)vernment's  pleasure. 

Qatar  has  efficient  police  and  security  services.  The  civilian  security  force,  con- 
trolled by  the  Interior  Ministry,  comprises  two  sections:  The  police  and  the  General 
Administration  of  Public  Security;  and  the  Investigatory  Police  (Mubahathat)  which 
is  responsible  for  sedition  and  espionage  cases.  The  Interior  Ministry  is  also  in  the 
process  of  establishing  a  special  state  security  investigative  unit  (Mahabat)  to  jjer- 
form  internal  security  investigations  throughout  the  government  and  to  gather  in- 
telligence. In  addition,  there  is  an  independent  civilian  intelligence  service 
(Mukhabarat). 

The  State  owns  most  basic  industries  and  services,  but  the  retail  and  construction 
industries  are  in  private  hands.  Oil  is  the  principal  natural  resource,  but  the  coun- 
try's extensive  natural  gas  resources  are  playing  an  increasingly  important  role.  The 
rapid  development  of  the  1970's  and  1980's  created  an  economy  in  which  expatriate 
workers,  mostly  South  Asian  and  Arab,  outnumber  Qataris  by  a  ratio  of  4  or  5  to 
1.  The  Government  tries  to  reduce  this  ratio  by  offering  many  government  jobs  only 
to  citizens. 

The  Government  restricts  citizens'  rights.  However,  there  was  limited  progress  in 
a  few  areas.  Citizens  do  not  have  the  right  to  change  their  government.  Other  prob- 
lems include  arbitrary  detentions  in  security  cases,  restrictions  on  the  freedoms  of 
speech,  press,  association,  religion,  and  workers'  rights.  There  was  some  progress  in 
the  areas  of  press  freedom  and  religion.  Women's  rights  are  closely  restricted,  and 
non-Qatari  workers  face  systematic  discrimination. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
There  have  been  no  reported  instances  of  torture  for  several  years.  The  Government 
administers  most  corporal  punishment  prescribed  by  Islamic  law  but  does  not  allow 
amputation. 

Prison  conditions  generally  meet  minimum  international  standards.  The  Govern- 
ment does  not  permit  domestic  human  rights  groups  to  exist,  and  no  international 
human  rights  organization  has  asked  to  visit  the  country  or  its  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  authorities  generally  charge  suspects 
within  48  hours.  In  most  cases  involving  foreigners,  the  police  promptly  notify  the 
appropriate  consular  representative.  Suspects  detained  in  security  cases  are  gen- 
erally not  afforded  access  to  counsel  and  may  be  detained  indefinitely  while  under 
investigation.  There  are  no  known  recent  cases  of  incommunicado  detention. 

A  number  of  persons  suspected  in  the  attempted  February  1996  coup  were  ar- 
rested. A  public  trial  of  110  defendants  began  in  November  1997;  the  court  granted 


1552 

a  defense  motion  to  postpone  further  action  in  the  case  until  February  1998  to  allow 
the  defense  time  to  prepare  its  case. 

Involuntary  exile  nas  occurred  but  is  rare.  There  were  no  reported  cases  this  year. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  nominally  mdependent,  but  most 
judges  are  foreign  nationals  who  hold  residence  permits  granted  by  the  civil  authori- 
ties and  thus  hold  their  positions  at  the  Governments  pleasure.  The  number  of 
Qatari  citizen  judges  is  increasing. 

The  judiciary  flnds  itself  dealing  with  the  bureaucracies  of  two  ministries.  Civil 
(or  Adlea)  courts  are  subordinate  to  the  Ministry  of  Justice,  and  religious  (or 
Shari'a)  courts  fall  under  the  Ministry  of  Endowments  and  Islamic  Affairs.  The 
prosecutors  fall  under  the  Ministry  of  Interior. 

There  are  three  types  of  courts:  the  civil  courts,  which  have  jurisdiction  in  civil 
and  commercial  matters;  the  Shari'a  Court,  which  has  jurisdiction  in  family  and 
criminal  cases;  and  the  rarely  convened  state  security  courts.  There  are  no  perma- 
nent state  security  courts.  Security  cases,  which  are  rare,  are  tried  by  ad  hoc  mili- 
tary courts.  Although  state  security  cases  may  be  conducted  in  secret,  there  have 
been  no  cases  before  these  courts  since  the  new  Amir  assumed  power.  Defendants 
tried  by  all  courts  have  the  right  to  appeal.  Occasionally  in  the  Shari'a  Court,  the 
same  judge  will  hear  the  original  case  and  the  appeal. 

The  legal  system  is  biased  in  favor  of  Qataris  and  the  (Jovernment.  A  Muslim  liti- 
gant may  request  the  Shari'a  Court  to  assume  jurisdiction  in  commercial  or  civil 
cases.  Non-Muslims  are  not  allowed  to  bring  suits  as  plaintiffs  in  the  Shari'a  Court. 
This  practice  prevents  non-Muslim  residents  from  obtaining  full  legal  recourse. 
Trials  in  the  civil  courts  are  public,  but  in  the  Shari'a  Court  only  the  disputing  par- 
ties, their  relatives,  associates,  and  witnesses  are  allowed  in  the  courtroom.  Lawyers 
do  not  play  a  formal  role  except  to  prepare  litigants  for  their  cases.  Although  non- 
Arabic  speakers  are  provided  with  interpreters,  foreigners  are  disadvantaged,  espe- 
cially in  cases  involving  the  performance  of  contracts. 

Defendants  appear  before  a  judge  for  a  preliminary  hearing  within  7  days  of  their 
arrest.  Judges  may  extend  pretrial  detention  a  week  at  a  time  to  allow  the  authori- 
ties to  conduct  investigations.  Defendants  in  the  civil  courts  have  the  right  to  be 
represented  by  defense  attorneys  but  are  not  always  permitted  to  be  represented  by 
counsel  in  the  Shari'a  court. 

Shari'a  trials  are  usually  brief  Shari'a  family  law  trials  are  often  held  without 
counsel.  After  both  parties  have  stated  their  cases  and  examined  witnesses,  judges 
are  likely  to  deliver  a  verdict  after  a  short  deliberation.  Criminal  cases  are  normally 
tried  within  2  to  3  months  after  suspects  are  detained.  There  is  no  provision  for  bail 
in  criminal  cases.  However,  foreigners  charged  with  minor  crimes  may  be  released 
to  a  Qatari  sponsor.  They  are  prohibited  from  departing  the  country  until  the  case 
is  resolved. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — Tradi- 
tional attitudes  of  respect  for  the  sanctity  of  the  home  and  the  privacy  of  women 
provide  a  great  deal  of  protection  against  arbitrary  intrusions  for  most  citizens  and 
residents.  A  warrant  must  be  obtained  before  police  may  search  a  residence  or  busi- 
ness, except  in  cases  involving  national  security  or  emergencies.  However,  warrants 
are  issued  by  police  officials  rather  than  by  judicial  authorities.  There  were  no  re- 
ports of  unautnorized  searches  of  homes  during  the  year.  The  police  and  security 
forces  are  believed  to  monitor  the  communications  of  suspected  criminals,  those  con- 
sidered to  be  security  risks,  and  selected  foreigners. 

With  prior  permission,  which  is  usually  granted,  Qataris  may  marry  foreigners  of 
any  nationality  and  apply  for  residence  permits  or  Qatari  nationality  for  their 
spouses. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Government  reduced  restrictions  on  free- 
dom speech  and  of  the  press,  and  permitted  a  significant  expansion  of  press  freedom 
during  the  year.  The  (Government  formally  lifted  censorship  of  the  media  in  1995 
and  since  then  the  press  has  been  essentially  free  of  government  interference.  How- 
ever, journalists  continue  to  practice  self-censorship,  due  to  real  or  perceived  social 
and  political  pressures.  For  example,  no  instance  of  explicit  criticism  of  any  citizen, 
whetner  in  public  or  private  life,  has  been  noted  in  local  newspapers.  Qatar  tele- 
vision and  radio  are  state-owned,  but  the  privately-owned  Qatari  satellite  television 
channel  Al-Jazeera  operates  freely. 

There  were  no  reports  of  instances  of  political  censorship  of  foreign  news  media 
or  broadcasts  of  foreign  programs  on  local  television  over  the  past  year.  The  Censor- 
ship GfTice  in  the  Ministry  of  Information  was  abolished  (together  with  the  Min- 
istry) in  October  1996,  but  censors  still  work  at  broadcast  media  under  the  overall 


1553 

supervision  of  the  Ministry  of  Religious  Endowments.  Pornography  and  expressions 
deemed  hostile  to  Islam  are  subject  to  censorship,  but  actual  censorship  is  applied 
irregularly. 

Customs  officials  screen  imported  print  media,  videocassettes,  etc.,  for  pornog- 
raphy, but  have  stopped  blocking  the  importation  of  non-Muslim  religious  items. 

A  growing  number  of  citizens  and  residents  have  access  to  the  Internet,  provided 
through  the  state-owned  telecommunications  monopoly.  Internet  access  appears  to 
be  uncensored  and  unrestricted. 

Citizens  enjoy  broad  freedom  of  speech,  but  are  restricted  by  the  social  and  family 
restraints  of  a  very  traditional  society.  There  appears  to  be  no  fear  of  government 
monitoring  of  private  speech.  The  larger  expatriate  population,  however,  does  not 
believe  it  enjoys  the  same  freedoms  and  acts  accordingly. 

There  is  no  legal  provision  for  academic  freedom.  Most  instructors  at  the  Univer- 
sity of  Qatar  exercise  self-censorship. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Government  severely  lim- 
its freedom  of  assembly.  The  Government  does  not  allow  political  demonstrations. 

The  Government  severely  limits  freedom  of  association.  The  Government  does  not 
allow  political  parties  or  membership  in  international  professional  organizations 
critical  of  the  Government  or  any  other  Arab  government.  Private  social,  sports, 
trade,  professional,  and  cultural  societies  must  be  registered  with  the  Government. 
Security  forces  monitor  the  activities  of  such  groups. 

c.  Freedom  of  Religion. — The  state  religion  is  Islam,  as  interpreted  by  the  puri- 
tanical Wahhabi  branch  of  the  Sunni  tradition.  The  Government  officially  prohibits 
public  worship  by  non-Muslims,  however,  it  tolerates  and  protects  private  services 
conducted  behind  closed  doors  if  notification  is  provided  to  the  authorities.  The  po- 
lice provide  traffic  control  for  previously  notified  catholic  services,  which  number  up 
to  a  thousand  or  more  persons  at  times.  The  Government  recently  began  to  issue 
visas  to  Christian  clergy,  as  clergy,  under  foreign  embassy  sponsorship.  There  are 
no  restrictions  on  non-Muslims  providing  religious  instruction  to  their  children. 
However,  non-Muslims  may  not  proselytize  and  conversion  from  Islam  is  theoreti- 
cally a  capital  offense.  However,  there  is  no  record  of  any  execution  for  such  a  con- 
version since  independence. 

The  Government  allows  Shi'a  Muslims  to  practice  their  faith  freely,  however,  com- 
munity leaders  have  agreed  to  refrain  from  certain  public  practices  such  as  self-flag- 
ellation. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  are  no  restrictions  on  internal  travel,  except  around  sensitive 
military  and  oil  installations.  Generally,  women  do  not  require  permission  from 
male  guardians  to  travel.  However,  men  may  prevent  female  relatives  from  leaving 
the  country  by  placing  their  names  with  immigration  officers  at  ports  of  departure. 
Technically,  women  employed  by  the  Government  must  obtain  official  permission  to 
travel  abroad  when  requesting  leave,  but  it  is  not  known  to  what  extent  this  regula- 
tion is  enforced.  Citizens  critical  of  the  Government  face  restrictions  on  their  right 
to  travel  abroad. 

All  citizens  have  the  right  to  return.  Foreigners  are  subject  to  immigration  restric- 
tions designed  to  control  the  size  of  the  local  labor  pool.  Foreign  workers  must  have 
the  permission  of  their  sponsor  (usually  their  employer)  to  enter  and  depart  the 
country,  but  their  dependents  may  leave  the  country  without  restriction.  Foreign 
women  married  to  Qataris  are  granted  residence  permits  and  may  apply  for  citizen- 
ship. However,  if  they  apply  for  citizenship,  they  are  exp>ected  to  relinquish  their 
foreign  citizenship. 

The  Government  has  not  formulated  a  formal  policy  regarding  refugees,  asylees, 
or  first  asylum.  Those  attempting  to  enter  illegally,  including  persons  seeking  to  de- 
fect from  nearby  countries,  are  refused  entry.  Asylum  seekers  who  can  obtain  local 
sponsorship  or  employment  are  allowed  to  enter  and  may  remain  as  long  as  they 
are  employed.  A  Bahraini  Air  Force  pilot  defected  to  Qatar  in  December  1996,  and 
the  Government  said  he  was  free  to  stay,  calling  him  a  refugee  and  offering  him 
its  full  protection. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
Citizens  do  not  have  the  right  to  change  their  government  or  the  political  system 
peacefully.  Qatar  has  no  formal  democratic  institutions.  There  have  been  reports 
that  some  of  the  19  signers  of  a  December  1991  petition  calling  for  greater  political 
freedom  and  constitutional  reform  continued  to  be  subject  to  travel  restrictions.  The 
political  institutions  blend  the  characteristics  of  a  traditional  Bedouin  tribal  state 
and  a  modem  bureaucracy.  There  are  no  political  parties,  elections,  or  organized  op- 
position groups. 


1554 

In  November,  the  Amir  publicly  pledged  to  create  a  democratically  elected  munici- 
pal council;  and  legislation  to  establish  an  election  law  and  create  the  council  re- 
mained under  discussion  at  year's  end. 

The  Amir  exercises  most  executive  and  legislative  powers,  including  appointment 
of  cabinet  members.  However,  his  rule  is  tempered  by  local  custom,  including  the 
need  for  consensus  and  religious  traditions.  Interlocking  family  networks,  together 
with  the  right  of  citizens  to  submit  appeals  or  petitions  to  the  Amir,  provide  infor- 
mal avenues  for  the  redress  of  many  grievances.  The  custom  of  rule  by  consensus 
leads  to  extensive  consultations  among  the  Amir,  leading  merchant  families,  reli- 
gious leaders,  and  other  notables  on  important  matters. 

Under  the  amended  Provisional  Constitution,  the  Amir  must  be  chosen  from  and 
by  the  adult  males  of  the  Al  Thani  family. 

Women  do  not  have  the  right  to  vote  or  participate  in  politics.  However,  in  No- 
vember the  Amir  announced  plans  to  give  women  the  right  to  vote  and  to  run  for 
election  to  the  proposed  municipal  council.  Draft  legislation  that  would  provide  for 
these  rights  remained  under  discussion  at  year's  end. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
The  Government  does  not  permit  local  human  rights  organizations  to  exist.  No 
international  human  rights  organizations  are  known  to  have  asked  to  investigate 
conditions  in  Qatar.  However,  in  November  Amnesty  International  was  asked  to 
send  an  observer  to  the  trial  of  those  accused  in  the  February  1996  coup  attempt, 
as  were  some  foreign  embassies. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Institutional,  cultural,  and  legal  discrimination  based  on  gender,  race,  religion,  so- 
cial status,  and  disability  exists. 

Vfomen. — Violence  against  women  and  spousal  abuse  occur  but  are  not  believed 
to  be  widespread.  However,  some  foreign  domestics,  especially  those  from  South 
Asia  and  the  Philippines,  have  been  mistreated  by  employers.  In  keeping  with  Is- 
lamic law,  all  forms  of  physical  abuse  are  illegal.  The  maximum  penalty  for  rape 
is  death.  The  police  actively  investigate  reports  of  violence  against  women.  In  the 
last  few  years,  the  Grovemment  has  demonstrated  an  increased  willingness  to  arrest 
and  punish  offenders,  whether  citizens  or  foreigners.  Offenders  who  are  citizens 
usually  receive  lighter  punishments  than  foreigners.  Abused  domestic  workers  usu- 
ally do  not  press  charges  for  fear  of  losing  their  iobs. 

The  activities  of  women  are  closely  restrictea  both  by  law  and  tradition.  For  ex- 
ample, a  woman  is  prohibited  from  applying  for  a  driver's  license  unless  she  has 
permission  from  a  male  guardian.  This  restriction  does  not  apply  to  non-Qatari 
women.  The  Government  adheres  to  Shari'a  law  in  matters  of  inheritance  and  child 
custody.  While  Muslim  wives  have  the  right  to  inherit  from  their  husbands,  non- 
Muslim  wives  do  not,  unless  a  special  legacy  is  arranged.  In  cases  of  divorce,  Shari'a 
(Islamic)  law  prevails;  younger  children  remain  with  the  mother  and  older  children 
with  the  father.  Both  parents  retain  permanent  rights  of  visitation.  Local  authori- 
ties, however,  do  not  allow  a  non-Qatari  parent  to  take  the  children  out  of  the  coun- 
try without  permission  of  the  Qatari  parent.  Women  may  attend  court  proceedings 
but  are  generally  represented  by  a  male  relative.  There  has  been  a  steady  increase 
in  the  number  and  severity  of  complaints  of  spousal  abuse  by  foreign  wives  of 
Qatari  and  foreign  national  men. 

Women  are  lai^ely  relegated  to  the  roles  of  mother  and  homemaker,  but  some 
women  are  now  finding  jobs  in  education,  medicine,  and  the  news  media.  However, 
the  number  of  professional  women  is  too  small  to  determine  whether  they  are  re- 
ceiving equal  pay  for  equal  work.  Increasingly,  women  are  receiving  government 
scholarships  to  pursue  degrees  at  universities  overseas.  The  Amir  has  entrusted  his 
second  wife,  who  is  the  mother  of  the  Heir  Apparent,  with  the  high-profile  task  of 
establishing  a  university  in  Doha.  In  November  1996,  the  Government  appointed  its 
first  female  undersecretary,  in  the  Ministry  of  Education.  Although  women  are  le- 
gally able  to  travel  abroad  alone  (see  Section  2.d.),  tradition  and  social  pressures 
cause  most  to  travel  with  male  escorts.  There  have  also  been  complaints  that  Qatari 
husbands  retrieved  their  foreign  spouses'  passports  and,  without  prior  approval, 
turned  them  in  for  Qatari  documents.  The  husbands  then  inform  these  wives  that 
they  had  lost  their  previous  nationality.  In  other  cases,  foreign  citizen  wives  report 
being  forbidden  by  husbands  or  in-laws  to  visit  or  contact  foreign  embassies. 

There  is  no  independent  women's  rights  organization,  nor  has  the  Government 
permitted  the  establishment  of  one. 


1555 

Children. — The  Government  demonstrates  its  commitment  to  children's  rights 
through  a  well-ftinded,  free  public  education  system  (elementary  through  university) 
and  a  complete  medical  protection  program  lor  Qatari  children.  However,  children 
of  most  foreigners  are  denied  free  education  and  have  only  limited  medical  coverage. 

There  is  no  societal  pattern  of  abuse  of  children. 

People  With  Disabilities. — The  Government  has  not  enacted  legislation  or  other- 
wise mandated  provision  of  accessibility  for  the  disabled,  who  also  face  social  dis- 
crimination. The  Government  maintains  a  hospital  and  schools  that  provide  high 
quality  free  services  to  the  mentally  and  physically  disabled. 

Religious  Minorities.— Shi' &  Muslims  experience  discrimination  in  employment  in 
sensitive  areas  such  as  security  and  education. 

National  / Racial  / Ethnic  Minorities. — The  Government  discriminates  against  some 
citizens  of  non-Qatari  origin.  In  the  private  sector,  many  Qataris  of  Iranian  extrac- 
tion occupy  positions  of  tne  highest  importance.  However,  in  government  they  are 
rarely  found  in  senior  decisionmaking  positions. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  right  of  association  is  strictly  liniited,  and  all 
workers,  including  foreigners,  are  prohibited  from  forming  labor  unions.  Despite 
this,  almost  all  workers  have  the  right  to  strike  after  their  case  has  been  presented 
to  the  Labor  Conciliation  Board  and  ruled  upon.  Employers  may  close  a  place  of 
work  or  dismiss  employees  once  the  Conciliation  Board  has  heard  the  case.  The 
right  to  strike  does  not  exist  for  government  employees,  domestic  workers,  or  mem- 
bers of  the  employer's  family.  No  worker  in  a  public  utility  or  health  or  security 
service  may  strike  if  such  a  strike  would  harm  the  public  or  lead  to  property  dam- 
age. Strikes  are  rare,  but  workers  at  a  Korean  construction  firm  went  on  strike 
early  in  the  year. 

The  labor  law  provides  for  the  establishment  of  joint  consultative  committees  com- 
posed of  representatives  of  the  employer  and  workers.  The  committees  do  not  dis- 
cuss wages  but  may  consider  issues  including  work  organization  and  productivity, 
conditions  of  employment,  training  of  workers,  and  safety  measures  and  their  imple- 
mentation. 

Since  July  1995,  Qatar  has  been  suspended  from  the  U.S.  Overseas  Private  In- 
vestment Corporation  (OPIC)  insurance  programs  because  of  the  Government's  lack 
of  compliance  with  internationally  recognized  worker  rights  standards. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Workers  are  prohibited  from 
engag;ing  in  collective  bargaining.  Generally,  wages  are  set  unilaterally  by  employ- 
ers without  government  involvement.  Local  courts  handle  disputes  between  workers 
and  employers. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  law  prohibits  forced  or  com- 
pulsory labor.  Three-quarters  of  the  work  force  are  expatriate  workers,  who  are  de- 
pendent on  a  single  employer  for  residency  rights.  This  leaves  them  vulnerable  to 
abuse.  For  instance,  employers  must  give  consent  before  exit  permits  are  issued  to 
any  foreigner  seeking  to  leave  the  country.  Some  employers  temporarily  withhold 
this  consent  to  force  foreign  employees  to  work  for  longer  periods  than  they  wish. 
The  Government  prohibits  forced  and  bonded  labor  by  children  and  enforces  this 
prohibition  effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Minors 
between  the  ages  of  15  and  18  may  be  employed  with  the  approval  of  their  parents 
or  guardians  and  some  children  may  work  in  small,  family-owned  businesses.  How- 
ever, such  child  labor,  Qatari  or  foreign,  is  rare.  Education  is  compulsory  through 
the  age  of  15.  Very  young  children,  usually  of  African  or  South  Asian  background, 
have  been  employed  as  riders  in  camel  racing.  Little  information  is  available  on 
wages  and  working  conditions  for  these  children.  The  Government  prohibits  forced 
and  bonded  labor  by  children  and  enforces  this  prohibition  effectively  (see  Section 
6.C.). 

Minors  may  not  work  more  than  6  hours  a  day  or  more  than  36  hours  a  week. 
Employers  must  provide  the  Ministry  of  Labor  with  the  names  and  occupations  of 
their  minor  employees.  The  Ministry  may  prohibit  the  employment  of  minors  in  jobs 
which  are  judged  as  dangerous  to  the  health,  safety,  or  morals  of  minors.  Employers 
must  also  obtain  permission  from  the  Ministry  of  Education  to  hire  a  minor. 

e.  Acceptable  Conditions  of  Work. — There  is  no  minimum  wage,  although  a  1962 
law  gives  the  Amir  authority  to  set  one.  The  48-hour  workweek  with  a  24-hour  rest 
period  is  prescribed  by  law,  although  most  government  offices  follow  a  schedule  of 
36  hours  a  week.  Employees  who  work  more  than  48  hours  a  week,  or  36  hours  a 
week  during  the  Muslim  month  of  Ramadan,  are  entitled  to  overtime.  This  law  is 
adhered  to  in  government  offices  and  major  private  sector  companies.  It  is  not  ob- 


1556 

served  in  the  case  of  domestic  and  personal  employees.  Domestic  servants  frequently 
work  7  days  a  week,  more  than  12  hours  a  day,  with  few  or  no  holidays,  and  have 
no  effective  way  to  redress  grievances  against  their  employers. 

Qatar  has  enacted  regulations  concerning  worker  safety  and  health,  but  enforce- 
ment, which  is  the  responsibility  of  the  Ministry  of  Energy  and  Industry,  is  lax.  The 
Department  of  Public  Safety  oversees  safety  training  and  conditions,  and  the  state- 
run  petroleum  company  has  its  own  set  of  safety  standards  and  procedures.  The 
Labor  Law  of  1964,  as  amended  in  1984,  lists  partial  and  permanent  disabilities  for 
which  compensation  may  be  awarded,  some  connected  witn  handling  chemicals  and 
petroleum  products  or  construction  injuries.  The  law  does  not  specifically  set  rates 
of  payment  and  compensation. 

Foreign  workers  must  be  sponsored  by  a  citizen  or  legally  recognized  organization 
to  obtain  an  entry  visa  and  must  have  their  sponsor's  permission  to  depart  the  coun- 
try. Any  worker  may  seek  legal  relief  from  onerous  work  conditions,  but  domestic 
workers  generally  accept  their  situations  in  order  to  avoid  repatriation.  The  Govern- 
ment also  penalizes  Qatari  employers  who  violate  residence  and  sponsorship  laws. 
Some  foreign  domestics  have  been  mistreated  by  their  employers  (see  Section  5). 


SAUDI  ARABIA 

Saudi  Arabia  is  a  monarchy  without  elected  representative  institutions  or  political 
parties.  It  is  ruled  by  King  Fahd  Bin  Abd  Al-Aziz  Al  Saud,  a  son  of  King  Abd  Al- 
Aziz  Al  Saud,  who  unifieathe  country  in  the  early  20th  century.  Since  the  death 
of  King  Abd  al-Aziz,  the  King  and  Crown  Prince  have  been  chosen  from  among  his 
sons,  who  themselves  have  had  preponderant  influence  in  the  choice.  A  1992  royal 
decree  reserves  for  the  King  exclusive  power  to  name  the  Crown  Prince.  The  Gov- 
ernment has  declared  the  Islamic  holy  books,  the  Koran  and  the  Sunna  (tradition) 
of  the  Prophet  Muhammad,  to  be  the  country's  Constitution.  The  Government  bases 
its  legitimacy  on  governance  according  to  the  precepts  of  a  rigorously  conservative 
form  of  Islam.  Neither  the  Government  nor  the  society  in  general  accept  the  concept 
of  separation  of  religion  and  state.  The  Government  prohibits  the  establishment  of 
political  parties  and  suppresses  opposition  views.  In  1992  King  Fahd  appointed  a 
Consultative  Council  ana  similar  provincial  assemblies.  The  (Consultative  Council 
began  holding  sessions  in  1993  and  was  expanded  in  1997.  The  judiciary  is  gen- 
erally independent  but  is  subject  to  influence  by  the  executive  branch  and  members 
of  the  royal  family. 

Police  and  border  forces  under  the  Ministry  of  Interior  are  responsible  for  internal 
security.  The  Mutawwa'in,  or  religious  police,  constitute  the  Committee  to  Prevent 
Vice  and  Promote  Virtue,  a  semiautonomous  agency  that  enforces  adherence  to  Is- 
lamic norms  by  monitoring  public  behavior.  TTie  Government  maintained  general 
control  of  the  security  forces.  However,  members  of  the  security  forces  committed 
human  rights  abuses. 

The  oil  industry  has  fueled  the  transformation  of  Saudi  Arabia  from  a  pastoral, 
agricultural,  and  commercial  society  to  a  rapidly  urbanizing  one  characterized  by 
large-scale  infrastructure  projects,  an  extensive  social  welfare  system,  and  a  labor 
maritet  comprised  largely  of  foreign  workers.  Oil  revenues  account  for  around  35 
percent  of  the  gross  domestic  product  (GDP)  and  72  percent  of  government  income. 
Agriculture  accounts  for  only  aoout  8  percent  of  GDP.  Government  spending,  includ- 
ing spending  on  the  national  airline,  power,  water,  telephone,  education,  and  health 
services,  accounts  for  36  percent  of  GDP.  About  37  percent  of  the  economy  is  in  pri- 
vate hands,  and  the  Government  is  promoting  further  privatization  of  the  economy. 
In  1995  the  Government  began  an  aggressive  campaign  to  increase  the  number  of 
Saudi  nationals  represented  in  the  public  and  private  work  forces.  The  campaign 
has  restricted  employment  of  some  categories  of  foreign  workers  by  limiting  certain 
occupations  to  Saudis  only,  increasing  fees  for  some  types  of  work  visas,  and  setting 
minimum  wages  for  some  job  categories  in  order  to  increase  the  cost  to  employers 
of  non-Saudi  labor.  In  1997  the  Government  has  offered  a  limited  amnesty  under 
which  illegal  residents  may  depart  the  country  without  penalty. 

The  Government  commits  and  tolerates  serious  human  rights  abuses.  Citizens 
have  neither  the  right  nor  the  legal  means  to  change  their  government.  Security 
forces  continued  to  abuse  detainees  and  prisoners,  arbitrarily  arrest  and  detain  per- 
sons, and  facilitate  incommunicado  detention.  Prolonged  detention  is  a  problem.  Se- 
curity forces  committed  such  abuses,  in  contradiction  of  law,  but  with  the  acquies- 
cence of  the  Government.  Mutawwa'in  continued  to  intimidate,  abuse,  and  detain 
citizens  and  foreigners.  The  Government  prohibits  or  restricts  freedom  of  speech,  the 
press,  assembly,  association,  and  religion.  Other  continuing  problems  included  dis- 


1557 

crimination  and  violence  against  women,  discrimination  against  ethnic  and  religious 
minorities,  and  strict  limitations  on  the  rights  of  workers.  The  Government  dis- 
agrees witii  internationally  accepted  definitions  of  human  rights  and  views  its  inter- 
pretation of  Islamic  law  as  its  sole  source  of  guidance  on  human  rights. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

The  investigation  of  the  1996  Al-Khobar  bombing,  which  killed  19  U.S.  service- 
men, continued.  The  Government  has  not  yet  issued  a  report  of  its  findings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
There  were  credible  reports  that  the  authorities  continued  to  abuse  detainees,  both 
citizens  and  foreigners.  Ministry  of  Interior  ofTicials  are  responsible  for  most  inci- 
dents of  abuse,  including  beatings,  sleep  deprivation,  and  torture.  The  Government's 

feneral  refusal  to  grant  members  of  diplomatic  missions  access  to  the  Ministry  of 
nterior  detention  facilities  or  allow  members  of  international  human  rights  groups 
into  the  country  hinders  efforts  to  confirm  or  discount  reports  of  abuses.  The  Gov- 
ernment's past  failure  to  denounce  human  rights  abuses  has  contributed  to  the  pub- 
lic perception  that  abuses  can  be  committed  with  impunity. 

Although  the  number  of  reports  of  harassment  by  the  Mutawwa'in  remained  rel- 
atively low  in  comparison  with  previous  years,  the  Mutawwa'in  continued  to  intimi- 
date, abuse,  and  detain  citizens  and  foreigners  of  both  sexes  (see  Section  l.d.). 

The  Government  punishes  criminals  according  to  its  interpretation  of  Islamic  law 
or  Shari'a.  Punishments  include  flogging,  amputation,  and  execution  by  beheading, 
stoning,  or  firing  squad.  In  1997  the  authorities  acknowledged  134  executions:  47 
men  and  1  woman  for  murder  (34  Saudis  and  14  foreigners);  6  men  for  rape  (all 
Saudis),  5  men  for  forcible  sodomy  (all  Saudis);  64  men  and  2  women  for  narcotics 
offenses  (2  Saudis  and  64  foreigners);  and  9  men  for  armed  robbery  (2  Saudis  and 
7  foreigners).  The  men  were  executed  by  beheading.  The  women  were  executed  by 
firing  squad.  There  were  no  executions  by  stoning.  In  accordance  with  Shari'a,  the 
authorities  may  punish  repeated  thievery  by  amputation  of  the  right  hand.  How- 
ever, there  were  no  amputations.  Persons  convicted  of  less  serious  offenses,  such  as 
alcohol  related  offenses  or  being  alone  in  the  company  of  an  unrelated  person  of  the 
opposite  sex,  were  sometimes  punished  by  flogging  with  a  cane. 

Prison  and  jail  conditions  vary  throughout  the  Kingdom.  Prisons  generally  meet 
minimum  international  standards  and  provide  air-conditioned  cells,  good  nutrition, 
regular  exercise,  and  careful  patrolling  oy  prison  guards.  However,  some  police  sta- 
tion jails  are  overcrowded  and  unsanitary.  Authorities  generally  allowed  family 
members  access  to  detainees. 

Boards  of  Investigation  and  Public  Prosecution,  organized  on  a  regional  basis, 
were  established  by  King  Fahd  in  1993.  The  members  of  these  boards  have  the  right 
to  inspect  prisons,  review  prisoners'  files,  and  hear  their  complaints.  The  Govern- 
ment, however,  does  not  permit  human  rights  monitors  to  visit  prisons  or  jails.  Dip- 
lomats were  regularly  granted  access  to  incarcerated  foreign  citizens.  However,  the 
Government  does  not  allow  impartial  observers  of  any  type  access  to  specialized 
Ministry  of  Interior  prisons,  where  it  detains  persons  accused  of  political  subversion. 

Representatives  oi  the  United  Nations  High  Commissioner  for  Kefugees  (UNHCR) 
are  present  at  the  Rafha  refugee  camp  housing  former  Iraqi  prisoners  of  war  and 
civilians  who  fled  Iraq  following  the  Gulf  War.  According  to  UNHCR  officials,  there 
was  no  systematic  abuse  of  refugees  by  camp  guards.  When  isolated  instances  of 
abuse  have  surfaced  in  the  past,  the  authorities  have  been  responsive  and  willing 
to  investigate  allegations  and  reprimand  offending  guards.  The  camp  receives  a  high 
level  of  material  assistance  ana  is  comparatively  comfortable  and  well  run.  How- 
ever, the  Government  generally  confines  refugees  to  the  camp  except  in  the  event 
of  approved  emigration  from  Saudi  Arabia. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  prohibits  arbitrary  arrest.  De- 
spite the  law,  however,  officers  make  arrests  and  detain  persons  without  following 
explicit  legal  guidelines.  There  are  few  procedures  to  safeguard  against  abuse.  There 
was  only  one  known  case  of  a  citizen  successfully  obtaining  judicial  redress  for 
abuse  of  the  Government's  power  of  arrest  and  detention.  In  1995  a  citizen  success- 
fully sued  the  Government  for  wrongful  imprisonment  and  was  awarded  compensa- 
tion. 

In  accordance  with  a  1983  Ministry  of  Interior  regulation,  authorities  usually  de- 
tain suspects  for  no  longer  than  3  days  before  charging  them.  However,  serious  ex- 
ceptions have  been  reported.  The  regulation  also  has  provisions  for  bail  for  less  seri- 


1558 

ous  crimes.  Also,  authorities  sometimes  release  detainees  on  the  recognizance  of  a 
patron  or  sponsoring  employer  without  the  payment  of  bail.  If  not  released,  authori- 
ties typically  detain  the  accused  an  average  of  2  months  before  sending  their  case 
to  trial  or,  in  the  case  of  some  foreigners,  summarily  deporting  them.  There  is  no 
established  procedure  providing  detainees  the  right  to  inform  their  family  of  their 
arrest.  If  aslced,  the  authorities  usually  confirm  the  arrest  of  foreigners  to  their 
country's  diplomats.  In  general,  however,  foreign  diplomats  learn  about  such  arrests 
through  informal  channels.  The  authorities  may  take  as  long  as  several  months  to 
provide  official  notification  of  the  arrest  of  forei^ers,  if  at  all.  In  capital  cases,  au- 
thorities have  arrested,  tried,  and  executed  foreigners  without  notifying  the  foreign 
government.  In  1997  authorities  frequently  failed  to  notify  diplomats  of  the  arrest, 
detention,  and  even  deportation  of  foreign  nationals. 

The  Mutawwa'in  have  the  authority  to  detain  people  for  no  more  than  24  hours 
for  violation  of  strict  standards  of  proper  dress  and  behavior.  However,  they  some- 
times exceeded  this  limit  before  delivering  detainees  to  the  police  (see  Section  l.f.). 
Current  procedures  require  a  police  officer  to  accompany  the  Mutawwa'in  at  the 
time  of  an  arrest.  Mutawwa'in  generally  complied  with  this  requirement.  The  num- 
ber of  reports  of  Mutawwa'in  arresting  and  detaining  persons  wno  allegedly  violated 
dress  and  behavior  standards  was  approximately  at  the  same  reduced  level  as  in 
the  previous  year. 

Detainees  arrested  by  the  General  Directorate  of  Investigation  (GDI),  the  Ministry 
of  Interior's  security  service,  are  commonly  held  incommunicado  in  special  prisons 
during  the  initial  phase  of  an  investigation,  which  may  last  weeks  or  months.  The 
GDI  allows  the  detainees  only  limited  contact  with  their  families  or  lawyers. 

The  authorities  detain  people  without  charge  who  publicly  criticize  the  Govern- 
ment or  charge  them  with  attempting  to  destabilize  tne  Government  (see  Sections 
2.a.  and  3).  The  authorities  continued  to  detain  Salman  Al-Awdah  and  Safar  Al- 
Hawali,  Muslim  clerics  who  were  arrested  in  September  1994  for  publicly  criticizing 
the  Government.  Their  detention  that  year  sparked  protest  demonstrations  result- 
ing in  the  arrest  of  157  persons  for  antigovernment  activities.  At  the  end  of  1994, 
27  of  these  persons  remained  in  detention  pending  investigation.  In  1997  there  were 
unverified  but  credible  reports  that  a  number  of  such  persons  were  released  from 
prison,  including  Suleiman  Al-Rushudi,  a  founding  member  of  the  dissident  Com- 
mittee for  the  Defense  of  Legitimate  Rights  (CDLK).  The  total  number  of  current 
political  detainees  cannot  be  determined  but  is  estimated  at  less  than  200  persons. 
The  Government  released  under  its  annual  Ramadan  amnesty  hundreds  or  thou- 
sands of  prisoners  and  detainees  convicted  or  held  for  minor  offenses. 

The  total  number  of  political  detainees  can  not  be  accurately  determined,  but  is 
probably  less  than  50. 

Since  beginning  the  investigation  of  the  1996  bombing  of  a  U.S.  military  facility 
in  Saudi  Arabia,  authorities  have  detained  and  interrogated  an  increased  number 
of  Shi'a  Muslims  suspected  of  fundamentalist  tendencies  or  Iranian  sympathies. 

The  Government  djd  not  use  forced  exile,  and  it  did  not  revoke  citizenship  for  po- 
litical purposes  in  1997.  However,  it  has  previously  revoked  the  citizenship  of  oppo- 
nents of  tne  Government  who  reside  outside  the  country,  such  as  Mohammed  Al- 
Masari  (see  Section  3)  and  Osama  Bin  Ladin,  widely  regarded  as  a  financier  and 
organizer  of  terrorist  activities. 

e.  Denial  of  Fair  Public  Trial. — ^The  independence  of  the  judiciary  is  prescribed 
by  law  and  is  usually  respected  in  practice.  However,  judges  occasionally  accede  to 
the  influence  of  the  executive  branch,  particularly  members  of  the  royal  family  and 
their  associates.  Moreover,  the  Ministry  of  Justice  exercises  judicial,  financial,  and 
administrative  control  of  the  courts. 

The  legal  system  is  based  on  Shari'a  or  Islamic  law.  Shari'a  courts  exercise  juris- 
diction over  common  criminal  cases  and  civil  suits  regarding  marriage,  divorce,  child 
custody,  and  inheritance.  These  courts  base  judgments  largely  on  the  Koran  and  on 
the  Sunna,  another  Islamic  text.  Cases  involving  relatively  small  penalties  are  tried 
in  Shari'a  summary  courts;  more  serious  crimes  are  adjudicated  in  Shari'a  courts 
of  common  pleas.  Appeals  from  Shari'a  courts  are  to  the  courts  of  appeal. 

Other  civil  proceedings,  including  those  involving  claims  against  the  Government 
and  enforcement  of  foreign  judgments,  are  held  before  specialized  administrative  tri- 
bunals, such  as  the  Commission  for  the  Settlement  of  Labor  Disputes  and  the  Board 
of  Grievances. 

The  Government  permits  Shi'a  Muslims  to  use  their  own  legal  tradition  to  adju- 
dicate noncriminal  cases  within  their  community. 

The  military  justice  system  has  jurisdiction  over  uniformed  personnel  and  civil 
servants  charged  with  violations  of  military  regulations.  The  Minister  of  Defense 
and  Aviation  and  the  King  review  the  decisions  of  courts-martial. 


1559 

The  Supreme  Judicial  Council  is  not  a  court  and  may  not  reverse  decisions  made 
by  a  court  of  appeals.  However,  the  Council  may  review  lower  court  decisions  and 
refer  them  back  to  the  lower  court  for  reconsideration.  Only  the  Supreme  Judicial 
Council  may  discipline  or  remove  a  judge.  The  King  appoints  the  members  of  the 
Council. 

The  Council  of  Senior  Religious  Scholars  is  an  autonomous  body  of  15  senior  reli- 
gious jurists,  including  the  Minister  of  Justice.  It  establishes  the  legal  principles  to 
guide  lower  court  judges  in  deciding  cases. 

Defendants  usually  appear  without  an  attorney  before  a  Judge,  who  determines 
guilt  or  innocence  in  accordance  with  Shari'a  standards.  Defense  lawyers  may  offer 
their  clients  advice  before  trial  or  may  attend  the  trial  as  interpreters  for  those  un- 
familiar with  Arabic.  The  courts  do  not  provide  foreign  defendants  with  translators. 
Public  defenders  are  not  provided.  Individuals  may  choose  any  person  to  represent 
them  by  a  power  of  attorney  filed  with  the  court  and  Ministry  of  Justice.  Most  trials 
are  closed.  However,  in  a  highly  publicized  1997  case  involving  two  foreign  women 
charged  with  murder,  the  Saudi  court  conducted  preliminary  matters  and  the  trial 
with  relatively  open  and  transparent  procedures,  including  more  effective  use  of 
counsel,  increased  consular  presence,  and  increased  family  access. 

A  woman's  testimony  does  not  carry  the  same  weight  as  that  of  a  man.  In  a 
Shari'a  court,  the  testimony  of  one  man  equals  that  of  two  women.  In  the  absence 
of  two  witnesses,  or  four  witnesses  in  the  case  of  adultery,  confessions  before  a  judge 
are  almost  always  required  for  criminal  conviction — a  situation  that  repeatedly  has 
led  prosecuting  authorities  to  coerce  confessions  from  suspects  by  threats  and  abuse. 

Sentencing  is  not  uniform.  Foreign  residents  often  receive  harsher  penalties  than 
citizens.  Under  Shari'a,  as  interpreted  and  applied  in  Saudi  Arabia,  crimes  against 
Muslims  receive  harsher  penalties  than  those  against  non-Muslims.  In  the  case  of 
wrongful  death,  the  amount  of  indemnity  or  "blood  money"  awarded  to  relatives  var- 
ies with  the  nationality,  religion,  and  sex  of  the  victim.  A  sentence  may  be  changed 
at  any  stage  of  review,  except  for  punishments  stipulated  by  the  Koran.  In  a  case 
that  received  much  publicity,  a  British  nurse  convicted  of  murdering  an  Australian 
nurse  in  1996  was  spared  the  death  penalty  when  the  victim's  brother  waved  his 
right  to  demand  that  punishment  and  agreed  to  accept  "blood  money"  instead.  A 
second  British  nurse  involved  in  the  murder  was  convicted  of  a  lesser  offense  and 
not  sentenced  to  death. 

Provincial  governors  have  the  authority  to  exercise  leniency  and  reduce  a  judge's 
sentence.  In  general,  members  of  the  royal  family,  and  other  powerful  families,  are 
not  subject  to  the  same  rule  of  law  as  ordinary  citizens.  For  example,  iudges  do  not 
have  the  power  to  issue  a  warrant  summoning  any  member  of  the  royal  family. 

The  King  and  his  advisors  review  cases  involving  capital  punishment.  The  King 
has  the  authority  to  commute  death  sentences  and  grant  pardons  except  for  capital 
crimes  committed  against  individuals.  In  such  cases,  he  may  request  the  victim's 
next  of  kin  to  pardon  the  murderer — usually  in  return  for  compensation  from  the 
family  or  the  King. 

There  is  insufTicient  information  to  determine  the  number  of  political  prisoners. 
The  Government  does  not  provide  information  on  such  persons  or  respond  to  inquir- 
ies about  them.  Moreover,  the  Government  conducts  closed  trials  for  persons  who 
may  be  political  prisoners  and  in  other  cases  has  detained  persons  incommunicado 
for  long  periods  while  under  investigation. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
sanctity  of  family  life  and  the  inviolability  of  the  home  are  among  the  most  fun- 
damental of  Islamic  precepts.  Roval  decrees  announced  in  1992  include  provisions 
calling  for  the  Government  to  defend  the  home  from  unlawful  intrusions.  Nonethe- 
less, there  are  few  protections  from  government  interference  with  one's  privacy, 
family,  home,  or  correspondence. 

The  police  must  generally  demonstrate  reasonable  cause  and  obtain  permission 
from  the  provincial  governor  before  searching  a  private  home,  but  warrants  are  not 
required. 

Customs  officials  routinely  open  mail  and  shipments  for  contraband,  including 
material  deemed  pornographic  and  non-Muslim  religious  material.  Customs  officials 
confiscated  or  censored  offending  materials,  including  Christian  Bibles  and  religious 
video  tapes  (see  Section  2.c.).  The  authorities  also  open  mail  and  use  informants  and 
wiretaps  in  internal  security  and  criminal  matters.  Security  forces  used  wiretaps 
against  foreigners  suspected  of  alcohol-related  offenses. 

The  Government  enforces  most  social  and  Islamic  religious  norms,  which  are  mat- 
ters of  law  (see  Section  5).  Women  may  not  marry  non-Saudis  without  government 
permission;  men  must  obtain  approval  from  the  Ministry  of  Interior  to  marry 
women  from  countries  outside  the  six  states  of  the  Gulf  Cooperation  Council.  In  ac- 


1560 

cordance  with  Islamic  law,  women  are  prohibited  from  marrying  non-Muslims,  but 
men  may  marry  Christians  and  Jews  as  well  as  Muslims. 

Mutawwa'in  practices  and  incidents  of  abuse  varied  widely  in  different  regions  of 
the  country.  However,  in  certain  areas,  the  Mutawwa'in  and  religious  vigilantes  act- 
ing on  their  own  harassed,  assaulted,  battered,  arrested,  and  detained  citizens  and 
foreigners,  albeit  on  a  lesser  scale  than  in  1995  and  earlier  years  (see  Section  l.d.). 
The  Government  requires  the  Mutawwa'in  to  follow  established  procedures  and  to 
offer  instruction  in  a  polite  manner,  however,  Mutawwa'in  did  not  always  comply 
with  the  requirements.  The  Government  has  not  publicly  condemned  abuses  by 
Mutawwa'in  and  religious  vigilantes  but  has  sought  to  curtail  them. 

Mutawwa'in  enforcement  of  strict  standards  of  social  behavior  included  the  closing 
of  commercial  establishments  during  daily  praver  observances,  insisting  upon  com- 
pliance with  strict  norms  of  public  dress,  and  dispersing  gatherings  of  women  in 
public  places.  Mutawwa'in  frequently  remonstrated  with  Saudi  and  foreign  women 
lor  failure  to  observe  strict  dress  codes,  arrested  men  and  women  found  together 
who  were  not  married  or  otherwise  close  relatives,  and  arrested  men  suspected  of 
homosexual  activity. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Government  severely  limits  freedom  of 
speech  and  of  the  press.  The  authorities  do  not  countenance  criticism  of  Islam,  the 
ruUng  family,  or  the  Government.  Persons  whose  criticisms  align  them  with  an  or- 
ganized political  opposition  are  subject  to  arrest  and  detention  until  they  confess 
their  crime  or  sign  a  statement  promising  not  to  resume  such  criticisms,  which  is 
tantamount  to  a  confession. 

The  print  media  are  privately  owned  but  publicly  subsidized.  A  1982  media  policy 
statement  and  a  1965  national  security  law  prohibit  the  dissemination  of  criticism 
of  the  Government.  The  media  policy  statement  urges  journalists  to  uphold  Islam, 
oppose  atheism,  promote  Arab  interests,  and  preserve  the  cultural  heritage  of  Saudi 
Arabia.  The  Ministry  of  Information  appoints,  and  may  remove,  the  editors-in-chief. 
It  also  provides  guidelines  to  newspapers  on  controversial  issues.  The  Government 
owns  the  Saudi  Press  Agency  (SPA),  which  expresses  oflicial  government  views. 

Newspapers  typically  publish  news  on  sensitive  subjects,  such  as  crime  or  terror- 
ism, ono^  after  it  has  been  released  by  the  SPA  or  when  it  has  been  authorized  by 
a  senior  government  official.  Two  Saudi-owned,  London-based  dailies,  Ash-Sharq  al- 
Awsat  and  Al-Hayat,  are  widely  distributed  and  read  in  Saudi  Arabia.  Both  Ash- 
Sharq  al-Awsat  and  Al-Hayat  tend  to  practice  self-censorship  in  order  to  comply 
with  government  restrictions  on  sensitive  issues.  The  authorities  continue  to  censor 
stories  about  Saudi  Arabia  in  the  foreign  press.  Censors  may  remove  or  blacken  the 
offending  articles,  glue  pages  together,  or  prevent  certain  issues  of  foreign  publica- 
tions from  entering  the  market.  However,  the  Ministry  of  Information  continued  to 
relax  its  blackout  policy  regarding  politically  sensitive  news  concerning  Saudi  Ara- 
bia reported  in  international  mecOa,  although  press  restrictions  on  reporting  of  do- 
mestic news  remain  very  stringent.  The  Government's  policy  in  this  regard  appears 
to  be  motivated  in  part  by  pragmatic  considerations:  Saudi  access  to  outside  sources 
of  information,  especially  Cable  News  Network  (CNN)  and  other  satellite  television 
channels,  is  increasingly  widespread. 

The  Government  tightly  restricts  the  entry  of  foreign  journalists  into  the  King- 
dom. The  (Government  owns  and  operates  the  television  and  radio  companies.  Gov- 
ernment censors  remove  any  reference  to  politics,  religions  other  than  Islam,  pork 
or  pigs,  alcohol,  and  sex  from  foreign  programs  and  songs. 

There  are  approximately  1  million  satellite  receiving  dishes  in  the  country,  which 
provide  citizens  with  foreign  broadcasts.  The  legal  status  of  these  devices  is  ambigu- 
ous. The  (Government  ordered  a  halt  to  their  import  in  1992,  at  the  request  of  reli- 
fious  leaders  who  objected  to  foreign  programming  available  on  satellite  channels, 
n  March  1994,  the  Government  banned  the  sale,  installation,  and  maintenance  of 
dishes  and  supporting  devices,  but  the  number  of  dishes  continues  to  increase  and 
residents  may  legally  subscribe  to  satellite  decoding  services  that  require  a  dish. 

The  Grovemment  censors  all  forms  of  public  artistic  expression.  The  authorities 
prohibit  cinemas  and  public  musical  or  theatrical  performances,  except  those  that 
are  strictly  folkloric. 

Academic  freedom  is  restricted.  The  authorities  prohibit  the  study  of  evolution, 
Freud,  Marx,  Western  music,  and  Western  philosophy.  Some  professors  believe  that 
informers  monitor  their  classroom  comments  and  report  to  government  and  religious 
authorities. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  (Jovemment  strictly  limits 
the  freedom  of  assembly.  It  prohibits  public  demonstrations  as  a  means  of  political 
expression.  I\iblic  meetings  are  segregated  by  sex.  Unless  meetings  are  sponsored 


1561 

by  diplomatic  missions  or  approved  by  the  appropriate  governor,  foreign  residents 
seeking  to  hold  unsegregated  meetings  risk  arrest  and  deportation.  The  authorities 
monitor  any  large  gathering  of  people,  especially  of  women.  Government  policy  per- 
mits women  to  attend  cultural  and  social  events  at  diplomatic  chanceries  and  resi- 
dences only  if  they  are  accompanied  by  a  father,  brother,  or  husband.  However,  in 
practice,  police  orten  implement  the  policy  in  an  arbitrary  manner.  On  repeated  oc- 
casions during  the  year,  authorities  actively  prohibited  escorted  and  unescorted 
women  from  entering  diplomatic  chanceries  to  attend  cultural  events  and  lectures. 
The  Mutawwa'in  dispersed  groups  of  women  found  in  public  places  such  as  res- 
taurants. 

The  Government  strictly  limits  the  freedom  of  association.  It  prohibits  the  estab- 
lishment of  political  parties  or  any  type  of  opposition  group  (see  Section  3).  By  its 
power  to  license  associations,  the  Government  ensures  that  groups  conform  to  public 
policy. 

c.  Freedom  of  Religion. — Freedom  of  religion  does  not  exist.  Islam  is  the  official 
religion,  and  all  citizens  must  be  Muslims.  The  Government  prohibits  the  public 
practice  of  other  relirions. 

Conversion  by  a  Muslim  to  another  religion  is  considered  apostasy.  Public  apos- 
tasy is  a  crime  under  Shari'a  law  and  punisnable  by  death. 

Islamic  practice  is  generally  limited  to  that  of  the  Wahhabi  sect's  interpretation 
of  the  Hanbali  school  of  the  Sunni  branch  of  Islam.  Practices  contrary  to  tnis  inter- 
pretation, such  as  visits  to  the  graves  of  renowned  Muslims,  are  discouraged. 

The  Ministry  of  Islamic  Affairs  directly  supervises  and  is  a  major  source  of  funds 
for  the  construction  and  maintenance  of  almost  all  mosques  in  the  country.  The 
Ministry  pays  the  salaries  of  imams  and  others  who  work  in  the  mosques.  A  govern- 
mental committee  is  responsible  for  defining  the  qualifications  of  imams.  The 
Mutawwa'in  receive  their  funding  from  the  Government,  and  the  general  president 
of  the  Mutawwa'in  holds  the  rank  of  cabinet  minister. 

The  Shi'a  Muslim  minority  (roughly  500,000  of  over  13  million  citizens)  lives 
mostly  in  the  eastern  province.  They  are  the  objects  of  officially  sanctioned  political 
and  economic  discrimination  (see  Section  5).  Prior  to  1990,  the  Government  prohib- 
ited Shi'ite  public  processions  during  the  Islamic  month  of  Muharram  and  restricted 
other  processions  and  congregations  to  designated  areas  in  the  major  Shi'ite  cities. 
Since  1990  the  authorities  have  permitted  marches  on  the  Shi'ite  holiday  of  Ashura, 
provided  the  marchers  do  not  display  banners  or  engage  in  self-flagellation.  Ashura 
commemorations  took  place  in  1997  without  incident.  The  Government  seldom  per- 
mits private  construction  of  Shi'ite  mosques.  The  Shi'a  have  declined  government  of- 
fers to  build  state-supported  mosques  because  the  (jovernment  would  prohibit  the 
incorporation  and  display  of  Shi'ite  motifs  in  any  such  mosques. 

The  Government  does  not  permit  public  non-Muslim  religious  activities.  Non-Mus- 
lim worshippers  risk  arrest,  lashing,  and  deportation  for  engaging  in  religious  activ- 
ity that  attracts  official  attention.  There  were  no  reports  of  government  action 
against  private  religious  services  in  1997.  Furthermore,  for  the  nrst  time,  a  senior 
Saudi  leader  stated  publicly  that  the  (government  does  not  "prevent"  private  non- 
Muslim  religious  worship  in  the  home.  Such  private  non-Muslim  worship  activities 
occur  on  a  wide  scale  through  the  country,  including  on  the  premises  of  several  em- 
bassies. Other  high  level  Saudi  authorities  have  privately  confirmed  that  the  (Jov- 
emment's  policy  allows  for  private  non-Muslim  worship  and  that  the  Government 
does  not  sanction  investigation  or  harassment  of  such  private  worship  services.  The 
(jovemment  ascribes  any  residual  harassment  of  private  worship  services  to  individ- 
uals and  organizations  acting  on  their  own  authority  and  in  contradiction  of  govern- 
ment policy.  In  1997  there  were  unverifiable,  second-hand  reports  indicating  that 
the  Mutawwa'in  broke  up  two  non-Muslim  worship  services  in  private  homes  in 
Hafr  Al-Batn  and  Hail. 

Persons  wearing  religious  symbols  of  any  kind  in  public  risk  confrontation  with 
the  Mutawwa'in.  This  general  prohibition  against  religious  symbols  also  applies  to 
Muslims.  A  Christian  wearing  a  crucifix  or  a  Muslim  wearing  a  Koranic  necklace 
in  public  would  be  admonished.  There  were  credible  reports  that  Mutawwa'in  ar- 
rested and  beat  foreigners  found  trafficking  in  religious  symbols. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  restricts  the  travel  of  Saudi  women,  who  must  obtain 
written  permission  from  their  closest  male  relative  before  the  authorities  will  allow 
them  to  board  public  transportation  between  different  parts  of  the  country  or  travel 
abroad  (see  Section  5).  Men  may  travel  anywhere  within  the  country  or  abroad. 

Foreigners  are  typically  allowed  to  reside  or  work  in  Saudi  Arabia  only  under  the 
sponsorship  of  a  Saudi  national  or  business.  The  (jovernment  requires  foreign  resi- 
dents to  carry  identification  cards.  It  does  not  permit  foreigners  to  travel  outside 
the  city  of  their  employment  or  change  their  workplace  without  their  sponsor's  per- 


1562 

mission.  Foreign  residents  who  travel  within  the  country  may  be  asked  by  the  au- 
thorities to  show  that  they  possess  letters  of  permission  from  their  employer  or 
sponsor. 

Sponsors  generally  retain  possession  of  the  workers'  passports.  Foreign  workers 
must  obtain  permission  from  their  sponsors  to  travel  abroad.  If  sponsors  are  in- 
volved in  a  commercial  or  labor  dispute  with  foreign  employees,  they  may  ask  the 
authorities  to  prohibit  the  employees  from  departing  the  country  until  the  dispute 
is  resolved.  Some  sponsors  use  this  as  a  pressure  tactic  to  resolve  disputes  in  tneir 
favor  or  to  have  foreign  employees  deported.  There  were  numerous  reports  of  the 
Government  prohibiting  foreign  employees  involved  in  labor  disputes  from  departing 
the  country  until  the  dispute  was  resolved. 

The  Government  seizes  the  passports  of  all  potential  suspects  and  witnesses  in 
criminal  cases  and  suspends  the  issuance  of  exit  visas  to  them  until  the  case  is  tried 
or  otherwise  concluded.  As  a  result,  some  foreign  nationals  are  forced  to  remain  in 
the  country  for  lengthy  periods  against  their  will.  The  authorities  sometimes  con- 
fiscate the  passports  of  suspected  oppositionists  and  their  families.  The  Government 
sometimes  prevents  Shi'a  Muslims  believed  to  have  pro-Iranian  sympathies  from 
traveling  abroad.  The  Government  also  detained  and  interrogated  some  Saudi  Shi'a 
Muslims  who  had  traveled  to  Iran,  upon  their  return  to  Saudi  Arabia  (see  Section 
5). 

Citizens  may  emigrate,  but  the  law  prohibits  dual  citizenship.  Apart  from  mar- 
riage to  a  Saudi  national,  there  are  no  provisions  for  foreign  residents  to  acquire 
citizenship.  However,  foreigners  are  granted  citizenship  in  rare  cases,  generally 
through  the  advocacy  of  an  influential  patron. 

The  1992  Basic  Law  provides  that  "the  State  will  grant  political  asylum  if  the 

fmblic  interest  mitigates"  in  favor  of  it.  The  language  does  not  specify  clear  rules 
or  adjudicating  asylum  cases.  In  general,  the  authorities  regard  refugees  and  dis- 
placed persons  like  other  foreign  workers:  They  must  have  sponsors  for  employment 
or  risk  expulsion.  Of  the  35,000  Iraqi  civilians  and  former  prisoners  of  war  allowed 
refuge  in  Saudi  Arabia  at  the  end  of  the  Gulf  War,  none  has  been  granted  perma- 
nent asylum  by  the  Saudis;  however,  the  Government  has  underwritten  the  entire 
cost  of  providing  safe  haven  to  the  Iraqi  refugees,  and  it  continues  to  provide  excel- 
lent logistical  and  administrative  support  to  the  United  Nations  High  Commissioner 
for  Refugees  (UNHCR)  and  other  resettlement  agencies. 

At  year's  end,  approximately  29,000  of  the  original  35,000  Iraqi  refugees  had  been 
resettled  in  other  countries  or  voluntarily  repatriated  to  Iraq.  Most  of  the  approxi- 
mately 6,000  remaining  refugees  are  restricted  to  the  Rafna  refugee  camp.  The 
UNHCR  has  monitored  over  2,800  persons  voluntarily  returning  to  Iraq  from  Rafha 
since  December  1991  and  found  no  evidence  of  forcible  repatriation  (see  Section 

I.C.). 

The  Government  has  allowed  some  foreigners  to  remain  temporarily  in  Saudi  Ara- 
bia in  cases  where  their  safety  would  be  jeopardized  if  they  were  deported  to  their 
home  countries. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  right  to  change  their  government.  There  are  no  formal 
democratic  institutions,  and  only  a  few  citizens  have  a  voice  in  the  choice  of  leaders 
or  in  changing  the  political  system.  The  King  rules  on  civil  and  religious  matters 
within  certain  limitations  established  by  religious  law,  tradition,  and  the  need  to 
maintain  consensus  among  the  ruling  family  and  religious  leaders. 

The  King  is  also  the  Ptime  Minister,  and  the  Crown  Prince  serves  as  Deputy 
Prime  Minister.  The  King  appoints  all  other  ministers,  who  in  turn  appoint  subordi- 
nate officials  with  cabinet  concurrence.  In  1992  the  King  appointed  60  members  to 
a  Consultative  Council,  or  Majlis  Ash-Shura.  This  strictly  advisory  body  began  to 
hold  sessions  in  1993.  In  1997  the  King  expanded  the  Council  to  90  members,  in- 
cluding at  least  3  Shi'a  members.  The  Council  has  maintained  a  low  profile  and  is 
not  regarded  as  a  significant  political  force  by  either  the  citizenry  or  those  in  power. 

The  Council  of  Senior  Islamic  Scholars  is  another  advisory  body  to  the  King  and 
the  Cabinet.  It  reviews  the  Government's  public  policies  for  compliance  with  Shari'a. 
The  Government  views  the  Council  as  an  important  source  of  religious  legitimacy 
and  takes  the  Council's  opinions  into  account  when  promulgating  legislation. 

Communication  between  citizens  and  the  Government  is  usually  expressed 
through  client-patron  relationships  and  by  affinity  groups  such  as  tribes,  families, 
and  professional  hierarchies.  In  theory,  any  male  citizen  or  foreign  national  may  ex- 

gress  an  opinion  or  air  a  grievance  at  a  mailis — an  open-door  meeting  held  by  the 
;ing,  a  Pnnce,  or  an  important  national  or  focal  official.  However,  as  governmental 
functions  have  become  more  complex,  time-consuming,  and  centralized,  public  access 


1563 

to  senior  ofTicials  has  become  more  restricted.  Since  the  assassination  of  King  Faisal 
in  1975,  Saudi  kings  have  reduced  the  frequency  of  their  personal  contacts  with  the 
public.  Ministers  and  district  governors  more  readily  grant  audiences  at  a  majlis. 

Typical  topics  raised  in  a  majlis  are  complaints  about  bureaucratic  delay  or  insen- 
sitivity,  requests  for  personal  redress  or  assistance,  and  criticism  of  particular  acts 
of  government  affecting  family  welfare.  Broader  "political"  concerns — social,  eco- 
nomic, or  foreign  policy — are  rarely  raised.  Complaints  about  royal  abuses  of  power 
would  not  be  entertained.  In  general,  journalists,  academics,  and  businessmen  be- 
lieve that  institutionalized  avenues  of  domestic  criticism  of  the  regime  are  closed. 
Feedback  is  filtered  through  private  personal  channels  and  during  the  year  affected 
policy  issues  such  as  the  Middle  East  peace  process,  unemployment  of  young  Saudi 
men,  and  the  construction  of  new  infrastructure. 

The  Committee  for  the  Defense  of  Legitimate  Rights,  an  opposition  group,  was  es- 
tablished in  1993.  The  Government  act^d  almost  immediately  to  repress  it.  In  1994 
one  of  its  founding  members,  Mohammed  al-Masari,  fled  to  the  United  Kingdom, 
where  he  sought  political  asylum  and  established  an  overseas  branch  of  the  CDLR. 
In  1996  internal  divisions  within  the  CDLR  spawned  the  rival  Islamic  Reform  Move- 
ment (IRM),  headed  by  Sa'ad  al-Eaqih.  Al-Masari  expressed  the  CDLR's  "under- 
standing" of  two  fatal  terrorist  bombings  of  American  military  facilities  in  1995  and 
1996  and  sympathy  for  the  perpetrators.  The  IRM  implicitly  condoned  the  two  ter- 
rorist attacKs  in  Saudi  Arabia  also,  arguing  that  they  were  a  natural  outgrowth  of 
a  political  system  that  does  not  tolerate  peaceful  dissent.  Both  groups  continue  to 
criticize  the  Government,  using  computers  and  facsimile  transmissions  to  send 
newsletters  back  to  Saudi  Arabia. 

Women  play  no  formal  role  in  government  and  politics  and  are  actively  discour- 
aged from  doing  so.  Participation  by  women  in  a  majlis  is  restricted,  although  some 
women  seek  redress  through  female  members  of  the  royal  family.  At  least  3  of  the 
90  members  of  the  Majhs  Ash-Shura  are  Shi'a. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  no  publicly  active  human  rights  groups,  and  the  Government  has  made 
it  clear  that  none  critical  of  government  policies  will  be  permitted.  Both  Amnesty 
International  and  Human  Rights  Watch  reported  that  they  received  no  responses 
to  their  requests  for  information  or  access  to  the  country. 

The  Government  does  not  f>ermit  visits  by  international  human  rights  groups  or 
independent  monitors,  nor  has  it  fully  acceded  to  all  major  international  human 
rights  treaties  and  conventions.  The  Government  disagrees  with  internationally  ac- 
cepted definitions  of  human  rights  and  views  its  interpretation  of  Islamic  law  as  the 
only  necessary  guide  to  protect  human  rights.  The  Government  generally  ignores, 
or  condemns  as  attacks  on  Islam,  citations  of  Saudi  human  rights  abuses  by  inter- 
national monitors  or  foreign  governments. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

There  is  legal  and  systemic  discrimination  based  on  sex  and  religion.  The  law  for- 
bids discrimination  based  on  race,  but  not  nationality.  The  Government  and  private 
organizations  cooperate  in  providing  services  for  the  disabled.  The  Shia  religious  mi- 
nority suffers  social,  legal,  and  sectarian  discrimination. 

Women. — The  Government  does  not  keep  statistics  on  spousal  or  other  forms  of 
violence  against  women.  However,  based  on  the  limited  amount  of  information  avail- 
able regarding  physical  spousal  abuse  and  violence  against  women,  such  violence 
and  abuse  appear  to  be  a  problem.  Hospital  workers  report  that  many  women  are 
admitted  for  treatment  of  injuries  that  apparently  result  from  spousal  violence. 
Some  foreign  women  have  suffered  physical  abuse  from  their  Saudi  husbands.  A 
Saudi  man  can  prevent  his  wife  and  any  child  or  unmarried  adult  daughter  from 
obtaining  an  exit  visa  to  depart  Saudi  Arabia  (see  Section  2.d.). 

Foreign  embassies  continued  to  receive  many  reports  that  employers  abuse  for- 
eign women  working  as  domestic  servants.  Some  embassies  of  countries  with  large 
domestic  servant  populations  maintain  safehouses  to  which  their  citizens  may  flee 
to  escape  work  situations  that  include  forced  confinement,  withholding  of  food,  beat- 
ing ana  other  physical  abuse,  and  rape.  Often  the  reported  abuse  is  at  the  hands 
of  female  Saudis.  In  general,  the  Government  considers  such  cases  family  matters 
and  does  not  intervene  unless  charges  of  abuse  are  brought  to  its  attention.  It  is 
almost  impossible  for  foreign  women  to  obtain  redress  in  the  courts  due  to  the 
courts'  strict  evidentiary  rules  and  the  women's  own  fears  of  reprisals.  Few  employ- 
ers have  been  punished  for  such  abuses.  There  are  no  private  support  groups  or  reli- 
gious associations  to  assist  such  women. 


1564 

By  religious  law  and  social  custom,  women  have  the  right  to  own  property  and 
are  entitled  to  financial  support  from  their  husbands  or  male  relatives.  However, 
women  have  few  political  or  social  rights  and  are  not  treated  as  equal  members  of 
society.  There  are  no  active  women's  rights  groups.  Women,  including  foreigners, 
may  not  legally  drive  motor  vehicles  and  are  restricted  in  their  use  of  public  facili- 
ties when  men  are  present.  Women  must  enter  city  buses  by  separate  rear  en- 
trances and  sit  in  specially  designated  Sections.  Women  risk  arrest  by  the 
Mutawwa'in  for  riding  in  a  vehicle  driven  by  a  male  who  is  not  an  employee  or  a 
close  male  relative.  Women  are  not  admitted  to  a  hospital  for  medical  treatment 
without  the  consent  of  a  male  relative.  By  law  and  custom,  women  may  not  under- 
take domestic  or  foreign  travel  alone  (see  Section  2.d.). 

In  public  a  woman  is  expected  to  wear  an  abaya,  a  black  garment  covering  the 
entire  body,  and  to  also  cover  her  head  and  face.  The  Mutawwa'in  generally  expect 
women  from  Arab  countries,  Asia,  and  Africa  to  comply  more  fully  with  Saudi  cus- 
toms of  dress  than  they  do  Western  women;  nonetheless,  in  recent  years  they  have 
instructed  Western  women  to  wear  the  abaya  and  cover  their  hair.  In  1997 
Mutawwa'in  continued  to  admonish  and  harass  women  to  wear  their  abayas  and 
cover  their  hair. 

Some  government  officials  and  ministries  still  bar  accredited  female  diplomats  in 
Saudi  Arabia  from  official  meetings  and  diplomatic  functions. 

Women  are  also  subject  to  discrimination  under  Islamic  law,  which  stipulates  that 
dau^ters  receive  half  the  inheritance  awarded  to  their  brothers.  In  a  Shari'a  court, 
the  testimony  of  one  man  equals  that  of  two  women  (see  Section  I.e.).  Although  Is- 
lamic law  permits  polygyny,  it  is  becoming  less  common.  Islamic  law  enjoins  a  man 
to  treat  each  wife  equally.  In  practice  such  equality  is  left  to  the  discretion  of  the 
husband.  Some  women  participated  in  al-Mesyar  (or  "short  daytime  visit")  mar- 
riages, where  the  women  relinquish  their  legal  rights  to  financial  support  and  night- 
time cohabitation.  Additionally,  the  husband  is  not  required  to  inform  his  other 
wives  of  the  marriage,  and  the  children  have  no  inheritance  rights.  The  Grovemment 
places  greater  restrictions  on  women  than  on  men  regarding  marriage  to  non-Saudis 
and  non-Muslims  (see  Section  l.f.). 

Women  must  demonstrate  legally  specified  grounds  for  divorce,  but  men  may  di- 
vorce without  giving  cause.  If  divorced  or  widowed,  a  woman  normally  may  keep  her 
children  until  they  attain  a  specified  age:  7  years  for  boys,  9  years  for  girls.  Children 
over  these  ages  are  awarded  to  the  divorced  husband  or  the  deceased  husband's 
family.  Numerous  divorced  women  who  are  foreigners  continued  to  be  prevented  by 
their  former  husbands  from  visiting  their  children  after  divorce. 

Women  have  access  to  free,  but  segregated,  education  through  the  university 
level.  They  constitute  55  percent  of  all  university  graduates  but  are  excluded  from 
studying  subjects  such  as  engineering,  journalism,  and  architecture.  Men  may  study 
overseas;  women  may  do  so  only  if  accompanied  by  a  spouse  or  an  immediate  male 
relative. 

Women  make  up  approximately  5  percent  of  the  work  force.  Most  employment  op- 
portunities for  women  are  in  education  and  health  care,  with  lesser  opportunity  in 
business,  philanthropy,  banking,  retail  sales,  and  the  media.  In  1997  the  CJovern- 
ment  authorized  women  to  work  in  a  limited  capacity  in  the  hotel  industry.  Women 
wishing  to  enter  nontraditional  fields  are  subject  to  discrimination.  Women  may  not 
accept  jobs  in  rural  areas  if  they  are  required  to  live  apart  from  their  families.  All 
workplaces  where  women  are  present  are  segregated  by  sex.  Contact  with  male  su- 
pervisors or  clients  is  allowed  oy  telephone  or  lacsimile  machine.  In  1995  the  Min- 
istry of  Commerce  announced  that  women  would  no  longer  be  issued  business  li- 
censes for  work  in  fields  that  might  require  them  to  supervise  foreign  workers, 
interact  with  male  clients,  or  deal  on  a  regular  basis  with  government  officials. 

Children. — The  Government  provides  all  children  with  free  education  and  medical 
care.  Children  are  not  subject  to  the  strict  social  segregation  faced  by  women, 
though  they  are  segregated  by  sex  in  schools  starting  at  the  age  of  7.  In  more  gen- 
eral social  situations,  Doys  are  segregated  at  the  age  of  12  and  girls  at  the  onset 
of  puberty. 

It  is  difficult  to  gauge  the  prevalence  of  child  abuse,  since  the  Government  keeps 
no  statistics  on  such  cases  and  is  disinclined  to  infringe  on  family  privacy.  Societal 
abuse  of  children  does  not  appear  to  be  a  major  problem. 

People  With  Disabilities. — The  provision  oi  government  social  services  has  increas- 
ingly brought  the  disabled  into  the  public  domain.  The  media  carry  features  lauding 
the  public  accomplishments  of  disabled  persons  and  sharply  criticizing  parents  who 
neglect  disabled  children.  The  Government  and  private  charitable  organizations  co- 
operate in  education,  employment,  and  other  services  for  the  disabled.  The  law  pro- 
vides hiring  quotas  for  tne  disabled.  While  there  is  no  legislation  for  public  acces- 
sibility, newer  commercial  buildings  often  include  such  access. 


1565 

Religious  Minorities. — Shi'a  citizens  are  discriminated  against  in  government  and 
employment,  especially  in  national  security  ^obs.  Several  years  ago  the  Government 
subjected  Shi'a  to  employment  restrictions  in  the  oil  industry  and  has  not  relaxed 
them.  Since  the  Iranian  revolution,  some  Shi'a  suspected  of  subversion  have  been 
subjected  periodically  to  surveillance  and  limitations  on  travel  abroad.  Since  the  au- 
thorities began  investigating  the  1996  bombing  of  an  American  military  installation, 
they  have  detained  and  interrogated  an  increased  number  of  Shi'a,  including  Shi'a 
returning  to  Saudi  Arabia  following  travel  to  Iran  (see  Sections  l.d  and  2.d.). 

National  / Racial  / Ethnic  Minorities. — Although  racial  discrimination  is  illegal, 
there  is  substantial  societal  prejudice  based  on  ethnic  or  national  origin.  Foreign 
workers  from  Africa  and  Asia  are  subject  to  various  forms  of  formal  and  informal 
discrimination  and  have  the  most  difficulty  in  obtaining  justice  for  their  grievances. 
For  example,  pay  scales  for  identical  or  similar  labor  or  professional  services  are  set 
by  nationality  such  that  two  similarly  qualified  and  experienced  foreign  nationals 
performing  the  same  employment  duties  will  receive  different  compensation  based 
on  their  nationalities  (see  Section  6.b.). 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Government  decrees  prohibit  the  establishment  of 
labor  unions  and  any  strike  activity. 

In  1995  Saudi  Arabia  was  suspended  from  the  U.S.  Overseas  Private  Investment 
Corporation  (OPIC)  insurance  programs  because  of  the  Government's  lack  of  compli- 
ance with  internationally  recognized  worker  rights  standards. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  is  for- 
bidden. Foreign  workers  comprise  about  half  of  the  work  force.  There  is  no  mini- 
mum wage;  wages  are  set  by  employers  and  vary  according  to  the  type  of  work  per- 
formed and  the  nationality  of  the  worker  (see  Section  5). 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Government  prohibits  forced 
or  compulsory  labor  pursuant  to  a  1962  royal  decree  that  abolished  slavery.  Ratifica- 
tion of  the  International  Labor  Organization  (ILO)  Conventions  29  and  105,  which 
prohibit  forced  labor,  gives  them  the  force  of  law.  However,  employers  have  signifi- 
cant control  over  the  movements  of  foreign  employees,  giving  rise  to  situations  that 
might  involve  forced  labor,  especially  in  remote  areas  where  workers  are  unable  to 
leave  their  place  of  work. 

Some  sponsors  prevented  foreign  workers  from  obtaining  exit  visas  to  pressure 
them  to  sign  a  new  work  contract  or  to  drop  claims  against  their  employers  for  un- 
paid salary  (see  Section  2.d.).  In  another  pressure  tactic,  some  sponsors  refused  to 
provide  foreign  workers  with  a  "letter  of  no  objection"  that  would  allow  them  to  be 
employed  by  another  sponsor. 

The  labor  laws  do  not  protect  domestic  servants.  There  were  credible  reports  that 
female  domestic  servants  were  sometimes  forced  to  work  12  to  16  hours  a  day,  7 
days  a  week.  There  were  numerous  confirmed  reports  of  runaway  maids  (see  Section 
5).  The  authorities  often  returned  runaway  maids  to  their  employers  against  the 
maids'  wishes. 

There  have  been  many  reports  of  workers  whose  employers  refused  to  pay  several 
months,  or  even  years,  of  accumulated  salary  or  other  promised  benefits.  Nondomes- 
tic  workers  with  such  grievances  have  the  right  to  complain  before  the  labor  courts, 
but  few  do  so  because  of  fear  of  deportation.  The  labor  system  abets  the  exploitation 
of  foreign  workers  because  enforcement  of  work  contracts  is  difiicult  and  generally 
favors  employers.  Labor  cases  can  take  many  months  to  reach  a  final  appellate  rul- 
ing, during  which  time  the  employer  can  prevent  the  foreign  laborer  from  leaving 
the  country;  alternatively,  an  employer  can  delay  a  case  until  a  worker's  funds  are 
exhausted  and  the  worker  is  forced  to  return  to  his  home  country. 

The  law  does  not  specifically  prohibit  forced  or  bonded  labor  by  children.  Nonethe- 
less, with  the  rare  exception  oi  criminal  begging  rings,  and  the  possible  exceptions 
of  family  businesses,  forced  or  bonded  child  labor  does  not  occur  (see  Section  6.d.). 
In  1997  the  Government  actively  sought  to  eradicate  forced  child  begging.  According 
to  reports,  criminal  rings  consisting  almost  exclusively  of  foreigners  bought  and  im- 
ported South  Asian  children,  including  disabled  children.  Ring  organizers  systemati- 
cally forced  the  children  to  beg  in  the  streets  and  then  confiscated  all  money  that 
the  children  gained.  Saudi  autnorities  arrested  some  ring  organizers  and  returned 
at  least  76  children  to  their  own  countries. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  employment  is  13  years  of  age,  which  may  be  waived  by  the  Ministry 
of  Labor  with  the  consent  of  the  juvenile's  guardian.  There  is  no  minimum  age  for 
workers  employed  in  family  oriented  businesses  or  in  other  situations  that  are  con- 
strued as  extensions  of  the  household,  e.g.,  farmers,  herdsmen,  and  domestic  serv- 


1566 

ants.  The  law  does  not  specifically  prohibit  forced  or  bonded  labor  by  children,  but 
it  is  not  a  problem,  with  the  rare  exception  of  forced  child  begging  rings,  and,  pos- 
sibly, family  businesses  (see  Section  6.c.). 

Children  under  the  age  of  18  and  women  may  not  be  employed  in  hazardous  or 
harmful  industries,  such  as  mining  and  industries  employing  power-operated  ma- 
chinery. While  there  is  no  formal  government  entity  charged  with  enforcing  the  min- 
imum age  for  employment  of  children,  the  Ministry  of  Justice  has  jurisdiction  and 
hsis  acted  as  plaintiff  in  the  few  cases  that  have  arisen  against  alleged  violators. 
In  general,  however,  children  play  a  minimal  role  in  the  work  force. 

e.  Acceptable  Conditions  of  Work. — There  is  no  legal  minimum  wage.  Labor  regu- 
lations establish  a  48-hour  workweek  at  regular  pay  and  allow  employers  to  require 
up  to  12  additional  hours  of  overtime  at  time-and-a-half  pay.  Labor  law  provides  for 
a  24-hour  rest  period,  normally  Fridays,  although  the  employer  may  grant  it  on  an- 
other day. 

Some  foreign  nationals  who  have  been  recruited  abroad  have  complained  that 
after  arrival  in  Saudi  Arabia  they  were  presented  with  work  contracts  specifying 
lower  wages  and  fewer  benefits  than  originally  promised.  Other  foreign  workers 
have  reportedly  signed  contracts  in  their  home  countries  and  were  later  pressured 
to  sign  less  favorable  contracts  upon  arrival.  Some  employees  report  that  at  the  end 
of  their  contract  service,  their  employers  refuse  to  grant  permission  to  allow  them 
to  return  home.  Some  female  domestic  servants  were  often  subject  to  abuse  (see  Sec- 
tions 5  and  6.c.). 

Saudiization  is  the  (jovernment's  attempt  to  decrease  the  number  of  expatriates 
working  in  certain  occupations  and  to  replace  them  with  Saudi  workers.  To  this  end, 
the  Government  has  taken  several  long  term  steps,  most  notably  limiting  employ- 
ment in  certain  fields  to  Saudis,  by  prohibiting  renewal  of  existing  contracts,  and 
requiring  that  open  positions  be  filled  by  Saudi  workers.  There  is  a  limited  number 
of  persons,  both  influential  and  otherwise,  who  attempt  to  circumvent  the  require- 
ments of  the  law.  For  example,  employers  have  altered  job  descriptions  or  hired  for- 
eigners for  nominally  low-level  positions  but  in  fact  had  them  fill  Saudi  positions. 
Furthermore,  influential  persons  may  effectively  circumvent  the  law  because  the 
Ministry  of  Labor  is  simply  unwilling  to  confront  them. 

The  campaign  to  remove  illegal  immigrants  from  the  country  did  little  if  anything 
to  Saudiize  the  economy  since  illegal  immigrants  largely  work  in  low-income  posi- 
tions, which  most  Saudis  consider  unsuitable.  The  campaign  did,  however,  improve 
overall  working  conditions  for  legally  employed  immigrants  in  low-income  positions. 
The  (jovemment  carried  out  the  campaign  by  widely  publishing  its  intent  to  enforce 
existing  laws  against  illegal  immigrants  and  Saudis  employing  or  sponsoring  illegal 
immigrants.  At  the  same  time,  the  (jOvemment  offered  an  amnesty  of  several 
months  duration,  which  allowed  illegal  immigrants  and  their  employers  or  sponsors 
to  avoid  the  possibility  of  prosecution  by  voluntarily  seeking  expeditious  repatri- 
ation. Not  less  than  200,000  persons  departed  the  country  under  terms  of  the  am- 
nesty. In  the  process,  the  (jovernment  bowed  to  domestic  pressure  and  granted 
grace  periods  and  exemptions  for  certain  categories  of  illegal  immigrants,  thereby 
allowing  many  illegal  immigrants  to  legalize  their  status  without  leaving  the  coun- 
try. The  effect  of  the  expeditious  repatriation  of  some  illegal  immigrants  and  the  le- 
galization of  others  has  been  to  improve  overall  working  conditions  for  legally  em- 
ployed expatriates.  Illegal  immigrants  are  generally  willing  to  accept  lower  salaries 
and  fewer  benefits  than  legally  employed  immigrants.  Their  departure  or  legaliza- 
tion reduced  the  competition  for  certain  jobs  and  thereby  reduced  the  incentive  for 
legal  immigrants  to  accept  lower  wages  and  fewer  benefits  as  a  means  of  competing 
with  illegal  immigrants.  Furthermore,  the  departure  or  legalization  removed  a  large 
portion  of  the  class  of  persons  most  vulnerable  to  abuse  and  exploitation  because 
of  their  illegal  status. 

The  ILO  has  stated  that  the  Government  has  not  formulated  legislation  imple- 
menting the  ILO  Convention  on  Equal  Pay  and  that  regulations  that  segregate  work 
places  by  sex  or  limit  vocational  programs  for  women  violate  ILO  Convention  111. 

Labor  regulations  require  employers  to  protect  most  workers  from  job-related  haz- 
ards and  disease.  Foreign  nationals  report  frequent  failures  to  enforce  health  and 
safety  standards.  Farmers,  herdsmen,  domestic  servants,  and  workers  in  family  op- 
erated businesses  are  not  covered  by  these  regulations.  Workers  risk  their  employ- 
ment if  they  were  to  remove  themselves  from  hazardous  work  conditions. 


1567 
SYRIA 

Despite  the  existence  of  some  institutions  of  democratic  government,  the  political 
system  places  virtually  absolute  authority  in  the  hands  of  the  President,  Hafiz  Al- 
Asad.  Key  decisions  regarding  foreign  policy,  national  security,  internal  politics,  and 
the  economy  are  made  by  President  Asad  with  counsel  from  his  ministers,  high 
ranking  members  of  the  ruling  Ba'th  Party,  and  a  relatively  small  circle  of  security 
advisers.  Although  the  Parliament  is  elected  every  4  years,  the  Ba'th  Party  is  en- 
sured a  majority.  The  Parliament  does  not  initiate  laws,  but  only  passes  judgment 
on  and  sometimes  modifies  those  proposed  by  the  executive  brancn.  The  judiciary 
is  constitutionally  independent,  but  this  is  not  the  case  in  the  exceptional  (state  of 
emergency)  security  courts,  which  are  subject  to  political  influence.  The  regular 
courts  display  independence,  although  political  connections  and  bribery  can  influ- 
ence verdicts.  In  general,  all  three  brancnes  of  government  are  influenced  to  varying 
degrees  by  leaders  of  the  Ba'th  party,  whose  primacy  in  state  institutions  is  man- 
dated by  the  Constitution. 

The  powerful  role  of  the  security  services  in  government,  which  extends  beyond 
strictly  security  matters,  stems  in  part  from  the  state  of  emergency  that  has  been 
in  place  almost  continuously  since  1963.  The  Gk)vemment  justifies  martial  law  be- 
cause of  the  state  of  war  with  Israel  and  past  threats  from  terrorist  groups.  Syrian 
Military  Intelligence  and  Air  Force  Intelligence  are  military  agencies,  while  General 
Security,  State  Security,  and  Political  Security  come  under  the  purview  of  the  Min- 
istry of  Interior.  The  branches  of  the  security  services  operate  independently  of  each 
other  and  outside  the  legal  system.  Their  members  often  ignore  the  rights  of  sus- 
pects and  detainees  and  commit  serious  human  rights  abuses. 

The  economy  is  based  on  commerce,  agriculture,  oil  production,  and  government 
services.  There  is  a  generally  inefficient  public  sector,  a  private  sector,  and  a  mixed 
public/private  sector.  A  complex  bureaucracy,  overarching  security  concerns,  en- 
demic corruption,  currency  restrictions,  lack  of  modem  financial  services,  and  a 
weak  legal  system  hamper  economic  growth.  The  Government  has  sought  to  pro- 
mote the  private  sector  through  investment  incentives,  exchange  rate  consolidation, 
and  deregulation,  especially  with  regard  to  financial  transactions  governing  imports 
and  exports.  Due  to  a  slowdown  in  agricultural  output  and  reduced  revenues  from 
oil  exports,  real  gross  domestic  product  (GDP)  growth  is  about  4.6  percent,  down 
from  6  percent  in  1996.  The  high  population  growth  rate  of  3.1  percent  means  that 
real  per  capita  growth  is  only  1.5  percent.  Annual  per  capita  GDP  is  about  $1200, 
with  annual  inflation  hovering  between  16  and  18  percent.  Wage  increases  in  the 
public  sector  have  not  kept  pace  with  cost  of  living  increases,  and  the  gap  between 
rich  and  poor  continues  to  widen,  with  many  public  sector  workers  relying  on  second 
jobs  to  make  ends  meet. 

The  human  rights  situation  remained  poor,  and  the  Government  continues  to  re- 
strict or  deny  fundamental  rights.  Because  the  Ba'th  party's  domination  of  the  polit- 
ical system  is  provided  for  by  the  Constitution,  citizens  do  not  have  the  rignt  to 
change  the  Government.  The  GJovemment  uses  its  vast  powers  so  effectively  that 
there  is  no  organized  political  opposition  and  there  have  oeen  very  few  antiregime 
manifestations.  Serious  abuses  include  the  widespread  use  of  torture  in  detention; 
poor  prison  conditions;  arbitrary  arrest  and  prolonged  detention  without  trial;  fun- 
damentally unfair  trials  in  the  security  courts;  an  inefficient  judiciary  that  suffers 
from  corruption  and,  at  times,  political  influence;  infringement  on  citizens'  privacy 
rights;  denial  of  freedom  of  assembly  and  association;  limits  on  the  freedom  of  move- 
ment; and,  despite  a  slight  loosening  of  censorship  restrictions,  the  denial  of  the 
freedoms  of  speech  and  of  the  press.  Societal  discrimination  and  violence  against 
women  are  problems.  The  Government  discriminates  against  the  stateless  Kurdish 
minority  and  suppresses  worker  rights.  There  were  several  credible  reports  of  ar- 
rests of  political  activists,  while  more  than  a  dozen  political  prisoners  reportedly 
were  released  from  prison. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political 
killings  and  no  confirmed  reports  of  deaths  in  detention,  although  such  deatns  have 
occurred  in  the  past.  Previous  deaths  in  detention  have  not  been  investigated  by  the 
(jrovemment,  and  the  number  and  identities  of  prisoners  who  died  in  prisons  since 
the  1980's  remains  unknown. 

On  December  31,  1996,  a  bomb  exploded  on  a  private  transport  bus  in  central  Da- 
mascus, killing  at  least  20  persons  and  wounding  dozens  of  otners.  The  perpetrators 
and  motives  for  this  bomb  attack  remain  unclear. 


1568 

b.  Disappearance. — ^There  were  no  confirmed  reports  of  politically  motivated  dis- 
appearances. Despite  inquiries  by  international  human  rights  organizations  and  for- 
eign governments,  the  Government  offered  little  new  information  on  the  welfare  and 
whereabouts  of  persons  who  have  been  held  incommunicado  for  years  or  about 
whom  no  more  is  known  other  than  the  approximate  date  of  their  detention  (see 
Section  l.d.). 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Despite  the  existence  of  constitutional  provisions  and  several  Penal  Code  penalties 
for  abusers,  there  was  credible  evidence  that  security  forces  continue  to  use  torture. 
Former  prisoners  and  detainees  have  reported  that  torture  methods  included  elec- 
trical shocks;  pulling  out  fingernails;  the  forced  insertion  of  objects  into  the  rectum; 
beatings,  sometimes,  while  the  victim  is  suspended  from  the  ceiling;  hyperextension 
of  the  spine;  and  the  use  of  a  chair  that  bends  backwards  to  asphyxiate  the  victim 
or  fracture  the  spine.  Although  torture  may  occur  in  prisons,  torture  is  most  likely 
while  detainees  are  being  held  at  one  of  the  many  detention  centers  run  by  the  var- 
ious security  services  throughout  the  country,  and  particularly  while  the  authorities 
are  trying  to  extract  a  confession  or  information  about  an  alleged  crime  or  alleged 
accomplices. 

The  Government  continues  to  deny  the  use  of  torture,  and  claims  that  it  would 
prosecute  anyone  believed  guilty  of  using  excessive  force  or  physical  abuse.  There 
were  no  reports  of  any  prosecutions  of  security  officials  during  the  year,  although 
past  victims  of  torture  have  identified  the  officials  who  beat  them,  up  to  the  level 
of  brigadier  general.  If  allegations  of  excessive  force  or  physical  abuse  are  to  be 
made  in  court,  the  plaintiff  is  required  to  initiate  his  own  civil  suit  against  the  al- 
leged abuser. 

Prison  conditions  vary  and  generally  are  poor  and  do  not  meet  minimum  inter- 
national standards  for  health  and  sanitation.  Facilities  for  political  or  national  secu- 
rity prisoners  are  generally  worse  than  those  that  house  common  criminals.  The 
prison  at  Tadmur  in  Palmyra,  where  many  political  and  national  security  prisoners 
nave  been  kept,  is  widely  considered  to  have  the  worst  conditions.  At  some  prisons, 
authorities  allow  visitation  rights,  but  in  other  cases  security  officials  demand 
bribes  from  family  members  who  wish  to  visit  incarcerated  relatives.  Overcrowding 
and  substandard  or  insufficient  food  exist  at  several  prisons.  Some  former  detainees 
have  reported  that  the  Government  prohibits  reading  materials,  even  the  Koran,  for 
political  prisoners. 

The  Government  does  not  permit  independent  monitoring  of  prison  or  detention 
center  conditions. 

In  instances  in  which  foreign  nationals  are  arrested,  the  authorities  sometimes  do 
not  inform  embassies  and  delay  or  deny  prison  visits  by  foreign  diplomats.  The  au- 
thorities consider  citizens  who  hold  dual  nationality  to  be  Syrians  only,  and  thus 
do  not  necessarily  recognize  or  grant  requests  by  foreign  diplomats  to  visit  or  other- 
wise assist  such  persons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — ^Arbitrary  arrest  and  detention  are  prob- 
lems. The  Emergency  Law,  which  authorizes  the  Government  to  conduct  preventive 
arrests,  overrides  Penal  Code  provisions  against  arbitrary  arrest  and  detention,  in- 
cluding the  need  to  obtain  warrants.  Officials  contend  that  the  Emergency  Law  is 
applied  only  in  narrowly  defined  cases.  Nonetheless,  in  cases  involving  political  or 
national  security  offenses,  arrests  are  generally  carried  out  in  secret,  and  suspects 
may  be  detained  incommunicado  for  prolonged  periods  without  charge  or  trial  and 
are  denied  the  right  to  a  judicial  determination  for  the  pretrial  detention.  Some  of 
these  practices  are  prohibited  by  the  state  of  emergency,  but  the  authorities  are  not 
held  to  these  strictures. 

The  Government  apparently  continues  to  detain  relatives  of  detainees  or  of  fugi- 
tives in  order  to  obtain  confessions  or  the  fugitive's  surrender  (see  Section  l.f.). 

Defendants  in  civil  and  criminal  trials  have  the  right  to  bail  hearings  and  the  pos- 
sible release  from  detention  on  their  own  recognizance.  There  is  no  oail  option  for 
those  accused  of  national  security  offenses.  Unlike  defendants  in  regular  criminal 
and  civil  cases,  security  detainees  do  not  have  access  to  lawyers  prior  to  or  during 
questioning. 

Detainees  have  no  legal  redress  for  false  arrest.  Security  forces  often  do  not  pro- 
vide detainees'  families  with  information  on  their  welfare  or  location  while  in  deten- 
tion. Consequently,  many  people  who  have  disappeared  in  past  years  are  believed 
to  be  in  long-term  detention  without  charge,  or  possibly  to  have  died  in  such  deten- 
tion. The  number  of  those  who  disappeared  in  tnis  way  probably  has  declined  over 
the  past  few  years,  although  this  may  be  due  to  the  Government's  success  in  deter- 
ring opposition  political  activity  rather  than  a  loosening  of  criteria  for  detention. 
Many  detainees  Drought  to  trial  have  been  held  incommunicado  for  years,  and  their 
trials  often  have  been  unfair  (see  Section  I.e.). 


1569 

Pretrial  detention  may  be  lengthy  even  in  cases  not  involving  political  or  national 
security  offenses.  The  criminal  justice  system  is  backlogged.  Many  criminal  suspects 
are  held  in  pretrial  detention  for  months  and  may  have  their  trials  extended  for  ad- 
ditional months.  Lengthy  pretrial  detentions  and  drawn-out  court  proceedings  are 
caused  by  a  shortage  of  available  courts  and  the  absence  of  legal  provisions  for  a 
speedy  trial  or  plea  oargaining. 

There  were  two  reports  of  large-scale  politically  motivated  arrests  in  1996  about 
which  there  was  no  new  information  in  1997:  in  March  1996,  up  to  100  political  ac- 
tivists allegedly  were  arrested  in  Davr  Al-Zur,  and  in  April  1996  up  to  800  members 
of  the  Turkoman  minority  reporteoly  were  detained  without  charge.  Most  of  the 
Turkomen  supposedly  were  released  by  July  1996,  but  some  still  may  remain  in  de- 
tention. 

The  last  significant  releases  of  political  detainees  took  place  in  late  November  and 
December  1995  (see  Section  I.e.).  While  most  of  the  doctors,  lawyers,  and  engineers 
arrested  in  a  mass  crackdown  in  1980  have  been  released,  some  apparently  remain 
in  prolonged  detention  without  charge.  Palestinian,  Jordanian,  and  Lebanese  citi- 
zens apparently  continue  to  be  detained  without  charge  by  Sjrrian  security  services 
in  both  Lebanon  and  Syria,  without  any  public  accounting  by  the  Government. 

Remaining  political  detainees  probably  number  in  the  hundreds  or  more.  Even  ap- 

F)roximate  figures  are  difficult  to  estimate  since  the  Government  does  not  verify  pub- 
icly  the  number  of  detentions  without  charge,  the  release  of  detainees,  or  whether 
detainees  are  subsequently  sentenced  to  prison  (see  Section  I.e.). 

The  Government  has  exiled  citizens  in  the  past,  although  the  practice  is  prohib- 
ited by  the  Constitution.  There  were  no  known  instances  of  forced  exile  in  1997. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, but  the  two  exceptional  courts  dealing  with  alleged  security  cases  are  not 
independent  of  executive  branch  control.  The  regular  court  system  displays  inde- 
pendence, although  political  connections  and  brifery  sometimes  influence  verdicts. 

The  judicial  system  is  composed  of  the  civil  and  criminal  courts,  military  courts, 
the  security  courts,  and  the  religious  courts,  which  adjudicate  matters  of  personal 
status  such  as  divorce  and  inheritance.  The  Court  of  Cassation  is  the  highest  court 
of  appeal.  The  Supreme  Constitutional  Court  is  empowered  to  rule  only  on  the  con- 
stitutionality of  laws  and  decrees.  It  does  not  hear  appeals. 

Civil  and  criminal  courts  are  organized  under  the  Ministry  of  Justice.  Defendants 
before  these  courts  are  entitled  to  the  legal  representation  of  their  choice;  the  courts 
appoint  lawyers  for  indigents.  Defendants  are  presumed  innocent;  they  are  allowed 
to  present  evidence,  ana  to  confront  their  accusers.  Trials  are  public,  except  for 
those  involving  juveniles  or  sex  offenses.  Defendants  may  appeal  their  verdicts  to 
a  provincial  appeals  court  and  ultimately  to  the  Court  of  Cassation.  Such  appeals 
are  difficult  because  the  courts  do  not  provide  verbatim  transcripts  of  cases — only 
summaries  prepared  by  the  presiding  judges.  There  are  no  juries. 

Military  courts  have  the  authority  to  try  civilian  as  well  as  military  personnel. 
The  venue  for  a  civilian  defendant  is  deciaed  by  a  military  prosecutor.  Tnere  were 
continuing  reports  that  the  Government  operates  military  field  courts  in  locations 
outside  of  established  courtrooms.  Such  courts  reportedly  observe  fewer  of  the  for- 
mal procedures  of  regular  military  courts. 

The  two  security  courts  are  the  Supreme  State  Security  Court  (SSSC),  which  tries 
political  and  national  security  cases,  and  the  Economic  Security  Court  (ESC),  which 
tries  cases  involving  financial  crimes.  Both  courts  operate  under  the  state  of  emer- 
gency, not  ordinary  law,  and  do  not  observe  constitutional  provisions  safeguarding 
defendants'  rights. 

Charges  against  defendants  in  the  SSSC  are  often  vague.  Many  defendants  ap- 
pear to  De  tried  for  exercising  normal  political  rights,  such  as  free  speech.  For  exam- 
ple, the  Emergency  Law  authorizes  the  prosecution  of  anyone  "opposing  the  goals 
of  the  revolution"  or  "shaking  the  confidence  of  the  masses  in  the  aims  of  the  revolu- 
tion," or  trying  to  "change  the  economic  or  social  structure  of  the  State."  Nonethe- 
less, the  Government  contends  that  the  SSSC  tries  only  persons  who  have  sought 
to  use  violence  against  the  State. 

Under  SSSC  procedures,  defendants  are  not  present  during  the  preliminary,  or  in- 
vestigative, phase  of  the  trial,  when  evidence  is  presented  by  the  prosecutor.  Trials 
are  usually  closed  to  the  public.  Lawyers  are  not  ensured  access  to  their  clients  be- 
fore the  trial  and  are  excluded  from  the  court  during  their  client's  initial  interroga- 
tion by  the  prosecutor.  Lawyers  submit  written  defense  pleas,  rather  than  oral  pres- 
entations. The  State's  case  is  often  based  on  confessions,  but  defendants  have  not 
been  allowed  to  argue  in  court  that  the  confessions  were  coerced.  There  is  no  known 
instance  in  which  the  court  ordered  a  medical  examination  for  a  defendant  who 
claimed  that  he  was  tortured.  The  SSSC  reportedly  has  acquitted  some  defendants, 
but  the  Government  does  not  provide  any  statistics  on  the  conviction  rate.  Defend- 


1570 

ants  do  not  have  the  right  to  appeal  verdicts,  but  sentences  are  reviewed  by  the 
Minister  of  Interior,  who  may  ratify,  nulUfy,  or  alter  sentences.  The  President  may 
also  intervene  in  the  review  process. 

Accurate  information  on  the  number  of  cases  heard  by  the  SSSC  is  difficult  to  ob- 
tain, although  in  recent  years  hundreds  of  cases  are  believed  to  have  passed  through 
the  court  annually.  Many  reportedly  involved  charges  relating  to  membership  in 
various  banned  political  groups,  including  the  Party  for  Communist  Action  and  the 
pro-Iraqi  wing  of  the  Ba'th  party.  Sentences  as  long  as  15  years  have  been  imposed. 
The  Government  permitted  delegates  from  Amnesty  International  (AI)  to  attend  a 
session  of  the  SSSC  in  March  (see  Section  4). 

The  Economic  Security  Court  (ESC)  tries  persons  for  alleged  violations  of  foreign- 
exchange  laws  and  other  economic  crimes.  Prosecution  of  economic  crimes  is  not  ap- 
plied uniformly,  as  some  government  officials  or  business  jjeople  with  close  connec- 
tions to  the  Government  likely  have  violated  Syria's  strict  economic  laws  without 
prosecution.  Like  the  SSSC,  the  ESC  does  not  ensure  defendants  due  process.  De- 
fendants may  not  have  adequate  access  to  lawyers  to  prepare  their  defenses,  and 
the  State's  case  is  usually  based  on  confessions.  Verdicts  likely  are  influenced  by 
high-ranking  government  officials.  Those  convicted  of  the  most  serious  economic 
crimes  do  not  have  the  right  of  appeal,  but  those  convicted  of  lesser  crimes  may  ap- 
peal to  the  Court  of  Cassation. 

The  last  major  releases  of  political  prisoners  and  detainees  took  place  in  late  No- 
vember and  December  1995.  Originally  the  Government  claimed  to  have  released 
some  1,650  political  prisoners  in  November  1995,  but  local  estimates  now  place  the 
number  released  between  2,200  and  3,000.  Many  of  those  released  apparently  were 
members  of  the  Muslim  Brotherhood  who  had  not  been  involved  in  acts  of  violence. 
The  release  also  may  have  included  some  persons  from  banned  Communist  parties, 
pro-Iraqi  Ba'athists,  and  Nasserites.  Some  former  prisoners  reported  having  to  sign 
loyalty  oaths  or  admissions  of  guilt  as  a  condition  of  their  release.  Other  prisoners 
released  in  November  1995  apparently  were  in  poor  health  as  a  result  of  their  incar- 
ceration; they  had  been  incarcerated  without  charge  or  had  been  detained  in  prison 
beyond  the  expiration  of  their  original  prison  sentences,  in  some  cases  for  years. 

The  Government  has  released  virtually  all  of  those  arrested  at  the  time  President 
Asad  took  power  in  1970.  At  least  three  persons  arrested  during  that  period  remain 
in  prison,  even  though  the  sentences  of  two  of  them  expired  in  1985.  The  third  ap- 
parently never  was  tried. 

The  Government  denies  that  it  holds  political  prisoners,  arguing  that,  although 
the  aims  of  some  prisoners  may  be  political,  their  activities,  including  subversion, 
were  criminal.  However,  the  Emergency  Law  and  the  Penal  Code  are  so  vague,  and 
the  Government's  power  so  broad,  that  many  persons  were  convicted  and  are  in 
prison  for  the  mere  expression  of  political  opposition  to  the  Government.  The  cur- 
rent number  of  political  prisoners  is  estimated  to  be  several  hundred  or  more. 

The  Government  released  a  number  of  political  prisoners  in  1997.  In  March  five 
men  affiliated  with  the  Committee  for  the  Defense  of  Democratic  Freedoms  and 
Human  Rights  were  reportedly  released  after  serving  5-year  terms.  In  April  the 
Government  reportedly  freed  a  leader  of  the  Lebanese  branch  of  the  Iraqi  Ba'th 
party  who  had  been  held  in  Syria  for  2V-i  years.  Six  or  more  members  of  banned 
Communist  and  left-wing  parties  also  supposedly  were  released  after  serving  long 
sentences. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — ^Al- 
though laws  provide  for  freedom  from  arbitrary  interference,  the  Emergency  Law 
authorizes  the  security  services  to  enter  homes  and  conduct  searches  with  warrants 
if  security  matters,  very  broadly  defined,  are  involved.  The  security  services  selec- 
tively monitor  telephone  conversations  and  facsimile  transmissions.  The  Govern- 
ment opens  mail  destined  for  both  citizens  and  foreign  residents.  It  also  prevents 
the  delivery  of  human  rights  materials. 

The  Government  apparently  has  continued  its  practice  of  threatening  or  detaining 
the  relatives  of  detainees  or  of  fugitives  in  order  to  obtain  confessions  or  the  fugi- 
tive's surrender.  One  such  case  involved  a  Syrian  Kurd  who  was  reportedly  detained 
for  over  a  month,  beaten,  and  tortured  to  extract  information  regarding  the  where- 
abouts of  his  brother. 

The  incidence  of  security  checkpoints  has  diminished.  There  are  fewer  police 
checkpoints  on  roads  and  in  populated  areas.  Generally,  the  security  services  set  up 
checkpoints  to  search  for  smuggled  goods,  weapons,  narcotics,  and  subversive  lit- 
erature. The  searches  take  place  without  warrants.  The  Government  and  the  Ba'th 
party  have  monitored  and  tried  to  restrict  some  citizens'  visits  to  foreign  embassies 
and  cultural  centers. 


1571 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  citizens  with  the 
right  to  express  opinions  freelv  in  speech  and  in  writing,  but  the  Government  re- 
stricts these  rights  significantly  in  practice.  The  Government  strictly  controls  dis- 
semination of  information  and  permits  no  written  criticism  of  the  President,  the 
President's  family,  the  Ba'th  party,  the  military,  or  the  legitimacy  of  the  regime.  The 
Emergency  Law  allows  the  Government  broad  discretion  in  determining  illegal  ex- 
pression. It  prohibits  the  publishing  of  "false  information,"  which  opposes  'H.he  goals 
of  the  revolution"  (see  Section  l.eT).  In  the  past,  the  Government  nas  imprisoned 
journalists  for  failing  to  observe  press  restrictions.  Two  journalists  from  a  govern- 
ment newspaper  were  allegedly  oismissed  after  publishing  an  article  in  July  that 
was  viewed  as  insulting  to  the  Prophet  Muhammad.  In  the  past,  state  security  serv- 
ices have  threatened  local  journalists  for  articles  printed  outside  Syria. 

The  Ministry  of  Information  and  the  Ministry  of  Culture  and  National  Guidance 
censor  the  domestic  and  foreign  press.  They  usually  prevent  publication  or  distribu- 
tion of  any  material  deemed  threatening  or  embarrassing  to  the  security  services 
or  high  levels  of  the  Government.  Censorship  is  usually  stricter  for  materials  in  Ar- 
abic. Commonly  censored  subjects  include:  the  Government's  human  rights  record; 
Islamic  fundamentalism;  allegations  of  official  involvement  in  drug  traiiicking;  as- 

fiects  of  the  Government's  role  in  Lebanon;  graphic  descriptions  of  sex;  material  un- 
avorable  to  the  Arab  cause  in  the  Middle  East  conflict;  and  material  that  is  offen- 
sive to  any  of  the  country's  religious  groups.  In  addition,  most  journalists  and  writ- 
ers practice  self-censorship,  in  order  to  avoid  provoking  a  negative  government  reac- 
tion. 

Recent  trends  toward  modest  relaxation  of  censorship  continued  during  the  year. 
The  media  demonstrated  somewhat  wider  latitude  in  reporting  on  regional  develop- 
ments, including  the  Middle  East  peace  process.  The  media  covered  some  peace 
process  events  factually,  but  other  events  were  reported  selectively  to  buttress  offi- 
cial views.  The  Government-controlled  press  increased  for  a  limited  period  the  num- 
ber of  articles  critical  of  issues  such  as  ofTicial  corruption  and  governmental  ineffi- 
ciency. In  April  a  Government  newspaper  printed  a  story  describing  the  torture  and 
wrongful  imprisonment  of  a  man  wno  served  4  years  for  allegedly  killing  a  nurse. 

The  Government  or  the  Ba'th  Party  owns  and  operates  the  radio  and  television 
companies  and  the  newspaper  publishing  houses.  There  are  no  privately  owned 
newspapers,  although  foreign-owned,  foreign-published  newspapers  circulate  rel- 
atively freely.  The  Ministry  of  Information  scripts  the  radio  and  television  news  pro- 
grams to  ensure  adherence  to  the  government  line.  The  Government  does  not  inter- 
fere with  broadcasts  from  abroad.  In  late  1994,  the  Government  announced  that  it 
would  confiscate  satellite  receiving  dishes  and  replace  them  with  a  government-con- 
trolled cable  television  distribution  system.  The  confiscation  program  did  not  take 
place.  Since  then,  satellite  dishes  have  proliferated  througnout  all  regions  and 
among  neighborhoods  of  all  social  and  economic  categories. 

The  Ministry  of  Culture  and  National  Guidance  censors  fiction  and  nonfiction 
works,  including  films.  It  also  determines  which  films  may  not  be  shown  at  the  cul- 
tural centers  operated  by  foreign  embassies. 

The  Government  restricts  academic  freedom.  Public  school  teachers  are  not  per- 
mitted to  express  ideas  contrary  to  government  policy,  although  authorities  allow 
somewhat  greater  freedom  of  expression  at  the  university  level. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Freedom  of  assembly  does  not 
exist.  Citizens  may  not  hold  meetings  unless  they  obtain  permission  from  the  Min- 
istry of  Interior.  Most  public  demonstrations  are  organized  by  the  Government  or 
Ba'th  Party.  The  Government  applies  the  restrictions  on  puolic  assembly  in  Pal- 
estinian refugee  camps,  where  controlled  demonstrations  have  been  allowed. 

In  June  a  group  of  as  many  as  160  students  reportedly  assembled  in  Damascus 
to  protest  a  new  educational  policy.  They  were  dispersed  peacefully  by  security  offi- 
cers, but  some  allegedly  attempted  to  reassemble  later  in  the  day.  There  were 
unconfirmed  reports  that  some  of  the  students  were  detained  for  several  days  and 
beaten  prior  to  their  release. 

The  Government  restricts  freedom  of  association.  Private  associations  must  be 
registered  with  the  Government  in  order  to  be  considered  legal.  Some  groups  have 
not  been  able  to  register,  presumably  because  the  Government  views  them  as  politi- 
cal, even  though  the  groups  presented  themselves  as  cultural  or  professional  asso- 
ciations. Unregistered  groups  may  not  hold  meetings,  and  the  authorities  do  not 
allow  the  estaolishment  of  independent  political  parties.  The  Government  usually 
grants  registration  to  groups  not  engaged  in  political  or  other  activities  deemed  sen- 
sitive. 

In  1980  the  Government  dissolved,  and  then  reconstituted  under  its  control,  the 
executive  boards  of  professional  associations  after  some  members  staged  a  national 


1572 

strike  and  advocated  an  end  to  the  state  of  emergency.  The  associations  have  not 
been  independent  since  that  time  and  are  generally  led  by  members  of  the  Ba'th 
party^  althou^  non-party  members  may  serve  on  their  executive  boards. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  generallv  respects  this  right  in  practice.  The  only  advantage  given  to 
a  particular  religion  by  the  Constitution  is  that  which  requires  the  President  to  be 
a  Muslim.  All  religions  and  sects  must  register  with  the  Government,  which  mon- 
itors fundraising  and  requires  permits  for  all  meetings  by  religious  groups,  except 
for  worship.  Although  no  law  prohibits  non-Muslims  from  proselytizing,  the  Govern- 
ment discourages  such  activity.  The  few  remaining  Jews  are  generally  barred  from 
government  employment  and  do  not  have  military  service  obligations.  Jews  are  the 
only  minority  group  whose  passports  and  identity  cards  note  their  religion.  There 
is  mandatory  religious  instruction  in  schools,  with  government-approved  teachers 
and  curricula.  Religion  courses  are  divided  into  separate  classes  lor  Muslim  and 
Christian  students.  Jews  have  a  separate  primary  school  for  Jews  only,  which  in- 
cludes religious  instruction  (see  Section  5). 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Government  restricts  travel  near  the  Golan  Heights  and  Iraq. 
Travel  to  Israel  is  illegal.  Citizens  must  have  government  permission  to  travel 
abroad.  Some  have  been  denied  such  permission  on  political  grounds,  although  gov- 
ernment oflicials  deny  that  this  practice  occurs.  The  authorities  may  prosecute  any 
person  found  attempting  to  emigrate  or  travel  abroad  without  official  permission, 
or  who  is  suspected  of  having  visited  Israel.  There  is  no  evidence  that  the  Govern- 
ment persecuted  upon  their  return  those  who  applied  for,  but  were  denied,  asylum 
abroad.  Women  over  the  age  of  18  have  the  legal  right  to  travel  without  the  permis- 
sion of  male  relatives.  In  practice,  however,  a  husband  may  file  a  request  with  the 
Ministry  of  Interior  to  prohibit  his  wife's  departure  from  Syria,  and  a  father  or 
brother  may  request  that  the  Ministry  prohibit  travel  abroad  by  unmarried  daugh- 
ters or  sisters,  even  if  they  are  over  18  years  of  age. 

The  United  Nations  Relief  and  Works  Agency  (UNRWA)  reported  that  as  of  Au- 
gust there  were  358,374  registered  Palestinian  refugees  in  Syria.  Palestinian  refu- 
gees sometimes  encounter  difficulties  in  obtaining  travel  documents  and  reentering 
Syria  after  travel  abroad.  The  Government  restricts  entry  by  Palestinians  who  are 
not  resident  in  Syria.  The  Government  does  not  allow  the  Palestinian  residents  of 
Gaza  to  visit  Syria. 

The  Government  cooperates  on  a  case-by-case  basis  with  the  office  of  the  United 
Nations  High  Commissioner  for  Refugees  (UNHCR)  and  other  humanitarian  organi- 
zations in  assisting  refugees.  The  Government  provides  first  asylum  but  is  selective 
about  extending  protection  to  refugees;  approximately  1,200  persons  sought  asylum 
through  the  UNHCR  during  the  first  8  months  of  1997.  Although  the  Government 
denied  any  forced  repatriation  of  those  who  may  have  had  a  valid  claim  to  refugee 
status,  it  apparently  forcibly  repatriated  a  few  Iraqi  and  Somali  refugees.  As  of  Au- 
gust 31,  there  were  an  estimated  37,000  non-Palestinian  refugees  in  Syria,  of  whom 
about  2,424  were  receiving  assistance  from  the  UNHCR,  including  1,500  refugees 
of  Iraqi  origin  at  the  El  Hoi  camp  and  other  locations. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Although  citizens  ostensibly  vote  for  the  Resident  and  Members  of  Parliament, 
they  do  not  have  the  right  to  change  their  government.  The  President  has  run  for 
election  unopposed  since  taking  power  in  1970.  Political  opposition  to  his  rule  is  not 
tolerated.  The  President  and  his  senior  aides,  particularly  those  in  the  military  and 
security  services,  ultimately  make  all  basic  decisions  on  political  and  economic  life, 
with  no  element  of  public  accountability. 

Moreover,  the  Constitution  mandates  that  the  Ba'th  Party  is  the  ruling  party  and 
is  ensured  a  majority  in  all  government  and  popular  associations,  such  as  workers' 
and  women's  groups.  Six  smaller  political  parties  are  also  permitted  and,  along  with 
the  Ba'th  Party,  make  up  the  National  Progi^ssive  Front  (NPF),  a  grouping  of  par- 
ties that  represents  the  sole  framework  of  legal  political  participation  ibr  citizens. 
While  created  ostensibly  to  give  the  appearance  of  a  multiparty  system,  the  NPF 
is  dominated  by  the  Ba'th  Party  and  does  not  change  the  essentially  one-party  char- 
acter of  the  political  system.  Non-Ba'th  Party  members  of  the  NPF  exist  as  political 
parties  largely  in  name  only  and  hew  closely  to  Ba'th  Party  and  government  poli- 
cies. 

The  Ba'th  Party  dominates  the  Parliament,  which  is  known  as  the  People's  Coun- 
cil. Although  parliamentarians  may  criticize  policies  and  modify  draft  laws,  the  ex- 
ecutive branch  retains  ultimate  control  over  the  legislative  process.  Since  1990  the 
Government  has  allowed  independent  non-NPF  candidates  to  run  for  a  limited  num- 


1573 

ber  of  seats  in  the  250-member  People's  Council.  The  current  number  of  independ- 
ent deputies  is  80,  ensuring  a  permanent  absolute  majority  for  the  Ba'th  Party- 
dominated  NPF. 

Persons  who  have  been  convicted  by  the  State  Security  Court  may  be  deprived 
of  their  political  ri^ts  after  they  are  released  from  prison.  Such  restrictions  include 
a  prohibition  against  engaging  in  political  activity,  the  denial  of  a  passport,  and  a 
bar  on  accepting  a  government  job  and  some  other  forms  of  employment.  The  dura- 
tion of  such  restrictions  may  last  from  10  years  to  the  remainder  of  the  former  pris- 
oner's life.  The  Government  contends  that  this  practice  is  mandated  by  the  Penal 
Code  and  has  been  in  effect  since  1949. 

Women  and  minorities,  with  the  exception  of  the  Jewish  population  and  stateless 
Kurds  (see  Section  5),  participate  in  the  political  system  without  restriction.  None- 
theless, women  are  underrepresented  in  government.  There  are  two  female  cabinet 
ministers  and  24  female  Members  of  Parliament. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  does  not  allow  the  existence  of  local  human  rights  groups.  One 
or  two  human  rights  groups  once  operated  legally  but  were  subsequently  banned  by 
the  Government. 

Amnesty  international  (AI)  visited  Syria  for  2  weeks  in  March,  the  second  major 
visit  by  an  international  human  rights  organization  (after  Human  Rights  Watch  in 
1995).  AI  delegates  met  with  the  Ministers  of  Foreign  Affairs,  Interior,  Justice,  In- 
formation, ana  Culture;  judges  from  the  SSSC  as  well  as  the  (Court's  prosecutor  and 
several  lawyers;  and  the  secretaries  general  of  the  Arab  Writers  Union  and  Arab 
Inter-Parliamentary  Union.  These  were  the  first  such  meetings  with  an  inter- 
national human  ri^ts  organization. 

AI  credited  Syria  with  an  overall  improvement  in  human  rights  over  the  last  few 
years  but  called  on  the  (Jovemment  to  review  the  cases  of  more  than  500  political 
prisoners  and  to  release  those  detained  solely  on  the  basis  of  their  political  beliefs. 

As  a  matter  of  policy,  the  Government  in  its  exchanges  with  international  groups 
denies  that  it  commits  human  rights  abuses.  It  has  not  permitted  representatives 
of  international  organizations  to  visit  prisons.  The  Government  says  that  it  now  re- 
sponds in  writing  to  all  inquiries  from  nongovernmental  organizations  (NGO's)  re- 
garding human  rights  issues,  including  the  cases  of  individual  detainees  and  pris- 
oners, through  an  interagency  governmental  committee  established  expressly  for 
that  purpose.  Human  Rights  Watch  reported  in  1997  that  the  Government  had  not 
responded  to  its  request  to  account  publicly  for  the  possibly  thousands  of  citizens 
who  were  executed  at  Tadmur  prison  in  tne  1980's.  The  Government  usually  re- 
sponds to  queries  from  human  rights  organizations  and  foreign  embassies  on  specific 
cases  by  saying  that  the  prisoner  in  question  has  violated  national  security  laws. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  eaual  rights  and  equal  opportunity  for  all  citizens. 
In  practice,  membership  in  the  Ba  th  Party  or  close  familial  relations  with  a  promi- 
nent party  member  or  government  official  can  be  important  for  economic,  social,  or 
educational  advancement.  Party  or  government  connections  can  pave  the  way  for  en- 
trance into  better  elementary  and  secondary  schools,  access  to  lucrative  employ- 
ment, and  greater  power  within  the  (jovernment,  the  military,  and  the  security 
services.  Certain  prominent  positions,  such  as  that  of  provincial  governor,  are  re- 
served solely  for  Ba'th  Party  members.  Apart  from  some  discrimination  against 
Kurds,  there  are  no  apparent  patterns  of  systematic  government  discrimination 
based  on  race,  sex,  religion,  disability,  language,  or  social  status.  However,  there  are 
vaiying  degrees  of  societal  discrimination  in  each  of  these  areas. 

Women. — Violence  against  women  occurs,  but  there  are  no  reliable  statistics  for 
domestic  violence  or  sexual  assault.  This  is  because  the  vast  majority  of  cases  go 
unreported,  and  victims  generally  are  reluctant  to  seek  assistance  from  non-family 
memoers.  There  are  no  laws  against  spousal  rape.  One  preliminary  academic  study 
suggested  that  domestic  violence  is  the  largest  single  reason  for  divorces,  and  that 
such  abuse  is  more  prevalent  among  the  less-educated.  It  appears  to  occur  more  in 
rural  than  in  urban  areas.  Batterea  women  have  the  legal  right  to  seek  redress  in 
court,  but  few  do  so  because  of  the  social  stigma  attached  to  such  action.  The  Syrian 
Women's  Federation  offers  services  to  battered  wives  to  remedy  individual  family 

f>roblems.  The  Syrian  Family  Planning  Association  also  seeks  to  deal  with  this  prob- 
em.  Some  private  groups,  including  the  Family  Planning  Association,  have  orga- 
nized seminars  on  violence  against  women,  which  were  reported  by  the  government 
press.  There   are   no   specifically   designated  shelters  or  safehavens   for  battered 


1574 

women  seeking  to  flee  their  husbands.  The  Syrian  Women's  Union,  in  conjunction 
with  the  Family  Planning  Association  and  Syrian  Lawyer's  Association,  organized 
a  conference  in  March  that  brought  together  female  writers,  professors,  lawyers,  and 
former  diplomats  to  discuss  strategies  for  advancing  women's  rights  in  Syria. 

The  Constitution  provides  for  equality  between  men  and  women  and  equal  pay 
for  equal  work.  Moreover,  the  Gk)vemment  has  sought  to  overcome  traditional  dis- 
criminatory attitudes  toward  women,  and  encourages  women's  education.  However, 
the  Parliament  has  not  yet  changed  personal  status  retirement  and  social  security 
laws  that  discriminate  against  women.  In  addition,  some  secular  laws  discriminate 
against  women.  For  example,  under  criminal  law  punishment  for  adultery  and  dig- 
nity crimes  is  twice  that  for  the  same  crime  committed  by  a  man. 

Personal  status  law  on  divorce  is  based  on  Shari'a  or  Islamic  law,  and  discrimi- 
nates against  women.  For  example,  husbands  may  claim  adultery  as  grounds  for  di- 
vorce, but  wives  face  more  difficulty  in  presenting  the  same  argument.  In  addition, 
if  a  woman  requests  a  divorce  from  her  husband,  she  may  not  be  entitled  to  child 
support  in  some  instances,  even  if  she  keeps  the  children,  or  even  obtaining  a  di- 
vorce. In  addition,  under  the  law,  a  woman  loses  the  right  to  custody  of  boys  at  the 
age  of  9  years  and  girls  at  the  age  of  12  years. 

Inheritance  for  Muslims  and  Christians  is  based  on  Shari'a.  Accordingly,  women 
are  usually  granted  half  the  inheritance  share  of  male  heirs.  On  the  other  hand, 
Shari'a  mandates  that  male  heirs  provide  financial  support  to  the  female  relatives 
who  inherit  less.  For  example,  a  brother  who  inherits  an  unmarried  sister's  share 
from  their  parents'  estate  is  obligated  to  provide  for  the  sister's  well-being.  If  the 
brother  fails  to  do  so,  she  has  the  right  to  sue,  but  such  cases  are  not  common. 

Shari'a  law  on  marriage  and  divorce  applies  to  Muslims  only.  Christians  are  sub- 
ject to  church  canon  law  on  marriage  and  divorce,  making  divorces  difTicult  to  obtain 
in  many  cases. 

Polygyny  is  legal  but  is  practiced  only  by  a  small  minority  of  Muslim  men.  Under 
Shari'a,  a  husband  has  the  right  to  take  up  to  four  wives  without  asking  the  consent 
of  his  other  wife  or  wives,  but  he  is  supposed  to  treat  them  equally  and  be  able  to 
support  all  of  them.  The  first  wife  and  later  wives  have  the  right  to  seek  a  divorce 
if  the  husband  takes  an  additional  wife. 

A  father  may  request  that  the  Government  prohibit  travel  abroad  by  his  unmar- 
ried daughter,  and  a  husband  can  request  that  his  wife's  travel  abroad  be  prohibited 
(see  Section  2.d.). 

Women  participate  actively  in  public  life  and  are  represented  in  most  professions, 
as  well  as  the  military.  Women  are  not  impeded  from  owning  or  managing  land  or 
other  real  property.  Women  constitute  6  percent  of  judges,  10  percent  of  lawyers, 
57  percent  of  teacners  below  university  level,  and  20  percent  oi  university  profes- 
sors. 

Children. — There  is  no  legal  discrimination  between  boys  and  girls  in  school  or 
in  health  care.  Education  is  compulsory  for  ail  children,  male  or  female,  between 
the  ages  of  6  and  12.  According  to  the  Syrian  Women's  Union,  about  46  percent  of 
the  total  number  of  students  through  the  secondary  level  are  female. 

Nevertheless,  societal  pressure  for  early  marriage  and  childbearing  interfere  with 
girls'  educational  progress,  particularly  in  rural  areas,  where  dropout  rates  for  fe- 
male students  remain  hi^. 

The  law  stresses  the  need  to  protect  children,  and  the  Government  has  organized 
seminars  on  the  subject  of  child  welfare.  Although  there  are  cases  of  child  abuse, 
there  is  no  societal  pattern  of  abuse  against  children.  The  law  provides  for  severe 
penalties  for  those  found  guilty  of  the  most  serious  abuses  against  children. 

People  With  Disabilities. — The  law  prohibits  discrimination  against  the  disabled 
and  seeks  to  integrate  them  into  the  public  sector  work  force.  However,  implementa- 
tion is  spotty.  Regulations  reserving  2  percent  of  government  and  public  sector  jobs 
for  the  disabled  are  not  rigorously  implemented.  The  disabled  do  not  have  recourse 
to  the  courts  regarding  discrimination.  There  are  no  laws  mandating  access  to  pub- 
lic buildings  for  the  disabled. 

Religious  Minorities. — Although  there  is  a  significant  amount  of  religious  toler- 
ance, religion  or  ethnic  alTiliation  can  be  a  contributing  factor  in  determining  career 
opportunities.  For  example,  members  of  the  President's  Alawi  sect  hold  a  predomi- 
nant position  in  the  security  services  and  military,  well  out  of  proportion  to  their 
percentage  of  the  population.  Nevertheless,  government  policy  officially  disavows 
sectarianism. 

There  is  little  evidence  of  societal  discrimination  or  violence  against  religious  mi- 
norities, including  Jews.  Government-run  schools  offer  separate  religious  instruction 
for  Christians  and  Muslims.  Jews  have  a  separate  primary  school  which  offers  reli- 
^ous  instruction  on  Judaism,  in  addition  to  traditional  subjects.  Although  Arabic 
18  the  official  language  in  public  schools,  the  Government  allows  the  teaching  of  Ar- 


1575 

menian,  Hebrew,  and  Chaldean  in  some  schools  on  the  basis  that  these  are  "litur- 
gical languages."  Technically,  all  schools  are  government-run  and  nonsectarian,  al- 
though some  schools  are  run  in  practice  by  Christian  and  Jewish  minorities. 

National  I  Racial  I  Ethnic  Minorities. — The  Government  generally  permits  national 
and  ethnic  minorities  to  conduct  traditional,  religious,  and  cultural  activities.  How- 
ever, the  Government's  attitude  toward  the  Kurdish  minority  is  a  significant  excep- 
tion to  this  policy.  Although  the  Government  contends  that  there  is  no  discrimina- 
tion against  the  Kurdish  population,  it  has  placed  limits  on  the  use  and  teaching 
of  the  Kurdish  language,  Kurdish  cultural  expression,  and,  at  times,  the  celebration 
of  Kurdish  festival.  Some  members  of  the  Kurdish  community  have  been  tried  by 
the  Supreme  State  Security  Court  for  expressing  support  for  greater  Kurdish  auton- 
omy or  independence.  Although  the  Asad  Government  stopped  the  practice  of  strip- 
ping Kurds  in  Syria  of  their  Syrian  nationality  (some  120,000  lost  Syrian  nationality 
under  this  program  in  the  1960's),  it  never  restored  this  nationality.  As  a  result, 
those  who  had  their  nationality  taken  away,  and  their  children,  have  been  unable 
to  obtain  Syrian  nationality  and  passports,  or  even  identification  cards  and  birth 
certificates.  Without  Syrian  nationality,  these  stateless  Kurds,  who  accordii.g  to 
UNHCR  estimates  number  about  200,000  people,  are  unable  to  own  land,  cannot 
be  employed  by  the  Government,  and  have  no  right  to  vote.  They  encounter  difficul- 
ties in  enrolling  their  children  in  school.  Stateless  Kurdish  men  may  not  legally 
marry  Syrian  citizens. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^Although  the  Constitution  provides  for  this  right, 
workers  are  not  free  to  establish  unions  independent  of  the  Government.  All  unions 
must  belong  to  the  General  Federation  of  Trade  Unions  (GFTU),  which  is  dominated 
by  the  Ba'th  Party  and  is  actually  a  part  of  the  State's  bureaucratic  structure.  The 
GFTU  is  an  information  channel  between  political  decisionmakers  and  workers.  The 
GFTU  transmits  instructions  downward  to  the  unions  and  workers  but  also  conveys 
information  to  decisionmakers  about  worker  conditions  and  needs.  The  GFTU  pro- 
vides the  Government  with  opinions  on  legislation,  organizes  workers,  and  formu- 
lates rules  for  various  member  unions.  The  GFTU  president  is  a  senior  member  of 
the  Ba'th  party.  He  and  his  deputy  may  attend  cabinet  meetings  on  economic  af- 
fairs. The  GFTU  controls  nearly  all  aspects  of  union  activity. 

The  law  does  not  prohibit  strikes,  except  in  the  agricultural  sector.  Nevertheless, 
workers  are  inhibited  from  striking  because  of  previous  government  crackdowns  on 
strikers.  In  1980  the  security  forces  arrested  many  union  and  professional  associa- 
tion officials  who  planned  a  national  strike.  Some  of  those  remain  in  detention  or 
have  been  tried  by  the  State  Security  Court  (see  Section  2.b.). 

The  GFTU  is  affiliated  with  the  International  Confederation  of  Arab  Trade 
Unions. 

In  1992  Syria's  eligibility  for  tariff  preferences  under  the  U.S.  Generalized  System 
of  Preferences  was  suspended  because  the  Government  failed  to  take  steps  to  afford 
internationally  recognized  worker  rights  to  Syrian  workers. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — This  right  does  not  exist  in 
any  meaningful  sense.  Government  representatives  are  part  of  the  bargaining  proc- 
ess in  the  public  sector.  In  state-owned  companies,  union  representatives  negotiate 
hours,  wages,  and  conditions  of  employment  with  representatives  of  the  employers 
and  the  supervising  ministry.  Workers  serve  on  the  boards  of  directors  of  public  en- 
terprises. 

The  law  provides  for  collective  bargaining  in  the  private  sector,  but  any  such 
agreement  between  labor  and  management  must  be  ratified  by  the  Minister  of 
Labor  and  Social  Affairs,  who  has  effective  veto  power.  The  Committee  of  Experts 
of  the  International  Labor  Organization  (ILO)  has  long  noted  the  Government's  re- 
fusal to  abolish  the  Minister's  power  over  collective  contracts. 

Unions  have  the  right  to  litigate  disputes  over  work  contracts  and  other  workers' 
interests  with  employers  and  may  ask  for  binding  arbitration.  In  practice,  labor  and 
management  representatives  settle  most  disputes  without  resort  to  legal  remedies 
or  arbitration.  Management  has  the  right  to  request  arbitration,  but  this  is  seldom 
exercised.  Arbitration  usually  occurs  when  a  worker  initiates  a  dispute  over  wages 
or  severance  pay. 

Since  the  unions  are  part  of  the  Government's  bureaucratic  structure,  they  are 
protected  by  law  from  antiunion  discrimination.  There  were  no  reports  of  antiunion 
discrimination. 

There  are  no  unions  in  Syria's  seven  free  trade  zones.  Firms  in  the  zones  are  ex- 
empt from  the  laws  and  regulations  governing  hiring  and  firing,  although  they  myst 
observe  some  provisions  on  health,  safety,  hours,  and  sick  and  annual  leave. 


45-909    98-51 


1576 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — There  is  no  law  prohibiting  forced 
or  compulsory  labor.  There  were  no  reports  of  forced  or  compulsory  labor  involving 
children  or  foreign  or  domestic  workers.  Forced  labor  has  been  imposed  as  a  punish- 
ment for  some  convicts. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — ^The  Gov- 
ernment does  not  prohibit  forced  and  bonded  labor  by  children,  but  there  were  no 
reports  of  such  practices  (see  Section  6.c.).  The  minimum  age  for  employment  is  15 
in  the  public  sector  and  12  in  the  private  sector.  In  all  cases,  parental  permission 
is  required  for  children  under  the  age  of  16.  The  law  prohibits  children  from  work- 
ing at  night.  However,  all  these  laws  apply  only  to  children  working  for  a  salary. 
Those  working  in  family  businesses  who  are  not  technically  paid  a  salary — a  com- 
mon phenomenon — do  not  fall  under  the  law.  The  Government  claims  that  the  ex- 
pansion of  the  private  sector  has  led  to  more  young  children  working.  The  Ministry 
of  Labor  and  Social  Affairs  is  responsible  for  enforcing  child  labor  laws  but  does  not 
have  enough  inspectors  to  ensure  compliance  with  the  laws. 

e.  Acceptable  Conditions  of  Work. — The  Minister  of  Labor  and  Social  Affairs  is  re- 
sponsible for  enforcing  minimum  wage  levels  in  the  public  and  private  sectors.  The 
minimum  wage  is  $45  (2,014  Syrian  pounds)  per  month  in  the  public  sector  and  $43 
(1,940  Syrian  pounds)  per  month  in  the  private  sector.  A  committee  of  labor,  man- 
agement, and  government  representatives  submits  recommended  changes  in  the 
minimum  wage  to  the  Minister.  The  minimum  wage  does  not  provide  a  decent 
standard  of  living  for  a  worker  and  family.  As  a  result,  many  workers  take  addi- 
tional jobs  or  are  supported  by  their  extended  families. 

The  statutory  workweek  is  6  days  of  6  hours  each,  but  in  some  cases  a  9-hour 
workday  is  permitted.  The  laws  mandate  one  24-hour  rest  day  per  week.  Rules  and 
regulations  severely  limit  the  ability  of  an  employer  to  dismiss  employees  without 
cause.  Even  if  a  person  is  absent  from  work  without  notice  for  a  long  period,  the 
employer  must  follow  a  lengthy  procedure  of  trying  to  find  the  person  and  notify 
him,  including  through  newspaper  notices,  before  he  is  able  to  take  any  action 
against  the  employee.  Dismissed  employees  have  the  right  to  appeal  before  a  com- 
mittee of  representatives  from  the  union,  management,  the  Ministry  of  Labor  and 
Social  Affairs,  and  the  appropriate  municipality.  Such  committees  usually  find  in 
favor  of  the  employee.  The  law  does  not  protect  temporary  workers  who  are  not  sub- 
ject to  regulations  on  minimum  wages.  Small  private  firms  and  businesses  employ 
such  workers  to  avoid  the  costs  associated  with  niring  permanent  employees. 

The  law  mandates  safety  in  all  sectors,  and  managers  are  expected  to  implement 
them  fully.  In  practice,  there  is  little  enforcement  without  worker  complaints,  which 
occur  infrequently  despite  government  efforts  to  post  notices  on  safety  rights  and 
regulations.  Large  companies,  such  as  oil  field  contractors,  also  employ  safety  engi- 
neers. 

The  ILO  has  noted  that  a  provision  in  the  Labor  Code  allowing  employers  to  keep 
workers  at  the  workplace  for  as  many  as  11  hours  a  day  might  lead  to  abuse.  How- 
ever, there  have  been  no  reports  of  such  abuses.  Officials  from  the  Ministries  of 
Health  and  Labor  inspect  work  sites  for  compliance  with  health  and  safety  stand- 
ards. Such  inspections  appear  to  be  haphazard,  apart  from  those  conducted  in  hotels 
and  other  facilities  that  cater  to  foreigners.  Rural  enforcement  of  labor  laws  is  also 
more  lax  than  that  in  urban  areas,  where  inspectors  are  concentrated.  Workers  may 
lodge  complaints  about  health  and  safety  conditions  with  special  committees  estab- 
lished to  adjudicate  such  cases.  Workers  have  the  right  to  remove  themselves  from 
hazardous  conditions  without  risking  loss  of  employment. 


TUNISIA 

Tunisia  is  a  republic  dominated  by  a  single  political  party.  President  Zine  el- 
Abidine  Ben  Ali  and  his  Constitutional  Democratic  Rally  (RCD)  continue  to  control 
the  (jovemment,  including  the  legislature.  The  President  appoints  the  Prime  Min- 
ister, the  Cabinet,  and  23  governors.  Four  opposition  parties  hold  19  of  the  163 
seats  in  Parliament.  The  executive  branch  and  the  President  strongly  influence  the 
judiciary. 

The  police  share  responsibility  for  internal  security  with  a  paramilitary  national 
guard.  The  police  operate  in  the  capital  and  a  few  other  cities.  In  outlying  areas, 
tneir  policing  duties  are  shared  witn,  or  ceded  to,  the  national  guard.  Both  forces 
are  under  the  control  of  the  Minister  of  Interior  and  the  President.  The  security 
forces  continued  to  be  responsible  for  serious  human  rights  abuses. 

Tunisia  has  made  substantial  progress  towards  establishing  an  export-oriented 
mari(et  economy  based  on  manufactured  exports,  tourism,  agriculture,  and  petro- 


1577 

leum.  The  per  capita  gross  national  product  for  1997  was  approximately  $2,000 
while  real  per  capita  income  grew  by  6.9  percent.  Sixty  percent  of  citizens  are  in 
the  middle  class  and  enjoy  a  comfortable  standard  of  living.  Tunisia  has  a  high  level 
of  literacy,  low  population  growth  rates,  and  wide  distribution  of  health  care. 

The  Government's  human  rights  performance  improved  in  some  important  areas, 
but  it  continued  to  commit  some  serious  abuses.  The  ability  of  citizens  to  change 
their  government  has  yet  to  be  demonstrated.  Members  of  the  security  forces  report- 
edly physically  abused  prisoners  and  detainees;  there  was  only  one  publicly  reported 
case,  which  the  Grovemment  denied.  Security  forces  also  monitored  the  activities  of 
government  critics  and  at  times  harassed  them,  their  relatives,  and  associates.  Pris- 
on conditions  reportedly  ranged  from  Spartan  to  j>oor.  The  judiciary  is  subject  to  ex- 
ecutive branch  control,  and  due  process  rights  are  not  always  observed.  The  Govern- 
ment infringed  on  citizens'  privacy  rights.  The  Government  continued  to  impose  sig- 
nificant restrictions  on  freedom  of  expression,  and  journalists  practice  self-censor- 
ship. The  Government  demonstrated  a  pattern  of  intolerance  of  public  criticism,  en- 
actuig  selectively  enforced  regulations  tnat  further  restricted  freedom  of  speech,  the 
press,  assembly,  and  association.  The  Government  continued  to  use  control  of  adver- 
tising revenue  as  a  means  to  discourage  newspapers  and  magazines  from  publishing 
material  that  it  deemed  undesirable.  The  Government  frequently  seized  editions  of 
foreign  newspapers  containing  articles  it  considered  objectionable.  Towards  the  end 
of  the  year,  the  Government  tolerated  a  higher  degree  of  criticism  in  parliamentary 
debates  and  in  the  press.  The  Government  limits  partially  the  religious  freedom  of 
members  of  the  Baha'i  faith.  The  Government  returned  passports  to  several  promi- 
nent human  rights  activists  and  to  the  families  of  at  least  10  Islamist  activists  who 
live  abroad,  but  continued  to  restrict  the  freedom  of  movement  of  other  government 
critics  and  their  family  members.  The  Government  resumed  regular  contact  with  the 
Tunisian  Human  Rights  League  (LTDH)  in  May,  but  ended  it  in  August.  It  contin- 
ued to  place  serious  obstacles  in  the  way  of  the  LTDH's  effective  operation,  subject- 
ing League  members  and  other  human  rights  activists  to  reported  harassment,  in- 
terrogation, property  loss  or  damage,  loss  of  employment,  and  denial  of  passports. 
The  Government  continued  to  demonstrate  its  strong  support  for  the  rights  of 
women  and  children,  however,  legal  and  societal  discrimination  against  women  con- 
tinued to  exist  in  certain  areas. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Human  rights  activists  alleged  that 
police  used  unwarranted  lethal  force  against  an  elderly  woman,  Ghezala  Hannachi, 
during  a  search  of  her  home  in  September,  when  they  pushed  Hannachi  to  the 
ground,  causing  her  to  fall  and  incur  fatal  injuries.  The  Government  maintained 
that  Hannachi  (who  allegedly  had  a  preexisting  heart  condition)  suffered  a  heart  at- 
tack upon  learning  that  her  son  had  been  implicated  in  a  narcotics  investigation. 
The  Government  asserted  that  the  police  rushed  Hannachi  to  the  hospital  and  that 
she  died  en  route. 

Human  rights  activists  alleged  that  two  deaths  in  custody  occurred  as  a  result 
of  official  negligence  (see  Section  I.e.). 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Penal  Code  prohibits  the  use  of  torture  and  other  cruel,  inhuman,  or  degrading 
treatment  or  punishment;  however,  security  services  allegedly  have  used  various 
methods  of  torture  to  coerce  confessions  from  detainees.  The  forms  of  torture  alleg- 
edly include  electric  shock,  submersion  of  the  head  in  water,  beatings  with  hands, 
sticks,  and  police  batons,  and  food  and  sleep  deprivation. 

Human  rights  lawyers  alleged  that  police  and  prison  authorities  reportedly  mis- 
treated prisoners  by  subjecting  them  to  physical  abuse.  According  to  human  rights 
activists,  Abdel  Moumen  Belanes,  a  member  of  the  outlawed  Tunisian  Communist 
Workers  Party,  was  beaten  severely  by  prison  guards  on  April  30  and  May  12.  Cred- 
ible sources  alleged  that,  in  response  to  BelaneS's  vocal  criticism  of  prison  condi- 
tions and  his  refusal  to  salute  prison  guards,  up  to  12  prison  guards  stood  upon  his 
torso  and  arms  and  trod  ufX)n  him  with  heavy  boots.  His  attorneys  also  alleged  that 
Belanes  was  held  in  solitary  confinement  and  that  he  was  not  permitted  to  receive 
visitors  for  1  month  after  the  beating.  Upon  receiving  complaints  from  the  Tunisian 
Human  Rights  League  about  the  treatment  that  Belanes  had  received,  the  Govern- 
ment launched  an  investigation  of  the  case  and  transferred  Belanes  to  another  pris- 
on with  ostensibly  better  conditions,  but  maintained  that  all  allegations  of  abuse 
were  unfounded.  The  Government  inquired  into  1996  allegations  by  a  German  citi- 


1578 

zen  that  he  was  beaten  severely  in  custody  and  concluded  that  the  allegations  were 
unfounded. 

Human  rights  advocates  maintain  that  charges  of  torture  and  mistreatment  are 
difficult  to  substantiate  because  government  authorities  often  deny  medical  exami- 
nations until  evidence  of  abuse  has  disappeared.  The  Government  maintained  that 
it  investigates  all  complaints  of  torture  and  mistreatment  filed  with  the  prosecutor's 
office  and  noted  that  alleged  victims  sometimes  publicly  accused  authorities  of  acts 
of  abuse  without  taking  the  steps  required  to  initiate  an  investigation.  Absent  a  for- 
mal complaint,  the  Government  may  open  an  administrative  investigation,  but  is 
unlikely  to  release  the  results  to  the  lawyers  of  affected  prisoners. 

According  to  defense  attorneys  and  former  prisoners,  prison  conditions  ranged 
from  Spartan  to  poor.  One  credible  source  alleged  that  40  to  43  prisoners  occupied 
one  cell;  another  alleged  that  120  prisoners  were  confined  to  a  cell  designed  to  hold 
50.  Recently  released  prisoners  claimed  that  they  were  provided  with  insufficient  ac- 
cess to  water  and  toilet  facilities,  creating  serious  sanitation  problems.  Human 
rights  lawyers  claimed  that  prison  conditions  for  many  of  their  clients  did  not  meet 
minimum  international  standards. 

There  were  credible  reports  that  conditions  and  prisons  rules  were  more  stringent 
for  political  prisoners  than  for  the  general  prison  population  and  that  the  authori- 
ties limited  the  quantity  and  variety  of  food  that  families  could  bring  to  supplement 
prison  fare.  One  credible  report  alleged  the  existence  of  special  cell  blocks  and  pris- 
ons for  political  prisoners,  where  they  may  be  held  in  solitary  confinement  for 
months  on  end.  Since  1996  National  High  Commissioner  for  Human  Rights  Rachid 
Driss,  whose  organization  is  government-funded,  has  made  eight  unannounced  pris- 
on inspections.  Although  Driss  declared  that  prison  living  conditions  and  prisoner 
hygiene  were  "good  and  improving,"  details  oi  his  inspections  have  not  been  made 
public. 

Human  rights  activists  alleged  that  official  negligence  resulted  in  two  cases  of 
death  in  custody.  Ridha  Khemiri  died  in  Bellarijia  prison  on  July  25,  after  undertak- 
ing a  hunger  strike  of  more  than  40  days.  The  LTDH  alleged  that  the  Government 
did  not  take  appropriate  measures  to  end  Khemiri's  hunger  strike  and  therefore 
contributed  to  his  death.  The  Government  stated  that  prison  authorities  attempted 
to  provide  medical  care  and  nourishment  for  Khemiri  on  several  occasions  but  that 
he  categorically  refused  all  treatment.  The  Government  maintained  that  prison  au- 
thorities were  in  the  process  of  transferring  Khemiri  to  a  hospital  when  he  died  of 
cardiac  arrest  brought  on  by  his  prolonged  hunger  strike. 

Ahmed  Ouafi,  a  chronic  asthmatic,  died  in  custody  on  September  4,  allegedly  after 
suffering  from  increasingly  serious  asthma  attacks  over  a  period  of  3  weeks.  The 
Human  Rights  League  claimed  that  prison  authorities'  negligence  in  providing  med- 
ical treatment  for  Ouafi  hastened  his  death  from  natural  causes.  The  Grovernment 
stated  that  Ouafi  was  provided  with  extensive  medical  treatment  throughout  his  in- 
carceration and  that  he  died  in  a  hospital. 

The  Government  does  not  permit  international  organizations  or  independent 
human  rights  organizations  to  inspect  or  monitor  prison  conditions.  In  September 
the  Tunisian  Human  Rights  League  announced  that  the  Government  had  agreed  to 
its  long-standing  request  to  conduct  prison  inspections,  however,  none  were  con- 
ducted by  year's  end. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  authorizes  the  police  to  make 
arrests  without  warrants  in  the  cases  of  suspected  felons  or  crimes  in  progress.  The 
Government  may  hold  a  susf>ect  incommunicado  for  10  days  following  arrest.  De- 
tainees have  the  right  to  be  informed  of  the  grounds  for  arrest  before  questioning 
and  may  request  a  medical  examination.  They  do  not  have  a  right  to  legal  represen- 
tation during  prearraignment  detention.  Attorneys,  human  rights  monitors,  and 
former  detainees  maintain  that  the  authorities  illegally  extend  the  10-day  limit  by 
falsifying  the  date  of  arrest. 

Detainees  have  a  right  to  be  represented  by  counsel  during  arraignment.  The  Gov- 
ernment provides  legal  representation  for  indigents.  At  arraignment,  the  examining 
magistrate  may  decide  to  release  the  accused  or  to  remand  him  to  pretrial  deten- 
tion. The  law  permits  the  release  of  accused  persons  on  bail,  which  may  be  paid  by 
a  third  party.  In  cases  involving  crimes  for  wnich  the  sentence  may  exceed  5  years, 
or  which  involve  national  security,  pretrial  detention  may  last  an  initial  period  of 
6  months  and  may  be  extended  by  court  order  for  two  additional  4-month  periods. 
During  this  period,  the  court  conducts  an  investigation,  hears  arguments,  and  ac- 
cepts evidence  and  motions  of  both  parties. 

A  case  proceeds  from  investigation  to  the  Criminal  Court  of  Appeals,  which  sets 
a  trial  date.  There  is  no  legal  limit  to  the  length  of  time  the  court  may  hold  a  case 
over  for  trial  nor  is  there  a  legal  imperative  to  a  speedy  hearing.  Complaints  of  pro- 


1579 

longed  detention  awaiting  trial  were  common,  and  President  Ben  Ali  publicly  en- 
couraged judges  to  make  Better  use  of  release  on  bail  and  suspended  sentences. 

Human  ri^ts  activists  alleged  that  the  Government  subjected  the  family  mem- 
bers of  Islamist  activists  to  arbitrary  arrest,  reportedly  utilizing  charges  of  "associa- 
tion with  criminal  elements"  to  punish  family  members  for  crimes  committed  by  in- 
dividuals (see  Section  1.0.  Rachida  Ben  Salem,  the  wife  of  an  Islamist  activist  now 
living  in  Holland,  was  arrested  on  such  charges  while  attempting  to  cross  the  Liby- 
an border  on  May  18.  On  November  19,  she  was  sentenced  to  2  years  and  3  months 
in  prison  for  association  with  a  "clandestine  organization"  and  leaving  the  country 
illegally  (see  Section  2.d.).  The  Government  maintained  that  Ben  Salem  was  as- 
sisted m  her  flight  from  the  country  by  members  of  the  illegal  An-Nahda  movement 
and  that  she  therefore  was  correctly  charged,  prosecuted,  and  convicted. 

There  is  no  reliable  estimate  of  the  number  of  political  detainees.  The  Constitu- 
tion prohibits  exile,  and  the  Government  observes  tne  prohibition. 

e.  Denial  of  Fair  Public  Trial. — Although  the  Constitution  provides  for  an  inde- 
pendent judiciary,  the  executive  branch  and  the  President  strongly  influences  the 
judiciary.  In  practice,  the  judicial  branch  is  part  of  the  Ministry  of  Justice  and  the 
executive  branch  appoints,  assigns,  grants  tenure  to,  and  transfers  judges.  In  addi- 
tion, the  F*resident  is  head  of  the  Supreme  Council  of  Judges.  This  situation  renders 
judges  susceptible  to  pressure  in  politically  sensitive  cases. 

The  court  system  comprises  the  regular  civil  and  criminal  courts,  including  the 
courts  of  first  instance,  the  courts  of  appeal,  and  the  Court  of  Cassation,  the  nation's 
highest  court,  as  well  as  the  military  tribunals  within  the  Defense  Ministry. 

The  Code  of  Procedure  is  patterned  after  the  French  legal  system.  By  law,  the 
accused  has  the  right  to  be  present  at  trial,  be  represented  by  counsel,  question  wit- 
nesses, and  appeal  verdicts.  However,  in  practice,  judges  do  not  always  observe 
these  rights.  The  law  permits  trial  in  absentia  of  fugitives  from  the  law.  Both  the 
accused  and  the  prosecutor  may  appeal  decisions  oi  the  lower  courts.  Defendants 
may  request  a  different  judge,  if  they  believe  that  a  judge  is  not  impartial.  The 
Court  01  Cassation,  which  considers  arguments  on  points  of  law,  as  opposed  to  the 
facts  of  a  case,  is  the  final  arbiter. 

Trials  in  the  regular  courts  of  first  instance  and  in  the  courts  of  appeals  are  open 
to  the  public.  The  presiding  judge  or  panel  of  judges  dominates  ai  trial,  and  defense 
attorneys  have  little  opportunity  to  participate  substantively.  Defense  lawyers  con- 
tend that  the  courts  often  fail  to  grant  them  adequate  notice  of  trial  dates  or  allow 
them  time  to  prepare  their  cases.  Some  also  reported  that  judges  restricted  access 
to  evidence  and  court  records,  requiring  in  some  cases,  for  example,  that  all  attor- 
neys of  record  examine  the  court  file  on  one  appointed  day,  in  judges  chambers 
without  copying  material  documents.  They  also  complained  that  the  judges  some- 
times refused  to  allow  them  to  call  witnesses  on  their  clients'  behalf  or  to  question 
key  government  witnesses. 

Mohamed  Moaada  and  Khemais  Chammari,  who  were  both  paroled  at  the  end  of 
1996,  continued  to  suffer  restrictions  to  their  freedom  (see  Section  2. a.). 

Military  tribunals  try  cases  involving  military  personnel  and  civilians  accused  of 
national  security  crimes.  A  military  tribunal  consists  of  a  civilian  judge  from  the  Su- 
preme Court  and  four  military  judges.  Defendants  may  appeal  the  tribunal's  verdict 
to  the  Court  of  Cassation. 

There  is  no  reliable  information  on  the  number  of  political  prisoners.  Human 
Rights  Watch  and  Amnesty  International  report  that  there  may  be  hundreds  of  po- 
litical prisoners,  convicted  and  imprisoned  for  membership  in  the  Islamist  group  An- 
Nahda  and  the  Communist  Workers  Party,  for  disseminating  information  of  these 
banned  organizations,  and  for  aiding  relatives  of  convicted  members. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  provides  for  the  inviolability  of  the  person,  the  home,  and  for  the  pri- 
vacy of  correspondence,  "except  in  exceptional  cases  defined  by  law."  The  law  re- 
quires that  the  police  have  warrants  to  conduct  searches,  but  police  sometimes  ig- 
nore the  requirement  if  authorities  consider  that  state  security  is  at  stake  or  that 
a  crime  is  in  progress.  Authorities  can  invoke  state  security  interests  to  justify  tele- 
phone surveillance.  There  were  numerous  reports  of  government  interception  of  fac- 
simile and  computer-transmitted  communications.  The  law  does  not  explicitly  au- 
thorize these  activities,  although  the  Government  stated  that  the  Code  of  Criminal 
Procedure  implicitly  gives  investigating  magistrates  such  authority.  Many  political 
activists  experience  frequent  and  sometimes  extended  interruptions  of  residential 
and  business  telephone  and  facsimile  services.  One  activist  complained  that  his  mail 
and  telephone  service  has  been  interrupted  since  1996. 

The  security  services  monitor  the  activities  of  political  critics  and  sometimes  har- 
ass, follow,  question,  or  otherwise  intimidate  their  relatives  and  associates.  Human 
rights  activists  alleged  that  the  relatives  of  Islamist  activists  who  are  in  jail  or  liv- 


1580 

ing  abroad  were  subjected  to  police  surveillance  and  mandatory  visits  to  police  sta- 
tions to  report  their  contact  with  their  relatives.  One  credible  source  also  alleged 
that  the  Grovemment  attempted  to  pressure  the  wives  of  Islamist  activists  living 
abroad  into  divorcing  their  husbands.  The  Government  maintained  that  the 
Islamists'  relatives  are  members  or  associates  of  the  outlawed  An-Nahda  movement 
and  that  they  are  correctly  subjected  to  legitimate  laws  prohibiting  membership  or 
association  in  that  organization. 

The  security  services  often  question  citizens  seen  talking  with  foreign  visitors  or 
residents,  particularly  visiting  international  human  rights  monitors  and  journalists. 
Police  presence  is  heavy  throughout  the  country.  The  Government  regularly  prohib- 
ited the  distribution  of  some  foreign  publications  (see  Section  2.a.).  Traflic  officers 
routinely  stop  motorists  for  no  apparent  reason  to  examine  their  personal  identifica- 
tion and  vehicular  documents. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of 
thought,  expression,  and  the  press;  however,  in  practice,  the  Government  restricts 
freetfom  of  speech  and  of  the  press. 

In  February  the  Ministry  of  Education  issued  a  circular  requiring  that  organizers 
of  all  public  meetings  on  university  campuses  submit  in  advance  to  the  Ministry  of 
Interior  a  list  of  participants  and  copies  of  all  papers  to  be  presented  or  discussed. 
In  March  the  Ministry  of  Tourism  issued  a  similar  circular  requiring  that  hotel 
managers  submit  the  details  of  all  planned  events,  including  the  names  of  all  par- 
ticipants, to  the  Ministry  of  Interior  prior  to  the  event.  The  regulations  appear  to 
be  selectively  enforced.  For  example,  a  May  conference  of  the  Arab  Lawyers  Union 
was  permitted  to  proceed  without  adhering  to  the  regulations.  Nonetheless,  many 
citizens  complained  that  the  overall  effect  of  the  regulations  was  to  further  restrict 
free  speech  and  discourage  individuals  from  criticizing  the  Government  (see  Section 
2.b.). 

In  April  the  Government  placed  former  opposition  party  leader  Mohamed  Moaada 
under  house  arrest  after  he  released  a  lengtny  communique  criticizing  the  (govern- 
ment. In  the  communique,  Moaada  alleged  that  following  nis  release  from  prison  on 
parole  on  December  31,  1996,  he  and  fellow  opposition  leader  Khemais  Chanmiari 
were  subjected  to  police  surveillance  of  their  homes  and  movements  and  prevented 
from  returning  to  their  jobs  or  obtaining  their  passports.  Moaada  claimea  that  be- 

g'nning  in  March  his  telephone  service  was  interrupted  and  that  he  was  prohibited 
om  receiving  visitors.  The  Government  ended  Moaada's  house  arrest  in  July  and 
returned  his  passport  in  September.  Chammari  received  his  passport  in  April  and 
left  the  country. 

In  April  four  members  of  the  Tunisian  General  Federation  of  Labor  (UGTT)  were 
arrested  and  jailed  on  charges  of  possession  and  distribution  of  false  material  preju- 
dicial to  the  public  order  and  of  defamation  of  the  secretary  general  of  the  UGTT. 
The  charges  were  filed  after  the  four  signed  a  petition  criticizing  the  UGTT  Sec- 
retary General  for  having  too  much  personal  power,  mismanaging  union  resources, 
violatingintemal  UGTT  rules,  exercising  authority  dictatorially,  and  transforming 
the  UGTT  into  an  organization  that  only  served  the  interests  of  its  leaders.  Al- 
though all  four  UGTT  members  were  released  on  bail  in  May,  the  case  is  still  under 
consideration  by  the  investigating  judge.  An  arrest  warrant  was  issued  for  a  fifth 
UGTT  member  on  the  same  charges  in  May,  but  because  that  individual  is  in  hid- 
ing, he  has  not  faced  court  proceedings  on  the  charges. 

Human  rights  activists  alleged  that  a  secondary  school  teacher,  Mohamed 
Hamzaoui,  faced  criminal  charges  in  retaliation  for  critical  statements  he  made  of 
the  Government.  Hamzaoui  was  arrested  in  Sfax  on  August  17  on  charges  of  posses- 
sion, distribution,  and  use  of  drugs.  According  to  human  rights  activists,  Hamzaoui 
first  was  brought  into  a  police  station  for  questioning  on  his  antigovernment  state- 
ments. Upon  returning  home,  he  was  confronted  with  evidence  of  drugs  that  police 
allegedly  found  in  his  home  in  his  absence.  Credible  sources  reported  that  Hamzaoui 
was  neither  a  drug  trafficker  nor  a  drug  user.  On  October  10,  Hamzaoui  was  con- 
victed on  one  count  of  drug  possession  and  sentenced  to  1  year  in  prison  and  an 
approximately  $910  (1,000  dinar)  fine.  The  Government  released  Hamzaoui  from 
prison  upon  presidential  order  on  October  16. 

In  September  prominent  activist  and  Human  Rights  League  Vice  President 
Khemais  Ksila  was  arrested  on  defamation  charges  after  he  circulated  a  commu- 
nique announcing  his  intention  to  begin  a  hunger  strike  to  protest  government  re- 
prisals for  his  human  rights  activism  (see  Section  4).  In  the  communique,  Ksila  also 
criticized  the  Government  for  restricting  freedom  of  expression.  Ksila  was  scheduled 
to  be  tried  on  January  21,  1998.  The  Government  maintained  that  Ksila  was  being 
prosecuted  in  full  accordance  with  the  law. 


1581 

Although  several  independent  newspapers  and  magazines  and  one  private  cable 
television  station  exist,  the  Government  relies  upon  direct  and  indirect  methods  to 
restrict  press  freedom  and  encourage  a  high  degree  of  self-censorship.  Primary 
among  these  methods  is  "depot  legal,  the  requirement  that  printers  and  publishers 
provide  copies  of  all  publications  to  the  Chief  Prosecutor,  Ministry  of  Interior,  and 
Ministry  of  Culture  prior  to  distribution.  Similarly,  distributors  must  deposit  copies 
of  publications  printed  abroad  with  the  Chief  Prosecutor  and  various  ministries 
prior  to  their  public  release.  While  publishers  need  not  wait  for  an  authorization, 
they  must  obtain  a  receipt  of  deposit  before  distribution.  On  occasion  such  receipts 
are  reportedly  withheld,  sometimes  indefinitely.  Without  a  receipt,  publications  may 
not  be  distributed  legally.  The  Press  Code  stipulates  fines  and  confiscations  for  fail- 
ure to  comply  with  these  provisions.  In  addition,  the  Government  provides  official 
texts  on  major  domestic  and  international  events  and  reportedly  has  reprimanded 
publishers  and  editors  for  failing  to  publish  these  statements. 

The  Government  also  relies  upon  indirect  methods,  such  as  newsprint  subsidies, 
control  of  public  advertising  revenues,  and  threatened  iniposition  of  restrictions 
upon  journalists  to  encourage  self-censorship  in  the  media.  There  were  reports  that 
the  Government  withheld  advertising  orders,  a  vital  source  of  revenues,  from  publi- 
cations that  published  articles  that  tne  Government  deemed  offensive.  The  Govern- 
ment exertea  further  control  over  the  media  by  threatening  to  impose  restrictions 
on  journalists,  such  as  refusing  permission  to  travel  abroad.  In  aadition,  Tunisian 
journalists  were  frequently  questioned  by  members  of  the  security  services  on  the 
nature  of  press  conferences  and  other  public  functions  hosted  by  foreigners  that  they 
attended.  Foreign  journalists  oflen  complain  of  being  followed  and  allege  that  their 
hotel  rooms  ana  notes  oflen  are  searched  in  their  absence. 

The  Government  owns  and  operates  the  Tunisian  Radio  and  Television  Establish- 
ment (ERTT).  The  ERTT's  coverage  of  government  news  is  taken  directly  from  the 
official  news  agency,  TAP.  There  are  several  regional  radio  stations  and  one  local 
cable  television  channel.  Bilateral  agreements  with  France  and  Italy  permit 
Tunisians  to  receive  the  French  television  channel  France  2  and  the  Italian  Rai 
Uno.  Recent  estimates  put  the  number  of  satellite  dishes  in  country  at  100,000. 
After  blocking  sales  for  several  years,  the  Government  instituted  regulations  in  1996 
to  govern  their  sale  and  installation.  Dishes  smuggled  from  Algeria  are  also  avail- 
able on  the  black  market  in  many  areas. 

In  June  the  World  Association  of  Newspapers  (WAN)  expelled  the  Tunisian  News- 
paper Association  for  its  failure  to  oppose  repression  of  freedom  of  the  press.  In  ex- 
pelling the  Tunisian  Newspaper  Association,  the  WAN  cited  its  3-year  investigation 
of  press  freedoms  in  Tunisia,  which  revealed  "numerous  instances  .  .  .  of  jailing  and 
harassment  of  journalists,  the  banning  of  foreign  publications  and  broadcasts,  and 
the  withdrawal  of  passports  from  Tunisian  journalists." 

The  Press  Code  contains  broad  provisions  prohibiting  subversion  and  defamation, 
neither  of  which  is  clearly  defined.  The  Government  routinely  prevented  distribution 
of  editions  of  foreign  newspapers  and  magazines  that  contained  articles  critical  of 
Tunisia.  Editions  of  Le  Monde  and  Al  Hayat,  for  example,  were  embargoed  several 
times  each  month. 

Following  a  November  speech  in  which  the  President  called  upon  the  press  to  ex- 
ercise greater  freedom  of  expression,  one  independent  newspaper  and  one  independ- 
ent political  review  published  articles  that  contained  statements  critical  of  the  Gov- 
ernment, including  those  made  by  opposition  members  of  the  Chamber  of  Deputies, 
with  no  repercussions.  The  Government  also  placed  advertising  in  several  opposition 
party  political  reviews,  thereby  permitting  them  to  resume  publication  for  the  first 
time  since  early  1996. 

Like  journalists,  university  professors  indicated  that  they  sometimes  practiced 
self-censorship  by  avoiding  classroom  criticism  of  the  Government  or  statements 
supportive  of  the  Islamist  An-Nahda  movement.  Professors  alleged  that  the  Govern- 
ment utilized  the  threat  of  tax  audits,  control  over  university  positions,  and  strict 
publishing  rules  to  encourage  self-censorship.  The  presence  of  police  on  campuses 
also  discouraged  dissent.  Academics  stated  tnat  while  the  February  17  Ministry  of 
Education  circular  requiring  advance  notification  and  approval  of  all  public  con- 
ferences was  only  selectively  enforced,  it  further  chilled  academic  freedom  and  rein- 
forced the  climate  of  fear  that  prevails  on  campuses. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  but  the  Government  imposes  some  restrictions  on  this  right. 
Groups  wishing  to  hold  a  public  meeting,  rally,  or  march  must  obtain  a  permit  from 
the  Ministry  oT  Interior.  The  authorities  routinely  approve  such  permits,  except  in 
cases  involving  proscribed  organizations.  Government  circulars  requiring  advance 
notification  of  meetings,  with  detailed  information,  imposed  further  restrictions  on 
freedom  of  assembly  (see  Section  2. a.). 


1582 

Although  the  LTDH  often  had  difficulty  in  obtaining  permission  to  use  public 
spaces,  the  Government  permitted  the  League  in  May  to  hold  a  public  celebration 
of  its  20th  anniversaiy.  The  Government  also  gave  the  LTDH  assurances  that  it 
would  be  permitted  to  hold  a  public  congress  and  elections  without  interference.  The 
LTDH,  other  human  rights  organizations,  and  human  rights  activists  continued  to 
suffer  harassment  and  restrictions  (see  Section  4). 

Although  the  Constitution  provides  for  freedom  of  association,  the  Government  re- 
stricts this  right  by  barring  membership  in  political  parties  organized  by  religion, 
race,  or  region.  On  these  grounds,  the  Government  prosecutes  members  of  the  illegal 
Islamist  movement  An-Nahda.  It  also  bans  organizations  that  threaten  disruption 
of  the  public  order  and  prosecutes  members  of  the  Communist  Workers  Party. 
Human  rights  activists  alleged  that  the  Government  extended  its  prosecution  of 
Islamist  activists  to  include  family  members  who  are  not  politically  active  (see  Sec- 
tions l.d.,  l.f.,  and  2.d.).  The  Government  reportedly  used  the  charge  of  association 
with  criminal  elements  to  prosecute  these  family  members  for  crimes  allegedly  com- 
mitted by  their  relatives. 

Former  MDS  opposition  party  leader  Mohamed  Moaada  was  detained  and  ques- 
tioned on  December  19  and  20  on  charges  of  association  with  an  illegal  organization 
after  he  reportedly  met  in  Eurof)e  with  leaders  of  the  illegal  Islamist  movement  An- 
Nahda.  Moaada  claimed  that  he  was  placed  under  house  arrest,  where  he  remained 
without  telephone  service  and  unable  to  receive  visitors.  The  Government  main- 
tained that  Moaada  was  not  arrested  but  was  only  questioned  in  connection  with 
his  activities  abroad  and  was  required  to  remain  in  the  govemorate  of  Tunis  pend- 
ing the  result  of  a  judicial  inquiry.  Moaada  is  scheduled  to  appear  before  an  inves- 
tigating judge  on  February  11,  1998  (see  Section  2.d.). 

c.  Freedom  of  Religion. — Islam  is  the  state  religion,  but  the  Government  permits 
the  practice  of  other  religions.  The  Government  controls  mosques  and  pays  the  sala- 
ries of  the  prayer  leaders.  The  1988  Law  on  Mosques  provides  that  only  personnel 
appointed  by  the  Government  may  lead  activities  in  the  mosques. 

The  Government  regards  the  Baha'i  faith  as  a  heretical  sect  of  Islam  and  permits 
its  adherents  to  practice  their  faith  only  in  private.  With  1,300  adherents,  the  Jew- 
ish community  is  the  country's  largest  indigenous  religious  minority.  The  Govern- 
ment assures  the  Jewish  community  freedom  of  worship  and  pays  the  salary  of  the 
Grand  Rabbi.  The  Christian  community,  estimated  at  about  2,000,  is  comf)osed 
mainly  of  foreigners.  It  freely  holds  church  services  and  operates  a  small  number 
of  schools. 

The  Government  views  proselytizing  as  an  act  against  the  "public  order."  Authori- 
ties ask  foreigners  suspected  of  proselytizing  to  depart  the  country  and  do  not  per- 
mit them  to  return.  There  were  no  reported  cases  of  ofiicial  action  against  persons 
suspected  of  proselytizing. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  these  rights.  People  are  free  to  change 
their  place  of  residence  or  work  at  will.  In  practice,  however,  the  Government  re- 
stricts the  freedom  of  movement  and  foreign  travel  of  those  critical  of  the  adminis- 
tration. 

Human  rights  monitors  complain  that  the  Government  arbitrarily  withholds  pass- 
ports from  citizens.  Although  the  Government  returned  passports  to  several  promi- 
nent political  and  human  rights  activists  such  as  Mohamed  Moaada  and  permitted 
them  to  travel  abroad,  it  continued  to  withhold  the  passports  of  many  other  citizens, 
such  as  human  rights  activist  Moncef  Marzouki.  Human  rights  activists  alleged  that 
the  Government  withheld  the  passports  of  the  family  members  of  Islamist  activists 
who  live  abroad.  In  November  the  Government  issued  passports  to  the  families  of 
at  least  10 — and  possibly  more — Islamist  activists  who  live  abroad.  Although  the 
Government  declined  to  provide  comment  on  the  case,  human  rights  activists  re- 
ported that  nearly  all  of^  the  Islamists'  families  who  had  previously  been  denied 
passports  received  them  in  November. 

Rachida  Ben  Salem,  the  wife  of  an  Islamist  activist  living  in  Holland,  was  ar- 
rested on  May  18  while  attempting  to  cross  the  Libyan  border  with  a  false  passport. 
On  November  19,  she  was  sentenced  to  2  years  and  3  months  in  prison  for  associa- 
tion with  a  clandestine  organization  and  leaving  the  country  illegally.  Although  the 
Government  and  human  rights  activists  agree  that  Ben  Salem  did  possess  a  false 

gassport,  human  rights  activists  alleged  that  the  Government  illegally  withheld  Ben 
alem's  passport  (she  had  not  previously  been  convicted  of  any  crime)  and  that  the 
Government  therefore  punished  Ben  Salem  for  the  alleged  crimes  of  her  husband 
(see  Sections  l.d.  and  l.f.).  In  addition,  because  Ben  Salem  was  arrested  before  at- 
tempting to  cross  the  Libyan  border,  her  defense  attorneys  asserted  that  she  was 
convicted  wrongly  of  leaving  the  country  without  a  passport.  The  Government  main- 


1583 

tained  that  Ben  Salem  was  correctly  charged,  prosecuted,  and  convicted,  and  that 
she  was  treated  in  a  fair  and  humane  manner. 

In  June  the  Government  prevented  human  rights  activist  Radhia  Nasraoui  from 
leaving  the  country  to  testify  at  hearings  before  the  European  Parliament  on  Tuni- 
sia. 

Former  opposition  party  leader  Mohamed  Moaada  was  put  under  house  arrest  in 
April  following  his  release  of  a  communique  critical  of  the  Government,  which  the 
Government  claimed  violated  the  terms  of  his  parole.  Durinjg  that  time,  he  was  pre- 
vented from  leaving  his  residence  or  receiving  visitors.  The  Government  ended 
Moaada's  house  arrest  in  July  but  resumed  it  on  December  20,  when  he  was  de- 
tained briefly  and  questioned  on  charges  of  association  with  an  illegal  organization 
(see  section  2.b). 

The  Government  has  signed  the  1951  U.N.  Convention  Relating  to  the  Status  of 
Refugees  and  its  1967  Protocol,  and  cooperates  with  the  office  of  the  United  Nations 
High  Commissioner  for  Refugees  (UNHCR)  in  assisting  reftigees.  The  Government 
acknowledged  UNHCR  determination  of  refugee  status  that  was  accorded  to  207  in- 
dividuals during  the  year.  Approximately  100  cases  await  determination  by  the 
UNHCR.  The  Government  provides  first  asylum  for  refugees,  based  on  UNHCR  rec- 
ommendations. There  is  no  pattern  of  abuse  of  refugees.  Although  a  few  refugees 
were  deported  during  the  year,  none  were  forced  to  return  to  countries  where  they 
feared  persecution. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

The  Constitution  provides  that  the  citizenry  shall  elect  the  President  and  mem- 
bers of  the  legislature  for  5-year  terms.  However,  the  ability  of  citizens  to  change 
their  government  through  democratic  means  has  yet  to  be  demonstrated.  The  ruling 
RCD  party  and  its  direct  predecessor  parties  have  controlled  the  political  arena 
since  Tunisia  gained  independence  in  1956.  The  party  dominates  the  Cabinet,  the 
Chamber  of  Deputies,  and  regional  and  local  governments.  The  President  appoints 
the  Cabinet  ana  the  23  governors.  The  Government  and  the  party  are  closely  inte- 
grated; the  President  of  the  Republic  is  also  the  President  of  the  party,  and  the  par- 
ty's Secretary  General  holds  the  rank  of  minister. 

President  Ben  Ali  was  reelected  for  a  5-year  term  in  1994.  Under  the  Constitu- 
tion, he  can  stand  for  reelection  in  1999  for  the  last  time.  Candidates  for  President 
must  receive  the  endorsement  of  30  sitting  deputies  to  launch  a  campaign.  The  163- 
seat  Chamber  of  Deputies  does  not  function  as  an  effective  counterweight  to  the  ex- 
ecutive branch.  The  Electoral  Code  provides  for  a  winner-take-all  formula  for  144 
of  its  seats.  The  ruling  party  won  all  seats  in  the  1994  parliamentary  elections. 
Nineteen  additional  seats  were  reserved  for  unsuccessful  candidates  and  divided 
among  4  opposition  parties  after  the  1994  elections.  Election  is  by  secret  ballot.  All 
legal  parties  are  free  to  present  candidates.  In  October  the  Government  held  a  spe- 
cial election  to  fill  a  seat  vacated  by  an  RCD  deputy  who  resigned  to  take  a  govern- 
ment post.  An  RCD  candidate  won  a  freely  contested  election  against  a  candidate 
from  the  Movement  of  Democratic  Socialists  (MDS)  opposition  party. 

In  July  the  Chamber  of  Deputies  approved  legislation  providing  for  the  public  fi- 
nancing of  political  parties.  According  to  the  legislation,  each  party  represented  in 
the  Chamber  of  Deputies  is  to  receive  an  annual  public  subsidy  of  approximately 
$54,000  (60,000  dinars),  paid  in  two  installments,  plus  an  additional  payment  (to 
be  determined  by  decree)  which  is  proportional  to  its  number  of  elected  deputies. 
Although  opposition  parties  welcomed  the  legislation  as  an  important  step  toward 
greater  political  pluralism,  several  parties  criticized  the  Government  for  restricting 
the  subsidies  to  those  parties  already  represented  in  Parliament.  Most  opposition 
parties  urged  the  Government  to  extend  the  legislation  to  include  all  parties  recog- 
nized by  the  Ministry  of  Interior. 

As  part  of  the  same  reform  package,  the  Government  also  amended  the  Constitu- 
tion to  permit  greater  use  of  popular  referendums  to  decide  constitutional  and  legis- 
lative questions,  although  details  concerning  the  implementation  of  the  amendment 
have  not  been  made  piiblic  yet.  The  Government  also  adopted  legislation  lowering 
the  minimum  age  for  election  to  the  Chamber  of  Deputies  from  25  to  23  and  extend- 
ing the  right  to  stand  as  a  candidate  for  the  Chamber  of  Deputies  to  all  Tunisian 
citizens,  whether  their  citizenship  was  transmitted  by  a  Tunisian  mother  or  father. 

The  most  vocal  and  active  of  the  opposition  parties,  the  MDS,  remained  weakened 
following  a  split  in  its  ranks  in  the  wake  of  the  conviction,  imprisonment,  and  re- 
lease of  party  President  Moaada  and  party  vice  president  Chammari  in  1996.  The 
(jovemment  continued  to  recognize  Ismail  Boulahia  as  the  new  official  MDS  presi- 
dent. A  separate  MDS  faction  contended  that  it  retained  the  support  of  a  majority 
of  the  MDS  ruling  council  and  refused  to  recognize  Boulahia  as  its  leader. 


1584 

Women  participate  in  politics,  but  they  are  underrepresented  in  senior  govern- 
ment positions.  Twelve  of  the  163  members  of  the  Chamber  of  Deputies  are  women. 
In  addition,  one  women  is  the  junior  minister  for  Women's  and  Children's  Affairs 
in  the  Prime  Minister's  oflice. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Tunisian  Human  Rights  League  is  the  most  active  independent  advocacy  or- 
ganization, with  branches  m  many  parts  of  the  countrv.  The  organization  receives 
and  researches  complaints  and  protests  individual  and  systemic  abuses.  Although 
the  Government  made  several  important  concessions  to  the  League,  it  continued  to 
place  significant  obstacles  in  the  way  of  its  effective  operation.  In  May  the  Govern- 
ment permitted  the  LTDH  to  publicly  mark  its  20th  anniversary  and  publish  one 
communique.  From  May  until  August,  the  Government  resumed  regular  contact 
with  the  League  for  the  first  time  since  the  summer  of  1996,  establishing  a  joint 
committee  that  met  on  a  regular  basis  to  discuss  human  rights  abuses.  The  Govern- 
ment provided  assurances  tnat  the  LTDH  would  be  able  to  hold  a  public  congress 
and  elect  new  local  and  national  officers  without  interference.  The  Gk)vernment 
ended  its  meetings  with  the  LTDH  after  it  accused  the  organization  of  prompting 
members  of  the  International  Human  Rights  Federation  to  give  inaccurate  testi- 
mony regarding  Tunisia  before  the  U.N.  Human  Rights  Commission.  In  September 
the  League  announced  that  the  Government  had  agreed  to  its  longstanding  request 
to  conduct  prison  inspections,  although  none  were  conducted  before  the  end  of  the 
year  (see  also  Section  I.e.). 

LTDH  members  and  other  human  rights  activists  reported  government  harass- 
ment, interrogation,  property  loss  or  damage,  unauthorized  home  entry,  and  denial 
of  passports.  The  LTDH  continues  to  be  unable  to  find  local  newspapers  willing  to 
publish  its  communiques  that  are  critical  of  the  Government.  Some  LTDH  chapters 
reported  that  they  have  been  unable  to  hold  meetings  in  public  spaces  and  that 
their  members  have  suffered  government  reprisals — including  temporary  unemploy- 
ment— for  their  human  rights  activities. 

In  April  human  rights  activist  Radhia  Nasraoui  alleged  that  security  officials  bur- 
glarized and  ransacked  her  law  office.  The  office's  sole  computer,  three  telephones, 
and  an  electric  heater  were  stolen  and  Nasraoui's  legal  files  were  torn  apart  and 
strewn  on  the  floor.  The  Government  maintained  that  the  burglary  was  conducted 
by  two  youths  with  previous  criminal  records  and  that  they  were  convicted  for  the 
break-in  on  June  19  and  August  14,  respectively. 

In  May  LTDH  vice  President  Slaheddine  Jourchi  was  fired  from  his  editorial  posi- 
tion at  the  independent  political  review  Realites.  Althou^  the  Government  main- 
tained that  the  review  was  an  independent  entity  and  not  subject  to  government 
control,  many  activists  alleged  that  Jourchi  was  fired  as  a  result  of  his  controversial 
position  as  LTDH  vice  president. 

In  June  the  Government  reportedly  pressured  members  of  the  LTDH  not  to  at- 
tend hearings  that  the  European  Parliament  had  scheduled  in  Strasbourg  on  the 
human  rights  situation  in  Tunisia.  Only  Radhia  Nasraoui  attempted  to  leave  the 
country  to  testify  at  the  hearings;  security  officials  prevented  her  from  leaving  the 
country  to  do  so. 

Following  the  testimony  of  Khemais  Chammari  at  the  European  Parliament  hear- 
ings in  June,  the  press  conducted  a  campaign  of  criticism  of  Chammari  through 
much  of  the  summer,  labeling  him  a  traitor  in  articles  and  letters.  Many  human 
rights  activists  alleged  that  the  articles  and  letters  were  prompted  by  the  Govern- 
ment, a  charge  that  the  Government  denied.  In  September  one  newspaper  criticized 
Chammari  and  Saadoun  Zmerli,  another  LTDH  activist,  for  their  testimony  before 
the  U.N.  Human  Rights  Commission  in  Geneva. 

Human  rights  activists  Moncef  Marzouki  and  Khemais  Ksila  claimed  that  they 
suffered  government  retaliation  for  their  human  rights  activism.  Marzouki  alleged 
that  the  Government  continued  to  withhold  his  passport  and  deny  him  permission 
to  receive  and  treat  patients  at  his  medical  practice.  Ksila  claimed  that  the  Govern- 
ment denied  him  permission  to  work  and  withheld  his  passport.  Although  the  Gov- 
ernment did  not  comment  on  Marzouki's  charges,  it  maintained  that  Ksila  was  de- 
nied his  passport  correctly  due  to  his  previous  criminal  conviction  in  a  traffic  acci- 
dent. 

The  Arab  Institute  for  Human  Rights,  headquartered  in  Tunis,  was  founded  in 
1989  by  the  LTDH,  the  Arab  Organization  for  Human  Rights,  and  the  Union  of 
Arab  Lawyers.  It  is  an  information,  rather  than  an  advocacy,  organization. 

Amnesty  International  (AI)  continued  to  maintain  a  Tunisian  chapter.  Its  mem- 
bers complained  that  the  Tunis  office  suffered  repeated  loss  of  telephone  and  fac- 
simile service.  Hechmi  Jegham,  the  president  oi  the  chapter,  was  detained  and 


1585 

questioned  by  police  on  March  8  and  9,  reportedly  about  an  upcoming  international 
lawyers  conference  to  which  he  had  been  invited.  The  Government  maintained  that 
Jegham  and  two  other  citizens  who  are  not  members  of  AI  were  detained  in  full 
accordance  with  the  law  for  maintenance  of  public  order,  which  permits  the  Govern- 
ment to  question  citizens  about  conferences  that  are  scheduled  to  include  foreign 
participants.  The  Government  continued  to  deny  entry  to  a  London-based  AI  re- 
searcher responsible  for  Tunisian  affairs,  claiming  that  she  has  an  anti-Tunisia  bias. 

Although  the  Government  permitted  a  few  foreign  human  rights  researchers  to 
enter  the  country,  all  reported  that  the  security  services  closely  monitored  their  ac- 
tivities. In  May  the  Government  permitted  representatives  of  international  human 
rights  organizations  to  address  the  Human  Rights  Committee  of  the  Arab  Lawyers 
Congress  and  to  circulate  freely  among  the  Congress'  participants  (see  Sections  2.a 
and  2.b.). 

Human  rights  offices  in  certain  ministries  and  a  governmental  body,  the  Higher 
Committee  for  Human  Rights  and  Basic  Freedoms,  address  and  sometimes  resolve 
human  rights  complaints.  The  Committee's  last  publicly  distributed  report  covered 
the  1993-1994  period. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  that  all  citizens  shall  have  equal  rights  and  responsibil- 
ities and  be  equal  under  the  law.  The  Government  generally  observes  this  in  prac- 
tice. Legal  or  social  discrimination  is  not  prevalent. 

Women. — Violence  against  women  occurs,  but  there  are  no  reliable  statistics  to 
measure  its  extent.  The  Tunisian  Association  of  Democratic  Women  operates  the 
country's  only  counseling  center  for  women  who  are  victims  of  domestic  violence. 
The  center,  located  in  Tunis,  assists  approximately  20  women  per  month.  Instances 
of  rape  or  assault  by  someone  unknown  to  the  victim  are  rare.  Battered  women  first 
seek  help  from  family  members.  Police  intervention  is  often  ineffective  because  po- 
lice officers  and  the  courts  tend  to  regard  domestic  violence  as  a  problem  to  be  han- 
dled by  the  family.  Nonetheless,  there  are  stiff  penalties  for  spouse  abuse.  Both  the 
fine  and  imprisonment  for  battery  or  violence  committed  by  a  spouse  or  family  mem- 
ber are  double  those  for  the  same  crimes  committed  by  an  individual  not  related 
to  the  victim. 

Women  enjoy  substantial  rights  and  the  Government  has  made  serious  efforts  to 
advance  those  rights.  A  1996  law,  for  example,  strengthened  women's  right  to  prop- 
erty ownership  by  authorizing  joint  loan  applications  and  encouraging  discussion 
prior  to  marriage  of  the  possibility  of  joint  ownership  of  property  acquired  during 
the  marriage.  The  Government  also  encouraged  couples  to  include  language  concern- 
ing joint  property  in  their  marriage  contracts,  and  liberalized  certain  family  allow- 
ances to  students  and  orphans.  Nonetheless,  women  still  face  legal  and  societal  dis- 
crimination in  certain  social  and  economic  areas  and  in  employment.  In  spite  of  the 
Government's  efforts  to  change  property  ownership  practices,  most  property  ac- 
quired during  marriage,  including  property  acquired  solely,  is  still  held  in  the  name 
of  the  husband.  Inheritance  laws,  based  on  Shari'a  (Islamic)  law  and  tradition,  dis- 
criminate against  women. 

The  junior  Ministry  for  Women  and  the  Family  oversees  programs  concerning 
women  s  issues.  It  maintains  effective  links  with  women's  professional  associations 
and  with  the  government-supported  Women's  Union  and  Women's  Research  Center. 

Women  in  increasing  numbers  are  entering  the  work  force,  employed  particularly 
in  the  textile,  manufacturing,  health,  and  agricultural  sectors.  According  to  govern- 
ment statistics  for  1995,  women  constituted  22  percent  of  the  work  force;  excluding 
the  agricultural  sector,  they  accounted  for  44  percent.  Women  represent  42.9  per- 
cent of  workers  in  the  industrial  sector  and  46.1  percent  of  workers  in  the  health 
sector.  There  are  an  estimated  1,500  businesses  neaded  by  women.  Women  rep- 
resent one  third  of  the  civil  service,  employed  primarily  in  the  fields  of  health,  edu- 
cation, and  social  affairs  at  the  middle  or  lower  levels.  Women  represent  60  percent 
of  all  judges  in  the  capital  and  25  percent  of  the  nation's  total  jurists.  Approximately 
43  percent  of  the  university  students  enrolled  in  the  1996-97  academic  year  were 
women.  On  the  other  hand,  while  the  rate  of  illiteracy  has  dropped  markedly  in 
both  rural  and  urban  areas,  the  rate  of  female  illiteracy  in  all  categories  is  at  least 
double  that  of  men.  Among  10-  to  14-year-old  children,  5.5  percent  of  urban  girls 
are  illiterate,  compared  with  2.2  percent  of  urban  boys;  and  27  percent  of  rural  girls, 
compared  with  less  than  7  percent  of  rural  boys. 

Several  active  nongovernmental  organizations  (NGO's)  focus,  in  whole  or  in  part, 
on  women's  advocacy,  or  research  women's  issues,  and  a  cadre  of  attorneys  rep- 
resent women  in  domestic  cases.  Media  attention  focuses  on  women's  economic  and 


1586 

academic  accomplishments,  and  usually  omits  reference  to  culturally  sensitive  is- 
sues. 

Children. — The  Government  demonstrates  a  strong  commitment  to  public  edu- 
cation, which  is  compulsory  until  age  16.  Primary  school  enrollment  for  the  1996- 
97  scholastic  year  was  roughly  the  same  as  the  preceding  year;  secondary  school  en- 
rollment showed  an  8  percent  increase.  The  Government  reported  that  98  percent 
of  children  attend  school  full-time.  The  Government  offers  a  maternal  and  child 
health  program,  providing  pre-  and  post-natal  services.  It  sponsors  an  immunization 

Srogram  targeting  preschool-aged  children,  and  reports  that  over  95  percent  of  chil- 
ren  are  vaccinated. 

In  1995  the  Government  promulgated  laws  to  constitute  a  code  for  the  protection 
of  children.  The  code  proscribes  child  abuse,  abandonment,  and  sexual  or  economic 
exploitation.  Penalties  for  convictions  for  abandonment  and  assault  on  minors  are 
severe.  There  is  a  Ministry  for  Children  and  Youths  and  a  presidential  delegate  to 
safeguard  the  rights  and  welfare  of  children. 

People  With  Disabilities. — The  law  prohibits  discrimination  based  on  disability 
and  mandates  that  at  least  1  percent  of  the  public  and  private  sector  jobs  be  re- 
served for  the  disabled. 

All  public  buildings  constructed  since  1991  must  be  accessible  to  physically  dis- 
abled persons.  Many  cities,  including  the  capital,  have  begun  to  install  wheelchair 
access  ramps  on  city  sidewalks.  There  is  a  general  trend  toward  making  public 
transportation  more  accessible  to  disabled  persons.  The  Government  issues  special 
cards  to  the  disabled  for  benefits  such  as  unrestricted  parking,  priority  medical  serv- 
ices, preferential  seating  on  public  transportation,  and  consumer  discounts. 

Indigenous  People. — The  Government  estimates  that  a  small  Berber  minority  con- 
stitutes less  than  3  percent  of  the  population.  Some  older  Berbers  have  retained 
their  native  language,  but  the  younger  generation  has  been  assimilated  into  Tuni- 
sian culture  through  schooling  and  marriage.  Berbers  are  free  to  participate  in  poli- 
tics and  to  express  themselves  culturally. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  and  the  Labor  Code  stipulate  the 
right  of  workers  to  form  unions.  The  Tunisian  General  Federation  of  Labor  (UGTT) 
is  the  country's  only  labor  federation  and  claims  about  15  percent  of  the  work  force 
as  members,  including  civil  servants  and  employees  of  state-owned  enterprises. 
There  is  no  legal  prohibition  against  the  establishment  of  other  labor  federations. 
A  union  may  be  dissolved  only  by  court  order. 

The  UGTT  and  its  member  unions  are  legally  indef)endent  of  the  Government  and 
the  ruling  party  but  operate  under  regulations  that  restrict  their  freedom  of  action. 
The  UGTTs  membership  includes  persons  associated  with  all  political  tendencies, 
although  Islamists  have  been  removed  from  union  ofTices.  The  current  UGTT  leader- 
ship follows  a  policy  of  cooperation  with  the  Government  and  its  economic  reform 
program.  There  are  credible  reports  that  the  UGTT  receives  substantial  government 
subsidies  to  supplement  modest  union  dues  and  funding  from  the  National  Social 
Security  Account.  In  April  authorities  arrested  four  UGTT  members  who  signed  a 
petition  that  criticized  tne  UGTT  secretary  general  (see  Section  2. a.). 

Unions,  including  those  representing  civil  servants,  have  the  right  to  strike,  pro- 
vided they  give  10  days'  advance  notice  to  the  UGTT  and  it  approves  of  the  strike. 
This  advance  approval,  however,  is  rarely  sought  in  practice.  In  recent  years,  the 
majority  of  strilces  have  been  illegal  because  the  UGTT  has  not  approved  them  in 
advance.  However,  the  Government  has  not  prosecuted  workers  for  illegal  strike  ac- 
tivity. The  International  Confederation  of  Free  Trade  Unions  (ICFTU)  has  charac- 
terized the  requirement  for  prior  UGTT  approval  of  strikes  as  a  violation  of  worker 
rights.  The  law  prohibits  retribution  against  strikers,  but  some  employers  punish 
them  nevertheless,  forcing  the  strikers  to  pursue  costly  and  time-consuming  legal 
remedies  to  protect  their  rights. 

Labor  disputes  are  settled  through  conciliation  panels  in  which  labor  and  manage- 
ment are  equally  represented.  Tripartite  regional  arbitration  commissions  settle  in- 
dustrial disputes  when  conciliation  fails. 

Unions  are  free  to  associate  with  international  bodies. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  right  to  organize  and 
bargain  collectively  is  protected  by  law  and  observed  in  practice.  Wages  and  working 
conditions  are  set  by  triennial  negotiations  between  the  UGTT  member  unions  and 
employers. 

Forty-seven  collective  bargaining  agreements  set  standards  for  industries  in  the 
private  sector  and  cover  80  percent  of  the  total  private  sector  work  force.  Each  ac- 
cord is  negotiated  by  representatives  of  unions  and  employers  in  the  area  it  covered. 
The  Government's  role  in  these  negotiations  is  minimal,  consisting  mainly  of  lend- 


1587 

ing  its  good  offices  if  talks  appear  to  be  stalled.  However,  the  Government  must  ap- 
prove, but  may  not  modify,  the  agreements.  When  approved,  the  agreements  set 
standards  for  all  employees,  both  union  and  nonunion,  in  the  areas  they  cover. 

The  UGTT  also  negotiates  wages  and  work  conditions  of  civil  servants  and  em- 
ployees of  state-owned  enterprises. 

The  law  prohibits  antiunion  discrimination  by  employers.  The  UGTT,  however,  is 
concerned  about  antiunion  activity  among  private  sector  employers,  especially  the 
firing  of  union  activists  and  the  use  of  temporary  workers  to  avoid  unionization.  In 
certain  industries,  such  as  textiles  and  construction,  temporary  workers  account  for 
a  large  majority  of  the  work  force.  The  Labor  Code  protects  temporary  workers,  but 
enforcement  is  more  difficult  than  in  the  case  of  permanent  workers.  A  committee 
chaired  by  an  officer  from  the  Labor  Inspectorate  of  the  Office  of  the  Inspector  Gen- 
eral of  the  Ministry  of  Social  Affairs,  and  including  a  labor  representative  and  an 
employers'  association  representative,  approves  all  worker  dismissals. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Tunisia  abolished  compulsory 
labor  in  1989.  The  law  now  prohibits  forced  or  compulsory  labor  by  either  adults 
or  children  and  it  is  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  forced  and  bonded  child  labor,  and  the  Government  enforces  this  prohibi- 
tion effectively  (see  Section  6.c.).  The  minimum  age  for  employment  in  manufactur- 
ing is  16  years.  The  minimum  age  for  light  work  in  agriculture  and  some  other  non- 
industrial  sectors  is  13  years.  Tne  law  also  requires  children  to  attend  school  untU 
age  16.  Workers  between  the  ages  of  14  and  18  must  have  12  hours  of  rest  a  day, 
which  include  the  hours  between  10  p.m.  and  6  a.m.  Children  between  14  and  16 
may  work  no  more  than  2  hours  a  day.  The  total  time  that  they  spend  in  school 
and  work  may  not  exceed  7  hours  per  day.  Inspectors  of  the  Ministry  of  Social  Af- 
fairs examine  the  records  of  employees  to  verify  that  employers  comply  with  the 
minimum  age  law.  Nonetheless,  young  children  often  perform  agricultural  work  in 
rural  areas  and  work  as  vendors  in  urban  areas,  primarily  during  the  summer  vaca- 
tion from  school. 

The  UGTT  has  expressed  concern  that  child  labor  continues  to  exist  disguised  as 
apprenticeship,  particularly  in  the  handicraft  industry,  and  in  the  cases  of  young 
girls  whose  families  place  them  as  household  domestics  in  order  to  collect  their 
wages. 

e.  Acceptable  Conditions  of  Work. — The  Labor  Code  provides  for  a  range  of  admin- 
istratively determined  minimum  wages,  which  are  set  by  a  commission  of  represent- 
atives from  the  Ministries  of  Social  Affairs,  Planning,  Finance,  and  National  Econ- 
omy in  consultation  with  the  UGTT  and  the  employers'  association.  The  President 
approves  the  commission's  recommendations.  The  minimum  wage  schedule  was  ad- 
justed in  August  and  in  November.  After  the  second  increase,  the  industrial  mini- 
mum wage  is  $155  (170  dinars)  per  month  for  a  48-hour  workweek  and  $136  (149 
dinars)  per  month  for  a  40-hour  workweek.  The  agricultural  minimum  wage  is  $4.74 
(5.20  dinars)  per  day.  When  supplemented  by  transportation  and  family  allowances, 
the  minimum  wage  covers  only  essential  costs  for  a  worker  and  family. 

The  Labor  Code  sets  a  standard  48-hour  workweek  for  most  sectors  and  requires 
one  24-hour  rest  period. 

Regional  labor  inspectors  are  responsible  for  enforcing  standards.  They  inspect 
most  firms  about  once  every  2  years.  However,  the  Government  often  encounters  dif- 
ficulty in  enforcing  the  minimum  wage  law,  particularly  in  nonunionized  sectors  of 
the  economy.  Moreover,  more  than  240,000  workers  are  employed  in  the  informal 
sector,  which  falls  outside  the  purview  of  labor  legislation. 

The  Ministry  of  Social  Affairs  has  responsibility  for  enforcing  health  and  safety 
standards  in  the  workplace.  There  are  special  government  regulations  covering  such 
hazardous  occupations  as  mining,  petroleum  engineering,  and  construction.  Working 
conditions  and  standards  tend  to  be  better  in  firms  that  are  export-oriented  than 
in  those  producing  exclusively  for  the  domestic  market.  Workers  are  free  to  remove 
themselves  from  dangerous  situations  without  jeopardizing  their  employment,  and 
they  may  take  legal  action  against  employers  who  retaliate  against  them  for  exercis- 
ing this  right. 


UNITED  ARAB  EMIRATES 

The  United  Arab  Emirates  (UAE)  is  a  federation  of  seven  Emirates  established 
in  1971.  None  has  any  democratically  elected  institutions  or  political  parties.  Each 
emirate  retains  control  over  its  own  oil  and  mineral  wealth  and  some  aspects  of  de- 
fense and  internal  security,  although  the  Federal  Government  asserts  primacy  in 


1588 

most  matters  of  law  and  government.  Traditional  rule  in  the  emirates  has  generally 
been  patriarchal,  with  political  allegiance  defined  in  terms  of  loyalty  to  the  tribal 
leaders. 

Political  leaders  in  the  emirates  are  not  elected,  but  citizens  may  express  their 
concerns  directly  to  their  leaders  via  traditional  mechanisms,  such  as  the  open 
majlis,  or  council.  In  accordance  with  the  1971  Constitution,  the  seven  emirate  rul- 
ers constitute  a  Federal  Siopreme  Council,  the  highest  legislative  and  executive 
body.  The  Council  selects  a  President  and  Vice  President  from  its  membership;  the 
President  in  turn  appoints  the  Prime  Minister  and  Cabinet.  The  Constitution  pro- 
vides that  the  Council  meets  annually,  although  individual  leaders  meet  frequently 
in  more  traditional  settings.  The  Cabinet  manages  the  Federation  on  a  day-to-day 
basis.  The  judiciary  generally  is  indep>endent,  but  its  decisions  are  subject  to  review 
by  the  political  leadership. 

Each  emirate  maintains  its  own  police  force,  but  only  the  Federal  Government 
and  the  Emirate  of  Dubai  have  independent  internal  security  organizations. 

The  UAE  has  a  free  market  economy  based  on  oil  and  gas  production,  trade,  and 
light  manufacturing.  The  Government  owns  the  majority  share  of  the  petroleum 

f>roduction  enterprise  in  the  largest  emirate,  Abu  Dhabi.  The  Emirate  of  Dubai  is 
ikewise  an  oil  producer,  as  well  as  a  growing  financial  and  commercial  center  in 
the  Gulf.  The  remaining  five  emirates  have  negligible  petroleum  or  other  resources 
and  therefore  dejjend  in  varying  degrees  on  federal  government  subsidies,  particu- 
larly for  basic  services  such  as  health  care,  electricity,  water,  and  education.  The 
economy  provides  citizens  with  a  high  per  capita  income,  but  it  is  heavily  dependent 
on  foreign  workers,  who  comprise  at  least  80  jjercent  of  the  general  population. 

The  Government  continued  to  restrict  human  rights  in  a  number  of  areas;  e.g., 
denial  of  the  right  of  citizens  to  change  their  government,  the  right  to  a  speedy  trial, 
and  limitations  on  the  freedoms  of  speech,  press,  assembly,  association,  and  worker 
rights.  Women  continue  to  make  progress  in  education  and  in  the  work  force,  but 
some  types  of  discrimination  persist.  The  press  continued  to  avoid  direct  criticism 
of  the  Government  and  exercised  self-censorship. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
There  were  no  reports  of  torture.  The  Constitution  prohibits  torture  or  degrading 
treatment.  There  are  consistent  but  unconfirmed  reports  from  foreign  prisoners  of 
beatings  and  coerced  confessions  by  police  during  the  initial  detention.  The  Govern- 
ment has  conducted  internal  investigations  of  these  reports.  These  inquiries  found 
the  reports  to  be  groundless.  Shari'a  courts  frequently  impose  flogging  (except  in 
Dubai)  on  Muslims  found  guilty  of  adultery,  prostitution,  and  drug  and  alcohol 
abuse.  In  practice,  flogging  is  administered  in  accordance  with  Shari'a  so  as  to  pre- 
vent major  or  permanent  injuries.  The  individual  administering  the  lashing  tradi- 
tionally nolds  a  Koran  under  the  arm  and  swings  the  whip  using  the  forearm  only. 
According  to  press  accounts,  punishments  for  adultery  and  prostitution  have  ranged 
from  39  to  200  lashes.  Individuals  convicted  of  drunkenness  have  been  sentenced 
to  80  lashes. 

The  Federal  Supreme  Court  ruled  in  1993  that  convictions  in  the  Shari'a  courts 
do  not  necessarily  require  the  imposition  of  Shari'a  penalties  on  non-Muslims,  but 
sentences  have  been  carried  out  in  a  few  cases. 

No  amputations  were  known  to  have  been  carried  out. 

In  central  prisons  holding  long-term  inmates,  cells  may  house  more  prisoners 
than  they  were  designed  for.  Prisoners  are  provided  with  food,  medical  care,  and 
adequate  sanitation  facilities,  but  sleep  on  slabs  built  into  the  cell  walls,  with  a 
blanket  under  them  and  a  second  covering  them.  The  central  prisons  are  not  air- 
conditioned  during  the  intense  heat  and  humidity  of  the  summer.  The  Government 
plans  to  install  air  conditioning.  Currently,  prisoners  with  medical  conditions  are 
placed  in  air  conditioned  rooms  during  the  summer  months.  Prisoners  not  under  in- 
vestigation and  not  involved  in  drug  cases  may  receive  visitors  up  to  three  times 
each  week  and  may  also  make  occasional  telephone  calls. 

The  Government  does  not  permit  independent  monitoring  of  prison  conditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  prohibits  arrest,  search, 
detention,  or  imprisonment  except  in  accordance  with  the  law.  The  laws  of  each 
emirate  prohibit  arrest  or  search  without  probable  cause. 


1589 

Under  the  Criminal  Procedures  Code,  the  police  must  report  arrests  within  48 
hours  to  the  Attorney  General,  who  must  determine  within  the  next  24  hours 
whether  to  charge,  release,  or  order  further  detention  pending  an  investigation.  The 
Attorney  General  may  order  detainees  held  for  up  to  21  days  without  charge.  After 
that  time,  the  authorities  must  obtain  a  court  order  for  further  detention  without 
charge. 

Although  the  code  does  not  specify  a  right  to  a  speedy  trial,  authorities  bring  de- 
tainees to  trial  in  reasonable  time.  Trials  may  last  a  substantial  period  of  time,  de- 
pending on  the  seriousness  of  the  charges,  number  of  witnesses,  and  availability  of 
judges.  There  is  no  formal  system  of  bail,  but  the  authorities  may  temporarily  re- 
lease detainees  who  deposit  money  or  an  important  document  such  as  a  passport. 
The  law  permits  incommunicado  detention,  but  there  is  no  evidence  that  it  is  prac- 
ticed. Defendants  in  cases  involving  loss  of  life,  including  involuntary  manslaughter, 
may  be  denied  release  in  accordance  with  the  local  custom  of  protecting  the  defend- 
ant from  the  victim's  aggrieved  family.  Bail  is  usually  permitted,  however,  after 
payment  of  "diya",  i.e.,  financial  compensation  paid  for  death  or  injury  cases. 

Review  of  criminal  cases  by  the  ofiice  of  the  President  in  Abu  Dhabi  and  bureau- 
cratic delay  in  processing  prisoners  or  release  sometime  result  in  detainees  serving 
additional,  unnecessary  time  in  the  central  prisons.  In  one  case  involving  fornication 
charges  in  a  Christian-Muslim  marriage,  the  prisoner  remained  incarcerated  for 
several  months  after  he  had  completed  his  court-mandated  sentence. 

The  Constitution  prohibits  exile,  and  it  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  the  independence 
of  the  judiciary,  but  its  decisions  are  subject  to  review  by  the  political  leadership. 

There  is  a  dual  system  of  Shari'a  (Islamic)  and  civil  (secular)  courts.  The  civil 
courts  are  generally  part  of  the  federal  system  and  are  answerable  to  the  Federal 
Supreme  Court,  located  in  Abu  Dhabi,  which  has  the  power  of  judicial  review  as 
well  as  original  jurisdiction  in  disputes  between  emirates  or  between  the  Federal 
Government  and  individual  emirates.  Courts  and  other  parts  of  the  judicial  system 
in  the  Emirate  of  Dubai  tend  to  maintain  independence  from  the  federal  system. 

The  Shari'a  courts  are  administered  by  eacn  emirate  but  are  also  answerable  to 
the  Federal  Supreme  Court.  In  1994  the  President  decreed  that  the  Shari'a  courts, 
and  not  the  civil  courts,  would  have  the  authority  to  try  almost  all  types  of  criminal 
cases.  The  decree  did  not  affect  the  emirates  of  Dubai,  Umm  Al-Qaiwain,  and  Ras 
Al-Khaimah  which  have  lower  courts  independent  of  the  federal  system. 

Le^al  counsel  may  represent  defendants  in  both  court  systems.  Under  the  new 
Criminal  Procedures  Coae,  the  accused  has  a  right  to  counsel  in  all  cases  involving 
a  capital  crime  or  possible  life  imprisonment.  Only  the  Emirate  of  Dubai  has  a  pub- 
lic defender's  ofiice.  If  the  defendant  is  indigent,  the  Government  will  provide  coun- 
sel. In  Dubai,  however,  the  Government  provides  indigents  counsel  only  in  felony 
cases.  The  Supreme  Court  ruled  in  1993  that  a  defendant  in  an  appeals  case  has 
a  "fundamental  right"  to  select  his  attorney  and  that  this  right  supersedes  a  judge's 
power  to  appoint  an  attorney  for  the  defendant. 

The  right  to  legal  counsel  is  interpreted  to  mean  that  the  accused  has  access  to 
an  attorney  only  after  the  police  have  completed  their  investigation.  Thus,  the  police 
can  question  accused  persons — sometimes  for  days  or  weeks,  as  in  narcotics  cases — 
without  the  benefit  of  legal  counsel. 

Defendants  are  presumed  innocent  until  proven  guilty.  There  are  no  jury  trials. 
A  single  judge  normally  renders  the  verdict  in  each  case,  whether  in  Shari'a  or  civil 
courts;  three  judges  sit  for  Dubai  felony  cases.  All  trials  are  public,  except  national 
security  cases  and  those  deemed  by  the  judge  likely  to  harm  public  morality.  Most 
judges  are  foreign  nationals,  primarily  from  other  Arab  countries;  however,  the  Min- 
istry of  Justice  has  trained  some  UAL  citizens  as  judges  and  prosecutors. 

Each  court  system  has  an  appeal  process.  Death  sentences  may  be  appealed  to 
the  ruler  of  the  emirate  in  whicn  the  offense  was  committed  or  to  the  President  of 
the  Federation.  Non-Muslims  tried  for  criminal  ofienses  in  Shari'a  courts  may  re- 
ceive civil  penalties  at  the  discretion  of  the  judge.  Shari'a  penalties  imposed  on  non- 
Muslims  may  be  overturned  or  modified  by  a  higher  court. 

The  Ofiice  of  the  President  in  Abu  Dhabi  Emirate  (also  known  as  the  Diwan),  fol- 
lowing the  traditional  prerogatives  of  a  local  ruler,  maintains  the  practice  of  review- 
ing many  tyj)es  of  criminal  and  civil  offenses  (such  as  alcohol  use,  drug-related 
cases,  firearm  use,  cases  involving  personal  injury,  and  cases  affecting  tribal  har- 
mony) before  cases  are  released  to  the  prosecutor's  ofiice.  The  Diwan  also  reviews 
sentences  passed  by  judges  and  reserves  the  right  to  return  cases  to  the  courts  on 
appeal.  The  Diwan  s  involvement  leads  to  long  delays  prior  to  and  following  the  ju- 
dicial process,  causing  prisoners  to  remain  in  prison  after  they  have  completed  their 
sentence.  Although  there  are  reports  of  intervention  by  other  emirates'  rulers  in  spe- 
cific cases  of  personal  interest,  it  does  not  appear  to  be  done  routinely. 


1590 

The  military  has  its  own  court  system  based  on  Western  military  judicial  practice. 
Military  tribunals  try  only  military  personnel.  There  is  no  separate  national  security 
court  system.  In  Dubai  convicted  criminals  are  eligible  for  executive  pardon,  often 
based  on  humanitarian  grounds,  once  they  have  served  at  least  half  of  their  sen- 
tence. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Constitution  prohibits  entry  into  homes  without  the  owner's  permission,  except  in 
accordance  with  the  law.  Although  the  police  may  enter  homes  without  a  warrant 
and  without  demonstrating  probable  cause,  an  officer's  actions  in  searching  prem- 
ises are  subject  to  review,  and  he  is  subject  to  disciplinary  action  if  he  acts  irrespon- 
sibly. Officials  other  than  a  police  officer  must  have  a  court  order  to  enter  a  private 
home.  Local  custom  and  practice  place  a  high  value  on  privacy,  and  entry  into  pri- 
vate homes  without  the  owner's  permission  is  rare.  There  is  no  known  surveillance 
of  private  correspondence.  However,  foreigners  have  received  sealed  publications, 
such  as  magazines,  through  the  international  mail  in  which  unprovocative  pictures 
of  the  naked  human  figure  have  been  blackened  over  with  a  marking  pen. 

Family  law  for  Muslims  is  governed  by  Shari'a  law  and  the  local  Shari'a  courts. 
As  such,  Muslim  women  are  forbidden  to  marry  non-Muslims.  During  1996-97,  in 
a  case  of  a  marriage  between  a  Muslim  woman  and  a  Christian  man,  the  bride's 
family  filed  a  complaint  against  the  groom  resulting  in  his  arrest.  The  respjonsible 
Shari'a  court  declared  the  union  as  illicit  and  the  Christian  man  was  convicted  of 
fornication  and  sentenced  to  1  year's  imprisonment  and  39  lashes.  He  was  eventu- 
ally released  after  having  served  several  months  in  excess  of  his  sentence.  The  lash- 
ing was  not  carried  out. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Although  the  Constitution  provides  for  freedom 
of  speech,  most  people,  especially  foreign  nationals,  refrain  from  criticizing  the  Gov- 
ernment in  public.  All  published  material  is  subject  to  Federal  Law  15  of  1988, 
which  stipulates  that  all  publications,  whether  books  or  periodicals,  should  be  li- 
censed by  the  Ministry  of  Education.  It  also  governs  content  and  contains  a  list  of 
proscribed  subjects.  Mindful  of  these  provisions,  journalists  censor  themselves  when 
reporting  on  government  policy,  the  ruling  families,  national  security,  religion,  and 
relations  with  neighboring  states. 

Many  of  the  local  English  and  Arabic  language  newspapers  are  privately  owned 
but  receive  government  subsidies.  Foreign  publications  are  routinely  subjected  to 
censorship  before  distribution. 

All  television  and  radio  stations  are  government  owned  and  conform  to  govern- 
ment reporting  guidelines.  Satellite  receiving  dishes  are  widespread  and  provide  ac- 
cess to  international  broadcasts  without  apparent  censorship.  Censors  at  the  Min- 
istry of  Information  and  Culture  review  imported  newspapers,  periodicals,  books, 
films,  and  videos  and  ban  any  material  considered  pornographic,  violent,  derogatory 
to  Islam,  favorable  to  Israel,  unduly  critical  of  friendly  countries,  or  critical  of  the 
Government  or  the  ruling  families. 

The  unwritten  but  generally  recognized  ban  on  criticism  of  the  Government  also 
restricts  academic  freedom,  although  in  recent  years  academics  have  been  more 
open  in  their  criticism. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — These  freedoms  are  tightly  re- 
stricted. Organized  public  gatherings  require  a  government  permit.  Each  emirate 
determines  its  own  practice  on  public  gatherings.  Some  emirates  are  relatively  toler- 
ant of  seminars  and  conferences  on  sensitive  subjects. 

Citizens  normally  confine  their  political  discussions  to  the  numerous  gatherings 
or  majlis,  held  in  private  homes.  There  are  no  restrictions  on  such  gatherings.  How- 
ever, private  associations  must  follow  the  Government's  censorship  guidelines  if 
they  publish  any  material.  Unauthorized  political  organizations  are  prohibited. 

c.  Freedom  of  Religion. — Islam  is  the  official  religion  of  all  the  emirates.  Citizens 
are  predominantly  Sunni  Muslims,  but  Shi'a  Muslims  are  also  free  to  worship  and 
maintain  mosques.  In  1993  the  Emirate  of  Dubai  placed  private  mosques  under  the 
control  of  its  Department  of  Islamic  AfTairs  and  Endowments.  This  move  gave  the 
Gk)vemment  control  over  the  appointment  of  preachers  and  the  conduct  of  their 
work.  Throughout  the  emirates,  most  mosques  are  government  funded  or  subsidized, 
and  the  Ministry  of  Awqaf  and  Religious  Affairs  ensures  that  clergy  do  not  deviate 
from  approved  topics  in  their  sermons. 

Non-Muslims  are  free  to  practice  their  religion  but  may  not  proselytize  publicly 
or  distribute  religious  literature.  Major  cities  have  Christian  churches  and  Hindu 
and  Sikh  temples,  some  built  on  land  donated  bv  the  ruling  families.  Other  religious 
communities  (mostly  expatriates  residing  in  Dubai  and  Abu  Dhabi)  include  Ismailis, 


1591 

Parsis,  and  Iranian  Baha'is.  The  Government  permits  foreign  clergy  to  minister  to 
expatriate  congregations.  Non-Muslim  religious  groups  are  permitted  to  engage  in 
private  charitaole  activities  and  to  send  their  children  to  private  schools. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— There  are  no  limitations  on  freedom  of  movement  or  relocation  within 
the  country,  except  for  security  areas  such  as  defense  and  oil  installations. 

Unrestricted  foreign  travel  and  emigration  are  permitted  to  male  citizens  except 
those  involved  in  financial  disputes  under  adjudication.  A  husband  may  bar  his  wife 
and  children  from  leaving  the  country.  All  citizens  have  the  right  to  return.  There 
is  a  small  population  of  stateless  residents,  many  of  whom  have  lived  in  the  UAE 
for  more  than  one  generation.  They  are  Bedouins  or  the  descendants  of  Bedouins 
who  are  unable  to  prove  that  they  are  of  UAE  origin.  There  is  no  formal  procedure 
for  naturalization,  although  foreign  women  receive  citizenship  by  marriage  to  a 
UAE  citizen,  and  anyone  may  receive  a  passport  by  presidential  fiat.  Because  they 
are  not  of  the  original  UAE  tribal  groups,  naturalized  citizens  can  have  their  pass- 
ports and  citizenship  status  revoked  for  criminal  or  politically  provocative  actions. 
It  is  believed  that  such  revocations  are  rare. 

Citizens  are  not  restricted  in  seeking  or  changing  employment.  However,  foreign 
nationals  in  specific  occupations,  primarily  professional,  may  not  change  employers 
without  first  leaving  the  country  for  6  months.  During  1997,  in  an  effort  to  liberalize 
employment  regulations,  the  Federal  Gk)vernment  removed  the  6-month  ban  from 
some  of  these  professions.  Foreign  nationals  involved  in  disputes  with  UAE  citizen 
employers  can  be  blacklisted  by  the  employer  with  UAE  immigration  authorities,  ef- 
fectively preventing  their  return. 

The  Government  has  not  formulated  a  formal  policy  regarding  refugees,  asylees, 
or  first  asylum.  It  may  detain  persons  seeking  refugee  status,  particularly  non- 
Arabs,  while  they  await  resettlement  in  a  third  country. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

There  are  no  democratically  elected  institutions,  and  citizens  do  not  have  the 
right  to  change  their  government  or  to  form  political  parties.  Although  there  are 
consultative  councils  at  the  federal  and  emirate  levels,  most  executive  and  legisla- 
tive power  is  in  the  hands  of  the  Federal  Supreme  Council.  The  seven  emirate  rul- 
ers, their  extended  families,  and  those  persons  and  families  to  whom  they  are  allied 
by  historical  ties,  marriage,  or  common  interest  wield  most  political  power  in  their 
own  emirates.  Decisions  at  the  federal  level  are  generally  made  by  consensus  of  the 
sheiks  of  the  seven  emirates  and  leading  families. 

A  federal  consultative  body,  called  the  Federal  National  Council  (FNC),  consists 
of  advisers  appointed  by  the  rulers  of  each  emirate.  The  FNC  has  no  legislative  au- 
thority but  may  question  ministers  and  make  policy  recommendations  to  the  Cabi- 
net. Its  sessions  are  usually  open  to  the  public. 

The  choice  of  a  new  emirate  ruler  falls  to  the  ruling  family  in  consultation  with 
other  prominent  tribal  figures.  By  tradition,  rulers  and  ruling  families  are  presumed 
to  have  the  right  to  rule,  but  their  incumbency  ultimately  depends  on  the  quality 
of  their  leadership  and  their  responsiveness  to  their  subjects'  needs.  Emirate  rulers 
are  accessible,  in  varying  degrees,  to  citizens  who  have  a  problem  or  a  request. 

Tradition  rather  than  law  nas  limited  the  political  role  of  women.  Women  are  free 
to  hold  government  positions,  but  there  are  few  women  in  senior  positions.  Although 
the  small  Shi'a  minority  has  enjoyed  commercial  success,  few  Shi'a  Muslims  have 
top  positions  in  the  Federal  Crovemment. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  no  independent  human  rights  groups.  Government  restrictions  on  free- 
dom of  the  press  and  public  association  make  it  difficult  for  such  groups  to  inves- 
tigate and  publicly  criticize  the  Government's  human  rights  restrictions.  A  human 
rights  section  exists  within  Dubai  Emirate's  police  force  to  monitor  allegations  of 
human  rights  abuses.  Informal  public  discussions  of  human  rights,  press  reports  of 
international  human  rights  forums'  activities,  and  media  coverage  of  selected  local 
human  rights  problems,  such  as  foreign  workers'  conditions,  are  increasing  public 
awareness  of  human  rights. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 
The  Constitution  provides  for  equality  before  the  law  with  regard  to  race,  nation- 
ality, religious  beliefs,  or  social  status.  However,  there  is  institutional  and  cultural 
discrimination  based  on  sex,  nationality,  and  religion. 


1592 

Women. — There  are  reported  cases  of  spousal  abuse.  Police  units  are  stationed  at 
major  public  hospitals  so  that  victims  of  abuse  can  file  complaints  or  attending  phy- 
sicians can  call  upon  the  police  to  interview  susf)ected  victims  of  abuse.  m)men, 
however,  are  sometimes  reluctant  to  file  formal  charges  for  social,  cultural,  and  eco- 
nomic reasons.  When  reported,  the  local  police  authorities  may  take  action  to  pro- 
tect women  from  abuse.  The  laws  protect  women  from  verbal  abuse  or  harassment 
from  men,  and  violators  are  subject  to  criminal  action.  There  continue  to  be  credible 
reports  of  abuse  of  female  domestic  servants  by  some  UAE  and  foreign  employers 
(see  Section  6.e.). 

Most  women  play  a  subordinate  role  in  this  family  centered  society  because  of 
early  marriages  and  traditional  attitudes  about  women's  activities.  Husbands  may 
bar  their  wives  and  children  from  leaving  the  country  (see  Section  2.d.),  and  a  mar- 
ried woman  may  not  accept  employment  without  her  husband's  written  consent.  Is- 
lamic law  is  applied  in  cases  oi  divorce.  Courts  usually  grant  custody  to  the  father 
regardless  of  the  child's  age  in  divorce  cases.  In  most  cases  involving  children  under 
the  age  of  7  years,  the  mother  is  granted  temporary  custody,  which  then  reverts  to 
the  father  at  the  age  of  7  years.  Older  children  live  with  their  fathers  unless  judicial 
authorities  decide  otherwise.  A  woman  who  remarries  forfeits  her  right  to  the  cus- 
tody of  children  from  a  previous  marriage.  Islamic  law  permits  polygyny. 

Women  are  restricted  from  holding  majority  shares  in  most  businesses.  A  wom- 
an's property  is  not  commingled  with  that  of  her  husband.  Women  who  work  outside 
the  home  do  not  receive  equal  benefits,  such  as  housing,  and  may  face  discrimina- 
tion in  promotion.  In  June  1995,  the  UAE  Cabinet  provisionally  extended  paid  ma- 
ternity leave  for  citizen  women  in  the  private  sector  to  3  months  at  full  pay  from 
45  days,  and  up  to  1  year's  leave  at  half  pay  and  a  second  year's  leave  at  quarter 
pay.  A  1996  federal  decree  ratified  the  International  Labor  Organization  (ILCJ)  Gen- 
eral Conference  Equal  Remuneration  Convention  of  1951. 

Opportunities  for  women  have  grown  in  government  service,  education,  private 
business,  and  health  services.  According  to  UAE  government  figures,  19.4  percent 
of  the  country's  work  force  in  1995  was  female.  The  Federal  Government  has  pub- 
licly encouraged  women  to  join  the  work  force,  guaranteeing  public  sector  employ- 
ment for  all  who  apply.  According  to  the  available  statistics,  women  constitute  100 
percent  of  nursery  school  teachers,  55  percent  of  primary  school  teachers,  65  percent 
of  intermediate  and  secondary  school  teachers,  54.3  percent  of  health  care  workers, 
and  39.8  percent  of  all  government  employees.  Cultural  barriers  and  the  lack  of  eco- 
nomic necessity  have  limited  female  participation.  A  symposium  promoting  the 
rights  of  women  in  the  labor  force  was  neld  in  October  1996.  Participants  called  for 
increasing  rights  granted  to  women  including  the  elimination  of  the  requirement 
that  a  husband  give  approval  before  his  wife  can  work. 

Women  continue  to  make  rapid  progress  in  education.  They  constitute  over  75 
percent  of  the  student  body  at  the  National  University  in  Al-Ain,  largely  because 
women,  unlike  men,  rarely  study  abroad. 

Women  are  officially  encouraged  to  continue  their  education,  and  government- 
sponsored  women's  centers  provide  adult  education  and  technical  training  courses. 
The  Federal  Armed  Forces  accept  female  volunteers,  who  may  enroll  in  a  special 
training  course  started  after  the  Gulf  War.  The  Dubai  Police  College  recruits 
women,  many  of  whom  are  deployed  at  airports,  immigration  offices,  and  women's 
prisons.  As  of  mid-1995,  about  85  women  had  graduated  from  the  college. 

The  law  prohibits  cohabitation  by  unmarried  couples.  The  (jovernment  may  im- 
prison and  deport  noncitizen  women  if  they  bear  children  out  of  wedlock.  In  the 
event  that  the  courts  sentence  women  to  prison  for  such  an  offense,  local  authorities 
will  hold  the  newborn  children  in  a  special  facility  until  the  mother's  release  and 
deportation.  Children  may  remain  in  this  facility  longer  in  the  event  of  a  custody 
dispute. 

Children. — The  Government  is  committed  to  the  welfare  of  children.  Children  who 
are  citizens  receive  free  health  care,  free  education,  guaranteed  housing,  and  other 
perquisites  of  citizenship.  A  family  may  also  be  eligible  to  receive  aid  from  the  Min- 
istry of  Labor  and  Social  Welfare  for  sons  and  daughters  who  are  under  the  age  of 
18  or  unmarried  or  disabled.  There  is  no  pattern  of  societal  child  abuse. 

People  With  Disabilities. — There  is  no  federal  legislation  reguiring  accessibility  for 
the  disabled.  However,  the  Ministry  of  Labor  and  Social  Auairs  sponsors  centers 
which  provide  facilities  and  services  to  the  disabled.  Services  range  from  monthly 
social  aid  funds,  special  education,  and  transportation  assistance  to  sending  a  team 
to  the  Special  Olympics. 

National  / Racial /Ethnic  Minorities. — Discrimination  based  on  national  origin, 
while  not  legally  sanctioned,  is  prevalent  (see  Section  2.d.).  Employment,  immigra- 
tion, and  security  policy,  as  well  as  cultural  attitudes  towards  foreign  workers,  are 
conditioned  by  national  origin. 


1593 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — There  are  no  unions  and  no  strikes.  The  law  does 
not  grant  workers  the  right  to  organize  unions  or  to  strike.  Foreign  workers,  who 
make  up  the  bulk  of  the  work  force,  risk  deportation  if  they  attempt  to  organize 
unions  or  to  strike. 

Since  July  1995,  the  UAE  has  been  suspended  from  the  U.S.  Overseas  Private  In- 
vestment Corporation  insurance  programs  because  of  the  Government's  lack  of  com- 
pliance with  internationally  recognized  worker  rights  standards. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  does  not  grant  work- 
ers the  right  to  engage  in  collective  bargaining,  which  is  not  practiced.  Workers  in 
the  industrial  and  service  sectors  are  normally  employed  under  contracts  that  are 
subject  to  review  by  the  Ministry  of  Labor  and  Social  Affairs.  The  Ministry  of  Inte- 
rior Naturalization  and  Inunigration  Administration  is  responsible  for  reviewing  the 
contracts  of  domestic  employees  as  part  of  residency  permit  processing. 

The  purpose  of  the  review  is  to  ensure  that  the  pay  will  satisfy  the  employee's 
basic  need^  and  secure  a  means  of  living.  For  the  resolution  of  work-related  dis- 

Eutes,  workers  must  rely  on  conciliation  committees  organized  by  the  Ministry  of 
abor  and  Social  Affairs  or  on  special  labor  courts. 

Labor  laws  do  not  cover  government  employees,  domestic  servants,  and  agricul- 
tural workers.  The  latter  two  groups  face  considerable  difTiculty  in  obtaining  assist- 
ance to  resolve  disputes  with  employers.  While  any  worker  may  seek  redress 
through  tjie  courts,  this  process  puts  a  heavy  financial  burden  on  those  in  lower  in- 
come brackets. 

In  Dubai's  Jebel  Ali  Free  Zone,  the  same  labor  laws  apply  as  in  the  rest  of  the 
country. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor  is  ille- 
gal and  not  practiced.  However,  some  unscrupulous  employment  agents  bring  for- 
eign workers  to  the  UAE  under  conditions  approaching  indenture.  The  Government 
prohibits  forced  and  bonded  child  labor  and  enforces  this  prohibition  effectively. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Labor 
regulations  prohibit  employment  of  persons  under  the  age  of  15  and  have  special 

firovisions  for  employing  those  15  to  18  years  of  age.  The  Department  of  Labor  en- 
orces  the  regulations.  Other  regulations  permit  employers  to  engage  only  adult  for- 
eign workers.  In  1993  the  Government  prohibited  the  employment  of  children  under 
the  age  of  15  as  camel  jockeys  and  of  jockeys  who  do  not  weigh  more  than  45  kilo- 
grams. The  Camel  Racing  Association  is  responsible  for  enforcing  these  rules.  How- 
ever, children  under  the  age  of  15  working  as  camel  jockeys  have  still  been  ob- 
served. Otherwise,  child  labor  is  not  permitted.  The  Government  prohibits  forced 
and  bonded  child  labor  and  enforces  this  prohibition  effectively  (see  Section  6.c.). 
The  Government  does  not  issue  visas  for  foreign  workers  under  the  age  of  16  years. 
Education  is  compulsory  through  the  intermediate  stage,  approximately  the  age  of 
13  or  14  years. 

e.  Acceptable  Conditions  of  Work. — There  is  no  legislated  or  administrative  mini- 
mum wage.  Supply  and  demand  determine  compensation.  However,  according  to  the 
Ministry  of  Labor  and  Social  Affairs,  there  is  an  unofficial,  unwritten  minimum 
wage  rate  which  would  afford  a  worker  and  family  a  minimal  standard  of  living. 
As  noted  in  Section  6.b.,  the  Labor  and  Social  Afi'airs  Ministry  reviews  labor  con- 
tracts and  does  not  approve  any  contract  that  stipulates  a  clearly  unacceptable 
wajge. 

The  standard  workday  and  workweek  are  8  hours  a  day,  6  days  per  week,  but 
these  standards  are  not  strictly  enforced.  Certain  types  of  workers,  notably  domestic 
servants,  may  be  obliged  to  work  longer  than  the  mandated  standard  hours.  The 
law  also  provides  for  a  minimum  of  24  days  per  year  of  annual  leave  plus  10  na- 
tional and  religious  holidays.  In  addition,  manual  workers  are  not  required  to  do 
outdoor  work  when  the  temperature  exceeds  45  degrees  Celsius  (112  degrees  Fahr- 
enheit). 

Most  foreign  workers  receive  either  employer-provided  housing  or  housing  allow- 
ances, medical  care,  and  homeward  passage  from  their  employers.  Most  foreign 
workers  do  not  earn  the  minimum  salary  of  $1,090  per  month  (or  $817  per  month, 
if  a  housing  allowance  is  provided  in  addition  to  the  salary)  required  to  obtain  resi- 
dency permits  for  their  families.  Employers  have  the  option  to  petition  for  a  6- 
month  ban  from  the  work  force  against  any  foreign  employee  who  leaves  his  job 
without  fulfilling  the  terms  of  his  contract. 

The  Ministry  of  Health,  the  Ministry  of  Labor  and  Social  Affairs,  municipalities, 
and  civil  defense  units  enforce  health  and  safety  standards.  The  Government  re- 
quires every  large  industrial  concern  to  employ  a  certified  occupational  safety  offi- 
cer. An  injured  worker  is  entitled  to  fair  compensation.  Health  standards  are  not 
uniformly  observed  in  the  housing  camps  provided  for  foreign  workers.  Workers' jobs 


1594 

are  not  protected  if  they  remove  themselves  from  what  they  consider  to  be  unsafe 
working  conditions.  However,  the  Ministry  of  Labor  and  Social  Affairs  may  require 
employers  to  reinstate  workers  dismissed  for  not  performing  unsafe  work.  All  work- 
ers have  the  right  to  lodge  grievances  with  Ministry  officials,  who  make  an  effort 
to  investigate  all  complaints.  However,  the  Ministry  is  understaffed  and  underbudg- 
eted;  complaints  and  compensation  claims  are  backlogged. 

Rulings  on  complaints  may  be  appealed  within  the  Ministry  and  ultimately  to  the 
courts.  However,  many  workers  choose  not  to  protest  for  fear  of  reprisals  or  aeporta- 
tion.  The  press  periodically  carries  reports  of  abuses  suffered  by  domestic  servants, 
particularly  women,  at  the  hands  of  some  employers.  Allegations  have  included  ex- 
cessive work  hours,  nonpayment  of  wages,  and  verbal  and  physical  abuse. 


YEMEN 

The  Republic  of  Yemen,  comprising  the  former  (northern)  Yemen  Arab  Republic 
and  (southern)  People's  Democratic  Republic  of  Yemen,  was  proclaimed  in  1990.  The 
first  democratically  elected  parliament  was  convened  in  1993.  Following  a  brief  but 
bloody  civil  war  in  mid-1994,  the  country  was  reunified  under  the  rule  of  the 
Sana  a-based  government.  Later  in  1994,  a  new  postwar  governing  coalition  was 
formed,  composed  of  the  General  People's  Congress  (GPC)  and  the  Yemeni  Grouping 
for  Reform  (Islaah).  Field  Marshal  Ali  Abdullah  Saleh  is  the  President  and  leader 
of  the  GPC.  He  was  elected  by  the  legislature  in  1994  to  a  5-year  term.  A  constitu- 
tional amendment  provides  that  henceforth  the  president  is  to  be  elected  by  popular 
vote  from  at  least  two  candidates  selected  by  the  legislature.  Parliamentary  elec- 
tions were  held  in  April,  with  the  Yemeni  Socialist  Party  (YSP),  formerly  the  main 
party  of  the  south  and  a  previous  coalition  partner,  leading  an  opposition  boycott. 
The  GPC  won  an  absolute  majority  of  the  new  parliament.  International  observers 
judged  the  April  parliamentary  elections,  which,  like  the  1993  voting,  were  held  on 
the  basis  of  universal  adult  suffrage,  as  reasonably  free  and  fair.  However,  the  Par- 
liament is  not  yet  an  effective  counterweight  to  executive  authority.  Real  political 
power  rests  with  a  few  leaders,  particularly  the  President.  The  judiciary,  nominally 
independent,  is  weak  and  severely  hampered  by  corruption,  executive  branch  inter- 
ference, and  the  frequent  failure  of  the  authorities  to  carry  out  sentences. 

The  primary  state  security  apparatus  is  the  Political  Security  Organization  (PSO), 
which  reports  directly  to  the  President.  It  is  independent  of  the  Ministry  of  Interior. 
The  Criminal  Investigative  Department  (CID)  oi  the  police  conducts  most  criminal 
investigations  and  makes  most  arrests.  The  Central  Security  Organization  (CSO), 
a  part  of  the  Ministry  of  Interior,  maintains  a  paramilitary  force.  The  civilian  au- 
thorities did  not  maintain  effective  control  of  the  security  forces.  Some  members  of 
the  security  forces,  particularly  the  PSO,  committed  numerous,  serious  human 
rights  abuses. 

Yemen  is  a  very  poor  country.  Its  embryonic  market-based  economy,  despite  a 
major  economic  reform  program,  remains  impeded  by  excessive  government  inter- 
ference and  endemic  corruption.  Its  annual  per  capita  gross  national  product  (GNP) 
is  estimated  at  $325.  Agriculture  accounts  for  approximately  18  percent  of  GNP  and 
industry  for  approximately  8  percent.  Oil  is  the  primary  source  of  foreign  exchange. 
Other  exports  include  fish,  agricultural  products,  tton,  and  building  materials.  Re- 
mittances from  citizens  working  abroad  (primarily  in  Saudi  Arabia)  are  also  impor- 
tant. Remittances  were  sharply  reduced  after  Saudi  Arabia  and  other  Gulf  states 
expelled  up  to  850,000  Yemeni  workers  during  the  Gulf  War  because  of  the  Govern- 
ment's lack  of  support  for  the  U.N.  coalition.  The  Gulf  states  also  suspended  most 
assistance  programs,  and  much  other  western  aid  was  reduced.  Foreign  aid  is  begin- 
ning to  reemerge  as  an  importance  source  of  income. 

Tne  Government's  human  rights  record  continued  to  be  poor,  although  late  in  the 
year  the  Government  took  initiatives  to  combat  some  human  rights  problems.  There 
are  significant  limitations  on  citizens'  right  to  change  their  government.  There  were 
unconfirmed  reports  of  extrajudicial  killing  by  some  members  of  the  security  forces. 
Some  members  of  the  security  forces  tortured  and  otherwise  abused  persons.  Prison 
conditions  are  poor.  Some  members  of  the  security  forces  continued  to  arbitrarily  ar- 
rest and  detain  citizens,  especially  persons  still  regarded  as  "separatists."  PSO  offi- 
cers have  broad  discretion  over  perceived  national  security  issues,  and,  despite  con-' 
stitutional  constraints,  routinely  detain  citizens  for  questioning,  mistreat  detainees, 
monitor  citizens'  activities,  and  search  their  homes.  The  Government  rarely  held 
members  of  the  security  forces  accountable  for  human  rights  abuses.  Indeed,  the  se- 
curity forces  sometimes  countermanded  orders  from  the  President  and  the  Interior 
Ministry.  After  a  series  of  bombings  incidents  which  began  in  Aden  in  August,  secu- 


1595 

rity  forces  rounded  up  more  than  120  suspects,  most  of  whom  were  held  in  incom- 
municado detention  for  several  weeks  without  formally  being  charged.  Eventually 
most  of  the  detainees  were  released,  two  groups  of  27  and  31  persons,  respectively, 
were  brought  to  trial  in  connection  with  the  bombings,  amid  charges  of  violations 
of  the  rights  of  the  accused.  Security  forces  made  additional  arrest  after  a  series 
of  bombings  in  October.  Prolonged  pretrial  detention  is  a  serious  problem,  and  judi- 
cial corruption,  inefficiency,  and  executive  interference  undermine  due  process.  The 
Constitution  limits  freedom  of  speech  and  the  press,  and  the  Government  harassed, 
intimidated,  and  detained  journalists.  Journalists  practice  self-censorship.  The  Gov- 
ernment imposes  some  restrictions  on  freedom  of  religion.  Discrimination  based  on 
sex,  race,  disability,  social  status,  and  to  a  lesser  extent,  religion,  exists.  Violence 
against  women  is  a  problem.  Female  genital  mutilation  is  practiced  by  some  fami- 
lies, especially  along  the  coastal  areas  on  the  Red  Sea;  although  publicly  discour- 
aged, the  authorities  do  not  prohibit  it. 

In  reaction  to  a  March  report  by  Amnesty  International  (AI),  the  Government  an- 
nounced that  it  would  investigate  some  of  the  issues  raised,  including  cases  of  dis- 
Spearance,  arbitrary  arrest,  and  torture,  in  addition  to  the  situation  of  women. 
>wever,  it  rejected  some  of  AI's  allegations. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Some  members  of  the  security  forces 
have  committed  extrajudicial  killings.  In  April  Abdullah  Ahmed  Barkani,  a  soldier 
on  night  duty,  opened  fire  at  a  polling  station  and  killed  five  soldiers  and  three  civil- 
ians. 

There  were  unconfirmed  reports  that  two  soldiers  were  killed  by  their  military  su- 
periors, apparently  as  a  result  of  excessive  use  of  corporal  punishment.  Awadh  Mu- 
barak, a  soldier  based  in  Hadramaut  Governorate,  reportedly  died  in  May  from  inju- 
ries sustained  during  a  beating  by  his  military  superiors.  During  the  same  week, 
another  soldier  died  at  al-Thawra  military  camp.  He  reportedly  had  been  beaten 
with  metal  skewers. 

There  were  reports  that  two  persons  who  were  arrested  after  the  July  bombings 
in  Aden  died  as  a  result  of  torture  inflicted  by  the  security  forces.  The  Government 
stated  that  only  one  man  died,  and  that  he  committed  suicide. 

The  1996  case  of  a  YSP  activist  who  died  in  police  custody  remains  unresolved. 
The  youth  had  been  arrested  following  his  participation  in  a  peaceful  demonstration 
in  Mukallah.  No  member  of  the  security  forces  has  been  charged  in  connection  with 
his  death. 

Several  persons  died  during  the  election  registration  process  and  on  election  day 
during  violent  incidents  at  polling  places.  Most  of  these  deaths  were  attributed  to 
underlying  tribal  disputes  connected  to  the  elections. 

b.  Disappearance. — Members  of  the  security  forces  continue  to  arrest  and  detain 
citizens  for  varying  periods  of  time  without  charge  or  notification  to  the  families 
concerned.  Many  detainees,  especially  in  southern  govemorates,  are  associated  with 
the  YSP  or  other  opposition  parties  and  accused  of  being  "separatists."  Most  such 
disappearances  are  temporary,  and  detainees  are  releasea  within  months.  Such  was 
the  case  of  persons  arrested  in  connection  with  the  July  28  bombings  (see  Section 
l.d.) 

Amnesty  International  presented  a  "sample"  list  of  28  persons  who  reportedly 
"disappeared"  while  in  government  custody  in  the  years  1994  to  1996.  The  Govern- 
ment promised  to  look  into  these  cases.  AI  also  alleged  that  there  were  hundreds 
of  unresolved  disappearances  dating  from  the  pre-union  period,  and  particularly 
from  the  year  1986.  In  late  1997,  the  Foreign  Ministry  created  a  special  office  for 
human  rights.  The  office  has  set  up  a  computer  data  base  for  tracking  persons  al- 
leged to  have  "disappeared"  in  the  past,  particularly  in  the  former  People's  Demo- 
cratic Republic  of  Yemen  during  the  1986  southern  civil  war.  This  office  was  created 
specifically  to  respond  to  Amnesty  International's  continuing  assertion  that  the  Gov- 
ernment refuses  to  account  for  "disappeared"  persons. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution,  which  asserts  that  Shari'a  (Islamic  law)  "is  the  source  of  all  legis- 
lation," is  ambiguous  on  its  prohibition  of  cruel  or  inhuman  punishment.  However, 
there  were  reports  that  members  of  the  security  forces  tortured  and  otherwise 
abused  persons.  Although  there  is  no  evidence  of  the  systematic  use  of  torture  in 
detention  facilities,  arresting  authorities  are  known  to  use  force  during  interroga- 
tions, especially  of  those  arrested  for  violent  crimes.  The  Government  in  late  1997 
banned  tne  use  of  heavy  leg-irons  and  shackles. 


1596 

According  to  a  local  human  rights  organization,  many  instances  of  torture  have 
taken  place  at  Amran  prison.  The  organization  reported  that  it  had  received  first- 
hand evidence  of  the  torture  of  one  prisoner  in  Amran.  Another  credible  source  con- 
firmed the  torture  of  a  non-Yemeni  citizen  in  a  Sanaa  detention  facility.  Amnesty 
International  reported  numerous  cases  of  torture  from  previous  years  for  which  no 
security  ofiicials  have  been  held  accountable.  The  Grovemment  acknowledged  to  Am- 
nesty International  that  torture  takes  place,  but  said  that  the  use  of  torture  is  not 
government  policy.  A  high-level  prosecutor  reported  to  a  Yemeni  newspaper  in  late 
1996  that  six  cases  of  torture  by  security  officials  had  been  referred  to  the  courts 
that  year.  The  prosecutor  cited  illiteracy  and  lack  of  training  among  police  and  secu- 
rity officials  as  one  of  the  reasons  for  the  persistence  of  undue  force  in  the  prisons. 

There  were  reports  that  security  forces  tortured  two  men  arrested  after  tne  July 
bombings  in  Aden,  causing  their  deaths.  The  Grovemment  stated  that  only  one  man 
died,  and  that  he  committed  suicide  (see  Section  l.a.). 

The  Constitution  states  that  the  Government  may  not  impose  "illegal"  punish- 
ments— a  formulation  that  could  be  interpreted  as  permitting  amputations  accord- 
ing to  Shari'a.  There  were  no  reports  of  amputations  since  1991.  The  Shari'a-based 
law  permits  physical  punishments  such  as  flogging  for  minor  crimes  (e.g.,  the  pen- 
alty for  the  consumption  of  alcohol  is  80  lashes),  ft  also  provides  for  the  ritual  dis- 
play in  public  of  the  bodies  of  executed  criminals.  In  August,  a  judge  in  Seiyun  sen- 
tenced two  tribesmen  to  death  by  firing  squad  and  ordered  their  Dodies  to  be  dis- 
played in  public.  The  judgment  was  in  reaction  to  the  pair's  brutal  slaying  of  a  fam- 
ily of  three  persons.  The  sentence  was  upheld  by  President  Saleh  and  carried  out 
on  August  4  with  thousands  of  onlookers  watching.  The  culprits  were  first  shot  by 
a  military  firing  squad,  which  hung  the  bodies  on  tne  city  wall  for  a  24-hour  period. 
The  purpose  of  this  practice  is  to  demonstrate  to  the  families  of  victims  that  justice 
has  been  done  and  to  avoid  blood  feuds  between  tribes. 

Prison  conditions  are  poor  and  do  not  meet  internationally  recognized  minimum 
standards.  Prisons  are  overcrowded,  sanitary  conditions  are  poor,  and  food  and 
health  care  are  inadequate.  Inmates  must  depend  on  relatives  for  food  and  medi- 
cine. Many  inmates  lack  mattresses  or  bedding.  Prison  authorities  often  exact 
money  from  prisoners  and  refuse  to  release  prisoners  until  family  members  pay  a 
bribe.  Tribal  leaders  misuse  the  prison  system  by  placing  "problem"  tribesmen  in 
jail,  either  to  punish  them  for  non-criminal  indiscretions  or  to  protect  them  from 
angry  mobs. 

Conditions  are  equally  poor  in  women's  prisons,  where  children  are  likely  to  be 
incarcerated  along  with  their  mothers.  Female  prisoners  are  regularly  held  in  jail 
past  the  expiration  of  their  sentences,  and  are  not  released  until  a  male  relative  ar- 
ranges their  release.  Female  prisoners  are  sometimes  subjected  to  sexual  harass- 
ment, rape,  and  violent  interrogation  by  male  police  and  prison  officials.  At  the  urg- 
ing of  AI,  the  Attorney  General  agreed  to  investigate  the  conditions  of  women  in 
prison. 

The  Government  tightly  controls  access  to  detention  facilities.  It  allows  local  and 
international  human  rights  monitors  access  to  persons  accused  of  crimes.  However, 
it  allows  no  access  to  political  prisoners.  For  example,  it  did  not  permit  access  to 
any  of  the  detainees  arrested  in  the  wake  of  the  July  28  bombings  in  Aden. 

In  December  the  Human  Rights  Committee  of  the  Consultative  Council  (an  advi- 
sory board  to  the  President)  conducted  a  tour  of  the  major  prisons  and  reported  that 
many  prisoners  were  in  jail  without  "proper  legal  basis."  The  visits  prompted  the 
immediate  release  of  112  persons,  including  several  women  and  children.  The  Com- 
mittee fired  (with  the  backing  of  President  Saleh)  six  prison  officials  found  to  be  cor- 
rupt and  incompetent.  The  Consultative  Council  is  calling  for  a  restructuring  of  re- 
sponsibilities among  the  three  bureaucracies  responsible  for  the  prisons — the  Min- 
istry of  Interior,  the  offices  of  the  district  attorneys,  and  the  court  system. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  provides  for  due  process,  how- 
ever, security  forces  arbitrarily  arrest  and  detain  persons.  Enforcement  is  irregular 
and  in  some  cases  nonexistent,  particularly  in  cases  involving  security  offenses.  Ac- 
cording to  the  law,  detainees  must  be  arraigned  within  24  nours  of  arrest  or  re- 
leased. The  judge  or  prosecuting  attorney  must  inform  the  accused  of  the  basis  for 
the  arrest  and  decide  whether  detention  is  required.  In  no  case  may  a  detainee  be 
held  longer  than  7  days  without  a  court  order.  Despite  these  constitutional  and 
other  legal  provisions,  arbitrary  arrest  and  prolonged  detention  without  charge  are 
common  practices. 

Following  a  series  of  explosions  that  took  place  in  Aden  in  July,  October,  and  No- 
vember, security  forces  rounded  up  several  groups  of  suspects  and  the  Government 
announced  that  it  had  unearthed  a  terrorist  "ring"  with  links  to  foreign  powers.  The 
Government  said  that  the  terrorists  were  planning  a  large  conspiracy  to  destabilize 
the  Government,  to  include  the  killing  ol  Yemeni  and  foreign  officials.  The  final 


1597 

total  of  those  arrested  is  estimated  at  more  than  200  persons.  Eventually  most  of 
those  arrested  were  released  without  ever  being  charged  with  any  crime.  However, 
two  separate  groups  of  31  and  27  individuals,  respectively,  were  formally  charged 
and  brought  to  trial  in  late  November.  The  cases  were  still  under  way  at  year's  end. 

The  law  provides  detainees  with  the  right  to  inform  their  families  of  their  arrests 
and  to  decline  to  answer  questions  without  an  attorney  present.  There  are  provi- 
sions for  bail.  In  practice,  many  authorities  respect  these  rights  only  if  bribed!  The 
majority  of  persons  detained  in  connection  with  the  Aden  bombings  were  not  per- 
mitted contact  with  their  families  or  lawyers  and  were  denied  bail. 

In  cases  where  a  criminal  suspect  is  at  large,  security  forces  sometimes  detain  a 
relative  while  the  suspect  is  bemg  sought.  The  detention  may  continue  while  the 
concerned  families  negotiate  compensation  for  the  alleged  wrongdoing.  Arbitration, 
rather  than  the  court  system,  is  commonly  used  to  settle  cases. 

The  Government  has  failed  to  ensure  that  detainees  and  prisoners  are  incarcer- 
ated only  in  authorized  detention  facilities.  The  Ministry  of  Interior  and  the  PSO 
operate  extrajudicial  detention  facilities.  A  large  percentage  of  the  total  prison  popu- 
lation consists  of  pretrial  detainees.  Thousands  of  p)eople  have  been  imprisoned  for 
years  without  documentation  concerning  charges  against  them,  their  trials,  or  their 
sentences.  It  is  believed  that  at  least  some  oi  these  persons  are  political  detainees. 
Most  of  the  persons  arrested  after  the  Aden  bombings  apparently  had  nothing  to 
do  with  the  crime  and  were  detained  merely  because  of  their  affiliation  with  the  po- 
litical opposition. 

While  a  few  cases  of  those  being  held  without  charge  have  been  redressed  through 
the  efforts  of  local  human  rights  groups  (and  a  few  ifiegally  detained  prisoners  have 
been  released),  the  authorities  have  done  nothing  to  investigate  or  resolve  these 
cases.  However,  the  Grovemment  acknowledged  to  AI  that  security  officials  must  be 
held  more  accountable  to  the  judicial  system. 

Unauthorized,  private  prisons  also  exist  in  tribal  areas,  where  the  central  govern- 
ment exercises  very  little  authority.  People  detained  in  these  prisons  are  often  held 
for  strictly  personal  reasons  and  without  trial  or  sentencing. 

Some  tribes  seek  to  bring  their  political  and  economic  concerns  to  the  attention 
of  the  Government  by  kidnaping  and  holding  hostages.  Victims  include  foreign  busi- 
nessmen, diplomats,  and  tourists,  as  well  as  Yemenis.  According  to  a  1997  study  by 
the  newspaper  al-Wadah,  for  example,  there  were  105  kidnaping  cases  in  1995 
alone.  Foreign  victims  are  rarely  injured,  and  the  authorities  generally  have  been 
successful  in  obtaining  the  quick  release  of  foreign  hostages.  However,  it  is  widely 
believed  that  kidnapings  continue  because  the  judiciary  fans  to  implement  sentences 
against  accused  kidnapers.  Indeed,  in  most  cases  the  kidnapings  are  settled  out  of 
court,  and  no  suspects  go  to  trial. 

The  Government  does  not  use  forced  exile.  At  the  end  of  the  1994  civil  war,  the 
President  pardoned  nearly  all  persons  who  had  fought  against  the  central  Govern- 
ment, including  military  personnel  and  most  leaders  of  the  unrecognized,  secession- 
ist Democratic  Republic  of  Yemen  (DRY).  The  Government  denied  this  amnesty  only 
to  the  16  most  senior  leaders  of  the  DRY,  who  fled  abroad,  and  one  of  whom  is  now 
presumed  dead.  Although  they  were  technically  not  forced  into  exile,  they  are  sub- 
ject to  arrest  if  they  return.  The  so-called  "trial  of  the  16,"  which  began  in  late  1996, 
is  in  progress.  The  accused  are  being  tried  in  absentia  on  various  charges,  including 
forming  a  secessionist  government,  conspiracy,  and  forming  a  separate  military.  De- 
fense lawyers  claim  that  the  prosecution's  case  is  illegal  because  it  depends  on  the 
application  of  pre-union  laws  that  had  been  superseded  by  post-uniiication  laws 
prior  to  the  commission  of  the  alleged  offenses. 

e.  Denial  of  Fair  Public  Trial. — The  judiciary  is  not  fully  independent,  even 
though  the  Constitution  provides  for  an  'autonomous"  judiciary  and  "independent 
judges."  Judges  are  appointed  by  the  executive  branch,  and  some  have  been  reas- 
signed or  removed  from  office  following  rulings  against  the  Government.  Many  liti- 
gants maintain,  and  the  Government  acknowledges,  that  a  judge's  social  ties  and 
susceptibility  to  bribery  sometimes  have  greater  influence  on  the  verdict  than  the 
law  or  the  facts  of  the  case.  Some  judges  appointed  since  mid-1994  are  poorly 
trained,  and  some  of  those  closely  associated  witn  the  Government  often  render  de- 
cisions favorable  to  it.  The  judiciary  is  further  hampered  by  the  frequent  reluctance 
of  the  authorities  to  implement  sentences. 

There  are  five  types  of  courts:  criminal,  civil  (i.e.,  divorce  and  inheritance),  admin- 
istrative, commercial,  and  military. 

All  courts  are  governed  by  Shari'a  law.  There  are  no  jury  trials  under  Shari'a. 
Criminal  cases  are  adjudicated  by  a  judge  who  plays  an  active  role  in  questioning 
witnesses  and  the  accused.  By  law,  defense  attorneys  are  allowed  to  counsel  their 
clients,  to  address  the  court  and  to  examine  witnesses.  Defendants,  including  those 
in  commercial  courts,  have  the  right  to  appeal  their  sentences.  Trials  are  public. 


1598 

However,  all  courts  may  conduct  closed  sessions  "for  reasons  of  public  security  or 
morals."  Foreign  litigants  in  commercial  disputes  have  complained  of  biased  rulings. 
However,  some  foreign  companies  have  reported  winning  cases  against  Yemeni  de- 
fendants and  seeing  tne  decisions  enforced. 

The  law  permits,  in  addition  to  regular  courts,  a  system  of  tribal  adjudication.  The 
results  of  such  mediation  carry  the  same  weight  as  court  judgments.  This  provision 
of  law  explains  in  part  why  so  many  persons  who  spend  time  in  jail  are  never  actu- 
ally charged  with  any  crime. 

Prior  to  unification,  approximately  half  of  the  judges  working  in  southern  Yemen 
were  women.  In  the  last  few  years,  however,  many  female  judges  have  been  reas- 
signed to  administrative  or  clerical  duties.  There  are  no  female  judges  in  the  north. 

A  total  of  58  suspects  were  charged  with  conspiracy,  espionage,  and  related  crimes 
after  a  series  of  bombings  in  Aden  in  the  latter  hali  of  the  year.  Their  trials,  which 
were  under  way  at  years  end,  do  not  appear  to  meet  minimum  international  stand- 
ards for  due  process.  There  are  reports  that  confessions  were  coerced,  and  that  de- 
fendants were  denied  the  opportunity  to  consult  with  their  lawyers. 

The  Government  claims  that  it  holds  no  political  prisoners,  and  releases  no  data 
on  such  cases.  However,  this  claim  is  disputed  by  many  local  and  international 
human  rights  groups,  who  report  that  various  political  prisoners  were  convicted 
after  unfair  trials. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Despite 
constitutional  provisions  against  government  interference  with  privacy,  security 
forces  routinely  search  homes  and  private  offices,  monitor  telephones,  read  personal 
mail,  and  otherwise  intrude  into  personal  matters  for  alleged  security  reasons.  Such 
activities  are  conducted  without  legally  issued  warrants  or  judicial  supervision.  Se- 
curity forces  regularly  monitor  telephone  conversations  and  have  interfered  with  the 
telephone  service  of  government  critics  and  opponents.  Security  forces  sometimes 
detain  relatives  of  suspects  (see  Section  l.d.). 

In  April  security  personnel  broke  into  the  Aden  headquarters  of  the  League  of  the 
Sons  of  Yemen  (RAl),  an  opposition  party  affiliated  with  the  exiled,  foreign-financed 
Mawj  opposition.  According  to  the  RAI,  the  security  forces  rummaged  through  files 
and  desks,  confiscated  office  supplies  and  equipment,  and  sealed  the  offices.  Also  in 
April,  the  secretary  general  of  the  Yemeni  Socialist  Party  (YSP)  was  stopped  while 
being  driven  through  Aden.  His  bodyguards  were  disarmed,  interrogated,  and  phys- 
ically abused. 

The  law  prevents  arrests  between  the  hours  of  sundown  and  dawn.  However,  most 
of  those  detained  in  connection  with  the  Aden  bombings  were  taken  from  their 
homes  in  the  middle  of  the  night,  without  search  warrants. 

Some  of  those  detained  in  connection  with  the  Aden  bombings  reportedly  were 
pressured  to  renounce  their  afiiliations  with  opposition  parties.  They  were  threat- 
ened with  continuing  confinement  in  prison  if  they  did  not  give  up  political  activity 
or  join  the  President  s  party,  the  GPC. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  restricts  the  freedom  of  speech 
and  press  "within  the  limits  of  the  law."  Although  most  citizens  are  uninhibited  in 
their  private  discussions  of  domestic  and  foreign  policies,  some  are  cautious  in  pub- 
lic, fearing  harassment  for  criticism  of  the  Government.  The  Press  Law  criminalizes 
"the  humiliation  of  the  State,  the  Cabinet,  or  parliamentary  institutions,"  and  the 
publication  of  "false  information"  that  "threatens  public  order  or  the  public  interest." 
The  Government  influences  the  media  and  limits  press  freedom. 

The  relative  freedom  of  the  press  permitted  between  unification  (1990)  and  the 
civil  war  (1994)  has  not  been  reestablished  fully.  An  atmosphere  of  government 
pressure  on  independent  and  political  party  journals  continues  that  was  not  present 
before  the  civil  war.  The  international  human  rights  group,  the  Committee  to  Pro- 
tect Journalists,  criticized  the  Government  on  at  least  two  occasions  for  restrictions, 
harassment,  and  arbitrary  detention  directed  at  journalists. 

The  Ministry  of  Information  influences  the  media  by  its  ownership  of  the  coun- 
try's sole  television  and  radio  outlets,  by  its  control  of  most  printing  presses,  and 
by  subsidies  to  certain  newspapers.  Only  one  newspaper,  the  twice-weekly  Aden 
independent  Al-Ayyam,  owns  its  own  press.  The  Government  selects  the  items  to 
be  covered  in  news  broadcasts,  and  does  not  permit  broadcast  reporting  critical  of 
the  Government.  Televised  debates  in  the  Parliament  are  edited  to  delete  such  criti- 
cism. 

Although  newspapers  are  allowed  to  criticize  the  Grovernment,  journalists  some- 
times censor  themselves,  especially  when  writing  on  such  sensitive  issues  as  govern- 
ment policies  toward  the  southern  governates,  relations  with  Saudi  Arabia  and 
other  foreign  governments,  or  oflicial  corruption.  The  penalties  for  exceeding  these 


1599 

self-imposed  limits  can  be  arrest  for  libel,  dismissal  from  employment,  or  extralegal 
harassment. 

In  a  case  from  1995,  two  journalists  for  Al-Shoura  newspaper  were  found  guilty 
in  May  of  slander  and  character  assassination  against  an  important  sheikh,  one  of 
the  leaders  of  the  Islaah  party.  The  presiding  judge  ordered  that  the  newspaper  be 
shut  down;  that  the  journalists  be  flogged  with  80  lashes  and  stopped  from  work 
for  1  year,  and  that  they  pay  a  compensation  of  approximately  $800  (100,000  yr). 
The  Ministry  of  Justice  has  suspended  this  judgment  while  reviewing  its  conformity 
with  law  and  judicial  procedure.  Al-Shoura  continued  to  operate  at  year's  end.  Al- 
Shoura  had  suffered  government  harassment  in  the  past;  security  officials  closed  the 
paper  from  mid-1995  through  mid-1996,  when  a  judge  ruled  that  the  closure  was 
illegal. 

In  early  1997,  a  trial  began  against  Muhammad  Al-Saqaf,  a  journalist  and  former 
university  professor  who  nad  written  articles  critical  of  the  Government  in  the 
weekly  government-controlled  paper  Al-Wahda  in  1996.  Specifically,  Al-Saqaf  had 

2uestioned  the  Government's  handling  of  preparations  for  the  1997  election.  The 
iommittee  to  Protect  Journalists  interceded  with  the  Government  on  his  behalf. 
The  case  is  continuing. 

The  weekly  opposition  newspaper  Al-Tajammu'  continued  to  be  subjected  to  minor 
harassment  from  government  authorities.  In  1996  the  paper's  publishers  tempo- 
rarily had  been  denied  access  to  government  presses  because  of  criticism  of  the  Gov- 
ernment. 

There  were  reports  throughout  the  year  of  journalists  (particularly  in  the  south) 
being  subjected  to  minor  but  frequent  physical  harassment,  abuse,  and  short  periods 
of  arbitrary  incarceration.  At  least  six  of  the  persons  arrested  in  connection  with 
the  Aden  bombings  were  journalists.  The  Committee  to  Protect  Journalists  and 
other  international  and  local  human  rights  organizations  protested  to  the  Govern- 
ment on  their  behalf.  The  journalists  eventually  were  released  without  charge. 

Customs  officials  confiscate  foreign  publications  regarded  as  pornographic  or  ob- 
jectionable because  of  religious  or  political  content.  The  Ministry  of  Information  rou- 
tinely delayed  the  distribution  of  international  Arabic-language  dailies  such  as  Al- 
Hayat  and  Al-Sharq  Al-Awsat  in  an  apparent  effort  to  decrease  their  sales  in 
Yemen.  In  almost  all  cases,  this  was  because  they  carried  news  about  or  statements 
by  leaders  of  the  1994  secession  attempt. 

To  publish  a  book  in  Yemen,  the  author  must  obtain  a  permit  from  the  Ministry 
of  Culture.  In  the  end  most  books  are  approved,  but  the  process  is  time-consuming 
for  the  author.  The  author  must  submit  copies  of  the  book  to  the  Ministry.  Officials 
at  the  National  Library  must  read  and  endorse  the  text.  It  is  then  submitted  to  a 
special  committee  for  final  approval.  If  a  book  is  not  deemed  appropriate  for  publica- 
tion, the  Ministry  simply  does  not  issue  a  decision.  Publishers  do  not  usually  deal 
with  an  author  who  has  not  yet  obtained  the  permit. 

Academic  freedom  is  somewhat  restricted  by  the  extreme  politicization  of  univer- 
sity campuses.  Many  administrators,  professors,  and  students  align  themselves  with 
either  the  ruling  GPC  party  or  the  opposition  Islaah  party.  Each  group  closely  mon- 
itors the  activities  of  the  other.  Islaah  members  have  intimidated  students  and  pro- 
fessors from  discussing  topics  of  which  they  disapprove.  Top  administrative  posi- 
tions are  usually  awarded  to  political  allies. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — There  are  no  constitutional  re- 
strictions on  the  right  to  assemble  peacefully,  although  the  Government  requires  a 
permit  for  these  purposes.  Government  informers  monitor  meetings  and  assemblies. 

Angry  citizens  launched  several  sit-ins,  hunger  strikes,  and  other  peaceful  dem- 
onstrations in  reaction  to  the  Government's  security  crackdown  following  the  Aden 
bombings.  In  at  least  one  instance  demonstrators  were  refused  a  permit  to  assem- 
ble. On  September  10,  several  thousand  persons  demonstrated  in  Mukallah  against 
the  continued  holding  of  detainees.  The  demonstrators  had  applied  for  but  been  de- 
nied a  permit.  The  Government  allowed  the  demonstration  to  take  place  without  in- 
terference. 

There  are  no  constitutional  restrictions  on  the  freedom  of  association,  and  the 
Government  generally  respects  this  right  in  practice.  Associations  must  obtain  an 
operating  license  from  the  Ministry  of  Labor  and  Social  Affairs,  usually  a  routine 
matter. 

c.  Freedom  of  Religion. — Islam  is  the  state  religion.  Although  followers  of  other 
religions  are  free  to  worship  according  to  their  beliefs,  there  are  some  restrictions 
on  tneir  other  activities.  Most  notably,  they  are  prohibited  from  proselytizing. 

Virtually  all  citizens  are  Muslims,  either  of  the  Zaydi  branch  of  Shi  a  Islam  or  the 
Shafa'i  branch  of  Sunni  Islam.  There  are  also  some  Ismailis  in  the  north.  Private 
Islamic  organizations  may  maintain  ties  to  pan-Islamic  organizations  and  operate 
schools,  but  the  Government  monitors  their  activities. 


1600 

Most  Christians  are  foreign  residents,  except  for  a  few  families  of  Indian  origin 
in  Aden.  There  are  several  churches  and  Hindu  temples  in  Aden,  but  no  non-Muslim 

Kublic  places  of  worship  in  the  former  north  Yemen.  Church  services  are  regularly 
eld  without  harassment  in  private  homes  or  facilities  such  as  schools.  However,  oc- 
casionally the  security  authorities  censor  the  mail  of  Christian  clergy  who  minister 
to  the  foreign  community,  ostensibly  to  prevent  proselytizing. 

Nearly  all  Yemen's  once  sizable  Jewish  population  has  emigrated.  There  are  no 
legal  restrictions  on  those  Jews  who  remain,  although  their  are  traditional  restric- 
tions on  places  of  residence  and  choice  of  employment  (see  Section  5). 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— In  general,  the  Government  does  not  obstruct  domestic  travel,  although 
the  army  and  security  forces  maintain  checkpoints  on  major  roads.  Likewise,  the 
Government  does  not  routinely  obstruct  foreign  travel  or  the  right  to  emigrate  and 
return.  Journalists  must  have  a  permit  to  travel  abroad.  Women  must  obtain  per- 
mission from  a  male  relative  before  applying  for  a  passport  or  departing  the  coun- 
try. However,  enforcement  of  the  restrictions  on  journalists  and  women  are  irregu- 
lar. The  Constitution  prohibits  the  extradition  of  a  citizen  to  any  country. 

Immigrants  and  refugees  traveling  within  the  country  are  often  required  by  secu- 
rity officials  at  government  checkpoints  to  show  that  they  possess  resident  status 
or  refugee  identification  cards. 

The  Government  in  1997  offered  first  asylum  to  some  51,500  Somali  refugees  who 
were  forced  to  flee  the  fighting  in  that  country.  It  also  cooperated  with  the  United 
Nations  High  Commissioner  for  Refugees  (UNHCR)  in  assisting  refugees  from  Eri- 
trea (2,500  persons),  Ethiopia  (1,200  persons)  and  various  other  countries  (750  per- 
sons). It  permitted  the  UNHCR  to  monitor  the  situation  of  20,000  Iraqis  in  Yemen, 
many  of  whom  could  become  of  concern  to  UNHCR  because  of  the  situation  in  Iraq. 

The  UNHCR  provides  food  and  medical  assistance  to  up  to  7,000  Ethiopians  in 
a  temporary  refugee  camp  at  Al  Jahin.  The  (jovernment  has  approved  a  new 
UNHCR  facility  to  be  built  at  a  site  in  Lahaj  Govemorate  in  the  near  future. 

The  (jovemment  has  granted  refugee  status  to  some  persons  and  resettled  them. 
Approximately  30,000  Somali  refugees  have  now  been  integrated  into  Yemeni  soci- 
ety and  are  no  longer  receiving  food  from  the  UNHCR.  However,  they  are  still  eligi- 
ble for  medical  treatment  at  UNHCR  facilities. 

In  past  years,  human  rights  organizations  had  alleged  that  the  Government  forced 
certain  refugees  to  return  to  countries  in  which  they  feared  prosecution.  However, 
this  has  not  oeen  a  problem  in  recent  years. 

The  UNHCR  facilitated  the  voluntary  repatriation  of  Eritrean  and  Ethiopian  refii- 

§ees,  and  also  facilitated  the  voluntary  return  of  some  Somali  refugees  to  areas  of 
omalia  that  are  considered  safe. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Although  the  (government  is  by  law  accountable  to  the  Parliament,  there  are  sig- 
nificant limitations  on  the  ability  of  the  people  to  change  their  government.  Inter- 
national observers  judged  the  April  parliamentary  elections  as  "reasonably  free  and 
faii^  despite  some  problems  associated  with  the  voting.  To  date,  the  Parliament  is 
not  an  eifective  counterweight  to  executive  authority;  it  does  little  more  than  debate 
issues.  Decisionmaking  and  real  political  power  still  rest  in  the  hands  of  a  few  lead- 
ers, particularly  the  President. 

The  President  has  the  authority  to  introduce  legislation  and  promulgate  laws  by 
decree  when  Parliament  is  not  in  session.  Decrees  must  be  approved  by  Parliament 
30  days  after  reconvening.  In  theory,  if  a  decree  is  not  approved,  it  does  not  become 
law;  in  practice,  a  decree  remains  in  effect  even  if  not  approved.  The  President  ap- 
points the  Prime  Minister,  who  forms  the  Government.  The  Cabinet  comprises  24 
ministers,  all  of  whom  are  now  from  the  GPC. 

Following  the  1997  elections,  the  President  announced  the  formation  of  a  Consult- 
ative Council,  a  board  of  notables  chaired  by  the  former  Prime  Minister,  to  advise 
him  on  certain  policy  matters.  Some  observers  have  compared  this  council  to  an 
'^lpper  chamber*  like  the  United  States  Senate.  The  Council  reviews  and  advises 
the  President  on  all  laws  that  are  submitted  to  the  Chamber  of  Deputies.  However, 
the  Council  has  no  constitutional  powers.  It  is  not  elected;  it  is  appointed  by  the 
President. 

In  some  govemorates,  tribal  leaders  retain  considerable  discretion  in  the  interpre- 
tation and  enforcement  of  the  law.  Central  government  authority  in  these  areas  is 
often  weak. 

The  multiparty  system  is  functional  but  arguably  weaker  than  in  1993,  when  the 
first  parliamentary  elections  were  held.  All  parties  must  be  registered  in  accordance 
with  the  Political  Parties  Law  of  1991,  which  stipulates  that  each  party  must  have 


1601 

at  least  75  founders  and  at  least  2,500  members.  Twelve  parties  participated  in  the 
April  elections,  compared  with  to  16  in  1993.  The  YSP  and  several  smaller  parties 
boycotted  the  election,  leading  to  lower  voter  turnout  in  the  south  than  in  1993. 

The  Constitution  prohibits  the  establishment  of  parties  that  are  contrary  to  Islam, 
oppose  the  goals  of  the  Yemeni  revolution,  or  violate  Yemen's  international  commit- 
ments. The  Government  provides  financial  support  to  all  parties  represented  in  Par- 
liament. The  parties  are  permitted  to  publish  their  own  newspapers. 

Although  women  may  vote  and  hold  office,  these  rights  are  limited  by  cultural  and 
religious  customs.  Only  2  women  were  elected  to  the  Parliament  in  April  (the  same 
number  as  in  1993),  and  few  hold  senior  leadership  positions  in  the  government  or 
political  parties. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Yemeni  Human  Rights  Organization  (YHRO)  is  the  best  organized  local  non- 
governmental organization  (NGO)  devoted  to  human  rights.  Its  head  office  is  in 
Sanaa  with  branches  in  seven  other  cities.  It  was  founded  by  the  Government,  and 
some  experts  have  viewed  some  of  its  findings  as  not  objective.  The  head  of  the  or- 
ganization is  president  of  the  Sanaa  Court  of  Appeals  and  is  a  strong  government 
supporter.  In  September  the  YHRO  co-sponsored,  along  with  the  Taiz-based  Human 
Rights  Information  and  Training  center  and  the  Tunis-based  Arab  Institute  for 
Human  Rights,  a  training  workshop  in  Sana'a. 

Another  group,  the  Yemeni  Organization  for  the  Defense  of  Liberties  and  Human 
Rights,  is  based  in  Aden.  It  was  less  active  than  in  the  past  because  of  a  lack  of 
funds. 

Several  new  NGO's  devoted  to  human  rights  education  and  democratization  began 
to  organize.  The  Taiz-based  Human  Rights  Information  and  Training  Center  held 
training  workshops  for  some  of  these  NGO's  as  well  as  for  primary  and  secondary 
school  teachers.  It  also  sponsored  activities  in  coordination  with  the  YHRO  and  the 
Arab  Institute  for  Human  Rights  in  Tunis. 

In  late  December,  the  Cabinet  approved  formation  of  the  Supreme  National  Com- 
mittee for  Human  Rights,  under  the  chairmanship  of  the  deputy  Prime  Minister  and 
Foreign  Minister.  The  Committee  includes  the  Ministers  of  Legal  and  Parliament 
Affairs,  Justice,  Social  Affairs,  and  Interior;  the  Attorney  General;  Chairman  of  the 
Political  Security  Office;  and  chief  of  the  Office  of  Judicial  Inspection.  The  main  pur- 
pose of  the  council  is  to  ensure  that  Yemen  meets  its  obligations  with  respect  to  im- 
plementing the  international  human  rights  conventions.  However,  the  Committee 
also  is  expected  to  look  into  specific  instances  of  abuse. 

In  late  1997,  the  Consultative  Council  formed  its  own  human  rights  committee. 
This  committee  invited  various  embassies  and  representatives  of  international  orga- 
nizations to  present  their  concerns  about  the  human  rights  situation  in  Yemen. 

A  parliamentary  human  rights  committee  has  investigated  some  reports  of  human 
rights  abuses.  It  suffers  from  lack  of  official  and  financial  support  and  has  no  au- 
thority to  do  anything  but  issue  reports. 

Amnesty  International,  Human  Rights  Watch,  and  the  Committee  to  Protect  Jour- 
nalists observe  Yemen  closely.  The  International  Committee  of  the  Red  Cross 
(ICRC)  maintains  a  resident  representative  in  Yemen.  The  Government  has  given 
these  groups  relatively  broad  access  to  government  officials,  records,  refugee  camps, 
and  prisons.  The  Government  acknowledged  some  human  rights  abuses  alleged  in 
an  Amnesty  International  report  issued  in  March  and  promised  to  investigate  them. 
However,  the  Government  rejected  other  allegations  in  the  Amnesty  report. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Prior  to  1994,  the  Constitution  stated  that  "no  discrimination  shall  be  practiced 
due  to  sex,  color,  racial  origin,  language,  occupation,  social  status,  or  religious  be- 
liefs." However,  as  amended  in  1994,  the  Constitution  now  states  that  "all  citizens 
are  equal  in  general  rights  and  duties".  Discrimination  based  on  race,  sex,  disability, 
and,  to  lesser  extent,  religion,  exists. 

Women. — Although  spousal  abuse  is  reportedly  common,  it  is  generally  undocu- 
mented. In  Yemen's  traditional  society,  an  abused  woman  would  be  expected  to  take 
her  complaints  to  a  male  relative  (rather  than  the  authorities),  who  would  intercede 
on  her  behalf  or  provide  her  short-term  sanctuary  if  required.  Only  recently  has  the 
press  begun  to  investigate  or  report  on  violations  of  women's  rights. 

Women  face  significant  restrictions  imposed  by  law,  social  custom,  and  religion. 
Men  are  permitted  to  take  as  many  as  four  wives,  though  few  do  so  for  economic 
reasons.  By  law  the  minimum  age  of  marriage  is  15.  However,  the  law  is  largely 
unenforced,  and  some  girls  marry  as  early  as  age  12.  The  law  stipulates  that  the 


1602 

wife's  "consent"  is  required;  "consent"  is  defined  as  "silence"  for  previously  unwed 
women  and  "pronouncement  of  consent"  for  divorced  women.  The  nusband  and  the 
wife's  guardian  (usually  her  father)  sign  the  marriage  contract;  in  the  former  south 
Yemen,  the  wife  also  signed.  The  practice  of  dowry  payments  is  widespread,  despite 
efforts  to  Umit  the  size  of  such  payments. 

The  law  stipulates  that  the  wife  must  "obey"  the  husband.  She  must  live  with  him 
at  the  place  stipulated  in  the  contract;  consummate  the  marriage;  and  not  leave  the 
home  without  his  consent.  Husbands  may  divorce  wives  without  justifying  their  ac- 
tion in  court.  Women  theoretically  also  have  the  legal  right  to  divorce.  However,  in 
practice  women  divorce  only  when  their  husbands  nave  failed  to  provide  for  them. 
Following  a  divorce,  the  family  home  and  any  children  older  than  a  certain  age  are 
often  awarded  to  the  husband.  The  divorced  woman  usually  returns  to  her  father's 
home,  or  to  the  home  of  another  male  relative.  Her  former  husband  must  continue 
to  support  her  for  another  3  months,  since  she  cannot  remarry  until  she  proves  that 
she  is  not  pregnant. 

Women  seeking  to  travel  abroad  must  obtain  permission  to  receive  a  passport  and 
to  travel  from  their  husbands  or  fathers  and  are  expected  to  be  accompanied  by 
male  relatives.  However,  this  rule  is  not  universally  applied. 

Islamic  law  permits  a  Muslim  man  to  marry  a  Christian  or  Jewish  woman,  but 
no  Muslim  woman  may  marry  outside  of  Islam.  Married  women  do  not  have  the 
right  to  confer  citizenship  on  their  foreign-bom  spouses;  they  may,  however,  confer 
citizenship  on  children  bom  in  Yemen  of  foreign-born  fathers. 

An  estimated  80  percent  of  women  are  illiterate,  compared  with  approximately  35 
percent  of  men.  The  fertility  rate  is  7.5  children  per  woman.  Most  women  have  no 
access  to  basic  health  care.  Even  where  clinics  are  available,  many  women  do  not 
use  them  because  their  male  relatives,  or  they  themselves,  refuse  to  allow  a  male 
doctor  to  examine  them. 

In  general,  women  in  the  south  are  better  educated  and  have  had  somewhat 
greater  employment  opportunities  than  their  northern  counterparts.  Since  the  1994 
civil  war,  however,  the  number  of  working  women  in  the  south  appears  to  have  de- 
clined, in  part  due  to  the  stagnant  economy,  but  also  because  of  increasing  cultural 
pressure  from  the  north. 

A  Government-sponsored  women's  association  promotes  female  education  and 
civic  responsibilities,  and  a  NGO  also  has  been  established  for  the  same  purpose. 
Several  women's  groups  are  in  the  process  of  forming  and  registering  with  the  Gov- 
ernment. 

Children. — While  the  Government  has  asserted  its  commitment  to  protecting  chil- 
dren's rights,  it  lacks  the  resources  necessary  to  ensure  adequate  health  care,  edu- 
cation, and  welfare  services  for  children.  The  U.N.  Development  Program  estimates 
that  30  percent  of  children  are  malnourished.  The  infant  mortality  rate  is  106 
deaths  per  1000  births. 

The  law  provides  for  universal  free  education  for  9  years,  but  this  provision  is  not 
enforced.  Many  children,  especially  girls,  do  not  attend  primary  school.  Some  rural 
areas  have  no  schools  for  their  school-age  population. 

Child  marriage  is  common,  especially  in  rural  areas.  Although  the  law  requires 
that  a  girl  be  15  years  old  to  marry,  it  is  not  enforced.  Marriages  of  12-year-ola  girls 
are  not  unusual. 

Female  genital  mutilation  (FGM),  which  is  widely  condemned  by  international 
health  experts  as  damaging  to  both  physical  and  psychological  health,  is  practiced 
by  some  Yemenis,  including  those  of  African  origin,  living  mainly  in  the  Red  Sea 
coastal  areas.  It  is  rarely  reported  among  the  Shafai  religious  sect,  and  adherents 
of  the  Zaydi  sect  reputedly  do  not  practice  it  at  all.  According  to  a  1992  report  is- 
sued by  a  European  researcher,  the  practice  is  "prevalent"  in  Tihama  province  in 
southwest  Yemen,  "widely  reported"  for  the  Hadramaut  area  along  the  southern 
coast,  "spotty"  elsewhere,  and  "totally  absent"  from  the  inland  highlands  and  desert 
areas.  Tne  European  report  describes  the  procedure  in  Yemen  as  mainly  confined 
to  excision,  with  infibulation  being  practiced  only  among  east  African  immigrants 
and  refugees.  While  some  government  health  workers  actively  and  publicly  discour- 
age the  practice,  the  Government  has  not  passed  legislation  to  outlaw  it,  nor  have 
women's  groups  adopted  the  problem  as  a  major  concern. 

People  With  Disabilities. — There  are  distinct  social  prejudices  against  persons 
with  mental  and  physical  disabilities.  The  disabled  often  face  discrimination  in  edu- 
cation and  employment.  The  Government  has  not  enacted  legislation  or  otherwise 
mandated  accessibility  for  the  disabled,  nor  provided  special  clinics  or  schools  for 
them.  Many  disabled  persons  are  reduced  to  begging  in  order  to  support  themselves. 
Mentally  ill  patients,  particularly  those  who  commit  crimes,  are  imprisoned  and 
even  shacklea  when  there  is  no  one  to  care  for  them.  Since  1995,  the  ICRC,  in  co- 
operation with  the  Yemeni  Red  Crescent  Society,  has  constructed  and  staffed  sepa- 


1603 

rate  detention  facilities  for  mentally  disabled  prisoners.  These  new  facilities  are  lo- 
cated in  Sanaa,  Ibb,  and  Taiz,  and  collectively  can  care  for  a  population  of  300  per- 
sons. 

Religious  Minorities. — ^Apart  from  a  small  but  undetermined  number  of  Christians 
and  Hindus  in  Aden,  and  a  few  Baha'is  in  the  north,  Jews  are  the  only  indigenous 
rehgious  minority.  Their  numbers  have  diminished  significantly  due  to  voluntary 
emigration.  Although  the  law  makes  no  distinction,  Jews  are  traditionally  restricted 
to  Uvine  in  one  section  of  a  city  or  village  and  are  often  confined  to  a  limited  choice 
of  employment,  usually  farming  or  handicrafts.  Jews  may,  and  do,  own  real  prop- 
erty. 

Christian  clergy  who  minister  to  the  foreign  community  are  employed  in  teaching, 
social  services,  and  health  care. 

A  hospital  in  Jibla  operated  by  the  Baptist  Church  in  the  past  experienced  occa- 
sional threats  and  harassment  from  local  Islamic  extremists  who  feared  that  the 
hospital  might  be  used  to  spread  Christianity.  There  were  no  reports  of  harassment 
against  the  nospital  in  1997. 

National / Racial/ Ethnic  Minorities. — Yemenis  with  a  non-Yemeni  parent,  called 
"Muwalladin",  may  face  discrimination  in  employment  and  in  other  areas.  Persons 
seeking  employment  at  Sanaa  University  or  admission  to  the  military  academy 
must  by  law  demonstrate  that  they  have  two  Yemeni  parents.  Nonetheless,  many 
senior  government  officials,  including  Members  of  Parliament  and  ministers,  have 
only  one  Yemeni  parent.  In  some  cases,  naturalization  of  the  non-Yemeni  parent  is 
sufficient  to  overcome  the  "two-Yemeni  parent"  requirement. 

A  small  group  of  persons  claiming  to  be  the  descendants  of  ancient  Ethiopian  oc- 
cupiers of  Yemen,  who  were  later  enslaved,  are  considered  the  lowest  social  class. 
Known  as  the  "akhdam"  (servants),  they  live  in  squalor  and  endure  persistent  social 
discrimination. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  that  citizens  have  the 
right  to  form  unions.  A  1995  labor  law  governs  labor  relations.  Workers  have  the 
right  to  strike.  The  law  provides  equal  labor  rights  for  women,  and  it  renews  the 
freedom  of  workers  to  associate.  The  Labor  Law  does  not  stipulate  a  minimum 
membership  for  unions,  nor  does  it  limit  them  to  a  specific  enterprise  or  firm.  Thus, 
citizens  may  now  associate  by  profession  or  trade. 

The  Yemeni  Confederation  of  Labor  Unions  (YCLU)  remains  the  sole  national  um- 
brella organization.  The  YCLU  claims  350,000  members  in  15  unions  and  denies 
any  association  with  the  Government,  although  it  works  closely  with  the  Govern- 
ment to  resolve  labor  disputes  through  negotiation.  Observers  suggest  that  the  Gov- 
ernment likely  would  not  tolerate  the  establishment  of  an  alternative  labor  federa- 
tion unless  it  believed  it  to  be  in  its  best  interests. 

By  law,  civil  servants  and  public  sector  workers,  and  some  categories  of  farm 
workers,  may  not  join  unions.  Only  the  General  Assembly  of  the  Yemeni  Confed- 
eration of  Labor  Unions  may  dissolve  unions. 

In  1997  there  were  two  brief  strikes  by  pilots  and  ground  personnel  of  Yemenia, 
the  national  airline. 

The  YCLU  is  affiliated  with  the  Confederation  of  Arab  Trade  Unions  and  the  for- 
merly Soviet-controlled  World  Federation  of  Trade  Unions. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  1996  Labor  Law  provides 
workers  with  the  right  to  organize  and  bargain  collectively.  All  collective  bargaining 
agreements  must  b^  deposited  with  and  reviewed  by  the  Ministry  of  Labor;  such 
agreements  exist.  Unions  may  negotiate  wage  settlements  for  their  members  and 
can  resort  to  strikes  or  other  actions  to  achieve  their  demands. 

The  law  protects  employees  from  antiunion  discrimination,  employers  do  not  have 
the  right  to  dismiss  an  employee  for  union  activities.  Employees  may  appeal  cases 
of  antiunion  discrimination  to  the  ministry  of  labor.  Employees  may  also  take  a  case 
to  the  labor  courts,  which  are  often  favorably  disposed  toward  workers  especially  if 
the  employer  is  a  foreign  company. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor.  There  were  no  reports  of  its  practice.  The  law  does  not  specifi- 
cally prohibit  forced  or  bonded  labor  by  children,  but  such  practices  are  not  known 
to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Child 
labor  is  common,  especially  in  rural  areas.  Many  children  are  compelled  to  work  in 
subsistence  farming  by  virtue  of  the  substandard  economic  situations  of  their  fami- 
lies. Even  in  urban  areas,  children  may  be  observed  working  in  stores  and  work- 
shops, selling  goods  on  the  streets,  and  begging.  The  law  does  not  specifically  pro- 


1604 

hibit  forced  or  bonded  labor  by  children,  but  such  practices  are  not  known  to  occur 
(see  Section  6.c.). 

The  established  minimum  age  for  employment  is  15  in  the  private  sector  and  18 
in  the  public  sector.  By  special  permit,  children  between  the  ages  of  12  and  15  may 
work.  The  Government  rarely  enforces  these  provisions,  especially  in  rural  and  re- 
mote areas.  The  Government  also  does  not  enforce  the  laws  regarding  compulsory 
education  for  children,  and  the  likelihood  that  many  school-age  children  are  working 
instead  of  attending  school  is  high. 

According  to  a  1994  survey  undertaken  by  the  Ministry  of  Labor,  the  number  of 
children  (between  the  ages  10  and  14)  engaged  in  work  was  more  than  79,000  boys 
and  35,000  girls.  Experts  believe  that  the  number  has  grown  substantially  since  the 
survey  was  taken. 

e.  Acceptable  Conditions  of  Work. — There  is  no  established  minimum  wage  for  any 
type  of  employment  in  Yemen.  The  Labor  Law  states  that  "it  shall  not  be  permis- 
sible that  tne  minimal  level  of  the  wage  of  a  worker  should  be  less  than  the  minimal 
level  of  wages  of  government  civil  servants." 

According  to  the  Ministry  of  Labor,  the  average  minimum  wage  of  civil  servants 
for  1994-1995  was  approximately  $45  to  $53  (6,000-7,000  rials)  per  month.  Private 
sector  woricers,  especially  skilled  technicians,  do  far  better.  A  combination  of  infla- 
tion, the  loss  of  government-provided  subsidies,  and  an  erosion  in  the  exchange 
value  of  the  national  currency  has  substantially  eroded  wages  during  the  past  few 
years. 

The  law  specifies  a  40-hour  workweek  with  a  maximum  8-hour  workday,  but 
many  workshops  and  stores  operate  10-  to  12-hour  shifts  without  penalty.  The  woric- 
week  for  government  employees  is  35  hours,  6  hours  per  day  Saturday  through 
Wednesday,  and  5  hours  on  Thursday. 

Workers  have  the  right  to  remove  themselves  from  dangerous  work  situations  and 
can  challenge  dismissals  in  court.  The  Ministry  of  Labor  has  the  responsibility  for 
regulating  workplace  health  and  safety  conditions.  However,  according  to  an  August 
newspaper  interview  given  by  a  senior  official  in  the  Ministry  of  Labor,  the  requisite 
legislation  for  regulating  occupational  health  is  nonexistent.  The  official  reported 
that  many  workers  regularly  are  exposed  to  toxic  industrial  products.  Some  foreign- 
owned  companies  implement  higher  health,  safety,  and  environmental  standards 
than  the  Government  requires. 


SOUTH  ASLA. 


AFGHANISTAN 

Afghanistan  in  1997  continued  to  experience  civil  war  and  political  instability.  ^ 
There  was  no  central  government.  The  Pashtun-dominated  ultra-conservative  Is- 
lamic movement  known  as  the  Taliban  controlled  over  two-thirds  of  the  country,  in- 
cluding Kabul,  the  capital  and  largest  city.  General  Abdul  Rashid  Dostam,  an  ethnic 
Uzbek,  controlled  several  north-central  provinces,  having  driven  out  his  rival  Uzbek 
commander.  General  Abdul  Malik.  The  Hezb-i-Wahdat  Taction  led  by  Usted  Karim 
Khaiili,  composed  of  the  Shi'a  Hazara  ethnic  minority,  controlled  Bamiyan  and  parts 
of  eight  surrounding  provinces  in  the  mountainous  center  of  the  country,  which  is 
known  as  the  Hazaraiat.  Former  President  Burhanuddin  Rabbani  and  his  military 
commander,  Ahmed  Shah  Masood,  both  Tajiks,  controlled  only  three  northeastern 
provinces.  Masood's  forces,  however,  continue  to  threaten  Taliban-held  Kabul  and 
remain  within  rocket  range  of  the  city.  At  year's  end,  there  was  a  rough  military 
stalemate  following  the  failure  of  the  Taliban  to  take  Mazar-i -Sharif,  the  last  major 
city  remaining  outside  of  their  control,  on  two  separate  occasions.  The  Taliban,  how- 
ever, remained  the  country's  primary  military  force. 

Years  of  conflict  have  left  hundreds  of  thousands  of  Afghans  as  internally  dis- 
placed persons,  and  more  than  2.4  million  live  outside  the  country  as  refugees.  Al- 
though the  continued  fighting  has  discouraged  many  refugees  irom  returning  to 
their  country,  84,400  returned  in  1997. 

'nie  U.N.  Special  Mission  to  Afghanistan,  headed  by  Norbert  Holl,  was  unable  to 
secure  a  ceasefire  among  the  factions,  despite  intense  effort.  Holl  announced  plans 
to  resign  at  the  end  of  the  year  and  a  replacement  has  not  yet  been  named.  In  Au- 
gust the  U.N.  Secretary  General  appointed  Algerian  diplomat  Lakhdar  Brahimi  as 
nis  Special  Envoy  for  Afghanistan.  Brahimi  has  engaged  in  extensive  discussions 
with  the  Afghan  parties  and  other  interested  nations.  In  October  he  convoked  a 
group  of  representatives  from  the  six  nations  bordering  Afghanistan  plus  the  United 
States  and  Russia  to  look  at  ways  in  which  to  end  the  conflict.  His  efforts  continue. 

There  is  no  constitution,  rule  of  law,  or  independent  judiciary.  Former  President 
Rabbani  claimed  to  be  the  head  of  the  Government  and  controlled  most  of  the  coun- 
try's embassies  abroad  and  retained  Afghanistan's  U.N.  seat  after  the  U.N.  General 
Assembly  deferred  a  decision  on  Afghanistan's  credentials.  In  October  the  Taliban 
changed  the  name  of  the  country  to  the  Islamic  Emirate  of  Afghanistan,  with 
Mullah  Omar,  who  had  previously  assumed  the  religious  title  of  Emir  of  the  Faith- 
ful, as  head  of  state.  There  is  a  six-member  ruling  council  in  Kabul  but  ultimate 
authority  for  Taliban  rule  rested  in  the  Taliban's  inner  Shura  (Council),  located  in 
the  southern  city  of  Kandahar,  and  in  Mullah  Omar.  In  Taliban  areas,  strict  and 
oppressive  order  is  imposed  and  stiff  punishments  for  crimes  prevail.  Several  pro- 
vincial administrations  maintained  limited  functions  but  civil  institutions  were 
mostly  nonexistent.  There  was  some  administration  in  the  areas  under  the  control 
of  Dostam  or  Hezb-i-Wahdat,  but  law  and  order  is  enforced,  largely  arbitrarily,  by 
local  commanders.  The  ethnic  Tajik-majority  areas  of  the  northeast  were  controlled 
by  Masood's  commanders  and  his  political  organization. 

Agriculture,  including  high  levels  of  opium  poppy  cultivation,  was  the  mainstay 
of  the  economy.  Afghanistan  remained  the  second  largest  opium  producer  in  the 
world.  Lack  of  resources  and  the  war  have  impeded  reconstruction  of  irrigation  sys- 
tems, repair  of  market  roads,  and  replanting  of  orchards  in  some  areas.  The  pres- 
ence of  an  estimated  10  million  land  mines  has  restricted  areas  for  cultivation  and 
slowed  the  return  of  refugees  who  are  needed  to  rebuild  the  economy.  The  laying 
of  new  mine  fields,  reportedly  mostly  by  the  Northern  Alliance,  exacerbated  an  al- 
ready difficult  situation.  Trade  was  mainly  in  fruits,  minerals,  and  gems,  as  well 


^The  American  Embassy  in  Kabul  has  been  closed  for  security  reasons  since  January,  1989. 
Information  on  the  human  rights  situation  is  therefore  limited. 

(1605) 


1606 

as  goods  smuggled  to  Pakistan.  There  are  also  rival  currencies,  both  very  inflated. 
Formal  economic  activity  remained  minimal  and  was  inhibited  by  recurrent  fighting 
and  roads  blocked  by  local  commanders.  These  blockages  were  removed  in  territory 
taken  by  the  Taliban.  Reconstruction  was  continuing  in  Herat,  Kandahar,  and 
Ghazni,  areas  which  are  under  firm  Taliban  control.  Reconstruction  in  some  north- 
em  areas,  including  Balkh  province,  was  largely  reversed  by  fighting  during  the 
summer  and  fall.  The  northern  areas  all  suffered  from  brigandage. 

The  overall  human  ri^ts  situation  is  poor.  Serious  human  ri^ts  violations  con- 
tinued to  occur  and  citizens  were  precluded  from  changing  their  government  peace- 
fully. Political  killings,  torture,  rape,  arbitrary  detention,  looting,  abductions  and 
kidnapings  for  ransom  were  committed  by  armed  units,  local  commanders,  and 
rogue  individuals.  Fhnson  conditions  were  poor.  Various  factions  infringed  on  citi- 
zens' privacy  rights.  Summary  justice  was  common.  The  Taliban's  Islamic  courts 
and  religious  police,  the  Department  to  Propagate  Virtue  and  Eliminate  Vice,  en- 
forced their  extreme  interpretation  of  Islamic  punishments,  such  as  public  execu- 
tions for  adultery  or  murder  and  amputations  of  one  hand  and  one  foot  for  theft. 
For  other  infractions,  Taliban  militiamen  often  decided  right  or  wrong  and  meted 
out  punishments  such  as  beatings  on  the  spot.  Civil  war  conditions  and  the  unfet- 
tered actions  of  competing  factions  efliectively  limited  the  freedoms  of  speech,  press, 
assembly,  association,  religion,  and  movement. 

Both  Taliban  and  anti-Taliban  forces  were  responsible  for  the  indiscriminate  bom- 
bardment of  civilian  areas.  Taliban  forces  fired  rockets  and  shelled  Mazar-i-Sharif, 
reportedly  causing  hundreds  of  casualties.  Dostam's  forces  bombed  Kabul  in  Janu- 
ary, and  Masood's  forces  continue  to  bombard  Kabul,  though  probably  with  less  ef- 
fect. 

Violence  against  women  remained  a  problem,  although  the  imposition  of  Taliban 
control  in  rural  areas  resulted  in  reduced  incidents  of  rape,  kidnaping,  and  forced 
marriage.  There  was  widespread  discrimination  against  women  and  girls,  and  the 
condition  of  women  and  girls  in  Herat  and  Kabul,  poor  to  begin  with,  worsened  sig- 
nificantly after  the  Taliban  captured  these  cities  in  1995  and  1996.  The  Taliban  im- 
posed strict  dress  codes  and  prohibited  women  from  working  outside  the  home  ex- 
cept in  limited  circumstances  in  the  health  care  field.  Girls  generally  were  prohib- 
ited from  attending  school  in  Kabul  and  other  urban  areas,  however,  the  Taliban 
continued  to  permit  a  few  girls'  schools  to  operate  in  Kandahar.  However,  the  impo- 
sition of  Taliban  control  in  rural  areas  resulted  in  reduced  incidents  of  rape,  kidnap- 
ing, and  forced  marriage.  Worker  rights  were  not  defined. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  a  number  of  politically 
motivated  killings  by  several  parties.  The  world  press  reported  the  discovery  in  No- 
vember of  mass  graves  near  Shibarghan  in  northern  Afghanistan,  which  contained 
an  alleged  2000  corpses,  reportedly  of  Taliban  forces  captured  near  Mazar-i-Sharif 
in  May  and  executed  by  Northern  Alliance  forces.  The  U.N.  and  the  International 
Committee  of  the  Red  Cross  (ICRC)  were  continuing  an  investigation  at  year's  end. 

Intrafactional  fighting  between  forces  loyal  to  Malik  and  those  loyal  to  Dostam 
reportedly  resulted  in  some  deaths  before  Dostam's  forces  expelled  Malik  from  the 
country.  Dostam  and  Malik  have  an  ongoing  dispute  and  Malik  suspects  Dostam  of 
complicity  in  the  death  of  his  brother,  Rasul  Pahlawan,  in  June  1996.  Some  of 
Masood's  commanders  reportedly  tortured  persons  to  death  (see  Section  I.e.). 

In  other  areas,  combatants  sought  to  kill  rival  commanders  and  their  sympathiz- 
ers. The  perpetrators  of  these  killings  and  their  motives  were  difficult  to  identify, 
as  political  motives  are  often  entwined  with  family  and  tribal  feuds,  battles  over  the 
drug  trade,  and  personal  vendettas. 

The  Taliban  used  swift  summary  trials  and  implemented  strict  punishments  ac- 
cording to  Islamic  law;  the  Taliban  ordered  public  executions  and  death  by  stoning 
(see  Sections  I.e.  and  I.e.).  In  October  Taliban  militia  displayed  the  corpses  of  four 
former  Taliban  fighters  at  two  Kabul  intersections  hanging  from  beams  about  10 
feet  off  the  ground.  They  had  been  executed  for  accepting  bribes  from  the  opposition 
and  money  was  stuffed  in  their  mouths  and  nostrils  and  draped  around  their  necks. 
One  corpse  reportedly  was  visibly  bruised  and  bloodied.  This  was  reminiscent  of  the 
September  1996  public  execution  of  former  Afghan  leader  NajibuUah  and  his  broth- 
er by  Taliban  forces  when  they  occupied  KabuL 

b.  Disappearance. — Abductions,  kidnapings,  or  hostage-taking  for  ransom  or  politi- 
cal reasons  occurred  in  non-Taliban  areas,  but  specific  information  was  lacking.  The 
strict  security  enforced  by  the  Taliban  in  areas  under  their  control  has  resulted  in 
a  decrease  in  such  crimes. 


1607 

There  were  unconfirmed  reports  of  girls  and  young  women  being  kidnaped  by 
local  commanders.  Some  of  the  women  were  then  reportedly  forced  to  marry  their 
kidnapers.  Others  simply  remained  missing.  To  avoid  this  danger,  some  families  re- 
portedly sent  their  daughters  to  Pakistan  or  to  Iran.  Some  families  also  sent  girls 
abroad  for  education  in  order  to  evade  the  Taliban's  prohibitions  on  females  attend- 
ing school  in  most  urban  areas  (see  Section  5). 

Groups  in  Russia  listed  nearly  300  Soviet  soldiers  formerly  serving  in  Afghanistan 
as  missing  in  action  or  prisoners  of  war  (POW's).  Most  were  thought  to  be  dead  or 
to  have  voluntarily  assimilated  into  Afghan  society,  though  some  are  alleged  to  be 
held  against  their  will.  A  number  of  persons  from  the  former  Soviet  Union  missing 
from  the  period  of  the  Soviet  occupation  are  presumed  dead. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
All  Afghan  factions  are  believed  to  have  used  torture  against  opponents  and  POWs, 
though  specific  information  is  generally  lacking.  Torture  does  not  appear  to  be  a 
routine  practice  in  all  cases.  Some  of  Masood's  commanders  in  the  north  reportedly 
used  torture  routinely  to  extract  information  from  and  break  the  will  of  prisoners 
and  political  opponents;  some  of  the  victims  were  said  to  have  been  tortured  to 
death. 

The  Taliban  ruled  strictly  in  areas  they  controlled,  establishing  ad  hoc  and  rudi- 
mentary judicial  systems.  Taliban  courts  imposed  their  extreme  interpretation  of  Is- 
lamic laws  and  punishments  following  swift  summary  trials.  Murderers  were  sub- 
jected to  public  executions  (see  Section  l.a.)  and  thieves  had  a  limb  or  two  (one 
hand,  one  foot)  severed.  Adulterers  were  stoned  to  death. 

Prison  conditions  are  poor.  Prisoners  held  by  some  factions  are  not  given  food,  as 
normally  this  is  the  responsibility  of  prisoners'  relatives  who  are  allowed  to  visit  to 
provide  them  with  food  once  or  twice  a  week.  Those  who  have  no  relatives  have  to 
petition  the  local  council  or  rely  on  other  inmates.  Prisoners  live  in  collective  cells. 

There  are  credible  reports  that  torture  occurred  occasionally  in  prisons  under  the 
control  of  both  the  Taliban  and  the  Northern  Alliance.  Local  authorities  maintain 
prisons  in  territories  under  their  control  and  established  torture  cells  in  some  of 
them.  The  Taliban  operate  prisons  in  Kandahar,  Herat,  Kabul,  and  Jalalabad.  There 
are  also  prisons  in  the  north  in  Mazar-i-Sharif  and  Faizabad,  Badakhshan  province. 
According  to  Amnesty  International  (AI),  there  were  unconfirmed  reports  that  some 
Taliban  prisoners  held  by  Masood  have  been  forced  to  labor  in  life-tnreatening  con- 
ditions, such  as  digging  trenches  in  mined  areas. 

During  1997  the  U.N.  Special  Rapporteur  for  Human  Rights  in  Afghanistan  vis- 
ited prisoners  in  Taliban-run  jails  in  Kandahar  and  Kabul.  He  also  visited  prisoners 
in  the  north  in  the  National  Islamic  Movement  of  Afghanistan  (NIMA)-controlled 
area.  Taliban  authorities  allowed  the  ICRC  to  visit  detainees  in  areas  under  their 
control,  but  such  visits  were  curtailed  by  the  NEMA  faction  controlled  by  General 
Malik  of  the  Northern  Alliance.  However,  by  the  end  of  1997,  with  Malik's  depar- 
ture from  Afghanistan,  all  major  Northern  Alliance  factions  allowed  the  ICRC  ac- 
cess to  their  prisoners.  The  ICRC  assisted  the  factions  in  improving  sanitary  condi- 
tions in  the  mnsons,  providing  medicine  and  medical  supplies  and  distributing  win- 
ter clothing.  The  ICRC  reportedly  has  information  on  about  5,700  prisoners  held  by 
the  warring  factions  and  performed  about  8,000  prisoners  visits  during  1997,  some- 
times seeing  the  same  prisoners  more  than  once. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — With  the  absence  of  formal  legal  and  law 
enforcement  institutions,  justice  was  not  administered  according  to  formal  legal 
codes.  There  are  credible  reports  of  both  Taliban  and  Northern  Alliance  militia  ex- 
torting bribes  from  civilians  in  return  for  their  release  from  prison  or  freedom  from 
arrest.  Judicial  and  police  procedures  varied  from  locality  to  locality.  Little  is  known 
about  the  procedures  for  taking  persons  into  custody  and  bringing  them  to  justice. 
In  both  Taliban  and  non-Taliban  areas,  the  practices  varied  depending  on  the  local- 
ity, the  local  commanders,  and  other  authorities.  Some  areas  have  more  of  a  judicial 
structure  than  others. 

There  are  reliable  reports  of  individuals  detained  by  both  the  Northern  Alliance 
and  the  Taliban  because  of  their  ethnic  origins  and  suspected  sympathy  with  oppo- 
nents. In  August  Taliban  police  in  Kabul  raided  a  minority  neighborhood  and  re- 
portedly arrested  over  100  men,  claiming  that  they  were  loyal  to  Masood.  Taliban 
officials  denied  that  the  men  were  arrested  because  of  their  ethnic  status,  but  sev- 
eral observers  reported  that  mass  arrests  of  Uzbeks,  Hazara,  and  Tajiks  on  sus- 
picion of  fifth  column  activities  increased  in  frequency  during  this  period. 

There  also  have  been  reported  instances  of  the  forcible  expulsion  of  individuals 
on  ethnic  grounds.  The  Taliban  reportedly  expelled  the  inhabitants  of  the  town  of 
Charikar  in  January,  forced  villagers  from  the  Shomali  valley  in  June,  and  report- 
edly ordered  the  removal  of  1,500  Hazara  villagers  near  Ghazni  in  December.  Some 


45-909    98-52 


i:o' 

observers  expressed  fear  about  persecution  of  northern  Pashtun  in  retaliation  for 
northern  Pasntun  coi  imanders  allying  themselves  with  the  Taliban. 

Political  detaineei-  probably  are  held  by  all  factions,  but  no  firm  numbers  are 
available.  The  Taliban  claimed  to  have  freed  over  3,000  prisoners  during  the  past 
3  years.  In  November  the  ICRC  reported  th  it  600  former  Rabbani/Masood  soldiers 
were  held  by  the  Taliban.  Masood  reportedly  holds  several  hundred  Taliban  soldiers 
as  POW's  "3  well  as  a  number  of  Pakistanis.  There  were  many  prisoner  releases 
during  November  and  Decerrber;  Dostam  freed  over  600  Taliban  prisoners,  and 
there  were  limited  exchanges  occurring  between  Masood,  Khalili,  and  the  Taliban. 

e.  Denial  of  Fair  Public  Trial. — ^With  no  functioning  nationwide  judicial  system, 
many  municipal  and  provincial  authorities  relied  on  some  form  of  Shari'a  (Islamic) 
law  and  traditional  tribal  codes  of  justice. 

Little  is  known  about  the  administration  of  justice  in  the  areas  controlled  by 
Dostam  and  Rabbani/Masood  in  the  northern  provinces.  The  administration  and  im- 
plementation of  justice  varied  from  area  to  area  and  depended  on  the  whims  of  local 
commanders  or  other  authorities,  who  sunrunarily  execute,  torture,  and  mete  out 
punishments  without  reference  to  any  other  authority. 

The  Taliban  have  Islamic  courts  in  areas  under  their  control  to  judge  criminal 
cases  and  resolve  disputes.  These  courts  meted  out  punishments  including  execution 
and  amputation.  These  courts  reportedly  heard  cases  in  sessions  that  lasted  only  a 
few  minutes.  The  courts  reportedly  dealt  with  all  complaints,  relying  on  Islamic  law 
and  punishments  as  well  as  traditional  tribal  customs  (see  Section  I.e.).  In  cases  in- 
volving murder  and  rape,  convicted  prisoners  generally  were  ordered  executed  by 
relatives  of  the  victim  (see  Section  l.a.),  who  could  instead  choose  to  accept  other 
restitution.  Decisions  of  the  courts  were  reportedly  final. 

Shi'a  Islamic  legal  norms  reportedly  are  imposed  in  the  Hazaraiat  in  central  Af- 
ghanistan. Accorcfing  to  the  October  report  of  the  U.N.  Special  Rapporteur  for 
Human  Rights  in  Afghanistan  (see  Section  4),  the  Shi'a  Unity  Party  (Hezb-i- 
Wahdat)  in  Bamiyan  province  has  established  a  Judicial  Committee.  The  Committee 
has  a  prosecutor's  ofiice  composed  of  three  branches  for  political,  military,  and  social 
offenders.  There  were  also  courts  of  the  first  and  the  final  instance. 

All  factions  probably  hold  political  prisoners,  but  no  firm  estimates  of  numbers 
are  available. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — Inter- 
factional  fighting  often  resulted  in  the  homes  and  businesses  of  civilians  being  in- 
vaded and  looted  by  the  opposing  forces — whether  victor  or  loser.  Armed  gunmen 
reportedly  acted  with  impunity  given  the  absence  of  any  legal  protection  from  the 
law  or  a  responsive  police  force.  There  were  confirmed  reports  oi  massive  looting  by 
Northern  Alliance  forces  of  private,  U.N.  and  NGO  property  during  the  fighting  in 
the  area  of  Mazar-i-Sharif  in  September  and  October.  It  also  was  unclear  what  au- 
thority controlled  the  actions  of  Taliban  militiamen  who  patrolled  the  streets  of 
cities  and  towns.  A  number  of  incidents  were  reported  in  which  Taliban  soldiers  or 
persons  masquerading  as  Taliban  entered  private  homes  without  prior  notification 
or  informed  consent  in  Kabul,  Herat,  Kanaahar,  and  elsewhere.  In  Kabul  the  sol- 
diers allegedly  were  searching  homes  for  evidence  of  cooperation  with  the  former  au- 
thorities or  for  violations  of  Taliban  religious-based  decrees,  including  depictions  of 
living  things  (photographs,  stuffed  toys,  etc.)  Individuals  were  beaten  on  tne  streets 
by  Taliban  militia  for  what  were  deemed  infractions  of  Taliban  rules  concerning 
dress,  hair  length,  and  facial  hair,  as  well  as  for  restriction  on  women  being  in  the 
company  of  men.  The  Taliban  required  women  to  wear  strict  Islamic  garb  in  public 
(see  Section  5). 

It  was  reported  that  some  prisoners  of  the  Taliban,  including  young  sons  of  fami- 
lies that  had  opposed  Taliban  social  restrictions,  had  been  forcibly  drafted  and  sent 
to  the  front.  There  were  also  unconfirmed  reports  in  July  and  August  of  youths 
being  rounded  up  and  sent  into  combat. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— On  September  11  and  13  Masood's  forces  fired  rockets  in  heavy  attacks  on 
Kabul  and  struck  civilian-inhabited  areas.  Several  noncombatants  were  killed,  in- 
cluding a  10-year-old  girl,  and  many  more  were  wounded.  Dostam's  planes  dropped 
several  cluster  bombs  on  Kabul  on  January  5,  killing  and  injuring  several  persons. 
Taliban  bombardment  of  Mazar-i-Sherif  during  the  fighting  there  also  caused  civil- 
ian casualties,  as  did  the  Taliban  attack  upon  Hayratan,  on  the  Amu  Darya  River. 
During  this  attack,  some  Taliban  rockets  overshot  their  target  and  fell  on  a  suburb 
of  the  Uzbek  city  of  Termez,  across  the  border,  killing  two  civilians  and  wounding 
others.  The  Taliban  also  bombed  Bamiyan  airport  on  December  31,  an  attack  that 
led  the  United  Nations  to  suspend  its  food  airlift  to  the  Hazarajat. 

The  U.N.  Special  Rapporteur  is  investigating  reports  of  a  September  14  massacre 
of  Hazara  villagers  near  Mazar-i-Sharif  in  which  about  70  civilians  were  killed.  Eye- 


1609 

witnesses  reported  numerous  atrocities  by  Taliban  forces.  The  Taliban  denied  these 
charges  and  claimed  that  civilian  deaths,  if  any,  resulted  from  combat.  The  Special 
Rapporteur  also  is  investigating  the  massacre  of  Taliban  POWs  and  others  by 
Northern  Alliance  forces  after  the  May  fighting  near  Mazar-i-Sharif. 

There  were  reports  in  November  that  the  Taliban-imposed  blockade  on  the 
Hazarajat  region  ruled  by  Hezb-i-Wahdat  had  pushed  the  population  (of  about  1 
million)  to  the  "verge  of  starvation,"  according  to  U.N.  sources.  The  U.N.  had  hoped 
to  supply  the  region  from  the  north,  but  U.N.  food  stocks  in  Mazar-i-Sharif  had  been 
looted  during  the  fighting  in  September  and  October  and  convoys  from  the  north 
also  had  been  blocked  or  were  in  danger  of  being  looted  by  individual  Northern  Alli- 
ance commanders.  The  passes  were  expected  to  oe  closed  during  the  winter,  further 
aggravating  the  situation.  Many  families  reportedly  were  leaving  the  area  following 
the  Taliban's  refusal  to  lift  the  blockade,  further  adding  to  the  problem  of  internal 
displacement.  The  Taliban  have  said  that  they  would  provide  for  the  needs  of  per- 
sons in  Herat  or  Kandahar. 

Many  hundreds  of  thousands  of  Afghans  remain  internally  displaced  persons  fol- 
lowing years  of  fighting.  More  than  2.4  million  others  have  sought  refuge  abroad. 

The  Afghan  countryside  remains  plagued  by  an  estimated  10  million  land  mines 
sown  during  and  since  the  Soviet  occupation.  Some  400,000  Afghans  have  been 
killed  or  wounded  by  the  mines.  Some  80  percent  of  the  land  mine  casualties  are 
civilian  and  40  to  50  percent  are  women  and  children.  With  funding  from  inter- 
national donors,  the  United  Nations  has  organized  and  trained  mine  detection  and 
clearance  teams,  which  operated  throughout  the  country.  Nevertheless,  the  mines 
are  expected  to  pose  a  threat  for  years  to  come  and  the  4,000  mine  clearers  suffer 
an  accident  rate  of  one  per  week.  There  were  reliable  reports  of  minelaying  activi- 
ties, largely  by  the  Northern  Alliance.  U.N.  agencies  and  nongovernmental  organiza- 
tions (iNGO's)  have  instituted  a  number  of  mine  awareness  campaigns  and  edu- 
cational programs  for  women  and  children  in  various  parts  of  the  country,  but  many 
were  curtailed  as  a  result  of  Taliban  restrictions  on  women  and  girls. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — There  are  no  laws  efTectively  providing  for  free- 
dom of  speech  and  the  press.  Senior  officials  of  various  warring  factions  allegedly 
attempted  to  intimidate  reporters  and  influence  their  reporting.  The  few  news- 
papers, all  of  which  were  published  only  sporadically,  were  for  the  most  part  affili- 
ated with  different  factions.  The  various  factions  maintain  their  own  communica- 
tions facilities.  The  Taliban  took  over  the  pro-Rabbani  radio  service  in  Kabul  and 
renamed  it  the  Voice  of  Shariat.  The  Taliban  banned  television  on  religious  grounds. 

All  factions  have  attempted  to  pressure  foreign  journalists  reporting  on  the  Af- 
ghan conflict.  The  Taliban  initially  cooperated  with  the  international  press  who  ar- 
rived in  Kabul  but  later  imposed  restrictions  upon  them.  On  September  29,  journal- 
ists accompanying  European  Union  Commissioner  Emma  Bonino,  and  the  Commis- 
sioner herself,  were  detained  for  3  hours  in  Kabul  after  they  entered  a  hospital  for 
women  and  began  filming  in  violation  of  the  Taliban  rule  against  photographing  liv- 
ing things.  The  television  crews  agreed  to  turn  over  their  cassettes  to  the  Taliban 
authorities.  A  Taliban  ofiicial  later  expressed  apologies  for  the  arrest. 

The  Taliban  reportedly  require  most  journalists  to  stay  at  the  Intercontinental 
Hotel  in  Kabul  (allegedly  for  security  and  economic  reasons).  Journalists  also  re- 
ported that  the  Taliban  attempted  to  control  who  could  act  as  drivers  and  inter- 
preters for  journalists. 

Music,  movies,  and  television  continue  to  be  prohibited  by  the  Taliban.  Television 
functioned  sporadically  in  Mazar-i-Sharif. 

The  Tahban  severely  restrict  academic  freedom,  particularly  education  for  girls 
(see  Section  5). 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Civil  war,  tenuous  security, 
and  likely  opposition  from  local  authorities  seriously  inhibited  freedom  of  assembly 
and  association. 

It  is  unknown  whether  laws  exist  governing  the  formation  of  associations.  Many 
Afghan  NGO's  remain  operating  in  the  country  (see  Section  4). 

c.  Freedom  of  Religion. — Afghanistan's  official  name,  according  to  both  the  Taliban 
(Islamic  Emirate  of  Afghanistan)  and  the  Northern  Alliance  (the  Islamic  State  of  Af- 
ghanistan), reflects  the  country's  adherence  to  Islam  as  the  state  religion.  Some  85 
percent  of  the  population  is  Sunni  Muslim,  and  Shi'a  Muslims  constitute  most  of 
the  remainder.  The  Hazara  ethnic  group  is  Shi'a;  Shi'as  are  among  the  most  eco- 
nomically disadvantaged  persons  in  the  country.  The  Shi'a  minority  want  a  national 
government  to  give  them  equal  rights  as  citizens. 

The  Taliban  sought  to  irnpose  their  extreme  interpretation  of  Islamic  observance 
in  areas  that  they  control.  The  Taliban  regularly  check  passersby  to  see  that  men's 


1610 

beards  and  apparel  meet  Taliban  requirements  and  to  ensure  that  women  are 
dressed  in  strict  Islamic  garb  (see  Section  5).  According  to  regulations,  a  man  who 
has  shaved  or  cut  his  beard  may  be  imprisoned  until  his  beard  grows  back.  Beards 
must  protrude  farther  than  would  a  fist  clamped  at  the  base  oi"  the  chin.  Several 
civil  service  employees  were  reportedly  fired  for  cutting  their  beards.  There  also  are 
credible  reports  that  Taliban  gave  forced  haircuts  to  males  in  Kabul. 

The  small  number  of  non-Muslim  residents  in  Afghanistan  may  practice  their 
faith,  but  may  not  proselytize.  Almost  all  of  the  country's  small  Hindu  and  Sikh 
population,  which  once  numbered  about  50,000,  has  emigrated  or  taken  refuge 
abroad.  Some  Taliban  leaders  claimed  tolerance  of  religious  minorities,  although 
there  reportedly  have  been  restrictions  imposed  upon  Shi'a  in  Taliban-controlled  ter- 
ritory, though  not  on  a  uniform  basis.  The  Taliban  have  declared  that  all  Muslims 
must  abide  by  the  Taliban's  interpretation  of  Islamic  law.  There  is  also  a  report  that 
a  Christian  church  in  Kabul  was  taken  over  by  Taliban  authorities  and  turned  into 
a  mosque. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— ^Although  in  principle  citizens  have  the  right  to  travel  freely  both  inside 
and  outside  the  country,  their  ability  to  travel  within  the  country  was  hampered  by 
warfare,  brigandage,  millions  of  land  mines,  a  road  network  in  a  state  of  msrepair, 
and  limited  domestic  air  service,  complicated  by  factional  threats  to  air  traffic.  De- 
spite these  obstacles,  many  people  continued  to  travel  relatively  freely,  with  buses 
plying  routes  in  most  parts  of  the  country.  Security  conditions  have  improved  along 
roads  in  Taliban-controlled  areas.  However,  due  to  intermittent  fighting  in  various 
areas,  international  aid  agencies  often  found  that  their  ability  to  travel,  work,  and 
distribute  assistance  was  hampered.  International  travel  continued  to  be  difficult  as 
both  parties  threatened  to  shoot  down  any  planes  that  overflew  areas  of  the  country 
that  tney  controlled,  without  their  permission. 

Commercial  trade  was  impeded  in  certain  non-Taliban  areas,  as  local  commanders 
continued  to  demonstrate  their  control  over  the  roads  by  demanding  road  tolls  and 
sometimes  closing  roads.  Roads  leading  to  Bamiyan  province  form  Pul-i-Khumri  re- 
portedly contain  dozens  of  checkpoints  controlled  by  local  commanders,  with  travel- 
ers sometimes  subject  to  extortion. 

There  also  have  been  reported  instances  of  the  forcible  expulsion  of  individuals 
on  ethnic  grounds.  The  Taliban  reportedly  expelled  the  inhabitants  of  the  town  of 
Charikar  in  January,  forced  villagers  from  the  Shomali  valley  in  June,  and  report- 
edly ordered  the  removal  of  1,500  Hazara  villagers  near  Ghazni  in  December.  Some 
observers  expressed  fear  about  persecution  of  northern  Pashtun  in  retaliation  for 
northern  Pashtun  commanders  allying  themselves  with  the  Taliban. 

Afghans  continued  to  form  one  of  the  world's  largest  refugee  populations.  Accord- 
ing to  the  UNHCR,  about  2.4  million  Afghans  remained  outside  the  country  in  1996 
as  registered  refugees.  Women  and  children  constituted  some  75  percent  of  the  refu- 
gee population.  There  are  1.4  million  registered  Afghan  refugees  in  Iran,  1  million 
in  Pakistan,  and  28,000  are  in  Russia.  Approximately  19,000  reside  in  parts  of  the 
former  Soviet  Union  other  than  Russia,  and  Pakistan  has  claimed  an  additional 
500,000  unregistered  Afghan  refugees  in  its  territory.  Over  3.8  million  Afghan  refu- 
gees have  been  repatriated  since  1988,  with  over  1.5  million  returning  to  Afghani- 
stan in  the  peak  year  of  1992.  A  total  of  84,400  returned  in  1997 

According  to  the  UNHCR,  the  last  remaining  18,800  refugees  from  Tajikistan 
were  repatriated  to  Tajikistan  during  the  year  with  the  cooperation  of  the  Northern 
Alliance  and  the  Government  of  Uzbekistan,  which  allowed  the  refugees  to  transit 
that  country  on  their  way  home.  Many  refugees  were  at  a  camp  near  Mazar-i-Sharif 
and  were  faced  with  food  and  water  shortages  after  the  evacuation  of  U.N.  staff  dur- 
ing the  fighting  in  the  region  in  September  and  October.  Some  refugees  were 
wounded  during  the  ongoing  conflict  in  the  region. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

There  was  no  functioning  central  government  in  the  country.  The  continuing 
struggle  for  political  power  among  the  major  armed  groups  prevented  citizens  from 
changing  their  government  or  form  of  government  peacefully  and  democratically. 
Most  political  changes  came  about  through  shifting  military  fortunes.  No  faction 
held  elections  or  respectod  the  right  to  change  government  democratically. 

The  Northern  Alliance,  headed  by  nominal  President  Rabbani,  holds  power  with 
de  facto  Defense  Minister  Masood  as  Rabbani's  primary  military  backer.  Rabbani 
received  nominal  support  from  General  Malik  (until  he  was  driven  out  of  Afghani- 
stan), from  General  Dostam,  and  the  Shi'a/Hazara  Hezb-i-Wahdat.  Rabbani  and 
Masood  control  the  northeastern,  largely  Tajik,  portion  of  the  country,  including  the 
strategic  Panjshir  valley  north  of  Kabul.  Dostam  and  Malik  share  nominal  control 


1611 

of  five  to  six  north  central  provinces,  while  the  Shi'a/Hazara  Hezb-i-Wahdat,  led  by 
KhalUi,  controls  the  Hazarajat  to  the  west  of  Kabul. 

Although  there  are  governors  and  local  councils  in  the  north,  most  power  there 
is  concentrated  in  the  hands  of  Dostam,  Malik,  Khalili,  and  their  key  commanders. 
Masood  retains  control  in  the  northeastern  ethnic  Tajik-majority  provinces  throu^ 
his  commanders  and  political  organization.  The  Taliban  controlled  the  remaining 
two-thirds  of  the  country,  including  Kabul.  However,  discontent  with  Taliban  stric- 
tures and  village  values  was  strong  in  large,  non-Pashtun  cities  such  as  Herat  and 
Kabul.  The  key  Taliban  governing  body  is  the  Inner  Shura  (council)  based  in 
Kandahar,  which  is  headed  by  Mullah  Omar,  although  there  is  a  government  of  a 
sort,  with  its  ministries  based  in  Kabul. 

During  the  last  half  of  the  year  a  group  of  independent  Afghans  attempted  to 
begin  an  intra-Afghan  process  of  dialogue  aimed  at  bringing  peace  to  Afghanistan 
through  the  convening  of  a  loya  jirga  (grand  council)  representing  all  Afghans.  The 
group  held  preliminary  meetings  in  Frankfurt  and  in  Istanbul  and  received  support 
for  its  initiative  from  the  Northern  Alliance,  however,  the  Taliban  did  not  partici- 
pate. In  November  former  King  Zahir  Shah  declared  from  his  residence  in  exile  in 
Rome  that  he  was  prepared  to  return  to  Afghanistan  and  discuss  the  formation  of 
an  interim  government  to  end  the  conflict.  The  Taliban  reaction  was  ambivalent, 
both  to  the  idea  of  a  possible  role  for  the  former  King  and  to  the  dialogue  process. 

The  United  Nations  and  the  international  community  continued  their  efforts  to 
help  Afghans  reach  a  political  settlement. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  many  local  NGO's.  Some  are  based  in  neighboring  countries,  mostly 
Pakistan,  with  branches  inside  Afghanistan;  others  are  based  in  Afghan  cities.  The 
focus  of  their  activities  is  primarily  humanitarian  assistance,  rehabilitation,  health, 
education,  and  agriculture. 

There  was  harassment  of  NGO's  both  factions.  NGO  facilities  in  Mazar-i-Sharif 
were  looted  by  Northern  Alliance  forces  in  September  and  October,  and  fighters 
were  observed  driving  around  the  city  in  stolen  NGO-owned  vehicles.  There  are  also 
numerous  examples  of  Taliban  harassment  of  NGO  personnel.  In  November  in 
Jalalabad  two  male  Afghan  United  Nations  Children's  Fund  (UNICEF)  employees 
were  detained  and  one  was  given  10  lashes  before  a  crowd.  UNICEF  termed  this 
incident  "an  unacceptable  afTront  to  the  most  fundamental  principles  of  humani- 
tarianism."  The  Taliban  detained  two  French  NGO  employees  for  over  a  month  after 
they  attended  a  party  at  which  Afghan  women  were  present.  Male  Afghan  NGO  em- 
ployees who  attended  the  event  received  prison  sentences.  On  September  3,  the 
Taliban  expelled  three  U.N.  foreign  staff  members  after  they  protested  Taliban  de- 
mands that  visiting  female  U.N.  officials  sit  behind  a  screen  during  a  meeting  with 
Taliban  officials.  In  November  the  Taliban  also  began  pressing  NGO's  and  inter- 
national organizations  to  hire  Taliban  and  report  on  their  level  of  funding  from  do- 
nors. In  November,  Taliban  authorities  detained  the  director  of  a  Pakistan-based  Af- 
ghan NGO  and  demanded  that  the  NGO  surrender  its  construction  equipment  and 
move  its  operations  to  parts  of  Afghanistan  under  Taliban  control. 

There  were  incidents  of  harassment  of  Afghan  and  foreign  NGO  female  employ- 
ees, including  an  assault  upon  a  foreigner  in  Herat,  and  reported  refusals  to  meet 
with  female  visitors. 

The  Afghan  League  of  Human  Rights  operated  both  in  Afghanistan  and  Pakistan; 
it  produces  an  annual  report.  The  Cooperation  Center  for  Afghanistan  (CCA)  is  an 
Afghan  NGO  that  operated  in  both  Pakistan  and  Afghanistan.  The  CCA  maintains 
an  office  in  Peshawar,  where  it  produces  a  monthly  newsletter  on  the  Afghan 
human  rights  situation.  It  also  monitors  and  documents  the  human  rights  situation 
from  several  ofiices  in  both  Taliban-controlled  and  Northern  Alliance-controlled 
cities.  However,  the  civil  war  and  lack  of  security  continued  to  make  it  difficult  for 
human  rights  organizations  to  adequately  monitor  the  situation  inside  the  country. 

The  U.N.  Special  Advisor  on  Gender  Issues,  Assistant  Secretary  General  Angela 
King,  visited  Afghanistan  in  November  to  review  U.N.  policy  toward  women  and  aid 
in  Af^anistan. 

The  U.N.  Special  Rapporteur  for  Human  Rights  in  Afghanistan,  Dr.  Choong-hyun 
Paik,  visited  both  Taliban  and  Northern  Alliance-  controlled  portions  of  the  country 
during  1997.  His  mandate  was  extended  again  by  the  UN  Human  Rights  Commis- 
sion. In  his  1997  report,  the  Rapporteur  declared  that  Afghan  citizens  continue  to 
be  deprived  of  basic  ri^ts  and  freedoms. 


1612 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

There  are  no  constitutional  provisions  that  prohibit  discrimination  based  on  race, 
sex,  religion,  disability,  language,  or  social  status.  It  is  not  known  whether  specific 
laws  pnmibit  discrimination;  local  custom  and  practices  generally  prevail.  Discrimi- 
nation against  women  is  prevalent  throughout  the  country  and  its  severity  varies 
from  area  to  area,  depending  on  the  local  leadership's  attitude  towards  work  and 
education  for  women  and  on  local  attitudes.  Historically,  the  minority  Shi'a  faced 
discrimination  from  the  majority  Sunni  population.  There  has  been  greater  accept- 
ance of  the  disabled  as  the  number  of  people  maimed  by  land  mines  increased  and 
the  presence  of  the  disabled  became  more  prevalent. 

Women. — ^As  lawlessness  and  interfactional  fighting  continued  in  some  areas,  vio- 
lence against  women  occurred  frequently,  including  beatings,  rapes,  forced  mar- 
riages, disappearances,  kidnapings,  and  killings.  Such  incidents  generally  went  un- 
reported and  most  information  was  anecdotal.  It  was  difficult  to  document  rapes, 
in  particular,  given  the  social  stigma  that  surrounds  the  problem.  Although  the  sta- 
bility instituted  by  the  Taliban  in  most  of  the  country  initially  acted  to  reduce  vio- 
lence against  women,  there  were  reports  during  the  year  of  Taliban  stealing  others' 
wives  for  an  evening. 

Under  the  Communist  regime  of  the  1980's,  a  growing  number  of  women,  particu- 
larly in  urban  areas,  worked  outside  the  home  in  nontraditional  roles.  This  trend 
was  reversed  when  the  Communists  were  ousted  in  1992,  and  an  Islamic  govern- 
ment was  installed.  In  1997  the  trend  towards  excluding  women  from  public  service 
intensified,  although  some  women  retained  employment  as  artisans,  weavers,  doc- 
tors, and  nurses  in  some  areas.  In  northern  Afgnanistan  and  pre-Taliban  controlled 
Kabul,  women  were  allowed  to  work  and  girls  to  attend  school. 

The  harsh  treatment  of  women  under  Taliban  rule  has  received  strong  criticism 
throughout  the  world.  When  the  Taliban  took  Kabul  in  September  1996,  they  imme- 
diately issued  pronouncements  forbidding  women  to  work,  including  female  doctors 
and  nurses  in  hospitals  and  required  that  houses  with  female  occupants  have  their 
windows  painted  over.  In  a  few  cases,  the  Taliban  relented  and  allowed  women  to 
work  in  health  care  occupations  under  restricted  circumstances.  Taliban  gender  re- 
strictions continued  to  interfere  with  the  delivery  of  humanitarian  assistance  to 
women  and  girls.  In  a  July  letter  addressed  to  the  U.N.,  the  Taliban  asked  that  as- 
sistance be  provided  to  women  through  their  close  male  relatives  rather  than  di- 
rectly. Male  relatives  also  must  obtain  the  permission  of  the  Department  for  the 
Propagation  of  Virtue  and  the  Suppression  of  Vice  for  female  home-based  employ- 
ment. 

In  January  the  Taliban  announced  a  policy  of  segregating  men  and  women  in  hos- 
pitals. This  regulation  largely  was  ignored  for  6  months,  but  in  July  hospital  direc- 
tors were  directed  to  cease  services  to  women  and  discharge  female  staff.  Services 
for  women  were  to  be  provided  by  a  single  hospital  still  partially  under  construc- 
tion— a  drastic  reduction  in  the  access  to,  and  quality  of,  care  for  women.  This  order 
was  being  implemented  in  September  but  was  modified  on  September  20  to  allow 
for  emergency  care  for  women  at  all  hospitals.  On  November  6,  however,  the 
Taliban  reversed  their  decision,  and  the  Kabul  Caretaker  Council  repealing  the  de- 
cree. The  Council  provided  for  nonemergency  treatment  for  women  at  eight  Kabul 
hospitals  and  restated  that  women  could  be  seen  at  any  Kabul  hospital  in  an  emer- 

fency.  In  October  an  NGO  reported  that  a  female  bum  victim  had  died  after 
'aliban  authorities  would  not  allow  her  to  be  treated  by  a  male  doctor.  Health  care 
for  both  men  and  women  was  further  hampered  by  the  ban  on  images  of  humans 
issued  over  Radio  Shari'a  on  October  6,  which  caused  the  destruction  of  public  edu- 
cation posters  and  hampered  the  provision  of  health  information  in  a  society  with 
massive  illiteracy. 

The  Taliban  decreed  what  women  could  wear  in  public.  Women  were  forced  to  don 
a  head-to-toe  garment  known  as  the  chador,  which  has  only  a  mesh  screen  for  vi- 
sion. While  in  some  conservative  areas,  this  was  the  normal  garment  for  rural 
women,  it  represented  a  dramatic  change  in  practice  when  imposed  in  urban  areas. 
According  to  a  decree  announced  by  the  religious  police  in  January,  women  found 
outside  the  home  who  were  not  properly  covered  would  be  severely  punished  along 
with  their  family  elders.  In  Kabul  and  elsewhere  women  found  in  public  who  were 
not  wearing  the  chador  were  beaten  by  Taliban  militiamen.  A  few  repwrts  indicated 
that  some  women  in  Herat  are  covering  their  heads  with  large  scarves  that  leave 
the  face  uncovered  and  have  not  faced  reprisals,  and  many  women  in  rural  areas 
also  have  been  observed  without  chadors  out  with  scarves  covering  their  heads.  It 
is  also  reported  that  these  restrictions  are  not  enforced  upon  the  nomad  population 
of  several  hundred  thousand  or  upon  foreigners. 


1613 

The  appearance  and  movement  of  women  in  public  was  further  curtailed,  even 
with  approved  clothing.  Observers  reported  seeing  fewer  and  fewer  women  on  the 
streets  in  Taliban-controlled  areas. 

In  the  north,  NIMA  also  has  increased  restrictions  upon  women.  It  has  requested 
that  NGO's  operating  in  areas  under  its  control  fire  female  employees,  and  Balkh 
University  reportedly  has  segregated  classes  and  barred  females  irom  teaching  male 
students. 

Children. — Local  administrative  bodies  and  international  assistance  organizations 
undertook  to  look  out  for  children's  welfare  to  the  extent  possible;  however,  the  situ- 
ation of  children  is  very  poor.  Infant  mortality  is  250  out  of  1,000  births  and 
Medecins  Sans  Frontiers  reports  that  250,000  children  per  year  die  of  malnutrition. 
A  UNICEF  study  also  reported  that  the  majority  of  Afghan  children  are  highly  trau- 
matized and  expect  to  die  before  reaching  adulthood.  Some  90  percent  have  night- 
mares and  suffer  from  acute  anxiety,  while  some  70  percent  have  seen  acts  of  vio- 
lence, including  the  killing  of  parents  or  relatives. 

Taliban  restrictions  on  the  movement  of  women  and  girls  in  areas  that  they  con- 
trolled hampered  the  ability  of  U.N.  agencies  and  NGO's  to  implement  effectively 
health  and  education  programs  aimed  at  both  boys  and  girls.  In  Kabul  in  October, 
six  women  and  children  suffering  from  malnutrition  and  en  route  to  a  food  center, 
accompanied  by  two  health  workers,  reportedly  were  forced  to  leave  their  vehicle 
and  halt  their  journey  after  the  Taliban  stopped  the  driver  and  gave  him  25  lashes 
for  allowing  one  of  the  women  to  ride  in  the  front  seat. 

The  Taliban  have  eliminated  most  of  the  opportunities  for  girls'  education  that  ex- 
isted in  areas  they  have  taken  over.  Some  girls  reportedly  are  receiving  an  edu- 
cation in  informal  home  schools,  which  are  tolerated  by  the  Taliban  authorities  in 
various  parts  of  the  country.  It  also  is  reported  that  several  girls'  schools  remain 
open  in  Kandahar,  although  in  Herat,  which  was  captured  by  the  Taliban  in  1995, 
girls'  schools  have  remained  closed  except  in  the  refugee  camps  maintained  by  inter- 
national NGO's.  Prior  to  the  Taliban  takeover  in  1996,  more  than  100,000  girls  re- 
portedly attended  public  school  in  Kabul  in  grades  kindergarten  to  12,  according  to 
a  U.N.  survey. 

People  With  Disabilities. — There  are  few  measures  to  protect  the  rights  of  the 
mentally  and  physically  disabled  or  to  mandate  accessibility  for  them.  Victims  of 
land  mines  continued  to  be  a  major  focus  of  international  humanitarian  relief  orga- 
nizations, which  devoted  resources  to  providing  prostheses,  medical  treatment,  and 
rehabilitation  therapy  to  amputees.  It  is  believed  that  there  was  more  public  accept- 
ance of  people  with  msabilities  because  of  the  prevalence  of  the  maimed  due  to  land 
mines  or  other  war-related  injuries.  There  are  reports  that  disabled  women,  who 
need  a  prosthesis  or  other  aid  to  walk,  are  virtually  homebound  because  they  cannot 
wear  the  chador  over  the  prosthesis  or  other  aid. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — Little  is  known  about  labor  laws  and  practices,  al- 
though only  an  insignificant  fraction  of  the  work  force  has  ever  labored  in  an  indus- 
trial setting.  There  were  no  reports  of  labor  rallies  or  strikes.  Labor  rights  are  not 
defined,  and  in  the  context  of  the  breakdown  of  governmental  authority  there  is  no 
effective  central  authority  to  enforce  them.  Many  of  Kabul's  industrial  workers  are 
unemployed  due  to  the  destruction  or  abandonment  of  the  city's  minuscule  manufac- 
turing base.  The  only  large  employer  in  Kabul  is  the  governmental  structure  of 
minimally  functioning  ministries. 

Workers  in  government  ministries  reportedly  have  been  fired  because  they  have 
received  part  of  their  education  abroad  or  because  of  contacts  with  the  previous  re- 
gimes, although  certain  officials  in  previous  administrations  still  are  employed 
under  the  Taliban.  Others  have  reportedly  been  fired  for  violating  Taliban  regula- 
tions concerning  beard  length. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Afghanistan  lacks  a  tradition 
of  genuine  labor-management  bargaining.  There  are  no  known  labor  courts  or  other 
mechanisms  for  resolving  labor  disputes. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Little  information  is  available  on 
forced  or  compulsory  labor,  including  child  labor.  There  are  credible  reports  that 
Masood  forced  Taliban  prisoners  to  work  on  road  and  air  strip  construction  projects, 
but  did  not  otherwise  mistreat  the  prisoners. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — There  is 
no  evidence  that  authorities  in  any  part  of  the  country  enforce  labor  laws,  if  they 
exist,  relating  to  the  employment  of  children.  Children  from  the  ages  of  6  to  14  often 
work  to  help  support  their  families  by  herding  animals  in  rural  areas,  and  by  col- 
lecting paper  and  firewood,  shining  shoes,  begging,  or  collecting  scrap  metal  among 


1614 

street  debris  in  the  cities.  Some  of  these  practices  expwse  children  to  the  danger  of 
land  mines. 

e.  Acceptable  Conditions  of  Work. — There  is  no  available  information  regarding  a 
statutory  minimum  wage  or  the  enforcement  of  safe  labor  practices.  Many  workers 
are  apparently  allotted  time  off  regularly  for  prayers  and  observance  oi  religious 
holidays. 


BANGLADESH 

Bangladesh  is  a  parliamentary  democracy  headed  by  Prime  Minister  Sheikh 
Hasina  Wajed,  leader  of  the  Awami  League,  which  came  to  power  in  1996  in  na- 
tional elections  deemed  generally  free  and  fair  by  domestic  and  international  observ- 
ers. Major  opposition  parties  include  the  previous  ruling  Bangladesh  Nationalist 
Pairty  (BNP),  the  Jatiyo  Party,  and  the  Jamaat-E-Islami.  A  1996  constitutional 
amendment  requires  a  neutral  caretaker  government  to  conduct  all  general  par- 
liamentary elections.  Nevertheless,  elections  are  often  marred  by  violence  and  rig- 
ging. The  judiciary  displays  a  high  degree  of  independence. 

The  Home  Affairs  Ministry  controls  the  police  and  paramilitary  forces,  which  bear 
primary  responsibility  for  maintaining  internal  security.  The  army  and  paramilitary 
forces  are  responsible  for  security  in  the  Chittagong  Hill  Tracts  (CHT),  where  a  trib- 
al group  has  waged  a  low-level  insurgency  since  1974.  In  December  government  and 
rebel  negotiators  signed  an  accord  to  end  the  insurgency  in  the  Chittagong  Hill 
Tract  (CHT).  Police  oflicers  committed  a  number  of  serious  human  rights  abuses. 

Bangladesh  is  a  poor  country.  Annual  per  capita  income  is  approximately  $260; 
about  45  percent  oi  the  countiVs  124  million  people  exist  on  incomes  insufficient 
to  meet  minimum  daily  needs.  Seventy  percent  of  the  work  force  is  involved  in  agri- 
culture, which  accounts  for  approximately  one-third  of  the  gross  domestic  product. 
There  is  a  growing  industrial  sector,  based  largely  on  the  manufacture  of  garments, 
textiles,  industrial  goods  such  as  rerolled  steel,  cement,  and  jute.  There  is  a  small 
wealthy  elite,  and  a  middle  class  is  emerging.  Efforts  to  reform  the  economy  have 
been  hampered  by  endemic  corruption,  political  turmoil  and  the  opposition  of  public 
sector  enterprises,  government  bureaucrats,  and  other  vested  interests. 

The  Government  continues  to  restrict  or  deny  many  fundamental  rights.  Police 
committed  extrajudicial  killings,  and  some  people  died  in  police  custody  under  sus- 
picious circumstances.  Police  routinely  use  torture  and  other  forms  of  abuse  in  inter- 
rogating suspects.  The  Government  rarely  convicts  and  punishes  those  responsible 
for  torture  or  unlawful  deaths.  Prison  conditions  are  poor.  Prime  Minister  Sheikh 
Hasina's  Government  did  not  repeal  the  Special  Powers  Act  (SPA),  which  allows  for 
arbitrary  arrest  and  preventive  detention;  it  used  the  SPA  to  harass  political  oppo- 
nents and  other  citizens  by  detaining  them  without  formal  charge.  A  large  case 
backlog  slows  the  judicial  process,  ana  lengthy  pretrial  detention  is  a  problem.  The 
Government  sometimes  infringes  on  citizens'  privacy  rights.  The  Government  places 
some  limitations  on  freedom  of  assembly.  Women,  minorities,  the  disabled,  religious 
minorities,  and  indigenous  people  face  societal  discrimination.  Violence  against 
women  and  trafficking  of  women  and  children  for  prostitution  remain  serious  prob- 
lems. The  Government  continues  to  limit  worker  rights,  and  child  labor  is  a  wide- 
spread and  serious  problem.  Vigilante  justice  resulted  in  numerous  killings. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  numerous  extrajudicial 
killings  during  the  year.  In  one  instance  in  February,  Ansars,  a  police  auxiliary 
force,  fired  on  a  crowd  of  local  villagers  who  had  assembled  outside  the  Ansar  camp: 

4  people  were  killed  and  11  others  wounded.  The  villagers,  from  the  village  of 
Sadhpur  in  Savar,  had  come  to  investigate  the  shooting  ol  a  local  man  who  was  at- 
tempting to  stop  his  young  niece  from  being  molested  by  one  of  the  Ansars. 

According  to  human  rights  monitors,  a  number  of  persons  died  while  in  custody 
in  the  first  9  months  of  1996.  According  to  newspaper  reports,  23  persons  died  in 
police  custody  through  September.  Most  deaths  appear  to  have  been  due  to  mis- 
treatment, or  illnesses  aggravated  by  imprisonment.  However,  human  rights  reports 
concerning  police  abuse  and  deaths  of  prisoners  indicate  that  this  claim  is  mac- 
curate  and  masks  widespread  and  serious  abuse.  For  example,  on  February  7, 
Seema  Chowdhury,  a  garments  worker,  died  while  in  "safe  custody"  in  Chittagong, 

5  days  after  charges  were  filed  against  four  police  officers  for  raping  her  in  custody 
in  1996.  An  autopsy  reported  that  she  died  of  typhoid,  but  women's  rights  activists 


1615 

and  some  politicians  asserted  Chowdhury  was  murdered  to  prevent  her  testifying 
against  the  police  in  the  rape  case.  Acting  against  customary  practice,  authorities 
burned  her  oody  after  the  autopsy,  destroying  any  possible  physical  evidence  of 
murder.  In  July  the  four  police  ofticers  accused  of  raping  her  were  acquitted  for  lack 
of  evidence;  the  Government  has  appealed  the  verdict. 

In  June  a  man  was  arrested  for  attempting  to  enter  the  grounds  of  the  Prime 
Minister's  office  in  Dhaka,  and  was  later  beaten  to  death  bv  police.  In  August  a  man 
detained  in  Chittagong  as  a  suspected  thief  died  in  custody;  an  autopsy  report  said 
that  he  died  from  torture  (see  Section  I.e.).  These  cases,  and  that  of  Seema 
Chowdhury,  gained  notoriety,  and  the  Government  initiated  legal  action  against  the 
police  officers  involved.  Most  abuses,  however,  go  unpunished,  and  the  resulting  cli- 
mate of  impunity  remains  a  serious  obstacle  to  ending  police  abuse  and  extrajudicial 
killing. 

Violence,  often  resulting  in  killings,  is  a  pervasive  element  in  Bangladeshi  politics 
(see  Section  3).  Demonstrators  from  all  parties,  and  even  within  parties,  often  clash 
with  police  and  with  each  other  during  rallies  and  demonstrations.  The  Awami 
League  and  opposition  parties  used  armed  violence  and  intimidation  to  disrupt  their 
opponents  gatnerings  and  rallies.  Opposition  parties  also  used  armed  violence  to  en- 
force general  strikes.  The  violence  perpetrated  by  both  sides  resulted  in  more  than 
18  deaths  and  hundreds  of  injuries.  Five  persons,  including  one  policeman,  were 
shot  and  killed  in  clashes  that  erupted  near  the  end  of  a  joint  opposition  rally  in 
Chittagong  on  November  11,  which  was  held  to  protest  the  draft  peace  agreement 
between  the  Government  and  the  CHT  insurgents  (see  Section  5).  The  BNP  stated 
that  two  of  those  killed  were  its  members.  Tne  police  claimed  that  there  had  been 
a  premeditated  attack  on  police  by  BNF  activists  who  used  guns,  Molotov  cocktails, 
and  small  bombs.  BNP  (I!hairperson  Khaleda  Zia  asserted  that  "goons"  from  the  rul- 
ing Awami  Ijeagae  had  been  responsible  for  instigating  the  violence.  After  the  initial 
clash  at  the  rally  site,  violent  encounters  between  police  and  opposition  activists 
took  place  elsewhere  in  Chittagong.  After  the  Chittagong  clashes,  the  BNP  and 
other  allied  opposition  parties  (chiefly  the  Jamaat-E-Islami)  announced  a  half-day 
general  strike  in  Chittagong  in  protest  against  the  claimed  attack  by  Awami  I>eague 
jgoons."  BNP  activists  also  took  to  the  streets  in  central  Dhaka  and  reportedly  set 
fire  to  more  than  a  dozen  vehicles. 

More  than  300  persons  were  reported  to  have  been  injured  in  clashes  during  an 
8-hour  road  and  rail  blockage  outside  Dhaka  called  by  opposition  political  parties 
on  October  5.  A  BNP  Member  of  Parliament  (M.P.)  was  stabbed  during  the  contin- 
ued clashes  on  October  6. 

Three  people  were  shot  and  killed  in  Chittagong  on  November  27  During  BNP- 
Awami  League  clashes,  which  occurred  after  Awami  I^eague  student  activists  sought 
to  disrupt  a  visit  by  BNP  leader  Khaleda  Zia  to  console  victims  of  an  earthquake. 
The  BNP  portrayed  the  events  as  a  deliberate  attempt  to  kill  Zia,  who  barricaded 
herself  in  a  hospital  ward.  At  least  four  pcnsons  died  in  November  29-30  violence, 
during  general  strikes  called  by  the  opposition  to  protest  the  alleged  "assassination 
attempt  on  Khaleda  Zia.  Arrest  warrants  on  murder  charges  were  issued  against 
23  BNP  officials,  including  at  least  2  BNP  M.P."s  who  were  trapped  along  with 
Khaleda  Zia  during  the  November  27  incident. 

Violence  is  also  endemic  among  the  student  political  groups  allied  with  the  major 
national  parties.  It  reportedly  resulted  in  at  least  6  deaths  by  October,  hundreds 
of  injuries,  and  the  freauent  closure  of  educational  institutions. 

Murders  of  local-level  political  activists  and  activists  of  the  student  fronts  of  major 
parties  are  common  occurrences;  the  distinctions,  however,  between  politically  moti- 
vated murders  and  purely  criminal  acts  arc  blurred  by  the  involvement  of  many 
politicians  and  political  party  activists  in  organized  crime. 

In  1995  the  Government  charged  former  president  Hossain  Mohammed  Ershad 
with  ordering  the  1981  murder  of  the  alleged  assassin  of  President  Ziaur  Rahman. 
Ershad  was  granted  bail  in  January  and  later  allowed  to  travel  abroad.  The  murder 
case  is  not  being  actively  pursued  by  the  Government.  Ershad  was  already  serving 
a  20-year  sentence  for  corruption  (see  Section  I.e.). 

In  1995  police  in  Dinajpur  abducted,  raped,  and  murdered  a  15-year-old  girl 
named  Yasmeen.  The  murder  sparked  riots  in  Dinajpur  during  which  police  killed 
seven  people.  The  case  went  to  trial  in  1997,  and  in  August  three  police  officers 
were  convicted  of  the  murder  and  sentenced  to  death.  Another  officer  was  sentenced 
to  prison  for  concealing  evidence. 

In  1996  the  Government  arrested  under  the  Special  Powers  Act,  and  later  for- 
mally charged,  retired  Lt.  Colonel  Farook  Rahman,  the  self-confessed  organizer  of 
the  1975  assassination  of  Prime  Minister  Sheikh  Mujibur  Rahman.  In  July  he  and 
four  other  accused  persons  went  on  trial  in  Dhaka  for  the  murder  of  Sheikh  Mujibur 
(see  Sections  I.e.,  2.d.,  2.e.). 


1616 

On  December  25,  1996,  Subinoy  Chakma,  a  tribal  peace  activist  in  the  Chittagong 
Hill  Tracts,  was  murdered  at  his  house  in  Rangamati.  His  murder  remained  un- 
solved in  1997  but  was  generally  believed  to  have  been  committed  by  the  Shanti 
Bahini,  a  tribal  insurgent  group,  which  opposed  Subinoy's  efforts  to  promote  better 
relations  between  tribals  and  Bengalis  in  the  Hill  Tracts  (see  Section  l.g.)- 

There  was  a  wave  of  mob  Wncnings  of  suspected  criminals  during  the  year.  On 
May  30,  six  men  suspected  of'^stealing  cows  were  killed  in  Dhaka.  On  June  25,  in 
Dhaka  a  large  crowd  killed  three  alleged  child  traffickers,  burning  them  inside  the 
police  vehicle  sent  to  rescue  them.  A  newspaper  reported  that  nationwide  there  were 
50  similar  murders  during  May  and  June. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
There  were  no  developments  in  the  1996  disappearance  of  Kalpana  Chakma, 

central  organizing  secretary  of  the  Hill  Womens'  Federation,  an  organization  of  trib- 
al people  m  the  Chittagong  Hill  Tracts.  In  1996  the  Government  formed  an  inves- 
tigative committee  that  nas  yet  to  issue  any  findings. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  the  Constitution  prohibits  torture  and  cruel,  inhuman,  or  degrading  pun- 
ishment, police  routinely  employ  physical  and  psychological  torture  and  other  aouse 
during  arrests  and  interrogations.  Torture  may  consist  of  threats,  beatings,  and,  oc- 
casionally, the  use  of  electric  shock.  The  Government  rarely  convicts  or  punishes 
those  responsible  for  torture,  and  a  climate  of  impunity  allows  such  police  abuses 
to  continue. 

During  two  periods  of  detention  between  August  and  October,  police  reportedly 
tortured  Shafiul  Alam  Prodhan,  the  leader  of  a  small  leftist  party.  During  the  sec- 
ond period  of  detention,  Prodhan  was  allegedly  subjected  to  electrical  shocks.  The 
case  appears  to  have  been  politically  motivated. 

Numerous  press  and  human  rights  monitors'  reports  indicate  that  police  abuse  of 
detainees  is  a  widespread  problem  and  frequently  results  in  death  (see  Section  l.a.). 
Lt.  Col.  Farook  Rahman,  arrested  in  1996  under  the  SPA  and  later  charged  with 
the  1975  murder  of  Prime  Minister  Sheikh  Mujibur  Rahman,  was  reportedly  sub- 
jected to  various  forms  of  torture,  as  were  the  four  other  persons  accused  in  the 
case.  Zobaida  Rashid,  whose  husband  was  accused  in  the  Mujibur  murder  and  had 
fled  the  country,  was  arrested  under  the  SPA  after  she  publicly  defended  her  hus- 
band's actions.  She  also  was  allegedly  tortured  and  subjected  to  unusually  harsh 
prison  conditions  before  the  Supreme  Court  ordered  her  released  from  prison.  The 
Government  also  used  police  surveillance,  raids  on  houses,  and  intimidation  by  rul- 
ing party  activists  to  harass  her  family  and  friends  (see  Section  l.d.). 

Kape  in  police  custody  is  a  common  problem.  For  example,  in  July  police  officers 
in  Lalmonirhat  reportealy  raped  a  woman  after  unsuccessfully  attempting  to  arrest 
her  husband.  The  press  reported  9  instances  of  rape  in  police  custody,  but  women's 
rights  activists  estimate  that  the  real  number  is  several  times  higher. 

Prison  conditions  are  poor.  Most  prisons  are  overcrowded  and  lack  adequate  facili- 
ties. The  current  prison  population,  over  46,000  in  August,  is  more  than  double  the 
official  prison  capacity.  There  are  three  classes  of  cells:  A,  B,  and  C.  Common  crimi- 
nals and  low-level  political  workers  are  generally  held  in  C  cells,  which  often  have 
dirt  floors,  no  furnishings,  and  poor  quality  food  The  use  of  restraining  devices  on 
prisoners  in  these  cells  is  common.  Prisoners  in  the  C  cells  reportedly  suffer  the 
worst  abuses,  including  beatings  or  being  forced  to  kneel  for  long  periods.  Condi- 
tions in  B  and  A  cells  are  markedly  better;  A  cells  are  reserved  for  prominent  pris- 
oners. 

The  five  men  arrested  for  the  murder  of  Sheikh  Mujibur  Rahman  were  held  in 
class  C  cells.  On  July  8,  the  judge  presiding  over  their  trial  ordered  that  they  be 
moved  to  class  A  cells.  The  Government  moved  them  on  July  22,  after  the  judge 
threatened  legal  action  against  prison  officials  for  failure  to  comply  with  his  order. 

A  government-appointed  committee  of  private  citizens,  who  are  prominent  individ- 
uals in  the  various  prison  localities,  monitors  prisons  monthly  but  does  not  release 
its  findings.  In  general,  the  (jovemment  does  not  permit  prison  visits  by  independ- 
ent human  rights  monitors  but  does  make  occasional  exceptions.  Human  rights 
groups  reported  that  8  persons  died  in  custody  during  the  year.  However,  news- 
papers reported  23  persons  died  in  police  custody. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Awami  League  Government  contin- 
ued to  use  national  security  legislation,  namely  the  Special  Powers  Act  (SPA)  of 
1974,  to  detain  citizens  without  formal  charges  or  specific  complaints  being  filed 
against  them.  Past  governments  have  vowed  to  abolisn  the  SPA  out  did  not  do  so. 
Prime  Minister  Sheuch  Hasina  Wajed,  before  coming  to  power,  advocated  the  aboli- 
tion of  the  SPA.  As  Prime  Minister,  however,  she  reversed  herself,  stating  in  March 
that  retention  of  the  SPA  was  justified  by  its  proven  usefulness  to  past  govern- 
ments. 


1617 

Under  the  SPA,  the  Government  or  a  district  magistrate  may,  to  prevent  the  com- 
mission of  an  act  likely  "to  prejudice  the  security  of  the  country",  order  anyone  de- 
tained for  30  days.  The  Government  (or  magistrate)  must  within  15  days  inform  the 
detainee  of  the  grounds  for  detention,  and  the  Government  must  within  30  days  ap- 
prove the  grounds  for  detention  or  release  the  detainee.  In  practice,  detainees  are 
sometimes  neld  for  longer  periods  without  the  Government  stating  the  grounds  for 
the  detention  or  formally  approving  it.  Detainees  may  appeal  their  detention,  and 
the  Government  may  grant  early  release. 

After  4  months,  an  advisory  board  composed  of  two  persons  who  have  been,  or 
are  qpialified  to  be,  high  court  judges,  ana  one  civil  servant  examines  cases  of  de- 
tainees. If  the  Government  adequately  defends  its  detention  order,  the  detainee  re- 
mains imprisoned;  if  not,  the  detainee  is  released.  K  the  defendant  in  an  SPA  case 
is  able  to  present  his  case  before  the  High  Court  in  Dhaka,  generally,  the  High 
Court  will  rule  in  favor  of  the  defendant.  Typically,  the  Court  finds  the  Government 
is  unable  to  "show  cause."  However,  many  defendants  are  either  too  poor,  or  because 
of  strict  detention  are  unable  to  obtain  legal  counsel.  Without  legal  counsel  or  funds, 
they  cannot  move  the  case  beyond  the  magistrate  level.  The  magistrates,  unlike 
High  Court  judges,  are  not  independent.  They  are  subject  to  the  administrative  con- 
trols of  the  Law  Ministry  and  are  less  likely  to  summarily  dismiss  a  case.  As  a  re- 
sult, the  defendant  in  many  SPA  cases  will  languish  in  detention  without  the  case 
moving  to  trial.  Detainees  are  allowed  to  consult  with  lawyers  while  in  detention, 
although  usually  not  until  a  charge  is  filed.  They  are  not  entitled  to  be  represented 
by  a  lawyer  before  an  advisory  board.  Detainees  may  receive  visitors,  and  incommu- 
nicado detention  is  generally  not  practiced.  However,  the  Government  has  held  in- 
communicado some  prominent  prisoners,  notably  Lt.  Col.  Farook  Rahman  (see  Sec- 
tion I.e.). 

According  to  the  Government  and  press  reports,  the  authorities  detained  more 
than  3,498  persons  under  the  SPA  through  September.  As  of  October  1,  about  2,752 
detainees  had  been  released.  Government  figures  indicate  that  2,000  persons  were 
in  detention  under  the  SPA  in  July.  There  are  credible  reports  from  human  rights 
monitors  and  political  activists  that  the  Awami  League  Government  uses  the  SPA 
primarily  as  a  tool  to  harass  and  intimidate  political  opponents.  They  claim  that  the 
Government  has  arrested  hundreds  of  opposition  activists  under  the  SPA,  most 
being  released  later  when  no  charges  could  be  brought.  Actual  numbers  of  party  ac- 
tivists arrested  were  not  verifiable. 

On  March  20,  the  Government  arrested  four  senior  opposition  BNP  leaders  under 
the  SPA.  The  Prime  Minister  later  said  that  they  were  involved  in  acts  of  sabotage. 
On  April  7,  the  Supreme  Court  ruled  their  detention  illegal,  ordered  them  released, 
and  required  the  Government  to  pay  them  compensation  for  "political  victimization." 
The  judicial  release  of  the  SPA  detainees  is  usually  the  result  of  a  habeas  corpus 
petition  by  the  defendant  to  the  High  Court.  The  Court  dismisses  the  cases,  stating 
the  Gvemment  was  unable  to  "show  cause"  for  the  detention. 

The  Government  and  local  authorities  also  detain  people  without  use  of  the  SPA, 
doing  so  either  for  personal  vengeance  or  as  a  means  to  harass  and  intimidate  per- 
ceived opponents  and  their  famines.  For  example,  in  July  the  Dhaka  police  detective 
branch  raided  the  house  of  Shaguib  Chowdhury  the  night  before  his  marriage  to  a 
dau^ter  of  Khandaker  Abdur  Kashid,  one  of  the  accused  in  the  Sheikh  Mujibur 
murder  case.  According  to  press  reports,  the  police  had  no  warrant  to  search  or  ar- 
rest but  claimed  that  the  house's  occupants  had  illegal  arms.  Chowdhury,  his  father, 
and  five  guests  were  detained  for  several  hours,  during  which  the  police  reportedly 
interrogated  them  on  the  whereabouts  of  Mr.  Rashid,  rather  than  on  illegal  arms. 

The  previous  Government  allowed  another  widely  used  statute,  the  Anti-Terror- 
ism Act,  to  expire  in  1994.  However,  some  cases  are  still  pending  and  are  yet  to 
be  resolved.  There  are  some  differences  of  legal  procedure  under  the  law,  such  as 
limited  bail  and  special  tribunals. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  higher  levels  of  the  judiciary  display  a  signifi- 
cant degree  of  independence,  as  mandated  by  the  Constitution.  The  judiciary  often 
rules  against  the  Government  in  criminal,  civil,  and  even  politically  controversial 
cases.  Lower  level  courts  reportedly  are  more  susceptible  to  political  pressure.  Ex- 
amples of  lower  courts  refusing  bail  in  cases  which  higher  courts  granted  bail  or 
dismissed,  include  the  case  of  BNP  leader  Nazibul  Bashar  Maizbhandari. 
Maizbhandari  was  arrested  during  a  BNP  strike,  on  September  22.  The  Chief  Met- 
ropolitan Magistrate's  court  (CMN)  in  Dhaka  denied  nis  requests  for  bail  three 
times.  The  district  and  sessions  judge  granted  bail  on  September  28,  and 
Maizbhandari  was  admitted  to  a  hospital  for  injuries  alleged  to  have  resulted  from 
police  abuse. 


1618 

On  March  20,  four  ranking  BNP  leaders  were  arrested  without  warrant  or 
charges.  In  the  lower  courts,  bail  was  refused.  Petitions  were  filed  before  the  High 
Court  challenging  the  detentions.  On  April  7,  the  court  declared  the  detentions  ille- 
gal, ordered  the  release  of  the  BNP  leaders,  and  ordered  that  the  Government 
should  pay  compensation  of  $2,220  (100,000  taka)  each. 

The  court  system  has  two  levels,  the  lower  courts  and  the  Supreme  Court.  Both 
hear  civil  and  criminal  cases.  The  lower  courts  consist  of  magistrates,  who  are  part 
of  the  administrative  branch  of  government,  and  session  judges,  who  belong  to  the 
judicial  branch.  The  Supreme  Court  is  divided  into  two  Sertions,  the  High  Court 
and  the  Appellate  Court.  The  High  Court  hears  original  cases  and  also  reviews 
cases  from  the  lower  courts.  The  Appellate  Court  has  jurisdiction  to  hear  appeals 
of  judgments,  decrees,  orders,  or  sentences  of  the  High  Court.  Rulings  of  the  Appel- 
late Court  are  binding  on  all  other  courts. 

Trials  are  public.  Tne  law  provides  the  accused  with  the  ri^t  to  be  represented 
by  counsel,  to  review  accusatory  material,  to  call  witnesses,  and  to  appeal  verdicts. 
In  practice,  the  largely  rural,  illiterate  population  does  not  always  understand  these 
rights,  nor  do  the  authorities  always  respect  them.  There  is  a  system  of  bail,  and 
bail  is  commonly  granted  for  both  violent  and  nonviolent  crimes.  However,  if  bail 
is  not  granted,  the  law  does  not  specify  a  time  limit  on  pretrial  detention.  State- 
funded  defense  attorneys  are  rarely  provided,  and  there  are  few  legal  aid  programs 
to  offer  financial  assistance.  In  rural  areas,  individuals  may  receive  no  legal  rep- 
resentation. In  urban  areas,  legal  counsel  is  generally  available  if  individuals  can 
afford  the  expense.  However  legal  education  is  poor,  so  most  legal  representation 
is  inadequate. 

There  is  corruption  within  the  legal  process.  Small  sums  must  be  paid  to  a  num- 
ber of  court  officials  in  order  for  a  civil  suit  to  be  filed.  While  these  may  appear 
to  be  processing  fees,  they  are  more  in  the  nature  of  bribes;  they  are  not  established 
by  statute  or  regulation,  are  paid  to  officials  personally,  and  there  is  no  accountabil- 
ity for  failure  to  discharge  duties  paid  for.  Defendants  can  sometimes  pay  to  avoid 
being  served  with  a  notice  or  suit.  Because  of  the  difficulty  accessing  the  courts  and 
because  litigation  is  time-consuming,  alternate  dispute  resolution  by  traditional  vil- 
lage leaders  is  popular  in  rural  communities. 

A  major  problem  of  the  court  system  is  the  overwhelming  backlog  of  cases.  Accord- 
ing to  the  Government,  about  575,000  cases  were  pending  in  criminal  and  civil 
courts  in  July,  and  about  32,000  people,  or  68  percent  of  the  country's  total  prison 
population,  were  awaiting  trial  or  under  trial.  Government  sources  report  that  the 
period  between  detention  and  trial  averages  6  months,  but  press  and  human  rights 
groups  report  many  instances  of  pretrial  detention  lasting  for  several  years.  These 
conditions,  and  the  corruption  encountered  in  the  judicial  process,  effectively  pre- 
vent many  people  from  obtaining  a  fair  trial  or  justice. 

The  Government  claims  that  it  holds  no  political  prisoners,  but  the  BNP  and 
human  rights  monitors  claim  that  many  opposition  activists  have  been  arrested  and 
convicted  under  criminal  charges  as  a  pretext  for  their  political  activities  (see  Sec- 
tion 2.d.). 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The  law 
requires  authorities  to  obtain  a  judicial  warrant  before  entering  a  home.  However, 
according  to  human  rights  monitors,  police  rarely  obtain  warrants,  and  officers  vio- 
lating the  procedure  are  not  punishea.  In  addition,  the  SPA  permits  searches  with- 
out a  warrant. 

The  police  Special  Branch,  National  Security  Intelligence,  and  the  Directorate 
General  of  Forces  Intelligence  employ  informers  and  conduct  surveillance  of  citizens, 
particularly  those  perceived  to  be  political  opponents  of  the  (jovemment.  Human 
rights  activists,  foreign  nongovermental  organizations  (NGO's),  and  journalists  re- 
port occasional  harassment  oy  these  organizations  (see  Section  2.a.).  The  Govern- 
ment reportedly  opens  international  mail  and  monitors  telephone  calls  on  occasion. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech, 
expression,  and  the  press,  subject  to  "reasonable  restrictions"  in  the  interest  oi  secu- 
rity, friendly  relations  with  foreign  states,  public  order,  decency  and  morality,  or  to 
prohibit  defamation  or  incitement  to  an  oflense.  With  some  exceptions  the  Govern- 
ment generally  respects  freedom  of  speech  and  of  the  press.  Since  taking  office,  the 
Awami  League  Government  has  issued  press  guidance  restricting  coverage  of  a  very 
limited  number  of  stories.  Opposition  papers  reported  that  the  Government  was  giv- 
ing "press  advice"  asking  government-owned  papers  not  to  carry  news  of  the  Free- 
dom Party,  Juba  (Youth)  Command  and  BNP  leader  Anwar  Zahid,  Zobaida  Rashid, 
wife  of  colonel  Rashid,  or  statements  from  BNP  leaders.  News  and  statements  of 
opposition  leader  Khaleda  Zia  and  some  BNP  leaders  were  permissible.  The  govern- 


1619 

ment  papers  were  also  asked  not  to  publish  reports  on  rallies  or  processions  of  the 
ENPs  student  front,  Jatiyatabadi  Chatra  Dal.  This  advice  was  not  a  binding  regula- 
tion. The  Awami  League  enjoys  support  from  most  major  newspapers  in  the  country. 
While  supporting  overall  policies,  many  papers  report  critically  on  the  activities  of 
the  Government  and  ruling  party,  including  the  Prime  Minister. 

The  Government  owns  and  controls  radio  and  television,  which  do  not  provide  bal- 
anced coverage  of  the  news.  The  activities  of  the  Prime  Minister  occupy  the  bulk 
of  prime  time  news  bulletins  on  both  television  and  radio,  followed  by  the  activities 
of  other  members  of  the  Cabinet.  Opposition  party  news  gets  little  coverage.  The 
Government  alleges  that  television  crews  assigned  to  cover  BNP  activities  are  pre- 
vented by  the  BNP  from  doing  so.  In  response,  the  BNP  claims  that  news  items 
about  its  party  activities  are  purposely  ignored  or  distorted.  The  British  Broadcast- 
ing Corporation  (BBC)  and  the  Cable  News  Network  (CNN)  international  news  are 
retransmitted  live  and  uncensored  for  several  hours  each  day.  There  are  no  restric- 
tions on  the  installation  of  satellite  dishes,  which  are  widely  owned  both  in  Dhaka 
and  throughout  the  country,  including  in  remote  villages. 

There  is  one  government-owned  (BSS)  and  one  privately  owned  wire  service,  the 
United  News  oi  Bangladesh  (UNB),  which  distribute  stories  nationally.  In  May  a 
London-based  Bangladeshi  journalist  launched  a  bilingual  wire  service  called  "Ban- 
gladesh News  Service,"  which  mainly  caters  to  the  needs  of  newspapers  outside 
Dhaka. 

Newspaper  ownership  and  content  are  not  subject  to  direct  government  restric- 
tion. The  press,  numbering  hundreds  of  daily  and  weekly  publications,  is  a  forum 
for  a  wide  range  of  views.  Papers  that  cannot  obtain  enough  government  newsprint 
to  meet  their  needs  must  buy  it  on  the  open  market  at  higher  prices.  Many  papers 
do  so.  There  were  no  reports  of  papers  not  able  to  publish  due  to  lack  of  newsprint. 

The  Government  controls  the  distribution  of  advertisements  issued  by  different 
government  agencies  through  the  Ministry  of  Information.  This  is  a  major  source 
of  revenue  for  all  newspapers.  The  practice  of  using  government  advertisements  to 
reward  supporters  and  punish  critical  newspapers  exists,  although  the  (Jovemment 
claims  that  advertisements  are  allocated  solely  on  the  basis  of  circulation. 

Foreign  publications  are  subject  to  censorship.  When  enforced,  this  is  most  often 
for  immodest  or  obscene  photographs  or  perceived  misrepresentation  or  defamation 
of  Islam. 

In  its  election  manifesto,  the  Awami  League  called  for  the  privatization  of  the 
state-controlled  media.  Upon  taking  power,  tne  Government  set  up  a  committee  to 
recommend  measures  for  authorizing  private  radio  and  television  broadcasts.  The 
committee  has  submitted  a  report  to  the  Government,  but  it  has  not  been  released 
to  the  general  public,  and  no  cnanges  in  the  existing  legal  framework  have  been  an- 
nounced. The  League's  manifesto  also  vowed  to  privatize  the  government-run  news- 
papers. In  DeceniDer  the  two  government  newspapers  Doynik  Bangla  and  Ban- 
gladesh Times  were  closed  and  are  expected  to  be  sold  to  private  buyers.  Several 
newsmen  working  for  the  government-run  wire  service,  BSS,  were  transferred  to 
district  towns.  Many  claim  that  they  were  transferred  because  they  were  perceived 
to  favor  the  BNP.  Journalists  appointed  in  Bangladesh  diplomatic  missions  as  press 
ministers/counselors  were  recalled  and  replaced  by  pro-Awami  League  journalists. 
The  Awami  League  Government  reportedly  advises  the  government  wire  service  and 
government-run  newspapers  not  to  cover  news  of  BNP  leaders'  activities,  except 
those  of  the  BNP  leader,  deputy  leader,  and  secretary  general. 

Several  sources  have  reported  that  the  State  Minister  for  Information  established 
an  office  at  Bangladesh  Television  (BTV)  to  monitor  or  edit  news  items.  The  Govern- 
ment denies  this  allegation,  claiming  that  the  office  at  BTV  premises  was  renovated 
to  be  used  as  a  VIP  waiting  room. 

Attacks  on  journalists  and  efforts  to  intimidate  them  by  government  officials,  po- 
litical party  activists,  and  others,  occasionally  occur.  For  example,  the  Rajshahi  bu- 
reau cnief  of  Dinkal,  the  main  opposition  BNP  daily,  was  physically  assaulted  in 
July  by  an  armed  group  near  his  residence  in  Rajshahi  and  he  was  seriously  in- 
jured. He  reported  the  incident  to  police,  and  three  persons  were  arrested.  After  the 
arrests,  other  persons  attacked  ana  ransacked  his  house  and  beat  the  occupants.  Re- 
ports differ  on  whether  this  incident  was  politically  motivated  or  the  result  of  a  pri- 
vate dispute. 

Another  newsman,  a  reporter  for  the  large  circulation  Bangladesh  daily 
Janakantha,  published  in  Dhaka,  was  arrested  in  June  by  police  at  a  small  town- 
shin  outside  Dhaka  following  a  complaint  of  "journalistic  slander."  He  was  released 
on  Dail  after  26  days'  detention,  and  his  case  was  pending  in  the  courts  at  year's 
end. 

In  July  an  armed  group  attacked  the  office  of  the  Daily  Comilla  Barta,  a  vernacu- 
lar daily  at  Comilla,  about  60  miles  east  of  Dhaka.  The  newspaper  is  run  by  an 


1620 

Awami  League  group.  An  opposing  Awami  League  group  was  upset  with  the  news- 
paper's reporting  oi  corruption  in  the  local  hospital.  Some  newspaper  employees 
were  assaulted,  the  oflice  was  ransacked,  and  death  threats  were  made  against  the 
editor.  No  arrests  were  made  by  the  police. 

An  editor  of  another  daily  was  apparently  harassed  for  his  critical  reports  on  the 
performance  of  some  ministries,  including  the  Ministry  of  Finance.  Income  ttix  in- 
vestigators interrogated  him,  and  revenue  officials  audited  his  tax  records.  He  re- 
ceived telephone  threats.  The  dau^ter-in-law  of  the  Finance  Minister  sued  him  and 
his  publisher  in  June  for  printing  stories  that  alleged  that  she  was  involved  in  ma- 
nipulating the  country's  stock  market. 

A  journalist  who  writes  critically  of  the  Awami  League  Government's  policies  re- 
ports that  he  and  his  family  have  been  harassed  by  government  intelligence  serv- 
ices, including  surveillance  and  telephone  threats.  Another  journalist  said  that  he 
received  telephone  threats  in  February  from  a  government  security  offlcial,  after  re- 
porting on  misuse  of  government  resources  by  the  Prime  Minister's  oflice. 

Feminist  author  Taslima  Nasreen,  whose  writings  and  statements  provoked  death 
threats  from  some  Islamic  groups  in  1993  and  1994,  still  lives  abroad  after  her  de- 
parture for  Europe  in  1994.  The  Government  charged  Nasreen  in  1994  under  a  Sec- 
tion of  the  penal  code  that  stipulates  punishment  for  anyone  convicted  of  inten- 
tionally insulting  religious  beliefs;  the  case  is  still  filed  against  her.  The  Govern- 
ment has  taken  no  action  against  those  who  issued  death  tnreats  against  Nasreen, 
even  though  such  threats  also  violate  the  law. 

TTie  Government's  film  censor  board  temporarily  canceled  the  censor  certificates 
of  three  English  films  and  prohibited  their  screening  on  grounds  of  obscenitv.  In 
past  years  the  board  banned  several  locally  produced  and  foreign  films,  usually  on 
the  grounds  that  the  films  promoted  immorality.  The  film  censor  board  also  consid- 
ers issues  of  state  security,  law  and  order,  religious  sentiment,  obscenity,  foreign  re- 
lations, defamation  of  a  person,  and  plagiarism  in  deciding  whether  to  ban  a  film. 

Academic  freedom  is  generally  respected  by  the  Government.  Teachers  and  stu- 
dents at  all  levels  are  free  to  pursue  academic  assignments  except  on  extremely  sen- 
sitive religious  and  political  topics. 

The  situation  on  public  university  campuses  remains  volatile,  seriously  inhibiting 
the  ability  of  students  to  receive  university  educations,  and  teachers  to  teach. 
Armed  clashes  between  rival  student  groups  have  resulted  in  closures  of  the  univer- 
sities of  Dhaka,  Rajshahi,  Chittagong,  Jahan^magar,  and  Islamic  University  on 
several  occasions.  The  vice-chancellors  of  Rajshahi  and  Islamic  universities  ap- 
pointed by  the  previous  BNP  government  were  forced  by  the  student  fronts  of  the 
ruling  Awami  League  and  Jamaat-E-Islami  to  resign.  Campus  violence  between  stu- 
dent political  factions  has  little  to  do  with  ideological  dilTerences,  and  more  to  do 
with  physical  control  of  dormitories  and  student  concessions  by  nonstudent  party  ac- 
tivists. The  result  is  that,  on  average,  it  takes  6  years  or  more  to  earn  a  4-year  de- 
gree. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  of  assembly,  subject  to  restrictions  in  the  interest  of  public  order  and  public 
health.  The  Government  sometimes  prohibits  rallies  for  security  reasons,  but  many 
independent  observers  believe  such  explanations  are  usually  a  pretext. 

Both  the  Grovemment  and  opposition  parties  frequently  interfere  with  each  other's 
rallies  and  public  meetings.  Throughout  the  year  partisans  of  the  ruling  and  opposi- 
tion parties  used  violence  to  disrupt  political  gatherings.  In  addition,  both  have  used 
a  statute  that  allows  public  assemblies  to  be  prohibited — to  prevent  possible  vio- 
lence— if  two  or  more  parties  have  scheduled  rallies  for  the  same  time  and  place. 
Political  parties,  after  learning  of  planned  opposing-party  public  gatherings,  sched- 
ule other  rallies  for  the  same  time  and  place,  in  hopes  of  forcing  authorities  to  can- 
cel both  events.  For  example,  in  June  an  opposition  BNP  rally  was  banned  by  au- 
thorities after  the  local  Awami  League  organization  called  a  rally  for  the  same  time 
and  place.  Similarly,  in  August  a  pro-Awami  League  organization  called  a  rally  in 
Dhaka  for  the  same  time  and  place  as  a  previously  scheduled  rally  by  an  Islamic 
group  opposed  to  the  Government.  In  this  case  authorities  did  not  ban  the  rallies, 
but  attempted  to  prevent  Islamic  activists  from  attending,  several  people  were  in- 
jured in  the  resulting  clashes  between  Islamic  party  activists,  police,  and  Awami 
League  activists  (see  Section  l.a.). 

In  September  the  Awami  League  mayor  of  Dhaka  banned  political  rallies  in  public 
streets  and  required  rallies  to  be  held  in  seven  designated  sites  instead,  with  the 
declared  rationale  of  improving  traffic  flow  in  the  capital.  Opposition  parties  de- 
nounced the  ban  as  a  unilateral  restriction  on  freedom  of  assembly  but  declined  the 
mayor's  offer  to  discuss  alternatives  to  the  designated  venues.  There  were  repeated 
clashes  in  Dhaka  as  opposition  parties  demonstrated  against  the  ban,  or  sought  to 
assemble  prior  to  processions  on  public  streets.  Police  enforcement  of  the  ban  on  op- 


1621 

position  gatherings  was  usually  strict,  while  processions  of  the  governing  Awanai 
League  were  unmolested.  Police  and  the  opposition  blamed  each  other  for  frequent 
violent  clashes  as  the  ban  was  enforced. 

The  Constitution  provides  for  the  right  of  every  citizen  to  form  associations,  sub- 
ject to  "reasonable  restrictions"  in  the  interest  of  morality  or  public  order,  and  in 
general  the  Government  respects  this  right.  In  practice,  individuals  are  free  to  join 
private  groups,  but  a  local  magistrate  must  approve  public  meetings. 

c.  Freedom  of  Religion. — The  Constitution  establishes  Islam  as  the  state  religion 
but  also  stipulates  the  ri^ht  to  practice  the  reli^on  of  one's  choice,  and  the  Govern- 
ment respects  this  provision  in  practice.  Approximately  88  percent  of  the  124  million 
population  is  Muslim.  Some  members  of  the  Hindu,  Christian,  and  Buddhist  minori- 
ties continue  to  perceive  and  experience  discrimination  toward  them  from  the  major- 
ity community  (see  Section  5). 

The  law  permits  citizens  to  proselytize.  However,  strong  social  resistance  to  con- 
version from  Islam  means  that  many  of  the  missionary  efforts  by  non-Muslims  are 
aimed  at  Hindus  and  tribal  groups.  The  Government  allows  various  religions  to  es- 
tablish places  of  worship,  train  clergy,  travel  for  religious  purposes,  and  maintain 
links  with  coreligionists  abroad.  Foreign  missionaries  may  work  in  Bangladesh,  but 
their  right  to  proseljdize  is  not  protected  by  the  Constitution,  and  some  missionaries 
face  proolems  in  obtaining  visas. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  are  able  to  move  freely  within  the  country.  Travel  by  foreign- 
ers is  restricted  in  the  CHT,  some  other  border  areas,  and  in  the  military  canton- 
ments. Citizens  are  generally  free  to  travel  abroad  and  emigrate.  The  right  of  repa- 
triation is  generally  observed. 

Approximately  250,000  Rohingyas  (Muslims  from  Burma's  Arakan  State)  crossed 
into  southeastern  Bangladesh  in  late  1991  and  1992  fleeing  repression.  Since  1992 
approximately  238,000  Kohingyas  have  voluntarily  repatriated  to  Burma  leaving  ap- 
proximately 21,(X)0  in  two  camps  in  Bangladesh.  Following  the  expiration  of  its  own 
self-imposed  August  15  deadline,  Burma  clocked  further  repatriation,  but  few  of  the 
remaining  Rohingyas  have  appeared  willing  to  repatriate  voluntarily.  The  UNHCR 
has  encouraged  Bangladesh  to  allow  the  remaining  Rohingyas  to  settle  locally,  but 
the  Government  has  responded  repeatedly  that  all  the  Roningyas  must  eventually 
return  to  Burma.  Several  thousand  more  Rohingyas  arrived  during  the  year.  Esti- 
mates of  their  number  vary  from  5,000  to  18,000,  and  most  are  thought  to  be  living 
in  villages  and  town  in  the  southeast. 

During  the  year,  incidents  of  physical  abuse  and  other  mistreatment  of  individ- 
uals were  reportedly  perpetrated  by  police  and  other  refugees.  In  December  locally 
hired  workers  with  Medecines  Sans  Frontieres-Holland  (MSF-H)  were  fired  for  beat- 
ing refugees.  Police  abuse  was  a  concern  during  the  forced  repatriation  in  August. 
Abuse  of  refugees  by  other  refugees  in  the  camps  is  also  a  problem.  With  only 
21,000  refugees  remaining  from  an  original  number  of  250,(X)0,  some  of  the  more 
diflicult  and  criminal  cases  are  concentrated  in  this  residual  population.  To  ensure 
that  efforts  at  voluntary  repatriation  fail,  some  refugees  intimiaate  and  beat  other 
refugees  in  the  camps  to  stop  them  from  cooperating  with  UNHCR  or  government 
officials.  Intimidation  by  the  militant  refugee  elements  also  included  lengthy  food 
strikes  during  which  pregnant  and  lactating  women,  and  the  malnourished  children 
were  prevented  from  receiving  supplemental  feedings.  The  lack  of  supplemental 
feedings  appears  to  have  resulted  in  an  increase  in  the  child  mortality  rates  in  the 
camps. 

There  are  about  238,(X)0  Bihari  Muslims  living  in  camps  at  various  places  around 
the  country.  They  have  remained  in  Bangladesh  since  1971  awaiting  settlement  in 
Pakistan.  Biharis  are  non-Bengali  Muslims  who  emigrated  to  Bangladesh  during 
the  1947  partition.  Most  supported  Pakistan  during  the  independence  war  in  1971. 
They  later  declined  to  accept  Bangladesh  citizenship  and  asked  to  be  repatriated  to 
Pakistan.  The  Pakistan  government  historically  has  been  reluctant  to  accept  the 
Biharis.  In  December  a  representative  organization  for  the  Biharis  announced  that 
the  Pakistan  government  was  willing  to  begin  repatriating  5,000  stranded  Paki- 
stanis from  Bangladesh  in  the  next  year. 

Since  March,  in  five  separate  phases,  26,063  Chakma  tribals  have  returned  to 
Bangladesh  from  refugee  camps  in  the  neighboring  Indian  state  of  Tripura.  The  re- 
patriation is  the  result  of  an  agreement  between  the  (jovernment  and  tribal  leaders 
to  repatriate  those  who  had  fled  the  internecine  violence  of  tribals  and  Bengali  set- 
tlers in  the  Chittagong  Hill  Tracts.  The  sixth  phase,  which  started  in  December,  is 
to  go  until  January  1998  and  expected  to  result  in  the  return  of  7,505  more  tribals 
(see  Section  5). 

Bangladesh  is  not  a  party  to  the  1951  United  Nations  Convention  Relating  to  the 
Status  of  Refugees  and  its  1967  Protocol.  The  Government  generally  cooperates  with 


1622 

the  UNHCR  and  other  humanitarian  organizations  in  assisting  refugees.  The  law 
does  not  provide  for  first  asylum  or  resettlement  of  asylum  seekers.  However,  in 
practice  the  Government  does  grant  temporary  asylum  to  individual  asylum  seekers 
whom  the  UNHCR  has  interviewed  and  recognized  as  refugees,  on  a  case-by-case 
basis.  At  the  request  of  the  UNHCR,  the  Government  has  allowed  about  200  asylum 
seekers,  mostly  from  Somalia  and  Iran,  to  remain  in  Bangladesh  for  several  years 
until  they  can  arrange  their  resettlement  in  a  third  country.  In  the  case  of  the 
Rohingya  arrivals  and  attempted  arrivals  in  1996  and  1997,  the  Government  effec- 
tively aenied  first  asylum  by  categorizing  them  as  illegal  economic  migrants,  deny- 
ing the  UNHCR  official  access  to  those  that  did  successfully  enter  Bangladesh, 
jaSing  many  of  them,  and  turning  back  as  many  as  possible  at  the  border.  Non- 
governmental organizations  and  journalists  said  that  the  new  arrivals  had  fled  var- 
ious hardships  and  mistreatment,  including  forced  labor. 

In  July  the  Government  forcibly  sent  approximately  400  Rohingya  refugees  back 
to  Burma,  including  67  children  sent  back  without  their  parents.  This  was  in  viola- 
tion of  its  agreement  with  UNHCR  and  Burma  to  adhere  to  strict  voluntariness  in 
the  repatriation  program.  These  refugees  had  been  cleared  by  the  Burmese  Govern- 
ment as  Burmese  nationals.  However,  the  individuals  were  not  willing  at  that  time 
to  return  to  Burma.  Some  of  the  refugees  indicated  they  feared  persecution  in 
Burma.  The  Bangladesh  Government  apparently  was  anxious  to  meet  the  August 
deadline  that  the  Burmese  Government  had  set  for  repatriations. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Bangladesh  is  a  multiparty,  parliamentaiy  democracy  in  which  elections  by  secret 
ballot  are  held  on  the  basis  of  universal  suflrage.  Members  of  Parliament  are  elected 
at  least  every  5  years.  The  Parliament  has  300  elected  members,  with  30  additional 
seats  reserved  for  women,  who  are  in  turn  elected  by  Parliament. 

Bangladesh  last  held  national  elections  in  June  1996,  after  which  the  Awami 
League  took  office.  That  election  was  held  under  a  neutral  caretaker  government. 
Domestic  and  international  observers  deemed  it  to  be  generally  free  and  fair,  and 
high  voter  turnout  of  75  percent  set  new  records  for  the  country.  In  June  a  by-elec- 
tion was  held  in  Manikgai^,  and  also  was  judged  generally  free  and  fair.  Neverthe- 
less, elections  in  Bangladesh  are  often  marred  by  violence,  intimidation  of  voters, 
and  vote-rigging.  The  Government  and  activists  of  the  major  political  parties  fre- 
Quently  engage  in  violence  and  harassment  against  political  opponents,  practices 
tnat  intensify  in  the  period  prior  to  elections.  Thirty  people  were  reported  killed 
during  the  course  of  nationwide  local  government  elections  in  December.  Election 
officials  noted  that  this  death  toll  was  less  than  in  previous  similar  elections.  Inde- 
pendent groups  monitoring  the  elections  described  the  polls  as  substantially  free 
and  fair,  although  they  identified  many  instances  of  violence  or  malpractice,  includ- 
ing some  by  election  officials.  Political  activists,  at  the  local  and  national  levels,  also 
reportedly  engage  in  extortion  from  businesses  and  individuals.  In  the  Maghbazar 
area  of  Dhaka,  student  political  activists  reportedly  extort  money  from  local  shop 
owners  and  businessmen. 

In  addition  to  the  30  parliamentary  seats  reserved  for  women  (whose  occupants 
are  chosen  by  Parliament),  women  are  free  to  contest  any  seat  in  Parliament.  Seven 
women  were  elected  in  their  own  right  in  the  1996  national  elections.  Seats  are  not 
specifically  reserved  for  other  minority  groups,  such  as  tribal  people.  However,  tribal 
people  have  some  parliamentary  representation;  8  members  from  minority  groups 
won  seats  in  the  last  elections. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

The  Government  generally  permits  human  rights  groups  to  conduct  their  activi- 
ties. In  1997  such  groups  published  reports,  held  press  conferences,  and  issued  ap- 
peals to  the  Government  with  regard  to  specific  cases.  However,  the  Government 
continues  to  refuse  to  register  the  Bangladesh  Section  of  Amnesty  International 
(AI).  Since  1990  the  AI  Section  has  applied  several  times  for  registration  under  the 
Societies  Registration  Act.  Without  this  registration,  a  voluntary  organization  can- 
not receive  funding  from  abroad.  Observers  attribute  the  situation  to  resentment  of 
criticism  of  its  human  rights  record  by  Amnesty  International. 

The  Government  is  sensitive  to  international  opinion  regarding  human  rights  is- 
sues. It  has  been  open  to  dialog  with  international  organizations  and  foreign  diplo- 
matic missions  regarding  issues  such  as  detention  of^opposition  leaders  and  prob- 
lems of  trafficking  in  women  and  children. 

The  Government  has  put  pressure  on  individual  human  rights  advocates.  Father 
Richard  Timm,  an  American  Catholic  priest  and  human  rignts  advocate  who  has 


1623 

worked  in  Bangladesh  for  over  40  years,  has  faced  long  delays  in  obtaining  reentry 
visas.  At  year's  end,  Father  Timm  was  still  in  Bangladesh  on  a  6  month  visa.  Other 
missionaries  who  advocate  human  rights  have  faced  similar  problems  in  the  past. 
Human  rights  organizations  report  that  the  Government  sometimes  puts  pressure 
on  them,  usually  in  the  form  of  harassment  by  government  intelligence  agencies, 
and  threats  from  activists  of  the  ruling  party  (see  Section  l.f.).  No  major  incidents 
of  attacks  on  NGO  workers  or  human  rights  activists  were  reported  during  the  year. 
In  past  years  representatives  of  local  human  rights  groups  have  at  times  been  phys- 
ically attacked  by  religious  extremists,  who  considered  their  activities  un-Islamic. 
The  Government  has  miled  to  bring  to  justice  those  who  engaged  in  such  violence. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  states  that  "all  citizens  are  equal  before  the  law  and  are  entitled 
to  equal  protection  by  the  law."  In  practice,  the  Government  does  not  strongly  en- 
force laws  aimed  at  eliminating  discrimination.  In  this  context,  women,  children,  mi- 
nority groups,  and  the  disabled  often  confront  social  and  economic  disadvantages. 

Women.— Violence  against  women  is  difficult  to  quantify  because  of  unreliable  sta- 
tistics, but  wife  beating  appears  to  be  widespread.  A  growing  awareness  of  the  prob- 
lem is  fostered  by  the  Government,  media,  and  by  women's  rights  organizations. 

Much  of  the  violence  against  women  is  related  to  disputes  over  dowries.  According 
to  one  human  rights  group,  there  were  68  dowry  related  killings  through  September. 
Human  rights  groups  and  press  reports  indicate  that  incidents  of  vigilantism 
against  women — sometimes  led  by  religious  leaders — are  common  occurrences,  par- 
ticularly in  rural  areas.  These  include  humiliating,  painful  punishments,  such  as 
the  whipping  of  women  accused  of  moral  offenses.  For  example,  in  July  in  a  village 
in  Sylhet  district,  local  leaders  reportedly  whipped  an  unmarried  16-year-old  girl 
and  her  parents  because  the  girl  was  pregnant.  Few  perpetrators  of  such 
extrajudicial  punishments  are  prosecuted.  Other  examples  of  extrajudicial  action 
against  women  include  an  incident  in  August  at  the  Golachipa  police  station.  Police 
arrested  a  woman  and  her  husband  based  on  charges  filed  oy  the  woman's  former 
husband.  The  police  allegedly  brought  the  couple  in  front  of  the  station,  and  before 
a  crowd  of  hundreds,  stripped  them  and  forced  the  wife  to  have  oral  sex  with  her 
husband.  The  police  then  reportedly  beat  the  couple.  A  few  days  after  the  incident, 
the  couple  was  granted  bail  by  the  courts.  The  police  warned  the  couple  not  to  file 
any  complaints  and  local  authorities  have  taken  no  action  to  punish  the  fx)lice.  In 
September  a  14-year-old  Shapna  Begum  was  reportedly  beaten  to  death  when  her 
eloer  brother  and  sister  caiight  her  having  an  affair.  In  October  newspapers  re- 
ported three  Bangladesh  Rifles  soldiers  in  Dinaipur  detained  a  women  as  a  sus- 
pected smuggler.  They  raped  her  and  left  her  on  the  street  unconscious. 

The  law  prohibits  rape  and  physical  spousal  abuse,  but  it  makes  no  specific  provi- 
sion for  spousal  rape  as  a  crime.  The  Government  has  enacted  laws  specifically  pro- 
hibiting certain  forms  of  discrimination  against  women,  including  the  Anti-Dowry 
Prohibition  Act  of  1980,  the  Cruelty  to  Women  Law  of  1983,  and  the  Women  Repres- 
sion Law  of  1995.  Enforcement  of  these  laws  is  weak,  however,  especially  in  rural 
areas,  and  the  Government  seldom  prosecutes  those  cases  that  are  filed.  However, 
in  1996  the  Government  accepted  a  suit  against  the  State  by  a  women's  activist 
group  in  connection  with  the  1995  rape  and  murder  of  Yasmeen,  a  14-year-old  girl, 
by  police  officers;  in  August  3  police  officers  were  convicted  of  the  murder  and  sen- 
tenced to  death  (see  Section  l.a.). 

There  is  extensive  trafficking  of  women  and  children  for  prostitution,  within  Ban- 

fladesh  and  to  other  countries  in  Asia.  The  number  of  women  trafficked  is  un- 
nown;  human  rights  monitors  estimate  that  several  thousand  women  and  children 
are  victims  of  trafficking  every  year  (see  Section  5).  While  the  law  provides  severe 
penalties  for  trafficking,  few  perpetrators  are  ever  punished.  Human  rights  groups 
reported  approximately  50  persons  were  prosecuted  for  trafficking  in  1997.  Exact 
numbers  are  difficult  to  obtain  as  charges  against  trafficking  are  usually  for  lesser 
crimes,  such  as  crossing  borders  without  proper  documents.  Human  rights  groups 
attribute  this  to  lack  of^concem  on  the  part  of  some  local  authorities  regarding  en- 
forcement of  trafficking  laws  (see  Section  6.c.). 

Women  remain  in  a  subordinate  position  in  society.  The  Government  has  not 
acted  effectively  to  protect  their  basic  freedoms.  Approximately  25  percent  of  women 
are  literate,  compared  with  35  to  40  percent  of  the  general  population.  In  recent 
years,  female  school  enrollment  has  improved.  Approximately  50  percent  of  primary 
and  secondary  school  students  are  female.  Women  are  often  unaware  of  their  rights, 
because  of  continued  high  illiteracy  rates  among  adults  and  unequal  educational  op- 
portunities. Strong  social  stigmas  and  lack  of  economic  means  to  obtain  legal  assist- 
ance frequently  keep  women  from  seeking  redress  in  the  courts. 


1624 

According  to  the  1961  Muslim  Family  Ordinance,  female  heirs  receive  less  inherit- 
ance than  male  heirs,  and  wives  are  more  restricted  in  divorce  rights.  Men  are  per- 
mitted to  have  up  to  four  wives,  although  this  right  is  rarely  exercised.  Laws  pro- 
vide some  protection  for  women  against  arbitrary  divorce  and  the  taking  of  addi- 
tional wives  by  husbands  without  the  first  wife's  consent,  but  the  protections  gen- 
erally apply  only  to  registered  marriages.  Marriages  in  the  countryside  are  often  not 
registered  because  of  ignorance  of  the  law. 

While  employment  opportunities  have  been  stronger  for  women  than  for  men  in 
the  past  few  years,  this  is  to  a  large  extent  due  to  the  growth  of  the  garment  indus- 
try, in  which  female  workers  are  prevalent.  Programs  extending  credit  to  large  num- 
bers of  rural  women  have  also  contributed  to  greater  economic  power  for  them.  How- 
ever, women  still  occupy  only  a  small  fraction  of  other  wage-earning  jobs,  and  hold 
fewer  than  5  percent  of  government  jobs.  The  Government's  policy  to  include  more 
women  in  government  jobs  has  had  limited  effect. 

Children. — The  Government  undertakes  programs  in  the  areas  of  primary  edu- 
cation, health,  and  nutrition.  The  Government  made  universal  primary  education 
between  the  ages  of  6  and  10  years  mandatory  in  1991  but  stated  that  it  could  not 
fuUy  implement  the  law  because  of  a  lack  of  resources.  The  Government  has  also 
initiated  programs  that  offer  incentives  for  female  children  between  the  ages  of  12 
and  16  to  remain  in  school.  According  to  Education  Ministry  figures,  approximately 
86  percent  of  the  children  between  the  ages  of  5  and  10  years  are  enrolled  in  school, 
including  84  percent  of  girls. 

Because  of  widespread  poverty,  many  children  are  compelled  to  work  at  a  very 
young  age.  This  results  in  abuse  of  children,  mainly  through  mistreatment  by  em- 
ployers during  domestic  service,  other  labor  servitude,  and  prostitution;  this  labor- 
related  child  abuse  occurs  commonly  at  all  levels  of  society  and  throughout  the 
country  (see  Section  6.d.). 

Reports  from  human  rights  monitors  indicate  that  child  abandonment,  kidnaping, 
and  trafficking  for  labor  bondage  and  prostitution  continue  to  be  serious  and  wide- 
spread problems.  The  United  Nations  Children's  Fund  (UNICEF)  has  estimated  that 
there  are  about  10,000  child  prostitutes  in  Bangladesh.  Other  estimates  have  been 
as  high  as  29,000.  The  law  does  not  allow  anyone  under  18  years  of  age  to  engage 
in  prostitution  and  stipulates  a  maximum  sentence  of  life  imprisonment  for  persons 
found  guilty  of  forcing  a  child  into  prostitution.  However,  procurers  of  minors  are 
rarely  prosecuted.  Prostitution  is  legal  for  those  over  the  age  of  18  with  government 
certification,  but  this  minimum  age  requirement  is  commonly  ignored  by  authorities. 
There  are  large  numbers  of  child  prostitutes  in  government-sanctioned  brothels. 

There  is  extensive  trafficking  in  both  women  and  children,  primarily  to  the  Mid- 
dle East,  India,  Pakistan,  and  Southeast  Asia,  and  also  within  the  country.  The 
trade,  which  mainly  is  for  purposes  of  prostitution  and  labor  servitude,  is  difficult 
to  quantify.  Press  reports  and  evidence  from  human  rights  monitors  indicate  that 
it  is  widespread.  The  connivance  of  officials  at  various  levels  allows  the  trade  to 
function.  Human  rights  monitors  report  that  police  and  local  government  officials 
often  either  ignore  trafficking  of  children  and  women  for  prostitution,  or  actually 
profit  from  it.  Enforcement  oi  laws  against  it  is  hampered  by  poor  records  and  easy 
access  to  forged  identity  documents.  Most  trafficked  persons  are  lured  by  promises 
of  good  jobs  or  marriage.  The  Government  has  expressed  concern  about  the  problem 
and  has  worked  with  U.N.  agencies  and  nongovernmental  organizations  to  seek 
ways  to  combat  it.  Awareness  of  the  issue  is  mcreasing,  and  it  receives  frequent 
press  coverage. 

People  With  Disabilities. — The  laws  provide  for  equal  treatment  and  freedom  from 
discrimination  for  the  disabled,  but  tney  face  social  and  economic  discrimination. 
The  Government  has  not  enacted  specific  legislation  or  otherwise  mandated  acces- 
sibility for  the  disabled.  There  are  not  adequate  facilities  for  treating  the  mentally 
iU  or  the  retarded.  Unless  a  family  has  money  to  provide  personalized  service  or  to 
send  the  mentally  disabled  overseas,  a  mentally  ill  person  will  find  little  treatment 
in  the  country. 

Indigenous  People. — Tribal  people  have  had  a  marginal  ability  to  influence  deci- 
sions concerning  the  use  of  their  lands.  Until  1985,  the  Government  regularly  par- 
celed out  land  m  the  Chittagong  Hill  Tracts  (CHT)  to  Bengali  settlers.  This  led  to 
the  displacement  of  many  tribal  groups  such  as  the  Chakmas  and  Marmas. 

The  Shanti  Bahini,  a  tribal  insurgency  group,  had  waged  a  low-level  conflict  in 
the  CHT  since  the  early  1970's.  The  violence  was  to  deter  nontribal  Bengali  settlers 
who  sought  to  exploit  the  Tracts'  fertile  and  sparsely  populated  land.  Government 
settlement  programs  increased  the  number  of  Bengali  inhabitants  in  the  CHT  from 
3  percent  of  the  region's  total  population  in  1947  to  approximately  50  percent  in 
1997. 


1625 

During  the  periods  of  violence,  all  those  who  were  involved — indigenous  tribes, 
settlers,  and  security  forces — accused  each  other  of  human  rights  violations.  The 
specific  incidents  have  been  difficult  to  verify  because  the  government  travel  restric- 
tions, tight  security,  difficult  terrain,  and  unsafe  conditions  created  by  the  insur- 
gency limited  access  to  the  area. 

In  1994  the  Government  and  the  Shanti  Bahini  agreed  to  a  cease-fire,  which  was 
extended  at  regular  intervals.  Discussions  began  under  the  recently  elected  Awami 
League  Government  to  find  a  permanent  settlement  to  the  conflict. 

On  December  2,  after  several  rounds  of  discussions,  the  Government  signed  a 
peace  agreement  with  the  representatives  of  the  Shanti  Bahini.  The  terms  of  the 
pact  include  a  strong  Regional  Council  (RC),  consisting  of  mostly  tribal  representa- 
tives; reduction  of  the  mflitary  presence  in  the  CHT  region;  and  a  substantial  com- 
pensation package  for  displaced  tribal  families.  The  Regional  Council  is  to  be  the 
primary  governing  body  of  the  Hill  Tracts  region.  It  is  to  consist  of  21  members, 
15  of  them  tribal.  The  chairman  is  also  to  be  a  tribal.  The  Regional  Council  is  to 
have  a  broad  range  of  responsibilities,  including  control  of  local  administration,  elec- 
tions, law  and  order  activities,  taxes,  and  licensing,  and  must  be  consulted  when  the 
Government  institutes  any  laws  or  amendments  related  to  the  CHT.  The  agreement 
is  to  lead  to  the  gradual  closing  of  all  army  and  Bangladesh  Rifles  camps,  except 
the  larger,  permanent  cantonments.  For  compensation,  the  tribal  families  returning 
from  refugee  camps  in  the  neidiboring  Indian  state  of  Tripura  are  to  receive  ap- 
proximately $1,100  (50,000  iaka),  bank  loans  are  to  be  written  off,  and  each  landless 
tribal  family  is  to  receive  2  acres  of  land. 

In  conjunction  with  the  peace  agreement  discussions,  repatriation  of  tribal  refu- 
gees from  the  neighboring  Indian  state  of  Tripura  began  in  March.  In  the  five 
phases  of  repatriation  completed  since  March,  26,063  tribals  have  returned.  All 
sides  have  complained  of  some  problems  in  the  repatriation,  but  no  complaints  have 
been  significant  enough  to  halt  the  process.  With  the  signing  of  the  peace  agree- 
ment, the  Shanti  Bahini  has  been  more  supportive  of  the  repatriation.  As  part  of 
the  agreement  the  Shanti  Bahini  has  begun  turning  its  weapons  into  the  Govern- 
ment. 

Tribal  people  in  other  areas  have  reported  similar  problems  of  loss  of  land  to  Ben- 

ffali  Muslims  through  questionable  legal  practices  and  other  means.  The  Garos,  who 
ive  in  the  Madhapur  forest  region  in  north  central  Bangladesh,  continue  to  face 
problems  in  maintaining  their  cultural  traditions  and  livelihoods  in  the  face  of  refor- 
estation projects.  Human  rights  monitors  in  the  region  claim  that  the  Garos  are 
being  harassed  and  intimidated  into  leaving  their  homes  to  make  way  for  govern- 
ment-run, internationally  financed  economic  development  projects. 

The  Government  had  indicated  in  1995  that  it  would  establish  a  national  park 
of  400  acres  in  the  Mymensingh  district.  Part  of  that  land  would  be  taken  from  the 
Garo  tribals.  Action  is  still  pending  on  that  proposal.  The  Government  has  not  ruled 
out  moving  the  tribals  from  the  land. 

Religious  Minorities. — Hindus,  Christians,  and  Buddhists  make  up  an  estimated 
10  percent  of  the  population.  Although  the  Government  is  secular,  religion  exerts 
a  powerful  influence  on  politics.  The  Government  is  sensitive  to  the  Muslim  con- 
sciousness of  the  majority  of  its  citizens.  However,  the  Jamaat-E-Islami,  the  coun- 
try's largest  Islamic  political  party,  went  from  18  seats  in  Parliament  after  the  1991 
elections,  to  3  in  the  1996  elections. 

Islamic  extremists  have  occasionally  attacked  women,  religious  minorities,  and  de- 
velopment workers.  The  Government  has  sometimes  failed  to  denounce,  investigate, 
and  prosecute  perpetrators  of  these  attacks.  Attacks  were  made  on  Hindu  temples 
in  Cnoumuhani,  Tangail,  and  Patuakhali  during  the  time  of  Durga  Puja  in  Octooer. 
Local  political  party  activists  allegedly  attacked  the  temples  and  puja  (worship)  or- 
ganizers for  failing  to  pay  extortion  fees.  Fifteen  people  were  injured  and  religious 
scriptures  were  desecrated  during  the  attacks.  In  all,  33  people  were  injured  in  at- 
tacks around  the  country  during  tne  Durga  Puja  festivals. 

Religious  minorities  are  in  practice  disadvantaged  in  such  areas  as  access  to  gov- 
ernment jobs  and  political  oftice.  Selection  boards  in  the  government  services  are 
often  without  minority  group  representation. 

Property  ownership,  particularly  among  Hindus,  has  been  a  contentious  issue 
since  independence  in  1971,  when  many  Hindus  lost  landholdings  because  of  anti- 
Hindu  discrimination  in  the  application  of  the  law.  Prior  to  its  1996  election  victory, 
the  Awami  League  promised  to  repeal  the  Vested  Property  Act,  the  law  used  to  de- 
prive Hindus  of  their  property.  However,  the  Government  has  so  far  taken  no  ac- 
tion. There  have  been  in  past  years  cases  of  violence  directed  against  religious  mi- 
nority communities  that  have  also  resulted  in  the  loss  of  property.  Such  intercom- 
munal  violence  has  caused  some  members  of  religious  minority  groups  to  depart  the 
country. 


1626 

Section  6.  Worker  rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  to  join  unions 
and — with  government  approval — the  right  to  form  a  union.  Approximately  1.6  mil- 
lion members  of  the  country's  total  work  force  of  about  45  to  50  million  workers  be- 
long to  unions.  Only  about  3  million  workers  are  involved  in  the  formal  industrial 
sector.  There  is  a  large  unreported  informal  sector,  for  which  no  reliable  labor  sta- 
tistics exist. 

For  a  union  to  obtain  and  maintain  its  registration,  30  percent  employee  partici- 

f>ation  in  the  workplace  is  required.  Moreover,  would-be  unionists  are  technically 
brbidden  to  engage  in  many  labor  "activities"  prior  to  registration.  Labor  activists 
have  protested  that  this  requirement  severely  restricts  workers'  freedom  to  organize. 

Witn  the  exception  of  workers  in  the  railway,  postal,  telegraph  and  telephone  de- 
partments, government  civil  servants  are  forbidden  to  join  unions.  This  ban  also  ap- 
plies to  security-related  government  employees  such  as  members  of  the  military  and 
police.  Civil  servants  forbidden  to  join  unions,  such  as  teachers  and  nurses,  have 
formed  associations  that  perform  functions  similar  to  labor  unions,  i.e.,  providing  for 
members'  welfare,  offering  legal  services,  and  airing  grievances.  Collective  bargain- 
ing, however,  is  prohibited.  Some  workers  have  formed  unregistered  unions,  particu- 
larly university  employees  and  workers  in  the  construction  and  transport  (both  pub- 
lic and  private)  industries. 

Ten  to  15  percent  of  approximately  4,200  labor  unions  are  affiliated  with  23  offi- 
cially registered  National  Trade  Union  (NTU)  centers  (there  are  also  several  unreg- 
istered NTU's).  There  are  no  legal  restrictions  on  political  activities  by  labor  unions, 
although  the  calling  of  nationwide  general  strikes  or  transportation  blockades  by 
unions  is  considereaa  criminal  rather  than  a  political  act  and  thus  forbidden. 

While  unions  are  not  part  of  the  government  structure,  they  are  highly  politicized. 
Virtually  all  the  NTU  centers  are  afiiliated  with  political  parties,  including  one  with 
the  ruling  Awami  League.  Some  unions  are  militant  and  engage  in  intimidation  and 
vandalism.  Illegal  blockades  of  public  transportation  routes  l)y  strikers  occurred  fre- 
quently during  the  year.  Pitched  battles  between  members  of  rival  labor  unions 
occur  regularly.  Fighting  often  is  over  the  control  of  rackets  or  extortion  payoffs  and 
tjrpically  involves  knives,  guns,  and  homemade  bombs. 

Workers  are  eligible  for  membership  on  their  unions'  executive  staff,  the  size  of 
which  is  set  by  law  in  proportion  to  the  number  of  union  members.  Registration  of 
a  union  may  only  be  canceled  by  the  Registrar  of  Trade  Unions  with  the  concur- 
rence of  the  Labor  Court,  but  no  such  actions  were  known  to  have  been  taken  in 
1997.  Several  cases  were  filed,  invariably  by  employers  claiming  a  union's  member- 
ship had  fallen  below  the  requisite  level,  but,  because  of  a  backlog  and  other  admin- 
istrative problems,  these  cases  have  not  come  under  review. 

The  right  to  strike  is  not  specifically  recognized  in  the  law,  but  strikes  are  a  com- 
mon form  of  protest.  There  were  4  full-day,  and  2  half-day  general  strikes  during 
1997.  While  such  strikes  were  greatly  reduced  compared  with  1996,  politicallv  moti- 
vated strikes  increased  during  the  last  months  of  tne  year.  A  nationwide  indiistrial 
strike  was  called  on  July  30  by  a  confederation  of  17  national-level  labor  organiza- 
tions. The  demands  included  establishing  a  national  minimum  monthly  wage  of  $68 
(3,000  taka),  and  increased  investment  in  state-owned  industries.  Other  prominent 
strikes,  primarily  over  pay,  included  those  by  inland  water  transport  employees  and 
workers  at  Chittagong  port,  the  country's  major  harbor.  Some  employees  organized 
in  professional  associations  or  unregistered  unions  also  went  on  strike  during  1997. 
University  teachers  struck  for  short  periods  from  time  to  time  over  the  continuing 
problem  of  campus  violence. 

General  strikes  are  standard  tools  of  political  opposition  groups  and  are  used  to 
pressure  the  Government  to  meet  political  demands.  Such  strikes  were  greatly  re- 
duced compared  with  1996,  but  2  full-day  general  strikes  and  2  half-day  strikes  for 
political  reasons  had  occurred  by  the  end  of  August.  Wildcat  strikes  are  illegal  but 
occur  frequently,  with  varying  government  responses.  Wildcat  strikes  in  the  trans- 
portation sector  are  particularly  common. 

The  Essential  Services  Ordinance  permits  the  Government  to  bar  strikes  for  3 
months  in  any  sector  that  it  declares  essential.  This  ban,  generally  obeyed,  has  so 
far  been  applied  to  national  airline  pilots,  water  supply  workers,  shipping  operations 
employees,  and  electricity  supply  workers.  The  bans  tend  to  be  renewed  eveiy  3 
months.  The  (jovemment  is  empowered  to  prohibit  a  strike  or  lockout  at  any  time 
before  or  after  the  strike  or  lockout  begins  and  to  refer  the  dispute  to  the  labor 
court.  Mechanisms  for  conciliation,  arbitration,  and  labor  court  dispute  resolution 
were  established  under  the  Industrial  Relations  Ordinance  of  1969.  Workers  have 
the  right  to  strike  in  the  event  of  a  failure  to  settle.  If  a  strike  lasts  30  days  or 
longer,  the  Government  may  prohibit  the  strike  and  refer  the  dispute  to  the  Labor 
Court  for  adjudication.  This  has  not  happened  since  1993. 


1627 

There  are  provisions  in  the  Industrial  Relations  Ordinance  for  the  immunity  of 
registered  unions  or  union  ofiicers  from  civil  liability.  Enforcement  of  these  provi- 
sions is  uneven.  In  the  case  of  illegal  work  actions,  such  as  transportation  block- 
ades, police  have  arrested  union  members  under  the  Special  Powers  Act  or  regular 
criminal  codes. 

There  are  no  restrictions  on  affiliation  with  international  labor  organizations,  and 
unions  and  federations  maintain  a  variety  of  such  links.  Trade  unionists  are  re- 
quired to  obtain  government  clearance  to  travel  to  International  Labor  Organization 
(ILO)  meetings,  but  no  clearances  were  reported  denied  in  1997. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — Collective  bargaining  is  legal 
only  for  private  sector  workers,  on  condition  that  the  workers  are  represented  oy 
unions  legally  registered  as  collective  bargaining  agents  by  the  Registrar  of  Trade 
Unions.  Collective  bargaining  occurs  on  occasion  in  large  private  enterprises  such 
as  pharmaceuticals  or  jute  and  textiles,  but  with  unemployment  in  the  30  percent 
range,  woricers'  concerns  over  job  security  often  outweigh  wage  and  other  issues. 
Collective  bargaining  generally  does  not  occur  in  small  private  enterprises. 

Public  sector  workers'  pay  levels  and  other  benefits  are  recommended  by  the  Na- 
tional Pay  and  Wages  Commission.  The  Commission's  recommendations  are  binding 
and  may  not  be  disputed  except  on  the  issue  of  implementation. 

Under  the  Industrial  Relations  Ordinance,  there  is  considerable  leeway  for  dis- 
crimination against  union  members  and  organizers  by  employers.  For  example,  the 
Ordinance  allows  arbitrary  transfer  of  workers  suspected  of  union  activities  or  ter- 
mination with  payment  of  mandatory  severance  benefits  (2  weeks'  salary).  Com- 
plaints that  employers  routinely  engage  in  antiunion  discrimination  and  harass- 
ment, including  physical  attack,  are  particularly  common  in  the  garment  industry. 
In  practice,  private  sector  employers,  sometimes  working  in  collaboration  with  local 
police,  tend  to  discourage  any  union  activity.  The  Registrar  of  Trade  Unions  rules 
on  discrimination  complaints.  In  a  number  of  cases  the  Labor  Court  has  ordered  the 
reinstatement  of  workers  fired  for  union  activities.  However,  the  Labor  Court's  over- 
all effectiveness  is  hampered  by  a  serious  case  backlog,  and  there  have  also  been 
allegations  that  some  of  its  deliberations  have  been  corrupted  by  employers. 

The  law  prohibits  professional  and  industw-based  unions  in  the  two  export  proc- 
essing zones  (EPZ's).  A  small  number  of  workers  in  the  EPZ's  have  skirted  pronibi- 
tions  on  forming  unions  by  setting  up  associations.  The  BNP  government  stated  in 
1992  that  labor  law  restrictions  on  freedom  of  association  and  formation  of  unions 
in  the  EPZ's  would  be  lifted  by  1997.  So  far,  however,  this  has  not  been  done.  In 
the  burgeoning  garment  industry,  there  have  been  numerous  complaints  of  workers 
being  harassed  and  fired  in  some  factories  for  trying  to  organize  unions.  In  addition 
to  the  prohibition  on  unions,  no  collective  bargaining  takes  place  in  the  EPZ's.  About 
48,000  persons  are  employed  in  EPZ's,  primarily  in  the  textile  and  apparel,  elec- 
tronics component,  and  leather  industries. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  forced 
or  compulsory  labor,  including  that  performed  by  children.  The  Factories  Act  and 
Shops  and  Establishment  Act,  both  passed  in  1965,  set  up  inspection  mechanisms 
to  enforce  laws  against  forced  labor.  These  laws  are  not  rigorously  enforced,  partly 
because  resources  for  enforcement  are  few.  There  is  no  large-scale  bonded  labor. 
However,  some  domestic  servants,  including  many  children,  work  in  conditions  that 
resemble  servitude  and  may  suffer  physical  abuse,  sometimes  resulting  in  death. 

There  is  extensive  trafficking  in  both  women  and  children,  primarily  to  the  Mid- 
dle East,  India,  Pakistan,  and  Southeast  Asia,  and  also  witnin  Bangladesh.  The 
trade,  which  mainly  is  for  purposes  of  prostitution  and  labor  servitude,  is  difficult 
to  quantify.  The  connivance  of  officials  at  various  levels  allows  the  trade  to  function. 
Human  rights  monitors  report  that  police  and  local  government  ofiicials  often  either 
ignore  trafficking  of  children  and  women  for  prostitution,  or  actually  profit  from  it. 
Enforcement  of  laws  against  it  is  hamperea  by  poor  records  and  easy  access  to 
forged  identity  documents.  Most  trafficked  persons  are  lured  by  promises  of  good 
jobs  or  marriage.  The  Government  has  expressed  concern  about  the  problem  and 
nas  worked  witn  U.N.  agencies  and  nongovernmental  organizations  to  seek  ways  to 
combat  it.  Awareness  oi  the  issue  is  increasing,  and  it  receives  frequent  press  cov- 
erage. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
prohibits  labor  by  children,  including  forced  or  bonded  labor.  However,  such  prac- 
tices occur  (see  Section  6.c.).  The  Factories  Act  of  1965  bars  children  under  the  age 
of  14  from  working  in  factories.  This  law  also  stipulates  that  young  workers  (chil- 
dren and  adolescents)  are  only  allowed  to  work  a  maximum  5-hour  day  and  only 
between  the  hours  of  7  a.m.  and  7  p.m. 

Enforcement  of  these  rules  is  inadequate.  Because  of  widespread  poverty,  many 
children  begin  to  work  at  a  very  young  age.  According  to  a  1996  labor  force  survey 


1628 

by  the  Government,  the  country  has  6.3  million  working  children  between  the  ages 
of  5  and  14  years,  the  great  majority  of  whom  performed  unpaid  labor  for  their  fami- 
lies, especially  in  agricultural  areas.  UNICEF  and  ILO  surveys  indicate  that,  of  chil- 
dren 6  to  17  years  of  age,  21  percent  of  boys  and  4  percent  of  girls  are  working  in 
paid  employment.  Children  are  commonly  seen  driving  rickshaws,  breaking  bncks 
at  construction  sites,  carrying  fruit,  vegetables,  and  dry  goods  for  shoppers  at  mar- 
kets, and  working  at  tea  stalls.  They  are  found  as  peelers,  packers,  and  beach- 
combers in  the  shrimp  industry.  Also,  children  work  side  by  side  with  other  family 
members  in  small-scale  and  subsistence  agriculture.  Children  routinely  perform  do- 
mestic work.  Cases  of  children  being  physically  abused  and  occasionally  killed  by 
heads  of  households  where  they  work  are  reported  in  the  press.  Under  the  law, 
every  child  must  attend  school  through  the  fifln  grade,  or  to  age  10  years.  However, 
the  Government  continues  to  maintain  that  it  does  not  yet  nave  the  resources  to 
inaplement  this  law  effectively. 

Protracted  negotiations  led  to  the  July  1995  signing  of  a  memorandum  of  under- 
standing (MOU)  between  the  Bangladesh  Garment  Manufacturers  and  Exporters 
Association  (BGMEA),  UNICEF,  and  the  ILO  to  eliminate  child  labor  in  the  export 

farment  sector.  Under  the  MOU,  the  garment  sector  was  to  become  child  labor  free 
y  October  31,  1996,  with  former  child  laborers  enrolled  in  UNICEF-run  schools, 
and  follow-up  inspections  of  factories  by  ILO  inspection  teams.  The  children  receive 
a  small  monthly  stipend  while  attending  school  to  help  replace  their  lost  income. 
Under  the  MOU,  more  than  8,000  former  child  laborers  were  enrolled  in  over  300 
UNICEF  schools  during  1997.  Since  October  1996,  follow-up  inspection  teams  have 
consistently  found  more  than  80  percent  of  factories  child  labor  free.  Violations  of 
the  ban  on  child  labor  were  minimal  and  declining.  According  to  ILO  inspectors, 
most  violating  factories  had  one  or  two  laborers,  and  only  about  1  percent  of  the 
factories  more  than  this  number.  The  almost  3,000  new  child  laborers  who  had  been 
found  by  inspection  teams  by  the  end  of  November  were  subsequently  enrolled  in 
MOU  schools.  The  BGMEA  imposed  some  fines  on  members  who  were  found  to  be 
violating  the  MOU,  although  an  arbitration  committee  that  imposed  these  fines 
functioned  slowly.  As  of  September  1,  BGMEA  began  to  assess  violating  factories 
charges  equal  to  the  cost  oi  providing  stipends  and  schooling  to  newly  discovered 
laborers,  and  the  ILO  credited  this  development  with  causing  a  significant  reduction 
in  the  violations.  The  number  of  children  working  in  nonexpert,  or  nonfactory  gar- 
ment production,  is  unknown. 

The  law  allows  prostitution  for  those  over  the  age  of  18  with  government  certifi- 
cation. The  law  provides  a  maximum  sentence  of  life  imprisonment  for  persons 
found  guilty  of  forcing  a  child  into  prostitution.  However,  minimum  age  require- 
ments are  commonly  ignored  by  authorities,  abetted  by  lax  age  documentation.  Pro- 
curers of  minors  are  rarely  prosecuted.  As  a  result,  there  are  large  numbers  of  child 
prostitutes  in  government-sanctioned  brothels.  Human  rights  groups  have  estimated 
there  may  be  over  8,000  child  prostitutes,  most  of  them  coerced,  in  the  government- 
sanctioned  brothels. 

e.  Acceptable  Conditions  of  Work. — There  is  no  national  minimum  wage.  Instead, 
the  wage  commission,  which  convenes  every  several  years,  sets  wages  and  benefits 
industry  by  industry.  In  most  cases,  private  sector  employers  ignore  this  wage  struc- 
ture. Organized  jute  and  textile  workers  have  called  strikes  in  an  attempt  to  win 
wage  parity  for  their  industry's  private  sector  workers.  The  average  monthly  wage 
is  sufficient  to  provide  an  individual  with  a  minimal  standard  of  living  but  is  not 
sufficient  to  provide  a  decent  standard  of  living  for  a  worker  and  family. 

The  law  sets  a  standard  48-hour  workweek  with  1  day  off  mandated.  A  60-hour 
workweek,  inclusive  of  a  maximum  12  hours  of  overtime,  is  allowed.  The  law  is 
poorly  enforced  in  industries  such  as  hosiery  and  ready-made  garments. 

The  Factories  Act  of  1965  nominally  sets  occupational  health  and  safety  stand- 
ards. The  law  is  comprehensive  but  appears  to  De  largely  ignored  by  employers. 
Workers  may  resort  to  legal  action  for  enforcement  of  the  law  s  provisions,  out  few 
cases  are  actually  prosecuted.  Enforcement  by  the  Labor  Ministry's  industrial  in- 
spectors is  weak.  Due  to  high  unemployment  and  inadequate  enforcement  of  the 
laws,  workers  demanding  correction  of  dangerous  working  conditions  or  refusing  to 
participate  in  perceived  dangerous  activities  risk  losing  their  jobs. 


BHUTAN 

Bhutan  is  a  monarchy  without  a  constitution  or  a  bill  of  rights.  The  Wangchuk 
Dynasty  of  hereditary  monarchs  has  ruled  the  country  since  1907.  King  Jigme 
Singh  ye  Wangchuk,  on  the  throne  since  1972,  has  continued  efforts  toward  social 


1629 

and  political  modernization  begun  by  his  father.  In  recent  years,  there  has  been 
rapid  progress  in  education,  health,  sanitation,  and  communications,  and  an  in- 
crease in  elected  representatives  and  their  role  in  decisionmaking.  The  judiciary  is 
not  independent  of  the  King. 

Approximately  two-thirds  of  the  government-declared  population  of  600,000  is 
composed  of  Buddhists  with  cultural  traditions  akin  to  those  of  Tibet.  The  Buddhist 
majority  comprises  two  principal  ethnic  and  linguistic  groups:  the  Ngalops  of  west- 
em  Bhutan  and  the  Sharchops  of  eastern  Bhutan.  The  remaining  third  of  the  popu- 
lation are  mostly  Hindus  of  Nepalese  origin  inhabiting  the  countiys  southern  ais- 
tricts.  Bhutanese  dissident  groups  claim  that  the  actual  population  is  between 
650,000  and  700,000  and  that  the  Government  underreports  the  number  of  ethnic 
Nepalese  living  in  the  country.  The  rapid  growth  of  this  ethnic  Nepalese  segment 
of  the  population  led  the  Buddhist  majority  to  fear  for  the  survival  of  their  culture. 
Government  efforts  to  tighten  citizenship  requirements  and  control  illegal  immigra- 
tion resulted  in  political  protests  and  led  to  ethnic  conflict  and  repression  of  ethnic 
Nepalese  in  soutnem  districts  during  the  late  1980's  and  early  1990's.  Tens  of  thou- 
sands of  ethnic  Nepalese  left  Bhutan  in  1991-92,  many  forcibly  expelled.  Approxi- 
mately 91,000  ethnic  Nepalese  remain  in  refugee  camps  in  Nepal  and  upwards  of 
15,000  reside  outside  the  camps  in  the  Indian  states  of  Assam  and  West  Bengal. 
The  Government  maintains  that  some  of  those  in  the  camps  were  never  residents 
of  Bhutan,  therefore,  have  no  right  to  return. 

The  Royal  Bhutan  Police,  assisted  by  the  Royal  Bhutan  Army,  including  those  as- 
signed to  the  Royal  Body  Guard,  and  a  national  militia,  maintain  internal  security. 
Some  members  of  these  forces  committed  human  rights  abuses  against  ethnic  Nepa- 
lese. 

The  economy  is  based  on  agriculture  and  forestry,  which  provide  the  main  liveli- 
hood for  90  percent  of  the  population  and  account  for  about  half  of  the  gross  domes- 
tic product.  Agriculture  consists  largely  of  subsistence  farming  and  animal  hus- 
bandry. Cardamon,  citrus  fruit,  and  spices  are  the  leading  agricultural  exports.  Ce- 
ment and  electricity  are  the  other  important  exports.  Strong  trade  and  monetary 
links  align  the  economy  closely  to  that  of  India.  Hydroelectric  power  production  po- 
tential and  tourism  are  key  resources,  although  the  Government  limits  foreign  tour- 
ist arrivals  by  means  of  pricing  policies.  The  gross  national  product  per  capita  is 
estimated  to  be  $470.  Bhutan  remains  among  the  poorest  and  least  developed  coun- 
tries in  the  world. 

The  Government  significantly  restricts  the  rights  of  the  Kingdom's  citizens.  The 
King  exercises  strong,  active,  and  direct  power  over  the  Government.  Citizens  do  not 
have  the  right  to  change  their  government.  The  Government  discourages  political 
parties,  and  none  operates  legally.  Judges  serve  at  the  King's  pleasure.  Criminal 
cases  and  a  variety  of  civil  matters  are  adjudicated  under  a  legal  code  established 
in  the  17th  century  and  revised  in  1965.  Programs  to  build  a  body  of  written  law 
and  train  lawyers  are  progressing.  For  example,  the  Government  has  recently  sent 
15  to  20  students  to  India  and  other  countries  for  legal  training.  The  Government 
restricts  freedom  of  speech,  the  press,  assembly,  association,  and  worker  rights. 
There  are  significant  limitations  on  the  right  to  a  fair  trial,  freedom  of  religion,  and 
citizens'  privacy.  Private  television  reception  has  been  banned  since  1989.  iTie  Gov- 
ernment nas  failed  to  reach  agreement  with  the  Government  of  Nepal  on  procedures 
for  screening  and  repatriation  of  ethnic  Nepalese  in  refugee  camps.  The  Government 
claims  that  it  has  prosecuted  government  personnel  for  unspecified  abuses  commit- 
ted in  the  early  1990's;  however,  public  indications  are  that  it  has  done  little  to  in- 
vestigate and  prosecute  security  force  officials  responsible  for  torture  and  other 
abuses  committed  against  ethnic  Nepalese  residents.  A  resolution  adopted  by  the 
National  Assembly  m  July  prohibits  the  still-resident  family  members  of  ethnic 
Nepalese  refugees  from  holding  jobs  with  the  Government  or  in  the  armed  forces, 
although  it  was  not  enforced  during  the  year. 

RESPECT  FOR  HUMAN  RIGHTS 
Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  political  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
According  to  the  Center  for  the  Treatment  of  Victims  of  Torture,  numerous  ethnic 
Nepalese  refugees  attempting  to  return  to  Bhutan  were  captured  by  security  forces, 
tortured,  and  sent  back  across  the  border.  Instances  of  torture  of  ethnic  Nepalese 
who  attempted  to  return  to  Bhutan  occurred  in  1996.  There  have  been  no  such  cases 
in  1997. 


1630 

Refugee  groups  credibly  claim  that  persons  detained  as  susp>ected  dissidents  in 
the  etiriy  1990s  were  tortured  by  security  forces,  who  also  committed  acts  of  rape. 
During  those  years,  the  Government's  ethnic  policies  and  the  crackdown  on  ethnic 
Nepalese  political  agitation  created  a  climate  of  impunity  in  which  the  Government 
tacitly  condoned  the  physical  abuse  of  ethnic  Nepalese.  The  Government  denies 
these  abuses  but  also  claims  it  has  investigated  and  prosecuted  three  government 
personnel  for  unspecified  abuses  of  authority  during  that  period.  Details  of  these 
cases  have  not  been  made  public  and  there  is  little  indication  that  the  Government 
has  adequately  investigated  or  punished  any  security  force  officials  involved  in  the 
widespread  abuses  of  1989-92.  Human  rights  groups  allege  that  Gomchen  Karma, 
a  Bud(^ist  monk  arrested  on  October  23  during  a  peaceful  demonstration  in  eastern 
Bhutan,  was  beaten  to  death  by  government  ofiicials  subsequent  to  his  arrest.  Ac- 
cording to  the  Government,  an  investigation  of  the  incident  is  underway  and  an  ar- 
rest has  been  made. 

Prison  conditions  are  reportedly  adequate  if  austere.  A  program  of  visits  to  pris- 
ons in  tjie  capital,  Thimphu,  begun  in  1993  by  the  International  Committee  of  the 
Red  Cross  (ICRC)  and  opening  of  a  new  prison  in  Chemgang  in  1994  contributed 
to  substantial  improvement  in  conditions  of  detention  over  the  primitive  conditions 
that  existed  until  a  few  years  ago.  The  ICRC  completed  its  most  recent  visits  to  the 
Chemgang  central  jail  and  the  Thimphu  detention  center  in  October.  Bhutanese 
human  rights  groups  active  outside  the  country  maintain  that  prison  conditions  out- 
side of  Thimphu  remain  oppressive. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Under  the  Police  Act  of  1979,  police  may 
not  arrest  a  person  without  a  warrant  and  must  produce  an  arrested  person  before 
a  court  within  24  hours  of  arrest,  exclusive  of  travel  time  from  place  of  arrest.  Legal 
protections  are  incomplete,  however,  due  to  the  lack  of  a  fully  elaborated  criminal 
procedure  code  and  deficiencies  in  police  training  and  practice.  Arbitrary  arrest  and 
detention  remain  a  problem  but  are  not  routinely  used  as  a  form  of  harassment. 
There  sometimes  have  been  delays  in  informing  family  members  of  an  arrest.  In- 
communicado detention  of  suspected  militants  was  a  serious  problem  in  1991  and 
1992,  but  the  initiation  of  ICRC  prison  visits  and  establishment  of  an  ICRC  mail 
service  between  detainees  and  family  membe.s  has  helped  allay  this  problem.  Of 
those  detained  in  connection  with  political  dissidence  and  violence  in  southern  Bhu- 
tan in  1991-92,  1,685  were  ultimately  amjiestied,  68  are  serving  sentences  after 
conviction  by  the  High  Court,  nine  were  acquitted  by  the  High  Court,  and  71  were 
released  after  serving  prison  sentences. 

Four  persons  were  arrested  in  February  in  Trashi  and  charged  with  involvement 
in  seditious  activities.  They  were  convicted  by  the  High  Court  and  are  currently 
serving  prison  sentences.  Human  rights  groups  allege  that  in  July  and  August,  the 
Royal  Bhutan  Police  (RBP)  in  and  around  Samdrup  Jongkar  town  in  the  east  ar- 
rested some  50  suspected  supporters  of  a  Bhutanese  dissident  group  active  outside 
the  country.  The  Government  states  that  only  16  persons  were  arrested  during  this 
period  and  that  they  have  been  charged  with  involvement  in  seditious  activities  and 
are  awaiting  trial.  Many  were  said  to  be  supporters  of  United  Front  for  Democracy 
in  Bhutan  (UFD)  leader  Rongthong  Kunley  Dorji,  who  was  arrested  in  India  on 
April  18  following  the  issuance  of  an  extradition  request  by  Bhutanese  authorities. 
Dorji  faces  extradition  proceedings  in  India  and  possible  return  to  Bhutan  to  face 
charges  of  fraud  and  nonpayment  of  loans,  and  incitement  to  violence.  The  ori^nal 
Bhutanese  extradition  request  included  a  third  charge,  "anti-national  activities,  but 
this  was  later  dropped  when  it  became  clear  that  Indian  law  would  preclude  his  ex- 
tradition to  face  political  chaises.  Human  rights  groups  say  that  the  charges 
brought  against  Dorji  are  politically  motivated  and  constitute  an  attempt  by  the 
government  to  suppress  his  pro-democracy  activities. 

Amnesty  International  (AI)  reported  that  some  of  those  arrested  are  feared  to  be 
at  risk  of  torture.  Bhutanese  human  rights  groups  outside  the  country  claim  that 
the  arrests,  including  those  of  several  Buddhist  monks,  are  aimed  at  imposing 
Ngalop  norms  on  the  eastern,  Sharchop  community,  which  has  a  distinct  ethnic  and 
religious  identity. 

Human  rights  activists  allege  that  police  arrested  as  many  as  50  more  persons 
participating  in  a  peaceful  demonstration  in  eastern  Bhutan  on  October  23,  bringing 
to  approximately  100  the  number  of  persons  held  on  suspicion  of  involvement  in  se- 
ditious activities  at  year's  end.  Gomchen  Karma,  a  Buddhist  monk  among  those  ar- 
rested on  October  23,  is  alleged  to  have  been  beaten  to  death  by  a  government  offi- 
cial subsequent  to  his  arrest.  Another  Buddhist  monk  arrested  October  23,  Thinley 
Oezor  Khenpo,  chief  monk  of  eastern  Bhutan,  was  still  in  custody  at  year's  end. 

Although  the  Gk)vemment  does  not  formally  use  exile  as  a  form  of  punishment, 
many  accused  political  dissidents  freed  under  government  amnesties  say  that  they 


1631 

were  released  on  the  condition  that  they  depart  the  country.  Many  of  them  subse- 
quently registered  at  refijgee  camps  in  Nepal. 

e.  Denial  of  Fair  Public  Trial. — There  is  no  written  constitution,  and  the  judiciary 
is  not  independent  of  the  King. 

The  judicial  system  consists  of  district  courts  and  a  High  Court  in  Thimphu. 
Judges  are  appointed  by  the  King  on  the  recommendation  oi  the  Chief  Justice  and 
may  be  removed  by  him.  Minor  oiTenses  and  administrative  matters  are  adjudicated 
by  village  headmen. 

Criminal  cases  and  a  variety  of  civil  matters  are  adjudicated  under  a  legal  code 
established  in  the  17th  century  and  revised  in  1965.  For  offenses  against  the  State, 
state-appointed  prosecutors  file  charges  and  prosecute  cases.  In  other  cases,  the  rel- 
evant organizations  and  departments  of  government  file  charges  and  conduct  the 
prosecution.  Defendants  are  supposed  to  be  presented  with  written  charges  in  lan- 
guages that  they  understand  and  given  time  to  prepare  their  own  defense.  This 
practice  is  not  always  followed,  however,  according  to  some  political  dissidents.  In 
cases  where  defendants  cannot  write  their  own  defense,  courts  assign  judicial  offi- 
cers to  assist  defendants.  A  legal  education  program  is  gradually  building  a  body 
of  persons  who  have  received  wrmal  training  in  the  law  abroad.  Village  headmen, 
who  have  the  power  to  arbitrate  disputes,  make  up  the  bottom  rung  of  the  judicial 
system.  Their  decisions  can  be  reviewed  by  magistrates,  each  with  responsibility  for 
a  block  of  villages.  Magistrates'  decisions  can  be  appealed  to  district  judges,  of  which 
there  is  one  for  each  of  the  country's  20  districts.  The  High  Court  in  Thimphu  is 
the  country's  supreme  court.  Its  decisions  can  be  appealed  to  the  king. 

Defendants  have  the  right  to  appeal  to  the  High  Court  and  may  make  a  final  ap- 
peal to  the  King,  who  traditionally  delegates  the  decision  to  the  Royal  Advisory 
Council.  Trials  are  supposed  to  be  conducted  in  open  hearings,  however,  political 
dissidents  claim  that  this  is  not  always  the  case  in  practice. 

Questions  of  family  law,  such  as  marriage,  divorce,  and  adoption,  are  resolved  ac- 
cording to  a  citizen's  religion:  Buddhist  tradition  for  the  majority  of  the  population 
and  Hindu  tradition,  which  predominates  in  areas  inhabited  by  ethnic  Nepalese,  for 
the  nunority. 

Some  or  all  of  the  approximately  75  prisoners  serving  sentences  for  offenses  relat- 
ed to  political  dissidence  or  violence,  primarily  by  ethnic  Nepalese  during  1991-92, 
may  be  political  prisoners. 

Tek-Nath  Rizal,  an  ethnic  Nepalese  and  internationally  recognized  political  pris- 
oner, remained  in  prison  following  his  1993  conviction  under  the  National  Security 
Act  for  writing  and  distributing  political  pamphlets  and  attending  poHtical  meet- 
ings. Nevertheless,  a  United  Nations  Human  Rights  Commission  working  group  on 
arbitrary  detention  that  visited  Bhutan  in  1994  at  the  Government's  invitation  de- 
termined that  Rizal  had  received  a  fair  trial  and  declared  his  detention  "not  to  be 
arbitrary." 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — There 
are  no  laws  providing  for  these  rights.  The  Government  requires  ail  citizens,  includ- 
ing minorities,  to  wear  the  traditional  dress  of  the  Buddhist  majority  when  visiting 
Buddhist  religious  buildings,  monasteries,  government  offices,  and  in  schools  and 
when  attending  official  functions  and  public  ceremonies.  According  to  human  rights 
groups  police  regularly  conduct  house  to  house  searches  for  suspected  dissidents 
without  explanation  or  legal  justification. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Government  restricts  freedom  of  speech 
and  the  press. 

The  country's  only  regular  publication  is  Kuensel,  a  weekly  newspaper  with  a  cir- 
culation of  10,000,  enjoys  autonomous  status,  but  is  not  privately  owned.  Bhutanese 
human  rights  groups  state  that  government  ministries  regularly  review  editorial 
material  and  have  tne  power  to,  and  regularly  do,  suppress  or  change  content.  They 
allege  that  the  board  of  directors  nominally  responsible  for  editorial  policy  is  ap- 
pointed by  and  can  be  removed  by  the  Government.  Kuensel,  which  publishes  simul- 
taneous editions  in  the  English,  Dzongkha,  and  Nepali  languages,  supports  the  Gov- 
ernment but  does  occasionally  report  criticism  of  the  King  and  government  policies 
in  the  National  Assembly.  Indian  and  other  foreign  newspapers  are  available. 

The  Government  bans  all  private  television  reception  in  the  country.  Since  1989 
all  television  antennas  and  satellite  receiving  dishes  have  been  ordered  dismantled. 

The  Government  radio  station  broadcasts  each  day  in  the  four  major  languages 
(Dzongkha,  Nepali,  English,  and  Sharchop). 

English  is  the  medium  of  instruction  in  schools  and  the  national  language, 
Dzongkha,  is  taught  as  second  language.  The  teaching  of  Nepali  as  a  second  lan- 
guage was  discontinued  in  1990. 


1632 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Government  restricts  free- 
dom of  assembly  and  association.  Citizens  may  engage  in  peaceful  assembly  and  as- 
sociation only  for  purposes  approved  by  the  Gfovemment.  Although  the  Government 
allows  civic  and  business  organizations,  there  are  no  legal  politick  parties.  The  Gov- 
ernment regards  parties  organized  by  ethnic  Nepalese  exiles — the  Bhutan  People's 
Party  (BPP),  the  Bhutan  National  Democratic  Party  (BNDP),  and  the  Druk  Na- 
tional Congress  (DNC) — as  "terrorist  and  anti-national"  organizations  and  has  de- 
clared them  illegal.  These  parties  do  not  conduct  activities  inside  the  country.  They 
seek  the  repatriation  of  refugees  and  democratic  reform. 

c.  Freedom  of  Religion. — ^Buddhism  is  the  state  religion.  The  Government  sub- 
sidizes monasteries  and  shrines  and  provides  aid  to  about  a  third  of  the  kingdom's 
12,000  monks.  That  part  of  the  monastic  establishment  following  the  school  of  Bud- 
dhism practiced  by  the  western,  Ngalop  ethnic  group  enjoys  statutory  representa- 
tion in  the  National  Assembly  and  Royal  Advisory  Council  and  is  an  influential 
voice  on  public  policy.  Citizens  of  other  faiths,  mostly  Hindus,  enjoy  freedom  of  wor- 
ship but  may  not  proselytize.  Under  the  law,  conversions  are  illegal. 

"Die  King  has  declared  major  Hindu  festivals  to  be  national  holidays,  and  the 
royal  famify  participates  in  them.  Foreign  missionaries  are  not  permitted  to  pros- 
elytize, but  international  Christian  reliei  organizations  and  Jesuit  priests  are  active 
in  education  and  humanitarian  activities. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  traveling  in  border  regions  are  required  to  show  their  citizen- 
ship identity  cards  at  immigration  check  points,  which  in  some  cases  are  located  at 
a  considerable  distance  from  what  is  in  eflect  an  open  border  with  India.  By  treaty, 
citizens  may  reside  and  work  in  India. 

See  Section  5  regarding  the  ethnic  Nepalese  refugee  situation. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  do  not  have  the  right  to  change  their  government.  Bhutan  is  a  monarchy 
with  sovereign  power  vested  in  the  King.  There  are,  however,  elected  or  partially 
elected  assemblies  at  the  local,  district,  and  national  levels,  and  the  Government 
purports  to  encourage  decentralization  and  citizen  participation.  Since  1969,  the  Na- 
tional Assembly  has  had  the  power  to  remove  ministers,  who  are  appointed  by  the 
King,  but  has  never  done  so.  Political  authority  resides  ultimately  in  the  King  and 
decisionmaking  involves  only  a  small  number  of  officials.  However,  major  decisions 
are  routinely  made  by  officials  subject  to  questioning  by  the  National  Assembly,  but 
it  is  not  known  to  have  overturned  any  decisions  reacned  by  the  King  and  govern- 
ment oflicials. 

Political  parties  do  not  legally  exist,  and  their  formation  is  discouraged  by  the 
Government  as  unnecessarily  divisive.  The  Government  prohibits  parties  estab- 
lished abroad  by  ethnic  Nepalese  (see  Section  2.b.). 

The  National  Assembly  established  in  1953,  has  150  members.  Of  these,  105  are 
elected  by  the  people,  10  are  selected  by  a  part  of  the  Buddhist  clergy,  and  the  re- 
maining 35  are  appointed  by  the  King  to  represent  the  Government. 

The  procedures  for  the  nomination  and  election  of  National  Assembly  members 
are  set  out  in  an  amendment  to  the  country's  Basic  Law  proposed  by  the  King  and 
adopted  by  the  73rd  session  of  the  National  Assembly  in  1995.  It  provides  that  in 
order  to  be  eligible  for  nomination  as  a  candidate  for  election  to  the  National  Assem- 
bly, a  person  must  be  a  citizen  of  Bhutan,  be  at  least  25  years  of  age,  not  be  married 
to  a  foreign  national,  not  have  been  terminated  or  compulsorily  retired  for  mis- 
conduct from  government  service,  not  have  committed  any  act  of  treason  against  the 
King,  the  people,  and  country,  have  no  criminal  record  or  any  criminal  case  pending 
against  him,  have  respect  for  the  nation's  laws,  and  be  able  to  read  and  write  in 
Ddzongkha  (the  language,  having  different  dialects  in  eastern  and  western  Bhutan, 
spoken  by  Bhutanese  Buddhists). 

Each  National  Assembly  constituency  consists  of  a  number  of  villages.  Each  vil- 
lage is  permitted  to  nominate  one  candidate  but  must  do  so  by  consensus.  There 
is  no  provision  for  self-nomination  and  the  law  states  that  "no  person  .  .  .  may  cam- 
paign for  the  candidacy  or  canvass  through  other  means."  If  more  than  one  village 
within  a  constituency  puts  forward  a  candidate,  an  election  is  conducted  by  the  dis- 
trict development  committee,  and  the  candidate  obtaining  a  simple  majority  of  votes 
cast  is  declared  the  winner.  The  law  does  not  make  clear  how  a  candidate  is  selected 
if  none  achieves  a  simple  majority.  It  does  state,  however,  that  in  case  of  a  tie 
among  the  candidates  in  the  election,  drawing  of  lots  shall  be  resorted  to.  The  can- 
didate whose  name  is  drawn  shall  be  deemed  to  be  elected. 

Bhutanese  human  rights  activists  state  that  the  only  time  individual  citizens  have 
any  involvement  in  choosing  a  National  Assembly  representative  is  when  they  are 


1633 

asked  for  their  consensus  approval  of  a  village  candidate  by  the  village  headman. 
The  name  put  to  villagers  for  consensus  approval  by  the  headman  is  suggested  to 
him  by  district  officials,  who  in  turn  take  tneir  direction  from  the  central  govern- 
ment. Consensus  approval  takes  place  at  a  public  gathering.  There  is  no  secret  bal- 
lot, according  to  human  rights  activists. 

The  Assembly  enacts  laws,  approves  senior  government  appointments,  and  ad- 
vises the  King  on  matters  of  national  importance.  Voting  is  by  secret  ballot,  with 
a  simple  majority  needed  to  pass  a  measure.  The  King  may  not  formally  veto  legis- 
lation, but  may  return  bills  for  further  consideration.  The  Assembly  occasionally  re- 
jects the  King's  reconunendations  or  delays  implementing  them,  but  in  general,  the 
King  has  enough  influence  to  persuade  the  Assembly  to  approve  legislation  that  he 
considers  essential  or  to  withoraw  proposals  he  opposes.  The  Assembly  may  ques- 
tion government  officials  and  force  them  to  resign  by  a  two-thirds  vote  of  no  con- 
fidence. However,  the  National  Assembly  has  never  compelled  any  government  offi- 
cial to  resign. 

Women  are  underrepresented  in  government  and  politics,  although  they  have 
made  small  but  visible  gains.  Three  women  hold  seats  in  the  National  Assembly. 

All  major  ethnic  groups,  including  ethnic  Nepalese,  are  represented  in  the  Na- 
tional Assembly.  There  are  16  "southern  Bhutanese"  in  the  National  Assembly. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  no  legal  human  rirfits  nongovernmental  organizations  (NGO's)  in  Bhu- 
tan. The  Government  regards  human  rights  groups  established  by  ethnic  Nepalese 
exiles — the  Human  Rights  Organization  of  Bhutan,  the  People's  Forum  for  Human 
Rights  in  Bhutan,  and  the  Association  of  Human  Rights  Activists  -  Bhutan — as  po- 
litical organizations  and  does  not  permit  them  to  operate  in  Bhutan.  Amnesty  Inter- 
national visited  Bhutan  in  1992  to  investigate  and  report  on  the  alleged  abuse  of 
ethnic  Nepalese.  It  has  not  been  permitted  to  return  in  the  years  since. 

ICRC  representatives  continue  their  periodic  prison  visits,  and  the  Government 
has  allowed  them  access  to  detention  facilities,  including  those  in  southern  districts 
inhabited  by  ethnic  Nepalese.  The  chairman  and  members  of  the  United  Nations 
Human  Rights  Commission  Working  Group  on  Arbitrary  Detention  made  a  second 
visit  to  Bhutan  in  May  1996  as  a  follow-up  to  an  October  1994  visit.  In  addition 
to  meetings  with  government  officials,  members  of  the  working  group  visited  prisons 
and  interviewed  prisoners  in  Thimphu,  Phuntsoling,  and  Samtse. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

Ongoing  Government  efforts  to  cultivate  a  national  identity  rooted  in  the  lan- 
guage, refigion,  and  culture  of  the  Ngalop  ethnic  group  constrain  cultural  expression 
by  other  ethnic  groups.  In  the  1980's  and  early  1990's,  concern  over  rapid  population 
growth  and  political  agitation  by  ethnic  Nepalese  resulted  in  policies  and  abusive 
practices  that  led  to  the  departure  of  tens  of  thousands  of  members  of  this  group, 
many  forcibly  expelled. 

The  Government  claims  that  ethnic  and  gender  discrimination  in  employment  is 
not  a  problem.  It  claims  that  ethnic  Nepalese  fill  28  percent  of  Government  jobs, 
which  slightly  exceeds  their  share  of  the  current  total  population.  Bhutanese  human 
rights  groups  active  outside  the  country  claim  that  ethnic  Nepalese  actually  make 
up  about  35  percent  of  Bhutan's  p)opulation  and  that  the  Government  under-reports 
their  number.  Women  are  accorded  respect  in  the  traditions  of  most  ethnic  groups; 
however,  persistence  of  traditional  gender  roles  apparently  accounts  for  the  low  pro- 
portion of^  women  in  Government  employment.  Exile  groups  claim  that  ethnic  and 
gender  discrimination  is  a  problem. 

Women. — There  is  no  evidence  of  extensive  rape  or  spousal  abuse.  Kuensel  re- 

Eorted  that  charges  of  rape  or  attempted  rape  were  brought  in  at  least  one  case, 
[owever,  a  conviction  and  sentence  was  not  reported. 

There  are  credible  reports  by  refugees  ana  human  rights  groups  that  security 
forces  raped  large  numbers  of  ethnic  Nepalese  women  in  southern  Bhutan  in  1991 
and  1992.  According  to  Amnesty  International,  some  women  were  said  to  have  died 
as  a  result.  In  one  independent  survey  of  1,779  refugee  families,  26  percent  of  the 
respondents  cited  rape,  fear  of  rape,  or  threat  of  rape  as  a  prime  reason  for  their 
departure  from  Bhutan.  The  Government  has  denied  these  reports. 

Rape  was  made  a  criminal  offense  in  1953,  but  that  law  had  weak  penalties  and 
was  poorly  enforced.  In  1993  the  National  Assembly  adopted  a  revised  rape  act  with 
clear  definitions  of  criminal  sexual  assault  and  stronger  penalties.  In  cases  of  rape 
involving  minors,  sentences  range  from  5  to  17  years.  In  extreme  cases,  a  rapist 
may  be  imprisoned  for  life. 


1634 

Women  comprise  48  percent  of  the  population  and  participate  freely  in  the  social 
and  economic  life  of  the  country.  Forty-three  percent  of  enrollment  in  school  is  fe- 
male, and  women  account  for  16  percent  of  civil  service  employment.  Inheritance 
law  provides  for  equal  inheritance  among  all  sons  and  daughters,  but  traditional  in- 
heritance practices,  which  vary  among  ethnic  groups,  may  be  observed  if  the  heirs 
choose  to  forego  le^al  challenges.  Dowry  is  not  practiced,  even  among  ethnic  Nepa- 
lese  Hindus,  mhentance  practices  favoring  daughters  among  some  groups  are  said 
to  account  for  large  numbers  of  women  among  owners  of  shops  and  Dusinesses  and 
an  accompanying  tendency  of  women  to  drop  out  of  higher  education  to  go  into  busi- 
ness. On  the  other  hand,  female  school  enrollment  has  been  growing  in  response  to 
government  policies.  Women  are  increasingly  found  among  senior  officials  and  pri- 
vate sector  entrepreneurs,  especially  in  the  tourism  industry.  Women  in  unskilled 
jobs  are  generally  paid  slightly  less  than  men. 

Polygyny  is  sanctioned  provided  the  first  wife  gives  her  permission.  Marriages 
may  be  arranged  by  partners  themselves  as  well  as  oy  their  parents.  Divorce  is  com- 
mon. Recent  legislation  requires  that  all  marriages  must  be  registered  and  favors 
women  in  matters  of  alimony. 

Children. — The  Government  has  demonstrated  its  commitment  to  child  welfare  by 
its  rapid  expansion  of  primary  schools,  health-care  facilities,  and  inununization  pro- 

frams.  The  mortality  rates  for  both  infants  and  children  under  5-years  have 
ropped  dramatically  since  1989,  and  primary  school  enrollment  has  increased  at 
9  percent  a  year  since  1991,  with  enrollment  of  girls  increasing  at  a  yet  higher  rate. 
In  1995  the  participation  rate  for  boys  and  girls  in  primary  schools  was  estimated 
at  72  percent,  with  the  rate  of  completion  of  7  years  of  schooling  at  60  percent  for 

firls  and  59  percent  for  boys.  Children  enjoy  a  privileged  position  in  society  and 
enefit  from  international  development  programs  focused  on  maternal  and  child 
welfare. 

A  study  by  UNICEF  found  that  boys  and  girls  receive  equal  treatment  regarding 
nutrition  and  health  care  and  that  there  is  fittle  difference  in  child  mortality  rates 
between  the  sexes.  Gk)vemment  policies  aimed  at  increasing  enrollment  of  girls  have 
increased  the  proportion  of  girls  in  primary  schools  from  39  percent  in  1990  to  43 
percent  in  1995. 

There  is  no  societal  pattern  of  abuse  against  children. 

People  With  Disabilities. — There  is  no  evidence  of  official  discrimination  toward 
people  with  disabilities  but  the  Gfovemment  has  not  passed  legislation  mandating 
accessibility  for  the  disabled. 

National  / Racial  / Ethnic  Minorities. — Ethnic  Nepalese  have  lived  in  southern 
Bhutan  for  centuries,  and  the  early  phases  of  economic  development  at  the  turn  of 
the  century  brought  a  large  influx  of  additional  ethnic  Nepalese.  In  the  late  1980's, 
concern  over  the  increase  of  population  and  political  agitation  among  ethnic  Nepa- 
lese prompted  aggressive  government  efforts  to  assert  a  national  culture,  tighten 
control  over  southern  regions,  control  illegal  immigration,  expel  ethnic  Nepalese, 
and  promote  national  integration.  Early  eiiorts  at  national  integration  focused  on 
assimilation,  including  financial  incentives  for  intermarriage,  education  for  some 
students  in  regions  other  than  their  own,  and  an  increase  in  development  funds  in 
the  south. 

Beginning  in  1989,  more  discriminatory  measures  were  introduced,  aimed  at 
shaping  a  new  national  identity,  known  as  Drukpa,  based  on  the  customs  of  the 
non-Nepalese  Ngalong  ethnic  group  predominant  in  western  Bhutan.  Measures  in- 
cluded a  requirement  that  national  dress  be  worn  for  official  occasions  and  as  a 
school  uniform,  the  teaching  of  Dzongkha  as  a  second  language  in  all  schools,  and 
an  end  to  instruction  in  Nepali  as  a  second  language  (English  is  the  language  of 
instruction  in  all  schools).  Also,  beginning  in  1988,  the  Government  refused  to 
renew  the  contracts  of  tens  of  thousands  ofNepalese  guest  workers.  Many  of  these 
workers  had  resided  in  Bhutan  for  years,  in  some  cases  with  their  families. 

Citizenship  became  a  highly  contentious  issue.  Requirements  for  citizenship  were 
first  formalized  in  the  Citizenship  Law  of  1958,  which  granted  citizenship  to  all 
adults  who  owned  land  and  had  lived  in  Bhutan  for  at  least  10  years.  In  1985,  how- 
ever, a  new  citizenship  law  significantly  tightened  requirements  for  citizenship  and 
resulted  in  the  denaturalization  of  many  ethnic  Nepalese.  While  previously  citizen- 
ship was  conferred  upon  children  whose  father  was  a  citizen  under  the  1958  law, 
the  1985  law  raised  tnis  standard  by  requiring  that  both  parents  be  citizens  to  con- 
fer citizenship  on  offspring.  The  law  permits  residents  who  lost  citizenship  under 
the  1985  law  to  apply  for  naturalization  if  they  can  prove  residence  during  the  pre- 
vious 15  years.  The  Government  declared  as  illegal  immigrants  all  residents  who 
could  not  meet  the  new  requirements. 

The  1985  Citizenship  Act  also  stipulates  the  revocation  of  citizenship  of  any  natu- 
ralized citizen  who  "has  shown  by  act  or  speech  to  be  disloyal  in  any  manner  what- 


1635 

soever  to  the  King,  country,  and  people  of  Bhutan."  The  Home  Ministry,  in  a  cir- 
cular notification  in  1990,  advised  that  "any  Bhutanese  nationals  leaving  the  coun- 
try; to  assist  and  help  the  anti-nationals  shall  no  longer  be  considered  as  Bhutanese 
citizens  .  .  .  such  people's  family  members  living  in  the  same  household  will  also 
be  held  fully  responsible  and  forfeit  their  citizenship."  Human  rights  groups  allege 
that  these  provisions  were  widely  used  to  revoke  the  citizenship  of  ethnic  Nepalese 
who  were  subsequently  expelled  or  otherwise  departed  from  Bnutan.  Beginning  in 
1988,  the  Government  expelled  numbers  of  ethnic  Nepalese  through  enforcement  of 
the  citizenship  laws. 

Outraged  by  what  they  saw  as  a  campaign  of  repression,  ethnic  Nepalese  mounted 
a  series  of  demonstrations,  sometimes  violent,  in  September  1990.  The  protests  were 
spearheaded  by  the  newly-formed  Bhutan  People's  Party  (BPP)  which  demanded  full 
citizenship  rights  for  ethnic  Nepalese,  the  reintroduction  of  Nepali  as  a  medium  of 
education  in  the  south,  and  democratic  reforms.  Characterizing  the  BPP  as  a  "ter- 
rorist" movement  backed  by  Indian  sympathizers,  the  authorities  cracked  down  on 
its  activities  and  ordered  the  closure  of  local  Nepalese  schools,  clinics,  and  develop- 
ment programs  afler  several  were  raided  or  bombed  by  dissidents.  Many  schools 
were  reportedly  turned  into  Army  barracks.  There  were  credible  reports  that  many 
ethnic  Nepalese  activists  were  beaten  and  tortured  while  in  custody,  and  that  secu- 
rity forces  committed  acts  of  rape.  There  were  also  credible  reports  that  militants, 
including  BPP  members,  attacked  and  murdered  census  ofTicers  and  other  officials, 
and  engaged  in  bombings.  Local  officials  took  advantage  of  the  climate  of  repression 
to  coerce  ethnic  Nepalese  to  sell  their  land  below  its  fair  value  and  emigrate. 

Beginning  in  1991,  ethnic  Nepalese  began  to  leave  southern  Bhutan  in  large  num- 
bers and  take  refuge  in  Nepal.  Many  were  forcibly  expelled.  According  to  Amnesty 
International,  entire  villages  were  sometimes  evicted  en  masse  in  retaliation  for  an 
attack  on  a  local  government  official.  Many  ethnic  Nepalese  were  forced  to  sign  "vol- 
untary migration  forms"  wherein  they  agreed  to  leave  Bhutan,  after  local  officials 
threateneato  fine  or  imprison  them  for  failing  to  comply.  By  August  1991,  according 
to  NGO  reports,  2,500  refugees  were  already  camped  illegally  in  Nepal,  with  a 
steady  stream  still  coming  from  Bhutan.  The  UNHCR  began  providing  food  and 
shelter  in  September  of  that  year,  and  by  year's  end,  there  were  6,000  refugees  in 
Nepal.  The  number  of  registered  refugees  grew  to  approximately  62,000  by  August 
1992,  and  to  approximately  80,000  by  June  1993,  when  the  UNHCR  began  individ- 
ual screening  of  refugees.  The  flow  slowed  considerably  thereafter  and  is  now  less 
than  a  dozen  persons  a  month.  At  the  close  of  1997,  there  were  approximately 
91,000  refugees  registered  in  camps  in  Nepal,  with  much  of  the  increase  since  1993 
the  result  of  natural  increase.  An  additional  15,000  refugees,  according  to  UNHCR 
estimates,  are  living  outside  the  camps  in  Nepal  and  India. 

Ethnic  Nepalese  political  groups  in  exile  complain  that  the  revision  of  Bhutan's 
citizenship  laws  in  1985  denaturalized  tens  of  thousands  of  former  residents  of  Bhu- 
tan. They  also  complain  that  the  new  laws  have  been  selectively  applied  and  make 
unfair  demands  for  documentation  on  a  largely  illiterate  people  in  a  country  that 
has  only  recently  adopted  basic  administrative  procedures.  They  claim  that  many 
ethnic  Nepalese  whose  families  have  been  in  Bhutan  for  generations  were  expelled 
in  the  early  1990's  because  they  were  unable  to  document  their  claims  to  residence. 
The  Government  denies  this  and  asserts  that  a  three-member  village  committee — 
typically  ethnic  Nepalese  in  southern  Bhutan — certifies  in  writing  that  a  resident 
is  a  Bhutanese  citizen  in  cases  where  documents  cannot  be  produced. 

The  Government  maintains  that  many  of  those  who  departed  Bhutan  in  1991-92 
were  Nepalese  or  Indian  citizens  who  came  to  Bhutan  afler  the  enactment  of  the 
1958  Citizenship  law  but  were  not  detected  until  a  census  in  1988.  The  Government 
also  claims  that  many  persons  registered  in  the  camps  as  refugees  may  never  have 
resided  in  Bhutan.  A  royal  decree  in  1991  made  forcible  expulsion  of  a  citizen  a 
criminal  offense.  In  a  January  1992  edict,  the  King  noted  reports  that  officials  had 
been  forcing  Bhutanese  nationals  to  leave  the  country  but  stressed  that  this  was 
a  serious  and  punishable  violation  of  law.  Nevertheless,  only  three  officials  were 
ever  punished  for  abusing  their  authority  during  this  period.  According  to  the 
UNHCR,  the  overwhelming  majority  of  refugees  who  have  entered  the  camps  since 
screening  began  in  June  1993  have  documentaiy  proof  of  Bhutanese  nationality. 
Random  checks  and  surveys  of  camp  residents — including  both  pre-  and  post-June 
1993  arrivals — bear  this  out. 

A  Nepal-Bhutan  ministerial  committee  met  seven  times  in  1994-96,  and  a  sec- 
retarial-level committee  met  twice  in  1997  in  efforts  to  resolve  the  Bhutanese  refu- 
gee problem.  These  discussions  have  made  little  progress.  In  March  1996  refugees 
began  a  series  of  "peace  marches"  from  Nepal  to  Bhutan  to  assert  their  right  to  re- 
turn to  Bhutan.  The  marchers  who  crossea  into  Bhutan  in  August,  November,  and 
December  were  immediately  detained  and  deported  by  Bhutanese  police.  In  the  De- 


1636 

cember  1996  incident,  police  reportedly  used  force  against  the  marchers.  A  resolu- 
tion adopted  by  the  National  Assembly  in  July  prohibits  the  still-resident  family 
members  of  ethnic  Nepalese  refugees  from  holtfing  jobs  with  the  Government  or  in 
the  armed  forces.  Under  the  resolution,  those  now  holding  such  jobs  are  to  be  invol- 
untarily retired.  By  year's  end,  the  resolution  mandating  involuntary  retirement 
from  government  service  or  the  armed  forces  for  family  members  of  ethnic  Nepalese 
refugees  had  not  been  enforced,  i.e.,  no  one  had  been  forcibly  retired  for  this  reason. 
The  Government  made  clear  that  for  the  purposes  of  this  resolution,  family  member 
would  be  defined  as  a  parent,  child,  sibling,  or  member  of  the  same  household. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — ^Trade  unionism  is  not  permitted,  and  there  are  no 
labor  unions.  Workers  do  not  have  the  right  to  strike,  and  the  Government  is  not 
a  member  of  the  International  Labor  Organization. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — There  is  no  collective  bargain- 
ing in  industry,  which  accounts  for  about  25  percent  of  the  gross  domestic  product, 
but  it  employs  only  a  minute  fraction  of  the  total  work  force.  The  Government  af- 
fects wages  in  the  manufacturing  sector  through  its  control  over  wages  in  state- 
owned  industries. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Government  abolished  its  sys- 
tem of  compulsory  labor  taxes  in  December  1995.  Laborers  in  rural  development 
schemes  previously  paid  through  this  system  will  now  be  paid  regular  wages.  There 
is  no  evidence  to  suggest  that  domestics  are  subject  to  coerced  or  bonded  labor.  The 
law  does  not  specifically  prohibit  forced  and  bonaed  labor  by  children,  but  such  prac- 
tices are  not  known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  law 
set  the  minimum  age  for  employment  at  18  years  for  citizens  and  20  years  for  non- 
citizens.  A  UNICEF  study  suggested  that  children  as  young  as  11  years  are  some- 
times employed  with  road-building  teams.  The  law  aoes  not  specifically  prohibit 
forced  ana  bonded  labor  by  children,  but  such  practices  are  not  known  to  occur  (see 
Section  6.c.).  Primary  school  education  is  free  and  compulsory,  and  72  percent  of  the 
sckool-aged  population  is  enrolled.  Children  often  do  agricultural  work  and  chores 
on  family  farms.  While  there  is  no  law  barring  ethnic  Nepalese  children  from  at- 
tending school,  the  fact  that  most  of  the  75  primary  schools  in  southern  Bhutan  that 
were  closed  in  1990  remain  shut  today  acts  as  an  effective  barrier  to  this  group  at- 
taining primary  education. 

e.  Acceptable  Conditions  of  Work. — A  circular  effective  February  1,  1994,  estab- 
lished wage  rates,  rules  and  regulations  for  labor  recruiting  agencies,  and  regula- 
tions for  payment  of  workmen's  compensation.  Wage  rates  are  periodically  revised, 
and  range  upward  from  a  minimum  of  roughly  $1.50  (50  ngultrums)  per  day  for  un- 
skilled and  skilled  laborers,  with  various  allowances  paid  in  cash  or  kind  in  addi- 
tion. This  minimum  wage  does  provide  a  decent  standard  of  living  for  a  worker  and 
family  in  the  local  context.  The  workday  is  defined  as  8  hours  with  a  1  hour  lunch 
break.  Work  in  excess  of  this  must  be  paid  at  one  and  a  half  times  normal  rates. 
Workers  paid  on  a  monthly  basis  are  entitled  to  1  day's  paid  leave  for  6  days  of 
work  and  15  days  of  leave  annually.  The  largest  salaried  work  force  is  the  govern- 
ment service,  which  has  an  administered  wage  structure  last  revised  in  1988  but 
supplemented  by  special  allowances  and  increases  since  then,  including  a  25  percent 
increase  on  July  1.  Only  about  30  industrial  plants  employ  more  than  50  workers. 
Smaller  industrial  units  include  69  plants  oi  medium  size,  197  small  units,  692 
"mini"  units,  and  651  cottage  industry  units.  Bhutan's  rugged  geography  and  land 
laws  that  prohibit  a  farmer  from  selling  his  last  five  acres  result  in  a  predominantly 
self-employed  agricultural  work  force.  Workers  are  entitled  to  free  medical  care 
within  the  country.  They  are  eligible  for  compensation  for  partial  or  total  disability, 
and  in  the  event  of  death,  their  families  are  entitled  to  compensation.  Existing  labor 
regulations  do  not  grant  workers  the  right  to  remove  themselves  from  work  situa- 
tions which  endanger  health  and  safety  without  jeopardizing  their  continued  em- 
ployment. 


E^DIA 


India  is  a  longstanding  parliamentary  democracy  with  a  bicameral  parliament. 
Prime  Minister  I.K.  Gujral,  whose  Janata  Dal  Party  was  part  of  the  16-party  United 
Front  (UF)  coalition,  took  office  in  April  and  heads  the  Cfovernment.  President  R.K. 
Narayanan,  who  was  elected  by  an  electoral  college  made  up  of  Members  of  Par- 


1637 

liament  and  members  of  state  assemblies,  is  Head  of  State  and  also  has  special 
emergency  powers.  President  Narayanan  dissolved  the  lower  house  of  Parliament  on 
December  4.  Elections  are  scheduled  for  February  and  March  1998.  The  judiciary 
is  indef>endent. 

Although  the  25  state  governments  have  primary  responsibility  for  maintaining 
law  and  order,  the  central  Government  provides  guidance  and  support  through  use 
of  paramilitary  forces  throughout  the  country.  The  Union  Ministry  for  Home  Affairs 
controls  most  of  the  paramilitary  forces,  the  internal  intelligence  bureaus,  and  the 
nationwide  police  service;  it  provides  training  for  senior  police  officers  for  the  state- 
organised  police  forces.  The  armed  forces  are  under  civilian  control.  Security  forces 
committed  significant  human  rights  abuses,  particularly  in  Jammu  and  Kashmir 
and  in  the  northeastern  states. 

India  is  in  a  transition  from  a  government-controlled  economy  to  one  that  is  large- 
ly market-oriented.  The  private  sector  is  predominant  in  agriculture,  most  non- 
iinancial  services,  consumer  goods  manufacturing,  and  some  heavy  industry.  Eco- 
nomic liberalization  and  structural  reforms  begun  in  1991  continue,  although  mo- 
mentum has  slowed.  The  country's  economic  problems  are  compounded  by  rapid 
population  growth  of  1.7  percent  per  year  with  a  current  total  above  950  million. 
Income  distribution  remained  very  unequal.  Forty  percent  of  the  urban  population 
and  half  the  rural  population  live  below  the  poverty  level. 

There  continued  to  be  significant  human  rights  abuses,  despite  extensive  constitu- 
tional and  statutory  safeguards.  Many  of  these  abuses  are  generated  by  intense  so- 
cial tensions,  violent  secessionist  movements  and  the  authorities'  attempts  to  re- 
press them,  and  deficient  police  methods  and  training.  These  problems  are  acute  in 
Janrniu  and  Kashmir,  where  the  judicial  system  has  been  disrupted  by  terrorist 
threats,  by  judicial  tolerance  of  the  Government's  heavy  handed  antimilitant  tactics, 
and  by  the  refusal  of  security  forces  to  obey  court  orders.  Separatist  insurgent  vio- 
lence in  the  northeastern  states  increased,  along  with  reported  incidents  of  security 
force  abuses. 

Serious  human  ri^ts  abuses  include:  Extrajudicial  executions  and  other  political 
killings  and  excessive  use  of  force  by  security  forces  combating  active  insurgencies 
in  Jammu  and  Kashmir  and  several  northeastern  states;  torture  and  rape  by  police 
and  other  agents  of  government,  and  deaths  of  suspects  in  police  custody  throughout 
the  country;  jx)or  prison  conditions;  arbitrary  arrest  and  incommunicado  detention 
in  Jammu  and  Kashmir  and  the  Northeast;  continued  detention  throughout  the 
country  of  thousands  arrested  under  special  security  legislation;  lengthy  pretrial  de- 
tention; prolonged  detention  while  under  trial;  legal  and  societal  discrimination 
against  women;  extensive  societal  violence  against  women;  female  bondage  and 
prostitution;  discrimination  and  violence  against  indigenous  people  and  scheduled 
castes  and  tribes;  widespread  intercaste  and  communal  violence;  child  prostitution, 
trafficking,  and  infanticide;  and  widespread  exploitation  of  indentured,  bonded,  and 
child  labor. 

During  1997  India  made  further  progress  in  resolving  human  rights  problems.  In 
Puiyab  serious  abuses  of  the  early  1990's  were  acknowledged  and  condemned  by  the 
Supreme  Court.  The  Supreme  Court's  investigation  of  serious  abuses  in  the  Punjab 
in  the  early  1990's  continues.  Continuing  International  Committee  of  the  Red  Cross 
(ICRC)  prison  visits  in  Jammu  and  Kashmir  demonstrated  some  government  trans- 
parency on  human  rights  problems.  However,  researchers  for  international  human 
rights  organizations  like  Amnesty  International  (AI)  and  Human  Rights  Watch 
(HRW)  were  not  permitted  to  visit  Jantunu  and  Kashmir  or  the  northeast.  The  Gov- 
ernment's signing  of  the  United  Nations  Convention  Against  Torture  and  Other 
Cruel,  Inhuman  or  Degrading  Treatment  or  Punishment  was  welcomed  by  human 
rights  activists.  However,  its  decision  not  to  accept  Articles  20,  21,  and  22  of  the 
Convention  means  effectively  that  the  U.N.  Human  Rights  Commission  will  not  be 
able  to  investigate  allegations  of  torture  in  India.  However,  insurgency-related 
deaths  were  slightly  higher  than  last  year,  due  largely  to  an  increase  in  violent  en- 
counters in  the  Northeast.  The  proportion  of  civilian  deaths  increased  slightly  ap- 
parently due  to  militant  efforts  to  disrupt  the  newly  elected  government  in  Jammu 
and  Kashmir. 

Separatist  militants  were  responsible  for  numerous,  serious  abuses,  including 
extrajudicial  executions  and  other  political  killings,  torture,  and  brutality.  Separat- 
ist militants  were  also  responsible  for  kidnaping  and  extortion  in  Jammu  and  Kash- 
mir and  northeast  India. 


1638 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Political  killings  by  government 
forces  (including  deaths  in  custody  and  faked  encounter  killings),  progovemment 
countennilitants,  and  insurgents  continued  at  a  high  level  in  the  state  of  Jammu 
and  Kashmir  and  the  seven  northeastern  states,  where  separatist  insurgencies  con- 
tinued. Security  forces  offered  bounties  for  wanted  militants  brought  in  dead  or 
alive. 

Security  forces  committed  an  estimated  100-200  extrajudicial  killings  of  suspected 
militants  in  Janmiu  and  Kashmir.  Although  well-documented  evidence  to  corrobo- 
rate cases  and  quantify  trends  is  lacking,  most  observers  believe  that  the  number 
of  killings  attributed  to  regular  Indian  forces  declined  slightly  from  the  previous 
year.  According  to  press  reports  and  anecdotal  accounts,  those  killed  typically  had 
been  detained  oy  security  forces,  and  their  bodies,  bearing  multiple  bullet  wounds 
and  often  marks  of  torture,  were  returned  to  relatives  or  were  otherwise  discovered 
the  same  day  or  a  few  days  later.  In  early  March,  for  example,  three  leaders  of  the 
Hizbul  Mujahadin  militant  group  were  arrested  in  Srinigar  by  the  Special  Oper- 
ations Group  of  Jammu  and  Kasnmir  state  police;  they  were  later  found  dead.  Al- 
though the  arrest  took  place  in  the  presence  of  eyewitnesses,  police  claimed  that  the 
killings  occurred  in  an  armed  encounter.  Nongovernmental  organizations  (NGO's) 
active  in  Jammu  and  Kashmir  reported  that  the  bodies  of  two  youths  taken  into 
custody  by  the  Special  Operations  Group  on  March  22  were  found  shortly  thereafter 
in  Bemina;  the  bodies  bore  the  marks  of  torture  and  bullet  wounds.  On  June  5,  the 
bodies  of  three  youn^  men  arrested  by  soldiers  in  Chanpora  were  later  found 
dumped  in  a  nearby  village;  in  this  case  too,  their  bodies  bore  the  marks  of  torture. 
Security  forces  claim  that  these  killings,  when  acknowledged  at  all,  occur  in  armed 
encounters  with  militants.  The  National  Human  Rights  Commission  (NHRC)  has  di- 
rected that  all  deaths  in  encounters  be  immediately  investigated  by  an  independent 
agency,  but  members  of  the  security  forces  are  rarely  held  accountable  for  these 
kulings.  The  NHRC  itself  may  inquire  into  alleged  human  rights  abuses  by  security 
forces  in  Jammu  and  Kashmir,  but  does  not  have  the  statutory  power  to  investigate 
such  allegations  if  it  is  not  satisfied  with  the  responses  to  its  inquiries.  Authorities 
have  generally  not  reported  so-called  encounter  deaths  occurring  in  Jammu  and 
Kashmir  to  the  NHRC. 

Security  forces  also  held  persons  in  incommunicado  detention;  on  occasion,  as  in 
the  1996  case  of  human  rights  activist  Jalil  Andrabi,  such  missing  persons  were 
later  found  dead  (see  Section  l.b.). 

Impunity  has  been  and  remains  a  serious  problem  in  Jammu  and  Kashmir.  Secu- 
rity lorces  have  committed  thousands  of  serious  human  rights  violations  over  the 
course  of  the  conflict,  including  extrajudicial  killings,  disappearances,  and  torture. 
Yet,  during  the  period  January  1,  1990  to  June  30,  1997,  only  ten  members  of  the 
security  forces  were  tried  and  sentenced  to  10  or  more  years  imprisonment  for  viola- 
tions of  human  rights  in  Jammu  and  Kashmir  and  Punjab  (separate  figures  for 
Jammu  and  Kashmir  are  not  available.)  An  additional  fourteen  received  sentences 
of  between  1  and  10  years,  and  73  received  sentences  of  less  than  1  year.  During 
the  same  period,  42  members  of  the  security  forces  were  dismissed  or  compulsorily 
retired  and  20  were  reduced  in  rank  or  seniority  following  conviction  on  charges  of 
human  rights  violations.  Seventy-one  members  of  the  security  forces  who  are  alleged 
to  have  conmiitted  human  rights  violations  are  currently  under  investigation,  ac- 
cording to  the  Ministry  of  Home  Affairs.  Scrutiny  by  the  NHRC  and  international 
human  rights  organizations,  when  permitted,  and  the  persistence  of  individual  mag- 
istrates have  resulted  in  greater  accountability  of  the  security  forces  in  Jammu  and 
Kashmir  over  the  years.  However,  the  vast  majority  of  violations  by  security  forces 
have  gone  and  continue  to  go  uninvestigated  and  unpunished. 

There  were  many  allegations  that  military  and  paramilitary  forces  in  the  north- 
east engage  in  arbitrary  detention,  abduction,  torture,  and  extrajudicial  execution 
of  militants,  as  well  as  rape  (see  Sections  I.e.  and  l.g.).  The  Armed  Forces  Special 
Powers  Act  of  1958  and  the  Disturbed  Areas  Act  remained  in  effect  in  several 
states,  i.e.,  in  Jammu  and  Kashmir,  Nagaland,  Manipur,  Assam  and  parts  of 
Tripura.  Human  rights  activists  remain  concerned  about  the  reports  of  deaths  that 
are  described  as  having  occurred  during  "encounters"  between  insurgent  groups  and 
security  forces.  Several  activists  allege  that  the  "encounters"  are  staged  and  that 
those  insurgents  reported  dead  were  Killed  after  being  detained  by  security  forces. 
In  March  an  Amnesty  International  report  concluded  that  the  pattern  of  killings  in 
the  Northeast  point  to  an  official  policy  sanctioning  extrajudicial  killing.  It  noted 
that  "a  pattern  of  apparently  unlawful  killings  of  suspected  members  of  armed  oppo- 
sition groups  (in  Manipur)  has  resulted  from  the  systemic  use  of  lethal  force  as  an 


1639 

alternative  to  arrest  by  the  security  forces."  The  report,  Official  Sanction  for  Killings 
in  Manipur,  cited  the  following  examples  of  killings  carried  out  with  impunity  by 

¥olice  and  security  forces  in  Manipur:  the  killing  of  Mayanglambam  Ibotombi  and 
hondam  Muhinc&o,  two  forest  ofncers,  on  26  December  1996;  the  killing  of  Ms. 
Kehtrumayum  Ongbi  Prabhahmi  Devi  and  injury  to  her  daughter  on  3  May  1996; 
the  killing  of  Ms.  Oinam  Ongbi  Amina  Devi  and  injury  to  her  oaby  on  5  April  1996; 
the  killing  of  Netaji  on  28  February  1996;  and  the  killing  of  nine  civilians  at  the 
regional  medical  college  hospital  in  the  state  capital,  Imp^al,  on  7  January  1995. 
However,  precise  information  on  human  rights  violations  in  this  relatively  remote 
region  is  rare. 

Throughout  the  countir,  numerous  accused  criminals  continue  to  be  killed  in  en- 
counters with  police.  In  March  police  shot  and  killed  two  businessmen  and  another 
individual  in  downtown  New  Delhi  after  mistakenly  identifying  the  unarmed  busi- 
nessmen as  wanted  criminals.  The  Delhi  Police  Commissioner  was  transferred  and 
the  Central  Bureau  of  Investigation  (CBI)  is  pursuing  murder  charges  against  10 
police  officers  involved  in  the  incident.  The  most  recent  statistics,  lor  1995,  show 
that  525  civilians  and  159  police  died  in  exchanges  of  gunfire  involving  police. 

While  extrajudicial  killings  continued  in  areas  buffeted  by  separatist  insurgencies, 
the  press  and  judiciary  continued  to  give  attention  to  deaths  in  police  custody  and 
faked  encounter  killings  elsewhere.  According  to  NHRC  statistics,  201  persons  died 
in  police  custody  in  1996.  Many  such  persons  were  tortured  (see  Section  I.e.).  The 
NHRC  has  focused  on  torture  and  deaths  in  custody.  It  has  directed  district  mag- 
istrates to  report  all  deaths  in  police  and  judicial  custody  and  stated  that  failure 
to  do  so  would  be  interpreted  as  an  attempted  coverup.  Magistrates  appear  to  be 
complying  with  this  directive.  However,  the  NHRC  has  no  authority  directly  to  in- 
vestigate abuses  by  the  security  forces,  and  security  forces  are  therefore  not  re- 
quired to — and  do  not — report  custodial  deaths  in  Jammu  and  Kashmir  or  the 
Northeast.  In  early  March,  two  former  Ahmedabad  ofUcials,  including  a  district  su- 
perintendent of  police,  received  unprecedented  life  sentences  for  their  involvement 
in  a  June  1996  custodial  death  incident.  Four  New  Delhi  policemen  were  suspended 
and  face  charges  of  negligence  in  connection  with  the  death  of  an  inmate  in  Tilak 
Nagar  Police  Station  on  April  23.  In  December  1996,  the  Supreme  Court  placed 
tighter  controls  on  arrest  and  interrogation  procedures.  According  to  NHRC  report- 
ing, more  than  700  persons  died  in  prison  between  April  1996  and  March  1997, 
many  from  natural  causes,  in  some  case  aggravated  by  poor  prison  conditions  (see 
Section  I.e.). 

Killings  and  abductions  of  suspected  militants  and  other  persons  by 
progovernment  countermilitants  continued  as  a  significant  pattern  in  Jammu  and 
Kashmir.  Countermilitants  are  former  separatist  militants  wno  have  surrendered  to 
government  forces  but  have  retained  their  arms  and  paramilitary  organization.  Al- 
tnough  precise  numbers  are  unavailable,  progovernment  countermilitants  may  have 
committed  100  to  200  extrajudicial  killings  in  Jammu  and  Kashmir  during  of  the 
year.  Human  rights  groups  believed  that  the  number  was  slightly  lower  than  in 
1996.  CJovemment  agencies  fund,  exchange  intelligence  with,  and  direct  operations 
of  countermilitants  as  part  of  the  counterinsurgency  effort.  Countermilitants  are 
known  to  screen  passersby  at  roadblocks  and  guard  extensive  areas  of  the  Kashmir 
Valley  from  attacks  by  militants.  In  sponsoring  and  condoning  countermilitant  activ- 
ity, which  takes  place  outside  the  legal  system,  the  (jovemment  cannot  avoid  re- 
sponsibility for  killings,  abductions,  and  other  abuses  committed  by  these  irregulars. 
Perhaps  as  many  as  3,000  continue  to  operate  in  Jammu  and  Kashmir,  particularly 
in  the  countryside,  outside  major  towns.  During  the  year,  the  (jovemment  took 
steps  to  organize  Kashmiri  counter-militants  as  a  battalion  in  the  paramilitary 
forces  as  a  means  of  bringing  them  under  enhanced  control  and  military  discipline. 

Extensive,  complex  patterns  of  violence  continued  in  the  seven  states  of  north- 
eastern India.  The  main  insurgent  groups  in  the  northeast  include  two  factions  of 
the  National  Socialist  Council  of  Nagaland  (NSCN)  in  Nagaland;  Meitei  extremists 
in  Manipur;  the  United  Liberation  Front  of  Assam  (ULFA)  and  the  Bodo  Security 
Force  in  Assam;  and  the  all  Tripura  Tiger  Force  (ATTF)  and  the  National  Liberation 
Front  of  Tripura  (NLFT)  in  Tripura.  The  proclaimed  object  of  many  of  these  groups 
is  to  break  out  of  the  Indian  union,  creating  new,  independent  nations.  Their  stated 
grievances  against  the  Indian  Grovernment  range  from  charges  of  neglect  and  indif- 
ference to  the  endemic  poverty  of  the  region,  to  allegations  of  active  discrimination 
against  the  tribal  and  non-tribal  peoples  of  the  region  by  the  center.  The  oldest  of 
these  conflicts,  involving  the  Nagas,  started  with  India's  independence  in  1947.  On 
August  1,  a  ceasefire  between  the  Government  and  the  ISAC-Muivah  faction  of  the 
NSCN  went  into  effect  and  has  been  largely  observed  by  the  Government  and  all 
insurgent  groups  in  the  state.  However,  factional  feuds  among  rival  Naga  insurgent 
groups  claimea  an  estimated  120  lives  during  the  first  3  months  of  the  ceasefire. 


45-909    98-53 


1640 

The  Government  extended  the  ceasefire  for  another  3  months  on  November  1,  uni- 
laterally including  even  those  armed  groups  in  Nagaland  which  had  not  been  party 
to  the  original  ceasefire. 

According  to  the  Union  Home  Ministry,  918  civilians,  189  members  of  the  security 
forces,  and  1,114  militants  were  killed  in  Jammu  and  Kashmir  during  the  period 
January  1  to  December  15.  In  1996  the  totals  were  1,214  civilians,  94  security  force 
personnel  and  1,271  militants,  according  to  reliable  press  reports.  NGO  and  other 
sources  agree  that  civilian  deaths  attributed  to  security  forces  have  decreased.  Press 
reports  indicate  that  the  increase  in  civilian  deaths  is  attributable  to  militant  efforts 
to  disrupt  the  new  government. 

Since  1980  clashes  between  police  and  Naxalite  Maoist  revolutionaries  of  the  Peo- 
ples' War  Group  (PWG)  have  taken  place  in  northwestern  Andhra  Pradesh.  Over 
the  past  few  years,  hundreds  of  policemen  and  suspected  Naxalites  have  been  killed, 
according  to  press  reports  and  numan  rights  organization.  As  of  September  police 
had  killed  102  Naxalites  in  approximately  80  "encounters."  Seventeen  years  of  guer- 
rilla-style conflict  have  led  to  serious  human  rights  abuses  by  both  sides.  Human 
rights  groups  allege  that  "encounters"  are  usually  faked  by  the  police  to  cover  up 
the  torture  and  subsequent  murder  of  Naxalite  suspects,  sympatnizers,  or  inform- 
ers. These  groups  cite  as  evidence  the  refusal  of  police  to  hand  over  corpses  of  sus- 
pects killed  in  encounters,"  which  are  often  cremated  before  families  can  view  the 
bodies.  Villagers  in  PWG-dominated  areas  complain  of  regular  harassment  and  arbi- 
trary detention  by  police.  Police  ofiicials  are  rarely  if  ever  held  accountable  for 
human  rights  abuses. 

The  Disturbed  Areas  Act  has  been  in  force  in  a  number  of  districts  in  Andhra 
Pradesh  for  more  than  a  year.  It  gives  police  extraordinary  powers  of  arrest  and  de- 
tention. Human  rights  groups  allege  that  security  forces  have  been  able  to  operate 
with  virtual  impunity  in  parts  of  Andhra  Pradesh  under  the  act.  They  further  allege 
that  Andhra  police  nave  contributed  to  the  establishment  of  an  armed  vigilante 
group  known  as  the  "Green  Tigers,"  whose  mission  is  to  combat  Naxalite  groups  in 
the  state.  The  NHRC  is  investigating  some  285  reported  cases  so-called  'fake  en- 
counter deaths"  allegedly  committed  by  the  Andhra  police  in  connection  with  anti- 
Naxalite  operations.  Amnesty  International  reported  that  T.  Puroshotham,  joint  sec- 
retary of  tne  Andhra  Pradesn  Civil  Liberties  Committee  and  a  lawyer,  was  attacked 
and  beaten  on  May  27  by  persons  he  believed  to  have  been  plain-clothes  police.  The 
Green  Tigers  group  claimed  responsibility  for  this  attack  a  few  days  later.  Amnesty 
also  reported  tnat  on  April  6,  Gadder,  who  had  been  campaigning  against  the  police 
practice  of  cremating  as  "^inidentified"  the  bodies  of  suspected  Naxalites  killed  in 
encounters"  with  police,  was  shot  five  times  at  his  home  in  Andhra  Pradesh.  Again, 
the  Green  Tigers  claimed  responsibility  for  this  attack,  alleging  that  Gadder  and 
APCLC  activists  were  "Naxalite  sympatnizers." 

As  of  September,  Naxalites  had  killed  44  police  personnel  and  202  civilians. 
Naxalites  killed  two  senior  BJP  party  workers  in  September,  and  some  politicians 
have  given  up  campaigning  in  Naxalite  areas  because  of  the  security  threat.  On  No- 
vember 17,  about  150  armed  members  of  the  Maoist  Communist  Center  (MCC)  over- 
powered Bihar  military  police  (BMP)  patrolling  a  cattle  fair,  killing  three  BMP 
members  and  one  assistant  sub-inspector  of  police.  On  March  2,  suspected  Naxalites 
shot  dead  a  ruling  Telegu  Desam  party  leader,  Bhimreedy  Mohan  Reddy,  outside 
his  residence  in  Chautuppal  in  Nalgonda  district,  Andhra  Pradesh.  In  areas  under 
their  control,  Naxalites  oispense  summary  justice  in  "people's  courts"  which  in  some 
cases  condemn  to  death  suspected  police  informers,  village  headmen,  and  others 
deemed  to  be  "class  enemies"  or  "caste  oppressors."  The  Naxalites  extort  money 
from  business  firms,  and  railway  services  in  one  area  had  to  be  canceled  in  July 
and  August  due  to  PWG  destruction  of  stations,  track  and  signaling  equipment.  The 
MCC  and  the  CPI(M-L)  Party  Unity  and  Liberation  factions  are  essentially  engaged 
in  caste  warfare.  Their  victims,  in  addition  to  police  and  local  government  officials, 
include  suspected  police  informers,  village  headmen,  and  landlords  whom  they  ac- 
cuse of  oppressing  scheduled  caste  members. 

Insurgency  and  increased  ethnic  violence  took  a  heavy  toll  in  the  northeast  and 
in  the  case  of  Assam,  led  to  the  installation  of  a  "unified  command"  of  civilian,  mili- 
tary and  paramilitary  forces  in  the  state. 

While  there  were  numerous  allegations  of  human  rights  violations  directed 
against  security  forces,  public  attention  began  to  focus  on  the  actions  of  insurgents. 
Tne  kidnaping  of  NGO  environmental  activist  Sanjay  Ghosh  in  July  and  his  death 
at  the  hands  of  his  United  Liberation  Front  of  Assam  (ULFA)  captors  led  to  wide 
public  criticism.  On  August  6,  the  ULFA  confirmed  that  Ghosh  died  in  captivity;  he 
nad  been  "arrested  and  tried"  by  the  ULFA  on  July  4.  The  Chief  Minister  of  Assam 
and  a  High  Court  judge  in  Meghalaya  survived  attempts  to  kill  them  during  the 
year.  According  to  tne  Union  Home  Ministry's  1996-97  report,  a  total  of  201  persons 


1641 

were  killed  in  Assam  between  April  1996  and  March  1997.  The  ULFA  was  respon- 
sible for  107  deaths,  and  the  National  Democratic  Front  of  Bodoland  (NDFB)  was 
responsible  for  174  deaths  during  this  period.  However,  Mass,  a  human  rights  orga- 
nization in  Assam  with  a  credible  record,  claims  that  during  the  period  Januarv  1 
through  July  21,  a  total  of  202  people  were  killed  in  the  state  (of  which  68  died  at 
the  hands  of  security  forces  and  57  were  killed  by  the  ULFA).  Compilation  of  reports 
of  killings  from  the  press  suggests  that  the  numbers  may  be  even  nigher.  On  March 
15,  ULFa  insurgents  shot  and  killed  an  army  lieutenant  colonel  and  wounded  his 
wife  at  a  temple  in  Tezpur,  Assam.  Members  of  the  same  group  killed  an  army  brig- 
adier and  colonel  on  August  8  in  Guwahati  in  front  of  the  brigadier's  teenage  daugh- 
ters. 

On  November  19,  an  independent  commission  of  inquiry  set  up  by  Parliament  in 
August  1991  to  investigate  the  May  21,  1991  assassination  of  former  prime  minister 
Ra^iv  Gandhi  tabled  an  interim  report  of  its  findings  in  the  Lok  Sabna.  The  report 
pointed  clearly  to  the  Liberation  Tigers  of  Tamil  Eelam  (LTTE)  as  having  been  re- 
sponsible for  the  assassination,  but  was  inconclusive  on  the  question  of  whether  the 
LTTE  had  received  assistance  in  carrying  out  the  murder.  It  criticized  the  then-In- 
dian government  for  an  alleged  failure  to  provide  comprehensive  security  for  the 
former  prime  minister.  The  commission  is  expected  to  conclude  its  work  in  February 
1998. 

b.  Disappearance. — According  to  human  rights  groups,  unacknowledged,  inconunu- 
nicado  detention  of  suspected  militants  continued  in  Jammu  and  Kashmir  although 
the  practice  again  decreased  compared  with  previous  years.  Between  January  and 
June,  197  new  writs  of  habeas  corpus  were  filed  v/ith  the  Jammu  and  Kashmir  High 
Court  and  the  Supreme  Court,  most  by  family  members  of  disappeared  persons  in 
Jammu  and  Kashmir.  The  Government  acknov/ledges  that,  as  of  August,  it  held 
about  1,600  persons  in  connection  with  the  insurgency  in  5  detention  centers  in 
Jammu  and  Kashmir,  compared  with  2,070  persons  acknowledged  held  in  1995.  Of 
these  1,298  were  held  under  the  Public  Safety  Act  and  772  under  other  laws,  includ- 
ing the  Terrorist  and  Disruptive  Activities  Act  (TADA).  The  Government  acknowl- 
edged holding  112  persons  in  the  northeast  at  year's  end  under  special  security  acts. 
Although  the  Government  allowed  the  TADA  to  lapse  in  1995,  several  hundred  per- 
sons remained  in  detention  awaiting  prosecution  under  the  law.  Several  thousand 
others  are  held  in  short-term  confinement  in  transit  and  interrogation  centers. 

Human  rights  groups  maintain  that  as  many  as  3,000  more  are  held  by  the  mili- 
tary and  paramiGtary  forces  in  long-term  unacknowledged  detention  in  interroga- 
tion centers  and  transit  camps  in  Jammu  and  Kashmir  and  in  the  Northeast  nomi- 
nally intended  for  only  short-term  confinement.  Jammu  and  Kashmir  courts  cur- 
rently have  a  backlog  of  more  than  600  pending  habeas  corpus  cases  filed  by  family 
members  of  those  who  are  missing,  according  to  credible  human  rights  groups.  The 
U.N.  Special  Rapporteur  on  Torture  reported  that  more  than  15,000  habeas  corpus 
petitions  have  been  filed  in  India  since  1990,  "but  that  in  the  vast  majority  of  these 
cases  the  authorities  had  not  responded  to  the  petitions."  In  one  prominent  case  in 
Jammu  and  Kashmir,  the  Government  responded  to  the  U.N.  Special  Rapporteur  on 
Extrajudicial,  Summary,  or  Arbitrary  Executions  stating  that  human  rights  activist 
Jahl  Andrabi  was  not  arrested  by  security  forces,  as  alleged  by  human  rights 
groups,  but  was  abducted  by  "unidentified  armed  persons."  Andrabi  was  last  seen 
alive  in  the  presence  of  countermilitants  and  members  of  the  security  forces  on 
March  8,  1996  in  Srinagar.  Despite  the  Government's  statement,  the  army  in  Feb- 
ruary 1996  identified  to  a  Srinagar  court  a  major  with  a  temporary  commission  as 
the  individual  primarily  responsible  for  Andrabi's  death.  Andrabi's  body  was 
dumped  in  the  Jnelum  River,  allegedly  by  security  forces.  His  case  is  also  the  sub- 
ject of  inquiry  by  the  NHRC,  and  there  were  no  significant  developments  in  the  case 
by  year's  end. 

'The  Government  maintains  that  screening  committees  run  by  the  state  govern- 
ment provide  information  about  detainees  to  their  families.  However,  other  sources 
indicate  that  families  are  able  to  confirm  the  detention  of  their  relatives  only  by 
bribing  prison  guards.  A  program  of  prison  visits  by  the  ICRC,  which  began  in  Octo- 
ber 1995,  is  designed  in  part  to  help  assure  communications  between  detainees  and 
their  families.  Between  July  1996  and  April  1997,  the  ICRC  visited  3,249  detainees 
in  Jammu  and  Kashmir.  All  acknowledged  detention  centers  in  Jammu  and  Kash- 
mir and  Kashmiri  detainees  elsewhere  in  the  country  have  been  visited.  The  ICRC 
is  not  authorized  access  to  interrogation  centers  or  transit  centers,  nor  does  it  have 
access  to  regular  detention  centers  in  the  Northeast. 

In  Punjab  the  pattern  of  disappearances  prevalent  in  the  early  1990's  appears  to 
be  at  an  end.  Hundreds  of  police  and  security  officials  have  not  been  held  account- 
able for  serious  human  rights  abuses  committed  during  the  counterinsurgency  of 
1984-94.  However,  steps  have  been  taken  against  a  few  such  violators.  The  CBI  ac- 


1642 

tively  is  pursuing  charges  against  dozens  of  police  officials  implicated  in  the  "mass 
cremations"  case.  Police  in  the  Tarn  Taran  district  secretly  disposed  of  bodies  of  sus- 
pected militants  believed  to  have  been  abducted  and  extrajudicially  executed,  cre- 
mating them  without  the  knowledge  or  consent  of  their  families.  The  Central  Bu- 
reau of  Investigation  (CBI)  has  reported  that  984  unidentified  bodies  were  cremated 
by  Punjab  police  in  Tarn  Taran.  Most  reportedly  were  killed  by  border  security 
forces  while  trying  to  cross  into  India  from  Pakistan,  were  unidentified  victims  of 
accidents  or  suicide,  or  died  in  clashes  between  militant  factions.  However,  424  were 
apparently  militants  killed  in  the  interior  of  the  district,  291  of  whom  were  subse- 
auently  identified.  These  numbers  demonstrate  the  extent  of  the  bloodshed  during 
those  years  and,  given  the  pattern  of  police  abuses  prevalent  during  the  period, 
credibly  include  many  killed  in  extrajudicial  executions.  The  NHRC  is  seeking  to  ob- 
tain compensation  for  the  families  of  those  victims  whose  remains  have  been  identi- 
fied, but  the  government  has  challenged  the  NHRC's  jurisdiction  in  the  case.  The 
Supreme  Court  has  yet  to  rule  on  this  question. 

In  June  the  former  Tarn  Taran  senior  superintendent  of  police,  Ajit  Singh 
Sandhu,  died  in  an  apparent  suicide.  At  the  time  of  his  death,  Sandhu  was  free  on 
bail  after  having  been  charged  with  the  abduction  and  murder  of  human  rights  ac- 
tivist Jaswant  Singh  Khalra,  who  had  been  investigating  the  cremation  of  unidenti- 
fied bodies  by  Tarn  Taran  police.  Sandhu's  suicide  prompted  extended  public  debate 
over  the  accountability  of  Punjab  police  for  excesses  during  the  suppression  of  a 
bloody  insurgency.  According  to  the  Ministry  of  Home  Affairs,  as  of  June,  29  mem- 
bers of  the  Punjab  police  were  being  held  pending  trial  on  charges  of  human  rights 
violations,  34  members  had  been  suspended  and  faced  possible  charges,  and  inves- 
tigations had  been  ordered  into  the  actions  of  at  least  122  additional  members  of 
the  force. 

There  are  credible  reports  that  police  throughout  the  country  often  do  not  file  re- 
quired arrest  reports.  As  a  result,  there  are  Hundreds  of  unsolved  disappearances 
in  which  relatives  claim  an  individual  was  taken  into  police  custody  and  never 
heard  from  again.  Police  usually  deny  these  claims,  countering  that  there  are  no 
records  of  arrest. 

Militants  in  Jammu  and  Kashmir  and  the  Northeast  continued  to  use  kidnapings 
to  sow  terror,  seek  the  release  of  detained  comrades,  and  extort  funds.  According 
to  the  Government,  terrorists  in  Jammu  and  Kashmir  kidnaped  422  persons  during 
the  year,  of  whom  181  were  killed  by  their  captors,  82  were  released,  and  158  re- 
mained unaccounted  for.  The  July  1995  kidnaping  of  American,  British,  German, 
and  Norwegian  nationals  by  terrorists  remains  unresolved.  The  Norwegian  captive 
was  beheaded  in  August  1995.  A  captured  terrorist  stated  that  the  remaining  hos- 
tages— one  American,  two  Britons,  and  a  German — were  murdered  by  their  captors 
in  December  1995.  There  has  not  been  a  verifiable  contact  with  the  hostages  for 
more  than  2  years. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  law  prohibits  torture,  and  confessions  extracted  by  force  are  generally  inadmis- 
sible in  court.  Nevertheless,  torture  is  common  througnout  the  country  and  authori- 
ties often  use  torture  during  interrogations.  In  other  instances,  they  torture  detain- 
ees to  extort  money  and  sometimes  as  summary  punishment. 

On  October  14,  the  Government  signed  the  United  Nations  Convention  Against 
Torture  and  Other  Cruel,  Inhuman  or  Degrading  Treatment  or  Punishment,  and  the 
decision  to  accede  was  welcomed  by  human  rights  organizations.  However,  the  Gov- 
ernment's decision  not  to  accept  Articles  20,  21,  and  22  of  the  Convention  means 
effectively  that  the  U.N.  Human  Rights  Commission  will  not  be  able  to  investigate 
allegations  of  torture  in  India. 

In  1997  the  U.N.  Special  Rapporteur  on  Torture  reported  that  torture  was  prac- 
ticed systematically  by  the  security  forces  against  persons  in  Jammu  and  Kashmir 
"in  order  to  coerce  them  to  confess  to  militant  activity,  to  reveal  information  about 
suspected  militants,  or  to  inflict  punishment  for  suspected  support  or  sympathy  with 
militants."  According  to  the  Rapporteur,  "on  no  occasion  had  information  been  made 
public  regarding  instances  of  action  taken  against  security  force  personnel  in 
Jammu  and  Kashmir  for  acts  of  torture." 

The  U.N.  Special  Rapporteur  on  Extrajudicial  Executions  received  responses  from 
the  Government  to  several  inquiries.  In  the  case  of  Purushottam  Kumar  and  Manoj 
Kumar,  who  reportedly  died  in  police  custody  as  a  result  of  torture,  the  Government 
stated  that  four  police  officers  had  been  found  guilty  and  that  further  investigations 
by  the  state  police  were  under  way.  The  Government  denied  wrongdoing  by  the  po- 
lice in  several  other  cases  involving  allegations  of  death  from  torture  while  in  police 
custody,  telling  the  Rapporteur  that  those  in  question  had  died  of  cardiac  arrest  or 
other  illness,  or  by  mishap  during  altercations  with  police.  The  Special  Rapporteur 
on  Torture  noted  that  methods  oT  torture  included  beating,  rape,  crushing  the  leg 


1643 

muscles  with  a  wooden  roller,  burning  with  heated  objects,  and  electric  shocks.  Be- 
cause many  alleged  torture  victims  die  in  custody,  and  others  are  afraid  to  speak 
out,  there  are  few  firsthand  accounts,  although  the  marks  of  torture  have  often  been 
found  on  the  bodies  of  deceased  detainees.  The  U.N.  Special  Rapporteurs  on  Torture 
and  on  Extrajudicial  Killings  renewed  their  requests  to  visit  Jammu  and  Kashmir 
to  the  Government  in  1997,  out  they  were  not  permitted  to  do  so. 

The  prevalence  of  torture  by  police  in  detention  facilities  throudiout  the  country 
is  borne  out  by  the  number  of  cases  of  deaths  in  police  custody  (see  Section  l.a.). 
In  May  human  rights  activists  reported  that  Srinagar^s  S.  K.  Institute  of  Medical 
Sciences  treats  six  to  seven  cases  of  renal  failure  weekly  as  a  result  of  police  torture. 
On  March  2,  it  was  announced  in  the  West  Bengal  state  assembly  that  there  had 
been  84  custodial  deaths  in  the  state  in  the  5  previous  years;  others  claim  that  the 
figure  is  much  higher. 

According  to  the  U.N.  Special  Rapporteur,  torture  victims  or  their  relatives  have 
reportedly  had  difficulty  in  filing  complaints  because  police  in  Jammu  and  Kashmir 
were  issued  instructions  not  to  open  a  case  without  f)ermission  from  higher  authori- 
ties. In  addition.  Section  7  of  the  Armed  Forces  (Jammu  and  Kashmir)  Special  Pow- 
ers Act  provides  that  unless  approval  is  obtained  from  the  central  Government,  no 
"prosecution,  suit,  or  other  legal  proceeding  shall  be  instituted.  .  .  .against  any  per- 
son in  respect  of  anything  done  or  purported  to  be  done  in  exercise  of  the  powers 
of  the  Act."  This  provision  reportedly  allows  the  security  forces  to  act  with  virtual 
inmunity. 

The  rape  of  persons  in  custody  is  part  of  the  broader  pattern  of  custodial  abuse. 
Limits  placed  on  the  arrest,  search,  and  police  custody  of  women  appear  effectively 
to  limit  the  frequency  of  rape  in  custody,  although  it  does  occur  on  occasion.  The 
NHRC  received  reports  of  only  three  cases  of  custodial  rape  during  the  1995-96  fis- 
cal year.  The  24-hour  reporting  requirement  applies  to  custodial  rape  as  well  as  cus- 
todial death.  However,  the  requirement  does  not  apply  to  rape  by  policemen  outside 
police  stations.  NGO's  claim  that  rape  by  police,  including  custodial  rape,  is  more 
common  than  NHRC  figures  indicate.  Although  evidence  is  lacking,  a  larger  number 
appears  credible,  in  light  of  other  evidence  of  abusive  behavior  oy  police  and  the 
likelihood  that  many  rapes  go  unreported  due  to  a  sense  of  shame. 

A  pattern  of  rape  by  paramilitary  personnel  allegedly  exists  in  Jammu  and  Kash- 
mir and  the  northeast  (see  section  l.g.),  but  is  not  included  in  NHRC  statistics  be- 
cause it  involves  military  forces.  Human  rights  activists  allege  that  Indian  army 
Eersonnel  raped  two  sisters  of  a  suspected  militant  on  January  8  in  the  village  of 
[akura,  Anantnag  district,  Jammu  and  Kashmir.  Human  rights  activists  alleged 
that  on  February  4,  security  force  members  tortured  and  humiliated  several  girls 
and  women  in  Waloo  Noorabad  Kulgam,  Jammu  and  Kashmir. 

On  March  30,  a  soldier  from  the  15th  Maratha  Light  Infantry  raped  a  12-year- 
old  girl  in  the  Mokukchnag  District  of  Nagaland;  a  court  of  inquiry  found  him  guilty 
and  recommended  court  martial.  On  March  27,  a  police  constable  was  sentenced  to 
death  for  the  rape  and  murder  of  a  minor  girl  in  North  Dinajpur,  West  Bengal  in 
1995. 

Although  custodial  abuse  is  deeply  rooted  in  police  practices,  increased  press  re- 
porting and  parliamentary  questions  provide  evidence  of  growing  public  awareness 
of  the  problem.  The  NHRC  has  identified  torture  and  deaths  in  detention  as  one 
of  its  priority  concerns. 

Between  April  1996  and  March  1997,  888  cases  of  custodial  death  were  reported 
to  the  NHRC,  including  188  deaths  in  police  custody.  The  700  deaths  in  judicial  cus- 
tody, occurring  in  a  prison  population  of  approximately  155,000,  many  of  whom  are 
held  for  years,  include  a  large  proportion  of  deaths  from  natural  causes,  in  some 
cases  aggravated  by  poor  conditions  in  prisons.  Deaths  in  police  custody,  which  typi- 
cally occur  within  hours  or  days  of  initial  apprehension,  more  clearly  imply  violent 
abuse.  The  NHRC  has  no  authority  to  investigate  abuses  by  security  forces  directly, 
and  security  forces  in  Jammu  and  Kashmir  and  the  Northeast  are  not  required  to 
report  custodial  deaths  to  the  Commission. 

As  a  result  of  NHRC  investigations  during  the  fiscal  year,  22  police  personnel 
were  prosecuted  during  the  fiscal  year  and  79  were  suspended,  most  in  both  cases 
due  to  involvement  in  custodial  abuse.  Charges  against  police  prosecuted  for  custo- 
dial abuse  include  murder. 

Prison  conditions  are  poor.  Prisons  are  seriously  overcrowded,  often  housing  over 
three  times  their  designed  capacity.  The  largest  class  of  prisoners  typically  sleeps 
on  bare  floors,  has  inadecjuate  sanitary  facilities,  and  receives  inadequate  food  and 
medical  care.  Prisoners  with  privileged  status  or  with  the  personal  or  family  means 
can  supplement  what  is  normally  provided.  There  are  three  classes  of  prison  facili- 
ties. Prisoners  are  not  classified  by  the  nature  of  their  crimes,  but  by  their  standing 
in  society.  Class  "C"  prisoners  are  those  who  cannot  prove  they  are  college  grad- 


1644 

uates  or  income  taxpayers.  Their  cells  are  overcrowded,  often  have  dirt  floors,  no 
furnishings,  and  poor  quality  food.  The  use  of  handcuffs  and  fetters  is  common. 
Class  "B  prisoners — college  ^aduates  and  taxpayers — are  held  under  markedly 
better  conditions.  Class  "A  prisoners  are  prominent  persons,  as  designated  by  the 
Government,  and  are  accorded  private  rooms,  visits,  and  adequate  food,  which  may 
be  supplemented  by  their  families.  Class  "A"  prisoners  are  usually  held  in  govern- 
ment guest  houses. 

Overcrowding  in  jails  is  severe.  According  to  a  statement  in  Parliament  in  1994 
by  the  Minister  of  State  for  Home  Affairs,  New  Delhi's  Tihar  jail,  considered  one 
of  the  best-run  in  the  country,  housed  8,577  prisoners  in  facilities  designed  to  hold 
2,487.  According  to  the  Minister,  7,505  detainees  awaited  the  completion  of  their 
trials,  while  672  others  had  been  on  trial  for  3  years  or  longer.  As  a  result  of  an 
NHRC  inquiry  into  the  causes  of  46  custodial  deaths  reported  at  Tihar  Prison  be- 
tween April  1994  and  June  1995,  a  new  building  was  constructed  at  the  prison  in 
1996  to  nouse  750  inmates.  In  addition,  about  130  new  staff  members  were  hired 
and  the  medical  staff  was  augmented.  Elsewhere  in  India,  prison  conditions  remain 
little  changed  from  previous  years. 

Nevertheless,  prison  conditions  are  a  subject  of  press  reports  and  court  cases  and 
have  received  attention  from  human  rights  groups.  Press  accounts  of  prison  condi- 
tions include  reports  of  sexual  abuse  of  prisoners,  the  use  of  prisoners  by  prison  offi- 
cials as  domestic  servants,  the  sale  of  food  and  milk  for  prisoners  on  the  black  mar- 
ket, the  sale  of  female  prisoners  to  brothels,  and  the  marketing  and  export  of  prison- 
made  goods.  Women  constitute  3  percent  of  the  prison  population,  the  Union  Min- 
istry 01  Home  Affairs  said  at  years  end.  Although  Parliament  passed  a  Children's 
Act  in  1960  to  safeguard  young  prisoners  against  abuse  and  exploitation  and  a  Juve- 
nile Justice  Act  in  1986  provides  that  boys  under  16  and  girls  under  18  are  not  to 
be  held  in  prison,  most  states  have  not  implemented  these  acts.  The  Supreme  Court 
has  criticized  the  state  governments  for  not  providing  reformatories  and  separate 
detention  facilities  for  children.  In  March  the  NHRC  recommended  that  the  Govern- 
ment enact  a  central  law  regulating  state  prisons,  in  order  to  replace  the  Prison  Act 
of  1894. 

With  the  exception  of  an  agreement  with  the  ICRC  for  visits  to  detention  facilities 
in  Jammu  and  Kashmir,  the  Government  does  not  allow  NGO's  to  monitor  prison 
conditions. 

Over  the  course  of  the  conflict  in  Jammu  and  Kashmir,  security  forces  have  de- 
stroyed more  than  800  homes  of  suspected  militants  and  their  family  members  as 
a  form  of  "collective  punishment,"  accordingto  credible  human  rights  groups. 

d.  Arbitrary  Arrest,  Detention,  or  Exile.— -The  Government  implemented  during  the 
early  1980's  a  variety  of  special  security  laws  intended  to  help  law  enforcement  au- 
thorities fight  separatist  insurgency.  There  were  credible  reports  of  widespread  arbi- 
trary arrest  and  detention  under  these  laws. 

Although  the  law  that  had  been  subject  to  the  most  extensive  abuse — the  Terror- 
ist and  Disruptive  Practices  (Prevention)  Act  (TADA) — lapsed  in  May  1995,  3,785 
persons  previously  arrested  under  the  act  continued  to  be  held  in  a  number  of  states 
at  year's  end,  and  a  small  number  of  arrests  under  TADA  continued  for  crimes  al- 
legedly committed  before  the  law  lapsed.  Criminal  cases  are  proceeding  against 
most  of  those  still  held  under  TADA,  with  more  than  3,000  charged  under  other 
laws  in  addition  to  TADA.  In  March,  the  Government  asserted  that  all  TADA  cases 
would  be  reviewed.  In  February  1996,  the  Supreme  Court  eased  bail  guidelines  for 
persons  accused  under  TADA,  taking  into  account  the  large  backlog  of^cases  in  spe- 
cial TADA  courts.  In  reply  to  a  question  in  the  Jammu  and  Kashmir  state  assembly 
in  May,  the  Government  reported  that  15,826  people  were  detained  under  TADA  in 
the  state  between  1990  and  1995.  TADA  courts  use  abridged  procedures.  For  exam- 
ple, defense  counsel  is  not  permitted  to  see  witnesses  for  the  prosecution,  who  are 
kept  behind  screens  while  testifying  in  court.  Also,  confessions  extracted  under  du- 
ress are  permitted  in  evidence. 

The  Constitution  provides  that  detainees  have  the  right  to  be  informed  of  the 
grounds  for  arrest,  to  be  represented  by  counsel,  and,  unless  the  person  is  held 
under  a  preventive  detention  law,  to  appear  before  a  magistrate  within  24  hours  of 
arrest.  At  this  initial  appearance,  the  accused  must  either  be  remanded  for  further 
investigation  or  releasea.  The  Supreme  Court  has  upheld  these  provisions.  An  ac- 
cused person  must  be  informed  of  his  right  to  bail  at  the  time  of  arrest  and  may, 
unless  he  is  held  on  a  nonbailable  offense,  apply  for  bail  at  any  time.  The  police 
must  file  a  charge  sheet  within  60  to  90  days  of*^  arrest;  if  they  fail  to  do  so,  court 
approval  of  a  bail  application  becomes  mandatory. 

The  Constitution  permits  preventive  detention  laws  in  the  event  of  threats  to  pub- 
lic order  and  national  security.  These  laws  provide  for  limits  on  the  length  of  deten- 
tion and  for  judicial  review.  &veral  laws  of  this  type  remain  in  effect. 


1645 

The  National  Security  Act  (NSA)  of  1980  permits  detention  of  persons  considered 
security  risks;  police  anywhere  in  the  country  (except  Jammu  and  Kashmir)  may  de- 
tain suspects  under  NSA  provisions.  Under  these  provisions  the  authorities  may  de- 
tain a  suspect  without  charge  or  trial  as  long  as  1  year  on  loosely  defined  security 
grounds.  The  state  government  must  confirm  the  detention  order,  which  is  reviewed 
by  an  advisory  board  of  three  high  court  judges  within  7  weeks  of  arrest.  NSA  de- 
tainees are  permitted  visits  by  family  members  and  lawyers  and  must  be  informed 
of  the  grounds  for  detention  within  5  days  (10  to  15  days  in  exceptional  cir- 
cumstances). At  year's  end,  approximately  500  persons  continue  to  be  detained 
under  the  NSA.  The  NSA  does  not  define  "security  risk."  Human  rights  groups  al- 
lege that  preventive  detention  can  be  ordered  and  extended  under  the  act  purely 
on  the  opinion  of  the  detaining  authority.  Such  a  subjective  decision  cannot  be  over- 
turned by  any  court. 

The  Jammu  and  Kashmir  Public  Safety  Act  (PSA)  of  1978  covers  corresponding 
procedures  for  that  state.  Over  half  of  the  detainees  in  Jammu  and  Kashmir  are 
held  under  the  PSA. 

The  court  system  is  overloaded.  The  result  has  been  the  detention  of  persons 
awaiting  trial  for  periods  longer  than  they  would  receive  if  convicted.  Prisoners  may 
be  held  months  or  even  years  before  obtaining  a  trial  date.  According  to  a  reply  to 
a  parliamentary  question  in  July  1994,  more  than  111,000  criminal  cases  were 
pending  in  the  Allahabad  High  Court,  the  most  serious  case  backlog  in  the  country, 
of  which  nearly  29,000  cases  nad  been  pending  for  5  to  8  years.  A  statement  to  Par- 
liament in  July  1996  indicated  that  criminal  and  civil  cases  pending  before  the 
country's  hi^  courts  numbered  nearly  2.9  million  in  1995,  roughly  the  same  as  in 
1994  but  an  increase  from  2.65  million  in  1993.  The  Government  acknowledged  that 
73  percent  of  all  prisoners  held  at  year's  end  were  so-called  "under-trials,"  i.e. 
unconvicted  remand  prisoners  awaiting  the  start  or  conclusion  of  their  trials. 

In  June  Rongthong  Kunley  Dorji,  a  Bhutanese  dissident,  was  placed  in  judicial 
custody  pending  review  of  an  extradition  request  from  the  Government  of  Bhutan 
on  charges  that  included  political  offenses  as  well  as  financial  malfeasance.  Dorji 
remained  in  custody  in  New  Delhi  at  year's  end,  awaiting  conclusion  of  his  extra- 
dition hearing. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — There  is  an  independent  iudiciary  with  strong  con- 
stitutional safeguards.  Under  a  Supreme  Court  ruling,  tne  Chief  Justice,  in  con- 
sultation with  his  colleagues,  has  a  decisive  voice  in  selecting  judicial  candidates. 
The  President  appoints  the  judges,  and  they  can  serve  up  to  the  age  of  62  on  the 
state  high  courts  and  up  to  tne  age  of  65  on  the  Supreme  Court. 

Courts  of  first  resort  exist  at  the  subdistrict  and  district  levels.  More  serious  cases 
and  appeals  are  heard  in  state-level  high  courts  and  by  the  national-level  Supreme 
Court,  which  also  rules  on  constitutional  questions.  Subdistrict  and  district  judicial 
magistrates  are  appointed  by  state  governments.  High  court  judges  are  appointed 
on  the  recommendation  of  the  federal  Law  Ministry,  with  the  advice  of  the  Supreme 
Court,  the  High  Court  Chief  Justice,  and  the  chief  minister  of  the  state,  usually 
from  among  district  judges  or  lawyers  practicing  before  the  same  courts.  Supreme 
Court  judges  are  similarly  appointed  from  among  high  court  judges.  The  Chief  Jus- 
tice is  selected  on  the  basis  of  seniority. 

When  legal  procedures  function  normally,  they  generally  assure  a  fair  trial,  but 
the  process  can  be  drawn  out  and  inaccessible  to  the  poor.  Defendants  have  the 
right  to  choose  counsel  from  a  bar  that  is  fully  independent  of  the  Government. 
There  are  effective  channels  for  appeal  at  most  levels  of  the  judicial  system. 

The  Criminal  Procedure  Code  provides  for  an  open  trial  in  most  cases,  but  it  al- 
lows exceptions  in  proceedings  involving  official  secrets,  trials  in  which  statements 
prejudicial  to  the  safety  of  the  State  might  be  made,  or  under  provisions  of  special 
security  legislation.  Sentences  must  be  announced  in  public. 

Muslim  personal  status  law  governs  many  noncriminal  matters  involving  Mus- 
lims— including  family  law,  inheritance,  and  divorce.  The  Government  does  not 
interfere  in  the  personal  laws  of  the  minority  communities,  with  the  result  that  laws 
that  discriminate  against  women  are  upheld. 

In  Jammu  and  Kashmir,  the  judicial  system  barely  functions  due  to  threats  by 
militants  against  judges,  witnesses,  and  their  family  members,  because  of  judicial 
tolerance  of  the  Government's  heavy-handed  antimilitant  actions,  and  the  frequent 
refusal  by  security  forces  to  obey  court  orders.  Courts  there  are  not  willing  to  hear 
cases  involving  terrorist  crimes  or  fail  to  act  expeditiously  on  habeas  corpus  cases, 
if  they  act  at  all.  As  a  result,  there  have  been  no  convictions  of  alleged  terrorists 
in  Janamu  and  Kashmir  since  before  1994,  even  though  some  militants  have  been 
in  detention  for  years. 

There  were  no  reports  of  political  prisoners. 


1646 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The  po- 
lice must  obtain  warrants  for  searches  and  seizures.  In  a  criminal  investigation,  the 
police  may  conduct  searches  without  warrants  to  avoid  undue  delay,  but  they  must 
justify  the  searches  in  writing  to  the  nearest  magistrate  with  jurisdiction  over  the 
offense.  The  authorities  in  Jammu  and  Kashmir,  Punjab,  and  Assam  have  special 
powers  to  search  and  arrest  without  a  warrant. 

The  Indian  Telegraph  Act  authorizes  the  surveillance  of  communications,  includ- 
ing monitoring  telephone  conversations  and  intercepting  personal  mail,  in  case  of 
public  emergency  or  "in  the  interest  of  the  public  saiety  or  tranquillity."  These  pow- 
ers have  been  used  by  every  state  government.  The  Union  Government  also  uses 
the  powers  of  the  Indian  Telegraph  Act  to  tap  phones  and  open  mail. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— Government  forces  continue  to  commit  serious  violations  of  humanitarian 
law  in  the  disputed  state  of  Jammu  and  Kashmir.  Between  350,000  and  400,000 
army  and  paramilitary  forces  are  deployed  in  Jammu  and  Kashmir.  The  Muslim 
majority  papulation  in  the  Kashmir  Valley  suffers  from  the  repressive  tactics  of  the 
security  forces.  Under  the  Jammu  and  Kashmir  Disturbed  Areas  Act,  and  the 
Armed  Forces  (Jammu  and  Kashmir)  Special  Powers  Act,  both  passed  in  July  1990, 
security  forces  personnel  have  extraordinary  powers,  including  authority  to  shoot 
suspected  lawbreakers  and  those  disturbing  the  peace,  and  to  destroy  structures 
suspected  of  harboring  militants  or  arms. 

Cfivilian  deaths  caused  by  security  forces  diminished  for  the  fourth  consecutive 
year  in  Jammu  and  Kashmir.  This  decrease  apparently  is  due  to  press  scrutiny  and 
public  criticism  of  abuses  in  previous  years,  increased  training  of  military  and  para- 
military forces  in  humanitarian  law,  and  greater  sensitivity  of  commanders  to  rule 
of  law  issues.  The  improvement  has  taken  the  form  of  increased  discipline  and  care 
in  avoiding  collateral  civilian  injuries  and  deaths  (i.e.,  deaths  in  crossfire).  The 
Union  Home  Ministry  reported  that  84  such  deaths  had  occurred  in  Jammu  and 
Kashmir  in  1996-97,  compared  with  171  the  previous  reporting  period.  The  security 
forces  have  not  abandoned  the  abduction  and  extrajudicial  execution  of  susp)ected 
militants,  nor  accepted  accountability  for  these  abuses.  However,  the  inclination  of 
many  commanders  to  distance  their  units  from  such  practices  has  led  to  reduced 
participation  in  them  and  a  transfer  of  some  of  such  actions  to  countermilitants. 

In  April  the  alleged  rape  by  security  forces  of  nine  women  in  the  village  of 
Wawoosa,  near  Srinagar,  led  to  protest  demonstrations.  There  is  no  evidence  that 
charges  have  been  brought  in  the  alleged  rape  by  security  forces  of  nine  women  in 
Wawoosa.  Kashmiris  asserted  that  the  incident  was  part  of  a  larger  pattern  of  rape 
committed  by  army  personnel  in  the  valley.  In  a  separate  incident  in  May,  four 
members  of  the  Rashtriya  Rifles  were  sentenced  by  military  authorities  to  10  years 
in  prison  for  the  rape  of  two  women  in  south  Kashmir. 

Kashmiri  militant  groups  also  committed  serious  abuses.  In  addition  to  political 
killings  and  kidnapings  oi  politicians  and  civilians  (see  Sections  l.a.  and  l.o.),  ter- 
rorists engaged  in  extortion  and  carried  out  acts  of  random  terror  that  killed  hun- 
dreds of  Kashmiris.  Terrorist  acts  by  Kashmiri  groups  have  also  taken  place  outside 
Jammu  and  Kashmir.  Many  of  the  terrorists  are  not  Indian  citizens,  but  are  of  Af- 
ghan, Pakistani  and  other  nationalities. 

On  March  22,  seven  members  of  the  Hindu  Pandit  community  in  the  Kashmir  val- 
ley were  abducted  and  killed.  On  March  29,  at  least  16  people  were  killed  and  60 
injured  when  two  bombs  exploded  outside  a  concert  arena  in  Jammu.  Chief  Minister 
Farooq  Abdullah  was  scheduled  to  attend  the  concert,  but  arrived  after  the  blasts 
and  was  unhurt.  On  June  29,  an  explosion  at  the  heavily  guarded  Legislative  As- 
sembly members'  hostel  killed  three  people,  including  an  assembly  member  who  was 
a  former  militant.  On  31  and  November  1,  militant  separatist  organizations  ex- 

f)loded  bombs  in  Srinigar,  Kashmir,  injuring  several  civilians  and  killing  2  security 
orces  personnel.  On  November  30,  three  persons  were  killed  and  58  were  injured, 
when  two  bombs  exploded  in  a  crowded  marketplace  in  New  Delhi. 

Kashmiris  continued  to  be  caught  in  the  crossfire  between  militants  on  one  side 
and  security  forces  and  countermilitants  on  the  other.  Unlike  past  years,  however, 
there  were  no  large-scale  or  prolonged  clashes  resulting  in  extensive  loss  of  civilian 
life  or  property. 

Government  security  forces  in  the  northeast  have  been  responsible  for  human 
rights  abuses  ranging  from  extrajudicial  killings  and  disappearances  to  torture  and 
rape.  There  are  approximately  40,000  government  security  forces  deployed  in  the 
northeast.  Througn  June,  the  Government  stated  that  militants  in  the  northeast 
had  killed  163  members  of  the  security  forces  and  363  civilians.  Militant  violence 
directed  against  civilians  resulted  in  numerous  deaths  and  drove  thousands  of  per- 
sons from  their  homes  (see  Section  l.a).  Bodo  militants  attempted  to  blow  up  a  pas- 


1647 

senger  train  on  August  13.  They  also  planted  explosive  devices  under  a  number  of 
bridges  in  Assam  during  August. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — ^The  Constitution  provides  for  these  rights,  and 
with  some  limitations  they  are  exercised  in  practice.  A  vigorous  press  reflects  a  wide 
variety  of  public,  social,  and  economic  beliefs.  Newspapers  and  magazines  regularly 
publish  investigative  reports  and  allegations  of  government  wrongdoing,  and  the 

{)re8s  as  a  whole  champions  human  rights  and  criticizes  perceived  government 
apses. 

The  Press  Council  of  India  is  a  statutory  body  of  journalists,  publishers,  academ- 
ics, and  politicians  with  a  chairman  appointed  by  the  Government.  Designed  to  be 
a  self-regulating  mechanism  for  the  press,  it  investigates  complaints  of  irresponsible 
journalism  and  sets  a  code  of  conduct  for  publishers.  This  code  includes  not  publish- 
ing articles  or  details  that  might  incite  caste  or  communal  violence.  The  Council 
publicly  criticizes  newspapers  or  journalists  it  believes  have  broken  the  code  of  con- 
duct, but  its  findings,  while  noted  by  the  press  community,  carry  no  legal  weight. 
Parliament  adopted  a  freedom  of  information  act  in  June. 

National  television  and  radio,  which  are  government  monopolies,  are  frequently 
accused  of  manipulating  the  news  to  the  benefit  of  the  Government.  However,  inter- 
national satellite  television  is  widely  distributed  in  middle  class  neighborhoods  by 
cable  and  is  gradually  eroding  the  Government's  monopoly  on  television. 

Under  the  Official  Secrets  Act  (OSA),  the  Government  may  restrict  publication  of 
sensitive  stories,  but  the  Government  sometimes  interprets  this  broadly  to  suppress 
criticism  of  its  policies.  Human  rights  activists  state  that  government  pressure 
caused  one  national,  English-language  daily  to  suppress  some  stories  and  transfer 
a  staff  reporter.  The  1971  Newspapers  Incitements  to  Offenses  Act  remains  in  effect 
in  Jammu  and  Kashmir.  Under  the  act,  a  district  magistrate  may  prohibit  the  press 
from  publishing  material  resulting  in  "incitement  to  murder"  or  "any  act  of  vio- 
lence." As  punishment  the  act  stipulates  that  the  authorities  may  seize  newspapers 
and  printing  presses.  Despite  these  restrictions,  newspapers  in  Srinagar  regularly 
publish  militant  press  releases  attacking  the  Government  and  report  in  detail  on 
alleged  human  rights  abuses.  The  authorities  allowed  foreign  journalists  to  travel 
freely  in  Janmiu  and  Kashmir,  where  they  regularly  spoke  with  militant  leaders, 
and  filed  reports  on  government  abuses. 

On  June  27  in  Srinagar,  Jammu  and  Kashmir  police  attacked  a  group  of  journal- 
ists protesting  police  brutality.  On  March  16,  unidentified  gunmen  murdered  jour- 
nalist Saidain  Shafi  in  Srinagar.  There  is  no  active  investigation  of  the  Saidan  Shafi 
murder.  In  late  August,  Assam  police  arrested  several  members  of  a  local  human 
rights  organization  on  allegations  that  they  were  helping  the  United  Liberation 
Front  of  Assam  (ULFA)  insurgents.  One  of  those  arrested,  Ajit  Bhuyan,  is  also  the 
editor  of  two  Assamese  language  daily  newspapers  that  had  been  critical  of  the  state 
government.  Local  journalists  alleged  that  the  arrests  constituted  a  violation  of  free- 
dom of  speech.  In  January  1998,  the  International  Federation  of  Journalists  re- 
ported that  seven  journalists  were  murdered  in  India  in  1997,  allegedly  because  of 
stories  they  had  written  or  in  order  to  halt  investigations  they  were  conducting. 

A  government  censorship  board  reviews  films  before  licensing  them  for  distribu- 
tion. The  board  deletes  material  deemed  offensive  to  public  morals  or  communal 
sentiment.  Producers  of  video  news  magazines  must  also  submit  their  products  to 
the  board,  which  occasionally  censors  stories  that  portray  the  Government  in  an  un- 
favorable light.  The  board's  ruling  may  be  appealed  and  overturned. 

Kashmiri  groups  threatened  journalists  and  editors  and  even  imposed  temporary 
bans  on  some  publications. 

Citizens  enjoy  complete  academic  freedom,  and  students  and  faculty  espouse  a 
wide  range  oi  views.  In  addition  to  10  national  universities  and  about  160  state  uni- 
versities, states  are  empowered  to  accredit  locally  run  private  institutions. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  of  peaceful  assembly,  and  the  Government  generally  respected  these  rights 
in  practice. 

The  authorities  sometimes  require  permits  and  notification  prior  to  holding  pa- 
rades or  demonstrations,  but  local  governments  ordinarily  respect  the  right  to  pro- 
test peacefully.  At  times  of  civil  tension,  the  authorities  may  ban  public  assemblies 
or  impose  a  curfew  under  the  Criminal  Procedure  Code. 

Srinagar  and  other  parts  of  Jammu  and  Kashmir  occasionally  came  under  curfew, 
but  were  more  often  affected  by  strikes  called  by  the  militants.  The  Kerala  High 
Court  ruled  in  July  that  "bandhs,"  or  forced  public  closures,  as  opjxjsed  to  dem- 
onstrations or  rallies,  forcibly  interfered  in  the  affairs  of  others,  and  thus  rep- 


1648 

resented  a  violation  of  the  constitutional  ri^t  to  assemble  peaceably.  Critics  of  the 
ruling  say  that  the  court  overstepped  its  bounds  by  restricting  the  right  to  protest. 
The  Constitution  provides  for  tne  right  to  form  associations,  and  the  Government 
generally  respected  these  rights  in  practice. 

c.  Freedom  of  Religion. — The  Constitution  provides  for  freedom  of  religion,  and  the 
Government  respects  this  right  in  practice.  India  is  a  secular  state  in  which  all 
faiths  generally  enjoy  freedom  of  worship.  Government  policy  does  not  favor  any  re- 
ligious group.  There  is  no  national  law  to  bar  proselytizing  by  Indian  Christians. 
Foreign  missionaries  can  generally  renew  their  visas  but  since  the  mid-1960's  the 
Government  has  refused  to  admit  new  resident  foreign  missionaries.  Those  who  ar- 
rive now  do  30  as  tourists  and  stay  for  short  periods.  As  of  January  1993,  there  were 
1,923  registered  foreign  Christian  missionaries.  As  in  the  past,  state  oflicials  refused 
to  issue  permits  for  foreign  Christian  missionaries  to  enter  some  northeastern 
states.  Tension  between  Hindus  and  Muslims  continues  to  pose  a  challenge  to  the 
secular  foundation  of  the  State  (see  Section  5). 

The  U.N.  Special  Rapporteur  for  all  forms  of  Intolerance  and  of  Discrimination 
Based  on  Religion  or  Belief  published  a  report  in  February  on  his  visit  of  December 
2-14,  1996  at  the  invitation  of  the  Government.  Having  studied  the  situation  of  the 
majority  Hindus  and  minority  Muslims,  Christians,  and  Sikh's,  the  Rapporteur  con- 
cluded that  the  country's  constitutional  and  legislative  guarantees  of  religious  free- 
dom contributed  to  religious  tolerance  in  India  as  did  'a  conception  of  secularism 
implying  not  the  rejection  of  religion  but  equality  for  all  religions."  He  warned,  how- 
ever, that  tolerance  was  susceptible  to  attack  by  religious  extremists  (see  Section 
5). 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  enjoy  freedom  of  movement  within  the  country  except  in  cer- 
tain border  areas  where,  for  security  reasons,  special  permits  are  required.  Under 
the  Passports  Act  of  1967,  the  Government  may  deny  a  passport  to  any  applicant 
who  "may  or  is  likely  to  engage  outside  India  in  activities  prejudicial  to  the  sov- 
ereignty and  integrity  of  India.  The  Government  uses  this  provision  to  prohibit  the 
foreign  travel  of  some  government  critics,  especially  those  advocating  Sikh  inde- 
pendence. 

Citizens  may  emigrate  without  restriction. 

India  is  not  a  party  to  the  1951  U.N.  Convention  Relating  to  the  Status  of  Refu- 
gees or  its  1967  Protocol.  It  cooperates  with  the  office  of  the  United  Nations  High 
Commissioner  for  Refugees  (UNHCR)  in  the  care  of  certain  groups  of  refugees  (nota- 
bly Afghans,  Iranians,  Somalis,  Burmese,  and  Sudanese),  but  not  in  the  case  of 
other  groups,  most  notably  the  Sri  Lankan  Tamils  to  whose  canips  in  Tamil  Nadu 
the  Government  has  barred  access  by  the  UNHCR  and  NGO's.  India  does  provide 
first  asylum  to  refugees,  most  notably  in  recent  years  to  Tibetan  and  Sri  Lankan 
Tamil  refugees.  However,  this  policy  is  inconsistently  applied.  For  example,  the  in- 
sistence of  some  border  authorities  on  the  presentation  of  passport  and  visas  by 
those  claiming  refugee  status  has  occasionally  resulted  in  individuals  or  groups 
being  refused  admittance.  This  has  occurred  in  recent  years  in  cases  involving  Ira- 
nians who  had  transited  Pakistan  to  enter  India,  and  some  Chin  and  Rakhine  refu- 
gees from  Burma.  Human  rights  groups  allege  that  the  Government  forced  5,000  to 
6,0(X)  Jumma  refugees  to  return  to  Bangladesh,  where  no  adequate  housing  was 
provided  for  them.  Refugees  are  not  required  to  make  claims  in  third  countries. 
Cramped  and  unhygienic  conditions  are  reported  to  exist  in  some  of  the  camps  for 
Sri  Lankan  Tamils  in  Tamil  Nadu. 

The  Government  recognizes  certain  groups,  including  Chakmas  from  Bangladesh, 
Tamils  from  Sri  Lanka,  and  Tibetans,  as  refugees,  providing  them  assistance  in  ref- 
ugee camps  or  in  resettlement  areas.  According  to  a  government  statement  to  Par- 
liament in  July  1996,  there  were  98,000  Tibetans,  87,729  Sri  Lankan  Tamils,  66,234 
Chakmas  and  Hajongs  from  Bangladesh,  and  52  Burmese  refugees.  In  the  state- 
ment, the  Government  indicated  that  18,932  Afghans,  255  Somalis,  and  308  persons 
of  other  nationalities  were  living  in  India  "under  the  mandate"  of  the  UNHCR.  Al- 
though the  Government  does  not  formally  recognize  persons  in  this  latter  category 
as  refugees,  it  does  not  deport  them.  Instead,  these  people  receive  renewable  resi- 
dence permits  or  their  status  is  ignored. 

According  to  the  UNHCR,  as  of  August,  there  were  about  65,000  Tamil  refugees 
from  Sri  Lanka  living  in  115  camps  in  India,  including  approximately  6,000  who 
fled  the  upsurge  in  fighting  in  Sri  Lanka  during  1996  and  338  suspected  of  militant 
activities,  who  are  detained  in  special  camps.  An  estimated  30,00(>-60,000  more  Sri 
Lankan  Tamils  are  not  registered  as  refugees  and  are  living  outside  the  camps.  The 
Government  states  that  there  are  some  57,000  Sri  Lankan  Tamil  refugees  in  camps 
in  India  and  a  few  thousand  more  living  outside  the  camps.  NGO's  report  refugee 
complaints  about  deteriorated  housing,  poor  sanitation,  delayed  dole  payments,  and 


1649 

inadequate  medical  care.  The  state  government,  using  central  government  re- 
sources, provides  shelter  and  subsidized  food  for  those  in  the  camps.  Enforcement 
of  a  Tamil  Nadu  government  ban  on  NGO  assistance  to  the  camps  has  been  relaxed 
and  NGO's  have  visited  the  camps. 

There  are  Chin  ethnics  among  nonrecognized  refugees  in  the  northeastern  states, 
particularly  Mizoram.  Their  presence  is  generally  tolerated.  However,  recent  ten- 
sions between  security  forces  and  Chin  National  Force  (CNF)  insurgents  ojjerating 
in  Burma  have  allegedly  resulted  in  detention,  interrogation,  and  expulsion  of  some 

f)er8on8  associated  with  the  CNF.  More  than  100,000  Buddhist  Chakma  refugees 
ive  in  uncertainty  over  their  futures  in  Tripura,  Arunachal  Pradesh,  and  Mizoram. 
About  40,000  in  Arunachal  Pradesh  live  under  the  threat  of  deportation  following 
a  series  of  acts  of  student-led  agitation  against  their  presence  in  the  state.  Human 
rights  activists  alleged  that  the  government  forcibly  repatriated  5,000  to  6,000 
Jumma  refugees  from  the  eastern  state  of  Tripura  to  Bangladesh  in  March,  despite 
evidence  that  they  would  face  reprisals  there.  The  Government  maintained  that 
there  was  not  sufficient  evidence  to  suggest  a  possibility  of  reprisal  on  return.  Mili- 
tant organizations  in  Manipur  are  forcing  all  non-Manipuris  above  the  age  of  12  to 
pay  a  $3  "tax"  in  order  to  continue  to  live  in  the  state. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  exercise  this  right  freely.  India  has  a  democratic,  parliamentary  system 
of  government  with  representatives  elected  in  multiparty  elections  under  universal 
adult  suffrage.  A  parliament  sits  for  5  years  unless  dissolved  earlier  for  new  elec- 
tions, except  under  constitutionally  defined  emergency  situations.  State  govern- 
ments are  elected  at  regular  intervals  except  in  states  under  President's  Rule,  i.e., 
rule  by  the  central  Government. 

On  the  advice  of  the  Prime  Minister,  the  President  may  proclaim  a  state  of  emer- 
gency in  any  part  of  the  national  territory  in  the  event  of  war,  external  aggression, 
or  armed  rebellion.  Similarly,  President's  Rule  may  be  declared  in  the  event  of  a 
collapse  of  a  state's  constitutional  machinery.  The  Supreme  Court  in  May  1995 
upheld  the  Government's  authority  to  suspend  fundamental  rights  during  an  emer- 
gency. 

President  Narayanan  dissolved  the  lower  house  of  Parliament  on  December  4. 
Elections  are  scheduled  for  February  and  March  1998. 

There  are  no  legal  impediments  to  participation  by  women  in  the  political  process. 
A  lai^e  proportion  of  women  participate  in  voting  throughout  the  country,  and  nu- 
merous women  represent  all  major  parties  in  the  national  and  state  legislatures. 
There  are  59  women  in  the  Parliament,  including  the  deputy  speaker  of  the  upper 
house,  and  5  women  in  the  45-member  Cabinet.  The  1993  passage  of  the 
"Panchayati  Raj"  constitutional  amendments,  reserved  30  percent  of  seats  in  elected 
village  councils  (panchayats)  for  women.  Debate  over  the  reservation  of  parliamen- 
tary and  state  assembly  seats  for  women  continued  throughout  1997. 

The  Constitution  reserves  seats  in  Parliament  and  state  legislatures  for  "sched- 
uled tribes"  and  "scheduled  castes"  in  proportion  to  their  population  (see  Section  5). 
Indigenous  people  participate  actively  in  national  and  local  politics,  but  their  impact 
depends  on  their  numerical  strength.  In  the  northeastern  states,  indigenous  people 
are  a  large  proportion  of  the  population  and  consequently  exercise  a  dominant  politi- 
cal influence  in  the  political  process.  In  Maharashtra  and  Gujarat,  on  the  other 
hand,  tribal  peoples  are  a  small  minority  and  have  been  unsuccessful  in  blocking 
projects  they  oppose. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Independent  human  rights  organizations  operate  throughout  most  of  the  country 
investigating  abuses  and  publishing  their  findings.  Human  rights  activists  in 
Jammu  and  Kashmir,  however,  have  been  unable  to  move  around  the  state  to  docu- 
ment human  rights  violations  for  fear  of  threats  by  countermilitants  and  security 
forces.  Since  1992  several  individuals  closely  involved  in  the  documentation  of  viola- 
tions there,  including  lawyers  and  journalists,  have  been  attacked  and  in  some  cases 
killed.  International  human  rights  groups  have  had  difficulty  in  obtaining  visas  to 
visit  India  for  research  purposes.  For  example,  a  visa  application  by  Amnesty  Inter- 
national researchers  was  pending  throughout  the  entire  year.  Moreover,  the  police 
and  security  forces  have  targeted  human  rights  monitors  for  arrest  and  harassment. 
No  definitive  resolution  of  the  case  of  abducted  and  murdered  Kashmir  human 
rights  activist  Jalil  Andrabi  was  reached.  The  army  and  other  branches  of  the  Gov- 
ernment have  issued  conflicting  statements  as  to  the  responsibility  of  security  forces 
in  this  death  (see  Section  l.b).  A  warrant  for  the  arrest  of  an  army  major  has  been 


1650 

issued  in  connection  with  the  case.  He  reportedly  resigned  his  commission  shortly 
after  the  crime  was  committed  and  is  now  in  custody.  In  Assam  the  investigation 
into  the  murder  of  human  rights  activist  and  journalist  Parag  Das  has  yiel(fed  no 
definitive  information  on  the  identity  of  his  killer.  Das  was  killed  in  May  1996.  The 
assailant  was  allegedly  a  militant  who  had  previously  surrendered  and  was  sup- 
ported by  the  Government.  Human  rights  activists  in  Andhra  Pradesh  were  at- 
tacked by  unidentified  assailants  in  April  and  May.  The  director  of  the  South  Asian 
Human  Rights  Documentation  Center  was  questioned  and  threatened  in  September 
by  persons  claiming  to  be  police  officers  but  who  refused  to  prof>erly  identity  them- 
selves. The  evidence  suggests  that  this  was  an  attempt  to  intimidate  the  director 
and  obstruct  the  work  oi  the  South  Asian  Human  Rights  Documentation  Center. 

The  Government  appointed  a  National  Human  Rights  Commission  in  October 
1993  with  powers  to  investigate  and  recommend  policy  changes,  punishment,  and 
compensation  in  cases  of  police  abuse.  In  addition,  the  NHRC  is  directed  to  contrib- 
ute to  the  establishment,  growth,  and  functioning  of  nongovernmental  human  rights 
organizations.  The  Government  appoints  the  members  and  finances  the  operations 
of  the  NHRC.  The  NHRC  is  seriously  understafied  and  prohibited  by  statute  from 
directly  investigating  allegations  of  abuse  involving  army  and  paramilitary  forces. 

Between  April  and  November,  the  NHRC  received  more  than  30,000  complaints. 
It  considered  15,086  of  these  complaints,  of  which  it  dismissed  7,474  and  transmit- 
ted 2,991  to  other  governmental  authorities  for  disposition.  It  held  inquiries  into 
4,050  complaints,  concluding  571  cases.  During  the  entire  1995—96  fiscal  year,  the 
Commission  received  about  20,000  complaints,  considering  9,751  of  them.  The  in- 
creased number  of  complaints  made  to  the  commission  this  year  is  thought  to  be 
the  result  of  its  increased  visibility. 

Human  rights  groups  alleged  that  persons  protesting  the  World  Bank-sponsored 
National  Thermal  Power  Corporation  (NTPC)  project  in  Singrauli  were  harassed  by 
police  and  NTPC  officials,  but  these  allegations  could  not  be  verified.  Human  rights 
groups  also  reported  that  the  NTPC  project  displaced  a  number  of  people,  causing 
them  to  lose  tneir  homes  and  livelihoods  without  compensation.  According  to  Am- 
nesty International,  groups  protesting  the  construction  of  a  power  plant  by  the 
Dabhol  Power  Company  in  Maharashtra  were  harassed  by  police. 

The  NHRC  has  pursued  the  building  of  a  culture  of  human  rights  by  fostering 
human  rights  education  in  schools  and  universities,  by  offering  support  and  encour- 
agement to  human  rights  NGO's,  by  supporting  training  programs  for  the  police, 
military  forces,  and  paramilitary  forces,  and  by  making  recommendations  to  central 
and  state  governments.  In  November  the  NHRC  recommended  the  preparation  of 
a  human  rights  training  program,  including  stress  counseling,  for  state  police.  The 
NHRC  has  also  influenced  the  legislative  process  (particularly  in  advocating  aboli- 
tion of  the  TADA  and  by  proposing  prison  reform  legislation).  State  human  rights 
commissions  have  been  established  in  West  Bengal,  Himachal  Pradesh,  Assam,  and 
Madhya  Pradesh.  In  addition,  special  courts  to  hear  human  rights  cases  have  been 
established  in  Tamil  Nadu,  Uttar  Pradesh,  and  Andhra  Pradesh. 

The  NHRC  was  also  involved  in  programs  to  eliminate  child  labor  (see  Section  6). 

A  state  human  rights  commission  was  established  in  Jammu  and  Kashmir  by  act 
of  the  state  legislature  on  May  30.  Its  powers  to  independently  investigate  alleged 
human  rights  violations  committed  by  members  of  the  security  forces  are  strictly 
limited.  Credible  human  rights  activists  state  that  the  Jammu  and  Kashmir  com- 
mission has  not  yet  demonstrated  effective,  independent  protection  of  human  rights 
in  the  state. 

The  prison  visits  program  in  Jammu  and  Kashmir  by  the  ICRC,  initiated  in  Octo- 
ber 1995,  continued  in  1997.  ICRC  representatives  also  continued  training  police 
and  border  security  force  personnel  in  international  humanitarian  law.  The  U.N. 
Special  Rapporteurs  on  Torture  and  Extrajudicial  Execution  renewed  their  requests 
to  the  Government  this  year  to  visit  Jammu  and  Kashmir,  but  were  not  permitted 
to  do  so. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  traditional  caste  system  as  well  as  differences  of  ethnicity,  religion,  and  lan- 
guage deeply  divide  society.  Despite  laws  designed  to  prevent  discrimination,  there 
are  other  laws  as  well  as  social  and  cultural  practices  that  have  a  profound  discrimi- 
natory impact.  More  than  60  persons  were  killed  in  caste-related  violence  in  BUiar 
State  and  a  score  or  more  died  as  a  result  of  incidents  in  Tamil  Nadu. 

Women. — Domestic  violence  in  the  context  of  dowry  disputes  is  a  serious  problem. 
In  the  typical  dowry  dispute,  a  groom's  family  members  harass  a  woman  they  be- 
lieve has  not  provided  a  sufficient  dowry.  This  harassment  sometimes  ends  in  the 
woman's  death,  which  family  members  often  try  to  portray  as  a  suicide  or  kitchen 


1651 

accident.  Although  most  "dowry  deaths"  involve  lower  and  middle-class  families,  the 
phenomenon  crosses  both  caste  and  religious  lines.  The  Government  stated  at  year's 
end  that  3,899  dowry  deaths  had  occurred  during  the  year. 

Under  a  1986  amendment  to  the  Penal  Code,  the  court  must  presume  the  hus- 
band or  the  wife's  in-laws  are  responsible  for  every  unnatural  death  of  a  woman  in 
the  first  7  years  of  marriage — provided  that  harassment  is  proven.  In  such  cases, 
police  procedures  require  that  an  officer  of  deputy  superintendent  rank  or  above 
conduct  the  investigation  and  that  a  team  of  two  or  more  doctors  perform  the  post 
mortem  procedures. 

There  is  an  elaborate  system  of  laws  to  protect  the  rights  of  women,  including  the 
Equal  Remuneration  Act,  the  Prevention  of  Immoral  Trafiic  Act,  the  Sati  (widow 
burning)  Prevention  Act,  and  the  Dowry  Prohibition  Act.  However,  the  Government 
often  is  unable  to  enforce  these  laws,  especially  in  rural  areas  where  traditions  are 
deeply  rooted.  Female  bondage  and  forced  prostitution  are  widespread  in  parts  of 
society. 

National  Crime  Record  Bureau  statistics  show  that  registered  cases  of  violence 
against  women — including  molestation,  rape,  kidnaping,  and  wife  murder  (dowry 
deaths)— numbered  83,964  in  1993,  98,948  in  1994  and  100,846  in  1995  (the  last 
year  for  which  such  statistics  are  available.)  In  Orissa  State  alone,  710  cases  of 
dowry  torture  were  reported  by  mid-year.  There  were  continued  reports  during  1997 
of  gang  rapes  as  penalties  for  alleged  adultery  or  as  means  of  coercion  or  revenge 
in  rural  property  aisputes  and  feuds. 

Higher  female  mortality  at  all  age  levels,  including  female  infanticide,  accounts 
for  a  decline  in  the  ratio  of  females  to  males  to  927  per  1,000  in  1991,  from  955 
per  1,000  in  1981  and  972  per  1,000  at  the  turn  of  the  century. 

The  personal  status  laws  of  the  religious  communities  discriminate  against 
women.  Under  the  Indian  Divorce  Act  of  1869,  a  Christian  woman  may  demand  di- 
vorce only  in  the  case  of  spousal  abuse  and  certain  categories  of  adultery  while  for 
a  man  acmltery  alone  is  sufficient.  In  May  the  Bombay  High  Court  recognized  abuse 
alone  as  sufficient  grounds  for  a  Christian  woman  to  obtain  a  divorce.  Under  Islamic 
law,  a  Muslim  husband  may  divorce  his  wife  spontaneously  and  unilaterally;  there 
is  no  such  provision  for  women.  Islamic  law  also  allows  a  man  to  have  up  to  four 
wives  but  prohibits  polyandry. 

The  Hindu  Succession  Act  provides  eaual  inheritance  rights  for  Hindu  women,  but 
married  daughters  are  seldom  given  a  snare  in  parental  property.  Islamic  law  recog- 
nizes a  woman's  right  of  inheritance  but  specifies  that  a  daughter's  share  should 
be  only  one-half  that  of  a  son. 

Under  tribal  land  systems,  notably  in  BUiar,  tribal  women  do  not  have  the  right 
to  own  land.  Other  laws  relating  to  the  ownership  of  assets  and  land  accord  women 
little  control  over  land  use,  retention,  or  sale. 

There  are  thousands  of  grassroots  organizations  working  for  social  justice  and  the 
economic  advancement  of  women,  in  addition  to  the  National  Commission  for 
Women.  The  Government  usually  supports  these  elTorts,  despite  strong  resistance 
from  traditionally  privileged  groups. 

Children. — The  United  Front  coalition  Government  pledged  in  1996  to  enact  legis- 
lation making  free  and  compulsory  elementary  education  a  fundamental  right  and 
to  increase  funding  for  primary  education,  but  such  legislation  has  not  yet  been 

ftassed.  The  Government  continued  efforts  initiated  in  August  1994  to  pass  more 
aws  banning  child  labor  and  to  enhance  enforcement  of  existing  laws.  The  Govern- 
ment's program  to  eliminate  child  labor  is  aimed  at  progressively  withdrawing  chil- 
dren from  the  workplace  in  hazardous  industries  and  placing  them  in  schools  by 
20(X)  through  initiatives  in  education,  rural  development,  woman  and  child  develop- 
ment, health,  and  labor  programs.  Government  efforts  to  eliminate  child  labor  have 
touched  only  a  small  fraction  of  children  in  the  work  place.  The  United  Front  gov- 
ernment pledged  in  1997  to  eliminate  child  labor  by  2010.  A  Supreme  Court  decision 
in  Decemoer  1996  raised  penalties  for  employers  of  children  in  hazardous  industries 
and  established  a  welfare  fund  for  formerly  employed  children  (see  Section  6.d.). 

There  are  an  estimated  500,000  street  children  nationwide.  Child  prostitution  is 
occurring  in  the  cities,  and  there  is  a  growing  pattern  of  trafTic  in  child  prostitutes 
from  Nepal.  According  to  one  estimate  5,000  to  7,000  children,  mostly  between  the 
ages  10  and  18,  are  victims  of  this  trafTic  annually.  In  a  well  publicized  case,  poor 
Muslims  from  Murshidabad  District,  West  Bengal,  were  found  to  be  sending  tneir 
children  (usually  maimed  or  disabled  girls)  to  Saudi  Arabia  to  beg,  in  return  for 
payment  of  about  $1,400.  Authorities  arrested  three  traffickers  and  prosecuted  them 
under  the  Immoral  Traffic  Act. 

The  Child  Marriage  Restraint  (Amendment)  Act  of  1976  prohibits  child  marriage, 
a  traditional  practice  in  northern  India.  The  act  raised  the  age  of  marriage  for  girls 
to  18  from  15,  but  the  Government  does  not  enforce  it  effectively.  According  to  one 


1652 

report,  50  percent  of  the  girls  in  Bihar,  Rajasthan,  Uttar  Pradesh,  and  Madhya 
Pradesh  are  married  at  or  before  age  16. 

The  traditional  preference  for  male  children  continues.  Although  a  law  passed  in 
September  1994  prohibits  the  use  of  amniocentesis  and  sonogram  tests  for  sex  deter- 
mination, they  are  widely  misused  for  this  purpose  and  termination  of  a  dispropor- 
tionate number  of  pregnancies  with  female  fetuses  occurs.  In  the  9  years  since  the 
southern  state  of  Maharashtra  passed  a  law  banning  the  use  of  such  tests  for  sex 
determination,  the  state  government  has  filed  charges  against  one  doctor;  he  was 
acquitted.  Human  rights  groups  estimate  that  at  least  10,000  cases  of  female  infan- 
ticide occur  yearly,  primarily  in  poor  rural  areas.  In  addition,  parents  often  give  pri- 
ority in  health  care  and  nutrition  to  male  infants.  Women's  rights  groups  point  out 
that  the  burden  of  providing  girls  with  an  adequate  dowry  is  one  factor  that  makes 
dau^ters  less  desirable.  Although  abetting  or  taking  dowry  is  theoretically  illegal 
under  the  Dowry  Prohibition  Act  of  1961,  it  is  still  widely  practiced. 

People  With  Disabilities. — The  Ministry  of  Welfare  has  principal  responsibility  for 
programs  for  the  disabled,  and  it  delivers  comprehensive  rehaliilitation  services  to 
the  rural  population  through  16  district  centers.  A  national  rehabilitation  plan  com- 
mits the  Government  to  putting  a  rehabilitation  center  in  each  of  more  than  400 
districts,  but  services  are  still  concentrated  in  urban  areas.  The  Government  re- 
serves 3  percent  of  positions  in  official  offices  and  state-owned  enterprises  for  people 
with  visual,  hearing,  or  orthopedic  disabilities.  The  Government  provides  special 
railway  fares,  education  allowances,  scholarships,  customs  exemptions,  and  rehabili- 
tation training  to  assist  people  with  disabilities.  There  is  no  legislation  or  otherwise 
mandated  provision  of  accessibility  for  the  disabled.  The  National  Human  Rights 
Commission  sought  to  improve  conditions  in  mental  hospitals  and  enhance  aware- 
ness of  the  rights  of  those  with  mental  disabilities  during  the  year.  It  commissioned 
an  assessment  of  conditions  at  mental  hospitals  throughout  the  country,  to  be  con- 
ducted by  the  National  Institute  of  Mental  Health  and  Neuro  Science.  The  rights 
of  the  mentally  ill  and  mentally  retarded  are  protected  by  the  Constitution  and  the 
Mental  Health  Act  of  1987.  The  NHRC  noted,  however,  that  despite  these  protec- 
tions, "conditions  in  many  mental  hospitals  in  the  country  are  far  from  satisfactory. 
They  continue  to  embody  old  concepts  of  mental  health  care  and  function  essentially 
as  custodial  rather  than  therapeutic  institutions.  Overcrowded  and  serving  as 
"dumping  grounds"  by  desperate  relatives,  some  of  them  lack  even  basic  amenities 
and  have  poor  medical  facilities." 

Indigenous  People. — The  Innerline  Regulations  enacted  by  the  British  in  1873  still 
provide  the  basis  for  safeguarding  tribal  rights  in  most  of  the  border  states  of  north- 
eastern India.  These  regulations  prohibit  any  person,  including  Indians  from  other 
states,  from  going  beyond  an  inner  boundary  without  a  valid  permit.  No  rubber, 
wax,  ivory,  or  other  forest  products  may  be  removed  from  the  protected  areas  with- 
out prior  authorization.  No  outsiders  are  allowed  to  own  land  in  the  tribal  areas 
without  approval  from  tribal  authorities. 

Despite  constitutional  safeguards,  the  rights  of  indigenous  groups  in  eastern  India 
are  often  ignored.  Indigenous  people  suffer  discrimination  and  harassment,  have 
been  wrongly  deprived  of  their  land,  and  have  been  subject  to  arbitrary  arrest  and 
torture.  There  has  been  encroachment  on  tribal  land  in  almost  all  the  states  of  east- 
em  India,  including  by  illegal  immigrants  from  Bangladesh,  and  by  businesses  that 
have  removed  forest  and  mineral  products  without  authorization.  Moreover,  persons 
from  other  backgrounds  often  usurp  places  reserved  for  members  of  tribes  and  lower 
castes  in  national  education  institutions. 

Such  violations  have  given  rise  to  numerous  tribal  movements  demanding  protec- 
tion of  land  and  property  rights.  The  Jharkhand  Movement  in  Bihar  and  Orissa, 
and  the  Bodo  Movement  in  Assam,  reflect  deep  economic  and  social  grievances 
among  indigenous  people.  In  the  Jharkhand  area,  tribal  people  complain  that  they 
have  been  relegated  to  unskilled  mining  jobs,  have  lost  their  forests  to  industrial 
construction,  and  have  been  displaced  by  development  projects.  The  Government 
has  considered  the  creation  of  an  independent  Jharkand  State,  but  the  affected  state 
governments  oppose  the  idea. 

However,  there  is  some  local  autonomy  in  the  northeast.  In  Meghalaya  tribal 
chiefs  still  wield  influence  in  certain  villages.  The  Nagaland  government  controls 
the  rights  to  certain  mineral  resources,  and  autonomous  district  councils  in  Tripura, 
Assam,  and  Meghalaya  control  matters  such  as  education,  rural  development,  and 
forestry  in  cooperation  with  the  state  governors. 

National  / Racial  f  Ethnic  Minorities. — The  Constitution  gives  the  President  author- 
ity to  specify  historically  disadvantaged  castes  and  tribes,  which  are  entitled  to  af- 
firmative action  in  employment  and  other  benefits.  These  "scheduled"  tribes  and 
castes  benefit  from  special  development  funds,  government  hiring  quotas,  and  spe- 
cial training  programs.  According  to  the  1991  census,  scheduled  castes  made  up  16 


1653 

{>ercent  and  scheduled  tribes  8  percent  of  the  country's  1991  population  of  846  mil- 
ion. 

The  Scheduled  Castes  and  Scheduled  Tribes  (Prevention  of  Atrocities)  Act  of  1989 
specifies  new  ofTenses  against  disadvantaged  people  and  provides  stiffer  penalties 
for  offenders.  However,  this  act  has  had  only  a  modest  effect  in  curbing  abuse.  Gov- 
ernment statistics  indicate  that  20,312  crimes  against  scheduled  castes  and  3,193 
crimes  against  scheduled  tribes  were  recorded  during  the  year. 

The  practice  of  untouchability  was  in  theory  outlawed  by  the  Constitution  and  the 
1955  Civil  Rights  Act,  but  it  remains  an  important  asf)ect  of  life.  Intercaste  violence 
claims  hundreds  of  lives  each  year;  it  was  particularly  pronounced  in  Bihar  and 
Tamil  Nadu  states. 

During  the  year,  inter-caste  violence  rose  sharply  in  the  northern  state  of  Bihar, 
where  both  upper-caste  private  armies  and  lower-caste  armed  groups  committed 
massacres  witn  impunity  on  a  monthly  basis.  The  inability  of  Bihar's  authorities  to 
cope  with  caste  violence  was  the  subject  of  emergency  state-  center  consultations  fol- 
lowing the  December  1  massacre  by  the  Ranvir  Sena  in  Lakshmanpur-Bathe  village. 
On  March  23,  10  members  of  a  lower-caste  community  in  Hawaspur  were  killed  by 
alleged  members  of  an  upper-caste  private  army:  on  April  20,  6  upper-caste  villagers 
in  Raghopur  were  killed  by  members  of  a  Naxalite  group,  who  reportedly  stated  that 
their  assault  was  intended  to  avenge  the  March  23  incident.  On  December  1,  Ranvir 
Sena  (a  private  army  of  landlords  and  upper-caste  Hindus)  killed  at  least  63 — and 
perhaps  as  many  as  75 — low-caste  persons  in  Lakshampur  Bathe  village,  in  Bihar, 
apparently  in  retaliation  for  the  deaths  of  six  landlords  who  were  killed  2  months 
earlier  by  Naxalites  in  the  neighboring  village  of  Bathani  Tola.  A  government  com- 
mission is  charged  with  giving  special  attention  to  the  problems  of  the  scheduled 
castes  and  tribes  and  submits  an  annual  report.  In  Tripura  in  January,  36  people 
were  killed  and  200  homes  were  burned  when  tribal  militants  attacked  Bengali  set- 
tlers in  Khowai  district.  In  four  similar  incidents  between  February  12  and  15,  trib- 
al extremists  killed  37  people,  including  8  children,  and  destroyed  66  houses  in 
Khowai  district  and  Jharul-Bachal  village. 

Religious  Minorities. — Controversy  between  Hindus  and  Muslims  continues  with 
regard  to  three  sites  where  mosques  were  built  centuries  ago  on  sites  where  temples 
are  believed  to  have  previously  stood.  The  potential  for  renewed  Hindu-Muslim  vio- 
lence remains  considerable. 

The  Religious  Institutions  (Prevention  of  Misuse)  Act  makes  it  an  offense  to  use 
any  religious  site  for  political  purposes  or  to  use  temples  for  harboring  persons  ac- 
cused or  convicted  of  crimes.  While  specifically  designed  to  deal  with  Sikh  places 
of  worship  in  the  Punjab,  the  law  applies  to  all  religious  sites. 

Fear  of  political  violence  drove  most  Hindus  in  the  Kashmir  Valley  (Pandits)  to 
seek  refuge  in  camps  in  Jammu  or  with  relatives  in  New  Delhi  or  elsewhere.  The 
Pandit  community  criticizes  bleak  conditions  in  the  camps  and  fears  that  a  nego- 
tiated solution  giving  greater  autonomy  to  the  Muslim  majority  might  threaten  its 
own  survival  in  Jammu  and  Kashmir  as  a  culturally  and  historically  distinctive 
group.  On  March  22,  seven  members  of  this  community  were  abducted  from  their 
homes  in  the  Kashmir  valley  and  killed  (see  Section  l.a).  In  his  report  on  his  1996 
visit,  the  U.N.  Special  Rapporteur  for  all  forms  of  Intolerance  and  of  Discrimination 
Based  on  Religion  or  Belief  cited  the  "traumatic  situations"  in  Jammu  and  Kashmir 
and  Punjab,  as  well  as  intercommunal  rioting  in  Mumbai  and  incidents  of  religious 
extremism,  the  Rapporteur  warned  that  the  country's  tradition  of  religious  tolerance 
is  susceptible  to  attack  by  religious  extremists  (see  Section  2.c.).  In  Bmar,  there  was 
evidence  of  a  pattern  of  violence  against  the  Christian  minority.  In  the  last  week 
of  October,  A.  T.  Thomas,  a  Jesuit  priest,  was  beheaded  by  unknown  persons  in 
Hazaribagh  village,  Bihar.  On  September  2,  another  Jesuit  priest,  Christudas,  was 
stripped  and  paraded  naked  in  Dumka  village,  Bihar.  In  looking  into  these  inci- 
dents, the  National  Minorities  Commission  found  police  guilty  of  "gross  dereliction 
of  duty  and  bias"  in  handling  these  cases. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  right  of  associa- 
tion. Workers  may  establish  and  join  unions  of  their  own  choosing  without  prior  au- 
thorization. There  are  five  major  recognized  national  trade  union  centrals,  each  of 
which  is  associated  with,  but  not  necessarily  controlled  by,  a  political  party.  Some 
15  to  20  percent  of  the  approximately  28  million  persons  employed  in  tne  so-called 
"organized  sector,"  that  is,  "all  public  sector  ana  non-agricultural  establishments 
employixig  more  than  10  people,"  according  to  government  definition,  belong  to 
unions.  Tne  vast  majority  of  the  country's  approximately  360  million  workers  are 
employed  in  the  "informal,"  i.e.,  not  the  "organized,"  sector. 


1654 

Trade  unions  often  exercise  the  right  to  strike,  but  public  sector  unions  are  re- 
quired to  give  at  least  16  days'  notice  prior  to  striking.  Some  states  have  laws  re- 
quiring^orkers  in  certain  nonpublic  sector  industries  to  give  prior  strike  notice. 

The  Essential  Services  Maintenance  Act  allows  the  Government  to  ban  strikes 
and  requires  conciliation  or  arbitration  in  specified  essential  industries.  Legal  mech- 
anisms exist  for  challengingthe  assertion  that  a  given  dispute  falls  within  the  scope 
of  this  act.  The  Industrial  Disputes  Act  prohibits  retribution  by  employers  against 
employees  involved  in  legal  strike  actions.  This  prohibition  is  observed  in  practice. 

When  abuses,  such  as  intimidation  or  suppression  of  legitimate  trade  union  activi- 
ties, are  occasionally  perpetrated  against  nationally  organized  or  other  large-scale 
unions  or  unionized  workers,  civil  authorities  generally  respond  by  prosecuting  and 
punishing  those  responsible.  Unaffiliated  unions  of  low  caste  or  tribal  workers  are 
not  always  able  to  secure  for  themselves  the  protections  and  rights  provided  by  law. 
However,  six  men  were  convicted  in  June  on  charges  related  to  the  1991  murder 
of  tribal  union  leader  Shankar  Guha  Niyogi.  The  gunman  was  sentenced  to  death, 
while  industrialist  Chandrakant  Shah  and  four  others  received  life  sentences. 

Unions  are  free  to  affiliate  with  international  trade  union  organizations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  right  to  bargain  collec- 
tively has  existed  for  decades.  The  Trade  Union  Act  prohibits  discrimination  against 
union  members  and  organizers,  and  employers  may  be  penalized  if  they  discrimi- 
nate against  employees  engaged  in  union  activities. 

Collective  bargaining  is  the  normal  means  of  setting  wages  and  settling  disputes 
in  unionized  plants  in  the  organized  industrial  sector.  Trade  unions  vigorously  de- 
fend worker  interests  in  this  process.  Although  a  system  of  specialized  labor  courts 
adjudicates  labor  disputes,  there  are  long  delays  and  a  backlog  of  unresolved  cases. 
When  the  parties  are  unable  to  agree  on  equitable  wages,  the  Government  may  set 
up  boards  of  union,  management,  and  government  representatives  to  determine 
them. 

In  practice  legal  protections  of  worker  rights  are  effective  only  for  the  28  million 
workers  in  the  organized  industrial  sector,  out  of  a  total  work  force  of  more  than 
376  million.  Outside  the  modem  industrial  sector,  laws  are  difficult  to  enforce. 
Union  membership  is  rare  in  this  informal  sector  and  collective  bargaining  does  not 
exist. 

There  are  seven  export  processing  zones  (EPZ's).  Entry  into  the  EPZ's  is  ordi- 
narily limited  to  the  employees.  Such  entry  restrictions  apply  to  union  organizers. 
While  workers  in  the  EyPZ  s  have  the  right  to  organize  and  bargain  collectively, 
union  activity  is  rare.  In  addition  unions,  content  with  their  role  in  public  sector 
enterprises,  have  not  vigorously  pursued  efforts  to  organize  private-sector  employees 
anywnere  in  the  years  since  EPZ's  were  established.  Women  constitute  the  bulk  of 
the  work  force  in  the  EPZ's. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor  is  pro- 
hibited by  both  the  Constitution  and  specific  statute.  Bonded  labor,  as  a  form  of 
compulsory  labor,  is  also  prohibited  by  statute  (the  Bonded  Labor  System  (Abolition) 
Act  of  1976).  Enforcement  of  this  statute,  which  is  the  responsibility  of  state  govern- 
ments, has  not  been  adequate  due  to  lack  of  adequate  resources  available  to  the  gov- 
ernment machinery  and,  to  some  extent,  societal  acceptance.  Estimates  for  the  num- 
ber of  bonded  laborers  range  to  as  high  as  5  million,  an  unknown  number  of  these 
are  children.  Enforcement  of  the  statutory  prohibitions  on  bonded  labor  varies  from 
state  to  state,  but  has  generally  been  inadeauate. 

A  Supreme  Court  decision  defined  forced  labor  as  work  at  less  than  the  minimum 
wage,  which  is  usually  set  by  the  state  governments.  Under  this  definition,  which 
diners  from  that  of  the  International  Labor  Organization  (ILO),  forced  labor  is  wide- 
spread, especially  in  rural  areas. 

Bonded  labor,  the  result  of  a  private  contractual  relationship  whereby  a  worker 
incurs  or  inherits  debts  to  a  contractor  and  then  must  work  on  the  debt  plus  inter- 
est, is  illegal  but  widespread.  The  Government  estimates  that  between  enactment 
of  the  Bonded  Labor  (Regulation  and  Abolition)  Act  in  1979  and  March  31,  1993, 
approximately  251,424  bonded  workers  had  been  released  from  their  obligations. 
Otner  sources  maintain  that  those  released  are  only  one-twentieth  of  the  total  num- 
ber of  bonded  laborers.  State  governments  are  responsible  for  enforcing  the  act.  In 
February  the  Supreme  Court  required  state  governments  to  file  detailed  affidavits 
on  the  status  of  bonded  labor.  Offenders  may  be  sentenced  to  up  to  3  years  in  prison 
but  prosecutions  are  rare.  The  Bonded  Labor  System  (Abolition)  Act  of  1976  pro- 
hibits all  bonded  labor,  by  adults  and  children,  but  the  Government  does  not  enforce 
this  prohibition  effectively. 

The  situation  of  some  domestics  and  some  children  in  the  work  place  amounts  to 
bonded  labor.  Children  sent  from  their  homes  to  work  because  their  parents  cannot 
afford  to  feed  them,  or  in  order  to  pay  ofT  a  debt  incurred  by  a  parent  or  relative. 


1655 

have  little  choice  in  the  matter.  There  are  no  universally  accepted  figures  for  the 
number  of  bonded  child  laborers.  However,  in  the  carpet  industry  alone,  human 
rights  organizations  estimate  that  there  may  be  as  many  as  300,000  children  work- 
ing, many  of  them  under  conditions  that  amount  to  bonded  labor. 

There  were  press  reports  that  prison  officials  used  prisoners  as  domestic  servants, 
and  that  they  sold  female  prisoners  to  brothels  (see  Section  I.e.). 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Article  24 
of  the  Constitution  and  the  Child  Labor  (Prohibition  and  Regulation)  Act  of  1986 
are  the  principal  protections  from  exploitation  of  children  in  the  work  place.  Provi- 
sions for  the  protection  of  children  in  the  work  place  are  also  made  in  the  Beedi 
and  Cigar  Workers  (Condition  of  Employment)  Act  of  1966,  the  Factones  Act  of 
1948,  the  Mines  Act  of  1952,  the  Motor  Transport  Workers  Act  of  1961,  the  Planta- 
tions Labor  Act  of  1951,  and  the  Minimum  Wages  Act  of  1948.  The  Government  pro- 
hibits forced  and  bonded  labor  by  children,  but  does  not  enforce  this  prohibition  ef- 
fectively (see  Section  6.c.). 

The  enforcement  of  child  labor  laws  is  the  responsibility  of  the  state  governments. 
Enforcement  is  inadequate,  especially  in  the  informal  sector  where  most  children 
who  work  are  employed.  The  continuing  prevalence  of  child  labor  may  be  attributed 
to  social  acceptance  of  the  practice  and  the  failure  of  the  state  governments  to  make 
primary  school  education  compulsory. 

Work  by  children  is  completely  barred  in  "hazardous"  industries,"  which  include 
passenger,  goods,  and  mail  transport  by  railway;  carpet  weaving;  cinder  picking, 
cleaning  of  ashpits;  cement  manufacturing;  building  and  construction;  cloth  print- 
ing; dyeing  and  weaving;  manufacturing  of  matches,  explosives,  fireworks;  catering 
within  railway  premises  or  port  limits;  beedi  (cigarette)  making;  mica  cutting  ana 
splitting;  abattoirs;  wool  cleaning;  printing;  cashew  and  cashew  nut  descaling  and 
processing;  and  soldering  processes  in  electronics  industries. 

Industries  which  utilize  child  labor  include  hand-knotted  carpets,  gemstone 
polishing,  brass  and  base  metal  articles,  glass  and  glassware,  footwear,  textiles,  silk, 
and  fireworks. 

In  occupations  and  processes  in  which  child  labor  is  permitted,  work  by  children 
is  permissible  only  for  six  hours  between  8:00  am  and  7:00  pm  with  one  day's  week- 
ly rest. 

Primary  school  education  is  not  compulsory,  free,  and  universal. 

Of  a  primary  school-age  population  (between  the  ages  of  5  and  14)  of  approxi- 
mately 205  million,  about  120  million  children  attend  school.  No  significant  sectors 
or  groups  are  actively  excluded,  but  the  economic  reality  is  that  children  of  more 
weli-to-ao  families  are  more  likely  to  attend  school  than  those  of  poor  families.  Ac- 
cording to  a  UNDP  study  conducted  in  1993  the  drop-out  rate  from  primary  school 
was  34  percent. 

Estimates  of  the  number  of  child  laborers  range  widely.  The  Government  esti- 
mates that  there  were  17.5  million  child  workers  in  1985.  The  ILO  estimates  the 
number  at  44  million,  while  NGO's  claim  that  the  figure  is  55  million.  Interpolation 
of  census  figures  by  the  National  Labor  Institute  indicates  that  of  a  total  of  203  mil- 
lion children  between  the  ages  of  5  and  14,  116  million  are  in  school,  12.6  million 
are  in  full  time  employment,  and  the  status  of  74  million  is  unknown.  Most,  if  not 
all,  of  the  87  million  children  not  in  school  do  housework,  work  on  family  farms, 
work  alongside  their  parents  as  paid  agricultural  labor,  work  as  domestic  servants, 
or  are  otherwise  employed. 

The  United  Front  Government  has  continued  its  predecessors'  comprehensive  plan 
to  eliminate  child  labor  from  hazardous  industries  by  the  year  2000,  and  from  all 
industries  by  2010.  This  program,  for  which  approximately  $260  million  has  been 
budgeted,  includes  enhanced  enforcement  of  child  labor  laws,  income  supplements 
for  families,  subsidized  school  lunches  in  areas  where  child  labor  is  concentrated, 
and  a  public  awareness  campaign.  Recognizing  a  need  to  ensure  that  primary  edu- 
cation 18  made  universal  and  compulsory  by  state  governments,  the  Government  has 
committed  itself  to  making  primary  education  a  fundamental  constitutional  right, 
not  merely  a  directive  principle.  About  59  percent  of  school-age  children  go  to  school. 
It  has  also  pledged  to  raise  educational  expenditures  to  6  percent  of  the  budget  and 
to  spend  at  least  50  percent  of  this  amount  on  primary  education.  The  actual  per- 
centage of  the  union  budget  spent  on  education  is  approximately  2.0  percent.  The 
state  governments  also  spend  on  education,  but  no  comprehensive  figure  of  com- 
bined union-state  expenditure  is  available.  A  1993  study  commissioned  by  the 
UNDP  estimated  that  India  as  a  whole  (states  and  union  government)  devoted 
about  3.7  percent  of  GNP  to  education.  The  NHRC,  continuing  its  own  child  labor 
agenda,  organized  NGO  programs  to  provide  special  schooling,  rehabilitation,  and 
family  income  supplements  for  children  in  the  glass  industry  in  Firozabad.  The 
NHRC  also  intervened  in  individual  cases.  A  December  10,  1996  Supreme  Court  de- 


1656 

cision  imposed  a  penalty  of  about  $570  (20,000  rupees)  on  persons  employing  chil- 
dren in  hazardous  industries  and  stipulated  that  parents  or  guardians  of  children 
receive  an  income  supplement  payment  from  a  fund  created  with  this  money,  on 
condition  that  the  children  removed  from  employment  attend  school.  A  survey  of 
chUd  labor  throughout  the  country  ordered  by  the  Supreme  Court  in  this  judgment 
was  completed  during  the  year  and  documented  the  existence  of  some  150,000  wage- 
earning  child  laborers.  However,  this  number  understates  the  true  dimension  of  9ie 
problem. 

e.  Acceptable  Conditions  of  Work. — The  directive  principles  of  the  Constitution  de- 
clare that  "the  State  shall  endeavor  to  secure  ...  to  all  workers  ...  a  living  wage, 
conditions  of  work  ensuring  a  decent  standard  of  life  and  full  enjoyment  of  leisure 
and  social  and  cultural  opportunities."  Laws  set  minimum  wages,  hours  of  work, 
and  safety  and  health  standards.  Laws  governing  minimum  wages  and  hours  of 
work  are  generally  observed  in  industries  subject  to  the  Factories  Act  but  are  large- 
ly unenforced  elsewhere  and  do  not  ensure  acceptable  conditions  of  work  for  the 
nine-tenths  of  the  work  force  not  subject  to  the  Factories  Act.  Enforcement  of  safety 
and  health  standards  is  lax. 

Minimum  wages  vary  according  to  the  state  and  sector  of  industry.  Such  wages 
are  considered  adequate  only  for  a  minimal  standard  of  living.  Most  workers  em- 
ployed in  units  subject  to  the  Factories  Act  receive  much  more  than  the  minimum 
wage,  including  mandated  bonuses  and  other  benefits.  The  state  governments  set 
a  separate  minimum  wage  for  agricultural  workers  but  do  not  enforce  it  well. 

The  Factories  Act  establishes  an  8-hour  workday,  a  48-hour  workweek,  and  var- 
ious standards  for  working  conditions.  These  standards  are  generally  enforced  and 
accepted  in  the  modem  industrial  sector,  but  tend  not  to  be  observed  in  older  and 
less  economically  robust  industries.  State  governments  are  responsible  for  enforce- 
ment of  the  Factories  Act.  However,  the  large  number  of  industries  covered  by  a 
small  cadre  of  factory  inspectors  and  their  limited  training  and  susceptibility  to 
bribery  result  in  lax  enforcement. 

Although  occupational  safety  and  health  measures  vary  widely,  in  general  neither 
state  nor  central  government  resources  for  inspection  and  enforcement  of  standards 
are  adequate.  Safety  conditions  tend  to  be  better  in  the  EPZ's.  The  law  does  not  pro- 
vide workers  with  the  right  to  remove  themselves  from  work  situations  that  endan- 
ger health  and  safety  without  jeopardizing  their  continued  employment. 


MALDIVES 

The  Republic  of  Maldives  comprises  1,190  islands  scattered  across  an  area  500 
miles  long  by  75  miles  wide  in  the  Indian  Ocean.  The  population  is  about  245,000 
persons.  The  Maldives  has  a  parliamentary  form  of  government  with  a  very  strong 
executive.  The  President  appoints  the  Cabinet,  menribers  of  the  judiciary,  and  one- 
sixth  of  the  Parliament.  Tne  President  derives  additional  influence  from  his  con- 
stitutional role  as  the  protector  of  Islam.  Political  parties  are  officially  discouraged, 
and  candidates  for  the  unicameral  legislature,  the  Citizens'  Majlis,  run  as  individ- 
uals. The  Majlis  selects  a  single  presidential  nominee  who  is  approved  or  rejected 
in  a  national  referendum.  The  Majlis  must  approve  all  legislation  and  can  enact  leg- 
islation without  presidential  approval.  Civil  law  is  subordinate  to  Islamic  law,  but 
civil  law  is  generally  applied  in  criminal  and  civil  cases.  The  judiciary  is  subject  to 
executive  influence. 

The  National  Security  Service  (NSS)  performs  its  duties  under  effective  civilian 
control.  The  NSS  includes  the  armed  forces  and  police,  and  its  members  serve  in 
both  police  and  military  capacities  during  their  careers.  The  police  division  inves- 
tigates crimes,  collects  intelligence,  makes  arrests,  and  enforces  house  arrest. 

Fishing,  small-scale  agncmture,  and  tourism  provide  employment  for  over  one- 
half  the  work  force.  Tourism  accounts  for  over  one-quarter  of  government  revenues 
and  rou^ly  40  per  cent  of  foreign  exchange  receipts.  Manufacturing  accounts  for 
6  percent  of  Gross  Domestic  Product  (GDP). 

The  Government  restricts  human  rights  in  several  areas.  The  Majlis  assumed  a 
more  active  political  role  and  its  menibers  routinely  differ  with  government  policy 
on  many  issues.  However,  the  President's  power  to  appoint  a  significant  portion  of 
the  Parliament  still  constrains  citizens'  ability  to  change  their  government.  An  eas- 
ing of  government  restrictions  and  the  Press  Council's  balanced  handling  of  issues 
related  to  journalistic  standards  allowed  a  greater  diversity  of  views  in  tne  media. 
Nevertheless,  a  journalist  was  convicted  in  1996  for  comments  in  an  article  about 
the  1994  general  elections.  In  addition,  the  Government  banned  a  book  in  Septem- 
ber because  it  contained  derogatory  comments  about  a  previous  president.  The  Gov- 


1657 

emment  limits  freedom  of  assembly  and  association.  There  are  significant  restric- 
tions on  the  freedom  of  religion,  and  women  face  a  variety  of  legal  and  social  dis- 
advantages. Some  of  these  restrictions  are  linked  to  the  Government's  observance 
of  Sharif  (Islamic  law)  and  other  Islamic  customs.  The  Government  restricts  worker 
rights.  Nonetheless,  there  was  some  progress  in  certain  areas,  as  the  courts  were 
reorganized,  and  constitutional  reforms  were  finalized. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — There  were  no  reports  of  pohtical  or 
other  extrajudicial  killings. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
There  were  no  reports  of  beatings  or  other  mistreatment  of  persons  in  police  cus- 
tody. Convicted  criminals  may  be  flogged  under  judicial  supervision  when  this  pun- 
ishment is  prescribed  by  Islamic  law  (i.e.,  only  when  the  criminal  confesses  to  the 
crime  and  only  for  the  offenses  of  marital  infidelity  and  alcohol  abuse).  There  were, 
however,  no  public  floggings  in  1997.  Punishments  are  usually  confined  to  fines, 
compensatory  payment,  house  arrest,  imprisonment,  or  banishment  to  a  remote 
atoll.  The  Government  generally  permits  those  who  are  banished  to  receive  visits 
by  family  members. 

Prison  conditions,  including  food  and  prisoner  housing,  are  adequate.  Prisoners 
are  allowed  to  work  in  prison  and  given  the  opportunity  for  regular  exercise  and 
recreation.  Spouses  are  allowed  privacy  during  visits  with  incarcerated  partners. 

The  Government  has  permitted  prison  visits  by  foreign  diplomats. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  states  that  no  person 
shall  be  apprehended,  except  on  a  verdict  specified  by  Shari'a  or  civil  law.  Police 
initiate  investigations  based  on  suspicion  of  criminal  activity  or  in  response  to  writ- 
ten complaints  from  citizens,  police  ofTicers,  or  government  officials.  They  are  not 
required  to  obtain  warrants  for  arrests.  Based  on  the  results  of  police  investigations, 
the  Attorney  General  refers  cases  to  the  appropriate  court.  The  authorities  generally 
keep  the  details  of  a  case  confidential  until  they  are  confident  that  the  charges  will 
be  upheld. 

Depending  on  the  charges,  a  suspect  may  remain  free,  detained  in  prison,  or 
under  house  arrest  for  15  days  during  investigations.  The  President  may  extend  pre- 
trial detention  for  an  additional  30  days,  but  in  most  cases  the  suspect  is  released 
if  not  brought  to  trial  within  15  days.  Those  who  are  released  pending  trial  may 
not  leave  a  specific  atoll.  The  law,  however,  permits  indefinite  detention  without 
charge  while  an  investigation  continues  for  suspects  accused  of  drug  abuse,  terror- 
ism, or  attempted  overthrow  of  the  (}ovemment.  A  small  number  of  people  were  de- 
tained for  investigation.  There  is  no  right  to  legal  counsel  during  police  interroga- 
tion. There  is  no  provision  for  bail. 

TTie  Government  may  prohibit  access  to  a  telephone  and  non-family  visits  to  those 
under  house  arrest.  While  there  have  been  no  reported  cases  of  incommunicado  de- 
tention in  recent  years,  the  law  does  not  provide  safeguards  against  this  abuse. 

The  (jovemment  detained  three  individuals  in  April  1995  who  remained  under 
house  arrest  without  charge  until  October  1995,  when  their  detention  was  lifted.  No 
charges  were  brought  against  them.  The  Government  has  offered  no  reasons  for 
their  detention.  It  is  widely  believed,  however,  that  their  detention  was  the  result 
of  political  differences  with  the  (}overnment  rather  than  due  to  any  threat  that  the 
men — all  of  whom  are  elderly  and  well  known  figures — pose  to  national  security. 

There  were  no  reports  of  external  exile.  However,  the  Government  sometimes  ban- 
ishes convicted  criminals  to  inhabited  atolls  away  from  their  home  communities. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  does  not  provide  for  an  inde- 
pendent judiciary.  The  judiciary  is  subject  to  executive  influence.  In  addition  to  his 
authority  to  review  High  Court  decisions,  the  President  influences  the  judiciary 
through  his  power  to  appoint  and  dismiss  judges,  all  of  whom  serve  at  his  pleasure 
and  are  not  subject  to  confirmation  by  the  Majlis.  The  President  has  nevertheless 
removed  only  two  judges  since  1987.  Both  dismissals  followed  the  recommendation 
of  the  Justice  Ministry  which  found  the  judges'  professional  qualifications  to  be 
below  standard.  The  President  may  also  grant  pardons  and  amnesties. 

In  September  the  court  system,  under  the  Ministry  of  Justice,  was  reorganized 
and  court  administration  has  improved.  There  are  three  courts:  one  for  civil  mat- 
ters; one  for  criminal  cases;  and  one  for  family  and  juvenile  issues.  A  principal  judge 
for  each  court  is  appointed  by  the  President  on  the  recommendation  of  the  Ministry 
of  Justice.  There  is  also  a  High  Court  on  Male',  which  is  independent  of  the  Justice 
Ministry  and  which  handles  a  wide  range  of  cases,  including  politically  sensitive 


1658 

ones,  and  acts  as  a  court  of  appeals.  Under  a  1995  presidential  decree,  High  Court 
rulings  can  be  reviewed  by  a  5-member  advisory  council  appointed  by  the  President. 
The  President  also  has  authority  to  afYirm  judgments  of  the  High  Court,  order  a  sec- 
ond hearing,  or  overturn  the  Court's  decision.  In  addition  to  the  Male'  courts,  there 
are  204  general  courts  on  the  islands. 

There  are  no  jury  trials.  Most  trials  are  public  and  are  conducted  by  judges  and 
magistrates  trained  in  Islamic,  civil,  and  criminal  law.  Cases  on  outer  islands  are 
usually  adjudicated  by  magistrates,  but  when  more  complex  legal  questions  are  in- 
volved, the  Justice  Ministry  will  send  more  experienced  judges  to  handle  the  case. 

During  a  trial,  the  accused  may  defend  himself,  call  witnesses,  and  be  assisted 
by  a  lawyer.  Courts  do  not  provide  lawyers  to  indigent  defendants.  Judges  question 
the  concerned  parties  and  attempt  to  establish  the  facts  of  a  case. 

Civil  law  is  subordinate  to  Islamic  law,  or  Shari'a.  Shari'a  is  applied  in  situations 
not  covered  by  civil  law  as  well  as  in  certain  acts  such  as  divorce  and  adultery. 
Courts  adjudicating  matrimonial  and  criminal  cases  generally  do  not  allow  legal 
counsel  in  court  because,  according  to  a  local  interpretation  of  Shari'a,  all  answers 
and  submissions  should  come  directly  from  the  parties  involved.  However,  the  High 
Court  allows  legal  counsel  in  all  cases,  including  those  in  which  the  right  to  counsel 
was  denied  in  tne  lower  court.  Under  Islamic  practice,  the  testimony  of  two  women 
is  required  to  equal  that  of  one  man  in  matters  involving  finance  and  inheritance. 
In  other  cases,  the  testimony  of  men  and  women  are  equal. 

Dyas  Ibrahim,  the  President's  chief  rival  for  the  1993  presidential  nomination, 
had  been  tried  in  his  absence  in  1994  and  sentenced  to  15  years'  banishment  on 
the  charge  of  illegally  attempting  to  become  President  and  to  6  months'  banishment 
for  violating  his  oath  as  minister.  Ilyas  returned  from  his  self-imposed  foreign  exile 
in  April  1996  and  was  placed  under  house  arrest  for  several  months.  He  has  since 
been  pardoned  by  the  President  and  there  are  no  restrictions  on  his  political  rights. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — ^The 
Constitution  prohibits  security  officials  from  of)ening  or  reading  letters,  telegrams, 
and  wireless  messages  or  monitoring  telephone  conversations,  "except  in  accordance 
with  the  sf>ecific  provisions  of  the  law."  The  NSS  may  open  the  mail  of  private  citi- 
zens and  monitor  telephone  conversations  if  authorized  in  the  course  oi  a  criminal 
investigation. 

Although  the  Constitution  requires  the  authorities  to  respect  private  premises  and 
dwellings,  there  is  no  legal  requirement  for  search  or  arrest  warrants.  The  Attorney 
General  or  a  commanding  olHcer  of  the  police  must  approve  the  search  of  private 
residences. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Law  No.  4/68  of  1968  prohibits  public  state- 
ments that  are  contrary  to  Islam,  threaten  the  public  order,  or  are  libelous.  In  April 
1996,  a  journalist  was  sentenced  under  this  law  to  2  years'  imprisonment  for  com- 
ments made  about  the  1994  general  elections  in  an  article  published  in  the  Phil- 
ippines. On  appeal  the  High  Court  reduced  his  sentence  to  6  months.  The  journalist 
was  pardoned  by  the  President  at  the  beginning  of  1997. 

The  Penal  Code  prohibits  inciting  the  people  against  the  Government.  However, 
a  1990  amendment  to  the  Penal  Code  decriminalized  "any  true  account  of  any  act 
of  commission  or  omission  past  or  present  by  the  Government  in  a  lawfully  reg- 
istered newspaper  or  magazine,  so  as  to  reveal  dissatisfaction  or  to  effect  its  re- 
form." 

The  Press  Council  established  by  the  Government  in  December  1993  is  composed 
of  official  government  and  private  media  representatives,  lawyers,  and  government 
officials.  The  Council  reviews  charges  of  journalist  misconduct  (advising  the  Min- 
istry of  Information,  Arts,  and  Culture  on  measures  to  be  taken  against  reporters, 
when  appropriate)  and  promotes  the  professional  standards  within  the  media  (rec- 
ommending reforms  and  making  suggestions  for  improvement).  The  Council  met 
regularly  and  private  ioumalists  were  satisfied  with  its  objectivity  and  performance. 
Regulations  that  made  publishers  responsible  for  the  content  of  the  material  they 
published  remained  in  effect,  but  did  not  result  in  any  legal  actions  against  publish- 
ers. The  Government  agreed  that  private  journalists,  rather  than  the  Government, 
should  take  responsibility  for  preparation  of  a  journalistic  code  of  ethics.  Individual 
newspapers  and  ioumals  established  their  own  ethical  guidelines  in  many  cases. 
The  Government  has  not  amended  regulations  that  make  publishers  responsible  for 
the  content  of  the  material  they  publish,  despite  reports  in  1994  that  the  regulations 
were  under  review  and  a  change  was  likely. 

There  were  no  reports  of  government  censorship  of  the  electronic  media,  nor  were 
there  closures  of  any  publications  or  reports  of  intimidation  of  journalists.  The  Gov- 


1659 

emment  banned  a  book  written  by  an  elderly  close  relative  of  the  President  for  its 
derogatory  comments  about  a  deceased  previous  president,  after  the  relatives  of  the 
latter  complained.  No  journalists  were  arrested  in  1997.  The  Government  discon- 
tinued its  practice  of  providing  reporting  guidelines  to  the  media  in  1994. 

Television  news  and  public  affairs  programming  routinely  discussed  topics  of  cur- 
rent concern  and  freely  criticized  government  performance.  Regular  press  con- 
ferences instituted  with  government  ministers  in  1995  continued.  Journalists  are 
more  self-confident  than  in  the  past;  self-censorship  appears  to  have  diminished,  al- 
though it  remains  a  problem.  Since  it  is  not  clear  when  criticism  violates  Law  4/ 
68,  journalists  and  publishers  continue  to  watch  what  they  say,  particularly  on  po- 
litical topics,  to  avoid  entanglement  with  the  Government. 

The  Government  owns  and  operates  the  only  television  and  radio  station.  It  does 
not  interfere  with  foreign  broadcasts  or  the  sale  of  satellite  receivers.  Reports  drawn 
from  foreign  newscasts  are  aired  on  the  Government  television  station. 

Cable  News  Network  is  shown,  uncensored,  daily  on  local  television.  In  October 
1996,  a  company  began  providing  Internet  services.  The  Government  enacted  no 
regulations  governing  Internet  access  but  does  seek  to  block  distribution  of  porno- 
graphic material  via  Internet. 

Ninety-one  newspapers  and  periodicals  are  registered  with  the  Government. 
Aafathis,  a  morning  daily,  is  published  by  the  brother  of  the  President's  principal 
political  rival,  Ilyas  Ibrahim,  and  is  often  critical  of  government  policy.  Another 
daily,  Miadhu,  began  publishing  in  October  1996  and  Haveeru  is  the  evening  daily. 
Both  Miadhu's  and  Haveeru's  publishers  are  progovemment. 

There  are  no  legal  prohibitions  on  the  import  of  foreign  publications  except  those 
containing  pornography  or  material  otherwise  deemed  objectionable  to  Islamic  val- 
ues. No  seizures  of  foreign  publications  were  reported  during  the  year.  There  are 
no  reported  restrictions  on  academic  freedom,  nor  any  governmental  censorship  or 
control  over  classroom  materials.  Some  teachers  are  reportedly  vocal  in  their  criti- 
cism of  the  Government. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
the  right  to  assembly,  as  long  as  the  law  or  the  Islamic  code  of  behavior  are  upheld. 
The  Home  Ministry  permits  public  political  meetings  during  electoral  campaigns  but 
limits  them  to  small  gatherings  on  private  premises. 

The  Government  registers  clubs  and  other  private  associations  if  they  do  not  con- 
travene Islamic  or  civil  law.  While  not  forbidden  by  law,  political  parties  are  ofTi- 
cially  discouraged  by  the  President  on  the  grounds  that  they  are  inappropriate  to 
the  homogeneous  nature  of  society.  However,  many  Majlis  members  were  active  and 
outspoken  critics  of  the  Government  and  have  stimulated  closer  parliamentary  ex- 
amination of  government  policy. 

c.  Freedom  of  Religion. — Freedom  of  religion  is  significantly  restricted.  The  Con- 
stitution designates  Islam  as  the  ofiicial  religion  and  requires  all  citizens  to  be  Mus- 
lims. The  practice  of  any  religion  other  than  Islam  is  prohibited  by  law.  However, 
foreign  residents  are  allowed  to  practice  their  religion  if  they  do  so  privately. 

There  are  no  places  of  worship  for  adherents  of  other  religions.  The  Government 
prohibits  the  importation  of  icons  and  religious  statues.  It  also  prohibits  non-Muslim 
clergy  and  missionaries  from  proselytizing  and  conducting  public  worship  services. 
Conversion  of  a  Muslim  to  another  faith  is  a  violation  of  Shari'a  and  may  result  in 
a  loss  of  the  convert's  citizenship,  although  law  enforcement  authorities  say  this  pro- 
vision has  never  been  applied. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Citizens  are  free  to  travel  at  home  and  abroad,  emigrate,  and  return. 
Because  of  overcrowding,  the  Government  discourages  migration  into  the  capital  is- 
land of  Male'  or  its  surrounding  atoll.  Foreign  workers  are  often  kept  at  their  work 
sites.  Their  ability  to  travel  freely  is  restricted,  and  they  are  not  allowed  to  mingle 
with  the  local  population  on  the  islands.  The  issue  of  the  provision  of  first  asylum 
did  not  arise  in  1997.  The  Government  has  not  formulated  a  policy  regarding  first 
asylum.  There  were  no  reports  of  forced  expulsion  of  those  having  a  valid  claim  to 
refugee  status. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 
Citizens'  ability  to  change  their  government  is  constrained,  as  a  strong  executive 
exerts  significant  influence  over  both  the  legislature  and  the  judiciary.  The  Majlis 
chooses  a  single  presidential  nominee  who  must  be  a  Sunni  Muslim  male.  The  can- 
didate is  not  permitted  to  campaign  for  the  nomination  and  is  confirmed  or  rejected 
by  secret  ballot  in  a  nationwide  referendum.  In  1993  President  Gayoom  was  re- 
elected to  a  fourth  5-year  term. 


1660 

The  elected  members  of  the  Majlis  serve  5-year  terms.  All  citizens  over  21  years 
of  age  may  vote.  Of  the  body's  48  members,  40  are  elected — 2  from  each  of  the  19 
inhabited  atolls  and  2  from  Male' — and  the  President  appoints  8  members.  Individ- 
uals or  groups  are  free  to  approach  members  of  the  Majlis  with  grievances  or  opin- 
ions on  proposed  legislation,  and  any  member  may  introduce  legislation.  There  are 
no  political  parties,  which  are  officially  discouraged. 

The  Office  of  the  President  is  the  most  powerful  political  institution.  The  Con- 
stitution gives  Islamic  law  preeminence  over  civil  law  and  designates  the  President 
as  the  protector  of  Islam.  The  President's  authority  to  appomt  one-sixth  of  the 
Majlis  members,  which  is  one-third  of  the  total  needed  for  nominating  the  Presi- 
dent, provides  the  President  with  a  power  base  and  strong  political  leverage. 

Relations  between  the  Government  and  Majlis  have  been  constructive.  The  Gov- 
ernment may  introduce  legislation,  but  may  not  enact  a  bill  into  law  without  the 
Majlis'  approval.  However,  the  Majlis  may  enact  legislation  into  law  without  presi- 
dential assent  if  the  President  fails  to  act  on  the  proposal  within  30  days  or  if  a 
bill  is  repassed  with  a  two-thirds  majority.  In  recent  years,  the  Majlis  has  become 
increasingly  independent,  challenging  government  policies  and  rejecting  government 
proposed  legisl  ation . 

In  1993  the  Majlis  introduced  a  question  time  in  which  members  may  question 
government  ministers  about  public  policy.  Debate  on  the  floor  has  since  become  in- 
creasingly sharp  and  more  open.  The  fast  Majlis  election  was  held  in  December 
1995.  According  to  South  Asian  Association  for  Regional  Cooperation  observers,  the 
elections  were  generally  free  and  fair.  Irregularities  were  observed  and  repoUing  re- 
quired in  one  of  29  constituencies.  Over  200  candidates  campaigned  freely  for  40 
seats. 

Since  1980  the  Government,  with  the  participation  of  the  citizen's  special  Majlis, 
conducted  a  review  of  the  1968  Constitution  to  revise  and  modernize  it.  Many  of  the 
draft  proposals  would  strengthen  civil  and  political  rights  and  restrict  the  power  of 
the  Government.  The  new  Constitution  was  approved  and  ratified  in  November  and 
was  to  go  into  effect  on  January  1,  1998. 

Women  are  not  eligible  to  become  president  but  may  hold  other  government  posts. 
For  reasons  of  tradition  and  culture,  few  women  seek  or  are  selected  for  public  of- 
fice. Three  women  served  in  the  Majlis  and  one  in  the  Cabinet. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
Although  not  prohibited,  there  are  no  active  local  human  rights  groups.  The  Gov- 
ernment has  been  responsive  to  at  least  one  foreign  government's  interest  in  exam- 
ining human  rights  issues.  The  Government  also  facilitated  the  visit  of  a  team  of 
Soutn  Asian  Association  for  Regional  Cooperation  election  observers  in  1994. 

Section  5.  Discrimitiation  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  declares  all  citizens  equal  before  the  law,  but  there  is  no  specific 
provisions  to  prohibit  discrimination  based  on  these  factors.  Women  have  tradition- 
ally been  disadvantaged,  particularly  in  terms  of  education  and  the  application  of 
Islamic  law  to  matters  such  as  divorce,  inheritance,  and  testimony  in  legal  proceed- 
ings. 

Women. — There  are  no  firm  data  on  the  extent  of  violence  against  women  because 
of  the  value  attached  to  privacy  in  this  conservative  society.  The  Government  has 
commissioned  a  study  from  a  local  NGO  on  domestic  violence,  but  the  results  were 
not  available  by  year's  end.  Police  officials  report  that  they  receive  few  complaints 
of  assaults  against  women.  Women's  rights  advocates  agree  that  wife  beating  and 
other  forms  of  violence  are  not  widespread.  Rape  and  other  violent  crimes  against 
women  are  rare.  None  were  reported  or  prosecuted  in  1997. 

Women  traditionally  have  played  a  subordinate  role  in  society,  although  they  now 
participate  in  public  life  in  growing  numbers  and  gradually  are  participating  at 
higher  levels.  Well-educated  women  maintain  that  cultural  norms,  not  the  law,  in- 
hibit women's  education  and  career  choices.  In  many  instances,  education  for  girls 
is  curtailed  after  the  seventh  grade,  largely  because  parents  do  not  allow  girls  to 
leave  their  home  island  for  one  having  a  secondary  scnool.  Due  largely  to  orthodox 
Islamic  training,  there  is  a  strong  strain  of  conservative  sentiment — especially 
among  small  businessmen  and  residents  of  the  outer  islands — which  opposes  an  ac- 
tive role  for  women  outside  the  home.  The  Government  has  undertaken  legal  lit- 
eracy programs  to  make  women  aware  of  their  legal  rights. 

Under  Islamic  practice,  husbands  may  divorce  their  wives  more  easily  than  vice 
versa,  absent  any  mutual  agreement  to  divorce.  Islamic  law  also  governs  inherit- 
ance, granting  male  heirs  twice  the  share  of  female  heirs.  A  woman's  testimony  is 


1661 

equal  to  only  one-half  of  that  of  a  man  in  matters  involving  finance  and  inheritance 
(see  Section  I.e.).  Women  who  work  for  wages  receive  pay  equal  to  that  of  men  in 
the  same  positions.  About  10  per  cent  of  uniformed  NSS  personnel  are  women. 

Children. — The  Government  does  not  have  a  program  of  compulsory  education. 
The  percentage  of  school-age  children  actually  in  school  is  as  follows:  (grades  1—5) 
99.26  percent,  (grades  6-7)  96.2  percent,  and  grades  (8-10)  51.09  percent.  Of  the 
students  enrolled  49.27  percent  are  female  and  50.73  percent  are  male.  The  Govern- 
ment is  committed  to  protection  of  children's  rights  and  welfare.  Government  policy 
provides  for  equal  access  to  educational  and  health  programs  for  both  male  and  fe- 
male children.  Laws  protecting  children's  rights  apply  with  equal  force  to  children 
of  either  sex. 

Children's  rights  are  incorporated  into  law,  which  specifically  protects  children 
from  both  physical  and  psychological  abuse,  including  aouse  at  the  hands  of  teach- 
ers or  parents.  The  Ministry  of  Women's  Affairs  and  Social  Welfare  has  the  author- 
ity to  enforce  this  law,  takes  its  responsibility  seriously,  and  has  received  strong 
popular  support  for  its  efforts.  The  (jovemment  is  reviewing  this  law  to  see  if  im- 
provements and  additional  protections  are  necessary.  There  is  no  reported  societal 
pattern  of  abuse  directed  against  children. 

People  With  Disabilities. — There  is  no  law  that  specifically  addresses  the  rights 
of  the  physically  or  mentally  disabled.  However,  the  (jovemment  has  establisned 
programs  and  provided  services  for  the  disabled.  There  is  no  legislated  or  mandated 
accessibility  for  the  disabled. 

Persons  with  disabilities  are  usually  cared  for  by  their  families.  When  such  care 
is  unavailable,  they  are  kept  in  the  Institute  for  Needy  People.  The  (government 
provides  free  medication  for  all  mentally  ill  persons  in  the  islands,  and  mobile  teams 
regularly  visit  mentally  ill  patients. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — While  the  (government  does  not  expressly  prohibit 
unions,  it  recognizes  neither  the  right  to  form  them  nor  the  right  to  strike.  There 
were  no  reports  of  efforts  to  form  unions  during  the  year. 

The  work  force  consists  of  approximately  60,000  persons,  about  20  percent  of 
whom  are  employed  in  fishing.  About  23,000  foreigners  work  in  Maldives,  many  in 
tourist  hotels,  factories,  or  on  construction  projects.  The  great  maiority  of  workers 
are  employed  outside  the  wage  sector.  The  (Government  estimates  that  the  manufac- 
turing sector  employs  about  15  percent  of  the  labor  force  and  tourism  another  10 
percent. 

Workers  can  afliliate  with  international  labor  federations. 

In  1995  the  U.S.  (Government  suspended  Maldives'  eligibility  for  tariff  preferences 
under  the  U.S.  Generalized  System  of  Preferences  because  the  Government  failed 
to  take  steps  to  afford  internationally  recognized  worker  rights  to  Maldivian  work- 
ers. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  neither  prohibits  nor 
protects  workers'  rights  to  organize  and  bargain  collectively.  Wages  in  the  private 
sector  are  set  by  contract  between  employers  and  employees  and  are  usually  based 
on  the  rates  for  similar  work  in  the  public  sector.  There  are  no  laws  specifically  pro- 
hibiting antiunion  discrimination  by  employers  against  union  members  or  organiz- 
ers. The  (Government  has  exerted  pressure  in  the  past  to  discourage  seamen  from 
joining  foreign  seamen's  unions  as  a  means  to  secure  higher  wages.  There  have  been 
no  reported  complaints  alleging  such  discrimination  or  claiming  government  inter- 
ference with  workers'  attempts  to  join  unions  in  the  past  4  years. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor  is  not 
prohibited  by  law.  However,  there  were  no  reports  that  it  is  practiced.  The  Govern- 
ment does  not  specifically  prohibit  forced  and  bonded  labor  by  children,  but  such 
practices  are  not  Known  to  occur. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — There  is 
no  compulsory  education  law,  but  more  than  96  percent  of  school-age  children  to 
grade  7  are  enrolled  in  school.  A  1992  law  bars  children  under  14  years  of  age  from 
"places  of  waged  works  and  from  work  that  is  not  suitable  for  that  child's  age, 
health,  or  physical  ability  or  that  might  obstruct  the  education  or  adversely  affect 
the  mentality  or  behavior  of  the  child.  An  earlier  law  prohibits  government  employ- 
ment of  children  under  the  age  of  16.  There  are  no  reports  of  children  being  em- 
ployed in  the  small  industrial  sector,  although  children  work  in  family  fishing,  agri- 
cultural, and  commercial  activities.  The  hours  of  work  of  young  workers  are  not  spe- 
cifically limited  by  statute.  The  (Government  does  not  specifically  prohibit  forced  and 
bonded  labor  by  children,  but  such  practices  are  not  known  to  occur  (see  Section 
B.C.).  A  Children's  Unit  in  the  Ministry  of  Women's  Affairs  and  Social  Welfare  is  re- 


1662 

sponsible  for  monitoring  compliance  with  the  child  labor  regulations.  It  relies  upon 
complaints  filed  with  it  rather  than  initiating  its  own  inspections  to  ensure  compli- 
ance. As  a  result,  oversight  is  incomplete. 

e.  Acceptable  Conditions  of  Work. — In  1994  the  Government  promulgated  its  first 
set  of  regulations  for  employer-employee  relations.  The  regulations  specify  the  terms 
that  must  be  incorporated  into  employment  contracts  and  address  such  issues  as 
training,  work  hours,  safety,  remuneration,  leave,  fines,  termination,  etc.  There  is 
no  national  minimum  wage  for  the  private  sector,  although  the  Grovernment  has  es- 
tablished wage  floors  for  certain  kinds  of  work.  Given  the  severe  shortage  of  labor, 
employers  must  offer  competitive  pay  and  conditions  to  attract  skilled  woncers. 

There  are  no  statutory  provisions  for  hours  of  work,  but  the  regulations  require 
that  a  work  contact  specify  the  normal  work  and  overtime  hours  on  a  weekly  or 
monthly  basis.  In  the  public  sector,  a  7-hour  day  and  a  5-day  workweek  have  been 
established  through  administrative  circulars  from  the  President's  office.  Overtime 
pay  in  the  public  sector  was  instituted  in  1990.  Employees  are  authorized  20  da^s 
of  annual  leave,  30  days  of  medical  leave,  maternity  leave  of  45  days,  and  special 
annual  leave  of  10  days  for  extraordinary  circumstances.  There  are  no  laws  govern- 
ing health  and  safety  conditions.  However,  there  are  regulatory  requirements  that 
employers  provide  a  safe  working  environment  and  ensure  the  observance  of  safety 
measures.  It  is  unclear,  however,  whether  workers  can  remove  themselves  from  un- 
safe working  conditions  without  risking  the  loss  of  their  jobs. 

In  1997  the  Government  for  the  first  time  worked  closely  with  the  International 
Labor  Organization  (ILO)  to  address  a  number  of  labor  issues,  including  the  right 
of  association,  the  right  to  organize,  and  acceptable  conditions  of  work. 


NEPAL 


Nepal  is  a  constitutional  monarchy  with  a  parliamentary  form  of  government.  In 
1990  the  King,  formerly  an  absolute  monarch,  legalized  political  parties  after  which 
an  interim  government  promulgated  a  new  constitution.  The  King  retains  important 
residual  powers,  but  has  dissociated  himself  from  direct  day-to-day  government  ac- 
tivities. The  democratically  elected  Parliament  consists  of  the  House  of  Representa- 
tives (lower  house)  and  the  National  Council  (upper  house).  Since  1990,  Nepal  has 
held  four  national  elections,  two  for  the  Parliament  and  two  nationwide  elections 
for  local  government  offices.  International  observers  considered  these  elections  to  be 

fenerally  free  and  fair.  In  February  1996,  the  leaders  of  the  Maoist  United  People's 
ront  (UPF)  launched  a  'Teople's  War"  in  mid-western  Nepal,  which  has  produced 
incidents  in  27  of  75  districts.  The  insurrection  has  been  waged  through  torture, 
killings,  and  bombings  involving  civilians,  and  public  olTicials.  The  Constitution  pro- 
vides for  an  independent  judiciary,  however,  the  courts  are  susceptible  to  political 
pressure  and  corruption. 

The  National  Police  Force  maintains  internal  security,  assisted  as  necessary  by 
the  Royal  Nepalese  Army  (RNA).  Police  reaction  to  the  "People's  War"  insurgency 
led  to  incidents  of  unwarranted  force  against  prisoners  and  noncombatants.  The 
army  is  traditionally  loyal  to  the  King  ana  has  avoided  involvement  in  domestic  pol- 
itics. However,  with  the  continued  threat  from  the  Maoist  insurgents,  the  RNA  may 
take  on  a  more  active  security  role.  The  police  are  subject  to  civilian  control,  but 
local  officials  have  wide  discretion  in  maintaining  law  and  order.  The  police  commit- 
ted human  rights  abuses. 

Nepal  is  an  extremely  poor  country,  with  an  annual  per  capita  gross  domestic 
product  of  approximately  $200.  Over  80  percent  of  its  21  million  people  support 
themselves  through  subsistence  agriculture.  Principal  crops  include  rice,  wheat, 
maize,  jute,  and  potatoes.  Tourism  and  the  export  oi  carpets  and  garments  are  the 
major  sources  of  foreign  exchange.  Foreign  aid  accounts  for  more  than  half  the  de- 
velopment budget.  The  economy  is  mixed  with  approximately  50  public  sector  firms. 
Many  former  government  firms  have  been  privatized  since  1992. 

Since  political  reform  began  in  1990,  Nepal  has  made  progress  in  its  transition 
to  a  more  open  society  with  greater  respect  for  human  rights.  However,  problems 
remain,  and  the  Government  nas  not  enforced  all  the  Constitution's  provisions  re- 
garding basic  human  rights.  The  police  continue  to  abuse  detainees,  using  torture 
as  punishment  or  to  extract  confessions.  The  Government  rarely  investigates  allega- 
tions of  police  brutality  or  takes  action  against  accused  police  officers.  There  were 
also  allegations  that  police  killed  unarmed  civilians  in  the  course  of  operations 
against  the  insurgents,  and  while  these  persons  were  held  in  custody.  The  authori- 
ties use  arbitrary  arrest  and  detention,  and  prison  conditions  remain  poor.  Judicial 
susceptibility  to  political   pressure  and  corruption,   long  delays  before  trial,  and 


1663 

lengthy  pretrial  detention  remain  problems.  The  Government  continues  to  impose 
some  restrictions  on  freedom  of  religion  and  expression.  Lower  castes  and  women 
suffer  widespread  discrimination.  Trafiicking  in  women  and  girls,  violence  against 
women,  forced  labor,  and  child  labor  also  remain  serious  problems. 

In  July  1996,  Parliament  unanimously  enacted  a  bill  to  establish  a  permanent 
human  rights  commission  with  the  authority  to  investigate  human  rights  abuses. 
However,  the  commission  has  not  yet  been  established. 

The  Maoist  insurgents  continued  to  commit  numerous  abuses,  including  killings 
and  bombings.  They  also  forced  the  postponement  of  local  elections  in  several  mid- 
western  districts. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — On  a  number  of  occasions,  the  Gov- 
ernment is  alleged  to  have  used  unwarranted  lethal  force  against  persons  suspected 
of  involvement  in  the  "People's  War"  in  central  Nepal.  Launched  in  February  1996 
by  UPF  leaders  Baburam  Bhattarai  and  Pushpa  Kamal  Dahal,  the  "People's  War" 
is  a  self-declared  Maoist  insurgency. 

In  March  Amnesty  International  (AI)  reported  that  in  1996  that  police  "have  re- 
peatedly resorted  to  the  use  of  lethal  force  in  situations  where  such  force  was  clearly 
unjustified."  AI's  statement  was  based  on  an  investigation  of  50  killings  committed 
by  police,  mostly  in  1996. 

Violence  declined  somewhat  in  1997.  A  local  nongovernmental  organization  (NGO) 
reported  that  the  police  killed  19  persons  in  Maoist-related  encounters  during  the 
year.  Several  of  these  incidents  reportedly  involved  unarmed  civilians,  but  others  oc- 
curred during  armed  conflict.  In  August,  for  example,  four  men  were  killed  when 
a  police  patrol  came  under  attack.  The  national  police  department  issued  strict  in- 
structions to  its  officers  not  to  use  excessive  force  after  some  of  these  incidents  were 
reported.  The  police  conducted  an  inquiry  into  the  killings,  but  concluded  that  the 
oflicers  were  acting  within  their  rights.  According  to  a  local  human  rights  NGO, 
three  persons  died  during  the  year  as  a  result  of  police  torture  (see  Section  I.e.). 

The  insurgents  were  responsible  for  numerous  abuses.  Guerrillas,  usually  armed 
with  homemade  guns,  explosives,  knives,  and  sticks,  attacked  landowners,  civilians, 
government  ofTicials,  and  government  facilities  in  a  number  of  districts.  For  exam- 
ple, on  January  11,  Balaram  Pokharel  of  the  Chhoparak  village  development  com- 
mittee was  attacked  in  his  house  by  10  suspected  Maoists,  who  afterward  dragged 
him  outside  and  stabbed  him  to  death  in  public.  In  Rolpa  district  a  police  officer 
was  attacked  and  killed  in  front  of  his  wife  and  child  in  October.  In  1996  the  Gov- 
ernment responded  to  the  insurgency  by  sending  contingents  of  police  to  the  affected 
districts.  A  total  of  113  persons  died  in  the  violence  since  November  1995,  most  of 
them  killed  by  the  insurgents. 

b.  Disappearance. — There  were  no  reports  of  politically  motivated  disappearances. 
Two  student  activists  that  the  police  took  into  custod.y  in  1993  and  1994  remain 

missing. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
The  Constitution  and  criminal  law  prohibit  torture;  however,  the  f)olice  often  use 
beatings  and  torture  to  punish  suspects  or  to  extract  confessions.  According  to  a 
local  human  rights  NGO,  three  persons  died  during  the  year  as  a  result  of  police 
torture  (see  Section  l.a.).  For  example,  in  February  Til  Bahadur  Bhujel  died  after 
being  beaten  by  police  who  arrested  him  for  illegally  cutting  wood  in  Jhapa  district. 
In  Kathmandu  Balajiu,  a  woman  died  of  wounds  inflicted  by  the  police  who  came 
to  arrest  her  son.  The  Government  has  failed  to  conduct  thorough  and  independent 
investigations  of  reports  of  police  brutality  and  has  refused  to  take  significant  dis- 
ciplinary action  against  officers  involved.  Police  are  often  unwilling  to  investigate 
and  discipline  fellow  officers,  and  people  are  afraid  to  bring  cases  against  police  for 
fear  of  reprisals.  The  Constitution  provides  for  compensation  for  victims  of  torture, 
and  a  bill  providing  for  such  compensation  was  passed  by  Parliament  in  September 
1996.  The  Government  has  begun  human  rights  education  for  the  police  force. 

Human  rights  groups  have  reported  instances  of  torture  in  areas  affected  by  the 
"People's  War."  Dozens  of  male  detainees  reported  torture  inflicted  on  them  by  po- 
lice, while  women  in  these  areas  have  reported  instances  of  rape  and  sexual  abuse 
by  the  police.  For  example,  in  Kavre  district,  according  to  a  local  human  rights 
NGO,  five  people  were  arrested  in  early  October  after  a  prominent  politician  was 
murdered  in  a  suspected  Maoist  attack.  These  people  were  reportedly  severely  tor- 
tured while  in  police  custody.  They  remained  in  jail  at  year's  end. 

Local  and  international  human  rights  groups  have  also  documented  Maoist  vio- 
lence in  these  areas,  including  the  'severing  of  arms  and  limbs.  The  Maoists  have 


1664 

most  often  targeted  political  leaders,  local  elites,  and  suspected  informers,  including 
representatives  of  the  more  moderate  Communist  Party  of  Nepal — the  United  Marx- 
ist Leninist  party  (UML).  A  village  development  leader  from  the  UML  was  attacked 
in  his  house  in  January  (see  Section  l.a.),  and  on  July  9,  approximately  nine 
Maoists  tied  and  seriously  assaulted  six  UML  workers  in  Sindhuli  district. 

Prison  conditions  are  poor.  Overcrowding  is  common  in  prisons  and  authorities 
sometimes  handcuff  or  letter  detainees.  Women  are  normally  incarcerated  sepa- 
rately fr-om  men,  but  in  similar  conditions.  The  Government  still  has  not  imple- 
mented a  provision  in  the  1992  Children's  Act  calling  for  the  establishment  of  a  ju- 
venile home  and  juvenile  court.  Consequently,  children  are  sometimes  incarcerated 
with  adults — either  as  criminals  or  with  an  incarcerated  parent.  The  Department 
of  Prisons  says  that  there  are  174  cases  of  children  in  jaiVcustody;  approximately 
30  of  these  persons  are  non-criminal  dependent  children  of  adult  inmates  (also  see 
Section  5).  In  Rukum  district,  a  13-year-old  boy  was  arrested  and  accused  of  being 
a  Maoist.  He  was  held  for  6  months  with  54  adults  in  a  cell  designed  for  only  15 
persons,  before  a  trial  date  was  scheduled. 

There  has  been  some  improvement  in  prison  conditions.  The  authorities  are  more 
likely  to  transfer  sick  prisoners  to  hospitals  than  they  were  in  the  past.  Due  to  the 
inadequacy  of  medical  facilities  in  the  country,  the  authorities  sometimes  place  the 
mentally  ill  in  jails  under  inhumane  conditions.  The  Government  permits  local 
human  rights  groups  to  visit  prisons. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  Constitution  stipulates  that  the  au- 
thorities must  arraign  or  release  a  suspect  within  24  hours  of  arrest,  but  the  police 
oft^n  violate  this  provision.  Under  the  Public  Offenses  Act  of  1970,  the  police  must 
obtain  warrants  for  an  arrest  unless  a  person  is  caught  in  the  act  of  committing 
a  crime.  For  many  offenses,  the  case  must  be  filed  in  court  within  7  days  of  arrest. 
If  the  court  upholds  the  detention,  the  law  authorizes  the  police  to  hold  the  suspect 
for  25  days  to  complete  their  investigation,  with  a  possible  extension  of  7  days.  How- 
ever, the  police  often  hold  prisoners  longer.  The  Supreme  Court  has  on  occasion  or- 
dered the  release  of  detainees  held  longer  than  24  hours  without  a  court  appear- 
ance. 

Detainees  do  not  have  the  legal  right  to  receive  visits  by  family  members  and  they 
are  permitted  access  to  lawyers  only  after  the  authorities  file  charges.  In  practice 
the  police  grant  access  to  prisoners  on  a  basis  that  varies  from  prison  to  prison.  Per- 
sons have  a  right  to  legal  representation  and  a  court  appointed  lawyer,  out  govern- 
ment lawyers  or  access  to  private  attorneys  is  provided  only  on  request.  Con- 
sequently, those  unaware  of  their  rights  may  not  have  legal  representation.  There 
is  a  system  of  bail,  but  bonds  are  usually  too  expensive  for  most  citizens.  According 
to  the  Department  of  Prisons,  over  half  of  the  6,(X)0  people  imprisoned  are  awaiting 
trial.  Due  to  court  backlogs,  a  slow  appeals  process,  and  poor  access  to  legal  rep- 
resentation, it  is  common  for  persons  to  be  held  for  perioas  longer  than  their  sen- 
tences after  conviction. 

Under  the  Public  Security  Act,  the  authorities  may  detain  persons  who  allegedly 
threaten  domestic  security  and  tranquillity,  amicable  relations  with  other  states, 
and  relations  between  citizens  of  different  classes  or  religions.  Persons  whom  the 
Government  detains  under  the  act  are  considered  to  be  in  preventive  detention  and 
can  be  held  for  6  months  without  being  charged  with  a  crime.  As  of  August,  38  peo- 
ple had  been  placed  under  detention  in  accordance  with  provisions  of  the  Public  Se- 
curity Act  as  a  result  of  Maoist-related  activities.  Human  rights  groups  allege  that 
the  police  have  used  arbitrary  arrest  and  detention  during  the  "People  s  War^  to  in- 
timidate communities  considered  sympathetic  to  the  Maoists.  Since  the  insurgents 
began  their  terrorist  campaigns"  1,661  Maoist-related  arrests  have  been  made.  Of 
those  arrested  approximately  930  persons  have  been  released,  while  731  have  been 
charged  with  crimes  and  are  awaiting  trial.  Of  those  charged,  246  are  still  being 
held  in  jail. 

The  1991  amendments  to  the  Public  Security  Act  allow  the  authorities  to  extend 

{)eriods  of  detention  after  submitting  written  notices  to  the  Home  Ministry.  The  po- 
ice  must  notify  the  district  court  of  the  detention  within  24  hours,  and  it  may  order 
an  additional  6  months  of  detention  before  authorities  file  official  charges. 

Other  laws,  including  the  Public  Ofienses  Act,  permit  arbitrary  detention.  This 
Act  and  its  many  amendments  cover  such  crimes  as  disturbing  the  peace,  vandal- 
ism, rioting,  and  fighting.  Under  this  Act,  the  Government  detained  hundreds  of 
civil  servants  during  a  55-day  antigovernment  strike  in  1991.  Human  rights  mon- 
itors express  concern  that  the  Act  vests  too  much  discretionary  power  in  the  Chief 
District  Officer  (CDO),  the  highest  ranking  civil  servant  in  each  of  the  country's  75 
districts.  The  Act  authorizes  the  CDO  to  order  detentions,  to  issue  search  warrants, 
and  to  specify  fines  and  other  punishments  for  misdemeanors  without  judicial  re- 
view. Few  recent  instances  of  use  of  the  Public  Offenses  Act  have  come  to  light, 


1665 

since  it  has  become  more  common,  particularly  with  the  Maoists,  to  arrest  people 
under  the  Public  Security  Act. 

Under  the  Public  Offenses  Act  hundreds  of  people  were  arrested  on  March  18, 
1996  for  staging  a  peaceful  protest  of  the  human  rights  situation  in  China  organized 
by  Amnesty  International  (AI)  in  Kathmandu.  Although  most  were  released  the 
same  day,  several  AI  ofTicers  and  14  Tibetans  were  held  in  jail  for  up  to  7  days, 
some  without  charge. 

The  Constitution  prohibits  exile;  it  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  iudi- 
ciary  and  the  Supreme  Court  has  demonstrated  independence.  However,  lower  level 
courts  remain  vulnerable  to  political  pressure.  In  addition,  bribery  of  lower  level 
judges  and  court  staff  is  endemic. 

iTie  Supreme  Court  has  the  right  to  review  the  constitutionality  of  legislation 
passed  by  Parliament.  It  has  ruled  that  provisions  in  the  1992  Labor  Act  and  in 
the  1991  Nepal  Citizenship  Act  are  unconstitutional.  In  1995  the  Court  also  decided 
that  the  dissolution  of  the  Parliament  at  the  request  of  a  former  Prime  Minister  was 
unconstitutional,  and  ordered  the  body  restored. 

Appellate  and  district  courts  have  become  increasingly  independent,  although 
they  sometimes  bend  to  political  pressure.  In  Rolpa,  one  of  the  districts  most  af- 
fected by  the  'People's  War,"  human  rights  groups  have  accused  the  district  courts 
of  acting  in  complicity  with  CDO's  in  violating  detainees'  rights.  These  groups  allege 
that  arrest  without  a  warrant,  prolonged  detention  without  trial,  and  police  torture 
occur  in  these  areas. 

The  judicial  system  consists  of  three  levels:  district  courts,  appellate  courts,  and 
the  Supreme  Court.  The  King  appoints  judges  on  the  recommendation  of  the  Judi- 
cial Council,  a  constitutional  body  chaired  by  the  Chief  Justice.  The  Council  is  also 
responsible  for  the  assignment  of  judges,  disciplinary  action,  and  other  administra- 
tive matters.  Judges  decide  cases;  there  is  no  jury  system. 

Delays  in  the  administration  of  justice  are  a  severe  problem.  According  to  the  lat- 
est statistics,  145,354  cases  active  throughout  the  country.  The  Supreme  Court  has 
a  backlog  of  approximately  8,950  cases,  which  it  expects  to  take  4  years  to  clear. 
A  case  appealed  to  the  Supreme  Court  may  take  more  than  10  years  to  conclude. 

The  Constitution  provides  for  the  right  to  counsel,  equal  protection  under  the  law, 
protection  from  douole  jeopardy,  protection  from  retroactive  application  of  the  law, 
and  for  public  trials,  except  in  some  security  and  customs  cases.  All  lower  court  de- 
cisions, including  acquittals,  are  subject  to  appeal.  The  Supreme  Court  is  the  court 
of  last  appeal,  but  the  King  may  grant  pardons.  The  King  can  also  suspend,  com- 
mute, or  remit  any  sentence.  On  the  recommendation  of  the  Government,  the  King 
often  pardons  up  to  12  prisoners — if  they  have  served  75  percent  of  their  sentence 
and  shown  good  behavior — on  national  holidays. 

Military  courts  adjudicate  cases  concerning  military  personnel,  who  are  immune 
from  prosecution  in  civilian  courts.  In  1992  the  Supreme  Court  ruled  that  military 
courts  may  no  longer  try  civilians  for  crimes  involving  the  military  services. 

The  authorities  may  prosecute  terrorism  or  treason  cases  under  the  Treason  Act. 
Specially  constituted  tribunals  hear  these  trials  in  closed  sessions.  No  such  trials 
took  place  during  the  past  2  years. 

There  were  no  reports  of  political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — The 
Government  generally  respected  the  privacy  of  the  home  and  family.  Search  war- 
rants are  required  before  search  and  seizure  except  in  cases  involving  suspected  se- 
curity and  narcotics  violations.  As  amended,  the  Police  Act  of  1955  empowers  the 

J)olice  to  issue  warrants  for  search  and  seizure  in  criminal  cases  upon  receipt  of  in- 
brmation  about  criminal  activities.  Within  24  hours  of  their  issuance,  warrants  in 
misdemeanor  cases  must  be  approved  by  the  CDO.  Court  judges  must  approve  them 
in  felony  cases. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  specifies  that  all  citizens  shall 
have  freedom  of  thought  and  expression  and  that  the  Government  may  not  censor 
any  news  item  or  other  reading  material.  Nevertheless,  the  Constitution  prohibits 
speech  and  writing  that  would  threaten  the  sovereignty  and  integrity  of  tne  King- 
dom; disturb  the  harmonious  relations  among  people  of  different  castes  or  commu- 
nities; promote  sedition,  defamation,  contempt  of  court,  or  crime;  or  contradict  de- 
cent public  behavior  or  morality. 

The  Press  and  Publications  Act  provides  for  the  licensing  of  publications  and  the 
granting  of  credentials  to  journalists.  The  Act  includes  penalties  for  violating  these 
requirements.  The  Act  also  prohibits  publication  of  material  that,  among  other 
things,  promotes  disrespect  toward  the  King  or  royal  family;  that  undermines  secu- 


1666 

rity,  peace,  order,  the  dignity  of  the  King,  or  the  integrity  or  sovereignty  of  the 
KingQom;  that  creates  animosity  among  people  of  different  castes  and  religions;  or 
that  adversely  affects  the  good  conduct  or  morality  of  the  public.  The  regulation  also 
provides  a  basis  for  banning  foreign  publications.  However,  foreign  publications  are 
now  widely  available. 

There  are  hundreds  of  independent  vernacular  and  English  newspapers  represent- 
ing various  political  points  of  view,  most  have  a  small  circulation  and  limited  im- 
pact. The  Government  owns  the  daily  Nepali  Language  newspaper  with  the  largest 
circulation.  Editors  and  writers  at  the  Government  newspaper  practice  self-censor- 
ship and  generally  reflect  government  policy.  Ruling  political  parties  have  influ- 
enced the  editorial  policy  oi  the  government  newspaper  to  their  advantage.  How- 
ever, despite  the  sensitivity  of  the  Government  to  the  "People's  War,"  the  press  has 
not  faced  overt  pressure  to  report  on  it  in  a  particular  way.  Views  of  human  rights 
groups,  the  statements  of  the  police,  and  the  press  releases  of  UPF  leader  Bhattarai 
have  all  been  reported  in  the  local  press. 

The  Government  owns  and  controls  the  most  radio  and  television  stations,  al- 
though there  is  now  an  operating  private  radio  station.  Radio  Sagamatha.  Television 
time  on  the  government-owned  television  station  is  regularly  leased  to  private  pro- 
ducers. Radio  reaches  the  greatest  number  of  people  and  has  the  largest  influence. 
Programming  currently  reflects  a  broader  range  of^  interests  and  political  viewpoints 
than  prior  to  the  political  transformation  in  1990.  The  Government  does  not  restrict 
access  to  foreign  radio  broadcasts  or  to  the  purchase  of  television  satellite  dishes 
that  can  access  international  news  from  the  British  Broadcasting  Corporation  (BBC) 
and  the  Cable  News  Network  (CNN).  A  small  but  growing  number  oi  Nepalese  also 
have  access  to  foreign  news  through  private  cable  networks. 

The  Broadcast  Act  of  1993  allows  private  parties  to  broadcast  television  and  FM 
radio,  but  implementation  by  the  Government  has  been  slow.  There  are  two  private 
cable  television  networks,  which  have  been  operating  for  close  to  2  years  in  the 
Kathmandu  valley.  They  provide  mainly  entertainment  programming,  but  com- 
mentary critical  of  government  policies  occurs  occasionally  during  publicly  broadcast 
discussion  programs. 

There  has  been  much  debate  about  liberalizing  the  media  and  privatizing  govern- 
ment-owned media.  This  debate  has  put  pressure,  so  far  successfully  resisted,  on 
successive  governments  to  open  the  air  waves  and  divest  government-controlled 
printing  operations. 

The  Government  limits  academic  freedom  to  the  same  extent  as  the  media.  No 
overt  efforts  to  enforce  these  limitations  were  reported  this  year. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — Although  the  Constitution  pro- 
vides for  freedom  of  assembly,  this  right  may  be  restricted  by  law  on  vague  grounds 
such  as  undermining  the  sovereignty  and  integrity  of  the  State  or  disturbing  law 
and  order.  Persons  protesting  Chinese  human  rights  policy  were  arrested  and  de- 
tained in  March  before  and  during  peaceful  protests  (see  Section  l.d.). 

c.  Freedom  of  Religion. — The  Constitution  describes  Nepal  as  a  Hindu  Kingdom, 
although  it  does  not  establish  Hinduism  as  the  state  religion.  The  majority  of  citi- 
zens are  Hindu.  The  Constitution  permits  the  practice  of  all  religions  and  prohibits 
discrimination  on  the  basis  of  caste  except  for  traditional  religious  practices  at 
Hindu  temples,  where,  for  example,  members  of  the  lowest  caste  are  not  permitted. 

Although  the  Government  has  generally  not  interfered  with  the  practice  of  other 
religions,  conversion  is  prohibitecT  and  punishable  with  fines  or  imprisonment,  the 
police  occasionally  harass  members  of  minority  religions.  Some  groups  are  concerned 
that  the  ban  on  proselytizing  limits  the  expression  of  non-Hindu  religious  belief. 
Foreigners  convicted  of  proselytizing  can  be  expelled  from  the  country. 

Arrests  for  proselytizing  are  rare.  The  only  incident  to  occur  in  the  past  few  years 
was  in  September  1994  when  11  Christians  were  sentenced  to  2  years  in  jail  The 
King  pardoned  them  afler  they  had  served  3  months  of  their  sentence. 

A  Seventh  Day  Adventist  aid  organization  came  under  government  scrutiny  in 
August  afler  a  disgruntled  employee  reportedly  spread  rumors  to  the  press  and 
Hindu  organizations  that  the  group  was  proselytizing.  For  a  period  of  approximately 
a  month,  the  organization  was  the  subject  of'^  slanderous  and  vituperative  attacks 
by  Hindu  organizations.  The  Government  convened  a  committee  that  asked  Advent- 
ist Development  and  Relief  Agency  (ADRA)  to  confine  itself  to  relief  and  welfare  ac- 
tivities for  which  it  was  registered  While  ADRA  denied  that  it  had  proselytized,  in 
did  have  links  to  an  Adventist  school  (established  for  the  children  of  Adventist 
workers  in  Nepal),  which  also  had  been  accused  of  proselytizing.  To  clarify  its  func- 
tion and  role,  ADRA  severed  all  official  ties  with  the  school.  The  school  continues 
to  operate  normally. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  provides  for  freedom  oT  movement  and  residence,  and 


1667 

the  Government  generally  does  not  restrict  travel  abroad.  However,  the  Government 
restricts  travel  to  some  areas  near  the  Chinese  border  for  foreign  tourists  and  for 
foreign  residents,  such  as  Tibetans  residing  in  Nepal.  The  Government  allows  citi- 
zens abroad  to  return,  and  is  not  known  to  revoke  citizenship  for  political  reasons. 

The  Government  has  no  official  refugee  policy  and  is  party  to  neither  the  1951 
U.N.  Convention  relating  to  the  Status  of  Refugees  nor  the  1967  Protocol.  However, 
it  does  provide  asylum  for  refugees  and  has  cooperated  with  the  office  of  the  United 
Nations  High  Commissioner  for  Refugees  (UNHCR),  and  with  other  humanitarian 
organizations,  in  assisting  refugees  from  Bhutan  and  Tibet  (China).  The  UNHCR 
has  maintained  an  office  in  Kathmandu  since  1989.  Since  1959  the  Government  has 
accepted  approximately  20,000  Tibetan  refugees,  many  of  whom  still  reside  in  the 
country.  Since  1991  it  has  also  provided  asylum  to  more  than  90,000  Bhutanese  ref- 
ugees, the  great  majority  of  whom  are  now  living  in  UNHCR-administered  camps 
in  eastern  Nepal. 

Although  in  1995  the  Government  reversed  a  1960's  decision  to  suspended  the  is- 
suance of  identification  cards  to  Tibetans,  there  remain  many  Tibetans  with  no  form 
of  identification  and  no  permanent  status.  Undocumented  Tibetan  residents  face  dif- 
ficulties in  obtaining  basic  citizens'  rights  and  are  unable  to  travel  abroad  or  access 
such  services  as  banking.  The  UNHCR  donates  blank  resident  identification  cards 
to  the  (Government  for  Tibetans,  but  as  of  August  1997,  approximately  4,000  Tibetan 
refugees  within  the  Kathmandu  valley  remained  without  identification  cards. 

China  and  the  Government  of  Nepal  tightened  control  of  movement  across  their 
border  in  1986,  but  both  sides  have  enforced  these  restrictions  haphazardly.  Police 
and  customs  ofiicials  occasionally  harass  Tibetan  asylum  seekers  who  cross  the  bor- 
der from  China.  Border  police  often  extort  money  from  Tibetans  in  exchange  for  pas- 
sage. With  the  change  from  a  Communist  Party  government  to  a  coalition  govern- 
ment headed  by  the  Nepal  Congress  Party  in  September  1995,  the  former  practice 
of  forcibly  returning  asylum  seekers  to  China  has  stopped.  There  were  no  reports 
of  forced  expulsion  of  Tibetan  asylum  seekers  in  1997. 

There  are  approximately  92,000  ethnic  Nepali  refugees  from  Bhutan  in  UNHCR- 
administered  camps  in  southeastern  Nepal.  An  additional  20,000  refugees  reside 
outside  the  camps  in  either  Nepal  or  India.  The  total  represents  approximately  one- 
sixth  of  Bhutan's  estimated  pre-1991  population. 

The  UNHCR  monitors  the  condition  of  the  Bhutanese  refugees  and  provides  for 
their  basic  needs.  The  Government  accepts  the  refugee  presence  as  temporary,  on 
humanitarian  grounds,  but  offers  little  more  than  a  place  to  stay.  The  Government 
officially  restricts  refugee  freedom  of  movement  and  work,  but  does  not  strictly  en- 
force its  policies.  Living  conditions  in  the  camps  have  improved  dramatically  since 
1992.  Adequate  clean  water  is  available  and  health,  sanitation,  and  nutrition  stand- 
ards are  acceptable.  Violence  has  sometimes  broken  out  between  camp  residents  and 
the  surrounding  local  population.  The  UNHCR  and  other  donors  and  relief  organiza- 
tions have  defused  tensions  through  a  refugee  affected  areas  assistance  plan  aimed 
at  improving  conditions  in  communities  adjacent  to  the  camps. 

In  1993  the  Governments  of  Nepal  and  Bhutan  formed  a  joint  committee  to  re- 
solve the  refugee  problem  and  to  determine  different  categories  of  refugees  in  prepa- 
ration for  future  repatriation.  Seven  rounds  of  bilateral  talks  have  been  held,  but 
with  little  concrete  progress.  A  visit  to  Bhutan  by  the  Nepali  acting  Foreign  Sec- 
retary in  August  led  to  speculation  that  a  resolution  might  be  in  sight,  but  no  agree- 
ments were  reached  and  no  breakthrough  occurred.  The  lack  of  significant  progress 
in  bilateral  negotiations  has  led  to  increased  frustration  in  the  camps,  and  to  a  re- 
cent campaign  of  "peace  marches"  by  refugees  seeking  to  return  to  Bhutan. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens,  through  their  elected  representatives,  have  the  right  to  amend  the  Con- 
stitution with  the  exception  of  certain  basic  principles  that  they  may  not  change — 
sovereignty  vested  in  the  people,  the  multiparty  system,  fundamental  rights,  and 
the  constitutional  monarchy. 

Parliamentary  elections  are  scheduled  at  least  every  5  years.  Midterm  elections 
may  be  called  if  the  ruling  party  loses  its  majority,  loses  a  vote  of  no  confidence, 
or  calls  for  elections.  The  Constitution  grants  suffrage  to  all  citizens  of  age  18  and 
over. 

The  House  of  Representatives,  or  lower  house,  may  send  legislation  directly  to  the 
King  by  majority  vote.  The  National  Council,  or  upper  house,  may  amend  or  reject 
lower  house  legislation,  but  the  lower  house  can  overrule  its  objections.  The  upper 
house  may  also  introduce  legislation  and  send  it  to  the  lower  house  for  consider- 
ation. 


1668 

The  Kingexercises  certain  powers  with  the  advice  and  consent  of  the  Council  of 
Ministers.  These  include  exclusive  authority  to  enact,  amend,  and  repeal  laws  relat- 
ing to  succession  to  the  throne.  The  King's  income  and  property  are  tax-exempt  and 
inviolable,  and  no  question  may  be  raised  in  any  court  about  any  act  performed  by 
the  King.  The  Constitution  also  permits  the  King  to  exercise  emergency  powers  in 
the  event  of  war,  external  aggression,  armed  revolt,  or  extreme  economic  depression. 
In  such  an  emergency,  the  King  may  suspend  without  judicial  review  many  basic 
freedoms,  including  the  freedoms  of  expression  and  assembly,  freedom  from  censor- 
ship, and  freedom  from  preventive  detention.  However,  he  may  not  suspend  habeas 
corpus  or  the  right  to  form  associations.  The  King's  declaration  of  a  state  of  emer- 

f[ency  must  be  approved  by  a  two-thirds  majority  of  the  lower  house  of  the  Par- 
iament.  If  the  lower  house  is  not  in  session,  the  upper  house  exercises  this  power. 
A  state  of  emergency  may  be  maintained  for  up  to  3  months  without  legislative  ap- 

{jroval  and  up  to  6  months,  renewable  only  once  for  an  additional  6  months,  if  the 
emslature  grants  approval. 

The  Constitution  bars  the  registration  and  participation  in  elections  of  any  politi- 
cal party  that  is  based  on  "religion,  community,  caste,  tribe,  or  region,"  or  that  does 
not  operate  openly  and  democratically. 

There  are  no  specific  laws  that  restrict  women,  indigenous  peoples,  or  minorities 
from  participating  in  the  Government  or  in  political  parties.  Conservative  traditions 
limit  the  roles  of  women  and  of  some  castes  and  tribes  in  the  political  process.  The 
Constitution  requires  that  women  constitute  5  percent  of  each  party's  candidates  for 
the  House  of  Representatives.  A  royal  ordinance,  which  has  since  been  ratified  by 
Parliament,  also  requires  that  20  percent  of  all  village  and  municipal  level  seats  be 
reserved  for  female  candidates.  Currently,  7  of  the  205  members  of  the  lower  house 
are  women  and  5  of  the  60  members  of  the  upper  house  are  women. 

In  March,  when  local  elections  were  scheduled  across  the  country,  Maoist  violence 
and  threats  forced  the  postponement  of  voting  in  parts  of  15  of  the  75  electoral  dis- 
tricts. Ofiicials  recorded  16  deaths,  mostly  civilians,  from  election-related  violence 
during  these  elections.  The  Maoists'  efibrts  to  disrupt  the  elections  caused  some  can- 
didates to  withdraw  and  voters  to  avoid  polling  stations.  Since  no  one  was  elected 
to  office  in  these  areas,  they  remain  without  elected  boards  to  manage  district  gov- 
ernance. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 
There  are  a  dozen  nongovernmental  (NGO)  human  rights  organizations.  These  in- 
clude the  Human  Rights  Organization  of  Nepal  (HURON),  the  Informal  Sector  Serv- 
ices Center  (INSEC),  the  International  Institute  for  Human  Rights,  Environment, 
and  Development  (INHURED),  and  the  Forum  for  the  Protection  of  Human  Rights 
(FOPHUR).  The  Nepal  Law  Society  also  monitors  human  rights  abuses  and  a  num- 
ber of  NGO's  focus  on  specific  areas  such  as  torture,  child  labor,  women's  rights, 
or  ethnic  minorities.  Groups  are  free  to  publish  reports  on  human  rights  abuses. 
The  Government  has  also  allowed  groups  to  visit  prisons  and  prisoners.  The  Govern- 
ment rarely  arrests  or  detains  those  reporting  on  human  rights  problems. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  specifies  that  the  State  shall  not  discriminate  against  citizens 
on  grounds  of  religion,  race,  sex,  caste,  or  ideology.  However,  there  is  still  a  caste 
system.  Discrimination  against  lower  castes  and  women  remains  common,  especially 
in  rural  areas. 

Women. — Violence  against  women  is  a  serious  problem  and  effects  almost  every 
citizen.  There  is  no  law  against  domestic  violence,  which  is  widespread.  In  one 
study,  50  percent  of  the  respondents  said  that  they  know  someone  who  was  the  vic- 
tim of  domestic  violence.  In  another  survey,  respondents  listed  the  perpetrators  of 
violence  in  77  percent  of  incidents  as  family  members,  and  58  percent  reported  that 
it  is  a  daily  occurrence.  Little  public  attention  is  given  to  violence  against  women 
in  the  home;  the  Government  makes  no  special  effort  to  combat  it. 

Rape  and  incest  are  also  problems,  particularly  in  rural  areas.  There  is  a  law 
against  rape  of  non-prostitute  women  wnich  imposes  sentences  of  from  3  to  5  years. 
In  the  case  of  rape  of  prostitutes,  sentences  range  from  a  fine  of  500  rupees  ($9.00) 
to  1  year's  imprisonment. 

There  is  a  general  unwillingness  among  citizens,  particularly  government  figures, 
to  recognize  violence  against  women  as  a  problem.  In  a  survey  conducted  by  Saathi, 
a  local  NGO,  42  percent  of  the  respondents  said  that  in  their  experience  medical 
practitioners  were  uncooperative  or  negligent  in  cases  of  violence  against  women 
and  girls.  This  unwillingness  to  recognize  violence  against  women  and  girls  as  unac- 


1669 

ceptable  in  daily  life  is  seen  not  just  in  the  medical  profession,  but  among  the  police 
and  politicians  as  well. 

The  police  department  has  a  "women's  cell"  in  five  cities,  including  Kathmandu. 
These  cells  are  made  up  entirely  of  female  ofiicers,  who  receive  special  training  in 
handling  victims.  The  police  have  also  sent  out  directives  instructing  all  officers  to 
treat  domestic  violence  as  a  criminal  offense  that  should  be  prosecuted.  However, 
according  to  a  police  official,  this  type  of  directive  is  difficult  to  enforce  because  of 
entrenched  social  attitudes.  Even  though  the  police  may  arrest  a  man,  further  pros- 
ecution is  seldom  pursued  by  the  woman  or  by  the  Government. 

A  large  number  of  NGO's  in  Kathmandu  work  on  the  problem  of  violence  against 
women.  Saathi's  assistance  program  includes  a  women's  shelter  and  a  suicide  inter- 
vention center.  The  shelter  provides  housing,  medical  attention,  counseling,  and 
legal  advocacy  for  the  victims  of  violence. 

Two  conferences  were  held  in  the  fall  that  focused  on  the  problem  violence  against 
women.  One  was  a  national  conference  of  NGO's,  government  ofiicials,  and  par- 
liamentarians organized  by  the  NGO  Saathi.  The  Government  announced  new  ini- 
tiatives at  the  meeting,  including  the  formation  of  a  new  National  Women's  Com- 
mission to  help  guide  government  policy.  The  conference  participants  also  formu- 
lated a  conunon  strategy  to  unite  NGO  efforts  in  the  field.  There  was  also  an  inter- 
national conference  organized  by  the  UNICEF  regional  ofiice  for  South  Asia. 

The  dowry  tradition  is  strong,  with  greater  prevalence  in  the  Terai  region.  Killing 
of  brides  because  of  defaults  on  dowry  payments  is  rare,  but  does  occur.  More  com- 
mon is  the  physical  abuse  of  wives  by  tne  husband  and  the  husband's  family  to  ob- 
tain additional  dowry  or  to  force  the  woman  to  leave  to  enable  the  son  to  remarry. 

Trafficking  in  women  and  girls  remains  a  deeply  ingrained  social  problem  in  sev- 
eral of  the  country's  poorest  areas.  Estimates  of  the  number  of  girls  and  women 
working  as  prostitutes  in  India  range  between  40,000  and  100,000.  The  best  avail- 
able data  suggest  that  approximately  5,000  to  7,000  girls  between  the  ages  of  10 
and  18  are  lured  or  abducted  into  prostitution  each  year.  Prostitution  is  also  a  prob- 
lem in  the  Kathmandu  valley.  A  children's  human  rights  group  in  Nepal  states  that 
20  percent  of  prostitutes  are  younger  than  16  years  old.  In  many  cases,  parents  or 
relatives  sell  women  and  young  girls  into  sexual  slavery. 

There  is  legislation  to  protect  women  from  coercive  trafficking,  but  it  is  not  well 
enforced.  The  fear  of  the  spread  of  AIDS  by  returning  prostitutes  has  discouraged 
the  Government  from  promoting  the  rehabilitation  oi  prostitutes.  Government  ef- 
forts focus  more  on  preventing  prostitution  and  trafficking  in  women.  The  Ministry 
of  Labor  and  Social  Welfare  sponsors  job  and  skill  training  programs  in  several  poor 
districts  known  for  sending  prostitutes  to  India.  Several  NGO's  have  similar  pro- 
grams. 

Although  the  Constitution  provides  protections  for  women,  including  equal  pay  for 
equal  work,  the  Government  nas  not  taken  significant  action  to  implement  its  provi- 
sions. Women  face  discrimination,  particularly  in  rural  areas,  where  religious  and 
cultural  tradition,  lack  of  education,  and  ignorance  of  the  law  remain  severe  imf)edi- 
ments  to  their  exercise  of  basic  rights  sucn  as  the  right  to  vote  or  to  hold  property 
in  their  own  names. 

Women  have  benefited  from  changes  in  marriage  and  inheritance  laws.  In  1994 
the  Supreme  Court  struck  down  provisions  of  the  Citizenship  Law  that  discrimi- 
nated against  foreign  spouses  of  Nepalese  women.  However,  many  other  discrimina- 
tory laws  still  remain.  According  to  legal  experts,  there  are  more  than  20  laws  that 
discriminate  against  women.  For  example,  the  law  grants  women  the  right  to  di- 
vorce, but  on  narrower  grounds  than  those  applicable  to  men.  The  law  on  property 
rights  also  favors  men  in  its  provisions  for  inheritance,  land  tenancy,  and  the  divi- 
sion of  family  property.  In  August  1995,  the  Supreme  Court  also  ordered  the  Council 
of  Ministers  to  enact  legislation  within  1  year  giving  women  property  rights  in  re- 
gard to  inheritance  and  land  tenancy  equal  of  those  of  men.  Legislation  addressing 
women's  issues,  including  property  rights  and  rape,  was  introduced  into  the  Par- 
liament, but  has  not  yet  been  passed. 

According  to  the  1991  census,  the  female  literacy  rate  is  26  f)ercent,  compared 
with  57  percent  for  men.  Human  rights  groups  report  that  girls  attend  secondary 
schools  at  a  rate  half  that  of  boys.  There  are  now  many  NGO's  focused  on  integrat- 
ing women  into  society  and  the  economy.  These  NGO's  work  in  the  areas  of  literacy, 
small  business,  skills  transfer,  and  against  trafficking  in  women  and  girls. 

There  are  a  growing  number  of  women's  advocacy  groups  and  nearly  all  political 

f>arties  have  their  own  women's  group.  Members  of  Parliament  have  begun  working 
or  the  passage  of  tougher  laws  for  crimes  of  sexual  assault,  but  have  had  little  suc- 
cess so  far. 

Children. — Although  education  is  not  compulsory,  the  Government  provides  free 
primary  education  for  all  children  between  the  ages  6  and  12,  but  many  families 


1670 

cannot  afford  school  supplies  or  clothing.  Schools  charge  fees  for  further  education. 
Free  health  care  is  provided  through  government  clinics,  but  they  are  poorly 
equipped  and  too  few  in  number  to  meet  the  demand.  Community -based  healtn  pro- 
grams assist  in  the  prevention  of  childhood  diseases  and  provide  primary  health 
care  services.  Due  to  poor  or  nonexistent  sanitation  in  rural  areas  many  children 
are  at  risk  from  severe  and  fatal  illnesses. 

The  Child  Act  of  1992  provides  legal  protection  for  children  in  the  workplace  and 
in  criminal  proceedings.  Although  it  calls  for  the  establishment  of  child  welfare  com- 
mittees and!^  orphanages,  the  Government  has  established  few  such  facilities.  The 
Labor  Act  of  1992  prohibits  employment  of  minors  under  14  years  of  age,  but  em- 
ployers, particularly  in  the  informal  sector  or  agriculture,  widely  ignore  tne  law. 

Children  under  the  age  of  16  work  in  all  sectors  of  the  economy.  Children's  rights 
groups  estimate  that  up  to  half  of  all  children  work.  As  recently  as  early  1994,  the 
carpet  industry  employed  large  numbers  of  children,  an  estimated  23,000,  nearly 
one-third  of  all  workers  in  that  industry.  Due  to  negative  publicity  in  consumer  na- 
tions, children  now  account  for  approximately  5  percent  of  the  carpet  industry's  em- 
ployees, about  6,000  workers  (see  Section  6.d.).  In  1996  a  consortium  of  carpet  man- 
ufacturers is  moving  to  establish  a  certification  system  for  carpets  made  without 
child  labor.  The  Ministry  of  Labor  is  increasing  its  efforts  to  monitor  the  use  of  child 
labor. 

Prostitution  and  trafficking  in  young  girls  remain  serious  problems. 

Social  attitudes  view  a  female  child  as  a  commodity,  to  be  bartered  off  in  mar- 
riage, or  as  burden.  Some  people,  in  fact,  consider  marrying  a  girl  before  menarche 
an  Honorable,  sacred  act  that  increases  one's  chances  of  a  oetter  afterlife.  As  a  re- 
sult, child-brides  are  common.  According  to  the  UNICEF's  Regional  Office  for  South 
Asia,  40  percent  of  all  marriages  are  consummated  with  a  girl  under  14  years  of 
age.  The  age  difference  in  marriage  is  often  cited  as  one  cause  of  domestic  violence. 

Approximately  140  to  144  children  considered  delinquents  or  accused  for  public 
offenses  are  incarcerated  with  adults  because  the  Government  has  not  established 
juvenile  homes.  Another  30  children  are  in  jails  as  non-criminal  dependents  of  incar- 
cerated adults.  Some  of  the  allegedly  delinquent  children  are  as  young  as  9  years 
old,  even  though,  under  the  law,  children  under  18  cannot  be  charged  with  crimes 
(see  Section  I.e.). 

People  With  Disabilities. — ^The  disabled  face  widespread  discrimination.  Families 
oft«n  are  stigmatized  by  and  ashamed  of  disabled  family  members,  who  may  be  hid- 
den away  or  neglected.  Economic  integration  is  further  hampered  by  the  general 
view  that  the  disabled  are  unproductive.  The  mentally  retarded  are  associated  with 
the  mentally  ill.  Sometimes,  mentally  ill  and  retarded,  persons  are  placed  in  prisons 
due  to  the  lack  of  facilities  or  support. 

The  Government  has  long  been  involved  in  providing  for  the  disabled,  but  the 
level  of  government  assistance  has  not  met  the  needs  of  the  disabled.  The  1982  Dis- 
abled Persons  Protection  and  Welfare  Act  and  additional  1994  rules  mandate  acces- 
sibility to  buildings,  transportation,  employment,  education,  and  other  state  serv- 
ices. However,  despite  government  funding  for  special  education  programs,  the  Gov- 
ernment does  not  implement  or  enforce  laws  regarding  the  disabled.  A  number  of 
NGO's  working  with  the  disabled  receive  significant  funding  from  the  Government, 
but  persons  who  are  physically  or  mentally  disabled  rely  almost  exclusively  on  fam- 
ily members  to  assist  them. 

National/ Racial / Ethnic  Minorities. — Nepal  has  over  75  ethnic  groups  speaking 
50  languages.  The  Constitution  provides  that  each  community  "shall  have  the  right 
to  preserve  and  promote  its  language,  script,  and  culture."  It  further  specifies  that 
eacn  community  has  the  right  to  operate  schools  up  to  the  primary  level  in  its  moth- 
er tongue. 

Discrimination  against  lower  castes  is  especially  common  in  the  rural  areas  of 
western  Nepal.  Although  the  Government  has  outlawed  the  public  shunning  of  "un- 
touchables, an  exception  was  retained  for  traditional  practices  at  Hindu  religious 
sites.  Economic,  social,  and  educational  advancement  tend  to  be  a  function  of  histor- 
ical patterns,  geographic  location,  and  caste.  Better  education  and  higher  levels  of 
prosperity,  especially  in  the  Kathmandu  valley,  are  slowly  reducing  caste  distinc- 
tions and  increasing  opportunities  for  lower  socioeconomic  groups.  Better  educated 
urban-oriented  castes  (Brahmin,  Chhetri,  and  certain  elements  of  the  Newar  com- 
munity traditionally  dominant  in  the  Kathmandu  valley)  continue  to  dominate  poli- 
tics, senior  administrative  and  military  positions,  and  to  control  a  disproportionate 
share  of  natural  resources  in  their  territories. 

In  remote  areas,  school  lessons  and  national  radio  broadcasts  are  often  in  the 
local  language.  However,  in  areas  with  nearby  municipalities,  education  at  the  pri- 
mary, secondary,  and  university  levels  is  conducted  almost  exclusively  in  Nepali, 
which  is  constitutionally  mandated  as  the  official  language  of  the  State.  Human 


1671 

rights  groups  report  that  the  languages  of  the  small  Kusunda,  Dura,  and  Meche 
communities  are  nearly  extinct  ana  that  non-Hindu  peoples  are  losing  their  culture. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Constitution  provides  for  the  freedom  to  estab- 
lish and  join  unions  and  associations.  It  permits  restriction  of  unions  only  in  cases 
of  subversion,  sedition,  or  similar  conditions.  Despite  the  political  transformation  in 
1990,  trade  unions  are  still  developing  their  administrative  structures  to  organize 
workers,  bargain  collectively,  and  conduct  woriier  education  programs.  The  prior 
UML  government  "automatically"  registered  its  own  affiliated  unions  but  interfered 
in  the  registration  of  unions  associated  with  the  Nepali  Congress  Party's  labor  orga- 
nization. 

Union  participation  in  the  formal  sector  is  significant,  but  it  accounts  for  only  a 
small  portion  of  the  labor  force.  In  1992  Parliament  passed  the  Labor  Act  and  the 
Trade  Union  Act,  and  formulated  enabling  regulations.  However,  the  Government 
has  not  yet  fully  implemented  the  laws.  The  Trade  Union  Act  defines  procedures 
for  establishing  trade  unions,  associations,  and  federations.  It  also  protects  unions 
and  officials  from  lawsuits  arising  from  actions  taken  in  the  discharge  of  union  du- 
ties, including  collective  bargaining. 

The  law  permits  strikes,  except  by  employees  in  essential  services  such  as  water 
supply,  electricity,  and  telecommunications.  The  law  empowers  the  Government  to 
halt  a  strike  or  suspend  a  union's  activities  if  the  union  disturbs  the  peace  or  if  it 
adversely  affects  the  nation's  economic  interests.  Under  the  Labor  Act,  60  percent 
of  a  union's  membership  must  vote  in  favor  of  a  strike  in  a  secret  ballot  for  the 
strike  to  be  legal. 

The  Trade  Union  Act  prohibits  employers  from  discriminating  against  trade  union 
members  or  organizers.  There  have  been  few  reports  of  discrimination  against  union 
members. 

The  Government  does  not  restrict  unions  from  joining  international  labor  bodies. 
Several  trade  federations  and  union  organizations  maintain  a  variety  of  inter- 
national affiliations. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  Labor  Act  provides  for 
collective  bargaining,  although  the  organizational  structures  to  implement  the  Act's 
provisions  have  not  been  established.  Collective  bargaining  agreements  cover  an  es- 
timated 20  percent  of  wage  earners  in  the  organized  sector.  However,  labor  remains 
widely  unable  to  use  collective  bargaining  effectively  due  to  inexperience  and  em- 
ployer reluctance  to  bargain. 

There  are  no  export  processing  zones. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  prohibits  slavery, 
serfdom,  forced  labor,  or  traffic  in  human  beings  in  any  form.  The  Department  of 
Labor  enforces  laws  against  forced  labor  in  the  small  formal  sector,  but  remains  un- 
able to  enforce  the  law  outside  that  sector. 

Large  numbers  of  women  are  still  forced  to  work  against  their  will  as  prostitutes 
(see  &ction  5).  Bonded  labor  is  a  continuing  problem,  especially  in  agricultural 
work.  Bonded  laborers  are  usually  members  of  lower  castes.  An  estimated  100,000 
persons  are  forced  to  work  under  the  "Kamaiya"  or  bonded  labor  system  in  the 
southern  Terai  region.  These  "Kamaiyas"  generally  are  agricultural  workers  who 
work  for  the  same  landlords  their  family  may  have  served  for  many  generations. 
The  Government  has  not  yet  enacted  legislation  or  taken  other  significant  steps  to 
address  the  problem. 

The  Nepal  Labor  Act  specifically  prohibits  forced  or  bonded  child  labor,  but  en- 
forcement of  this  law  is  inadequate.  Forced  child  labor  exists  in  many  sectors  of  the 
economy. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  Con- 
stitution stipulates  that  children  shall  not  be  employed  in  factories,  mines,  or  simi- 
lar hazardous  work.  The  law  also  establishes  a  minimum  age  for  employment  of  mi- 
nors at  16  years  in  industry  and  14  years  in  agriculture.  The  Constitution  limits 
children  between  the  ages  of  14  and  16  years  to  a  36-hour  work  week.  The  law  also 
mandates  acceptable  working  conditions  for  children.  However.  Both  the  resources 
and  the  commitment  devoted  to  the  enforcement  of  these  provisions  are  limited  and 
child  workers  are  found  in  many  sectors  of  the  economy  (see  section  5).  Although 
the  law  prohibits  forced  or  bonded  labor  children,  it  exists  in  many  sectors  (see  Sec- 
tion 6.C.). 

Up  to  half  of  all  children  work,  mostly  in  agriculture.  In  1996  a  certification  sys- 
tem for  carpets  made  without  child  labor  was  established.  Of  the  207  carpet  fac- 
tories that  export,  approximately  30  have  signed  on  to  this  or  a  similar  agreement 
(see  Section  5).  Partially  as  a  result  of  this  initiative,  and  of  consumer  pressure, 
children  now  reportedly  constitute  only  10  percent  of  the  work  force  in  the  export- 


45-909    98-54 


1672 

oriented  carpet  industry.  However,  children's  rights  activists  say  that,  in  the  smaller 
factories,  children  are  still  a  large  part  of  the  work  force.  Few  or  no  children  work 
in  the  garment  industry. 

The  Ministry  of  Labor's  enforcement  record  is  improving.  In  the  urban  formal  sec- 
tor, it  has  had  some  success  in  enforcing  laws  relating  to  tenure,  minimum  wage, 
and  holidays.  Government  inspectors  are  also  increasing  their  monitoring  of  the  use 
of  child  labor  in  carpet  factories. 

e.  Acceptable  Conditions  of  Work. — In  August  legislation  was  passed  that  raised 
the  minimum  wage  for  unskilled  labor  to  $22  (1,300  rupees)  per  month  up  from  $19 
(1,150  rupees).  The  law  also  defined  monthly  minimum  wages  for  semi-sKilled  labor 
at  $23  (1,350  rupees),  skilled  labor  at  $25  (1,460  rupees),  and  highly-skilled  labor 
at  $  28  (1,650  rupees).  The  minimum  wage  for  chiloren  ages  14  to  16  was  set  at 
$17  (1,025  rupees).  These  wages  are  sufiicient  only  for  the  most  minimal  standard 
of  living.  Wages  in  the  unorganized  service  sector  and  in  agriculture  are  often  as 
much  as  50  percent  lower. 

The  Labor  Act  calls  for  a  48-hour  work  week,  with  1  day  off  per  week,  and  limits 
overtime  to  20  hours  per  week.  Health  and  safety  standards  and  other  benefits  such 
as  a  provident  fund  and  maternity  benefits  are  also  established  in  the  act.  Imple- 
mentation of  the  new  Labor  Act  has  been  slow,  as  the  (jovernment  has  not  created 
the  necessary  regulatory  or  administrative  structures  to  enforce  its  provisions. 
Workers  do  not  have  the  right  to  remove  themselves  from  dangerous  work  situa- 
tions. Although  the  law  authorizes  labor  officers  to  order  employers  to  rectify  unsafe 
conditions,  enforcement  of  safety  standards  remains  minimal. 


PAKISTAN 

Pakistan  is  an  Islamic  republic  with  a  democratic  political  system.  A  popularly- 
elected  parliament  and  a  government  headed  by  a  Prime  Minister  have  wide  con- 
stitutional power,  shared  to  a  limited  extent  with  the  President  and,  informally,  the 
Chief  of  the  Army  Staff  who  wields  considerable  influence  on  many  major  policy  de- 
cisions. The  Pakistan  Muslim  League  government  of  Prime  Minister  Mian  Nawaz 
Sharif,  which  came  to  power  in  February  with  a  massive  parliamentary  majority, 
passed  a  constitutional  amendment  in  April  that  removed  tne  President  s  power  to 
dismiss  the  Government  and  dissolve  parliament  "in  his  discretion."  As  a  result,  the 
popularly-elected  government  has  greater  power  than  any  of  its  predecessors  since 
the  return  of  formal  democracy  in  1988.  The  (jovernment's  power  was  further  en- 
hanced by  the  constitutional  confrontation  between  the  Prime  Minister  and  the 
Chief  Justice  over  the  selection  of  five  new  justices  for  the  Supreme  Court.  As  a  re- 
sult of  this  struggle  over  judicial  versus  executive  authority,  President  Levari  re- 
signed in  early  December,  and  the  Prime  Minister's  own  candidate  was  elected  to 
the  presidency  on  December  31.  Also  in  December,  a  ten-judge  Supreme  Court  panel 
deprived  the  Chief  Justice  of  his  position  and  a  new  (jhiei  Justice  was  sworn  in. 
Some  observers  fear  that  this  confrontation  damaged  the  prestige  and  independence 
of  the  judiciary.  The  Constitution  provides  for  an  independent  judiciary;  however, 
it  is  suDJect  to  executive  branch  influence. 

Responsibility  for  internal  security  rests  primarily  with  the  police,  although  para- 
military forces,  such  as  the  Rangers  and  Frontier  Constabulary,  are  called  in  to  pro- 
vide additional  support  in  areas  where  law  and  order  problems  are  especially  acute, 
such  as  Karachi  and  the  frontier  areas.  Provincial  governments  control  the  police 
and  paramilitary  forces  when  they  are  assisting  in  Taw  and  order  operations.  The 
army  is  also  occasionally  deployed  to  assist  in  maintaining  public  order  in  sensitive 
areas  during  certain  religious  holidays.  Members  of  the  security  forces  committed 
numerous  serious  human  rights  abuses. 

Pakistan  is  a  poor  country,  with  great  extremes  in  the  distribution  of  wealth  be- 
tween social  classes.  Its  per  capita  annual  income  is  $470,  and  its  rate  of  illiteracy 
is  extremely  high,  esj)ecially  among  women.  The  economy  includes  both  state-run 
and  private  industries  and  financial  institutions.  The  Constitution  provides  for  the 
right  of  private  businesses  to  operate  freely  in  most  sectors  of  the  economy.  The 
Government  has  taken  some  steps  in  pursuit  of  economic  reforms,  emphasizing  the 
privatization  of  government-owned  financial  institutions,  industrial  units,  and  utili- 
ties. Cotton,  textiles  and  apparel,  rice,  and  leather  products  are  the  principal  ex- 
ports. 

The  Government's  human  rights  record  remained  poor,  with  serious  problems  re- 
garding police  abuse,  religious  discrimination,  and  child  labor.  Police  conunitted  nu- 
merous extrajudicial  killings  and  tortured,  abused,  and  raped  citizens  and  in  many 
cases  were  not  brought  to  justice.  Prison  conditions  remained  poor,  and  police  arbi- 


1673 

trarily  arrested  and  detained  citizens.  Since  the  dismissal  of  the  Pakistan  People's 
Party  (PPP)  government  of  Benazir  Bhutto  by  President  Leghari  in  November  1996, 
both  the  caretaker  government  and  later  the  elected  Nawaz  Sharif  government  took 
some  steps  to  end  human  rights  abuses  by  police  and  paramilitary  To rces.  However, 
in  general,  police  continued  to  commit  serious  abuses  with  impunity.  In  Karachi,  for 
example,  there  have  been  few  verified  reports  of  extrajudicial  killing  by  security 
forces,  though  representatives  of  the  Muttahida  Quami  Movement  (MQM)  charge 
that  their  party  continues  to  be  targeted  by  the  security  forces.  The  Government  has 
sometimes  used  the  "accountability"  process — by  which  the  present  Government 
hopes  to  expose  previous  wrongdoing,  recoup  ill-gotten  gains,  and  restore  public  con- 
fidence in  government  institutions — for  political  purposes  by  arresting  a  number  of 
prominent  politicians  and  bureaucrats  connected  with  the  main  opposition  party. 
Few  of  those  arrested  and  questioned  have  been  put  on  trial.  Case  backlogs  lead 
to  long  delays  in  trials,  and  lengthy  pretrial  detention  is  common.  The  judiciary  is 
subject  to  executive  influence,  and  suffers  from  inadequate  resources,  inefficiency, 
and  corruption.  Sectarian  strife  in  Punjab  province  and  politically-motivated  vio- 
lence in  Karachi  prompted  the  Government  in  August  to  pass  a  law  creating  a  sys- 
tem of  Special  Courts  to  try  persons  accused  of  terrorism  and  other  "heinous 
crimes."  Human  rights  advocates,  opposition  leaders,  and  others  criticized  the  law, 
charging  that  it  violates  the  Constitution  by  setting  up  a  parallel  judicial  system 
charged  with  deciding  cases  in  truncated  time  periods  (7  days)  and  by  granting  the 
police  extraordinary  powers  that  threaten  individual  liberties.  The  Government  in- 
fringed on  citizens'  privacy  rights.  Although  the  press  largely  publishes  freely,  jour- 
nalists practice  self-censorship  and  the  broadcast  media  remain  a  closely-controlled 
government  monopoly.  The  Government  imposes  limits  on  the  freedom  of  assembly, 
movement,  and — for  the  Ahmadis  in  particular — religion. 

Political  groups,  including  rival  Sunni  and  Shi'a  sectarian  extremists  and  the 
MQM  and  their  opponents,  were  responsible  for  killings,  while  religious  zealots  con- 
tinued to  discriminate  against  and  persecute  religious  minorities,  particularly 
Ahmadis  and  Christians,  basing  their  activities  in  part  on  legislation  that  discrimi- 
nates against  non-Muslims.  Govemment-iniposed  procedural  changes  have  made  the 
registration  of  blasphemy  charges  more  difticult.  Nonetheless,  three  Ahmadis  were 
convicted  under  the  blasphemy  law  during  the  year  and  a  number  of  people  are  still 
facing  trial.  Religious  and  ethnic -based  rivalries  resulted  in  numerous  murders  and 
civil  disturbances.  Traditional  social  and  legal  constraints  kept  women  in  a  subordi- 
nate position  in  society.  They  continued  to  be  subjected  to  violence,  abuse,  rape, 
trafficking,  and  other  forms  of  degradation  by  their  spouses  and  members  of  society 
at  large.  Violence  against  children,  as  well  as  child  abuse  and  prostitution,  remained 
problems.  Female  children  still  lag  far  behind  boys  in  education,  health  care,  and 
other  social  benefits.  The  Government  and  employers  continued  to  restrict  worker 
rights  significantly.  Bonded  labor  by  both  adults  and  children  remained  a  problem. 
The  use  of  child  labor  remained  widespread,  although  it  is  now  generally  recognized 
as  a  serious  problem  and  industrial  exporters  have  adopted  a  number  of  measures 
to  eliminate  child  labor  from  specific  sectors. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Police  professionalism  is  low.  The 
extrajudicial  killing  of  criminal  suspects,  often  in  the  form  of  deaths  in  police  cus- 
tody or  staged  encounters  in  which  the  police  shoot  and  kill  the  suspects,  is  com- 
mon. In  September  the  Prime  Minister  took  note  of  the  number  of  individuals  killed 
while  in  police  custody  and  called  on  the  Punjab  chief  minister — who  is  the  Prime 
Minister's  brother — to  crack  down  on  police  torture.  Rival  political  groups  use  police 
to  kill  each  other's  activists  in  such  fake  encounters  and  criminal  organizations  use 
police  to  kill  members  of  rival  organizations,  in  a  similar  fashion.  Suspected  crimi- 
nals are  murdered  by  the  police  to  prevent  them  from  implicating  police  in  crimes 
during  court  proceedings.  Police  officials  maintain  in  private  that  due  to  the  lack 
of  concrete  evidence,  witness  intimidation,  corruption  in  the  judiciary,  and  some- 
times political  pressure,  courts  often  fail  to  punish  criminals  involved  in  serious 
crimes.  The  police  view  the  killings  of  criminal  suspects  as  appropriate  in  light  of 
the  lack  of  action  by  the  judiciary  against  criminals.  The  judiciary,  on  the  other 
hand,  faults  the  police  for  presenting  weak  cases  that  do  not  stand  up  in  court. 

Police  officers  are  occasionally  transferred  or  brieny  suspended  for  their  involve- 
ment in  extrajudicial  killings.  However,  court-ordered  inquiries  into  these  murders 
have  failed  to  result  in  any  police  officer  receiving  criminal  punishment,  though  sev- 
eral have  recently  been  charged  with  criminal  offenses  in  such  cases.  In  May  and 
June,   Lahore  police  killed  several  notorious  alleged  criminals,   including  Snahid 


1674 

Butt,  wanted  in  a  number  of  murders,  robberies  and  kidnapings.  The  police  claimed 
that  Shahid  was  killed  in  a  shootout  after  running  a  roadblock  on  May  31.  Sh^id's 
family  claims  that  he  was  in  police  custody  for  4  days  before  he  was  shot.  The  police 
who  took  part  in  the  alleged  encounter  were  rewarded  with  cash  prizes  and  pro- 
motions. 

In  one  of  many  examples  of  police  murders,  Mohammad  Ali,  age  27,  was  tortured 
and  killed  by  Punjab  police  in  the  early  morning  hours  of  July  27,  according  to  the 
Human  Rights  Commission  of  Pakistan.  His  legs  had  been  crushed,  evidently  by 
some  sort  of  roller,  and  his  torso  was  marked  by  numerous  wounds.  After  a  day  and 
a  half  of  torture,  police  dumped  his  body  at  Sahiwal  hospital  where  an  alert  staff 
member  challenged  the  police.  Although  seven  ofilcers  were  arrested  for  the  murder, 
actual  criminal  punishment  of  the  officers  is  considered  unlikely,  according  to 
human  rights  advocates.  Police  torture  was  common  and  resulted  in  other  deaths 
(see  Section  I.e.). 

The  death  while  in  police  custody  of  an  alleged  goat  thief,  Muhammed  Islam, 
spariced  a  series  of  violent  protests  against  police  cruelty  in  Lahore  in  September. 
According  to  press  reports,  Islam's  family  alleged  that  police  tortured  Islam  to  death 
during  interrogation,  while  the  police  maintained  that  Islam  had  committed  suicide 
by  hanging  himself.  A  post-mortem  report  found  evidence  of  torture  on  Islam's  body, 
but  did  not  mention  the  cause  of  death.  In  the  wake  of  protests  by  residents  of  the 
area  and  activists  of  the  Islamist  political  party  Jamaat-I-Islami's  youth  wing,  the 
police  arrested  a  police  sub-inspector  and  a  constable  on  charges  of  murder. 

PPP  party  members  demonstrated  in  Karachi  in  September  to  protest  the  killing 
of  a  PPP  activist  who  was  shot  by  police.  The  victim,  Abdul  Karim  Khaskali,  report- 
edly was  picked  up  by  police  while  on  his  way  to  donate  blood.  The  police  initially 
claimed  that  Khaskali  was  shot  while  trying  to  escape  from  custody,  out  they  later 
arrested  a  head  constable  on  murder  charges. 

At  times  police  used  excessive  force  against  demonstrators.  For  instance,  two  peo- 
ple were  shot  and  killed  by  police  at  the  Prime  Minister's  appearance  at  50th  anni- 
versary celebrations  in  Karachi  at  the  mausoleum  of  Pakistan's  founder,  Muham- 
mad Ali  Jinnah,  when  crowds  pressed  against  the  Prime  Minister's  entourage. 

Karachi  remained  a  hotbed  of  politically-motivated  violence,  although 
extrajudicial  killings  by  security  forces  there  diminished,  after  the  MQM  became  a 
coalition  partner  in  the  state  government.  Tensions  between  the  federal  and  provin- 
cial governments  and  the  MQM  continued,  despite  the  fact  that  the  MQM  became 
a  coalition  partner  with  the  Pakistan  Muslim  League  (PML)  both  in  the  Sindh  Gov- 
ernment and  the  federal  Government,  and  now  holds  half  the  cabinet  positions  in 
Sindh  and  one  minister  in  the  federal  government.  The  MQM  was  formed  in  1984 
as  a  response  to  a  set  of  real  and  perceived  political  grievances  on  the  part  of  the 
Mohajirs,  Urdu-speaking  Muslims  who  migrated  from  India  to  Pakistan  following 
partition  in  1947,  and  their  descendants.  The  MQM,  in  part  because  of  its  successful 
organizational  structure  and  its  willingness  to  use  violence  and  intimidation  to  fur- 
ther its  ends,  grew  to  become  the  dominant  political  party  in  urban  Sindh,  sweeping 
to  power  in  November  1987  local  elections  in  Karachi  and  Hyderabad.  Relations  be- 
tween the  MQM  and  the  Government  have  been  contentious  and  often  violent  ever 
since. 

After  the  formation  of  the  new  Sindh  government  in  February,  MQM  hopes  that 
the  paramilitary  Rangers  would  return  to  their  barracks  were  thwarted,  and  a 
build-up  of  Ranger  forces  was  ordered,  despite  criticism  from  the  MQM,  which  be- 
lieved itself  to  be  the  Rangers'  chief  target.  The  Government  has  constituted  a  com- 
mittee of  PML  and  MQM  leaders  to  investigate  extrajudicial  killings  and  missing 
MQM  workers,  but  there  has  been  little  progress  in  the  investigations.  Impunity  of 
security  forces  and  police  personnel  remains  a  problem. 

On  November  12,  four  U.S.  citizen  employees  of  Union  Texas  Pacific,  along  with 
their  Pakistani  driver,  were  shot  and  killed  while  traveling  to  the  company's  head- 
quarters in  Karachi.  No  one  has  claimed  responsibility  for  the  killings,  and  exten- 
sive investigations  have  failed  to  establish  any  motives  or  suspects.  On  September 
17,  five  Iranian  air  force  personnel  and  their  Pakistani  driver  were  killed  at  a  busy 
intersection  in  Rawalpindi.  The  radical  Sunni  organization  Lashkar-I-Jhangvi 
claimed  responsibility  for  the  killings.  A  number  of  arrests  have  been  made  in  con- 
nection with  the  case,  but  it  is  not  yet  clear  whether  those  who  have  been  arrested 
will  be  charged  with  carrying  out  the  murders. 

Asif  Ali  Zardari,  husband  of  former  Prime  Minister  Benazir  Bhutto,  is  on  trial  for 
the  murder  of  Benazir  Bhutto's  brother,  Murtaza  Bhutto.  The  trial  is  talking  place 
in  closed  session  at  the  Karachi  iail.  In  March  Zardari  was  elected  to  the  Senate 
on  the  PPP  ticket  but  was  not  allowed  to  take  the  oath  of  office  until  December, 
when  the  Sindh  High  Court  decided  that  he  should  be  allowed  to  take  his  seat  in 


1675 

the  Senate.  He  is  to  attend  future  Senate  sessions  under  guard  and  is  to  be  housed 
in  a  jail  in  Rawalpindi  during  the  sessions. 

b.  Disappearance. — There  were  no  confirmed  cases  of  politically  motivated  dis- 
appearances. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
Although  expressly  forbidden  by  the  Constitution  and  the  Penal  Code,  torture  and 
other  cruel,  inhuman,  or  degrading  treatment  by  police  remained  common  practice. 
Police  routinely  use  force  to  elicit  confessions.  Authorities  suggest  that  because  of 
the  widespread  use  of  physical  torture  by  the  police,  suspected  criminals  usually 
confess  to  the  crimes  with  which  they  are  charged  regardless  of  their  guilt  or  inno- 
cence; subsequently,  many  such  confessions  are  thrown  out  by  the  courts. 

Common  torture  methods  include:  beating,  burning  with  cigarettes,  whipping  the 
soles  of  the  feet,  sexual  assault,  prolongea  isolation,  electric  shock,  denial  oi  food 
or  sleep,  hanging  upside  down,  forced  spreading  of  the  legs,  and  public  humiliation. 
Some  magistrates  help  cover  up  the  abuse  by  issuing  investigation  reports  stating 
that  the  victims  died  of  natural  causes.  According  to  press  reports,  in  August  two 
men  died  while  in  police  custody  in  Hyderabad.  Doctors'  reports  stated  that  the 
deaths  were  due  to  torture.  Police  torture  resulted  in  other  deaths  (see  Section  l.a.). 
In  September  the  Rawalpindi  bench  of  the  Laihore  High  Court  directed  the  police 
to  file  charges  against  nine  policemen  who  allegedly  detained  and  tortured  a  man 
charged  with  thert.  According  to  the  first  incident  report  (FIR) — an  official  document 
that  initiates  a  criminal  investigation — the  man  was  held  for  6  days,  during  which 
time  he  was  hung  upside  down  and  repeatedly  tortured  by  constables. 

On  April  28,  Mohammad  Ayyaz  Baluch  was  arrested  at  his  Islamabad  home  by 
Pakistani  authorities.  There  is  evidence  that  he  was  tortured  in  custody  prior  to  his 
trial  and  conviction  by  a  military  court. 

The  overall  failure  of  successive  governments  to  prosecute  and  punish  abusers  is 
the  single  greatest  obstacle  to  endmg  or  even  reducing  the  incidence  of  abuse  by 
the  police.  The  authorities  sometimes  transferred,  suspended,  or  arrested  offending 
officers,  but  seldom  prosecuted  or  punished  them.  Investigating  officers  generally 
shield  their  colleagues.  Amnesty  International  (AI)  estimates  that  up  to  100  people 
die  from  police  torture  each  year. 

The  Anti-Terrorism  Law  passed  in  August  allows  confessions  obtained  while  in 
police  custody  to  be  used  to  convict  defendants  in  the  new  "special  courts."  Human 
rights  organizations  and  the  press  have  criticized  this  provision  of  the  law,  as  it  is 
commonly  believed  that  the  police  regularly  torture  suspects.  However,  the  law  stip- 
ulates that  the  confession  must  be  taken  by  a  police  officer  not  below  the  rank  of 
deputy  superintendent  and  that  the  court  may  require  a  videotape  of  the  confession. 

In  general,  due  to  greater  scrutiny  by  nongovernmental  organizations  (NGO's)  and 
media  attention,  as  well  as  more  freauent  and  thorough  prison  inspections,  torture 
and  abuse  is  less  common  in  prisons  tnan  it  is  in  police  stations. 

Police  and  prison  officials  frequently  use  the  threat  of  abuse  to  extort  money  from 
prisoners  ana  their  families.  Police  accept  money  for  registration  of  cases  on  false 
charges  and  may  torture  innocent  citizens.  People  pay  police  to  humiliate  their  op- 
ponents and  to  avenge  their  personal  grievances. 

In  the  past,  successive  governments  recruited  police  officers  in  violation  of  consid- 
erations of  merit  and  the  department's  regulations.  In  some  instances,  recruits  had 
criminal  records.  In  July  Punjab  province  chief  minister  Shahbaz  Sharif  declared  his 
own  police  were  "corrupt  and  inefficient."  He  appointed  new  senior  ofiicers  to  im- 
prove effectiveness,  while  resisting  pressure  to  appoint  those  recommended  by  influ- 
ential supporters  to  police  positions. 

It  is  commonly  accepted,  and  President  Leghari  has  publicly  stated,  that  police 
stations  are  sold — meaning  that  police  officials  pay  bribes  to  politicians  and  senior 
officials  in  the  department  in  order  to  get  posted  to  the  police  stations  of  their 
choice.  They  then  recoup  their  investments  by  extorting  money  from  the  citizenry. 

Special  women's  police  stations  were  established  in  1994  in  response  to  growing 
numbers  of  complaints  of  custodial  abuse  of  women,  including  rape.  These  police 
stations,  staffed  oy  female  personnel,  are  provided  with  even  more  inadequate  mate- 
rial and  human  resources  than  regular  police  stations,  according  to  human  rights 
advocates.  According  to  the  Government's  own  Commission  of  Inquiry  for  Women, 
the  stations  do  not  lunction  independently  or  fulfill  their  purpose.  Despite  court  or- 
ders and  regulations  requiring  that  female  suspects  be  interrogated  only  by  female 
police  officers,  women  continued  to  be  detained  overnight  at  regular  police  stations 
and  abused  by  male  officers.  In  a  study  of  Lahore  newspapers  from  January  to  July, 
the  Commission  of  Inquiry  for  Women  found  52  cases  of  violence  or  torture  of 
women  while  in  police  custody.  A  particularly  brutal  example  of  such  abuse  involved 
a  16-year-old  girl  who  was  suspected  of  helping  a  woman  run  away  from  home.  Two 
reliable  human  rights  organizations  report  that  the  girl  was  gang-raped  by  police 


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and  relatives  of  the  missing  woman,  after  which  hot  chilies  were  forced  inside  her 
vagina.  In  another  incident  involving  police  misconduct  with  women,  the  Prime  Min- 
ister ordered  an  inquiry  into  a  report  that  the  Secretariat  police  station  had  kept 
a  woman,  Shamim  Akhtar,  in  custody  for  3  days  in  July,  allegedly  for  helping  her 
husband  in  a  car  theft.  Akhtar  was  reportedly  tortured  and  paraded  naked  around 
the  police  station  before  being  presented  in  court,  which  subsequently  released  her 
on  bail.  Instances  of  abuse  of  women  in  prisons  are  less  frequent  than  in  police  sta- 
tions (see  Section  5). 

The  Hudood  Ordinances,  promulgated  by  the  central  martial  law  government  in 
1979,  were  an  attempt  to  make  the  Penal  Code  more  Islamic.  These  ordinances  pro- 
vide for  harsh  punishments  for  violations  of  Islamic  law,  or  Shari'a,  including  death 
by  stoning  for  unlawful  sexual  relations  and  amputation  for  some  other  crimes. 
Tnese  Koranic  penalties — known  as  Hadd  punishments — require  a  high  standard  of 
evidence.  In  effect,  four  adult  Muslim  men  of  good  character  must  witness  an  act 
for  a  Hadd  punishment  to  apply.  In  18  years,  not  a  single  Hadd  punishment  has 
been  carried  out.  However,  on  the  basis  of  lesser  evidence,  ordinary  punishments 
such  as  jail  terms  or  fines  may  be  imposed.  From  1979  to  1995,  over  1  million 
Hudood  cases  were  filed  with  the  police,  and  300,000  have  been  heard  by  the  courts. 
The  laws  are  applied  to  Muslims  and  non-Muslims  alike. 

Women  are  frequently  charged  under  the  Hudood  laws  on  sexual  misconduct,  such 
as  adultery.  Approximately  one-third  of  the  women  in  Lahore  central  jail  are  await- 
ing trial  for  adultery.  Most  women  tried  under  the  ordinance  are  acquitted,  but  the 
stigma  of  having  been  jailed  for  adultery  is  severe.  A  Hudood  law  meant  to  deter 
false  accusations  is  weakly  enforced  and  one  human  rights  monitor  claimed  that  80 
percent  of  all  adultery-  related  Hudood  cases  are  filed  without  any  supporting  evi- 
dence. According  to  Amnesty  International,  men  accused  of  rape  are  sometimes  ac- 
quitted and  released  while  their  victims  are  held  on  adultery  cnarges.  The  Commis- 
sion of  Inquiry  for  Women  has  recommended  that  the  Hudood  laws  be  repealed,  as 
thev  are  based  on  an  erroneous  interpretation  of  Shari'a  (see  Section  5). 

FVison  conditions  are  poor.  Overcrowding  is  a  major  problem,  and  the  Law  Com- 
mission estimates  that  almost  every  jail  in  the  country  has  three  times  more  pris- 
oners than  its  nominal  capacity.  For  example,  according  to  the  Pakistan  Law  (Jom- 
mission's  report  on  jail  reform,  issued  in  August,  Pakistan's  jails  have  a  capacity 
of  34,014  prisoners,  but,  as  of  mid- 1996,  they  held  74,483  convicted  and  "under 
trial"  prisoners.  In  addition,  according  to  a  report  issued  by  the  Punjab  Prisons  De- 

fiartment  in  June,  52,826  prisoners  (including  928  women)  were  being  held  in  28 
acilities  with  a  capacity  of  17,271.  The  Karachi  central  jail  houses  4,700  prisoners, 
though  its  capacity  is  only  1,000.  According  to  press  reports,  only  391  of  these  pris- 
oners have  been  convicted,  while  the  rest  are  either  awaiting  trial  or  pursuing  ap- 
peals. 

There  are  three  classes  (A,  B,  and  C)  of  prison  facilities.  Class  "C"  cells  generally 
hold  common  criminals  and  those  in  pretrial  detention.  Such  cells  often  have  dirt 
floors,  no  furnishings,  and  poor  food.  The  use  of  handcuffs  and  fetters  is  common. 
Prisoners  in  these  cells  reportedly  suffer  the  most  abuse,  such  as  beatings  and  being 
forced  to  kneel  for  long  periods.  Conditions  in  "B"  and  "A"  cells  are  markedly  better 
with  prisoners  in  "A"  cells  permitted  to  have  servants,  special  food,  and  televisions. 
The  authorities  reserve  "A  cells  for  prominent  persons.  Especially  prominent  indi- 
viduals— including  some  political  figures — are  sometimes  held  under  house  arrest 
and  permitted  to  receive  visitors.  The  (government  announced  in  September  that  im- 
prisoned women  who  are  not  facing  criminal  charges  have  been  transferred  to  "B" 
cells. 

The  Government  permits  prison  visits  bv  human  rights  monitors. 

There  were  reports  that  wealthy  landlords  or  political  parties  operated  private 
jails.  Many  such  jails  are  believed  to  exist  in  tribal  and  feudal  areas  and  one  press 
report  stated  that  as  many  as  50  private  jails  were  being  maintained  by  landlords 
in  lower  Sindh.  Some  of  the  prisoners  reportedly  have  been  held  in  them  for  many 
years.  An  investigation  by  an  English-language  daily  in  September  uncovered  a  pri- 
vate torture  cell,  allegedly  run  by  an  assistant  sub-inspector  (ASI)  of  police,  in  which 
victims;  none  of  whom  were  charged  with  crimes,  were  held  and  tortured  in  order 
to  extort  money  from  them  and  their  families.  The  ASI  and  one  of  his  constables 
subsequently  were  suspended  by  the  Punjab  inspector  general  of  police. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — The  law  regulates  arrest  and  detention 
procedures;  however,  the  authorities  do  not  always  comply  with  the  law.  The  law 
permits  a  Deputy  Commissioner  (DC)  of  a  local  district  to  order  detention  without 
charge  for  30  days  of  persons  suspected  of  threatening  public  order  and  safety.  The 
DC  may  renew  detention  in  30-day  increments,  up  to  a  total  of  90  days.  Human 
rights  monitors  report  that  there  have  been  instances  in  which  prisoners  jailed 
under  the  Maintenance  of  Public  Order  Act  have  been  imprisoned  for  up  to  6 


1677 

months  without  charge.  For  other  criminal  offenses,  the  police  may  hold  a  suspect 
for  24  hours  without  charge.  After  the  prisoner  is  produced  before  a  magistrate,  the 
court  can  grant  permission  for  continued  detention  for  a  maximum  period  of  14  days 
if  the  police  provide  material  proof  that  this  is  necessary  for  an  investigation. 
Police  may  arrest  individuals  on  the  basis  of  a  FIR  filed  by  a  complainant.  The 

ftolice  have  been  known  to  file  FER's  without  supporting  evidence.  FIR's  are  thus 
requently  used  to  harass  or  intimidate  individuals.  Charges  against  an  individual 
may  also  be  based  on  a  "blind"  FIR,  which  lists  the  perpetrators  as  "person  or  per- 
sons unknown."  If  the  case  is  not  solved,  the  FIR  is  placed  in  the  inactive  file.  When 
needed,  a  FIR  is  reactivated  and  taken  to  a  magistrate  by  the  police,  who  then 
name  a  suspect  and  ask  that  the  suspect  be  remanded  for  14  days  while  they  inves- 
tigate further.  After  14  days,  the  case  is  dropped  for  lack  of  evidence,  but  another 
FIR  is  then  activated  and  brought  against  tne  accused.  In  this  manner,  rolling 
charges  can  be  used  to  hold  a  suspect  in  continuous  custody. 

If  the  police  can  provide  material  proof  that  detention  (physical  remand  or  police 
custody  for  the  purpose  of  interrogation)  is  necessary  for  an  investigation,  a  court 
may  extend  detention  for  a  total  0114  days.  Such  proof,  however,  may  be  little  more 
than  unsubstantiated  assertions  by  the  police.  In  practice,  the  authorities  do  not 
fully  observe  the  limits  on  detention.  Police  are  not  required  to  notify  anyone  when 
an  arrest  is  made  and  oft«n  hold  detainees  without  charge  until  they  are  challenged 
by  a  court.  The  police  sometimes  detain  individuals  arbitrarily  without  charge,  or 
on  false  charges,  in  order  to  extort  payment  for  their  release.  Human  rights  mon- 
itors report  that  a  number  of  police  stations  have  secret  detention  cells  in  which  in- 
dividuals are  kept  while  the  police  bargain  for  a  higher  price  for  their  release.  There 
are  also  reports  that  the  police  move  prisoners  from  one  police  station  to  another 
if  they  suspect  a  surprise  visit  by  higher  authorities.  Some  women  continue  to  be 
arbitrarily  detained  and  sexually  abused  (see  Section  I.e.).  Police  also  detain  rel- 
atives of  wanted  criminals  in  order  to  compel  suspects  to  surrender  (see  Section 
l.f.).  The  law  stipulates  that  detainees  must  be  brought  to  trial  within  30  days  of 
their  arrest.  However,  in  many  cases  trials  do  not  start  until  about  6  months  after 
the  filing  of  charges. 

The  Government  permits  visits  by  human  rights  monitors  and  family  members 
and  lawyers.  However,  in  some  cases,  authorities  refuse  family  visits  and  in  some 
police  stations  people  are  expected  to  pay  bribes  in  order  to  visit  a  prisoner. 

The  Federally  Administered  Tribal  Areas  (FATA)  have  a  separate  legal  system, 
the  Frontier  Crimes  Regulation  (FCR),  which  recognizes  the  doctrine  of  collective  re- 
sponsibility. Authorities  are  empowered  to  detain  the  fellow  members  of  a  fugitive's 
tribe,  or  to  blockade  the  fugitive's  village,  pending  his  surrender  or  punishment  by 
his  own  tribe  in  accordance  with  local  tradition.  Tne  Government  continued  to  exer- 
cise such  authority,  repeatedly,  during  the  year.  For  example,  in  July  in  an  effort 
to  resolve  a  kidnapping,  government  authorities  in  Bajaur  Agency  detained  a  17- 
year-old  boy  who  had  no  connection  to  the  alleged  crime.  The  boy's  father  appealed 
to  the  Prime  Minister  in  an  effort  to  obtain  the  release  of  his  son.  In  ouier  in- 
stances, in  July  and  August,  the  Government  used  this  authority  in  Khyber  Agency 
to  find  "proclaimed  offenders"  who  had  sought  refuge  in  this  tribal  agency.  The  Gov- 
ernment demolished  the  houses  of  several  alleged  criminals. 

However,  in  April  the  Government  issued  an  amendment  to  the  FCR  that  allows 
residents  of  the  FATA  to  appeal  decrees,  sentences,  and  other  acts  of  the  pwlitical 
agent.  As  of  September  10,  Hundreds  of  appeals  of  political  agents'  decisions  had 
been  lodged. 

The  (jovemment  sometimes  uses  mass  arrests  to  quell  civil  unrest.  Sectarian  vio- 
lence in  the  Punjab  caused  the  Government  on  several  occasions  to  round  up  hun- 
dreds of  members  of  extremist  groups  and  students  at  religious  schools  believed  to 
be  terrorist  recruiting  centers  and  training  grounds.  Police  also  arrested  demonstra- 
tors, including  members  of  religious  minorities  and  political  parties  (see  Section 
2.b.). 

The  Accountability  Commission  established  by  the  caretaker  government  and 
headed  by  a  retired  judge  has  been  overshadowed  by  an  "accountability  cell"  headed 
by  a  close  associate  of  the  Prime  Minister.  This  cell  has  been  accused  of  conducting 

fjolitically-motivated  investigations  of  politicians,  senior  civil  servants,  and  business 
igures,  designed  to  extract  evidence  and  in  some  cases,  televised  confessions  of  al- 
leged wrongdoers.  Some  examples  of  televised  confessions  included  Salman  Farooqi, 
Secretary  of  Commerce  under  Benazir  Bhutto;  Ahmed  Sadiq,  Benazir  Bhutto's  prin- 
cipal secretary;  and  Zafar  Iqbal,  chairman  of  the  Capital  Development  Authority. 

Most  politicians  and  bureaucrats  who  have  been  charged  with  corruption  or  other 
crimes  are  out  on  bail  (in  addition  to  murder,  Benazir  Bhutto's  husband,  Asif 
Zardari,  has  also  been  charged  with  corruption).  The  MQM  contends  that  several 
thousand  of  its  members  are  still  in  jail  on  politically-motivated  charges  which  date 


1678 

from  the  1992-96  period.  The  Government  is  supposed  to  be  reviewing  the  cases  of 
these  imprisoned  individuals  (most  of  whom  are  awaiting  trial)  to  see  if  they  can 
be  released.  To  date,  few  of  them  have  been  released. 

The  Government  does  not  use  forced  exile. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, however,  in  practice,  the  judiciary  is  subject  to  political  influence.  Nonethe- 
less, during  the  course  of  1996—1997  the  judiciary  vigorously  asserted  its  authority 
in  a  number  of  disputes  with  the  executive  branch.  The  Government's  power  was 
further  enhanced  by  the  constitutional  confrontation  between  the  Prime  Minister 
and  the  Chief  Justice  over  the  selection  of  five  new  justices  for  the  Supreme  Court. 
As  a  result  of  this  struggle  over  judicial  versus  executive  authority,  President 
Leghari  resigned  in  early  December,  and  the  Prime  Minister's  own  candidate  was 
elected  to  the  presidency  on  December  31.  Also  in  December,  a  ten-judge  Supreme 
Court  panel  deprived  the  Chief  Justice  of  his  position  and  a  new  Chief  Justice  was 
sworn  in.  Some  observers  fear  that  this  confrontation  damaged  the  prestige  and 
independence  of  the  judiciary.  Low  salaries,  inadequate  resources,  heavy  workloads, 
and  corruption  contribute  to  judicial  inefficiency,  particularly  in  the  lower  courts. 

The  judicial  system  involves  several  different  court  systems  with  overlapping  and 
sometimes  competing  jurisdictions.  There  are  civil  and  criminal  systems  with  special 
courts  for  high-profile  cases,  as  well  as  the  federal  Shari'a  appeals  courts  for  certain 
Hudood  offenses.  The  appeals  process  in  the  civil  system  is:  civil  court,  district 
court.  High  Court,  and  the  Supreme  Court.  In  the  criminal  system,  the  progression 
is  magistrate,  sessions  court,  High  Court,  and  the  Supreme  Court. 

Special  terrorist  courts  began  operation  in  Punjab  in  August.  These  courts,  de- 
signed for  speedy  punishment  of  terrorist  suspects,  have  special  streamlined  proce- 
dures. The  new  Anti-Terrorism  Law,  under  which  the  courts  were  established,  sanc- 
tions the  death  penalty  for  "terrorist  acts",  which  are  defined  very  broadly,  that 
cause  the  death  of  any  person,  and  jail  sentences  of  7  years  to  life  for  other  terrorist 
acts.  Acts,  including  speech,  intended  to  stir  up  religious  hatred  are  punishable  by 
up  to  7  years'  rigorous  imprisonment.  Cases  are  supposed  to  be  decided  within  7 
working  days,  and  trials  in  absentia  are  permitted.  Appeals  to  an  appellate  tribunal 
are  also  required  to  take  no  more  than  7  days.  Bail  is  not  to  be  granted  if  the  court 
has  reasonable  grounds  to  believe  the  accused  is  guilty.  Those  charged  with  offenses 
committed  prior  to  the  date  of  the  act  are  subject  to  the  special  courts,  but  can  only 
receive  punishments  that  were  stipulated  by  laws  in  force  at  the  time  the  crime  was 
committed.  Leading  members  of  the  judiciary,  human  rights  groups,  the  press,  and 
politicians  from  a  number  of  parties  expressed  strong  reservations  about  the  new 
courts,  charging  that  they  constitute  a  parallel  judicial  system  and  could  be  used 
as  tools  of  political  repression. 

The  anti-terrorist  courts  are  also  empowered  to  try  people  accused  of  particularly 
"heinous"  crimes,  such  as  gang  rape  and  murders  that  are  not  terrorist-related.  In 
September,  for  example,  an  anti-terrorist  court  in  Faislabad  sentenced  a  man  to 
death  for  killing  seven  members  of  his  own  family.  In  addition,  the  Punjab  Advocate 
General  on  September  9  told  the  Lahore  High  Court  bench  that  all  cases  filed  under 
Section  295  oi  the  Penal  Code  (the  so-called  blasphemy  law)  would  be  transferred 
to  the  special  courts.  Human  rights  advocates  fear  that  if  this  occurs,  alleged  blas- 
phemers who  in  the  past  were  normally  granted  bail  or  released  for  lack  of  evidence 
are  likely  to  be  convicted,  given  the  less  stringent  rules  of  evidence  required  under 
the  Anti-Terrorism  Act.  In  Punjab  province — where  the  bulk  of  the  anti-terrorist 
courts  are  located  and  where  the  vast  majority  of  sectarian-related  cases  are  being 
tried — 146  sectarian-related  cases  were  referred  to  the  courts,  but  only  13  have  been 
decided.  In  those  13  cases,  two  death  sentences  were  handed  down,  three  sentences 
of  life  imprisonment  were  given,  and  there  were  eight  acquittals.  A  total  of  1311 
non-sectarian  cases  were  turned  over  to  the  anti-terrorist  courts  in  Punjab,  but  only 
146  had  been  decided  by  year's  end.  No  death  sentences  have  been  carried  out  by 
year's  end. 

Following  the  historic  March  1996  judgment  of  the  Supreme  Court  curtailing  pow- 
ers of  the  executive  to  appoint  and  transfer  judges  of  the  superior  courts,  the  judici- 
ary has  been  asserting  its  authority  more  aggressively.  However,  the  confrontation 
between  the  Prime  Minister  and  the  Chief  Justice  which  resulted  in  the  removal 
of  Sajjad  Ali  Shah  as  Chief  Justice  is  widely  viewed  as  a  setback  to  the  cause  of 
judicial  independence. 

In  August  a  commission  chaired  by  Supreme  Court  Chief  Justice  Sajjad  Ali  Shah 
opposed  the  establishment  of  "a  parallel  system"  of  special  anti-terrorist  courts.  Also 
in  August,  taking  note  of  ongoing  sectarian  violence  and  the  (jovernment's  failure 
to  control  it,  the  Chief  Justice  summoned  administrators  and  leaders  of  various  Is- 
lamic sects  to  discuss  ways  to  quell  the  violence.  The  judiciary  has  argued  that  it 


1679 

has  not  been  able  to  try  and  convict  terrorist  suspects  speedily  because  of  poor  po- 
lice casework,  prosecutorial  negligence,  and  the  resulting  lack  of  evidence. 

The  civil  judicial  system  provides  for  an  open  trial,  presumption  of  innocence, 
cross-examination  by  an  attorney,  and  appeal  of  sentences.  Attorneys  are  appointed 
for  indigents  only  in  capital  cases.  There  are  no  jury  trials.  Due  to  the  limited  num- 
ber of  judges,  the  heavy  backlog  of  cases,  and  lengthy  court  procedures,  cases  rou- 
tinely take  years,  although  defendants  are  required  to  make  frequent  court  appear- 
ances. Under  both  the  midood  and  standard  criminal  codes,  there  are  bailable  and 
nonbailable  offenses.  According  to  the  Criminal  Procedures  Code,  the  accused  in 
bailable  offenses  must  be  granted  bail.  The  Code  also  stipulates  that  those  accused 
in  nonbailable  offenses  should  be  granted  bail  if  the  crime  of  which  they  are  accused 
carries  a  sentence  of  less  than  10  years. 

The  federal  Shari'a  Court  and  the  Shari'a  bench  of  the  Supreme  Court  serve  as 
appeals  courts  for  certain  convictions  in  criminal  court  under  the  Hudood  Ordi- 
nances. The  Federal  Shari'a  Court  also  may  overturn  any  legislation  judged  to  be 
inconsistent  with  the  tenets  of  Islam.  However,  these  cases  may  be  appealed  to  the 
Shari'a  bench  of  the  Supreme  Court. 

The  judicial  process  continued  to  be  impeded  by  bureaucratic  infighting,  inac- 
tivity, and  the  overlapping  jurisdictions  of  the  different  court  systems.  Scores  of  po- 
sitions in  both  the  higher  and  lower  courts  remained  unfilled.  For  example,  the  La- 
hore High  Court  operates  with  only  43  judges,  though  it  is  entitled  to  have  50.  This 
shortage  is  partly  due  to  a  lack  of  money:  a  High  Court  judge  costs  the  Government 
roughly  $2,500  (approximately  100,000  rupees)  per  month,  which  includes  funds  for 
salary,  travel  allowances,  housing,  and  servants.  The  politicized  appointment  proc- 
ess also  holds  up  the  promotion  of  many  lower  court  judges  to  the  higher  courts. 

Although  the  higher  level  judiciary  is  considered  competent  and  generally  honest, 
there  are  widespread  reports  of  corruption  among  lower  level  magistrates. 

Persons  in  jau  awaiting  trial  are  sometimes  held  for  periods  longer  than  the  sen- 
tence they  would  receive  if  convicted.  For  example,  the  large  backlog  in  the  Rawal- 
pindi bench  of  the  Lahore  High  Court  delays  justice  for  citizens.  As  of  September, 
there  were  10,000  cases  pending,  with  only  a  handful  of  judges  to  review  them. 
Court  officials  report  that  each  judge  reviews  between  70  and  80  cases  per  day,  but 
action  is  taken  on  only  3  or  4  each  week.  The  Law  Ministry,  in  reply  to  a  question 
in  the  National  Assembly  in  late  September,  reported  that  there  are  over  150,000 
cases  pending  with  the  superior  judiciary,  which  includes  the  Supreme  Court  and 
the  four  provincial  high  courts.  Clogged  lower  courts  exacerbate  the  situation;  the 
majority  of  cases  in  the  high  courts  consist  of  appeals  of  lower  court  rulings.  Once 
an  appeal  reaches  the  High  Court,  there  are  furtner  opportunities  for  delay  because 
decisions  of  individual  judges  are  frequently  referred  to  panels  composed  of  two  or 
three  High  Court  judges. 

The  Penal  Code  incorporates  the  doctrines  of  Qisas  (roughly,  an  eye  for  an  eye) 
and  Diyat  (blood  money),  with  the  result  that  compensation  is  sometimes  paid  to 
the  family  of  a  victim  in  place  of  punishment  of  the  wrongdoer.  The  right  to  seek 
pardon  or  commutation  is  not  available  to  defendants  under  these  ordinances.  The 
Hudood,  Qisas,  and  Diyat  ordinances  apply  to  both  ordinary  criminal  courts  and 
Shari'a  courts.  According  to  Christian  activists,  if  a  Muslim  murders  a  non-Muslim, 
he  can  compensate  for  the  crime  by  paying  the  victim's  family  Diyat;  however,  if 
a  non-Muslim  murders  a  Muslim,  he  does  not  have  the  option  of  paying  Diyat  and 
must  serve  a  iail  sentence  or  face  the  death  penalty  for  his  crime.  Though  not  com- 
monly used,  these  doctrines  are  occasionally  applied,  particularly  in  the  NWFP.  For 
example,  in  July  a  convicted  murderer  waiting  to  be  hanged  in  the  Mardan  district 
jail  was  freed  hours  before  his  scheduled  execution.  The  family  of  the  killer  reached 
a  compromise  with  the  family  of  the  victim.  Besides  agreeing  to  other  terms  and 
conditions,  the  murderer's  family  paid  Diyat.  However,  another  person  in  the  same 
case  was  hanged,  as  no  compromise  was  reached  with  the  victim's  family. 

Appeals  of  certain  Hudood  convictions  involving  penalties  in  excess  oi  2  years'  im- 

firisonment  are  referred  exclusively  to  the  Shari'a  courts  and  are  heard  jointly  by 
slamic  scholars  and  High  Court  judges  using  ordinary  criminal  procedures.  Judges 
and  attorneys  must  be  Muslim  and  be  familiar  with  Islamic  law.  Within  these  lim- 
its, defendants  in  a  Shari'a  court  are  entitled  to  the  lawyer  of  their  choice.  There 
is  a  system  of  bail. 

The  Hudood  Ordinances  criminalize  nonmarital  rape,  extramarital  sex  (including 
adultery  and  fornication),  and  various  gambling,  alcohol,  and  property  offenses.  Of 
fenses  are  distinguished  according  to  punishment,  with  some  offenses  liable  to  Hadd 
(Koranic  punishment)  and  others  to  Tazir  (secular  punishment)  (see  Section  I.e.). 
Although  both  types  of  cases  are  tried  in  ordinary  criminal  courts,  special  rules  of 
evidence  apply  in  Hadd  cases.  For  example,  a  non-Muslim  may  not  testify  against 
a  Muslim,  but  may  testify  against  another  non-Muslim.  Likewise,  the  testimony  of 


1680 

a  woman  is  not  admissible  in  cases  involving  Hadd  punishments.  No  Hadd  punish- 
ment has  ever  been  applied  in  the  18  years  that  the  Hudood  Ordinances  have  been 
in  force.  A  woman's  testimony  regarding  financial  matters  is  not  admissible  unless 
corroborated  by  another  woman  (see  Section  5). 

There  continued  to  be  charges  that  magistrates  and  police,  under  pressure  to 
achieve  high  conviction  rates,  persuade  detainees  to  plead  guilty  without  informing 
them  of  the  consequences.  Politically  powerful  persons  also  attempt  to  influence 
magistrates'  decisions  and  have  used  various  forms  of  pressure  on  magistrates,  in- 
cluding the  threat  to  transfer  them  to  other  assignments. 

Administration  of  justice  in  the  FATA  is  normally  the  resjwnsibility  of  tribal  el- 
ders and  maliks,  or  leaders.  They  may  conduct  hearings  according  to  Islamic  law 
and  tribal  custom.  In  such  proceedings  the  accused  have  no  right  to  legal  represen- 
tation, bail,  or  appeal.  The  usual  penalties  consist  of  fines,  even  for  murder.  How- 
ever, the  dovernment's  p>olitical  agents,  who  are  federal  civil  servants  assigned  to 
local  governments,  oversee  such  proceedings  and  may  impose  prison  terms  of  up  to 
14  years.  Paramilitary  forces  under  the  direction  of  the  political  agents  frequently 
perform  punitive  actions  during  enforcement  operations.  For  example,  in  raids  on 
criminal  activities,  the  authorities  have  been  known  to  damage  surrounding  homes 
as  extrajudicial  punishment  of  residents  for  having  tolerated  nearby  criminal  activ- 

On  October  30,  following  the  Supreme  Court's  decision  to  suspend  the  14th  Con- 
stitutional Amendment  (which  prohibits  individual  members  of  parliament  from  "de- 
fecting" to  rival  political  parties  after  their  election).  Prime  Minister  Nawaz  Sharif 
accused  the  Court  and,  in  particular,  the  Chief  Justice  of  encouraging  political 
"horse  trading"  by  removing  the  ban  on  changing  political  allegiances.  The  Chief 
Justice  took  tne  view  that  this  constituted  "contempt  of  court"  and  Nawaz  Sharif 
and  others  have  been  on  trial  since  then  on  this  charge.  The  14th  Amendment  re- 
mains suspended  pending  a  Supreme  Court  decision  on  the  constitutionality  of  pro- 
visions that  may  infringe  on  a  parliamentarian's  freedom  of  speech. 

In  remote  areas  outside  the  jurisdiction  of  federal  political  agents,  tribal  councils 
occasionally  levy  harsher,  unsanctioned  punishments,  including  flogging  or  death  by 
shooting  or  stoning.  In  July  tribal  elders  of  Mohmand  agency  banished  an  individual 
from  the  agency  and  razed  his  dwellings  for  firing  on  a  tribal  lashkar  (armed  levy). 
In  May  a  politico-religious  organization  called  the  Tanzeem  Ittihad-I  Ulema-I 
Qaba'il  (Organization  of  the  Union  of  the  Ulema  of  the  Tribes)  (TIUQ),  which  is 
striving  for  the  implementation  of  stricter  Islamic  law  in  the  FATA,  publicly  flogged 
a  man  and  a  teenager  for  their  alleged  involvement  in  homosexual  behavior — the 
first  Islamic  punishment  that  the  TIUQ  has  carried  out  since  it  was  banned  in  1995. 
On  December  2,  a  couple  was  publicly  executed  in  the  Khyber  tribal  agency  after 
a  court  set  up  by  the  TIUQ  found  them  guilty  of  incest.  The  court  stated  that  a 
mother-in-law  cannot  marry  her  son-in-law  even  if  she  is  divorced.  The  family  of  the 
convicted  couple  carried  out  the  sentence  by  shooting  them  to  death.  Since  the  re- 
vival of  the  group  during  the  year  it  also  has  carried  out  other  punishments,  such 
as  destroying  the  homes  of  alleged  thieves. 

Another  related  form  of  rougn  justice  operating  in  the  NWFP,  particularly  in  the 
tribal  areas,  is  the  concept  of  Pakhtunwali,  or  the  Pakhtun  Tribal  Code,  in  which 
revenge  is  an  important  element.  Under  this  Code,  a  man,  his  family,  and  his  tribe 
are  obligated  to  take  revenge  for  wrongs — either  real  or  perceived — in  order  to  re- 
deem their  honor.  More  often  than  not,  these  disputes  arise  over  women  and  land, 
and  frequently  result  in  violence.  For  example,  in  June  several  jewelers  from  Pesha- 
war who  were  suspected  of  kidnaping  tribeswomen  from  the  Khyber  agency  and  set- 
ting them  up  in  a  prostitution  racket  were  killed  by  the  women's  relatives. 

Most  politicians  and  bureaucrats  who  have  been  charged  with  corruption  or  other 
crimes  are  out  on  bail  (in  addition  to  murder,  Benazir  Bhutto's  husband,  Asif 
Zardari,  has  also  been  charged  with  corruption).  The  MQM  contends  that  several 
thousand  of  its  members  are  still  in  jail  on  politically-motivated  charges  which  date 
from  the  1992-96  period. 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
new  Anti-Terrorism  Law  allows  police,  or  military  personnel  acting  as  police,  to 
enter  and  search  homes  and  offices  without  search  warrants,  and  confiscate  prop- 
erty or  arms  likely  to  be  used  in  a  terrorist  act  (which  is  defined  very  broadly).  This 
provision  has  yet  to  be  tested  in  the  courts.  Prior  to  this,  by  law  the  police  had  to 
obtain  a  warrant  to  search  a  house,  but  they  did  not  need  a  warrant  to  search  a 
person.  However,  even  before  passage  of  the  Anti-Terrorism  Law,  the  police  entered 
homes  without  a  warrant  and  have  been  known  to  steal  valuables  during  searches. 
In  the  absence  of  a  warrant,  a  policeman  is  subject  to  charges  of  criminal  trespass. 
However,  policemen  are  seldom  punished  for  illegal  entry. 


1681 

The  Government  maintains  several  domestic  intelligence  services  that  monitor 
politicians,  political  activists,  suspected  terrorists,  and  suspected  foreign  intelligence 
agents.  Credible  reports  indicate  that  the  authorities  commonly  resort  to  wire- 
tapping and  occasionally  intercept  and  open  mail.  In  his  order  dismissing  former 
prime  minister  Bhutto  in  1996,  President  Leghari  accused  the  Government  of  mas- 
sive illegal  wiretapping,  including  eavesdropping  on  the  telephone  conversations  of 
judges,  political  party  leaders,  and  military  and  civilian  officials.  In  the  Supreme 
Court's  judgment  on  the  legality  of  Leghari's  dismissal  of  the  Bhutto  government, 
which  was  issued  in  September,  the  Supreme  Court  directed  the  federal  Govern- 
ment to  seek  the  Court's  permission  before  carrying  out  any  future  wiretapping  or 
eavesdropping  operations.  Nonetheless,  in  December  a  lawyer  for  a  former  director 
of  the  Intelligence  Bureau,  charged  with  illegal  wiretapping  during  Benazir  Bhutto's 
second  term  in  office,  presented  the  Supreme  Court  with  a  list  of  12  Government 
agencies  which  are  still  tapping  and  monitoring  telephone  calls  of  citizens.  The  case 
is  still  pending  in  the  Supreme  Court. 

Police  sometimes  arrest  and  detain  relatives  of  wanted  criminals  in  an  attempt 
to  compel  suspects  to  surrender.  In  some  cases,  the  authorities  have  detained  whole 
families  to  force  a  relative  who  was  the  subject  of  an  arrest  warrant  to  surrender 
(see  Section  l.d.). 

The  Frontier  Crimes  Regulation,  the  separate  legal  system  in  the  FATA,  permits 
collective  responsibility,  and  empowers  the  authorities  to  detain  innocent  members 
of  the  suspect's  tribe,  or  blockade  an  entire  village  (see  Section  l.d.).  The  Govern- 
ment demolished  the  houses  of  several  alleged  criminals,  as  well  as  the  homes  of 
who  allegedly  tolerated  nearby  criminal  activity  (see  Sections  l.d.  and  I.e.). 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — The  Constitution  provides  for  freedom  of  speech 
and  of  the  press,  and  citizens  are  broadly  free  to  discuss  public  issues.  However, 
journalists  practice  a  degree  of  self-censorship,  conforming  to  prevailing  journalistic 
practice  and  local  mores.  True  investigative  journalism  is  rare;  instead  the  press 
acts  freely  to  publish  charges  and  countercharges  by  named  and  unnamed  parties 
and  individuals  representing  competing  class,  political  and  social  interests. 

The  Constitution  also  stipulates  the  death  penalty  for  anyone  who  damages  the 
Constitution  by  any  act,  including  the  publication  of  statements  against  the  spirit 
of  the  Constitution.  However,  prosecutions  under  this  provision  have  been  rare.  The 
Constitution  also  prohibits  the  ridicule  of  Islam,  the  armed  forces,  or  the  judiciary. 
This  provision  served  as  grounds  in  late  December  for  legal  charges  against  the  can- 
didacy of  Rafiq  Tarar,  the  current  President,  based  on  press  statements  made  sev- 
eral years  ago  that  were  critical  of  the  judiciary. 

The  competitive  nature  of  politics  helps  to  ensure  press  freedom,  since  the  media 
often  serve  as  a  forum  for  political  parties,  commercial,  religious,  and  various  other 
interests,  as  well  as  influential  individuals,  to  compete  with  and  criticize  each  other 
publicly.  Although  the  press  does  not  criticize  Islam  as  such,  leaders  of  religious 
parties  and  movements  are  not  exempt  from  the  public  scrutiny  and  criticism  rou- 
tinely experienced  by  their  secular  counterparts.  The  press  has  traditionallv  avoided 
negative  coverage  of  the  armed  forces,  ana  the  Office  of  Inter-Services  Public  Rela- 
tions (ISPR)  has  served  to  hold  press  coverage  of  military  matters  under  close  re- 
straint. 

Officially,  the  ISPR  closely  controls  and  coordinates  release  of  military  news  and 
access  to  military  sources.  Leaks,  while  not  uncommon,  are  carefully  managed:  it 
is  common  knowledge  that  journalists,  routinely  underpaid,  are  on  the  unofTicial 
payrolls  of  many  competing  interests,  and  the  military  (or  elements  within  it)  is  pre- 
sumed to  be  no  exception.  Rumors  of  intimidation,  heavy-handed  surveillance,  and 
even  legal  action  to  quiet  the  unduly  curious  or  nondeferential  reporter  are  common. 

During  the  year  this  pattern  of  control  and  restraint  loosened  somewhat:  early  in 
the  year — after  an  election  in  which  corruption  in  high  places  was  the  principal 
issue — the  press  published  charges  of  corruption  and  misuse  of  office  against  senior 
navy  and  air  force  officers  and  the  navy  chief  was  forced  to  resign.  In  the  summer, 
the  deaths  of  several  air  force  cadets  while  undergoing  training  prompted  news- 
paper reports  of  brutal  training  officers  and  procedures,  and  those  found  responsible 
were  held  to  public  account. 

In  a  case  followed  closely  by  the  press  and  human  rights  groups,  journalist 
Humayun  Fur,  bureau  chief  of  the  Urdu  daily  Mashriq,  was  arrested  by  intelligence 
agency  operatives  on  June  28  and  imprisoned  on  charges  of  "anti-State  activities." 
Fur  was  found  guilty  by  a  military  court  in  September  and  sentenced  to  5  years' 
imprisonment.  A  handout  issued  by  the  Defense  Ministry  stated  that  the  court  con- 
victed Fur  of  espionage  for  passing  sensitive  state  secrets  to  personnel  from  a  "for- 
eign diplomatic  mission"  in  Islamabad  (two  Indian  High  Commission  staff  members 


1682 

were  expelled  in  connection  with  the  case  in  September).  Human  rights  groups  ex- 
pressed concern  that  Fur  was  tried  by  a  military  court  and  urged  that  he  oe  retried 
in  an  open  court  under  civil  law.  The  press  reported  that  Fur  was  only  the  second 
journalist  in  the  country's  history  to  be  tried  by  court  martial.  Fur  was  released  in 
October  after  the  chief  of  army  staff  remitted  the  unserved  portion  of  his  sentence 
on  humanitarian  grounds  because  of  Fur's  ill-health. 

Detailed  public  discussion  of  the  military  as  an  institution  is  severely  hampered 
since  any  published  discussion,  let  alone  criticism,  of  the  defense  budget  is  pro- 
scribed by  law.  However,  late  in  the  year  this  code  of  silence  was  undermined  wnen 
a  National  Assembly  committee,  by  discussing  defense  appropriations  and  corrup- 
tion in  defense  contracts  in  an  open  session,  made  possible  (and  legal)  newspaper 
coverage  of  the  same  issues. 

The  Penal  Code  mandates  the  death  sentence  for  anyone  defiling  the  name  of  the 
Prophet  Mohammad,  life  imprisonment  for  desecrating  the  Koran,  and  up  to  10 
years  in  prison  for  insulting  another's  religious  beliefs  (i.e.,  any  religion,  not  just 
Islam)  with  intent  to  outrage  religious  feelings  (see  section  2.c.).  The  new  Anti-Ter- 
rorist Act  stipulates  imprisonment  with  labor  for  up  to  7  years  for  using  abusive 
or  insulting  words,  or  possessing  or  distributing  written  or  recorded  material,  with 
intent  to  stir  up  sectarian  hatred.  No  warrant  is  required  to  seize  such  material. 

The  State  no  longer  publishes  daily  newspapers;  the  former  Press  Trust  sold  or 
liquidated  its  string  of  newspapers  and  magazines  in  the  early  1990's.  The  Ministry 
of  Information  controls  and  manages  the  country's  primary  wire  service — APP,  the 
Associated  Press  of  Pakistan.  APP  is  both  the  Government's  own  news  agency  and 
the  official  carrier  of  international  wire  service  stories  to  the  local  media.  The  few 
small,  privately-owned  wire  services  operating  in  Pakistan  are  usually  circumspect 
in  their  coverage  of  sensitive  domestic  news  and  tend  to  follow  a  government  line. 

A  Print,  Press,  and  Publications  Ordinance,  requiring  the  registration  of  printing 
presses  and  newspapers,  was  allowed  to  lapse  in  1997  after  several  years  of  waning 
application.  In  practice,  registering  a  new  publication  is  a  simple  administrative  act, 
and  is  not  subject  to  political  or  governmental  scrutiny. 

Foreign  books  must  pass  government  censors  before  being  reprinted.  Books  and 
magazines  may  be  imported  freely,  but  are  likewise  subject  to  censorship  for  objec- 
tionable sexual  or  religious  content. 

Privately-owned  newspapers  freely  discuss  public  fx)licy  and  criticize  the  Govern- 
ment. They  report  remarks  made  by  opposition  politicians,  and  their  editorials  re- 
flect a  wide  spectrum  of  views.  The  effort  to  ensure  that  newspapers  carry  their 
statements  or  press  releases  sometimes  leads  to  undue  pressure  by  political  parties, 
ethnic,  sectarian,  and  religious  groups,  militant  student  organizations,  and  occasion- 
ally commercial  interests.  Such  pressure  is  a  common  feature  of  journalism,  and, 
when  the  group  is  extreme  in  its  views,  can  include  physical  violence,  the  sacking 
of  offices,  intimidation  or  beating  of  journalists,  and  interference  with  the  distribu- 
tion of  newspapers.  For  example,  the  Sindhi  daily  Awami  Awaz  has  charged  a 
Sindhi  nationalist  party  with  intercepting  deliveries  of  its  publication  and  two  other 
Sindhi  dailies  in  central  Sindh  province.  Journalists  working  in  small  provincial 
towns  and  villages  generally  can  expect  more  difficulties  from  arbitrary  local  au- 
thorities and  influential  individuals  than  their  big-city  counterparts. 

In  September  journalists  protesting  against  violence  directed  at  the  press  were 
beaten  by  police  in  Karachi,  according  to  newspaper  accounts.  The  police  maintained 
that  the  demonstration  was  illegal  because  it  violated  the  ordinance  prohibiting 
gatherings  of  five  or  more  f>eople. 

Zafaryab  Ahmad,  a  free-lance  Lahore-based  journalist,  was  arrested  in  1995  and 
chargea  with  sedition  after  he  reported  on  child  labor.  He  was  accused  of  working 
with  Indian  intelligence  to  damage  Pakistan's  carpet  industry  exports  through  false 
reporting.  His  case  is  still  pending  in  the  courts.  During  the  year,  reporting  and 
published  debate  on  child  labor  became  much  more  common  in  the  print  media. 

The  broadcast  media  are  government  monopolies.  The  Government  owns  and  op- 
erates the  bulk  of  radio  and  television  stations  through  its  two  official  broadcast  bu- 
reaucracies, the  Pakistan  Broadcasting  Corporation  (PBC)  and  Pakistan  Television 
(PTV).  Domestic  news  coverage  and  public  affairs  programming  on  these  broadcast 
media  is  closely  controlled  by  the  Government  and  has  traditionally  reflected  strong- 
ly the  views  of  the  party  in  power.  One  private  radio  station,  one  television  broad- 
caster, and  a  semi-private  cable  television  operation  have  been  licensed  under  spe- 
cial contractual  arrangements  with  the  Government  (and  these  are  currently  under 
investigation  for  possible  corruption  in  the  form  of  sweetheart  deal-making.)  None 
of  these  stations  is  permitted  to  produce  news  and  public  affairs  programming;  the 
private  television  station  rebroadcasts  or  simulcasts  the  regular  PTV  evening  news. 
However,  the  private  Shalimar  Television  Network  (STN)  fills  the  bulk  of  non-prime 
broadcasting  hours  with  rebroadcasts  of  Cable  News  Network  or  British  Broadcast- 


1683 

ing  Corporation  feeds.  While  STN  routinely  censors  those  segments  considered  to  be 
socially  or  sexually  ofFensive,  rarely,  if  ever,  are  foreign  news  stories  censored  for 
content.  The  Ministry  of  Information  monitors  advertising  on  all  broadcast  media, 
editing  or  removing  those  deemed  morally  objectionable.  Satellite  dishes  are  readily 
available  on  the  local  market  and  are  priced  within  reach  of  almost  everyone  witn 
a  television  set — well  into  the  lower-middle  classes.  South  Asian  satellite  channels 
(usually  India-based)  have  become  very  important  sources  of  news  and  information, 
as  well  as  popular  entertainment. 

Literary  and  creative  works  remain  generally  free  of  censorship.  Obscene  lit- 
erature, a  category  broadly  defined  by  the  Government,  is  subject  to  seizure.  Dram- 
as and  documentaries  on  previously  taboo  subjects,  including  corruption,  social 
privilege,  narcotics,  violence  against  women,  and  female  inequality,  are  frequently 
Droadcast  on  television. 

The  Government  and  universities  generally  respect  academic  freedom.  However, 
the  atmosphere  of  violence  and  intolerance  fostered  by  student  organizations,  typi- 
cally tied  to  political  parties,  continued  to  threaten  academic  freedom,  despite  tne 
fact  that  a  1992  Supreme  Court  ruling  prohibits  student  political  organizations  on 
campuses.  On  some  campuses,  well-armed  groups  of  students,  primarily  from  radi- 
cal religious  organizations,  clash  with  and  intimidate  other  students,  instructors, 
and  administrators  on  matters  of  language,  syllabus,  examination  policies,  grades, 
doctrine,  and  dress.  These  groups  facilitate  cheating  on  examinations,  interfere  in 
the  hiring  of  staff  at  the  campuses,  control  new  admissions,  and  sometimes  control 
the  funds  of  their  institutions.  At  Punjab  University,  the  largest  university  in  the 
province,  Islami  Jamiat-E-Tulaba  (IJT — the  student  wing  of  the  religious  j)olitical 
party  Jamaat-I-Islami)  imposes  its  self-defined  code  of  conduct  on  teachers  and 
other  students. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  Constitution  provides  for 
freedom  "to  assemble  peacefully  and  without  arms  subject  to  any  reasonable  restric- 
tions imposed  by  law  in  the  interest  of  public  order."  Although  the  Government  gen- 
erally permits  peaceful  assembly,  it  occasionally  interferes  with  large  rallies,  which 
are  held  by  all  political  parties. 

District  magistrates  occasionally  exercised  their  power  under  the  Criminal  Proce- 
dures Code  to  ban  meetings  of  more  than  four  people  when  demonstrations  seemed 
likely  to  result  in  violence.  This  provision  was  invoKed  frequently  in  May  during  the 
Islamic  month  of  Muharram,  when  tensions  between  Sunni  and  Shi'a  Muslims  tra- 
ditionally peak. 

Christian  activists  charged  that  police  overreacted  in  handling  marches  staged  in 
Karachi  in  February  by  Christian  groups  protesting  the  attack  on  the  village  of 
Shantinagar  (see  Section  2.c.).  They  maintain  that  the  marchers  were  peaceful,  but 
that  police  attacked  them  with  batons,  resulting  in  scores  of  injuries.  Cfver  700  peo- 
ple were  arrested,  all  of  whom  were  released  within  a  few  days  except  for  two  indi- 
viduals charged  with  murder,  who  were  released  from  custody  a  month  later.  In 
January,  nurses  demonstrating  against  a  superintendent  at  a  teaching  hospital  in 
Peshawar  were  allegedly  beaten  by  plainclothes  policemen.  The  nurses  claimed  that 
five  of  their  colleagues  were  seriously  wounded  in  the  attack. 

In  September  journalists  protesting  against  violence  directed  at  the  press  were 
beaten  by  police  in  Karachi,  according  to  newspaper  accounts.  The  police  maintained 
that  the  demonstration  was  illegal  because  it  violated  the  ordinance  prohibiting 
gatherings  of  five  or  more  people. 

The  Government  did  not  usually  interfere  with  large  political  rallies.  However, 
the  authorities  sometimes  prevented  leaders  of  politico-religious  parties  from  travel- 
ing to  certain  areas  if  they  believed  that  the  presence  of  such  leaders  would  increase 
sectarian  tensions  or  cause  public  violence.  In  August  the  (jovernment  detained 
Jamaat-I-Islami  (JI)  chief  Qazi  Hussain  Ahmed  to  prevent  an  announced  public 
rally  of  his  party  in  Khyber  tribal  agency,  where  there  is  a  government  ban  on  polit- 
ical party  rallies  and  activities.  JI  activists  in  Peshawar  demonstrated  to  protest 
their  chiefs  arrest  and  police  wielding  batons  charged  the  rally,  arresting  45  party 
workers. 

The  Constitution  provides  for  freedom  of  association  subject  to  restriction  by  gov- 
ernment ordinance  and  law.  There  are  no  banned  groups  or  parties. 

c.  Freedom  of  Religion. — Pakistan  is  an  Islamic  republic  in  which  96  percent  of 
the  population  are  Muslims.  The  Constitution  requires  that  laws  be  consistent  with 
Islam  and  imposes  some  elements  of  Koranic  law  on  both  Muslims  and  religious  mi- 
norities. While  there  is  no  law  establishing  the  Koranic  death  penalty  for  apostates 
(those  who  convert  from  Islam),  social  pressure  against  such  an  action  is  so  powerful 
that  most  such  conversions  take  place  in  secret.  Reprisals  against  suspected  con- 
verts are  common.  For  example,  in  July  a  young  woman  from  Sheikhupura  was 
murdered  by  her  brother  after  allegedly  undergoing  a  Christian  baptism. 


1684 

"Islamiyyat"  (Islamic  studies)  is  compulsory  for  all  Muslim  students  in  state-run 
schools.  Students  of  other  faiths  are  not  required  to  study  Islam  but  are  not  pro- 
vided with  parallel  studies  in  their  own  religion.  In  practice,  many  non-Muslim  stu- 
dents are  compelled  by  teachers  to  complete  the  Islamiyyat  studies. 

Minority  religious  groups  fear  that  Shari'a  and  its  goal  of  Islamizing  the  Govern- 
ment and  society  may  further  restrict  the  freedom  to  practice  non-Islamic  religions. 
Discriminatory  religious  legislation  has  encouraged  an  atmosphere  of  religious  intol- 
erance, which  has  fed  to  acts  of  violence  directed  against  minority  Muslim  sects,  as 
well  as  against  Christians,  Hindus,  and  members  of  Muslim  offshoot  sects  such  as 
Ahmadis  and  Zikris  (see  Section  5).  However,  Prime  Minister  Sharif  has  spoken  out 
in  support  of  the  rights  of  religious  minorities,  and  hosted  a  Christmas  dinner  for 
1,200  persons. 

On  February  6  and  7,  a  mob  looted  and  burned  the  Christian  village  of 
Shantinagar  in  Punjab.  Local  police  participated  in  the  attack  and  are  suspected  of 
having  instigated  the  riot  by  inventing  a  spurious  charge  that  a  Christian  man  had 
desecrated  a  copy  of  the  Koran.  Approximately  20,000  persons  were  rendered  home- 
less. The  Central  Government  took  immediate  relief  action,  deploying  troops  briefly 
to  restore  order,  and  the  Prime  Minister  visited  the  village.  The  Government  has 
made  serious  efforts  to  rebuild  damaged  and  destroyed  homes,  but  has  not  provided 
compensation  for  personal  property  lost  in  the  incident.  The  villagers  remain  fearful 
of  further  attacks,  and  the  police  officers  believed  to  be  responsible  for  the  riot, 
though  transferred  and  briefly  suspended,  have  not  faced  criminal  sanctions.  Mean- 
while, the  86  people  who  were  charged  with  offenses  related  to  the  attack  were  all 
released  on  bail  and  there  was  no  indication  that  authorities  planned  to  bring  them 
to  trial. 

A  1974  constitutional  amendment  declared  Ahmadis  to  be  a  non-Muslim  minority 
because  they  do  not  accept  Mohammed  as  the  last  prophet  of  Islam.  However, 
Ahmadis  regard  themselves  as  Muslims  and  observe  many  Islamic  practices.  In 
1984  the  Government  inserted  Section  298(c)  into  the  Penal  Code,  prohibiting  an 
Ahmadi  from  calling  himself  a  Muslim  and  banning  Ahmadis  from  using  Islamic 
terminology.  The  punishment  is  up  to  3  years'  imprisonment  and  a  fine.  Since  that 
time,  the  Government  and  some  religious  groups  have  used  this  provision  to  harass 
Ahmadis  (see  Section  5). 

Section  295(a),  the  blasphemy  provision  of  the  Penal  Code,  originally  stipulated 
a  maximum  2-year  sentence  for  insulting  the  religion  of  any  class  of  citizens.  This 
sentence  was  increased  to  10  years  in  1991.  In  1982  Section  295(b)  was  added, 
which  stipulated  a  sentence  of  life  imprisonment  for  "whoever  willfully  defiles,  dam- 
ages, or  aesecrates  a  copy  of  the  holy  Koran."  In  1986  another  amendment,  295(c), 
established  the  death  penalty  or  life  imprisonment  for  directly  or  indirectly  defiling 
^he  sacred  name  of  tne  Holy  Prophet  Mohammad."  In  1991  a  court  struck  down 
the  option  of  life  imprisonment.  These  laws,  especially  Section  295(c),  have  been 
used  by  rivals  and  authorities  to  threaten,  punish,  or  intimidate  Ahmadis,  Chris- 
tians, and  even  orthodox  Muslims.  Since  1996  magistrates  are  now  required  to  in- 
vestigate allegations  of  blasphemy  to  see  whether  tney  are  credible  before  filing  for- 
mal charges. 

Three  Ahmadis  were  convicted  of  blasphemy  in  December.  Abdul  Qadeer,  Muham- 
mad Shahbaz,  and  Ishfaq  Ahmad  were  found  guilty  of  violating  Section  295(c)  and 
sentenced  to  life  imprisonment  and  a  50,000  rupee  fines.  Lawyers  for  the  men  are 
appealing  their  cases  at  both  the  High  and  Supreme  Court  levels;  in  the  meantime, 
the  men  are  serving  their  sentences  in  the  Sheikhupura  jail.  Meanwhile,  a  number 
of  persons  are  in  jails  awaiting  trial  on  charges  of  violating  them.  Among  the  blas- 
phemy cases  opened  through  August  was  one  brought  against  a  Muslim  religious 
scholar,  Muhammad  Yusuf  AH,  who  was  charged  under  Section  295(c).  He  has  oeen 
jailed  in  a  class  "C  cell  since  March.  Due  to  threats,  his  wife  had  to  resign  her  job 
as  a  professor  and  go  into  hiding  with  their  children.  In  January  five  Christians 
were  detained  by  police  for  2  weeks  because  they  supposedly  signed  a  letter  that 
blasphemed  the  Prophet  Mohammed  and  threatened  to  blow  up  a  mosque.  The  five, 
all  poor  and  reportedly  illiterate,  were  eventually  found  innocent  and  released.  The 
cases  of  Christians  Anwar  Masih  (jailed  for  the  past  4  years)  and  Ayub  Masih  (de- 
tained since  October  1996),  both  of  whom  are  charged  under  Section  295(c),  remain 
pending  in  the  courts.  Christian  activists  allege  that  on  November  6,  someone  fired 
a  shot  at  Ajoib  outside  the  court.  The  police  allege  that  the  sound  of  gunfire  was 
caused  by  a  firecracker  and  have  closed  the  investigation  of  the  incident.  According 
to  Ahmadi  activists,  during  the  vear  32  Ahmadis  were  charged  with  violating  the 
blasphemy  laws  and  sections  of  the  Pakistan  Penal  Code  that  were  Ahmadi-specific. 
Ahmadi  leaders  state  that  of  156  Ahmadis  awaiting  trial  on  various  charges  related 
to  their  religious  beliefs,  as  of  December  151  were  Tree  on  bail.  Four  of  the  five  who 
were  in  prison  as  of  December — Riaz  Ahmed,  Bashir  Ahmed,  Qamar  Ahmed,  and 


1685 

Mushtaq  Ahmed — were  released  from  prison  after  their  application  for  bail  was  ap- 
proved by  the  Supreme  Court. 

Ahmadis  continue  to  suffer  from  a  variety  of  problems,  including  violation  of  their 
places  of  worship,  being  barred  from  burial  in  Muslim  graveyards,  denial  of  freedom 
of  faith,  speech,  and  assembly,  restrictions  on  their  press,  a  social  boycott,  and  al- 
leged official  support  of  extremist  elements  who  act  against  the  Ahmadi  community 
(see  Section  5).  Several  Ahmadi  mosques  remained  closed.  In  January  extremist  re- 
ligious agitation  forced  the  caretaker  Government  to  back  down  from  a  decision  to 
replace  the  term  "non-Muslim"  with  "Ahmadi"  under  the  category  of  religion  on 
passports. 

In  the  Punjab,  a  deadly  pattern  of  Sunni-Shi'a  violence  has  emerged  in  which  ter- 
rorists murder  people  who  are  targeted  because  of  their  membership  in  rival  sects. 
Attacks  on  places  of  worship  occur  frequently  and  have  created  a  climate  of  fear 
among  those  who  attend  public  prayer  services  (see  Section  5). 

When  religious  cases  are  brought  to  court,  extremists  often  pack  the  courtroom 
and  make  public  threats  about  the  consequences  of  an  acquittal.  As  a  result,  judges 
and  magistrates,  seeking  to  avoid  a  confrontation  with  the  extremists,  oft!en  con- 
tinue trials  indefinitely,  and  the  accused  is  burdened  with  further  legal  costs  and 
repeated  court  appearances.  Prior  to  his  murder  in  October,  Lahore  High  Court  jus- 
tice Arif  Iqbal  Hussain  Bhatti,  one  of  the  two  judges  who  in  1995  ruled  to  acquit 
accused  Christian  blasphemers  Salamat  and  Rehmat  Masih,  received  several  death 
threats  from  Islamic  extremist  groups.  Bhatti's  killer  had  not  been  arrested  by 
year's  end. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— Most  citizens  enjoy  freedom  of  movement  within  the  country  and  to 
travel  abroad.  However,  the  authorities  at  times  prevented  political  party  leaders 
from  traveling  to  certain  areas  of  the  country  (see  Section  2.D.).  Travel  to  Israel  is 
legally  prohibited,  (jovemment  employees  must  obtain  "no  objection  certificates"  be- 
fore traveling  abroad.  Students  are  also  required  to  have  these  certificates  from 
their  institutions,  though  this  requirement  is  rarely  enforced.  Citizens  regularly  ex- 
ercise the  right  to  emigrate.  However,  an  exit  control  list  (ECL),  which  is  constantly 
being  revised,  is  used  to  prevent  the  departure  of  wanted  criminals  and  individuals 
under  investigation  for  defaulting  on  loans,  corruption,  or  other  offenses.  An  esti- 
mated 3,000  to  4,(X)0  individuals  are  on  the  ECL.  No  judicial  action  is  reauired  to 
add  a  name  to  the  ECL,  and  there  is  no  judicial  recourse  or  formal  appeal  mecha- 
nism if  one's  name  is  added.  However,  in  some  cases  courts  have  directed  the  (jov- 
emment  to  lift  restrictions  on  some  ECL-listed  politicians'  travel  abroad. 

While  use  of  the  ECL  authority  to  harass  political  opponents  has  abated,  opposi- 
tion members  charge  that  they  are  still  singled  out.  PPP  leader  Benazir  Bhutto  was 
briefly  detained  at  Karachi  airport  on  her  way  to  London  in  July.  In  August  another 
PPP  leader,  Munir  Ahmed  Khan,  was  removed  from  a  New  York -bound  flight  at  the 
Lahore  airport.  Khan  claimed  that  the  (government  wanted  to  prevent  him  from 
traveling  for  fear  that  he  was  planning  to  arrange  antigovernment  demonstrations 
during  the  Prime  Minister's  travel  abroad.  After  filing  a  petition  at  the  Lahore  High 
Court,  justice  Faqir  Muhammad  Khokhar  ordered  that  the  petitioner  be  allowed  to 
leave  the  country  after  depositing  a  500,000  rupee  bond. 

The  (jovemment  cooperates  with  the  office  of  the  United  Nations  High  Commis- 
sioner for  Refugees  (UNHCR)  and  other  humanitarian  organizations  in  assisting  ref- 
ugees. First  asylum  has  been  provided  to  refugees  from  Afghanistan  since  1979, 
when  several  million  Afghans  ueeing  Soviet  occupation  poured  across  the  border 
into  Pakistan.  There  are  still  believed  to  be  more  than  1  million  Afghan  refugees 
in  Pakistan  who  have  been  granted  first  asylum. 

The  Government  has  not  legally  granted  permanent  resettlement  to  Afghan  refu- 

fieea  but  allows  them  to  live  and  work  in  Pakistan.  Many  are  self-supporting  and 
ive  outside  of  refugee  camps,  which  has  resulted  in  some  hostility  among  local  com- 
munities, whose  residents  believe  that  Afghans  take  job  opportunities  from  them. 
According  to  the  UNHCR,  there  were  no  reports  of  forced  return  of  persons  to  a 
country  where  they  feared  persecution.  The  Government  is  cooperating  with  the 
UNHC;R  in  an  effort  to  encourage  repatriation  of  Afghans  to  rural  areas  of  Afghani- 
stan considered  to  be  safe.  Surveys  have  been  conducted  in  the  camps  and  over 
15,000  families  have  registered  for  repatriation.  Since  January  85,000  persons  have 
returned  to  Afghanistan.  Since  1988,  over  2.5  million  Afghans  have  been  repatri- 
ated. 

Afghan  refugees  have  limited  access  to  legal  protection  and  depend  on  the  ability 
of  the  UNHCR  and  leaders  of  their  groups  to  resolve  disputes  among  themselves 
and  with  elements  of  Pakistani  society.  Police  also  frequently  prevent  Afghan  na- 
tionals from  entering  the  cities.  Most  able-bodied  male  refugees  nave  found  at  least 
intermittent  employment  but  are  not  covered  by  labor  laws.  Women  and  girls  ob- 


1686 

tained  increasingly  better  education  and  health  care  than  is  available  in  Afghani- 
stan, as  NGO's  provided  increased  services.  However,  Afghan  women  working  for 
NGO's  have  occasionally  been  targets  for  harassment  ana  violence  by  conservative 
elements  in  the  camps. 

The  resettlement  of  Biharis  continued  to  be  a  contentious  issue.  The  Biharis  are 
Urdu-speaking  people  from  the  Indian  state  of  Bihar  who  went  to  East  Pakistan — 
now  Bangladesh — at  the  time  of  partition  in  1947.  When  Bangladesh  became  inde- 
pendent from  Pakistan  in  1971,  tne  Biharis  indicated  a  preference  for  resettlement 
in  Pakistan.  Since  that  time,  approximately  250,000  Biharis  have  been  in  refugee 
camps  in  Bangladesh.  While  the  Mohajir  community — descendants  of  Muslims  who 
emigrated  to  present-day  Pakistan  from  India  during  partition — supports  resettle- 
ment, the  Sindhi  community  opposes  the  move.  In  1993  the  Government  flew  342 
Biharis  to  Pakistan  and  placed  them  in  temporary  housing  in  central  Punjab.  No 
further  resettlement  has  occurred. 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  right  and  the  ability  to  change  their  government  peacefully. 
With  certain  exceptions,  citizens  21  years  of  age  and  over  nave  the  right  to  vote. 
However,  several  million  bonded  laborers  and  nomads  may  not  vote  because  the  na- 
tional election  commission  has  ruled  that  they  do  not  "ordinarily  reside  in  an  elec- 
toral area,  nor  do  they  own  or  possess  a  dwelling  or  immovable  property  in  that 
area."  Political  parties  have  been  allowed  to  operate  freely  since  tne  full  lifting  of 
martial  law  in  1988.  Unregistered  political  parties  are  permitted  to  participate  in 
elections,  members  of  the  national  and  provincial  assemblies  are  directly  elected. 
The  Constitution  requires  that  the  President  and  Prime  Minister  be  Muslims. 

Under  the  electoral  system,  minorities  vote  for  reserved  at-large  seats,  not  for 
non-minority  candidates  who  represent  actual  constituencies.  Because  of  this,  local 
parliamentary  representatives  have  little  incentive  to  promote  their  minority  con- 
stituents' interests.  In  the  National  Assembly  (NA),  Christians  hold  four  reserved 
seats,  Hindus  and  members  of  scheduled  castes  another  four,  Ahmadis  one,  Sikhs, 
Buddhists,  Parsis,  and  other  non-Muslims  one.  Each  of  the  four  categories  is  main- 
tained on  a  separate  electoral  roll,  and  minorities  cannot  cast  votes  for  the  Muslim 
constituency  seats.  Also,  under  article  106  of  the  Constitution,  seats  in  the  provin- 
cial assemblies  are  reserved  for  minorities.  Population  estimates  are  out-of-date  be- 
cause there  has  not  been  a  census  since  1981,  but  the  election  conunission  of  the 
1997  general  election  report  states  that  each  Christian  NA  member  represents 
327,6(^  people;  each  Hindu  and  scheduled  castes  NA  member,  319,029;  the  Sikh, 
Buddhist,  Parsi  and  other  non-Muslim  member,  112,801;  and  the  Ahmadi  member 
104,244.  These  figures  significantly  understate  the  population  of  most  of  the  minor- 
ity groups. 

National  elections  for  national  and  provincial  assemblies  were  held  on  February 
3.  Election  observers,  including  teams  from  the  Human  Rights  Commission  of  Paki- 
stan (HRCP),  and  groups  representing  the  European  Union,  the  Commonwealth  of 
Nations,  and  the  South  Asian  Association  for  Regional  Cooperation,  concluded  that 
the  elections  were  generally  "free  and  fair"  with  no  evidence  of  systemic  or  wide- 
spread abuse  of  the  electoral  process. 

Elections  for  local  government  bodies  have  not  been  held  since  1993,  when  these 
bodies  were  dissolved  by  the  caretaker  government  because  of  charges  of  corruption. 
The  Government  intends  to  hold  elections  for  local  government  bodies  subsequent 
to  a  national  census,  which  is  scheduled  to  take  place  in  March  1998.  Meanwhile, 
appointed  bureaucrats  continue  to  administer  local  government. 

Due  to  a  December  1996  decision  by  President  Leghari  and  the  caretaker  govern- 
ment, the  February  3  elections  for  the  eight  national  assembly  members  from  the 
FATA  were  for  the  first  time  conducted  on  the  basis  of  universal  adult  franchise. 
Prior  to  1997,  in  keeping  with  local  traditions,  tribal  leaders,  or  maliks,  appointed 
in  the  governor's  name  by  the  central  Government's  political  agents  in  each  agency, 
elected  the  FATA  National  Assembly  members.  In  accordance  with  the  Govern- 
ment's general  ban  on  political  party  activities  in  the  FATA,  candidates  were  not 
allowed  to  register  by  political  party  and  political  party  rallies  were  not  allowed  in 
this  first  universal  franchise  election  in  the  tribal  areas.  However,  several  political 
parties  did  covertly  campaign  for  their  candidates.  Tribal  people,  including  large 
numbers  of  women  in  some  of  the  tribal  agencies,  registered  to  vote,  despite  cam- 
paigns by  some  tribes  against  female  participation  in  the  elections.  However,  on 
election  day,  far  fewer  registered  women  in  proportion  to  registered  men  actually 
voted,  as  tribal  traditions  against  public  roles  for  women  reasserted  themselves. 

Because  of  a  longstanding  territorial  dispute  with  India,  the  political  status  of  the 
northern  areas — Hunza,  Gilgit,  and  Baltistan — is  not  resolved.  As  a  result,  more 


1687 

than  1  million  inhabitants  of  the  northern  areas  are  not  covered  under  any  constitu- 
tion and  have  no  representation  in  the  federal  legislature.  The  area  is  administered 
by  an  appointed  civil  servant.  While  there  is  an  elected  Northern  Areas  Council,  this 
body  serves  in  an  advisory  capacity  to  the  federal  Government  and  has  no  authority 
to  change  laws  or  raise  and  spend  revenue. 

Although  women  participate  in  government,  they  are  underrepresented  in  political 
life  at  all  levels.  Six  women  hold  seats  in  the  217-member  National  Assembly,  up 
from  4  seats  in  the  previous  parliament.  Thirty-five  women,  more  than  ever  before, 
contested  seats  in  the  February  national  elections.  The  Parliamentary  Commission 
on  the  Status  of  Women  in  Pakistan  recommended  reserving  one-third  of  seats  in 
all  elected  bodies  for  women.  While  women  participate  in  large  numbers  in  elections, 
some  women  are  dissuaded  from  voting  in  elections  by  family,  religious,  and  social 
customs  in  rural  areas.  According  to  the  Parliamentary  Commission,  women  in  some 
tribal  areas  were  intimidated  into  not  voting  during  the  February  elections.  An- 
nouncements were  made  on  mosque  loudspeakers  that  voting  by  women  was  un-Is- 
lamic  and  women  going  to  polling  stations  risked  having  their  houses  burned  down. 
As  a  result  no  more  than  37  women  out  of  6,600  registered  to  vote  actually  cast 
ballots  in  Jamrud,  in  the  Khyber  Agency.  A  national  census  has  not  been  held  since 
1981,  despite  the  requirement  that  one  be  conducted  every  10  years.  A  census  has 
been  repeatedly  postponed  due  to  pressure  from  ethnic  groups  and  provincial  rival- 
ries. Everyone  agrees  that  the  country's  population  has  grown  considerably  in  the 
past  17  years,  and  that  millions  of  people  have  moved  from  the  countryside  into  the 
cities.  The  new  census  figures  would  presumably  refiect  these  shifts  and  serve  as 
the  basis  for  determining  political  representation  and  also  for  allocating  funds  to  the 
various  provinces  from  the  federal  treasury.  Thus,  those  favored  by  the  status  quo 
have  resisted  holding  a  new  census. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

There  are  several  domestic  human  rights  organizations,  and  new  human  rights 
and  legal  aid  groups  continue  to  form.  These  groups  are  generally  free  to  operate 
without  government  restriction.  The  Government  has  provided  protection  to  human 
rights  lawyers  defending  accused  blasphemers  following  threats  and  attacks  on  the 
lawyers  by  religious  activists. 

International  human  rights  organizations  have  been  permitted  to  visit  Pakistan 
and  travel  freely. 

The  Ministry  of  Human  Rights,  established  in  November  1995,  is  now  a  cell  with- 
in the  Ministry  of  Law,  Justice,  Human  Rights,  and  Parliamentary  Affairs.  The  cell 
is  staffed  by  roughly  100  employees,  most  of  whom  are  based  at  the  cell's  head- 
quarters in  Islamabad.  To  date,  the  cell  has  set  up  a  "women  in  distress"  fund  and 
put  together  a  jail  reform  package,  in  addition  to  dealing  with  individual  human 
rights  cases,  particularly  those  involving  rape  and  bonded  labor.  Because  of  limited 
budget  and  staff,  the  cell  operates  primarily  on  a  case-by-case  basis.  It  is  not  viewed 
as  very  effective  by  human  right  observers. 

Section  5.  Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 
The  Constitution  provides  for  equality  before  the  law  for  all  citizens  and  broadly 

frohibits  discrimination  based  on  race,  religion,  caste,  residence,  or  place  of  birth, 
n  practice,  however,  there  is  significant  discrimination  based  on  these  factors. 

Women. — Domestic  violence  is  a  widespread  and  serious  problem.  Human  rights 
groups  estimate  that  anywhere  from  80  to  90  percent  of  women  are  victims  oi  do- 
mestic violence.  The  Parliamentary  Commission  of  Inquiry  for  Women  reported  that 
violence  against  women  "has  been  described  as  the  most  pervasive  violation  of 
human  rights"  in  Pakistan,  and  it  called  for  legislation  clearly  stating  that  domestic 
violence  against  women  is  a  criminal  offense.  While  abusive  spouses  may  be  charged 
with  assault,  cases  are  rarely  filed.  Police  usually  return  battered  wives  to  their 
abusive  husbands.  Women  are  reluctant  to  file  charges  because  of  societal  mores 
that  stigmatize  divorce  and  make  women  economically  and  psychologically  depend- 
ent on  their  husbands  and  male  relatives.  Relatives  are  also  reluctant  to  report 
cases  of  abuse  in  order  to  protect  the  reputation  of  the  family. 

In  1997  there  were  hundreds  of  incidents  involving  violence  against  women  re- 
ported in  the  press.  For  example,  almost  300  cases  of  wife-beating  were  reported  as 
of  September  in  Islamabad  and  Rawalpindi  alone,  and  human  rights  groups  say 
that  these  figures  are  derived  primarily  from  cases  reported  by  middle-  and  upper- 
class  women.  The  press  continued  to  draw  attention  to  murders  of  married  women 
by  relatives  over  dowry  or  other  family-related  disputes.  Most  of  the  victims  are 
burned  to  death,  allegedly  in  kitchen  stove  accidents.  A  study  of  145  "stove  deaths" 


1688 

covering  the  period  from  January  to  July  found  that  almost  all  the  fires  were  delib- 
erately set.  According  to  the  Commission  of  Inquiry  for  Women,  newspapers  from 
Lahore  reported  an  average  of  15  cases  a  month  durinff  a  6-month  penoa  in  1997; 
most  of  the  victims  were  young  married  women.  The  Commission  noted  that  many 
cases  are  not  reported  by  hospitals  and,  even  when  they  are,  the  police  are  reluctant 
to  investigate  or  file  charges.  Human  rights  monitors  agree  that  most  "stove  deaths" 
are  in  fadt  murders  based  upon  a  suspicion  of  illicit  sexual  relationship  or  on  dowry 
demands.  Increased  media  coverage  of  cases  of  wife  burnings,  spousal  abuse,  spous- 
al murder,  and  rape  has  helped  to  raise  awareness  about  violence  against  women. 
Several  daily  newspapers  in  Islamabad  and  Rawalpindi  ran  frontpage  stories  on 
September  27  on  the  case  of  a  woman  from  a  village  near  the  town  of  Gujar  Khan 
who  was  mutilated  by  her  husband  because  he  suspected  her  of  adultery.  Nusrat 
Perveen  told  the  press  that  her  husband  was  actually  enraged  over  the  fact  that 
she  complained  to  her  mother-in-law  over  his  mistreatment  of  her,  and  that  he  cut 
off  her  nose  and  hair  in  retaliation.  The  victim  stated  that  her  relatives  refused  to 
help  her  after  the  incident,  and  local  police  pressured  her  into  signing  a  statement 
absolving  her  husband  of  the  crime. 

A  crisis  center  for  women  in  distress  was  opened  in  late  October  in  Islamabad. 
The  center,  the  first  of  its  kind  in  Pakistan,  is  an  initiative  of  the  Ministry  of  Wom- 
en's Development  with  the  assistance  of  local  NGO's.  The  center  offers  legal  and 
medical  referrals  from  volunteer  doctors  and  lawyers,  counseling  from  trained  psy- 
chologists, and  a  hotline  for  women  in  distress.  The  center  was  opened  before  fund- 
ing had  been  allocated  and  staff  hired.  For  its  first  2V2  months  of  business  the  cen- 
ter relied  on  volunteer  staff  and  received  only  15  walk-in  cases.  A  second  shelter 
was  opened  in  late  in  the  year  in  Vehari,  a  town  in  southern  Punjab. 

Rape  is  a  widespread  problem.  In  April  the  National  Assembly  in  April  passed 
a  law  providing  for  the  death  penalty  for  persons  convicted  of  gang  rape.  The  first 
conviction  under  this  new  law  took  place  in  July  in  Mardan,  where  two  defendants 
were  sentenced  to  death.  Nevertheless,  it  is  estimated  that  less  than  one-third  of 
all  rapes  are  reported  to  the  police.  The  police  themselves  are  frequently  charged 
with  raping  women.  In  July,  a  woman  in  Rawalpindi  was  alleged  raped  by  three 
policemen,  while  her  companion  was  beaten  and  robbed  (see  Section  I.e.).  According 
to  a  police  official,  in  a  majority  of  rape  cases  the  victims  are  pressured  to  drop  rape 
charges  because  of  the  threat  of  Hudood  adultery  charges  being  brought  against 
them.  All  consensual  extramarital  sexual  relations  are  considered  violations  of  the 
Hudood  ordinances.  However,  according  to  an  HRCP  lawyer,  the  Government  has 
brought  fewer  charges  against  women  under  the  Hudood  ordinances  than  in  the 
past,  and  the  courts  have  shown  greater  leniency  toward  women  in  their  sentences 
and  in  the  granting  of  bail.  In  Hudood  cases,  a  female  or  non-Muslim  witness  is  not 
accepted.  This  means  that  if  a  man  rapes  a  woman  in  the  presence  of  several 
women,  he  cannot  be  convicted  under  the  Hudood  ordinances  because  female  wit- 
nesses are  not  accepted.  Similarly,  if  a  Muslim  man  rapes  a  Christian  woman  in 
the  presence  of  several  Christian  men  and  women,  he  cannot  be  convicted  under 
Hudood  ordinances  because  non-Muslim  witnesses  are  not  accepted. 

The  Parliamentary  Commission  of  Inquiry  for  Women  criticized  the  Hudood  ordi- 
nances and  recommended  that  they  be  repealed.  The  Commission  charged  that  the 
laws  on  adultery  and  rape  have  been  subject  to  widespread  misuse,  with  95  percent 
of  the  women  accused  of  adultery  being  found  innocent  either  in  the  court  of  first 
instance  or  on  appeal.  However,  by  that  time,  the  Commission  pointed  out,  the 
woman  may  have  spent  months  in  jail,  suffering  sexual  abuse  at  the  hands  of  the 
police  and  the  destruction  of  her  reputation.  The  Commission  found  that  the  main 
victims  of  the  Hudood  laws  are  poor  women  who  are  unable  to  defend  themselves 
against  slanderous  charges.  The  laws  have  also  been  used  by  husbands  and  other 
male  family  members  to  punish  their  wives  and  female  relatives  for  reasons  having 
nothing  to  do  with  sexual  propriety,  according  to  the  Commission. 

Marital  rape  is  not  a  crime.  The  1979  Hudood  ordinances  abolished  punishment 
for  raping  one's  wife.  The  Commission  of  Inquiry  for  Women  has,  however,  rec- 
ommended reinstating  penalties  for  marital  rape.  Marriage  registration  (nikah) 
sometimes  occurs  years  before  the  marriage  is  consummated  ('rukh  sati").  The 
"nikah"  (non-consummated)  marriage  is  regarded  as  a  formal  marital  relationship. 
In  one  1996  case,  a  13-year-old  girl,  whose  nikah  had  been  performed  but  rukhsati 
had  not  taken  place,  decided  to  divorce  her  husband.  The  husband  kidnaped  the 
girl,  raped  her,  and  then  released  her.  The  police  refused  to  register  a  rape  case  ar- 
guing tnat  they  were  a  married  couple. 

There  are  numerous  reports  of  women  killed  or  mutilated  by  male  relatives  who 
suspect  them  of  adultery.  Few  such  cases  are  investigated  seriously  and  those  who 
are  arrested  are  often  acquitted  on  the  grounds  that  they  were  "provoked,"  or  for 
a  lack  of  witnesses.  Scores  of  men  and  women  from  Balochistan  and  rural  areas  of 


1689 

Sindh  and  Punjab  provinces  are  killed  annually  for  alleged  illicit  sexual  relations 
in  so-called  "honor*  killings.  While  the  tradition  of  such  killing  applies  equally  to 
offending  men  and  women,  women  are  more  likely  to  be  killed  than  men.  In  one 
incident  in  March,  seven  people,  including  five  policemen,  were  killed  near  Larkana 
in  Sindh.  A  reporter  who  covered  the  story  said  that  the  trouble  stemmed  from  pro- 
longed enmity  Detween  two  factions  of  a  clan  over  an  "honor"  murder.  The  Commis- 
sion of  Inquiry  for  Women  rejected  the  whole  concept  of  "honor"  as  a  mitigating  cir- 
cumstance in  a  murder  case  and  recommended  that  such  killings  be  treated  as  sim- 
ple murder. 

The  Commission  also  drew  attention  to  the  problem  of  "enforced  prostitution  and 
traflicking  in  women,"  noting  that  women  are  the  victims  of  exploitation  by  police 
and  pimps,  and  should  be  treated  with  compassion.  Most  of  the  women  in  question 
are  brought  in  from  Bangladesh,  usually  under  the  false  pretense  of  working  in  le- 
^timate  jobs  in  Pakistan.  It  is  mostly  a  problem  in  Sindh  province  and  includes 
Bangladeshi,  Burmese,  Sri  Lankan,  Indian,  and  Afghani  women. 

There  are  significant  barriers  to  the  advancement  of  women,  beginning  at  birth. 
In  general,  female  children  are  less  valued  and  cared  for  than  male  children.  Ac- 
cording to  a  United  Nations  study,  girls  receive  less  nourishment,  health  care,  and 
education  than  boys.  According  to  a  1996  report  by  the  Islamabad-laased  Human  De- 
velopment Center,  only  16  women  are  economically  active  for  every  100  men.  Some 
progress  has  been  made  over  the  past  several  years  in  getting  more  females  into 
school.  A  recent  survey  found  that  the  enrollment  rate  for  girls  under  age  12  was 
65  percent,  less  than  that  of  boys  (75  percent),  but  considerably  higher  than  the 
1990  figure  of  50  percent.  Similarly,  the  female  literacy  rate  has  doubled  during  the 
past  two  decades,  although,  at  roughly  27  percent,  it  is  just  over  half  that  of  males. 

Discrimination  against  women  is  particularly  acute  in  rural  areas.  In  some  areas 
of  rural  Sindh  and  Balochistan,  female  literacy  rates  are  2  percent  or  less.  A  survey 
of  rural  females  by  the  National  Institute  of  Psychology  found  that  42  percent  of 
parents  cited  "no  financial  benefit"  as  the  primary  reason  they  tended  to  send  their 
sons  rather  than  their  daughters  to  school.  Similarly,  a  study  by  the  NWFP  Direc- 
torate of  Primary  Education  discovered  that  most  girls  in  rural  areas  do  not  go  to 
school  because  they  have  to  look  after  the  household  while  their  mothers  help  their 
fathers  in  the  fields. 

Human  rights  monitors  and  women's  groups  believe  that  Shari'a  has  had  a  harm- 
ful effect  on  the  rights  of  women  and  minorities,  reinforcing  popular  attitudes  and 
perceptions,  and  contributing  to  an  atmosphere  in  which  discriminatory  treatment 
of  women  and  non-Muslims  is  more  readily  accepted. 

Both  civil  and  religious  laws  theoretically  protect  women's  rights  in  cases  of  di- 
vorce, but  many  women  are  unaware  of  them,  and  often  the  laws  are  not  observed. 
The  Parliamentary  Commission  of  Inquiry  for  Women  recommended  that  marriage 
registration  (nikahnama)  be  made  mandatory  and  that  women,  as  well  as  men,  have 
the  right  to  initiate  divorce  proceedings.  It  also  called  for  the  punishment  of  those 
who  coerce  women  or  girls  into  forced  marriages.  There  is  no  concept  of  alimony. 
A  husband  is  legally  bound  to  maintain  his  wife  until  3  months  after  the  divorce. 
A  father  is  bound  to  maintain  his  children  until  they  reach  the  age  of  14  for  males, 
or,  if  tJiey  are  females,  16  years  old.  However,  the  legal  system  is  so  complicated 
and  lengthy  that  is  can  take  years  for  the  children  to  get  maintenance. 

In  inheritance  cases  women  generally  do  not  receive — or  are  pressed  to  surren- 
der— their  due  share  of  the  inheritance.  In  rural  areas,  the  practice  of  a  woman 
"marrying  the  Koran"  is  still  widely  accepted  if  the  family  cannot  arrange  a  suitable 
marriage  or  wants  to  keep  the  family  wealth  intact.  A  woman  "married  to  the 
Koran'  is  forbidden  to  have  any  contact  with  males  over  14  years  of  age,  including 
her  immediate  family  members.  Press  reports  indicate  that  the  practice  of  buying 
and  selling  brides  still  takes  place  in  parts  of  NWFP  and  the  Punjab. 

In  a  case  that  was  followed  closely  both  in  Pakistan  and  abroad,  a  special  three- 
member  bench  of  the  Lahore  High  Court  on  March  10  upheld  the  Federal  Shari'a 
Court's  ruling  that  a  Muslim  woman  can  marry  without  the  consent  of  her  wali 
(guardian),  wnich  in  turn  takes  away  the  wali's  right  to  grant  such  consent  on  be- 
half of  the  woman  without  her  approval.  This  decision  in  the  so-called  "Saima"  case 
overruled  a  1996  decision  by  a  Lahore  High  Court  judge  that  a  woman's  marriage 
without  the  consent  of  her  parents  or  guardian  was  invalid. 

There  are  limits  on  the  admissibility  and  value  of  women's  testimony  in  court  (see 
Section  I.e.). 

Although  a  small  number  of  women  study  and  teach  in  universities,  postgraduate 
employment  opportunities  remain  largely  limited  to  teaching,  medical  services,  and 
the  law.  Nevertneless,  an  increasing  number  of  women  are  entering  the  commercial 
and  public  sectors. 


1690 

According  to  the  Ministry  of  Health,  the  Government  through  1996  had  trained 
and  deployed  around  37,000  female  rural  health  workers.  The  Government  has 
scrapped  its  previous  goal  of  having  100,000  female  health  workers  by  1998  because 
it  says  it  wants  to  improve  the  quality  of  those  it  has  selected. 

Women's  organizations  operate  primarily  in  urban  centers.  Many  concentrate  on 
educating  women  about  existing  legal  rights.  Other  groups  concentrate  on  providing 
legal  aid  to  poor  women  in  prison  who  may  not  be  able  to  afford  an  attorney. 

Children. — There  is  no  federal  law  on  compulsory  education,  and  neither  the  fed- 
eral or  provincial  governments  provide  sufficient  resources  to  assure  universal  edu- 
cation. Pakistan's  education  system  is  in  disarray,  with  studies  showing  that  only 
70  percent  of  children  under  the  age  of  12  are  enrolled  in  school,  less  than  half  of 
whom  actually  complete  primary  school.  Even  those  children  who  make  it  to  the 
fifth  grade  are  not  assured  of  being  able  to  read  and  write.  According  to  UNICEF 
figures,  a  nationwide  sample  of  children  in  grade  five  revealed  that  only  33  percent 
could  read  with  comprehension,  while  a  mere  17  percent  were  able  to  write  a  simple 
letter.  Development  experts  point  to  a  number  of  factors  for  the  poor  state  of  public 
education,  including  the  low  percentage  of  gross  national  product  devoted  to  edu- 
cation, and  inefficient  and  corrupt  federal  and  provincial  bureaucracies.  One  mem- 
ber of  the  Prime  Minister's  education  task  force  estimated  that  up  to  50  percent  of 
the  education  budget  is  "pilfered." 

Government  provision  of  health  care  for  children  is  somewhat  better — especially 
with  the  program  to  deploy  rural  health  workers — but  health  care  services  in  most 
areas  remain  seriously  inadequate.  Many  children  begin  working  at  a  very  early  age 
(see  Section  6.d.).  At  the  age  of  5  or  6,  female  children  are  often  responsible  for 
younger  siblings. 

Children  are  sometimes  kidnaped  to  be  used  as  forced  labor,  for  ransom,  or  to 
seek  revenge  against  an  enemy  (see  Sections  6.c.  and  6.d.).  In  rural  areas,  it  is  a 
traditional  practice  for  poor  parents  to  give  their  children  to  rich  landlords  in  ex- 
change for  money  or  land,  according  to  human  rights  advocates.  These  children  are 
frequently  abused  by  their  owners.  Incidents  of  rape  and  murder  of  minor  teenage 
children  are  common.  A  1996  survey  conducted  in  Punjab  showed  that  40  percent 
of  reported  rape  victims  were  minors,  with  the  youngest  victim  in  the  study  only 
8  years  old.  A  UNICEF-sponsored  study  of  Punjab  found  that  15  percent  of  girls  re- 
ported having  been  sexually  abused.  Child  prostitution  involving  boys  and  girls  is 
widely  known  to  exist  but  is  rarely  discussed.  The  NGO  Shabab-I-Milli  launched  a 
campaign  to  combat  child  prostitution  by  raising  public  awareness  about  the  prob- 
lem. The  Commission  of  Inquiry  for  Women  observed  that  child  sexual  abuse  is  a 
subject  that  "has  been  virtually  ignored  in  Pakistan,"  and  called  for  a  public  edu- 
cation campaign  on  the  subject,  including  introducing  it  into  school  curriculums  and 
training  nurses  and  doctors  in  how  to  handle  such  cases. 

Legal  rights  for  children  are  theoretically  protected  by  numerous  laws  that  incor- 
porate elements  of  the  U.N.  Convention  on  the  Rights  of  the  Child.  However,  the 
Government  frequently  fails  to  enforce  these  laws.  There  are  two  facilities — one  in 
Karachi  and  one  in  Multan — that  serve  are  reform  schools  for  juvenile  offenders. 
There  is  only  one  jail  in  each  province  for  convicted  prisoners  under  21  years  of  age. 
Although  Punjab  and  Sindh  provinces  have  laws  mandating  special  judicial  proce- 
dures for  child  offenders,  in  practice,  children  and  adults  are  essentially  treated 
equally.  Human  rights  advocates  estimate  that  roughly  3,500  minors,  ages  9  to  21 
years,  are  imprisoned  in  jails  throughout  the  country. 

According  to  press  reports,  there  are  several  madrassahs  (religious  schools)  where 
children  are  illegally  confined  and  kept  in  unhealthy  conditions.  One  investigative 
report,  in  an  English-language  daily,  detailed  the  death  of  a  9-year-old  boy  who  was 
killed  on  September  23  while  escaping  from  a  madrassah  near  the  Punjabi  city  of 
Multan.  The  boy  reportedly  was  kept  in  chains  at  the  madrassah  and,  while  at- 
tempting to  cut  the  chains  on  a  railroad  track,  was  struck  and  killed  by  a  train. 
The  Human  Rights  Commission  of  Pakistan  filed  an  appeal  with  a  local  court  for 
an  investigation  of  the  incident,  as  well  as  a  cancellation  of  the  madrassah's  reg- 
istration. As  of  December,  the  courts  had  not  acted  on  the  case. 

People  With  Disabilities. — There  are  no  laws  requiring  equal  accessibility  to  public 
buildings  for  disabled  persons.  The  vast  majority  of  mentally  ill  and  mentally  re- 
tarded individuals  are  taken  care  of  by  their  families.  There  is  a  legal  provision  re- 
auiring  organizations  to  reserve  at  least  1  percent  of  their  work  forces  for  qualified 
isabled  persons.  Organizations  that  do  not  wish  to  hire  disabled  persons  can  in- 
stead give  a  certain  amount  of  money  to  the  Government  treasury,  which  goes  into 
a  fund  for  the  disabled. 

Religious  Minorities. — Government  authorities  afford  religious  minorities  less 
legal  protection  than  is  afforded  to  Muslim  citizens.  Members  of  religious  minorities 


1691 

are  subject  to  violence  and  harassment,  and  police  at  times  refuse  to  prevent  such 
actions  or  to  charge  those  who  commit  them. 

Ahmadis  are  often  targets  of  religious  intolerance,  much  of  it  instigated  by  local 
religious  leaders.  For  example,  the  chief  mullah  of  the  central  mosque  of  Pattoki  dis- 
tributed a  handbill  in  which  he  declared  that  all  Ahmadis,  as  apostates,  should  be 
killed  under  Shari'a,  but  that,  regretfully,  the  law  had  not  been  applied.  Ahmadi 
leaders  charge  that  militant  Sunni  mullahs  and  their  followers  stage  frequent 
marches  through  the  streets  of  the  Ahmadi  capital  of  Rabwah  in  central  Punjab. 
Backed  by  mobs  of  100  to  200  people,  the  mullahs  purportedly  stride  down  the 
streets  uttering  diatribes  against  Ahmadis  and  their  founder,  a  situation  that  often 
leads  to  violence.  Police  are  generally  on  hand  during  these  marches,  the  Ahmadis 
claim,  but  as  a  rule  do  not  intervene  to  prevent  trouble.  A  number  of  Ahmadis  were 
seriously  injured  in  attacks  by  religious  extremists,  and  Ahmadi  leaders  attribute 
three  murders  of  their  group  during  the  year  to  anti-Ahmadi  zealots.  All  three  of 
the  victims  had  received  numerous  threatening  letters  prior  to  their  murders. 

Ahmadis  suffer  from  harassment  (see  Section  2.c.)  and  discrimination  and  have 
limited  chances  for  advancement  into  management  levels  in  government  service. 
Even  the  rumor  that  someone  may  be  an  Ahmadi  or  have  Ahmadi  relatives  can  sti- 
fle opportunities  for  employment  or  promotion.  Ahmadi  students  are  subject  to 
abuse  by  their  non-Ahmadi  classmates,  and  the  quality  of  teachers  assigned  to  the 
schools  by  the  Government  is  poor.  Young  Ahmadis  and  their  parents  also  complain 
of  difficulty  in  gaining  admittance  to  good  colleges,  forcing  many  children  to  go 
abroad  for  higher  education.  Certain  sections  of  the  Penal  Code  have  also  caused 
problems  for  the  group  (see  Section  2.c.),  particularly  the  provision  that  forbids 
Ahmadis  from  "directly  or  indirectly"  posing  as  Muslims.  Armed  with  this  vague 
wording,  mullahs  have  brought  charges  against  Ahmadis  for  using  the  standard 
Muslim  greeting  form  and  naming  their  children  Mohammad. 

Other  religious  minority  groups  also  experience  considerable  discrimination  in  em- 
ployment and  education.  In  Pakistan's  early  years,  minorities  were  able  to  rise  to 
the  senior  ranks  of  the  military  and  civil  service.  Today,  many  are  unable  to  rise 
above  mid-level  ranks.  Discrimination  in  employment  is  believed  to  be  common. 
Christians  in  particular  have  difficulty  finding  jobs  other  than  those  of  menial  labor, 
although  Christian  activists  say  that  the  employment  situation  has  improved  some- 
what in  the  private  sector.  Christians  find  themselves  disproportionately  overrepre- 
sented  in  Pakistan's  most  oppressed  social  group — that  of  bonded  laborers.  Like 
Ahmadis,  many  Christians  complain  about  the  difficulty  that  their  children  have  in 
gaining  admission  to  government  schools  and  colleges,  a  problem  they  attribute  to 
discrimination.  Many  Christians  continue  to  express  fear  of  forced  marriages  be- 
tween Muslim  males  and  Christian  women,  although  the  practice  is  relatively  rare. 
Reprisals  against  suspected  converts  to  Christianity  are  common,  and  a  general  at- 
mosphere of  religious  intolerance  has  led  to  acts  of  violence  against  religious  minori- 
ties (see  Section  2.c.).  There  are  also  restrictions  on  testimony  in  court  oy  non-Mus- 
lims (see  Section  I.e.). 

During  the  year,  large-scale  sectarian  violence  in  the  Punjab  between  Shi'a  and 
Sunni  extremist  groups  claimed  the  lives  of  195  people,  including  professionals,  bu- 
reaucrats, and  religious  scholars  who  were  specifically  targetea.  Indiscriminate 
shootings  at  mosques  led  to  fear  of  general  religious  unrest.  However,  the  public  at 
large  generally  supported  government  actions  to  stem  terrorism.  Press  reports  state 
that  over  220  people  were  killed  nationwide  in  sectarian  violence  during  the  year. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Industrial  Relations  Ordinance  of  1969  (IRO) 
provides  for  the  right  of  industrial  workers  to  form  trade  unions  but  is  subject  to 
major  restrictions  in  some  employment  areas.  The  Essential  Services  Maintenance 
Act  of  1952  (ESA)  covers  sectors  associated  with  the  state  administration,  i.e.,  gov- 
ernment services  and  state  enterprises,  such  as  oil  and  gas  production,  electricity 
generation  and  transmission,  the  state-owned  airline,  and  ports.  Workers  in  these 
sectors  are  allowed  to  form  unions.  However,  the  ESA  sharply  restricts  normal 
union  activities,  usually  prohibiting,  for  example,  the  right  to  strike  in  affected  orga- 
nizations. The  ESA  also  exempts  export  promotion  zones  (EPZ's)  from  the  IRO's  pro- 
vision granting  workers  the  right  to  form  trade  unions. 

Union  members  make  up  only  about  10  percent  of  the  industrial  labor  force  and 
3  percent  of  the  total  estimated  work  force.  Contract  labor  continues  to  fiourish,  un- 
dercutting the  power  of  the  unions  and  exploiting  workers  willing  to  work  on  tem- 
¥orary  contracts.  These  workers  receive  fewer  benefits  and  have  no  job  security, 
here  is  no  provision  in  the  law  granting  the  right  of  association  to  agricultural 
workers. 


1692 

Legally  required  conciliation  proceedings  and  cooling-ofF  periods  constrain  the 
right  to  strike,  as  does  the  Government's  authority  to  ban  any  strike  that  may  cause 
"serious  hardship  to  the  conununity"  or  prejudice  the  national  interest.  The  Govern- 
ment may  also  ban  a  strike  that  has  continued  for  30  days. 

Strikes  are  rare.  When  they  occur,  they  are  usually  illegal  and  short.  The  Govern- 
ment regards  as  illegal  any  strike  conducted  by  workers  who  are  not  members  of 
a  legally  registered  union.  Police  do  not  hesitate  to  crack  down  on  worker  dem- 
onstrations. The  law  prohibits  employers  from  seeking  retribution  against  leaders 
of  a  legal  strike  and  stipulates  criminal  penalties  for  offenders.  The  courts  may  im- 
prison employers  for  violating  this  prohibition,  but  they  are  more  likely  to  fine 
them.  The  law  does  not  protect  leaders  of  illegal  strikes. 

Unions  may  belong  to  federations,  and  there  are  seven  major  federations.  The 
Government  permits  trade  unions  all  across  the  political  spectrum.  While  many 
unions  remain  aloof  from  party  politics,  the  most  powerful  are  those  associated  with 
political  parties.  After  the  PPP  came  to  power  in  1988,  it  successfully  organized 
trade  unions  under  the  banner  of  the  Peoples'  Labor  Bureau  (PLB).  The  PLB  s  main 
competitors  are  the  Jamaat-I-Islami's  National  Labor  Federation  and  the  MQM- 
backed  labor  unions. 

In  May  the  Cabinet  passed  an  amendment  to  the  ERO  which  states  that:  1)  only 
employees  of  the  represented  industry  can  hold  office  in  a  trade  union;  and,  2)  if 
trade  unions  form  a  federation,  the  federation  cannot  bargain  with  individual  em- 
ployers; each  component  union  has  to  bargain  for  itself.  The  first  provision  dis- 
advantages smaller  unions,  which  may  not  have  enough  officers  capable  of  bargain- 
ing. The  second  provision  is  an  attempt  to  weaken  the  power  of  the  federations.  This 
amendment  has  been  challenged  by  the  trade  unions  and,  as  a  result,  has  not  yet 
come  into  force.  On  November  21,  the  Prime  Minister  announced  the  Government's 
new  investment  policy,  in  which,  in  order  to  improve  working  relations  among  em- 
ployees and  employers,  trade  union  activity  will  be  industry -Based  and  not  factory- 
based.  The  new  policy  also  decrees  that,  in  order  to  check  the  growth  of  trade 
unions,  unions  receiving  less  than  20  percent  of  the  votes  in  a  referendum  will  be 
automatically  dissolved  and  their  registrations  canceled. 

The  International  Labor  Organization  (ILO)  has  repeatedly  stated  that  current 
law  and  practice  violate  the  Government's  commitments  under  ILO  Convention  87. 
The  ILO  nas  urged  the  Government  to  lift  prohibitions  against  union  activity  in  re- 
spect to  teachers,  radio,  television,  railway,  forestry,  hospital,  and  other  government 
employees,  as  well  as  to  rescind  the  existing  ban  on  strikes.  The  ILO  also  expressed 
concern  about  the  practice  of  artificial  promotions  that  exclude  workers  from  the 
purview  of  Convention  111.  In  response  to  a  government  request,  the  ILO  has  pro- 
vided technical  assistance  to  help  bring  the  country's  labor  laws  into  conformity 
with  the  world  body's  conventions. 

In  1994  a  government  task  force  on  labor  prepared  a  report  recommending  im- 
provements on  worker  rights  problems,  which  were  the  basis  for  the  development 
of  a  new  labor  policy  by  the  Government.  At  present,  the  Government  has  not  yet 
approved  the  new  labor  policy.  However,  the  Government  has  implemented  two  com- 
ponents of  the  proposed  labor  policy:  1)  improvements  in  the  workers'  welfare  fund; 
and,  2)  increases  in  social  security  benefits  for  workers.  On  August  20,  the  Prime 
Minister  and  trade  union  representatives  agreed  to  establish  a  committee  to  exam- 
ine the  labor  laws  and  draft  legislation  to  bring  them  in  conformity  with  ILO  con- 
ventions and  the  national  constitution. 

Federations  are  free  to  affiliate  with  international  federations  and  confederations. 
For  example,  trade  unions  belong  to  the  International  Confederation  of  Free  Trade 
Unions  (ICFTU)  and  to  secretariats  affiliated  to  the  ICFTU. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  right  of  industrial  work- 
ers to  organize  and  freely  elect  representatives  to  act  as  collective  bargaining  agents 
is  established  in  law.  The  IRO  prohibits  antiunion  discrimination  by  employers.  If 
found  guilty  of  antiunion  discrimination,  employers  are  required  to  reinstate  work- 
ers fired  for  union  activities. 

In  general,  legally  constituted  unions  have  the  right  to  bargain  collectively.  How- 
ever, the  many  restrictions  on  forming  unions  (see  Section  6.a.)  preclude  collective 
bargaining  by  large  sections  of  the  labor  force,  e.g.,  agricultural  workers,  who  are 
not  provided  with  the  right  to  strike,  bargain  collectively,  or  make  demands  on  em- 
ployers. 

The  ESA  also  restricts  collective  bargaining.  For  each  industry  subject  to  the  ESA, 
the  Government  must  make  a  finding,  renewable  every  6  months,  on  the  limits  of 
union  activity.  In  cases  in  which  the  Government  prohibits  collective  bargaining, 
special  wage  boards  decide  wage  levels. 

These  boards  are  established  at  the  provincial  level  and  comprise  representatives 
from  industry,  labor,  and  the  provincial  labor  ministry,  which  provides  the  chair- 


1693 

man.  The  chairman  may  name  additional  industry  and  labor  representatives  to  the 
board.  Despite  the  presence  of  the  labor  representatives,  unions  are  generally  dis- 
satisfied with  the  boards'  findings.  Disputes  are  adjudicated  before  the  National  In- 
dustrial Relations  Commission.  A  worker's  right  to  quit  may  also  be  curtailed  under 
the  ESA.  Dismissed  workers  have  no  recourse  to  the  labor  courts. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — The  Constitution  and  the  law  pro- 
hibit forced  labor.  However,  critics  argue  that  the  ESA's  limitation  on  some  worker 
rights  constitutes  a  form  of  compulsory  labor.  The  Government  informed  the  ILO's 
Committee  on  the  Application  of  Standards  in  1990  that  amendments  were  under 
consideration  to  rectify  the  problem.  However,  the  Government  has  taken  no  further 
action. 

Dlegal  bonded  labor  is  widespread.  Bonded  labor  is  common  in  the  brick,  glass, 
and  fishing  industries  and  is  found  among  agricultural  and  construction  workers  in 
rural  areas.  There  is  no  evidence  that  bonded  labor  is  used  in  the  production  for 
export  of  sporting  goods  and  surgical  equipment.  However,  bonded  labor  is  report- 
edly used  m  the  production  of  carpets  Tor  export.  Conservative  estimates  put  the 
number  of  bonded  workers  at  several  million. 

According  to  press  reports,  in  the  remote  areas  of  rural  Sindh,  reports  of  bonded 
agricultural  labor  and  oebt  slavery  have  a  long  history.  Landlords  have  kept  entire 
families  in  private  prisons  and  families  have  been  sold  by  one  landlord  to  another. 
According  to  press  reports,  raids  by  government  ofTicials  and  human  rights  activists 
over  a  2-year  period  from  January  1995  to  January  1997  resulted  in  the  liberation 
of  349  bonded  laborers. 

The  Bonded  Labor  System  (Abolition)  Act  adopted  in  1992,  outlawed  bonded  labor, 
canceled  all  existing  bonded  debts,  and  forbade  lawsuits  for  the  recovery  of  existing 
debts.  However,  the  provincial  governments,  which  are  responsible  for  enforcing  the 
law,  have  failed  to  establish  enforcement  mechanisms.  Hence,  the  law  is  largely  in- 
effective. Lacking  employment  alternatives,  many  workers  have  voluntarily  re- 
turned to  bonded  labor. 

Children  are  sometimes  kidnaped  to  be  used  as  forced  labor.  According  to  ILO  es- 
timates from  October  1996,  3.3  million  children  between  the  ages  of  5  and  14  years 
(about  8  percent  of  the  reference  population)  are  "economicallv  active."  Of  these, 
about  two  thirds  work  in  agriculture  alone.  Seventy  percent  of  the  working  children 
have  the  status  of  "unpaid  family  helpers."  Many  observers  believe  that  the  ILO  es- 
timates understate  the  true  dimensions  of  the  problem.  Observers  also  believe  that 
the  incidence  of  bonded  labor  among  such  children  is  significant,  but  there  are  no 
reliable  figures  available  on  this. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — Child 
labor  is  common  and  results  from  a  combination  of  severe  poverty,  employer  greed, 
and  inadequate  enforcement  of  laws  intended  to  control  it.  The  Constitution  pro- 
hibits slavery,  forced  labor,  the  trafficking  in  human  beings,  and  employment  of 
children  aged  14  years  and  under  in  factories,  mines,  and  other  hazardous  occupa- 
tions. The  Employment  of  Children  Act  of  1991  prohibits  the  employment  of  cnil- 
dren  under  age  14  in  certain  occupations  and  regulates  their  conditions  of  work. 
Under  this  law,  no  child  is  allowed  to  work  overtime  or  at  night. 

In  October  1996,  the  (jovemment  announced  the  results  of  its  first  comprehensive 
child  labor  survey  conducted  with  the  assistance  of  the  ILO's  International  Program 
for  the  Elimination  of  Child  Labor  (ILO/IPEC).  According  to  the  survey,  8.3  percent 
(or  between  3.3  and  3.6  million)  of  children  between  the  ages  of  5  and  14  years 
work.  The  child  labor  force  is  predominately  male  (73  percent)  and  predominately 
rural  (71  percent).  About  60  percent  of  child  labor  is  in  Punjab.  Some  45.8  percent 
of  child  laoorers  work  35  hours  or  more  per  week  and  12.6  percent  work  56  hours 
or  more.  The  majority  (67  percent)  of  children  work  in  agriculture,  forestry,  hunting, 
and  fishing  industries;  11  percent  in  the  manufacturing  sector;  9  percent  in  whole- 
sale/retail; and  8  percent  in  social/personal  services.  In  occupational  terms,  craft  and 
related  trade  wort  account  for  about  19  percent  of  child  laoorers,  while  71  percent 
work  in  unskilled  jobs.  Only  the  Government  and  exporters  regard  the  ILO  survey 
as  an  accurate  measurement  of  the  incidence  of  child  labor.  Many  observers  believe 
that  it  understates  the  true  dimensions  of  the  problem. 

Child  labor  is  widely  employed  in  the  carpet  industry,  much  of  which  is  family- 
run.  Children  are  also  employed  in  other  export  industries.  However,  some  export 
sectors  have  taken  active  measures  to  eliminate  or  phase  out  child  labor.  Human 
rights  activists  acknowledge  that  surgical  equipment  manufacturers  have  removed 
children  from  their  factories;  however,  child  laoor  in  this  industry  may  still  occur 
at  home.  In  February  soccer  ball  manufacturers,  importers,  the  ILO,  and  UNICEF 
agreed  upon  an  action  plan  (the  Atlanta  Agreement)  to  eliminate  child  labor  from 
the  soccer  ball  industry  within  18  months.  This  project,  based  in  Sialkot,  addresses 
monitoring  of  the  production  and  assembly  of  soccer  balls,  education  of  child  labor- 


1694 

ers,  rehabilitation  and  income  generation.  Under  the  Atlanta  Agreement,  soccer  ball 
manufacturers  claimed  to  have  eliminated  40  percent  of  their  child  labor  before  the 
August  implementation  date  of  the  agreement.  However,  such  claims  are  not  verifi- 
able. 

Under  the  memorandum  of  understanding  with  the  Government,  the  ILO/IPEC 

ftrogram  in  Pakistan  is  involved  with  a  number  of  other  projects  concerning  child 
abor.  There  is  an  ILO  country  program  in  which  the  ILO  works  with  the  Govern- 
ment, employers,  workers,  and  NGO  s  to  develop  a  national  policy  and  plan  of  action 
for  child  labor.  The  Government  is  establishing  a  pilot  proCTam  of  18  rehabilitation 
centers  for  former  child  laborers  through  the  Pakistan  Bait-U-Mal,  the  Govern- 
ment's social  welfare  fund.  Each  center  educates  60  to  100  children.  The  ILO  is  cre- 
ating a  similar  program  in  conjunction  with  the  European  Union. 

In  response  to  international  criticism,  the  Government  has  begun  to  push  provin- 
cial authorities  to  enforce  child  labor  laws.  According  to  the  Ministry  oi  Labor,  dur- 
ing the  period  from  January  1995  to  April  1997,  16,571  inspections  of  businesses 
suspected  of  violating  the  Employment  of  Children  Act  of  1991  were  carried  out. 
These  resulted  in  6,325  prosecutions  and  1,409  convictions.  Fines  ranged  from  an 
average  of  $7  in  the  NWFP  to  an  average  of  $140  in  Balochistan.  However,  these 
fines  are  not  large  enough  to  be  a  significant  deterrent. 

The  Child  Care  Foundation  (CCF)  of  Pakistan,  a  national  NGO,  was  established 
in  October  1996  with  the  support  of  the  Government  through  the  Ministry  of  Com- 
merce. The  CCF  board  is  currently  in  the  process  of  developing  a  child  labor  mon- 
itoring system. 

e.  Acceptable  Conditions  of  Work. — Labor  regulations  are  governed  by  federal  stat- 
utes applicable  throughout  the  country.  The  minimum  wage  is  approximately  $47 
(1,650  rupees)  per  month.  Although  this  wage  provides  a  meager  subsistence  living 
for  a  small  family,  the  minimum  wage  applies  to  only  a  small  part  of  the  work  force, 
and  most  families  are  large. 

The  law,  applicable  nationally,  provides  for  a  maximum  workweek  of  54  hours, 
rest  periods  during  the  workday,  and  paid  annual  holidays.  These  regulations  do  not 
apply  to  agricultural  workers,  workers  in  factories  with  fewer  than  10  employees, 
and  to  the  small  contract  groups,  which  are  subdivisions  within  factories  of  10  or 
fewer  workers.  Many  workers  are  unaware  of  the  regulations  protecting  their  ri^ts 
because  of  their  lack  of  education. 

The  provinces  have  been  ineffective  in  enforcing  labor  regulations,  because  of  lim- 
ited resources,  corruption,  and  inadequate  regulatory  structures.  In  general,  health 
and  safety  standards  are  poor.  Although  organized  labor  presses  for  improvements, 
the  Government  has  done  little  and  weakly  enforces  existing  legal  protection.  Work- 
ers cannot  remove  themselves  from  dangerous  work  conditions  without  risking  loss 
of  employment. 


SRI  LANKA 

Sri  Lanka  is  a  longstanding  democratic  republic  with  an  active  multiparty  system. 
Constitutional  power  is  shared  between  the  popularly  elected  President  and  the  225- 
member  Parliament.  President  Chandrika  Kumaratunga  leads  the  governing  Peo- 
ple's Alliance  (PA),  a  coalition  of  parties.  Both  the  Parliament  and  the  President 
were  elected  in  free  and  fair  elections  in  1994.  The  (jovemment  respects  constitu- 
tional provisions  for  an  independent  judiciary. 

For  the  past  14  years  the  (jovemment  has  fought  the  Liberation  Tigers  of  Tamil 
Eelam  (LTTE),  an  insurgent  organization  fighting  for  a  separate  state  for  the  coun- 
try's Tamil  minority.  During  the  year,  the  fighting  intensified.  In  May  the  (Jovem- 
ment  launched  a  major  offensive  aimed  at  opening  a  land  route  to  the  Jafi'na  Penin- 
sula through  LTTE-controlled  territory  in  the  north.  The  offensive  resulted  in  hun- 
dreds killed  on  both  sides  and  created  tens  of  thousands  of  newly  displaced  persons. 

The  (jovemment  controls  all  security  forces.  The  50,000-member  police  force  is  re- 
sponsible for  internal  security  in  most  areas  of  the  country  and  has  also  been  used 
in  military  operations  against  the  LTTE.  The  118,000  member  army  (which  includes 
the  Army  Volunteer  Force),  and  the  12,500-member  navy  and  10,000-member  air 
force,  bear  principal  responsibility  for  conducting  the  war  against  the  LTTE  insur- 
gents. The  police  paramilitary  Special  Task  Force  (STF)  also  battles  the  LTTE.  The 
5,000  strong  home  guards,  an  armed  force  drawn  from  local  communities,  provides 
security  for  Muslim  and  Sinhalese  village  communities  in  or  near  the  war  zone.  The 
(jrovemment  also  arms  and  directs  various  Tamil  militias  opposed  to  the  LTTE, 
though  at  times  these  groups  act  independently  of  government  authority.  During  the 
year,  some  members  o?  the  security  forces  committed  serious  human  rights  abuses. 


1695 

Sri  Lanka  is  a  low-income  country  with  a  market  economy  that  is  based  on  the 
export  of  textiles,  garments,  tea,  rubber,  coconuts,  and  gems,  and  on  earnings  from 
tourism  and  repatriated  earnings  of  citizens  employed  abroad.  The  gross  domestic 
product  per  capita  is  about  $780.  The  economy  grew  in  excess  of  5  percent  per  year 
during  1990-1995  but  growth  slowed  to  3.8  percent  in  1996  due  to  the  ongoing  war 
and  a  severe  drought.  Renewed  investor  confidence,  an  upswing  in  tourism,  and 
easier  credit  helped  the  economy  rebound  to  a  growth  rate  of  almost  6  percent  in 
1997.  During  the  year,  the  Government  made  significant  steps  toward  economic  re- 
form, including  trimming  subsidies,  privatizing  government  enterprises,  and  pro- 
moting foreign  investment  and  trade. 

The  Grovemment  generally  respected  the  human  rights  of  its  citizens  in  areas  not 
affected  by  the  conflict.  However,  the  ongoing  war  with  the  LTTE  continued  to  be 
accompanied  by  serious  human  rights  abuses  by  the  security  forces.  Security  forces 
committed  as  many  as  100  extrajudicial  killings.  In  addition,  at  least  100  individ- 
uals disappeared  from  security  force  custody  on  and  near  the  Jaffna  Peninsula  in 
the  north  during  the  course  of  the  year  and  25  such  disappearances  occurred  in  the 
eastern  part  of  the  island.  Torture  remained  a  serious  problem,  and  prison  condi- 
tions remained  poor.  Arbitrary  arrests — including  short-term  mass  arrests  and  de- 
tentions— continued,  often  accompanied  by  failure  of  the  security  forces  to  comply 
with  some  of  the  protective  provisions  of  the  Emergency  Regulations  (ER).  Impunity 
for  those  responsible  for  human  rights  abuses  remained  a  serious  problem.  No  ar- 
rests were  made  in  connection  with  the  disappearance  and  presumed  killing  of  at 
least  300  LTTE  susjiects  in  Jaffna  in  1996.  Progress  was  made  in  a  few  longstand- 
ing, high-profile  cases  of  extrajudicial  killing  and  disappearance.  In  most  cases,  how- 
ever, no  progress  was  made,  or  there  was  no  investigation  or  prosecution  at  all,  giv- 
ing the  appearance  of  impunity  for  those  responsible  for  human  rights  violations. 
Both  the  Government  and  the  LTTE  apparently  killed  prisoners  taken  on  the  battle- 
field. The  Government  infringed  on  citizens'  privacy  rights  and  engaged  in  direct 
censorship  of  domestic  newspaper  reporting  and  foreign  television  broadcasts  from 
January  to  May.  Discrimination  and  violence  against  women,  child  prostitution,  and 
child  labor  continued  to  be  problems. 

In  positive  developments,  the  Government  took  steps  to  control  the  abuses.  A  per- 
manent Human  Rights  Commission  was  constituted  and  began  operations.  A  human 
rights  office  opened  officially  on  January  8,  1998  in  Jaffna.  Prosecutions  of  security 
force  personnel  alleged  to  have  engaged  in  human  rights  abuse  continued  in  a  few 
cases.  In  the  Krishanthi  Kumaraswamy  murder  and  rape  case  in  which  a  young 
woman  and  three  other  individuals  were  killed  in  September  1996  in  Jaffna,  the 
Government  ordered  an  expedited  trial  for  the  nine  accused.  The  case  came  to  trial 
in  September  and  was  ongoing  at  year's  end.  There  was  no  attempt,  as  in  the  past, 
to  use  the  ER  to  cover  up  security  force  misdeeds.  Through  its  rulings,  the  judiciary 
continued  to  exhibit  its  independence  and  uphold  individual  civil  rights.  Govern- 
ment security  forces  continued  to  take  effective  measures  to  limit  civilian  casualties 
during  military  operations.  The  Government  also  continued  to  provide  relief  to  those 
displaced  by  the  conflict  even  though  many  were  still  under  the  control  of  the  LTTE. 
However,  government  restriction  on  medical  supplies  contributed  to  poor  health  con- 
ditions for  civilians  in  the  Vanni.  Three  regional  commissions  established  to  inves- 
tigate disappearances  completed  their  investigations  although  the  results  of  these 
investigations  were  not  made  public. 

Progovemment  Tamil  militants  committed  extrajudicial  killings  and  were  respon- 
sible for  disappearances,  torture,  detentions,  and  forced  conscription. 

The  LTTE  attacked  civilians  during  the  course  of  the  year.  The  LTTE  regularly 
committed  extrajudicial  killings,  and  was  also  responsible  for  disappearances,  tor- 
ture arbitrary  arrests,  and  detentions.  The  LTTE  killed  two  parliamentarians  and 
nine  other  civilians  in  two  separate  incidents  in  Trincomalee  in  July.  LTTE  attacks 
on  international  shipping  resulted  in  the  death  of  several  crewmen  and  considerable 
damage  to  property.  The  LTTE  continued  to  take  civilians  hostage  and,  in  July,  ab- 
ducted 32  Muslim  villagers,  demanding  the  release  of  5  LTTE  prisoners  held  by  the 
security  forces.  All  of  these  hostages  had  been  released  by  November.  The  LTTE  at- 
tacked a  number  of  economic  targets,  including  the  October  bombing  of  the  World 
Trade  Center  and  nearby  hotels  and  the  July  attack  on  a  Panamanian-flag  mer- 
chant vessel.  The  LTTE  continued  to  control  large  sections  of  the  north  and  east 
of  the  country  through  authoritarian  military  rule,  denying  the  people  under  its  au- 
thority the  right  to  change  their  government,  infringing  on  their  privacy  rights,  rou- 
tinely violating  their  civil  liberties,  operating  an  unfair  court  system,  and  severely 
discriminating  against  ethnic  and  religious  minorities. 


1696 

RESPECT  FOR  HUMAN  RIGHTS 
Section  1.  Respect  for  the  Integrity  of  the  Person,  Including  Freedom  From: 

a.  Political  and  Other  Extrajudicial  Killing. — Police  (mostly  STF  oflicers)  and 
army  and  navy  personnel  committed  extrajudicial  killings  in  both  Jaffna  and  the 
Eastern  Province.  Most  of  these  were  associated  with  operations  against  the  LTTE 
insurgents  or  interrogation  of  suspected  terrorists.  Up  to  100  mdividuals  were 
killed,  although  the  exact  number  was  impossible  to  ascertain  due  to  censorship  of 
news  relating  to  military  or  police  operations,  and  lack  of  regular  access  to  the  north 
and  east  where  the  war  was  being  waged. 

In  some  cases  these  extrajudicial  killings  were  reprisals  against  civilians  for 
LTTE  attacks  in  which  members  of  the  security  forces  were  killed  or  injured.  In 
many  cases,  the  security  forces  claimed  that  the  victims  were  members  of  the  LTTE, 
but  human  rights  monitors  believe  otherwise.  The  perpetrators  of  these  killings  had 
not  been  arrested  by  the  Government  at  year's  end. 

Impunity  remains  a  serious  problem.  Since  April  1995  at  least  700  persons  have 
been  extrajudicially  killed  by  the  security  forces  or  disappeared  after  being  taken 
into  security  forces  custody  and  are  presumed  dead.  As  of  year's  end,  no  member 
of  the  security  forces  had  been  convicted  for  any  of  these  crimes.  In  the  vast  major- 
ity of  cases  where  military  personnel  may  have  committed  human  rights  violations, 
the  Government  has  not  identified  those  responsible  and  brought  them  to  justice. 
The  military  leadership  has  failed  also  in  this  regard.  Almost  all  senior  military  offi- 
cers now  serving  were  mid-level  oflicers  during  the  Janetha  Vimukthi  Peramuna 
(JVP)  uprising,  when  security  forces  were  given  great  leeway  in  dealing  with  that 
threat  to  the  nation's  security.  Attitudes  and  practices  have  been  slow  to  change. 

Security  force  personnel  were  probably  responsible  for  the  death  of  Reverend 
Innasi  Arulpalan,  a  priest  from  the  Jaffna  Diocese  of  the  Church  of  South  India. 
The  University  Teachers  for  Human  Rights-Jaffna  (UTHR-J)  reported  that  wit- 
nesses saw  Rev.  Arulpalan  and  two  other  individuals  being  taken  away  by  the  army 
on  August  25.  Their  three  mutilated  bodies  were  found  on  September  9.  The  mili- 
tary  formally  denied  responsibility  for  the  incident  and  placed  the  blame  on  the 
LTTE. 

In  November  1996,  16  police  and  army  personnel  were  arrested  for  the  rape  and 
murder  of  Krishanthi  Kumaraswamy,  the  murder  of  2  of  her  family  members,  and 
the  rape  and  murder  of  another  individual.  Although  11  of  the  security  personnel 
were  originally  accused  in  the  case,  charges  against  2  have  reportedly  been  dropped 
in  return  for  their  cooperation  in  the  investigation.  The  Government  in  February  or- 
dered a  trial  at  bar  against  the  9  accused  in  an  effort  to  expedite  the  case.  A  trial 
at  bar  means  that  the  case  is  to  be  heard  by  a  panel  of  judges,  dispensing  with  a 
lengthier  trial  by  jury.  This  is  only  the  fourth  time  since  independence  that  the  Gov- 
ernment has  taken  the  step  of  ordering  a  trial  at  bar.  The  case  came  to  trial  in  Sep- 
tember and  was  ongoing  at  year's  end. 

The  case  against  the  eight  soldiers  and  one  reserve  police  constable  arrested  in 
February  1996  in  the  Kumarapuram  massacre  of  24  Tamil  villagers  came  to  trial 
in  September  and  was  ongoing  at  year's  end. 

In  July  1996,  the  charred  body  of  a  Tamil  textile  merchant  who  had  been  detained 
under  the  ER  was  found  at  Giribawa  in  North  Central  Province.  Six  police  officers, 
including  the  officer  in  charge  of  the  police  counter-subversive  unit  in  Vavuniya, 
were  arrested  and  detained  under  the  ER.  The  officers  in  the  Giribawa  case  were 
released  on  bail.  The  officer  in  charge  was  released  at  the  end  of  December  1996; 
the  other  officers  were  released  in  January.  The  Attorney  General  had  not  made  a 
recommendation  to  the  High  Court  at  year's  end. 

In  October  1995,  22  members  of  the  STF  were  arrested  and  detained  under  the 
ER  on  suspicion  of  murdering  23  Tamil  youths  whose  bodies  were  found  floating  in 
Bolgoda  Lake  and  other  bodies  of  water  near  Colombo.  The  suspects  were  released 
on  bail  and  resumed  their  police  functions  in  February  1996.  At  year's  end  the  case 
had  not  come  to  trial.  It  was  delayed  on  several  occasions  by  the  prosecution's  fail- 
ure to  be  present  during  court  proceedings. 

A  presidential  commission  was  established  to  investigate  alleged  torture  and  mur- 
der in  the  late  1980's  at  a  government-run  detention  center  at  Batalanda  Housing 
Estate  near  Colombo.  In  August  1996  five  police  officers  were  arrested  for  alleged 
complicity  in  the  center's  abuses.  The  investigation  was  continuing  at  year's  end. 

The  People's  Alliance  (PA)  Government  came  to  power  in  1994  promising  to  bring 
to  justice  the  perpetrators  of  extrajudicial  killings  from  previous  years.  In  1994  it 
began  prosecutions  of  suspects  in  several  extrajudicial  murders  allegedly  per- 
petrated by  members  of  the  security  forces.  The  trial  of  21  soldiers,  accused  of  mas- 
sacring 35  Tamil  civilians  in  1992  in  the  village  of  Mailanthani  in  Batticaloa  dis- 
trict, was  transferred  to  the  Colombo  High  Court  in  1996.  The  trial  was  continuing 


1697 

at  year's  end.  In  April  the  4  police  officers  indicted  in  1994  for  the  1990  murders 
of  12  civilians  in  WavuUtelle  were  acquitted  for  lack  of  evidence. 

There  were  no  developments  in  the  Government  investigations  into  the  mass 
graves  at  Sooriyakanda,  which  contain  an  estimated  300  bodies,  or  the  grave  at 
Ankumbura,  which  is  thought  to  contain  the  bodies  of  36  people  killed  by  the  police 
in  1989.  There  were  also  no  developments  in  the  Nikaweratiya  army  camp  incident 
in  which  20  youths  were  allegedly  killed  by  soldiers  in  1989  during  the  period  of 
the  JVP  uprising. 

On  July  10,  tne  ER,  which  had  been  in  force  throughout  the  country  intermit- 
tently since  1983,  was  lifted  in  most  areas  outside  of  the  north  and  east  and  the 
capital  of  Colombo.  There  was  no  evidence  that  the  Government  was  using  the  regu- 
lations, as  in  previous  vears,  to  conceal  extrajudicial  killings  or  disappearances. 
Nevertheless,  crucial  safeguards  built  into  the  ER  and  the  legislation  establishing 
the  new  Human  Rights  Commission  (HRC) — which  replaced  the  Human  Rights 
Task  Force  (HRTF>— were  being  routinely  ignored  by  the  security  forces — especially 
those  provisions  requiring  receipts  to  be  issued  for  arrests  and  ordering  the  security 
forces  to  notify  the  HRC  (previously  the  HRTF)  of  any  arrest  within  48  hours.  Al- 
though security  force  personnel  can  be  fined  or  jailed  for  failure  to  comply  with  the 
ER,  none  were  known  to  have  been  punished  during  the  year. 

In  the  east  and  in  Vavuniya  in  the  north,  the  military  wing  of  the  People's  Libera- 
tion Organization  of  Tamil  Eelam  (PLOTE),  the  Mohan  group  and  the  Rasheek 
group — pro-government  Tamil  militant  organizations — were  responsible  for  killing  a 
numoer  of  people.  The  security  forces  arm  and  use  these  militias  to  provide  informa- 
tion, help  identify  LTTE  insurgents  and,  in  some  cases,  fight  in  military  operations 
against  the  insurgents.  The  exact  size  of  these  militias  is  impossible  to  ascertain  but 
they  probably  total  less  than  2,000  persons.  Military  oversight  of  these  groups  is  in- 
adequate. These  groups  frequently  operated  beyond  government  control.  The  mili- 
tias gain  access  to  internally  displaced  persons  (IDP's)  transit  camps  through  a  vari- 
ety of  means,  including  bribery  and  threats.  Complaints  about  their  activities  con- 
tinued as  the  number  of  IDPs  interacting  with  them  increased,  especially  in  the 
IDP  transit  camps  in  Vavuniya.  It  was  impossible  to  determine  the  number  of  vic- 
tims because  of  the  secrewwith  which  these  groups  operated.  Those  killed  by  these 
miUtants  included  both  LTTE  operatives  and  civilians  who  failed  to  comply  with  ex- 
tortion demands. 

Violence  between  supporters  of  the  major  political  parties  worsened  during  the 
year,  and  six  people,  including  a  member  of  Parliament,  were  killed  in  violence  re- 
lated to  local  government  elections  held  in  March. 

The  LTTE  continued  to  commit  extrajudicial  killings.  In  July  it  killed  two  mem- 
bers of  Parliament  (M.P."s)  in  separate  attacks  that  also  claimed  the  lives  of  nine 
other  individuals,  including  a  small  child.  Killings  of  political  opponents  in  the  east 
continued,  some  perpetrated  by  "pistol  gangs"  which  successfully  carried  out  their 
attacks  using  motorcycles  and  revolvers.  The  LTTE  continued  to  execute  suspected 
government  informants.  In  the  past,  the  LTTE  has  killed  university  professors, 
members  of  nonviolent  Tamil  opposition  parties,  and  human  rights  monitors. 

In  July  the  LTTE  hijacked  an  empty  Indonesian-flag  passenger  ferry  and  subse- 
quently burned  it  after  releasing  the  crew.  Later  that  month  the  LTTE  hijacked  a 
North-Korean  flag  cargo  vessel,  killing  a  member  of  the  crew.  In  September  the 
LTTE  attacked  and  badly  damaged  a  Panamanian-flag  merchant  vessel.  Up  to  15 
civilians  were  killed  in  the  attack,  including  Chinese  crewmen. 

The  LTTE  also  attacked  government  installations.  For  example,  in  October  there 
were  several  attacks  on  police  stations  and  military  bases  in  the  north  and  east. 
Scores  of  people  on  both  sides  were  killed  in  these  actions. 

There  were  no  developments  in  the  October  1994  suicide  bombing  that  killed  the 
United  National  Party's  presidential  candidate,  Gamini  Dissanayake,  and  58  other 
people,  although  the  LTTE  is  generally  believed  to  be  responsible. 

b.  Disappearance. — Disappearances  at  the  hands  of  the  security  forces  continued, 
especially  in  the  east  and  north.  There  were  no  reports  of  disapf>earances  in 
Colombo  in  1997.  Most  of  the  disappearances  were  associated  with  the  arrest  of  sus- 
pected LTTE  insurgents.  At  least  125  individuals  disappeared,  although,  as  with 
extrajudicial  killings,  the  exact  number  was  impossible  to  ascertain  due  to  censor- 
ship of  news  about  security  force  operations  and  infrequent  access  to  the  north  and 
east. 

There  were  approximately  350  confirmed  cases  of  disappearance  in  1996,  34  in 
1995,  and  10  in  1994.  The  large  number  of  disappearances  in  1996  corresponded  to 
an  intensification  of  the  conflict  with  the  LTTE,  including  the  Governments  capture 
of  the  Jaffna  Peninsula  and  several  acts  of  terror  by  the  LTTE,  including  a  suicide 
bombing  in  Jaffna  in  July  1996.  Those  who  disappeared  in  1997  and  in  previous 
years  are  presumed  dead.  The  disappearances  involved  persons  last  known  to  be  in 


1698 

Police  or  army  custody.  The  Commander  of  the  Army  and  the  Inspector  General  of 
olice  have  both  issued  directives  condemning  disappearances  and  stating  that  per- 
petrators would  be  called  to  account.  No  security  force  personnel  have  been  pros- 
ecuted to  date. 

In  November  1996,  the  Ministry  of  Defense  established  a  Board  of  Investigation 
to  look  into  disappearances  in  the  north  and  east  and  review  security  forces  proce- 
dures. According  to  press  reports,  the  Board  received  more  than  2,500  complaints 
of  disappearances.  After  eliminating  duplicated  names,  the  Board  found  that  730 
persons  were  alleged  to  have  disappeared.  It  was  able  to  trace  182,  who  were  lo- 
cated at  home  or  in  custody.  The  oalance  of  548  cases  was  unresolved.  The  Board 
completed  its  activities  and  disbanded  by  year's  end,  and  its  findings  were  not  made 
pubuc.  At  year's  end,  the  Government  had  not  publicly  identified  or  charged  those 
responsible  for  disappearances  during  the  year,  although  government  officials  have 
indicated  that  those  responsible  would  be  held  accountable. 

The  mandates  of  the  three  regional  commissions  set  up  in  November  1994  to  in- 
quire into  disappearances  occurring  after  January  1,  1988  expired,  and  the  commis- 
sions submitted  their  final  reports  to  FVesident  Kumaratunga  in  September.  The 
commissions  investigated  19,079  cases  of  disappearance,  most  of  which  occurred 
during  the  1988-89  period  of  the  JVP  uprising.  The  commissions  are  reported  to 
have  found  evidence  that  16,742  persons  disappeared  after  having  been  involuntar- 
ily removed.  The  commissions  were  believed  to  have  accumulated  sufficient  informa- 
tion to  prosecute  a  large  number  of  government  officials  and  security  forces  person- 
nel for  human  rights  violations.  Their  final  reports  had  not  been  made  public  by 
year's  end,  nor  had  the  Government  taken  steps  to  prosecute  those  responsible  for 
the  disappearances,  although  the  Justice  Minister  promised  that  the  Government 
would  do  so. 

The  trial  of  11  suspects,  including  an  army  brigadier  general,  in  the  disappear- 
ance of  32  youths  from  the  southern  town  of  Embilipitiya  in  1989  and  1990  contin- 
ued at  year's  end.  These  were  no  developments  in  the  Vantharamulle  case,  in  which 
army  troops  allegedly  abducted  158  Tamils  from  a  refugee  camp  in  Batticaloa  dis- 
trict in  1990.  Observers  maintain  there  is  credible  evidence  identifying  the  alleged 
perpetrators.  There  was  also  no  progress  in  the  case  of  31  youths  who  allegedly  dis- 
appeared following  their  arrests  in  Divulapitiya  in  1989. 

The  Government  continued  to  give  the  International  Committee  of  the  Red  Cross 
(ICRC)  unhindered  access  to  approximately  250  detention  centers,  police  stations, 
and  army  camps  officially  recognized  as  places  of  detention.  This  played  an  impor- 
tant role  in  enabling  the  ICRC  to  monitor  the  human  rightspractices  of  the  security 
forces,  as  did  the  work  of  the  HRC,  which  replaced  the  HRTF  in  mid-year.  However, 
the  HRC  opened  an  office  in  JafTna  on  January  8,  1998.  Progovemment  Tamil  mili- 
tias detain  people  at  various  locations  that  serve,  in  effect,  as  undeclared  detention 
centers. 

Progovemment  Tamil  militants  in  the  east  and  north,  acting  independently  of 
government  authority,  were  also  responsible  for  disappearances.  As  in  the  case  of 
extrajudicial  killings,  it  was  impossible  to  determine  the  exact  number  of  victims  be- 
cause of  the  secrecy  with  which  these  groups  operated.  The  Government  has  taken 
no  clear  public  steps  to  condemn  the  militants'  actions  or  to  stop  them. 

The  LTTE  was  responsible  for  an  undetermined  number  of  civilian  disappear- 
ances in  the  northeastern  part  of  the  island.  Most  of  the  400  to  600  police  officers 
captured  by  the  LTTE  in  1990  are  believed  to  be  dead,  as  are  over  200  security  force 
personnel  captured  at  a  battle  in  Pooneryn  in  1993.  Although  the  LTTE  denies  tak- 
ing any  prisoners  following  the  MuUaittivu  battle  in  July  1996,  it  is  currently  sus- 
pected of  holding  some.  The  LTTE  has  not  notified  the  ICRC  of  any  new  security 
forces  prisoners  since  1994. 

c.  Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — 
In  1994  the  Government  acceded  to  the  Convention  Against  Torture  and  Other 
Cruel,  Inhuman  or  Degrading  Treatment  or  Punishment.  Parliament  also  enacted 
legislation  to  implement  the  torture  convention  by  making  torture  a  punishable  of- 
fense. The  Government,  however,  has  not  yet  developed  eifective  regulations  under 
the  new  legislation  to  prosecute  and  punish  military  and  police  personnel  respon- 
sible for  torture,  though  it  has  ceased  paying  fines  incurred  oy  security  force  person- 
nel gfuilty  of  the  offense.  Security  forces  personnel  have  been  fined  under  civil  law 
for  engaging  in  torture,  but  not  prosecuted  under  criminal  law  (see  Section  I.e.). 

Members  of  the  security  forces  continued  to  torture  and  mistreat  detainees  and 
other  prisoners,  both  male  and  female,  particularly  during  interrogation. 
Progovemment  Tamil  militants  in  the  east  and  north,  directly  responsible  to  the  se- 
curity forces,  also  engaged  in  torture.  Most  torture  victims  were  Tamils  suspected 
of  being  LTTE  insurgents  or  collaborators. 


1699 

Methods  of  torture  included  electric  shock,  beatings  (especially  on  the  soles  of  the 
feet),  suspension  by  the  wrists  or  feet  in  contorted  positions,  burnings,  and  near 
drownings.  In  other  cases,  victims  are  forced  to  remain  in  unnatural  positions  for 
extended  periods,  or  bags  laced  with  insecticide,  chili  powder,  or  gasoline  are  placed 
over  their  heads.  Detainees  have  reported  broken  bones  and  other  serious  injuries 
as  a  result  of  their  mistreatment.  There  were  no  reports  of  rape  in  detention. 

Under  ftindamental  rights  provisions  in  the  Constitution,  torture  victims  may  file 
civil  suit  for  compensation  in  the  Supreme  Court.  The  Court  granted  awards  rang- 
ing from  $200  to  $2,500.  Most  cases,  nowever,  take  2  years  or  more  to  move  through 
the  courts.  Moreover,  because  the  1994  Anti-torture  Law  imposes  a  heavy  minimum 
punishment  of  7  years'  imprisonment,  the  Court  is  scrutinizing  fundamental  rights 
cases  more  carefully  than  in  the  past,  since  findings  would  weigh  heavily  in  criminal 
prosecutions  of  torturers.  During  the  year,  there  were  no  cases  brought  before  the 
courts  under  the  Anti-torture  Law. 

The  LTTE  reportedly  used  torture  on  a  routine  basis.  Because  of  the  secretive  na- 
ture of  the  LTTE,  however,  no  first-hand  information  has  available. 

Prison  conditions  are  generally  poor  and  do  not  meet  minimum  international 
standards  because  of  overcrowding  and  lack  of  sanitary  facilities.  An  increase  in  the 
number  of  detentions  associated  with  the  war  with  the  LTTE  caused  a  significant 
deterioration  in  already  poor  standards  in  short-term  detention  centers. 

The  Government  permitted  representatives  from  the  ICRC  to  visit  approximately 
250  places  of  detention.  The  HRC  also  visited  prisons  on  an  ad  hoc  basis  and  other 
places  of  detention  regularly.  Usually  those  in  prison  already  have  been  convicted 
and  questions  related  to  the  proper  use  of  the  ER  and  PTA  for  arrest  are  no  longer 
relevant. 

Conditions  are  also  believed  to  be  poor  in  detention  facilities  operated  by  the 
LTTE. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. — Under  ordinary  law,  authorities  must  in- 
form an  arrested  person  of  the  reason  for  arrest  and  bring  that  person  before  a  mag- 
istrate within  24  nours.  In  practice,  persons  detained  under  ordinary  law  generally 
appear  before  a  magistrate  within  a  few  days  of  arrest.  The  magistrate  may  author- 
ize bail  or  order  continued  pretrial  detention  for  up  to  3  months  or  longer.  Under 
the  ER  and  the  Prevention  of  Terrorism  Act  (PTA),  security  forces  mav  detain  sus- 
pects for  extended  period  of  time  without  court  approval.  The  ER,  still  in  force  in 
many  areas  in  the  nation,  allow  pretrial  detention  for  a  maximum  of  four  consecu- 
tive 3-month  periods.  A  magistrate  must  order  further  detention.  Detainees  may 
challenge  their  detention  and  sue  the  Government  for  violating  their  civil  rights  in 
the  supreme  court. 

In  June  the  Government  used  the  ER  to  arrest  Sirisena  Cooray,  former  housing 
minister  under  the  UNP  Government,  who  had  formerly  been  a  prominent  figure 
in  the  opposition  party.  In  August  the  Supreme  Court  ruled  the  fundamental  rights 
of  Cooray  had  been  violated  and  ordered  the  (jovemment  to  release  him  from  cus- 
tody and  pay  $3,600  in  compensation. 

In  spite  01  government  announcements  that  it  would  close  all  secret  detention  cen- 
ters, there  were  continued  reports  that  the  security  forces  held  people  in  such  a 
manner,  especially  on  the  Jaffna  Peninsula.  Tamil  militant  groups,  ostensibly  under 
the  direct  control  of  the  security  forces,  were  known  to  be  operating  illegal — and 
unmonitored — detention  centers  in  the  east  and  in  Vavuniya. 

Detention  of  Tamils  continued  as  a  result  of  the  continuing  hostilities  with  the 
LTTE.  At  year's  end,  the  (Jovemment  held  more  than  1,500  detainees  under  the  ER, 
compared  with  1,500  at  the  end  of  1996,  940  at  the  end  of  1995,  and  38()  at  the 
end  of  1994.  Many  of  these  detainees  were  arrested  during  operations  against  the 
LTTE.  Between  January  and  July,  300  suspected  members  of  the  LTTE  were  de- 
tained on  the  Jaffna  Peninsula.  The  (jovemment  continued  to  detain  up  to  300  indi- 
viduals under  the  PTA,  which  permits  detention  without  charge  for  up  to  18 
months.  In  some  cases,  Tamils  have  been  detained  without  charge  under  the  PTA 
for  up  to  4  years. 

Arrests  and  detentions  by  the  police  took  place  in  violation  of  the  legal  safeguards 
built  into  the  ER  and  other  legislation,  particularly  regarding  requirements  that  re- 
ceipts be  issued  and  that  the  HRC  (previously  the  HRTF')  be  notified  of  any  arrest 
witnin  48  hours.  Those  arrested  by  tne  army  were  generally  turned  over  to  the  po- 
lice within  24  hours  as  required  under  the  ER.  The  HRC  has  a  legal  mandate  to 
visit  those  arrested  and  this  mandate  was  generally  respected  by  police  ofiicials. 
Due  to  censorship  and  infrequent  access  to  the  area,  it  was  unclear  what  was  hap- 
pening to  detainees  on  the  Jaffna  Peninsula.  The  ICRC  visits  declared  detention 
centers,  but  there  are  undeclared  detention  centers  in  the  north  that  are  not  visited 
on  a  regular  basis  but  are  visited  as  needed  when  information  received  indicates 
that  persons  are  being  held  there.  Reportedly  there  are  not  a  large  number  of  indi- 


1700 

viduals  that  are  held  in  undeclared  detention  camps,  probably  fewer  than  100.  More 
than  95  percent  of  the  detainees  are  held  in  the  main  detention  center,  where  condi- 
tions reportedly  are  quite  good.  On  the  other  hand,  conditions  in  the  undeclared  cen- 
ters range  from  adequate  to  extremely  poor. 

Security  forces  continued  to  conduct  mass  arrests  of  young  Tamils,  both  male  and 
female.  Major  sweeps  and  arrests  occurred  in  Colombo,  the  east,  and  on  the  Jaffna 
Peninsula.  Although  exact  numbers  of  arrests  were  impossible  to  determine,  they 
reached  into  the  thousands.  Hundreds  of  Tamils  at  a  time  were  picked  up  during 
police  actions.  Most  were  released  after  identity  checks  lasting  several  hours  to  sev- 
eral days.  The  Government  justified  the  arrests  on  security  grounds,  but  many 
Tamils  claimed  that  the  arrests  were  a  form  of  harassment.  In  addition,  those  ar- 
rested, most  of  whom  were  innocent  of  any  wrongdoing,  were  detained  in  prisons 
together  with  hardened  criminals. 

After  a  LTTE  truck  bomb  exploded  in  Colombo  in  October  (see  Section  l.g.),  the 
police  and  the  military  detained  hundreds  of  Tamils  in  a  broad  sweep  through  the 
citv.  All  but  50  persons  were  quickly  released. 

The  HRTF  and  later  the  HRC  continued  to  investigate  the  legality  of  detention 
in  cases  referred  to  it  by  the  Supreme  Court  and  private  citizens.  Although  the  HRC 
is  legally  constituted  to  exercise  oversight  over  arrests  and  detentions  by  the  secu- 
rity forces  and  to  undertake  visits  to  prisons,  members  of  the  security  forces  some- 
times breached  the  regulations  and  failed  to  cooperate  with  the  HRC. 

There  were  unconfirmed  reports  during  the  summer  that  the  LTTE  was  holding 
in  custody  more  than  2,000  civilians  in  the  northern  part  of  the  island,  including 
7  crew  members  of  the  Indonesian-flagged  passenger  ferry  hijacked  and  burned  that 
same  month.  The  LTTE  did  not  permit  the  ICRC  or  any  other  humanitarian  organi- 
zation to  visit  its  detainees  aside  from  the  22  security  force  personnel  and  5  crew 
members  of  another  civilian  ferry  hijacked  in  1995.  Three  otner  crew  members  of 
the  latter  ferry  and  17  Sinhalese  fishermen  previously  held  by  the  LTTE  were  re- 
leased. 

The  Government  does  not  practice  exile.  There  are  no  legal  provisions  allowing 
or  prohibiting  its  use. 

e.  Denial  of  Fair  Public  Trial. — The  Constitution  provides  for  an  independent  judi- 
ciary, and  the  Government  respects  these  provisions  in  practice. 

The  President  appoints  judges  to  the  Supreme  Court,  the  courts  of  appeal,  and 
the  high  courts.  A  judicial  service  commission,  comprised  of  the  Chief  Justice  and 
two  Supreme  Court  judges  appoints,  transfers  and  dismisses  lower  court  judges. 
Judges  serve  until  mandatory  retirement  age,  which  is  65  for  the  Supreme  Court 
and  62  for  iudges  on  other  courts.  Judges  can  be  removed  for  reasons  oi  misbehavior 
or  physical  or  mental  incapacity,  but  only  after  a  legal  investigation  followed  by 
joint  action  of  the  President  and  the  Parliament. 

In  criminal  cases,  defendants  are  tried  in  public  by  juries.  They  are  informed  of 
the  charges  and  evidence  against  them,  may  be  represented  by  the  counsel  of  their 
choice,  and  have  the  right  to  appeal.  The  Government  provides  counsel  for  indigent 
persons  tried  on  criminal  charges  in  the  high  courts  and  the  Court  of  Appeal  but 
not  in  other  cases;  private  legal  aid  organizations  assist  some  defendants.  There  are 
no  jury  trials  in  cases  brought  under  the  PTA.  Confessions,  which  are  inadmissible 
in  criminal  proceedings,  are  allowed  in  PTA  cases.  Most  convictions  under  the  PTA 
rely  heavily  on  them.  Defendants  bear  the  burden  of  proof  to  demonstrate  that  their 
confessions  were  obtained  by  coercion.  Defendants  in  PTA  cases  have  the  right  to 
appeal.  There  are  approximately  1,100  people  now  remanded  under  the  PTA. 
Tnroujgh  October,  there  were  844  cases  filed  under  the  PTA  and  ER  this  year.  In 
332  ofthese  cases,  indictments  have  been  filed,  but  no  cases  came  to  trial  during 
the  year. 

The  LTTE  has  its  own  court  system,  composed  of  young  judges  with  little  or  no 
legal  training.  The  courts  reportedly  impose  severe  punishments.  The  courts  operate 
without  codified  or  defined  legal  authority  and  essentially  operate  as  agents  of  the 
LTTE  rather  than  as  an  independent  judiciary. 

The  Government  claims  that  all  persons  held  under  the  ER  and  the  PTA  are  sus- 
pected members  of  the  LTTE  and,  therefore,  legitimate  security  threats.  There  is 
insufficient  information  to  determine  whether  these  detainees  or  members  of  the 
now  legal  Sinhalese  JVP  similarly  detained  in  past  years,  were  political  prisoners. 
Between  200  and  300  of  those  previously  detained — mostly  JVP  members — have 
been  convicted  under  criminal  law  and  remain  incarcerated.  In  many  cases,  human 
rights  monitors  question  the  legitimacy  of  the  criminal  charges  brought  against 
these  people. 

The  LTTE  also  holds  a  number  of  political  prisoners.  The  number  is  impossible 
to  determine  because  of  the  secretive  nature  oi  the  organization.  The  LTTE  refuses 
to  allow  the  ICRC  access  to  these  prisoners. 


1701 

f.  Arbitrary  Interference  With  Privacy,  Family,  Home,  or  Correspondence. — The 
Government  generally  respects  the  constitutional  protections  of  inoivldual  privacy 
and  the  sanctity  of  the  family  and  home.  The  police  obtain  proper  warrants  for  ar- 
rests and  searcnes  conducted  under  ordinary  law.  The  security  forces,  however,  are 
not  required  to  obtain  warrants  for  searches  conducted  under  either  the  ER  or  the 
PTA.  The  Secretary  of  Defense  is  responsible  for  providing  oversight  for  such 
searches.  In  at  least  one  case,  observers  believe  that  the  search  of  a  prominent  oppo- 
sition politician's  residence  under  the  ER  was  in  part  politically  motivated.  There 
is  no  judicial  review  or  other  means  of  redress  for  alleged  illegal  searches  under  the 
ER. 

The  Government  is  believed  to  monitor  telephone  conversations  and  correspond- 
ence on  a  selective  basis.  The  security  forces  routinely  open  mail  destined  for  the 
LTTE-controUed  areas  and  seize  contraband. 

Progovemment  Tamil  militant  groups,  nominally  operating  under  government 
control,  use  forced  conscription.  There  are  credible  reports  that  Tamil  youth  in  the 
east  in  particular  have  been  forced  to  join  these  groups  under  threats  to  themselves 
and  their  families. 

The  LTTE  routinely  invades  the  privacy  of  citizens.  It  maintains  an  effective  net- 
work of  informants.  In  1990  the  LTTE  evicted  thousands  of  Muslim  residents  from 
their  homes  in  the  north.  These  Muslims  currently  live  in  refugee  camps,  although 
a  few  have  begun  returning  to  their  homes  in  Jaffna.  There  are  credible  reports  the 
LTTE  has  warned  Muslims  displaced  from  the  Mannar  area  (approximately  50,000 
persons)  not  to  return  to  their  homes  until  the  war  is  over. 

g.  Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  In  Internal  Con- 
flicts.— Hostilities  between  the  Government  and  the  LTTE  continued  throughout  the 
year.  The  security  forces  generally  exercised  greater  restraint  in  the  use  of  excessive 
force  than  they  had  previously.  From  October  1995  through  April  1996,  the  Govern- 
ment conducted  coordinated  military  attacks  on  LTTE-held  territory  in  the  Jaffna 
Peninsula,  resulting  in  the  capture  of  Jaffna  City  in  December  1995  and  the  remain- 
der of  the  peninsula  by  April  1996.  In  May  government  forces  launched  a  major  of- 
fensive north  of  Vavuniya  in  the  Vanni  region  aimed  at  opening  a  land  supply  route 
to  the  Jaffna  Peninsula.  Casualties  in  the  offensive  have  been  heavy.  Over  400,000 
people  remain  displaced  by  the  past  2  years  of  fighting. 

The  fact  that  the  Government  was  planning  an  offensive  to  open  a  land  route  to 
Jaffna  was  widely  publicized  well  before  it  began,  allowing  civilians  time  to  vacate 
the  probable  area  of  military  operations.  Civilian  casualties  were  also  reduced  due 
to  the  relatively  slow  and  methodical  manner  in  which  government  security  forces 
pushed  forward,  enabling  the  relatively  few  civilians  remaining  in  the  area  to  flee 
well  in  advance  of  troop  movements.  Civilians  living  or  moving  near  the  military's 
established  forward  defense  lines,  however,  have  been  killed  by  security  forces.  Ac- 
cording to  credible  reports,  such  killings  have  been  a  particular  problem  near 
Kilinochchi  in  the  north. 

The  Government  organized  convoys  of  food  to  the  roughly  500,000  civilians  living 
in  LTTE-controUed  areas  in  the  Vanni.  During  the  year,  it  shipped  33,340  metric 
tons  of  food,  and  furnished  an  additional  17,997  metric  tons  through  Multi-Purpose 
Cooperative  Societies.  These  supplies,  supplemented  by  locally  produced  food,  were 
adequate  to  satisfy  the  short-term  minimum  food  needs  of  most  civilians.  Neverthe- 
less, the  food  situation  in  the  Vanni  was  serious.  Experts  noticed  an  increase  in  ane- 
mia and  a  lower  birth  rate,  both  indications  of  lower  levels  of  nutrition.  Nutrition 
levels  were  below  the  national  average,  and  there  were  confirmed  cases  of  malnutri- 
tion, including  hundreds  of  cases  of  malnourished  children.  Malnutrition  resulted 
from  several  factors,  including  food  shortages,  poverty,  and  war-related  dislocations. 
In  addition,  the  LTTE  appropriated  government-supplied  food  for  use  by  non-civil- 
ians. In  September,  using  estimates  that  400,000  people  in  the  Vanni  were  in  need 
of  food  assistance,  the  Government  agreed  with  NGO  s  and  international  organiza- 
tions that  monthly  deliveries  of  6,000  metric  tons  were  needed  to  provide  a  nutri- 
tional minimum  of  15  kilos  per  person.  However,  subsequent  monthly  shipments 
averaged  only  3,400  metric  tons. 

The  Government  maintained  a  long-list  of  prohibited  "war-related"  medical  items, 
such  as  sutures.  Plaster  of  Paris,  IV's,  bandages,  and  some  drugs.  NGO's  and  other 
groups  desiring  to  take  these  items  to  LTTE-controlled  areas  in  the  Vanni  needed 
permission  from  local  officials  as  well  as  the  Ministry  of  Defense.  Delays  were  com- 
mon and  approval  was  sometimes  denied,  lest  supplies  fall  into  the  hands  of  the 
LTTE.  As  a  result,  many  medical  items  in  the  Vanni  were  in  short  supply.  This 
shortfall  contributed  to  an  already-serious  deterioration  in  the  quality  and  quantity 
of  medical  care  furnished  to  the  civilian  population. 

The  security  forces  also  continued  to  receive  instruction  in  international  humani- 
tarian law  as  part  of  their  training  courses  (see  Section  4).  Civilian  casualties  in 


1702 

the  north  and  east  battle  zone  have  been  relatively  low,  but  rose  through  the  year. 
The  armed  forces  operate  under  written  rules  of  engagement  which  severely  restrict 
the  shelling,  bombardment,  or  other  use  of  firepower  against  civilian-occupied  areas 
such  as  villages.  Although  incidents  occurred  where  the  rules  seemingly  were 
breached  or  waived,  these  were  isolated  cases.  Poor  targeting  by  the  armed  forces 
resulted  in  civilian  casualties  from  artillery  fire  and  bombs.  For  example,  in  August, 
a  bomb  from  a  government  attack  aircraft  missed  its  intended  target  (an  WTE 
camp)  by  approximately  a  kilometer  and  struck  a  church,  killing  eight  civilians  and 
wounding  14  others.  In  a  separate  incident,  an  attempt  to  bomb  LTTE  cadre  near 
Pooneryn  resulted  in  several  civilian  deaths.  The  security  forces  use  aerial  observa- 
tion for  selecting  targets  for  shelling  and  bombing.  They  also  attempt  to  locate  the 
source  of  incoming  mortar  fire  before  responding.  Government  mortar  and  artillery 
fire  is,  however,  very  inaccurate  and  has  killed  civilians. 

The  Government  reported  capturing  seven  LTTE  cadre  prisoner  on  the  battlefield 
during  the  year.  In  addition,  the  Ministry  of  Defense  reported  that  in  1997  more 
than  50  LTTE  insurgents  turned  themselves  in  and  in  excess  of  80  insurgents  were 
apprehended  by  security  forces.  Given  the  scale  of  hostilities  and  the  large  number 
of  LTTE  casualties,  observers  found  the  number  of  prisoners  taken  under  battlefield 
conditions  to  be  extremely  low;  many  LTTE  fighters  were  apparently  killed  rather 
than  taken  prisoner.  Observers  believe  that  a  "take-no-prisoners"  policy  was  in  ef- 
fect, but  that  it  was  impossible  to  estimate  the  number  of  killings.  Various  cir- 
cumstances may  have  worked  to  limit  the  number  of  LTTE  fighters  who  were  taken 
prisoner,  including  LTTE  guerrilla  tactics,  its  efforts  to  remove  wounded  fighters 
from  the  battlefield,  and  the  proclivity  of  fighters  to  choose  suicide  over  capture.  No 
army  or  other  security  forces  personnel  were  prosecuted  or  disciplined  for  executing 
prisoners. 

The  Government  refused  to  permit  relief  organizations  to  provide  medical  atten- 
tion to  wounded  LTTE  fighters,  although  it  has  offered  to  treat  any  LTTE  wounded 
entrusted  to  government  care. 

The  LTTE  admits  that  it  kills  security  force  personnel  rather  than  take  them  pris- 
oner. It  admits  to  holding  only  22  security  force  prisoners,  all  of  whom  were  cap- 
tured in  1993  and  1994.  the  LTTE  is  believed  to  have  killed  most  of  the  police  offi- 
cers and  security  force  personnel  that  it  has  captured  in  recent  years. 

The  navy  sank  or  badly  damaged  seven  LTTE  boats  and  killed  scores  of  rebels 
in  a  5-hour  sea  battle  in  October;  at  least  2  naval  personnel  were  killed. 

The  LTTE  uses  excessive  force  in  the  war.  During  the  course  of  the  year,  the 
LTTE  engaged  in  the  killing  of  noncombatants,  hostage-taking,  hijackings,  torture, 
and  bombing  of  civilian  targets.  On  March  22,  a  bomb  thrown  at  a  crowd  of  PA  sup- 
porters in  the  north  wounded  10  persons.  On  October  15,  LTTE  guerrillas  set  off 
a  powerful  truck  bomb  in  Colombo,  killing  18  people  and  wounding  more  than  110 
others.  One  of  the  LTTE  terrorists  fleeing  the  scene  of  the  October  15  bombing  ob- 
served a  group  of  devotees  praying  at  a  Buddhist  temple.  The  terrorist  threw  a  gre- 
nade into  the  temple  compound,  killing  a  Buddhist  monk. 

The  LTTE  has  been  accused  in  the  past  of  using  church  and  temple  compounds, 
where  civilians  are  instructed  by  the  Government  to  congregate  in  the  event  of  hos- 
tilities, as  shields  for  the  storage  of  munitions.  In  the  July  1996  attack  on  the  army 
base  at  MuUaitivu,  the  LTTE  killed  upwards  of  1,500  government  troops,  reportedly 
killing  even  those  troops  who  attempted  to  surrender.  During  the  Government  offen- 
sive on  the  Jaffna  Peninsula  in  1995-96,  LTTE  fighters  forced  some  civilians  to 
abandon  their  homes  and  retreat  with  them,  allegedly  as  human  shields,  in  the  face 
of  advancing  government  troops.  Reports  that  the  LTTE  were  using  children  on  the 
battlefield  were  unverified. 

Section  2.  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press. — Although  the  Constitution  provides  for  freedom 
of  speech  and  expression,  restrictions  are  permitted  on  national  security  grounds. 
During  the  year,  the  Government  strictly  limited  the  access  of  domestic  and  foreign 
media  to  information  and  censored  news  relating  to  military  and  police  matters. 
There  was  direct  censorship  of  newspaper  reports  relating  to  ongoing  military  oper- 
ations from  January  until  the  end  of  May,  with  censors  deleting  specifics  regarding 
these  operations.  International  television  broadcasts  received  in  the  country  were 
also  censored  during  the  same  period,  with  references  to  Sri  Lanka  filtered  out  of 
the  broadcasts.  The  new  Media  Minister  indicated  in  June  that  all  censorship  would 
cease.  During  the  year,  the  Government  also  limited  access  of  journalist  to  areas 
of  conflict  and  in  at  least  one  case  is  believed  to  have  harassed  a  journalist  who 
regularly  reported  on  defense  matters. 


1703 

The  Government  controls  the  country's  largest  newspaper  chain,  two  major  tele- 
vision stations,  and  the  Sri  Lanka  Broadcasting  Corporation.  There  are,  however, 
a  variety  of  independent  newspapers,  journals,  and  raoio  and  television  stations. 

A  number  of  government  actions  during  the  year  were  of  concern  to  the  media. 
The  Government  has  still  failed  to  reform  the  Press  Law  and  privatize  government- 
owned  media  as  promised  during  the  1994  election  campaign.  The  Government  pre- 
sented a  draft,  Broadcasting  Reform  bill  in  Parliament  in  April,  but  opposition  from 
members  of  the  media  was  considerable,  and  in  May  the  Supreme  Court  ruled  that 
the  bill  was  inconsistent  with  the  Constitution.  In  one  of  two  defamation  of  char- 
acter suits  filed  by  President  Kumaratunga  in  1995  against  leading  editors,  one  edi- 
tor was  found  guilty,  fined  $180,  and  sentenced  to  18  months  in  prison.  The  sen- 
tence was  suspended,  and  the  editor  is  appealing  the  verdict.  The  second  defamation 
case  and  three  new  ones — all  against  editors  of  major  pro-opposition  newspapers — 
were  pending  at  year's  end.  These  cases  were  viewed  by  journalists  as  frivolous,  in- 
tended only  to  harass  and  intimidate  the  media.  Journalists  were  also  concerned 
about  continuing  political  attacks  on  the  local  press  by  leading  politicians.  Both  for- 
eign and  national  ioumalists  are  allowed  to  go  to  Jaffna,  but  they  must  first  receive 
permission  from  the  Foreign  Ministry  and  the  Ministry  of  Defense.  There  are  oflien 
bureaucratic  delays  in  processing  requests  and  some  journalists  complain  that  they 
are  individually  prevented  from  going  north.  According  to  the  Government,  the 
delays  are  a  result  of  the  limited  number  of  seats  on  military  aircraft  flying  journal- 
ists to  Jaffna.  The  Government  occasionally  organizes  groups  of  journalists  to  visit 
Jaffna  and  the  front  lines.  There  was  also  a  local  newspaper  that  published  in 
Jaffna. 

Ishini  Perara,  news  director  of  an  independent  television  and  radio  company,  had 
been  charged  under  the  PTA  for  broadcasting  news  that  could  have  incited  inter- 
communal  violence.  The  charges  were  dismissed  by  court  order  in  June.  The  court 
stated  that  the  case  against  Perera  had  been  filed  with  vengeful  motives  and  was 
also  critical  of  how  the  police  handled  the  affair.  In  August  there  was  evidence  of 
close  government  monitoring  of  a  journalist  who  reported  on  defense  matters,  al- 
though the  Government  denied  the  accusation. 

In  a  positive  development,  the  Government  in  September  rescinded  the  Par- 
liamentary Powers  and  FVivileges  Act.  This  law  stipulated  an  unlimited  fine  or  up 
to  2  years'  imprisonment  for  anyone  who  criticizea  a  Member  of  Parliament.  Al- 
though the  Government  had  not  invoked  the  law  since  1992,  journalists  and  civil 
libertarians  complained  that  it  was  an  unjustified  infringement  on  freedom  of  the 
press. 

The  LTTE  does  not  tolerate  freedom  of  expression.  It  tightly  restricts  the  print 
and  broadcast  media  in  areas  under  its  control.  In  the  past,  the  LTTE  has  killed 
those  reporting  and  publishing  on  human  rights. 

The  Government  generally  respects  academic  freedom.  During  the  year,  the  ER 
were  not  used,  as  they  had  been  in  the  past,  to  control  students. 

The  LTTE  also  does  not  respect  academic  freedom  and  has  repressed  and  killed 
intellectuals  who  criticize  it,  such  as  a  university  vice-chancellor  who  was  kidnaped 
in  November  1995  and  released  in  January  1996.  It  has  severely  repressed  meml^rs 
of  a  human  rights  organization,  the  University  Teachers  for  Human  Rights,  which 
was  formerly  based  on  the  JafTna  Peninsula;  most  former  members  of  this  group 
have  been  killed. 

b.  Freedom  of  Peaceful  Assembly  and  Association. — The  law  provides  for  freedom 
of  assembly,  and  the  Government  respects  this  right  in  practice.  Although  the  PTA 
may  restrict  this  freedom,  the  Government  did  not  use  the  act  for  that  purpose  in 
1997.  The  Government  generally  granted  permits  for  demonstrations. 

The  law  provides  for  freedom  of  association,  and  the  Government  respects  this 
right  in  practice.  Although  the  PTA  may  restrict  this  right,  the  Government  did  not 
use  the  act  for  that  purpose  in  1997. 

c.  Freedom  of  Religion. — The  Constitution  establishes  Buddhism  as  the  official  na- 
tional religion,  but  it  also  provides  for  the  right  of  members  of  other  faiths  to  prac- 
tice their  religions  freely.  The  Government  respects  this  right  in  practice.  Foreign 
clergy  may  work  in  Sri  Lanka,  but  for  more  than  30  years  the  Government  has  pro- 
hibited the  entry  of  new  foreign  Jesuit  clergy.  Thirty  years  ago,  the  Government 
reached  an  agreement  with  the  Catholic  Church  that  new  foreign  clergy  would  not 
be  permitted  to  enter  the  country  on  a  permanent  basis.  As  foreign  clergy  retired, 
they  would  be  replaced  by  Sri  Lankans.  It  permitted  those  already  in  the  country 
to  remain.  However,  the  Jesuits  want  their  clergy  to  be  replaced  by  foreign  members 
of  their  order  as  they  retire.  The  local  Catholic  Church  hierarchy  does  not  support 
the  Jesuits  in  the  dispute  and  is  not  lobbying  the  Government  to  change  the  agree- 
ment. 


45-909    98-55 


1704 

Evangelical  Christians,  who  constitute  less  than  1  percent  of  the  population,  have 
expressed  concern  that  their  efforts  at  proselytization  are  often  met  with  hostility 
and  harassment  by  the  local  Buddhist  clergy  and  others  opposed  to  their  work  (see 
Section  5).  They  sometimes  complain  that  the  Government  tacitly  condones  such 
harassment.  However,  there  is  no  evidence  to  support  this.  The  Assemblies  of  God 
filed  a  fundamental  rights  case  with  the  Supreme  Court,  after  the  local  village  coun- 
cil in  Gampaha  had  tried  to  block  the  construction  of  a  church  on  the  grounds  that 
it  would  interfere  with  Buddhism.  The  Supreme  Court  ruled  that  the  construction 
of  the  church  could  proceed. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Re- 
patriation.— The  Constitution  grants  every  citizen  "freedom  of  movement  and  of 
choosing  his  residence"  and  "freedom  to  return  to  Sri  Lanka."  The  Government  gen- 
erally respects  the  right  to  domestic  and  foreign  travel.  Nonetheless,  the  war  with 
the  LTTE  prompted  the  Government  to  impose  more  stringent  checks  on  travelers 
from  the  north  and  the  east  and  on  movement  in  Colombo,  particularly  after  dark. 
These  security  measures  had  the  effect  of  restricting  the  movement  of  Tamils,  espe- 
cially young  males. 

Prior  to  the  Government  military  offensive  on  the  Jaffna  Peninsula  in  1995  and 
1996,  an  estimated  600,000  citizens  had  been  displaced  by  the  insurgency.  Most 
lived  in  camps  financed  by  the  Government  and  nongovernmental  organizations 
(NGO's).  The  Jaffna  offensive,  in  addition  to  the  military  advance  on  Kilinochchi  in 
the  Vanni  region  in  July  1996,  resulted  in  the  displacement  of  480,000  people  in 
LTTE-controUed  areas  of  the  Vanni;  some  of  these  people  were  being  displaced  for 
a  second  or  third  time.  Some  of  the  displaced  lived  with  friends  or  relatives,  or  in 
"welfare  centers"  in  schools,  religious  institutions,  and  other  public  buildings.  Many 
others  lived  in  makeshift  shelters  or  camped  out  under  trees.  The  Government  con- 
tinued to  supply  them  with  food,  medicine,  and  other  essential  supplies.  A  military 
offensive  in  the  Vanni  that  began  in  May  created  over  70,000  newly  displaced  peo- 
ple. The  return  of  tens  of  thousands  of  displaced  persons  to  their  homes  on  the 
Jaffna  Peninsula  has  helped  to  relieve  the  situation. 

Prior  to  1996,  the  LTTE  severely  restricted  the  movement  of  Tamils  under  its  con- 
trol, often  levying  a  large  "exit  tax"  on  persons  wishing  to  travel  to  areas  under  gov- 
ernment control  and  requiring  travelers  to  leave  all  their  property  in  escrow.  In  ad- 
dition, it  would  usually  grant  permission  to  only  one  family  member  to  travel  at  a 
time.  Following  the  Government  capture  of  Jaffna,  however,  the  LTTE  began  to 
allow  people  to  move  more  freely  into  government-controlled  areas,  although  it  did 
disrupt  the  movement  of  IDPs  from  Trincomalee  and  Mannar  to  Jaffna  by  hijacking 
or  attacking  civilian  shipping  in  the  north. 

From  October  1996  until  the  end  of  1997,  over  90,000  people  are  estimated  to 
have  moved  out  of  LTTE -controlled  regions  through  Vavuniya  and  other  transit 
points.  Of  these,  over  60,000  persons  were  repatriated  to  Jaffna  and  other  Tamil- 
majority  areas.  Many  had  left  the  Vanni  with  the  intention  of  proceeding  south; 
they  opted  for  other  destinations  only  aft«r  learning  they  would  have  to  remain  in 
transit  camps  until  security  clearances  for  southward  travel  were  obtained.  Obtain- 
ing a  clearance  was  oft^n  a  lengthy  process  and  some  human  rights  groups  alleged 
that  the  procedures  were  arbitrary  and  unreasonably  strict.  Clearance  procedures 
were  applied  to  everyone,  including  the  elderly  and  very  young.  While  the  Govern- 
ment had  a  legitimate  interest  in  identifying  LTTE  infiltrators,  it  also  seemed  reluc- 
tant to  allow  displaced  Tamils  to  travel  to  Colombo  where  they  would  contribute  to 
unemployment  and  other  social  problems.  About  9,000  of  these  displaced  people  con- 
tinue to  live  in  substandard  conditions  in  camps  in  Vavuniya.  Many  of  these  people 
hope  to  return  to  their  homes  in  the  areas  of  conflict  once  the  fighting  stops. 

Several  thousand  Tamils  fled  LTTE-controlled  areas  to  Tamil  Nadu  in  southern 
India  in  1997.  An  estimated  64,000  Tamil  refugees  were  already  estimated  to  live 
in  camps  there.  Another  100,000  refugees  are  believed  to  have  been  integrated  into 
Tamil  society  in  southern  India.  On  February  20,  a  boat  carrying  ethnic  Tamils  flee- 
ing the  fighting  reportedly  overturned.  Authorities  believe  that  approximately  165 
persons  were  killed. 

The  Government  cooperates  with  the  U.N.  High  Commissioner  for  Refugees 
(UNHCR)  and  other  humanitarian  organizations  in  assisting  refugees.  The  issue  of 
the  provision  of  first  asylum  did  not  arise  in  1997.  The  Government  does  not  permit 
the  entry  of  refugees  into  the  country,  nor  does  it  aid  those  who  manage  to  enter 
to  seek  permanent  residence  elsewhere.  There  were,  however,  no  instances  of  forc- 
ible repatriation. 


1705 

Section  3.  Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Govern- 
ment 

Citizens  have  the  constitutional  right  to  change  their  government  through  peri- 
odic multiparty  elections  based  on  universal  adult  suffrage.  This  right  was  exercised 
during  parliamentary  elections  in  August  1994,  when  the  People  s  Alliance  Party 
(PA)  ended  the  17-year  rule  of  the  United  National  Party,  and  during  the  Presi- 
dential election  in  November  1994,  when  PA  presidential  candidate  Chandrika 
Kumaratunga  won  62  percent  of  the  vote.  In  March  local  elections  for  municipal, 
urban,  and  village  councils  were  held  in  those  areas  of  the  country  under  eovem- 
ment  control.  The  local  elections  were  marked  by  significant  violence  and  some 
charges  of  electoral  fraud.  Most  of  the  violence  was  simple  hooliganism  and  thug- 
gery. There  was  a  considerable  number  of  beatings  and  threats,  as  well  as  acts  of 
uiievery,  arson,  and  vandalism.  The  violence  did  not  seem  to  be  organized,  except 
at  the  very  local  level  by  some  px)ups  of  party  activists.  Neither  political  party  took 
action  to  discipline  party  activists  who  engaged  in  violence.  Nevertheless,  election 
monitors  generally  believed  that  the  outcome  of  the  election — in  which  the  PA  won 
most  council  seats — was  not  affected. 

Although  the  Government  planned  to  hold  elections  for  local  government  bodies 
on  the  Jaffna  Peninsula  during  the  year,  the  elections  were  postponed  until  January 
1998  because  of  the  prevailing  security  situation. 

The  Commissioner  of  Elections  recognizes  34  parties;  9  hold  seats  in  the  225- 
member  Parliament.  The  two  most  influential  parties,  the  PA  and  the  UNP,  gen- 
erally draw  their  support  from  the  majority  Sinhalese  community.  Historically, 
these  two  parties  have  alternated  in  power.  There  are  27  Tamil  and  20  Muslim 

M.P.'8. 

Although  there  are  no  legal  impediments  to  the  participation  of  women  in  politics 
or  government,  the  social  mores  in  some  communities  limit  women's  activities  out- 
side the  home.  Nonetheless,  in  August  1994,  voters  elected  a  parliament  that  chose 
a  female  Prime  Minister  for  the  third  time  in  Sri  Lanka's  history.  In  November 
1994,  a  woman  was  elected  President  for  the  first  time.  Eleven  women  hold  seats 
in  the  Parliament.  In  addition  to  the  Prime  Minister  and  the  Minister  for  Women's 
Affairs,  four  deputy  ministers  are  women. 

The  LTTE  remses  to  allow  elections  in  areas  under  its  control. 

Section  4.  Governmental  Attitude  Regarding  International  and  Nongovernmental  In- 
vestigation of  Alleged  Violations  of  Human  Rights 

In  July  1996,  Parliament  passed  the  Human  Rights  Commission  Act  which  cre- 
ated a  permanent  human  rights  commission,  the  HRC.  The  five-member  body  is  em- 
powered to  monitor  government  human  rights  practices,  to  ensure  compliance  with 
constitutional  fundamental  rights  provisions,  and  to  investigate  complaints  of 
human  rights  abuse.  The  HKC  has  assumed  the  Human  Rights  Task  Force's 
(HRTF)  responsibility  for  investigating  human  rights  complaints.  Between  June  2 
and  the  ena  of  November,  the  HRC  had  received  1,235  complaints,  averaging  more 
than  200  complaints  a  month.  It  had  also  conducted  more  tnan  600  visits  to  police 
stations  and  120  visits  to  detention  camps.  In  addition,  when  the  Sri  Lanka  Founda- 
tion's Center  for  Elimination  of  Discrimination  (CED)  ceased  operation  in  the  sum- 
mer, the  HRC  accepted  1,900  cases  previously  on  the  CED's  books  for  investigation. 
Some  of  these  cases  were  duplicates  of  the  1,235  received  directly  by  the  HRC,  but 
it  is  estimated  the  HRC  now  has  well  over  2,000  cases  pending.  Recently,  as  pro- 
vided by  law,  the  Supreme  Court  has  started  referring  cases  involving  the  violation 
of  fundamental  rights  to  the  HRC  for  review.  Thus  far,  the  HRC  has  finished  pre- 
liminary investigative  work  on  50  to  75  cases.  The  slow  progress  is  attributable  to 
the  demands  placed  on  the  HRC  in  setting  itself  up,  continuing  the  HRTF  work  in 
visiting  prisons  and  detention  centers,  and  opening  an  office  in  Jaffna  on  January 
8,  1998. 

The  legislation  also  provides  safeguards  for  people  detained  under  the  PTA  and 
ER  and  gives  the  HRC  the  power  to  monitor  the  welfare  of  detainees.  The  Human 
Rights  Commission  was  constituted  in  March  and  began  operations  in  mid-year. 

The  Cabinet  ratified  the  optional  protocol  to  the  International  Covenant  on  Civil 
and  Political  Rights  in  September  1996.  Administrative  machinery  to  implement 
government  compliance  with  the  protocol  had  not  been  established  by  year's  end. 

There  are  several  local  human  rights  groups,  including  the  Movement  for  Inter- 
racial Justice  and  Equality  (MIRJE),  the  University  Teachers  for  Human  Rights, 
the  Civil  Rights  Movement  (CRM),  and  the  Law  and  Society  Trust  (LST),  that  mon- 
itor civil  and  political  liberties.  There  are  no  adverse  government  regulations  gov- 
erning the  activities  of  local  and  foreign  NGO's. 

The  Government  continued  to  allow  the  ICRC  unrestricted  access  to  detention  fa- 
cilities. The  ICRC  provided  international  humanitarian  law  training  materials  and 


1706 

training  to  the  security  forces.  The  UNHCR,  ICRC,  and  a  variety  of  international 
NGO's  assisted  in  the  delivery  of  food,  medical  and  other  essential  supplies  to  the 
northern  war  zone.  Following  the  capture  of  the  Jaffna  Peninsula  in  April  1996,  the 
army  seriously  restricted  the  movement  of  supplies  by  international  organizations 
and  NGO's  to  LTTE-controlled  areas.  Most  of  these  restrictions  were  lifted  by  1997, 
although  the  Government  periodically  limited  the  delivery  of  supplies  around  the 
time  01  military  operations. 

Section  5.  Discrimination  Based  on  Race.  Sex,  Religion,  Disability,  Language,  or  So- 
cial Status 

The  Constitution  provides  for  equal  rights  under  the  law  for  all  citizens  and  the 
Government  ^eneraUy  respects  these  ridrits.  The  Supreme  Court  regularly  upholds 
court  rulings  in  cases  in  wnich  individuals  file  suit  over  the  abridgment  of  their  fun- 
damental civil  rights.  The  new  Human  Rights  Commission  is  another  mechanism 
the  Government  has  established  to  ensure  enforcement  of  constitutional  provisions 
in  addition  to  access  to  the  courts. 

Women. — Sexual  assault,  rape,  and  spousal  abuse  (often  associated  with  alcohol) 
represent  serious  and  pervasive  forms  of  societal  violence  against  women.  New 
amendments  to  the  Penal  Code  introduced  in  1995  specifically  addressed  sexual 
abuse  and  exploitation.  Rape  laws  were  modified  to  create  a  more  equitable  burden 
of  proof  and  to  make  punishments  more  stringent.  Marital  rape  is  considered  an  of- 
fense in  cases  of  spouses  living  under  judicial  separation,  and  laws  govern  sexual 
harassment  in  the  workplace  and  sexual  molestation.  While  the  Penal  Code  may 
ease  some  of  the  problems  faced  by  victims  of  sexual  assault,  many  women's  organi- 
zations believe  that  greater  sensitization  of  police  and  judicial  officials  is  also  re- 
quired. 

Laws  against  procuring  and  trafficking  were  strengthened  in  1995,  facilitating  the 
prosecution  of  brothel  owners.  Police  statistics  indicated  that  there  were  26,862 
crimes  against  women  during  the  period  from  January  to  June,  compared  with 
31,241  crimes  during  the  same  period  in  1996. 

The  Constitution  provides  for  equal  employment  opportunities  in  the  public  sec- 
tor, but  women  have  no  legal  protection  against  discrimination  in  the  private  sector, 
where  they  are  sometimes  paid  less  than  men  for  equal  work,  often  experience  dif- 
ficulty in  rising  to  supervisory  positions,  and  face  sexual  harassment.  Women  con- 
stitute approximately  one-hau  of  the  formal  work  force. 

Women  have  equal  rights  under  national  civil  and  criminal  law.  However,  issues 
related  to  family  law,  including  divorce,  child  custody,  and  inheritance,  are  adju- 
dicated by  the  customary  law  ol  each  ethnic  or  religious  group.  In  1995  the  Govern- 
ment raised  the  minimum  age  of  marriage  for  women  from  12  to  18  years,  except 
in  the  case  of  Muslims,  who  continue  to  lollow  their  customary  marriage  practices. 
The  application  of  different  legal  practices  based  on  membership  in  a  religious  or 
ethnic  group  often  results  in  discrimination  against  women. 

During  massacres  of  civilians  in  the  east  in  October  1995,  the  LTTE  raped  a  num- 
ber of  the  victims.  This  marked  the  first  time  in  the  ethnic  conflict  that  the  LTTE 
deliberately  used  rape  as  a  weapon  of  terror.  Such  abuses  were  not  reported  in  1996 
or  1997. 

Children. — The  Government  is  committed  to  protecting  the  welfare  and  rights  of 
children  but  is  constrained  by  a  lack  of  resources. 

The  Government  demonstrates  a  strong  commitment  to  children's  rights  and  wel- 
fare through  its  widespread  systems  of  piiblic  education  and  medical  care.  Education 
is  compulsory  to  the  age  of  12  and  free  through  university.  Health  care,  including 
immunization  programs,  is  also  free. 

TTiere  is  a  significant  problem  of  child  prostitution  in  certain  coastal  resort  areas. 
The  Government  estimates  that  there  are  more  than  2,000  active  child  prostitutes 
in  the  country,  but  private  groups  that  claim  the  number  is  much  higher.  Many  of 
these  prostitutes  are  boys  who  sell  themselves  to  foreign  tourists,  and  the  Govern- 
ment has  pushed  for  greater  international  cooperation  to  bring  those  guilty  of 
pedophilia  to  justice.  The  Penal  Code  was  amended  to  strengthen  punishments  for 
trafficking  of  persons.  In  1995  the  Ministry  of  Media,  Tourism  and  Aviation  created 
a  task  force  specificallv  to  study  the  problem  of  sex  tourism  and  related  offenses, 
but  no  new  legislation  has  resulted. 

In  the  first  half  of  1997,  the  police  recorded  1,633  cases  of  crimes  against  children, 
a  decrease  from  3,687  crimes  in  the  first  half  of  1996.  NGO's  attribute  the  problem 
of  exploitation  of  children  to  the  lack  of  law  enforcement  rather  than  inadequate  leg- 
islation. Many  law  enforcement  resources  are  diverted  to  the  war  with  the  LTTE. 

Close  to  26,000  children  are  known  to  be  fully  employed,  compared  with  approxi- 
mately 20,600  in  1996.  Additional  thousands  of*^ children  are  believed  to  be  working 
in  domestic  service.  There  have  been  reports  of  rural  children  working  as  domestic 


1707 

servants  in  urban  households — often  given  into  service  by  poverty  stricken  par- 
ents— and  being  abused  by  their  employers.  Some  of  these  children  have  reportedly 
been  starved,  beaten,  sexually  abused,  and  forced  into  prostitution  (see  Section  6.c.). 
The  Government  states  that  it  does  not  have  sufficient  resources  to  protect  these 
children  from  such  exploitation  (see  Section  6.d.). 

People  With  Disabilities. — The  law  does  not  mandate  accessibility  to  buildings  or 
government  services  for  people  with  disabilities.  The  World  Health  Organization  es- 
timates that  7  percent  of  the  population  is  disabled.  Most  disabled  people  who  are 
unable  to  work  are  cared  for  by  their  families.  The  Department  of  Social  Services 
runs  8  vocational  training  schools  for  the  physically  and  mentally  disabled  and 
sponsors  a  program  of  job  training  and  job  placement  for  graduates.  Some  private 
companies,  at  tne  urging  of  the  CJovernment,  have  provided  training  and  jobs  to  dis- 
abled veterans.  The  Government  also  provides  some  financial  support  to  NGO's  as- 
sisting the  disabled,  subsidizes  prosthetic  devices  and  other  medical  aids  for  the  dis- 
abled, makes  some  purchases  from  disabled  suppliers  and  has  registered  74  schools 
and  training  institutions  for  the  disabled  run  by  NGO's.  In  December  1996,  Par- 
liament passed  legislation  forbidding  discrimination  against  any  person  on  the 
grounds  of  disability. 

Indigenous  People. — The  indigenous  people  of  Sri  Lanka,  known  as  Veddas,  num- 
ber less  than  a  tnousand.  They  prefer  to  maintain  their  isolated  traditional  way  of 
life  and  are  protected  by  the  Constitution.  There  are  no  legal  restrictions  on  their 
participation  in  the  political  or  economic  life  of  the  nation.  However,  some  Veddas 
complain  that  they  are  being  forced  off  their  traditional  land  and  not  allowed  to  live 
according  to  their  own  culture  and  traditions.  For  the  first  time  in  1996,  the  Govern- 
ment allowed  Veddas  to  participate  in  the  U.N.  Working  Group  on  Indigenous  Peo- 
ple in  Geneva,  where  they  were  able  to  state  their  grievances. 

Religious  Minorities. — ^Discrimination  based  on  religious  differences  is  much  less 
common  than  discrimination  based  on  ethnic  group  or  caste.  In  general,  the  mem- 
bers of  the  various  faiths  tend  to  be  tolerant  of  each  other's  religious  beliefs.  How- 
ever, evangelical  Christians  have,  on  occasion,  been  harassed  by  Buddhist  monks  for 
their  attempts  to  convert  Buddhists  to  Christianity  (see  Section  2.c). 

In  the  northern  part  of  the  island,  LTTE  insurgents  expelled  some  46,0(X)  Muslim 
inhabitants  from  their  homes  in  1990 — virtually  the  entire  Muslim  population.  In 
the  past  the  LTTE  has  expropriated  Muslim  homes,  lands,  and  businesses  and 
threatened  Muslim  families  with  death  if  they  attempt  to  return. 

National / Racial/ Ethnic  Minorities. — There  are  approximately  1  million  Tamils  of 
comparatively  recent  Indian  origin  living  in  Sri  Lanka.  About  85,0(X)  of  these  people 
do  not  qualify  for  either  Indian  or  Sri  Lankan  citizenship  and  face  discrimination, 
especially  in  the  allocation  of  government  funds  for  education.  Without  national 
identity  cards,  they  are  very  vmnerable  to  arrest  by  the  security  forces.  However, 
the  Government  has  stated  that  none  of  these  people  will  be  forced  to  depart  the 
country. 

Tamils  maintain  that  they  have  long  been  the  victims  of  systematic  discrimina- 
tion in  university  education,  government  employment,  and  in  other  matters  con- 
trolled by  the  Government.  However,  in  recent  years,  there  has  been  little  clear  evi- 
dence of'^overt  discrimination  in  university  enrollment  or  government  employment, 
although  some  groups  continue  to  assert  that  it  exists.  In  January  1996,  the  Gov- 
ernment establishea  a  parliamentary  select  committee  to  consider  a  "devolution" 
package  designed  to  devolve  wide-ranging  powers  to  local  governments,  thereby  pro- 
viding ethnic  minorities  greater  autonomy  in  governing  their  local  affairs.  The  devo- 
lution proposals  were  placed  before  Parliament  in  September  and  were  still  being 
debatea  at  year's  end. 

Section  6.  Worker  Rights 

a.  The  Right  of  Association. — The  Government  respects  the  constitutional  right  of 
workers  to  establish  labor  unions.  Any  seven  workers  may  form  a  union,  adopt  a 
charter,  elect  leaders,  and  publicize  their  views.  About  75  percent  of  the  plantation 
work  force  which  is  overwhelmingly  Tamil  is  unionized.  Approximately  34  to  40  per- 
cent of  the  nonagricultural  work  force  in  the  private  sector  is  also  unionized.  Most 
workers  in  large  private  firms  are  represented  by  unions,  but  those  in  small-scale 
agriculture  ana  small  businesses  usually  do  not  belong  to  unions.  Public  sector  em- 
ployees are  unionized  at  very  high  rates. 

Most  large  unions  are  affiliated  with  political  parties  and  play  a  prominent  role 
in  the  political  process.  More  than  30  labor  unions  have  political  affiliations,  but 
there  are  also  a  small  number  of  unaffiliated  unions,  some  of  which  have  active 
leaders  and  a  relatively  large  membership.  In  1996,  the  most  recent  year  for  which 
data  are  available,  the  Department  of  Labor  registered  101  new  unions  and  canceled 
the  registration  of  34  others,  bringing  the  total  number  of  functioning  trade  unions 


1708 

to  1,512.  The  Department  of  Labor  is  authorized  by  law  to  cancel  the  registration 
of  any  union  that  does  not  submit  an  annual  report.  This  requirement  is  the  only 
legal  grounds  for  cancellation  of  registration. 

All  workers,  other  than  civil  servants  and  workers  in  "essential"  services,  have 
the  right  to  strike.  By  law,  workers  may  also  lodge  complaints  with  the  Commis- 
sioner of  Labor,  a  labor  tribunal,  or  the  Supreme  Court  to  protect  their  rights.  Be- 
fore September  1994,  the  Government  controlled  strikes  by  declaring  some  indus- 
tries to  be  essential  under  the  ER.  Subsequently,  this  practice  largely  ceased.  How- 
ever, the  President  retains  the  power  to  designate  any  mdustry  as  an  essential  serv- 
ice. The  International  Labor  Organization  (ILO)  has  pointed  out  to  the  Government 
that  essential  services  should  be  limited  to  services  wnere  an  interruption  would  en- 
dan^r  the  life,  personal  safety,  or  health  of  the  population. 

Civil  servants  may  collectively  submit  labor  grievances  to  the  Public  Service  Com- 
mission but  have  no  le^al  grounds  to  strike.  Nonetheless,  government  workers  in 
the  transportation,  medical,  educational,  power  generation,  nnancial,  and  port  sec- 
tors have  staged  brief  strikes  and  other  work  actions  in  recent  years.  There  were 
82  strikes  from  January  to  June. 

The  law  prohibits  retribution  against  strikers  in  nonessential  sectors.  Employers 
may  dismiss  workers  only  for  insiibordination.  Incompetence  or  low  productivity  are 
not  grounds  for  dismissal. 

Unions  are  free  to  afllliate  with  international  bodies  and  many  of  them  have  done 
so. 

b.  The  Right  to  Organize  and  Bargain  Collectively. — The  law  provides  for  the  right 
to  collective  bargaining,  and  it  is  widely  practiced.  Large  firms  may  have  employees 
in  as  many  as  60  different  unions.  In  enterprises  without  unions,  including  those 
in  the  Export  Processing  Zones  (EPZ's),  work  councils — composed  of  employees,  em- 
ployers, and  often  a  public  sector  representative — are  generally  the  forums  for  labor/ 
management  negotiation.  The  councils,  however,  are  not  mandatory  outside  the 
EPZ's  and  do  not  have  the  power  to  negotiate  binding  contracts. 

The  law  currently  does  not  require  management  to  recognize  or  bargain  with 
unions,  and,  in  some  cases,  employers  have  declined  to  recognize  the  unions  in  their 
factories.  However,  the  law  prohibits  antiunion  discrimination.  Employers  found 
guilty  of  such  discrimination  are  required  to  reinstate  workers  fired  for  union  activi- 
ties but  have  the  right  to  transfer  them  to  different  locations. 

There  are  96,400  workers  employed  in  the  EPZ's.  Under  the  law,  workers  in  the 
EPZ's  have  the  same  rights  to  join  unions  as  other  workers.  However,  no  unions 
have  been  formed,  largely  because  of  severe  restrictions  on  access  by  union  organiz- 
ers to  the  zones.  Some  labor  representatives  allege  that  the  Government's  Board  of 
Investment  (BOI),  which  manages  the  EPZ's,  has  discouraged  union  activity.  Work 
councils  in  the  EPZ's  are  chaired  by  the  BOI  and  consist  of  equal  delegations  from 
labor  and  management,  but  councils  only  have  the  power  to  malce  recommendations. 
While  employers  in  the  EPZ's  offer  higher  wages  and  better  working  conditions  gen- 
erally than  employers  elsewhere,  workers  face  other  concerns,  such  as  security,  ex- 
pensive but  low  quality  boarding  houses,  and  sexual  harassment. 

In  most  instances,  wage  boards  establish  minimum  wages  and  conditions  of  em- 
ployment, except  in  the  EPZ's,  where  wages  and  work  conditions  are  set  by  the  BOI. 

c.  Prohibition  of  Forced  or  Compulsory  Labor. — Forced  or  compulsory  labor  is  pro- 
hibited by  provisions  of  the  Abolition  of  Slavery  Act  of  1844.  The  act  does  not  spe- 
cifically prohibit  forced  or  bonded  labor  by  children,  but  government  officials  inter- 
pret it  as  applying  to  persons  of  all  ages.  Forced  or  bonded  labor  by  children  is  al- 
most nonexistent.  However,  according  to  some  reports,  a  few  rural  children  are  em- 
ployed in  debt  bondage  as  domestic  servants  in  urban  households  (see  Section  5). 
There  are  credible  reports  that  some  members  of  the  police  Special  Task  Force 
(STF)  operating  in  the  Batticaloa  area  force  local  villagers  to  work  without  com- 
pensation in  clearing  jungle  and  in  other  manual  labor  in  and  near  STF  camps.  In 
some  cases,  the  villagers  are  directly  or  indirectly  threatened  with  physical  abuse 
if  they  do  not  perform  the  work. 

The  LTTE  continues  to  conscript  high-school  age  children  for  work  as  cooks,  mes- 
sengers, and  clerks.  In  some  cases,  the  children  reportedly  help  build  fortifications. 
Children  as  young  as  10  are  said  to  be  recruited  and  placed  for  2  to  4  years  in  spe- 
cial schools  that  provide  them  with  a  mixture  of  LTTE  ideology  and  formal  edu- 
cation. 

d.  Status  of  Child  Labor  Practices  and  Minimum  Age  for  Employment. — The  mini- 
mum age  for  employment  is  15.  The  law  also  permits  the  employment  of  younger 
children  by  their  parents  or  guardians  in  limited  agricultural  work.  In  addition  it 
permits  employment  in  any  school  or  institution  for  training  purposes.  Gaps  in  ex- 
isting legislation  regarding  child  labor  make  it  difficult  to  establish  with  certainty 
what  types  of  employment  are  restricted  for  children,  which  age  groups  are  affected 


1709 

and  what  the  minimum  age  for  child  labor  is  for  particular  jobs.  The  law  does  not 
specifically  prohibit  forced  or  bonded  labor  by  children;  a  few  rural  children  report- 
edly serve  in  debt  bondage  (see  Section  6.c.). 

Persons  under  age  16  may  not  be  employed  in  any  public  enterprise  in  which  life 
or  limb  is  endangered.  Children  are  not  employed  in  the  EPZ's,  the  plantations,  the 
garment  industry,  or  any  other  export  industry.  About  85  percent  ot  children  below 
the  age  of  16  attend  school.  The  law  permits  the  employment  of  such  persons  for 
not  more  than  1  hour  on  any  day  before  school.  A  1995  labor  survey  of  the  planta- 
tions, however,  indicated  that  half  of  all  children  in  plantations  drop  out  ot  school 
after  the  fourth  grade,  leaving  a  large  pool  of  children  between  the  ages  of  10  and 
15  available  to  pursue  employment. 

Despite  legislation  some  child  labor  still  exists.  A  1996  Census  and  Statistics  De- 
partment survey  found  19,123  children  between  the  ages  of  10  and  14  were  fully 
employed.  This  included  15,495  males  and  3,628  females.  Additional  thousands  of 
children  (estimates  range  from  50,000  to  100,000)  are  believed  to  be  employed  in 
domestic  service,  although  this  situation  is  not  regulated  or  documented.  A  signifi- 
cant portion  of  employed  children  work  outside  their  families.  In  addition  to  domes- 
tic service,  regular  employment  of  children  occurs  mainly  in  the  informal  sector  and 
in  family  enterprises  such  as  family  farms,  crafts,  small  trade  establishments,  eat- 
ing houses,  and  repair  shops.  Children  are  also  involved  in  the  manufacture  of  coco- 
nut fiber  products,  bricks,  fishing,  wrapping  tobacco,  street  trading,  and  farming. 
Government  inspections  have  been  unable  to  eliminate  these  forms  of  child  labor 
(see  Section  5).  There  are  an  estimated  250  to  300  prosecutions  each  year  in  cases 
related  to  the  employment  of  minors.  Under  legislation  dating  from  1956,  the  maxi- 
mum penalty  for  employing  minors  is  about  $18,  with  a  maximum  jail  term  of  6 
months. 

e.  Acceptable  Conditions  of  Work. — The  Department  of  Labor  effectively  enforces 
the  minimum  wage  law.  While  there  is  no  universal  national  minimum  wage,  about 
40  wage  boards  set  minimum  wages  and  working  conditions  by  sector  and  industry. 
According  to  the  Statistics  Department  of  the  Labor  Ministry,  current  minimum 
wage  rates  average  $34  (2,000  rupees)  per  month  in  industry,  commerce,  and  the 
service  sector;  and  $1.27  (75  rupees)  per  day  in  agriculture.  The  minimum  wage  in 
the  garment  industry  is  $34  (2,000  rupees)  per  month.  These  minimum  wages  are 
insumcient  to  support  a  worker  and  the  standard  family  of  five,  but  the  vast  major- 
ity of  families  have  more  than  one  breadwinner. 

Most  permanent  full-time  workers  are  covered  by  laws  that  prohibit  them  from 
working  regularly  more  than  45  hours  per  week  (a  5V2-day  workweek).  Such  work- 
ers also  receive  14  days  of  annual  leave,  14  to  21  days  of  medical  leave,  and  some 
20  local  holidays  each  year.  Maternity  leave  is  available  for  permanent  and  casual 
female  workers.  Employers  must  contribute  12  percent  of  a  worker's  wage  to  an  em- 

filoyee's  provident  fund  and  3  percent  to  an  employee's  trust  fund.  Employers  who 
ail  to  comply  may  be  fined,  although  the  effectiveness  of  government  enforcement 
of  this  provision  is  unknown. 

Several  laws  protect  the  safety  and  health  of  industrial  workers.  The  Department 
of  Labor's  small  staff  of  inspectors,  however,  is  inadequate  to  enforce  compliance 
with  the  laws.  Workers  have  the  statutory  right  to  remove  themselves  from  situa- 
tions that  endanger  their  health,  but  many  workers  are  unaware  of,  or  indifferent 
to,  health  risks,  and  fear  that  they  will  lose  their  jobs  if  they  remove  themselves. 


APPENDIXES 


Appendix  A — Notes  on  Preparation  of  the  Reports 

We  base  the  annual  Country  Reports  on  Human  Rights  Practices  on  information 
available  from  all  sources,  including  American  and  foreign  government  officials,  vic- 
tims of  human  rights  abuse,  academic  and  congressional  studies,  and  reports  from 
the  press,  international  organizations,  and  nongovernmental  organizations  (NGO's) 
concerned  with  human  rights.  We  find  particularly  helpful,  and  make  reference  in 
most  reports  to,  the  role  of  NGO's,  ranging  from  groups  in  a  single  country  to  those 
that  concern  themselves  with  human  rights  worldwide.  While  much  of  the  informa- 
tion we  use  is  already  public,  information  on  particular  abuses  frequently  cannot  be 
attributed,  for  obvious  reasons,  to  specific  sources. 

By  law,  we  must  submit  the  reports  to  Congress  by  January  31.  To  comply,  we 
provide  guidance  to  United  States  diplomatic  missions  in  July  for  submission  of 
draft  reports  in  September  and  October,  which  we  update  by  year's  end  as  nec- 
essary. Other  offices  in  the  Department  of  State  provide  contributions  and  the  Bu- 
reau of  Democracy,  Human  Rights,  and  Labor  prepares  a  final  draft.  Because  of  the 
preparation  time  required,  it  is  possible  that  yearend  developments  may  not  be  fully 
reflected.  We  make  every  effort  to  include  reference  to  major  events  or  significant 
changes  in  trends. 

We  have  attempted  to  make  these  country  reports  as  comprehensive  as  space  will 
allow,  while  taking  care  to  make  them  objective  and  as  uniform  as  possible  in  both 
scope  and  quality  of  coverage.  We  have  given  particular  attention  to  attaining  a 
high  standard  of  consistency  despite  the  multiplicity  of  sources  and  the  obvious 
problems  related  to  varying  degrees  of  access  to  information,  structural  differences 
in  political  and  social  systems,  and  trends  in  world  opinion  regarding  human  rights 
practices  in  specific  countries. 

It  is  often  difficult  to  evaluate  the  credibility  of  reports  of  human  rights  abuses. 
With  the  exception  of  some  terrorist  organizations,  most  opposition  groups  and  cer- 
tainly most  governments  deny  that  they  commit  human  rights  abuses  and  often  go 
to  great  lengths  to  conceal  any  evidence  of  such  acts.  There  are  often  few  eye- 
witnesses to  specific  abuses,  and  they  frequently  are  intimidated  or  otherwise  pre- 
vented from  reporting  what  they  know.  On  the  other  hand,  individuals  and  groups 
opposed  to  a  particular  government  sometimes  have  powerful  incentives  to  exagger- 
ate or  fabricate  abuses,  and  some  governments  similarly  distort  or  exaggerate 
abuses  attributed  to  opposition  groups.  We  have  made  every  effort  to  identify  those 
groups  (e.g.,  government  forces,  terrorists,  etc.)  that  are  believed,  based  on  all  the 
evidence  available,  to  have  committed  human  rights  abuses.  Where  credible  evi- 
dence is  lacking,  we  have  tried  to  indicate  why.  Many  governments  that  profess  to 
oppose  human  rights  abuses  in  fact  secretly  order  or  tacitly  condone  them  or  simply 
ladt  the  will  or  the  ability  to  control  those  responsible  for  them.  Consequently,  in 
judging  a  government's  policy,  it  is  important  to  look  beyond  statements  of  policy 
or  intent  in  order  to  examine  what  in  fact  a  government  has  done  to  prevent  human 
rights  abuses,  including  the  extent  to  which  it  investigates,  tries,  and  appropriately 
punishes  those  who  commit  such  abuses.  We  continue  to  make  every  effort  to  do 
that  in  these  reports. 

To  increase  uniformity,  the  introductory  section  of  each  report  contains  a  brief  set- 
ting, indicating  how  the  country  is  governed  and  providing  the  context  for  examin- 
ing the  count^s  human  rights  performance.  A  aescription  of  the  political  frame- 
work and  the  role  of  security  ana  law  enforcement  agencies  with  respect  to  human 
rights  is  followed  by  a  brief  characterization  of  the  economy.  The  setting  concludes 
with  an  overview  of  human  rights  developments  in  the  year  under  review,  mention- 
ing specific  areas  (e.g.,  torture,  freedom  of  speech  and  press,  discrimination)  in 
which  abuses  and  problems  occurred. 

We  have  continued  the  effort  from  previous  years  to  expand  reporting  on  human 
rights  practices  affecting  women,  children,  and  indigenous  people.  We  discuss  in  the 

(1711) 


1712 

appropriate  section  of  the  report  any  abuses  that  are  targeted  specifically  against 
women  (e.g.,  rape  or  other  violence  perpetrated  by  governmental  or  organized  oppo- 
sition forces,  or  discriminatory  laws  or  regulations),  in  Section  5,  we  continue  to  ois- 
cuss  socioeconomic  discrimination;  societal  violence  against  women,  children,  or  mi- 
nority group  members;  and  the  efforts,  if  any,  of  governments  to  combat  these  prob- 
lems. 

With  regard  to  governmental  policies  on  the  welfare  of  children,  readers  may  wish 
to  consult  "The  State  of  the  World's  Children  1997,"  published  by  the  United  Na- 
tions Children's  Fund,  which  provides  a  wide  range  of  data  on  health,  education, 
nutrition,  and  rates  of  infant  mortality  and  mortality  under  5  years  of  age  in  some 
145  countries,  as  well  as  information  on  the  degree  of  progress  that  these  countries 
are  making  in  reducing  the  key  mortality  rate  for  those  under  age  5. 

The  following  notes  on  specific  categories  of  the  report  are  not  meant  to  be  com- 
prehensive descriptions  of  each  category  but  to  provide  definitions  of  key  terms  used 
in  the  reports  ana  to  explain  the  organization  of  material  within  the  format: 

Political  and  Other  Extrajudicial  Killing. — Includes  killings  in  which  there  is  evi- 
dence of  government  instigation  without  due  process  of  law  or  of  political  motivation 
by  government  or  by  opposition  groups;  also  covers  extrajudicial  killings  (e.g.,  delib- 
erate, illegal,  and  excessive  use  of  letnal  force  by  the  police,  security  forces,  or  other 
agents  of  the  State  whether  against  criminal  suspects,  detainees,  prisoners,  or  oth- 
ers); excludes  combat  deaths  and  killings  by  common  criminals,  ii  the  likelihood  of 
political  motivation  can  be  ruled  out  (see  also  Section  l.g.).  Although  mentioned 
briefly  here,  deaths  in  detention  due  to  official  negligence  are  covered  in  detail  in 
Section  I.e. 

Disappearance. — Covers  unresolved  cases  in  which  political  motivation  appears 
likely  and  in  which  the  victims  have  not  been  found  or  perpetrators  have  not  been 
identified;  cases  eventually  classed  as  political  killings  are  covered  in  the  above  cat- 
egory, those  eventually  identified  as  arrest  or  detention  are  covered  under  "Arbi- 
trary Arrest,  Detention,  or  Exile." 

Torture  and  Other  Cruel,  Inhuman,  or  Degrading  Treatment  or  Punishment. — ^Tor- 
ture is  here  defined  as  an  extremely  severe  form  of  cruel,  inhuman,  or  degrading 
treatment  or  punishment,  committed  by  or  at  the  instigation  of  government  forces 
or  opposition  groups,  with  specific  intent  to  cause  extremely  severe  pain  or  suffer- 
ing, whether  mental  or  physical.  Discussion  concentrates  on  actual  practices,  not  on 
whether  they  fit  any  precise  definition,  and  includes  use  of  physical  and  other  force 
that  may  fall  short  oi  torture  but  which  is  cruel,  inhuman,  or  degrading.  This  sec- 
tion also  covers  prison  conditions,  including  whether  conditions  meet  minimum 
international  standards,  and  deaths  in  custody  due  to  negligence  by  government  of- 
ficials. 

Arbitrary  Arrest,  Detention,  or  Exile. — Covers  cases  in  which  detainees,  including 
political  detainees,  are  held  in  official  custody  without  charges  or,  if  charged,  are 
denied  a  public  preliminary  judicial  hearing  within  a  reasonable  period.  Also  dis- 
cusses whether,  and  under  what  circumstances,  governments  exile  citizens. 

Denial  of  Fair  Public  Trial. — Briefly  describes  the  court  system  and  evaluates 
whether  there  is  an  independent  judiciary  and  whether  trials  are  both  fair  and  pub- 
lic (failure  to  hold  any  trial  is  noted  in  the  category  above);  includes  discussion  of 
"political  prisoners"  (political  detainees  are  covered  above),  defined  as  those  impris- 
oned for  essentially  political  beliefs  or  nonviolent  acts  of  dissent  or  expression,  re- 
gardless of  the  actual  charge. 

Arbitrary  Interference  with  Privacy,  Family,  Home,  or  Correspondence. — Discusses 
the  "passive"  right  of  the  individual  to  noninterference  by  the  State;  includes  the 
right  to  receive  foreign  publications,  for  example,  while  the  right  to  publish  is  dis- 
cussed under  "Freedom  of  Speech  and  Press"  includes  the  right  to  be  free  from  coer- 
cive population  control  measures,  including  coerced  abortion  and  involuntary  steri- 
lization, but  does  not  include  cultural  or  traditional  practices,  such  as  female  genital 
mutilation,  which  are  addressed  in  Section  5. 

Use  of  Excessive  Force  and  Violations  of  Humanitarian  Law  in  Internal  Con- 
flicts.— An  optional  subsection  for  use  in  describing  abuses  that  occur  in  countries 
experiencing  significant  internal  armed  conflict.  Includes  indiscriminate,  nonselec- 
tive killings  arising  from  excessive  use  of  force,  e.g.,  by  police  in  putting  down  dem- 
onstrations, or  by  the  shelling  of  villages  (deliberate,  targeted  killing  would  be  dis- 
cussed in  Section  l.a.).  Also  includes  abuses  against  civilian  noncombatants.  For  re- 
ports in  which  use  of  this  section  would  be  inappropriate,  i.e.,  in  which  there  is  no 
significant  internal  conflict,  lethal  use  of  excessive  force  by  security  forces  (which 
is  nerein  defined  as  a  form  of  extrajudicial  killing)  is  discussed  in  Section  l.a.;  non- 
lethal  excessive  force  in  Section  I.e. 

Freedom  of  Speech  and  Press. — Evaluates  whether  these  freedoms  exist  and  de- 
scribes any  direct  or  indirect  restrictions.  Includes  discussion  of  academic  freedom. 


1713 

Freedom  of  Peaceful  Assembly  and  Association. — Evaluates  the  ability  of  individ- 
uals and  groups  (including  political  parties)  to  exercise  these  freedoms.  Includes  the 
ability  of  trade  associations,  professional  bodies,  and  similar  groups  to  maintain  re- 
lations or  affiliate  with  recognized  international  bodies  in  their  fields.  Tlie  right  of 
labor  to  associate  and  to  organize  and  bargain  collectively  is  discussed  under  Section 
6,  Woricer  Rights  (see  Appendix  B). 

Freedom  of  Religion. — Discusses  whether  the  constitution  or  laws  provide  for  the 
right  of  citizens  of  whatever  religious  belief  to  worship  free  of  government  inter- 
ference and  whether  the  government  respects  that  rignt.  Includes  the  freedom  to 
publish  religious  documents  in  foreign  languages;  addresses  the  treatment  of  foreign 
clergy  and  whether  religious  belief  affects  membership  in  a  ruling  party  or  a  career 
in  government. 

Freedom  of  Movement  Within  the  Country,  Foreign  Travel,  Emigration,  and  Repa- 
triation.— Includes  discussion  of  forced  resettlement;  "refugees"  may  refer  to  persons 
displaced  by  civil  strife  or  natural  disaster  as  well  as  persons  who  are  "refugees" 
witnin  the  meaning  of  the  Refugee  Act  of  1980,  i.e.,  persons  with  a  "well-founded 
fear  of  persecution  in  their  country  of  origin  or,  if  stateless,  in  their  country  of  ha- 
bitual residence,  on  account  of  race,  religion,  nationality,  membership  in  a  particu- 
lar social  group,  or  political  opinion. 

Respect  for  Political  Rights:  The  Right  of  Citizens  to  Change  Their  Government. — 
Discusses  the  extent  to  which  citizens  have  freedom  of  political  choice  and  have  the 
legal  right  and  ability  in  practice  to  change  the  laws  and  officials  that  govern  them; 
assesses  whether  elections  are  free  and  fair. 

Governmental  Attitude  Regarding  International  and  Nongovernmental  Investiga- 
tion of  Alleged  Violations  of  Human  Rights. — Discusses  whether  the  government 
permits  the  free  functioning  of  local  human  rights  groups  (including  the  right  to  in- 
vestigate and  publish  their  findings  on  alleged  human  rights  abuses)  and  whether 
they  are  subject  to  reprisal  by  government  or  other  forces.  Also  discusses  whether 
the  government  grants  access  to  and  cooperates  with  outside  entities  (including  for- 
eign human  rights  organizations,  international  organizations,  and  foreign  govern- 
ments) interested  in  human  rights  developments  in  the  country. 

Discrimination  Based  on  Race,  Sex,  Religion,  Disability,  Language,  or  Social  Sta- 
tus.— Every  report  contains  a  subheading  on  Women,  Children,  and  People  With 
Disabilities.  As  appropriate,  some  reports  also  include  subheadings  on  Indigenous 
People,  Religious  Minorities,  and  National/Racial/Ethnic  Minorities.  Discrimination 
against  groups  not  fitting  one  of  the  above  subheadings  is  discussed  in  the  introduc- 
tory paragraphs  of  Section  5.  In  this  section  we  address  discrimination  and  abuses 
not  discussea  elsewhere  in  the  report,  focusing  on  laws,  regulations,  or  state  prac- 
tices that  are  inconsistent  with  equal  access  to  housing,  employment,  education, 
health  care,  or  other  governmental  benefits  by  members  of  specific  groups.  (Abuses 
by  government  or  opposition  forces,  such  as  killing,  torture  and  other  violence,  or 
restriction  of  voting  rights  or  free  speech  targeted  against  specific  groups  would  be 
discussed  under  the  appropriate  preceding  sections.)  Societal  violence  against 
women,  e.g.,  "dowry  deaths,'  wife  beating,  rape,  trafficking  in  women,  and  govern- 
ment tolerance  of  such  abuse,  is  discussed  in  this  section  under  the  subheading  on 
women.  We  also  discuss  under  this  subheading  the  extent  to  which  the  law  provides 
for,  and  the  government  enforces,  equality  of  economic  opportunity  for  women.  Simi- 
larly, we  discuss  violence  or  other  abuse  against  children  under  that  subheading. 
Because  female  genital  mutilation  is  most  often  performed  on  children,  we  discuss 
it  under  that  subheading. 

Worker  Rights. — See  Appendix  B. 


Appendix  B. — Reporting  on  Worker  Rights 

The  Generalized  System  of  Preferences  Renewal  Act  of  1984  requires  reporting  on 
worker  rights  in  GSP  beneficiary  countries.  It  states  that  internationally  recognized 
worker  rights  include  "(A)  the  right  of  association;  (B)  the  right  to  organize  and  bar- 

f[ain  collectively;  (C)  a  prohibition  on  the  use  of  any  form  of  forced  or  compulsory 
abor;  (D)  a  minimum  age  for  the  employment  of  children;  and  (E)  acceptable  condi- 
tions of  work  with  respect  to  minimum  wages,  hours  of  work,  and  occupational  safe- 
ty and  health."  All  five  aspects  of  worker  rights  are  discussed  in  each  report  in  a 
final  section  under  the  heading  "Worker  Rights."  The  discussion  of  worker  rights 
considers  not  only  laws  and  regulations  but  also  their  practical  implementation,  tak- 
ing into  account  the  following  additional  guidelines: 

A.  "The  right  of  association"  has  been  defined  by  the  International  Labor  Organi- 
zation (ILO)  to  include  the  right  of  workers  and  employers  to  establish  and  join  or- 


1714 

ganizations  of  their  own  choosing  without  previous  authorization;  to  draw  up  their 
own  constitutions  and  rules,  elect  their  representatives,  and  formulate  their  pro- 
grams; to  join  in  confederations  and  affiliate  with  international  organizations;  and 
to  be  protected  against  dissolution  or  suspension  by  administrative  authority. 

The  right  of  association  includes  the  right  of  workers  to  strike.  While  strikes  may 
be  restricted  in  essential  services  (i.e.,  those  services  the  interruption  of  which 
would  endanger  the  life,  personal  safety,  or  health  of  a  signiflcant  portion  of  the 
population)  and  in  the  public  sector,  these  restrictions  must  be  offset  by  adequate 
guarantees  to  safeguard  the  interests  of  the  workers  concerned  (e.g.,  machinery  for 
mediation  and  arbitration;  due  process;  and  the  right  to  judicial  review  of  all  legal 
actions).  Reporting  on  restrictions  affecting  the  ability  of  workers  to  strike  generally 
includes  information  on  any  procedures  that  may  exist  for  safeguarding  workers'  in- 
terests. 

B.  "The  right  to  organize  and  bargain  collectively"  includes  the  right  of  workers 
to  be  represented  in  negotiating  the  prevention  and  settlement  of  disputes  with  em- 
ployers; the  right  to  protection  against  interference;  and  the  right  to  protection 
against  acts  of  antiunion  discrimination.  CJovemments  should  promote  machinery 
for  voluntary  negotiations  between  employers  and  workers  and  their  organizations. 
Reporting  on  the  right  to  organize  and  bargain  collectively  includes  descriptions  of 
the  extent  to  which  collective  bargaining  takes  place  and  the  extent  to  which  unions, 
both  in  law  and  practice,  are  effectively  protected  against  antiunion  discrimination. 

C.  "Forced  or  compulsory  labor"  is  defined  as  work  or  service  exacted  from  anv 
person  under  the  menace  of  penalty  and  for  which  the  person  has  not  volunteered, 
^^ork  or  service"  does  not  apply  in  instances  in  which  obligations  are  imposed  to 
undergo  education  or  training.  "Menace  of  penalty"  includes  loss  of  rights  or  privi- 
leges as  well  as  p>enal  sanctions.  The  ILO  has  exempted  the  following  from  its  defi- 
nition of  forced  labor  compulsory  military  service,  normal  civic  obligations,  certain 
forms  of  prison  labor,  emergencies,  and  minor  communal  services.  Forced  labor 
should  not  be  used  as  a  means  of  (1)  mobilizing  and  using  labor  for  purposes  of  eco- 
nomic development;  (2)  racial,  social,  national,  or  religious  discrimination;  (3)  politi- 
cal coercion  or  education,  or  as  a  punishment  for  holding  or  expressing  political 
views  or  views  ideologically  opposed  to  the  established  political,  social,  or  economic 
system;  (4)  labor  discipline;  or  (5)  as  a  punishment  for  having  participated  in 
strikes.  Constitutional  provisions  concerning  the  obligation  of  citizens  to  work  do  not 
violate  this  right  so  long  as  they  do  not  take  the  form  of  legal  obligations  enforced 
by  sanctions  and  are  consistent  with  the  principle  of  "freely  chosen  employment." 

D.  "Minimum  age  for  employment  of  children'  concerns  the  effective  abolition  of 
child  labor  by  raising  the  minimum  age  for  employment  to  a  level  consistent  with 
the  fullest  physical  and  mental  development  of  young  people.  In  addition,  young 
people  should  not  be  employed  in  hazardous  conditions  or  at  night. 

E.  "Acceptable  conditions  of  work"  refers  to  the  establishment  and  maintenance 
of  machinery,  adapted  to  national  conditions,  that  provides  for  minimum  working 
standards,  i.e.,  wages  that  provide  a  decent  living  for  workers  and  their  families; 
working  hours  that  do  not  exceed  48  hours  per  week,  with  a  full  24-hour  rest  day; 
a  specified  annual  paid  holiday;  and  minimum  conditions  for  the  protection  of  the 
safety  and  health  of  workers.  Differences  in  levels  of  economic  development  are 
taken  into  account  in  the  formulation  of  internationally  recognized  labor  standards. 
For  example,  many  ILO  standards  concerning  working  conditions  permit  flexibility 
in  their  scope  and  coverage.  They  may  also  permit  countries  a  wide  choice  in  their 
implementation,  including  progressive  implementation,  by  enabling  countries  to  ac- 
cept a  standard  in  part  or  subject  to  specified  exceptions.  Countries  are  expected  to 
take  steps  over  time  to  achieve  the  higher  levels  specified  in  such  standards.  It 
should  be  understood,  however,  that  this  flexibility  applies  only  to  internationally 
recognized  standards  concerning  working  conditions.  No  flexibility  is  permitted  con- 
cerning the  acceptance  of  the  basic  principles  contained  in  human  rights  standards, 
i.e.,  freedom  of  association,  the  right  to  organize  and  bargain  collectively,  the  prohi- 
bition of  forced  labor,  and  the  absence  of  discrimination. 


1715 


APPENDIX  C  -  INTERNATIONL  HUMAN  RIGHTS  CONVENTIONS 

COUNTRY 

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Afghanistan 

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Albania  • 

P 

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p 

p 

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P 

p 

p 

p 

P 

P 

P 

p 

Algeria 

P 

p 

p 

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p 

p 

P 

p 

p 

p 

P 

P 

p 

p 

p 

p 

P 

P 

P 

p 

Andora 

p 

p 

P 

p 

P 

p 

Angoia 

p 

p 

p 

p 

P 

p 

P 

P 

p 

p 

P 

p 

Antigua  &  Barbuda 

P 

p 

p 

P 

p 

p 

p 

p 

p 

p 

p 

p 

p 

p 

p 

P 

P 

P 

p 

Argentina 

p 

p 

P 

p 

p 

p 

p 

P 

p 

p 

p 

P 

P 

p 

p 

p 

p 

P 

P 

P 

p 

Annenia 

P 

p 

P 

P 

p 

p 

p 

P 

P 

P 

p 

Australia 

P 

p 

p 

P 

p 

p 

p 

P 

p 

p 

p 

P 

P 

p 

p 

p 

P 

P 

P 

p 

Austria 

P 

p 

p 

P 

p 

p 

p 

P 

P 

p 

p 

p 

P 

P 

s 

p 

p 

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P 

P 

p 

Azerbaijan 

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p 

p 

P 

p 

p 

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P 

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p 

p 

p 

P 

P 

p 

Bahamas 

P 

p 

P 

p 

p 

p 

P 

p 

p 

p 

p 

p 

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P  =Paity         S=Signatory       *  designates  a  non-ILO  member 

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2  =  Party  to  1926  Convention  only.                                                                                                                                     |       |       | 

1716 


APPENDIX  C  -  INTERNATIONL  HUMAN  RIGHTS  CONVENTIONS 

COUNTRY 

^ 

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2  =  Party  to  1926  Con 

irent 

on  only.                                                                                                                                      |       |       | 

1717 


APPENDIX  C  -  INTERNATIONL  HUMAN  RIGHTS  CONVENTIONS 

COUNTRY 

i^ 

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2  =  Party  to  1926  Convention  only.                                                                                                                                               {       {       | 

1718 


APPENDIX  C  -  INTERNATIONL  HUMAN  RIGHTS  CONVENTIONS 

COUNTRY 

i^ 

J 

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2  >  Party  to  1926  Convention  only.                                                                                                                              |       |       | 

1719 


APPENDIX  C  -  INTERNATIONL  HUMAN  RIGHTS  CONVENTIONS 

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1  >  Based  on  general  declaration  concerning  treaty  obligations  prior  to  Independence. 

2'Party  to  1926  Convention  only.                                                                                                                      I               | 

1720 

Appendix  D. — International  Human  Rights 
Conventions 

1)  Convention  to  Suppress  the  Slave  Trade  and  Slavery  of  September  25,1926,  as 
amended  by  the  Protocol  of  December  7,  1953. 

2)  Convention  Concerning  Forced  Labor  of  June  28,  1930  (ILO  Convention  29). 

3)  Convention  Concerning  Freedom  of  Association  and  Protection  of  the  Right  to 
Organize  of  July  9,  1948  (ILO  Convention  87). 

4)  Convention  on  the  Prevention  and  Punishment  of  the  Crime  of  Genocide  of  De- 
cember 9,  1948. 

5)  Convention  Concerning  the  Application  of  the  Principles  of  the  Right  to  Orga- 
nize and  Bargan  Collectively  of  July  1,  1949  (ILO  Convention  98). 

6)  Geneva  Convention  Relative  to  the  Treatment  of  Prisoners  of  War  of  August 
12,  1949. 

7)  Geneva  Convention  Relative  to  the  Protection  of  Civilian  Persons  in  Time  of 
War  of  August  12,  1949. 

8)  Convention  for  the  Suppression  of  the  Traffic  in  Persons  and  of  the  Exploitation 
of  the  Prostitution  of  Others  of  March  21,  1950. 

9)  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms  of  November  4,  1950. 

10)  Convention  on  the  Political  Rights  of  Women  of  March  31,  1953. 

11)  Supplementary  Convention  on  the  Abolition  of  Slavery,  the  Slave  Trade,  and 
Institutions  and  Practices  Similar  to  Slavery  of  September  7,  1956. 

12)  Convention  Concerning  the  Abolition  of  Forced  Labor  of  June  25,  1957  (ILO 
Convention  105). 

13)  International  Convention  on  the  Elimination  of  All  Forms  of  Racial  Discrimi- 
nation of  December  21,  1965. 

14)  International  Covenant  on  Civil  and  Political  Rights  of  December  16,  1966. 

15)  International  Covenant  on  Economic,  Social  and  Cultural  Rights  of  December 
16,  1966. 

16)  Convention  Relating  to  the  Status  of  Refugees  of  July  28,  1952. 

17)  Protocol  Relating  to  the  Status  Of  Refugees  of  January  31,  1967. 

18)  American  Convention  on  Human  Rights  of  November  22,  1969. 

19)  Convention  Concerning  Minimum  Age  for  Admission  to  Employment  of  June 
26,  1973  (ILO  Convention  138). 

20)  Protocol  Additional  to  the  Geneva  Conventions  of  August  12,  1949,  and  Relat- 
ing to  the  Protection  of  Victims  of  International  Armed  Conflicts  (Protocol  I),  of  June 
8,  1977. 

21)  Protocol  Additional  to  the  (Jeneva  Conventions  of  August  12,  1949,  and  Relat- 
ing to  the  Protection  of  Victims  of  Non-International  Armed  Conflicts  (Protocol  II), 
of  June  8,  1977. 

22)  Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against  Women 
of  December  18,  1979. 

23)  Convention  Against  Torture  and  Other  Cruel,  Inhuman  or  Degrading  Treat- 
ment or  Punishment  of  December  10,  1984. 

24)  Convention  on  the  Rights  of  the  Child  of  November  20,  1989. 


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1725 


Appendix  F.— 53rd  UNHRC  Voting  Record 

The  followingresolutions  were  adopted  without  a  vote  (by  consensus)  at  the  53rd 
session  of  the  UN  Commission  on  Human  Rights: 

1997/5.    Question  of  Western  Sahara 

1997/6.    Middle  East  peace  process 

1997/8.    The  right  to  food 

1997/11.  Human  rights  and  extreme  poverty 

1997/13.  Violence  against  women  migrant  workers 

1997/14.  International  Convention  on  the  Protection  of  the  Rights  of  All  Migrant 
Workers  and  Members  of  their  Families 

1997/15.  Migrants  and  human  rights 

1997/16.  Rights  of  persons  belonging  to  national  or  ethnic,  religious  and  linguistic 
minorities 

1997/17.  Question  of  the  realization  in  all  countries  of  the  economic,  social  and  cul- 
tural rights  contained  in  the  Universal  Declaration  of  Human  Rights  and 
in  the  International  Covenant  on  Economic,  Social  and  Cultural  Rights, 
and  study  of  special  problems  which  the  developing  countries  face  in  their 
efforts  to  achieve  these  human  rights 

1997/18.  Implementation  of  the  Declaration  on  the  Elimination  of  All  Forms  of  Intol- 
erance and  of  Discrimination  Based  on  Religion  or  Belief 

1997/19.  Traffic  in  women  and  girls 

1997/20.  Contemporary  forms  of  slavery 

1997/21.  Minimum  humanitarian  standards 

1997/22.  Work  of  the  Sub-Commission  on  Prevention  of  Discrimination  and  Protec- 
tion of  Minorities 

1997/23.  Independence  and  impartiality  of  the  judiciary,  jurors  and  assessors  and 
the  independence  of  lawyers 

1997/24.  Question  of  a  draft  optional  protocol  to  the  Convention  against  Torture  and 
Other  Cruel,  Inhuman  or  Degrading  Treatment  or  Punishment 

1997/25.  United  Nations  staff 

1997/26.  Question  of  enforced  or  involuntary  disappearances 

1997/27.  Right  to  freedom  of  opinion  and  expression 

1997/28.  Hostage-taking 

1997/29.  The  right  to  restitution,  compensation  and  rehabilitation  for  victims  of 
grave  violations  of  human  rights  and  fundamental  freedoms 

1997/30.  A  permanent  forum  for  indigenous  people  in  the  United  Nations  system 

1997/31.  Working  Group  of  the  commission  on  Human  Rights  to  elaborate  a  draft 
declaration  in  accordance  with  paragraph  5  of  General  Assembly  resolution 
49/214  of  23  December  1994 

1997/32.  Working  Group  on  Idigenous  Populations  of  the  Sub-Commission  on  Pre- 
vention of  Discrimination  and  Protection  of  Minorities  and  the  Inter- 
national Decade  of  the  World's  Indigenous  People 

1997/33.  The  protection  of  human  rights  in  the  context  of  the  human 
immunodeficiency  virus  (HIV)  and  acquired  immune  deficiency  syndrome 
(AIDS) 

1997/34.  Regional  arrangements  for  the  promotion  and  protection  of  human  rights 

1997/35.  Preparations  for  the  fiftieth  anniversary  of  the  Universal  Declarations  of 
Human  Rights 

1997/36.  Human  rights  and  arbitrary  deprivation  of  nationality 

1997/37.  Human  rights  and  thematic  procedures 

1997/38.  Torture  and  other  cruel,  inhuman  or  degrading  treatment  or  punishment 

1997/39.  Internally  displaced  p)ersons 

1997/40.  National  institutions  for  the  promotion  and  protection  of  human  rights 

1997/41.  Development  of  public  information  activities  in  the  field  of  human  rights, 
including  the  World  Public  Information  Campaign  for  Human  Rights 

1997/43.  Integrating  the  human  rights  of  women  throughout  the  United  Nations 
system 

1997/44.  Tne  elimination  of  violence  against  women 

1997/45.  Regional  arrangements  for  the  promotion  and  protection  of  human  rights 
in  the  Asian  and  Pacific  region 

1997/46.  Advisory  services,  technical  cooperation  and  the  United  Nations  Voluntary 
Fund  for  Technical  Cooperation  in  the  Field  of  Human  Rights 

1997/47.  Assistance  to  Somalia  in  the  field  of  human  rights 

1997/48.  Assistance  to  States  in  strengthening  the  rule  of  law 

1997/49.  Situation  of  human  rights  in  Cambodia 


1726 

1997/50.  Question  of  arbitrary  detention 

1997/51.  Assistance  to  Quatemala  in  the  field  of  human  rights 

1997/52.  Situation  of  human  rights  in  Hati 

1997/56.  Cooperation  with  representatives  of  United  Nations  human  rights  bodies 

1997/57.  Situation  of  human  rights  in  Bosnia  and  Herzegovina,  the  Republic  of  Cro- 
atia and  the  Federal  Republic  of  Yugoslavia  (Serbia  and  Montenegro) 

1997/58.  Situation  of  human  rights  in  Zaire  1997/59 .Situation  of  human  rights  in 
The  Sudan 

1997/61.  Extrajudicial,  summary  or  arbitrary  executions 

1997/64.  Situation  of  human  rights  in  Myanmar 

1997/65.  Situation  of  human  rights  in  Afghanistan 

1997/66.  Situation  of  human  rights  in  Rwanda 

1997/67.  Situation  of  human  rights  in  Equatorial  Guinea  and  assistance  in  the  field 
of  human  rights 

1997/68.  Report  of  the  United  Nations  High  Commissioner  for  human  rights 

1997/69.  Comprehensive  implementation  of  and  follow-up  to  the  Vienna  Declaration 
and  Program  of  Action 

1997/70.  Question  of  a  draft  declaration  on  the  right  and  responsibility  of  individ- 
uals, groups  and  organs  of  society  to  promote  and  protect  universally  rec- 
ognized human  rights  and  fundamental  freedoms 

1997/71.  Human  rights  and  bioethics 

1997/72.  Right  to  development 

1997/73.  Measures  to  combat  contemporary  forms  of  racism,  racial  discrimination, 
xenophobia  and  related  intolerance 

1997/74.  Racism,  racial  discrimination,  xenophobia  and  related  intolerance 

1997/75.  Human  rights  and  mass  exoduses 

1997/76.  Strengthening  of  the  Office  of  the  High  Commissioner/Centre  for  Human 
Rights 

1997/77.  Situation  of  human  rights  in  Burundi 

1997/78.  Rights  of  the  child 
The  following  resolutions  were  adopted  by  vote  at  the  53rd  session  of  the  UN 

Commission  on  Human  Rights  (letter  designations  refer  to  the  vote  chart): 

A.  1997/1.     Question  of  the  violation  of  human  rights  in  the  occupied  Arab  terri- 

tories, including  Palestine  (adopted  25-1-13) 

B.  1997/2.    Human  Rights  in  the  occupied  Syrian  (}olan  (adopted  26-1-23) 

C.  1997/3.    Israeli  settlements  in  the  occupied  Arab  territories  (adopted  47-1-2) 

D.  1997/4.    Situation  in  occupied  Palestine  (adopted  28-1-21) 

E.  1997/7.    Human  Rights  and  unilateral  coercive  measures  (adopted  37-8—7) 

F.  1997/9.    Adverse  effects  of  the  illicit  movement  and  dumping  of  toxic  and  dan- 

gerous products  and  wastes  on  the  enjoyment  of  human  rights  (adopted 
32-12-8) 

G.  1997/10.  Effects  on  the  full  enjoyment  of  human  rights  of  the  economic  adjust- 

ment policies  arising  from  foreign  debt  and,  in  particular,  on  the  imple- 
mentation of  the  Declaration  on  the  Right  to  Development  (adopted  34— 
15-3) 
H.  1997/12.  Question  of  the  death  penalty  (adopted  27-11-14) 
I.  1997/42.  Human  rights  and  terrorism  (adopted  28-0-23) 
J.  1997/53.  Situation  of  Human  Rights  in  Nigeria  (adopted  28-6-19) 
K.  1997/54.  Situation  of  human  rights  in  the  Islamic  Republic  of  Iran  (adopted  26- 
7-19)  1997/55.  Human  rights  situation  in  southern  Lebanon  and  West 
Bekaa  (adopted  51-1-1) 
L.  1997/55.  Human  rights  situation  in  southern  Lebanon  and  West  Bekaa  (adopted 

51-1-1) 
M.  1997/60.  Situation  of  human  rights  in  Iraq  (adopted  31-0-22) 
N.  1997/62.  Situation  of  human  rights  in  Cuba  (adopted  19-10-24) 
O.  1997/63.  Situation  of  human  rights  in  East  Timor  (adopted  20-14-18) 

The  following  procedural  votes  were  also  taken  at  the  53rd  session  of  the  UN 
Commission  on  Human  Rights  (letter  designations  refer  to  vote  chart): 

Vote  on  Chinese  motion  to  take  no  action  on  the  draft  resolution  on  the  situation 
of  human  rights  in  China.  (No-action  motion  adopted  by  a  vote  of  27-17-9.) 

Paragraph  vote  requested  by  the  Russian  Federation  on  operative  paragraphs  18, 
29  (d),  29  (D,  29  (g),  29  (h)  and  31  of  the  resolution  1997/57)  on  the  situation  of 
human  rights  in  Bosnia  and  Herzegovina,  the  Republic  of  Croatia  and  the  Federal 
Republic  of  Yugoslavia  (Serbia  and  Montenegro).  (Paragraphs  were  retained  by  a 
vote  of  35-0-16.) 


1727 


Apppendix  F.— 53rd  UNHRC  Voting  Record.— 

Continued 


COMMISSION  MEMBER 

A 

B 

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D 

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N 

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Q 

ALGERIA  

Y 

Y 

Y 

Y 

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Y 

N 

Y 

A 

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A 

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ANGOLA  

A 

A 

Y 

Y 

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Y 

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Y 

A 

A 

A 

Y 

A 

A 

Y 

Y 

A 

ARGENTINA  

A 

Y 

Y 

A 

Y 

Y 

Y 

Y 

A 

Y 

Y 

Y 

Y 

Y 

A 

A 

Y 

AUSTRIA  

A 

A 

Y 

A 

A 

N 

N 

Y 

A 

Y 

Y 

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Y 

Y 

Y 

N 

Y 

BANGLADESH  

Y 

Y 

Y 

Y 

Y 

Y 

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N 

Y 

A 

N 

Y 

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N 

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BELARUS  

A 

A 

Y 

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A 

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N 

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A 

BENIN  

Y 

Y 

Y 

Y 

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Y 

A 

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N 

A 

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A 

A 

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Y 

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BHUTAN 

Y 

Y 

Y 

Y 

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Y 

N 

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A 

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N 

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BRAZIL  

Y 

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Y 

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Y 

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Y 

Y 

A 

Y 

A 

Y 

BULGARIA  

A 

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A 

N 

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N 

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Y 

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N 

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A 

N 

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N 

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CHILE  

Y 

CHINA  

Y 

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N 

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N 

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A 

COLOMBIA  

. 

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Y 

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Y 

Y 

A 

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CUBA  

Y 

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Y 

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Y 

N 

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Y 

A 

N 

N 

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A 

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N 

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Y 
Y 

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Y 

Y 
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Y 
Y 

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Y 

N 
N 

Y 

DENMARK  

Y 

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A 

A 

A 

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Y 

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Y 

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Y 

Y 

A 

Y 

A 

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A 

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N 

Y 

GABON  

- 

- 

- 

- 

Y 

Y 

Y 

A 

A 

N 

A 

Y 

A 

A 

A 

Y 

Y 

GERMANY 

A 

A 

Y 

A 

N 

N 

N 

Y 

A 

Y 

Y 

Y 

Y 

Y 

Y 

N 

Y 

GUINEA 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

A 

A 

A 

A 

Y 

Y 

A 

A 

Y 

A 

INDIA 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

A 

Y 

A 

N 

Y 

A 

N 

N 

Y 

A 

INDONESIA  

Y 

Y 

Y 

Y 

Y 

Y 

Y 

N 

Y 

N 

N 

Y 

A 

N 

N 

Y 

A 

IRELAND 

A 

A 

Y 

A 

A 

A 

N 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

N 

Y 

ITALY 

A 

A 

Y 

A 

A 

N 

N 

Y 

A 

Y 

Y 

Y 

Y 

Y 

Y 

N 

Y 

JAPAN  

A 

A 

Y 

A 

N 

N 

N 

N 

Y 

Y 

Y 

Y 

Y 

Y 

A 

N 

Y 

KOREA  

Y 

Y 

Y 

Y 

N 

A 

A 

N 

Y 

Y 

A 

Y 

Y 

Y 

A 

A 

Y 

MADAGASCAR  

A 

A 

Y 

Y 

Y 

Y 

Y 

A 

A 

A 

A 

Y 

A 

A 

N 

Y 

A 

MALAYSIA  

Y 

Y 

Y 

Y 

Y 

A 

Y 

N 

Y 

A 

N 

Y 

A 

A 

N 

Y 

Y 

MALI  

- 

- 

- 

Y 

A 

A 

Y 

A 

A 

A 

Y 

A 

MEXICO 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

A 

A 

Y 

Y 

Y 

A 

A 

A 

A 

MOZAMBIQUE  

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

A 

A 

Y 

A 

A 

Y 

Y 

A 

NEPAL  

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

A 

A 

Y 

A 

A 

N 

Y 

A 

NETHERLANDS  

A 

A 

Y 

A 

N 

N 

N 

Y 

A 

Y 

Y 

Y 

Y 

Y 

Y 

N 

Y 

NICARAGUA  

A 

A 

Y 

A 

Y 

Y 

Y 

Y 

A 

Y 

Y 

Y 

Y 

Y 

A 

N 

Y 

PAKISTAN 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

N 

Y 

A 

N 

Y 

A 

A 

N 

Y 

Y 

PHILIPPINES  

Y 

Y 

Y 

Y 

Y 

A 

A 

A 

Y 

A 

A 

Y 

A 

A 

N 

A 

Y 

RUSSIA  

A 

A 

Y 

A 

Y 

N 

N 

Y 

Y 

Y 

Y 

Y 

Y 

A 

A 

A 

A 

SOUTH  AFRICA  

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

Y 

A 

Y 

Y 

N 

A 

N 

Y 

SRI  LANKA  

Y 
Y 

Y 

Y 

Y 
Y 

Y 
Y 

Y 
Y 

Y 
Y 

Y 
Y 

A 
A 

Y 
Y 

A 
Y 

A 
A 

Y 
Y 

A 
A 

A 

N 

N 
A 

Y 
Y 

A 

UGANDA  

Y 

UKRAINE  

A 

A 

Y 

A 

A 

N 

N 

Y 

A 

Y 

- 

Y 

Y 

A 

Y 

Y 

UNITED  KINGDOM  

A 

A 

Y 

A 

N 

N 

N 

A 

A 

Y 

Y 

Y 

Y 

Y 

Y 

N 

Y 

UNITED  STATES  

N 
A 

N 
A 

N 
A 

N 
A 

N 
Y 

N 
Y 

N 
Y 

N 
Y 

A 
Y 

Y 
Y 

Y 
Y 

N 
Y 

Y 
Y 

Y 
Y 

Y 
Y 

N 
A 

Y 

URUGUAY 

Y 

ZAIRE        

Y 

Y 

Y 

Y 

Y 
Y 

Y 
Y 

Y 

Y 

A 
A 

A 

N 
A 

Y 
A 

Y 
Y 

Y 
A 

N 

N 

A 

N 

Y 
Y 

Y 

ZIMBABWE  

A 

Y  -  Yes  N  -  No  A  -  Abgtention  -  - 

Ab 

lent. 

1728 

Appendix  G. — Universal  Declaration  of  Human 

Rights 

Preamble 

Whereas  recognition  of  the  inherent  dignity  and  of  the  equal  and  inalienable 
rights  of  aU  members  of  the  human  family  is  the  foundation  of  freedom,  justice  and 
peace  in  the  world,  ^ 

Whereas  disregard  and  contempt  for  human  rights  have  resulted  in  barbarous 
acts  which  have  outraged  the  conscience  of  mankind,  and  the  advent  of  a  world  in 
which  human  beings  shall  enjoy  freedom  of  speech  and  belief  and  freedom  from  fear 
and  want  has  been  proclaimed  as  the  highest  aspiration  of  the  common  people, 

Whereas  it  is  essential,  if  man  is  not  to  be  compelled  to  have  recourse,  as  a  last 
resort,  to  rebellion  against  tyranny  and  oppression,  that  human  rights  should  be 
protected  by  the  rule  of  law. 

Whereas  it  is  essential  to  promote  the  development  of  friendly  relations  between 
nations, 

Whereas  the  peoples  of  the  United  Nations  have  in  the  Charter  reaffirmed  their 
faith  in  fundamental  human  rights,  in  the  dignity  and  worth  of  the  human  person 
and  in  the  eaual  rights  of  men  and  women  and  have  determined  to  promote  social 
progress  and  oetter  standards  of  life  in  larger  freedom, 

Whereas  Member  States  have  pledged  themselves  to  achieve,  in  co-operation  with 
the  United  Nations,  the  promotion  of  universal  respect  for  and  observance  of  human 
rights  and  fundamental  freedoms. 

Whereas  a  common  understanding  of  these  rights  and  freedoms  is  of  the  greatest 
iniportance  for  the  full  realization  of  this  pledge. 

Now,  therefore.  The  General  Assembly,  proclaims  this  Universal  Declaration  of 
Human  Rights  as  a  common  standard  of  achievement  for  all  peoples  and  all  nations, 
to  the  end  that  every  individual  and  every  organ  of  society,  keeping  this  Declaration 
constantly  in  mind,  shall  strive  by  teaching  and  education  to  promote  respect  for 
these  rights  and  freedoms  and  by  progressive  measures,  national  and  international, 
to  secure  their  universal  and  effective  recognition  and  observance,  both  among  the 
peoples  of  Member  States  themselves  and  among  the  peoples  of  territories  under 
their  jurisdiction. 

Article  1 

All  human  beings  are  bom  free  and  equal  in  dignity  and  rights.  They  are  endowed 
with  reason  and  conscience  and  should  act  towards  one  another  in  a  spirit  of  broth- 
erhood. 

Article  2 

Everyone  is  entitled  to  all  the  rights  and  freedoms  set  forth  in  this  Declaration, 
without  distinction  of  an  kind,  such  as  race,  colour,  sex,  language,  religion,  political 
or  other  opinion,  national  or  social  origin,  property,  birth  or  other  status. 

Furthermore,  no  distinction  shall  be  made  on  the  basis  of  the  political,  jurisdic- 
tional or  international  status  of  the  country  or  territory  to  which  a  person  belongs, 
whether  it  be  independent,  trust,  non-self-governing  or  under  any  other  limitation 
of  sovereignty. 

Article  3 

Everyone  has  the  right  to  life,  liberty  and  the  security  of  person. 

Article  4 

No  one  shall  be  held  in  slavery  or  servitude;  slavery  and  the  slave  trade  shall  be 
prohibited  in  all  their  forms. 

Article  5 

No  one  shall  be  subjected  to  torture  or  to  cruel,  inhuman  or  degrading  treatment 
or  punishment. 


*  (This  material  is  in  the  public  domain  and  may  be  reprinted  without  permission;  citation 
of  this  source  is  appreciated.) 


1729 

Article  6 

Everyone  has  the  ri^t  to  recognition  everywhere  as  a  person  before  the  law. 

Article  7 

All  are  equal  before  the  law  and  are  entitled  without  any  discrimination  to  equal 
protection  of  the  law.  All  are  entitled  to  equal  protection  against  any  discrimination 
in  violation  of  this  Declaration  and  against  any  incitement  to  such  discrimination. 

Article  8 

Everyone  has  the  right  to  an  effective  remedy  by  the  competent  national  tribunals 
for  acts  violating  the  mndamental  rights  granted  him  by  the  constitution  or  by  law. 

Article  9 

No  one  shall  be  subjected  to  arbitrary  arrest,  detention  or  exile. 

Article  10 

Everyone  is  entitled  in  full  equality  to  a  fair  and  public  hearing  by  an  independ- 
ent and  impartial  tribunal,  in  the  determination  of  his  rights  and  obligations  and 
of  any  criminal  charge  against  him. 

Article  11 

1.  Everyone  charged  with  a  penal  ofTence  has  the  right  to  be  presumed  innocent 
until  proved  guilty  according  to  law  in  a  public  trial  at  which  he  has  had  all  the 
guarantees  necessary  for  his  defence. 

2.  No  one  shall  be  held  guilty  without  any  limitation  due  to  race,  of  any  penal 
offence  on  account  of  nationality  or  religion,  have  the  any  act  or  omission  which  did 
not  constitute  a  penal  offence,  under  national  or  international  law,  at  the  time  when 
it  was  committed. 

Article  12 

No  one  shall  be  subjected  to  arbitrary  interference  with  his  privacy,  family,  home 
or  correspondence,  nor  to  attacks  upon  his  honour  and  reputation.  Everyone  has  the 
right  to  the  protection  of  the  law  against  such  interference  or  attacks. 

Article  13 

1.  Everyone  has  the  right  to  freedom  of  movement  and  residence  within  the  bor- 
ders of  each  state. 

2.  Everyone  has  the  right  to  leave  any  country,  including  his  own,  and  to  return 
to  his  country. 

Article  14 

1.  Everyone  has  the  right  to  seek  and  to  enjoy  in  other  countries  asylum  from  per- 
secution. 

2.  This  right  may  not  be  invoked  in  the  case  of  prosecutions  genuinely  arising 
from  non-political  crimes  or  from  acts  contrary  to  the  purposes  and  principles  of  the 
United  Nations. 

Article  15 

1.  Everyone  has  the  right  to  a  nationality. 

2.  No  one  shall  be  arbitrarily  deprived  of  his  nationality  nor  be  denied  the  right 
to  change  his  nationality. 

Article  16 

1.  Men  and  women  of  full  age,  without  any  limitation  due  to  race,  nationality  or 
religion,  have  the  right  to  marry  and  to  found  a  family.  They  are  entitled  to  equal 
rights  as  to  marriage,  during  marriage  and  at  its  dissolution. 

2.  Marriage  shall  be  entered  into  only  with  the  free  and  full  consent  of  the  intend- 
ing spouses. 


1730 

3.  The  family  is  the  natural  and  fundamental  group  unit  of  society  and  is  entitled 
to  protection  by  society  and  the  State. 

Article  17 

1.  Everyone  has  the  right  to  own  property  alone  as  well  as  in  association  with 
others. 

2.  No  one  shall  be  arbitrarily  deprived  of  his  property. 

Article  18 

Everyone  has  the  right  to  freedom  of  thought,  conscience  and  religion;  this  right 
includes  freedom  to  change  his  religion  or  belief,  and  freedom,  either  alone  or  in 
community  with  others  and  in  public  or  private,  to  manifest  his  religion  or  belief 
in  teaching,  practice,  worship  and  observance. 

Article  19 

Everyone  has  the  right  to  freedom  of  opinion  and  expression;  this  right  includes 
freedom  to  hold  ?pinions  without  interference  and  to  seek,  receive  and  impart  infor- 
mation and  ideas  through  any  media  and  regardless  of  frontiers. 

Article  20 

1.  Everyone  has  the  right  to  freedom  of  peaceful  assembly  and  association. 

2.  No  one  may  be  compelled  to  belong  to  an  association. 

Article  21 

1.  Everyone  has  the  right  to  take  part  in  the  Grovemment  of  his  country,  directly 
or  through  freely  chosen  representatives. 

2.  Everyone  has  the  right  of  equal  access  to  public  service  in  his  country. 

3.  The  will  of  the  people  shall  be  the  basis  of  the  authority  of  government;  this 
will  shall  be  expressed  in  periodic  and  genuine  elections  which  shall  be  by  universal 
and  equal  suffrage  and  shall  be  held  by  secret  vote  or  by  equivalent  free  voting  pro- 
cedures. 

Article  22 

1.  Everyone,  as  a  member  of  society,  has  the  right  to  social  security  and  is  entitled 
to  realization,  through  national  effort  and  international  cooperation  and  in  accord- 
ance with  the  organization  and  resources  of  each  State,  of  the  economic,  social  and 
cultural  rights  indispensable  for  his  dignity  and  the  free  development  of  his  person- 
ality. 

Article  23 

1.  Everyone  has  the  right  to  work,  to  free  choice  of  employment,  to  just  and 
favourable  conditions  of  work  and  to  protection  against  unemployment. 

2.  Everyone,  without  any  discrimination,  has  the  right  to  equal  pay  for  equal 
work. 

3.  Everyone  who  works  has  the  right  to  just  and  favourable  remuneration  insur- 
ing for  himself  and  his  family  an  existence  worthy  of  human  dignity,  and  supple- 
mented, if  necessary,  by  other  means  of  social  protection. 

4.  Everyone  has  the  right  to  form  and  to  join  trade  unions  for  the  protection  of 
his  interests. 

Article  24 

Everyone  has  the  right  to  rest  and  leisure,  including  reasonable  limitation  of 
working  hours  and  periodic  holidays  with  pay. 

Article  25 

1.  Everyone  has  the  right  to  a  standard  of  living  adequate  for  the  health  and  well- 
being  of  himself  and  of  his  family,  including  food,  clothing,  housing  and  medical  care 
and  necessary  social  services,  and  the  right  to  security  in  the  event  of  unemploy- 
ment, sickness,  disability,  widowhood,  old  age  or  other  lack  of  livelihood  in  cir- 
cumstances beyond  his  control. 


1731 

2.  Motherhood  and  childhood  are  entitled  to  special  care  and  assistance.  All  chil- 
dren, whether  bom  in  or  out  of  wedlock,  shall  enjoy  the  same  social  protection. 

Article  26 

1.  Everyone  has  the  right  to  education.  Education  shall  be  free,  at  least  in  the 
elementary  and  fundamental  stages.  Elementary  education  shall  be  compulsory. 
Technical  and  professional  education  shall  be  made  generally  available  and  higher 
education  shall  be  equally  accessible  to  all  on  the  basis  of  merit. 

2.  Education  shall  be  directed  to  the  full  development  of  the  human  personality 
and  to  the  strengthening  of  respect  for  human  rights  and  fundamental  freedoms.  It 
shall  promote  understanding,  tolerance  and  friendship  among  all  nations,  racial  or 
religious  groups,  and  shall  further  the  activities  of  the  Unitea  Nations  for  the  main- 
tenance of  peace. 

3.  Parents  have  a  prior  right  to  choose  the  kind  of  education  that  shall  be  given 
to  their  children. 

Article  27 

1.  Everyone  has  the  right  freely  to  participate  in  the  cultural  life  of  the  commu- 
nity, to  enjoy  the  arts  and  to  share  in  scientific  advancement  and  its  benefits. 

2.  Everyone  has  the  right  to  the  protection  of  the  moral  and  material  interests 
resulting  from  any  scientific,  literary  or  artistic  production  of  which  he  is  the  au- 
thor. 

Article  28 

Everyone  is  entitled  to  a  social  and  international  order  in  which  the  rights  and 
freedoms  set  forth  in  this  Declaration  can  be  fully  realized. 

Article  29 

1.  Everyone  has  duties  to  the  community  in  which  alone  the  free  and  full  develop- 
ment of  his  personality  is  possible. 

2.  In  the  exercise  of  his  rights  and  freedoms,  everyone  shall  be  subject  only  to 
such  limitations  as  are  determined  by  law  solely  for  the  purpose  of  securing  due  rec- 
ognition and  respect  for  the  rights  and  freedoms  of  others  and  of  meeting  the  just 
requirements  of  morality,  public  order  and  the  general  welfare  in  a  democratic  soci- 
ety. 

3.  These  rights  and  freedoms  may  in  no  case  be  exercised  contrary  to  the  purposes 
and  principles  of  the  United  Nations. 

Article  30 

Nothing  in  this  Declaration  may  be  interpreted  as  implying  for  any  State,  group 
or  person  any  right  to  engage  in  any  activity  or  to  perform  any  act  aimed  at  the 
destruction  of  any  of  the  rights  and  freedoms  set  forth  herein. 

Hundred  and  eighty-third  plenary  meeting 
Resolution  217(A)(III)  of  the  General  Assembly, 
December  10,  1948 

o